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2001-05 ~ . . . ,8 .00 II 00111 CJ 01110 " om II 010 01110 II 001 []I 1m 00 1111I0OI c~ 2œJlOOJlœ3 OOXDJ:! 0 Jl9(l2 IP Aœ: 0100 - 01~ DATE: 05/03/2001 01:17:59 pa JAaES C. ~ATKI~S, CLERK OF COURT LAKE COON rv RECORIIIN8 FI:IS 17.00 TRUST FUND 2. 50 Site Impact Agreement This agreement is entered into this 13th day of March 2001 by and between the following: f City of Clermont, 1 Westgate Plaza, P.O. Box 120219, Clermont, Florida hereinafter referred to as the CITY and- Chester C. Fosgate Co., 908 S. Delaney Avenue, Orlando, Florida, 32806 In an effort to mitigate the impacts of rezoning certain property as described in City of Clermont Miscellaneous Ordinance 413-M and on Exhibit "A" of this Agreement (the "subject property"), the City requires certain site and development related issues be addressed. As a part of the rezoning, Chester C. Fosgate Co. and all successors, lessees, or assigns, agree to the following: To mitigate impacts resulting from development on the subject property, the property owner shall dedicate to the City up to eighty (80) feet of right-of-way and construct the reverse frontage road the length of the subject property. The amount of right-of-way to be dedicated will be based upon the amount dedicated by other property owners along the roadway route. Right-of-way dedication shall be provided prior to any construction or development activity on the site. 1 ~ . . . .8 400 Ojl~2 lJÞ~m moo Physical construction of the reverse frontage road shall commence with 90 days of formal notification by the City. Formal construction plans shall be as approved by the City Site Review Committee. The City will not object to the property owner seeking impact fee credit from Lake County for the design and construction of the frontage road. To allow the City to assess road and infrastructure impacts, development of the property shall be subject to completion of the City's commercial subdivision platting process. Access to the site and cross access between the parcels created as a result of the subdivision process will be addressed during the commercial subdivision platting process. In any case, cross access shall be provided across the subject property from the southern parcel to the northern parcel, regardless of the number of parcels created in the platting process. The agreement is a binding contract, entered into by Chester C. Fosgate Co. and the CITY freely and with consideration, and may be enforced by Chester C. Fosgate Co. or the CITY in any court of competent jurisdiction, or by any other method agreed to by the parties or allowed by law. This agreement shall be a covenant running with the subject property and shall constitute a binding obligation upon Chester C. Fosgate Co. and their successors and assigns. This agreement shall be recorded in the public record of Lake County, Florida at cost to Chester C. Fosgate Co. 2 .. . . . .8 ATTEST: CZST:~ rMfvÞ~ + IDJA~2 IJII~ œœ CITY OF CLERMONT ~.~ 3 ,~ . . , . . . . . .8 . œ ~ 0Jl S'Xl2 1Jb~B œ~ EXHmIT A LEGAL DESCRIPTION Part of tracts 8 thru 9, Plat of Lake Highlands Company as recorded in plat book 2 page 28 of the public records of Lake County, Florida, being more particularly described as follows: Commencing at the northwest comer of said section 28: thence N89 degrees 3! ' 26" E along the northerly line of said section 28, a åistance of 50.00 feet to a point on the easterly right of way line of Citrus Tower Boulevard (Fonnerly Jacks Lake Road - 100 foot right of way}, said point also being on the centerline of a 30 foot platted right of way as shown on said plat of Lake Highlands Company as recorded in Plat Book 2, Page 28 of the public records of Lake County, Florida and said point being the point of beginning; Thence continuing along the northerly line of said section 28 and the centerline of the 30 foot platted right of way, N89 degrees 31' 26" E, a distance of 300.00 feet to a point: thence leaving the northerly line of said section 28 being also the centerline of said 30 foot platted