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Item 05 Approval of Right-of-Way Vacation and Dedication Agreement Between the City of Ocoee and Ocoee Development IV, LLC for a Portion of N. Lakewood Avenue ' 4.$401r ocoee florida AGENDA ITEM COVER SHEET Meeting Date: January 04, 2022 Item # OS- Reviewed By: Contact Name: Michael Rumer Department Director: Contact Number: 407-554-7083 City Manager: Subject: Approval of the Right-of-Way Vacation (ROW) and Dedication Agreement Between City of Ocoee and Ocoee Development IV, LLC for a portion of N Lakewood Ave. Background Summary: The Ocoee Village Center PUD development will realign N. Lakewood Ave. from Fullers Cross Road to the existing intersection at Clarcona Ocoee Road. Once the realignment is completed and approved by Ocoee for operation, the Developer for Ocoee Village Center (Ocoee Development IV, LLC) will request to vacate the remaining old portion of N. Lakewood Avenue under the City's ROW Vacate Process. Currently, the existing ROW for a portion of N. Lakewood Ave. contains Central Florida Expressway (CFX) property on both sides. In order for Ocoee Development IV, LLC, to obtain ownership of both the vacated ROW and the two portions of land owned by CFX, a transfer of land via sale from CFX is required. The CFX process to purchase land has to go through several committees and eventual Board approval and can take a long time. The process to purchase the land from CFX can be started early by Ocoee Development IV, LLC, entering into an agreement with the City of Ocoee which states the City is agreeable to process a ROW Vacate at a later date once all conditions are met. The Agreement does not require the City to vacate said land, only to process the vacate based on City requirements. Upon City Commission approval, the executed Agreement will enable the CFX staff to schedule the land before the necessary committees for sale to Ocoee Development IV, LLC, which will help the timing of the vacates and eventual redevelopment of land into one larger parcel. Issue: Request the Honorable Mayor and City Commission approve the Right-of-Way Vacation and Dedication Agreement between the City of Ocoee and Ocoee Development IV, LLC for a portion of N. Lakewood Avenue? Recommendations: Staff recommends the Honorable Mayor and City Commission approve the Right-of-Way Vacation and Dedication Agreement between the City of Ocoee and Ocoee Development IV, LLC for a portion of N. Lakewood Avenue. Attachments: Right-of-Way Vacation and Dedication Agreement Financial Impact: No financial obligation with respect to the vacation of this section of road. Type of Item: (please mark with an x') Public Hearing For Clerk's Dept Use: Ordinance First Reading Consent Agenda Ordinance Second Reading Public Hearing Resolution _Regular Agenda. _ x Commission Approval Discussion&Direction Original Document/Contract Attached for Execution by City Clerk Original Document/Contract Held by Department for Execution Reviewed by City Attorney N/A Reviewed by Finance Dept. N/A Reviewed by ( ) N/A 2 THIS INSTRUMENT PREPARED BY: Stephen V.Hoffman,Esq. Olive Judd,P.A. 2426 East Las Olas Boulevard Fort Lauderdale,Florida 33301 AFTER RECORDING RETURN TO: City Clerk CITY OF OCOEE 150 N.Lakeshore Drive Ocoee,FL 34761 For Recording Purposes Only (407)656-2322 RIGHT-OF-WAY VACATION AND DEDICATION AGREEMENT BETWEEN OCOEE DEVELOPMENT IV,LLC AND AND CITY OF OCOEE,FLORIDA (North Lakewood Avenue) THIS RIGHT-OF-WAY TRANSFER AGREEMENT("Agreement")is made and entered into on the last date of execution below by and between the CITY OF OCOEE, a Florida municipal corporation, whose address is 150 North Lakeshore Drive, Ocoee, Florida 34761 ("City") and OCOEE DEVELOPMENT,IV,LLC,a Florida limited liability company,whose address is 246 North Westmonte Drive, Altamonte Springs, Florida 34727 ("Developer"). City and Developer are sometimes collectively referred to herein as the"Parties." WITNESSETH: WHEREAS, the Developer is developing a mixed use project on certain lands located in Orange County, Florida, and within the corporate limits of the City of Ocoee, Florida, known as Ocoee Village Center pursuant to agreements and plans approved and to be approved by the City, including that certain Development Agreement for Ocoee Village Center recorded February 4, 2021 in Official Records Document No. 20210068654 of the public records of Orange County,Florida; and WHEREAS, in the course of the construction of Ocoee Village Center, Developer is making certain improvements to Lakewood Avenue;and, WHEREAS, the improvements to be made to Lakewood Avenue by Developer requires the realignment of the right of way onto property owned by Developer; and, WHEREAS, Developer