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HomeMy WebLinkAboutState Trail Exchange - All Documents - 2019 02 19 (..-'fARG-A- NESE, WEISS, IYAGREST.A & SALZM-2kiN, P.A. ,-Jllorlliy.i-411 Lan) 111 N. Orange.�-\ve,Suite 2000 Anthony A. Garganese RO. Box 2873 Board Certified City,COUnty&Local Orlando,Florida 32802-2873 Government Law Phone (407) 425-9566 Fax (407) 425-9596 agat�gaiivse(w odimidob vv.net 1,ebruary 19, 2019 Andrea Lorenzo-Luaces, MMC City Clerk City of Winter Springs 1126 East State Road 434 4 Winter Springs, FI, 32708 Re: City of Winter Springs State 'Frail Exchange Our File No. 1.193 (2018,6.12) Dear Andrea: With respect to the exchange of real property, please find enclosed the following documents for safekeeping: 1. Original Quit Claim Deed recorded in O.R. Book 9285, Page 904-- 2. Copy ot'Recreational Trial Use and Maintenance Easement between the School Board and the County, recorded in O.R. Book 9285, Page 894, 3. Copy of Warranty I.)eed recorded in O.R. Book 9285, Page 901, 4. Copy of Exchange Closing Statement, 5. Copy of Title, Possession and Lien Affidavit, 6. Copy of Environmental Affidavit; 7. Original survey drawing number 62409001 - parcel conveyed to State, 8. Original survey drawing number 62409002 - parcel conveyed to City, and 9. Original survey drawing number 62409003 - parcel conveyed to City. It was a pleasure assisting, the City with this matter, and Sh0UJd you have any cluestions, please do not hesitate to Contact Our office. Ft. Lauderdale (954) 6'70-1")"9 . 1-issiriuuce (3211 402-0144 - Cocoa 1866) 125 9566 Website: 1-,'Auml: Andrea Lorenzo-L,uaces, MMC' February 19, 2019 Page 2 A- CeIrly, Anthony A. Garganese City Attorney AAG/iih Enclosures cc: Kevin L. Smith, City Manager Grant Maloy,Clerk Of The Circuit Court&Comptroller Seminole County, FL Inst#2019006889 Book:9285 Page:904-906; (3 PAGES)RCD: 1/22/2019 9:10:19 AM REG FEE$27.00 BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND OF THE STATE OF FLORIDA QUITCLAIM DEED Quitclaim Deed Number 33147 KNOW ALL MEN BY THESE PRESENTS: That WHEREAS, the BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND OF THE STATE OF FLORIDA is by Section 253 . 03, Florida Statutes, authorized and empowered to convey certain lands under the terms and conditions set forth herein; and, WHEREAS, said BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND OF THE STATE OF FLORIDA did approve this transfer on the 8th day of February, 2018 . NOW, THEREFORE, the undersigned BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND OF THE STATE OF FLORIDA, as "GRANTOR", under authority of Section 253 . 03, Florida Statutes, for and in consideration of the sum of ONE HUNDRED ELEVEN THOUSAND FIVE HUNDRED AND N01100 DOLLARS ($111, 500 . 00) and other good and valuable consideration, to it in hand paid by CITY OF WINTER SPRINGS, a Florida municipal corporation, whose address is 1126 East State Road 434, Winter Springs, Florida 32708, as "GRANTEE, " has remised, released, conveyed and quitclaimed, and by these presents does remise, release, convey and quitclaim unto GRANTEE, its successors and assigns forever, all the right, title, interest, claim and demand which GRANTOR may have in and to the following described lands in Seminole County, Florida, to-wit: SEE EXHIBIT "A" Rec.orded Electronically Tim BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND OF THE STATE OF FLORIDA QUITCLAIM DEED Quitclaim Deed Number 33147 KNOW ALL MEN BY THESE PRESENTS: That WHEREAS, the BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND OF THE STATE OF FLORIDA is by Section 253 . 03 , Florida Statutes, authorized and empowered to convey certain lands under the terms and conditions set forth herein; and, WHEREAS, said BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND OF THE STATE OF FLORIDA did approve this transfer on the 8th day of February, 2018 . NOW, THEREFORE, the undersigned BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND OF THE STATE OF FLORIDA, as "GRANTOR" , under authority of Section 253 . 03 , Florida Statutes, for and in consideration of the sum of ONE HUNDRED ELEVEN THOUSAND FIVE HUNDRED AND N01100 DOLLARS ($111, 500 . 00) and other good and valuable consideration, to it in hand paid by CITY OF WINTER SPRINGS, a Florida municipal corporation, whose address is 1126 East State Road 434, Winter Springs, Florida 32708, as "GRANTEE, " has remised, released, conveyed and quitclaimed, and by these presents does remise, release, convey and quitclaim unto GRANTEE, its successors and assigns forever, all the right, title, interest, claim and demand which GRANTOR may have in and to the following described lands in Seminole County, Florida, to-wit: SEE EXHIBIT "A" hereunto subscribed their names and have caused the official seal of said BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST .FUND OF THE STATE OF FLORIDA to be hereunto affixed in the City of Tallahassee, Florida, on this ,, ,P' °kday of A.D. 2018 . (SEAL) BOARD OF TRUSTEES OF Rick Scott THE INTERNAL IMPROVEMENT Gov °-hqr TRUST FUND OF THE STATE OF -F.LOR°IDA PAM A JO 'BONDI ATTORNEY GENERAL APPROVED ''5 TO, FORM AND LEGALITY JIVY PAIR jIS ICH F FIN IAL OF CER By: - --- AAtto ey ADAA74. PUTN COMMISSIONER OF AGRICULTURE As and Constituting the BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND OF THE STATE OF FLORIDA This instrument prepared by: Jim I.eftheri.s, Government operations Consultant III Department of Environmental Protection Bureau of Real Estate Services Division of State Lands, 3900 Commonwealth Blvd. , MS 1.15 Tallahassee, Florida 32399-3000 EXHIBIT "A" Thekpodo(Lot5. B|ook"A". DR. &1UoheU'sSumeyof0heLevyGnan{asrecondedinPlatBook1. Page5 of the Public Records of Seminole County, Florida being more particularly described as follows: Commence at the Southwestern most corner of Lot 31, St. Johns Landing as recorded in Plat Book 53, Pages 45-40. of the Public Records ofSeminole County, Florida, said point being a recovered concrete monument on the East Right-of-Way of TUskawilla Road (formerly Brantley Avenue) as recorded in Official Records Book 3225, Page 1829 of the Public Records of Seminole County, Florida; thence run N 6Q,31'3O^VValong the Westerly prolongation ufthe South line ofsaid Lot 31 for distance of15.O0feet tothoEaetRight-of\Wey|inmofeaidTuekawiUaRoad; thenoerunS3O~O4'55^VYa|ongmaidEootRight- of-Way line for a distance of 1,104.90 feet to a point on a non-tangent curve concave Northwesterly, having a tangent bearing of S 09'18'33"W and a radius of 1,110.99 feet; thence run Southwesterly along the arc of said curve and the Westerly Right-of-Way line of the former CSX Transportation, Inc. "Lake Charm Branch" Rail Corridor, through a central angle of 03'43'39"for a distance of 72.78 feet to the Point of Beginning; thence departing said curve, run N 74~32'1O" Efor a distance of31.75feet kzo point on a non-tangent curve concave Northwesterly, having a tangent bearing of S 12'16'29"W and a radius of 1,1313.99 feet; thence run Southwesterly along the arc ofsaid curve through ocentral angle nfO3"13'4G^ for adistance of64.2Ofeet; thence departing said curve, run 829^28'13" Efor edistance of1G.Q7feet- thence runS15^33'47''VVforadiahanoanf43S.BOyae\; \henoerunN58~55'O5''VVforadistanceVf41 32 feet|oapoint on the aforesaid Westerly Right-of-Way line of the former CSX Transportation, Inc. ''Lake Charm Branch" Rail Corridor; thence run N 15,33'47^ E along said Right-mf4Wmyline for a distance of 437.37feet tmapoint ofcurvature ofa curve concave Northwesterly and having aradius of1.11O.0Qfeet; thence run Northerly along the arc ofsaid curve through m central angle ofO2~31'35"fora distance of 48.A0feet iothe Point ofBeginning, AND The following lands located in Section 35, Township 20 South, Range 30 Eomt, Seminole County, Florida: Commence at the Northeast corner of Lot 33, Entzminger Farms, Addition No. 2, according to the plat thereof recorded in Plat Book 5, Page 9, of the Public Records of Seminole County, Florida; thence run N 82^5Q'O3"VV. along the South right-of-way line of the CSX Transportation, Inc. Rail corridor and the North line ufLot 33. mdistance uf147.5Qfeet tothe Point ufBeginning; thence continue N82~5G'O3''VY. along mmidright'of+wmy|inemndtheNorthlineofeoidLo|33. edie1enomof5842foe(;thonomrunNO7^UO'57^ E. perpendicular to said