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HomeMy WebLinkAboutMorton Lane 244 (Michael and Corrine Rosenberg) Public Drainage Easement 2013 06 17 MARYANNE MORSE, CLERK OF CIRCUIT COURT SEMIN(LE COUNTY BK 08064 Pqs 1857 - 1864; (8pgs) CLERK' S # 2013082993 RECORDED 06/24/8013 09:50:53 AM Prepared by and return to: RECORDING FEES 69.50 City of Winter Springs RECORDED BY T Smith Attn:City Manager 1126 East S.R.434 Winter Springs,FL 32708 PUBLIC DRAINAGE EASEMENT THIS PUBLIC DRAINAGE EASEMENT is made this 17 ' day of "Stone. 2013 By: Michael and Corinne Rosenberg Having a mailing address of: 244 Morton Lane Winter Springs, FL 32708 (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 244 Morton Lane: and WHEREAS, Grantor desires to convey a drainage 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 stormwater improvements and other incidental appurtenances: 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 stormwater improvements and any other incidental appurtenances and accessories thereto: and WHEREAS, Grantor and Grantee mutually agree that the granting of this easement will enable the Grantee to further enhance the drainage associated with the adjacent roadway and stormwater system: and WHEREAS, Grantor and Grantee believe that this public drainage 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 and its successors and assigns, subject to any previous duly recorded easements or grants of record, a public drainage easement over, under, and across the real property legally described in EXHIBIT "A" (the "Property") for the conveyance, treatment and storage of stormwater inclusive of the right-of-entry to build, repair, inspect and maintain stormwater related improvements and appurtenances. 3) Purpose of Easement. It is the express purpose of this easement to provide Grantee unconditional ingress and egress to operate and maintain public stormwater facilities over, under and from the Property for the purposes stated herein. 4) Easement Purchase Price. The purchase price for the easement shall be Three Thousand Eight Hundred Seventy Dollars and 00 Cents ($3,870.00). Grantee shall pay the Grantor the purchase price in full at the time of Grantee's execution of this Easement Agreement. 5) Rights of Grantee. To accomplish the purposes stated above, and at Grantee's expense,the following rights are conveyed to the Grantee by this Easement: a. To use the Easement for ingress and egress and to construct, operate, and maintain public stormwater facilities over, under, and across the Easement for the benefit of the public; and b. To prevent any activity on or use of the Easement 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 cut, trim, and keep clean such trees, brush, and undergrowth that might interfere with the public stormwater facilities within the Easement; and d. To take any civil action deemed necessary, at the Grantee's sole and absolute discretion,to protect and preserve the Easement granted hereunder. 6) 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. 7) 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. 8) 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. 9) 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. 