HomeMy WebLinkAboutItem III (D) Approval and Authorization for Mayor and City Clerk to Execute Third 1
t AGENDA 12-7-93
tr "CENTER OF GOOD UVING-PRIDE OF WEST ORANGE" Item III D
OCO@ S.SCOTT VANDERGRIFT
CyCOMMISSIONERS OF OCOEE RUSSJOHNSON
;. 150 N.LAKESHORE DRIVE PAUL W.FOSTER
O
O OCOEE FLORIDA 34761-2258 VERN COMBS
�v (407)656-2322 JIM GLEASON
>> CITY MANAGER
Cf GoesELLIS SHAPIRO
SRP-414
STAFF REPORT
DATE: December 2 , 1993
TO: The Honorable Mayor and City Commissioners
FROM: Russ Wagner, Director of Planning
SUBJ : Third Developer 's Agreement
Plantation Grove PUD
ISSUE:
Should The Honorable Mayor and Board of City Commissioners approve
the Third Developer' s Agreement for Plantation Grove PUD?
BACKGROUND:
On May 5 , 1992 , the City Commission approved the Revised Land Use
Plan and Second Developer Agreement pertaining to the entire
Plantation Grove PUD, a multi-use project containing commercial ,
multiple family and single family uses . On May 18 , 1993 , the City
Commission conditionally approved the Preliminary Subdivision Plan
for Cross Creek, the single family portion of the overall
Plantation Grove project . As a separate item on this Commission
Agenda, Final Subdivision Plans for Phase I of Cross Creek have
been submitted for consideration and approval .
DISCUSSION :
Over the past several months , Cross Creek Development Company
(Pizzuti Development , Inc . ) has been negotiating with the developer
of the Plantation Grove PUD, Maguire Road Corporation (MRC) , to
acquire the single family portion of the Project . Within the next
several weeks , the sale of this property is anticipated to be
consummated. To ensure that all conditions of approval affecting
the overall development are maintained and equitably shared between
the two Developers , Staff has required that a Third Developer 's
Agreement be prepared and submitted to the City Commission for
approval prior to action on the Final Subdivision Plans .
Staff Report - Third Developer ' s Agreement , Planation Grove PUD
December 2 , 1993
Page 2
This new Developer ' s Agreement was reviewed by City Staff and the
City Attorney with the understanding that certain provisions of the
approved development conditions for the project would apply to both
parties , that some conditions would apply to the Cross Creek
property and that other conditions would only pertain to the MRC
Property . As structured, the new Developer' s Agreement apportions
all original conditions of approval between the two parties while
also recognizing those items with which MRC has already complied.
The Agreement specifically carries forward conditions of approval
affecting the overall development including provisions for the
paving and straightening of Moore Road as well as utility
extensions serving the entire Project .
STAFF RECOMMENDATION:
Staff respectfully recommends that The Honorable Mayor and City
Commissioners approve the Third Developer' s Agreement for
Plantation Grove PUD between the City, Cross Creek Development
Company and MRC, authorizing execution thereof by the Mayor and
City Clerk, subject to the following conditions :
1 . That the execution of the Agreement is subject to favorable
City Commission action on Final Subdivision Plans for Cross
Creek Phase I including all Conditions of Approval .
2 . That the execution of the Agreement by the City is conditioned
upon the consummation of the sale of property between Cross
Creek Development Company and MRC.
3 . That a Joinder and Consent Form from Barnett Bank be provided
to the City prior to execution of the Third Developer 's
Agreement by the Mayor and City Clerk.
RBW/ek
cc : Robert Ferdinand, Maguire Road Corporation
Dan Roberts , Agent , Pizzuti Development , Inc .
Steve Mellich, CCL Consultants , Inc .
THIRD DEVELOPER' S AGREEMENT
THIS THIRD DEVELOPER'S AGREEMENT ("Agreement" or "Third
Developer Agreement") is made and entered into this day of
November, 1993 , by and among the CITY OF OCOEE, Florida, a Florida
municipal corporation (hereinafter referred as the "City") ; MAGUIRE
ROAD CORPORATION, a Florida corporation (hereinafter referred to as
"MRC") ; CROSS CREEK DEVELOPMENT COMPANY, a Florida general
partnership (hereinafter referred as "Cross Creek") ; and ROBERT L.
