HomeMy WebLinkAbout2009 08 24 Consent 205 Tuscawilla Greens Development Project Approval of Emergency Access EasementCOMMISSION AGENDA
ITEM 205
August 24, 2009
Meeting
(CONSENT I XX I
(INFORMATIONAL
(PUBLIC HEARING I I
MGR\-~' /DEPT i ~, g1 ~
Authorization
REQUEST: The City Attorney requests that the City Commission approve the Emergency
Access Easement, Access Easement for Conservation Area and Conservation Easements
required for Tuscawilla Greens development project located on Winter Springs Boulevard.
PURPOSE: This Agenda Item is being presented so that the City Commission may consider
approval of the Emergency Access Easement, Access Easement for Conservation Area and
Conservation Easements required for Tuscawilla Greens development project.
CONSIDERATIONS:
1. The City Comrr~ission approved final engineering for the Tuscawilla Greens project on
September 8, 2008
2. The Developer is currently constructing the infrastructure for the Tuscawilla Greens project.
3. The conveyance of the aforementioned easements are a condition of final engineering
approval.
APPLICABLE LAW AND PUBLIC POLICY:
1. Florida Municipal Home Rule Power Act, Chapter 166, Florida Statutes
2. City of Winter Springs Comprehensive Plan, Conservation Element
ATTACHMENTS: Access Easement Agreement for Conservation Area, Emergency Access
Easement and Conservation Easements.
RECOMMENDATION: The City Attorney recommends approval of the Easements.
COMMISSION ACTION: The City Commission approved final engineering for the
Tuscawilla Greens project on September 8, 2008.
THIS INSTRUMENT WAS PREPARED BY
AND SHOULD BE RETURNED TO:
Patrick K. Rinka, Esquire
Lowndes, Drosdick, Doster, Kantor & Reed, P.A.
21 ~ North Eola Drive
Post Office Box 2809
Orlando, FL 32802-2809
(407)843-4600
ACCESS EASEMENT AGREEMENT
FOR CONSERVATION AREA AND POND
THIS ACCESS EASEMENT AGREEMENT FOR CONSERVATION AREA AND
POND (the "Agreement"), made this day of , 2009, by and between
WINTER SPRINGS GOLF, LLC, a Florida limited liability company, whose mailing address
is c/o RDC Golf Group, Inc., 375 Forsgate Drive, Monroe Township, New Jersey 08831
(together "Grantor"), and ST. JOHNS RIVER WATER MANAGEMENT DISTRICT, a
public body existing under Chapter 373, Florida Statutes, whose mailing address is 4049 Reid
Street, Palatka, Florida 32177, (the "District"), the CITY OF WINTER SPRINGS, a Florida
municipal corporation, whose mailing address is 1126 East S.R. 434, Winter Springs, Florida
32708 (the "City") and WINTER SPRINGS INVESTMENTS, LLC, a Florida limited liability
company, whose mailing address is 1511 East S.R. 434, Suite 1025, Winter Springs, FL 32708
("WSI") (the District, the City and WSI are hereinafter sometimes collectively referred to as
"Grantee").
WITNESSETH:
WHEREAS, Grantor is the owner of certain real property located in Seminole County,
Florida commonly known as "Tuscawilla Country Club" and the golf course associated
therewith; and
WHEREAS, Grantor has sold and conveyed to WSI a portion of the Tuscawilla Country
Club property on or about the date hereof, which WSI intends to develop as a residential
condominium project (the "WSI Property"); and
WHEREAS, Grantor and WSI have granted to the District and the City that certain
Conservation Easement dated on or about the date hereof and recorded in Official Records Book
Page of the Public Records of Seminole County, Florida (the "Conservation
\165233\l -= 2295626 vi
Easement"), which encumbers certain lands owned by Grantor and more particularly described in
the Conservation Easement (the "Conservation Easement Area"); and
WHEREAS, in connection with the sale of the WSI Property, Grantor has granted to
WSI that certain Drainage Easement Agreement dated on or about the date hereof and recorded
in Official Records Book ,Page , of the Public Records of Seminole County,
Florida (the "Drainage Easement"), which conveys certain easement rights to WSI for the
drainage of storm water into a pond located on the Tuscawilla Country Club property as more
particularly described in the Drainage Easement (the "Pond"); and
WHEREAS, WSI has the right to maintain and repair the Pond in the event the same is
otherwise not maintained by Grantor; and
WHEREAS, the District and the City have the right to enter upon and inspect the
Conservation Easement Area and the Pond in a reasonable manner and at reasonable times to
determine if Grantor or its successors and assigns is complying with the terms and conditions of
the Conservation Easement and the Drainage Easement; and
WHEREAS, the upland portions of the Conservation Easement Area and the Pond do
not abut a public right-of-sway, and Grantor now desires to grant to Grantee an easement to
provide Grantee with access to the Conservation Easement Area and Pond;
1\TOW THEREFORE, for and in consideration of the premises hereof, of the mutual
covenants and benefits provided herein and in the Conservation Easement and for other good and
valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties
hereby agree as follows:
1. Grant of Easement. Grantor hereby grants and conveys to and in favor of Grantee a
perpetual, non-exclusive easement for pedestrian and vehicular ingress, egress and access over,
upon and across the lands owed by Grantor and described in Composite Exhibit "A" attached
hereto and made a part hereof (the "Easement Areas").
2. Relocation of Easement Area. Grantor shall have the right from time to time to
relocate the Easement Areas so long as the Easement Areas provide Grantee with continuous,
unimpaired access to the Conservation Easement Area of substantially the same size and quality
as existed prior to such relocation, except to the extent that circumstances require an easement
area of lesser (but nonetheless adequate) size and/or quality. In the event of any such relocation;
Grantor shall provide Grantee with a draft of any proposed amendment to this Agreement.
including a metes and bounds legal description and sketch of description of the proposed
relocation area, for review and approval by Grantee, which shall not be unreasonably withheld.
The rights of Grantee shall automatically extend and fully apply to such relocated Easement
Area(s) to the same extent as it applied prior to such relocation of the Easement Area(s).
3. No Public Dedication. The easements set forth in this Agreement shall be for the
benefit and use of Grantee, and its agents, employees, contractors and consultants, and nothing
contained in this instrument shall create or shall be deemed to create any easements or use rights
in the general public or constitute a public dedication for any public use whatsoever.
\16~233V -r229562Gv1 2
4. Use of Easement Area. Grantee's use of the easements granted herein shall at all
times be in compliance with all Federal, State and local laws, regulations, ordinances and
statutes, and shall no event unreasonably interfere with Grantor's use and operation of its golf
course. The District, the City and WSI, as applicable, each agree to promptly repair any damage
to the Easement Areas caused by such party's exercise of the easement rights granted herein. It is
acknowledged and agreed that the easement granted under this instrument is not an exclusive
easement and that Grantor shall have the right to use and enjoy the Easement Areas in any
manner not inconsistent with the easement rights created herein.
5. Indemnification. To the extent permitted by law, the District, the City and WSI,
respectively each hereby agree that it will, indemnify and hold harmless Grantor from any and all
la~v suits, damages, suits, actions, judgments, claims and demands whatsoever, including
reasonable attorneys' fees, costs and expenses at all trial and appellate levels, arising from, out of
or occasioned by the acts or omissions of such party or its agents, employees, licensees or
invitees in connection with the exercise of the easement rights granted hereunder, including, but
not limited to, any and all suits, actions, or claims of any character, type or description brought
or made for or on account of any injuries or damages received or sustained by any person or
persons or property.
6. Applicable La~v. This Agreement shall be governed and construed in accordance
with the laws of the State of Florida.
7. Binding Effect. The terms and provisions of this instrument shall constitute
covenants running with the title to the Easement Areas and the WSI Property and shall be
binding upon and inure to the benefit of Grantor and Grantee and their respective successors and
assigns, including any condominium association or homeowners association formed to govern,
administer and operate the WSI Property.
[REMAINDER OF PAGE INTENTIONALLY LEFT BLANK;
SIGNATURES APPEAR ON FOLLOWING PAGE]
U65233U - n 2295626 v 1
IN WITI\rESS WHEREOF, Grantor and Grantee have executed this Agreement in
manner and form sufFicient to bind them as of the day and year first above written.
Signed, sealed and delivered in the "GRANTOR"
presence of the following witnesses:
WINTER SPRINGS GOLF, LLC, a Florida limited
liability company (as to Parcel II)
Signature of ~1'imess
Printed Name of Wimess
Signature of \Vimess
Printed \ame of Witness
BY: REACT GOLF, LLC, a Florida limited liability
company, its Manager
By:
Christopher R. Schiavone, Manager
STATE OF
COIJI~tTY OF
The foregoing instrument vas acknowledged before me this day of . ?009,
by Christopher R. Schiavone, Manager of React Golf, LLC, a Florida limited liability company, the
Manager of WINTER SPRINGS GOLF, LLC, a Florida limited liability company, on behalf of said
company. He is personally kno«m to me or produced as
identification.
(NOTARY SEAL)
(Notary Public Signature)
'•165233.1 -=?295626 ~ I 4
ATTEST:
By:
Ann T. Moore, Secretary
"DISTRICT"
ST. JOHNS RIVER WATER MANAGEMEl~'T
DISTRICT, a public body existing under Chapter
373, Florida Statutes
By:
Printed Name: David Graham
Title: Governing Board Chairman
[SEAL OF GOVERNING BODY]
STATE OF
COUNTY OF
The foregoing instrument was acknowledged before me this day of
2009, by David Graham, as Governing Board Chairman of ST. JOIIi\TS RIVER
WATER MANAGEMENT DISTRICT, a public body existing under Chapter 373, Florida
Statutes, on behalf of said body. He is personally known to me or produced
as identification.
(NOTARY SEAL)
(Notary Public Signature)
U652331t -r 2295626 vt 5
CITY OF WINTER SPRINGS
ATTEST:
By:
Andrea Lorenzo Luaces, City Clerk
CITY SEAL
STATE OF FLORIDA
COUNTY OF SEMINOLE
Rv~
John F. Bush, Mayor
APPROVED AS TO FORM AND LEGALITY
For the use and reliance of the City of ~4~inter Springs,
Florida only.
Date:
By:
Anthony Garganese, City Attorney for the
City of Winter Springs, Florida
Personally appeared before me, the undersigned authority, John F. Bush and Andrea
Lorenzo Luaces, well known to me to be the Mayor and City Clerk respectively, of the City of
Winter Springs, Florida, and acknowledged before me that they executed the foregoing
instrument on behalf of the City of Winter Springs, as its true act and deed, and that they were
duly authorized to do so.
Witness my hand and official seal this day of , ?009.
(NOTARY SEAL)
Notary Public
My commission expires:
1165233U - ° 2295626 r 1 6
Signed, sealed and delivered in the
presence of the following witnesses:
Signature of 1Vimess
Printed Name of Witness
"WSI"
WINTER SPRINGS INVESTMENTS, LLC, a
Florida limited liability company
By: Congressional Homes and Developers, LLC,
a Florida limited liability company, its Manager
BV:
Barbara Corkery, Manager
Signature of Witness
Printed Name of Witness
STATE OF FLORIDA
COUNTY OF
The foregoing instrument was acknowledged before me this day of , ?009, by
Barbara Corkery, as Manager of Congressional Homes and Developers, LLC, a Florida limited
liability company, the Manager of WINTER SPRINGS INVESTMENTS, LLC, a Florida
limited liability company, on behalf of said company. He is personally known to me or has
produced as identification.
