HomeMy WebLinkAboutVistawilla Office Center, LLC Declaration of Easement 2015 11 16 I�� l1L 1I�111�11�Illi{�ll���111�1{I I�1�
11AR'*,.,)'IVIE r1OR.GEy SEMII%lO[-E COUfffy
CI-ERK OF CIRCUIT COURT &
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CL.ERV6 201.5127060
RECORDED All
THIS INSTRUMENT WAS PREPARED BY 1-*sEED DOC T0'. $0.70
RECORD'.MG FEES $713.00
AND SHOULD BE RETURNED TO: RECORDED BY1 hdeV01--f-I
John D.Ruffier,Esquire
Lowndes,Drosdick,Doster,Kantor&Reed,P.A.
215 North Eola Drive
Orlando,FL 32801
(407)843-4600
DECLARATION OF EASEMENTS
THIS DECLARATION OF EASEMENTS (this "Declaration") is made as of the
It,""' day of /V&1AoA b--' � 2015, by VISTAWILLA OFFICE CENTER, LLC, a Florida
limited liability company whose address is c/o Pinnacle Property Management, 1511 East SR
434, Suite 3001, Winter Springs,Florida 32708 ("Vistawilla").
WITNESSETH :
WHEREAS,Vistawilla is the owner of fee simple title to a certain parcel of real property
located in Seminole County, Florida as more particularly depicted in Exhibit A attached hereto
and incorporated herein by this reference (the "Office Building Parcel"); and
WHEREAS, Vistawilla is also the owner of fee simple title to a certain parcel of real
property located in Seminole County,Florida as more particularly depicted in Exhibit B attached
hereto and incorporated herein by this reference (the "Future ALF Parcel", together with the
Office Building Parcel, collectively the"Parcels"); and
WHEREAS, The Office Building Parcel and Future ALF Parcel share access to certain
sidewalks, driveways, parking spaces and stormwater piping and inlet and other utility facilities
serving both Parcels; and
WHEREAS, in order to facilitate the development of the Future ALF Parcel and the
continued use of the Office Building Parcel now and for future owners, Vistawilla wishes to
establish certain easements, rights and obligations as hereinafter set forth.
NOW, THEREFORE, for and in consideration of the premises hereof, the sums of
money to be paid hereunder, and the mutual and reciprocal obligations undertaken herein, the
parties hereto do hereby covenant, stipulate and agree as follows:
1. Recitals. The foregoing recitals are true and correct and are incorporated herein
by reference.
2. Establishment of Utility Easements, Subject to the terms hereof, Vistawilla does
hereby grant and establish a perpetual easement for the continued use of all existing drainage and
utility facilities (i) for the benefit of the Office Building Parcel over and through those portions
of the Future ALF Parcel and (ii) for the benefit of the Future ALF Parcel over and through those
0082037\163031\1992920v3
portions of the Office Building Parcel (the "Utility Easements"). The owner or owners of the
Office Building Parcel and the Future ALF Parcel shall have a perpetual, non-exclusive right,
license, privilege and easement of use and enjoyment in and to the Utility Easements to install,
maintain, inspect and use underground electric and telephone lines, underground cables and
conduits, stormwater facilities, sewers, water mains, pipes, telephone and electrical equipment,
gas, cable television, drainage facilities, ditches or lines, or other utilities or services and for any
other materials or services necessary or convenient for the completion, marketing, and use and
enjoyment of their respective Parcels. The owner or owners of the Office Building Parcel and
the Future ALF Parcel shall have a perpetual, non-exclusive right, license, privilege and
easement of use and enjoyment in and to the Utility Easements, and such rights shall be
appurtenant to and shall pass with the title to each such Parcel. Said rights shall include, but not
be limited to, the rights and easements to connect with, maintain and make use of any utility
facilities located within the Utility Easements and all components thereof, and to use and enjoy
the Utility Easements for any purpose consistent with this Declaration. The owners of each
Parcel shall also have the right and easement of ingress and egress over the other Parcel for
purposes of development and construction of facilities within the Utility Easements, as well as
such other rights as may be reasonably necessary to complete in an orderly and economic
manner the installation of utility facilities. Notwithstanding the foregoing, no exercise of any
rights hereunder shall unreasonably or materially interfere with any Parcel owner's use of the
Utility Easements or the use or operation of its Parcel.
