HomeMy WebLinkAboutStarlight Baptist Church Underground Utility Easement - 2014 02 10 e
Prepared by and return to:
City of Winter Springs,Attn: City Manager
1126 East S.R.434
Winter Springs,FL 32708
UNDERGROUND UTILITY EASEMENT
THIS EASEMENT is made this day of , 2014
By:
The City of Winter Springs
Having a mailing address of:
1126 East S.R. 434,Winter Springs,FL 32708
(hereinafter called "Grantor") in favor of Starlight Baptist Church, Inc., having a mailing
address of 350 Haves Rd.,Winter Springs,FL 32708 ("Grantee").
WITNESSETH
WHEREAS, Grantor is the sole owner of certain real property located within the
City of Winter Springs near the northwest corner of the intersection of Hayes Road and
Bahama Road, more specifically parcel#26-20-30-5AR-OD00-091 A; 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 an underground sanitary
sewer force main and other incidental appurtenances and accessories related thereto
needed to provide sanitary sewer service to Grantor's property (collectively, the "Force
Main"); 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
Force Main; and
NOW, THEREFORE, in consideration of the enumerated 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:
a. Recitals. The foregoing recitals are hereby incorporated herein by this reference.
b. 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, an underground utility 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").
c. Purpose of Easement. It is the express purpose of this Easement to provide Grantee
ingress and egress rights to operate and maintain the Force Main over, under and
from the Property for the purposes stated herein, subject to the following conditions:
1. Grantor may request that Grantee relocate Grantee's Force Main and any related
facilities in the easement to a new location within the Grantor's property that is in
the vicinity of the easement area hereunder. Grantee shall pay all costs for the
relocation of Grantee's sanitary sewer facilities and the establishment of a new
easement location, on Grantor's property. Grantor shall not charge the Grantee a
fee for the establishment of a new easement location.
2. Grantee will agree to perform such relocation provided that, in advance of
relocation work: Grantor provides a new easement or amendment to this
easement, as applicable, in substantially similar form of this easement for the new
area, and the new area is acceptable to Grantee. Following receipt of such
easement, Grantee shall have a period of 120 days for relocation to the new
easement area, subject to delays outside of the control of Grantee.
3. In the event of such relocation, Grantee shall remove all abandoned sanitary
sewer facilities.
4. Grantee agrees to indemnify, defend and hold harmless Grantor and its employees
and officials from and against all claims, losses, damages, personal injuries, or
liability, arising from, out of, or caused by: Grantee, its officers, employees,
agents, or contractors, negligent or intentional acts, errors, omissions in the
placement, operation, maintenance, construction, repair of the facilities under this
easement, except to the extent of negligence or intentional wrongdoing of the
Grantor or its employees, officials or agents. Grantor shall be responsible for its,
and its employees and officials, own negligent or intentional acts and omissions.
5. Grantee agrees to and shall promptly restore, or cause to be restored the surface
and subsurface of the real property described herein to a condition substantially
similar to the condition said property was in prior to the performance of any use
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or work undertaken under this easement. Any such restoration shall be in a
workman-like manner.
d. 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 Property for ingress and egress and to construct, operate, and
maintain the Force Main under and across the Property for the benefit of
the Grantee; 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.
e. 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 Force Main 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 Force Main.
f. 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.
g. 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.
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h. 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.
i. 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.
j. 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.
k. Sovereign Immunity. Nothing contained in this Easement shall be construed as a
waiver of the Grantor's right to sovereign immunity under Section 768.28, Florida
Statutes, or other limitations imposed on the Grantor's potential liability under state
or federal law.
1. Modifications. This Easement shall only be modified by a written instrument
executed by the parties hereto or any successor, assigns heirs, or representatives
thereto.
m. 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.
n. 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.
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WITNESSES CITY OF WINTER S ' ' NGS (GRANTOR)
A li _Ali 1 Id- _
Print Name it By evin L. ' ith
City Manager
Print ame•- 1 ►' > -
STATE OF FLORIDA
COUNTY OF SEMINOLE
The foregoin_ instrument was acknowledged and sworn to before me this t/ day of
..,-',J1 of-, , 2014 by Kevin L. Smith, City Manager of the City of Winter Springs
Florida who q./is not personally known to me, or has produced
as identification.
