HomeMy WebLinkAboutHowell Creek Reserve Community Association-TLBD Easement Maintenance- 2001 10 05
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MARYANNE MORSE, CLERK OF CIRCUIT COURT
SEMINOLE COUNTY
BK 04220 PG 0705
. CLERK'S # 2001778282
Prepared by and return to: RECORDED 11/15/2001 08:26:53 AM
City of Winter Springs DEED DOC TAX 0.70
@) 1126 East State Road 434 RECORDING FEES 37.50
<!-... Winter Springs. FL 32708 RECORDED BY L McKinley
Altn: City Manager
TUSCA WILLA LIGHTING AND BEA UTIFICA TION DISTRICT
IMPRO VEMENTS AND MAINTENANCE EASEMENT
THIS EASEMENT, made this --..:::?-& dayof~,2001
By the Howell Creek Reserve Community Association Inc., a Florida not for profit
corporation, having a mailing address of 134 Nandina Terrace. Winter Sprines. 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 Homeowner's Association for Howell Creek Reserve
Community Association; and
WHEREAS, Grantor is the sole owner of certain real property located within the
defined area of the Tuscawilla Lighting and Beautification District (hereinafter called
"TLBD"): 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
(hereinafter collectively referred to as "Permitted Purposes") in the TLBD which was
created by the City of Winter Springs for the benefit of the public: and
WHEREAS, Grantor, as fee simple owner of the easement property, also agrees
to assist Grantee in obtaining any local; state, or federal permits required to construct the
TLBD improvements and any other incidental appurtenances and accessories thereto: and
NOW, THEREFORE, in consideration of the enumerated TLBD
purposes stated herein, and mutual covenants, terms and conditions and restrictions
contained herein, together with other good and valuable consideration, the receipt and
sufficiency of which is acknowledged, Grantor provides as follows:
1) Recitals. The foregoing recitals are hereby incorporated herein by this reference.
2) Grant of Easement. Grantor hereby voluntarily grants and conveys to Grantee,
successors, and assigns, subject to any previous duly recorded easements or grants
of record, TLBD improvements and maintenance easement over, under, and
across the real property described as follows:
-
GFE-Word-13eautitication Easement-Trolwood #2-4/2/01
FILE NUM 2001778282
OR BOOK 04220 PAGE 0706
A portion of Tract "B", Eagles Watch Phase One, per the plat thereof, as recorded
in Plat Book 49, Pages 8 and 9, Public Records of Seminole County, Florida,
being more particularly described as follows:
Commencing at the Northwest comer of Tract "A" of said Eagle Watch PhaSe
One, said comer being on a curve concave Northwesterly having a radius of
790.00 feet; thence from a tangent bearing of North 20 degrees 27 minutes
18 seconds East, run Northeasterly along the arc of said curve and Westerly line
of said Tract "B" through a central angle of 0 1 degree 10 minutes 54 seconds for a
distance of 16.29 feet to the POINT OF BEGINNING; thence continue along
the arc of said curve and Westerly line of tract "B" through a central angle of2
degrees 47 minutes 23 seconds for 38.46 feet; thence departing said lot line, South
73 degrees 30 minutes 58 seconds for 20.30 feet; thence South 17 degrees 52
minutes 41 seconds West for 39.45 feet; thence North 70 degrees 43 minutes 36
seconds West for 20.30 feet to the POINT OF BEGINNING.
(Hereinafter the "Property") of the nature and character and to the extent hereinafter set
forth ("Easement") and further described in Attachment" A" attached hereto and made
part hereof.
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,
Permitted Purposes. 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) Riehts 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 in accordance with Permitted
Purposes;
b. To prevent any activity on or use of the Property that is inconsistent with
The purpose of the Easement, and to require the restoration of areas or features of
the Property that may be damaged by an inconsistent activity or use;
c. To use this Easement for ingress and egress to the defined TLBD
improvements;
d. To cut, trim, and keep clean such trees, brush, and undergrowth
that might hinder or prohibit the use of the Property including, but not limited to
Permitted Purposes; and
GFE-Word-lleautitieatiOli Easemenf. 2
Vistawilla East 8/1 9/0 I
FILE NUM 2001778282
OR BOOK 04220 PAGE 0707
.
e. T<;> 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) 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 representatives, heirs, successors, and assigns and shall .
continue as a servitude running with the Property.
