approved byorange doc# 20170546981 countyboard of … · approved byorange doc# 20170546981...
TRANSCRIPT
APPROVED BYORANGE DOC# 20170546981COUNTY BOARD OF COUNTY 10/06/201710:38:06AM Page 1 of 17COMMISSIONERS Rec Fee: $146.00
Deed Doc Tax: $0.00BCC Mtg.Date.October3,2017
Da e : 0
MortgageStamp: 0.00Phil Diamond,ComptrollerOrange County, FLIO - Ret To: ORANGE COUNTY GROUTH MANA
Ad cum rqaedEs
y and returnedto:
53
Lowndes, Drosdick,Doster,Kantor & Reed, P.A.
215 North Eola Drive
Orlando,FL 32801
Tax ParcelIdentificationNumbers:
10-24-28-0000-00-053
14-24-28-1242-60-000
14-24-28-1242-66-000
14-24-28-1242-66-001
14-24-28-1242-78-001
15-24-28-5844-00-050
15-24-28-5844-00-071
15-24-28-5844-00-211
15-24-28-7774-00-002
15-24-28-7774-00-010
15-24-28-7774-00-020
15-24-28-7774-00-022
EXECUTION COPY
PALM PARKWAY TO APOPKA-VINELAND CONNECTOR ROAD
FIFTH SUPPLEMENTAL AGREEMENT
This PALM PARKWAY TO APOPKA-VINELAND CONNECTOR ROAD FIFTH
SUPPLEMENTAL AGREEMENT (this"FifthSupplemental Agreement"), effectiveas of the
latestdateof execution(the"EffectiveDate"),ismade and enteredintoby and among-DARYL M.
CARTER, not individuallybut as Trustee under a Floridaland trustknown and designatedas
"CARTER-ORANGE 105 SAND LAKE LAND TRUST" (the"Trust"),createdpursuantto Section
689.071,FloridaStatutes,and existingunder and by virtueof an unrecorded trustagreement dated
effectiveas of April 10, 2008, as the same may have been, and may hereafterbe, amended from
time to time,whose address is 3333 South Orange Avenue, Suite200, Orlando, Florida32806,Attention Daryl M. Carter, Trustee; KERINA, INC., a Delaware corporation,KERINA
VILLAGE, LLC, successor by conversion to Kerina Village,Inc.,a Florida limitedliability
company, KERINA WILDWOOD, LLC, successorby conversionto Kerina Wildwood, Inc.,a
Floridalimitedliabilitycompany (collectively"Kerina"),whose addressisclo Kathy Keller,5401
South Kirkman Road, Suite650, Orlando,Florida32819; PULTE HOME COMPANY, LLC, a
Michigan limitedliabilitycompany as successorby conversion to Pulte Home Corporation,a
Michigan corporation("Pulte"),whose addressis4901 Vineland Road, Suite500, Orlando,Florida
32811; THE SCHOOL BOARD OF ORANGE COUNTY, FLORIDA, a corporatebody and
politicalsubdivisionof the Stateof Florida("School Board"),whose addressis445 West Amelia
Street,Orlando, Florida 32801 and ORANGE COUNTY, FLORIDA, a chartercounty and
0027034\l24571\4053726v6
PalmParkwaytoApopka-VinelandConnectorRoad FifthSupplementalAgreementDarylM. Carter,Trustee,Kerina,Inc.,etal.2017
Page2
politicalsubdivision of the State of Florida (the "County"), whose address is c/o County
Administrator,P.O. Box 1393, Orlando, Florida32802-1393
RECITALS
WHEREAS, BVC PartnersI,LLC, a Floridalimitedliabilitycompany ("BVC"), Kerina,
Inc.,a Delaware corporation ("Kerina, Inc."),Sand Lake Investments, Ltd.,a Florida limited
partnership("SLI"),and the County are partiesto thatcertainPalm Parkway to Apopka-VinelandConnector Road Agreement, a copy of which isrecorded atOfficialRecords Book 8387, Page 3416
of the Public Records of Orange County, Florida(the"Connector Road Agreement"), wherein the
partiessetforththe terms and conditionsof providingthe County right-of-wayand theplanning and
constructionof a connector road thatwillconnect Palm Parkway to Apopka-Vineland Road; and
WHEREAS, Kerina,Inc.,SLI, and the County are partiesto thatcertain"Palm Parkway to
Apopka-Vineland Connector Road Supplemental Agreement," a copy of which is recorded at
OfficialRecords Book 8387, Page 3525, of the Public Records of Orange County, Florida (the
