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HomeMy WebLinkAboutSeminole County School Board Stormwater Project and Easement Agreement - 2001 07 05 . ~ . ,... I. U. II .., 11 ... . H_ n ,.. .. II. n .. .. .11 R I.. .. III I .... \ ..~ .. " . I MARYANNE MORSE, CLI::RK OF CIRCUIT COURT SEMINOLE COUNTY BK 04130 PG 0673 CLERK'S # 2001724673 RECORDED 07/19/2001 01:59:11 PM RECORDING FEES 87.00 RtCOROED BY u user11 Prepared by and return to: (()\ City of Winter Springs ~ Attention: Anthony A. Garganese, City Attorney 1126 East State Road 434 Winter Springs, FL 32708 INTERLOCAL AGREEMENT STORMW A TER PROJECT AND EASEMENT THIS INTERLOCAL AGREEMENT ("Agreement") is made and entered into this ~ day of j ~ ' 2001, by and between the CITY OF WINTER SPRINGS, a Florida municipal corporation (hereinafter "Winter Springs") and the SCHOOL BOARD OF SEMINOLE COUNTY, (hereinafter "School Board") and SEMINOLE SCHOOL BOARD LEASING CORP. ("Corporation"). WIT N E SSE T H: WHEREAS, this Agreement is authorized pursuant to Section 163.01, Florida Statutes; and WHEREAS, in the spirit of intergovernmental cooperation and assistance, the parties desire to utilize an existing stormwater retention pond located on real property owned by School Board and situated in the City of Winter Springs for the purpose of operating and maintaining said pond for the collection, treatment and attenuation of existing and new stormwater discharge from additional impervious areas; and WHEREAS, the Property possesses stormwater retention value of great importance to the parties and primarily and foremost to the people of the City of Winter Springs, Florida and Winter Springs High School; and ! WHEREAS, the School Board intends, as the party with beneficial ownership interest currently lease purchasing the Property from Seminole School Board Leasing Corp., as Lessor, pursuant to the Master Lease dated as of April 1, 1994, to convey to Winter Springs, in conjunction with School Board's same right, the right to preserve and protect the Stormwater Value of the Property in perpetuity, subject to School Board's reserved right, and other duties and obligations which are specifically stated herein; and WHEREAS, Winter Springs agrees by accepting this Grant to honor the intentions of School Board stated herein and to preserve and protect in perpetuity the Stormwater Value of the Property for the benefit of this generation and the generations to come as a joint designated stormwater retention facility for the benefit of Winter Springs and School Board; and WHEREAS, Seminole Board Leasing Corp. as Lessor is currently lease purchasing the Property to the School Board of Seminole County pursuant to that Master Lease dated as of April 1, 1994, and all schedules and amendments to said Master Lease, and it is the intention of the School Board and its Lessor, Seminole School Board Leasing Corp., that all of their respective interests in the Property shall be subject to the terms and conditions of this Agreement; and WHEREAS, School Board and Seminole School Board Leasing Corp. have the authority to enter this agreement and convey to Winter Springs all of the rights in the Property conveyed pursuant to the terms and conditions of this Agreement and the parties deem it necessary for the benefit of the public health, safety and welfare to enter into this Ihterlocal Agreement. NOW, THEREFORE, in consideration of the covenants and Agreement hereinafter set forth, to be kept and performed by both parties, the parties agree as follows: 1. RECITALS. The foregoing recitals are true and correct and are 2 of 17 0" :::0 ..... r I:CIm o CJZ ::<::c ::3[ o ~n..' -0 (.j 0 0...... -....J n..' ~ "0 CI' D.....' c;:. (,0,,1 ITI C. (7'l --./ ~ . , incorporated herein by reference as a material part of this Agreement. 2. DEFINITIONS. Unless the context in which the word is used clearly indicates otherwise, the following words shall have the meaning hereafter ascribed: 2.1. "Agreement" or "lnterlocal Agreement" shall mean this lnterlocal Agreement between Winter Springs, School Board, and Corporation 2.2 "Property" shall mean the Property located at which consists of approximately acres. A legal description of the Prop~rty is attached as Exhibit "A" and hereby incorporated herein by this reference. 