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Home My WebLink AboutViera Company Public Underground Utility Easement - 2008 07 02 11111111111 It111111111111*141 1119111411MIM11111 MARYANNE MUWAI CLERK OF CIRCUIT C"T SEMINULE CULINTY BA 001.10 Vqs 1384 - 140�?l Npgs) Prepared by and return to: CLERK' S * 2008118298 18,x"98 City of Winter Springs,Attn: City Manager W.UJ t1}1_D lolpo/pm W133e 8 RMI 1126 East S.R.434 DEED DLC TM 0.70 �v Winter Springs, FL 32708 RECURDINU FLEE 78.00 RECORDED BY L McKinley PUBLIC UNDERGROUND UTILITY EASEMENT THIS EASEMENT is made this 2"d day of, July _,2008 By: INWOOD HOLDING COMPANY,LLC, a Florida limited liability company, having a mailing address of 870 Clark Street, Oviedo, Florida 32765 AND THE VIERA COMPANY, a Florida corporation, having a mailing address of 7380 Murrell Road, Suite 201, Viera Florida, 32440 (hereinafter collectively referred to as the "Grantors") 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, Florida 32708 ("Grantee"). WITNESSETH WHEREAS, Grantors are the sole owners of certain real property located within the City of Winter Springs including the driveway and improvements at 3000 Dovera Drive, Winter Springs, FL 32708; and WHEREAS, Grantors, for Grantor and Grantor's respective successors and assigns desire to convey a non-exclusive underground utility easement under and across their respective portions of the Property(as such term is hereinafter defined), for purposes of allowing Grantee ingress and egress to operate and maintain certain public improvements and other incidental appurtenances and accessories related to the public utilities needed to service the Property, more specifically, to provide for underground potable water; and WHEREAS, Grantors, as fee simple owners of their respective portions of the Property, also agree to cooperate with 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, Grantors 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, Grantors provide as follows: 1) Recitals. The foregoing recitals are hereby incorporated herein by this reference. 2) Grant of Easement. Grantors hereby voluntarily grant and convey to Grantee and Grantee's successors and assigns, subject to any previous duly recorded easements or grants of record, a non-exclusive easement for the maintenance, repair and improvement of existing potable 1 Book7080/Page1394 CFN#2008118298 water improvements together with an easement for access over, under, and across the real property described in Exhibit"A" attached hereto and made a part hereof(hereinafter referred to as the "Property") of the nature and character and to the extent hereinafter set forth (hereinafter referred to as the "Easement"). 3) Purpose of Easement. It is the express purpose of this Easement to provide Grantee unconditional ingress and egress to operate, maintain and repair the existing potable water utilities improvements located on the Property 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 Grantee by this easement: a. Ingress and egress to the Property for the construction, operation and maintenance of existing potable water improvements on the Property for the benefit of the public; and b. To prevent any activity on or use of the Property by Grantors that will interfere with the easement rights granted herein, and to require the restoration of damaged areas or features of the Property in the event that such damage interferes with the Grantee's casement rights granted herein; and C. To cut, trim, and keep clean such trees, brush, and undergrowth that might hinder or interfere with Grantees use of the Easement; and d. 