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Contract 2023-018AINSTRUMENT#: 2023016888 OR BK 6092 PG 1501 PAGES: 10 2/14/2023 11:54:44 AM GARY J. COONEY, CLERK OF THE CIRCUIT COURT & COMPTROLLER, LAKE COUNTY, FLORIDA REC FEES: $86.50 2023-018A ANNEXATION AND UTILITY SERVICE AGREEMENT FOR WASTEWATER This document constitutes an agreement between the CITY of Clermont, hereby referred to as CITY, a municipality of the State of Florida, and Golden Years Living, LLC, and any successors or assigns, hereby referred to as OWNER. WITNESSETH Whereas, OWNER is requesting service for a 67,000 square foot assisted living development described on Exhibit `A', attached hereto and by this reference made a part hereof; and Whereas, the Property is located in the unincorporated area of Lake County and the OWNER is requesting sewer service from the CITY; and Whereas, as a condition of CITY providing said sewer to the property. Lines and appurtenances must be sized and constructed in accordance with the minimum requirements of CITY Land Development Regulations and to meet the flow demands for the subdivision; and Whereas, as a condition of the provision of sewer service to the Property by the CITY, OWNER agrees that this Agreement shall constitute an unconditional application to annex the Property into the City of Clermont, once the certificate of completion of the building permit is issued by Lake County, if CITY chooses to do so; and Whereas, OWNER and CITY are entering into this Agreement to set forth the terms and conditions under which sewer service shall be extended and sized. NOW THEREFORE, in consideration of the mutual promises and covenants hereinafter contained, the parties do hereby agree as follows: Section 1. SEWER — Each and all of the foregoing premises are incorporated into and constitute a part of this Agreement. 1.1 CITY shall provide sewer service for the Property. 1.2 OWNER shall connect to the existing City system at connection point or points approved by CITY. 1.3 The OWNER shall construct the facilities, lines and appurtenances necessary to serve the development and provide such documentation necessary for the CITY to ascertain that the lines shall meet the minimum line size requirements as specified by the CITY Land Development Regulations. 1.4 In the event the CITY chooses to oversize the lines or appurtenances, the CITY shall provide to the OWNER the specifications regarding sizes to be included in the final improvement plans. 1.5 The OWNER shall be responsible for the construction of all onsite lines and appurtenances to serve the project. No building permits shall be issued until sewer is Page 1 —Golden Years Living LLC — Hampton Manor ALF Annexation & Utility Service Agreement for Wastewater INSTRUMENT# 2023016888 OR BOOK 6092/PAGE 1502 PAGE 2 of 10 provided to the site or until a bond or letter of credit, acceptable to CITY, is in place to guarantee completion of improvements. No Certificate of Occupancy shall be issued until sewer improvements have been completed and accepted by the CITY. 1.6 The OWNER shall be responsible for all costs of onsite improvements, including but not limited to design, material, permitting and installation of sufficient size lines, lift stations and other appurtenances necessary to allow the CITY to serve the Property. 1.7 The existing utilities must stay in service throughout construction. If the construction requires that the utilities be relocated or altered, the OWNER shall prepare plans, permit the project and construct the modifications at the OWNER's expense. 1.8 The OWNER shall be responsible for all costs including design, permitting, materials and construction of the sewer lines and appurtenances, both on site and off site, required to serve the Property. 