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HomeMy WebLinkAboutDorsey, Norbert M. (as Bishop of The Diocese of Orlando)-TLBD Easement Maintenance- 2001 09 19 < , , , . , ' 1111111111 R 1111111111111 n III n 1111111111111 IS RI 11111 I 1111 .. , , Prepared by and relum 10: MARYANNE MORSE, CLERK OF CIRCUIT COURT Q C;,y of W;",<, s,";,,~ SEMINOLE CO~TY 1126 East Slate Road 434 BK 04173 PG 0712 ~ Winter Springs, fL 32708 CLERK'S # 2001749739 Alln: City Manager RECORDED 09/19/2001 10:13:14 AM DEED DOC TAX O. 70 . RECORDING FEES 42.00 TUSCA WILLA LIGHTING AND BEA UTIFICJE'l:fmM ~'f3f./1RJJ~JJi IMPROVEMENTS AND MAINTENANCE EASEMENT TI-IIS EASEMENT, made this -(t day OfS-~uB~ , , r'3 - 2001, by NORBERT M. DORSEY, AS BISHOP ',. OF THE IOeESE OF >'''; ORLANDO, a corporation sole, having a mailing address of P.O. Box I 800, Orlando, ~'f ., FL 32708 (hereinafter called "Grantor"), in favor of the CITY OF WINTER SPRINGS, FLORIDA, a Florida Municipal Corporation, having a mailing address of] ] 26 East State Road 434, Winter Springs, FI 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 casement 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, a 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 casement property, also agrees to assist Grantee in obtaining any local, state, or federal permits required to construct the TLBD improvements and any other incidental appurtenances and accessories thereto provided such assistance can be provided at no cost to Grantor; 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: II Recitals. . The foregoing recitals are hereby incorporated herein by this reference. - n Grant of Easement. Grantor hereby voluntarily grants and conveys to Grantee, its successors, and assigns, subject to any previous duly recorded easements or grants of record, an improvement and maintcnance easemcnt over, under, and . , across the real property described as follows: CERTIFIED COPY . MARY ANNE MORSS CLERK OF CIRCUIT Co.u~ Page I of 7 SEM~OLE coum f\DRlM ". /7 h' .-c:-c-- . IlY z.c . ~ , DEPUTY r.1_rRlt SEP 19 2001 i , \ FILE NUM 2001749739 OR BOOK 04173 PAGE 0713 A portion of Lot 67, Tuscawilla Unit 8, as recorded in Plat Book 23, page 25 Public Rccords of Seminole County, Florida, being more particularly described as follows ~ ~ .'- I Commcnce at thc Northwest corner of Lot 67 according to the Plat of Tuscawilla Unit 8, Plat Book 23, page 25; thence S 71 degrees, 00 minutes, 30 seconds E for a distance of ] 0.98 feet along the North line of said lot 67 to the POINT OF BEGINNIN G; thence continuing along said north line for a distance of 10.00 feet ~ to a point on a curve concave Northwesterly having a radius of 5803.58 feet; '. 'f: . . 1f,1 .. thence from a tangent bearing S 19 degrees, 56 minutes, 44 seconds W along said {'. curve through a central angle of 0 I degrees, 44 minutes, 48 seconds for a distance of 176.93 feet; thence S 71 degrees, 00 minutes, 30 seconds E for a distance of 3.07 feet; thence S 47 degrees, 33 minutes, 24 seconds E for a distance of 6.91 feet; thence S 71 degrees 00 minutes, 30 seconds E for a distance of 2] .25 feet; thence S 18 degrees, 59 minutes, 30 seconds W for a distance of 15.25 feet to the Northerly Right of Way of Trotwood Boulevard; thence N 71 degrees, 00 minutes, 30 seconds W along said Northerly Right of Way for a distance of 26.32 feet to the point of curvature of a curve concave northeasterly having a radius of 25.00 feet; thence along the arc of said curve through a central angle of 36 degrees, 47 minutes, 47 seconds for a distance of ] 6.06 feet to the point of a cusp of a curve concave northwesterly having a radius of 5793.58 feet; thence from a tangent bearing of N 21 degrees, 49 minutes, 33 seconds E along the arc of said curve through a central angle of 01 degree, 52 minutes, 49 seconds for a distance of 190.13 feet to the POINT OF BEGINNING. (hereinafter the "Easement Property") of the nature and character and to the extent hereinafter set forth ("Easement"). 3) Purpose of Easement. This Easement is granted for the express purpose of allowing Grantee to use the Ease'ment Property to construct and/or maintain TLBD improvements over, under, and across the Easement Property, }ncIuding, but not limited to, signage, a wall, 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 ingre~s and egress to, over, under and from the Easement 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 to the Grantee by this easement: a. To use the Easement Property to construct, operate, a~d maintain TLBD improvements over, under, and across the Easement Property including, but not limited to, signage, walls, water features, landscaping, and utilities and any other Page 2 or 7 " , ' . .. FILE NUM 2001749739 incidental appurtenances and accessories thereto; OR BOOK 04173 PAGE 0714 b. To prevent any activity on or use of the Easement Property that is inconsistent with the purpose of the Easement, and to require the restoration of areas or features of the Easement Property that may be damaged by an inconsistent activity or use; c. To use this Easement for ingress and egress to the defined TLBD improvements; d. To cut, trim, and keep clean such trees, brush, and undergrowth that might It.: ,. I hinder or prohibit the use of the Easement Property including, but not limited to slgnage, walls, fountains, landscaping, and utilities and any other incidental appurtenances thereto; and e. To take any civil action deemed necessary, at the Grantee's sole and absolute discretion and expense, to protect and preserve the Easement granted hereunder. 