877-1st Amend bwtn Kelley & San FIRST AMENDMENT TO AGREEMENT BETWEEN CITY OF SANFORD
AND EOGHAN N. KELLEY
(CONSTRUCTION OF ST. JOHNS PARKWAY AND PERMANENT DRAINAGE
EASEMENT)
THIS FIRST AMENDMENT (the "Amendment") to Agreement Between City of
Sanford and Eoghan N. Kelley (Construction of St. Johns Parkway and Permanent Drainage
Easement) dated March 28, 2001 hereinafter referred to as the ("Agreement") is made and
entered into by and between Eoghan N. Kelley ("Kelley") and Harold G Hartsock, Trustee of
Seminole Farms Trust IV ("Trustee"), who are collectively referred to as "Grantor" and the City
of Sanford ("Grantee").
RECITALS:
WHEREAS, Grantor and Grantee entered into the Agreement; and
WHEREAS, the Estate of Viola H. Kastner (hereafter "the Kastner Estate"), is a party to
the Agreement as the owner of certain real property in the City of Sanford, Seminole County,
Florida that is the subject of the Agreement. The Kastner Estate was duly established under the
laws of Florida on the death of Mrs. Viola H. Kastner in September of 1997. Kelley is the
successor in interest to the Kastner Estate and as such is now the rightful owner of the real
property subject to the Agreement; and
WHEREAS, various disagreements have arisen with respect to various aspects of the
Project, as defined in the Agreement, and clarifications are required with respect to various
aspects of the Agreement; and
WHEREAS, the certain parties to the Agreement, this Amendment, as well as CPH
Engineers, Inc. ("CPH') and Wal-Mart have expressed concern that the subject project has been
delayed by actions of others; and
WHEREAS, the parties are desirous of resolving the disagreements over and making the
required clarifications to the Agreement.
NOW, THEREFORE, in exchange of ten dollars and other good and valuable
consideration, the receipt and sufficiency of which is acknowledged, Grantor and Grantee agree
as follows:
1. Incorporation of Recitals. The above recitals are true and correct and are
incorporated herein by reference. Capitalized terms not defined herein shall have the meanings
used in the Agreement.
2. Description of Contract Documents; Reliance by Parties.
Documents for the Project are described as follows:
The Contract
All of the "Contract Documents", as that term is defined in Article 1 of the
General Conditions of the Contract between the City of Sanford, Florida and its
prime contractor ("Contractor"), together with any amendments to or
modifications thereof (the "Prime Contract").
The Prime Contract shall be initialed and dated by Grantor and Grantee and shall be a
part of the "Contract Documents" referred to herein. Any changes or proposed changes, change
orders or modifications of any kind to the Contract Documents shall as soon as practicable be
provided to Grantor at the address provided below in the paragraph entitled "Notices," but the
Grantor shall not have the right to approve or disapprove same unless the change affects Grantor-
Related Pay Items as provided in paragraph 11 herein.
Pursuant to the terms, covenants and conditions of the Agreement, the Specifications and
the Drawings, as those terms are used in the Prime Contract (the "Specs and Drawings"), have
been prepared for and on behalf of Grantee by CPH, and Grantor and Grantee are relying on the
Specs and Drawings and the permits and approvals obtained from applicable governmental
agencies in conjunction with the Contract Documents.
3. Obtaining of Permits; Performance of Work. The Grantee represents that all
permits necessary to commence and complete construction of the Project in accordance with the
Contract Documents and based upon 80% impervious surfaces (as confirmed by the St. Johns
River Water Management District in a manner satisfactory to Grantor) have been obtained and
that the Contract Documents are consistent with applicable permits and approvals and sound
engineering practices. Grantee shall, subject to Grantor's payment of the sum set forth in
Paragraph 9 below, perform and pay for the work required to implement the Contract Documents
in good and workmanlike fashion, all in accordance with the Contract Documents.
4. Completion of Construction. Paragraph 3 c. of the Agreement is deleted and the
following is inserted in its place:
Grantee shall proceed diligently to commence construction of the Project and
shall use its best efforts to complete the Project within the Contract Time as
defined in the Prime Contract, subject to force majeure events and events outside
the reasonable control of Grantee.
5. Easement Area Legal Descriptions. The specific grants of easements
contemplated by Paragraph 4 of the Agreement, along with the legal descriptions of the easement
areas, shall be recorded in the Public Records of Seminole County, Florida prior to
commencement of the Project. The legal descriptions shall be prepared by Grantee, at the
expense of Grantee.
6. Drainage and Fill Requirements.
(i)
Grantor has commissioned the preparation by Lochrane Engineering, Inc. of a
topographical survey (the "Topo") of the Grantor's Property, including the
Easement Area and the land upon which St. Johns Parkway is to be constructed.
For purposes of this Amendment, the Topo shall be and become a part of the
Contract Documents, and Contractor shall be advised of and shall agree to the
same. The Contractor shall also be advised that the Topo is provided for
Contractor's informational purposes only and Grantor shall in no way be
responsible for the accuracy of the data contained therein and nothing in the Topo
shall be construed so as to relieve Contractor of its responsibility to acquaint itself
with the existing conditions at the site.
