HomeMy WebLinkAboutWinter Springs Retirement Residence, LLC - Conveyance of Right-of-Way and Easements 2022 03 25 [Full] GARGANESE, WEISS, UAGRESTA & SALZMAN, P.A.
Attonigis at Lazy
111 N. Orange Ave.,Suite 2000 Anthony A. Garganese
P.O.Box 2873 Board Certified City,County&Local
Orlando,Florida 32802-2873 Government Law
Phone (407)425-9566
Fax(407)425-9596 agatganese@otlandolarvnet
March 25, 2022
Christian Gowan, City Clerk
City of Winter Springs
1126 East S.R. 434
Winter Springs, FL 32708
Re: Winter Springs Retirement Residence LLC
Conveyance of Right-of-Way and Easements
Dear Christian:
In connection with the above-referenced matter, enclosed are the following original
recorded documents:
1. Limited Liability Company Affidavit;
2. Drainage Facility Easement Agreement;
3. Utility Easement Agreement;
4. Partial Release of Mortgage;
5. Special Warranty Deed (portion of Michael Blake Blvd.).
Also, enclosed are the following original documents:
1. Bill of Sale (lift station) from Winter Springs Retirement Residence LLC;
2. Bill of Sale (lift station) from Schrimsher Land Fund 1986-II, Ltd., etc.;
3. Hill of Sale (Michael Blake Boulevard Roadway Improvements);
4. Bill of Sale (SR 434 Waterline Improvements);
5. Written Consent of the Sole General Partner of Hawthorne IL Propco LP;
6. Original sketch of portion of Michael Blake Blvd. conveyed to the City.
Please retain these documents for safekeeping purposes.
Ft.Lauderdale(954) 670-1979 •Kissimmee(321)402-0144•Cocoa (866)425-9566
Wehsite:w\v1U.orlandolaw.net•Email: firm@orlandolaNv.net
Christian Gowan, City Clerk
March 25, 2022
Page 2
Sincerely,
AAG/nh
Enclosures
GRANT MALOY, SEMINOLE COUNTY
CLERK OF CIRCUIT COURT&COMPTROLLER
CFN#2022025444 Bk:10181 Pg:965-970(6Pgs)
REC: 03/02/2022 8:24:16 AM by cjones
RECORDING FEES $52.50
Prepared by and return to:
Anthony A.Garganese,Esq.
Garganese,Weiss,D'Agresta&Salzman,P.A.
P.O.Box 2873
Orlando,FL 32802-2873
LIMITED LIABILITY COMPANY AFFIDAVIT
STATE OF WASHINGTON
COUNTY OF KING
BEFORE ME, the undersigned authority, duly authorized to take
acknowledgments and administer oaths, personally appeared Alan Spragins ("Affiant"), who
deposes and says under penalties of perjury that:
1. This affidavit is made with regard to the following described property("Property"):
SEE EXHIBIT"A"ATTACHED HERETO.
2. Affiant makes this affidavit on individual knowledge and on behalf of WINTER
SPRINGS RETIREMENT RESIDENCE LLC, a Washington limited liability company,
organized under the laws of Washington("LLC") and is the owner of the Property.
3. Alan Spragins is Chief Operating Officer of CP HRG IL REIT I, LLC, a Delaware
limited liability company, the sole general partner of Hawthorn IL PropCo LP, a
Delaware limited partnership, the sole managing member of WINTER SPRINGS
RETIREMENT RESIDENCE LLC.
4. The LLC is currently in good standing and existence under Washington law and has not
been terminated or dissolved. Further, that full compliance with all requirements
regarding the conveyance of LLC property contained in the LLC's organization
documents and all regulations have been completed.
5. The person executing this affidavit is authorized to execute the special warranty deed,
easements, bills of sale and other related closing documents for the LLC and is not and
has not been a debtor in banlauptcy since becoming a member or manager of the LLC. If
other than the Affiant, then, in addition, the person or entity, as applicable, executing the
deed and other related closing documents for the LLC is not and has not been a debtor in
banla-uptcy since becoming a member, manager or authorized signatory of the LLC.
ORLDOCS 19308870 4 21706.0065
6. The LLC is one of a family or group of entities, but none of the other entities in this
family or group of entities is a debtor in bankruptcy. [The following are to be considered
in determining whether or not the company is one of a family or group of entities: having
principals in common with other entities; being functionally or operationally related to
another entity; whether funds flow upstream or downstream to other entities; whether
funds or other assets are commingled with those of other entities.]
7. Affiant acknowledges and understands that this affidavit is given under oath for the
specific purpose of inducing the City of Winter Springs to accept the conveyance of real
property, by special warranty deed, for an extension of Michael Blake Boulevard, a
Drainage Facility Easement Agreement and Utility Easement Agreement, as required by
the Developer's Agreement between the LLC and the City of Winter Springs, dated
January 22, 2018, and recorded in O.R. Book 9105, Page 264, Public Records of
Seminole County, Florida, and is relying on the representations contained herein.
WINTER SPRINGS RETIREMENT
RESIDENCE LLC, a Washington limited liability
company
By: Z�ee
Name: Alan Spragins
Title: Chief Operating Officer
STATE OF WASHINGTON )
ss:
COUNTY OF KING )
On this, the day of :�OYV , 2022, before me by means of K
physical presence or ❑ online notarization, a Notary Public, the undersigned officer, personally
appeared Alan Spragins, who swore to and subscribed himself as the Chief Operating Officer of
WINTER SPRINGS RETIREMENT RESIDENCE LLC, a Washington limited liability
company, and that he, in such capacity, being authorized to do so, executed the foregoing
instrument for the purposes therein contained by signing on behalf of said entity.
IN WITNESS WHEREOF, I hereunto set my hand and official seal.
Notary ublic ��`�•\`��`Y P(��%,���
OF State of Washington O My Appointment
Z 20111116 C�
My commission expires: Kiersun Anne Scanlan
Expires
09/26/2023
ORLDOCS 19303570 4 21706.0065 2 ��'''%,O�rWASH\N,����
EXHIBIT"A"
PARCEL 1:
THAT PART OF LOT 8 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 THRU 49 OF SAID PUBLIC
RECORDS, SAID POINT BEING A RECOVERED CONCRETE MONUMENT ON THE
EASTERLY RIGHT OF WAY LINE OF TUSKAWILLA ROAD (FORMERLY BRANTLEY
AVENUE) AS RECORDED IN OFFICIAL RECORDS BOOK 3225, PAGE 1829 OF SAID
PUBLIC RECORDS; THENCE RUN NORTH 5991'38" WEST ALONG THE WESTERLY
PROLONGATION OF THE SOUTH LINE OF SAID LOT 31 FOR A DISTANCE OF 15.00
FEET; THENCE RUN SOUTH 30°04'55" WEST ALONG SAID EASTERLY RIGHT OF
WAY LINE FOR A DISTANCE OF 5.00 FEET; THENCE CONTINUE SOUTH 30°04'55"
WEST A DISTANCE OF 35.00 FEET; THENCE S 5991'38" E, A DISTANCE OF 1132.34
FEET TO THE POINT OF CURVATURE OF A CURVE TO THE RIGHT HAVING A
RADIUS OF 150.00 FEET; THENCE RUN SOUTHEASTERLY ALONG THE ARC OF SAID
CURVE THROUGH A CENTRAL ANGLE AT 60036'00" FOR AN ARC DISTANCE OF
158.65 FEET TO THE POINT OF TANGENCY; THENCE SOUTH 01°04'22" WEST A
DISTANCE AT 146.91 FEET; THENCE SOUTH 24°59'41" W, A DISTANCE OF 318.72
FEET; THENCE SOUTH 00°00'00" EAST A DISTANCE OF 115.48 FEET; THENCE SOUTH
36055'21" EAST A DISTANCE OF 217.54 FEET; THENCE SOUTH 15019'53" EAST A
DISTANCE OF 140.49 FEET; THENCE SOUTH 02023'00 WEST A DISTANCE OF 556.34
FEET; THENCE SOUTH 07'25'15" WEST A DISTANCE OF 272.61 FEET; THENCE
SOUTH 29030'05" WEST A DISTANCE OF 231.32 FEET; THENCE SOUTH 50031'58"
WEST A DISTANCE OF 1475.69 FEET TO THE NORTHEASTERLY RIGHT OF WAY
LINE OF STATE ROAD 434 ACCORDING TO FLORIDA DEPARTMENT OF
TRANSPORTATION RIGHT OF WAY MAP SECTION 77070-2516; THENCE CONTINUE
SOUTH 50031'58" WEST FOR A DISTANCE OF 143.34 FEET TO A FOUND 1/2" IRON
ROD &CAP (LB 6723)AND THE SOUTHWESTERLY RIGHT OF WAY LINE OF SAID
STATE ROAD 434, ALSO BEING THE POINT OF BEGINNING; THENCE ALONG THE
NORTHERLY BOUNDARY OF ACQUISITION PARCEL "A" AS DESCRIBED IN
OFFICIAL RECORDS BOOK 3988, PAGE 1075 OF THE PUBLIC RECORDS OF
SEMINOLE COUNTY, FLORIDA, SOUTH 49030'36" WEST FOR A DISTANCE OF 316.60
FEET TO A FOUND 4"X4" CONCRETE MONUMENT(LB 6723) AND TO THE
SOUTHWESTERLY CORNER OF LANDS DESCRIBED IN EXHIBIT "A" (SWAP PARCEL
1)AS DESCRIBED IN OFFICIAL RECORDS BOOK 8856, PAGE 546 OF THE PUBLIC
RECORDS OF SEMINOLE COUNTY, FLORIDA; THENCE DEPARTING SAID
NORTHERLY BOUNDARY, ALONG THE WESTERLY BOUNDARY OF SAID LANDS
AND ALONG THE EASTERLY BOUNDARY OF LANDS DESCRIBED IN EXHIBIT "A"
(SWAP PARCEL 2) AS DESCRIBED IN OFFICIAL RECORDS BOOK 8856, PAGE 553 OF
THE PUBLIC RECORDS OF SEMINOLE COUNTY, FLORIDA,NORTH 39047'59" WEST,
A DISTANCE OF 659.32 FEET TO A FOUND 4"X4" CONCRETE MONUMENT(LB 6723)
3
ORLDOCS 19308870 4 21706.0065
AND THE WESTERLY RIGHT OF WAY OF THE C.S.X. TRANSPORTATION INC. "LAKE
CHARM BRANCH" RAIL CORRIDOR; SAID POINT BEING A NON TANGENT CURVE
CONCAVE NORTHEASTERLY, HAVING A RADIUS OF 3707.33 FEET, AND A CHORD
BEARING AND DISTANCE OF NORTH 03026'01" WEST, 73.37 FEET; THENCE
NORTHWESTERLY ALONG THE ARC OF SAID CURVE, AND SAID WESTERLY RIGHT
OF WAY, THROUGH A CENTRAL ANGLE OF 01°08'02" FOR A DISTANCE OF 73.37
FEET TO A SET 5/8" IRON ROD AND CAP (LB 8071)AND THE END OF SAID CURVE;
THENCE DEPARTING SAID WESTERLY RIGHT OF WAY,ALONG A CURVE
CONCAVE NORTHERLY, HAVING A RADIUS OF 230.00 FEET, AND A CHORD
BEARING AND DISTANCE OF NORTH 70002'34" EAST, 93.83 FEET; THENCE
NORTHEASTERLY ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL
ANGLE OF 23032'22" FOR A DISTANCE OF 94.49 FEET TO A SET 5/8" IRON ROD AND
CAP (LB 8071) AND THE END OF SAID CURVE; THENCE NORTH 59043'13" EAST, A
DISTANCE OF 75.01 FEET TO A SET 5/8" IRON ROD AND CAP (LB 8071); THENCE
NORTH 50022'25" EAST, A DISTANCE OF 111.00 FEET TO A SET 5/8" IRON ROD AND
CAP (LB 8071)AND TO THE AFORESAID SOUTHWESTERLY RIGHT OF WAY OF SAID
STATE ROAD 434; THENCE ALONG SAID SOUTHWESTERLY RIGHT OF WAY, SOUTH
39°47'08" EAST, A DISTANCE OF 669.99 FEET TO THE POINT OF BEGINNING.
