Item #03 Approval of Transferring Certain Property Rights and Granting the Use of City Right-of-Way tot he FDOT with Widening of SR50 C of Good z
OCE' �-
AGENDA ITEM COVER SHEET
Meeting Date: October 19, 2010
Item #
Reviewed By:
Contact Name: Al Butler, CIP Manager Department Director:
Contact Number: 407 - 905 -3100, ext. 1543 City Manager:
Subject: Approval of and authorization for the Mayor to execute documents transferring certain property
rights to the Florida Department of Transportation in connection with the widening of SR 50. (District 2 —
Wilsen, District 3 — Johnson)
Background Summary:
The Florida Department of Transportation (FDOT) plans to widen SR 50 through the City of Ocoee. The
first part of the project will widen SR 50 from the eastern entrance to the West Oaks Mall to Good Homes
Road. We expect this project to begin next year. In FY 2014, construction will begin to widen the rest of
SR 50 in Ocoee, from SR 429 to the end of the first phase. As part of this second phase of the project,
FDOT intends to place its new stormwater management structures within properties owned by the City of
Ocoee and /or properties for which the City has a utility easement. City utilities located within these areas
will need to be relocated in advance of the road construction.
Issue:
The Engineering Department has proposed a transfer of City property rights to FDOT at several locations
along SR 50 through deed and subordination agreement.
Recommendations
The Engineering Department recommends that the City Commission authorize the Mayor to execute the
deed and subordination agreement conveying certain property rights to FDOT. These actions are
necessary for the SR 50 widening project to occur.
Attachments:
• City Deed conveying specified property to the Florida DOT.
• Subordination Agreement conveying property rights to the Florida DOT.
Financial Impact:
There is no direct financial impact on the City in executing these documents. The relocation of utilities in
advance of the subject construction is expected to cost approximately $900,000 for Phase 1 and $6.5
million for Phase 2.
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
1
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
03 -000EE -03/07
June 9, 2010
This instrument prepared by
JENIFER A. PATTERSON
Under the direction of
FREDRICK LOOSE, ATTORNEY
Department of Transportation
719 South Woodland Boulevard
DeLand, Florida 32720 -6834
PARCEL NO. 102.1R
SECTION 75050
F.P. NO. 239535 3
STATE ROAD 50
COUNTY ORANGE
CITY DEED
THIS DEED, made this day of , by the CITY OF OCOEE,
a municipality of the State of Florida, grantor(s), to the STATE OF FLORIDA DEPARTMENT OF
TRANSPORTATION, grantee: (Wherever used herein the terms "grantor" and "grantee" include
all the parties to this instrument and the heirs, legal representatives and assigns of individuals,
and the successors, and assigns of organizations).
WITNESSETH: That the grantor, for and in consideration of the sum of $1.00 and other
valuable considerations, receipt and sufficiency being hereby acknowledged, hereby grants,
bargains, sells, aliens, remises, releases, conveys and confirms unto the grantee, all that certain
land situate in Orange County, Florida, viz:
F.P. No. 239535 3 — Section 75050 — W.P.I. N/A — S.R. 50 from west of S.R. 429 to Good Homes Road
in Orange County
PARCEL No.102 RIGHT OF WAY
Part A
Commence at a nail hole as shown on Florida Department of Natural Resources Certified Corner Record
Document No. 066275 marking the Northeast corner of the Southeast quarter of Section 19, Township 22
South, Range 28 East, Orange County, Florida; thence run South 00 °28'44" East along the East line of said
Southeast quarter of Section 19 a distance of 2766.73 feet to the Northeast corner of the Northeast quarter
of Section 30, Township 22 South, Range 28 East, Orange County, Florida; thence departing said East line
of the Southeast quarter of Section 19, run South 00 °26' 34" East along the East line of said Northeast
quarter of Section 30 a distance of 0.23 feet to a point on the Centerline of Survey of State Road 50 as
shown on Florida Department of Transportation Right of Way Map Section 75050, Financial Project No.