"Supplemental Agreement"); and
WHEREAS, on April 10,2008, SLI conveyed itsright,title,and interestinthe SLI Propertyto the Trust,pursuantto thatcertainGeneral Warranty Deed, a copy of which isrecorded atOfficial
Records Book 9657, Page 2821, inthePublicRecords of Orange County, Florida,
WHEREAS, on March 12, 2009, Kerina, Inc. conveyed a portion of itsright,title,and
interestinthe Kerina Propertyto Kerina Wildwood, Inc.,a Floridacorporation("Kerina Wildwood,
Inc.");Kerina Village,Inc.,a Floridacorporation("Kerina Village,Inc.");Kerina Loop, Inc.,a
Florida corporation;Kerina Palms, Inc.,a Florida corporation;Kerina Parkside,Inc.,a Florida
corporation; Kerina Schoolside, Inc, a Florida corporation; Kerina Woods, Inc., a Florida
corporation;Kerina Parkside Master, Inc.,a Florida corporation;and Kerina Fish Lake, Inc.,a
Floridacorporation,pursuantto thosecertainSpecialWarranty Deeds, copiesof which arerecorded
at OfficialRecords Book 9846, Page 0315, Page 0270, Page 0204, Page 0234, Page 0250, Page0166, Page 0130, Page 0325, and Page 0321 inthe PublicRecords of Orange County, Florida,allof
which arerelated,eitherdirectlyor indirectly,to Kerina,Inc.;and
WHEREAS, Kerina Village,LLC, a Florida limited liabilitycompany ("Kerina Village
LLC"), the Trust and the County entered into that certain"Palm Parkway to Apopka-VinelandConnector Road Second Supplemental Agreement," a copy of which isrecorded atOfficialRecords
Book 10232, Page 3595, of the Public Records of Orange County, Florida (the "Second
Supplemental Agreement"); and
WHEREAS, the Trust, Kerina, Pulte and the County entered into that certain"Palm
Parkway to Apopka-Vineland Connector Road Third Supplemental Agreement," a copy of which is
recorded as Instrument No. 20170027137, of the Public Records of Orange County, Florida(the"Third Supplemental Agreement") and thatcertain"Palm Parkway to Apopka-Vineland Connector
Road Fourth Supplemental Agreement," a copy of which is recorded as Instrument No.
20170025202, of the Public Records of Orange County, Florida (the "Fourth Supplemental
Agreement"); and
0027034\l24571\4053726v6
PalmParkwaytoApopka-VinelandConnectorRoad FifthSupplementalAgreement
DarylM. Carter,Trustee,Kerina,Inc.,etal.2017
Page3
WHEREAS, the School Board consented to the Third Supplemental Agreement and the
Fourth Supplemental Agreement; and
WHEREAS, Pulte is the current owner of the BVC Property, less and except BVC's
Northern Parcel;and
WHEREAS, Kerina Village,LLC isthe successorby conversionto Kerina Village,Inc.;and
WHEREAS, Kerina Wildwood, LLC isthe successorby conversion to Kerina Wildwood,
Inc.;and
WHEREAS, on December 29, 2016, pursuant to that certain Special Warranty Deed
recorded in Instrument #20160672962, Public Records of Orange County, Florida,the Trust
conveyed to the School Board thatcertainrealproperty describedin Exhibit "A" attachedhereto;
and
WHEREAS, the partieswish to supplement and amend the terms of the Connector Road
Agreement as setforthherein;and
NOW THEREFORE, in considerationof the covenants and agreements contained herein
and for other good and valuable consideration,the receiptand sufficiencyof which are hereby
acknowledged, thepartiesto thisFifthSupplemental Agreement agree as follows:
Section 1. Recitals.The foregoing Recitalsaretrueand correctand are included
as part of the terms and provisionsof thisFifthSupplemental Agreement. All capitalizedterms
used herein without definitionshallhave the meanings ascribed theretoin the Connector Road
Agreement.
