HomeMy WebLinkAboutItem VI(C) Resolution No 94-31, relating to the condemnation of the Woodbery Property for Clarke Road I I AGENDA 11-1-94
Item VI C
• FOLEY & LARDNER
v. III NORTH ORANGE AVENUE, SUITE 1800
ORLANDO, FLORIDA 32801
TELEPHONE (4071 423-7656
l C`` FACSIMILE 14071 648-1743
"TAMPA, FLORIDA MAILING ADDRESS: MILWAUKEE, WISCONSIN
JACKSONVILLE, FLORIDA MADISON, WISCONSIN
TALLAHASSEE, FLORIDA POST OFFICE BOX 2193 WASHINGTON, D.C.
WEST PALM BEACH. FLORIDA ORLANDO. FL. 32802-2193 ANNAPOLIS. MARYLAND
CHICAGO. ILLINOIS
MEMORANDUM
TO: The Honorable Mayor and City Commissioners
of the City of Ocoee
FROM: Paul E. Rosenthal, Esq. , City Attorney
/ /1.,
DATE: October 26, 1994
RE: Resolution No. 94- 31 : Acquisition of Woodbery Property
for Clarke Road Project
The City has previously entered into a certain Development
Agreement dated June 18, 1991 with Silvestri Investments of
Florida, Inc. ("the Development Agreement") . The Development
Agreement obligated Silvestri Investments to design, engineer,
permit and construct the extension of Clarke Road from A.D. Mims
Road north to Clarcona-Ocoee Road Extension ("the Clarke Road
Extension") . Most of the right-of-way required for the Clarke Road
Extension is owned by Silvestri Investments and will be dedicated
to the City. Under the terms of the Development Agreement the City
is obligated to obtain the right-of-way for the northern most
portion of the Clarke Road Extension within 14 months of the date
that Silvestri Investments commenced construction of the Clarke
Road Extension, said commencement date being July 14, 1994. The
City has previously obtained right-of-way dedications from Kenjen,
Limited in connection with their annexation into the City. The
only missing link is property owned by Mr. and Mrs. Richard C.
Woodbery, Jr. ("the Woodbery Property") . Failure of the City to
acquire the Woodbery Property would result in Silvestri Investments
being released of its obligation to construct the northern most
portion of the Clarke Road Extension.
The City retained Pinel & Carpenter, Inc. to prepare an
appraisal of the Woodbery Property needed for the Clarke Road
Extension. We have been unsuccessful in negotiating a voluntary
sale of the Woodbery Property based upon the Pinel & Carpenter
appraisal dated June 27, 1993 . At the time of the original
appraisal we did not proceed with condemnation proceedings because
The Honorable Mayor and City Commissioners
of the City of Ocoee
October 26, 1994
Page 2
Silvestri Investments had not commenced construction of the Clarke
Road Extension.
In order to again attempt a voluntary sale and, at the same
time, prepare for condemnation we received an updated appraisal
from Pinel & Carpenter, Inc. dated September 27, 1994. The updated
appraisal sets forth the following value conclusions:
1. Parcel 133 (fee simple) : $ 80,200. 00
2. Parcel 733 (temporary construction
easement) : $ 6,815. 00
3 . Parcel 233 (remainder parcel)
(includes Parcel 833) $ 21,920.00
Total: $108,935.00
Attached hereto is a sketch depicting the parcels. Parcel 833 is
a permanent drainage easement which is included within Parcel 233
and has an appraised value of $3 ,900. We are recommending that the
remainder Parcel 233 be acquired in lieu of the permanent drainage
easement for the following reasons: (1) Parcel 233 may potentially
be needed for drainage when the final engineering for the roadway
is completed; (2) While Pinel & Carpenter did not find any
severance damages, the acquisition of this parcel eliminates any
debate over the issue; (3) The City may have alternative uses
available for this parcel; and (4) The incremental cost of this
parcel is reduced since the City would otherwise be acquiring
Parcel 833 .
Earlier this month we communicated to Mr. and Mrs. Woodbery a
proposal to purchase the above-referenced parcels for a total
purchase price of $108,935. 00, subject to the approval of the City
Commission. As of this date, they have not accepted the proposal.
We are recommending that the City Commission approve this offer in
an attempt to reach a voluntary purchase prior to any court
hearings. Additionally, effective October 1, 1994, attorney's fees
awarded by the Court (which are paid by the City) are based upon
the difference between the final judgment and the last written
offer made by the condemning authority before the defendant hires
an attorney.
