HomeMy WebLinkAbout2016 06 13 Consent 304 Vistawilla ALF VacateCOMMISSION AGENDA
ITEM 304
REQUEST:
Informational
Consent
X
Public Hearings
Regular
June 13, 2016 KS RS
Regular Meeting City Manager Department
The Community Development Department, Planning Division, is requesting that the City
Commission consider Resolution 2016 -11, which proposes the conditional vacation of
a portion of a ten -foot (10') utility easement on property located on the site of the recently
approved Vistawilla Assisted Living Facility (ALF); of which the Final Engineering Plans
were approved by the City Commission at the February 22, 2016 meeting.
SYNOPSIS:
On February 22, 2016, the City Commission approved a Final Engineering Plan for a
77,207 square foot Assisted Living Facility (ALF) located on the south side of SR 434, west
of the intersection of SR 417 and SR 434. The Final Engineering Plans were approved
subject to the successful relocation of easements on site. Following the approval of the Final
Engineering Plan, the applicant submitted an application for the vacation of a portion of a
ten -foot (10') utility easement. Resolution 2016 -11 proposes the conditional vacation of a
portion of a ten -foot (10') utility easement on the site of the proposed ALF in order to
permit the owner to develop the property in accordance with the approved Final
Engineering Plan.
CONSIDERATIONS:
APPLICANT AND PROPERTY INFORMATION:
. Applicant name and address and authorized representative: Valerie Stoker Litschgi,
Esq, 601 Bayshore Boulevard, Suite 700, Tampa, FL 33606.
. Property owner's name(s): Vistawilla ALF, LLC and Vistawilla Office Center, LLC.
Consent 304 PAGE 1 OF 3 - June 13, 2016
. Property addresses: 1511 E. SR 434
. Property Parcel ID number: 31- 20- 31 -5BB- 0000 -019F and 05- 21 -31- 300 -002C -0000
. Current FLUM Designations: Commercial
. Current Zoning Designations: PUD (Planned Unit Development)
. Previously Approved Development permits such as conditional use, waiver, or
variance if any): None
. Development Agreements (if any): Developer's Agreement by and between Robert
Yeager, trustee, and the City of Winter Springs dated April 13, 1998 and recorded
May 13, 1998 in Official Records Book 3424, Page 0611, of the Public Records of
Seminole County, Florida, First Modification of Developer's Agreement dated
February 27, 2006 and recorded March 8, 2006 in Official Records Book 6151, Page
42, Second Modification of Developer's Agreement dated June 12, 2006 and recorded
June 27, 2006 in Official Records Book 6304, Page 36, Third Modification of
Developer's Agreement dated December 18, 2006 and recorded January 19, 2007, in
Official Records Book 6561, Page 0610, Fourth Modification of Developer's
Agreement dated March 27, 2007 and recorded April 4, 2007, in Official Records
Book 6656, Page 0823, Fifth Modification of Developer's Agreement dated October
29, 2007, and recorded in Official Records Book 6858, Page 1286., Sixth
Modification of Developer's Agreement dated November 16, 2015, and recorded in
Official Records Book 8585, Pages 406 -410.
. Pending Code Enforcement Actions (if any): No known pending Code Enforcement
actions
. City Liens if any): No known liens
Resolution 2016 -11 proposes the conditional vacation of a portion of a ten -foot (10')
utility easement on the site of the proposed Vistawilla ALF in order to permit the owner to
develop the property in accordance with the approved Final Engineering Plan. A force
main currently exists within the portion of the utility easement which is proposed for
vacation. In exchange for the City vacating a portion of the easement, the property owner
has agreed to grant the City a Cross Access Easement and a Public Underground Utilities
Easement that allow access to and from a different portion of the subject property so the
City can continue to maintain utilities to and from the subject property. The
aforementioned force main that currently exists within the portion of the utility easement
will be relocated by the applicant as part of their sitework to an area within the new
easements.
The applicant has obtained letters of approval from applicable utility providers. Vacation
of a portion of the ten -foot (10') utility easement to permit construction of the ALF does not
impact any additional necessary infrastructure.
FISCAL IMPACT:
Consent 304 PAGE 2 OF 3 - June 13, 2016
There is no fiscal impact associated with this agenda item.
COMMUNICATION EFFORTS:
This Agenda Item has been electronically forwarded to the Mayor and City Commission,
City Manager, City Attorney /Staff, and is available on the City's Website, LaserFiche, and
the City's Server. Additionally, portions of this Agenda Item are typed verbatim on the
respective Meeting Agenda which has also been electronically forwarded to the individuals
noted above, and which is also available on the City's Website, LaserFiche, and the City's
Server; has been sent to applicable City Staff, Media/Press Representatives who have
requested Agendas /Agenda Item information, Homeowner's Associations/Representatives
on file with the City, and all individuals who have requested such information. This
information has also been posted outside City Hall, posted inside City Hall with additional
copies available for the General Public, and posted at six (6) different locations around the
City. Furthermore, this information is also available to any individual requestors. City Staff
is always willing to discuss this Agenda Item or any Agenda Item with any interested
individuals.
RECOMMENDATION:
Staff recommends approval of Resolution 2016 -11, which proposes the conditional vacation
of a portion of a ten -foot (10') utility easement on property located on the site of the recently
approved Vistawilla Assisted Living Facility (ALF), of which the Final Engineering Plans
were approved by the City Commission at the February 22, 2016 meeting.
ATTACHMENTS:
A. Resolution 2016 -11
Consent 304 PAGE 3 OF 3 - June 13, 2016
Attachment "A"
RESOLUTION NO. 2016 -11
A RESOLUTION OF THE CITY COMMISSION OF WINTER
SPRINGS, FLORIDA RELATING TO THE CONDITIONAL
VACATION OF A PORTION OF 10 -FOOT UTILITY EASEMENT
WITHIN THE CITY OF WINTER SPRINGS LOCATED ON TAX
PARCELS 31 -20 -31 -5BB- 0000 -019F AND 05- 21 -31- 300 -002C -0000,
AS RECORDED IN O.R. BOOK 4437, PAGE 356, PUBLIC
RECORDS IN AND FOR SEMINOLE COUNTY, FLORIDA;
PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT
RESOLUTIONS; SEVERABILITY; AND AN EFFECTIVE DATE.
WHEREAS, the owner of real property (the "Owner ") generally located at 1511 E. State
Rd. 434, Winter Springs, FL 32708 in the City of Winter Springs, and having Tax parcels 31 -20-
31 -5BB- 0000 -019F and 05- 21 -31- 300 -002C -0000 (the "subject property "), has submitted an
application for the vacation of a portion of a 10 -foot utility easement (the "existing Utility
easement ") in order to enable the Owner to develop the subject property in accordance with the
site plan approved by the City of Winter Springs on February 22, 2016; and,
WHEREAS, the vacation of a portion of the existing Utility easement, as requested by
the Owner, is made conditional on the requirements set forth herein; and
WHEREAS, the City of Winter Springs is currently using the portion of the existing
Utility easement to be vacated, however, the Owner has agreed to grant the City of Winter
Springs both a Cross Access Easement and a Public Underground Utilities Easement (the "new
easements ") that collectively grant access to and from a different portion of the subject property
such that the City of Winter Springs may continue to maintain utilities, and, which allows for
public ingress and egress to and from the subject property, thus continuing to provide the specific
access desired by the City of Winter Springs; and
WHEREAS, a force main currently exists within the portion of the existing Utility
easement which the Owner desires to vacate, and the City requires access to such force main
unless and until it is successfully relocated to an area within the new easements, such that there is
no period during which the City either does not have an operating force main or access thereto;
and
WHEREAS, the City of Winter Springs will continue to enjoy full access as granted by
City of Winter Springs
Resolution 2016 - 11
Page 1 of 4
its existing Utility Easement unless and until the force main currently located within the existing
Utility easement is relocated to an area within the new easements which is acceptable to the City,
and requirements set forth herein are otherwise met before the City of Winter Springs will record
the relevant Termination of Identified Portion of Ten Foot Utility Easement, as requested by
Owner, as the vacating of a portion of the City's existing Utility easement is conditioned upon
such requirements as enumerated herein; and
WHEREAS, each provider of utilities within the City of Winter Springs has indicated in
writing, copies of which are on file with the Community Development Department, that it has no
objection to the vacation of the subject easements; and
WHEREAS, the City will not record the Termination of Identified Portion of Ten Foot
Utility Easement until all requirements of this Resolution have been met to the satisfaction of the
City; and
WHEREAS, the City Commission of the City of Winter Springs, Florida, hereby finds
this Resolution to be in the best interest of the public health, safety, and welfare of the citizens of
Winter Springs.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
WINTER SPRINGS, FLORIDA, AS FOLLOWS:
Section 1. Recitals. The following recitals are true and correct and hereby fully
incorporated herein by this reference as part of this Resolution.
Section 2. Conditional Vacation of Portion of Utility Easement. The City of
Winter Springs currently has an interest in a 10 -foot utility easement on the subject property, as
recorded in Official Records Book 4437, Page 356, of Public Records in and for Seminole County,
Florida, as such easement is more particularly described and depicted on Exhibit "A," attached
hereto and incorporated herein by this reference. The Owner has requested that the right, title and
interest of the City of Winter Springs in the portion of the existing Utility easement, as described
and depicted in Exhibit `B," be vacated and abandoned upon the Owner meeting all requirements
enumerated in Section 3 below. The Owner and the City of Winter Springs agree that the City's
interest in the portion of the existing Utility easement, as described and depicted in Exhibit `B," is
conditioned upon the Owner meeting each requirement in Section 3 to the satisfaction of the City of
City of Winter Springs
Resolution 2016 - 11
Page 2 of 4
Winter Springs, and, that at the time that the Owner has met all of such requirements to the
satisfaction of the City, the City shall cause to be recorded the Termination of Identified Portion of
Utility Easement attached hereto as Exhibit "C." The Termination of Identified Portion of Utility
Easement shall not be recorded before such time.
Section 3. Requirements. The vacation and termination of a portion of the
City's existing easement, as described and depicted on Exhibit "B," shall be conditioned upon the
following:
a. The Owner recording in the Public Records of Seminole County, Florida, of the Cross
Access Easement attached hereto as Exhibit "D," once fully executed, and, which shall
occur prior to relocating the force main.
b. The Owner recording in the Public Records of Seminole County, Florida, of the Public
Underground Utility Easement attached hereto as Exhibit "E," once fully executed, and,
which shall occur prior to relocating the force main.
c. The Owner's completed relocation of the existing force main, to the satisfaction and
acceptance of the City of Winter Springs, to the area within the newly granted Utility
easement as described and depicted in Exhibit "F."
d. Once all of the abovementioned requirements have been met by the Owner, the City
Attorney is authorized to subsequently record the Termination of Identified Portion of
Utility Easement attached hereto as Exhibit "C."
Section 4. Repeal of Prior Inconsistent Resolutions. All prior inconsistent
resolutions adopted by the City Commission, or parts of resolutions in conflict herewith,
are hereby repealed to the extent of the conflict.
Section 5. Severability. If any section, subsection, sentence, clause, phrase,
word or provision of this resolution is for any reason held invalid or unconstitutional by any
court of competent jurisdiction, whether for substantive, procedural, or any other reason, such
portion shall be deemed a separate, distinct and independent provision, and such holding shall
not affect the validity of the remaining portions of this resolution.
Section 6. Effective Date. This Resolution shall take effect immediately upon
adoption by the City Commission.
City of Winter Springs
Resolution 2016 - 11
Page 3 of 4
RESOLVED by the City Commission of the City of Winter Springs, in a regular meeting
assembled on the 13th day of June, 2016.
CHARLES LACEY, Mayor
ATTEST:
ANDREA LORENZO- LUACES, City Clerk
Approved as to legal form and sufficiency for
the City of Winter Springs only:
ANTHONY A. GARGANESE, City Attorney
City of Winter Springs
Resolution 2016 - 11
Page 4 of 4
This Instrument prepared by:
Bowyer - Singleton & Assoclatas, Inc.
520 South Magnoiia Avenue
Orlando, Florida 32841
Phone: (407) B43.5120
UTILITY EASEMENT
ININIMIIrgN11INwA111111MIIWuxi"
HARYWC NORSE, CLERK OF CIRCUIT COURT
BENINOLE COIAITY
BK 04437 PS 0356
CLERK'S M 2002895493
RECORDED 06 /17 /EOOE O1tIl!1509 PN
DEED OW TAX 0.70
RECORDING FEES 15.00
RECORDED by L "inlay
KNOW ALL MEN BY THESE PRESENTS THAT Y ea P. e whose address
is ]L 3 f l SS {I x a nr a n n v a _ t! 3 ❑ OrInadn, El. the owner of the hereinafter
described, In consideration of the sum of One Dollar ($1.001 and other valuable considerations in hand
paid, does hereby give and grant to the City of Winter Springs, an easement for the construction,
maintenance and operation of utility facilities across the following described property situate In City of
yhrinfar Springs, Seminole County, Florida, to -wit:
Sea Exhlblt "A"
ie grantor for himsell or his euecessors does hereby and agree to and with the grantee and his
assigns, that at the dma and ext3cutlon and delivery of these presents he Is lawfully aefzed of
rty d rlbed In '3=xhibit A% that he has the right and lawful authority to convey the above
rr nt that thoy are free from oncumbrancos; grantee dons hereby covenant to warrant
1 d aairs sasaritienI agdrist the lawful cfaimCof-all persons whomsoAVR.
tf ull conlinue perpetually.
M `�� ESS WHEI�F the grantpra have hereunto affixed their hand and seal this � R day of
Z 02, at tl_r 3 _�s n d ❑ =6e ntttahr
County, Florida. Orange
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VC,_WITNESS EREt3F I have tierg unto sat me hand and 1fa ate n,x seal this
2N �ay of 2002, at Vf Z ��ud :pie.► �un Slate above named.