PARCEL 2:
THAT PART OF LOT 8 BLOCK "A", OF TUSKAWILLA, ACCORDING TO THE PLAT OF
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 THRU 49 OF SAID PUBLIC
RECORDS, SAID POINT BEING A RECOVERED CONCRETE MONUMENT ON THE
EASTERLY RIGHT OF WAY LINE OF TUSKAWILLA ROAD (FORMERLY BRANTLEY
AVENUE) AS RECORDED IN OFFICIAL RECORDS BOOK 3225, PAGE 1829 OF SAID
PUBLIC RECORDS; THENCE RUN NORTH 59031'38" WEST ALONG THE WESTERLY
PROLONGATION OF THE SOUTH LINE OF SAID LOT 31 FOR A DISTANCE OF 15.00
FEET; THENCE RUN SOUTH 30°04'55" WEST ALONG SAID EASTERLY RIGHT OF
WAY LINE FOR A DISTANCE OF 5.00 FEET; THENCE CONTINUE SOUTH 30°04'55"
WEST A DISTANCE OF 3 5.00 FEET; THENCE SOUTH 5903 P38" EAST, A DISTANCE OF
1132.34 FEET TO THE POINT OF CURVATURE OF A CURVE TO THE RIGHT HAVING
A RADIUS OF 150.00 FEET; THENCE RUN SOUTHEASTERLY ALONG THE ARC OF
SAID CURVE THROUGH A CENTRAL ANGLE AT 60036'00" FOR AN ARC DISTANCE
OF 158.65 FEET TO THE POINT OF TANGENCY; THENCE SOUTH 01°04'22" WEST A
DISTANCE AT 146.91 FEET; THENCE SOUTH 24°59'41" WEST, A DISTANCE OF 318.72
FEET; THENCE SOUTH 00°00'00" EAST A DISTANCE OF 115.48 FEET; THENCE SOUTH
36055'21" EAST A DISTANCE OF 217.54 FEET; THENCE SOUTH 15019'53" EAST A
DISTANCE OF 140.49 FEET; THENCE SOUTH 02023'00 WEST A DISTANCE OF 556.34
FEET; THENCE SOUTH 07°25'15" WEST A DISTANCE OF 272.61 FEET; THENCE
4
ORLDOCS 19308870 4 21706.0065
SOUTH 29'30'05" WEST A DISTANCE OF 231.32 FEET; THENCE SOUTH 5091'58" WEST
A DISTANCE OF 1475.69 FEET TO THE NORTHEASTERLY RIGHT OF WAY LINE OF
STATE ROAD 434 ACCORDING TO FLORIDA DEPARTMENT OF TRANSPORTATION
RIGHT OF WAY MAP SECTION 77070-2516; THENCE CONTINUE SOUTH 50°31'58"
WEST FOR A DISTANCE OF 143.34 FEET TO A FOUND 1/2" IRON ROD & CAP (LB
6723) AND THE SOUTHWESTERLY RIGHT OF WAY LINE OF SAID STATE ROAD 434;
THENCE ALONG THE NORTHERLY BOUNDARY OF ACQUISITION PARCEL "A" AS
DESCRIBED IN OFFICIAL RECORDS BOOK 3988, PAGE 1075 OF THE PUBLIC
RECORDS OF SEMINOLE COUNTY, FLORIDA, SOUTH 49°30'36" WEST FOR A
DISTANCE OF 316.60 FEET TO A FOUND 4"X4" CONCRETE MONUMENT (LB 6723)
AND TO THE SOUTHWESTERLY CORNER OF LANDS DESCRIBED IN EXHIBIT "A"
(SWAP PARCEL 1) AS DESCRIBED IN OFFICIAL RECORDS BOOK 8856, PAGE 546 OF
THE PUBLIC RECORDS OF SEMINOLE COUNTY, FLORIDA; THENCE DEPARTING
SAID NORTHERLY BOUNDARY, ALONG THE WESTERLY BOUNDARY OF SAID
LANDS AND ALONG THE EASTERLY BOUNDARY OF LANDS DESCRIBED IN
EXHIBIT "A" (SWAP PARCEL 2) AS DESCRIBED IN OFFICIAL RECORDS BOOK 8856,
PAGE 553 OF THE PUBLIC RECORDS OF SEMINOLE COUNTY, FLORIDA, NORTH
39°47'59" WEST, A DISTANCE OF 659.32 FEET TO A FOUND 4"X4" CONCRETE
MONUMENT (LB 6723) AND THE WESTERLY RIGHT OF WAY OF THE C.S.X.
TRANSPORTATION INC. "LAKE CHARM BRANCH" RAIL CORRIDOR; SAID POINT
BEING A NON TANGENT CURVE CONCAVE NORTHEASTERLY, HAVING A RADIUS
OF 3707.33 FEET, AND A CHORD BEARING AND DISTANCE OF NORTH 03°26'01"
WEST, 73.37 FEET; THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE,
AND SAID WESTERLY RIGHT OF WAY, THROUGH A CENTRAL ANGLE OF 01°08'02"
FOR A DISTANCE OF 73.37 FEET TO A SET 5/8" IRON ROD AND CAP (LB 8071) AND
THE POINT OF BEGINNING; THENCE CONTINUE ALONG SAID NON TANGENT
CURVE CONCAVE NORTHEASTERLY, HAVING A RADIUS OF 3707.33 FEET, AND A
CHORD BEARING AND DISTANCE OF NORTH 02020'00" WEST, 29.41 FEET; THENCE
NORTHWESTERLY ALONG THE ARC OF SAID CURVE, AND SAID WESTERLY RIGHT
OF WAY, THROUGH A CENTRAL ANGLE OF 00°27'17" FOR A DISTANCE OF 29.42
FEET TO A FOUND 4"X4" CONCRETE MONUMENT (LB 220) ON THE EASTERLY
EXTENSION OF THE NORTH LINE OF LOT 17 OF SAID PLAT OF D.R. MITCHELL'S
SURVEY OF LEVY GRANT; THENCE CONTINUE ALONG SAID NON-TANGENT
CURVE CONCAVE NORTHEASTERLY, HAVING A RADIUS OF 3707.33 FEET, AND A
CHORD BEARING AND DISTANCE OF NORTH 01055'26" WEST, 31.04 FEET; THENCE
NORTHWESTERLY ALONG THE ARC OF SAID CURVE, AND SAID WESTERLY RIGHT
OF WAY, THROUGH A CENTRAL ANGLE OF 00°28'47" FOR A DISTANCE OF 31.04
FEET TO A SET 5/8" IRON ROD AND CAP (LB 8071), SAID POINT BEING ON A NON
TANGENT CURVE CONCAVE NORTHEASTERLY, HAVING A RADIUS OF 170,00
FEET, AND A CHORD BEARING AND DISTANCE OF NORTH 68°52'35" EAST, 63.61
FEET; THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE, THROUGH A
CENTRAL ANGLE OF 21°33'57" FOR A DISTANCE OF 63.99 FEET TO A SET 5/8" IRON
ROD AND CAP (LB 8071) AND TO THE END OF SAID CURVE; THENCE NORTH
49013'20" EAST, A DISTANCE OF 22.84 FEET TO A SET 5/8" IRON ROD AND CAP (LB
8071); THENCE NORTH 50°22'25" EAST, A DISTANCE OF 153.21 FEET TO THE
AFORESAID SOUTHWESTERLY RIGHT OF WAY OF SAID STATE ROAD 434; THENCE
5
ORLDOCS 19308870 4 21706.0065
ALONG SAID SOUTHWESTERLY RIGHT OF WAY, SOUTH 39°47'08" EAST, A
DISTANCE OF 72.00 FEET TO A SET 5/8" IRON ROD AND CAP (LB 8071); THENCE
SOUTH 50022'25" WEST, A DISTANCE OF 111.00 FEET TO A SET 5/8" IRON ROD AND
CAP (LB 8071); THENCE SOUTH 59'43'13" WEST, A DISTANCE OF 75.01 FEET TO A
SET 5/8" IRON ROD AND CAP (LB 8071), SAID POINT BEING THE BEGINNING OF A
NON TANGENT CURVE CONCAVE NORTHEASTERLY, HAVING A RADIUS OF 230.00
FEET, AND A CHORD BEARING AND DISTANCE OF SOUTH 70002'34" WEST, 93.83
FEET; THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE, THROUGH A
CENTRAL ANGLE OF 23032'22" FOR A DISTANCE OF 94.49 FEET TO THE POINT OF
BEGINNING.
6
ORLDOCS 19308870 4 21706.0065
GRANT MALOY, SEMINOLE COUNTY
CLERK OF CIRCUIT COURT& COMPTROLLER
CFN#2022025445 Bk:10181 Pg:971-990(20Pgs)
REC: 03/02/2022 8:24:17 AM by clones
RECORDING FEES $171.50
DEED TAX$0.70
Prepared by and return to:
Anthony A.Garganese,Esq,
Garganese,Weiss,D'Agresta&Salzman,P.A.
Post Office Box 2873
Orlando,Florida 32802-2873
Parcel ID: 26-20-30-5AR-OA00-008Q(portion)
DRAINAGE FACILITY EASEMENT AGREEMENT
This DRAINAGE FACILITY EASEMENT AGREEMENT (this "Easement
Agreement"), dated as of this / St— day of M A,r'c k ' , 2022, is made by and
between WINTER SPRINGS RETIREMENT RESIDENCE LLC, a Washington limited
liability company, whose address is 9310 NE Vancouver Mall Drive, Suite 200, Vancouver,WA
98662 ("Grantor'), and the CITY OF WINTER SPRINGS, FLORIDA, a Florida municipal
corporation organized and existing under the laws of the State of Florida, whose address is 1126
State Road 434,Winter Springs, FL 32708 ("Grantee'). The following statements are a material
part of this Easement Agreement:
WHEREAS,Grantor is the owner of the tract of land located in Seminole County,Florida,
as described on Exhibit A, attached hereto and incorporated herein for all purposes ("Grantor
Pro e1 "); and
WHEREAS,Grantee is the owner of the tract of land located in Seminole County,Florida,
as described on Exhibit B, attached hereto and incorporated herein for all purposes ("Grantee
Property"), which Grantor conveyed to Grantee; and
WHEREAS,Grantor has installed,and will maintain,certain drainage improvements over,
across and under a portion of Grantor's Property that service Grantor's Property, and also transmit
drainage flow generated from the Grantee Property; and
WHEREAS, Grantor desires to grant and Grantee desires to obtain an easement over,
through and across a portion of the Grantor Property for purposes of accessing the easement area
for purposes of allowing the Grantee drainage from the Grantee Property and inspection,operation
and maintenance rights of the drainage improvements on the Grantor Property under the limited
circumstances more fully described herein.
THEREFORE, in consideration of the covenants contained in this Easement Agreement
and other good and valuable consideration,the receipt of which is acknowledged,the parties agree
as follows:
ORLDOCS 19308872 4 21706.0065 1
l. Drainage Facility Easement. Grantor hereby grants to Grantee a permanent, non-
exclusive easement (the "Easement") over, across and under the portion of the Grantor Property
depicted on Exhibit C, attached hereto and incorporated herein (the "Easement Area") solely for
drainage purposes from the Grantee Property and conducting inspections and emergency operation
and maintenance of the stormwater pond and storm drain pipes and related equipment, facilities,
and conduits on the Grantor Property (the stormwater pond and storm drain pipes and related
equipment, facilities, and conduits on the Grantor Property referred to herein collectively as, the
"Drainage Improvements"). Grantee, through Grantee's officers, employees, contractors and
agents shall have the right to enter upon the Easement Area in such a manner as may be reasonably
necessary for the purposes above written, and said rights shall include the installation, operation,
maintenance, repair, and replacement of the Drainage Improvements in the event the Grantee
deems said actions are reasonably necessary due to a public emergency or Grantor's failure to
maintain the Drainage Improvements in good working order. Grantee agrees to use due care in the
use of the Easement, and as deemed reasonably necessary by Grantee for the purposes described
herein, in any installation, repair, replacement, operation and maintenance of the Drainage
Improvements located therein so as not to unreasonably disturb Grantor's use of the Grantor
Property.
2. Use and Maintenance of Easement. Grantor, through Grantor's officers,
employees, contractors and agents, at Grantor's sole cost and expense, shall primarily be
responsible for maintaining the Drainage Improvements in good working order at all times.
Additionally, Grantor shall also have the right, but not the obligation, to improve the Easement
Area by grading, paving, and placing lighting facilities, fencing, signage, sod, and other
landscaping within the Easement Area. Grantor covenants and agrees to properly maintain the
Easement and Drainage improvements in good working order at Grantor's sole cost and expense.
In the event that Grantor shall fail to repair, replace, maintain or restore the Easement, Drainage
Improvements or Easement Area for a period of ten(10)days after written notice from Grantee to
Grantor of Grantor's failure to repair,replace,maintain or restore the same,Grantee shall have the
right, but not the obligation, to perform such repairs, replacements, operation or maintenance.
Notwithstanding such written notice and ten(10)day period, in the event any repair,replacement,
operation or maintenance is immediately necessary due to a public emergency to prevent damage
or injury to persons or property,Grantee shall have the right,but not the obligation,to immediately
perform such repairs, replacements, operation or maintenance. In the event Grantee performs any
repairs, replacements, operation or maintenance for which Grantor is obligated, Grantee shall
promptly restore or replace the property physically disturbed or injured by Grantee's activities to
as close as possible to the condition of same prior to such disturbance or damage, including but
not limited to paving,sod,herbage,lighting standards,signage or landscaping within the Easement
Area or the Grantor Property. Further, Grantor shall be liable to Grantee for all sums expended
by Grantee in connection therewith.
3. Indemnity. To the extent permitted by law, each party to this Agreement, for itself
and its successors and assigns, shall indemnify, defend and hold harmless the other party to this
Agreement from and against any and all losses,liabilities(including strict liability),claims,causes
of action, damages, injuries, liens (including mechanic's liens and materialman's liens), expenses
and costs, including without limitation reasonable attorney's fees of any settlement,judgment or
claims of any and every kind whatsoever paid,incurred or suffered,in connection with any damage
ORLDOCS 19308872 4 21706.0065 2
or liability to persons or property caused by the negligent or intentional acts of the party during
use of the Easement Area by the party or the party's officers, employees, agents or contractors.
Notwithstanding,whenever applicable,the Grantee intends to avail itself of the rights of sovereign
immunity under section 768.28, Florida Statutes and other applicable law. Neither this paragraph
nor any other provision of this Agreement shall be construed as a waiver of sovereign immunity
by Grantee or a waiver of Grantee's police powers under applicable law.
4. Storm Water Requirements. hi exercising any rights and privileges under this
Easement Agreement, Grantor and Grantee shall comply with any federal, state or local laws,
regulations,ordinances,permits or other authorizations or approvals or other requirements relating
to storm water discharges or the control of erosion or sediment discharges from construction
projects, including but not limited to the Clean Water Act, 33 U.S.C. § 1251 et seq., and the Storm
Water General Permit for Discharges Associated with Construction Activities.
5. Licenses and Permits. Grantor shall secure,maintain and comply with all required
licenses, permits and certificates relating to, or otherwise necessary or appropriate for, the repair,
replacement, operation and maintenance of the Drainage Improvements and the use of the
Easement Area. Grantor shall comply with any and all applicable federal, state and local laws,
rules, regulations, statutes, codes, orders and ordinances, including, but not limited to, those
governing the prevention, abatement, and elimination of pollution and/or protection of the
environment and the employment of Grantor's workers. Grantor acknowledges that it is Grantor's
sole responsibility to obtain any governmental permits to perform any required maintenance
checks, and to abide by any governmental regulations associated with the use, construction,
patrolling, operation, replacement, and maintenance of the Drainage Improvements.
6. Liens. Grantee shall not permit any mechanic's or materialmen's liens to be filed
against the Easement Area by reason of any labor or materials supplied or used in connection with
the any work performed thereon by or on behalf of Grantee, and in the event any such lien shall
be filed against the Easement Area, then Grantee shall within ninety (90) days after the filing
thereof cause such lien to be discharged of record.
7. Binding Agreement; No Third Party Beneficiaries. The easements, restrictions,
rights and obligations created pursuant to the terms of this Easement Agreement shall run with and
be binding upon the Easement Area and all entities having or acquiring any right, title or interest
in such property, in favor of Grantee and its successors and assigns. This Agreement is intended
for the benefit of the parties hereto and their respective permitted successors and assigns, and is
not for the benefit of, nor may any provision hereof be enforced by, any other person.
