HomeMy WebLinkAbout2001 08 13 Consent F Public Improvements and Maintenance Easement and Agreement from The Reserve at Tuscawilla Homeowners Association, Inc.
COMMISSION AGENDA
ITEM
F
CONSENT X
INFORMATIONAL
PUBLIC HEARING
REGULAR
August 13,2001
Meeting
MGR ~EPT J~
Authorization
REQUEST: Public Works Department Requesting Approval of the Public Improvements and
Maintenance Easement and Agreement from The Reserve at Tuscawilla
Homeowners Association, Inc.
PURPOSE: The purpose of this Board item is to request Approval of the Public Improvements and
Maintenance Easement and Agreement from The Reserve at Tuscawilla Homeowners
Association, Inc. for the construction and maintenance of Tuscawilla Lighting and
Beautification District improvements at the east and west sides of the eritrance at S.R.
434 and Tuscora Drive.
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 Reserve at Tuscawilla Homeowners Association, Inc.
property. The property is located on the east and west sides of the Tuscora Drive entrance at
S.R. 434.
. The agreement provides for the construction and maintenance of the proposed
entranceway improvements and includes utilization of the existing walls, new walls and
signage, landscaping, brick pavers and irrigation. Costs incurred with the fulfillment of this
agreement will be charged to the TLBD.
l( IJO I CF.doc
August 13, 2001
Consent Agenda Item F
Page 2
FUNDING:
Costs associated with the fulfillment of this agreement will be the responsibility of the
TLBD. Excluding legal fees, they are estimated at $50 for recordation and $600 for sUIVey
and legal description.
RECOMMENDA TION:
It is recommended that approval of the Public Improvements and Maintenance .
Easement and Agreement be granted from The ReseIVe at Tuscawilla Homeowners
Association, Inc. for the construction and maintenance of Tuscawilla Lighting and
Beautification District improvements at the east and west sides of the entrance at S.R.
434 and Tuscora Drive.
IMPLEMENTATION SCHEDULE:
All easements needed for the TLBD construction are pending approval except for
VistawilIa Drive which is forthcoming.
ATTACHMENTS:
1. Public Improvements and Maintenance Easement and Agreement
COMMISSION
g I)(J I CF.doc
A TT ACHMENT NO.
..~ .
Prepared by and return to:
City of Winter Springs
1126 East State Road 434
Winter Springs, FL 32708
Attn: City Manager
TUSCA WILLA LIGHTING AND BEA UTIFICA TION DISTRICT
IMPROVEMENTS AND MAINTENANCE EASEMENT
THIS EASEMENT, made this day of , 2001 by
THE RESERVE AT TUSCA WILLA HOMEOWNERS ASSOCIATION, 1Ne., a Plorida
Not-for-Profit Corporation having a mailing address of 129 Cherry Creek Circle, Winter Springs,
PI 32707 (hereinafter called "Grantor") in favor of the CITY OF WINTER SPRINGS,
FLORIDA, a Plorida Municipal Corporation, having a mailing address of 1126 East State Road
434, Winter Springs, PI 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,
and its successors, and assigns, subject to any previous duly recorded easements or
grants of record, a TLBD improvements and maintenance easement over, under,
and across the two parcels of real property described and depicted on Exhibit "A",
Page I of (j
"
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, as more specifically described on Exhibit
"B", which is attached hereto and incorporated herein by this reference. 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 to 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 mgress 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
Page 2 of (j
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 prevailing party of said action shall be entitled to
reasonable 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 ~th 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.
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
Page 3 of 6
improvements are assessed taxes, 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.
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 Dutv of Noninterference. Grantor agrees not to interfere or allow
others to interfere with Grantee'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.
(7) 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
Page 4 of G
.'
lnJunes (including but not limited to death), or 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.
IN WITNESS WHEREOF. Grantor and Grantee set their respective hands on the day
and year above written.