10) 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. 11) 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. 3 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. 12) 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. 13) Entire Agreement. This Public Drainage Easement Agreement 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. 14) Sovereign Immunity. Nothing contained in this Agreement 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. 15) Modifications. This Agreement shall only be modified by a written instrument executed by the parties hereto or any successor, assigns heirs, or representatives thereto. 16) 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. 17) 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. 18) Hold Harmless. The Grantee will be responsible for, and hold Grantor harmless, for any damage occurring to Grantor's property as a result of the acts and omissions of Grantee and its employees and contractors related to Grantee's construction in and use of this Easement. 4 IN WITNESS WHEREOF~ Grantor and Grantee set their respective hands on the day and year above written. WITNESSES: Michael and Corinne Rosenberg /,1 (GRANTOR) --I L A &/ by t # \ /f F Print Name Va.�%d S. f.�//�;t_ �/ Print Name \c-NACC- i�' \ Lls1£ if '"— * 6ThOly,AL g by ■ vl-,ti.Q_ � 4 ' • I Print Name 4 Lu Print Name O f'w` . 1 W STATE OF FLORIDA COUNTY OF SEMINOLE The foregoing instrument was acknowledged and sworn to before me this / V Day of(n€, 2013 by 7//i c h oe(fnseAbatc o is s not personally known to me, or has prod •. as I s entification. / i y_ Notary Public State of Florida . . Ina Michelle Boswell a My Commission EE070690 _-... LI 1 1` - �. or r,e� 6xpirss 04/08/2015 NOTARY PUBLIC STATE OF FLORIDA COUNTY OF SEMINOLE The foregoing instrument was acknowledged and sworn to before me this / 0 Day of J u n e , 2013 by eB T/',l/J e laseii Ae q dr/is not personally known to me, or has produced ‘-1 as i s entification. // Y' Notary Public State of Florida =�` r A. �• 4iii. . ; Ina Michelle Boswell O ` RY PUBLIC My Commission EE070890 or tad Expires 04/08/2018 5 WIITNESSES� CITY OF WINTER SPRING 'ANTES) Print Name s";rvi Fi a ck By: K; in L. Sm City Manager Vint Name Gi10KAN J) At-: STATE OF FLORIDA COUNTY OF SEMINOLE The foregoing instrument was acknowledged and sworn to before me this fk day of , 2013 by Kevin L. Smith, City Manager of the City of Winter Springs Florida who 1 its not personally known to me, or has produced as identification. :+ tits DAMEu. p.4.HARKER NOTARY PUBLIC 1+1 `■ t4 MY COMMISSION k EE 06224 ''�7 : EXPIRES:April 15,2015 40,;.• Bonded Thru Notary Public Undorointart 6 EXHIBIT A Sketch and Description: THIS IS NOT A SURVEY LEGIBILITY UNSATISFACTORY FOR SCANNING Legal Description: THE WESTERLY (AS MEASURED PERPENDICULARLY) 10 FEET OF LOT 10. BLOCK N, NORTH ORLANDO RANCHES, SEC. 7, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 13, PAGE 3 OF THE PUBLIC RECORDS OF SEMINOLE COUNTY, FLORIDA. ENCOMPASSING 1,500 SQUARE FEET MORE OR LESS. Abbreviation Legend: (A) - ACTUAL U - DELTA GOVT - GOVERNMENT PC - POINT OF CURVATURE R30E - RANGE 30 EAST APPROX - APPROXIMATE (D) - DEED IP - IRON PIPE PCC - POINT OF COMPOUND R - RADIUS AVG - AVERAGE (DE) - DEED