8. Warranty of Title. Grantor hereby warrants that: (i) Grantor owns the fee simple
title to the Property, (ii) Grantor has good right and lawful authority to convey the Easement
granted herein, and(iii) the Property is not encumbered by any mortgages or other matters which
would prohibit the use of the Easement Area for the purposes contemplated herein.
9. Litigation and Attorneys Fees. In the event it shall be necessary for Grantor or
Grantee to bring suit for specific performance or damages or to enforce any provision hereof, each
party shall bear their own attorney's fees and costs.
ORLDOCS 19308872 4 21706.0065 3
10. Governing Law. This Easement Agreement shall be governed by and construed in
accordance with the laws of the State of Florida.
11. No Further Dedication. No portion of the Grantor Property shall be deemed a gift
or dedication to the general public, or for any public use,or purpose whatsoever. Except as herein
specifically provided, no rights, privileges, or immunities of any party hereto shall inure to the
benefit of any third party, nor shall any third party be deemed to be a beneficiary of any of the
provisions contained in this Easement Agreement.
12. Severability. If any provision of this Easement Agreement is held to be invalid
void or unenforceable, the remaining provisions will nonetheless remain in full force and effect
and not be affected by the invalidity or illegality.
13. Entire Agreement; Amendment. This Easement Agreement contains the entire
agreement of the parties regarding the subject matter hereof and may be amended only by a
recordable written instrument properly executed and notarized on behalf of Grantor and Grantee
or their respective successors and assigns.
[Remainder of page intentionally left blank]
[SIGNATURES APPEAR ON THE FOLLOWING PAGES]
ORLDOCS 19308872 4 21706.0065 4
IN WITNESS WHEREOF, the parties hereto have executed this instrument the day and
year first written above.
GRANTOR:
Signed, sealed and delivered WINTER SPRINGS RETIREMENT
in the presence of: RESIDENCE LLC, a Washington limited
liability company
Print Nine: G l� Cs►�awi o
By: Z'Zz
Name: Alan Spragins
Title: Chief Operating Officer
Print Name: W
STATE OF WASHINGTON )
ss:
COUNTY OF KING )
On this, the �/ day of , 2022, before me by means of
physical presence or o online notarization,'a Notar ublic, the undersigned officer, personally
appeared Alan Spragins, who acknowledged himself as the Chief Operating Officer of WINTER
SPRINGS RETIREMENT RESIDENCE LLC, a Washington limited liability company, and
that he, in such capacity, being authorized to do so, executed the foregoing instrument for the
purposes therein contained by signing on behalf of said entity.
IN WITNESS WHEREOF, I hereunto set my hand and official seal.
ad�
EJACQUERCHVILLE
Notary Public PublicOF State of Washington shington
# 2077671es Jun 1, 2023
My commission expires: 3
ORLDOCS 19308872 4 21706.0065 5
GRANTEE:
CITY OF WINTER SP LORIDA
ATTEST: By:
Shawn Boyle >t Manager
By:
Christian Gown, City Clerk
�J
Date: 2 ( Z P /z d T-7—
(SEAL) r>
STATE OF FLORIDA
COUNTY OF SEMINOLE
The foregoing instrument was acknowledged before me by means of erphysical presence
or ❑ online notarization, this Zg"~ day of Feb����� , 2022, by Shawn Boyle, City
Manager of the CITY OF WINTER SPRINGS, FLORIDA who is personally known to me.
Notary Public PrintName:&r'2
My Commission expires:
EPublic State or Florida
ian D Gowanmmission GG 913234 00/15/2023
ORLDOCS 19308872 4 21706.0065
CONSENT AND JOINDER OF MORTGAGEE
The undersigned, PNC BANK, NATIONAL ASSOCIATION, ("Mortgagee"), the
Mortgagee under that certain Construction Mortgage, Security Agreement and Fixture Filing dated
June 12,2019,and recorded at Official Records Book 9372,Page 1463,Assignor under that certain
Assignment of Leases and Rents dated June 12,2019,and recorded at Official Records Book 9372,
Page 1487, and Secured Party under that certain UCC Financing Statement recorded at Official
Records Book 9372, Page 1498, all of Seminole County, Florida, hereby consents and joins in the
foregoing Drainage Facility Easement Agreement, solely for the purpose of subordinating its
mortgage lien encumbering all or any part of the Easement Area (as described in the foregoing
Easement Agreement) to the Easement described in the foregoing Easement Agreement.
IN WITNESS WHEREOF, this Consent and Joinder is executed by the undersigned this
day of F , 2022.
Witnesses: PNC BANK,NATIONAL ASSOCIATION
By:
&Q-&VAO:�
Print Name: -e Print Name: Owen Socher
Title: Loan Officer
l�--J Address: Document Control Center, 500 First Ave.,
Print Name: A19, Pittsburgh, PA 15219
ORLDOCS 19308872 4 21706.0065 7
MORTGAGEE ACKNOWLEDGEMENT-CONSENT AND JOINDER OF MORTGAGEE
STATE OF COLORADO )
ss:
COUNTY OF Or y\\J r,Y )
The foregoing instrument was acknowledged before me, a Notary Public,this day
of �� c�M , 2022, by Owen Socher, a Loan Officer of PNC Bank, National
Association, a nat' nal banking association.
WITNESS my hand and official seal.
[SEAL]
N tar P blic
My commission expires:
LORI KRISTEN HOWELL
Notary Public
State of Colorado
Notary ID # 20204011760
My Commission Expires 03:27-2024
`owen Soo)ey-
'a -�- ��Llb2-2
ORLDOCS 19308871 521706.0065
EXHIBIT "A"
GRANTOR'S PROPERTY
PARCEL 1:
THAT PART OF LOT 8 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 THRU 49 OF SAID PUBLIC
RECORDS, SAID POINT BEING A RECOVERED CONCRETE MONUMENT ON THE
EASTERLY RIGHT OF WAY LINE OF TUSKAWILLA ROAD (FORMERLY BRANTLEY
AVENUE) AS RECORDED IN OFFICIAL RECORDS BOOK 3225, PAGE 1829 OF SAID
PUBLIC RECORDS; THENCE RUN NORTH 59°3P38" WEST ALONG THE WESTERLY
PROLONGATION OF THE SOUTH LINE OF SAID LOT 31 FOR A DISTANCE OF 15.00
FEET; THENCE RUN SOUTH 30°04'55" WEST ALONG SAID EASTERLY RIGHT OF
WAY LINE FOR A DISTANCE OF 5.00 FEET; THENCE CONTINUE SOUTH 30°04'55"
WEST A DISTANCE OF 35.00 FEET; THENCE S 5991'38" E, A DISTANCE OF 1132.34
FEET TO THE POINT OF CURVATURE OF A CURVE TO THE RIGHT HAVING A
RADIUS OF 150.00 FEET; THENCE RUN SOUTHEASTERLY ALONG THE ARC OF SAID
CURVE THROUGH A CENTRAL ANGLE AT 60036'00" FOR AN ARC DISTANCE OF
158.65 FEET TO THE POINT OF TANGENCY; THENCE SOUTH 01°04'22" WEST A
DISTANCE AT 146.91 FEET; THENCE SOUTH 24°59'41" W, A DISTANCE OF 318.72
FEET; THENCE SOUTH 00°00'00" EAST A DISTANCE OF 115.48 FEET; THENCE SOUTH
36055'21" EAST A DISTANCE OF 217.54 FEET; THENCE SOUTH 15019'53" EAST A
DISTANCE OF 140.49 FEET; THENCE SOUTH 02°23'00 WEST A DISTANCE OF 556.34
FEET; THENCE SOUTH 07'25'15" WEST A DISTANCE OF 272.61 FEET; THENCE
SOUTH 29030'05" WEST A DISTANCE OF 231.32 FEET; THENCE SOUTH 50°31'58"
WEST A DISTANCE OF 1475.69 FEET TO THE NORTHEASTERLY RIGHT OF WAY
LINE OF STATE ROAD 434 ACCORDING TO FLORIDA DEPARTMENT OF
TRANSPORTATION RIGHT OF WAY MAP SECTION 77070-2516; THENCE CONTINUE
SOUTH 50031'58" WEST FOR A DISTANCE OF 143.34 FEET TO A FOUND 1/2" IRON
ROD &CAP (LB 6723) AND THE SOUTHWESTERLY RIGHT OF WAY LINE OF SAID
STATE ROAD 434, ALSO BEING THE POINT OF BEGINNING; THENCE ALONG THE
NORTHERLY BOUNDARY OF ACQUISITION PARCEL "A" AS DESCRIBED IN
OFFICIAL RECORDS BOOK 3988, PAGE 1075 OF THE PUBLIC RECORDS OF
SEMINOLE COUNTY, FLORIDA, SOUTH 49030-36" WEST FOR A DISTANCE OF 316.60
FEET TO A FOUND 4"X4" CONCRETE MONUMENT (LB 6723) AND TO THE
SOUTHWESTERLY CORNER OF LANDS DESCRIBED IN EXHIBIT "A" (SWAP PARCEL
1)AS DESCRIBED IN OFFICIAL RECORDS BOOK 8856, PAGE 546 OF THE PUBLIC
RECORDS OF SEMINOLE COUNTY, FLORIDA; THENCE DEPARTING SAID
NORTHERLY BOUNDARY, ALONG THE WESTERLY BOUNDARY OF SAID LANDS
AND ALONG THE EASTERLY BOUNDARY OF LANDS DESCRIBED IN EXHIBIT "A"
(SWAP PARCEL 2) AS DESCRIBED IN OFFICIAL RECORDS BOOK 8856, PAGE 553 OF
ORLDOCS 19308872 4 21706.0065 8
THE PUBLIC RECORDS OF SEMINOLE COUNTY, FLORIDA,NORTH 39°47'59" WEST,
A DISTANCE OF 659.32 FEET TO A FOUND 4"X4" CONCRETE MONUMENT(LB 6723)
AND THE WESTERLY RIGHT OF WAY OF THE C.S.X. TRANSPORTATION INC. "LAKE
CHARM BRANCH" RAIL CORRIDOR; SAID POINT BEING A NON TANGENT CURVE
CONCAVE NORTHEASTERLY, HAVING A RADIUS OF 3707.33 FEET, AND A CHORD
BEARING AND DISTANCE OF NORTH 03026'01" WEST, 73.37 FEET; THENCE
NORTHWESTERLY ALONG THE ARC OF SAID CURVE, AND SAID WESTERLY RIGHT
OF WAY, THROUGH A CENTRAL ANGLE OF 01008'02" FOR A DISTANCE OF 73.37
FEET TO A SET 5/8" IRON ROD AND CAP (LB 8071) AND THE END OF SAID CURVE;
THENCE DEPARTING SAID WESTERLY RIGHT OF WAY,ALONG A CURVE
CONCAVE NORTHERLY, HAVING A RADIUS OF 230.00 FEET, AND A CHORD
BEARING AND DISTANCE OF NORTH 70002'34" EAST, 93.83 FEET; THENCE
NORTHEASTERLY ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL
ANGLE OF 23032'22" FOR A DISTANCE OF 94.49 FEET TO A SET 5/8" IRON ROD AND
CAP (LB 8071)AND THE END OF SAID CURVE; THENCE NORTH 59°43'13" EAST, A
DISTANCE OF 75.01 FEET TO A SET 5/8" IRON ROD AND CAP (LB 8071); THENCE
NORTH 50022'25" EAST, A DISTANCE OF 111.00 FEET TO A SET 5/8" IRON ROD AND
CAP (LB 8071) AND TO THE AFORESAID SOUTHWESTERLY RIGHT OF WAY OF SAID
STATE ROAD 434; THENCE ALONG SAID SOUTHWESTERLY RIGHT OF WAY, SOUTH
39047'08" EAST, A DISTANCE OF 669.99 FEET TO THE POINT OF BEGINNING,
ORLDOCS 19308872 4 21706.0065 9
EXHIBIT"B"
GRANTEE'S PROPERTY
PARCEL 2:
THAT PART OF LOT 8 BLOCK "A", OF TUSKAWILLA, ACCORDING TO THE PLAT OF
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 THRU 49 OF SAID PUBLIC
RECORDS, SAID POINT BEING A RECOVERED CONCRETE MONUMENT ON THE
EASTERLY RIGHT OF WAY LINE OF TUSKAWILLA ROAD (FORMERLY BRANTLEY
AVENUE) AS RECORDED IN OFFICIAL RECORDS BOOK 3225, PAGE 1829 OF SAID
PUBLIC RECORDS; THENCE RUN NORTH 599 F38" WEST ALONG THE WESTERLY
PROLONGATION OF THE SOUTH LINE OF SAID LOT 31 FOR A DISTANCE OF 15.00
FEET; THENCE RUN SOUTH 30°04'55" WEST ALONG SAID EASTERLY RIGHT OF
WAY LINE FOR A DISTANCE OF 5.00 FEET; THENCE CONTINUE SOUTH 30°04'55"
WEST A DISTANCE OF 3 5.00 FEET; THENCE SOUTH 5991'38" EAST, A DISTANCE OF
1132.34 FEET TO THE POINT OF CURVATURE OF A CURVE TO THE RIGHT HAVING
A RADIUS OF 150.00 FEET; THENCE RUN SOUTHEASTERLY ALONG THE ARC OF
SAID CURVE THROUGH A CENTRAL ANGLE AT 60036'00" FOR AN ARC DISTANCE
OF 158.65 FEET TO THE POINT OF TANGENCY; THENCE SOUTH 01°04'22" WEST A
DISTANCE AT 146.91 FEET; THENCE SOUTH 24°59'41" WEST, A DISTANCE OF 318.72
FEET; THENCE SOUTH 00°00'00" EAST A DISTANCE OF 115.48 FEET; THENCE SOUTH
36055'21" EAST A DISTANCE OF 217.54 FEET; THENCE SOUTH 15'19'53" EAST A
DISTANCE OF 140.49 FEET; THENCE SOUTH 02°23'00 WEST A DISTANCE OF 556.34
FEET; THENCE SOUTH 07025'15" WEST A DISTANCE OF 272.61 FEET; THENCE
SOUTH 29'30'05" WEST A DISTANCE OF 231.32 FEET; THENCE SOUTH 50°31'58" WEST
A DISTANCE OF 1475.69 FEET TO THE NORTHEASTERLY RIGHT OF WAY LINE OF
STATE ROAD 434 ACCORDING TO FLORIDA DEPARTMENT OF TRANSPORTATION
RIGHT OF WAY MAP SECTION 77070-2516; THENCE CONTINUE SOUTH 5003 F58"
WEST FOR A DISTANCE OF 143.34 FEET TO A FOUND 1/2" IRON ROD & CAP (LB
6723) AND THE SOUTHWESTERLY RIGHT OF WAY LINE OF SAID STATE ROAD 434;
THENCE ALONG THE NORTHERLY BOUNDARY OF ACQUISITION PARCEL "A" AS
DESCRIBED IN OFFICIAL RECORDS BOOK 3988, PAGE 1075 OF THE PUBLIC
RECORDS OF SEMINOLE COUNTY, FLORIDA, SOUTH 49°30'36" WEST FOR A
ORLDOCS 19308872 4 21706.0065 10
DISTANCE OF 316.60 FEET TO A FOUND 4"X4" CONCRETE MONUMENT (LB 6723)
AND TO THE SOUTHWESTERLY CORNER OF LANDS DESCRIBED IN EXHIBIT "A"
(SWAP PARCEL 1) AS DESCRIBED IN OFFICIAL RECORDS BOOK 8856, PAGE 546 OF
THE PUBLIC RECORDS OF SEMINOLE COUNTY, FLORIDA; THENCE DEPARTING
SAID NORTHERLY BOUNDARY,ALONG THE WESTERLY BOUNDARY OF SAID
LANDS AND ALONG THE EASTERLY BOUNDARY OF LANDS DESCRIBED IN
EXHIBIT "A" (SWAP PARCEL 2) AS DESCRIBED IN OFFICIAL RECORDS BOOK 8856,
PAGE 553 OF THE PUBLIC RECORDS OF SEMINOLE COUNTY, FLORIDA,NORTH
39°47'59" WEST, A DISTANCE OF 659.32 FEET TO A FOUND 4"X4" CONCRETE
MONUMENT(LB 6723) AND THE WESTERLY RIGHT OF WAY OF THE C.S.X.