Witnesses:
GRANTOR:
Print Name:
THE RESERVE AT TUSCA WILLA
HOMEOWNERS ASSOCIATION, me.,
Print Name:
By:
MARK QUEEN
Its President
Witnesses:
GRANTEE:
Print Name:
CITY OF WINTER SPRINGS, a Florida
municipal corporation,
Print Name:
By:
RONALD W. McLEMORE
Its City Manager
ST ATE OF FLORIDA
COUNTY OF SEMINOLE
The foregoing instrument was acknowledged and sworn to before me this day of
, 2001 by MARK QUEEN, President of The Reserve at Tuscawilla Homeowners
Association, Inc., 0 who is personally known to me, or 0 who has produced
as identification.
NOT AR Y PUBLIC
My Commission Expires:
Page 5 of ()
ST ATE 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
o who is personally known to me, or 0 who has produced as
identification.
NOT AR Y PUBLIC
My Commission Expires:
F:\DOCS\City of Winter Springs\Tuskawilla\Beautification-Easement, Reserve at Tuscawilla2.wpd
Page G of G
R~ce1.ved: 5/24/01 4:51PM;
-> BROWN,WARD.SALZMAN&WEISS.PA; Page 11
MAY-24-2001 16:53
P.ll
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.---
PA~~
Sheet 1 of2
See Sketch of Description
Included as Attachment "A"
PROPOSED WALL EASEMENT
DESCRIPTION
A portion of the existing platted Landscape, Wail and Signage Easement lying adjacent to Tracts
..A", "e" and "Ln, according to the PIal of The Reserve at Tuscawilla., Phase r, recorded in Plat Book
48, Pages 30 - 40, Public Records of Seminole County, Florida, being more particularly described
as follows:
Begin at the Southwest comer of said Tract "r.", thence run South 890 48' 53" East along the
Southerly right of way of State Road #434 as shown on the State of Florida Right of Way Plans,
Section 77070-2517, for a distance of 46.25 feet; thence departing said right of way, South 0001 l'
07" West, 10.00 feet; thence North 89048' 53" West, 22.12 feet; thence South 440 19' 44" West,
20.66 feet; thence South 010 31' 38" East. 21.59 feet; thence North 890 48' 53" West, 9.00 feet;
thence North 01 0 31' 38" West along the East right of way of Tuscora Drive for 46.42 feet lO the
POINT OF BEGINNING.
Prepared by:
This description and the accompanying sketch or
sk~lches has been prepared in accordance with the
Standards sel forth in Chapter 61 G 17,' 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, pIal or map is for informational p'Jrposes only
and is not valid.
~~~
ARTHUR W. TUCKER, P.S.M. #4381.
Dale: y.... /..2. -0 L
Tinklepaugh Surveying Services, Inc.
379 West Michigan Street
Suire 208
Orlando. Florida 32806
(407) 422-0957
TO I-AJ7-L
EXHIBIT
i "A 'I
.
1-
SKETCH OF .lJESCR/PF/OJV
EXHIBIT "A"
Sheet #4
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FLOR/.lJA STATE ROALJ #434
RIGHT OF WAY VARIES
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CB = CHORD
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N - TRACT "A"
I~ ~ RKTK./VT/O./V \
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I N 89-48'53" W \
I 9.00' \
I THE Rff'SERf/ff' AT Tl/SCAIr./LLA
I \ PHASE ./
I PLAT BOOK 4~ PACES 30-40
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PLA TTED LOT LINE
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POINT OF BEGINNING I
SW CORNER OF PLA TIED,
TRACT "L"
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.TRAC.T "c"
CO.IVSER VA .T/OJV
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Tinklepaugh ~
SURVEYING SERVICES, INC.
379 W. Michigan Street. Suite 208 D Onanda. Florida 32806
Telc. No. (407) 422-0957 fex No. (407) 422-0915
UCENSED BUSINESS No. 3770
NOTES:
1.) THIS IS NOT A BOUNDARY SURVEY.
2.) RIGHTS OF WAYS SHOWN BASED ON FLORIDA DEPARTMENT
RW PLANS. SECTION 77070-251 ~ AND THE RESERVE AT
TUSCAWILLA PLAT.
