HomeMy WebLinkAboutSt. Johns River Water Management District - Access Easement Agreement for Conservation area and pond 2012 04 06 THIS INSTRUMENT WAS PREPARED BY
AND SHOULD BE RETURNED TO:
George L. Hayes III, Esquire
The Hayes Law Group, P.A.
4701 Central Ave
St Petersburg, FL 33713
(727) 381 -9026
ACCESS EASEMENT AGREEMENT
FOR CONSERVATION AREA AND POND
THIS ACCESS EASEMENT AGREEMENT FOR CONSERVATION AREA AND
POND (the "Agreement "), made this day of March, 2012, by and between WINTER
SPRINGS GOLF, LLC, a Florida limited liability company, whose mailing address is c/o RDC
Golf Group, Inc., 375 Forsgate Drive, Monroe Township, New Jersey 08831 (together
"Grantor "), and ST. JOHNS RIVER WATER MANAGEMENT DISTRICT, a public body
existing under Chapter 373, Florida Statutes, whose mailing address is 4049 Reid Street, Palatka,
Florida 32177, (the "District "), the CITY OF WINTER SPRINGS, a Florida municipal
corporation, whose mailing address is 1126 East S.R. 434, Winter Springs, Florida 32708 (the
"City ") and TGD ORLANDO, LLC, a Florida limited liability company, whose mailing address
is 450 N. Wymore Rd., Winter Park, FL 32789 ( "TGD "); (the District, the City and TGD are
hereinafter sometimes collectively referred to as "Grantee ").
WITNESSETH:
WHEREAS, Grantor is the owner of certain real property located in Seminole County,
Florida commonly known as "Tuscawilla Country Club" and the golf course associated
therewith; and
WHEREAS, TGD is the owner of a former portion of the Tuscawilla Country Club
property; upon which TGD intends to develop as a residential project (the "TGD Property "); and
WHEREAS, Grantor granted to the District and the City that certain Conservation
Easement dated September 15, 2011 and recorded on September 16, 2011 in Official Records
Book 7633, Page 53, of the Public Records of Seminole County, Florida, which was amended by
that certain Corrective Conservation Easement dated September 15, 2011 and recorded on
September 16, 2011 in Official Records Book 07633, Page 0046, of the Public Records of
e Seminole County, Florida, (the "Conservation Easement "), which encumbers certain lands
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owned by Grantor and more particularly described in the Conservation Easement (the
"Conservation Easement Area "); and
WHEREAS, Grantor granted to WINTER SPRINGS INVESTMENTS, LLC., TGD's
predecessor in interest, that certain Drainage Easement Agreement dated March 26, 2009 and
recorded in Official Records Book 07160, Pages 172 -182, of the Public Records of Seminole
County, Florida (the "Original Drainage Easement "), which Original Drainage Easement was
terminated by mutual consent pursuant to that certain Agreement Terminating Prior Drainage
Easement Agreement and Granting a New and Substitute Drainage Easement Agreement dated
January 25,2012 and recorded in Official Records Book 07714, Pages 310 -318 of the Public
Records of Seminole County, Florida (the "Termination and Grant of Replacement Agreement ");
which also granted a replacement easement to TGD for the drainage of storm water into a pond
located on the Tuscawilla Country Club property as more particularly described in the Drainage
Easement (the "Pond ");and
WHEREAS, TGD has the right and obligation to maintain and repair the Pond in the
event the same is otherwise not maintained by Grantor; and
WHEREAS, the District and the City have the right to enter upon and inspect the
Conservation Easement Area and the Pond in a reasonable manner and at reasonable times to
determine if Grantor or its successors and assigns is complying with the terms and conditions of
the Conservation Easement and the Drainage Easement; and
WHEREAS, the upland portions of the Conservation Easement Area and the Pond do
not abut a public right -of -way, and Grantor now desires to grant to Grantee an easement to
provide Grantee with access to the Conservation Easement Area and Pond;
NOW THEREFORE, for and in consideration of the premises hereof, of the mutual
covenants and benefits provided herein and in the Conservation Easement and for other good and
valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties
hereby agree as follows:
1. Grant of Easement. Grantor hereby grants and conveys to and in favor of Grantee,
and their respective successors and assigns, a perpetual, non - exclusive easement for pedestrian
and vehicular ingress, egress and access over, upon and across the lands owed by Grantor and
described in Composite Exhibit "A" attached hereto and made a part hereof (the "Easement
Areas ").
2. Relocation of Easement Area. Grantor shall have the right from time to time to
relocate the Easement Areas so long as the Easement Areas provide Grantee with continuous,
unimpaired access to the Conservation Easement Area of substantially the same size and quality
as existed prior to such relocation, except to the extent that circumstances require an easement
area of lesser (but nonetheless adequate) size and/or quality. In the event of any such relocation,
Grantor shall provide Grantee with a draft of any proposed amendment to this Agreement,
including a metes and bounds legal description and sketch of description of the proposed
relocation area, for review and approval by Grantee, which shall not be unreasonably withheld.
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The rights of Grantee shall automatically extend and fully apply to such relocated Easement
Area(s) to the same extent as it applied prior to such relocation of the Easement Area(s).
3. No Public Dedication. The easements set forth in this Agreement shall be for the
benefit and use of Grantee, and its agents, employees, contractors and consultants, and nothing
contained in this instrument shall create or shall be deemed to create any easements or use rights
in the general public or constitute a public dedication for any public use whatsoever.