5) Obligations of Grantee. Grantee's rights hereunder are expressly conditioned upon Grantee's fulfilling its duties and obligations hereunder, including the obligation to construct and maintain a six-foot high masonry wall to serve as a buffer between the Easement Property and the property owned by Grantor which is not part of the Easement Property. Grantee shall complete those sections of the wall which exist as of the date of this document and shall, within 12 months after the date hereof, complete construction of the wall within the Easement Area. Grantee shall have a perpetual obligation to maintain and repair the wall. The plans for constructing the wall, as well as the schedule for maintaining and repairing the wall, must be approved in advance by Grantor. 6) Permits. The parties acknowledge that certain local, state, and federal permits may be required from time to . time for purpos~s 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 Easement 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 as long as this can be accomplished at no cost to Grantor. 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. Page J or 7 FILE NUM 2001749739 OR BOOK 04173 PAGE 0715 ~ 7) Eascmcnts, Run with the Land. This Easement shall remain a charge against the Easement Property. Therefore, this Easement shall "run with the land" and be automatically assigned by any deed or other conveyance conveying a portion of the Easement Property relating to this casement, even though conveyance makes no . \ , reference to this Easement as such. 8) Indemn ification. Grantee agrees it will exercise its rights hereunder at its sole risk and, to the extent permitted by law, agrees to indemnify Grantor and hold Grantor harmless against all liability, loss, cost, and expense, including attorneys' fees, which may be sustained by Grantor by reason of the death of or injury to any >; . person or damage to any property, arising out of orin connection with the herein , described purposes by Grantee, its contractors, agents, or employees. Grantee, at its sole cost and expense and at no cost and expense to Grantor, agrees to defend any and all suits or actions instituted against Grantor, for the imposition of such liability, loss, cost and expense. 9) 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. 10) 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. 11) Successors. The covenants, terms, conditions, rights, and restnctlons 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 Easement Property. 12) Grantor's Representations and Warranties. Grantor hereby agrees and makes the following representations and warranties to Grantee based on Grantor's current, actual knowledge and not having made any investigations, inspections or InqUIrIes. a. Grantor is lawfully seized of said Easement Property in fee simple and has full and lawful authority to execute this Easement, convey the Easement to Grantee, and bind the Easement Property as set forth herein. b. The Easement Property is free of any and, all encumbrances, 'except 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. Page 4 or 7 '. FILE NUM 2001749739 . , OR BOOK 04173 PAGE 0715 ". c. Grantor shall pay any and all taxes that are levied on the Easement 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 Easement Property and will defend the same against lawful claims of all persons claiming by, through or under Grantor. 13) .. 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 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 performance and injunctive relief) to enjoin the occurrence and continuation of the breach. 14) 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. 15) Sovereign Immunity. Nothing contained in this Easement shall be construed as a waiver of the Grantee's right to sovereign immunity under Section 768.28, Ffor;da Statutes, or other limitations imposed on the Grantee's potential liability under state or federal law. 16) Modifications. This Easement shall only be modified by a written instrument executed by the parties hereto or any successor, assigns heirs, or representatives thereto. 