3.) BEARINGS BASED ON THE PLAT OF THE RESERVE AT TUSCAWlLLA.PH 1.
4.) THIS SURVEY PREPARED WITHOUT BENEFIT OF CURI~ENT
TITLE DATA.
Re.ceived: 5/24/01 4:51PM;
.> BROWN,WARD,SALZMAN&WEISS,PA; Page 13
MAY-24-2001 16:54
P.1J
" .
.../
p~~,- 2..
Sheet I of 2
See Sketch of Description
Included as Attachment "A"
PROPOSED WALL EASEMENT
DESCRIPTION
A portion of the existing platted Landscape, Wall and Signage Easement lying adjacent to Tracts "A
and uK", according to the Plat of The Reserve at Tuscawilla, Phase r, recorded in Plat Book 48,
Pages 30 - 40, Public Records of Seminole County, Florida, being more particularly described as
follows:
Begin at the Southeast comer of said Tract "K", thence run South 0 10 31' 38" East along the West
right of way ofTuscora Drive for a distance of 45_67 feet; thence departing said right of way, South
880 28' 22" West, 7.83 feet; thence North 01 0 31' 38" West, 22.67 feet; thence North 460 34' 39"
West, 19.45 feet to a point on a curve, concave Northerly, having a radius of 3008.40 fect and a
chord bearing of North 890 08' 19" West; thence Westerly along the arc of said curve through a
central angle of 000 25' 37" for a distance of22.42 feet; thence North 0 10 04' 29" East, 10.00 feet
to a point on the curve concave Northerly, having a radius of 2998.40 feet and a chord bearing of
South 890 20' 29" East; thence Easterly along the arc of said curve and the Southerly right of way
of said curve and the Southerly right of way of Stale Road #434 as shown On the State of Florida
Right of Way Plans, Section 77070-2517, for a distance of 43.57 feet to the POINT OF
BEGINNING.
Prepared by:
This description and lhe accompanying skclch or
sketches has been prepared in accordance with lhe
Standards SCI forth in Chapler 61 G 17, F.A.C.. pursuant
(0 Chapters 177 and 472, Florida Statutes. Unless il
bears (he signalure and the original raised seal of a
Florida licensed surveyor and mapper Ihis drawing,
skelch, pial or map is for infonnalional purposes only
and is nol valid.
Tinklepaugh Surveying Services, [nc_
319 West Michigan Street
Suite 208
Orlando, Florida 32806
(407) 422-0957
TOI-A37-K
~~~
ARTHUR w. TUCKER. PS.M. #4381
Dille: Y -/2 - 0 (
EXHIBIT
I If A II
R.eceived: 5/24/0' 4:52PM;
MAY-24-2001 16:54
-> BROWN,WARD.SALZMAN&WEISS.I~A; Page 14
P.14
"
S./lETCH" OF LJESCR/PF/O/V
SEE SHEET
2 OF 2
!~TlACHMENT "A"
<t
FLOR./LJA STAFE ROA.lJ #434
RIGHT OF WAY VARIES
-\---
PLA TTED LOT LINE
------
6. = 00.49'57"
R = 2998.40'
L = 43.57'
CB = S 89'20'29" E
CH = 43.57'
EXISTING
RIGHT OF WAY lINE_____
- --
- - - - - - - II-
POINT OF BEGINNING I 0
SE CORNER OF PLA TIED ...J
TRACT "K" I 8
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I EXISTING PLATTED LANDSCAPE,WAll.
. V ANO SlGNAG€ EASBAE:NT ~
-N ~1'04'29"-E~=-00'25'37j ~ ~~ ~
10.00' R = 3008.40' 7.,9 'SI':r, ~
L = 22.42' . 'SI'\S~ ;.9~ en
CB = N 89.08'19" W \ Jj, ~
CH = 22.42' Z
TRACT "A JJ
.nffTffHT/OiV
. PO/VLJ. ~I
rHE RES.eRf/E Ar rOSCAIY/LLA &1
PHASE / A/) Y--
PLAT LlOO.K 48, PACES .JO~~ I :
7.83 I I
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LEGEND
CB = CHORD
BEARING
CH = CHORD
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Tinklepau~1r1l I
SURVEYING SERVICES. INC.
