Loading...
R-98-1037• • CITY OF CLERMONT RESOLUTION No. 1037 • lyg ~I~ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CLERMONT, LAKE COUNTY, FLORIDA GRANTING A CONDITIONAL USE PERMIT TO ALLOW THE CONSTRUCTION OF A 212,839 +/- SQUARE FOOT RETAIL STORE INCLUDING A GARDEN CENTER (WAL-MART SUPERCENTER STORE) IN THE C-2 GENERAL COMMERCIAL DISTRICT AND M-1 LIGHT INDUSTRIAL DISTRICT. WHEREAS, the Planning and Zoning Commission of the City of Clermont, Lake County, Florida at a meeting held November 3, 1998 recommended this Conditional Use Permit to allow the construction of a 212,839 +/_ square foot retail store including a garden center (Wal-mart Supercenter Store) in the C-2 General Commercial District and M-1 Light Industrial District be forwarded to the City Council for their review, to be located on the following parcel: LEGAL DESCRIPTION See Attachment "A" • The City Council deems it advisable in the interest of the general welfare of the City of Clermont, Lake County, Florida to grant this Conditional Use Permit; NOW THEREFORE BE IT RESOLVED by the City Council of the City of Clermont, Lake County, Florida that: SECTION 1. This application for a Conditional Use Permit to allow the construction of a 212,839 +/- square foot retail store including a garden center (Wal-mart Supercenter Store) in the C-2 General Commercial District and M-1 Light Industrial District be granted subject to the following conditions: Section 1 -General Conditions The Conceptual Site Plan (WAL-MART SUPERCENTER, STORE No. 2695.00), cover page indicated as August, 1998, prepared by Conklin, Porter & Holmes Engineers, Inc., shall serve as the approved conceptual plan for future development. 2 This Resolution shall inure to the benefit of, and shall constitute a covenant running with the land and the terms, conditions, and provisions hereof, and shall be binding upon the present owner and any successor in title or interest, and shall be subject to each and every condition herein set out. • • • CITY OF CLERMONT RESOLUTION No. 1037 Page-2- Upon approval of the this resolution the aforementioned property shall only be used for the purposes described herein. No further expansion of the use or additions to this project shall be permitted except as approved by another Conditional Use Permit. Any other proposed use shall be specifically authorized by amendment and approval of the City of Clermont City Council. 4 Construction and operation of the proposed use shall at all times comply with the regulations of this and other governmental agencies. 5 No person, firm, corporation or entity shall erect, construct, enlarge, alter, repair, remove, improve, move, convert, or demolish any building or structure, or alter the land in any manner within the boundary of the project without first submitting necessary plans, obtaining necessary approvals, and obtaining necessary permits in accordance with the • City of Clermont Land Development Regulations and those of other appropriate jurisdictional entities. 6. Prior to the issuance of any permits, the applicant shall be required to submit formal site plans for review and approval by the City of Clermont Site Review Committee. The site plans shall meet all submittal requirements and comply with the conditions of this Resolution, applicable City Codes, Regulations, Ordinances, and provide compliance with the adopted City Comprehensive Plan, as amended. 