Loading...
HomeMy WebLinkAbout04-374 RESOLUTION NO. 04-374 A RESOLUTION ACCEPTING A DRAINAGE EASEMENT FROM RESERVE HOMES L TD. , L.P. ON BEHALF OF ST. LUCIE COUNTY, FLORIDA BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida, that: The foregoing DRAINAGE EASEMENT from Reserve Homes, LTD., L.P. is duly accepted on behalf of St. Lucie County this 14th day of December, 2004. ~, . '>- -;: . -, .... -,' -'~~-'. :,~;_:';;~~~:/;~:/ ATTEST: ~r---:"~""'''~ IJ· ,",' ;"''''> ~ (' ~ , ~ '>of"", . " ( . ">t . t ! c: o ..., U) ..., :> ..., o c: o ..., .¡.J ..., U) ..., & () .::r: >< .¡.J H ~ 8 P.. --- >< <1J ,C: H o .¡.J .¡.J ,::¡; >< .¡.J g u APPROVED AS TO LEGAL FORM AND ORRECTNESS: .. .8 c: ~ .¡.J <1J 0::; JOANNE HOLMAN, CLERK OF THE CIRCUIT COURT SAINT LUCIE COUNTY FILE # 2527531 12/29/2004 at 03:29 PM OR BOOK 2125 PAGE 1350 - 1359 Doc Type: RESO RECORDING $86.50 G:\A TTY\RESOL TN\2004\04-374.wpd PREPARED BY AND RETURN TO: Cynthia C. Spall, Esquire Gunser, Yoakley & Stewart, P.A. 777 South Flagler Drive Suite 500 East West Palm Beach, Florida 33401 DRAINAGE EASEMENT THIS DRAINAGE EASEMENT is made this ß day of Oi!.il~~, 2004 by RESERVE HOMES LTD., L.P., A DELAWARE LIMITED PARTNERSHIP, having an address at 1601 Forum Place, Suite 805, West Palm Beach, FL 33401, ("Grantor"), in favor of ST. LUCIE COUNTY, FLORIDA, a political subdivision of the State of Florida, whose address is 2300 Virginia Avenue, Ft. Pierce, Florida 34982 ("Grantee"). (Wherever used herein, the terms "Grantor" and "Grantee" shall include singular and plural, heirs, legal representatives, and assigns of individuals, and the successors and assigns of corporations, wherever the context so admits or requires), 1. Grant of Drainage Easement. That Grantor, for and in consideration of the sum of Ten Dollars ($10.00) and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, grants, bargains and sells unto Grantee, its successors and assigns forever, a nonexclusive easement (1) for stormwater drainage over, upon, under and through drainage facilities located on that certain real property located in St. Lucie County, Florida, legally described on Exhibit "A" attached hereto ("Easement Premises"), and (2) for the right, but not the obligation for access to the Easement Premises for the maintenance, repair and replacement of drainage facilities, subject however to certain terms and conditions set forth herein. 2. Purposes and Permitted Uses. The Drainage Easement hereby granted shall only be used for the purpose of drainage of stormwater run-off from the road adjacent to the Easement Premises known as Village Parkway (the "Property") in accordance with South Florida Water Management District Permit No. 56-00674-S. Grantee shall have the right to enter the Easement Premises to repair, maintain and replace any of the Drainage Facilities located on the Easement Premises necessary for the proper operation and functioning of the Drainage Easement. 3. Rights reserved to Grantor. Grantor hereby reserves the right to the full use and enjoyment of the Easement Premises to the extent the same does not materially interfere with Grantee's use of the Drainage Easement hereunder. Grantor further reserves the right, g: \atty\agreemnt\Reserve-Easement Page 1 of 9 t" from time to time, to relocate the Easement Premises, at Grantor's sole cost and expense, provided that the relocated Easement Premises shall provide for the drainage set forth above. Grantee, by acceptance hereof, agrees to execute any documents reasonably required by Grantor to reflect the relocation of the Easement Premises of record. 4. Compliance with Applicable Laws. Grantee shall employ reasonable means or methods in order that all water which is discharged by Grantee onto the Easement Premises contains no hazardous or toxic materials or substances and Grantee, to the extent allowed by law, holds harmless Grantor and PGA VILLAGE POA from and against all losses, costs, claims, demands, or expenses suffered by Grantor or PGA VILLAGE POA as a direct result of any discharge onto the Easement Premises which contains any hazardous or toxic materials or substances. 5. Warranty of Title. Grantor does fully warrant the title to the Easement Premises and will defend the same against the lawful claims of all persons claiming by, through or under Grantor. 