HomeMy WebLinkAboutBrereton, John-TLBD Improvements and Maintenance Easement- 2001 08 17
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MARYANNE MORSE, CLERK OF CIRCUIT COURT
SEMINOLE COUNTY
BK 04152 PG 1013
~ "'p"oJ by,,' Kmm ,. CLERK'S # 2001737489
, City of Winter Springs RECORDED 08/22/2001 02:59:12 PM
~ 1126 East Stale Road 434 DEED DOC TAX 0.70
~ w;,", sp"'", FL 327'"
RECORDING FEES 33.00
Alln: City Manager RECORDED BY L McKinley
TUSCA WILLA LIGHTING AND BEAUTIFICATION DISTRICT
IMPROVEMENTS AND MAINTENANCE EASEMENT
THIS EASEMENT, made this /7 tJ. day of 11 ol'Vd ,2001
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by .John Brereton having a mailing address of 984 Shetland Ave. Winter Sprine:s. FL
32708 (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 (hereinafter called "Grantee").
WITNESSETH
WHEREAS, Grantor is the sole owner of certain real property located within the
defined area of the Tuscawilla Lighting and Beautification District: and
WHEREAS, Grantor desires to convey a perpetual easement over, under, and
across a portion of its real property, as legally described herein, for purposes of allowing
Grantee to construct, operate and maintain signage, wall, water features, landscaping, and
utility improvements and other incidental appurtenances and accessories thereto in the
Tuscawilla Lighting and Beautification District (hereinafter called "TLBD") which was
created by the City of Winter Springs for the benefit of the public: and
WHEREAS, Grantor, as fee simple owner of the easement property, also agrees
to assist Grantee in obtaining any local, state, or federal permits required to construct the
TLBD improvements and any other incidentaLappurtenances and.accessories.,thereto:.and ____, ___, ____
NOW, THEREFORE, in consideration of the enumerated TLBD
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. 9I:~Jltor..hereby volumaril)'. grants andconveys to Grante~,
successors, and assigns, subject to any previous duly recorded easements or grants
of record, TLBD improvements and maintenance easement over; under,' and -.....- .
across the real property described as follows:
-
GFE- Word-Ileautification Easement- Shetland #1-9114100
A portion of Lot 147, Winter Springs Unit 3, as recorded in Plat Book 17, page 89, Public
Records of Seminole County, Florida, being more particularly described as follows:
Begin at the Southeast comer of the aforesaid Lot 147, thence N0I1h 84 degrees 48
minutes 16 seconds West along the South Line of said lot for 18.00 feet; thence departing
from said lot line, North 05 degrees 11 minutes 44 seconds East for 4.50 feet; thence
South 84 degrees 48 minutes 16 seconds East for 6.67 feet; thence North 44 degrees 26
minutes 18 seconds East for 17.91 feet; thence South 05 degrees 11 minutes 44 seconds
West along the Easterly line of said Lot 147 for a distance of 18.37 feet to the POINT
OF BEGINNING.
(Hereinafter the "propeI1y") of the nature and character and to the extent hereinafter set
forth ("Easement") and further described in Attachment "A" to this easement.
3) Purpose of Easement. This Easement is granted for the express purpose of
allowing Grantee to use the Property to construct and maintain TLBD
improvements over, under, and across the Property, including, but not limited to,
signage, walls, water features, landscaping, utilities and any other incidental
appurtenances and accessories thereto. It is also the express purpose of this
Easement to provide Grantee unconditional ingress and egress to, over, under and
from the Property for the purposes 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 Property to construct, operate, and maintain TLBD
improvements over, under, and across the Property including, but not limited to,
signage, walls, water features, landscaping, and utilities and any other incidental
appurtenances and accessories thereto;
b. To prevent any activity on or use of the Property that is inconsistent with
the purpose of the Easement,' and to require the restoration of areas or features of
the Property that may be damaged by an inconsistent activity or use;
c. To use this Easement for ingress and egress to the defined TLBD 0"'t1
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improvements; r
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To cut, trim, and keep clean such trees, brush, and undergrowth 0%
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that might hinder or prohibitthe use of the Property including, but not limited to.., .... h , ....,__ 0
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signage, walls, fountains, landscaping, and utilities and any other incidental 1-0
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appurtenances thereto; and t\)1-
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To take any civil action deemed necessary, at the Grantee's sole and -..J
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absolute discretion, to protect and preserve the Easement granted hereunder. >Cb
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GFE-Word-Beaulification Easement. 8/16/00 2
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 TLBD improvements and other incidental
appurtenances and accessory structures referred to herein. Grantor, as fee simple
owner of the Property, hereby agrees to allow Grantee 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 TLBD
improvements and other incidental appurtenances and accessory structures,
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) Attornev'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. 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 its rights in this Easement.
9) Successors.
The covenants, terms, conditions, rights, and restric;tions 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) Grantors Representations and Warranties. Grantor hereby agrees and
makes the following representations and warranties to Grantee:
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a. Grantor is lawfully seized of said Property in fee simple and has r
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full and lawful authority to execute this Easement, convey the 0
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Easement to Grantee, and bind the Property as set forth herein, xc
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The Property is free of any and all encumbrances, except zoning ':'N
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restrictions and prohibitions and other requirements imposed by 1\)1-"
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government authority and other encumbrances which are recorded w
in the public records of Seminole County, Florida, -..:J
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GFE-Word-Beautification Easement. 8/16100 3
c. Grantor shall pay any and all taxes that are levied on the Property,
from time to time, as said taxes and assessments come due, The
improvements contemplated to be made on this easement are for a
Public purpose and therefore not considered as being subject to
taxation,
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 whomever.