1.9 The OWNER shall be responsible for all applicable fees including but not limited to impact fees, connection fees and permitting fees. All fees are non-refundable. 1.10 The development being served is shown in Exhibit "C". Major changes as determined by the Clermont Site Review Committee may require an amendment to this Agreement. 1.11 This Agreement shall be voided after five (5) years if building permits have not been issued and building construction has not started. 1.12 The Agreement shall be for 11,700 gpd for sewer based on an annual average. 1.13 It will be the OWNER's responsibility to provide adequate hydraulic modeling to identify that the project can connect to the City's existing utility system or identify any upgrades the developer will need to make to the system to serve the project. The OWNER shall reimburse the City for all expenses the City incurs from its contracted engineering firm for review of the developer's submittals. Section 2. DEVELOPMENT STANDARDS (a) The project shall be developed in accordance with the Hampton Manor Assisted Living Facility Ordinance 2022-34 that was approved by Lake County on August 2, 2022. (b) The CITY agrees to accept the site plan approved by Lake County and the certificate of completion of the building permit. (c) The project shall be developed according to City standards, unless otherwise stipulated in this Agreement or subsequent amendments to this Agreement. Section 3. IMPACT FEES In further consideration of and as a condition precedent to, the City's agreement to the annexation restriction, Owner shall pay to City within ninety (90) days of the effective date of this Agreement applicable City Impact Fees based on the approved Lake County plans for Owner's project. The Page 2 —Golden Years Living LLC — Hampton Manor ALF Annexation & Utility Service Agreement for Wastewater INSTRUMENT# 2023016888 OR BOOK 6092/PAGE 1503 PAGE 3 of 10 payment of impact fees hereunder to the City shall be in addition to any and all impact fees that Lake County may assess related to the development of the property. Section 4. ANNEXATION (a) OWNER agrees that CITY may annex the Property into the City of Clermont upon issuance of certificate of completion by Lake County, if CITY, in its sole discretion, chooses to do so. In conjunction herewith, OWNER shall provide to CITY a Notice of Encumbrance to Annex Property in a form substantially in compliance with the form set forth in Exhibit °B", attached hereto and incorporated herein. The CITY shall record this Notice in the public records of Lake County whereupon it is agreed it shall serve as an enforceable encumbrance on the real property described in Exhibit "A". The Notice of Encumbrance shall be executed by all owners of the real property described in Exhibit "A" and shall be accompanied, at OWNER'S expense, by a current certificate of title or opinion letter acceptable to CITY and issued by a licensed title company or attorney identifying all owners in interest of the real property. All land transfers by OWNER shall contain a deed restriction or covenant noting the existence of this encumbrance to annex, such restriction to be recorded as a covenant to run with the land. (b) As a condition precedent to the City's obligations hereunder, OWNER shall pay to City within ninety (90) days of the effective date of this Agreement the sum of $3,500 to defer the cost to the City to process the annexation petition contemplated herein. Section 5. SEVERABILITY In the event that any provision of this agreement shall be held invalid or unenforceable, the provision shall be deleted from this agreement without affecting in any respect