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LEGAL DESCRIPTION
10' UTILITY EASEMENT
ROBERT A YEAGER, TRUSTEE PARCEL
A PORTION OF LOT 19, MAP OF THE PHILLIP R. YOICGERGRANT,
OF
RECORDED IN PLAT BOOK 1, PAGES 35 -38,
SEMINOLE COUNTY, FLORIDA, LOCATED IN SECTION 5, TOWNSHIP 21
SOUTH, RANGE 31 EAST, BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
COMMENCE AT THE NORTHWEST CORNER OF EAGLE WATCH PHASE ONE,
S RECORDED IN PLAT BOOK 49, PAGES 8 -9, PUBLIC RECORDS OF
MINOLE COUNTY, FLORIDA, SAID POINT ALSO BEING AS RECORDED
ON
EAST RIGHT -OF -WAY LINE OF VISTAWILLA DRIVE,
PLAT BOOK 47, PAGES 60 -61, PUBLIC RECORDS OF SEMINOLE
,.y TY FLORIDA, AND SAID POINT ALSO BEING ON CURVE, CONCAVE
V €9 , HAVING A CENTRAL ANGLE OF 09 °50'26" AND A RADIUS
80.00 FEET; THENCE FROM A TANGENT BEARING DF
E, RUN NORTHERLY ALONG THE ARC OF SAID CURVE AND
T RHHT -OF -WAY LINE, A DISTANCE OF 135.68 FEET;
THE DEWPING SAID CURVE, RUN N06 °10'16 "E, ALONG SAID
EAST RIG41 Q. -WAY LINE, A DISTANCE OF 15.33 FEET; THENCE
DEPARTI
EAST RIGHT -OF -WAY LINE, RUN S89 135'48 "E, A DISTANCE 84.15 FEET FOR A POINT OF BEGINNING; THENCE
NOO °24'12" , A l TANCE OF 10.00 FEET; 589 135'48 "E, A
DISTANCE OF 54�:� EET; THENCE N06 °21'30 "E, A DISTANCE OF
275.85 FEET TO P T ON THE SOUTHERLY RIGHT -OF -WAY LINE OF
STATE RDAD 434, GHT -OF -WAY MAP SECTION 77070 -2517;
THENCE RUN S79 °2 9" CNG SAID SOUTHERLY RIGHT -OF -WAY
LINE, A DISTANCE FEET TO A POINT ON THE WESTERLY
RIGHT -OF -WAY LINE OF �f E SCLE RAILROAD (VACATED); THENCE
DEPARTING SAID SOUTHERLY+RIG w F-WAY LINE, RUN 506 °21'38 "W,
ALONG SAID WESTERLY RIGHT lV LINE, A DISTANCE OF 284RUN
FEET; THENCE DEPARTING SAIIJ- yTERLY RIGHT -OF -WAY LINE,
N89 °35'48 "W, A DISTANCE OF -57• EET TO THE POINT OF
BEGINNING•
CONTAINING 0.191 ACRES, MORE OR��
SKETCH OF DESCRIPTION ONLY.
SHEET 2 OF 2
SEE SHEET /OF 2
FOR SKETCH OF DESCRIPTION
MAY 2 8 2002
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LEGAL DESCRIPTION.
A PORTION OF LOT 19, MAP OF THE PHILLIP R. YONGE GRANT, AS RECORDED IN PLAT BOOK 1, PAGES 35 -38, OF THE
PUBLIC RECORDS OF SEMINOLE COUNTY, FLORIDA AND A PORTION OF SECTION 5, TOWNSHIP 21 SOUTH, RANGE 31 EAST
BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS
COMMENCE AT THE NORTHEAST CORNER OF VISTAWILLA DRIVE, AS RECORDED IN PLAT BOOK 47, PAGES 60 -61, PUBLIC
RECORDS OF SEMINOLE COUNTY, FLORIDA; THENCE_ ALONG THE SOUTH RIGHT -OF -WAY LINE OF STATE ROAD 434, AS
RECORDED IN OFFICIAL RECORDS BOOK 2301, PAGE 1486 OF SAID PUBLIC RECORDS THE FOLLOWING THREE (3) COURSES.
RUN S8949 21 "E, A DISTANCE OF 533.27 FEET- THENCE RUN S00'10'39 "W, A DISTANCE OF 10.00 FEET' THENCE RUN
S89 4921'£, A DISTANCE OF 10763 FEET THENCE DEPARTING SAID SOUTHERLY RIGHT OF WAY LINE RUN SOO'03'05 "W, A
DISTANCE OF 274.55 FEET TO A POINT ON THE NORTH LINE OF A 10 FOOT WIDE PUBLIC UTILITY EASEMENT AS
RECORDER IN OFFICIAL RECORDS BOOK 4437, PAGE 356; THENCE S893548'E ALONG SAID NORTH LINE A DISTANCE OF
149.28 FEET TO A POINT ON THE EAST LINE OF A 25 FOOT WIDE PUBLIC UTILITY EASEMENT AS RECORDED IN OFFICIAL
RECORDS BOOK 3424, PAGE 668; SAID POINT BEING THE POINT OF BEGINNING, THENCE ALONG THE NORTH AND WEST
LINES OF SAID 10 FOOT WIDE PUBLIC UTILITY EASEMENT THE FOLLOWING TWO (2) COURSES., S893548'E A DISTANCE OF
232.15 FEET; THENCE RUN N0621 J8"E, A DISTANCE OF 40.22 FEET; THENCE DEPAR7NG SAID WEST LINE RUN
S893548 "E, A DISTANCE OF 10.05 FEET TO THE WEST RIGHT OF WAY LINE OF OVIEDO- SPRING HAMMOCK TRAIL (100
FOOT RIGHT OF WAY), AS RECORDED IN OFFICIAL RECORDS BOOK 3177, PAGE 632 OF SAID PUBLIC RECORDS; THENCE
S0621'38 "W ALONG SAID WEST RIGHT OF WAY LINE, A DISTANCE OF 50.27 FEET, THENCE DEPARTING SAID WEST RIGHT
OF WAY LINE RUN N89 3548 "W, A DISTANCE OF 241.17 FEET- THENCE NDO 2738 "E, A DISTANCE OF 10.00 FEET TO THE
POINT OF BEGINNING.
CONTAINING: 2,819 SQUARE FEET OR 0.065 ACRES, MORE OR LESS.
SURVEY NOTES'
1. BEARINGS SHOWN HEREON ARE ASSUMED AND
BASED ON THE SOUTHERLY RIGHT OF WAY LINE
OF STA TE ROAD 434, AS BEING S89 49'21 "E.
2. LANDS SHOWN HEREON WERE NOT ABSTRACTED
FOR RIGHTS -OF -WAY, EASEMENTS, OWNERSHIP,
ADJOINERS OR OTHER INSTRUMENTS OF RECORD. � 0212412016
3. THIS SKETCH MEETS THE APPLICABLE "STANDARDS WILLIAM D..DONLEY 7 DATE
OF PRACTICE' AS SET FORTH BY THE FLORIDA PROFESSIONAL SURVEYOR & AA ER
BOARD OF PROFESSIONAL SURVEYORS AND LICENSE NUMBER LS 5381
MAPPERS IN RULE 5117.050 -.052, FLORIDA NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A
ADMINISTRATIVE CODE. FLORIDA LICENSED SURVEYOR AND ,MAPPER
4. THIS IS NOT A BOUNDARY SURVEY. SHEET 1 OF 2
(SkE °.i1EET 2 F9,P SKETCH OF DESCRIPTION)
SKETCH OF DESCRIPTION ONLY. THIS IS NOT A SURVEY.
J
SKETCH OF DESCRIPTION
PREPARED FOR:
- °F-
Dewberry
y
UT/LI TY EASEMENT
VISTA KILLA
ALF, LLC
520 SOUTH MAGNOLIA AVENUE
ORLANDO, FLORIDA 32801
PHONE: 321.354.9826 FAx:407.648.9104
A POR77ON OF PARCEL 2,
WWW.DEWBERRY.COM
BEING A POR77ON OF LOT 19, PHILLIP R. YONGE GRANT
& SEC7I0N 5, TOWNSHIP 21 SOUTH, RANGE J1 EAST
CERTIFICATE OF AUTHORIZATION N0. LB 8011
WE. 07102116
PROD: 50076506
REV DATE
DRAWN BY: KMS
SEMINOLE COUNTY FLORIDA
EXHIBIT
SCALE I" NIA
CHECKED BY- WDD
J
(PR 47, PGS 60 -61)
_ SOUTH R/W LINE
(O.R. 2301, PG 1486)
S89'49 21 E 533.27'
(BASIS OF BEARING)
. ,—SOO'10'39 "W 10.00
STATE ROAD 434
VARIABLE WIDTH RIGHT -OF -WAY
RIGHT-OF-WA Y MAP SECAON 77070 -2517
S89'49'%A
r
SKETCH OF DESCRIPTION
07.63'
1TH
I(O.R.
SOU RIGHT -OF -WAY LINE
PREPARED FOR:
t
Dewberry
UTILITY EASEMENT
A PORAON OF PARCEL 2,
BEING A PORTION OF LOT 19, PHILLIP R. YONGE GRANT
& SECAON 5, TOWNSHIP 21 SOUTH, RANGE 31 EAST
SEMINOLE COUNTY FLORIDA
2301, PG 1486)
I
b
0 20
40
O
¢
e I INCH n 40 FEET
I0.
I
LOT 19,
STATE OF FLORIDA D.E.P.
Q
Q
PHILLIP R. YONGE GRANT
(PB 1, PG 36)
Lo` O.R. 3177, PC 632
� Z --n
a
FORMERL Y BLACK R Q
HAMMOCK BRANCH
SEABOARD COASTLINE a' V
0 0
RAILROAD
(100' R/W)
o o
NOT PLATTED
I
50' WIDE EASEMENT TO COUNTY FOR
I
ROADWAY IMPROVEMENTS & UTILITIES
O.R. 4437, PG 54
10' WIDE PUBLIC
UTILITY EASEMENT
(TO BE VACATED)
O.R. 4437, PG 356,
�-
z
'J548 "E
I
PUBLIC UTILITY EASEMENT
pI
�8Y E 10 a5
(r�
O.R. 4437, PG 356
POINT OF BEGINNINLITY
EASEMENT
(TO BE VA CA TED) +
+
(NEST LINE OF 10' WIDE80C
W
�25'
WIDE PUBLIC
NG
UTILITY EASEMENT
O.R. 4437, PG 356
uricl11
R. 3424, PG 668
6'21'38 "E 40.220.
0. R. 4029, PG 359
589'3548 "E
S893548 "E 149.28
232.15'
_
LEGEND:
__ —
—
(12,819 sf)
(�
N89*J5'48 V
—�Ir— LINE BREAK
UTILITY IEASEMENT
241,17'
D.E.P. DEPARTMENT OF ENVIRONMENTAL
O.R. 4437, PG 356
.
I PORTION OF PARCEL 1
PROTECTION
R/W RIGHT OF WAY
O.R. OFFICIAL RECORDS BOOK
PB PLAT BOOK
EAST LINE OF 25' WIDE
PUBLIC UTILITY EASEMENT
O.R. 3424, PG 668
VISTAWILLA PLAZA B
+ GMVER.S' +
ASSOCIA TION, 1NC
PG(S) PAGES
O.R. 4029, PG 359
LOT 19,
I O.R. 3424, PG 651 +
sf SQUARE FEET
ac. ACRES
o CHANGE IN DIRECTION
PHILLIP R. YONGE GRANT SHEET 2
PB 1, PG 36
OF 2 NOT PLA rTED 1
{SEE SHEET 1 FOR DESCRN'T10N OF SKETCH)
SKETCH OF DESCRIPTION ONLY THIS
IS NOT A SURVEY.
SKETCH OF DESCRIPTION
PREPARED FOR:
Dewberry
UTILITY EASEMENT
A PORAON OF PARCEL 2,
BEING A PORTION OF LOT 19, PHILLIP R. YONGE GRANT
& SECAON 5, TOWNSHIP 21 SOUTH, RANGE 31 EAST
SEMINOLE COUNTY FLORIDA
520 SOUTH MAGNOLIA AVENUE
ORLANDO, FLORIDA 32801
PHONE: 321.354.9826 FAx:407.648.9104
WWW.DEWBERRY.COM
CERTIFICATE OF AUTHORIZATION N0. LB 8011
WSTAWILLA ALF, LLC
DATE.' 01/02/16 PROD.' 50076506
REV DATE.' DRAWN BY.- KMS
SCALE I" = 40' CHECKED BY.' WDD
Prepared by and return to:
Jennifer B. Nix, Assistant City Attorney
Garganese, Weiss & D'Agresta, P.A.
111 N. Orange Avenue, Suite 2000
Orlando, Florida 32802
(407) 425 -9566
TERMINATION OF IDENTIFIED PORTION OF TEN mar UTILITY EASEMENT
THIS TERMINATION OF A PORTION OF THE CITY'S TEN FOOT UTILITY
EASEMENT ( "Termination Agreement ") is made and entered into this day of
, 2016, by and between Vistawilla ALF, LLC ( "Owner "), a Florida
limited liability company, whose address is 154 N. Ryan Street, Florida, 32459 ( "Association "),
and THE CITY OF WINTER SPRINGS, FLORIDA, a Florida municipal corporation, whose
address is 1126 East State Road 434, Winter Springs, FL 32708 ( "City ").
WITNESSETH:
Whereas, the City was granted a Utility Easement which is recorded in Seminole County
Official Record Book 04437, Page 0356 (the "Easement "); and
Whereas, the Owner submitted an application to the City requesting that the City vacate
a portion of the City's ten foot utility easement; and
Whereas, the parties have determined that a portion of the ten foot utility easement, as
further described herein, is no longer needed or necessary, given that both a Cross Access
Easement and a Public Underground Utilities Easement were each granted by Owner to the City,
which are recorded in Seminole County Official Record Book , Page , and Seminole
County Official Record Book , Page , respectively, which collectively grant to the
City the desired access to and from a different portion of the subject property, and, rights as
granted in the public underground utility easement, such that a portion of the original Utility
Easement may be vacated as requested by the Owner, and, therefore, the parties now desire to
terminate a portion of the ten foot utility easement as provided for herein.
NOW, THEREFORE, for good, valuable and sufficient consideration, receipt of which
is acknowledged by the parties hereto, including but not limited to the covenants herein
contained, it is agreed to as follows:
1. Recitals. The aforementioned recitals are true and correct and are hereby fully
incorporated herein by this reference and are a material part of this Termination Agreement.