2.3 "School Board" shall mean the School Board of Seminole County, Florida. 2.4 "Seminole School Board Leasing Corp." shall mean the lessor of the Property to the School Board, conveying the Property via lease purchase as permitted in S 235.056, Florida Statutes, and pursuant to that certain Master Lease with all schedules and addenda thereto as of April 1, 1994. 2.5 "Stormwater Value" shall mean the recognition by the parties that the Property has significant and perpetual value as a stormwater retention facility for the benefit of the public and the School Board in the permitted capacity defined herein. 2.6 "Winter Springs" shall mean the City of Winter Springs, a Florida municipal corporation and its officers and employees. 3. CONDITIONS PRECEDENT. All rights, obligations and liabilities of the parties under this Agreement shall be subject to the satisfaction of the following conditions precedent: 3.1 The complete execution of this Agreement by the parties. 3.2 The approval of this Agreement by the City Commission of o :::0 I;XI Cl c::. :::<:: o ~ ..- c..J o 'U :D wi rrI .-. Cfi -.I t!l 3 of 17 Winter Springs.1- the School Board of Seminole County, and the Seminole School Board Leasing Corp. 3.3 This Agreement is filed and recorded with the Clerk of the Circuit Court in and for Seminole County, Florida, pursuant to Section 163.01 (11), Florida Statutes. 4. REPRESENTATIONS OF WINTER SPRINGS. Winter Springs makes the following representations to School Board and Corporation: 4.1 Winter Springs is duly organized and in good standing under the laws of the State of Florida, and is duly qualified and authorized to carry on the governmental functions and operations set forth in this Agreement. 4.2 Winter Springs has the power, authority and legal right to enter into and perform the obligations set forth in this Agreement, and the execution, delivery and performance hereof by Winter Springs, (i) has been duly authorized by the City Commission of Winter Springs; (ii) does not constitute a default under, or result in the creation of any lien, charge, encumbrance or security interest upon the assets of Winter Springs, except as otherwise provided herein. 5. REPRESENTATIONS OF SCHOOL BOARD. School Board makes the following representations to Winter Springs: 5.1 School Board is duly organized and in good standing under the laws of the State of Florida, and is duly authorized to carry on the governmental functions and operations set forth in this Agreement. 5.2 School Board has the power, authority, and legal right to enter into and perform the obligations set forth in this Agreement, and the execution, delivery and performance hereof by School Board (i) has been duly authorized by the School Board of Seminole County and Seminole School Board Leasing Corp; (ii) does not constitute a default under, or result in "the creation of any lien, charge, encumbrance or security interest upon the assets of School Board, except as Cl A:I tI:l c:. Cl ^ o .."... - t.... o "'=' D en I'T1 o O"l --...I O"l 4 of 17 otherwise provided herein. 6. REPRESENTATIONS. OF SEMINOLE SCHOOL BOARD LEASING CORP. Seminole School Board Leasing Corp. makes the following representations to Winter Springs: 6.1 Seminole School Board Leasing Corp. is duly organized and in good standing under the laws of the State of Florida, and is duly authorized to carry on the governmental functions and operations set forth in this Agreement. 6.2 Seminole School Board Leasing Corp. authorized the School Board to enter this Agreement and approves of the School Board entering this Agreement. 6.3 Seminole School Board Leasing Corp. has the power, authority, and legal right to enter into and perform the obligations set forth in this Agreement, and the execution, delivery and performance hereof by Seminole School Board Leasing Corp.; (i) has been duly authorized by an authorized representative of the Corporation; (ii) does not constitute a default under, or result in the creation of any lien, charge, encumbrance or security interest upon the assets of Seminole School Board Leasing Corp., except as otherwise provided herein. 