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Item #18 a.b. Substantial Amendment to the Approved Land Use for Arden Park PUDS > >e Ce nter of Good LIVE g AGENDA ITEM STAFF REPORT Meeting Date: February 19, 2013 Item # eviewed By: Contact Name: J. Antonio Fabre, AICP epartment Director: Contact Number: 407 - 905 - 3100/1019 City Manager: Subject: Substantial Amendment to the Approved Land Use Plan for Arden Park PUD Project No(s): RZ- 12 -07 -05 Commission District # 4 — Joel F. Keller Background /Summary: On November 21, 2006, the Arden Park PUD was officially approved (see attached Staff Report) by the City Commission. The PUD encompasses approximately 411.9 acres in size and is generally located on the north and south sides of Clarcona -Ocoee Road, west of Hobson Road, and east of Ingram Road. On November 6, 2007, the City Commission reviewed and approved the Preliminary /Final Subdivision Plan (PSP /FSP) for Arden Park South a 157 lot single - family residential subdivision. Arden Park South is the first phase of the approved Aden Park PUD. The requested actions in this amendment do not affect Arden Park South (Phase 1). At this time, Arden Park South is currently being constructed and will proceed with its current PSP /FSP development order. The Arden Park PUD was originally approved for a maximum of (595 SFR + 330 TH) 925 dwelling units. The Land Use Plan originally indicated townhomes on the northern portion of the PUD; however, due to the current market conditions, the applicant has modified the plan to include only single - family as the primary residential use. Accordingly, the Land Use Plan was amended to reflect the Applicant's request. The following modifications are also proposed with this amendment submittal: • No townhome component; • Maximum number of dwelling units 844; • All internal roadways will be private and gated; • On the Clarke Road extension only one access entrance to the PUD is proposed while two are proposed for the School Site; • The full access road connection on the extreme southeast portion of the PUD is proposed to be removed; • The Ingram Road access entrance and the access point on the northern adjacent property are proposed to be removed; • A new pedestrian connection on Ingram Road is proposed. • The amended residential lots by phases tables indicate that there will be 217, 42' x 120' lots with a minimum living area of 1,300 square feet, 310, 55' x 120' (99, PH1 125) lots with a minimum living area of 1,800 square feet, 169, 65' x 120' lots with a minimum living area 2,000 square feet, 90, 75' x 120' lots with a minimum living area of 2,400 square feet, and 58, 85' x 125' lots with a minimum living area of 2,400 square feet; • Rear setback change from 25' to 20' on all lots with 120' in length; • Perimeter features will include 6' high cementitious (or precast) wall system as an option; • One additional LDC waiver is requested with this PUD Amendment. The waiver request is for a 1,200' maximum length standard for roads ending in a cul -de -sac instead of the 800' maximum length Code standard. The waiver justification is to allow for tree preservation and /or grading transitions on north side of Lake Sims and other areas on property; • New single - family elevations were also submitted by the developer for your review and consideration. Issue Should the Mayor and City Commissioners approve the Substantial Amendment to the PUD Land Use Plan for Arden Park? Development Review Committee (DRC) Recommendation: On December 4, 2012, the DRC met to determine if the proposed Amendment to the PUD Land Use Plan was consistent with the City's regulations and policies. According to the City's Land Development Code, alterations to an approved PUD Land Use Plan shall be classified as either substantial or nonsubstantial by the DRC. The Committee determined that the proposed amendment was considered a substantial amendment due to the criteria established in the City's Land Development Code. There were several outstanding issues to be addressed from the Planning Division, Engineering Department and City Attorney's Office that were identified in the meeting. Discussion ensued on the updating of the Development Agreement in order to reflect the new agreed upon Conditions of Approval. When the discussion was finished, the Committee voted unanimously to recommend approval of the Amendment to the Arden Park PUD, subject to resolving the remaining staff comments before the City Commission meeting. Plannina & Zonina Commission Recommendation: The Planning and Zoning Commission reviewed the Substantial Amendment to the PUD Land Use Plan on December 11, 2012. City staff gave a brief overview of the project. Staff and the Applicant answered several questions regarding the proposed changes to the original PUD: perimeter wall materials, access points, waiver requests and road layouts. All of these questions were addressed adequately in the P &Z meeting. There was no one from the public to speak regarding this proposal. The P &Z Commission raised two commentaries regarding the Amendment to the PUD Land Use Plan. Chairman Campbell said that he likes the revised plan [conserving more environmental areas] as compared to the original Land Use Plan. Vice Chair McKey raised concerns with lot sizes, particularly the width because the biggest complaints HOAs get are parking issues. He further explained that 42' x 120' is a traditional lot size that the city has approved with alleys and anything shorter than 80 feet wide without alleys will create a future [parking] problem. After finishing its deliberations, the Planning & Zoning Commission voted to recommend approval (5 -1) of the Substantial Amendment to the PUD Land Use Plan, subject to resolving the remaining staff comments before the Ocoee City Commission meeting. Staff Recommendation Based on the recommendation of the DRC and Planning & Zoning Commission, Staff recommends that the Mayor and City Commissioners approve the Substantial Amendment to the PUD Land Use Plan for Arden Park, subject to resolving the remaining (see attached) staff comments. Attachments Location Map; Staff Report w/o attachments dated November 21, 2006; Staff Review Comments dated December 4, 2012; Ordinance Amending the PUD; Second Amendment to Development Agreement; Existing Approved Arden Park PUD Land Use Plan (Sheet 5 only) stamp dated November 21, 2006; Proposed Amendment to the Land Use Plan for Arden Park PUD. Financial Impact None. Type of Item (please mark with an z') X Public Hearing Ordinance First Reading X Ordinance Second Reading Resolution 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 Reviewed by Finance Dept. Reviewed by ( ) For Clerk's Dept Use: Consent Agenda Public Hearing Regular Agenda �� N/A N/A N/A A center S - n of Good zi,, AGENDA ITEM STAFF REPORT Meeting Date: November 21, 2006 Item # I Reviewed By. Contact Name: Bobby Howell Department Director: Contact Number: 407 - 905 - 3100/1044 City Manager: Subject: Arden Park Land Use Plan / PUD Rezoning Ordinance Project # RZ- 04 -08 -01 Commission District # 4 — Joel F. Keller Issue Should the Honorable Mayor and City Commissioners approve the Land Use Plan and PUD Rezoning Ordinance for Arden Park? Backciround Summary The subject property is located on the north and south sides of Clarcona -Ocoee Road, west of Hobson Road, and east of Ingram Road. The subject property is 411.9 acres in size and is currently zoned R -1AA (Single - Family Dwelling). The Future Land Use Map designates the property as Low Density Residential, with areas around Lakes Sims, Meadow, and Trout designated Conservation /Floodplains. To the north is property within the City that is zoned R -1AA, and property that is in unincorporated Orange County and is zoned agricultural. Both properties have a future land use designation of Low Density Residential. To the south is property that is in unincorporated Orange County that is zoned agricultural with a future land use designation of Low Density Residential and Conservation. From the portion of the property that is north of Clarcona -Ocoee Road, the properties to the west are in the City and consist of a golf course, an existing residential area, and a residential development, which is currently under construction. The properties have future land use designations of Recreation and Low Density Residential respectively. To the east is property that is within the City and is zoned Low Density (PUD) with a future land use designation of Low Density Residential. To the south of Clarcona -Ocoee Road the properties to the east and the west are in unincorporated Orange County with an agricultural zoning and have future land use designations of Low Density Residential. Clarcona -Ocoee Road and the West Orange Trail bisect the property dividing it into north /south zones. Lake Sims is in the center of the northern portion of the property, a portion of Meadow Lake is on the southern portion of the property, and Trout Lake is in the northeast corner of the portion of the property north of Clarcona -Ocoee Road. The property slops downward toward each of the lakes, with each lake having an associated wetland system. There is a natural spring that is in the northwestern area of the property within the vicinity of Ingram Road. There are rows of planted pine trees along the northern and eastern portions of the property, and a cleared area that consists of abandoned agricultural buildings along the western portion of the property that fronts Ingram Road. The property exhibits significant topographic relief. City of Ocoee - Docur -rent Managemeii.. ystern DISCUSSION: The request is to rezone the property to PUD (Planned Unit Development). The land use plan that was submitted for approval proposes 925 dwelling units mixed between single - family and townhome units with a maximum density of 2.96 dwelling units per acre. This density is consistent with the underlying land use and represents a similar density contained in a conventional single - family development. The plan proposes development of the project in six phases. The developer has proposed an enhancement plan for the wetland and floodplain areas around Lakes Sims and Meadow. An assessment indicates areas of invasive /exotic vegetation within the wetland and floodplain areas of these lakes. This plan details the removal of all invasive vegetation, and details replacement of such vegetation types with pickerelweed and Bald Cypress trees. A maintenance program is proposed for the enhanced wetland and floodplain areas to ensure that these areas are free from invasive /exotic vegetation. Additionally, the developer has proposed areas of limited grading to allow preservation of many specimen trees exceeding 24- inches in diameter throughout the property, During development activity in these areas, these trees will be protected with tree protection zones. The areas of limited grading are located in southwest quadrant of the portion of the site that is south of Clarcona -Ocoee Road, along the west side of Lake Sims on the northern portion of the site, and throughout a sizeable portion of the eastern portion of the site adjacent to the Clarke Road extension. The land use plan indicates the townhomes will be constructed in Phases 2 and 5, with a minimum square footage of 1,300 square feet, and a minimum lot size of 20' x 110'. Access to the townhomes will be via alleyways. The single - family units will be constructed in all 6 phases, with a minimum square footage of 1,400 square feet. According to the plan summary by phase contained within the land use plan, there will be 475, 55' x 125' single - family lots with units averaging 2,200 square feet in size, 26, 75'x 125' single - family lots with units averaging 2,500 square feet in size, and 94, 85' x 125' single - family lots with units averaging 3,000 square feet in size. Elevations that were submitted by the developer indicate housing styles for the single - family units will range from Spanish Eclectic to Craftsman, and will consist of French Country, Cottage Farm, and Craftsman styles for the townhomes. Each of the 925 lots will be graded on an individual basis to allow for increased tree protection on the site. The developer has agreed to construct a portion of the proposed Clarke Road extension along the eastern portion of the northern portion of the property, and will dedicate varying widths of right -of -way for the road. The main access point will be constructed along this segment of Clarke Road. In addition, the land use plan indicates approximately 15 acres will be dedicated to the School Board for an elementary school. The elementary school site will be accessed from the Clarke Road extension at a secondary entry point. Access to the remaining northern portion of the development will be from 2 points, one on Clarcona -Ocoee Road, and one on Ingram Road. The developer has indicated that right -of -way will be dedicated along Ingram Road to maintain a 60 -foot wide right -of -way. Orange County has indicated that Clarcona -Ocoee Road will be widened into a 4 -lane segment throughout this area. The property owner has reserved a sufficient amount of right -of -way to maintain a 180 -foot section of right -of -way along Clarcona -Ocoee Road to allow for the future widening. On the portion of the property that is north of Clarcona -Ocoee Road, the access points will converge into a loop road that will circle the perimeter of Lake Sims. As each phase is constructed, access roads leading from the loop road to each individual phase will be constructed, thus forming the internal street network. The developer will be responsible for curb, gutter, and drainage improvements along the portion of Ingram Road that abuts the northern portion of the development, and for the full cost of a traffic signal at the intersection of Clarcona -Ocoee Road and the Clarke Road in lieu of dedicating right -of -way for the widening of Clarcona - Ocoee Road. Turning lanes will be provided at each entrance consistent with the traffic mitigation Table -1. City of Ocoee - DocLirTle..rtt Mafiagernefit Sy sterrr The land use plan designates a large area around the perimeter of Lake Sims for amenities for the portion of the property that is north of Clarcona -Ocoee Road, and a smaller area for the portion of the property that is located south of Clarcona -Ocoee Road. The area around Lake Sims will contain a community meeting room, swimming pool, gazebos, tot lot, barbeque area, workout circuit, and basketball court. The homeowners association will be responsible for maintenance of these amenities. This area will be contained within a preservation area that is associated with the wetlands and 100 -year floodplain areas that surround the lake. The portion of the property that is south of Clarcona -Ocoee Road will have a tot lot and picnic pavilion as amenities. In addition, stormwater facilities are proposed to be constructed within the 100 -year floodplain of Lakes Sims and Meadow on both the northern and southern portions of the property. The land use plan proposes buffering around the perimeter of the entire property, and around Lakes Sims and Meadow. A 6 -foot high brick wall with associated landscaping will be provided along the areas that abut Clarcona -Ocoee Road, the West Orange Trail, Ingram Road, the Clarke Road extension along the northern portion of the property, and the area along the western portion of the property located south of Clarcona -Ocoee Road. A 6 -foot high PVC fence with associated landscaping will be provided along the northern boundary of the property on the northern side of Clarcona -Ocoee Road, the existing residential area located along Ingram Road, and along the eastern and southern portions of the project that is located south of Clarcona -Ocoee Road. As mentioned above, buffers will be provided around Lakes Sims and Meadow in addition to the required 25 -foot wetland /floodplain buffer. These buffers will be provided to assist in enhancement of the wetland systems that are associated with these lakes, and will be comprised of plant types that are conducive to wetland environments such as Bald Cypress trees and cordgrass. In addition to property being divided by Clarcona -Ocoee Road, the northern boundary of the City's utility service boundary bisects the property along Clarcona -Ocoee Road. Water and sewer services for the northern portion of the property will be provided by Orange County, with the City of Ocoee providing services on the portion of the property that is south of Clarcona -Ocoee Road, The developer has indicated that Orange County Utilities has verbally confirmed that a 16 -inch water main is planned for construction along Ingram Road, which would serve the property. In addition, the City will provide reuse services to the property for irrigation purposes. The reuse lines will be supplied from the extension of the existing reuse system along Clarke Road. The City has worked with the developer to preserve and enhance the natural beauty of the site. Natural site amenities such as a spring on the northern portion of the site, a 2 % acre pond on the southern portion of the site, and a majority of all trees over 24- inches in diameter on the site will be preserved. Environmental enhancements around Lakes Sims and Meadow will be performed. Many of the preservation and enhancement activities that will be undertaken require the development of the property in a manner that is not consistent with the requirements of the Land Development Code. Waivers from certain requirements of the Land Development Code have been requested to allow the proposed preservation and enhancement activities to occur on site. In addition to these waiver requests, a waiver has been requested to allow deferment of the construction of the Community Meeting Room to the time the 200` Certificate of Occupancy has been issued. The waiver requests have been provided in Table 2 of the land use plan. DEVELOPMENT REVIEW COMMITTEE RECOMMENDATION: The Development Review Committee (DRC) met on September 18, 2006 and reviewed the PUD Land Use Plan. The applicant was notified that additional fees had accrued and must be paid prior to the project going to Planning & Zoning Commission. It was discussed between staff and the applicant that phases of the project could be developed out of sequence due to issues with on -site drainage that have yet to be satisfied. In addition, the schedule for construction of the Clarke Road extension, and responsibility for the signal at the intersection of the Clarke Road extension and Clarcona -Ocoee Road were discussed. It was conveyed to the applicant that issues related to the signal should be coordinated with Orange County. The DRC voted unanimously to recommend approval of the PUD Land Use Plan subject to all changes that were discussed, and subject to the resolution of all the outstanding items being satisfied prior to the request being scheduled for Planning & Zoning Commission approval. City of Ocoee - Document Managernent Systern PLANNING & ZONING COMMISSION RECOMMENDATION: The proposed Arden Park Land Use Plan / PUD Rezoning was reviewed at a Public Hearing by the Planning and Zoning Commission on October 10, 2006. City Staff and the Applicant answered several questions regarding tree preservation, proposed littoral zones, wetlands, conservation areas, the future roadway widening, alignments and extensions. The northern abutting property owner had several questions about the proposed grading in relationship to his property. The applicant's engineer answered his questions accordingly stating the property will be graded in a fashion that it will drain into Trout Lake. The abutting property owner appeared to be satisfied with the responses to his questions. After finishing its deliberations, the Planning & Zoning Commission voted unanimously (8 -0) to recommend approval of the Arden Park Land Use Plan / PUD Rezoning. Staff Recommendation Based on the recommendation of the DRC and the Planning & Zoning Commission, Staff respectfully recommends that the Honorable Mayor and City Commissioners approve an ordinance rezoning the property from City of Ocoee R -1AA (Single - Family Dwelling) to PUD based upon approval of the Land Use Plan, as date stamped received by the City on October 27, 2006; subject to 1) the developer agreeing to the timing and payment of the required traffic signal at the intersection of Clarke Road and Clarcona -Ocoee Road by incorporating a revised Condition of Approval 48 (xv) as attached; 2) adding the transition of an 80 -foot section of right -of -way from a 110 -foot section along Clarke Road and identifying the width of each right -of -way section in Table 1; and 3) noting the correct property owner on the second page of the plans. Attachments: Location Map; Surrounding Zoning Map; Surrounding Future Land Use Map; Revised Condition of Approval 48 (xv); PUD Rezoning Ordinance; Draft Development Agreement; PUD Land Use Plan date - stamped October 27, 2006. Financial Impact None. Type of Item (please mark with an "x') X Public Hearing For Clerk's Dept Use Ordinance First Reading X Ordinance Second Reading Consent Agenda Resolution X Public Hearing X Commission Approval Regular Agenda Discussion & Direction Original Document/Contract Attached for Execution by City Clerk Original Document/Contract Held by Department for Execution Reviewed by City Attorney Reviewed by Finance Dept_ Reviewed by ( ) _ N/A X N/A N/A City of 6 o a1 - E7::i.Gr 9 Flt r4,)J JP3. Ma or S. Scott Vandergrift City Manager Robert Frank December 4, 2012 Jeffrey Rapson CourtStreet Partners 1211 Orange Avenue, Suite 204 Winter Park, Florida 32789 RE: ARDEN PARK PUD AMENDMENT TO THE PUD /LAND USE PLAN RZ- 12 -07 -05 2 nd REVIEW Dear Jeffrey Rapson: Commissioners Gary Hood, District 1 Rosemary Wilsen, District 2 PUSty Johnson, District 3 Joel F. Keller, District 4 Thank you for your submittal for the above - mentioned project. We have attached staff comments that are in response to your submittal. In your written response, we ask that you indicate how each comment was addressed. The Development Review Committee meeting has been scheduled for December 4, 2012, at 10:30am. If you have any questions, please contact me. Thank you! Sincerely, Sherry Seaver Sherry Seaver, Development Review Coordinator Planning Division Attachment Cc: Scott Cookson, City Attorney Mike Rumer, City Planner Engineering Department Project File Community Development \Planning Division \DEVELOPMENT REVIEW \Projects 2012\Arden Park\Arden Park PUD & LUP Amendment\2nd Review \DRCArdenPark2.doc City of Ocoee - 150 N Lakeshore Drive - Ocoee. Florida 34761 phone: (407) 905 -3100 - fax: (407) 905 -3167 - www.ocoee.org e nter of GO r , ANTONIO FABRE PRINCIPAL PLANNER (407) 905 -3100 Extension 1019 These comments list the concerns of the Planning Division related to the current Amendment to the PUD Land Use Plan submittal, received November 9, 2012 (Table 1 received November 16, 2012). Please provide written responses to each review comment. 