2. Termination of a Portion of Ten Foot Easement, The Utility Easement recorded in
Seminole County Official Record Book 04437, Page 0356, attached hereto and fully
incorporated herein as Exhibit "A ", is hereby deemed terminated and no longer in full force and
effect only as to the vacated portion as described in the legal description and sketch of
description attached hereto and fully incorporated herein as Exhibit "B." The Owner shall have
Termination of a Portion of City's Ten Foot Utility Easement
City of Winter Springs /Vistawilla ALF, LLC EXHIBIT
Page 1 of 2
C —
continued obligations and responsibilities under the Utility Easement recorded in Seminole
County Official Record Book 04437, Page 0356, which remains in full force and effect as to all
areas identified by Exhibit "A" which are not identified by Exhibit "B."
s. Recordation. The City shall record this Termination Agreement in the Official Records of
Seminole County, Florida.
IN WITNESS WHEREOF, the parties hereto have set their hands and seals as of the
date first written above.
WITNESSES
Print Name
Print Name
STATE OF FLORIDA
COUNTY OF SEMINOLE
CITY OF WINTER SPRINGS
By: Kevin L. Smith
City Manager
The foregoing instrument was acknowledged and sworn to before me this day of
2016 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.
NOTARY PUBLIC
Termination of a Portion of City's Ten Foot Utility Easement
City of Winter SpringsNistawilla ALF, LLC
Page 2 of 2
IMING Imini!t1IoNIIN111ffllIN111II1N
MIIBYMW MORSE, CLERK OF CIRCUIT MW
SEMINOLE CDJNTY
BK 04437 PS 0356
CLERK'S M 2002695493
RECORDED 06/17/P008 O1rS509 PM
This Instrument propared by. DW OW TAX 0.70
Bowyer•Singloton & Assoclates, Inc. RECORDING FEES 15.00
520 south Mngrmia Avenue RECORDED BY L McKinley
Orlando, Florida 32801
Phone: (407) 843.5120
UTILITY EASEMENT
KNOW ALL MEN BY THESE PRESENTS THAT gp er t A . Y.ea g e r whose address
is y c m e n ., n,_ _ !f 3 n O_ O r l a n d o. i'1. __ . the owner of the hereinafter
described, in considornilon of the sum of Ono Dollar ($1.00) and other valuable consideratlons in hand
paid, does hereby give end grant to the City of Winter Springa, an easement for the construction,
maintenance and operation of utility faelifts across the following described property situate In City of
tntar Springs, Seminole County, Florida, to -wit:
See Exhibit "A"
grantor for himself or his successors does heroby and agree to and with the grantee and his
he cl os&l0rla, that at the time w)d exuculion and delNwy of these presents he Is Itiwfuily seized of
y }t{gp�ppgrty d Wr lbod in 'Exhlbll A'; that he has the right and lawlul authority to convey the above
asst ` d �asent; that thoy are free from encumbrances; grantee does hereby covenant to warrant
r nPRa'6atd'easornQnl against the lawful clainiv of'all persons Whdmsoev&;
— g)tall conlinue perpetually.
r
l f ESS. E,,EOF the grantors have hereunto atlxetlIheir hand and seal ir0 PP day of
z rlav at _ 0rr.1. a n d o
County, Florida. �r f Orange
t; Signed, sealed anc>y
_! o
as ca or:
' BK is
ik su —r .� YAnt Name: R,q e r t g e r
Name; �r Title: Trustee
\� Address: 130 S. Orange Ave. ,'.1300
Orlando, FL 321301
Itne"
Print Nnme:
STATE OF FLORIDA
COUNTY OF 8EMIN6 ORANGE r�
Personally before me, the undersigned aunt y is day appeared Ro b e r t Y e a R,g Us
Trustee — .T tome w9li1now and known to me to be the
Individual described in and who executed the foregoing lr strumqqf++1 ndUknowledgod before me that he
executed the same freely and voluntarily and for the purposes thbr4Ln axpftiased.
1 N oITNESS � EOF 2have ha�'�t` et mea and and all re pI. L f 4l seaa[ this Named. If
r Ou t My Commi i3O n'c ! °
r
Print
67�11_tary Z ✓.4AZ (AFFIX t4OTARN(E� A r !�
Y DD 012118
18, 2005
,k u.anrn.n
Li X1i1B1T 2.3.
EXHIBIT
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LEGEND 66 1
SEC.- SECTION m.
R/W • RIGHT OF WAY 67 1
• -CHANGE IN DIRECTION
POC - POINT OF CURVATURE
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TB.- TANGENT BEARING SO16'2pJ�^Ta
4 P.L.S. • PROFESSIONAL LAND SURVEYOR WESTERLY R1W. 7!
SCLC RAILROAD
SKETCH OF DESCRIPTION ONLY.
I ffERZ5r CERTIFY I'NAT THIS SKETCH OF
DESCRIPTION 15 IN A:}:ii40iWCE NIIrN THE
•YININU9 TECFlN7CA L STFN A4Q^ AS MEaflin8o
sr CHApr1rP UiK:rr-6 F'AC.
SANDRA V BAILEY Pl..i.
LICENSE NUMBER aS/7_
NOi v/ D wmM , THE SXNATORC AVO THE OR/dNK
HNSED SEAL OF A FIOMDA UCENSEO SU/ ErCA AND NNMEN
FILE NUM 2002895493
OR BOOK 04437 PAGE 0357
SHEET IOF 2
SEE SHEET 2 OF 2
FOR LEGAL DESCRIPTION
CURVE TABLE
CURVE RADIUS ARC DELTA T.B.
CI 790.0(' 135-68' 9'50'26' N/0'l8'05'E
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CERTIFICATE OF AUTHORIZATION N0.
S79'28'08'E
10,03'
NOT A SURVEY.
SEW_W10I.E
f jGQC]A MS. IMCORPOPATED
INOINlIYIN Y \ANNIMC iDAVf VINO [MVIIIONM(NfY
520 SOUTH MAGNOLIA AVENUE
ORLANDO. FLORIDA 32801
[407> 843-5120
04102102 PT
of
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FLORIDA
UTILITY
,�F_ MENT
07.,
�vgrRlsK.7.oa1
Isx.7�rs
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VISTAWILLA DRIVE
TB.- N/O'18'05'E POC PLAT BOOK 47, PAGES 60-61
NOGIO'I6E 10,05'
POINT OF
- -
I
'��-- -- •- -'-'
CommENCEMENT
I Nl7610'!6'E'
/5-73'
O
AST R/W LINE OF
NORTHWEST CORNER
EAGLE WATCH PHASE ONE
1
I
` VISTAWILLA OE
PB, 49. PGS. 8 -9
I
`
Ln
�W �Ha
Eagles Watch Plwse One
I
P.B. 49 PGS. 8 -9
1
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3` I QQ 0) W
1
TRACT B
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1�
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POINT OF
f SAL•24'I^W
I
1 BEGINNING
10.00•
1 eAsE�eNT
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LEGEND 66 1
SEC.- SECTION m.
R/W • RIGHT OF WAY 67 1
• -CHANGE IN DIRECTION
POC - POINT OF CURVATURE
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4 P.L.S. • PROFESSIONAL LAND SURVEYOR WESTERLY R1W. 7!
SCLC RAILROAD
SKETCH OF DESCRIPTION ONLY.
I ffERZ5r CERTIFY I'NAT THIS SKETCH OF
DESCRIPTION 15 IN A:}:ii40iWCE NIIrN THE
•YININU9 TECFlN7CA L STFN A4Q^ AS MEaflin8o
sr CHApr1rP UiK:rr-6 F'AC.
SANDRA V BAILEY Pl..i.
LICENSE NUMBER aS/7_
NOi v/ D wmM , THE SXNATORC AVO THE OR/dNK
HNSED SEAL OF A FIOMDA UCENSEO SU/ ErCA AND NNMEN
FILE NUM 2002895493
OR BOOK 04437 PAGE 0357
SHEET IOF 2
SEE SHEET 2 OF 2
FOR LEGAL DESCRIPTION
CURVE TABLE
CURVE RADIUS ARC DELTA T.B.
CI 790.0(' 135-68' 9'50'26' N/0'l8'05'E
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CERTIFICATE OF AUTHORIZATION N0.
S79'28'08'E
10,03'
NOT A SURVEY.
SEW_W10I.E
f jGQC]A MS. IMCORPOPATED
INOINlIYIN Y \ANNIMC iDAVf VINO [MVIIIONM(NfY
520 SOUTH MAGNOLIA AVENUE
ORLANDO. FLORIDA 32801
[407> 843-5120
04102102 PT
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,�F_ MENT
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FILE NUM 2002895493
OR BOOK 04437 PAGE 0358
LEGAL DESCRIPTION
10' UTILITY EASEMENT
ROBERT A YEAGER, TRUSTEE PARCEL
A PORTION OF LOT 19, MAP OF THE PHILLIP R. YONGE GRANT, AS
RECORDED IN PLAT BOOK 1, PAGES 35 -38, PUBLIC RECORDS OF
SEMINOLE COUNTY, FLORIDA, LOCATED IN SECTION 5, TOWNSHIP 21
SOUTH, RANGE 31 EAST, BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
COMMENCE AT THE NORTHWEST CORNER OF EAGLE WATCH PHASE ONE,
AS RECORDED IN PLAT BOOK 49, PAGES 8 -9, PUBLIC RECORDS OF
MINGLE COUNTY, FLORIDA, SAID POINT ALSO BEING A POINT ON
EAST RIGHT -OF -WAY LINE OF VISTAWILLA DRIVE, AS RECORDED
PLAT BOOK 47, PAGES 60 -61, PUBLIC RECORDS OF SEMINOLE
��TY FLORIDA, AND SAID POINT ALSO BEING ON CURVE, CONCAVE
HAVING A CENTRAL ANGLE OF 09 °50'26" AND A RADIUS
Ki, q. 00 FEET; THENCE FROM A TANGENT BEARING OF
"E, RUN NORTHERLY ALONG THE ARC OF SAID CURVE AND
iST �F!IWAY HT -OF -WAY LINE, A DISTANCE OF 135.68 FEET;
THE DE NG SAID CURVE, RUN N06 °10'16 "E, ALONG SAID
EAST RIG 'T LINE, A DISTANCE OF 15.33 FEET; THENCE
DEPARTIl EAST RIGHT -OF -WAY LINE, RUN S89 °35'48 "E, A
DISTANCE 74.15 FEET FOR A POINT OF BEGINNING; THENCE
NOO °24'12" ,, A l• TANCE OF 10.00 FEET; 589 °35� OF
DISTANCE OF 548 �FrQ' EET; THENCE N06 °21'38 "E, A DISTANCE
275.85 FEET TO P T ON THE SOUTHERLY RIGHT -OF -WAY LINE OF
STATE ROAD 434, GHT -OF -WAY MAP SECTION 77070- -2517;
THENCE RUN S79 °2 8� ONG SAID SOUTHERLY RIGHT -OF -WAY
LINE, A DISTANCE O FEET TO A POINT ON THE WESTERLY
RIGHT -OF -WAY LINE OF1� llE SCLE RAILROAD (VACATED); THENCE
DEPARTING SAID SOUTHERL "R11350 F -WAY LINE, RUN 506 °21'38 "W7
ALONG SAID WESTERLY RIGHT Y LINE, A DISTANCE OF 284RUN
FEET; THENCE DEPARTING SAI ERLY RIGHT —OF —WAY LINE, N89 °35'48 "W, A DISTANCE • EET TO THE POINT OF
BEGINNING• ��
CONTAINING 0.191 ACRES, MORE OR
SKETCH OF DESCRIPTION ONLY.
SHEET 2 OF 2
SEE SHEET /OF 2
FOR SKETCH OF DESCRIPTION
MAY 2 8 2002
A SURVEY.
1�R `,�
& ASSOCIATES, YNCORPORATED `J
lNOIN![IIINY • NIMO • WIIV [VINO [MVIIIONY[N[Y
E
520 SiOUTH MAGNOLIA AVENUE
ORLANDO, FLORIDA 32801
(407) 843 -5120
04102102 PT
FLORIDA
ILITY
y1IT
f„ A
IIYR(?, RISK,3.Rt
r c1i ,;x- 3.P1"S
GA rP N.•
A PORTION OF LOT 19, MAP OF THE PHILLIP R. YONGE GRANT, AS RECORDED IN PLAT BOOK 1, PAGES 35 -38, OF THE
PUBLIC RECORDS OF SEMINOLE COUNTY FLORIDA AND A PORTION OF SECTION 5, TOWNSHIP 21 SOUTH, RANGE 31 EAST,
BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCE AT THE NORTHEAST CORNER OF VISTAWILLA DRIVE, AS RECORDED IN PLAT BOOK 47, PAGES 60 -61, PUBLIC
RECORDS OF SEMINOLE COUNTY, FLORIDA; THENCE ALONG THE SOUTH RIGHT —OF —WAY LINE OF STATE ROAD 434, AS
RECORDED IN OFFICIAL RECORDS BOOK 2301, PAGE 1486 OF SAID PUBLIC RECORDS THE FOLLOWING THREE (3) COURSES:
R41N 5894921T, A DISTANCE OF 533.27 FEET,' THENCE RUN 500'10'39 "W, A DISTANCE OF 10.00 FEET. THENCE RUN
S89-49'21 "F-, A DISTANCE OF 107.63 FEET• THENCE DEPARTING SAID SOUTHERLY RIGHT OF WAY LINE RUN SOOOY05'W, A
DISTANCE OF 274.55 FEET TO A POINT ON THE NORTH LINE OF A 10 FOOT WIDE PUBLIC UTILITY EASEMENT AS
RECORDED IN OFFICIAL RECORDS BOOK 4437, PAGE 356; THENCE S89'35'48 "E ALONG SAID NORTH LINE, A DISTANCE OF
149.28 FEET TO A POINT ON THE EAST LINE OF A 25 FOOT WIDE PUBLIC UTILITY EASEMENT AS RECORDED IN OFFICIAL
RECORDS BOOK 3424, PAGE 668; SAID POINT BEING THE POINT OF BEGINNING, THENCE ALONG THE NORTH AND WEST
LINES OF SAID 10 FOOT WIDE PUBLIC UTILITY EASEMENT THE FOLLOWING TWO (2) COURSES. S8935'48 "E, A DISTANCE OF
232.15 FEET- THENCE RUN N06 21 '38 "E, A DISTANCE OF 40.22 FEET- THENCE DEPARTING SAID WEST LINE RUN
S8935'48 "E, A DISTANCE OF 10.05 FrFT TO THE WEST RIGHT OF WAY LINE OF OVIEDO— SPRING HAMMOCK TRAIL (100
FOOT RIGHT OF WAY), AS RECORDED IN OFFICIAL RECORDS BOOK 3177, PAGE 632 OF SAID PUBLIC RECORDS; THENCE
S06 21 'J8 "W ALONG SAID WEST RIGHT OF WAY' LINE, A DISTANCE OF 50.27 FEET; THENCE DEPARTING SAID WEST RIGHT
OF WAY LINE RUN N89'35'484,, A DISTANCE OF 241.17 FEET THENCE N00'27'38 "E, A DISTANCE OF 10.00 FEET TO THE
POINT OF BEGINNING.