7. STATUTORY AUTHORITY; TERM. 7.1 This Agreement shall be considered an Agreement pursuant to Section 163.01, Florida Statutes. A true and correct copy of this lnterlocal Agreement shall be filed with the Clerk of the Circuit Court in and for Seminole County, Florida, by Winter Springs and Winter Springs shall provide School Board a recorded copy of the lnterlocal Agreement upon receipt from the Clerk of the Circui t Court. 7.2 This Agreement shall terminate only by mutual written Agreement of all the parties hereto. a ::0 I:;cI a a :::<: o ~ .... (oJ o "0 D en ITI o CI'1 -.J -.J 5 of 17 , . ' 8. The School Board represents and warrants that it is lease purchasing the Property pursuant to the terms and conditions of the Master Lease dated as of April 1, 1994, with Seminole School Board Leasing Corp. as Lessor. The Seminole School Board Leasing Corp. as Lessor and the School Board together constitute the fee-simple owner of the property and the property is free and clear of any encumbrances which may impede or prohibit the property from being used for the purpose as set forth in this agreement. 9. STORMW A TER PROJECT. Winter Springs shall design, permit, construct, and maintain a modification of the existing stormwater pond located on the Property under the following terms and conditions: 9.1 Existing Conditions: The parties acknowledge that the stormwater pond is generally located at the southeast comer of the Winter Springs High School property and currently provides treatment and attenuation volume for stormwater discharged from the high school, Tuskawilla Road, and pre-developed areas adjacent to Tuskawilla Road. The original stormwater permit for the pond was obtained from St. Johns River Water Management District by the School Board. 9.2 Proiect Scope: Winter Springs will be constructing improvements to Tuskawilla Road as part of the development of the Winter Springs Town Center. Winter Springs desires, as part of the development of the Town Center and the improvements to Tuskawilla Road, to discharge stromwater run off to the stormwater pond located on the Property. Said run off shall be discharged from Tuskawilla Road and from adjacent real property located along Tuskawilla Road and currently draining to the pond.. To accommodate Winter Springs' desire, the stormwater pond located on the Property will be modified by Winter Springs as follows: 9.2 (1) The size and footprint of the pond will not change. The CJ - ::0 - r ~r CJ~ ::<:5 o ~r -( t.... ( o- r "CI ( D" CD ( m o (r1 -.J ():J 6 of 17 . , ' original outfall structure will remain in place. 9.2 (2) Winter Springs will raise the berm to the "original design elevations". Some areas of the berm have settled and Winter Springs will make these repairs as part of the project. 9.2 (3) Winter Springs will revise the influent/effluent piping in the southeast comer of the pond with larger pipes, which will provide a second off- site outfall structure on the east side of Tuskawilla Road. 9.2 (4) The pond will remain as an in-line pond for the School Board flows, but will become an off-line pond for Tuskawilla Road flows. 9.2 (5) Winter Springs will modify the size of the existing outfall WelT. The structure and piping will remain unchanged. 9.2 (6) Winter Springs will modify the pond volume recovery system (the bleed-down system). 9.3 Proiect Impact. It is the intent and purpose of the scope of this project to cause the following impacts to the stormwater pond located on the Property: 9.3 (I) The pond will accommodate a larger stormwater surface area to be served which will allow Winter Springs to reconstruct/widen Tuskawilla Road and to also accommodate stormwater runoff from adjacent property improvements along Tuskawilla Road. 9.3 (2) The pond volume will not change. However, the peak storage elevation will increase which shall provide the School Board and Winter Springs with additional storrnwater capacity as described herein in Section 9.3.3. 