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HomeMy WebLinkAboutCedar Beeches FLA LLC Easement - 2023 12 12Grant Maloy, Clerk Of The Circuit Court & Comptroller Seminole County, FL Inst #2024001581 Book:10561 Page:922-939; (18 PAGES) RCD: 1/5/2024 10:49:49 AM REC FEE $154.50 Prepared by and return to: City of Winter Springs, Attn: City Manager 1126 East S.R. 434 Winter Springs, FL 32708 PUBLIC UTILITY EASEMENT THIS EASEMENT is made this , day of: 72kem ,-2023, by CEDAR & BEECHES FLA LLC, a Florida limited liability company, having a mailing address of 17743 Litten Drive, Boca Raton, Florida 33498 (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 legally described on Exhibit "A"; and WHEREAS, Grantor desires to convey an underground utility easement over, under, and across a portion of its real property, as legally described herein, for purposes of allowing Grantee ingress and egress to operate and maintain certain water, sewer, and reclaimed water lines and other incidental appurtenances and accessories related thereto needed to provide water service to Grantor's property (collectively, the "Public Utilities"); and WHEREAS, Grantor, as fee simple owner of the easement property, also agrees to assist Grantee, at no cost to Grantor, in obtaining any local, state, or federal permits required to maintain the Public Utilities to the extent such permits are necessary; 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 Grantor. 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. 0031210\ 194687\11969701 v2 Book 10561 Page 923 Instrument# 2024001581 2) Grant of Easement. Grantor hereby voluntarily grants and conveys to Grantee, its successors and assigns, subject to any previous duly recorded easements, restrictions and/or grants of record, a public access and improvements and maintenance easement of the nature and character and to the extent hereinafter set forth ("Easement") over, under, and across a portion of the real property described as follows: SEE EXHIBIT "A" ATTACHED HERETO AND INCORPORATED HEREIN BY THIS REFERENCE. (hereinafter the "Property"), said portion being more particularly described on EXHIBIT "B", EXHIBIT "C" and EXHIBIT "D" attached hereto and incorporated herein by this reference (the "Easement Area"). 3) Purpose of Easement. It is the express purpose of this Easement to provide Grantee ingress and egress to operate and maintain the Public Utilities over, under and from the Property for the purposes and on the terms stated herein. 4) Rights 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 various driveways on the Property for vehicular and pedestrian ingress and egress and to construct, operate, and maintain the Public Utilities over, under and across the Easement Area for the benefit of the public, it being agreed that (i) to the extent reasonably practicable to enable the Grantee to exercise its rights under this Easement, the Grantee's rights of vehicular ingress and egress to and from the Easement Area shall be limited to the drives, roads, and parking areas constructed upon the Property, and (ii) in the event the Grantee shall perform any construction, repairs, alteration, replacement, relocation, or removal of any facilities located within the Easement Area, the Grantee shall thereafter restore the Easement Area to as near as practicable the