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HomeMy WebLinkAbout2001 08 13 Consent E Public Improvements and Maintenance Easement and Agreement from Fernando and Wanda Fuentes COMMISSION AGENDA ITEM E ~:ONSENT x INFORMATIONAL PUBLIC HEARING REGULAR August 13, 2001 Meeting MGR ~EPT j/f/ Authorization REQUEST: Public Works Department Requesting Approval of the Public Improvements and Maintenance Easement and Agreement from Fernando and Wanda Fuentes. PURPOSE: The purpose of this Board item is to request Approval of the Public Improvements and Maintenance Easement and Agreement from Fernando and Wanda Fuentes of985 Shetland Avenue for the construction and maintenance of Tuscawilla Lighting and Beautification District improvements at the northeast corner of Shetland Avenue and South Citrus Road. CONSIDERA TIONS: This public improvements and maintenance easement and agreement is needed for the construction and maintenance of the entranceway improvements by the Tuscawilla Lighting and Beautification District on the Fuentes property. The property is located on the northeast corner of Shetland Avenue and South Citrus Road. The agreement provides for the construction and maintenance of the proposed entranceway improvements including walls, signage, landscaping, brick pavers and irrigation. It also provides for the relocation of the Fuentes driveway at an estimated cost of $14,000. Costs incurred with the fulfillment of this agreement will be charged to the TLBD. FUNDING: Costs associated with the fulfillment of this agreement will be the responsibility of the TLBD. Excluding legal fees, they are estimated at $14,000 for the driveway relocation, $50 for recordation and $800 for survey and legal description. 8130 I CE.doc August 13,2001 Consent Agenda Item E Page 2 RECOMMENDA TION: It is recommended that approval of the Public Improvements and Maintenance Easement and Agreement be granted from from Fernando and Wanda Fuentes of985 Shetland Avenue for the construction and maintenance of Tuscawilla Lighting and Beautification District improvements at the northeast comer of Shetland Avenue and South Citrus Road. IMPLEMENTATION SCHEDULE: All easements needed for the TLBD construction are pending approval except for Vistawilla Drive which is forthcoming. ATTACHMENTS: 1. Public Improvements and Maintenance Easement and Agreement COMMISSION 8130 I CE.doc ~ '.. \ A TT ACHMENT NO. 1 Prepared by and return (0: City of Winler Springs 1126 East State Road 434 Winler Springs. FL 32708 Ann: George F. Edwards, P.E. TUSCA WILLA 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 Shetland Ave. Winter Springs, 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 TuscawilIa 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. tenns 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: C;FE.\Vord.llcautillcat;on Easclllcnt. Shctl;""J 1/2.'iI I 4/00 " -, , 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 comer 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 05 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 05 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) Ri~hts 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, sign age, 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 limited 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. GFE.Word.lkaUlilicalio" EasclIlc"!. H/I(,/OO 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 fo'r 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 makes the following representations and warranties to Grantee: a. Grantor is lawfully seized of said Property in fee simple and has full and lawful authority to execute this Easement, convey the' Easement to Grantee, and bind the Property as set forth herein. b. The 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. GFE. Word.lkall,ilical;Oll Ea~CllIClll. H/I (,/00 ] 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 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 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 representati ves thereto. 