HomeMy WebLinkAboutWinter Springs Partners, Ltd. (Deutschmark Golf properties) Amendment to Conservation Easement - 1998 11 15
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AMENDMENT TO
CONSERVATION EASEMENT PURSUANT TO FLORIDA
STATUTES S 704.06
THIS INDENTURE, made this
r~
of November, 1998.
WIT N E SSE T H
WHEREAS, the undersigned, WINTER SPRINGS PARTNERS, LTD., a
Missouri Limited Partnership and DEUTSCHMARK GOLF PROPERTIES, a
Missouri General Partnership, TERRY L. FINE and VIRGINIA FINE,
Husband and Wife, are the owners of and successors in interest to
BIG CYPRESS ASSOCIATES, LTD., a Florida Limited Partnership, as
to that property subject to the CONSERVATION EASEMENT PURSUANT TO
FLORIDA STATUTES S 704.06, recorded in Official Records Book
1604, Page 0131, of the Public Records of Seminole County,
Florida (the "Conservation Easement"; and
WHEREAS, the CITY OF WINTER SPRINGS, a Political Subdivision
of the State of Florida, is the Grantee and Holder of a
conservation easement and restriction under the Conservation
Easement; and
WHEREAS, the parties hereto wish to modify the boundary of
the Protected Property under the Conservation Easement, releasing
certain parcels and subjecting other parcels to the Conservation
Easement as approved at a meeting of the COMMISSION of the CITY
OF WINTER SPRINGS on November 13, 1995; and
WHEREAS, the parties hereto further wish to reaffirm that
the Covenants and Prohibited Activities (the "Restrictions")
under the Conservation Easement shall not prohibit the use of the
Protected Property for Public Purposes, including but not limited
to, the transmission to and storing of effluent in ponds upon the
Propected Property and the spraying of effluent thereon; and
NOW THEREFOR, the parties hereto for and in consideration of
the sum of Ten Dollars ($10.00) given to each other and the
mutual promises herein agree to amend and modify the Conservation
Easement as follows:
. .
(1) The parcels of land described on Exhibit "A" shall be
added to the Protected Property under the Conservation Easement
and subject to the Restrictions therein in perpetuity.
(2) The parcels of land described on Exhibit "B" shall be
removed from the Protected Property and shall no longer be
subjected to the Restrictions contained in the Conservation
Easement.
(3) The Restrictions shall not preclude the use of the
Protected Property for public purposes which shall include, but
not be limited to, the transmission to and storing of effluent in
ponds on the Protected Property and the spraying of effluent
thereon, drainage facilities and easements, other utility
easements, and access or roadway easements. Notwithstanding any
of the foregoing uses not precluded, said public uses shall not
interfer with the operation of a golf course upon the Protected
Property.
(4) Except as amended or modified herein, the Conservation
Easement shall remain in full force and effect, in perpetuity.
IN WITNESS WHEREOF, the parties have joined into and signed this
Amendment to Conservation Easement Pursuent To Florida Statutes ~
704.06 as of the day and year first written above.
WITNESSES:
^ t/7 L--
~/
ames H. Newlon
(I <>>w 1! ({~-J
J~ e R. New1 L
WINTER SPINGS PARTNERS, LTD.
BY: DEUTSCHMARK GOLF PROPERTIES,
Its General Partner
By: ~~J P y~
Daniel P. Wood, a General
Partner
900 W. S.R. 434
winter Springs, FL 32708
DEUTSCHMARK GOLF PROPERTIES
~'12.rio.~~
J e R. Newlon
By:
~P(V~
Daniel P. Wood, a General
Partner
900 W. S. R. 434
winter Springs, FL 32798
STATE OF FLORIDA
COUNTY OF SEMINOLE
THE FOREGOING AMENDMENT was acknowledged before me this
day of November, 1998, by Daniel P. Wood, a General Partner o~
Deuschmark Golf Properties, the General Partner of Winter Springs
Partners, Ltd. Who is/are personally known to me or who produced
as identification and who did/did not take an oath.
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Seal
WITNESSES, as to both:
~QM~
J e R. Newl~n
STATE OF FLORIDA
COUNTY OF BREVARD
~~rfY L. . e
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Virgin Fine
4460 Londontown Road
Titusville, FL 32796
THE FOREGOING AMENDMENT was acknowledged before me this
day of November, 1998, Terry L. Fine and Virginia Fine who is/are
personally known to me or who produced as
identification and who did/did not tak
Seal
WITNESSES, as to both:
CITY
~~
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By:
Attest:
~~;f~/c{erk ~d
1126 E. S.R. 434
winter Springs, FL 32708
STATE OF FLORIDA
COUNTY OF SEMINOLE
THE FOREGOING AMENDMENT was acknowledged before me this \~
day of November, 1998, Paul P. Partyka, Mayor and Margo Pierc~
City Clerk who is/are personally known to me or who produced
as identification crLand ",hO did/dt'~ no.t ake an oath.
",..l\~ '11# ANDREA LORENZO lUACES l
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