SELVA PRESERVE Grant of Drainage Easement 06.18.2015 B r Doo#2016053355.OR BK 17486 Page 846,
Number Pages:9
Recorded 03/09/2016 at 10:18 AM
Prepared By and Return To: COUNTY sseN CLERK CIRCUIT COURT,
Di
Hathaway&Reynolds,P.A. RECORDING$78 CO
101 AlA North,Ste#108 DEED DOC ST $0 70
Ponte Vedra Beach.Fl 32082
GRANT OF DRAINAGE EASEMENT
(from SP Property into Driving Range Pond)
THIS GRANT OF DRAINAGE EASEMENT, executed and given effective
, 2015, is by and between Atlantic Beach Country Club, Inc., a
Florida corporation ("Club"), whose address is 1600 Selva Marina Drive, Atlantic Beach,
FL 32233 and Selva Preserve, LLC, a Florida limited liability company ("SP"),
whose address is 248 Levy Road,Atlantic Beach, Florida 32233.
WITNESSETH:
That 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,
Club and SP do hereby agree as follows:
1. Easement Grant by Club to SP. Club does hereby grant, bargain, sell, alien,
remise, release, convey and confirm unto SP a non-exclusive, permanent drainage
easement to channel and flow storm drainage from the SP Property into the Easement
Area, as it presently exists or is hereafter expanded, decreased, modified or otherwise
altered or changed; together with rights of ingress and egress on and over the Easement
Area as necessary for the use and enjoyment of the drainage easement herein granted.
This easement is for drainage only and does not convey any right to install water, sewer,
telephone, telecommunication or other utilities lines or structures.
The "Club Property" is described in Exhibit 1 attached hereto; the "SP Property" is
described on Exhibit 2 attached hereto; and the `Basement Area" means the Driving
Range Pond located on the Club Property which is denoted as "Linkside SWMS-1" in
WMD Permit# 1ND-031-38437-6 (the "Club Drainage Permit").
2. Easement Conditions, Etc. The easement herein granted is subject to covenants,
restrictions, easements, liens, encumbrances of record and the following:
a) Club reserves the right and privilege to use and occupy and to grant to others the
right to use and occupy the Easement Area for any purpose which is not inconsistent with
the rights herein granted to SP.
b) SP shall exercise the easement rights conveyed herein in a manner which will not
unreasonably interfere with Club's use and occupancy the Club Property.
Page 1 of 5
c) SP may not encumber any portion of Club's Property (including, without
limitation the "Easement Area") with any liens arising from SP's construction,
maintenance, repair or replacement, and if any such lien arises as the result thereof, then
SP, at its sole cost, shall promptly pay or remove the lien.
d) The storm water drainage from the SP Property into the Easement Area as
allowed hereunder shall mean only such storm water drainage as is allowed under both 1)
St. Johns River Water Management District Permit regarding the development of the SP
Property and having WMD Permit # I a-0 -I a a, (the "SP Drainage
Permit")and 2)the Club Drainage Permit.
3. Installation, Maintenance,Etc.
a) By SP. SP, at its cost, will construct, install, repair, maintain, repair and replace
all drainage lines, facilities and structures to channel and/or transmit its storm water
drainage from the SP Property into the Easement Area. After initial installation and
construction, SP will repair, maintain, restore and/or replace its drainage lines, facilities
and structures in good and serviceable condition, reasonable wear and tear excepted. All
of such construction, installation, repair, maintenance, replacement, restoration and
replacement shall only be in accordance with both the Club Drainage Permit and the SP
Drainage Permit.
b) By Club. Club, at its cost, will construct, install, repair, maintain, repair and
replace all its drainage lines, facilities and structures relating to the Easement Area in
good and serviceable condition, reasonable wear and tear excepted, and always in
accordance with the terms and conditions of the Club Drainage Permit.
c) Underground Structures. After any underground installation, construction,
repair, replacement or removal, the party responsible performing such work shall refill
any holes or trenches in a proper and workmanlike manner to the condition existing prior
to such installation, construction, repair, replacement or removal.
