HomeMy WebLinkAbout2005 11 28 Consent 204
COMMISSION AGENDA
ITEM 204
Consent X
Informational
Public Hearing
Regular
November 28. 2005
Meeting
VA~ 1"-'C'
rt Il"'PY
Mgr. / Att. /
Dept.
REQUEST:
The City Attorney's Office, at the Request of the Community Development Department, requests
the City Commission consider and approve a Conservation Easement Agreement with Dr. and Mrs.
Patterson Moseley.
PURPOSE:
The purpose of this Agenda item is to present to the Commission a Conservation Easement
Agreement with Dr. and Mrs. Patterson Moseley.
The City Commission approved Dr. Moseley's request to re-plat his property during its November
14, 2005 meeting and included as a condition of such approval, that Dr. Moseley dedicate those
portions of his property to conservation. Dedication of wetlands and respective buffer areas is also
required by the City's Comprehensive Plan.
APPLICABLE LAW AND PUBLIC POLICY:
1. City of Winter Springs Comprehensive Plan, Conservation Element, Policy 1.4.4
2. Section 704.06, Florida Statutes
3. Municipal Home Rule Power
Page 1 of 2
CONSIDERATIONS:
There are three (3) separate areas of Dr. Moseley's property designated as conservation. The three
areas are identified on "Exhibit B" to the Agreement as "Conservation Easement 1," "Conservation
Easement 2," and "Conservation Easement 3."
Dr. Moseley currently maintains two (2) water pumps, as well as a driveway and fence structure on
that portion of the property designated "Conservation Easement 3." The water pumps are used for
irrigation and along with the fencing and driveway, facilitate Dr. Moseley's horse breeding activities.
Dr. Moseley desires to maintain the use of the existing water pumps, driveway and fence.
The Conservation Easement Agreement reserves to Dr. Moseley, the right to maintain and continue
the use of these structures, but prohibits further structures from being placed or constructed on the
portions of the property dedicated to conservation.
STAFF RECOMMENDATION:
The City Attorney's Office recommends approval of the Conservation Easement Agreement.
ATTACHMENT:
1. Conservation Easement Agreement
COMMISSION ACTION:
The City Commission approved Dr. Moseley's request for re-plat on November 14,2005 with the
condition that he dedicate wetlands to the City.
Page 2 of 2
Prepared by and return to:
Anthony A. Garganese, Esquire
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
TIDS CONSERVATION EASEMENT AGREEMENT is made this day of
,2005, by PATTERSON W. & SHERRY B. MOSELEY, individuals related
as husband and wife ("Grantors"), having a mailing address of 630 Dunmar Circle, 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 described in Exhibit" A" attached hereto and
incorporated herein ("the Property"); and
WHEREAS, Grantors seek to re-plat the Property into two (2) lots, which is subject to the
regulatory jurisdiction of the Grantee; and
WHEREAS, the City Commission approved the Grantors' re-plat on November 14,2005,
subject to several conditions, one of which requires Grantors to dedicate certain wetland and upland
buffers to the City, as required by the City of Winter Springs Comprehensive Plan, Conservation
Element, Policy 1.4.4; and
WHEREAS, the Grantors have developed and proposed three (3) conservation tracts ("the
Conservation Tracts") involving preservation of certain wetland and/or upland systems on the
Property, more particularly depicted in Exhibit "B" and described as "Conservation Easement I,"
"Conservation Easement 2," and "Conservation Easement 3," attached hereto and incorporated
herein; and
WHEREAS, two (2) water pumps currently exist on Conservation Easement 3, which are
currently maintained and utilized by the Grantors for irrigation purposes; and
WHEREAS, there currently exist a fence structure and driveway structure on Conservation
Easement 3; and
Conservation Easement Agreement
Patterson W. & Sherry B. Moseley I City of Winter Springs
Page 1 of7
WHEREAS, the Grantors desire to maintain their current use of the existing water pumps,
driveway, and fence; and
WHEREAS, Grantors desire to preserve the Conservation Tracts in their natural condition
in perpetuity; and
WHEREAS, the Grantors represent that any continued use of the existing water pumps,
driveway and fence will not otherwise interfere with the preservation of the Conservation Tracts; and
WHEREAS, Grantors, as a condition of the City Commission's approval for re-platting of
their property, are agreeable to granting and securing to the Grantee a perpetual conservation
easement as defined in Section 704.06, Florida Statutes, over the Conservation Tracts; 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 Tracts of the nature and character and to the extent hereinafter
set forth (the "Conservation Easement"). Grantors fully warrant title to said Property and
Conservation Tracts, 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 Tracts will be retained forever in their existing natural
condition and to prevent any use of the Property that will impair or interfere with the environmental
value of the 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 in or on the
Conservation Tracts:
(a) Constructing or placing any buildings, roads, signs, billboards or other advertising,
utilities or other structures on or above the ground in addition to those existing
structures located on Conservation Easement 3, specifically two (2) existing water
pumps, and an existing driveway and fence.
