HomeMy WebLinkAboutWinter Springs Golf, LLC - Agreement Terminating Prior Drainage Easement Agreement and Granting a New and Substitute Drainage Easement - 2012 02 08 - Tuscawilla Greens •
THIS INSTRUMENT WAS PREPARED BY
AND TO BE RETURNED TO:
George L. Hayes III, Esquire
The Hayes Law Group, P.A.
4701 Central Avenue, Suite A
St. Petersburg, FL 33713
AGREEMENT TERMINATING PRIOR DRAINAGE EASEMENT AGREEMENT AND
GRANTING A NEW AND SUBSTITUTE DRAINAGE EASEMENT
THIS AGREEMENT (the "Agreement') is made and executed as of this day of
January, 2012, by and between WINTER SPRINGS GOLF, LLC, a Florida limited liability
company (together "Grantor "), whose address is 375 Forsgate Drive, Monroe Township, new
Jersey 08831, and TGD ORLANDO, LLC, a Florida limited liability company
( "TGD "), whose address is 450 North Wymore Rd, Winter Park, Florida 32789.
WITNESSETH:
WHEREAS, TGD is the record owner of fee simple title to that certain real property
located in Seminole County, Florida, more particularly described on Exhibit "A" attached hereto
and incorporated hereof by this reference (the ` Property "). Grantor previously conveyed
to Winter Springs Investments, LLC (WSI), a Florida Limited liability Company and
Developer's predecessor in interest, certain real property located in Seminole County,
Florida as more particularly described on Exhibit "A" attached hereto (the "TGD
Property "). As part of that conveyance, Grantor made, executed and delivered in favor of
TGD, that certain Drainage Easement Agreement dated March 26, 2009 and recorded in
Official records Book 07160, pages 0172- 182 of the public records of Seminole County,
Florida (the "Original Easement "). Subsequent to the recordation of the Original
Easement TGD acquired title to the TGD Property by virtue of a mortgage foreclosure
action, and is now the record owner of fee simple title to the TGD Property; and
WHEREAS, Grantor is the record owner of fee simple title to that certain area of real
property located in Seminole County, Florida, more particularly described and depicted on
Exhibit `B ", attached hereto and incorporated hereof by this reference (the "Easement Area ");
and
WHEREAS, the Original Easement contained an erroneous legal description and
neglected to include certain provisions, and Grantor and TGD, as the original parties or the
successors in interest to the original parties to the Original Easement, desire to terminate the
Original Easement and to enter into this easement Agreement instead; and
WHEREAS, TGD intends to develop a portion of the TGD Property as a single - family
townhouse project to be known as "The Greens at Tuscawilla "; and
WHEREAS, a portion of the surface stormwater runoff from the TGD Property is to be
discharged or transmitted into the Easement Area; and
o �
WHEREAS, in connection therewith, the Easement Area will be improved by the
construction and installation of various drainage facilities and related improvements, as a result of
which Grantor desires to create a perpetual, non - exclusive drainage easement over, upon and
across the Easement Area in favor of the TGD Property.
NOW, THEREFORE, for and in consideration of the premises hereof and other good
and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the
parties hereto hereby covenant, stipulate and declare as follows:
1. Recitals. The recitals set forth above are true and correct and incorporated
herein by this reference.
2. Termination of Original Easement. The parties do hereby terminate, cancel
and discharge, effective as of the recordation of this Agreement, the Original Easement and state
their express intent that it have no further validity, force or effect and that it be cancelled of
record.
3. Grant of Drainage Easement. Grantor hereby grants, creates and establishes a
non - exclusive, perpetual easement over, upon and across the Easement Area in favor of TGD,
and its successors and assigns, for purposes of installing drainage facilities and related
improvements (the "Drainage Facilities ") necessary for the transmission, retention and detention
of surface stormwater runoff from the TGD Property (the "Permitted Use "), including, without
limitation, the right to construct, install, use, maintain, repair and operate all Drainage Facilities
within the Easement Area which are necessary to facilitate the Permitted Use, together with the
right of ingress and egress over and through the Easement Area as may be reasonably necessary
to exercise the easement rights granted herein.