239535 3, said point also being on a non - tangent curve concave Southerly having a radius of 68,754.94 feet
and a chord bearing of South 89 °38'41" West; thence departing said East line of the Northeast quarter of
Section 30 from a tangent bearing of South 89 °39'56" West, run Westerly along the arc of said curve and
along said Centerline of Survey through a central angle of 00 °02'30" a distance of 50.00 feet to a point on
the Southerly projection of the West right of way line of Maguire Road; thence departing said curve and said
Centerline of Survey, run North 00 °28'44" West along said Southerly projection a distance of 75.12 feet to a
point on the existing North right of way line of aforesaid State Road 50 as shown on the aforesaid Right of
Way Map for a POINT OF BEGINNING; thence run along the existing West right of way line of said Maguire
PARCEL NO. 102.1R
SECTION 75050
F.P. NO. 239535 3
PAGE 2
Road North 00 °28'44" West 10.00 feet; thence run North 89 °39'54" East 100.00 feet to a point on the
existing East right of way line of said Maguire Road; thence run along the existing East right of way line of
said Maguire Road South 00 °28'44" East 10.00 feet to a point on said existing North right of way line of
State Road 50; thence run along said existing North right of way line South 89 °48'51" West 50.00 feet;
thence continuing along said existing North right of way line South 89 °31'00" West 50.00 feet to the POINT
OF BEGINNING.
Containing 993 square feet, more or less.
AND
Part B
Commence at a nail hole as shown on Florida Department of Natural Resources Certified Corner Record
Document No. 066275 marking the Northwest corner of the Southwest quarter of Section 20, Township 22
South, Range 28 East, Orange County, Florida; thence run South 00 °28'44" East along the West line of said
Southwest quarter of Section 20 a distance of 2766.73 feet to the Northwest corner of the Northwest quarter
of Section 29, Township 22 South, Range 28 East, Orange County, Florida; thence departing said West line
of the Southwest quarter of Section 20, run South 00 °26'34" East along the West line of said Northwest
quarter of Section 29 a distance of 0.23 feet to a point on the Centerline of Survey of State Road 50 as
shown on Florida Department of Transportation Right of Way Map Section 75050, Financial Project No.
239535 3, said point also being on a non - tangent curve concave Southerly having a radius of 68,754.94 feet
and a chord bearing of North 89 °41'16" East; thence departing said West line of the Northwest quarter of
Section 29 from a tangent bearing of North 89 °39'56" East, run Easterly along the arc of said curve and
along said Centerline of Survey through a central angle of 00 °02'42" a distance of 53.84 feet to a point on
the Northerly projection of the East right of way line of State Road S -439 (also known as Maguire Road);
thence departing said curve and said Centerline of Survey, run South 00 °34'20" East along said Northerly
projection a distance of 74.89 feet to a point on the existing South right of way line of aforesaid State Road
50 as shown on the aforesaid Right of Way Map and the POINT OF BEGINNING; thence run along said
existing South right of way line North 89 °48'51" East 52.04 feet to the Northeast corner of the lands
described in Official Records Book 8359, Page 3460 of the Public Records of Orange County, Florida, being
a point on the existing East right of way line of the aforementioned State Road S -439 (also known as
Maguire Road); thence departing said existing South right of way line run along said existing East right of
way line South 44 °35'14" West 13.96 feet; thence departing said existing East right of way line run South
89°41'17" West 136.19 feet to a point on the existing West right of way line of said State Road S -439 (also
known as Maguire Road); thence run along said existing West right of way line North 00 °26'34" West 10.00
feet to a point on the aforementioned existing South right of way line of State Road 50; thence departing
said existing West right of way line of State Road S -439 (also known as Maguire Road) run along said
existing South right of way line of State Road 50 North 89 °31'00" East 40.00 feet; thence continue along
said existing South right of way line of State Road 50 North 89 °48'51" East 54.02 feet to the POINT OF
BEGINNING.
Containing 1414 square feet, more or Tess.