(b) Dumping or placing soil or other substance or material as landfill or dumping or
placing of trash, waste or unsightly or offensive materials.
Conservation Easement Agreement
Patterson w. & Sherry B. Moseley / City of Winter Springs
Page 20f7
(c) Removing 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) Acti vities 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. Resen-ed Riehts. Grantors reserve unto themselves, and their successors and
assigns, the right to continue the use of the two (2) existing water pumps, as well as the existing
driveway and fence structures located on "Conservation Easement 3," as depicted in Exhibit "B."
Further, 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.
s. 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 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.
Conservation Easement Agreement
Patterson W. & Sherry B. Moseley I City of Winter Springs
Page 3 of7
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 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. Governina Law and Venue. The parties agree that this Agreement was
Conservation Easement Agreement
Patterson W. & Sherry B. Moseley / City of Winter Springs
Page 4 of7
consummated in Seminole County, and the site of the Conservation Easement is in Seminole County,
Florida. This Agreement shall be governed by the laws ofthe State of Florida. Venue for all disputes
shall be properly pla~ed in Seminole County, Florida.
12. N otic~. All notices, demands, requests, consents, approvals or other communications
(collectively, "Notict:s") 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 couric~r service with guaranteed next day delivery or mailed by registered or certified
mail, return receipt rl~quested, postage prepaid, addressed as follows:
TO GRANTORS:
Patterson W. & Sherry B. Moseley
630 Dunmar Circle
Winter Springs, Florida 32708
Telephone: (407) 699-5848
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
Conservation Easement Agreement
Patterson W. & Sherry B. Moseley / City of Winter Spr~ngs
Page 5 of7
with the tenns 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.
WITNESSES:
GRANTORS:
Patterson W. Moseley, an individual
Print Name:
By:
Sherry B. Moseley, an individual
Print Name:
By:
STATE OF
)
) ss:
)
COUNTY OF
On this day of ,2005, before me, the undersigned notary public,
personally appeared Patterson W. Moseley, an individual, who is personally known to me OR
produced the following identification
[SEAL]
Notary Public, State of Florida
My Commission Expires:
Serial Number:
Conservation Easement Agreement
Patterson W. & Sherry B. Moseley I City of Winter Springs
Page 6 of7
STATE OF
COUNTY OF
)
) ss:
)
On this day of , 2005, before me, the undersigned notary public,
personally appeared Sherry B. Moseley, 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
Patterson W. & Sherry B. Moseley I City of Winter Springs
Page 7 of 7
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SKETCH OF DESCRIPTION
FOR
CONSERVATION EASEMENTS
j
EXHIBIT
8
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(I7.2I.1CAE$) 1IIf.
I..; I .....-PaNT OF IlEGINNINO T2
CONSERVA11ON
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POINT OF COIoIMENCOIENT
HE COftNER LOT 1
POINT OF BEGINNINC
NW COAHER LOT 1
IIIfD
GRAPHIC SCALE
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NOTE:
( III I'EET )
THIS IS NOT A SURVEY
HENRICH-LUKE &
SWAGGERTY, LLC
surveyors &c mappers
9250 s. Ronald RMlgaft Bou/word
Suite ".