(NOTARY SEAL)
Notary Public Signature
\I65233~1 - a 2291626 ~ 1 ~
Composite Exhibit "A"
Easement Areas
~ 165233 ~ I - = 2295626 v I
LEGAL DESCRIPTION
A PORTION OF LAND LYING IN SECTION 7, TOWNSHIP 21 SOUTH, RANGE 31 EAST, SEMINOLE COUNTY,
FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCE AT THE MOST NJESTERLY CORNER OF TRACT "C", ARROWHEAD AT TUSCAWILLA UNIT 2, A5
RECORDED IN PLAT BOOK 48, PAGES 52 THRU 54 IN THE PUBLIC RECORDS OF SEMINOLE COUNTY, FLORIDA;
THENCE SOUTH 89'58'36" EAST, A DISTANCE OF 131.76 FEET ALONG THE NORTH LINE OF SAID TRACT "C"
ALSO BEING THE SOUTH RIGHT OF WAY LINE OF WINTER SPRINGS BOULEVARD RECORDED IN OFFICIAL
RECORDS BOOK 1057, PAGES 1642 THRU 1644, OF THE PUBLIC RECORDS OF SEMINOLE COUNTY, FLORIDA,
TO THE POINT OF BEGINNING OF A TEN FOOT INGRESS AND EGRESS EASEMENT LYING FIVE FOOT ON EACH
SIDE OF THE FOLLOWING DESCRIBED CENTERLINE; THENCE DEPARTING SAID SOUTH RIGHT OF WAY LINE OF
WINTER SPRINGS BOULEVARD SOUTH 92'54'41" EAST, A DISTANCE OF 33.04 FEET: THENCE RUN. SOUTH
34'34'04" EAST, A DISTANCE OF 359.74 FEET; THENCE RUN SOUTH 15'16'32" WEST, A DISTANCE OF 162.71
FEET; THENCE RUN SOUTH 09'21'56" EAST, A DISTANCE OF 167.21 FEET; THENCE RUN NORTH 81'00'15"
EAST, A DISTANCE OF 23.09 FEET; THENCE RUN NORTH 85'49'42" EAST, A DISTANCE OF 26.65 FEET;
THENCE RUN SOUTH 86'57'10" EAST, A DISTANCE OF 27.21 FEET; THENCE RUN SOUTH 82'52'43" EAST, A
DISTANCE OF 27.55 FEET; THENCE RUN NORTH 73'16'21" EAST, A DISTANCE OF 40.21 FEET; THENCE RUN
NORTH 66'19'49" EAST, A DISTANCE OF 118.36 FEET; THENCE RUN SOUTH 51'16'37" EAST, A DISTANCE OF
28.56 FEET; THENCE RUN NORTH 73'11'53" EAST, A DISTANCE OF 26.29 FEET; THENCE RUN SOUTH
53'28'25" EAST, A DISTANCE OF 135.79 FEET; THENCE NORTH 80'29'09" EAST, A DISTANCE OF 23.56 FEET;
THENCE NORTH 65'12'36" EAST, A DISTANCE OF 42.D6 FEET; THENCE NORTH 78'17'06" EAST, A DISTANCE
OF 35.50 FEET; THENCE SOUTH 79'22'08" EAST, A DISTANCE OF 35.52 FEET; THENCE SOUTH 70'45'41"
EAST, A DISTANCE OF 102.47 FEET; THENCE SOUTH 71'42'16" EAST, A DISTANCE OF 42.21 FEET; THENCE
SOUTH 62'31'10" EAST, A DISTANCE OF 36.76 FEET; THENCE SOUTH 46'32'50" EAST, A DISTANCE OF 84.37
FEET TO A POINT OF TERMINUS.
In occordonce with CH-61G17-6
of the Florida Administrative Code,
this Description and Sketch of Description
beors the notation:
THIS IS NOT A SURVEY. SHEET, of z
SEE SHEET 2 OF 2 FOR SKETCH
BEARINGS SHOWN HEREON ARE BASED ON THE SOUTH
RIGHT OF WAY LINE OF WINTER SPRINGS BOULEVARD AS 1. THE SURVEYOR HAS NOT ABSTRACTED THE
LAND SHOWN HEREON FOR EASEMENTS. RIGHT
PER PLAT.
BEING 589'58'36"E OF WAY, RESTRICTIONS OF RECORD WHICH MAY
, AFFECT THE TI1LE OR USE OF THE LAND
NO IMPROVEMENTS HAVE BEEN LOCATED
2
SKETCH OF DESCRIPTION .
.
3. NOT VALID WITHOUT THE SIGNATURE AND
OF THE ORIGINAL RAISED SEAL OF A FLORIDA
LICENSED SURVEYOR AND MAPPER.
INGRESS EGRESS EASEMENT 4. THIS DOCUMENT CONSISTS OF 2 SHEETS,
NOT FULL OR COMPLETE WITHOUT ALL SHEETS.
~EMINOLE COUNTY, FLORIDA SEC 7, TWSP 215, RGE 31E
A M E R t CA N
DATE: 02-12-08 REVISED:
REV BNDY & LEGAL S U RV EY 1 N G
SCALE: N/A
GJS
oz zs oe us
8c MAPPING INC.
APPROVED BY:
CERTIFICATION OF AUTHORIZATION NUMBER LB~6393
7070901 tD30 N. ORLANDO AVE, SUITE B l®~~ Y~of
J08 N0. WINTER PARK, FLORIDA 32769
(407) 426-7979 GE EL EON, ?SM J866
DRAWN BY; PJC WWW ALIGRICAN9IRVCYINGANnAIAPPING.COM Dp`TE;
SKETCH OF DESCRIPTION:
POINT OF COMMENCEMENT WINTER SPRINGS BOULEVARD
WESTERLY MOST CORNER OF TRACT 'C", 120' RIGHT OF WAY
ARROW~tEAD AT TUSCAWILLA UNIT 2,
PLAT BOOK 48, PAGES 52-54
I 589'58'36"E
I 131.76' r+ POINT OF BEGINNING ~ SOUK RIGHT Of WAY UNE
N I OF WINTER SPRINGS BOUtJ:VARD
~~ I
Z '~ I
N
6 fit] I
. ~ i J'~,
~Na I Q.
~ B m ~ CENTERLINE OF
a Y I 10' EASEMENT ~•
o°oj ~•.
W
`m I F`
~al
~a I
a I
I
I
`~s
•• 100'
GRAPHIC SCALE
0 50 100
TUSKAWILLA COUNTRY CLUB
GOLF COURSE
i ,~ L12 L 13
X10 ~1
MATCHLINE A
~4
~js
~/6
C~~
POINT OF TERMINUS
TUSKAWILLA COUNTRY CLUB
LINE TAB LE
LINE LENGTH BEARING
L7 33.04' S7 2'54'41 "E
L2 23.09' N 81'00' 15"E
L3 26.65' N85'49'42"E
L4 27.21' 586'57'10"E
LS 27.55' S82'S2'43"E
L6 40.21' N73'16'21"E
L7 28.56' S51'16'37"E
L8 26.29' N73'11'S3"E
L9 135.79' S53'28'25"E
L10 23.56' N80'29'09"E
L11 42.06' N65'12'36"E
L12 35.50' N78'17'06"E
L13 35.52' S79'22'08"E
L14 102.47' S70'45'41 "E
L15 42.21' 571'42'16"E
L16 36.76' 562'31'10"E
L17 84.37' 546'32'50"
~, CLUB HOUSE
LP
61
~ CENTERLINE OF
10' EASEMENT
rn
J
,h 2 L3 L4 L5
TUSKAWILLA COUNTRY CLUB
GOLF COURSE
E SHEET 2 OF 2
SEE SHEET t OF 2 FOR DESCRIPTION
DATE: 02-12-08 REVISED:
SCALE: t"=100 REV BNDY k LEGAL
02 24/08 UB
APPROVED BY: GJS
JOB N0. 7070901
DRAWN HY: PJC
' fig, ~ C, La
~ ~' ~6 <9
MATCHLINE A ~"
AMERICAN
SURVEYING
S~ MAPPING INC.
CERTIFlCATION OF AUTHORIZATION NUMBER LBg6393
7030 N. ORLANDO AVE, SUITE B
WINTER PARK, FLORIDA 32789
(4071 426-7979
DESCRf P T(ON:
A PORTION OF SECTION 7, TOWNSHIP 21 SOUTH, RANGE 31 EAST, SEMINOLE COUNTY, FLORIDA. BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCE AT THE SOUTHEAST CORNER OF TRACT A, FOX GLEN AT CHELSEA PARC, TUSCAWILLA AS
RECORED IN PLAT BOOK 49, PAGES 78-82 IN THE PUBLIC RECORDS OF SEMINOLE COUNTY, FLORIDA;
THENCE SOUTH 71'10'58" WEST, A DISTANCE OF 60.56 FEET TO THE POINT OF BEGINNING; THENCE SOUTH
65'11'45" EAST, A DISTANCE OF 269.10 FEET TO A POINT OF CURVATURE OF A CIRCULAR CURVE CONCAVE
WESTERLY HAVING A RADIUS OF 79.88 FEET, A CENTRAL ANGLE OF 92'09'30" AND A CHORD DISTANCE OF
115.08 FEET WHICH BEARS SOUTH 19'07'00" EAST; THENCE SOUTHERLY ALONG THE ARC OF SAID CURVE A
DISTANCE OF 128.48 FEET TO A POINT OF CURVATURE OF ANON-TANGENT CURVE CONCAVE EASTERLY
HAVING A RADIUS OF 51.20 FEET, A CENTRAL ANGLE OF 92'44'02" AND A CHORD DISTANCE OF 74.12 FEET
WHICH BEARS SOUTH 17'49'34" EAST; THENCE SOUTHERLY ALONG THE ARC OF SAID CURVE A DISTANCE OF
82.87 FEET; THENCE SOUTH 70'24'48" EAST, A DISTANCE OF 12.29 FEET TO A POINT ON THE WESTERLY
RIGHT OF WAY LINE OF GREENBRIAR LANE, ALSO BEING A POINT OF CURVATURE OF ANON-TANGENT
CURVE CONCAVE SOUTHEASTERLY HAVING A RADIUS OF 626.89 FEET, A CENTRAL ANGLE OF 00'55'34" AND
A CHORD DISTANCE OF 10.13 FEET WHICH BEARS SOUTH 28'53'25" WEST; THENCE SOUTHWESTERLY ALONG
SAID \WESTERLY RIGHT OF WAY LINE AND THE ARC OF SAID CURVE A DISTANCE OF 10.13 FEET; THENCE
DEPARTING SAID WESTERLY RIGHT OF WAY LINE NORTH 70'24'48" WEST, A DISTANCE OF 11.17 FEET TO A
POINT OF CURVATURE OF ANON-TANGENT CURVE CONCAVE EASTERLY HAVING A RADIUS OF 61.20 FEET, A
CENTRAL ANGLE OF 93'07'34" AND A CHORD DISTANCE OF 88.88 FEET WHICH BEARS NORTH 18'09'41"
WEST; THENCE NORTHERLY ALONG THE ARC OF SAID CURVE A DISTANCE OF 99.48 FEET TO A POINT OF
CURVATURE OF ANON-TANGENT CURVE CONCAVE WESTERLY HAVING A RADIUS OF 69.88 FEET, A CENTRAL
ANGLE OF 92'03'15" AND A CHORD DISTANCE OF 100.58 FEET WHICH BEARS NORTH 19'10'08" WEST;
THENCE NORTHERLY ALONG THE ARC OF SAID CURVE A DISTANCE OF 112.27 FEET TO A POINT OF
TANGENCY; THENCE NORTH 65'11'45" WEST, A DISTANCE OF 272.45 FEET; THENCE NORTH 00'15'34" WEST,
A DISTANCE OF 5.52 FEET; THENCE NORTH 73'30'18" EAST, A DISTANCE OF 7.58 FEET TO THE POINT OF
BEGINNING.