15) Grantors Duty of Noninteference. Grantor agrees not to interfere or allo\l{ 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, a semi-circular driveway constructed in accordance with Attachment " ll" to th i s Easemen t. C;I'I,.Wort!.llc:lI11iIlC;llioll EaSCII.CI1I. XII (>I(J(J 4 IN WITNESS WHEREOF, Grantor and Grantee set their respective hands on the day and year above written. WITN~ 0'if~r.~ r Print Nam r{:& ~rnf::;(~ \, by Print Name STATE OF FLORIDA COUNTY OF 3EMfi{OLE Of2A-1U6tE The foregoing instrument was acknowledged and sworn to before me this .fl / Day of ~()ILt( ,2001 by FE1?Mf~D+W~A Fu s/is not personally known to me, or has produced P L IL h~c- as identi ation. i9"! .,.._~._n ..._ -. ~...,...rr.1I"":""'.::'~~'.... !~ l~ ~ GERALDIN~"....':., Notary Public, Slale 01 FI(Jr:f'~ My comm. expires Dec. 7. 20~~ No. CC7955~ 1 . BO'"dI"," ""100 AgO'". " \ ..........~.........;I,...lJ"I~~~"'-U:O CITY OF WINTER SPRINGS (GRANTEE) WITNESSES Print Name By: Ronald W. McLemore City Manager Print Name STATE OF FLORIDA COUNTY OF SEMINOLE The foregoing instrument was acknowledged and sworn to before me this _ day of _,2001 by Ronald W. McLemore, City Manager of the City of Winter Springs Florida who is/is not personally known to me, or has produced as identification. NOTARY PUBLIC GFE. Woro-llcaulilic:lliOIl t:.a~cIllCIII. 1lI1 (jJoo 5 Sheet 1 See Sketch of Description Included as Attachment "A" PROPOSED W ALL EASEID~NT DESCRIPTION A portion of Lot 148, 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 Southwest corner of the aforesaid Lot 148, thence North 050 II' 44" East along the Westerly line of said Lot 148 for a distance of25.00 feet to the POINT OF BEGINNING; thence South 84048' 16" East for a distance of 18.00 feet; thence North 050 11144" East for 4.50 feet; thence North 84048' 16" West 6.67 feet; thence North 34002' 50" West for 17.91 feet; thence South 050 II' 44" West along the Westerly line of said Lot 148 for 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 Standards set torth in Chapter 61017, FAC., pursuant to Chapters I Tl and 472, Florida Statutes. Unless it bears the signature and the original raised seal of a Florida licensed swveyor and mapper this drawing, sketch, plat or map is for informati urposes pnly and is not valid. Tinklepaugh Surveying Services, Inc. 379 West Michigan Street Suite 208 Orlando, Florida 32806 (407) 422-0957 TOI-A37.148 , I .-;. ,. ~ . I.. I -'-1 I I LOT 147/ I I / l- I / I I ----J I / I I --1 NOT A SlJR""V S./l.ETCH OF .lJESC/?/P7YO./V PROPOSED WALL EASEMENT 1.) BEARINGS BASED ON THE PLAT OF WINTER SPRINGS UNIT 3, PLAT BOOK 17, PAGE 89, ll-fE EASTERLY RIGHT OF WAY UNE OF SHETLAND AVENUE BEING NORTH 05""44" EAST. 2.) ll-fIS IS NOT A BOUNDARY SURVEY. 3.) ll-fIS SKETCH PREPARED Wlll-fOUT BENEFlT OF CURRENT llTLE DATA AND IS SUBJECT TO EASEMENTS AND MATTERS OF RECORD. - 35.00' - ...; I I , I , I I ,w 15 f:i :s .... '5 11i: WINTER SPRINGS UNIT 3 PLAT BOOK 17, PAGE 89 LOT 148 I I. I , ~I ~I - 35.00' - "q I ~I ~j ~t POINT OF "BEGINNING I I I POINT OF' . OSFOUTHWESf%~~1CREMENT lOT 148 --~----L -- 'sOU.7'H C./7prTCI ~ -------_ .L~C.hJ. .L,'OA.D ---___ ~ N 34"()2'SO" W / 17,91' II .q.. .q.", ~~ r' It)~ o C/) N 84-48'16" 6.67' W 159.578 SQUARE fEET --N 4.50' 18 ' -.