HomeMy WebLinkAboutPhelopateer, LLC - 701 East State Road 434 Cross Access Easement - 2014 06 11 MARYt#N I MORSE, S EMIMLE CULNYTY
CLERK OF CIRCUIT COURT 4 COMPTROLLER
8K 0,1303 NI U30 - 1813$1813; (Spas)
CLERK' S # 2014082379
Prepared by and return to: RECORDED 07/29/2014 09t3811S AM
City of Winter Springs,Attn: City Manager RECORPINti FEES 78.00
1126 East S.R. 434 REC001:1) HY T Sioith
Winter Springs,FL 32708
CROSS ACCESS EASEMENT
THIS EASEMENT is made this J4i 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 cross access easement over, and across
a portion of its real property, as legally described herein, for purposes of allowing public
ingress and egress to adjacent properties and right-of-ways; and
WHEREAS, Grantor and Grantee believe that this cross access easement is in the
best interest of the public health, safety, and welfare of the citizens of Winter Springs and
Seminole County.
4834-1279-98042
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 non-exclusive cross access easement over 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 and the public unconditional ingress and egress 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 over 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 take any civil action deemed necessary, at the Grantee's sole and
absolute discretion, to protect and preserve the Easement granted
hereunder.
5) Easement Runs 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.
4834-1279-9504 2 2
12908/0306
6) 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.
7) 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 the Easement.
8) 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.
9) 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.
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.
10) 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.
11) 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.
4834-1279-9504 2 3
12908/0306
12) 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.
13) Modifications. This Easement shall only be modified by a written instrument
executed by the parties hereto or any successor, assigns heirs, or representatives
thereto.
14) 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, pavement, and as
a parking lot.
15) 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
[2908/0306
GRANTOR:
PHELOPATEER, LLC,
a Florida limited liability company
WITNESSES: (�
By:
Print N. , a. i! C/eL Cie" Name:Kamil F. Gowni
Title: Manager
Print ame: -11V
STATE OF FLORIDA
COUNTY OF ORANGE
The foregoing instrument was acknowledged and sworn to before me this -1-f4
day of June, 2014, by Kamil F. Gowni, as Manager of Phelopateer, LLC, a Florida
limited liability company, on behalf of the company, ho is 'o not personally known to
met o •• .c-• 'a- • . ,.:y
NOTARY PUBLIC
�adY P�'' G.EDWARD CLEMENT
MY COMMISSION#DD 997240
,
_"9•4.: EXPIRES:September 30,2014
Q
oF�;°.�` Bonded Thru Notary Public Underwriters
4834-1279-9504 2 5
12908/0306
GRANTEE:
WITNESSES CITY OF WINTER SPRINGS
Ite-C2/1-
Print Name i f,•e��is By: K in L. Sm.
City Manager
Print Name '7ylc4
STATE OF FLORIDA
COUNTY OF SEMINOLE
The foregoing instrument was acknowledged and sworn to before me this /1 day
of Ti)(\Q, , 2014 by Kevin L. Smith, City Manager of the City of Winter
Springs Florida who is/is not personally known Ito me, or has
produced as identification.
.U<MUMMOMMOPPWRIMMI /q/
My Comm. os Dec 11.2017
'•w?;,a��,,.•� Commission I FF 075779
4834-1279-9504 2 6
12908/0306
EXHIBIT "A"
4834-1279-9504.2 7
12908/0305
• 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 comer 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°53'23"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°07'23"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.