1. Resolved. 2. Resolved. 3. Resolved. 4. Resolved. 5. Resolved. 6. Resolved. 7. Resolved. 8. Resolved. 9. [Repeat Comment 8- 24 -12] On Sheet 5, under Development Standards and in the Phasing Table, delete all references to parking data and standards. • On Sheet 5, under Development Standards delete the words, "Required Parking: See Phasing Table." • On Sheet 5, delete the last (parking) column on the Arden Park Phasing Table. 10. Resolved. 11. Resolved. 12. Resolved. 13. [Repeat Comment 8- 24 -12, Modified] On Sheet 6, under Table 1, the first item should reference Phase 1 of the approved Land Use Plan. • Please include Phase 1 off -site improvements on Table 1. • On the "Traffic Signal Payment' line item, delete the words, "(Done)". • Under Amenities should the last two line items reference "Lake Meadow" instead of "Lake Sims "? Please review and revise accordingly. • Please include the proposed amenities for Phase 1 FSP. 14. Resolved. 15. [Repeat Comment 8- 24 -12, Modified] On Sheet 6, Table 2 should be label as "Approved Waivers for the Arden Park PUD ". Furthermore, revise the additional waiver title to "Additionally Proposed with PUD Revision." 16. Resolved. 17. [Repeat Comment 8- 24 -12] On Sheet 10, include the agreed upon Conditions of Approval when available. Please note, COA(s) numbers do not change if it is agreed to be omitted then insert " Intentionally deleted after the strikethrough. 18. [Repeat Comment 8- 24 -12] Please be advised that a "First Amendment to Development Agreement" has been executed and recorded. This amendment changed COA 77 to what the applicant is proposing with this submittal. Therefore, the Applicant should provide a proposed draft for the "Second Amendment to Development Agreement." This Amendment Agreement should only take into consideration proposed COA(s) changes and any new COA(s). Please note, the Applicant is requesting several additional changes that appear to be only for clarifications purposes. Staff suggests going over these in a TSRC meeting. It a some COA(s) interpretations and clarifications can be handled administratively. ppears that • The Planning Division will defer to the City Attorney's Office for verification of completion of the Second Amendment to Development Agreement. 19. Resolved. 20. The Traffic Impact Study needs to be finalized with a specific operational improvements /mitigation strategy (LDC, Article VI, Section 6 -14, C, (1), (d), v). The Planning Division will defer to the City's Transportation Planners (RPG) for verification of completion of the required traffic impact study. 21. On Sheet 5, under Arden Park Phasing Table, delete the words " market conditions" (if wanted, may substitute site conditions) on Note 2. 22. On Sheet 5, under Arden Park Phasing Table, the second sentence on Note 3 is not applicable with this last submittal. In addition, please note 157 plus 680 does not equal 844. Please review and revise Note 3 accordingly. 23. On Sheet 6, cross - section "13 -13" roadway should be "Clarke Road" not "Clarcona -Ocoee Road ". DAVID WHEELER CITY ENGINEER (407) 905 -3100 Extension 1505 The following are the results of your submittal for the above referenced project received on November 9, 2012. 1. Resolved 2. Resolved 3. Acknowledged 4. Resolved 5. Resolved 6. Resolved 7. Resolved 8. Acknowledged 9. Acknowledged 10. Resolved 11. In the revised COAs, #19, the street lights will be installed per each phase e issuance of the C -of -C. City will issue a Substantial Completion notice but wil not t allow a Certificate of Completion to be issued without the street lights installed for a particular phase. 12. Resolved 13. Resolved 14. Resolved SHAWN SORENSON FIRE INSPECTOR (407) 905 -3140 Ext 2112 No comments at this time. TYRONE K. SMITH OCPS (407) 317 -3200 ext 2898 No comments at this time. NICK LEPP RENAISSANCE PLANNING GROUP (407) 487 -0061 Extension 129 Renaissance Planning Group has reviewed the referenced traffic impact study, received November, 2012. We have no comments on the site plan at this time; however, reserve the right to comm t further after review of the revised Traffic Study. SCOTT A. - 00 SON CITY ATTORNEY (407) 581 -9800 en Based upon our review of the documents noted above and pursuant to the Land Development Code of the City of Ocoee, we have the following comments: 1. Please explain why the easement reflected on the Title Report as exception # 4 (Book 2321, Page 271) does not appear on the Survey. 2. Please explain why the Utility Easement recorded at Book 2447, Page 1367 and the Utility Easement recorded at Book 2420, Page 1074 reflected on the Survey are not referenced in the Title Report. 3 Please provide a copy of the Survey that has been signed and sealed by the Surveyor. MICHAEL RUMER CITY PLANNER (407) 905 -3157 All comments have been resolved. ORDINANCE NO. (Amendment to PUD Ordinance for Arden Park) TAX PARCEL ID #: 04- 22 -28- 0000 -00 -001 04- 22 -28- 8312 -00 -100 CASE NO. RZ- 12- 07 -05: ARDEN PARK PUD AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA APPROVING A SUBSTANTIAL AMENDMENT TO THE LAND USE PLAN FOR THE ARDEN PARK PUD ON CERTAIN REAL PROPERTY LOCATED NORTH AND SOUTH OF CLARCONA OCOEE ROAD, WEST OF CLARKE ROAD AND EAST OF INGRAM ROAD AS PETITIONED BY THE PROPERTY OWNER; AMENDING THE ARDEN PARK PUD LAND USE PLAN TO PROVIDE FOR A REDUCTION IN OVERALL DENSITY AND TO ELIMINATE MULTI - FAMILY HOUSING UNITS WITHIN THE ARDEN PARK PUD; REPEALING INCONSISTENT ORDINANCES; PROVIDING FOR SEVERABILITY; PROVIDING AN EFFECTIVE DATE. WHEREAS, the owner or owners (the "Applicant ") of certain real property located within the corporate limits of the City of Ocoee, Florida, as described in the Exhibit "A" attached hereto has petitioned the City Commission of the City of Ocoee, Florida (the "Ocoee City Commission ") to approve an amendment (the "Amendment ") to the Arden Park PUD Land Use Plan, as approved by the Ocoee City Commission on November 21, 2006 (the "Land Use Plan "); and WHEREAS, the Amendment proposes to reduce the overall density of the PUD and eliminate multi - family housing units from the PUD; and WHEREAS, the Amendment was scheduled for study and recommendation and was reviewed by the Development Review Committee ( "DRC ") on December 4, 2012; and WHEREAS, the DRC recommended approval of said Amendment; and WHEREAS, the Amendment was scheduled for study and recommendation by the Planning and Zoning Commission of the City of Ocoee, Florida (the "Planning and Zoning Commission "); and WHEREAS, on December 11, 2012, the Planning and Zoning Commission held an advertised public hearing on the Application and recommended approval of the Amendment; and WHEREAS, on , the Ocoee City Commission held a de novo advertised public hearing with respect to the proposed Amendment and this Ordinance and determined that the Amendment and this Ordinance are consistent with the 1991 City of Ocoee Comprehensive Plan as set forth in Ordinance #91 -28, adopted September 18, 1991, as amended; and WHEREAS, the Ocoee City Commission considered this Ordinance in accordance with the procedures set forth in Section 166.041 (3), Florida Statutes. NOW, THEREFORE, BE IT ENACTED BY THE CITY COMMISSION OF THE CITY OF OCOEE, FLORIDA, AS FOLLOWS: SECTION 1. Authority The City Commission of the City of Ocoee has the authority to adopt this Ordinance pursuant to Article VIII of the Constitution of the State of Florida and Chapters 163 and 166, Florida Statutes. SECTION 2. Amendment to the Land Use Plan The Amended Land Use Plan prepared by Court Street Partners, date stamped received by the City on with such additional revisions thereto, if any, as may be reflected in the minutes of the City Commission of the City of Ocoee meeting approving same is hereby approved, subject to the Conditions of Approval set forth in Section 3 below. The Amended Land Use Plan is attached hereto as Exhibit "B" and by this reference made a part hereof. Said Amended Land Use Plan supercedes and replaces the previously approved Land Use Plans for the Arden Park PUD. All references to the Land Use Plan or the Amended Land Use Plan for the Arden Park PUD shall hereafter refer to the attached Amended Land Use Plan. SECTION 3. Conditions of Approval The property described in Exhibit "A" hereto shall be developed in accordance with and subject to the Conditions of Approval set forth in the Amended Land Use Plan. Notwithstanding anything herein to the contrary, in the event of any conflict between the Arden Park Land Use Plan referenced in Section 2 above and the Conditions of Approval, the Conditions of Approval shall control. SECTION 4. Ocoee Comprehensive Plan The Ocoee City Commission hereby finds that this Ordinance is consistent with the Ocoee Comprehensive Plan. SECTION 5. Conflicting Ordinances All ordinances or parts of ordinances in conflict or inconsistent herewith are hereby repealed and rescinded. SECTION 6. Severability If any section, subsection, sentence, clause, phrase, or portion of this Ordinance 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. SECTION 7. Effective Date This Ordinance shall become effective ten (10) days after its passage and adoption. -2- PASSED AND ADOPTED this ATTEST: Beth Eikenberry, City Clerk (SEAL) FOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE, FLORIDA; APPROVED AS TO FORM AND LEGALITY this _ day of 20 SHUFFIELD LOWMAN & WILSON, P.A. By: City Attorney day of .20 APPROVED: CITY OF OCOEE, FLORIDA S. Scott Vandergrift, Mayor ADVERTISED , 20 READ FIRST TIME .20 READ SECOND TIME AND ADOPTED .20 UNDER AGENDA ITEM NO. EXHIBIT "A" Legal Description THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE COUNTY OF Orange, STATE OF FL, AND IS DESCRIBED AS FOLLOWS: PARCEL 1 LOTS 1, 2 AND 3, EMMA A. STIEFF SUBDIVISION, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK G, PAGE 106, PUBLIC RECORDS OF ORANGE COUNTY, FLORIDA, LESS COUNTY ROAD RIGHT-OF-WAY. AND BEGIN 13.80 CHAINS EAST OF SOUTHWEST CORNER OF NORTHWEST 1/4, SECTION 4, TOWNSHIP 22 SOUTH, RANGE 28 EAST, RUN NORTH 25.31 CHAINS, THENCE EASTERLY IN CENTER OF ORANGE BELT RAILROAD 19.68, CHAINS, THENCE SOUTH 26.38 CHAINS, THENCE EAST 8.42 CHAINS, THENCE NORTH 40 CHAINS, THENCE WEST 40 CHAINS, THENCE SOUTH 40 CHAINS, EAST 13.80 CHAINS, LESS RAILROAD RIGHT -OF -WAY AND LESS COUNTY ROAD RIGHT -OF -WAY. AND BEGINNING AT A POINT IN THE CENTER OF A.C.L. RAILROAD RIGHT -OF -WAY 910.8 FEET EAST AND 978.27 FEET, MORE OR LESS SOUTH OF THE NORTHWEST CORNER OF SECTION 4, TOWNSHIP 22 SOUTH, RANGE 28 EAST, RUN THENCE SOUTH 1606.07 FEET, MORE OR LESS, TO THE SOUTH LINE OF THE NORTHWEST 1/4 OF SAID SECTION 4, THENCE EAST 517.8 FEET, MORE OR LESS, TO THE SOUTHWEST CORNER OF LOT 3, OF EMMA A. STIEFF SUBDIVISION, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK G, PAGE 106, OF THE PUBLIC RECORDS OF ORANGE COUNTY, FLORIDA, THENCE NORTH ALONG THE WEST LINE OF SAID LOT TO THE CENTER LINE OF THE A.C.L. RAILROAD RIGHT -OF -WAY, THENCE WESTERLY ALONG THE CENTER LINE OF SAID RAILROAD TO THE POINT OF BEGINNING, AND LESS COUNTY ROAD RIGHT -OF -WAY. um THE SOUTH 1/2 OF THE SOUTHEAST 1/4 OF THE SOUTHWEST 1/4 OF SECTION 33, TOWNSHIP 21 SOUTH, RANGE 28 EAST, LESS EAST 30 FEET FOR ROAD RIGHT -OF- WAY, ORANGE COUNTY, FLORIDA. AND THE NORTH 1/2 OF THE SOUTHEAST 1/4 OF THE SOUTHWEST 1/4 OF SECTION 33, TOWNSHIP 21 SOUTH, RANGE 28 EAST, LESS THE EAST 30 FEET FOR ROAD RIGHT - OF -WAY, ORANGE COUNTY, FLORIDA. -4- AND THE NORTHEAST 1/4 OF THE SOUTHWEST 1/4 OF SECTION 33, TOWNSHIP 21 SOUTH, RANGE 28 EAST, ORANGE COUNTY, FLORIDA. AND THE NORTHEAST 1/4 OF THE SOUTHEAST 1/4 AND THE NORTH 130 FEET OF THE SOUTHEAST 1/4 OF THE SOUTHEAST 1/4 OF SECTION 32, TOWNSHIP 21 SOUTH, RANGE 28 EAST, ORANGE COUNTY, FLORIDA, LESS THE WEST 30 FEET FOR ROAD RIGHT -OF -WAY. AND THE NORTHWEST 1/4 OF THE SOUTHWEST 1/4 AND THE NORTH 130 FEET OF THE SOUTHWEST 1/4 OF THE SOUTHWEST 1/4 OF SECTION 33, TOWNSHIP 21 SOUTH, RANGE 28 EAST, ORANGE COUNTY, FLORIDA. PARCEL 2 THE SOUTHEAST 1/4 OF THE SOUTHEAST 1/4 OF SECTION 32, TOWNSHIP 21 SOUTH, RANGE 28 EAST, AND THE SOUTHWEST 1/4 OF THE SOUTHWEST 1/4 OF SECTION 33, TOWNSHIP 21 SOUTH, RANGE 28 EAST (LESS 528 FEET OFF THE SOUTH SIDE OF BOTH SECTIONS AND LESS 130 FEET OFF THE NORTH SIDE OF BOTH SECTIONS) ORANGE COUNTY, FLORIDA. _ is , THE SOUTH 528 FEET OF THE SOUTHEAST/40F THE SOUTHEAST/40F SECTION 32, TOWNSHIP 21 SOUTH, RANGE 28 EAST, AND THE SOUTH 528 FEET OF THE SOUTHWEST '/4 OF THE SOUTHWEST ' /4 OF SECTION 33, TOWNSHIP 21 SOUTH, RANGE 28 EAST, ORANGE COUNTY, FLORIDA. LESS AND EXCEPT THAT PART CONVEYED TO ORANGE COUNTY BY WARRANTY DEED RECORDED MARCH 3, 2008 IN BOOK 9613, PAGE 3340, DESCRIBED AS FOLLOWS: PARCEL 1091 ESTATE, FEE SIMPLE PURPOSE: ROAD RIGHT -OF -WAY A PORTION OF THE NORTHWEST 1/4 OF THE NORTHWEST 1/4 OF SECTION 4, TOWNSHIP 22 SOUTH, RANGE 28 EAST, ORANGE COUNTY, FLORIDA, LESS COUNTY ROAD RIGHT -OF -WAY, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE NORTHWEST CORNER OF THE NORTHWEST 1/4 OF SAID SECTION 4; THENCE SOUTH 02 °35'53" WEST, A DISTANCE OF 1057.94 FEET TO THE POINT OF BEGINNING; THENCE SOUTH 88 °45'18" EAST, A DISTANCE OF 23.88 FEET -5- TO THE POINT ON THE ARC OF A NON - TANGENT CURVE CONCAVE TO THE SOUTHEAST HAVING A RADIUS OF 1,701.20 FEET, A CENTRAL ANGLE OF 25 ° 43'07" AND A CHORD OF 757.23 FEET THAT BEARS NORTH 76 0 56'53" EAST; THENCE EASTERLY ALONG THE ARC OF SAID CURVE, 763.63 FEET; THENCE NORTH 89 0 48'26" EAST, A DISTANCE OF 716.49 FEET TO A POINT OF CURVATURE OF A CURVE CONCAVE NORTHWEST HAVING A RADIUS OF 2,490.00 FEET, A CENTRAL ANGLE OF 28 0 13'36" AND A CHORD OF 1,214.33 FEET THAT BEARS NORTH 75 0 41'38" EAST; THENCE EASTERLY ALONG THE ARC OF SAID CURVE, A DISTANCE OF 1,226.69 FEET; THENCE SOUTH 00 °40'19" WEST, A DISTANCE OF 125.65 FEET TO THE POINT ON THE ARC OF A NON - TANGENT CURVE CONCAVE TO THE NORTHWEST HAVING A RADIUS OF 1,612.22 FEET, A CENTRAL ANGLE OF O1 0 59'13" AND A CHORD OF 55.90 FEET THAT BEARS SOUTH 61 WEST; THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE, 55.91 FEET TO THE POINT ON THE ARC OF A NON - TANGENT CURVE CONCAVE TO THE NORTHWEST HAVING A RADIUS OF 1,884.86 FEET, A CENTRAL ANGLE OF 27 °06'45" AND A CHORD OF 883.62 FEET THAT BEARS SOUTH 76 0 22'07" WEST; THENCE WESTERLY ALONG THE ARC OF SAID CURVE, 891.92 FEET; THENCE SOUTH 89 °55'30" WEST, A DISTANCE OF 236.97 FEET; THENCE NORTH 00 0 04'30" WEST, A DISTANCE OF 5.00 FEET; THENCE SOUTH 89 0 55'30" WEST, A DISTANCE OF 648.76 FEET TO THE POINT ON THE ARC OF A NON - TANGENT CURVE CONCAVE TO THE SOUTHEAST HAVING A RADIUS OF 1,938.86 FEET, A CENTRAL ANGLE OF 16 °21'46" AND A CHORD OF 551.83 FEET THAT BEARS SOUTH 81 WEST; THENCE WESTERLY ALONG THE ARC OF SAID CURVE, 553.71 FEET; THENCE SOUTH 16 0 25'46" EAST, A DISTANCE OF 5.00 FEET; THENCE SOUTH 73 0 34'14" WEST, A DISTANCE OF 197.11 FEET; THENCE SOUTH 16 0 25'46" EAST, A DISTANCE OF 50.00 FEET; THENCE SOUTH 73°34'14" WEST, A DISTANCE OF 38.30 FEET TO A POINT OF CURVATURE OF A CURVE CONCAVE SOUTHEAST HAVING A RADIUS OF 210.44 FEET, A CENTRAL ANGLE OF 17 0 49'44" AND A CHORD OF 65.22 FEET THAT BEARS SOUTH 64 0 39'22" WEST; THENCE WESTERLY ALONG THE ARC OF SAID CURVE, A DISTANCE OF 65.48 FEET TO THE POINT ON THE ARC OF A NON - TANGENT CURVE CONCAVE TO THE SOUTHWEST HAVING A RADIUS OF 114.83 FEET, A CENTRAL ANGLE OF 53 0 16'33" AND A CHORD OF 102.97 FEET THAT BEARS NORTH 20 0 00'14" WEST; THENCE NORTHERLY ALONG THE ARC OF SAID CURVE, 106.77 FEET; THENCE NORTH 46 0 38'30" WEST, A DISTANCE OF 12.64 FEET; THENCE NORTH 02 °35'53" EAST, A DISTANCE OF 4.57 FEET TO THE POINT OF BEGINNING. LESS AND EXCEPT ANY PART LYING IN ROAD RIGHT OF WAY. ALL BEING MORE PARTICULARLY DESCRIBED AS PARCELS A AND B: PARCEL A A PORTION OF LAND LYING IN SECTION 4, TOWNSHIP 22 SOUTH, RANGE 28 EAST, ORANGE COUNTY, FLORIDA, INCLUDING PART OF LOTS 1, 2 AND 3, EMMA A. STIEFF SUBDIVISION, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK G, PAGE 106 OF THE PUBLIC RECORDS OF ORANGE COUNTY, FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: m COMMENCE AT THE NORTH 1/4 CORNER OF SAID SECTION 4; THENCE RUN SOUTH 01 WEST ALONG THE EAST LINE OF THE NORTHWEST 1/4 OF SAID SECTION 4 FOR A DISTANCE OF 847.14 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID EAST LINE RUN SOUTH 01 WEST FOR A DISTANCE OF 1839.23 FEET TO THE CENTER OF SAID SECTION 4, ALSO BEING A POINT ON THE SOUTH LINE OF THE NORTHWEST 1/4 OF SAID SECTION 4; THENCE DEPARTING SAID EAST LINE RUN SOUTH 89 WEST ALONG SAID SOUTH LINE, FOR A DISTANCE OF 2651.43 FEET TO A POINT ON THE EASTERLY RIGHT -OF- WAY LINE OF CLARCONA -OCOEE ROAD; THENCE DEPARTING SAID SOUTH LINE RUN NORTH 02 °44'31" EAST ALONG SAID EASTERLY RIGHT -OF -WAY LINE FOR A DISTANCE OF 1367.98 FEET TO A POINT OF CURVATURE OF A CURVE CONCAVE SOUTHEASTERLY AND HAVING A RADIUS OF 150.46; THENCE DEPARTING SAID EASTERLY RIGHT -OF -WAY LINE RUN NORTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 70 0 46'57" FOR AN ARC DISTANCE OF 185.88 FEET TO A POINT OF TANGENCY ALSO BEING A POINT ON THE SOUTHERLY RIGHT -OF- WAY LINE OF WEST ORANGE TRAIL / CLARCONA-OCOEE ROAD; THENCE CONTINUING ALONG SAID SOUTHERLY RIGHT -OF -WAY LINE RUN NORTH 73 0 31'28" EAST FOR A DISTANCE OF 210.06 FEET TO A POINT OF CURVATURE OF A CURVE CONCAVE SOUTHERLY AND HAVING A RADIUS OF 1824.86 FEET; THENCE RUN EASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 16 0 21'16" FOR AN ARC DISTANCE OF 520.89 FEET TO A POINT OF TANGENCY; THENCE RUN NORTH 89 0 52'44" EAST FOR A DISTANCE OF 885.73 FEET TO A POINT OF CURVATURE OF A CURVE CONCAVE NORTHERLY AND HAVING A RADIUS OF 1994.82 FEET; THENCE RUN EASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 27 0 10'22" FOR AN ARC DISTANCE OF 946.05 FEET TO A POINT OF COMPOUND CURVATURE OF A CURVE CONCAVE NORTHERLY AND HAVING A RADIUS OF 1722.16 FEET; THENCE RUN EASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 00 0 30'15" FOR AN ARC DISTANCE OF 15.15 FEET THE TO AFORESAID POINT OF BEGINNING. PARCEL B THAT PART OF SECTIONS 32 AND 33, TOWNSHIP 21 SOUTH, RANGE 28 EAST, AND THAT PART OF SECTION 4, TOWNSHIP 22 SOUTH, RANGE 28 EAST, ORANGE COUNTY, FLORIDA, DESCRIBED AS FOLLOWS: COMMENCE AT THE NORTH 1/4 CORNER OF SAID SECTION 4; THENCE RUN S89 0 33'56 "W ALONG THE NORTH LINE OF THE NORTHWEST 1/4 OF SAID SECTION 4 FOR A DISTANCE OF 30.00 FEET TO A POINT ON THE WEST RIGHT -OF -WAY LINE OF HOBSON ROAD AND THE POINT OF BEGINNING; THENCE RUN THE FOLLOWING TWO (2) COURSES AND DISTANCES ALONG THE WEST RIGHT -OF -WAY LINE OF HOBSON ROAD, AS SHOWN ON THE ORANGE COUNTY RIGHT -OF -WAY PLANS, PROJECT NO. Y9 -821: S89 °33'56 "W, 2.31 FEET; THENCE RUN S00 °26'55 "W FOR A DISTANCE OF 730.48 FEET TO THE NORTHERLY RIGHT -OF -WAY LINE OF WEST ORANGE TRAIL CLARCONA -OCOEE ROAD; THENCE RUN THE FOLLOWING COURSES AND DISTANCES ALONG SAID NORTHERLY RIGHT -OF -WAY LINE FROM A NON - TANGENT CURVE CONCAVE NORTHWESTERLY HAVING A RADIUS OF 1612.16 FEET AND A CHORD BEARING OF S61 °45'06 "W; THENCE RUN SOUTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL -7- ANGLE OF 01 FOR A DISTANCE OF 53.71 FEET TO THE POINT OF COMPOUND CURVATURE OF A CURVE CONCAVE NORTHWESTERLY HAVING A RADIUS OF 1984.82 FEET AND A CHORD BEARING OF S76 0 17'33 "W; THENCE RUN SOUTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 27 0 10'22" FOR A DISTANCE OF 893.88 FEET TO THE POINT OF TANGENCY; THENCE RUN S89 °52'44 "W FOR A DISTANCE OF 236.97 FEET; THENCE RUN N00 0 07'16 "W FOR A DISTANCE OF 5.000 FEET; THENCE RUN S89 °52'44 "W FOR A DISTANCE OF 648.76 FEET TO THE POINT OF CURVATURE OF A CURVE CONCAVE SOUTHEASTERLY HAVING A RADIUS OF 1939.86 FEET AND A CHORD BEARING OF S81 °42'06 "W; THENCE RUN SOUTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 16 FOR A DISTANCE OF 553.71 FEET TO A NON - TANGENT LINE; THENCE RUN S16 °28'32 "E FOR A DISTANCE OF 5.00 FEET; THENCE RUN S73 0 31'28 "W FOR A DISTANCE OF 197.11 FEET; THENCE LEAVING SAID NORTHERLY RIGHT -OF -WAY LINE RUN S16 °28'32 "E FOR A DISTANCE OF 50.00 FEET; THENCE RUN S73 °31'28 "W FOR A DISTANCE OF 34.04 FEET TO A NON - TANGENT CURVE CONCAVE SOUTHEASTERLY HAVING A RADIUS OF 210.45 FEET AND A CHORD BEARING OF S64 °23'15 "W; THENCE RUN SOUTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 18 0 59'57" FOR A DISTANCE OF 69.79 FEET TO A NON - TANGENT CURVE CONCAVE WESTERLY HAVING A RADIUS OF 110.00 FEET AND A CHORD BEARING OF N21 °43'20 "W; THENCE RUN NORTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 49 0 25'49" FOR A DISTANCE OF 94.90 FEET TO THE POINT OF TANGENCY; THENCE RUN N46 °26' 15 "W FOR A DISTANCE OF 15.58 FEET TO A POINT ON THE WEST LINE OF NORTHWEST 1/4 OF SAID SECTION 4; THENCE RUN NO2 0 33'07 "E ALONG SAID WEST LINE FOR A DISTANCE OF 1075.64 FEET TO THE NORTHWEST CORNER OF SAID SECTION 4; THENCE RUN N85 °36'19 "W ALONG THE SOUTH LINE OF THE SOUTHEAST 1/4 OF SECTION 32 FOR A DISTANCE OF 1283.57 FEET TO A NON - TANGENT CURVE CONCAVE EASTERLY HAVING A RADIUS OF 90.00 FEET AND A CHORD BEARING OF N 19 °32'25 "W; THENCE RUN NORTHERLY ALONG THE ARC OF SAID CURVE AND THE EAST RIGHT -OF -WAY LINE OF INGRAM ROAD, THROUGH A CENTRAL ANGLE OF 36 °57'14" FOR A DISTANCE OF 58.05 FEET TO THE POINT OF TANGENCY; THENCE RUN N00 °12'00 "W ALONG SAID EAST RIGHT -OF -WAY LINE FOR A DISTANCE OF 2707.35 FEET TO A POINT ON THE NORTH LINE OF THE SOUTHEAST 1/4 OF SAID SECTION 32; THENCE RUN N89 0 29'27 "E ALONG SAID NORTH LINE FOR A DISTANCE OF 1287.35 FEET TO THE EAST 1/4 CORNER OF SAID SECTION 32; THENCE RUN S89 0 17'49 "E ALONG THE NORTH LINE OF THE SOUTHWEST 1/4 OF SAID SECTION 33 FOR A DISTANCE OF 2668.50 FEET TO THE NORTHEAST CORNER OF THE SOUTHWEST 1/4 OF SAID SECTION 33; THENCE RUN S00 0 04'29 "W ALONG THE WEST LINE OF TROUT LAKE CAMPS, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK K, PAGE 95, OF THE PUBLIC RECORDS OF ORANGE COUNTY, FLORIDA, AND THE EAST LINE OF THE SOUTHWEST 1/4 OF SAID SECTION 33 AND A PROJECTION THEREOF FOR A DISTANCE OF 1409.06 FEET TO THE NORTHEAST CORNER OF THE SOUTHEAST 1/4 OF THE SOUTHWEST 1/4 OF SAID SECTION 33; THENCE RUN N89 0 51'47 "W ALONG THE NORTH LINE OF THE SOUTHEAST 1/4 OF THE SOUTHWEST 1/4 OF SAID SECTION 33 AND THE NORTH RIGHT -OF -WAY LINE OF HOBSON ROAD FOR A DISTANCE OF 30.00 FEET; THENCE LEAVING SAID NORTH LINE RUN S00 0 04'29 "W ALONG THE WEST RIGHT -OF -WAY LINE OF HOBSON ROAD FOR A DISTANCE OF 1409.36 FEET TO THE POINT OF BEGINNING. LESS AND EXCEPT THAT PART CONVEYED TO ORANGE COUNTY BY WARRANTY DEED RECORDED MARCH 3, 2008 IN BOOK 9613, PAGE 3340, DESCRIBED AS FOLLOWS: PARCEL 1091 ESTATE, FEE SIMPLE PURPOSE: ROAD RIGHT -OF -WAY A PORTION OF THE NORTHWEST 1/4 OF THE NORTHWEST 1/4 OF SECTION 4, TOWNSHIP 22 SOUTH, RANGE 28 EAST, ORANGE COUNTY, FLORIDA, LESS COUNTY ROAD RIGHT -OF -WAY, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE NORTHWEST CORNER OF THE NORTHWEST 1/4 OF SAID SECTION 4; THENCE SOUTH 02 °35'53" WEST, A DISTANCE OF 1057.94 FEET TO THE POINT OF BEGINNING; THENCE SOUTH 88 °45'18" EAST, A DISTANCE OF 23.88 FEET TO THE POINT ON THE ARC OF A NON - TANGENT CURVE CONCAVE TO THE SOUTHEAST HAVING A RADIUS OF 1,701.20 FEET, A CENTRAL ANGLE OF 25 0 43'07" AND A CHORD OF 757.23 FEET THAT BEARS NORTH 76 0 56'53" EAST; THENCE EASTERLY ALONG THE ARC OF SAID CURVE, 763.63 FEET; THENCE NORTH 89 0 48'26" EAST, A DISTANCE OF 716.49 FEET TO A POINT OF CURVATURE OF A CURVE CONCAVE NORTHWEST HAVING A RADIUS OF 2,490.00 FEET, A CENTRAL ANGLE OF 28 0 13'36" AND A CHORD OF 1,214.33 FEET THAT BEARS NORTH 75 °41'38" EAST; THENCE EASTERLY ALONG THE ARC OF SAID CURVE, A DISTANCE OF 1,226.69 FEET; THENCE SOUTH 00 °40'19" WEST, A DISTANCE OF 125.65 FEET TO THE POINT ON THE ARC OF A NON - TANGENT CURVE CONCAVE TO THE NORTHWEST HAVING A RADIUS OF 1,612.22 FEET, A CENTRAL ANGLE OF 01 AND A CHORD OF 55.90 FEET THAT BEARS SOUTH 61'44'46" WEST; THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE, 55.91 FEET TO THE POINT ON THE ARC OF A NON - TANGENT CURVE CONCAVE TO THE NORTHWEST HAVING A RADIUS OF 1,884.86 FEET, A CENTRAL ANGLE OF 27 °06'45" AND A CHORD OF 883.62 FEET THAT BEARS SOUTH 76 0 22'07" WEST; THENCE WESTERLY ALONG THE ARC OF SAID CURVE, 891.92 FEET; THENCE SOUTH 89 °55'30" WEST, A DISTANCE OF 236.97 FEET; THENCE NORTH 00 0 04'30" WEST, A DISTANCE OF 5.00 FEET; THENCE SOUTH 89 0 55'30" WEST, A DISTANCE OF 648.76 FEET TO THE POINT ON THE ARC OF A NON - TANGENT CURVE CONCAVE TO THE SOUTHEAST HAVING A RADIUS OF 1,938.86 FEET, A CENTRAL ANGLE OF 16 0 21'46" AND A CHORD OF 551.83 FEET THAT BEARS SOUTH 81 WEST; THENCE WESTERLY ALONG THE ARC OF SAID CURVE, 553.71 FEET; THENCE SOUTH 16 0 25'46" EAST, A DISTANCE OF 5.00 FEET; THENCE SOUTH 73 0 3414" WEST, A DISTANCE OF 197.11 FEET; THENCE SOUTH 16 0 25'46" EAST, A DISTANCE OF 50.00 FEET; THENCE SOUTH 73 0 34'14" WEST, A DISTANCE OF 38.30 FEET TO A POINT OF CURVATURE OF A CURVE CONCAVE SOUTHEAST HAVING A RADIUS OF 210.44 FEET, A CENTRAL ANGLE OF 17 0 49'44" AND A CHORD OF 65.22 FEET THAT BEARS SOUTH 64 0 39'22" WEST; THENCE WESTERLY ALONG THE ARC OF SAID CURVE, A DISTANCE OF 65.48 FEET TO THE POINT ON THE ARC OF A NON - TANGENT CURVE CONCAVE TO THE SOUTHWEST HAVING A RADIUS OF 114.83 FEET, A CENTRAL ANGLE OF 53 0 16'33" AND A CHORD OF 102.97 FEET THAT BEARS NORTH 20 0 00'14" WEST; THENCE NORTHERLY ALONG -9- THE ARC OF SAID CURVE, 106.77 FEET; THENCE NORTH 46 °38'30" WEST, A DISTANCE OF 12.64 FEET; THENCE NORTH 02 0 35'53" EAST, A DISTANCE OF 4.57 FEET TO THE POINT OF BEGINNING. LESS AND EXCEPT ANY PART LYING IN ROAD RIGHT OF WAY. TOGETHER WITH EASEMENT RIGHTS RESERVED IN SPECIAL WARRANTY DEED IN FAVOR OF ORANGE COUNTY RECORDED JANUARY 26, 1996 IN BOOK 5004, PAGE 3955 AS AFFECTED BY CONVEYANCE RECORDED IN BOOK 9613, PAGE 3340. PARCELS 1 AND 2 AND PARCELS A AND B ARE ALSO DESCRIBED AS FOLLOWS: NORTH PARCEL A portion of the Southeast '/4 of Section 32, Township 21 South, Range 28 East, a portion of the Southwest '/4 of Section 33, Township 21 South, Range 28 East, and a portion of the Northwest '/4 of Section 4, Township 22 South, Range 28 East, Orange County, Florida, being more particularly described as follows: COMMENCING at the North '/4 corner of Section 4 , Township 22 South, Range 28 East, Orange County, Florida; thence run South 89°32'54" West, along the North line of the Northwest '/4 of said Section 4, for a distance of 5.37 feet to a point on the West pavement line of Hobson Road, also being the POINT OF BEGINNING. Thence departing said North line, run along the West pavement line of Hobson Road the following courses and distances: run South 00 °36'27" West, along said West pavement line, for a distance of 97.05 feet; thence run South 00 °02'53" East, along said West pavement line, for a distance of 109.92 feet; thence South 00 °13'33" West, along said West pavement line, for a distance of 49.38 feet to a point on the East line of the Northwest ' / 4 of said Section 4; thence run South 01'27'07" West, along said East line, for a distance of 335.19 feet to a point on the Northerly right of way line of West Orange Trail, and the Easterly extension thereof, as recorded in Official Records Book 9613, Page 3340 of the Public Records of Orange County, Florida, said point also being a point on a curve, concave Northwesterly, having a radius of 2490.00 feet, a chord bearing of South 75 °22'33" West, and a chord distance of 1241.34 feet; thence run Southwesterly along the arc of said curve, and said Northerly right of way line, through a central angle of 28 °22'33" for an arc distance of 1254.57 feet to the point of tangency; thence run South 89 °48'36" West, along said Northerly right of way line, for a distance of 716.49 feet to the point of curvature of a curve, concave Southeasterly, having a radius of 1701.20 feet, a chord bearing of South 76 °57'03" West and a chord distance of 757.23 feet; thence run Southwesterly along said curve, and said Northerly right of way line, through a central angle of 25 °43'07" for an arc distance of 763.63 feet; thence departing said curve, run North 88 °45'08" West, along said Northerly right of way line, for a distance of 20.58 feet to a point on the West line of the Northwest ' / 4 of said Section 4; thence departing said Northerly right of way line, run North 02 °3249" East for a distance of 1057.99 feet to the Northwest corner of said Section 4; thence departing said West line, run North 85 °3422" West, along the South line of the Southeast '/4 of Section 32, Township 21 South, Range 28 East, for a distance of 1299.85 feet to a point on the East pavement line of Ingram Road, said point also being a point on a non - tangent curve, concave Easterly, having a radius of 270.73 feet, a chord bearing of North 11'27'01" West and a chord distance of 154.28 feet; thence run Northerly along -10- the arc of said curve, and said East pavement line, through a central angle of 33 °06'32" for an arc distance of 156.45 feet; thence run North 00 °06'22" West, along said East pavement line, for a distance of 124.71 feet; thence run North 00 0 19'38" East, along said East pavement line, for a distance of 100.28 feet; thence run North 00 0 33'27" East, along said East pavement line, for a distance of 195.08 feet; thence run North 00 0 12'46" West, along said East pavement line, for a distance of 92.97 feet; thence run North 01 East, along said East pavement line, for a distance of 93.06 feet; thence run North 00 0 03'33" West, along said East pavement line, for a distance of 101.58 feet; thence run North 00 0 33'07" East, along said East pavement line, for a distance of 100.77 feet; thence run North 00 °47'04" East, along said East pavement line, for a distance of 99.45 feet; thence run North 00 °16'57" West, along said East Pavement line, for a distance of 102.40 feet; thence run North 00 °07'59" West, along said East pavement line, for a distance of 89.10 feet to a point of intersection of said East pavement line with the South line of the North 130 feet of the Southeast '/4 of the Southeast '/4 of said Section 32; thence departing said East pavement line, run South 88 °01'27" East, along said South line, for a distance of 18.77 feet to a point on the Easterly right of way line of Ingram Road, as recorded in Official Records Book 3617, Page 1881 of the Public Records of Orange County, Florida; thence departing said South line, run North 00 0 11'25" West, along the said Easterly right of way line, for a distance of 1509.95 feet to a point on the North line of the Northeast '/4 of the Southeast ' / 4 of said Section 32; thence departing the Easterly right of way line, run North 89 °29'48" East, along the said North line, for a distance of 1287.29 feet to the East '/4 corner of said Section 32, also being the West '/4 corner of Section 33, Township 21 South, Range 28 East; thence run South 89 0 17'33" East, along the North line of the Southwest ' / 4 of said Section 33, for a distance of 2668.18 feet to the Northeast corner of the Southwest ' / 4 of said Section 33; thence departing said North line, run South 00 °04'48" West, along the East line of the Southwest '/4 of said Section 33, for a distance of 1408.86 feet to a point on the North line of the Southeast '/4 of the Southwest '/4 of said Section 33; thence departing said East line, run North 89 West, along the North line of the Southeast '/4 of the Southwest '/4 of said Section 33, for a distance of 30.00 feet to a point on the West right of way line of Hobson Road, as recorded in Official Records Book 1956, Page 664 of the Public Records of Orange County, Florida; thence departing said North line, run South 00 °04'48" West, along said West right of way line, for a distance of 1409.17 feet to a point on the South line of the Southeast '/4 of the Southwest '/4 of said Section 33; thence departing said West right of way line, run North 89 °3254" East, along said South line, for a distance of 24.63 feet to the POINT OF BEGINNING. Containing 309.38 acres, more or less. SOUTH PARCEL: A portion of the Northwest '/4 of Section 4, Township 22 South, Range 28 East, Orange County, Florida, being more particularly described as follows: COMMENCING at the North '/4 corner of Section 4, Township 22 South, Range 28 East, Orange County, Florida, thence run South 01 °27'07" West, along the East line of the Northwest ' / 4 of said Section 4, for a distance of 847.14 feet to a point on the South right of way line of Clarcona- Ocoee Road, said point being the POINT OF BEGINNING; thence departing said South right of way line, continue South 01'27'07" West, along said East line, for a distance of 1839.23 feet to the Southeast corner of the Northwest '/4 of Section 4, Township 22 South, Range 28 East; thence run South 89 °20'41" West, along the South line of the Northwest ' / 4 of said Section 4, for a distance of 2651.43 feet to a point on the Easterly right of way line of Clarcona Ocoee Road; thence departing said South line, run North 02 °44'31" East, along said Easterly right of way line, for a distance of 1367.98 feet to the point of curvature of a curve, concave Southeasterly, having a radius of 150.46 feet, a chord bearing of North 38 °08'00" East, and a chord distance of 174.28 feet; thence run Northeasterly along the arc of said curve, and said Easterly right of way line, through a central angle of 70 °46'57" for an arc distance of 185.88 feet to the point of tangency; thence run North 73 °31'28" East, along the Southerly right of way line of Clarcona Ocoee Road, for a distance of 210.06 feet to the point of curvature of a curve, concave Southerly, having a radius of 1824.86 feet, a chord bearing of North 81 °42'06" East, and a chord distance of 519.12 feet; thence run Easterly along the arc of said curve, and said Southerly right of way line, through a central angle of 16'21'16" for an arc distance of 520.89 feet to the point of tangency; thence run North 89 °52'44" East, along said Southerly right of way line, for a distance of 885.73 feet to the point of curvature of a curve, concave Northerly, having a radius of 1,994.82 feet, a chord distance of North 76 °17'33" East, and a chord distance of 937.21 feet; thence run Easterly along the arc of said curve, and said Southerly right of way line, through a central angle of 27 0 10'22" for an arc distance of 946.05 feet to the point of compound curvature of a curve, concave Northwesterly, having a radius of 1,722.16 feet, a chord bearing of North 62 °27'15" East, and a chord distance of 15.15 feet; thence run Northeasterly along the arc of said curve, and said Southerly right of way line, through a central angle of 00'30'15" for an arc distance of 15.15 feet to the POINT OF BEGINNING. Containing 98.52 acres, more or less. TOGETHER WITH EASEMENT RIGHTS RESERVED IN SPECIAL WARRANTY DEED IN FAVOR OF ORANGE COUNTY RECORDED JANUARY 26, 1996 IN BOOK 5004, PAGE 3955 AS AFFECTED BY CONVEYANCE RECORDED IN BOOK 9613, PAGE 3340. -12- EXHIBIT "B" [Insert Amended Land Use Plan] -5- THIS INSTRUMENT WAS PREPARED BY AND SHOULD BE RETURNED TO: PREPARED BY: Scott A. Glass Shutts & Bowen LLP 300 S. Orange Ave., Ste. 1000 Orlando, FL 32801 407 - 835 -6964 RETURN TO: Beth Eikenberry, City Clerk CITY OF OCOEE 150 N. Lakeshore Drive Ocoee, FL 34761 (407) 905 -3100 SECOND AMENDMENT TO DEVELOPMENT AGREEMENT (ARDEN PARK) THIS SECOND AMENDMENT TO DEVELOPMENT AGREEMENT ( "this Second Amendment ") is made and entered into this _ day of , 2013 (the "Effective Date ") by and between STANDARD PACIFIC OF FLORIDA, a Florida general partnership, with a principal address of 26 Technology Drive, Irvine, CA, 92618, attn: Peter Kiesecker, (hereinafter referred to as "Owner" or "Developer ") and the CITY OF OCOEE, a Florida municipal corporation, whose mailing address is 150 North Lakeshore Drive, Ocoee, Florida 34761, Attention: City Manager (the "City "). WITNESSETH: WHEREAS, Developer owns fee simple title to certain lands located in Orange County, Florida, and within the corporate limits of the City of Ocoee, Florida, said lands being more particularly described in Exhibit "A" attached hereto and incorporated by this reference herein (the "Property "); and, WHEREAS, the Property is subject to the terms of that certain Development Agreement (Arden Park) entered into by and between the City and Developer's predecessor in title, Arden Park Ventures, LLC, dated November 21, 2006 and recorded among the official records of Orange County, Florida in OR Book 9180, Page, 4856 (the "Development Agreement ") as amended by that certain First Amendment to Development Agreement (Arden Park) entered into by and between the City and Arden Park Ventures, LLC dated March 24, 2011 and recorded among the official records of Orange County, Florida in OR Book 10222, Page 6665 (the "First Amendment "); and, WHEREAS, pursuant to the application of the Developer, on , _, 20_ the Ocoee City Commission approved, subject to the execution of this Second Amendment, an amendment to the Arden Park PUD Land Use Plan (Case No. RZ- 12- 07 -05) (the "LUP Amendment "); and, Errorl Unknown document property name. WHEREAS, the Developer and the City desire to execute this Second Amendment in order to further document the approved revisions to the Arden Park PUD Land Use Plan, including, revisions to the previously approved Conditions of Approval (the "COAs ")• and, NOW THEREFORE, in consideration of the premises and other good and valuable considerations exchanged between the parties hereto, the receipt and sufficiency of which is hereby acknowledged, the parties hereto agree as follows: Section 1. Recitals and Definitions. The above recitals are true and correct and incorporated herein by this reference. All capitalized terms used herein shall be as defined in the Development Agreement unless otherwise indicated or defined in this Amendment. i Section 2. Amendment of Land Use Plan. A. Paragraph 2.A. of the Development Agreement is hereby deleted in its entirety and replaced with the following: The Owner hereby agrees to develop the Property in accordance with that certain Arden Park Amendment to the Land Use Plan for Arden Park Planned Unit Development (the "Project ") (comprising a total of 10 pages of which pages 1, 5, 6, 7, 8, 9 and 10 were prepared by Court Street Partners, LLC and pages 2, 3 and 4 being part of the original approved Land Use Plan) date stamped received by the City on _, 20_ with such additional revisions thereto, if any, as ay be reflected in the minutes of the City Commission of the City of Ocoee meeting approving the same (hereinafter referred to as the "Land Use Plan "). The Owner shall submit to the City a revised version of the Land Use Plan that conforms the Land Use Plan and Conditions of Approval (as defined below) to be consistent with the approval by the Ocoee City Commission on _, 20 . The Land Use Plan is hereby incorporated herein by reference as if fully set forth herein. B. Notwithstanding anything to the contrary in the Development Agreement or the First Amendment, the Conditions of Approval set forth as Exhibit `B" in the Development Agreement, and as amended by the First Amendment, are hereby deleted and replaced in their entirety with the Revised Arden Park Conditions of Approval set forth on Exhibit "B" attached hereto and incorporated by this reference herein. Section 3. Amendment of Waiver Table. Notwithstanding anything to the contrary in the Development Agreement or the First Amendment, the list of waivers set forth as Exhibit "C" in the Development Agreement is hereby deleted and replaced in its entirety with the list of waivers set forth on Exhibit "C" attached hereto and incorporated by this reference herein. Section 4. Renumbering of Proiect Entrance Points Inasmuch as the entrance points into the