CONTAINING: 2,819 SQUARE FEET OR 0.065 ACRES, MORE OR LESS.
S RVEY NOTES:
1. BEARINGS SHOWN HEREON ARE ASSUMED AND
BASED ON THE SOUTHERLY RIGHT OF WAY LINE
OF STATE ROAD 434, AS BEING S894921 "E
2. LANDS SHOWN HEREON WERE NOT ABSTRACTED
FOR RIGHTS —OF —WAY, EASEMENTS, OWNERSHIP,
ADJOINERS OR OTHER INSTRUMENTS OF RECORD,
021' 2412016
J. THIS SKETCH MEETS THE APPLICABLE "STANDARDS WLLIAM D. L76N1 FY ' DATE
OF PRACTICE" AS SET FORTH BY THE FLORIDA PROFESSIONAL SUPtIEYOR & MAP#ER
BOARD OF PROFESSIONAL SURVEYORS AND LICENSE NUMBER LS 5381
MAPPERS IN RULE 5JI7 050 —.052, FLORIDA NO VALID WITHOUT 1NE S.'CNAII ;RF AND 7111 ORICINAL RAISED SEAL OF A
ADMINISTRATIVE CODE. FIORIOA LICENSED SVPVEr01z AND MAPPER
4. THIS IS NOT A BOUNDARY SURVEY. SHEET 1 OF
(SEE, SHEET 2 FOR SKETCH OF DESCRIPTION)
SKETCH OF DESCRIPTION ONLY. THIS IS NOT A SURVEY.
SKETCH OF DESCRIPTION
-OF-
UTILI TY EASEMENT
A PORTION OF PARCEL 2
BEING A PORTION OF LOT 19, PHILLIP R. YONGE GRANT
& SECTION 5, TOWSHIP 21 SOWN, RANGE 31 EAST
SE VINOLE COUNTY FLORIDA
Dewberry
520 SOUTH MAGNOLIA AVENUE
ORLANDO, FLORIDA 32801
PHONE: 321,354.9826 FAX; 407.648,9104
WWW.DEWBERRY.COM
TioN No. LB 8011
EXHIBIT
PREPARED FOR:
WSTAWILLA ALF, LLC
DATE, 01102116 PROJ. 50076506
REV DATE• ORAWN SK KMS
SCALE C = N/A CHECKED BY.' WDD
(PB 47, PGS 60 -61)
_ SOUTH R/W LINE
(O.R. 2301, PG 1486)
589'49'21 "E 533.27'
(BASIS OF BEARING)
r-- 500'10'39 "W 10.00'
S89'49 2 t' E
10763'
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LINE BREAK
STA TE ROAD 434
VARIABLE WIDTH RIGHT OF —WAY
RIGHT OF —WAY MAP SECTION 77070 -2517
SOUTH RIGHT OF -WAY LINE
(O.R. 2301, PG 1486)
LOT 19,
PHILLIP R. YONGE GRANT
(PB 1, PG 36)
50' WIDE EASEMENT TO COUNTY FOR
ROADWAY IMPROVEMENTS & UTILITIES
437, PG 54
E VACATED)
NORTH LINE OF 10' WIDE
PUBLIC UTILITY EASEMENT
O.R. 4437, PG 356
POINT OF BEGINNING
25' WIDE PUBLIC
�
c�
o
C
UTILITY EASEMENT
0. R. 3424, PG 668
O.R. 4029, PG 359
S89 35'48 "E 149.28'
O O
1 0 20
0°
40
p
UTILITY EASEMENT
Z
Z 1 INCH = 40 FEET
Us�if
L-
10' WIDE PUBLIC
520 SOUTH MAGNOLIA AVENUE
j STATE OF FLORIDA D.E.P,
o
UTILITY EASEMENT
Z�
Z ? FORMERL Y BLACK
-� HAMMOCK BRANCH
Q
(t2,819 sf) C�
N89 U5148 OJW
241.17'
D.E.P. DEPARTMENT OF ENVIRONMENTAL O.R. 4437, PG 356
PROTECTION PORTION OF PARCEL 1 I
R/W RIGHT OF WAY EAST LINE OF 25' WIDE V VISTAWILLA PLAZA B
O.R. OFFICIAL RECORDS BOOK PUBLIC UTILITY EASEMENT f OWNERS•
P8 PLAT BOOK 0. R. 3424, PG 668 ASSOCIA TION INC.
PG(S) PAGES O.R, 4029, PG 359 I 0. R. 3424, PG 651 f
sf SQUARE FEET LOT 19, II
cc. ACRES PHILLIP R. YONGE GRANT NOT PLA rTED
o CHANGE IN DIRECTION (PB 1, PG 36) SHEET 2 OF 2 (SEE SHEET I FOR DESCRIPTION OF SKETCH)
SKETCH OF DESCRIPTION ONLY. THIS IS NOT A SURVEY.
SKETCH OF DESCRIPTION
3
1 0 20
0°
40
�,
�.. Dewberry
UTILITY EASEMENT
Z
Z 1 INCH = 40 FEET
Us�if
vim
520 SOUTH MAGNOLIA AVENUE
j STATE OF FLORIDA D.E.P,
o
D O.R. 3177, PG 632
Z�
Z ? FORMERL Y BLACK
-� HAMMOCK BRANCH
Q
W SEABOARD ROAD COASTLINE o O
(100' R /W)
a `�
NOT PLATTED
j
i
I ti
10' WIDE PUBLIC
UTILITY EASEMENT
[� a
O.R. 4437, PG 3561
"E
SEMINOLE COUNTY FLORIDA
S8q'35'48 10.05'
SCALE 1" = 40' CHECKED BY., W90
U77LI TY EASEMENT
(TO BE VACATED)
O
WEST LINE OF 10' WIDE ' \
S'
- PUBLIC UTILITY EASEMENT- -
O.R. 4437, PG 356
fi�
V06 21 '38 "E 40, 22'
,�;�
S89'35'48 "E
�
t
232.15'
N �°
(t2,819 sf) C�
N89 U5148 OJW
241.17'
D.E.P. DEPARTMENT OF ENVIRONMENTAL O.R. 4437, PG 356
PROTECTION PORTION OF PARCEL 1 I
R/W RIGHT OF WAY EAST LINE OF 25' WIDE V VISTAWILLA PLAZA B
O.R. OFFICIAL RECORDS BOOK PUBLIC UTILITY EASEMENT f OWNERS•
P8 PLAT BOOK 0. R. 3424, PG 668 ASSOCIA TION INC.
PG(S) PAGES O.R, 4029, PG 359 I 0. R. 3424, PG 651 f
sf SQUARE FEET LOT 19, II
cc. ACRES PHILLIP R. YONGE GRANT NOT PLA rTED
o CHANGE IN DIRECTION (PB 1, PG 36) SHEET 2 OF 2 (SEE SHEET I FOR DESCRIPTION OF SKETCH)
SKETCH OF DESCRIPTION ONLY. THIS IS NOT A SURVEY.
SKETCH OF DESCRIPTION
PREPARED FOR:
- °F-
�,
�.. Dewberry
UTILITY EASEMENT
"M'$
VlSTAWLLA ALF, LLC
520 SOUTH MAGNOLIA AVENUE
ORLANDO, FLORIDA 32801
PHONE: 321.354.9826 FAx:407.648,9104
A POR77ON OF PARCEL 2,
WWW.DEWBERRY.COM
BEING A PORTION OF LOT 19, PHILLIP R. YONGE GRANT
& SECTION 5 TOWTNSHIP 21 SOUTH, RANGE Ji EAST
CERTIFICATE OF AUTHORIZATION N0. LB 8011
DATE• 01102116 PROJ.• 50076506
REV DATE.• DRAWN BY.� KMS
SEMINOLE COUNTY FLORIDA
SCALE 1" = 40' CHECKED BY., W90
Prepared by and return to:
City of Winter Springs, Attn: City Manager
1126 East S.R. 434
Winter Springs, FL 32708
CR OSS A CCESS EASEMENT
THIS CROSS ACCESS EASEMENT (the "Agreement ") is made this day of
.2016
By: VISTAWILLA ALF, LLC, a Florida limited liability company
Having a mailing address of:
154 N. Ryan Street, Santa Rosa Beach, Florida 32459
(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, Seminole County, Florida, and legally described in Exhibit "A"
attached hereto and incorporated herein (the "Grantor Parcel'); and
WHEREAS, Grantor desires to convey a cross access easement over, under, and
across a portion of the Grantor Parcel, as legally described in Exhibit `B" attached hereto
and incorporated herein (the "Easement Parcel'), 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.
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.
4834_1279 -9SO4 2 EXHIBIT
12908/0306
a
3
#905263
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 cross access easement over, under, and across the
Easement Parcel 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 Easement Parcel
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 to the Grantee by this Easement:
a. To use the Easement Parcel for ingress and egress over and across the
Easement Parcel for the benefit of the public; and
b. To prevent any activity on or use of the Easement Parcel that is
inconsistent with the purpose of the Easement, and to require the
restoration of areas of features of the Easement Parcel 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) Easements Run with the Land. This Easement shall remain a charge against the
Easement Parcel. Therefore, this Easement shall "run with the land" and be
automatically assigned by any deed or other conveyance conveying a portion of
the Easement Parcel relating to this easement, even though conveyance makes no
reference to this Easement as such.
6) Attorney's Fees. In the event it is necessary for either party to bring or maintain
any action, suit or proceeding to enforce or interpret this Agreement, then the
prevailing party in such action, shall, in addition to all other remedies, be entitled to
recover from the losing party all of its costs and expenses, including, but not limited
to, all attorneys' fees, whether such fees are incurred at any pretrial, trial, appellate or
bankruptcy proceedings.
7) Recordation. Grantor shall record this Agreement 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
Agreement 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 Easement Parcel.
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 Easement Parcel in fee simple and has
full and lawful authority to execute this Easement, convey the Easement to
Grantee, and bind the Easement Parcel as set forth herein.
b. The Easement Parcel 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 Easement Parcel,
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 Easement Parcel and will defend the same against
lawful claims of all persons claiming by, through, or under Grantor, but
against none other.
10) Reasonable Use of Eascment. The Easement granted hereunder shall be used and
enjoyed by Grantee, its contractors, employees, agents, and representatives in
such a manner so as not to unreasonably interfere with, obstruct or delay the
conduct and operations of the business at any time conducted on the Grantor
Parcel, including, without limitation, public access to and from said business.
11) No Waiver. No waiver of any default of any obligation by any party hereto shall
be implied from any omission by the other party to take any action with respect to
such default.
12) No Agency. Nothing in this Agreement shall be deemed or construed by either
party or by any third person to create the relationship of principal and agent or of
limited or general partners or of joint venturers or of any other association
between the parties.
13) Governing Law. The laws of the State of Florida shall govern the interpretation,
validity, performance, and enforcement of this Agreement.
14) Grantee's Right to Seek Equitable Relief. Grantor agrees, acknowledges and
recognizes that any breach of this Agreement 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.
15) Entire Agreement. This Agreement constitutes the full and entire agreement
between the parties hereto and supersedes any oral or written prior
communications between the parties related to the subject matter contained in this
Agreement. This Agreement shall be governed by the laws of Florida.
16) Soverein 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.
17) Mo(lifications. This Agreement shall only be modified by a written instrument
executed by the parties hereto or any successor, assigns heirs, or representatives
thereto.
18) Grantor's Duty of Noninterference. Grantor agrees not to materially interfere
or allow others to materially interfere with Grantee's rights to use the Easement
Parcel as specifically set forth herein. Grantor agrees not to permit or allow the
construction or erection of any building or structure on the Easement Parcel
without prior written consent of the Grantee; it being expressly understood and
agreed, however, that the Easement is non - exclusive and that Grantor shall have
the authority to use and to authorize others to use the Easement Parcel in any
manner which is not inconsistent with this Agreement, including for the
installation of landscape, hardscape, and pavement.
19) Termination. The parties agree that this Agreement 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.
[Signatures appear on the following page]
IN WITNESS MREOF, Grantor and Grantee set their respective hands on
the day and year above written.
GRANTOR:
VISTAWILLA ALF, LLC
By: Rookis Development Company, as
WITNESSES: its Manager
Print Name:
Print Name:
STATE OF FLORIDA
COUNTY OF
By: Richard J. Rookis, as President
The foregoing instrument was acknowledged and sworn to before me this
day of , 2016, by Richard J. Rookis, as President of Rookis
Development Company, a Florida corporation, as Manager of Vistawilla ALF, LLC, a
Florida limited liability company, on behalf of the company, who is /is not personally
known to me, or has produced as identification.
NOTARY PUBLIC
WITNESSES
Print Name
Print Name
STATE OF FLORIDA
COUNTY OF SEMINOLE
GRANTEE:
CITY OF WINTER SPRINGS
By: Kevin L. Smith
City Manager
The foregoing instrument was acknowledged and sworn to before me this _ day
of 2016 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.