TRANSPORTATION INC. "LAKE CHARM BRANCH" RAIL CORRIDOR; SAID POINT
BEING A NON TANGENT CURVE CONCAVE NORTHEASTERLY, HAVING A RADIUS
OF 3 707.3 3 FEET, AND A CHORD BEARING AND DISTANCE OF NORTH 03°2601"
WEST, 73.37 FEET; THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE,
AND SAID WESTERLY RIGHT OF WAY, THROUGH A CENTRAL ANGLE OF 01°08'02"
FOR A DISTANCE OF 73.37 FEET TO A SET 5/8" IRON ROD AND CAP (LB 8071)AND
THE POINT OF BEGINNING; THENCE CONTINUE ALONG SAID NON TANGENT
CURVE CONCAVE NORTHEASTERLY, HAVING A RADIUS OF 3707.33 FEET,AND A
CHORD BEARING AND DISTANCE OF NORTH 02020'00" WEST, 29.41 FEET; THENCE
NORTHWESTERLY ALONG THE ARC OF SAID CURVE, AND SAID WESTERLY RIGHT
OF WAY, THROUGH A CENTRAL ANGLE OF 00-2717" FOR A DISTANCE OF 29.42
FEET TO A FOUND 4"X4" CONCRETE MONUMENT(LB 220) ON THE EASTERLY
EXTENSION OF THE NORTH LINE OF LOT 17 OF SAID PLAT OF D.R. MITCHELL'S
SURVEY OF LEVY GRANT; THENCE CONTINUE ALONG SAID NON-TANGENT
CURVE CONCAVE NORTHEASTERLY, HAVING A RADIUS OF 3707.33 FEET, AND A
CHORD BEARING AND DISTANCE OF NORTH 01055'26" WEST, 31.04 FEET; THENCE
NORTHWESTERLY ALONG THE ARC OF SAID CURVE, AND SAID WESTERLY RIGHT
OF WAY, THROUGH A CENTRAL ANGLE OF 00028'47" FOR A DISTANCE OF 31.04
FEET TO A SET 5/8" IRON ROD AND CAP (LB 8071), SAID POINT BEING ON A NON
TANGENT CURVE CONCAVE NORTHEASTERLY, HAVING A RADIUS OF 170.00
FEET, AND A CHORD BEARING AND DISTANCE OF NORTH 68052'35" EAST, 63.61
FEET; THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE, THROUGH A
CENTRAL ANGLE OF 21"33'57" FOR A DISTANCE OF 63.99 FEET TO A SET 5/8" IRON
ROD AND CAP (LB 8071) AND TO THE END OF SAID CURVE; THENCE NORTH
490 13'20" EAST, A DISTANCE OF 22.84 FEET TO A SET 5/8" IRON ROD AND CAP (LB
8071); THENCE NORTH 50"22'25" EAST, A DISTANCE OF 153.21 FEET TO THE
AFORESAID SOUTHWESTERLY RIGHT OF WAY OF SAID STATE ROAD 434; THENCE
ALONG SAID SOUTHWESTERLY RIGHT OF WAY, SOUTH 39047'08" EAST, A
DISTANCE OF 72.00 FEET TO A SET 5/8" IRON ROD AND CAP (LB 8071); THENCE
SOUTH 50022'25" WEST, A DISTANCE OF 111.00 FEET TO A SET 5/8" IRON ROD AND
ORLDOCS 19308872 4 21706.0065 11
CAP (LB 8071); THENCE SOUTH 59°43'13" WEST, A DISTANCE OF 75.01 FEET TO A
SET 5/8" IRON ROD AND CAP (LB 8071), SAID POINT BEING THE BEGINNING OF A
NON TANGENT CURVE CONCAVE NORTHEASTERLY, HAVING A RADIUS OF 230.00
FEET, AND A CHORD BEARING AND DISTANCE OF SOUTH 70°02'34" WEST, 93.83
FEET; THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE, THROUGH A
CENTRAL ANGLE OF 23032'22" FOR A DISTANCE OF 94.49 FEET TO THE POINT OF
BEGINNING.
ORLDOCS 19308872 4 21706.0065 12
EXHIBIT"C"
EASEMENT AREA
ORLDOCS 19308872 4 21706.0065 13
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GRANT MALOY, SEMINOLE COUNTY
CLERK OF CIRCUIT COURT a COMPTROLLER
CFN#2022025446 Bk:10181 Pg:991-1005(15Pgs)
REC: 03/02/2022 8:24:18 AM by clones
RECORDING FEES $129.00
DEED TAX$0.70
Prepared by and return to:
Anthony A.Garganese,Esq.
Garganese,Weiss,D'Agresta&Salzman,P.A.
P.O.Box 2873
Orlando,FL 32802-2873
UTILITY EASEMENT AGREEMENT
THIS UTILITY EASEMENT AGREEMENT ("Easement") is made and entered into
this 13 �— day of M*-CAN , 2022, by and between WINTER SPRINGS
RETIREMENT RESIDENCE LLC, a Washington limited liability company,("Grantor" or
"Owner") whose mailing address is 9310 NE Vancouver Mall Drive, Suite 200, Vancouver, WA
98662, and the CITY OF WINTER SPRINGS, FLORIDA, a Florida municipal corporation
("Grantee")whose address is 1126 East State Road 434,Winter Springs,FL 32708 ("Grantee" or
"City").
WITNESSETH:
WHEREAS, Grantor is the owner of that certain real property located in Winter Springs,
Seminole County, Florida, more particularly described as set forth on Exhibit "A" attached
hereto and incorporated herein by this reference (the "Property"); and
WHEREAS, Grantor desires to grant and convey unto Grantee a non-exclusive public
utility easement to, over, under, upon, across and through that certain portion of the Property
which is described on Exhibit "B" attached hereto (hereinafter referred to as the "Easement
Area"), for the operation, maintenance, replacement and repair of a lift station and such other
related utilities infrastructure including, but not limited to, generators, drainage and water/sewer
lines, mains, pipes, pumps, valves, wires, structures, electrical controls, cables and similar
appurtenances,by City, or its employees, agents or designees (the"Utilities"); and
WHEREAS, Grantor warrants that it has full authority to grant this easement.
NOW, THEREFORE, for and in consideration of the mutual covenants and agreements
contained herein and other good and valuable consideration, the receipt and sufficiency of which
are hereby acknowledged, Grantor and Grantee hereby agree as follows:
1. Recitals. The foregoing recitals are true and correct and are incorporated herein by this
reference.
2. Grant of Easement by Grantor. Grantor does hereby create, grant, convey and declare to
exist a non-exclusive Easement to, over, under, upon, across and through the Easement Area for
the purpose of operation, maintenance, replacement and repair of the Utilities for the benefit of
the public.
ORLDOCS 193088714 21706.0065
3. Incidental Rights. The Easement hereby created and granted includes the creation of all
incidental rights reasonably necessary for Grantee's use and enjoyment of the Easement Area for
its intended purposes; including, specifically, the right of entry for Grantee to use and enjoy the
Easement Area and operate, maintain, replace and repair the Utilities at Grantee's sole discretion
and cost.
4. Maintenance Expenses. City shall bear the entire cost and expense of any repair,
alteration, replacement or removal activities related to the Utilities performed within the
Easement Area. The City shall also, at City's cost and expense, restore the Property and
Easement Area to the condition which existed on Grantor's Property prior to any such repair,
alteration, replacement or removal activities, including but not limited to, revegetation,
resodding, repaving, or removal of debris or dirt caused by or resulting from such activities, wear
and tear excepted.
5. Use. Use of the Easement Area and entry upon the Property will at all times conform to
and comply with the terms of this Easement and all applicable governmental regulations now in
existence or hereafter created.
6. Duration. The Easement hereby granted and conveyed to, over, under, upon, across, and
through the Easement Area shall be perpetual in duration.
7. Warranty of Title. Grantor hereby warrants that: (i) Grantor owns the fee simple title to
the Property, (ii) Grantor has good right and lawful authority to convey the Easement granted
herein, and (iii) the Property is not encumbered by any mortgages or other matters which would
prohibit the use of the Easement Area for the purposes contemplated herein.
8. Litigation and Attorneys Fees. In the event it shall be necessary for Grantor or Grantee
to bring suit for specific performance or damages or to enforce any provision hereof, each party
shall bear their own attorney's fees and costs.
9. Governing Law. The Easement shall be governed by and construed in accordance with
the laws of the State of Florida.
10. Recordation. The original of this agreement shall be recorded in the Public Records of
Seminole County, Florida, at the expense of the Grantee.
11. Binding Agreement; No Third Party Beneficiaries. The easements, restrictions, rights
and obligations created pursuant to the terms of this Easement Agreement shall run with and be
binding upon the Easement Area and all entities having or acquiring any right, title or interest in
such property, in favor of Grantee and its successors and assigns. This Agreement is intended
for the benefit of the parties hereto and their respective permitted successors and assigns, and is
not for the benefit of,nor may any provision hereof be enforced by, any other person.
[SIGNATURES APPEAR ON THE FOLLOWING PAGES]
ORLDOCS 193088714 21706.0065 2
IN WITNESS WHEREOF, Grantor and Grantee have caused this Utility Easement to be
executed in manner and form sufficient to bind them as of the date and year first above written.
GRANTOR:
Signed, sealed and delivered WINTER SPRINGS RETIREMENT
in the presence o£ RESIDENCE LLC, a Washington limited
liability company
Print Nam
By:
Name: Alan Spragins
� Title: Chief Operating Officer
Print Name:
STATE OF WASHINGTON )
ss:
COUNTY OF KING )
On this, the day of , 2022, before me by means ofr
physical presence or ❑ online notarization, a Na Public, the undersigned officer, personally
appeared Alan Spragins, who acknowledged himself as the Chief Operating Officer of WINTER
SPRINGS RETIREMENT RESIDENCE LLC, a Washington limited liability company, and
that he, in such capacity, being authorized to do so, executed the foregoing instrument for the
purposes therein contained by signing on behalf of said entity.
IN ESS WHEREOF, I hereunto set my hand and official seal.
EJACQUE CHURCHV]2023
No U C Notary Public
OF State of Washington e of Washingmission#20My commission expires: . Expires Ju
ORLDOCS 19308871 4 21706.0065 3
GRANTEE:
CITY OF W1NT P G SFLORIDA
ATTEST:
By:
By: Shawn Boyle, anager
Christian Gowan, City Cleric
DATE: Z I2 �' `2a 2'Z %�1
(SEAL)
STATE OF FLORIDA
COUNTY OF SEMINOLE
The foregoing instrument was acknowledged before me by means of'A physical presence
or ❑ online notarization, this ZE4`% day of Fe6rt—1 2022, by Shawn Boyle, City
Manager of the City of Winter Springs, Florida, who is personally known to me.
v
Notary Public—State of Florida
Print Name: C/�,,•,r�,a„ 6 0 ..Ja-.�
My Commission expires:
=tj �Eoxpae.
y Public Stste of Florida
stian D Gowan
ommission GG 913234 0911512023
ORLDOCS 193088714 21706.0065 4
CONSENT AND JOINDER OF MORTGAGEE
The undersigned, PNC BANK, NATIONAL ASSOCIATION, ("Mortgagee"), the
Mortgagee under that certain Construction Mortgage, Security Agreement and Fixture Filing
dated June 12, 2019, and recorded at Official Records Book 9372, Page 1463, Assignor under
that certain Assignment of Leases and Rents dated June 12, 2019, and recorded at Official
Records Book 9372, Page 1487, and Secured Party under that certain UCC Financing Statement
recorded at Official Records Book 9372, Page 1498, all of Seminole County, Florida, hereby
consents and joins in the foregoing Utility Easement Agreement, solely for the purpose of
subordinating its mortgage lien encumbering all or any part of the Easement Area (as described
in the foregoing Utility Easement Agreement) to the Easement described in the foregoing Utility
Easement Agreement.
IN WITNESS WHEREOF,this Consent and Joinder is executed by the undersigned this
day of -Ct rj 2022.
