HomeMy WebLinkAbout2007 09 24 Regular 601 Tuscawilla Country Club Disposal Easement Agreement
COMMISSION AGENDA
ITEM 601
Consent
Informational
Public Hearing
Regular X
~
//r
September 24, 2007
Regular Meeting
Mgr. / Dept.
Authorization
REQUEST: Utility Department Requesting the City Commission Consider the Request by
Tuscawilla Country Club to Extend the Effiuent Disposal Easement Agreement
PURPOSE: This agenda item is needed for the Commission to consider staff recommendations of
the conditions under which the City would provide reclaimed water to the Tuscawilla
Country Club until a new agreement is finalized.
CONSIDERATIONS:
This agenda item is needed to respond to the request of Tuscawilla Country Club to extend
for one year the current Emuent Disposal Easement Agreement which expires September 28, 2007.
Staff does not support continuing the provisions of the agreement whereby the City pays the
irrigation pump station maintenance and power costs but does support continuing to provide
reclaimed water at no charge for six months with an extension in six months if needed.
CHRONOLOGY:
September 28, 1987 - Winter Springs Development Corporation (WSDC) and Seminole
Utility Company (SUC) enter into a 20 year Emuent Disposal Easement Agreement, a copy of which
is attached. In exhange for the golf course taking wastewater emuent at no charge, the agreement
obligates SUC to pay for the maintenance and power costs of the golf course irrigation pump station
and augmentation well.
092407_ COMM _Regular _601_ Tuscawilla _ GolC Course_Reclaimed _Water_Agreement
September 24,2007
Regular Agenda Item 601
Page 2
April, 1990 - The City purchases Seminole Utility Company and assumes responsibility for
all agreements in place including the Effiuent Disposal Easement Agreement with the golf course.
August 22, 2002 - Tuscawilla Country Club requests 20 year renewal to the Effiuent Disposal
Easement Agreement.
September 16, 2002 - City provides formal notification pursuant to Section 5 of the
Agreement that the City intends to terminate the agreement upon expiration on September 28, 2007.
September 5, 2007 - Tuscawilla Country Club requests one year extension to the current
agreement. (copy attached)
September 13, 2007 - City Manager sends response to Tuscawilla Country Club outlining the
staff recommendations to be proposed in this agenda item. (copy attached)
BACKGROUND INFORMATION:
Tuscawilla Country Club (TCC)
. The annual electric costs to the City for the TCC are ~ $12K
· The annual pump maintenance costs are ~ $3K to $5K
· TCC has a well the City uses to augment the reclaimed water supply during peak
demands. The withdrawal permit limit for the well is far below what the annual golf
course irrigation needs are.
· TCC averages ~200,000 gallons per day of reclaimed water usage which would equate to
about $38K annually using current rates and no credit for the well augmentation
Winter Springs Golf Course (WSGC)
· The City had a similar subsidy based agreement with WSGC that we inherited in 1984
with the purchase of North Orlando Water and Sewer Corp (West system) that expired in
1995.
· A ten year agreement was subsequently agreed to whereby the City provided free
reclaimed water but no direct out of pocket expenses which expired in May 2005.
· The City provided one additional year of free reclaimed during the sale of the WSGC
· On May 15, 2006, the City Commission voted to charge WSGC the current reclaimed
waters rates absent any agreement.
092407_ COMM_ Regular _60 I.Tuscawilla_ Golf. Course.. Reclaimed _Water_Agreement
September 24,2007
Regular Agenda Item 601
Page 3
Alternative Water Supply
· The City has retained CPH Engineers to evaluate various alternate water supplies such a
Yankee Lake, Lake Jesup, City of Sanford, Aquafiber and the St. Johns River at SR 46. A
draft report is expected to be ready in October.
· The City currently is limited from adding customers to the reclaimed water system to our
current commitments (including the golf course) and a limited supply.
· Staff is not in a position to enter into a long term agreement with the golf course that
defines reclaimed water rates until such time as a rate study is complete. The rate study
RFP will be advertised in October 2007. The key factor for the reclaimed water rates is
identifying the source of alternative water supply so the capital costs can be incorporated
into the rates. We project bringing rate options to the City Commission in February 2008.
RECOMMENDA TIONS:
It is recommended that the City Commission approve the staff recommendation providing
Tuscawilla Country Club reclaimed water at no charge until April 1, 2008 at which time the
Commission could consider whether additional time is needed. In addition, all other obligations of
the City in the agreement will expire and will not be extended. They include, but are not limited to:
· Maintenance and repairs to the pumps, valves, controls and all related appurtenances
needed to operate the golf course irrigation system are the responsibility of the golf
course
· Electric bills for the irrigation pump station are the responsibility of the golf course
TCC would continue to allow the City to operate the golf course well at no charge to the City. City
staff will assist golf course personnel in fulfilling the Consumptive Use Permit reporting
requirements for the augmentation well.
ATTACHMENTS:
1. Effluent Water Easement Agreement
2. Tuscawilla Country Club Extension Request dated September 5,2007
3. City Manager Response dated September 13, 2007
COMMISSION ACTION:
092407_ COMM _Regular _601_ Tuscawilla _ GolC Course_Reclaimed _ Water_Agreement
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A TT ACHMENT NO. 1
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C. ~AVID BROWN, II,
Broad and Cassel
1051 Winderley Place, 4th
Maitland, Florida 32751
(305) 660-8984
prepared
P.A. (Crnh
by:
~his :nstrument ~as
Floor
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EFFLUENT ~IS?OSAL EASEME~T AGREEMENT
THIS AGREE!1ENT, made aild entered :..':0 as of the") tfL day
of ~c....\)f-<..-~ , 1987, by and between WINTER S?RINGS DEVEi.,OP1-1ENT
CORPORATION, a Florida corDoration (hereinafter called "Owner")
and SEMINOLE UTILlTY COMPANY, a Florida corporation (hereinafter
called "Seminole").
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WIT N E SSE T H:
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WHEREAS, Owner is the owner of the real property commonly
known as :he "Tuscawilla Country Club" situate, lying and being
in Seminole County, Florida, described on Exhibit "P-." attac:.ed
hereto and made a Dart hereof (hereinafter referred to as
" ? rope r : y" ) . "
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WHEREAS, Seminole owns and operates (i) a sewage treat~ent
plant {the "Plant") with two effiuent holding ponds (the "301ding
Pones") adjacent to the 11th fairway of the Tuscawilla Country
Club; (ii) 2 sewage effluent transmission main (t.he "Trans:nission
Main") leading from the Plant and ?olding Ponds across a portion
of. :.he ?:oper:y to a pumping station (the "Pump Station"
consistino of. two D~mDS Hhich is the DumD for :.he ~ater well [:.he
"Wat.er P'..l~P"J and the" pump :::::r distribu:lon of the e:fluent [the
"Effluent. PUr.lD")) also ownec bv Seminole located on :he 18th hole
or the Tuscawllla Country Club-a:.d leadinc from the ?~;nD Station
to a Dercolation Dond owned bv Owner one mile north of the
?roDe=:.v (:.he "?e=c ?:)nc") an6. 2. SDrav fiela also owned bv 3el-
~~"-e -::orn-es ,...,c '........e "S""""." ";';~i"::~') :'oc--c":' o'os- r','= -~e.
