HomeMy WebLinkAbout2009 12 14 Consent 200.2 Authorization To Execute Quit Claim Deed From St. Johns River Water Management District - Solary Canal COMMISSION AGENDA
CONSENT X
INFORMATIONAL
ITEM 200.2 PUBLIC HEARING
REGULAR
December 14, 2009
MGR /DEPT
Meeting uthorization
REQUEST: The Public Works Department requests the City Commission's authorization to
execute a Quit Claim Deed from the St. Johns River Water Management
District for acquisition of the 28.9 acre property for the Solary Canal Regional
Stormwater Treatment Area
PURPOSE: To request the City Commission's authorization to execute a Quit Claim Deed from
the St. Johns River Water Management District (SJRWMD) for acquisition of the
28.9 acre property for the Solary Canal Regional Stormwater Treatment Area,
located on the east side of DeLeon Street in the City of Winter Springs.
CHRONOLOGY:
Nov. 27, 2000 Annexation of Subject Property (Ordinance 2000 -40). Seminole County and
the City of Oviedo formally objected to the annexation. Rezoning was never
adopted.
January 2005 Purchase of Property by SJRWMD from Tom Minter.
Sept. 10, 2007 Adoption of Ordinance 2007 -06 changing the FLUM designation from
(Seminole County) Rural -3 to (Winter Springs) Public /Semi Public.
Aug. 11, 2008 Application received for Rezoning from (Seminole County) A -3 to (Winter
Springs) R -C 1.
Aug. 11, 2008 Conditional Use Application received requesting development of the
property as a stormwater management facility under the `R-C1' zoning.
Aug. 14, 2008 Adjacent property owners within 150' notified by regular mail
Aug. 19, 2008 Staff review
Aug. 21, 2008 Public Noticing in Orlando Sentinel of LPA Public Hearing
Sept. 3, 2008 P &Z held a Public Hearing and made recommendation to Adopt Ord. 2008-
12
Sept. 4, 2008 BOA held a Public Hearing and made recommendation to Approve the
Conditional Use request
Sept. 22, 2008 Commission approval of Final Engineering
May 11, 2009 Commission adoption of the Lake Jesup TMDL Master Plan
December 14, 2009
Consent Agenda Item #200.2
Page 2 of 3
CONSIDERATIONS:
The Solary Canal project is a proposed regional Stormwater Treatment Area located on a
28.9 -acre property at 1900 DeLeon Street in the northeast corner of the City of Winter
Springs (see Exhibit A). Final Engineering for the project was approved by the City
Commission at the September 22, 2008 Commission meeting. Project construction is
funded entirely by SJRWMD up to $1,700,000. Please refer to agenda item 200.1 on the
December 14, 2009 Commission meeting agenda for the construction funding agreement
between the City and the District.
SJRWMD requires that the land be transferred to the City prior to construction. This agenda
item requests the City Commission's approval to execute the "Consent of Grantee" section
of a Quit Claim Deed transferring ownership of the 28.9 acre property from SJRWMD to the
City.
The conditions of the Quit Claim Deed have been finalized through discussions between the
City Attorney and SJRWMD's attorney. Please refer to conditions 1 through 6 on the
enclosed Quit Claim Deed.
The Solary Canal project is currently planned as a partnership between SJRWMD, Seminole
County, the City of Oviedo, and the City of Winter Springs. SJRWMD will fund the entire
cost of construction, and the three local agencies (Winter Springs, Oviedo, and Seminole
County) are planning to equally share in the annual operation and maintenance costs for the
project, including all costs associated with property ownership.
An Interlocal Agreement between Winter Springs, Oviedo, and Seminole County for
operation and maintenance of the project and the property is currently being finalized and is
expected to be submitted for City Commission approval in January 2010.
The Solary Canal project is a key component of the City's Lake Jesup TMDL Master Plan,
which was adopted by the City Commission at the May 11, 2009 Commission meeting. The
City has a state mandated obligation to remove approximately 729 pounds of phosphorous
from surface water discharges (stormwater runoff) to Lake Jesup over the next 15 years. If
the long -term maintenance costs and responsibilities for the Solary Canal project are shared
equally by Winter Springs, Oviedo, and Seminole County, the City of Winter Springs will
receive TMDL credit for 230 pounds of phosphorous removed per year. Additional TMDL
credits could be available if Oviedo and /or Seminole County decide to not participate in the
project. The total annual maintenance costs have been estimated to be $60,000 per year,
which if split three ways would be $20,000 per year for Winter Springs. At this amount the
Solary Canal project provides the most cost effective opportunity for the City of Winter
Springs to help meet its Lake Jesup TMDL obligations.