Witnesses: PNC BANK,NATIONAL ASSOCIATION
By:
Print Na ip Print Name: Owen Socher
Title: Loan Officer
Print Name: AI 'I Address: Document Control Center, 500 First Ave.,
Pittsburgh,PA 15219
ORLDOCS 19308871 4 21706.0065 5
MORTGAGEE ACKNOWLEDGEMENT-CONSENT AND JOINDER OF MORTGAGEE
STATE OF COLORADO )
ss:
COUNTY OF '( ee 1\/Cr )
The foregoing instrument was acknowledged before me, a Notary Public,this '�4 day
of c , 2022, by Owen Socher, a Loan Officer of PNC Bank, National
Association, a nat'onal banking association.
WITNESS my hand and official seal.
[SEAL]
N ar P >blic
My commission expires: 3
LORI KRISTEN HOWELL
Notary Public
State of Colorado
Notary ID # 20204011760
My Commission Expires 03:27 2024
ORLDOCS 19308872 4 21706.0065
EXHIBIT "A"
PROPERTY
PARCEL I:
THAT PART OF LOT 8 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 THRU 49 OF SAID PUBLIC
RECORDS, SAID POINT BEING A RECOVERED CONCRETE MONUMENT ON THE
EASTERLY RIGHT OF WAY LINE OF TUSKAWILLA ROAD (FORMERLY BRANTLEY
AVENUE) AS RECORDED IN OFFICIAL RECORDS BOOK 3225, PAGE 1829 OF SAID
PUBLIC RECORDS; THENCE RUN NORTH 5991'38" WEST ALONG THE WESTERLY
PROLONGATION OF THE SOUTH LINE OF SAID LOT 31 FOR A DISTANCE OF 15.00
FEET; THENCE RUN SOUTH 30°04'55" WEST ALONG SAID EASTERLY RIGHT OF
WAY LINE FOR A DISTANCE OF 5.00 FEET; THENCE CONTINUE SOUTH 30°04'55"
WEST A DISTANCE OF 35.00 FEET; THENCE S 599 F38" E, A DISTANCE OF 1132.34
FEET TO THE POINT OF CURVATURE OF A CURVE TO THE RIGHT HAVING A
RADIUS OF 150.00 FEET; THENCE RUN SOUTHEASTERLY ALONG THE ARC OF SAID
CURVE THROUGH A CENTRAL ANGLE AT 60036'00" FOR AN ARC DISTANCE OF
158.65 FEET TO THE POINT OF TANGENCY; THENCE SOUTH 01°04'22" WEST A
DISTANCE AT 146.91 FEET; THENCE SOUTH 24059'41" W, A DISTANCE OF 318.72
FEET; THENCE SOUTH 00°00'00" EAST A DISTANCE OF 115.48 FEET; THENCE SOUTH
36055'21" EAST A DISTANCE OF 217.54 FEET; THENCE SOUTH 15'19'53" EAST A
DISTANCE OF 140.49 FEET; THENCE SOUTH 02°23'00 WEST A DISTANCE OF 556.34
FEET; THENCE SOUTH 07025'15" WEST A DISTANCE OF 272.61 FEET; THENCE
SOUTH 29030'05" WEST A DISTANCE OF 231.32 FEET; THENCE SOUTH 50031'58"
WEST A DISTANCE OF 1475.69 FEET TO THE NORTHEASTERLY RIGHT OF WAY
LINE OF STATE ROAD 434 ACCORDING TO FLORIDA DEPARTMENT OF
TRANSPORTATION RIGHT OF WAY MAP SECTION 77070-2516; THENCE CONTINUE
SOUTH 50031'58" WEST FOR A DISTANCE OF 143.34 FEET TO A FOUND 1/2" IRON
ROD & CAP (LB 6723)AND THE SOUTHWESTERLY RIGHT OF WAY LINE OF SAID
STATE ROAD 434, ALSO BEING THE POINT OF BEGINNING; THENCE ALONG THE
NORTHERLY BOUNDARY OF ACQUISITION PARCEL "A" AS DESCRIBED IN
OFFICIAL RECORDS BOOK 3988, PAGE 1075 OF THE PUBLIC RECORDS OF
SEMINOLE COUNTY, FLORIDA, SOUTH 49030'36" WEST FOR A DISTANCE OF 316.60
FEET TO A FOUND 4"X4" CONCRETE MONUMENT(LB 6723) AND TO THE
SOUTHWESTERLY CORNER OF LANDS DESCRIBED IN EXHIBIT "A" (SWAP PARCEL
1) AS DESCRIBED IN OFFICIAL RECORDS BOOK 8856, PAGE 546 OF THE PUBLIC
RECORDS OF SEMINOLE COUNTY, FLORIDA; THENCE DEPARTING SAID
NORTHERLY BOUNDARY, ALONG THE WESTERLY BOUNDARY OF SAID LANDS
AND ALONG THE EASTERLY BOUNDARY OF LANDS DESCRIBED IN EXHIBIT "A"
(SWAP PARCEL 2)AS DESCRIBED IN OFFICIAL RECORDS BOOK 8856, PAGE 553 OF
THE PUBLIC RECORDS OF SEMINOLE COUNTY, FLORIDA,NORTH 39°47'59" WEST,
ORLDOCS 19308871 4 21706.0065 6
z
A DISTANCE OF 659.32 FEET TO A FOUND 4"X4" CONCRETE MONUMENT(LB 6723)
AND THE WESTERLY RIGHT OF WAY OF THE C.S.X. TRANSPORTATION INC. "LAKE
CHARM BRANCH" RAIL CORRIDOR; SAID POINT BEING A NON TANGENT CURVE
CONCAVE NORTHEASTERLY, HAVING A RADIUS OF 3707.33 FEET, AND A CHORD
BEARING AND DISTANCE OF NORTH 0302601" WEST, 73.37 FEET; THENCE
NORTHWESTERLY ALONG THE ARC OF SAID CURVE,AND SAID WESTERLY RIGHT
OF WAY, THROUGH A CENTRAL ANGLE OF 01 008'02" FOR A DISTANCE OF 73.37
FEET TO A SET 5/8" IRON ROD AND CAP (LB 8071)AND THE END OF SAID CURVE;
THENCE DEPARTING SAID WESTERLY RIGHT OF WAY, ALONG A CURVE
CONCAVE NORTHERLY, HAVING A RADIUS OF 230.00 FEET,AND A CHORD
BEARING AND DISTANCE OF NORTH 70002'34" EAST, 93.83 FEET; THENCE
NORTHEASTERLY ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL
ANGLE OF 23032'22" FOR A DISTANCE OF 94.49 FEET TO A SET 5/8" IRON ROD AND
CAP (LB 8071)AND THE END OF SAID CURVE; THENCE NORTH 59043'13" EAST, A
DISTANCE OF 75.01 FEET TO A SET 5/8" IRON ROD AND CAP (LB 8071); THENCE
NORTH 50022'25" EAST, A DISTANCE OF 111.00 FEET TO A SET 5/8" IRON ROD AND
CAP (LB 8071)AND TO THE AFORESAID SOUTHWESTERLY RIGHT OF WAY OF SAID
STATE ROAD 434; THENCE ALONG SAID SOUTHWESTERLY RIGHT OF WAY, SOUTH
39-47-08" EAST, A DISTANCE OF 669.99 FEET TO THE POINT OF BEGINNING.
ORLDOCS 19308871 4 21706.0065 7
EXHIBIT "B"
EASEMENT AREA
ORLDOCS 193088714 21706.0065 8
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GRANT MALOY, SEMINOLE COUNTY
CLERK OF CIRCUIT COURT& COMPTROLLER
CFN#2022025447 Bk:10181 Pg:1006-1009(4Pgs)
REC: 03/02/2022 8:24:19 AM by cjones
RECORDING FEES $35.50
THIS DOCUMENT PREPARED BY AND
UPON RECORDATION RETURN TO:
BUCHANAN INGERSOLL&ROONEY PC
UNION TRUST BUILDING
501 GRANT STREET,SECOND FLOOR
PITTSBURGH,PA 15219
ATTN: CARRIE KOCHENBACH,ESQ.
SPACE ABOVE THIS LINE FOR RECORDER'S USE
PARTIAL RELEASE OF MORTGAGE
This Partial Release of Mortgage (this "Partial Release"), is made as of January ,
2022, by PNC BANK, NATIONAL ASSOCIATION, a national banking association (the
"Mortgagee"), with an address at Firstside Center, 500 First Avenue, Mail Stop: #P7 PFSC 03
X 3rd Floor, Pittsburgh, PA 15219, the owner and holder of that certain CONSTRUCTION
MORTGAGE, SECURITY AGREEMENT AND FIXTURE FILING, dated as of June 12, 2019,
made by WINTER SPRINGS RETIREMENT RESIDENCE LLC, a Washington limited liability
company ("Mortgagor") recorded on June 13, 2019, in Official Records Book 9372, Page 1463,
that certain Assigment of Leases and Rents dated June 12, 2019, and recorded at Official
Records Book 9372, Page 1487, and that certain UCC Financing Statement recorded at Official
Records Book 9372, Page 1498, all of the Public Records of Seminole County, Florida
(collectively, for purposes of this Partial Release, the "Mortgage").
For Ten Dollars ($10.00) and other good and valuable consideration, the receipt and
sufficiency of which are hereby acknowledged, the Mortgagee hereby releases and discharges
from the lien of the Mortgage that certain property more particularly described on Schedule 1
attached hereto (the "Released Parcel"), which Released Parcel constitutes only a portion of and
not all of the land and improvements secured by the Mortgage. This Partial Release is a partial
release only and does not in any way waive any provision or rights under the Mortgage or the
indebtedness secured thereby and releases the lien only as to the Released Parcel and not as to
any of the other property described in the Mortgage (the "Remaining Property"), as to which
Remaining Property the Mortgage shall remain in full force and effect and nothing herein
contained shall in any way impair, alter, or diminish the effect, lien, or encumbrance of the
Mortgage on the Remaining Property or in any way affect, alter, or diminish any of the rights or
remedies of the holder thereof.
[SIGNATURE PAGE 1 OF I-PARTIAL RELEASE OF MORTGAGE]
IN WITNESS WHEREOF, Mortgagee has duly executed this Partial Release of Mortgage as of
the date first written above.
Signed, sealed and delivered PNC BANK,NATIONAL ASSOCIATION, a national in
the presence of: banking association
By: /
rgna Name: Tyle Lowry
MCI )0fV1r'*? Title: Senior Vice Pre
s e t
Print Name
VA
Signature
Print Name
ACKNOWLEDGMENT
A notary public or other officer completing this certificate verifies only the identity of the
individual who signed the document to which this certificate is attached, and not the
truthfulness, accuracy, or validity of that document.
State of California )
) ss.
County of San Francisco )
On January_2-L, 2022, before me ".jUun,► r-}�L a Notary Public,
personally appeared Tyler Lowry,who proved to me on the basis of satisfactory evidence to be
the person whose name is subscribed to the within instrument and acknowledged to me that he
executed the same in his authorized capacity, and that by his signature on the instrument the
person, or the entity upon behalf of which the person acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the
foregoing paragraph is true and correct.
wrtivv
WITNESS my hand and official seal. JUANA ORTIZ-RAMIREZ
COMM.#2359572
NOTARY PUBLIC *CALIFORNIA
r ALAMEDA COUNTY
'ZozS
Signature - (Seal)
,. ��'�"
���_
... � .,...... .. �. •,ti'�.