In the event Mr. and Mrs. Woodbery do not accept this offer,
then it will be necessary to condemn Woodbery parcels. We may use
a "quick take" procedure whereby the City obtains title to the
subject property, deposits with the Court a sum equal to the
The Honorable Mayor and City Commissioners
of the City of Ocoee
October 26, 1994
Page 3
appraised value and at a later date obtains a final judicial
determination of value. Under the quick take procedure the City
becomes obligated to pay whatever value is determined in the Court
proceedings.
Attached hereto is a resolution authorizing the City of Ocoee
to acquire the Woodbery parcels by eminent domain. Upon passage of
the resolution, we intend to promptly proceed with the filing of an
eminent domain petition. Funding for the acquisition of Parcels
133, 733 and 233 will come from the Road Impact Fee Fund.
RECOMMENDATION:
It respectfully is recommended that:
(1) The City Commission approve an offer to Richard C.
Woodbery, Jr. and Louise F. Woodbery for the purchase of
Clarke Road Parcels 133, 733 and 233 for a purchase price
of $108, 935. 00 and that the City Attorney be authorized
to communicate this offer on behalf of the City
Commission; and
(2) Approve Resolution No. 94- 31 , authorizing execution
thereof by the Mayor and City Clerk and further
authorizing the City Attorney to file an eminent domain
petition pursuant to the terms of said resolution and to
take all necessary steps to acquire Clarke Road Parcels
133 , 733 and 233 through such proceedings.
PER:dh
Enclosure
C:\WPS1\DOCS\OCOfi\MEMOS\PERDDH10.261 110/26./941 DEBBIEH I PER:dh
SEC TW/ RNG I/.
4 22 28_
33-0-20
,,,war— PERMANENT . a1 �1
DRAINAGE r
EASEMENT #833 i
III e A'.
M MM.
41
REMAINDER
PARCEL #233 =
«cEc_a.RCau Imo l..c
ai
A 300
o 0
TEMPORARY ; i
CONSTRUCTION
EASEMENT #733
' I
iJ \`✓
v
I 1I I .
' TARING #133 .
�... �. �. Mme. t
c r o -- -. i t
eg
co
j ," LAKE al
U.
.....,.. ® PA RENT : ,f' $3roc.
Itl TRACT i
n - o j w
i' ® m
I ;
a..c 111.1 It
s' •
MEADO 1,) 3 ®
- ��
$ "
® i I . i
A^
ilio
M ---,' LAKE ,
iCD
,et.. HACKNEY
• :iiit M- 2 "." '
►u-s
DATE SEC TW► 1040 w
•
Itlllt POI •-IN Spit 4 28
IS �ANR[t •h1/� MN }��"�
r.
N
RRII ii .k..1•400OPIRgiTIm
( Tax Map Location
•l
RESOLUTION NO. 94-31
A RESOLUTION OF THE CITY OF OCOEE, FLORIDA,
RELATING TO THE ACQUISITION BY EMINENT DOMAIN
OF PROPERTY, INCLUDING BUT NOT LIMITED TO FEE
TITLE AND EASEMENT INTERESTS, LOCATED
GENERALLY ALONG THE PROPOSED CLARKE ROAD
EXTENSION BETWEEN A.D. MIM8 ROAD AND CLARCONA-
OCOEE ROAD; PROVIDING FOR SEVERABILITY;
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City Commission of the City of Ocoee desires
to serve the traffic needs for the future development of the City
of Ocoee; and
WHEREAS, the City Commission of the City of Ocoee has the
authority to adopt this Resolution pursuant to Article VIII of the
Constitution of the State of Florida and Chapter 166, Florida
Statutes; and
WHEREAS, the City Commission of the City of Ocoee finds
a public need and necessity exists to acquire, by eminent domain,
various interests in the lands described in Exhibit "A" attached
hereto and incorporated herein by reference; and
WHEREAS, the City Commission of the City of Ocoee finds
a public need and necessity exists to acquire the lands and other
interests described in Exhibit "A" hereto for public street/road
purposes related to the design, engineering, construction and
development of the proposed extension of Clarke Road generally
lying between A.D. Mims Road and Clarcona-Ocoee Road (the
"Project") , said street/road purposes including, but not being
limited to, the acquisition of (1) right-of-way; (2) remainder
land; and (3) a three-year temporary construction easement for the
purpose of performing upon said easement area such activities as
may be reasonably necessary in connection with the design,
engineering, construction and development of the Project, removing
all improvements, trees and shrubbery, if any, located thereon, and