7. The property shall be developed in substantial accordance with an approved site plan and Operation/Reclamation Plan incorporating all conditions of this Conditional Use Permit. Said plans shall be submitted for review and approval of the Site Review Committee prior to authorization and issuance of a development permit. All ~plicable rules and regulations shall be met, including but not limited to, final site plan approval, landscaping, drainage, parking and sign regulations, and all yard setbacks. All required landscaping shall be served with a permanent irrigation system including back flow prevention device and rain sensor equipment. All such appurtenances shall be properly maintained. The drainage and stormwater retention requirements of the City and the appropriate regulatory agencies shall be met, and approved by the City Engineer. All such areas shall be properly maintained. • 9. Performance bonding shall be required for all public infrastructure (transportation, potable water, and waste water systems) and reclamation improvements, including on-site and off- site locations, evidencing impact by the proposed development. An estimate of costs shall • • CITY OF CLERMONT RESOLUTION No. 1037 Page - 3 - be prepared, certified and submitted by the Engineer of record and approved by the City Engineer. The City shall then determine the bond amount in accordance with adopted City Code regulations. 10. All inspection costs will be borne by the applicant. This shall include final inspection and ongoing random inspections for compliance with Conditional Use Permits conditions. 11. If any of the stated conditions are violated, the applicant understands and agrees that the City Council may revoke this Conditional Use Permit by resolution. 12. This permit shall become null and void if substantial construction work has not begun within one (1) year of the date of issuance of this Conditional Use Permit. "Substantial construction work" means the commencement and continuous prosecution of construction • of required improvements ultimately finalized at completion Section 2 -Land Use The Conditional Use Permit for the Wal-mart Supercenter shall mean and include the total of the following land uses: Square Footage and Tvpe of Development The proposed development may contain up to a total of 212,839 square feet of commercial development on 28.38+/- acres of land. The Supercenter shall be permitted 187,589 square feet of enclosed commercial area, and 25,250 square feet of garden center related space as indicated on the conceptual site plan. A maximum of two (2) out parcels shall be allowed at the locations indicated on the conceptual site plan. 2. Building Setbacks and Building Height All buildings, including out parcel structures, shall maintain a minimum of 50' setback from State rights-of--way, 25' setback from City and County rights-of--way, and 25' setback from adjacent properties. Physical setbacks for the Supercenter structure shall be provided as indicated on Sheet C-6 of the conceptual site plan. • The maximum building height shall be 35 feet. • • • CITY OF CLERMONT RESOLUTION No. 1037 Page-4- 3. Parkin Parking shall be provided as required by the City of Clermont Land Development Regulations for each individual land use, as the project is developed. Section 3 -Transportation Improvements Sidewalks shall be required along all public road frontages, the length of the subject property, in accordance with adopted City Codes. Construction shall be provided in accordance with adopted City and Florida Department of Transportation Standards. 