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HomeMy WebLinkAbout2006 02 27 Public Hearing Item 203 Backus lot split COMMISSION AGENDA ITEM 203 Public Hearing X February 27.2006 Meeting Mgr./Dept. REQUEST: Community Development Department requests that the Commission approve the Backus lot split, and authorize its recordation. PURPOSE: The purpose of this agenda item is to approve and authorize recordation of the Backus lot split. The applicant wishes to divide an existing 3.6 acre lot (A portion of Lot 6, Block B, North Orlando Ranches, Section 1) into one 2.03 acre lot abutting S. Moss Road and one 1.57 acre lot abutting E. Panama Road. APPLICABLE CODE: Section 9-1. Def"mitions. Section 9-2. Division of land; City Commission approval required. Section 9-3. Dividing platted property. Section 9-4. Waiver to subdivision requirements. Section 9-10. General Criteria for Approval. Section 9-11 Lot Splits. Section 20-1. Def"mitions. Section 2(b), Article VIII, of the State Constitution Chapter 177, Florida Statutes. Chapter 197, Florida Statutes (Section 197.333 When taxes due; delinquent). CONSIDERATIONS: The 3.6 acre site is located on the north side of Panama Road and east side of South Moss Road. The site has a Rural Residential Future Land Use designation (minimum 1 acre lots) and RC-I zoning (minimum 1 acre lots). The vacant site contains a wetland (a conservation easement over the wetland and 25' upland buffer must be conveyed to the City before the lot split is recorded). Staff has reviewed the application and has determined that the application is consistent with all of the criteria set forth in Section 9-10 (General Criteria for Approval) and Section 9-11 (Lot Splits). No new streets are required for this development. An 8 inch diameter potable water line presently extends along the January 23, 2006 Public Hearing Agenda Item 203 Page 2 south side of East Panama Road and on the east side of Moss Road and is already "stubbed out" to each of the proposed new lots. An eight inch diameter sanitary sewer line extends south along Moss Road, with a "stub-out" to the site and to the existing Backus homestead at the 1.5 acre lots at the comer of Moss Road and East Panama. The applicant proposes to extend the sanitary sewer line across the south end of the proposed Parcel A to connect to the proposed Parcel B. No off- site improvements are required. The Lot Split Resolution is being provided by the City Attorney. CHRONOLOGY: Aug. 28, 1972 Aug. 13, 1990 July 21,2004 Oct. 7,2004 Oct. 25, 2004 Sept. 12, 2005 FINDINGS: 5.163 acres purchased by Neil & Pearl Backus Lot split into one 1.5 acre lot at comer and one 3.6 acre L-shaped lot with 250' frontage on S. Moss and 150' frontage on E. Panama. Variance application from Chapter 9 of City Code to further divide property submitted to city of winter springs BOA voted to recommend variance be denied City Commission voted unanimously to deny variance City Commission adopts Ordinance No. 2005-23, amending Chapter 9 of the City Code, to allow subdivision of previously divided platted lots as well as lot splits 1. The lot split is consistent with the Comprehensive Plan and City Code. 2. The City staff has reviewed the lot split and recommends approval, subject to (1) the City Attorney's review and approval of the surveys, title opinion, and draft conservation easement. The applicant must make any changes or provide any additional information required by the City Attorney, prior to execution and recordation. The applicant must pay for recordation and the City's copies of the plat before recordation. RECOMMENDATION: Staff recommends that the City Commission approve and authorize recordation of the Backus lot split, subject to (1) the City Attorney's review and comments and (2) documentation that the 2005 property taxes have been paid, and (3) the applicant to pay for recording the lot split resolution and conservation easement. A TT ACHMENTS: A Location map B Surveys & Legal description of conservation easement C Water & Sewer map 2 January 23, 2006 Public Hearing Agenda Item 203 Page 3 D Draft conservation easement E Lot split resolution (to be provided by City Attorney) COMMISSION ACTION: 3 G 410 F 170 180 140 150 160 120 130 lIO 135 101 lI5 505 500 Municipal Address Map Book Apr 2005 City of Winter Springs, FL 165 175 383 155 5 135 145 H o 120 130 140 150 160 170 135 145 155 165 105 (EAST) B A 3 Southem Boundary 6 NOTES: 185 195 400 40 7 8 o 200 400 , Feet 3: Map page 2436 Developed By' Sout'. ~ . Southeastern Surveying & Mapping Corp PAGE LOCATION KEY MAP WITH 1 & 2 MILE RADIUS RINGS THIS SKETCH CONSISTS OF TWO SHEETS & SHEET 1 OF2 IS ONL Y VALID IN ITS ENTIRETY RESERVED FOR RECORDING INFORMA nON SEE SHEET 2 FOR GRAPHICAL DEPICTION LEGAL DESCRIPTION: PROPOSED CONSERVATION & UPLAND BUFFER EASEMENT: COMMENCING A T THE NORTHWEST CORNER LOT 6, BLOCK B, NOR TH ORLANDO RANCHES SEC. 1, ACCORDING TO THE PLA T THEREOF, AS RECORDED IN PLA T BOOK 12, PA GE 3, IN THE PUBLIC RECORDS OF SEMINOLE COUNTY, FL ORIDA RUN N 89'54'51" E, ALONG THE NOR TH LINE OF SAID LOT 6, 254.61 FEET TO THE POIN T OF BEGINNING; THENCE DEPARTING SAID NORTH LINE FOR THE FOLLOWING EIGHTEEN (18) COURSES: RUN S 2'49'58" ~ 49.49 FEET; THENCE r- 11'05'29" E, 166.10 FEET; THENCE S 37'46'08" E, 47.43 FEET; THENCE N 89'54'51" E, 61.75 FEET; THENCE S 00'05'09" E, 78.93 FEET; THENCE S 70"27'45" E, 44.37 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 52039'02" ~ 57.56 FEET; THENCE N 41'56'44" ~ 54.73 FEET; THENCE N 13'59'40" ~ 46.90 FEET; THENCE N 07'49'52" E, 56.15 FEET; THENCE N 06005'07" ~ 38.30 FEET; THENCE N 03'50'19" YY, 50.49 FEET; THENCE N 10'19'43" ~ 30. 18 FEET TO THE AFORESAID NORTH LINE OF LOT 6; THENCE S 89054 '51" YY, ALONG SAID NORTH LINE, 112.90 FEET TO THE POIN T OF BEGINNING, LINE TABLE LINE BEARING LENGTH U N 04'34'00" W 50.13 L9 S 20'23'53" E 51.51 UO N 83'46'34" E 38.95 U1 N 07'57'01" E 50.95 U2 N 1828'24" W 44.74 L13 N 52'39'02" W 57.56 L14 N 41"56'44" W 54.73 U5 N 13'59'40" W 46.90 L16 N 07'49'52" E 56.15 U7 N 06'05'07" W 38.30 L18 N 03'50'19" W 50.49 L19 N 10'19'43" W 30.18 L22 N 89'54'51" E 61.75 L23 S 37'46'08" E 47. 43 L24 S 11'05'29" E 166.10 L25 S 02'49'58" W 49.49 L26 S 00'05'09" E 78.93 L27 S 70'27'45" E 44.37 L28 S 89'54'51" W 112. 90 CURVE TABLE CURVE RADIUS DELTA LENGTH CHORD BEARING c211472.401 7'52'27"1 202.351 202.211 N 08'30'11" W SURVEYOR'S REPORT: THIS IS NOT A SURVEY 1) This is not 0 Survey. 2) Bearings are based on: The North iine of lot 6 as being; N 89'54'51' E. (per Plat) J) Vertical Datum is based on: N/A 4) The Surveyor has not abstracted ihe lands shown hereon for easements and/or rights of way of record. 5) No underground installations, foundation footings, or improvements have been located. 6) There may be additional restrictions that are not recorded on this sketch that may be found in the public records of this county. 7) There may be evidence on the ground of use of the property which might suggest a possible claim of easement ather than those shawn an the sketch. 8) This Sketch was prepared for the Identities named hereon and is "nontransferable". 9) No Improvements have been located as a part of this sketch. 10) The approximate wetland limits depIcted hereon were established by others to include clients direction. CERTIFICATION: hereby certify that the sketch represented on this mop was mode under my direction on the dote shown based on the Information furnished to me os noted ana conforms to th. tollNltolUtol TECHNICAL STANDARDS FOR LAND SURVE'l1NG AND tolAPPING IN THE STATE OF FlORIDA In accordanc. with j;H.61G17-6, Florida Administrative Cod.. Oato: Revised: 2/2/06 RJE I urown by. ///' \ SKETCH OF LEGAL DESCRIPTION 11/04/05 ADJUSTED ""'MND UNE JW1il PER CUENTS DtRECllON I Fi~)l , ..... P .Ro(RIck) D.""- _ '" For: Jab No.: Seal 0: 04095-6 1" = 80' I (,;heckod by. Professional Surveyor & Mapper Florida Registration No. 4702 PAUL ROSU o:'fJ3OJ "Not valid without the signature and the original raised LEGEND seal of 0 Florida licensed surveyor and mapper" P.O.B. = POINT OF BEGINNING /ANO IECH (0) - PER OESCRIPnON P.C. = POINT OF CURVA TURE " '" U.B.E. - UPLAND BUFFER EASEMENT SURVEYING & MAPPING CORP. CE/W = CONSERVA nON EASEMENT/ 350 S. Central Ave., Oviedo, Fl. 32765 WETLANDS P.O. Bo. 621892. Oviedo. FI. 32762 Voice (407) 365-1036 Fox (407) 365-1838 "Unless Noted Otherwise" Licensed Business No. 5777 THIS SKETCH CONSISTS OF TWO SHEETS & IS ONLY VALID IN ITS ENTIRETY SEE SHEET 1 FOR LEGAL DESCRIPTION SHEET 2 OF 2 RESERVED FOR RECORDING INFORMATION NW CORNER OF' LOT 6 BLOCK B P.O.B. CONSERVATION EASEMENT N 89"54'51" E 254.61' NORTH LlN~ OF' LOT 6 ATTACHMENT C Prepared by and return to: Katherine W. Latorre, Esquire Assistant City Attorney of Winter Springs Brown, Garganese, Weiss & D' Agresta, P .A. Post Office Box 2873 Orlando, Florida 32802-2873 (407) 425-9566 CONSERVATION EASEMENT AGREEMENT THIS CONSERVATION EASEMENT AGREEMENT is made this day of ,2006, by NEIL R. & PEARL H. BACKUS, individuals related as husband and wife ("Grantors"), 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, more particularly depicted and legally described in "Exhibit A," attached hereto and fully incorporated herein by this reference ("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 B," 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 I City of Winter Springs Page 1 of7 NOW, 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 I City of Winter Springs Page 2 of7 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 Riehts. (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 Property 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 may be 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 I 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 Bevond 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. Governin2: 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 ifin 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 I City of Winter Springs Page 4 of7 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 I City of Winter Springs Page 5 of7 IN WITNESS WHEREOF, Grantors and Grantee have set their respective hands on the day and year first above written. WITNESSES: GRANTORS: Neil R. Backus, an individual Print Name: By: Print Name: Pearl H. Backus, an individual Print Name: By: Print Name: STATE OF ) ) ss: ) COUNTY OF On this day of ,2006, before me, the undersigned notary public, personally appeared Neil R. Backus, an individual, who is personally known to me OR produced the following identification Notary Public, State of Florida [SEAL] My Commission Expires: Serial Number: Conservation Easement Agreement Neil R. and Pearl H. Backus I City of Winter Springs Page 6 of7 STATE OF ) ) ss: ) COUNTY OF On this day of ,2006, before me, the undersigned notary public, personally appeared Pearl H. Backus, an individual, who is personally known to me OR produced the following identification [SEAL] ATTEST: ANDREA LORENZO-LUACES, City Clerk Approved as to legal form and sufficiency for the City of Winter Springs only: ANTHONY A. GARGANESE, City Attorney Notary Public, State of Florida My Commission Expires: Serial Number: GRANTEE: CITY OF WINTER SPRINGS, a municipal corporation JOHN F. BUSH, Mayor Conservation Easement Agreement Neil R. and Pearl H. Backus I City of Winter Springs Page 7 of 7 RESOLUTION NO. 2006-15 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, SEMINOLE COUNTY, FLORIDA, PROVIDING FOR THE DIVISION OF A PLATTED SINGLE LOT OWNED BY NEIL R. & PEARL H. BACKUS AND GENERALL Y LOCATED ON AND ABUTTING EAST PANAMA ROAD AND SOUTH MOSS ROAD, WINTER SPRINGS, FLORIDA, INTO TWO (2) LOTS OF RECORD FOR DEVELOPMENT PURPOSES; PROVIDING FOR REPEAL OF PRIOR INCONSISTENT RESOLUTIONS, SEVERABILITY, AND AN EFFECTIVE DATE. WHEREAS, the City is granted the authority, under Section 2(b), Article VIII, of the State Constitution, to exercise any power for municipal purposes, except when expressly prohibited by law; and WHEREAS, section 9-3 of the City Code allows an owner of a single lot of sufficient size that satisfies zoning bulk regulations, except in a platted area of a planned unit development, to divide a platted single lot; and WHEREAS, section 9-11 of the City Code authorizes the City Commission to approve such division, generally referred to as a "lot split," by resolution, and sets forth the prerequisites and application process for lot splits; and WHEREAS, Neil R. & Pearl H. Backus (hereinafter "Owners") are the owners of certain real property generally located on and abutting East Panama Road and South Moss Road, Winter Springs, Florida, more particularly depicted and legally described herein; and WHEREAS, Owners have petitioned the City, pursuant to section 9-11 ofthe City Code, to divide said property into two (2) separate lots; and WHEREAS, said lots are more particularly depicted and legally described herein; and WHEREAS, the City Commission fmds that Owners have satisfied all of the requirements for lot splits set forth in section 9-11 of the City Code; and WHEREAS, the City Commission of the City of Winter Springs finds that this Resolution is in the best interests of the public health, safety, and welfare of the citizens of Winter Springs. NOW THEREFORE, THE CITY COMMISSION OF THE CITY OF WINTER City of Winter Springs Resolution 2006-15 Page 1 of 3 SPRINGS HEREBY RESOLVES, AS FOLLOWS: Section 1. Recitals. The foregoing recitals are deemed true and correct and are hereby fully incorporated by this reference. Section 2. Approval of Lot Split. The