HomeMy WebLinkAboutMoss Park Underground Utility Easement Agreement - 2012 09 14 MARYANNE MORSE, CLERK OF CIRCUIT COURT
SEMINOLE COUNTY
BK 07875 Pp 8363 - 371; (9pp)
CLERK'S # 2012121915
Prepared by and return to: RECORDED 18/11/2012 84118052 PM
City of Winter Springs,Attn: City Manager DEED DN TAX 8.78
et 1126 East S.R.434 RECORDING FEES 78.88
Winter Springs,FL 32708 RECORDED BY J Eckenroth(all)
PUBLIC UNDERGROUND UTILITY EASEMENT
THIS EASEMENT is made this H day of pk-J �l L- , 2012
By:
MOSS PARK PARTNERS,LTD., a Florida limited partnership
Having a mailing address of: •
700 West Morse Boulevard, Suite 220, Winter Park, FL 32789
(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 150 SR 434, Winter Springs, Florida; and
WHEREAS, Grantor desires to convey an underground utility 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 underground water
lines and other incidental appurtenances and accessories related thereto needed to provide
water service to Grantor's property (collectively, the "Public Utilities"); 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 Utilities; 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.
4834-1279-9504 2
12908/0306
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,
its successors and assigns, subject to any previous duly recorded easements or
grants of record, a public access and improvements and maintenance easement
over, under, and across the real property described as follows:
SEE EXHIBIT "A" ATTACHED HERETO
AND INCORPORATED HEREIN BY THIS REFERENCE.
(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 the Public
Utilities 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 the Public Utilities 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 assign all or a portion of its interest under this easement 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 for the purposes stated herein;
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.
4834-1279-9504 2 2
12908/0306
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 Utilities 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
Utilities.
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) Grantor's 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.
4834-1279-9504 2 3
12908/0306
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 claiming by, through, or under Grantor, but against
none other.
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; it being expressly understood and agreed, however, that this Easement is
non-exclusive and that Grantor shall have the authority to use and to authorize
others to use the Property in any manner which is not inconsistent with this
Easement, including for the installation of landscape, hardscape, and pavement.
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 the Public Utilities 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.
4834-1279-9504 2 4
12908/0306
WITNESSES: MOSS PARK PARTNERS, LTD.,
a Florida limited partnership (GRANTOR)
By: Moss Park Managers, L.L.C.,
- a Florida limited liability company,
Print Name: /-' / . �7 its general partner
By: Jae
Print Name: (r, r:� L r;, (, ..> l i ,rt ; ,5 Nam,: ra . ( t' Man
Tit : Man,:er
STATE OF FLORIDA
COUNTY OF ORANGE
The for �jin�g{���i,n,strument was ' owled'e• • sworn to before me this / i
day ofJ �`-t-a•i 2012, by �/tS, 6214' as Manager of
Moss Park Managers, L.L.C., a Florida limited liability coin i.ny, as general partner of
MOSS PARK PARTNERS, LTD., a Florida limited partnership, on behalf of the
company and partnership, who is/is not personally known to me, or has
produced as identification.
(7.14
TARY PUBLIC
I DANIELLE L DEAN
i,�P--PVe ii�ii
o* ,c•; Notary Public-State of Florida
' ? * `�
��� .•_My Comm.Expires Dec 17,2014
;.' "' oc Commission#EE 47122
''%EO;�," Bonded Through National Notary Assr,.
4834-1279-9504.2 5
12908/0306
WITNESSES CITY OF WINTER SPRINy GRANTEE)
AdVAg, 21(fili4'-- ) .Z._
Print Name ,4,E. • . /,- - "I By: Icin L. 5 r, ith
14 City Manager
itottet,,,a
rmt Name Brtatt Reet5
STATE OF FLORIDA
COUNTY OF SEMINOLE
The foregoing instrument was acknowledged and sworn to before me this2Isfiday
-3 1- rnbeAr , 2012 b Kevin L. Smith, City Manager of the City of Winter
of ,
Spring Florida who 's/is not personally known to me, or has
produced as identification. 1 �(� /y
o""�, DANIELLE Jt e �JO 4�`-�' t
;;. < MY COMMotary P HARKER nder 48 NOTARY PUBLIC
V.7-„,;,.11/ EXPIRES:April 15,2015
%?,; , Bonded Thru Notary Public Underwriters
4834-1279-9504 2 6
12908/0306 til
EXHIBIT "A"
4834-1279-9504 2 7
12908/0306
EXHIBIT "A"
•
LEGAL DESCRIPTION
10.00' WIDE WATER MAIN EASEMENT:
A portion of Section 34, Township 20 South, Range 30 East, Seminole County,
Florida being more particularly described as follows:
COMMENCING at the intersection of the East right of way line of Moss Road and
the centerline of Longwood—Oviedo Road, per North Orlando as recorded in Plat
Book 12, Pages 10 and 11 of the Public Records of Seminole County, Florida;
thence along the East right of way of Moss Road N06'55'33'W, a distance of
481.86 feet to the POINT OF BEGINNING; thence continuing along said East right
of way N06'55'33'W, a distance of 10.04 feet; thence departing said East right of
way line, run North 88'25'49" East for a distance of 63.85 feet; thence run North
85'04'31" East for a distance of 367.15 feet; thence run South 45'50'03" East
for a distance of 14.52 feet; thence run South 06'46'45" East for a distance of
351.09 feet; thence run South 84'35'57" West for a distance of 26.32 feet;
thence run South 05'44'13" East for a distance of 82.82 feet to a point on the
North right of way line of Longwood—Oviedo Road; thence run South 84'39'40"
West, along said North right of way line, for a distance of 10.00 feet; thence
departing said North right of way line, run North 05'44'13" West for a distance of
92.81 feet; thence run North 84'35'57" East for a distance of 26.13 feet; thence
run North 06'46'45" West for a distance of 337.30 feet; thence run North
45'50'03" West for a distance of 6.41 feet; thence run South 85'04'31" West for a
distance of 362.88 feet; thence run South 8825'49" West for a distance of 63.21
feet to the POINT OF BEGINNING.