CROSS ACCESS EASEMENT LEGAL DESCRIPTION:
COMMENCE AT THE NORTHWEST CORNER OF THE ABOVE DESCRIBED PARENT TRACT,THENCE RUN N72°38'37"E,ALONG THE SOUTHERLY RAN OF LONGWOOD OVEIDO ROAD,A
DISTANCE OF 22.08 FEET TO THE POINT OF BEGINNING;THENCE CONTINUE N72°38'37"E,ALONG SAID SOUTHERLY RNVA DISTANCE OF 39.14'TO A POINT OF CURVATURE,OF A
NON-TANGENT CURVE,CONCAVE EASTERLY,HAVING A CHORD BEARING OF S03°21'32"W,A RADIUS OF 30.00 FEET AND A CENTRAL ANGLE OF 41°45'14';THENCE SOUTHERLY
ALONG THE ARC OF SAID CURVE 21.86 FEET TO A POINT OF CONCAVE CURVATURE,OF A TANGENT CURVE,CONCAVE NORTH,HAVING A CHORD BEARING OF S62°06'47"E,A
RADIUS OF 10.00'AND A CENTRAL ANGLE OF 90°29'00",THENCE SOUTHERLY ALONG THE ARC OF SAID CURVE 15.79 FEET;THENCE N72°38'37"E A DISTANCE OF 107.99 FEET;
THENCE N88°13'41"E A DISTANCE OF 48.04 FEET;THENCE N72°38'37"E A DISTANCE OF 177.76'TO A POINT OF CURVATURE OF A TANGENT CURVE,CONCAVE SOUTHWESTERLY,
HAVING A RADIUS OF 34.00 FEET AND A CENTRAL ANGLE OF 106°28'03";THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE A DISTANCE OF 63,18 FEET;THENCE
S00°53'23"E A DISTANCE OF 48.59'TO A TANGENT CURVE,CONCAVE NORTHEASTERLY,HAVING A RADIUS OF 12.00 FEET AND A CENTRAL ANGLE OF 102'48'51"; THENCE
EASTERLY,ALONG THE ARC OF SAID CURVE A DISTANCE OF 21.53 FEET TO A POINT OF COMPOUND CURVATURE OF A TANGENT CURVE,CONCAVE NORTHERLY,HAVING A
RADIUS OF 30.00 FEET AND A CENTRAL ANGLE OF 21°57'19";THENCE EASTERLY,ALONG THE ARC OF SAID CURVE A DISTANCE OF 11.50 FEET TO THE WEST RIGHT-OF-WAY LINE
OF'IAYES ROAD;THENCE S00°53'23"E,ALONG SAID WEST RIGHT-OF-WAY LINE A DISTANCE OF 39.35 FEET TO A POINT OF CURVATURE OF A NON-TANGENT CURVE,CONCAVE
SOUTH,HAVING A CHORD BEARING OF N67°49'37"W,A RADIUS OF 35.00 FEET AND A CENTRAL ANGLE OF 36°13'03";THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE
22.12 FEET;THENCE S89°06'40"W A DISTANCE OF 34.01 FEET;THENCE N00°53'23"W A DISTANCE OF 83.57 FEET TO A POINT OF CURVATURE OF A TANGENT CURVE,CONCAVE
SOUTHWEST,HAVING A RADIUS OF 10.00 FEET AND A CENTRAL ANGLE OF 106°28'03";THENCE NORTHWESTERLY 18.58 FEET,ALONG THE ARC OF SAID CURVE;THENCE
S72°38'37"W A DISTANCE OF 176.22 FEET;THENCE S85°13'41"W A DISTANCE OF 48.04 FEET;THENCE S72°38'37"W A DISTANCE OF 173.19 FEET TO THE WEST BOUNDARY LINE OF
SAID PARENT TRACK;THENCE N17°21'23"W,ALONG SAID WEST BOUNDARY,A DISTANCE OF 24.00 FEET;THENCE N72°38'37"E A DISTANCE OF 19.66 FEET TO A POINT OF
CURVATURE OF A TANGENT CURVE,CONCAVE NORTHWESTERLY,HAVING A RADIUS OF 10.00 FEET AND A CENTRAL ANGLE OF 90°23'56";THENCE NORTHERLY ALONG SAID ARC
A DISTANCE OF 15.78 FEET TO A POINT OF COMPOUND CURVATURE OF A TANGENT CURVE,CONCAVE WEST,HAVING A RADIUS OF 30.00 FEET AND A CENTRAL ANGLE OF
41°45'50";THENCE NORTHERLY,ALONG THE ARC OF SAID CURVE,21.87 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)BEARINGS ARE BASED UPON THE SOUTH RAN 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 1� �
VIA ANY MEDIUM WITHOUT THE EXPRESS WRITTEN CONSENT OF ALL POINTS `�� '' ,�.•i • i '.
