526 White Cedar Estates
~5~
11111111111111111 UI II III II utll Ill. IlII11U 11111 11111 1 IUl
Berry J. Walker, Jr., Esquire
Florida Bar Number 0742960
WALKER & TUDHOPE, P.A.
1053 Maitland Center Commons Blvd., Suite 200
Maitland, Florida 32751
Phone: (407) 478-1866
Fax: (407) 478-1865
E-Mail Address:berryw@walkerandtudhope.com
MARYANNE MOR!:iE, CLERK OF CIRt..'UlT COURT
SEMINOlE COIMTV
8t( 0./005 Pgl 1096 - 1102, rtpgs)
CLERK'S # 2008064782
RE::COkOCD 06/o.;/~ 01:30115 PM
DEf:lJ noc TAX 0.70
RECOkDING FEES 61.00
RECORDED BY L McKinltV
Prepared by and after recording return to:
DRATNA(;R RASRMRNT A(;RRRMRNT
THIS DRAINAGE EASEMENT AGREEMENT ("Easement") is made as of the cJ8:!:!J
day of May, 2008, by and between White Cedar Estates, LLC, a Florida Limited Liability
Company, whose address if 1053 Maitland Center Commons Blvd., Suite 200, Maitland, FL
32751 and The City of Sanford, a Florida Municipal Corporation, whose address is 300 North
Park Avenue, Sanford, FL 32771.
WITNESSETH:
WHEREAS, White Cedar Estates, LLC, a Florida Limited Liability Company, ("White
Cedar Estates"), is the owner of certain real property located in Seminole County, Florida, being
more particularly described in Rxhihit " A" attached hereto and incorporated herein by this reference
(the "Serviant Estate"); and
AND WHEREAS, The City of Sanford, a Florida Municipal Corporation (the "City") is the
Owner of that certain real property located in Seminole County, Florida, being more particularly
described on Rxhihit "R" attached hereto and incorporated herein by this reference (the "Dominant
Estate");
AND WHEREAS, the parties have agreed, one with the other, that a non-exclusive
easement be granted in, on, over, under, across and through the Serviant Estate for the purpose of
retention, detention, compensating storage, and storm water drainage;
NOW, THEREFORE, for and in consideration of the sum Ten and No/lOO Dollars
($10.00), and other good and valuable consideration, the receipt, adequacy and sufficiency of which
are hereby acknowledged, the parties hereby agree as follows:
1
1. Redtals. The foregoing recitals are true and correct and are incorporated herein by this
reference.
(;rant of Rasement. White Cedar Estates does hereby grant to City, its successors and assigns as
owner of the Dominant Estate, a perpetual, nonexclusive, easement in, on, over, under, across and
through the White Cedar Estates Property for the purposes of locating a pipe to carry storm-water
run-off from the Dominant Estate to a retention and detention pond to be located upon the Serviant
Estate. Provided, however, that White Cedar Estates shall have the absolute right, at its expense, to
locate and/or relocate any pipes located on the White Cedar Estates Property that are being used to
carry storm-water run-off to the Serviant Estate to facilitate construction of improvements upon the
White Cedar Estates Property. White Cedar Estates does further grant to City, its successors and
assigns as owner of the Dominant Estate, a perpetual, non-exclusive easement in, on, over, under
and across and through the Serviant Estate for the purpose of storm water drainage, retention and
detention in a pond or ponds to be located upon the Serviant Estate. Provided, however, that White
Cedar Estates shall have the absolute right, at its expense, to locate and/or relocate any
retention/detention ponds located on the White Cedar Estates Property that are being used to store
storm-water run-off upon the Serviant Estate to facilitate construction of improvements upon the
White Cedar Estates Property. (The aforesaid uses are herein described as the "Easement Uses").
Further, upon completion of the retention/detention pond and storm water conveyance system for
the use and benefit of the "City", should "White Cedar Estates" need to relocate the piping and/or
the retention/detention facility, then and in that event, an alternate means of storm water
conveyance and an alternate pond site shall be provided to "City" by "White Cedar Estates".