CONTAINING 4,960 SQUARE FEET, MORE OR LESS.
In accordance with CH-61 G17-6
of the Florida Administrative Code,
this Description and Sketch of Description
bears the notation:
THIS IS NOT A SURVEY. SHEET, of z
SEE SHEET 2 OF 2 FOR SKETCH
BEARINGS SHOWN HEREON ARE BASED ON THE SOUTH LINE
OF TRACT A AS BEING 565',1'45'E, PER PLAT.
SKETCH OF DESCRIPTION
OF
EAST ACCESS EASErAENT
TUSCAWILLA COUNTRY CLUB
DAZE: o2/z7/os
SCALE• N/A
APPROVED BY; 6J5
JOB N0. 7070901
DRAYM BY: UB
AM•ER[CAN
SURVEYING
8c MAPPING INC.
CER,IFICATION DF AUTHORIZATION NUN9ER L6~6393
1030 N. ORLANDO AVc, SUITE B
WINTER PARK, FLORIDA 32789
(407) 426-7979
WWW.AMERICANSURirYINGANDMAPPIN G.COM
1. THE SURVEYOR HAS NOT ABSTRACTED THE
LAND SHOWN HEREON FOR EASEMENTS, RIGHT
OF WAY, RESTRICTIONS OF RECORD WHICH MAY
AFFECT THE TITLE OR USE OF THE LAND
2. NO IMPROVEMENTS HAVE BEEN LOCATED.
3. NOT VALID WITHOUT THE SIGNATURE AND
THE ORIGINAL RAISED SEAL OF A FLORIDA
LICENSED SURVEYOR ANO MAPPER.
4. THIS DOCUMENT CONSISTS OF Z SHEETS,
DATE;
H:~2007170717070907 TUSCAWILLA COUNTRY CLUBidng\7/7C901 EAST ACCESS EASEMENT SOO.O,vp, ~R9(2UV<iB X38:09 AE1,1$t!
SKETCH OF DESCRIPTION:
7.
FOX GLEN AT CHELSEA PARC, TUSCAWILLA
(PLAT BOOK 49, PAGES 78-82)
p0/
T /
~ roRN~Q~ C'O TRACT 'A' /
~gCMti1FNC /
oy f eMFNT ' / /
gg$T'\ / LOT 59 / /
YSE,~'q /
Lor To
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~- ~
r7 u~i
i17
O
O
Z
8"E Sr,6o~;W ~ / // LOT 9 // Cye~SFq
S ~~ \ / / LOT 6 ~ p~R Qa T r
ss ~ s„aFC~ ~ ~// // Lor 7 / k ss q~ Sq{y~
~6's,,' ¢Sa F ~N/~G ~ \ // // LOT 6 // 87. 3~q ~ygSF /
w \ / / LOT 5 /
,[\ /
1"= 60'
GRAPHIC SCALE
0 30 6D
~ Q-= 0'55' 34"
L=10.13'
R=626.89'
CB = S28'53' 25"W
C=10.13'
LEGEND
R DENOTES RADIUS
~ Dr?~01'c5 CENTRAL ANGLE
L DEN01E5 ARC LENGTH
C DENOTES CHORD LFNGTN
CB DENOTES CHORD BEARING
N / / LOT 4
~2lgC4V~T ~'Cq ~ / / l07 3 /
C~GCCQ~NTTFD \ / / / L07 2 /
\c7R.,~R~ Y SUB \ / / /
NOT PLATTED
'NSCAWILLA CQUNTRY CLLR
GOLF COURSE
~=-92'03'15'
L=112.27'-~~
R=69.88'
Ca=N19"1o'o8"w
C=100.58'
A=-93'07'34°
L=99.48'
R=61.20'
C6=N18'09'41 "W
C=88.88'
N70'24'48"W
11.17'
SHEET 2 OF 2
SEE SHEET 1 OF 2 FOR DESCRIPTION
DATE: D2/27/08 REVISED:
SCA~• 1'°60' REV LEGAL 01 29 D9
APPROVED BY: GJS
JOB N0. 7070901
DRAVYN 8Y: UB
/ /
/
.~
x=92'09'30" \ LOT 1
- L=128.48'
R=79.88'
CB=S19'0T00"E
C=115.08'
A=- 92'44'02"
L=82.87'
R=51.20'
C8=S17'49'34"E
C=74.12' ~,?%
~~ . ~ v
^~ ry ~~v ~ P
~ ~~
~ ~~o
~~~
AMERICAN
SURVEYING
Sc MAPPING INC.
CERTIFlCATtON OF AUINORIZATlON NUkBER lB~6393
1D30 N. ORLANDO Ate, SUITE 9
VANTER PARK, FLORIDA 32789
(407) 426-7979
THIS INSTRUMENT 'VAS PREPARED BY
AND SHOULD BE RETURNED TO:
Patrick K. Rinka, Esquire
Lowndes, Drosdick, Doster, Kantor & Reed, P.A.
215 North Eola Dm~e
Post Office Box 2809
Orlando, FL 32802-2809
(407) 843-4600
EMERGENCY ACCESS EASEMENT AGREEMENT
This E1Vf.ERGENCY ACCESS EASEMENT AGREEMENT ("Agreement") is made
and entered into by and between WINTER SPRINGS GOLF, LLC, a Florida limited liability
company, whose address is 375 Forsgate Drive, Monroe Township, NJ 08831 ("WSG"),
WINTER SPRINGS INVESTMENTS, LLC, a Florida limited liability company, whose
address is 1511 East S.R. 434, Suite 1025, Winter Springs, FL 32708 ("WSI") and the CITY OF
WINTER SPRINGS, a municipal corporation and political subdivision of the State of Florida,
whose address is 1126 East S.R. 434, Winter Springs, Florida 32708 ("City").
WITNESSETH:
WHEREAS, WSG is the fee simple title holder of certain real property located in
Seminole County, Florida, commonly known as Tuscawilla Country Club (the "WSG
Property"); and
WHEREAS, WSG has, on or about the date hereof, conveyed certain real property to
WSI, for the development of asingle-family residential project to be known as The Greens at
Tuscawilla (the "Project"); and
WHEREAS, the City has requested an easement over a portion of the WSG Property for
purposes of allowing access for emergency and law enforcement vehicles and personnel to and
from the Project; and
WHEREAS, WSG has agreed to grant to the City a perpetual, non-exclusive access
easement over those portions of the WSG Property more particularly described in Exhibit "A"
attached hereto (the "Easement Area"), for the purposes set forth herein; and
NOW, THEREFORE, for and in consideration of the premises hereof and the sum of
TEN DOLLARS ($10.00) and other good and valuable consideration, the receipt and sufficiency
of which are hereby acknowledged, the parties hereby covenant, stipulate and agree as follows:
Emergency Access Easement Agreement - 1 -
1652330 - r 2295719 v i
1. Incorporation of Recitals. The foregoing recitals are true and correct and are
hereby incorporated into the text of this Agreement.
2. Grant of Easement. WSG hereby grants to the City and its successors and
assigns a perpetual, non-exclusive easement upon, over, across, and through the Easement Area,
for purposes of providing emergency access, including without limitation vehicular and
pedestrian ingress and egress.
3. Use of Easement. The easement herein granted shall be for the use and benefit of
the City, it agents, employees, representatives, successors and assigns, and by the City's
emergency and law enforcement vehicles and personnel, for the purpose of emergency ingress
and egress and such other purposes as are incidental to the foregoing purpose.
4. Relocation of Easement Area. WSG shall have the right from time to time to
relocate the Easement Area upon the prior written consent of the City, which consent shall not be
unreasonably withheld, conditioned or delayed. In the event the City approves any such
requested relocation, then WSG and the City shall execute and record an amendment of this
Agreement to incorporate the revised legal description of the new Easement Area.
5. Interference with Easement. WSG shall not make any improvement to or use of
the Easement Area which is inconsistent with the easement rights herein granted.
6. Restoration of Easement Area. In the event the City's use of the Easement Area in
accordance with the terms of this Agreement results in damage to the Easement Area, WSI shall
restore the Easement Area disturbed by such damage to substantially the same condition as
existed prior to such damage, which restoration shall include, without limitation, the replacement
of any and al] damaged landscaping and irrigation facilities. WSI's obligation to restore the
Easement Area shall survive the termination of this Agreement.
7. Indemnity. WSI shall indemnify and hold WSG harmless from and against any
and all losses, costs, claims, expenses and damages, including but not limited to reasonable
attorney fees and expenses (at both trial and appellate levels), arising out of or in anyway
connected with the use by the City or WSI of the easement herein granted by WSG and
including, but not limited to, injury to persons and damage on or to the WSG Property or to
structures, improvements or property located on, in, above or under the WSG Property, except to
the extent that such losses, costs, claims or damages are due to the negligence or willful
misconduct of WSC~ its agents, contractors or employees. This paragraph shall survive the
termination of tris Agreement.
8. Effective Date. The Effective Date of this Agreement shall be the date upon
which the latter of WSG, WSI and the City execute this Agreement.
9. Headings. The headings used in this Agreement are for convenience of reference
only and shall not be deemed to vary the content of this Agreement or the covenants and
agreements herein set forth, or limit the provisions or scope of any provisions hereof.
Emergency Access Easement Agreement - 2 -
;IG1233~1 -= 2291759 ~'1
10. Counterparts. This Agreement may be executed in two identical counterparts. If
so executed, each of such counterparts shall be deemed an original for all purposes and all such
counterparts shall, collectively, constitute one and the same agreement.
11. Severability. If any provision of this Agreement, the deletion of which would not
adversely affect the receipt of any material benefit by any party hereunder or substantially
increase the burden of any party hereto, shall be held to be invalid or unenforceable to any
extent, the same shall not affect in any respect whatsoever the validity or enforceability of the
remainder of this Agreement.
12. Binding Effect. Except as otherwise specifically provided herein, the rights and
obligations created by this Agreement shall run with title to the Easement Area and be binding
upon WSC~ and its successors and assigns, and inure to the benefit of WSI and the City and their
respective successors and assigns, including any condominium association or homeowners
association formed to govern, administer and operate the Project.
13. Governing Law. This Agreement shall be governed by and construed in
accordance with the laws of the State of Florida. Venue for any proceeding brought pursuant to
this Agreement shall be in Seminole County, Florida.
[REMAINDER OF PAGE INTENTIONALLY LEFT BLANK;
SIGNATURES APPEAR ON FOLLOWING PAGE]
Emergency Access Easement Agreement - 3 -
\ 165233\I - :2295759 ~• 1
IN WITNESS WHEREOF, WSG, WSI and the City have executed and delivered this
Agreement.
WITNESS OR ATTEST: "WSG"
WINTER SPRINGS GOLF, LLC, a Florida
Signature of\Vitness limited liability company (as to Parcel II)
Printed Name of wimess BY: REACT GOLF, LLC, a Florida limited
liability company, its Manager
Signature o(1\'imess
Printed Name of N'imess By'
Christopher R. Schiavone, Manager
Date:
STATE OF
COUNTY OF
The foregoing instrument was acknowledged before me this day of , ?009,
by Christopher R. Schiavone, Manager of React Golf, LLC, a Florida limited liability company, the
Manager of WINTER SPRINGS GOLF, LLC, a Florida limited liability company, on behalf of said
company. He is personally known to me or produced as
identification.