condition which existed prior to such construction, repairs, alteration, replacement, relocation, or removal; provided, however, that the Grantee shall not be obligated to restore any improvements or landscaping if the same would unreasonably interfere with the operation or maintenance of the Grantee's facilities or clearances which may be required around such facilities, and (iii) all facilities of Grantee installed pursuant to this Easement shall be installed underground to the extent reasonably practicable; and b) To prevent any activity on or use of the Property that unreasonably interferes with the purpose of the Easement, and to require the restoration of areas and features of the Property that may be damaged by an inconsistent activity or use by the Grantor or its tenant(s); 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 2 003121 0\194687\1 1969701v2 Book 10561 Page 924 Instrument# 2024001581 d) To cut, trim, and keep clean such trees, brush, and undergrowth that might unreasonably hinder or prohibit the use of the Property 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 Property, 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 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 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. Upon execution of this Easement, 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 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) Grantor's 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 lawfiil 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 certain leases in favor of tenants, 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. 003121 0\1 94687\1 196970 1 v2 Book 10561 Page 925 Instrument# 2024001581 c) Grantor shall pay or cause to be paid any and all taxes that are levied on the Property, from time to time, as said taxes and assessments come due and before they become delinquent. 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 claiming by, through, or under Grantor, but against none other. 11) Grantee's Right 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. 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) Indemnity, Sovereign Immunity. The Grantee covenants and agrees to indemnify the Grantor and its tenant(s) and hold them harmless from any and all claims for personal injuries, death, or property damage, and any other losses, damages, demands, charges, or expenses, including, but not limited to, attorneys' fees, up to but not exceeding the limits set forth in Section 768.28, Florida Statutes, which arise out of, in connection with, or by reason of the Grantee's exercise of its rights under this Easement, except to the extent of such loss or damage as may result from the willful or negligent acts of the Grantor, its tenant(s), or their agents, contractors or employees. 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 successors, assigns, heirs, or representatives thereto. 15) Grantors Duty of Noninterference. Grantor agrees not to unreasonably interfere or allow others to unreasonably 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; 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 Property in any manner which is not inconsistent with this Easement, including for the installation of landscape, hardscape, and pavement. 