right-of-w2y|ine. a distance of|0O.00feet to a point on line North right-of-way line of said rail corridor; thence run S82°S9'03" E. along said North line mdistance nf31.3Ofeet toits intersection with the Northerly extension of the West line of the East 143.14 feet of Lot 33; thence run S 07^O4'58" E. along said Northerly extension for o distance of1O3.11 feet tothe Point ofBeginning. BSMI BY— Date: ���� C":rant Maloy, Clerk Of The Circuit Court& Comptroller Seminole County, FL Inst#2019006887 Book:9285 Page:894-900; (7 PACES)RCD: 1/22/2019 9:10:17 AM REC FEE $61.00 CERTIFIED COPY-GRANT tviALOY CLERK OF THE CIRCUIT COURT A COMPTR ER i 5 OLE C TY,FLO t MIS tN5TRUK NT PREPARED BY: e" DAVID 0,sHIBWS R DEPUTY CLERK ASSI5`rANT COUNTY ATTORNEY 1101 EAST ISTST[tEH'i' SANPORD,FL 32771 (407)665«7254 RECREATIONAL TRAIL USE AND MAINTENANCE EASEMENT THIS RECREATIONALRAIL USE AND MAINTENANCE EASEMENT is made and entered into this qday ofC)Z 19Z 2018,by and between THE SCHOOL BOARD OF SEMINOLE COUNTY,FLORIDA,a political subdivision of the State of Florida,whose principal address is 400 Last Lake Mary Boulevard, Sanford, Florida 32773, in this Easement referred to as the"GRANTOR,"and SE.MINOLE COUNTY,a political subdivision of the State of Florida,whose address is Seminole County Services Building, 1101 East 1st Street, Sanford, Florida 32771, in this Easement referred to as the "GRANTEE." WITNESSETH: FOR.AND IN CONSIDERATION OF the sum of TEN AND N01100 DOLLARS ($10.00) and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, GRANTOR does hereby grant and convey to GRANTEE and GRANTEE's assigns, a non-exclusive casement and right-of wayess, construction, use, and Maintenance of a recreational mail, with full authority for enter u ess, construct, reconstruct, use, and maintain, as GRANTEE and GRANTEE's assigns may deem reasonably necessary for a recreational trail over, under, upon, and through the following-described lands situate in the County of Seminole, State of Florida,to-wit: See Sketch of Description and Legal Description attached hereto as Exhibit "A Property Appraiser's Parent Parcel 1.D, No,: 34-20-30-5AW-00.00-033A (the "Easement Property") TO HAVE AND TO HOLD this easement and right-of-way unto GRANTEE and GRANTEE's assigns forever. GRANTEE and GRANTEE's assigns have the right of non-exclusive use of the Easement Property as part of a recreational trail and to clear, keep clear, remove from the Easement Property all trees, undergrowth and other obstructions that may interfere with location, construction, excavation, access, operation, or maintenance of the recreational trail, and GRANTOR and GRANTOR's successors and assigns agree not to build,construct or create, or permit others to build, construct or create any buildings or other structures on the Easement Property, that may interfere with. the location,access excavation, operation, use, or maintenance of the recreational trail. Recreational Trail Use and Maintenance Easement The School Board of Seminole County to Seminole County Mage 1 of 4 icall R ec� r CERTIFIED COPY-GRANT MALOY THE CIRCUIT COURT CLERK OF 4 court A COMPTR ER o SE OLE C A FLO a t e THIS rNSTRUMENT REPAREQ "A -DEPUTY CLERK REF DAVID 0.SHIELDS ASSISTANT COUNTY ATTORNEY 01 EAST IST STREET sANFoRD,FL32771 (407)665-7254 RE'CRE ATIONAL TRAIL USE AND MAINTENANCE EASEMENT THIS RECREATIONAL TRAIL USE AND MAINTENANCE EASEMENT is made and entered into this ab day of CDC*jgj!� 2018,by and between THE SCHOOL BOARD OF SEMINOLE COUNTY, FLORIDA,a political subdivision of the State of Florida,whose principal address is 400 East Lake Mary Boulevard, Sanford, Florida 32773, in this Easement referred to as the "GRANTOR,"and SEMINOLE COUNTY,apolitical subdivision of the State of Florida,whose address is Seminole County Services Building, 1101 East 1st Street, Sanford, Florida 32771, in this Easement referred to as the "GRANTEE." WITNESSETH: FOR AND IN CONSIDERATION OF the sum of TEN AND N011 00 DOLLARS ($10.00) and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, GRANTOR does hereby grant and convey to GRANTEE and GRANTEE's assigns, a non-exclusive casement and right-of-wayu, ,".. r mess, construction, use, and maintenance of a recreational trail, with fall authority to enter � r construct, reconstruct, use, and maintain, It T as GRANTEE and GRANTEE's assigns may deem reasonably necessary for a recreational trail over, under, upon, and through the following-described lands situate in the County of Seminole, State of Florida,to-wit: See Sketch of Description and Legal Description attached hereto as Exhibit toA,to Property Appraiser's Parent Parcel I.D. No.: 34-20-30-5AW-0000-033A (the "Easement Property") TO HAVE AND TO HOLD this easement and right-of-way unto GRANTEE and GRANTEE's assigns forever. GRANTEE and GRANTEE's assigns have the right of non-exclusive use of the Easement Property as part of a recreational trail and to clear, keep clear, remove from the Easement Property all trees, undergrowth and other obstructions that may interfere with location, construction, excavation, access, operation, or maintenance of the recreational trail, and GRANTOR and GRANTOR's successors and assigns agree not to build, construct or create, or permit others to build, construct or create any buildings or other structures on the Easement Property that may interfere with the location, access excavation, operation, use, or maintenance of the recreational trail. Recreational Trail Use and Maintenance Easement The School Board of Seminole County to Seminole County Page 1 of 4 GRANTEE and GRANTEE's assigns shall maintain the Easement Property, including any improvements located on the Easement Property,to ensure the Easement Property can continue to be used as a recreational trail and as non-vehicular access to the Easement Property and GRANTOR's adjacent property. GRANTEE shall adopt reasonable rules and regulations from time to time for safe use of the Easement Property and will cooperate with GRANTOR in erecting such signage as GRANTOR may reasonably request from time to time to direct users to dismount bicycles and not to use motorized vehicles while on the Easement Property and to abide by such other rules as GRANTOR may deem appropriate for the protection of all persons utilizing the Easement Property, including students at the school. The parties acknowledge that the Easement Property is also utilized as the primary access to and from the school facilities located on GRANTOR's Property and, thus, GRANTEE and GRANTEE's assigns shall construct, use, and maintain the Easement Property in such a manner as not to interfere with GRANTOR's use of the Easement Property or GRANTOR's adjacent property and consistent with GRANTOR's continued use of the Easement Property. GRANTEE shall perform all construction and maintenance on the Easement Property at a time other than when the adjacent elementary school is in session or during the hour before or after any such session. GRANTEE shall also provide GRANTOR with reasonable advance notice of any such construction or maintenance. IF GRANTE E does not maintain the Easement Property as specified in this Recreational Trail Maintenance Easement, GRANTOR shall provide, notice of this non-maintenance to GRANTEE. If GRANTEE does not cure this non-maintenance according to the standards set forth above after such notice and a reasonable opportu 'ty to cure this non-maintenance, then GRANTOR may enter upon the Easement Property and perK r e maintenance work as is reasonably necessary 1 J to achieve the maintenance standards set forthM his Recreational Trail Maintenance Easement. Thereafter, GRANTOR may receive compensation for this maintenance on a time and material basis from GRANTEE. THIS RE CRE ATIONAL TRAIL MAINTENANCE EASEMENT will continue into perpetuity and be binding on the parties' successors in interest, unless the associated Easement Agreement between the State of Florida and GRANTEE for the Easement Property is terminated, in which event this Recreational Trail Use and Maintenance Easement and GRANTEE's duties to maintain under this easement will also be terminated. TO THE EXTENT permitted by law, GRANTEE shall indemnify and hold GRANTOR harmless for all of GRANTEE's activities related to the Easement Property as performed pursuant to GRANTEE's rights under this Recreational Trail