(NOTARY SEAL)
Notary Public Signature
(Name typed, printed or stamped)
Emergency Access Easement Agreement - 4 -
',165233V -= 2295759 vl
WITNESS OR ATTEST: "WSI"
Si~rtature of witness
Printed Name of Witness
Sienature of ~Vimess
WINTER SPRINGS INVESTMENTS, LLC, a
Florida limited liability company
By: Congressional Homes and Developers,
LLC, a Florida limited liability company, its
sole Manager
Printed Name of witness
By:
STATE OF FLORIDA
COUNTY OF
Barbara Corkery, Manager
Date:
The foregoing instrument was acknowledged before me this day of ,
?009, by Barbara Corkery as Manager of Congressional Homes and Developers, LLC, a
Florida limited liability company, the sole Manager of Winter Springs Investments, LLC, a
Florida limited liability company. He ^ is personally known to me or ^ has produced
as identification.
(NOTARY SEAL)
Notary Public Signature
(Name typed, printed or stamped)
Emergency Access Easement Agreement - $ -
U 65233\I - = 2295719 ~ 1
CITY OF WINTER SPRINGS
ATTEST:
By:
By:
Date:
John F. Bush, Mayor
Andrea Lorenzo Luaces, City Clerk
CITY SEAL
APPROVED AS TO FORM AND LEGALITY
For the use and reliance of the City of Winter Springs,
Florida only.
Date:
By:
Anthony Garganese, City Attorney for the
City of Winter Springs, Florida
STATE OF FLORIDA
COUNTY OF SEMINOLE
Personally appeared before me, the undersigned authority, John F. Bush and Andrea
Lorenzo Luaces, well known to me to be the Mayor and City Clerk respectively, of the City of
Winter Springs, Florida, and acknowledged before me that they executed the foregoing
instrument on behalf of the City of Winter Springs, as its true act and deed, and that they were
duly authorized to do so.
Witness my hand and official seal this day of , 2009.
(NOTARY SEAL) Notary Public
My commission expires:
Emergency Access Easement Agreement - 6 -
\ I G5233\ 1 - = 2295759 v I
EXHIBIT "A"
Easement Area
Emergency Access Easement Agreement
16233\ I - = 229759 v 1
LEGAL DESCRIPTION
A PORTION OF LAND LYING IN SECTION 7, TOWNSHIP 21 SDUTH, RANGE 31 EAST, SEMINOLE COUNTY,
FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCE AT THE MOST WESTERLY CORNER OF TRACT "C", ARROWHEAD AT TUSCAWILLA UNIT 2, AS
RECORDED IN PLAT BOOK 48, PAGES 52 THRU 54 IN THE PUBLIC RECORDS OF SEMINOLE COUNTY, FLORIDA;
THENCE SOUTH 89'58'36" EAST, A DISTANCE OF 131,76 FEET ALONG THE NORTH LINE OF SAID TRACT "C"
ALSO BEING THE SOUTH RIGHT OF WAY LINE OF WINTER SPRINGS BOULEVARD RECORDED IN OFFICIAL
RECORDS BOOK 1057, PAGES 1642 THRU 1644, OF THE PUBLIC RECORDS OF SEMINOLE COUNTY, FLORIDA,
TO THE POINT OF BEGINNING OF A TWENTY FEET INGRESS AND EGRESS EASEMENT LYING TEN FEET ON
EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE; THENCE DEPARTING SAID SOUTH RIGHT OF WAY LINE
OF WINTER SPRINGS BOULEVARD SOUTH 12'54'41" EAST, A DISTANCE OF 33.04 FEET: THENCE RUN SOUTH
34'34'04" EAST, A DISTANCE OF 359.74 FEET; THENCE RUN SOUTH 15'16'32" WEST, A DISTANCE OF 162.71
FEET; THENCE RUN SOUTH 09'21'56" EAST, A DISTANCE OF 167.21 FEET; THENCE RUN NORTH 81'00'15"
EAST, A DISTANCE OF 23.09 FEET; THENCE RUN NORTH 85'49'42" EAST, A DISTANCE OF 26.65 FEET;
THENCE RUN SOUTH 86'57'10" EAST, A DISTANCE OF 27.21 FEET; THENCE RUN SOUTH 82'52'43" EAST, A
DISTANCE OF 27.55 FEET; THENCE RUN NORTH 73'16'21" EAST, A DISTANCE OF 40.21 FEET; THENCE RUN
NORTH 66'19'49" EAST, A DISTANCE OF 118.36 FEET; THENCE RUN SOUTH 51'16'37" EAST, A DISTANCE OF
28.56 FEET; THENCE RUN NORTH 73'11'53"' EAST, A DISTANCE OF 26.29 FEET; THENCE RUN NORTH
61'33'02" EAST, A DISTANCE OF 66.01 FEET; THENCE NORTH 65'43'57" WEST, A DISTANCE OF 59.36 FEET;
THENCE NORTH 50'33'27" EAST, A DISTANCE OF 59.63 FEET; THENCE NORTH 74'42'46" EAST, A DISTANCE
OF 49.35 FEET; THENCE NORTH 86'55'54° EAST, A DISTANCE OF 76.54 FEET; THENCE NORTH 70'36'21"
EAST, A DISTANCE OF 44.48 FEET; THENCE SOUTH 88'07'36" EAST, A DISTANCE OF 72.73 FEET TO A
POINT OF TERMINUS.
In accordance with CH-61 G17-6
of the Florida Administrative Code,
this Description and Sketch of Description
bears the notation:
THIS IS NOT A SURVEY.
BEARINGS SHOWN HEREON ARE BASED ON THE SOUTH
RIGHT OF WAY LINE OF WINTER SPRINGS BOULEVARD AS
BEING 569'58'36"E, PER PLAT.
TCH OF DESCRIPTION
OF
20'INGRESS EGRESS EASEMENT
:MINGLE COUNTY,
DATE: B-17-08
SCALE: N/A
APPROVED BY: GJS
JOB N0. 7070901
DRAWN BY: GHF
REVISED:
AMERICAN
SURVEYING
Sc MAPPING INC.
CERTIFICATION OF AUTHORIZA7IDN NUMBER LR~fi}g3
1030 N. ORLANDO AVE, SUITE 8
WINTER PARK, FLORIDA 32789
(407) 426-7979
SHEET 1 OF 2
SEE SHEET 2 OF 2 FOR SKETCH
1. THE SURVEYOR HAS NOT ABSTRACTED THE
LANG SHOWN HEREON FOR EASEMENiS, RIGHT
OF WAY, RESTRICl10N5 OF RECORD WHICH MAY
AFFECT THE TITLE OR USE OF THE LANG
2. NO IMPROVEMENTS HAVE BEEN LOCATED.
3. NOT VALID WITHOUT THE SIGNATURE AND
THE ORIGINAL RAISED SEAL OF A FLORIDA
LICENSED SURVEYOR AND MAPPER.
4. THIS OOCUA4ENT CONSISTS OF 2 SHEETS,
..7 '-OC
GENEL RGEON, PSM X5866
DATE:
SKETCH OF DESCRIPTION:
POINT OF COMMENCEMENT WINTER SPRINGS BOULEVARD
WESTERLY MOST CORNER OF TRACT "C", 720' RIGHT OF WAY
ARROWHEAD AT TUSCAWILLA UNIT 2,
PLAT BODK 48, PAGES 52-54
589'58'36"E
I t3t,76' , POINT OF BEGINNING
I ~ SOUTH RIGHT OF WAY UNE
~ ~ OF KTNTER SPRINGS BOULEVARD
~~
~ I
N I
a ~n I
~ vl I
.g~ I
s
"N 4 ' ue.
~~~ j CENTERLINE OF
Q
~<Y I 2D' EASEMENT
-
al
° O
¢ m I
w J7.,
1
~C i
~°aI
a 1
I
I
LJY~
~9
~=
s
t" =loo'
GRAPHIC SCALE
0 50 100
TUSKAWILLA COUNTRY CLUB
GOLF COURSE
POINT OF TERMINUS
~,4 L7 5 DIRT
L13 DRnr
~~2
1
V, 2~
~` ~,O ~
2
0
~~ MATCHLINE A m
TUSKAtMLLA COUNTRY CLUB
LINE TABLE
LINE BEARING LENGTH
L1 812'54'41"E 33.04'
L2 N81'00'15"E 23.09'
L3 N85'49'42"E 26.65'
L4 886'87'10"E 27,2i'
L5 882'52'43"E 27.55'
L6 N73'16'21"E 40.21'
L7 S51'16'37"E 28.56'
LS N73'11'S3"E 26.29'
L9 N61'33'02"E 66.01'
L70 N65'43'S7"E 59.36'
l11 N50'33'27"E 59.63'
L12 N74'42'46"E 49.35'
L13 N86'55'54"E 76.54'
L14 N70'36'21"E 44.48'
L15 S88'07'36''E 72.73'
~' CLU@ HOUSE
Lit
fn CENTERLINE OF
2D' EASEMENT
O~
J
L2 , L3 . L4 LS
1
MATCHLINE A -~'"~ ~
~g ~
!~`$ ~~
~9' F. ~
•19
?~1~ 36
TUSKAWILLA COUNTRY CLUB
GOLF COURSE
SHEET 2 OF 2
SEE SHEET 1 OF 2 FOR DESCRIPTION
DATE: 8-tt'OB ~ REVISED: •I~-
SCALE: 1 °= i D0'
APPROVED BY: GJS
JOB N0. 7070901
DRAWN 8Y; GHF
AMERICAN
SURVEYING
~c MAPPING INC.
CERTIFICATiDN OF AUTHORIZATION NUMBER LB~t6393
1030 N. ORLAN00 AVE, SUITE B
WINTER PARK, FLORIDA 32789
(407) 426-7979
THIS INSTRUMENT WAS PREPARED BY
AND SHOULD BE RETURNED TO:
Patrick K. Rinka, Esquire
Lowndes, Drosdick, Doster, Kantor & Reed, P.A.
215 North Eola Drive
Post Office Box 2809
Orlando, FL 32802-2809
(407)843.4600
Return recorded original to:
Office of General Counsel
St. Johns River Water Management District
4049 Reid Street /Highway 100 West
Palatka, FL 32177
CONSERVATION EASEMENT
THIS CONSERVATION EASEMENT is made this day of , 2009 by
WINTER SPRINGS INVESTMENTS, LLC, a Florida limited liability company, having an address at 1511
East S.R. 434, Suite 1025, Winter Springs, FL 32708, and WINTER SPRINGS GOLF, LLC, a Florida
limited liability company, having an address at c/o RDC Golf Group, Inc., 375 Forsgate Drive, Monroe
Township, New Jersey 08831 (together "Grantor"), in favor of the ST. JOHNS RIVER WATER
MANAGEMENT DISTRICT, a public body existing under Chapter 373, Florida Statutes (the "District'),
having a mailing address at 4049 Reid Street /Highway 100 West, Palatka, Florida 32177, and the CITY
OF WINTER SPRINGS, a Florida municipal corporation (the "City"), having a mailing address at 1126
East S.R. 434, Winter Springs, FL 32708 (the District and the City are hereinafter together referred to as
the "Grantee"}.
WITNESSETH:
WHEREAS, Grantor solely owns in fee simple certain real property located in Seminole County,
Florida, more particularly depicted and described in Exhibit "A" attached hereto and incorporated by this
reference (the "Property");
WHEREAS, Grantor grants this conservation easement as a condition of permit # 4-117-113714-
1 issued by Grantee, solely to off-set adverse impacts to natural resources, fish and wildlife, and wetland
functions; and
WHEREAS, Grantor desires to preserve the Property in its natural condition in perpetuity;
NOW THEREFORE, in consideration of the above and the mutual covenants, terms, conditions
and restrictions contained herein, and pursuant to the provisions of section 704.06, Florida Statutes,
Grantor hereby voluntarily grants and conveys to Grantee a conservation easement in perpetuity over the
Property of the nature and character and to the extent hereinafter set forth (the "Conservation
Easement"). Grantor fully warrants title to said Property, and will warrant and defend the same against
the lawful claims of all persons whomsoever.
