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HomeMy WebLinkAboutBackus Neil R. & Pearl H.-Conservation Easement Agreement- 2006 02 28111NN~1~INM~NINMNwwMM~N~NIMMMt~Ii Prepared by and return to: Katherine W. Latorre, Esquire Assistant City Attorney of Winter Springs Brown, Garganese, Weiss & D'Agr~ta, P.A. Post Office Box 2873 .r\ J Orlando, Florida 32802-2873 \11VV (407) 425-9566 M~tiY#l: MtlFtt,~~, [~,EilK OF C~Iiitx.IT i~ t7~iT ~rt~x.~ c~atxrrY Btt ~1~ Rqs t - i6; t9tws1' GL E Rhs' S #1 .c°d ~a;t~:y aH~"5~~ REED c>~f~9!' t19:s'5:1~ AN f~C[IEiUI1V[i FE~-S 7'&t~t~ R~L7ltiilt:~i1 AY t holden CONSERVATION EASEMENT AGREEMENT THIS CONSERVATION EASEMENT AGREEMENT is made this ,~1~~ay of ~t~~!~I _, 2006, by NEIL R. & PEARL H. BACKUS, individuals related as husband and wife ("Gran rs"), having a mailing address of 110 Panama Road, Winter Springs, Florida 32708, in favor of the CITY OF WINTER SPRINGS, a Florida municipal corporation whose address is 1126 East State Road 434, Winter Springs, Florida 32708 ("Grantee"). WITNESSETH: WHEREAS, Grantors own in fee simple certain real property located in the City of Winter Springs, Seminole County, Florida, identified as Parcel ID 02-21-30-SBI-OB00-006A ("the Property"); and WHEREAS, Grantors seek to subdivide the Property into two (2) lots of record pursuant to section 9-11 of the City Code; and WHEREAS, as a condition of granting approval for the lot split, and pursuant to the City of Winter Springs Comprehensive Plan, Conservation Element, Policy 1.4.4, Grantors are agreeable to granting and securing to the Grantee a perpetual conservation easement ("Conservation Easement") as defined in Section 704.069, Florida Statutes, over a certain identified portion of the Property, more particularly depicted and legally described in "Composite Exhibit A," attached hereto and fully incorporated herein by this reference ("Conservation Property"); and WHEREAS, Grantors desire to preserve the Conservation Property in its natural condition in perpetuity; and WHEREAS, there is planned to be an easement for sewer connection over and across the Conservation Property; and WHEREAS, Grantors desire to maintain their planned use of the sewer connection; and WHEREAS, Grantors represent that any planned use of the sewer connection will not otherwise interfere with the preservation of the Conservation Easement; and Conservation Easement Agreement Neil R. and Pearl H. Backus /City of Winter Springs Page 1 of 7 1VOW, THEREFORE, in consideration of the above and the mutual covenants, terms, conditions and restrictions contained herein, and pursuant to the provisions of Section 704.06, Florida Statutes, Grantors hereby voluntarily grant and convey to Grantee a conservation easement in perpetuity over the Conservation Property of the nature and character and to the extent hereinafter set forth (the "Conservation Easement"). Grantors fully warrant title to the Property and Conservation Property, and will warrant and defend the same against the lawful claims of all persons whomsoever: 1. Incorporation of Recitals. The foregoing recitals are hereby incorporated fully herein by this reference. 2. Purpose of Easement. This Conservation Easement is granted for the express and sole purpose to assure that the Conservation Property will be retained forever in its existing natural condition and to prevent any use of the Property that will impair or interfere with the environmental value of the Conservation Property. 