HomeMy WebLinkAboutMorgran Greens, LLC (The Greens at Tuscawilla Agreement) Emergency Access Easement Agreement - 2011 09 15BROWN, GARGANESE, WEISS & UAGRESTA, P.A.
Attorneys at Law
111 N. Orange Ave., Suite 2000
P.O. Box 2873
Orlando, Florida 32802 -2873
Phone (407) 425 -9566
Fax (407) 425 -9596
RL
NOV 18 2011
CITY OF WINTER SPRINGS
OFFICE OF THE CITY CLERK
November 17, 2011
Andrea Lorenzo - Luaces, City Clerk
City of Winter Springs
1126 East State Road 434
Winter Springs, FL 32708
Re: Emergency Access Easement Agreement
Dear Andrea:
Anthony A. Garganese
Board Certified City. County 6 Local
Government Law
agargan- a (gorlandolaw net
Enclosed for safekeeping is the original recorded Emergency Access Easement
Agreement between Winter Springs Golf, LLC, Morgran Greens, LLC and the City of
Winter Springs. Should you have any questions regarding this matter, please do not
hesitate to call.
Since
f ,
Anthony A. Garganese
City Attorney
FL. i,auaeraale M4) b/U -19/9 • Ktssunmee (321) 402 -0144 • Cocoa (866) 425 -9566
Website: www.orlandolaw.net • Email: firm @orlandolaw.net
A . , %.4 i
THIS INSTRUMENT WAS PREPARED BY
A.�TLI_PS.Tl�ZTT T iZ L' T� L'TTTD A TT�_T /�
II1D pIIp pflfl 'DL�DT4IYS �'L'�J
George L. Hayes III, Esquire
The Hayes Law Group, P.A.
4701 Central Ave
St Petersburg, FL 33713
(727) 381 -9026
Return to:
Anthony A. Garganese, Esq.
P.O. Box 2873
Orlando, EL 32802 -2873
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QED BY T Smith
EMERGENCY ACCESS EASEMENT AGREEMENT
This EMERGENCY ACCESS EASEMENT AGREEMENT ( "Agreement ") is made
and entered into by and between WINTER SPRINGS GOLF, LLC, a Florida limited liability
company, whose address is 375 Forsgate Drive, Monroe Township, NJ 08831 ( "WSG "),
MORGRAN GREENS, LLC, a Florida limited liability company, whose address is 450 N.
Wymore Rd., Winter Park, FL 32789 ( "MORGRAN ") and the CITY OF WINTER SPRINGS,
a municipal corporation and political subdivision of the State of Florida, whose address is 1126
East S.R. 434, Winter Springs, Florida 32708 ( "City ").
WITNESSETH:
WHEREAS, WSG is the fee simple title holder of certain real property located in
Seminole County, Florida, commonly known as Tuscawilla Country Club (the "WSG
Property "); and
WHEREAS, WSG previously conveyed certain real property to Winter Springs
Investments, LLC, MORGRAN's predecessor in interest, for the development of a single - family
residential project to be known as The Greens at Tuscawilla (the "Project "); and
WHEREAS, the City has requested an easement over a portion of the WSG Property and
over a portion of the Project for purposes of allowing access for emergency and law enforcement
vehicles and personnel to and from the Project; and
WHEREAS, WSG and MORGRAN have agreed to grant to the City a perpetual, non-
exclusive access easement over those portions of the WSG Property and the Project more
particularly described in Exhibit "A" attached hereto (the "Easement Area "), for the purposes set
forth herein; and
NOW, THEREFORE, for and in consideration of the premises hereof and the sum of
TEN DOLLARS ($10.00) and other good and valuable consideration, the receipt and sufficiency
of which are hereby acknowledged, the parties hereby covenant, stipulate and agree as follows:
1. Incorporation of Recitals The foregoing recitals are true and correct and are
hereby incorporated into the text of this Agreement.
2. Grant of Easement WSG and MORGRAN hereby grant to the City and its
successors and assigns a perpetual, non - exclusive easement upon, over, across, and through the
Easement Area, for purposes of providing emergency access, including without limitation
vehicular and pedestrian ingress and egress.
3. Use of Easement The easement herein granted shall be for the use and benefit of
the City, it agents, employees, representatives, successors and assigns, and by the City's
emergency and law enforcement vehicles and personnel, for the purpose of emergency ingress
and egress and such other purposes as are incidental to the foregoing purpose.