00820651128808\1247004\1
1
Winter Springs Investments
\16523311 - # 2295793 v1
1. Purpose. The purpose of this Conservation Easement is to assure that the Property will
be retained forever in its existing natural condition and to prevent any use of the Property that will impair
or intertere with the environmental value of the Property.
2. Prohibited Uses. Any activity on or use of the Property inconsistent with the purpose of
this Conservation Easement is prohibited. Without limiting the generality of the foregoing, the following
activities and uses are expressly prohibited:
(a) Construction or placing buildings, roads, signs, billboards or other advertising, utilities or
other structures on or above the ground.
(b) Dumping or placing soil or other substance or material as landfill or dumping or placing of
trash, waste or unsightly or offensive materials.
(c) Removing or destroying trees, shrubs, or other vegetation, except dead, diseased, or
dangerous trees, shrubs, or other vegetation may be removed by the Grantee pursuant to paragraph 4
(c).
(d) Excavating, dredging or removing loam, peat, gravel, soil, rock or other material substances
in such a manner as to affect the surface.
(e) Surface use, except for purposes that permit the land or water area to remain
predominantly in its natural condition.
(f) Activities detrimental to drainage, flood control, water conservation, erosion control, soil
conservation, or f:sh and wildlife habitat preservation.
(g) Acts or uses detrimental to such retention of land or water areas.
(h) Acts or uses detrimental to the preservation of the structural integrity or physical
appearance of sites or properties of historical, architectural, archaeological, or cultural significance.
3. Reserved Rights. Grantor reserves unto itself, and its successors and assigns, all rights
accruing from its ownership of the Property, including the right to engage in or permit or invite others to
engage in all uses of the Property, that are not expressly prohibited herein and are not inconsistent with
the purpose of this Conservation Easement.
4. Rights of Grantee. To accomplish the purposes stated herein, Grantor independently
conveys the following rights to the District and the City:
0082065\128808\1247004\1
2
Winter Springs Investments
\165233\1 - # 2295793 v1
{a) To enter upon and inspect the Property in a reasonable manner and at reasonable times to
determine if Grantor or its successors and assigns are complying with the covenants and prohibitions
contained in this Conservation Easement.
{b) To proceed at law or in equity to enforce the provisions of this Conservation Easement
and the covenants set forth herein, to prevent the occurrence of any of the prohibited activities set forth
herein, and require the restoration of areas or features of the Property that may be damaged by any
activity inconsistent with this Conservation Easement.
{c) To enter upon the Property at any time when deemed necessary by either the District or
City in order to take whatever action is necessary to protect the public's interest related to appropriate
flood and stormwater control including, but not limited to, inspecting and surveying the Property, keeping
the Property free and clear of debris, vegetation, and sediment, and maintaining the flood control capacity
of Howell Creek and surrounding flood control facilities. The aforesaid right of entry shall be exercised in
the sole discretion of the City or District and shall not be construed as an obligation imposed on the City
or District. In the event the City or District intends to exercise the aforesaid right of entry, the City and/or
the District, as applicable, shall endeavor to provide Grantor at least flue (5) calendar days advance
written notice of its intention and coordinate any work to be performed with Grantor so as to minimize any
adverse impact to the Property and the adjacent land ;provided, however, neither the City nor the District
shall be liable for failure to provide such notice, and no such notice shall be required in the event of an
emergency. The exercise of the right of entry granted to the District and City hereunder shall not result in
any damage to the Property or adjacent land and in the event of such damage, the District and/or City,
whichever is responsible for such damage, shall promptly repair and restore the damaged area.
5. Grantee's Discretion. Either Grantee may enforce the terms of this Conservation
Easement at its discretion, but if Grantor breaches any term of this Conservation Easement and Grantee
does not exercise its rights under this Conservation Easement, Grantee's forbearance shall not be
construed to be a waiver by Grantee of such term, or of any subsequent breach of the same, or any other
term of this Conservation Easement, or of any of the Grantee's rights under this Conservation Easement.
No delay or omission by Grantee in the exercise of any right or remedy upon any breach by Grantor shall
impair such right or remedy or be construed as a waiver. Grantee shall not be obligated to Grantor, or to
any other person or entity, to enforce the provisions of this Conservation Easement.
6. Grantee's Liability. Grantor will assume all liability for any injury or damage to the person
or property of third parties which may occur on the Property arising from Grantor's ownership of the
Property. Neither Grantor, nor any person or entity claiming by or through Grantor, shall hold Grantee
liable for any damage or injury to person or personal property which may occur on the Property.
7. Acts Beyond Grantor's Control. Nothing contained in this Conservation Easement shall
be construed to entitle Grantee to bring any action against Grantor for any injury to or change in the
0082065\ 128808\ 1247004\ 1
3
Winter Springs Investments
\165233\1 - # 2295793 v1
Property resulting from natural causes beyond Grantor's control, including, without limitation, fire, flood,
storm and earth movement, or from any necessary action taken by Grantor under emergency conditions
to prevent, abate or mitigate significant injury to the Property or to persons resulting from such causes.
8. Recordation. Grantor shall record this Conservation Easement in timely fashion in the
Official Records of Seminole County, Florida, and shall rerecord it at any time Grantee may require to
preserve its rights. Grantor shall pay all recording costs and taxes necessary to record this Conservation
Easement in the public records. Grantor will hold Grantee harmless from any recording costs or taxes
necessary to record this Conservation Easement in the public records.
9. Successors. The covenants, terms, conditions and restrictions of this Conservation
Easement shall be binding upon, and inure to the benefit of the parties hereto and their respective
personal representatives, heirs, successors and assigns and shall continue as a servitude running in
perpetuity with the Property.
IN WITNESS WHEREOF, Grantor has executed this Conservation Easement on the day and
year first above written.
WITNESS OR ATTEST:
Signature of Witness
GRANTOR:
WINTER SPRINGS INVESTMENTS, LLC, a
Florida limited liability company
Printed Name of Witness
Signature of Witness
Printed Name of Witness
By: CONGRESSIONAL HOMES AND
DEVELOPERS, LLC, a Florida limited
liability company, its Manager
By:
Barbara Corkery, Manager
Dated:
STATE OF FLORIDA
COUNTY OF
The foregoing instrument was acknowledged before me this day of
2009, by Barbara Corkery, as Manager of CONGRESSIONAL HOMES AND DEVELOPERS, LLC, a
Florida limited liability company, as Manager of WINTER SPRINGS INVESTMENTS, LLC, a Florida
limited liability company, on behalf of said company. He is personally known to me or produced
as identification.
(NOTARY SEAL)
0082065\128808\1247004\1
Notary Public, State of Florida at Large
My Commission Expires:
4
Winter Springs Investments
\165233\1 - # 2295793 v1
WITNESS OR ATTEST:
Signature of Witness
Printed Name of Witness
GRANTOR:
WINTER SPRINGS GOLF, LLC, a Florida limited
liability company
BY: REACT GOLF, LLC, a Florida limited liability
company, its Manager
Signature of Witness
Printed Name of Witness
By:
Christopher R. Schiavone, Manager
Dated:
STATE OF FLORIDA
COUNTY OF SEMINOLE
The foregoing instrument was acknowledged before me this day of , 2009,
by Christopher R. Schiavone, Manager of React Golf, LLC, a Florida limited liability company, the
Manager of WINTER SPRINGS GOLF, LLC, a Florida limited liability company, on behalf of said
company. He is personally known to me or produced as
identification.
(NOTARY SEAL)
0082065\128808\1247004\1
Notary Public, State of Florida at Large
My Commission Expires:
5
Winter Springs Investments
\165233\1 - # 2295793 v1
Joinder & Consent
The undersigned, MORGRAN HOLDINGS, LLC, a Florida limited liability company ("Mortgagee"),
whose post office address is 203 Lookout Place, Suite A, Maitland, FL 32751, the Mortgagee under that
certain Mortgage, Assignment of Leases and Security Agreement dated _, 2009 recorded
2009, in Official Records Book ,Page ,Public Records of Seminole County,
Florida, hereby consents and joins in the foregoing Conservation Easement, and subordinates its
mortgage lien encumbering all or any part of the Property (as described in the foregoing Conservation
Easement) to the Conservation Easement.
IN WITNESS WHEREOF, this Joinder and Consent is executed by the undersigned this _ day of
2009.
Signed, sealed and delivered in the MORGRAN HOLDINGS, LLC, a Florida limited
presence of the following witnesses: liability company
Signature of Witness
Printed Name of Witness
Signature of Witness
Printed Name of Witness
STATE OF FLORIDA
COUNTY OF
Bv:
George L. Hayes, III, Vice President
The foregoing instrument was acknowledged before me this day of , 2009,
by George L. Hayes, III as Vice President of Morgran Holdings, LLC, a Florida limited liability company.
He is personally known to me or has produced as identification.
(NOTARY SEAL)
Notary Public Signature
(Name typed, printed or stamped)
0082065\128808\1247004\1
6
Winter Springs Investrnents
\165233\1 - #2295793 v1
Joinder & Consent
The undersigned, REACT LAND, LLC, a Florida limited liability company ("React") and WINTER
SPRINGS GOLF, LLC, a Florida limited liability company ("WSG")(React and WSG are collectively
referred to as "Mortgagee"), whose post office address is c/o RDC Golf Group, Inc., 375 Forsgate Drive,
Monroe Township, NJ 08831, the Mortgagee under that certain Balloon Purchase Money Mortgage dated
_, 2009 recorded , 2009, in Official Records Book ,Page ,Public
Records of Seminole County, Florida, hereby consents and joins in the foregoing Conservation
Easement, and subordinates its mortgage lien encumbering all or any part of the Property (as described
in the foregoing Conservation Easement) to the Conservation Easement.
IN WITNESS WHEREOF, this Joinder and Consent is executed by the undersigned this _ day of
2009.
WITNESS OR ATTEST: "REACT"
REACT LAND, LLC, a Florida limited liability
Signature otwitness Company
Printed Name of Witness BY: REACT GOLF, LLC, a Florida limited liability
company, its Manager
Signature of Witness
Printed Name of Witness By'
Christopher R. Schiavone, Manager
Dated:
STATE OF FLORIDA
COUNTY OF SEMINOLE
The foregoing instrument was acknowledged before me this day of , 2009,
by Christopher R. Schiavone, Manager of React Golf, LLC, a Florida limited liability company, the
Manager of REACT LAND, LLC, a Florida limited liability company, on behalf of said company. He is
personally known.to me or produced as identification.
(NOTARY SEAL)
0082065\128808\1247004\i
Notary Public, State of Florida at Large
My Commission Expires:
7
Winter Springs Investments
\165233\1 - # 2295793 v1
WITNESS OR ATTEST: "WSG"
Signature of Witness
WINTER SPRINGS GOLF, LLC, a Florida limited
liability company (as to Parcel 11)
Printed Name of Witness
Signature of Witness
Printed Name of Witness
BY: REACT GOLF, LLC, a Florida limited liability
company, its Manager
By:
Christopher R. Schiavone, Manager
STATE OF FLORIDA
COUNTY OF SEMINOLE
Dated;
The foregoing instrument was acknowledged before me this day of , 2009,
by Christopher R. Schiavone, Manager of React Golf, LLC, a Florida limited liability company, the
Manager of WINTER SPRINGS GOLF, LLC, a Florida limited liability company, on behalf of said
company. He is personally known to me or produced as
identification.
