HomeMy WebLinkAboutBoard of Trustees of the Internal Improvement Trust Fund of the State of Florida Land Exchange Agreement - approved 2017 04 10 (partial) U
Project: CITY OF WINTER SPRINGSBOT EXCHANGE
(Form Revised 08/19/10)
BLA-104
EXCHANGE AGREEMENT
THIS EXCHANGE AGREEMENT("Agreement")is made this day of ,20_,between,CITY
OF WINTER SPRINGS,a Florida municipal corporation("First Party"),whose address is 1126 East State Road 434,
Winter Springs, Florida 32708, and the BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST
FUND OF THE STATE OF FLORIDA("Second Party"or"Trustees"),whose address is 3900 Commonwealth Blvd.,
Mail Station 115,Tallahassee,Florida 32399-3000. Second Party's agent in all matters shall be the Division of State
Lands of the State of Florida Department of Environmental Protection("DSL"). In consideration of the mutual promises
set out below,the parties agree as follows:
1. PROPERTY TO BE EXCHANGED. First Party agrees to convey to Second Party the real property owned by
First Party located in Seminole County,Florida,more fully described in Exhibit A("Parcel One"). Second Party agrees
to convey to First Party the real property owned by Second Party located in Seminole County, Florida, more fully
described in Exhibit B ("Parcel Two") and Exhibit C ("Parcel Three"). Both parcels include all improvements,
easements,appurtenances and hereditaments pertaining to the property.
2.A. VALUATION OF PARCEL ONE. For purposes of the exchange to be effected under this Agreement, the
parties agree to a value for Parcel One of ONE HUNDRED TWENTY-FOUR THOUSAND FIVE HUNDRED AND
NO/100 DOLLARS($124,500.00),subject always to adjustment as follows:If,prior to closing,DSL determines that the
value of Parcel One as agreed to hereinabove exceeds the maximum value of Parcel One as determined in accordance
with Section 253.025,Florida Statutes, or Section 259.041,Florida Statutes,as applicable, ("DSL Approved Value"),
then the parties agree to a value of Parcel One equal to the DSL Approved Value of Parcel One. The value of Parcel One
may be further adjusted under other provisions of this Agreement.
2.13. VALUATION OF PARCEL TWO. For purposes of the exchange to be effected under this Agreement, the
parties agree to a value for Parcel Two of NINETY-SIX THOUSAND AND NO/100 DOLLARS($96,000.00).
2.C. VALUATION OF PARCEL THREE. For purposes of the exchange to be effected under this Agreement,the
parties agree to a value for Parcel Three of FIFTEEN THOUSAND FIVE HUNDRED AND NO/100 DOLLARS
($15,500.00).
2.D. SETTLEMENT,,OF..A.,DIFFERENCE IN VALUE. Settlement of a difference in value between the value of
Parcel One,as adjusted(if any adjustment is made as provided for in paragraph 2.A.,above)and the value of Parcel Two
and Parcel Three as set forth in paragraphs 2.13 and 2C.,above,shall be made in the following manner:
(1). If at closing the value of Parcel One as set forth in paragraph 2.A.,above,as adjusted(if any adjustment
is made),is more than the total value of Parcel Two and Parcel Three as set forth in paragraph 2.13.and 2.C.,above,for
the purposes of the exchange to be effected under this Agreement the value of Parcel One will be reduced to the total
value of Parcel Two and Parcel Three as set forth in paragraph 2.13,and 2C.above,and no monetary consideration shall
be paid by Second Party.
(2). If the value of Parcel One as set forth in paragraph 2.A.,above,as adjusted(if any adjustment is made),
is less than the total value of Parcel Two and Parcel Three as set forth in paragraph 2.13.and 2.C.,above,First Party will
pay to Second Party at closing an amount equal to the difference in the total value of Parcel Two and Parcel Three,as set
out in paragraph 2.13. and 2.C., above,and the value of Parcel One, as set out in paragraph 2.A.,above,as adjusted (if
any adjustment is made)
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3.A. ENVIRONMENTAL SITE AS,S,E,SSENT,„,,,(ESA . First Party shall at Second Party's request and at First
Parry's sole cost and expense and within 45 days of Second Parry's execution of this Agreement furnish to DSL an
environmental site assessment of Parcel One that meets the standards and requirements of DSL. The cost and expense
of the ESA shall be paid by the First Party even if this Agreement does not close. First Party shall use the services of
an environmental consultant currently under contract with the State of Florida Department of Environmental
Protection to determine the existence and extent,if any,of Hazardous Materials on Parcel One. For purposes of this
Agreement"Hazardous Materials"shall mean any hazardous or toxic substance,material or waste of any kind or any
other substance which is regulated by any Environmental Law (as hereinafter defined in paragraph 3.13.). The
environmental site assessment shall be certified to Second Party and the date of certification shall be within 180 days
before the date of closing,unless this 180 day time period is waived by DSL.
3.13. HAZARDOUS MATERIALS. If the environmental site assessment provided for in paragraph 3.A.confirms
the presence of Hazardous Materials on Parcel One,either party,at its.sole option,may elect to terminate this Agreement
and neither party shall have any further obligations under this Agreement. Should neither party elect to terminate this
Agreement, First Party shall, at First Parry's sole cost and expense and prior to closing, promptly commence and
diligently pursue any assessment, clean up and monitoring of Parcel One necessary to bring Parcel One into full
compliance with Environmental Law to DSL's satisfaction, in its sole discretion. "Environmental Law" means all
federal, state and local laws, including statutes, regulations, ordinances, codes, rules,judgments, orders, decrees,
permits, concessions, grants, franchises, licenses, agreements and other governmental restrictions relating to the
protection of the environment or human health, welfare or safety,or to the emission, discharge, seepage,release or
threatened release of any contaminant, chemical, waste, irritant, petroleum product, waste product, radioactive
material, flammable or corrosive substance, explosive, polychlorinated biphenyl, asbestos, hazardous or toxic
substance, material or waste of any kind into the environment, including, without limitation, ambient air, surface
water, ground water,or land including, but not limited to,the Federal Solid Waste Disposal Act,the Federal Clean
Air Act,the Federal Clean Water Act,the Federal Resource and Conservation and Recovery Act of 1976,the Federal
Comprehensive Environmental Response, Compensation and Liability Act of 1980, the Federal Superfund
Amendments and Reauthorization Act of 1986,Chapters 161,253, 373,376 and 403,Florida Statutes,Rules of the
U.S. Environmental Protection Agency,Rules of the State of Florida Department of Environmental Protection,and
the rules of the Florida water management districts now or at any time hereafter in effect. If Hazardous Materials
placed on Parcel One prior to closing are discovered after closing,First Party shall remain obligated hereunder,with such
obligation to survive the closing and delivery and recording of the deed described in paragraph 7.of this Agreement and
Second Parry's possession of Parcel One,to diligently pursue and accomplish the clean up of Hazardous Materials in a
manner consistent with all applicable Environmental Law, without institutional or engineering controls, and at First
Party's sole cost and expense.
Further, if neither party elects to terminate this Agreement as provided above, First Party shall indemnify and save
harmless and defend Second Party,its officers,servants,agents and employees from and against any and all claims,suits,
actions,damages,liabilities,expenditures or causes of action of whatsoever kind arising from Hazardous Materials placed
on Parcel One prior to closing whether the Hazardous Materials are discovered prior to or after closing. First Party shall
defend, at First Parry's sole cost and expense, any legal action, claim or proceeding instituted by any person against
Second Party as a result of any claim, suit, or cause of action for injuries to body, life, limb or property for which
Hazardous Materials placed on Parcel One prior to closing are alleged to be a contributing legal cause. First Party shall
save Second Party harmless from and against all judgments,orders,decrees,attorneys fees,costs,expenses and liabilities
in and about any such claim,suit,investigation or defense thereof,that may be entered,incurred or assessed as a result
of the foregoing.