4. Relocation of Easement Area WSG and MORGRAN shall have the right from
time to time to relocate the Easement Area upon the prior written consent of the City, which
consent shall not be unreasonably withheld, conditioned or delayed. In the event the City
approves any such requested relocation, then WSG, MORGRAN and the City shall execute and
record an amendment of this Agreement to incorporate the revised legal description of the new
Easement Area.
5. Interference with Easement Neither WSG nor MORGRAN shall make any
improvement to or use of the Easement Area which is inconsistent with the easement rights
herein granted.
6. Restoration of Easement Area In the event the City's use of the Easement Area in
accordance with the terms of this Agreement results in damage to the Easement Area,
MORGRAN shall restore the Easement Area disturbed by such damage to substantially the same
condition as existed prior to such damage, which restoration shall include, without limitation, the
replacement of any and all damaged landscaping and irrigation facilities. MORGRAN's
obligation to restore the Easement Area shall survive the termination of this Agreement.
7. Indemnity MORGRAN shall indemnify and hold WSG 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 any
way connected with, the use by the City or MORGRAN of the easement herein granted by WSG
and including, but not limited to, injury to persons and damage on or to the WSG Property or to
structures, improvements or property located on, in, above or under the WSG Property, except to
the extent that such losses, costs, claims or damages are due to the negligence or willful
misconduct of WSG, its agents, contractors or employees. This paragraph shall survive the
termination of this Agreement.
8. Effective Date The Effective Date of this Agreement shall be the date upon
which the latter of WSCx MORGRAN and the City execute this Agreement.
9. Headings The headings used in this Agreement are for convenience of reference
only and shall not be deemed to vary the content of this Agreement or the covenants and
agreements herein set forth, or limit the provisions or scope of any provisions hereof.
n
10. Counterparts This Agreement may be executed in two identical counterparts. If
so executed, each of such counterparts shall be deemed an original for all purposes and all such
counterparts shall, collectively, constitute one and the same agreement.
11. Severability If any provision of this Agreement, the deletion of which would not
adversely affect the receipt of any material benefit by any party hereunder or substantially
increase the burden of any party hereto, shall be held to be invalid or unenforceable to any
extent, the same shall not affect in any respect whatsoever the validity or enforceability of the
remainder of this Agreement.
12. Binding Effect Except as otherwise specifically provided herein, the rights and
obligations created by this Agreement shall run with title to the Easement Area and be binding
upon WSQ and its successors and assigns, and inure to the benefit of MORGRAN and the City
and their respective successors and assigns, including any condominium association or
homeowners association formed to govern, administer and operate the Project.
13. Governing Law This Agreement shall be governed by and construed in
accordance with the laws of the State of Florida. Venue for any proceeding brought pursuant to
this Agreement shall be in Seminole County, Florida.
[REMAINDER OF PAGE INTENTIONALLY LEFT BLANK;
SIGNATURES APPEAR ON FOLLOWING PAGE]
A
IN WITNESS WHEREOF, WSG, MORGRAN and the City have executed and
delivered this Agreement.
WITNESS OR ATTEST: "WSW" 1 A10 Q_ WINTER SPRINGS GOLF, LLC, a Florida
W
signature of ess limited liability company (as to Parcel II)
Printed Name of Witness BY: REACT GOLF, LLC, a Florida limited
liabilit company, its Manager
� �Zature o f Witne /��it
Printed Name of Witness B
Ch 'stopher R. Schiavone, Manager
Date: 9- 1 L{ -\\
STATE OXFO-K)
v
COUNTY OF
4 The foregoing instrument was acknowledged before me this � day of W201
by Christopher R. Schiavone, Manager of React Golf, LLC, a Florida limited liability company, the
Manager of WINTER SPRINGS GOLF, LLC, a Florida limi ed liabi 'ty company, on behalf of said
company. He is personally known to me or produced S� yo�' 4 Cln� as
identification.
(NOTARY SEAL)
Notary Public Signature
(Name typed, printed or stamp Yc ......
IEMIA MARINELII
NOTARY PUBLIC OF NEW JERV, 'rq
:m=
,l U V.L 0 1% : rt:
Commission Expires 4125011301,
WITNESS OR ATTEST:
I&NMC �60Anan - m� ill
Printed Name of Witness
Signature Pf Witness
Printed Name of Witnes
STATE OF FLORIDA
COUNTY OF �-
2011, by Daniel S. Th.all, Vice President
" MORGRAN"
MORGRAN GREENS, LLC, a Florida limited
liability company
By:
Daniel S. Thall, Vice President
Date: 9 • /S —&
as identification.
