HomeMy WebLinkAboutVistawilla ALF, LCC - Termination of Identified Portion of 10' Utility Easement 2016 12 05Prepared by and return to:
Jennifer B. Nix, Assistant City Attorney
Garganese, Weiss & D'Agresta, P.A.
111 N. Orange Avenue, Suite 2000
Orlando, Florida 32802
(407) 425 -9566
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TERMINATION OF IDENTIFIED PORTION OF TEN FOOT UTILITY EASEMENT
THIS TERMINATION OF A PORTION OF THE CITY'S TEN FOOT UTILITY
EASEMENT ( "Termination Agreement ") is made and entered into this r'�*) day of
1iyy�n 2016, by and between Vistawilla ALF, LLC ( "Owner "), a Florida
limited liability company, whose address is 154 N. Ryan Street, Florida, 32459 ( "Association "),
and THE CITY OF WINTER SPRINGS, FLORIDA, a Florida municipal corporation, whose
address is 1126 East State Road 434, Winter Springs, FL 32708 ( "City ").
WITNESSETH:
Whereas, the City was granted a Utility Easement which is recorded in Seminole County
Official Record Book 04437, Page 0356 (the "Easement "); and
Whereas, the Owner submitted an application to the City requesting that the City vacate
a portion of the City's ten foot utility easement; and
Whereas, the parties have determined that a portion of the ten foot utility easement, as
further described herein, is no longer needed or necessary, given that both a Cross Access
Easement and a Public Underground Utilities Easement were each granted by Owner to the City,
which are recorded in Seminole County Official Record Book 8719, Page 1474, and Seminole
County Official Record Book 8719, Page 1460, respectively, which collectively grant to the City
the desired access to and from a different portion of the subject property, and, rights as granted in
the public underground utility easement, such that a portion of the original Utility Easement may
be vacated as requested by the Owner, and, therefore, the parties now desire to terminate a
portion of the ten foot utility easement as provided for herein.
NOW, THEREFORE, for good, valuable and sufficient consideration, receipt of which
is acknowledged by the parties hereto, including but not limited to the covenants herein
contained, it is agreed to as follows:
1. Recitals. The aforementioned recitals are true and correct and are hereby fully
incorporated herein by this reference and are a material part of this Termination Agreement.
2. Termination of a Portion of Ten Foot Easement. The Utility Easement recorded in
Seminole County Official Record Book 04437, Page 0356, attached hereto and fully
incorporated herein as Exhibit "A ", is hereby deemed terminated and no longer in full force and
effect only as to the vacated portion as described in the legal description and sketch of
description attached hereto and fully incorporated herein as Exhibit `B." The Owner shall have
Termination of a Portion of City's Ten Foot Utility Easement
City of Winter SpringsNistawilla ALF, LLC
Page 1 of 2
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continued obligations and responsibilities under the Utility Easement recorded in Seminole
County Official Record Book 04437, Page 0356, which remains in full force and effect as to all
areas identified by Exhibit "A" which are not identified by Exhibit "B."
3. Recordation. The City shall record this Termination Agreement in the Official Records of
Seminole County, Florida.
IN WITNESS WHEREOF, the parties hereto have set their hands and seals as of the
date first written above. ,
WITNESSES
STATE OF FLORIDA
COUNTY OF SEMINOLE
CITY OF WINTER - N� .y
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B evin L. mith �, " r ,
y- 'f J j l Cs
City Manager
The foregoing instrument was acknowledged and sworn to before me this 5 day of
2016 by Kevin L. Smith, City Manager of the City of Winter Springs Florida
who is /is not personally known to me, or has produced as identification.
NOTARY P C
aNotary Public State of Florida
Antonia Della Donna
My Commission FF 152895
Expires 08/20/2018
Termination of a Portion of City's Ten Foot Utility Easement
City of Winter SpringsNistawilla ALF, LLC
Page 2 of 2
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MRRYAflt HM, CLERK OF CIRCUIT COURT
8101I11I0.E COUNTY
BK 04437 PG 0356
CLERK'S M 2002895493
RECORDED 06/17/POOE 01ifW 09 DM
This Instrument prepared by: DEB DOC TAX 0.70
Bowyer-Singleton & Associates, Inc. RECORDIN8 FEES 15.00
520 South Magnolia Avenue RECORDED BY L McKiniay
Orlando, Florida 32801
Phone: (407) 843 -5120
UTILITY EASEMENT
KNOW ALL MEN BY THESE PRESENTS THAT Rob er t A. Y eager, whose address
is 13 0 S. O r a n c P Ave. ft 3 0 0. Orlando- FL the owner of the hereinafter
described, in consideration of the sum of One Dollar ($1.00) and other valuable considerations in hand
paid, does hereby give and grant to the City of Winter Springs, an easement for the construction,
maintenance and operation of utility facilities across the following described property shuate in City of
"1)Inter Springs, Seminole County, Florida , to -wit:
Sea Exhibit 'A* ,
0The grantor for himself or his successors does hereby and agree to and with the grantee and his
s d assigns, that at the time and execution and delivery of these presents he is lawfully seized of
o y described in 'Exhibit K; that he has the right and lawful authority to convey the above
r easement; that they are free from encumbrances; grantee does hereby covenant to warrant
d cndtho sa0asement against the lawful claims ofall persons whdmsoevBr:
This shall confitwe perpetually.
I t HEREOF the grantors have hereunto affixed their hand and seal this 2 R day of
a 2002, at Orlando 6e111irgit
County, Flor Orange
Signed, sealed and d�
,ttie resence of: _
t Name:��
moss r
Print Name: �u ut �J [ie- 4.; V,1
By (Seal)
Print Name: R6a ert ger
Title: 'T'r u s t e e
Address: 130 S. Orange Ave. #300
Orlando, FL 32801
STATE OF FLORIDA
COUNTYOF�kttN6leE ORANGE
Personally before me, the undersigned auth t ,
Trustee of rt
individual described in and who executed the foregoing Insini
executed the same freely and voluntarily and for the purposes
tredRobert YeaQ,g>u
and known to me to be the
nowledged before me fhat he
,CJlN WITNESS WUEAEOF I have hery unto set me hand and Wo E'bal this
of it 2002, at yAcn.vdv OR -+wtf un t eve
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CERTIFICATE OF OF AUTHORIZATION NO. 12E
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& ASSOCIATES, INCORPORATED
520 SOUTH MAGNOLIA AVENUE
ORLANDO, FLORIDA 32801
(407) 843 -5120
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LEGAL DESCRIPTION
10' UTILITY EASEMENT
ROBERT A YEAGER, TRUSTEE PARCEL
A PORTION OF LOT 19, MAP OF THE PHILLIP R. YONGE GRANT, AS
RECORDED IN PLAT- BOOK 1, PAGES 35 -38, PUBLIC RECORDS OF
SEMINOLE COUNTY, FLORIDA, LOCATED IN SECTION 5, TOWNSHIP 21
SOUTH, RANGE 31 EAST, BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
` COMMENCE AT THE NORTHWEST CORNER OF EAGLE WATCH PHASE ONE,
/ AS RECORDED IN PLAT BOOK 49, PAGES 8 -9, PUBLIC RECORDS OF
S�]NOLE COUNTY, FLORIDA, SAID POINT ALSO BEING A POINT ON
/ T EAST RIGHT —OF —WAY LINE OF VISTAWILLA DRIVE, AS RECORDED
N PLAT BOOK 47, PAGES 60 -61, PUBLIC RECORDS OF SEMINOLE
QSyTY, FLORIDA, AND SAID POINT ALSO BEING ON CURVE, CONCAVE
ERLY HAVING A CENTRAL ANGLE OF 09 °50'26" AND A RADIUS
6701�50 FEET; THENCE FROM A TANGENT BEARING OF
N10 °, RUN NORTHERLY ALONG THE ARC OF SAID CURVE AND
SAI RIGHT —OF —WAY LINE, A DISTANCE OF 135.68 FEET;
THEN ARTING SAID CURVE, RUN N06 °10'16 "E, ALONG SAID
EAST - -WAY LINE, A DISTANCE OF 15.33 FEET; THENCE
DEPARTING EAST RIGHT -OF -WAY LINE, RUN S89 °35 "48 "E, A
DISTANCE 4.15 FEET FOR A POINT OF BEGINNING; THENCE
NOO °24'12 "E, TANCE OF 10.00 FEET; S89 °35'48 "E, A
DISTANCE OF .6 T; THENCE N06 °21'38 "E, A DISTANCE OF
275.85 FEET TO ON THE SOUTHERLY RIGHT -OF -WAY LINE OF
STATE ROAD 434, R RIGHT -OF -WAY MAP SECTION 77070 -2517;
THENCE RUN 579 °2 08" LUNG SAID SOUTHERLY RIGHT -OF -WAY
LINE, A DISTANCE OF FEET TO A POINT ON THE WESTERLY
RIGHT -OF -WAY LINE O SCLE RAILROAD (VACATED); THENCE
DEPARTING SAID SOUTH£RL IG F -WA Y LINE, RUN S06 °21'38 "W,
ALONG SAID WESTERLY RIGHT- F-W LINE, A DISTANCE OF 284.13
FEET; THENCE DEPARTING SAID Y RIGHT -OF -WAY LINE, RUN
N89 °35 "48' "W, A DISTANCE OF FEET TO THE POINT OF
BEGINNING. V-��
CONTAINING 0.191 ACRES, MORE OR
SKETCH OF DESCRIPTION ONLY. TPW
,45WAk A SURVEY.
SHEET 2 OF 2
SEE SHEET /OF 2
FOR SKETCH OF DESCRIPTION
MAY 2 8 2W2
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520 SOUTH MAGNOLIA AVENUE
ORLANDO, FLORIDA 32801
(407) 843 -5120
(I AFL/INOLF FLORIDA
TTILITY
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LEGAL DESCRIPTION:
A PORTION OF LOT 19, MAP OF THE PHILLIP R. YONGE GRANT, AS RECORDED IN PLAT BOOK 1, PAGES 35 -38, OF THE
PUBLIC RECORDS OF SEMINOLE COUNTY, FLORIDA AND A PORTION OF SECTION 5, TOWNSHIP 21 SOUTH, RANGE 31 EAST,
BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS.-
COMMENCE AT THE NORTHEAST CORNER OF WSTAWILLA DRIVE, AS RECORDED IN PLAT BOOK 47, PAGES 60 -61, PUBLIC
RECORDS OF SEMINOLE COUNTY, FLORIDA; THENCE ALONG THE SOUTH RIGHT -OF -WAY LINE OF STATE ROAD 434, AS
RECORDED IN OFFICIAL RECORDS BOOK 2301, PAGE 1486 OF SAID PUBLIC RECORDS THE FOLLOWING THREE (3) COURSES.-
RUN S89'49 21 "E, A DISTANCE OF 53327 FEET- THENCE RUN 500'10 39"W A DISTANCE OF ]0.00 FEET, THENCE RUN
589 49 21 "E, A DISTANCE OF 107.63 FEET THENCE DEPARTING SAID SOUTHERLY RIGHT OF WAY LINE RUN S00 03'05'TW, A
DISTANCE OF 274.55 FEET TO A POINT ON THE NORTH LINE OF A 10 FOOT WIDE PUBLIC UTILITY EASEMENT AS
RECORDED IN OFFICIAL RECORDS BOOK 4437, PAGE 356; THENCE S8935'48 "E ALONG SAID NORTH LINE, A DISTANCE OF
149.28 FEET TO A POINT ON THE EAST LINE OF A 25 FOOT WIDE PUBLIC UTILITY EASEMENT AS RECORDED IN OFFICIAL
RECORDS BOOK 3424, PAGE 668, SAID POINT BEING THE POINT OF BEGINNING, • THENCE ALONG THE NORTH AND WEST
LINES OF SAID 10 FOOT WIDE PUBLIC UTILITY EASEMENT THE FOLLOWING TWO (2) COURSES: S8935'48 "E, A DISTANCE OF
232.15 FEET- THENCE RUN N0621'38 "E, A DISTANCE OF 40.22 FEET- THENCE DEPARTING SAID WEST LINE RUN
S8935'48TE A DISTANCE OF 10.05 FEET TO THE WEST RIGHT OF WAY LINE OF OWEDO- SPRING HAMMOCK TRAIL (100
FOOT RIGHT OF WAY), AS RECORDED IN OFFICIAL RECORDS BOOK 3177, PAGE 632 OF SAID PUBLIC RECORDS- THENCE
S0621'38 "W ALONG SAID WEST RIGHT OF WAY LINE, A DISTANCE OF 50.27 FEET- THENCE DEPARTING SAID WEST RIGHT
OF WAY LINE RUN N8935'48 °W, A DISTANCE OF 241.17 FEET THENCE N002738 E; A DISTANCE OF 10.00 FEET TO THE
POINT OF BEGINNING.