(ii)
Grantor and Grantee assume that the clearing and grubbing of topsoil will result
in the removal of at least 6" of topsoil from Grantor's Property. Grantor and
Grantee agree that this material is considered unsuitable fill, shall not be used as
fill on Grantor's Property or in conjunction with the construction of St. Johns
Parkway or in the Easement Areas, and shall be removed from the project by
Contractor.
7. Muck Removal; Tree Removal and Clearing and Grubbing.
(i)
The Agreement calls for Grantor to be responsible for removal from Grantor's
Property of wetlands and organic materials in wetlands. This responsibility shall
include removal of muck and, collectively, the removal of wetlands, organic
material and muck shall be called "Muck Removal." The wetland, organic
materials and muck removed from Grantor's Property shall not be used as fill on
Grantor's Property or in conjunction with the construction of St. Johns Parkway
or in the Easement Area. The Muck Removal shall be performed by Contractor
under the Prime Contract.
(ii)
The Grantor is also responsible for tree removal and clearing and grubbing from
the wetlands areas of Grantor's Property (hereinafter called "Tree Removal and
Clearing and Grubbing").
(iii)
The Tree Removal and Clearing and Grubbing shall be performed by Contractor
under the Prime Contract at the cost of Grantee.
8. Grass and Seeding. The Grass and Seeding shall be performed by Contractor at
the cost of Grantee.
9. Utility Stubouts. In accordance with Section 5 of the Agreement, the Grantee
agrees to pay into the Escrow account the sum of $133,966.27 for granting of easements and
rights-of-way as set forth in the Agreement and herein and in lieu of paying for the construction
of any utility stubouts to the Grantor's property. These utility stubouts, as shown in the
Drawings, are to be constructed under the Prime Contract, and paid for by Grantee out of the
deposit made into the Escrow Account.
10. Establishment of and Payment Into the Escrow Account.
3
(i) The following items shall be collectively called the "Grantor-Related Pay Items":
(a) Fill necessary to meet the Fill Requirements;
(b) Muck Removal;
(c) Tree Removal and Clearing and Grubbing;
(d) Grass and Seeding; and
(e) Utility Stubouts.
(ii)
Within 10 days of the execution of this Amendment, Grantee shall establish an
interest bearing account at a lending institution of Grantee's choice (the "Escrow
Account").
(iii) Within 15 days from the establishment of the Escrow Account, Grantor shall pay
$496,934.60 into the Escrow Account. Payment by Grantor of the balance of the Grantor-
Related Line Item Costs in the amount of $496,934.60, shall constitute the satisfaction of
Grantor's obligation for payment of fill and the Fill Requirements, Muck Removal, Tree
Removal and Clearing and Grubbing, Grass and Seeding and Utility Stubouts under the
Agreement and this Amendment. Grantor's payment in the amount of $496,934.60 for Grantor-
Related Pay Item Costs is Grantor's guaranteed maximum cost. Any cost overruns for Grantor-
Related Pay Items shall be paid by the Grantee.
(iv) All accrued interest on the sum held in the Escrow Account shall be remitted to
Grantor within five (5) days of payment in full of the principal sum to Contractor. The principal
sum held in the Escrow Account shall be used only for the payment of work conforming to the
Contract Documents represented by the Grantor-Related Pay Items.
(v) In conjunction with payments made by Grantee under the Prime Contract, Grantee
shall provide Grantor with documentation reasonably satisfactory to Grantor showing that the
Escrow Account monies have been paid for the Grantor-Related Pay Items and in accordance
with the terms of the Prime Contract.
(vi) A strict condition precedent to all progress payments and the final payment from
the Escrow Account to Contractor for completion of Grantor-Related Pay Items shall be the
submission of sworn Applications for Payment detailing the percentage of completion for each
Grantor-Related Pay Item on Contractor's Schedule of Values and corresponding CPH
recommendations of payment. The sworn Applications for Payment and corresponding CPH
recommendations of payment shall constitute a representation by Contractor, CPH and Grantee
that they have thoroughly inspected and tested the work performed on Grantor's Property and
that it is in general conformance with the plans and specifications.
(vii) A strict condition precedent to all progress payments and the final payment from
the Escrow Account to Contractor for completion of Grantor-Related Pay Items shall also
provide Grantor and Grantee with all necessary lien waivers and statutory contractor's progress
or final payment affidavits demonstrating that all lienors have been paid for their work on
Grantor's Property.
4
11. Changes to Contractor's Contract Affecting Grantor-Related Pay Item~. With
respect to the portions of the Prime Contract, Specs or Drawings relating to, and the line items on
the Schedule of Values for the Grantor-Related Pay Items (and the Grantor-Related Pay Items
Costs), no changes shall be made without the written consent of Grantor, which consent shall not
be unreasonably withheld, but shall in no event result in further cost or expense to Grantor.
12. Out fall Parcel.
(i) Grantor shall convey to Grantee the Outfall Parcel, as shown and described on the
attached Exhibit "A". The Outfall Parcel shall be conveyed by Trustee's Deed. The Outfall
Parcel shall, at the option of Grantor, which option shall be exercised by Grantor within twenty
(20) years from the date of this Amendment, be subject to a recorded, perpetual easement from
Grantee in favor of Grantor for access, ingress, egress and utilities over all or any part and/or
parts of the Outfall Parcel (the "Outfall Easement"). The Outfall Easement shall provide, at a
minimum, for the following:
1. Grantor shall be entitled to construct, at its expense, such roads, utility
facilities and other structures and improvements as are allowable under applicable laws, rules,
regulations and ordinances over, under and through the Outfall Parcel.
