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HomeMy WebLinkAboutPublic Sanitary Sewer Easement Amendment - 2019 05 22 Grant Maloy, Clerk Of The Circuit Court&Comptroller Seminole County, FL Inst#2019055762 Book:9361 Page:1419-1425; (7 PAGES)RCD: 512812019 11:01:37 AM REC FEE$61.00 Return to: Cross Reference: City of Winter Springs,Attn:City Manager Instrument No. 2018078431 1126 East S.R.434 Book 9168.Page 1467 Winter Springs,FL 32708 Seminole County,Florida Official Records AMENDMENT TO PUBLIC SANITARY SEWER EASEMENT THIS AMENDMENT TO PUBLIC SANITARY SEWER EASEMENT (this "Amendment") is made this 2-2—_ day of McLq , 2019, by and between DFC SEMINOLE CROSSING, LLC, a Florida li ited liability company, having a mailing address of 14701 Philips Highway, Suite 300, Jacksonville, FL 32256 (hereinafter called "Grantor"), and 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"). WITNESSETH WHEREAS, Winter Springs Holdings, Inc., a Delaware corporation (hereinafter called "Winter Springs"), as "grantor," and Grantee, as "grantee," previously entered into that certain Public Sanitary Sewer Easement dated as of July 2, 2018,recorded July 9, 2018 as Instrument No. 2018078431 in Book 9168, Page 1467 of the Seminole County, Florida Official Records (the "Agreement'). WHEREAS, Winter Springs subsequently conveyed to Tuskawilla Retail Partners, LLC, a Florida limited liability company("Tuskawilla"),the Grantor Parcel,which included the entirety of the Easement Parcel, pursuant to that certain Special Warranty Deed dated as of July 2, 2018, recorded July 9, 2018 as Instrument No. 2018078434 in Book 9168, Page 1489 of the Seminole County, Florida Official Records. WHEREAS, Tuskawilla then conveyed to Grantor the Grantor Parcel, which included the entirety of the Easement Parcel,pursuant to that certain Special Warranty Deed dated as of July 2, 2018, recorded July 9, 2018 as Instrument No. 2018078440 in Book 9168, Page 1546 of the Seminole County, Florida Official Records. WHEREAS, Grantee and Grantor, as fee simple owner of the Grantor Parcel and the Easement Parcel, now desire to amend the Agreement on the terms more particularly set forth herein. 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,the parties agree as follows: 1 Book 9361 Page 1420 Instrument#2019055762 1) Recitals; Defined Terms. The foregoing recitals are hereby incorporated herein by this reference. All capitalized terms used but not defined herein shall have the meanings ascribed to such terms in the Agreement. 2) Easement Area. The depiction and description of the Easement Area as shown on Exhibit "B" attached to the Agreement is hereby deleted in its entirety and replaced with the depiction and description of the Easement Area as shown on Exhibit`B" attached hereto and incorporated herein. 3) Counterparts. The parties may execute this Amendment in any number of counterparts, each of which shall be deemed an original and all of which taken together shall constitute a single agreement. 4) Governing Law. This Amendment shall be governed by the laws of the State of Florida. 5) 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. 