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HomeMy WebLinkAboutBoard of Trustees of the Internal Improvement Trust Fund of the State of Florida- 2007 06 25 1111111 iilll III II 1111111111111 111111111111111 8111 111111 IlIi MARYANNE MORSE, CLERK OF CIRCUIT COURT SEMINOLE COUNTY BK 06748 Pgs 1407 - 14161 (10pgs) ~1 CLERK'S ~ 2007098074 RECORDED 07/05/2007 11119120 AM BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT DEED DOC TAX 0.70 TRUST FUND OF THE STATE OF FLORIDA RECORDING FEES 86.58 RECORDED BY H D.Vort EASEMENT Easement Number 31696 1 \" -l k day of \, .BX. -<::-_ DEPUTY CLE-_-RK-- THIS EASEMENT, made and entered into this ~~ ~ ~'\ 20 JD., between the BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUN;;JUl 0 f ?nC7 OF THE STATE OF FLORIDA, acting pursuant to its authority set forth in Section 253.03, Florida Statutes, hereinafter referred to as "GRANTOR", and the CITY OF WINTER SPRINGS, FLORIDA, hereinafter referred to as "GRANTEE". WHEREAS, GRANTOR is the owner of the hereinafter described real property, which is managed by the state of Florida Department of Environmental Protection, Office of Greenways and Trails, under Lease Number 4147; and WHEREAS, GRANTEE desires an easement across the hereinafter described real property for maintenance of a wastewater forcemain and WHEREAS, the managing agency has agreed to the proposed use of this land under this instrument. NOW THEREFORE, GRANTOR, for and in consideration of mutual covenants and agreements hereinafter contained, has granted, and by these presents does grant unto GRANTEE, a non-exclusive easement across the following described real property in Seminole County, Florida, to-wit: (See Exhibi t "A" Attached) subject to the following terms and conditions: 1. DELEGATIONS OF AUTHORITY: GRANTOR'S responsibilities and obligations herein shall be exercised by the Division of State Lands, State of Florida Department of Environmental Protection. 2. TERM: The term of this easement shall be for a period of fifty years commencing on Jv. h. e d.. S) J.OO, and ending on ~ \.\.~e '). '1) 'd-oS 7 with no option for renewal, unless sooner terminated pursuant to the provisions of this easement. 3. USE OF PROPERTY AND UNDUE WASTE: This easement shall be limited to the maintenance of a wastewater forcemain upon and across the property described in Exhibit "A" during the term of this easement. This easement shall be non- exclusive. GRANTOR retains the right to engage in any activities on, over, across or below the easement area which do not unreasonably interfere with GRANTEE'S exercise of this easement and further retains the right to grant compatible uses to third parties during the term of this easement. GRANTEE shall dispose of, to the satisfaction of GRANTOR, all brush and refuse resulting from the clearing of the land for the uses authorized hereunder. If timber is removed in connection with clearing this easement, the net proceeds derived from the sale of such timber shall accrue to GRANTOR. GRANTEE shall take all reasonable precautions to control soil erosion and to prevent any other degradation of the real property described in Exhibit "A" during the term of this easement. GRANTEE shall not remove water from any source on this easement including, but not limited to, a watercourse, reservoir, spring, or well, without the prior written approval of GRANTOR. GRANTEE shall clear, remove and pick up all debris including, but not limited to, containers, papers, discarded tools and trash foreign to the work locations and dispose of the same in a satisfactory manner as to leave the work locations clean and free of any such debris. GRANTEE, its agents, successors, or assigns, shall not dispose of any contaminants including but not limited to, hazardous or toxic substances, petroleum, fuel oil, or petroleum by-products, chemicals or other agents produced or used in GRANTEE'S operations, on this easement or on any adjacent state land or in any manner not permitted by law. GRANTEE shall be liable for all costs associated with any cleanup of the subject property which is a result of GRANTEE'S operations and use of the subject property. Upon termination or expiration of this easement GRANTEE shall restore the lands over which this easement is granted to substantially the same condition as existed on the effective date of this easement. GRANTEE agrees that upon termination of this easement all authorization granted hereunder shall cease and terminate. If the lands described in Exhibit "A" are under lease to another agency, GRANTEE shall obtain the consent of such agency prior to engaging in any use of the real property authorized herein. 