2. Grantee shall not in any way encumber or place restrictions on the
Outfall Parcel prior or subsequent to Grantor's option referred to above or after the recording of
the Outfall Easement; provided, however, the outfall parcel shall be subject to permits issued by
the St. Johns River Water Management District.
3. Grantee shall be entitled to enter onto the Outfall Easement parcel to
maintain, repair or replace drainage structures located within the Outfall Parcel, but any damage
to the structures or improvements constructed by Grantor shall be restored by Grantee at
Grantee's cost, and any damage to the structures constructed by Grantor caused by Grantor's
improvements shall be restored by Grantee at Grantor's expense.
4. Except as otherwise stated herein, Grantor shall maintain, repair and
replace the structures and improvements constructed by Grantor, and Grantee shall maintain the
drainage facilities and pipes, if any, constructed by Grantee within the Outfall Parcel.
5. The Grantee shall give such consents and joinders as are requested by
Grantor and its successors and assigns and lenders evidencing Grantee's consent to and joinder
in the terms of the Outfall Easement.
6. The Outfall Easement shall benefit and be binding upon the Grantor,
Grantee and their respective successors and assigns and lenders. The terms of which shall be
subject to agreement between and approval of Grantor and Grantee, which approval shall not be
unreasonably withheld or delayed.
(ii) At Grantor's option and at Grantor's expense, Grantor shall be entitled to fill the
drainage ditch within the Outfall Parcel and to replace the drainage ditch with a pipe or other
reasonably acceptable drainage structure. Grantor shall maintain the drainage pipes and
structures constructed by Grantor in the Outfall Parcel. Grantor shall be entitled to construct
improvements over the filled drainage ditch and, in that event, Grantor shall be entitled to
5
exercise the option granted above to obtain the Outfall Easement, and the terms outlined for the
Outfall Easement in subparagraph (i) above shall apply.
(iii) At Grantor's option and at Grantor's expense, Grantor shall have the right to
relocate the drainage facilities located within the Outfall Parcel. The relocated drainage facilities
shall have, as its outfall, the existing Elder Road right of way. In the event of the relocation by
Grantor, Grantee shall reasonably cooperate with Grantor to obtain necessary permits required in
connection with the relocation, all at the cost of the Grantor. The contract documents for the
relocation shall be subject to the approval of Grantee, which approval shall not be unreasonably
withheld or delayed. Upon relocation of the drainage facilities the Outfall Parcel shall be
reconveyed to Grantor subject only to encumbrances that existed on the date of the conveyance
of the Outfall Parcel to Grantee.
(iv) Grantor and Grantee acknowledge that it is the intent of the parties that the
northern boundary of the Outfall Parcel be the northern boundary of Lots 39 and 40, Smith's
Subdivision. Grantor and Grantee acknowledge that the legal description of the Outfall Parcel
which is being conveyed to Grantee as a part of this Agreement (the "Outfall Legal") has been
prepared and made a part of the deed for the Outfall parcel as an accommodation to Grantee.
Grantee acknowledges that it is Grantor's position that the actual northern boundary of the
Outfall Parcel (and the northern boundary of Lots 39 and 40 and the southern boundary of Lots
25 and 26, Smith's Third Subdivision, Plat Book 1, Page 86, Public Records of Seminole County,
Florida) is north of the northern boundary described in the Outfall Legal. Grantor reserves the
right to assert any and all claims it has or may have that the true northern boundary of the Outfall
Parcel is, in actuality, north of the location as shown in the Outfall Legal. In the event of a legal
determination that the boundary of the Outfall Parcel is north of that shown in the Outfall Legal,
Grantor will convey and Grantee will accept a quit claim deed for so much of the Outfall Parcel
that must be conveyed in order for the Outfall Parcel to extend fully to the northern boundary of
Lots 39 and 40.
13. Easements, Ponds, Etc.. The fifteen foot easement depicted at Official Records
Book 4042, Page 1839, of Public Records of Seminole County, Florida (the "15 foot Easement")
shall, prior to commencement of construction, be amended and restated to depict only the
easement areas shown on the attached Exhibit "K" to this Amendment and to release the 15 foot
Easement. All other specific easement areas to be conveyed by the Grantor to the Grantee are
attached as Exhibits "B", "C", "D", "E", "F", "G", "H", 'T' and ".F'.
14. Grantor Representative and Grantor Testing Grantor shall be entitled to have a
representative or representatives on the site of the Project, as defined in the Agreement, during
the entire course of the Project, and the representative(s) shall be entitled to take photographs of
the work constituting the Project and to make reports, written or otherwise, concerning the
Project. Grantor, at Grantor's sole discretion, may employ an additional independent soils
laboratory and/or engineer(s) to verify performance of the work constituting the Grantor-Related
Pay Items. Grantor reserves the right to have additional tests made beyond those specified in the
contract documents at Grantor's expense. In addition, Grantor shall be provided, as soon as
practicable, with copies of all other Project test results upon issuance from the testing
laboratories and/or engineer(s) retained by Contractor and Grantee.