whatsoever the validity of the remainder of this agreement_ Section 6. NOTICES All notices, demands, or other writings required to be given or made or sent in this Agreement, or which may be given or made or sent, by either party to the other, shall be deemed to have been fully given or made or sent when in writing and addressed as follows: CITY City of Clermont City Manager P.O. Box 120219 Clermont, FL 34712-0219 Section7. AMENDMENTS OWNER Golden Years Living LLC 7560 River Road Flushing, MI 48433 Any amendment to this agreement is not effective unless the amendment is in writing and signed by all parties. Page 3 —Golden Years Living LLC — Hampton Manor ALF Annexation 8 Utility Service Agreement for Wastewater INSTRUMENT# 2023016888 OR BOOK 6092/PAGE 1504 PAGE 4 of 10 Section 8. EFFECTIVE DATE The effective date of this agreement shall be the day of execution of the agreement required hereunder. This Agreement shall be valid for no longer than five (5) years. IN WITNESS WHEREOF, the parties hereto have made and executed this Agreement on the date listed below.. CITY through its City Manager, authorized to execute same by City Council action, and OWNER through DATED this I& day of AQknLASa.. 2023. CITY OF CLERMONT Tim Murry, Mayor ATTEST: j l�l l -{ X Tracy Ackroyd Howe, MMC, City Clerk Approved as to form and legality: i- an ns, City Attorney �orl, ' '"r ,CyY�^1,'1 r' ��i�'r�► Page 4 —Golden Years Living LLC — Hampton Manor ALF Annexation & Utility Service Agreement for Wastewater INSTRUMENT# 2023016888 OR BOOK 6092/PAGE 1505 PAGE 5 of 10 OWNER: Golden Title: MaUL(Ai r S NAb I I:- in Print Name STATE OF C41('�i1(j COUNTY OF f tn:r The foregoing instrument was acknowledged before me on this day of 2023, by ` zhnh'k(►""m rCtr� ,who is personally known to e or who has produced ',� (cx� as identification and who did not take an oath. NotaryPublic : QAm SEAL: JENNA zvu i Notary Public • State of Michigan County of St l f M commission ExpireslJful 8, 20 8 Type/print name _ l� r Acting in the County :54 Uf Page 5 -Golden Years Living LLC - Hampton Manor ALF Annexation 8 Utility Service Agreement for Wastewater INSTRUMENT# 2023016888 OR BOOK 6092/PAGE 1506 PAGE 6 of 10 Owner: Golden Years Living LLC Description: AK 1412277 EXHIBIT "A" PROPERTY DESCRIPTION LEGAL DESCRIPTION FROM SW COR OF SW 114 OF SEC 9-23-26 RUN N 0-01-0 E ALONG W LINE OF SW 114 A DIST OF 1010.46 FT TO N LINE OF S 1/2 OF SAID TRACT 56 MONTE VISTA PARK FARMS PB 2 PG 27, THENCE RUN S 89-10-12 E 1570.62 FT FOR POB, RUN S 01-40-07 E 346.70 FT TO A NON -TANGENT CURVE CONCAVE TO THE SW, THENCE RUN SE'LY ALONG SAID CURVE HAVING A CENTRAL ANGLE OF 69-31-01 A RADIUS OF 80 FT, AN ARC LENGTH OF 97.06 FT, A CHORD BEARING OF S 41-34-16 E & A CHORD DIST OF 91.22 FT, THENCE RUN S 06-48-46 E 102.58 FT TO A CURVE CONCAVE TO THE NE, THENCE RUN SE'LY ALONG SAID CURVE HAVING A CENTRAL ANGLE OF 80-14-23, A RADIUS OF 20.04 FT, AN ARC LENGTH OF 28.07 FT, A CHORD BEARING OF S 46-55-22 E & A CHORD DIST OF 25.83 FT TO A COMPOUND CURVE CONCAVE TO THE N, THENCE RUN ETY ALONG SAID CURVE HAVING A CENTRAL ANGLE OF 13-36-16, A RADIUS OF 353 FT, AN ARC LENGTH OF 83.82 FT, A CHORD BEARING OF N 86-09-16 E & A CHORD BEARING OF N 86-09-16 E & A CHORD DIST OF 83.62 FT, THENCE RUN N 79-21-08 E 85.82 FT TO A CURVE CONCAVE TO THE NORTH, THENCE RUN E'LY ALONG SAID CURVE HAVING A CENTRAL ANGLE OF 06-23-50, A RADIUS OF 515.80 FT, AN ARC LENGTH OF 57.59 FT, A CHORD BEARING OF N 75-49-25 E & A CHORD DIST OF 57.56 FT, THENCE RUN N 72-37-30 E 97.93 FT, THENCE RUN N 17-12-43 W 15 FT, THENCE RUN N 72-37-30 E 99.29 FT TO THE W RNV LINE OF SR 25, BEING A NON -TANGENT CURVE CONCAVE TO THE W, THENCE RUN N'LY ALONG SAID CURVE HAVING A CENTRAL ANGLE OF 0-45-01, A