3. Establishment of In reg_ss, Earess and Parking Easements. Subject to the terms
hereof, Vistawilla does hereby grant and establish a perpetual easement for the continued use of
the existing parking spaces, sidewalks and driveways (i) for the benefit of the Office Building
Parcel over any through those portions of the Future ALF Parcel as specifically identified on
Exhibit C attached hereto and incorporated herein, and (ii) for the benefit of the Future ALF
Parcel over any through those portions of the Office Building Parcel (the "Ingress, Egress and
Parking Easements"). The owner or owners of the Office Building Parcel and the Future ALF
Parcel and their respective guests and invitees shall have a perpetual, non-exclusive right,
license, privilege and easement of pedestrian and vehicular ingress, egress and parking over any
existing or future sidewalks, driveways and parking spaces now existing or developed in the
future over either Parcel. Notwithstanding the foregoing, no exercise of any rights hereunder
shall unreasonably or materially interfere with any Parcel owner's use of the sidewalks,
driveways or parking spaces located on its Parcel or the use or operation of its Parcel.
4. Maintenance and Repair Obligations. Any party installing utilities within the
Utility Easement or otherwise making use of the Utility easement shall be responsible for
repairing and restoring the Utility Easement to the salve condition as it previously existed prior
to any construction. Should ownership of the Office Building Parcel and the Future ALF Parcel
ever differ, then the owner of each such Parcel shall maintain and repair all surface and
subsurface improvements located within their respective easement areas on their Parcels. All
such maintenance shall be performed in good workmanlike manner and the easement must be
maintained in a condition satisfactory for the uses contemplated herein. Each such Parcel owner
shall keep the easement areas located within and upon its own Parcel in good repair free and
clear of any obstructions and in accordance with the standard of maintenance followed in other
similar developments in Seminole County, Florida. If either Parcel owner fails to maintain the
easement area located on its respective Parcel in reasonably good repair and such condition
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0082037\163031\1992920x3
continues for thirty (30) days after receipt of written notice from the other party,the party giving
such notice shall have the right to perform the necessary repairs and receive full reimbursement
from the non-performing party for its share of the costs immediately upon presentation of
evidence of payment reasonably satisfactory to the non-performing party, such as invoices or
cancelled checks. If reimbursement is not made within fifteen (15) days after receipt of written
demand therefore, such costs, together with the performing party's cost of collection, shall be
due and payable from the non-performing party.
5. Reservation of Rights. It is expressly agreed and understood that the easements
hereunder granted, together with all rights and privileges granted hereby, shall be nonexclusive
and the parties hereto reserve for themselves and their successors in title the right to grant such
other easements as they deem desirable over, under, upon and across their respective Parcels,
provided that such other easements shall not unreasonably interfere with the rights under the
easements granted hereby.
6. Covenants Running; with the Land. The terms, benefits and burdens of this
easement shall run with the Office Building Parcel and the Future ALF Parcel and shall be
binding upon and inure to the benefit of the parties hereto and their respective successors and
assigns.
7. No Third Party Beneficiaries. No consent to the modification, from time to time,
or termination of the provisions of this Declaration shall ever be required of any third party
beneficiary who is not a party to this Declaration; nor shall any such third party have any right to
enforce any of the provisions herein. Notwithstanding the preceding sentence, the parties hereto
and their successors and assigns may permit the easements created hereunder to be used for their
intended purposes by themselves, by all tenants, subtenants, licensees and guests and by the
partners, officers, directors, employees, agents, contractors, customers, vendors, suppliers,
visitors and invitees of any of the above and by any third party utility provider.
8. Amendment. This Declaration may be amended or terminated by, and only by, an
instrument in writing executed by the owners of both the Office Building Parcel and the Future
ALF Parcel, if different, or their respective successors in interest.
9. Attorneys' Fees. In the event it shall be necessary for any party to this
Declaration to bring suit to enforce any provisions hereof, the prevailing party shall be entitled to
recover from the non-prevailing party or parties, in addition to any damages or other relief
granted as a result of such suit, all costs and expenses of such suit and reasonable attorneys' fees
as set by the court.
10. No Waiver. No delay or omission in the exercise of any right or remedy accruing
to either party upon any breach under this Declaration shall impair such right or remedy or be
construed as a waiver of any other breach occurring before or after such breach. The waiver of
any party of any breach of any term, covenant or condition in this Declaration stated shall not be
deemed to be a waiver of any other breach, or of a subsequent breach of the same or any other
term, covenant or condition herein contained.
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0082037\1 6303 1\19929200
11. Governing Law/Venue. This Declaration shall be construed under and in
accordance with the laws of the State of Florida, and venue for its enforcement shall be in
Seminole County, Florida.
12. Severabilitv. If any provision in this Declaration is held to be invalid, illegal or
unenforceable in any respect or the application of any provision is held to be invalid, illegal or
unenforceable as to any person, fact, circumstance or situation, such invalidity, illegality or
unenforceability shall not affect the remainder of such provision, any other provision hereof, or
any permitted application. This Declaration shall be construed so as to be valid, legal, binding
and enforceable to the fullest extent permitted by law, and as if this Declaration had never
contained any such invalid,illegal or unenforceable provision.