2. The permittee/developer shall provide off-street parking and loading spaces as required by City Code. All said required parking and vehicular use areas shall be landscaped in conformance with adopted City Code. Parking for the outparcels shall be provided on-site and consistent with the final approved uses for each parcel individually. • 3. The permittee/developer shall construct an internal traffic connection link that provides direct transportation access between outparcel No. 1 and the Racetrac property as indicated on the conceptual site plan. Said connection shall be situated on the west end of the Racetrac site. 4. Formal roadway improvement plans for US Highway 27, State Road 50, SR 50 and US 27 interchange improvements, Grand Highway, Hook Street, and the project site, including but not limited to, access drives, acceUdecel lanes, access management islands, turn lanes, traffic signalization devices, signalization timing modifications/improvements, and internal signage and traffic movement lanes shall be submitted to and approved, appropriately, by the City Site Review Committee, the Florida Department of Transportation and Lake County prior to commencement of any development activity for any portion of the project. At such time as signalization is determined warranted and necessary on Highway 50 and/or Grand Highway the permittee/developer shall pay a pro rata share of improvement costs based on traffic counts. Project specific on-site/off-site transportation improvements consistent with identified project impacts will be the sole responsibility of the developer. 5. The permittee shall dedicate right-of--way the length of Hook Street to attain an eighty feet (80) wide right-of--way. 6. A project outparcel use whose anticipated trip generation, circulation patterns, or other • such factors that warrant a more extensive review of traffic impacts than those addressed • • r ~ U CITY OF CLERMONT RESOLUTION No. 1037 Page-S- in the existing transportation study shall be cause to require Wal-mart to provide a new and updated traffic analysis. Performance of the updated traffic analysis shall be contingent upon formal notification by the City. 7. Ingress/egress to the site for construction shall be as approved by the City Engineer. No direct ingress or egress of machinery or trucks shall be allowed from Highway 50 or US 27. 8. A Florida Department of Transportation (FDOT) permit will be required and filed with the City for any activity proposed to occur along US Highway 27 or State Road 50 rights-of- way prior to issuance of development approval or permitting by the City. A Lake County permit will be required and filed with the City for any activity proposed to occur along Hook Street or other County jurisdictional roadways prior to issuance of development approval or permitting by the City. . 