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HomeMy WebLinkAbout2001 08 13 Consent B Public Improvements and Maintenance Easement and Agreement from Norbert Dorsey COMMISSION AGE:NDA ITEM B @ONSENT X INFORMATIONAL PUBLIC HEARING REGULAR August 13,2001 Meeting MGR ~PT /,,4/ Authorization REQUEST: Public Works Department Requesting Approval of the Public Improvements and Maintenance Easement and Agreement from Norbert Dorsey, as Bishop of the Diocese of Orlando. PURPOSE: The purpose of this Board item is to request Approval of the Public Improvements and Maintenance Easement and Agreement from Norbert Dorsey, as Bishop of the Diocese of Orlando for the construction and maintenance of Tuscawilla Lighting and Beautification District improvements at the northeast comer of Trotwood Boulevard and Tuskawilla Road. CONSIDERA TIONS: This public improvements and maintenance easement and agreement is needed for the construction and maintenance of the entranceway improvements by the TuscawilIa Lighting and Beautification District on the church property. The property is located on the northeast comer of Tuskawilla Road and Trotwood Boulevard. The agreement provides for the construction and maintenance of the proposed entranceway improvements including walls, signage, landscaping, brick pavers and irrigation. The property owner will be reimbursed for the cost of the existing wall up to the TLBD's construction contract bid amount of approximately $14,100. All costs incurred with the fulfillment of this agreement will be charged to the TLBD. 8130 I CB.doc August 13,2001 Consent Agenda Item B Page 2 FUNDING: Costs associated with the fulfillment of this agreem{mt will be the responsibility of the TLBD. Excluding legal fees, they are estimated at $14,100 for the wall construction reimbursement, $50 for recordation and $600 for the survey and legal description. RECOMMENDA TION: It is recommended that approval of the Public Improvements and Maintenance Easement and Agreement be granted from Norbert Dorsey, as Bishop of the Diocese of Orlando for the construction and maintenance of Tuscawilla Lighting and Beautification District improvements at the northeast corner of Trotwood Boulevard and Tuskawilla Road. IMPLEMENTATION SCHEDULE: All easements needed for the TLBD construction are pending approval except for Vista willa Drive which is forthcoming. ATTACHMENTS: 1. Public Improvements and Maintenance Easement and Agreement COMMISSION l( I J() I CB.doc A TT ACHMENT NO. 1 Prepared by and return (0: City of Winter Springs 1126 East Slate Road 434 Winter Springs. FL 32708 Altn: City Manager TUSCA WILLA LIGHTING AND BEAUTIFICATION DISTRICT IMPROVEMENTS AND MAINTENANCE EASEMENT THIS EASEMENT, made this day of 2001, by NORBERT M. DORSEY, AS BISHOP OF THE DIOCESE OF ORLANDO, a corporation sole, having a mailing address of P.O. Box 1800, Orlando, 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, 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 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, 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 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 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: 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 or grants of record, an improvement and maintenance easement over, under, and across the real property described as follows: A portion of Lol67, Tuscawilla Unit 8, as recorded in Plat Book 23, page 25 Public Records of Seminole County, Florida, being more particularly described as follows: Commence at the Northwest corner of Lot 67 according to the Plat of TuscawilIa Unit 8, Plat Book 23, page 25; thence S 71 degrees, 00 minutes, 30 seconds E for a distance of 10.98 feet along the North line of said lot 67 to the POIN~ OF BEGINNING; thence continuing along said north line for a distance of 1O.0D feet to a point on a curve concave Northwesterly having a radius of 5803.58 feet; thence from a tangent bearing S 19 degrees, 56 minutes, 44 seconds W along ,said curve through a central angle of 01 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 21.25 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 16.06 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 Easement Property to construct and/or maintain TLBD improvements over, under, and across the Easement Property, including, 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 ingress 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, and 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 incidental appurtenances and accessories thereto; b. To prevent any acti vity 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 mgress and egress to the defined TLBD tmprovements; d. To cut, trim, and keep clean such trees, brush, and undergrowth that might hinder or prohibit the use of the Easement Property including, but not limi~ed 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 and expense, to protect and preserve the Easement granted hereunder. 