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HomeMy WebLinkAboutTuscawilla Property Investors LLC Public Utility Easement - 2023 12 12Grant Maloy, Clerk Of The Circuit Court & Comptroller Seminole County, FL Inst #2024001582 Book:10561 Page:940-957; (18 PAGES) RCD: 1/5/2024 10:49:50 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 _00� ,ri " THIS EASEMENT is made this 21" day of I�k� er, 2023, 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 0031210\194687\11969701v2 Book 10561 Page 941 Instrument# 2024001582 and character and to the extent hereinafter set forth (`Basement") 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" and EXHIBIT "C" 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 e) 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 2 0031210\194687\11969701Q Book 10561 Page 942 Instrument# 2024001582 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 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. 0031210\194687\11969701v2 Book 10561 Page 943 Instrument# 2024001582 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 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 0031210\194687\1 1969701 v2 Book 10561 Page 944 Instrument# 2024001582 IN WITNESS WHEREOF, Grantor and Grantee set their respective hands on the day and year above written. GRANTOR_ WITNESSES: a Print Name:G—r%is TUSCAWILLA PROPERTY INVESTORS, LLC, a Florida limited liability company By 10 rin Name: S MILE STATE OF COUNTY OF Ryan . tal anager The foregoing instrument was acknowledged and sworn to before me by means of O online notarization or O physical presence, this I& day of _ , 2023, by Ryan P. Stahl, as Manager of Tuscawilla Property Investors, LLC, a Florida limited liability company, who is/ipersonally known to me, or has produced as identification. o,��,tlYaUg�% KRISTIN BANKS • * * Commisslon # HH 406810 -S' f`-4 Expires June 4, 2027 �11AAI'JO R PUBLIC 0031210\194687\11969701v2 Book 10561 Page 945 Instrument# 2024001582 GRANTEE: WI S CITY 0 WIN7jER SPRINGS Print ame: Ay; f 4{ - Title: P rnt a e: o ' 4 as ►—, STATE OF FLORIDA `oJ COUNTY OF SEMINOLE 3f�,/1l10�'F. The foregoing instrument was acknowledged and sworn to before me, by means of () online notarization or ( ) physical presence this " .. „_ day of ` , ::: .., i, . ; 2023 by 6f,• I'li ° for the City of Winter Springs Florida who Wis not personally known to me, or has produced `` as identification. fl. . e; NOTARY PUBLIC E. - Notary Public state of Florida Christian D Gowan My Commission HH 433379 Expires 9/15/2027 6 0031210\194687\11969701v2 Book 10561 Page 946 Instrument# 2024001582 EXHIBIT "A" LEGAL DESCRIPTION OF PROPERTY 0031210\194687\11969701v2 Book 10561 Page 947 Instrument# 202-4001582 SKETCH OF DESCRIPTION PROJECT. SR 434 AND TLISKAWILLA THIS IS NOT A 130ON'DARY SURVEY NOT VALID WITHOUT SHEETS 2 & 3 025CRIPTION: That part & Lot 9, �;OE E. JOHNSTON'S SURVEY, recorded in Deed Book 147, Page 22% Public Records c�,' Seminole County, Florida, and also being that part of Lot 8 Block A. and that part of the unplatted part of Block 8 of D. R. Mitchell's Survey of the Levy Grant, according to the plot thereof as recorded In Plot Back 1, Page 5, Public Records of Seminole County, Florida, and also that part of the vacated Street as sot forth In Reiclution recorded in Official Records Boats 2972, Page 373 more particularly described us follows; Cowlrttawdliq at the N(jr*txlst comet of JesLt%; Rveiatve Towliholneti Rt.