EXCEPTION IR - IRON ROD CURVATURE RAD - RADIAL (BB) - BEARING BASIS DEPT - DEPARTMENT IR&C - IRON REBAR &CAP PCP - PERMANENT CONTROL POINT REC - RECOVERED BLDG - BUILDING D/U - DRAINAGE AND UTILITY L - ARC LENGTH PG - PAGE REV - REVISION BM - BENCH MARK EASEMENT LB# - LICENSED BUSINESS NUMBER PUS - PAGES RP - RADIUS POINT (C) - CALCULATED ELEV - ELEVATION (N) - MEASURED PI - POINT OF INTERSECTION R/W - RIGHT-OF-WAY C - CHORD EOP - EDGE OF PAVEMENT N &D - NAIL AND DISK POB - POINT OF BEGINNING SEC 2 - SECTION 2 CB - CHORD BEARING ESMT - EASEMENT NR - NON-RADIAL POC - POINT OF COMMENCEMENT SQ - SQUARE CCR # - CERTIFIED CORNER FDOT - FLORIDA DEPARTMENT OF NSI - NO SURVEYOR IDENTIFICATION POL - POINT ON LINE SQ FT - SQUARE FEET RECORD NUMBER TRANSPORTATION NT - NON-TANGENT PRC - POINT OF REVERSE TB - TANGENT BEARING C/L - CENTERLINE FF - FINISH FLOOR OR - OFFICIAL RECORDS CURVATURE T21S - TOWNSHIP 21 SOUTH CM - CONCRETE MONUMENT END - FOUND ORB - OFFICIAL RECORDS BOOK PRM - PERMANENT REFERENCE (TYP) - TYPICAL CONC - CONCRETE FP&L - FLORIDA POWER AND LIGHT (P) - PLAT MONUMENT UE - UTILITY EASEMENT COR - CORNER (G) - GRID(STATE PLANE) PB - PLAT BOOK PT - POINT OF TANGENCY W/ - W1 TH FEC - FLORIDA EAST COAST RAILWAY Surveyor's Notes: Surveyor's Certification: 1. "SURVEY MAP AND REPORT OR THE COPIES THEREOF ARE NOT VAUD WITHOUT THE I hereby certify that the attached "Sketch and SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA UCENSED SURVEYOR AND MAPPER.' Description" of the hereon—described property is true and correct to the best of my knowledge, information and 2. 'ADDITIONS OR DELETIONS TO SURVEY MAPS OR REPORTS BY OTHER THAN THE belief as prepared under my direction on February 25, SIGNING PARTY OR PARTIES IS PROHIBITED WITHOUT WRITTEN CONSENT OF THE SIGNING PARTY OR PARTIES." 2013. I further certify that this "Sketch and Description" meets the minimum technical standards set forth in Rule 3. BEARINGS SHOWN HEREON ARE RELATIVE TO 559'09'09"E ALONG THE Chapter 5J-17 of the Florida Administrative Code. NORTHERLY UNE OF LOT 10. BLOCK N.NORTH ORLANDO RANCHES, SEC. 7, AS p RECORDED IN PLAT BOOK 13,PAGE 3 OF THE PUBUC RECORDS OF SEMINOLE COUNTY, FLORIDA. 3. THE"LEGAL DESCRIPTION" HEREON WAS PREPARED BY THE SURVEYOR PER THE CLIENT'S REQUEST. 4. THIS SKETCH WAS PREPARED WITHOUT THE BENEFIT OF AN ABSTRACT OR OPINION For the Firm By: OF TITLE. NO INSTRUMENTS OF RECORD REFLECTING EASEMENTS, RIGHTS-OF-WAY, Thomas J. Galloway PSM AND/OR OWNERSHIP WERE FURNISHED TO THIS SURVEYOR EXCEPT AS NOTED. Y 5. THIS IS NOT A BOUNDARY SURVEY, THIS SKETCH AND DESCRIPTION WAS PREPARED Professional Surveyor and Mapper FROM INFORMATION FURNISHED TO THE SURVEYOR,NO FIELD SURVEY WAS Florida Registration No. 6549 PERFORMED TO DEFINE OWNERSHIP. TITLE BLOCK ANNRI"EICENSE NOT VAUD WITHOUT Date: 2/25/13 Job No. W04154 Eng.=ENGINEERING L.B."LICENSED BUSINESS C.0.4.Luoubcp."T LANDSCAPE AUTHORIZATION -NOT APPLICABLE ARCHITECTURAL "LICENSED SHEETS 1 AND 2 OF 2. Nn."NUMBER P.O"POSTOFFICE O"COPYRIGHT I Drawn by: RDB Scale: N/A File:W04154 SOD.DWG Engineers (C.O.A.No.3215) 500 West Fulton Street Sheet Architects (Lic.No.AA2600926) Sanford,Florida 32771 DRAINAGE EASEMENT Surveyors (L.B.No.7143) Y.0.Box 2808 SECTION 2-TOWNSHIP 21 SOUTH-RANGE 30 EAST O Landscape Arch. (Lic.No.LC0000298) Sanford,Florida SEMINOLE COUNTY,FLORIDA Planners 32772-2808 Environmental Scientists Lic. 407322-6841 1 of 2 Construction Management Fax 407330-0639 SKETCH AND DESCRIPTION Traffic/Transportation © 2013 . - EXHIBIT A Sketch and Description: THIS IS NOT A SURVEY LEGIbILITY UNSATISFACTOW FOR SCANNINO ...