The limitation herein on First Party's contractual obligation to indemnify Second Party as specified in this paragraph
3.B. shall not be construed to limit First Party's legal liability under any Environmental Law for Hazardous Materials
located on Parcel One or to limit Second Parry's legal and equitable_remedies against First Party under any
Environmental Law for Hazardous Materials located on Parcel One.
4. SURVEY. First Party shall no later than 45 days prior to closing obtain at First Party's sole cost and expense
and deliver to Second Party a current boundary survey of Parcel One meeting the standards and requirements of DSL
and prepared by a professional surveyor and mapper licensed by the State of Florida ("Survey"). It is First Party's
responsibility to ensure that the surveyor and mapper contacts the Bureau of Survey and Mapping in DSL prior to the
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commencement of the Survey regarding DSL's standards and requirements. The Survey shall be certified to Second
Party and the title insurer for purposes of deleting the standard exceptions for survey matters and easements or claims
of easements not shown by the public records from the owner's title policy. The Survey shall be certified within 90
days before the date of closing unless this 90 day time period is waived by DSL and by the title insurer. If the Survey
shows any reduction in acreage from the appraised acreage of Parcel One, any encroachment on Parcel One,or that
improvements intended to be located on Parcel One encroach on the land of others,the same shall be treated as a title
defect.
First Party shall at Second Party's request and at First Party's sole cost and expense and no later than 45 days prior to
closing obtain at First Party's sole cost and expense and deliver to Second Party a current boundary survey of Parcel
Two and Parcel Three meeting the standards and requirements of DSL and prepared by a professional surveyor and
mapper licensed by the State of Florida ("Survey"). It is First Party's responsibility to ensure that the surveyor and
mapper contacts the Bureau of Survey and Mapping in DSL prior to the commencement of the Survey regarding
DSL's standards and requirements. The Survey shall be certified to Second Party and shall be certified within 90 days
before the date of closing unless this 90 day time period is waived by DSL.
5. TITLE„INSURANCE. First Party shall at First Party's sole cost and expense and within 30 days of Second
Parry's execution of this Agreement furnish to DSL a marketable title insurance commitment, to be followed by an
owner's marketable title insurance policy(ALTA Form "B" with Florida revisions) from a title insurance company
currently under contract with the State of Florida Department of Environmental Protection insuring marketable title
of Second Party to Parcel One in an amount equal to the value of Parcel One as set forth in Paragraph 2.A.,above,as
adjusted(if any adjustment is made). First Party shall require that the title insurer delete the standard exceptions of
such policy referring to: (a)all taxes,(b)unrecorded rights or claims of parties in possession,(c)survey matters,(d)
unrecorded easements or claims of easements,and(e)unrecorded mechanics'liens.The cost and expense of the title
insurance commitment shall be paid by the First Party even if this Agreement does not close.
6. DE
TECTS.IN,TITLE. First Party shall,within ninety(90)days after notice from DSL,remove all defects in
title to Parcel One. First Party agrees to use diligent effort to correct the defects in title within the time provided therefor,
including the bringing of necessary suits. If First Party is unsuccessful in removing the title defects within said time,
Second Party shall have the option to either:(a)accept the title as it then is with no reduction in the value of Parcel One,
(b)extend the amount of time within which-First Party may remove the defects in title,(c)cut out the affected portion
of Parcel One and reduce the value of Parcel One by an amount equal to the product of the per-acre value of Parcel
One for the acres being cut out,multiplied by the acreage cut out,or(d)terminate this Agreement,thereupon releasing
the parties hereto from all further obligations under this Agreement. If First Party fails to make a diligent effort to remove
the title defects,First Party shall be in default and the provisions of paragraph 16.of this Agreement shall apply.
6.1. INSPECTION PERIOD FOR PARCEL TWO AND PARCEL THREE AND RIGHT TO CANCEL. First
Part shall have 60 days from Second Party's exec� � �y y rty execution of this Agreement(the "inspection period") within which to
have such inspections of Parcel Two and Parcel Three performed as First Party shall desire. First party shall be
responsible for prompt payment for such inspections and repair of damage to and restoration of Parcel Two and Parcel
Three resulting from such inspections. This provision shall survive termination of this Exchange Agreement. If First
Party determines,in First Parry's sole discretion,that Parcel Two or Parcel Three is not acceptable to First Party,First
Party may cancel this Exchange Agreement by delivering written notice of such election to Second Party on or before
expiration of the inspection period,and the parties shall be released of all further obligations under the provisions of this
Exchange Agreement except as provided in this paragraph 6.1. Unless First Party exercises the right to cancel granted
herein, First Party accepts Parcel Two and Parcel Three in its present physical condition, subject to any violation of
governmental building, environmental, and safety codes, restrictions, or requirements, and subject to easements,
reservations,restrictions and other interests of record or that may have been disclosed by a survey of Parcel Two and
Parcel Three. Second Party extends and intends no warranties or representations concerning Parcel Two and Parcel
Three.
7. INTERESTS CONVEYED. At closing, First Party shall execute and deliver to Second Party a statutory
warranty deed in accordance with Section 689.02,Florida Statutes,conveying marketable title to Parcel One in fee simple
free and clear of all liens,reservations,restrictions,easements,leases,tenancies and other encumbrances,except those
that are acceptable encumbrances in the opinion of Second Party and except those that do not impair the marketability of
the title to Parcel One. At closing,Second Party will execute and deliver to First Party a quitclaim deed for Parcel Two
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and Parcel Three subject to easements,reservations,restrictions and other interests of record. Second Party extends and
intends no representations or warranties of any kind regarding Parcel Two and Parcel Three. First Party acknowledges
that Second Parry's conveyance shall be in"as is"condition. Neither party shall reserve any phosphate,minerals,metals
or petroleum interests.
8. P,REPARATION OF CLOSING DOCUMENTS.Upon execution of this Agreement,First Party shall submit
to Second Party a properly completed and executed beneficial interest affidavit and disclosure statement as required
by Sections 286.23, 375.031(l) and 380.08(2), Florida Statutes. Second Party shall prepare the deeds described in
paragraph 7. of this Agreement, Second Party's and First Party's closing statements and the title,possession and lien
affidavit for Parcel One certified to Second Party and title insurer and an environmental affidavit for Parcel One on DSL
forms provided by DSL.
9. DSL'S REVIEW_FOR CLOSING. DSL will approve or reject each item provided by First Party under this
Agreement. First Party will have 30 days thereafter to remove and resubmit any rejected items. If First Party fails to
timely deliver any item or DSL.rejects any item after delivery,Second Party may in its discretion extend the closing date.
10. EXP SES. First Party will pay the documentary revenue stamp tax and all other taxes or costs associated
EN
with this transaction,except as otherwise specified in this Agreement. First Party shall also pay the cost of recording the
deeds required by paragraph 7. of this Agreement and any other recordable instruments that DSL deems necessary to
assure good and marketable title to Parcel One.
H. TAXES AND ASSESSMENTS. At closing,First Party shall satisfy all real estate taxes and assessments of
record that are or that may become a lien against Parcel One. If Second Party acquires fee title to Parcel One between
January 1 and November 1,First Party shall,in accordance with Section 196.295,Florida Statutes,place in escrow with
the county tax collector an amount equal to the current taxes prorated to the date of transfer,based upon the current
assessment and millage rates on Parcel One. If Second Party acquires fee title to Parcel One on or after November 1,
First Party shall pay to the county tax collector an amount equal to the taxes that are determined to be legally due and
payable by the county tax collector.
12. CLOSING PLACE AND DATE. The closing shall be on or before 120 days after Second Party's approval of
this Agreement. If a defect exists in the title,title commitment, Survey or environmental site assessment as to Parcel
One,or in any other documents required to be provided or completed and executed by First Party,however,the closing
shall occur either on the original closing date or within 60 days after receipt of documentation removing the defects,
whichever is later. Second Party shall set the date,time and place of closing.