NOTARY PUBLIC
BBKLDOCS-#905263-v I -Cross Access_Casement_to_City.DOC
EXHIBIT "A"
LEGAL DESCRIPTION OF GRANTOR PARCEL
The land referred to herein below is situated in the County of Seminole, State of Florida,
and is described as follows:
A portion of Lot 19, Map of the Phillip R. Yonge Grant, as recorded in Plat Book 1,
Pages 35 -38, Public Records of Seminole County, Florida and a portion of Section 5,
Township 21 South, Range 31 East, being more particularly described as follows:
Commence at the Northeast corner of Vistawilla Drive, as recorded in Plat Book 47,
Pages 60 -61, Public Records of Seminole County, Florida, thence along the South right -
of -way line of State Road 434 as recorded in Official Records Book 2301, Page 1486, run
the following three (3) courses, S89 °49'21 "E for a distance of 533.27 feet; thence run
S00 °10'39 "W for a distance of 10.00 feet; thence run S89 °49'21 "E for a distance of
107.63 feet to the point of beginning; thence continue along said South right -of -way line
the following two (2) courses: run S89 °49'21 "E for a distance of 401.73 feet; thence run
S79 °28'18 "E for a distance of 20.20 feet to the West right -of -way line of Black
Hammock Branch Seaboard Coast Line Railroad (now known as Oviedo -Spring
Hammock Trail); thence departing said South right -of -way line of State Road 434 run
S06 °21'38 "W along said West right -of -way line a distance of 436.23 feet to the North
line of Eagles Watch Phase Two as recorded in Plat Book 50, Pages 20 -21, Public
Records of Seminole County, Florida; thence departing said West right -of -way line run
along said North line N89 °32'22 "W for a distance of 250.53 feet to a point on the West
line of a 25 foot wide public utility Easement per Official Records Book 3424, Page 668
and Official Records Book 4029, Page 359, Public Records of Seminole County, Florida;
thence run N00 °27'38 "E along said West line, a distance of 151.04 feet to the North line
of lands described in Official Records Book 3424, Page 651; thence along said North line
run N89 °35'48 "W for a distance of 124.21 feet; thence departing said North line run
N00 °03'05 "E for a distance of 284.56 feet to the point of beginning.
EXHIBIT "B"
LEGAL DESCRIPTION OF EASEMENT PARCEL
LEGAL DEZOPT /ON:
A PORTION OF LOT 19, MAP OF THE PHILLIP R. YONGE GRANT, AS RECORDED IN PLAT BOOK 1, PAGES 35 -38, OF THE
PUBLIC RECORDS OF SEMINOLE COUNTY, FLORIDA AND A POR77ON OF SEC77ON 5, TOWNSHIP 21 SOUTH, RANGE 31 EAST,
BEING MORE PAR77CULARLY DESCRIBED AS FOLLOWS.-
COMMENCE AT 7HE NORTHEAST CORNER OF VISTAWILLA DRIVE, AS RECORDED IN PLAT BOOK 47, PAGES 60 -61, PUBLIC
RECORDS OF SEM/NOLE COUNTY, FLORIDA; THENCE ALONG THE SOU7H RIGHT -OF -WAY LINE OF STATE ROAD 434 AS
RECORDED IN OFFICIAL RECORDS BOOK 2301, PAGE 1486 OF SAID PUBLIC RECORDS THE FOLLOWING THREE (3) COURSES:
S89 49'21 "E, A DISTANCE OF 533.27 FEET,- THENCE RUN S00'10'39 "W, A DISTANCE OF 10.00 FEET, THENCE RUN
S8949'21 "E, A DISTANCE OF 107.63 FEET, THENCE DEPAR77NG SAID SOUTHERLY RIGHT OF WAY LINE RUN SOO'03'05 "W, A
DISTANCE OF 160.04 FEET TO THE POINT OF BEGINNING; THENCE S89'4921'E, A DISTANCE OF 12.67 FEET TO THE POINT
OF CURVATURE OF A CURVE CONCAVE NORTHWESTERLY, HAVING A RADIUS OF 5.00 FEET, A CENTRAL ANGLE OF
90100100", A CHORD BEARING OF N45'10 39'E AND A CHORD DISTANCE OF 7.07 FEET- THENCE NORTHEAS7FRL Y ALONG
THE ARC OF SAID CURVE A DISTANCE OF 7.85 FEET TO THE END OF SAID CURVE; THENCE N00'10'39'E, A DISTANCE OF
58.02 FEET TO THE POINT OF CURVATURE OF A CURVE CONCAVE SOUTHEASTERLY, HAVING A RADIUS OF 53.00 FEET A
CENTRAL ANGLE OF 695945", A CHORD BEARING OF N4570 31 T AND A CHORD DISTANCE OF 74.95 FEET, THENCE
NORTHEASTERLY ALONG THE ARC OF SAID CURVE A DISTANCE OF 83.25 FEET TO THE END OF SAID CURVE; THENCE
S894936 E, A DISTANCE OF 171.58 FEET TO THE POINT OF CURVATURE OF A CURVE CONCAVE NORTHWESTERLY, HAVING
A RADIUS OF 24.00 FEET, A CENTRAL ANGLE OF 895946° A CHORD BEARING OF N4570'32 "E AND A CHORD DISTANCE
OF 33.94 FEET; THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE A DISTANCE OF 3770 FEET TO THE END OF
SAID CURVE- THENCE N0070'39 "E, A DISTANCE OF 15.92 FEET TO THE POINT OF CURVATURE OF A CURVE CONCAVE
WESTERLY, HAVING A RADIUS OF 5.00 FEET, A CENTRAL ANGLE OF 380524; A CHORD BEARING OF N1852'03 "W AND A
CHORD DISTANCE OF 3.26 FEET, THENCE NORTHERLY ALONG THE ARC OF SAID CURVE A DISTANCE OF 3.32 FEET TO THE
END OF SAID CURVE AND 7HE SOUTHERLY RIGHT OF WAY LINE OF STATE ROAD 434; THENCE RUN S894921'E ALONG
SAID SOUTHERLY RIGHT OF WAY LINE, A DISTANCE OF 56.61 FEET TO A POINT ON A NON- TANGENT CURVE,
(CON77NUED ON SHEET 2)
SURVEY NOTES:
1. BEARINGS SHOWN HEREON ARE ASSUMED AND BASED
ON THE SOUTHERLY RIGHT OF WAY LINE OF STATE
ROAD 434, AS BEING S89 4921 "E
2. LANDS SHOWN HEREON WERE NOT ABSTRACTED FOR
RIGHTS -OF -WAY, EASEMENTS, OWNERSHIP,
ADJOINERS OR OTHER INSTRUMENTS OF RECORD.
o2 /z4/2o1s
3. THIS SKETCH MEETS THE APPLICABLE "STANDARDS MLLIAM D. DONLEr DA 7F
OF PRACTICE" AS SET FORTH BY THE FLORIDA PROFESSIONAL SURVEYOR
BOARD OF PROFESSIONAL SURVEYORS AND MAPPERS LICENSE NUMBER LS 5381
IN RULE 5J17.050 -.052, FLORIDA ADMINISTRA77VE NDT VALID WTHOUT 1HE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A
CODE. FLORIDA LICENSED SURWYOR AND MAPPER
4. THIS IS NOT A BOUNDARY SURVEY. SHEET 1 OF 5
(SEE SHEET 3 AND 4 FOR SNEICH OF DESCRYPTION)
SKETCH OF DESCRIPTION ONLY. THIS IS NOT A SURVEY.
SKETCH OF DESCRIPTION
— OF—
ACCESS EASEMENT
A POR17ON Or PARCEL $
MSG A POR7M OF LOT 19 PHLGP R. YDVW QWT
6 SECl7GN A TOMYSW 21 SWA( RANGE X EAST
SEMINOLE COUNTY
fl I Dewberry
520 SOUTH MAGNOLIA AVENUE
ORLANDO, FLORIDA 32801
PHONE: 321.354.9826 FAx:407.648.9104
W W W.DE W BERRY.COM
CERTIFICATE OF AUTHORIZATION N0. LB 8011
PREPARED FOR:
VISTAWILLA
ALF, LLC
DAIS 11124115 REV
PRW.. 500765015
DATE.• 05 10.51216
DRAW BY" KMS
SCALE 1' - MIA
CHECKED BY.• MOD
LEGAL DESCRIPTION: (CONTJNUED FROM SHEET 1)
CONCAVE EASTERLY, HAVING A RADIUS OF 5.55 FEET, A CENTRAL ANGLE OF 3554'16 ", A CHORD BEARING OF
5177059 "W AND A CHORD DISTANCE OF 3.42 FEET' THENCE RUN SOUTHERLY ALONG THE ARC OF SAID CURVE A
DISTANCE OF 3.48 FEET TO THE POINT OF TANGENCY; THENCE SO070'39 "W, A DISTANCE OF 14.73 FEET TO THE POINT
OF CURVATURE OF A CURVE CONCAVE NORTHEASTERLY, HAVING A RADIUS OF 26.00 FEET, A CENTRAL ANGLE OF
90'00'00" A CHORD BEARING OF S44'4921'E AND A CHORD DISTANCE OF 36.77 FEET THENCE SOUTHEASTERLY ALONG
THE ARC OF SAID CURVE A DISTANCE OF 40.84 FEET TO THE POINT OF TANGENCY; THENCE 589'49 21 'E, A DISTANCE OF
70.10 FEET TO A POINT ON THE WEST RIGHT OF WAY LINE OF OWEDO- SPRING HAMMOCK TRAIL, AS RECORDED IN
OFFICIAL RECORDS BOOK 3177, PAGE 632 OF SAID PUBLIC RECORDS, • THENCE 50621;38 "W ALONG SAID WEST RIGHT OF
WAY LINE, A DISTANCE OF 31.51 FEET; THENCE DEPARTING SAID WEST RIGHT OF WAY LINE RUN N894921 "W, A DISTANCE
OF 7.03 FEET TO THE POINT OF CURVATURE OF A CURVE CONCAVE NORTHERLY, HAVING A RADIUS OF 71,00 FEET, A
CENTRAL ANGLE OF 0626'34", A CHORD BEARING OF N86 ;36'04 "W AND A CHORD DISTANCE OF 798 FEET; THENCE
WESTERLY ALONG THE ARC OF SAID CURVE A DISTANCE Of' 798 FEET TO THE POINT OF REVERSE CURVATURE OF A
CURVE CONCAVE SOUTHEASTERLY, HAVING A RADIUS OF 9.00 FEET, A CENTRAL ANGLE OF 93'4223'; A CHORD BEARING
OF 54946'01 "W AND A CHORD DISTANCE OF 1313 FEET THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE A
DISTANCE OF 14.72 FEET TO THE END OF SAID CURVE, THENCE 505'41'48 "W, A DISTANCE OF 126.84 FEET; THENCE
S44'49'21 "E, A DISTANCE OF 20.71 FEET TO THE POINT OF CURVATURE OF A CURVE CONCAVE NORTHEASTERLY, HAVING
A RADIUS OF 10.00 FEET, A CENTRAL ANGLE OF 392623". A CHORD BEARING OF S64 :32 33 E AND A CHORD DISTANCE
OF 6.75 FEET THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURD A DISTANCE OF 6.86 FEET TO A POINT ON THE
SAID WEST RIGHT OF WAY LINE OF OVIEDO- SPRING HAMMOCK TRAIL, THENCE 5062138 "W ALONG SAID WEST RIGHT OF
WAY LINE, A DISTANCE OF 2350 FEET TO A POINT ON A NON - TANGENT CURVE, CONCAVE NOR774EASTERLY, HAVING A
RADIUS OF 33.50 FEET A CENTRAL ANGLE OF 3900'10; A CHORD BEARING OF N647926 "W AND A CHORD DISTANCE OF
22.37 FEET, THENCE DEPARTING 5AI0 WEST RIGHT OF WAY LINE RUN NORTHWESTERLY ALONG THE ARC OF SAID CURVE A
DISTANCE OF 22.60 FEET TO THE POINT OF TANGENCY, THENCE N49 49 21 "W A D15TANCE OF 32.61 FEET: THENCE
N062138 "E, A DISTANCE OF 59.49 FEET; THENCE N0073'04 "E, A DISTANCE OF 80.70 FEET TO A POINT ON A
NON- TANGENT CURVE, CONCAVE SOUTHWES ERLY, HAVING A RADIUS OF 10.00 FEET, A CENTRAL ANGLE OF 90'00'00 ", A
CHORD BEARING OF N44 4921 "W AND A CHORD DISTANCE OF 14.14 FEET; THENCE NORTHWESTERLY ALONG THE ARC OF
SAID CURVE A DISTANCE OF 15.71 FEET TO THE END OF SAID CURVE; THENCE N89 49'21 "W, A DISTANCE OF 269.05 FEET
TO A POINT ON A NON- TANGENT CURVE, CONCAVE SOUTHEASTERLY, HAVING A RADIUS OF 37.12 FEET, A CENTRAL
ANGLE OF 89'37'50", A CHORD BEARING OF 545'10 39 "W AND A CHORD DISTANCE OF 52 33 FEET,' THENCE
SOUTHWESTERLY ALONG THE ARC OF SAID CURVE A DISTANCE OF 56.D7 FEET TO THE END OF SAID CURVE, • THENCE
SOO.1039 "W, A DISTANCE OF 116.01 FEET TO THE POINT OF CURVATURE OF A CURVE CONCAVE NORTHEASTERLY, HAVING
A RADIUS OF 10.00 FEET A CENTRAL ANGLE OF 66 25'19'; A CHORD BEARING OF S.33 02'00 "E AND A CHORD DISTANCE
OF 10.95 FEET; THENCE SOUTNEAS7ERL Y ALONG THE ARC OF SAID CURVE A DISTANCE OF 11.59 FEET TO THE POINT OF
TANGENCY • THENCE S00'10'39 "W, A DISTANCE OF 24.63 FEET; THENCE N89 49 21 "W, A DISTANCE OF 47.45 FEET, THENCE
N00 03'05 "E, A DISTANCE OF 97.98 FEET TO THE POINT OF BEGINNING.
CONTAINING: 23,213 SQUARE FEET OR 0.542 ACRES. MORE OR LESS
SHEET 2 OF 5 (SEE SHEETS 3 AND 4 FOR SKETCH DF DESCRIPnON)
SKETCH OF DESCRIPTION ONLY. THIS IS NOT A SURVEY.
