HomeMy WebLinkAboutCarter, Michael W.T. and Jane T. TLBD Improvements and Maintenance Easement -2002 06 28
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Prepared by and return to:
~ City of Winter Springs
1126 East State Road 434
Winter Springs, FL 32708
Altn: City Manager
JUt 2 4 ?n01
MARYAtfE II)RSE, a.ERK [F CIRCUIT COURT
SEMINl1E aum
BK 04462 PG 0481
CLERK'S * 2002909246
RECORDED 07116/2002 091S61S1 AM
DEED DOC TAX 0.70
RECORDINB FEES J3. 00
RECORIlED BY L Md<inlt,
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TUSCA WILLA LIGHTING AND BEAUTIFICATION DISTRICT
IMPROVEMENTS AND MAINTENANCE EASEMENT
THIS EASEMENT, made this ,2 f:L day of c ~u~ ,2002
by Michael W.T. and Jane T. Carter having a mailing address ofillo Howell Creek
Drive 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 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,
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 fully describe in Exhibit "A" attached
hereto.(Hereinafter the "property") of the nature and character and to the extent
hereinafter set forth ("Easement").
GFE- Word-Beautification Easement-5122102
FILE NUM 2002909246
OR BOOK 04462 PAGE 0482
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) Ril!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;
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.
OFE-Ward-Beautification Easement, 512']J02
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FILE NUM 2002909246
OR BOOK 04462 PAGE 0483
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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) 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 whomever.
11) Grantee's Rie:ht 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
GFE-Word-Beautification Easement. 5/22102
3
FILE NUM 2002909246
OR BOO~ 04462 PAGE 0484
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 Ae:reement. 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) Sovereie:n 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 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 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. t!
GRANTOR ~ / Li::. _
By~~~~.J ~ (b/2?1joZ
Michael W.T. Carter f '
B ~~-.1 Co_1:!rb ~:v1t)L
y ~ T. Carter
By
~> MIIy Anne WIIleIt
*WS"*M>tCommlalon CC8llI8II
~.~ e.p,. Januery 14,'"
GFE-Ward-Beautification Easement. 5/22102
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FILE NUM 2002909246
OR BOO~ 04462 PAGE 0486
EXHIBIT "A"
Sheet 1
See Sketch of Description
Included as Attachment "A"
PROPOSED WALL EASEMENT
DESCRIPTION
A portion oflot 78, Winter 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 comer of said lot 78; thence run North 470 25' 11" West along the
Southwesterly line of said lot 78 for a distance of 17.00 feet; thence departing said lot line, North 420
34' 47" East for a distance of29.00 feet; thence South 470 25' 11" East for a distance of 17.00 feet;
thence South 420 34' 49" West along the Southeasterly line of said lot 78 and Northwesterly Right
of Way line of Howell Creek Drive for a distance of29.00 feet to the POINT OF BEGINNING.
T02-C53.78
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 rJil.~~ C.': pursuant
to Chapters 177 and 472, Florida Statute~ g11loos .il.bears
the signature and the original rai~' seilt.1>f a Ij'lon~a
. licensed surveyor and mapper thfs'tirlt~g,.Jket<!l, li.~d
or map is for informational purpo~_ o~pn~~ v~.
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ARTHUR W. TU~R P.L.S # 4'3~1 . :......~.:":Je.,'\. ,.,,-
t .:t .t' P '}l ~ ,,'
Date: ~ -0 'I",,',. ..,1'"
....
"
FILE NUM 2002909246
A TT ACHMENT · A.
SKETCH OF DESCRIPTION
.. NOT A SURVEY..
SOUTHEASTERLY LINE
OF LOT 78
NORTH'JESTERL Y
RIGHT OF 'JAY OF
HO'JELL CREEK DRIVE
\/
POINT OF
BEGINNING
SOUTHERNMOST CORNER
OF LOT 78
LOT 78
WINTER SPRINGS UNIT 2
PLAT BOOK 16, PAGE 82
~
'"
/"
SOUTH'JESTERL Y LINE
OF LOT 78
LOT 79
WINTER SPRINGS UNIT 2
PLA T BOOK 16, PAGE 82
/
/
/
/
NOTES:
1) THIS IS NOT A BOUNDARY SURVEY.
2) BEARINGS ARE BASED ON THE PLAT OF
WINTER SPRINGS UNIT 2 AS RECORDED IN
PLA T BOOK 16, PAGE 82 OF THE PUBLIC
RECORDS OF SEMINOLE COUNTY, FLORIDA.
3) THIS SKETCH WAS PREPARED WITHOUT
THE BENEFIT OF A CURRENT ABSTRACT OF
TITLE AND AS SUCH IS SUBJECT TO
EASEMENTS AND MATTERS OF RECORD.
DRAWING No. T02C53 FILE No, SX-7257
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ABBREVIATION LISTING
O.R.B. = OFFICIAL RECORDS BOOK
PG. = PAGE
P.B. = PLAT BOOK
P.C. = POINT OF CURVATURE
P.T. = POINT OF TANGENCY
P.C.C. = POINT OF COMPOUND CURVATURE
P.R.C. = POINT OF REVERSE CURVATURE
D = DELTA or CENTRAL ANGLE
b. = DELTA or CENTRAL ANGLE
Tlnklepaugh
SURVEYING SERVICES, INC.
379 W. Michigan Street. Suite 208 0 Orlando. Florida 32806
Tele. No. (407) 422-0957 Fax No. (407) 422-6915
lJCENSED BUSINESS No. 3778
FILE NUM 2002909246
OR BOOK 04462 PAGE 0485
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.
NOT AR Y PUBLIC
GRANTEE
_,- ~t;:, :'
CITY OF WINTE:R~RINGS
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By: Ronald W. Mc' ~Q(e :~; :.
City Managi~. ::: '-.. ~~ ::./ ~' .-
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WITNESSES:
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nt Name::r~",u.. (b^b
STATE OF FLORIDA
COUNTY OF SEMINOLE
The foregoing instrument was acknowledged and sworn to before me this (~y of
B-, 20Q).by Ronald W. McLemore, City Manager of the City of Winter Springs
Florida wh@s not personally known to me, or has produced
as i~~tifiCation. C ^ L~
:j' ;"1,., . ...... ~ANDREALORENZO.LUACES _ __-=
.... . . \ MY COMMISSION # CC 631931 -- N Y PUBLIC
1...., l' p.. G. '( , ":- EXPIRES: May 9. 2003
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GFE-Word-Beautification Easement, 512'lJ02
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