HomeMy WebLinkAboutTuscawilla Property Investors, LLC - Public Utility Easement (Addresses of 1173-1193 E SR 434) 2022 06 21 Grant Maloy, Clerk Of The Circuit Court&Comptroller Seminole County, FL
Inst#2022073228 Book:10264 Page:547-561; (15 PAGES) RCD: 6/23/2022 11:05:38 AM
REC FEE $129.00
Prepared by and return to:
City of Winter Springs,Attn: City Manager
1126 East S.R. 434
Winter Springs, FL 32708
PUBLIC UTILITY EASEMENT
THIS EASEMENT is made this day of J U( 2022, by
TUSCAWILLA PROPERTY INVESTORS, LLC, a Florida limited liability company, having
a mailing address of 630 S. Maitland Avenue, Suite 100, Maitland, Florida 32751 (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 within the addresses of 1173-1193 East State Road 434, Winter Springs, Florida
32708 and legally described on Exhibit"A"; and
WHEREAS, Grantor desires to convey an underground utility easement over, under, and
across a portion of its real property, as legally described herein, for purposes of allowing Grantee
ingress and egress to operate and maintain certain water, sewer, and reclaimed water lines and
other incidental appurtenances and accessories related thereto needed to provide water service to
Grantor's property (collectively,the"Public Utilities"); and
WHEREAS, Grantor, as fee simple owner of the easement property, also agrees to assist
Grantee, at no cost to Grantor, in obtaining any local, state, or federal permits required to maintain
the Public Utilities to the extent such permits are necessary; 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 Grantor.
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,restrictions and/or
grants of record,a public access and improvements and maintenance easement of the nature
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Book 10264 Page 548
Instrument#2022073228
and character and to the extent hereinafter set forth("Easement") over,under,and across a
portion of the real property described as follows:
SEE EXHIBIT "A" ATTACHED HERETO
AND INCORPORATED HEREIN BY THIS REFERENCE.
(hereinafter the"Property"), said portion being more particularly described on EXHIBIT
"B" attached hereto and incorporated herein by this reference (the"Easement Area").
3) Purpose of Easement. It is the express purpose of this Easement to provide Grantee
ingress and egress to operate and maintain the Public Utilities over, under and from the
Property for the purposes and on the terms stated herein.
4) Ril;hts 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 various driveways on the Property for vehicular and pedestrian ingress
and egress and to construct, operate, and maintain the Public Utilities over, under
and across the Easement Area for the benefit of the public, it being agreed that (i)
to the extent reasonably practicable to enable the Grantee to exercise its rights under
this Easement,the Grantee's rights of vehicular ingress and egress to and from the
Easement Area shall be limited to the drives, roads, and parking areas constructed
upon the Property, and (ii) in the event the Grantee shall perform any construction,
repairs, alteration, replacement, relocation, or removal of any facilities located
within the Easement Area, the Grantee shall thereafter restore the Easement Area
to as near as practicable the condition which existed prior to such construction,
repairs,alteration,replacement,relocation,or removal;provided,however,that the
Grantee shall not be obligated to restore any improvements or landscaping if the
same would unreasonably interfere with the operation or maintenance of the
Grantee's facilities or clearances which may be required around such facilities, and
(iii) all facilities of Grantee installed pursuant to this Easement shall be installed
underground to the extent reasonably practicable; and
b) To prevent any activity on or use of the Property that unreasonably interferes with
the purpose of the Easement, and to require the restoration of areas and features of
the Property that may be damaged by an inconsistent activity or use by the Grantor
or its tenant(s); and
c) To assign all or a portion of its interest under this easement to any third parry public
or private utility for the purposes stated herein; and
d) To cut, trim, and keep clean such trees, brush, and undergrowth that might
unreasonably hinder or prohibit the use of the Property 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.
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0031210\1 94687\11969701 Q
Book 10264 Page 549
Instrument#2022073228
5) Permits. The parties acknowledge that certain local, state, and federal permits may be
required from time to time for purposes of constructing, operating, and maintaining the
Public Utilities referred to herein. Grantor, as fee simple owner of the Property, hereby
agrees to allow Grantee, at Grantee's expense, to make application for said permits and
also agrees to join in any said permit (as signatory or otherwise) when required by any
permitting agency for issuance of the permit. Notwithstanding, Grantee shall be solely
responsible and liable for complying with any local, state, or federal permit requirements,
obligations, and duties (if any) related to the construction, operation, and maintenance of
the Public Utilities.
6) Easements Run with the Land. This Easement shall remain a charge against the Property.