15. Transfer Bonds. In the event any lienor records a construction lien against the
Grantor's Property, Grantee shall within seven (7) days after receipt of written demand, procure
and record a satisfactory {}713.24, Florida Statutes, transfer bond to discharge the construction
lien from Grantor's Property, and further indemnify and defend Grantor from such construction
lien to the extent permitted by law. No lien shall be placed upon the Grantee's property.
16. Relationship to the Agreement and Survival of Agreement and the Amendment.
The terms, covenants and conditions of the Agreement shall remain in full force and effect, to the
extent they are not inconsistent with and/or modified by the terms of this Amendment. The
terms, covenants and conditions of the Agreement and this Amendment shall survive the
recording of the easements contemplated herein; provided however, any conflict between the
terms, covenants and conditions of the easements contemplated herein and the terms, covenants
and conditions of the Agreement or this Addendum, shall be resolved in favor of the easements.
17. Default. Except as provided in Section 10 (iii), in the event of a default or a
claimed default under the Agreement or this Amendment, the party claiming the default shall
give the defaulting party notice and ten (10) days to cure the same, unless the default is of a
nature that it cannot be cured within 10 days, in which case the curative efforts shall commence
within 10 days of the notice and shall be prosecuted diligently thereafter. Notice of default shall
be deemed to have been given when mailed, certified mail return receipt requested or when hand
delivered.
18. Default Remedies. In the event either party commits a default or an event of
default hereunder which is not timely cured, the parties shall have all remedies, legal or
equitable, as are allowable under law. Venue for any action hereunder shall be in Seminole
County, Florida.
19. Attorneys Fees and Costs. In the event any legal action is brought to enforce the
terms of the Agreement or this Amendment, the prevailing party shall be entitled to recover from
the non-prevailing party the prevailing party's costs and attorney's fees, plus paralegal fees and
costs, incurred in pursuing or defending the action, as the case may be.
20. Notices. Any notices required to be given herein shall be to the parties as follows.
Notices shall be deemed to have been given upon mailing by certified mail, return receipt
requested and postage prepaid or by hand delivery.
As to Grantor:
c/o Mr. Christopher E. Kelley
PMB 425, Unit #104
4044 W. Lake Mary Blvd.
Lake Mary, Florida 32746-2012
7
As to Grantee:
City of Sanford
ATTN: City Engineer
300 N. Park Avenue
Sanford, Florida 32771
With Copy to:
CPH Engineers, Inc.
500 W. Fulton St.
Sanford, FL 32771
ATTN: David A. G-ierach
21. Mutual Limited Release. As a condition precedent to this Amendment, the parties
to the Agreement, this Amendment, CPH, and Wal-Mart shall execute a mutually agreeable
limited release expressly waiving and releasing any and all delay and/or impact claims arising
from any delay to the commencement of the subject project due to the issues addressed by this
Amendment.
(The remainder of this page is intentionally left blank.)
IN WITNESS WHEREOF, Grantor and Grantee have caused these presents to be
executed in manner and form sufficient to bind them as of the day and y~r first above written.
/
Signed, sealed and delivered in ____"KELLEY" ,./~
the presence of: ~-~ lglJG]t~l~: ~1~-~ Y /~.///
STATE OF FLORIDA ·
COI3NTY OF
t/~qSWORN TO AND SUBSCRIBED before
l IV',/d¢llcxl .
I
me this ~ day of /r]~p~(~, , 2003, by
Signet]re of I~ary Public
Personally Known V/
Type of Identification Produced
Print, Type, or Stamp Commissioned
Name of Notary Public YUt~MA SECHREST
N(~aff Public, Sta~e o{ Floftda
OR Produced Identification I~/(~m. exp. O~. 15, 2003
Comm, No, CC895760
9
ATTEST:
~met R. Dougherty, C)(rt/y Clerk
(CORPORATE SEAL)
For the use and reliance of City of Sanford
only. Approved as to form ~nd legal
~'~Cit~Att~-mey -- / (.//
"GRANTEE"
CITY OF SANFORD
TO/AND SUB. SCRIBED before me this
day of e/~/~z~rq, 2003, by
Personally Known b/ OR Produced Identification
Type of Identification Produced
10
Wi(ness
Witness
"TRUSTEE"
SEMINOLE FARMS TRUST IV
By:
STATE OF FLO ,/~flDA.
COUNTY OF ~
~ SWORN TO AND SUBSCRIBED before me this b day of fJ~f'Cf'/ , 2003, by
arold ~. t&.rPsc, c/¥
Sir(at,re o~ota~y PuUic
Personally Known
Type of Identification Produced
Print, Type, or Stamp Commissioned
Name of Notary Public
OR Produced Identification ~ ~
k~Y ~m. ~q~. 0~. 15, 2003
11
(This page is intentionally left blank.)