tying in and harmonizing said easement area and improvements
located therein with the Project; and
WHEREAS, the City Commission of the City of Ocoee finds
that the acquisition of the said lands and various interests
therein are necessary for public safety and reasonable access to
lands within eastern Ocoee, and that the acquisition of the said
lands and various interests therein otherwise to be in the public
interests of the municipality and the people thereof; and
WHEREAS, the interests to be acquired, fee simple title
and a temporary construction easement are more particularly
described in Exhibit "A" hereto; and
WHEREAS, the City Commission of the City of Ocoee has
caused the property described in Exhibit "A" hereto to be surveyed
and has located its line or area of construction and intends in
good faith to construct the Project on or over the described
property in accordance with Section 73 . 021(6) , Florida Statutes
(1993) ; and
WHEREAS, the City Commission of the City of Ocoee finds
it is necessary for public street/road purposes that the City
acquire a fee simple interest and a temporary construction easement
on, over, across and under the property identified and described in
the attached Exhibit "A, " said acquisition being for street/road
purposes, including, but not limited to, the acquisition of
(1) right-of-way; (2) remainder land; and (3) a three-year
2
temporary construction easement for the purpose of performing upon
said easement areas such activities as are reasonably necessary in
connection with the design, engineering, construction and
development of the Project, removing all improvements, trees and
shrubbery, if any, located thereon, and tying in and harmonizing
said easement areas and improvements located therein with the
Project; and
WHEREAS, all conditions precedent to the exercise of the
power of eminent domain have been satisfied by the City of Ocoee;
and
WHEREAS, if any section, subsection, sentence, clause,
phrase or portion of this Resolution 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 hereto; and
WHEREAS, this Resolution shall become effective
immediately upon passage and adoption,
THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF OCOEE, FLORIDA, AS FOLLOWS:
Section 1. That the acquisition, by eminent domain, of
the interests indicated in the following parcels for the purposes
set forth above has been found to be, and is found and determined
to be, necessary, in the best interest of the public and for a
public use and purpose, the legal descriptions of said parcels
3
being more particularly described in Exhibit "A" attached hereto
and by this reference made a part hereof:
PARCEL NO. 133
OWNER: Richard C. Woodbery, Jr. and Louise F. Woodbery
INTEREST: Fee Simple
PARCEL NO. 733
OWNER: Richard C. Woodbery, Jr. and Louise F. Woodbery
INTEREST: Temporary Construction Easement for a term of three
years
PARCEL NO. 233
OWNER: Richard C. Woodbery, Jr. and Louise F. Woodbery
INTEREST: Fee Simple
BE IT FURTHER RESOLVED that the appropriate officers,
employees and attorneys of the City of Ocoee are authorized to
proceed forthwith to institute such necessary and proper actions
and proceedings and to comply with all legal requirements as may be
necessary or proper for the acquisition by eminent domain of the
fee simple absolute title and temporary construction easement in
the property described in attached Exhibit "A", the specific
interest to be acquired therein being further set forth above and
in the attached Exhibit "A. "
PASSED AND ADOPTED this day of November, 1994.
APPROVED:
ATTEST: CITY OF OCOEE, FLORIDA
Jean Grafton, City Clerk S. Scott Vandergrift, Mayor
(SEAL)
FOR USE AND RELIANCE ONLY BY
THE CITY OF OCOEE, FLORIDA.
APPROVED AS TO FORM AND LEGALITY
this day of November, 1994.
FOLEY & LARDNER APPROVED BY THE OCOEE CITY
COMMISSION AT A MEETING
By: HELD ON NOVEMBER , 1994
City Attorney UNDER AGENDA ITEM NO.