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 operating, maintaining and repairing the existing potable water improvements and other incidental appurtenances and accessories referred to herein. Grantors, as the fee simple owner of their respective portion of the Property, hereby agree to allow Grantee, at Grantee's expense, to make application for said permits and also agree 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 any) related to the operation, maintenance and repair 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 Property. 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) Attorney's Fees. 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. Book70801Page1395 CFN#2008118298 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. Grantors hereby agree and make the following representations and warranties to Grantee with respect to their respective portions of the Property: 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. 11) Grantee's Right to Seek Equitable Relief. Grantors agree, acknowledge and recognize that any breach of this Easement by either Grantor with respect to such Grantors respective portion of the Property may result in irreparable harm to Grantee and the public and accordingly, Grantors agree that in addition to and not in lieu of any legal and equitable remedy available to Grantee by reason of such breach by a Grantor, Grantee shall be entitled to equitable relief from such breaching Grantor(including, without limitation, specific performance and injunctive relief) to enjoin the occurrence and continuation of the breach. 12) Entire Agreement. This Easement 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 Easement. The Easement shall be governed by the laws of Florida. 13) 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. 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 Duty of Noninterference. Grantors agree not to interfere or authorize 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, in the event the Grantee determines, at its sole discretion, that the Easement is no longer Book7080/Page1396 CFN#2008118298 required, Grantee, at Grantors' written request, agrees to execute an appropriate written instrument to terminate this Easement. IN WITNESS WHEREOF, Grantors and Grantee set their respective hands on the day and year above written. WITNESSES: GRANTOR: Inwood Holding Co parry, LLC Print Name ` 't1�,�:� G. lcan 1 Signature By i ��r 4 Print NameM��r\4- ts_ Print Title Print Name in 14 &Gk STATE OF FLORIDA COUNTY OF SEMINOLE The foregoing instrument was acknowledged and sworn to before me this ?.nc� day of 17-01ti4 , 2008 by ec)LLAn lA. I-VC_1C who is/is not personally known to me, or has produced as identification. J.A.EGGERS 0 0NOTARY PUBLIC Notary Public,State 01 Florida MyComm.No010 .DD 813678 WITNESSES: GRANTOR: The Viera Company Print Name 1 re d'rcrld�.✓-� rint Name Print Title / T Print Name s//JI•rC- STATE OF FLORIDA COUNTY OF BREVARD ��yy The foregoing instgurnent was acknowledged and sworn to before me this d hd day of, 2008 by c 1,W-In -Tnhn-50 � whcois not personally known to e, or has produced aA identifi54tiqh. CHARLENE R. SPANGLER N ARY PUBLIC Notary Public, State of Florida µy Comm. Exp. May 27, 2011 Comm. No. DD 649077 Book7080/Page1397 CFN#2008118298 WIESSES: GRANTEE: ,� � •�� g� City of Wintergs ;" ► Pnnt ame _ S nature - y By ciral int Name N Cr -. r Pint Title Print Name �W �' L J►yf 0�L� M f STATE OF FLORIDA COUNTY OF SEMINOLE The foregoing instrument was acknowledged and sworn to before me this r(0 day of OG 0bZe , 2008 by l20W Id W. M CA-e M-.e-, ho is 's not personally known to me, or has produced as identification. ��+�►+. otary $tare orFbrida NOTARY P BLIC Danielle Harker My commission D0663371 Ex ices 04/1512011 Book7080/Page1398 