13. RISK LOSS AND CONDITION,OF.PARCELS. Each party assumes all risk of loss or damage to that
parry's parcel prior to the date of closing and agrees that each party's parcel shall be transferred and conveyed to the other
party in the same or essentially the same condition as of the date of execution of this Agreement,ordinary wear and tear
excepted. If between the date this Agreement is executed by the parties and the date of closing the condition of either
parcel as it existed on the date this Agreement is altered by an act of God or other natural force beyond the control of the
parties,the party who is to receive the altered parcel may elect,at said recipient's sole option,to terminate this Agreement
and neither party shall have any further obligations under this Agreement. First Party represents and warrants that there
are no parties other than the First Party in occupancy or possession of any part of Parcel One.First Party warrants that
there are no facts known to First Party materially affecting the value of Parcel One that are not readily observable by
Second Party or which have not been disclosed to Second Party.
All wells located on Parcel One shall be duly abandoned at the First Party's sole cost and expense prior to closing
unless this requirement is waived by DSL in writing. First Party warrants that any billboards on Parcel One shall be
removed prior to closing.
First Party agrees to clean up and remove all abandoned personal property,refuse,garbage,junk,rubbish, trash and
debris(hereafter,"trash and debris") from Parcel One to the satisfaction of DSL prior to closing. If First Party does
not remove all trash and debris from Parcel One prior to closing, Second Party, at its sole option, may elect to: (a)
collect from First Party the estimated expense necessary to remove trash and debris from Parcel One and proceed to
close,with the Second Party incurring any additional expenses necessary to remove all trash and debris and clean up
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of Parcel One subsequent to closing,(b)extend the amount of time First Party has to remove all trash and debris from
Parcel One,or(c)terminate this Agreement,and neither party shall have any further obligations under the Agreement.
_,_._._POSSESSION. Each parry agrees that from the date this Agreement is executed by
14. RIGHT TO ENTER AND _,
the parties,officers,attorneys and duly authorized agents of each party,upon reasonable notice,shall have at all times
the right and privilege of entering the other party's parcel for all lawful purposes in connection with the this Agreement.
Each parry shall deliver possession of that party's parcel to the other party at closing.
15. ACCESS. First Party warrants that there is legal and practical ingress and egress for Parcel One over public
roads or valid,recorded easements for the use and benefit of and as an appurtenance to Parcel One.
16. D.....EFAULT. If First Party defaults under this Agreement,Second Parry may waive the default and proceed to
closing, seek specific performance,or refuse to close and elect to receive the return of any money paid, each without
waiving any action for damages or any other remedy permitted by law or in equity resulting from First Party's default.
17. BROKERS. First Party warrants that no persons,firms,corporations or other entities are entitled to a real estate
commission or other fees as a result of this Agreement or subsequent closing, except as accurately disclosed on the
disclosure statement required in paragraph 8. First Party shall indemnify and hold Second Party harmless from any and
all such claims,whether disclosed or undisclosed.
18. RECORDING. This Agreement,or notice of it,may be recorded by Second Party in the appropriate county or
counties.
19. ASSIGNMENT. This Agreement may not be assigned without the prior written consent of the other party.
20. TIME. Time is of essence with regard to all dates or times set forth in this Agreement.
2L SEVERABILITY. If any of the provisions of this Agreement are deemed to be unenforceable and the
unenforceability of said provisions does not adversely affect the purpose and intent of this Agreement, in Second
Party's sole discretion,the enforceability of the remaining provisions of this Agreement shall not be affected.
22. SUCCESSORS_IN INTEREST. This Agreement shall bind and inure to the benefit of the parties and their
respective heirs,legal representatives and successors. Whenever used,the singular shall include the plural and one gender
shall include all genders.
23. ENTIRE_AGREEMENT. This Agreement contains the entire agreement between the parties pertaining to the
subject matter contained in it and supersedes all prior and contemporaneous agreements, representations and
understandings of the parties. No supplement,modification or amendment to this Agreement shall be binding unless
executed in writing by the parties.Notwithstanding the foregoing,the parties acknowledge that the legal description
contained in Exhibit"A"was prepared based upon historic chain of title information,without the benefit of a current
survey of Parcel One. The parties agree that if, in the opinion of DSL, it becomes necessary to amend the legal
description of Parcel One to correct errors, to more properly describe the parcel, to cut out portions of the parcel
affected by title defects unacceptable to Second Party or that cannot be timely removed by the First Party, or to
otherwise revise the legal description of Parcel One,the legal description to be used in the Survey(if any)and in the
closing instruments required by this Agreement for Parcel One shall be revised by or at the direction of DSL,and shall
be subject to the final approval of DSL. Anything to the contrary hereinabove notwithstanding,such a revision of the
legal description of Parcel One shall not require a written amendment to this Agreement. In such event, the First
Party's execution and delivery of the closing instruments containing the revised legal description and the Second
Party's acceptance of said instruments and of the final Survey(if any) containing the revised legal description shall
constitute a full and complete ratification and acceptance of the revised legal description of Parcel One by the parties.
First Party acknowledges that the Trustees have made various delegations of power for the purpose of land acquisition,
and not all representatives of the Trustees or the DSL have authority to act in all situations. Consequently, this
Agreement may be terminated by the Trustees pursuant to any provision therefor contained in this Agreement only in
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writing signed by the person or persons who signed this Agreement on behalf of the Trustees or that person's
successor.
24. WAIVER. Failure of Second Party to insist upon strict performance of any covenant or condition of this
Agreement, or to exercise any right herein contained, shall not be construed as a waiver or relinquishment for the
future of any such covenant,condition or right;but the same shall remain in full force and effect.
25. AGREEMENT EFFECTIVE. This Agreement or any modification, amendment or alteration thereto, shall
not be effective or binding upon any of the parties hereto until it has been executed by all of the parties hereto and
approved by or on behalf of the Board of Trustees of the Internal Improvement Trust Fund of the State of Florida.
26. ADDENDUM. Any addendum attached hereto that is signed by the parties shall be deemed a part of this
Agreement.
27. NOTICE.Whenever a party desires or is required to give notice unto the other, it must be given by written
notice, and either delivered personally, transmitted via facsimile transmission, mailed postage prepaid, or sent by
overnight courier to the appropriate address indicated on the first page of this Agreement,or such other address as is
designated in writing by a party to this Agreement.
28. SURVIVAL. The covenants,warranties,representations,indemnities and undertakings of First Party set forth
in this Agreement shall survive the closing, the delivery and recording of the deed described in paragraph 7. of this
Agreement for Parcel One and Second Parry's possession of Parcel One.
29. CERTIFICATION REGARDING TERRORISM. First Party hereby certifies that to the best of First Parry's
knowledge,after making all appropriate inquiries,First Party is in compliance with,and shall use Parcel Two,as well as
any funds derived from the exchange of Parcel One for Parcel Two in compliance with all applicable anti-terrorism laws,
regulations,rules and executive orders,including but not limited to, the USA Patriot Act of 2001, 18 U.S.C.sections
2339A-C,and U.S.Presidential Executive Orders 12947 and 13224.
30. SPECIAL CONDITIONS.
A. By no later than closing,First Party shall grant to Seminole County,a political subdivision of the State of
Florida,as manager of the Cross Seminole Trail,a trail use agreement over those lands described in Exhibit
"D". It is agreed that this Exchange is strictly contingent upon Seminole County receiving the trail use
agreement by closing at the latest.
B. By no later than closing,First Party shall provide to Seminole County,a political subdivision of the State of
Florida,as manager of the Cross Seminole Trail,a fully executed ingress and egress easement(and any
supporting documents)from the School Board of Seminole County Florida.A draft document is attached
hereto as Exhibit"E". It is agreed that this Exchange is strictly contingent upon Seminole County
receiving the ingress and egress easement by closing at the latest.