6. Attorneys' Fees and Costs. Grantor and Grantee hereby agree that in the event a party hereto is required to bring an action to enforce a provision hereof in a court of competent jurisdiction, or employs an attorney to seek to enforce the provisions hereof, then the prevailing party shall be entitled to recover fees and costs, including attorneys' fees, whether those fees and costs are incurred before trial, at trial or upon any appellate levels. This section 5 will survive any termination of this Drainage Easement. 7. Jurisdiction and Venue. Each of the parties irrevocably and unconditionally (1) agrees that any suit, action or legal proceeding arising out of or relating to this Drainage Easement may be brought in the courts of record of the State of Florida in St. Lucie County or the court of the United States, southern District of Florida; (2) consents to the jurisdiction of each such court in any suit, action or proceeding; (3) waives any objection which it may have to the laying of venue of any such suit, action or proceeding in any of such courts; and (4) agrees that service of any court paper may be effected on such party by mail, to the addresses for Grantor and Grantee as provided in this Drainage Easement, or in such other manner as may be provided under applicable laws or court rules in said state. 8. Governing Law. This Drainage Easement and all transactions contemplated by this Easement shall be governed by, construed, and enforced in accordance with, the internal laws of the State of Florida without regard to principles of conflicts of laws. g: \atty\agreemnt\Reserve-Easement Page 2 of 9 t t 9. Counterparts. This Drainage Easement may be executed in one or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the sam"e instrument. 10. Binding Effect. The parties hereby acknowledge and agree that this Drainage Easement shall be appurtenant to, and for the benefit or, Grantee, shall run with the described herein Property, and shall be binding upon and insure to the benefit of the parties, and their respective successors and assigns. IN WITNESS WHEREOF, Grantor and Grantee have caused these presents to be executed on the day and year first above written. [Execution Pages Follow] g: \atty \agreemnt \ Reserve-Easement Page 3 of 9 GRANTOR: Signed, sealed and delivered in the presence of: 4ø.,l Print Name~~~ RESERVE HOMES LTD., L.P., a Delaware limited partnership pa::L7~£S::=O By: Kolter Property Development, LLC, a Delaware limited liabZli.,.t, y O. mpany, its gene.ral P ne~ "'/' ,/ ~: IA ~ Printe ame: .jot¡.A/ ~ Cf.fl'ð Title: Manager ST ATE OF FLORIDA ) ) SS. ) COUNTY OF cRùM 6ald\ The foregoing instrument was acknowledged before me this 21 day of ~ 2004, by~1\ C CStlR:> ,as a Manager of Kolter Property Development, L.L.C., a Delaware limited liability company, on behalf of said limited liability company in its capacity as the General Partner of Reserve Homes, Ltd., L.P., a Dela~~limited partnership, on behalf of said limited partnership. The above-named individuall"1 is personally known to me or [ ] produced the following as identification: ~~~ Print Nam: ) Þ- ~aJu3S Commission Number: Of) 507/ My commission expires: JJ2..J J01 . I (Notary Seal) ...........................I........~ : NICOlE E. ANGElAKOS ¡ Ë ~~h c:ømm. ÞOO29!O?1 ! : ~~":¡ &pires 3I2:wooe : : :¡~;.-~¿i Bonded thN (100)432-4254: : '''",Hf,~,\,.... Ftorida Notary Assn.. Inc : :L.. ... "' I.... ... I.............. I... I..... "' ..1 g: \atty\agreemnt\Reserve-Easement Page 4 of 9 Signed,sealedand delivered in the presence of: . ~h/Á-fih£- Printed Name:¿¿t'Æ-t" - '-é~I/CÆ¡J.~ Printed Name: ATTEST: CLERK OF THE CIRCUIT C ST. LUCIE COUNTY, FLO By: (SEAL) ufficiency Approved by the Boar COU~issioners, St. Lucie County, Florida, on' . J J. ,2004. By: g: \atty \agreemnt \ Reserve-Easement Page 5 of 9 , ' GRANTEE: ". .-~ ST. LUCIE COUNTY, a political subdi-.:isiori' '. of the State of Florida By: Name: Title: . ~" ; :,~t}~'Þ::'~. >- JOINDER OF MASTER ASSOCIATION PGA VILLAGE PROPERTY OWNERS' ASSOCIATION, a Florida not-for-profit corporation, hereby joins in this Drainage Easement for the purpose of agreeing to the terms as contained herein. Signed, sealed and delivered in the presence of: PGA VILLAGE PROPERTY OWNERS' ASSOCIATION, INC., a Florida not-for- :~Ofit cwú Name: 'J ol/N t ~ {, f.l/ /D Title: ff !Lcs f Pt .v Î Printed Name: A~(~ P{¡nt Name:...Jü£)lí# !;;c..