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HomeMy WebLinkAboutTuscawilla Property Investors, LLC Release of Public Utility Easement - 2023 12 12Grant Maloy, Clerk Of The Circuit Court & Comptroller Seminole County, FL Inst #2024001583 Book:10561 Page:958; (1 PAGES) RCD: 1/5/2024 10:49:51 AM REC FEE $10.00 PREPARED BY AND RETURN TO: Nicole Latham Carolan, Esquire Winderweedle, Haines, Ward & Woodman, P.A. Post Office Box 880 Winter Park, FL 32790-0880 RELEASE OF PUBLIC UTILITY EASEMENT KNOW ALL PERSONS BY THESE PRESENTS THAT the City of Winter Springs, Florida, a Florida municipal corporation, whose mailing address is 1126 East State Road 434, Winter Springs, Florida 32708, as the holder of that certain Public Utility Easement recorded in Official Records Book 10264, Page 562, of the Public Records of Seminole County, Florida (the "Easement"), for good and valuable consideration, the receipt of sufficiency of which is hereby acknowledged by it, does hereby release said Easement and hereby agrees that from and after the date hereof the therein described real property shall be freed of the Easement and the rights and privileges granted therein and directs the Clerk of Court to cancel the Easement of record. IN WITNESS WHEREOF, the City of Winter Springs, Florida has caused this Release of Easement to be signed this / / : - ` day of . , j, r , , 2023. City of Winter Springs, Florida, a Florida mucipalr corporation Signature: ° v By: Print Name: Print NAie' : r 1 f ' i 44s- �� • r .. Signature Print Name. A�, STATE OF _ . r •, COUNTYOF >, :.,., �t�" •� �0 The foregoing instrument was acknowledged before me by means of ("physical presence or ❑ online notarization, this _+ _�L day of j .. � , , 1, z 2023, by ; ; j," as . of the City of Winter Springs, Florida, a Florida municipal corporation, on behalf of said corporation, who M is personally known to me or ❑ has produced as identification and did not take an oath. S Notary Public State of Florida Notary Public Christian D Gowan y My CotT11111S810n HH 433379 Print Name Expires 9/16/2027 My Commission Expires: Grant Maloy, Clerk Of The Circuit Court&Comptroller Seminole County, FL Inst#2022073229 Book:10264 Page:562-575; (14 PAGES) RCD: 6/23/2022 11:05:39 AM REC FEE $120.50 Prepared by and return to: City of Winter Springs, Attn: City Manager 1126 East S.R. 434 Winter Springs, FL 32709 PUBLIC UTILITY EASEMENT THIS EASEMENT is made this day of J 0 2022, by TUSCAWILLA PROPERTY INVESTORS, LLC, a Florida limited liability company, having a mailing address of 630 S. Maitland Avenue, Suite 100, Maitland, Florida 32751 (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. 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 1 0031210\194687\11969701Q Book 10264 Page 563 Instrument#2022073229 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" 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 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. 2 0031210\194687\11969701Q i Book 10264 Page 564 Instrument#2022073229 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 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 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. 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. 3 0031210\194687\11969701v2 I Book 10264 Page 565 Instrument#2022073229 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 Easement for the public utilities described herein, Grantee, at Grantor's written request, agrees to execute an appropriate written instrument to terminate this Easement. 