10) Grantor's 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
GFE-Word-Beaulification Easement, 3
Vistawilla EasI8/19/01
FILE NUM 2001778282
OR BOOK 04220 PAGE 0708
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) Ri2ht 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 petformance and injunctive relief) to enjoin the occurrence
and continuation of the breach.
12) Entire A2reement. 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) Soverei2n 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 yes thereto.
15) Grantors Dutv of Noninteference. Grantor agrees not to intetfere or allow
others to intetfere 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
except in accordance with any matters of record in existence as of the date of this
easement.
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,
GFE-Word-Beautification Easement. 4_
Vistawilla East 8119101
FILE NUM 2001778282
r OR BOOK 04220 PAGE 0709
at Grantor's written request, agrees to execute an appropriate written instrument to
terminate this easement.
17) Grantee's Responsibilities. Once construction begins on the TLBD
improvements contemplated by this Easement, Grantee, at Grantee's sole cost and
expense, shall be solely responsible for the maintenance, upkeep, repairs and
expenses of all Permitted Purposes located on the Property. Further, to the extent
permitted by law, Grantee shall indemnify and hold Grantor harmless 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 indemnification 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.
Print Name
STATE OF FLORIDA
COUNTY OF SEMINOLE
~ f?flflring instruZ;,t ~ aCknOWledge~m to before me this ~
Day m 00 I by ~ 0 is/i t person' known to
me, or nas produced as identi ation.
- - - - -
'm HOtlY P1ERSTORFF l
fiJ . 1-\ Notary P:.Jbiic . Slale of Rorida
GFE-Word-Beautification Easement. S \~ ;} My Camissal Expf'es Jun 25, 2005 ~
Vistawilla EasI8/19/01 4 ....~;.. ..P' Commission" 000374504
,",,1\
---
FILE NUM 2001778282
OR BOOK 04220 PAGE 0710
CITY OF WINTER SPRINGS (GRANTEE)
~ tJ. tw~ ~
,
By: Ronald W. McLemore
City Manager
.
ST A TE OF FLORIDA
COUNTY OF SEMINOLE
~d};t;regOing instrument was acknowledged and sworn to before me this ~y of
~nald W. Mclemore, City Manager of the City of Wint Springs
Florid 0 is/' ot personally known to me, or has produced
as identI lcation. ,
-
'~\ "aLLY "ERITOO"
. i Notary f>\lbllc - StatII t1I F10rtdI
~ ~ W My c:crrm.u, EJiph1I.bt 2B, DIe
~ ~",.,' Commiulon' DD0274'4
- -
GFE- Word-Bcautitication Eascmcnt, G -
Vistawilla East 8/\910 I
FILE NUM 2001778282
OR BOOK 04220 PAGE 0711
Sheet 1
See Sketch of Description
Included as Attachment "A"
DESCRIPTION
A portion of Tract "B", Eagles Watch Phase One, per the plat thereof, as recorded in Plat Book
49, Pages 8 and 9, Public Records of Seminole County, Florida, being more particularly described
as follows:
Commence as the Northwest comer of Tract "A" of said Eagle Watch Phase One, said
comer being on a curve concave Northwesterly and having a radius of790.00 feet; thence from a
tangent bearing of North 200 27' 18" East, run Northeasterly along the arc of said curve and
Westerly line of said Tract "B" through a central angle of 01 0 10'54" for a distance of 16.29 feet
to the POINT OF BEGINNING, thence continue along the arc of said curve and Westerly line
of Tract "B" through a central angle of20 47' 23" for 38.46 feet; thence departing said lot line,
South 730 30'58" East for 20.30 feet; thence South 170 52' 41 West for 39.45 feet; thence North
700 43' 36" West for 20.30 feet to the POINT OF BEGINNING.
Prepared by:
TinkIepaugh Surveying Services, Inc, This description and the accompanying sketch or
379 West Michigan Street sketches has been prepared in accordance with the
Suite 208 Standards set forth in Chapter 61 G 17, F.AC" pursuant
Orlando Florida 32806 to Chapters 177 and 472, Florida Statutes, Unless it
(407) 422-0957 bears the signafure and the original raised seal of a
Florida licensed swveyor and mapper this drawing,
sketch, plat or map is for infonnational purposes only
and is not valid.
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.....0 i'('s 379 W. Michigan Street. Suite 208 Q Orlando, Florida 32806
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