intends to construct roadway improvements for the realignment of Lakewood Avenue and dedicate such improvements and underlying land as the right of way to the City as part of the Ocoee Village Center Plat, such new roadway being as depicted and described in Exhibit"A" attached hereto(the"Dedicated Lakewood Avenue Segment");and, WHEREAS, upon completion and dedication of the Dedicated Lakewood Avenue Segment,that certain portion of right of way for Lakewood Avenue as depicted and described in Exhibit"B" attached hereto (the "Vacated Lakewood Avenue Segment") will no longer be required for public right of way purposes and Developer desires to obtain the Vacated Lakewood Avenue Segment to mitigate the impact on the Ocoee Village Center project with the dedication of the Dedicated Lakewood Avenue Segment;and, WHEREAS, subject to the terms of this Agreement, rather than exercising the power of eminent domain to acquire from Developer the right of way necessary for the Dedicated Lakewood Avenue Segment, Developer and City agree to proceed as follows: Developer shall construct the roadway improvements and transfer and dedicate the Dedicated Lakewood Avenue Segment by the recordation of the Ocoee Village Center Plat in exchange for the City vacating the Vacated Lakewood Avenue Segment as more fully set forth in this Agreement. NOW THEREFORE, for and in consideration of the mutual agreements herein and other good and valuable consideration, the receipt, adequacy, and sufficiency of which are hereby expressly acknowledged, City and Developer agree as follows: 1. Recital. The above recitals are true and correct and form a material part of this Agreement and are incorporated herein by reference. 2. Vacation of Vacated Lakewood Avenue Segment. In exchange for the Developer's completion of the roadway improvements and dedication of the Dedicated Lakewood Avenue Segment, City agrees to process a vacation of right of way application and take such steps as are reasonably required in order to vacate the Vacated Lakewood Avenue Segment. Notwithstanding the foregoing,the City shall be under no obligation to finalize the vacation of the Vacated Lakewood Avenue Segment prior to Developer's completion of, and the City's acceptance of for right of way purposes, the roadway improvements and the dedication of the Dedicated Lakewood Avenue Segment as public right of way in connection with the recording of the Ocoee Village Center Plat. Developer, at Developer's sole cost and expense,shall obtain such consents from utility providers and take such actions as are required of applicants submitting for the vacation of right of way in the City of Ocoee. The City agrees to keep Developer reasonably informed as to the vacation of the Vacated Lakewood Avenue Segment. While the City agrees to proceed with the Vacated Lakewood Avenue Segment in an expeditious manner, the City makes no guaranty,representation or warranty on the timing for the final vacation of the Vacated Lakewood Avenue Segment nor does the City make any guaranty,representation or warranty that upon vacation of the Vacated Lakewood Avenue Segment that such vacated area will vest title in Developer. The City's vacation of the Vacated Lakewood Avenue Segment is the only consideration due and owing for the construction and dedication of the Dedicated Lakewood Avenue Segment;no payment or impact fee credits shall be payable in connection with the same. 3. Dedicated Lakewood Avenue Segment. In exchange for the City's vacation of the Vacated Lakewood Avenue Segment,Developer,at Developer's sole cost and expense, shall construct the roadway improvements within the Dedicated Lakewood Avenue Segment pursuant to the Construction Plans dated February 8, 2019 prepared by Wohlfarth Consulting Group, LLC, Project No.2018-017 and upon completion of, and the City's acceptance of for right of way purposes,the roadway improvements as part of the Dedicated Lakewood Avenue Segment will be dedicated as public right of way in connection with the recording of the Ocoee Village Center Plat. The Developer agrees to keep City reasonably informed as to the construction and dedication of the Dedicated Lakewood Avenue Segment. While the Developer agrees to proceed with the construction of the roadway improvements and dedication of the Dedicated Lakewood Avenue Segment in an expeditious manner, the Developer makes not guaranty, representation or warranty on the timing for the dedication of the Dedicated Lakewood Avenue Segment. 