right of way. SO degrees 00' OO"W, a distance of 721.00 feet to a point; thence S89 degrees 46' 32"E along a line parallel to the northerly right of way line of State Road 50 (said line being 132 feet from the centerline of state project number 11 070-2505). A distance of 313.00 to ~ point on the east line of said West Yo of the NW Yo; thence SO degrees OS' 38"W along the east line of said West Yo of the NW Yo, a distance of 358.58 feet to a point on the northerly right of way line of said State Road 50; thence leaving the east line of said West Yo of the NW 1/4, N89 degrees 46"32" W along the northerly right of way line of said State Road 50, a distance of612.40 feet to a point on the easterly right of way line of said Citrus Tower Boulevard; thence leaving the northerly right of way line of said State Road SO, NO degrees 00' OO"E along the easterly right of way line of said Citrus Tower Blvd. 1075.91 feet to the point of beginning. Said parcel contains 9.9997 acres ofland more or less. L XH/B/i 77 P 0 C SKETCH OF DESCRIPTION NORTH LINE - NW 1/1 NW CORNER 6o Bo SECTION 28 7225 R2sE SECTION 28. T22S, R26EL_ pi,AT-��G�OF WAY i _II -- } NORTH 1/1 CORNER NEW3f 2e•E SECTION 28 7225 AM 300 Do (30 RIGHT OF WAY - NOT OPEN) I w g P 0 8 c N89'31 26'E o 311 82 -4--A812 31 28'E ¢ 8000 n m N _ G = Cu n ` O 1 PARCECL 1 S (/ K I TRACT 8 c, m TRACT 7 i©. 11 0 P m a cc I fin Nin O W O L/1 le I PLAT OF LAKE HIGHLANDS COMPANY g (A 1AI U s �p��� 7 _ LEGEND h - P 0 B POINT OF BEGINNING 'L P 0 C POINT OF CONNENCEIENT Y c PLAT BOOK 2. PAGE 5, 28 RW RIGHT of WAY I P1 A K A ALSO KNOWN AS o S89'46'32'E 313 00 1 4 I z TRACT 9 TRACT 10 li 1el xi X F \i CQ•...../ m N89'46'32'W 612 40' :�'_ J >e1 ' aIRN cu illm " STATE ROAD 30 m LEGAL DESCRIPTION -�-T — �� _ PART OF TRACTS 8 AND 9 PLAT OF LAKE HIGHLANDS COMPANY AS • W CENTERLINE STATE ROAD 50 LAKEYIN�TRIDKGEM ALSO PARTT OP�I�cf1/4 OF THE I8(STATE PROJECT NUMBER 11070-2505) NORTHWEST 1/4 OF SECTION 28. /229 R2eE, LAKE COA4TY FLORIOA. BEING MORE PAATICLV.AALY OE9CRI8ED A9 FOLLOrS w'1! COMMENCING AT THE NORTHWEST CORNER OF SAID SECTION 2e; aI THENCE N89 71 26'E ALONG THE NOTHERLY LINE OF SAID SECTION a 28. A DISTANCE OF BO 00 FEET TO A POINT ON THE EASTER.). 'A RIGHT-0F-WAY LINE OF CITRUS TOWER BOULEVARD (PCANERLY JACKS rn LAKE ROAD - 100 FOOT RIGHT-OF-WAY) SAID POINT ALSO BEING ON THE CENTERLINE OF A 30 FOOT PLATTED RIGHT-F-WAY AS SHOWN ON BAIO PLAT OF LAKE HIGHLANDS COIPANY AS RECORDED IN PLAT BOOK THENCE2. PAGE 28 OF THE 1 CONTINUE ALONG PUBLRECORDS NOR C OF LINNE OFtNINE OF AY SECTION I I ANO THE CENTERLINE OF THE 30 FOOT RIGHT-OF-WAY M80'31 28 ED SECTION A DISTANCE OF 300 00 FEET TO THE POINT OF BEGINNINCL THENCE CONTINUING ALONG THE NORTHERLY LINE OF SAID SECTION 28 AHD THE CENTERLINE OF THE 30 FOOT RIGHT-OF-WAY I N89.31.28'E, A DISTANCE OF 311 82 FEET TO A POINT ON TIME AONGLTHE EASTALINEEOF SAID OFWESTE1/4 OFITHEHf/4. AroDISTANCE OF 724 81 FEET TO A POINT, THENCE LEAVING THE EAST LINE OF SAID WEST 1/4 OF THE NW 1/4, 1189'18 32'W A DISTANCE CF 313 00 } FEET TO A POINT THENCE NO0'00 00 E A DISTANCE OF 721 00 WEST 1/4 CORNER FEET TO THE POINT OF BEGINNING SECTION 28. 7228, 826E SAID PARCEL CONTAINS 9 1188 ACRES OF LAND MORE on LESS GRAPHIC SCALE I =200' 0 200 400 600 NOT VALID WITHOUT THE 9IONA7IATE AND THE ORIGINAL RAISED REVISIONS SEAL OF A FLORIDA LICENSED SURVEYOR AHD MAPPER IS NOT A SURVEY /p EA C1 �,1/1 � �Cx FOR DATE OF ORAKIMS 29 NDv 2000 t aY1DING EDGE . CORPORATION WMUGEHL TAX CADD' CJS VLAND SERVICES SURVEYOR'S ,ATION PROJECT NUI®ER ou-99oo 7081 LN(AIO WATIONAL ORIV[ I THOMAS A KONN, FLORIDA LICCMOtD KKAVEYOR ANO FIELD BOOK 14A3Ert SUITE 112 AER 4640 FO 14pW[DY C[RTIPY THAT I /LAV ORLANDO FLORIDA 32819 COMPLIMUII TEETED CHNICAL STHIS Y IN CDIPLIANCE WITH FLORIDA' UST FIELD WNW_ PHONE. (407) 331-6730 ARDS A9 DEFINED H FLORIDA �(4,Co ) ADMINISTRATIVE COOS �// CTEV CHIEF(9) (-N S<1RVE 30(.F�INGEDGELS COMlR CONP(HTER FILE 430015Dt PLD E-MAIL v Y THOMAS A KONN r FLORIOA LICENSED BUSINESS NUNOER LB 0840 PROFESSIONAL SURVEYOR AND MAPPER NUMBER 1840 SCALE I - 200!SHEET 1 OF 1