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HomeMy WebLinkAboutJambar, LLC Cross Access Easement 282 State Road 434 West - 2010 09 29 INMNNNI8NNNNNaNNNNNININNNNNNNN1111IIIN , MARYANNE MORSE, CLERK OF CIRCUIT COURT SEMINOLE COUNTY BK 07460 Pgs 0624 — 630; t7pgi) Prepared by and return to: CLERK' S # 2010117760 City of Winter Springs, Attn: City Manager RECORDED 10/11/2010 OS t 3S s SO AM 1126 East S.R. 434 DEED DOC TAX 0.70 Winter Springs, FL 32708 RECORDING FEES 61.00 RECORDED BY T Smith CROSS ACCESS EASEMENT THIS EASEMENT is made this 29 day of September 2010 By: Jambar, LLC Having a mailing address of: • P.O. Box 195098, Winter Springs, FL 32719 (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, Fl 32708 ( "Grantee "). WITNESSETH WHEREAS, Grantor is the sole owner of certain real property located within the City of Winter Springs at 282 State Road 434 West: and WHEREAS, Grantor desires to convey a cross access easement over, and across a portion of its real property, as legally described herein, for purposes of allowing Grantee ingress and egress to adjacent parcels on east and west side of property: and WHEREAS, Grantor and Grantee believe that this 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 "A" attached. (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, from the Property for the purposes stated herein. 4) Rights 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, operate, and maintain driveway over, 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 grant nonexclusive easements or licenses to any third party public for the purposes stated herein; and d. To cut, trim, and keep clean such trees, brush, and undergrowth that might hinder or prohibit the use of the Property; and e. To take any civil action deemed necessary, at the Grantee's sole and absolute discretion, to protect and preserve the Easement granted hereunder. 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 driveway. 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, 2 or federal permit requirements, obligations, and duties (if any) related to the construction, operation, and maintenance of the driveway. 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) Attorney'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) Successors. 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) Grantors Representations 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. 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 Right 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, 3 without limitation, specific performance and injunctive relief) to enjoin the occurrence and continuation of the breach. 12) Entire Agreement. 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) Sovereign 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. WITNES ES: , Print Name (3 c�' r ' (1- 1 by � /Mr/ Print Name Tra Cra JcirneS 4 STATE OF FLORIDA COUNTY OF SEMINOLE The foregoing instrument was acknowledged and sworn to before me this 3 0 Day of A4agth 2010 by TYAG'a Ja ' to s wh is 's not personally known to me, or has produced as identification. ,C.C., — d' "W. Notary Public State of Florida TARP PUBLIC • ` Carrie Root My Commissi DD747747 ar n Expires 01 /10 /2012 WITNESSES CITY OF WINTER SPRIN S (GRANTEE) Print Name ehora Mn (-4-;(-1 B . evm L. mith el CAL City Manager Print Name O hr, s Fri y p.r d s STATE OF FLORIDA COUNTY OF SEMINOLE The foregoing instrument was acknowledged and sworn to before me this day of �, 2010 by Kevin L. Smith, City Manager of the City of Winter Springs F1orid41h,) " 'is not personally known to me, or has produced as identification. az - v li t thi j u a y lit etacy u is e o one D aniel l e Harper NOTARY PUBLI My Commission DD663371 o, 0.