4 003121 0\1 94687\1 1969701v2 Book 10264 Page 566 Instrument#2022073229 IN WITNESS WHEREOF, Grantor and Grantee set their respective hands on the day and year above written. GRANTOR: WITNESSES: TUSCAWILLA PROPERTY INVESTORS, LLC, a Florida limited liability company Print Name: By: Ryan P. tah1,4 nager Print Name: go SS 44 YA TT STATE OF T C- COUNTY OFTj r °`� The foregoing instrument was acknowledged and sworn to before me by means of( ) online notarization or(__)t)physical presence,this day of `� �, ,2022,by Ryan P. Stahl, as Manager of Tuscawilla Property Investors, LLC, a Florida limited liability company, who is/is not personally known tome, or has produced b Jp r`s Ctc as identification. NOT A PUBLIC Abbey M Owen w� Notary Public f Transylvania County, NC K4y Commission Expires October 10,2023 5 0031210\194687\11969701v2 Book 10264 Page 567 Instrument#2022073229 GRANTEE: WITNESSE CITY OF WIN S GS Print Name: J�kiTf E By: Shawn Boy15/11 �it,�yrrP fJ/. � City Manager ' rint Name: o. 4. '. ., J STATE OF FLORIDA COUNTY OF SEMINOLE ''..�' �fylN©1► ' J' The foregoing ins"ment was acknowledged aTa sworn to before me, by means of( ) online notarization orO physical presence this y of ; j)a'L. , 2022 by Shawn Boyle, City Manager of the,City of Winter Springs Florida(Eh /is not personally.Lmown to me, or has produced AA- as identification. NOTARY PUBLIC if � Notary Public State of Florida • Tristin M Motter c. p� My Commission GG 953677 a�c� Expires 02/02/2024 6 0031210\194687\11969701v2 Book 10264 Page 568 Instrument#2022073229 EXHIBIT "A" LEGAL DESCRIPTION OF PROPERTY SKETCH OF DESCRIPTION PROJECT. SR 434 AND TUSKAWILLA THIS IS NOT A BOUNDARY SURVEY NOT VALID WITHOUT SHEETS 2-3 DESCRIPTION': That part of Lots 8 throu 9, JOE E XHNSTON*S SURVEY, recorded In Dead Book 147, Pago 221. Public; Records at Seminole Gouty. FIctidc, and also Luting that pair at Lot 8 Bloch A. and that part at lire unpiottad part of Block B of D, R Mitchell's Survey of the Levy Grant, according to the plot thereof as recorded In Plot Book 1, Page 5. public Records of Seminole county, Florida, and also that part of the vpCote'd Street as not forth in Resolution recorded in Official Records Book 2972, Pogo 373 more particularly described as follows: commence at the Northeast corner of Jesup's Reserve Tov-uhw,co Rcplot, according to the plot thereof or; recorded in Plot Book 71. Pages 86 through 93, Public Records of Seminole County, Florida; thence ran S39*45'03'E along the Southwesterly tight of way fine at State Road No. 434 per Official Records Book 2803. Pago 1023, and Official Records ?18131, Page 1024, Public Records of Seminole county, Florida, a distance of 291.90 feet for a Point of Beginning and a point on a non-tangent curve Concave to the Southeast, having a rndiijr of 33.(A fact: thence from a radial hearing of S07*02%37"E (ion Snothwastculy along the are of said curve through a central angle of 33*15'17*, an arc distance of 19.15 feet, having a chord bearing of S66*19'49'W and d chord distritiCs, of 18-89 feet to 0 point Of Compound WtvdlUto 01 d Calve concave to the Southeast, having a radius of 198.08 feet; thence run Southwesterly along the are of sold curve through a central angle at 12*15'18", an are distance of 42.37 feet, having a chord beating of S43*34'32"W and a chord dMqr)cc of 47.29 feet to q point of reverse curvature of a curve concave to the Northwest. having q radio:; of 226.00 feet; thence top Southwesterly along the arc of said curve through a central angle of 12'28'04'. an Itc distance of 49.1E feet, having a chord boating of S43'40*55'W Ohd it chold distance of 49.08 feet. thence run S49'54'57'W, a distance of 70.78 feet to the beginning of a curve concave to the Southeast. having a radius of 48.CO feet, thence run Southwesterly along the are of qdid curve through a central angle of 36*52*12% on are distance of 30,89 foot, having a chord hearing of S31'28'51"W and a chord distance of 30.36 feet; thence tun S08'51'00*W, a distance of 8.99 feet: thence run S40'09'52'E, a distance of 62.67 feet to the beginning of a curve concave to the Southwest, having a radius of 130-GO feet; thence run Southeasterly along the arc of said curve through a central angle of 42'10*04", an arc distance of 95,68 fool, having a chord hearing at S19'04'50'E and u chord distahca at 93.53 feet to d Point of revalue CUtVITWO Of a Curve concave