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HomeMy WebLinkAboutWinter Springs, City of - Khan, Ayude Public Cross Access Easement 2005 08 17 8 u Prepared by and return to: City of Winter Springs,Attn:City Manager 1126 East S.R.434 Winter Springs,FL 32708 PUBLIC CROSS ACCESS EASEMENT THIS EASEMENT is made this ' day of A _ 2005 By: Ayube N. Khan, President;Ayube Benson Carmen,Inc. Having a mailing address of 1542 Westcott Loop Winter Springs, F132708 (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"). WITNESSETH WHEREAS,Grantor is the sole owner of certain real property located within the City of Winter Springs at 295 E. S.R. 434 : and WHEREAS, Grantor desires to convey a cross access easement across a portion of it's real property, as legally described herein, for the purpose of allowing Grantee ingress and egress for vehicular and pedestrian traffic,and more specifically, to provide for cross access: and WHEREAS, Grantor,as fee simple owner of the easement property,also agrees to assist Grantee in obtaining any local, state,or federal permits required to maintain the public improvements and any other incidental appurtenances and accessories thereto: 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 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: A n o e 1) Recitals, The foregoing recitals are hereby incorporated herein by this reference. ) Grant of Ease et Grantor hereby voluntarily grants and conveys to Grantee, successors, and assigns, subject to any previous duly recorded easements or grants of record,public access and improvements and maintenance easement over, der, and across the real property described as follows: See Exhibit `C' (Hereinafter the "Property")of the nature and character and to the extent hereinafter set forth("Easement"). 3) Pr ose of Easement.It is the express purpose of this Easement to provide Grantee unconditional ingress and egress to operate over,under and from the Property for the purposes stated herein. 4) R!&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 prevent any activity on or use of the Property that is inconsistent with the purpose of the Easement, and to require the restoration of areas of features of the Property that may be damaged by an inconsistent activity or use; and b. To cut, trim, and keep clean such trees,brush, and undergrowth that might hinder or prohibit the use of the Property; 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. S) 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 improvements and other incidental appurtenances and accessories referred to herein. Grantor, as fee simple owner of the Property, hereby agrees to allow Grantee, at tee's expense, to make application for said permits and also agrees to join in any said permit(as 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 2 any)related to the construction,operation, and maintenance of the public improvements and other incidental appurtenances and accessory structures. 