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HomeMy WebLinkAboutVistawilla Office Center, LLC Declaration of Easement 2015 11 16 I�� l1L 1I�111�11�Illi{�ll���111�1{I I�1� 11AR'*,.,)'IVIE r1OR.GEy SEMII%lO[-E COUfffy CI-ERK OF CIRCUIT COURT & -J1 I k BK J5*8�5 CL.ERV6 201.5127060 RECORDED All THIS INSTRUMENT WAS PREPARED BY 1-*sEED DOC T0'. $0.70 RECORD'.MG FEES $713.00 AND SHOULD BE RETURNED TO: RECORDED BY1 hdeV01--f-I John D.Ruffier,Esquire Lowndes,Drosdick,Doster,Kantor&Reed,P.A. 215 North Eola Drive Orlando,FL 32801 (407)843-4600 DECLARATION OF EASEMENTS THIS DECLARATION OF EASEMENTS (this "Declaration") is made as of the It,""' day of /V&1AoA b--' � 2015, by VISTAWILLA OFFICE CENTER, LLC, a Florida limited liability company whose address is c/o Pinnacle Property Management, 1511 East SR 434, Suite 3001, Winter Springs,Florida 32708 ("Vistawilla"). WITNESSETH : WHEREAS,Vistawilla is the owner of fee simple title to a certain parcel of real property located in Seminole County, Florida as more particularly depicted in Exhibit A attached hereto and incorporated herein by this reference (the "Office Building Parcel"); and WHEREAS, Vistawilla is also the owner of fee simple title to a certain parcel of real property located in Seminole County,Florida as more particularly depicted in Exhibit B attached hereto and incorporated herein by this reference (the "Future ALF Parcel", together with the Office Building Parcel, collectively the"Parcels"); and WHEREAS, The Office Building Parcel and Future ALF Parcel share access to certain sidewalks, driveways, parking spaces and stormwater piping and inlet and other utility facilities serving both Parcels; and WHEREAS, in order to facilitate the development of the Future ALF Parcel and the continued use of the Office Building Parcel now and for future owners, Vistawilla wishes to establish certain easements, rights and obligations as hereinafter set forth. NOW, THEREFORE, for and in consideration of the premises hereof, the sums of money to be paid hereunder, and the mutual and reciprocal obligations undertaken herein, the parties hereto do hereby covenant, stipulate and agree as follows: 1. Recitals. The foregoing recitals are true and correct and are incorporated herein by reference. 2. Establishment of Utility Easements, Subject to the terms hereof, Vistawilla does hereby grant and establish a perpetual easement for the continued use of all existing drainage and utility facilities (i) for the benefit of the Office Building Parcel over and through those portions of the Future ALF Parcel and (ii) for the benefit of the Future ALF Parcel over and through those 0082037\163031\1992920v3 portions of the Office Building Parcel (the "Utility Easements"). The owner or owners of the Office Building Parcel and the Future ALF Parcel shall have a perpetual, non-exclusive right, license, privilege and easement of use and enjoyment in and to the Utility Easements to install, maintain, inspect and use underground electric and telephone lines, underground cables and conduits, stormwater facilities, sewers, water mains, pipes, telephone and electrical equipment, gas, cable television, drainage facilities, ditches or lines, or other utilities or services and for any other materials or services necessary or convenient for the completion, marketing, and use and enjoyment of their respective Parcels. The owner or owners of the Office Building Parcel and the Future ALF Parcel shall have a perpetual, non-exclusive right, license, privilege and easement of