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HomeMy WebLinkAboutHeidish, James D. and Teresa A.-Easement Agreement- 2006 10 11Conservation easement agreement James D. and Teresa A. Heidish James Heidish Teresa Heidsh James D. Heidish Teresa A. Heisdish Prepared by and return to: . Katherine W. Latorre, Esquire Assistant City Attorney of Winter Springs l Brown, Garganese, Weiss & D'Agresta, P.A. (:) Post Office Box 2873 Orlando, Florida 32802-2873 (407) 425-9566 MARYANt€ MORSE, ClERK (F CIRCUIT auT SEMINCLE CDOO'Y 8K 06448 Pgs 0965 - 975; U 1pgs) CLERK'S # 2006J66125 RECORDED 10/1712006 01100:31 PM RECORDING FEES 95.. 00 RECORDED BY t holdtft CONSERVATION EASEMENT AGREEMENT THIS CONSERVATION EASEMENT AGREEMENT is made this ~ day of O~\o06C ,2006, by JAMES D. AND TERESA A. HEIDISH, individuals related as husband and wife ("Grantors"), having a mailing address of8028 W oodfare Court, Orlando, Florida 32817, 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 ("the Property") located in the City of Winter Springs, Seminole County, Florida, legally described in "Exhibit A," attached hereto and fully incorporated herein by this reference; 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 0" 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 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 ofthe 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: Conservation Easement Agreement James D. and Teresa A. Heidish I City or Winter Springs Page 1 or8 " ... 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 ofthe 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. (t) 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 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. 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 Conservation Easement Agreement James D. and Teresa A. Heidish / City of Winter Springs Page 2 of8 . and are not inconsistent with the purpose of this Conservation Easement. 5. Riehts 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 ortheir 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 ofthe 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. 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 Liabilitv. 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 oflaw. 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, Conservation Easement Agreement James D. and Teresa A. Heidish I City of Winter Springs Page 3 ofS 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 mail, return receipt requested, postage prepaid, addressed as follows: TO GRANTORS: James D. and Teresa A. Heidish 8028 Woodfare Court Orlando, Florida 32817 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 Conservation Easement Agreement James D. and Teresa A. Heidish / City of Winter Springs Page 4 of8 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. IN WITNESS WHEREOF, Grantors and Grantee have set their respective hands on the day and year first above written. [EXECUTION PAGES FOLLOW} Conservation Easement Agreement James D. and Teresa A. Heidish I City of Winter Springs Page 5 of8 WITNESSES: ~~:f~ . p' tName:/1~~"'-';:'-5 ~. Print Name: -r; PI f//fTl:,e/4ck./ STATE OF PI.!),-; t.. ) ) ss: ) COUNTY OF OrQ^)t. GRANTORS: By: On this I J +-h. day of () (.,<h kr ,2006, before me, the undersigned notary public, personally appeared James D. Heidish, an individual, who is personally known to me OR produced the following identification Fe. D""I...N/~ L,'c.A.,..)(.. 1+ 1'2..:> -"l" 4 -Sf -/1 S--.J [SEAL] :\\\\'\11111111"1/1. ~"II. ~ERCY ~/1jf. ~ .........J, ~ ~ ~ ....c,oW.M/Ss/a..'Oo~ ~ *' "'.:$- ~ay I$, <3 ~ <<,,\ ~ ... . ~"l:O. ~ :2: o:ii~ :: =0. ... m. = :~~:e IIDD ... en: ~ ~ ~ .. %_ <$,. SS<'<'86 .. ,.. ~ ~,o -.:p-$;:!18d .. ~ ~ ~.. f>t~/J..~!'!......~", .. "'''~ ~~,.. Vi""""'.... n..~ *' ~,,/C' S........