FUNDING:
No funding is requested.
2
December 14, 2009
Consent Agenda Item #200.2
Page 3 of 3
RECOMMENDATION:
Staff recommends the Commission provide authorization to execute a Quit Claim Deed
from the St. Johns River Water Management District (SJRWMD) for acquisition of the 28.9 acre
property for the Solary Canal Regional Stormwater Treatment Area, and authorize the City
Manager and City Attorney to prepare and execute any and all applicable documents.
ATTACHMENTS:
1. Exhibit A Solary Canal Project Location Map
2. Exhibit B Quit Claim Deed
3. Exhibit C Sketch and Legal Description
COMMISSION ACTION:
3
EXHIBIT B
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
THIS QUIT -CLAIM DEED, executed this day of 2009, 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
(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
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:
SEE EXHIBIT "A" ATTACHED HERETO AND BY REFERENCE
MADE A PART HEREOF.
GRANTOR represents that Grantor has never resided on the above described property
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
based 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 a 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 reverter 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.
ST. JOHNS RIVER WATER
MANAGEMENT DISTRICT
ATTEST: SUSAN N. HUGHES, CHAIRWOMAN
(SEAL)
HERSEY "HERKY" HUFFMAN, SECRETARY
STATE OF FLORIDA
COUNTY OF
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.
WITNESS my hand and official seal in the State and County last aforesaid this
day of 2009.
NOTARY PUBLIC
Print Name:
STATE OF FLORIDA
COUNTY OF
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 2009.
NOTARY PUBLIC
Print Name:
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, FLORIDA
By:
PRINT NAME:
Attest:
Date:
By:
Clerk to the City of Winter Springs
City Commissioners
lei 'EXHIBIT C IN
NV CORNER OF
SEC. 3, T 21 S, R 31 E.
FOUND 4'x4' CONCRETE
MONUMENT WITH DISK
LABELED 'PRM LB 6393' BARBED WIRE FENCEING ON OR NEAR PROPE LINE HOWARD AVENUE
ORTH LINE OF NW 1/4 OF SECTION 3 (PAVED PUBLIC ROAD)
N n G N. 89.55'57' W. N. 89 W.
c 820.57' 3Oa.uu'
FOUND 1' IP N/C 480.00'
0.16 S., 3.17 V. PPARNT RAD R BARBED E MIRE Or ENCEING
FOUND 1' IP N/C
N
ON OR NEAR R/W LINE
in IA
ti 0.06 S., 2.06 V. AR
,.•T 33S.E3'
a NOTES 1p•1C ONE 3
el
c d o Z Zo POLE BARN AND STORY oc
o
tizz u u i OTHER IMPROVEMENTS CON BLOCK
I ei RESIDENCE
U 6 o C F NOT LOCATED PARCEL '1' a
Li a w z NOTE. 1' y
W o_ VARIOUS CROSS C4,5„. I 6
FENCES NOT LOCATED
z r w O W n� d w
u J a4 28,90 ACRES (TOTAL) w 4
zzi g 3 Ix 2821 ACRES UPLANDS (ESTIMATED) Lai- Wra°
a.
IN 0 3 W 659.60' a w h o c
w a s c I BARBED WIRE FENCE k i a to N 6
a te a Li z FOUND 1' IP N/C 1't SOUTH OF LINE o ZZ a
1 1 LA-7 oi 1.99 S., Obi V.�I S. 89 E. i Lill
y u B B FA kb- z
r in w P ARCEL '2' 330.00' 310.00' Q
w Q R ti Q tr
Z '1 a a w o BARBED WIRE FENCE FOUND D 1' IP N/C rOUND 1' IP N/C
u- L ti ?z' l't WEST OF LINE 0.87 S., 0,47 W. 0.11 S., 9.65 V.
H w w w o NOT IMPLODED I
Q a sac a w I w
w z u u FOUND 1' IP N/C E
c 2 2 z 0.44 S., 1.35 V. z 66400'
z 1; FOUND 1' IP N/
u i1 o 0 0b4 S 0.55 V.
660 330.00' _310.00'
WI w o S. 89 E. 132 .31' S, 89 E.
FOUND 1' IP N/C
0.13 EAST SOUTH LINE OF THE NV 1/4 OF NW 1/4 OF SECTION 3
BARBED WIRE FENCING ON OR NEAR PROPERTY LINE
DESCRIPTION: BOUNDARY SURVEY
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 of record.