9. The applicant will be required to maintain swales and/or other acceptable erosion protection devices along US Highway 27, State Road 50, Grand Highway, Hook Street SR 50, and/or other roadways (temporary or permanent) which are utilized for construction of the project and property. Said improvements will be approved and inspected by the City Engineer, Lake County, and the Florida Department of Transportation, appropriately, prior to any development activity being conducted. Section 4 -Stormwater Management Permeability tests must be submitted as part of the site plan review process. Permeability shall be maintained. 2. Verification of the Stormwater run-off data, assumptions, and calculations shall be provided and approved by the City Engineer and other applicable jurisdictional agencies prior to any development activity. A St. John's River Water Management District Stormwater permit shall be required and filed with the City prior to receipt of a building permit or any development activity on the site. 4. Final disposition of stormwater outfall shall be as approved by the City Engineer. • • r1 U CITY OF CLERMONT RESOLUTION No. 1037 Page-6- Stormwater retention areas shall be constructed at a maximum relief 3:1 (H: V). The side slopes shall be sodded. All other areas being disturbed shall be stabilized with landscape and sod in accordance with adopted City Code. 6. Final disposition of stormwater outfall shall be as approved by the City Engineer. Section 5 -Excavation and Grading/Operation Plans The applicant shall submit a detailed excavation, grading and erosion control plan for the entire site during the site plan review process which must be approved by the City Site Review Committee prior to initiation of development activity.. 2. All excavated material shall be stored in a location approved by the City Engineer. 3. Geotechnical information regarding the soil characteristics of the site shall be submitted to the City as part of the Site Review process. 4, The permittee/developers shall provide both temporary and permanent grassing including fertilizer application on all out parcel and disturbed areas, where construction is not immediately intended. Said plan shall be provided in accordance with an approved ground cover plan acceptable to the City in accordance with best management practices (BMP) of the U.S.D.A. Soil Conservation Service. The out-parcels located on the site shall be hydro-seeded and supplied with a constant source of irrigation that will ensure stabilization of each out parcel until actual construction occurs. In areas where substantial earth work requires filling/compaction, density tests will be conducted at a maximum of 2 foot intervals in order to prove compaction requirements. All disturbed soils shall be compacted to 95% density of modified proctor. 6. A dust abatement plan shall be submitted to the City detailing measures to be taken in eliminating the migration of dust particles from the site. The plan must specifically outline those measures recommended by the United States Department of Agriculture Soil Conservation Service and the Florida Department of Environmental Protection (FDEP). 