SCHEDULEl
RELEASED PARCEL
THAT PART OF LOT 8 BLOCK "A", OF TUSKAWILLA, ACCORDING TO THE PLAT
OF 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 THRU 49 OF SAID PUBLIC
RECORDS, SAID POINT BEING A RECOVERED CONCRETE MONUMENT ON THE
EASTERLY RIGHT OF WAY LINE OF TUSKAWILLA ROAD (FORMERLY BRANTLEY
AVENUE) AS RECORDED IN OFFICIAL RECORDS BOOK 3225, PAGE 1829 OF
SAID PUBLIC RECORDS; THENCE RUN NORTH 59°31'38" WEST ALONG THE
WESTERLY PROLONGATION OF THE SOUTH LINE OF SAID LOT 31 FOR A
DISTANCE OF 15.00 FEET; THENCE RUN SOUTH 30004'55" WEST ALONG SAID
EASTERLY RIGHT OF WAY LINE FOR A DISTANCE OF 5.00 FEET; THENCE
CONTINUE SOUTH 30004'55" WEST A DISTANCE OF 35.00 FEET; THENCE SOUTH
59°31'38" EAST, A DISTANCE OF 1132.34 FEET TO THE POINT OF CURVATURE
OF A CURVE TO THE RIGHT HAVING A RADIUS OF 150.00 FEET; THENCE RUN
SOUTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL
ANGLE AT 60036'00" FOR AN ARC DISTANCE OF 158.65 FEET TO THE POINT OF
TANGENCY; THENCE SOUTH 01°04'22" WEST A DISTANCE AT 146.91 FEET;
THENCE SOUTH 24059'41"WEST, A DISTANCE OF 318.72 FEET; THENCE SOUTH
00000'00" EAST A DISTANCE OF 115.48 FEET; THENCE SOUTH 36055'21" EAST A
DISTANCE OF 217.54 FEET; THENCE SOUTH 15019'53" EAST A DISTANCE OF
140.49 FEET; THENCE SOUTH 02°23'00 WEST A DISTANCE OF 556.34 FEET;
THENCE SOUTH 07025'15" WEST A DISTANCE OF 272.61 FEET; THENCE SOUTH
29'30'05" WEST A DISTANCE OF 231.32 FEET; THENCE SOUTH 50031'58" WEST A
DISTANCE OF 1475.69 FEET TO THE NORTHEASTERLY RIGHT OF WAY LINE OF
STATE ROAD 434 ACCORDING TO FLORIDA DEPARTMENT OF
TRANSPORTATION RIGHT OF WAY MAP SECTION 77070-2516; THENCE
CONTINUE SOUTH 50031'58" WEST FOR A DISTANCE OF 143.34 FEET TO A
FOUND 1/2" IRON ROD & CAP (LB 6723) AND THE SOUTHWESTERLY RIGHT OF
WAY LINE OF SAID STATE ROAD 434; THENCE ALONG THE NORTHERLY
BOUNDARY OF ACQUISITION PARCEL "A" AS DESCRIBED IN OFFICIAL
RECORDS BOOK 3988, PAGE 1075 OF THE PUBLIC RECORDS OF SEMINOLE
COUNTY, FLORIDA, SOUTH 49030-36" WEST FOR A DISTANCE OF 316.60 FEET
TO A FOUND 4"X4" CONCRETE MONUMENT (LB 6723) AND TO THE
SOUTHWESTERLY CORNER OF LANDS DESCRIBED IN EXHIBIT "A" (SWAP
PARCEL 1) AS DESCRIBED IN OFFICIAL RECORDS BOOK 8856, PAGE 546 OF
THE PUBLIC RECORDS OF SEMINOLE COUNTY, FLORIDA; THENCE DEPARTING
SAID NORTHERLY BOUNDARY, ALONG THE WESTERLY BOUNDARY OF SAID
LANDS AND ALONG THE EASTERLY BOUNDARY OF LANDS DESCRIBED IN
EXHIBIT "A" (SWAP PARCEL 2) AS DESCRIBED IN OFFICIAL RECORDS BOOK
1
Schedule 1
8856, PAGE 553 OF THE PUBLIC RECORDS OF SEMINOLE COUNTY, FLORIDA,
NORTH 39047'59"WEST, A DISTANCE OF 659.32 FEET TO A FOUND 4"X4"
CONCRETE MONUMENT (LB 6723) AND THE WESTERLY RIGHT OF WAY OF THE
C.S.X. TRANSPORTATION INC. "LAKE CHARM BRANCH" RAIL CORRIDOR; SAID
POINT BEING A NON TANGENT CURVE CONCAVE NORTHEASTERLY, HAVING A
RADIUS OF 3707.33 FEET, AND A CHORD BEARING AND DISTANCE OF NORTH
03°26'01" WEST, 73.37 FEET; THENCE NORTHWESTERLY ALONG THE ARC OF
SAID CURVE, AND SAID WESTERLY RIGHT OF WAY, THROUGH A CENTRAL
ANGLE OF 01008'02" FOR A DISTANCE OF 73.37 FEET TO A SET 5/8" IRON ROD
AND CAP (LB 8071) AND THE POINT OF BEGINNING; THENCE CONTINUE ALONG
SAID NON TANGENT CURVE CONCAVE NORTHEASTERLY, HAVING A RADIUS
OF 3707.33 FEET, AND A CHORD BEARING AND DISTANCE OF NORTH 02-20-00"
WEST, 29.41 FEET; THENCE NORTHWESTERLY ALONG THE ARC OF SAID
CURVE, AND SAID WESTERLY RIGHT OF WAY, THROUGH A CENTRAL ANGLE
OF 00027'17" FOR A DISTANCE OF 29.42 FEET TO A FOUND 4"X4" CONCRETE
MONUMENT (LB 220) ON THE EASTERLY EXTENSION OF THE NORTH LINE OF
LOT 17 OF SAID PLAT OF D.R. MITCHELL'S SURVEY OF LEVY GRANT; THENCE
CONTINUE ALONG SAID NON-TANGENT CURVE CONCAVE NORTHEASTERLY,
HAVING A RADIUS OF 3707.33 FEET, AND A CHORD BEARING AND DISTANCE OF
NORTH 01°55'26" WEST, 31.04 FEET; THENCE NORTHWESTERLY ALONG THE
ARC OF SAID CURVE, AND SAID WESTERLY RIGHT OF WAY, THROUGH A
CENTRAL ANGLE OF 00028'47" FOR A DISTANCE OF 31.04 FEET TO A SET 5/8"
IRON ROD AND CAP (LB 8071), SAID POINT BEING ON A NON TANGENT CURVE
CONCAVE NORTHEASTERLY, HAVING A RADIUS OF 170.00 FEET, AND A CHORD
BEARING AND DISTANCE OF NORTH 68052'35" EAST, 63.61 FEET; THENCE
NORTHEASTERLY ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL
ANGLE OF 21°33'57" FOR A DISTANCE OF 63.99 FEET TO A SET 5/8" IRON ROD
AND CAP (LB 8071) AND TO THE END OF SAID CURVE; THENCE NORTH 4901320"
EAST, A DISTANCE OF 22.84 FEET TO A SET 5/8" IRON ROD AND CAP (LB 8071);
THENCE NORTH 5002225" EAST, A DISTANCE OF 153.21 FEET TO THE
AFORESAID SOUTHWESTERLY RIGHT OF WAY OF SAID STATE ROAD 434;
THENCE ALONG SAID SOUTHWESTERLY RIGHT OF WAY, SOUTH 39047'08"
EAST, A DISTANCE OF 72.00 FEET TO A SET 5/8" IRON ROD AND CAP (LB 8071);
THENCE SOUTH 50022-25" WEST, A DISTANCE OF 111.00 FEET TO A SET 5/8"
IRON ROD AND CAP (LB 8071); THENCE SOUTH 59 4313 WEST, A DISTANCE OF
75.01 FEET TO A SET 5/8" IRON ROD AND CAP (LB 8071), SAID POINT BEING THE
BEGINNING OF A NON TANGENT CURVE CONCAVE NORTHEASTERLY, HAVING
A RADIUS OF 230.00 FEET, AND A CHORD BEARING AND DISTANCE OF SOUTH
70002-34" WEST, 93.83 FEET; THENCE SOUTHWESTERLY ALONG THE ARC OF
SAID CURVE, THROUGH A CENTRAL ANGLE OF 23032'22" FOR A DISTANCE OF
94.49 FEET TO THE POINT OF BEGINNING.
2
Schedule 1
GRANT MALOY, SEMINOLE COUNTY
CLERK OF CIRCUIT COURT& COMPTROLLER
CFN#2022025448 Bk:10181 Pg:1010-1013(4Pgs)
REC: 03/02/2022 8:24:20 AM by cjones
RECORDING FEES $35.50
Prepared by and return to: DEED TAX$0.70
Anthony A.Garganese,Esq.
Garganese,Weiss,D'Agresta&Salzman,P.A.
Post Office Box 2873
Orlando,Florida 32802-2873
Parcel ID: 26-20-30-5AR-OA00-008Q(portion)
THIS IS A DONATION
SPECIAL WARRANTY DEED
THIS SPECIAL WARRANTY DEED is made as of the Is f day oft ,
2022,by and between WINTER SPRINGS RETIREMENT RESIDENCE LLC,a Washington
limited liability company,("Grantor") whose mailing address is 9310 NE Vancouver Mall Drive,
Suite 200,Vancouver,WA 98662,and the CITY OF WINTER SPRINGS,FLORIDA,a Florida
municipal corporation ("Grantee") whose address is 1126 East State Road 434, Winter Springs,
FL 32708. (Wherever used herein the term "Grantor" and "Grantee" include all the parties to this
instrument and the successors and assigns of corporations.)
WITNESSETH: That Grantor,for and consideration of the sum of Ten and No/100 Dollars
($10.00),to it in hand paid by Grantee,the receipt of which is hereby acknowledged,does hereby
grant, bargain, sell, alien, remise, release, convey and confirm unto Grantee, and Grantee's heirs,
successors and assigns forever, the parcel of land situate, lying and being in the County of
Seminole, State of Florida, and more particularly described as follows (the"Property"):
SEE EXHIBIT"A"ATTACHED HERETO
AND MADE A PART HEREOF.
TOGETHER with all the tenements, hereditaments, and appurtenances thereto belonging
or in anywise appertaining.
TO HAVE AND TO HOLD the same in fee simple forever.
SUBJECT TO reservations, covenants, restrictions, easements of record, which reference
hereto shall not operate to reimpose same, and taxes for the current year.
AND Grantor, for itself and its successors, hereby covenants with Grantee and Grantee's
heirs,successors and assigns that it is lawfully seized of the Property in fee simple;that it has good
right and lawful authority to sell and convey the Property;that it hereby specially warrants the title
to the Property and will defend the same against the lawful claims of all persons claiming, by
through or under Grantor only.
[SIGNATURE APPEARS ON THE FOLLOWING PAGE]
1
ORLDOCS 19308869 4 21706.0065
f
IN WITNESS WHEREOF, GRANTOR has hereunder set its hand and seal the day and
year first above written.
Signed, sealed and delivered WINTER SPRINGS RETIREMENT
in the presence of: RESIDENCE LLC, a Washington limited
6�/-- liability company
PrintNami Ck e (( yl v
By:
Name: Alan Spragins
Title: Chief Operating Officer
Print Name:
STATE OF WASHINGTON )
ss:
COUNTY OF KING )
On this, the day of 2022, before me by means of
physical presence or ❑ online notarization, a Nota Public, the undersigned officer, personally
appeared Alan Spragins, who acknowledged himself as the Chief Operating Officer of WINTER
SPRINGS RETIREMENT RESIDENCE LLC, a Washington limited liability company, and
that he, in such capacity, being authorized to do so, executed the foregoing instrument for the
purposes therein contained by signing on behalf of said entity.
g�tWITNESS WHEREOF, I hereunto set my hand and official seal.
FJACQUE
ILLENOta Ub 1ConOF State of Washington 767 1, 2023
My commission expires: \,1cw-, `� w
2
ORLD005 19308869 4 21706.0065
EXHIBIT"A"
[MICHAEL BLAKE BOULEVARD EXTENSION]
PARCEL 2:
THAT PART OF LOT 8 BLOCK "A", OF TUSKAWILLA, ACCORDING TO THE PLAT OF 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 THRU 49 OF SAID PUBLIC RECORDS, SAID POINT
BEING A RECOVERED CONCRETE MONUMENT ON THE EASTERLY RIGHT OF WAY LINE OF
TUSKAWILLA ROAD (FORMERLY BRANTLEY AVENUE) AS RECORDED IN OFFICIAL
RECORDS BOOK 3225,PAGE 1829 OF SAID PUBLIC RECORDS;THENCE RUN NORTH 5991'38"
WEST ALONG THE WESTERLY PROLONGATION OF THE SOUTH LINE OF SAID LOT 31 FOR
A DISTANCE OF 15.00 FEET; THENCE RUN SOUTH 30°04'55" WEST ALONG SAID EASTERLY
RIGHT OF WAY LINE FOR A DISTANCE OF 5.00 FEET; THENCE CONTINUE SOUTH 30°04'55"
WEST A DISTANCE OF 35.00 FEET; THENCE SOUTH 59°31'38" EAST, A DISTANCE OF 1132.34
FEET TO THE POINT OF CURVATURE OF A CURVE TO THE RIGHT HAVING A RADIUS OF
150.00 FEET; THENCE RUN SOUTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH
A CENTRAL ANGLE AT 60036'00" FOR AN ARC DISTANCE OF 158.65 FEET TO THE POINT OF
TANGENCY; THENCE SOUTH 01°04'22" WEST A DISTANCE AT 146.91 FEET; THENCE SOUTH
24°59'41" WEST, A DISTANCE OF 318.72 FEET; THENCE SOUTH 00°00'00" EAST A DISTANCE
OF 115.48 FEET;THENCE SOUTH 36°55'21"EAST A DISTANCE OF 217.54 FEET;THENCE SOUTH
15019'53" EAST A DISTANCE OF 140.49 FEET;THENCE SOUTH 02°23'00 WEST A DISTANCE OF
556.34 FEET; THENCE SOUTH 07025'15" WEST A DISTANCE OF 272.61 FEET; THENCE SOUTH
29'30'05"WEST A DISTANCE OF 231.32 FEET;THENCE SOUTH 50031'58"WEST A DISTANCE OF
1475.69 FEET TO THE NORTHEASTERLY RIGHT OF WAY LINE OF STATE ROAD 434
ACCORDING TO FLORIDA DEPARTMENT OF TRANSPORTATION RIGHT OF WAY MAP
SECTION 77070-2516;THENCE CONTINUE SOUTH 5091'58" WEST FOR A DISTANCE OF 143.34
FEET TO A FOUND 1/2" IRON ROD & CAP (LB 6723) AND THE SOUTHWESTERLY RIGHT OF
WAY LINE OF SAID STATE ROAD 434; THENCE ALONG THE NORTHERLY BOUNDARY OF
ACQUISITION PARCEL"A" AS DESCRIBED IN OFFICIAL RECORDS BOOK 3988,PAGE 1075 OF
THE PUBLIC RECORDS OF SEMINOLE COUNTY, FLORIDA, SOUTH 49030'36" WEST FOR A
DISTANCE OF 316.60 FEET TO A FOUND 4"X4" CONCRETE MONUMENT (LB 6723) AND TO
THE SOUTHWESTERLY CORNER OF LANDS DESCRIBED IN EXHIBIT "A" (SWAP PARCEL 1)
AS DESCRIBED IN OFFICIAL RECORDS BOOK 8856, PAGE 546 OF THE PUBLIC RECORDS OF
SEMINOLE COUNTY, FLORIDA; THENCE DEPARTING SAID NORTHERLY BOUNDARY,
ALONG THE WESTERLY BOUNDARY OF SAID LANDS AND ALONG THE EASTERLY
BOUNDARY OF LANDS DESCRIBED IN EXHIBIT "A" (SWAP PARCEL 2) AS DESCRIBED IN
OFFICIAL RECORDS BOOK 8856, PAGE 553 OF THE PUBLIC RECORDS OF SEMINOLE
COUNTY,FLORIDA,NORTH 39°47'59" WEST,A DISTANCE OF 659.32 FEET TO A FOUND 4"X4"
CONCRETE MONUMENT (LB 6723) AND THE WESTERLY RIGHT OF WAY OF THE C.S.X.