(NOTARY SEAL)
• ignature
DAWN BACHAN- MUCKUNLALL
MY COMMISSION # DD957868
EXPIRES February 12, 2014
(407) 398 -0153 FlorldallotaryService.com
� tna!n411 ( )Jj4( YA6 i
(Name typed, printed or stamped)
CITY OF WINTER SPRINGS
ATTES
i
B:
City Clerk
5
t o o. �.
ti
CITE EA -
STATE OF FLORIDA
COUNTY OF SEMINOLE
AOW i' . .
APPROVED AS TO FORM AND LEGALITY
For the use and reliance of the City of Winter Springs,
Florida only.
/ jf/ //
Date:
By: 4 J\e "
Anthony Garganese, City Attorney for the
City of Winter Springs, Florida
Personally appeared before me, the undersigned authority, and
, 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 thaS„-�,- 'may of , 2011.
(NOTARY SEAL)
rah No" Public Stets of Florida
Andrea Lorenzo -Luaws
V j� My Co mituion EE007574
0, r. EkpMee 06/0"010
Notary Pub c
My commissi ex ires: h
EXHIBIT "A"
Easement Area
Emergency Access Easement Agreement
\165233 \1 - # 2295759 vl
A PORTION OF LAND LYING IN SECTION 7, TOWNSHIP 21 SOUTH, RANGE 31 EAST, SEMINOLE COUNTY,
FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCE AT THE MOST WESTERLY CORNER OF TRACT "C ", ARROWHEAD AT TUSCAWILLA UNIT 2, AS
RECORDED IN PLAT BOOK 48, PAGES 52 THRU 54 IN THE PUBLIC RECORDS OF SEMINOLE COUNTY, FLORIDA;
THENCE SOUTH 89'58'36" EAST, A DISTANCE OF 131.76 FEET ALONG THE NORTH LINE OF SAID TRACT "C"
ALSO BEING THE SOUTH RIGHT OF WAY LINE OF WINTER SPRINGS BOULEVARD RECORDED IN OFFICIAL
RECORDS BOOK 1057, PAGES 1642 THRU 1644, OF THE PUBLIC RECORDS OF SEMINOLE COUNTY, FLORIDA,
TO THE POINT OF BEGINNING OF A TWENTY FEET INGRESS AND EGRESS EASEMENT LYING TEN FEET ON
EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE; THENCE DEPARTING SAID SOUTH RIGHT OF WAY LINE
OF WINTER SPRINGS BOULEVARD SOUTH 12'54'41" EAST, A DISTANCE OF 33.04 FEET: THENCE RUN SOUTH
34'34'04" EAST, A DISTANCE OF 359.74 FEET; THENCE RUN SOUTH 15'16'32" WEST, A DISTANCE OF 162.71
FEET; THENCE RUN SOUTH 09'21'56" EAST, A DISTANCE OF 167.21 FEET; THENCE RUN NORTH 81'00'15"
EAST, A DISTANCE OF 23.09 FEET; THENCE RUN NORTH 85'49'42" EAST, A DISTANCE OF 26.65 FEET;
THENCE RUN SOUTH 86'57'10" EAST, A DISTANCE OF 27.21 FEET; THENCE RUN SOUTH 82'52'43" EAST, A
DISTANCE OF 27.55 FEET; THENCE RUN NORTH 73'16'21" EAST, A DISTANCE OF 40.21 FEET; THENCE RUN
NORTH 66'19'49" EAST, A DISTANCE OF 118.36 FEET; THENCE RUN SOUTH 51'16'37" EAST, A DISTANCE OF
28.56 FEET; THENCE RUN NORTH 73'11'53" EAST, A DISTANCE OF 26.29 FEET; THENCE RUN NORTH
61'33'02" EAST, A DISTANCE OF 66.01 FEET; THENCE NORTH 65'43'57" WEST, A DISTANCE OF 59.36 FEET;
THENCE NORTH 50'33'27" EAST, A DISTANCE OF 59.63 FEET; THENCE NORTH 74'42'46" EAST, A DISTANCE
OF 49.35 FEET; THENCE NORTH 86'55'54" EAST, A DISTANCE OF 76.54 FEET; THENCE NORTH 70'36'21"
EAST, A DISTANCE OF 44.48 FEET; THENCE SOUTH 88'07'36" EAST, A DISTANCE OF 72.73 FEET TO A
POINT OF TERMINUS.
