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HomeMy WebLinkAboutChestnut Estates Homeowners Association-TLBD Easement Improvements- 2001 12 11IIIIIIIIIIII111a111ilIIIIIIIIMIII~111IINI1IIIIIIIIIIINI Prepared by and return to: City of Winter Springs l 12G East State Road 434 ~(1~' inter Springs, FL 32708 Attn: City Manager MARYAI~IE MORE, CLERK OF CIACIIIt COURt 9EMINOLE COUNtY BK 04241 PG 0332 CLERK'S # 2001790412 RECORDED 12/18/2001 08~55t~3 AM DEED DOC TAX 0.70 RECORDING FEES 33.00 RECORDED BY L McKinley TUSCAWILLA LIGHTING AND BEAUTIFICATION DISTRICT IMPROVEMENTS AND MAINTENANCE EASEMENT THIS EASEMENT, made this ~l "~ day of i~r+s/-~.-~R~~_, 2001 by THE CHESTNUT ESTATES HOMEOWNERS ASSOCIATION, INC., a Florida Not-for-Profit Corporation having a mailing address of 102 Black Cherry Court, Winter Springs, F132708 (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 32'i08 (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, and its 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 depicted on EXHIBIT "A", G1=E-Word-Beautification Chestnut Estates Easement-I (/12/01 FILE NUM 2001790412 OR BOOK 04241 PAGE 0333 Which is attached hereto and incorporated herein by this reference (hereinafter the "Property") of the nature and character and to the extent hereinafter set forth. 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; To use this Easement for ingress and egress to the defined TLBD >improvements; d. To cut, trim, and keep clear 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. 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. GFE-Word-Beautification Easement, 4/17/01 FILE NUM 2001790412 OR BOOK 04241 PAGE 0334 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: 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. 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. If said public improvements are assessed taxes, the Grantee will be responsible for the payment of taxes attributed specifically to the public improvements. 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. GFE-Word-13eautification Easement, 4/17/01 FILE NUM 2001790412 OR BOOK 04241 PAGE 0335 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 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. Upon termination of the Easement by the Grantee, Grantee, upon request of the Grantor, will remove the TLBD improvements and restore the Property to its original condition, less reasonable wear and tear. 17) Reciprocal Indemnification. To the extent permitted by law, each party hereto agrees to indemnify and hold harmless the other party hereto and the other party's employees and officers from and against all claims, losses, damages, personal injuries (including but not limited to death), of liability (including reasonable attorney's fees through all appeals), directly or indirectly arising from, or out of the indemnifying party's acts, errors, or omissions, intentional or otherwise, resulting from this Easement and Agreement. GAB-Word-13cau[itication Easement. 4/17/01 4 FILE NUM 2001790412 OR BOOK 04241 PAGE 0336 IN WITNESS WHEREOF, Grantor and Grantee set their respective hands on the day and year above written. GRANTOR I Print Name ~ ~ ~itA THE CHESTNUT ESTATES HO OWNERS ASSOCIATION, Inc. Robert Olson, President by Print Name STATE OF F~A~~ ~ ~ i Zr ~ ~ '~ COUNTY OF SF;114~#9~ /'~ ~ r; L ~~ PAL ,~ The foregoing instrument was acknowledged and sworn to before me this llay of y~f~ , 2001 by /l/~.,c~ . T_Jrl ~2i ~'~Gho is/is not personally known to me, or has produced /`"/ d•^i ri G b /'/y~r,f '~ ` `~ 5dentification. GRANTEE r WITN SES :, /`' ~ ~~ Print ame~~~1~'" ~ ~c~~c~s STATE OF FLORIDA COUNTY OF SEMINOLE The foregoing Instrument was acknowledged and sworn to before me this ~ day of ~, 2001 Ronald W. McLemore, City Manager of the City of Winter Springs Florida wh i is not personally known to me, or has produced as identifica Ion. ~~~~~ NOTARY PUBLIC ~'~° ~~ NO RY P C Nt~r PNDIiC - Nrtza~ ~ ~Y INy CamrrYeelon Expk~s 8, 2006 CITY~OF WINTER SI~RINGS By: Ronald W. Mci more -_ City Manager '~ ' ~ -~ .