4. Notices. Any notices which may be permitted or required hereunder shall be in writing and shall be deemed to have been duly given as of the date and time the same are personally delivered or within three(3) days after depositing with the United States Postal Service, postage prepaid by registered or certified mail, return receipt requested, or within one (1) day after depositing with Federal Express or. other overnight delivery service from which a receipt may be obtained, and addressed as follows: Developer: Ocoee Development IV,LLC 246 North Westmonte Drive Altamonte Springs,Florida Attention: Richard Wohlfarth With a copy to: Olive Judd,P.A. 2426 East Las Olas Boulevard Fort Lauderdale,Florida 33301 Attention: Stephen Hoffman,Esq. City: City of Ocoee,Florida 150 North Lakeshore Drive Ocoee,Florida 34761 Attn: City Manager With a copy to: Shuffield,Lowman&Wilson,P.A. 1000 Legion Place, Suite 1700 Orlando,FL 32801 Attention: Scott A. Cookson,Esq., City Attorney or to such other address as either party hereto shall from time to time designate to the other party by notice in writing as herein provided. The attorneys for the parties set forth herein may deliver and receive notices on behalf of their clients. 5. Default. In the event either of the Parties breaches any warranty or representation contained in this Agreement or fails to comply with or perform any of the conditions to be complied with or any-of the covenants, agreements, or obligations to be performed by said party under the terms and provisions of this Agreement,the other party, in its sole discretion, and after thirty(30) days prior written notice and opportunity to cure, shall be entitled to: (i)exercise any and all rights and remedies available to said party at law and in equity, including, without limitation, the right of specific performance, or (ii) terminate this Agreement,whereupon the Agreement shall be deemed null and void and of no further force and effect, and no party hereto shall have any further rights, obligations, or liability hereunder. Upon any such termination,this Agreement and all rights and obligations created hereunder shall be deemed null and void and of no further force or effect. 6. General Provisions. No failure of either party to exercise any power given hereunder or to insist upon strict compliance with any obligation specified herein, and no custom or practice at variance with the terms hereof,shall constitute a waiver of either parry's right to demand exact compliance with the terms hereof. This Agreement contains the entire agreement of the Parties hereto, and no representations, inducements,promises,or agreements, oral or otherwise,between the Parties not embodied herein shall be of any force or effect. Any amendment to this Agreement shall not be binding upon any of the Parties hereto unless such amendmentis in writing and executed by both Parties. Wherever under the terms and provisions of this Agreement the time for performance falls upon a Saturday,Sunday,or legal holiday,such time for performance shall be extended to the next business day. This Agreement may be executed in multiple counterparts,including by electronic(including digital)signature in compliance with Chapter 668, Florida Statutes, each of which shall constitute an original, but all of which taken together shall constitute one and the same agreement. The headings inserted at the beginning of each paragraph of this Agreement are for convenience only,and do not add to or subtract from the meaning of the contents of each paragraph. Developer and City do hereby agree that such documents as may be legally necessary or otherwise appropriate to carry out the terms of this Agreement shall be executed and delivered by each party at or prior to Closing. This Agreement shall be interpreted under the laws of the State of Florida. The Parties hereto agree that the exclusive venue and jurisdiction for any legal action authorized hereunder shall be in the courts of Orange County,Florida.TIME IS OF THE ESSENCE OF THIS AGREEMENT AND EACH AND EVERY PROVISION HEREOF. 7. Successors and Assigns. This Agreement shall be binding upon and inure to the benefit of the Parties hereto and their successors and assigns. 8. Survival of Provisions. All representations and warranties set forth in this Agreement shall survive the Closing and shall survive the execution or delivery of any and all deeds and other documents at any time executed or delivered under,pursuant to, or by reason of this Agreement, and shall survive the payment of all monies made under,pursuant to, or by reason of this Agreement. 