--- Q~~r44" E .00 . ----_____ t:' oS 84'48'16. E ;-'/0 ~'Iri ..CU It) o Z AlTACHMENT -.." SHEET 2 Of" 2 ---- ! 25' J---- 6RIDlf PATH EASEMENT -----.3!P2.U)f: WAY U!!E ------- 'Tinklepaugh SURVEYING SERVICES. INC. 379 W. Michigan Street, Suite 208 D Orlando, Florida 32806 Telc. No. (407) 422-0957 Fax No. (407) 422-6915 LICENSED IJUSINESS No. 3778 'l'us.cawil1a Lighting and Beautification District Entryway Improvements FLARE CRI'IE WAY ENTRY TO la' WlDT," ~I 3/ ./ ~ / 5, ~ / Q, ~ i G< I'" I~ ASPHAl T ORI'....( ~, LO- 147 y- \,- ". BReLf PAT' .~I :~..Arr[c- e:AS(l.lo,r \S) ~"'I 'SlOP'S!",,1 S '34::!..~i.2" [ \ , ~,..\..~ f1""'" ,..~t'''''..\ \ \ J ~I ~ s ~ ~ / ~I ; .{ ~I & I ~ I ~I ~ ~I u ~I I ~I ~I -APER DRVE TCMATC," EXISTING 1"" WlDT," '. h'_n. -_.__ ----.....~.hm_.".... .... USE ORIGINAL WALL DESIGN PER PL~NS SCALE I' , 2(';' -~..__..__..._-~_.__...._.__.w._.________._____.____________.,__ ---...---.----- . . --. .-..-------------..-..--.---- ..._u_______._...__.. _._.__..._.__.___.____......____._. ... ~ .......... ...-..--..----. "-".. '. Attachment B . SrI Proje:::t No. <38@18 2':> Md~ 01 R::'/ 13 JUN (2;1 .....--.-----.----._._...._h n_..___._..._n__.._.._____.__. ....._____._______.......__......_...... .. ....__ .___._ ._.___. .._._._.__ Prcparcd by and rcturn to: City of Wintcr Springs 1126 East Statc Road 434 Wintcr Springs, FL 32708 Ann: Gcorgc F. Edwards. P.E. qA'^^- ~; <- 4- c.:>! }'1~ ( ~ ( ~e.~J) ~ c(~01 " " ~ .~ TUSCA WILLA LIGHTING AND BEAUTIFICA TION DISTRICT IMPROVEMENTS AND MAINTENANCE EASEMENT THIS EASEMENT, made this day of. ,2001 by Fernando and Wanda Fuentes having a mailing address of 985 Shetland Ave. Winter Springs, FL 32708 (hereinafter called "Grantor"), in favor of the CITY OF WKNTER 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 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: GFE-Word-Ucautificatioll Eascmcnl- Shctland 112-9114/00 ," i 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 comer 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 05 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 05 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 i m pro vemen ts; 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 limited 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. GFE-Word-BcaUlificalion Eascmcnl. 8/16100 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 makes the following representations and warranties to Grantee: a. Grantor is lawfully seized of said Property in fee simple and has full and lawful authority to execute this Easement, convey the Easement to Grantee, and bind the Property as set forth herein. b. The 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. GFE- Word-Bcautification Eascmcnt. 8116100 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 injuncti ve 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 Immunity. Nothing contained in this Easement shall be construed as a waiver of the Grantee's right to sovere.ign 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 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 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, a semi-circular driveway constructed in accordance with Attachment "B" to this Easement. GFE-Word-Bcautificalion Eascmenl. 8116/00 4 .r IN WITNESS WHEREOF, Grantor and Grantee set their respective hands on the day and year above written. by Print Name STATE OF FLORIDA COUNTY OF SEMll'JOLE of2..ft/C(],r;- ~!