TRANSPORTATION INC. "LAKE CHARM BRANCH" RAIL CORRIDOR; SAID POINT BEING A
NON TANGENT CURVE CONCAVE NORTHEASTERLY, HAVING A RADIUS OF 3707.33 FEET,
AND A CHORD BEARING AND DISTANCE OF NORTH 03°26'01" WEST, 73.37 FEET; THENCE
NORTHWESTERLY ALONG THE ARC OF SAID CURVE, AND SAID WESTERLY RIGHT OF
3
ORLDOCS 19308869 4 21706.0065
WAY,THROUGH A CENTRAL ANGLE OF 01°08'02" FOR A DISTANCE OF 73.37 FEET TO A SET
5/8" IRON ROD AND CAP (LB 8071) AND THE POINT OF BEGINNING; THENCE CONTINUE
ALONG SAID NON TANGENT CURVE CONCAVE NORTHEASTERLY, HAVING A RADIUS OF
3707.33 FEET, AND A CHORD BEARING AND DISTANCE OF NORTH 02°20'00" WEST, 29.41
FEET;THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE,AND SAID WESTERLY
RIGHT OF WAY,THROUGH A CENTRAL ANGLE OF 00-27'17" FOR A DISTANCE OF 29.42 FEET
TO A FOUND 4"X4"CONCRETE MONUMENT(LB 220)ON THE EASTERLY EXTENSION OF THE
NORTH LINE OF LOT 17 OF SAID PLAT OF D.R. MITCHELL'S SURVEY OF LEVY GRANT;
THENCE CONTINUE ALONG SAID NON-TANGENT CURVE CONCAVE NORTHEASTERLY,
HAVING A RADIUS OF 3707.33 FEET, AND A CHORD BEARING AND DISTANCE OF NORTH
01°55'26" WEST, 31.04 FEET; THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE,
AND SAID WESTERLY RIGHT OF WAY, THROUGH A CENTRAL ANGLE OF 00-28-47" FOR A
DISTANCE OF 31.04 FEET TO A SET 5/8" IRON ROD AND CAP (LB 8071), SAID POINT BEING
ON A NON TANGENT CURVE CONCAVE NORTHEASTERLY, HAVING A RADIUS OF 170,00
FEET, AND A CHORD BEARING AND DISTANCE OF NORTH 68°52'35" EAST, 63.61 FEET;
THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL
ANGLE OF 21033'57" FOR A DISTANCE OF 63.99 FEET TO A SET 5/8" IRON ROD AND CAP (LB
8071) AND TO THE END OF SAID CURVE; THENCE NORTH 49°13'20" EAST, A DISTANCE OF
22.84 FEET TO A SET 5/8" IRON ROD AND CAP (LB 8071); THENCE NORTH 50°22'25" EAST, A
DISTANCE OF 153.21 FEET TO THE AFORESAID SOUTHWESTERLY RIGHT OF WAY OF SAID
STATE ROAD 434;THENCE ALONG SAID SOUTHWESTERLY RIGHT OF WAY,SOUTH 39°47'08"
EAST, A DISTANCE OF 72.00 FEET TO A SET 5/8" IRON ROD AND CAP (LB 8071); THENCE
SOUTH 50022'25" WEST, A DISTANCE OF 111.00 FEET TO A SET 5/8" IRON ROD AND CAP (LB
8071); THENCE SOUTH 59'43'13" WEST, A DISTANCE OF 75.01 FEET TO A SET 5/8" IRON ROD
AND CAP (LB 8071), SAID POINT BEING THE BEGINNING OF A NON TANGENT CURVE
CONCAVE NORTHEASTERLY, HAVING A RADIUS OF 230.00 FEET, AND A CHORD BEARING
AND DISTANCE OF SOUTH 70002'34" WEST, 93.83 FEET; THENCE SOUTHWESTERLY ALONG
THE ARC OF SAID CURVE,THROUGH A CENTRAL ANGLE OF 23032'22" FOR A DISTANCE OF
94.49 FEET TO THE POINT OF BEGINNING.
4
ORLDOCS 19308869 4 21706.0065
E
BILL OF SALE
KNOW ALL MEN BY THESE PRESENT That WINTER SPRINGS RETIREMENT
RESIDENCE LLC, a Washington limited liability company, hereinafter called "Seller", and in
consideration of the sum of One Dollar($1.00) and other valuable considerations,to them paid by
the CITY OF WINTER SPRINGS,FLORIDA, a municipal corporation organized and existing
under the laws of the State of Florida, hereinafter called "City", the receipt whereof is hereby
acknowledged, has granted, bargained, sold, transferred and delivered, and by these presents do
grant,bargain,sell,transfer,and deliver unto the said City,its successors and assigns,the following
described property, assets and rights, to-wit:
The sanitary sewer lift station and all associated appurtenances including but not
limited to riser pipes, above and below ground discharge pipelines, tees, wyes,
bends, gate valves, plug valves, check valves, pressure gauges, wet well structure,
wet well hatches, odor control, vent, air release valve, emergency pump-out
connection, emergency by-pass connection with quick connect, submersible
pumps, floats, valve vault structure, valve vault hatches, flow meter, flow meter
control cabinet, pump station control panel, generator, generator fuel tank and all
other equipment, if any (collectively, the "Lift Station and Related Lines and
Equipment") located in and on the land situate in Seminole County, Florida, and
more particularly described on Exhibit "A" attached hereto and incorporated
herein by this reference.
TO HAVE AND TO HOLD all of the foregoing unto the City, its successors and assigns, for its
own use forever, free and clear and discharged of and from any and all obligations, claims or liens.
AND the Seller does hereby covenant and warrant to and with the City, its successors and assigns,
that Seller is the lawful owners of the above described personal property and assets, that said
personal property and assets are free from all encumbrances that would prohibit use of the Lift
Station and Related Lines and Equipment for their intended purposes; that Seller has good right to
sell said personal property and assets.
THE personal property and assets ARE HEREBY CONVEYED TO THE CITY IN AN "AS IS,"
"WHERE IS," "WITH ALL FAULTS" CONDITION AND SELLER DOES NOT WARRANT,
AND HEREBY EXPRESSLY DISCLAIMS, ANY AND ALL WARRANTIES OF QUALITY,
FITNESS AND MERCHANTABILITY RELATING TO ANY OF THE PERSONAL
PROPERTY AND ASSETS, INCLUDING, WITHOUT LIMITATION, THE CONDITION OF
THE PERSONAL PROPERTY AND ASSETS OR THE FITNESS OF ANY OF THE
PERSONAL PROPERTY AND ASSETS CONVEYED HEREBY FOR A PARTICULAR USE
OR PURPOSE OR FOR THE CITY'S INTENDED USE OR PURPOSE. Further, Seller shall not
be deemed in any event to be a warrantor, guarantor, or surety for the obligations of any maker of
any warranties or guaranties assigned or conveyed hereunder.
[SIGNATURE APPEARS ON THE FOLLOWING PAGE]
Pagel of 3
ORLDOCS 19308867 4 21706.0065
IN WITNESS WHEREOF Seller has caused this Bill of Sale to be signed in its name by its
proper officers on the day and year below written.
Signed, sealed and delivered WINTER SPRINGS RETIREMENT
in the presence f: RESIDENCE LLC, a Washington limited
liability company
Print Name: l Ca/ ui'a
By-
Name: Alan Spragins
Print Name: (aer Title: Chief Operating Officer
STATE OF WASHINGTON )
ss:
COUNTY OF KING )
On this, the Z� day of , 2022, before me by means of
physical presence or ❑ online notarization, a Notar Public, the undersigned officer, personally
appeared Alan Spragins, who acknowledged himself as the Chief Operating Officer of WINTER
SPRINGS RETIREMENT RESIDENCE LLC, a Washington limited liability company, and
that he, in such capacity, being authorized to do so, executed the foregoing instrument for the
purposes therein contained by signing on behalf of said entity.
IN WITNESS WHEREOF, I hereunto set my hand and official seal.
YJACQUE CHURCHVILLE
OF State of Washington Notary public
g state of Washington
Commissiomtt 207767
My commission expires: My Comm, Expires Jun 1, 2023
Page 2 of 3
ORLDOCS 19308867 4 21706.0065
EXHIBIT"A"
[LIFT STATION PROPERTY]
Page 3 of 3
ORLDOCS 19308867 4 21706.0065
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WARRANT, AND HEREBY EXPRESSLY DISCLAIMS, ANY AND ALL WARRANTIES
OF QUALITY, FITNESS AND MERCHANTABILITY RELATING TO ANY OF THE
PERSONAL PROPERTY AND ASSETS, INCLUDING, WITHOUT LIMITATION, THE
CONDITION OF THE PERSONAL PROPERTY AND ASSETS OR THE FITNESS OF ANY
OF THE PERSONAL PROPERTY AND ASSETS CONVEYED HEREBY FOR A
PARTICULAR USE OR PURPOSE OR FOR THE CITY'S INTENDED USE OR PURPOSE.
Further, Seller shall not be deemed in any event to be a warrantor, guarantor, or surety for the
obligations of any maker of any warranties or guaranties assigned or conveyed hereunder.
IN WITNESS WHEREOF Seller has caused this Bill of Sale to be signed in its name by its
proper officers on the day and year below written.
WI SES: SCHRIMSHER LAND FUND 1986-11, LTD.,
f/k/a Schrimsher Land Fund 1985,Ltd., a
°'�''t � Florida limited partnership
Pr-es4o By: Schrimsher, Inc., a Florida
(print) corporation, its General Partner
04'J.". By.
°L-nCxOY'I Print name: (V\,Ckae A, Sc kC 1A.\5kir('
(print)
Title:
STATE OF FLORIDA
COUNTY OF ORANGE
The foregoing instrument was acknowledged before me by means of dphysical presence or ❑
online notarization, this � day of (;e u�. 2022, by
6.���
A •64 r'r n�� the Vr cG fre6,,C65h of Schrims er, Inc., a Florida
corporation, General Partner of SCHRIMSHER LAND FUND 1986 , TD., f/k/a Schrimsher
Land Fund 1985, Ltd., a Florida limited partnership, (check one) who is personally known to
me or❑who produced dentification.
"'p,
otary Public DD
Print Name: L• Ten_"
My Commission expires:
ZEE
tate of Pkxida
land 04 233379
022
Page 2 of 5
WIT SES: l SCHRIMSHER LAND FUND V, LTD., a
`� ( Florida limited partnership
a By: Schrimsher, Inc., a Florida
{eS�^ corporation, its General Partner
(grinZLL P
I _'ajE ,
By:
1 _ 'arJ& L.
n�Iaz� Print name: 1M; cha �
e) A• 5c h(I S�^ r
(Print) r Title: V CC Q�2 Cle✓��
STATE OF FLORIDA
COUNTY OF ORANGE
The foregoing instrument was acknowledged before me by mean of p�ical presence or ❑
online notarizati n, t is S� da of F=e r 2022, by
1 end ri 1r' the i GG GS;, I'of Schrim er, Inc., a Florida
corporation,' General Partner oCHRIMSHER LAND FUND V, LTD., a Flo ida limited
partnership, (check one) >�' who is personally known to me or who produced
as identification.
) � IL --P,"s
o PublicW GPrintnt Name: P
1
My Commission expires:
Yg
Notary Public State of Florida
Wanda L Penland
My commission GG 233379
Expires 07/30/2022
Page 3 of 5
WIT SSES: SCHRIMSHER LAND FUND VI, LTD., a
Florida limited partnership
Vk
vBy: Schrimsher, Inc., a Florida
p'r Ska r, corporation, its General Partner
(prin
By:
V v Print name: V \" a`�AaQ . 5C kc ;
(print) Title: V i ee P ce5��e✓`�
STATE OF FLORIDA
COUNTY OF ORANGE
The foregoing instrument was acknowledged before me by means of ia'physical presence or ❑
online notarization, this _� da of � r' 2022, by
Mee . J�YIt'irKthe ���Pfe5� �anl of Schrims er, Inc., a Florida
corporation, General Partner ofiSCHRIMSHER LAND FUND VI, LTD., a Florida limited
partnership, (check one) ,r who is persDilaUy known to me or ❑ who produced
as identificatio .
otary ublic
Print Name: 1.. penLll4
My Commission expires:
Nota Public State t Florida
Wanda L Penland
oMy Commissin GG 233379
0/ 07/3222
op aExpires 0
Page 4 of 5
EXHIBIT"A"
[LIFT STATION PROPERTY]
Page 5 of 5
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IN WITNESS WHEREOF Seller has caused this Bill of Sale to be signed in its name by its
proper officers on the day and year below written.
Signed, sealed and delivered WINTER SPRINGS RETIREMENT
in the presenc of: RESIDENCE LLC, a Washington limited
4y4—/— liability company
Print Name: cz-s It (A 14�er)'d
By:
Name: Alan Spragins
Title: Chief Operating Officer
Print Name:
STATE OF WASHINGTON )
ss:
COUNTY OF KING )
On this, the uQ day of Q 2022, before me by means of
physical presence or ❑ online notarization, a Notar Public, the undersigned officer, personally
appeared Alan Spragins, who acknowledged himself as the Chief Operating Officer of WINTER
SPRINGS RETIREMENT RESIDENCE LLC, a Washington limited liability company, and
that he, in such capacity, being authorized to do so, executed the foregoing instrument for the
purposes therein contained by signing on behalf of said entity.
IN WITNESS WHEREOF, I hereunto set my hand and official seal.