City Commission hereby approves, pursuant to section 9-11 of the City Code, the division of the real property, parcel ID No. 02-21-30-5BI-OBOO-006A, generally located on and abutting East Panama Road and South Moss Road, Winter Springs, Florida, into two (2) separate lots. Such lots are more particularly depicted and legally described as "Parcel A" and "Parcel B" in "Composite Exhibit A," attached hereto and fully incorporated herein by this reference. Upon recordation of this Resolution in the Official Public Records of Seminole County, Florida, said lots shall each be deemed a lot of record for development purposes pursuant to applicable law. Section 3. Repeal of Prior Inconsistent Resolutions. All prior inconsistent resolutions adopted by the City Commission, or parts of prior resolutions in conflict herewith, are hereby repealed to the extent of the conflict. Section 4. Severabilitv. If any section, subsection, sentence, clause, phrase, word or provision of this Resolution is for any reason held invalid or unconstitutional by any court of competent jurisdiction, whether for substantive, procedural, or any other reason, such portion shall be deemed a separate, distinct and independent provision, and such holding shall not affect the validity of the remaining portions of this Resolution. Section 5. Instructions to Staff. Pursuant to section 9-11 (b )(2) ofthe City Code, the City Clerk is hereby directed to record this Resolution in the Official Public Records of Seminole County, Florida. The Community Development Department is hereby directed to modify city maps and documents to reflect the lot split. Section 6. Effective Date. This Resolution shall become effective immediately upon adoption by the City Commission of the City of Winter Springs. [ADOPTION PAGE FOLLOWS] City of Winter Springs Resolution 2006-15 Page 2 of 3 RESOL VED by the City Commission of the City of Winter Springs, Florida, in a regular meeting assembled on the _ day of , 2006. John F. Bush, Mayor ATTEST: Andrea Lorenzo-Luaces, City Clerk Approved as to legal form and sufficiency for the City of Winter Springs only: ANTHONY A. GARGANESE, City Attorney City of W inter Springs Resolution 2006-15 Page3of3 LARGE PLANS DOCUMENT AVAILABLE AT CITY HALL. Debra S. Babb-Nutcher" Usher L. Brown + Suzanne D'AgrestaO Anthony A. GarganeseO J.W. Taylor Jeffrey S. Weiss BROWN, GARGANESE, WEISS & D'AGRESTA, P.A. RECEIVED MAR 2.0 2006 Joseph E. Blitch Scott J. Dornstein CITY OF lNINTER Andrew M. Fisher OFFICE OF THe CI~~~atherine W. Latorre ~aul H. McLester Amy J. Pitsch Attorneys at Law Offices in Orlando, Kissimmee & Cocoa +Board Certified Civil Trial Lawyer oBoard Certified City, County & Local Government Law Erin J. O'Leary Of Counsel Via U.S. Mail March 17,2006 Andrea Lorenzo-Luaces, City Clerk City of Winter Springs 1126 East State Road 434 Winter Springs, Florida 32708 Re: Recorded Conservation EasementAgreementfor Backus and Recorded Lot Split Resolution 2006-15 Dear Andrea: Please find enclosed for safekeeping, the original Conservation Easement and Resolution as referenced above. Should you have any questions, please do not hesitate to contact our offices. Very truly yours ~c(~k Sandi Bowker Assistant to A. Garganese City Attorney Enclosure /slb 225 East Robinson Street, Suite 660 . P.O. Box 2873 . Orlando, Florida 32802-2873 Orlando (407) 425-9566 Fax (407) 425-9596. Kissimmee (321) 402-0144. Cocoa (866) 425-9566 Website: www.orlandolaw.net . Email: firm@orlandolaw.net , ,.....................,. Prepared'by and return to: Katherine W. Latorre, Esquire Assistant City Attorney of Winter Springs Brown, Garganese, Weiss & D'A(\J' , P.A. Post Office Box 2873 Orlando, Florida 32802-2873 (407) 425-9566 MARYAtN: ~t Illff( IF CllOllT ClJRT Samo.E cwm 8K 06153 Pgs 0038 - 46, (9pgs) CLERK'S ~ f~K~.38295 RECORDED 03109/2006 09:35: 13 AM RECORbltIi FEES 78.00 RECflNDl:1) BY t haldfn CONSERVATION EASEMENT AGREEMENT THIS CONSERVATION EASEMENT AGREEMENT is made this X#aayof ff!b~ ,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 02-21-30-5BI-OBOO-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 I City of Winter Springs Page 1 of7 . . NOW, 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 I City of Winter Springs Page 2 of7 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 Ri~hts. ( 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 Property 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. Ri~hts 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 may be 