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 it no longer requires the 4 0031210\194687\11969701v2 Book 10561 Page 926 Instrument# 2024001581 Easement for the public utilities described herein, Grantee, at Grantor's written request, agrees to execute an appropriate written instrument to terminate this Easement. (INTENTIONALLY CONTINUED ON NEXT PAGE) 0031210\194687\1 1969701 Q Book 10561 Page 927 Instrument# 2024001581 IN WITNESS WHEREOF, Grantor and Grantee set their respective hands on the day and year above written. GRANTOR: WI S ES: CEDAR & BE S FL , limited liabi in ny Print Name By: sther Cohen, Manager Print Name: / v �����I►N••M••Pv�F i O 0 .. My Comm. ExP S Februoy21, 2027 S STATE OF - �NO. H 384954PUBO r .• TF �•••••• COUNTY OF >i OF V 111111111WO The foregoing instrument was acknowledged and sworn to before me by means of () online notarization or physical presence, this 2 day of <—, 2023, by Esther Cohen, as Manager of Cedar & Beeches FLA LLC, a Florida limited liability company, who is/is not personally known to me, or has produced I— as identification. N7RY PUBLIC 6 0031210\194687\11969701v2 Book 10561 Page 928 Instrument# 202-4001581 WI S Print Name: /Vto- ft 1, -e l ,egg GRANTEE: CITY SPRINGS By: Title: /Ai _q , STATE OF FLORIDA COUNTY OF SEMINOLE The foregoing instrument was acknowledged and sworn to before me, by means online notarization or (_X -), ( —� l), > physical presence this j P'day of 2023 by L 11L,/i i-1 as for the City of Winter Springs Florida who Adis not personally known to me, or has produced as identification. X, NC)T AR V P1 TIATIC E:Nol,a,ry Public State of Florida 0"'a A Christian D Gowan My Commission HH 43' o" w WdW Jill= M s H 433379 0 Expires 9/16/2027 7 0031210\194687\1 1969701v2 Book 10561 Page 929 Instrument# 202-4001581 EXHIBIT "A" LEGAL DESCRIPTION OF PROPERTY SKETCH OF DESCRIPTION PROJECT: SIR 434 AND TUSKAALLA THIS IS NOT A BOUNDARY SURVEY NOT VALID WITHOUT SHEETS 2-3 DESCRIPTION: That part of Lot 8 and Lot 9, JOE E. JOHNSTON'S SURVEY, recorded in Deed Book 147, Page221, Public Records of Sernincle County, Florida, and also being that part of the unplatted part of Block B of D. R, Mitchell's Survey of the Levy Grant, according to the plat thereof as recorded In Plat Book 1, Page 5, Public Records of Seminole County, Florida, more particularly described as follows: Commencing at the Northeast corner of Jesup's Reserve Townhomes Replat, according to the plat thereof as recorded in Plat Rook 71, Pages 86 through 93, Public Records of Seminole County, Florida-, thence run S39*45'03"E along the Southwesterly right of way line of State Road No. 434 per Official Records Book 2803, Page 1023, and Official Records Book 2831, Page 1024, Public Records of Seminole County, Florida, a distance of 291.90 feet for the Point of Beginning; thence continue S39'45'03"E along the Southwesterly right of way line of State Road No. 434 per said Official Records Book 2831, Page 1024, Public Records of Seminole County, Florida, a distance of 150,46 feet-, thence run S49'54'57"W, a distance of 233.19 feet to a paint on a non —tangent curve concave to the Southwest, having a radius of 130.00 feet; thence from a radial bearing of S81*09'51"W run Northwesterly along the arc of said curve through a central angle of 31'19'43", an arc distance of 71,08 feet, having a chord bearing of N24'30'01"W and a chord distance of 