AND
Part C
Commence at a broken 6 - inch by 6 -inch concrete monument with no identification as shown on Florida
PARCEL NO. 102.1R
SECTION 75050
F.P. NO. 239535 3
PAGE 3
Department of Natural Resources Certified Corner Record Document No. 066268 marking the Northwest
corner of the Northeast quarter of Section 20, Township 22 South, Range 28 East, Orange County, Florida;
thence run South 00 °33'51" East along the North -South center -of- section line of said Section 20 a distance
of 5265.11 feet to the Northeast corner of the Northwest quarter of Section 29, Township 22 South, Range
28 East, Orange County, Florida; thence departing said center -of- section line, run South 00 °16'56" East
along the East line of said Northwest quarter of Section 29 a distance of 3.02 feet to a point on the
Centerline of Survey of State Road 50 as shown on Florida Department of Transportation Right of Way Map
Section 75050, Financial Project No. 239535 3; thence departing said East line of the Northwest quarter of
Section 29, run South 89 °48'51" West along said Centerline of Survey a distance of 1292.55 feet to the
Southerly projection of the Easterly right of way line of Bluford Avenue; thence departing said Centerline of
Survey, run North 40 °02'14" West along said Southerly projection a distance of 97.69 feet to a point on the
existing North right of way line of aforesaid State Road 50 as shown on said Right of Way Map for a POINT
OF BEGINNING; thence continue North 40 °02'14" West along the Easterly right of way line of said Bluford
Avenue a distance of 13.03 feet; thence departing said Easterly right of way line of Bluford Avenue, run
South 89 °48'51" West 103.62 feet to a point on the Westerly existing right of way line of said Bluford
Avenue as shown on said Right of Way Map; thence along said Westerly existing right of way line South
40 °04'35" East 13.03 feet to a point on the aforementioned existing North right of way line State Road 50;
thence along said existing North right of way line North 89 °48'51" East 103.61 feet to the POINT OF
BEGINNING.
Containing 1036 square feet, more or less.
AND
Part D
Commence at a broken 6 -inch by 6 -inch concrete monument with no identification as shown on Florida
Department of Natural Resources Certified Corner Record Document No. 066268 marking the Northeast
corner of the Northwest quarter of Section 20, Township 22 South, Range 28 East, Orange County, Florida;
thence run South 00 °33'51" East along the North -South center -of- section line of said Section 20 a distance
of 5265.11 feet to the Southwest corner of the Southeast quarter of said Section 20; thence departing said
center -of- section line, run South 00 °16'56" East along the West line of the Northeast quarter of Section 29,
Township 22 South, Range 28 East, Orange County, Florida a distance of 3.02 feet to a point on the
Centerline of Survey of State Road 50 as shown on Florida Department of Transportation Right of Way Map
Section 75050, Financial Project No. 239535 3; thence departing said West line of the Northeast quarter of
Section 29, run North 89 °48'39" East along said Centerline of Survey a distance of 1327.67 feet to a point
on the East line of the Northwest quarter of said Northeast quarter of Section 29; thence departing said
Centerline of Survey, run North 00 °02'31" West along said East line of the Northwest quarter of the
Northeast quarter of Section 29 a distance of 5.07 feet to the Southeast corner of the West half of the
aforesaid Southeast quarter of Section 20; thence departing said East line of the Northwest quarter of the
Northeast quarter of Section 29, run North 00 °28'22" West along the East line of said West half of the
Southeast quarter of Section 20 a distance of 69.93 feet to a point on the existing North right of way line of
aforesaid State Road 50 as shown on the aforesaid Right of Way Map and the POINT OF BEGINNING;
thence continue North 00 °28'22" West along said East line of said West half of the Southeast quarter of
Section 20 a distance of 24.61 feet to the Northeast corner of Tract D, Lake Bennet Centre, as recorded in
Plat Book 35, Page 126, of the Public Records of Orange County, Florida; thence North 89 °43'21" East
along the Easterly projection of the North line of said Tract D 55.26 feet to a point on the Westerly line of Lot
"D2 ", Ocoee Commons PUD, as recorded in Plat Book 60, Page 92, said Public Records, said point being
on a curve concave northeasterly with a radius of 40.00 feet and a chord bearing of North 47 °37'39" West;
PARCEL NO. 102.1R
SECTION 75050
F.P. NO. 239535 3
PAGE 4
thence from a tangent bearing of South 21 °17'33" East run Southeasterly along the arc of said curve and
said West line of Lot "D2 ", through a central angle of 56 °40'12" a distance of 39.56 feet to point on the
aforesaid existing North right of way line of State Road; thence South 89 °48'39" West along said existing
North right of way Tine 83.99 feet to a point on the East line of Blackwood Avenue as shown on plat of
Ocoee Commons PUD, Plat Book 60, pages 92 -98, Public Records of Orange County, Florida, and the
POINT OF BEGINNING.