LongWOOd. _ J2750
g; (4(7) 647-7346
FAA (4(7) 647-6097
Uc.fIHd Sw,,,... No. 7275
PREPARED: 11-11-05
SEE SHEET 1 OF 2
FOR DESCRIPTIONS
Mark I. Luke
Professionol Surveyor and Mapper
Florida License No. 5006
TbI. map or cop'" thereot are Dot
ftIld without the llpature and the
o"""oJ reJaed HoJ of 0 "oride
LI..lUled Sune,or and 1I0pper.
SKETCH OF DESCRIPTION
FOR
CONSERVATION EASEMENTS
DESCRIPTION:
(CONSERVATION EASEMENT 1)
A PORTION OF LOT 1, DR. MOSELEY'S PLAT, ACCORDING TO THE PLAT
THEREOF, AS RECORDED IN PLAT BOOK 34, PAGE 10, OF THE PUBLIC
RECORDS OF SEMINOLE COUNTY, FLORIDA; BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHWEST CORNER OF LOT 1 OF SAID DR.
MOSELEY'S PLAT; RUN S.00'45'26"E. ALONG THE WEST LINE OF SAID
LOT 1 A DISTANCE OF 791.52 FEET; THENCE DEPARTING SAID WEST
LINE RUN N.5J'41'11"E. 71.44 FEET; THENCE N.17'49'01"E. 111,80 FEET;
THENCE N.06'04'12"E. 10S.61 FEET; THENCE N.47'40'OO"E. 215.96 FEET;
THENCE N.Ol'22'17"W, 95.43 FEET; THENCE N,25'46'12"E. 152.29 FEET;
THENCE N.l0'02'04"E. 56,12 FEET; THENCE N.18'18'27"E. 72.43 FEET;
THENCE N.l1'27'20"E. 77.23 FEET TO A POINT ON THE NORTH LINE OF
AFORESAID LOT 1; THENCE S.83'37'38"W. ALONG SAID NORTH LINE
387.56 FEET TO THE POINT OF BEGINNING.
CONTAINING 4.085 ACRES MORE OR LESS.
(CONSERVA TION EASEMENT 2)
A PORTION OF LOT 1, DR. MOSELEY'S PLAT, ACCORDING TO THE PLAT
THEREOF, AS RECORDED IN PLAT BOOK 34, PAGE 10, OF THE PUBLIC
RECORDS OF SEMINOLE COUNTY, FLORIDA; BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
COMMENCE AT THE NORTHEAST CORNER OF LOT 1 OF SAID DR.
MOSELEY'S PLAT; THENCE S.04'57'30"W. ALONG THE EAST LINE OF SAID
LOT 1 A DISTANCE OF 728.35 FEET FOR A POINT OF BEGINNING;
THENCE CONTINUE S.04'57'30"W. 619.24 FEET; THENCE N.07'25'50"W.
154.44 FEET; THENCE N.Ol'42'52"E. 111.76 FEET; THENCE N.06'21 '50"E,
93.94 FEET; THENCE N.13'OO'10"E. 265.50 FEET TO THE POINT OF
BEGINNING.
CONTAINING 0.345 ACRES MORE OR LESS.
(CONSERVATION EASEMENT 3)
A PORTION OF LOT 1, DR. MOSELEY'S PLAT, ACCORDING TO THE PLAT
THEREOF, AS RECORDED IN PLAT BOOK 34, PAGE 10, OF THE PUBLIC
RECORDS OF SEMINOLE COUNTY, FLORIDA; BEING MORE P ARTICULARL Y
DESCRIBED AS FOLLOWS:
COMMENCE AT THE NORTHEAST CORNER OF LOT 1 OF SAID DR.