***"................ ko Cel tAlP4.4 . N ....„„ 73 / 3) soot, / ---_____LOT 11 70 •00, 04:%... 4,1 ......-....•-i...................s NORTH ORLANDO RANCHES SEC. 7 PB 13, PG BLOCK N 1."41 t4.7' i /0 •00. 09, 7 09.,_ C •...0. co) .:::, c cy 40 '.... /..% ...7,A)C.. ....„.„.. 04'§) 4,t.; EAST UN E LOT 11, C..3 ..... LOT 10 BLOCK N 41) ,'S, cir) NORTH ORLANDO RANCHES 0 70 ()49 ' es, SEC, 7 •00, I// CO PB 13, PG 3 BLOCK N 70 "1 •oo. , .‘._ WEST UNE LOT 10, BOCK N ,r0 ---;" 07 GRAPHIC SCALE . . 7‘5 ,- 100 55.3 . mo 0 25 50 LOT 9 NORTH ORLANDO RANCHES SEC. 7 ( IN FEET ) PB 13, PG 3 1 inch = 50 ft. BLOCK N f ITLE BLOCK ABBREVIATIONS Eng..ENGINEERING L.B..LICENSED BUSINESS NOT VALID %%MOUT Date: 2/25/13 Job No. W04154 C.O.A..CERTIFICCEE CIF AUTHORIZATION A nth,ARCHITECTURAL SHEETS 1 AND 2 CF 2. 1 , Landscr.:\0L,4:, N. 4.1kz1610ErcNSED 1 Drawn by: ROB Scale: 1"=50' File:wo4154 SOD.DWG Engineers (C.O.A.No.3215) 500 West Fulton Street Sheet Architects (Lic.No.AA2600926) DRAINAGE EASEMENT Sanford,Florida 32771 Surveyors (L.13.No.7143) 2 P.0.Box 2608 SECTION 2-TOWNSHIP 21 SOUTH-RANGE 30 EAST @ 0 Landscape Arch (Lic.No.LC0000298) Planners Sanford,Florida 32772-2808 SEMINOLE COUNTY,FLORIDA Environmental Scientists 2 of 2 Phone 407 322-6841 Construction Management Fax 4073311-0639 SKETCH AND DESCRIPTION Traffic/Transportation © 2013 MARYANNE NORSE, CLERK OF CIRCUIT COURT SEMINILE COUNTY BK 08064 Pp 1857 - 18641 t8pgs1 CLERK' S # 2013082993 RECORDED 06/84/n13 09t50153 AM Prepared by and return to: RECORDING FEES 69.50 City of Winter Springs RECORDED SY T Smith \. City Manager 1126 East S.R.434 Winter Springs,FL 32708 PUBLIC DRAINAGE EASEMENT `gyp Coal �� ERl\F M0R' I 1 it0 of c�rN ��RNDP` THIS PUBLIC DRAINAGE EASEMENT is made this day of tRK F: 'S1,AC 2013 VA' p•Jv'took By: gy I Michael and Corinne Rosenberg Having a mailing address of: 244 Morton Lane Winter Springs, FL 32708 (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 244 Morton Lane: and WHEREAS, Grantor desires to convey a drainage 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 stormwater improvements and other incidental appurtenances: 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 stormwater improvements and any other incidental appurtenances and accessories thereto: and WHEREAS, Grantor and Grantee mutually agree that the granting of this easement will enable the Grantee to further enhance the drainage associated with the adjacent roadway and stormwater system: and { WHEREAS, Grantor and Grantee believe that this public drainage 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 and its successors and assigns, subject to any previous duly recorded easements or grants of record, a public drainage easement over, under, and across the real property legally described in EXHIBIT"A" (the"Property") for the conveyance, treatment and storage of stormwater inclusive of the right-of-entry to build, repair, inspect and maintain stormwater related improvements and appurtenances. 