Containing 1594 square feet, more or less.
AND
Part E
Commence at a broken 6 -inch by 6 -inch concrete monument with a 1/2-inch iron pipe with no
identification as shown on Florida Department of Natural Resources Certified Corner Record Document
No. 065160 marking the Northwest corner of the Southwest quarter of Section 21, Township 22 South,
Range 28 East, Orange County, Florida; thence run South 00 °22'46" East along the West line of said
Southwest quarter of Section 21 a distance of 2652.34 feet to the Northwest corner of the Northwest
quarter of Section 28, Township 22 South, Range 28 East, Orange County, Florida; thence departing
said West line of the Southwest quarter of Section 21, run South 00 °11'55" West along the West line of
said Northwest quarter of Section 28 a distance of 7.12 feet to a point on the Centerline of Survey of
State Road 50 as shown on Florida Department of Transportation Right of Way Map Section 75050,
Financial Project No. 239535 3; thence departing said West line of the Northwest quarter of Section 28,
run North 89 °48'28" East along said Centerline of Survey a distance of 1572.83 feet to a point on the
Southerly projection of the West right of way line of Clarke Road; thence departing said Centerline of
Survey, run North 00 °13'42" West along said Southerly projection a distance of 75.00 feet to a point on
the existing North right of way line of aforesaid State Road 50 as shown on the aforesaid Right of Way
Map for a POINT OF BEGINNING; thence run North 00 °13'42" West along said existing West right of
way line of Clarke Road 32.05 feet; thence departing said existing West right of way line run North
89 °48'28" East 120.00 feet to a point on the existing East right of way line of said Clarke Road at the
Northern -most corner of the lands described in Official Records Book 5947, Page 104 of the Public
Records of Orange County, Florida; thence along the Northeastern line of the lands described in said
document South 45 °12'37" East 45.35 feet to a point on the aforementioned existing North right of way
line of State Road 50; thence along said right of way line South 89 °48'28" West 152.05 feet to the
POINT OF BEGINNING.
Containing 4360 square feet, more or Tess.
Containing 9397 square feet in the aggregate, more or less.
This legal description prepared under the direction of:
Gerald S. Smith, P.L.S. No. 5638
Florida Department of Transportation
719 South Woodland Boulevard
DeLand, Florida 32720
TOGETHER with all tenements, hereditaments and appurtenances thereto belonging or in
anywise appertaining.
PARCEL NO. 102.1R
SECTION 75050
F.P. NO. 239535 3
PAGE 5
TO HAVE AND TO HOLD, the same together with the appurtenances thereunto belonging
or in anywise appertaining, and all the estate, right, title, interest, lien, equity and claim whatsoever
of the said grantor, either in law or equity, to the said grantee forever.
PROVIDED that the following rights are reserved to Grantor:
1. The Grantor shall have the right to construct, operate, maintain, improve, add
to, upgrade, remove, and relocate facilities on, within, and upon the lands
described herein in accordance with the F.D.O.T.'s current minimum
standards for such facilities as required by the F.D.O.T. Utility
Accommodation Manual in effect at the time the agreement is executed.
Any new construction or relocation of facilities within the lands will be subject
to prior approval by the F.D.O.T. Should the F.D.O.T. fail to approve any
new construction or relocation of facilities by the Grantor or require the
Grantor to alter, adjust, or relocate its facilities located within said lands, the
F.D.O.T. hereby agrees to pay the cost of such alteration, adjustment, or
relocation, including, but not limited to, the cost of acquiring appropriate
easements.
2. Notwithstanding any provisions set forth herein, the terms of the utility
permits shall supersede any contrary provisions, with the exception of the
provision herein with reimbursement rights.
3. The Grantor shall have a reasonable right to enter upon the lands described
herein for the purposes outlined in Paragraph 1 above, including the right to
trim such trees, brush and growth which might endanger or interfere with
such facilities, provided that such rights do not interfere with the operation
and safety of the F.D.O.T.'s facilities.
4. The Grantor agrees to repair any damage caused by the Grantor to
F.D.O.T.'s facilities and to indemnify to the extent permitted under Florida
Law the F.D.O.T. against any loss or damage resulting from the Grantor
exercising its rights outlined in Paragraphs 1 and 3 above.