1F FIRST PARTY DOES NOT EXECUTE THIS AGREEMENT ON OR BEFORE JANUARY 19,2018, SECOND
PARTY SHALL BE UNDER NO OBLIGATION TO ACCEPT THIS AGREEMENT. SECOND PARTY'S
EXECUTION OF THIS AGREEMENT IS SUBJECT TO APPROVAL BY THE BOARD OF TRUSTEES OF THE
INTERNAL IMPROVEMENT TRUST FUND OF THE STATE OF FLORIDA. SECOND PARTY'S DUTY TO
PERFORM HEREUNDER IS CONTINGENT ON: (1)CONFIRMATION THAT THE VALUE OF PARCEL ONE
IS NOT IN EXCESS OF THE DSL APPROVED VALUE FOR PARCEL ONE,AND(2)DSL APPROVAL OF ALL
DOCUMENTS TO BE FURNISHED HEREUNDER. THE STATE OF FLORIDA'S PERFORMANCE AND
OBLIGATION TO PAY UNDER THIS AGREEMENT IS CONTINGENT UPON AN ANNUAL APPROPRIATION
BY THE FLORIDA LEGISLATURE AND UPON THE FUNDING OF THE APPROPRIATION THROUGH THE
ISSUANCE OF FLORIDA FOREVER REVENUE BONDS BY THE STATE OF FLORIDA OR OTHER
FUNDING AS PROVIDED BY THE LEGISLATURE.
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THIS IS INTENDED TO BE A LEGALLY BINDING AGREEMENT. IF NOT FULLY UNDERSTOOD,SEEK THE
ADVICE OF AN ATTORNEY PRIOR TO SIGNING.
FIRST PARTY
CITY OF WINTER SPRINGS,A MUNICIPAL
CORPORATION OF THE STATE OF F'I,ORIDA
Witness as to First Party Kevin Smith,Ci1�4zr"'
es
January 10, 2018
ss ........
Witne as to Fig, `Harty Date signed by First Party
Phone No. (407) 327-1800
8 a.m. 5 p.m.
STATE OF FLORIDA
�
COUNTY OF?)
The origoista iruent was acknowleSuch person(s)(Notged ae me ry Public t must c applicable bo) 200, by
is/are personally known to me.
produced a current driver license(s).
[ produced as identification.
(NOTARY PUBLIC SEAL) '
...
Nola ublic
Notary Public State of Foxida A �.
ndrea Lorenzo-Luaces ...... ....... ...._.
• MY Comroiseion FF 216019 (Printed,Typed or Stamped Name of
f0me 05/00019 Notary Public)
ar Q
Commission No � L 1
My Commission Expires:
r
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Approved as to Form and Legality SECOND PARTY
By: ......... ......
Date: BOARD OF TRUSTEES OF THE INTERNAL
IMPROVEMENT TRUST FUND OF THE STATE OF
FLORIDA
BY DIVISION OF STATE LANDS OF THE STATE
OF FLORIDA DEPARTMENT OF
ENVIRONMENTAL PROTECTION
BY:
Witness as to Second Party NAME:
AS ITS:
Witness as to Second Party
Date signed by Second Party
STATE OF FLORIDA
COUNTY OF LEON J
The foregoing instrument was acknowledged before me this day of 20_,by
_ , Division of State Lands, State of Florida Department of Environmental
Protection, as agent for and on behalf of the Board of Trustees of the Internal Improvement Trust Fund of the State of
Florida. He/She is personally known to me.
(NOTARY PUBLIC SEAL)
Notary Public
,.. .,
(Printed,Typed or Stamped Name of
Notary Public)
Commission No.:
My Commission Expires:,
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EXHIBIT A
(Parcel One)
Parcel "A"
A portion of Lot 33, Entzminger Farms Addition No. 2, according to the plat thereof, recorded in
Plat Book 5, Page 9 of the Public Records of Seminole County, Florida being more particularly
described as follows:
The South 27.00 feet of Lot 33; lying Northerly of, coincident with and parallel with the Northerly
right of way line of C.R. 419, as shown on Florida of Department of Transportation Right of Way
Map for State Road 419, Section 77070-2506, Sheet 5.
LESS the East 143.14 feet thereof; ALSO LESS additional right of way as recorded in Official
Record Book 7476, Page 1150, of the Public Records of Seminole County, Florida.
RESERVING: A drainage easement described as follows:
The East 30.00 feet of Parcel "A".
ALSO RESERVING: a 2.00-foot landscape and maintenance easement described as follows:
The North 2.00 feet of Parcel "A".
AND
Parcel "B"
A portion of Lots 34 and 35, Entzminger Farms Addition No. 2, according to the plat thereof,
recorded in Plat Book 5, Page 9 of the Public Records of Seminole County, Florida, lying
Northerly of the Northerly right of way line of C.R. 419 as shown on Florida of Department of
Transportation Right of Way Map for State Road 419, Section 77070-2506, Sheet 5.
LESS additional right of way as recorded in Official Record Book 7476, Page 1150, of the Public
Records of Seminole County, Florida.
Being more particularly described as follows:
BEGIN at the Southwest corner of the aforementioned additional right of way, said corner lying
on the Northerly right of way line of said C.R. 419 and the South line of said Lot 34; thence run
N 82°59'30"W, along said Northerly right of way line, a distance of 1,189.23 feet to the point of
curvature of a curve, concave Northerly, having a radius of 2,241.83 feet, a central angle of
11022'01" and a chord bearing of N 77'18'29"W, thence run along the arc of said curve an arc
length of 444.76 feet to a point on the West line of Lot 35; thence run N 08040'33"W, along said
West line a distance of 47.99 feet; thence run S 40004'52" E, a distance of 30.08 feet to a point
lying 27.00 feet Northerly of the Northerly right of way line of said C.R. 419, said point also
being a point on a curve, concave Northerly, having a radius of 2,214.83 feet, a central angle of
11016'06" and a chord bearing of S 77021'27" E, thence run along the arc of said curve, running
parallel with and 27.00 feet North of said Northerly right of way line an arc length of 435.59 feet;
thence continue along said parallel line S 82°59'30" E, a distance of 1,187.22 feet to a point on
the West line of the aforementioned additional right of way; thence run S 06°56'24" E, along
9 g
ti
BLA-104,Revised 05/11/15
said West line a distance of 17.83 feet; thence run S 20°14'43" W a distance of 10.00 feet to the
Point of Beginning.
RESERVING a drainage easement described as follows:
BEGIN at the Southwest corner of the aforementioned additional right of way; thence run N
82°59'30"W a distance of 26.22 feet; thence run N 06056'24"W a distance of 27.82 feet; thence
run S 82°59'30" E a distance of 30.91 feet; thence run S 06°56'24" E a distance of 17.83 feet;
thence run S 20*14'43"W a distance of 10.00 feet to the Point of Beginning.
AND
RESERVVNG a 2.00-foot landscape and maintenance easement described as follows:
The North 2.00 feet-of Parcel "B".
AND
RESERVING an access and utility easement described as follows:
Commence at a point on the Northerly right of way line of said C.R. 419 and its intersection with
the East line of said Lot 34, said point being the Southwest corner of the aforementioned
additional right of way; thence run N 82059'30"W, along said Northerly right of way line, a
distance of 513.78 feet to the Point of Beginning; thence continue N 82059'30" W, along said
Northerly right of way line a distance of 50.00 feet; thence run N 07000'30" E, a distance of
27.00 feet to a point on the North line of said Parcel "B", thence run S 82059'30" E, along said
North line a distance of 50.00 feet; thence run S 07000'30"W, a distance of 27.00 feet to the
Point of Beginning.
AND
RESERVING an access and utility easement described as follows:
Commence at a point on the Northerly right of way line of said C.R. 419 and its intersection with
the East line of said Lot 34, said point being the Southwest corner of the aforementioned
additional right of way; thence run N 82°59'30"W, along said Northerly right of way line, a
distance of 995.15 feet to the Point of Beginning; thence continue N 82°59'30 W, along said
Northerly right of way line a distance of 70.00 feet; thence run N 07°00'30" E, a distance of
27.00 feet to a point on the North line of said Parcel "B", thence run S 82°59'30" E, along said
North line a distance of 70.00 feet; thence run S 07000'30"W, a distance of 27.00 feet to the
Point of Beginning.