Project have been renumbered on the Land Use Plan, Paragraph 4.T of the Development Agreement is hereby amended by deleting the reference therein to Entrance 8 and replacing it with `Entrance 1." Section 5. Ingram Road Improvements. Section 5 of the Development Agreement is hereby deleted in its entirety and replaced by the following: 2 A. Prior to the issuance of building permits for Phase 3 of the Project, Developer shall improve that portion of Ingram Road adjacent to the Property into a 24 foot wide curb and gutter section two lane roadway as shown in the Land Use Plan ( "Ingram Road Improvements "). Further, the Developer shall be allowed to design and construct a Low Impact Development drainage system that would utilize swales. No connection to Ingram Road is planned. In consideration for the construction of the Ingram Road Improvements and provided that the improvements to Ingram Road as set forth in the Land Use Plan are commenced within the time frame set forth herein and completed within one (1) year of commencement, the Developer shall be entitled to receive City of Ocoee road impact fee credits for the actual cost of construction of such improvements upon issuance of a Certificate of Completion for the Ingram Road Improvementsi and acceptance by the City. The Developer shall submit to the City's Development Review Committee ( "DRC ") satisfactory documentation to support any Road Impact Fee credit pursuant to this Condition and the actual amount of the Road Impact Fee credit shall thereafter be determined by the DRC based upon a review of such satisfactory documentation in the manner provided by the Road Impact Fee Ordinance. The DRC shall not be required to approve any Road Impact Fee credits for costs incurred by the Developer which exceed the amounts set forth herein. B. In the event that the Ingram Road Right -of -Way adjacent to the Developer's property is less than 60' wide, the Developer shall donate additional Right -of -Way on the eastern side of the existing Ingram Road Right -of -Way within 60 days of a request by the City of the same, but in no event later than platting of Phase 3. The conveyance shall be by special warranty deed free and clear of all liens and encumbrances except for those matters acceptable to the City. The form of the special warranty deed shall be subject to the approval of the City. The developer shall, contemporaneously with the conveyance of such property, provide to the City a current attorney's opinion of title, or a current title commitment to be followed by a policy of title insurance, evidencing that fee simple title to such property is free and clear of all liens and encumbrances except for those matters acceptable to the City. The costs and expenses related to the conveyance of such property, including the cost of title work, shall be borne solely by the Developer. Real property taxes on such property shall be prorated as of the day of the City's acceptance of the conveyance of the same, and the prorated amount of such real property taxes attributable to the Developer shall be paid and escrowed by such owner in accordance with the provisions of Section 196.295, Florida Statutes; provided, however, that if the conveyance occurs between November 1 and December 31, then the Developer shall be responsible for real property taxes for the entire year. The City shall be responsible for any additional Right -of -Way needed on the Western side of the existing Ingram Road Right -of -Way or on lands not owned by the Developer. C. All stormwater needs related to the Ingram Road Improvements where they are adjacent to the Developer's Project will be provided by the Project's stormwater management system and constructed prior to obtaining issuance of building permits for Phase 3. D. At any time prior to the Developer constructing the Ingram Road Improvements, the City or any other governmental agency may elect, at such party's option and expense, to construct or cause to be constructed the Ingram Road Improvements. To the extent the City or 3 other party constructs such improvements to Ingram Road, Developer will not be entitled to any road impact fee credit in connection therewith. E. Neither the Developer, its successors and assigns, nor any other person or entity shall be entitled to any road impact fee credits or other compensation of any kind for, on account of, or with respect to (a) any dedication for Ingram Road right -of -way as set for in paragraph 5(B) above, or (b) the turn lane improvements set forth in paragraph 5(A) above if such are required by the City. Section 6. Covenant Running with the Land. This Second Amendment shall run with the Property and inure to and be for the benefit of the parties hereto and their respective j successors and assigns and any person, firm, corporation, or entity who may become the successor in interest to the Property or any portion thereof. Section 7. Recordation of Second Amendment. The parties hereto agree that an executed original of this Second Amendment shall be recorded by the City, at the Developer's expense, in the Public Records of Orange County, Florida. Section 8. Counterparts. This Second Amendment may be executed in any number of counterparts, each of which shall be deemed to be an original but all of which together shall constitute one and the same instrument. Section 9. Effective Date. The Effective Date of this Second Amendment shall be the day the Second Amendment is last executed by a party hereto and such date shall be inserted on Page of this Second Amendment. Section 10. Balance of Development Agreement Remains Effective Except as specifically amended by this Second Amendment, all terms and conditions of the Development Agreement shall remain in full force and effect. IN WITNESS WHEREOF, The Developer and the City have caused this instrument to be executed by their duly authorized elected officials, partners, and /or officers as of the day and year first above written. SIGNATURES FOLLOW ON NEXT TWO PAGES M Signed, sealed and delivered in the presence o£ Print N Print N STATE OF _ COUNTY OF DEVELOPER STANDARD PACIFIC OF FLORIDA, a Florida general partnership. By: Standard Pacific of Florida GP, Inc., a Florida torpor n, General Partner By: Name: Peter Kiesecker Its: Senior Vice President I HEREBY CERTIFY that on this day, before nle,'an officer duly authorized in this State and County aforesaid to take acknowledgments, personally appeared Peter Kiesecker, as the Senior Vice President of Standard Pacific of Florida GP, Inc., a Florida corporation and General Partner of STANDARD PACIFIC OF FLORIDA, a Florida general partnership, who ❑ is personally known to me or ❑ produced,. " as identification, and that he acknowledged executing the same on... behalf of said company in the presence of two subscribing witnesses, freely and voluntarily, for the uses and purposes therein expressed. WITNESS my hand and official seal in the County and State last aforesaid this day of , 2013. Signature of Notary Name of Notary (Typed, Printed or Stamped) Commission Number (if not legible seal); My Commission Expires (if not legible on seal) STATE OF CALIFORNIA ) COUNTY OF ORANGE ) On February 1, 2013, before me, Kathleen M. Villari, Notary Public, personally appeared Peter Kiesecker who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. JIIIIIIIIIIII IIIIIIIIIIIIIIIIII IIIIIIII IIIIIIIIIIIIIIIIIIIIIIII IIIIIIIIIIIIIIIIIIIIIIIIIIIIIL' KATHLEEN M. VILLARI WITNESS m hand and official seal _�;� com ublic 8557 p y Notary Public - California o € �! Orange County =_ M Comm. Ex Oct. 28 2015- anuunni I IIIIIIIIIIIII 11117 Signature (Seal) Signed, sealed and delivered in the presence of. Print Name Print Name FOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE, FLORIDA; APPROVED AS TO FORM AND LEGALITY THIS DAY OF 20 . IM Scott Cookson, City Attorney CITY CITY OF OCOEE, FLORIDA, a Florida municipal corporation S. Scott Vandergrift, Mayor Attest: Beth Eikenberry, City Clerk (SEAL) APPROVED BY THE OCOEE CITY COMMISSION AT A MEETING HELD ON UNDER AGENDA ITEM NO. 6 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 acknowledgments, personally appeared S. SCOTT VANDERGRIFT and BETH EIKENBERRY, personally known to me to be the Mayor and City Clerk, respectively, of the CITY OF OCOEE, FLORIDA and that they severally acknowledged executing the same in the presence of two subscribing witnesses, freely and voluntarily under authority duly vested in them by said municipality. i WITNESS my hand and official seal in the County and State last aforesaid this day ofl , 20 Signature of Notary Name of Notary (Typed, Printed or Stamped) Commission Number (if not legible seal); My Commission Expires (if not legible on seal) 7 EXHIBIT "A" (The "Property ") THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE COUNTY OF Orange, STATE OF FL, AND IS DESCRIBED AS FOLLOWS: PARCEL 1 LOTS 1, 2 AND 3, EMMA A. STIEFF SUBDIVISION, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK G, PAGE 106, PUBLIC RECORDS OF ORANGE COUNTY, FLORIDA, LESS COUNTY ROAD RIGHT -OF -WAY. j .'X BEGIN 13.80 CHAINS EAST OF SOUTHWEST CORNER OF NORTHWEST 1/4, SECTION 4, TOWNSHIP 22 SOUTH, RANGE 28 EAST, RUN NORTH 25.31 CHAINS, THENCE EASTERLY IN CENTER OF ORANGE BELT RAILROAD 19.68, CHAINS, THENCE SOUTH 26.38 CHAINS, THENCE EAST 8.42 CHAINS, THENCE NORTH 40 CHAINS, THENCE WEST 40 CHAINS, THENCE SOUTH 40 CHAINS, EAST 13.80 CHAINS, LESS RAILROAD RIGHT -OF -WAY AND LESS COUNTY ROAD RIGHT -OF -WAY. AND BEGINNING AT A POINT IN THE CENTER OF A.C.L. RAILROAD RIGHT -OF -WAY 910.8 FEET EAST AND 978.27 FEET, MORE OR LESS SOUTH OF THE NORTHWEST CORNER OF SECTION 4, TOWNSHIP 22 SOUTH, RANGE 28 EAST, RUN THENCE SOUTH 1606.07 FEET, MORE OR LESS, TO THE SOUTH LINE OF THE NORTHWEST 1/4 OF SAID SECTION 4, THENCE EAST 517.8 FEET, MORE OR LESS, TO THE SOUTHWEST CORNER OF LOT 3, OF EMMA A. STIEFF SUBDIVISION, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK G, PAGE 106, OF THE PUBLIC RECORDS OF ORANGE COUNTY, FLORIDA, THENCE NORTH ALONG THE WEST LINE OF SAID LOT TO THE CENTER LINE OF THE A.C.L. RAILROAD RIGHT - OF -WAY, THENCE WESTERLY ALONG THE CENTER LINE OF SAID RAILROAD TO THE POINT OF BEGINNING, AND LESS COUNTY ROAD RIGHT -OF -WAY. AND THE SOUTH 1/2 OF THE SOUTHEAST 1/4 OF THE SOUTHWEST 1/4 OF SECTION 33, TOWNSHIP 21 SOUTH, RANGE 28 EAST, LESS EAST 30 FEET FOR ROAD RIGHT -OF- WAY, ORANGE COUNTY, FLORIDA. AND THE NORTH 1/2 OF THE SOUTHEAST 1/4 OF THE SOUTHWEST 1/4 OF SECTION 33, TOWNSHIP 21 SOUTH, RANGE 28 EAST, LESS THE EAST 30 FEET FOR ROAD RIGHT - OF -WAY, ORANGE COUNTY, FLORIDA. E AND THE NORTHEAST 1/4 OF THE SOUTHWEST 1/4 OF SECTION 33, TOWNSHIP 21 SOUTH, RANGE 28 EAST, ORANGE COUNTY, FLORIDA. AND THE NORTHEAST 1/4 OF THE SOUTHEAST 1/4 AND THE NORTH 130 FEET OF THE SOUTHEAST 1/4 OF THE SOUTHEAST 1/4 OF SECTION 32, TOWNSHIP 21 SOUTH, RANGE 28 EAST, ORANGE COUNTY, FLORIDA, LESS THE WEST 30 FEET FOR ROAD RIGHT -OF -WAY. i AND THE NORTHWEST 1/4 OF THE SOUTHWEST 1/4 AND THE NORTH 130 FEET OF THE SOUTHWEST 1/4 OF THE SOUTHWEST 1/4 OF SECTION 33, TOWNSHIP 21 SOUTH, RANGE 28 EAST, ORANGE COUNTY, FLORIDA. PARCEL 2 THE SOUTHEAST 1/4 OF THE SOUTHEAST 1/4 OF SECTION 32, TOWNSHIP 21 SOUTH, RANGE 28 EAST, AND THE SOUTHWEST 1/4 OF THE SOUTHWEST 1/4 OF SECTION 33, TOWNSHIP 21 SOUTH, RANGE 28 EAST (LESS 528 FEET OFF THE SOUTH SIDE OF BOTH SECTIONS AND LESS 130 FEET OFF THE NORTH SIDE OF BOTH SECTIONS) ORANGE COUNTY, FLORIDA. RN THE SOUTH 528 FEET OF THE SOUTHEAST '/4 OF THE SOUTHEAST '/40F SECTION 32, TOWNSHIP 21 SOUTH, RANGE 28 EAST, AND THE SOUTH 528 FEET OF THE SOUTHWEST '/4 OF THE SOUTHWEST '/4 OF SECTION 33, TOWNSHIP 21 SOUTH, RANGE 28 EAST, ORANGE COUNTY, FLORIDA. LESS AND EXCEPT THAT PART CONVEYED TO ORANGE COUNTY BY WARRANTY DEED RECORDED MARCH 3, 2008 IN BOOK 9613, PAGE 3340, DESCRIBED AS FOLLOWS: PARCEL 1091 ESTATE, FEE SIMPLE PURPOSE: ROAD RIGHT -OF -WAY A PORTION OF THE NORTHWEST 1/4 OF THE NORTHWEST 1/4 OF SECTION 4, TOWNSHIP 22 SOUTH, RANGE 28 EAST, ORANGE COUNTY, FLORIDA, LESS 7 COUNTY ROAD RIGHT -OF -WAY, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE NORTHWEST CORNER OF THE NORTHWEST 1/4 OF SAID SECTION 4; THENCE SOUTH 02 °35'53" WEST, A DISTANCE OF 1057.94 FEET TO THE POINT OF BEGINNING; THENCE SOUTH 88 °45'18" EAST, A DISTANCE OF 23.88 FEET TO THE POINT ON THE ARC OF A NON - TANGENT CURVE CONCAVE TO THE SOUTHEAST HAVING A RADIUS OF 1,701.20 FEET, A CENTRAL ANGLE OF 25 °43'07" AND A CHORD OF 757.23 FEET THAT BEARS NORTH 76 °56'53" EAST; THENCE EASTERLY ALONG THE ARC OF SAID CURVE, 763.63 FEET; THENCE NORTH 89 °48'26" EAST, A DISTANCE OF 716.49 FEET TO A POINT OF CURVATURE OF A CURVE CONCAVE NORTHWEST HAVING A RADIUS OF 2,490.00 FEET, A CENTRAL ANGLE OF 28 0 13'36" AND A CHORD OF 1,214.33 FEET THAT BEARS NORTH 75 0 41'38" EAST; THENCE EASTERLY ALONG THE ARC OF SAID CURVE, A DISTANCE OF 1,226.69 FEET; THENCE SOUTH 00 °40'19" WEST, A DISTANCE OF 125.65 FEET TO THE POINT ON THE ARC OF A NON - TANGENT CURVE CONCAVE TO THE NORTHWEST HAVING A RADIUS OF 1,612.22 FEET, A CENTRAL ANGLE OF 01 0 59'13" AND A CHORD OF 55.90 FEET THAT BEARS SOUTH 61'44'46" WEST; THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE, 55.91 FEET TO THE POINT ON THE ARC OF A NON - TANGENT CURVE CONCAVE TO THE NORTHWEST HAVING A RADIUS OF 1,884.86 FEET, A CENTRAL ANGLE OF 27 0 06'45" AND A CHORD OF 883.62 FEET THAT BEARS SOUTH 76 0 22'07" WEST; THENCE WESTERLY ALONG THE ARC OF SAID CURVE, 891.92 FEET; THENCE SOUTH 89 °55'30" WEST, A DISTANCE OF 236.97 FEET; THENCE NORTH 00 °04'30" WEST, A DISTANCE OF 5.00 FEET; THENCE SOUTH 89 0 55'30" WEST, A DISTANCE OF 648.76 FEET TO THE POINT ON THE ARC OF A NON - TANGENT CURVE CONCAVE TO THE SOUTHEAST HAVING A RADIUS OF 1,938.86 FEET, A CENTRAL ANGLE OF 16 °21'46" AND A CHORD OF 551.83 FEET THAT BEARS SOUTH 81 WEST; THENCE WESTERLY ALONG THE ARC OF SAID CURVE, 553.71 FEET; THENCE SOUTH 16 °25'46" EAST, A DISTANCE OF 5.00 FEET; THENCE SOUTH 73 0 34'14" WEST, A DISTANCE OF 197.11 FEET; THENCE SOUTH 16 °25'46" EAST, A DISTANCE OF 50.00 FEET; THENCE SOUTH 73 °34'14" WEST, A DISTANCE OF 38.30 FEET TO A POINT OF CURVATURE OF A CURVE CONCAVE SOUTHEAST HAVING A RADIUS OF 210.44 FEET, A CENTRAL ANGLE OF 17 °49'44" AND A CHORD OF 65.22 FEET THAT BEARS SOUTH 64 0 39'22" WEST; THENCE WESTERLY ALONG THE ARC OF SAID CURVE, A DISTANCE OF 65.48 FEET TO THE POINT ON THE ARC OF A NON - TANGENT CURVE CONCAVE TO THE SOUTHWEST HAVING A RADIUS OF 114.83 FEET, A CENTRAL ANGLE OF 53 °16'33" AND A CHORD OF 102.97 FEET THAT BEARS NORTH 20 0 00'14" WEST; THENCE NORTHERLY ALONG THE ARC OF SAID CURVE, 106.77 FEET; THENCE NORTH 46 0 38'30" WEST, A DISTANCE OF 12.64 FEET; THENCE NORTH 02 °35'53" EAST, A DISTANCE OF 4.57 FEET TO THE POINT OF BEGINNING. LESS AND EXCEPT ANY PART LYING IN ROAD RIGHT OF WAY. ALL BEING MORE PARTICULARLY DESCRIBED AS PARCELS A AND B: 10 PARCEL A A PORTION OF LAND LYING IN SECTION 4, TOWNSHIP 22 SOUTH, RANGE 28 EAST, ORANGE COUNTY, FLORIDA, INCLUDING PART OF LOTS 1, 2 AND 3, EMMA A. STIEFF SUBDIVISION, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK G, PAGE 106 OF THE PUBLIC RECORDS OF ORANGE COUNTY, FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE NORTH 1/4 CORNER OF SAID SECTION 4; THENCE RUN SOUTH 01 0 27'07" WEST ALONG THE EAST LINE OF THE NORTHWEST 1/4 OF SAID SECTION 4 FOR A DISTANCE OF 847.14 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID EAST LINE RUN SOUTH 01 0 27'07" WEST FOR A DISTANCE OF 1839.23 FEET TO THE CENTER OF SAID SECTION 4, ALSO BEING A POINT ON THE SOUTH LINE OF THE NORTHWEST 1/4 OF SAID SECTION 4; THENCE DEPARTING SAID EAST LINE RUN SOUTH 89 0 20'41" WEST ALONG SAID SOUTH LINE, FOR A DISTANCE OF 2651.43 FEET TO A POINT ON THE EASTERLY RIGHT -OF- WAY LINE OF CLARCONA -OCOEE ROAD; THENCE DEPARTING SAID SOUTH LINE RUN NORTH 02 °44'31 " EAST ALONG SAID EASTERLY RIGHT -OF -WAY LINE FOR A DISTANCE OF 1367.98 FEET TO A POINT OF CURVATURE OF A CURVE CONCAVE SOUTHEASTERLY AND HAVING A RADIUS OF 150.46; THENCE DEPARTING SAID EASTERLY RIGHT -OF -WAY LINE RUN NORTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 70 0 46'57" FOR AN ARC DISTANCE OF 185.88 FEET TO A POINT OF TANGENCY ALSO BEING A POINT ON THE SOUTHERLY RIGHT -OF- WAY LINE OF WEST ORANGE TRAIL / CLARCONA-OCOEE ROAD; THENCE CONTINUING ALONG SAID SOUTHERLY RIGHT -OF -WAY LINE RUN NORTH 73 °31'28" EAST FOR A DISTANCE OF 210.06 FEET TO A POINT OF CURVATURE OF A CURVE CONCAVE SOUTHERLY AND HAVING A RADIUS OF 1824.86 FEET; THENCE RUN EASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 16 0 21 1 16" FOR AN ARC DISTANCE OF 520.89 FEET TO A POINT OF TANGENCY; THENCE RUN NORTH 89 0 52'44" EAST FOR A DISTANCE OF 885.73 FEET TO A POINT OF CURVATURE OF A CURVE CONCAVE NORTHERLY AND HAVING A RADIUS OF 1994.82 FEET; THENCE RUN EASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 27 FOR AN ARC DISTANCE OF 946.05 FEET TO A POINT OF COMPOUND CURVATURE OF A CURVE CONCAVE NORTHERLY AND HAVING A RADIUS OF 1722.16 FEET; THENCE RUN EASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 00 0 30'15" FOR AN ARC DISTANCE OF 15.15 FEET THE TO AFORESAID POINT OF BEGINNING. PARCEL B THAT PART OF SECTIONS 32 AND 33, TOWNSHIP 21 SOUTH, RANGE 28 EAST, AND THAT PART OF SECTION 4, TOWNSHIP 22 SOUTH, RANGE 28 EAST, ORANGE COUNTY, FLORIDA, DESCRIBED AS FOLLOWS: COMMENCE AT THE NORTH 1/4 CORNER OF SAID SECTION 4; THENCE RUN S89 0 33'56 "W ALONG THE NORTH LINE OF THE NORTHWEST 1/4 OF SAID SECTION 4 11 FOR A DISTANCE OF 30.00 FEET TO A POINT ON THE WEST RIGHT -OF -WAY LINE OF HOBSON ROAD AND THE POINT OF BEGINNING; THENCE RUN THE FOLLOWING TWO (2) COURSES AND DISTANCES ALONG THE WEST RIGHT -OF- WAY LINE OF HOBSON ROAD, AS SHOWN ON THE ORANGE COUNTY RIGHT -OF- WAY PLANS, PROJECT NO. Y9 -821: S89 °33'56 "W, 2.31 FEET; THENCE RUN S00 0 26'55 "W FOR A DISTANCE OF 730.48 FEET TO THE NORTHERLY RIGHT -OF -WAY LINE OF WEST ORANGE TRAIL CLARCONA -OCOEE ROAD; THENCE RUN THE FOLLOWING COURSES AND DISTANCES ALONG SAID NORTHERLY RIGHT -OF- WAY LINE FROM A NON - TANGENT CURVE CONCAVE NORTHWESTERLY HAVING A RADIUS OF 1612.16 FEET AND A CHORD BEARING OF S6 1 °45'06 "W; THENCE RUN SOUTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 01 0 54'32" FOR A DISTANCE OF 53.71 FEET TO THE POINT OF COMPOUND CURVATURE OF A CURVE CONCAVE NORTHWESTERLY HAVING A RADIUS OF 1984.82 FEET AND A CHORD BEARING OF S76 0 17'33 "W; THENCE RUN SOUTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 27 0 10'22" FOR A DISTANCE OF 893.88 FEET TO THE POINT OF TANGENCY; THENCE RUN S89 °52'44 "W FOR A DISTANCE OF 236.97 FEET; THENCE RUN N00 0 07'16 "W FOR A DISTANCE OF 5.000 FEET; THENCE RUN S89 0 52'44 "W FOR A DISTANCE OF 648.76 FEET TO THE POINT OF CURVATURE OF A CURVE CONCAVE SOUTHEASTERLY HAVING A RADIUS OF 1939.86 FEET AND A CHORD BEARING OF S81 °42'06 "W; THENCE RUN SOUTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 16 FOR A DISTANCE OF 553.71 FEET TO A NON - TANGENT LINE; THENCE RUN S 16 °28'32 "E FOR A DISTANCE OF 5.00 FEET; THENCE RUN S73 0 31'28 "W FOR A DISTANCE OF 197.11 FEET; THENCE LEAVING SAID NORTHERLY RIGHT -OF -WAY LINE RUN S 16 °28'32 "E FOR A DISTANCE OF 50.00 FEET; THENCE RUN S73 °31'28 "W FOR A DISTANCE OF 34.04 FEET TO A NON - TANGENT CURVE CONCAVE SOUTHEASTERLY HAVING A RADIUS OF 210.45 FEET AND A CHORD BEARING OF S64 0 23'15 "W; THENCE RUN SOUTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 18 0 59'57" FOR A DISTANCE OF 69.79 FEET TO A NON - TANGENT CURVE CONCAVE WESTERLY HAVING A RADIUS OF 110.00 FEET AND A CHORD BEARING OF N21 °43'20 "W; THENCE RUN NORTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 49 0 25'49 FOR A DISTANCE OF 94.90 FEET TO THE POINT OF TANGENCY; THENCE RUN N46 0 26'15 "W FOR A DISTANCE OF 15.58 FEET TO A POINT ON THE WEST LINE OF NORTHWEST 1/4 OF SAID SECTION 4; THENCE RUN NO2 0 33'07 "E ALONG SAID WEST LINE FOR A DISTANCE OF 1075.64 FEET TO THE NORTHWEST CORNER OF SAID SECTION 4; THENCE RUN N85 0 36'19 "W ALONG THE SOUTH LINE OF THE SOUTHEAST 1/4 OF SECTION 32 FOR A DISTANCE OF 1283.57 FEET TO A NON - TANGENT CURVE CONCAVE EASTERLY HAVING A RADIUS OF 90.00 FEET AND A CHORD BEARING OF N19 0 32'25 "W; THENCE RUN NORTHERLY ALONG THE ARC OF SAID CURVE AND THE EAST RIGHT -OF -WAY LINE OF INGRAM ROAD, THROUGH A CENTRAL ANGLE OF 36 0 57'14" FOR A DISTANCE OF 58.05 FEET TO THE POINT OF TANGENCY; THENCE RUN N00 0 12'00 "W ALONG SAID EAST RIGHT -OF -WAY LINE FOR A DISTANCE OF 2707.35 FEET TO A POINT ON THE NORTH LINE OF THE SOUTHEAST 1/4 OF SAID SECTION 32; THENCE RUN N89 0 29'27 "E ALONG SAID NORTH LINE FOR A DISTANCE OF 1287.35 FEET TO THE 12 EAST 1/4 CORNER OF SAID SECTION 32; THENCE RUN S89 0 17'49 "E ALONG THE NORTH LINE OF THE SOUTHWEST 1/4 OF SAID SECTION 33 FOR A DISTANCE OF 2668.50 FEET TO THE NORTHEAST CORNER OF THE SOUTHWEST 1/4 OF SAID SECTION 33; THENCE RUN S00 °04'29 "W ALONG THE WEST LINE OF TROUT LAKE CAMPS, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK K, PAGE 95, OF THE PUBLIC RECORDS OF