CFN#2008118298 SCHEDULE "A" PURPOSE : Sewer Line Easement Description A portion of Section 17, Township 21 South, Range 31 East, Seminole County, Florida, being more particularly described as follows : Commence at the Southeast corner of Tuscowillo Unit 7 as recorded in Plat Book 22, Pages 46 & 47, Public Records of Seminole County, Florida; thence S 01'07'52" E a distance of 319.02 feet; thence S 89'37'40" E a distance of 520.75 feet, thence S 14'32'19" E a distance of 169.91 feet, thence S 71'20'10" E a distance of 164.74 feet to a point on the Westerly right of way fine of Dovera Drive as shown on the Plat of Oviedo Crossing--Phase 3 as recorded in Plat Book 53, Pages 29 & 30, Public Records of Seminole County, Florida; thence S 55'15'44" W along said Westerly right of way line a distance of 200.22 feet to the Point of Curvature of a curve, concave Southeasterly, having ❑ central angle of 19'06'05" and a radius of 950.00 feet; thence Southwesterly along the arc of said curve and along said Westerly right of way line a distance of 201.55 feet to a point ( chord bearing and distance between said points being S 49'11 '05" W 201.18 feet ); thence N 51'1 7'52" W a distance of 6.97 feet to the Point of Beginning; thence continue N 51'17'52" W a distance of 10.99 feet; thence S 40'01'56" W a distance of 9.95 feet; thence N 02'25'49" W a distance of 305.10 feet; thence N 87'34'11" E a distance of 15.00 feet; thence S 02'25'49" E a distance of 304.99 feet to the Point of Beginning. Containing 4,521 square feet more or less. SURVEYORS NOTES 1. Bearings shown hereon are based on the Westerly right of way line of Dovera Drive as shown on the Plat of Oveido Crossing, Plat Book 53, Pages 29 & 30, Public Records of Seminole County, Florida. 2. 1 hereby certify that the "Sketch of Descr;ption" of the above described property is true and correct to the best of my knowledge and belief as recently drown under my direction and that it meets the Minimum Technical Standards ,! .pr Land Surveying CH. 61G17-6 requirements. 3. Not valid without the signature and raised seal of a Florida Licensed Surveyor and Mapper. NOT VALID WITHOUT SHEET 2 Date: CERT. NO. L 08 51311004 DESCRIPTION 06/04/2008 KR r FOR Job No.: Scale: 51311 1"=100' ` Inwood Holding Co., L.L.C. ` 906MEAS7"N SURVE)N & MAPPING CORP. CH. 61G17-6, Florida AdministrativeAREGISTER lli an F�o ev8rd Code requires that a legal description , �a32%3 4350 drawing bear the notation that 5580 � x(407�92-0141 THIS IS NOT A SURVEY. a gvveyin cam SHEET 1 OF 2 SEE SHEET 2 FOR SKETCH tS is}R EQbR N0. 424 Book7080/Page1399 CFN#2008118298 SKETCH OF DESCRIPTION SEWER LINE EASEMENT Imo- POINT OF COMMENCEMENT SE CORNER OF TUSCAWILLA UNIT 7, PLAT BOOK 22, PAGES 46 & 47, PUBLIC RECORDS OF SEMINOLE COUNTY, FLORIDA to o CURVE TABLE CURVE LENGTH RADIUS DELTA ICHORD BEARING CHORD DiSTANCEI TANGENT C1 201.55' 950.00' 12'0922" S 49'71'05" W 1 201.18' 1 101.16' u� M LEGEND L1 LINE NUMBER C1 CURVE NUMBER P.C. POINT OF CURVATURE P.T. POINT OF TANGENCY 0 IN I S 89'37'40" E 520.75' Ln l LINE TABLE 'N LINE LENGTH BEARING D L20 6.97' N 51'17'52" W 1 L27 10.99' N 51'17'52" W L22 9.95' S 40'01'56" W L23 15.00' N 87'34'1 7" E I L23 _ 164 Z Vl O O LR X j °� E M w TOTAL DELTA = o m 19'06'05" �' G Ln Z F o O G 4�9 L22 / L G L21 Q`QP4 ?