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HomeMy WebLinkAboutDoss, Thomas E. III and Doss, Janice M.-TLBD Easement Maintenance 2001 06 01 Prepared by and return to: City of Winter Springs 1126 East State Road 434 Winter Springs. FL 32708 Alln: City Manager TUSCA WILLA LIGHTING AND BEAUTIFICATION DISTRICT IMPROVEMENTS AND MAINTENANCE EASEMENT THIS EASEMENT,niade this \ "$t day of.Ju.ue. ,2001 by Thomas E. Doss III and .Janice M. Doss, husband and WI e, having a mailIng address of 701 Svbilwood Circle Winter SpriOi~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, 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 qther incidental appurtenances ~nd accessori~s 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 anyfocal;.state; orfederal.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. or 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: A portion of Lot 34, Tuscawilla Unit 8, as recorded in Plat Book 23, Page 25, Public Records of Seminole County, Florida, being more particularly described as follows: Oocu-'"'Y Tv Pd ,~~- GFE- Word-Beautification Easernent-Trotwood #2-412101 ~ I nIl nRi.'Jlc Tax Pd LW>rvonrv. Morl;Cf'. CI."k Seminole .~ ':D (f) OC ,.., => C)"T -.. :;.z;"T r. ~ ';.. C' r- ' - fT1 CI ,'r C> c:::> -- TJ'::::: ..., ~r> ::::: r- U1 :;; Vi c:::> ;."--j --i r' nl.._ ::::0 -'- :;::;~ 0:::0 ..,,~ .-::: ~~: ^'~ r.. c.:: =i~ ("') ....... oy,: c <::) --.J 0"' o -I 0 ::::0:"'. rr\r' CJ: L- 0= c= ;:V" - 0;: rri:.- O' N RoC c -0 <~ :x m- N ::x;- .." . 0 rr. . N C' Begin at the Southwest corner of Lot 34, according to the Plat of Tuscawilla Unit 6, Plat Book 23, Page 25: thence N 23 degrees, 14 minutes, 59 seconds E along the Easterly Right of Way line of Tuscawilla Road for a distance of 130.00 feet to the point of curvature of a curve concave southeasterly, having a radius of 25.00 feet; thence along the arc of said curve through a central angle of 85 degrees, 44 minutes, 31 seconds for a distance of 37.41 feet to the poi nt of tangency, said point being on the southerly right of way of Trotwood Boulevard; thence S 71 degrees, 00 minutes, 30 seconds E along said southerly right of way for a distance of 16.68 feet; thence departing said southerly right of way S 18 degrees, 59 minutes, 30 seconds W for a distance of 15.25 feet; thence N 71 degrees, 00 minutes, 30 seconds W for a distance of 21.25 feet; thence S 85 degrees, 32 minutes, 24 seconds W for a distance of 6.91 feet; thence N 71 degrees, 00 minutes, 30 seconds W for a distance of 2.36 feet to a point on a curve concave southeasterly having a radius of 15.00 feet; thence from a tangent bearing of S 46 degrees,49 minutes, 48 seconds W along the arc of said curve through a central angle of 23 degrees, 34 minutes, 49 seconds for a distance of 6.17 feet; thence S 23 degrees, 14 minutes, 59 seconds W for a distance of 130 feet to the southerly line of said Lot 34; thence N 66 degrees,45 minutes, 01 second W along the southerly line of said lot 34 for a distance of 10.00 feet the POINT OF BEGINNING. (Hereinafter the "Property") of the nature and character and to the extent hereinafter set forth ("Easement"). 3) Purpose of Easement. This Easemenris 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. expresspurposeof tl1is _ _ _ _ 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; GFE-Word-Ilcautification Easement. 