7. All areas being modified to a slope of three (3) horizontal to one (1) vertical (3 :1), such as water retention areas, shall be sodded. Slopes greater than 3:1 shall be prohibited. • ~ • • CITY OF CLERMONT RESOLUTION No. 1037 Page-7- 8. Noise levels shall not exceed those recommended by the Florida Department of Environmental Protection (FDEP). All vibratory compaction shall be limited to the hours of 8:00 A.M. to 6:00 P.M. Monday thru Saturday, only. Vibrations shall be limited to avoid any damages to neighboring persons or properties. Heavy equipment and normal work operations will be allowed on the site between the hours of 7:00 A.M. and 7:00 P.M. Monday thru Saturday. Heavy equipment maintenance operations and\or heavy machinery engines will not be started earlier than 7:00 A.M. on approved work days. Section 6 -Site Improvements/Landscaping All signage shall conform to adopted City Codes and Standards. 2. Buffering and screening shall be required in accordance with adopted City Codes. All buffering and screening shall be provided in conformance with the site and landscaping plan approved by the City Site Review Committee. All required landscaping must be served with a permanent irrigation system, backflow prevention device, and rain sensor gauge. The system and all dependant devices shall be properly maintained. 3. All dumpster and other external equipment sites shall be enclosed with masonry structures with wooden gates. All such structures and appurtenances shall be landscaped in accordance with City code and plans approved by the City Site Review Committee. 4. A site lighting plan shall be submitted and approved that shall ensure all lighting is directed upon the site and does not adversely impact abutting properties. Architectural finish, building, and landscape design plans for the commercial center shall be submitted and approved by the Site Review Committee prior to any development activity to ensure aesthetic and public safety considerations are not adversely impacted. All sides of the supercenter shall receive the identical architectural finish consideration due to roadway exposure from all four directions. 6. Commercial display of commodities for sale shall be located within a completely enclosed building and conform to City regulations for storage, screening, and location criteria for placement adjacent to the tenant structure, unless an open air sales permit has been received and approved by the City. 7. Design of the supercenter shall ensure there shall be no form of mechanical, electrical or • other equipment exposure to the public view. • CITY OF CLERMONT RESOLUTION No. 1037 Page - 8 - • All loading zones shall be completely buffered from adjacent properties and streets. DONE AND RESOLVED BY THE CITY COUNCIL OF THE CITY OF CLERMONT, LAKE COUNTY, FLORIDA THIS 8"' DAY OF DECEMBER, 1998. HAROLD S. TURVILLE, JR., Mayor • ATTEST: JOSEPH E. VAN ZILE, City Clerk a Resolution No. 1037 • Attachment "A" ALL THAT CERTAIN PIECE PARCEL OR TRACT OF LAND SITUATE LYING AND BEING . IN A PORTION OF SECTIONS 29 AND 30, TOWNSHIP 22 SOUTH, RANGE 26 EAST OF TALLAHASSEE BASE MERIDIAN, A PORTION OF SAID LANDS COMPRISING ALL OF TRACT 25 AND A PORTION OF TRACT 24, LAKE HIGHLANDS COMPANY SUBDIVISION AS RECORDED IN PLAT BOOK 2, PAGE 25, PUBLIC RECORDS OF LAKE COUNTY, FLORIDA. ALL OF WHICH IS MORE PARTICULARLY BOUNDED AND DESCRIBED AS FOLLOWS, TO- WI T; EAST PARCEL: COMMENCING FOR REFERENCE AT THE WEST ONE QUARTER CORNER OF SAID SECTION 29, TOWNSHIP 22 SOUTH; RANGE 26 EAST; THENCE, BEARING NORTH ZERO DEGREES THIRTY MINUTES TWENTY SECONDS EAST (N 00'30'20" E), ALONG THE WEST LINE OF SAID SECTION 29 AND THE CENTERLINE OF GRAND HIGHWAY (60' RIGHT-OF-WAY), A DISTANCE OF FlFTEEN AND FlFTY-SEVEN HUNDREDTHS