Use and Maintenance Easement. NOTHING CONTAINED IN THIS RE CRIEATIONAL TRAIL USE AND MAINTENANCE EASEMENT may be construed or interpreted as denying to any party any remedy or defense available to such parties under the laws of the State of Florida,nor as a waiver of sovereign immunity of GRANTOR or GRANTEE beyond the waiver provided for in Section 768,28, Florida Statutes (2018), as this statute may be amended from time to time. THIS RE CRE ATIONAL TRAIL USE AND MAINTENANCE EASEMENT is subject to the Easement granted to Florida Power & Light Company, filed on December 9, 1957 in the Official Records Book 148, Page 79 and August 25, 1958 in Official Records Book 183, Page 132, Recreational Trail Use and Maintenance Easement The School Board of Seminole County to Seminole County Page 2 of 4 respectively, Public Records of Seminole County, Florida (the "1958 Easement"), and GRANTEE shall comply with the terms of the 1958 Easement as applicable. GRANTOR does hereby covenant with GRANTEE that GRANTOR is lawfully seized and possessed of the Easement Property, that GRANTOR has a good and lawful right to convey the Easement Property. IN WITNESS WHE REOF,the GRANTOR has set GRANTOR's hand and seal,the day and year first above written, ATTEST- THE SCHOOL BOARD OF SEMINOLE COUNTY, FLORIDA By: a�a� Dk, WALT GRYFIN, Si(ple'rintendent L&t-K),AV-+ Chairman Date: STATE OF FLORIDA COUNTY OF SEMINOLE A I A The foregoing instrument was execusi acknowledged before me this 3_0 day of 6(;(6ber- 2018 by . A-yyw as Chairman.and Dr.Walt Griffin, or P wi� as Superintendent of the School Bd of Seminole County, Florida, owho are personally known to me or owho have produced tification, \is P�Name J;'1 I %,MMMOMFloridaJ�ot state d otary Public in and for the County and State Aforementioned GG 2021 110 My commission expires: rn [Acceptance by Seminole County following on Page 4j Recreational Trail Use and Maintenance Easement The School Board of Seminole County to Seminole County Page 3 of 4 Ag,CXVj'ANG4 BY SEMINOLE COUNTY: BOARD OF COUNTY COMMISSIONERS IVa�'TE` T a°, �- SEMINOLE COUNTY, FLORIDA a s-; f NT ,°`N _._ BRENDA CAREY, Chairma '` lar"k-to the•Boar o£",, ' x Commissi nets of �',;Seminole(^`aunty, Fl4fi&. Date: For t�` ey "'d reliance of As authorized for execution by the B d of Seminole County only. County Commissioners at its t , 201.8, regular meeting. Approved as to form and legal sufficiency. County Attorney DGS/dre 11/20/18 Attachment: Schedule "A"— Sketch and legal description T:\Users\dedge\My Documents\instruments\2018\SCSS TO SC RECREATIONAL TRAIL,EASEMENT(CROSS SEMINOLE).doex f Recreational Trail Use and Maintenance Easement The School Board of Seminole County to Seminole County Page 4 of 4 EAMIT 'Ary EASEMENT SKETCH OF DESCRIPTION (7THS IS NOTA SURVEY) DESCRIPTION: REGLVAT TIM NORTREAST CORNER OFLOT 33,FNTZM17VGER FARMS,ADDITION NO.2,ACCORDING TO THE PLAT THEREOF RECORDED INPLAT BOOK 5,PAGE 9, OF TIE PUBLIC RECORDS OF SEMINOLE COUNTY,FLORIDA.;Tf-IENCE RUN 9.07-04'58"E,ALONG THEEAST LINE OF SAID LOT 33 A DISTANCE OF 180.05 FEET TO A POINT ON THE NORTH RIGHT-OF-WAY LINE OFSTATE ROAD 419,SAID POINT ALSO BEING A POINT ONA CURVE CONCAVE SOUTHWESTERLY,HAVING A RADIUS OF 3869.72 FEET, THENCE FROM CHORD BEARING OFN.78-12'1 5-w., RUNNORTHWESTERLYALONG THE ARC OF SAID CURVE 7HROUGHA CEN7RAL ANGLE OF 00*07'40",A DISTANCE OF 8.63 FEET TO A POINT ON TRE BACK OFA CONCRETE CURB,SAID POINT ALSO BEING ONA CURVE CONCAVE EASTERLY, HAVING A RADIUS OF 75.33 FEET, 7TInVCE FROM CHORD BEARING OF N.1 7-03VI'W.,RUNNORTH"ESTERLYALONG THE ARC OF SAID CURVE, YHROUGHA CENTRAL ANGLE OF 20*45'14",A DISTANCE OF 27.29 FEET TO TETE' POINT OF TANGENCY, THENCE RUN N.06'40'24-W.,ALONG SAID BACK CURB FOR A DISTANCE OF 120.47 FEET TO THE POINT OF CURVATURE OFA CURVE, CONCAVE WESTERLY,HAVING A RADIUS OF 1,190.55 FEET; THENCE FROM A CHORD BEARING OFS.07-28'14-W.,RUN NORTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 01'35'40"1 A DISTANCE OF 33.13 FEET TO A POINT ON THE NORTH LINE OF SAID LOT 33,SAID POINT ALSO BEING ON THE SOUTH RIGHT-OF-WAY LINE OF THE CSX TRANSPOR 7A 7TON,INC RAIL CORRIDOR, TtIENCE RUN S.82*59'03"E.,ALONG SAID NORTH Lm A DISTANCE OF 12,60 FEET TO THE POINT OF BEGINNING. CONTAINING 2,192 SQUARE FEET;MORE OR LESS. Sze~l OF SEMVOLE COUNTY AEARINGSBASID OR 7EM NORTHLEGEND LINE OPLOT331MAVNOANASSUMED SURVEY SECTION BEARING OF N.82'59'03'W. OF THE ROADS-STORKWATER DlVL57ON 7TE PURMC WORKS DEPARTMENT 249BUSlIL06P SURVEYOR'S NOTES SANFORD,FLORIDA 32773 407-665-5647 I.779SISNOTA SURVEY. Z UNDERGROUND UTlZTlESANQ/ORWROVDVR4TSNOTLOr-A92 3,SURVEYOR HAS NOT ABSMCTED TM LANDVOWN HMWX THE NOT VALID OUT MESrGWA7VRE AND 77E ABOVEREFAWCM PRORERTYMAYRFAUCTTO EAMM4TS Or =OFA FLORIDA ZMENSED AND RESTRICTIONS OFRSCORD,IF ANY, SE rP , OR SURVEY UR a, AIN MAP V V Byl FRUDAM 8LA SCAM 1%40' U '.F DAM DRAWN syx Ru P, 3,FLA CERT.#4 723 AGILE= JC#NAMR 09409Z=a-lANG84 CIMCKED Or Gr. qT 'AT'ATr EASEMENT SKETCH OF DESCRIPTION HITS IS NOT A SURVE19 } SOU77ILINEOF g1 LOT 17 LOT'17 FTJrM.I aGM FARMSAIIDITTON NO 2,PLAT BOOKS,.PG.9 0 S82S903"E 147:68' l 0O N 1 ' °P ' BO ARD 057zzg OF 2ZIF OF 2w % IVpp OFTT2STAs4wiTRU ( ST ` ,~ RAILROAD RIG)7T ogWA A SOUTHRIGHT-OF-WAY LIN6Cw TRAN$FORTANON, w' S 82 5903'E 134.98, z WC RAIL CORRIDOR 81 �� NORTHLINB LOT,33 t r-i OFLOT 33 �1 ENTZVWGER FARMSADDnTON Irk POINT OF Na e„FLnr BOOK S,FG.9 BBGROWG y` NOR77iE4ST CORNER -I VE aFLOT 33 N co LOT 32 LOT 33 ' E'N12MINGE2 FARMS ADDITION NO 2,PLAT BOOK 5,PG.9 FA.STT LME OF LOT 33 NORTH RIGHT-dr-WAY IRM S.R 419eovrofToGwcr Curve Table Curve* RodW, ChordWreetibn CentmlAngle Length L'hordLeVth « C1 CR 3869.72 N78'12'1.5'W 0'07'40' &63 &63 SrA"-- R1 C2 7553 N17'03'01 W 20'4514' 27.29 27.14 �`' 'jFW41 C3 1190.55 N7'28'14'W 1'35`40' 33.13 33.13 ��...� �� „� •a•a7 Parcel Lite Table LE` ` END BEARINGS BASED ON TI ENORTH LIARS OFLOT 33 HAVING ANA-MfW bine# Dtreed6n Length BBARINGOFN.$2'59'03"W. L% S82'59'03 E 126d SUR�EYOR'S NOTES 1.7WS IS NOTA SURVW. C+ T L COUNTY p T 2.VNDMGRO()NV UTILITI'kSANDIOR LMFROYET'8MENMOT LOCATED. aJ 4 41 3.SURVEI'ORHA.SNOTABSTRACTED771FLRfNDSHOWNMIDN,7M SURVEY SECTION ABOVE RIrTb ZWCED PROPERTYMAYBESUBJECT TOEASOMM OF 77M AND RI• DUCTYONS OFRECORD,IFANY. ROADS-STORMWAM DIMON PUBLIC WORD l?VARTmW SM '2 OF 2 149 BV91-1 LOOP F2W DAM N/A SCAM 1 U40, SANFORD,FLORIDA 32773 DAM 11X72/2616 DRAWNRW. 99 407.665-5647 JOXNAM& 09-0092srC?mmGE4 CR1WKWAY.• CiL Spring 1-3ammock � � ° , '� Preserve SITE - City Trail.Use • , Agreement:to County °`' • BOT Seminole Trail • r Phillips to City • r Date S':surces: o 1)PC Fnr the.City oP Wmtcr spnng, Seminole CO School Board. 2)C,dastral 2016 Dam 3)Phrt'S(resk 5 Page 9 Easement to County 4)Merida Conservation lands .5)NAVTFQ Roads J G)Bing Ae-ls a 200 400 800 MEM NEE= Feet N Cross Seminole Trail W-.- E City of Minter Springs Exchange S Seminole County, Florida File Lni:acion:12/2018 138:e}a_c.d\(;c�unirex_C,IS\Seminole\CrossScnvinrale"d'railExchwgeWvncueSFnnyz\-Fpr.isul_P'uilliFr_Paruxl\I'hiAips_(:.osx_Eemu�ole_7nil.mxd 16 TINJ r`4xp Cxautcrl(i,r.C:\T'S101- Grant Maloy, Clerk Of The Circuit Court& Comptroller Seminole County, FL 1,st 4'2019006888 Book:9285 Page:901-903; (3 PAGES) RCD: 1/22/2019 9:10:18 AM REC FEE$27.00 This Instrument Prepared By and Please Return To: Wendi McAleese American Government Services Corporation 3812 W.Linebaugh Avenue Tampa,Florida 33618 AGS#: 28783 WARRANTY DEED (STATUTORY FORM-SECTION 689.02,F.S.) THIS INDENTURE is made this Ls:!"day of A,D. 2019, between City of Winter Springs, a�Ml a�mftuici A corporation, whose address is 1126 Past State Road 434, Winter Springs, FL, 32708, ("Grantor"), and the Board of Trustees of the Internal Improvement Trust Fund of the State of Florida whose address is c/o Florida Department of Envirorimeni7ai Protection, Division of State Lands 3900 Commonwealth Boulevard). Mail Station 115, Tallafiassee, Florida, 32399, ("Grantee' (Wherever used herein the terms"Grantor" and"Grantee"include all the parties to this instrument and their heirs, legal representatives, successors and assigns. "Grantor" and "Grantee" are used for singular and plural, as the context requires and the use of any gender shall include all genders.) WITNESSETH: That the said Grantor, for and in consideration of the sum of Ten Dollars and other good and valuable considerations, to said Grantor in hand paid by said Grantee, the receipt whereof is hereby acknowledged has granted, bargained and sold to the said Grantee, and Grantee's successors and assigns forever,the following described and situate, lying and being in Seminole County,Florida, to-wit: See EXHIBIT "A" attached hereto and by reference made a part hereof. Property Anoraiser's Parcel Identification Numbers: 34-20-30-SAW-0000-0330 and 34-20-30-5A -0000-0340 This conveyance is subject to easements., restrictions, limitations, and conditions of record, if any, but any such interests that may have been terminated are not hereby re-imposed. AND the said Grantor does hereby fully warrant the title to said land, and will defend the same against the lawful claims of all persons whomsoever, IN WITNESS WHEREOF the Grantor has hereunto set Grantor's hand and seal, the day and year first above written. SEE FOLLOWING PAGE FOR SIGNATURE This Instrument Prepared By and I &R -ordwJ Efectronically ,5 C Please Return To: Wendi McAleese American Government Services Corporation Tinle I 3812 W.Linebaugli Avenue j M liti a.c 0 m 4420,56� Tampa,Florida 33618 AGS#: 28783 WARRANTYDEED (STATUTORY FORM-SECTION 689.02,F.S.) THIS INDENTURE is made this Ls:!"'