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HomeMy WebLinkAboutFlorida Land Co.-Utility Easement- 1986 03 27 -" I-l o .-1' .-1C1l.-1 CIl>O 0<00 ~ N IllCllM 6~~ . I-l ~o .. o '0.-0 .-1 CI:l ~ III III I-l Lrl .-1 CIl Lrl I-l ~N 0 .. :>-t pQ Q ~ ~ p., ~ ~ p., CI:l ~ E-4 Z ~ E-4 CI:l Z H CI:l H ~ E-4 ,- UTILITY EASEMENT THIS INDENTURE MADE THE 27th day of ',1ARCH ,A.D., 1986 between FLORIDA LAND CO.. GRANTOR, and CITY OF WINTER SPRTNr.S , GRANTEE. Wl~N~~S~~H, that the GRANTOR in consideration of the sum of $10.00 and other good and valuable considerations paid by the GRANTEE, the receipt whereof is hereby acknowledged, does hereby give and grant to the CRANTEE and its successors and assigns, an easement for water and sewer mains, with authority to enter upon, construct, maintain and operate such water and sewer mains across, und~r and upon the following described lands situated 1n SEMINOLE County, Florida. subject to any previous granted easements. to-wit: The property as described on Exhibit A attached hereto. TO HAVE AND TO HOLD said easement unto the said GRANTEE and its assigns forever. THE GRANTEE herein and its Huccessors a~d assigns shall have the right to clear and keep clear trees, undergrowth and other obstructions that interfere with operation or maintenance of the water and sewer mains constructed by the said CI~TEE and its successors and assigns. GRANTEE shall replace any grass, trees, shrubs, or other plant material. and any disturbed paving, fences, irrigation lines or any other normal improvements which do not interfere with the operation of the water and sower mains. if said plant materials or paving imp~vement8 are damaged by GRANTEE or its successors and assigns in the act of constru~tion, maintenance, or operation of the water and sewer mains, constructed thereon. The CRANTOR and its successors and assigns agree not to build, construct or create, nor permit others to build. construct or create any buildings or other structure on the herein granted right-of-way that interfere with the operation or maintenance of the water and sewer mains installed thereon. GRANTOR or its assigns shall have the right to install grass, trees. shrubs or other plant materials and any paving, fences, irrigation lines or any other normal improvements as GRANTOR deems desirable provided that said plant materials or improvements do not interfere with the operation or maintenance of the water and sewer mains installed thereon. GRANTOR or its assigns may also utilize the'easement for any purpose which does not interfere with the operation or maintenance of the water and sewer ~ains installed thereon. IN WITNESS WHEREOF, the said GRANTOR has caused these presents to be signed in its name by its Representative on the date and year first above written. Signed,' ~ea led ~ 11'le1"~. 1n z;ence . ',~ ) '2 /' / ' / I ~ _"' . ~.-,. ." STATE OF FLORIDA COUNTY OF s..~M ;\1\.1'"'> le I HEREBY CERTIFY that on this day personally appeared before me, an officer fully authorized to administer oaths and take acknowledgements, JAMES L. HARRIS , as EXECUTIVE VICE PRESIDENT of FLORIDA LAND COMPANY and he acknowledged before me that he executed the foregoing document ~s such officer of said corporation and he acknowledged before me that he executed the same freely and voluntarily for the purposes therein expressed. WITNESS my hand and official seal this 27th day of '~RCH ,l9~ . DT.nv PU3L!C STATE OF fLC~I~~ MY CGN~rSS1CN EX? JCL 13,:9aa BONDED THRU GENERAL INS. U!lU. ... 2/15/84 . . .... ... "" . PAGE 2 OF 2 EXHIBIT A Legal Description: of a 20.00 foot utility easement: That portion of "North Orlando Ranches, Section Twelve" as recorded in Plat Book 13, Pages 24-25, of the Public Records of Seminole County, Florida, being more particularly described as follows: For a point of reference commence at the Southeast corner of the Highlands Section Seven and Eight, as recorded in Plat Book 25, Pages 16 and 17, Public Records of Seminole County, Florida said point also being on the Westerly boundary line of Oviedo Farms as recorded in Plat Book 6, Page 86, Public Records of Seminole County, Florida; thence run S.00054'58''E. along said Westerly boundary line of Oviedo Farms and the East boundary of. the aforementioned plat of North Orlando Ranches section twelve 953.62 feet; thence S.89005'00"W. 833.05 feet for a Point of Beginning of a 20.00 foot utility easement lying 10.00 feet left and 10.00 feet right of the following described centerline; run thence S.0503l'44"E. 40.90 feet to the Easterly boundary line of the Highlands Section Two and the point of termination of this description. Containing 0.0188 acres, more or less. ) :. . u`r' Lt ~~ ~` ) ~i I F~ : ;~ MAR 31 1986 CITY of WINTER SPRINGS CIiY MANAGER ~' ~lO.