1 : _I
A`.L$l tfi71 rail"
NOT' • CI;911 KATHRYN CLAPP
Notary Public-Slats of Florida
r., My Comm.balms Doe 11,2017
•/ Commission+~FF 075779
WITNESSES: STARLIGHT BAPTIST CHURCH,INC.
(GRANTEE)
2
P t ame /t.4 / earrn- By 4 teph ....-;
-
Larry en, '
ge�" '
�. � �. r Chairman of the Board of Trustees
Print Name 5%vet 0 1 ' o V
STATE OF FLORIDA
COUNTY OF SEMINOLE
The foregoing instrument was acknowledged and sworn to before me this A
day of January, 2014 by Larry D. Stephen as Chairman of the Board of Trustees for
Starlight Baptist Church, Inc., who is not personally known to me, or has produced a
valid Florida driver's license as identification.
Cr, )
„�+ Notary Public Stale o1 Florida NOTARY PUBLIC
aP Sonia K Qellemoita My commission expires: t03/05-/c: v �v
.VPIT EuP"031:21 18 172337 Y P �
5
EXHIBIT"A"
A PORTION OF LOT 104,DR.MITCHELL'S SURVEY,ACCORDING TO THE PLAT THEREOF AS
RECORDED IN PLAT BOOK 1,PAGE 5,PUBLIC RECORDS OF SEMINOLE COUNTY,FLORIDA,
BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCE AT THE SOUTHWEST CORNER OF LOT 3,BLOCK"A",NORTH ORLANDO
RANCHES SECTION 4,ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK
12,PAGE 35,PUBLIC RECORDS OF SEMINOLE COUNTY,FLORIDA;RUN THENCE
N00°53'23"W,ALONG THE WEST LINE OF SAID NORTH ORLANDO RANCHES SEC.4,A
DISTANCE OF 385.05 FEET FOR A POINT OF BEGINNING;THENCE S89°54'51"W A DISTANCE
OF 73.72 FEET;THENCE N00°05'09"W A DISTANCE OF 15.00 FEET TO THE SOUTH LINE OF
UNIT FIVE OF MOUNT GREENWOOD,ACCORDING TO THE PLAT THEREOF AS RECORDED IN
PLAT BOOK 40,PAGES 6 THROUGH 9,PUBLIC RECORDS OF SEMINOLE COUNTY,FLORIDA:
RUN THENCE N89°54'51"E ALONG SAID SOUTH LINE,A DISTANCE OF 73.51 FEET TO THE
SOUTHEAST CORNER OF SAID UNIT FIVE OF MOUNT GREENWOOD AND SAID WEST LINE
OF NORTH ORLANDO RANCHES SEC.4;THENCE S00°53'23"E,ALONG SAID WEST LINE,A
DISTANCE OF 15.00 FEET TO THE POINT OF BEGINNING
6
.
1 SKETCH OF DESCRIPTION
DESCRIPTION
A PORTION OF LOT 104, DR. MITCHELL'S SURVEY, ACCORDING TO THE PLAT THEREOF
AS RECORDED IN PLAT BOOK 1, PAGE 5, PUBLIC RECORDS OF SEMINOLE COUNTY,
FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCE AT THE SOUTHWEST CORNER OF LOT 3, BLOCK "A", NORTH ORLANDO RANCHES SECTION 4, ACCORDING
TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 12, PAGE 35, PUBLIC RECORDS OF SEMINOLE COUNTY,
FLORIDA; RUN THENCE NOO'53'23"W, ALONG THE WEST UNE OF SAID NORTH ORLANDO RANCHES SEC. 4, A
DISTANCE OF 385.05 FEET FOR A POINT OF BEGINNING; THENCE S89'54'51"W A DISTANCE OF' 73.72 FEET, THENCE
NO0'05'09"W A DISTANCE OF 15.00 FEET TO THE SOUTH LINE OF UNIT FIVE OF MOUNT GREENWOOD, 33'
ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT
BOOK 40, PAGES 6 THROUGH 9, PUBLIC RECORDS OF N89'06'37"_E_ 375.00' PLAT