12
EXHIBIT
A
Sheet 1
See Sketch of Description
Included as Attachment "A"
POND 1
That part of Lot 39 and Jewett Lane as shown on the Plat of Smiths Third Subdivision as recorded
in Plat Book 1, Page 86 of the Public Records of Seminole County, Florida described as follows:
Commence at the South 1/4 comer of Section 28, Township 19 South, Range 30 East, mn thence
North 00o04'48'' East along the East line of the Southwest 1/4 of said Section 28 for 965.97 feet;
thence North 89°55'12'' West for 30.00 feet to a point being on the West right of way line of Upsala
Road; thence continue North 89°55'12'' West along the Southeriy right of way of St. John's Parkway
per Official Records Book 2868, Page 0135, Seminole County, Florida, for 1222.16 feet to the point
of curvature of a curve concave Northerly and having a radius of 705.00 feet; thence Northwesterly
along the arc of said curve, through a central angle of 16° 13'15" for a distance of 199.59 feet; thence
North 16° 18'03" East departing said Southerly right of way for a distance of 110.00 feet to the
Northerly right of way of said St. John's Parkway and the POINT OF BEGINNING, said point
being on a non-tangent curve concave Northerly having a radius of 595.00 feet; thence from a tangent
beating of North 73 °41'57" West, mn along the arc of said curve and Northerly right of way of said-
St. John's Parkway through a central angle of 16020'55'' for a distance of 169.78 feet; thence
departing said Northerly right of way North 24034'33'. East for a distance of 325.38 feet to the point
of curvature of a curve concave Southerly, having a radius of 10.00 feet; thence Easterly along the
arc of said curve through a central angle of 155°29'28'' for a distance of 27.14 feet to the point of
tangency; thence South 00°04'01'' West for a distance of 361.84 feet to the POINT OF
BEGINNING.
T02-E94,AlI
Revised December 11, 2002
Prepared by:
Tinklepaugh Surveying Services, Inc.
379 West Michigan Slreet
Suite 208
Orlando, Florida 32806
(407) 422-0957
This description and the accompanying sketch or
sketches has been prepared in accordance with the
Standards set forth m Ch apter 61 G 17, F.A.C., pursuant
to Chapters 177 and 472, Florida Statutes. Unless it bears
the signature and the original raised seal of a Florida
licensed surveyor and mapper this drawing, sketch, plat
or map is for informational purposes oaly and is not valid,
ARTHUR W. TUCKER P.L.S # 4381
Date: /i~. ~/..~-d, 7_.
EXHIBITB I
I--'Z
p~o~
I EXHIBIT
B
Sheet t
See Sketch of Description
Included as Attachment "A"
POND 2
That part of Lot 43 and Elder Road as shown on the Plat of Smiths Third Subdivision as recorded
in Plat Book 1, Page 86 of the Public Records of Seminole County, Florida described as follows:
Commence at the South 1/4 comer of Section 28, Township 19 South, Range 30 East, run thence
North 00° 04'48" East along the East line of the Southwest 1/4 of said Section 28 for 965.97 feet;
thence North 89° 55'12" West for 30.00 feet to a point being on the West right of way line of Upsala
Road; thence continue North 89° 55'12" West along the Southerly right of way of St. John's Parkway
per Official Records Book 2868, Page 0135, Seminole County, Florida, for 8929.23 feet to the
POINT OF BEGINNING; thence departing said Southerly right of way South 00° 00'00" West for
a distance of 260.43 feet to the point of curvature of a curve concave Northwesterly, having a radius
of 15.00 feet; thence Southwesterly along the arc of said curve through a central angle of 90° 03'13"
for a distance of 23.58 feet to the point of tangency; thence North 89° 56'47" West for a distance of
305.00 feet to the point of curvature cfa curve concave Northeasterly having a radius of 15.00 feet;
thence Nor~westerly along the arc of said curve through a central angle of 89 ° 56'47" for a distance
of 23.55 feet to the point oftangency; thence North 00° 00'00" East for a distance of 260.87 feet to
said Southerly right of way and a point on a curve concave Northerly, having a radius of 705.00 feet;
thence from a tangent bearing of South 86.° 29'55" East run Easterly along said Southerly right of
way and the arc of said curve through a central angle of 03 o 25'17" for a distance of 42.10 feet to the
point of tangency; thence South 89° 55'12" East for a distance of 292.93 feet to the POINT OF
BEGINNING.
T02-E94
Prepared by:
Revised December 11, 2002
Tinldepaugh Surveying Services, Inc.
379 West Michigan Street
Suite 208
Orlando, Florida 32806
(407) 422-0957
EXHIBIT
C
This description and the accompanying sketch or
sketches has been prepared in accordance with the
Standards set forth in Chapter 61G17, F.A.C., pursuant
to Chapters 177 and 472, Florida Statutes. Unless it bears
the signature and the original raised seal of a Florida
licensed surveyor and mapper this drawing, sketch, plat
or map is for itlform~onal p ~urpo~mly ~nd is not valid.
