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HomeMy WebLinkAbout2001 12 10 Consent D Public Improvements and Maintenance Easement and Agreement \ COMMISSION' AGENDA . ITEM D CONSENT X INFORMATIONAL PUBLIC HEARING REGULAR December 10,2001 Meeting MGR l'----16{PT jlY' Authorization . REQUEST: Public Works Department Requesting Approval of the Public Improvements and Maintenance Easement and Agreement from the Chestnut Estates Homeowners Association. PURPOSE: The purpose of this Board item is to request Approval of the Public Improvements and Maintenance Easement and Agreement from the Chestnut Estates Homeowners Association, 102 Black Cherry Court, Winter Springs, FL. for the construction and maintenance ofTuscawilla Lighting and Beautification District improvements at the Northwest corner of the Seneca Blvd./Winter Springs Blvd. intersection. CONSIDERA TIONS: The Tuscawilla Lighting and Beautification District need this public improvements and maintenance easement and agreement for the construction and maintenance of the entranceway improvements on the Association's property. The property is located on the Northwest corner of the Seneca Blvd./Winter Springs Blvd. intersection. The agreement provides for the construction and maintenance of the proposed entranceway improvements including walls, signage, landscaping, brick pavers and irrigation. 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 $50for recordation and $2,100 for survey and legal description. 12100 I Consent D - TLBD Easement Chestnut Estates December 10, 2001 Consent Agenda Item D Page 2 RECOMMENDATION: It is recommended that approval of the Public Improvements and Maintenance Easement and Agreement be granted from the Chestnut Estates Homeowners Association for the construction and maintenance of Tuscawilla Lighting and Beautification District improvements at the Northwest comer of the Seneca Blvd./Winter Springs Blvd. intersection IMPLEMENTATION SCHEDULE: If approved, the easement will be executed and recorded. This is the last remaining easement to be procured for TLBD construction. ATTACHMENTS: 1. Public Improvements and Maintenance Easement and Agreement COMMISSION [2 [00 [ Conscnt D - TLBD Eascmcnt Chcstnut Estatcs A TT ACHMENT NO. 1 Prepared by and return to: City of Winter Springs 1126 East State Road 434 Winter Springs, FL 32708 Ann: City Manager TUSCA WILLA LIGHTING AND BEAUTIFICATION DISTRICT IMPROVEMENTS AND MAINTENANCE EASEMENT THIS EASEMENT, made this day of ,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, FI 32708 (hereinafter called "Grantor") in favor of the CITY OF WINTER SPRINGS, FLORIDA, a Florida Municipal Corporation, having a mailing address of 1126 East State Road 434, Winter Springs, FI 32708 (hereinafter called "Grantee"). WITNESSETH WHEREAS, Grantor is the sole owner of certain real property located within the defined area of the Tuscawilla Lighting and Beautification District: and WHEREAS, Grantor desires to convey a perpetual easement over, under, and across a portion of its real property, as legally described herein, for purposes of allowing Grantee to construct, operate and maintain signage, 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", ClFE- Wor(] -lleautilie:llion Chestnul ESI:lles Easelllenl-IIII2IO I 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; c. 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 pennits 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 pennits and also agrees to join in any said pennit (as signatory or otherwise) when required by any pennitting agency for issuance of the pennit. Notwithstanding, Grantee shall be solely responsible and liable for complying with any local, state, or federal pennit requirements, obligations, and duties (if any) related lo the construction, operation, and mainlenance of the TLBD i mprovemenls and other incidental appurtenances and accessory slruclures. (I FE. Word-lk"ulili(;llioll E"S"l'''"l, 4/17/0 I 2 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) Attornev's Fees. In the event of any legal action arising under this Easement between the parties, the parties agree to incur their own attorney's fees, court costs, and expenses, through all appellate proceedings. 