9.3 (3) The modifications will accommodate an increase in impervious area of between 15,000 and 30,000 square feet within the athletic field basin (Basin "e"). The School Board will be "pennitted" for this increase. However, the School Board would have to provide a specific site plan to the St. O' :;0 < I 0:1 I c:. a: :::<:! o ~I ...-' (0.) . 0< "1::11 :p . C;, I ITI c' (1"1 ...... o.D 7 of 17 .. ' Johns River Water Management District to gain approval. If the School Board or Winter Springs desire capacity in excess of that prescribed herein, the parties desiring the excess capacity shall be responsible for engineering, permitting, and constructing the improvements necessary to provide the excess capacity of the pond. 9.3 (4) The modifications will provide another outfall to the wetlands east of Tuskawilla Road and allow for the re-hydration of these wetlands with minimal wetlands disturbance. 9.4 Cost of Proiect. Winter Springs shall, at its sole cost and expense, design, engineer, permit and construct the improvements to the stormwater pond as described in Section 9.2 above for the purpose of effectuating the impacts described in Section 9.3 above. 9.5 Permits. Corporation authorizes the School Board to execute and, School Board agrees to execute, as the owner of the Property, any permit application which is necessary to construct the stormwater improvements on the Property including, but not limited to, if required, permits from the City of Winter Springs, St. Johns River Water Management District, United States Army Corps of Engineers, and other governmental authorities having jurisdiction over the improvements set forth in this Agreement. All permit applications shall be paid for by Winter Springs and prepared for by Winter Springs in cooperation with the School Board. C ::l: 0:: C C ::<: 9.6 Maintenance. Upon completion of the improvements, Winter Springs shall, at its expense, maintain the stormwater pond on the Property during the term of this Agreement. Winter Springs' maintenance obligations shall include landscaping, structural repairs to the stormwater facilities, and complying with any stormwater or other permit requirements, obligations, and duties imposed by. St. Johns River Water Management District and any other governmental agency as a c oil- .... t.J o U D m IT1 o 0" CD o 8 of 17 " ' result of the construction, operation and maintenance of the improvements required . by this Agreement to expand the stormwater pond on the Property. 9.7 Stormwater Discharge. Winter Springs and the School Board shall have the right to discharge stormwater volume to the Property as established by the stormwater permit granted by the St. Johns River Water Management District resulting from this Agreement. 10. STORMWATER EASEMENT. Upon the effective date of this Agreement: 10.1 The parties recogmze and acknowledge that the Property possesses Stormwater Value of great importance to Winter Springs and School Board. Winter Springs and School Board intend to use the Property to preserve and protect the Stormwater Value of the Property in perpetuity, subject to the terms and conditions of this Agreement. Inasmuch as the Property has Stormwater Value, Winter Springs and School Board agree to use the Property for stormwater purposes and other governmental purposes consistent with this Agreement and mutually agreed to by the parties in writing. 10.2 School Board and Corporation hereby voluntarily grants and conveys to Winter Springs, its successors and assigns, a stormwater utility easement in perpetuity over, under and across the Property of the nature and character and the extent hereinafter set forth ("Easement"). 10.3 It is the purpose of this Easement to assure that the Property will be retained forever, except as herein provided, for stormwater retention and other government purposes which are determined by the parties, and to prevent any use of the Property that will impair or interfere with the Storn1water Value of the Property. To accomplish the purposes stated above, the following rights are conveyed to Winter Springs by this Easement in conjunction with School Board's similar rights as fee simple owner of the Property: o ::0 ~ Cl ;<:: Co ~ ..