[signature appears on the following page]
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0082037\1 6303 1\1992920x3
RECEIVED 11/1312015 10:11 2766239051 THE UPS STORE
Nov, 13. 2015 10:50AM Barnett, Bolt No, $251 P. 6/9
IN NVITNESS 'Vi REREOF, -V'istawilla has executed this Declaration as of the day and
year first above written,
VISTAAN'VILLA,0FRCE CENTF ,LLC, a
Flo�1da limited liability company
Ey:
David .McLeod,Manager
STATE OF+E&RH)it�)"`�����•�
COUNTY OF ��� ,����•
On this 1 � day of J�'6J.rL r ,2015,before mei 6%aV l--
notary public, personally appeared DAVID W. MCLEOD in his capacity as MANAGED. of
VISTAWILLA OFFICE CENTER,LLC, a Florida Iimited liability,company, on behalf of the
company. He [ ] is personally known to me or [ ,I has provided
��t�•5 l_��o. as ldent' ation. Witness my hand and official
seal,
(NOTARY SEAL)
, 444410111'e (N dh Public% na 1r )
``�•`���N L. FRq t Name:
p�., otary Public, State o�V,,c
. o ���•• My Commission Expiares�( / a 1`7
MY
COMMISSION
NUMBER 'Q
?y•• 7545012 Z
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FALTH(
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0062037116303111992920x3
EXHIBIT A
LEGAL DESCRIPTION OF THE OFFICE BUILDING PARCEL
A PORTION OF LOT 19, MAP OF THE PHILLIP R. YONCE CRANI, AS RECORDED IN PLAT BOOK 1, PAGES 35-J8, PUBLIC RECORDS
OF SE,MINOIE COUNTY, l7,ORI9A LOCATED AN SECTION S, T01MISPIP 21 SOUR(, RANCE .31 EAST, AND MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