3. Prohibited Uses. Except for restoration, creation, enhancement, maintenance and monitoring activities, or surface water management improvements, which may be permitted or required by law or government permit, the following activities are prohibited on, above or below the Conservation Property: (a) Constructing or placing any buildings, roads, signs, billboards or other advertising, utilities or other structures on, above or below the ground. (b) Dumping or placing soil or other substance or material as landfill or dumping or placing of trash, waste or unsightly or offensive materials. (c) Removing, mowing or destroying trees, shrubs, or other vegetation. (d) Excavating, dredging or removing loam, peat, gravel, soil, rock or other material substances in such a manner as to affect the surface. (e) Surface use, except for purposes that permit the land or water area to remain predominantly in its natural condition. (f) Activities detrimental to drainage, flood control, water conservation, erosion control, soil conservation, or fish and wildlife habitat preservation. (g) Acts or uses detrimental to such retention of land or water areas. (h) Acts or uses detrimental to the preservation of the structural integrity or physical appearance of sites or properties of historical, architectural, archaeological, or Conservation Easement Agreement Neil R. and Pearl H. Backus /City of Winter Springs Page 2 of 7 cultural significance. (i) Any uses in violation of the City of Winter Springs Comprehensive Plan and Code of Ordinances, as may be amended from time to time. 4. Reserved Rights. (a) Grantors reserve unto themselves, and their successors and assigns, all rights accruing from their ownership of the Property, including the right to engage in or permit or invite others to engage in all uses of the Property, that are not expressly prohibited herein and are not inconsistent with the purpose of this Conservation Easement. (b) Grantors reserve the right to extend the existing sewer connection located on the Property, pursuant to a duly executed Utility Easement approved by the City Commission, over and across the Conservation Properly to "Proposed Parcel B," depicted in "Composite Exhibit B." Grantors shall be solely responsible for any maintenance, repair and/or replacement required with regard to the sewer connection. Further, Grantors represent that such sewer connection shall not otherwise interfere with the preservation of the Conservation Property. 5. Rights of Grantee. To accomplish the purposes stated herein, Grantors convey the following rights to Grantee: (a) To enter upon and inspect the Property in a reasonable manner and at reasonable times to determine if Grantors or their successors and assigns and any invitees thereof are complying with the covenants and prohibitions contained in this Conservation Easement. (b) To proceed at law or in equity to enforce the provisions of this Conservation Easement and the covenants set forth herein, to prevent the occurrence of any of the prohibited activities set forth herein, and require the restoration of areas or features of the Conservation Property that maybe damaged by any activity inconsistent with this Conservation Easement. 6. Grantee's Enforcement Discretion. Grantee may enforce the terms of this Conservation Easement at its discretion, but if Grantors breach any term of this Conservation Easement and Grantee does not exercise its rights under this Conservation Easement, Grantee's forbearance shall not be construed to be a waiver by Grantee of such term, or of any subsequent breach of the same, or any other term of this Conservation Easement, or of any of the Grantee's rights under this Conservation Easement. No delay or omission by Grantee in the exercise of any right or remedy upon any breach by Grantors shall impair such right or remedy or be construed as a waiver. Grantee shall not be obligated to enforce the provisions of this Conservation Easement. Conservation Easement Agreement Neil R. and Pearl H. Backus /City of Winter Springs Page 3 of 7 Grantors acknowledge that failure to comply with the terms and conditions of this Conservation Easement will result in irreparable harm to the Conservation Property and that the Grantee shall be entitled to equitable relief to enforce said terms and conditions including, but not limited to, injunctive relief. Should the Grantee have to take legal action to enforce said terms and conditions against Grantors or its successors and assigns or any invitee, Grantee shall be entitled to reimbursement of any and all reasonable attorney's fees and costs incurred by Grantee in said enforcement action. 7. Grantee's Liability. Grantors will assume all liability for any injury or damage to the person or property of third parties which may occur on the Property arising from Grantor's ownership of the Property. Neither Grantors, nor any person or entity claiming by or through Grantors, shall hold Grantee liable for any damage or injury to person or personal property which may occur on the Property. Nothing herein shall be construed as a waiver of the Grantee's right to sovereign immunity under Section 768.28, Florida Statutes, or any other provision of law. 8. Acts Beyond Grantors' Control. Nothing contained in this Conservation Easement shall be construed to entitle Grantee to bring any action against Grantors for any injury to or change in the Property resulting from natural causes beyond Grantors' control, including, without limitation, fire, flood, storm and earth movement, or from any necessary action taken by Grantors under emergency conditions to prevent, abate or mitigate significant injury to the Conservation Property or to persons resulting from such causes. 9. Recordation. Grantee shall record this Conservation Easement in timely fashion in the Official Records of Seminole County, Florida, and shall re-record it at any time Grantee may require to preserve its rights. Grantee shall pay all recording costs and taxes necessary to record this Conversation Easement in the public records. Grantee will hold Grantors harmless from any recording costs or taxes necessary to record this Conversation Easement in the public records. 10. Successors. The covenants, terms, conditions and restrictions of this Conservation Easement shall be binding upon, and inure to the benefit of the parties hereto and their respective personal representatives, heirs, successors and assigns and shall continue as a servitude running in perpetuity with the Property. 11. Governing Law and Venue. The parties agree that this Agreement was consummated in Seminole County, and the site ofthe Conservation Easement is in Seminole County, Florida. This Agreement shall be governed by the laws of the State of Florida. Venue for all disputes shall be properly placed in Seminole County, Florida. 12. Notice. All notices, demands, requests, consents, approvals or other communications (collectively, "Notices") required or permitted to be given hereunder or which are given with respect to this Agreement shall be effective only if in writing and delivered by personal service, or delivered to an overnight courier service with guaranteed next day delivery or mailed by registered or certified Conservation Easement Agreement Neil R. and Pearl H. Backus /City of Winter Springs Page 4 of 7 mail, return receipt requested, postage prepaid, addressed as follows: TO GRANTORS: Neil R. and Pearl H. Backus 110 E. Panama Road Winter Springs, Florida 32708 TO GRANTEE: City of Winter Springs Attention: City Manager 1126 East State Road 434 Winter Springs, Florida 32708 Telephone: (407) 327-5957 or to such other address as such party shall have specified most recently by like Notice. The aforesaid attorneys for the parties hereto are hereby respectively authorized to give any Notice permitted under this Agreement. Any Notice given as provided herein shall be deemed received as follows: if delivered by personal service, on the date so delivered; if delivered to an overnight courier service, on the business day immediately following delivery to such service; and if mailed, on the third business day after mailing. 