6) Amendment;Ratification. The provisions of this Amendment supersede any and all other communications among the parties concerning the subject matter hereof,and constitute the sole and entire agreement among the parties with respect to such subject matter. Except as expressly modified and amended herein,the Agreement shall remain in full force and effect and, as modified and amended herein, is expressly ratified and confirmed by the parties hereto. [Signatures appear on the following page] 2 Book 9361 Page 1421 Instrument#2019055762 IN WITNESS WHEREOF, Grantor and Grantee set their respective hands on the day and year above written. GRANTOR: DFC SEMINOLE CROSSING, LLC, a Florida limited liability company WITNE SES: 't c � t By. Print Name: �, . x�ter, Named c. /sic Title: STATE OF. ��� COUNTY O N. The foregoing instrume was acknowledged and sworn to efore me this / -/qday of a 2019, by / C as the of DFC Se ' ole Crossing, LLC, a Florid invited liability company, o is/' �t persona y no �to me, or has produced as identification. LINDAJAYNE RICHARDSON NOTAR „• % Commission#GG 105803 Ex ires June 3,2021 p Bonded Thru Troy Filn Insurenro 800-385-700 3 Book 9361 Page 1422 Instrument#2019055762 GRANTEE: WITNESSES CITY OF WINTER--SPRINGS Print Name Q r,,0,/v1 �f�4�� �'6 By: Shawn Bo Interim City a ager �I Print Name 2m�, r, I STATE OF FLORIDA COUNTY OF SEMINOLE The foregoing instrument was acknowledged and sworn to before me this day of mav , 2019 by Shawn Boyle, Interim City Manager of the City of Winter Springs Florida who is is not personally known to me, or has produced as identification. RNOTARY PUBLIC CASEY NICOLE CAZF AN Y f Notary Public State loridaCommission#GG 3477 or ° My Comm.Expires May 8.2023 Bonded through National Notary Assn. 4 Book 9361 Page 1423 Instrument#2019055762 EXHIBIT`B" Page 1 of 3 LEGAL DESCRIPTION OF EASEMENT PARCEL A PORTION OF LOT 7,BLOCK"A",D.R.MITCHELL'S SURVEY OF THE LEVY GRANT ON LAKE JESSUP, SAID LANDS LYING IN SECTION 6,TOWNSHIP 21 SOUTH,RANGE 31 EAST,ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 1,PAGE 5,OF THE PUBLIC RECORDS OF SEMINOLE COUNTY,FLORIDA; BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE INTERSECTION OF THE SOUTHERLY LINE OF ACQUISITION PARCEL B (THE RAILS TO TRAILS CORRIDOR)AS DESCRIBED IN OFFICIAL RECORDS BOOK 4092,PAGE 0164, PUBLIC RECORDS OF SEMINOLE COUNTY,FLORIDA AND THE WESTERLY RIGHT OF WAY OF MICHAEL BLAKE BOULEVARD AS DESCRIBED IN OFFICIAL RECORD BOOK 7486,PAGE 138,PUBLIC RECORDS OF SEMINOLE COUNTY,FLORIDA;THENCE RUN S77°43'04"E ALONG SAID SOUTHERLY LINE AND THE NORTHERLY LIMIT OF THE AFORESAID MICHAEL BLAKE BOULEVARD,A DISTANCE OF 31.52 FEET;THENCE CONTINUING ALONG SAID SOUTHERLY LINE AND NORTHERLY LIMIT RUN S46"]3'52"E A DISTANCE OF 32.61 FEET TO A POINT ON THE EASTERLY RIGHT OF WAY OF THE AFORESAID MICHAEL BLAKE BOULEVARD AND THE BEGINNING OF A NON-TANGENT CURVE CONCAVE SOUTHEASTERLY HAVING A RADIUS OF 944.00 FEET AND CORD BEARING OF S40°13'29"W;THENCE DEPARTING SAID SOUTHERLY LINE,FROM A TANGENT BEARING OF S42°18'52"W RUN SOUTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 4°10'46"A DISTANCE OF 68.86 FEET FOR A POINT OF BEGINNING;THENCE CONTINUING ALONG SAID EASTERLY RIGHT OF WAY RUN SOUTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 2°51']1"A DISTANCE OF 47.00 FEET;THENCE DEPARTING SAID CURVE AND EASTERLY RIGHT OF WAY RUN S52°50'51"E A DISTANCE OF 41.59 FEET;THENCE RUN N37°09'09"E A DISTANCE OF 47.00 FEET:THENCE RUN N52°50'51"W A DISTANCE OF 41.95 FEET TO THE POINT OF BEGINNING. CONTAINING THEREIN 1970 SQUARE FEET MORE OR LESS. 5 Book 9361 Page 1424 Instrument#2019055762 EXHIBIT"B" Page 2 of 3 LEGAL DESCRIPTION LIFT STATION EASMENT A PORTION OF LOT 7, BLOCK"A", D.R. MITCHELL'S SURVEY OF THE LEVY GRANT ON LAKE JESSUP, SAID LANDS LYING IN SECTION 