- (,., Co "0 D c;:. m Co (T1 ex> - 9 of 17 . . ' 10.3 (1) To use the Property to store, treat, filter, discharge, reuse, control, and manage stormwater runoff which is conveyed to the Property by Winter Springs and the School Board under this Agreement; 10.3 (2) To preserve and protect the Stormwater Value of the Property; 10.3 (3) To prevent any activity on or use of the Property that is inconsistent with the purpose of this Easement and this Agreement, and to require the restoration of areas or features of the Property that may be damaged by any inconsistent activity or use; 10.3 (4) To enter upon and inspect the Property, in a reasonable manner and at reasonable times, to determine if School Board and Corporation, and any employees, agents, and contractors thereof, are complying with the covenants and prohibitions contained in this Easement, and any applicable permits, laws, and rules and regulations relating to the use of the Property for purposes stated herein; 10.3 (5) To use this Easement for ingress and egress to and from the Property; 1003 (6) To use this Easement for purposes of providing alternative water supply utilities to Winter Springs's utility customers, including reclaimed water supply systems and reuse systems; 10.3 (7) To construct, inspect, replace, repair, maintain, remove, alter, rebuild, improve, install, make disconnection from and make connection to stormwater, reuse, and reclaimed water, lines, pipes, lateral, trees, joints, poles and appurtenances on the Property; and 10.4 (8) To cut, trim, and keep clean such trees, brush, and undergrowth that might hinder or prohibit the use of the Property for stormwater purposes and interfere with the Stormwater Value of the Property. C :::t 0: C C ::<: c ~ - t.! o "0 D Ci) m Co (T1 ex> r\.' 10 of 17 11. NOTICES. All notices and correspondence shall be (i) hand delivered (with signed acknowledgment of receipt or affidavit of delivery), (ii) delivered by registered or certified mail, return receipt requested, or (iii) delivered by overnight carrier with signed acknowledgment of receipt. All such notices and correspondence shall be sent to the respective parties, with copies forwarded to their agents or attorneys, at the addresses set forth below or at such other addresses as the parties hereto shall designate to each other in writing. (a) if to Winter Springs: City of Winter Springs City Manager 1126 East S.R. 434 Winter Springs, FL 32708 Telephone: 407-327-5957 Facsimile: 407-327-6686 (b) if to School Board: Seminole County School Board Superintendent 400 East Lake Mary Boulevard Sanford, FL 32773-7127 Telephone: 407-320-0000 Facsimile: 407-320-0281 (c) if to Corporation: Seminole School Board Leasing Corp. President 400 East Lake Mary Boulevard Sanford, FL 32773 Telephone: 407-320-0000 Facsimile: 407-320-0281 Any notice or demand so given, delivered or made by United States Mail, shall be deemed so given, delivered or made three (3) days after the same is deposited in the United States mail, registered or certified, return receipt requested, addressed as above provided, with postage thereon prepaid. Any such notice, demand or document hand delivered or made by overnight carrier shall be deemed to be Cl ::0 0:0 o Cl ;<:: ,.... $. ..- toj Co "T.:1 D Ci) m Co (T1 ex> t.) II of 17 . , ' given, delivered or made upon delivery (or attempted delivery, if deliver is not accepted) of the same at the address where the same is to be given, delivered or made. 12. TIME; GOOD FAITH COOPERATION. Time is of the essence of this Agreement and every term and provision of this Agreement. The parties shall continue to cooperate in good faith with each other to effectuate the intent and purpose of this Agreement. 13. SEVERABILITY. It is further understood and agreed that in the event any provision of this Agreement shall be adjudged, decreed, held, or ruled to be invalid, such provision or a portion thereof shall be deemed severable, and it shall not invalidate or impair the Agreement as a whole or any other provision of the Agreement. 