J79 w. ulcn'9on St'&<II. Sv;l. 201l . Orl"ndO. "o,iao _.J2606
Tele. No. (~07) 4ZZ-0g57 fa. No. (407) 'i22 -139 15
TUSCAWllLA PLAT. UCr.NSED BUSltlt-;SS No. :1770
J.) BEARINGS BASED ON THE PLAT OF 1"Hf:: RESERVe AT TUSCA'tI1LLA.PH 1.
4.) THIS SURVEY PREPARED WlTHOUT 8(NEFH OF CURRENT
NOTES:
I.) THIS IS NOT A BOUNDARY SURvEy.
2.) RIGHTS OF" WAYS SHOWN BASED ON FLORIDA OErARTMENT
RW PLANS, SEcnON 77070-;1517 AND THE RESERVE AT
TOTAL P. t<1
EXHIBIT "B"
The Public Improvements to be constructed, operated, and maintained in
accordance with the Easement are described in the City of Winter Springs Project Manual
and drawings entitled Tuscawilla Lighting and Beautification District Entranceway
Enhancements sri document #98018 dated May II, 1999. The following dra'Yings
specifically related to the Tuscora Drive Entryway which have already been recorded in
the Seminole County Official Record Book are as follows:
1. Sheet G-l, ORB 4101, pages 167-A- 167-1.
2. Sheet AO-3, ORB 4101, pages I67-BB -167-JJ.
3. Sheet AO-5, ORB 4101, pages 167-TT - 167-BBB.
4. Sheet AO-6, ORB 4101, pages 167-CCC -167-KKK..
5. Sheet AO-7, ORB 4101, pages 167-LLL - 167-TTT.
6. Sheet A~8, ORB 4101, pages 167-UUU,,- !!,;.l Ci..:::'C-..
7. Sheet L-9, ORB 4101, pages 167-DDDD - 167-LLLL.
8. Sheet IR-12, ORB 4101, pages 167-EREEEE - 167-MMMMM.
9. Sheet EO-4, ORB 4101, pages 167-WWWWW.- 167-EEEEEE
In addition, the following drawings are also related to the Tuscora Drive Entryway
and have not been recorded, but are attached to this Exhibit "B" and incorporated herein
by this reference:
I. Sheet AO-2.
2. Sheet LO-6.
3. Sheet IR-ll.
4. Sheet EO-3.
It is understood that the foregoing list of drawings defines the scope and intent of
the Public Improvements to be constructed and maintained on the Property. During
construction of the improvements, minor modifications of the drawings are likely to occur.
Recordation of the foregoing drawings shall not prohibit modifications to the drawings
provided such modifications do not change the scope and intent of the Public
Improvements.
Following the complete construction of the Public Improvements, the City shall
cause an "As Built" engineer drawing of the Public Improvements to be recorded in the
public records of the Seminole County. Upon recordation, the "As Built" drawing shall be
mutually agreed upon by the Association and the City prior to recordation. The" As
Built" drawing shall fully replace this Exhibit "B".
<"
\
\
\'
MARYANNE MORSE, CLERK OF CIRCUIT COURT
SEMINOLE COUNTY ,
BK 04204 PG 1811
CLERK'S ~ 2001769201
RECORDED 10/25/2001 09153118 AM
DEED DOC TAX 0.70
RECORDING FEES 51.00
RECORDED BY M Nolden
Prepared by and return to;
City of Winter Springs'
1/26 East State Road 434
Wiriter Springs, FL 32708
Attn: City Manager
TUSCA WILLA LIGHTING AND BEAUTIFICATION DISTRICT
IMPROVEMENTS AND MAINTENANCE EASEMENT
THIS EASEMENT, made this Z~.s. day of eelO~ ,2001by
THE _RESERVE AT TUSCA WILLA HOMEOWNERS ASSOCIATION, INe., a Florida
Not-for-Profit Corporation having a mailing address of 129 Cherry Creek Circle, Winter Springs,
Fl 32707 (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 propertyJocated 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 <?f 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, inconsideration 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 thisreference.