IN WITNESS WHEREOF, the said grantor has caused these presents to be executed in its
name by its Mayor, and its seal to be hereto affixed, attested by its City Clerk, the date first above
written.
PARCEL NO. 102.1R
SECTION 75050
F.P. NO. 239535 3
PAGE 6
Signed, sealed and delivered in THE CITY OF OCOEE, FLORIDA
the presence of: Two witnesses
required by Florida Law
By:
SIGNATURE LINE
PRINT/TYPE LINE: Its Mayor
SIGNATURE LINE ATTEST
PRINT/TYPE NAME:
Its City Clerk
ADDRESS OF GRANTOR:
(SEAL)
FOR USE AND RELIANCE ONLY BY APPROVED BY THE OCOEE CITY
THE CITY OF OCOEE, FLORIDA; COMMISSION AT A MEETING HELD
APPROVED AS TO FORM AND ON
LEGALITY this day of UNDER AGENDA ITEM NO.
FOLEY & LARDNER
By:
City Attorney
STATE OF FLORIDA
COUNTY OF
The foregoing instrument was acknowledged before me this day of , by
, Mayor, who is personally known to me or who has produced
as identification.
PRINT/TYPE NAME:
Notary Public in and for the
County and State last aforesaid.
My Commission Expires:
Serial No., if any:
SUBORDINATION OF CITY UTILITY INTERESTS
THIS AGREEMENT, entered into this day of , , by and
between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, hereinafter
called the F.D.O.T., and CITY OF OCOEE, FLORIDA, hereinafter called City.
WITNESSETH:
WHEREAS, the City presently has an interest in certain lands that have been determined
by F.D.O.T. to be necessary for highway purposes; and
WHEREAS, the proposed use of these lands for highway purposes will require
subordination of the interest claimed in such lands by City to the F.D.O.T.; and
WHEREAS, the F.D.O.T. is willing to pay to have the City's facilities relocated if
necessary to prevent conflict between the facilities so that the benefits of each may be retained.
NOW, THEREFORE, in consideration of the mutual covenants and promises of the
parties hereto, City and F.D.O.T. agree as follows:
1. City hereby subordinates to the interest of F.D.O.T., its successors, or assigns, any
and all of its interest, if any, in the lands as described in the attached Exhibit A, provided that the
City has the following rights as set forth below.
2. The City shall have the right to construct, operate, repair, maintain, improve, add
to, upgrade, remove, and relocate facilities on, within, and upon the lands described in Exhibit A
in accordance with the F.D.O.T.'s current minimum standards for such facilities as required by
the F.D.O.T. Utility Accommodation Manual in effect at the time this Agreement is executed.
Any new construction or relocation of facilities within the lands described in Exhibit A will be
subject to prior approval by the F.D.O.T., which approved will not unreasonably be withheld or
delayed. Should the F.D.O.T. fail to approve any new construction or relocation of facilities by
the City within said lands or require the City to alter, adjust, relocate, or remove its facilities
located within said lands, the F.D.O.T. hereby agrees to pay the cost of such alteration,
adjustment, relocation, or removal, including, but not limited to all costs and expenses associated
with the acquisition of appropriate easements, whether by voluntary acquisition or eminent
domain, including legal fees. F.D.O.T. reserves the right to acquire any substitute easements as
F.D.O.T.'s own expense using its own staff, provided that F.D.O.T. must exercise this right in a
timely manner. The location of any substitute easement shall provide substantially the same
benefit and use to the City as the original easement.
3. The City shall have a reasonable right to enter upon the lands described herein for
the purposes outlined in Paragraph 2 above, including the right to trim such trees, brush, and
growth which might endanger or interfere with such facilities, provided that such rights do not
interfere with the operation and safety of the F.D.O.T.'s facilities.
4. The City agrees to repair any damage to F.D.O.T. facilities and, to the extent
permitted by law, to indemnify the F.D.O.T. against any loss or damage caused by the City in the
exercise of its rights outlined in Paragraphs 2 and 3 above.
5. If F.D.O.T. damages any of the City's improvements on the Property, F.D.O.T.
will restore the improvements to like or better condition with reasonable promptness. Nothing
herein shall be construed as a waiver of sovereign immunity by F.D.O.T.