9. Severability. This Agreement is intended to be performed in accordance with, and only to the extent permitted by, all applicable laws, ordinances, rules, and regulations. If any provision of this Agreement or the application thereof to any person or circumstance shall,for any reason and to any extent, be invalid or unenforceable,the remainder of this Agreement and the application of such provision to other persons or circumstances shall not be affected thereby but rather shall be enforced to the greatest extent permitted by law. 10. Effective Date. This Agreement shall be and become effective on the date that it is signed and executed by the last to sign of City and Developer("Effective Date"). IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be executed in a manner and form sufficient to bind them on the date set forth herein below. [SIGNATURES TO FOLLOW] "CITY" CITY OF OCOEE,a Florida municipal corporation By: RUSTY JOHNSON Mayor Date: Attest: Melanie Sibbitt, City Clerk Date: FOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE,FLORIDA; APPROVED APPROVED BY THE OCOEE CITY AS TO FORM AND LEGALITY this day COMMISSION AT A MEETING HELD ON of ,202 . 202_UNDER AGENDA ITEM NO. SHUFFIELD,LOWMAN&WILSON,P.A. • By: City Attorney STATE OF FLORIDA ) COUNTY OF ORANGE ) STATE OF FLORIDA ) COUNTY OF ) The foregoing instrument was acknowledged before me this day of , 202_, by means of physical presence[ ] or remote notarization[ ]by as the Mayor of the City of Ocoee,on behalf of the City.He is personally known to me OR produced as identification. NOTARY PUBLIC Signature of Notary Public-State of Florida Print Name: Commission No.: My Commission Expires: [ADDITIONAL SIGNATURE PAGE TO FOLLOW] WITNESSES: "DEVELOPER" OCOEE DEVELOPMENT IV,LLC, a Florida limited liability company By: Print Name: Stephen V.Hoffman,Manager Date: Print Name: STATE OF FLORIDA ) ) §§ COUNTY OF ) On this day of ,202_,before me,the undersigned notary public in and for said County and State, personally appeared before me by means of physical presence [ ] or online notarization[ ] Stephen V.Hoffman,Manager of OCOEE DEVELOPMENT IV,LLC,a Florida limited liability company,who is [ ]personally known or[ ] provided as identification and did/did not take an oath. WITNESS my hand and notarial seal subscribed and affixed in said county and state,the day and year in this certificate above written. NOTARY PUBLIC My Commission Expires: EXHIBIT"A" Description and Depiction of the Dedicated-Lakewood Avenue Segment WOHLFARTH CONSULTING • . UIInUp GROUP U I �1�UtEE3t3,PLANNERS • j MO UEYELOPMENT 6 246 T9.'dfESTMONTE DRIVE. ENGI1tt11NGSrflNCES ALTAMa1rTESPA]NGS.FLORIIDA3271c t407t 750-3123 CERTIFICATE OF AUTHORIZATION NO_L 5214 • SKETCH AND DESCRIPTION ONLY (NOTA SURVEY) EXHIBIT 26 PROPOSED RIGHT-OF-WAY • NORTH LAKEWOOD AVENUE DESCRIPTION: REALIGNMENT A Portion of the Southwest 1/4 of Section 5, Township 22 South, Range 28 cast, Orange Count}: ,FJaddc, being more particular!),described es follows: COMMENCE at the Southwest comer of the Southwest 1/4 of said Section 5: thence North 69'44'04"East along the South line of said Southwest i/4, a distance of 1,314.82 feet to the Sooiheast corner of the Southwest i/4 of the Southwest 1/4 of said Section 5; Thence North 06'17'43"East along the East-line of the Southwest 1/4 of the Southwest 1/4 of said Section 5, a distance of 1,054.85 feet to the.POINT OF BEGINNING; thence deporting from said East tine run North 89'1322" West, a distance of 158.58 feet to a • point of curvature of a curve concave to the North; thence Westerly along said curve having a radius of 1,735.41 feet, a central angle of 20'04'43" far an arc distance of 606.15 feet; thence.South 73'05'4 f" West along a non—tangent line, a distance of 30.62 feet to a point on the arc of a non—tangent curie • concave to the Northwest, the radius point of which bears North 54'40?lO" West;•thence Sourhwesterfr- along said curve having a radius of 1,090.00 feet a central angle of 17'41'49' for on arc distance of 308.87 feet fie a point of reverse curvature of a curve concave to the Southeast; thence Southwesterly along said curve having a radius of 75O,t0) feet, a central angle of 35'O7'007" for an arc distance of — 459.70 feet to a paint on the East boundary of Parcel 62-161 Right—of—Way '8 as described in Stipulated `'. . Order of Taking recorded in Official Record Rook 546f, Page 2341, of the Public Records of Orange County, w . . Florida; thence North OO'.53 OO West along said East boundary, being non—tangent to the-lost described curie, a distance of 18.3,87 feet; thence departing from said East boundary-run South 59' 6'i3" East, a • distance of 6,ee feet to a point on the arc of a non—tangent curve concave to the Southeast the . radius point of which bears South 59'56'!3" East' thence Northeasterly along said cave.haying a radius of 786;00 feet, a central angle -of 16'25'03" for an arc distance of 225.22 feet; thence North 03'14'53" . East along a non—tangent line, a distance of 34.25 feet; thence North 39'59'65" West, a distance of 94.55 feet to a point of curvature of a curve concave to the Southwest; thence North westerly-along = (Continued on .;beet 2 of 3) • M . NOTES:- • • u_ 0 I. UMLESSs IT FEARS THE OGNATURE AND TIE aeon tL RAISED SEAL PRODECT"NAME OCOEEVVLL.AGE OF A FLORIDA LICENSED SuRnEYYIR AND MAPPER-MIS ORA'AING, L© �OTB Crypt County,Florida_`tREFQ1_PLAT CR PAP E FUR IAFORNATISNAL PURPOSES.atlL'r AND IS - - . NOT'LAUD.AEDITICNS CR DELETIONS ID SLY NAPS Si REPORTS DY L OTTER THAN THE SI•',Nr G PARTY CR F1RTIES 15 FHOHRf9E0 'MTHOJT w . 