_day of of Winter S rin Florida mitici al A.D. 2019, between Ci S, a Corporation, whose ad less is 1126 fast tate Road 434, Winter Springs,, FL, 32708, ("Grantor"), and the Board of Trustees of the Internal Improvement Trust Fund of the State of Florida, whose address is c/o Florida Department of Environmental Protection, Division of State Lands 3900 Commonwealth Boulevard, Mail Station 115, TallAassee, Florida, 32399, ("Grantee"), (Wherever used herein the terms"Grantor" and"Grantee" include all the parties to this instrument and their heirs, Legal representatives, successors and assigns. "Grantor" and "Grantee" are used for singular and plural, as the context requires and the use of any gender shall include all genders.) WITNESSETH: That the said Grantor, for and in consideration of the sum of Ten Dollars and other good and valuable considerations, to said Grantor in hand paid said Grantee, the receipt whereof is hereby acknowledged has granted, bargained and sold to the said Grantee, and Grantee's successors and assigns forever, the following described and situate, lying and being in Seminole County, Florida, to-wit: See EXHIBIT "A" attached hereto and by reference made a part hereof. Pro ert A raiser's Parcel Identification Numbers: 34-20-30 0000-0330 and 34-20-30-5AW-0000-0340 This conveyance is subg'ect to easements, restrictions, limitations, and conditions of record, if any, but any m such interests that.may have been terminated are not hereby re-imposed. AND the said Grantor does hereby fully warrant the title to said land, and will defend the same against the lawful claims of all persons whomsoever. IN WITNESS WHEREOF the Grantor has hereunto set Grantor's hand and seal, the day and year first above written. SEE FOLLOWING PAGE FOR SIGNATURE Signed, sealed and delivered in the presence oIf. / City of Winter Springs, a Florida municipal corporation Signature of first witness By: &daxles -Lacey, Maor Printed name of first witness ATTEST-, tu igga re of seco d witness By: a Lorenzo-Luaces, City Clerk Printed name of second witness (seal) STATE OFpr�A, COUNTY OF The foregoing instrument was acknowledged before me this day of 2019, by Charles Lacey, as Mayor and Andrea Lorenzo-Luaces, as City Clerk of City of Wrater Springs, a Florida municipal corporation. Such persons (Notary Public must check applicable box): are personally known to me. produced a driver license. produced as identification. tary Pu c AS-CL4 CrIj-rn,),,­� (Printed, Typed or Stamped Name of Notary Public) Commission No.: '2 1 �s --I Li H (NOTARY PUBLIC SEAL) My Commission Expires: RimCASEY CARMAN Notary Public-SM 04 Wide Commission 0 FF 216744 My Comm.Expires Mar 31,2019 Bonded through National"Assm EXHIBIT"A" Parcel W A portion of Lot 33,Entzrninger Famis Addition No.2,according to the plat thereof, recorded in Plat Book 5, Page 9 of the Public Records of Seminole County, Florida being more particularly described as folbws: The South 27.00 feet of Lot 33;ung Northerly of,coincident with and parallel with the Northerly right of way line of C-R.419,ass on Florida of Deparftnent of Transportation Right of Way Map for State Road 419,Section 77070-2506,Sheet 5. LESS the East 143-14 feet thereof,ALSO LESS additional right of way as recorded in Offid2l Record Book 7476, Page 1150,of the Public Records of Seminole County,Florida. AND Parcel'B" A portion of Lots 34 and 35,Entzminger F2nns Addition No. 2,according to the plat thereof, recorded in Plat Book 5,Page 9 of the Public Records of Seminole County, Florida,lying Northerly of the Northerly right of way line of C.R_419 as shown on Florida of Department of Transportation Right of Way Map for State Road 419,Section 77070-2506,Sheet 5. LESS additional right of way as recorded in Official Record Book 7476, Page 1150,of the Public Records of Seminole County, Florida. Being,more particularly described as follows BEGIN at the Southwest comer of the aforementioned additional right of way, said comer lying on the Northerly right of way line of said C,R..419 and the South line of said Lot 34.-thence run N 82'593G'W,along said Northedy right of way line,a distance of 1,18 9.23 feet to the point of curvature of a curve,concave Northerty,having a radius of 2,241-83 feet,a central angle of 11'22'01"and a chard bearing of N 77'1829"W,thence run along the arc of said curve an arc length of 444.76 feet to a point on the West line of Lot 35-thence run N 08'40'33"W,along said West line a distance of 47.99 feet;thence run S 40'04'5i E,a distance of 30.08 feet to a point lying 27.00 feet Northerly of the Northerty right of way line of said C.R.419,said point also being a point on a curve, concave Northerly,having 2 radius of 2,214.83 feet,2 central angle of 11`16'06"and 2 chord bearing of S 77*21'27'E,thence run along the arc of said curve,running parallel with and 27-00 feet North of said Northerly right of way line an arc length of 435.59 feet,- thence confinue along said parallel line S 82'59"30'E,a distance of 1,157.22.feet to 2 point on the West line of the aforementioned additional fight Of Way;thence run S 06'5624'E,along said West line a distance of 17.83 feet;thence run S 20°14'43"W a distance of 1f.OG feet to the Point of Beginning. K?4 FY Dare 7.3121113- E,,X(',,HA,,A,1GE 81"ATEMENT 14GE CLOSWGa-- DATE OF EXCf-'A, FIRST PARTY., City of Winter Springs,a Florida municipal corporation 1126 East State Road 434 Winter Springs,Florida,32708 SECOND PARTY: BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND OF THE STATE OF FLORIDA 3900 Commonwealth Boulevard, Mail Statiort 115 'I-Wfahassee,Ftorlda 12399-3000 EXHIBIT A Fee Simple Convoyarace from FIRST PARTY to SECOND PARTY 141 IT"8 Fee Simple Conveyance front SECOND PARTY to FIRST PARTY Consideration Received;(Value of land described ln, Exhibit B attached hanno) Equals; Exhibit A affachad hbreto) Expenses for the Conveyance of Exhibit'A"lend&: Title Insurance: (To American Government Services from First Party) 7j: Title Search and Closing Fee: (To American Government Semoes from Fircl Party) Recoraft Fees; (To Seminole County Clark of Court frorn First Party) Warranty Deed Recreational Trail Use and fulaintenence Easement TOTAL EXPENSES EXHIBIT A LANDS: Expenses for the Convoyarwa Exhibit"B"liimds' Recording Fees: (To Seminole County Clerk of Courl,from First Partyl Ouft Chorn Deed TOTAL EXPENSES EXHIBIT 6 LANDS,, Total Expenses Due from First ParOr for this Transaction Total Expenses Due front Second Party for this transaction; Page I of is EXCHANGE'CLOSING STATEMENT Total Cash Dua FROM Fhst Party: $Ij M17 TaIM Cash Due TO Second Party: $111M, Survey POC by Flnut Party to Southeastern Surveying and Mapping In it*amount of $9,301.00. ESA Report POO by First Party to Intartok-PS1 In the amount of$2,800,00. APPROVED AND ACCEPTED M FIRST PARTY. City of Wto Springs,a Florida murfldpal corporation a;�K 7ailth, it y-t-4-a—r-i g e r EI S Date Executed: SECOND FIAR.re: BOARD OF TRUSTEE-S OF THE,.IWTERNA".IMPROVEMENTYRU5T FUND Ori'HE STATE OF FLORIDA BY: DIVISION OF STATE LANDS, DEPARTMENT OF ENVIRONMENTAL PROTECTION as agent for and on bahalf'of the Board of Trustees sal' the Internal Improvement Truirt Furid of the State of Florida A, Date Executed. The Settlement Statement,which I have proparvd.is r,true avid accurate account of funds disbursed for ibis transuction, By: Seftkunent Agent Page 2<')f 5 EXCHANGE CLOSIING S'I'ATEMIENT Total Cash Due FROM First Party: $1,177.17 Total Cash Due TO Second Party., $0.00 Survey POC by First Party to Southeastern Surveying and Mapping in the amount of $9,301,00, ESA Report POD by First Party to Intertak-PSI in tho amount of$2,800,00, APPROVED AND ACCEPTED BY: FiRST PARTY'� Ci!:y or Vvntoa Sp0nqs,a Florida fnunicipacorporatioc Ke�f4n L,Sull Clty Manager Date Executed, SECOND PARTY, BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMEN'TTRUST FUND OF THE STATE OF FLORIDA BY: MVIVON OF STATE LANDS, DEPARTNILN'T OF ENVIR',)NIXIENIA,1. "��KCYTE(,TiOPY, as agent for and on behalf of the Soard ofTrueta es of the Internal Improwment Trust Funt'i of the State of Fiodda Date Eeoutedc The Settlement Staternent,which I have prepwod,is a true and acuurate accouni of foods disbursed for this transaction, ��k=Lf Settlement Agient Page 2 of 5 EXHABIT"A" facet.A' a of Let 13 a# re Farm Addflkxi No.2,oQxrdirx g to bho pta4 oweel,m omc plat Book f;,f fpm 9 of tfa N&Ac acov e 0 far nrat wsp Canty f4toa�a brit y nxvo pivticua aaty dasfrollclvo,: Tfw,South 21,00 f«et of W 33,1pra,Wifroripof, Kyjenl voth arm"pasa sI v ra the WeJw+,l €i f ofwaylirre,of ,R.41S 2sshooii on Florida of Dapatoeat Ri9tr o�Way PI Scor t3fole ft 41$f, i f 770AI 2'ztfti,sheet 5. 'FSS the f"&P',,a @4"S 14 fee!t Ce.;;Ata.S,)1 I rAS ad",ixe o fkjfgI ('way as s r�,emrded ti's(Yffirwe Recoal$ o,4, 74'7t,t ac t;,11YI,of tfae ftn tas: O,,c ,d,„°) Sem v,4e{°w.mfy,f kxvI4 AND Pare f"13° 7r Mtoli of tuts 34 arrtrt 35,Errtrsunger f arwo Addition,No.x wxofdara,t to Ow pW t?aaood,,, raccoded is Mat E3"t,53 f'sa jo 9 the Flatau:Roctsrds W SeminoteCounty, ,VA,V Ptexttw-*cd the Northedy bghl of hf c4 Cs R.d 3!3 os shsmi on Fends of ea r t of Trmsportation Rightof Wgry W-4)for tM6 f eae rS:1 [can 77070-2566,Sheet 5 L.EM additional right of gray as rcaa in C06al Recoyd Book 7475„Page 11%of the Public Records of semisne county,hoods. BEEN m Vie r v"Aft fest urner-of Vera lase,a awaw J•wderllkn 4 rmjhi r4 vy,said rs r szr y l on the bkwthaerry kotif of mi),ilh all cont Ca P,41 ft oru:t if Sor fine*ra°&Akl t.cr'34,»hence wrr N t32'S9'30"1f1,a"s&KI NooWqly r fat 0 way kne,a ddiame of 1,10i4 23 WA to the 7a rft r cairvatture of o caws,corvrove Nor#uely,haVol e fodi fs of 2,141.53 feet a c eftl atm of 11*22'01's a chord beanof T7'18'2Sr ,f race wnstong die is e,dsaid were a;a arc $wVh of 444.76I&BI toint c iho ,t ie 0 N 35,thenm run N 08'40'33"�s °rac,uk Wusi tine to&,A;Am of 4e 99 feet,th enev run S 4 t#52"E,as drsLawz,of MOB fait to at pooil tyinrd 27.30 feet Norll-* ;ref the t'rtt ody 6ggW df err-aft Eno of said'C-P d ttt,as ft 2bao Wing a�s¢f(g) o¢r ren,concraw,N y Niav c a�trs�,of,r"14.53 feat,a WnLrd erzgha r„tF I t°I6;W"Pre!a er h "Zt is rtr el'S 7"7„21�7 7,Vfome non rayx;a2 tfwr serc of WO C"irv€r"nwlrffy„f p iel coth uW,27.(Y)(Ret Nodf of seid N V-twlyra fit of ra�!vl saw an sic Wvt*a of r„p 5d tf st. rhsaoct caro ar a nlrvo° a aid p araW- kic,S 82'5s:t3" ,z rfi)Mar, e of t,k 51 72 frit to«<papli r l C$ws weel li(le of 9, xi; ,r rwti xa t9 %7dot xt i fight of wafry;first r eur`3"16"'66 7yo"f",fx`zc g :,od airs€41, n dn''t n.a;6°l!63 fs.:fzt dmvm ag `fs 20-14 43 43"»q s,iM",rr,av fxg 10 C},b"'M to 6,v Point rC f oPgirae%rq Caxxas,a.ss.a,a, Etcge 3 of 5 That part of Lot 6,PfrioK W,f)A,f.0004 S4xvty of the Levy Grow as recorded in Nor lfDoh 1.Page 5 of the Pub5t;Reloords of$eivincle C:c+%jrity,Florida beiryj mm parhoularty alosioibed as(6110": Commamn at the Soofhwes(orn root wrnbr of ka 31,Sl Jorms Landing as reodrdbd 1r)Met Book,53,Peepoc 45-49,of it Public hie,=ds of Stimirotel Coanty,Pfoodv,said paint Wnge a nim,vored ormorolv.monumoni on[ho Feet Righl-of-Way of Tuskz%Oo Ropi;I(tanTrfirly fffvrd66y Aventhl)roc recorded in Wheel PeawiJ6 Bot,3226,Pope 1820 rat the Public i`uloordo of Seminole Courey,Fk3rida.-itunrce wri N IN along the Moterif,prolonyofloi of J* ,%uth line of said Let 31 to,a dalanoc of 15-DQ feet to 17he Earl RIVH-41-Play line of said Tustrowilla Steed;to mo n $30'04'5'VW ekwig maid E net Nghr-W4,iay line roy as ffirlan,,X,ril 1,104 Vi feat to a point ts"l a non4argiont ciave conoovo Northemistarty,Ifawing tar rat beanirgi of 09'1"S'Wood a radiur,of i,11U0 krel; ince roan SourtrNestatly eforip the arc of said curve and Sire We Right-of-Wey line of the forerner CSX Tran iportahom,Into,'Late Chp.rm Brenda"Reif Corridor,through a olentfol angle of 03*43'3Q'for a distarrel;of 72,76 feet to Ina Point of Es innilai;thence dopaqhV luird curve,pin N 74'32'10'E for a disionce,of 3 1.75 fieel to a point on a tum connave Norttromotedy,Fatting&tangent bvefirrd of S 112'18'20'W end a radius of 1,l3&99 ttnet;thence furl 6"thwomerly along too arc of maid Curve thfough as central ar,;W,,of 03°13`48'fix a difflafrica of K20 f"I,thonoo depa ding told tojive, fum 6 29'26't Y E for a d4herwt(If 10.07 Net,thanere,run 8 15'33'47"W tw o,rhvfoncd a! 035,90 ft-cu lhenct nariN W5WD5-w fvr rldPatance,of'l 1,32 Inel t0 m rx"dW w,0"t 810'rew"(d Wo�sledy r-'Ut;"hI-ofAN8y ffrte c f Jrr,fonvaCoX Trnirpo,fa k;ri,ori�,", 'LVev,,,,(.,harm Sm,va h'riot Co(d dor-,Om nce ro n N',',,`:y3 a7'E-'p i 4,�rg z a irj k iV lv of,W r y 1i ne,for v 41 acl N nre of 437431 f St f I P.poor'+f of urrvatuf6 oy o m>m'r;a V,r NoohwtrIe4y 6no fwo,ny a led as&of 1,,110.0t?fe&I Witince run Nolte ray Oonp the Eec of rvid ow=ro Virough k,ca s4 aq,,;;lc 7 02'3 V35"krf a dlvtooce at 4&9P feet to the Pol^.0i bagirufC Q Dew A Molt And (SEE NE1C1 PAGE FOR ADDITiONAL LEGA. DESCRIP1 ION,) T%F FTILOWING LANDS LOCITUD IN SE " .CN 35, TCWMMHXP 20 SUUT14 RKNOB 30 E&ST, REMINOLE CO4lNT7, PLORInV COKRllNCE' AT lliS' N(.%'R'FHl,A,ST CORNER OF COT 13, BUTZMINGER FARMS, ADDTTION 110, 2, ,A,CC0RDT0 TO TMS AlaT THERMOV RECORDED IM PLA"", BOOK S, PASE S, OP TMO PUS11C VBCORDS OF 23SMrNOLE CVJM'7, FlORTD& 'THENCE RUN 06205943"k, AlONG THE SOUTH RIGHT-OF-WAY LINE OF THS COX TRANSPORTATION--INC, PAIL CORRIZOR AND THE NORTlm LINE OF LOT 11, A DISTANCE OF V7,59 FTE'T TC) ThM 1­'GISIT OF' BROINNING, THENCE CONTINUR N.82'59'03'W_ AlYAG5', SAID Rlo6T-c,,F. WAY L7rV3 P0;0 THY' Nf,Ql`A LINE OF 1'AID LET 13, A DISTANCE OF FEET; 7MENCR CD GYN N,07"00'51"E , PERFUNDCULAR 75 I&ID RIGHT-CP WAY LINVA DISTAVCE UY 100 02 i=a 10 A i?LRT DN LINR NORTi� RIGHT-OF WAQ L314Z OF B40 HAIK COR3 J*R, TNENCE RON, 9,02'59 U10. , AlIMS SAID NOTTH 07NE A n)STANCE OF 33 .30 Plej 170 1mrLRsEcTfoH wilu 71E &oRllwRLV 0=010N OF THE NE57 s,,,Cy" OF—THE FhBT L43.24 FN ,6 OF LOT 33, 2NHNCE RUN 6.07'04 580. , A34MG SAID NORTHERLY EXTENSION FOR A T)lWPANCE OF 103,1C k,,rm 'T"I", 7%B STINT OF BEGINNING; LESS AM) RUTEPT ALL 5()VXRRJGl,VrY Page 5 of 5 TITLE,POSSESSION&LIEN AFFIDAVIT (CORPORATE) Kevin L. Smith ("Affiant"), being first duly sworn, deposes and says that Affiant on behalf of Seller(as hereinafter defined) makes these representations to the BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND OF THE STATE OF FLORIDA ("Purchaser"), and to American Government Services Corporation and Commonwealth Land Title Insurunce Company (collectively, "Title InNuit:i"), to induce Purchaser to purchase and title insurer to insure that certain real property described below,and Affiant further states: I That the Afflant is the City Manager of City of Winter Springs, a Florida municipal corporation("Seller")and in such capacity has personal knowledge of the matters set forth herein, and he has been authorized by the Seller to make this Affidavit on Seller's behalf. 2. Seller is the sole owner in fee simple and now in possession of the real property together with the improvemetits located thereon,if any,described as follows: See Exhibit "A" attached hereto and by this reference made a part hereof(hereinafter the "Property1f), 3. The Property is free and clear of all liens, taxes, encumbrances and claims of every kind, nature and description whatsoever, except for casements, restrictions, or other title matters listed in the schedule of exceptions in the title insurance policy to insure the fee simple title to the Property to be received by Purchaser in this transaction pursuant to the title commitment issued in this transaction. 4. To the best of Affiant's knowledge, there are no matters pending against the Seller that could give rise to a lien that would attach to the Property or cause a loss of title or impair the title between the last title insurance commitment effective date, and the recording of the fee simple title to be insured, and the Seller has not and will not execute any instrument that would adversely affect the fee simple title to be insured. 5. Seller has undisputed possession of the Property; there is no other person or entity in possession or who has any possessory right in the Property;and Seller knows of no defects in the fee simple title to the Property, 6, No "Notice of Commencement" has been recorded which pertains to the Property since the last title insurance commitment effective date, there are no unrecorded laborer's, mechanic's or materialmen's liens against the Property, and no material has been furnished to the Property for which payment has not been paid in full. 7. Within the past 90 days there have been no improvements, alterations, or repairs to the Property for which the costs thereof remain unpaid, and that within the past 90 days there have been no claims for labor or material furnished for repairing or improving the same,which remain unpaid. S. There are not due, or to come due, unpaid bills, liens or assessments for mowing, water, sanitary sewers, paving or other public utilities or improvements made by any governmental authority. Should any bill be found which relates to the period of Seller's possession, Seller will pay such bill upon demand. No notice has been received of any public hearing regarding future or pending zoning changes or assessments for improvements by any governmental authority. 9. To the best of Affiant's knowledge,there are no unrecorded deeds, agreements for deed,judgments, liens, mortgages, easements or rights of way for users,or adverse interests with respect to the Property. 10. If this is improved Property that Seller is the owner of,there are no claims,liens or security interests whatsoever of any kind or description against the furniture, fixtures, equipment and personal property located in the improvements on the Property and sold as part of this transaction, 11. There are no existing contracts for sale affecting the Property except for the contract between Seller and Purchaser, 12. To the best of Affiant's knowledge,there is no civil action pending which involves the Property in any way. 13. To the best of Affiant's knowledge,there are no federal tax claims,liens or penalties assessed against the Seller, 1 14. No proceedings in bankruptcy have ever been brought by or against Seller, nor has an assignment for the benefit of creditors been made at anytime,nor is there now in effect any assignment of rents of the Property or any part thereof, 15. Intentionally deleted, 16, That Seller is not a "non-resident alien" for Clic purposes of United States income taxation, nor is Scllcr a "foreign person" (as such term, is defined in Section 1445 of the Internal Revenue Code of the United States and its related Income Tax Regulations); that Seller understands that the certification made in this paragraph may be disclosed to the Internal Revenue Service by the,Purchaser;that any false statement contained in this paragraph could be punished by fine, imprisonment, or both; and that the information contained in this paragraph is true and correct and is provided under penalties of perjury. 17. Intentionally deleted. 18, This Affidavit is executed in duplicate,each of which shall be considered an original,with one original to be delivered to the Purchaser and one original to be delivered to the title insurer. THIS AFFIDAVIT'is made pursuant to Section 627.7842,Florida Statutes, for the purpose of inducing the Purchaser to close and the title insurer to insure the fee simple title to the Property and to disburse the proceeds of the sale pursuant to the terms of the contract between Seller and Purchaser. Seller intends for Purchaser and the title insurer to rely on these representations, City of Winter Springs, a Florida municipal corporation BY: Keity Manager 1V L.Smith, STATE OF COUNTY OF C— The-roregoing was sworn to and subscribed before me thisJ _ day of 2019, by Kevin L. 4 11 Smith,as City Manager of City of Winter Springs,a Florida municipal corl)oraiion,'on behalf of said company. Such person(Notary Public must check applicable box): [--4-<personally known to me produced their current driver license produced as identification. NOWY PUNIC SUte ofFWdl 1 , fw5, Andme Lomnzo-Luaces ublic V My ComrMulon FF 218019 (Printed,Typed or Stamped Name of Notary Public) (NOTARY PUBLIC SEAL) Commission No. My Commission Expires: �t APPRO 2 ,;ARTMENT TTORN- EXHIBIT"A" Parcel®A" A portion of Lot 33,Entzrninger Farms Addition No.2,according to the plat thereof,recorded in Plat Book 5, Paye 9 of the Public Records of Seminole County, Florida being more particularly desenbed as follows: The South 27-00 feet of Lot 33;lying Northerly of,coincident with and parallel with the Northerly 'Vht of way line of C.R.419,as shown on Rorida of Departnent of Transportation Right of Way ap for to Road 419,Section 7'7070-25M,Sheet 5. LESS the East 143.14 feet thereof;ALSO LESS additional fight of way as recorded in Official Record Book 7476,Page 1150, of the Public Records of Seminole County,Florida, AND Parcel"B" A portion of Lots 34 and 35,Entzminger Farms Addition No.2,according to the plat thereof, recorded in Plat Book 6,Page 9 of the Public Records of Seminole County, Florida,1)fing Northerly of the Northerly right of way fine of C.R.419 as shown on Florida of Department of Transportation Right of Way Map for State Road 419,Section 77070-2506, Sheet 5. LESS additional right of way as recorded in Official Record Bock 7476, Page 1150,of the Public Records of Seminole County, Florida. Being more particularly described as follows: BEGIN at the Southwest comer of the aforementioned additional right of way,said comer lying on the Northerly right of way line of said G.R.419 and the South line of said Lot 34;thence run N 82'59'30'W,along said Northerly right of way line,a distance of 1,18923 feet to the point of curvature of a curve,concave Northerly,having a radius of 2,241.83 feet,a central angle of 11*22'01"and a chord bearing of N 77'18'29'W,thence run along the arc of said curve an arc length of 444.76 feet to a point on the West fine of Lot 35;thence run N 08*40'33"W,along said West line a distance of 47.99 feet;thence run S 40"04*52'E,a distance of 30.08 feet to a point lying 27.00 feet Northerly of the Northerly right of way line of said C.R.419,said point also being pointa on a curve, concave Northerly,having a radius of 2,214-83 feet,a central angle of 11'16 b"and a chord bearing of S 77"21'27'E,thence run along the arc of said curve,running parallel with and 27.00Ifeet North of said Northerly right of way line an arc length of 435.59 feet; Uvnce continue along said parallel line S 82'59'30*E,a distance of 1,11 87.22 feet to a Ont on the West line of the aforementioned additional right of way-,thence run S 06'56'24'E,along said West line a distance of 17.83 feet; thence run S 20'14'43"W a distance of 10-00 feet to the Point of Beginning. Date:7.31209 9 3 ENVIRONMENTAL AFFIDAVIT Kevin L.Smith("Affiant"),being first duly sworn,deposes and says that Affiant on behalf of Seller(as hereinafter defined) makes these representations to the BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND OF THE STATE OF FLORIDA ("Purchaser"), and Affiant further states to Seller's actual knowledge-, 1. That the Affiant is the City Manager of City of Winter Springs, a Florida municipal corporation ("Seller")and in such capacity has personal knowledge of the matters set forth herein,and he has been authorized by the Seller to make this Affidavit on Seller's behalf. 2, That Seller is the sole owner in fee simple and is now in possession of the following described property together with improvements located thereon located in Seminole County,Florida,to-wit: See Exhibit "A" attached hereto and by this reference made a part hereof (hereinafter the"Property"). 3. That Seller is conveying the Property to BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST"FUND OF THE STATE OF FLORIDA. 4. For purposes of this Affidavit the term"Environmental Law"shall mean all federal,state and local laws,including statutes,regulations,ordinances,codes,rules,judgments,orders,decrees,permits,concessions,grants, franchises, licenses, agreements and other governmental restrictions relating to the protection of the environment or human health, welfare or safety, or to the emission, discharge, seepage, release or threatened release of any contaminant,chemical,waste,irritant,petroleum product,waste product,radioactive material,flammable or corrosive substance,explosive,polychlorinated biphenyl,asbestos,hazardous or toxic substance,material or waste of any kind into the environment, including, without limitation, ambient air,surface water,ground water, or land, including,but not limited to,the Federal Solid Waste Disposal Act,the Federal Clean Air Act, the Federal Clean Water Act,the Federal Resource and Conservation and Recovery Act of 1976,the Federal Comprehensive Environmental Response, Compensation and Liability Act of 1980, the Federal Superfund Amendments and Reauthorization Act of 1986, Chapters 161,253,373,376 and 403,Florida Statutes,Rules of the U,S.Environmental Protection Agency,Rules of the Florida Department of Environmental Protection,and the rules of the Florida water management districts now or at any time hereafter in effect. For purposes of this affidavit the term "Hazardous Materials" shall mean any contaminant,chemical,waste,irritant,petroleum product,waste product,radioactive material,flammable or corrosive substance, explosive, poly-chlorinated biphenyls, asbestos, hazardous or toxic substance, material or waste of any kind,or any other substance which is regulated by any Environmental Law. 5. As of the date of Seller's conveyance of the Property to BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND OF THE STATE OF FLORIDA, Seller warrants and represents to Purchaser,its successors and assigns that: (i) Seller acquired fee title to the Property on March 21,2018("Seller's Acquisition Date"), (ii) Seller has provided Purchaser with a copy of the Phase I ESA report dated July 20,2018,prepared by Professional Service Industries, Inc., which report revealed evidence of recognized environmental conditions (REC)that have potential to impact the Property. Seller has reviewed the memorandum from James Parker,Division of State Lands,Office of Environmental Services dated September 21,2018,which is attached hereto as Exhibit 111311 .("DEP Memorandum"). The DEP Memorandum addresses the RECs identified in the Phase I ESA report dated July 20,2018,and previous assessments including a 2016 Phase H ESA as noted therein(together the Phase I ESA and the DEP Memorandum shall be referred herein as,the"Environmental Report"). (iii) Seller has not placed,or permitted to be placed,any Hazardous Materials on the Property since the Seller's Acquisition Date,and, to the best of Afflant's knowledge,no other person or entity has placed,or permitted to be placed,any Hazardous Materials on the Property except as may be expressly stated in the Environmental Report. (iv) To the best of Afflarit's knowledge,except as may be expressly stated in the Environmental Report, there does not exist on the Property any condition or circumstance which requires or may, in the future, require cleanup, removal or other remedial action or other response under Environmental Laws on the part of Seller or a subsequent owner of all or any portion of the Property or which would subject Seller or a subsequent owner of all or any portion of the Property to liability,penalties,damages or injunctive relief, I (v) To the best of Affiant's knowledge,except as may be expressly stated in the Environmental Report, no underground treatment; buried, partially buried or above ground storage tanks, storage vessels, sumps, drums, containers,water,gas or oil wells,or landfills are or have ever been located on the Property, (vi) Seller, and to the best of Affiant's knowledge, except as may be expressly stated in the Environmental Report, any other person or entity that has owned, occupied or possessed the Property, has never violated,and is presently in compliance with,all Environmental Laws applicable to the Property, (vii) To the best of Affiant's knowledge,no warning notice,notice of violation,administrative complaint, judicial complaint or other formal or informal notice has been issued to the Seller by any federal, state or local environmental agency alleging that conditions on the Property are in violation of any Environmental Law, (viii) To the best of Affiant's knowledge, Seller is not subject to any judgment,decree,order or citation related to or arising out of Environmental Laws,and Seller has not been named or listed as a potentially responsible party by any governmental body or agency in a matter arising under any Environmental Law, 6. That Affiant makes this Affidavit for the purpose of inducing Purchaser to purchase the Property, and Affiant acknowledges that Purchaser will rely upon the representations and warranties set forth in this Affidavit. City of Winter Springs,H Florida municipal corporation BY: Key(n L.Smith, Maringer STATE OF 71,.g COUNTY OF A_ The foregoing was sworn to and sub'scribed before me this <TL- day of 2019,by Kevin L. Smith, as City Manager of City of Winter Springs, a Florida municipal corporation, on behalf of said company. Such person(Notary Public must check applicable box): [-J<i personally known to me produced their current driver license duced as identification, Notary Pubk Gute of FWAs Andres Lorenzo-Luson My Commaslw FF 2100119 N tic Public 10t; Expir"05109/2019 (Printed,Typed or Stamped Name of Notary Public) (NOTARY PUBLIC SEAL) Commission No.: My Commission Expires; APPROVE,A TC F M Nr PE AL 2 EXHIBIT"A" Parcel'A" A portion of Lot 33,Entzminger Farms Addition No.2,according to the plat thereof,recorded in Plat Book 5, Page 9 of the Public Records of Seminole County, Florida being more particularly described as follows: The South 27.00 feet of Lot 33;lying Northerly of,coincident with and parallel with the Northerly right of way line of C.R.419, as shown on Florida of Department of Transportation Right of Way Map for State Road 419, Section 77070-2506,Sheet 5_ LESSthe East 143.14 feet thereof;ALSO LESS additional right of way as recorded in Official Record Book 7476, Page 1154,of the Public Records of Seminole County, Florida. AND Parcel'B' A portion of Lots 34 and 35,En Inger Farms Addition No.2,according to the plat thereof, recorded in Plat Book 5, Page 9 of the Public Records of Seminole County, Florida,lying Northerly of the Northerly fight of way line of 0.12.419 as shown on Florida of Department of Transportation Right of Way Map for State Road 419, Section 77070-2506, Sheet 5, LESS additional right of way as recorded in Official Record Book 7476, Page 1150,of the Public Records of Seminole County, Florida. Being mom particularly described as follows. BEGIN at the Southwest comer of the aforementioned additional right of way, said corner long on the Northerly right of way line of said C-R-419 and the South line of said Lot 34;thence run N 82'69'30"W, along said Northerly right of way line,a distance of 1,189.23 feet to the point of curvature of a curve, concave Northerly, having a radius of 2,241.83 feet,a central angle of 11 022'01'and a chord bearing of N 77'18'29'W,thence run along the arc of said curve an arc length of 444.76 feet to a point on the West line of Lot 35;thence run N 08*40'33'W,along said West line a distance of 47.99 feet;thence run S 40'04'52' E.a distance of 30.08 feet to a point lying 27-00 feet Northerly of the Northerly right of way line of said G.R.419,said point also being a point on a curve,concave Northerly,having a radius of 2,214.83 feet,a central angle of 11*16'06"and a chord bearing of S 7721*27'E.thence run along the arc of said curve, running parallel with and 27.00 feet North of said Northerly right of way line an arc length of 435.59 feet; thence continue along said parallel line S 82'59'30' E,a distance of 1,187.22 feet to a point on the West line of the aforementioned additional right of way-, thence run S 06*56'24"E,along said West line a distance of 17.83 feet thence run S 20'14'43"W a distance of 10A0 feet to the Point of Beginning. Wtc7,31.201B EXHIBIT,6$„ [ILEI' Memorandum] FLORIDA DEPARTMENT OF 6io rnor Environmental Protection CarlosLoper.Caatera ` It.Gwemor �. , ����q Mer ary Staterrran Dot�lss B� o �� DO G�mmonr�ar h 6ouieyard Noah Volenstein G 'o Vass°°.Maida 32399.3000 Sacreteuy MEMORANDUM TO: Sandra Ray -Division of State Lands,Bureau of Real Estate Services(BRES) FROM: James Parker--Division of State Lands,Office of Environmental Services (UES) t StJBJEC:T: Phase I Environmental 'LL-,Asscs1rQ tom&}Approval Project, Cross Seminole Trail Owner: Phillips Property Acres� L5 Parcel TD; 34-20-30-5AW-0000-0340 and 34-20-30-5AW-0000-0340 .GATE: September 21,2018 I have completed a review of the Phasc I ESA report for the Subject Property initially submitted by Professional Services Industries, Inc.(PSI)on June '12,2018,with revisions submitted on September 13,2018. The ESA report was certified to the Board of Trustees of the Internal Improvement Trust Fund,adhered to the Division of State Lands scope of services required in performing Phase I Environmental Site Assessments,and was performed in accordance with the scope and limitations of the American Society of Testing and Materials(ASTM)Standard El 527-13, This assessment has identified recognized environmental conditions(RBC)that have potential to impact the Subject Property; Previous assessments including a Phase 11 ESA,supplemental Phase 11 ESA activities,a Technical Memorandum Concerning Distribution of Benzo(a)Pyrene "toxicity Equivalent Quotient(BaP TEQ),and follow-up conversion tables were completed by The Environmental People,Inc.(TEP)in October 20M,February 2017,and April 2017,TEP testing parameters included polynuclear aromatic compounds('PAHs)to evaluate areas of suspected street sweeping material for BaP TEQ concentrations, The supplemental efforts confirmed the presence of" BaP TEQ concentrations in soil above the Chapter 62-777,Florida Administrative Code(FAC)Direct Exposure-Residential(DE-1)and/or Direct Exposure- Commercial/Industrial(DE-11)Soil Cleanup Target Levels(SCTLs)at each of the four(4)locations evaluated,The presence of'BaP TEQ compounds in the soil appeared to be limited to areas where fill was placed,as well as suspected areas where street sweeping materials were used to fill in low areas.The vertical distribution of the BaP TEQ impacts at some locations was reported to depths of'4 4 feet below ground surface.Given that BaP TEQ impact was reported in the soil on the Subject Property,it is considered to be evidence of a REC in connection with the Subject Property at this time, To address this REC,PSI recommended further assessment to define the horizontal and vertical extent of PAHs in soils at the Subject Property. P is the opinion of OES,the additional assessment recommended will not be necessary for the following reason: Based on review of the previous assessments by the Division of Waste Management the vertical and horizontal distribution of the reported concentrations do not indicate any particular pattern associated with a specific release to the environment of PAHs.Additionally,the United States Environmental Protection Agency(EPA)has recently updated the Integrated Risk Information System(IRIS)with findings regarding the toxicity for BaP.As a result,an alternative recreational SCTL for BaP can be calculated.The result is that the BaP concentrations found in soil at the Subject Property are less than the updated value for recreational land use which would apply to the Cross Seminole Trail, Please be aware that this Phase I ESA will be viable for a period of 180 days from the date of the report. Therefore,the Board of Trustees must acquire title to the property on or before January 16,2019. Acquisition after this date will require,at a minimum,an update to the Phase I ESA. Should you have any questions or need further explanation,please contact me at 245- 3045(ext.53045). 5 0 co li o C 0 0 L)o 0 N C: ecords of Seminole County, Florida being more particularly described as follows: ,n on the Florida Department of Transportation Right of Way Map for State Road 419, Section 77070--2506, Sheet 5. Public Records, Seminole County, Florida. O 2' Public Records of Seminole County, Florida, lying Northerly of the Northerly right of way line of C.R. 419, Section 77070-2506, Sheet 5. A C.R. 419 and the South fine of said Lot 34; thence run N 82'59'30" W, along said Northerly right-of-way line, a distance of 1189,23 ,rd bearing of N 77*18'29" W, thence run along the arc of said curve an arc length of 444.76 feet to a point on the West line of Lot 35; 10 Cd int lying 27.00 feet Northerly of the Northerly right of way line of said C.R. 419, said point also being a point on a curve, concave 1�4 arc of said curve, running parallel with and 27.00 feet North of said Northerly right of way line an arc length of 435.59 feet; thence 31 right of way; thence run S 06'56'24" E, along said West fine a distance of 17.83 feet; thence run S 20*14'43" W a distance of 10.00y 00 0 0 E- Cd 4J M 0 0 4J :;�0 as w and construction plans furnished to the surveyor. Additional sub-surface utilities may exist that have not been field located. Cd 0 ;.4 Records. incorporated into this drawing with appropriate notation. Other easements may be discovered by a search of the Public d 4 E- 0 ci U � -4 4-) 04J— M S-4 ofessional Surveyors and Mappers in Chapter 5J-17 requirements of Florida Administration Code, The map and nneosurem��nt methods 0 4J U -4 !cimals thereof. 0 Q Q r=4 co 45 0 0 0 In 1,4 sensed Surveyor and Mapper. 0 0 >1 ent of the signing party or parties. ind distances shown hereon are measured unless otherwise noted. 11D number AK7129 and is relative to North American Datum of 1983 (NAD83), 2011 adjustment, State Plane Coordinate System, 4) and all recorded survey related encumbrances, except liens, identified in Schedule B - Section 2 of the title insurance commitment 4-e a legal opinion as to their affecting or not affecting the subject parcel therefore the surveyor is not qualified by low to render DRAWING NUMBER described parcel boundary have been located. 62409001 and information obtained on the Seminole County Property Appraisers web site. SHEET 3quare feet or 1,36 acres, more or less. NUMBER No attempt was made by this Surveyor to verify its accuracy. OF is strictly prohibited and restricted. Surveyor is responsible only to those certified and hereby disclaims any other liability and SHEET / 0 C111 II ON "09-009Z EXCHANGE I.DWG" V) orl 4d ed 0 ADDITION NO. 2, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 5, PAGE 9, OF 59'03"W., ALONG THE SOUTH RIGHT—OF—WAY LINE OF THE CSX TRANSPORTATION, INC. RAIL TO THE POINT OF BEGINNING. THENCE CONTINUE N.82*59'03"W., ALONG SAID RIGHT—OF—WAY THENCE RUN N.07'00'57"E. PERPENDICULAR TO SAID RIGHT—OF—WAY LINE, A DISTANCE OF a to \IL CORRIDOR; THENCE RUN S.82'59'03"E., ALONG SAID NORTH LINE A DISTANCE OF 31.30 FEET $4 M THENCE RUN S.07*04'58"E,, ALONG SAID NORTHERLY 06 OF THE EAST 143.14 FEET OF LOT 33; 00 Sr 0 0 by utility company representatives, surface features and construction plans furnished to the M eld located. been furnished to the surveyor by others have been incorporated into this drawing with f the Public Records. ANDARDS OF PRACTICE set forth by the Board of Professional Surveyors and Mappers in measurement methods used for this survey meet or exceed this requirement. The dimensions A� 0 mature and the original raised seal of a Florida Licensed Surveyor and Mapper. IL4 P4 0 0 � 4 g party or parties is prohibited without written consent of the signing party or parties. tio Right of Way, being South 82'21'13" East. d. 04 point with designation "GIS 0131 KAREN MCKEE", PID number AK7129 and is relative to C/) )ordinate System, Florida East Zone. Distances shown are GRID distances. e opinion or title commitment. A title search may reveal additional information affecting the 4-4 4-) iis survey or in the immediate vicinity of the above described parcel boundary have been 0 >' ntation, recorded plats, recorded Right of Way Maps, and information obtained on the 0 CJ0 ,eyor, and was compiled using latest available data. No attempt was made by this Surveyor DRAWING NUMBER 62409003 SHEET y other use, benefit or reliance by any other party is strictly prohibited and restricted. NUMBER ler liability and hereby restricts the rights of any other individual or firm to use this survey, OF