\ THIS IS NOT A SURVEY 1 L20J '�� ° �O o 1 " = 100 — GRAPHIC SCALE - 0 50 1 D 200 P SOUTHEASTERN SURVEYING & MAPPING CORP. 6500 All American Boulevard Drawing No 51311004 Q Orlando, Florida 32810-4350 Job No. 51311 (407)292-8580 fax(407)292--0141 Dote. 05/04/200$ Cert. No LB-2108 SHEET 2 OF 2 email:info@southeasternsurveying.com See Sheet 1 for Description NOT VAL,IO WITHOU F SHEET 7 Book7080/Page1400 CFN#2008118298 SCHEDULE "A" PURPOSE : UTILITY EASEMENT Description : A portion of Section 17, Township 21 South, Range 31 East, Seminole County, Florida, being more particularly described as follows : Commence at the Southeast corner of Tuscowilla Unit 7 as recorded in Plat Book 22, Pages 46 & 47, Public Records of Seminole County, Florida; thence S 01'07'52" E a distance of 319.02 feet; thence S 89'37'40" E a distance of 520.75 feet, thence S 14'32'19" E a distance of 169.91 feet, thence S 71'20'10" E a distance of 164.74 feet to a point on the Westerly right of way line of Dovera Drive as shown on the Plat of Oviedo Crossing—Phase 3 as recorded in Plat Book 53, Pages 29 & 30, Public Records of Seminole County, Florida; thence S 55'15'44" W along said Westerly right of way line a distance of 200.22 feet to the Point of Curvature of a curve, concave Southeasterly, having a central angle of 19'06'05" and a radius of 950.00 feet; thence Southwesterly along the arc of said curve and along said Westerly right of way line a distance of 316.71 feet to Point of Tangency of said curve ( chord bearing and distance between said points being S 45'42'44" W 315.24 feet ); thence S 36'09'39" W along said right of way line a distance of 23.88 feet to the Point of Beginning; thence continue S 36'09'39" W along said right of way fine a distance of 78.86 feet; thence leaving said right of way line N 50'42'30" W a distance of 25.69 feet; thence N 40'01'56" E a distance of 77.65 feet; thence S 53'48'16" E a distance of 20.41 feet to the Point of Beginning. Containing 1,802 square feet more or less. SURVEYORS NOTES 1. Bearings shown here on are based on the Westerly right of way line of Dovera Drive as shown on the plat of Oviedo Crossing, Plat Book 53, Pages 29 do 30, Public Records of Seminole County, Florida, being S 55'15'44" W. 2. 1 hereby certify that the "Sketch of Description' of the above described property is true and correct to the best of my knowledge and belief as recently drawn under my direction and that it meets the Minimum Technical Standards for Land Surveying CH. 61G17-6 requirements. 3. Not valid without the signature and raised seal of a Florida licensed surveyor and mapper. NOT VALID WITHOUT SHEET 2 Date: CERT. NO. LE210 ttf fN 51311005 DESCRIPTION 06/12/2008 KR FOR Job No.: Scale: 51311 1"=100' _ The Viera Company SOUTHEAST&W S1 &i"V ,;& MAPPING CORP. CH. 61G17--6. Florida Administrative 6600:All American Boubl var Code requires that a legal description rlaxfdo, 'l�xliyl 281043 drawing bear the notation that (40 �92•s86a1�( 07)E92-0141 THIS IS NOT A SURVEY. email infodt}tste com SHEET 1 OF 2 ARY ICK SEE SHEET 2 FOR SKETCH REGISTERED LAND 3URVEYVR No. 4245 Book7080/Page1401 CFN#2008118298 SKETCH OF DESCRIPTION UTILITY EASEMENT POINT OF COMMENCEMENT �SE CORNER OF TUSCAWILLA UNIT 7, PLAT BOOK 22. PAGES 46 & 47, PUBLIC RECORDS OF SEMINOLE COUNTY, FLORIDA Ip V I� N LEGEND m Li LINE NUMBER P.C. POINT OF CURVATURE P.T. POINT OF TANGENCY R RADIUS LA L ARC LENGTH in d CENTRAL ANGLE q C8 CHORD BEARING ^? CH CHORD DISTANCE S 89'37'40" E 520.75' �N 'N 1 m 1`0 �s4 LINE TABLE LINE LENGTH BEARING L1 23.88 S 36'09'39" W L2 78.86' S 36'09'39' W L3 25.69' N 50'42'30" W s1A /pp`L� L4 77.65' N 40'01'56" E O Z L5 20.41 S 53'48'16" E 't G Ott 1 a`1 /�� O ?pP �h0/ \ // ADoor 0 0 A o THIS IS NOT A SURVEYMEW 1" = 100, tK � GRAPHIC SCALE r,`�` POINT OF 0 50 100 200 BEGINNING SOUTHEASTERN6500 All American Boulevard CORP. vard Drawing No. 51311005 Orlando, Florida 32810-4350 Job No. 51311 (407)292-8580 fax(407)292-0141 Dote: 06/12/2008 Cert. No. LB-2108 SHEET 2 OF 2 NOT VALID WITHOUT SHEET i email: inm infoOsoutheasternsurveyg.co See Sheet 1 for Description Book7080/Page1402 CFN#2008118298