CONTAINING: 2,819 SQUARE FEET OR 0.065 ACRES, MORE OR LESS.
SURVEY NOTES,•
1. BEARINGS SHOWN HEREON ARE ASSUMED AND
BASED ON THE SOUTHERLY RIGHT OF WAY LINE
OF STA TE ROAD 434, AS BEING S8949'21 "E
2 LANDS SHOWN HEREON WERE NOT ABSTRACTED
FOR RIGHTS -OF -WAY, EASEMENTS, OWNERSHIP,
ADJOINERS OR OTHER INSTRUMENTS OF RECORD.
0212412016
3. THIS SKETCH MEETS THE APPLICABLE "STANDARDS WILLIAM D. DONL-Y DATE
OF PRACTICE" AS SET FORTH BY THE FLORIDA PROFESSIONAL SURVEYOR & MA , ER
BOARD OF PROFESSIONAL SURVEYORS AND LICENSE NUMBER LS 5381
MAPPERS IN RULE 5J17.050 -.052, FLORIDA NOT VALID WITHOUT THE SIGNATURE AND THE OR;GNAL RAISED SEAL OF A
FLORIDA LICENSED SURVEYOR ,INO ,MAPPER
ADMINISTRA TI VE CODE.
4. THIS IS NOT A BOUNDARY SURVEY. SHEET 1 OF 2
(SfE SHEET 2 FAP SKETCH OF DESCRIPTION)
SKETCH OF DESCRIPTION ONLY. THIS 1S NOT A SURVEY.
SKETCH OF DESCRIPTION
- OF-
UTILITY EASEMENT
A POR770H OF PARCEL 2,
BEING A POR77ON OF LOT 19, PHILLIP R. YONGE GRANT
& SECTION 5 TOWNSHIP 21 SOUTH, RANGE J1 EAST
SEMINOLE COUNTY
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Dewberry
520 SOUTH MAGNOLIA AVENUE
ORLANDO, FLORIDA 32801
PHONE: 321.354.9826 FAx:407.648.9104
W W W.DEWBERRY.COM
CERTIFICATE OF AUTHORIZATION N0. LEI 8011
EXHIBIT
PREPARED FOR:
VISTAWILLA ALF, LLC
OA 7E 01102116 PRO.): 50076506
REV DA7E.- DRAWN BY. KMS
SCALE I' - N/A CHECKED BY.- 00
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(PB 47, PGS 60 -61)
-SOUTH R/W LINE
(O.R. 2301, PG 1485)
S89'49'21 "E 533.27'
(BASIS OF BEARING)
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S89'49'21 "E
107 63'
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STATE ROAD 434
VARIABLE W07H RIGHT -CIF -WAY
RIGHT- OF-WAY MAP SECTION 77070 -2517
SOUTH RIGHT -OF -WAY LINE
(O.R. 2301, PG 1486)
LOT 19,
PHILLIP R. YONGE GRANT
(PB 1, PG 36)
50' WIDE EASEMENT TO COUNTY FOR
ROADWAY IMPROVEMENTS & UTILITIES
O.R. 4437, PG 54
(TO BE VA CA TED)
NORTH LINE OF 10' WIDE
PUBLIC UTILITY EASEMENT -�
O.R. 4437, PG 356
POINT OF BEGINNING
25' WIDE PUBLIC
UTILITY EASEMENT
0. R. 3424, PG 668
SKETCH OF DESCRIPTION
O.R. 4029, PG 359
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S8935'48 149.28'
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SKETCH OF DESCRIPTION
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WSTAW/LLA ALF, LLC
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' RAILROAD
(100' R /W)
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A PORTION OF PARCEL 2,
WWW.DEWBERRY.COM
i NOT PLATTED
13
10' WIDE PUBLIC
Y EASEMENT
DATE.' 01/02/16 PROJ.• 50076506
O.R. .R. 44J7, PG 356
3 Q
S8q'35'48 "E 10.05'
SEMINOLE COUNTY FLORIDA
UALITY EASEMENT
0
(TO BE VACATED)
WEST L/NE OF 10' WIDE
S
PUBLIC UTILITY EASEMENT
O.R. 4437, PG 356
a3
V06'21'38 "E 40.22'
�_
S89*3548 E
N
232.15'
�°
(12,819 sf)
(rOj
N89'35'48
OR 4437, PG 356
241.17'
. .
D.E.P. DEPARTMENT OF ENVIRONMENTAL PORTION OF PARCEL 1
PROTEC71ON EAST LINE OF 25' WIDE V/STAWILLA PLAZA B
R/W RIGHT OF WAY
O.R. OFFICIAL RECORDS BOOK PUBLIC UTILITY EASEMENT OWNERS"
PB PLAT BOOK O. R. 3424, PG 668 ASSOCIA T/ON, INC.
PG(S) PACES O.R. 4029, PG 359 1 O. R. 3424, PG 651
sf SQUARE FEET LOT J9,
oc. ACRES PH/LLIP R. YONGE GRANT NOT PLATTED
o CHANGE IN DIRECTION (PB 1, PG 36) SHEET 2 OF 2 (SEE SHEET I FOR OESCRIPTION OF SKETCH)
SKETCH OF DESCRIPTION ONLY. THIS IS NOT A SURVEY.
SKETCH OF DESCRIPTION
PREPARED FOR:
-OF-
t.l_ Dewberry
WSTAW/LLA ALF, LLC
UTILITY EASEMENT
520 SOUTH MAGNOLIA AVENUE
ORLANDO, FLORIDA 32801
PHONE: 321.354.9826 FAX: 407.648.9104
A PORTION OF PARCEL 2,
WWW.DEWBERRY.COM
BEING A PORTION OF LOT 19, PHILLIP R. YONGE GRANT
& 5EC71ON 5 TOWSHIP 21 SOUTH, RANGE JI EAST
CERTIFICATE OF AUTHORIZATION NO. LB 8011
DATE.' 01/02/16 PROJ.• 50076506
REV DATE• DRAWN BY.• KMS
SEMINOLE COUNTY FLORIDA
SCALE 1" = 40' CHECKED BY: WDD
GARGANESE, WEISS & UAGRESTA, P.A.
Al!orfieys al Law
111 N. Orange Ave., Suite 2000
P.O. Box 2873
Orlando, Florida 32802 -2873 Jennifer
Plione (407) 425 -9566 Senior Attorney y Nix
Fax (407) 425 -9596 jnixCq)or /ando /au•.net
January 26, 2017
The City of Winter Springs
Attention: Andrea Lorenzo- Luaces, City Clerk
1126 East State Road 434
Winter Springs, Florida 32708
Re: Vistawilla ALF - original recorded termination of easement
Dear Andrea,
Please find enclosed the original recorded Termination of Identified Portion of Ten Foot
Utility Easement, which was recorded by the City on December 12, 2016 in the public records of
Seminole County, Florida at Book 8822, Pages 585 -591. While we have retained a copy for our
tile, the original recorded document is being provided to you for safekeeping.
Thank you in advance for your time. If you have any questions, please contact me at your
convenience.
Enclosure: As noted.
r
Ft. Lauderdale (954) 670 -1979 * i -,;s =,ininlee (321) 402 -0144 • Cocoa (866) 425 -9566
Prepared by and return to:
City of Winter Springs, Attn: City Manager
1126 East S.R. 434
Winter Springs, FL 32708
"ELECTRONICALLY RECORDED"
Maryanne Morse, Clerk of Circuit Court
Seminole County, FL
Instrument #2016068706 Bk. 8719 Page 1474
E- Recorded 07/05/2016 at 9:02 A.M.
$112.00
Doc Stamps $ .70
CROSSACCESS EASEMENT
THIS CROSS ACCESS EASEMENT (the "Agreement") is made this a.;Y day of
d.AA-JA_ 02016
By: VISTAWILLA ALF, LLC, a Florida limited liability company
Having a mailing address of:
154 N. Ryan Street, Santa Rosa Beach, Florida 32459
(hereinafter called "Grantor") in favor of the CITY OF VdNTER SPRINGS,
FLORIDA, a Florida Municipal Corporation, having a mailing address of 1126 East
State Road 434, Winter Springs, FL 32708 ("Grantee').
WHEREAS, Grantor is the sole owner of certain real property located within the
City of Winter Springs, Seminole County, Florida, and legally described in Exhibit "A"
attached hereto and incorporated herein (the "Grantor Parcel'); and
WHEREAS, Grantor desires to convey a cross access easement over, under, and
across a portion of the Grantor Parcel, as legally described in Exhibit "B" attached hereto
and incorporated herein (the "Easement Parcel"), for purposes of allowing public ingress
and egress to adjacent properties and right -of -ways; and
WHEREAS, Grantor and Grantee believe that this cross access easement is in the
best interest of the public health, safety, and welfare of the citizens of Winter Springs and
Seminole County.
NOW, THEREFORE, in consideration of the enumerated public purposes stated
herein, and mut W covenants, terms and conditions and restrictions contained herein,
together with other good and valuable consideration, the receipt and sufficiency of which
is acknowledged, Grantor provides as follows:
1) Recitals. The foregoing recitals are hereby incorporated herein by this reference.
404.1279 -"04 2
129OLM06
N9D526I
2) Grant of Easement. Grantor hereby voluntarily grants and conveys to Grantee,
its successors and assigns, subject to any previous duly recorded easements or
grants of record, a public cross access easement over, under, and across the
Easement Parcel of the nature and character and to the extent hereinafter set forth
("Easement').
3) Purpose of Easement, It is the express purpose of this Easement to provide
Grantee and the public unconditional ingress and egress from the Easement Parcel
for the purposes stated herein.
4) Rights of Grantee, To accomplish the purposes stated above, and at Grantee's
expense, the following rights are conveyed to the Grantee by this Easement:
a. To use the Easement Parcel for ingress and egress over and across the
Easement Parcel for the benefit of the public; and
b. To prevent any activity on or use of the Easement Parcel that is
inconsistent with the purpose of the Easement, and to require the
restoration of areas of features of the Easement Parcel that may be
damaged by an inconsistent activity or use; and
C. To take any civil action deemed necessary, at the Grantee's sole and
absolute discretion, to protect and preserve the Easement granted
hereunder.