FEET (15.57') TO A POINT; THENCE, LEAVING SAID SECTION LINE, BEARING SOUTH EIGHTY-NINE DEGREES FORTY-TWO MINUTES SEVEN SECONDS EAST (S 89'42'07' E), PARALLEL TO THE SOUTH LINE OF THE NORTHWEST ONE QUARTER OF SAID SECTION 19, A DISTANCE OF THIRTY FEET (30') TO THE POINT AND PLACE OF BEGINNING OF THE HEREIN DESCRIBED PARCEL; THENCE, BEARING NORTH ZERO DEGREES THIRTY MINUTES TWENTY SECONDS.EAST (N 00'30'20" E), ALONG THE EASTERLY RIGHT-OF-WAY LINE OF GRAND HIGHWAY, A DISTANCE OF NINE HUNDRED FlFTY-FOUR AND TWENTY-FlVE HUNDREDTHS FEET (954.25') TO A POINT; THENCE. LEAVING SAID RIGHT-OF-WAY LINE, BEARING SOUTH EIGHTY-NINE DEGREES TWENTY-FIVE MINUTES TWENTY-THREE SECONDS EAST (S 89'25'23" E), A DISTANCE OF THREE HUNDRED AND ZERO SIX HUNDREDTHS FEET (300.06') TO A • POINT ON THE -EAST LINE OF THE WEST ONE HALF OF TRACT 24, LAKE HIGHLANDS COMPANY SUBDIVISION; THENCE, BEARING NORTH ZERO DEGREES TWENTY-EIGHT MINUTES TWENTY-SEVEN SECONDS EAST (N 00'28'27" E), ALONG SAID EAST LINE, A DISTANCE OF THIRTY- ONE AND SIXTY-ONE HUNDREDTHS FEET (31.61') TO A POINT; THENCE, BEARING SOUTH EIGHTY-NINE DEGREES THIRTY-THREE MINUTES TWENTY- FlVE SECONDS EAST (S 89'33'25" E), A DISTANCE OF ONE HUNDRED FlFTY AND TWENTY-FOUR HUNDREDTHS FEET (150.24') TO A POINT; THENCE, BEARING SOUTH ZERO DEGREES TWENTY-EIGHT MINUTES SEVENTEEN SECONDS WEST (S 00'28'17" W), A DISTANCE OF SIXTY-FlVE AND NINETY-SIX HUNDREDTHS FEET (65.96') TO A POINT; THENCE, BEARING SOUTH EIGHTY-NINE DEGREES FORTY-SIX MINUTES SIX SECONDS EAST (S 89'46'06" E), A DISTANCE OF ONE HUNDRED EIGHTY AND ZERO EIGHT HUNDREDTHS FEET (180.08') TO A POINT ON THE EAST LINE OF TRACT 24. LAKE HIGHLANDS COMPANY SUBDIVISION; THENCE, BEARING SOUTH ZERO DEGREES TWENTY-SIX MINUTES FlFTY-TWO SECONDS WEST (S 00'26'52" W), ALONG THE EAST LINE OF SAID TRACT 24 AND TRACT 25, A DISTANCE OF NINE HUNDRED FlVE AND EIGHTY-EIGHT HUNDREDTHS FEET (905.88') TO A POINT ON THE OCCUPIED NORTHERLY RIGHT-OF-WAY LINE OF HOOK STREET; THENCE, BEARING SOUTH EIGHTY-NINE DEGREES TEN MINUTES TWENTY-EIGHT SECONDS WEST (S 89'10'28" W), ALONG SAID OCCUPIED RIGHT-OF-WAY LINE A DISTANCE OF SIX HUNDRED THIRTY-ONE AND FORTY-EIGHT HUNDREDTHS FEET (631.48') TO THE POINT AND PLACE OF BEGINNING. r1 LJ i • WEST PARCEL: • COMMENCING FOR REFERENCE AT THE EAST ONE QUARTER CORNER OF SAID SECTION 30, TOWNSHIP 22 SOUTH, RANGE 26 EAST; THENCE, BEARING NORTH ZERO DEGREES THIRTY MINUTES TWENTY SECONDS EAST (N 00"30'20" E), ALONG THE EAST LINE OF SAID SECTION 30, AND THE CENTERLINE OF GRAND HIGHWAY (60' RIGHT-OF-WAY), A DISTANCE OF THIRTY AND ZERO HUNDREDTHS FEET (30.00') TO A POINT; THENCE, LEAVING SAID SEC11ON LINE, BEARING NORTH EIGHTY-NINE DEGREES THIRTY-FOUR MINUTES FORTY-NINE SECONDS WEST (N 89'34'49" W), A DISTANCE OF THIRTY FEET (30') TO THE POINT AND PLACE OF BEGINNING OF THE HEREIN DESCRIBED PARCEL; THENCE, BEARING NORTH EIGHTY-NINE DEGREES THIRTY-FOUR MINUTES FORTY- NINE SECONDS WEST (N 89'34'49" W), ALONG THE NORTHERLY RIGHT-OF-WAY LINE OF HOOK STREET, A DISTANCE OF FOUR HUNDRED FORTY-EIGHT AND THIRTY- ONE HUNDREDTHS FEET (448.31') TO A POINT ON THE EASTERLY LIMITED ACCESS RIGHT-OF-WAY LINE OF STATE ROAD N0. 25 (U. S. HIGHWAY 27); THENCE, BEARING NORTH TWELVE DEGREES FORTY-ONE MINUTES FIFTY-THREE SECONDS WEST (N 12'41'53" W), ALONG THE EASTERLY LIMITED ACCESS RIGHT-OF-WAY LINE OF STATE ROAD N0. 