MOSELEY'S PLAT; THENCE S,04'57'30"W. ALONG THE EAST LINE OF SAID
LOT 1 A DISTANCE OF 1438.49 FEET; THENCE N.88'32'06"W. A
DISTANCE OF 107.25 FEET FOR A POINT OF BEGINNING; THENCE
N.27'03'20"W. 42.05 FEET; THENCE N,77'27'OS"W. 164.51 FEET; THENCE
5.44'07'21"W. 61.09 FEET; THENCE 5.10'28'21"E. 69.82 FEET; THENCE
S.33'47'48"E. 47.08 FEET; THENCE S.48'17'52"E. 55.46 FEET; THENCE
S.67'36'OO"E, 59.24 FEET; THENCE S.88'32'05"E, 12,76 FEET; THENCE
N.01'27'55"E. 140.00 FEET; THENCE S.88'32'06"E. 70.87 FEET TO THE
POINT OF BEGINNING.
CONTAINING 0.595 ACRES MORE OR LESS.
HENRICH-LUKE &
SWAGGERTY, LLC
surveyors ~ moppers
4D25Q s. Rono/d R""",", 8oulo.,.,rtI
Suit. 114
Long_d. norido J275Q
g; (407) 647-7:146
FAX (407) 647-60117
LJcensftJ /1win... No. 7271
PREPARED: 11-11-05
SEE SHEET 2 OF 2
FOR SKETCH
iI111111111111111111111111111111111111111111Nlllllilliltll
•;~ ~ 1
Prepared by and return to:
Anthony A. Garganese, Esquire
City Attorney of Winter Springs
Brown, Garganese, Weiss & D'Agresta, P.A.
Post Office Box 2873
Orlando, Florida 32802-2873
(407)425-9566
MARYANNE MORSE, CLERK OF CIRCUIT COURT
SEMINOLE COUNTY
BK ObU28 PGS 0)323-0332
CLERK'S # 2005211012
RECORDED 12/07/2005 11:50:41 AM
DEED DOC TAX 0.70
RECORDING FEES 86.50
RECORDED BY D Thous
CONSERVATION EASEMENT AGREEMENT
THIS CONSERVATION EASEMENT AGREEMENT is made this day of
2005, by PATTERSON W. & SHERRY B. MOSELEY, individuals related
as husband and wife ("Grantors"), having a mailing address of 630 Dunmar Circle, 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 described in Exhibit "A," attached hereto and
fully incorporated herein by this reference ("the Property"); and
WHEREAS, Grantors desire to grant a perpetual conservation easement over, under, and on
three (3) separate portions of the Property pursuant to the City of Winter Springs Comprehensive
Plan, Conservation Element, Policy 1.4.4; and
WHEREAS, the three separate portions of the Property subj ect to this conservation easement
are legally described in Exhibit "B," which is attached hereto and fully incorporated herein by this
reference, and generally referred to herein collectively as the "Conservation Tracts" and sometimes
individually referred to herein as "Conservation Easement 1," "Conservation Easement 2," and
"Conservation Easement 3;" and
WHEREAS, two (2) water pumps currently exist on Conservation Easement 3, which are
currently maintained and utilized by the Grantors for irrigation purposes; and
WHEREAS, there currently exist a fence structure and driveway structure on Conservation
Easement 3; and
WHEREAS, the Grantors desire to maintain their current use of the existing water pumps,
driveway, and fence located on Conservation Easement 3; and
WHEREAS, Grantors desire to preserve the Conservation Tracts in their natural condition
Conservation Easement Agreement
Patterson W. & Sherry B. Moseley /City of Winter Springs
Page 1 of 7
in perpetuity; and
WHEREAS, the Grantors represent that any continued use of the existing water pumps,
driveway and fence located on Conservation Easement 3 will not otherwise interfere with the
preservation of the Conservation Tracts; and
WHEREAS, Grantors, as a condition of the City Commission's approval for re-platting of
their property, are agreeable to granting and securing to the Grantee a perpetual conservation
easement as defined in Section 704.06, Florida Statutes, over the Conservation Tracts; 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 Tracts of the nature and character and to the extent hereinafter
set forth (the "Conservation Easement"). Grantors fully warrant title to said Property and
Conservation Tracts, 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 Tracts will be retained forever in their existing natural
condition and to prevent any use of the Property that will impair or interfere with the environmental
value of the Conservation Tracts.