4. Miscellaneous. This Grant of Easement shall inure to the benefit of and be
binding upon both Club and SP, and their respective successors and assigns. The
easement created hereby run with and burden title to the Club Property and run with and
benefit title to SP Property. The easement created hereby is perpetual and non-exclusive.
In connection with any litigation arising hereunder, the prevailing party shall be entitled
to recover from the non-prevailing party all costs incurred in connection therewith
including, without limitation, all attorneys' fees, paralegal fees and court costs reasonably
incurred, whether at bankruptcy, administrative, trial and\or appellate levels or
proceedings. This Grant shall be construed under the laws of the State of Florida. Venue
for any action for the interpretation or enforcement of this Grant shall lie in the county
where Club's Property is located. This Grant may be modified or supplemented only in
writing signed by both parties. The headings and captions used in this Grant are for
convenience only and shall not be deemed to limit, amplify or modify the terms hereof.
No inference in favor of, or against, any party shall be drawn from the fact that any party,
Page 2 of 5
or its counsel, has drafted any portion of this Grant. At any time reasonably requested,
each party shall execute, deliver and acknowledge or, cause to be executed, delivered and
acknowledged, such further documents or do such other acts and things as may be
reasonably requested in order to fully implement the purposes of this Grant. Nothing
herein shall create any rights in the general public.
Exhibit 1- Club Property
Exhibit 2- SP Property
The remainder of this page is left intentionally blank.
Page 3 of 5
IN WITNESS WHEREOF, CLUB has caused this instrument to be executed by its duly
authorized officer and its corporate seal to be hereunto affixed as of the day and year first
above written.
WITNESSES: AT , i - COU/ 'Y
CLV. /7
By: / i/P
Print:M yr-4_ IDA.n ez Its: 7% re
Print: .�
e rn lti s k'4AAra..S lc.
STATE OF FLORIDA
COUNTY OF 'DuVA�
The foregoing instrument was acknowledged before me J un,>c. g , 2015, by
C'Rl chI ie% G A a%.% , the 1P+E tos utatEe.. of Atlantic Beach
Country Club, on behalf of such corporation. He/She is personally known to me or
® has produced a Florida Driver's License c44.5. a S Q as identification
and did take an oath. 4• �
Public State of Floridalorloris Krieger
‘tiMy Commission FF 217999
Expires 04/07/2019
Notary 'u s lc, tate o oria at arge
Serial Number:
Page 4 of 5
WITNESSES: SELVA PRESERVE,LLC
By: Florida 'ioneers,
In' s Managin ember
ALl 1
(print name) OWES./ a. 1 i ame: ,.a-u,k o. .lite
Title: friar/1W,
`fin
(print name) �tSo SKS s
STATE OF FLORIDA
COUNTY OF 'DUYAL..
The foregoininstrument was acknowledged before me 3u.13 E. 18 , 20 t5,by
t-n►L,aA E r r r r . ,the TPte 5t kr n,-r of North Florida
Pioneers, Inc., the managing member of Selva Preserve, LLC, on behalf of such Limited
Liability Company. He/She is%/personally known to me or has produced a Florida
Driver's License as identification and did take an oath.
Notary Public, State of Florida at Large
Serial Number:
gFlo
Notary Public State of Raids
Lone Krieger
yg My Commission FF 217999
"•p,i Expires 04/07/2019
Page 5 of 5
EXHIBIT"�"
THAT CERTAIN TRACT OR PARCEL OF LAND BEING A PORTION OF GOVERNMENT LOTS 7,8,9, 10,
15 AND 16, OF SECTION 8, A PORTION OF GOVERNMENT LOT 6 OF SECTION 9, A PORTION OF
GOVERNMENT LOT 2 OF SECTION 16, AND A PORTION OF GOVERNMENT LOTS 1 AND 2 OF
SECTION 17, ALL IN TOWNSHIP 2 SOUTH, RANGE 29 EAST, TOGETHER WITH LOT 5, BLOCK 1,
DONNER'S REPLAT AS RECORDED IN PLAT BOOK 19, PAGES 16 AND 16A OF THE CURRENT PUBLIC
RECORDS OF DUVAL COUNTY, FLORIDA,TOGETHER WITH LOT 1,BLOCK 9,SELVA MARINA UNIT NO.
