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HomeMy WebLinkAboutLuna Oscar and Myrtha-TLBD Easement Maintenance- 2002 06 17 ~t IUI.'.I..I..I.I~..I.IUI.I Prepared by and return to: City of Winter Springs @) 1126 East State Road 434 Winter Springs. FL 32708 :' Alln: City Manager MARYAtfE flJRSE, CLERK [F CIRCUIT COORT SEMltaE auny BK 04462 PB 0474 CLERK'S" 2002909245 RECORDED 07116/2002 091S61!58 AN DEED DOC TAX 0.70 RECORDINB FEES 33.00 RECORDED BY l Ml:Kinl.y ... TUSCA WILLA LIGHTING AND BEAUTIFICATION DISTRICT IMPROVEMENTS AND MAINTENANCE EASEMENT THIS EASEMENT, made this SlStJ6JJ1eBW71f day of :rCJ~e ,2002 by Oscar and Myrtha Luna having a mailing address of 1111 Gator Lane, Winter Springs, Fl 327078 (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 Spril1gs, Fl 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 Juscawilla Lightingand 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 this reference. 2) Grant of Easement. Grantor hereby voluntarily grants and cO}lveys to Grantee, successors, and assigns, subject to anrprevious duly recorded easements or grants of record, TLBD improvements and maintenance easement over, under, and across the real property fully describe in Exhibit "A" attached hereto.(Hereinafter the "property") of the nature and character and to the extent hereinafter set forth ("Easement"). CERTIFIED COP! \7~ MARYANNE MOI8I CLERK OF CIROUIT ~ma .~~a~ JUL 1 6 2002 OPE-Word-Beautification Easement-4111101 <(-' FILE NUM 2002909245 OR BOOK 04462 PAGE 0475 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) . Rie: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 including, but not limited to, signage, walls, water features, landscaping, and utilities and any other incidental appurtenances and accessories thereto; I 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 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 GFE- Word-8eautification Easement. 5/22102 2 , , FILE NUM 2002909245 OR BOOK 04462 PAGE 0476 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) 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. 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 whonfever. 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, GFE- Word-Beautification Easement. Sn2J02 3 ""'/, i.. FILE NUM 2002909245 OR BOOK 04462 PAGE 0477 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 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 Grantee, Grantee, upon written request of the Grantor, will remove the TLBD improvements and restore the property to its original condition, less reasonable wear and tear. IN WITNESS WHEREOF. Grantor and Grantee set their respective hands on the day and year above written. GRANTOR By~4 ~~;/ . By y~ Print ame ~ OPxi~ BY~~~ Print Name ~rt.o ~ 1 Oscar Luna B~~ yrtha Luna GFE-Word-Oeautilication Easement. 5/22102 4 FILE NUM 2002909245 OR BOOK 04462 PAGE 0478 STATE OF FLORIDA COUNTY OF SEMINOLE The foregoing instrument was acknowledged and sworn to before me this /1 Day of .JU^"E" , 20~by D~U\tL l,....,JA who is/is not personally known to me, or has produced as iderii~ification. 4~ ~' "",...."", Fernando A. Nen.,~ . l \CommIulOII # CO 86396' ;" "f Explrea Au. 17,2003 NARY PUBLIC ~ .:-' BoadM Tbru ~, ,Iff ' Atlantio BoadiDC Co., Inc ... ,,". ~ " " , . . \ GRANTEE . '.tJt j'" . --. r: ,,\ l" ~...' '. '. ~ I \.\.... -, . . CITY OF WINT~c~, .PRI~ ~" "'~<v,""" ;?o ~- 'l.;;-:/ :J~ \ ..... . ~t.W. " '''Vl . -_ ~ . 1'-' '.. - . "?' ; --:.. b. /' ." of::::. , By: Ron'ald W. M;cilIbo~/ ~ .: i5 f . r' 0, . ..,.) .' City Manager'... "'-'b", .1l'1t ....:,/./ .:- ~ . r-.~. \,,~ ./. ~ . . " . . ....' " '(() . ~~~\ 5,-' .... WITNESSES: ~.~~ nt Name ~ ,', t\ b dlnt\ . " ~ ~ . STATE OF FLORIDA COUNTY OF SEMINOLE -t .. TheJoregoing instrument was acknowledged and sworn to before me this (;Y- day of ~CI , 200~by Ronald W. McLemore, City Manager of the City of Winter Springs Florida wh~is not personally known to me, or has produced ~~, i~,y,~ti,~,:,,~tio,n. ~ ~L ' . \.().'~.~~~(tJ .... , V_ ' L A- /'~~~\O t ^ ~'~~~"". ",." ANDREAlORENZo-LUACES TAAY PUBLIC : ::- .- . - MY COMMISSION (I cc 831931 :: ~: .,. . "" : - EXPIRES: MIlY II. 2003 "\ :.. p u 0 t. \ C I l~NOTAAY F1a. Not.-y 81lMoe & Boncing Co. \ U'~" . . '....", ~;~ (......t.~.... ......~ (" ./ GFE. Word. Beautification Easement. 5/21/02 5 FILE NUM 2002909245 OR BOOK 04462 PAGE 0479 EXHIBIT "A" Sheet 1 See Sketch of Description Included as Attachment "A" PROPOSED WALL EASEMENT DESCRIPTION \ A portion oflot 29, Wmter Springs Unit 2, per the plat thereof, as Recorded in Plat Book 16, Pages 82 and 83, Seminole County, Florida, being more particularly described as follows: Begin at the,Southernmost corner of said lot 29; thence run North 520 50' 29" West along the Southwesterly line of said lot 29 for a distance of 17.00 feet; thence departing said lot line, North 3JD 09' 31" East for a distance of29.00 feet; thence South 520 50' 29" East for a distance of 17.00 feet; thence South 3.70 09' 31" West along the Southeasterly line of said lot 29 and Northwesterly Right of Way line of Deer Run for a distance of29.00 feet to the POINT OF BEGINNING. T02-C53.29 Prepared by: Tinklepaugh Surveying 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, F.A. C., pursuant to Chapters 177 and 472. Florida Statutes. Unless it bears the signature and the oi:iginal raised seal of a Florida licensed surveyor and mapper this drawing, ~l<e~C~p'i~l""IIII. or_ is fur Wlxma1iono! PWJX>"S ~onIY.,.r~ n. ?t. v.a~id..... :"_" ~' /'/ ~ ;' "..< r :- . c. '....' ~ ~/ .............. I.. I'A, CQ () , ARTHUR ~ TUQ<ER P.L.S # 438f . . j n~. Ir~J ',(', c. ~ . Date: fz. - ~./ 0 :2. ~ _: " ':, ,.,' .;':.: ~ ." Co) . ' .' ':,,~