4. ASSIGNMENT: This easement shall not be assigned in whole or in part without the prior written consent of GRANTOR. Any assignment made either in whole or in part without the prior written consent of GRANTOR shall be void and without legal effect. 5. RIGHT OF INSPECTION: GRANTOR or its duly authorized agents, representatives or employees shall have the right at any and all times to inspect this easement and the works of GRANTEE in any matter pertaining to this easement. Page 2 of 10 Easement No. 31696 R05/16/07 6. NON-DISCRIMINATION: GRANTEE shall not discriminate against any individual because of that individual's race, color, religion, sex, national origin, age, handicaps, or marital status with respect to any activity occurring within this easement or upon lands adjacent to and used as an adjunct of this easement. 7. LIABILITY: Each party is responsible for all personal injury and property damage attributable to the negligent acts or omissions of that party and the officers, employees and agents thereof. Nothing herein shall be construed as an indemnity or a waiver of sovereign immunity enjoyed by any party hereto, as provided in Section 768.28, Florida Statutes, as amended from time to time, or any other law providing limitations on claims. 8. COMPLIANCE WITH LAWS: GRANTEE agrees that this easement is contingent upon and subject to GRANTEE obtaining all applicable permits and complying with all applicable permits, regulations, ordinances, rules, and laws of the state ~f Florida or the United States or of any political subdivision or agency of either. 9. ARCHAEOLOGICAL AND HISTORIC SITES: Execution of this easement in no way affects any of the parties' obligations pursuant to Chapter 267, Florida statutes. The collection of artifacts or the disturbance of archaeological and historic sites on state-owned lands is prohibited unless prior authorization has been obtained from the State of Florida Department of state, Division of Historical Resources. 10. PROHIBITIONS AGAINST LIENS OR OTHER ENCUMBRANCES: Fee title to the lands underlying this easement is held by GRANTOR. GRANTEE shall not do or permit anything to be done which purports to create a lien or encumbrance of any nature against the real property of GRANTOR including, but not limited to, mortgages or construction liens against the real property described in Exhibit ~A" or against any interest of GRANTOR therein. 11. PARTIAL INVALIDITY: If any term, covenant, condition or provision of this easement shall be ruled by a court of competent jurisdiction to be invalid, void, or unenforceable, the remainder shall remain in full force and effect and shall in no way be affected, impaired or invalidated. 12. SOVEREIGNTY SUBMERGED LANDS: This easement does not authorize the use of any lands located waterward of the mean or ordinary high water line of any lake, river, stream, creek, bay, estuary, or other water body or the waters or the air space thereabove. Page 3 of 10 Easement No. 31696 R05/16/07 13. ENTIRE UNDERSTANDING: This easement sets forth the entire understanding between the parties and shall only be amended with the prior written approval of GRANTOR. 14. TIME: Time is expressly declared to be of the essence of this easement. 15. RIGHT OF AUDIT: GRANTEE shall make available to GRANTOR all financial and other records relating to this easement and GRANTOR shall have the right to audit such records at any reasonable time during the term of this easement. This right shall be continuous until this easement expires or is terminated. This easement may be terminated by GRANTOR should GRANTEE fail to allow public access to all documentsl papers I letters or other materials made or received in conjunction with this easement, pursuant to Chapter 1191 Florida Statutes. 16. PAYMENT OF TAXES AND ASSESSMENTS: GRANTEE shall assume full responsibility for and shall pay all liabilities that accrue to the easement area or to the improvements thereon including any and all drainage and special assessments or taxes of every kind and all mechanic's or materialman's liens which may be hereafter lawfully assessed and levied against this easement. 