'M10TEV.CONSENT CF THE SEINING PARTY OR PARTIES.. _ 2. LANDS SHOWN HESSECN?ERE NOT ARSTRA'TED BY'XOHFARIYI CERTIFICATION: CONSuLTTvO"GTOU?LLB FOR EASEMENTS MID HICHrs-OF=wAY CF I IERE2Y CERTIFY THAT TIE ATTAINED SRETL14 AND oE.,"RIPT12N IS 1RLE RECORD. AND CORRECT TO TIE REST Cf MY KI CR1.EDCE AND BELIEF ANO THAT IT F5 P Oy O.5. DATA:HORN HE�Eti•N WAS GO41F1LD FrOn-ER INSTF'JUERT� NESTS THE STANDARDS OF PRACTICE SET FORTH 0Y THE FLCRCIA BOARD • AND DOES NOT CCNSTITLZE A FIELD S ) . Cf FHCfEOSICISA1 7JR4EYC:R5 ANJ NAt'PE15 IN ITIAPIER 0 97,FLCRDI. NININISTR4TIDE 007E O • U4LFARTH O 4_ EESRI'CS AF£?AEl ON TIE VEST LINE CO THE SOJTHNET Y/A - Y OF SECTION 5.TTrwrORP 22 SOLrIH,RA\IOE 28 EAST.CRAN;CE C:IJNTY, WOIOR THE 14 FLORIDA,SAID R LINE HAVIVO AN Assua])REAPING C4 O.v9JL11nO GROUP L.I.G H. 'NORTH(q'SY'Cv`'AEST O . N 5. AtIiFARTH CCV.JLll'.0 GIMP LLC CERTIFICATE CF AUTHOFI£ATION NO.LE.8214 1s ISSUED BY TIE FLCRI]A CE"A5111E'R CF A1210JLTURE AND CONSh,NER sER,I;ES. P,iLSCN E. WAY, P.S.M. . `~w' REVISIONS DATE BY PROFESSIONAL SUR'.£YOR and MAPPER 42585 STATE CF FLORI)A 0 . . DATE; DRAWN CHECKED FIELD 4 O3 i 9 By BF - BY' WIN BOCK N/A . • WOHLFARTH CONSULMG pGROUP LLI I ENGINEERS,'PLANNERS'PLANNERSERfRS •1 :111 •1 ULAND UI:kELORIPIT.S 246 N.WESTMONTE DRIVE _A II utiriE1'ftl11Gvo41C[5 ALTAMONTESPRiNGS,FLORIDA 32714 . • (407)750-3123 CERTIFICATE OfAUTFIORIZAT10N NO.L8e214 - SKETCH AND DESCRIPTION ONLY .(NOTA SURVEY) E3{HIB1T2b (Continued from Sheet 1 of3) PROPOSED RIGHT-OF-WAY NORTH LAKEWOOD AVENUE DESCRIPTION: • REALIGNMENT said coma havir;g' a radius of'50.00 feet, o central eagle of 20'16'5f' for on are•di,once of 17.70 feet-to-a point of'tangency; thence North 50'15'56'West, a distance of 89,63 feet to a paint en the East boundary of said Parcel 62-166i Right—of—Way 9', the following two (2).courses being along said East boundary; thence Nei h 00'53'06" West; a distance of 9,17 feet,•thence•Arc.`th 07'05'16''-East, c distance :of.43,95 feet to o•point on the arc of-a non—tangent curve concave to the Southwest, the mains cciat .of•which hours South 19'41'25" West; thence Southeasterly along,sold curve Having o radius di' 100.00 • feet, a central angle of 10'02'39' for on orc distance of. (7.5.3 feet to a paint of tangency; thence Saute 6I2'15'56"East, a.distance of 53:77 feet.to. a.point of curvature of'a Curie cOncave to the Southwest; thence Soutlbcostetly alorlu said curve having o radius of 160..59 feet,' a eeiitrcd an of 20'I6'51" for on are dlstonee of 35.40 feet.to a point Of-tangency; thence South 3r'55 05" East, c -distance.or 92.98 feet; thence South 85'37'41" East, a distonec of. 35.75 feet to a point.on the arc.of o non—tongert•carve concave to the Northwest, the rods s point of which bears North 41'f6`17' West; thence- Northeasterly clomp said curve having c radius of 1,000,00'feet;. •c centre( angle 'of 26'16'?3" for on err.-distance at 458.50 feet to• a point of tangency; thence North 22'27'30" East; a distance of 35.01:feet to a point on the South boundary-of said parcel 62-16 Fr'lght—c Way '8', the.-following t.+•o (2) courses-being along said.South boondoty; thence South 89'1 0'10" East, a disfance of 105.77 feet; thence North C=/.749'59" East, a-distance of 20,00 feet to a taint on the South right-or-N'cy line of W North Lakewood Avenue (Formerly GTarcora-0coee Road); theme South 81110.10" East along said South righf—or-',v y fine, a distance of 22.85 feet; thence deporting from said South right-of-way lire run South '22 27'30" West, a distance 7f .70,89 feet to a paint, of Curyature Of a curie concave t0 the Northaiest;; thence -5outhwesteriy olong said curve having-o radius-of.1,012.00 feet, a central angle of 05'09'35" for on arc.distance of 9. 