70.20 feet; thence run N/10'09'52"W, a distance of 62.87 feet; 'hence run N08'51'00"E, a distance of 8,99 fact to a point on a non —tangent curve concave to the Southeast, having a radius of 48.00 foot; thence from a radial bearing of S76'57'14"E run Northeasterly along the arc of said curve through a central angle of 36'52'12", ari arc distance of 30,89 feet, having a chord bearing of N31'28'51"E and a chord distance of 30.36 feet; thence run N49'54'57"E, a distance of 70.78 feet to the beginning of a curve concave to the Northwest, having a radius of 226.00 feet; 'thence run Northeasterly along the arc of said curve through a central angle of 12*28'04*', an arc distance of 49.18 feet, having a chord bearing at N43*40'55"E and a chord distance of 49.08 feet to a point of reverse curvature of a curve concave to the Southeast, having a radius of 198,08 feet; thence run Northeasterly along the arc OT said curve -through a central angle of 12*15'18", an arc distance of 42.37 feet, having a chord bearing of N43'34'32"E and a chord distance of 42.29 feet to a point of compound curvature Of a curve Concave to the Southeast, having a radius of 33.00 feet; thence run Northeasterly along the arc of sold curve through a central angle of 3315,17", an arc distance of 19.15 feet, having a chord bearing of N66'19'49" E and a chord distance of 18,89 feet to the Point of Beginning', Contains 32,142 square feet or 0.738 acres, more or less. James, signed by 'jaafes R Shannon Shannon' Date.20201 1,04 i-43,34 -05'00' JAMES R. SHANNON -JR,, P1,S. #4671 Nor VAUD WTHOJI THt SIGnA7W-k AND THE SEAL OF A FLORIDA LICENSED SUIRVE" AND MAPPM SHANNON SURVEYING, INC. 499 NORTH S.R. 434 - SUITE 2045 ALTAMONTE SPRINGS, FLORIDA, 32714 (407) 774 -8372 LB # 6898 DALE CIF SOMEY: 11/03/2020 DRAWN HY: RF SCALE; 120' PW—Pr SHEET 1 OF 3 0031210\194687\1 1969701v2 Book1O5G1 Page 930 |notrumanb#2O24OO15D1 SKETCH OF DESCRIPTION pROJEM SR 434 AND TUSKAYAL_A THIS |F, NOT BOUNDARY SURVEY NOT VALID WITHOUT SHEETS 1 & 3 SURVEYORS NOTES 1. Bearings booed on the Southwest right of way line of State Road No. 434 as being 2. | hereby certify that the true and correct to the best of my knowleclae andbelief no recently drawn under in direction and that it meetsthe Standards ^/ for Land Survo�nq yet forth in Flmido Administrative Code Rule 5J-17.05 requirements. J. Not valid without the u|gnutu/o and *ou| of u Florida Licensed Surveyor and Mapper. LINE TABLE UNEI BEARING I LENGTH CURVE TABLE CUR\,E RADIUS DELTA LENGTH RAD, BEARING CH, BEARING CHORD SHANNON SURVEYING, INC. *mNORTH va 434-mxnc2045 Aoxuumrsspwmos. FLORIDA, 32714. (407)774-8372 LB # oaoa g 0081210\194687V1969701,2 DAIE CF WmWY, 11/03/2020 DRAWN NY: Rp____SCmLE: 1' - 17c_ mm-pm-umu- xcnm- 5HEET 2 OF 3 Book 10561 Page 931 Instrument# 202-4001581 SKETCH OF DESCRIPTION PROJECT: SR 434 AND TLISKAMILLA THIS IS NOT A BOUNDARY SURVEY NOT VALID WITHOUT SHEETS 1-2 NA rtfft&S WA Y SHANNON SURVEYING, INC. 499 NORTH S.R. +34 - 5JITE 2045 ALTAMONTE SPRINGS, FLORIDA, 32714 (407) 774-8372 LB # 6898 10 0031210\194687\1 1969701\,2 POINT OF BEGINNING NORDIFAST CORNER OF �,ESUP'S AESMVIE TUhNHWES kEPLAI PLAT BOCK V, PAGE 86 DATE CF WMEY, 11/03/2020 f)RAW-4 NY, SE NCALE; PW-PG,5-0LK13-5KETCfl-3 SHEET 3 OF 3 t 06. Book 10561 Page 932 Instrument# 2024001581 C SKETCH AND LEGAL DESCRIPTION OF WATER LINE