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
hann to Grantee and the TLBD, 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 perfonnance 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 supercedes 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) Sovereign Immunitv. 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 successor, assigns heirs, or
represen tati ves thereto.
15) Grantors Duty of Noninteference. Grantor agrees not to interfere or allow
others to interfere with Grantor's rights to use the Property as specifically set forth
herein. Grantor agrees not to pennit or allow the construction or erection of any
building or structure on the Property without prior written consent of the Grantee, o~
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16) Termination. The parties agree that this Easement is intended to be perpetual. 0
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However, in toe event the Grantee detennines, afits sole discretion, 'that it no' :;t::c
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longer requires the property for TLBD improvements described herein, Grantee, 0
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at Grantor's written request, agrees to execute an appropriate written instrument to ....c
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tenninate this easement. l\lf-
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GFE-Word-Beaulificalion Easement. 8/16100 4
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IN WITNESS WHEREOF. Grantor and Grantee set their respective hands on
the day and year above written.
(GRANTOR)
~ESSES~ ~~1f)J-
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Print Name F4~ fJ, f' HlAy'1 ~ e
STATE OF FLORIDA
COUNTY OF SEMINOLE
Day 0 e foregoing inst'j)J;nt ~aCkn~~d and sworn to before me this I It; tl ~
,2001 by t, 1n r,QrJ. who s personally known to
me, or has roduced - as i ficatio
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,,'~y~;:III, Kimberly M. Normandin
f'P;'it<:=. CoIIUIJi ssi 00 II DD 029540
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CITY OF WINTER SPRII~G~~~AN.t~ltb
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By. Ronald W. M~r ~ : <.) ,7
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CIty Manager .... "0 ...,.1/)/1 ." .<,,7 ,~'
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STATE OF FLORIDA 0"1]
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COUNTY OF SEMINOLE r
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~regOing instrument was acknowledged and sworn to before me this I~ay of 0
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, ", ~ RonaldW, McLemore; City ,Manager of the City of Winter Springs _."0-- 0
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orida ho i s not personally known to me, or has produced .....0
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as identification, 1\).....
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GFE.Word-lleautilication Easement, 8/16100 5 " J,!,'f.Vi "
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Sheet 1
See Sketch of Description
Included as Attachment "A"
PROPOSED WALL EASEMENT
DESCRIPTION
A portion of Lot 147, Wmter Springs Unit 3, as recorded in Plat Book 17, Page 89, Public Records
of Seminole County, Florida, being more particularly described as follows:
Commence at the Southeast corner of the aforesaid Lot 147, thence North 050 11' 44" East along
the Easterly line of said Lot 147 for a distance of25,0Q feet to the POINT OF BEGINNING; thence
North 84048' 16" West for 18.00 feet; thence North 05011' 44" East for 4,50 feet; thence South 840
48' 16" East for 6,67 feet; thence North 44026' 18" East for 17.91 feet; thence South 050 lIt 44"
West along the Easterly line of said Lot 147 for a distance of 18.37 feet to the POINT OF
BEGINNING.
Prepared by: This description and the accompanying sketch or
sketches has been prepared in accordance with the
Tinklepaugh Swveying Services, Inc. ' Standards set forth in Chapter 61G17; FAC., pW"SUant O"'r]
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379 West Michigan Street to Chapters 177 and 472, Florida Statutes. Unless it bears r
Suite 208 the signature and the original raised seal of a Florida tIlt"']
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Orlando, Florida 32806 licensed swveyor and mapper this drawing, sketch, plat OZ
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(407) 422-0957 or map is for informational p~ only and is not valid. :3:
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TOI-A37,147 ......0
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I c"/lETC'H OF .lJESC/?/PT.lOJV ~~~M2ENd;;-
NOT ~ SUR'<t:y
PROPOSED WALL EASEMENT
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I WINTER SPRINGS :' / ~ I
UNIT 3 w/ ~ '
PLAT BOOK 17, PAGE 89 ;, /' ~ I
LOT 147 ii' ~ I
:--- 35.00' ~ I
17.91' /--35.00'----,
N 44"26'18"E\ ,,~ I
S 84-48'16" E r: ~ " :
4.50' 6.67' ~ r- /
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18.00' i I
N B4-A8'16" I.. , . ,ro. 'r ',,'~'
... W :;u L U I ! '+c-
/25' BRIDl( PATH EASE:I.lfNT/ t/~ ~ POINT OF BEGINNING -,- /
'- , ~'K1 ---", I f
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meN, oc w,,-UN.:---_ -- i
POINT OF COM ' --
OSFOUTHEAST CO~~CREMENT
lOT 147
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SOU.7'H C;npUS .ROAb -----__
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\ BEARINGS BASED ON ll-lE PLAT OF WINTER SPRINGS ....
II~IIT 3, 'PLAT BOOK 17, PAGE 89. l1-lE EASTERLY RIGHT OF 6n epaug 0
LINE OF SHETlAND AVENUE BEING NORl1-l 0511'44" EAST. SURVEYING SERVICES, INC. ....
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( THIS IS NOT A BOUNDARY SURVEY. 379 W, Michigan Street. Suite 208 D Orlando. Florida 32806
, I THIS SKETCH PREPARED Wll1-l0UT BENEFIT OF CURRENT
I - DATA AND IS SUBJECT TO EASEMENTS AND MA TIERS Tele, No. (407) 422-0957 Fax No. (407) 422-6915
II- RECORD. LICENSED BUSINESS No, 3778