25, A DISTANCE OF FOUR HUNDRED SEVENTY-THREE AND SEVENTY-NINE HUNDREDTHS FEET (473.79') TO A POINT; THENCE, CONTINUING ALONG SAID EASTERLY LIMITED ACCESS RIGHT-OF-WAY LINE, BEARING NORTH THREE DEGREES ONE MINUTE SIX SECONDS EAST (N 03'01'06" E), A DISTANCE OF TWO HUNDRED NINETY-NINE AND THIRTY-FOUR HUNDREDTHS FEET (299.34') TO A POINT; THENCE, CONTINUING ALONG SAID LINE, BEARING NORTH TEN DEGREES FORTY- THREE MINUTES SIXTEEN SECONDS EAST (N 10'43'16" E), A DISTANCE OF FOUR HUNDRED SIXTY-ONE AND EIGHTEEN HUNDREDTHS FEET (461.18') TO A POINT; THENCE, CONTINUING ALONG SAID LINE, BEARING NORTH TWENTY-FOUR DEGREES TEN MINUTES NINETEEN SECONDS EAST (N 24'10'19" E), A DISTANCE OF ONE HUNDRED FIFTEEN AND THIRTY-SEVEN HUNDREDTHS FEET (115.37') TO A POINT; THENCE, CONTINUING ALONG SAID LINE, BEARING NORTH SIXTY DEGREES EIGHT MINUTES FIFTY-FIVE SECONDS EAST (N 60'08'55" E), A DISTANCE OF ONE HUNDRED SIXTEEN AND SIXTY HUNDREDTHS FEET (116.60') TO A POINT ON THE SOUTHERLY RIGHT-OF-WAY LINE OF STATE ROAD N0. 50; THENCE, ALONG SAID SOUTHERLY RIGHT-OF-WAY LINE OF STATE ROAD N0. 50, ALONG ANON-TANGENT CURVE CONCAVE NORTHERLY HAVING A RADIUS OF EIGHT THOUSAND SIX HUNDRED SIXTY-NINE AND THIRTY-SEVEN HUNDREDTHS FEET (8669.37'), A CENTRAL ANGLE OF ZERO DEGREES FORTY-THREE MINUTES THREE SECONDS (00'43'03"), AN ARC LENGTH OF ONE HUNDRED EIGHT AND FIFTY-EIGHT HUNDREDTHS FEET (108.58'), A CHORD BEARING AND DISTANCE OF SOUTH SEVENTY- NINE DEGREES FIFTY-ONE MINUTES SEVENTEEN SECONDS EAST (S 79'51'17"E), ONE HUNDRED EIGHT AND FIFTY-EIGHT HUNDREDTHS FEET (108.58') TO A POINT OF NON-TANGENCY; THENCE, LEAVING SAID SOUTHERLY RIGHT-OF-WAY LINE, BEARING SOUTH ZERO DEGREES THIRTY MINUTES TWENTY SECONDS WEST (S 00'30'20" W), A DISTANCE OF TWO HUNDRED TEN AND ZERO HUNDREDTHS FEET (210.00') TO A POINT; THENCE, BEARING SOUTH EIGHTY-ONE DEGREES THREE MINUTES SIX SECONDS EAST (S 81'03'06" E), A DISTANCE OF TWO HUNDRED NINE AND NINETY-TWO HUNDREDTHS FEET (209.92') TO A POINT ON THE WESTERLY RIGHT-OF-WAY LINE OF GRAND HIGHWAY; THENCE, BEARING SOUTH ZERO DEGREES THIRTY MINUTES TWENTY SECONDS WEST (S 00'30'20" W), ALONG SAID WESTERLY RIGHT-OF-WAY LINE, A DISTANCE OF ONE THOUSAND ONE HUNDRED NINETEEN AND ELEVEN HUNDREDTHS FEET (1119.11') TO THE POINT AND PLACE OF BEGINNING. • TOGETHER WITH: • ALL THAT CERTAIN PIECE PARCEL OR TRACT OF LAND SITUATE LYING AND BEING IN SECTION 29, TOWNSHIP 22 SOUTH, RANGE 26 EAST OF TALLAHASSEE BASE MERIDIAN, AND BEING A POR110N OF TRACT 38B AND ALL OF TRACT 39, LAKE HIGHLANDS COMPANY SUBDIVISION AS RECORDED IN PLAT BOOK 2, PAGE 25, PUBLIC RECORDS OF LAKE COUNTY, FLORIDA. ALL OF WHICH IS MORE PARTICULARLY BOUNDED AND DESCRIBED AS FOLLOWS, TO-WIT; COMMENCING FOR REFERENCE AT THE WEST 1/4 CORNER OF SAID SECTION 29, TOWNSHIP 22 SOUTH, RANGE 26 EAST; THENCE, BEARING SOUTH EIGHTY-EIGHT DEGREES TWENTY-SIX MINUTES FORTY- EIGHT SECONDS EAST (S 88' 26' 48" E), ALONG THE NORTH LINE OF THE SOUTHWEST 1 /4 OF SAID SECTION 29, A DISTANCE OF EIGHT HUNDRED THIRTY-THREE AND FIFTY-ONE HUNDREDTHS FEET (833.51') TO A POINT; THENCE, LEAVING SAID NORTH LINE, BEARING SOUTH ZERO ONE DEGREE THIRTY- THREE MINUTES TWELVE SECONDS WEST (S 01' 33' 12" W), A DISTANCE OF FlFTEEN AND ZERO HUNDREDTHS FEET (15.00') TO A POINT AT THE INTERSECTION OF THE SOUTHERLY RIGHT-OF-WAY LINE OF HOOK STREET (30' RIGHT-OF-WAY) AND THE NORTHEASTERLY MAINTAINED RIGHT-OF-WAY LINE OF LAKE