-plat, arx.otdlho tcithe slat thereof der recorded to Plat Book 71, Pages 86 thro,,i9i 93, Pijbile Record,- of Seminole County, Florida: thence run 539'45'0.3'E dlotig the SewthwetArrly tight of way 11t,e of Stater Road No. 4'11 pear Offickil Rucotclu Book 28013, Page t023, and 1,11ficid fz"ojds Buok 28.3% Page 1024, Public Recordo of Seminole County, Florida, a di*turre of 442.36 foot for the Point of Beginning; thence continue S3EY45'03'E along said South right of way line, a distance of 101501 feet; thence run Sl3'15'2G'E along the West right of way line of Tuskarvilla Road per Official Records Bock 8377, Page 27, Public Records of Seminole County, Florida, a distance of 44.85 feet: thence continue S13'113'28'W along isold West right of way line. a distance of 223.26 feet to a point on a non -tangent curve concave to the Northwest, h, oving a radius of 2,00 feet, thence from a radial hearing crf N76AV29"Al tim Southwesterly along the are, of said carve thtn[IfIll (I contrd fit.-gle of 59,49,28", (lit arc distance of 2.09 feet, hovirtq a chord bearing of 54,113'1a"16 and a ukord dis+-ancu uO 1,99 feet to a it of cotrpoJnd ckitvatmo of (i carve,connive to the Notth havIng tj lailldf, of 24.33 feet; thence ran 1Yeutetly along the arc, of said Curve through a central angle of 30*50'10", or arc d1utanco of 13,09 feet, having a chord bearing of 586'33'05"W and a chord distance of 12.94 fact; thence run N76'01'503"W, a distance of 60,93 feet to the beginning 0 a curve concave to the Northeast having a radius of 20.00 toot; thence run Northwesterly along the arc of said "rye through a central angle of 35'56'47", an are distance of 12.55 feet, having ui chord hearing of N58'03'27'W and a chord (11-statice of 12,34 feet; thence run o distance of 178.00 feet to the beginning) of a curve concave to the Northeast haying a radius of 15.Cf) feet; thvvco wr Nutthwustutly ul9tig the, orc, at MUld FUtve 14fuugl'i o central angle of 42'05'15", (m arc d1%tuhce of 11.02 feet, having a chord bearing o' N19*02'26"W and a chord distance or 10.77 toot to a point of rcvaruc curvature 06 a curve concave to iho West, having a radf,v; of 130.00 foot; thorco run Nrrtborly along the arc of said curve through a control angle of 10'50*21", an arc distance of 24.59 feet, having a chord bearing 01, 63'24'59"W and a chord distance of 24.56 feet, thence run 1449'54'57"E, a distance of 233.tg feet to the Point of Beginning; Contains 52,809 square feet or 1.212 acres, more or less. SURVEYORS NOTES 1, Hearings based cri the Southwest right of way line of State Road No, 434 as being 539*45'03"E. 2. 1 hereby certify that the above de5cribed property is trac and correct to the best, of my knowledge and belief as recently drawn under my direction and that it mcots the 'Standards at Practice for Land 5urvoying sot forth in Flcridu Admini3trutivo Code Rult, toquircment5. .3, Not valid without the signature and real of a Florida Licensed Surveyor and Mapper. 4. The electronic signature hereon is in compliance with the Florida Administrative Code (FAC) 5J-17.G62(3) 5 The twil oppoal-111A (,,I, this <Iortimart ww+ mithorlie4 by Jtwop R, 5hanpon, PL9 4671 on 07/1.3/2G22 per SHANNON SURVEYING, INC. `-�g' 499 NORTH S.R. 434 - SUITE 2045 y Jam`e "tally signed bALTAVOINTE SPRiNGS, FLORIDA, 32714 �-R -- J - eiR Shannon (407) 774-8372 LB 0 6898 hannon Ddt6.2022.07,113 DATE Cf Mpy�Ey: UIAS/2022 S1- - 1617:09 -0400' D;mAw 131 -rYl S-,ALE. 1' = 120' JAMM%,,; SHANNON JkZ (' L.S. #4671 nit-r1G---r3LXn-",ETCH-7 w"T YAUQ1,M1HNT IHE-V,�4TVRE MD THE SEAL rf A. FLnRTi)A VViSE0 SQ$WonoonoMAPPER SHEET 1 OF 3 0031210\194687\1 196970 1 Q Book 10561 Page 948 Instrument# 2024001582 0031210\194687\1 1969701 Q Book 10561 Page 949 Instrument# 202-4001582 SKETCH OF DESCRIPTION PROJECT: SIR 434 AND TUSKAWILLA THIS IS NOT A BOUNDARY SURVEY �40T VALID 'NITHOUT SHEETS 1 & 2 DETAIL NOT 70 SCALE cl t4 C2 op, f 10 f0v 010 v SHANNON SURVEYING, INC. 499 NORTH S.R. 434 — SJITE 2045 AL7AMONTE SPWNGS, FLORIDA. 32114 (407) 774—B372 LA 0 689B ,----POINT OF COMMENCEMENT NORDFAST GOMFq OF ,IESU"S RUERVE -MMHONES REPLAT PLAT B004 71, PAGE 86 N Ole, K0 SLYJT4 LM- UP Nok TH ;?/Fv I'INE % NATURES WAY NA7LIRES wAy 10 0031210\194687\1 1969701v2 FM DATE cf StIR fY W/1-1/2D22 MRON M', SaALE7, I' = 120' Pitt.