4
EXHIBIT A
PARCEL NO. 133
Owner: Richard C. Woodbery, Jr. and Louise F. Woodbery
Interest: Fee Simple
LEGAL DESCRIPTION
PARCEL No.133
A STRIP OF LAND BEING A PORTION OF THE WEST HALF OF THE NORTHWEST QUARTER OF
THE SOUTHEAST QUARTER. A PORTION OF THE WEST HALF OF THE SOUTHWEST QUARTER
OF THE NORTHEAST QUARTER AND A PORTION OF THE SOUTHWEST QUARTER OF THE
NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 4,TOWNSHIP 22 SOUTH,
RANGE 28 EAST, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCE AT THE SOUTHWEST CORNER OF SECTION 21, TOWNSHIP 22
SOUTH. RANGE 28 EAST FOR A POINT OF REFERENCE; THENCE, ALONG THE
SOUTH LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 21, RUN NORTH
89°50'17' EAST, 1632.88 FEET; THENCE. DEPARTING SAID SOUTH LINE, RUN
NORTH 00°11'19' WEST, 1250.07 FEET TO THE POINT OF CURVATURE OF A
CURVE CONCAVE SOUTHEASTERLY; THENCE RUN NORTHEASTERLY, ALONG
SAID CURVE HAVING A RADIUS LENGTH OF 1241.00 FEET. A CENTRAL ANGLE
OF 41°43'09", AN ARC LENGTH OF 903.62 FEET, A CHORD LENGTH OF 883.79
FEET AND A CHORD BEARING OF NORTH 20°40'16' EAST TO THE POINT OF
TANGENCY; THENCE RUN NORTH 41°31'50' EAST, 591.82 FEET TO THE POINT
OF CURVATURE OF A CURVE CONCAVE NORTHWESTERLY; THENCE RUN
NORTHEASTERLY,ALONG SAID CURVE. HAVING A RADIUS LENGTH OF 1241.00
FEET, A CENTRAL ANGLE OF 41°20'59", AN ARC LENGTH OF 895.61 FEET, A
CHORD LENGTH OF 876.30 FEET AND A CHORD BEARING OF NORTH 20°51'20'
EAST TO THE POINT OF TANGENCY; THENCE RUN NORTH 00°10'51' EAST,
5701.93 FEET TO THE POINT OF CURVATURE OF A CURVE CONCAVE TO THE
SOUTHEAST; THENCE RUN NORTHEASTERLY, ALONG SAID CURVE, HAVING A
RADIUS LENGTH OF 1909.88 FEET, A CENTRAL ANGLE OF 45°12'497, AN ARC
LENGTH OF 1507.12 FEET, A CHORD LENGTH OF 1468.31 FEET AND A CHORD
BEARING OF NORTH 22°47'15' EAST TO THE POINT OF TANGENCY; THENCE
•RUN NORTH 45° 23'39' EAST, A DISTANCE OF 300.01 FEET TO THE POINT OF
CURVATURE OF A CURVE CONCAVE TO THE NORTHWEST; THENCE RUN
NORTHEASTERLY,ALONG SAID CURVE,HAVING A RADIUS LENGTH OF 1909.86
FEET, A CENTRAL ANGLE OF 60°01'02', AN ARC LENGTH OF 2000.58 FEET,
A CHORD LENGTH OF 1910.36 FEET AND A CHORD BEARING OF NORTH
15°23'08' EAST TO THE POINT OF TANGENCY; THENCE RUN NORTH 14°
37'23' WEST, A DISTANCE OF 720.00 FEET TO THE POINT OF CURVATURE OF
A CURVE CONCAVE TO THE EAST; THENCE RUN NORTHERLY. ALONG SAID
CURVE. HAVING A RADIUS LENGTH OF 3274.04 FEET, A CENTRAL ANGLE OF
17°00'08', AN ARC LENGTH OF 971.56 FEET, A CHORD LENGTH OF 968.00
FEET AND A CHORD BEARING OF NORTH O6°07'19' WEST TO THE POINT OF
TANGENCY; THENCE RUN NORTH 02°22'45' EAST, A DISTANCE OF 239.98
FEET TO THE POINT OF CURVATURE OF A CURVE CONCAVE TO THE WEST;
THENCE RUN NORTHERLY, ALONG SAID CURVE, HAVING A RADIUS.LENGTH OF
3274.04 FEET, A CENTRAL ANGLE OF 21°09'36", AN ARC LENGTH OF 1209.14
FEET, A CHORD LENGTH OF 1202.28 FEET AND4L CI,{QRO BEARING OF NORTH
08°12'03' WEST TO 'rile POINT OF TANGENCY; THENCE RUN NORTH
18°46'51' WEST, A DISTANCE OF 239.98 FEET TO THE POINT OF CURVATURE