ORANGE COUNTY, FLORIDA, AND THE EAST LINE OF THE SOUTHWEST 1/4 OF SAID SECTION 33 AND A PROJECTION THEREOF FOR A DISTANCE OF 1409.06 FEET TO THE NORTHEAST CORNER OF THE SOUTHEAST 1/4 OF THE SOUTHWEST 1/4 OF SAID SECTION 33; THENCE RUN N89 0 51'47 "W ALONG THE NORTH LINE OF THE SOUTHEAST 1/4 OF THE SOUTHWEST 1/4 OF SAID SECTION 33 AND THE NORTH RIGHT -OF -WAY LINE OF HOBSON ROAD FOR A DISTANCE OF 30.00 FEET; THENCE LEAVING SAID NORTH LINE RUN S00 0 04'29 "W ALONG THE WEST RIGHT -OF -WAY LINE OF HOBSON ROAD FOR A DISTANCE OF 1409.36 FEET TO THE POINT OF BEGINNING. LESS AND EXCEPT THAT PART CONVEYED TO ORANGE COUNTY BY WARRANTY DEED RECORDED MARCH 3, 2008 IN BOOK 9613, PAGE 3340, DESCRIBED AS FOLLOWS: PARCEL 1091 ESTATE, FEE SIMPLE PURPOSE: ROAD RIGHT -OF -WAY A PORTION OF THE NORTHWEST 1/4 OF THE NORTHWEST 1/4 OF SECTION 4, TOWNSHIP 22 SOUTH, RANGE 28 EAST, ORANGE COUNTY, FLORIDA, LESS COUNTY ROAD RIGHT -OF -WAY, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE NORTHWEST CORNER OF THE NORTHWEST 1/4 OF SAID SECTION 4; THENCE SOUTH 02 °35'53" WEST, A DISTANCE OF 1057.94 FEET TO THE POINT OF BEGINNING; THENCE SOUTH 88 °45'18" EAST, A DISTANCE OF 23.88 FEET TO THE POINT ON THE ARC OF A NON - TANGENT CURVE CONCAVE TO THE SOUTHEAST HAVING A RADIUS OF 1,701.20 FEET, A CENTRAL ANGLE OF 25 °43'07" AND A CHORD OF 757.23 FEET THAT BEARS NORTH 76 0 56'53" EAST; THENCE EASTERLY ALONG THE ARC OF SAID CURVE, 763.63 FEET; THENCE NORTH 89 °48'26" EAST, A DISTANCE OF 716.49 FEET TO A POINT OF CURVATURE OF A CURVE CONCAVE NORTHWEST HAVING A RADIUS OF 2,490.00 FEET, A CENTRAL ANGLE OF 28 0 13'36" AND A CHORD OF 1,214.33 FEET THAT BEARS NORTH 75 °41'38" EAST; THENCE EASTERLY ALONG THE ARC OF SAID CURVE, A DISTANCE OF 1,226.69 FEET; THENCE SOUTH 00 °40'19" WEST, A DISTANCE OF 125.65 FEET TO THE POINT ON THE ARC OF A NON - TANGENT CURVE CONCAVE TO THE NORTHWEST HAVING A RADIUS OF 1,612.22 FEET, A CENTRAL ANGLE OF 01 0 59'13" AND A CHORD OF 55.90 FEET THAT BEARS SOUTH 61 °44'46" WEST; THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE, 55.91 FEET TO THE POINT ON THE ARC OF A NON - TANGENT CURVE CONCAVE TO THE NORTHWEST HAVING A 13 RADIUS OF 1,884.86 FEET, A CENTRAL ANGLE OF 27 °06'45" AND A CHORD OF 883.62 FEET THAT BEARS SOUTH 76 0 22'07" WEST; THENCE WESTERLY ALONG THE ARC OF SAID CURVE, 891.92 FEET; THENCE SOUTH 89 °55'30" WEST, A DISTANCE OF 236.97 FEET; THENCE NORTH 00 °04'30" WEST, A DISTANCE OF 5.00 FEET; THENCE SOUTH 89 0 55'30" WEST, A DISTANCE OF 648.76 FEET TO THE POINT ON THE ARC OF A NON - TANGENT CURVE CONCAVE TO THE SOUTHEAST HAVING A RADIUS OF 1,938.86 FEET, A CENTRAL ANGLE OF 16 °21'46" AND A CHORD OF 551.83 FEET THAT BEARS SOUTH 81 0 44'52" WEST; THENCE WESTERLY ALONG THE ARC OF SAID CURVE, 553.71 FEET; THENCE SOUTH 16 °25'46" EAST, A DISTANCE OF 5.00 FEET; THENCE SOUTH 73 0 34'14" WEST, A DISTANCE OF 197.11 FEET; THENCE SOUTH 16 °25'46" EAST, A DISTANCE OF 50.00 FEET; THENCE SOUTH 73 °34'14" WEST, A DISTANCE OF 38.30 FEET TO A POINT OF CURVATURE OF A CURVE CONCAVE SOUTHEAST HAVING A RADIUS OF 210.44 FEET, A CENTRAL ANGLE OF 17 °49'44" AND A CHORD OF 65.22 FEET THAT BEARS SOUTH 64 °39'22" WEST; THENCE WESTERLY ALONG THE ARC OF SAID CURVE, A DISTANCE OF 65.48 FEET TO THE POINT ON THE ARC OF A NON - TANGENT CURVE CONCAVE TO THE SOUTHWEST HAVING A RADIUS OF 114.83 FEET, A CENTRAL ANGLE OF 53 °16'33" AND A CHORD OF 102.97 FEET THAT BEARS NORTH 20 0 00'14" WEST; THENCE NORTHERLY ALONG THE ARC OF SAID CURVE, 106.77 FEET; THENCE NORTH 46 °38'30" WEST, A DISTANCE OF 12.64 FEET; THENCE NORTH 02 °35'53" EAST, A DISTANCE OF 4.57 FEET TO THE POINT OF BEGINNING. LESS AND EXCEPT ANY PART LYING IN ROAD RIGHT OF WAY. TOGETHER WITH EASEMENT RIGHTS RESERVED IN SPECIAL WARRANTY DEED IN FAVOR OF ORANGE COUNTY RECORDED JANUARY 26, 1996 IN BOOK 5004, PAGE 3955 AS AFFECTED BY CONVEYANCE RECORDED IN BOOK 9613, PAGE 3340. PARCELS 1 AND 2 AND PARCELS A AND B ARE ALSO DESCRIBED AS FOLLOWS: NORTH PARCEL A portion of the Southeast '/4 of Section 32, Township 21 South, Range 28 East, a portion of the Southwest '/4 of Section 33, Township 21 South, Range 28 East, and a portion of the Northwest '/ of Section 4, Township 22 South, Range 28 East, Orange County, Florida, being more particularly described as follows: COMMENCING at the North ' / 4 corner of Section 4 , Township 22 South, Range 28 East, Orange County, Florida; thence run South 89 ° 32'54" West, along the North line of the Northwest' /4 of said Section 4, for a distance of 5.37 feet to a point on the West pavement line of Hobson Road, also being the POINT OF BEGINNING. Thence departing said North line, run along the West pavement line of Hobson Road the following courses and distances: run South 00 °36'27" West, along said West pavement line, for a distance of 97.05 feet; thence run South 00 °02'53" East, along said West pavement line, for a distance of 109.92 feet; thence South 14 00 °13'33" West, along said West pavement line, for a distance of 49.38 feet to a point on the East line of the Northwest' /4 of said Section 4; thence run South 01 °27'07" West, along said East line, for a distance of 335.19 feet to a point on the Northerly right of way line of West Orange Trail, and the Easterly extension thereof, as recorded in Official Records Book 9613, Page 3340 of the Public Records of Orange County, Florida, said point also being a point on a curve, concave Northwesterly, having a radius of 2490.00 feet, a chord bearing of South 75 °22'33" West, and a chord distance of 1241.34 feet; thence run Southwesterly along the arc of said curve, and said Northerly right of way line, through a central angle of 28 °22'33" for an arc distance of 1254.57 feet to the point of tangency; thence run South 89 °48'36" West, along said Northerly right of way line, for a distance of 716.49 feet to the point of curvature of a curve, concave Southeasterly, having a radius of 1701.20 feet, a chord bearing of South 76 °57'03" West and a chord distance of 757.23 feet; thence run Southwesterly along said curve, and said Northerly right of way line, through a central angle of 25 °43'07" for an arc distance of 763.63 feet; thence departing said curve, run North 88 °45'08" West, along said Northerly right of way line, for a distance of 20.58 feet to a point on the West line of the Northwest %4 of said Section 4; thence departing said Northerly right of way line, run North 02 °32'49" East for a distance of 1057.99 feet to the Northwest corner of said Section 4; thence departing said West line, run North 85 °34'22" West, along the South line of the Southeast '/4 of Section 32, Township 21 South, Range 28 East, for a distance of 1299.85 feet to a point on the East pavement line of Ingram Road, said point also being a point on a non - tangent curve, concave Easterly, having a radius of 270.73 feet, a chord bearing of North 11 °27'01" West and a chord distance of 154.28 feet; thence run Northerly along the arc of said curve, and said East pavement line, through a central angle of 33 °06'32" for an arc distance of 156.45 feet; thence run North 00 °06'22" West, along said East pavement line, for a distance of 124.71 feet; thence run North 00 °19'38" East, along said East pavement line, for a distance of 100.28 feet; thence run North 00 °33'27" East, along said East pavement line, for a distance of 195.08 feet; thence run North 00 °12'46" West, along said East pavement line, for a distance of 92.97 feet; thence run North 01'14'04" East, along said East pavement line, for a distance of 93.06 feet; thence run North 00 °03'33" West, along said East pavement line, for a distance of 101.58 feet; thence run North 00 °33'07" East, along said East pavement line, for a distance of 100.77 feet; thence run North 00 °47'04" East, along said East pavement line, for a distance of 99.45 feet; thence run North 00 °16'57" West, along said East Pavement line, for a distance of 102.40 feet; thence run North 00 °07'59" West, along said East pavement line, for a distance of 89.10 feet to a point of intersection of said East pavement line with the South line of the North 130 feet of the Southeast ' / 4 of the Southeast '/4 of said Section 32; thence departing said East pavement line, run South 88 °01'27" East, along said South line, for a distance of 18.77 feet to a point on the Easterly right of way line of Ingram Road, as recorded in Official Records Book 3617, Page 1881 of the Public Records of Orange County, Florida; thence departing said South line, run North 00 °11'25" West, along the said Easterly right of way line, for a distance of 1509.95 feet to a point on the North line of the Northeast '/4 of the Southeast ' / 4 of said Section 32; thence departing the Easterly right of way line, run North 89 °29'48" East, along the said North line, for a distance of 1287.29 feet to the East '/4 corner of said Section 32, also being the West ' / 4 corner of Section 33, Township 21 South, Range 28 East; thence run South 89 °17'33" East, along the North line of the Southwest 1 /4 of said Section 33, for a distance of 2668.18 feet to the Northeast corner of the Southwest '/4 of said Section 33; thence departing said North line, run South 00 °04'48" West, along the East line of the Southwest ' / 4 of said Section 33, for a distance of 1408.86 feet to a point on the North line 15 of the Southeast ` / 4 of the Southwest '/4 of said Section 33; thence departing said East line, run North 89'52'10" West, along the North line of the Southeast '/4 of the Southwest '/4 of said Section 33, for a distance of 30.00 feet to a point on the West right of way line of Hobson Road, as recorded in Official Records Book 1956, Page 664 of the Public Records of Orange County, Florida; thence departing said North line, run South 00 °04'48" West, along said West right of way line, for a distance of 1409.17 feet to a point on the South line of the Southeast '/4 of the Southwest `/4 of said Section 33; thence departing said West right of way line, run North 89 °32'54" East, along said South line, for a distance of 24.63 feet to the POINT OF BEGINNING. Containing 309.38 acres, more or less. SOUTH PARCEL: A portion of the Northwest ' / 4 of Section 4, Township 22 South, Range 28 East, Orange County, Florida, being more particularly described as follows: COMMENCING at the North' /4 corner of Section 4, Township 22 South, Range 28 East, Orange County, Florida, thence run South 01 °27'07" West, along the East line of the Northwest '/4 of said Section 4, for a distance of 847.14 feet to a point on the South right of way line of Clarcona- Ocoee Road, said point being the POINT OF BEGINNING; thence departing said South right of way line, continue South 01 °27'07" West, along said East line, for a distance of 1839.23 feet to the Southeast corner of the Northwest' /4 of Section 4, Township 22 South, Range 28 East; thence run South 89 °20'41" West, along the South line of the Northwest '/4 of said Section 4, for a distance of 2651.43 feet to a point on the Easterly right of way line of Clarcona Ocoee Road; thence departing said South line, run North 02 °44'31" East, along said Easterly right of way line, for a distance of 1367.98 feet to the point of curvature of a curve, concave Southeasterly, having a radius of 150.46 feet, a chord bearing of North 38 °08'00" East, and a chord distance of 174.28 feet; thence run Northeasterly along the arc of said curve, and said Easterly right of way line, through a central angle of 70 °46'57" for an arc distance of 185.88 feet to the point of tangency; thence run North 73 °31'28" East, along the Southerly right of way line of Clarcona Ocoee Road, for a distance of 210.06 feet to the point of curvature of a curve, concave Southerly, having a radius of 1824.86 feet, a chord bearing of North 81 °42'06" East, and a chord distance of 519.12 feet; thence run Easterly along the arc of said curve, and said Southerly right of way line, through a central angle of 16'21'16" for an arc distance of 520.89 feet to the point of tangency; thence run North 89 °52'44" East, along said Southerly right of way line, for a distance of 885.73 feet to the point of curvature of a curve, concave Northerly, having a radius of 1,994.82 feet, a chord distance of North 76 °17'33" East, and a chord distance of 937.21 feet; thence run Easterly along the arc of said curve, and said Southerly right of way line, through a central angle of 27 °10'22" for an are distance of 946.05 feet to the point of compound curvature of a curve, concave Northwesterly, having a radius of 1,722.16 feet, a chord bearing of North 62 °27'15" East, and a chord distance of 15.15 feet; thence run Northeasterly along the are of said curve, and said Southerly right of way line, through a central angle of 00'30'15" for an are distance of 15.15 feet to the POINT OF BEGINNING. Containing 98.52 acres, more or less. 16 TOGETHER WITH EASEMENT RIGHTS RESERVED IN SPECIAL WARRANTY DEED IN FAVOR OF ORANGE COUNTY RECORDED JANUARY 26, 1996 IN BOOK 5004, PAGE 3955 AS AFFECTED BY CONVEYANCE RECORDED IN BOOK 9613, PAGE 3340. 17 EXHIBIT "B" REVISED ARDEN PARK CONDITIONS OF APPROVAL 1) Except as specifically depicted on this plan, stated in these conditions of approval or set forth on the waiver table, development of this property shall be consistent with the requirements of the City of Ocoee Code. 2) The City of Ocoee is subject to the terms, provisions and restrictions of Florida Statutes, chapter 163, concerning moratoria on the issuance of building permits under certain circumstances. The City has no lawful authority to exempt any private entity or itself from the application of such state legislation and nothing herein shall be construed as such an exemption. 3) The Project will be developed in six (6) phases or as determined by the PSP 4) Water and sewer service to Phase 1 will be provided by the City of Ocoee. Water and sewer service to Phases 2 -6 will be provided by Orange County. Reclaimed water will be provided by the City of Ocoee for the entire Project in accordance with applicable provisions of the City Code and subject to the availability of reclaimed water. At the time of platting, easements will be placed over the utility lines and dedicated to the City of Ocoee or Orange County, as appropriate. 5) Stormwater management shall be provided consistent with the requirements of the Ocoee Land Development Code and the St. Johns River Water Management District unless as otherwise noted in the waiver table. 6) All underground utilities shall comply with Ordinance No. 95 -17, which requires pedestal- mounted utility boxes to be placed back off the street, no more than 5 feet forward of the front building setback line, on all residential lots which are less than 70 feet in width where the lot abuts the street right -of -way line. 7) I. The existing grades on individual lots containing protected trees will be maintained as much as possible to preserve existing protected trees; provided, however, that mass grading will be permitted in the areas identified on the final subdivision plan on a per phase basis. For lots containing protected trees which are not subject to mass grading, there will be no grading or other construction on individual lots except as specified in the final subdivision plan, until building permits are issued for those lots. II. Removal of existing protected trees will be limited to areas where mass grading is permitted, clearing road right of way and retention areas as detailed in the final subdivision plan. All other existing protected trees on individual lots will be evaluated at the time of site plan review for that lot, to determine whether or not each tree needs to be removed. III. In order to insure that as many existing trees as possible will be preserved, all 18 road rights of way and retention areas will be flagged for review by the City prior to any tree removal. No clearing permits will be issued for site work or building construction until the trees to be preserved have been clearly marked with tree protection barriers. 8) "Limited grading area" shall mean road rights -of -way and easements may be mass graded. Lots will be graded on an individual lot basis so as to provide reasonable tree protection. Existing grades on lots will be maintained as mach as possible. Lots containing protected trees will have no grading or construction except as specified on the final site plan. i 9) "Protected area" shall mean no residential use is permitted. Environmentally enhanced stormwater management facilities, compensating storage areas, mitigation creation, open space, recreation and like facilities are permitted to be constructed in this area based upon an approved plan. Undisturbed portions of the protected area may be left in a natural state or enhanced with landscaping. 10) Before any construction within limited grading areas and protected areas, protected trees will be flagged and reviewed by the City prior to removal. No clearing permits will be issued for this work until preserved trees are clearly marked. 11) Except for areas where mass grading is permitted, the removal of protected trees shall be minimized to the maximum extent possible and no authorization shall be granted to remove a tree if the Developer has failed to take reasonable measures to preserve the trees on site. 12) Unless otherwise noted, a 5' utility and drainage easement will be platted along all side lot lines and 10' utility easement adjacent to the street right -of -ways. A 5' utility and drainage easement will be platted along all the rear lot lines that abut other lots and a 7.5' utility and drainage easement along the rear of lots that abut the outside perimeter of the development. 13) All utilities to be placed within the 10' easement along the front of each lot will be placed around existing protected trees to be preserved. 14) Each fire hydrant shall be painted OSHA yellow in color and a blue reflective marker shall be affixed to the street in the center of the lane closest to each hydrant. 15) All drainage, utility and maintenance easements shall be for the benefit of the homeowners association or local government, as appropriate. The land burdened by such easements shall be owned and maintained by the individual lot owners. 16) Reclaimed water will be used for irrigation purposes. It will be supplied to the development from the extension of the reuse system on Clarke Road in accordance with applicable provisions of the City Code and subject to the availability of reclaimed water. The single- family home sites and common areas will be individually metered. All reuse mains will be owned and maintained by the City. 19 17) The Developer shall construct appropriate curb cuts to enable the construction of ramps at all applicable right -of -way intersections (and other areas as reasonably required) in order to provide physically challenged persons access to sidewalks and streets. Sidewalks abutting each platted lot shall be constructed at the time of development of the lot. When sidewalks are constructed on corner lots at certain locations, the sidewalks will be extended to the curb and the appropriate ramps will then be constructed. Sidewalks adjacent to common areas shall be constructed at the time of subdivision improvements for the phase in which the common' area is located. Sidewalks for the entrance roads and loop roads will be constructed contemporaneous with the construction of subdivision improvements for that phase. 18) All common area improvements; including entry features, walls, landscaping and sidewalks along all roads, as well as landscaping around the retention pond tracts shall be completed prior to issuance of the certificate of completion for those corresponding phases which are platted. Notwithstanding any prior City policy to the contrary, prior to the issuance of a certificate of completion for any particular phase, the City shall allow each individual homebuilder to permit and construct no more than four (4) model homes for such phase, provided however, no more than eight (8) models total will be approved for any particular phase without the prior approval of the Director of Development Services. 19) Street lights, security lights and lighting for common areas meeting current code requirements shall be installed by the Developer on a phase by phase basis prior to issuance of a certificate of completion for the respective phase. Installation of such lighting shall be at the Developer's expense and the cost of their operation will be assumed by the Developer in accordance with Section 6 -8(D) of the Ocoee Land Development Code. In the event that Progress Energy has, through no fault of the Developer, failed to install the street lights prior to the time that a particular phase of development would otherwise qualify for a certificate of completion, the City will issue a Substantial Completion notice but will not allow a Certificate of Completion to be issued without the street lights installed for a particular phase. If applicable, the Developer and Homeowners Association will be required to complete and execute a City of Ocoee Developers and Homeowners Association Agreement for Upgraded Street Lights, as found in the Ocoee Land Development Code, Form 12. 