Notar Ub11C FJACQUEHURCHVILLE
y Public
OF State of Washington Washington
n # 207767
ires Jun 1, 2023
My commission expires:
Page 2 of 4
ORLDOCS 19308868 4 21706.0065
EXHIBIT"A"
[MICHAEL BLAKE BOULEVARD ROW PROPERTY]
PARCEL 2:
THAT PART OF LOT 8 BLOCK "A", OF TUSKAWILLA, ACCORDING TO THE PLAT OF 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 THRU 49 OF SAID PUBLIC RECORDS, SAID POINT
BEING A RECOVERED CONCRETE MONUMENT ON THE EASTERLY RIGHT OF WAY LINE
OF TUSKAWILLA ROAD (FORMERLY BRANTLEY AVENUE) AS RECORDED IN OFFICIAL
RECORDS BOOK 3225, PAGE 1829 OF SAID PUBLIC RECORDS; THENCE RUN NORTH
59031'38" WEST ALONG THE WESTERLY PROLONGATION OF THE SOUTH LINE OF SAID
LOT 31 FOR A DISTANCE OF 15.00 FEET; THENCE RUN SOUTH 30°04'55" WEST ALONG SAID
EASTERLY RIGHT OF WAY LINE FOR A DISTANCE OF 5.00 FEET; THENCE CONTINUE
SOUTH 30004'55" WEST A DISTANCE OF 35.00 FEET; THENCE SOUTH 59°31'38" EAST, A
DISTANCE OF 1132.34 FEET TO THE POINT OF CURVATURE OF A CURVE TO THE RIGHT
HAVING A RADIUS OF 150.00 FEET; THENCE RUN SOUTHEASTERLY ALONG THE ARC OF
SAID CURVE THROUGH A CENTRAL ANGLE AT 60036'00" FOR AN ARC DISTANCE OF 158.65
FEET TO THE POINT OF TANGENCY; THENCE SOUTH 01°04'22" WEST A DISTANCE AT
146.91 FEET; THENCE SOUTH 24°59'41" WEST, A DISTANCE OF 318.72 FEET; THENCE SOUTH
00000'00" EAST A DISTANCE OF 115.48 FEET; THENCE SOUTH 36055'21" EAST A DISTANCE
OF 217.54 FEET; THENCE SOUTH 15°19'53" EAST A DISTANCE OF 140.49 FEET; THENCE
SOUTH 02023'00 WEST A DISTANCE OF 556.34 FEET; THENCE SOUTH 0725'15" WEST A
DISTANCE OF 272.61 FEET; THENCE SOUTH 29'30'05" WEST A DISTANCE OF 231.32 FEET;
THENCE SOUTH 50031'58" WEST A DISTANCE OF 1475.69 FEET TO THE NORTHEASTERLY
RIGHT OF WAY LINE OF STATE ROAD 434 ACCORDING TO FLORIDA DEPARTMENT OF
TRANSPORTATION RIGHT OF WAY MAP SECTION 77070-2516; THENCE CONTINUE SOUTH
50031'58" WEST FOR A DISTANCE OF 143.34 FEET TO A FOUND 1/2" IRON ROD & CAP (LB
6723) AND THE SOUTHWESTERLY RIGHT OF WAY LINE OF SAID STATE ROAD 434;
THENCE ALONG THE NORTHERLY BOUNDARY OF ACQUISITION PARCEL "A" AS
DESCRIBED IN OFFICIAL RECORDS BOOK 3988, PAGE 1075 OF THE PUBLIC RECORDS OF
SEMINOLE COUNTY, FLORIDA, SOUTH 49030'36" WEST FOR A DISTANCE OF 316.60 FEET TO
A FOUND 4"X4" CONCRETE MONUMENT (LB 6723) AND TO THE SOUTHWESTERLY
CORNER OF LANDS DESCRIBED IN EXHIBIT "A" (SWAP PARCEL 1) AS DESCRIBED IN
OFFICIAL RECORDS BOOK 8856, PAGE 546 OF THE PUBLIC RECORDS OF SEMINOLE
COUNTY, FLORIDA; THENCE DEPARTING SAID NORTHERLY BOUNDARY, ALONG THE
WESTERLY BOUNDARY OF SAID LANDS AND ALONG THE EASTERLY BOUNDARY OF
LANDS DESCRIBED IN EXHIBIT "A" (SWAP PARCEL 2) AS DESCRIBED IN OFFICIAL
RECORDS BOOK 8856, PAGE 553 OF THE PUBLIC RECORDS OF SEMINOLE COUNTY,
FLORIDA, NORTH 39047'59" WEST, A DISTANCE OF 659.32 FEET TO A FOUND 4"X4"
CONCRETE MONUMENT (LB 6723) AND THE WESTERLY RIGHT OF WAY OF THE C.S.X.
TRANSPORTATION INC. "LAKE CHARM BRANCH" RAIL CORRIDOR; SAID POINT BEING A
NON TANGENT CURVE CONCAVE NORTHEASTERLY, HAVING A RADIUS OF 3707.33 FEET,
AND A CHORD BEARING AND DISTANCE OF NORTH 03-26-01" WEST, 73.37 FEET; THENCE
Page 3 of 4
ORLDOCS 19308868 4 21706.0065
t
NORTHWESTERLY ALONG THE ARC OF SAID CURVE, AND SAID WESTERLY RIGHT OF
WAY, THROUGH A CENTRAL ANGLE OF 01-08-02" FOR A DISTANCE OF 73.37 FEET TO A
SET 5/8" IRON ROD AND CAP (LB 8071) AND THE POINT OF BEGINNING; THENCE
CONTINUE ALONG SAID NON TANGENT CURVE CONCAVE NORTHEASTERLY, HAVING A
RADIUS OF 3707.33 FEET, AND A CHORD BEARING AND DISTANCE OF NORTH 02°20'00"
WEST, 29.41 FEET; THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE, AND
SAID WESTERLY RIGHT OF WAY, THROUGH A CENTRAL ANGLE OF 00-27-17" FOR A
DISTANCE OF 29.42 FEET TO A FOUND 4"X4" CONCRETE MONUMENT (LB 220) ON THE
EASTERLY EXTENSION OF THE NORTH LINE OF LOT 17 OF SAID PLAT OF D.R. MITCHELL'S
SURVEY OF LEVY GRANT; THENCE CONTINUE ALONG SAID NON-TANGENT CURVE
CONCAVE NORTHEASTERLY, HAVING A RADIUS OF 3707.33 FEET, AND A CHORD
BEARING AND DISTANCE OF NORTH 01055'26" WEST, 31.04 FEET; THENCE
NORTHWESTERLY ALONG THE ARC OF SAID CURVE, AND SAID WESTERLY RIGHT OF
WAY, THROUGH A CENTRAL ANGLE OF 00-28-47" FOR A DISTANCE OF 31.04 FEET TO A
SET 5/8" IRON ROD AND CAP (LB 8071), SAID POINT BEING ON A NON TANGENT CURVE
CONCAVE NORTHEASTERLY, HAVING A RADIUS OF 170,00 FEET, AND A CHORD BEARING
AND DISTANCE OF NORTH 68°52'35" EAST, 63.61 FEET; THENCE NORTHEASTERLY ALONG
THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 21°33'57" FOR A DISTANCE OF
63.99 FEET TO A SET 5/8" IRON ROD AND CAP (LB 8071) AND TO THE END OF SAID CURVE;
THENCE NORTH 490 13'20" EAST, A DISTANCE OF 22.84 FEET TO A SET 5/8" IRON ROD AND
CAP (LB 8071); THENCE NORTH 50°22'25" EAST, A DISTANCE OF 153.21 FEET TO THE
AFORESAID SOUTHWESTERLY RIGHT OF WAY OF SAID STATE ROAD 434; THENCE ALONG
SAID SOUTHWESTERLY RIGHT OF WAY, SOUTH 39°47'08" EAST, A DISTANCE OF 72.00
FEET TO A SET 5/8" IRON ROD AND CAP (LB 8071); THENCE SOUTH 50°22'25" WEST, A
DISTANCE OF 111.00 FEET TO A SET 5/8" IRON ROD AND CAP (LB 8071); THENCE SOUTH
59'43'13" WEST, A DISTANCE OF 75.01 FEET TO A SET 5/8" IRON ROD AND CAP (LB 8071),
SAID POINT BEING THE BEGINNING OF A NON TANGENT CURVE CONCAVE
NORTHEASTERLY, HAVING A RADIUS OF 230.00 FEET, AND A CHORD BEARING AND
DISTANCE OF SOUTH 70°02'34" WEST, 93.83 FEET; THENCE SOUTHWESTERLY ALONG THE
ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 23-32-22" FOR A DISTANCE OF
94.49 FEET TO THE POINT OF BEGINNING.
Page 4 of 4
ORLDOCS 19308868 4 21706.0065
BILL OF SALE
KNOW ALL MEN BY THESE PRESENT That WINTER SPRINGS RETIREMENT
RESIDENCE LLC, a Washington limited liability company, hereinafter called "Seller", and in
consideration of the sum of One Dollar ($1.00) and other valuable considerations, to them paid
by the CITY OF WINTER SPRINGS, FLORIDA, a municipal corporation organized and
existing under the laws of the State of Florida, hereinafter called "City", the receipt whereof is
hereby acknowledged, has granted, bargained, sold, transferred and delivered, and by these
presents do grant, bargain, sell,transfer, and deliver unto the said City, its successors and assigns,
the following described property, assets and rights, to-wit:
Any and all of the water lines, water mains, sleeves, gate valve and valve box,
restraints, blow-off assemblies and related appurtenances thereof, constructed by
Seller or on Seller's behalf pursuant to the Final Engineering Plans approved by
the City Commission on January 22, 2018, permitted by FDOT permit# 2017-A-
593-035 and located on, under or above the real property known as SR 434,
(collectively, "SR 434 Waterline Improvements").
TO HAVE AND TO HOLD all of the foregoing unto the City, its successors and assigns, for its
own use forever, free and clear and discharged of and from any and all obligations, claims or
liens.
AND the Seller does hereby covenant and warrant to and with the City, its successors and
assigns, that Seller is the lawful owners of the above described personal property and assets, that
said personal property and assets are free from all encumbrances that would prohibit use of the
SR 434 Waterline Improvements for their intended purposes; that Seller has good right to sell
said personal property and assets.
THE PERSONAL PROPERTY AND ASSETS ARE HEREBY CONVEYED TO THE CITY IN
AN "AS IS," "WHERE IS," "WITH ALL FAULTS" CONDITION AND SELLER DOES NOT
WARRANT, AND HEREBY EXPRESSLY DISCLAIMS, ANY AND ALL WARRANTIES OF
QUALITY, FITNESS AND MERCHANTABILITY RELATING TO ANY OF THE
PERSONAL PROPERTY AND ASSETS, INCLUDING, WITHOUT LIMITATION, THE
CONDITION OF THE PERSONAL PROPERTY AND ASSETS OR THE FITNESS OF ANY
OF THE PERSONAL PROPERTY AND ASSETS CONVEYED HEREBY FOR A
PARTICULAR USE OR PURPOSE OR FOR THE CITY'S INTENDED USE OR PURPOSE.
Further, Seller shall not be deemed in any event to be a warrantor, guarantor, or surety for the
obligations of any maker of any warranties or guaranties assigned or conveyed hereunder.
[SIGNATURE APPEARS ON THE FOLLOWING PAGE]
Page 1 of 2
ORLDOCS 19377199 2 21706.0065
IN WITNESS WHEREOF Seller has caused this Bill of Sale to be signed in its name by its
proper officers on the day and year below written.
Signed, sealed and delivered WINTER SPRINGS RETIREMENT
in the presence o£ RESIDENCE LLC, a Washington limited
liability compan
Print Name: 14-, tscA6row By:
Name: Alan Spragins
ZX_ Title: Chief Operating Officer
Print N e: r� !
STATE OF WASHINGTON )
ss:
COUNTY OF KING )
On this, the \0 day of '�'Nc"'c`� , 2022, before me by means of V physical
presence or ❑ online notarization, a Notary Public, the undersigned officer, personally appeared
Alan Spragins, who acknowledged himself as the Chief Operating Officer of WINTER SPRINGS
RETIREMENT RESIDENCE LLC, a Washington limited liability company, and that he, in such
capacity, being authorized to do so, executed the foregoing instrument for the purposes therein
contained by signing on behalf of said entity.
IN WITNESS WHEREOF, I hereunto set my hand and official seal.
Notary Public RYi t'jo�,////
OF State of Washington ,� f
OMy Appointment
My commission expires: U`i I Z Ca (Za23 = 20111115
Kjerstin Anne Scanlan
Expires
09/26/2023 G&61
11•�t tWASN\\\\��`
Page 2 of 2
ORLDOCS 19377199 2 21706.0065
WRITTEN CONSENT OF THE SOLE GENERAL PARTNER
OF
HAWTHORN IL PROPCO LP
Dated: January , 2022
The undersigned, CP HRG IL REIT I, LLC, a Delaware limited liability company
(the "General Partner"), being the sole general partner of Hawthorn IL PropCo LP, a
Delaware limited partnership (the "Partnership"), acting pursuant to Article VI of the
Amended and Restated Agreement of Limited Partnership of the Partnership, dated as of
September 7, 2017,hereby adopts the following resolutions.
RECITALS
WHEREAS, the Partnership is the sole managing member of(and owns 90% of
the ownership interests of) Winter Springs Retirement Residence LLC, a Washington
limited liability company(the"Developer');
WHEREAS, the Developer is the owner of a certain parcel of land located in
Winter Springs, Seminole County, Florida (the "Pro ert ") upon which it has constructed
a certain senior housing facility, including without limitation, an extension of Michael
Blake Boulevard, lift station,utilities and drainage facilities;
WHEREAS, the Developer entered into that certain Developer's Agreement with
the City of Winter Springs, Florida (the "City") dated January 22, 2018 and recorded in
Official Records Book 9105, Page 264, Public Records of Seminole County, Florida
("Developer's Agreement");
WHEREAS, the "Additional Development Conditions" in the Developer's
Agreement require the Developer to convey and/or dedicate to the City certain
infrastructure set forth therein, including without limitation an extension of Michael
Blake Boulevard, lift station and utilities, and require the Developer to grant easements to
the City;
WHEREAS, the General Partner has determined that it is in the best interest of
the Developer to convey and/or grant the infrastructure and easements that the
Developer's Agreement requires to be conveyed and/or granted to the City, with each
such document to be in such form as shall be determined by the Developer Authorized
Officers (as defined below) executing the same; and
NOW, THEREFORE, BE IT RESOLVED, that the General Partner, on behalf of
the Developer, hereby approves the appointment of the following persons (collectively,
the"Developer Authorized Officers") as the officers of the Developer:
ORLDOCS 19338936 2 21706.0065
OFFICER TITLE
Todd Seneker Chief Executive Officer
Eric Mulligan President
Alan Spragins Chief Operating Officer
FURTHER RESOLVED, that the General Partner, on behalf of the Partnership
and the Developer, hereby approves (i) the execution, delivery and performance by the
Developer of the Special Warranty Deed, Bills of Sale, Utility Easement Agreement
Drainage Facility Easement Agreement and each other document as may be reasonably
required in order to effect the conveyances, dedications and/or grants by the Developer
contemplated in the Developer's Agreement(collectively, the "Conveyance Documents"),
and (ii) the consummation of all of the transactions contemplated by the foregoing;
FURTHER RESOLVED, that each of the Developer Authorized Officers be, and
each of them hereby is, authorized, empowered and directed, in the name and on behalf
of the Developer, to negotiate, execute and deliver the Conveyance Documents, and
FURTHER RESOLVED, that all actions heretofore taken by any Authorized
Officer in connection with any matter referred to or contemplated in any of the foregoing
resolutions are hereby approved, ratified and confirmed in all respects.
[Signature Page Follows]
2
ORLDOCS 19338936 2 21706.0065
IN WITNESS WHEREOF, the General Partner has executed this Consent of the
Sole General Partner of Hawthorn IL PropCo, LP as of the date first written above.
CP HRG IL REIT I, LLC, a Delaware
limited liability company
By:
Name: Alan Spragins
Title: Chief Operating Officer
ORLDOCS 19338936 2 21706.0065
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