OF A CURVE CONCAVE TO THE NORTHEAST; THENCE RUN NORTHWESTERLY,
ALONG SAID CURVE, HAVING A RADIUS LENGTH OF 3274.05 FEET.A CENTRAL
ANGLE OF 19°56'5$., AN ARC LENGTH OF_1139.96,FEET, A CHORD LENGTH
OF 1134.21 FEET AND A CHORD BEARING OF NORTII 08°48'22' WEST TO THE
POINT OF TANGENCY; THENCE RUN NORTH 01°10'07' EAST, A DISTANCE OF
400.00 FEET TO THE POINT OF BEGINNING; SAID POINT BEING THE SOUTHEAST
CORNER OF THE WEST HALF OF THE NORTHWEST QUARTER OF THE
SOUTHEAST QUARTER OF SAID SECTION 4, TOWNSHIP 22 SOUTH, RANGE.28
EAST, THENCE RUN SOUTH 89°52'27' WEST ALONG THE SOUTH LINE OF SAID
WEST HALF OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER,
SECTION 4, TOWNSHIP 22 SOUTH. RANGE 28 EAST, 50.01 FEET; THENCE RUN
NORTH 01°10'07" EAST, 2290.97 FEET TO THE POINT OF CURVATURE OF A
CURVE CONCAVE TO THE SOUTHWEST;THENCE RUN NORTHWESTERLY.ALONG
SAID CURVE, HAVING A RADIUS LENGTH OF 1859.86 FEET, A CENTRAL ANGLE
OF 24°36'13', AN ARC LENGTH OF 798.65 FEET, A CHORD LENGTH OF
792.53 FEET AND A CHORD BEARING OF NORTH 11°08'00' WEST TO THE
POINT OF TANGENCY; THENCE RUN NORTH 23°26'06' WEST. 277.85 FEET TO
A POINT ON THE NORTH LINE OF THE SOUTHWEST QUARTER OF THE
NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION 4;
THENCE,ALONG SAID NORTH LINE.RUN NORTH 89°50'46' EAST, 108.86 FEET;
THENCE RUN:SOUTH 23°26'06' EAST 234.82 FEET TO TIME POINT OF
CURVATURE OF A CURVE CONCAVE TO THE SOUTHWEST; THENCE RUN
SOUTHEASTERLY ALONG SAID CURVE. HAVING A RADIUS LENGTH OF 1959.86
FEET, A CENTRAL ANGLE OF 11°37'22% AN ARC LENGTH OF 397.57 FEET, A
CHORD LENGTH OF 396.88 FEET AND A CHORD BEARING OF SOUTH 17°37'25'
EAST TO A POINT LYING ON THE EAST LINE OF THE SOUTHWEST QUARTER
OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER, SAID SECTION
4; THENCE RUN SOUTH 01°10'07' WEST, ALONG SAID EAST LINE AND ALSO
ALONG THE EAST LINE OF THE WEST HALF OF THE SOUTHWEST QUARTER OF
THE NORTHEAST QUARTER AND THE EAST LINE OF THE WEST HALF OF THE
NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 4,
2738.08 FEET TO THE POINT OF BEGINNING. .,h
THE ABOVE DESCRIBED STRIP OF LAND LIES IN ORANGE COUNTY, FLORIDA AND CONTAINS
4.769 ACRES. MORE OR LESS.
Page 1 of 6
OTHER INTERESTS:
That certain mortgage dated July 30, 1968 in favor of Central
Florida Production Credit Association recorded in Orange
County Official Records Book 1754, Page 56.
That certain mortgage dated December 10, 1973 in favor of
Central Florida Production Credit Association recorded in
Orange County Official Records Book 2483 , Page 428.
That certain mortgage dated April 8, 1974 in favor of Central
Florida Production Credit Association recorded in Orange
County Official Records Book 2519, Page 933 .
Page 2 of 6
1'i .Z111311: A
PARCEL NO. 733
Owner: Richard C. Woodbery, Jr. and Louise F. Woodbery
Interest: Temporary Construction Easement for a term of three
years
LEGAL DESCRIPTION
TEMPORARY CONSTRUCTION EASEMENT
PARCEL No.733
A STRIP OF LAND BEING A PORTION OF THE EAST HALF OF SECTION 4, TOWNSHIP 22
SOUTH, RANGE 28 EAST, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
