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HomeMy WebLinkAboutBoard of Trustees of the Internal Improvement Trust Fund of the State of Florida- 2006 08 30 ''''\. .. ~ D f'4 ~ J ll. .1ft ~i j'#J ~ --t .a1 ~ ~ tJ 9:::~ G " t Inl ..,.,......... .......Ii ~~i~~~ ~~~iy CLERK OF CIRCUIT COURT BK 06484 Pgs 0142 - 151' CLERX.S :f -:on. ,(10pgs) , La0618!559 RECORDED 11/15/2006 03'04'~ DEED DOC TAX 0 70 . .~1 PM RECORDING FEES'86 ~o RECORD .~v ED BY G Harfor'd 0AE1 BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND OF THE STATE OF FLORIDA EASEMENT Easement Number 31605 THIS EASEMENT, made and entered into this 10 th day of C{A^A".~ o 20~, between the BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND OF THE STATE OF FLORIDA, acting pursuant to its authority set forth in Section 253.03, Florida Statutes, hereinafter referred to as "GRANTOR", and the City of Winter Springs, Florida, hereinafter referred to as "GRANTEE". WHEREAS, GRANTOR is the owner of the hereinafter described real property, which is managed by the State of Florida Department of Environmental Protection, under Lease Number 4337; and WHEREAS, GRANTEE desires an easement across the hereinafter described real property for installation and maintenance of vehicular crossing; and WHEREAS, the managing agency has agreed to the proposed use of this land under this instrument. NOW THEREFORE, GRANTOR, for and in consideration of mutual covenants and agreements hereinafter contained, has granted, and by these presents does grant, a non-exclusive easement unto GRANTEE over and across the following described real property in Seminole County, Florida, to-wit: (See Exhibi t "A" Attached) subject to the following terms and conditions: 1. DELEGATIONS OF AUTHORITY: GRANTOR'S responsibilities and obligations herein shall be exercised by the Division of State Lands, Department of Environmental Protection. 2. ~: The term of this easement shall be for a period of fifty years commencing on (1.~ ~O) ~ 00 ~ and ending on a^~MI.-t 10,) dO S (0 with no option for renewal, unless sooner terminated pursuant to the provisions of this easement. 3. USE OF PROPERTY AND UNDUE WASTE: This easement shall be limited to the installation and maintenance of a vehicular crossing upon and across the property described in Exhibit "A" during the term of this easement. This easement shall be non-exclusive. GRANTOR, retains the right to engage in any activities on, over, across or below the easement area which do not unreasonably interfere with GRANTEE'S exercise of this easement and further retains the right to grant compatible uses to third parties during the term of this easement. THIS INSTRUMENT P , ,...-;- NAM E .:..Jos-E r/ AOOR. .JqotJ a",Ml>MWf:A-t.71f ~ vLJ ~H"'.S$tEe, FL3<3"'!f-J'D0l> . '<II GRANTEE shall dispose of, to the satisfaction of GRANTOR, all brush and refuse resulting from the clearing of the land for the uses authorized hereunder. If timber is removed in connection with clearing this easement, the net proceeds derived from the sale of such timber shall accrue to GRANTOR. GRANTEE shall take all reasonable precautions to control soil erosion and to prevent any other degradation of the real property described in Exhibit "A" during the term of this easement. GRANTEE shall not remove water from any source on this easement including, but not limited to, a watercourse, reservoir, spring, or well, without the prior written approval of GRANTOR. GRANTEE shall clear, remove and pick up all debris including, but