5) Obli2:ations 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 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 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 pennit 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 pennit requirements, obligations, and duties (if any) related to the construction, operation, and maintenance of the TLBD improvements and other incidental appurtenances and accessory structures. 7) Easements. 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 easement, even though conveyance makes no reference to this Easement as such. 8) Indemnification. 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 hannless against all liability, loss, cost, and expense, including attollleys' 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 or in 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, Ioss~ cost and expense. 9) 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. 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, lights, 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. 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 Rieht 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 Ae:reement. 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) Sovereie:n 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. 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 Dutv of Noninterference. Grantor agrees not to interfere with Grantor's rights to use the Easement Property as specifically set forth 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 TLBD improvements described herein, Grantee, at Grantor's written request, agrees to execute an appropriate written instrument to terminate this easement. IN WITNESS WHEREOF. Grantor and Grantee set their respective hands on the day and year above written. GRANTOR WITNESSES: By: Norbert M. Dorsey, as Bishop of the Diocese of Orlando, a corporation sole ST A TE OF FLORIDA COUNTY OF ORANGE The foregoing instrument was acknowledged and sworn to before me this day of , 2001 by NORBERT M. DORSEY, as Bishop of the Dioce~e of Orlando, a corporation sole, who is/is not personally known to me, or has produced as identification. NOT AR Y PUBLIC GRANTEE: CITY OF WINTER SPRINGS WITNESSES: By: Ronald W. McLemore City Manager STATE OF FLORIDA COUNTY OF SEMINOLE The foregoing instrument was acknowledged and sworn to before me this _ day , 2001 by RONALD W. MCLEMORE, City Manager of the City of Winter Florida, who is/is not personally known to me, or has as identification. of Springs, produced NOTARY PUBLIC - - Sheet I See Sketch of Description Included as Attachment "A" PROPOSED WALL EASEMENT DESCRlJ>TION A portion of Lot 34, Tuscawilla Unit 8, as recorded in Plat Book 23, Page 25, Public Records of Seminole County, Florida, being more particularly described as follows: Begin at the Southwest comer of Lot 34, according to the Plat of Tuscawilla Unit 6, Plat Book 23, Page 25; thence 1):23014'59" E along the Easterly Right of Way line of Tuscawilla Road for a distance of 130.00 feet to the point of CUlVature of a CUlVe concave southeasterly, having a radius of 25.00 'teet; thence along the arc of said CUlVe through a central angle of 85 044'31 II for a distance of37.41/feet to the point of tangency, said pointbeing on the southerly right of way ofTron;pod Boulevard; thence S 71000'30" E along said southerly right: of way for a distance of 16.68 feet; thence departing said southerly right of way S 18059'30" W for a distance of 15.251eet; thence N 71000'30" W for a distance of21.251eet; thence S 85032'24" W for a distance of6.91'feet; thence N 71000'30" W for a distance of2.36'ieet to a point on a CUlVe concave southeasterly having a radius of 15.00 feet; thence from a tangent bearing ofS 46':.19'48"'W along the arc of said CUlVe through a central angle of 23 034'49" for a distance of 6.17 feet; thence S 23014'59" W for a distance of 130.00' fuet to the southerly line of said Lot 34; thence N 66045'01" W along the southerly line of said Lot 34 for a distance of 10.00 feet to the POINT OF BEGINNING. Prepared by: This description and the accompanying sketch or sketches has been prepared in accordance with the Standards set forth in Chapter 61 Gl7, FAC., pW"SWUlt to Chapters 177 and 472, Florida Statutes. Unless it bears the signature and the original raised seal of a Florida licensed surveyor and mapper this drawing, sketch. plat or map is for informational purposes only and is not valid. ~~ ARTHUR W. TUCKER, P.L.S: # 4381 Date: - 2.