5) Easements Run with the Land. This Easement shall remain a charge against the
Easement Parcel. Therefore, this Easement shall "run with the land" and be
automatically assigned by any deed or other conveyance conveying a portion of
the Easement Parcel relating to this easement, even though conveyance makes no
reference to this Easement as such.
6) Attorney's Fees. In the event it is necessary for either party to bring or maintain
any action, suit or proceeding to enforce or interpret this Agreement, then the
prevailing party in such action, shall, in addition to all other remedies, be entitled to
recover from the losing party all of its costs and expenses, including, but not limited
to, all attorneys' fees, whether such fees are incurred at any pretrial, trial, appellate or
bankruptcy proceedings.
7) Recordation. Grantor shall record this Agreement in a timely fashion in the
Official Records of Seminole County, Florida and may re- record it at any time as
may be required to preserve the Easement.
8) Successors. The covenants, terms, conditions, rights, and restrictions of this
Agreement 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 with the Easement Parcel.
9) Grantor's Representations and Warranties. Grantor hereby agrees and makes
the following representations and warranties to Grantee:
a. Grantor is lawfully seized of said Easement Parcel in fee simple and has
full and lawful authority to execute this Easement, convey the Easement to
Grantee, and bind the Easement Parcel as set forth herein.
b. The Easement Parcel is free of any and all encumbrances, except zoning
restrictions and prohibitions and other requirements imposed by
government authority and other encumbrances which are recorded in the
public records of Seminole County, Florida.
C. Grantor shall pay any and all taxes that are levied on the Easement Parcel,
from time to time, as said taxes and assessments come due.
d. Grantor hereby warrants the title to the Easement granted hereunder over,
under, and across the Easement Parcel and will defend the same against
lawful claims of all persons claiming by, through, or under Grantor, but
against none other.
10) Reasonable Use of Easement. The Easement granted hereunder shall be used and
enjoyed by Grantee, its contractors, employees, agents, and representatives in
such a manner so as not to unreasonably interfere with, obstruct or delay the
conduct and operations of the business at any time conducted on the Grantor
Parcel, including, without limitation, public access to and from said business.
11) No Waiver. No waiver of any default of any obligation by any party hereto shall
be implied from any omission by the other party to take any action with respect to
such default.
12) No Agency, Nothing in this Agreement shall be deemed or construed by either
party or by any third person to create the relationship of principal and agent or of
limited or general partners or of joint venturers or of any other association
between the parties.
13) Governing Law. The laws of the State of Florida shall govern the interpretation,
validity, performance, and enforcement of this Agreement.
14) Grantee's Right to Seek Equitable Relief. Grantor agrees, acknowledges and
recognizes that any breach of this Agreement by Grantor would result in
irreparable harm to Grantee and the public, and accordingly, Grantor agrees that
in addition to and not in lieu of all legal and equitable remedies available to
Grantee by reason of such breach, Grantee shall be entitled to equitable relief
(including, without limitation, specific performance and injunctive relief) to
enjoin the occurrence and continuation of the breach.
15) Entire Agreement, This Agreement constitutes the full and entire agreement
between the parties hereto and supersedes any oral or written prior
communications between the parties related to the subject matter contained in this
Agreement. This Agreement shalt be governed by the laws of Florida.
16) Sovereign Immunity. Nothing contained in this Agreement shall be construed as
a waiver of the Grantee's right to sovereign immunity under Section 768.28,
Florida Statutes, or other limitations imposed on the Grantee's potential liability
under state or federal law.
17) Modifications. This Agreement shall only be modified by a written instrument
executed by the parties hereto or any successor, assigns heirs, or representatives
thereto.
18) Grantor's Dutv of Noninterference. Grantor agrees not to materially interfere
or allow others to materially interfere with Grantee's rights to use the Easement
Parcel as specifically set forth herein. Grantor agrees not to permit or allow the
construction or erection of any building or structure on the Easement Parcel
without prior written consent of the Grantee; it being expressly understood and
agreed, however, that the Easement is non - exclusive and that Grantor shall have
the authority to use and to authorize others to use the Easement Parcel in any
manner which is not inconsistent with this Agreement, including for the
installation of landscape, handscape, and pavement.
19) Termination. The parties agree that this Agreement is intended to be perpetual.
However, in the event the Grantee determines, at its sole discretion, that it no
longer requires the property for the Public Utilities described herein, Grantee, at
Grantor's written request, agrees to execute an appropriate written instrument to
terminate this easement.
[Signatures appear on the following page]
IN WITNESS WHEREOF. Grantor and Grantee set their respective hands on
the day and year above written.
(�� "
Print �
, lIY�dk1 ' !,/e
/"/" Z'Al.'
, =ruft NvAe:
STATE OF FLORIDA
COUNTY OF 1._9 cd-1w h
GRANTOR:
VISTAV4LLA ALF, LLC
By: Rookie Development Company, as
its Manager
Richard J. Rookis, as President
The foregoing instrument was acknowledged and sworn to before me this
day of , 2016, by Richard J. Rookis, as President of Rookis
Development Co parry, a Florida corporation, as Manager of VistawilIa ALF, LLC, a
Florida limited liability company, on ehalf of the company, who is/is not personally
known to me, or has produced as identification. j
ExMm ul le "r m. W"
r Aso +a NoAS mn
WITNESSES
STATE OF FLORIDA
COUNTY OF SEMINOLE
GRANTEE:
CITY OF WINTER SPRINGS
B evin L. SMVI
City Manager
The foregoing instivment was acknowledged and sworn to before me this JU day
of 0 V n P— , 2016 Kevin L. Smith, City Manager of the City of Winter
Springs Florida who is not personally known to me, or has
produced as identification.
NOTARY PUBLIC
Antonio Dolls Donns
My Co wnwlon FF i=w
Ewk•• oenonoie
B13KW0C — _ _ _ 'ty.DW
EXHIBIT "A"
LEGAL DESCRIPTION OF GRANTOR PARCEL
The land referred to herein below is situated in the County of Seminole, State of Florida,
and is described as follows:
A portion of Lot 19, Map of the Phillip R. Yonge Grant, as recorded in Plat Book 1,
Pages 35 -38, Public Records of Seminole County, Florida and a portion of Section 5,
Township 21 South, Range 31 East, being more particularly described as follows:
Commence at the Northeast corner of Vistawilla Drive, as recorded in Plat Book 47,
Pages 60 -61, Public Records of Seminole County, Florida, thence along the South right -
of -way line of State Road 434 as recorded in Official Records Book 2301, Page 1486, run
the following three (3) courses, S89 °49'21 "E for a distance of 533.27 feet; thence run
S00 °10'39 "W for a distance of 10.00 feet; thence run S89 °4921 "E for a distance of
107.63 feet to the point of beginning; thence continue along said South right -of -way line
the following two (2) courses: run S89 °49'21 "E for a distance of 401.73 feet; thence run
S79 °28'18 "E for a distance of 20.20 feet to the West right -of -way line of Black
Hammock Branch Seaboard Coast Line Railroad (now known as Oviedo - Spring
Hammock Trail); thence departing said South right -of -way line of State Road 434 run
S06 °21'38 "W along said West right -of -way line a distance of 436.23 feet to the North
line of Eagles Watch Phase Two as recorded in Plat Book 50, Pages 20 -21, Public
Records of Seminole County, Florida; thence departing said West right -of -way line run
along said North line N89 °3222 "W for a distance of 250.53 feet to a point on the West
line of a 25 foot wide public utility Easement per Official Records Book 3424, Page 668
and Official Records Book 4029, Page 359, Public Records of Seminole County, Florida;
thence run N00°27'38 "E along said West line, a distance of 151.04 feet to the North line
of lands described in Official Records Book 3424, Page 651; thence along said North line
run N89 °3548 "W for a distance of 124.21 feet; thence departing said North line run
N00 °03'05 "E for a distance of 284.56 feet to the point of beginning.
EXHIBIT "B»
LEGAL DESCRIPTION OF EASEMENT PARCEL
A POR77ON OF LOT 19, MAP OF THE PHILLIP R. YONGE GRANT, AS RECORDED IN PLAT BOOK 1. PAGES 35 -38, OF THE
PUBLIC RECORDS OF SEMINOLE COUNTY, FLORIDA AND A POR77ON OF SECTION 5. TOWNSHIP 21 SOUTH, RANGE 31 EAST,
BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCE AT THE NORTHEAST CORNER OF WSTAWILLA DRIVE, AS RECORDED IN PLAT BOOK 47, PAGES 60 -61, PUBLIC
RECORDS OF SEMINOLE COUNTY, FLORIDA, THENCE ALONG THE SOUTH RIGHT— OF—WAY LINE OF STATE ROAD 434 AS
RECORDED IN OFF701AL RECORDS BOOK 2301, PAGE 1486 OF SAID PUBLIC RECORDS THE FOLLOWING THREE (3) COURSES.,
S89 49'21 "E. A DISTANCE OF 533.27 FEET; THENCE RUN S0070'39 "W, A DISTANCE OF 10.00 FEET, THENCE RUN
S8949'21 "E, A DISTANCE OF 107.63 FEET, THENCE DEPARTING SAID SOUTHERLY RIGHT OF WAY UNE RUN SOO- 0 -05 "W, A
DISTANCE OF 160.04 FEET TO THE POINT OF BEGINNING, THENCE 589 49'21 "E, A DISTANCE OF 12.67 FEET TO THE POINT
OF CURVATURE OF A CURVE CONCAVE NORTHWESTERLY, HANNG A RADIUS OF 5.00 FEET, A CENTRAL ANGLE OF
90170100', A CHORD BEARING OF N4570'39 E AND A CHORD DISTANCE OIL 7.07 FEET THENCE NORTHEASTERLY ALONG
7HE ARC OF SAID CURVE A DISTANCE OF 7.85 FEET TO THE END OF SAID CURVE THENCE N0070'39 "E, A DISTANCE OF
5802 FEET TO THE POINT OF CURVATURE OF A CURVE CONCAVE SOUTHEASTERLY, HAVING A RADIUS OF 53.00 FEET, A
CENTRAL ANGLE OF 895945 , A CHORD BEARING OF N4570'31 "E AND A CHORD DISTANCE OF 74.95 FEET THENCE
NORTHEASTERLY ALONG THE ARC OF SAID CURVE A DISTANCE OF 83.25 FEET TO THE END OF SAID CURVE, THENCE
58949'36 "E, A DISTANCE OF 171.58 FEET 70 THE POINT OF CURVATURE OF A CURVE CONCAVE NORTHWESTERLY, HAVING
A RADIUS OF 24.00 FEET, A CENTRAL ANGLE OF 895946 , A CHORD BEARING OF N4570'32 "E AND A CHORD DISTANCE
OF 33.94 FEET, THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE A DISTANCE OF 37.70 FEET 70 THE END OF
SAID CURVE, THENCE N0070'39 "E, A DISTANCE OF 15.92 FEET TO THE POINT OF CURVATURE OF A CURVE CONCAVE
WESTERLY, HAVING A RADIUS OF 5.00 FEET A CENTRAL ANGLE OF 38 7524 , A CHORD BEARING OF N1852'03 0W AND A
CHORD DISTANCE OF 3.26 FEET THENCE NORTHERLY ALONG 7HE ARC OF SAID CURVE A DISTANCE OF 3.32 FEET TO 7HE
END OF SAID CURVE AND THE SOUTHERLY RIGHT OF WAY LINE OF STATE ROAD 434; THENCE RUN S894921 "E ALONG
SAID SOU7HERLY RIGHT OF WAY UNE, A DISTANCE OF 56.61 FEET TO A POINT ON A N01N— TANGENT CURVE,
(CONTINUED ON SHEET 2)
SURVEY N07FS'
1. BEARINGS SHOWN HEREON ARE ASSUMED AND BASED
ON IHE SOUTHERLY RIGHT OF WAY UNE OF STATE
ROAD 434, AS BEING S89 4921 "E.