4. Construction of Drainage Facilities. TGD, or its predecessor in title, shall, at
TGD's sole cost and expense, obtain all necessary governmental permits and approvals required
for the construction, installation and operation of the Drainage Facilities, and thereafter construct
and install the Drainage Facilities in a good and workmanlike manner, free of all liens and in
accordance with all applicable governmental requirements. Prior to commencement of
construction, TGD shall deliver to Grantor the following: (i) evidence that TGD has obtained the
necessary permits and approvals for construction of the Drainage Facilities; and (ii) the plans and
specifications for construction of the Drainage Facilities for Grantor's reasonable written
approval. TGD hereby covenants that it will diligently pursue the completion of the Drainage
Facilities once the same has commenced.
5. Maintenance of Drainage Facilities. After completion of TGD's construction
activities, TGD shall be responsible for operating, maintaining and repairing the Drainage
Facilities and the Easement Area in a good and workmanlike manner, free of all liens and in
accordance with the rules and regulations of all applicable governmental authorities; provided,
however, Grantor shall be responsible for mowing the grass and maintaining and replacing any
landscaping located within the Easement Area. Grantor shall have the right, upon 30 -day prior
written notice to TGD (except in the event of an emergency), to enter upon, maintain and repair
the Drainage Facilities and the Easement Area in the event that Grantee fails to do so in
accordance with the terms hereof. All costs or expenses incurred by the Grantor in so maintain
and repairing Drainage Facilities and the Easement Area in the event that Grantee fails to do,
shall be reimbursed to Grantor by Grantee within sixty days notice accompanied by invoices
showing the amounts incurred by Grantor.
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6. Expansion of Easement Area and Drainage Facilities. TGD agrees that in the
event Grantor, in its sole and absolute discretion, elects to expand the Easement Area in order to
serve the development of the real property owned by Grantor, then Grantor and TGD, at
Grantor's request, will execute and record an amendment of this Agreement which expands (and
re- describes) the Easement Area to include such other portion of Grantor' s real property as
Grantor reasonably determines will facilitate Grantor's development objectives and which TGD
reasonably determines will accommodate its Drainage Facilities. In such event, Grantor will
expand such Drainage Facilities to the new Easement Area at Grantor's sole cost and expense, in
a good and workmanlike manner, free of all liens and in accordance with all applicable
governmental requirements. In no event shall Grantor's expansion of the Easement Area or
Drainage Facilities either reduce or impair in any material respect the ability of the Easement
Area and Drainage Facilities, before, during or after the relocation, to accommodate the
stormwater runoff from TGD's Property.
7. Hazardous Substances. TGD shall not allow any hazardous substances or
environmental pollutants or contaminants to be discharged into the Easement Area in violation of
applicable laws.
8. Incidental Rights. The easements hereby created, granted and conveyed include
the creation of all incidental rights reasonably necessary for the use and enjoyment of the
easements herein created for their intended purposes, including, specifically, the right of entry for
purposes of maintenance, operation, repair and construction of any Drainage Facilities now or
hereafter located within the Easement Area.
9. Third Party Beneficiaries/Enforcement. The St. Johns River Water
Management District (the "District ") and the City of Winter Springs, Florida (the "City ") shall be
third party beneficiaries under this Agreement with the right to enter upon and inspect the
Easement Area and the Drainage Facilities in a reasonable manner and at reasonable times to
confirm compliance with the terms and conditions of this Agreement and, in the event of an
emergency, to perform such repair and maintenance activities as either party may deem necessary
and appropriate in its reasonable discretion. The District and the City shall each have the right
independently, to enforce by a proceeding at law or in equity, the provisions contained in this
Agreement which relate to maintenance and repair of the Easement Area and the Drainage
Facilities. In that event, in addition to the indemnification set forth in Paragraph 10 below, the
Grantee shall indemnify the Grantor against any claim for costs and fees incurred by either the
District or the City in the event that either seek to enforce the provisions contained in this
Agreement which relate to maintenance and repair of the Easement Area and the Drainage
Facilities.