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 representati ves, 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. 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.Wor(/.lkaUlilicalion Ease"'ent. 4117/01 1 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 Immunitv. Nothing contained in this Easement shall be construed as a waiver of the Grantee's right to sovereign immunity under Section 768.28, FLorida Statutes, or other limitations imposed on the Grantee's potential liability under state or federal law. 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 Dutv of Noninteference. Grantor agrees not to interfere or allow others to interrere 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. (iFE. Word.IlC:luliticatioll E:ISCIIICllt. 4/1 7/() I 4 IN WITNESS WHEREOF, Grantor and Grantee set their respective hands on the day and year above written. GRANTOR THE CHESTNUT EST A TES HOMEOWNERS ASSOCIATION, Inc. By WITNESSES: Robert Olson, President Print Name by Print Name STATE OF FLORIDA COUNTY OF SEMINOLE The foregoing instrument was acknowledged and sworn to before me this Day of ,2001 by who is/is not personally known to me, or has produced as identification. NOTARY PUBLIC GRANTEE CITY OF WINTER SPRINGS WITNESSES: By: Ronald W. McLemore Ci ty 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 (,I'E,WlIf(j.lkaUliliclIiUlI EaSCll1Cnl. 4117/01 5 EXHIBIT "A" SHEET 1 OF 2 DESCRIPTION: A portion oflot 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 comer of said Lot 32, said comer being on the North Right of Way line of Winter Springs Boulevard; thence run North 890 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 00004' 00" East for a distance of7.75 feet; thence South 890 56' 00" East for a distance of77.50 feet; thence North 450 04' 00" East for a distance of34.15 feet; thence North 000 04' 00" East for a distance of6.35 feet; thence South 890 56' 00" East for a distance of7.75 feet to the East line of said Lot 32 and West Right of Way line of Seneca Boulevard; thence South 000 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 of25.00 feet; thence run Southwesterly along the arc of said curve through a central angle of900 00' 00" for a distance of 39.27 feet to the POINT OF BEGINNlNG. TOI-E45 S/i'"E'FCH OF LJE'SCR/PF/O.IV 'ATTACHIJ(NT -A- NOT A SURVEY I ':I 1<( I~ 1>- 10:: 16 l~ 1::Ii I~ "- IZ 0 W t~ I- I Ix 19 t: o :w ~ ~i;) f-...1 ~ 2;r: ~ I~ oeD o. ~ w LOT 32 0 I~ ~ ~ " z 1m,", ~ o PLA TTED tX) I ~ ~ in LANDSCAPE, WALL (f) 3: ~ 10' PL^m:O 0t "': AND SIGNAGE :':::. OR~NAG< EASE"ru, ll-''' EASEMENT : ') _ b ~ LOT 3 J' 8. (SHADED AREA)", v.':: ':;;' ~ ~ I ~ z \ S 89056'00" E n..~ ,~, ':: n s:> b~ PLANllNG ~o SCREENING tj . f).'V ,,~" ,:':::::' .- 0 l'~ EASEMENT -----t-- -- -\------;y----~... @",::,::::~:::,: c 0 -J 77.50 ~ .1.:, ,::.:,,::., RIGHT OF-WAy(jNE~-rt----- - :::::'~':::::::':'::::/:::::Y::::0" (f) 1 84.40' PT I N 89056'00" W POINT OF BEGINNING SE CORNER Of' LOT I 32. CHESTNUT ESTATES -L PHASE TWO - - - - <t- lr/HrER SPR/HCS BOl/.zEf/AH.D 120' RIGHT OF WAY Lor 33 CH.eST/VOT .eSTA TE.s; PHASE T/YO PoD. 4/1, PACE 92 <> <0 L_ L R 6- PC PT P.B, PG. LEGEND ARC LENGTH RADIUS DEL T A POINT OF CURVATURE POIN T OF TANGENCY PLA T BOOK PAGE SURVEYOR'S NOTES: 1.) THIS IS NOT A BOUNDARY SURVEY. 2.) BEARINGS 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 BENE~T OF CURRENT TITLE DATA AND IS SUBJEC T TO EASEMEN TS AND MA HERS OF f~Ecorw, 4,) R/W LINES BASED ON r<EcovU~ED cor~N[f~S EXHIBIT "A" Lor 32 -,.-\-,.