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
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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
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CITY OF WINTER SPRINGS (GRANTEE)
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/ 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
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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.
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EXHIBIT B
PAGE 2 OF 2
STATE ROAD 434
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HACIENDA VILlAGE
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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
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SCALE:
1"= 60'
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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.