HomeMy WebLinkAboutPublic Sanitary Sewer Easement Amendment - 2019 05 22 Grant Maloy, Clerk Of The Circuit Court&Comptroller Seminole County, FL
Inst#2019055762 Book:9361 Page:1419-1425; (7 PAGES)RCD: 512812019 11:01:37 AM
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City of Winter Springs,Attn:City Manager Instrument No. 2018078431
1126 East S.R.434 Book 9168.Page 1467
Winter Springs,FL 32708 Seminole County,Florida
Official Records
AMENDMENT TO
PUBLIC SANITARY SEWER EASEMENT
THIS AMENDMENT TO PUBLIC SANITARY SEWER EASEMENT (this
"Amendment") is made this 2-2—_ day of McLq , 2019, by and between
DFC SEMINOLE CROSSING, LLC, a Florida li ited liability company, having a mailing
address of 14701 Philips Highway, Suite 300, Jacksonville, FL 32256 (hereinafter called
"Grantor"), and 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, Winter Springs Holdings, Inc., a Delaware corporation (hereinafter called
"Winter Springs"), as "grantor," and Grantee, as "grantee," previously entered into that certain
Public Sanitary Sewer Easement dated as of July 2, 2018,recorded July 9, 2018 as Instrument No.
2018078431 in Book 9168, Page 1467 of the Seminole County, Florida Official Records (the
"Agreement').
WHEREAS, Winter Springs subsequently conveyed to Tuskawilla Retail Partners, LLC,
a Florida limited liability company("Tuskawilla"),the Grantor Parcel,which included the entirety
of the Easement Parcel, pursuant to that certain Special Warranty Deed dated as of July 2, 2018,
recorded July 9, 2018 as Instrument No. 2018078434 in Book 9168, Page 1489 of the Seminole
County, Florida Official Records.
WHEREAS, Tuskawilla then conveyed to Grantor the Grantor Parcel, which included the
entirety of the Easement Parcel,pursuant to that certain Special Warranty Deed dated as of July 2,
2018, recorded July 9, 2018 as Instrument No. 2018078440 in Book 9168, Page 1546 of the
Seminole County, Florida Official Records.
WHEREAS, Grantee and Grantor, as fee simple owner of the Grantor Parcel and the
Easement Parcel, now desire to amend the Agreement on the terms more particularly set forth
herein.
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,the parties
agree as follows:
1
Book 9361 Page 1420
Instrument#2019055762
1) Recitals; Defined Terms. The foregoing recitals are hereby incorporated herein by this
reference. All capitalized terms used but not defined herein shall have the meanings
ascribed to such terms in the Agreement.
2) Easement Area. The depiction and description of the Easement Area as shown on Exhibit
"B" attached to the Agreement is hereby deleted in its entirety and replaced with the
depiction and description of the Easement Area as shown on Exhibit`B" attached hereto
and incorporated herein.
3) Counterparts. The parties may execute this Amendment in any number of counterparts,
each of which shall be deemed an original and all of which taken together shall constitute
a single agreement.
4) Governing Law. This Amendment shall be governed by the laws of the State of Florida.
5) 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.
6) Amendment;Ratification. The provisions of this Amendment supersede any and all other
communications among the parties concerning the subject matter hereof,and constitute the
sole and entire agreement among the parties with respect to such subject matter. Except as
expressly modified and amended herein,the Agreement shall remain in full force and effect
and, as modified and amended herein, is expressly ratified and confirmed by the parties
hereto.
[Signatures appear on the following page]
2
Book 9361 Page 1421
Instrument#2019055762
IN WITNESS WHEREOF, Grantor and Grantee set their respective hands on the day
and year above written.
GRANTOR:
DFC SEMINOLE CROSSING, LLC,
a Florida limited liability company
WITNE SES:
't c �
t By.
Print Name: �, . x�ter, Named c. /sic
Title:
STATE OF. ���
COUNTY O N.
The foregoing instrume was acknowledged and sworn to efore me this / -/qday of
a 2019, by / C as the of DFC
Se ' ole Crossing, LLC, a Florid invited liability company, o is/' �t persona y no �to
me, or has produced as identification.
LINDAJAYNE RICHARDSON NOTAR
„• %
Commission#GG 105803
Ex ires June 3,2021
p
Bonded Thru Troy Filn Insurenro 800-385-700
3
Book 9361 Page 1422
Instrument#2019055762
GRANTEE:
WITNESSES CITY OF WINTER--SPRINGS
Print Name Q r,,0,/v1 �f�4�� �'6 By: Shawn Bo
Interim City a ager
�I
Print Name 2m�, r, I
STATE OF FLORIDA
COUNTY OF SEMINOLE
The foregoing instrument was acknowledged and sworn to before me this day of
mav , 2019 by Shawn Boyle, Interim City Manager of the City of Winter Springs
Florida who is is not personally known to me, or has produced as
identification.