~ \ \ \ I I I - 30' - ~ w 1-30' IZ I:J >- I ~ I SHEET 2 OF 2 ~ . .. a -~- I ....... PARceL .2 seNeCA BK/VD PoD. 50, pc. J' I I L__ --,--- <> <0 J 6. - 90'00'00. CURVE C1 = R - 25.00' L - 39.2r Tinklepaugh SURVEYING SERVICES. INC. J 79 W, Michigan Street. Suite 208. Orlando, Florida J 2806 Telc, No, (407) 422-0057 Fox No, (407) 422-6015 LICENSED [JUSIN8SS No, 3770 orWEll NO,rOI[:<15 FilE Ox 716<1 111111111111111 II 1111111111111111111111111111111111111111111 " MARYANNE MORSE, CLERK OF CIRCUIT COURT SEMINOLE COUNTY BK 04241 PG 0332 CLERK'S # 2001790412 RECORDED 12/18/2001 08.55.1+3 AM DEED DOC TAX 0.10 RECORDING FEES 33.00 RECORDED BY L McKinley Prepared by and relum to: QjCity of Winter Springs r. I 126 East State Road 434 ~ Winter Springs. FL 32708 Alln; City Manager TUSCA WILLA LIGHTING AND BEAUTIFICATION DISTRICT IMPROVEMENTS AND MAINTENANCE EASEMENT THIS EASEMENT, made this ( (1:!1- day of ~C'A8...q~~ ,2001 by THE CHESTNUT EST A TES HOMEOWNERS ASSOCIATION, INC., a Florida Not-for-Profit Corporation having a mailing address of 102 Black Cherry Court, Winter Springs, FI 32708 (hereinafter called "Grantor") in favor of the CITY OF WINTER SPRINGS, FLORIDA, a Florida Municipal Corporation, having a mailing address of 1126 East State Road 434, Winter Springs, FI 32708 (hereinafter called "Grantee"). WITNESSETH WHEREAS, Grantor is the sole owner of certain real property located within the defined area of the Tuscawilla Lighting and Beautification District: and WHEREAS, Grantor desires to convey a perpetual easement over, under, and across a portion of its real property, as legally described herein, for purposes of allowing Grantee to construct, operate and maintain signage, 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", Gf'E- Word-Ileautilication Chestnut Estates Easement-I 1112/01 , . " 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; c. 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 l,iable 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 appUl1enances and accessory structures, GFE.Word-llcaulitication Eascmcnt, 4/17/01 2 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: 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 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-Ileauliliealioll Easement. 4117/01 3 FILE NUM 2001790412 OR BOOK 04241 PAGE 0335 11) Grantee's Rieht to Seek Equitable Relief. Grantor agrees, acknowledges and recognizes that any breach of this easement by Grantor would result in irreparable harm to Grantee and the TLBD, and accordingly, Grantor agrees that in addition to and not in lieu of all legal and equitable remedies available to Grantee by reason of such breach, Grantee shall be entitled to equitable relief (including, without limitation, specific performance and injunctive relief) to enjoin the occurrence and continuation of the breach. 12) Entire Aereement. 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) Sovereien Immunitv. Nothing contained in this Easement shall be construed as a waiver of the Grantee's right to sovereign immunity under Section 768.28, Florida Statutes, or other limitations imposed on the Grantee's potential liability under state or federal law. 14) Modifications. This Easement shall only be modified by a written instrument executed by the parties hereto or any successor, assigns heirs, or represen tati ves thereto; 15) Grantors Dutv 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, elTors, or omissions, intentional or otherwise, resulting from this Easement and Agreement. GFE. Word-lkaUlilicalioll Eascmcnt. 4/17/0 r 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 wlitten. GRANTOR THE CHESTNUT EST A TES HO ~ OWNERS ASSOCIATION, Inc. 4: Robert Olson, President {2tL0 / STATE OF FLORIDA fJ/li w:.ii.\ COUNTY OF SEMINOLE r11 (, (: ,-,' PtL by Print Name 12 e c., Tg~.foregoing instrument was acknowledged ~nd s~orn to before me this 9/-/, Day of L/ r_" , 2001 by /1/ Ur"Ic.'1' rftl c..,l~.,-1 ~ho ishs not personally known to me, or has produced j= I eJr; c/ c.. "IJ,,-I v{,-.!' C <''<tS ~dentification. ':>.!I~d~,,~~~#~...~ ~CW.t~ ' N~ary Pul:tllc - ArIzom Maricopa County My CommIssIon ExpIres 8,2005 75qn~~tp- vb- NOTARY P C GRANTEE CITY OF WINTER SPRINGS /d11./Ai 4/ '.~/:,v~ ..