FERDINAND, TRUSTEE (hereinafter referred as "Trustee") .
WITNESSET H:
WHEREAS, the City and MRC entered into that certain City of
Ocoee Development Agreement Contract No. 088-09, dated November 22,
1988 and recorded in Official Records Book 4085, Page 165, Public
Records of Orange County, Florida (the "Original Agreement") ; and
WHEREAS, the City, MRC, and Trustee entered into that certain
Amendment to City of Ocoee Development Agreement No. 88-09, dated
February 5, 1991, and recorded in Official Records Book 4268, Page
2000, Public Records of Orange County, Florida (the "Amendment") ;
and
WHEREAS, the City and MRC entered into that certain Second
Developer Agreement, dated May 5, 1992 and recorded in Official
Records Book 4433, Page 1798, Public Records of Orange County,
Florida (the "Second Agreement") ; and
WHEREAS, MRC was the owner and developer of all the land
comprising the development within the city limits of the City known
as "Plantation Grove" and as more particularly described in the
"Revised Land Use Plan", dated January 21, 1992 , as prepared by
C.C.L. Consultants, Inc. and consisting of two (2) pages, as
approved by the City Commission of the City on May 5, 1992
(hereinafter referred to as the "RLUP") ; and
WHEREAS, MRC, as owner, and Cross Creek, as developer,
submitted a "Development Plan and Preliminary Subdivision Plan"
consisting of five (5) pages (including the RLUP) as conditionally
approved by the City Commission of the City on May 18, 1993
(hereinafter referred to as the "Preliminary Subdivision Plan") ;
and
WHEREAS, by Warranty Deed dated , 1993 , recorded
under Clerk's No. , Public Records of Orange
County, Florida, MRC conveyed to Cross Creek the real property
described in Exhibit A hereto and incorporated by reference herein
(the "Cross Creek Property") ; and
WHEREAS, MRC holds title to the property described in
Exhibit B attached hereto and incorporated by reference herein (the
"MRC Property") ; and
WHEREAS, the Original Agreement, the Amendment, the Second
Agreement, the RLUP and the Preliminary Subdivision Plan imposed
certain restrictions and conditions on the Cross Creek Property and
the MRC Property (hereinafter collectively, the "Property") as more
specifically set forth therein; and
WHEREAS, certain restrictions and conditions in the Original
Agreement, the Amendment, the Second Agreement, the RLUP and the
Preliminary Subdivision Plan are intended to apply only to the MRC
Property, some of the restrictions and conditions are intended to
apply only to the Cross Creek Property, and some of the
restrictions and conditions are intended to apply to the Property;
and
WHEREAS, the Property is a part of and subject to the
Plantation Grove PUD; and
WHEREAS, Cross Creek and MRC have requested that the City
enter into the Third Developer Agreement in order to facilitate the
sale of the Cross Creek Property to Cross Creek and to clarify
certain obligations of Cross Creek with respect thereto; and
WHEREAS, subject to the terms and conditions hereinafter set
forth, the City has agreed to the request of Cross Creek and MRC.
NOW, THEREFORE, in consideration of the premises, Ten and
No/100 Dollars ($10.00) and other good and valuable consideration
exchanged between and among the parties hereto, the receipt and
sufficiency of which are hereby acknowledged by each of the
parties, City, MRC, Trustee and Cross Creek do hereby agree as
follows:
1. The parties hereby mutually represent and agree that the
foregoing recitals are true and correct, and are hereby adopted and
incorporated herein as a part of this Agreement by this reference.
2 . Concerning Section 2 . 1 of the Original Agreement, City
confirms that no topographic and tree survey is required to be
submitted by Cross Creek in connection with development of the
Cross Creek Property; provided, however, that this requirement
applies to the MRC Property.
3 . Concerning Sections 2 .4 , 2. 5 and 2 . 6 of the Original
Agreement, MRC and Cross Creek have each entered into separate
agreements with the City for the provision of water and sewer
service to the MRC Property and the Cross Creek Property,
respectively. The parties acknowledge and agree that MRC and Cross
Creek shall have no further obligation with respect to Sections
2 .4, 2 .5 and 2. 6 of the Original Agreement.