3) Purpose of Easement. It is the express purpose of this easement to provide Grantee unconditional ingress and egress to operate and maintain public stormwater facilities over, under and from the Property for the purposes stated herein. 4) Easement Purchase Price. The purchase price for the easement shall be Three Thousand Eight Hundred Seventy Dollars and 00 Cents ($3,870.00). Grantee shall pay the Grantor the purchase price in full at the time of Grantee's execution of this Easement Agreement. 5) Rights of Grantee. To accomplish the purposes stated above, and at Grantee's expense,the following rights are conveyed to the Grantee by this Easement: a. To use the Easement for ingress and egress and to construct, operate, and maintain public stormwater facilities over, under, and across the Easement for the benefit of the public; and b. To prevent any activity on or use of the Easement 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 cut, trim, and keep clean such trees, brush, and undergrowth that might interfere with the public stormwater facilities within the Easement; and d. To take any civil action deemed necessary, at the Grantee's sole and absolute discretion,to protect and preserve the Easement granted hereunder. 2 6) 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. 7) 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. 8) 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. 9) 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. 10) 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. 11) 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. 3 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. 12) 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. 13) Entire Agreement. This Public Drainage Easement Agreement 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. 14) Sovereign Immunity. Nothing contained in this Agreement 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. 15) Modifications. This Agreement shall only he modified by a written instrument executed by the parties hereto or any successor, assigns heirs, or representatives thereto. 16) 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. 17) 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. 18) Hold Harmless. The Grantee will be responsible for, and hold Grantor harmless, for any damage occurring to Grantor's property as a result of the acts and omissions of Grantee and its employees and contractors related to Grantee's construction in and use of this Easement. 4 IN WITNESS WHEREOF, Grantor and Grantee set their respective hands on the day and year above written. WITNESSES: Michael and Corinne Rosenberg (GRANTOR) .l44. by ∎ La_ P r 1 Print Name Pa d:J 5'. Ct/ki... .. J Print Name A Lt.