~regOing instrumf!l'~lw,aaf. aCkn~dJlli! and sworn to before me this ,})/ Day of , 2001 byfJ1]jVftlif))f(JJffIJ!Yl 'll!f:I-'who is/is not personally known to me, or h~"~".~.:.~~,, b,rJ' ~7ati~:i' , l1 Gen"LL!,,",. ...., ,,' ~ Nolary Putllic, S;2hc '~, Fir;r:C:G .] \ l.lW/I- My comm expire~_O".~:. ?.,~~~21 NOT AR Y PUBLIC-ERA'l N ,,' ~'>J. Gel,:,:,:,.:.1 .." , I E H. IN(~ Bondc~ :hru ,i1.,shi0r! ;j.g?rlCY, 1.-;: : . _.':"":'".:....r:::o..'.I.- ; '';, ........~~:...."'i..~......"t~'!#l'"":Y~i.lc:~."....., WITNESSES CITY OF WINTER SPRINGS (GRANTEE) ,./) /) /( t7J/~JJ [L). '7 ).!}~..-.: '. ~------- e By: Ronald W. McLemore City Manager STATE OF FLORIDA COUNTY OF SEMINOLE ThG foregoing instrument was acknowledged and sworn to before me this ctf'ctay of ~ 20~.J..-by Ronald W. McLemore, City Manager of the City of Winter Springs '/'Florida ~iS not personally known to me, or has produced as identification. ~ L Llv~/ . NpTARY PUBLIC GFE-Word-Ucautificatiol1 EascIllCl1t.1:lI16/00 5 I .,~. 'foNQBEA.LORENZO-LUACES . " ~ MY ct:>"1~!SIlION if CC 631931 ',' '.\'.J?<P!~eS:-May 9, 2003 i:OO~~ARV AI> NOtatySetVice & BondIng Co. " Sheet 1 See Sketch of Description Included as Attachment "A" PROPOSED WALL EASEMENT DESCRIPTION A portion of Lot 148, 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 Southwest corner of the aforesaid Lot 148, thence North 050 II' 44" East along the Westerly line of said Lot 148 for a distance of25.00 feet to the POINT OF BEGINNING; thence South 84048' 16" East for a distance of 18.00 feet; thence North 050 II' 44" East for 4.50 feet; thence North 84048' 16" West 6.67 feet; thence North 34002' 50" West for 17.91 feet; thence South 050 II' 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 Michigan Street Suite 208 Orlando, Florida 32806 (407) 422-0957 TOI-A37.148 . " ~ . I.. I -~-I , , OT 14 / I I , I l- I I , , --J I I , I I --1 NOT A SURVf:Y SKETCH OF LJESC./?/PT/O.IV ATTACHMENT "A" SHEET 2 OF 2 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 Ob.1" 44" EAST. 2.) THIS IS NOT A BOUNDARY SURVEY. 3.) THIS SKETCH PREPARED WITHOUT BENEFIT OF CURRENT TITLE DATA AND IS SUBJECT TO EASEMENTS AND MATTERS OF RECORD. I I , I , , I 'w 15 1>- ~ ~ ..... I~ liE WINTER SPRINGS UNIT 3 PLAT BOOK 17, PAGE 89 LOT 148 I I. I I ~I ~j - 35,00,-l' ~ r--35aa'- N' ~ ~I ~I P i OINT OF BEGINNING I I POINT OF I SOUTHWEsfO~MRENCEMENT OF lOT 148 NER ---4-"__~ ---- S0177'P /YT'I7DTTO -----_ .LZ ~.iJ.i~C./AJ ROAD --- II '+.. '+...... ~I") r. tt)~ o en N J4"02'~50" W / 17.91" N 84 "~3'16" W 6.67' 159.578 SOUARE fEET--N 4.Sp' 18.00' -------Q~~l_4.i.._~___ 1-'" .. S 84"48'16" F ...,. 0 - """0 ~11ri ..ru I() o Z -------- -- ---- ----- ---- ! 25' OR'OLE PAll< """EN' J ------.B!Q1iT_OF WAY LINE ---- ----- lrinklepaugh SURVEYING SERVICES, INC. 379 W. Michigan Street, Suite 208 0 Orlondo, Florida 32806 Tele. No. (407) 422-0957 Fax No. (407) 422-6915 LXCENSED BUSINESS No. 3778 I I , i I I \ I i I \ i I I I I I i I I \ I , I I I , i I i I , I I I ! l' I :<;l.0') .-/' ',.;;0') S ~............. /\--ltl'............. - .,............. ~ ~ A S'H.E'7'LA./VLJ _4 P.E'.lV&:e --!r---J,j-_____._ ___ ___ ___ I - II ~ I I , , I VJ ~ f () :>- 0 VJ ;z "0 :z: () :l> OJ ,-- ,.., ., -, ('1 ::; )> ,-- " "0 )> i: ~ ~ C ~ (p ~ rl\ Q /D \I ..J. ':3 G\ =- ~ ~ ~ C) E.-- l>~~ ' ~=~/j m Q.. ~ /~'; ~ (j// / l I ~ :=; / / 11 1) ~ I I r == I' I ~ r:IJ. I' /1 (P / I .. / J 1 l.........J /// II I>,,>.:: = ,///// /. ~ r I ',9 ~/ I, ~ \~~ II ~~ II(~ ~ ~ I I i~, ~ ~ [ II~ ! 