EASEMENT AREA SKETCH OF DESCRIPTION PROJECT: WINTER SPRINGS MARKETPLACE PURPOSE: WATER EASEMENT THIS IS NOT A BOUNDARY SURVEY NOT VALID WITHOUT SHEETS 2-3 DESCRIP71ON: That part of Lot 8 and Lot 9, JOE E• JOHNSTON'S SURVEY, recorded In Dead Book 147, Page 221 Public Records of Seminole County, Florida, and also being that part of the unplatted part o{ Block B of DR. Mitchell's Survey of the Levy Grant, according to the plat thereof as recorded in Plat Book 1, Page 5, Public Records of Seminole County, Florida, more particularly described as follows: Cornmencinq at the Northern most corner of Lot 4, Winter Springs Mlarketplace, according to the plat thereon as recorded in Plat Book 88, Pages 5 through 10, Public Records of Seminole County, Florida; thence run S40'09'52"E along the Northeasterly line of said Lot 4, a distance of 60.23 feet to the beginning of a curve concave to the Southwest, having a radius of 130.00 feet; thence run Southeasterly 'long said Northeasterly line of Lot 4 and along the arc of said curve through a central angle of 06'31'50", an arc distance of 14.82 feet, having a chord bearing of S36'53'57"E and a chord distance of 14,81 feet for the Point of Beginning; thence run N49'54'43"E, a distance of 14,70 feet; thence run S40'11'37"E, a distance of 42.83 feet; thence run N49'54'57"E, a distance of 34.34 feet; thence run N40'06'01"W, a distance of 38.15 feet; thence run N04'55'09"E, a distance of 31.66 fact; thence run N49'55'15"E, a distance of 28.61 feet; thence run S40'04'45"E, a distance of 10.00 feet; thence run S49'55'15"W, a distance of 24.4'I feet; thence run SO4'5S'09'x a distance of 23.38 feet; thence run 540`06'01"E, a distance of 44.01 feet; thence run S49'54'57"W, a distance of 77.17 feet to a point on said Northeasterly line of Lot 4 and a point on a non —tangent curve concave to the Southwest, having a radius of 130.00 feet; thence from a radial bearing of S81'09'51"W run Northwesterly along said Northeasterly line of Lot 4 and along the are of said curve through a central angle of 24'47'53", an are distance of 56.26 feet, having a chord bearing of N21'14 06"W and a chord distance of 55.83 feet to the Point of Beginning. Contains 2,488 square feet or 0.057 acres, more or less. SURVEYORS NOTES 1• Bearings based on the Southwest right of way line of State Road No, 434 as being S39'45'03"E• 2, I hereby certify that the above descrihed aroperty is true and correct to the beast of my knowledge and boliof as recently drown under my diroc�ion and that it moots the Standards of Practice for Land Surveying set forth in Florida Administrative Code Rule 5J-17.05 requirements. 3. Not valid without the signature and seal of a Florida Licensed Surveyor and ''Rapper. 4. The electronic, signature hereon is in compliance with the Florida Administrative Cade (FAC) 5J-17.062(3) 5 The seal appearing an this document was authorized by James R. Shannon, PLS 4671 on 10/23/2023 rear 5J17-062(2). tigltally SIg11eCly SHANNON SURVEYING, INC. Jai R` 499 NORTH S.R. 434 — SUITE 2045 i Jairries R Shannon ALTAMONTE SPRINGS, FLORIDA, 32714 (407) 774-8372 L6 # 6898©ae2©23.Q.23 Sh-C`onTE cSURVEY. rai2ai2oz3 .4.42" s , CRAV4 8Y: OP SCALE: 1' = 50•' DAMES P, � NJt, 04.1.