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 of7 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. Governine Law and Venue. The parties agree that this Agreement was consummated in Seminole County, and the site of the 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. BilCkus I City of Winter Springs Page 4 of7 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 HA VE 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 I City of Winter Springs Page 5 of7 IN WITNESS WHEREOF, Grantors and Grantee have set their respective hands on the day and year first above written, WITNESSES: GRANTORS: Prin~~ ~Ll.6vlMA Print Name: ~ ~l1sF Neil R. Backus, an individual By: ~L /~/AP, C4e-r;;x i PlY. ~ ~ </. J ~t N e: d/ ~#'_~ Pearl H. Backus, an individual By:(j)4//k-~g~ Print Name: STATE OF !1oAt'dP- ) ~s: COUNTY 0 , 2006, before me, the undersigned notary public, '(lual, who is personally known to me OR produced ~ [S WANDA FEffNAHDez.ALBANDOZ Not~ry PUiJliC;, S'3te of Florida My comm, eXfJlI'es Dec. 16,2006 No. 00172284 Conservation Easement Agreement Neil R. and Pearl H. Backus / City of Winter Springs Page 6 of7 STATE OF~\dA- ) /' _ /J ) ss: COUNTYO~) ~~ ,. WANDA FERNANDEZ-ALBANDOZ i \ Notary Public, Slale of Florida My comm. expires Dec. 16.2006 No. 00172284 , 2006, before me, the undersigned notary public, idual, who is personally known to me OR produced On this c2.F! day of personally appeared Pearl H. the following identification [ My Commission Expires: J. Serial Number: b /":;) 72- ./ GRANTEE: ~' ATTEST: CITY OF WINTER SPRI~{iS,'iMillU1l~~ipal . corporation ._<- "failla,,, >'" ." ,tI'a . . . . . . '. . '. ..f..l' I ,: '-oi..I'+I' .'. "11. I, i' ; ~ ,,~i~~:"_, ". ~ .., " r v.p ',~~.. . ,. ,I' ~ - "" I.'. HNF.BUSH, ~ . : -J ~ " '.~~~ ~ ~.:!1: "~ ~.~ cYO~~\ ./ oS'-: ~tr'lA. e. .' ..} .: ~~!,. ~;.-..,.,..., . e". , "" 0 1tJ.~ ,oe \\\ ", , \\"""", ~ 1.' , lliLi1;"A .''''!e(! to legal form and sufficiency for inter Springs only: Conservation Easement Agreement Neil R. and Pearl H, Backus / City of Winter Springs Page 7 of7 I , I " . itCH CONSISTS OF TWO Sh~ .; & / VALID IN ITS ENTIRETY fEET ; '~OR GRAPHICAL DEPICnON / II EXHIBI~ i L..OtJ\,pO'5\ \ ~ I l( A \ I : LEGAL DESCRIPnON: SHEET 1 OF 2 RESERVED FOR RECORDING INFORMA nON ~ t~::~ ... PROPOSED CONSER VA nON &' UPLAND BUFFER EASEMENT: COMMENCING A T THE N6RTHWEST 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 SE).tfINOLE 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 DEPARTING 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 2023'53" E, 51.51 FEET,' THENCE N 83"46'34" E, 38.95 .. FEET,' THENCE N 07"57'01" E, 50.95 FEET,' THENCE N 1828'24" ~ 44.74 FEET,' THENCE N 52'39'02" ~ 57.56 FEET,' THENCE N 41'56'44" /tv, 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" ~ 50.49 FEET,' THENCE N 10'19'43" /tv, 30.18 FEET TO THE AFORESAID NORTH LINE OF LOT 6; THENCE S 89'54'51" ~ ALONG SAID NORTH LINE, 114.89 FEET TO THE POINT OF BEGINNING. CONSER VA TlON EASEMENT LINE lABLE LINE L2 L3 L4 L5 L6 L7 L8 L9 L10 L11 L12 L13 L14 L15 L16 L17 L18 L19 L20 . BEARING LENGTH S 25'00'08" W 59.34 S 11'05'29" E 174.00 S 47'44'14" E 37.79 N 89'54'51" E 85.93 S 00'05'09" E ' 78.32 S 47'44'14" E 1.48 S 70"27'45" E 43.20 N 20"23'53" W 51.51 N 83'46'34" E 38.95 N 07'57'01" E 50.95 N18"28'24" W 44.74 N 52'39'02" W 57.56 N 41'56'44" W 54.73 N 13'59'40" W 46.90. N 07'49'52" E 56.15 N 06'05'07" W 38.30 N 03'50'19" W 50.49 N 10'19'43" W 30.18 S 89'54'51" W 114.89 SURVEYOR'S REPORT: THIS IS NOT A SURVEY 7) . This Is not 0 Survey. 2) Bearlngs are bastld on: The Narth line of lot 6 as being: N 89'54'57" c. (per Plat) J) Vertical Datum Is based on: N/A 4) The Surveyor has not abstracted the londs shown hereon for easements and/or rights of way of record. 5) Na underground installations, foundation footings, or Improvements have been located. 6) There may be additional restrictions that are not recorded on this sketch that may be found In the public records of this county. 7)' There may be evidence on the ground of use of the property which might suggest 0 possible claim of easement other thon those shown on the sketch. B) Thlli Sketch was prepared for the Identities named hereOn and Is "nontransferable". 9) tlo Improvements have been located as a part of this sketch: CERT:lFlCA nON: . f her'eby certIfy that the .lIketch repre.ented dn thl. mop was mode under my direction on the dote ahown baaed on the Information fumlahed to me aa notad and conforma to the UINIUUU TECHNICAl STANDARDS FOR lAND SURVE'IING AND UAPPING IN lIiE STATE Of' fLORJDA In accordance w/Ul.,gi.61G17-6, AorIdo Admlnlatrotlve Code. DOle: Re"lOd: Drawn .!y. ~:~TCH OF LEGAL DESCRIPnON Jl1{04/05 Scole: N/A . "vi 04095-6 1" = 80' Ul~~by. . PAUL ROSU r fl P> ." CD ///~\ ,., - P.R.(K!C*} .1RIl1lI Professlonol Surveyor & Mopper FlorIda Reglstrotlon No. 4702 "Not valid wIthout the algnature and the origInal ralaed .eal of 0 Florida IIcenaed aUrYe)lOr and mapper" 1~8C.H " .... .~ '1J C) CIJ fJJ CIJ m ~ P.O.B. (D) P.C. 7 U.8.c. CE/W LEGEND - POINT OF BEGINNING - PER DESCRIPnON - POINT OF' CURVA TURE - WE:'Tl.ANDS F1.AG - UPLAND BUFFeR EAsalOIT - CGWSERVA TlON EASEJ/ENT/ WE:7UNDS "Unless Noted OtherwIse" SURVEYING & MAPPING CORP. 350 S. Centrol Ave., Oviedo. A. 32765 P.O. Box 621892, Oviedo. A. 327.62 Voice ('407) 365-1036 Fox (407) 365-1838 L1cenled BUllne.. No. 5777 .. 1 I I. THIS SKETCH CONSISTS OF TWO SHt...,S &- IS ONL Y VAL/9 tN ITS ENnRETY SEE SHEET 1 FOR LEGAL DESCRIPnON , '-~J '..; ;'.1 \ \ \ pel ~I\l ~ ~~ I SHEET 2 OF 2 i:S " >'., RESERVCD FOR RECORDING INFORMA nON '! ~ 0' NW CORNER CF LOT 6 BLOCK B P,O,B. CONSER VA nON EASEMENT N 89'54'51" E 374.54' -252.62'_ _ NORTH UNE OF LOT 6 N 89'54'ffE- 150.00' !: UPLANOS co .. '\ O'f. <(> !:c ~It) ~ 'vO oG ~ <(>\; .. c ~ PROPOSED It) r PARCEL 8 ~ 1.57 ACRES:f It) "" P.O.c. CONSER VA nON EASEMENT UPLANDS PROPOSED PARCEL A 2.03 ACRES:f P.C. '\ 0 'vO lu .... ..... : 0) ..c ~ . c c CI) IQ ~ It) It) ~ ( S 89'54 '51" W 341.03 ff ~ST 340.97'(0) ~ '\ 0 'vO . c c C3' ";. ~ ~ I") ~ - c ~ <: ~ NOT INCLUDED 40.0' EAST 325'(0) \, S 89'54'51" W 150.00' k1 S 89'54'51" W 475.00' -' PANAMA BOA]) 50' RIGHT OF WA Y (PER PLA T) r ~ 0) -u OJ PAUL ROSU Data: 11 04 05 Job No.: 04095-6 For: SKETCH OF LEGAL, DESCRIPTION Reviled: P.O.B. (0) P.C. 7 U.B.E. CE'/W LEGEND - POINT OF BEGINNING - PER OESCRIPnON - POINT OF CURVA TURE - WCTLANOS FLAG - UPLAND BUFfER EASEMENT - CONSERVA nON EASDtIOIT/ WCTLANDS .Unless Noted Otherwise" -4 I\) P.R.(RIck) Bum. Professional Surve~r '" Mapper ..,., Florida Registration No. 4702 U "Not VGlld without the signature and the origInal raIsed r\ seal of a' florida licensed SUM Ond m!lpper" ~ /.:J:::'J.BCH GJ A SURVEYING & MAPPING CORP, 3~0 S. Central Ave., Oviedo, Fl. 32765 CJ) P.O. Box 62-1892, Oviedo, Fl. 32762 m . Voice (407) 365-1036 fox (407) 365-1838 ,. Licensed Bulin... No. 5777 :::... L J' t ':'i';T.~; If ;1}-:::_' ;:<< ;~~ <1 <'.~~ 'i~.i., ~..',.:;_ \;\:1.:' , ",:', :'. .,.;. .'~ -~,~,,'::'.'t MARYANNE MORSE CLfRKOF COURr, SEMINOLE COUNTY 301 NORTH PARK AVE SANFO~D, fL 32771 407-665-4411 OArE:03/09/2006 TIME:09:35: 13 AM RfCEIPT:316183 BROWN GARBANESE WEISS ET AL CODE - 1029 ITEM -01 E 09:35:13 AM FILE:2006038295 BK/PG:O 615310038 RECORDJNG FEE 78.00 $5 OR LESS OVERAGE 0.70 Sub. Total 78.70 ------------------------ AMOUNT DUE: $78.70 PAID CHECK: $78.70 Check 11:20563 $78.70 rorAl PAID: $78.70 REC BY:THOLDEN DEPUTY Clt:RK Have a Nice Day ~ } ZJ +" 1 t l ~ , ~ ~ RESOLUTION NO. 2006-15 ~II~;~I ~i ~~!I :mi:i~J [,ii~~ ; Itca~, .CSU;UI .. o~ ::: !Ii; ~ - ::. \1 n i~- ~ -I A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, SEMINOLE COUNTY, FLORIDA, PROVIDING FOR THE DIVISION OF A PLATTED SINGLE LOT OWNED BY NEIL R. & PEARL H. BACKUS AND GENERALLY LOCATED ON AND ABUTTING EAST PANAMA ROAD AND SOUTH MOSS ROAD, WINTER SPRINGS, FLORIDA, INTO TWO (2) LOTS OF RECORD FOR DEVELOPMENT PURPOSES; PROVIDING FOR REPEAL OF PRIOR INCONSISTENT RESOLUTIONS, SEVERABILITY, AND AN EFFECTIVE DATE. ~ WHEREAS, the City is granted the authority, under Section 2(b), Article VIII, of the State Constitution, to exercise any power for municipal purposes, except when expressly prohibited by law; and WHEREAS, section 9-3 of the City Code allows an owner ofa single lot of sufficient size that satisfies zoning bulk regulations, except in a platted area of a planned unit development, to divide a platted single lot; and WHEREAS, section 9-11 of the City Code authorizes the City Commission to approve such division, generally referred to as a "lot split," by resolution, and sets forth the prerequisites an~ application process for lot splits; and WHEREAS, Neil R. & Pearl H. Backus (hereinafter "Owners") are the owners of certain real property generally located on and abutting East Panama Road and South Moss Road, Winter Springs, Florida, more particularly depicted and legally described herein; and WHEREAS, Owners have petitioned the City, pursuant to section 9-11 of the City Code, to divide said property into two (2) separate lots; and WHEREAS, said lots are more