not limited to, containers, papers, discarded tools and trash foreign to the work locations and dispose of the same in a satisfactory manner as to leave the work locations clean and free of any such debris. GRANTEE, its agents, successors, or assigns, shall not dispose of any contaminants including but not limited to, hazardous or toxic substances, petroleum, fuel oil, or petroleum by-products, chemicals or other agents produced or used in GRANTEE'S operations, on this easement or on any adjacent state land or in any manner not permitted by law. GRANTEE shall be liable for all costs associated with any cleanup of the subject property which is a result of GRANTEE'S operations and use of the subject property. Upon termination or expiration of this easement GRANTEE shall restore the lands over which this easement is granted to substantially the same condition as existed on the effective date of this easement. GRANTEE agrees that upon termination of this easement all authorization granted hereunder shall cease and terminate. If the lands described in Exhibit "A" are under lease to another agency, GRANTEE shall obtain the consent of such agency prior to engaging in any use of the real property authorized herein. 4. ASSIGNMENT: This easement shall not be assigned in whole or in part without the prior written consent of GRANTOR. Any assignment made either in whole or in part without the prior written consent of GRANTOR shall be void and without legal effect. 5. RIGHT OF INSPECTION: GRANTOR or its duly authorized agents, representatives or employees shall have the right at any and all times to inspect this easement and the works of GRANTEE in any matter pertaining to this easement. Page 2 of 10 Easement No. 31605 R/0212004 6. NON-DISCRIMINATION: GRANTEE shall not discriminate against any individual because of that individual's race, color, religion, sex, national origin, age, handicaps, or marital status with respect to any activity occurring within this easement or upon lands adjacent to and used as an adjunct of this easement. 7. L~ILITY: Each party is responsible for all personal injury and property damage attributable to the negligent acts or omissions of that party and the officers, employees and agents thereof. Nothing herein shall be construed as an indemnity or a waiver of sovereign immunity enjoyed by any party hereto, as provided in Section 768.28, Florida Statutes, as amended from time to time, or any other law providing limitations on claims. 8. COMPLIANCE WITH LAWS: GRANTEE agrees that this easement is contingent upon and subject to GRANTEE obtaining all applicable permits and complying with all applicable permits, regulations, ordinances, rules, and laws of the State of Florida or the United States or of any political subdivision or agency of either. 9. ARCHAEOLOGICAL AND HISTORIC SITES: Execution of this easement in no way affects any of the parties' obligations pursuant to Chapter 267, Florida Statutes. The collection of artifacts or the disturbance of archaeological and historic sites on state-owned lands is prohibited unless prior authorization has been obtained from the Department of State, Division of Historical Resources. 10. PROHIBITIONS AGAINST LIENS OR OTHER ENCUMBRANCES: Fee title to the lands underlying this easement is held by GRANTOR. GRANTEE shall not do or permit anything to be done which purports to create a lien or encumbrance of any nature against the real property of GRANTOR including, but not limited to, mortgages or construction liens against the real property described in Exhibit "A" or against any interest of GRANTOR therein. 