RADIUS OF 11380.14 FT, AN ARC LENGTH OF 149.04 FT, A CHORD BEARING OF N 18-0-41 W & A CHORD DIST OF 149.04 FT, THENCE RUN N 18-23-12 W 293.39 FT, N 89-10-12 W 370.44 FT TO POB ORB 2481 PG 913 Page 6 —Golden Years Living LLC — Hampton Manor ALF Annexation & Utility Service Agreement for Wastewater INSTRUMENT# 2023016888 OR BOOK 6092/PAGE 1507 PAGE 7 of 10 EXHIBIT "B" Notice of Encumbrance to Annex to City of Clermont City of Clermont 685 W. Montrose Street Clermont, FL 34712 THIS INSTRUMENT, Made this 10th day of January 2023, between GOLDEN YEARS LIVING LLC, property owners in the County of Lake, State of Florida Grantor*, and the CITY OF CLERMONT, FLORIDA, A Municipal Corporation, Grantee*: WITNESSETH, NOTICE is given that heretofore or contemporaneously herewith Grantor has petitioned the Grantee for it to permit voluntary annexation of Grantor's property below described into the corporate limits of the City of Clermont, and GRANTOR, for and in consideration of the sum of ONE and 00/100 ($1.00) and other good and valuable consideration to Grantor in hand paid by Grantee, the receipt whereof is hereby acknowledged, DOES HEREBY ENCUMBER the below - described real property situate, lying and being in Lake County, Florida with the absolute requirement that the subject real property may be, at the sole discretion, and upon request of Grantee, annexed into the city limits of the City of Clermont at such time that the annexation of said real property is in accordance with applicable law, GRANTOR, further agrees, on his/ hers/theirs/ its own behalf and that of Grantors' heirs and assigns to perform all ministerial functions necessary of the Grantor or Grantor's heirs and/or assigns (as the case may be) then required by law to enable the described real property to be incorporated into the city limits of the City of Clermont and where such ministerial functions consist of a simple written request or the renewal of the petition of which notice is given above, then this instrument shall be considered such request and/or renewal. The subject property is described as: Exhibit "A" Grantor is used for singular or plural, as the context requires. IN WITNESS THEREOF, GRANTOR has hereunto set Grantor's hand and seal the day and year first above written. Page 7 —Golden Years Living LLC — Hampton Manor ALF Annexation 8 Utility Service Agreement for Wastewater INSTRUMENT# 2023016888 OR BOOK 6092/PAGE 1508 PAGE 8 of 10 PROPERTY OWNER(S): Golden Years Livin LLC By: ignatu Sli�h � �c1 r7,�n Type or print name By: Signature Type or print name STATE OF RlChi�Dn COUNTY OF WITNESSES (Two required): Witnesses 1. Signature Type or print name 2. Signature "VI G efC' Type or print name The foregoing instrument was acknowledged before me on this -(d day of 2023, by — -Ah;cl, �itl who is personally known to me or who has produced as identification and who did not take an oath. JENNA ZYLA Notary Public SEAL: Nccnn' Public State of Michigan County of St Clair My Commission Expires Jul 8, 2028 Acting In the County of Type/print name Pursuant to Section 695.29(3)(0: this instrument exempt from Chapter 695, F.S.,; Prepared by a Public Officer, City Attomey, City of Clermont, Florida 34712 Page 8 —Golden Years Living LLC — Hampton Manor ALF Annexation & Utility Service Agreement for Wastewater INSTRUMENT# 2023016888 OR BOOK 6092/PAGE 1509 PAGE 9 of 10 EXHIBIT "C" DIMENSION PLAN Hampton Manor Assisted Living Facility (ALF) - Master Site Plan: •,-, V+' i` ... __.,._.� S ; im/ A ♦ aav� curssti Ma'�rh noier�,�l C y (� � IMd 71K p • ARV —� y - {" tolta All 6. Vil 116. c �xif�i :y iatr \ f FR .•��' •P',R ? .Ii` 1� r,• .. �rf .��•c777S.ii ! ��.' ..