... _ _ .. ...., , _ 4 4. . \.... .. J ....,J a.. c: V ... _....... _ It.- _ C. _ _ _ w _ ""' - - .... ... J
~"~De"-" 7.0C--PQ' -c'~-c~----~ -~c ~,.-...... S---'~~ ;s - w--o- well
__'-' _.....y. _. G....._ C.)C _...... ....,;.J ........_ _~J,LL"'" ....c.___..J - C. c.l",.__
(the "i~e2.:''') o"mec bv Owne::- b~-: ;i",ace c.~a::'2.ble :0 be '.lsed and
c"r...c,.....'v '""De"-"cd bZ, Sp;n~""",~c .,... s.,--......'.cmc-- -'-;c "''='=''..le''-
a;a~ :;-~~~~;" ::. :~~- ~"..,' :'..:';'::- -~'"' '-'::::~:l_ -";~~:;7"", --;:,... ,j....
___D__ =_ ....:1e __.l~'::> s"-c:....-'-'.~. _..e :_.::..........f __""",_'I,,.._..c __..c,
"....,.. _ !"'\ srn ~ c: .: _ " - .: '"""'I ? - S . -....-.. - 'P""I" - : -..... =".: ~ ~ c
_.c.. ll__s~,-,n ;';c""., .'.lmp :.2-::.on, =,e.c =,c:;e c...C ~p_c: __e_,-, an'
we:l (eve:. :houch the We:: :s o~nec bv o~~er) are c2llec:.:ve1v
-::f'e-"'pc -,. -s ;;Sem:""olp's SVS"PlT: " .
___ ___ 1..."-" C ....... - ... ..-.....
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w~E~EAS, Seminole is :.he lice~sec and ce:-::fica:ec owne: 0:
Se",~""~ie':: S.'S--- --ov~c.;""'e se"-c" ",,,,,"pc-;,..- ~-_eC"7"'.10_""..':" and
..._........_ _ : ....t:.lu::"_ _ _oi"_ wc_t:: '-"____ __........l., - - _.lll -
cisposal of :rec.:ec e::lue~:. i:; the ~~scaw:::2. se:vice area ane
is le9al2.y au:ho::-i=ed -:0 pe:fo::n as :e~~i:es he:e:n.
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w?-EREAS, oeca~se
~~il-: O~-: as c: :~:s
the ~'.lsca~i:'la ceve:'c?~e~:. :s nc: comple:.ely
-::me, -:he ?:'a~-: is c~::e~::'y opera:.ing ~:.
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less than full capacity and produces approximately __ MG~ of
~reated ef:lue~~ ~~ic~ 5 se~: :r.~cuch tne ~rar.sw:ss:or. ~ine to
~he pump Station where t is curre;.t:y supplemer.:ed by Seminole
with water pumped from the We~l and made available at a gate
value at the Pump Station flow intO a double line sprinkler
system previously constructed on the Property by Seminole but
owned and maintained by Owne~ (the "I::igation sys'cem").
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WHEREAS, Owner desires to grant to Seminole the right to
contin~e to distribute a portion of Seminole's effluent disposal
on the golf course area of the Property (though specifically
excluding any a:eas not included in the fairways, tees, holes and
rough or the golf course; i.e., parking lots, swim and tennis
areas, clubhouse and maintenance areas as they currently exist)
through the :rrigation System, which disposal would meet the
needs of the Owner for a regular and reliable supply of water
containing nutrients for irrigation.
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NOW, THEREfORE, in conside:ation of cood and valuable
consideration more fully desc:ibed hereinbelow in this Agreement
and the mutual covenants and Dromises of the Darties heretO, the
receipt and sufficiency of which are hereby acknowledged by the
parties hereto, it is thereupon understood and agreed as follows:
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1. That all of the foregoing recitals contained in this
agreement are true and correct and are incorporated herein in
full.
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2. Owner hereby grants and cor.veys to Seminole and its
successors and assians, an exclusive easewent for distribution 0:
Seminole's effluent~disDosal throuch the Irriaation Svstem,
together with a nonexclusive easemeBt for ing:ess, egress,
acc~ss use co~c~-uc-;o~ m-l.~te~an-~ -~Q" -~~-~- o~ s-~o"
_, , ..I._lo...... "-_ ...:., lG..~ .J. l....._ c..... .._~c.__ ~ G..:..
sDrinkler svstew in accordance ~ith the terms and Drovisions more
specifically set forth herein. Seminole hereby grants anc
convevs ~o Owner t~e exclusive richt to receive t~e e::lue~t, i:
a~v, a~c Sem~~o:~ s:n~" 0-0\';0"0 c..;' e~:iue~- :~r ~;c~osa: :0
.. _ __ ..___ .. _ _ __ ___ ..l'- __. ___.,.t -
Ow~e: which is ;:ocuced by Seminole, to :he exten: ?~ovi6ed
~erei~1 wi:~ any excess to be diverted tc :~e ?erc ?ond, Spray
?ielc, held in the ~olcin; ?onc cr suc~ c:~er place as Seminole
".e, place suc~ Effluent.
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~. Owner ana Semincle acknowlecge :hat the trec:ec
se~ace e::l~e~: ~::l be s~:e=d =~ ~he ?rcoe~:.; t~~cuch ~~e
:rrigation Svs'cem. T~e I~:ica:ion Svstem-sta~l be o~e=a:ed a~d
maintained ~~ Owner a: Owner7s sc:e cos'c ane eXDense~ Seminole's
Svste~ c~e-"-~o ~~e---~c" -~~ ~-:-~-~neo" ~.. ce~~;~ie -~ :-s sOl"e
... _..J. __ ...;.... _--' _c.~_ c..J"- ..llc::._..l....C._. ~1\1 -' .l._..~__ Co"",-"'"
o .;: ~ r"'" ..,.. -- - ... &::I. po - c::. ~ i': 0"" ....:: - ; ..., ~ - - _.: -. - ; . ~ - ....: - ,.. ~ -....
.,.. _ _ ..... _ _ e r: c .,.. ). D .,.. . ,_ .,.. . _ _ "" n e . "" :: _ _ S _ u so;]", c. _ .. ... c. _ ~ t n e - - - .:. C c. ... - u ..
S.v's-::e:n, S.:.m~"'l-oio .-"c.-v C.-~-e- C~\';~c O'.~e- '.,...;-~~-' no"';C~ 0: s-=:c"
"" _" .. _ .. _ _ , _... _ _ _ .. J. ...... J, l _ ". _ _ ... ... .... J J J ... - - - ...-. ...
:: ail u r.:. "".-' ma: -.... - ~. .., - - n e - t: - &:: .,..:. V ~ n c 0""', ~ .,.. -. .:> ~ us in e sse a y s
.. . . _ ._ """:' . _ .... r... c:. _ .... c:... c _ .... "- _ ~ _ _.L _ '" .... .... - ... "'" _ . ... .
w~:n~n wn:cn :8 cure :8l1ow:nc Owne:'s rece:~: c: sa:o ~o~:ce,
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enter onto the Property ane perform any necessary maintenan~e ~o
the Irrigation System. O~ner sha~l be obli9atee, upon suom:ss:on
of a bill by Seminole, to ?ay Seminole for said maintenance.
owner's failure to pay Seminole for said maintenance within 15
days of Owner's receipt of t~e bi~l shall entitle Seminole to
interest on the bill at the rate of 12% per annum, but in no
event shall such interest be hiaher than the applicable le9al
rate, and the right to impose a~lien on the Property. Semincl~
shall be responsible for installing any pipes or lines needed l~
crder to brine the treated sewaee effluent from the Plant to the
Pump Station ~he appropriate access point of the Irrication
System for the further-spreading of the effluent thro~gh the
Irrigation System.