° Expires 04/15/2011 5 SHEET 1 OF 2 LEGIBILITY UNS,4; ISFALTORY SKETCH OF DESCRIPIION FOR SCANNING - FOR LADYBIRD ACADMEY A PORTION OF THE SOUTH HALF (S 1 /2) OF THE NORTHEAST QUARTER (NE 1/4) OF THE NORTHEAST QUARTER (NE 1/4) OF THE SOUTHEAST QUARTER (SE 1/4) OF SECTION 4, TOWNSHIP 21 SOUTH, RANGE 31 EAST, LESS ROAD RIGHT OF WAY, AND LESS, THE WEST 425 FEET THEREOF, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE SOUTHEAST CORNER OF LOT 57, BARRINGTON ESTATES, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 62, PAGES 77 THROUGH 80, INCLUSIVE, IN THE PUBLIC RECORDS OF SEMINOLE COUNTY, FLORIDA, SAID POINT BEING ON THE EAST LINE OF THE SOUTHEAST 1/4 OF SECTION 4, TOWNSHIP 21 SOUTH, RANGE 31 EAST, SEMINOLE COUNTY, FLORIDA; THENCE RUN S00'21'31 "E, ALONG THE EAST LINE OF THE SOUTHEAST 1/4 OF SAID SECTION 4, A DISTANCE OF 257.38 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE S00'21'31 "E, ALONG SAID EAST LINE, A DISTANCE OF 24.00 FEET; THENCE S89'22'57 "W, A DISTANCE OF 25.00 FEET; THENCE S00'37'03 "E, A DISTANCE OF 6.00 FEET TO THE POINT OF CURVATURE OF A CURVE CONCAVE EASTERLY HAVING A RADIUS OF 38.18 FEET; THENCE RUN SOUTHERLY ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 62'55'39 ", AN ARC DISTANCE OF 41.94 FEET TO A POINT ON THE EXISTING NORTH RIGHT OF WAY LINE OF STATE ROAD NO. 434 AS SHOWN ON THE FLORIDA DEPARTMENT OF TRANSPORTATION MAINTENANCE MAP SECTION 77070; THENCE S89'22'57 "W, ALONG THE NORTH RIGHT OF WAY LINE OF SAID STATE ROAD NO. 434, A DISTANCE OF 62.22 FEET TO A POINT ON A NON - TANGENT CURVE CONCAVE WESTERLY HAVING A RADIUS OF 24.86 FEET, A CHORD BEARING OF N33' 13' 17 "E AND A CHORD LENGTH OF 27.69 FEET; THENCE DEPARTING SAID NORTH RIGHT OF WAY LINE, RUN NORTHERLY ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 67'40'41", AN ARC DISTANCE OF 29.36 FEET; THENCE N00'37'03 "W, A DISTANCE OF 17.00 FEET; THENCE S89'22'57 "W, A DISTANCE OF 187.49 FEET TO A POINT ON THE EAST LINE OF THE WEST 425 FEET OF THE SOUTH SOUTH 1/2 OF THE NORTHEAST 1/4 OF THE NORTHEAST 1/4 OF THE SOUTHEAST 1 /4 OF AFORESAID SECTION 4; THENCE N00'02'02 "W, ALONG SAID EAST LINE, A DISTANCE OF 24.00 FEET; THENCE N89'22'57 "E, A DISTANCE OF 238.35 FEET TO THE POINT OF BEGINNING. BEARINGS ARE BASE ON THE NORTH UNE OF THE SOUTH 1/2 OF THE NORTHEAST 1/4 OF THE THIS SURVEY CERTIFIED TO: NORTHEAST 1/4 OF THE SOUTHEAST 1/4 AS BEING LADYBIRD ACADEMY N89'50'13'E, PER BARRINGTON ESTATES, PLAT BOOK 62, PAGES 77-80. On OF w1NTER SPRINGS LEGAL DESCRIPTION WAS WRITTEN THIS SURVEYOR AT T HIS I S NOT A BOUNDARY SURVEY AT CLIENTS REWEOUE OT ST, UNLESS OTHERWISE NOTES. SEE SHEET 2 FOR SKETCH NOT VAUD WITHOUT THE SIGNATURE AND SCALE: 1'=50' LEGEND 0 = CENTRAL ANGLE DELTA), L = ARC, R = RADIUS, THE ORIGINAL RAISED SEAL OF A R/W = RIGHT OF WAY, A/C C = AIR CONDITIONER, FLORIDA LICENSED SURVEYOR AND • = RECOVERED 4 "X4" CONCRETE MONUMENT NO// MAPPER. ADDITIONS AND DELETIONS TO (R) - MEASURED, D, ( HON- RADIAL, 0 -PUT, REVIEWED BY: MWS = RECOVERED NAIL SURVEY MAPS, SKETCHES, OR REPORTS 3 DISK (M) =MEASURED, (C) ) CALCULATED. (D) ) - DEED, BY OTHER THAN THE SIGNING PARTY OR )( = RECOVERED X CUT IN CONCRETE POB - POINT OF BEGINNING, CONC. - CONCRETE, POC =POINT OF COMMENCEMENT, POL PONT PARTIES IS PROHIBITED WITHOUT WRITTEN PO ON CONSENT OF THE SIGNING PARTY