TEMPORARY CONSTRUCTION EASEMENT'
COMMENCE AT THE SOUTHWEST CORNER OF SECTION 21, TOWNSHIP 22
SOUTH, RANGE 28 EAST FOR A POINT OF REFERENCE; THENCE, ALONG THE
SOUTH LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 21, RUN NORTH
89°50'17" EAST, 1832.88 FEET; THENCE. DEPARTING SAID SOUTH LINE, RUN
NORTH 00°11'19' WEST, 1250.07 FEET TO THE POINT OF CURVATURE OF A
CURVE CONCAVE SOUTHEASTERLY; THENCE RUN NORTHEASTERLY, ALONG
SAID CURVE HAVING A RADIUS LENGTH OF 1241.00 FEET, A CENTRAL ANGLE
OF 41°43'09", AN ARC LENGTH OF 903.62 FEET, A CHORD LENGTH OF 883.79
FEET AND A CHORD BEARING OF NORTH 20°40'16' EAST TO THE POINT OF
TANGENCY; THENCE RUN NORTH 41°31'50" EAST, 591.82 FEET TO THE POINT
OF CURVATURE OF A CURVE CONCAVE NORTHWESTERLY; THENCE RUN
NORTHEASTERLY. ALONG SAID CURVE.HAVING A RADIUS LENGTH OF 1241.00
FEET. A CENTRAL ANGLE OF 41°20'59". AN ARC LENGTH OF 895.61 FEET. A
CHORD LENGTH OF 878.30 FEET AND A CHORD BEARING OF NORTH 20°51'20'
EAST TO THE POINT OF TANGENCY; THENCE RUN NORTH 00°10'51' EAST,
5701.93 FEET TO THE POINT OF CURVATURE OF A CURVE CONCAVE TO THE
SOUTHEAST; THENCE RUN NORTHEASTERLY, ALONG SAID CURVE, HAVING A
RADIUS LENGTH OF 1909.86 FEET, A CENTRAL ANGLE OF 45°12'49', AN ARC
LENGTH OF 1507.12 FEET, A CHORD LENGTH OF 1468.31 FEET AND A CHORD
BEARING OF NORTH 22°47'15' EAST TO THE POINT OF TANGENCY, THENCE
RUN NORTH 45° 23'39' EAST, A DISTANCE OF 300.01 FEET TO THE POINT OF
CURVATURE OF A CURVE CONCAVE TO THE NORTHWEST; THENCE RUN
NORTHEASTERLY,ALONG SAID CURVE,HAVING A RADIUS LENGTH OF 1909.86
FEET, A CENTRAL ANGLE OF 60°01'02', AN ARC LENGTH OF 2000.58 FEET.
A CHORD LENGTH OF 1910.36 FEET AND A CHORD BEARING OF NORTH
15°23'08' EAST TO THE POINT OF TANGENCY; THENCE RUN NORTH 14°
37'23' WEST. A DISTANCE OF 720.00 FEET TO THE POINT OF CURVATURE OF
A CURVE CONCAVE TO THE EAST; THENCE RUN NORTHERLY, ALONG SAID.
CURVE, HAVING A RADIUS LENGTH OF 3274.04 FEET. A CENTRAL ANGLE OF
17°00'08', AN ARC LENGTH OF 971.56 FEET. A CHORD LENGTH OF 968.00
FEET AND A CHORD BEARING OF NORTH 0G°07'19' WEST TO TME POINT OF
TANGENCY; THENCE RUN NORTH 02°22'45' EAST, A DISTANCE OF 239.98
FEET TO THE POINT OF CURVATURE OF A CURVE CONCAVE TO THE WEST;
THENCE RUN NORTHERLY, ALONG SAID CURVE, HAVING A RADIUS LENGTH OF
3274.04 FEET,A CENTRAL ANGLE OF 21°09'36', AN ARC LENGTH OF 1209.14
FEET, A CHORD LENGTH OF 1202.28 FEET AND A CHORD BEARING OF NORTH
08°12'03' WEST TO THE POINT OF TANGENCY; THENCE RUN NORTH
18°46'51' WEST, A DISTANCE OF 239.98 FEET'FEET YU To POINT OF CURVATURE -
OF A CURVE CONCAVE TO THE NORTHEAST; THENCE RUN NORTHWESTERLY,
ALONG SAID CURVE, HAVING A RADIUS LENGTH OF 3274.05 FEET,A CENTRAL
ANGLE OF 19°56'58', AN ARC LENGTH OF 1139.96 FEET, A CHORD LENGTH
OF 1134.21 FEET AND A CHORD BEARING OF NORTH 08°48'22' WEST TO THE
"""' POINT"OF'TANGENC ;" THENCE RUN'NORTH'01°10'07' EAST A"DISTANCE OF
400.00 FEET, TO THE SOUTHEAST CORNER OF THE WEST HALF OF THE
NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 4.