Section2. Waiver of Appraisal Requirement. The partiesacknowledge and
agree thatthe provisionsof Section7.5(i)of the Connector Road Agreement arehereby amended to
waive the requirement thatan appraisalbe obtained in connection with the TitleCommitment to be
provided with the conveyance of right-of-wayand relatedeasements forthe Connector Road. The
partiesheretoagree thatthe applicableTitleCommitments to be provided by the applicablepartiesin connection with the Connector Road shallbe in the followingamounts which have resultedfrom
negotiationsamong theparties.These amounts areforthepurposes of thisAgreement only:
(a) Right-of-way $500,000.00 per acre
(b) Permanent Drainage Easement $475,000.00 per acre
(c) Permanent Easements forall
purposes otherthan Drainage $400,000.00 per acre
(d) Temporary Easement $250,000.00 per acre
0027034\l24571\4053726v6
PalmParkwaytoApopka-VinelandConnectorRoad FifthSupplementalAgreement
DarylM. Carter,Trustee,Kerina,Inc.,etal.2017
Page4
The partiesacknowledge thatthe above amounts will be applicableto alltitleinsurance
commitments and policiesto be deliveredpursuant to Section7.5and thatno determinationof value
by an MAI appraisershallbe requiredpursuantto the Connector Road Agreement.
Section3. Notices. The artieshereb acknowled e and a ree thatthe Notice
addresses in Section 22 of the Connector Road Agreement and Section 5 of the Fourth
Supplemental Agreement arehereby amended to read as follows:
As to School Board: The School Board of Orange County, Florida
445 West Amelia Street
Orlando, FL 32801
Attn: General Counsel
Telephone: (407) 317-3411
Facsimile: (407) 317-3341
With a copy to: Orange County Public Schools
6501 Magic Way, Bldg. 200
Orlando, FL 32809
Attn: Harold E. Jenkins,Directorof Real Estate
Telephone: (407) 317-3700 (ext.2025108)Facsimile: (407) 317-3792
And a copy to: Orange County Public Schools
6501 Magic Way, Bldg. 200
Orlando, FL 32809
Attn: Laura L. Kelly,Esquire
Telephone: (407) 317-3700 (ext.2025906)Facsimile: (407) 317-3792
As to Pulte: PulteHome Company, LLC
c/o ClintBall,Directorof Land - North Florida
4901 Vineland Road, Suite500
Orlando, FL 32811
With a copy to: Daniel T. O'Keefe, Esq.Shutts& Bowen LLP
300 South Orange Avenue, Suite1000
Orlando, FL 32801
As to Kerina: Kerina,Inc.
Kerina Village,LLC
Kerina Wildwood, LLC
c/oKathy Keller
5401 South Kirkman Road, Suite650
Orlando, FL 32819
0027034\l24571\4053726v6
PalmParkwaytoApopka-VinelandConnectorRoad FifthSupplementalAgreementDarylM. Carter,Trustee,Kerina,Inc.,etal.2017
Page5
With a copy to: Miranda F. Fitzgerald,Esq.
Lowndes, Drosdick,Doster,Kantor & Reed, P.A.
215 North Eola Drive
Orlando, FL 32801
As to Trust: Carter-Orange 105 Sand Lake Trust
c/oDaryl Carter
3333 South Orange Avenue, Suite200
Orlando, FL 32806
With a copy to: Paul Rosenthal,Esq.2605 Norfolk Road
Orlando, Florida32803
As to County: Orange Countyc/oCounty Administrator
201 South Rosalind Avenue
Orlando, FL 32801
With a copy to: Orange County Community, Environmental and
Development ServicesDepartment
Manager, TransportationPlanning Division
Orange County PublicWorks Complex4200 South John Young Parkway
Orlando, FL 32839-9205
With a copy to: Orange County Attorney'sOffice
Orange County AdministrationBuilding201 South Rosalind Avenue
3rdFloor
Orlando, FL 32801
Attn: County Attorney
With a copy to: Orange County UtilitiesDepartment9150 Curry Ford Road
Orlando, Florida32825
Attn: Director
As to Association: Midtown Master Owners' Association
4901 Vineland Road
Suite500
Orlando, Florida32811
Section4. Recordation. This FifthSupplemental Agreement shallbe recorded in
the Public Records of Orange County, Floridawithin thirty(30) days of the EffectiveDate at no
0027034\l24571\4053726v6
PalmParkwaytoApopka-VinelandConnectorRoad FifthSupplementalAgreementDarylM. Carter,Trustee,Kerina,Inc.,etal.2017
Page6
costto Orange County. The Trust,Pulteand Kerina hereby agree to each pay one-third(1/3)of the
recordingcosts.
Section5. No Other Modifications. Except as expresslymodified hereby,allof
the terms,covenants,provisionsand conditionsof the Connector Road Agreement, as modified bythe Supplemental Agreement, and the Second, Third and Fourth Supplemental Agreements shall
remain in fullforceand effectin accordance with theirterms and are hereby ratifiedand confirmed
and cannot be modified unless said modificationsare produced in writing and signed by allthe
Parties.