14. NON-WAIVER. No covenant, term, condition (or breach thereof), shall be deemed waived, except by written consent of the party against whom the waiver is claimed. A waiver of any covenant, term, or condition (or breach thereof), shall not be deemed to be a waiver of any other covenant, term or condition (or breach thereof). 15. CAPTIONS. Captions and headings in this Agreement are for convenience only and shall not be relied upon in construing the meaning of this Agreement or any of its provisions. 16. CHOICE OF LAW; VENUE. This Agreement has been made and entered into in the State of Florida, County of Seminole, and the laws of such state shall govern the validity and interpretation of this Agreement and the performance due hereunder. The parties agree that venue shall be exclusively in Seminole County, Florida, for all state disputes or actions which arise out of or are based upon this Agreement, and in Orlando, Florida, for all federal disputes or actions which arise out of or are based upon this Agreement. Cl ::0 0:0 Cl Cl ;<:: o ~, ..- to) , 0' "0 I D' Ci) I m o (T1 ex> ~ 12 of 17 17. INTEGRATION. The drafting, execution, and delivery of this Agreement by the parties has been induced by no representations, statements, warranties, or agreements other than those expressed herein. This Agreement embodies the entire understanding of the parties, . and there are no further or other agreements or understandings, written or oral, in effect between the parties relating to the subject matter hereof unless expressly referred to herein. The parties agree that they have both contributed equally to the drafting of this Agreement and this Agreement shall not be construed more favorably against the other in the event of any conflict with regards to the terms and conditions used herein. Reference herein to a whole paragraph number or subsection number shall include all subsections thereto (i.e. 9 includes 9.1, etc and 903 includes 9.3 (1), etc.). 18. ATTORNEYS' FEES. In the event that any party brings 'suit to enforce any of the provisions of this Agreement, each party agrees to bear its own costs and expenses of such action including, but not limited to, reasonable attorneys' fees, whether at settlement, trial, post judgment, or an appeal. 19. COUNTERPARTS. This Agreement may be executed in any number of counterparts, each of which when so executed and delivered shall be considered an original Agreement; but such counterparts shall together constitute but one and the same instrument. 20. INDEMNIFICATION. To the extent permitted by law, and without waiving sovereign immunity, each party to this Agreement shall be responsible for any and all claims, demands, suites, actions, damages, and causes of action related to or arising out of or in any way connected with its own actions and omissions, and the actions and omissions of its personnel, in performing its obligations pursuant to the terms and conditions of this Agreement. 21. SOVEREIGN IMMUNITY. Nothing contained in this Agreement shall be construed as a waiver of Winter Springs's and School Board's right to O' ;:0 , I 0:01 e- el: A' 0' ~I -, t... ' a. "Co' D' (j, , IT! o 0'. ex> Co" 13 of 17 '. sovereign immunity under Section 768.28, Florida Statutes, or other limitations imposed on their potential liability under state or federal law. 22. ASSIGNMENT PROHIBITED; TmRD PARTIES. Unless otherwise agreed in writing by all the parties, this Agreement shall not be assigned in whole or in part. Nothing under this Agreement shall be construed to give any rights or benefits in this Agreement to anyone other than the parties, and all duties and responsibilities undertaken pursuant to this Agreement will be for the sole and exclusive benefit of the parties and not for the benefit of any other party. 