AND
RESERVING an access utility and drainage easement described as follows:
The West 50.00 feet of Parcel "B".
NOTE: This legal description is for contract purposes. There may be additions, deletions and/or revisions
to this description based on a boundary survey and a title insurance commitment of the property.
BSM
BY 5K
Date:7.17.2017
10
BLA-104,Revised 05/11/15
EXHIBIT B
(Parcel Two)
That part of Lot 5, Block"A", D.R. Mitchell's Survey of the Levy Grant as recorded in Plat Book
1, Page 5 of the Public Records of Seminole County, Florida being more particularly described
as follows:
Commence at the Southwestern most corner of Lot 31, St. Johns Landing as recorded in Plat
Book 53, Pages 45-49, of the Public Records of Seminole County, Florida, said point being a
recovered concrete monument on the East Right-of-Way of Tuskawilla Road (formerly Brantley
Avenue) as recorded in Official Records Book 3225, Page 1829 of the Public Records of
Seminole County, Florida; thence run N 59°31'38"W along the Westerly prolongation of the
South line of said Lot 31 for a distance of 15.00 feet to the East Right-of-Way line of said
Tuskawilla Road; thence run S 30004'55"W along said East Right-of-Way line for a distance of
1,104.90 feet to a point on a non-tangent curve concave Northwesterly, having a tangent
bearing of S 09018'33" W and a radius of 1,110.99 feet; thence run Southwesterly along the arc
of said curve and the Westerly Right-of-Way line of the former CSX Transportation, Inc. "Lake
Charm Branch" Rail Corridor, through a central angle of 03043'39"for a distance of 72.78 feet to
the Point of Beginning; thence departing said curve, run N 74032'10" E for a distance of 31.75
feet to a point on a non-tangent curve concave Northwesterly, having a tangent bearing of S
12016'29"W and a radius of 1,138.99 feet; thence run Southwesterly along the arc of said curve
through a central angle of 03013'46"for a distance of 64.20 feet; thence departing said curve,
run S 29*26'13" E for a distance of 16.97 feet; thence run S 15°33'47" W for a distance of
436.90'feet; thence run N 59055'05"w for a distance of 41.32 feet to a point on the aforesaid
Westerly Right-of-Way line of the former CSX Transportation, Inc. "Lake Charm Branch" Rail
Corridor; thence run N 15°33'47" E along said Right-of-Way line for a distance of 437.37 feet to
a point of curvature of a curve concave Northwesterly and having a radius of 1,110.99 feet;
thence run Northerly along the arc of said curve through a central angle of 02°31'35"for a
distance of 48.99 feet to the Point of Beginning.
BSM
BY 5k
Date:4.18.2016
11
BLA-104,Revised 05/11/15
EXHIBIT C
(Parcel Three)
DESCRIPTION:
THE FOLLOWING LANDS LOCATED IN SECTION 35, TOWNSHIP 20 SOUTH,
RANGE 30 EAST, SEMINOLE COUNTY, FLORIDA:
COMMENCE AT THE NORTHEAST CORNER OF LOT 33 , ENTZMINGER FARMS,
ADDITION NO. 2, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT
BOOK 5, PAGE 9, OF THE PUBLIC RECORDS OF SEMINOLE COUNTY,
FLORTDA. THENCE RUN N. 82°59103"W. , ALONG THE SOUTH RIGHT-OF-WAY
LINE OF THE CSX TRANSPORTATION, INC. RAIL CORRIDOR AND THE NORTH
LINE OF LOT 33, A DISTANCE OF 147 . 59 FFET TO THE POINT OF
BEGINNING. THENCE CONTINUE N.82059103"W. , ALONG SAID RIGHT-OF-
WAY LINE AND THE NORTH LINE OF SAID LOT 33 , A DISTANCE OF 56 .42
FEET; THENCE RUN N. 07000 ' 57"E. , PERPENDCULAR TO SAID RIGHT-OF-
WAY LINE, A DISTANCE OF 100 . 00 FEET TO A POINT ON LINE NORTH
RIGHT-OF-WAY LINE OF SAID RAIL CORRIDOR; THENCE RUN
S. 82059103"E. , ALONG SAID NORTH LINE A DISTANCE OF 31 .30 FEET TO
ITS INTERSECTION WITH THE NORTHERLY EXTENSION OF THE WEST LJNE
OF THE EAST 143 . 14 FEET OF LOT 33; THENCE RUN S . 07004158"E. ,
ALONG SAID NORTHERLY EXTENSION FOR A DISTANCE OF 103 . 11 FEET TO
THE POINT OF BEGINNING; LESS AND EXCEPT ALL SOVEREIGNTY LANDS ,
SATE July 30, 2035
12
BLA-104,Revised 05/11/15
Exhibit D
D1i,S(,7(7!'1!C)N(P•tH('1f1 All:
A POR772N 01 DR 2:)'RI6)IT-01'-1i`A} 1.}7NG 1}7 S'7 OI LU'1 ],L.07 1,.4ND LOT 35,IN7ZA41NGEk 1 iftA4S':1DD11`u)N Nr)2,ACCO)U)ING 7O
11IF P1.A 7 7H1J(EOl RI;L`(N(D!J)IN L'1✓17 B(:)Oh'.5,1'AGF.9 OF'111F 1'!)Bf.lC'1(F('ORI)S OJ'SFJ711101.E COIINTI,FLORfD:1,BFJNG MORI:
P4R I WI 0:A R1.Y OVWRIBLD AS I011,O 4S.
C'OAINLN(I AI I E NOR I'llli'LS7 C'ORNPY 01'FNT%MINGI-w I'ARMS AVDI7JON Na 2,ACCORDING 10 TIIL PIA'I IHLR1301-RECORDID IA'
PIA T BOOR"5,PAGE.9,OI'7'Hl:PUBLIC RECORDS OF S1141NOLL C-01WTI'.FLORIDA;THENCER11N X08'41 VOW,ALONG TIW WIJ I LINE Ol'
SAII)1NTZMINGIR FARAIS AD1)177ON No 2,A DISI'ANCL:OF 903.62 FEET TO THE POINT OF BEGINNING#I(RO.B.#11'TTIINC7 RIIN
N.8 i VO`181" 1 D1S7 ANcv OF 25.1,?FL3iT TO A POINT ON 71IT'1tEST LINE C8:LOT 1 01-SAID IW7'7.Af/N(:IR I ARAISADDI'TION No 2;11 JJLrVC7:
RIIN.S.08'4I WOL'.,ALONG 7711.I47;ST LJNL OF LOT I,LOT Ci:AND LOT 3.5 OF S 1ID IiNTZMINGD?FARAIS,ADDITION No 2,A Dl SIAN{'li()F
924.:3211EH1 7'0 A POINT ON THE NOR TIHRLY RIGIII'•01-NA)"1.IN1:01:C.R.419,AS S11011N ON 7711:'17.ORIDA DFJ'.4RTA91:NT OT
1'RARISPORT A770N RIGIIT-Ol'-KAY AfA/'FOR S7A IT ROAD 41.<),5'1:(:PION 77070-2506,51fIJ:1'5;SAIL)]'DINT B73NG A POINT ON:%C UR17,
C'O,NC'A17,NORT1l1:ItL);IIAt7NG A RADIUS OF Z241.8 3 IT:LT, nilgYCE IROM A CHORD BEARING OF N.71'15°48"R.,RIJN NORHIKEVI RI i'
ALONG 171E ARC O1-SA11)C'UR II:,THROUGH A C1:N7 RAL ANGLE OF 00'43'I 1,,1 DI S"I ANCEOF 28.1G I-11.F TO A I'()INT ON THE
1FOREALENT1ONI D W V'I'LINE(IF ENTYMINGER FARMS ADDJ770N No 2;THFVCT RIIN N.08'4 I YNI"11t,ALONG,5,AII 1S7_'S/'IJ.h'F A DLW ANCE
(JF9J.?.84 Fdil:� 'T07"llli YOLVTO1'BI:GINNIA'G.