3/30101 2 ~-:- CD 00 (/) C:) 0"" rn .x~ :J: ~ z '> C> .- r m :r n C) - 0 .0= ~ p;::: r Ul ~~;; 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. 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 at the Grantee's sole expense. 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, heir~, 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: GFE-Word-Ucautification Easement. 3130101 3 .;:- CD (..'l 00 :..::) 0-" (Tl x-., ::r :-) :r: > 0 r- rT1 -ry C1 .'1 Cl C> n .o=> ~ :>;:;;J r Ul ::-:>~ P"l f'-.J 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 fOl1h 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. 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) Right to Seek Equitable Relief. Each party agrees, acknowledges and recognizes that any breach of this easement by the other would result in irreparable harm to the aggrieved party and accordingly, the parties agree that in addition to and not in lieu of all legal and equitable remedies available by reason of such breach, each party shall be entitled to equitable relief (including, without limitation, specific performance andiiijtinttiverelief)"toenj6in theuoccurreilce. .... and continuation of the breach. 12) Entire Agreement. This Easement constitutes the full and entire agreement between the parties hereto and supercedes any oraLor written prior .... '_n 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 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. GFE-Word-Ocaulifiealion Easemenl. 3/30/01 4 .+::- Ul <..., ,:::) 00 ,.., ~~ ::r .~~ ~ () 0 j.- r- ,- fT1 <J :::u r" ~ C) n ..., :U~ ,..... .1>0 Ul ::"lrJ) ~, W 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) Brick Masonrv Wall. The parties agree that the Grantee shall provide a six-foot high brick masonry wall from Trotwood Blvd. Entrance Enhancement to the southerly property line of Lot 34, Tuskawilla Unit 8, within the easement described herein which borders the easterly right of way of Tuskawilla Road. 18) Existinl?: Property Fence. The parties agree that the Grantee shall cause the removal of the existing wood on wood fence and supporting brick masonry pilasters at Trotwood Blvd. to the southerly line of Lot 34 Tuskawilla Unit 8, leaving the southernmost brick pilaster in place. 19) Connectinl?: Fence. The parties agree that the Grantee shall cause the "construction of a wood on wood fence connecting the existing and new pilasters at the southerly line of Lot 34, Trotwood Unit 8. 20) Arbor Permits. The parties agree that the Grantee shall be responsible for any arbor permits required for tree removal as a consequence of construction of the facilities anticipated under this grant of easement as well as the cost of obtaining said permits and replacing any trees as required by any permits. Further, any trees and or bushes which can be relocated shall be relocated at-the Grantee's expense to a place, on Lot 34, Trotwood Unit 8, designated by Grantor 21) Grantee's Responsibilities. Once construction begins on the TLBD improvements c.ontemplated.by_ this Easement, Grantee "shaILbe-solely.