NOTES: Not valid without the signature and the original raised seal of a Florida licensed surveyor and mapper.
SCALE: 1' 200' JOB NO: 048468 180E1®Y MEV= to the parties listed hereon that
the drawing =Fremont. aurw7 mad. by ma or my
vepreeenta sea. In aeoordanoo with the Information
FILE: S 3, T 21 S. R 31 E DATE: NOVEMBER 17, 2004 suppled to me. by said parties. without benefit of a
WM MEDIUM
marc=MODh unless AL ppd.a SUR and roosts the
FOR ST. JOHNS RIVER WATER MANAGEMENT DISTRICT of Florid&, es Board
set forth h� the tt P r." Lend
WRIGHT, FULFORD, MOORHEAD B, BROWN, P.A. Burman 1a Chapter 61017 of the Florida Administrative
Cade). and I further OHM that I have eomoultad th.
FIDELITY NATIONAL TITLE INSURANCE COMPANY OF NEW YORK Federal Emergesay Management Amory' Flood Inman..
JAMES EDWARD MINTER, WILLIAM THOMAS MINTER and Bat. Map for this sass and found that tWE prap.rty Me
SUSAN J. MINTER In need AE 6, X.
PHILLIP E. HAMPTON PLS
"CONSULTING LAND SURVEYING SERVICES" PHILLiP 'TON,
293 CRYSTAL CIRCLE. OVIEDO. FLORIDA. 32765 PROFESSIONAL LAND BUBVnoB
PHONE (407) 385 -8091 FAX (407) 971 -1931 STATE OF PWRIDA
LA, 2004 -04 '1rre,e FI -L Sc/RVFY
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
THIS QUIT -CLAIM DEED, executed this _ day of , 2009, 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 "):
(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
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:
SEE EXHIBIT "A" ATTACHED HERETO AND BY REFERENCE
MADE A PART HEREOF.
GRANTOR represents that Grantor has never resided on the above - described property
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 -
based 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 a 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 reverter 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.
ST. JOHNS RIVER WATER
MANAGEMENT DISTRICT
ATTEST: SAN N. HUGHES, 4 IRWOMAN
(SEAL)
IRA • &b
HERSEY " � FFMA - TARY
STATE OF FLORIDA
COUNTY OF Pukto A
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.
WITNESS my hand and official seal in the State and County last aforesaid this 5 44-1
day of De , 2009.
Villtrld A0,, 01
Pie NOTARY PUBLIC
Sandra L. Bertram Print Name: Q ""
7, Commission #DD480525 5ctrY�ra- L 1 k�Y�
j Expires January 29, 2010
- fop 1 Ienu1 Troy Rain = Inwm o, Ina 10041$1011
STATE OF FLORIDA
COUNTY OF , \o kuS i CL-
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.
4*-
WITNESS my hand and official seal in the State and County last aforesaid this ∎ I
day of a e P.es r , 2009.
WrnLL
le: NOTARY PUBLIC
r�D. Print Name: L.cota�. � � Son
4 MY DOMM ION N DO 893473
+Iff,. ; Bonded Notary July 21, 2013
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, FLORIDA
By: - i? ' 4114/
INT NAME: John F. Bus
Attest: 201
Date: January 7 , _ ____
B : ∎.n
•
e k T. the City of Winter Springs
City Commissioners
•
EXHIBIT "A"
•
•
PARCEL 1:
The NW'/, 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 '4 of the NW /, 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 of record.
Further described as follows:
BEGIN at the Northwest Comer of Section 3, Township 21 South, Range 31 East, Seminole
County, Florida, and run South 00 degrees 00 minutes 47 seconds East, along the West line of
said Section 3, 1144.00 feet to the Southwest corner of the Northwest one quarter of the
Northwest one quarter of said Section 3, run thence South 89 degrees 52 minutes 43 seconds
East, along the South line of said Northwest one quarter of the Northwest one quarter, 660.31
feet to a point 660.00 feet West of the East line of' said Northwest one quarter of the Northwest
one quarter, run thence North 00 degrees 00 minutes 01 seconds East, along a line parallel to and
660.00 feet West of said East line, 340.00 feet, run thence South 89 degrees 52 minutes 43
seconds East, along a line parallel to and 340.00 feet North of said South line, 640.00 feet to a
point 20.00 feet West of said East line, run thence North 00 degrees 00 minutes 01 seconds East,
along a line parallel to and 20.00 feet West of said East line, 780.23 feet to a point 25.00 feet
South of the North line of said Section 3, run thence North 89 degrees 55 minutes 57 seconds
West, along a line parallel to and 25.00 feet South of said North line, 480.00 feet, run thence
North 00 degrees 00 minutes 01 seconds East, 25.00 feet to said North line, run thence North 89
degrees 55 minutes 57 seconds West, along said North line, 820.57 feet to said Northwest Comer
of Section 3 and the POINT OF BEGINNING, containing 28.90 acres more or less.