2. LANDS SHOWN HEREON WERE NOT ABSTRACTED FOR
RIGHTS -OF —WAY, EASEMENTS, OWNERSHIP,
ADJOINERS OR 07HER INSTRUMENTS OF RECORD.
141,�- d 4",..::� 0212412016
3. THIS SKETCH MEETS THE APPUCABLE "STANDARDS WILLIAM D. DONLEr DATE
OF PRACTICE" AS SET FORTH BY THE FLORIDA PROFESSrONAL SURVEYOR A, AIA447
BOARD OF PROFESSIONAL SURVEYORS AND MAPPERS LICENSE NUMBER LS 5381
IN RULE 5J17.050 —.052, FLORIDA ADMINISTRATIVE NOT VALKI WINOUT THE SIGNATURE AND ME ORIGINAL RA15E0 SEAL OF A
CODE. FLORIDA UCENSED SURWYW AND MAPPER
4. 1H/S IS NOT A BOUNDARY SURVEY.
SHEET I OF 5 r317 5NM7 ,, ,W , nm swm or vmwi
SKETCH OF DESCRIPTION ONLY. THIS IS NOT A SURVEY.
SKETCH OF DESCRIPTION
—OF—
ACCESS EASEMENT
A Pd IXW ar PARCU 2
RM A PCRM OF LOT AL PY LUP R WVGE G6WI
i SWN W 4 1D 09W ZT SWR RANAE X EAST
Dewberry
520 Soum MAGNOLIA AvENuE
ORLANDO. FLORIDA 32801
PHoNE321.354.9826 FAX:407.648.9104
WWW.DEWBERRY.COMM
CERTIFICATE OF AuTHoRIZATIoN ND. LB 8011
PREPARED FOR:
WSTAWILLA
ALF, LLC
DATE TT/?I/15 REV
PRW 50076506
DATE 051OS/?T6
DRAW Or INS
SCAif T' - N/A
G rom Or NW
LEGAL DESCRF770N: (CONTINUED FROM SHEET 1)
CONCAVE EASTERLY, HAVING A RADIUS OF 5.55 FEET, A CENTRAL ANGLE OF 3534'16", A CHORD BEARING OF
51770'59 "W AND A CHORD DISTANCE OF 3.42 FEET, THENCE RUN SOUTHERLY ALONG THE ARC OF SAID CURVE A
DISTANCE OF 3.48 FEET TO THE POINT OF TANGENCY THENCE S007D'39'W, A DISTANCE OF 14.73 FEET TO 7HE POINT
OF CURVATURE OF A CURVE CONCAVE NORTHEASTERLY, HAVING A RADIUS OF 26.00 FEET, A CENTRAL ANGLE OF
90V0'0O', A CHORD BEARING OF S44 4921 "E AND A CHORD DISTANCE OF 36.77 FEET THENCE SOUTHEASTERLY ALONG
THE ARC OF SAID CURVE A DISTANCE OF 40 84 FEET TO THE POINT OF TANGENCY, THENCE 589'49'21 "E, A DISTANCE OF
70.10 FEET TO A POINT ON THE WEST RIGHT OF WAY LINE OF OWEDO- SPRING HAMMOCK TRAIL, AS RECORDED IN
OFFICIAL RECORDS BOOK 3177, PAGE 632 OF SAID PUBLIC RECORDS, 7HENCE 50621.36 -W ALONG SAID WEST RIGHT OF
WAY LINE, A DISTANCE OF 31.51 FEET • THENCE DEPARTING SAID WEST RIGHT OF WAY LINE RUN N894921 "W, A DISTANCE
OF 7.03 FEET TO THE POINT OF CURVATURE OF A CURVE CONCAVE NORTHERLY, HAVING A RADIUS OF 71.00 FEET A
CEN7RAL ANGLE OF 0626'34-, A CHORD BEARING OF N8636'04'W AND A CHORD DISTANCE OF 7.98 FEET, THENCE
WESTERLY ALONG THE ARC OF SAID CURVE A DISTANCE OF 7.98 FEET TO THE POINT OF REVERSE CURVATURE OF A
CURVE CONCAVE SOUTHEASTERLY, HAVING A RADIUS OF 9.00 FEET, A CENTRAL ANGLE OF 934723; A CHORD BEARING
OF S4946'01 "W AND A CHORD DISTANCE OF 1313 FEET, THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE A
DISTANCE OF 14.72 FEET TO 7HE END OF SAID CURVE, WENCE 505'41'48 "W, A DISTANCE OF 126.84 FEET, THENCE
S44 49'21 "E, A DISTANCE OF 20.71 FEET TO THE POINT OF CURVATURE OF A CURVE CONCAVE NORTHEASTERLY, HAVING
A RADIUS OF 10.00 FEET, A CENTRAL ANGLE OF 3926'23*, A CHORD BEARING OF S6432'33'E AND A CHORD DISTANCE
Os' 6.75 FEET. THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE" A DISTANCE OF 6.88 FEET 70 A POINT ON THE
SAID NEST RIGHT OF WAY LINE OF OVIEDO- SPRING HAMMOCK TRAIL, THENCE S0671'38'W ALONG SAID WEST RIGHT OF
WAY LINE, A DISTANCE OF 2350 FEET TO A POINT ON A NON - TANGENT CURVE, CONCAVE NORTHEASTERLY, HAVING A
RADIUS OF 33.50 FEET A CENTRAL ANGLE OF 39W'10 , A CHORD BEARING OF N6479'26 "W AND A CHORD DISTANCE OF
2237 FEET; THENCE DEPAR77NG SAID WEST RIGHT OF WAY LINE RUN NORTHWESTERLY ALONG THE ARC OF SAID CURD' A
DISTANCE OF 22.80 FEET TO THE POINT OF TANGENCY; THENCE N44 49'21 "W, A DISTANCE OF 32.61 FEET. THENCE
N0671'38 "E, A DISTANCE OF 59.49 FEET THENCE N0073'04 "E, A DISTANCE OF 80.70 FEET TO A POINT ON A
NON - TANGENT CURVE CONCAVE SOUTHWESTERLY, HAVING A RADIUS OF 10.00 FEET, A CENTRAL ANGLE OF 90'00'00; A
CHORD BEARING OF N44 4921 "W AND A CHORD DISTANCE OF 14.14 FEET • THENCE NORTHWESTERLY ALONG THE ARC OF
SAID CURVE A DISTANCE OF 15.71 FEET TO THE END OF SAID CURVE, THENCE N89 4921'W, A DISTANCE OF 269.05 FEET
TO A POINT ON A NON - TANGENT CURVE, CONCAVE SOUTHEASTERLY, HAVING A RADIUS OF 37.12 FEET, A CENTRAL
ANGLE OF 89 37'50. A CHORD BEARING OF S4570'39'W AND A CHORD DISTANCE OF 5233 FEET THENCE
SOUTHOE57ERLLY ALONG THE ARC OF SAID CURVE A DISTANCE OF 58.07 FEET TO THE END OF SAID CURVE, THENCE
S0070'39'W, A DISTANCE OF 11801 FEET TO 7HE POINT OF CURVA7URE OF A CURVE CONCAVE NORTHEASTERLY, HAVING
A RADIUS OF 10:00 FEET, A CENTRAL ANGLE OF 6675'19. A CHORD BEARING OF S33102'00 "E AND A CHORD DISTANCE
OF 10.95 FEET THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE A DISTANCE OF 11.59 FEET TO THE POINT OF
TANGENCY,• THENCE S0070'39'W, A DISTANCE OF 24.83 FEET, THENCE N8949'21'W, A DISTANCE OF 47.45 FEET. THENCE
NOOW'05 0E, A DISTANCE OF 97.98 FEET TO 7HE POINT OF BEGINNING.
CONTAINING.- 23,213 SQUARE FEET OR 0.542 ACRES MORE OR LESS.
SHEET 2 OF 5
J= SHIM J AND 4 FOR S TWH OF DESO WIM)
SKETCH OF DESCRIPTION ONLY. THIS 1S NOT A SURVEY.
SKETCH OF DESCRIPTON
-OF-
ACCESS EASEMENT
A PORMW Or PAN= Z
/FANG A POVIX V GP LOT m Aw" R mAx AODWT
! SECUM A TDNWSHW 21 Safl11( RANGE M EAST
Dewberry
520 SOUTH MAGNOLIA AVENUE
ORLANoo, FLORIDA 32801
PHONE: 321.35411826 FAx:407.648.9104
WWW.DMERRY.COM
CERTIFICATE OF AUTHORIZATION NO. LB 8011
PREPARED FOR:
WISTAWILLA
ALF, LLC
DATE 11124%15 REV
AM 300765w
04 05/05/2M6
DRAWN BY! WS
SCALE i' - N/A
CWCKW B?° NOD
POINT NF DMMENCEME&
(P.B. 47, PAGES 60 -61)
`SOUTHERLY RIGHT- OF-WAY LINE
(O.R. 23Oi, PAGE 1486)
589'4921 E 533.27 STATE ROAD 434
S007039'W 10.00' YAIEW W N mw-A- IWY
NW-a -rur wa SEMY 7-207
Q
S
S89'49'21 "E
12.67'
'DINT OF
L= 83.25'
I R =5.3 00' RIGHT £OFYWAY LINE r I
1 &-89'59'45" (OR 2301, PG 1486)
CB= N457031 "E
I
CH= 74.19,5' PNT S894936 "E 171.58'
2
INN
3I ��
g�W
Imo
Obi
o�
>W
n
0
LLJ
PT
F..
w
v
a
PC
N89'49'21 "W ' 47 45'
(10142 va)
N89'49
L= 58.07'
R= 37.12'
4= 89'37'50"
CB= S4570'39 "W
CH= 52.33'
NOT PLATTED
L= 11.59'
R= 10.00'
- X66'25'19"
0= 03102'00 "E
cH= 10.95' -
--
Soo 70'39 "W
24.83'
SHEET 3 OF 5 (ME AlffEll I AM Y FM D=WV&N OF )
ONLY. THIS IS NOT A SURVEY.