6) Easements Run with the Land. This Easement shall remain a charge against the Therefore,this Easement shall "run with the land" and be automatically assigned by any deed or other conveyance conveying a portion of the Property relating to this easement, even though conveyance makes no reference to this Easement as such. 7) Attprntyls ktg. In the event of any legal action arising under this Easement between the parties,the parties agree to incur their own attorney's fees,court costs,and expenses,through all appellate proceedings. 8) Recordation. Grantee 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 its rights in this Easement. 9) Successors. The covenants,terms,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 Property. 10) Grantors Representations and Warranties. Grantor hereby agrees and makes the following representations and warranties to Grantee: a. Grantor is lawfully seized of said Property in fee simple and has full and lawful authority to execute this Easement,convey the Easement to Grantee, and bind the Property as set forth herein. b. The Property 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 Property, 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 Property and will defend the same against lawful claims of all persons whomever. 11) Grantee's NdA to Seek„ uit ble RelLet. 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, 3 without limitation, specific performance and injunctive relief)to enjoin the occurrence and continuation of the breach. 12) Kntire.A reement. 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. 1 ) NfLygrgi&g Imptq911y, 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. 14) Modifications. This Easement shall only be modified by a written instrument executed by the parties hereto or any successor,assigns heirs, or representatives thereto. 15) Grantors Dui, of Noninterference.Grantor agrees not to interfere or allow others to interfere with Grantee's rights to use the Property as specifically set forth herein. Grantor agrees not to permit or allow the construction or erection of any building or structure on the Property without prior written consent of the Grantee. 16) Termination. The parties agree that this Easement is intended to be perpetual. However, m the event the Grantee determines, at its sole discretion,that it no longer requires the property for public improvements described herein, Grantee, at Grantor's written request, agrees to execute an appropriate written instrument to terminate this easement. 4 tr R p a IN WITNESS WHEREOF Grantor and Grantee set their respective hands on the day and year above written. WITNESSES: ,C M C m (GRANTOR) Print N2e :r, j CLAA., Print Name STATE OF FLORIDA COUNTY OF SEMINOLE r� T e foregoing ins en was act: y ed ed and sworn to before me this Day of ,2005 by/ �✓✓ who is/is not personally known to me, orhas oduced � L ... L as identification. , ., Mary Anne wiiin pots NO TAR PUBLIC My commiss10 w Expires January 14,2008 WITNESSES CITY OF WINTER SPRINGS(GRANTEE) 4� .. � t _ � By: Ronald W. McLe. . .. City Manager mor........._ �,I.not Name � � � � ���� � �� e tY g STATE OF FLORIDA COUNTY OF SEMINOLE The foregoing instrument was acknowledged and sworn to before me thi�m'�u��.