13. Amendment. This Conservation Easement may be amended, altered, released or revoked only by written agreement between the parties hereto or their heirs, assigns, or successors- in-interest, which shall be filed in the public records in Seminole County, Florida. TO HAVE AND TO HOLD unto Grantee forever. The covenants, terms, conditions, restrictions and purpose imposed with this Conservation Easement shall be binding upon Grantors, and shall continue as a servitude running in perpetuity with the Conservation Property. Grantors hereby covenant with said Grantee that Grantors are lawfully seized of said Property in fee simple; that the Property is free and clear of all encumbrances that are inconsistent with the terms of this Conservation Easement; that Grantors have good right and lawful authority to convey this Conservation Easement; and that it hereby fully warrants and defends the title to the Conservation Easement hereby conveyed against the lawful claims of all persons whomsoever. [EXECUTION PAGES FOLLOW] Conservation Easement Agreement Neil R. and Pearl H. Backus /City of Winter Springs Page5of7 IN WITNESS WHEREOF, Grantors and Grantee have set their respective hands on the day and year first above written. WITNESSES: Print, ame: aeau. Cam;-~ n Print Name: ' rint N e: ~,~,~b ~ ~,~ Print Name: STATE OF ~'aQA ) ss: COUNTY O On this o2~ days personally appeared Neil R. B the following identification ~ GRANTORS: Neil R. Backus, an individual BY~ I.c~C ~ , ~~ ~• ~-~- Pearl H. Backus, an individual 2006, before me, the undersigned notary public, who is personally known to me OR produced My Commission Expires: /°~J 6/~_ Serial Number: ~~ /jZZ~ T~ Conservation Easement Agreement Neil R. and Pearl H. Backus /City of Winter Springs Page 6 of 7 STATE OF ~ Dea- ) _ ) ss: COUNTY OF ) On this ~~ day of, personally appeared Pearl H. a~ the following identification ~,v ,,G WANDA FERNANDEZ-AlBAND02 ~~ Notary Pu51ic. State of Florida My comni, expires Dec. 16, 2006 No. DU172284 2006, before me, the undersigned notary public, 1, who is personally known to me OR produced No P lic to Florida My Commission Expires: ~ l~ ~~ Serial Number: ,d /J 7 Z ATTEST: LUACES, City Clerk Ap,~irov to legal form and sufficiency for the of inter Springs only: NTHONY . GARGANESE, City ttorney Conservation Easement Agreement Neil R. and Pearl H. Backus /City of Winter Springs Page 7 of 7 GRANTEE: CITY OF WINTER SPRINGS, at~unicipal corporation ~ 41'u' 0 -,~ ~ ' ° - .•' %y ~, ~' _ ~4 ~©~' ~~Ir ~ , ,.s - _ . ~ r,:.- w ri HN F. BUSH • ,l i1~`+ 'dp ~i x.10. _ 9 I , "flTem CONSISTS OF TWO SH.. .; & ,. VALID IN ITS ENnRETY ./ . J . , , /SHEET 2'FOR GRAPHICAL DEPlcnON .I / EXHIBIT i C-0tv1f>051 ~ J Lt A \ I I LEGAL DESCRIPnON: SHEET 1 OF 2 RESERVE:D FOR RECORDING INFORMA nON .. , ~" ,.;' '11"- . ., \. , PROPOSED CONSERVA nON & UPLAND BUFFER EASEMENT: COMMENCING A T THE NORTHWEST CORNER LOT-LOT 6, BLOCK B, NORTH ORLANDO RANCHES SEC. 1, ACCORDING TO THE;PLA T THEREOF, AS RECORDED IN PLA T BOOK 12, PAGE 3, IN THE PUBLIC RECORDS OF SEMINOLE COUNTY, FLORIDA RUN N 89.54'51" E, ALONG THE NORTH LINE OF SAID LOT 6, 252,62' FEET TO THE POINT OF BEGINNING,' THENCE DEPARnNG SAID NORTH LINE FOR THE FOLLOWING NINETEEN (19) COURSES: RUN S 25.00'08" ~ 59.34 FEET; THENCE S 11.05'29" E, 174.00 FEET; THENCE S 47"44'14" E, 37.79 FEET THENCE N 89.54'51" E, 85.93 FEET; THENCE S 00.05'09" E, 78.32 FEET; THENCE S 47"44'14" E, 1.48 FEET," THENCE S 70"27'45" E, 43.20 FEET,' THENCE S 20"23'53" E, 51.51 FEET,' THENCE N 83.46'34" E, 38.95 FEET,' THENCE N 07"57'01" E, 50,95 FEET,' THENCE N 18"28'24" ~ 44,74 FEET,' THENCE N 52.39'02" ~ 57.56 FEET,' THENCE N 41.56'44" ~ 54.73 FEET,' THENCE N 13"59'40" E, 46.90 FEET,' THENCE N 07"49'52" E, 56.15 FEET,' THENCE N 06.05'07" ~ 38.30 FEET,' THENCE N 03.50'19" W, 50.49 FEET,' THENCE N 10.19'43" W, 30.18 FEET TO THE AFORESAID NORTH LINE OF LOT 6; THENCE S 89"54'51" W, ALONG SAID NORTH LINE, 114.89 FEET TO THE POINT OF BEGINNING, CONSER VA nON EASEMENT LINE TABLE LINE L2 L3 L4 L5 L6 L7 L8 L9 L70 L77 L72 L73 L74 L75 L76 L77 L78 L79 L20 ,BEARING LENGTH S 25"00'08" W 59.34 S 77'05'29" E 774.00 S 47"44'74" E 37.79 N 89"54'57" E 85.93 S 00"05'09" E 78.32 S 47"44'74" E 7.48 S 70"27'45" E 43.20 N 20"23'53" W 57.57 N 83'46'34" E 38.95 N 07'57'07" E 50.95 N 78"28'24" W 44.74 N 52"39'02" W 57.56 N 47"56'44" W 54.73 N 73'59'40" W 46.90 N 07'49'52" E 56.75 N 06'05'07" W 38.30 N 03"50'79" W 50.49 N 70"79'43" W 30.78 S 89'54'57" W 774.89 SURVEYOR'S REPORT: THIS IS NOT A SURVEY 1) This is not 0 Svrvey. 