$. #4611 30-20-30 1181 E SR434—WATER-2 SKETCH ti1,D��iR e SEAL A tR10A ENIEv�N WA � SHEET 1 OF 3 0031210\194687\11969701v2 Book 10561 Page 933 Instrument# 202-4001581 SKETCH OF DESCRIPTION PROJECT- WINTER SPRINGS MARKETPLACE PURPOSE: WATER EASEMENT THIS IS NOT A ROUNDARY SURVEY NOT VALID WITHOUT SHEETS I & 3 LINE TABLE LINE I BEARING LENGTH Ll I S40'09'52"E 60.23' L2 N49*54*43"E 14.70' L3 9401 1'37E 42.83' L4 N49'54'57"E 34,34' L5 N40*06'01"W 38. 15' 1 L6 N04'55'09"E 31,66' L7 K,49*55'15'E 28.61' L8 S40*04 45"E 10,00' L9 S49'55'15"W 24,47' L10 SO4-W09'W 23.38' Lit S40'06'01"E 44.01' L12 S49'54'57'1V 1 77,17' CURVE TABLE CURVE RADIUS I DELTA I LENGTH I CH. BEARING CHORD CI 130,00- 106'31'50" 1 14.82- 1 1336'53' 7' 1 14.81' C2 1 130.00' 124*1-53-1 56.26' I N2114'06-W 1 55.8.3- S"ANNON SURVEYING, INC. 499 NORTH SM. 434 - SUITE 2045 ALTAMUNIE 'SPRINGS, FLOWDA. 32714 (407) 774-F3372 L9 # 6139B 12 0031210\194687\1 1969701N,2 DATE CF SURVEY: 40/73/2023 DRAM 13y,. BP SCALE: 1' = 5' 35-20-30 118t E S34,34-WATER-2 SKETCH SHEET 2 OF 3 Book 10561 Page 934 Instrument# 202-4001581 SKETCH OF DESCRIPTION PROJECT. WINTER SPRINGS MARKETPLACE PURPOSE- WATER EASEMENT THIS IS NOT A BOUNDARY SURVEY NOT VALID WITHOUT SHEETS 1-2 DATE CF SURVEY: !012312023 SHANNON SURVEYING, INC. DRAM BY, BE SCALE: I' = 50' 499 NORM S.R. 434 - SUITE 2045 ALTAMONTE SPRINGS, FLOWDA, .32714 36-20-30 1165 E SR434-WATER-2 SKETCH (407) 774-F3372 L;3 # B89B SHEET 3 OF 3 13 003121 0\1 94687\11969701 Q Book 10561 Page 935 Instrument# 202-4001581 EXHIBIT "C" SKETCH AND LEGAL DESCRIPTION OF THE WATER LINE EASEMENT AREA SKETCH OF DESCRIPTION PROJECT. WINTER SPRINGS MARKETPLACE PURPOSE: WATER EASEMENT THIS IS NOT A BOUNDARY SURVEY NOT VALID WITHOUT SHEET 2 DESCRIPTION: That part of Lot 8 and Lot 9, JOE E. JOHNSTON'S SURVEY, recorded in Deed Book 141, Page 721, Public Records of Seminole County, Florida, and also being that part of the unplaited part of Block B of DR. Mitchell's Survey of the Levy Grant, according to the plot thereof as recorded in Plot Book 1, Page 5, i-,lublic Records of Seminole County, Florida, more particularly described as follows: Commencing at the Northern most corner of Lot 4, Winter Springs Marketplace, according to the plat thereof as recorded in Plat Book 88, Pages 5 through 10, Public Records of Serninole County, Florida; thence run S40'09*52"E along the Northeasterly line of said Lot 2, a distance of 26.48 feet for the Point of Beginning; thence run S85*19'55"E, a distance of 38,43 feet: thence run SO4'40'05"W, a distance of 10.00 feet; thence run N85*19'55'%*�, a distance of 26.49 -feet, thence run N40*09'52"W along sold Northeasterly line of Lot 2, a distance of 14,10 feet to the Point of Beginning, Contains 335 square feet or 0.008 acres, more or less. SURVEYORS NOTES 1. Hearings based on the Southwest right of way line of State Road No. 434 as being S39'45'03"E. 2. 1 hereby cortity that 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 Standards of Practice for Land Surveying sat forth in Florida Administrative Code Rule 5J-1 1,05 requirements. 