~\,O".;$f- '111/ rATE Or ~ :\\,,, 11"""11""'\\\1. Notary My Commission Expires: JV/':1/~ 2.rJ{J Serial Number: D D 5t;z. 1-'11 G Conservation Easement Agreement James D. and Teresa A. Heidish / City or Winter Springs Page 6 or8 ~~ Pr' Name:~4i1'/.? IcL ~. A/M~d-5 ~J Print Name: -nirJ mrr;-I< IKk, STATE OF F/or.'L_ COUNTY OF Dro.^Je ) ) ss: ) Teresa A. Heidish, an individual By:JeNaA ft, -f,JzuJ.-l~ On this } I H-.. day of () c:f..o bi'r ,2006, before me, the undersigned notary public, personally appeared Teresa A. Heidish, an individual, who is personally known to me OR produced the following identification pi.. Dr;",,"':; Lt ?e1~ ' It >z. 0 - ilDI- 6 >-'i50-:J [SEAL] ~,,"""""IIIII" ~""'n't,.~CY J.ItiQ~/I~ ~ 't ......... V ~ ~ .~~~"'\SSION ;.. ~ ;:: .. v- ;5 <'J... ~ ;:: . ~ ,"7>~ I '<'0 7..0. "" : :::t~' ~~.. ~ =*: (I): = =. .... .*- i 5, ~ #00552286 : ~ ~~.~ .~, ~~;../1-~I\IlII.A~...~~ ~ 4...,,!bllcundef":~."<.~~~ ~ VOl ....... ~...~' ""'l/C, STAi~ a ~,,\/ "111 "" """"'" My Commission Expires:)1'1 I ~ 2D/;) Serial Number: DO >5'L1.')]& Conservation Easement Agreement James D. and Teresa A. Heldish I City of Winter Springs Page 7 or8 ATTEST: to legal form and sufficiency for inter Springs only: ANTHONY A. GARGANESE, City Attorney GRANTEE: CITY OF WINTER SPRINGS, a municipal corporation /' ~'-/; ~ Conservation Easement Agreement James D. and Teresa A. Heidish I City of Winter Springs Page 8 of8 EXlDBIT "An LEGAL DESCRIPTION OF THE PROPERTY: Lot 8, Block "An, NORm ORLANDO RANCHES SECfION 3, ACCORDING TO THE MAP OR PLAT THEREOF AS RECORDED IN Plat Book 12, pages 33-34, PubUc Records of Seminole County, Florida. EXHIBIT COMPOSITE B ~ \. .' CONSERVATION EASEMENT 1 A PORTION OF LOT 8. BLOCK A,. NORTH ORLANDO RANCHES, SECTION 3. ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 12. PAGE 34. IN THE PUBLIC RECORDS OF SEMINOLE COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS fOLLOWS: BEGIN AT THE SOUTHWEST CORNER OF LOT 8, BLOCK A, NORTH ORLANDO RANCHES. SECTION 3. ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 12, PAGE 34, IN THE PUBLIC RECORDS OF SEMINOLE COUNTY, FLORIOA; THENCE RUN NOO"OS'09"W ALONG THE WEST LINE OF SAID LOT 8. A DISTANCE OF 109.79 FEET: THENCE S80.30'57"E, A DISTANCE OF 366.70 FEET; THENCE N79"15'44"E, A DISTANCE OF 204.21 FEET TO THE EAST LINE OF SAID LOT 8 AND THE WEST RIGHT OF WAY LINE OF MOSS ROAD, SAID POINT ALSO BEING ON THE ARC OF A CURVE CONCAVE WESTERLY HAVING A RADIUS OF 1392.40 FEET AND A CHORD BEARING OF S10'42'31 "E: THENCE RUN SOUTHERLY ALONG THE ARC OF SAID CURVE, THE EAST LINE OF SAID LOT 8 AND THE WEST RIGHT OF WAY LINE OF MOSS ROAD, A DISTANCE Of 298.51 fEET TO THE SOUTHEAST CORNER OF SAID LOT 8: THENCE N71"36'24"W, ALONG THE SOUTH LINE OF SAID LOT 8, A DISTANCE Of 650.76 fEET TO THE POINT OF BEGINNING. CONSERVATION EASEMENT 2 A PORTION OF LOT 8, BLOCK A, NORTH ORLANDO RANCHES, SECTION 3. ACCORDING TO THE PLAT THEREOf AS RECORDED IN PLAT BOOK 12, PAGE 34, IN THE PUBLIC RECORDS OF SEMINOLE COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: LOT 8, BLOCK A, NORTH ORLANDO RANCHES, SECTION 3, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 12, PAGE 34. IN THE PUBLIC RECORDS OF SEMINOLE COUNTY, fLORIDA, LESS: BEGIN AT THE SOUTHWEST CORNER OF LOT 8, BLOCK A, NORTH ORLANDO RANCHES. SECTION 3, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 12, PAGE 34, IN THE PUBLIC RECORDS OF SEMINOLE COUNTY. FLORIDA; THENCE RUN NOO"OS'09"W ALONG THE WEST LINE OF SAID LOT 8. A DISTANCE OF 109.79 FEET: THENCE S60.30'57"E, A DISTANCE OF 366.70 FEET: THENCE N79.15'44"E, A DISTANCE OF 204.21 FEET TO THE EAST LINE OF SAID LOT 8 AND THE WEST RIGHT OF WAY LINE OF MOSS ROAD, SAID POINT ALSO BEING ON THE ARC OF A CURVE CONCAVE WESTERLY HAVING A RADIUS OF 1392.40 FEET AND A CHORD BEARING OF Sl 0"42'31 "E: THENCE RUN SOUTHERLY ALONG THE ARC OF SAID CURVE. THE EAST LINE OF SAID LOT 6 AND THE WEST RIGHT OF WAY LINE OF MOSS ROAD. A DISTANCE Of 298.51 FEET TO THE SOUTHEAST CORNER OF SAID LOT 8: THENCE N71"36'Z4"W, ALONG THE SOUTH LINE OF SAID LOT 8, A DISTANCE OF 650.76 FEET TO THE POINT OF BEGINNING.