5, AS RECORDED IN PLAT BOOK 30, PAGES 29 AND 29A OF SAID CURRENT PUBLIC RECORDS AND
BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF
SAID LOT 1, BLOCK 9, SELVA MARINA UNIT NO. 5; THENCE SOUTH 12°16'40" EAST ALONG THE
WESTERLY RIGHT OF WAY LINE OF SELVA MARINA DRIVE(A 100 FOOT RIGHT OF WAY), 174.55 FEET
TO THE SOUTHEAST CORNER OF SAID LOT 1, AND A POINT HEREIN AFTER REFERRED TO AS
REFERENCE POINT"A";THENCE CONTINUE SOUTH 12°16'40" EAST ALONG SAID WESTERLY RIGHT
OF WAY LINE,750.02 FEET TO THE NORTHEAST CORNER OF LOT 12,BLOCK 8,SELVA MARINA UNIT
NO. 4, AS RECORDED IN PLAT BOOK 30, PAGE 28 OF SAID CURRENT PUBLIC RECORDS; THENCE
SOUTH 77°43'20"WEST ALONG THE NORTH LINE OF SAID LOT 12,A DISTANCE OF 335.00 FEET TO
THE NORTHWEST CORNER THEREOF;THENCE SOUTH 12°16140" EAST ALONG THE WEST LINE OF
SAID LOT 12 AND ALONG THE WEST LINE OF LOT 11, SAID BLOCK 8,A DISTANCE OF 352.58 FEET,
TO THE SOUTHWEST CORNER THEREOF;THENCE SOUTH 16°36'58"EAST ALONG THE WEST LINE OF
LOTS 10 AND 9,SAID BLOCK 8,A DISTANCE OF 283.43 FEET TO THE NORTHEAST CORNER OF THOSE
CERTAIN LANDS RECORDED IN OFFICIAL RECORDS BOOK 13654, PAGE 260 OF SAID CURRENT
PUBLIC RECORDS; THENCE SOUTH 77°45'45" WEST ALONG THE NORTH LINE OF SAID LAST
MENTIONED LANDS,THE SAME BEING THE SOUTH LINE OF THOSE CERTAIN LANDS RECORDED IN
OFFICIAL RECORDS BOOK 7910, PAGE 958 OF SAID CURRENT PUBLIC RECORDS, A DISTANCE OF
387.06 FEET TO THE SOUTHWEST CORNER THEREOF AND THE NORTHWEST CORNER OF SAID
LANDS IN OFFICIAL RECORDS BOOK 13654, PAGE 260;THENCE SOUTH 12°14'15"EAST ALONG THE
WEST LINE OF SAID LANDS IN OFFICIAL RECORDS BOOK 13654, PAGE 260,A DISTANCE OF 319,58
FEET TO THE NORTHEAST CORNER OF LOT 80,SELVA LINKSIDE UNIT 1,AS RECORDED IN PLAT BOOK
44, PAGES 23 AND 23A OF SAID CURRENT PUBLIC RECORDS; THENCE SOUTH 83°23'56" WEST
ALONG THE NORTH LINE OF SAID PLAT OF SELVA LINKSIDE UNIT 1,A DISTANCE OF 669.23 FEET;
THENCE NORTH 07°03'03"WEST,ALONG AN EASTERLY LINE OF SAID PLAT OF SELVA LINKSIDE UNIT
1 AND ALONG THE EASTERLY LINE OF SELVA LINKSIDE UNIT 2, AS RECORDED IN PLAT BOOK 47,
PAGES 85,85A AND 85B OF SAID CURRENT PUBLIC RECORDS,A DISTANCE OF 1321.55 FEET TO THE
NORTHEAST CORNER THEREOF;THENCE THE FOLLOWING THREE(3)COURSES ALONG THE NORTH
LINE OF SAID PLAT OF SELVA LINKSIDE UNIT 2; COURSE NO. 1: SOUTH 89°07'57" WEST, 407.71