RNOTARY PUBLIC
CASEY NICOLE CAZF
AN Y f
Notary Public State loridaCommission#GG 3477
or ° My Comm.Expires May 8.2023
Bonded through National Notary Assn.
4
Book 9361 Page 1423
Instrument#2019055762
EXHIBIT`B"
Page 1 of 3
LEGAL DESCRIPTION OF EASEMENT PARCEL
A PORTION OF LOT 7,BLOCK"A",D.R.MITCHELL'S SURVEY OF THE LEVY GRANT ON LAKE JESSUP, SAID
LANDS LYING IN SECTION 6,TOWNSHIP 21 SOUTH,RANGE 31 EAST,ACCORDING TO THE PLAT THEREOF
AS RECORDED IN PLAT BOOK 1,PAGE 5,OF THE PUBLIC RECORDS OF SEMINOLE COUNTY,FLORIDA;
BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCE AT THE INTERSECTION OF THE SOUTHERLY LINE OF ACQUISITION PARCEL B (THE
RAILS TO TRAILS CORRIDOR)AS DESCRIBED IN OFFICIAL RECORDS BOOK 4092,PAGE 0164,
PUBLIC RECORDS OF SEMINOLE COUNTY,FLORIDA AND THE WESTERLY RIGHT OF WAY OF
MICHAEL BLAKE BOULEVARD AS DESCRIBED IN OFFICIAL RECORD BOOK 7486,PAGE 138,PUBLIC
RECORDS OF SEMINOLE COUNTY,FLORIDA;THENCE RUN S77°43'04"E ALONG SAID SOUTHERLY
LINE AND THE NORTHERLY LIMIT OF THE AFORESAID MICHAEL BLAKE BOULEVARD,A
DISTANCE OF 31.52 FEET;THENCE CONTINUING ALONG SAID SOUTHERLY LINE AND NORTHERLY
LIMIT RUN S46"]3'52"E A DISTANCE OF 32.61 FEET TO A POINT ON THE EASTERLY RIGHT OF WAY
OF THE AFORESAID MICHAEL BLAKE BOULEVARD AND THE BEGINNING OF A NON-TANGENT
CURVE CONCAVE SOUTHEASTERLY HAVING A RADIUS OF 944.00 FEET AND CORD BEARING OF
S40°13'29"W;THENCE DEPARTING SAID SOUTHERLY LINE,FROM A TANGENT BEARING OF
S42°18'52"W RUN SOUTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF
4°10'46"A DISTANCE OF 68.86 FEET FOR A POINT OF BEGINNING;THENCE CONTINUING ALONG
SAID EASTERLY RIGHT OF WAY RUN SOUTHERLY ALONG THE ARC OF SAID CURVE THROUGH A
CENTRAL ANGLE OF 2°51']1"A DISTANCE OF 47.00 FEET;THENCE DEPARTING SAID CURVE AND
EASTERLY RIGHT OF WAY RUN S52°50'51"E A DISTANCE OF 41.59 FEET;THENCE RUN N37°09'09"E
A DISTANCE OF 47.00 FEET:THENCE RUN N52°50'51"W A DISTANCE OF 41.95 FEET TO THE POINT
OF BEGINNING.
CONTAINING THEREIN 1970 SQUARE FEET MORE OR LESS.
5
Book 9361 Page 1424
Instrument#2019055762
EXHIBIT"B"
Page 2 of 3
LEGAL DESCRIPTION
LIFT STATION EASMENT
A PORTION OF LOT 7, BLOCK"A", D.R. MITCHELL'S SURVEY OF THE LEVY GRANT ON LAKE JESSUP, SAID LANDS LYING IN
SECTION 6, TOWNSHIP 21 SOUTH, RANGE 31 EAST, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 1, PAGE
5, OF THE PUBLIC RECORDS OF SEMINOLE COUNTY, FLORIDA; BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCE AT THE INTERSECTION OF THE SOUTHERLY LINE OF ACQUISITION PARCEL B (THE RAILS TO TRAILS CORRIDOR)
AS DESCRIBED IN OFFICIAL RECORDS BOOK 4092, PAGE 0164, PUBLIC RECORDS OF SEMINOLE COUNTY, FLORIDA AND THE
WESTERLY RIGHT OF WAY OF MICHAEL BLAKE BOULEVARD AS DESCRIBED IN OFFICIAL RECORD BOOK 7486, PAGE 138,
PUBLIC RECORDS OF SEMINOLE COUNTY, FLORIDA;THENCE RUN S77043'04"E ALONG SAID SOUTHERLY LINE AND THE
NORTHERLY LIMIT OF THE AFORESAID MICHAEL BLAKE BOULEVARD,A DISTANCE OF 31.52 FEET; THENCE CONTINUING ALONG
SAID SOUTHERLY LINE AND NORTHERLY LIMIT RUN 546913'52"E A DISTANCE OF 32.61 FEET TO A POINT ON THE EASTERLY
RIGHT OF WAY OF THE AFORESAID MICHAEL BLAKE BOULEVARD AND THE BEGINNING OF A NON-TANGENT CURVE CONCAVE
SOUTHEASTERLY HAVING A RADIUS OF 944.00 FEET AND CORD BEARING OF S40913129"W;THENCE DEPARTING SAID
SOUTHERLY LINE, FROM A TANGENT BEARING OF 542118'52"W RUN SOUTHERLY ALONG THE ARC OF SAID CURVE THROUGH A
CENTRAL ANGLE OF 4910'46" A DISTANCE OF 68.86 FEET FOR A POINT OF BEGINNING; THENCE CONTINUING ALONG SAID
EASTERLY RIGHT OF WAY RUN SOUTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 2951'11" A
DISTANCE OF 47.00 FEET; THENCE DEPARTING SAID CURVE AND EASTERLY RIGHT OF WAY RUN 552°50'51"E A DISTANCE OF
41.59 FEET;THENCE RUN N37909'09"E A DISTANCE OF 47.00 FEET: THENCE RUN N52950'51"W A DISTANCE OF 41.95 FEET
TO THE POINT OF BEGINNING.