11. PARTIAL INVALIDITY: If any term, covenant, condition or provision of this easement shall be ruled by a court of competent jurisdiction to be invalid, void, or unenforceable, the remainder shall remain in full force and effect and shall in no way be affected, impaired or invalidated. 12. SOVEREIGNTY SUBMERGED LANDS: This easement does not authorize the use of any lands located waterward of the mean or ordinary high water line of any lake, river, stream, creek, bay, estuary, or other water body or the waters or the air space thereabove. Page 3 ofl0 Easement No. 31605 R/02/2004 13. ENTIRE UNDERSTANDING: This easement sets forth the entire understanding between the parties and shall only be amended with the prior written approval of GRANTOR. 14. TIME: Time is expressly declared to be of the essence of this easement. 15. RIGHT OF AUDIT: GRANTEE shall make available to GRANTOR all financial and other records relating to this easement and GRANTOR shall have the right to audit such records at any reasonable time during the term of this easement. This right shall be continuous until this easement expires or is terminated. This easement may be terminated by GRANTOR should GRANTEE fail to allow public access to all documents, papers, letters or other materials made or received in conjunction with this easement, pursuant to Chapter 119, Florida Statutes. 16. PAYMENT OF TAXES AND ASSESSMENTS: GRANTEE shall assume full responsibility for and shall pay all liabilities that accrue to the easement area or to the improvements thereon including any and all drainage and special assessments or taxes of every kind and all mechanic's or materialman's liens which may be hereafter lawfully assessed and levied against this easement. 17. AUTOMATIC REVERSION: This easement is subject to an automatic termination and reversion to GRANTOR when, in the opinion of GRANTOR, this easement is not used for the purposes outlined herein, and any costs or expenses arising out of the implementation of this clause shall be borne completely, wholly and entirely by GRANTEE, including attorneys' fees. 18. RECORDING OF EASEMENT: The GRANTEE, at its own expense, shall record this fully executed easement in its entirety in the public records of the county within which the easement site is located within fourteen days after receipt, and shall provide to the GRANTOR within ten days following the recordation a copy of the recorded easement in its entirety which contains the O.R. Book and Pages at which the easement is recorded. Failure to comply with this paragraph shall constitute grounds for immediate termination of this easement agreement at the option of the GRANTOR. 19. GOVERNING LAW: This easement shall be governed by and interpreted according to the laws of the State of Florida. Page 4 of 10 Easement No. 31605 R/0212004 20. SECTION CAPTIONS: Articles, subsections and other captions contained in this easement are for reference purposes only and are in no way intended to describe, interpret, define or limit the scope, extent or intent of this easement or any provisions thereof. Page 5 of 10 Easement No. 31605 R102/2004 IN WITNESS WHEREOF, the parties have caused this easement to be executed the day and year first above written. BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND OF THE STATE OF FLORIDA By: ~Dbltl1 {L.,~ GLORIA C. NELSON, OPERATIONS AND MANAGEMENT CONSULTANT