-PM-EUB-SXETCH-7 SHEET 3 OF 3 Book 10561 Page 950 Instrument# 2024001582 SKETCH AND LEGAL DESCRIPTION OF THE WATER LINE EASEMENT AREA 11 0031210\194687\11969701v2 Book 10561 Page 951 Instrument# 202-4001582 SKETCH OF DESCRIPTION PROJECT- WINTER SPRINGS MARKETPLACE PURPOSE: WATER EASEMENT THIS IF, NOT A BOUNDARY SIORVEY NOT VALID WITHOUT SHEET 2 DESCRIP11ON: That part of Lot B and Lot 9, JOE E. JOHNSTM'S SURVEY, recorded In Dead Book 14-7 Page 221 Public Records of Sernincle County, Florida, and also being that part of the urplatfed part 0? Block 8 of DR. Mitchell's Survey of the Levy Grant"according to the plot thereof as recorded in Plat Book 1, Pago 5, Public Records of SamitioloCounty, Florida, more particularly described ass follows: Cornmencinq at the Northern most corner of Lot 4, Winter Springs Marketplace, according to the plot therm- as recorded in Plat Book Fitt, 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 along said Northeasterly line of Lot 4 and along the arc of said curve through a central angle of an arc distance of 11,08 feet, having (3 chord bearing of S24*30'01"E and a chord distance of 70.20 feet for the Point of Beginning; thence continue Southeasterly along said Northeasterly line of Lot 4 and along the are of said curve through a central angle of 08'3B'30', an are distance of 19.61 feet, having a chord bearing of SO4'30'54"E and a chord distance of 19.59 feet; thence run N49'54't0"E ' a distance of 15,46 feet: thence run 'S40'05'0YE, a distance of I/A4 feet: thence run N19'54'b'/--i, , distance of 10'.00 feet: thence run N40'05'03"W, a distance of 33.37 feet; thence run S49*54'57"W, a distance of 14,03 feet to the Point of Beginning. Contain,. 484 liCiddlU f(-t!t Or 0,011 acres, intro ot lass. SURVEYORS NOTES Bearings based on the Southwest right of way line of State Road Nlo, 134 (is being S39*45'03"E. 2. 1 hereby certify that the above described roperty Is true and correct to the best of tpy knowledge and belief at; recoritly drawn under'arty direction and that it rt)00tS 1110 Stuvdardzi of Piactico -,Qf Lund 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 Mapper. 4. 'The electronic signature hereon is in compliance with the Florida Administrative Code (FAC) 5,1-17,062(3) 5 'The seal appearing an this document was authorized by James R. Shannon, PLS 4671 an 10/23/2023 per 5,117-062(2). Jam"n-s-" q!gbily signed by ICU James -RShannon Dat6:1023.10.23 n o n --1 31:25:23-04'00' JAVES- 4#,, SAAN'NoN'JR.". P.L.S. #46 11 NUT 4) - WE -13'N'ATUM AND YHE SEAL CF A 1`10ROA U INSE) "GETDAND MAPPER 12 0031210\194687\1 1969701v2 SHANNON SURVEYING, INC. 499 NORTH S.R. 434 - SUITE: 2045 ALTAMONTE SPRtNGS, FLORIDA, 32714 (107) 774-8372 LB # 6898 DATE CF SURVEY:',a/2-3/ZD2J CRAYN Ery, 13P SCALE: V = 501 M-20-30 118t E SR434-WA1ER-3 SNETCH SHEET 1 OF 2 Book 10561 Page 952 Instrument# 202-4001582 SKETCH OF DESCRIPTION PROJECT. WINTER SPRINGS MARKETPLACE PURPOSE: WATER EASEMENT THIS IS NOT A BOUNDARY SURVEY NOT VALID WITHOUT SHEET 1 Ewa NN 0*& 1 zv. R 4 cly �'A C2- CJR\,E TABLE CURVE RADIUS DELTA LENGTH CH. 13EARING CHORD Cl 130.00' 11.08' 524*30*01"E l0'20' C2 130,00' 1 (,)R'3,9'3f)" 19,61' SO4*30'54"E 19-59, SHANKON SURVEYING, INC. 499 NORld S.R. 434 — SUITE 2045 ALTAMONTE SPRINGS, FLOWDA, 32P4 (407) 774-13372, 1-9 ff 13139115 13 0031210\194687\1 1969701v2 "n �p LINE TABLE LINE BEARING LENGTH Ll S40'09'52'E 60,23' L2 N49'54'51"E 1 5A-S L3 S40'05'03"E 1744' L4 N49'54'57"E 10, GO' L5 N40*05'03"WI 3 3-3 /' I S49"51'57'W 1 14,03' N*4 DATE CF SURVEY: 40/2.1/2021 DRAYN BY, BP SCALE: 1' = 50' M-20-30 I E S;t434-'KA7ER-3 SKETCH SHEET 2 OF 2 Book 10561 Page 953 Instrument# 2024001582 EXHIBIT "C" SKETCH AND LEGAL DESCRIPTION OF THE RECLAIM WATER LINE EASEMENT AREA 14 0031210\ 194687\ 11969701 v2 Book 10561 Page 954 Instrument# 2024001582 SKETCH OF DESCRIPTION PROJECT. WINTER SPRINGS MARKETPLACE PURPOSE- RECLAIMED WATER EASEMENT THIS