HomeMy WebLinkAboutSeminole County School Board Stormwater Project and Easement Agreement - 2001 07 05
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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
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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
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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
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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.
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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
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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.
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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.
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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
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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:
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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.
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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
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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.
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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
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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.
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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......,.'...
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My Commission Expi eQ)' , ANP~tO . ~;c.:_ii .
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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
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By: '-R'I' '
Paul J. Hagerty, erintendent
Dated; La /,;;J.ek /
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i'''''YP(J~~ KAREN PONDER
~ MY COMMISSION # DD 001254
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.,.~ ~$ EXPIRES: Jun 10,2004
or~ , Bond' I
HlOO.3-NOTARY FL Notary Service & lng, nc,
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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. /' //
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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
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F:\DOCS\City of Winter Springs\Agreements\Interlocal Agreement - Seminole School Brd - Stormwater Project &
Easement -no redline,kj
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EXHIBIT "A"
Legal Description of Stormwater Property
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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,
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R=76S,55'
L=66,S6'
CB=S07'40'26"E
C=66,S4'
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A TT ACHMENT "A"
SKETCH OF DESCRIPTION
.. NOT A SURVEY..
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R=1110,99'
L=157.S4'
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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!?
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N 59'55'05" "
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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 / ~
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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
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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
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FILE No, SX-6986