MANAGER, BUREAU OF PUBLIC LAND ADMINISTRATION, DIVISION OF STATE LANDS, DEPARTMENT OF ENVIRONMENTAL PROTECTION (SEAL) :t3:-tllra obb I ().:) Print/Type Witness Name "GRANTOR" STATE OF FLORIDA COUNTY OF LEON f . . '1()Ar~ orego1ng 1nstrument was acknowledged before me this ~ day of , 2~Jl, by Gloria C. Nelson, Operations and Management Cons ltant Manager, Bureau of Public Land Administration, Division of State Lands, Florida Department of Environmental Protection, acting as an agent on behalf of the Board of Trustees of the Internal Improvement Trust Fund of the State of Florida. She is personally known to me. Florida Print/Type Notarrc ~F FLORIDA . }OTARY POOL . ~helle Brady ComrruSS1~." #DD507113 CommIssIon, 6 2010 .. . . JA,1\j. 1 , ComrruSS1 :.Ji.~~=Uc Bonding Co., lnc. 3onded-nu:u By: D Page 6 of 10 Easement No. 31605 R102/2004 City of Winter Springs, Florida By: ~~ 4/. -?'j//,;t:. ~ -;- Ronald W. McLemore Print/Type Name Title: City Manager "GRANTEE" STATE OF FLORIDA COUNTY OF 9JY\'l"\6le 'J )t"\C ~ The foregoing instrument was acknowledged before me thi~ day of uSJ- 20tJ(,., by Ronald W. McLemore, City Manager of the City of Winter Springs, Fl rida, on behalf of the City of Winter Spri g, lorida. He is personally known to me. l;j\: ~oFf\i Notary Public Stale of Florida Nun K Gibbs My Commission 00545099 Expires 06/1212010 ry Public, State of Florida U((' b,bh~ Print/Type Notary Name Commission Number: DO ~ ~(Jq q Commission Expires: {g}p-Id.-OJO Page 7 of 10 Easement No. 31605 R/02/2004 CC Exhibit A .''''.1 UGAL D~/PTlON A PORTION OF PARCEL 3, PER OFFICIAL RECORDS BOOK 4056, PAGE 0428, LYING IN LOT 29, BLOCK B, D.R. MITCHELL'S SURVEY OF THE LEVY GRANT ON LAKE JESSUP AS RECORDED IN PLAT BOOK 1, PAGE 5 OF THE PUBLIC RECORDS OF SEMINOLE COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE NORTHWEST CORNER OF LOT 28, BLOCK B, D.R. MITCHELL'S SURVEY OF THE LEVY GRANT ON LAKE JESSUP AS RECORDED IN PLAT BOOK 1, PAGE 5 OF SAID PUBLIC RECORDS, THENCE RUN SOUTH 18'59'07" WEST ALONG THE WEST LINE OF SAID LOT 28, A DISTANCE OF 720.17 FEET TO A POINT ON THE NORTH RIGHT-OF-WAY LINE OF FIRST STREET (A 30 FOOT RIGHT-OF-WAY) THENCE RUN SOUTH 71'23'26" EAST ALONG SAID NORTH RIGHT-OF-WAY LINE, A DISTANCE OF 579.67 FEET TO THE POINT OF BEGINNING; THENCE DEPARTING SAID NORTH RIGHT-OF-WAY LINE RUN NORTH 18'36'34" EAST, A DISTANCE OF 60.00 FEET; THENCE RUN SOUTH 71'23'26" EAST, A DISTANCE OF 92.61 FEET; THENCE RUN SOUTH 18'36'34" WEST, A DISTANCE OF 60.00 FEET TO A POINT ON THE AFOREMENTIONED NORTH RIGHT-OF-WAY LINE OF FIRST STREET; THENCE RUN NORTH 71'23'26" WEST ALONG SAID NORTH RIGHT-OF-WAY LINE, A DISTANCE OF 92.61 FEET TO THE POINT OF BEGINNING. CONTAINING 5556.24 SQUARE FEET, 0.13 ACRES MORE OR LESS. P.R.M. - PERMANENT REFERENCE MONUMENT P.O.C. - POINT Of COMMENCEMENT P.C. - POINT OF CURVATURE P.R.C. - POINT Of REVERSE CURVATURE P.C.C. - POINT Of COMPOUND CURVATURE P.T. - POINT OF TANGENCY P.1. - POINT OF INTERSECTION P.C.P. - PERMANENT CONTROL POINT P.O.L. - POINT ON LINE C.B. - CHORD BEARING T.B. - TANGENT BEARING ORB - OFFICIAL RECORDS BOOK C.M. - CONCRETE MONUMENT P.B. - PLAT BOOK Pg. - PAGE N.R. - NON-RADIAL RAD; - RADIAL R. - RADIUS L - ARC LENGTH Ii. - DELTA R.P. - RADIUS POINT R/w - RIGHT-Of-WAY \: - CENTER LINE EL. - ELEVATION AIC - AIR CONDITIONER nP. - nPlCAL U.E. - UTILITY EASEMENT D.E. - DRAINAGE EASEMENT F.F. - FINISHED FLOOR B.S. - BUILDING SETBACK C.B.S. - CONCRETE BLOCK STRUCTURE (p) - PLAT (1.1) - MEASURED (C) - CALCULA TEO LEGEND: CONC. - CONCRETE C.L.F. - CHAIN LINK FENCE W.F. - WOOD FENCE C & G - CURB & GUTTER CATV - CABLE TELEVISION RISER TELE - TELEPHONE RISER TRANS - TRANSFORMER PAD LP. - LIGHT POLE P.P. - POWER PbLE N.G. - NATURAL' GROUND SQ. FT. - SQUARE FEET W.M. - WATER METER F.H. - FIRE HYDRANT N & 0 - NAIL AND DISC B.M. - BENCH MARK PVMT. - P A VEMEN T F.B. - FIELD BOOK M.H. - MANHOLE (A) - ACTUAL NSI - NO SURVEYOR IDENTIFICATION FND - FOUND REC - RECOVERED ABBREVIATION Survey Notes: 1. "NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER". 