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Home My WebLink About2001 10 22 Consent C Public Improvements and Maintenance Easement and Agreement COMMISSION AGENDA ITEM C CONSENT X INFORMATIONAL PUBLIC HEARING REGULAR October 22, 200 1 Meeting MGR~T jJJ/ Authorization REQUEST: Public Works Department Requesting Approval ofthe Public Improvements and Maintenance Easement and Agreement from the Howell Creek Reserve Community Association, Inc. PURPOSE: The purpose of this Board item is to request Approval of the Public Improvements and Maintenance Easement and Agreement from the Howell Creek Reserve Community Association, Inc of 134 Nandina Terrace, for the construction and maintenance of Tuscawilla Lighting and Beautification District improvements at the easterly side of Vistawilla Drive south of State Road 434. CONSIDERATIONS: This public improvements and maintenance easement and agreement is needed for the construction and maintenance of the entranceway improvements by the Tuscawilla Lighting and Beautification District on the Association's property. The property is located on the East side of Vista willa Drive south of State Road 434. 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 $50 for recordation and $800 for survey and legal description. 10220 I CC.doc October 22, 200 1 Consent Agenda Item C Page 2 RECOMMENDA TION: It is recommended that approval of the Public Improvements and Maintenance' . Easement and Agreement be granted from the Howell Creek Reserve Community Association, Inc. for the construction and maintenance of Tuscawilla Lighting and Beautification District improvements at the east side of Vistawilla Drive south of State Road 434. IMPLEMENTATION SCHEDULE: All easements needed for the TLBD construction are pending approval except for Tuscora easements which are being pursued. ATTACHMENTS: l. Public Improvements and Maintenance Easement and Agreement COMMISSION 10220 I CC.doc ATTACHMENT #1 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, made this <-"5>-/% day o~~ .2001 BY-the Howell Creek Reserve Community Association Inc., a Florida not for profit corpo.ration, having a mailing address of 134 Nandina Terrace. Winter Svrines. 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: (;1'1 :-Word-Ikauli lication Eascl1Icnl-Trotw(""11I2-4/2/O I , , 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 corner of Tract "A" of said Eagle Watch PhaSe One, said corner 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 lO 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 of 2 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 l7 degrees 52 minutes 4l 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) Ri1!hts 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 withPennitted 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-Ilcautilicalioll 1:'1semcnl. Vislawilla East K/I 910 I 2 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 -( lcauti licalion Ease""'''l. Vista willa Easl H/I <)/0 I :I 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) IDeht 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 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 representatives thereto. 15) Grantors Duty of Noninteference. 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 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-Ilcautifieation Easement. Vistawilla Easl8l19l01 4 .; 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. GRANTOR) ens en, as President of the Howell e Reserve Homeowners Association, Inc. WITNESSES by Print Name STATE OF FLORIDA COUNTY OF SEMINOLE };~f..~'r'going inst'Ment was aCknOWledg~m to before me this / f( Day 0~(200l by ~ ~ ho i ot p~rslt'-known to me, or has produced as Ide . lcation"i!u.d NOTARY UBLIC - - - - GFE-Word-Ilcautilicalion Eascmcnt. V;slawilla East 8/1910 I 5 'm .'~~~""'''.. HOLLY P1ERSTORFF ~ ; I 1-\ Howy Public. State at fIot',da . 'j I.ly~ ~ Ju126, 2005 \t1.'ir"~~' Commillion' 00037H<4 CITY OF WINTER SPRINGS (GRANTEE) 4f;A)4(# tJ. ;/VIe...l ,;~~{)~ PL ~~ U). >>It?-- By: Ronald W. McLemore City Manager STATE OF FLORIDA COlfNTY OF SEMINOLE D +Tpe foregoing instrument was acknowledged and sworn to before me this ~ of ~{JJ~, 2001 bX Ronald W. McLemore, City Manager of the City oftter Springs Fl~rida ~slls not personally known to me, or hd/~uced f}--' as IdentIficatIon. JfJItit ~~ / NOTARY IC "'~~~'~;:;-.'''' HOLLY PIERSTORFF [:~.~ Notiry P~biic - S:ate of FloIida "..~...: My Coor.16SOn ExpresJun 25, 2005 ....;,o)'~ ,~~7- Commiuion' 00037454 "'llll"~ (iF!:. Word.llcau!iliealilln I:asemen!. Vislawilla !'as! XII ')10 I (j , , . 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 corner ofTrilct "A" of said Eagle Watch Phase One, said corner 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 alQng.-the-arc of said curve and Westerly line of Tract "B" through a central angle of20 47' 23" fori38.46 feet; thence departing said lot line, South 730 30'58" East for 20.30 feet; thence South 170-521-41 West for 39.45 feet; thence North 700 431 36" West for 20.30 feet to the POINT OF BEGINNING. Prepared by: Tinklepaugh Surveying Services, Inc. 379 W~t 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 61017, F.AC., 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.e ~~~ ARTI-IUR W. TUCKER P.LS # 4381 Date: ~ -I J- () I . TOI-C17 / / ---r-- 2' MASONRY COLUMNS WALL ARCHES -?; OVER WALK Q..y l' ',Op "'-~~ "<<'/ 1t~Tinklepaugh SURVEYING SERVICES. INC. ,. '1 S.K$:FCH OF .oESCRfPTfOJV . . .PROPOSE.f) ff'ALL EASENE/VT / SURVEYOR'S NOTES 1. THIS IS NOT A BOUNDARY ~RVE~ . 2.) BEARINGS AND DISTANCES SHOWN / ARE BASED ON lHE PLAT. 3.) SUBJECT TO EASEMENTS AND MA TIERS OF RECORD. / I / I ~'v / ~I '$ / ~~1 ~ ~ I ty/ ~\ I / I ~ I / I / I / I ( '~ '~ I '''/. ....p~ fil/c,y / ""- '- .0 /> r 0", ~ --7~ /YAir '-~ ~(S '- ~C': ~<P ~ & ~ A = 85"58'08" R = 25.00' L = 37.51' ~~ ~~ ~<o ~~ ~~ ~~ ~(j ~... ''Y ~ ~~ f;J$ tJ~ ~~ ~ ~ ~ ~~ ~~ \.)~ ~~ ~ ~ il . I. .H9 W. Michigan Street. Suite 208 0 Orlando. Florida 32806 Te1e. No. (407) 422-0957 Fax No. (407) 422-6915 UCENSED BUSINESS No. 3776