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B. The Irrigation System sha:l be operated by the
Owner and Seminole's System shall be operated by Seminole and
such operations shall not defeat the purposes and the
requirements of this Agreement. This may include modifying the
schedule, distribution, and amount of effluent application:
modification of supplemental fertilizer, pesticide, herbicide and
other chemical applications in order to meet health or ground
water quality standards as required by regulatory agencies and
permits. Operation 0: the Irrication Svstem bv Owner shall mean
setting the" time clocks, setting spray head voiumes, turning
svstem on and off, monitorina the svstem, recorc keepina for the
monitoring, and the like. Ail operating expenses other~than
those specifically excluded herein which are germane to the
operation and maintenance of the Irrication svstem shall be borne
by the Owner, and Seminole shall bear-all costs associated with
the maintenance and operation of Seminole's System.
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C. Seminole shall have the right at all times to enter
the ?ropertv (excludinc Owner's buiidine irnprcvenents) ~o i~s::>ec~
....... -" - .. ..
the oDeration and maintenance of the on-site system and to obtain
and perform tes~ine and sam~linc 0: c:ouno~ate: from the
mon_;:o~;nc "p"s -n~c' ~~~ o-~~~ s-:m,i:~ ;~sDec-;~n ~~c' ~~s-;ng
... .._ . w___ C _.~_ \....~__ _ __c.. _.i. ....-- _., ....- .....-"
pur~~ses - ~es-:~c -~c' s-~~';~~ 's n' P~P'DV "c'p~;---~ec' -s
.... ::-''''"''' . _ '-_.i. c.. c..i.il~__..- _ __..... ___........c. - c.
Semino_'e's -.,es~o-s~:""':':-v . o":"e~ ..,;~i :;~'-~:'s;.....- -0':; c=-- 0....
r...J .. .._____. v....... V\.___ _....L_...._ J.. C '-' -- -- - -
o~her ac~ep-~D';P ---~s~o~---;o- :;~.... Se~:nolp': ~p:-o-~e; -~
_ ......_ __ ......c... ~ .... _c..._ .oJ ___ .11_ __ _ ~--:;:, ,..i;' - ....~
=>e......:f"'\-m -es- ~ --- -nc'" -~cse --......e- '::es; --- r:\ .:"....--.: ""'''''''s 7;) -'-e
_ __'-'., _ ~ ~_"'=' c:.. ~.._ ~~... ~ _S.,c_e~ ,;,.-",-~,;,.~.., -' --' -
eve-~"""'- - S"~s"-""_:_" c"'~~-~'''i..... -= -...,':s .c-e~~e""- .-.n -~c ---- --
.' .._ ~_ c. __. ~c..__c:._ __c:.'-_,- __ .....,;,. :-"._ _.11 .... -' -"- ~C~ - '-"-
~~e Owner, Se~~nD:e s~a:: ~ave :he ri;h~ to er.~er ~he ?ren~ses ~:)
ccrrec~ ~he defau:~ in oreer :0 iDsure c~mDliance wi:h resula~ory
~gency ?er~~~7 ~n~ c:her ffia~te:s.critical to.semincle.in.~ee~i~g
:ts res?cns:o:l:::es ~o all reeu~atorv acenc:e5. Sem:nOle sna~l
:)... or"':)-: v" ~ ,c':)c.- .: - - -." r...:::.-.IIC- ge "'. -.. -. ... -... - r:.:-:. '"'_' _: ,---;~~ -. -~ e, - ~es --
_. tU_ __.. . _. _. c...! __ _ '-' ~::e go-=.: Cc.::', -- --- ---..
gree~s ca~sec ~y -~ res~::i~S :rom Semi~cle's e~::Y on:o :he
?rcperty.
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~. Se~incle sha:l have :~e righ: to S~:Eac ana Ow~e= sna~~
De ob~ica-p~ -0 a~~p::>~ ,,~ -0 --c' '~C'" Q'~ ~~;; ;~n ca;io~s
_ _ ___... _,-_.... L.:-' _ c..J ~.J. :'~ci:1<; ... "':_ H~____\o.I J - ..
?er day of ~reated se~ace e::lueDt eac~ day; ?==vlcec, however,
. ' . .. ..
~~at ~ne amo~~: c: ::ea:ed s~~ace ef::uen: ~er ~ay, as c2:culatec
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duri~ga~y thre~ day.peri~d, does not exceed the amount or
perrn:ttec capaclty a~lc~ec DY :~e Florida Department of
Environmental Regulation (~DER~). In addition, Owner shall be
entitled to_decline acceptance of any effluent through the
Irrigation System at such ti~es as the acceptance of the effluent
could result in a burden to the Property, in which case the
effluent shall be diverted to the Spray Field or Perc Pond or
held in the Holding Pond provided capacity to .943 gallons per
day (as required by DER) shall ~e distributed through the
Irrigation System. The quality of the effluent shall meet the
standards established by DER for the spray irrigation of effluent
on golf courses. Owner shall maintain generally acceptable
records showing number of gallons of effluent sprayed each day
and showing amount utilized in various areas of the course and
hours applied. Owner shall also keep records and show changes 1n
controller settings, chemical and fertilizer applications, etc.
Said records shall be furnished to seminole by Owner not less
than monthly or; .a form furnished by Seminole. Seminole shall
have the right :0 regularly inspect Owner's records regarding
operation and maintenance of the system or for the purpose of
determining performance of the obligations under this Agreement.
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Notwithstanding that Seminole shall have the non-exclusive
rioht to use water from the Well for the sole ~urDose of
supplementing the amount of effluent available.to.meet its
oblieations to Drovide irriaation water to Owner hereunder, Owner
shall have the :ight at any'time to use the Well for other
irrigation on the Property.
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5. The initial term of this Aareement shall be for a period
or twenty (20) years from the date of execution hereof.
Thereafter, this Aoreement and the terms and ";)rovisions hereof
shall be automatically renewed every five (5).years for a five
(5) vear ~eriod without further action on the ";)art of the Dar~ies
hereto wi~h the final five (5) year period terminating forty (40)
years. from ~he da~e of exec~tion hereof. Notwithstanding .
anyth1ng c8ntaineo herein to ~he c8ntra:y, ei~her of ~he partles
he~e~o ~2Y ?~eve~~ ~he a~toffia~ic :ene~c: of ~~is A~:eerne~~1
the:e:o:e te:mi~a::~c same a~ ~~e ex~i=2~icn cf ~hen =u:~en~ :ive
(5) year period ~: s{ving written no~:ce of said ter~i~ation :0
the 8ther ~art,' no later :h2n :ne hwncre~ eich~v (:80) days ~rior
.. 0 - '-j e t:>)"..., ~ - - - -; 0 n c':: s - ~ c' ':::" e ( ) ve - - -.e - , 0- c .
_ _. _ .:-'_.c...._. _ c._ __"'_ 5 _ Co. :-' _.:. '.
