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HomeMy WebLinkAboutAyube Benson Carmen, Inc.-Public Landscaped/Underground Utility- 2005 08 17 Prepared by and return to: City of Winter Springs, Attn: City Manager 1126 East S.R. 434 Winter Springs, FL 32708 PUBLIC LANDSCAPED/ UNDERGROUND UTILITY EASEMENT I It h day of A "'J Tms EASEMENT is made this 2005 By: Ayube N. Khan, President; Ayube Benson Carmen, Inc. Having a mailing address of: 1542 Westcott Loop Winter Springs, Fl32708 (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 ("Grantee"). WITNESSETH WHEREAS, Grantor is the sole owner of certain real property located within the City of Winter Springs at 295 E. SR 434: and WHEREAS, Grantor desires to convey a landscape and underground utility easement over, under, and across a portion of its real property, as legally described herein, for purposes of allowing Grantee ingress and egress to operate and maintain certain public improvements and other incidental appurtenances and accessories related to the public utilities needed to service the property more specifically, to provide for underground utilities: 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 maintain the public improvements and any other incidental.appurtenances and accessories thereto: and WHEREAS, Grantor and Grantee believe that this public improvement easement is in the best interest of the public health, safety, and welfare of the citizens of Winter Springs and Seminole County NOW, THEREFORE, in consideration of the enumerated public 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, public access and improvements and maintenance easement over, under, and across the real property described as follows: See Exhibit 'B' (Hereinafter the "Property") of the nature and character and to the extent hereinafter set forth ("Easement"). 3) Purpose of Easement. It is the express purpose of this Easement to provide Grantee unconditional ingress and egress to operate and maintain public utilities 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 for ingress and egress and to construct, operate, and maintain public improvements over, under, and across the Property for the benefit of the public; and 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 of features of the Property that may be damaged by an inconsistent activity or use; and c. To cut, trim, and keep clean such trees, brush, and undergrowth that might hinder or prohibit the use of the Property; and d. To take any civil action deemed necessary, at the Grantee's sole and absolute discretion, to protect and preserve the Easement granted hereunder. 2 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 public improvements and other incidental appurtenances and accessories referred to herein. Grantor, as fee simple owner of the Property, hereby agrees to allow Grantee, at Grantee's expense, 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 public 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) . SU4:4:esson. 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) Granton Reoresentations 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. 3 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 Ri2ht 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 public, 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 Allreement. 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) Sovereim 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 Noninterference. 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. 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 public improvements described herein, Grantee, at Grantor's written request, agrees to execute an appropriate written instrument to terminate this easement. IN WITNESS WHEREOF. Grantor and Grantee set their respective hands on the day and year above written. 4 wrrm:s;J-: /JJ1f, Print Nmne K ~+(h ~/...c''' kf 1 J 'V" r.~ CQI"~,.!/Y1 C Ub ~ (~~ by fly Y~l/ IJ ~ ~tN~eAvuBE M.kHA~ . STATE OF FLORIDA COUNTY OF SEMINOLE The foregoing ins Day of AutI . 2005 by me, or ha1'PfOduced ~ Mary Anne Willett r~ . My commilSiOll 00266644 ",..,.,1 Expires January 14, 2008 ledg and sworn to before me this / 1 who is/is not personally known to as identification. WITNESSES vt' rint N~e :ToitIJ L.. Brow n ~ .~ ~,,-.....a ntN~ . ~Q.