FEET;COURSE NO. 2:SOUTH 00°08'56" EAST,75.41 FEET;COURSE NO.3:SOUTH 89°11'29"WEST,
469.26 FEET TO THE NORTHWEST CORNER OF SAID PLAT OF SELVA LINKSIDE UNIT 2 AND A POINT
SITUATE ON THE EAST LINE OF LOT 4 SAID BLOCK 1, DONNER'S REPLAT, AFOREMENTIONED;
THENCE NORTH 00°19'04"WEST,ALONG SAID EAST LINE OF LOT 4,A DISTANCE OF 4.00 FEET TO
THE SOUTHEAST CORNER OF SAID LOT 5, BLOCK 1;THENCE SOUTH 89°09'16"WEST,ALONG THE
SOUTH LINE OF SAID LOT 5,A DISTANCE OF 175.81 FEET TO THE SOUTHWEST CORNER THEREOF
AND A POINT SITUATE ON THE EAST RIGHT OF WAY LINE OF FRANCIS AVENUE(A 30 FOOT RIGHT
1AX ACTIVE 3501323.1
Page 1 of 3 of Exhibit "1"
OF WAY);THENCE NORTH 00°09'03"WEST ALONG SAID EAST RIGHT OF WAY LINE,70.81 FEET TO
THE NORTH LINE OF SAID GOVERNMENT LOT 2,SECTION 17,AND THE NORTH RIGHT OF WAY LINE
OF DUTTON ISLAND ROAD EAST, FORMERLY CHURCH ROAD (A 50 FOOT RIGHT OF WAY);THENCE
SOUTH 89007'49"WEST,ALONG SAID NORTH RIGHT OF WAY LINE,AND ALONG SAID NORTH LINE
OF GOVERNMENT LOT 2,A DISTANCE OF 15.00 FEET TO THE SOUTHWEST CORNER OF THE EAST
1/2 OF GOVERNMENT LOT 15 OF SAID SECTION 8; THENCE NORTH 00°43'57" WEST ALONG THE
WESTERLY BOUNDARY LINE OF SAID EAST 1/2 OF GOVERNMENT LOT 15,A DISTANCE OF 1325.08
FEET TO THE SOUTHERLY BOUNDARY OF GOVERNMENT LOT 10 OF SAID SECTION 8; THENCE
ALONG THE SOUTHERLY BOUNDARY OF SAID LOT 10,SOUTH 88°42'28"WEST,355.34 FEET TO THE
SOUTHEAST CORNER OF FAIRWAY VILLAS AS RECORDED IN PLAT BOOK 39, PAGES 22 AND 22A OF
SAID CURRENT PUBLIC RECORDS;THENCE NORTH 01°42'35" WEST,ALONG THE EASTERLY LINE OF
SAID FAIRWAY VILLAS, 1875.09 FEET TO THE NORTHEAST CORNER THEREOF AND TO A POINT IN
THE SOUTH LINE OF LANDS RECORDED IN OFFICIAL RECORDS VOLUME 4163, PAGE 1108 OF SAID
CURRENT PUBLIC RECORDS; THENCE NORTH 88°15'56" EAST, ALONG SAID SOUTH LINE, 470.00
FEET; THENCE NORTH 51°25'05" EAST CONTINUING ALONG THE SOUTHEASTERLY LINE OF SAID
LAST MENTIONED LANDS AND ALONG THE SOUTHEASTERLY LINE OF LANDS RECORDED IN OFFICIAL
RECORDS BOOK 7811, PAGE 1979 OF SAID CURRENT PUBLIC RECORDS,403.91 FEET TO THE MOST
WESTERLY CORNER OF SEVILLA GARDENS UNIT 2,AS RECORDED IN PLAT BOOK 45,PAGES 7 AND
7A OF SAID CURRENT PUBLIC RECORDS;THENCE SOUTHEASTERLY ALONG THE SOUTHWESTERLY
LINE OF SAID PLAT, AND ALONG THE SOUTHWESTERLY LINE OF LANDS RECORDED IN OFFICIAL