-2-1]:- 0 f Tinklepaugh Surveying Services, Inc. 379 West Michigan Street Suite 208 Orlando, Florida 32806 (407) 422"{)957 TOI-A37.34 . '." J!'::... ,fr .: .i!fETCH OF LJESC.T/O/v ~rr~~ PROPOSE~M~~~~ASEMENT / / e ~~~ / i?O.,b .c9;?-,,~ .c9o~~ ~:.-.. ~~ / ~2J"34'49" R-1:LOO' L-e.rT' TB-S48"-W 48"W ~ 8 o. ";f SOUT7t l.JNc 'CRt.)' Of:" 7l?, RIQ/..{r 07)yOOD Of:" IVA}' 8O{j l.cV'ARD Tinklepaugh SURVEYING SERVICES, INC. 1.) BEARINGS BASED ON RIGHT OF WAY PLANS FOR TUSCA'MLLA I ROAD. THE NORTHEASTERLY RIGHT OF WAY OF TROlWOOD BOULEVARD BEING SOUTH 71'00'30" EAST. j 2.) THIS IS NOT A BOUNDARY SURVEY. 3.) THIS SKETCH PREPARED 'MTHOUT BENEFIT OF CURRENT TITlE DATA AND IS SUBJECT TO EASEMENTS AND MAnERS OF RECORD. ~ 1/ # A $ &~ ,,~ i;", ~~ ^~ ~J tf$ ~~ o / ~ to ~ " ;f ~ 0-.. ;fog G ~."f IUljl l.L (j J 0-/0...0 " fll2 ~ iS~' Q. B J.. 00 -..J LOT 34 j'SO(j ...t.. Of:" I.. "l1tcRI.. ~~( 379 W. Michigon Street. Suite 208 0 Orlando, Florida "TT"DtI.lEtH -,,- SHEET 2 0> 2 /' (, ., I l. -~- I 32806 Tele. No. (407) 422-0957 fax No. (407) 422-0915 LICENSED BUSINF~,)S No. 3770 i. '. . , 11111111/1 R 1111111111111 n III n 1111111111111 IS RI II III 11111 Prepared by and relurn 10: Q Cily or Winter Springs 1126 East Stale Road 434 ~ Winler Springs, FL 32708 Alto: City Manager MARYANNE MORSE, ClERK OF CIRCUIT COURT SEMINOLE COIJHY BK 04173 PG 0712 CLERK'S # 2001749739 RECORDED 09/19/2001 10:13:14 AM DEED DOC TAX 0.70 RECORDING FEES 42.00 TUSCA WILLA LIGHTING AND BEAUTIFICJ(f.tfJDMBY~J4Rl IMPROVEMENTS AND MAINTENANCE EASEMENT THIS EASEMENT, made this ('3 f! day of <:~.J.-.I.B~ , 2001, by NORBERT M. DORSEY, AS BISHOP OF THE IOCESE OF ORLANDO, a corporation sole, having a mailing address of P.O. Box 1800, Orlando, FL 32708 (hereinafter called "Grantor"), in favor of the CD'Y OF WINTER SPRINGS, FLORIDA, a Florida Municipal Corporation, having a mailing address of 1126 East State Road 434, Winter Springs, FI 32708 (hereinafter called "Grantee"). " " I. -'(" 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, 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 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 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: 1.1 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 maintenance across the real property described as follows: Page I of 7 easement over, Ullder, and . " CERTI FI ED COPY MARYANNE MORS1! CLERK OF CIRCUIT GGUfJJ SEM~LE COUNJY.. f\.DRlD.'J flY ,.-' /4:..-z:::'"~ ~ . DEPUTY Cl.eRK ~cp 19 2001 UL. .. , , 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 H..ecords of Seminole County, Florida, being more particularly described as follows: COlllmence at the 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 10.98 feet along the North line of said lot 67 to the POINT OF llEGINNING; 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 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 I .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 NOIiherly 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 16.06 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 2 I degrees, 49 minutes, 33 seconds E along the arc of said curve through a central angle of 0 I degree, 52 minutes, 49 seconds for a distance of 190.13 feet to the POINT OF BEGINNfNG. (hereinafter the "Easement Property") of the nature and character and to the extent hereinafter set forth ("Easement"). 3) Puq~ose of Easement. This Easement is granted for the express purpose of allowing Grantee to use the Easement Property to construct and/or maintain TLBD improvements over, under, and across the Easement Property, _including, 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 i: ." I '. :r: '. . ",1 A. /. incidental appurtenances and accessories thereto; FILE NUM 2001749739 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 .hinder or prohibit the use of the Easement Property including, but not limited to signage, walls, fountains, landscaping, and utilities and any other incidental appurtenances thereto; and ".: ,.. f 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 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 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 3 of 7 FILE NUM 2001749739 OR BOOK 04173 PAGE 0715 7) Eascmcnts. Run with the Land. This Easemcnt 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 convcyance conveying a portion of the Easemcnt Property relating to this easement, evcn though convcyance makes no refercl1(~c to this Eascmcnt as such. 8) Indcmnification. Grantee agrees it will cxercise 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 or in 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 Fces. In the event of any legal action ansll1g 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) Recor-dation. 