Should "White Cedar Estates" fail to provide the required alternate conveyance system and pond,
the "City" shall have the continuing right to discharge storm water on "White Cedar Estates'"
property at such location as "White Cedar Estates" shall designate to meet the discharge needs of
the City.
2. Ohlieations of the Parties. The parties acknowledge and agree that any rights granted
hereunder shall be exercised by the parties only in accordance and compliance with any and all
applicable laws, ordinances, rules, regulations, permits and approvals, and any future modifications
or amendments thereto, and all costs and expenses of such compliance shall be at the sole cost and
expense of White Cedar Estates. The parties further covenant and agree that no party shall
discharge within or upon the Serviant Estate, or from the Serviant Estate, or Dominant Estate, into
the Serviant Estate, any hazardous or toxic materials or substances, any pollutants, or any other
substances or materials prohibited or regulated under any federal, state or local law, ordinance, rule,
regulations or permit.
3. Use of Property. It is understood and agreed that nothing in this Easement shall be
construed to prevent White Cedar Estates, as owner of the Serviant Estate, or its heirs, successors in
interest or assigns, from the full use and enjoyment of the Serviant Estate for any purpose not in
contravention of any of the terms or conditions of this Easement or to prevent it from granting
easements to other parties in, on, over, under, through and across the Serviant Estate, provided
however, that White Cedar Estates shall not take any action with regard to the Serviant Estate that
2
., .
\ ; ,,'
will adversely impact the Dominant Estate, it being the intent of the parties that the Dominant
Estate, once developed, will obtain its retention, detention, compensating storage, mitigation and
storm water drainage through the Serviant Estate.
4. Maintenance of the Serviant Rdate. White Cedar Estates shall maintain the Serviant
Estate and the costs of such maintenance of the Serviant Estate shall be paid by White Cedar
Estates.
, '\ ~
j.)
~
5. Rinclin~ F,ffect. The easements, rights, privileges and obligations created by this Easement
shall run with the land and be binding upon and inure to the benefit of the parties, their respective
heirs, successors, successor-in-title, assigns, licensees, guests, invites, employees, agents,
consultants, contractors, subcontractors and representatives.
6. Rntire A~reement. This Easement constitutes the entire agreement and understanding
between the parties hereto relating to the subject matter hereof and may not be amended, waived, or
discharges, except by an instrument in writing executed by all parties hereto (or their respective
heirs, successors and/or assigns), which written document shall be recorded in the Public Records
of Seminole County, Florida.
7. Attorneys' Fees. In the event of any litigation pertaining to this Easement, the easements
granted hereby, the rights, duties, obligations or liabilities of the parties hereto, the enforcement of
any right hereunder or the interpretation of any provision hereof, the prevailing party in such
litigation shall be entitled to recover reasonable costs and attorney's fees incurred in such litigation
from the other party, whether incurred before, during or after trial, upon any appellate level, or in
any bankruptcy or insolvency proceeding, or in any arbitration or mediation proceeding.
8. (;overnin~ Law. This Easement shall be governed by and construed in accordance with
law of the State of Florida, with venue in Seminole County, Florida.
9. Connterpart Rxecntion. This Easement may be executed in any number of counterparts,
each of which shall constitute an original, but all taken together shall constitute an original, but all
taken together shall constitute one and the same Agreement.
3
IN WITNESS WHEREOF, White Cedar Estates Partners, Ltd. has caused these presents to
be signed and sealed in its name the day and year first above written.
White Cedar Estates, LLC, a Florida Limited Liability Company:
By:
Berry J. Walker, Jr., Manager
~ sealed and delivered in t
\. .~A-4 / J<J
tness Signature
~
Rebecca M. Woodward
Printed Name of Witness
ss Signature
Lorraine D. Wirson
Printed Name of Witness
STATE OF FLORIDA
COUNTY OF ORANGE
Before me, the undersigned notary public" the foregoing instrument was sworn to,
acknowledged and subscribed to before me this ~ day of ~ ,2008 by Berry J.