4. Use of Easement Area. Grantee's use of the easements granted herein shall at all
times be in compliance with all Federal, State and local laws, regulations, ordinances and
statutes, and shall no event unreasonably interfere with Grantor's use and operation of its golf
course. The District, the City and TGD, as applicable, each agree to promptly repair any damage
to the Easement Areas caused by such party's exercise of the easement rights granted herein. It is
acknowledged and agreed that the easement granted under this instrument is not an exclusive
easement and that Grantor shall have the right to use and enjoy the Easement Areas in any
manner not inconsistent with the easement rights created herein.
5. Liability and Insurance. Each party is responsible for all personal injury and
property damage attributable to the negligent acts or omissions of that party, its officers,
employees and agents. Nothing contained herein shall be construed or interpreted as denying to
any party any remedy or defense available under the laws of the state of Florida, nor as a waiver
of sovereign immunity of the state of Florida beyond the waiver provided for in section 768.28
Fla. Stat., as amended. Each party shall acquire and maintain throughout the term of this
Agreement such liability, workers' compensation, and automobile insurance as is require by their
current rules and regulations.
6. Applicable Law. This Agreement shall be governed and construed in accordance with
the laws of the State of Florida.
7. Binding Effect. The terms and provisions of this instrument shall constitute covenants
running with the title to the Easement Areas and the TGD Property and shall be binding upon
and inure to the benefit of Grantor and Grantee and their respective successors and assigns,
including any condominium association or homeowners association formed to govern,
administer and operate the TGD Property.
[REMAINDER OF PAGE INTENTIONALLY LEFT BLANK;
SIGNATURES APPEAR ON FOLLOWING PAGE]
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IN WITNESS WHEREOF, Grantor and Grantee have executed this Agreement in
manner and form sufficient to bind them as of the day and year first above written.
Signed s-aled and delivered in the "GRANTOR"
esence s : e follo ing witn- : es:
WINTER SPRINGS GOLF, LLC, a Florida limited
liability company (as to Parcel II)
j f /`ttne s
�h id BY: REACT GOLF, LLC, a Florida limited liability
. nted Name of Witness comp, y, i anager
Signature of Witness B
Christopher R. Schiavone, Manager
Printed Name of Witness
STATE OF , + -
COUNTY OF ('-t i Act Lo_art)_
The foregoing instrument was acknowledged before me this d(1) day of -ek 2012,
by Christopher R. Schiavone, Manager of React Golf, LLC, a Florida limited liability company, the
Manager of WINTER SPRINGS GOLF, LLC, a lorida limited liability coippany, on behalf of said
company. He is personally known t• me ar produced \■.).S as
identification.
et
(NOTARY SEAL)
(No . Public Signature)
LEMIA MARINELLI
NOTARY PUBLIC OF NEW JERSEY _ .
Commission Expires 4/25/201,
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ATTEST: "DISTRICT"
By: ST. JOHNS RIVER WATER MANAGEMENT
, Secretary DISTRICT, a public body existing under Chapter
373, Florida Statutes
By:
Printed Name:
Title: Governing Board Chairman
[SEAL OF GOVERNING BODY]
STATE OF
COUNTY OF
The foregoing instrument was acknowledged before me this day of
, 2012, by , as Governing Board Chairman of ST. JOHNS
RIVER WATER MANAGEMENT DISTRICT, a public body existing under Chapter 373,
Florida Statutes, on behalf of said body. He is personally known to me or produced
as identification.
(NOTARY SEAL)
(Notary Public Signature)
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CITY OF WINTER SPRINGS
By: G i
Ch es La "e Mayor
ATTES
B : ,
.o-
• • ' o ; nzo- Luaces, City Clerk
APPROVED AS TO FORM AND LEGALITY
For the use and reliance of the City of Winter Springs,
Florida only.
CITY SEAL Date:
j o k
By:
Anthony arganese, City Attorney for the
City of Winter Springs, Florida
STATE OF FLORIDA
COUNTY OF SEMINOLE
Personally appeared before me, the undersigned authority, Mayor Charles Laced Andrea
Lorenzo- Luaces, well known to me to be the Mayor and City Clerk respectively, of the City
of Winter Springs, Florida, and acknowledged before me that they executed the foregoing
instrument on behalf of the City of Winter Springs, as its true act and deed, and that they
were duly authorized to do so.
Witness my hand and official seal this k day of , 2012.
(NOTARY SEAL) Notary Publ „/■ . _t •,
My co ssio expires: 3 /1.7.2 i .
#' Notary Pudic State of Florida —
Joan L Brown 8 a I My Commission EE 170790
Expires 03/18/2016
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Signed, sealed and delivered in the "TGD"
presence of the following witnesses:
TGD ORLANDO, LLC, a Florida limited liability
company
a
Signature of W' ess I II)
`n - r(ktC�iOnl0.l1 B `
Printed Name of Witness
Daniel S. Thall, as Vice President
il it i
.
e of Witness A zi 4r 1,
Pri , • d Name of Witness
STATE OF FLORIDA
COUNTY OF -=:•-•(
The foregoing instrument was acknowledged before me this cglay of MactL, 2012, by
Daniel S. Thall, as `wee- President of TGD ORLANDO, LLC, a Florida limited liability
company. -Ie is personally known to ms or has produced as
identification.
(NOTARY SEAL) •
Notary Public Signature
` �j , DAWN BACHAN- MUCKUNLALL
•: •" MY COMMISSION # DD957868
=.,c EXPIRES February 12, 2014
407 3 96.0152 FlondaNOtaryService.com
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