SEMINOLE COUNTY, FLORIDA; RUN THENCE N89•54'51"E,
ALONG SAID SOUTH LINE, A DISTANCE OF 73.51 FEET TO THE
SOUTHEAST CORNER OF SAID UNIT FIVE OF MOUNT
GREENWOOD AND SAID WEST LINE OF NORTH ORLANDO
RANCHES SEC. 4; THENCE SOO'53'23"E, ALONG SAID WEST ,•- ' I LOT 2
LINE, A DISTANCE OF 15.00 FEET TO THE POINT OF
BEGINNING. a, BLOCK "A"
h NORTH ORLANDO RANCHES SEC. 4
CONTAINS AN AREA OF 1,104 SQUARE FEET, MORE OR LESS. N 61 PB 12, PG 35
\\ a o *N
UNIT FIVE OF MOUNT GREENWOOD I-
IN hI
PB 40, PG 6-9 o Q 3 `r a
\ o I
AT,‘ Q' ti N I SOUTHEAST CORNER, N d Q
�'c, ,' UNIT FIVE OF 'o 0 —
��\�!` o O I MOUNT GREENWOOD o EX
LOT 33 °Cvi LOT 32 o Z x
3 N89'54'51"E g 73.50' I W * N o
_ _ ,. 0 5.00' •_•T 11 w Q �..•
SOUTH LINE,? 00 Peg o Z
UNIT FIVE OF jnp O w IN
MOUNT GREENWOOD p^ P^ v
g S89'54 51 W 73.71 •g
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POB � I
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LOT 104 (DR. MICHELL'S SURVEY) h I Z
PB 1, PG 5 _ —
N89'O6'37"�375.00' PLAT
3
N ,.,�
PIN LOT 3 hI
L N it BLOCK "A" N
82 �$T NORTH ORLANDO RANCHES SEC. 4
PB 12, PG 35
S89'S4'51"W 375.04' PLAT
POC
SW CORNER
LOT 3, BLOCK "A" N
NORTH ORLANDO RANCHES SEC. 4
In
_ PB
ROAD
(50' R/W)
THIS SKETCH IS NOT A BOUNDARY SURVEY.
JOB #38227 pREpARED FUt STARLIGHT BAPTIST CHURCH REVISIONS
CF#SC12-35 LOT2dc3 BLKA SOD
DATE: 1/0, /2014, _BEARING STRUCTURE IS BASED ON THE MONUMENTED WEST R/W
SCALE: 1 = 30 LINE OF HAYES ROAD, BEING: SO0'53'23"E (PER PLAT)
DRAWN BY: YEB THIS SKETCH MEETS THE "MINIMUM TECHNICAL Ep�� _ LEGEND
STANDARDS" AS REQUIRED BY CHAPTER 5J-17, G1LC - CALCULATED CBW - CONCRETE BLOCK WALL
.//// 7 !lig CENT ERLINE CM - CONCRETE SEMEN T FLORIDA BOARD OF U1AiD SURVEYORS, PURSUANT GU///l// CLF - CHAIN UNK FENCE COW - COVERED
TO SECTION 472.027 OF THE FLORIDA STATUTES. LCPONC-CONCRETE C CONCRETE PAD DE - DRAINAGE EASEMENT
D - CENTRAL ANGLE DW - DRIVEWAY
�,, of Orlando Inc., LB 4475 DB - DEED BOOK ESMT- EASEMENT
�<�. ...iG'6s P - EDGE OF PAVEMENT FFE - FINISHED FLOOR ELEVATION
f J 2012 E. Robinson St. D - FOUND IP - IRON PIPE
Orlando, Florida 32803 I =IRO LLINGTH MEAS - MEASURED
MS - METAL SHED N&D - NAIL &DISK
www.AccurightSurveys.net - ORB - OFFICIAL BOOK
, Y PSM 6507 accusurvey®bellsouth.net PC PG - POINT OF CURVATURE p&M - PLAT&MEASURED
BFI.$ LIRE MD THE ORIGINAL°USED POB - POINT OF BEGINNING POC - POINT OF COMMENCEMENT
SEAL OF THIS FLORIDA LjC IVSED SURVEYOR MD;A.APPLT,.` - RIGHT OF WAY
PHONE (407) 894-6314 FAX (407) 897-3171 R - RADIUS
TYP - TYPICAL UB - UTILITY BOX
UE - UTILITY EASEMENT WF - WOOD FENCE
S:ISEMINISISC12-35-NURTYd'RLAN!IORANC SSEC4 83,=1kA tart tB-•got S C12 • :'BLKAS"a.•'";•:'"--'`,e7 •r T:_ 1 I- e• .I'V