SURVEYING&MAPPING,INC. ({ +�
10)ADDITIONS OR DELETIONS TO THIS SKETCH VWTHOUT PERMISSION FROM '..''• • \C"`"-b,/ •• .0'
ALL POINTS SURVEYING&MAPPING,INC.IS PROHIBITED BY LAW. .%5
11)THIS SKETCH IS NOT COMPLETE WITHOUT BOTH SHEETS. i1 • '
SIZE -, : 1_0,44a/7014 _r LEGEND A ABBREVIATIONS PT POINT OF TANGENCY
TOK AKA ALSO KNOWN AS GV GATE VALVE REVISIONS
� BB BASIS OF BEARINGS IRC IRON ROD WITH CAP PU PUBLIC UTILITIES
# • _'
(1.7 • f 1 BSL BUILDING SETBACK LINE LP LIGHT POLE (R) FROM FROM RECORD
JOB# 14-043 .����y3-: CM CONCRETE MONUMENT NM NAIL AND DISK RCP REINFORCED CONCRETE PIPE
-' RM/ RIGHT OF WAY
A ,+ OHIO OVERHEAD WIRE
SIR SET IRON ROD WITH CAP LB7780
ALL POINTS I LID WITHOUTTHEICENSEQcAND' RIGML4LRAISED CMP CORRUGATED UE TOP OF BARK
-YA•w' CO CLEAN OUT ORB OFFICIAL RECORD BOOK UE UTILITY EASEMENT
SURVEYING&MAPPING,LLC OF,A FLORIDA LIOENS RVEVOR ND{v1APPER CONC CONCRETE P) FROM PLAT
(D) FROM DEED DESCRIPTION
PPG' PIAT BOOK UP UTILITY POLE
/_ 1395 CROMEY RD NE PROFESSfit.SURVEY AND MAPPER IN RESPONSIBLE CHARGE: DE DRAINAGE EASEMENT PC -POINT OF CURVATURE UR UTILITY RISER
T1JI` EL ELEVATION PCC POINT OF COMPOUND CURVE WV WATER METER
!{\ PALM BAY,FL 32905 'DAVI RAHERTY FLORIDA CERTIFICATE NO.L58384 WV WATER VALVE
RADIUS
(. EP EDGE OF PAVEMENT PG PAGE
EIGNT\1 E 8 DATE(321)210.0845 FH FIRE HYDRANT PI POINT OF INTERSECTION R L ARC LENGTH
S M Deve�PJIPdMeSM.com
LB7780 • � ' FIP FOUND IRON PIPE POB POINT OF BEGINNING CENTRAL ANGLE
'v' bb .i 3 FIR FOUND IRON ROD
FND FOUND POC POINT OF COMMENCEMENT
PRC POINT OF REVERSE CURVE CENTERLINE
.SKETCH OF LEGAL DESCRIPTION SHEET 2 OF 2 .
I
ROBS ACCESS EASEMENT
POINT OF COMMENCEMENT:
NW CORNER OF PARENT TRACT
ROSS ACCESS EASEMENT
POINT OF BEGINNING
„e,
L.33 N72°38'37"E B.S.)iN72'38'37"E 493.41` DESCRIPTION AND MEASURED EXISITNG R/W ,,,,
22.08' a o'° 38.14' /
PROPOSED R/W
M • I
°L=15.78' -
072°38'37"E £90°23'56" N72°3537"E
2 19.86' R=10.00' 107 99' N85°13'41
E
n L=15.79' 48.p4• N72°38'374E
R=1208' 177.78' ,o 4.
S72°38'37'W L=18.56' BJ
173 19' �5°13'41ryy `'108°28'03"
R=10.00'
98,pq• S72'38'37"W '
178.22 l"
a �••i
a
W
3 4u
I r p
6 Z 'r L=11.50
F 1 '4..' =21°57'19"
a .00• 672°38'3 E R=30.00'
wo 369
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O •RL3S PO NTNOF BEGINNING:
0) 00, "25'North plus 50 feet West of the NE corner of Lot 51;
'.- • • w •
SURVEYOR'S NOTES: $0.0•'
1)LEGAL DESCRIPTION WAS FURNISHED BY THE CLIENT OR HIS/HER AGENT.