SKETCH OF DESCRIPTION
PREPARED FOR:
-OF-
THIP Dewberry
VISTAw/LLA ALE. LLC
ACCESS EASEMENT
520 SOUTH MAGNOLIA AVENUE
ORLANDO, FLORIDA 32801
PHONE: 321.354.9626 FAx:407,648.9104
A POIR00H OF PARCEL Z
WWW,DEW13ERRY.COM
DEWO A PORIKW OF LOT 19, PMLLP R YVAGE BUNT
6 SECIIQV A TDNNSNP 21 SWIF{ RANGE JI EAST
CERTIFICATE OF AUTHORIZATION N0. LB 8011
DATE 11124/15 REV PRW.. 50076506
OATS• 051051216 DRANK Or KMS
SCALE 1' N/A CHECKED BY. WD
SEMINOLE COUNTY FLORIDA
POINT OF COMMENCEMF�NT
NE CORNER OF VISTAWILLA RIVE
(P.B. 47, PAGES 60 -61)
�SOUTHERLY RICH T -OF- WAY LINE
(O.R. 2301, PAGE 1486)
{ S69.49'21 C 533 27' STA TE ROAD 434
S00,10,39 "w 10.00' VARIABLE WDIN R16HT -AF -WAY
RIGHT -OF WAY MAP SECRON 77070 -2517
I�
g
J�
Q
S
sas s z1` E f L= 83.25' r ` r — 4
107.6J' I SOU THERL Y
II R =53.00 RIGHT -OF -WAY LINE I `
A- 89 59'45" (OR 2301, PG 1406) I
` CB= N45010'31 "E ° 20 '°
CH= 74.95' PN r S89'4936 "E 171.58'
I ~ 1 INCH - 40 FEET
S89'49'21 "E
12.67'
POINT OF
BEGINNING
of o
CURVE
z�
123,
(.0.5'1 a)
aJ
I
3I ��
785'
��
9000'00` 7.07'
oI
o i--J
PC
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=W
i
0
2
o
'L z
Qc
rn
4W
a
A
PT
H,
G W
W
v
4
PC
0
3
9
PNT
L= 11.59'
R= 10.00'
6675'19"
CB= S33'02'00 "E
-CH= 10.95' -
S00'10'39" W
�24 83'
CURVE TABLE
CURVE
LENGTH
123,
(.0.5'1 a)
DELTA CHORD
I
+
Imo(=
785'
1
9000'00` 7.07'
N45 *10'39 "E
--�PNT N89'49'21 -W
269.05' I
L= 58.07'
I
2
R= 37.12'
- X89:37'50"
o I
LEGEND:
CB= S45 7 0'39 " ►I
p
-_
— LINE BREAK
CH =52.33
I
=
P0C POINT ON A CURVE
PC POINT OF CURVATURE
J ` I
PRC POINT OF REVERSE CURVA
PT POINT OF TANGENCY
W a I
PNT POINT OF NON TANGENCY
RIW RIGHT OF WAY
OR OFFICIAL RECORDS BOOK
I
PS PLAT BOOK
PC PACE
NO T PLATTED
I
L LENGTH
R RADIUS
A CENTRAL ANGLE
I
CS CHORD BEARING
CH CHORD LENGTH
I
sf SQUARE FEET
oc ACRES
I
a . CHANGE INDIRECTION
L= 11.59'
R= 10.00'
6675'19"
CB= S33'02'00 "E
-CH= 10.95' -
S00'10'39" W
�24 83'
CURVE TABLE
CURVE
LENGTH
RADIUS
DELTA CHORD
BEARING
Cl
785'
5.00
9000'00` 7.07'
N45 *10'39 "E
N89 49'21 "w 47.45 SHEET 3 OF 5 (SEE SHEETS 1 AND 2 MR DESCRIPTION OF SKETCH)
SKETCH OF DESCRIPTION ONLY. THIS 1S NOT A SURVEY.
SKETCH OF DESCRIP77ON PREPARED FOR:
-OF- 1 Dewberry
ACCESS EASEMENT V1STAw1LLA ALF, LLC
520 SOUTH MAGNOLIA AVENUE
ORLANDO, FLORIDA 32801
PHONE: 321.354.9826 FAx:407.648.9104
A PORRON O< PARCEL 2. WWW,DEWBERRY.COM
BEWG A PORRON OF LOT 19, PN'LUP R YDVlS GRANT CERTIFICATE OF AUTHORIZATION N0. LB 8011 DAIS• 11124115 REV PRW.. 50076506
& SEC770Y A TONNS4�P 21 SOU79 RANGE JI EAST DATE.• 051051216 DRANK BY.• KUS
SCALE 1" - NIA CHECKED BY.• NDD
SEMINOLE COUNTY 1 Z [)f tIL7A
LEGEND:
4— LINE BREAK
POC
POINT ON A CURVE
PC
POINT OF CURVATURE
PRC
POINT OF REVERSE CURVATURE
PT
POINT OF TANGENCY
R/W
RIGHT OF WAY
OR
OFFICIAL RECORDS BOOK
P8
PLAT BOOK
PG
PAGE
L
LENGTH
R
RADIUS
6
CENTRAL ANGLE
CB
CHORD BEARING
CH
CHORD LENGTH
al
SQUARE FEET
ac
ACRES
o
CHANCE IN DIRECTION
PERPETUAL DRAINAGE
EASEMENT (PARCEL 800)
OR 2747, G 496
EASEMENT IMPROVEMENTS T COUNTY U IES ROADWAY STA TE ROAD 434
OR 4437, PC 54 VARIABLE WDTII RIGHT- OF-WAY
{BEARING BASIS) RIGHT -01— WAY MAP SEC17ON 77070 -2517
S8949'21 "E SOUTHERLY RIGHT -OF -WAY LINE
PNT 56.61' PNT (OR 2301, PG 1486)
D'10'39'E C3 PC PT C4 - -
15.92' PT PT S00'10'39 "W 14.73'
S89149'36T
v LIJ PC j
Z ACCESS EASEMENT 1
(PROPOSED) PT
N89'4921 "W 269.Q5'
NOT PLATTED
ACCESS EASEMENT
(PARCEL 808)
OR 2286, PG 374
OR 2299, PG 984
EASEMENT TO COUNTY
FOR ROADWAY
IMPROVEMENTS & UTILITIES
OR 4437, PG 54
L =15.71 '
R= 10.00'
90'00'00
CB=N44'49'21 "W
CH= 14.14'
CURVE TABLE
CURVE
LENGTH
RADIUS
DEL TA
CHORD
BEARING
C2
37.70'
24.00
895946"
33.94'
N4570'32 'E
C3
3.32'
5.00
38105'24 *
3.26'
N18 52'03'W
C4
3.48'
5.55
3554'16"
3.42'
S177059 'W
C5
40.84'
26.00
90 DO'00"
36.77'
5444 9'21 E
SEAAINOLE COUNTY FLORIDA
7.98'
71.00
06 *2 J4"
7.98'
N86 36'04 "W
E
14.72'
9.00
9Y4 23"
13.13'
549 46'01 "W
L'i
S89'49'21 "E
7010'
)T
123 213 s/ `� �►�
(10. X42 ac.} h .�
PC C6 h
O
0 00
0
PNT j L-(;
� j a�
CL 00
N
�l
N
2)
Do
. z
z ll - -I -" i !
0 20 40
1 INCH - 40 FEET
WEST R/W LINE
OVIEDO- SPRING
HAMMOCK TRAIL
(100' R /W)
AND EAST LINE
OF 10' WIDE
UTILITY EASEMENT
N
O
Q o 4ee
a'
Ld
S
Q)
0
"omo
MATCH LINE
SEE SHEET 5 a
a
2
SHEET 4 OF 5
(SEE SHEETS 1 AND 7 FOR DESCRlPT/DN OF SKETCH)
SKETCH OF DESCRIPTION ONLY. THIS IS NOT A SURVEY.
SKETCH OF DESCRIPTION
PREPARED FOR:
-OF-
f1p.. Dewberry
WSTAWILLA ALF, LLC
ACCESS EASEMENT
520 SOUTH MAGNOLIAAVENUE
ORLANDO, FLORIDA 32801
PHONE: 321.354.9826 FAx:407,648,9104
A PORTION OF PARCEL Z
WWW.DEWBERRY.COM
BEMG A PORTION OF L07 19, PWLL/P R YWW GRANT
& SECIM A MMM.W/P 21 SOUTH, RANGE 31 EAST
CERTIFICATE OF AUTHORIZATION N0. LB 8011
DA IF: 11124115 REV PRO,E 50076506
DA 7E. 051051216 DRAM". KMS
SEAAINOLE COUNTY FLORIDA
SCALE I' — N/A CHECKED BY. MOD
LEGEND:
—4— LINE BREAK
POC
POINT ON A CURVE
PC
POINT OF CURVATURE
PRC
POINT OF REVERSE CURVATURE
PT
POINT OF TANGENCY
R/W
RIGHT OF WAY
OR
OFFICIAL RECORDS BOOK
PB
PLAT BOOK
PC
PAGE
L
LENGTH
R
RADIUS
A
CENTRAL ANGLE
CB
CHORD BEARING
CH
CHORD LENGTH
sl
SQUARE FEET
ac
ACRES
❑
CHANCE IN DIREC71ON
0 20 i0
1 INCH — 40 FEET
Pq
O�
ACCESS EASEMENT �
MATCH LINE
SEE SHEET 4
T
S44 049'21 "E
d'
20.71'
h^
c° L =6.88'
(PROPOSED)
±23, 213 s1
(±0.542 ac.)
SKETCH OF DESCRIPTION
PREPARED FOR:
-OF-
Dewberry
PT
50' WDE EASEMENT'
r'r�
TO COUNTY FOR ROADWAY
IMPROVEMENTS & U77LlPES
ACCESS EASEMENT
O.R. 4437, PAGE 54
L= 22.80'
R= 33.50'_
ORLANDO, FLORIDA 32801
_ f v
_
CB= N6479'26 "W
10' WIDE PUBLIC
CH= 22.37'
UTILITY EASEMENT
OEM A PORAAV OF LOT 19, PINLLiP it YWGE GRANT
& SECnOv A YVIW- LP 21 SOM RANGE Ji EAST
O.R. 4437, PAGE 356
DATE• 111241'15 REV PRW.. 50076506
DAIE.• 051051216 DRANK BY, KNS
� / //
39'26'23"
CB =S64 32'33 "E
PG CH= 6.75'
S0621 '38 "W
23.50'
LO Q5
,r o
uq
a ❑
WEST R/W LINE OWEDO— SPRING
HAMMOCK TRAIL (100' R /W)
AND EAST LINE OF 10' WIDE
UTILITY EASEMENT
SHEET 5 OF 5 (SEE SHEETS 1 AND 2 MR DESCRIP71DN OF SKETCH)
SKETCH OF DESCRIPTION ONLY. THIS IS NOT A SURVEY.
SKETCH OF DESCRIPTION
PREPARED FOR:
-OF-
Dewberry
VISTAwILLA ALF, LLC
ACCESS EASEMENT
520 SOUTH MAGNOLIA AVENUE
ORLANDO, FLORIDA 32801
PHONE: 321.354.9826 FAx:407.648.9104
A POR170H OIL PARCEL Z
WWW.DEWBERRY.COM
OEM A PORAAV OF LOT 19, PINLLiP it YWGE GRANT
& SECnOv A YVIW- LP 21 SOM RANGE Ji EAST
CERTIFICATE OF AUTHORIZATION N0. LB 8011
DATE• 111241'15 REV PRW.. 50076506
DAIE.• 051051216 DRANK BY, KNS
SCALE 1' - N/A CHECKED BY.' WO
SEMINDLE COUNTY FLP1iIDA
Prepared by and return to:
City of Winter Springs, Attn: City Manager
1126 East S.R. 434
Winter Springs, FL 32708
PUBLIC UNDERGROUND UTILITYEASEMENT
THIS PUBLIC UNDERGROUND UTILITY EASEMENT (the "Agreement ") is
made this day of , 2016
By: VISTAWILLA ALF, LLC, a Florida limited liability company
Having a mailing address of:
154 N. Ryan Street, Santa Rosa Beach, Florida 32459
(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, Seminole County, Florida, and legally described in Exhibit "A"
attached hereto and incorporated herein (the "Grantor Parcel "); and
WHEREAS, Grantor desires to convey an underground utility easement over,
under, and across a portion of its real property, as legally described in Exhibit "B"
attached hereto and incorporated herein (the "Easement Parcel "), for purposes of
allowing Grantee ingress and egress to install, operate and maintain certain underground
utility lines and other incidental appurtenances and accessories related thereto
(collectively, the "Public Utilities "); and
WHEREAS, Grantor, as fee simple owner of the Easement Parcel, 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.
EXHIBIT #905266
a
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, an easement to install, operate and maintain certain underground
utility lines and other incidental appurtenances and accessories over, under, and
across the Easement Parcel of the nature and character and to the extent
hereinafter set forth ( "Easement ").
3) Purpose of Fasexnent. 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 Easement Parcel 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 Easement Parcel for ingress and egress and to construct,
operate, and maintain the Public Utilities under and across the Easement
Parcel for the benefit of the public; and
b. To prevent any activity on or use of the Easement Parcel that is
inconsistent with the purpose of the Easement, and to require the
restoration of areas of features of the Easement Parcel 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 pa poses stated herein; and
d. To cut, trim, and keep clean such trees, brush, and undergrowth that might
hinder or prohibit the use of the Easement Parcel 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.
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 Easement Parcel, 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
Easement Parcel. Therefore, this Easement shall "run with the land" and be
automatically assigned by any deed or other conveyance conveying a portion of
the Easement Parcel relating to this easement, even though conveyance makes no
reference to this Easement as such.
7) Attorney's Fees. In the event it is necessary for either party to bring or maintain
any action, suit or proceeding to enforce or interpret this Agreement, then the
prevailing party in such action, shall, in addition to all other remedies, be entitled to
recover from the losing party all of its costs and expenses, including, but not limited
to, all attorneys' fees, whether such fees are incurred at any pretrial, trial, appellate or
bankruptcy proceedings.
S) 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 Easement Parcel.
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 Easement Parcel in fee simple and has
full and lawful authority to execute this Easement, convey the Easement to
Grantee, and bind the Easement Parcel as set forth herein.
b. The Easement Parcel 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 Easement Parcel,
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 Easement Parcel and will defend the same against
lawful claims of all persons claiming by, through, or under Grantor, but
against none other.
11) Reasonable Use of Easement. The Easement granted hereunder shall be used and
enjoyed by Grantee, its contractors, employees, agents, and representatives in
such a manner so as not to unreasonably interfere with, obstruct or delay the
conduct and operations of the business at any time conducted on the Grantor
Parcel, including, without limitation, public access to and from said business.
12) No Waiver. No waiver of any default of any obligation by any party hereto shall
be implied from any omission by the other party to take any action with respect to
such default.