20) A homeowners association will be created for maintenance and management of all common areas and facilities, including lighting, unless otherwise noted. 21) A homeowners association shall be responsible for the maintenance of all landscape areas. Landscape areas shall be kept in a neat, healthy and orderly appearance free of refuse and debris. 22) All tracts that are to be owned and maintained by the homeowners association or the City of Ocoee, as applicable, and shall be conveyed to the homeowners association or the City of Ocoee, as applicable, by warranty deed at the time of platting. 20 23) Any damage caused to any public right of way as a result of the construction activities related to the Project shall be promptly repaired by the Developer to the applicable governmental standards at the Developer's sole cost and expense. 24) There shall be no access from the property to Clarcona -Ocoee Road, Ingram Road or Clarke Road except at the approved locations shown on the Plan. 25) All cross access, utility and drainage easements shall be provided prior to or at the time of platting. 26) All f utilities including electrical, cable, TV, and telephone and including any on -site existing overhead wires shall be placed underground. 27) Parking shall be provided in accordance with the City of Ocoee Land Development Code, unless otherwise noted. 28) All legal instruments including but not limited to the declaration of easements, covenants and restrictions, association documents and deeds conveying property to a homeowners association shall be approved by the City prior to plat approval and shall comply with all Ordinances of the City in effect at the time of recording of any such instrument. 29) Arden Park stormwater system i. Private streets (gated) — The entire Project will be gated. All pipes, inlets, manholes and structures accepting runoff from each portion of the Project will be owned, operated and maintained by the appropriate Sub - Homeowners Association. Stormwater pond tracts, including landscaping, will be owned, operated and maintained by the Arden Park Master Homeowners Association. ii. Intentionally deleted. iii. The City and applicant agree to execute any deeds and /or easements as needed to complete the stormwater system transfer. 30) All existing structures (including buildings, power lines, existing aerial and utility facilities) will be removed and /or terminated prior to or during construction of the development replacing those uses. 31) Pursuant to Ordinance No. 2001 -18 all subdivision signage must be consistent with the legally assigned name of the subdivision. Any subsequent change to the name of the subdivision must be approved by the City Commission. 32) All stormwater management ponds will be unfenced with maximum 5:1 side slopes into the pond except as provided for by the waiver table. 33) All building pad elevations shall exceed the 100 -year flood elevation by a minimum of two (2) feet as established by the closest water body or the design of the project's storm water system. 21 34) All declaration of covenants and restrictions affecting the property shall include the following provisions: i. Provision allowing the City of Ocoee the opportunity to levy, collect and enforce assessments for maintenance of the common areas should the homeowners association fail to do so or should the homeowners association fail to collect assessments at a level allowing for adequate maintenance of the common areas. ii. Provision granting the City of Ocoee the right, but not the obligation, to repair and maintain the stormwater system should the homeowners association fail to do so and seek reimbursement from the homeowners association, or from the Developer if (i) turnover of control of the members has not occurred, or (ii) if the Developer is still responsible for the maintenance of the stormwater system. iii. Provision providing that the SWMS will be transferred to a responsible operation/ maintenance entity acceptable to the City in the event of dissolution and that if dissolution occurs without such approval then the City may continue to levy and collect assessments and impose liens with respect thereto notwithstanding the dissolution of the homeowners association. iv. Provision that the homeowners association shall at all times be in good standing with the Florida Secretary of State. V. Provision that at the time of turnover of control of the homeowners association to the members, the declarant shall deliver to the new board of directors the maintenance plan for the SWMS accompanied by an engineer's certification that the SWMS is functioning in accordance with all approved plans and permits. To the extent that any such engineer's report indicates any corrective action is required that declarant shall be required to diligently undertake such corrective action at the declarant's expense and to post a cash bond with the homeowners association for the estimated costs of such corrective action. vi. Provision that no property owned by the City of Ocoee or any other governmental entity shall be subject to assessments levied by the homeowners association. vii. Provision that any amendment to any provision affecting the City requires the consent of the City in an instrument recorded with the amendment. viii. Notwithstanding the conveyance of the storm water retention ponds to the homeowners association, or any provision to the contrary contained in these conditions of approval, the Developer shall remain responsible for the maintenance of the Project's stormwater management system (SWMS), including all stormwater retention ponds, until such time as (i) the entire SWMS for the Project is constructed and appropriate certificates of completion issued by both the City and SJRWMD, (ii) the stormwater retention ponds intended to be conveyed to the homeowners association have in fact been conveyed to the homeowners association, (iii) the homeowners association is designated as the maintenance entity on the records of the SJRWMD and all transfer records 22 required by SJRWMD have been executed and accepted by SJRWMD, (iv) the City has been provided with a copy of the Developer's proposed maintenance plan with respect to the SWMS, and (v) the City has been provided with a written statement from the homeowners association acknowledging receipt of the Developer's proposed maintenance plan with respect to the SWMS and that the homeowners association is responsible for maintenance of the SWMS. 35) The articles of incorporation and bylaws of the, homeowners association shall be consistent with the forgoing provisions. 36) Final street naming will be coordinated through the City building department at the time of final plat submittal. 37) All landscape areas will be irrigated and have an automatic rain sensor. 38) The Developer shall comply with Ordinance No. 2001 -19 regarding community meeting room requirements for residential subdivisions, except to the extent those requirements are waived herein. 39) Nothing herein shall be construed to waive any provision of the Land Development Code except to the extent expressly set forth on a waiver table or explicitly set out on the plan. 40) The entire Project will be gated. Therefore, the gates and subdivision shall comply with Article VIII, Chapter 34 of the Orange County Code for gated communities as well as any amendments to that Article that may be enacted prior to approval of the PUD. Further, in the event Orange County rescinds or ceases to have regulations for gated communities, then the regulations in effect at the time of PUD approval shall control. All references in said County Code Chapter to the "County" shall be deemed to refer to the "City" for purposes of this requirement. 41) An overall subdivision plan shall be available for review by prospective buyers in all on site residential sales offices. 42) To the extent any lift stations are required on the property they will be conveyed at the time of platting. All such lift stations shall be fenced with black; decorative aluminum fence, and shall be set back no less than 25' from any street. Such lift stations shall also be screened with hedge -type shrubbery, such as viburnum or ligustrum. All such lift stations shall meet all requirements of the City of Ocoee or Orange County, as applicable. 43) During submittal of a PSP for any single - family development, the Developer must show "common areas" where required recreational facilities will be located within the residential subdivision, in accordance with the City of Ocoee Land Development Code. 44) All screen walls, landscape buffers, entry and corner landscape improvements, and sidewalks shall be completed prior to issuance of the Certificate of Completion for those areas which are platted. 23 45) Each platted phase of development shall stand on its own, or in connection with previously developed phases, with respect to public services (sewer, water, stormwater management, access and other related services). 46) The development of this Project will incorporate the stormwater needs of all roads within the Project, the Clarke Road extension and the Ingram Road Improvements. In accordance with the Center Lake Annexation Agreement referenced in COA #48 below, that portion of Clarke Road will have its stormwater management needs served by the Center Lake property: 47) In any gated area, a perpetual, non - exclusive easement for access over all internal roadways and paved areas shall be granted in favor of the City and other applicable authorities for law enforcement, fire, and other emergency services. 48) The following provisions shall apply: I. The parties acknowledge that Clarke Road is intended to be improved from the intersection with Clarcona -Ocoee Road (the "Intersection ") to the northern boundary of the Property (the "Clarke Road Right -of- Way ") as set forth on the matrix found on Sheet 6 and identified as Table 1 thereon. The Developer shall construct Clarke Road in accordance with the phasing schedule as set forth on said Table 1, as modified by COA No. 48(XIV) below. II. It is acknowledged that Center Lake Properties, Ltd., or its successors and assigns, shares responsibility for a portion of the Clarke Road Right -of -Way improvement as set forth in that certain Annexation Agreement between Center Lake Properties, Ltd. and the City dated August 21, 2001 and recorded in Official Records Book 6332, Page 3000, Public Records of Orange County, Florida. Access points to the Project shall align with the Oak Trail Reserve access points. III. Center Lake Properties, Ltd., has committed to meet stormwater requirements for a portion of the Clarke Road Right -of -Way as set forth in the Annexation Agreement. However, if the Developer undertakes the extension of Clarke Road prior to Center Lake Properties, Ltd., then the Developer will need to provide for the stormwater requirements with the Property on a temporary basis until such time as the Center Lake property is developed. IV. Developer shall demonstrate that there will be no extraordinary increase in construction or maintenance costs as a result of the depicted Clarke Road Right of Way alignment. V. Developer shall be responsible for any wetlands mitigation necessary due to construction of any portion of the Clarke Road Right -of -Way on its Property. VI. At Developer's expense, Developer will prepare and provide the City with a metes and bounds legal description and sketch of description of the Clarke Road Right of Way and shall incorporate the same in plats of that portion of the Property adjacent to the Clarke Road Right -of -Way. The aforesaid legal 24 description and sketch shall be certified to the City and shall be subject to the review and approval of the City. The foregoing shall be accomplished in conjunction with the preliminary subdivision plan for Phase 4 and shall be shown on said preliminary subdivision plan and the final subdivision plan for Phase 4. Clarke Road shall also be platted in accordance with the phasing schedule set forth on Table 1 on Sheet 6. VII. Until such time as the improvements contemplated for the Clarke Road Right -of- Way are completed and accepted by the City, the Developer shall be solely responsible for the Clarke Road Right -of Way, including, but not limited to, the maintenance thereof and the payment of all applicable taxes. VIII. Neither the Developer, its successors and assigns, nor any other person or entity shall be entitled to any road impact fee credits or other compensation of any kind for, on account of, or with respect to the required dedication and conveyance of the Clarke Road Right -of -Way to the City, or the design, engineering, permitting, and construction of Clarke Road, except as set forth below in paragraph 48 (xiii). IX. Developer shall, at the appropriate time, apply for the vacation of Hobson Road so as to facilitate the development of the Clarke Road Right -of -Way and quit claim said right -of -way to the City of Ocoee after construction of Clarke Road. X. Developer shall, at its sole cost and expense, design, engineer, permit, and construct the entire Clarke Road Right -of -Way extension, except for that four - lane segment to be designed, engineered and permitted by Center Lake Properties, Ltd. (Center Lake Segment) pursuant to that certain First Amendment to Development Agreement by and between the City of Ocoee and Center Lake Properties, Ltd. Developer will be responsible for the reimbursement of design, engineering, and permitting cost of the western two lanes of the Center Lake Segment, including turn lanes. Developer will be responsible for the construction costs associated with the western two lanes of the Center Lake Segment, including turn lanes. The design, engineering and permitting will be accomplished at the same time, but the construction may be phased in two lane segments. The preliminary engineering for Clarke Road shall be included', with the Preliminary Subdivision Plan for Phase 4 and the final engineering for Clarke Road shall be included in the Final Subdivision Plan for Phase 4. Said plans shall include all utility extensions and stormwater requirements at Developer's expense. Developer shall construct its share of the Clarke Road Right -of -Way extension as herein described as follows: (a) the section from the Intersection north up to and including the Clarke Road entrance into the Project shall be constructed with Phase 4; (b) the section from the Clarke Road Project entrance north to the southern boundary of the school site (a/k/a Phase 6) shall be constructed with Phase 5; and, (c) if Phase 6 is developed as a school then either the Developer or the School Board, as negotiated between themselves, shall construct the section from the then existing northern terminus of the Clarke Road extension to the northernmost entrance into the school site, however, if Phase 6 is developed as residential then Developer shall construct said section. 25 XI. The Developer shall, within 60 days of a request by the City of the same, but in no event later than platting of the applicable portion of Clarke Road in accordance with the phasing schedule set forth on Table 1 of Sheet 6, convey to the City the Clarke Road Right -of Way. The conveyance shall be by special warranty deed free and clear of all liens and encumbrances except for those matters acceptable to the City. The form of the special warranty deed shall be subject to the approval of the City. The Developer shall, contemporaneously with the 'conveyance of the property, provide to the City a current attorney's opinion of title, or a current title commitment to be followed by a policy of title insurance, evidencing that fee simple title to the property is free and clear of all liens and encumbrances except for those matters acceptable to the City. The costs and expenses related to the conveyance of the property, including the cost of title work, shall be borne solely by the Developer. Real property taxes on the property shall be prorated as of the day of the City's acceptance of the conveyance of the same, and the prorated amount of such real property taxes attributable to the Developer shall be paid and escrowed by such owner in accordance with the provisions of Section 196.295, Florida Statutes; provided, however, that if the conveyance occurs between November 1 and December 31, then the Developer shall be responsible for real property taxes for the entire year. Access points for Clarke Road will be as shown on the Plan. XII. If Phase 6 of the Project is developed as a school site, and if requested to do so by the City, the Developer shall construct the remaining portion of the Clarke Road Right of Way extension from the northern most road connection intersection (driveway) on the school parcel to the northern boundary of the Property. The Developer shall be entitled to receive City of Ocoee Road Impact Fee credits for the actual cost of construction of such improvements for only that section of Clarke Road, provided, however, that such Road Impact Fee credits will not exceed the price for such construction that is approved by the City prior to such construction. XIII. All property east of Clarke Road, owned by Developer and adjoining Lake Trout are to be conveyed to the City of Ocoee at the same time and in the same manner as the Clarke Road Right -Of -Way is to be donated as set forth in 48(xi) above. XIV. Clarke Road will be built in phases pursuant to 48(i) or prior to the completion of construction of the elementary school within the Project, whichever occurs first. XV. Intentionally Deleted. i. Prior to obtaining issuance of building permits for Phase 5 of the Project, Owner shall improve that portion of Ingram Road adjacent to the Property into a 24 foot wide curb and gutter section two lane roadway as shown in the Land Use Plan ( "Ingram Road Improvements "). Further, the Developer shall be allowed to AM design and construct a Low Impact Development drainage system that would utilize swales. No connection to Ingram Road is planned. In consideration for the construction of the Ingram Road Improvements and provided that the improvements to Ingram Road as set forth in the Land Use Plan are commenced within the time frame set forth herein and completed within one (1) year of commencement, the Developeri shall be entitled to receive City of Ocoee road impact fee credits for the actual cost of construction of such improvements upon issuance of a Certificate of Completion for the Ingram Road Improvements and acceptance by the City. The Developer shall submit to the City's Development Review Committee ( "DRC ") satisfactory documentation to support any Road Impact Fee credit pursuant to this Condition and the actual amount of the Road Impact Fee credit shall thereafter be determined by the DRC based upon a review of such satisfactory documentation in the manner provided by the Road Impact Fee Ordinance. The DRC shall not be required to approve any Road Impact Fee credits for costs incurred by the Developer which exceed the amounts set forth herein. Except as aforesaid, the Developer shall not be entitled to any compensation in connection with the Ingram Road Improvements. ii. In the event that the Ingram Road Right -of -Way adjacent to the Developer's property is less than 60' wide, the Developer shall donate additional Right -of- Way on the eastern side of the existing Ingram Road Right -of -Way. The City shall be responsible for any additional Right -of -Way needed on the Western side of the existing Ingram Road Right -of -Way. iii. All stormwater needs related to the Ingram Road Improvements where they are adjacent to the Developer's Project will be provided by the Project's stormwater management system and constructed prior to obtaining issuance of building permits for Phases 5 or 6. iv. At any time prior to the Developer constructing the Ingram Road Improvements, the City or any other governmental agency may elect, at such party's option and expense, to construct or cause to be constructed the Ingram Road Improvements. To the extent the City or other party constructs such improvements to Ingram Road, Developer will not be entitled to any road impact fee credit in connection therewith. V. Intentionally deleted. vi. Neither the Developer, its successors and assigns, nor any other person or entity shall be entitled to any road impact fee credits or other compensation of any kind for, on account of, or with respect to (a) any dedication for Ingram Road right -of- way as set forth in 49(ii) above, or (b) the turn lane improvements set forth in 49(v) above. 