[SIGNATURE BLOCKS APPEAR ON FOLLOWING PAGES]
0027034\l24571\4053726v6
PalmParkwaytoApopka-VinelandConnectorRoad FifthSupplementalAgreement
DarylM. Carter,Trustee,Kerina,Inc.,etal.2017
Page7
IN WITNESS WHEREOF, the parties have executed and delivered this Fifth
Supplemental Agreement on the datesspecifiedbelow.
"COUNTY"
(Offi ORANGE COUNTY, FLORIDA
I By: Board of County Commissioners
eresaJacobs
Orange County Mayor
ATTEST: DATE: /{*)-3. /7
PhilDiamond, CPA, County ComptrollerAs Clerk of theBoard of CountyCommissioners
By:
eputy lerk
Katie Smith
PrintedName
[SIGNATURE BLOCKS CONTINUE ON FOLLOWING PAGES]
0027034\l24571\4053726v6
PalmParkwaytoApopka-VinelandConnectorRoad FifthSupplementalAgreementDarylM. Carter,Trustee,Kerina,Inc.,etal.2017
Page8
Witnesses: "TRUST"
CARTER-ORANGE 105 SAND LAKE LAND
TRUST, created by that certain unrecorded trust
agreement dated effectiveAprill0, 2008, as may be
amended from time a'
Nam : 0
By:
Daryl M. Carter, not individuallybut as
Trustee of the Carter-Orange 105 Sand Lake
Land Trust
Date: OS 4/ AO )
STATE OF FLORIDA
COUNTY OF ORANGE
The foregoinginstrumentwas acknowledged before me this ay of as ,2017,
by Daryl M. Carter,in his capacityas Trustee,not individually,of the Carter-Oran3e 105 Sand
Lake Land Trust. He ispersonallyknown tome er-has-produced
By:Print me: Jo A ( Rr-
JOANM.FISHER Notary Public Stateof Florida
. * Masion 8GG113004Commission No.:
ExpiresJuly10.2021emannassumpson. My Commission Expires:
[SIGNATURE BLOCKS CONTINUE ON FOLLOWING PAGE]
0027034\l24571\4053726v6
PalmParkwaytoApopka-VinelandConnectorRoad FifthSupplementalAgreementDarylM. Carter,Trustee,Kerina,Inc.,etal.2017
Page9
"KERINA"
Witnesses: KERINA, INC.,a Delawa corporation
Nke: ,FOrr'/ M nda F. FitzgeraldIts:Vice President
Name: sp'
STATE OF FLORIDA
COUNTY OF ORANGE
The foregoing instrument was acknowledged before me this30 day of 44 ,
2017, by Miranda F. Fitzgerald,Vice Presidentof Kerina,Inc.,a De corporation.Syspersonallyknown to me or has produced as identification.
By: ..--PrintN e:
Notary Public Stateof Florida
agCommission No.:
STATEOF FLORioA My Commission Expires:camneesomes
Empires#12/2020
[SIGNATURE BLOCKS CONTINUE ON FOLLOWING PAGE]
0027034\l24571\4053726v6
PalmParkwaytoApopka-VinelandConnectorRoad FifthSupplementalAgreementDarylM. Carter,Trustee,Kerina,Inc.,etal.2017
Page10
"KERINA"
Witnesses: KERINA WILDWOOD, LLC,a Floridalimitedliabilitycompany
ame: / , f-efry me/Miranda F. Fitzgerald .
Title: President
Name: P
STATE OF FLORIDA
COUNTY OF ORANGE
The foregoing instrument was acknowledged before me this day of f4
2017, by Miranda F. Fitzgerald,Presidentof Kerina Wildwood, LLC, a Floridalimitedliability
company. She is personally known to me or has produced as
identification.