�j 1 #04 - 40 FEET
0
269.05' j � N
ai ��
o� r
W
�r
t
1
f
f
LEGEND:
—4-- LINE BREAK
POC
POINT ON A CURVE
PC
PMT OF CURVATURE
PRC
POINT OF REVERSE CURVATURE
PT
POINT OF TANGENCY
AT
POINT OF NON TANGENCY
R/W
OR
RIIT OF WAY
CIAL RECORDS BOOK
PS
PLAT BOOK
PC
PACE
L
LENGTH
R
RADIUS
A
CENTRAL ANGLE
CB
CHORD BEARING
CH
CHORD LENGTH
of
SQUARE FEET
0o
ACRES
CURVE TABLE
CURVE
LENGTH
RADIUS
I DEL TA
I CHORD
I BEARING
C1
7.85'
5.00
90170'00'
I 7.07'
N457039 -E
SKETCH OF DESCRIP 110N
PREPARED FOR:
—OF—
Dewberry
ACCESS EASEMENT
VISTAIMA ALF, LLC
520 SOUTH MAGNOUA AVENUE
ORLANDO, FLowaA 32801
PHONE: 321.354.9826 FAX:407.648.9104
A PORNO OF PARCEL L
NIM A Pmm OF Lor i% pmup R mhw GRANT
t SEVEW A 7OW45W r SOUAL RANGE X EAST
WWW.DEWBERRY.COM
CERTIFICATE OF AUTHORIZATION ND. LB 6011
DAZE: II/74/I3 REV AW 50078308
04M, 0.lfQ'i/7!8 DRAW Nr KYS
SEMINQLE COUNTY FLORIDA
SU" i' - N/A CF EQKED BY.' NOD
LEGEND:
—�— LINE BREAK
POC
POINT ON A CUP
PC
PMT OF CUM
PRC
POINT OF REVEA
PT
POINT OF TANGS
R/W
RIGHT OF WAY
OR
OFFICIAL RECOM
PS
PLAT GOOK
PC
PAGE
L
LENGTH
C4
J48'
A
CENM L ANGLE
CB
CHORD BEARING
CH
CHORD LENGTH
N
SQUARE FEET
a
ACRES
PERPETUAL DRAINAGE
EASEMENT (PARCEL 800)
OR 2747, PG 496
EA5EMENT TO
IMPROVEMENTSC& U77LI FOR ROADWAY STA TE ROAD 434
OR 4437, PG 54 VARWILE IWD7H MIGHT-Or-WAY
(BEARING BASIS) RiPff- OF-WAY AMP SECIM 7m70 -2517
S89'492I T SOU 7HERLY RIGHT- OF-WAY LINE 0 20 40
_ _\ PNT PC 56.61 ' PT PNT (OR 2301. PG 1486)
N0070'39 "E C3 C4 "� - 40 MET
I S0070'39 "W 14.73' oNE�o /5PR1NC
15.921 PT PC
HAMMOCK TRAIL
I S69'4936 "E �' S89'49'21 "E AND ASI
AND EAST LINE 10' WDE
F.. 171.58 _ y 70.10' OnLITY EASEMENT
1 PC PT
IACCESS EASEMENT 12 2f3 a>*
(PROPOSED) Pr ( *0. 42 Da) -A
I N89'49'21 "W 269. Q5' M I� p
\ PC L+s (� O
I
ACCESS EASEMENT
PARCEL 808)
OR 86, PG 374
OR 2299, PG 984
EASEMENT TO COUNTY
FOR ROADWAY
IMPROVEMENTS do UTILITIES
OR 4437, PG 54
NOT AtAT7ED
-j L= 15.71'
R =10. DD''
d= 90700'00 " -
CB= N44049'21 "W
CH= 14.14'
CURVE TABLE
CURVE
LENGTH
RADIUS
DELTA
CHORD
BEARING
C2
37.70'
24.00
89'5946"
.3,194'
N45701321E
C3
332'
5.00
38175'24'
326'
N1852'03'W
C4
J48'
555
35*54'16'
3.42'
S177059W
C5
40.84'
26-W
90770'00'
36.77'
544149211E
C6
7.98'
71.00
0676;74'
7.98'
N86361047W
C7
1 14.72'
100
93'42230
1 1.113'
S49.46'O1'W
It—
c ,N
o CL
� k,
0 V4
MATCH LINE
SEE SHEET 5 Z
SHEET 4 OF 5
cd
S
(SW 99M I AM 2 FM DES WPON OF 5147M)
SKETCH OF DESCRIPTION ONLY. THIS IS NOT A SURVEY.
SKETCH OF DESCRIPTION
-OF-
ACCESS EASEMENT
A PLIRRLN OF PARM 2.
S MQ A Pamm GF HAT Iq PuLip a vow GRANr
A SMW A r0WWV V MUR4 WJGE X CAST
Dewberry
520 SouTH MAalloLU►AVENUE
ORLANDD, FLORIDA 32801
PHONE: 321.354.9826 FA7(:407.648,9104
WWW.DEWBERRY.0 OM
CERTIFICATE OF AUTHORIZATION No. L6 8011
PREPARED FOR:
WSTAWILLA
\
DAM II/T4AS REV
mw 5007WSW6
DAZE• 05/05/?IS
DRANN ar KYS
l
CHECKED OP WD
R O
rAlIL-C
It—
c ,N
o CL
� k,
0 V4
MATCH LINE
SEE SHEET 5 Z
SHEET 4 OF 5
cd
S
(SW 99M I AM 2 FM DES WPON OF 5147M)
SKETCH OF DESCRIPTION ONLY. THIS IS NOT A SURVEY.
SKETCH OF DESCRIPTION
-OF-
ACCESS EASEMENT
A PLIRRLN OF PARM 2.
S MQ A Pamm GF HAT Iq PuLip a vow GRANr
A SMW A r0WWV V MUR4 WJGE X CAST
Dewberry
520 SouTH MAalloLU►AVENUE
ORLANDD, FLORIDA 32801
PHONE: 321.354.9826 FA7(:407.648,9104
WWW.DEWBERRY.0 OM
CERTIFICATE OF AUTHORIZATION No. L6 8011
PREPARED FOR:
WSTAWILLA
ALF, LLC
DAM II/T4AS REV
mw 5007WSW6
DAZE• 05/05/?IS
DRANN ar KYS
SCALE I ` - H/A
CHECKED OP WD
LEGEND:
—� UNE BREAK
F'OC
POINT ON A CURVE
PC
POINT OF CURVATURE
PRC
POINT OF REVERSE CUR1
PT
POINT OF TANCENCY
R1*
RIGHT OF WAY
OR
OFFICIAL RECORDS BOOK
PS
PLAT BOOK
PG
PACE
L
LENGTH
R
RADIUS
A
CENTRAL ANGLE
GB
CHORD BEARING
CH
CHORD LENGTH
of
SQUARE FEET
a
ACRES
4
0 20 40
I AVCH - 40 FEET
0�
ACCESS EASEMENT
I
(PROPOSED)
t2fi= of
(t0. 2 0-)
50' WIDE EASEMENT
TO COUNTY FOR ROADN
IMPROVEMENTS k UIXI J
O.R. 4437, PAGE 54
10' WDE PUBLIC
U77LITY EASEMENT
O.R. 44.17, PAGE 356
MATCH UNE
SEE SHEET 4
T
V �
S44.4921 "E Q,,
- 7th 4'y.
N 20.71' '�
L =6.88'
R =10.00 Z $ g
d= 3976'23"
CB= S64'32'33 "E
Pc CH =6.75' Ot
S06'21'38 "W
2.3.50' �5
L= 22.80'
R= 33.50'.
d= 39000110"
0= 0479'26 "W
CH= 22.37'
WFST R/W LINE OWEDO— SPRING
HAMMOCK TRAIL (100' R /W)
AND EAST LINE OF 10' WIDE
UTILITY EASEMENT
I
i
SHEET 5 OF 5 (SEE SHEVS I AND 2 FOR DE Wa WON OF $1270 I) �
SKETCH OF DESCRIPTION ONLY. THIS IS NOT A SURVEY.
SKETCH OF DESCRIPTION
—OF—
ACCESS EASEMENT
A PVPAW Or PAR= L
MW A PORMN Ili LVT It MAUP R. KMW QTANT
• S XW 4 T01rV3W Z SCUIN RANG: X EAST
vp
Dewberry
520 SOUTH MAGNOLIA AVENUE
ORLANDO, FLORIDA 32801
PHONE: 321.354.9826 FAx:407.648.9104
CERTIFICATE OF AUTHoRIzATION No. LB 8011
PREPARED FOR:
WISTAWILLA
ALF, LLC
OATS: If/:? 5 REV
F1 m W0765W
OAR. 0D/b1/2I6
MAW Or KNS
SCALE I' - N/A
MGM Or NDD
Prepared by and return to:
City of Winter Springs, Attn: City Manager
1126 East S.R. 434
Winter Springs, FL 32708
"ELECTRONICALLY RECORDED'
Maryanne Morse, Clerk of Circuit Court
Seminole County, FL
Instrument #2016068705 Bk. 8719 Page 1460
E- Recorded 07/05/2016 at 9:02 A.M.
$120.50
Doc Stamps $ .70
PUBLIC UNDERGROUND UTILITYEASEMENT
radePUTLJdMay7f (the "Agreement's is
this , 2016
By: VISTAWILLA ALF, LLC, a Florida limited liability company
Having a mailing address of:
154 N. Ryan Street, Santa Rosa Beach, Florida 32459
(hereinafter called "Grantor") in favor of the CITY OF WINTER SPRINGS,
FLORIDA, a Florida Municipal Corporation, having a mailing address of 1126 East
State Road 434, Winter Springs, FL 32708 ("Grantee's.
WHEREAS, Grantor is the sole owner of certain real property located within the
City of Winter Springs, Seminole County, Florida, and legally described in Exhibit "A"
attached hereto and incorporated herein (the "Grantor Parcel'); and
WHEREAS, Grantor desires to convey an underground utility casement over,
under, and across a portion of its real property, as legally described in Exhibit "B"
attached hereto and incorporated herein (the "Easement Parcel'), for purposes of
allowing Grantee ingress and egress to install, operate and maintain certain underground
utility lines and other incidental appurtenances and accessories related thereto
(collectively, the "Public Utiliticel; and
WHEREAS, Grantor, as fee simple owner of the Easement Parcel, also agrees to
assist Grantee in obtaining any local, state, or federal permits required to maintain the
Public Utilities; and
WHEREAS, Grantor and Grantee believe that this public improvement easement
is in the best interest of the public health, safety, and welfare of the citizens of Winter
Springs and Seminole County.
#905266
NOW, THEREFORE, in consideration of the enumerated public purposes stated
herein, and mutual covenants, terms and conditions and restrictions contained herein,
together with other good and valuable consideration, the receipt and sufficiency of which
is acknowledged, Grantor provides as follows:
1) Recitals. The foregoing recitals are hereby incorporated herein by this reference.
2) Grant of Easement Grantor hereby voluntarily grants and conveys to Grantee,
its successors and assigns, subject to any previous duly recorded easements or
grants of record, an easement to install, operate and maintain certain underground
utility lines and other incidental appurtenances and accessories over, under, and
across the Easement Parcel of the nature and character and to the extent
hereinafter set forth ( "Easement').
3) Purpose of Easement. It is the express purpose of this Easement to provide
Grantee unconditional ingress and egress to operate and maintain the Public
Utilities over, under and from the Easement Parcel for the purposes stated herein.
4) Rh hts of Grantee. To accomplish the purposes stated above, and at Grantee's
expense, the following rights are conveyed the Grantee by this Easement:
a. To use the Easement Parcel for ingress and egress and to construct,
operate, and maintain the Public Utilities under and across the Easement
Parcel for the benefit of the public; and
b. To prevent any activity on or use of the Easement Parcel that is
inconsistent with the purpose of the Easement, and to require the
restoration of areas of features of the Easement Parcel that may be
damaged by an inconsistent activity or use; and
C. To assign all or a portion of its interest under this Easement to any third
party public or private utility for the purposes stated herein; and
d. To cut, trim, and keep clean such trees, brush, and undergrowth that might
hinder or prohibit the use of the Easement Parcel for the purposes stated
herein; and
e. To take any civil action deemed necessary, at the Grantee's sole and
absolute discretion, to protect and preserve the Easement granted
hereunder.