50) Development within the 100 -year floodplain and jurisdictional wetlands are subject to the provisions of the Ocoee Comprehensive Plan, which may under certain circumstances allow development in the 100 -year floodplain elevation or jurisdictional wetland 27 boundary. The Developer may propose development within these areas based on Policy 2.3 of Chapter 5 of the Ocoee Comprehensive Plan which permits such development in cases where offsetting on -site environmental mitigation or enhancement of these areas is demonstrated to improve natural functions or to provide low- impact uses or recreational amenities which encourage enjoyment of such areas. Any such exceptions shall be evaluated as part of a preliminary subdivision plan submittal. Nothing contained herein shall be construed as granting any such exceptions, unless waived by the City. 51) An emergency access easement to all retention ponds and over all drainage easements within the Project shall be dedicated to the City of Ocoee for emergency maintenance purpose at the time of platting. The emergency access easement will not impose any obligation, burden, responsibility or liability upon the City of Ocoee, to enter upon the subject property or take any action to repair or maintain the drainage system. 52) Development of this property shall be consistent with the Development Agreement. In the event of a conflict between this Plan and the Development Agreement, the Development Agreement shall control. 53) The Developer shall construct a 6 foot high brick or other cementitious wall system along: (1) the western perimeter of the property abutting Ingram Road; (2) the southern perimeter along Clarcona -Ocoee Road; (3) the eastern perimeter along Clarke Road; and (4) Phase 1 northern and western perimeter along Clarcona -Ocoee Road. Said wall shall be within a 10' wall and landscape tract. A homeowners association shall own and maintain the wall and landscaping within the 10' wall and landscape tract except that all grass and landscaping on the interior of the wall shall be maintained by the adjacent lot owner. The time of construction of the brick wall is set forth in Table 1 on Sheet 6. 54) Intentionally deleted 55) Intentionally deleted. 56) Intentionally deleted. 57) Short term rentals (rental term less than 6 months) shall be prohibited. This restriction shall be incorporated into the declaration for the Project and shall provide that the provision may be enforced by the City. 58) Intentionally deleted. 59) Intentionally deleted. 60) Intentionally deleted. 61) Intentionally deleted. 62) Intentionally deleted. 63) Intentionally deleted. 28 64) Intentionally deleted 65) Meadow Lake, the 100 -year flood plain adjacent thereto, and a 25 foot buffer upland from the 100 -year flood plain will be conveyed to the City at the time of platting, but will be controlled and maintained by the Developer until such time as the City makes passive improvements thereon or otherwise advises the Developer that the City is assuming control and maintenance thereof. The City may open such tract to the public anytime after the City assumes control thereof. 66) Drainage easements between lots are shown for locational purposes only. Final easement dimensions (widths) will be shown on the final subdivision plan and will be sized to meet City requirements. 67) Each residential lot shall have the minimum of three (3) trees per lot, and one street tree with a minimum size of 10 ft. in. height and 2 inch diameter at breast height (DBH). 68) Intentionally deleted. 69) For all privately owned streets, the homeowners association will be responsible for the continued maintenance of all streets and sidewalks in accordance with all ADA requirements that may now or hereinafter be applicable to the Project. 70) The Developer must develop the project in the phasing sequence noted on the Plan unless it receives written approval of the City to deviate from such sequence. Prior to granting any such approval, the City may require that the improvements set forth in Table 1 on Sheet 6 of the Plan be constructed and accepted by the City with respect to any lower numbered phase. 71) The City has acquired an Underground Water Reuse Line easement, recorded in OR Book 9905 at Page 6085 of the Official Records of Orange County, Florida as necessary for the extension of utilities through the property located east of Phase 1 and south of Clarcona -Ocoee Road (the "Woodbery Property "). Prior to execution of this Second Amendment the Developer has, at its sole cost and expense, designed, engineered, permitted and constructed certain utility improvements that are necessary for the development of the Property, including but not limited to potable water lines, reuse water lines and sewer pipes, within such easement area. Notwithstanding anything in the Arden Park PUD Land Use Plan, the Arden Park South Final Subdivision Plan, or in the Development Agreement to the contrary, Developer will not be required to construct an access road across the Woodbery Property. 72) HOA responsibilities shall be as follows: Arden Park Master Homeowner's Association (APMHOA) shall be responsible for • All Phases will be members of the APMHOA • Overall Operation & Management of the entire Development • Architectural Review Committee for the entire community 29 • Master stormwater pond tracts operation and maintenance (all Phases) • Operation of all amenities in Phases 2 -6 • Common Area Maintenance (for all Phases outside of gated areas) • Brick or Cementitious Wall / entry signage maintenance & replacement • Operation and maintenance of Clubhouse /Community Meeting facility Arden Park Phase Sub -HOAs (If gated) shall be responsible for: • Only applicable Phase owners will be members of their respective Sub -HOA • Budgeting for capital replacement/maintenance of infrastructure within its respective Phase per the "Orange County Gated Community Ordinance" • Common Area Maintenance (excluding stormwater pond tracts - included in APMHOA) of areas within the gated portion of the respective Phase • Operation & maintenance of the respective Phase stormwater management system • Operation & maintenance of all amenities within the respective Phase • Operation & maintenance of the respective Phase gates 73) No trees, only sod or soft wood shrubs may be planted over City of Ocoee utility lines 74) The Owner will design, engineer and construct the Project's master stormwater management system to account for the proposed elementary school site. The Owner will also mass grade and stabilize the school site during the appropriate phase of construction. The school site will be platted concurrently with the plat that creates the road network providing access to the school site. Appropriate drainage easements, in favor of the Orange County School Board, will be granted at the time of platting of the school site, either by plat or separate document. 75) A 25 -foot upland buffer is required above all wetlands and 100 -year floodplain areas unless waived by the City as part of an environmental enhancement program. 76) All right of way outside of the gated portions of the property, unless directed otherwise by the City, will be conveyed to the City by special warranty deed. 77) a. As the Developer's contribution towards the Intersection and for the mitigation of traffic impacts arising from the Project, the Developer will pay to the City a cash payment of $250,000 (the "Traffic Mitigation Payment "). The Traffic Mitigation Payment shall not be offset or reduced. Neither the Developer nor any other person is entitled to road impact fee credits as a result of such payment. 30 b. The Traffic Mitigation Payment shall be due on or before the earlier of (i) January 1, 2015, or (ii) the date on which any building permits are issued for Phase 3 of the Project; provided however that the City may by written notice to the Developer require that the Developer pay all or a portion of the Traffic Mitigation Payment at an earlier date to the extent the City determines in its discretion that such funds are heeded to pay towards the design, engineering, permitting, installation construction or signalization of the Intersection and other improvements related thereto. In the event the City provides such notice, the Developer shall pay to the City the amount requested within thirty (30) days from the date of such notice. C. Intentionally deleted. d. Prior to the effective date of this Amendment, the City has contracted for engineering services for design modifications to the County's Clarcona -Ocoee Road Project in furtherance of the County Project Revision. Upon receipt of an invoice from the City, the Developer shall reimburse the City for the cost of such engineering services and shall be entitled to a credit against the Traffic Mitigation Payment for such reimbursement. 78) A fifteen (15) acre parcel has been reserved on the approved Arden Park PUD Land Use Plan for potential acquisition by the School Board of Orange County for an elementary school (the "School Site "). No building permits will be issued for any phases beyond Phase 4 of the Project unless the School Board has: (i) acquired all or as much of the School Site as it desires to acquire for use as an elementary school site; (ii) entered into a binding contract with Developer for the purchase of all or such portion of the School Site as the School Board desires for use as an elementary school site with such conveyance to occur prior to the issuance of building permits for Phase 5 of the Project; or, (iii) given Developer written notice that it no longer intends to acquire any or all of the School Site. Nothing herein shall be construed to require that the Developer convey the School Site at a price below the fair market value thereof. 79) In the event that the School Board notifies Developer that it has decided not to acquire the School site, or any portion thereof, for an elementary school site the Developer shall provide written notice of the School Board's decision to the City Manager with a copy to the City Attorney. Upon receipt of such written notice the City shall have sixty (60) days to notify Developer in writing whether the City desires to purchase the School Site at its then fair market value, such purchase to be consummated within sixty (60) days after the Developer's receipt of the City's notice of election unless otherwise agreed in writing by City and Developer. 80) The Developer shall design and permit, at the Developer's expense, eight foot (8') wide sidewalks along the west side of Clarke Road north of Clarcona -Ocoee Road. The forgoing shall be incorporated into the Preliminary Subdivision Plan and Final Subdivision Plan for Phase 3 and shall be considered part of the Arden Park Clarke Road Improvements as defined in Paragraph 4.A of the Development Agreement. The sidewalks shall be constructed as part of the phase for the portion of Clarke Road 31 adjacent to such sidewalk as set forth on the phasing schedule (See Table 1 of Sheet 6 of the Land Use Plan). 81) In the event of any conflict between the provisions of these Conditions of Approval and the Development Agreement (Arden Park), it is agreed that the provisions of the Development Agreement (Arden Park) shall control. 82) In light of Orange county's ongoing improvements to Clarcona -Ocoee Road which call for a four lane divided roadway through Arden Park, the City shall not require the Developer to construct temporary turn lanes within the Clarcona -Ocoee Road right -of- way provided, however, that if Orange County has not commenced construction of the section of the Clarcona -Ocoee Road improvements through the Arden Park property by the first anniversary of the City's issuance of a Certificate of Completion for the Phase 1 (i.e., Arden park South) infrastructure, the Developer shall be required to construct said turn lanes and sidewalks in accordance with approved plans. 32 EXHIBIT "C" (WAIVER TABLE) ORLDOCS 12731472 3 33 C y C O L L L O N� C {6 N O N N L /1 LL E °- S @ N @ m W Y ro N �O ro= Y ro L m ro ro U N C a C ro C ' U 7 ' J C Q Y C N N a) LLI m c 4 O N C C C O N E € ' O o 0 V ' O C U C C d -� E y EvE C Eaa m r: ro a) tO 0 U a) a/ O C N T O J ro C ro ro IL a ro Ol chd oo m E v E E � Mu Z ENE � i O cE N a a) • o 5 o ❑ H ro0) m ro . - W .2 Q c Y m n E E n E m E CL U a ro E c o 0 o c o J ro LI. v N a N a N w N12 ..LO_. ro € '0 a) C a) c C _ N o. y CL q O C N N N O N y N C E ._ C Z E S; U U C _. U ro U 1 A` N ro ro y/ N O a) Y N : N ro N N D C N C C C> L ad CL N N AN � N. O �1 Q V d a) 0 a) 0 0) 0 0 N a) a) .0 Y 4 r O w O N G> 0 > C C N w N C Of N� N C1 W V _N N_ 7 N T m CL L F a v FaF F u�I N N N E U ro E ' W ro r- 2 in J L `/ N O �+ O L1J 0 C O Q m CL O o � 1 ro w < 0) > E � n `G a v E N v N> > c w o x E O / O W m Z lL Z W iL N T Q v a a) U N n Q _ 5 O U O C L_ J C N a � m o 0 a a) E L O co v v' 0 o LL m z o f; U)z ° 0 0 O N C O C C a) . E; o€ E o c a W yc oa)0) to o E w ro mm•� a) u E a? � m v v v) o CO Y , 'c� cam E E a as O C 7 C U v rn�c E ° .c a) >m c. N o O} Ov �� E w a: LU a N V cp Q w OI Ci) CA x rri cri cq co co 0 of � ri ri ri � t0 cD (D (0 cD a1 �- N M V w (1 7 N N a O 4 O 7 o m N v ro C L o° O.� t U ° o ) E N L C 0 - N a) E � ° E c U O N U O 7 N 0 U ,O 3 2 O N ro N t a T O C t � w U U E ° 0 4? a 8 v= EL Eo ° o UN� s ro � L a) O. N c C w L O O co CL CT a� E ° O C ro 7 E a U U Q Y 0i of 6 0i co m 'O o U U 0 a) O U L ° C o n U ro L o `o v m O fV Z J � C) o EL a w w aa) o U C C O ro CL o E o- 0 C C ro .N o a) N ro C a CLn Y ar w + L ... o v CL E O 0. O > O CL C a) O (0 w N a `o E Z C d ro o L c E 0 10 c `mw CL � y O O C R O C O 0) ro c a p U N Q_ C N N O E m o U N U 0) O. N a 0 a) v E > c O w d o a) a) d or w _c C O W O +L N Q o E T c 0 0 0 o � E C U U U a) a m ro ar o a�i ro v m N N co O O O z z z N > p > > OI o 3: - Z - 0 C-i ai uj 7 u� m M CL W z O U Z // N W 1.6 ❑ a H ❑ W O w cn a 0 D Ix a 0. a J J a z O o Q ❑ ❑ z a cn ro a) i+ L =p p D ro a ) m N A E � 03 o c •Y U J a) p r a) r m � c o c Q c 3 O O N C C ro O N La 'N C C '(2 N Q) C C U m � O) N ro a N c N N O U Z o v C N U- N � L V Qav O O N r a) CL o o c v O 3 N L C a 0 r r co m N C 0 o E E x W N (n U ro v U w 0 O U Y Q ■ .ARDEN PARK PLANNED UNIT DEVELOPMENT g� LDla:9 —DTP, 13- 21360pW8 4 ]331.26000000006 �'° °' P ]131- ]Z0000a60t1 G°d^M^�F° °F Avvi.tlm ln<. C 1 16 (5) A -I \sg+2lsooao SCHOOL SITE 15.0 AC. Idd � SR DATUM 'OMf A 4EF 1119 KTxCIFi lli9 70POSEDU2FS IRTA°UD bgl�EFA6m.Y UFS UNfisl� 1 ATI'wO ®SVx]B FMdLLY MU Fxw�• FAC4IDF5 MA %NUI6ROFDWDLNC IIlIII1 fU RLL xsmearbDmrr� �w aw.c E saron.valmnwlloec (we o.u..lan eEa oF,v+¢muerrrrme � @\ DBamDRrsolooi i„ 4 i 1®DIg S°RwL A -1 Iblalsalooi sr5zwemrt5lFS io eFaomssLAIm DEYF]nF9mrrmbe g bw.Dl6Arwl¢irv4 ua suu ura<2s _ �rwucuF sFFnw mFxlus Y c1lmDnbxrwru u�wsrwn srowwwrulwSNACE.mm omFx.ylLw nw9m5Rns REnul)oNAlut4 A�(w nu..s(P6onB rER PI UQ•" 1wUV22RRDYlA0Pa1) )LIBI0E9 WADI N010N- OrA1Ri mIMIY SEWFl: SOVIH. WAIR U1e12 16D °lD/P1 V. OR ]HA00 2AOBJl1LRU.Ol3wa00 fi QIYOFOmFe o]AVYxIAxFw IAnNw:ExVw•F: nudwr�m:b. w69auu D. dwq:wYlsm)dfj Q53R368000000)6 AnFi® WAY. NAA1.Ot�E Q1QAAIRMD Mu.6.. — -A- WAY. os- a- z60o06ppp]z A -1 © RFS0JD4DAI. DEFA69ED ®Ix°IY cR. SINGIEFAWLY IIOA¢S OS•11 ® RFSmwsw.ArrAaDV !� 1 mmcRi:olNC Aa2.s MT1N @m' SW(RE FAMILY NOMFS .lumcw.nID. ® AC93S9MO STORM PRD11 - BTORMWAYEY 1AANM9.51nti6'OND �. n1ASE IJAVIS � PADJECEENIRANCfi I A -1 ncuo ®m.11orm lm o Iwo ->Im m9 L = � 12 N . M .mo A l � "- -0OW06001 OF3nmQI1 V1011591ER>wTflvLLNm M.9mb1Y1mo]Immaxigd r T 7 _�—�� I °°�'YT v— �� RESMUTRAL CUIDELWF_S ^^ tu y A.m wrvxaww6 °f iswa m aw ° w�"' iou. '�nm.ivm^rr41111:,..;,wRw°A°wr. HO1FII ..°` Da6Fd„ S ,NFm1°65D>:6LY,°1�6R56;5wr9„ ^.� —� —i SCHOOL CONCURRENCY NOTE wrBUCe t_ rnnLrcerSnw z°Nlnc sux9]5us+wxfirn PRDroscn NU.55BER 1¢r uNSr Iwnv uleer9,u1 B wLLOwxBLB DrSmYls xunweb DruNrrs b1FSeRBNCe rnsrlx 6r FxR 3119.ae. RIM(Sg1eFa0.)d 0 01a <1(299).a.AJae 956:mi•.. 925 D:w.. w�asaFF.:.y -uw:m WBNry PwmIJP DE323.000OOOODI A -1 ig a I A -1 ROAD (180' ROW) Z IDR(ICr Ovmy � — ds im awe+. a�t xrd. w. 9 .,ue�.el.awHam:d�uoo5wemjl�vsed ®w.+�:��rimw.n�x 1 ^ � I P.U.D. DEVELOPMENT PLAN m , _ , D1O 600 W 1300 R�oaos cmin associates DWNER ATTORNEY ENDR -DER SURVEYO AEfUQAZ 05,�05 UrWe 8 Enr:6xnenW Plwnw. • Lamscape NcrolecU xROf SewRevrxlU6i5, DL FELL RANOOR ESQU LANQBEMRTI BVIOEAIIF2I N1.5F_9 R. NML ]O RUN 06 SOO Od.:55 Arvrve, OWd9, ilwib J2B01 (10171?1 -1010 26W MArIlA1.D (2NIFR IAWIJDFS•DRDBDIOC MSGW LVG AILEV f. CD1.IP.:lIY ASSOCIAIFS If4G 02 A 06 :oe Wwa6 s:rt. w0. 26 06 PKWY. SIP.100 OOSIIRRANEDR 4eFID 1)ID NEW BRON)ST. 113E EASFRO6INSON SYA 31SI400. SFOIADIWE ORf.WOO, F119wOA ]LI4 ORIAIVIO 31.01 D SCO DFI.IT)EYAVE ORI.WDO.F1nA1DA ]3601 11 SEPT SEP O6 IO DEC 04 1' =300 2020 So(l0 MAD1M'D.FIDAIDA JRibI —114 ORIANDO, FYARIDA 3)&II Mi- 133.]1H1 10)891.1411 407641 -16ro WIi2290f0 17 2)OCC06 el tt)x00. cw,ry tiipcuhs, :+� OI MAAO) w wr...ivrv_CW .ppFec r ROAD (180' ROW) Z r�-`5 7 7- r O O O q W ^ �bG Z 0 L a 0 � 0 - ! ®- n O O r - 0 a) L a --i 0 0 L 0 " a 0 0- 0 co 0 75 0 > U— ^ W ^^\ W Ln co u W .. D. 4 O- U C o J V O O O c � O t U � _ aw a C � E qc m - _ v o N O E Q (n c r O O O q W ^ �bG Z 0 L a 0 � 0 - ! ®- .. _ O O r - 0 IM 0 0 0 " a 0 0 0 0 0 0 2. Em � Cc�ry M d a Ln co u W m C O t � _ aw C � a F.ci�v�a a qc m - _ v o , I O O (n c E E N U N C ¢ ¢ E E N aE '= E 6,um n Q Q w m° Q m m p we > > > X E C d C (9 ❑ O- ¢ 7 L m Om O p 3 a ���LL �um ' ho`mo O m p E D N0 N �- C O L r O O O q W ^ �bG Z 0 L a r r N N N r � n R U I),,�OLL CL V i 0 0 0 - ! ®- .. _ J - n O r 0 1® i 0 0 0 0 " V 0 0 0 0 0 0 2. Em N M V. Ln co r- W m C O n D _ C � a - _ v o , I O O (n c E E r r N N N r � n R U I),,�OLL CL V i 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 N M V. Ln co r- W m C O C ° o O O (n c E E N U N C ¢ ¢ E E N aE '= E F, Q Q w m° Q m m p we > > > X E C d C (9 ❑ O- ¢ 7 p O p 3 a d C ¢ O m p E c E N0 N �- C O L .0 c- C O O U O O U - E O�� CC 0 'OC ci 0 O O = 4 R) C ID > N p 7 p O. > ' C N Co U E fn U w- m- ad o¢ U 2i z ¢Q r r N N N r � n R U I),,�OLL CL V i at ` ^^crs RRV A ,q.s� Tc L GAL DESCRIPTION' � 7 \ /R _�' ������' Lomt 2 J, EMMAA. sNIEFF SUppIVISIOrv, accaNingame I / \1 � 1I\l I(I Fasleay rlghgof -way llneror e tllstanced136].901eetmelldnlIN ° aBowneeINed ana lamn ealpa pr t5p.4fiu Sala Eeatedy Y" m II NoMeazleryam8sadcurve 1pmu9hacentra anged]0 °4BG]• rc tllsance of teGBe reelbepdntmmngemyaso be nga print On meneay weY linemWest Orange Tral Plat t bed In Plat Book G. Page fOfi, Public RewNa 9.A I Cowry, ARDEN u,. / ^'' ` /// xi `// �IIIII / / / / /� // I \ I / � I a ratl s e! 1024 -86 feet manta run Eaieay alOpg Sala cwa mraugaacan PARK O.lN, less courdyrmtl rgMd -way. r {I ICI (t,l�- �'r�,1111 I, INacurve rand na eeb nerve run Easmdr am ea'm miro: aghecenbziangiea2]°tg'2z•rw,are ROW PEP, elal_y s aor, wive mm rime „sf m INCOmpmM ar,- awreora y ana nar d mgaraaiaa p11T22.19 feel ll rw Eeslw' lM1e ea of seta curve lNOUpnecenael anglem 00 for an arc tllsanpa ol16.15feetb amremld FOWTOF BEGINNING. - of s0uthwestmmerof Nwmwesl ` /., Brow =hl`us ° °'bR ° °a2BEaz`mp " ° "bss 31 mama, manta Eazmay in cenlero(Orwga Bell Rallmad 19.fia Llh _B. lM1enee Fast 42 6. chelns. Hence PLANNED UNIT DEVELOPMENT N.l�` Nodh drams, thenm Weal4o Wine, mesa SouN40 chains. E a g M11�` y cnarns, less rdlreed rlgMar -xzy am lesscounly matl S pa INecmn 3 ..4 33, Tawnahip z, Go— Range ze sedipn 4, T0rmanip 26 zz sow,. Ran Easl. Orange Co ear wry, Florida, desmbee ea rOlbws: - -- ANO Baglrmm'I at a point In me canter of A.CL Rai.rom Rly,[dway, 910.8 Iee1 Eas[ and ...... mae or less Scum ofNa un S89 dlsance o .1,G. O . d afam L4 N e I mnmvasmmeazhayha paIN 19 39.' Seat ends a°N SEf la of 58, °4296^N'; thercerun lhwetery along Um arc of Sa curve mmugh a mnlal angreor ry SOU ne 6 Ef a�a .na nn 191.11' IN $edim 4, Township 22 sine, Range20 Feat - LS L6 N 16'28'32 - W N 13'31'28" E O6A7 feet, more or less, ro 9re SmN fine dare R en Yaf eaId sM 4. Hence Eaz1 B,B tee, nwreorless, L1 ie9. esl mmerd ih W r l or EMMAA. STIEFF SK.k 1G.I10P.BI, 1 06, ­dog tithe plat wem, asremNCd in plat Book0,P 06 of Ne PuNic ftemrd O. County, Fl 210.06" 11 r,, 11. �L�RZ "" rl g N° West line of said let W me mote linemma Il_ me ­" 5 03'0116' E I' 5.00 rI_ a -NT OF BEGIN'NING.alwg Tire Sou. of Na BautM1 G of Br. s°Whveo of SG_ S'. ' CURVE RADIUS LENGTH CHORD BEARING DELTA CI 1612.16' SJ.]1' S3.]I N 61'45'06" E 0154'32" 1122.16' 15.15' 15.15 N 6221'15" E 00'30'15" hip 2, South, Ra 10 EosL mss East JO reel rot reed 1 ofwaY, Oran9° Cowry, -G. TN' B OUNDARY SL T OP OGRAPHIC N °M % IIhe s9.wneazr1 pr me samnwan v. mseauen w, Tow II I , 215°uthh.K 20"Bl, less the S., 30 reel(, road 9ar v yFmtaa. SURVEY Lake LLC akeT OWNER ATT SURVEYOR ORNEY ENGINEER APPLICAN - 1' AND ARD_N-A_ K VENTUtzc L_ T4,AT r�,TQ1 ESnU11 LAN OTYNEa. BBUTCi ALLEN JAMES R. HALL 2600 MAITLIND CENTER LOWNDES, DROSDICK, 3 GonnEan Roby, F, Y.INNe soumw East, ange Oe ed v. ­. 