RECORDS BOOK 8359, PAGE 2009 AND IN OFFICIAL RECORDS VOLUME 5320, PAGE 420, BOTH OF
SAID CURRENT PUBLIC RECORDS, SAID LINE BEING A CURVE CONCAVE NORTHEASTERLY AND
HAVING A RADIUS OF 4069.72 FEET, AN ARC DISTANCE OF 1091.42 FEET, SAID ARC BEING
SUBTENDED BY A CHORD BEARING AND DISTANCE OF SOUTH 47°27'41" EAST, 1088.15 FEET TO AN
ANGLE POINT ON THE BOUNDARY LINE OF SAID LAST MENTIONED LANDS; THENCE NORTH
59°31'54" EAST ALONG THE SOUTHERLY LINE OF LAST MENTIONED LANDS, 90.47 FEET; THENCE
SOUTH 30°53'53" EAST ALONG THE SOUTHWESTERLY LINE OF LAST MENTIONED LANDS AND
ALONG THE SOUTHWESTERLY LINE OF LANDS RECORDED IN OFFICIAL RECORDS VOLUME 4170,
PAGE 823 OF SAID CURRENT PUBLIC RECORDS, 187.40 FEET; THENCE SOUTH 58°45'33" EAST,
CONTINUING ALONG THE SOUTHWESTERLY LINE OF SAID LAST MENTIONED LANDS, 117.92 FEET
TO AN ANGLE POINT IN SAID BOUNDARY LINE,WHICH LIES NORTH 22°45'18 WEST, 1928.97 FEET
FROM THE POINT OF BEGINNING;THENCE SOUTH 12°43'00" EAST ALONG THE WESTERLY LINE OF
LAST MENTIONED LANDS, 46 FEET, MORE OR LESS, TO THE SOUTHWEST CORNER THEREOF AND
THE INTERSECTION WITH THE WESTERLY SHORELINE OF A DRAINAGE DITCH AND/OR CANAL;
THENCE SOUTHERLY ALONG THE WESTERLYSHORELINE OF SAID DRAINAGE DITCH AND/OR CANAL,
2026.00 FEET, MORE OR LESS, TO A POINT WHICH LIES SOUTH 77°43'20" WEST, 332 FEET, MORE
OR LESS, FROM SAID REFERENCE POINT "A"; THENCE NORTH 77°43'20" EAST, ALONG THE
WESTERLY PROLONGATION OF THE SOUTHERLY LINE OF SAID LOT 1, A DISTANCE OF 32 FEET,
MORE OR LESS,TO THE SOUTHWEST CORNER OF SAID LOT 1,WHICH LIES SOUTH 77043'20"WEST,
300.00 FEET FROM SAID REFERENCE POINT "A"; THENCE NORTH 12°16'40" WEST ALONG THE
WESTERLY LINE OF SAID LOT 1, A DISTANCE OF 174.55 FEET TO THE NORTHWEST CORNER
THEREOF; THENCE NORTH 77043'20" EAST, ALONG THE NORTHERLY LINE OF SAID LOT 1, A
DISTANCE OF 300.00 FEET TO THE POINT OF BEGINNING.
JAX_ACTIVE 3501323.1
Page 2 of 3 of Exhibit"j."
LESS AND EXCEPT:
ALL OF ATLANTIC BEACH COUNTRY CLUB UNIT 1,ACCORDING TO THE PLAT THEREOF AS RECORDED
IN PLAT BOOK 67, PAGES 52, 53 AND 54 OF THE CURRENT PUBLIC RECORDS OF DUVAL COUNTY,
FLORIDA AND ALL OF ATLANTIC BEACH COUNTRY CLUB UNIT 2,ACCORDING TO THE PLAT THEREOF
AS RECORDED IN PLAT BOOK 67,PAGES 132 THROUGH 137, OF THE CURRENT PUBLIC RECORDS OF
DUVAL COUNTY, FLORIDA.