OR DRAWN 4TY: LJG 0 • RECOVERED 1/2" IRON ROD >N LINE PARTIES. {/ / /J� /J /// 0 = RECOVERED 1 /2' IRON ROD NO i / /` //� / DATE: 9/24/10 ® = RECOVERED 5/8" IRON ROD NO d THIS SKETCH IS ED F PREPARED FOR THE �// // •. SET 6300 SET 1/2" IRON ROD SOLE AND EXCLUSIVE SIVE B BENEFI OT OF THE ENTITIES RELIED AND /OR INDIVIDUALS LISTED AND SHALL NOT BE RELI ON BY E JOB Na: 26157 s POWER POLE AS SHOWN - ANY OTHER ENTITY OR INDIVIDUAL WHOMSOEVER. MICHAEL W. SOLITRO, PSM #4458 -CI- = W000 FENCE AS SHOWN UNDERGROUND FOUNDATIONS AND/OR IMPROVEMENTS to FOR THE FIRM OF ALTAMONTE SURVEYING - -0- = CHAIN LINK FENCE AS SHOWN WERE NOT LOCATED AS PART OF THIS SKETCH. LAND n AND PLATTING, IIJC. /LB 6300 RE NSED: - CONL SLAB AS SHOWN SHOWN HEREON WERE NOT ABSTRACTED FOR RIGHTS OF WAYS AND /OR EASEMENTS OF PUBLIC RECORD. SALTAMO SUR GZ I i LEGIBILITY ti i'4 SA TI S FA CTO lb- SHEET 2 OF , 2 SKETCH OF DECEPTION FOR SCANNING LOT 59 I LOT 58 I LOT 57 I BARRINGTON ESTATES r PLAT BOOK 62. PAGES 77 -80 15' DRAINAGE EASEMENT r15' DRAINAGE EASEMENT 20.00' I I I - f - - - - - - J I- J'TRACr °� ^� i ( POINT OF — / N8950'13 "E 236 10' SEMINOLE TRAIL EASEMENT BEGINNING —/— (OVERALL) i POINT OF W COMMENCEMENT SOU ' S' 1 LINE SOUTHEAST CORNE R, BARRt PLAT BOOK 82 PAGES 77 -80 II THE NORTH LINE OF THE SOUTH 1/2 OF THE N 0 NORTHEAST 1/4 OF THE NORTHEAST 1/4 OF O Z ESTATES, THE SOUTHEAST 1/4 OF SECTION 4 -21 -31 AND THE SOUTH UNE OF BARRINGTON 2� w ESTATES O ; a UNE TABLE 0 0 CI VI LENGTH BEARING Zi L 1 24.00' SOO'21'31 "E ..... 2 25.00' 589'22'57 "W L 3 6.00' N00'37 "W L 4 17.00' N00'37'03 "W L 5 24.00' N00'02'02 "W CURVE TABLE NOT PLATTED CURVE LENGTH RADIUS DELTA BEARING CHORD 8 O C 1 41.94' 38.18' 62'55'39" 532'04'52 "E 39.86' ni o C 2 _ 29.36' 24.86' 67'40'41" N33'13'17 "E 27.69' w v a Q O ' Cd O 1b SUBJECT PROPERTY :4 ta ci 4 °o CO THE EAST UNE OF THE WEST 425' OF THE v SOUTH 1/2 OF THE NORTHEAST 1/4 OF THE w CO NORTHEAST 1/4 OF THE SOUTHEAST 1/4 OF CO .2t1 SECTION 4 -21 -31 N NI THE EAST UNE Of THE SOUTHEAST 1/4 OF SECTION 4 -21 -31 POINT OF BEGINNING 589 238.35' fr / r t7, 062 SQUARE FEET J S89'22'57 'W 187.49' r r L 2 J. w 0 FUTURE RIGHT OF WAY UNE� 589•22 w 2"57"W 6772' _ 20.00 S2 30' S89'22'571, 206.37'' _ _ _ 3=3 I�AD drat 4i4 0 _ _ DEPARTMENT OF MAINTENANCE I1P STRl1� THE NORTH RICHT OF WAY LINE OF STATE ROAD NO, 434 i 40' RIGHT OF WAY AS IT NOW EXISTS n L -• t = Noo3r'oS° w 5.00' THIS IS NOT A BOUNDARY SURVEY SEE SHEET 1 FOR n LEGAL DESCRIPTION i A I ALTAmoNTE SURVEYING U Gayle A. Coutant From: Brian Fields Sent: Tuesday, October 19, 2010 2:46 PM To: Gayle A. Coutant; Kip Lockcuff; Steven Richart Cc: _City Clerk Department Subject: RE: Recorded Documents Yes, these are related to the site acceptance for the Ladybird Academy project, consent agenda item #204 on 10/11/10. From: Gayle A. Coutant Sent: Tuesday, October 19, 2010 12:53 PM To: Kip Lockcuff; Brian Fields; Steven Richart Cc: _City Clerk Department Subject: Recorded Documents Good Afternoon, Please find attached the front page of recorded documents we received via US Mail. Could you review and let us know if these were something your Department may have sent for recording? If so, please advise us if they went to the Commission and if so the Agenda Item and meeting date. Thank you for your help with this. Gayle Coutant, Assistant to the City Clerk City of Winter Springs, Florida 1 126 East State Road 434 Winter Springs, Florida 32708 Telephone: (407) 327 -5965 Facsimile: (407) 327 -4753 email: goutant@winterspfingsfl.org 1