33,TwauNp zl 33 21 - 28 - 0000 - 04011 ICe4tsingt3n Manor Homewo E. Range 20 Orwty, Fl,itla. AND nnie GU1_A D TR, ASSOd.U Inc, nets The NoM st' /. pa ne Spulheasl %ana the NaM lJOreel Orme 3221 -2' -QOOP -O -024 33. 2128 -4216. 00-006 st or t so B" uthwest'/. of Seclbn 32 TOw,zh P 21 scum �/ aWr E _ East Orange Gmd Fold. leas me Weal3c edmr - //' TM1enoMrresl Y. of the southwest %ana 9re NO 130 feet of me r ! /� I I I 1 <� j ��/ J / \\ \ `1 s°cmweal %of me mINnwosl v.INSecuw 3a, iarrwNpzl seam. NO ROW O r F� aa3gaz6 Eas, rnanee �wty 21U.. 121 _ / % / •, /� 1 J /ll l � � � I l r , �I I l i h l l l l \ ,I� / PARSEL2 \� ( \ r ouNeast % oi S °utneast' /.of 5ec4en 32 TOwnNr' 8 ! 'f�_ r. I I I I 1� I / sec Banwga 20 Eesl ana lM1e SeulM1wes[ %9.f the SwCrwesl %Or fa \/ I 215au1 h Pange 26 EOal pess6zefmloX \ \ I \ Bresoum sl eof EO seca0ns antl lass lJOfaelolllra NOM Sida '��' /� 9.r eem amupnal orangeCOanty, Flwlea. 0` O PER - �J / � // / III AND s \ A�i.1AS� /���i�� 'II'III�u,,'�'II�II 32 ���� 1 \� ooY�t. 9. 526 realm 21E- earl %9.lmeseumeastv.of B.3frF7;PAGE7B83� M �� 1a do ,/� 1 I 1I 6 I I I ­G" 21 soum N­1 20 Fast ana lM SOUm 520 feetINme 89.ulM1west Y. erne soumweN %INSw9on 33, \\ �� -- \II go All PARwhEL p2159.umRa Easl O�/C �, _ � Apo on 9.fa - Twrrrstip22 south Fan 2 Eau Orange FFS Foaaa, rndua ng partol 2antl ace 80 ROW I �� () Y / EMMAASr EFF SUS3vs ou,aapran ne put mereoraz WEST ORANGE \tF ed In Pat Bmk'G Page fOfi ofine Pubic Remmsd a emerep ty, F wanveesrnbea aarm9.wa: MEM ATB WK r x JJlt (' 4;' Gomm ce erne N PAGES 137 & 138 I /� /� /�r en m' /. comer of antl Sec8on4 Nenm m, / / /// sa 5 d et lYe PO x M OF - M�F{b1mR -P / /( / 9 J I N , BEGIN NG ih dngeong saltl Easl - nano 9ouh - - daT1Z1YAY 0 J ] II ` ( (lll`,�NM \`IIIIII II Ir�I /��� /��/�� \�\\ \ \ \\\� \\�.°1 \ \ \\ at fpraa 'vanpadlaB9.z31mlmthapwmrweai 9ee0onaals0 beln9e pOlntm Ne soum lroecrme NOMweRYd Bela sedicn � 7 \ /R _�' ������' 4; lM1enm depeaing eald Eaztlim run SouN B9 °20'41' weal along said SOUm llna ,f,aOismnce 012651.43 fee .. on Yr19M1tm-waY llNd,l 02 Clarcern -Omee Rasa; IM1anca e eDaNng Sala south run NoM •44'3,' Earl along saitl I / \1 � 1I\l I(I Fasleay rlghgof -way llneror e tllstanced136].901eetmelldnlIN ° aBowneeINed ana lamn ealpa pr t5p.4fiu Sala Eeatedy Y" m II NoMeazleryam8sadcurve 1pmu9hacentra anged]0 °4BG]• rc tllsance of teGBe reelbepdntmmngemyaso be nga print On meneay weY linemWest Orange Tral r ', \ h]d v,. ��\ \ / I'll IAC II I „Naf- carm3aomea Rea mm warmm�gann ova seamenv � 9hlar w0yllne nor NMh13 °3125`Easl eradlzanm IN21006 et to ago MO•mrvalura o lacurve mrvave SOUmenyarW baring u,. / ^'' ` /// xi `// �IIIII / / / / /� // I \ I / � I a ratl s e! 1024 -86 feet manta run Eaieay alOpg Sala cwa mraugaacan � U �' 4 II / I >! I t I aencancy; eIN,O°2t26'f N r so 1 o1620.a9 N ao I or mng Hence run NonM1 09 °52'41• Eealfae f 005.]3fael m cury mnmve Nwme r {I ICI (t,l�- �'r�,1111 I, INacurve rand na eeb nerve run Easmdr am ea'm miro: aghecenbziangiea2]°tg'2z•rw,are ROW PEP, elal_y s aor, wive mm rime „sf m INCOmpmM ar,- awreora y ana nar d mgaraaiaa p11T22.19 feel ll rw Eeslw' lM1e ea of seta curve lNOUpnecenael anglem 00 for an arc tllsanpa ol16.15feetb amremld FOWTOF BEGINNING. OJLB317, DAB . 1884 PA GE PA 1884 Y�S"C3�rt�\��\\ NO ROIL1? \ \ \ \\\\\ 1 \ y � \\ \� PARCEL2 DES CRM1P \ _ 1 •ta S pa INecmn 3 ..4 33, Tawnahip z, Go— Range ze sedipn 4, T0rmanip 26 zz sow,. Ran Easl. Orange Co ear wry, Florida, desmbee ea rOlbws: - -- =s w3 \\ \\ L a I -'.'• - > - - W along the N.M Ilne dlhe Nwmwatt'N..1, Williams Yvonne D West rlghtm..aylln oeRmq.. wain,"Dan Gowry ft:gm -Dewar Plans, Prymt Na Yefizl' SB9 °33'56 - W, za1 60'ROWPERI \ O.RB. 3598, PAGE 1221 ` fear, hence run srm•zs ^ss"wrpra instance pr]ax.4e leelmme N9.Meny delatir Ime MxUhal Dorothy M, \ - way prw�a� orange lrao clarmr,aOwee Rmd;Prerrca rw Na mll manes ana dsfawee along sam OS - 22 - 28 - 0000- 00.032 ` l 1 ccnm.e Noll", asd -or- wen I'l forma tlpn- Normweaen Dnkez Billie E, \ . I mrve na.m a mdms of 161216 feat anea Wm beererg x(561 °46'06'W; urerrca rw seulM1waslerlY aorta meant oleo. 05 22.28 0000 -00 - 014 angle mm °s42z' mr a alaanm msJ.n le t ro Nn a pmm o1 mmpgwa arvamre INa arwe mnwre N 76- ederiyhavinga otl d 1e84.82 km arrdacnom 6oarvrg or S]6 °,]'3J"W; neon rvn Sool -IoNI alwg II ore deal. Ger re Willi 05 - 22 - 28 -0000.00.03 mrmghacentre W91e f •102 Cla distanm INBB308 O.R.B. 6667 fe e el m fie mml er an9ency; menre inn sae •52.44'W mr a el,on PAGE 2505 - manta Inenm inn Noo •xrtsw fora aisMae ors.aweee °ST44 "Wfora un S89 dlsance o .1,G. O . d afam L4 N e I mnmvasmmeazhayha paIN 19 39.' Seat ends a°N SEf la of 58, °4296^N'; thercerun lhwetery along Um arc of Sa curve mmugh a mnlal angreor ry SOU ne 6 Ef a�a .na nn 191.11' ng a ndus ,2,045 feel ana a nerd beaan9 msW °2315'W' Hence rvn 9oWnwesady a ong me arc INsda curve mmugh a cenird angle mt6 °595T'lara co IN69.19 feet toe non a angan ry �2 havinga 00 raa OS Of 110 foa l erW amo NIN 0•W Hence n " foe oISI °2549• as a ante om e 9 nNa 9 f mN angewY�Oanm vn N46 °2fi t5Wfo f featba LINE po m ewe ^'ne al NOnh net% GUGNJ E­ 4 m wino n° Doer West for 569 ;eelb ma NOMwesi (saasectlm DISTANCE a d cw 4' Ne 3 9"W ° mesmmlme ofinesoxmmat %prsesunn JZmredsma< of 1263 a p N19 5] feet non- angent curve ammve r , N a -do- us d 90.00 N11 antl a chwa .., e of •322 dg en y rw M1' III along the arc of sea mry 1.1s Fada9htol -way I Ingmm Rasa, . p a mniml angle I °5T14 a a of s 0 2 S 05 feet l° the olntdan y N .-d rvn 0 °1 3111 arong mid Fast Ng [ I ' way line iwaaisrwm d 51ee1 to pin l9.n Ne NOaM1 IIneIN We SOUNeaat' /. olsala j % V 100 Yr. Flood E1 = 86' -, Np S U Oak Trail Reserve PUD " 1 180 F R0.�W OP N �1 > �° % \ r / RARCOMM- M UAV - -�� �Qlc­, / / ) 100 Yr. nopd� EL =86' \\ t 1 MEADOW SamlOn 32; menre run N69 °29'2] "E along sold NOM Ilnator a NOIIk FJ' j jj/ �/� �/ moron 1267.35 to Na Eaal' /.mmerMaaltl seclim 32: 'OwnuwW aMlrem nrsasvyeaa along Ngam Rd run S09 °, se am3g the NoM llna INOre SOUmwmt %d mvulnraioa foe 6p &gla old sectlon 3I1 ,11dl5ance ma5pmwaat %praaldsadw33;mammn LEGEND: TROUT W(E GAMPS. 500° 0429 - IM plot robed In Pla[r3wk N, E.. 9.o ra Nobiml of 1M RemNS I' Orange County, Floatla, aM me East Ilne e31' /,m oftN 33antlapro meremb -1 No', 2i do­ d 1409.06 feel b 1M1C NoMmst wmerdme swrnae.r % %erne po°Idweal vdma Contour (1 ft. Interval) -los Setlim 3J and Ne dgM1[afr ray Il mHObsw Rosa fora N Mnw n 00°x129 1 019.36 the Westn OF BEGINNING. Road tar f e to tl� e E MENT AS SET 100 Year Flood Plain TOGETHER WITH EASEMENT AS SET OUT UT IN OFFICIAL RECORDS BOON 5004 PAGE 3955 PUBLIC RECOR050F - ■ Oliver JOwy Life Estate, I _""y F"`ny Ll _ 04- 22 -28- 0000 - 00.002 Win yParNers, 04. 22-28 - 0000 -W -00 ■ ORANGE COUNTY, FLORIG0. LINE TABLE LINE DIRECTION DISTANCE LI S 89'3254 L2 L3 N 69'2341 E N 1628'32" 44.02' L4 N 73 1 26" E 191.11' - LS L6 N 16'28'32 - W N 13'31'28" E 50.00 }g, }0' L1 N 71 I E 210.06" L8 5 03'0116' E I' 5.00 L9 N 89'52'44 E 236.9) CURVE TABLE ' CURVE RADIUS LENGTH CHORD BEARING DELTA CI 1612.16' SJ.]1' S3.]I N 61'45'06" E 0154'32" 1122.16' 15.15' 15.15 N 6221'15" E 00'30'15" B OUNDARY SL T OP OGRAPHIC - 3 30 gA111� SURVEY __ REVISED: a E aSS0�Id�E5 OWNER ATT SURVEYOR ORNEY ENGINEER APPLICAN - 1' 03 15 Novo 5 MAR 06 Urban & Environmental Planners . Landscape Architects ARD_N-A_ K VENTUtzc L_ T4,AT r�,TQ1 ESnU11 LAN OTYNEa. BBUTCi ALLEN JAMES R. HALL 2600 MAITLIND CENTER LOWNDES, DROSDICK, 05 APR f6 500 OxlD.ey Aran Ue , Grlmr x x , r n 32801 o32801 (407)472 -4040 ' MSCW INC. ALLEN &COMPANY CANIN ASSOCIATES INC. PKWY. STE.200 DOSTER, KANTOR &REED 4750 NEW BAOAD ST. 30 JUN 06 DAIe SCALE tl Gp NUMBER SHT. ND. 1420 EAST ROBINSON STREET 500DfiLANEYAVE MAITLAND, FLORIDA 32751 215 NORTH EDLA DRIVE ORLANDO, FLORIDA 32814 ORLANDO, FLORIDA 32801 02 AUG06 10 DEC 04 1" =300' 202011 3 of 30 ORLANDO, FLORIDA 32801 407 - 3994114 ORLANDO, FLORIDA 32801 4074223330 407 -897 -1443 407 422.4040 28 AUG 06 - 407 - 8434600 29 SEPT 06 WWW.CANIN.COM COPYRIGHT (C)2004 CAKIN A5SGC:ATES, INC. 27 OCT 06 a LAKE SIMS ARDEN PARK PLANNED UNIT DEVELOPMENT LOCATION MAP I w = A IDi @11�� ^ E J� 513 24' CH NABERRIE 4 3 1 6y.�" 52' 24" OAK 522 28' OAK 526 29' OAK 4167 29' OAK s25 45' OAtt 4169 34' OAK 527 5' OAK 41]2 24' OPH szs ] OUAORUPLE 24' OAK 529 25" —TOUN 4191 52 OAK 530 30' SN£Et0UM 4193 36' OAK 551 36 . -a 26' OAK 1. J' OAK 3 — 26' OAK 420 iY4N 27" OAK 4206 2 666 2' OAK O' OAK MN 28 O K 6)2 0' OAK 673 21: OAK 4261 24' OAK 4265 27' OAK 675 30" OAK 4282 32' OAK 677 26' OAK 4.103 TRIPLE 24 OAK 700 30 OAK 4328 26' OAK 703 28" OAK 4335 2 ' — 796 4341 26 OAK 707 25' OAK 4342 MN 26' OAK 719 34 OAK 4744 OUAORUPIE 2e OAK 724 36 OAK 4357 24 OAK 721 40' OAK 361 28" OAK 722 30' OAK 4365 50' OAK 756 22e OAK 437] 1vAN 30' OAK 767 N 24' OAK 4' OAK 772 25. 1" 4181 30' PALM .1 24 OAK 4393 36' l)A1C 87 37' OAK 4404 2a' OAK 7. I OAK H10 30. PAtM — 24 OAK N OAK 21 OAK 459 all fi OAK 1067 2 e' OAK 10]3 2 OA 1321 24' OAK 4876 2V PAW 1400 24' OAK 487 7 24 PALM 4902 24 OAK 4903 26" OAK 6 OAK 24' PALM 4907 26' OAK 490 2" OAK Q 4916 24' OAK 6' OAK 4920 4033 26' OAK 4937 48 OAK 497] 50' OAK 4944 J LEGEND: Areas of Limited Grading Protected Area — — — — — — — — Project Boundary — — — — — — — I I I 4948 40 OAK ' I MOLES Ali pmlmd eas(DfiN o(vmm dw�e•orpilw vnlA 45'ofdvv wnLBe twecn 8'ound level and iowen fimA) ehvllbe rzplerzd etv9 to 1 mho at JcvdopQ -. e. All sptivw ursn (DBI[ of 24• or grztlu) vn6 hcpmtee 16y kceryavNOn mna A � e dertWpmrnt utiviry _ w11LN the ldmtlBM ssru of evdW gls9ng. 1 AC. 3aa — t MIN. WALK 3o 300 60 0' 1200' a P.U.D. TREE SURVEY E RE�S-: C411r1 a55 ®CIaCES nnl.InTn -I-T OWNER ATTORNEY ENGINEER S URVEYOR AP PLICA NT 3 NOV OS _ICA 03 MAR 06 Ur an &Environmental Planners .Landscape Architects x a-EN PAn vE- n*rtmzc,TyC T11A rTOR ESQUIRE �Srrc ___ pS APR -p6 500 Delanev Avenue. Orlando. Fonae 32801 (407)422 -4040 _ 2600 MAITLAND CENTER LOWNDES, DROSDICK MSCW INC. ALLEN & COMPANY CAMN ASSOCIATES INC. 30 JUN 06 DATE scAEE 300 rvuNOER sKr. No. _ PKWY. STE.200 DOSTER KANrOR &REED 4750 NEW BROAD Sr. 1420 EAST ROBINSON STREET 500 DELANEYAVE. 02 AUG O6 30 DEC 04 1" =300' 202011 4 of 10 NIA1TIAND, FLORIDA 32751 215 NORTH EOLA DRNE ORLANDO, FLORIDA 32814 ORLANDO, FLORIDA 32801 ORLANDO, FLORIDA 32801 28 AUG O6 407 - 3394114 ORLANDO, FLORIDA 32801 407422 -3330 407- 897 -1443 407 - 4224040 29 SEPT 06 v1Ww.CANIN.COM COPYRIGHT (C)2004 C A — MATES, INC. � 407 -843 -4600 27 OCr 06 TR2E nume6n u usr � � '`�� f 6 " OAK r r, 2 OaK 4 4 29 3 424 24. z4 24' OAK 3 3 I M 506 D' OAK 6 6 1 1 507 Jb' OAK LEGEND: Areas of Limited Grading Protected Area — — — — — — — — Project Boundary — — — — — — — I I I 4948 40 OAK ' I MOLES Ali pmlmd eas(DfiN o(vmm dw�e•orpilw vnlA 45'ofdvv wnLBe twecn 8'ound level and iowen fimA) ehvllbe rzplerzd etv9 to 1 mho at JcvdopQ -. e. All sptivw ursn (DBI[ of 24• or grztlu) vn6 hcpmtee 16y kceryavNOn mna A � e dertWpmrnt utiviry _ w11LN the ldmtlBM ssru of evdW gls9ng. 1 AC. 3aa — t MIN. WALK 3o 300 60 0' 1200' a P.U.D. TREE SURVEY E RE�S-: C411r1 a55 ®CIaCES nnl.InTn -I-T OWNER ATTORNEY ENGINEER S URVEYOR AP PLICA NT 3 NOV OS _ICA 03 MAR 06 Ur an &Environmental Planners .Landscape Architects x a-EN PAn vE- n*rtmzc,TyC T11A rTOR ESQUIRE �Srrc ___ pS APR -p6 500 Delanev Avenue. Orlando. Fonae 32801 (407)422 -4040 _ 2600 MAITLAND CENTER LOWNDES, DROSDICK MSCW INC. ALLEN & COMPANY CAMN ASSOCIATES INC. 30 JUN 06 DATE scAEE 300 rvuNOER sKr. No. _ PKWY. STE.200 DOSTER KANrOR &REED 4750 NEW BROAD Sr. 1420 EAST ROBINSON STREET 500 DELANEYAVE. 02 AUG O6 30 DEC 04 1" =300' 202011 4 of 10 NIA1TIAND, FLORIDA 32751 215 NORTH EOLA DRNE ORLANDO, FLORIDA 32814 ORLANDO, FLORIDA 32801 ORLANDO, FLORIDA 32801 28 AUG O6 407 - 3394114 ORLANDO, FLORIDA 32801 407422 -3330 407- 897 -1443 407 - 4224040 29 SEPT 06 v1Ww.CANIN.COM COPYRIGHT (C)2004 C A — MATES, INC. � 407 -843 -4600 27 OCr 06 D R, W � 0 O p 0 D L -t 0 ;a m£ _T o o °� 3N 2 e a r p Om D ..cDO n i > .. A r \ > 3 A D N U) m \s, C ao D r �y - NZ m0 m y Nm �3 Wmf°mma m�N a �V 1 i m Dm �' _ m0 aN �� 4 7211 Orange Avenue, Suite 204 Wlnter Perk, Florida 32789 8 I � \ I'�'Y I � N. .. o n s 0 3 ° L 1 1 l/ Office; 407.620.9631 Fax: 407.264.8348 I 1 1 p5 O = E s m 0 3 M . 1 ON 0 m M 2 p g; AW A o2 4M Y a t 02 n °s �n 0' nm 0 mm cc O O v+ O a. o m o a m o 0 o� 3 _ _ D Nm 0 OLD 0 = — 2 _ M cf) .; 0 C � v M y X C1 M M as CA Oe M I T D Z M m 0.m N 0�.1 a of119 a0� a m a�a ° a ° A d 'n R, M � 0 O p 0 D L -t 0 ;a r r o 'z 0 3N 2 e a r p Om D ..cDO n i > .. A r \ > 3 A D N U) m \s, C ao D r �y - NZ m0 m y Nm P r N E R s Wmf°mma m�N a �V I i m Dm �' _ m0 aN I 7211 Orange Avenue, Suite 204 Wlnter Perk, Florida 32789 l I � N. .. o n M m 0.m N 0�.1 a of119 a0� a m a�a ° a ° A d 'n N z ;0 O» oe Nu FW � 0 O p 0 D L rn ARDEN PARK P.U.D. 'z 0 3N 2 e a r p e 3 D ..cDO n i > .. Z - 3 A i y N N C m b P r N E R s Wmf°mma m�N a �V I j QyN3aOv mN � anC Dm �' _ m0 aN I 7211 Orange Avenue, Suite 204 Wlnter Perk, Florida 32789 l E - o n 0 Office; 407.620.9631 Fax: 407.264.8348 I p5 O = E s m - n - o� M . 1 ON 0 m M 2 p g; AW A o2 W p0 s2 a t 02 n °s �n 0' nm 0 mm cc O O v+ O a. o m o a m o 0 o� oz.> D O k8 xo x- z D ism n W n o m T z 1� ARDEN PARK P.U.D. ®a� M C0URTa°STkEET m City of Oc Florid P r N E R s O I I I I 7211 Orange Avenue, Suite 204 Wlnter Perk, Florida 32789 l Amended Land Use Plan l Office; 407.620.9631 Fax: 407.264.8348 I n W n o m T D m �.V I{ ,•EF B ! 9 � �3 3 ARDEN PA P.U.D. ®W g III '.3 p ro I m n �3 C0URTi STkEET j FS — City of Ocoee, Florida a �v. €. FF = .R R d 4 r„ - € I P.U.D. Details _ 1211 Orange Avenue, Suite 204 Winter Park, Florida 3278! I Ol(ce:407.620.9631 Fax: 407.264.8348 8 & �'R RNp xR " I'. RR ` t9 m. p a a —� al zl a R & I I LL u O O pp a b G7 ia H V PM DO O z 0 I V IT Cn m _ O W 0 = - -Iz -- m D - - O ° - -° - °- Z a - __ - C _ Cn ° m - ° - y = _ m m C in T 7i C DZ m� L H t�r1 o I H m <Im H m Aim z a W A w m C/J T 13 i lZri1 I DI FE DE I a � . 3• c s� 00 DO 00 I{ ! -- �� ARDEN PA P.U.D. ®W I m n C0URTi STkEET j - n City of Ocoee, Florida v A R T N E R 8 I P.U.D. Details 1211 Orange Avenue, Suite 204 Winter Park, Florida 3278! I Ol(ce:407.620.9631 Fax: 407.264.8348 3 z 'o s - m. a a q zl O O pp ia 52 N y � a Z '' n �' C. g,mI dl� �, b _., a _ 2 O. 8 p a U 5 k - __ ° o nE IT Cn m _ O W 0 = - -Iz -- m D - - O ° - -° - °- Z a - __ - C _ Cn ° m - ° - y = _ m m C in T 7i C DZ m� L H t�r1 o I H m <Im H m Aim z a W A w m C/J T 13 i lZri1 I DI FE DE I a � . 3• c s� 00 DO 00 I{ ! -- �� ARDEN PA P.U.D. ®W -- C0URTi STkEET j - n City of Ocoee, Florida v A R T N E R 8 I P.U.D. Details 1211 Orange Avenue, Suite 204 Winter Park, Florida 3278! I Ol(ce:407.620.9631 Fax: 407.264.8348 CEO a of Qdyedisemen aha t rain in the scant Meer j Date PuNfished and Medina Name C E2 Orlando Sentinel Advertisement or Afti e THURSDAY, FEBRUARY 7, 2013 CITY OF OCOEE NOTICE OF PUBLIC HEARING SUBSTANTIAL AMENDMENT TO THE PUD ARDEN PARK PLAN CASE NUMBER: RZ- 12.07 -05 NOTICE IS HEREBY GIVEN pursuant to Sub- sections 4 -5, D, of the City of Ocoee Land Development Code, that on TUES- DAY, FEBRUARY 19, 2013, at 7:15 p.m. or as soon thereafter as practical, the OCOEE CITY COMMISSION will hold a PUBLIC HEAR- ING at the City of Ocoee Commission Chambers, 150 North Lakeshore Drive, Ocoee, Florida, to consider the Sub- stantial Amendment to the PUD /Land Use Plan for the Arden Park PUD. The PU D is located on the north and south sides of Clarcona -Ocoee Road, west of Hobson Road, and east of In- gram Road. AN ORDINANCE OF THE CITY OF OCOEE FLORI- DA APPROVING A SUBSTANTIAL AMENDMENT TO THE LAND USE PLAN FOR THE ARDEN PARK PUB ON CERTAIN REAL PROPERTY LOCATED NORTH AND SOUTH OF CLARCONA OCOEE ROAD WEST OF CLARKE ROAD AND EAST OF INGRAM ROAD AS PETITIONED BY THE PROP- ERTY OWNER AMENDING THE ARDEN PARK PUB LAND USE PLAN TO PROVIDE FOR A RE- IN U ATE O MU I LTIFAMILY L HOUSING UNITS TO WITHIN THE ARDEN PARK PUB; REPEALING INCONSIS- TENT ORDINANCES: PROVIDING FOR SEVER - ABILITY; PROVIDING AN EFFECTIVE DATE. Interested parties may appear at the public hearings and be heard with re- spect to the proposed actions above. The complete case file, including a complete legal description by metes and bounds, may be inspected at the Ocoee Development Services Depart- ment /Planning Division located at 150 North Lakeshore Drive, Ocoee, Flori- da between the hours of 8:00 a.m. and 5:00 p.m., Monday through Friday, ex- cept legal holidays. The City Commission may continue The public hearing to other dates and times, as it deems necessary. Any in- terested party shall be advised of the dates, times, and places of any contin- uation of these or continued public hearings shall be announced during the hearings. No further notices re- garding these matters will be Pub- lished. You are advised that any Per- son who desires to appeal any decision made at the public hearings will need a record of the proceedings and for this purpose may need to ensure that a verbatim record of the proceedings is made which includes the testimony and evidence upon which the appeal is based. Persons with disabilities need- ing assistance to participate in any of these proceedings should contact the City Clerk's Office 48 hours in advance of the meeting at 407 - 905 -3105. Beth Eikenberry, City Clerk OLS1223002 1/712013 Orlando Sentinel City Of Ocoee 150 N Lakeshore Drive CITY OF OCOEE OCOEE, FL 34761 -0000 Before the undersigned authority personally appeared Pam L. Davis /Tamela Vargas /Deborah M. Toney, who on oath says that s/he is the Legal Advertising Representative of Orlando Sentinel, a daily newspaper published in Orange County, Florida; that the attached copy of advertisement, being a Public Hearing in the matter of FEBRUARY 19, 2013, at 7:15 p.m. in the Orange County _, was published in said newspaper in the issue(s); of 02/07/13 Affiant further says that the said Orlando Sentinel is a newspaper published in said Orange County, Florida, and that the said newspaper has heretofore been continuously published in said Orange County, Florida, each week day and has been entered as second -class mail matter at the post office in said Orange County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that s/he has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. he foregoing instrument was acknowledged before me this day of February, 2013, Pam L. Davis /Tamela Vargas /Deborah M. Toney, who is personally known to me and who did take a oath. I \ z // 2 , - CITY OF OCOEE NOTICE OF PUBLIC HEARING SUBSTANTIAL AMENDMENT USE PLANTFOR THE ARDEN PARK PUD CASE NUMBER: R2- 12 -07 -05 CE IS HEREBY GIVEN pursuant to Sub - ions 4 -5, D, of tote City of Ocoee d Development Code, that on cave FEBRUARY 19, 2013, et 7:15 p.m. ar as i thereafter as practical, the OCOEE COMMISSION will hold a PUBLIC HEAR - at the City of Ocoee Commission Use Plan for the Arden Park PUD. The PUD is located on the north and south sides of Clarcono -Ocoee Road, west of Hobson Rood, and east of In- gram Rood. AN ORDINANCE OF THE CITY OF OCOEE FLORI- DA APPROVING A SUBSTANTIAL AMENDMENT TO THE LAND USE PLAN FOR THE ARDEN PARK PUD ON CERTAIN REAL PROPERTY LOCATED NORTH AND SOUTH OF CLARCONA OCOEE ROAD WEST OF CLARKE ROAD AND EAST OF INGRAM ROAD AS PETITIONED BY THE PROP- ERTY OWNER AMENDING THE ARDEN PARK PUD LAND USE PLAN TO PROVIDE FOR A RE- DUCTION IN OVERALL DENSITY AND TO ELIM- INATE MULTI- FAMILY HOUSING UNITS WITHIN THE ARDEN PARK PUD; REPEALING INCONSIS- TENT ORDINANCES; PROVIDING FOR SEVER - ABILITY; PROVIDING AN EFFECTIVE DATE. Interested parties may appear at the public hearings and be heard with re- spect to the proposed actions above. The complete case file, including a complete legal description by metes and bounds, may be inspected at the Ocoee Development Services Depart - ment /Planning Division located at 150 North Lakeshore Drive, Ocoee, Flori- i da between the hours of 8:00 a.m. and 5:00 p.m., Monday through Friday, ex- cept legal holidays. The City Commission may continue foe public hearing to other dates and i times, as t deems necessary. Any in- terested party shall be advised of the dates, times, and places of any contin- uation of these or continued public ,hearings shall be announced during the hearings. No further notices re- garding these matters will be pub- lished. You are advised that any Per- son who desires to appeal any decision made at the public hearings will need a record of the Proceedings and for this purpose may need to ensure that a verbatim record of the Proceedings is made which includes the testimony and evidence upon which the appeal is based. Persons with disabilities need- ing assistance to participate in any of these proceedings should contact the City Clerk's Office 48 hours in advance of the meeting at 407- 905 -3105. Beth Eikenberry, City Clerk OLS1223002 2/712013 1223002