13 feet; thence South 42'32'22"•West along a non—tan-gent line, a distance of 29.78. feet; thence.South 13'43'45"-East, a distance of 41.58 feet to a point on the-arc ,r' a non—tangent curve CarrCc.r to the North, the radius-point of which Le:rrs North 20'60'08' East;• •thence Easterly along.said curve having a radius of 1 85.4 i feet, r central angle of 19'13'30"'for Cn arc distance cf 565.52 feet. to a point of-tangenvy; thence:South 39'13'22" East, a distance of 158.15 feet to a point on the East line of the. SO.uthwe5t 1r/4 of the Saurhleest 1/4 4f said Section 5; thence Q South 00'17'43"-West along said East line, a distance of 50.00 feet to the POINT OF•8E6(1'11'iNG; TOGETHER WITH: ..portion of:the Northwest. T/4 of Section 8, iownsko 22 South, (Tanga-28 East, Orange County, Florida, being more partirulcr,y described aS follows: • 'COMMENCE at the Northwest comer of the harth.t'est 1/4 of said"Section 8; thence Worth Pi'44..04"`rn5t aio"g the North line of said librthwe.,,,t l/f, a distance of 30.00 feet to'the PONTOF SEGi,NNINC; thence nontrnue 0 North 89'44'04" East Olarg the North fide of said Northwest lf4, u distarce of-40.00 feet; thence Saudi CO O01t'.35" East, a distance of 25.00 feet; thence South 44%16'i4" West, a distance oft:.60 feet to a point pn the East rightcf-way line of North Lakewood Avenue; thence North 0011'3.5" West, a-distance N of 65.00 toot to the POINT Cr SECL1h','h'dG. .Said fonds containing 3.056 treats 033,104 square feet), rhore or loss. - Lug • rca a RE4151CNS. DATE BY DATE: DRA1Lti CHECKED FIELD. 4/03/19 BY SF BY • YIN -BOCK N/A rI� VVOHFARH CONS ULTLNG - GROUP LLER ENGINEERS,PLANNERS .0 r • J LAM)DEYELOPMEP1T u 2L6 N.'.YESSMONTE DRIVE I GPIGIPIEEPIND 'J1CCS ALTAMONTE SPRINGS;FLORIDA32714 f4O7}750-3123 CERTIFICATE OF AUTHORIZATION NO.LRC214 SKETCH AND DESCRIPTION ONLY ES�aND2;2 " 4 OTASURVEY) EXHIBIT26 9 AY W£ t''' �Vv i TrIKLATE: PROPOSED RIGHT--GE-WAY AR1.40 P EL 1a NORTH LAKEWOOD AVENUE LEGEND . \ 5.8.1, si16. PG.6120.O.C.R. REALIGNMENT .• Si b L=LENGTH WARE - ` , e .l, 2 O.C.iL_ORANGE COUNTY RECORDS b:-;:: O_9.B..CFROI LRECCR GEDEJC '= I : C' .R FCC_POINT DFCAM.,ENCEN.E.T } `a FOR-FCMNTCFEEGNN.'1:G , _'. K W -�` P.A-PL°.T BOOK it I I.--4 04 FG.-PAGE r_R- I'I'J `C' E.USE CF.STPLLATED PG.-PA E t .u 44 MITER CF Thk1%3 1 '^ 14,RA GHT-OF'NAY i I �_ 4,0 -PARCEL 1.4< ' NQ0'49'Sti E ""� ! 'S.N,D,,O a . o RENT:LLMRED,',C[E55 30' f N- Rfx,. $9F.'±Q'10`E • .— I 84S0,O.GP.. .. B7aJT-OF=IYAY LIFJE 1+30„ I 20.GD` 3 ii F., =.4T•OFklA9 LINE tCo,7T �4- f B22E6'0"E -TO EE VACATED I NQ { 4-1 ` 2?.55' _ _�,-�- i �EWODD ACc f" 5, R/W LIkE- 1 --T r-,I;.• . Cg1.3,' 3011,4 `'' s \ 1ST OE P.A CEL 52--151 RIGHT OF'WAY'6' I 1 GnLhtYJC/:RhV:EC[iINTY ., ,. ,��5. R,�tt-f Ni2'27':A"E Jr�, 5'22'27'313.W I 1 ExP E 5WA'f AU111C.RIFY �' Llk_ 35.01' -70.89' ^1 c,I STT'ULATE D;I:E'CF MINE PER , I — R-1012.00' H=1E23.41' - -1.-I 0,R,O.E4S1,PG,2341,O.C.R. I _ 54:32i2"1, H=10D.C1' 17B' g +09'3VLr°7_1:` 15•'13'36' b __-_,..1 I P.+T)5 la E +rU302''_9" ^L -L=5E5.52. ;3 `I �°' ,t 1J201.) 16'E 63.96' 4 ,o 17_`a3'g..?'` �, f (Rr1Dl4() 86-s-i'.'27"_ T S1V41'25"'.4 CR.s�I?L} a ¢ ,t A. ,•i 'O . I I NOD-5505-Wa -.- r} vo "sy'1(/' 'All avc W LINE&CURVE DATA 9.17' w '' J • -- _ m I (3) :y R-7735.41' NI5213'22"IV 1 I {0 NO3'I4'53'E 34.21 41 1 e w ? 's R=onlo2,' LA-24 04`43• 158.! _I a 1 ' a` t L=609.15' 2) k39'S i}5`1K I4.a5' i' y w 4Q ,'F'fa. L-3 18.7 POB • , . 1--I ^_7 a `1 R=50.0.t=2016 a1' ,,= I IN '' r y ffffff .2.. .• I i�Q -- L-17,70' w F `5} R=786.OD' J h' . r r sJ6DT�56"w as.65 c I LIJ I ? t.lEi'25'0� L' PROPOSED R/W 1 1 u Li o f''' I L-225,22. 3.514 Al:. u -- {]5 Sfi0"15'`6 E 35.77' ¢? �. N .S'S f,131ati SU,1.Ai2E FEET) Q. %a'.E 1-1 R=I00.00'i 2095'S1" C)i-. m e I,., f3� 6 I 1 1 =•' 1,21 ,S311•51Y55"E 72.9e GGs4,- �W I r H-750.DU' ^-. " I 1 jiii a. ®q S- u I tF3B137'O7' m --I-7---1 j .Lt_ OD ,q5 37•4.1`E 35,75' n.o I I; , L=15g.70' . T '• ^ v I^1I 9 d - • S13'1_s5'E 41.59' ij x ' --ii ,-4O` La i o I 1 x°: ") ¢• W 8.73'CS,;1.,h.30.02 11 I { F La u ,IH AtE POC U 1 = SA. CC1 .4NM- S.W.S.w. 1/4, a f''I I I cn � :E4•TION .LI-2Z-21i AND I 91 � PROPOSED R/W PI.'N. i:CRNER t;:1. 1/4. vl ` .. I I 0541'1CRE5 1 SEC,'DON r22-2E1 --1 1 r. (T„IL '.r LAFE FEED I ': S.E.CD_a,`JER flST11E S.W. S, LINE Cf TH-S w.,1/., r 1 • I I - 1/4,CP THE sm. 1 f'4,• N r r I •.,.,, 6 Muria: 5-22=28 I 1 �- .- 5 k8'd'45'04'E SE 114I 2. 25 I I O �' 1`.f . 40.00' � I t ---">uaERS-ERes5-RGAE --tom• - N5S'L•T'DA^_. Ti14.e7 �x y�-- 00 IP --SO:11'35"E N6574.1'D4"E N.UN=OF THE N.N, 1/4, 1 1 b 30.05 I 25:QQ' SECT10.4 8-22- 8 wI c f o 7 8 POB -I� I N rim I'35'YJ LS44'40'14'14 - I«1 . Q1.0:i 3G' .5.l(' F... La E.RAS'UNEi r - TM EVE S.L REISIONS DATE BY • DATE: DRAtiti1J CHECKED FIELD' �ilr1/1a aY BF BY V#1,! BOCK ' N/A • EXHIBIT"B" Description and Depiction of the Vacated Lakewood Avenue Segment • • WOHLFARTH CONSULTING 1 I R I El U GINoUP mac. S ENGINEERS,PflJiRdP�ER 245 N.WESSTMONT!DRIVE • L+uVODES'tLQPh1GgT,S ALTAMONTE SPRINGS,FLORIDA 32714 ENGINEERING SER*ES 007)750-3123 CERTIFJC TEOfe UTHORIZZATIONNOO_L.E 214 SKETCH AND DESCRIPTION ONLY 1NOTA SURVEY) • EXHII31T°A' RIGHT-OF-WAY TO BE VACATED (N.LAKEWOOD AVENUE AND • CLARCONA OCOEE ROAD) . DESCRIPTION: Portions of Section 5, Township 22 South, Range 28 Eostt, Orange County, Horido, being portions of the Right—of—iNay for North Lakewood Avenue and Clcrcone-Ocoee Road more particularly described as foliow5; Tract A . COMMENCE at the Southwest corner of the Southwest 1/4 of said Section 5; thence North '-. 