10. Indemnity. TGD shall indemnify and hold Grantor harmless from and against
any and all losses, costs, claims, expenses and damages, including, but not limited to, reasonable
attorney fees and expenses (at both trial and appellate levels), arising out of or in anyway
connected with the use by TGD, the District or the City of the easement herein granted by
Grantor and including, but not limited to, injury to persons and damage on or to the Easement
Area or to structures, improvements or property located on, in, above or under the Easement
Area, except to the extent that such losses, costs, claims or damages are due to the negligence or
willful misconduct of Grantor, its agents, contractors or employees. This paragraph shall survive
the termination of this Agreement.
11. No Liens; Compliance with Laws. TGD shall be responsible to Grantor to
make the payments required to all third parties performing (or providing services or materials for)
3
any construction or maintenance on the Easement Area in conformity with the requirements of
the construction lien laws of the State of Florida, so that the Easement Area remains free of
mechanics liens or any similar claim arising in equity. If a mechanics lien is filed of record, or an
equitable lien is asserted, by any lienor (or claimant) claiming by or through TGD against the
Easement Area, TGD shall cause such lien to be released or shall bond off the lien or liens within
thirty (30) days of the date the lien is recorded in the Public Records of Seminole County,
Florida, and shall assume and pay all costs associated with the same to ensure that the title of the
Easement Area is preserved without such lien or claim.
In the performance of its obligations hereunder, TGD shall comply with all
applicable laws, ordinances, rules, regulations, standards, requirements and order of any agency
or organization having jurisdiction for the health, safety or well -being of persons or property or to
protect them from damage, injury or loss. Each party will use commercially reasonable efforts to
ensure that its contractors, agents, employees, consultants and other representatives erect and
maintain, as required by the nature of the task, all necessary facilities and safeguards for the
health, safety and protection to prevent damage, injury or loss.
12. No Public Rights. Nothing herein shall create or be construed to create any
rights in and/or for the benefit of the general public in or to the Drainage Facilities, Easement
Area or the easements created herein.
13. Successors and Assigns. The easements contained herein shall run with the title
to and be appurtenant to the TGD Property and shall run with the title to and burden the Easement
Area forever, and shall be binding upon, inure to the benefit of and be enforceable by the parties
hereto and their successors, successors -in -title and assigns, including any condominium
association or homeowners association formed to govern, administer and operate the TGD
Property.
14. Remedies. In the event any party fails to perform any of the covenants and
agreements set forth in this Agreement on its part to be performed within the time or times
specified herein, the offended party shall be entitled to enforce its rights hereunder by any remedy
available at law or in equity (including, without limitation, specific performance and injunctive
relief). In the event any party to this Agreement brings an action to enforce the terms of this
Agreement, the prevailing party shall be entitled to recover from the non - prevailing party all costs
and reasonable attorneys' fees and paralegals' fees incurred at all pre -trial, trial and appellate
levels.
15. Governing Law. This Agreement shall be governed by and construed in
accordance with the laws of the State of Florida.
16. City Consent for Modification or Termination. For purposes of protecting the
City of Winter Springs' third party beneficiary status granted under paragraph 9 hereunder, the
parties agree that modification or termination of this Agreement shall require prior consent of the
City of Winter Spring in the form of a written joinder suitable for recording in the official public
land records of Seminole County, Florida.
IN WITNESS WHEREOF, each of the parties have caused this Agreement to be
executed in manner and form sufficient to bind them, as of the date executed by them as noted
below.
WITNESS OR ATTEST: Winter Springs Golf, LLC, a Florida
4
O � l.�t,l�et J�rtn�s�C�t-, LL�C
w i �e`$
limi .. liabili ompany
:ignaturef Witness B
, i co, t St rQ .vs ,t7 i .
Print Name of Witness
1/
Signanp of i ess y
�1J� >7a (Uti)
Print Name of Witness
STATE OFF
COUNTY OF N<NAL61�U.�� --
The foregoing instrument was acknowledged before me this day of January,
2012, by r o ■00-e- , on behalf o said
Company, and who is personally known to me or who has produced . J •
as identification.