(NOTARY SEAL)
Notary Public, State of Florida at Large
My Commission Expires:
00820651128808\1247004\1
8
Winter Springs Investments
\16523311 - # 2295793 v1
Acknowledged and accepted by the City of Winter Springs, a Florida municipal corporation, this
,day of , 2009.
ATTEST:
By:
Andrea Lorenzo Luaces, City Clerk
CITY SEAL
STATE OF FLORIDA
COUNTY OF SEMINOLE
CITY OF WINTER SPRINGS
By:
John F. Bush, Mayor
APPROVED AS TO FORM AND LEGALITY
For the use and reliance of the City of Winter
Springs, Florida only.
Date:
By:
Anthony Garganese, City Attorney for the Ciry
of Winter Springs, Florida
Personally appeared before me, the undersigned authority, John F. Bush and Andrea Lorenzo
Luaces, well known to me to be the Mayor and City Clerk respectively, of the City of Winter Springs,
Florida, and acknowledged before me that they executed the foregoing instrument on behalf of the City
of Winter Springs, as its true act and deed, and that they were duly authorized to do so.
Witness my hand and official seal this day of , 2009.
(NOTARY SEAL)
0082065\12880811247004\1
Notary Public
My commission expires:
9
Winter Springs Investments
\165233\1 - # 2295793 v1
Exhibit "A"
0082065 \1247004 \1
Winter Springs Investments
\165233 \1 2295793 v1
DESCRIPTION:
A PORTION LAND LYING IN LOTS 6 AND 7, THE EAST PART OF PHILIP R. YONGE GRANT, SOUTH PART, AS RECORDED IN
PLAT BOOK 1, PAGE 38, OF THE PUBLIC RECORDS OF SEMINOLE COUNTY, FLORIDA, SECTION 7, TOWNSHIP 21 SOUTH,
RANGE 31 EAST, SEMINOLE COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED A5 FOLLOWS:
COMMENCE AT THE NORTHERLY MOST CORNER OF LOT 38, CHELSEA PARC AT TUSCAWILLA PHASE II AS RECORDED IN
PLAT BOOK 46, PAGES 64 AND 65 IN THE PUBLIC RECORDS OF SEMINOLE COUNTY, FLORIDA; THENCE SOUTH 29'47'02"
WEST, A DISTANCE OF 7.71 FEET TO THE POINT OF BEGINNING; THENCE SOUTH 29'47'02" 1VEST, A DISTANCE OF 6.90
FEET; THENCE SOUTH 17'37'28" EAST, A DISTANCE OF 70.78 FEET; THENCE SOUTH 36'07'55" WEST, A DISTANCE OF 67.49
FEET; THENCE NORTH 76'26'55" 1NEST, A DISTANCE OF 72.69 FEET; THENCE SOUTH 51'59'49" 1NEST, A DISTANCE OF
77.50 FEET; THENCE SOUTH 22'25'15" WEST, A DISTANCE OF 276.24 FEET; THENCE SOUTH 01'02'05" EAST, A DISTANCE
OF 114,88 FEET TO A POINT OF CURVATURE OF A CIRCULAR CURVE CONCAVE NORTHEASTERLY HAVING A RADIUS OF
55.84 FEET, A CENTRAL ANGLE OF 64'09'43" AND A CHORD DISTANCE OF 59.32 FEET WHICH BEARS SOUTH 33'06'53"
EAST; THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE A DISTANCE OF 62.53 FEET; THENCE NORTH 87'21'55"
WEST, A DISTANCE OF 29.76 FEET; THENCE SOUTH 46'55'04" EAST, A DISTANCE OF 12.42 FEET; THENCE SOUTH 44'06'25"
EAST, A DISTANCE OF 27.68 FEET; THENCE SOUTH 39'39'46" EAST, A DISTANCE OF 25.27 FEET; THENCE SOUTH 73'30'18"
WEST, A DISTANCE OF 16.37 FEET; THENCE SOUTH OD'15'34" EAST, A DISTANCE OF 59.92 FEET TO A POINT OF
CURVATURE OF ANON-TANGENT CURVE CONCAVE NORTHWESTERLY HAVING A RADIUS OF 26.02 FEET, A CENTRAL ANGLE
OF 85'57'26" AND A CHURD DISTANCE OF 35.48 FEET WHICH BEARS SOUTH 38'06'26" WEST; THENCE SOUTHWEST''=RLY
ALONG THE ARC OF SAID CURVE A DISTANCE OF 39.04 FEET; THENCE NORTH 63'07'45" WEST, A DISTANCE OF 31.77
FEET; THENCE NORTH 56'30'35" WEST, A DISTANCE OF 56.63 FEET; THENCE NORTH 75'42'24" WEST, A DISTANCE OF
52.15 FEET; THENCE SOUTH 89'49'53" WEST, A DISTANCE OF 61.06 FEET; THENCE NORTH 62'56'37" WEST, A DISTANCE OF
92.94 FEET; THENCE SOUTH 8Z'35'27" NlEST, A DISTANCE OF 41.26 FEET; THENCE SOUTH 60'06'09" WEST, A DISTANCE
OF 23.84 FEET; THENCE NORTH 83'09'11" ~'~EST, A DISTANCE OF 46.15 FEET; THENCE NORTH 17'19'33" EAST, A DISTANCE
OF 28.23 FEET; THENCE NORTH 79'30'21" EAST, A DISTANCE OF 55.95 FEET; THENCE NORTH 22'52'03" WEST, A DISTANCE
OF 32.74 FEET; THENCE NORTH 28'39'14" WEST, A DISTANCE OF 11.18 FEET; THENCE NORTH 87'21'20" WEST, A DISTANCE
OF 171.66 FEET; THENCE NORTH 00'16'24" WEST, A DISTANCE OF 7.23 FEET; THENCE NORTH 35'14'36" EAST, A DISTANCE
OF 38.42 FEET; THENCE NORTH 34'55'34" EAST, A DISTANCE OF 23.32 FEET; THENCE NORTH 65'21'28" EAST, A DISTANCE
OF 28.47 FEET; THENCE NORTH 02'25'08" EAST, A DISTANCE OF 71.09 FEET; THENCE NORTH 00'00'00" WEST, A
DISTANCE OF 43.01 FEET; THENCE NORTH 48'57'19" WEST, A DISTANCE OF 31.60 FEET; THENCE NORTH 00'00'00" WEST, A
DISTANCE OF 14.84 FEET; THENCE SOUTH 89'35'38" EAST, A DISTANCE OF 41.03 FEET; THENCE NORTH 00'24'22" EAST, A
DISTANCE OF 161.61 FEET; THENCE SOUTH 89'21'28" EAST, A DISTANCE OF 91.29 FEET; THENCE SOUTH 86'44'03" EAST, A
DISTANCE OF 108.02 FEET; THENCE NORTH 03'15'57" EAST, A DISTANCE OF 43.89 FEET; THENCE SOUTH 86'44'03" EAST,
A 015TANCE OF 47.98 FEET TO A POINT OF CURVATURE OF A CIRCULAR CURVE CONCAVE NORTHWESTERLY HAVING A
RADIUS OF 53.50 FEET, A CENTRAL ANGLE OF 703'33'10" AND A CHORD DISTANCE OF 84.06 FEET WHICH BEARS NORTH
41'29'22" EAST; THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE A DISTANCE OF 96.69 FEET TO A LINE BEING
NOT-TANGENT; THENCE NORTH 57'37'26" EAST, A DISTANCE OF 17.03 FEET; THENCE NORTH 82'00'33" EAST, A DISTANCE
OF 9.79 FEET TO A POINT OF CURVATURE OF A CIRCULAR CURVE BEING NON-TANGENT AND CONCAVE SOUTHEASTERLY
HAVING A RADIUS OF 6.00 FEET, A CENTRAL ANGLE OF 34'30'26" AND A CHORD DISTANCE OF 3.56 FEET WHICH BEARS
NORTH 81'35'42" EAST; THENCE ALONG THE ARC OF SAID CURVE A DISTANCE OF 3.61 FEET TO A POINT OF TANGENCY;
THENCE SOUTH 81'09'05" EAST, A DISTANCE OF 56.32 FEET; THENCE NORTH 45'05'20" EAST, A DISTANCE OF 29.23 FEET;
THENCE NORTH 39'50'53" EAST, A DISTANCE OF 52.70 FEET; THENCE NORTH 09'07'15' EAST A DISTANCE OF 66.53 FEET
TO A POINT OF CURVATURE OF A CIRCULAR CURVE BEING NOT-TANGENT AND CONCAVE SOUTHWESTERLY HAVING A
RADIUS OF 2284.88 FEET, A CENTRAL ANGLE OF 05'36'44" AND CHORD DISTANCE OF 223.72 FEET WHICH BEARS SOUTH
76'26'50" EAST; THENCE ALONG THE ARC OF SAID CURVE A DISTANCE OF 223.81 FEET TO THE POINT OF BEGINNING.
CONTAINING 6.37 ACRES (277,443 50UARE FEET), MORE OR LESS.
In accordance with CH-6T G17-6
of the Florida Administrative Code,
this Description and Sketch of Description
bears the notation: SHEET 1 of z
THIS I S N O T A SURVEY. SEE SHEET 2 OF 2 FOR SKETCH
BEARINGS SHOWN HEREON ARE BASEC ON THE WEST
BOUNDARY LINE OF CHELSEA PARC A i TUSCAWILLA PHASE
II AS BEING 522'25'15"W, PER PLAT.
SKETCH OFaFDESCRI
CONSERVATION EASE!dENT
TUSCAWILLA COUNTRY CLUB
DATE: 5/05/08 REVISED:
SCALE 1"=150' 5/6/08 OVERALL ESMT
6/25/08 REV ACREAG
APPROVED 8Y: GJS 1/14/09 REV MISC.
JOB N0. 7070901
DRAWN BY: GJS
AMERICAN
SURVEYING
$c MAPPING INC.
CERTiF1CA7I0N OF AUTrIORIZATON NUMBER LB{fi393
1030 N, ORLANDO AVE, SUITE B
ri7NTER PAFK, t10RI0A 32789
(407) 426-7979
WAW.AMERICANSUR VEYINGANDM APPING.COM
1. THE SURVEYOR HAS NOT ABSTRACTED THE
LAND SHOWN HEREON FOR EASE6IENTS, RIGHT
OF WAY, RESTRICTIONS OF RECORD WHICH MAY
AFFECT THE TITLE OR USE OF THE LAND
2. ND IMPROVEMENTS HAVE BEEN LOCATED.
3. NOT VALID WITHOUT THE SIGNATURE AND
THE ORIGINAL RAISED SEAL OF A FLORIDA
LICENSED SURVEYOR AND MAPPER.
4. THIS DOCUMENT CONSISTS OF 2 SHEETS,
NOT FULL OR COMPLETE N7THOUT ALL SHEETS.
/ef ~ ~~l~.j "a C
GENEL J. S. EON, PSM~-
SKETCH OF DESCRIPTION:
CONSERVATION EASEMENT
TUSCAWILLA COUNTRY CLUB
~N7~
ry~
(O.R. g~N~1 Dn,.
~"'
~
WW
A
t~ Po4
""
_ *
~64
gY
W
pO~NT
17 ~.
NO.2iY'
'
W ' _ 076Yy S~ALtIEIyL•fM
LOT 6 ~ h ~' • ~~ 529'47'02"W
'
I
° ~ L=223.81' 7.77
THE EAST PART OF PHIUP R. o 'O R=2264.88' L7
YONGE GRANT, SOUTH PART 2
0 75 150 PUT eOOK ~~ PAGE 38 ryn'
v D=05'36'44' N
--~'~ \ POINT OF BEGINNING
CB=576'26'50"E ol?