6, TOWNSHIP 21 SOUTH, RANGE 31 EAST, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 1, PAGE 5, OF THE PUBLIC RECORDS OF SEMINOLE COUNTY, FLORIDA; BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE INTERSECTION OF THE SOUTHERLY LINE OF ACQUISITION PARCEL B (THE RAILS TO TRAILS CORRIDOR) AS DESCRIBED IN OFFICIAL RECORDS BOOK 4092, PAGE 0164, PUBLIC RECORDS OF SEMINOLE COUNTY, FLORIDA AND THE WESTERLY RIGHT OF WAY OF MICHAEL BLAKE BOULEVARD AS DESCRIBED IN OFFICIAL RECORD BOOK 7486, PAGE 138, PUBLIC RECORDS OF SEMINOLE COUNTY, FLORIDA;THENCE RUN S77043'04"E ALONG SAID SOUTHERLY LINE AND THE NORTHERLY LIMIT OF THE AFORESAID MICHAEL BLAKE BOULEVARD,A DISTANCE OF 31.52 FEET; THENCE CONTINUING ALONG SAID SOUTHERLY LINE AND NORTHERLY LIMIT RUN 546913'52"E A DISTANCE OF 32.61 FEET TO A POINT ON THE EASTERLY RIGHT OF WAY OF THE AFORESAID MICHAEL BLAKE BOULEVARD AND THE BEGINNING OF A NON-TANGENT CURVE CONCAVE SOUTHEASTERLY HAVING A RADIUS OF 944.00 FEET AND CORD BEARING OF S40913129"W;THENCE DEPARTING SAID SOUTHERLY LINE, FROM A TANGENT BEARING OF 542118'52"W RUN SOUTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 4910'46" A DISTANCE OF 68.86 FEET FOR A POINT OF BEGINNING; THENCE CONTINUING ALONG SAID EASTERLY RIGHT OF WAY RUN SOUTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 2951'11" A DISTANCE OF 47.00 FEET; THENCE DEPARTING SAID CURVE AND EASTERLY RIGHT OF WAY RUN 552°50'51"E A DISTANCE OF 41.59 FEET;THENCE RUN N37909'09"E A DISTANCE OF 47.00 FEET: THENCE RUN N52950'51"W A DISTANCE OF 41.95 FEET TO THE POINT OF BEGINNING. CONTAINING THEREIN 1970 SQUARE FEET MORE OR LESS. LEGEND C1 = REFERENCE TO CURVE TABLE CB =CHORD BEARING CH =CHORD CURVE TABLE: INC. =INCORPORATED LB = LICENSED BUSINESS C1: R= 944.00 Delta= 2°51'11"Arc= 47.00 CB= S36°42'31"W CH= 47.00 No. = NUMBER C2: R= 944.00 Delta= 4°10'46"Arc= 68.86 CB= S40'13'29"W CH= 66.84 O.R.B =OFFICIAL RECORDS BOOK NOTE:ALL DISTANCES ARE EXPRESSED IN FEET: PB = PLAT BOOK PG-PG5 = PAGE(S) GENERAL NOTES' POB = POINT OF BEGINNING 1. BEARINGS SHOWN ARE BASED ON THE NORTHERLY LIMITS OF MICHAEL POC = POINT OF COMENCEMENT BLAKE BOULEVARD, AS DESCRIBED IN OFFICIAL RECORDS BOOK 7486, P.5.M. = PROFESSIONAL SURVEYOR PAGE 138,AS BEING S77°43'04"E AND MAPPER R = RADIUS R/W = RIGHT OF WAY RNG. = RANGE SEC. = SECTION TWP. =TOWNSHIP THIS IS NOT A BOUNDARY SURVEY N V 5 201 SOUTH BUMBY AVE. ORLANDO, FL 32803 P: 407.896.3317 WWW.NV5.COM CHRISTOPHER A. LABERGE, P.S.M., PREPARED FOR:CATALYST DEVELOPMENT PARTNERS 11, LLC FLORIDA REGISTRATION No. 6014 NV5,INC. DATE: 5/03/2019 DRAWN BY: D. LAMMERS 201 S. BUMBY AVENUE, ORLANDO, FL 32803 REVISED: N/A JOB No.: 13034.13 LB No. 8246 SCALE: N/A SHEET ] OF 2 6 Book 9361 Page 1425 Instrument#2019055762 EXHIBIT`B" Page 3 of 3 SKETCH OF DESCRIPTION LIFT STATION EASMENT (RAP5QU1SJl7p ' O'R.B�092 CORR1O'R _SOUTHERLY LINE 0 10 20 - G. 0164 ) '^ PARCEL B - POC Scale: 1" = 20' _3l TRACT "A" // .5- (EAGLE EDGE LANE) V6. /RT HERLY LIMIT OF / MICHAEL BLAKE BLVD T' F / WINTER SPRINGS APARTMENTS-A REPLAT PB. 92, PG5. 63-66 EASTERLY RM LINE ", LOT WESTERLY D.R.MITCHELLS SURVEY R/W LINE \ Q' OF THE LEVY GRANT ON LAKE IEBILOCK A1, PG. 5 POB / LOT 7 0. o 9S S opPI O SEC. 6,TWP.21 S. RGE, 31 E it Sj THIS IS NOT A BOUNDARY SURVEY N V 5 PREPARED FOR:CATALYST DEVELOPMENT PARTNERS II. LLC 201 SOUTH BUMBY AVE. DATE: 5/03/2019 DRAWN BY: D. LAMMERS ORLANDO, FL 32803 REVISED: N/A JOB No.: 13034.13 P: 407.896.3317 WWW.NV5.COM SCALE: 1" = 20' SHEET 2 OF 2 7