My commission expires:
ign. a of Notary Public
Print Name of Notary Public
(NOTARY SEAL)
LEMIA MARINELU
NOTARY PUBLIC OF NEW JERSEY
Commission Expires 4/25/2013
5 I
WITNESS OR ATTEST: TGD ORLANDO, LLC, a
Sh cifki i A t j� Florida i ' ed liability company
Signs f Witness 1 7 e is /
Prin 'ate of Witness `'�--„ As: 7p�� /�E7,rl ---
;: of �Til" ess
� r . use I
Print Name of Witness
STATE OF FLORIDA
COUNTY OF ` - �C1(\ l+3f'°} E
The foregoing instrument was acknowledged fore me this day of January,
2012, by ��, i S - `Trsp i as Vr ,j , on behalf of said
Company, and trho is personallvlsnwn_to mjor who has produced
as identification.
kik 011 -... My commission expires: ■ !i�3eaWCr
Signature q otary Public
Print Name of Notary Public
(NOTARY SEAL)
� A
�R DAWN BACHAN_MUCKUNLALL
y�
MY COMMISSION # DD957868
A February 12, 2014
(407) 398.0153 FlortdallotaryServlce.corrt
The CITY OF WINTER SPRINGS hereby acknowledges and accepts third party
beneficiary status pursuant to Paragraph 8 of this Agreement:
7 z, #
Kevin L. Smith, ity Manager
Aitest:
ii', ' .1.4.. 1 _/ i ,
4 A Lorenzo - Luaces, City Clerk
/
STATE OF FLORIDA
COUNTY OF SEMINOLE
Pet The foregoing instrument was acknowledged before me this 3 day of J y r y
2012, by Kevin L. Smith as the City Manager and by Andrea Lorenzo - Luaces as the City
Clerk of and on behalf of the City of Winter Springs, and who are personally known to me or
who have produced as identification.
My commission expires: Apra I ,1$t zoi Cp�� , �I L yL•�
Signature of Not Public
ex', Public State of Florida ('.a. rof A. b i 2 /Ia t / n
f- Carol A Lallathin Print Name of Notary Public
(NOTARY SEA ia A My Commission EE 0638$4
Op u d" Expires 04/28/2 01 5
7 o
DESCRIPTION:
A PORTION OF THE EAST PART OF PHILIP R. YONGE GRANT, SOUTH PART, AS RECORDED IN PLAT BOOK 1,
PAGE 38, OF THE PUBLIC RECORDS OF SEMINOLE COUNTY, FLORIDA. LYING IN SECTION 7, TOWNSHIP 21
SOUTH, RANGE 31 EAST, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCE AT THE SOUTHEAST CORNER OF TRACT "A ", FOX GLEN AT CHELSEA PARC, TUSCAWILLA AS
RECORDED IN PLAT BOOK 49, PAGES 79 THROUGH 82 IN THE PUBLIC RECORDS OF SEMINOLE COUNTY,
FLORIDA; THENCE ALONG THE SOUTH LINE OF SAID TRACT "A" NORTH 6511'45" WEST, A DISTANCE OF 70.09
FEET; THENCE DEPA -R -TANG -THE -SOUTH LINE - NORTH -8- 1'01'08'= 1NEST, -A DISTANCE OF---530,18 FEET TO THE-
POINT OF BEGINNING; THENCE SOUTH 3514'58" WEST, A DISTANCE OF 47.57 FEET TO A POINT OF
CURVATURE OF A CURVE CONCAVE EASTERLY HAVING A RADIUS OF 16.00 FEET, A CENTRAL ANGLE OF
38'50'26" AND A CHORD DISTANCE OF 10.64 FEET WHICH BEARS SOUTH 15'49'45" WEST; THENCE SOUTHERLY
ALONG THE ARC OF SAID CURVE A DISTANCE OF 10.85 FEET TO A POINT OF CURVATURE OF A