use and enjoyment in and to the Utility Easements, and such rights shall be appurtenant to and shall pass with the title to each such Parcel. Said rights shall include, but not be limited to, the rights and easements to connect with, maintain and make use of any utility facilities located within the Utility Easements and all components thereof, and to use and enjoy the Utility Easements for any purpose consistent with this Declaration. The owners of each Parcel shall also have the right and easement of ingress and egress over the other Parcel for purposes of development and construction of facilities within the Utility Easements, as well as such other rights as may be reasonably necessary to complete in an orderly and economic manner the installation of utility facilities. Notwithstanding the foregoing, no exercise of any rights hereunder shall unreasonably or materially interfere with any Parcel owner's use of the Utility Easements or the use or operation of its Parcel. 3. Establishment of In reg_ss, Earess and Parking Easements. Subject to the terms hereof, Vistawilla does hereby grant and establish a perpetual easement for the continued use of the existing parking spaces, sidewalks and driveways (i) for the benefit of the Office Building Parcel over any through those portions of the Future ALF Parcel as specifically identified on Exhibit C attached hereto and incorporated herein, and (ii) for the benefit of the Future ALF Parcel over any through those portions of the Office Building Parcel (the "Ingress, Egress and Parking Easements"). The owner or owners of the Office Building Parcel and the Future ALF Parcel and their respective guests and invitees shall have a perpetual, non-exclusive right, license, privilege and easement of pedestrian and vehicular ingress, egress and parking over any existing or future sidewalks, driveways and parking spaces now existing or developed in the future over either Parcel. Notwithstanding the foregoing, no exercise of any rights hereunder shall unreasonably or materially interfere with any Parcel owner's use of the sidewalks, driveways or parking spaces located on its Parcel or the use or operation of its Parcel. 4. Maintenance and Repair Obligations. Any party installing utilities within the Utility Easement or otherwise making use of the Utility easement shall be responsible for repairing and restoring the Utility Easement to the salve condition as it previously existed prior to any construction. Should ownership of the Office Building Parcel and the Future ALF Parcel ever differ, then the owner of each such Parcel shall maintain and repair all surface and subsurface improvements located within their respective easement areas on their Parcels. All such maintenance shall be performed in good workmanlike manner and the easement must be maintained in a condition satisfactory for the uses contemplated herein. Each such Parcel owner shall keep the easement areas located within and upon its own Parcel in good repair free and clear of any obstructions and in accordance with the standard of maintenance followed in other similar developments in Seminole County, Florida. If either Parcel owner fails to maintain the easement area located on its respective Parcel in reasonably good repair and such condition 2 0082037\163031\1992920x3 continues for thirty (30) days after receipt of written notice from the other party,the party giving such notice shall have the right to perform the necessary repairs and receive full reimbursement from the non-performing party for its share of the costs immediately upon presentation of evidence of payment reasonably satisfactory to the non-performing party, such as invoices or cancelled checks. If reimbursement is not made within fifteen (15) days after receipt of written demand therefore, such costs, together with the performing party's cost of collection, shall be due and payable from the non-performing party. 