TOWNSHIP 22 SOUTH, RANGE 28 EAST;THENCE RUN SOUTH 89°52'27' WEST
ALONG THE SOUTH LINE OF SAID WEST HALF OF THE NORTHWEST QUARTER
OF THE SOUTHEAST QUARTER OF SAID SECTION 4, 50.01 FEET TO THE POINT
OF BEGINNING; THENCE CONTINUE SOUTH 89°52'27' WEST ALONG SAID
SOUTH LINE, 20.00 FEET;THENCE RUN NORTH 01°10'07' EAST, 2299.42 FEET
TO THE POINT OF CURVATURE OF A CURVE CONCAVE TO THE SOUTHWEST;
THENCE RUN NORTHWESTERLY, ALONG SAID CURVE, HAVING A RADIUS
LENGTH OF 1839.86 FEET, A CENTRAL ANGLE OF 24°36'13', AN ARC LENGTH
OF 790.06 FEET, A CHORD LENGTH OF 784.01 FEET AND A CHORD BEARING
OF NORTH 11°08'00' WEST TO THE POINT OF TANGENCY; THENCE RUN
NORTH 23°26'06' WEST, 288.45 FEET TO A POINT LYING ON THE NORTH UNE
OF THE SOUTHWEST QUARTER, OF'THE NORTHWEST QUARTER, OF THE
NORTHEAST QUARTER OF SAID SECTION 4; THENCE ALONG SAID NORTH UNE,
RUN NORTH 89°50'46' EAST 21.77 FEET; THENCE RUN SOUTH 23°26'06'
EAST 277.85•FEET TO THE POINT OF CURVATURE OF A CURVE CONCAVE TO
THE SOUTHWEST;THENCE RUN SOUTHEASTERLY ALONG SAID CURVE,HAVING
A RADIUS LENGTH OF 1859.86 FEET, A CENTRAL ANGLE OF 24°36'13', AN
ARC LENGTH OF 798.65 FEET, A CHORD LENGTH OF 792.53 FEET AND A.
CHORD BEARING OF SOUTH 11°08'00" EAST TO THE POINT OF TANGENCY;
THENCE RUN SOUTH 01°10'07' WEST, 2298.97 FEET TO THE POINT OF
BEGINNING.
THE ABOVE DESCRIBED TRACT OF LAND LIES IN ORANGE COUNTY, FLORIDA AND CONTAINS
1.550 ACRES, MORE OR LESS.
Page 3 of 6
OTHER INTERESTS:
That certain mortgage dated July 30, 1968 in favor of Central
Florida Production Credit Association recorded in Orange
County Official Records Book 1754, Page 56.
That certain mortgage dated December 10, 1973 in favor of
Central Florida Production Credit Association recorded in
Orange County Official Records Book 2483, Page 428.
That certain mortgage dated April 8, 1974 in favor of Central
Florida Production Credit Association recorded in Orange
County Official Records Book 2519, Page 933 .
Page 4 of 6
EXHIBIT A
PARCEL NO. 233
Owner: Richard C. Woodbery, Jr. and Louise F. Woodbery
Interest: Fee Simple
LEGAL DESCRIPTION
PARCEL No.233
A PARCEL OF LAND BEING A PORTION OF THE SOUTHWEST QUARTER OF THE NORTHWEST
QUARTER OF THE NORTHEAST QUARTER OF SECTION 4, TOWNSHIP 22 SOUTH, RANGE 28
EAST BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCE AT THE SOUTHWEST CORNER OF SECTION 21, TOWNSHIP 22
SOUTH. RANGE 28 EAST FOR A POINT OF REFERENCE; THENCE. ALONG THE
SOUTH LINE OF THE SOUTHWEST OUARTER OF SAID SECTION 21, RUN NORTH
89°50'17' EAST, 1632.88 FEET; THENCE, DEPARTING SAID SOUTH LINE. RUN
NORTH 00'11'19; WEST. 1250.07 FEET TO THE POINT OF CURVATURE OF A
• CURVE CONCAVE SOUTHEASTERLY; THENCE RUN NORTHEASTERLY. ALONG
SAID CURVE ti,,VING A RADIUS LENGTH OF 1241.00 FEET, A CENTRAL ANGLE
OF 41°43'09',AN ARC LENGTH OF 903.62 FEET, A CHORD LENGTH OF 883.79
FEET AND A CHORD BEARING OF NORTH 20°40'16' EAST TO THE POINT OF
TANGENCY;THENCE RUN NORTH 41°31'50' EAST. 591.82 FEET TO THE POINT
OF CURVATURE OF A CURVE CONCAVE NORTHWESTERLY; THENCE RUN
NORTHEASTERLY,ALONG SAID CURVE.HAVING A RADIUS LENGTH OF 1241.00
FEET. A CENTRAL ANGLE OF 41°20'59% AN ARC LENGTH OF 895.61 FEET, A
CHORD LENGTH OF 876.30 FEET AND A CHORD BEARING OF NORTH 20°51'20'
EAST TO THE POINT OF TANGENCY; THENCE RUN NORTH 00°10'51' EAST,
5701.93 FEET TO THE POINT OF CURVATURE OF A CURVE CONCAVE TO THE