ðR.D/ÑO (CORPORATE SEAL) ST ATE OF FLORIDA COUNTY OF?aln1 ~CV\ ) ) SS. ) The foregoing instrument was acknowledged before me this2.~ day of ~ 2004, by~{\ C CfJMO ,the f(~5Id€J1t of PGA VILLAGE PROPERTY OWNERS ASSOCIA TION, INC., a Florida not-for-profit corporation, on behalf of the corporation. The above-named individual [\;('is personally known to me or [ ] produced the following as identification: Ai; Print Name: Commission Number: My commission expires: (Notary Seal) g: \atty \agreemnt \Reserve-Easement Page 6 of 9 MORTGAGEE JOINDER SUNTRUST BANK ("Mortgagee"), as holder of that certain Consolidated, Amended and Restated Mortgage and Security Agreement and Assignment of Rents and Leases dated October 17, 2003, recorded October 24, 2003 in Official Records Book 1828, Page 2424, of the Public Records of St. Lucie County, Florida (the "Mortgage"), consolidating, amending and restating the following described instruments: a. That certain Mortgage and Security Agreement recorded July 15, 1999, in Official Records Book 1236, page 1740, of the Public Records of St. Lucie County, Florida, from RESERVE HOMES, LTD., L.P., a Delaware limited partnership authorized to do business in the State of Florida, KOLTER SIGNATURE HOMES, INC., a De/aware corporation authorized to do business in the State of Florida, and POD 31 HOMES, INC., a Delaware corporation authorized to do business in the State of Florida, in favor of HARBOR FEDERAL SAVINGS BANK, as modified by that certain Agreement for Future Advances and for modification and Spread of Security Instruments recorded in Official Records Book 1315, at Page 1226, of the Public Records of St. Lucie County, Florida, as assigned to Mortgagee by Assignment of Promissory Note and Mortgage recorded in Official Records Book 1828, Page 2366, of said Public Records, as further modified by First Receipt of Future Advance and Mortgage Spreader Agreement recorded in Official Records Book 1828, at Page 2368, of said Public Records; and, b. That certain Mortgage executed by RESERVE HOMES, LTD., L.P., a Delaware limited partnership in favor of Mortgagee, as recorded in Official Records Book 1745, at Page 2098, of the Public Records of St. Lucie County, Florida, as modified by First Receipt of Future Advance and Mortgage Spreader Agreement recorded in Official Records Book 1828, at Page 2368, of said Public Records, hereby joins in this Drainage Easement for the purpose of consenting to the terms hereof and for the purpose of subordinating the Mortgage to the terms of the Drainage Easement. Signed, sealed and delivered in the presence of: (CORPORA TE SEAL) g: \atty\agreemnt\Reserve-Easement Page 7 of 9 ST ATE OF FLORIDA ) Î,\A , í j If ) SS. COUNTY OF l/ffUr ßÐtC ) The foregoing instrument was acknowledged before me this LO:c day of ~iy. 2004, by rILP-:i> R-oXlr5, as /srV:1t£/)£;ESI/JlJJT of SUNTRUST BANK, a state bank .. organized under the laws of Georgia, on behalf of said ba k. The above-named individual [~ is personally known to me or [ ] produced e following as identification: Prmt Name Commission Number: Commission Expires: (NOTARIAL SEAL) §~f~&'~~:¡:~f~,= ~:.. ..~ß "~.c-"....."¿t,~.." '·'19f.tf~\'·' CARMEN RUDD MY COMMISSION # DD 037830 EXPIRES: June 28. 2005 Bonded Thru Notary Public Underwriters g: \atty \agreemnt \ Reserve-Easement Page 8 of 9 f .~ Exhibit "A" Legal Description of the Easement Premises All of Water Management Tracts A, Band C as shown on the plat of The Lakes At PGA Village, as recorded in Plat Book 43, Page 32 of the Public Records of St. Lucie County, Florida. TOGETHER WITH; All of Water Management Tracts 1 and 2 as shown on the plat of PGA Commerce Center At The Reserve as recorded in Plat Book 37, Page 6 of the Public Records of St. Lucie County, Florida. TOGETHER WITH; The non-exclusive right of drainage through any pipes, culverts, ditches, lakes, swales or other drainage structures, which Grantor and/or Joinder have an interest as permitted by South Florida Water Management District Permit No. 56-00674-S " :i, g: \atty \agreemnt \Reserve-Easement Page 9 of 9 r .