JAX_ACTIVE 3501323.1
Page 3 of 3 of Exhibit"2"
•
"'1 " MAP SHOWING SKETCH AND LEGAL DESCRIPTION
SE LyAB 4 �0 IPAGE 28
• 56'50"E A PORTION OF SECTION 17, TOWNSHIP 2 SOUTH, RANGE 29 EAST DUVAL
S11' - COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
20.00 --
COMMENCING AT THE NORTHEAST CORNER OF LOT 80, SEL VA LINKSIDE UNIT 1,
- ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 44, PAGES
23 AND 23A OF THE CURRENT PUBLIC RECORDS OF DUVAL COUNTY, FLORIDA;
THENCE NORTH 11'56'01" WEST ALONG THE WESTERLY LINE OF LANDS
DESCRIBED IN OFFICIAL RECORDS BOOK 13654, PAGE 260 OF SAID PUBLIC
RECORDS, 68.44 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE NORTH
1156'01" WEST, 20.00 FEET; THENCE NORTH 7803'10" EAST, 399.99 FEET TO
A POINT ON THE EASTERLY LINE OF AFOREMENTIONED LANDS DESCRIBED IN
OFFICIAL RECORDS BOOK 13654, PAGE 260 AND THE WESTERLY LINE OF
SEL VA MARINA UNIT 4 ACCORDING TO THE PLAT THEREOF AS RECORDED IN
PLAT BOOK 30, PAGE 28 OF SAID CURRENT PUBLIC RECORDS; THENCE SOUTH
11'56'50"EAST ALONG SAID WESTERLY LINE, 20.00 FEET; THENCE SOUTH
7803'10" WEST, 400.00 FEET TO THE POINT OF BEGINNING.
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UNLESS IT BEARS THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SUR N=YOR AND MAPPER, THIS ORA ma SKETCH,
PLAT OR MAP IS FOR INFORMATIONAL PURPOSES ON/T,AND IS NOT VALID. 5.
NOTES LEGEND DATE 6-16-15
1.Bearings ore based on the RECORD PLAT SCALE l'=.30'
2. Ms is a SKETCH AND LEGAL DESCRIPTION(NOT A SURILY). Qi DENOIES CONCRETE I aVUM NT ../OB No. -
3.Unless otherwise noted, any pa-lion of the parcel that may be deemed as WetlandsX DENOTES PENCE
by Stole or Governmental Agencies,has not been determined and any llab!lty resulting 00000trs 1/2'Now PPE SET F.B. _
therefrom is not the responsibility of the undersigned. NTN CAP,R.MOVER&ASSOC page -
4. There may be Restrictions or Easements of Record evidenced by title examination that a DENOTES
RD NON PPE MAD Comp. File SELVA PR£S IVE ram
hoe not been shamhereon.
Drown by WJM
RICHARD A. MILLER & ASSOCIATES, INC.
PROFESSIONAL LAND SURVEYORS
6701 BEACH BOULEVARD,SUITE 200 Fax(904)721-5758
ABBREVIATIONS THAT MAY BE USED IN THIS SURVEY JACKSONVILLE,FLORIDA 32216 Tele. (904)721-1226
ABBREVIATION DEANITIOd ABBRENA TION DEFINITION
PCP. Permanent Control Point L.B. Licensed Business DSS IS 10 axon.THAT THS falai AND LEGAL ccsowpttav WAS MADE in ER
P.R.M. Permanent Reference Monument R.L.S Registered Land Sur.etor or SlPLR05105 AND N ACCORDANCE Wm DK KINAIM IEaeea&STANDARDS
P.0.8. Point of Beginning ,E.A. Jacksonville Electric Authority AS DU1IINEO AND SET FINN BY DIE fDXDA BOARD OF PRa'ES9LNAL UAa
P.C. Point of Curvature EQUIP Equipment S.00atvRs Aro MANlxS el'"'"9.1',.V.
ll"IER 5trf /ITwn.y a(APDR 010(0-A),
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P.R.C. Point of Reverse Curvature C.A.TV. Cable Television sTAD11E1
P.I. Pant of Intersection OHL Overhead Lines
R/W Ripht of Noy F.M.) Field Measured
OR,y. Offc"/Records Volume Radius equals
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Py. page pr.- Chord Beorin�&Distance equals BY'
B,R,L, Budding Restriction Line I- Delta or Central Angle equas WILLIAM J. MELROSE; STATE OF FLORIDA, REGISTERED
£sant Easement LP. Iron Pipe LAND SURVEYOR, CERTIFICATE No. 5843
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