particularly depicted and legally described herein; and WHEREAS, the City Commission finds that Owners have satisfied all of the requirements for lot splits set forth in section 9-11 of the City Code; and WHEREAS, the City Commission of the City of Winter Springs finds that this Resolution is in the best interests of the public health, safety, and welfare of the citizens of Winter Springs. NOW THEREFORE, THE CITY COMMISSION OF THE CITY OF WINTER City of Winter Springs Resolution 2006-15 Page 1 00 SPRINGS HEREBY RESOLVES, AS FOLLOWS: Section 1. Recitals. The foregoing recitals are deemed true and correct and are hereby fully incorporated by this reference. Section 2. Approval of Lot Split. The City Commission hereby approves, pursuant to section 9-11 of the City Code, the division of the real property, parcel ID No. 02-21-30-5BI-OBOO-006A, generally located on and abutting East Panama Road and South Moss Road, Winter Springs, Florida, into two (2) separate lots. Such lots are more particularly depicted and legally described as "Parcel A" and "Parcel B" in "Composite Exhibit A," attached hereto and fully incorporated herein by this reference. Upon recordation of this Resolution in the Official Public Records of Seminole County, Florida, said lots shall each be deemed a lot of record for development purposes pursuant to applicable law. Section 3. Repeal of Prior Inconsistent Resolutions. All prior inconsistent resolutions adopted by the City Commission, or parts of prior resolutions in conflict herewith, are hereby repealed to the extent of the conflict. Section 4. Severability. If any section, subsection, sentence, clause, phrase, word or provision of this Resolution is for any reason held invalid or unconstitutional by any court of competent jurisdiction, whether for substantive, procedural, or any other reason, such portion shall be deemed a separate, distinct and independent provision, and such holding shall not affect the validity of the remaining portions of this Resolution. Section 5. Instructions to Staff. Pursuant to section 9-11 (b )(2) of the City Code, the City Clerk is hereby directed to record this Resolution in the Official Public Records of Seminole County, Florida. The Community Development Depmment is hereby directed to modify city maps and documents to reflect the lot split. Section 6. Effective Date. This Resolution shall become effective immediately upon adoption by the City Commission of the City of Winter Springs. [ADOPTION PAGE FOLLOWS] City of Winter Springs Resolution 2006-15 Page 2 of3 RESOL YED by the Ci~ Commission of the City of Winter Springs, Florida, in a regular meeting assembled on the ~ tlay of Fib(~ 2006. ATTEST: ~~~r Andrea Lorenzo-Luaces, City Clerk gal form and sufficiency for r Springs only: ANTHONY A. GARGANESE, City Attorney City of Winter Springs Resolution 2006-15 Page 3 00 ~ ';~'" , ' "~"""'\ .......... , 't _--";. .1(fUi02 "'" ./ ...- 1"'" ........ '41::;.., L ff ,.....~-n ..... ~I~ .,. f ~ / :-. '9 ~ ....~ i ~ i.................: ..!i{> : .,. Ac:', t" : ~ -,.-,.~<I' ~i.<-: (;> - :~~ . I t...t" " .';:;( , \~~.\..~cYO~~\ .,/~! ;;.;~ ',.. . .L.::i:.: I · .0 ... v _ , ~)'I ........ i# -' 1..,\ v ......It:) . ..---- '\\ ..- ".."""..... ~ ~~I !~ "( ) ~~I ~~ ; (Jf .... OJ .... , ~., ~~ ~ ~ I ~ :l. .... ~ ~ . !)t ~. ~ ~ ~ CJi ..... . " ... ~ \8 ;5j ~i~ ~ ~ III .... ~ ~ ~ ~ il 5~ , ~II I I ~fl s II~~ ~~ I ~;~ !~ , __ ~2$ ~c", I \ - -- ~!C QHY1d" ,1:1: ~~ ~ J$y2~'~ . . FOUHD 6.11"/RON ROD ~ ~ . J.N3W ~ ')Ii ~olJrJJtii j · CAP ILI.fOlJftE ~' , ./"f. 'SoilWI' OHY'U I i , ~ ~~ I" ,,~ ~. J./lPRO'llltlATt /Iof~ 250.00' 1.1.11.'. G~- ~. {".~~(19~ W"~454.50' ~t\ . ~/'~ Oi:l>~ \': ~ ~l~ /$~. ~~~ ~O~ I ~CI.J1 . ~ ~ ~SlQ 0(') c5' ---t~ ~ *~Q ~ ~ ~m~ j~~ ~....~ ~ ""l ! ~ \'"'"0 ~ 01. S 00'05'09" E ~ . l!!~. ~~i - - ~~I ~ I - - :- f') ta .. :~il ~f~ :.1 ~ ~ ~!~ ~~~ ; \'"'"0 :,...\ d' 454-.50' 1l0EXHIBIT l L MPC::O J-rF I l.l A ')1 ;11 ~II ~~ ~i i~~ I ~. ~~~ I Ij ::;I; ~ ~ ~ ~ I ~i ~ ~ ~ ~. ~ tJi ~ I '1 ~ ,." ~e~ ~ I ~ ~.tQ~ 01 ~ ~~, ~ ....~~ t1I :::I' ~ ~ r UT/UTY CASEMENT " . ~I -~I ~~ ~~ "11 I iij &..._~ <'0 ~ c.J' GRAPHIC SCALE 10 . ~ i 10 ,to ~ -1 C' tlf 1'B'l" )' 1 bleb ~ 80 It. ;YaI , LEGAL DESCRIPTION: PARE~T PARCEL: LOT 6, 8L.OCK B, NORTH ORLANDO RANCHES SEC. " ACCORDING TO THE' PLA T ~REOF, AS RECORDED IN PLAT BOOK 72, PAGE 3, IN THE PUBUC RECORDS ~ SEAI/NOLe COUNTY, FLORIDA. LESS; BEGINNING AT THE SOUTHWEST CORNE;R, RUN EAST J25 rECr. NORTH 204.5 FEET. KEST J4O.97 FEET 10 THE EASTERLY RIGHT OF WAY OF' MOSS ROAD, SOUTHEASTeRLY ON RIGHT or WA Y 205. 