2) Bearings ore based on: The North line of lot 6 os being; N 89'54'51" E. (per Plot) J) Vertical Datvm Is based on: N/A 4) The SvrVtlyor has not abstracted the lands shown hereon for easements and/or rights of way of record. 5) No vndergrovnd InstallatiOns, fovndatlon footings, or Improvements hove been located. 6) There may be additional restrictions that ore not recorded on this sketch that may be fovnd In the pvblic records of this covnty. 7)' There may be evidence on the grovnd of vse of the property which might svggest 0 possible claim of easement other than those shown on the sketch. 8) ThIs Sketch was prepared for the Identities named hereon and is "nontransferable", g) No Improvements have been located as a part of this sketch CER]J)FICA nON: Tnereby certIfy that the sketch represented dn thIs mop was mode under my direction on the dote shown bosed on the In!.~rmotlon furnished to me as noted and conforms to the MINIMUM TECHNICAl STANDARDS FOR LAND SUR\f:YING AND MAPPING IN lliE STATE OF FLORIDA In accordancs wltll .loI1.61G17-6, Florida AdmInistrative Cads. 00 to: Reviled: I Drawn by. SKETCH OF LEGAL DESCRIPnON 11/04/05 N/A Jwe F'llln!l~ 9f Jab No.: Scale: L/.. 04095-6 1" = 80' ICh~"te~bY. LEGEND P.D,B. - POINT OF BEGINNING (D) - PER DESCRIPnON P. C. - POINT OF CURVA TURE 7 - WE71.ANDS Fl.AG V.B.E. - UPLAND SUFrER EASEMENT CE/W - CONSERVA nON EASEMENT/ WE71.ANDS "Unless Noted Otherwise" For: PAUL ROSU r ~ JaO> -U m " - P"R.(ft!dCTsum. Professional Surveyor & Mapper Florida Registration No. 4702 "Not valid without the signature and the original raIsed seal of 0 florida licensed surveyor ond mapper" f":::::-'.BlCH SURVEYING & MAPPING CORP. 350 S. Central Ave.. Oviedo. Fl. 32765 P.O. Box 621892. Oviedo. Fl. 32762 Voice (407) 365-1036 Fax (407) 365-1838 licensed Business No, 5777 ....... I\) -0 C) en (,.) CIJ m ~ " , . THIS SKETCH CONSISTS OF TWO SHt... IS & IS ONL Y VA{j{) iN' ITS ENnRETY SEE SHEET 1 fOR LEGAL DESCRIPnON \ \ pel ~ri::' ~\~ ~~ ~ ~~ \ SHEET 2 OF 2 RESERVCD FOR RECORDING INFORMA nON - NW CORNER OF LOT 6 BLOCK 8 P. O.B. CONSER VA nON EASEMENT N 89.54'51" E 374,54' -252.62'_ _ NORTH UNE OF LOT 6 N 89.54'51"""E- 150.00' P. O. C. CONSER VA nON EASEMENT !: CJl UPLANDS UPLANDS CONSERVA nON EASEMENT/ WE:TLANDS '\ 6'f <0 'v0 oG <o'v ~ c ll) ~ ll) ~ (') N PROPOSED PARCEL A 2.03 ACRES:t '\ 6 'vO ~ PROPOSED PARCEL 8 1.57 ACRES:t - 25.0' \ P.C. rz l.a.J .... -.J = 0) ~ ll) ~ c c V) \() C"l u) ll) C"l ( S 89.54'51" W 341,03 1f M"ST 340.97'(0) ~ '\ 6 'vO . o ........ ~ e. t'1 "to) "l- - o u) ~ ~ NOT INCLUDED 40.0' EAST 325'(0) \, S 89.54'51" W 150.00' 475.00' r ~ m -0 OJ kJ S 89'54'51" W PANAMA ROAD 50' RIGHT OF WAY (PER PLAT) Dot.: ...... I\) Reviled: For: SKETCH OF LEGAL DESCRIPnON Job No.: P.R.(RIck) Bum. Professional Surve~r & Mapper -n Florida Registrotion No. 4702 U "Not valid without the signature and the original rolsed ^ seal of 0 Florida licensed surveyor ond mapper m /m.o 1.BaN' C"J "SURVEYING & MAPPING CORP. 350 S. Central Ave., Oviedo, FI. 32765 (J) P.O. Box 621892, Oviedo, FI. 32762 m Voice (407) 365-1036 Fax (407) 365-1838 ~ Licensed Business No. 5777 ::::. 11 04 05 PAUL ROSU 04095-6 P.O.B. (D) P.C. 7 U.8.E. CE/W LEGEND - POINT OF BEGINNING - PER DESCRIPnON - POINT OF CURVA TURE - WE:TLANDS FLAG - UPLAND 8UFFFR EASEMENT - CONSERVA nON EASEMENT/ WE:TLANDS "Unless Noted Otherwise"