Therefore, this Easement shall "run with the land" and be automatically assigned by any
deed or other conveyance conveying a portion of the Property relating to this easement,
even though conveyance makes no reference to this Easement as such.
7) Attorney's Fees. In the event of any legal action arising under this Easement between the
parties, the parties agree to incur their own attorney's fees, court costs, and expenses,
through all appellate proceedings.
8) Recordation. Upon execution of this Easement, Grantee shall record this instrument in a
timely fashion in the Official Records of Seminole County,Florida and may re-record it at
any time as may be required to preserve this Easement.
9) Successors. The covenants, terms, conditions, rights, and restrictions of this Easement
shall be binding upon, and inure to the benefit of the parties hereto and their respective
personal representatives, heirs, successors, and assigns and shall continue as a servitude
running with the Property.
10) Grantor's Representations and Warranties. Grantor hereby agrees and makes the
following representations and warranties to Grantee:
a) Grantor is lawfully seized of said Property in fee simple and has full and lawful
authority to execute this Easement, convey the Easement to Grantee, and bind the
Property as set forth herein.
b) The Property is free of any and all encumbrances, except certain leases in favor of
tenants, 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 or cause to be paid any and all taxes that are levied on the
Property, from time to time, as said taxes and assessments come due and before
they become delinquent.
d) Grantor hereby warrants the title to the Easement granted hereunder over, under,
and across the Property and will defend the same against lawful claims of all
persons claiming by,through, or under Grantor,but against none other.
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0031210\194687\11969701 v2
Book 10264 Page 550
Instrument#2022073228
11) Grantee's Right to Seek Equitable Relief. Grantor agrees, acknowledges and
recognizes that any breach of this easement by Grantor would result in irreparable harm to
Grantee and the public, and accordingly, Grantor agrees that in addition to and not in lieu
of all legal and equitable remedies available to Grantee by reason of such breach, Grantee
shall be entitled to equitable relief(including,without limitation,specific performance and
injunctive relief)to enjoin the occurrence and continuation of the breach.
12) Entire Agreement. This Easement constitutes the full and entire agreement between the
parties hereto and supersedes any oral or written prior communications between the parties
related to the subject matter contained in this Easement. The Easement shall be governed
by the laws of Florida.
13) Indemnity; Sovereign Immunity. The Grantee covenants and agrees to indemnify the
Grantor and its tenant(s) and hold them harmless from any and all claims for personal
injuries, death, or property damage, and any other losses, damages, demands, charges, or
expenses, including, but not limited to, attorneys' fees, up to but not exceeding the limits
set forth in Section 768.28, Florida Statutes, which arise out of, in connection with, or by
reason of the Grantee's exercise of its rights under this Easement, except to the extent of
such loss or damage as may result from the willful or negligent acts of the Grantor, its
tenant(s), or their agents, contractors or employees. Nothing contained in this Easement
shall be construed as a waiver of the Grantee's right to sovereign immunity under Section
768.28, Florida Statutes, or other limitations imposed on the Grantee's potential liability
under state or federal law.
14) Modifications. This Easement shall only be modified by a written instrument executed by
the parties hereto or any successors, assigns,heirs, or representatives thereto.
15) Grantors Duty of Noninterference.Grantor agrees not to unreasonably interfere or allow
others to unreasonably interfere with Grantee's rights to use the Property as specifically set
forth herein. Grantor agrees not to permit or allow the construction or erection of any
building or structure on the Property without prior written consent of the Grantee; it being
expressly understood and agreed, however, that this Easement is non-exclusive and that
Grantor shall have the authority to use and to authorize others to use the Property in any
manner which is not inconsistent with this Easement, including for the installation of
landscape,hardscape, and pavement.
16) Termination. The parties agree that this Easement is intended to be perpetual. However,
in the event the Grantee determines, at its sole discretion, that it no longer requires the
Easement for the public utilities described herein, Grantee, at Grantor's written request,
agrees to execute an appropriate written instrument to terminate this Easement.
4
00312 1 0\194687\1 1969701 v2
Book 10264 Page 551
Instrument#2022073228
IN WITNESS WHEREOF, Grantor and Grantee set their respective hands on the day
and year above written.
GRANTOR:
WITNESSES: TUSCAWILLA PROPERTY INVESTORS,
LLC, a Florida limited liability company
Print Name:
By:
Ryan P. ger
`I 222�
Print Name: 1ROSy, qM j=
STATE OF
COUNTY OF—\\(Cky �c,
The foregoing instrument was acknowledged and sworn to before me by means of()
online notarization or QX
physical presence,this JS+�—day of )\�,r, ,2022,by Ryan
P. Stahl, as Manager of Tuscawilla Property Investors, LLC, a Florida limited liability company,
who is/is not personally known to me, or has produced 'Z>,&j °s L't( as identification.
