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HomeMy WebLinkAbout2002 07 08 Consent F Public Improvements and Maintenance Easement and Agreement COMMISSION AGENDA ITEM F CONSENT X INFORMATIONAL PUBLIC HEARING REGULAR July 8, 2002 Meeting MGR/V IDEPT J/ Authorization REQUEST: Public Works Department Requesting Approval of the Public Improvements and Maintenance Easement and Agreement from the Mr. & Mrs. Michael Carter. PURPOSE: The purpose of this Board item is to request Approval of the Public Improvements and Maintenance Easement and Agreement from Mr, & Mrs. Michael Carter of 1150 Howell Creek Drive, Winter Springs, FL. for the construction and maintenance of Tuscawilla Lighting and Beautification District improvements at Howell Creek Drive, 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 grantor's property. The property is located in the southern part of the TLBD on Howell Creek Drive south of Osee lot Trail. The agreement provides for the construction and maintenance of the proposed entranceway improvements including walls, signage, landscaping, brick pavers and irrigation. This signage is needed in lieu of the signage at Tuskawilla Road and Dyson Drive. 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 $200 for survey and legal description. July 8, 2002 Consent Agenda Item F 2 '-" _.....,.,~. .'...."'-., ]] 6] "--, -'" /" " ......... ....... " .~ --, "- "'........... ---. '/ .,',.'....." . .'-..-...,'......-:! . --",,>....,. ......,-,.._"'-~_.--Z'.<'-.\',r// '-.. .r " ../,', 9] l "-. ,,-,- "" ,.r' Page 2 RECOMMENDA nON: It is recommended that approval of the Public Improvements and Maintenance Easement and Agreement be granted from Mr, and Mrs. Michael Carter for the construction and maintenance of Tuscawilla Lighting and Beautification District improvements at the west side of Howell Creek Drive south of Osee lot Trail. IMPLEMENTA TION SCHEDULE: This is one of the two remaining easement to be procured for TLBD construction, ATTACHMENTS: 1. Public Improvements and Maintenance Easement and Agreement COMMISSION ACTION: A TT ACHMENT NO. 1 Prepared by and raurn to: City ofWinler Spring; 1126 East State Road 434 Winter Spring;, FL 32708 Attn: City Manager TUSCAWILLA LIGHTING AND BEAUTIFICATION DISTRICT IMPROVEMENTS AND MAINTENANCE EASEMENT THIS EASEMENT, made this day of ,2002 by Michael W.T. and Jane T. Carter having a mailing address of 1150 Howell Creek Drive Winter Springs, Fl327078 (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"). 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) Ri2hts 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. 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, FL. 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 Ri2:ht to Seek Eauitable 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, without limitation, specific performance and injunctive relief) to enjoin the occurrence and continuation of the breach, 12) Entire A2: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) Soverei2: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. 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, FL. 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 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, 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 Immunity. 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 N oninteference. 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. GRANTOR By Michael W. T. Carter By Jane T. Carter WITNESSES: By Print Name By Print Name ST ATE OF FLORIDA COUNTY OF SEMINOLE The foregoing instrument was acknowledged and sworn to before me this day of 2002 by who is/is not personally known to me, or has produced as identification, NOTARY PUBLIC GRANTEE 'I..' CITY OF WINTER SPRINGS WITNESSES: By: Ronald W. McLemore City Manager Print Name STATE OF FLORIDA COUNTY OF SEMINOLE The foregoing instrument was acknowledged and sworn to before me this day of , 2001 by Ronald W. McLemore, City Manager of the City of Winter Springs Florida who is/is not personally known to me, or has produced as identification. NOTARY ,..- /' ,:_r. ,I ~. / / / A TT A CHMENT "A" SKETCH OF DESCRIPTION -- NOT A SURVEY -- SOUTHEASTERLY LINE OF LOT 78 NoRTHVESTERLY RIGHT OF VAY OF HoVELL CREEK DRIVE \/ POINT OF BEGINNING SOUTHERNMOST CORNER OF LOT 78 I LOT 78 \.lINTER SPRINGS UNIT 2 PLA T BOOK 16, PAGE 82. ~ '" /" SoUTHVESTERLY LINE OF LOT 78 LOT 79 VINTER SPRINGS UNIT 2 PLAT BOOK 16. PAGE 82 / / / / NOTES: 1) THIS IS NOT A BOUNDARY SURVEY. 2) BEARINGS ARE BASED ON THE PLAT OF VINTER SPRINGS UNIT 2 AS RECORDED IN PLAT BOOK 16, PAGE 82 OF THE PUBLIC RECORDS OF SEMINOLE COUNTY, FLORIDA. 3) THIS SKETCH VAS PREPARED \JITHoUT 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 / / / / ~4.