4. Concerning Section 2.8 of the Original Agreement, the
basic street system layout for the Cross Creek Property as set
2
forth at Exhibit C attached hereto and incorporated by reference
herein is acceptable to the City; provided, however, that the
street system layout for the Cross Creek Property shall be
constructed in accordance with the final subdivision plans approved
by the City of Ocoee (the "Final Subdivision Plans") .
5. Concerning Section 2 . 10 of the Original Agreement, the
sidewalks shall be installed at the sole cost and expense of Cross
Creek or a subsequent purchaser of lots in accordance with the
Final Subdivision Plans for the Cross Creek Property.
6. Section 2.19 of the Original Agreement has been revised
as set forth in the Amendment and MRC and Cross Creek shall have no
further obligation with respect to Section 2 .19 of the Original
Agreement.
7. Concerning Section 2 .20 of the Original Agreement, Cross
Creek shall not be required to submit a traffic study to the City
prior to submittal of Final Development Plans for the Cross Creek
Property; provided, however, that this requirement applies to the
MRC Property unless otherwise agreed to by the City.
8. As to the Property, Section 2 .21, Section 5, Exhibit "C" ,
and Exhibit "D" of the Original Agreement have been superseded by
the Second Agreement and the RLUP.
9. MRC has heretofore donated and conveyed to the City a
site west of Maguire Road designated for use as a fire station, as
required by the Amendment. No further action is required by either
Cross Creek or MRC pursuant to the Amendment.
10. Concerning the Conditions of Approval attached as
Exhibit "B" to the Second Agreement, the following clarifications
are provided (the Conditions of Approval listed on the RLUP and
numbered 1 through 24 are referred to hereafter as "Note 1" , "Note
2", etc. ) :
a. Concerning Note 1, the MRC Property and the Cross Creek
Property shall each form separate homeowner associations
and the declarations of covenants, conditions and
restrictions shall apply to the respective properties.
b. Notes 2 , 3, 4, 5, 7, 9, 11, 12, 13 , 14, 15, 16, 17, 19,
22 and 23 apply to both the MRC Property and Cross Creek
Property as applicable.
c. Notes 6, 8, 10 and 18 shall apply only to the MRC
Property.
d. Concerning Note 20, MRC has delivered a Warranty Deed and
Partial Release of Mortgage to the City, but the City
cannot accept the Warranty Deed as MRC has not paid
3
delinquent taxes for 1992 and escrowed taxes for 1993
pursuant to Section 196. 245, Florida Statutes. As a
condition of approval of Cross Creek's Preliminary
Subdivision Plans, such taxes must be paid by December
31, 1993 or such approval shall be null and void.
e. Concerning Note 21, the cost of signalization of the
intersection of Moore Road and Maguire Road shall be the
sole responsibility of MRC.
f. Note 24 shall apply only to the Cross Creek Property.
g. Concerning the ADDITIONAL CONDITIONS OF APPROVAL set
forth on the RLUP, the provisions relating to multifamily
and retail commercial property shall apply solely to the
MRC Property, and the provisions relating to the single
family residential property shall apply solely to the
Cross Creek Property.
h. Concerning traffic generation statistics as shown on the
RLUP, the single family calculation for Plantation Grove
East shall be three hundred twenty-two (322) units times
9.55 ADT's, equals 3 , 075 ADT's.
11. Concerning the Proposed Conceptual Development Schedule
as set forth on the RLUP, said schedule is revised as to the Cross
Creek Property as set forth on Exhibit D attached hereto and
incorporated by reference herein; provided, however, that the
Proposed Conceptual Development Schedule shall remain unchanged as
to the MRC property.
12. MRC acknowledges and agrees that the drainage easements
set forth in Exhibit E attached hereto and by this reference made
a part hereof shall be granted to Cross Creek and shall be for the
benefit of the Cross Creek Property for the provision of stormwater
management ponds and conveyance ditches. Said easements may be
modified at the time a master stormwater management pond is
constructed on the MRC Property.
13 . Cross Creek acknowledges and agrees that access to the
multifamily Tract A on the MRC Property shall be provided by Cross
Creek from the Cross Creek Property to MRC from a street as
required by the City.