�! � 'may• ] ,. � � ` Page 9 —Golden Years Living LLC — Hampton Manor ALF Annexation & Utility Service Agreement for Wastewater INSTRUMENT# 2023016888 OR BOOK 6092/PAGE 1510 PAGE 10 of 10 EXHIBIT "D» LOCATION MAP Page 10 —Golden Years Living LLC — Hampton Manor ALF Annexation & Utility Service Agreement for Wastewater ANNEXATION AND UTILITY SERVICE AGREEMENT FOR WASTEWATER This document constitutes an agreement between the CITY of Clermont, hereby referred to as CITY, a municipality of the State of Florida, and Golden Years Living, LLC, and any successors or assigns, hereby referred to as OWNER. WITNESSETH Whereas, OWNER is requesting service for a 67,000 square foot assisted living development described on Exhibit `A', attached hereto and by this reference made a part hereof; and Whereas, the Property is located in the unincorporated area of Lake County and the OWNER is requesting sewer service from the CITY; and Whereas, as a condition of CITY providing said sewer to the property. Lines and appurtenances must be sized and constructed in accordance with the minimum requirements of CITY Land Development Regulations and to meet the flow demands for the subdivision; and Whereas, as a condition of the provision of sewer service to the Property by the CITY, OWNER agrees that this Agreement shall constitute an unconditional application to annex the Property into the City of Clermont, once the certificate of completion of the building permit is issued by Lake County, if CITY chooses to do so; and Whereas, OWNER and CITY are entering into this Agreement to set forth the terms and conditions under which sewer service shall be extended and sized. NOW THEREFORE, in consideration of the mutual promises and covenants hereinafter contained, the parties do hereby agree as follows: Section 1. SEWER — Each and all of the foregoing premises are incorporated into and constitute a part of this Agreement. 1.1 CITY shall provide sewer service for the Property. 1.2 OWNER shall connect to the existing City system at connection point or points approved by CITY. 1.3 The OWNER shall construct the facilities, lines and appurtenances necessary to serve the development and provide such documentation necessary for the CITY to ascertain that the lines shall meet the minimum line size requirements as specified by the CITY Land Development Regulations. 1.4 In the event the CITY chooses to oversize the lines or appurtenances, the CITY shall provide to the OWNER the specifications regarding sizes to be included in the final improvement plans. 1.5 The OWNER shall be responsible for the construction of all onsite lines and appurtenances to serve the project. No building permits shall be issued until sewer is Page 1 —Golden Years Living LLC — Hampton Manor ALF Annexation & Utility Service Agreement for Wastewater provided to the site or until a bond or letter of credit, acceptable to CITY, is in place to guarantee completion of improvements. No Certificate of Occupancy shall be issued until sewer improvements have been completed and accepted by the CITY. 1.6 The OWNER shall be responsible for all costs of onsite improvements, including but not limited to design, material, permitting and installation of sufficient size lines, lift stations and other appurtenances necessary to allow the CITY to serve the Property. 1.7 The existing utilities must stay in service throughout construction. If the construction requires that the utilities be relocated or altered, the OWNER shall prepare plans, permit the project and construct the modifications at the OWNER's expense. 1.8 The OWNER shall be responsible for all costs including design, permitting, materials and construction of the sewer lines and appurtenances, both on site and off site, required to serve the Property. 