HomeMy WebLinkAboutJambar, LLC Public Underground Utility And Landscape Easement 282 State Road 434 West - 2010 09 29 11NINNNIMNNINNINNNNNNNNIN NNNNIINM
MARYANNE MORSE, CLERK OF CIRCUIT COURT
SEMINOLE COUNTY
BK 07460 Pgs 0638 - 644; (7pps)
CLERK'S # 2010117762
Prepared by and return to: 10 09235!50 AM
RECORDED 10 /11 /PO
City of Winter Springs, Attn: City Manager DEED DOC TAX 1/20 0.70
1126 East S.R. 434 RECORDING FEES 61.00
Winter Springs, FL 32708 RECORDED BY T Smith
PUBLIC UNDERGROUND UTILITY AND LANDSCAPE
EASEMENT
THIS EASEMENT is made this 29th 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, F132708 ( "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 an underground utility and landscape
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 and to preserve a landscape buffer
along the property frontage more specifically, to provide for underground water: 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
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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 to operate and maintain public utilities
and preserve a landscape buffer along the property frontage over, under and 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 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 grant nonexclusive easements or licenses to any third party public or
private utility 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
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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 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) 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.
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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,
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.
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ITNESSES:
• GRANTOR)
, r _ _ ��/ .�
'not Name L b / 1/ '
Print Name ��cca Jame
STATE OF FLORIDA
COUNTY OF SEMINOLE
The foregoing instrument was acknowledged and sworn to before me this 6%
Day of ocr , 2010 by12FlU A JAiLittS who is /is not penally k3 iwn to
me, or has produced as identification.
KIM E. TRENCH �'� i K E. / L
' a Notary public - State of Rodeo
l M a y a , X011 NOTARY PUBLIC
• � OD 671393
' v F,. 9•110T1wou6hNalioaM Noloy Aw^.
WITNESSES CITY OF WINTER SPRIN (GRANTEE)
Print Name ,��! /. Kevin L. 9th
City Manager
Print Name hr v/Nel s
STATE OF FLORIDA
COUNTY OF SEMINOLE
Ile foregoing instrument was acknowledged and sworn to before me this gth day of
VA by Kevin L. Smith, City Manager of the City of Winter Springs Florida ho
6 /is not personally known to me, or has produced
as identification.
Notary Public State of Florida
Danielle Harker /
c P My Commission DD663371 NOTARY PUB IC
'0,09 Ex•ires04 /15/2011
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•
LLGIBILITY UNSATISFACIOICL
SHEET 1 OF 2 fOt ;i � iiiitiG
SICETCH OF DFSCRIPTIM
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 301.38 FEET TO THE POINT OF BEGINNING;
THENCE CONTINUE S00'21'31 "E, ALONG SAID EAST LINE, A DISTANCE OF 20.00
FEET TO A POINT ON THE EXISTING NORTH RIGHT OF WAY LINE OF STATE ROAD
N0. 434 AS SHOWN ON THE FLORIDA DEPARTMENT OF TRANSPORTATION
MAINTENANCE MAP SECTION 77070; THENCE RUN WESTERLY AND NORTHERLY
ALONG THE NORTH RIGHT OF WAY LINE OF SAID STATE ROAD NO. 434 THE
FOLLOWING 3 COURSES: THENCE 589'22'57 "W, A DISTANCE OF 206.37 FEET;
THENCE N00'37'03 "W, A DISTANCE OF 5.00 FEET; THENCE S89 °22'57 "W, A
' DISTANCE OF 32.30 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 15.00 FEET; THENCE N89'22'57 "E, A
DISTANCE OF 238.60 FEET TO THE POINT OF BEGINNING.