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 Tracts:
(a) Constructing or placing any buildings, roads, signs, billboards or other advertising,
utilities or other structures on, above or below the ground. Notwithstanding the
prohibition, the two (2) existing water pumps, fence and driveway located on
Conservation Easement 3 shall be allowed to be maintained, provided that no
expansion of the existing structures shall be permitted.
(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 or destroying trees, shrubs, or other vegetation.
Conservation Easement Agreement
Patterson W. & Sherry B. Moseley /City of Winter Springs
Page 2 of 7
(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
cultural significance.
(i) Any uses in violation of the City of Winter Springs Comprehensive Plan and Code
of Ordinances, as maybe amended from time to time.
4. Reserved Rights.
(a) With respect to Conservation Easement 3 only, Grantors reserve unto themselves, and
their successors and assigns, the right to continue the use of the two (2) existing water
pumps, driveway and fence structures.
(b) With respect to the Conservation Tracts, 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.
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 Tracts that may be damaged by any activity inconsistent with this
Conservation Easement Agreement
Patterson W. & Sherry B. Moseley /City of Winter Springs
Page 3 of 7
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 Kann to the Conservation Tracts and that the Grantee shall be
entitled to equitable relief to enforce said teens 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 Tracts 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.
Conservation Easement Agreement
Patterson W. & Sherry B. Moseley /City of Winter Springs
Page 4 of 7
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
mail, return receipt requested, postage prepaid, addressed as follows:
TO GRANTORS:
Patterson W. & Sherry B. Moseley
630 Dunmar Circle
Winter Springs, Florida 32708
Telephone: (407) 699-5848
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 maybe 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 Tracts.
Grantors hereby covenant with said Grantee that Grantors are lawfully seized of said
Conservation Easement Agreement
Patterson W. & Sherry B. Moseley /City of Winter Springs
Page 5 of 7
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.
WITNESSES: GRANTORS:
<~ Patterson W. Moseley, an individual
~ _
II N e: /c'r~'IZY Q[ ct'tiZ
Print Name: `
----~ A ~ , _ Sherry B. Moseley, an individual
: _~z¢,~z,c ~ . L9 c ~x~
c
Print Name:
By:
STATE 0 ~ )
ss:
COUNTY OF
~~~~.- ~~
On this ~ day of , 2005, before me, the undersigned notarypublic,
personally appeared Patterson W. Mosel y, an indi idual, who is personally known to me OR
produced the following identificatio (.~
CAROL A. LALLA?H1N
NOttty PubIIC, State of Florida
(SEAL] My gp~, gyp, Apr. 28, 2007
Comm. No. DD 208546
Public, State of Florida
My Commission Expires: ~ aZ.B a2..0 U
Serial Number: D ~
Conservation Easement Agreement
Patterson W. & Sherry B. Moseley /City of Winter Springs
Page 6 of 7
STATE OF ~~'d~~C-
ss:
COUNTY OF ~ ~' )
C~%
On this ,~~h day of , 2005, before me, the undersigned notary public,
personally appeared Sherry Moseley, an i dividual, who is personally known to me OR produced
the following identificatio
7
Notary Public, State of Florida
[SEAL]
CAROL A. LALLATHIN
Notary Public, State of Florida
My comm. exp. Apr. 28, 2007
Comm. No. DD 20654E
A
1
My Commission Expires: ~ ,~ .~~o
Serial Number: Tj .~ ~D~~~ ~
GRANTEE:
~~,
`:;~ ~~,
CITY OF WINTER'~PRINGS;'a~iimicipal
corporation `' • ,v ~ ~,
:,;;
~~ .
.t
J N F. B>~,S~I,•lYla~rb~ , •- ~~.~ -.
~ ~,as ~..` `~
;,
-~~~ , .
