Loading...
HomeMy WebLinkAboutSt.Johns River Water Management Solary CanalT E , 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 "): P (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.