H.S.S AND INC IPI
TIM T PORTION NING lil I IIIN'THIr OI.D S'ANF0RD-01.7J3)O ROAD RIGHT-OF-W-1!BLIND MORE PARM (.il:IRL) W SCRIRE0 AS['01,1 OWS;
C'OMMFNCT AT TILL NOR71Ili9:'.S'T CORNER OF LNI'ZMINGI:k I:ARM.S:IDDI770N No Z;ACCORDING TO 77f1:P1AT Tll13CE0T kFC'ORD1J)IN
!'!AT BOOK 5,P:16L 9,Ol'77iE PUBLIC RECORDS OF Sf:A11NOl.F.COCINTS",ITOIUDA,•'I HENCE RUN Sob°41°00"E,ALONG 711E RIS7 LINT OF
SAID INTZMI,NGER FARAIS ADDI770N No$A DISTANCE.'OF WMA2 RED HUNCF RIIN N.Si'00°78"E,A DI.VTANC'L OF 25.13I7:fiT D A
POINT ON THE WEST I.INI:OF L.OT I OF SAID INTZA)INGER FARMS ADDHION No 2;7711WCF RUN S.08'41'(H)T•_,ALONG 711E HIS7 LIN].01'
S.41D LOT 1,A DISTAN('1:Ol'12i.SS FI:FI TO A POINT ON THE.NORTIIFI(LY RIGHT-OF-WAY LINE OF OLD SANFORD-O}7L 00 R(711)AND
7lfdi 1'OINl O!'BIiGlNNfNG(1'.O.II.LdzSSOII'f A+l);7711iNCli C'pA'77N(!E 5'.08'41'4)P)"1Z,A D1S7:ANCli OF 69.(K)T7TT 7Z)A 1'C)Bh"1'ON Tldf.-'
SOU T 11LRLY RIGU 'OI'-11A 1 LINE OF OLD SANFORD•0%IEW ROAD;THENCE RUN N.77'21'21-W,ALONG SAID SOUTH LJNE A D1.STA.NCT OF
26,84 11iE7;THIiNCL RIIN AS 08.41'00"W.,A DISTANCE:Or 69.00 Ro—7"0 A POINT ON 771F AFORES410 NOR77IERLY RIC.11•T-OF-RAY LINK;
'1711.1A. :RIIN S.77.22-ZI-F--,ALONG,SAID NORTHIAL YRIGHT-OF-I4'A}'IJNL A DIS7:•WT OF 26.84 173T TO nil,-POINT OF 131:GINWING(R ).B.
LGS:SOUT 411
AND
II I I I POR'(7O:N LYING 14'ITI RN THE.CS\"RAI1 ROAD RIWTT-01'WA Y BIJN(,AIORF PARTJ(-ULARLY DIiS'C'RIBIJ)AS FOLD 114S
C'OAfAIENCF'A'l ]III:NUR77114'I:SI CORNER OT INTZAIINGF.R TARAIS ADI)PION Nn 2,ACCORDING TO
PLAT BOOR"5,PAGE 9,01:77/1i Pl1Bd,1(.'RdiCOR1)S'OF SLAlINOII=COUNTY,FLORIDA,,7 HINCL'RUN-£08'41'00'L:,ALONG 771E 14TST L(W OF
SAID 1707.AIINGER FARAIS ADDITION No 2,A DISTAN(I.'OT 90162 FLEE 1;71/LNCE RUN N.87°On'1 R°I_,A DJSI ANCF OF 25.13 113`I'TO A
POINT ON THE BENT LIN1:OP LO7 I OF SAIL)EN7'7611NG1:R FARAIS ADDITION No 2;THFNCT RUN S-08A POOF-,ALONG 711E N9LST LINE 01,
SAID LOT 1,A DIS7ANCT 01 127 Z FEET TO A POINT ON PIE NORTIIIJ(l.)'RI(;117--OF-}4'AY IJNF(l 011).SANI-ORD-OWEDO ROAD,771EN(7:
CON'TINUIi S.08AI VOL A DIM ANCLI OF VIO RM D A 1101NI ON HIE SOI RI JI-RLY RIGHT-OF-11:A1.11NE OFOIJ)SANFORD-017FJ)0
ROAD;TIJENCL COt\'"1'fNlll:ti3OR'i l'00"d'.,A 1)IS7'ANC`L OF.?31.:'0 FI 11'TC)A POINI ON TT1T:NOR'1'IIF77L S"RIGd 1T-OF-{i A)'LIh't:OF 7111i(:S;Y
RAILROAD AND 71117 POINT OF BEGINNING WO.B.1.13SOUT 021 7HINCF CO 971011:SOS-41'00"L•.,:A D1S1ANC'1:OF 121.63 IFI"T TO A POINT
ON TILE SOl1'I'HI]dl.Y RIGHT-OF-It'AY LINE 771E C:SIC RAILROAD;SAID POINT BEING A POINT ON A CUR17;C'ONCAU:NORTIJM- L1;IMUN6 A
RADIUS OF 2914,93 FFl:7: III NC'E ROAl A CHORD BLARING OF N.64'22'25'Wi,RUN NOR77114MVILRLY ALONG'1'111i ARC OFSAII)C1JRA7:,
THROUGH A CENTRAL ANGLE OF 00'35'4)",A DISTANCE:Or 30.26 M-7,7111'.-NCF RUN N-08'41'00-W,A DISTANCE 01'12a54 T77:1'TO A
POIN7 ON 7711 AFOREAHW710NF1)NORT HI:RL Y RIGHT-OF-WA I'LINE OF TIIF CS)C RAILROAD;WD POINT-BF1NG A POINT ON A CURII,-
CONCAIT NORIVER.Y,ILA17N(;A R 17)!lf.S OI 2814,9,31 IC IIIINCl:RWH A CHORD BI:DUNG 01'S-62-,58'22'le,RIJN SO(TTJIt,1STIRl.1'
ALONG 711E:ARC OF SAID C71R1 T,711ROUGH A Cl7h'"TFL41..=}NC;I,Ii O!'00'3T:1G",A 1)ISI ANCT'OF 30.781FJ;1;'1'O 711d:1'O1N'1'OI BI:GINh'!NG
C'ON'1:�11NIN{;0.42 AC'R1.5:,41URF01(1.ISS
I)I:SCR1P77ON(PARCIJ #2):
A PORTION 01 Tlll'25'RWI31-01-NA} LYING IASI 01 1 RAC'T 1,0171DO EARAIS, :ACCORDING TO TER:P1.A7 DIL'RL'OI•;)ZECORDL•7.)1N
I'LAT BOOK 6,PAGI'80 01'7111:PIIRI.IC RECORDS 01 Sr:AI1,1J0LF C 01'N7'S',I7,ORIDA,BEING MORE PAR77C(II ABLY DF..SCRIBID AS 1-01.L011.S.