NOTARY PUBLIC
Abbey M Owen
Notary Public
0� Transylvania County, NC
My Commission Expires October 10,2023
5
0031210\194687\11969701v2
Book 10264 Page 552
Instrument#2022073228
GRANTEE: ,
WITNESS CITY OF PRINGS
Print ame: .marl R Bo/1.Rap By: Shawn yle
F ver ®./WcClbc City Maria r ��;* *''` •,•`
r
Print Name^7 Gip-1 `7";, a U,
rV
STATE OF FLORIDA
COUNTY OF SEMINOLE
The foregoing instrument was acknowledged nd sworn to before me, by means of()
online notarization or(LI)physical presence this 94' day of _ f ,2022 by Shawn
Boyle, City Manager of the City of Winter Springs Florida(�ho is'is not personally known to me,
or has produced as identification. l �/
Notary PubNc State of Florida NOTARY PUBLIC
`F Tristin M Motter
a'. MY Commission GG 953677
"'►� Expires02/02/2024
6
0031210\194687\11969701 v2
Book 10264 Page 553
Instrument#2022073228
EXHIBIT"A"
LEGAL DESCRIPTION OF PROPERTY
OVERALL LEGAL:
That part of Lots 7 through 9, JOE E. JOHNSTON'S SURVEY, recorded in Deed Book 147, Page 221,
Public Records of Seminole County,Florida,and also being that part of Lot 8 Block A,and that part of the
unplatted part of Block B of D. R. Mitchell's Survey of the Levy Grant, according to the plat thereof as
recorded in Plat Book 1, Page 5, Public Records of Seminole County, Florida, and also that part of the
vacated Street as set forth in Resolution recorded in Official Records Book 2972, Page 373 more
particularly described as follows:
Beginning at the Northeast corner of Jesup's Reserve Townhomes Replat, according to the plat thereof as
recorded in Plat Book 71, Pages 86 through 93, Public Records of Seminole County, Florida; thence run
S39"45'03"E along the Southwesterly right of way line of State Road No. 434 per Official Records Book
2803,Page 1023,and Official Records Book 2831,Page 1024,Public Records of Seminole County,Florida,
a distance of 291.90 feet to a point on a non-tangent curve concave to the Southeast, having a radius of
33.00 feet; thence from a radial bearing of S07°02'32"E run Southwesterly along the arc of said curve
through a central angle of 33°15'17",an are distance of 19.15 feet,having a chord bearing of S66°19'49"W
and a chord distance of 18.89 feet to a point of compound curvature of a curve concave to the Southeast,
having a radius of 198.08 feet;thence tun Southwesterly along the arc of said curve through a central angle
of 1295'18",an arc distance of 42.37 feet,having a chord bearing of S43°34'32"W and a chord distance of
42.29 feet to a point of reverse curvature of a curve concave to the Northwest, having a radius of 226.00
feet; thence run Southwesterly along the arc of said curve through a central angle of 12°28'04", an arc
distance of 49.18 feet, having a chord bearing of S43°40'S5"W and a chord distance of 49.08 feet; thence
run S49°54'57"W, a distance of 70.78 feet to the beginning of a curve concave to the Southeast, having a
radius of 48.00 feet; thence run Southwesterly along the are of said curve through a central angle of
36°52'12", an arc distance of 30.89 feet, having a chord bearing of S31°28'51"W and a chord distance of
30.36 feet;thence run S08°51'00"W, a distance of 8.99 feet; thence run S40009'52"E, a distance of 62.67
feet to the beginning of a curve concave to the Southwest, having a radius of 130.00 feet; thence run
Southeasterly along the arc of said curve through a central angle of 42010'04",an are distance of 95.68 feet,
having a chord bearing of S 19°04'50"E and a chord distance of 93.53 feet to a point of reverse curvature of
a curve concave to the Northeast, having a radius of 15.00 feet; thence run Southeasterly along the arc of
said curve through a central angle of 42°05'15", an arc distance of 11.02 feet, having a chord bearing of
S19°02'26"E and a chord distance of 10.77 feet; thence run S40°05'03"E, a distance of 179.00 feet to the
beginning of a curve concave to the Northeast,having a radius of 20.00 feet;thence run Southeasterly along
the arc of said curve through a central angle of 350S6'47", an are distance of 12.55 feet, having a chord
bearing of S58003'27"E and a chord distance of 12.34 feet;thence run S7600P50"E,a distance of 60.93 feet
to the beginning of a curve concave to the North, having a radius of 24.33 feet;thence run Easterly along
the arc of said curve through a central angle of 30050'10", an are distance of 13.09 feet, having a chord
bearing of N88°33'05"E and a chord distance of 12.94 feet to a point of compound curvature of a curve
concave to the Northwest,having a radius of 2.00 feet;thence run Northeasterly along the are of said curve
through a central angle of 59049'28", an are distance of 2.09 feet, having a chord bearing of N43°13'15"E
and a chord distance of 1.99 feet; thence run S13018'28"W along the West right of way line of
TUSKAWILLA Road per Official Records Book 8377, Page 27, Public Records of Seminole County,
Florida,a distance of 131.69 feet;thence run N8705848"W along the South line of said Lot 9,a distance of
582.27 feet; thence run N23003'55"W along the Southwesterly line of said Lots 7 through 9, a distance of
430.29 feet; thence run N50019'24"E along the Northwesterly line of said Lot 7, a distance of 614.36 feet
to the Point of Beginning.
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0031210\194687\11969701v2
Book 10264 Page 554
Instrument#2022073228
BUT LESS AND EXCEPT:
(PROPOSED LOT 1)
That part of Lot 7,JOE E.JOHNSTON'S SURVEY,recorded in Deed Book 147,Page 221,Public Records
of Seminole County, Florida, and also being that part of the unplatted part of Block B of D. R. Mitchell's
Survey of the Levy Grant,according to the plat thereof as recorded in Plat Book 1,Page 5,Public Records
of Seminole County,Florida,more particularly described as follows:
Beginning at the Northeast corner of Jesup's Reserve Townhomes Replat, according to the plat thereof as
recorded in Plat Book 71, Pages 86 through 93, Public Records of Seminole County, Florida; thence run
South 39°45'03"East along the Southwesterly right-of-way line of State Road No.434 per Official Records
Book 2803, Page 1023,Public Records of Seminole County,Florida,a distance of 130.45 feet;thence run
South 49°54'57" West, a distance of 62.73 feet; thence run South 40'07'26" East, a distance of 5.56 feet;
thence run South 49°54'57" West, a distance of 45.78 feet; thence run South 40°05'03" East, a distance of
3.88 feet; thence run South 49°54'57" West, a distance of 32.15 feet; thence run South 40°05'03" East, a
distance of 1.83 feet;thence run South 49°54'43" West,a distance of 90.50 feet;thence run North 40°05'03"
West,a distance of 97.62 feet; thence run North 49'54'59" East, a distance of 78.03 feet; thence run North
39053'05" West, a distance of 45.21 feet; thence run North 50°19'24" East along the Northwesterly line of
said Lot 7 of JOE E.JOHNSTON'S SURVEY,a distance of 153.73 feet to the Point of Beginning.
AND LESS AND EXCEPT:
(PROPOSED LOT 4)
That part of Lot 8 and Lot 9, JOE E. JOHNSTON'S SURVEY, recorded in Deed Book 147, Page 221,
Public Records of Seminole County,Florida,and also being that part of the unplatted part of Block B of D.
R. Mitchell's Survey of the Levy Grant, according to the plat thereof as recorded in Plat Book 1, Page 5,
Public Records of Seminole County,Florida, more particularly described as follows:
Commence at the Northeast corner of Jesup's Reserve Townhomes Replat, according to the plat thereof as
recorded in Plat Book 71, Pages 86 through 93, Public Records of Seminole County, Florida; thence run
S50°19'24"W along the Northwesterly line of Lot 7 of said JOE E.JOHNSTON'S SURVEY, a distance of
153.73 feet;thence run S39°53'05"E,a distance of 45.21 feet;thence run S49°54'59"W,a distance of 78.03
feet;thence run S40°05'03"E,a distance of 270.39 feet for the Point of Beginning;thence run N49'54'57"E,
a distance of 14.92 feet; thence run S40'09'52"E, a distance of 60.23 feet to the beginning of a curve
concave to the Southwest, having a radius of 130.00 feet; thence run Southeasterly along the arc of said
curve through a central angle of 42'10'04", an arc distance of 95.68 feet, having a chord bearing of
S 19°04'50"E and chord distance of 93.53 feet to a point of reverse curvature of a curve concave to the
Northeast, having a radius of 15.00 feet; thence run Southeasterly along the are of said curve through a
central angle of 42°05'15",an arc distance of 11.02 feet,having a chord bearing of S 19'02'26"E and a chord
distance of 10.77 feet; thence run S40°05'03"E, a distance of 113.85 feet; thence run S49°54'57"W, a
distance of 273.12 feet; thence run N87°58'18"W along the South line of said Lot 9, a distance of 176.47
feet;thence run N40°05'03"W,a distance of 128.79 feet;thence run N49"54'57"E,a distance of 33.78 feet;
thence run N40105'03"W, a distance of 69.58 feet; thence run N49°54'57"E, a distance of 193.63 feet;
thence run S40°05'03"E,a distance of 45.26 feet;thence run N49°54'57"E, a distance of 214.00 feet to the
Point of Beginning.
8
0031210\194687\11969701 v2
Book 10264 Page 555
Instrument#2022073228
EXHIBIT "B"
SKETCH AND LEGAL DESCRIPTION OF EASEMENT AREA
SKETCH OF DESCRIPTION
PROJECT: WINTER SPRINGS MARKETPLACE
PURPOSE: WATER EASEMENT
THIS IS NOT A BOUNDARY SURVEY
NOT VALID WITHOUT SHEETS 2-5
cescHwTiom
Thl part of Lots 7 Ahroigh 9, JOE E. ,XiMNSTWS SURVEY :orded In Deed Back 1474 P?go 221, Public Records
1:areg I
of emipolo Co�jrty, rxidar and also bang that Pon of t Block A. and d-writ por a the I tied port f
at thereof "KaPlot ok 01.
cot 0? re n
urgy of the Lej Grant, occor?ing to the
ids of , mnole qg.pkiy�j)orlda. and also that arfl of 7ho vacs ad treat as set forth in
02oh,it' recorded I let
Re Ion, n Gific Record 2, Pogo 373 more paAwlafty described as follows;
�EA thereof as
cr=EN7 01)
yintg t tile Northeast caner of J"u
1, ? *5 Reserve To.rhomos Replat, accordity, to the Pt
iecctde 'lot Book 71, Pages 86 tblea 93, PublIc Records at Seh`JhOlt C rity. Floll ; thence full
along the Southwest right of way line of State Road 434, a distance of 130.45 feet; thence run
S49*54 57 W. a distance of 12-76 feet for the Point of Beginning; thence run S40'05'03*F- a distance of 67.46
feet; thence run SO4-W36"W. <3 distance of 43,19 toot. thence rup, 540'05'03"E, a distance of 44.81 feet; thence
run S419*54'57'W, a distance Of M-59 feet; thence run S.3,8'395'1'W. a distance of 125-89 feet; thence run
S0*541'57'W, n distance of 14.86 fact. therrojun S40'05'03"E q distance of 11.06 feat'. tilerica flin SO0,51,00,W.
a distance of 4.89 feet; thence rpn S40109'52 I- a distance oi 2,44 feet; thence ran S49'tWWW, a distance at
14.74 fact: thence run N40*05'03 W, a distance of 16.71 fact; thence run S49'54'57'W, a distance of 11-13 feet;
thence rue N85'10*21"W, a distance of 18.07 feet; thence run S49'54'58*W, a distance of 4.58 feet; thence run
So5*09*15 W, d distance at 10.02 teat; thence ton S49*54'57'W, d distance of 147,57 feet, thencl tun
S62'10'04-w a distance of 18-38 fact.- thence run S49*54'57*W, a distance of 12Z9 fact; thence run NAIM05 03'w
a distance at 18,31 feet; thence run S49154'57 W, a distance of 1.74 feet; then" tun N40*05'03*W, a distance 04
174-85 fact: thence run N49'54'57'E, Q distance of 26.54 feet. thence run WV5'03"E, r, distance of 10-00 feet:
thence r n
-in S49'54'57'W, a distance of 16.54 feet. thence run S40'05'03'F- a distance of 167.66 feet; thence ru
N49-54-57-E, a distance of 79.63 feat: thence run N0454'57'E. a distance of 6.51 feet, thence run N49'54*57*E,
a distance of 121.51 feet: thence run N40'05'03'W. a dhinnea at 125.72 fact: thence run N49*54*43"E, a distance
at 67.80 feel; thence run S08'27'16'W, a distance of 8.07 feet; thence tun S49*54 57'W, a distance Of 51-75
feet; thence wrl S40'05'03"E, a clistanco of 0,35 foot. thence run N40'54'57"F- a distance of 5`1.75 feat; thence
full § 5*14'W'F- a distance at 8.41 feet; thence run 1449',�4'57'E, a distance at W.44 teat; thence run
It . '14'56'
SW0503 I- a distance of 10.W fvot,, thence run S49*54'!57`W, a distance of 14.46 foot: thence run N86
a distance of 8.41 toot. thence rqn S49'54'57'W, a distance of 4732 feet; thence rup E:.S40'06'03'E, a distance oi
37.63 feet: thence ran N149-j4*57 E, a distance of 17,M teat; thence run 540lono a dMurce of 10-00 feet;
thence rup S49*54'57"W, a distance of 17.33 feat: thence r1iv S40*05*03'E, a distance of 53,39 feet; thence run
N49*54'57 E. d distance at 8,60 test: thence tun S40'05'03 C a distance of 20.34 feet; thence run N49'54'b7E.
u distance of 13.87 feat; thanes up N38*39'57'E, q distance of 125,89 feet; thence rimN49*54'57'F- a distance
of 21.87 feet; thence ipn N40*05 n'W, a distance of 39.o6 feet,, thence ran N04'5836E, a distance of 43.19
fe t; thence run N4"503'W. a distance of 63-31 foot; thence ran 1,149IW57"C a distance of 10-W feet to the
Point of Beginning,
and
(EASEMENT 02)
ornmancing of thg Nor+eos comer of TDophonlas Replot, actor lung to {ha ot thereof as
recorded In lot oak 17l, �a as 86 th`rCu`gV qVIru"I'lic, Records of Sornincle Woonty, Florida;d tiltince run
939*45'03'E I the Southwavi right of way line of State Road 434, a distance of 130.45 feet; thence run
along
. distance of 62.73 feet; thence [Lin S40*0726'E, a distance of 5.56 feel; thence run S49*54'57-W,
o distance of 45.78 test; thence run SW05'03E. a disIdme of 188 feet; thence run S49'54'57'W, a distance at
13,19 foot for the Point of Beginning; thence run SW05'03'E, a distance of 0.20 foot.• thence jrun S49-54'57'W
? dleance at 1&9� feet; thenqe lun N40*05*03"W, a distance of 0.29 feet; thence run N49S4'57 E, a'distance 01
&9 feet to the oint of Beginning;
Contains 0A48 acres, more or lv5%,
AND
(continued on rest page)
Di itally signed
SHANNON SURVEYING, INC.
Ja
byJar-6es R 499 NORTH S.R. 434 - SUITE 2045
m"
arfricin ALTAMONTE SPRINGS, FLORIDA, 32714
Sh
(407) 774-8372 LB 6898
Sh�hnon Dat0- 2022,05.1 I 0jklE cf SLRVEY� 05/il/2022
--,,,14:46-3§--04tO0' ORA"OT IP
JAME$ R-St4,4NNO14'M-', P-L$. #46/1
SortV"ATHOUT jilt IWAUM A)*IM WEAL OF A
ut"Wo"Yrm Am u"004 -SHEET 1 OF 5
9
0031210\194687\1 1969701v2
Book 10264 Page 556
Instrument#2022073228
SKETCH OF DESCRIPTION
PROJECT: WINTER SPRINGS MARKETPLACE
PURPOSE: WATER EASEMENT
THIS IS NOT A BOUNDARY SURVEY
NOT VALID WITHOUT SHEETS 1 & 7-5
(continued from previous page)
(EASE?aEN13)
cCommenoi g of the Northeast com" of Jesu s 12eservo Towrtiomas Raplot, occcr�{ing to the plot thereof as
recorded in pint gook 71, Pager. 86 thfcoq� 93, PuNic Records of Seminole Gcunt Florian; thence run
S50'19'24"W alcrrgg� the So rthaos arl line at sa+d Jesup s Rosarvo Townl+canes Replot, a disstonce of 614.36 feet;
thence run $23'p3`55"E along the ortheostcriy right of way line of Scicrle Wharf Strootc a distance of 201.50
feet; thence run S40*05 03'E, a d►stanee of 150.52 feet; thence run thence run N49'54'57 E. a distance of 17.69
fact for the Point of Regirining: thence run N40'04'46 W, a distance of 40.19 foot; thence run S49'55'14'W, a
distance of 8.00 feet; thence run N4W04'46'W, a distance of 10.00 feet: thence run N49'55'14"E. a distance of
8,00 foot; thence run N4DV4'46"W, a distance of 50.06 feet; thence run N04'43'54'E, a distance of 41.21 feet;
thence run N39'4440`W, a distance of 18.51 feet; thence ryn N50'15'20"E, a distance of 10.00 foot; thence run
S39'44'40"F d distance at 38.15 feet; thence tun S50'15'20 W. a distance of 1a.28 feet; thence run SO4'43'54"W,
n distance of 19.36 feet; thence ern S40'O4'46'E, a distance of 2007. foot; thence run N49'54'57`E, a distance
of 81" feet; thence run NOW 0"E, a distance of 10.06 feet; thence run 540'54'57"W, a distance of 85.49
feet; thence run S40'05'03'6, a distance of 3.48 faaf; thence run S49-r4'57"W, a diatoms of 6.09 feet; thence
gin S40'4"46E, a distance of 66.10 foot; thence run S49'54'57"W, a distance of 10,00 feet to the font of
AND
(EASEMENT #4)
Commencing at the Northeast comer of Jesup s Reserve Towrhomos Replat, acecrdinqq to the plat thereof as
recorded In Plat Book, 71, Pager 86 through 93, Public Records of Seminole Cadhty, norfdd; thence run
$50'19'24"W Wong the rtheasterly line at avid Jesup"s Rasorvo Townhrxr+es Replot, a dratanoo of 614.36 feet;
thehee run 523 03'55'E along the Northeasterly right of way line of Solatls *hurt Street, d dlstdhca of 430.29
feet; thence run S8758'18"E nlongg thq North rlaht of way line of Natures Way, a distanco of 74,44 feet for the
Point of Beginnin thence run NaJ`54 01"E, a distance of 12AS feet; thence run N21*31'22"E. a distance of 4.,$0
fact, thence run t4 '0503"E, q dffata he oo of 2l.8�feet; thence run N87'S8'18"W along said North right of way line
of llaturos Way, a d2stance of 15.83 >�aot to toint of Beginning.
Contains 15,571 square feet or 0.357 acres, more or less.
SURVEYORS NOTES
1, Bearings based on the Southwest right of way line at State Road No. 434 as being S39'45'03"E.
2. 1 hereby certify that the above described prop meets
is true and correct to the best of my knowled a and belief
as recently drawn under my direction and tot It the Standards of Practice for land Szrrveying set
forth In Florida Administrative Code Rule 5J-17.05 requirements.
3. Not valid without the signature and seat of a Florida Licensed Surveyor and Mapper.
4. Ttab electronic slgnatute trereuNr Is In compliance with the Florida Administrative Code (FAC) 5J-17.062(3)
5 The seal appearing on this document was authorized by James R. Shormon, pL S 4671 on 05/11/2022 pet
5J17-062(2).
c
UATE Of Nfr: 02/2"Z
SHANNON SURVEYING, INC. uqAvm OT, up _ALE,
490 NORTH S.R. 434 - SUITE 2045 Pa+-P05-ritx0--wA10t- NOD
ALTAMONTE SPRINGS, FLORIDA, 32714
(407) 774-8372 LH 0 6898 SHEET 2. OF 5
10
0031210\194687\11969701v2
Book1D2G4 Page 557
|notrument#2O22O73228
SKETCH OF DESCRIPTION
PROJECT: WINTER SPRINGS MARKETPLACE
PURPOSE: WATER EASEMENT
THIS IS NOT A BOUNDARY SURVEY
NOT VAUO WITHOUT SHEETS 1-2 & 4-5
UNE TABLE LINE TABLE LINE TABLE
LINE HEARING LENGTH UNEI 8EARING LENCTH UNE HEARING LENGTH
L3 SO4'58*36'W 4119' KI-33 S4W54'67`W 51.75' L63 N40*05'03'W 0.29'
r L 1 $38*39'57"W 125.89- L36 S96'I 4*56E 8.41' L661 N40-04'46'W , 40.19'
Lo
Li
LI
DO
7 4102 V
rL4 2 L72 18.51.
49
ALTAVONTE SPRINGS, FLORIDA, 32714
|l
Book 10264 Page 558
Instrument#2022073228
SKETCH OF DESCRIPTION
PROJECT: WINTER SPRINGS MARKETPLACE
PURPOSE: WATER EASEMENT
THIS IS NOT A BOUNDARY SURVEY
NOT VALID WITHOUT SHEETS 1-4
POINT OF COMMENCEMENT
WEADETAIL 'A' nJFa S� VE " DWS uT
�j FLAT erne rs, PAGE
!
t.�.~ ,••t,.����� � �G d' b it
�0 �p
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ro
^N, "•� ••••u�...} •^°''�'"•• fir.
m �_X J
a sw k
EASEMENT #4 I AcT C
S£f"PAC-' 5
*VATY✓NES i^Ywy HORN R/ar ciao�sra:s kar
OXTE O 'WCt a /azfaoaz
SHANNON SURVEYING, INC. DRAM WV tP
499 NORTIi S.R. 434 - SUITE 2045 P91-06-u1 WAIDa-RDAMNUD
ALTAfuONTE SPRINGS, FLORIDA, .32714
(107) 774-8372 LR / 6898 SHEET 4 OF 5
12
0031210\194687\1196970lv2
Book1D2G4 Page 559
|notrument#2O22O73228
SKETCH OF DESCRIPTION
PROJECT, WINTER SPRINGS MARKETPLACE
PURPOSE: WATER EASEMENT
THIS IS NOT A BOUNDARY SURVEY
,---POINT OF COMMENICEMENT
16
IN
POINT OF BEGINNING
URVEYING. IN
POINT OF
BEGINNING SHEET 5 OF 5
EASEMENT
13
Book 10264 Page 560
Instrument#2022073228
SUBORDINATION OF MORTGAGE TO EASEMENT
KNOW ALL MEN BY THESE PRESENTS:
WHEREAS, One Florida Bank, a Florida banking corporation (the "Mortgagee") is the
owner and holder of that certain Mortgage, Security Agreement, Financing Statement and
Assignment of Rents executed by Tuscawilla Property Investors, LLC to and in favor of
Mortgagee recorded in Official Records Book 9757, Page 1364, as affected by that certain Cross-
Default and Cross-Col lateral ization Agreement recorded in Official Records Book 10108, Page
57, that certain Assignment of Rents, Leases, Profits and Contracts recorded in Official Records
Book 9757, Page 1386, and that certain UCC-I Financing Statement recorded in Official
Records Book 9757, Page 1396, all of the Public Records of Seminole County, Florida, and that
certain Mortgage, Security Agreement, Financing Statement and Assignment of Rents executed
by Tuscawilla Property Investors, LLC to and in favor of Mortgagee recorded in Official
Records Book 10107, Page 1, as affected by that certain Cross-Default and Cross-
Co l lateral ization Agreement recorded in Official Records Book 10108, Page 57, that certain
Assignment of Rents, Leases, Profits and Contracts recorded in Official Records Book 10107,
Page 20, and that certain UCC-1 Financing Statement recorded in Official Records Book 10147,
Page 359, all of the Public Records of Seminole County, Florida (collectively, the "Mortgage");
and
WHEREAS, the Mortgage encumbers the Property described in the within and foregoing
Public Utility Easement executed by Tuscawilla Property Investors, LLC to and in favor of City
of Winter Springs, Florida (the "Easement"), to which this Subordination is attached and of
which it forms a part; and
Wf IEREAS, the parties to the Easement have requested Mortgagee to join in and consent
to the Easement for the purpose of subordinating the lien and encumbrance of the Mortgage to
the Easement;
NOW THEREFORE, in consideration of the premises hereof and other good and
valuable consideration, the receipt and sufficiency of which are hereby acknowledged,
Mortgagee hereby states and declares as follows:
A. That Mortgagee hereby joins in and consents to the Easement.
B. That Mortgagee hereby subordinates the lien and encumbrance of the Mortgage to
the Easement and agrees that the Easement shall survive any foreclosure of the Mortgage.
IN WITNESS WHEREOF, Mortgagee has caused these presents to be executed in
manner and form sufficient to bind it as of the date of the Easement.
Book 10264 Page 561
Instrument#2022073228
ONE FLORIDA BANK a 1710?yj banking
corpor
By:
Name: ��4�c - c•,
Title: ENI
Address:
33 West Pineloch Ave., Suite A
Orlando, Florida 32806
STATE OF FL/O�RIDA
COUNTY OF C/ ?
The foregoing instrument wasacknowl ed before me by m ns �o�fs;ical presence
_ �(/- , j
or ❑ online rtarization this day of v 2022 by If:'
as {` of ONE FLORIDA BANK, a Florida banking corporation, on behalf of
the bank. He/she is personally known to me or has produced as
identification.
(NOTARY SEAL) Notary P blic
Name P 'nted:
Commissl
.roe�KT:R
&rG MONICAFINNIMORE My Commission Expires:
`''' '`•';= MY COMMISSION#GG 209276
' EXPIRES:July 19,2022
Bonded Thru Notary Pubk unmwfilers
':.3liC l 1