SOUTHEAST; THENCE RUN NORTHEASTERLY. ALONG SAID CURVE. HAVING A
RADIUS LENGTH OF 1909.86 FEET. A CENTRAL ANGLE OF 45°12'49, AN ARC
LENGTH OF 1507.12 FEET. A CHORD LENGTH OF 1468.31 FEET AND A CHORD
BEARING OF NORTH 22°47'15' EAST TO THE POINT OF TANGENCY. THENCE
RUN NORTH 45° 23'39' EAST.A DISTANCE OF 300.01 FEET TO THE POINT OF
CURVATURE OF A CURVE,CONCAVE TO THEOINORWIWEST; THENCE RUN
NORTHEASTERLY.ALONG SAID CURVE.HAVING A RADIUS LENGTH OF 1909.86
FEET, A CENTRAL ANGLE OF 60°01'02'. AN ARC LENGTH OF 2000.58 FEET,
A CHORD LENGTH OF 1910.36 FEET AND A CHORD BEARING OF NORTH
15°23'08' EAST TO THE POINT OF TANGENCY; THENCE RUN NORTH 14°
....., . 37'23'.WEST„A'DL$TANCE OF 720.00 FEET TO THE pQINT OF CURVATURE OF
A CURVE CONCAVE TO THE EAST: THENCE RUN NORTHERLY, ALONG SAID
CURVE. HAVING A RADIUS LENGTH OF 3274.04 FEET, A CENTRAL ANGLE OF
17°00'08', AN ARC LENGTH OF 971.56 FEET, A CHORD LENGTH OF 968.00
FEET AND A CHORD BEARING OF NORTH O6°07'19' WEST TO THE POINT OF
TANGENCY; THENCE RUN NORTH 02°22'45' EAST. A DISTANCE OF 239.98
FEET TO THE POINT OF CURVATURE OF A CURVE CONCAVE TO THE WEST; '
THENCE RUN NORTHERLY. ALONG SAID CURVE, HAVING A RADIUS LENGTH OF
3274.04 FEET.A CENTRAL ANGLE OF 21°09'36', AN ARC LENGTH OF 1209.14
FEET, A CHORD LENGTH OF 1202.28 FEET AND A CHORD BEARING OF NORTH
08°12'03' WEST TO THE POINT OF TANGENCY: THENCE RUN NORTH
18°46'51' WEST. A DISTANCE OF 239.98 FEET TO THE POINT OF CURVATURE
OF A CURVE CONCAVE TO THE NORTHEAST; THENCE RUN NORTHWESTERLY,
ALONG SAID CURVE. HAVING A RADIUS LENGTH OF 3274.05 FEET,A CENTRAL
ANGLE OF 19°56'58', AN ARC LENGTH OF 1139.98 FEET. A CHORD LENGTH
OF 1134.21 FEET AND A CHORD BEARING OF NORTH 08°48'22' WEST TO THE
POINT OF TANGENCY;THENCE RUN NORTH 01°10'07' EAST. 3138.08 FEET TO
THE POINT OF BEGINNING, SAID POINT LYING ON A NON-TANGENT CURVE
CONCAVE SOUTHWESTERLY; THENCE RUN NORTHWESTERLY ALONG SAID
CURVE. HAVING A RADIUS LENGTH OF 1959.86 FEET. A CENTRAL ANGLE OF
11°37'22', AN ARC LENGTH OF 397.57 FEET. A CHORD LENGTH OF 396.88
FEET AND A CHORD BEARING OF NORTH 17°3D25' WEST TO THE POINT OF
TANGENCY; THENCE RUN NORTH 23°26'06' WEST. 234.82 FEET TO A POINT
LYING ON THE NORTH LINE OF THE SOUTHWEST QUARTER OF THE NORTH-
WEST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION 4; THENCE
RUN NORTH 89°50'46' EAST, ALONG SAID NORTH LINE. 225.66 FEET TO THE
NORTHEAST CORNER OF THE SOUTHWEST QUARTER OF THE NORTHWEST
QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION 4; THENCE RUN
SOUTH 01°10'07' WEST, ALONG THE EAST LINE OF SAID SOUTHWEST •
OUARTER OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF
SECTION 4, ,' 594.44 FEET TO THE POINT OF BEGINNING.
14 ,
THE ABOVE DESCRIBED STRIP OF LAND LIES IN ORANGE COUNTY. FLORIDA ANO CONTAINS
1.370 ACRES, MORE OR LESS.
Page 5 of 6
OTHER INTERESTS:
That certain mortgage dated July 30, 1968 in favor of Central
Florida Production Credit Association recorded in Orange
County Official Records Book 1754, Page 56.
That certain mortgage dated December 10, 1973 in favor of
Central Florida Production Credit Association recorded in
Orange County Official Records Book 2483, Page 428.
That certain mortgage dated April 8, 1974 in favor of Central
Florida Production Credit Association recorded in Orange
County Official Records Book 2519, Page 933 .
Page 6 of 6