HomeMy WebLinkAboutSt.Johns River Water Management Solary CanalT
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APP 12 20 "0
BROWN, GARGANESE, WEISS & UAGRESTA, P.A.
Attorneys at Lain
Debra S. Babb- Nutcher"
Offices in Orlando, Tara L. Barrett
Joseph E. Blitch
Ft. Lauderdale & Tampa Vivian P. Cocotas
Usher L. Brown*
Robin Gibson Drage
Suzanne D'Agresta"
Gregg A. Johnson
Anthony A. Garganese°
Kimberly R. Kopp
William E. Reischmann, Jr.
Katherine W. Latorre°
J.W. Taylor
Bridgette M. Miller
Jeffrey S. Weiss
Alfred Truesdell
'Board Certified Civil Trial Lawyer
"Board Certified City, County , Local Government Law
Certifed APPe.late Pracriw
April 8, 2010
Andrea Lorenzo- Luaces, City Clerk
City of Winter Springs
1126 E. S.R. 434
Winter Springs, FL 32708
Gary M. Glassman
Erin J. O'Leary'
Amy J. Pitsch
Catherine D. Reischmann"
Of Counsel
Re: Quit Claim Deed - St. Johns River Water Management District to City of Winter
Springs "Solary Canal"
Dear Andrea:
Enclosed for safekeeping is the original recorded Quit -Claim Deed between St. Johns River
Water Management District and the City.
Please give me a call if you have any questions.
Sincer ,
Anthony A. Garganese
City Attorney
AAG :j 1
enclosure
111 N. Orange Ave, Suite 2000 • P.O. Box 2873.Orlando, Florida 32802 -2873
Orlando (407) 425 -9566 Fax (407) 425 -9596 • Kissimmee (321) 402 -0144 • Cocoa (866) 425 -9566 • Ft. Lauderdale (954) 670 -1979
Website: www.oriandolaw.net • Email: firm @orlandolaw.net
THIS INSTRUMENT PREPARED BY
AND SHOULD BE RETURNED TO:
Donald F. Wright, Esquire
Wright, Fulford, Moorhead & Brown, P.A.
145 North Magnolia Avenue
Orlando, Florida 32802
QUIT -CLAIM DEED
tl pIN11NNININii1lN�lilttl�INIMINNININH
MARYIWNl: 1004_1 I1.I ItK tr Cil 111 r IJUjRT
SI INIMAJ: (A)IiNTY
8K 013 l pps OW. - 465; (4p4s)
CLERK'S # 201 ()036()12
*044lt> D 03/31/410 12/48104 P!
REUROHNO F1.0i : "50
W1114)El) 1)Y J k_c+a11rath(a11)
THIS QUIT -CLAIM DEED, executed this? 14Nday of lotnaa^ , 20 ♦ o
0 , by ST.
JOHNS RIVER WATER MANAGEMENT DISTRICT, a public body existing under Chapter 373
of the Florida Statutes, whose mailing address is 4049 Reid Street, Palatka, Florida 32177
( "Grantor") to the CITY OF WINTER SPRINGS, a Florida municipal corporation, whose mailing
address is 1126 East State Road 434, Winter Springs, Florida 32708 ( "Grantee "):
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(Wherever used herein the terms "Grantor" and "Grantee" Include all the parties to this Instrument and the heirs, legal
representatives and assigns of Individuals, and the successors and assigns of corporations)
WITNESSETH, that the Grantor, for and in consideration of the sum of $10.00, in hand
d paid by the Grantee, the receipt whereof is hereby acknowledged, does hereby remise, release
and quit -claim unto the Grantee forever, all the right, title, interest, claim and demand which the
Grantor has in and to the following described lot, piece or parcel of land, situate, lying and being
in the County of Seminole, State of Florida, ( "the Property")to -wit:
y f� 1V
!!! SEE EXHIBIT "A" ATTACHED HERETO AND BY REFERENCE
mi MADE A PART HEREOF.
GRANTOR represents that Grantor has never resided on the above - described property
� P P rtY
and such property does not now, nor has it ever, constituted the constitutional homestead of the
Grantor.
TO HAVE AND TO HOLD the same together with all and singular the appurtenances
thereunto belonging or in anywise appertaining, and all the estate, right, title, interest, lien,
equity and claim whatsoever of the Grantor, either in law or equity, to the only proper use,
benefit and behoof of the Grantee forever.
THIS INSTRUMENT IS EXEMPT FROM STATE DOCUMENTARY STAMP TAX
PURSUANT TO SECTION 12B- 4.014(11) F.A.C. AND SECTION 201.02(6) F.S.
THIS DEED IS GIVEN TO GRANTEE BY GRANTOR SUBJECT TO THE FOLLOWING
SPECIFIC RESTRICTIONS, RESERVATIONS AND CONDITIONS:
1. The Property shall be primarily used for stormwater management and water
quality improvement ( "Primary Use "). Grantee may also use the Property for passive, resource -
-ased public recreation that is compatible with, and secondary to, the Primary Use. The District
must approve the site plan for any such secondary use to determine consistency with the
restrictions, reservations, and conditions of this Deed. During the time period that Grantor
maintains e- reversionary interest in the Property pursuant to the terms and conditions of this
Deed, the Grantee shall not sell, convey or otherwise transfer the Property without the express
written approval of Grantor.