IN WITNESS WHEREOF, the F.D.O.T. hereto has executed this agreement on the day
and year first above written.
Signed, sealed and delivered STATE OF FLORIDA DEPARTMENT
in the presence of: OF TRANSPORTATION
By:
SIGNATURE LINE Noranne B. Downs, P.E.,
PRINT /TYPE NAME: District Director
Of Project Development
For District Five
719 S. Woodland Blvd.
SIGNATURE LINE Deland, Florida 32720
PRINT /TYPE NAME:
Reviewed:
By:
District Counsel
STATE OF FLORIDA
COUNTY OF VOLUSIA
The foregoing instrument was acknowledged before me this day of
, by Noranne B. Downs, P.E., District Director of Production for District Five, who is
personally known to me or who has produced as
identification.
PRINT /TYPE NAME:
Notary Public in and for the
county and State last aforesaid.
My Commission Expires:
Serial No., if any:
IN WITNESS WHEREOF, the City has caused these presents to be executed in its
name by its Mayor and City Clerk acting on behalf of the City of Ocoee, the day and year
aforesaid.
Signed, sealed and delivered CITY OF OCOEE, FLORIDA
in the presence of:
By:
SIGNATURE LINE Its Mayor
PRINT /TYPE NAME:
SIGNATURE LINE Executed on: ,
PRINT /TYPE NAME:
ATTEST:
City Clerk
(SEAL)
FOR USE AND RELIANCE ONLY BY APPROVED BY THE OCOEE CITY
THE CITY OF OCOEE, FLORIDA COMMISSION AT A MEETING HELD
APPROVED AS TO FORM AND ON ,
LEGALITY THIS , DAY OF UNDER AGENDA ITEM NO.
FOLEY & LARDNER LLP
By:
City Attorney
STATE OF FLORIDA
COUNTY OF ORANGE
I HEREBY CERTIFY that on this day, before me. an officer duly authorized in the
State and County aforesaid to take acknowledgements, personally appeared
and , personally known to me to be
the Mayor and City Clerk, respectively, of the City of Ocoee, and that they severally
acknowledged executing the same freely and voluntarily under authority duly invested in them
by said municipality.
WITNESS my hand and official seal in the County and State Last aforesaid this day of
PRINT /TYPE Name of Notary:
Commission Number (if not legible on seal):
My Commission Expires: (if not legible on seal):
EXHIBIT A
F.P. No. 239535 3 — Section 75050 — W.P.I. N/A — S.R. 50 from west of S.R. 429 to Good
Homes Road in Orange County
PARCEL No.130 RIGHT OF WAY
That part of:
Lot 1, WaI -Mart at Ocoee, according to the plat thereof as recorded in Plat Book
48, Pages 122 through 124, Public Records of Orange County, Florida.
(Said property being the same lands as described in Official Records Book 5690,
page 4250, LESS Official Records Book 6928, page 1805, ALSO LESS Official
Records Book 6776, page 3605, ALSO LESS Official Records Book 6656, page
533, ALSO LESS Official Records Book 6593, page 2833, ALSO LESS Official
Records Book 6572, page 3941, ALSO LESS Official Records Book 6444, page
4557, ALSO LESS Official Records Book 6444, page 4554, of the Public
Records of Orange County, Florida.)
described as follows:
PART A:
Commence at a 4 -inch by 4 -inch Concrete Monument stamped "PRM 4157" as shown on
Florida Department of Natural Resources Certified Corner Record Document No. 064992
marking the Southeast corner of the Southwest quarter of Section 29, Township 22 South,
Range 28 East, Orange County, Florida; thence run North 00 °16'56" West along the North -
South center -of- section line of said section 29 a distance of 5181.03 feet to a point on the
existing South right of way line of State Road 50 said point lying South 00°16'56" East a
distance of 75.00 feet from the Centerline of Survey of State Road 50 as shown on Florida
Department of Transportation Right of Way Map Section 75050, Financial Project No. 239535 3;
thence departing said North -South center -of- section line of said section 29, run North 89 °48'39"
East along said existing South right of way line of State Road 50 a distance of 90.19 feet for a
Point of Beginning; thence continue North 89 °48'39" East along said existing South right of Way
line of State Road 50 a distance of 80.78 feet to a point on the West line of Lot 2, WaI -Mart
Ocoee, according to the plat thereof, as recorded in Plat Book 48, Pages 122, 123, and 124,
Public Records of Orange County, Florida; thence departing said existing South right of way line
of State Road 50, run South 00 °11'21" East along said West line of Lot 2 a distance of 60.00
feet; thence departing said West line of Lot 2, run South 89 °48'39" West a distance of 61.00 feet
to a point on the East line of Tract D, aforesaid Wal -Mart Ocoee; thence run North 00 °11'21"
West along said East line of Tract D a distance of 25.00 feet; thence departing said East line of
Tract D, run North 29 °39'34" West a distance of 40.20 feet to the Point of Beginning.