5) Permits. The parties acknowledge that certain local, state, and federal permits
may be required from time to time for purposes of constructing, operating, and
maintaining the Public Utilities referred to herein. Grantor, as fee simple owner
of the Easement Parcel, hereby agrees to allow Grantee, at Grantee's expense, to
make application for said permits and also agrees to join in any said permit (as
2
signatory or otherwise) when required by any permitting agency for issuance of
the permit. Notwithstanding, Grantee shall be solely responsible and liable for
complying with any local, state, or federal permit requirements, obligations, and
duties (if any) related to the construction, operation, and maintenance of the
Public Utilities.
6) Easements Run with the Land. This Easement shall remain a charge against the
Easement Parcel. Therefore, this Easement shall "run with the land" and be
automatically assigned by any deed or other conveyance conveying a portion of
the Easement Parcel relating to this easement, even though conveyance makes no
reference to this Easement as such.
7) Attorney's Fees. In the event it is necessary for either party to bring or maintain
any action, suit or proceeding to enforce or interpret this Agreement, then the
prevailing party in such action, shall, in addition to all other remedies, be entitled to
recover from the losing party all of its costs and expenses, including, but not limited
to, all attorneys' fees, whether such fees are incurred at any pretrial, trial, appellate or
bankruptcy proceedings.
8) Recordation. Grantor shall record this instrument in a timely fashion in the
Official Records of Seminole County, Florida and may re- record it at any time as
may be required to preserve this Easement.
9) Success, rs. The covenants, terns, conditions, rights, and restrictions of this
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 with the Easement Parcel.
10) Grantor's Representations and Warranties. Grantor hereby agrees and makes
the following representations and warranties to Grantee:
a. Grantor is lawfully seized of said Easement Parcel in fee simple and has
full and lawful authority to execute this Easement, convey the Easement to
Grantee, and bind the Easement Parcel as set forth herein.
b. The Easement Parcel is free of any and all encumbrances, except zoning
restrictions and prohibitions and other requirements imposed by
government authority and other encumbrances which are recorded in the
public records of Seminole County, Florida.
C. Grantor shall pay any and all taxes that are levied on the Easement Parcel,
from time to time, as said taxes and assessments come due.
d. Grantor hereby warrants the title to the Easement granted hereunder over,
under, and across the Easement Parcel and will defend the same against
lawful claims of all persons claiming by, through, or under Grantor, but
against none other.
11) Reasonable Use of Easement. The Easement granted hereunder shall be used and
enjoyed by Grantee, its contractors, employees, agents, and representatives in
such a manner so as not to unreasonably interfere with, obstruct or delay the
conduct and operations of the business at any time conducted on the Grantor
Parcel, including, without limitation, public access to and from said business.
12) No Waiver. No waiver of any default of any obligation by any party hereto shall
be implied from any omission by the other party to take any action with respect to
such default.
13) No Agency. Nothing in this Agreement shall be deemed or construed by either
party or by any third person to create the relationship of principal and agent or of
limited or general partners or of joint venturers or of any other association
between the parties.
14) Governing Law. The laws of the State of Florida shall govern the interpretation,
validity, performance, and enforcement of this Agreement.
15) Might to Seek Equitable Relief. Grantor agrees, acknowledges and
recognizes that any breach of this easement by Grantor would result in irreparable
harm to Grantee and the public, and accordingly, Grantor agrees that in addition
to and not in lieu of all legal and equitable remedies available to Grantee by
reason of such breach, Grantee shall be entitled to equitable relief (including,
without limitation, specific performance and injunctive relief) to enjoin the
occurrence and continuation of the breach.
16) Entire Agreement. This Easement constitutes the full and entire agreement
between the parties hereto and supercedes any oral or written prior
communications between the parties related to the subject matter contained in this
Easement. The Easement shall be governed by the laws of Florida.
17) Sovereign Immunity. Nothing contained in this Easement shall be construed as
a waiver of the Grantee's right to sovereign immunity under Section 768.28,
Florida Statutes, or other limitations imposed on the Grantee's potential liability
under state or federal law.
18) Modifications. This Easement shall only be modified by a written instrument
executed by the parties hereto or any successor, assigns heirs, or representatives
thereto.
19) Grantor's Duty of Noninterference. Grantor agrees not to materially interfere
or allow others to materially interfere with Grantee's rights to use the Easement
Parcel as specifically set forth herein. Grantor agrees not to permit or allow the
construction or erection of any building or structure on the Easement Parcel
4
without prior written consent of the Grantee; it being expressly understood and
agreed, however, that this Easement is non - exclusive and that Grantor shall have
the authority to use and to authorize others to use the Easement Parcel in any
manner which is not inconsistent with this Easement, including for the installation
of landscape, hadscape, and pavement.
20) Termination. The parties agree that this Easement is intended to be perpetual.
However, in the event the Grantee determines, at its sole discretion, that it no
longer requires the Easement Parcel for the Public Utilities described herein,
Grantee, at Grantor's written request, agrees to execute an appropriate written
instrument to terminate this easement.
[Signatures appear on the following page]
IN WITNESS WHM -OF. Grantor and Grantee set their respective hands on
the day and year above written.
VISTAWILLA ALF, LLC
By: Rookis Development Company, as
its Man
Richard J. Rookis, as President
I % 1 I
STATE OF FLORID,�y
COUNTY OF 4 ja i tbrJ
The fore omg instrument was acknowledged and sworn to before me this
day of 2016, by Richard J. Rookis, as President of Rookis
Devclopment Co parry, a Florida corporation, as Manager of Vistawilla ALF, LLC, a
Florida limited liability company, on behalf of the company, who is✓is not personally
known to me, or has produced Ala as identification./
OTARY PUBLIC
E0&3x1W1 My � m
f mft
WITNESSES
STATE OF FLORIDA
COUNTY OF SEMINOLE
CITY OF WINTER
By: vin L.
City Manager
The foregoing instrument was acknowledged and sworn to before me this L?—&y
of J la Q , 2016 Kevin L. Smith, City Manager of the City of Winter
Springs Florida who s not personally known to me, or has
produced as identification,
NOTARY PUBLIC
. w
EXHIBIT "A"
LEGAL DESCRIPTION OF GRANTOR PARCEL
The land referred to herein below is situated in the County of Seminole, State of Florida,
and is described as follows:
A portion of Lot 19, Map of the Phillip R. Yonge Grant, as recorded in Plat Book 1,
Pages 35 -38, Public Records of Seminole County, Florida and a portion of Section 5,
Township 21 South, Range 31 East, being more particularly described as follows:
Commence at the Northeast corner of Vistawilla Drive, as recorded in Plat Book 47,
Pages 60 -61, Public Records of Seminole County, Florida, thence along the South right -
of -way line of State Road 434 as recorded in Official Records Book 2301, Page 1486, run
the following three (3) courses, S89 °49'21 "E for a distance of 533.27 feet; thence run
S00 °10'39 "W for a distance of 10.00 feet; thence run S89 °49'21 "E for a distance of
107.63 feet to the point of beginning; thence continue along said South right -of -way line
the following two (2) courses: run S89 °49'21 "E for a distance of 401.73 feet; thence run
S79 °28'18 "E for a distance of 20.20 feet to the West right -of -way line of Black
Hammock Branch Seaboard Coast Line Railroad (now known as Oviedo - Spring
Hammock Trail); thence departing said South right -of -way line of State Road 434 run
S06 °21'38 "W along said West right -of -way line a distance of 436.23 feet to the North
line of Eagles Watch Phase Two as recorded in Plat Book 50, Pages 20 -21, Public
Records of Seminole County, Florida; thence departing said West right -of -way line run
along said North line N89 °32'22 "W for a distance of 250.53 feet to a point on the West
line of a 25 foot wide public utility Easement per Official Records Book 3424, Page 668
and Official Records Book 4029, Page 359, Public Records of Seminole County, Florida;
thence run N00 °27'38 "E along said West line, a distance of 151.04 feet to the North line
of lands described in Official Records Book 3424, Page 651; thence along said North line
run N89 °3548 "W for a distance of 124.21 feet; thence departing said North line run
N00 °03'05 "E for a distance of 284.56 feet to the point of beginning.
EXHIBIT "B"
LEGAL DESCRIPTION OF EASEMENT PARCEL
A PORI70M OF LOT 19, MAP OF THE PHILUP R YONGE GRANT, AS RECORDED IN PLAT BOOK 1, PAGES 35 -38, OF THE
PUBUC RECORDS OF SEMINOLE COUNTY, FLORIDA AND A PORTION OF SEC77ON 5, TOWNSHIP 21 SOUTH, RANGE 31 EAST,
BEING MORE PAR 71CULARLY DESCRIBED AS FOLLOWS:•
COMMENCE AT THE NORTHEAST CORNER OF VISTAWILLA DRIVE, AS RECORDED IN PLAT BOOK 47, PAGES 60 -61, PUBLIC
RECORDS OF SEMINOLE COUNTY. FLORIDA; THENCE ALONG THE SOUTH RIGHT- OF-WAY LINE OF STATE ROAD 434 AS
RECORDED IN OFFICIAL RECORDS BOOK 2301, PAGE 1486 OF SAID PUBLIC RECORDS THE FOLLOWING THREE (3) COURSES.•
S89 49'21 "£, A DISTANCE OF 533.27 FEET, THENCE RUN S0070'39'W, A DISTANCE OF 10.00 FEET; THENCE RUN
S89 49'21 "E, A DISTANCE OF 107.63 FEET, THENCE DEPARTING SAID SOUTHERLY RIGHT OF WAY LINE RUN S00173'05"W, A
DISTANCE OF 160.04 FEET TO THE POINT OF BEGINNING; THENCE 589-4921-E, A DISTANCE OF 12.67 FEET TO 7HE POINT
OF CURVATURE OF A CURVE CONCAVE NORTHWESTERLY, HAVING A RADIUS OF 5.00 FEET, A CENTRAL ANGLE OF
901001001; A CHORD BEARING OF N457O'39 "f AND A CHORD DISTANCE OF 707 FEET • THENCE NORTHEASTERLY ALONG
THE ARC OF SAID CURVE A DISTANCE OF 7.85 FEET TO THE END OF SAID CURVE, • THENCE N0070'39 "E, A DISTANCE OF
56002 FEET TO THE POINT OF CURVATURE OF A CURVE CONCAVE SOU7HEASTIERLY, HAVING A RADIUS OF 5300 FEET, A
CENTRAL ANGLE OF 895945 ", A CHORD BEARING OF N4570'31 "E AND A CHORD DISTANCE OF 74.95 FEET, THENCE
NORTHEASTERLY ALONG THE ARC OF SAID CURVE A DISTANCE OF 83.25 FEET TO THE END OF SAID CURVE; THENCE
S8949'36'E, A DISTANCE OF 171.58 FEET TO THE POINT OF CURVATURE OF A CURVE CONCAVE NORTHWESTERLY, HAVING
A RADIUS OF 24.00 FEET, A CENTRAL ANGLE OF 8959460, A CHORD BEARING OF N4570'32'E AND A CHORD DISTANCE
OF 3.194 FEET, THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE A DISTANCE OF 3770 FEET TO THE END OF
SAID CURVE; 7HENCE N0070'39'E, A DISTANCE OF 15.92 FEET TO THE POINT OF CURVATURE OF A CURVE CONCAVE
WESTERLY, HAVING A RADIUS OF 5.00 FEET A CENTRAL ANGLE OF 38105'24 , A CHORD BEARING OF N1852'03'W AND A
CHORD DISTANCE OF 3.26 FEET, THENCE NORTHERLY ALONG THE ARC OF SAID CURVE A DISTANCE OF 3.32 FEET TO 7HE
END OF SAID CURVE AND THE SOUTHERLY RIGHT OF WAY LINE OF STATE ROAD 434; THENCE RUN S6949 -21 "E ALONG
SAID SOU7HERLY RIGHT OF WAY LINE, A DISTANCE OF 56.61 FEET TO A POINT ON A NON - TANGENT CURVE,
(CON77NUED ON SHEET 2)
SURVEY NOTES.•
I. BEARINGS SHOWN HEREON ARE ASSUMED AND BASED
ON 7HE SOUTHERLY RIGHT OF WAY LINE OF STATE
ROAD 434, AS BEING S89 4921 "E.