\\a~\\ CITY OF WINTER SPRINGS (GRANTEE) ~ t~~~ /. - / By: Ronald. . McLemore City Manager STATE OF FLORIDA COUNTY OF SEMINOLE ~The foregoing instrumen. t was acknowledged and sworn to before me tbi~ day of ,2005 by Ronald W. McLemo . Manager of the City of Winter Springs lorida w~ not rsonally kiiown to , or as produced as identification. NOTARY PUBLIC l.oIenll>lua<:e t:1\. ~"::'misliOn 00209870 'J-J expires May 09.2007 5 ,SKETCH OF DESCRIPTION FOR LANDSCAPE BUFFER / UTILITY EASEMENT EXHIBIT B PAGE 1 OF 2 DESCRIPTION: (PARENT PARCEL) THAT PART OF LOT 48, ENTZMINGER FARMS ADDITION NO.2, AS RECORDED IN PLAT BOOK 5, PAGE 9, PUBLIC RECORDS OF SEMINOLE COUNTY, FLORIDA AND THAT PART OF LOT 52, BLOCK "0", D.R. MITCHELLS SURVEY OF THE MOSES E. LEVY GRANT, AS RECORDED IN PLAT BOOK I, PAGE 5, PUBLIC RECORDS OF SEMINOLE COUNTY, FLORIDA. DESCRIBED AS FOLLOWS: FROM THE INTERSECTION OF THE SOUTHERLY RIGHT -OF -WAY LINE OF STATE ROAD 434 AND THE EASTERLY RIGHT-OF-WAY LINE OF MOSS ROAD; RUN S.88'23'42"E. ALONG SAID SOUTHERLY RIGHT -OF -WAY LINE OF STATE ROAD NO. 434 A DISTANCE OF 932.89 FEET FOR A POINT OF BEGINNING; THENCE CONTINUE S.88'23'42"E. ALONG SAID SOUTHERLY RIGHT -OF -WAY LINE A DISTANCE OF 66.+5 FEET TO THE POINT OF CURVATURE OF A CURVE CONCAVE NORTHERLY AND HAVING A RADIUS OF 1330.00 FEET; THENCE RUN EASTERLY ALONG THE ARC OF SAID CURVE 123.80 FEET THROUGH A CENTRAL ANGLE OF 05'20'00"; THENCE DEPARTING AFORESAID SOUTHERLY RIGHT -OF -WAY LINE OF STATE ROAD NO. +34; RUN S.03'43'42"W. A DISTANCE OF 250.00 fEET TO A POINT ON A CURVE CONCAVE NORTHERLY, SAID CURVE HAVING A RADIUS OF 1580.00 FEET AND A CHORD BEARING OF S.88'56'18"W.; THENCE RUN WESTERLY ALONG THE ARC OF SAID CURVE 147.08 FEET THROUGH A CENTRAL ANGLE OF 5'20'00"; THENCE N.8S'23' 42''w. A DISTANCE OF 117.19 FEET; THENCE N.16'51 '35"E. A DISTANCE OF 57.01 FEET; THENCE N.Ol'36'IS"E. A DISTANCE OF 173.47 FEET; THENCE S.88'23'+2"E. A DISTANCE OF 35.75 FEET; THENCE N.01'36'18"E. A DISTANCE OF 21.53 FEET TO THE POINT OF BEGINNIING. CONTAINING 59,052 SQUARE FEET (1.36 ACRES) MORE OR LESS. '10' LANDSCAPE AND UTILITY EASEMENT DESCRIPTION: FROM THE INTERSECTION OF THE SOUTHERLY RIGHT -OF -WAY LINE OF STATE ROAD 434 AND THE EASTERLY RIGHT-OF-WAY LINE OF MOSS ROAD; RUN S.88'23'42"E. ALONG SAID SOUTHERLY RIGHT-OF-WAY LINE OF STATE ROAD NO. 4.34 A DISTANCE OF 9.32.89 FEET FOR A POINT OF BEGINNING; THENCE CONTINUE S.88'23'42"E. ALONG SAID SOUTHERL.Y RIGHT -OF -WAY LINE A DISTANCE OF 66.4-5 FEET TO THE POINT OF CURVATURE OF A CURVE CONCAVE NORTHERLY AND HAVING A RADIUS OF 13.30.00 FEET; THENCE RUN EASTERLY ALONG THE ARC OF SAID CURVE 123.80 FEET THROUGH A CENTRAL ANGLE OF 05'20'00"; THENCE DEPARTING AFORESAID NORTHERLY RIGHT -OF -WAY LINE OF STATE ROAD NO. 434; RUN S.03'4-3'4-2"W. A DISTANCE OF 10.00 FEET TO A POINT ON A CURVE CONCAVE SOUTHERLY HAVING A RADIUS OF 1.340.00 FEET; THENCE RUN WESTERLY ALONG SAID CURVE (10.00 FEET SOUTHERLY OF AND PARALLEL WITH SAID SOUTH RIGHT OF WAY LINE OF STATE ROAD +34) A DISTANCE OF 12+.92 FEET THROUGH A CENTRAL ANGLE OF 25'20'28" AND A CHORD BEARING OF S 88'50'17" E; THENCE RUN N 88'26'37" W A DISTANCE OF 66.50 FEET; THENCE RUN N 01'32'04" E A DISTANCE OF 10.00 FEET TO A POINT OF BEGINNING. DA TE PREPARED: 8-5-05 <( LO o I ex) (") C\I ill -l lL HENRICH-LUKE & SWAGGERTY, LLC surveyors &- mappers e 250 S. Ronald Reogon Baulevord Suite II~ Longwood. Florida J2750 8. (W7) 5~7-7J"5 FAX (407) 547-8097 Licensed Business No. 7275 SEE PAGE 2 OF 2 FOR SKETCH , , ;SKETCH OF DESCRIPTION FOR ANDSCAPE BUFFER / UTILITY EASEMENT POINT OF COlIllENCDlENT I INTERSECTION OF EAST RIGHT-OF-WAY UNE IlOSS ROAD. AND SOUTH RIGHT-OF-WAY UNE OF 5.R. .3. W C ~~ ~ ~~ ~ ji :l~ a1~ ~e '" <'" li;u O~ u... z '" '" ... ~ '" ~ i ~~ EXHIBIT B PAGE 2 OF 2 STATE ROAD 434 ~ SQJ'43' 41"[ 10.00' ;... .. ..; '" .... lo.I . CO ~ .... o z CS-5.88"56'1S.W. . R-1580.00' L-147.OS' HACIENDA VILlAGE CA-5'20'OO. HENRICH-LUKE & SWAGGERTY, LLC surveyors ct mappers ~ 250 S. Ronold Reagan Boulevord Suite 114 Longwood. Ronoo 32750 & (407) 647-7346 FAX (407) 647-8097 Licensed Business No. 7276 SEE PAGE 1 OF 2 FOR DESCRIPTION .q- .., .q- o <( o c::: ~ tit ~ I.I!. ~ N . I"'l w_ 1--0 <(W ~~ Lo...Vl O~ W........ Z . :::dJJ >-~ ~i-) wN J:Co I--CX) 6ui VlLo... o <iiO ~~ Ci~ <(w ~CO Lo...<( 00 VlZ Vi> ~l <( <( I~ CO J: N UI o a SCALE: 1"= 60' OJ Mark I. Luke Professional Surveyor and Mapper Florida License No. 5006 THIS IS NOT A SURVEY DA TE PREPARED: 8-5-05 This survey map or copies thereof are not "alid without the sicnature and the orilinal raised seal of a Florida Ucenaed Surveyor and Mapper.