2)THE UNDERSIGNED SURVEYOR WAS NOT FURNISHED A TITLE COMMITMENT. POINT OF COMMENCEMENT: A
THERE MAY BE RECORDED OR UNRECORDED DEEDS,EASEMENTS OR OTHER NORTHEAST CORNER OF LOT 51, q
INSTRUMENTS THAT COULD AFFECT THE BOUNDARY AND/OR USES OF THIS ENTZMINGER FARMS ADDITION NUMBER 2,
PROPERTY. Plat Book 5,Pepe 9 of the Pudic Records of Seminole County,Florida.
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.
B)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 938'37"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 \'n4,5 . •:,'
VIA ANY MEDIUM WITHOUT THE EXPRESS WRITTEN CONSENT OF ALL POINTS ;\ F .A '•,j•
SURVEYING&MAPPING,INC. t .
10)ADDITIONS OR DELETIONS TO THIS SKETCH WITHOUT PERMISSION FROM •••' • y .
ALL POINTS SURVEYING&MAPPING,INC.IS PROHIBITED BY LAW. =\ %` •--v"''it.:/I - /�_
11)THIS SKETCH IS NOT COMPLETE WITHOUT BOTH SHEETS. "' • Jy T �'. •
NOT TO SCALE SI 7o�C O4I25/2 14 LEOENDB ABBREVIATIONS PT POINT OF TANGENCY
AKA ALSO SO KNOWN AS GV GATE VALVE PU PUBLIC UTILITIES REVISIONS
# _ ` BB BASIS OF BEARINGS IRC IRON ROD WITH CAP
BSL JOB# 14-043 — ���° L �v^ c) '_ CATCH BASIN SE SETBACK LINE LP LIGHT POLE
M) MEASURED RC(R) FROM FROM
RCP REINFORCED D CONCRETE PIPE
A CM CORRUGATMONUMENT D LP N/D NAIL E HE DISK
RAN RIGHT OF WAY
_ • p� ry�� 'd(_ • S j - SIR SET IRON ROD WITH CAP LB7780
MOT ID IMTH�{i` Hl1CIONDSTURE AND THE°O INAt RAISED CMP-CORRUGATED METAL PIPE ORB OVERHEAD WIRE TOB TOP OF BANK
ALL POINTS CO CLEAN OUT ORB OFFICIAL RECORD BOOK UE UTILITY EASEMENT
SURVEYING&MAPPING,LLC LOkAFLORIDALICENSEDSURVEYORANDA1AePER (D) CONCRETE (P) FROM PLAT
" (D) FROM DEED DESCRIPTION PB PLAT BOOK UP UTILITY POLE
\I/ 1395 CROMEY RD NE PROMS LSURVEYS?ADP M IN AESQPONSIBLE CHARGE: "- DE DRAINAGE EASEMENT PC POINT OF CURVATURE UR UTILITY RISER
Sa#JA 7 L WM WATER METER
/I. PALM BAY,FL 32905 -.Dry'ryr�FLAHER'fV•F {IQA RTIFIOATE NO.{S63., EL ELEVATION OIF PAVEMENT PGC POINT OF COMPOUND CURVE RADIUS VALVE
WV WATER 321 210.0845 (I/J/ EP EDGE OF PAVEMENT PG PAGE R RADIUS
(321) FH FIRE HYDRANT PI POINT OF INTERSECTION L ARC LENGTH
�A DeVBGALB77f9SM.COm �� � ��� p��+'^ FIP FOUND IRON PIPE POE POINT OF BEGINNING
,v' J a_'r / 7' FIR FOUND IRON ROD POC -POINT OF COMMENCEMENT CENTRAL ANGLE
LB7780 T\ CENTERLINE
SaATURE&DAjS' • FND FOUND PRC POINT OF REVERSE CURVE C".