Walker, Jr. as Manager of White Cedar Estates Partners, Ltd., and ho dId take an oath.
Check One:
~ He/she/they is/are personally known to me; or
_ He/she/they has/have produced
{i as iden~
, J.-p (I"A. ./ m. oJ
.
N TARYPUBLIC
Rebecca M. Woodward
(typed-printed or stamped name of Notary)
My Commission Expires:
?J Rebecca M. Woodw8rd
'0.. . My CommisIiOn 00315400
\;01,.:1 Expires July 09,2006
4
IN WITNESS WHEREOF, the City of Sanford, a Florida Municipal Corporation has
caused these presents to be signed and sealed in his name the day and year first above written.
The City of Sanford, a Florida Municipal Corporation:
I
f .',.1
['"
~'/.I"'
IT Or2JJ~
J){li)/~Q~_ ~O 'Jer de
Witness Signature
'?1 ni r J )~ J.. n \/,0 ide
Printed Name of Witness
Signed, sealed and delivered in the presence ofthe following witnesses:
~\~~
Witness Sign --...
~~~ .~~f(2--
Printed N e of WItness
STATE OF FLORIDA
COUNTY OF ORANGE
Before me, the undersigned notary public, the foregoin
acknowledged and subscribed to before me this ~ day of
~_w. ~_...f,.h-J- as the e;;e,.,a~J
who did take an oath. ~
was sworn to,
, 2008 by
City of Sanford,
Check One:
M.e/she/they is/are personally known to me; or
_ He/she/they has/have produced
as identification.
~
(typed-printed or tm nam(ll<<~)
.. ~ .. "'~: MY COMMISSION j([fo' 479819
My CommIssIOn ~. fg EXPIRES: January 30,2010
V1..Fif.,~l(.i-' Bonded Thru NotalY Public Underwriters
5
RXHTRTT " A"
"The Serviant Rdate"
Lots L, 74, 75 and 80, ofW. Beardall's Map of St. Josephs, according to the plat thereof, as
recorded in Plat Book 1, Page(s) 114, of the Public Records of Seminole County, Florida.
,
il
rf'
I'
J
Less and except the following described real property, to wit:
A portion of Lot 80, St. Josephs Subdivision, according to the Plat thereof, as recorded in
Plat Book 1, Page 114, of the public records of Seminole County, Florida, being more
particularly described as follows:
Commence at the South East Corner of said Lot 80, St. Josephs Subdivision, according to
the Plat thereof, as recorded in Plat Book 1, Page 114, of the Public Records of Seminole
County, Florida, for a point of beginning; thence run West along the South Line of said Lot
80, a distance of 233 feet, thence run North a distance of 223 feet, thence run East a
distance of 233 feet, thence run South along the East line of said Lot 80 a distance of 223
feet to the point of beginning. (Less and except the South 15 feet of said Lot 80 for road
right of way for Narcissus Avenue, and less and except the East 25 feet of said Lot 80 for
road right of way for North White Cedar Road).
6
RXHTRTT "R"
"The Dominant Rdate"
A portion of Lot 80, St. Josephs Subdivision, according to the Plat thereof, as recorded in
Plat Book 1, Page 114, of the public records of Seminole County, Florida, being more
particularly described as follows:
Commence at the South East Corner of said Lot 80, St. Josephs Subdivision, according to
the Plat thereof, as recorded in Plat Book 1, Page 114, of the Public Records of Seminole
County, Florida, for a point of beginning; thence run West along the South Line of said Lot
80, a distance of 233 feet, thence run North a distance of 223 feet, thence run East a
distance of 233 feet, thence run South along the East line of said Lot 80 a distance of 223
feet to the point of beginning. (Less and except the South 15 feet of said Lot 80 for road
right of way for Narcissus Avenue, and less and except the East 25 feet of said Lot 80 for
road right of way for North White Cedar Road).
(Containing 0.99 +/- acres, more or less; or 43,264 square feet, more or less)
7