69`44'04' East along the South line of said Southwest 1/4, a distance of 30.00 feet to the iii Southwest corner of Parcel 62-151 Right—of—Way 'R' of the Orlando/Orange County Expressway Authority, as described in 5tirniIoted Order of Taking recorded in Official Records Book 5461, Pogo -- 2341, of the Public Records of Orange County, Florida, thence North 00'53'000" West along the - West boundary of said Parcel 62-161 Right—of—Way '8°, a distcrice of 1,434.83 feet to the POINT ;i, OF BEGiNMNG, sold point also being the Northwest_ corner of solo' Porcet 82-161 Right—of—Way '13; . thence continue North 00'53'O6" West, a distance of 60.03 feet to the Southwest corner of Parcel w 77 62-161 Right—of—Way 'A' of the Orlando/Orange County Expressway Authority, as described in Stipulated Order of Taking recorded in Official Records nook 54E1, Page 2341, of sold Public Records; thence South 89'1O'iO" East along the South boundary of said Parcel 62-161 ? . Right—of—Way 'A', a distance of 581.95 feet to. o point hereinafter known as Paint "A"; thence . (Cantinued on Sheet 2 of 4) . NOTES: • - a 1. UILESS IT EARS THE ORIGINAL SICHAILOE AND SEAL Of A. PROJECT NAME: OCOEEVILLAGECENTER • FLORIDA LICENSED SJR',EY•CO AO NAP5ER THS CRAr,NG,O<EIti4, •LOCATION: C m•f Ocoee,Orange County,Florida_ 'r PLAT OR MA IS FOR riFO'5MA11ONAL FTJRPOSES OILY AND 15 NOT rang VALID ADCITID:4S OR EEIETIONS TO SURVEY MARS CR REPORTS RY OTFER THAN.THE Sal•SNINO PARTY CR PARTIES 15 FR01180133 KITHOJT w WRITTEN CONSENT CF THE SONG PARTY OR PAi116. • _ ' 2. LANDS SHINN HEREON'dEiE NOT,+,3STRAv1EP BY WORFAn H CERTIFICATION: • N, • CONSJLT1'O OEOUP LLC FCR EASEMENTS AHD RIGHTS-OF-WAY CF I FERM?CERTIFY THAT TIE ATTACHO SKETCH AND OESCRt5T1Ce1 Is TnLE RECORD. - Mb-CORRECT TO ME BEST CF MY KVD tEOCE AND BELIEF AIM THAT IT I., - S. DATA SHOUT HEREON WAS-COLIFILED FROM OTTER INFII•1VENTS HMS THE STANDARDS OF PRACTICE SET FORTH RY THE FL!'•RI7A I2 AR7 AND DGES NOT CONSTITUTE A.FIELD SLt2\EY. Ef PROFESSIONAL 9JRVEiORS A`rl MAPPERS IN CHAP1ER 5'-17.FLORIN. H NSNINISTRA11C CO7E. I 4. BEsRI4G5 AFE PAS<0 CH TIE I5ST u,s CF THE SCUTHY T 1/4 FCO THE FIRM OO CF=6.TI:HS,TOF+45HP 22 SOUTH,RA\�.,E 29 EAST, CR0.M10E G:AINiY, KllHFARIH OI1v4JLTiA:,CROUP LLC - %—i' ' FLORIDA,SAID%EST LINE HAVING AN A55UHED SEAFINO OF • NORTH W'53.0 %SST• • 0 5,YOF FARIH CIX49JLTINC GROUP LLC CERTIFICATE CF AUTHORIZATION - . NO.L9 3214 IC ISSUED 6Y TIE FLCRDA tEEATIVEnr CF AG}ICULTURE .. AND CONStRIER SERYI:ES. .. WILSCN E. NY, P.S.M. • . • REVISIONS • DATE BY PROFESSIONAL SLIR',£YCR and MAPPER 7,I2885 STATE CF FLORl?A 3 , as . REVISED 11/18/21 EF . •DATE: DRAWN CHECKED FIELD 11/01/21 8y BF 0Y VR�i EIOCI< - -N/A • • WOHLFARTH CONSULTING -1$1)11:1 GI DVI ER GROUPLL ENGUIEE RAND j LAND DEYFLDPMENT Fi 246 N.WESTMONTE DRIVE � ENBINEtI NGSEANCES ALTAMONTE SPRINGS,FLORIDA32714 [407)750-3123 CERTIFICATE OF AUTHORIZATION NO.L943214 - SKETCH AND DESCRIPTION ONLY (NOT A SURVEY) EXHIBIT°A RIGHT-OF-WAY TO BE VACATED (N.LAKEWOOD AVENUE AND CIARCONA-OCOEE ROAD) (Continued frcrz Sheet I of 4) DESCRIPTION: - departing from said South boundory run South 22'27'30" West, a distance of 64.54 foot; • thence North 89'10°10" West Wong the North boundary of said Parcel 62-161 Right—of—Way • '8', a distuoce of 556,36 feet to the POINT OF BEGINNING. Containing 0,784- cares (34,150 -' square feet), more or less, fii • TOGETHER 'llil,': Tract • COMMENCE at said Point "A"; Thence North 2227'30" East, a distance of 21.51 feet to the == POINT OF BEGINNING, said point lying on the South Boundary of Parcel 1044, as described in Stipulated Order of Taking recorded in Official Records Book 9816, Page 8120, of the Public Records of Orange County, Floridd; thence North 89'1U'TO" West along said South boundary, a distance of 41.75 feet; thence North 0049'SO" East along a West boundary of said Parcel 1044, a distance of 60,69 feet to a point an the arc of a non—tangent curve concave to the Northeast; thence from a tangent bearing of South 62'55'14" East, run Southeasterly[along said curve having a radius of 1,385.18 feet, a chord bearing of South 63'30'28" East, a chord distance of 26.36 feet, a central angle of 0110'23" for on are distance of 28.36 feet; thence South 20'49'04' East along a non—tangent line, a distance of 47.99 feat; thence South 2227'30" West, a distance of 4.10 feet