Contract analysis

1. Background and Property Description The Fairwater Property consists of an approximately 42.7-acre parcel of real property improved with the Fairwater Sanford Logistics Center, a 614,000-square-foot Class-A cross-dock distribution facility situated in Seminole County, Florida. The facility is located within the Commerce Park Boulevard industrial corridor, an area that has undergone significant development and repla

2. The Cross-Parcel Easement and Its History Your demand letter references a 60-foot-wide non-exclusive ingress/egress and utility easement purportedly created by an express grant contained in a Special Warranty Deed recorded on June 22, 1998, in Official Records Book 4517, Page 1283, of the Public Records of Seminole County, Florida (the "1998 Deed"). According to your letter, the easement was described in the 1998

3. Extinguishment by the 2014 Replat On September 15, 2014, Seminole County recorded the "Commerce Park Boulevard Phase II Replat" (the "2014 Replat") in Plat Book 78, Pages 44–46, of the Public Records of Seminole County, Florida. The 2014 Replat was duly approved by the Board of County Commissioners of Seminole County and was executed, acknowledged, and recorded in accordance with the requirements of Chapter 177 of

4. Additional Grounds Supporting Extinguishment In addition to extinguishment by the 2014 Replat, the Cross-Parcel Easement was independently extinguished on at least two additional grounds, either of which would be sufficient standing alone to defeat Ridgemark's claim. (a) Merger of Dominant and Servient Estates Calderwood & Harkness's review of the chain of title to both the northern parcel (the servient estate) an

5. Ridgemark's Deed Recital Does Not Revive an Extinguished Easement Fairwater is aware that the special warranty deed by which Ridgemark acquired the southern parcel on March 8, 2019 from the Estate of Roland P. Thurmond (the "2019 Deed") contains a recital purporting to convey the southern parcel "together with" the Cross-Parcel Easement as an appurtenant right. This recital appears to be the primary basis upon whi

6. Fairwater's Position on Ridgemark's Demand Based on the foregoing analysis, Fairwater categorically denies that the Cross-Parcel Easement remains in effect or that Ridgemark holds any easement rights—whether express, implied, prescriptive, or by necessity—over the Fairwater Property. The Cross-Parcel Easement was extinguished by the 2014 Replat, independently extinguished by merger during the period of common Thur

7. Impact on Fairwater's Operations and Tenant Without waiving any of the foregoing rights or defenses, and without conceding the existence of any easement rights in favor of Ridgemark, Fairwater notes that any purported easement use across the eastern boundary of the Fairwater Property would be operationally incompatible with the existing use of the Fairwater Property and would cause material harm to Fairwater and i

8. Reservation of Rights Fairwater expressly reserves all rights, claims, remedies, and defenses available to it at law or in equity, whether arising under the recorded instruments referenced herein, the laws of the State of Florida (including without limitation Chapter 177 of the Florida Statutes and the Florida recording statutes), the common law of the State of Florida, the terms of Fairwater's Title Policy, or ot

9. Request for Preservation of Evidence and No Further Action To the extent Ridgemark intends to pursue litigation or any other legal proceeding regarding this matter, Fairwater hereby requests that Ridgemark and its counsel immediately implement a litigation hold and preserve all documents, communications, records, and electronically stored information relating to or concerning: (a) the Cross-Parcel Easement, includ