1J feET TO BEGINNING. PROPOSED PARCEL A: LOT-6. stOCI(8; NORTH "ORLANDO RANCHES SEe. 7, ACCORDING, TO THE'PLAT THEREOf'. AS RECORDED IN PLA T BOOl< 12, PAGE ,J. IN THE PUBUC RECORDS OF SEAlINOLE COUNTY,' FZ.ORIDA. LESS,. BEGINNING A T THE SOUTHWEST CORNER, RUN EAST 325 FELT, NORTH 204.5 FEET, ~ST J4().97 FEET TO THE EASTE:RL Y RIGHT OF WA Y OF AJOSS ROAD. SOUTHEASTF:RL Y ON RIGHT OF' WA Y 205. 1.J FEET TO BEGINNING. LESS: THE EAST 150 FEET THeREOF'. pROPOSED PARCFl B: THE: EAST 750 FEET OF lOT 6, BLOCK B, NORTH ORLANDO RANCHES sec. 1, ACCORDING TO THE PL:A T THEREOF,' AS R€CORDF:D IN' PLAT BOOK 72. PAGE J," IN "THE Pu8UC RECORDS- OF SEMINOLE COUNTY. FlORIDA. MARYANNE: MORSE:. CLERK OF COURT, SEMINOLE COUNTY 301 NORTH PARK AVE SANFORD, fL 32171 407-bb5-4411 OAfE:03/09/2006 TIME:09:3b:13 AM RECEIPT:3/6184 BROWN BARBAN~S~ ~ISS El AL COOf - 1029 ITEM -01 RSL 09:3&:13 AM FILE:e006038e96 BK/P6:0 6153/0047 RECORDlHG FEE: 44.00 Sub. Total 44.00 AMOUNT DUE: $44.00 PAID CHfCK: $44.00 Check 11:20562 '/i44.00 TOTAL PAID: $44.00 REC BY:THOLDfH DEPUTY CLERK Have a Nice Day lllllIlHlI. .......11... .....,. ~ , MAtf'tf.Ht:: ''.If*~, tllff( ... ClltUJH WJRl SEMINl.lU: WIfrY Bt< 06153 Pqs 0038 -~; (9pgs) CL E RK' S :II 200e.038iE.95 RECORDtD O3I09/a'lOb 09:35:13 AM RECOOblN6 FU'S 78.00 RECiJtWED BY t hold!n Prepared by and return to: Katherine W. Latorre, Esquire Assistant City Attorney of Winter Springs Brown, Garganese, Weiss & D'A(\jt la, P.A. Post Office Box 2873 Orlando, Florida 32802-2873 (407) 425-9566 CONSERVATION EASEMENT AGREEMENT THIS CONSERVATION EASEMENT AGREEMENT is made thisU-ftaay of februJ/l~ ,2006, by NEIL R. & PEARL H. BACKUS, individuals related as husband and wife ("Gran rs"), havmg a maIlmg 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 02-21-30-5BI-OBOO-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 of7 NOW, 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 of7 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 Ri~hts. (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 Property 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. Ri~hts 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 may be 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 of7 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. Governin~ Law and Venue. The parties agree that this Agreement was consummated in Seminole County, and the site of the 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 of7 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 HA VE 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 Page 5 of7 iN WITNESS WHEREOF, Grantors and Grantee have set their respective hands on the day and year first above written. WITNESSES: GRANTORS: PriW~ ~u..&iMr. Print Name: r~~ Neil R. Backus, an individual By: ~-/ /~AP, fir~ e-;i I rint N e: jJ/(t)~~/ ~ UV~,-~ Pearl H. Backus, an individual By:(j}~L-#fia<'W Print Name: STATEOFIl~'~ ) ~s: COUNTY 0 ,2006, before me, the undersigned notary public, .Ciual, who is personally known to me OR produced ~ - --~~.... WANDAFER~ANDEZ.AlBANDOZ Nor,} "u,)!!,- S"?te of Florida My CO:Hm 8"ij~e5 Dec. 16, 2006 :\G. D0172284 f;;(: [SE tiles \ Conservation Easement Agreement Neil R. and Pearl H. Backus / City of Winter Springs Page 6 of7 STATE oFflv,t:la- ) /' ~ /J ) ss: COUNTY OF~) , 2006, before me, the undersigned notary public, idual, who is personally known to me OR produced On this c2&" day of personally appeared Pearl H. the following identification [ FI:ri~' ~" "0;. ~ ~ '"' <> WANDAFERNANDEZ.ALBANDOZ Notary Public, State of Florida My comlll. expu-es Dec. 16, 2006 No.DD172284 My Commission Expires: ;. Serial Number: b l~ 72- .J GRANTEE: ATTEST: CITY OF WINTER SPRINGS"a-mupicipal ...iJ corporation ._.......' '4 un; 0'.1' ~"" ' / . . -' .,' ........ ......f" "''''t.~.. \. :. . 'A~ ",: .....,. _:,_,' . .~' . -, .' c,d? /1.... i L "-\) ,,' d" .... 0 .." . <'I" - I: /Ji. ., ~. c> , . 'l" . .J oJ I.. _~ . . I .'~. r~ HN F. BUSH, '. )lOP a: -: ~: '-;,c;~ . ~ ' ~ 0 .. 0 ~;:~>> ~.. 1l'Oo. Q-' . . ~ ' l,..t>f~. . l'.~.. ~... .y." u\:.' ~ :. ~).'~;" . ~ ~.. v ~ \' . L' ,~~' . .i 'I' ~ . .' eo" M '. ~. I, ..,. ........... .;) .... ,'., .,_ lit. .',\,~O AJ.IO .....- ~. \\\",~~"".., to legal form and sufficiency for inter Springs only: .:... f*~~'" Conservation Easement Agreement Neil R. and Pearl H. Backus / City of Winter Springs Page 7 of7 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" 111NN~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"