to the Northeast, having a radius of 15-00 feet; thwco run Southeasterly along the are of sold curve through a central angle of 42'05'15% air arc distance of 11,02 feet, having a chord bearing of and a chord distance of 10.77 feet: thence run S40'05'03"E, a distance of 17800 feet to the beginning of a curve concave to the Northeast, having a radius of 20,00 feat, thence run Se',ithoosterly along the ate at said curve through a colittal angle at 35*56'47'. air ate distance of 12.55 feet, having a chord hearing of S5B*03'27'E and a Chord distance of 12.34 foot: thence run S76'01*50"E, a distance of 60.93 foot to the beginning at a curve concave to the North, having a radius of 24.33 teat; thence run Easterly along the are of said curve through a central angle of an are distance of 13.09 feet, having ci chord bearing of N88'33'05*E and a chord distance of 12.94 feet to a point of compound curvature of a curve concave to the Northwest, having d radius of 2.W feet; Thence tun Noithetisrelly along the ate of -sold curve through a central angle of 59'4928", an arc distance of 2.09 tent, having a chord bearing of N43*13*15"E and a chard distance of 1.99 feet: thence tun N13*18'28'E along the West right of way line of TLISKAWILLA Read per Official Records Doak 8377. Page 27. Pirblic Record% of Seminole Ccopty, Florida, o distance of 223,26 feet; thence Continue N13'15'20'W along sold 'Mast right at way line, a distance of 44.85 feet; thence run N39,45,03"W along Said Southwa%telly right of way lino of State Road No. 434. a distance of 253.96 feet to the Point of Beginning; Contains 84,951 square feet or 1.95t1 acres, more or less. SHANNON SURVEYING, INC. 49,) NORTH S.R. 434 - SUITE 2045 James James R Sh4nnon ALTAMONTE SPRINGS, FLORIDA, 32714 R (407) 774-8372 LB 6898 1 e Wt4;�OM 11�04 Shannon mit or"vEt u)/28/2020 0RAsM at..R��SCALE- 120' JAMES R. SHANNON JR., P.I-S, #4671 NOT VAX,WTHOUT ME 510RATLOE A*O 7W SEAL OF A FLOROL ur."IFO%ist"rym AM WAPPM SHEET 1 OF 3 7 0031210\194687\1 196970lv2 Book1D2G4 Page 569 |notrument#2O22O73223 SKETCH OF DESCRIPTION PROJECT: SIR 434 AND TUISKAWILLA THIS 113 NOT A BOUNDARY SURVEY NOT VALID WITHOUT SHEETS I & 3 LINE TABLE LINE I BEARING LENGTH CORVE TABLE CURVE RADIUS DELTA LENGTH RAD, BEARING CH. BEAWNG CHORD SURVEYORS NOTES 1. Elearings based On the Squthwost right of way live of State Road No, 434 ot; being S39'45*03-E- 2 1 hereby certify that the above described gopetty Is true and correct to the best of ", knowledge and belief ns fe-certly drawn tinder my diret lion and that it mea�s the Standords of Prylctice for Lond S�jrvoyinq set forth In Florida Administrative Code Rule 5,�-17.05 requirements. 3, Not vnIld withoot the signature and seal of a Florida Licensed Surveyor and Mappor Book 10264 Page 570 Instrument#2022073229 SKETCH OF DESCRIPTION PROJECT: SR 434 AND TUSKAWILLA THIS IS NOT A BOUNDARY SURVEY NOT VALID WITHOUT SHEETS 1-2 \ POINT OF COMMEtWCEM04T woe rommows RvLAr S F1AT aocl C 71, 0 N 0. 4,a f '' y� �06 , y L2 �� A o r r ¢i coF r 04 0 j C7 •w��r yin � �.f hrFi A W uxrI-- cc roAn� s WAY 682•27' IVAMRES WAY OME Cf tEY: 10/2A/2070 SHANNON SURVEYING, INC. DRAVN BY, 4LE. 490 NORTH S.R. 434 — S4,31TE 2045 ALTAVONTE SPRI"NGS, FLORIDA, 32714 tit-wCs-btY EZCN—sF12 (407) 774-8377 LR 11 6898 SHEET 3 OF 3 9 0031210\194687\11969701Q Book 10264 Page 571 Instrument#2022073229 EXHIBIT "B" SKETCH AND LEGAL DESCRIPTION OF EASEMENT AREA SKETCH OF DESCRIPTION PROXCT: WINTER SPRINGS MARKETPLACE PURPOSE: WATER EASEMENT THIS IS NOT A BOUNDARY SURVEY NOT VALID %MTHOUT SHEETS 2 & 3 DESCRIPTION: That part of Lots 7 through 0, XE E XHNSTON'S ".. , W� recorded in Dead Book 147, Page 221, Public Records of Seminole County, Florida. and also being that part of Lot Block A. and that part of the moutted W of Black B of D. R. lArtchell's Survey of the Lavy Grant, according to ilia plot thereof as recorded in Plot Book 1, P P,#Ni Records of Sornlrola Co inn Florida. and also chat poll of