Containing 4006 square feet, more of Tess.
And also,
PART B:
Commence at a 4 -inch by 4 -inch Concrete Monument stamped "PRM 4157" as shown on
Florida Department of Natural Resources Certified Corner Record Document No. 064992
marking the Southeast corner of the Southwest quarter of Section 29, Township 22 South,
Range 28 East, Orange County, Florida; thence run North 00 °16'56" West along the North -
South center -of- section line of said section 29 a distance of 5181.03 feet to a point on the
existing South right of way line of State Road 50 said point lying South 00 °16'56" East a
distance of 75.00 feet from the Centerline of Survey of State Road 50 as shown on Florida
Department of Transportation Right of Way Map Section 75050, Financial Project No. 239535 3;
thence departing said North -South center -of- section line of said section 29, run North 89 °48'39"
East along said existing South right of way line of State Road 50 a distance of 652.43 feet to a
point on the East line of Lot 3, Wal -Mart Ocoee, according to the plat thereof, as recorded in
Plat Book 48, Pages 122, 123, and 124, Public Records of Orange County, Florida for a Point of
Beginning; thence continue North 89 °48'39" East along said existing South right of way line of
State Road 50 a distance of 57.00 feet to a point on the West line of Lot 4, said Wal -Mart
Ocoee; thence departing said existing South right of way line of State Road 50, run South
00 °11'21" East along said West line of Lot 4 a distance of 55.00 feet; thence departing said
West line of Lot 4, run South 89 °48'39" West a distance of 57.00 feet to a point on the aforesaid
East line of Lot 3; thence run North 00 °11'21" West along said East line of Lot 3 a distance of
55.00 feet to the Point of Beginning.
Containing 3135 square feet, more of less.
Containing an aggregate total of 7141 square feet, more or less.
This legal description prepared under the direction of:
John J. Campbell, Jr.
Florida Registered Surveyor and Mapper No. 5522
Lochrane Engineering, Inc., LB 2856
201 South Bumby Avenue
Orlando, FL 32803
Date: April 5, 2005
AND
F.P. No. 239535 3 — Section 75050 — W.P.I. N/A — S.R. 50 from west of S.R. 429 to Good
Homes Road in Orange County
PARCEL No.137 RIGHT OF WAY
That part of:
Tract 8, ORLANDO GROVE Association, according to the plat thereof as
recorded in Plat Book E, Page 52, Public Records of Orange County, Florida.
(Said property being a portion of the lands as described in Official Records Book
2692, page 457, Official Record Book 3477, page 2471, Official Record Book
4876, page 4847, and Official Record Book 5992, page 4266, of the Public
Records of Orange County, Florida.)
described as follows:
Commence at a broken 6 -inch by 6 -inch concrete monument with a 1/2 -inch iron pipe with no
identification as shown on Florida Department of Natural Resources Certified Corner Record
Document No. 065160 marking the Northwest corner of the Southwest quarter of Section 21,
Township 22 South, Range 28 East, Orange County, Florida; thence run South 00 °22'46" East
along the West line of said Southwest quarter of Section 21 a distance of 2652.34 feet to the
Northwest corner of the Northwest quarter of Section 28, Township 22 South, Range 28 East,
Orange County, Florida; thence departing said West line of the Southwest quarter of Section 21,
run South 00 °11'55" West along the West line of said Northwest quarter of Section 28 a
distance of 7.12 feet to a point on the Centerline of Survey of State Road 50 as shown on
Florida Department of Transportation Right of Way Map Section 75050, Financial Project No.