-`'~"'"w, ~~Y/lnne Willett **MY Cammisdoe CJ GFE-Ward-Beautification Easement, 4/17/01 5 ~wn~ ~~ J8~11~ 14,1004 FILE NUM 2001790412 OR BOOK 04241 PAGE 0337 Sheet 1 EXHIBIT "A" DESCRIPTION: A portion of lot 32, Chestnut Estates, Phase Two , as recorded in Plat Book 48, Pages 89-92, Public Records of Seminole County, Florida, being more particularly described as follows: Begin at the Southeast corner of said Lot 32, said corner being on the North Right of Way line of Winter Springs Boulevard; thence run North 89° 56' 00" West along said Right of Way line and south line of said Lot 32 for a distance of 84.40 feet; thence departing said Right of Way line and lot line, North 00° 04' 00" East for a distance of 7.75 feet; thence South 89° 56' 00" East for a distance of 77.50 feet; thence North 45 ° 04' 00" East for a distance of 34.15 feet; thence North 00° 04' 00" East for a distance of 6.35 feet; thence South 89° 56' 00" East for a distance of 7.75 feet to the East line of said Lot 32 and West Right of Way line of Seneca Boulevard; thence South 00° 04' 00" West along said lot line and Right of Way line for a distance of 13.25 feet to a point on a curve, concave Northwesterly and having a radius of 25.00 feet; thence run Southwesterly along the arc of said curve through a central angle of 90° 00' 00" for a distance of 39.27 feet to the POINT OF BEGINNING. Prepared by: Tinklepaugh Surveying Services, Inc. 379 West Michigan Street Suite 208 Orlando, Florida 32806 (407)422-0957 TO1-E45 This description and the accompanying sketch or sketches has been prepared in accordance with the Standards set forth in Chapter 61 G17, F.A.C., pursuant 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~~~l~~ ARTHUR W. TUCKER P.L.S # 4381 Date: /,2 - ? - ~ / . , ' • • ,~S'1Y~'TCII OF I~~',SCI~IPTI01l~ ATTACHMENT "A" NOT A SURVEY LOT 3,2 LOT 33 CflE'.STNIlT E'.ST.dTE'S, PBASE' TA'O P.B. ~B, PAGE' 9,2 ~, I~ I la I I; I I~r I ~ i~ I< I I~ I I c~ I IZ I IF tJ.l ~x I IW I I :~ M ~I I I O~ W LOT 3,2 ~ I I Z p PLATTED I I ~ ~ LANDSCAPE, WALL I ~o' PLATTED `t ^ AND SIGNAGE I DRAINAGE EASEMENT ~ I~ EASEMENT I t LOT 31 ~ (SHADED AREA) p~' +'. . PLANTING AND SCREENING Z \ S 89~56~00" E~{~~v EASEMENT '~ --77.50,__-~c{f"~~~ RIGHT OF WAY LINE ~ T~ ~~ 0 -- 84.40' N 89'56'00" W POINT OF BEGINNING SE CORNER OF LOT 32, CHESTNUT ESTATES PHASE TWO - L E G E N D L ARC LENGTH R RADIUS ~ DELTA PC POINT OF CURVATURE PT POINT OF TANGENCY P.B. PLAT BOOK PG. PAGE PT z r 0' 30' '~ 3 ~ I I ~ I 30' ~- w !-- 30' 3 r I ~ I~ D_ ~ n ~n ~, 3 I ~ V in O N ~ ,W trj O ''~~ ~o~w N I I t -~- PARCEL .2 ,SENE'C.l BEND P.B. 50, PG. > i -- --~-- 0 co / I l - -~- - - 1 ~'INT~'R ,SfRING~S'' BOUL~'y~Rl~ 120' RIGHT OF WAY SURVEYOR'S NOTES: 1.) THIS IS NOT A BOUNDARY SURVEY. 2.) BEARfNGS BASED ON THE PLAT OF SENECA BEND, THE EASTERLY RIGHT OF WAY LINE OF SENECA BLVD. BEING N 00' 04' 00" E. 3.) THIS SURVEY PREPARED WITHOUT BENEFIT OF CURRENT TITLE DATA AND IS SUBJECT TO EASEMENTS AND MATTERS OF RECORD. 4.) R/W LINES BASED ON RECOVERED CORNERS O ~ 9000'00" CURVE C1 R ~ 25.00' L ~ 39.27' Tinklepaugh SURVEYING SERVICES, INC. 379 W. Michigan Street, Suite 208 ~ Orlando, Florida 32806 Tele. No. (407) 422-0957 Fax No. (407) 422-6915 LICENSED BUSINESS No. 3778 ORDER NO.T01E45 FILE BX 7164 O m O O O N -.- ,-