BEGIN A7 7111:.S0II7III:I S1 C ORNER O!'O1711JO 1 A1(A1S(P.O.B.W ACC ORDING'TO IM MAI 17HR1:01,RhCORD11)IN HAT NXW(,,
PAGI(86,01 IIIE PUBLIC RECORDS OT'S'EAIINOL 1,COUNTY;FLORIDA;7711NC'!i K(IA',5:85'23'06"li'.,ALONG THLSO(I'TH IINF-W (AVI)O
FARAIS,A DIS'T,t NC'1;UI'2.5.I;3 P-7:IJ'7�0 THE SC)U7H(AS'T(-ORNI:R DI'TRACT.1,OF SAID 011WO FARAIS,DIENCE RUN N.08-40'00-w.,
ALONG 771E J AS'T LINE 0l .SAID 7RAC7 1,A DIS'I:ANCI:01 3.5.88 FZ:FT;'THENCE R(iN M 0078"E,A DISTANCE Mo 1 g Rojo 77J1:
I A.57 LINT.UP SAID Ot 71:1)()FARMS;THE NU,I,R 1 INS 08"41'0OT,ALONG S•10)E�kS'T LJN5 A PIS V AN('1.01'7,5,1717J:1 7O 771 F.1'OlA7 01
BIiGww%0 2
C{)NTAINING 890S011.tltl.171"!;AR)RI OR LASS.
13
i
BLA-104,Revised 05/11/15
I
e
9
Exhibit E
DRAFT of Recreational Trail Maintenance Easement
14
BLA-104,Revised 05/11/15
THIS INSTRUMENT PREPARED BY:
DA V ID G,SHIELDS
ASSISTANT COUNTY ATTORNEY
1101 EAST 1ST STREET
SANFORD,FL 32771
(407)665-7254
RECREATIONAL TRAIL MAINTENANCE EASEMENT
THIS RECREATIONAL TRAIL MAINTENANCE EASEMENT is made and entered
into this _ day of _-__ , _, 2018, by and between THE SCHOOL BOARD OF
SEMINOLE COUNTY,FLORIDA,a political subdivision of the State of Florida,whose principal
address is 400 East Lake Mary Boulevard, Sanford, Florida 32773, in this Easement referred to as
the"GRANTOR,"and SEMINOLE COUNTY,a political subdivision of the State of Florida,whose
address is Seminole County Services Building, l 101 East 1st Street, Sanford, Florida 32771, in this
Easement referred to as the "GRANTEE."
WITNESSETH:
FOR AND IN CONSIDERATION OF the sum of TEN AND NO1100 DOLLARS($10.00)
and other good and valuable consideration, the receipt and sufficiency of which are hereby
acknowledged, GRANTOR does hereby grant and convey to GRANTEE and GRANTEE's assigns,
a non-exclusive easement and right-of-way for access, construction, and maintenance of a
recreational trail, with full authority to enter upon, access, construct, reconstruct and maintain, as
GRANTEE and GRANTEE's assigns may deem reasonably necessary, a recreational trail over,
under, upon, and through the following-described lands situate in the County of Seminole, State of
Florida, to-wit:
See Sketch of Description and Legal Description attached hereto as Exhibit
"A.
A 11
Property Appraiser's Parent Parcel I.D.No.: 34-20-30-5AW-0000-033A
(the"Easement Property")
TO HAVE AND TO HOLD this easement and right-of-way unto GRANTEE and
GRANTEE's assigns forever.
GRANTEE and GRANTEE's assigns have the right to clear, keep clear, remove from the
Easement Property all trees, undergrowth and other obstructions that may interfere with location,
construction, excavation, access; operation, or maintenance of the recreational trail,and GRANTOR
and GRANTOR's successors and assigns agree not to build, construct or create, or permit others to
build, construct or create any buildings or other structures on the Easement Property that may
interfere with the location, access excavation,operation, or maintenance of the recreational trail.
......-..... - —---------___..... ........
Recreational Trail Maintenance Easement
The School Board of Seminole County to Seminole County
Page 1 of 4
GRANTEE and GRANTEE's assigns shall maintain the Easement Property, including any
improvements located on the Easement Property,to ensure the Easement Property can continue to be
used as a recreational trail and as non-vehicular access to the Easement Property and GRANTOR's
adjacent property. The parties acknowledge that the Easement Property is also utilized as the primary
access to and from the school facilities located on GRANTEE's Property and,thus, GRANTEE and
GRANTEE's assigns shall construct, use, and maintain the Easement Property in such a manner as
not to interfere with GRANTOR's use of the Easement Property or GRANTOR's adjacent property
and consistent with GRANTOR's continued use of the Easement Property. GRANTEE shall perform
all construction and maintenance on the Easement Property at a time other than when the adjacent
elementary school is in session or during the hour before or after any such session. GRANTEE shall
also provide GRANTOR with reasonable advance notice of any such construction or maintenance.
IF GRANTEE does not maintain the Easement Property as specified in this Recreational
Trail Maintenance Easement, GRANTOR shall provide notice of this non-maintenance to
GRANTEE. If GRANTEE does not cure this non-maintenance according to the standards set forth
above after such notice and a reasonable opportunity to cure this non-maintenance,then GRANTOR
may enter upon the Easement Property and perform the maintenance work as is reasonably necessary
to achieve the maintenance standards set forth in this Recreational Trail Maintenance Easement.
Thereafter,GRANTOR may receive compensation for this maintenance on a time and material basis
from GRANTEE.
THIS RECREATIONAL TRAIL MAINTENANCE EASEMENT will continue into
perpetuity and be binding on the parties' successors in interest, unless the associated Easement
Agreement between the State of Florida and GRANTEE for the Easement Property is terminated, in
which event this Recreational Trail Maintenance Easement and GRANTEE's duties to maintain
under this easement will also be terminated.
TO THE EXTENT permitted by law, GRANTEE shall indemnify and hold GRANTOR
harmless for all of GRANTEE's activities related to the Easement Property as performed pursuant to
GRANTEE's rights under this Recreational Trail Maintenance Easement.
NOTHING CONTAINED IN THIS RECREATIONAL TRAIL MAINTENANCE
EASEMENT may be construed or interpreted as denying to any party any remedy or defense
available to such parties under the laws of the State of Florida,nor as a waiver of sovereign immunity
of GRANTOR or GRANTEE beyond the waiver provided for in Section 768,28, Florida Statutes
(2016), as this statute may be amended from time to time.
THIS RECREATIONAL TRAIL MAINTENANCE EASEMENT is subject to the
Easement granted to Florida Power & Light Company, filed on December 9, 1957 in the Official
Records Book 148, Page 79 and August 25, 1958 in Official Records Book 183, Page 132,
respectively, Public Records of Seminole County, Florida (the "1958 Easement"), and GRANTEE
shall comply with the terms of the 1958 Easement as applicable.
GRANTOR does hereby covenant with GRANTEE that GRANTOR is lawfully seized and
possessed of the Easement Property, that GRANTOR has a good and lawful right to convey the
Easement Property.
Recreational Trail Maintenance — --�Easement
The School Board of Seminole County to Seminole County
Page 2 of 4
IN WITNESS WHEREOF,the GRANTOR has set GRANTOR's hand and seal,the day and
year first above written.
ATTEST: THE SCHOOL BOARD OF
SEMINOLE COUNTY,FLORIDA
_ By
DR.WALT GRIFFIN, Superintenden _,_w_w_ �. .�... _....
t AMY LOCKHART Chairman
Date:
STATE OF FLORIDA
COUNTY OF SEMINOLE
The foregoing instrument was executed and acknowledged before me this day of
m„m , 2018 by Amy Lockhart, as Chairman and Dr. Walt Griffin, as Superintendent of the
School Board of Seminole County,Florida, ❑who are personally known to me or owho have produced
as identification.
Print Name
Notary Public in and for the County
and State Aforementioned
My commission expires:....
[Acceptance by Seminole County following on Page 41
Recreational Trail Maintenance Eas
ement `
The School Board of Seminole County to Seminole County
Page 3 of 4
1
I
I
i
ACCEPTANCE BY SEMINOLE COUNTY:
BOARD OF COUNTY COMMISSIONERS
ATTEST: SEMINOLE COUNTY,FLORIDA
By:__
GRANT MALOY JOHN HORAN, Chairman � �
Clerk to the Board of
County Commissioners of
Seminole County,Florida. Date:
For the use and reliance of As authorized for execution by the Board of
Seminole County only. County Commissioners at its
2018,regular meeting.
Approved as to form and
legal sufficiency.
... ......