In accordance with CH- 61G17 -6
of the Florida Administrative Code,
this Description and Sketch of Description
bears the notation:
THIS IS NOT A SURVEY
BEARINGS SHOWN HEREON ARE BASED ON THE SOUTH
RIGHT OF WAY LINE OF WINTER SPRINGS BOULEVARD AS
BEING S89'58'36 "E, PER PLAT.
OF
20' INGRESS EGRESS EASEMENT
DATE: B -11 -0 8
SCALE: N/A
APPROVED BY: GJS
JOB N0. 7070901
DRAWN BY: GHF
A5M
AMEF:2ICAN
SURVEYING
$c MAPPING INC.
CERTIFICATION OF AUTHORIZATION NUMBER LB/6393
1030 N. ORLANDO AVE. SUITE 8
WINTER PARK, FLORIDA 32789
(407) 426 -7979
SHEET 1 OF 2
SEE SHEET 2 OF 2 FOR SKETCH
1. THE SURVEYOR HAS NOT ABSTRACTED THE
LAND SHOWN HEREON FOR EASEMENTS, RIGHT
OF WAY, RESTRICTIONS OF RECORD WHICH MAY
AFFECT THE TITLE OR USE OF THE LAND
2. NO IMPROVEMENTS HAVE BEEN LOCATED.
3. NOT VALID WITHOUT THE SIGNATURE AND
THE ORIGINAL RAISED SEAL OF A FLORIDA
LICENSED SURVEYOR AND MAPPER.
4. THIS DOCUMENT CONSISTS OF 2 SHEETS.
GENEL J. STURGEON, PSM /5866
DATE:
SKETCH OF DESCRIPTION:
POINT OF COMMENCEMENT WINTER SPRINGS BOULEVARD
WESTERLY MOST CORNER OF TRACT "C', 120' RIGHT OF WAY
ARROWHEAD AT TUSCAWILLA UNIT 2,
PLAT BOOK 48, PAGES 52 -54
S89 "E
1 131.76' >r, POINT OF BEGINNING
SOUTH RIGH OF WAY LINE
N I t OF WINTER SPRINGS BOULEVARD
I
2 'n
i
wig I = N 1
< h 1
S
P 4 1 u,
R, CENTERLINE OF u s
P < ; 20' EASEMENT
< < I �s
W
I
�< 1
i I
1
I
3
N
100'
GR AP H IC SC ALE
0 50 100
TUSKAWILLA COUNTRY CLUB
GOLF COURSE
POINT OF TERMINUS
L15 DIRT
4 ,rt L1 3 DRIVE
1
k
% `- t MATCHLINE A
TUSKAWILLA COUNTRY CLUB
LINE TABLE
LINE
BEARING
LENGTH
Lt
S12'54'41 "E
33.04'
L2
N81'00'1 5 "E
23.09'
L3
N85'49'42 "E
26.65'
L4
S86'57'1 0 "E
27.21'
L5
S82'52'43 "E
27.55'
L5
N73'16'21 "E
40.21'
L7
S51'16'37 "E
28.56'
L8
N73'11'53 "E
26.29'
L9
N61'33'02 "E
66.01'
L10
N65'43'57 "E
59.36'
L11
N50'33'27 "E
59.63'
L12
N74'42'46 "E
49.35'
L13
N86'55'54 "E
76.54'
L14 I
N70'36'21 "E 1
44.48'
L15 I
S88'07'36 "E 1
72.73'
CLUB HOUSE x
MATCHLINE A
CENTERLINE OF
1„9 ;
20' EASEMENT
L2 L3 L4 LS L N6 �
TUSKAWILLA COUNTRY CLUB
GOLF COURSE
A511A
AMERICAN
SURVEYING
SL MAPPING INC.
CERTIFICATION OF AUTHORIZATION NUMBER L9#5393
1030 N. ORLANDO AVE, SUITE 8
WINTER PARK. FLORIDA 32789
SHEET 2 OF 2
SEE SHEET 1 OF 2 FOR DESCRIPTION
DATE: 8 -11 -08 REVISED:
SCALE: 1 100'
APPROVED BY: GJS
JOB NO. 7070901
DRAWN BY: GHF