NON- TANGENT CURVE CONCAVE WESTERLY HAVING A RADIUS OF 41.17 FEET, A CENTRAL ANGLE OF 45'25'45"
AND A CHORD DISTANCE OF 31.79 FEET WHICH BEARS SOUTH 1710'16" WEST; THENCE SOUTHERLY ALONG
THE ARC OF SAID CURVE A DISTANCE OF 32.64 FEET; THENCE SOUTH 39'55'50" WEST, A DISTANCE OF 97.42
FEET; THENCE SOUTH 34'23'39" WEST, A DISTANCE OF 36.92 FEET; THENCE SOUTH 34'05'41" WEST, A
DISTANCE OF 39.77 FEET; THENCE SOUTH 16'50'27" WEST, A DISTANCE OF 31.16 FEET TO A POINT OF
CURVATURE OF A NON- TANGENT CURVE CONCAVE WESTERLY HAVING A RADIUS OF 17.00 FEET, A CENTRAL
ANGLE OF 4118'56" AND A CHORD DISTANCE OF 11.99 FEET WHICH BEARS SOUTH 37'06'59" WEST; THENCE
SOUTHWESTERLY ALONG THE ARC OF SAID CURVE A DISTANCE OF 12.26 FEET; THENCE SOUTH 57'46'27"
WEST, A DISTANCE OF 120.51 FEET TO A POINT OF CURVATURE OF A CURVE CONCAVE NORTHEASTERLY
HAVING A RADIUS OF 41.00 FEET, A CENTRAL ANGLE OF 126'41'00" AND A CHORD DISTANCE OF 73.28 FEET
WHICH BEARS NORTH 58'53'03" WEST; THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE A DISTANCE
OF 90.65 FEET TO A POINT OF CURVATURE OF A NON- TANGENT CURVE CONCAVE WESTERLY HAVING A
RADIUS OF 82.29 FEET, A CENTRAL ANGLE OF 16'49'30" AND A CHORD DISTANCE OF 24.08 FEET WHICH
BEARS NORTH 0117'53" EAST; THENCE NORTHERLY ALONG THE ARC OF SAID CURVE A DISTANCE OF 24.16
FEET; THENCE NORTH 12'22'03" WEST, A DISTANCE OF 81.15 FEET TO A POINT OF CURVATURE OF A CURVE
CONCAVE SOUTHEASTERLY HAVING A RADIUS OF 41.00 FEET, A CENTRAL ANGLE OF 101'31'56" AND A CHORD
DISTANCE OF 63.51 FEET WHICH BEARS NORTH 3823'55" EAST; THENCE NORTHEASTERLY ALONG THE ARC OF
SAID CURVE A DISTANCE OF 72.65 FEET; THENCE NORTH 8912'48" EAST, A DISTANCE OF 79.32 FEET;
THENCE NORTH 50'14'13" EAST, A DISTANCE OF 26.74 FEET; THENCE NORTH 2312'13" EAST, A DISTANCE OF
108.41 FEET; THENCE NORTH 90'00'00" EAST, A DISTANCE OF 104.34 FEET; THENCE NORTH 45'00'00" EAST,
A DISTANCE OF 16.87 FEET; THENCE NORTH 89'24'05" EAST, A DISTANCE OF 44.92 FEET TO THE POINT OF
BEGINNING.
CONTAINING 1.18 ACRES (51,598 SQUARE FEET), MORE OR LESS.
In accordance with CH -5J -17
of the Florida Administrative Code,
this Description and Sketch of Description
bears the notation:
THIS IS NOT A SURVEY. SHEET 1 OF 2
SEE SHEET 2 OF 2 FOR SKETCH
THE BEARINGS SHOWN HEREON ARE BASED ON THE SOUTH 1. THE SURVEYOR HAS NOT ABSTRACTED THE
LINE OF TRACT "A ", HAVING A BEARING OF N6511'45 "E, PER LAND SHOWN HEREON FOR EASEMENTS, RIGHT
PLAT OF FOXGLEN AT CHELSEA PARC, TUSCAWILLA, OF WAY, RESTRICTIONS OF RECORD WHICH MAY
PLAT BOOK 49, PAGES 78 -82. AFFECT THE TITLE OR USE OF THE LAND
SKETCH OF DESCRIPTION
2. NO IMPROVEMENTS HAVE BEEN LOCATED.
3. NOT VALID WITHOUT THE SIGNATURE AND
OF THE ORIGINAL RAISED SEAL OF A FLORIDA
PROPOSED RETENTION POND EASEMENT LICENSED SURVEYOR AND MAPPER.
