HomeMy WebLinkAboutPhelopateer, LLC - 701 East State Road 434 Utility Easement - 2014 06 11 MARYONNE MORSE, EEMINOLE COUNTY
CLERK OF CIRCUIT COURT & COMPTROLLER
BK 08303 Po 17% - 1804; Om/
CLERIC' S # 2014082378
Prepared by and return to: RECORDED 07/P9/2014 09;38:18 AM
City of Winter Springs,Attn: City Manager REla1R1)t►W!7 FFE K 78.00
1126 East S.R.434 RECORDED BY T lisith
Winter Springs, FL 32708
PUBLIC UNDERGROUND UTILITY EASEMENT
THIS EASEMENT is made this lIi'4 day of June, 2014
By:
PHELOPATEER, LLC, a Florida limited liability company
Having a mailing address of:
701 East State Road 434, Winter Springs, Florida 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 701 East S.R. 434, Winter Springs, Florida; and
WHEREAS, Grantor desires to convey a non-exclusive underground utility
easement over and under 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,
at no cost or expense to Grantor, 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, for its underground improvements, an access easement over and
across, and an underground construction, operation 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 non-exclusive rights are conveyed the Grantee by this
easement:
a. To use the Property which is, and will continue to be a commercial parking
lot, 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 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
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 sole 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. Grantor 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 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,
and as a parking lot.
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.
4834-1279-9504 2 4
12908/0306
IN WITNESS WHEREOF, Grantor and Grantee set their respective hands on
the day and year above written.
GRANTOR:
PHELOPATEER, LLC,
a Florida limited liability company
WITNESSES:
By'
Name:Kamil F. Gowni
Print Name: 6";-wor/..1 Ctt4 rK Title: Manager
Print Name: I
STATE OF FLORIDA
COUNTY OF ORANGE
The foregoing instrument was acknowledged and sworn to before me this
day of June, 2014, by Kamil F. Gowni, as Manager of Phelopateer, LLC a Florida limited
liability company, on behalf of the company, who is is-not personally known to me,,er•-
NOTARY PUBLIC
4834-1279-9504 2 5
12908/0306
GRANTEE:
WITNESSES CITY OF WINTER SPRING )
-z ,
Print Name 6.-J4t,, r- /di By: , evin L. S .•
,, /--- City Manager
rint Name /7 A AA.
STATE OF FLORIDA
COUNTY OF SEMINOLE
The foregoing instrument was acknowledged and sworn to before me this 1C1 day
of TAL— , 2014 by Kevin L. Smith, City Manager of the City of Winter
Springs Florida who is/is not personally known to me, or has
produced as identification.
KATHRYN CLAPP
1 fr Notary Pc-SIMI of Florida
• , My Comm.Ensiles Oa 11,2017
Commission di FF 075779
--— —— --- ——Nis. —---—
4834-1279-9504 2 6
12908/0306
EXHIBIT "A"
4834-1279-9504 2 7
12908/0306
SKETCH OF LEGAL DESCRIPTION SHEET 1 OF 2
PARENT TRACT LEGAL DESCRIPTION:
Parts of Lots 30 and 51 plus vacated street between.Begin 25'North plus 50 feet West of the NE corner of Lot
51,Run South 72°38'37"West 437.1 feet,then North 17°21'33"West 190.5 feet,then North 72°38'37"East =
493.41 feet,then South 198.65 feet to the point of beginning(less road)ENTZMINGER FARMS ADDITION
NUMBERS 2,as recorded in Plat Book 5,Page 9 of the Public Records of Seminole County,Florida.
LESS AND EXCEPT:
Begin at a point 25.00 feet North and 50.00 feet West of the Northeast corner of Lot 51,Entzminger Farms
Addition No.2,according to the plat thereof as recorded in Plat Book 5,Page 9,Public Records of Seminole
County,Florida;thence South 72°38'37"West for a distance of 8.34 feet;thence North 00°5323"West along a
•
line 33.00 feet West of and parallel to the centerline of Hayes Road as described in O.R.Book 1042,Page 220,
Public Records of Seminole County,Florida,for a distance of 186.80 feet;thence South 54°0723"East for a
distance of 9.99 feet;thence South 00°53'23"East along the existing Westerly Right of Way line of said Hayes
Road for a distance of 178.46 feet to the POINT OF BEGINNING.