2. LANDS SHOWN HEREON WERE NOT ABSTRACTED FOR
RIGHTS —OF —WAY, EASSIENTS, OWNERSHIP,
ADJOINERS OR OTHER INSTRUMENTS OF RECORD.
3. THIS SKETCH MEETS THE APPLICABLE 'STANDARDS 02/24/2016
WLUAM D. DONLEY DA 7F
OF PRAC77CEN AS SET FORTH BY THE FLORIDA PROFESSIONAL SURVEYOR 8 MA04
BOARD OF PROFESSIONAL SURVEYORS AND MAPPERS LlWiSE NUMBER LS 5381
IN RULE 5J17.050 -.052, FLORIDA ADMIN157RA77W NOT VALID wmovT 1HE SK.9wnar AND 1NE L1 ON& RAISED SEAL OF A
CODE FIDWA UCENSED SURVEYOR AND NAPPER
4. THIS IS NOT A BOUNDARY SURVEY.
SHEET 1 OF 5 (5tr SF07 3 AND 4 FOR SIMIN aF OE3tiPl 177)
SKETCH OF DESCRIPTION ONLY. THIS IS NOT A SURVEY.
SKETCH OF DESCRIPTION
-OF-
U11LlTY EASEMENT
A PORMW OF PAR= $
OEM A Pa m W LDT 1A PPAIti R mw cRANf
i srcvaV A 10WW 27 5WH4 RANGE Jt EUT
Vp Dewberry
520 SOUTH MAGNOLIA AVENUE
ORLANDO, FLORIDA 32801
PHONE: 321.354.9826 FAX- 407.648.9104
WWW,DEWBERRY.COM
CERTIFICATE OF AUTHORIZATION N0. LB 8011
PREPARED FOR:
WSTAWLLA
ALF, LLC
CAM 11^45 REV
PRAk 50076506
AA10 05/051116
MAW ft WS
SCALE 1' - N/A
CHECKED IM MOD
LEGAL DESCRIPTION. (CONTINUED FROM SHEET 1)
CONCAVE EASTERLY, HAVING A RADIUS OF 5.55 FEET, A CENTRAL ANGLE OF 35*54'16", A CHORD BEARING OF
51770'59 "W AND A CHORD DISTANCE OF 3.42 FEET, THENCE RUN SOUTHERLY ALONG THE ARC OF SAID CURVE A
DISTANCE OF 3.48 FEET TO THE POINT OF TANGENCY • 7HENCE S0070'39'W, A DISTANCE OF 14.73 FEET TO 7HE POINT
OF CURVATURE OF A CURVE CONCAVE NORTHEASTERLY, HAVING A RADIUS OF 26.00 FEET, A CENTRAL ANGLE OF
90170'00 ; A CHORD BEARING OF S44 49 21 "E AND A CHORD DISTANCE OF 36 77 FEET, THENCE SOUTHEASTERLY ALONG
THE ARC OF SAID CURVE A DISTANCE OF 4084 FEET TO 7HE POINT OF TANGENCY • THENCE S89 49'21 "E, A DISTANCE OF
70.10 FEET TO A POINT ON THE WEST RIGHT OF WAY LINE OF OWEDO- SPRING HAMMOCK TRAIL, AS RECORDED IN
OFFICIAL RECORDS BOOK 3177 PAGE 632 OF SAID PUBLIC RECORDS, THENCE S0671'38 0W ALONG SAID WEST RIGHT OF
WAY LINE, A DISTANCE OF 31.51 FEET, THENCE DEPARTING SAID WEST RIGHT OF WAY LINE RUN N89 4921 "W, A DISTANCE
OF 7.03 FEET TO 7HE POINT OF CURVATURE OF A CURVE CONCAVE NORTHERLY, HAVING A RADIUS OF 71.00 FEET, A
CENTRAL ANGLE OF 0626'34'.' A CHORD BEARING OF N8636'04 "W AND A CHORD DISTANCE OF 7.98 FEET, 7HENCE
WESTERLY ALONG 7HE ARC OF SAID CURVE A DISTANCE OF 7.98 FEET TO 7HE PANT OF REVERSE CURVATURE OF A
CURVE CONCAVE SOUTHEAS7ERLY, HAVING A RADIUS OF 9.00 FEET, A CENTRAL ANGLE OF 934223; A CHORD BEARING
OF S49461010W AND A CHORD DISTANCE OF 1113 FEET; THENCE SOUTHWESTERLY ALONG 7HE ARC OF SAID CURVE A
DISTANCE OF 14.72 FEET TO THE END OF SAID CURVE; THENCE S05'41'48 "W, A DISTANCE OF 126.84 FEET, THENCE
S4449'21 "£, A DISTANCE OF 20.71 FEET TO 7HE POINT OF CURVATURE OF A CURVE CONCAVE NORTHEASTERLY, HAVING
A RADIUS OF 10.00 FEET, A CENTRAL ANGLE OF J926'23", A CHORD BEARING OF 56432'33'E AND A CHORD DISTANCE
OF 6.75 FEET; 7HENGE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE A DISTANCE OF 6.86 FEET TO A POINT ON THE
SAID WEST RIGHT OF WAY LINE OF ONEDO- SPRING HAMMOCK TRAIL, ]HENCE $0671'36'W ALONG SAID WEST RIGHT OF
WAY LINE, A DISTANCE OF 23.50 FEET TO A POINT ON A NON - TANGENT CURVE, CONCAVE NORTHEASTERLY, HAVING A
RADIUS OF 33.50 FEET, A CENTRAL ANGLE OF 39VO'10 ; A CHORD BEARING OF N647926'W AND A CHORD DISTANCE OF
2237 FEET,• THENCE DEPARTING SAID WEST RIGHT OF WAY LINE RUN NORTHWESTERLY ALONG THE ARC OF SAID CURVE A
DISTANCE OF 22.80 FEET TO 7HE POINT OF TANGENCY • 7HENCE N44 49'21 "W, A DISTANCE OF 32.61 FEET 7HENCE
NO671'381E, A DISTANCE OF 59.49 FEET; THENCE N0073'04 "E, A DISTANCE OF 80.70 FEET TO A POINT ON A
NON - TANGENT CURVE, CONCAVE SOUTHWESTERLY, HAVING A RADIUS OF 10.00 FEET, A CEN7RAL ANGLE OF 90W'00, A
CHORD BEARING OF N44 49 21 "W AND A CHORD DISTANCE OF 14.14 FEET, THENCE N0R7HWES7ERL Y ALONG THE ARC OF
SAID CURVE A DISTANCE OF 15.71 FEET 70 7HE END OF SAID CURVE, THENCE N89'4921'W, A DISTANCE OF 269.05 FEET
TO A POINT ON A NON - TANGENT CURVE, CONCAVE SOU7HEAS7ERLY, HAVING A RADIUS OF 37.12 FEET A CEN7RAL
ANGLE OF 8937'50; A CHORD BEARING OF S4570'39 "W AND A CHORD DISTANCE OF 52.33 FEET. THENCE
SOUTHWESTERLY ALONG THE ARC OF SAID CURVE A DISTANCE OF 58.07 FEET TO THE END OF SAID CURVE, 7HENCE
SOO70'39'W, A DISTANCE OF 116.01 FEET TO THE POINT OF CURVATURE OF A CURVE CONCAVE NORTHEASTERLY, HAVING
A RADIUS OF 1000 FEET, A CENTRAL ANGLE OF 6675'19: A CHORD BEARING OF S33'02'00'E AND A CHORD DISTANCE
OF 10.95 FEE T,• THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE A DISTANCE OF 11.59 FEET TO THE POINT OF
TANGENCY; THENCE 50070'39 "W, A DISTANCE OF 24.83 FEET; THENCE N89 4921 "W, A DISTANCE OF 47.45 FEET; THENCE
N00W105 0E, A DISTANCE OF 97.98 FEET TO THE POINT OF BEGINNING
CONTAINING. 23,213 SQUARE FEET OR 0.542 ACRES. MORE OR LESS.
SHEET 2 OF 5 (SEE AIM 3 AND 4 FOR SOW OF
SKETCH OF DESCRIPTION ONLY. THIS IS NOT A SURVEY.
SKETCH OF DESCRIPTION
PREPARED FOR:
-OF-
vs Dewberry
UTILITY EASEMENT
WISTAWILLA ALF, LLC
620 SouTH MAGNoUA AVENUE
ORLANDO. FLORIDA 32801
PHONE: 321.354.9826 FAX:407.648.9104
A FARMN 9r PAR= A
WWW.DEWBMY.COM
S WV A YON45W n SWO44 "qW X �T
CERTIFICATE OF AuTHORITATION NO. LB 8011
DA 1r; 11124,45 Rf'Y ARAB 3IXt76505
GA 1E 0510512JB DRAW Or /GIGS
SEMINOLE COUNTY FLORIDA
SCALE I' - N/A ME= BY: NDD
POINT OF �MMtM0VT
(P.B. 47, PAGES 60 -61)
�SOUTHERLY RIGHT- OF-WAY UN£
(O.R. 2301, PAGE 1486)
///111 S89 49 21'E 533.27' STATE ROAD 4434
50070'39'W 10.00" WAW WIH IIIW -tom IMY
AIWT D- kAMP SECIXW 71D70 -M
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(OR 2301, PG 1486) J
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d= 89'37'50" o
CB= S4570'39 "W
CH= 52.33'
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NOT PLATTED J
1
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L= 11.59'
R= 10.00'
- d=6625'19"
C8= S3JV2'00 "E
CH= f0.95' -
-- S00 70'39 "W
24.83'
I
LEGEND:
—� LINE BREAK
POC POINT ON A CURVE
PC POINT OF CURVATURE
PRC POINT OF REVERSE CURVA
PT PONT OF TANGENCY
PNT POINT OF NON TANGENCY WAY
R OR OFFICIALS RECORDS DOW
P8 PLAT BOOK!