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, a TLBD improvements and maintenance easement over, under,
and across the two parcels of real property described and depicted on Exhibit" A",
Page 1 of G
~JL~ NUM 2001769201
OR BOOK 04204 PAGE 1812
...~,~
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, as more specifically described on Exhibit
"B", which is attached hereto and incorporated herein by this reference. 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 to 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 mgress 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
Page 2 of 6
rlL~ NU~cVVlrb~cVl
OR BOOK 04204 PAGE 1813
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) Attorneyls Fees. In the event of any legal action arising under this Easement
between the parties, the prevailing party of said action shall be entitled to
reasonable 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, "ahd"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
Page 3 of 6
,. .&~a;.;. '~U'''J ~vv.& ,g=r~v.&
OR BOOK 04204 PAGE 1814
improvements are assessed taxes, 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.
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 Noninterference. Grantor agrees not to interfere or allow
others under Grantor's control to interfere with Grantee'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 by 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
Page 4 of6
OR BOOK 04204
PAGE 1815
InJunes (including but not limited to death), or 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.
IN WITNESS WHEREOF. Grantor and Grantee set their respective hands on the day
and year above written.
GRANTOR:
Print Name:
THE RESERVE A TTDSCA WILLA
HOMEOWNERS ASSOCIATION, INe.,
BY~
RK Q EEN
Its President
ame:~.e~ ':::. &u YJfZ/.J >
GRANTEE:
~
CITY OF WINTER SPRINGS, a fl?rida
municipal corporation,
By il~t). ~
RONALD W. McL&\10RE
. . .
Its City Manager . ., I
STATE OF FLORIDA
COUNTY OF SEMINOLE
A _ I I The foregoing instrument was acknowledged and sworn to before me this Ld.tay of
f1!:hlJ:J[t 2001 by MAIWQUEEN, President of The Reserve at TLiscawllla Homeowners
Association, nc., ~who is personally known to m, or 0 who has produced
as identification. &
.....--.-..~....................4
Page 5 of 6
"<~-';~"~;;;"" HOLLY PIERSTORFF
('~.' ~ (t-:~ ND1ary Public. - S~ate of FIOr:~:
~ 'W: My CommSlal Expi"es Jun 2€,l')J.
\::,~...-"".. Commission tI 000.37454
"f',"\"
.,.
, .& L..L.. ....'-',., K-VV'" r U JL;.V.&
OR BOOK 04204
PAGE 181€.
STATE OF FLORIDA
COUNTY OF SEMINOLE
O I I The foregoing instrument was acknowledged and sworn to before me this clH..~y of
t1Dt1C 2001 by RONALD W. McLEMORE, City Manager of the City 0 Winter Springs Florida
~o is personally known to me, or 0 who has produced l\J A as
identification.
NOT~~-tf6
My Commission Expires:
- - - - -
I ...~~~l~... HOll Y PIERSTORFF
I {~'''': Notary Pubilc - Slate of Florida
I ~'~ 'J My Comm6si:4'l Expres JtJl126, 2005
I ~~"'"~ Comrr.ission # 00037454 .