TUSCAWILLA COUNTRY CLUB 4. THIS DOCUMENT CONSISTS OF 2 PAGES NOT
FULL OR COMPLETE WITHOUT ALL.
SEMINOLE COUNTY, FLORIDA SECTION 7 -21 -31 AMERICAN
DATE: 10 -19 -11 REVISED:
SCALE: N/A S U RV EY 1 N G
APPROVED BY: DMD OG MAPPING INC.
CERTIFICATION OF AUTHORIZATION NUMBER LB #6393 /�
DRAWN BY: GHF 1030 N. ORLANDO AVE, SUITE B i
JOB- 7070901 PLA WINTER PARK FLORIDA 32789 A M.- . FILIP P o PSM.. 5038
WWW. AMERICANSURVEYINGANDMAPPING.COM / "
BNDY.dwg (407) 426 -7979 DATE: � G ZO 1
--------SKETCH----OF - -- DESCRIPTION: - --
PROPOSED RETENTION POND EASEMENT
TUSCAWILLA COUNTRY CLUB
PROPOSED
GREENS AT TUSCAWILLA
FOX GLEN AT CHELSEA
PARC, TUSCAWILLA
POINT OF BEGINNING (PLAT BOOK 49,
1 PLAT OUNQARY L15 PAGES 78 -82)
L13 \bi - > . . T RACT "A"
GRAPH I 60'
CALE � / , C, _ �� L
0 30' 60' A / C )1 OT 59
P.O.C.
Cl SE CORNER
OF TRACT "A"
N65'11'45 "W 70.09'
4P11111141N1 C2
fq fMF NT� --- / \1\
/
V L10 \ 0c CREEK
\ LINE TABLE
C6 LINE BEARING LENGTH
L1 L2 N81'01'08 "W 530.18'
L3 S35'14'S8 "W 47.57'
L4 539'55'50 "W 97.42' ../ l'•-•
\ L5 S34'23'39 "W 36.92'
■ L S34'05'41 "W 39.77'
L S16'50'27 "W 31.16'
L8 S57'46'27 "W 120.51'
L9 N12'22'03 "W 81.15'
N L10 N8912'48 "E 79.32'
r L11 N5014'13 "E 26.74'
L12 N2392'13 "E 108.41'
^ L13 N90'00'00 "E 104.34'
v L14 N45'00'00 "E 16.87'
L15 N89'24'05 "E 44.92'
C3 CURVE TABLE
C5 CURVE RADIUS LENGTH CENTRAL ANGLE CHORD BEARING CHORD
C1 16.00' 10.85' 38'50'26" S15'49'45 "W 10.64'
C2 41.17' 32.64' 45'25'45" S17'10'16 "W 31.79'
C3 17.00' 12.26' 41'18'56" S3T06'59 "W 11.99'
C4 41.00' 90.65' 126'41'00" N58'53'03 "W 73.28'
C5 82.29' 24.16' 16'49'30" N0117'53 "E 24.08'
C6 41.00' 72.65' 101'31'56" N38'23'55 "E 63.51'
C4
SHEET 2 OF 2
SEE SHEET 1 OF 2 FOR DESCRIPTION AMERICAN
DATE: 12 -9 -11 REVISED:
LEGEND: SCALE: 1" = 60' U RV EY I N G
P.O.C. POINT OF COMMENCEMENT APPROVED BY: DMD $c M APPING INC.
CENTERLINE GHF CERTIFICATION OF AUTHORIZATION NUMBER LB#6393
DRAWN BY: 1030 N, ORLANDO AVE, SUITE B
- 7070901 PLAT - - _ ___ WINTER PARK, FLORIDA 32789 JOB NO. BNDY.dwg WWW.AMERICANSURVEYINC NDMAPPING.COM