3. Not valid without the signature and sea] of a Florida Licensed Surveyor and Mapper, 4. The electronic signature hereon is in compliance with the Florida Administrative Code (FAC) 5J-1Z062(3) 5 The seal (1ppeat1hg oil tblu (JOGUITIcht was (juthorMed by Jainut; R. Shuhror), PLS 401 wi (19/28/202.3 per 5,11'1-062(2). ['Digitally signed Ja M James es, R Sh Sh' .'anngn -a C rl'' _11 Date:1023.09.29 i s.407 -04'00' J A MES " R,, 't H'A' N N 0 N P.L.S. 04671 WT VAfD- M-1H,04T flit `S13-INATURE Ma THE -WL ff A FLORIDA UtE*-ED r sbRVE- M, A14D 14APMEN 14 0031210\194687\1196970lv2 SHANNON SURVEYING, INC. 499 NORTH S.R. 434 - SUITE 2045 ALTAVONTE SPRINGS, FLORIDA, 32714 (407) 774-8372 LA P 6898 DATECf SJJRYEY:09/28/2923 DRA:AW By-, ap SCALE, 1' = 501 36-20-30 1181 E SR434-WATER-1 SKEMH SHEET 1 OF 2 Book 10561 Page 936 Instrument# 202-4001581 SKETCH OF DESCRIPTION PROJECT' WINTER SPRINGS MARKETPLACE PURPOSE- WATER EASEMENT THIS IS NOT A BOUNDARY SURVEY NOT VALID WITHOUT SHEET 1 X SHANNON SURVEYING. INC. 499 NORTH S.R. 434 - SUITE 2045 ALTAMONTE SPWNGS, FLORIDA, 32714 (407) 774-8372 Ul 0 6898 LINE TABLE LINE I BEARING LENGTH Ll S40*09'52"E 26.413' L2 S85*19'55"E 313, 13' L3 504*40'05"W 10.00' L4 N85'19*55'W 28.49' L5 N40'09'52"W 1 14,10' 15 DATE Cf EJJR%IEY-, D8/28/2023 DRKAN B* OR SCALE, I' = 50' 36-2C-30 1181 E SR434-WATER-1 SKEfCH SHEET 2 OF 2 0031210\194687\1196970lv2 Book 10561 Page 937 Instrument# 202-4001581 EXHIBIT "D" SKETCH AND LEGAL DESCRIPTION OF RECLAIM WATER LINE EASEMENT AREA SKETCH OF DESCRIPTION PROJECT. WINTER SPRINGS MARKETPLACE PURPOSE: RECLAIMED WATER EASEMENT THIS IS NOT A BOUNDARY SURVEY NOT VALID VMTHOUT SHEETS) 2 & 3 DESCRIPTION: That port of Lot 8 and Lot 9, JOE E. JOHNSTON'S SURVEY, I, recorded lit Dead Book 147, Page 221 be Public Records of Seminole County, Florida, and also g that part, of the unplatted part o? Block 8 of DR. Mitchell's Survey of the Levy Grant, according to the plat thereof as recorded in Plat Book 1, Page 5, Public Records of Seminole County, Florida, more particularly described as follows: Commencing at the Northeast corner of Lot 2 'rPnter Springs Marketplace, cccordfnq� to the plat thereof as recorded in Plat Book 88, Pages 5 through 10, Public Tecords of Seminole County, Florida; thence run S39*45'03"E along the Southwestright of way line of State Road 434, cl distance of 69.05 feet for the Point of Beginning; thence continue S39*45'03"E along said Southwest tight of woy line, ci distance of 10.08 feet; thence run S43*10'10"W u distance of 6.75 feet; thence run S,39'45'03"E, a distance of 70.54 feet; thence run S49*54"19"W, a distance of 50.00 feet; thence run N85'05'35"W, a distance of 12.05 feet: thence run S49'54'52"W, a distance of 154.06 feet; thence run N40*05'07"W, a distance of 23.42 feet to a point on the Northeasterly litip of Lot 4 of -,old plat of Winter Springs Marketplace and tj Point or) a non—tangentcurve concave to the Southwest, having a radius of 130.00 feet; thence from a radial bearing of S65*16*00"W, run Northwesterly alongg said Northeasterly line of Lot 4 and along the arc of said curve through a central angle of 15-5'52", an arc distance of 36.15 feet having a chord bearing of N32'11*56"W and a chord distance of 36.03 feet; thence continue N401 9,52"W along said Northeasterly line of Lot 4, a distance of 62.67 feet to a point on the Southeasterly line of Said Lot 2- thence run N08'51'00'*E alonesaid Southeasterly line of Lot 2, a distance of 8.99 feet to the beginning of a curve concave o the Southeast, having a radius of 48.00 feet-, thence run Northeasterly along said Southeasterly line of Lot 2 and along the arc of said curve through () central tingle of 04'3()'01'*, an arc distance of 3.90 feet, halving