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6. ~~e consideration for this Acreement is ~he ~enefit to
the ?r~";)e--v 0':: -he s~-e-c;~g c':: -he :-e-"ed -ew-ce effluent
....... _ _ _ ': _ _,~ .. _ ~ _ c _ .. . _ :-.. _ ~ _ ~ '- ... ~ c _ eo
~~e:ecn c~c t~e ~ene:~~ ~~ Se~:~Ole c: t~e c:s?osa~ ~r ~~e
treated sewage eff~~en:.
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7. Seminole ocrees ~o incemn::v and ho:d harm:ess Owner
from a'1V cia:rps ~- c-a"ses _.:: ;:-"':o~ ~,"";c"" !T".-" -_:c:.t:> -c-;....,s- Owne-
. _ _ _... __ _ __ _\..0......_ lJ '^'Lol_ ... .l&..c.:: c:..._-.- c;:c._~: ....,. -
by vi!~ue c: :~e =is~::~~::oo ef, 2~a ~~e use 0: ~~e _::l~a~lon
System fer the c:s~rib~:ion 2f efflue~t dis~esa~ on ~he ?:oper~y
by Ser.-.i::cle.
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8. .~ is acknowlecged ane a~:eed ~ha:, ir: the event any
~rovis:o~ c: this Acreement is b:eacr:ed ~v ei:~er ~ar:v, any
remedy at law would-be ir.adecua~e. :here~ore ~he ~a:tles hereto
agree-that either party may seek such equitable reiie: as may be
available to it, including a suit for specific performance. The
prevai~in9 party shall also be enti~led to recover reasonable
attorney's fees from the other in any judicial action brought ln
connection therewith.
9. Any notice or demand to be given or that may be given
hereunder shall be in writing and shall be (i) delivered by hand,
or (ii) delivered throuah or bv Federal ~xpress, express mail or
other exoedited mail or-oackaae s~rvice, addressed to the parties
as follo~s: --
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If to Owner:
Winter Springs Development
Corporation
1500 Winter Springs Boulevard
Winter Spri~gs, Florida
Attn: John P. Afflebach,
Executive Vice presiden:
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If Seminole:
Seminole Utility Company
900 N. Maitland avenue
Maitland, Florida 32751
Attn: Phil Birdsong,
Vice President
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Copy to:
william I. Livingston, Esquire
Vice President/Secretary
5209 Tampa Palms Boulevard
Tampa, Florid2 33647
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Any notice or demand tha: may ~e Siven hereunder shall be
d~e~e~ ~omplete (i) upon oe~ositina anv such notice or demand
wltn :'eoeral _~x~-..ess, e~~-e-ss ~-;~-~- ~-~e- ev~e~;-ed ma~' 0-
. ...., .I.. t-'... .uc. ~ - v ~ "-" ~...l - ... =-' .... - '- - - -
?~~kage delivery, or (iii) ~pon ~and delivery ~o the appropriate
a~~:esse~ here~~ provided. ~ither party heret~ may change said
aoaress oy not:ce :n writinc to the Other party in the manner
he=e:~ ?!ovicec.
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~his Agree~ent shall run w:~~ the lanes descri'::>ec .~ ~x~i~i~
".!:"" c;"Ctached a:1d s:.all ~e ~inding upon a::c its '::>e:;e:i:s and
aova~~a9~s sha:: inure ~o the successc:s and assi~:1s of the
part:es ~ere:o. T~is Aoreement s~a:: '::>e the f~nc;l c;creement of
t~'" ~:-.;...:e:::. ("~;ec:s s"'"'s-t::>nuen-'v -....e~c.ec. ""'v - ..-;.......en- -0_"'''''''''''--
.._ :,,__'-'_ _ w.._ _ _...J _....J .\.._ C..ll.. '-' C \.....~~"-I". .. C ___';'~I_..""
"'..."'c'.:-"'~ \,'~ -h e""u.ai c''; c~.;':v :::s :\.,~ s r.c-"''''''';'l'''-) -n"; -; i -o~he"
_.._ __'-" "__4o ~ _ __..-1..._ _ _.._ ..._---.1.-...... , c.~........ c.__ \.... .
AgreementS reca:cinc the sbreadi::c of effl'Je::t disocsc;l, ~~ any,
are s'.:oersee"'d :::no :evokcc-~v -~;s- ~~-~cm"'-- -
- - _. - - .. \"...... ....':'___._...to,..
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lO. Upon :erwination of this A~reeme::t Owner s~al: succeec
~~ any :i~:.t or interest of Se~incle ~~ a::v ?c:t:cn 0: Seminol~'s
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(9/23/57)
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System located 0 the Property, provided Seminole shal: be grantee
an easeme~t :or the use 0f E::luent Pump and sewer lines to the
Effluent Pump and thereafter to the distribution lines leaving
the Effluent Pump.
IN WITNESS WHEREOF, :he parties hereto have caused their
hands and seals to be hereunto affixed, as of the day and year
first above written.
WINTER SPRINGS DEVELOPMENT
CORPORATION, a Florida
t. ~atio/) /7 ./
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By:
(CORPORP.TE SEP..L)
)1 1 ~ fi I
r 1-' k/ I'--' ! J \-tC\v'^-1
:..1~\ M. ~
SEMINOLE UTILITY COMPANY, a
Florida corporation
\
l"CS
(CORPORATE SEAL)
STATE OF ?~OR:DA
COUNTY 0: 0 fZ-A-rJ (,- [
1 ?E~E3Y CE~T1:Y t~at on this cav ~ersonallv ac~eared before
me, a~ officer culv aut~crizec :~ ad;i~ister ~aihs-~nd take
ack;;o'v.'2.ed9me~:s, 'PLII~ A ralr.l..Je........ as rp,..t.jt'J4,q.:t of
w:NTE~ S?~:NGS ~EVELG?MEN? CO~{p~AT:ON, a Florida corpcration, to
~e we17 k~~wn :0 ~e the pe:5on descri~ed i~ and who executed the
:oreQC1~C l~str~me~: anG :~at he acknowledaed before me that he
- ... ., -
executec the same fer t~e purpose there:n expressed.
W:~N~SS mv ~C~C a~d ~:::cia
, -s- - &:o"es- ~ .c' -...,; j ()j,t oa~' ;".
"'-Co _ c._ _ Co_, _.._s _1:,,,- ::_
seal i~ the county and state
~ (. .~fi.-h-- ,;. 9 67 .
~N.~
Notary Public
State of Florida at Larce
6
Notarv Public State c-I ;:-\onda at Large
. ..,- '957
My Commission e>-pHes Oct. -~. .
3/CVE.r=G2~~C~-~
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(9/23/87)
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~y CO~~lss:on expires:
STATE OF FLORI~A
COUNTY OF Or<Jt}!{-'c
I HEREBY CERTIFY that on this day personally appeared before
me, an officer duly a~thorized to adminis~er oaths and take
acknowledgme:1ts, Iv...l.rD~. r-1.J1'f""t: as VILe... 'Pr~lJ..L..-:t of
SEMINOLE UTILITY COMPANY, a F1 ida corpora:lon, to me well known
to be the person described in and who executed the foregoing
ins:rumen: and that he acknowledged before me that he executed
the same for the purpose therein expressed.
WITNESS my hand a:1d official
last aforesaid, this ~~1~ day of
seal in the county and state
J t.11J~.1r-,r , 1 9 8 7 .
~N.~)
Notary ?ublic
State of Florida at Large
My commission expires:
Notarv Pu~li: St:lte 01 FloriO;) at urge
My' C'ommlsslon expires Dc-... 2::, .l_~az
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.Rvsc. 9/14/S7 - 1:34 ?~1
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SL 140E 9/3/87 TUSCA'NILLA GOU: COUriS= #373"15.0005
WEST GOLF COURSE
DESCRIPTION:
Part of GARDENA FARMS. as recorded in Plat Book 6, Page 23, Public
Records, Seminole County. Florida, lying in Sections 7 and 18, Township
21 South, Range 31 East, City of Winter Springs, Seminole County, and
being described as follows:
Beginning at the Northeast corner of the plat of WEDGEWOOD UNIT ONE,
Plat Book 20, Pages 56 and 57, Public Records, Seminole County, thence
S 07014'23" E along the East boundary of said plat for 319.40 feet;
thence S 26037'51" E along the East boundary of said plat for 474.25
feet; thence S 10053'10" E along the East boundary of said plat, and along
the East boundary of WEDGEWOOD UNIT TWO, Plat Book 21, Pages 11 and
12, Public Records. Seminole County, for 634.02 feet; thence
S 18054'08" E along the East boundary of said plat of WEDGEWOOD UNIT
TWO and along the East boundary of the plat of WEDGWOOD UNIT THREE,
Plat Book 21, Pages 13 and 14. Public Records. Seminole County, for
489.86 feet; thence S 11000'34" E along the East boundary of said plat of
VvEDGEWOOD UNIT THREE for 150.34 feet; thence S 25028'58" E along the
East boundary of said plat for 306.15 feet; thence S 44052'21" E along
the East boundary of said plat for 274.06 feet; thence S 69055'33" W
along the South boundary of said plat. also being the centerline of Howell
Creek, for 138.85 feet; thence S 870j 9'11" W along said South boundary
for 70.00 feet; thence S 21034'51" W along said South boundary for
145.76 feet to the Northeaste:-Iy Right-of-Vv'ay line of Northern Way as
show;'i in the plat of WINTch SPRINGS UNIT 3, Plat Book 17, Page 89 and
90, Public Records, Seminole County; thence Southeasterly along said
Northeasterly Right-of-Way line, along the arc of a C:..Jrve concave
Northeasleriy, having a radius of "1610.00 feet, through a central angle of
52058'46", having a chord bearing of S 63045'45" E, for 1488.71 feet to
the point of tangency; thence N 890L4'51" E aiong said t Jorth Right-ot-
Way line for 29.37 feet to the West boundary of the plat of WOODSTREAM,
Plat Book 24, Pages 97 and B8, Public Records, Seminole County; thence
~~ortheriy along said West boundary ior the following courses:
N OeoI5'OS" W for 2"i 4.5'1 feet: N Scc35'58" W for 585.11 feet:
N 78035'12 Vv fo:- 145.5L feet: N 09024'25" W for 541.51 feet to the
SOL'tnwes1 comer of the pic.t of COUNi;:;Y CLUB V1LLAG= UNIT THh==, ?\at
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Rvsd. 9/14/87 - ~:34 ?~\1
Book 25, Pages 33 through 37, Public Records, Seminole County; thence
N 58023'53~ W along the West boundary of said plat for 442.28 feet;
thence N 01 014'52~ W along the West boundary of said plat, and along the
West boundary of the plat of COUNTRY CLUB VILLAGE UNIT TWO, Plat Book
23, Pages 78, 79 and 80, Public Records, Seminole County, Florida, for
796.14 feet; thence N 1 0047'28~ W along the West boundary of said plat,
and the West boundary of the plat of COUNTRY CLUB VILLAGE UNIT ONE,
Plat Book 22, Pages 4, 5 and 6, Public Records, Seminole County for
566.65 feet; thence continue along the Westerly boundary of said plat for
the following courses: N 29058'16" W for 340.05 feet; N 61053'50" E for
526.07 feet; N 64055'36" E for 451.79 feet; N 04041'25" E for 82.96 feet
to the point of curvature of a curve concave Southwesterly; Northwesterly
along the arc of said curve, having a radius of 38.88 feet, through a
central angle of 58050'48", for 39.93 feet to the point of tangency;
N 54009'23" W for 260.08 feet to the point of curvature of a curve
concave Southwesterly; Northwesterly along the arc of said curve, having
a radius of 102.22 feet, through a central angle of 38057'33", for 69. 51
feet to the point of tangency; S 86053'04" W for 40.95 feet to the point
curvature of a curve concave Northeasterly; Northwesterly along the arc
of said curve, having a radius of 223.97 feet, through a central angle of
32030'11", for 127.05 feet to the point of tangency; N 60036'45" W for
23.02 feet to the point of curvature of a curve concave Southerly;
Westerly along the arc of said curve having a radius of 25.00 feet, through
a central angle of 83015'10", for 36.33 feet to a point of tangency with
the South Right-of-Way line of Winter Springs Boulevard and a point of
termination along said \1\festerly boundary of COUNTRY CLUB VillAGE UNIT
ONE; thence Southwesterly along said South Right-at-Way line, along the
arc of a curve concave Northwesterly, having a radius of 1205.92 feet, a
chord bearing of S 59026'50" W, through a central angle of 46037'34", for
981.35 feet 10 the Point of Beginning.
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SL141 E 9/8/87 TUSCAWILLA GOLF COURSE #87315.0005
AND
EAST GOLF COURSE
Portions of PHILLIP R. YONGE GRANT, Plat Book 1, Page 38, Public Records
of Seminole County, Florida, and part of GARDENA FARMS, Plat Book 6,
Page 23, Public Records, Seminole County, Florida; lying in Sections 7, 8,
17 and 18, Township 21 South, Range 31 East, City of Winter Springs,
Seminole County, Florida, being more particularly described as follows:
Beginning at the Northwest corner of the plat of TUSCAWILLA UNIT 7, as
recorded in Plat Book 22, Pages 46 and 47, Public Records, Seminole
County; thence N 87051'00" E along the North line of said plat for 285.67
feet to the West boundary of the plat of GREENBRIAR LANE, Plat Book 32,
Page 32, Public Records , Seminole County; thence Northeasterly along
said West boundary, along the arc of a curve concave Northwesterly and
having a radius of 25.00 feet through a central angle of 90000'00", for
39.27 feet to the poin,t of tangency; thence N 02009'00" W along said
West boundary for 75.94 feet to the point of curvature of a circular curve
concave Southwesterly; thence Northwesterly along said West boundary,
along the arc of said curve, having a radius of 472.1'1 feet, through a
central angle of 06034'54", for 54.18 feet to the East line of a 110 foot
wide Florida Power and Light Corporation Easement as recorded in Official
Records Soak 174, Page 234 - 244, Public Records, Seminole County;
thence N 31045'52" W along said East line for 2412.49 feet to the
centerline of Howell Creek; theilce Northeasterly along said centerline fer
the 'following courses: N 55048'42" E for 39.28 feet; N i 3057'00" E for
100.44 feet; S 65042'28" E for 53.92 feet; N i 6008'27" E for 61.62 feet:
N 29004'00" W for 34.04 feet; N 84028'41" E for 93.38 feet;
N 40040'42" E for 61.28 feet; N 10010'05" E for 55.i3 feet;
N 81028'42" E for 61.22 feet; N 02038'26" W for 56.84 feet;
N 31048'19" E for 91.69 feet: N 28009'35" VV for 65.08 feet;
S 76052': 6" E for 74.79 feet; N 40001'25" E for 33.49 feet;
N 40043'04" W for 40.96 feet; N 07008'54" == for 47.03 feet;
S 50010'05" E for 90.81 feet; N 03010'47" E fo:- 47.03 feet;
N 36044'06" E for 64.26 ff:2t to a point of termination along said
centerline of Howell Creek; thence S 26054'18" E for 364.56 feet; thence
S 56017'36":: for 186.67 feet; thence S 22005'05" E for 167.53 feet;
thence S 18031 'i 5" == fo~ 333.70 feet; thence S 13005'14":: for 426.25
;oe" 'he'"'co S "'':)c'':.''''I'':)9'' = :0 -:>-38A :c.c..' T~OncO S o....o02_"'l,.no";:: ;or
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315.33 feet; thence S 31023'45" E for 652.31 feet: thence N 68002'37" E
for 452.35 feet to the Northwest corner of the plat of FAIRWAY OAKS UNIT
ONE, Plat Book 23, Pages 96, 97 ane 98, Public Records, Seminole County;
thence N 68002'37" E along the North boundary of said plat for 247.12
feet; thence N 75009'51" E along the North boundary of said plat for
643.68 feet; thence S 29033'07" E along the East boundary of said plat
for 299.19 feet; thence S 53031 '50" E along the East boundary of said
plat for 231.34 feet; thence S 11043'32" E along the East boundary of
said plat for 317.70 feet to the North boundary of said plat of
TUSCAWILLA UNIT 7; thence Northeasterly along the North boundary of
said plat, along the arc of a curve concave Southeasterly and having a
radius of 1258.15 feet, a chord bearing of N 66042'43" E, through a
central angle of 20020'51", for 446.81 feet to the point of reverse
curvature of a curve concave Northwesterly and lying along the North
boundary of the plat of TUSCAWILLA UNIT 13, as recorded in Plat Book 29,
Pages 1 and 2 of the Public Records of Seminole County; thence
Northeasterly along the arc of said curve, having a radius of 1160.00 feet,
through a central angle of 11043'08", for 237.26 feet to the point of
tangency; thence N 65010'00" E along the North boundary of said plat for
350.00 feet to the point of curvature of a curve concave Southeasterly and
lying along said North boundary; thence Northeasterly along the arc of said
curve, having a radius of 921.22 feet, through a central angle of
19050'20", for 318.98 feet; thence N 05054'54" E for 612.03 feet: thence
N 44059'44" W for 280.91 feet; thence N 66025'16" W for 470.11 feet;
thence N 78011 '13" 'vV for 1038.42 feet; thence N 57016'57" \V for
259.96 feet; thence N 34038'06" E for 299.31 feet; thence
N 30055'51" W for 434.41 feet to the most Southerly corner of the
Sewage Treatment Plant Site as described in Official Records Book i 027,
Page 619, Public Records, Seminole County: thence N 12056'23" W along
the Westerly boundary of said Tract for 100.00 feet; thence
N 3Lol1'57" \"1 for 300.00 feet: thence continue N 3~011 '57" VV for
250.87 feet; thence N 52019'24" W for 809.11 feet to t:.e centerline of a.
ditch; t~ence Northwesterly and Northeasterly along the centerline of said
ditch, aiong the following courses; N 16048'35" C for 39.04 feet to the
point of c:..Jrvature of a curve concave Westerly; Northeasterly and
No;~hwesterly along the arc of said curve, having a radius of 57.51 feet,
through a central angle of 82000'20", for 82.31 feet to the point of
tangency: N 6501 i '45" VV for 389.00 feet to the point of curvature 'of a
curve concave Northeasterly; thence NorthweSTerly along the arc of said
curve, havino a ~adi:..:s of 55.84 feet. throuoh a cemral anole of 64009'40" I
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for 62.53 feet. to the point of tangency; N 0'1002'05" Vv for 114.88 feet:
N 22025'"j 5" E for 276.24 feet 10 the centerline of Howell Creek; thence
Northerly along said centerline of Ho\".'ell Creek, the following CO:":fses;
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N 51059'49" E for 77.50 feet; S 76026'55" E for 72.69 feet;
N 36007'55" E for 67.49 feet; N 17037'28" W for 70.78 feet;
N 29007'42" E for 14.49 feet to the South Right-of-Way line of Vvinter
Springs Boulevard; thence t'-lorthwesterly along said South Right-of-Way
line, along the arc of a curve concave Southerly and having a radius of
2292.44 feet, a chord bearing of N 81046'57" W, through a central angle
of 16023'18", for 655.71 feet to the point of tangency; thence
N 89058'36" W along said South Right-of-Way line for 1285.51 feet;
thence S 00003'17" W for 335.25 feet; thence S 42031'59" W for 234.26
feet; thence S 52010'34" W for 307.52 feet; thence S 66037'28" W for
695.01 feet; thence N 54005'37" W for 287.98 feet, to the Southeasterly
Right-of-Way line of Winter Springs Boulevard; thence S 27028'26" W
along said Southeasterly Right-of-Way line for 20.96 feet to the point of
curvature of a curve concave Northwesterly, and lying along said
Southeasterly Right-of-Way line; thence Southwesterly along the arc of
said curve, having a radius of 1205.92 feet, through a central angle of
03059'26", for 83.99 feet to the point of reverse curvature of a curve
concave Easterly and lying along the Northeasterly boundary of the plat of
COUNTRY CLUB VILLAGE UNIT ONE, as recorded in Plat Book 22. Pages 4, 5
and 6, Public Records, Seminole County; thence Southeasterly along the
Northeasterly and Easterly boundary of said plat for the following courses:
Southerly along the arc of the last described curve, having a radius of
25.00 feet, through a central angle of 92004'36", for 40.18 feet to the
point of tangency; S 60036'45" E for 15.31 feet to the point of curvature
of a curve concave Northerly; Easterly along the arc of said curve, having a
radius of 173.97 feet, through a central angle of 32030'11 ", for 98.69 feet
to the point of tangency; N 86053'04" E for 40.95 feet to the point of
curvature of a curve concave Southerly; Easterly along the arc of said
curve, having a radius of 152.22 feet, through a ce;)tral angle of
38057'33" for 103.50 feet to the point of tangency; S 54009'23" E for
295.46 feet to the point of curvature of a curve concave Southwesterly;
Southeasterly along the arc of said curve, having a radius of 67.62 feet,
through a central angle of 58050'48", for 69.L5 feet to the point of
tangency; S 04041 '25" VI/ for 58.94 feet; S 54005'3/" E Tor 90.06 feet:
thence S 31045'52" E along the East boundary of said plat of COUNTr:\Y
CLUB VILLAG:: UNIT ONE, and aion\; the East boundary of the plat of
COUNTRY CLUB VILLAGE UNIT THREE, Tor 1102.28 feet: thence
S 58014'07" \V for .,55.39 feet; thence S 17004'38":: for 533.09 'feet;
thence S -; 7004'38" E for 365.26 feet: thence S 3.1 oL4'J,3" E for 465.84
feet to the Northeast COiner of ~hat certain Darcel described in Official
Recorcs Soak i 428, Pages 206 and 207, Publ'ic Recorcs, Seminole County;
thence along the cas: and South boundaries of said ;Jarce!, the following
courses: S 31 OLL'j3" E for 300.00 feet; S 75052'42":: ~Gr 331.30 feet;
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S 01011'44":: for 4~8.79 feet; N 70029'34" W for 215.02 fee~;
S 79044'00" W for 630.09 feet; S 36044'30" W for 103.84 feet to the
East boundary of the plat of WOODSTREAM, as recorded in Plat Book 24,
Pages 97 and 98, Public Records, Seminole County; thence S 00015'09" E
along said East boundary for 244.83 feet to the North boundary of the plat
of WINTER SPRINGS UNIT 3, as recorded in Plat Book 17, Pages 89 and 90,
Public Records, Seminole County; thence N 89044'51" E along said North
boundary for 127.37 feet to the point of curvature of a curve concave
Northerly and lying along the Northerly boundary of said plat; thence
Easterly along the arc of said curve, having a radius of 20,289.77 feet,
through a central angle of 01053'51", for 671.95 feet to the point of
tangency; thence N 87051'00" E along said north boundary for 448.73 feet
to the Point of Beginning.