IS NOT A BOUNDARY SURVEY NOT VALID WITHOUT SHEET 2 DESCRIPTION: That part of Lot 8 and Lott 9, JOE E. JOHNSTON'S SURVEY, recorded In Deed Book 147, Page 221 Public Records of Serninole County, Florida, and also being that par of the unplatted part of 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: Cornmencing at the Northeast corner of Lot 2, Winter Springs Market lace, according to the plat thereof as recorded in Plat Book 88, Pages 5 through 10, Public Records of Seminole County, Florida; thence run S39'45'03"E along the South-west right of way line of State Road 434, a distance of 150,46 feet; thence re4n S49'54'57"'N, a distance of 6.70 feet for the Point of Beginning; thence run S39'45'03"E, a distance of 1,81 feet; thence run S49'54'19"W, d distance of 48.17 feet; Chance run N85'05'35"'A', a distahco of 2.57 feet; thence ran N49'54'57"E, d distance of 50,00 feet to the Point of Beginning. Contains 89 square feet or O.OG2 acres, more or less. SURVEYORS NOTES I. Bearings based or, the Southwest right of way line of State Read No. 434 as being 539'45'03"E. 2. 1 hereby certify that the above described property is two 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 set forth in Florida Administrative Code Rule 5J-17.05 requirements. 3. Not valid without the signature and seal of a Florida Ucensed Surveyor and {tapper. 4. lire electronic slgnatute hereon to In compliance: with thN Florida Admlydstiddve Code (FAC) 5J-17.062(3) 5 The seal appoaring on this dacnneot was authorized by Jaineu R. Shannon, PLS 4671 co 10/23/2023 per 5JI 1-062(2), Digitally signed by Jam-es R James R Shannon Datei-2023.10.23 S N rl it o n 13J2:-0-04'00' JA4.E5. R.-- o'HANNON"Jh., P.L.S. #4611 uu-r vAl..)c,4NujT,7HE sF.f•+Aiura AND THE SEAL cF A n.t QA U00458) WiNEYay. AND MAPPER 15 0031210\194687\11969701v2 SHANNON SURVEYING, INC. 499 NORTH S.R. 434 — SUITE 2045 ALTAMONTE SPRMISS, FLORIDA, 32714 (407) 774-8372 LB # 6898 ©ATE OF SURVEY: t0/73/2DU CRAYN 13Y: aP SCALE: 1.. M-20-30 1181 E SR434—RECLAIuEn-2 5XETCH SHEET 1 OF 2 Book 10561 Page 955 Instrument# 202-4001582 SKETCH OF DESCRIPTION PROJECT. WINTER SPRINGS MARKETPLACE PURPOSE: RECLAIMED WATER EASEMENT THIS IS NOT A POUNDARY SURVEY NOT VALID WITHOUT SHEET 1 v p SHANNON SURVEYING, INC. 409 NOR111 S.R. 434 — SUITE: 204b ALTAM0447E SPRINGS, FLOWDA, 32714 (407) 774-8372 L.8 # 689B POINT OF 4COMMENCEMENT NIC141HEAST MHNEIR OF LOT 1 AINIER SPRING65 MARKETPLACE FLAT HOUK 118, PAGES S-10 V 'p- V x N v%N LINE TABLE LINE HEARING LENGTH Ll 949'54'57"W 6,70' L2 S39*45'03"E 1.81' L3 S49'54'19"W 48.1'1' L4 NB5*05*35'W 2.57' L5 N49'54'57'E 50.00' 16 0031210\194687\1 1969701v2 UA]h CF SURVEY. 1012317023 CRAM 13Y., up SCALE: 1' = 50' M-20-30 1181 E "434-RECLAIVEO-2 SKETCH SHEET 2 OF 2 Book 10561 Page 956 Instrument# 2024001582 SUBORDINATION OF MORTGAGE TO EASEMENT 'F 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, a Florida limited liability company, to and in favor of Mortgagee recorded in Official Records Book 10107, Page 1, 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, a Florida limited liability company, to and in favor of the City of Winter Springs, Florida, a Florida Municipal Corporation (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. ONE FLORIIPA , a Florida banking corporation' Address: 33 West Pineloch Ave., Suite A Orlando, Florida 32806 Book 10561 Page 957 Instrument# 2024001582 STATE OF FLORIDA COUNTY OF 1 The foregoing instrument was acknowledged before me by means of physical presence or ❑ online notarization this !1 day of 2023 by as of ONE FLORIDA BANK, a Florida banking corporation, on its behalf, who t5is personally known to me or ❑ has produced as identification. (NOTARY SEAL) r °oe SHEYLA 8 THD164856 Notary Public •Sta Commission # Hof My Comm. ExPirej3onded through Nationa bm'10-noL Notary Public Narrc Printed: Commission No.: My Commission Expires: