HomeMy WebLinkAboutMNH Enterprises, Inc. Utility Easement 2007 07 30 1! III !1 III ills 1 IN 11 IN !in1 1111 IN 111111{ 1
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MARYANNE MORSE, CLERK OF CIRCUIT COURT
SEMINOLE COUNTY
SK 3 PRs 134 - 13501 (7pEs)
This instrument prepared by CLERK' S # 2 712 647
and to be returned to:
RECORDED 8/29/2 7 @Is2liU PM
Richard E. Danley,Jr.,Esquire DEED DOC TAX
LOWNDES,DROSDICK,DOSTER, RECORDIN8 FEES 61.00
KANTOR&REED,P.A. RECORDED Y H DeVare
215 North Eola Drive
Orlando,Florida 32801
FIRST AMENDMENT TO
PUBLIC UNDERGROUND UTILITY EASEMENT
THIS FIRST AMENDMENT TO PUBLIC UNDERGROUND UTILITY
EASEMENT (hereinafter referred to as the " FIRST AMENDMENT") is made and entered into
as of the 30tbday of Jules 2007, between NM ENTERPRISES, INC., a Florida
corporation (the "Grantor"), whose address is 1101 N. Maitland Avenue, Maitland, Florida
32751, and the CITY OF WINTER SPRINGS, FLORIDA, a Florida Municipal Corporation,
(the"City"), whose address is 1136 East State Road 434,Winter Springs, Florida 32798.
RECITALS:
A. Grantor is the fee simple owner of that certain real property known commonly as Golf
Pointe Villas At The Highlands, 430 Sheoah Boulevard, Winter Springs, Florida 32708 located
in Seminole County, Florida, more particularly described on Exhibit "A" attached hereto and
made a part hereof ("Golf Pointe").
B. Grantor and Grantee previously entered into a Public Underground Utility Easement
dated April 6, 2006, recorded April 19, 2006 in Official Records Book 6209, Page 1857; re-
recorded on May 3, 2007 in Official Records Book 6681, Page 1321, Public Records, Seminole
County, Florida, and re-recorded May 22, 2007, in Official Records Book 6701, Page 891, in the
Public Records of Seminole County Florida(the"Original Easement").
C. The Original Easement grants to the City four (4) separate underground utility
easements known respectively therein as "Easement "A" Easement "B" Easement "C" and
Easement"D" (herein so called).
D. The legal description for Easement"A" attached to the Original Easement is incorrect
and the Golf Pointe building encroaches into Easement "A". Grantor and the City now desire to
amend and revise the Original Easement to delete the legal description for Easement "A" as
shown on the Original Easement and substitute for the same, for all purposes, the legal
description set forth on that certain Sketch and Description for VtLfity Easement A attached
hereto as Exhibit"A" and by reference incorporated herein("Corrected Easement A").
003860ON 127067\1074573\2
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NOW, THEREFORE, in consideration of the premises and the mutual
- - -
covenants, terms and conditions set forth herein, the receipt and sufficiency of which is hereby
acknowledged, the Grantor and the City agree as follows:
1. Amendment of Le al Descr tion. The legal description for Easement_"A", as
eby deleted for all purposes and shall be without further
attached to the Original Easement, is her
force or effect. The legal description for Corrected Easement "A" attached hereto as Exhibit
"A" is hereby substituted for an is the permanent legal description for Easement "A" under the
Original Easement. Grantor hereby grants to the City the Corrected Easement "A", which is a
portion of the Golf Pointe property, is an underground, public-utility easement held by the City,
and is granted on the same terms and
dlimited l�os sand ary sewer anfor the edppo sable wateoses set r
1 nes and
in the
Original Easement, including but
meters (as the case may be)for the use and benefit of the Golf Pointe property and the City.
2. Recordation. Grantor shall record this First Amendment at Grantor's expense in
the Public Records, Seminole County, Florida. Grantor shall hold the City harmless from any
recording costs or fees necessary to record this First Amendment in the Public Records,
Seminole County, Florida.
3. Ratification,
. Except as amended by this First Amendment, each of the parties
hereby confirms that the Original Easement is in full force and effect and is hereby ratified and
confirmed. Easement B, Easement C and Easement D are unchanged and remain in full force
and effect with the legal descriptions for the same as attached to the Original Easement.
4. Successors. The covenants, terms, conditions and restrictions of this First
Amendment shall be binding upon, and inure to the benefit of, the parties hereto and their
respective heirs, personal representatives, successors and assigns and shall continue as a
servitude running in perpetuity with the Property.
5. Counter arts. This instrument may be executed in counterparts, all of which,
taken together, shall constitute a single instrument.
[SIGNATURE PAGE TO FOLLOW]
0038600\1 27067\1 074573\2
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IN WITNESS WHEREOF, Grantor and the City have caused this instrument to be
executed and delivered-by their respective duly authorized officers-or agents to be and become
effective as of the day and year first above written.
Signed, sealed and delivered in the MNH ENTERPRISES,INC,
presence of the following witnesses: a Florida corporatiu
By:
SignaM,qA
of '`ess, Printed l'�ame: Talal E. Hilal
_ j �`°° Title: President
Printed Name o itness
^
Date: 2007
Signature p'Witness
L
PU� TA
Printed Name of Witness
CITY OF WINTERS- 'RINGS
� 'Name:f W 1ur iwes
'
Title:
"
Printed N-me of Witne,s
.m
Date:ry
Signature of Witness
Printed Name of Witness
Atte4,:
p 1 ,
Clerk
0038600\127067\1074573\2
STATE OF F los�&_
COUNTY OF G OAIAV-
The foregoing instrument was acknowledged before me this -2V day of July, 2007, by
Talal E. Hilal, as President of MNH Enterprises, Inc., a Florida corporation, on behalf of the
corporation. e is ersonall known to me or has produced . ........— . as
identification.
(NOTARY SEAL) Notary Publ c'Signature
AF PUBLIC
J.T ATE =Y Name typed, printed 3 ��
NOTARY PUBLIC-STATE OF F '� ,
COMMISSION 11 ( yp p d or stamped)
EXPIRES THR e.
UI• NOTAY1 F I os> 7
BONDED THRU Notary Public, State of ' &R idG 7A
Commission No.: DO 111611
My Commission Expires: OS- 11 -QL 6p
STATE OF1�L
COUNTY OF_ QZjw4 �
The foregoing instrument was acknowledged before me this 50L day of
2007, by Ronald E. McLemore, as City Manager of City of Winter Springs, a Florida m� licipal
rp iP personallye ...,............W_... . me or has produced
corporation, on behalf of the corporation. He isknown to
as identification.
(NOTARY SEAL) ,
Notary�lic�ignat�re
Danielle Harker
,o �� ed or Est e i
� �"�� Notary Public State of Flonda � �
My Commission DD663371 p
Name typed, printed d
( yp p � 1 � n�
� .
Notary Public, State of_w
Ex�fires 0411512b1 m„
Commission No 5'°
My Commission Expires: � u
0038600\127067\1074573\2
UTILITY EASEMENT "A" EXHIBIT "Lill
SKETCH AND DESCRIPTION
THE HIGHLANDS SECTION THREE
(THIS IS NOT A SURVEY)
Legal Description:
A PORTION OF TRACTS E AND I, THE HIGHLANDS SECTION THREE, CITY OF WINTER SPRINGS, AS RECORDED IN PLAT
BOOK 17, PAGES 48 AND 49, PUBLIC RECORDS OF SEMINOLE COUNTY, FLORIDA, BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
COMMENCE AT THE SOUTHEAST CORNER OF TRACT D OF SAID PLAT, THE HIGHLANDS SECTION THREE; THENCE S
85'11'58" W, ALONG THE SOUTH LINE OF SAID TRACT D, A DISTANCE OF 70.00 FEET; THENCE DEPARTING SAID
SOUTH LINE RUN; THENCE RUN N 36'50'38" W, 217.13 FEET; THENCE RUN N 44'47'02" W. 177.77 FEET; THENCE
RUN N83'36'38" W, 315.32 FEET; THENCE RUN N 10'21'05" W, 310.54 FEET; THENCE RUN N 57'33'00" E, 150.51
FEET; THENCE RUN N 66'29'30" E, 340.92 FEET; THENCE RUN N 27'13'43" E, 153.87 FEET; THENCE RUN N
06'52'27" E, 72.74 FEET; THENCE RUN S 68'35'20" E, 87.08 FEET; THENCE RUN N 21'24'40" E, 49.47 FEET;
THENCE RUN N 68'35'20" W, 14.65 FEET TO THE POINT OF BEGINNING; THENCE RUN N 06'57'14" E, 13.61 FEET;
THENCE RUN S 83'21'00" E, 2.60 FEET; THENCE RUN N 06'39'00" E, 5.00 FEET; THENCE RUN S 83'21'00" E, 6.00
FEET; THENCE RUN N 06'39'00" E. 49.45 FEET; 'THENCE RUN S 83'21'00" E, 13.03 FEET; THENCE RUN S 06'30'17"
W, 1.44 FEET; THENCE RUN S 51'05'08" E, 33.33 FEET, THENCE RUN N51'30'17" E, 3.59 FEET; THENCE RUN N
07'55'57" E, 45.71 FEET; THENCE RUN N 83'29'43" W, 5.88 FEET; THENCE RUN N 06'39'00" E, 15.00 FEET;
THENCE RUN S 83'29'43" E, 6.31 FEET; THENCE RUN N 07'55'57" E, 13.01 FEET; THENCE RUN N 38'29'43" W, 9.31
FEET; THENCE RUN N 06'39'00" E, 14.90 FEET; THENCE RUN S 83'21'00" E, 12.84 FEET; THENCE RUN N 06'39'00"
E. 9.70 FEET, THENCE RUN N 83'21'00" W, 5.51 FEET; THENCE RUN N 07'58'16" E, 18.72 FEET; THENCE RUN S
83'21'00" E. 5.16 FEET; THENCE RUN N 06'39'00" E, 9.90 FEET; THENCE RUN N 83'21'00" W, 4.93 FEET; THENCE
RUN N 07'58'16" E, 15.09 FEET; THENCE RUN N 83'29'43" W. 8.33 FEET; THENCE RUN N 06'39'00" E, 15.00 FEET;
THENCE RUN S 83'29'43" E, 8.68 FEET; THENCE RUN N 07`58'16" E, 32.03 FEET; THENCE RUN N 83'29'43" W,
9.42 FEET; THENCE RUN N 06'39'00" E, 15.00 FEET; THENCE RUN S 83'29'43" E, 9.77 FEET; THENCE RUN N
07'58'16" E, 29.55 FEET; THENCE RUN N 83'29'43" W, 10.45 FEET; THENCE RUN N 06'39'00" E, 15.00 FEET;
THENCE RUN S 83'29'43" E, 10.80 FEET; THENCE RUN N 07'58'16" E, 16.45 FEET; THENCE RUN N 89'51'43" W,
15.92 FEET; THENCE RUN N 83'29'43" W. 10.26 FEET; THENCE RUN N 06'39'00" E, 7.56 FEET; THENCE RUN N
83'21'00" W, 3.94 FEET; THENCE RUN N 06'30'17" E, 7.56 FEET; THENCE RUN S 85'25'38" E, 8.96 FEET TO A
POINT ON A NON-TANGENT CURVE CONCAVE TO THE SOUTHWEST HAVING A RADIUS OF 339.78 FEET, A CENTRAL
ANGLE OF 12'16'21" AND A CHORD BEARING OF N 55'32'02" W; THENCE ALONG THE ARC OF SAID CURVE RUN
72.78 FEET TO A POINT; THENCE RUN N 23'01'18" E, 15.06 FEET TO A POINT ON THE WESTERLY RIGHT OF WAY
LINE OF SHEOAH BOULEVARD SAID POINT BEING ON A NON-TANGNET CURVE CONCAVE TO THE SOUTHWEST HAVING
A RADIUS OF 354.78 FEET, A CENTRAL ANGLE OF 20'50'11" AND A CHORD BEARING OF S 51,28,23" E; THENCE
ALONG THE ARC OF SAID CURVE AND WESTERLY RIGHT OF WAY LINE RUN 129.02 FEET TO A POINT; THENCE
DEPARTING SAID WESTERLY RIGHT OF WAY LINE RUN S 45'16'31" W, 4.62 FEET; THENCE RUN S 07'58'16" W,
258.00 FEET; THENCE RUN S 5130'17" W, 19.52 FEET; THENCE RUN S 38'29'43" E, 9.89 FEET; THENCE RUN S
51'30'17" W. 15.00 FEET; THENCE RUN N 38'29'43" W. 9.89 FEET; THENCE RUN N 83'29'43" W, 36.01 FEET;
THENCE RUN S 06*57-30" W, 13.59 FEET; THENCE RUN S 51'30'17" W, 24.62 FEET TO THE POINT OF BEGINNING.
CONTAINING 0.26 ACRES (11,194 SQUARE FEET) MORE OR LESS.
NOTE:
1. NOT VALID WITHOUT THE SIGNATURE AND THE
RAISED SEAL OF A FLORIDA LICENSED SURVEYOR
AND MAPPER.
2. BEARINGS ARE BASED ON SOUTH LINE OF TRACT "D"
BEING S 85'11'58" W, PER THE HIGHLANDS SECTION
THREE, AS RECORDED IN PLAT BOOK 17 PAGES 48
AND 49, PUBLIC RECORDS OF SEMINOLE COUNTY,
FLORIDA.
3. THE LANDS SHOWN HEREON WERE NOT ABSTRACTED
FOR RIGHTS OF WAY, EASEMENTS, OWNERSHIP, OR
OTHER INSTRUMENTS OF RECORD BY THIS FIRM.
7-28-2007
SEE SHEET 2 OF 3 FOR SKETCH AND 3 OF 3 FOR LINE/CURVE TABLES PROJECT D7001 (ESMT-A-SD.DWG) SHEET 1 OF .3
PREPARED BY. Associated Land Surveying
ASSOCIATED LAND SURVEYING 8c MAPPING, INC.
SURVEYOR AND MAPPER ! •.,. ESPONS/BLE CHARGE & Mapr)ing, Inc.
110 WYMORE ROAD, SUITE 111, ALTAMONTE SPRINGS, FLORIDA 32714
PH (407) 869-5002, FAX (407) 869-8393
�0 r�lcC 1 CERTIFICATE OF AUTHORIZATION LB 6767
FLORIDA REGISTERED SURVEYOR ANDND MAPPER CERAf1CATE No. 4779
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a. UTILI TY EA SEMEN T "A"
SKETCH AND DESCRIPTION
THE HIGHLANDS SECTION THREE
(THIS IS NOT A SURVEY)
0)
MAT
., rw
00
1" = 60'
L52 L4gk \
,5
` L4
( Point of Commencement
-
SE CORNER OF TRACT "D"
THE HIGHLANDS SECTION THREE
N
4 r' ;` `, PLAT BOOK 17, PAGES 48-49
"W
� �; L1
• .�_.�-..
_... A S. LINE
7 .. TRACT "D"
Clq
15-
I L31, �o
CO
25 IN o
J
N _.._.
r rcV
'n L62
co
Y
.�..�.,
�10 J Point of Beginning
MA H INE
7-28-2007
SEE SHEET 1 OF 3 FOR LEGAL AND 3 OF 3 FOR LINE/CURVE TABLES PROJECT 07001 (ESMT—A—SO.DWG) SHEET 2 OF 3
Associated Land Surveying
& Mapping, Inc.
110 WYMORE ROAD, SUITE 111, ALTAMONTE SPRINGS, FLORIDA 32714
PH (407) 869-5002, FAX (407) 869-8393
CERTIFICATE OF AUTHORIZATION # LB 6767
UTILITY EASEMENT "A"
SIDE TCH AND DESCRIPTION
THE HIGHLANDS SECTION THREE
(THIS IS NOT A SURVEY)
L-IN E T A B L.E_..-_...........
LINE TABLE
LINE LENGTH BEARING LINE LENGTH BEARING
L1 70.00 S85°11'58'W L33 5.16S83°21'00'E
L2 217,13 N36°50'38'W L34 9.90 N06°39'00'E
L3 177.77 N44°47'02'W L35 4,93 N83°21'00'W
L4 315.32 N83°36'38'W L36 15.09 N07°58'16'E
L5 310.54 N10°21'05'W L37 8,33 N83°29'43'W
L6 150.51 N57033'00'E L38 15.00 N06`39'00'E
L7 340.92 N66°29'30'E L39 8.68 S83°29'43'E
L8 153.87 'N27°13'43'E L40 32.03 N07°58'16'E
L9 72.74 N06°52'27'E L41 9.42 N83629'43'W
L10 87.08 S68`35'20'E L42 15.00 N06°39'00'E
2440E L43 9.77 L11 49.47 N21° ' ' , _
S83°29'43'E
-. _L12 14.65 N68 35 20 W L44 29.55 N07°58'16'E
L13 13.61 N06657'14'E L45 00.45 N83°29'43'W
L14 2.60 S83°21'00'E L46 15.00 N06°39'00'E
L15 5.00 N06°39'00'E L47 10.80 S83629'43'E
L16 6.00 S83°21'00'E L48 16.45 N07058'16'E
_...............
L17 49.45 N06°39'00'E L49 15.92 N89651'43'W
L18 13.03 S83°21'00'E L50 10.26 N83°29'43'W
L19 1.44 S06°30'17'W L51 7.56 N06°39'00'E
L20 33.33_j S51605'08'E L52 3.94 N83°21'00'W
L21 3.59 N51630'17'E L53 7,56 N06°30'17'E
L22 45.71 N07°55'57'E L54 8.96 S85°25'38'E
L23 5,88 N83°29'43'W L55 15.06 N23°01'18'E
L24 15.00 N06°39'00'E L56 4.62 S45°16'31'W
L25 6.31 S83°29'43'E L57 258.00 S07°58'16'W
L26 13.01 N07655'57'E L58 19.52 S51°30'17'W
L27 9.31 N38629'43'W L59 9189 S38°29'43'E
L28 14.90 N06°39'00'E L60 15.00 S51°3(717'W
L29 12.84 S83°21'00'E L61 9.89 N38629'43'W
L30 9.70 N06°39'00'E L62 36.01 N83°29'43'W
L31ITITIT 5.51 r N83°21'00'W L63 13.59 S06°57'30'W
L32 18.72 N07°58'16'E L64 24.62 S51°30'17'W
........
CURVE TABLE
CURVE RADIUS DELTA LENGTH CHORD BEARING
Cl 339,78 12°16'21' 72.78 N55°32'02'W
C2 35438 20°50111' 129.02 S51°28'23'E
7-28-2007
SEE SHEET 1 OF 3 FOR LEGAL AND 2 OF 3 FOR SKETCH PROJECT 07001 (ESMT-A-0.01MG) SHEET 3 OF 3
Associated Land Surveying
. & Mapping, Inc.
110 WYMORE ROAD, SUITE 111, ALTAMONTE SPRINGS, FLORIDA 32714
PH (407) 869-5002, FAX (407) 869-8393
CERTIFICATE OF AUTHORIZATION # LB 6767