17. AUTOMATIC REVERSION: This easement is subject to an automatic termination and reversion to GRANTOR whenl in the opinion of GRANTOR I this easement is not used for the purposes outlined herein, and any costs or expenses arising out of the implementation of this clause shall be borne completely, wholly and entirely by GRANTEE, including attorneys' fees. lB. RECORDING OF EASEMENT: The GRANTEE, at its own expense, shall record this fully executed easement in its entirety in the public records of the county within which the easement site is located within fourteen days after receipt, and shall provide to the GRANTOR within ten days following the recordation a copy of the recorded easement in its entirety which contains the O.R. Book and Pages at which the easement is recorded. Failure to comply with this paragraph shall constitute grounds for immediate termination of this easement agreement at the option of the GRANTOR. 19. GOVERNING LAW: This easement shall be governed by and interpreted according to the laws of the State of Florida. Page 4 of 10 Easement No. 31696 R05116/07 20. SECTION CAPTIONS: Articles, subsections and other captions contained in this easement are for reference purposes only and are in no way intended to describe, interpret, define or limit the scope, extent or intent of this easement or any provisions thereof. Page 5 ofl 0 Easement No. 31696 R05116/07 IN WITNESS WHEREOF, the parties have caused this easement to be executed the day and year first above written. wJ!ess ~ . (j.OV'\ <i ( C\ dK. Print/Type Witness Name BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND OF THE STATE OF FLORIDA By: ~C. ~b.oA. (SEAL) GLORIA C. BARBER, OPERATIONS AND MANAGEMENT CONSULTANT MANAGER, BUREAU OF PUBLIC LAND ADMINISTRATION, DIVISION OF STATE LANDS, STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION "GRANTOR" STATE OF FLORIDA COUNTY OF LEON __- The foregoing instrument was acknowledged before me this /.~st~ day of \.}\..\ne. , 200;1, by Gloria C. Barber, Operations and Management Consultant Manager, Bureau of Public Land Administration, Division of State Lands, State of Florida Department of Environmental Protection, acting as agent on behalf of the Board of Trustees of the Internal Improvement Trust Fund of the State of Florida. She is personally known to me. - Cl rI;{/~ of Florida Print/Type Notary Name o....r-Jf~y PU6'(.-: Sylvia S. Roberts ~ . ~ Commission # DD468884 "'4 ff Expires September 6, 2009 1;- Of f\-a:' Bonded Troy Fa," . Insurance, Ine 800-385-7019 Commission Number: Commission Expires: By: DE Page 6 of 10 Easement No. 31696 R05/16/07 City of Winter Springs, Florida ~~ Wi tness l r. ~ V-r'\ F,' e 0-) Print/Type Name !.Ii tne~s r~_~ L By: ~#t)~ / Ronald W. McLemore Print/Type Name Title: City Manager l/l~l-.'I<A (lH'i:::; 2/ pr'nt/Type Name "GRANTEE" STATE OF FWRIDA COUNTY OF .')<lm.nole .-- The foregoing instrument was acknowledged before me this ~ day of <Ju \1. f 2007, by Ronald W. McLemore, City Manager of the City of Winter Springs, Florida, on behalf of the City of Winter Sings, Fl ida: He is personally known to me. /' ,.- Florida "'O~~~~~ "(Jet<", . . ~- '.,3 "'.It o~ or!" Nolary Public Stale of Flonda Nun K Gibbs My CommisSion DD545099 Explre:,,06/12/2010 =::=S~==-- .--b1lfi(1 \(. G- i l) b; Print/Type Notary Name Commission Number: 00 Slt500C, Commission Expires: ~ II). I~o i 0 Page 7 of 10 Easement No. 31696 R05/16/07 ~ .' :- 'r r,f~' Ixhibit "A" LEGAL DESCRIPTION OF T"JE EASEMENT r She.t 1 of J Sketch & Descri"ption V"~L' Property DescrIption A strip of land being a poftlon of the .fO.OO 'foot wide CS)( Rollroadrlght of way, lying adjacent to Lot 19, Block "B" 'of O.R. MITCHELL'S SURVEY 'oF THE LEVY CRANT 'oN LAKE JESSUP according to the plat thereof as recorded In Plot Book 1, Page 5 of the Public Records of Seminole County, Florida being more particularly described as follows: COMMENCE at the Southeast corner of Lot 14, Block "B" of sold O.R. MITCHELL'S, SURVEY 'oF THE LEVY GRANT 'oN LAKE JESSUP; thence 'run, North 18....3.23.. East along thel EosterlyHn@ of said Lot 14. for 0 distance of 10.20 feet; thence run North 71"52'32" West. for a distance of $17.23 fee~; thence