14 . This Agreement shall be binding, and shall inure to the
benefit of the heirs, legal representatives, successors and assigns
of the parties, and shall run with the Cross Creek Property and the
MRC Property and be binding upon the heirs, legal representatives,
successors and assigns of the parties and upon any person, firm,
corporation or entity who may become the successor-in-interest to
the Cross Creek Property or the MRC Property.
4
15. This Agreement and the provisions contained herein shall
be construed, controlled and interpreted according to the laws of
the State of Florida.
16. Except as hereinafter set forth, this Agreement
constitutes the entire agreement between the parties as to the
matters set forth herein, and supersedes all previous discussions,
understandings and agreements with respect to the subject matter
hereof. Notwithstanding the above provisions, all other provisions
of the Original Agreement, the Amendment, the Second Amendment, the
RLUP and the Preliminary Subdivision Plan and any other agreements
of record affecting the Property heretofore entered into between
the City and MRC, Trustee, and/or Cross Creek shall remain in full
force and effect and shall not be affected by this Agreement except
to the extent of any conflict herewith. Amendments to and waivers
of the provisions of this Agreement shall be made by the parties
only in writing by formal amendment.
17. Any notice delivered with respect to this Agreement shall
be in writing and shall be deemed to be delivered (whether or not
actually received) when (A) hand delivered to the person
hereinafter designated, or (B) upon receipt of such notice when
deposited in the United States Mail, postage prepaid, certified
mail, return receipt requested, addressed to the person at the
address set forth opposite the party's name below, or such other
address or to such other person as the party shall have specified
by written notice to the other party delivered in accordance
herewith:
City: Attention: City Manager
City of Ocoee
150 Lakeshore Drive
Ocoee, Florida 32761
With a copy to: Paul E. Rosenthal, Esq.
City Attorney
c/o Foley & Lardner
111 N. Orange Avenue
Suite 1800
Orlando, Florida 32801
MRC: Maguire Road Corporation
c/o Scott D. Clark, Esq.
Graham, Clark, Jones, Pratt & Marks, P.A.
369 North New York Avenue
Winter Park, Florida 32789
Trustee: Robert L. Ferdinand, Trustee
c/o Scott D. Clark, Esq.
Graham, Clark, Jones, Pratt & Marks, P.A.
369 North New York Avenue
Winter Park, Florida 32789
5
Cross Creek: Cross Creek Development Company
c/o Pizzuti Equities Inc.
250 East Broad Street
Columbus, Ohio 43215
Attention: General Counsel
with a copy to: James E. L. Seay, Esquire
Maguire, Voorhis & Wells, P.A.
Two South Orange Avenue
Orlando, Florida 32801
18. If any sentence, phrase, paragraph, provision or portion
of this Agreement is for any reason held invalid or
unconstitutional by any court of competent jurisdiction, such
portion shall be deemed a separate, distinct and independent
provision and such holding shall not affect the validity of the
remaining portion hereof.
19. The parties agree that at any time following a request
therefor by the other party, each shall execute and deliver to the
other party such further documents and instruments, in form and
substance reasonably necessary to confirm and/or effectuate the
obligations of either party hereunder and the consummation of the
transactions contemplated hereby.
20. The parties hereto shall have the right to enforce the
terms and conditions of this Agreement by an action for specific
performance. The City shall also have such other remedies as may
be available under the City of Ocoee Code of Ordinances and Land
Development Code.
21. In the event that any party finds it necessary to
commence an action against another party to enforce any provision
of this Agreement or because of a breach by another party of any
terms hereof, the prevailing party shall be entitled to recover
from the other party its reasonable attorneys' fees, legal
assistants' fees and costs incurred in connection therewith, at
both trial and appellate levels, including bankruptcy proceedings,
without regard to whether any legal proceedings are commenced or
whether or not such action is prosecuted to judgment.
22 . This Agreement may be executed in any number of
counterparts, each of which shall be deemed to be an original but
all of which together shall constitute one and the same instrument.
6
IN WITNESS WHEREOF, the parties hereto have caused this
instrument to be executed by their duly authorized officers and
their respective seals to be affixed hereto as of the day and year
first above written.