KATHRVN 8MITN By:ARYPueuc Print ame:
aNotary Public Stateof Florida
Commission No.:
My Commission Expires:
[SIGNATURE BLOCKS CONTINUE ON FOLLOWING PAGE]
0027034\l24571\4053726v6
PalmParkwaytoApopka-VinelandConnectorRoad FifthSupplementalAgreementDarylM. Carter,Trustee,Kerina,Inc.,etal.2017
Page11
"KERINA"
Witnesses: KERINA VILLAGE, LLC,a Floridalimitedliabilitycompany
ame: /.(/9(,,#%n Name:4iranda F. Fitzgerald &
Title: President
Date: &/ 7
STATE OF FLORIDA
COUNTY OF ORANGE
The foregoing instrument was acknowledged before me this day of 9 5
2017, by Miranda F. Fitzgerald,Presidentof Kerina Village,LLC, a Florida limitedliability
emp
. wn to me or has produced as
By:PrintName:
oF omm Notary Public Stateof Florida
conn conne4 Commission No.:
Elphs W12/2020 My Commission Expires:
[SIGNATURE BLOCKS CONTINUE ON FOLLOWING PAGE]
0027034\l24571\4053726v6
PalmParkwaytoApopka-VinelandConnectorRoad FifthSupplementalAgreementDarylM. Carter,Trustee,Kerina,Inc.,etal.2017
Page12
"PULTE"
Witnesses: PULTE HOME COMPANY, LLC,a Michigan limitedliabilitycompany, as successorbyconversionto PULTE HOME CORPORATION, a
Michigan corporation
By:Name: * Name: b ov 0 Mr.-w;
Title: VP of is.
Date: 8 /3 / //,7
Name:
STATE OF FLORIDA
COUNTY OF ORANGE
The foregoing instrument was acknowledged before me this 1\ day of @bG
2017, byfkU6 as 0( LAJD of PULTE HOME COMPANY, LLC,a Michigan limited liabilitycompany, as successor by conversion to PULTE HOME
CORPORATION, a Michigan corporation. He is personallyknown to me or has producedas identification.
B'fF
od1da P tName:
Lo;,/ Experes10/24/2018 NOtary Public Stateof Florida
Commission No.: Al
My Commission Expires:10) 46
[SIGNATURE BLOCKS CONTINUE ON FOLLOWING PAGE]
0027034\l24571\4053726v6
Palm ParkwaytoApopka-VinelandConnectorRoad FifthSupplementalAgreementDarylM. Carter,Trustee,Kerina,Inc.,etal.2017
Page13
WITNESSES: THE SCHOOL BOARD OF ORANGE
COUNTY, FLORIDA, a public corporate bodyand politicalsubdivisionof the Stateof Florida
By:PrintName: 4 /\'/tt 4 a raM. Je
's,Ed.D.,
as itsSuperi e ent
Date: day o V',2017
Prmt m :
STATE OF FLORIDA
COUNTY OF ORANGE
The fo egoing instrument was acknowledged before me this day off , 2017, by Barbara M. Jenkins, Ed.D, as Superintendent of THE
SCHOO BOARD OF ORANGE COUNTY, L IDA, who [ rsonallyknown to me, or
[ ]has produced a 'dentification.
(NOTARY SEAL) & 14N ary u ic /Printed anle: JAY 4/)@ . U#4
. MARGARITA C. RIVERA Commission No.:
p auv cOMMISSION#GG061M Commission Expires:EXPIRESJanuary10,2021
Approved as to form and legalityby Reviewed and approved by Orange Countylegalcounsel to The School Board of Pu licSchools Chief FacilitiesOfficer this
Orange ounty, Florida this day E day of JE ,2017.of , 07 Ya ,2017, forits
exclusiveuse and reliance.
By By:7 1
4ggy , John . rris,Ch fFacilitiesOfficerLaura C elly,Esquire
0027034\l24571\4053726v6
PalmParkwaytoApopka-VinelandConnectorRoad FifthSupplementalAgreementDarylM. Carter,Trustee,Kerina,Inc.,etal.2017
Page14
EXHIBIT "A"
The landreferredto hereinbelow issituatedintheCounty of Orange, Stateof Florida,and isdescribedasfollows:
PARCEL A (SCI-IOOL SITIO:
A PORTION OF CENTRAL ORANGE PARK AS RECORDED IN PLAT BOOK "O",PAGES
63 THROUGH 65, INCLUSIVE, OF THE PUBLIC RECORDS OF ORANGE COUNTY,FLORIDA AND LANDS LYING IN SECTIONS 14 AND 15, TOWNSHIP 24 SOUTH,RANGE 28 EAST OF ORANGE COUNTY FLORIDA, BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
BEGIN AT NORTHEAST CORNER OF SECTION 15,TOWNSHIP 24 SOUTH, RANGE 28