~"'~'
F:\DOCS\City of Winter Springs\Tuskawilla\Beautification-Easement, Reserve at Tuscawilla2.wpd
Page 6 of 6
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EXHIBIT "A"
Sheet #1
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Sheet 1 of 2
See Sketch of Description
Included as Attachment "A"
PROPOSED WALL EASEMENT
DESCRIPTION
A portion of the existing platted Landscape, Wall and Signage Easement lying adjacent to Tracts "A
and "K", according to the Plat of The Reserve at Tuscawilla, Phase I, recorded in Plat Book 48,
Pages 30 - 40, Public Records of Seminole County, Florida, being more particularly described as
follows:
Begin at the Southeast corner of said Tract "K", thence run South 0 1 0 31' 3 8" East along the West
right of way of Tuscora Drivefor a distance of 45.67 feet; thence departing said right of way, South
880 28' 22" West, 7.83 feet; thence North 010 31' 38" West, 22.67 feet; thence North 460 34' 39"
West, 19.45 feet to a point on a curve, concave Northerly, having a radius of 3008.40 feet and a
chord bearing of North 890 08' 19" West; thence Westerly along the arc of said curve through a
central angle of 000 25' 37" for a distance of 22.42 feet; thence North 01 004' 29" East, 10.00 feet
to a point on the curve concave Northerly, having a radius of 2998.40 feet and a chord bearing of
South 890 20' 29" East; thence Easterly along the arc of said curve and the Southerly right of way
of said curve and the Southerly right of way of State Road #434 as shown on the State of Florida
Right of Way Plans, Section 77070-2517, for a distance of 43.57 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 6 I G I 7, F.A.C., pursuant
to Chapters 177 and 472, Florida Statutes. llnless it
- bears the signature and the original ~51i~t4"s'elll}~.f a
Florida licensed surveyor and mapp~~:~fi~~,~[il\~m~,
sketch, plat or map is for informationii! AArpose;pryJ~~~.
andisnotv~ // ///~_ ~"'~,r' ~ :"~. :,., ~~~'
~L~,r' .i.?';';ji/;~"
. A'RTHUR W. TUCKER, P.;M. 438 I~ ,~';i>:~ ::: 4'
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Date' -/" - o' . I'. '~~!...~i :~'.,
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Tinklepaugh Surveying Services, Inc.
379 West Michigan Street
Suite 208
Orlando, Florida 32806
(407) 422-0957
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RIGHT OF WAY VARIES
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EXHIBIT "A"
Sheet #2
PLATTED LOT J-INE
- ~ - = 00.49'57"
R = 2998.40'
L = 43.57'
CB = S 89020'29" E
CH ~= 43.57'
EXISTING
RIGHT OF WA ~ L1NE_____
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I EXISTING PLA TIED LANDSCAPE. WALL,
V AND SIGNAGE EASEMENT ~
-N ~1.04'29"-E~=-00.2S'37j ~ ~~ ~
10.00' R = 3008.40' .1~ Jf;r, ~
L = 22.42' 'JfISI \9'lo ~
CB = N 89.08'19" W ~ ~ ITI
CH = 22.42' z
TRACT ''A''
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LEGEND
CB = CHORD
BEARING
CH = CHORD
Tlnklepaugh
SURVEYING SERVICES, INC.
379 W. Michigan Street. Suite 208 D Orlando. Florida
NOTES:
1.) THIS IS NOT A BOUNDARY SURVEY.
2.) RIGHTS OF WAYS SHOWN BASED ON FLORIDA DEPARTMENT
RW PLANS, SECTION 77070- 2517 AND THE RESERVE AT
TUSCA WILLA PLAT.
3.) BEARINGS BASED ON THE PLAT OF THE RESERVE AT TUSCAWlLLA,PH 1.
4.) THIS SURVEY PREPARED WITHOUT BENEFIT OF CURRENT
TITLE DATA,
Tele. No. (407) 422-0957 Fax No. (407) 422-6~15
UCENSED BUSINESS No. 3778
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See Sketch of Description
Included as Attachment "A"
PROPOSED WALL EASEMENT
DESCRIPTION
A portion of the existing platted Landscape, Wall and Signage Easement lying adjacent to Tracts
"A", "C" and "L", according to the Plat of The Reserve at Tuscawilla, Phase I, recorded in Plat Book
48, Pages 30 - 40, Public Records of Seminole County, Florida, being more particularly described
as follows:
Begin at the Southwest corner of said Tract "L", thence run South 890 48' 53" East along the
Southerly right of way of State Road #434 as shown on the State of Florida Right of Way Plans,
Section 77070-2517, for a distance of 46.25 feet; thence departing said right of way, South 00011'
07" West, 10.00 feet; thence North 89048' 53" West, 22.12 feet; thence South 440 19' 44" West,
20.66 feet; thence South 010 31' 38" East, 21.59 feet; thence North 890 48' 53" West, 9.00 feet;
thence North 010 31' 38" West along the East right of way of Tuscora Drive for 46.42 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 G 17, 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.