-r.esponsiQI~_ _~__ for the maintenance," upkeep, repairs and expenses of "all" signage~ -walls, water features, landscaping and utility improvements and other incidental appurtenances and accessories located on the Property. Further, to the extent permitted by law, Grantee shall indemnify and hold Grantorhannless from any and all liability arising out of or related to the construction, operation, and/or maintenance of any or all of the improvements contemplated by this Easement. Said indemnificatjon shall include attorney's fees and costs incurred by Grantor in defending any action. IN WITNESS WHEREOF, Grantor and Grantee set their respective hands on the day and year above written. GFE-Word-Beautification Easement. 412101 5 ~ Ul (/) 0 00 ", 0-" ~ ~-" z n 0 :r.- r- . ", n :u ''1 ~ a (') -" -00 .>;:;) r- C">5: (fJ ~ ..c- ,/' (GRANTOR) " WITMisSES',/~"" . '1 9 )' -- /,1 . V by (;:r:;;(c7<-/~'(, It)/t.%. / ;> .'..- I" .01 /', - [' / /- Print Name~n/"'.c /. :..-~C{U)/.Pl;'" ,t; .c:- Print Name ::2YNKA- P. p~?.. Q UJ 00 O""'l ;:., .." <J :;: - STATE OF FLORIDA COUNTY OF SEMINOLE ~--}The f9regoing i~s ay #r~, 2001 b , o~as produce~ ,. d.-JZ j) (;) DD Od- 5' 5130 S-- <,JJ'~7) ;)00' 43 .:1'{;' 9t/1J~ a ::u r'l " ~~ C">8? ~ CJ1 c..n " , /(. ..<'" "" Sylvia P Denwn :<~:$,' . *~";*My Commission CC870~9~", .r-":: -- .... "'\ _ \" l\'~' Expires NOV~be(;. 2003 P" {J /' ~ 'Ill, ;' . " i.:... CITY OF WINTER SPR'~~~S {G"RANTt.EJ'~"', '~:~~.' ". .~% ,.. ,ED '7',~tf ;; ".: :;; ~~ c;() '-:"~ ~ .';:" j"~ Jr?'~ tv! /';7I.ff'; ~ 0> . 0 ~ """'''' ""i!; -~ . . /. "r=-:-~ ~. ~'j -: . .4'fZ. By: Ronald W. Mc-~mo~,. .: l.q: .....;. '.' . City Manager ". :Y......... JllJ\ .... ~.: ~~. '. 0 ". . . .' ~.- . . .(. - . . . .' ~ \): . . . ". <I;) .. ~ .,' . " ..... '. .\,\\",..,...... -j . STATE OF FLORIDA COUNTY OF SEMINOLE ,:~,. "f' -.!be foregoing instrument was acknowledged and sworn to before me this ls-L day of )'L'-<--, 2001 by Ronald w.., MCbem0reJ2ity Manager of the City of Winter Springs Florida who is/is not ~onally k~me, or has produced '. as identification. ~ 0~. L ._~ , ~Y'PUBLIC . ;~~.~~~; "(D" . J\NDR~ LORENZO-LUACES l' '. .. MY l;:pMMlsstON II CC 631931 tXPH~ES: May 9. 2003 . HlOO-3-N01'ARY Flu.,..o.,csy SO<Vioo & Bonding Co. GFE- Word-l3cautification Easement. 3/30101 6 Sheet 1 See Sketch of Description Included as Attachment" A" PROPOSED WALL EASEMENT DESCRIPTION ..;:- (I) fT1 ~ :c A portion of Lot 34, Tuscawilla Unit 8, as recorded in Plat Book 23, Page 25, Public Records of ~ Seminole County, Florida, being more particularly described as follows: ;:: ~ a .::J .::::> 5 s :.;-, , ~ "'"l Begin at the Southwest comer of Lot 34, according to the Plat of Tuscawilla Unit 6, Plat Book 23, r- Page 25; thence N 23014'59" E along the Easterly Right of Way line of Tuscawilla Road for a distance of 130.00 feet to the point of curvature of a curve concave southeasterly, having a radius of25.00 feet; thence along the arc of said curve through a central angle of85044'31" for a distance of 37.41 feet to the point of tangency, said point being on the southerly right of way ofTrotwood Boulevard; thence S 71000'30" E along said southerly right of way for a distance of 16.68 feet; thence departing said southerly right of way S 18059'30" W for a distance of 15.25 feet; thence N 71000'30" W for a distance of21.25 feet; thence S 85032'24" W for a distance of6.91 feet; thence N 71000'30" W for a distance of2.36 feet to a point on a curve concave southeasterly having a radius of 15.00 feet; thence from