> ~ <:) ~+ <<;-4; (j ~ ~4; v? I I 01 NI I I , -~- I 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 6 = DELTA or CENTRAL ANGLE Tinklepaugh SURVEYING SERVICES, INC. 379 W. Michigon Street. Suite 208 0 Orlondo. f1orido 32805 Tele, No, (407) 422-0957 Fax No, (407) 422-6915 UCENSED BUSINESS No. 3778 I ,,,., .. .11 . "'II .., I. III 111.' . lit II III. II . I. 1IIllllnl Prepared by and return 10: ~ City of Winter Springs I (26 East Stale Road 434 Winter Springs, FL 32708 Alln: City Manager MARYANNE MORSE, ClERK (F CIRCUIT' COORT BEM I MLE COl..MY BK 04462 PG 0481 CLERK'S n 2002909246 RECORDED 07116/2002 09156.58 AM DEED DOC TAX 0.70 RECORDING FEES 33. 00 RECORDED BY L McKinlty '" . .( ",", TUSCA WILLA LIGHTING AND BEAUTIFICATION DISTRICT IMPROVEMENTS AND MAINTENANCE EASEMENT fL \ THIS EASEMENT, made this 12 day of c )0 ~ ,2002 by Michael W.T. and Jane T. Carter having a mailing address of 1160 Howell Creek Drive Winter Springs, FI 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 CERTifiED COpy hereinafter set forth ("Easement"). MAR'YANNE MORSe , CLERK OF CIROU/T 00 RI SEMI LE COU qy GFE.Word-Beautification Easement-512m2 JUL 1 6 ~OO~ 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) 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; 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 fo:r 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 ~rmit. ; 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. GFE-Word-Beautificatjon Easement, sn2lO2 2 FILE NUM 2002909246 OR BOOK 04462 PAGE 0483 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 {ights in this Easement. 9) Successors. The covenants, terms, conditions, rights, and restrictions of this Easement shall be bi~ding 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 Easem<!nt granted hereunder over, under, and across the Property and will defend the same against lawful claims of all persons whomever. 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 GFE- Word-Beautification Easement. 5n'li02 3 >, FILE NUM 2002909246 OR BOOK 04462 PAGE 0484 reason of such breach, Grantee shall be entitled to equitable relief (including, without limitation, specific performance and injunctive relief) to enjo,in 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 rep~esentatives 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. GRANTOR By #~) Mary Anne WIllett . *., My Comrnlulon CC803llG7 '\;.. ~ ExpIres January 14, 2004 GFE-Word.Beautilicalion Easement. 5/22102 4 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 WINTBRSPR'INGS ,:'" -' :t.:' : ':: D '. ','" ..": ~,\ - " .. . ~~";?lt~, " ': , -,-' ~ 9--:':.- By: Ronald W. Mc' inare .:-'; 'c.. ,. "',",---'. d ~ 'c..... City Managc1r !... '. v.'"'" .: ...~ ;' I '. <:)." "-' :j \:'i .' /," ). ~ . , '" :1./, ..,.."... ,,~,)_ ',,- '\\\" tIt! 1,)) ~'t.. .." ". 't""..... WITNESSES: ~~.~~ ntName:::r~",Ce... ~ d.,f'\b STATE OF FLORIDA COUNTY OF SEMINOLE ~e foregoing instrument was acknowledged and sworn to before me this '~y of (....~ ,20<\J.-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~~~,~ifiCa[lOn, " r ^ c~ ,,/ ~"\\ '11) ('>., (jANDREALORENZQ.LUACES ~ ~_--= -" ",' ' ') ____ MY COMMISSION (I CC 631931 -- N Y PUBLIC :c "'......:" 1; 1\ n. Y \ ":., EXPIRES: May 9, 2003 : ~: : \\C " NOTARY FIB. Nalsry seNice & Bonding Co, ~ Cl: <C \:-800'3- ::;,::' ~. V ~ ...-::', ,\., : ':' - .'., I" \J a "-' '.: , ~ , ".., .~. .~.~ ; ~. r " .' \ 'v / ...... o FE. Word.Beautification Easement, 5n2J02 5 FILE NUM 2002909246 OR BOOK 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 corner of said lot 78; thence run North 4r 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 4r 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, lnc, 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 171,F.A C.': pursuant to Chapters 177 and 472, Florida Statu'ief Qnl~ss it, bears the signature and the original raised seaCbf a . I1'loi'ida , licensed surveyor and mapper this drll\vh;g,~ketcfl, plet or map is for inforrnation~ purposes. o~iimqfr:h~ va~!d,~ ~~ ~ i~ ':,/ r/. ," '. (} "~' " ,,' ART~ W. T~~R P.L.S # 43~~.",~ ":;";:'~<:>." Date, t -0.1." ,', ".,.. . FILE NUM 2002909246 ., ~ A TT ACHMENT W A W SKETCH OF DESCRIPTION -- NOT A SURVEY -- LOT 78 VINTER SPRINGS UNIT 2 PLAT BOOK 16, PAGE\82 / / LOT 79 VINTER SPRINGS UNIT 2 PLA T BOOK 16, PAGE 82 SOUTHEASTERLY LINE OF LOT 78 NORTHIJESTERL Y RIGHT OF IJAY OF HOIJELL CREEK DRIVE \/ / ~ / ~~ ~ -<v ~+ ~~ (; V> ~~ ~ I '01 NI n . '" /" SOUTHIJESTERL Y LINE OF LOT 78 / POINT OF BEGINNING SOUTHERNMOST CORNER OF LOT 78 -~- I ' / / 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 l:!.. = DELTA or CENTRAL ANGLE " / NOTES: 1) THIS IS NOT A BOUNDARY SURVEY. 2) BEARINGS ARE BASED ON THE PLAT OF' VINTER 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 VITHoUT THE BENEFIT OF A CURRENT ABSTRACT OF TITLE AND AS SUCH IS SUBJECT TO EASEMENTS AND MATTERS OF RECORD. Tlnklepaugh SURVEYING SERVICES. INC. 379 W. Michigon Street. Suite 208 0 Orlondo. F'Iorido 32806 In,i.,'iii';':; No. T02C53 FILE No. SX -725 7 Tele. No. (407) 422-0957 Fax No. (407) 422-6915 UCENSED BUSINESS No. 3778