13) No Agency. Nothing in this Agreement shall be deemed or construed by either
party or by any third person to create the relationship of principal and agent or of
limited or general partners or of joint venturers or of any other association
between the parties.
14) Governing Law. The laws of the State of Florida shall govern the interpretation,
validity, performance, and enforcement of this Agreement.
15) Right to Seek Eouitable 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.
16) 1 ntire Aurcement. 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.
17) 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.
18) Modifications. This Easement shall only be modified by a written instrument
executed by the parties hereto or any successor, assigns heirs, or representatives
thereto.
19) Grantor's Duty of Noninterference. Grantor agrees not to materially interfere
or allow others to materially interfere with Grantee's rights to use the Easement
Parcel as specifically set forth herein. Grantor agrees not to permit or allow the
construction or erection of any building or structure on the Easement Parcel
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 Easement Parcel in any
manner which is not inconsistent with this Easement, including for the installation
of landscape, hardscape, and pavement.
20) 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 Easement Parcel for the Public Utilities described herein,
Grantee, at Grantor's written request, agrees to execute an appropriate written
instrument to terminate this easement.
[Signatures appear on the following page]
IN WITNESS WHEREOF, Grantor and Grantee set their respective hands on
the day and year above written.
WITNESSES:
Print Name:
Print Name:
STATE OF FLORIDA
COUNTY OF
GRANTOR:
VISTAWILLA ALF, LLC
By: Rookis Development Company, as
its Manager
By: Richard J. Rookis, as President
The foregoing instrument was acknowledged and sworn to before me this
day of , 2016, by Richard J. Rookis, as President of Rookis
Development Company, a Florida corporation, as Manager of Vistawilla ALF, LLC, a
Florida limited liability company, on behalf of the company, who is /is not personally
known to me, or has produced as identification.
NOTARY PUBLIC
WITNESSES
Print Name
Print Name
STATE OF FLORIDA
COUNTY OF SEMINOLE
GRANTEE:
CITY OF WINTER SPRINGS
By: Kevin L. Smith
City Manager
The foregoing instrument was acknowledged and sworn to before me this _ day
of ., 2016 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.
NOTARY PUBLIC
EXHIBIT "A"
LEGAL DESCRIPTION OF GRANTOR PARCEL
The land referred to herein below is situated in the County of Seminole, State of Florida,
and is described as follows:
A portion of Lot 19, Map of the Phillip R. Yonge Grant, as recorded in Plat Book 1,
Pages 35 -38, Public Records of Seminole County, Florida and a portion of Section 5,
Township 21 South, Range 31 East, being more particularly described as follows:
Commence at the Northeast corner of Vistawilla Drive, as recorded in Plat Book 47,
Pages 60 -61, Public Records of Seminole County, Florida, thence along the South right -
of -way line of State Road 434 as recorded in Official Records Book 2301, Page 1486, run
the following three (3) courses, S89 °49'21 "E for a distance of 533.27 feet; thence run
S00 °10'39 "W for a distance of 10.00 feet; thence run S89 °49'21 "E for a distance of
107.63 feet to the point of beginning; thence continue along said South right -of -way line
the following two (2) courses: run S89 °49'21 "E for a distance of 401.73 feet; thence run
S79 °28'18 "E for a distance of 20.20 feet to the West right -of -way line of Black
Hammock Branch Seaboard Coast Line Railroad (now known as Oviedo -Spring
Hammock Trail); thence departing said South right -of -way line of State Road 434 run
S06 °21'38 "W along said West right -of -way line a distance of 436.23 feet to the North
line of Eagles Watch Phase Two as recorded in Plat Book 50, Pages 20 -21, Public
Records of Seminole County, Florida; thence departing said West right -of -way line run
along said North line N89 °32'22 "W for a distance of 250.53 feet to a point on the West
line of a 25 foot wide public utility Easement per Official Records Book 3424, Page 668
and Official Records Book 4029, Page 359, Public Records of Seminole County, Florida;
thence run N00 °27'38 "E along said West line, a distance of 151.04 feet to the North line
of lands described in Official Records Book 3424, Page 651; thence along said North line
run N89 °35'48 "W for a distance of 124.21 feet; thence departing said North line run
N00 °03'05 "E for a distance of 284.56 feet to the point of beginning.
EXHIBIT "B"
LEGAL DESCRIPTION OF EASEMENT PARCEL
LEGAL DESCRIPTION:
A POR770AI OF LOT 19, MAP OF THE PHILLIP R. YONGE GRANT AS RECORDED IN PLAT BOOK 1, PAGES 35 -38, OF THE
PUBLIC RECORDS OF SEM/NOLE COUNTY, FLORIDA AND A POR77ON OF SEC77ON 5, TOWNSHIP 21 SOUTH, RANGE 31 EAST,
BEING MORE PAR77CULARLY DESCRIBED AS FOLLOWS.
COMMENCE AT THE NORTHEAST CORNER OF WSTAWILLA DRIVE, AS RECORDED IN PLAT BOOK 47, PAGES 60 -61, PUBLIC
RECORDS OF SEMINOLE COUNTY, FLORIDA; THENCE ALONG THE SOUTH RIGHT -OF -WAY LINE OF STATE ROAD 434 AS
RECORDED IN OFFICIAL RECORDS BOOK 2301, PAGE 1465 OF SAID PUBLIC RECORDS THE FOLLOWING THREE (3) COURSES:
S894921E, A DISTANCE OF 533.27 FEET,- THENCE RUN S00'10'39 "W, A DISTANCE OF 10.00 FEET; THENCE RUN
S89'49 21 E, A DISTANCE OF 107.63 FEET; THENCE DEPAR77NG SAID SOUTHERLY RIGHT OF WAY LINE RUN 50003'05"W, A
DISTANCE OF 160.04 FEET TO THE POINT OF BEGINNING, THENCE 589 49'21'E, A DISTANCE OF 12.67 FEET TO THE POINT
OF CURVATURE OF A CURVE CONCAVE NORTHWESTERLY, HAVING A RADIUS OF 5.00 FEET, A CENTRAL ANGLE OF
9000'00 ", A CHORD BEARING OF N45'1039'E AND A CHORD DISTANCE OF 7.07 FEET,- THENCE NORTHEASTERLY ALONG
THE ARC OF SAID CURVE A DISTANCE OF 785 FEET TO THE END OF SAID CURVE; THENCE NOO'10'39 "E, A DISTANCE OF
58.02 FEET TO THE POINT OF CURVA77JRE OF A CURVE CONCAVE SOU7HEASTERLY, HAVING A RADIUS OF 53.00 FEE►, A
CENTRAL ANGLE OF 895945 ", A CHORD BEARING OF N4570'31 "E AND A CHORD DISTANCE OF 74.95 FEET; THENCE
NORTHEASTERLY ALONG THE ARC OF SAID CURVE A DISTANCE OF 8325 FEET TO THE END OF SAID CURVE; THENCE
S89 49 36 E, A DISTANCE OF 171.58 FEET TO THE POINT OF CURVATURE OF A CURVE CONCAVE NORTHWESTERLY, HAVING
A RADIUS OF 24.00 FEET, A CENTRAL ANGLE OF 895946 ", A CHORD BEARING OF N4570'32 "E AND A CHORD DISTANCE
OF 33.94 FEET; THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE A DISTANCE OF 3770 FEET TO THE END OF
SAID CURVE; THENCE N0070'39 "E, A DISTANCE OF 15.92 FEET TO THE POINT OF CURVATURE OF A CURVE CONCAVE
WESTERLY, HAVING A RADIUS OF 5.00 FEET, A CENTRAL ANGLE OF J8105,24", A CHORD BEARING OF N1852'03 "W AND A
CHORD DISTANCE OF 326 FEET, • THENCE NORTHERLY ALONG THE ARC OF SAID CURVE A DISTANCE OF 3.32 FEET TO THE
END OF SAID CURVE AND THE SOUTHERLY RIGHT OF WAY LINE OF STATE ROAD 434; THENCE RUN 5894921 "E ALONG
SAID SOUTHERLY RIGHT OF WAY LINE, A DISTANCE OF 56.61 FEET TO A POINT ON A NON - TANGENT CURVE
(CON77NUED ON SHEET 2)
SURVEY NOTES'
1. BEARINGS SHOWN HEREON ARE ASSUMED AND BASED
ON THE SOUTHERLY RIGHT OF WAY LINE OF STATE
ROAD 434, AS BEING S89 4921 "E.
2. LANDS SHOWN HEREON WERE NOT ABSTRACTED FOR
RIGHTS -OF -WAY, EA SEMEN 75; OWNERSHIP,
ADJOINERS OR OTHER INSTRUMENTS OF RECORD.
D2 /z4 /zoos
3. THIS SKETCH MEETS THE APPLICABLE "STANDARDS MLLIAM D. DONLEY DA 7E
OF PRACTICE" AS SET FORTH BY THE FLORIDA PROFESSIONAL SURVEYOR & MAAER
BOARD OF PROFESSIONAL SURVEYORS AND MAPPERS LICENSE NUMBER LS 5381
IN RULE 5,)17050 -.052, FLORIDA ADMINISTRA77VE NOT VALID WTHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A
CODE. FLORIDA LICENSED SURVEYOR AND MAPPER
4. THIS IS NOT A BOUNDARY SURVEY.
SHEET 1 OF 5 (SEE SHEET J AND 4 F17R SKETCH OF DESCRIPTION)
SKETCH OF DESCRIP710N ONLY. THIS IS NOT A SURVEY.
SKETCH OF DESCRIPTION
PREPARED FOR:
-OF-
C-00 Dewberry
UTILITY EASEMENT
VISTAWILLA ALE, LLC
520 SOUTH MAGNOLIA AVENUE
ORLANDO, FLORIDA 32801
PHONE: 321.354.9826 FAx:407.648.9104
A POR17ON Q` PARCEL Z
WWW.DEWBERRY.COM
BEING A POR7XW OF LOT 19, PNLLP R YOWGE GRANT
& SEC77CW A TOWSYP 11 SCUIN. RANGE J1 EAST
CERTIFICATE OF AUTHORIZATION NO. LB 8011
DATE.• 11114115 REV PRO. 50076508
DATE 051051116 DRANK BY KMS
SEMINOLE COUNTY F1 ORIPA
SCALE l' - N/A CHECKED BY: WD
LEGAL DESCRIPTION: (CONTINUED FROM SHEET 1)
CONCAVE EASTERLY, HAVING A RADIUS OF 5.55 FEET, A CENTRAL ANGLE OF 3554'16'; A CHORD BEARING OF
51770'59 "W AND A CHORD DISTANCE OF 3.42 FEET; THENCE RUN SOUTHERLY ALONG THE ARC OF SAID CURVE A
DISTANCE OF 3.48 FEET TO THE POINT OF TANGENCY; THENCE S00'10'39 "W, A DISTANCE OF 14.73 FEET TO THE POINT
OF CURVATURE OF A CURVE CONCAVE NORTHEASTERLY, HAVING A RADIUS OF 26.00 FEET, A CENTRAL ANGLE OF
90'00'00', A CHORD BEARING OF S44 49 21 "E AND A CHORD DISTANCE OF 36.77 FEET; THENCE SOUTHEASTERLY ALONG
THE ARC OF SAID CURVE A DISTANCE OF 40.84 FEET TO THE POINT OF TANGENCY- THENCE S89 49 21 'E, A DISTANCE OF
70.10 FEET TO A POINT ON THE WEST RIGHT OF WAY LINE OF OWEDO- SPRING HAMMOCK TRAIL, AS RECORDED IN
OFFICIAL RECORDS BOOK 3177, PAGE 632 OF SAID PUBLIC RECORDS; THENCE S06 21 '38 "W ALONG SAID WEST RIGHT OF
WAY LINE, A DISTANCE OF 31.51 FEET; THENCE DEPARTING SAID WEST RIGHT OF WAY LINE RUN N894921 "W, A DISTANCE
OF 7.03 FEET TO THE POINT OF CURVATURE OF A CURVE CONCAVE NORTHERLY, HAVING A RADIUS OF 71.00 FEET, A
CENTRAL ANGLE OF 06T6'34 "p A CHORD BEARING OF N8636'04 "W AND A CHORD DISTANCE OF 7.98 FEET; THENCE
WESTERLY ALONG THE ARC OF SAID CURVE A DISTANCE OF Z98 FEET TO THE POINT OF REVERSE CURVATURE OF A
CURVE CONCAVE SOUTHEASTERLY, HAVING A RADIUS OF 9.00 FEET, A CENTRAL ANGLE OF 93 42 23 , A CHORD BEARING
OF 54946'01 "W AND A CHORD DISTANCE OF 13.13 FEET; THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE A
DISTANCE OF 14.72 FEET TO THE END OF SAID CURVE; THENCE 50541'48 "W, A DISTANCE OF 126.84 FEET; THENCE
S44 49 21 "E, A DISTANCE OF 20.71 FEET TO THE POINT OF CURVATURE OF A CURVE CONCAVE NORTHEASTERLY, HAVING
A RADIUS OF 10.00 FEET, A CENTRAL ANGLE OF 392623 ", A CHORD BEARING OF S6432'33 E AND A CHORD DISTANCE
OF 6.75 FEET, • THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE A DISTANCE OF 6.88 FEET TO A POINT ON THE
SAID WEST RIGHT OF WAY LINE OF OVIEDO- SPRING HAMMOCK TRAIL; THENCE S0621'38 "W ALONG SAID WEST RIGHT OF
WAY LINE, A DISTANCE OF 23.50 FEET TO A POINT ON A NON- TANGENT CURVE CONCAVE NORTHEASTERLY, HAVING A
RADIUS OF 33.50 FEET, A CENTRAL ANGLE OF 39 00'10 , A CHORD BEARING OF N64'19 26 "W AND A CHORD DISTANCE OF
22.37 FEET; THENCE DEPARTING SAID WEST RIGHT OF WAY LINE RUN NORTHWESTERLY ALONG THE ARC OF SAID CURVE A
DISTANCE OF 22.80 FEET TO THE POINT OF TANGENCY- THENCE N44'49 21 "W, A DISTANCE OF 32.61 FEET• THENCE
N0621'38'E, A DISTANCE OF 59.49 FEET; THENCE N0073'04 "E, A DISTANCE OF 80.70 FEET TO A POINT ON A
NON- TANGENT CURVE, CONCAVE SOUTHWESTERLY, HAVING A RADIUS OF 10,00 FEET, A CENTRAL ANGLE OF 90'00'00; A
CHORD BEARING OF N44'49 21 "W AND A CHORD DISTANCE OF 14.14 FEET- THENCE NORTHWESTERLY ALONG THE ARC OF
SAID CURVE A DISTANCE OF 15.71 FEET TO THE END OF SAID CURVE, • THENCE N89 49'21'W, A DISTANCE OF 269.05 FEET
TO A POINT ON A NON-TANGENT CURVE, CONCAVE SOUTHEASTERLY, HAVING A RADIUS OF 3712 FEET, A CENTRAL
ANGLE OF 89J7'50", A CHORD BEARING OF 545'10 39 "W AND A CHORD DISTANCE OF 52.33 FEET, THENCE
SOUTHWESTERLY ALONG 7HE ARC OF SAID CURVE A DISTANCE OF 58.07 FEET TO THE END OF SAID CURVE, 7HENCE
S00'10'39 "W, A DISTANCE OF 116.01 FEET TO 7HE POINT OF CURVATURE OF A CURVE CONCAVE NORTHEASTERLY, HAVING
A RADIUS OF 10.00 FEET, A CENTRAL ANGLE OF 6625'19 , A CHORD BEARING OF S33'02'00 "E AND A CHORD DISTANCE
OF 10.95 FEET, THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE A DISTANCE OF 11.59 FEET TO THE POINT OF
TANGENCY- THENCE 50070'39" W, A DISTANCE OF 24.83 FEET; THENCE N89 49 21 "W, A DISTANCE OF 4745 FEET; THENCE
N00'03'05 E, A DISTANCE OF 97.98 FEET TO THE POINT OF BEGINNING.