17) Grantors Duty of Noninterference. Grantor agrees not to interfere with Grantor's rights to use the Easement' Property as specifically set fo"rth herein. Grantor agrees not to permit or allow the construction or erection of any building or structure on the Easement Property without prior written. consent of the Grantee. 18) " 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 Property for TLBO improvemen!-s described herein, Grantee, at Grantor's written request, agrees to execute an 'appropriate written instrument to terminate this casement. ['age 5 or 7 FILE NUM 2001749739 OR BOOK 04173 PAGE 0717 .- IN WITNESS WHEREOF, Grantor and Grantec set their respective hands on the day and year above writtcn. GRANTOR BY. ~Jh.J)~ Norbert M. Dorsey, as Bisho O. the Diocese of Orlando, a corporation sole .' ":&?;:- . Sharon J. Molthen !.~ . :.\ MYCOMMISSIOtU CC994932 EXPK?ES ~:'. . it May 7, 2005 '~~'Rf.:~~ IONDfD THou 1.01 f "N INSUMNCt INC. STATE OF FLORIDA COUNTY OF ORANGE e foregoing instrument was acknowledged and sworn to before me this joL~ day of , 2001 by NORBERT M. DORSEY, as Bishop of the Diocese of Orlando, corporation sole, who is/is not personally known to me, or has produced as identi fication. N GRANTEE: CITY OF WINTER SPRINGS By: i~h/.?n~ Ronald W. McLemore . City Manager / -' Page (, of 7 FILE NUM 2001749739 . . OR BOOK 04173 PAGE 0718 -.' STATE OF FLORIDA COUNTY OF SEMINOLE ~Oing instrument was acknowledged and sworn to befofe me this / f day o . . 01 by ~CLEMORE, City M<'I.nager of the City of Winter ,. Spr ngs, Florida, .. not personally known to me, or has produced as ident' [cation. .' L. - -' - - - - - - m HOllY PIERSTOR" ....~ ~(:\. .. Notary Public. Stale 0( Florida : .} My ~ Exprns./un 26, 2005 ~ (",Y' C,mmlu'", 00031<54 ~ ....- ~ ,.- Page 7 or 7 . , . .~ Sheet 1 See Sketch of Description. Included as Attachment "A" PROPOSED WALL EASEMENT DESeRIPTION A portion of Lot 67, Tuscawilla Unit 8, as recorded in Plat Book 23, Page 25, Public Records of Seminole County, Florida, being more particularly described as follows: eommence at the Northwest corner of Lot 67 according to the Plat of Tuscawilla Unit 8, Plat Book 23, Page 25; thence S 71000'30" E for a distance of 10.98 feet along the north line of said Lot 67 to the POINT OF BEGINNING; thence continuing along said north line for a distance of 10.00 feet to a point on a curve concave Northwesterly having a radius of 5803.58 feet; thence from a tangent bearing of S 19056'44" W along said curve through a central angle of 0 1 044'48" for a distance of 176,93 feet; thence S 71000'30" E for a distance of3,07 feet; thence S 47033'24" E for a distance of6,91 feet; thence S 71000'30" E for a distanceof21.25 feet; thence S 18059'30" W for a distance ofI5.25 feet to the Northerly Right of Way of Trotwood Boulevard; thence N 71000'30" W along said Northerly Right of Way for a distance of26.32 feet to the point of curvature of a curve concave northeasterly having a radius of25,OO feet; thence along the arc of said curve through a central angle of36047'47" for a distance of 16.06 feet to the point of cusp ofa curve concave northwesterly having a radius of 5793.58 feet; thence from a tangent bearing ofN 21 049'33" E along the arc of said curve through a central angle of 01 052'49" for a distance of 190.13 feet to the POINT OF BEGINNING, Prepared by: This description and the accompanying sketch or 0" sketches has been prepared in accordance with the ;:u...... r Tinklepaugh SlliVeying Services, Inc. StandardS set forth in Chapter 61 G 17, FAC" pursuant tom 379 West Michigan Street to Chapters 177 and 472, Florida Statutes. Unless it bears 0 02 Suite 208 the signature and the original. raised seaL oLa Florida ;r::c 3: Orlando, Florida 32806 licensed sw-veyor and mapper this drawing, sketch, plat 0 (407) 422-0957 or map is for infonnational pyrposcs only and is not valid. ~I\.l ....0 ~4%'~ --.10 w.... T01-A37.67 --..J ARTHUR W. TUCKER, P.L.S. # 4381 ~ Dale: e-- z. 9 --0 { l.D "lJ--.I DW G1l.D fTl 0 --.I .... l.D -..- . S/irzi'rc/:/ OF .lJESC/?/P7YO/v ^i~~gn-'2EN~.;. . ^ NOT ^ SURVEY PROPOSED WALL EASEMENT I paNT OF BEGINNING - ~ S7,~ - ____ J 'o.O(y~ ---- I I ! (;) ^ , . lPoJ"20'Q1- 1 ~ ~ ~ R-2B97.79' It:s~ ~ L-188.6O' '- /t/ 1<3,] '- 15~ 8 ~(J ~ ~$ i:! If:! 0t:s ~ 6-01~44'~ R-~M' L-176.93' ""'" '" ~::J I :/ LOT 67 ~Cij k~ / Ok ,-0 d'''-~ ~;s~ 0.. :;j / lPo56 '4O"CXf' / R-25.00' 1io24.7( I ~ , ~~ l /# !ij;'; / fj . NORTHERLY RIGHT OF WAY tIl ~ ~ ~.. CF lROTWOOO BOUlEVARD 0 OZ - - - ~C ~~ ~O,~ ,,~ / t~ I ~ -U'~ ~ 0 ..J 0 _______ t:1p~~ ~. W ~ -~~ ~ lJ..J DW T- kl G1'f. BEARINGS BASED ON RIGHT OF WAY PLANS FOR TUSCAWlLLA n =. THE NORlHEASTERL Y RIGHT OF WAY OF TROTWOOD BOULEVARD In e p a u 9 ING SOUlH 71'00';50- EAST. SURVEYING SERV-'CES~ INC. THIS IS NOT A BOUNDARY SURVEY. 379 W. Michigan Street. Suite 208 0 Orl~do, Florida 32806 lHlS SKETCH PREPARED WITHOUT BENEFIT OF CURRENT - --- DATA AND IS SUBJECT TO EASEMENTS AND MATTERS Tele, No. (407) 422-0957 Fax No. (407) 422-6915 RECORD. UCENSED BUSINESS No. 3778