+4CL- -tw \ oslf. g-'c— ( -by -A-2_ ,L Print Nam1t?ic„ Print Name r , 1 ,k_LE STATE OF FLORIDA COUNTY OF SEMINOLE The foregoing instrument was acknowledged and sworn to before me this / D Day of L.a.t.,, 2013 by f f,c fi 06/f b.se,th-c io is s not personally known to me, or has prod ; •• as identification. + y o s, Notary Public State of Florida / • , , • y Ina Michelle Boswell My Commission EE070690 �� 4 '�. o r Expires 04/00/2016 NOTARY PUBLIC STATE OF FLORIDA COUNTY OF SEMINOLE The foregoing instrument was acknowledged and sworn to before me this / 0 Day of c,n y, 2013 by 'b r,A/1t_Races.4,9 elltis not personally known to me, or has produced •,J as if entification. / // .. / Or° Notary Public State of Florida a ='�` Y CrA /. LID Ina Michelle Boswell O •RY PUBLIC • My Commission EE070690 h or p.d° Expires 04106/2016 5 WITNESSES CITY OF WINTER SPRING . ANTEE) .711.1.A Print Name Zp'ilV1 FtelctS By: Kij,rdn L. Sm. City Manager int Name ;_r1fiKf p . l STATE OF FLORIDA COUNTY OF SEMINOLE 31L foregoing instrument was acknowledged and sworn to before me this ��� day of Z, 2013 by Kevin L. Smith, City Manager of the City of Winter Springs Florida who (1 is not personally known to me, or has produced as identification. Dtpaitati,/ (AAKUI DANIELLE I COMMISSION NOTARY PUBLIC ?= MY CDMMISSIDN N EE 062248 EXPIRES:April 15,2015 Bonded Thru Notary Public Undorwrhwrp 6 • • EXHIBIT A Sketch and Description: THIS IS NOT A SURVEY Legal Description: THE WESTERLY (AS MEASURED PERPENDICULARLY) 10 FEET OF LOT 10. BLOCK N, NORTH ORLANDO RANCHES, SEC. 7, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 13, PAGE 3 OF THE PUBLIC RECORDS OF SEMINOLE COUNTY, FLORIDA. ENCOMPASSING 1,500 SQUARE FEET MORE OR LESS. Abbreviation Legend: (A) - ACTUAL A - DELTA COV'T - GOVERNMENT PC - POINT OF CURVATURE R3OE -RANGE 30 EAST APPROX - APPROXIMATE ID) - DEED IP - IRON PIPE PCC -POINT OF COMPOUND R -RADIUS AVG - AVERAGE (DE) - DEED EXCEPTION IR - IRON ROD CURVATURE RAD - RADIAL (BB) - BEARING BASIS DEPT - DEPARTMENT IR&C - IRON REBAR &CAP PCP - PERMANENT CONTROL POINT REC - RECOVERED BLDG - BUILDING Dill - DRAINAGE AND UTILITY L - ARC LENGTH PG -PACE REV - REVISION BM BENCH MARK EASEMENT LBp - LICENSED BUSINESS NUMBER PGS -PAGES RP -RADIUS POINT (C) - CALCULATED ELEV - ELEVATION IN) - MEASURED PI -POINT OF INTERSECTION R/W -RIGHT-OF-WAY C - CHORD EOP - EDGE OF PAVEMENT N&D - NAIL AND DISK POB -POINT OF BEGINNING SEC 2 - SECTION 2 CB - CHORD BEARING ESMT - EASEMENT NR - NON-RADIAL POD -POINT OF COMMENCEMENT SO - SQUARE COB M - CERTIFIED CORNER FOOT - FLORIDA DEPARTMENT OF NSI - NO SURVEYOR IDENTIFICATION POL - POINT ON LINE SO FT -SQUARE FEET RECORD NUMBER TRANSPORTATION NT - NON-TANGENT PRC -POINT OF REVERSE TB - TANGENT BEARING C/L - CENTERLINE FF - FINISH FLOOR OR - OFFICIAL RECORDS CURVATURE T2IO - TOWNSHIP 21 SOUTH CM - CONCRETE MONUMENT IND - FOUND ORB - OFFICIAL RECORDS BOOK PRM -PERMANENT REFERENCE (TOP) - TYPICAL CONC - CONCRETE FP&L - FLORIDA POWER AND LIGHT (P) - PLAT MONUMENT UE -UTILITY EASEMENT COR - CORNER (0) - GRID(STATE PLANE) PB - PLAT BOOK PT -POINT Of TANGENCY W/ -N1 TH FEC -FLORIDA EAST COAST RAILWAY' Surveyor's Notes: Surveyor's Certification: 1. "SURVEY MAP AND REPORT OR THE COPIES THEREOF ARE NOT VAUD WITHOUT THE I hereby certify that the attached "Sketch and SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR Description" of the hereon—described property is true and AND MAPPER." correct to the best of my knowledge, information and 2. "ADDITIONS OR DELETIONS TO SURVEY MAPS OR REPORTS BY OTHER THAN THE belief as prepared under my direction on February 25, SIGNING PARTY OR PARTIES IS PROHIBITED WITHOUT WRITTEN CONSENT OF THE SIGNING PARTY OR PARTIES." 