d chord bearing of N15'2216"E and a chord distance of 3.89 foet: thence run S40*09'52"E a distance of 119-89 feet, thence run N49*54'52"E a distance of 143,19 feet; thence run S005'35"E. a distance of 14.61 feet; thence run N19'54'19"E, a distance of 34.09 feet; thence run N39'45'03"N, a distance of 78,98 feet; thence run N50*14'57"E, a distance of 10,00 feet; thence run S39'45'03"E, distance of 6.50 feet; "hence run N43'10'10"E, a distance of 6,75 feet to the Point of Beginning. Contains 4,223 square feet or 0.097 acres, more or less. SURVEYORS NOTES 1, Bearings based on the SO4thWe1qT right of, way line of State Road No, 4.34 as being S39*4503"E, 2. 1 hereby certlf� that the ohova descilhed property Is true and correct to the best of my knowledge and belief as recep ly drawn under my direction and that It meets the Standards of Practice for Land Stirveylnq ,;of forth in Florida Admini3frotive Code Rule 5J-17,05 ru(ju irerc crib, . 1 3, Not valid without the signature and Sea[ of a Florida Licensed Surveyor and Vappor, 4. The electronic signature hereon is In compliance with the Florida Administrative Code (FAC) 5J-17.062(3) 5 The seal appearing an this document -ovas authorized by James R 5J17-0 j ,D419itA4 signed by Jetties'R Shannon Date -,2023 10.23 Shahnpn, 1 3.-23S*6 -04'00' JAME , S Rf SHANNON lik". #4671 im vAdo AnHM Tm95UqA-lUF&'AND IRE SEAL (IF A FLORDA UCENSE) W-;AEYQR AND KAPPER 16 0031210\194687\1 1969701v2 Shannon, PLS 4671 on 10/23/2023 per SHANNON SURVEYING, INC. 499 NORTH S.R. 434 — SUITE 2045 ALTAMONTE SPRINGS, FLORIOA, 32714 (407) 774-8372 LB # 6898 0467E Lf SURVEY. 10/23/2023 DRAYN 13Y, On SCALE: 1' = 50' 3E-20-30 4181 E SR434-REMAIMM-1 SXETCH SHEET 1 OF 3 Book 10561 Page 938 Instrument# 202-4001581 SKETCH OF DESCRIPTION PROJECT. WINTER SPRINGS MARKETPLACE PURPOSE: RECLAIMED WATER EASEMENT THIS IS NOT A BOUNDARY SURVEY NOT VALID WITHOUT SHEETS I t,k 3 LINE TABLE LINE I BEARING LENGTH Ll 1-339'45-03-17 10.08- L2 543'10'10"W 6.75' L3 S39*45'03'E 70.54' L4 S0*54'19"W 50.00' L5 NB5'05'35*'W 12.05' L6 S49'51,'52"W 154.06' L7 N40*05'07"W 23.42' L8 I N40%19'52"1V 62.67' L9 N08'51'00"E 8.99- LI0 S40*04j'52'E 119.89' Lll N'49'54'52*'E 143.19* L12 S85*05'35"E 14,61' Ll .3 N49'54'19"E 34.09' L14 I439'45'03*'W 78.9a' L15 N50'14'57"E 10,00, L16 S39*45'03*"E 6.50' L17 N43'10'10-E 6.75' CURVE TABLE CURVE RADIUS I DELTA ILENGIHI CH. BEAWNG I CHORD Cl 130,00' 115*55'52" 136,15' 1 N-32*11'56"1V 136,03' C2 48.00- 104-39-01"1 3.90- 1 N15-22'16"E 1 3.139* SHANNON SURVEYING, INC. 409 NOR'Ill S.D. 434 — SUITE 2045 ALTAMONTE SPRINGS, FLOWDA, 32714 (407) 774-8372 L9 # 613913 17 0031210\194687\1196970lv2 DATE C4: GIJR*Vry.. 10/23/2D23 CRAYN BY; BE SCALE 1' 36-2D-M ttffl E SR434--,fXLA1MW-1 SKEMI-I SHEET 2 OF 3 Book 10561 Page 939 Instrument# 202-4001581 SKETCH OF DESCRIPTION PROJECT. WINTER SPRINGS MARKETPLACE PURPOSE: RECLAIMED WATER EASEMENT THIS IS NOT A BOUNDARY SURVEY NOT VALID WITHOUT SHEETS I & 2 V 6.7 SHANNON SURVEYING, INC. 499 NOR141 S.14, 434 — SUITE 2046 ALTAMONIE SPRINGS, FLOWDA, .32714 (407) 774-837? L9 # BR98 18 POINT OF 4COMMENCEMENT NORTHEAST CORNER (-T LOT 2 nll AWER SPRINGS MAkKETPLACE PLAT HOOK 110, PACE$ 5-10 POINT OF BEGINNING IPA 'VA 1"N V DATE Cf SURVEY. W23/2223 CRAM BY.- BP SCALE: 1* = 5V 3B-20-30 4181 E SR434-RECLAIMS`-1 SKETCH SHEET 3 OF 3 0031210\194687\1196970lv2