~~I7/~w'/~Li~~~2lA~EZ%/ir~1/ ~,I~.~,~,SON10rafl~[Oll/ ~,l rv~ai JAMES E. ALDERMAN SUITE 1100 SILVIA MORELL ALDERMAN 135 WEST CENTRAL BOULEVARD FREDERICK L. BATE MAN, JR. POST OFFICE BOX 640 EDMUND T. BAXA.JR. ORLANDO, FLORIDA 32802-0640 DANIEL O. BRAD LEV• 1305) 426-3939 J EAN ELLE G. BRONSON PAUL F. BRYAN JAMES A. BURT -. DWIGHT I. COOL MARGUERITE H. DAVIS CHARLES R. GEORGE III EDWARD E. HADDOC K.JR. MITCHELL B. HAIGLER JANE C. HAYMAN ROBERT A.HENDERSON ELIZABETH CROFT JEW ETT ALLAN J. KATZ CM RISTO PM ER K. KAY FRANK C.KRUPPENBACHER EDWARD L. KUTTER THOMAS F. LANG •ADMITTED IN ONTO AND GEORGIA ONLY Ceti p ~~~ ~Ir q~u,L Su 5~~4-w~c-~• //l ~i n i_...f -- -- ~~'~ _. r SUITE 800 BARNETT BANK BUILDING 31S SOUTH CALHOUN STREET TALLAHASSEE, FLORIDA 32301 (9041 224.9634 TELEX 33-3627 20 0 SEMINOLE STREET POST OFFICE BOX 538 SUITE 30i STUART, FLORIDA 33495 III ORANGE AVENUE (305) 287-8822 FT PIERCE, FLORIDA 33450 (3 051 466-9119 REPLY TO~ ORLANDO March 28, 1986 PETER G. LATMAM ROBERT R. MAKEMSON JAMES H. MtCARTY, JR. JOSEPH R. PAN2L ROBERT A. SAVILL DAVID N. SOWER BY ROBERT P. SUMMERS RICHARD R. SWANN STEPHEN E. THOMPSON MARTIN B. UNGER MARK S. WALKER JAMES G. WILLARD OF COUNSEL: EDWARD S. JAPERY DAVID C. LATHAM PATRICK F. MARONEY PERVIE P. SWANN (IB9b-1984) Mr. Richard Rozansky City Manager 1126 East State Road 434 Winter Springs, Florida 32708 Re: Possible Well Field Sites in Foxmoor and North Orlando Terrace Dear Dick: At your request, we have confirmed that Florida Land is the owner in fee under the drainage easement of the parcels in Foxmoor and North Orlando Terrace on which you wish to construct well fields for the utility. Although Florida Land does possess the apparent capacity to transfer the land to the City, an argument can be made that any development of the subject property must receive prior approval of the Community Appearance Committee in Foxmoor and the committee selected for this purpose by the owners of a majority of the lots in North Orlando Terrace. It is our recommendation that the easiest way to avoid any dispute in this matter as to whether the committees have any jurisdiction is to have the members of the committees consent to the conveyance, understanding that the purpose of the con- veyance is for the establishment of well fields and to have them waive their right to object to construction on the property. ,~ .~ , ~~~~~ Mr. Richard Rozansky March 28, 1986 Page Two If you are unable to obtain a consent, we r-ecommend that you consider beginning condemnation proceedings to eliminate whatever rights, if any, the homeowners may have. If you have any questions, please contact me. Very tru yours, \~ Y Thomas's Lang TFL/tp cc: Mr. Terry Zaudtke FLORIDA LAN D COMPANY ~~ February 9, 1987 // Mary T. Norton, City Clerk City of Winter Springs 1126 East State Road 434 Winter Springs, FL 32708 Re: Quit Claim Deed - Water Well Field Dear Mrs. Norton: This is to acknowledge receipt of ypur letters dated 1/23/87 and 2/3/87 concerning the above. We have reviewed these letters and the documents attached thereto. Please consider this our concurrence to the minor crianges made to the legal descriptions and the recording of the Quit Claim Deed. If we may be of further assistance please advise. It is a pleasure working with you on this matter. We shall look forward to enjoying a continued good working relationship and spirit of cooperation with the City in all of our mutual endeavors. Si cerely, Gerald L. Chancellor Vice President sll cc: Dick Rozansky, City Manager Tom Lang, Esquire FLORIDA LAND COMPANY CNA TOWER, SUITE 900 255 SOUTH ORANGE AVENUE ORLANDO, FLORIDA 32801 305-422-2266 ~ ~.