1.9 The OWNER shall be responsible for all applicable fees including but not limited to impact fees, connection fees and permitting fees. All fees are non-refundable. 1.10 The development being served is shown in Exhibit "C". Major changes as determined by the Clermont Site Review Committee may require an amendment to this Agreement. 1.11 This Agreement shall be voided after five (5) years if building permits have not been issued and building construction has not started. 1.12 The Agreement shall be for 11,700 gpd for sewer based on an annual average. 1.13 It will be the OWNER's responsibility to provide adequate hydraulic modeling to identify that the project can connect to the City's existing utility system or identify any upgrades the developer will need to make to the system to serve the project. The OWNER shall reimburse the City for all expenses the City incurs from its contracted engineering firm for review of the developer's submittals. Section 2. DEVELOPMENT STANDARDS (a) The project shall be developed in accordance with the Hampton Manor Assisted Living Facility Ordinance 2022-34 that was approved by Lake County on August 2, 2022. (b) The CITY agrees to accept the site plan approved by Lake County and the certificate of completion of the building permit. (c) The project shall be developed according to City standards, unless otherwise stipulated in this Agreement or subsequent amendments to this Agreement. Section 3. IMPACT FEES In further consideration of and as a condition precedent to, the City's agreement to the annexation restriction, Owner shall pay to City within ninety (90) days of the effective date of this Agreement applicable City Impact Fees based on the approved Lake County plans for Owner's project. The Page 2 —Golden Years Living LLC — Hampton Manor ALF Annexation & Utility Service Agreement for Wastewater payment of impact fees hereunder to the City shall be in addition to any and all impact fees that Lake County may assess related to the development of the property. Section 4. ANNEXATION (a) OWNER agrees that CITY may annex the Property into the City of Clermont upon issuance of certificate of completion by Lake County, if CITY, in its sole discretion, chooses to do so. In conjunction herewith, OWNER shall provide to CITY a Notice of Encumbrance to Annex Property in a form substantially in compliance with the form set forth in Exhibit "B", attached hereto and incorporated herein. The CITY shall record this Notice in the public records of Lake County whereupon it is agreed it shall serve as an enforceable encumbrance on the real property described in Exhibit "A". The Notice of Encumbrance shall be executed by all owners of the real property described in Exhibit "A" and shall be accompanied, at OWNER'S expense, by a current certificate of title or opinion letter acceptable to CITY and issued by a licensed title company or attorney identifying all owners in interest of the real property. All land transfers by OWNER shall contain a deed restriction or covenant noting the existence of this encumbrance to annex, such restriction to be recorded as a covenant to run with the land. (b) As a condition precedent to the City's obligations hereunder, OWNER shall pay to City within ninety (90) days of the effective date of this Agreement the sum of $3,500 to defer the cost to the City to process the annexation petition contemplated herein. Section 5. SEVERABILITY In the event that any provision of this agreement shall be held invalid or unenforceable, the provision shall be deleted from this agreement without affecting in any respect whatsoever the validity of the remainder of this agreement. Section 6. NOTICES All notices, demands, or other