Signed, sealed and delivered CITY OF OCOEE, FLORIDA,
in the presence of: a municipal corporation
By:
Print Name: S. Scott Vandergrift
Mayor
Print Name: (SEAL)
Attest:
Jean Grafton
City Clerk
For use and reliance only Approved by the Ocoee City
by the City of Ocoee, Commission at a meeting held on
Florida approved as to , 1993 under Agenda Item
form and legality this No.
day of _ , 1993 .
FOLEY & LARDNER
By:
City Attorney
MAGUIRE ROAD CORPORATION, a
Flor. corporation
By J /
Prin Name: Q.+v,c, Pri‘ Name: Ine.- A-• /;70 f14K [1
Title: v, 4
i 1//
Print Name: -S1'071-0 C/et,/c (CORPORATE SEAL)
7
CROSS CREEK DEVELOPMENT
COMPANY, a Florida general
partnership
BY: PIZZUTI EQUITIES INC. , an
Ohio corporation, its
general partner
Ill,
By:
-rint Name: . Print Name:
Title: I,e.co-r,..e. v.P
Print Name: . oolr ( • RPORATE SE
V
Print Name: Awww..r3 OBERT L. FERDINAND,
Individually and as Trustee
Print Name: Sea-rt- J C%r,1
STATE OF
COUNTY OF
The foregoing instrument was acknowledged before me this
day of , 1993 , by S. Scott Vandergrift and
Jean Grafton, as Mayor and City Clerk, respectively, of the CITY OF
OCOEE, FLORIDA, a municipal corporation. Said persons are
personally known to me.
Signature of Person Taking Acknowledgment
Notary Stamp Print Name:
Title: Notary Public
Serial No. (if any)
Commission Expires:
STATE OF "/_c ?/O7,-
COUNTY OF CKiNC'L
The foregoing instrument was acknowledged before me this 29/4
day of ,%'o✓,einh r , 1993 , by Rc.�,3-7z7' L. fb/e,am 9hD
8
as Pl-eskdu,c" , of MAGUIRE ROAD CORPORATION, a
Florida corporation. Said person is personally known to me or
produced the following identification Ivjq-
and who did (-id—not) take an oath.
Signature of Person Taking Acknowledgment
Notary Stamp Print Name: 2e0-rt-l'.C'/.o
Title: Notary Public
SCOTT` O' Serial No. (if any)E.: tas W COMPASSION f 3 1997�D�IRES Commission Expires:
?a :r f�011tary
W4::" Damm Wino nor Mw INSURANCE.INC.
STATE OF PGopho,1
COUNTY OF O,PANO:
The foregoing instrument was acknowledged before me this 29
day of N011crnben , 1993, by R/C(tffi'O
as Exlcuirvz Vice Pr�s€derrf , of PIZZUTI EQUITIES INC. , an Ohio
corporation, said corporation being the general partner of CROSS
CREEK DEVELOPMENT COMPANY, a Florida general partnership. Said
person is personally known to me or produced the following
identification V/A and who did (did
.net) take an oath.
Signature of Person Taking Acknowledgment
Notary Stamp Print Name: sof D C%rE
Title: Notary Public
.fp SCOTT D.CLARK Serial No. (if any)
441
*: MY COMpassioN camems
Commission Expires:
FibrulitY 3.1997
micamplummwmmumm.
STATE OF ,Laeipi,'
COUNTY OF O.PANw&
The foregoing instrument was acknowledged before me this Z`
day of AO"- , 1993 , by ROBERT L. FERDINAND,
individually and as Trustee. He is personally known to me or
9
produced the following identification N44
and did (d&-not) take an oath.