5. Reservation of Rights. It is expressly agreed and understood that the easements hereunder granted, together with all rights and privileges granted hereby, shall be nonexclusive and the parties hereto reserve for themselves and their successors in title the right to grant such other easements as they deem desirable over, under, upon and across their respective Parcels, provided that such other easements shall not unreasonably interfere with the rights under the easements granted hereby. 6. Covenants Running; with the Land. The terms, benefits and burdens of this easement shall run with the Office Building Parcel and the Future ALF Parcel and shall be binding upon and inure to the benefit of the parties hereto and their respective successors and assigns. 7. No Third Party Beneficiaries. No consent to the modification, from time to time, or termination of the provisions of this Declaration shall ever be required of any third party beneficiary who is not a party to this Declaration; nor shall any such third party have any right to enforce any of the provisions herein. Notwithstanding the preceding sentence, the parties hereto and their successors and assigns may permit the easements created hereunder to be used for their intended purposes by themselves, by all tenants, subtenants, licensees and guests and by the partners, officers, directors, employees, agents, contractors, customers, vendors, suppliers, visitors and invitees of any of the above and by any third party utility provider. 8. Amendment. This Declaration may be amended or terminated by, and only by, an instrument in writing executed by the owners of both the Office Building Parcel and the Future ALF Parcel, if different, or their respective successors in interest. 9. Attorneys' Fees. In the event it shall be necessary for any party to this Declaration to bring suit to enforce any provisions hereof, the prevailing party shall be entitled to recover from the non-prevailing party or parties, in addition to any damages or other relief granted as a result of such suit, all costs and expenses of such suit and reasonable attorneys' fees as set by the court. 10. No Waiver. No delay or omission in the exercise of any right or remedy accruing to either party upon any breach under this Declaration shall impair such right or remedy or be construed as a waiver of any other breach occurring before or after such breach. The waiver of any party of any breach of any term, covenant or condition in this Declaration stated shall not be deemed to be a waiver of any other breach, or of a subsequent breach of the same or any other term, covenant or condition herein contained. 3 0082037\1 6303 1\19929200 11. Governing Law/Venue. This Declaration shall be construed under and in accordance with the laws of the State of Florida, and venue for its enforcement shall be in Seminole County, Florida. 