writings required to be given or made or sent in this Agreement, or which may be given or made or sent, by either party to the other, shall be deemed to have been fully given or made or sent when in writing and addressed as follows: CITY City of Clermont City Manager P.O. Box 120219 Clermont, FL 34712-0219 Section7. AMENDMENTS OWNER Golden Years Living LLC 7560 River Road Flushing, MI 48433 Any amendment to this agreement is not effective unless the amendment is in writing and signed by all parties. Page 3 —Golden Years Living LLC — Hampton Manor ALF Annexation & Utility Service Agreement for Wastewater Section 8. EFFECTIVE DATE The effective date of this agreement shall be the day of execution of the agreement required hereunder. This Agreement shall be valid for no longer than five (5) years. IN WITNESS WHEREOF, the parties hereto have made and executed this Agreement on the date listed below. CITY through its City Manager, authorized to execute same by City Council action, and OWNER through DATED this On day of W) QSS _ , 2023. CITY OF CLERMONT Tim Murry, Mayor ATTEST: - cX Tracy Ackroyd Howe, MMC, City Clerk ,.• Page 4 —Golden Years Living LLC — Hampton Manor ALF Annexation & Utility Service Agreement for Wastewater OWNER: Title: MM S i\a ,1 e Fvv% l(� V,) Print Name STATE OF WiNDU COUNTY OF 5j((gir The foregoing instrument was acknowledged before me on this day of �Vuoc 2023, by , who is personally known to e or who has produced as identification and who did not take an oath. Notary Public :Siam —Lu [a SEAL: JENNAZYLA Notary Public . State of Michigan County of St Clair Type/print name My Commission Expires Jul 8, 2028 Acting in the County of Page 5 —Golden Years Living LLC — Hampton Manor ALF Annexation & Utility Service Agreement for Wastewater Owner: Golden Years Living LLC Description: AK 1412277 EXHIBIT "A" PROPERTY DESCRIPTION LEGAL DESCRIPTION FROM SW COR OF SW 1/4 OF SEC 9-23-26 RUN N 0-01-0 E ALONG W LINE OF SW 1/4 A DIST OF 1010.46 FT TO N LINE OF S 1/2 OF SAID TRACT 56 MONTE VISTA PARK FARMS PB 2 PG 27, THENCE RUN S 89-10-12 E 1570.62 FT FOR POB, RUN S 01-40-07 E 346.70 FT TO A NON -TANGENT CURVE CONCAVE TO THE SW, THENCE RUN SE'LY ALONG SAID CURVE HAVING A CENTRAL ANGLE OF 69-31-01 A RADIUS OF 80 FT, AN ARC LENGTH OF 97.06 FT, A CHORD BEARING OF S 41-34-16 E & A CHORD DIST OF 91.22 FT, THENCE RUN S 06-48-46 E 102.58 FT TO A CURVE CONCAVE TO THE NE, THENCE RUN SE'LY ALONG SAID CURVE HAVING A CENTRAL ANGLE OF 80-14-23, A RADIUS OF 20.04 FT, AN ARC LENGTH OF 28.07 FT, A CHORD BEARING OF S 46-55-22 E & A CHORD DIST OF 25.83 FT TO A COMPOUND CURVE CONCAVE TO THE N, THENCE RUN E'LY ALONG SAID CURVE HAVING A CENTRAL ANGLE OF 13-36-16, A RADIUS OF 353 FT, AN ARC LENGTH OF 83.82 FT, A CHORD BEARING OF N 86-09-16 E & A CHORD BEARING OF N 86-09-16 E & A CHORD DIST OF 83.62 FT, THENCE RUN N 79-21-08 E 85.82 FT TO A CURVE CONCAVE TO THE NORTH, THENCE RUN E'LY ALONG SAID CURVE HAVING A CENTRAL ANGLE OF 06-23-50, A RADIUS OF 515.80 FT, AN ARC LENGTH OF 57.59 FT, A CHORD BEARING OF N 75-49-25 E & A CHORD DIST OF 57.56 FT, THENCE RUN N 72-37-30 E 97.93 FT, THENCE RUN N 17-12-43 W 15 FT, THENCE RUN N 72-37-30 E 99.29 FT TO THE W R/W LINE OF SR 25, BEING A NON -TANGENT CURVE CONCAVE TO THE W, THENCE RUN N'LY ALONG SAID CURVE HAVING A CENTRAL ANGLE OF 0-45-01, A RADIUS OF 11380.14 FT, AN ARC LENGTH OF 149.04 FT, A CHORD BEARING OF N 18-0-41 W & A CHORD DIST OF 149.04 FT, THENCE RUN N 18-23-12 W 293.39 FT, N 89-10-12 W 370.44 FT TO POB ORB 2481 PG 913 Page 6 —Golden Years Living LLC — Hampton Manor ALF Annexation & Utility Service Agreement for Wastewater EXHIBIT "B" Notice of Encumbrance to Annex to City of Clermont City of Clermont 685 W. Montrose Street