HomeMy WebLinkAboutBoard of Trustees of the Internal Improvement Trust Fund of the State of Florida- 2002 10 03
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MARYANNE MORSE, CLERK OF CIRCUIT COURT
SEMlNOU COUNTY
BK 04570 PG 1884
CLERK'S # 2002963274
R.:COROED 10Je4/C002 02:20:~8 ~II'I
DEED DOt TAX 0.70
I~RO~N~tCORDING FEES 42.00
FLORIDA RECOkDE D BY G Harford
NOV 0 1 2002
OAE1
........
BOARD OF TRUSTEE:S-rOF'-THE INTERNAL
TRUST FUND OF THE STATE OF
~ORARY EASEMENT
CITY OF WINTER SPRINGS
Temporary Easement Number 30949
THIS INDENTURE, made and entered into this ~clday of ~~
2~between the BOARD OF TRUSTEES OF THE INTERNAL I~RO~NT TRUST FUND 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, hereinafter referred to as "GRANTEE".
WHEREAS, GRANTOR is the owner of the hereinafter described real
property, which is managed by the FLORIDA DEPARTMENT OF ENVIRONMENTAL
PROTECTION, OFFICE OF GREENWAYS AND TRAILS under Lease Number 4147; and
WHEREAS, GRANTEE desires a temporary easement across the hereinafter
described real property for a temporary access road; 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, a non-exclusive temporary easement unto GRANTEE over and across the
following described real property in Seminole County, Florida, to-wit:
(See Exhibit "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, Department of
Environmental Protection.
2. TERM: The term of this temporary easement shall be for a period of two
years, commencing on
10- 3... 02-
and ending on
If:).,. z" 1)'1-
unless sooner terminated pursuant to the provisions of this easement.
3. USE OF PROPERTY AND UNDUE WASTE: This easement shall be limited to the
construction of a temporary access road to be used during the installation of
the gravity sanitary sewer line, water main line, and stormwater drainage
culvert authorized under Easement No. 30948 to the City of Winter Springs,
located upon and across the property described in Exhibit "A" during the term
of this easement. GRANTEE shall restore the temporary access road to match
existing conditions after installation of the gravity sanitary sewer line,
"
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,
FILE NUM 2002963274
OR BOOK 04570 PAGE 1885
water main line, and stormwater drainage culvert.
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
Page 2 of 9 Pages
Temporary Easement No. 30949
R/8/2001
FILE NUM 2002963274
OR BOOK 04570 PAGE 1886
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.
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 qontingent
upon and subject to GRANTEE obtaining all applicable permits and complying
with all applicable permits, regulations, ordinances, rules, and laws of the
State of 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 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.
Page 3 of 9 Pages
Temporary Easement No. 30949
R/8/2001
FILE NOM 2002963274
OR BOOK 04570 PAGE 1887
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.
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 documents, papers, letters or other materials made or received
in conjunction with this easement, pursuant to Chapter 119, 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 when, in the opinion of GRANTOR, 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.
18. 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
Page 4 of 9 Pages
Temporary Easement No. 30949
R/8/2001
FILE NUM 2002963274
OR BOOK 04570 PAGE 1888
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.
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 of 9 Pages
Temporary Easement No. 30949
R/8/2001
FILE NUM 2002963274
OR BOOK 04570 PAGE 1889
IN WITNESS WHEREOF, the parties have caused this easement to
be executed the day and year first above written.
BOARD OF TRUSTEES OF THE INTERNAL
IMPROVEMENT TRUST FUND OF THE
STATE OF FLORIDA
By:
.~a.~EAL)
GLORIA C. NELSON, OPERATIONS
AND MANAGEMENT CONSULTANT
MANAGER, BUREAU OF PUBLIC LAND
ADMINISTRATION, DIVISION OF
STATE LANDS, DEPARTMENT OF
ENVIRONMENTAL PROTECTION
"GRANTOR"
STATE OF FLORIDA
COUNTY OF LEON
~Oing instrument was acknowledged before me this 3r c:J day of
'-'1 , 2~~by Gloria C. Nelson, Operations and Management
Consultant Manager, Bureau of Public Land Administration, Division of State
Lands, Florida Department of Environmental Protection, acting as an 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.
c
~
Notary Public, State
Print/Type
Notary Name
...~~ Diane C. Rogowski
,.i~A'1l~~ MYCOMMISSION# 00113320 EXPIRES
~ " May 24, 2006
-1,;r.... o;..W BONDED TliIllJ TROY FAIN 1NSUAANCf,1NC.
,RruH\
Expires:
Commission
Commission
Approvo~orm
By: r/........