EAST; THENCE SOUTH 00*00'35"WEST, A DISTANCE OF 30.01 FBET TO A POINT ON
THE SOUTH RIGHT OF WAY LINE OF CHURCH STREET, AS RECORDED IN OFFICIALRECORDS BOOK 384, PAGE 334,PUBLIC RECORDS OF ORANGE COUNTY, FLORIDA,THENCE ALONG SAID SOUTH RIGHT OF WAY, NORTH 8804712" EAST, A DISTANCE
OF 644.99 FEET TO THE WEST RIGHT OF WAY LINE OF SAID CHURCH STREET;THENCE SOUTH 00007'l8"WEST, A DISTANCE OF 338.26 FEET ALONG SAID WEST
RIGHT OF WAY; THENCE DEPARTING SAID WEST RIGHT OF WAY, SOUTH 35*01'34"
WEST, A DISTANCE OF 762.37 FEET; THENCE SOUTH 42*21'42"WEST, A DISTANCEOF 598.81 FEET TO A POINT ON A NON-TANGENT CURVE CONCAVE
SOUTHWESTERLY, HAVING A RADIUS OF 766.00 FEET, A CENTRAL ANGLE OF
41*3730" AND A CHORD BEARING OF NORTH 68*2703" WEST; THENCE FROM A
TANGENT BEARING NORTH 47.38'l8"WEST, NORTHWESTERLY 556.49FEET ALONG
THE ARC OF SAID CURVE TO THE POINT OF TANGENCY; THENCE NORTH 89"15'48"
WEST, A DISTANCE OF 576.38 FEET TO POINT OF CURVATURE OF A CURVE
CONCAVE NORTHERLY, HAVING A RADIUS OF 666,00 FEET AND A CENTRAL
ANGLE OF 03*35'l6";THENCE WESTERLY ALONG THE ARC OF SAID CURVE A
DISTANCE OF 41.70 FEET TO A POINT ON THE WEST LINE OF THE NORTHEAST
QUARTER OF THE NORTHEAST QUARTER OF SECTION 15,TOWNSHIP 24 SOUTH,RANGE 28 EAST; THENCE NORTH 00010'40"EAST, A DISTANCE OF 1237.08FEET
ALONG SAID WEST LINE TO A POINT ON THE NORTH LINE OF THE NORTHEAST
QUARTER OF SECTION 15,TOWNSHIP 24 SOUTH, RANGE 28 EAST; THENCE SOUTH
88*55'03"EAST, A DISTANCE OF 1317.59FEET ALONG SAID NORTH LINE TO THE
POINT OF BBGINNINO.
LESS AND EXCEPT ANY PORTION LYING WITHIN PARCELS B AND C AS SET
FORTH BELOW:
PARCEL B (RIGHT-OF-WAY TO BE VACATED Consistingof Segment B, Smith-Bennett
ConnectorRoad and Granby Road):
0027034\l24571\4053726v6
PalmParkwaytoApopka-VinelandConnectorRoad FifthSupplementalAgreementDarylM. Carter,Trustee,Kerina,Inc.,etal.2017
Page15
SEGMENT 8:
A PORTION OF SECTIONS 14 AND 15, TOWNSHIP 24 SOUTH, RANGE 28 EAST,ORANGE COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
BEGIN AT THE INTERSECTION OF THE EAST RIGHT-OF-WAY LINE OF AN EXISTINGSIXTY (60) FOOT RIGHT-OF-WAY LINE AS RECORDED IN OFFICIAL RECORDS
BOOK 715,PAGE 549,PUBLIC RECORDS OF ORANGE COUNTY, FLORIDA, WITH THE
SOUTH RIGHT OF WAY LINE OF FENTON STRBET; THENCE RUN N 89*0702" W,ALONG SAID SOUTH RIGHT OF WAY LINE, A DISTANCE OF 30.00 FEET TO A LINE
PARALLEL WITH AND 30.00 FEET WEST OF SAID EAST RIGHT OF WAY LINE;THENCE RUN N 00"05'l5"W, ALONG SAID PARALLEL LINE, A DISTANCE OF 30.00
FEET TO THE NORTH LINE OF SAID SECTION 15;THENCE RUN S 89,0702" E,ALONG
SAID NORTH LINE, A DISTANCE OF 736.35FEET TO A POINT ON A NON TANGENT
CURVE, CONCAVE SOUTHWESTERLY, HAVING A RADIUS OF 690.70 FEET AND A
CENTRAL ANGLE OF 41*06'58",THENCE RUN SOUTHEASTERLY, ALONG THE ARC
OF SAID CURVE, A DISTANCE OF 495.66 FEET TO THE POINT OF TANGENCY
THEREOF (CHORD BEARING AND DISTANCE BETWEEN SAID POINTS BEING S
51.36'37"E 485.09 FEET );THENCE RUN S 31"03'08"B, A DISTANCE OF 799.07FEET;THENCE RUN S 42*21'42"W, A DISTANCE OF 135.84FEET; THENCE RUN N 31*03'08"
W, A DISTANCE OF 838.27 FEET TO THE POINT OF CURVATURE OF A CURVE,CONCAVE SOUTHWESTERLY, HAVING A RADIUS OF 709.30 FEET AND A CENTRAL
ANGLE OF 58*03'54";THENCE RUN NORTHWESTERLY, ALONG THE ARC OF SAID
CURVE, A DISTANCE OF 718.83FEET TO THE POINT OF TANGENCY THEREOF, SAID
POINT LYING ON THE AFORESAJD SOUTH RIGHT OF WAY LINE OF FENTON
STREET THENCE RUN N 89*0702" W, ALONG SAID SOUTH RIGHT OF WAY LINE, A
DISTANCE OF 378.38FEET TO THE POINT OF BEGINNING.