LESS:
From the Northeast corner of WINTER SPRINGS UNIT 3, as recorded in Plat
Book 17, Pages 89 and 90, Public Records of Seminole County, Florida; run
N 87051'00" E along an Easterly extension of the North line of said
WINTER SPRINGS UNIT 3, a distance of 395.67 feet to a point on the East
easement line of a Florida Power and Light Easement recorded in Official
Record Book 183, Page 130, Public records of Seminole County, Florida;
run thence N 31045'52" W for a distance of 3674.63 feet: thence East
1426.66 feet to the Point of Beginning, said point being on the centerline
cf Howell Creek; run thence Northerly along said centerline of Howell
Creek the following courses: run N 14031'15" E for a distance of 103.24
feet; thence run N 40031'18" E for a distance of 53.38 feet; thence
N 06008'17"E for a distance of 107.86 feet: thence run N64020'12" E
for a djs~ance of 107.70 feet; thence run N 13025'05" W for a distance of
160.26 feet: thence run N 21036'48" W for a distance of 84.60 feet;
thence run N 24028'06" :: for a distance of 51.90 feet; thence run
N 06002'13" E for a distance of 79.25 feet: thence run S L2023'31" E for
a distance of 73.29 feet; thence run N 18047'34" E for a distance of 21.66
feet; thence leaving aforesaid centerline of Howell Creek run the
following courses: run S 69018'41" E for a distance of 383.72 feet;
thence run S 87037'08" E for a distance of 484.86 feet to a point on the
Westerly Right-of-Way line of proposed Greenbriar Lane (60' R/W), said
point being on a curve concave Easterly and having a radius of 626:89 feet,
thence from a tangent bearing or S 22030'36" W, run Southerly along the
arc ar said curve and said Westerly right-of-way line 229.42 reet through
a central angle or 2'1 c52'56" to the point of tangency; thence continue
Souther!y along said Westerly right-or-way line the following courses:
Run S 00037'40" W for a distance of 345.49 feet to the po in! of cu rvalU re
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of a curve concave Westerly and having a radius of 1572.82 feet and a
chord bearing of S 11026'15" W; thence run Southerly along the arc of
said curve 593.47 feet through a central angle of 21037'10" to a point;
thence run S 21049'28" W for a distance Qf 346.24 feet to the point of
curvature of a curve concave Easterly and having a radius of 1395.11 feet;
thence run Southerly along the arc of said curve 216.62 feet through a
central angle of 08053'47" to a point; thence leaving said Westerly right-
of-way line, run S 86015'10" W for a distance of 153.49 feet; thence run
N 03043'12" W for a distance of 244.69 feet; thence N 40022'19" W for a
distance of 310.63 feet; thence N 64051'04" E for a distance of 134.93
feet; thence N 31050'43" E for a distance of 146.58 feet; thence
N 15031 '52" W for a distance of 399.90 feet; thence N 40004'32" W for a
distance of 122.77 feet; thence N 73044'33" W for a distance of 68.22
feet; thence S 51011'10" W for a distance of 90.27 feet; thence
N 54026'46" W for a distance of 216.20 feet to the Point of Beginning.
LESS:
From the Northeast corner of WINTER SPRINGS UNIT 3, as recorded in Plat
Book 17, Pages 89 and 90 of the Public Records of Seminole County,
Florida; run N 87051'00" E along an Easterly extension of the North line of
said WINTER SPRINGS UNIT 3 for a distance of 395.67 feet to a point on
the East easement IiDe of a Florida Power and Light Easement recorded in
Official Record Book 183, Page 130, Public Records of Seminole County,
Florida; thence run N 31045'52" W for a distance of 3674.63 feet; thence
East 1426.66 feet; thence run S 54026'46" E for a distance of 216.20 feet
to the Point of Beginning; thence run N 51011'10" E for a distance of
90.27 feet; thence run S 73044'33" E for a distance of 68.22 feet; thence
run S 740'34'23" W for a distance of 140.91 feet to the Point of Beginning.
LESS:
Begin at the jntersec~jon of the Westerly Rig ht-of- Vvay Ii ne of G ree nbriar
Lane (60' R/W) and the Southerly line of BRAEWICK AT TUSCA VvlLLA,
PHASE I, as recorded in Plat Book 37, Page 53 through 54 of !ne Public
hecords of Seminole County, Florida, run S 52019'24" E along a radial line
and aiong said Southeriy line for a distance of 60.00 feet to a point on a
curve concave Southeasterly having a radius of 565.89 feet; thence' run
Southwesterly along the arc of said curve through a central angle of
12055'39" for a distance of 127.91 feet. thence run S 67037'08" :: for a
,
distance of 34.26 feet; thence run S 25033'46" E for a distance of
'1132.34 feet; thence run S 23018'52" E for a distance of 592.33 fee::
thence run S 71054'46" W for a disie-nee of 164.01 feet; thence run
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9/ 1 5/87 - 1 0: 5 7 .~. ~1
S 04017'52- W for a distance of 87.14 feet; thence run S 39028'43- E for
a distance of 722.49 feet; thence run S 73012'02- E for a distance of
288.95 feet; thence run N 85"20'31- E for a distance of 402.56 feet;
thence run S 89035'29- E for a distance of 135.88 feet; thence run
N 63011'33" E for a distance of 180.55 feet; thence run S 59000'08" E
for a distance of 196.74 feet; thence run S 43057'50" E for a distance of
183.81 feet; thence run S 08058'56" E for a distance of 93.96 feet;
thence run S 53046'20" E for a distance of 79.74 feet; thence run
S 06015'58" W for a distance of 121.12 feet; thence run S 68017'08" W
for a distance of 417.24 feet; thence run S 81058' 16" W for a distance of
763.79 feet; thence run N 22015'35" W for a distance of 478.46 feet;
thence run S 89017'52" W for a distance of 774.22 feet; thence run
S 59041'12" W for a distance of 274.66 feet; thence run S 46008'35" W
for a distance of 280.40 feet; thence run N 15025' 14" W for a distance of
391.42 feet; thence run N 53028'50" W for a distance of 243.05 feet;
thence run S 52004'07" W for a distance of 164.22 feet; thence run
N 66051'36" W for a distance of 32.51 feet to a point on a curve concave
Northwesterly having a radius of 1200.24 feet an a chord bearing of
S 17029'44" W; thence run Southwesterly along the arc of said curve
through a central angle of 06012'14" for a distance of 129.96 feet to the
Northeasterly corner of GREENBRIAR LANE, as recorded in Plat Book 32,
Page 32 of the Public Records of Seminole County, Florida; thence run
N 69024'09" W along a radial line and the Northerly line of said
GREENBRIAR LANE for a distance of 60.00 feet to a point on a curve
concave Northwesterly having a radius of 1140.24 feet, said point being
the Northwesterly corner of said GREENBRIAR LANE; thence run
Northeasterly along the arc of said curve through a central angle of
06"40'05" for a distance of 132.70 feet; thence run N 66051 '36" W for a
distance of 42.98 feet; thence run N 01021 '28" E for a distance of 453.26
feet; thence run N 12049'23" W for a distance of 176.73 feet; thence run
N 86015'10" E for a distance of 153.49 feet to 2.. point on a curve conC2..ve
Southeasterly having a radius of 1395.11 feet and a chord bearing of
N 17022'34" E; thence run Northeasterly along the arc of said curve
through a central angle of 08053'47" for a distance of 216.62 feet; thence
run N 21049'28" E for a distance of 346.24 feet to a point on a curve
concave Northwesterly having a radius of 1572.82 feet and a chord bearing
of N 11026'15" E; thence run Northeasterly along the arc of said curve
through 2. central angle of 21037'10" for a distance of 593.47 feet; 'thence
run N 00"37'40" E for a distance of 346.49 feet to a point of curvature of
a curve concave Southeasterly having a radius of 626.89 feet; thence run
Northeasierly along the arc of said curve through a central .angle of
37002'56" for a distance of 405.36 feet to the Point of Beginning.