2. BEARINGS SHOWN HEREON ARE RELATIVE TO ASSUMED DATA AS BEING S 18'59'07" W ALONG THE WEST LINE OF LOT 28, BLOCK B PER A PORTION OF D.R. MITCHELL'S SURVEY OF THE LEVY GRANT PLAT BOOK 1 PAGE 5, AS RECORDED IN THE PUBLIC RECORDS OF SEMINOLE COUNTY, FLORIDA. 3. THE "LEGAL DESCRIPTION" HEREON WAS PREPARED BY THE SURVEYOR PER THE CLIENT'S REQUEST. 4. THIS SURVEY WAS PREPARED WITHOUT THE BENEFIT OF AN ABSTRACT OR OPINION OF TITLE. NO INSTRUMENTS OF RECORD REFLECTING EASEMENTS, RIGHTS-OF-WAY, AND/OR OWNERSHIP WERE FURNISHED TO THIS SURVEYOR EXCEPT AS NOTED. 5. THIS IS NOT A BOUNDARY SURVEY, THIS SKETCH AND DESCRIPTION WAS PREPARED FROM INFORMATION FURNISHED TO THE SURVEYOR, NO FIELD SURVEY WAS PERFORl.4ED TO DEFINE OWNERSHIP. .~ Exhibit A Page 8 of 10 Easement No. 31605 Surveyor's Certification: CLIENT: CITY OF WINTER SPRINGS PROJECT NUMBER: 04129 CADD DWG. FILE: SKETCH AND DESC.DWG NOT VAUD ""THooT SHEET 2 SHEET 1 OF 2 W. C. Elliott, P.S.M. Prof\lsslonal Survilyor and MappotT Florlcro Registration 'No. 5599 @[JJDD Engineers Planners Landscape Architects Surveyors Construction Management www.cphengineers.com 500 West Fulton Street, Sanford, Fl. 32m P.O. Box 2808, Sanford, Fl. 32m-2808 Phone: 407.322.6841 Fax: 407.330.0639 REVISION BY DA TE SKETCH AND DESCRIPTION R.D.S. '1 2/15/06 Certificate of Authorization No. 7143 Exhibit B ~P.O.C. / NW'C'ORNER LOT 28, BLOCK B, or D.R. MITCHELL'S sURVEyor THE LEVY GRANT PLAT BOOK 1 PAGE 5 LOT 29, BLOCK B ~ N ~ LOT 28, BLOCK B OF D.R. MITCHELL'S SURVEY OF THE LEVY GRANT PLAT BOOK 1 PAGE 5 I NORTH R/W LINE rlRST STREET S7172 . ............... 'J'?6"t ............... ............... ~. S7 .ff1 ~ ............... 9.67' q, <:> ~~/~ --- /--1 ___............... ............... // P.OB. ~..............._"""""""'.............................. J // ---.::::::. ~~S,. s ............... r f' -"~-=- ~ ~...............- '- --- GRAPHIC SCALE '" '\ '\ '\ '~ 50 I 100 I 200 I ( IN FEET ) 1 inch = 100 ft. Exhibit B Page 9 of 10 Easement No. 31605 CLIEN T: C1 TY OF WIN TER SPRINCS PROJECT NUMBER: 04/29 CADD DI\G. FILE: SKETCH AND DESC.DI\G NOT VAUD ttlTHOUT SHEET 1 SHEET 2 OF 2 @[J)ilD Engineers Planners Landscape Architects Surveyors Construction Management www.cphengineers.com 500 West Fulton Street, Sanford, Fl. 32771 P.O. Box 2808, Sanford, Fl. 32m-2808 Phone: 407.322.6841 Fax: 407.330.0639 RE'v7S1ON DA TE: SKETCH AND DESCRIPTION R.D.B. 2//5/06 Certificate of Authorization No. n43 . , . !:r@ ~ _No. - -- - - C/r-.1Ir: REI ..-. .... ~br: .If('If ,....,..-..._ No.. .,... 1.-11 LAND8CAPE PLAN TlJWII CENTER TRAIL cm OF WINTER SPRINGS __....... F1.ORIIII\ ... I , ! , I I ' i I I I l I . i l .~. l r I I ~ I ! IIi 15~ii D I . i I = !!~ 11:11 I I t - ':- I .i IR '!ll5. i I Inil i I~ ~II: I III r~5! i 15 ~~~ I I i I i -"- a:: e CJ ~~ I:/) ;;::: ;:::~ ~:z ~2 :;:'1:/) :::-Q: !::::c -J l.I.. co C3 l.I.J -J ::' t l i . ff. t l? 2 I ~:r@' ~ ~ .... 1.....0- ~ N'It." JalIo,., W04117.2 _ ria; It Exhibit B -- """ Page 1 0 of 1 0 Easement No. 31605