•
��NTERs CITY OF WINTER SPRINGS
S PUBLIC WORKS DEPARTMENT
_ 1126 STATE ROAD 434
U cn WINTER SPRINGS, FL 32708 0 ..
' Incorporated •
1959 407- 327 -7597 JAN 6 r
��OR�O FAX:407- 327 -6695
CITY OF WINTER SPR F K
OFFICE OF THE C
MEMORANDUM
TO: City Clerk's Office
FROM: Brian Fields, City Engineer
DATE: January 6, 2010
SUBJ: Quit -Claim Deed
Please request that Mayor Bush sign the enclosed Quit -Claim Deed, with witness
signature by the City Clerk, and return it to me. I will be forwarding it to the City
Attorney for recording. This item was approved at the December 14, 2009
Commission meeting, item #200.2.
• 1111111111111111111111 1111111111111111111111111 MI1111111
I4fIRYfJNNE MtJWE,t , GLI Rit IJ1 CINt;t1TT t IiRT
SEM:C■III_E: I ;I IIJNTY
13K MY/ N,ys 046e - 465; (4 ;igs)
CLERK'S # 2010036012
THIS INSTRUMENT PREPARED BY R CgMUI D 03/310.010 12:58104 PM
AND SHOULD BE RETURNED TO: REC(Ii1J NIA
Donald F. Wright, Esquire lia>111 UI b )lY J Ec:keht^att] all)
Wright, Fulford, Moorhead & Brown, P.A.
145 North Magnolia Avenue
Orlando, Florida 32802
QUIT - CLAIM DEED
i 0
THIS QUIT -CLAIM DEED, executed this ' day of Sennuan y , 200X, 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 "):
(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
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
c4 in the County of Seminole, State of Florida, ( "the Property")to -wit:
SEE EXHIBIT "A" ATTACHED HERETO AND BY REFERENCE
MADE A PART HEREOF.
—L GRANTOR represents that Grantor has never resided on the above - described property
J 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
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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 -
-based 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 -a- 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 reverter 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.
ST. JOHNS RIVER WATER
MANAGEMENT DISTRICT
ATTEST: SAN N. HUGHES, 4 0AIRWOMAN
O (SEAL)
("7
HERSEY " ' '�' FFMA , S TARY
STATE OF FLORIDA
COUNTY OF Purl
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
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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 1 441
day of Dpae r&jat,r , 2009.
�� P41 NOTARY PUBLIC
t � : Commission Sandra L. Bertram
Print Name: Sandra # DD480525 .. L f, ,r' kam
'4 J Expires January 29, 2010
k. Or P lanced fray Pun • Inewenee, Inc BIX411•101
STATE OF FLORIDA
COUNTY OF \foIuSi0-
PERSONALLY APPEARED, before me the undersigned authority, Hersey "Herky"
Huffman, personally known to me and known to me to be the Secretary of the Goveming 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.
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WITNESS my hand and official seal in the State and County last aforesaid this
• 1 1
day of ` e p e.rn,be r , 2009. ,
p4,d NOTARY PUBLIC
'} ;; COMMISSION D. WILKINSON Print Name: L.-0D f c.- b 0 iki hSori
. *; "; -.4 MY COMMISSION # DD 883473
-•— = EXPIRES: Jul 21, 2013
,Ar�r Bonded Thru Notary Public Undenvdlers
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. ....,,N.,“%‘
CITY COMMISSIONERS ;',• ° ° " °."'° ''� 4 �'
CITY OF WINTER SPRING F�l;~dRID� D '• ' `� t - '
�� 7 /IA 6 C: a sst
By: ~ 1; 7 . ",-. Q : Z; f, k<
INT NAME: John F. * ° 4 7". ... `
Attest: 2 01 }'[ Fio v�� ° ° ° 'a�t. . .•,.:
Date: January 7, t;� 1I . ".. t tip:
Or 1 1 y 1 '4.; • �tY�%61`
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B : l 6 t % \1 \\\ 4,\"`‘'`
e k • the City of Winter Springs
City Commissioners
EXHIBIT "A"
Parcel 1:
The NW 1/4 of the NW %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.
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