Containing 8,972 square feet, or 0.21 acres, more or less.
LINE TABLE
LINE LENGTH BEARING
L1 10.04' No6'55'33'W
L2 63.85' N88'25'49"E
L3 14.52' S45'50'03"E
L4 26.32' S84'35'57'W
L5 82.82' So5'44'13"E
L6 10.00' S84'39'40'W
L7 92.81' No5'44'13'W
L8 26.13' N84'35'57"E
L9 6.41' N45'50'03"W
L10 63.21' S88'25'49"w SHEET 1 OF 2 /
SURVEYOR'S NOTES:
♦♦; ,;. 1. THIS IS NOT A SURVEY.
2. THIS SKETCH IS NOT VALID WITHOUT THE SIGNATURE AND ORIGINAL RAISED
♦� �♦ SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER.
♦ ♦ 3. BEARINGS SHOWN HEREON ARE BASED ON THE EAST RIGHT OF WAY LINE OF MOSS ROAD AS HAVING AN ASSUMED
BEARING OF NORTH 06'55'33" WEST.
ALLEN*�
CO FOR THE LICENSED BUSINESS #6723 BY:
MPANY
JOB NO. 20110246 CALCULATED BY: EGT
Pro`essio'lo1 SUr,e,ors&Mopce's DATE: 8/30/2012 DRAWN BY: EGT
SCALE: 1 INCH = 100 FEET CHECKED BY: JLR
213 S. Dillard Street Suite 210 FIELD BY: N/A JAMES L. RICKMAN PSM #5633*ter Gordan,fig& 34787•f 407)654-Z5 /
SKETCH OF DESCRIPTION
RESIDENTIAL PARCEL
i 0.00' WATER MAIN EASEMENT „ CI
r L2 N:5'04' 1” <9
O r . '04 1 W
o co L10
v o
v
rn v Wr X POINT OF BEGINNING N
nl0 PARCEL 1
?, � O rn
—I O rn
o
-TI oID . •
vm
D
Z -(
v
— \ LA
Z I
40.00' 40.00'
z
0
CI
cr
0
LA
I *—EAST RIGHT OF WAY LINE La COMMERCIAL
L4
&\ POINT OF COMMENCEMENT PARCEL
\ ao INTERSECTION OF THE EAST RIGHT OF WAY r"am LINE OF MOSS ROAD WITH THE CENTERLINE J rjr
OF STATE ROAD 434
L6
=ORTH RIGHT OF WAY LINE -
p OVIEDO ROAD)
(AKA LONGWOO — ,
/o STATE ROAD 434 (ao 50BLIC BHT O ■A .
FLORIDA DEPARTMENT OF TRANSPORTATION
F20AD 434 :�-
CENTERLINE OF STATE
• iy u.
J— SHEET 2 OF 2 •
SURVEYOR'S NOTES:
♦.;,A,;♦♦ 1. THIS IS NOT A SURVEY.
2. THIS SKETCH IS NOT VALID WITHOUT THE SIGNATURE AND ORIGINAL RAISED
♦ ♦ SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER.
♦;�, ■., 3. BEARINGS NORTH ERE5N' ARE BASED ON THE EAST RIGHT OF WAY LINE OF MOSS ROAD AS HAVING AN ASSUMED
ALLEN
COMPANY JOB NO. 20110246 CALCULATED BY: EGT
Pro'essloncl SJ'7?,o s&.1Cppers DATE: 8/30/2012 DRAWN BY: EGT
SCALE: 1 INCH = 100 FEET CHECKED BY: JLR
213 S. Dillard Street/ Suite 210 kti 8%I Guddl,Florida 34781• 407)654-5355 FIELD BY: N/A /