2013. I further certif y and Description" that this "Sketch d D meets the minimum technical standards set forth in Rule 3. BEARINGS SHOWN HEREON ARE RELATIVE TO S59'09'09•E ALONG THE Chapter 5J-17 of the Florida Administrative Code. NORTHERLY UNE OF LOT 10. BLOCK N.NORTH ORLANDO RANCHES, SEC.7, AS RECORDED IN PLAT BOOK 13,PAGE 3 OF THE PUBLIC RECORDS OF SEMINOLE COUNTY,FLORIDA. 3. THE"LEGAL DESCRIPTION" HEREON WAS PREPARED BY THE SURVEYOR PER THE CLIENT'S REQUEST. 4. THIS SKETCH WAS PREPARED WITHOUT THE BENEFIT OF AN ABSTRACT OR OPINION For the Firm By OF TITLE.NO INSTRUMENTS OF RECORD REFLECTING EASEMENTS, RIGHTS-OF-WAY, Thomas J. Galloway PSM AND/OR OWNERSHIP WERE FURNISHED TO THIS SURVEYOR EXCEPT AS NOTED. 5. THIS IS NOT A BOUNDARY SURVEY, THIS SKETCH AND DESCRIPTION WAS PREPARED Professional Surveyor and Mapper FROM INFORMATION FURNISHED TO THE SURVEYOR,NO FIELD SURVEY WAS Florida Registration No. 6549 PERFORMED TO DEFINE OWNERSHIP. TITLE RINGaCX An.I"LICENSED NOT VALID 1MTHOUT EnR.CATE OF L.R.•LICENSLa ARCM Date: 2125113 Job No. W04154 C.0..1.•CERTIFICATE OF A tR110RIDITION An. ARCM FEICENSE SHEETS I AND 2 Of" 2, 1 v Lnn,Nq,.•L.INOSCAEE WA•NOT FICEIDA"COPYRIGHT Jf1GG1J M\ ` Of 1 Drawn by: RDB Scale: N/A File•WO4154SOD.DWG N��•Nt1ATRER P.O.•POSf OFFICE �•COPYRIC.Hi File: W04154 (C.O.A.No.3215) 500 West Fulton Street Sheet Architects (Lic.No.AA2600926) DRAINAGE EASEMENT Sanford,Florida 32771 Surveyors (L.B.No.7143) p O.Box 2808 SECTION 2•TOWNSHIP 21 30UTH•RANGE 30 EAST O Landscape Arch. (Lic.No.LC0000298) Sanford,Florida SEMINOLE COUNTY,FLORIDA _ Planners 32772-2808 Environmental Scientists Phone 407322-6841 1 of 2 Construction Management Fax 407330-0639 SKETCH AND DESCRIPTION Traffic/Transportation © 2013 • EXHIBIT A Sketch and Description: THIS IS NOT A SURVEY (.O. � Ricyr\`f° \ Of,,/tit,Q,ON 9 13 PG, Ss e3 s0°TyF Z y 9D J Ri> / 7 .0009��F I M°�T°ti LOT 11 5,5-.... <�N NORTH ORLANDO RANCHES 00 090 SEC. 7 p O boo 9 F o PB 13, PG 3 >\y O 40050. °• •BLOCK N y0 0 (AJ 4 O ' /1 EAST LINE LOT 11, 0 h^ LOT 10 s90, BLOCK N el, O0 NORTH ORLANDO RANCHES 70 09\ n3 SEC. 7 •00, Cq PB 13, PG 3 �o BLOCK N oo. ? WEST LINE LOT 10, BOCK N O ir(<,(.o) /1/ 09 00 1 0) GRAPHIC SCALE °9y° 2."' 50 25 50 100 �' - "1"11111111.11111111111111 LOT 9 NORTH ORLANDO RANCHES SEC. 7 ( IN FEET ) PB 13, PG 3 1 inch = 50 ft. BLOCK N TITLE Eng.•ENGINEERING CEA L.B.V LICENSED BUSINESS NOT VAUD MATHOUT Date: 2/25/13 Job No. W04154 C.O.A.•CCRTIENDSC LIE AUII!N/A•NIIJN Arch..ARCHITECTURAL LICENSED SHEETS 1 AND 2 OF 2• -- LnnA.�,.•LANDSMPE WA•N OFFICE APPLICABLE Lk. SHEETS /V, 2 OF !. I Drawnb : RDB Scale: 1"=50' File:wo4154 SODAWG No..NOME'? P.o.•POST OFFICE 0•CO�'t'RIGIlr y Engineers (C.O.A.No.3215) 500 West Fulton Street Sheet Architects (Lic.No.AA2600926) DRAINAGE EASEMENT Salford,Florida 32771 Surveyors (L.B.No.7143) P.O.Box 2808 SECTION 2-TOWNSHIP 21 SOUTH-RANGE 30 EAST 2 O Landscape Arch. (Lit.No.LC0000298) Planners Sanford,Florida SEMINOLE COUNTY,FLORIDA 32772-2808 Environmental Scientists 2 of 2 Phone Construction Management Fax 4 473322-G841 Traffic/Transportation nx07330-0639 SKETCH AND DESCRIPTION © 2013