15'WIDE UTILITY(WATER)EASEMENT LEGAL DESCRIPTION:
BEGIN AT THE NORTHWEST CORNER OF THE ABOVE DESCRIBED PARENT TRACT,THENCE RUN
N72°38'37"E,ALONG THE SOUTHERLY R/W OF LONGWOOD OVEIDO ROAD,A DISTANCE OF 57.57
FEET;THENCE RUN S17°21'23"E,ALONG A LINE PARALLEL TO THE WESTERLY BOUNDARY LINE OF
SAID PARENT TRACT,A DISTANCE OF 90.60 FEET;THENCE N72°38'37"E 35.18 FEET;THENCE
S17°21'23"W A DISTANCE OF 30.00 FEET;THENCE S72°38'37"W,ALONG A LINE PARALLEL TO THE
SOUTHERLY BOUNDARY LINE OF SAID PARENT TRACT,A DISTANCE OF 15.00 FEET;THENCE
N17°21'23"W A DISTANCE OF 15.00 FEET;THENCE S72°38'37"W A DISTANCE OF 35.18 FEET;THENCE
N17°21'23"W A DISTANCE OF 90.60 FEET;THENCE S72°38'37"W A DISTANCE OF 42.57 FEET;THENCE
N17°21'23"W,ALONG THE WEST BOUNDARY OF SAID PARENT TRACT,A DISTANCE OF 15.00 FEET TO
THE POINT OF BEGINNING.
SURVEYOR'S NOTES:
1)LEGAL DESCRIPTION WAS FURNISHED BY THE CLIENT OR HIS/HER AGENT.
2)THE UNDERSIGNED SURVEYOR WAS NOT FURNISHED A TITLE COMMITMENT
THERE MAY BE RECORDED OR UNRECORDED DEEDS,EASEMENTS OR OTHER
INSTRUMENTS THAT COULD AFFECT THE BOUNDARY AND/OR USES OF THIS
PROPERTY,
3)THIS IS NOT A BOUNDARY SURVEY
4)STATED LEGAL PURPOSE OF SKETCH HEREON:CREATION OF EASEMENT
5)ALL MEASUREMENTS HEREON ARE BASED ON U S.STANDARD DECIMAL
FEET
8)THIS SKETCH IS NOT INTENDED TO DETERMINE OR REFLECT OWNERSHIP
7)ADJOINING LOTS SHOWN HAVE NOT BEEN SURVEYED.
8) BEARING S ARE BASED UPON THE SOUTH RNV UNE OF LONGWOOD OVEIDO
ROAD ASSUMED AS BEING N72°38'37"E AND LABELLED"BB"
9)IT IS THE INTENT OF ALL POINTS SURVEYING&MAPPING,LLC TO ,
COPYRIGHT THIS SKETCH.NO PART OF THIS SKETCH MAY BE REPRODUCED ..,
VIA ANY MEDIUM WITHOUT THE EXPRESS WRITTEN CONSENT OF ALL POINTS 1'1'''s'.'••. _
SURVEYING&MAPPING,INC 1, AP:,
10)ADDITIONS OR DELETIONS TO THIS SKETCH WITHOUT PERMISSION FROM `, _A.o ,
ALL POINTS SURVEYING&MAPPING,INC.IS PROHIBITED BY LAW .s•• \.,•�e
11)THIS SKETCH IS NOT COMPLETE WITHOUT BOTH SHEETS. , ' + j.
