17
APPROVED BY ORANGE DOC# 20170546981 COUNTY BOARD OF COUNTY 10/06/201710:38:06AM Page 1 of 17 COMMISSIONERS Rec Fee: $146.00 Deed Doc Tax: $0.00 BCC Mtg. Date. October 3,2017 D a e : 0 Mortgage Stamp: 0.00 Phil Diamond, Comptroller Orange County, FL IO - Ret To: ORANGE COUNTY GROUTH MANA Ad cum rqa edEs y and returnedto: 53 Lowndes, Drosdick,Doster, Kantor & Reed, P.A. 215 North Eola Drive Orlando, FL 32801 Tax ParcelIdentification Numbers: 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 "Fifth Supplemental Agreement"), effectiveas of the latestdateof execution (the "Effective Date"), ismade and enteredinto by and among-DARYL M. CARTER, not individually but as Trustee under a Floridaland trustknown and designated as "CARTER-ORANGE 105 SAND LAKE LAND TRUST" (the"Trust"), created pursuant to Section 689.071, Florida Statutes, and existing under and by virtueof an unrecorded trust agreement dated effectiveasof April 10, 2008, as the same may have been, and may hereafter be, amended from time to time, whose address is 3333 South Orange Avenue, Suite 200, Orlando, Florida 32806, Attention Daryl M. Carter, Trustee; KERINA, INC., a Delaware corporation, KERINA VILLAGE, LLC, successor by conversion to Kerina Village,Inc., a Florida limited liability company, KERINA WILDWOOD, LLC, successor by conversion to Kerina Wildwood, Inc., a Floridalimited liability company (collectively "Kerina"), whose addressisclo Kathy Keller, 5401 South Kirkman Road, Suite 650, Orlando, Florida 32819; PULTE HOME COMPANY, LLC, a Michigan limited liability company as successor by conversion to Pulte Home Corporation, a Michigan corporation("Pulte"), whose addressis4901 Vineland Road, Suite 500, Orlando, Florida 32811; THE SCHOOL BOARD OF ORANGE COUNTY, FLORIDA, a corporatebody and political subdivisionof the Stateof Florida ("School Board"), whose address is445 West Amelia Street,Orlando, Florida 32801 and ORANGE COUNTY, FLORIDA, a charter county and 0027034\l24571\4053726v6

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Page 1: APPROVED BYORANGE DOC# 20170546981 COUNTYBOARD OF … · APPROVED BYORANGE DOC# 20170546981 COUNTYBOARD OF 10/06/201710:38:06AM Page 1of17 COMMISSIONERS Rec Fee: $146.00 Deed Doc

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

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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

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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

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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

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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

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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]

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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]

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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]

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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]

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"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]

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"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]

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"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]

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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

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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):

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PalmParkwaytoApopka-VinelandConnectorRoad FifthSupplementalAgreementDarylM. Carter,Trustee,Kerina,Inc.,etal.2017

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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

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PalmParkwaytoApopka-VinelandConnectorRoad FifthSupplementalAgreement

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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

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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.

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