\
.y
7
`7 ,
CH=223.72' ~~.; \
LZ2 \
~ti0 L2
'
'
" NON-TANGENT ~ \ tnt ~
=150
1
Nr~ h \
N7
586'44'03"E NT L=3.67'
' y0 ~
72.6g 5°w .O^ Int si ~
9
47.98' R=6.00
X34'30'26' \ „~' \ \\
1~•gl`
wt w\rr~
~y
m:' L=96.69' C8=N87'35'a2'E
'
' y
\ \
\1D~ " \ Q`rP~
\
y
CH=3.56
S8921'28'E 586'44'03°E "7iA R=53.50
A=703'33'70'
~'
' \
V~°A' txACt •A• \\ ~\~,6 "65~
v
^
91.29
70
8.02' ;.~ C8=N47'29'22'E ~ P ~ ~
gym' mane ~y Q~c`r`' ~
~
2 CH=84.06' ~~_
~` PS .a
G r~'
589'35'38"E o~e
47.03' ~ ~
PROPOSED CONSERVATION EASEMENT
N48'S7'19'W 277,443 sq.ft.
37.60' 6.37 acres
43.07
55'34°E o ~
~ L=62.53'
23.32'
'L
N6g
a Al A=64'09'43°
~ ' CB~533'O6'S3°
N35'14'36'E CH=59.32'
38.42' NON-TANGENT
L19 L18
Ne7'zr2o'w
171.66' LoT 7
Lt6 ~ R
N
YONGE GRA
T, SOUTH PAR
~ ~ 1 l2 _ PUT 900K f, PAGE 38
NSCAW7LIA COUNTRY CLUB
GOLF COURSE
LEGEND
R DENOTES RADIUS
D DENOTES CENTRAL ANGLE
L DENOTES ARC LENGTH
CH DENOTES CHORD LENGTH
CB DENOTES CHORD BEARING
NT DENOTES NON TANGENT
y~'~ tnra pryL1g
;r~^y \ \~,PQ \NT
Int ~~
~~.
~3 w' u
mr n `I~iELSEA PARC
AT TUSCAWIILA
_ ~ PHASE 1
LOf if (PUT 900N t6, PACE 92-83)
tnt eo ---~
FOX GLEN AT CHELSEA PARC,
TUSCAWR.LA
(PUT 900( ~9. PACES 78-82)
TiAL: •A•
•Ls
S00'15'34'E
59.92'
L=39.04'
R=26.02'
d=85'57'26°
CB=S38'O6'26"W
CH=35.48'
NON-TANGENT
SHEET 2 OF 2
SEE SHEET 1 OF 2 FDR DESCRIPTION
Dpi: 5/O6/OB REVISED:
SCALE• 1'=150 /6/OB OVERALL ESMT
6/25/08 REV ACREAGE
APPROVED 8Y: CJS 7/74/09 REV MISC.
JDB N0. 7070901
DRA1W E3Y: GJS
LINE TABLE
LINE BEARING LENGTH
L1 S29'47'02'W 6.90'
L2 N87'21'S5'W 29.76'
L3 S46'S5'04`E 12.42'
L4 S44'06'25'E 27.68'
LS S39'39'48'E 25.27'
L6 S73'30'18'W 16.37'
L7 N83'07'45'W 31.77'
L8 N56'30'35'W 56.63'
L9 N75'42'24'W 52.15'
L10 S89'49'S3'W 61.06'
Lll N62'S6'37'W 92.94'
L12 S82'35'27'W 41.26'
Li3 S60'06'09'W 23.84'
L14 N83.09'lt'W 46.15'
L15 N17'19'33'E 28.23'
L16 N79'30'21'E 55,95'
L17 N22'S2'03'W 32.74'
L16 N28'39'14'W 11.18'
L19 N00'16'24'W 7.23'
L20 N57'37'26'E 17.03'
L21 N82'DD'33'E 9.79'
L22 S81'09'OS'E 56.32'
L23 N45'DS'20'E 29.23'
L24 N39.50'S3'E 52.70'
AMERICAN
SURVEYING
8c MAPPING INC.
CERTIFlCA710N Or AU7HORIZAl70N NUM6ER L6@x793
1030 N. ORLAN00 AVE, SUITE 8
WINTER PARK, FlORIOA 32789
(407) 426-7979
WA'W.AM ERICAN6UR~YIN GANOMAPP{NG.C OM
THIS INSTRUMENT WAS PREPARED BY
AND SHOULD BE RETURNED TO:
Patrick K. Rinka, Esquire
Lowndes, Drosdick, Doster, Kantor 8 Reed, P.A.
215 North Eola Drive
Post Office Box 2809
Orlando, FL 32802-2809
(407)843-4600
Return recorded original to:
Office of General Counsel
St. Johns River Water Management District
4049 Reid Street /Highway 100 West
Palatka, FL 32177
CONSERVATION EASEMENT
THIS CONSERVATION EASEMENT is made this day of , 2009 by
WINTER SPRINGS GOLF, LLC, a Florida limited liability company, having an address at c/o RDC Golf
Group, Inc., 375 Forsgate Drive, Monroe Township, New Jersey 08831 ("Grantor"), in favor of the ST.
JOHNS RIVER WATER MANAGEMENT DISTRICT, a public body existing under Chapter 373, Florida
Statutes (the "District"), having a mailing address at 4049 Reid Street /Highway 100 West, Palatka,
Florida 32177, and the CITY OF WINTER SPRINGS, a Florida municipal corporation (the "City"), having a
mailing address at 1126 East S.R. 434, Winter Springs, FL 32708 (the District and the City are hereinafter
together referred to as the "Grantee").
WITNESSETH:
WHEREAS, Grantor solely owns in fee simple certain real properly located in Seminole County,
Florida, more particularly depicted and described in Exhibit "A" attached hereto and incorporated by this
reference (the "Property");
WHEREAS, Grantor grants this conservation easement as a condition of permit # 4-117-113714-
1 issued by Grantee, solely to off-set adverse impacts to natural resources, fish and wildlife, and wetland
functions; and
WHERE,RS, Grantor desires to preserve the Property in its natural condition in perpetuity;
NOW TH=REFORE, in consideration of the above and the mutual covenants, terms, conditions
and restrictions contained herein, and pursuant to the provisions of section 704.06, Florida Statutes,
Grantor hereby voluntarily grants and conveys to Grantee a conservation easement in perpetuity over the
Property of the nature and character and to the extent hereinafter set forth (the "Conservation
Easement"). Grantor fully warrants title to said Property, and will warrant and defend the same against
the lawful claims of all persons whomsoever.
ooszoes\ t zasos\ i z4~o~e\ i
Winter Springs Investments 1
\165233\1 - # 230118's v1
1. Purpose. The purpose of this Conservation Easement is to assure that the Property will
be retained forever in its existing natural condition and to prevent any use of the Property that will impair
or interfere with the environmental value of the Property.
2. Prohibited Uses. Any activity on or use of the Property inconsistent with the purpose of
this Conservation Easement is prohibited. Without limiting the generality of the foregoing, the following
activities and uses are expressly prohibited:
(a) Construction or placing buildings, roads, signs, billboards or other advertising, utilities or
other structures on or above the ground.
(b) Dumping or placing soil or other substance or material as landfill or dumping or placing of
trash, waste or unsightly or offensive materials.
(c) Removing or destroying trees, shrubs, or other vegetation, except dead, diseased, or
dangerous trees, shrubs, or other vegetation may be removed by the Grantee pursuant to paragraph 4
(c).
(d) Excavating, dredging or removing loam, peat, gravel, soil, rock or other material substances
in such a manner as to affect the surface.
(e) Surface use, except for purposes that permit the land or water area to remain
predominantly in its natural condition.
(f) Activities detrimental to drainage, flood control, water conservation, erosion control, soil
conservation, or fish and wildlife habitat preservation.
(g) Acts or uses detrimental to such retention of land or water areas.
(h) Acts or uses detrimental to the preservation of the structural integrity or physical
appearance of sites or properties of historical, architectural, archaeological, or cultural significance.
3. Reserved Riohts. Grantor reserves unto itself, and its successors and assigns, all rights
accruing from its ownership of the Property, including the right to engage in or permit or invite others to
engage in all uses of the Property, that are not expressly prohibited herein and are not inconsistent with
the purpose of this Conservation Easement.
4. Riahts of Grantee. To accomplish the purposes stated herein, Grantor independently
conveys the following rights to the District and the City:
0082065.128808\ 1247006`.1
Winter Springs Investrnents 2
\165233\1 - # 2301183 v1
(a) To enter upon and inspect the Property in a reasonable manner and at reasonable times to
determine if Grantor or its successors and assigns are complying with the covenants and prohibitions
contained in this Conservation Easement.
(b} To proceed at law or in equity to enforce the provisions of this Conservation Easement
and the covenants set forth herein, to prevent the occurrence of any of the prohibited activities set forth
herein, and require the restoration of areas or features of the Property that may be damaged by any
activity inconsistent with this Conservation Easement.
(c) To enter upon the Property at any time when deemed necessary by either the District or
City in order to take whatever action is necessary to protect the public's interest related to appropriate
flood and stormwafer control including, but not limited to, inspecting and surveying the Property, keeping
the Property free and clear of debris, vegetation, and sediment, and maintaining the flood control capacity
of Howell Creek and surrounding flood control facilities. The aforesaid right of entry shall be exercised in
the sole discretion of the City or District and shall not be construed as an obligation imposed on the City
or District. In the event the City or District intends to exercise the aforesaid right of entry, the City and/or
the District, as applicable, shall endeavor to provide Grantor at least five (5) calendar days advance
written notice of its intention and coordinate any work to be performed with Grantor so as to minimize any
adverse impact to the Property and the adjacent land ;provided, however, neither the City nor the District
shall be liable for failure to provide such notice, and no such notice shall be required in the event of an
emergency. The exercise of the right of entry granted to the District and City hereunder shall not result in
any damage to the Property or adjacent land and in the event of such damage, the District and/or City,
whichever is responsible for such damage, shall promptly repair and restore the damaged area.
5. Grantee's Discretion. Either Grantee may enforce the terms of this Conservation
Easement at its discretion, but if Grantor breaches any term of this Conservation Easement and Grantee
does not exercise its rights under this Conservation Easement, Grantee's forbearance shall not be
construed to be a waiver by Grantee of such term, or of any subsequent breach of the same, or any other
term of this Conservation Easement, or of any of the Grantee's rights under this Conservation Easement.
No delay or omission by Grantee in the exercise of any right or remedy upon any breach by Grantor shall
impair such right or remedy or be construed as a waiver. Grantee shall not be obligated to Grantor, or to
any other person or entity, to enforce the provisions of this Conservation Easement.
6. Grantee's Liability. Grantor will assume all liability for any injury or damage to the person
or property of third parties which may occur on the Property arising from Grantor's ownership of the
Property. Neither Grantor, nor any person or entity claiming by or through Grantor, shall hold Grantee
liable for any damage or injury to person or personal property which may occur on the Property.
7. Acts Beyond Grantor's Control. Nothing contained in this Conservation Easement shall
be construed to entitle Grantee to bring any action against Grantor for any injury to or change in the
0082065\128808\1247006\I
Winter Springs Investments 3
\165233\1 - # 2301183 v1
Property resulting from natural causes beyond Grantor's control, including, without limitation, fire, flood,
storm and earth movement, or from any necessary action taken by Grantor under emergency conditions
to prevent, abate or mitigate significant injury to the Property or to persons resulting from such causes.