23. GENERAL LIABILITY AND OTHER INSURANCE. Winter Springs shall maintain in force, at all times during the term of this Agreement, a general liability insurance policy with a single limit for bodily injury and Property damage of not less than One Million Dollars ($1,000,000.00) and with the School Board and Corporation being named as an additional named insured on the insurance policy to cover any claims made resulting from this Agreement and the use of the Property as contemplated hereunder. Proof of insurance shall be delivered to School Board and Corporation. School Board does not have to provide the aforementioned insurance so long as the School Board remains self- insured. 24. RUN WITH LAND. This Agreement shall remain a charge against the Property. Therefore, this Agreement shall "run with the land" and be automatically assigned by any deed or other conveyance conveying a portion of the Property relating to this Agreement, even though the conveyance makes no reference to this Agreement as such and even though the conveyance may be to a person or entity not subject to Section 163.01, Florida Statutes; in which case, this Agreement shall continue to run in favor of Winter Springs as a perpetual public stormwater easement. 14 of 17 0" ::0 ...... r 0:0 m Ci oz ;<::c: 03' ~,..) -0 (.oJ 0 0- -J ro .". "C1(T1 D-J C') (.oJ m o (T1 Qj (T1 IN WITNESS WHEREOF, the parties hereto have hereunto set their hands and seals this day and year first above written. CITY OF WINTER SPRINGS, FLORIDA By:_/?~ &J ~~ Ronald W. I\1cLeh101~e, City Manager STATE OF FLORIDA COUNTY OF SEMINOLE ~The foregoing instrument was acknowledged before me this {+L-day of J~, 200 I by Ronald W. McLemore, as City Manager of The City o~ Wint~~ Sp mgs, who IS personally known to me. (fI:~;, ,,/ ,\ ')H do >" HI..;,'I......,.'... vL ",,,., ~\.. , ' ".F _i~ " ~ . . . . . . . "'.' ." .Iii: ... '" .' -." :\. ".. r. ri,t- . .~) lEI n.....;v. \ \I\.-. . It ~: ,'-.: otary Pub .~, .J"',.: ..... ~ E ':..;:;- . - .,..:.,j~.~. My Commission Expi eQ)' , ANP~tO . ~;c.:_ii . My' t'.9M~SStO.l'U,qoP;3'l)l3~,," EJtj;>Jfle~1 tvliW(t,"}oOS,._~ ':. . SEMINOLE COUNTY SCHOOL BOARD l.ao>>NOTARY F1aN6l2syS8l\t1ceIUIO~""Co, By; 1J1/r#r If ~. Attest Sandra Robinson, hairman Dated; u>J ,9 Le I (') I STATE OF FLORIDA COUNTY OF SEMINOLE \) .r By: '-R'I' ' Paul J. Hagerty, erintendent Dated; La /,;;J.ek / ,. .. i'''''YP(J~~ KAREN PONDER ~ MY COMMISSION # DD 001254 .,. ... .,.~ ~$ EXPIRES: Jun 10,2004 or~ , Bond' I HlOO.3-NOTARY FL Notary Service & lng, nc, 0" ::0 ...... r r.:am a C':;Z ;x: c: 3: C' -I>-N t:"i8 cf..... -./ n;, -I>- "O(T1 D -./ (i) (.oJ rri The foregoing instrument was acknowledged before me this ~Gday of June, 2001 by Sandra Robinson, as Chairman and Paul J. Hagerty, as , Superintendent of The School Board of Seminol~ty, Florida, who are personally known to me. /' // Co 0'1 ex> -.I 15 of 17 . " SEMINOLE COUNTY SCHOOL BOARD LEASINGCORPORPATION By: '\2..,s ~ Paul 1. Hagerty, Sec taty Dated: 1.'/ J. L.) 0 I By:U0l4..CYJ Attest Sandra Robinson, resident Dated: LP-f &La-fC) ) STATE OF FLORIDA COUNTY OF SEMINOLE The foregoing instrument was acknowledged before me thi~ day of June, 2001 by Sandra Robinson, as President and Paul J. Hagerty, as Secretary of The Seminole County School Board Leasing Corporation, who are personally known to me. ~~ otary Public My Commission Expires: ~~ PII. KAREN pONDER ~"wr~ MY COMMISSION # 0000\254 "{.~i EXPIRES: Jun 10,2004 ~ OF ",li .""ON SeNiC8 & Bonding. Inc, 1-800-3-NOTARY fL ,~-, F:\DOCS\City of Winter Springs\Agreements\Interlocal Agreement - Seminole School Brd - Stormwater Project & Easement -no redline,kj 16 of 17 C. ." ::0 ...... r 0:0 IT! C. o z ;<:: c: 3' o ~N -0 t...o 0- -./ n..;:t -I>- ~.(T1 D ......~ U"I v..l IT. Co (T1 CP CP . . . EXHIBIT "A" Legal Description of Stormwater Property 0" ::0 ...... r' o:om gz ;<::c: :3: o ~"'.' -co (.oJc. 0- -J 1'1.) ~, "Cl (T1 D-J (j, toj m o (T1 ex> o..D 17 of 17 . ,.. Sheet 1 See Sketch of Description Included as Attachment II All INGRESS-EGRESS & DRAINAGE EASEMENT DESCRIPTION A tract of land being a portion of D,R. Mitchell's Survey of the Levy Grant on Lake Jessup as recorded in Plat Book 1, Page 5 of the Public Records of Seminole County, Florida being more particularly described as follows: Commence at the Southeast corner of Lot 30, Block IIBII, D,R. Mitchell's Survey of the Levy Grant as previously described, said