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Together containing 243.694 acres more or less and being subject to any
rights-of-way, restrictions and easements of record.
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:)R-219
N. 09/86
FLORIDA DEPARTMENT OF REVENUE
RETURN FOR TRANSFERS OF INTEREST IN FLORIDA REAL PROPERTY
PART I
A. Grantor (Seller): WINTER SPRINGS DEvrLOP~EN'" COPJ'OBA'1"10N
Individual/Agent Name Corporate Name (if applicable)
900 N. Maitland Avenue, Maitland, Florida 32751
Mailing Address City State
Zip Code
05 65-3252
Phone No.
B. Grantee (Buyer): S emin 01 e U t.i 1 i ty Company
Individual/Agent Name
Corporate Name (if appliC2ble)
05 6?-3252
900 N. Mait.land Avenue, Mait.land, FL 32751
City
State
Zip Code
Phone No.
Mailing Address
Lot No.
Block No.
Name of Subdivision
C. Description of Property:
See Exhibit "A" attached hereto and made a part. hereof.
Other Descrip~ion (if llppliC2ble)
Type of Document: Effluent Disposal Easement
Agreement
D. Date of Sale: september 28, 19 B 7
E. Recorded in
c~_':~~'"
County(s).
PART II
s
NOMINAL
Total Consideration Paid Or To Be Paid
PART III
FOR USE BY TAXPAYER IN DETERMINING CONSIDERATION
NOT REQUIRED FOR FILING * (SEE REVERSE SIDE)
1. Cash Or Down Payment S
2. New Or Existing Mortgages S
3. Any Other Consideration S
4. Total Consideration Paid Or To Be Paid S
5. If taxable consideration is S 1 00 or less or if the transaction is exempt,
please explain briefly.
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I hereby certify that this return has been examined by me and to the best of mv knowled.e and belief is a true ,"d
complete return. . - .
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Signature of m~~r Agent, Carol !-~. Bast, ~ h~a'~ ~
9/28/87
Date
I
To be completed by the Clerk of the Circuit Court'S Office.
~------------------------------------------------------------
File Number or O.R. Book Page or
Clerk's Date Stamp Date Recorded
=
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A TT ACHMENT NO. 2
TuSCAWILLA
COUNTRY CLUB
September 5, 2007
Ronald McLemore
City Manager
1126 East State Road 434
Winter Springs, FL 32708-2799
REFERENCE:
Effiuent Water Agreement Extension
Dear Mr. Ronald McLemore:
During the past few months, Kip Lockcuff and I have had numerous conversations
regarding the renewal of Tuscawilla Country Club's effiuent water agreement. Due to
the complexity of the issues with the city and the Club, we are still in the process of
developing a mutually beneficial agreement. During a meeting with the ownership last
month, City Attorney Anthony Garganese agreed that the club should file for a one year
extension of our current agreement. The extension will also better assist the city while
they conduct additional rate analysis and finalize plans to increase access to more water.
This will also allow the city and Tuscawilla Country Club to compile the needed data to
develop a sound and fair water agreement.
The current agreement expires on September 28, 2007. Please notify me directly how we
can formalize the one year extension to our water agreement. Thank you in advance for
the consideration and response.
~
Michael D. Gard~
General Manager
Tuscawilla Country Club
Cc: Kip Lockcuff, UtilitylPublic Works Director
1500 Winter Springs Boulevard. Winter Springs, FL 32708. 407.366.1851 . Fax 407.365.1309. www.tuscawillacc.com
A TT ACHMENT NO. 3
CITY OF WINTER SPRINGS, FLORIDA
1126 EAST STATE ROAD 434
WINTER SPRINGS, FLORIDA 32708-2799
Telephone (407) 327-1800
Ronald W. McLemore
City Manager
September 13,2007
Tuscawilla Country Club
1500 Winter Springs Boulevard
Winter Springs, FL 32708
ATTENTION:
Michael D. Gardner
General Manager
REFERENCE:
Effluent Disposal Easement Agreement Extension
Dear Mr. Gardner:
Thank you for your letter of September 5, 2007 requesting a one year extension of the Effluent
Disposal Easement Agreement. As you are aware, the City previously sent formal notice on
September 16, 2002 of our intent to terminate this agreement upon expiration on September 28,
2007.
Based on our discussions, staff is preparing an agenda item for consideration at the September
24th City Commission meeting recommending a six month period in which the City will provide
the Golf Course reclaimed water at no charge. In exchange for the extension, golf course would
agree to allow the City to use the well water to augment the reclaimed water at no cost.
The time frame will allow the City to complete a rate study which would determine the
reclaimed water rates necessary to support the development and expansion of the augmentation
to the reclaimed water system. If the rate study was not complete in a timely manner, staff
would support an additional six month extension.
All other obligations of the City in the agreement will expire and will not be recommended for
extension. They include, but are not limited to:
. Maintenance and repairs to the pumps, valves, controls and all related
appurtenances needed to operate the golf course irrigation system are the
responsibility of the golf course
. Electric bills for the irrigation pump station are the responsibility of the golf course
City staff will assist golf course personnel in fulfilling the Consumptive Use Permit reporting
requirements. Please note the CUP expires on October 6, 2009. We look forward to working
with you to develop a mutually beneficial agreement.
If you have any questions or would like to discuss the extension parameters, please feel free to
contact me.
S incerel y,
/~.~~
Ronald W. McLemore
City Manager
Cc: City Attorney
Utility/Public Works Director V