1 ~~1~2~ '" . I I' ~~ ~ ~ ~ ~ I ~ee 1 ~ ;' ! i ~ I 1 'd z x ~;q I I I ~ I I I 1 I I i I I I I I II I I -- ~- () o 2Q <:: m II , () L. /D (b 1~.1 ~ rIJ. " "-> Z c;:i \J1 () L ::r ~ .... CUJl.),)r ~ ZIL. 0 ~0-"'. - -I.),) I o I ~~ :r~ ~.s:= ~(JQ i~(IJ ~Q.~- ~ ~t= :3 ~ ~ ~a~ ~ =a. . ;II ~~- ~ 53:t. ~ ~ 0 .... ~ ~ ~ I I ~ [ , 1 ~ [~ -l () ~ E 6 -l J: -" -I'> -...j WOODS liNt" ) ""\...,.> .^............~~A.. )> 0'1) 'J" -:r <,. ,..,,-- .... N 05.'/1'44" [ ------- ---. RIGHT OF WAY LINE --'- ---..- ROUND PL NTER () og ?Eo <OJ fT1(I' -< ,.., '- EDGE OF PAVMENT CENTER OF ROUND PLANTER ------ ....---' ~--- ------- ....---~ - ;'s ~.? \ XJ$..s...~ ------........ ~;B !:::() Z< t.\6 mm -0 ,,~ p.-~ -l-o - ~m, -l~~ J: .... (;\ Z.l>.;;:; III \\"1 . EOO Um~ /O(;\J: <~O nim-o E:J:m !'<~Z m_ '/0""' Rm(1 :t">Op -tm< -Zm ~OA] 0'0' x ~ ~ N -- 23.218' iV ~\ Ol 21.30' Xs ~~ ~ 18.e>~ Q ()() 00 z<: ()- .\) .f>. lJl i'-.l J;,. x ~ o lJt \.JJ ()\ lJJ 1\.1 .., 1>- -0 m /0 o ~ [f3'00~ -l "V ~ ~ ~ 0 ~U~ x U'> -l z: (;\ ~ s CJ -t J: 11/03:_ 11m)>, m(l) (I) -(1)-\ "!JOO . m Z 71 o Z /0 IV =()-< ( ~m 4.40' lJl \ ~ (j 8/.24' > ~ ~ ~ ~ ~ = ~ = ~ = 40.40' -- -- G ~ ~ T_~ ~,_, _.:~. .. __ _ . _ ~ ___-_ . 1~m~~i~liimlm~~initIII11II!{ItIIfIIIIEfI{nini~m .. ` , 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. ~~ w~ xc ~N n°a NV m V ro~ am ~~ rn r O O N 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 m t~ 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 ~ o cn a 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 ~ ~, a, in the public records of Seminole County, Florida. ~ o~ 0 0 m 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. r O O GFE-Word-Beautification Easement, SI16/00 4 V .T .:, ,..mss.. '-%'~. '.Fr'E.. ...~.,... _. :...:;. ... 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. ~~~-~T s 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 iWl~~7 CITY OF WINTER SPRIi\lR'A ~ EE)' ~, T~,~~', ,~ ~ '~ ~ , ~` ; ~ • ~ l° B Ronald McLdm~~. ~` ~ ~ ;° City Manager {. ~~, ~ ' ~~'~ ~~ '~ ~~~`` ~~ ,, .r .~ ~~ The regoing instrument was acknowledl 00 Ronald W. McLemore, Ci orida o i snot personally known to as identification. y GFE-Word-Beautification Easement, 8fIG/00 ~. . anti ~rr~ to before me this ~ ~ ~ day of ~: ~ . anager of the City of Winter Springs ,~~`' S , ~ ~IIS of ~ ~ N TAI~Y`: P`~TBC ± ~{ EN~~ o * oa eata~~ 00 °~ MW 0+~ ,,~ " ~,~, th OonIMeOCo. ; ,a ~~ 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 N to Chapters 177 and 472, Fkxida Statutes. Unless it bears ~J r- 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 ~ ~ " ~Q G I . ,L.. ~~ 17 ' ,. Cn o N V Date: ~ ~ l 7 ~r, V ~` ~tafk Qf " >m fi '+ .~qt0 ~ ~ ~'~ ~~~~x~ t ~~ ~ C ~ y ':°, ; "'~` O ~ 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 - -r N' r I '. r r r LOT 147 I WINTER SPRINGS UNIT 3 ~ ~ PLAT BOOK 17, PAGE 89 i~ i~ ,~ LOT 148 3 r~~'- 35,00' r ra` r I 3 N 34'n2'SQ" W 1 ~j~,~ / ~ 7.9~' ~~ ~1 ~ // _-__, ~ I ~ ~ 684%48'16" W r ~ ~ ~ 159.578 87 4 y SQUARE FEET N ~' ~" E . PANT ~ BEGINNrNG 18.00' --_---_-05'11 ___---_____ r ~ .S 84'48'16" E -----_ r rt r a° I r =+ r Iri _____J ~'j N 25' BRIDLE PAiH p EASEMENT z PaNT LD ~gT ~N~ ENT ---.,___~-~..~_ R1GHT~A'UNE T ~~ -- ~SO~T$ CI,T.~Pll~S'' Tinklepaugh SURVEYING SERVICES, INC. 379 W. Michigan Street, Suite 208 n Orlando, Florida 32806 O O ~P r N ro a ca 0 F- 0 Tele. No. (407) 422-0957 Fag No. (407) 422-6915 LICENSED BUSINESS No. 3778 N L V ~ 2 ~ ~ r h~ 'i D ~ r ~~~ 2 ~~V` J C N iTi D ~D ~ r ~. 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