~ .- ..:r _ . ~ -, ,~: -. ~ ~ ~. CITY OF WINTER ~PRINaS 1312 2 ruNO - b .~` +~. s~.ar•~Ifoo q ~~ 11~ i:A. 4101414 ~~ ~` ~ ~ ~M WINTER SPRiNiiS. FLORiDA;82708 4~ Feb. 12 ~0~7 ~y RRANTY ~-- , ~ *18.00 apoeMia Clerk of the Circuit Court -Recording Office .,,,w, Q, ., w,___ ___--__~_ ~y~ x•0013 i 2 2r ~+:0 6 3 L0 50 2 3~~ 0 2 ~ 50000 f, 4~• , w-w•Y..~Yw~ M.M. +V~ DETACFI AlIIO ItRTA11~ TNIf STATEMENT ~ ~ i ~ ~ ~'~ ~` ~`' TMt ATTACMtD CXtCK If IN MYM[NT OF ITtMR O[rCRiRtp u~,pry, p ~pT CORRtCT rltAt[ NOTIIY Yi YROMhTLY. NO RtCtIRp<f1Rtp, `- ~ i CITY. OF WINTER SP11IN08 • GENERAL FUND DATE DEBCRtPT10N :; A-IrlOUNT Z/l2/8 .Recording Quick Claim Deed ~ Utility Easements ~,o ,... 12-49.5 ~~~.~ -- ~.,. , a.~ ~~_ _ _ ~.._ . _ . ~ - __ - ~~ . ... ..~_~ ~Y11NTE,q' F,~~'d~ .~'"'°'' ~< ~~ , , CITY OF WINTER SPRINGS, FLORIDA ~V ' ~ ; • - 1126 STATE ROAD 434 ~+r ~` mo,,,,,,,,~~'" WINTER SPRINGS, FLORIDA 32708 ?~'~~ ,`~'; - ` ~ Telephone (305) 327-1800 January 23, 1987 Mr. James L. Harris Executive Vice President Florida Land Company CNA Tower, Suite 900 255 S. Orange Ave. Orlando, FL 32801 Dear Mr. Harris: Enclosed please find copy of a Quit-Claim Deed from your Company to the City for purposes of a well field. I understand Exhibit "A" is a corrected legal description. Upon your review and your concurrence, the City will proceed to record the Deed. If there is any further information you may need, please call this office. Yours very truly, CITY OF WINTER SPRINGS ~-~~ i J~_ Mary T. Norton, City Clerk Enc. 1 cc: City Manager ~td,~o~,airu~i ~~~za~~vc~ JAMES E.ALD ERMAN SUITE 1100 SILVIAMORELL ALDERMAN 135 WEST CENTRAL BOULEVARD RAN DAL M. ALLIGOOD POST OFFICE BOX 640 FREDERICK L.BATE MAN,JR. ORLAN DO, FLORIDA 32802-0640 EDMUND T. BAXA,JR. (305)425-3939 ' DANIEL O. BRADLEYw JEANELLE G. BRONSON PAUL F. BRYAN JAMES A.BURT DWIGHT I. COOL MAROU ERITE H. DAVIS MARTIN R. DIX CHARLES R.GEORGE III EDWARD E.HADDOCK,JR. MITGH ELL B. HAIG LER JANE C. HAYMAN ROBERT A.HENDERSON ALLAN J. KATZ CHRISTOPHER K. KAY FRANK C. KRUPPENBACHER EDWARD L. KUTTER THOMAS F. LANG wADMITTED IN OHIO AND GEORGIA ONLY SUITE 800 BARNETT BANK BUILDING 315 SOUTH CALH OUN STREET TALLAHASSEE, FLORIDA 32301 (9 041 224-9 6 34 TELEX 33-3627 PETER O. LATHAM RICHARD P. LEE ROBERT R. MAKEM SON JAMES H. McCARTY, JR. JOSEPH R. PANZL ROBERT A. SAVILL DAVID N. SOW ER BY ROBERT P. SUMMERS RICHARD R.SWANN STEPHEN E. THOM PEON MARK S. WALKER JAMES G. WILLARD LETITIA E. WOOD 200 SEMINOLE STREET POST OFFICE BOX 538 SOUTHEAST BANK BUILDING STUART, FLORIDA 33495 300 SOUTH 6TH STREET (305) 287-8622 FT. PIERCE, FLORIDA 33450 (305) 466-9119 REPLY TO: ORLANDO April 30, 1986 Mr. Richard Rozansky City Manager City of Winter Springs 1126 East State Road 434 Winter Springs, Florida 32708 OF COUNSEL: EDWARD S.JAFFRY DAVID C. LATHAM PATRICK F. MARONEV PERVIE P. SWANN (1895-1984) Re: Utility Easement/Quit-Claim Deed--(Water Well Location) Dear Dick: Pursuant to your request I have reviewed the Quit-Claim Deed to you from Florida Land of the two parcels you wish to acquire for well fields. The deeds appear to be in order, however, we noted typograph- ical errors in both legal descriptions attached to the deed. We have prepared, for your convenience, corrected versions of the legal descriptions. ----a~,. At this time, since the deed has not been recorded, all that is necessary to assure a proper transfer of title is for you to notify Florida Land of the change in the legal descriptions and then record the deed after receiving Florida Land's permission and sign-off. -~.In addition, we have reviewed the easement which you submitted to us. After talking with Terry Zaudtke, we understand that the easement is to maintain the force main to the Dayron ponds. At this time, and without verifying the legal description, the easement appears to be in order. Cc~s •. I~sw s cpH . Z•w~ ~~6~"~~0 ~ '' is Ta .~4- " ' ~ ~,~, CITY of WINTER SPRINGS l~` ~ ~-~ nr~- . Mr. Richard Rozansky April 28, 1986 Page Two If you have any questions concerning these matters, please contact me. Sin erely, Th TFL/dg enclosures cc: Terry Zaudtke (with enclosures)