BEARINGS ARE BASE ON THE NORTH LINE 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
N8950'13 "E, PER BARRINGTON ESTATES, PLAT BOOK 62,
PAGES 77 -80. CITY OF wiNTER SPRINGS
LEGAL DESCRIPTION WAS WRITTEN OT R THIS SURVEYOR T HIS I S NOT A BOUNDARY SURVEY
AT T CLIENTS REQUEST, OT
ST, UNLESS OTHERWISE NOTES. SEE SHEET 2
FOR SKETCH
NOT VALID 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 = AIR CONDITIONER,
FLORIDA LICENSED SURVEYOR AND a = RECOVERED 4 "X4" CONCRETE MONUMENT NO# (R) - RADIAL, (NR) = NON - RADIAL, (P) - PLAT,
MAPPER. ADDITIONS AND DELETIONS TO . REVIEWED BY: MWS L . $. RECOVERED & DISK RECOVERED N
' SURVEY MAPS. SKETCHES, OR REPORTS # (M) - MEASURED, (C) CALCULATED, (D) -DEED,
BY OTHER THAN THE SIGNING PARTY OR X = RECOVERED X CUT IN CONCRETE P - POINT OF BEGINNING, CONC. = CONCRETE,
PARTIES 15 PROHIBITED WITHOUT WRITTEN POC = POINT OF COMMENCEMENT, POL -POINT ON
OF THE SIGNING PARTY OR DR B L JG =RECOVERED 1/2" IRON ROD # LINE
PARTIES. 0 = RECOVERED 1/2" IRON ROD NO #
/4 ��� DATE 9/24/10 di RECOVERED 5/8" IRON ROD NO # THIS SKETCH IS CERTIFIED TO AND PREPARED FOR THE
•
SOLE AND EXCLUSIVE BENEFIT OF THE ENTITIES AND /OR
- SET 1/2" IRON ROD #LB 6300 INDIVIDUALS LISTED AND SHALL NOT BE RELIED ON BY ° 3
JOB N&: 26157 =POWER POLE AS SHOWN ANY OTHER ENTITY OR INDIVIDUAL WHOMSOEVER. n
MICHAEL W. SOLITRO, PSM #4458 -0- = WOOD FENCE AS SHOWN UNDERGROUND FOUNDATIONS AND /OR IMPROVEMENTS m
FOR THE FIRM OF ALTAMONTE SURVEYING -0- = CHAIN LINK FENCE AS SHOWN WERE NOT LOCATED AS PART OF THIS SKETCH. LAND n
r
AND PLATTING, INC. /LB 6300 REVISED: = CONCRETE SLAB AS SHOWN SHOWN HEREON WERE NOT ABSTRACTED FOR RIGHTS OF N
��'.� WAYS AND /OR EASEMENTS OF PUBLIC RECORD. d
H
i ALTAMONTE SURVEYING Gel 210 CROWN Paw aFaa i
IMO L 0 1 1 0 1 1 2 0 0 0 H . ,
u Ji. 1 r ��cc_ FAX (407) 8O2-e2
r_EGIBILUY u tFlGlUIe
FOR S AiI5
SHEET 2 OF 2 ZECH OF D
LOT 59 I LOT 58 1 LOT 57
1 BARRINGTON ESTATES 1 1
PLAT BOOK 62, PAGES 77 -I 0 15' DRAINAGE EASEMENT I
15' DRAINAGE EASEMENT ( 20.00' I ( o
POINT OF
TTRACT ° ~
N8 9 . 50'13"E 238.88' 10' SEMINOLE TRAIL EASEMENT t : BEGINNING
—f- /// (OVERALL)
POINT O
C
4 SOUTHEAST
NORTHEAST 1/4 OF THE NORTHEAST 1
CORNER, BARRINGTON
a ESTATES, PLAT BOOK 62, PAGES 77 -80 N
o
THE NORTH LINE OF THE SOUTH 1/2 OF THE G
= /4 OF .�
C.1 THE SOUTHEAST 1/4 OF SECTION 4 -21 -31 � �
AND THE SOUTH UNE OF BARRINGTON -�_
.-- ESTATES 0-4
0 �O
rn Z
v
NOT PLATTED u, C a
THE EAST LINE OF THE WEST 425' OF THE p C
SOUTH 1/2 OF THE NORTHEAST 1/4 OF THE ni •
NORTHEAST 1/4 OF THE SOUTHEAST 1/4 OF j ••• SECTION 4 -21 -31
• 2 m v ca
bo SUBJECT PROPERTY 2 0
N co. ce
1 THE EAST LINE OF THE SOUTHEAST •
t
u O
o 1/4 OF SECTION 4 -21 -31
OD
CO
CO w
- it' N
111E NORTH LINE OF
THE SOUTH 20.00' POINT OF
FUTURE RIGHT OF WAY LINE BEGINNING
N89'22'57'E 238.60' 0
o //� / to SQUARE FEET � VA! q ' 20.00'
389'22'57"W
32.30' 389'22'57"W 208.37'
u,
SPATE RDA NQ 434 0
—
DEPARTMENT OF TRANSPORTATION — o
THE NORTH RIGHT OF WAY c
MAINTENANCE MAP SECTION 77070
40' RIGHT OF WAY AS OF STATE ROAD NO. 434
AS IT NOW EXISTS ;,
L r - 1 = N00•37'03"W 5.00' THIS I S NOT A BOUNDARY SURVEY SEE SHEET 1 FOR H
LEGAL DESCRIPTION i
0 ALTAMON'TE SUI(VEYING 0 20 CROW POW
KM 10L001113CO, sm g
03:ai �� i FAX (407) 862-0220 a
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
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