CONTAINING: 23,213 SQUARE FEET OR 0.542 ACRES. MORE OR LESS
SHEET 2 OF 5 (SEE SHEETS J AND 4 FOR SKETCH OF DESCRIP110N)
SKETCH OF DESCRIPTION ONLY. THIS IS NOT A SURVEY.
SKETCH OF DESCRIPTION
PREPARED FOR:
-OF-
flP Dewberry
U11UTY EASEMENT
WSTAMLLA ALF, LLC
520 SOUTH MAGNOLIA AVENUE
ORLANDO, FLORIDA 32801
PHONE: 321.354.9B26 FAx:407,648.9104
A PORRON OF PARCEL Z
WWW.DEWBERRY.COM
KING A PORIXW OF LOT 19 P14LLP R YDYGE GRANT
R SFCMW A TO"NSUP 21 SOUTH. RANGE Jl EAST
CERTIFICATE OF AUTHORIZATION NO. LB 8011
DATE. • 11124/15 REV PRAT: 500765016
DAM- 051051216 DRANK BY KMS
SE'MINOLE COUNTY FLORIDA
SCALE 1' - N/A CHECKED BY. NOD
POINT OF COMMENCEMENT
NE CORNER OF WSrA WX LA ❑RI YE
(P.B. 47, PAGES 50 -61)
�SOUTHERLY RIGHT -OF -WAY LINE
(O.R. 2301, PAGE 1486)
S89'4921'E 533.27' STATE ROAD 434
S0070:39 "W 10, 00' VARIABLE WD 1N NGYT- IT- WAY
RIGHT - -Or WAY MAP SECWN 77070 -2517
I�
IOq
J&
58.g'401 7c*
107.6J'
i
of o
e zN
�W
3 t~ri
o�
0
2iIJ
o�
Z
S89'49'21 "E
12.67'
POINT OF
BEGINNING
�W
0
of
LO
PC
L= 83.25'
SOU
R= 53.00' RI HTT -EOF -WAY LINE I
,6--169'59'45" (OR 2301, PG 1486)
CB= N45'10'31 "E'
CH= 74.95' PNT
PC
PNT
CC
0
W
PT
W �
J
PC
PNT
PNT
I
D
D 20 40
S89 49'36 "E 171.58' I �u
�J LLJ l INCH - 40 FEET
123,213 sf Qj
(10.542 ac.)
N89'49'21 "W 269.05' I
L= 58.07'
R= 37.12'
4=89 ;37'50"
CB= 54570'39 "W
CH= 52.33'
NOT PLATTED
L= 11.59'
R= 10.00'
4=66'25'19"
CB= S33'02'00 "E
CH= 10.95'
- 50070'39 "W
�24 83'
I I�I
o� I LEGEND:
a
o° I
WQ I
�I
I
rI
I
t
— LINE BREAK
POC
POINT ON A CURVE
PC
POINT OF CURVATURE
PRC
POINT OF REVERSE CURVATURE
PT
POINT OF TANGENCY
PNT
POINT OF NON TANGENCY
RIRIGHT
OF WAY
OR
OFRCIAL RECORDS BOOK
P8
PLAT BOOK
PC
PACE
L
LENGTH
R
RADIUS
6
CENTRAL ANGLE
CB
CHORD BEARING
CH
CHORD LFNCTH
of
SQUARE FEET
ac
ACRES
o
CHANGE IN DIRECTION
CURVE TABLE
CURVE LENGTH
RADIUS
DELTA
CHORD
BEARING
Cl 7.85'
5.00
90'00'00'
7.07'
N45'10 39 E
N89'49'21 "W 47.45' SHEET 3 OF 5 (SEE SHEETS 1 AND 2 FOR DESCRIP710N OF SKETCH)
SKETCH OF DESCRIPTION ONLY THIS IS NOT A SURVEY.
SKETCH OF DESCRIPTION
PREPARED FOR:
Q.' Dewberry
UTILITY EASEMENT
WSTAWILLA ALF, LLC
520 SOUTH MAGNOLIA AVENUE
ORLANDO, FLORIDA 32801
PHONE: 321,354,9B26 FAX: 407.648.9104
A PORnON OF PARCEL Z
WWW,DEWBERRY.COM
BEING A PORmw OF LOT 19, PWLLF R YRVCE GRANT
B SECYGN A MW$NF 21 SW7K RANGE .TI EAST
CERTIFICATE OF AUTHORIZATION N0. LB 8011
DATE 11124115 REV PRW 500765015
DATE: 051051216 DRANK 8Y KAIS
SEMINOLE COUNTY FLORIDA
50ALE 1" — N/A CHECKED BY: NDD
LEGEND:
—
`l - LINE BREAK
POC
POINT ON A CURVE
PC
POINT OF CURVATURE
PAC
POINT OF REVERSE CURVATURE
PT
POINT OF TANGENCY
R/W
RIGHT OF WAY
OR
OMCIAL RECORDS BOOK
PB
PLAT BOOK
PG
PAGE
L
LENGTH
R
RADIUS
A
CENTRAL ANGLE
CS
CHORD BEARING
CH
CHORD LENGTH
al
SQUARE FEET
cc
ACRES
o
CHANGE IN DIREC710N
PERPETUAL DRAINAGE
EASEMENT (PARCEL 800) _
OR 2747, PG 496
EA SEMEN T TO IMPROVEMENTSC &UUT2ITIOS ROADWAY STATE ROAD 434
OR 4437, PC 54 VARIABLE WOTH RIGHT -OF -WAY
(BEARING BASIS) RIGHT -OF -WAY MAP 5EC7701V 77070 -2577
S89 '49'21 "E SOUTHERLY RIGHT -OF -WAY LINE D as +0
Qi I;j 1 N89'4921 "W 269.Q5'
NOT PLATTED
ACCESS EASEMENT
(PARCEL 808)
OR 2286, PG 374
OR 2299, PG 984
EASEMENT TO COUNTY
FOR ROADWAY
IMPROVEMENTS & U11LITIES
OR 4437, PG 54
L= 15.71'
R= 10.00'-
4= 90'00'00" —
CB= N44'49'21 "W
CH= 14,14'
CURVE TABLE
CURVE
56.61' PNT (OR 2301, PG 1486)
`
RADIUS
DELTA
7PNT
pN 7039 E c J PC
PT
C4
C2
1 INCH - 40 FEET
24.00
15.92' PT
S0070'39 "W 14.73'
PC
N4570 32 E
PEST R/W LINE
OVIEDD- SPRING
3.32'
��
589 E
Ccs` "E
3.26'
HAMMOCK TRAIL
100' R /W)
AND
Z
�6 �i
5.55
589'49'21
/ �
70.10
3.42'
EAST LINE
OF 10' WIDE
v W
PC —
__/
PT
90V0'00"
UTILITY EASEMENT
V 2
Ul
UTILITY EASEMENT
(23,213 sf
c
'�
0626J4'
798'
(PROPOSED)
(.4a542 oa.)
14.72'
9.00
93'42'23"
iJ 13'
P r
Qi I;j 1 N89'4921 "W 269.Q5'
NOT PLATTED
ACCESS EASEMENT
(PARCEL 808)
OR 2286, PG 374
OR 2299, PG 984
EASEMENT TO COUNTY
FOR ROADWAY
IMPROVEMENTS & U11LITIES
OR 4437, PG 54
L= 15.71'
R= 10.00'-
4= 90'00'00" —
CB= N44'49'21 "W
CH= 14,14'
CURVE TABLE
CURVE
LENGTH
RADIUS
DELTA
CHORD
BEARING
C2
37.70'
24.00
89 5946"
33.94'
N4570 32 E
C3
3.32'
500
38105'24"
3.26'
N1852'03 "W
C4
3.48'
5.55
3554'16"
3.42'
5177059'W
C5
40,84'
26.00
90V0'00"
36.77'
S4449'21 E
C6
798'
71.00
0626J4'
798'
N86 :36'04 "W
C7
14.72'
9.00
93'42'23"
iJ 13'
S49 46'01 "W
!-u
iw
0
z
O
v
W�
Y O �
UQ S
MATCH LINE `
SEE SHEET 5 Q g b
i
4.1
SHEET 4 OF 5
(Sff SHEETS 1 AND 2 FOR DESCRIP710W OF SNETCH)
SKETCH OF DESCRIPTION ONLY THIS IS NOT A SURVEY_
a rL ca
PC
C6
PNT C'6',,
J�I
PREPARED FOR:
—oF—
3 O
UTILI TY EASEMENT
:�
VISTAWILLA ALF, LLC
j Z
�jo
ORLANDO, FLORIDA 32801
1 i
O
v
W�
Y O �
UQ S
MATCH LINE `
SEE SHEET 5 Q g b
i
4.1
SHEET 4 OF 5
(Sff SHEETS 1 AND 2 FOR DESCRIP710W OF SNETCH)
SKETCH OF DESCRIPTION ONLY THIS IS NOT A SURVEY_
SKETCH OF DESCRIPTION
PREPARED FOR:
—oF—
Dewberry
UTILI TY EASEMENT
:�
VISTAWILLA ALF, LLC
520 SOUTH MAGNOLIA AVENUE
ORLANDO, FLORIDA 32801
PHONE: 321.354,9826 FAX: 407,648.9104
A PORPON OF PARCEL 2,
&MG A PORRON OF LOT 19, PMLLIP 2 WAM,E GRANT
WWW.DEWBERRY.COM
A SrCTM A TOMNSWP 21 SOU7K RANGE 31 EAST
CERTIFICATE OF AUTHORIZATION N0. LB 8011
DATE. 11124115 REV PRW.. 50076506
DAZE.• 051051216 DRA W BN KUS
SEMINOLE COUNTY PLURIDA
SCALE I' - MIA CHECKED BY.- NOD
LEGEND:
—4-- LINE BREAK
POC
POINT ON A CURVE
PC
POINT OF CURVATURE
PRC
POINT OF REVERSE CURVA MPE
PT
POINT OF TANGENCY
R/W
RIGHT OF WAY
OR
OFFICIAL RECORDS BOOK
PS
PLAT BOOK
PG
PACE
L
LENGTH
R
RADIUS
A
CENTRAL ANGLE
CB
CHORD BEARING
CH
CHORD LENGTH
s/
SQUARE FEET
ac
ACRES
o
CHANGE IN DIRECTION
LJ
D 20 40
1INCH - 40 FEET
UALITY EASEMENT
(PROPOSED)
.*23,213 sf
(.*0.542 ac.)
MA TCH LINE
SEE SHEET 4
' T
S4449'21 "E
o�^ 20.71'
2���
PT
50' WOE EASEMENT
TO COUNTY FOR ROADWA i
IMPROVEMENTS & UTILITIE:.
O.R. 4437, PAGE 54
L= 22.80'
R= 33.50'
4= 39'00'10 " -
CB= N6479'26 "W
10' WIDE PUBLIC CH= 22.37'
UTILITY EASEMENT
O.R. 44J7, PAGE J56
R= 10.00'
4=39'2623"
PG CB= S64'32'33 "E
CH= 6.75'
S0621 '38 "W
23 50'
v
4
"1 cz m
- a� DE
Z 9 -1
Q: a :'�
� �c ae
0
dp
o
WEST R/W LINE OWEDO- SPRING
HAMMOCK TRAIL (100' R /W)
AND EAST LINE OF lo' 1MDE
UALITY EASEMENT
SHEET 5 OF 5 (SEE SHEETS I AND 1 MR DESCRIPnav OF sKETt HJ
SKETCH OF DESCRIPTION ONLY. THIS IS NOT A SURVEY.
SKETCH OF DESCRIP 77ON
PREPARED FOR:
dewberry
U71LITY EASEMENT
NSTAWILLA ALF, LLC
520 SOUTH MAGNOLIA AVENUE
ORLANDO, FLORIDA 32801
PHONE: 321,354,9826 FAx:407,648,9104
A PORRON OF PARCEL 2.
WNC A POR17ON OF LOT 19, P)4UP R. YaVGf GRANT
WWW.DEWBERRY.COM
& SECRON 4 1ONNSNP 21 S007{ RANGE 31 EAST
CERTIFICATE OF AUTHORIZATION N0. LB 8011
DATE.. 11114115 REV PRW.. 50076506
DATE.' 051051116 DRANK B)' KMS
SEHINOLF COUNTY FLORIDA
SCALE 1' - N/A CHECKED BY.- NOD
0
Vii,
mi
F2,
r "I
EXHIBIT
A
LLOR R.
Ill
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1:
ON
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Sit,
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LLOR R.
Ill
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