LORENZO-LUACES, City Clerk
Appro to legal form and sufficiency for
the nter Springs only:
ANTHONY A. GARGANESE, City Attorney
Conservation Easement Agreement
Patterson W. & Sherry B. Moseley /City of Winter Springs
Page 7 of 7
CITY OF WINTER SPRINGS,SEMINOLE COUNTY, FLORIDA
REPLATTING A PORTION OF LOTS 127, 135 ~ 143 OF D.R. MITCHELL'S SURVEY
Of MOSES E.LEVY GRANT, OF RECORD IN PLAT BOOK I,PAGE 5 PUBLIC
RECORDS~OF SEMINOLE COUNTY, FLORIDA.
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SKETCH ~F DESCRIPTION
FOR
CONSERVATION EASEMENTS
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NOTE
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( IN t'CCr )
THIS IS NOT A SURVEY
HENR/CH -LUKE 8c
SWAGGERTY, LLC
surveyors d moppsrs PREPARED: 11-11-OS Mork I. Luke
73o s. R°"°a s„y,^ ~r,~ Professional Surveyor and Mopper
Six1' //{
to.v.o
iknae JI7DO SEE SHEET 1 OF 2 Florido License No. 5006
~
(107 617-7J18 FOR DESCRIPTIONS 7'hla map or ooplaa thar~ot are sot
rAY (107J 617-e097 ~altd ~llhout the alanatura and the
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SKETCH nF DESCRIPTION
FOR
CONSERVATION EASEMENTS
DESCRIPTION:
(CONSERVATION EASEMENT 1)
A PORTION OF LOT 1, OR. MOSELEY'S PLAT, ACCORDING TO THE PLAT
THEREOF, AS RECORDED IN PLAT BOOK 34, PAGE 10, OF THE PUBLIC
RECORDS OF SEMINOLE COUNTY, FLORIDA; BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHWEST CORNER OF LOT i OF SAID DR.
MOSELEY'S PLAT; RUN 5.00'45'26"E. ALONG THE WEST LINE OF SAID
LOT 1 A DISTANCE OF 791.52 FEET; THENCE DEPARTING SAID WEST
LINE RUN N.53'41'11'E. 71.44 FEET; THENCE N.17'49'01"E. 111.80 FEET;
THENCE N.06'04'12"E. 108.61 FEET; THENCE N.47'40'00"E. 215.96 FEET;
THENCE N.Ot'22'17"W. 95.43 FEET; THENCE N.25'46'12"E. 152.29 FEET;
THENCE N.10'02'04"E. 56.12 FEET; THENCE N.18'18'27"E. 72.43 FEET;
THENCE N.it'27'20"E. 77.23 FEET TO A POINT ON THE NORTH LINE OF
AFORESAID LOT 1; THENCE S.83'37'38"W. ALONC SAID NORTH LINE
387.56 FEET TO THE POINT OF BEGINNING.
CONTAINING 4.085 ACRES MORE OR LESS.
(CONSERVATION EASEMENT 2)
A PORTION OF LOT 1, DR. MOSELEY'S PLAT, ACCORDING TO THE PLAT
THEREOF, AS RECORDED IN PLAT BOOK 34, PAGE 10, OF THE PUBLIC
RECORDS OF SEMINOLE COUNTY, FLORIDA; BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
COMMENCE AT THE NORTHEAST CORNER OF LOT 1 OF SAID DR.
MOSELEY'S PLAT; THENCE 5.04'57'30"W. ALONG THE EAST LINE OF SAID
LOT i A DISTANCE OF 728.35 FEET FOR A POINT OF BEGINNING;
THENCE CONTINUE S.04'S7'30"W. 619.24 FEET; THENCE N.07'25'S0"W.
154.44 FEET; THENCE N.01'42'S2"E. 111.76 FEET; THENCE N.O6'21'50"E.
93.94 FEET; THENCE N.13'00'10"E. 265.50 FEET TO THE POINT OF
BEGINNING.
CONTAINING 0.345 ACRES MORE OR LESS.