ARTHU~ W. TUCKER P.L.S # 4381
_J
~I¥0~ ~3~93
EXHIBIT
C
,00[. =,,L :31¥0S
Sheet 1
See Sketch of Description
Included as Attachment "A"
POND 3
That part of Lot 38 and Jewett Lane as shown on the Plat of Smiths Third Subdivision as recorded
in Plat Book 1, Page 86 of the Public Records of Seminole County, Florida described as follows:
Commence at the South 1/4 comer of Section 28, Township 19 South, Range 30 East, mn thence
North 00° 04'48" East along the East line of the Southwest 1/4 of said Section 28 for 965.97 feet;
thence North 89° 55'12" West for 30.00 feet to a point being on the West right of way line of Upsala
Road; thence continue North 89° 55'12" West along the Southerly right of way of St. John's Parkway
per Official Records Book 2868, Page 0135, Seminole County, Florida, for 923.39 feet; thence North
00° 04'48" East departing said Southerly right of way for a distance of 110.00 feet to the Northerly
right of way of said St. John's Parkway and the POINT OF BEGINNING; thence North 89° 55'12"
West along said Northerly right of way for a distance of 298.77 feet to the point of curvature ora
curve concave Northerly, having a radius of 595.00 feet; thence Westerly along the arc of said curve
through a central angle of 05° 25'25" for a distance of 56.32 feet; thence departing said right of way
North 00° 00'00" East for a distance of 312.89 feet to the point of curvature ora curve concave
Southeasterly, having a radius of 50.00 feet; thence Northeasterly along the arc of said curve through
a central angle of 89° 56'08" for a distance of 78.48 feet to the point oftangency; thence North 89°
56'08" East for a distance of 103.32 feet; thence South 89° 52' 10" East for a distance of 45.27 feet;
thence South 85° 58' 04" East for a distance of 110.25 feet to the point of curvature of a curve
concave Southwesterly, having a radius of 50.00 feet; thence Southeasterly along the arc of said
curve through a central angle of 85° 57'56" for a distance of 75.02 feet to the point of tangency;
thence South 00° 00'07" East for a distance of 308.44 feet to the POINT OF BEGINNING.
T02-E94
Prepared by:
Tinldepaugh Surveying Services, Inc.
379 West Michigan Street
Suite 208
Orlando, Florida 32806
(407) 422-0957
This description and the accompanying sketch or
sketches has been prepared in accordance with the
Standards set forth in Chapter 61G17, F.A.C.,
pursuant to Chapters 177 and 472, Florida Statutes.
Unless it bears the signature and the original raised
seal of a Florida licensed surveyor and mapper this
drawing, sketch, plat or map is for informational
purposes only and is not valid.
ARTHUR W. TUCKER P.L.S # 4381
Date: ,~/~'-O 7
EXHIBIT
D
~a~
EXHIBIT
D
Sheet 1
See Sketch of Description
Included as Attachment "A"
15 FOOT DRAINAGE EASEMENT
That part of Lot 39 and Elder Road as shown on the Plat of Smiths Third Subdivision as recorded
in Plat Book 1, Page 86 of the Public Records of Seminole County, Florida described as follows:
Commence at the South 1/4 corner of Section 28, Township 19 South, Range 30 East, run thence
North 00004'48.' East along the East line of the Southwest 1/4 of said Section 28 for 965.97 feet;
thence North 89°55'12'. West for 30.00 feet to a point being on the West right of way line of Upsala
Road; thence continue North 89°55'12" West along the Southerly fight of way of St. John's Parkway
per Official Records Book 2868, Page 0135, Seminole County, Florida, for 1222.16 feet; thence
North 00o04'48" East departing said Southerly right of way for a distance of 110.00 feet to the
Northerly right of way of said St. John's Parkway and a point on a non-tangent curve concave
Northerly, having a radius of 595.00 feet; thence from a tangem beating of North 89%5'12" West run
Westerly along the arc of said curve through a central angle of 05°25'25" for a distance of 56.32 feet;
thence North 00°00'00" East for a distance of 138.65 feet to the POINT OF BEGINNING; thence
North 89°57'39" West for a distance of 109.80 feet; thence North 00°04'01" East for a distance of
15.00 feet; thence South 89o57'39'' East for a distance of 109.78 feet; thence South 00°00'00'' West
for a distance of 15.00 feet to the POINT OF BEGINNING.
T02-lg94.A
Revised December 11, 2002
Prepared by:
Tinklepaugh Surveying Services, Inc.
379 West Michigan Street
Suite 208
Orlando, Florida 32806
(407) 4224)957
This description and the accompanying sketch or
sketches has been prepared in accordance with the
Standards set forth in Chapter 61G17, F.A.C.,
pursuant to Chapters 177 and 472, Florida Statutes.
Unless it bears the signature and the original raised
seal of a Florida licensed surveyor and mapper this
drawing, sketch, plat or map is for informational
purposes only and is not valid.
ARTHUR W, TUCKER P.L.S # 4381
I EXHIBIT
E
Sheet 1
See Sketch of Description
Included as Attachment "A"
Drainage Easement
That part of Lot 43 and Elder Road as shown on the Plat of Smiths Third
Subdivision as recorded in Plat Book 1, Page 86 of the Public Records of
Seminole County, Florida described as follows:
Commence at the South 1/4 corner of Section 28, Township 19 South, Range
30 East, run thence North 00° 04'48" East along the East line of the
Southwest 1/4 of said Section 28 for 965.97 feet; thence North 89° 55'12"
West for 30.00 feet to a point being on the West right of way line of
Upsala Road; thence continue North 89° 55'12" West along the Southerly
right of way of St. John's Parkway per Official Records Book 2868, Page
0135, Seminole County, Florida, for 1222.16 feet to the point of
curvature of a curve concave Northerly having a radius of 705.00 feet;
thence Westerly along the arc of said curve through a central angle of
03° 25'17" for a distance of 42.10 feet to the POINT OF BEGINNING; thence
continue along the arc of said curve through a central angle of
02° 26'49" for a distance of 30.11 feet; thence departing said Southerly
right of way South 00° 00'00" West for a distance of 309.35 feet; thence
South 89° 56'44" East for a distance of 1172.10 feet; thence North 00°
00'00" East for a distance of 20.00 feet; thence North 89° 56'47" West
for a distance of 822.11 feet; thence North 00° 00'00" East for a
distance of 10.04 feet; thence North 89° 56'47" West for a distance of
305.00 feet to the point of curvature of a curve concave Northeasterly
having a radius of 15.00 feet; thence Northwesterly along the arc of
said curve through a central angle of 89° 56'47" for a distance of 23.55
feet to the point of tangency; thence North 000 00'00" East for a
distance of 261.87 feet to the POINT OF BEGINNING.