1
Signature of Person Taking Acknowledgment
Notary Stamp Print Name: Sc2 Di' 0.C/a/k
rg:",, SCOTT Y Title: Notary Public
t� Mrd#papiREs Serial No. (if any)
TAF 3,1997
Commission Expires:
as„�. qac®THNU TROY FAIN
R:\REAL\065D\PIZ-MRC.DA1
10
LIST OF EXHIBITS
Exhibit A Cross Creek Property
Exhibit B MRC Property
Exhibit C Revised Street Layout for Cross Creek Property
Exhibit D Proposed Conceptual Development Schedule
Exhibit E Drainage Easements
R:\REAL\0650\PIZ-MRC.DA1
EXHIBIT A
CROSS CREEK PROPERTY
•
LEGAL DESCRIPTION
APORTION OF THE NORTHWESTUSECTION
SOUTH,
RANGE 28
EAST, ORANGE COUNTY, FLORIDAFLORIDBEING MOREPARTICULARY DESCRIBEDASFOLLOWS:
COMMENCE AT THE NORTHWEST CORNER OF SAID SECTION 32; THENCE SOUTH 89"59'26"
EAST ALONG THE NORTH LINE OF THE NORTHWEST QUARTER OF SAID SECTION 32 A
DISTANCE OF 40.00 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE SOUTH 89"59'26"
EAST ALONG SAID NORTH LINE FOR 2602.59 FEET TO THE EAST LINE OF THE NORTHWEST
QUARTER OF SAID SECTION 32; THENCE SOUTH 00"21'52" EAST ALONG SAID EAST LINE FOR
1761.38 FEET; THENCE SOUTH 89"49'54" WEST, FOR 305.73 FEET; THENCE SOUTH 00°33'04"
EAST, FOR 914.84 FEET TO THE SOUTH LINE OF THE SOUTHEAST QUARTER OF THE
NORTHWEST QUARTER OF SAID SECTION 32; 1TIENCE SOUTII 89"54'50" WEST ALONG SAID
SOUTH LINE FOR 1018.64 FEET; THENCE NORTH 00"21'44" WEST, FOR 40.00 FEET; THENCE
ORTH 08'26'23" WEST, FOR
NORTH 0WEST,4" EAST, FOR 467.97 FEET; THENCE HENCE NORTH 70"42'11" EAST, 7.89 FOR FOR 1 5.17
THETCE NORTH 22
FEET; THENCE NORTH 01"03'18" WEST, FOR 207.54 FEET; THENCE NORTH 13"10'53" WEST,
OR 70.00 FEET;
OR 233.68FOFEET; THENCE
THENCE NORTH 03'59'26"ORTH 02'59'26" WEST, WEST, FOR 85.00HENCE NORTH FEET; THENCENORTHEAST,
FOR 235.00ST,
THE
POINT OF WEST, FOR BEGINNING. LESS T3.00 EE WEST C10 FEET AND THE SOUTH 40 FEET THEREOF FOR
POINT
ROAD RIGHT-OF-WAY.
SAID LANDS LYING IN THE CITY OF OCOEE, ORANGE COUNTY, FLORIDA AND CONTAINING
89.59 ACRES MORE OR LESS.
EXHIBIT B
MRC PROPER IY
LAND DESCRIPTION
PARCEL A
• A PORTION OF THE NORTHWEST QUARTER OF SECTION 32, TOWNSHIP 22
SOUTH, RANGE 28 EAST, ORANGE COUNTY, FLORIDA BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
• COMMENCE AT THE NORTHWEST CORNER OF SAID SECTION 32; THENCE SOUTH
89°59'26" EAST ALONG THE NORTH LINE OF NORTHWEST QUARTER OF SAID
SECTION 32 FOR 40.00 FEET TO THE POINT OF BEGINNING; THENCE
CONTINUE SOUTH 89°59'26" EAST ALONG SAID NORTH LINE FOR 2602.59
FEET TO THE EAST LINE OF THE NORTHWEST QUARTER OF SAID SECTION 32;
THENCE SOUTH 00°21'52" EAST ALONG SAID EAST LINE FOR 1761.38 FEET;
THENCE SOUTH 89°49'54" WEST FOR 305.73 FEET; THENCE SOUTH 00°33'04"
EAST FOR 914.84 FEET TO THE SOUTH LINE OF THE SOUTHEAST QUARTER OF '
THE NORTHWEST QUARTER OF SAID SECTION 32; THENCE SOUTH 89°54'50"
WEST ALONG SAID SOUTH LINE FOR 1018.64 FEET; THENCE NORTH 000
21'44"
WEST FOR 167.48 FEET; THENCE SOUTH 89°54'50" WEST FOR 1281.39 FEET;
THENCE NORTH 00°21'35" WEST FOR 2513.50 FEET TO THE POINT OF
BEGINNING AND CONTAINING 148.7375 ACRES MORE OR LESS.