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 mqutrles. 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 1\ or 7 FILE NUM 2001749739 OR BODK 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. t3) 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. 'I' . ..," I 14) Entire Agreement. This Easement constitutes the full and entire agreement between the parties hereto and supercedes a.ny 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, Florida 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 forth 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 TLBD improvemen~s described herein, Grantee, at Grantor's written request, agrees to execute an appropriate written instrument to terminate this easement. Page 5 or 7 FILE NUM 2001749739 OR BOOK 04173 PAGE 0717 IN WITNESS WHEREOF, Grantor and Grantee set their respective hands on the day and year above written GRANTOR By. ~ bt.])~ Norbert M. Dorsey, ~s Blsho 0 the Diocese of Orlando, a corporation sole "'~i'~'r~~. Sharon J. Molthen f.~ :~ MY COMMfSSIOfII # ((994932 EXPIRES ~:. . ~!il Moy 7, 2005 ~~p.r:,'r.-~" IONOfO lHou rooy 'AIN lNSUQANC~ ItIC. STATE OF FLORIDA COUNTY OF ORANGE day of Orlando, e foregoing instrument was acknowledged and sworn to before me this p.,.-y, , 2001 by NORBERT M. DORSEY, as Bishop of the Diocese of corporation sole, who is/is not personally known to me, or has produced as identification. N GRANTEE: CITY OF WINTER SPRINGS By j~ Iv'. ?n~ Ronald W. McLemore . City Manager / Page (j of 7 FILE NUM 2001749739 DR BOOK 04173 PAGE 0718 STATE OF FLORIDA COUNTY OF SEMINOLE ~ore oing instrument was acknowledged an.d sworn to before me. this / f day o . 0 I by ~CLEMORE) CIty Manager of the C1ry of Wmter Spr ngs, Florida, .. not personally known to me, or has produced as idenf 'lcation. L. ,,' - -' I 'm'fl'~"~~;',,- HOLLY PIERSTORFF. I ~ -, Notary Publ"oc - State 0( Florida : ..} My Ccmniss:01 &pre5 Jun 26. 2005 P ~"".~ Commission' 00037454 10. . Ih",\' , .... '" Page 7 of 7 Sheet I See Sketch of Description . Included as Attachment "A" PROPOSED WALL EASEMENT DESCRIPTION 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: Commence at the Northwest comer 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 1044'48" for a distance of 176.93 feet; thence S 71000'30" E for a distance of3.07 feet; thence S 4r33'24" E for a distance of6.91 feet; thence S 71000'30" E for a distance of21.25 feet; thence S 18059'30" W.for a distance of15.25 feet to the Northerly Right of Way ofTrotwood 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 of25.00 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 sketches has been prepared in accordance with the Standards set forth in Chapter 61 G17, FAC., pursuant 10 Chapters 1 T7 and 472, Florida Statutes. Unless it bears the signature and the original raised seal of a Florida licensed swvcyor and mapper this drawing, sketch, plat or map is for infonnational pyrposcs only and is not valid. ~~~~ ARTHUR W. TUCKER, P.L.S. # 4381 Date: z:.,... z...p ~ I Tinklepaugh Swveying Services, Inc. 379 West Michigan Street Suite 208 Orlando, Florida 32806 (407) 422-0957 TOI-A37.67 Oil ;:0..... r t:J:l1Tl o 02 :::r::C 3: o ~l\) ....0 -..10 W.... -..I ~ I.D "0-..1 DW GJI.D ITl o -..I .... I.D O'TJ ;u..... r tIlfTl o oz :::CC 3: o ~I\) --0 '-'0 W-- " ~ lD "0'-' DW Tinklepau9h SURVEYING SERVICES~ INC. W. Miehigon Street. Suite 208 0 Orl~do, Florido S~'7i'7'C// OF LJ.ff'SC/?/PT/OJV NOT ~ SURVEY PROPOSED WALL EASEMENT f ............... ...... ~ S'7,~. _ j- IQo(yJo-t: !8 0, o I o ~ <<' t:5 Q) I.... ! ~ ------ ...... )... .6-J"2O'01- ~ ~ Q R-28SJ7.79' /:s f L-HI8.6O' 0 l~~ 0(5 ~()j 0~ fats 60-01 '52' oW- R-5N3.M' .....,oa.,3" / f'........ ~ t) :::J / q:~ )...(5 ~()j ",,2 0"" / 1....0 ~I-.. 'b (j ~I.... ~,.,J~ Q..::;j / .6-56'4Otrf' / R-25.00' ~r:; LOT 67 ( ~I l.~ ~ ~ ~o ...... ,~ ~ -~ .bo~ -------- ~~.b_ ~~! NORTHERLY RIGHT Of WAY ~ ~ t:~ BOULEV_ o o ~. / BEARINGS BASED ON RIGHT OF WAY PLANS FOR TUSCAWlLLA ".:, THE NORTHEASTERLY RIGHT OF WAY OF TROTWOOD BOULEVARD ~ SOUTH 71"00'30- EAST. THIS IS NOT A BOUNDARY SURVEY. THIS SKETCH PREPARED W1lliOUT BENEFIT OF CURRENT LE DATA AND IS SUBJECT TO EASEMENTS AND MAnERS RECORD. 379 Il.TTACHMENT .~. SHEET 2 OF 2 il I l. -~- I 32806 Tele. No. (407) 422-0957 Fax No. (407) 422-6915 LICENSED BUSINESS No. 3778