Prepared by:
Tinklepaugh Surveying Services, Inc.
379 West Michigan Street
Suite 208
Orlando, Florida 32806
(407) 422-0957
T02-E94.B
This description and the accompanying
sketch or sketches has been prepared
in accordance with the Standards set
forth in Chapter 61G17, F.A.C.,
pursuant to Chapters 177 and 472,
Florida Statutes. Unless it bears the
signature and the original raised
seal of a Florida licensed surveyor
and mapper this drawing, sketch, plat
or map is for informational purposes
only add ~S no~_id~,
ARTHUR W. TUCKER, P.L.S # 4381
Date: 31 o Z_
EXHIBITF I
~WO~ ~3093
I
I
J EX.,e,T JF
Sheet 1
See Sketch of Description
Included as Attachment "A"
15 FOOT DRAINAGE EASEMENT
That part of Lot 43 as shown on the Plat of Smiths Third Subdivision as recorded in Plat Book 1,
Page 86 of the Public Records of Seminole County, Florida described as follows:
Commence at the South 1/4 comer of Section 28, Township 19 South, Range 30 East, mn thence
North 00o04'48" East along the East line of the Southwest 1/4 of said Section 28 for 965.97 feet;
thence North 89°55'12" West for 30.00 feet to a point being on the West right of way line of Upsala
Road; thence continue North 89°55'12" West along the Southerly right of way of St. John's Parkway
per Official Records Book 2868, Page 0135, Seminole County, Florida, for a distance of 909.23 feet
to the POINT OF BEGINNING; thence South 00°00'00" West, departing said Southerly right of
way, for a distance of 15.00 feet; thence North 89°55'12" West for a distance of 20.00 feet; thence
North 00°00'00'' East for a distance of 15.00 feet to said Southerly right of way; thence South
89°55'12" East for a distance of 20.00 feet to the POINT OF BEGINNING.
T03-A31.1
Prepared by:
Tinklepaugh Surveying Sendces, Inc.
379 West Michigan Street
Suite 208
Orlando, Florida 32806
(407) 422-0957
This description and the accompanying sketch or
sketches has been prepared in accordance with the
Standards set forth in Chapter 61G17, F.A.C.,
pursuant to Chapters 177 and 472, Florida Statutes.
Unless it bears the signature and the original raised
seal of a Florida licensed surveyor and mapper this
drawing, sketch, plat or map is for informational
purposes only and is not valid,
ARTHUR W. TUCKER P.L.S # 4381
Date: ["'?{'~'0 ~I
EXHIBIT
G
,O0'g &
3.00,O0,OON ~o
z
,OOi-'.t :~9¥0S
EXHIBIT
Sheet 1
See Sketch of Description
Included as Attachment "A"
15 FOOT DRAINAGE EASEMENT
That part oflewett Lane as shown on the Plat of Smiths Third Subdivision as recorded in Plat Book
1, Page 86 of the Public Records of Seminole County, Florida described as follows:
Commence at the South 1/4 comer of Section 28, Township 19 South, Range 30 East, mn thence
North 00°04'48'' East along the East line of the Southwest 1/4 of said Section 28 for 965.97 feet;
thence North 89°55'12" West for 30.00 feet to a point being on the West fight of way line of Upsala
Road; thence continue North 89°55'12'' West along the Southerly right of way of St. John's Parkway
per Official Records Book 2868, Page 0135, Seminole County, Florida, for a distance of 913.39 feet;
thence North 00004'48'' East, departing said Southerly right of way, for a distance of 110.00 feet to
the Northerly right of way of said St. John's Parkway and the POINT OF BEGINNING; thence
North 89055'12'' West, along said Northerly right of way, for a distance of 10.00 feet; thence North
00000'07'' West, departing said Northerly right of way, for a distance of 15.00 feet; thence South
89°55'12'' East for a distance of 10.00 feet; thence South 00o00'07'' East for a distance of 15.00 feet
to the POINT OF BEGINNING.
T03-A31.2
Prepared by:
Tinldepaugh Surveying Sen, ices, Inc.
379 West Michigan Street
Suite 208
Orlando, Florida 32806
(407) 422-0957
This description and the accompanying sketch or
sketches has been prepared in accordance with the
Standards set forth in Chapter 61G17, F.A.C.,
pursuant to Chapters 177 and 472, Florida Statutes.