SUBJECT TO EXISTING EASEMENTS, RIGHTS-OF-WAY, RESTRICTIONS AND
RESERVATIONS OF RECORD, IF ANY.
i -
LAND DESCRIPTION
PARCEL B
A PARCEL OF LAND LYING IN SECTION 32, TOWNSHIP 22 SOUTH, RANGE 28
• EAST, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCE AT THE WEST QUARTER CORNER OF SAID SECTION 32; THENCE RUN
NORTH 89°54'50" EAST, ALONG THE SOUTH LINE OF THE SOUTHWEST QUARTER
OF THE NORTHWEST QUARTER OF SAID SECTION 32, A DISTANCE OF 40.00
FEETITO THE POINT OF BEGINNING; THENCE RUN NORTH 00°21'35" WEST A
DISTANCE - OF 167.48 FEET; THENCE RUN NORTH 89°54'50" EAST, A
DISTANCE OF 1281.39 FEET; THENCE RUN SOUTH 00°21'44" EAST, A
;DISTANCE OF 167.48 FEET; THENCE RUN SOUTH 89°54'50" WEST, ALONG THE
SOUTX LINE OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF
SAID: SECTION 32, A DISTANCE OF 1281.40 FEET TO THE POINT OF
BEGINNING.
LEGG• 77/C .001177V 4:100' 77VGr.CEOF F-o.0 ,CO.00 Q, -
LESS :
LEGAL DESCRIPTION
A PORTION OF THE NORTHWEST QUARTER OF SECTION 32, TOWNSHIP 22 SOUTH, RANGE 28
EAST, ORANGE COUNTY, FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCE AT THE NORTHWEST CORNER OF SAID SECTION 32; THENCE SOUTH 89"59'26"
EAST ALONG THE NORTH LINE OF T1IE NORTHWEST QUARTER OF SAID SECTION 32 A
DISTANCE OF 40.00 FEET TO THE POINT OF BEGINNING: THENCE CONTINUE SOUTH 89"59'26"
EAST ALONG SAID NORTH LINE FOR 2602.59 FEET TO THE EAST LINE OF THE NORTHWEST
QUARTER OF SAID SECTION 32; THENCE SOUTH 00'21'52"EAST ALONG SAID EAST LINE FOR
1761.38 FEET; THENCE SOUTH 89'49'54" WEST, FOR 305.73 FEET; THENCE SOUTH 00°33'04"
EAST, FOR 914.84 FEET TO THE SOUTH LINE OF THE SOUTHEAST QUARTER OF THE
NORTHWEST QUARTER OF SAID SECTION 32; THENCE SOUTH 89"54'50" WEST ALONG SAID
SOUTH LINE FOR 1018.64 FEET; THENCE NORTH 00"21'44" WEST, FOR 40.00 FEET; THENCE
NORTH 03"00'08"WEST, FOR 360.57 FEET; THENCE NORTH 08"26'23"WEST, FOR 317.89 FEET;
THENCE NORTH 22"22'34"EAST,FOR 467.97 FEET; THENCE NORTH 70"42'11"EAST,FOR 115.17
FEET; THENCE NORTH 01"03'18" WEST, FOR 207.54 FEET; THENCE NORTH 13610'53" WEST,
FOR 233.68 FEET; THENCE NORTH 02'59'26" WEST,FOR 70.00 FEET; THENCE NORTH 06°00'34"
EAST, FOR 235.00 FEET; THENCE NORTH 03"59'26" WEST, FOR 85.00 FEET; THENCE NORTH
89'59'26" WEST, FOR 1473.00 FEET; THENCE NORTH 00'21'35"WEST, FOR 670.02 FEET TO THE
POINT OF BEGINNING. LESS THE WEST 10 FEET AND TIIE SOUTH 40 FEET THEREOF FOR
ROAD RIGHT-OF-WAY.
SAID LANDS LYING IN THE CITY OF OCOEE, ORANGE COUNTY, FLORIDA AND CONTAINING
89.59 ACRES MORE OR LESS.
EXHIBIT C
REVISED STREET LAYOUT FOR CROSS CREEK PROPERTY
MEET •
•
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SINGLE F M
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MULTIFAMILYk.....:rui
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I
1
i I •
• 1
f
/
COMMERCIAL• PHASE I
(TRACT F) ( I
SINGLE FAMILY•PHASE II
1 I (TRACT C)
I I
I ' I COMMERCIAL• s
1 PHASE Al '
C 1
W:
.1-.1L—va ,
--1. i .