point being the i,ntersection of the West Right-of-Way of Tuscawilla Road (formerly Brantley Ave,) and the North Right-of-Way of First Street. (a 30 ft, wide unimproved Right-of-Way); thence North 30004' 5511 East along the West Right-of-Way of Tuscawilla Road for 371.09 feet to the POINT OF BEGINNING; said point being the point of curvature ofa curve concave Southwesterly having a radius of 30,00 feet; thence Northwesterly along the arc of said curve through a central angle of900 00' 0011 for 47.12 feet to the Point of Tangency; thence North 590 55' 0511 West, 40,83 feet to the Point of Curvature ofa curve concave Southwesterly having a radius of 82,00 feet, a chord bearing of North 660 09' 3911 West and a chord length of 17,83 feet; thence Northwesterly along the arc of said curve through a central angle of120 29' 0911 for 17,87 feet; thence North 71028' 4511 West for 253,56 feet; thence North 180 31' 1511 East for 57,26 feet; thence North 32040' 2311 West for 135,06 feet; thence North 220 14' 07" East for 38,34 feet; thence South 710 40' 4611 East for 117,93 feet; thence North 410 11 t 0711 East for 30,30 feet; thence North 540 00' 3811 East for 16,27 feet; thence South 87049' 50" East for 8,93 feet; thence South 700 OS' 2511 East for 183,89 feet; thence North 360 36' 4811 East for 54,18 feet; thence North 22047' 1411 East for 95,96 feet; thence South 880 03' 3311 East for 45.84 feet to a point lying on the West Right-of-Way of the CSX Railroad, said point being on a curve concave Westerly having a radius of768,55 feet, a chord bearing of South 070 40" 2611 East and a chord length of 66,84 feet; thence Southerly along the arc of said curve through a central angle of 04 0 59' 04" for 66,86 feet to the Point of compound Curvature of a curve having a radius of 1110,99 feet; thence Southerly along the arc of said curve through a central angle of 08 0 08' 2511 for 157.84 feet to a point of intersection with the West Right- of-Way of Tuscawilla Road; thence South 300 05' 22" West for 221.32 feet to the POINT OF BEGlNNING. Contains: 2,355 Acres, more or less. Tinklepaugh Surveying Services, Inc, 379 West Michigan Street Suite 208 Orlando, Florida 32806 (407) 422-0957 This description and the accompanying sketch or sketches, has been prepared in accordance with the Stand"arciN~s~fortlf in_Chapt~r 61017, J ,A. C" pursuant to chliPte.ssK'7~~~An'JJt~ri~flitii~~:Unless it bears ~e sigJJ.litw'~..arla ff.e/9.iig~1 r~\se&'s~al of a Florida h~nstf slll!'ey~)} and ffit!W~sjdrawmg, sketch, plat ,?f~,~\, :i,Ho{ ip.jonv~~tyll ,'. J:' ~f~y ~d is not valid, J.h,';,'tlJ' / ..\ q f ... ' : .. ~::fI':.(..~ . . ..to,J":o'O. Gf,:' '~1l. ,', . )S~P, .",# j'SI'7~i; Dii ~ . :'2 . ,-" 0- ::o~ r o:or c:; 0:;; ;<::~ 0- -I>-r -< t., < o~ Prepared by: r oJ "DC D- (i, C m o 0'1 o..D C. TOI-C43 .. ,fA )l/ ~': . ~ . \ 50' \ 50' 6=04'59'04" R=76S,55' L=66,S6' CB=S07'40'26"E C=66,S4' I: :r: tJ ~I ~ ~I k:1 t:< ~ t~ So~ A TT ACHMENT "A" SKETCH OF DESCRIPTION .. NOT A SURVEY.. P,C,C, I . I o. ~I I o I - 6=OS'OS'25" R=1110,99' L=157.S4' -~- I 41 =12.29'09' R =82,00' L =1~87' s CD =N 66.09'39' " ~ <?S.J..s; C =17,83' ~ / ' 6' (,4fc, 41 =90.00'00' ~ 4S.> R =30,00' f'll I L =47.12' .t!? I $ I N 59'55'05" " 40,83' " I P.c.! k L~~ 7~' l~ ~",ff If ~ q,~~" i ,~ '/ ~~ t;tj /A / ~ ~Is DR, MITCHELLS SURVEY OF %~~ ~Q THE LEVY GRANT ON LAKE JESSUP tv'" ~t / PLAT BDDK 1, PAGE 5 0 ;. / ~ LOT 30 i' li> ~",; ~ BLOCK 'B' /~ ~~ ~tV f / ~ fCjII~ ~~~~ #/ ~ ~;lf~f I~ N #.1 ~6~ !/.~ ffi ~~"~ ~,~ 0/ Cj ~.p~ I rt; ffi~' ~ ~~ I ~ ABBREVIATION LISTING O,R.B, = OFFICIAL RECORDS BOOK PG, = PAGE P.B. = PLAT BOOK P.C, = POINT OF CURVATURE P.T. = POINT OF TANGENCY P,C.C, = POINT OF COMPOUND CURVATURE P,R.C, = POINT OF REVERSE CURVATURE D = DELTA or CENTRAL ANGLE 6 = DELTA or CENTRA,L ANGLE So' ~ o A ..... ~ ~ o u ~I ~ < ~ / I I / Cl ' ::0 . I I ~I 0: ;<::! / Co ~I -, (.oJ' a. I "C I D' Ci) I m 0 (T1 o.JJ - Tlnklepaugh SURVEYING SER\1CES. INC. , 379 W, Michigan Street. Suite 208 0 Orlando, Florida 32806 Tele. No, (407) 422-0957 Fax No, (407) 422-6915 UCENSED BUSINESS No, 3778 DRAWING No, TO 1 C43 I I FILE No, SX-6986