run North 68.3....4'0.. West. for a distance of 77.33 feet; thence run North 72''04'33'' West. for a distance of 84'0.57 feet; thence run South 63''02'56'' West. for a distanGe of 71.29 feet to a point on the Northerly right of, way line "of CSX Railroad being thC! PDINT 'oF BEGINNING; thence departing sold Northerly Tight of way line run South 6S'o2'56 ~est. tor a ctlstonce of 64.46; thence run South 26'57''04'' East. for a dllltonce of 8.1'0 feet to a point on a non~tongent curve concaVe Southwesterly having 0 radius of 934.9B feet; thence from 0 tangent bearing of North 87.42''0'0'' West run Westerly along the ore of sold curve for 0 distance of 17.11 f~etthrough a central angle of 01"02'54 to 0 point; thence run 'North. 26'57'04-" West. for a distance of H.88 feet; thence run North 63.02156" East tor 13 distance of 5-4-.96 feet to Q point Oil said Northerly right of way' line of CSX Railroad (q ",,0.00 foot wide right ,of way) saki point being on a non,...tangent curvo concave Southwesterly having a radius at 97-4-.f,lB feet; thence tram a tangent beQrlng of South 8619'06" Ea6t run Easterly along the arc of sold curve for a dhitance 'pf 28.73 teet through 0 central angle of 01'4-1'18" to the POINT 'oF BEGINNING. Subject property contains 1,'070 square feet or '0.025 acres more or less. lotes . . Thl5 15' not 0 survey. Bearings sh w h b d " 111,,\1111111//. ' o n oreon arc, ase on the' EQstorly line of Lot 14- Block B b I ; \111 r;~.. '~~4 ' ,,' e ng ali1sum~dl'>t1stNdJ1trJ'~ B~:231' East this sketoh Is not valid without ~he slgnaturo and the original raised 80al of a Florida J("e~~Ii;;\{L;"':;:;' . '--. . " ". . 1'.Y rve,,..:!"-. ~bl~ mapper. Benchmark Surveyfng & MappIng, Consultants, Inc. ~, Certificate of Authorl~(JtJon Number '- 1a 6796 Post 'office Bo)( 7711)65, Winter Gorden,' Florida 34777-1005 557 West Plant Street~ Winter Garden, FlorIda 34787 ' (407) ~54-6183 FOle (4'07) ti5<f.-618<f. ' ' 48B02UE2 Project ,. 02/15/05 '., Dote E.xhibitA Page 8 of 10 Easement 31696 . .:- --.' \. .',., 1~~1' .-";0... ., Sheet 2 of 3 Sketch & Description Lot 13, Block B Scale 1" = 100' O.R. UITCHEU.'s SUR\tEY Of TIlE LEVY GRANT ON UKE JESSUP I~ .c u I~ I -I PL\T i J.PA'" , . Lot 1~, BlockS / / 840-Sr ~'03b:--- ~ OV,c- l1t 155-:::-- I . ------ <..RALL 9.69' - I I I Lot 20, Block B North - _____ C Of C erlYR /I . S. V . '. S'x R. ,. l1t I/ne . - _ /\ n __ OJ/roOd ~I (.LJ IL /::) "'"'- /oJ "7", . LAJ(F c 10.00~ _I ,OlA D~." . 5.23<.... 'ftA.RAI &: 'r1GHr OF- -'I. '(I . ~A./oJCH R. l1tA ~ 'AIL Co _ / . 'RIIIDOI/ ~ ~ ~ ~ All. lltrC/J 'ELL'S SUIi\.ty . .OF lilt . A ON 4/(E ot"Ssup lEvy Gil-1Nr l..4 r Boo/( " P-4Gc S . Eoaterly line ot ~ot H, Block B ~ .S; k 1<). .CV ~ I<) ,~. .'1- ~, ~K! l/.l Lol 21, Block B ~<~ Point of commencemfLn Southeast corner of Lot 14, Block B of D.R. MITCHELL'S SURVEY OF TI-lE LEVY GRANT ON lAKE JESSUP . evlslons 111/05 - Revised sketch and d~scr/ptlon Benchmark Surveyfng. & MappIng Consultants, Inc. ~ CerUflcate of Authorization Number' - LB 6796 Post OfflGe Box 771065,Wlnter Gard~n, Florida 34777-1065 557 Wast Plant Street, Winter Garden, FlorIda 34787 (407) 654...,..6183 Fax (407) 654-6184 46602UE2 Project I legend · - denotes change In d/reotlon 02/15/05 Dato R/W - denotes Right of Way Exhibit A Page 9 of 10 Easement 31696 . v:. ..' . '. ~, (t~ ~ Sheet 3 of 3 Sketch & D~scription . lot 12, Plock P Lot 11, Block B Scale 1" = 100' . D.R. LlITCHELL'S SURVEY Of lHE LEVY GRAHT ON LAKE JESSUP PLAT POOK " PA.GE 5 / North . Of erly R CSX ROi'/W line rooa lot 13. Block B N 7 . :2b""J: .. -- ,} I" -~SX~ L.oke Ch~ _L!]OAD QrltJ 8. g/j t 0 f W. ---:=:t l.:.../ . rQl)ch R, Qy .~ all C . orNr' lot 19. Block B . "or I .~ I :c ~ I . --- N7:2:J . 2'o.}.. - 0 IV 15 ~ ~ 59.89' '- - . LINE L1 L2 L3 L4 L5 . lJ . -Ii. J/nr' II:> "IJ'-L{ :s SUJi'Lty OF'" ON l.1KE' n,c lEVy Pl.1r ~SSUP GJi'-1Nr BOOl( . '. PA 'lGE S lot 20, Block B --,- I I I CURVE C3 C4 Bf;lnchm(lrk SUJiveylng & Mapping Consultants. Inc. Certificate of AuthorIzation Number - LB 6796 Post Qfflce Box 771065, Winter Gorden, FlorIda 3+777-1065 557 West Plant ~tre8t, Winter Garden, florida 34787 . (407) 654-~lBJ. fax (407) 65-4-6184 46602UE2 Project , Legend 02/15/05 Date :. - danotes change In direction R/W ,... denotes RIght of Way . T.B. - denotes Tangent Bearing Exhibit A Page 10 of 10 Easement 31696