HomeMy WebLinkAboutFuentes, Fernando and Wanda-TLBD Easement Maintenance- 2001 08 17T_~ ~,_, _.:~. .. __ _
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` , MARYAt+{~ MORSE, CLERK OF CIRCUIT COURT
SEMINOLE COUNTY
• BK 04152 PG 1004
CLERK'S ~ 2001737488
Prepared by and return to: kECOkDED 08/2CI2001 02:59:12 PM
Ciry of winter Springs DEED DOC TAX 4.70
~ 126 East state Rona 434 kECOkDING FEES 42.00
Winter Springs, EZ 32708
Attn: George F. Edwards, P.E. RECOkDED RY L Mt:Kinley
TUSCAWILLA LIGHTING AND BEAUTIFICATION DISTRICT
IMPROVEMENTS AND MAINTENANCE EASEMENT
THIS EASEMENT, made this ~,~ ~ day of ~ ,2001
by Fernando and Wanda Fuentes having a mailing address of 985 hetland Ave.
Winter Snrin~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, F132708 (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 incidental appurtenances 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. Grantor hereby voluntarily grants and conveys to Grantee,
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:
GEE-Word-Beautification Easement- Shetland #2-9/14/00
A portion of lot 148, 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 Southwest corner of aforesaid Lot 148, thence South 84 degrees 48 minutes
16 seconds East along the South Line of said Lot a distance of 18.00 feet; thence
departing from said lot line, North OS degrees 11 minutes 44 seconds East for 4.50 feet;
thence North 84 degrees 48 minutes 16 seconds West 6.67 feet; thence North 34 degrees
02 minutes 50 seconds West for 17.91 feet; thence South OS degrees 11 minutes 44
seconds West along the Westerly line of said Lot 148 for 18.37 feet to the POINT OF
BEGINNING.
(Hereinafter the "property") 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
improvements;
d. To cut, trim, and keep clean such trees, brush, and undergrowth
that might hinder or prohibit the use of the Property including, but not imited to
signage, 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, to protect and preserve the Easement granted hereunder.
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GFE-Word-Beautification Easement, S/IG/W 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) 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. 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 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) Grantors Representations and Warranties. Grantor hereby agrees and o .~
makes the following representations and warranties to Grantee: ~ r
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a. Grantor is lawfully seized of said Property in fee simple and has ~ c
full and lawful authority to execute this Easement, convey the ~
Easement to Grantee, and bind the Property as set forth herein.. o
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b. The Property is free of any and all encumbrances, except zoning N
restrictions and prohibitions and other requirements imposed by ~
government authority and other encumbrances which are recorded ~
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in the public records of Seminole County, Florida. ~ o~
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GEE-Word-Beautification Easement, 8/IW00 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
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.
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) 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, 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
representatives thereto.
15) Grantors Duty of Nonnteference. 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 permit or allow the construction or erection of any
building. or structure on the Property without prior written consent of the Grantee.
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 property for TLBD improvements described herein, Grantee,
at Grantor's written request, agrees to execute an appropriate written instrument to
terminate this easement.
17) Driveway The parties agree that Grantee shall provide, at the Grantee's sole
expense, asemi-circular driveway constructed in accordance with Attachment
"B" to this Easement.
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GFE-Word-Beautification Easement, SI16/00 4 V
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lIN WITNESS WIiEREOF, Grantor and Grantee set their respective hands on
the day and year above written.
RANTOR)
RANTOR)
W T ~ c;
Print Name by
Print Name
STATE OF FLORIDA
COUNTY OF&B]01~I4K~G+5
The foregoing instrument was acknowledged and sworn to before me this ~ ~
Day of , 2001 by iNed~ -+-W~(d~4- tb is/is not personally known to
me, or has produced .,..~ ° identifi on.
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GERALDiNE FI. `.:"~ `:~
Notary Public, State of Flora NOTARY PUBLIC ~ Gi
My comm. expires Dec. 7, 2002
No. CC795531 ~ ~:~~~•
Bonded !hru Ashton Agency, Icc. ~;: '
...fax. jy
STATE OF FLORIDA
COUNTY OF SEMINOLE
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CITY OF WINTER SPRIi\lR'A ~ EE)' ~, T~,~~',
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l° B Ronald McLdm~~. ~` ~ ~ ;°
City Manager {. ~~, ~ ' ~~'~ ~~ '~ ~~~`` ~~
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The regoing instrument was acknowledl
00 Ronald W. McLemore, Ci
orida o i snot personally known to
as identification.
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GFE-Word-Beautification Easement, 8fIG/00
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. anti ~rr~ to before me this ~ ~ ~ day of
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anager of the City of Winter Springs
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WITNESSES
Sheet 1
See Sketch of Description
Included as Attachment "A"
PROPOSED WALL EASEMENT
DESCRIPTION
A portion ofLot 148, Wnrter 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 Southwest corner of the aforesaid Lot 148, thence North OS ° 11' 44" East along
the Westerly line of said Lot 148 for a distance of 25.00 feet to the POINT OF BEGINNING;
thence South 84°48' 16" East for a distance of 18.00 feet; thence North OS° 11' 44" East for 4.50
feet; thence North 84°48' 16" West 6.67 feet; thence North 34°02' S0" West for 17.91 feet; thence
South 05 ° 11' 44" West along the Westerly line of said Lot 148 for 18.37 feet to the POINT OF
BEGINNING.
Prepared by:
Tinklepaugh Surveying Services, Inc.
379 West Nf~chigan Street
Suite 208
Orlando, Florida 32806
(407)422-0957
TO1-A37.148
This description and the aoecmpanying sketch or
skctches has been prepared in accordance with the
Standards set forth in Chaptex 61 G17, F.AC., pursuant O
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to Chapters 177 and 472, Fkxida Statutes. Unless it bears ~J
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the signature and the nu raised seal of a Florida m ~
lics~nsed surveyor and this drawingrs sketch, plat o z
ar map is far informedi ` pnl}~ and is not valid ~ ~
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AS1Y~'TCfI OF .I~~',~5'CRIPTION
NOT A SURVEY
PROPOSED WALL EASEMENT
1.) BEARINGS BASED ON THE PLAT OF WINTER SPRINGS
UNIT 3, PLAT BOOK 17, PAGE 89, THE EASTERLY RIGHT OF
WAY LINE OF SHETLAND AVENUE BEING NORTH 05'11'44" EAST.
2.) THIS IS NOT A BOUNDARY SURVEY.
3. THIS SKETCH PREPARED WITHOUT BENEFlT OF CURRENT
TITLE DATA AND IS SUBJECT TO EASEMENTS AND MATTERS
OF RECORD.
ATTACHMENT 'A"
SHEET 2 OF 2
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LOT 147 I
WINTER SPRINGS
UNIT 3
~ ~ PLAT BOOK 17, PAGE 89
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Tinklepaugh
SURVEYING SERVICES, INC.
379 W. Michigan Street, Suite 208 n Orlando, Florida 32806
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Tele. No. (407) 422-0957 Fag No. (407) 422-6915
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