� day of 2005 by Ronald W. McLemore,,City Manager of the City of Winter Springs lorida w461s%is not personally know ,ta me, or has produced - .... . _... m........ as identification. a , _ m... .. - . NOTARY PUBLIC L Andueees g My Commission M209870 4aaeF Expires May 09,2007 5 SKETCH OF DESCRIPTIONEXHIBIT C FOR ACCESSCROSS DESCRIPTION: PAGE T OF 2 (PARENT PARCEL) THAT PART OF I...OT 4€, ENTZMINGER FARMS ADDITION NO. 2, AS RECORDED IN PLAT" BOOK 5, PAGE 9, PUBLIC RECORDS OF SEMINOLE COUNTY, FLORIDA AND THAT PART OF LOT 52, BLOCK "D"° D.R. MITCHEL,LS SURVEY OF THE DOSES E. LEVY GRANT, AS RECORDED IN PLAT BOOK 1, PAGE 5, PUBII...IC RECORDS OF SEMINOLE COUNTY, FLORIDA, DESCRIBED AS FOLI...O'WS; FROM THE INTERSECTION OF THE SOUTHERLY RIGHT-OF-WAY LINE OF STATE ROAD 434 AND THE EASTERLY RIGHT-OF-WAY LINE OF DOSS ROAD; RUN S.88*23`42"°E. ALONG SAID SOUTHERLY RIGHT-OF-WAY LINE OF STATE ROAD NO. 434 A DISTANCE OF 932.89 FEET FOR A POINT OF BEGINNING; THENCE CONTINUE S.88'23'42°"E. ALONG SAID SOUTHERI,..Y RIGHT-OF WAY LINE A DISTANCE OF 66.45 FEET TO THE POINT OF CURVATURE OF A CURVE CONCAVE: NORTHERLY AND HAVING A RADIUS OF 1330.00 FEET; THENCE RUN EASTERLY ALONG THE ARC OF SAID CURVE 123.80 FEET THROUGH A CENTRAL ANGLE OF 05'20"00"; THENCE DEPARTING AFORESAID SOUTHERLY RIGHT-OF--WAY LINE OF STATE ROAD NO. 434; RUN S.03'43"42"'W. A DISTANCE OF' 250.00 FEET TO A POINT ON A CURVE. CONCAVE NORTHERLY, SAID CURVE HAVING A RADIUS OF 1580.00 FEET AND A CHORD BARING OF S.88'56"18"W.; THENCE RUN WESTERLY ALONG THE ARC OF SAID CURVE 147.08 FEET THROUGH A CENTRAL ANGLE OF 5"20"00" THENCE N.8823"42."VW. A DISTANCE OF" 1117.19 FEET; THENCE N.16'51"35"E. A DISTANCE OF 5TO1 FEET"; THENCE N.01'36'18"E. A DISTANCE" OF 173.47 FEET( THENCE S.8823'42"E.. A DISTANCE OF 3535 FEET; THENCE N.01'36'18"°E., A DISTANCE OF 21.53 FEET TO THE POINT OF ETEGINNIING. CONTAINING 59,052 SQUARE FEET (1.36 ACRES) MORE OR I...ESS, CROSS ACCESS EASEMENT DESCRIPTION: FROM THE INTERSECTION OF THE SOUTHERLY RIGHT -OF-WAY LINE OF STATE ROAD 4,34 .AND THE EASTERLY RIGHT--OF-.-WAY LINE OF MOSS ROAD; RUN S 88'2:3"42" E. ALONG; SAID SOUTHERLY RIGHT-OF-WAY LINE OF STATE ROAD NO. 434 A DISTANCE OF 999.34 FEET TO THE POINT OF CURVATURE OF A CURVE CONCAVE NORTHERLY AND HAVING A RADIUS OF 1330.00 FEET THENCE RUN EASTERLY ALONG TFiE ARC OF SAID CURVE A DISTANCE OF' 46.56 FEET THROUGH A CENTRA€... ANGLE OF 2"00'21°. FOR A POINT OF BEGINNING; SAID POINT BEING ON A CURVE CONCAVE NORTHERLY HAVING A RADIUS OF 1330.00 FEET, A CHORD BEARING OF N. 88Po49'29" E. AND A CENTRAL ANGLE OF 1"17"5+9"; THENCE RUN EASTERLY ALONG THE ARC OF SAID CURVE A DISTANCE OF 30.17 FEET 'TO A POINT ON A CURVE CONCAVE EASTERLY HAVING A RADIUS OF 43.83 FEET, A CENTRAL ANGLE OF 1 7®58'48" AND A CHORD BEARING OF S. 12'48'49" W.; THENCE RUN ALONG THE ARC OP` SAID CURVE A DISTANCE OF 13.76 FEET TO THE POINT OF' TANGENCY„ THENCE S. 01'31'42" W. A DISTANCE OF 1,32 FEET TO THE POINT OF CURVATURE OF A CURVE CONCAVE NORTHEASTERI....Y, HAVING A RADIUS OF 1.5.00 FEET AND A CENTRAL ANGLE OF 93"50'25"; THENCE RUN ALONG THE ARC OF SAID CURVE A DISTANCE OF 24.57 FEET TO THE POINT OF TANGENCY; THENCE N. 86'54'4.8' E. A DISTANCE OF 36.60 FEET; THENCE" S. 03®43'42" E. A DISTANCE OF 24.00 FEET TO A POINT ON A CURVE CONCAVE NORTHERLY HAVING A RADIUS 1384.50 FEET" A CENTRAL. ANGLE OF 5'19'55"° AND A CHORD BEARING OF S. 