Clermont, FL 34712 THIS INSTRUMENT, Made this 10th day of January 2023, between GOLDEN YEARS LIVING LLC, property owners in the County of Lake, State of Florida Grantor*, and the CITY OF CLERMONT, FLORIDA, A Municipal Corporation, Grantee*: WITNESSETH, NOTICE is given that heretofore or contemporaneously herewith Grantor has petitioned the Grantee for it to permit voluntary annexation of Grantor's property below described into the corporate limits of the City of Clermont, and GRANTOR, for and in consideration of the sum of ONE and 00/100 ($1.00) and other good and valuable consideration to Grantor in hand paid by Grantee, the receipt whereof is hereby acknowledged, DOES HEREBY ENCUMBER the below - described real property situate, lying and being in Lake County, Florida with the absolute requirement that the subject real property may be, at the sole discretion, and upon request of Grantee, annexed into the city limits of the City of Clermont at such time that the annexation of said real property is in accordance with applicable law, GRANTOR, further agrees, on his/ hers/ theirs/ its own behalf and that of Grantors' heirs and assigns to perform all ministerial functions necessary of the Grantor or Grantor's heirs and/or assigns (as the case may be) then required by law to enable the described real property to be incorporated into the city limits of the City of Clermont and where such ministerial functions consist of a simple written request or the renewal of the petition of which notice is given above, then this instrument shall be considered such request and/or renewal. The subject property is described as: Exhibit "A" Grantor is used for singular or plural, as the context requires. IN WITNESS THEREOF, GRANTOR has hereunto set Grantor's hand and seal the day and year first above written. Page 7 —Golden Years Living LLC — Hampton Manor ALF Annexation & Utility Service Agreement for Wastewater PROPERTY OWNER(S): Golden Years Living LLC Type or print name WITNESSES (Two required): By: 2. Signature Type or print name STATE OF Kl�k VD COUNTY OF 5f . ( la, i(" Witnesses Signature A�l{-� ��rNGwtGiv� Type or print name" Signature 4VI Gee esC1 /VW Type or print name The foregoing instrument was acknowledged before me on this (d day of 2023, by n ahi d i personally known to me or who has produced as identification and who did not take an oath. JENNAZYLA Notary Public SEAL: LActing blic - State of Michigan unty of St Clair sion Expires Jul 8, 20288 County of r Type/ print name T?_f1RCA_ PM who is Pursuant to Section 695.29(3)(0: this instrument exempt from Chapter 695, F.S.,; Prepared by a Public Officer, City Attorney, City of Clermont, Florida 34712 Page 8 —Golden Years Living LLC — Hampton Manor ALF Annexation & Utility Service Agreement for Wastewater v co CD CD O CL (D CD a) r c>� r r n 7 CD X a) O 7 90 c l< cn CD C 0 CD D (o (D cD 3 (D Z3 9• - - - - - - - - - - - - - - - - - - - - - - l� f (D C) EXHIBIT "D" LOCATION MAP Hampton Manor ALF .4F K: M " IITY ;F c LEFMuNT I »� a J '" - 1 � � • . _ 'ca t " ►R�].F. h�: !i {' �',/a 4nWOO..►;I •i /SN. �•'{a Iy'Y i'_�_ ak7f n ,..� �Y.1�'!. I`■`< �.a�yli �� ' a nL � 7a�.:-• � .,.3/�� _' ��, � eft ,i„i1� r" !��`' � �d - `a.:a mil o3R-T . 4t. sl J ; Ycr i•. � � � Y r � WALI­ N. In4<0 d S dki i� n10 I Hr�I I� is .G 3y�t' ,,��,, 4 �'L�y�4eunil•,,,;t 11 �Ot56 r .+,� o�' N v7 .� ISt�.• 1v I • i Oro IF .er tR r .2 August 24 202-1 pointLayer polygonlayer Surroundinq Counties = Ovemde 1 Street Names Override 1 ❑ County Boundary Tax Parcels 1:1s.ow 0 11121 0.26 06 r City Limits M 0 02 44 Q8km ue sslL se+r xcv.so tN KC ss ;a.+4 Kne'CaiRrcm' Page 10 —Golden Years Living LLC — Hampton Manor ALF Annexation & Utility Service Agreement for Wastewater