(CONSERVATION EASEMENT 3)
A PORTION OF LOT 1, DR. MOSELEY'S PLAT, ACCORDING TO THE PLAT
THEREOF, AS RECORDED IN PLAT BOOK 34, PAGE 10, OF THE PUBLIC
RECORDS OF SEMINOLE COUNTY, FLORIDA; BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
COMMENCE AT THE NORTHEAST CORNER OF LOT i OF SAID OR.
MOSELEY'S PLAT; THENCE S.04'57'30"W. ALONG THE EAST LINE OF SAID
LOT 1 A DISTANCE OF 1438.49 FEET; THENCE N.88'32'O6"W. A
DISTANCE OF 107.25 FEET FOR A POINT OF BEGINNING; THENCE
N.27'03'20"W. 42.05 FEET; THENCE N.77'27'OS"W. 164.51 FEET; THENCE
S.44'07'21"W. 61.09 FEET; THENCE S.10'28'21"E. 69.82 FEET; THENCE
5.33'47'48"E. 47.08 FEET; THENCE S.48'17'S2"E. 55.46 FEET; THENCE
S.67'36'00"E. 59.24 FEET; THENCE 5.88'32'05"E. 12.76 FEET; THENCE
N.01'27'S5"E. 140.00 FEET; THENCE S.88'32'O6"E. 70.87 FEET TO THE
POINT OF BEGINNING.
CONTAINING 0.595 ACRES MORE OR LESS.
HENRICH-LUKE &
SWAGGERTY, LLC PREPARED: 11-11-OS
surveyors ~ moppsrs
7so s ae"ea a..oe! BouN.ord
swa /~4 SEE SHEET 2 OF 2
L0^o"O0a ^~~^ ~77so FOR SKETCH
& (4a7) a7-z74s
fAX (407) 647-8097
~iClMlO BfIbMli X40. 7'176
BROWN, GARGANESE, WEISS & D'AGRESTA, P.A.
~no,~ ys at ~,~
Debra S. Babb-Nutcher°
Usher L. Brown •
Suzanne D'Agresta°
Anthony A. Garganese"
J.W. Taylor
Jeffrey S. Weiss
'Board Certified Civil Trial Lawyer
°Board Certified City, County 8 Local Government Law
VIA U.S. MAIL
Offices in Orlando, Kissimmee
& Cocoa
REC~~~~i~
SEC 2 3 20~~
cirY ~ as irvTE~ sF>Rin~~as
OFFIC TH€ cYi
T~' CLERK
December 22, 2005
Andrea Lorenzo-Luaces, City Clerk
City of Winter Springs
1126 East State Road 434
Winter Springs, Florida 32708
Re: Conservation Easement Agreement
City of Winter Springs / Mr. and Mrs. Moseley
Dear Andrea:
Joseph E. Blitch
Victoria L. Cecil
Scott J. Dornstein
Andrew M. Fisher
Katherine W. Latorre
Paul H. McLester
Amy J. Pitsch
Erin J. O'Leary
Of Counsel
Enclosed please find the on final fully executed and recorded above
referenced Agreement. This original is being provided to your office for safekeeping.
Should you have any questions, do not hesitate to call.
AAG/slb
Enclosure
Ve y yours,
Anthony .Garganese
City Attorney
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 & Viera (866) 425-9566
Website: www.orlandolaw.net • Email: firm~orlandolaw.net
~ S
MARYANNE MDRSE
CLERK OF COURT, SEMINDLE COUNTY
301 NORTH PARK AVE
SANFDRD, FL 32771
4p7-665-4411
DATE:12/07i2445
TIME:11:50:41 AM
RECEIPT:358299
BROWN GARGANESE WEISS ET AL
CDDE - 109
ITEM -t~l E 11:50:41 AM
FILE:2D05211012 BK/PG:D 6028/0323
kECORDING FEE 8b.50
DEED DOC TAX 0.7D
Sub. Total 87.20
APIOUNT DUE: 387.20
PAID CHECK: tB7.20
Check N:19956 (87.20
TOTAL F'AID: $87.20
REC FtY:DTHDMAS
DEPUTY CLERK
Have a Nice Day