y,� i`�/y •^r.. LEGEND&SO ABBREVIATIONS PT POINT OF TANGENCY
S U RL E�Y'UA1TE. 04/21/204% - AKA =ALSO KNOWN AS GV =GATE VALVE PU PUBLIC UTILITIES REVISIONS
JOB# _ BB =BASIS OF BEARINGS IRC =IRON ROD WITH CAP (R) FROM FROM RECORD
JOB# 14-043 " - BSL =BUILDING SETBACK LINE LP =MEASURED RED RCP REINFORCED CONCRETE PIPE
d y� .� J'�( CB =CATCH BASIN (M) =MEASURED RNV RIGHT OF WAY
,_ ♦ CM =CONCRETE MONUMENT N/D .NAIL AND DISK SIR SET IRON ROD WITH CAP LB7780-
ALL POINTS NbTVI..ID•WITHOUT HE SIGNATURE AM THEIDR(CAALHAISED CMP:CORRUGATED METAL PIPE OHW=OVERHEAD WIRE TOE TOP OF BANK
S�A.L OF A FL RI A'!.ICENSED 3VRVEYORAN191GGA ER CO =CLEAN CONCRETE ORB=OFFICIAL RECORD BOOK
UE UTILITY EASEMENT
SURVEYING&MAPPING,LLC DI =CONCRETE PS =FROM BOOK UP UTILITY POLE
(D) =FROM DEED DESCRIPTION PS =PLAT BOOK UR UTILITY RISER
N.L._ 1395 CROMEY RD NE PROFS- NPA SURVEYOR AND MAPPER IN RESPONSIBI, CHARGE: DE =DRAINAGE EASEMENT PC =POINT OF CURVATURE UR -WATER METER
I D T1=LAHER FLORID TI FICATE SO. 364 EL =ELEVATION PCC =POINT OF COMPOUND CURVE WM -WATER VALVE WV/r\ PALM BAY,FL 32905 A` EP =EDGE OF PAVEMENT PG =PAGE
(321)210-0845 ♦4 A FH =FIRE HYDRANT PI =POINT OF INTERSECTION R RADIUS
' �/
S +. (y/J�� J FIR =FOUND IRON PIPE POB =POINT OF BEGINNING ARC LENGTH
DeVe�L87780 / /./V-�_�`{ Q -CENTRAL ANGLE
.1 > FIR =FOUND IRON ROD POC =POINT OF COMMENCEMENT
I LB7780 ' "1 '-'141 j'y'RE.$YAtrE` _ -FOUND PRY, =POINT OF REVERSE CURVE CENTERLINE ,
�}dr� r'
SKETCH OF LEGAL DESCRIPTION SHEET 2 OF 2
UTIUTY(WATER)EASEMENT
POINT OF BEGINNING:
NW CORNER OF PARENT TRACT
..'„ o B.B. N7 '38'37"E 493.41' DESCRIPTION AND MEASURED EXISITNG R/W
o rL57.57' PROPOSED R W
U'1 UTIUTY(WATER)EASEMENT
42.57' c�
0
<o
ID 0)
80
rn , w
W N fn
G'
3
/
N n Fi
r N
N n
r3 z 3518'
3
a) [ '
o
z 35.18 00 4M ,+
a 15.00
Z6 .
N
w
0
in .
d
rn
•
PARENT TRACT
POINT OF BEGINNING:
"25'North plus 50 feet Weet of the NE corner of Lot 51,"
• •s w .
411.■ l7i:
SURVEYOR'S NOTES:
1)LEGAL DESCRIPTION WAS FURNISHED BY THE CLIENT OR HIS/HER AGENT PARENT -n D
2)THE UNDERSIGNED SURVEYOR WAS NOT FURNISHED A TITLE COMMITMENT *OF COMMENCEMENT:
THERE MAY BE RECORDED OR UNRECORDED DEEDS.EASEMENTS OR OTHER NORTHEAST CORNER OF LOT 51,
INSTRUMENTS THAT COULD AFFECT THE BOUNDARY AND/OR USES OF THIS ENTZMINGER FARMS ADDITION NUMBER 2. h
PROPERTY. Plat Book 5,Page 9 of the Pudic Records of Seminole County,Flonda N
3)THIS IS NOT A BOUNDARY SURVEY A
4)STATED LEGAL PURPOSE OF SKETCH HEREON CREATION OF EASEMENT
5)ALL MEASUREMENTS HEREON ARE BASED ON U.S.STANDARD DECIMAL
FEET
6)THIS SKETCH IS NOT INTENDED TO DETERMINE OR REFLECT OWNERSHIP.
7)ADJOINING LOTS SHOWN HAVE NOT BEEN SURVEYED
8) BEARING S ARE BASED UPON THE SOUTH RAN LINE OF LONGWOOD OVEIDO
ROAD ASSUMED AS BEING N72°38'37"E AND LABELLED"BB".
9)IT IS THE INTENT OF ALL POINTS SURVEYING&MAPPING,LLC TO s v:::.,
COPYRIGHT THIS SKETCH.NO PART OF THIS SKETCH MAY BE REPRODUCED •
VIA ANY MEDIUM WITHOUT THE EXPRESS WRITTEN CONSENT OF ALL POINTS ' �, -7't n s
SURVEYING&MAPPING,INC.
•
10)ADDITIONS OR DELETIONS TO THIS SKETCH WITHOUT PERMISSION FROM .••• �',• - r,`
ALL POINTS SURVEYING&MAPPING,INC.IS PROHIBITED BY LAW. -vt t R.•,..1 .r`•11)THIS SKETCH IS NOT COMPLETE WITHOUT BOTH SHEETS. ., _. / '..
<'
LEGEND ALSO WN AS ABBREVIATIONS PT _POINT OF TANGENCY
_NOT TO SCALE SURVEY BATE:' O4IZ1IZO14 AKA -ALSO KNOWN AS GV =GATE VALVE PU PUBLIC UTILITIES REVISIONS
JOB _ _ BB BASIS OF BEARINGS IRC =IRON ROD WITH CAP
JOB# 14-043 Fa �' v ^ W s' BUILDING
ATCDH BASIN TBACK LINE LP =LIGHT POLE
M) =MEASURED R) -FROM FROM RECORD
RCP REINFORCED CONCRETE PIPE
�_'+,� CM CONCRETE MONUMENT N/D =NAIL AND DISK
R/W RIGHT OF WAY
A n- I - SIR SET IRON ROD WITH CAP LB7780
NOT VAULT WI?,)-IOUI�1jlk°S10N�T�fFE ICAD THE ORIGINAL RIMED CMP CORRUGATED METAL PIPE ORB=OVERHEAD WIRE TOB TOP OF BANK
ALL POINTS CO -CLEAN OUT ORB=OFFICIAL RECORD BOOK UE UTILITY EASEMENT
SEAL•OF AFLORIDA LICENSED SURVEYOR AND MAPPQQ 10) PROM DEED CONCRETE (Pl =FROM PLAT
SURVEYING&MAPPING,LLC (D) -FROM D DESCRIPTION PB =PLAT BOOK UP UTILITY POLE
\L/ 1395 CROMEY RD NE PROFESSIONA SURVEYO ND MA,P RESPONSIBLECHARGE. DE -DRAINAGE EASEMENT PC =POINT OF CURVATURE UR UTILITY RISER
D DT HERTY POONA EL ELEVATION PCC =POINT OF COMPOUND CURVE WM WATER METER
/'\ PALM BAY,FL 32905 IFI TE Ng LS6364 EP -EDGE OF PAVEMENT PG =PAGE WV -WATER VALVE
(321)210-6845 FH -FIRE HYDRANT PI =POINT OF INTERSECTION R RADIUS
S DBVa 1)210-084 COrt /� FIP -FOUND IRON PIPE POB =POINT OF BEGINNING ARC LENGTH
—`%/`G/"` / POC =POINT OF COMMENCEMENT CENTRAL ANGLE
LB7780 =NATURE&DATE , FIR -`0:ND IRON R00 CENTERLINE
FIR _ Nn PRC =POINT OF REVERSE CURVE