8. Recordation. Grantor shall record this Conservation Easement in timely fashion in the
Official Records of Seminole County, Florida, and shall rerecord it at any time Grantee may require to
preserve its right. Grantor shall pay all recording costs and taxes necessary to record this Conservation
Easement in the public records. Grantor will hold Grantee harmless from any recording costs or taxes
necessary to record this Conservation Easement in the public records.
9. Successors. The covenants, terms, conditions and restrictions of this Conservation
Easement shall be binding upon, and inure to the benefit of the parties hereto and their respective
personal representatives, heirs, successors and assigns and shall continue as a servitude running in
perpetuity with the Property.
IN WITNESS WHEREOF, Grantor has executed this Conservation Easement on the day and
year first above written.
WITNESS OR ATTEST: GRANTOR:
WINTER SPRINGS GOLF, LLC, a Florida limited
Signature of Witness liability company (as to Parcel II)
Printed Name of Witness BY: REACT GOLF, LLC, a Florida limited liability
company, its Manager
Signature of Witness
Printed Name of Witness By'
Christopher R. Schiavone, Manager
Dated:
STATE OF
COUNTY OF
The foregoing instrument was acknowledged before me this day of , 2009,
by Christopher R. Schiavone, Manager of React Golf, LLC, a Florida limited liability company, the
Manager of WINTER SPRINGS GOLF, LLC, a Florida limited liability company, on behalf of said
company. He is personally known to me or produced as
identification.
(NOTARY SEAL)
Notary Public, State of Florida at Large
My Commission Expires:
0032065\128308\12470G6\1
Winter Springs Investments 4
\16523311 - # 2301183 v1
Acknowledged and accepted by the City of Winter Springs, a Florida municipal corporation, this
.day of , 2009.
ATTEST:
By:
Andrea Lorenzo Luaces, Ciry Clerk
CITY SEAL
CITY OF WINTER SPRINGS
By:
John F. Bush, Mayor
APPROVED AS TO FORM AND LEGALITY
For the use and reliance of the City of Winter
Springs, Florida only.
Date:
By:
Anthony Garganese, City Attorney for the City
of Winter Springs, Florida
STATE OF FLORIDA
COUNTY OF SEMINOLE
Personally appeared before me, the undersigned authority, John F. Bush and Andrea Lorenzo
Luaces, well known to me to be the Mayor and City Clerk respectively, of the City of Winter Springs,
Florida, and acknowledged before me that they executed the foregoing instrument on behalf of the City
of Winter Springs, as its true act and deed, and that they were duly authorized to do so.
Witness my hand and official seal this day of , 2009.
(NOTARY SEAL)
Notary Public
My commission expires:
0082061U 28808\ 1247006\ 1
Winter Springs Investments 5
\16523311 - # 2301183 v1
Exhibit "A"
008206\ 128808U 247006\I
Winter Springs Investments
\165233\1 - # 2301183 v1
SKETCH OF DESCRIPTION
(THIS IS NOT A SURVEY)
DESCRIPROk:
A PORTION OF PHIWP R. YONCE GRANT, A RECORDED IN PIAT BOOK 1, PAGE 38, PUBLIC RECORDS OF SEMINOLE COUNTY
FLORIDA; MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGIN AT THE WESTERLY MOST CORNER OF LOT 16, BENTLEY CLUB AT BENTLEY GREEN AS RECORDED IN PLAT BOOK 44,
PAGES 35-37 OF THE PUBLIC RECORDS OF SEMINOLE COUNTY, FLORIDA THENCE RUN ALONG THE WESTERLY LINE OF LOTS
15, 74, 13, 72, 17 AND 10 OF SAID BENTLEY CLUB AT BENTIEY GREEN THE FOLLOWING 10 (TEN) CDURSES AND DISTANCES:
518'473414 A DISTANCE OF 21.66 FEET, THENCE N42'23'311Y A DISTANCE OF 73.29 FEET, THENCE SO6'02'131Y A DISTANCE
OF 79.25 FEET, THENCE S24'28'O6i4 A DISTANCE OF 51.90 FEET, THENCE 521'36'48'E A DISTANCE OF 84.60 FEET,
THENCE S1S25'OS'E A DISTANCE OF 760.26 FEET, THENCE S64'20'12Y/ A DISTANCE OF 707.70 FEET, THENCE SO6'OB'7TW
A DISTANCE OF 107.86 FEET, THENCE 540'31'181N A DISTANCE OF 53.38 FEET, (HENCE 514'31'1514 A DISTANCE OF 103.24
FEET, THENCE DEPARTING SAID WESTERLY BOUNDARY LINE OF SAID BENR.EY CLUB AT BENTLEY GREEN CONRNUE 514'31'151Y
A DISTANCE OF 1.60 FEET; THENCE N7T43'45'W A DISTANCE OF 30.16 FEET, THENCE SDO'24'S31Y A DISTANCE OF 32.57
FEET. THENCE S54'26'46'E A DISTANCE OF 85.72 FEET, THENCE S35'29'49'W A DISTANCE OF 54.75 FEET, (HENCE
529'56'0014 A DISTANCE OF 727.77 FEET, THENCE 579'51'2514 A DISTANCE OF 63.13 FEET, THENCE N14'S9'26°E A
DISTANCE OF 98.54 FEET, THENCE 574'45'411V A DISTANCE OF 47.12 FEET, THENCE N74'44'ZB'V! A DISTANCE OF 42.05
FEET, THENCE N40'37'S6°E A DISTANCE OF 72.98 FEET, THENCE NOT15'14"W A DISTANCE OF 97.95 FEET, THENCE
58724'28"E A DISTANCE OF 9.13 FEET, THENCE 575'2B'46'E A DISTANCE OF 61.73 FEET, THENCE Ni4'07'40'E A DISTANCE
OF 157.04 FEET, THENCE N75'39'10'W A DISTANCE OF 88.24 FEET, THENCE N45'S2'3214 A DISTANCE OF 19.05 FEET,
THENCE ND2'32'4814 A DISTANCE OF 199.41 FEET, THENCE N34'43'2714 FOR A DISTANCE OF 7.33 FEET, THENCE
N31'46'S914 FOR A DISTANCE OF 31.33 FEET, THENCE N10'24'33°E FOR A DISTANCE OF 36.36 FEET, THENCE N7 T43'S4'W
FOR A DISTANCE OF 33.26 FEET, THENCE N35'26'S9'W FOR A DISTANCE OF 24.44 FEET, THENCE N4T06'381Y FOR A
DISTANCE OF 20.30 FEET, THENCE N70'76'36"E FOR A DISTANCE OF 31.58 FEET. THENCE NOi'25'311Y FOR A DISTANCE OF
43.21 FEET, THENCE Ni4'32'26"E FOR A DISTANCE OF ZB.82 FEET TO A POINT ON A CURVE CONCAVE NORTHERLY, HAVING
A RADIUS OF 70.86 FEET, A CENTRAL ANGLE OF 81'32'50" AND A CHORD BEARING OF 587'29'30'E; THENCE RUN ALONG THE
ARC OF SAID CURVE A DISTANCE OF 100.85 FEET TO THE POINT OF TANGENCY, THENCE NST44'OS"E A DISTANCE OF 700.80
FEET TO THE POINT OF CURVATURE OF A CURVE CONCAVE NORTHWESTERLY, HAVING A RADIUS OF 83.00 FEET AND A
CENTRLI. ANGLE OF 41'16'34', THENCE RUN AIANC THE ARC OF SAID CURVE A DISTANCE OF 59.79 FEET 70 THE POINT OF
TANGENCEY; THENCE Ni6'27'31°E A DISTANCE OF 11.13 FEET, THENCE N34'23'39'E FOR A DISTANCE OF 3.80 FEET, THENCE
563'48'54"E FOR A DISTANCE OF 8.46 FEET, THENCE S60'28'11'E FOR A DISTANCE OF 64.38 FEET, THENCE N6T39'45'E
FOR A DISTANCE OF 52.99 FEET, THENCE 566'25'35"E FOR A DISTANCE OF 3.78 FEET, THENCE S7T48'40'E A DISTANCE OF
72.41 FEET, THENCE S10'08'S8'E FOR A DISTANCE OF 82.74 FEET, THENCE 520'37'5414 A DISTANCE OF 39.65 FEET,
THENCE N69'1B'41'W FOR A DISTANCE OF 700.81 FEET TO THE POINT OF BEGINNING.
CONTAINING 3.58 ACRES MORE OR LESS.
LINE TABLE
LINE LENGTH BEARING
L1 30.16 N7T43'45"W
L2 32.51 S00'24'S3"W
L3 85.72 554'26'46'E
L4 54.15 S35'29'49"W
L5 121.77 S29'S6'00'W
L6 63.13 S79'S1'25"W
L7 98.54 N14'S9'26"E
L8 41.12 574'45'41"W
L9 42.05 N14'44'28"W
L10 72.98 N40'37'56"E
L11 97.95 NOT15'14"W
L72 9.13 58724'28"E
L13 61.73 575'28'45"E
L74 151.04 N14'07'40"E
L15 66.24 N75'39' 10"W
L16 19.05 N45'S2'32°W
L17 199.41 N02'32'48"W
L18 7.33 N34'43'27"W
L79 31.33 N31'46'59"W
120 36.36 N10'24'33"E
L21 33.26 N11'43'54"W
L22 24.44 N35'26'S9'l4
L23 20.30 N4T06'38"W
L24 31.58 N 10' 16'36"E
L25 43.21 N01'25'311Y
L26 28.82 N14'32'26"E
L27 NOT USED NOT USED
L28 NOT USED NOT USED
L29 NOT USED NOT USED
L30 NOT USED NOT USED
HENR/CH-LUKE &
SWAGGERTY, LLC
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LINE TA BLE
LINE LENGTH BEARING
L31 100.80 N57'44'OS"E
L32 NOT USED NOT USED
L33 NOT USED NOT USED
L34 NOT USED NOT USED
135 11.13 N16'27'31"E
L36 3.80 N34'23'39"E
L37 8.46 563'48'54"E
L38 64.38 560'28'11"E
L39 52.99 N67'39'45"E
L40 3.78 568'25'35°E
L41 72.41 57747'38"E
L42 82.74 510'08'58"E
L43 39.65 S20'37'S4'W
LEGEND
R~ RADIUS
L~ LENGTH
CAs CENTRAL ANGLE
CBm CHORD BEARING
A~7$
7 WF~ -WETLAND FiAO W/NUMBER
Job No: E-6096
Date: 2-29-08
Drown ey: JAL
Scale: NONE
SHEET t OF 2
NOT VAL10 WIMOIIT THE SIGNATURE AND THE
ORK:PNL RNSEO SEAT. OF A FLORIN LICENSED
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SURVE7
OR AND MAPPER. y
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Mork I. Luke ,~
Professional Surveyor & Mopper ~-
FloridD Registration ~SDO6
SKETCH OF DESCRIPTION
(THIS IS NOT A SURVEY)
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surveyors 8 mappers
+~90 Sunsnotlo. Onrc
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8[ COStelDerry, FIw:CD !2)07
(+07J 6~)-7l~6
FAX (t01J 6~7-8091
licensed aviness Na. 7776
BEARINGS ARE BASED ON THE PLAT OF BENTLEY
CLUB AT BENTLEY GREEN P.B. 44, PC. 35
SHEET 2 OF 2
I+or varo wnnour rnE vDNAruaL ANO rnt
ORICIPUL RAISED SEAL Df A FLORIDA LICEN$CD
$URVEYDR AND A4.PPER
Job No: G-bDgb
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Dote:
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Drawn 8y: JAL .~-
Scale: t"=100' Mork I. Luke ,_,
Professionol Surveyor & Mapper ~
Florido RegistroGon jf 5000