12. Severabilitv. If any provision in this Declaration is held to be invalid, illegal or unenforceable in any respect or the application of any provision is held to be invalid, illegal or unenforceable as to any person, fact, circumstance or situation, such invalidity, illegality or unenforceability shall not affect the remainder of such provision, any other provision hereof, or any permitted application. This Declaration shall be construed so as to be valid, legal, binding and enforceable to the fullest extent permitted by law, and as if this Declaration had never contained any such invalid,illegal or unenforceable provision. [signature appears on the following page] 4 0082037\1 6303 1\1992920x3 RECEIVED 11/1312015 10:11 2766239051 THE UPS STORE Nov, 13. 2015 10:50AM Barnett, Bolt No, $251 P. 6/9 IN NVITNESS 'Vi REREOF, -V'istawilla has executed this Declaration as of the day and year first above written, VISTAAN'VILLA,0FRCE CENTF ,LLC, a Flo�1da limited liability company Ey: David .McLeod,Manager STATE OF+E&RH)it�)"`�����•� COUNTY OF ��� ,����• On this 1 � day of J�'6J.rL r ,2015,before mei 6%aV l-- notary public, personally appeared DAVID W. MCLEOD in his capacity as MANAGED. of VISTAWILLA OFFICE CENTER,LLC, a Florida Iimited liability,company, on behalf of the company. He [ ] is personally known to me or [ ,I has provided ��t�•5 l_��o. as ldent' ation. Witness my hand and official seal, (NOTARY SEAL) , 444410111'e (N dh Public% na 1r ) ``�•`���N L. FRq t Name: p�., otary Public, State o�V,,c . o ���•• My Commission Expiares�( / a 1`7 MY COMMISSION NUMBER 'Q ?y•• 7545012 Z v FALTH( J� 0062037116303111992920x3 EXHIBIT A LEGAL DESCRIPTION OF THE OFFICE BUILDING PARCEL A PORTION OF LOT 19, MAP OF THE PHILLIP R. YONCE CRANI, AS RECORDED IN PLAT BOOK 1, PAGES 35-J8, PUBLIC RECORDS OF SE,MINOIE COUNTY, l7,ORI9A LOCATED AN SECTION S, T01MISPIP 21 SOUR(, RANCE .31 EAST, AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT tNE NORTHEAST CORNER L1° 1?STAvTLLA DRIVE; AS RECORDED IN PLAT BOOK 47, PAGES 60-61, PUBLIC RECORDS OF 5VflNOLE COUNTY, FLORIDA; THFMCE RUN TILE FOLLOWING COURSES AND DISTANCES ALONG PIE EASTERLY RIGHT-OF-WAY ONE aF SAID 1?StA1NLLA DRIVE THENCE SO077'J8'W A DISTANCE OF 20IJ4 F661; [HENCE RUN S06'10'16'W, A DISTANCE OF 34.92 FEET TO THE NORTH LINE OF A 50 FOOT MDE ACCESS AND UITLITY EASEMENT AS DESCRIBED IN OF.+=ICIAL RECORDS BOON. J424, PAGE 641 FOR A POINT OF BEGINNING; THENCE DEPARtING SAID MI-11-OF-WAY LINE RUN S89:35'481 ALONG SAID NORTH LINE, A DISTANCE OF 254.67 FEET TO THE EAST LINE Or A TRACT AS DESCRIBED 1N OFriCIAL RECORDS BOCK 3424, PAGE 641; THENCE RUN N0010'.391E ALONG SAID EAST LIN: FOR A DISTANCE OF 243.Q[ FEET TO A POINT ON THE SOUTN RIGHI-Cly'-WAY UNE OF STAIE ROAD 4J4 PER MICIAL RECORDS 80(X 2JOt, DACE 1486; 1,YENCE RUN ALONG SAID SOUTH RIGHT-OF-WAY LINE THE FOLLOWING TI/REE COURSES S89'49217E FOR A DISTANCE OF 283.27 FEET,- TIENCE RUN S00't033'W FOR A DISTANCE OF 10.00 FEET' THENCE RUN 5894921'E FOR A DISTANCE OF 107.63 FEET THENCE DEPARTING SAID SOUTH 7'GHT--OF-WAY LINE RUN SOOY)3'05'W FOR A DISTANCE OF 264.56 FEET TO THE NORTP LINE OF THOSE LANDS DESCRIBED 1N OFTICIAL RECORDS BOaK 3424, PAGE 651; 774ENCE RUN 5,89'75'487E ALONG SAID NORTH LINE FLAT A DISTANCE OF 124.21 FEET TO A POINT ME NEST LINE OF A 25 FOOT WDE PUBLIC UTILITY EASEMENT PER OFFKYA.L RECORDS BOOK .1424, PAGE 668 AND OFFICAL RECORDS BOOK 4029, PAGE 359, PUBLIC RECORDS OF SEMINOLE COUNTY, FLORIDA; THENCE RUN 50077J8"W ALONG SAID WEST LIN& A DISTANCE OF 151,04 FEET TO T'1£NORT11 LINE OF EAGLES WATCH PHASE TM AS RECORDED AN PLAT BOOK 50, PAGES 20-21 PUBLIC RECORUS OF 5EMINOLE COUNlY, F2CWIDA; THENCE RUN N89J2`22'W ALONG SAID NORTH LINE FOR A DISTANCE OF 788.81 FEET TO A POINT ON THE AFOREMENPONED EASTERLY RIGHt OF-NAY LINE Of KSTAMLLA DRIVE,• SAID