to the POINT OF BEGINNING. o Containing 0.043 ocres (1,852 square feet), more or less. (NI Containing in aggregate 0.826 acres (36,002 square feet), more or less. Lu cn N 9 00 rl a, REb15,ICWc DATE BY DATE; DRAWN CHECKED FIELD . REVISE') oci 11/18/21 OF 11/01/21 BY 9F 9Y Vlvi o < N/A • • IJ r -WOBLF H'ART CONSULTING V/ C 1:1II] GROUPLLC ENGINEERS.PLANNERS i LAND LIEVELOPAloNrSI 246 N.WESTMONTE DRIVE' FNGIIiEEtEPiGSEF1UICGG ALTAMONTESPRINGS,FLORIDA'32714• • [407)750-3123 CERTIFICATE OFAUTHORIZATION NO.Li111214 SKETCH AND DESCRIPTION ONLY oA6A29- '' - (NOT ASURVEY) EXHIBIT'A' 5-V5 pint �Y 511:JLAIEJ RIGHT-OF-WAY TO BE VACATED VJ> 050159 OF 74111P1( (N.LAKEWOOD AVENUE AND PARCEL 1044 _ I 1 -O.R.O.951E,Pr„E120,L`.c,R. R CLA COMA-OCOEE ROAD) ' 1 z 1 Cr• C6� SEE 0.JL o o -•-��--. SHEET 4 Cf 4 c� K 1--S i>_ ` "'/1_ . . it PARCEL G2-1GL"R1CHT-CF-WA', A• 1."- ' 7 `r0 - 4 CRLANft>J{1iAti�E CO:.t\TY :C I 1 =+ W. • Fe. `.� 5:•Lh'E CF S 1F4ILA1Eu '� .1PULa1EO 1L• rAY 30EF CF 7 1-NG.PM— fr. �O'O T:''" f1 �S:R ARCfEL OF 1 44µ It '•O.R.R,.5tE1.FC.2541.D.O,R. ! ti' • f- S:.R:13. 8di$i PG' . -r r 612D,O.C.R. o , 5 W, C'.YPNEE4 PARCEL—. I+1 -TRACT A. iikCLSEDZPLA-.CCD Real - 62 1ui AL-44T-1-war'h. II 1 NORTH LAKEWOODAVE - �� S.RA I-LINE I 4yr 44E 1a,G4 p'TSIE.Pr5'kCEL -- E2-IE1 RICHT-Cc-WAr'R' I r{ -_ --...B POB I 1 [� TRACT A / .TACT, PEk kESc OITC4 2O21-003 =[E I - I1'iI\ i 1 . BIC'V„f202f057LE52, O.C.R. I I � It ' — -- ' / .•• --,.� 'I I :1▪:-. • W,R1AY.:PARCEL E2.161 - 1 `Y.'.``� /, `� ---__- ^+ fdCHT-DiW✓..Y-'7 - + ,y .-�---- vsn:atc :i -PRORD5ED RAY �i LEGEND g +' �� 3.027 ACRES I I - ENC'/.=HOUNDA.4f - .e I / 'UD>'EAS9.AA'T I=I J DOCK=OLC13A1EhT NUMBER 4lny ev J f gQC..A.V02IC 5,2503_.I¢ I I QC3.=ORANGE COUNTY RECORDS . r11 ' /' 'ULL^.y4202[0155771. Ll.f IL) i--I CI.3R.=INtCFLRECORDSECCLK Q , / ACCE-S EA. ME*JT `5 , I ' FCC-POINTOF,COMMERCEN3T n / ' FC6=POINTCIF BEGINNING tb H - / (f.U'P.,F;i�"2/Or'S 'i52 / :I n I _l P.E:=PLATECOE c Ct- `co f. DGC.#12D2101865OF. CC.R.) - 1 I I . PG..=PAGE L•p v . - %'� - _ •1 I E. FI,MM=WIGHF-OF•NAY p I.1 .r - /• 1- - An AE -ice UMrTED rZC♦E - p CC 1.� - Ia- .�1-1 ___ RIGH7GF.WAY LINE O- qp e / ID C _I 1._ ' ©; -'X 5 ui- w 12 rnvEr- 4 I^I 1d I Ixci 5 1 'a"F �'Ii 9 T ISdSWI a L� !'1'� ' .1 V ti NI MI JJ O lu E o Il.ice I id"., c)': C."I a5 L.i-. I ' I r I sa K? L? J :[ .�IV- I Ct [ ' F 1 nTe ACE W `II �•P?RCE1 57-IE1 F1CFii-OF-WAY`e' �':o'Al _ -' oaLArso/ORAwE CCI,LNIY' = I I rn I E%PRE4SWAY AUTH=RITE lai • �I^1 POC •s11PULATEv a3L€+ CF TANIN+PER I I — QR.A°SEI,PC 23i5,O,C..R. S.W. CCfv.ER S.W. t/4,-� 1-1 40' . . -ram N SEC11C;.0-21-23 I r.{ 1t -9, LINE Cr THE s.W. 1/4, -I- I a •SECCT10N 3,22-25. I I F ----FULLERS CR055 ROAD'--- --- - ------ j111 M — F4.'LINE_OF THE N.H.. 1 4_ aIIIi-::_;-: Y IJ834#04 E . . ACC -WA '' STI �-2$ � . 1 N 1 .0 E.R/1U LINE -- -- 41H AVE L G so a. REUISIC IS DATE BY. DATE:" 0RAWI4 'CHECKED FIELD REt'ICEU it/i1./Yt OF 11/01/21 8Y EIF ' SY WY SOCK N/A • • • WOHLFARTH CONSULTING GROUPLLERViCI1flHV � UENGINEERS,PLANNERS J LAND DEVELOPMENT& 245 N.WESTMONTE DRIVE JI If1GI[t[EI4N95EpVICGS ALTAMONTE SPRINGS,FLORIDA 32714 [407)750.3123 CER711E1CATEOFaar OR1zATUONNO.t63214 SKETCH AND DESCRIPTION ONLY (NOT ASURve EXHIBIT'Al ,,.S RIGI-IT-OF-WAY TO BE VACATED A (N.LAKEWO OD AVENUE AND bi CLARCONA OCOEE ROAD) c44 . r�l {d GAP6 CO A --*f •0 � cF4y q dT t , O, R=1395.18' w 4, 43 n,Rpm P.-01'10'23` kg YF C L=28-35' Cl o.tv - CB-SS3'30'26 g43m ,-CD=2S.36° .ATRACT Ei�=S52'S5'14'E 0.9CRF3(1,E52 S.F.)z-_ NT PARCEL 82-15i N04'49'Sd'E 80.E9'-_ 52049'04"E -RIGHT-OF-WAY A' w BUOY. PARCEL 1044 —� �� N. er.or- S2277'94% 4-10' R fh''a' r4 D-10'ii1"'/' •11.75-A ` ,.-N, R/N LINE S. I NDY, PARC3 1044 11 EPOH - ` �—S139'10'10`E �81.9� 1- `t J "' t) f NORTH LAKEWOOD AVE. ~``--5. 3tio'c R,rw'.A' ` N2 2'30'E F-± a n TRACT A FORMERLY: CLARCONA-OCQEE ROAD -POC 21'51' w 0, 1 9.784 ACRES (34,15O SF.)± 11. BNDY. R/'h''I \ POINT"A" u -POBr,...,„....,„:c9, t,E4'1O 1O'Y 55fi.38' f } �522-2r3cvL, . S. 9IIOY' S R/W LINE 1 fJ / E4.54 I R/'h''0 PARCEL Ei2-151 RIGHT-OF-WAY 'E'-1 °r' r 1,:). +° 1- � tr L;7LiTY EASENEpT / • S i q (DC.#02i1E60 l .:•.- }. °u�C.44202r0154774. 0.C.R.)--fir - ! Y + LEGEND (:C •::._'202r0159652 y s' • • n eNnv=E unoARY p - 00L.+2v21o15E9C1, O.C.F.) {° ��i rW=/1 • CB 1:131:1RS3 BEARING / S ' 0 am-.:HaRO¢>.STAR.''¢E ' 0 ocrx=1Cv7COtd£NTNONIHEH a-CEHTx LANGIE(aaTA. N n.=ARC DISTANCE gLE05THI Dor=NON-TANGENT OMR.iaRAN ECD1PrTR OD1111s @ a=aC FOAL RECORDS ECM COI a.H. 1 P H.=MAT BMX W PG.=FASE `-1 PUS=POINT OF BEGINNING 0 PRO=POINT CFi441,9MEEi4CEMENT N Rflir=H1GH7 CF.WAY S.F.=S rim.la EIFEEP LE.TAIMAT HEXING W . a` REIISICNS- DATE BY DATE; DRAWN CHECKED FIELD REVISED .11/18/21 EF 11/01/21 9Y BF BY Vlryl! BOCK N/A.