I0 O. - ......„..��
MOORE ROAD•PHASE f !TRACT K) 4
. C - 7MOORE110A0•--PHASZ-9- -
PHASE LINE------
EXHIBIT D
PROPOSED CONCEPTUAL DEVELOPMENT SCHEDULE
All references to Tracts and Phases are set forth in Exhibit D
attached hereto.
Single Family
Phase I (Tract B) : Estimated Start Fall 1993
1. All on-site improvements within the tract.
2 . All improvements to Maguire Road right of way, from Tract I
north to northern property line of the PUD at Maguire Road and
intersection improvements as required.
3 . Road A - Phase I of Tract I, and all of the utilities under
this road right of way.
4. Recreation Center (Tract G) .
Phase II (Tract C) : Estimated Start Fall 1995
1. All on-site improvements within the Tract.
2. Road A - Phase II of Tract I, and all of the utilities under
this road right of way.
3 . Moore Road Phase I (Tract K) and Phase II (Tract L) .
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EXHIBIT E
CROSS CREEK
DRAINAGE EASEMENT
LEGAL DESCRIPTION
A PORTION OF THE NORTHWEST QUARTER OF SECTION 32, TOWNSHIP 22 SOUTH, RANGE 28
EAST, ORANGE COUNTY, FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCE AT THE NORTHWEST CORNER OF SAID SECTION 32; THENCE SOUTH 89°5976"
EAST ALONG THE NORTH LINE OF THE NORTHWEST QUARTER OF SAID SECTION 32, A
DISTANCE OF 4000 FEET; THENCE SOUTH 00°21'35"EAST, FOR 670.02 FEET TO THE POINT OF
BEGINNING; THENCE SOUTH 89°59'26" EAST, FOR 1473.00 FEET; THENCE SOUTH 03°59'26"
EAST, FOR 8500 FEET; THENCE SOUTH 06°00'34" WEST, FOR 235.00 FEET; THENCE SOUTH
02°59'26" EAST, FOR 70.00 FEET; THENCE SOUTH 13°10'53" EAST, FOR 233.68 FEET; THENCE
SOUTH 01°03'18"EAST, FOR 207.54 FEET; THENCE SOUTH 70°42'11" WEST, FOR 115.17 FEET;
THENCE SOUTH 22°22'34" WEST, FOR 467.97 FEET; THENCE SOUTH 08°26'23"EAST, FOR 144.15
FEET; THENCE NORTH 54°46'32"WEST, FOR 154.72 FEET; THENCE NORTH 22°22'34"EAST, FOR
591.92 FEET; THENCE NORTH 70°42'11"EAST,FOR 94.02 FEET; THENCE NORTH 01°03'18"WEST,
FOR 139.42 FEET; THENCE NORTH 13°52'50"WEST, FOR 279.72 FEET; THENCE NORTH 74°46'33"_
WEST, FOR 116.85 FEET; THENCE NORTH 20°12'16" WEST, FOR 217.86 FEET; THENCE NORTH
63°05'25" WEST, FOR 48.67 FEET; THENCE NORTH 78°50'36" WEST, FOR 100.04 FEET; THENCE
SOUTH 89°54'40" WEST, FOR 768.35 FEET' THENCE SOUTH 05°30'07" WEST, FOR 77.02 FEET;
THENCE SOUTH 37°34'37" WEST, FOR 37.26 FEET; THENCE SOUTH 66°46'17"WEST, FOR 118.07
FEET; THENCE SOUTH 89°38'25" WEST, FOR 129.41 FEET; THENCE NORTH 00°21'35"WEST, FOR
236.72 FEET TO THE POINT OF BEGINNING, LESS THE WEST 10 FEET THEREOF FOR ROAD
RIGHT-OF-WAY.
SAID LANDS LYING IN THE CITY OF OCOEE, ORANGE COUNTY, FLORIDA AND CONTAINING 7.28
ACRES MORE OR LESS.
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