COMMENCE AT tNE NORTHEAST CORNER L1° 1?STAvTLLA DRIVE; AS RECORDED IN PLAT BOOK 47, PAGES 60-61, PUBLIC RECORDS
OF 5VflNOLE COUNTY, FLORIDA; THFMCE RUN TILE FOLLOWING COURSES AND DISTANCES ALONG PIE EASTERLY RIGHT-OF-WAY
ONE aF SAID 1?StA1NLLA DRIVE THENCE SO077'J8'W A DISTANCE OF 20IJ4 F661; [HENCE RUN S06'10'16'W, A DISTANCE OF
34.92 FEET TO THE NORTH LINE OF A 50 FOOT MDE ACCESS AND UITLITY EASEMENT AS DESCRIBED IN OF.+=ICIAL RECORDS BOON.
J424, PAGE 641 FOR A POINT OF BEGINNING; THENCE DEPARtING SAID MI-11-OF-WAY LINE RUN S89:35'481 ALONG SAID
NORTH LINE, A DISTANCE OF 254.67 FEET TO THE EAST LINE Or A TRACT AS DESCRIBED 1N OFriCIAL RECORDS BOCK 3424,
PAGE 641; THENCE RUN N0010'.391E ALONG SAID EAST LIN: FOR A DISTANCE OF 243.Q[ FEET TO A POINT ON THE SOUTN
RIGHI-Cly'-WAY UNE OF STAIE ROAD 4J4 PER MICIAL RECORDS 80(X 2JOt, DACE 1486; 1,YENCE RUN ALONG SAID SOUTH
RIGHT-OF-WAY LINE THE FOLLOWING TI/REE COURSES S89'49217E FOR A DISTANCE OF 283.27 FEET,- TIENCE RUN S00't033'W
FOR A DISTANCE OF 10.00 FEET' THENCE RUN 5894921'E FOR A DISTANCE OF 107.63 FEET THENCE DEPARTING SAID SOUTH
7'GHT--OF-WAY LINE RUN SOOY)3'05'W FOR A DISTANCE OF 264.56 FEET TO THE NORTP LINE OF THOSE LANDS DESCRIBED 1N
OFTICIAL RECORDS BOaK 3424, PAGE 651; 774ENCE RUN 5,89'75'487E ALONG SAID NORTH LINE FLAT A DISTANCE OF 124.21 FEET
TO A POINT ME NEST LINE OF A 25 FOOT WDE PUBLIC UTILITY EASEMENT PER OFFKYA.L RECORDS BOOK .1424, PAGE 668 AND
OFFICAL RECORDS BOOK 4029, PAGE 359, PUBLIC RECORDS OF SEMINOLE COUNTY, FLORIDA; THENCE RUN 50077J8"W ALONG
SAID WEST LIN& A DISTANCE OF 151,04 FEET TO T'1£NORT11 LINE OF EAGLES WATCH PHASE TM AS RECORDED AN PLAT BOOK
50, PAGES 20-21 PUBLIC RECORUS OF 5EMINOLE COUNlY, F2CWIDA; THENCE RUN N89J2`22'W ALONG SAID NORTH LINE FOR A
DISTANCE OF 788.81 FEET TO A POINT ON THE AFOREMENPONED EASTERLY RIGHt OF-NAY LINE Of KSTAMLLA DRIVE,• SAID
POINT BEING ON A CUR*, CONCAVE WLSTEKLY, HAVING A CENTRAL ANGLE OF (7930'A AND A RADIUS Or' 790,00 FEET; THENCE
DEPARTING SAID MORM LINE, FROM A TANGENT BEAROX OF N10'18'G5'E RUN NORP(EASTERLY ALONG PIE ARC OF SAID CURVE
AND SAID RIGHT-OF-WAY UNE, A DISFANCE OF iJ5.68 FEET' THENCE DEPARTING SAID CURVE, RUN N0670'16 E, A 015TANC.E OF
65.58 FEET TO THE POINT OF BEGINNING.
CCNNTAMVING 5.750 ACRES 410RE OR LESS.
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0082037\163031\1992920v3
EXHIBIT B
LEGAL DESCRIPTION OF THE FUTURE ALF PARCEL
A PORRON OF LOT 19, MAP OF THE PHILLIP R, "ICE GRANT, AS RECORDED IN PLAT BOOK 1, PACES 35-38, PUBLIC RECORDS
OF SEMINOLE COUNtY, FLORIDA AND A POROM OF SECIIO.N 5, TOWNSHIP 21 SOUTH, RANGE 31 £AST, AND A PORTION OF SAID
SEC770M 5 BEING MORE PARVCUTA.RLY DESCRIBED AS FOLLOWS
COMMENCE AT VIE NORVIEAST CORNER OF W.57AW1ILA ORVE, AS RECORDED IN PIAT BOOK 47, PACES 60—ST, PUBLIC RECORDS
OF SEMINOLE COUNTY, FLORIDA, THENCE ALONG INE SOUTH RIGHT.-OF—WAY LINE OF S to Q ROAD 434 AS RECORDED IN OFFICAL
RECORDS BOOK 2301, PACE 1486 RUN VIE FOLLOW4NG THREE (3) COURSES, 58949217f FOR A DISTANCE OF 53327 FEET;
THENCE RUN 50070'39"W FOR DISTANCE' OC 10.00 FEET; THENCE RUN 58949'21"E FOR A DISTANCE OF 107,63 FEET TO THE
POINT OF BEGINNING; THENCE CUVVNUE A10146 SAID SOUTH RICHT-OF—WAY LINT THE FOtLOMNG TWO (2) COURSES RUN
589'4921 E FOR. A DISTANCE OF 401.73 FEET: TNENCE RUN 579'28'18'E FOR A DISTANCE OF 20.20 FEET TO THE ;BEST
RIGHT-Or-WAY L?NE OF BLACK HAMMOCK BRANCH SEABOARD COAST LINE RAILROAD THENCE DEPARVNG SAID SOUTH
RIGHT-OF-WAY LINE OF STATE ROAD 434 RUN 50621'38'W ALONG SAID OST RIGHT-OF-WAY UNE FOR A DISTANCE OF 436.23
fFfT TO THE NORTH LINE OF EAGLESWATCH PHASE TWO AS RECORDED 1N PLAT BOOK 50, PAGES 20-21 PUBLIC RECORDS OF
SEMINOLE COUNtY,, FLORIDA; THENCE DEPARTING 5AI0 WEST RIGH(-OF-WAY LINE RUN ALONG SAID NORIH LINE N89:3122'W FOR
A DISTANCE OF 250.5)FEET TO A POINT THE VifST LINE a'A 25 FOOT ME PUBLIC U77LITY EASEMENT PER OFPCIAL RECORDS
BOOK 3424, PACE 668 AND aMCA1 RfCaRDS BOOK 4029, PACE 359, PUBLIC RECORDS OF SEtlINOL'E COUNTY FLORIDA 7PENCE
RUN NOO27'38 E ALONG SAID WEST LINE, A D15FANCE OF 151.04 FEET TO THE NORTH VN'E OF LANDS DESCRIBED IN OFICIAL
RECORDS BOOK .3424, PAGE 651; THENCE ALONG SAID WORTH LINE RUN 118935481V FOR A DISTANCE OF 124.)1 FEET; THENCE
DEPARVNG SAID NORTH LINE RUN NO9n305E FOR A DISTANCE OF 284.56 FEET TO THE POINT OF BEGINNING.
rONTAINING 3.557 ACRES MORE OR LESS.
7
0082037\l 63 03 l\1992920v3
EXHIBIT C
INGRESS, EGRESS AND PARKING EASEMENT DESCRIPTION
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0082037\163031\1992920x3
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EASEMENT FOR INGRESS, EGRESS AND PARKING =
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EXHIBIT
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