DEP Attorney
an~ty
Page 6 of 9 Pages
Temporary Easement No. 30949
R/8/2001
FILE NUM 2002963274
OR BOOK 04570 PAGE 1890
,.........'"
CITY OF WINTER
By Its Cit
r
~~'a
Witness
..)
By:
ce
Paul P. Partyka
Print/Type Name
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Print/Type
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tness
:S-o.n 1 c~ ~~ \\0. III ~l>
Print/Type Witness Name
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_ A J ~ . ~J . (OFFICJ!AL !',sEAL) "">;; , "
STATE oE\.Y'WUa..a. ) ./ '.I . "00 I .;: 1'1\ . r
COUNTY OF ~. "^^ " . ~ - ~ -"~/~i"':~ ^,.' ,..:... ,
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~fOregOing instrument was acknowledged before me ';'i-'~"1.~- day ~~_.
, 2 0 ~ by Paul P. Partyka, as Mayor, and f/fY1f/1L '_Ill7./) 'i UJ:fJJ-(S
Ci Y Clerk, on behalf of the City of Winter Springs. They are personally
~~o ~or produced . as
1 n 1 1cat1on.
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Commission Number:
""".......", HOLLY PIERSTORFF
rJ'W. -" of Florida
! '\ Notary Public - State
~. . E My Con'Yf\iSSi:X\ Expi'eS Jun 2fI. 2005
\'--l .~~ Commission # 00037454
Commission Expires:
Page 7 of 9 Pages
Temporary Easement No. 30949
R/8/2001
/
,.
FILE NUM 2002963274
OR BOOK 04570 PAGE 1891
DESCRIPTION - PARCEL B
That part of the C.S.X. Transportation, Inc. Lake Charm Branch rail corridor lying in Lot 4 & 5,
Block A, D.R. Mitchell s survey of the Levy Grant as Recorded In Plat Book 1, Page 5 of the
Public Records of Seminole County, Florida, being more particularly described as follows:
Commence at the Southwestern most corner of Lot 31, St. John s Landing as Recorded in Plat Book
53, Pages 45 thru 49 of the Public Records of Seminole County, Fiorida, said Point being a recovered
concrete monument on the Easterly Right of Way of Tuskawllla Road (Formerly Brantley Avenue)
as Recorded in Official Records Book 225, Page 1829 of said Public Records; thence North
59'31' 38" West along the Westerly Prolongation of the South line of said Lot 31 for a distance
of 15.00 feet to the Easterly Right of Way of Tuskawilla Road; thence South 30'04' .55" West
along said Easterly Right of Way line for a distance of 876.47 feet to the Point of Beginning;
continue South 30'04' 55" West along said Right of Way for a distance of 228.43 feet to the
Point lying on the Westerly Right of Way of saicf railroad corridor; said Point begin. on a curve
concave Westerly having a radius of 1110.99 feet and a chord bearing of South 10'52' 39"
West; thence run Southerly along the arc of said curve through a central angle of 03'08' 10" for
60.81 feet; thence North 30'04' 55" East along a line 20.00 feet Southeasterly of and parallel to
the Southeasterly Right of Way of Tuskawilla Road for a distance of 162.16 feet; thence South
59'31' 38" East for a distance of 44.88 feet to a Point on the Easterly Right of Way of said
railroad corridor; said Point being on a curve concave westerly having a radius of 1210.99 feet and
chord bearing of North 04'47' 29" East; thence run Northerly along the arc of said curve through
a central angle of 01'58' 07" for 41.61 feet; thence departing said Easterly Right of Way run
North 59'31' 38" West for a distance of 27.10 feet; thence North 30'04' 55" East along a
line 20.00 feet Southeasterly of and parallel to the Southeasterly Right of Way of Tuskawilla Road
for a distance of 51.53 feet to a Point on the Easterly Right of Way of the aforesaid railroad corridor;
said Point being on 0 curve concave Westerly having a radius of 1210.99 feet and a chord bearing
of North 00'05' 52" West thence run Northerly olong the arc of sold curve through a central
angle of 01'53' 37" for 40.02 feet to. the Point of Beginning.
EXHIBIT "A"
PAGE 8 OF 9 PAGES
TEMP. EASEMENT NO. 30949
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TEMPORARY UTIUTY eASeMENT SXHIBIT
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CITY OF WINTER SPRINGS
TUSKAWILLA ROAD ROADWAY IMPROVEMENTS
n\'''''lllt''\LI-' 111f\-U1un.,.1'\ -.,,,,,., '''''.o"u
WIBII.ITY UI~~AII~t#\~IUl'\l
fOR SCANNiNG
EXHIBIT "A"
PAGE 9 OF 9 PAGES
TEMP. EASEMENT NO. 30949