a tangent bearing ofS 46049'48" W along the arc of said curve through a central angle of 23 034'49" for a distance of 6.17 feet; thence S 23014'59" W for a distance of 130.00 feet to the southerly line of said Lot 34; thence N 66045'01" W along the southerly line of said Lot 34 for a distance of 10.00 feet to the POINT OF BEGINNING. ~ ,. '1 .J _.::l ~5 ~'J) CJ1 Q') Prepared by: This description and the accompanying sketch or sketches has been prepared in accordance with the Standards set forth in Chapter 6lG 17, FAC., pursuant to Chapters 177 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 informational plU'pOSCS only and is not valid ~~. ARTHUR W. TUCKER P.L.S. # 4381 Date: 2...2-f?, 0 I Tinklepaugh Surveying Services, Inc. 379 West Michigan Street Suite 208 Orlando, Florida 32806 (407) 422-0957 TOI-A37.34 SKETCH OF ./JESC/?/PT/OH / / NOT A SURVEY PROPOSED WALL EASEMENT ~ / ~ ~o;-~ --- ~ / ~O.b .bo~ ~ ~~~ / tJ-2J"34' 49" R-1 a.oo' L-e.17' 1B-S46.~' 48"W ~ 8 o' "'I- SOUn UNE HCf?l.. y Of:" Tl:? f?/Glir o7}yooD Of:" W-'l y Bou l.!'V-'lf?D BEARINGS BASED ON RIGHT OF WAY PLANS FOR TUSCA WILLA .- THE NORlHEASTERLY RIGHT OF WAY OF TROTWOOD BOULEVARD . '.--' SOUlH 71'00'30" EAST. THIS IS NOf A BOUNDARY SURVEY. THIS SKETCH PREPARED WITHOUT BENEFIT OF CURRENT _= DATA AND IS SUBJECT TO EASEMENTS AND MAnERS RECORD. Tinklepaugh SURVEYING SERVICES, ING. 379 W. Michigan Street. Suite 208 a Orlando. Florida ; 1/ ~~ A $ /s~ "CP ct'{" ~;::j A~ ~CJ ~$ ~!<.. o / ~ ,,'tJ ~!<..,.... ~o~ {j ~.'f /Ujj1 k QJ 0- "-$ "p €~~. n &" "00 " LOT 34 /' Sou ....t.. Of:" { 'lltc/?{ '~t Tele. No. (407) 422-0957 Fax No. (407) 422-6915 LICENSED BUSINESS No. 3778 ATTACHIJENT 'A" SHEET 2 OF 2 (f) rn 3: z c r rrl (J o ...., r ~ OJ 00 ,::::) 0...., ;::s;:...., (") po ::0 r'1 C) (J '00 ;>:::0 0., =>~ !Tl -.J o ., I \.. 32806 MEMORANDUM TO: Andrea Lorenzo - Luaces~~ity Clerk FROM: George F. Edwanis, P RE: Transmittal of Recorded TL80 and Doss Easements DATE: June 21, 2001 Attached please find the recorded Tuscawi//a! Lighting and Beautl ffication District improvements and Malntenanc+e Easement. the fo~lowjQa drawings were also recorded a0~ are irk my ofOce. Sheet G-i, recorded in the Official Record Book (ORB) 4101, pages 167-A through 167-I, Sheet DO-i, recorded in ORB 4101, pages 167-J through 167-R, Sheet AO-i, recorded in ORB 4101, pages 167-S through 167-AA, Sheet AO-3, recorded in ORB 4101, pages 167-BB through 167-JJ, Sheet AO-4, recorded in ORB 4101, pages 167-KK through 167-SS, Sheet AO-5, recorded in ORB 4101, pages 167-TT through 167-BBB, Sheet AO-6, recorded in ORB 4101, pages 167-CCC through 167- KKK, Sheet AO-7, recorded in ORB 4101, pages i67-LLL through 167-TTT, Sheet AO-8, recorded in ORB-4101, pages 167-UUU through 167- CCCC, Sheet !.-9, recorded in ORB-4101, pages 167-DDDD through 167- LLIL, Sheet LO-4, recorded in ORB-4101, pages 167-MMMM through 167- UUUU, Sheet IR-9, recorded in ORB-4101, pages 167-WW through 167- DDDDD, Sheet =R-12, recorded in ORB-4101, pages 167-EREEEE through 167- MMMMM Sheet EO-1, recorded in ORB-4101, pages 167-NNNNN through 167- VVVVV,and Sheet EO-4, recorded in ORB-4101, pages 167-WWWWW through 167-EEEEEE, The Doss Improvements and Maintenance easement covers the construction of improvements on the south- east side of the Trotwood/Tuskawilia intersection.