239535 3; thence departing said West line of the Northwest quarter of Section 28, run North
89 °48'28" East along said Centerline of Survey a distance of 1572.83 feet to a point on the
Southerly projection of the West right of way line of Clarke Road; thence departing said
Centerline of Survey, run North 00 °13'42" West along said Southerly projection a distance of
75.00 feet to a point on the existing North right of way line of aforesaid State Road 50 as shown
on the aforesaid Right of Way Map for a Point of Beginning; thence run South 89 °48'28" West
along said existing North right of way line of State Road 50 a distance of 30.00 feet; thence
departing existing North right of way line of State Road 50, run North 44 °48'28" East a distance
of 42.40 feet to a point on the West right of way line of aforesaid Clarke Road; thence run South
00 °13'42" East along said West right of way line of Clarke Road a distance of 29.98 feet to the
Point of Beginning.
Containing 450 square feet, more or less.
This legal description prepared under the direction of:
John J. Campbell, Jr.
Florida Registered Surveyor and Mapper No. 5522
Lochrane Engineering, Inc., LB 2856
201 South Bumby Avenue
Orlando, FL 32803
Date: April 5, 2005
AND
F.P. No. 239535 3 — Section 75050 — W.P.I. N/A — S.R. 50 from west of S.R. 429 to Good
Homes Road in Orange County
PARCEL No.829
DRAINAGE EASEMENT LEFT (NORTH) STATION 858 +50 ±
That part of:
Tract 8, ORLANDO GROVE Association, according to the plat thereof as
recorded in Plat Book E, Page 52, Public Records of Orange County, Florida.
(Said property being a portion of the lands as described in Official Records Book
2692, page 457, Official Record Book 3477, page 2471, Official Record Book
4876, page 4847, and Official Record Book 5992, page 4266, of the Public
Records of Orange County, Florida.)
described as follows:
Commence at a broken 6 -inch by 6 -inch concrete monument with a 1/2 -inch iron pipe with no
identification as shown on Florida Department of Natural Resources Certified Corner Record
Document No. 065160 marking the Northwest corner of the Southwest quarter of Section 21,
Township 22 South, Range 28 East, Orange County, Florida; thence run South 00 °22'46" East
along the West line of said Southwest quarter of Section 21 a distance of 2652.34 feet to the
Northwest corner of the Northwest quarter of Section 28, Township 22 South, Range 28 East,
Orange County, Florida; thence departing said West line of the Southwest quarter of Section 21,
run South 00 °11'55" West along the West line of said Northwest quarter of Section 28 a
distance of 7.12 feet to a point on the Centerline of Survey of State Road 50 as shown on
Florida Department of Transportation Right of Way Map Section 75050, Financial Project No.
239535 3; thence departing said West line of the Northwest quarter of Section 28, run North
89 °48'28" East along said Centerline of Survey a distance of 1572.83 feet to a point on the
Southerly projection of the West right of way line of Clarke Road; thence departing said
Centerline of Survey, run North 00 °13'42" West along said Southerly projection a distance of
75.00 feet to a point on the existing North right of way line of aforesaid State Road 50 as shown
on the aforesaid Right of Way Map; thence run South 89 °48'28" West along said existing North
right of way line of State Road 50 a distance of 30.00 feet for a Point of Beginning; thence
continue South 89 °48'28" West along said existing North right of way line of State Road a
distance of 219.03 feet to a point on the West line of Lot 8, Orlando Groves Association Lake
Lotta Groves, according to the plat thereof, recorded in Plat Book E, Page 52, Public Records of
Orange County, Florida; thence departing said existing North right of way line of State Road 50,
run North 00 °11'06" West along said West line of Lot 8 a distance of 10.00 feet; thence
departing said West line of Lot 8, run North 89 °48'28" East, parallel with said existing right of
way line of State Road 50, a distance of 229.03 feet; thence run South 44 °48'28" West a
distance of 14.14 feet to the Point of Beginning.
Containing 2240 square feet, more or less.
This legal description prepared under the direction of:
John J. Campbell, Jr.
Florida Registered Surveyor and Mapper No. 5522
Lochrane Engineering, Inc., LB 2856
201 South Bumby Avenue
Orlando, FL 32803
Date: April 5, 2005