PC PAGE
L LENGTH
R RADIUS
A CENTRAL ANGLE
CS CHORD BEARING
CH CHORD LENGTH
21 SQUARE FEET
ee ACRES
CURVE TABLE
CURVE LENGTH RADIUS DEL TA I CHORD I BEARING
Cl 785' 500 90710'00' 1 707' N4570 -39 -E
OF SHEET 3 OF 5
OF DESCRIPTION ONLY. THIS IS
SKETCH OF DESCRIPTION
—OF-
UI1UTY EASEMENT
A PWMM OF PAR= $
MW A MEOW VF LOT 14 AV" R 1ON:F mmr
t SM101 A 70IW9lP 21 MUM RANGE X EAST
�► Dewberry
520 SOUTH MAGNoLIA AVENUE
ORLANDO, FLORIDA 32601
PHONE 321.354.9826 Fm 407.848.0104
WWW.DEWBERRY.COM
CERTIFICATE OF AUTHORIZATION No. LS 8011
(SEE SINEIS I AAV 2 FOR DUSa7isPRaN OF
PREPARED FOR.
WlSTAWILLA ALF, LLC
A4D-' 111WAS REV PRIM WO '76W
DAM- URI/b@I/71d DRAW IM KW
SCALf 1' — N/A ChIVM B1" NW
L= 11.59'
R= 10.00'
- d=6625'19"
C8= S3JV2'00 "E
CH= f0.95' -
-- S00 70'39 "W
24.83'
I
LEGEND:
—� LINE BREAK
POC POINT ON A CURVE
PC POINT OF CURVATURE
PRC POINT OF REVERSE CURVA
PT PONT OF TANGENCY
PNT POINT OF NON TANGENCY WAY
R OR OFFICIALS RECORDS DOW
P8 PLAT BOOK!
PC PAGE
L LENGTH
R RADIUS
A CENTRAL ANGLE
CS CHORD BEARING
CH CHORD LENGTH
21 SQUARE FEET
ee ACRES
CURVE TABLE
CURVE LENGTH RADIUS DEL TA I CHORD I BEARING
Cl 785' 500 90710'00' 1 707' N4570 -39 -E
OF SHEET 3 OF 5
OF DESCRIPTION ONLY. THIS IS
SKETCH OF DESCRIPTION
—OF-
UI1UTY EASEMENT
A PWMM OF PAR= $
MW A MEOW VF LOT 14 AV" R 1ON:F mmr
t SM101 A 70IW9lP 21 MUM RANGE X EAST
�► Dewberry
520 SOUTH MAGNoLIA AVENUE
ORLANDO, FLORIDA 32601
PHONE 321.354.9826 Fm 407.848.0104
WWW.DEWBERRY.COM
CERTIFICATE OF AUTHORIZATION No. LS 8011
(SEE SINEIS I AAV 2 FOR DUSa7isPRaN OF
PREPARED FOR.
WlSTAWILLA ALF, LLC
A4D-' 111WAS REV PRIM WO '76W
DAM- URI/b@I/71d DRAW IM KW
SCALf 1' — N/A ChIVM B1" NW
CURVE TABLE
CURVE LENGTH RADIUS DEL TA I CHORD I BEARING
Cl 785' 500 90710'00' 1 707' N4570 -39 -E
OF SHEET 3 OF 5
OF DESCRIPTION ONLY. THIS IS
SKETCH OF DESCRIPTION
—OF-
UI1UTY EASEMENT
A PWMM OF PAR= $
MW A MEOW VF LOT 14 AV" R 1ON:F mmr
t SM101 A 70IW9lP 21 MUM RANGE X EAST
�► Dewberry
520 SOUTH MAGNoLIA AVENUE
ORLANDO, FLORIDA 32601
PHONE 321.354.9826 Fm 407.848.0104
WWW.DEWBERRY.COM
CERTIFICATE OF AUTHORIZATION No. LS 8011
(SEE SINEIS I AAV 2 FOR DUSa7isPRaN OF
PREPARED FOR.
WlSTAWILLA ALF, LLC
A4D-' 111WAS REV PRIM WO '76W
DAM- URI/b@I/71d DRAW IM KW
SCALf 1' — N/A ChIVM B1" NW
OF SHEET 3 OF 5
OF DESCRIPTION ONLY. THIS IS
SKETCH OF DESCRIPTION
—OF-
UI1UTY EASEMENT
A PWMM OF PAR= $
MW A MEOW VF LOT 14 AV" R 1ON:F mmr
t SM101 A 70IW9lP 21 MUM RANGE X EAST
�► Dewberry
520 SOUTH MAGNoLIA AVENUE
ORLANDO, FLORIDA 32601
PHONE 321.354.9826 Fm 407.848.0104
WWW.DEWBERRY.COM
CERTIFICATE OF AUTHORIZATION No. LS 8011
(SEE SINEIS I AAV 2 FOR DUSa7isPRaN OF
PREPARED FOR.
WlSTAWILLA ALF, LLC
A4D-' 111WAS REV PRIM WO '76W
DAM- URI/b@I/71d DRAW IM KW
SCALf 1' — N/A ChIVM B1" NW
LEGEND:
—�-- LINE BREAK
POC
POINT ON A CURVE
PC
POINT OF CURVATURE
PRC
POINT OF REVERSE CURVATURE
PT
POINT OF TANGENCY
ROR
89;59'46'
3194
WICIAL RECORDS BOOK
PB
PLAT BOOK
PG
PAGE
L
LENGTH
R
RADIUS
A
CENTRAL ANGLE
co
CHORD BEARING
CH
CHORD LENGTH
d
SQUARE FEET
cc
ACRES
o
CHANGE fN DIRECTION
PERPETUAL DRAINAGE
EASEMENT (PARCEL 600)
OR 2747, PG 496
EASEMENT TO COUNTY FOR ROADWAY
IMPROVEMENTS & U77tl nES STA TE ROAD 434
OR 4437, PG 54 VARIABLE WDTN AWNT - -OF -WAY
(BEARING BASIS) RIOT-OF- WAY MAP SECMW n070 -2517
S89'49'21 It SOUTHERLY RIGHT- OF-WAY LINE 20 ry
_ _\\ PNT 56.61' PNT (OR 2301, PC 1486)
N a'f0'39 E C3 Pc Pr G4 - - --
1 - 40 FEET
15.92' SOO70'39 "W 14.73' WEST R/W LINE
PT PC OWIEDO- SPRING
HAMMOCK TRAIL
2 In S89 *49'36 E CiS S89'49'21 "E allop o EVE NE
G /
PC — —/ PT 70.10 >Q- UTILI CASEMENT
unurr EASENr #�Q�2'
(PROPOSED) PT t )
I N89'49'21 "W 269 Q5' O
�� Pc C6 h p
1
ACCESS EASEMENT
(PARCEL 808)
OR 2286, PC 374
OR 2299, PC 984
EASEMENT TO COUNTY
FOR ROADWAY
IMPROWMEN75 do U77LI77ES
OR 4437, PC 54
NOT PIA TIED
L= 15.71'
R =10.00'`
d=907D0'00"-
W=IV44'49'21 "W
CH- 14.14'
CURVE TABLE
CURVE
LENGTH
RADIUS
DELTA
CHORD
BEARING
C2
37.70'
2400
89;59'46'
3194
N4570.32-E
C3
.132'
500
38475'24'
3.26'
NIB5203 -W
C4
.148'
5.55
3534'16'
3.42'
S177059 -W
C5
40.84'
26.00
90470'00'
36.77'
S4449 '21
C6
798'
71.00
0676'34'
7.98'
N861216104'W
C7
14.72'
ROO
9342'23'
1,113'
S4946'01'W
SKETCH OF DESCRIP
SKETCH OF DESCRIPTION
-OF-
UTIUTY EASEMENT
A MRAQV OF PAR= Z
ADM A PQRWN OF LOT It P1,,LP R YOMM GRANT
f SMON A TON"SW 21 SUM RAAW JI FAST
141
O
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4 �
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SEE SHEET 5
0
W
s►
SHEET 4 OF 5
(sEr 961s T AMD z FOR DEAN OF }
ONLY. THIS IS
fp"k Dewberry
520 SOUTH MAGNOLIA AVENUE
ORLANDO, FLORIDA 32601
PHONE: 321.364.9826 FAX 407.648.9104
WWW.DEMERRY.COM
CERTIFICATE OF AUTHORIZATION N0. LB 8011
A
PREPARED FOR.
WSTA INUA ALF, LLC
DAZE.• 11124//5 REV AWt 50076506
VA M- 8ll/W/218 DRAW BT` AWS
SCALE 1' - N/A CHEMED BY MOD
\
j
CL
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�.
Q �g
W
o�
o`O
Q
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MATCH LINE C�
SEE SHEET 5
0
W
s►
SHEET 4 OF 5
(sEr 961s T AMD z FOR DEAN OF }
ONLY. THIS IS
fp"k Dewberry
520 SOUTH MAGNOLIA AVENUE
ORLANDO, FLORIDA 32601
PHONE: 321.364.9826 FAX 407.648.9104
WWW.DEMERRY.COM
CERTIFICATE OF AUTHORIZATION N0. LB 8011
A
PREPARED FOR.
WSTA INUA ALF, LLC
DAZE.• 11124//5 REV AWt 50076506
VA M- 8ll/W/218 DRAW BT` AWS
SCALE 1' - N/A CHEMED BY MOD
LEGEND:
--- — LINE BREAK
POC
POINT ON A CURVE
PC
POINT OF CURVATURE
PRC
POINT OF REVERSE CURVATURE
PT
POINT OF TANGENCY
R1*
WFIECORIIS
OR
OFFICIAL BOOK
PC
BOOK
AT
L
LENGTH
A
GENR TIM ANGLE
CS
CHORD BEARING
CH
CHORD LENGTH
st
SQUARE FEET
oc
ACRES
o
CHANGE IN DIRECTION
4
0 20 40
1 P CH . 40 FEET
U77LITY EASEMENT
(PROOMD)
.*2 2I3 sf
(**542 ac.)
2 I
MATCH LINE
SEE SHEET 4
T
l3
FS44*49'21*E
50' WIDE EASEMENT
TO COUNTY FOR ROADWAY �y
IMPROVEMENTS & UTILITIES
O.R. 4437, PACE 54
L= 22.80'
R= 33.50'_
d= 39770'10 " -
CB= N647926 "W
10' WIDE PUBLIC CH= 22.37'
UTILITY EASEMENT
O.R. 4497, PAGE 356
N 20.71'
L =6.88'
R =10.00
A3976'23"
PC CB= S64'32'33 "E
CH =6.75'
r S0621'38 "W
23.50
V
O
O W o
z��U
4 ~
LQ&
RC
O
O
I NFST R/W LINE OWEDO— SPRING
j HAMMOCK TRAIL (100' R /W)
AND EAST LINE OF f0' WIDE
UTILITY EASEMENT
I_ SHEET 5 OF 5 W sffN I AND 2 MW 0E3pWZI N Or .V,u
SKETCH OF DESCRIPTION ONLY. THIS IS NOT A SURVEY_
SKETCH OF DESCRIPTON
-OF-
UPILITY EASEMENT
A POPNTW Or PARCEL 2
MOW A P RmN or LOT Eq PHILIP R mcr GRANT
& SECM 4 TWINSW 21 SOU/14 RANGE JI EAST
Dewberry
520 SOUTH MAGNOLIA AVENUE
ORLANDO, Flown► 32801
PHONE 321.354.9826 FAx:407.648.9104
WWW.DEWBERRY.COM
CERTIFICATE OF AUTHORIZATION N0. LB 8011
PREPARED FOR:
WISTAWILLA ALF, LLC
DATE It/W,45 REV PRO& Wo7am
DATE Gtf/09/216 WAM BY.` IW
SCALE I• - N/A cfar D BY: NOD