2. In the event the Grantee fails to complete the design, permitting and construction
of a stormwater management and water quality improvement facility upon the Property by the
completion date set forth in Paragraph 2 of the "Agreement Between The St. Johns River Water
Management District and City of Winter Springs For MSJRB Solary Canal Regional Stormwater
Treatment Facility," dated ., then the Grantor shall have the option to require the
Grantee to transfer ownership of the Property to the Grantor. The Grantor shall provide written
notice to the Grantee of its exercise of this revertek, option. If the Grantor chooses to exercise
the reverter, then the Grantee shall immediately provide a quit -claim deed conveying fee simple
title to the Property to the Grantor. The reverter option contained in this paragraph 2 shall
automatically terminate at such time the stormwater management and water quality
improvement facility is completed by the completion date.
3. If, at any time after completion of the construction thereof, the Grantee fails to
actively operate the stormwater management and water quality improvement facility constructed
on the Property, then the Grantor shall have the same reverter option specified in paragraph 2,
above. However, before Grantor can exercise the reverter option, Grantor shall provide
Grantee with written notice detailing the manner in which Grantee has failed to actively operate
the stormwater management and water quality improvement facility. Upon receipt of the written
notice, Grantee shall have an opportunity to contest or cure the failure for a period of thirty (30)
days from the date of receipt unless the parties mutually agree on a longer cure period. For
purposes of this paragraph, "actively operate" means that the facility is functioning as designed
and is being used for its intended purpose.
4. In lieu of the reverter option specific in paragraph 2 and 3, the Grantor may
require that the Grantee reimburse the Grantor the lesser amount of either: (A) the full amount
of the $1,820,000 cost to Grantor of the Property, plus legal interest from the date of this
conveyance (not to exceed 5% per annum); or (B) the appraised value of the Property, if after
an environmental site assessment and any necessary subsequent environmental evaluation, it
is determined that Grantee has caused to be created on the Property a liability as a result of the
deposition of hazardous materials or hazardous waste, as defined under the laws of the United
States and the state of Florida, which require remediation. The appraisal shall be conducted by
a mutually acceptable real property appraiser duly licensed in the State of Florida and in a
manner consistent with the Grantor's then existing written real property appraisal standards. In
the alternative, Grantee may, at its sole discretion, elect to fully remediate any such
environmental contamination at its expense before the Property is conveyed to the Grantor.
5. If the Grantee fails to provide the Grantor with a deed as stated in Paragraph 2
above, upon the recordation of an Affidavit by the Grantor certifying that the conditions
precedent specified in either paragraph 2 or 3 above, including that the Grantor provided the
Grantee with written notice, have occurred, then title to the Property shall automatically revert to
the Grantor or its successor organization.
6. Nothing herein shall be construed to prohibit the Grantor and Grantee from
negotiating, for good and valuable consideration, a written and recorded release of the reverter
options set forth in paragraph 2 or 3 above before the reverter options terminate.
IN WITNESS WHEREOF, the Grantor has signed and sealed these presents the day
and year first above written.
ATTEST:
STATE OF FLORIDA
COUNTY OF puL +tj AM
ST. JOHNS RIVER WATER
MANAGEMENT DISTRICT
SAN N. HUGHES, AIRWOMAN
(SEAL)
PERSONALLY APPEARED, before me the undersigned authority, Susan N. Hughes,
personally known to me and known to me to be the Chairwoman of the Governing Board of the
ST. JOHNS RIVER WATER MANAGEMENT DISTRICT, and acknowledged before me that he
executed the foregoing document on behalf of the Governing Board of the ST. JOHNS RIVER
WATER MANAGEMENT DISTRICT, as its true act and deed and that he was authorized to do
so.
ITNESS my hand and official seal in the State and County last aforesaid this .. .
day of r-e ti._W , , 2009.
o��`v Pia, Sandra L. Bertram NOTARY PUBLIC
: Commission # ert 525 Print Name: 5Qndra- L &x4ram
"�� Expires January 29, 2010
I, 05,myoll
STATE OF FLORIDA
COUNTY OF \%o WS t 0...
PERSONALLY APPEARED, before me the undersigned authority, Hersey "Herky"
Huffman, personally known to me and known to me to be the Secretary of the Governing Board
of the ST. JOHNS RIVER WATER MANAGEMENT DISTRICT, and acknowledged before me
that he executed the foregoing document on behalf of the Governing Board of the ST. JOHNS
RIVER WATER MANAGEMENT DISTRICT, as its true act and deed and that he was authorized
to do so.
WITNESS my hand and official seal in the State and County last aforesaid this `
day of 2 C.e mlo e r —12009.
NOTARY PUBLIC
;; IEOiAD.N Print Name: �eot�2 J � �ki�lsan
* MY COMMISSION 4 DD 893473
EXPIRES: July 21, 2013
gf tA Banded Ttn Notary Public Underwr *s
CONSENT OF GRANTEE
CITY OF WINTER SPRINGS, FLORIDA
City of Winter Springs, Florida, Grantee of the above Quit Claim Deed from the St. Johns River
Water Management District, does hereby consent to the Restrictions, Reservations and Conditions,
imposed therein and agrees to the terms thereof.
CITY COMMISSIONERS
CITY OF WINTER SPRINGS
I` FIR • �'�.f 4 'i iL. �:..
By
PAINT NAME: John F.
Attest: 201 I/ ti,a ° " lU( •.. F�
Date: January 7, -2 to S
Bj-
e k the City of Winter Springs
City Commissioners
EXHIBIT "A"
Parcel 1:
The NW 1/4 of the NW 1/4 of Section 3, Township 21 South, Range 31 East, Seminole County,
Florida, less the South 340 feet of the East 660 feet thereof and less the South 564.64 feet of the
west 659.60 feet thereof and less road right -of -way.
Parcel 2:
The South 564.64 feet of the West 659.60 feet of the following property:
The NW 1/4 of the NW 1/4 of Section 3, Township 21 South, Range 31 East, Seminole County,
Florida, Less the South 340 feet of the East 660 feet thereof and right -of -way record.