the vacated Street as slat forth in Resolution I ac"A In Official Records Book 2. pugie, 373 mote putticulatly described as follows: Commencing at the Northeast corner of Jesup's Reserve Towrhcirnos Roplat, according to the plat thereof no recorded In Plat Book 71, PX9 8 tf�r 6 V fgh93, Public- Records at Seminole County, Florida; thence run S39*45'0.3*E along the! Southwest fight .0y line St ate Rood 434, a distance of 344,02 feet for the Point of Beginning: thence continue S3915'03'E, a distance of 31,41 foot; thence run S40'46'57*W, a distance of 35,42 foot; thence run S40V3'03'E: a distance of 18.98 feet thence tun S48'3VOI"W, a distunce of 126.20 feet to the blogirinir of a curve concave to the Northwest, having a radUs of 61M feet; thence tun Sodtbwestelly along the arc a curve through a central angle of 53'24'48", an arc distance of 56"87 feet, having a chord bcgr16 of 575-17'25-W and (I chord distance of 54.83 feet. thence run S40'05'03'E, a distance of 15.60 feet. thence run 144954'43*E. a distance of 10.28 feet; thence run S4O'll'37"f- a distance of 19.41 foot; thence run S49'5^2"W, a distance of 10.32 feet; thteco run S40'05'03't, a distance of 14.91 foot; thence run 500101'44'W, a clotacco of 13.08 foe; thence run S40*05'03**E, a distance of 41.89 feet; thence run S49*54'57'W, a distance of 10.00 feet; thttice tun N4"5'03'W, d distance of 17.44 fee. thence tun S49'54'57'W, d distance of 15.43 feel to (I point on d lich-tah9mit curve concave to the ScAlth.asi. having a radius of 130,00 foot: thence from n radial hearing of ". 0*48121'W, run Northwesterly along the are of said cdiva through a co-ottal angle of 05'31'48", an arc distance of 12.55 foot, bovi"a ch4d beating of 1,102157'33'W and a chord distance of 12.54 feet: thence tun N49*54'57'E, a distance at 7.82 fee',; thence pin N40'05'03`4V, q distmica of 13.08 feet to Q point on a non-tangent curve concave to the Southwest. ha4q a rodms of 130.00 foot: thence from a radial hearing of S7712'51*W. run Northwesterly along the arc of sold curve through a control angle at 27'42'43', do ate distance of 62.88 feet, having a chord beating of N26'18'31'W and a chord distance of 62-27 feet; thence run S40'09'52'E, a distance of 62.67 feet; thence run SO8'51'00'W. a distance of 4,80 feet; thence run S40*5'03*E, a disitartco of 34.46 foot; tKcnco run N49'54'57'E, a distance of 7.54 feet; thence run S4OV5'O3'F_ a distance of 10.00 feet; thence tun S49-54'57"W, a distance of 7.54 feet to a Point an a non-torgent curve concove to the Northeast, having a radius of 51.Uo feat" thence front 0 radial hearing of S77*32'51'W. nin Northeasterly along ilia arc of said coves through a central each of 71'59'27". an arc datatioe of 64.08 feet, having a chord bearing of N84'34'45"E and a :hard distance of 59.95 feet. there run N48*35'01"E, a distance of 116.43 feet; thence run N40*05'03'W, a distance of $9.22 feet; thence tun IN49*49'53*F- a distance of 3431 feet; thence run N40V5'03'W. a distance of 21A2 "; thrinco run N49*54'57'E, a distance of 11,29 feet to the Point of Beginning. Cortcinn 4,134 equals foot or 0,1195 sans, morn or is". SURVEYORS NOTES 1. flediltiqu bused at, the Soj',h%est light of way line at State Rood No. 434 as being 539*45'03'C 2. 1 hereby cattily that the above desctibed property is true and correct to the best of my knowledge and belief as fecentl drown under my directionand that it meets the Standards of Practice far Land Surveying "A forth in Flor4do Administrative Code Rule tecluhaments. 