88'48'52" VW.; THENCE RUN ALONG THE ARC OF SAID CURVE A DISTANCE OF 128.84 FEET TO THE POINT OF TANGENCY„ THENCE N. 88"28'18" W. A DISTANCE OF 32.79 FEET TO THE POINT OF CURVATURE OF A CURVE CONCAVE SOUTHEASTERLY HAVING A RADIUS OF 15.00 FEET AND CENTRAL... ANGLE OF 89'57"05"; THENCE RUN ALONG THIE ARC OF SAID CURVE A DISTANCE OF 23.55 FEET TO r iE POINT OF TANGENCY; THENCE S. 01'34'37" W. A DISTANCE OF 74.51 FEET; TIdENCE N. 88028'10" W. A DISTANCE OF 24.00 FEET„ THENCE N. 01'34'37" E. A DISTANCE OF 74.53 FEET TO THE POINT OF CURVATURE OF A CURVE CONCAVE SOUTHEASTERLY HAVING A RADIUS OF 39,00 FEET AND A CENTRAL.. ANGLE OF 89"57'05"'; THENCE RUN AL...ONG THE ARC OF' SAID CURVE A DISTANCE OF 61.23 FEET TO A POINT; THENCE S. 89°00' 38" E. A DISTANCE OF 75.65 FEET TO A POINT ON A CURVE CONCAVE NORTHWESTERLY, SAID CURVE HAVING A RADIUS OF 11.00 FEET, A C:ENTRAI.... ANGLE OF 69'16'46" AND A CHORD BEARING OF N. 36"10'05" E.; TFIENCE RUN Al.._ONG THE ARC OF SAID CURVE A DISTANCE 13.30 FEET; TFfENCE N. 01°31'42" E. A DISTANCE OF 5.19 FEEL TO A POINT ON A CURVE. CONCAVE WESTERLY HAVING A RADIUS OF 35.00 FEET, A CENTRAL ANGLE 25"40'157" AND A CHORD BEARING OF N. 11'18`47" W`!.; THENCE RUN ALONG THE ARC OF SAID CURVE A DISTANCE OF 15.69 FEET TO THE POINT OF BEGINNING, H, I ' 'L PREPARED: 8-5-05 SWAGGERTY, L_L_ ' o surveyors°,s mappers 250 S. Ronald Reagan Raufevard SEE PAGE 2 OF 2 .sup"per 114 Laragwaad" i'raredd 3.2750 FOR SKETCH (407) 647-Z.:r46 F'-AX (407) 647-8097 Licensed Business Na. 7276 UL P s SKETCH OF DESCRIPTION FOR EXHIBIT C CROSS ACCESS EASEMENT PAGE 2 OF 2 STATE ROAD 434 ,.......POINT AI BEGINNING rPOINT OF COMMENCEMENT ` "R. PARCEL / wmt�eme W cNr awr-6-a•ue uan nnw 't,. . / 77r_w_—`0rs&99�9.34' �- OF 6EGINNING _ EASEMENT M 3'42"E E s .0 �q S88'2 _.. . R=1330 ' � CA=5.20'00 _ L 123.80 %i 3• ID OO w � � "`rl"""Ty' N07'3742E d ^ 58BZ3 42"E 5 5.19' S07 31'a2"W -> S89'00'38"E 75.65' _7.32' v o m` NB6'54'48 E o p CA 0& a w � CROSS ACCESS EASEMENT 36.60' Q p V > W x$ N88'28'18"W © 22.79' F rn N o N 3O V1 a W r W ^ W Z W M o , rn r7 z o W N O v CO Z 00 O N N' 24.00' �4.� C LO I,_ a O 88'28'iG�W _ 0 O O Z Z - cf Q Q La! W m CO L� Q O O h V) > I i d Q Nm = +by SCALE: C8=S.88'56'18'W. 1"= 60' N R=1580.00' L=147.08' CA=5'20'00" HACIENDA VILLAGE CURVE DATA TABLE NUMEE RADIUS LENGTH CENTRAL ANGLE I CHORD BEARING 1 .......... _. _ _.. ... ..._... 2 1330.00 30 17' 1 17 59 N 88°49'29 E 3 43.83 13 76 17'S8 48 �S 1 48 49 W I 4 15.00 24 57 93°50 25 S 45 23 31 E ,.. 1384.50' ... 128.84' _. .,19 5, S 88°48'52" W 6 15.00 2� 55' 89°57 05 S 46'33'09 W 7 �] 39.00 61 23 89'S7'OS" N 46 3z 09 E _. . _ _ ....�....,... ....._ w._ 13.30 i 69 1 0 57 I 1N 136 80 05 E 9 3 .00 1 69' 25"4 11 -�_ .... _. ._ . ... W ....._. HENRICH-LUKE & SWAGGERTY, LLC SEE PAGE 1 OF 2 surveyors & mappers FOR DESCRIPTION Mark I. Luke 250 S. Ronald Reagan BoulevardProfessional Surveyor and Mapper Suite 114 Florida License No. 5006 Longwood, Florida J2750 THIS IS NOT A SURVEY This survey map or copies thereof are ni (407) 647-7346 not valid without the signatureFax (407) 647-6097 DATE PREPARED: 8-5-05 the original raised seal of a Fl Licensed Business No. 7276 Licensed Surveyor and !tapper.