CONTAINING THEREIN 1970 SQUARE FEET MORE OR LESS. LEGEND
C1 = REFERENCE TO CURVE TABLE
CB =CHORD BEARING
CH =CHORD
CURVE TABLE: INC. =INCORPORATED
LB = LICENSED BUSINESS
C1: R= 944.00 Delta= 2°51'11"Arc= 47.00 CB= S36°42'31"W CH= 47.00 No. = NUMBER
C2: R= 944.00 Delta= 4°10'46"Arc= 68.86 CB= S40'13'29"W CH= 66.84 O.R.B =OFFICIAL RECORDS BOOK
NOTE:ALL DISTANCES ARE EXPRESSED IN FEET:
PB = PLAT BOOK
PG-PG5 = PAGE(S)
GENERAL NOTES' POB = POINT OF BEGINNING
1. BEARINGS SHOWN ARE BASED ON THE NORTHERLY LIMITS OF MICHAEL POC = POINT OF COMENCEMENT
BLAKE BOULEVARD, AS DESCRIBED IN OFFICIAL RECORDS BOOK 7486, P.5.M. = PROFESSIONAL SURVEYOR
PAGE 138,AS BEING S77°43'04"E AND MAPPER
R = RADIUS
R/W = RIGHT OF WAY
RNG. = RANGE
SEC. = SECTION
TWP. =TOWNSHIP
THIS IS NOT A BOUNDARY SURVEY
N V 5
201 SOUTH BUMBY AVE.
ORLANDO, FL 32803
P: 407.896.3317 WWW.NV5.COM
CHRISTOPHER A. LABERGE, P.S.M., PREPARED FOR:CATALYST DEVELOPMENT PARTNERS 11, LLC
FLORIDA REGISTRATION No. 6014
NV5,INC. DATE: 5/03/2019 DRAWN BY: D. LAMMERS
201 S. BUMBY AVENUE, ORLANDO, FL 32803 REVISED: N/A JOB No.: 13034.13
LB No. 8246
SCALE: N/A SHEET ] OF 2
6
Book 9361 Page 1425
Instrument#2019055762
EXHIBIT`B"
Page 3 of 3
SKETCH OF DESCRIPTION
LIFT STATION EASMENT
(RAP5QU1SJl7p
' O'R.B�092 CORR1O'R _SOUTHERLY LINE 0 10 20
- G. 0164 ) '^ PARCEL B
- POC Scale: 1" = 20'
_3l
TRACT "A" // .5-
(EAGLE EDGE LANE)
V6.
/RT
HERLY LIMIT OF
/ MICHAEL BLAKE BLVD T' F
/
WINTER SPRINGS
APARTMENTS-A REPLAT
PB. 92, PG5. 63-66 EASTERLY
RM LINE ",
LOT
WESTERLY D.R.MITCHELLS SURVEY
R/W LINE \ Q' OF THE LEVY GRANT ON
LAKE IEBILOCK A1, PG. 5
POB /
LOT 7
0.
o
9S
S opPI
O
SEC. 6,TWP.21 S. RGE, 31 E it Sj
THIS IS NOT A BOUNDARY SURVEY
N V 5 PREPARED FOR:CATALYST DEVELOPMENT PARTNERS II. LLC
201 SOUTH BUMBY AVE. DATE: 5/03/2019 DRAWN BY: D. LAMMERS
ORLANDO, FL 32803 REVISED: N/A JOB No.: 13034.13
P: 407.896.3317 WWW.NV5.COM SCALE: 1" = 20' SHEET 2 OF 2
7