Unless it bears the signature and the original raised
seal of a Florida licensed surveyor and mapper tl~is
drawing, sketch, plat or map is for infonnationai
purposes only and is not valid.
ARTHUR W. TUCKER P.L.S#4381
Date: /" 3/-O "3
I EXHIBIT
H
Sheet 1
See Sketch of Description
Included as Attachment "A"
15 FOOT DRAINAGE EASEMENT
That part of Jewett Lane and Elder Road as shown on the Plat of Smiths Third Subdivision as
recorded in Plat Book 1, Page 86 of the Public Records of Seminole County, Florida described as
follows:
Commence at the South 1/4 comer of Section 28, Township 19 South, Range 30 East, mn thence
North 00o04'48" East along the East line &the Southwest 1/4 of said Section 28 for 965.97 feet;
thence North 89°55'12'' West for 30.00 feet to a point being on the West right of way line of Upsala
Road; thence continue North 89°55'12" West along the Southerly right of way of St. John's Parkway
per Official Records Book 2868, Page 0135, Seminole County, Florida, for a distance of 1222.16 feet
to the point of curvature ora curve concave Northerly and having a radius of 705.00 feet; thence mn
Westerly along the arc of said curve through a central angle of 05°25'25" for a distance of 66.73 feet;
thence North 05°30'13.' East, departing said Southerly right of way, for a distance of 110.00 feet to
the Northerly fight of way of said St. John's Parkway and the POINT OF BEGINNING, said point
being on a curve concave Northerly and having a radius of 595.00 feet; thence from a tangent bearing
of North 84o29'47'' West, run Westerly along the arc of said curve and along said Northerly fight of
way, through a central angle of 10°47'50'' for a distance of 112.13 feet; thence North 00°04'01" East,
departing said Northerly fight of way, for a distance of 15.64 feet to a point on a non-tangent curve
concave Northerly and having a radius of 580.00 feet; thence from a tangent bearing of South
73016'02'' East, mn Easterly along the arc of said curve through a central angle of 11°05'11" for a
distance of 112.23 feet; thence South 00°00'00'' West for a distance of 15.07 feet to the POINT OF
BEGINNING.
T03-A31.3
Prepared by:
Tinldepaugh Surveying Services, Inc.
379 West Michigan Street
Suite 208
Orlando, Florida 32806
(407) 422-0957
This description and the accompanying sketch or
sketches has been prepared in accordance with the
Standards set forth in Chapter 61G17, F.A.C.,
pursuant to Chapters 177 and 472, Florida Statutes.
Unless it bears the signature and the original raised
seal of a Florida licensed surveyor and mapper this
drawing, sketch, plat or map is for informational
purposes only and is not valid.
ARTHUR W. TUCKER P.L.S # 4381
Date: ~/~-0 ~
I EXHIBIT
I
EXHIBIT
Sheet 1
See Sketch of Description
Included as Attachment "A"
15 FOOT DRAINAGE EASEMENT
That part of Lot 39 as shown on the Plat of Smiths Third Subdivision as recorded in Plat Book 1,
Page 86 of the Public Records of Seminole County, Florida described as follows:
Commence at the South 1/4 comer of Section 28, Township 19 South, Range 30 East, mn thence
North 00°04'48" East along the East line of the Southwest 1/4 of said Section 28 for 965.97 feet;
thence North 89°55'12" West for 30.00 feet to a point being on the West fight of way line of Upsala
Road; thence continue North 89°55'12" West along the Southerly fight of way of St. 1ohn's Parkway
per Official Records Book 2868, Page 0135, Seminole County, Florida, for a distance of 1222.16 feet
to the point of curvature ora curve concave Northerly and having a radius of 705.00 feet; thence mn
Westerly along the arc of said curve through a central angle of 32°34'10'' for a distance of 400.75
feet; thence North 32°38'58" East, departing said Southerly right of way, for a distance of 110.00 feet
to the Northerly fight of way of said St. John's Parkway and the POINT OF BEGINNING, said
point being on a curve concave Northerly and having a radius of 595.00 feet; thence from a tangent
bearing of North 57°2P02'' West, mn Northwesterly along the arc of said curve and along said
Northerly right of way, through a central angle of 06°21'02'' for a distance of 65.95 feet to the point
of tangency; thence North 51°00'00'. West for a distance of 43&36 feet; thence North 00°00'00"
West, departing said Northerly right of way, for a distance of 19.30 feet; thence South 5 l°00'00" East
for a distance of 44'~,41 feet; thence South 72°52'36" East for a distance of 60.51 feet; thence South
24034'33" West for a distance of 35.00 feet to the POINT OF BEGINNING.
T03-A31.4
Prepared by:
Tinklepaugh Surveying Services, Inc.
379 West Michigan Street
Suite 208
Orlando, Florida 32806
(407) 422-0957
EXHIBIT
J
This description and the accompanying sketch or
sketches has been prepared in accordance with the
Standards set forth in Chapter 61G17, F.A.C.,
pursuant to Chapters 177 and 472, Florida Statutes.
Unless it bears the signature and the original raised
seal of a Florida licensed surveyor and mapper this
drawing, sketch, plat or map is for infomational
purposes onl~ and is not valid.
ARTHUR W. TUCKER P.L.S #4381
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