SMITH-BENNETT CONNECTOR ROAD:
A PORTION OF SECTIONS 14 AND 15, TOWNSHIP 24 SOUTH, RANGE 28 EAST,
OR.ANGE COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
BEGIN AT THE NORTHWEST CORNER OF SAID SECTION 14; THENCE RUN S
00015'28"E, ALONG THE WEST LINE OF SAID SECTION 14, A DISTANCE OF 30.01
FEET TO A LINE THAT IS 30.00FEET SOUTH OF AND PARALLEL WITH THE NORTH
LINE OF SAID SECTION 14;THENCE RUN N 88*31'05"E, ALONG SAID PARALLEL
LINE, A DISTANCE OF 28.22 FEET TO A POINT ON A NON-TANGENT CURVE,
CONCAVE NORTHWESTERLY, HAVING A RADIUS OF 430.00 FEET AND A CENTRAL
ANGLE OF 47.43'42";THENCE ON A CHORD BEARING OF S 28.49'l7"W, RUN 358.20
FEET ALONG THE ARC OF SAID CURVE TO THE POINT OF REVERSE CURVATURE
WITH A CURVE, CONCAVE SOUTHEASTERLY, HAVING A RADIUS OF 35.00 FEET
AND A CENTRAL ANGLE OF 83"44'l6";THENCE RUN SOUTHWESTERLY, ALONG
THE ARC OF SAID CURVE, A DISTANCE OF 51.15FEET TO A POINT; THENCE RUN N
0027034\l24571\4053726v6
PalmParkwaytoApopka-VinelandConnectorRoad FifthSupplementalAgreement
DarylM. Carter,Trustee,Kerina,Inc.,etal.2017
Page16
31003'08"W, A DISTANCE OF 102.38FEET TO THE POINT OF CURVATURE OF A
CURVE, CONCAVE SOUTHWESTERLY, HAVING A RADIUS OF 690.70FEET AND A
CENTRAL ANGLE OF 02.15'36";THENCE RUN NORTHWESTERLY, ALONG THE ARC
OF SAID CURVE, A DISTANCE OF 27.25 FEET TO THE POINT OF REVERSECURVATURE WITH A CURVE, CONCAVE NORTHEASTERLY, HAVING A RADIUS OF
35.00FEET AND A CENTRAL ANGLE OF 96*21'03";THENCE RUN SOUTHEASTERLY,ALONG THE ARC OF SAID CURVE, A DISTANCE OF 58.86FEET TO THE POINT OF
COMPOUND CURVATURE WITH A CURVE, CONCAVE NORTHWESTERLY, HAVINGA RADIUS OF 370,00 FEET AND A CENTRAL ANGLE OF 49all'22";THENCE RUN
NORTHEASTERLY, ALONG THE ARC OF SAID CURVE, A DISTANCE OF 317.65FEET
TO A POINT ON THE NORTH LINE OF SAID SECTION 15 (CHORD BEARING AND
DISTANCE BETWEEN SAID POINTS BEING N 25.44'32"E 307.99 FEET); THENCE S
89*07'02"E, ALONG SAID NORTH LINE, A DISTANCE OF 30.12FEET TO THE POINT
OF BEGINNING.
GRANBY ROAD:
THOSE LANDS DESCRIBED IN RIGHT OF WAY AGREEMENT RECORDED IN
OFFICIAL RECORDS BOOK 715,PAGE 549,PUBLIC RECORDS OF ORANGE COUNTY,FLORIDA.