County Attorney
DGS/dre
01/5/18
Attachment:
Schedule "A"—Sketch and legal description
P:\Users\dedge\My Documents\insuuments\2017 lnstruments\SCSB TO SC RECREATIONAL TRAIL EASEMENT(CROSS SEMINOLE).docx
Recreational-..w ... ... ..,. .. __
Trail Maintenance Easement
The School Board of Seminole County to Seminole County
Page 4 of 4
�m-
EASEME]VT SKETCH OF DESCRIPTION
(1-HIS IS-h-'O7 A SUR FEl)
DESCRIPTION.'
BEGIN AT THE NORTHEAST CORNER OF LOT 33,ENITZMINGER FARMS,ADDI.170N
NO, 2,ACCORDING TO THE PLAT T HEREOF RECORDED IN PLA T BOOK 5,PAGE 9,
OF THE PUBLIC RECORDS OF SEMINOLE COUNTY,FLORIDA.;THENCE RUN
S.07'04'58'E., ALONG THE EAST LINE OF SAID LOT 33 A DISTANCE OF 180.05 FLET
�( TO A POINT ON THE NORTH RIGHT-OF-WAY LINE OF STATE ROAD 419;SAID
POINT ALSO BEING A POINT ON A CURVE CONCAVE SOUTHWESTERLY,HAVING A
RADIUS OF 3869.72 tEET. THENCE FROM A CHORD BEARING OF N.78'12'1 S"W,
R UN NORTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CEA)7RAL
ANGLE OF 00'07'40';A DISTANCE OF 8.(i3 FEET TO A POINT ON THE BACK OF A
CONCRETE CURB;SAID POINT ALSO BEING ON A CURVE CONCAVE EASTERLY,
HAVING A RADIUS OF 75.33 FEET,•THENCF FROM A CHORD BEARING OF
N.17'03'01"W.,R UN NOR THIMTERL Y AL ONG THE ARC OF SAID CURVE,
THROUGH A CENTRAL ANGLE OF 20*45'14,A DISTANCE OF 2 7.2 9 FEET 2.0 7HE
POINT OF TANGENCY,'THENCE RUN N.06-40'24'Tv,ALONG SAID BACK CURB FOR
A DISTANCE OF 120.47 FEET TO THE POINT OF CURVATURE OF A CURVE,
CONCAVE WESTERL Y,HAVING A RADIUS OF 1,190.55 FEET,'THENCE FROM A
CHORD BEARING OF N.07'28'14"61',RUN NORTHWESTERLY ALONG THE ARC OF
SAID CUR VE THROUGH A CENTRAL ANGLE OF 01'35'40,A DISTANCE OF 33.13
FEET TO A POINT ON THE NORTH LINE OF SAID LOT 33;SAID POINT ALSO BEING 1
ON THE SOUTH RIGHT-OF-141AY LINE OF THE CSK TRAAISPORTATIOAr, INC.RAIL
CORRIDOR;THENCE RUN S.82'S9'03'E.,ALONG SAID NORTH LINF,A DISTANCE OF
12.60 FEET TO THE POINT OF BEGINNING.
CONTAINING 2,192 SQUARE FEET, MORE OR LESS,
W
U
5
a
SHEL- 1 Ol'2
SEMINOLE COUNT' LEGEND
SUR 4fEY SECTION BEARINGS BASED O,V TIIE NORTH LINE OF LOT 33 H.S I WG:)N APSL3I13)
BFARINr 017 N81-5903'U.
OF THF.
ROADS-STORAlivATEOF THE
x Dn�s�oAl
SUR M Old y ..
PUBLIC WORKS DERAR 7 MENT
SANFORI),FLORIDA 32773 -
407-665.5647 !1 THIS IS,No l A SURlfY.
...._ ,.. ' 6'NDLRGRWINU i711JT11:S:)WD/OR Ih1YROILAI YI. ) LOC'AILD.
NOTl-WD ll7FffOUT TIfFSd NaTCiP�l�D 77it 3.S'UR17,1'(TR HAS NOT ABSTR,ICTLU 7NE LafJD S110iFT N�RE()'V'7'f1p
ORI(!N4 'i m SE IL 01 l C O RID,4 1IC fN.7h ABOVE RHMENC'FD PRaXIM'AlAF BF SLB.IF�'T TD E4SF7lFArl t
Al .-IND RISTRIC71ON.5 OF RECORD,If AN,Y.Af'F
By
f SCALE G.M) LDSLP 5 Ila CFRT. ` '—hLs®.t
i
EXHIBIT fAT'
T SKETCH OF
wEASEMEN
m . I .O t
(THIS 1S NOT A SURVEY)
sOii1)11)Ar a'
�C 1A 1n• !.----,_..., 1 C)T i i � LU'1 1 i
""--- Dn ZAIINGER FARMS:VJDCI7(),1)
.S 82 NO 2,PIAT'ROOK 5,Pr 9
j E ti
co
or , � q04�C ,15
— _ ._..,_ �. . .la 1'7�e Aug 1,iiPXO` F-ESOd THE
8J.5')'
SS1C ®F rH£STATp T 7Rilg'J
i11.ROgDR/Glp-n ORIDA",
IIA))
ZMH RIGHt-or-ISA)
7 RANSPOR1,1(ION,
1 C'.R4I11'ORRIpOR
NOR1'11 UNT
41 s
L013.4 p'2 Orl0T3i
r_.vrznuNcuz r iRA1s wr)Trlc)N ,�R t POINT OF
NO 2,PLA 7 ROOR'5.PC..9 BEGINMNG
NOR TH&In-C'a7RNFR
wt - 01-LO'7 33
'�. van r of t d All
9 �
4 ` 107 32
LOT 33
j F.NI ZANNGF.R FAWIS.4M 17ON r I
c.
c
NO::PL47 BOOK 5,PG.9
g r L -I Lim.of
l.07 33
a NOR T11 t
IJNFSR.419 of tRscrb��
Cun a Table
Cun AT Raaw, Chard Di"di. C nrrai iln9< Len
the CImrA Len
CJ 3ShJ 7l n98'1 2'1 S'H• 0 PT".-0..' 8.53....'863 �_�..�... V p 1.,
y 4th 9
fi
c r C3 lfa -75.33- KI�oC)3 O1 N ... 2D 45 14- ..9..... 271dt� vow
{q A14R 17,•0... 1,.3313 3i13 kJIS 19
ParAe1 Lrne Table LEGEND
BL4RINGS 03 i511)ON 71iE h'ORTEd I rNE OFI11T 3.i 1tat7�°r,.i+v.t9SLA/1.)
1 ine d DA a twn Lenafh MARINC 01 N 82'59 U3 k'.
( A..J UR Y L.j OR iS NOTES
ILJ d LS
1.'r1115 IS NUT.4 SUH52:)'. �
S�j�/jYA 7/l l ®U]�I7� / 2.UNDERGROUND UF1L171FS-WINWOR IMPROLEIAIFNI'S NOI LOC'.1112).
1._..1���111I VY LOL 11 VV 11 3.SUR I FYOR YLAS NOT AbSTRACTFD T7JE 1�1:VD SHON N IRMON,7NF
SURVEY SECHON Akf)i E R1FE REVC'FL)PROPERTY AI.4}'RF'VI]BIEC7 TO L4S17 jPM
OF ME -AND RES7RICTIOM3 OF R1:'COP.D,1F eVVY.
ROADS-STORMWATER D111S'ION
OF 771F.
PUBLIC WORKS DEPARTMENT SHEt7 2 OF 2
r
1498HS11 LCR)1' 11eui na Aa tin SCAIF ........ I--ao,.. ,.�
.S4NFORP,IlORIl)4 32."3 11-1 Irm
naax♦n
., 4f1:-665564i .... RTs _ ...._.,
..... ... ........ ... ..... ........ -:...,1UE.S.ANF 090Cled GAClWwLt! �CiAFCAlfi B1. G.d.