3. Not valid without the signahito and seal of a Florida Licersal Sarvaycf and mapper, 4. The electronic signature hereon In in compliance with the Florida Administrative Code (FAC) 5,1-17.062(3) .5 The sad appearing on this document *cis authorized by ;omes P. Shonnot), PILS, 4671 on 06/07/2022 per SHANNON SURVEYING, INC. Jam, D11 Ita Ity signed by 499 NORTH S.R. 434 - SUITE 2045 Jzimes R Shannon ALTAMONTE SPRINGS, FLORIDA, 32714 S h a In o n `e;10'22,06.07 (407) 774-8372 LB 111 6898 114:14:1'6-04'00' WE Cr SLANfh 0612/2022 ORAV04 OT SCALE' 1204 JAMIE$ R,,ShIANNOR'°*'. f11-S. #4671 P3I-M-0LX6-WA7CR-AV1AdN1 NSItis 1,10T V"VIMOVT r9f-SW4nM AOO*n4E MAIL OF A npAm UbC"M OLMYEYM APO WAPM SHEET I OF 3 10 003121 0\1 94687\1196970 1 v2 Book1D2G4 Page 572 |notrument#2O22O73223 SKETCH OF DESCRIPTION PROJECT: WINTER SPRINGS MARKETPLACE PURPOSE: WATER EASEMENT THIS IS NOT A BOUNDARY SURVEY LINE TA13LE UNE TABLE CURVE TABLE CURVE RADIUS DELTA LENGTH RAI), BEARING CH. BEAkING CHORD |l Book1D2G4 Page 573 |notrument#2O22O73223 SKETCH OF DESCRIPTION PROXICT: ONTER SPRINGS MARKETPLACE PURPOSE: WATER EASEMENT THIS IS NOT A BOUNDARY SURVEY NOT VALID WITHOUT SHEETS 1 2 Al CID ALTAMONTE SPRINGS, FLORIDA. .32714 12 Book 10264 Page 574 Instrument#2022073229 SUBORDINATION OF MORTGAGE TO EASEMENT KNOW ALL MEN BY THESE PRESENTS: WHEREAS, One Florida Bank, a Florida banking corporation (the "Mortgagee") is the owner and holder of that certain Mortgage, Security Agreement, Financing Statement and Assignment of Rents executed by Tuscawilla Property Investors, LLC to and in favor of Mortgagee recorded in Official Records Book 9757, Page 1364, as affected by that certain Cross- Default and Cross-Col lateral ization Agreement recorded in Official Records Book 10108, Page 57, that certain Assignment of Rents, Leases, Profits and Contracts recorded in Official Records Book 9757, Page 1386, and that certain UCC-1 Financing Statement recorded in Official Records Book 9757, Page 1396, all of the Public Records of Seminole County, Florida, and that certain Mortgage, Security Agreement, Financing Statement and Assignment of Rents executed by Tuscawilla Property Investors, LLC to and in favor of Mortgagee recorded in Official Records Book 10107, Page 1, as affected by that certain Cross-Default and Cross- Collateral ization Agreement recorded in Official Records Book 10108, Page 57, that certain Assignment of Rents, Leases, Profits and Contracts recorded in Official Records Book 10107, Page 20, and that certain UCC-1 Financing Statement recorded in Official Records Book 10147, Page 359, all of the Public Records of Seminole County, Florida (collectively, the "Mortgage"); and WHEREAS, the Mortgage encumbers the Property described in the within and foregoing Public Utility Easement executed by Tuscawilla Property Investors, LLC to and in favor of City of Winter Springs, Florida (the "Easement"), to which this Subordination is attached and of which it forms a part; and WHEREAS, the parties to the Easement have requested Mortgagee to join in and consent to the Easement for the purpose of subordinating the lien and encumbrance of the Mortgage to the Easement; NOW THEREFORE, in consideration of the premises hereof and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Mortgagee hereby states and declares as follows: A. That Mortgagee hereby joins in and consents to the Easement. B. That Mortgagee hereby subordinates the lien and encumbrance of the Mortgage to the Easement and agrees that the Easement shall survive any foreclosure of the Mortgage. IN WITNESS WHEREOF, Mortgagee has caused these presents to be executed in manner and form sufficient to bind it as of the date of the Easement. Book 10264 Page 575 Instrument#2022073229 ONE FLO , a Florida banking Corp o� ion By: Name: --� Cz �c Title: Address: 33 West Pineloch Ave., Suite A Orlando, Florida 32806 STATE OF FLORIDA ) COUNTY OF The foregoing instrument was acknowiwged before me by nNans of `fiysical presence or ❑ online n rization this Icy day of ��. n , 2022 by 1 i G n (� as 1 of ONE FLORIDA BANK, a Florida banking corporation, on behalf of the bank. He/she is personally known to me or has produced as identification. (NOTARY SEAL) Notary Vublic Name rinted:: Commi sio o.: i •s�sw MONICAFINNIMORE My Commission Expires: ' o .... 10•. MY COMMISSION#GG 209276 a EXPIRES:July 0,2022 1' :,a��:O' BondedThru Publtcundervrtiters i