A PORTION OF THE NE 1/4OF SECTION 15,TOWNSHIP 24 SOUTH, RANGE 28 EAST,ORANGE COUNTY, FLORIDA, LYING SOUTH OF THE SOUTH RIGHT OF WAY OF
FENTON AVENUE, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
WEST 30 FEET OF THE NE 1/4OF THE NE 1/4OF SECTION 15,TOWNSHIP 24 SOUTH,RANGE 28 EAST; (BEING THAT CERTAIN 30 FOOT RIGHT OF WAY LYING ALONGTHE WEST LINE OF BLOCKS 80 TO 84,CENTRAL ORANGE PARK, ACCORDING TO
THE PLAT THEREOF AS RECORDED IN PLAT BOOK O, PAGE 63,PUBLIC RECORDS
OF ORANGE COUNTY, FLORIDA, WHICH WAS VACATED JULY 3, 1958 lN OFFICIAL
RECORDS BOOK 395. PAGE 377, PUBLIC RECORDS OF ORANGE COUNTY,
FLORIDA.)
PARCEL C (NORTH REMNANT PARCEL):
A portionofLot2,Ruby Lake asshown on theplatthereofrecordedinPlatBook 67,Pages42
through48, PublicRecords of Orange County,Floridabeingmore particularlydescribedas
follows:
COMMENCE at theNortheastcornerof theSoutheastQuarterof the NortheastQuarterof
Section15,Township 24 South,Range 28 East,Orange County,Florida,saidpointalsobeingtheNortheastcornerofLot2,Ruby Lake asshown on theplatthereofrecordedinPlatBook 67,
Pages42 through48,PublicRecordsofOrange County,Florida;thenceNorth89*1829"West a
distanceof 108.01feetalongtheNorthlineofsaidSoutheastQuarteroftheNortheastQuarteralsobeingtheNorth lineof saidLot 2,tothePOINT OF BEGINNING; thencedepartingsaid
NorthlineSouth42*21'42"West,a distanceof 131.64feettoa pointon theproposedEasterly
0027034\l24571\4053726v6
PalmParkwaytoApopka-VinelandConnectorRoad FifthSupplementalAgreement
DarylM. Carter,Trustee,Kerina,Inc.,etal.
2017
Page17
rightof way lineof theProposedPalm Parkway toApopka - VinelandConnectorRoad, said
pointbeingon a non-tangentcurveconcave Southwesterly,havinga radiusof 766.00feeta
centralangleof 12*4526" and a chordbearingofNorth 54*01'O2"West;thencefrom a tangent
bearingofNorth 47.38'18"West,Northwesterlya distanceof 170.56feetalongtheareofsaid
curveand alongsaidproposedrightof way linetoa pointon theNorth lineof saidSoutheast
QuarteroftheNortheastQuartersaidpointalsobeingtheNorth lineofsaidLot2;thenceSouth
89*1829" Easta distanceof226.44feetalongsaidNorth linestothePointofBeginning.
PARCEL 0 (NORTH REMNANT PARCEL):
A portionof Lot 2,Ruby Lake asshown on theplatthereofrecordedinPlatBook 67,Pages42
through48, PublicRecords of Orange County,Floridabeing more particularlydescribedas
follows:
COMMENCE at the Northeastcornerof the SoutheastQuarterof the NortheastQuarterof
Section15,Township 24 South,Range 28 East,Orange County,Florida,saidpointalsobeingtheNortheastcornerofLot2,Ruby Lake asshown on theplatthereofrecordedinPlatBook 67,
Pages42 through48,PublicRecordsofOrange County,Florida;thenceNorth 89"14'15"West a
distanceof 107.95feetalongtheNorth lineof saidSoutheastQuarterof theNortheastQuarteralsobeingtheNorth lineof saidLot 2,tothePOINT OF BEGINNING; thencedepartingsaid
NorthlineSouth 42021'42"West,a distanceof 131.64feettoa pointon theproposedEasterly
rightof way lineof the ProposedPalm Parkway to Apopka - VinelandConnectorRoad, said
pointbeingon a non-tangentcurveconcave Southwesterly,having a radiusof 766.00feet,a
centralangleof 12"45'26"and a chordbearingofNorth 54o01'O2"West;thencefrom a tangent
bearingofNorth 47*3818" West,Northwesterlya distanceof 170.56feetalongtheareof said
curveand alongsaidproposedrightof way linetoa pointon theNorth lineof saidSoutheast
QuarteroftheNortheastQuartersaidpointalsobeingtheNorthlineofsaidLot2;thenceSouth
89014'15"Easta distanceof227.12feetalongsaidNorthlinestothePointofBeginning.
0027034\l24571\4053726v6