-:' I By: Ronald W. McLemore City Manager STATE OF FLORIDA COUNTY OF SEMfNOLE ' tJ ~e./oregOing instrument was acknowledged and sworn to before me this LL day of , 2001).{' Ronald W. McLemore, City Manager of the City of Winter Springs Florida wh~is not personally known to me, or has produced as identification. ~~~~ NOTARY PUBUC GFE.Word-llcaulificalion Eascmcnt, 4117/0 I :) .'e) Mary Anne Willett *.*Mv Commission CC8935W \;""~ ExpIres January 14, 2004 FILE NUM 2001790412 OR BOOK 04241 PAGE 0337 Sheet] EXHIBIT "A" DESCRIPTION: A portion oflot 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 890 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 00004' 00" East for a distance of7.75 feet; thence South 890 56' 00" East for a distance of 77.50 feet; thence North 450 04' 00" East for a distance of 34.] 5 feet; thence North 000 04' 00" East for a distance of6.35 feet; thence South 890 56' 00" East for a distance of7.75 feet to the East line of said Lot 32 and West Right of Way line of Seneca Boulevard; thence South 000 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 of25.00 feet; thence run Southwesterly along the arc of said curve through a central angle of 90 0 00' 00" for a distance of 39.27 feet to the POINT OF BEGINNING. Prepared by: Tinklepaugh Sw-veying Services, Inc. 379 West Michigan Street Suite 208 Orlando, Florida 32806 (407) 422-0957 This description and the accompanying sketch or sketches has been prepared in accordance with the Standards set forth in Chapter 61 G 17, FAC., pursuant 10 Chapters 177 and 472, Florida Statutes. Unless it bears the signature and the original raised seal of a Florida licensed sw-veyor and mapper this drawing, sketch, plat or map is for informational purposes only and is not valid. ~? ~/ /~____ ./ ?-cu:'~ A,/, ~/'---- ARTHUR W, TUCKER P.LS # 4381 Date: /.2 -.( - tJ I TOI-E45 SKETCH OF jJESC./?/PF/O.IV ATTACHMENT "A" NOT A SURVEY Lor 32 - ,,' -\- " ~ : \ \ , I I - 30' - ~ w 1- 30' IZ 1::1 >- I ~ 1 -~- I il ~ I 1-' l;i I~ Ir Ill:: 15 I~ l::i I", l:> IZ t- 1 W I~ J -... '1, :8:~ I: ~~ ~ ,L~ I ~ beD lb. ~ W ~or .12 0 ,eD Lt) ~ I~ ": ~ : Z <>>" "...) o PLA TTED lX) I \::) Pin LANDSCAPE, WALL , en == ~ 10' PLAffiO ~ ": AND SIGNAGE '.::' DR"NAGE EASE"EN' 1 b" EASEMENT 1<, - b ~ Lor /I f ~ (SHADED AREA)". 'Y" ~ ~ I ~ PLANTING AND SCREENING Z \ S 89"56'00" E .~ N~ ~ g ~ EASEIAENT __~====t==_==tj--77.-5(Y--_-~/~~ C ~ t'3 RIGHT OF WAY UNE ,,---t- ---1- I I N ~OT .1.1 CHESTlVl/r ESTATES; PHASE T/rO PoD. -III. PACE 92 PAHCE~ 2 SElVECA BElVLJ PoD. 50, Pc. f I 1 L__ b co J --1--- POINT OF BEGINNING SE CORNER OF LOT 32. CHESTNUT ESTA TES PHASE TWO b to I _--L_ L_ <i - ff/JVrER SFR/JVCS DO l/ Lf f/AR./J 120' RIGHT OF WAY L R 6- PC PT P.B, PG. LEGEND ARC LENGTH RADIUS DELTA POINT OF CURVATURE POINT OF TANGENCY PLA T BOOK PAGE 6. - 90"00'00. CURVE C1 = R - 25.00' L - 39.27' ~:;~vE.YOR'S NOTES: ) THIS IS NOT A BOUNDARY SURVEY. J) BEARfNGS BASED ON THE PLAT OF ,~NECA BEND, THE EASTERLY RIGHT OF WAY = OF SENECA BLVD. BEING N 00' 04' 00" E, 7,) THIS SURVEY PREPARED WITHOUT Nun OF CURRENT TITLE DATA AND ~ SUBJECT TO EASEMENTS AND MATTERS :- RECORD. ~.) R/W LINES BASED ON RECOVERED CORNERS Tinklepaugh SURVEYING SERVICES, INC, 379 W, Michigan Street. Suite 208 a Orlando, Florida Tele. No, (407) 422-0957 Fax No, (407) 422-6915 LICENSED BUSINESS No. 3778 ORDER NO. T01 E45 FILE BX 7164 o ::0 CD o o ^ o ~ /'\) ~ .- -v D Ij) 32806 i '":.- , .' ., ......,.,.,.::,:...;:,""~'::,.:. MARYANNE MORSE CLERK Or COUR1, SEMINOLE COUN1Y 301 NURiH PA~K AVE SANrORD, FL 32771 407-66S-4411 DATE: 12/18/2001 TIMf:08:SS:39 AM RECEIPT:3i20b WINrfR SPRINGS, Clrv OF CODE: - 112 ITEM -01 E 08:5S:43 AM FIlE:2001790412 BK/PG:4241/0332 RECORDING FEE 33.00 DEED DOC TAX 0.70 cop ItS 7.00 CERTIFICATION 1.00 Sub. Total 41.70 ------------------------ .:;' .:.... Ai~OUNT DUE: PAID CASH: CHARGE AMOUNT: CASH RE TURNED: TOTAL PAID: $41.70 $1.00 $41. 00 $.30 $41. 70 REF n: WINTER SPRINGS EASEN I Ag.ree To PaYdfhe' Chat.g-e' Aoove' Signatlrre RfC BY:LMCKINLfY DEPUTY CLERK Have a Nice Day