WILMA DRIVE, SAID POINT BEING THE POINT AND PLACE OF BEGINNING OF THE HEREIN DESCRIBED PARCEL; THENCE, BEARING SOUTH EIGHTY-EIGHT DEGREES TWENTY-SIX MINUTES FORTY- EIGHT SECONDS EAST (S 88' 26' 48" E), ALONG THE SOUTHERLY RIGHT-OF-WAY LINE OF HOOK STREET AND THE NORTH LINE OF TRACT 39 AND 38B, OF SAID LAKE HIGHLANDS COMPANY SUBDIVISION, A DISTANCE OF SIX HUNDRED FIFTY AND ZERO HUNDREDTHS FEET (650.00') TO A POINT; THENCE, LEAVING SAID SOUTHERLY RIGHT-OF-WAY LINE OF HOOK STREET AND THE NORTH LINE OF TRACT 38B, BEARING SOUTH ZERO DEGREES ELEVEN MINUTES FIFTY- • THREE SECONDS WEST (S 00' 11' 53" W), ALONG A LINE ONE HUNDRED SEVENTY AND FIFTY-ONE HUNDREDTHS FEET (170.51') WEST OF AND PARALLEL WITH THE EAST LINE OF SAID TRACT 386, A DISTANCE OF SIX HUNDRED SIXTY AND TWENTY HUNDREDTHS FEET (660.20') TO A POINT ON THE NORTHEASTERLY MAINTAINED RIGHT-OF-WAY LINE OF LAKE WILMA DRIVE; THENCE, ALONG SAID NORTHEASTERLY MAINTAINED RIGHT-OF-WAY LINE OF LAKE WILMA DRIVE THE FOLLOWING 12 COURSES; THENCE, BEARING NORTH SEVENTY-FIVE DEGREES EIGHTEEN MINUTES THIRTY-SEVEN SECONDS WEST (N 75' 18' 37" W), A DISTANCE OF TWELVE AND NINETY HUNDREDTHS FEET (12.90') TO A POINT; THENCE, BEARING NORTH SIXTY-THREE DEGREES SEVENTEEN MINUTES FOURTEEN SECONDS WEST (N 63' 17' 14" W), A DISTANCE OF FORTY-ONE AND SIX HUNDREDTHS FEET (41.06') TO A POINT; THENCE, BEARING NORTH FORTY-FIVE DEGREES TWENTY-ONE MINUTES FIFTY SECONDS WEST (N 45' 21' S0" W), A DISTANCE OF ONE HUNDRED EIGHTY-SIX AND FORTY-SEVEN HUNDREDTHS FEET (186.47') TO A POINT; THENCE, BEARING NORTH FORTY DEGREES FIFTY-NINE MINUTES FORTY-SEVEN SECONDS WEST (N 40' S9' 47" W), A DISTANCE OF ONE HUNDRED THIRTY-ONE AND FIFTY-FOUR HUNDREDTHS FEET (131.54') TO A POINT; THENCE, BEARING NORTH THIRTY-SIX DEGREES TWENTY-EIGHT MINUTES TWENTY- TWO SECONDS WEST (N 36' 28' 22" W), A DISTANCE OF ONE HUNDRED FORTY-TWO AND EIGHTEEN HUNDREDTHS FEET (142.18') TO A POINT; THENCE, BEARING NORTH THIRTY-SIX DEGREES THIRTY-SEVEN MINUTES FIVE SECONDS WEST (N 36' 37' 05" W), A DISTANCE OF EIGHTY-NINE AND EIGHTY- • SEVEN HUNDREDTHS FEET (89.87') TO A POINT; 1 • THENCE, BEARING NORTH THIRTY-EIGHT DEGREES FIFTY-TWO MINUTES ONE SECOND WEST (N 38' S2' 01" W), A DISTANCE OF FORTY-SEVEN AND THIRTY HUNDREDTHS FEET (47.30') TO A POINT; THENCE BEARING NORTH FORTY-ONE DEGREES FORTY-SEVEN MINUTES FIVE SECONDS WEST (N 41' 47' 05" W), A DISTANCE OF FORTY-NINE AND THIRTY-SIX HUNDREDTHS FEET (49.36') TO A POINT; THENCE, BEARING NORTH FORTY-FOUR DEGREES TWENTY-THREE MINUTES THREE SECONDS WEST (N 44' 23' 03" W), A DISTANCE OF FORTY-SEVEN AND FORTY-EIGHT HUNDREDTHS FEET (47.48') TO A POINT; THENCE, BEARING NORTH FORTY-SEVEN DEGREES FIFTY-NINE MINUTES TWENTY- FIVE SECONDS WEST (N 47' S9' 25" W), A DISTANCE OF THIRTY-EIGHT AND EIGHTY- NINE HUNDREDTHS FEET (38.89') TO A POINT; THENCE, BEARING NORTH FORTY-NINE DEGREES SEVEN MINUTES THREE SECONDS WEST (N 49' 07' 03" W), A DISTANCE OF ONE HUNDRED THIRTY-FOUR AND TWENTY-TWO HUNDREDTHS FEET (134.22') TO A POINT; THENCE, BEARING NORTH FORTY DEGREES SIX MINUTES THIRTY-EIGHT SECONDS WEST (N 40' 06' 38" W), A DISTANCE OF TWENTY-THREE AND FORTY HUNDREDTHS FEET (23.40') TO THE POINT OF BEGINNING. THE ABOVE DESCRIBED PREMISES CONTAINS 220,604.2449 SQUARE FEET OR 5.064 ACRES, MORE OR LESS. SUBJECT TO ALL EASEMENTS, CONDITIONS, AND RESTRICTIONS AS CONTAINED WITHIN THE CHAIN OF TITLE. • •