~/?:7~
ARTHUR W. TUCKER, P.S.M. #4381
Date: ~ -1,2, - (;) I .
Tinklepaugh Surveying Services, Inc.
379 West Michigan Street
Suite 208
Orlando, Florida 32806
(407) 422-0957
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EXHIBIT "A"
Sheet #4
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FhOH/.DA STATK BOA/} #434
RIGHT OF WAY VARIES
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CB = CHORD
BEARING
NOTES: CH = CHORD Tinklepaugh ~
1.) THIS IS NOT A BOUNDARY SURVEY. SURVEYING SERVICES, INC.
2.) RIGHTS OF WAYS SHOWN BASED ON FLORIDA DEPARTMENT 379 W. Michigan Street. Suite 208 D Orlando. Florida 32806
RW PLANS, SECTION 77070-2517 AND THE RESERVE AT Tele. No. (407) 422-0957 Fax No, (407) 422-6915
TUSCA WILLA PLAT. . LICENSED BUSINESS No. 3776
3.) BEARINGS BASED ON THE PLAT OF THE RESERVE AT TUSCAWlLLA.PH 1.
4.) THIS SURVEY PREPARED WITHOUT BENEFIT OF CURRENT
TITLE DATA.
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PLAT BOOK 48, PACffS 30-40
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EXHmIT "B"
The Public Improvements to be constructed, operated, and maintained in
accordance with the Easement are described in the City of Winter Springs Project Manual
and drawings entitled Tuscawilla Lighting and Beautification District Entranceway
Enhancements sri document #98018 dated May 11, 1999. The following drawings
specifically related to the Tuscora Drive Entryway which have already been recorded in
the Seminole County Official Record Book are as follows:
1. Sheet G-l, ORB 4101, pages 167-A - 167-1.
2. Sheet AO-3, ORB 4101, pages 167-BB - 167-J1.
3. Sheet AO-5, ORB 4101, pages 167-TT - 167-BBB.
. 4. Sheet AO-6, ORB 4101, pages 167-CCC -167-KKK.
5. Sheet AO-7, ORB 4101, pages 167-LLL-167-TTT.
6. Sheet A-08, ORB 4101, pages 167-UUU - 167 CCCC.
7. Sheet L-9,ORB 4101, pages 167-DDDD - 167-LLLL.
8. Sheet IR-12, ORB 4101, pages 167-EREEEE - 167-MMMMM.
9. Sheet EO-4, ORB 4101, pages 167-WWWWW.- 167-EEEEEE.
In addition, the following drawings are also related to the Tuscora Drive Entryway
and have not been recorded, but are attached to this Exhibit "B" and incorporated herein
by this reference:
1. Sheet AO-2.
2. Sheet LO-6.
3. Sheet lR-l I.
4. Sheet EO-3.
It is understood that the foregoing list of drawings defines the scope and intent of
the Public Improvements to be constructed and maintained on the Property. During
construction of the improvements, minor modifications of the drawings are likely to occur.
Recordation of the foregoing drawings shall not prohibit modifications to the drawings .
provided such modifications do not change the scope and intent of the Public
Improvements.
Following the complete construction of the Public Improvements, the City shall
cause an "As Built" engineer drawing of the Public Improvements to be recorded in the
public records of the Seminole County. Upon recordation, the "As Built" drawing shall be
mutually agreed upon by the Association and the City prior to recordation. The" As
Built" drawing shall fully replace this Exhibit "B II.