POINT BEING ON A CUR*, CONCAVE WLSTEKLY, HAVING A CENTRAL ANGLE OF (7930'A AND A RADIUS Or' 790,00 FEET; THENCE DEPARTING SAID MORM LINE, FROM A TANGENT BEAROX OF N10'18'G5'E RUN NORP(EASTERLY ALONG PIE ARC OF SAID CURVE AND SAID RIGHT-OF-WAY UNE, A DISFANCE OF iJ5.68 FEET' THENCE DEPARTING SAID CURVE, RUN N0670'16 E, A 015TANC.E OF 65.58 FEET TO THE POINT OF BEGINNING. CCNNTAMVING 5.750 ACRES 410RE OR LESS. 6 0082037\163031\1992920v3 EXHIBIT B LEGAL DESCRIPTION OF THE FUTURE ALF PARCEL A PORRON OF LOT 19, MAP OF THE PHILLIP R, "ICE GRANT, AS RECORDED IN PLAT BOOK 1, PACES 35-38, PUBLIC RECORDS OF SEMINOLE COUNtY, FLORIDA AND A POROM OF SECIIO.N 5, TOWNSHIP 21 SOUTH, RANGE 31 £AST, AND A PORTION OF SAID SEC770M 5 BEING MORE PARVCUTA.RLY DESCRIBED AS FOLLOWS COMMENCE AT VIE NORVIEAST CORNER OF W.57AW1ILA ORVE, AS RECORDED IN PIAT BOOK 47, PACES 60—ST, PUBLIC RECORDS OF SEMINOLE COUNTY, FLORIDA, THENCE ALONG INE SOUTH RIGHT.-OF—WAY LINE OF S to Q ROAD 434 AS RECORDED IN OFFICAL RECORDS BOOK 2301, PACE 1486 RUN VIE FOLLOW4NG THREE (3) COURSES, 58949217f FOR A DISTANCE OF 53327 FEET; THENCE RUN 50070'39"W FOR DISTANCE' OC 10.00 FEET; THENCE RUN 58949'21"E FOR A DISTANCE OF 107,63 FEET TO THE POINT OF BEGINNING; THENCE CUVVNUE A10146 SAID SOUTH RICHT-OF—WAY LINT THE FOtLOMNG TWO (2) COURSES RUN 589'4921 E FOR. A DISTANCE OF 401.73 FEET: TNENCE RUN 579'28'18'E FOR A DISTANCE OF 20.20 FEET TO THE ;BEST RIGHT-Or-WAY L?NE OF BLACK HAMMOCK BRANCH SEABOARD COAST LINE RAILROAD THENCE DEPARVNG SAID SOUTH RIGHT-OF-WAY LINE OF STATE ROAD 434 RUN 50621'38'W ALONG SAID OST RIGHT-OF-WAY UNE FOR A DISTANCE OF 436.23 fFfT TO THE NORTH LINE OF EAGLESWATCH PHASE TWO AS RECORDED 1N PLAT BOOK 50, PAGES 20-21 PUBLIC RECORDS OF SEMINOLE COUNtY,, FLORIDA; THENCE DEPARTING 5AI0 WEST RIGH(-OF-WAY LINE RUN ALONG SAID NORIH LINE N89:3122'W FOR A DISTANCE OF 250.5)FEET TO A POINT THE VifST LINE a'A 25 FOOT ME PUBLIC U77LITY EASEMENT PER OFPCIAL RECORDS BOOK 3424, PACE 668 AND aMCA1 RfCaRDS BOOK 4029, PACE 359, PUBLIC RECORDS OF SEtlINOL'E COUNTY FLORIDA 7PENCE RUN NOO27'38 E ALONG SAID WEST LINE, A D15FANCE OF 151.04 FEET TO THE NORTH VN'E OF LANDS DESCRIBED IN OFICIAL RECORDS BOOK .3424, PAGE 651; THENCE ALONG SAID WORTH LINE RUN 118935481V FOR A DISTANCE OF 124.)1 FEET; THENCE DEPARVNG SAID NORTH LINE RUN NO9n305E FOR A DISTANCE OF 284.56 FEET TO THE POINT OF BEGINNING. rONTAINING 3.557 ACRES MORE OR LESS. 7 0082037\l 63 03 l\1992920v3 EXHIBIT C INGRESS, EGRESS AND PARKING EASEMENT DESCRIPTION 8 0082037\163031\1992920x3 i -------------------------------------------- ---------- -- --------- STATE ---- -STATE ROAD 434 `----- - '/ ------ 1 ornaenvo�i�u�nirenav - _. --- -------- -- --------------- -------------------- ------------ ,f _J L_ 1 / � � ,�R •-tom 7' 0# lJ I_I Ll u I I I I;qY 1 1 I - I I I IlG} 1 i ♦ � •� �``; � I I L., ���'jl r-- II 1= -L----__L_LJ_ 11 If" T"r'1'--1-T-f"1-"II IIfTT't-T-T� I oil i 1 II I I I I I 1 I Iit1II I I I 1 I veu�T I I +sII I I-b 1 ��, 1 I I I I I I- I • -_ 1 1 it 11 I I r I - 11 II I I 1 —1-1LJ_ I it N--1 L--1-1_L,1 1_! I---. �' ---✓'1 L_ O 1 r- 1 1 I 1 1 l i I 1 I II • I ��` ,t•'� I I 1 1 I I 1 1 I I � EASEMENT FOR INGRESS, EGRESS AND PARKING = g Q9 3 EXHIBIT 0 50' 100' 200' 3 g SCALE: 1"=100' DAVE SCHMITT m.,w„a,.un O1 `'�� onTE:IavE\ISEnmu ENGINEERING,INC. °A� °EB`Y1110N ,a„'"11p1 SKETCH OF EASEMENT rnaecrrro.:cov.+ an�vwloN ruu Ew.r eLw. '`r'1.",u�........-�:�.,..,..�e, VISTAVILLA ASSISTED LIVING c11Ec�oer:oua anmrmee rw<�ozmrsnu g„w,w,,,,"r,,, WINTER SPRINGS,FLORIDA Sr1EET:+�+