HomeMy WebLinkAboutBoard of Trustees of the Internal Improvement Trust Fund of the State of Florida- 2006 08 30
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BK 06484 Pgs 0142 - 151'
CLERX.S :f -:on. ,(10pgs)
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RECORDED 11/15/2006 03'04'~
DEED DOC TAX 0 70 . .~1 PM
RECORDING FEES'86 ~o
RECORD .~v
ED BY G Harfor'd
0AE1
BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT
TRUST FUND OF THE STATE OF FLORIDA
EASEMENT
Easement Number 31605
THIS EASEMENT, made and entered into this 10 th day of C{A^A".~
o
20~, between the BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND
OF THE STATE OF FLORIDA, acting pursuant to its authority set forth in
Section 253.03, Florida Statutes, hereinafter referred to as "GRANTOR", and
the City of Winter Springs, Florida, hereinafter referred to as "GRANTEE".
WHEREAS, GRANTOR is the owner of the hereinafter described real
property, which is managed by the State of Florida Department of
Environmental Protection, under Lease Number 4337; and
WHEREAS, GRANTEE desires an easement across the hereinafter described
real property for installation and maintenance of vehicular crossing; and
WHEREAS, the managing agency has agreed to the proposed use of this
land under this instrument.
NOW THEREFORE, GRANTOR, for and in consideration of mutual covenants
and agreements hereinafter contained, has granted, and by these presents does
grant, a non-exclusive easement unto GRANTEE over and across the following
described real property in Seminole County, Florida, to-wit:
(See Exhibi t "A" Attached)
subject to the following terms and conditions:
1. DELEGATIONS OF AUTHORITY: GRANTOR'S responsibilities and obligations
herein shall be exercised by the Division of State Lands, Department of
Environmental Protection.
2. ~: The term of this easement shall be for a period of fifty years
commencing on (1.~ ~O) ~ 00 ~ and ending on a^~MI.-t 10,) dO S (0
with no option for renewal, unless sooner terminated pursuant to the
provisions of this easement.
3. USE OF PROPERTY AND UNDUE WASTE: This easement shall be limited to the
installation and maintenance of a vehicular crossing upon and across the
property described in Exhibit "A" during the term of this easement. This
easement shall be non-exclusive. GRANTOR, retains the right to engage in any
activities on, over, across or below the easement area which do not
unreasonably interfere with GRANTEE'S exercise of this easement and further
retains the right to grant compatible uses to third parties during the term
of this easement.
THIS INSTRUMENT P
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GRANTEE shall dispose of, to the satisfaction of GRANTOR, all brush and
refuse resulting from the clearing of the land for the uses authorized
hereunder. If timber is removed in connection with clearing this easement,
the net proceeds derived from the sale of such timber shall accrue to
GRANTOR. GRANTEE shall take all reasonable precautions to control soil
erosion and to prevent any other degradation of the real property described
in Exhibit "A" during the term of this easement. GRANTEE shall not remove
water from any source on this easement including, but not limited to, a
watercourse, reservoir, spring, or well, without the prior written approval
of GRANTOR. GRANTEE shall clear, remove and pick up all debris including,
but not limited to, containers, papers, discarded tools and trash foreign to
the work locations and dispose of the same in a satisfactory manner as to
leave the work locations clean and free of any such debris. GRANTEE, its
agents, successors, or assigns, shall not dispose of any contaminants
including but not limited to, hazardous or toxic substances, petroleum, fuel
oil, or petroleum by-products, chemicals or other agents produced or used in
GRANTEE'S operations, on this easement or on any adjacent state land or in
any manner not permitted by law. GRANTEE shall be liable for all costs
associated with any cleanup of the subject property which is a result of
GRANTEE'S operations and use of the subject property.
Upon termination or expiration of this easement GRANTEE shall restore
the lands over which this easement is granted to substantially the same
condition as existed on the effective date of this easement. GRANTEE agrees
that upon termination of this easement all authorization granted hereunder
shall cease and terminate.
If the lands described in Exhibit "A" are under lease to another
agency, GRANTEE shall obtain the consent of such agency prior to engaging in
any use of the real property authorized herein.
4. ASSIGNMENT: This easement shall not be assigned in whole or in part
without the prior written consent of GRANTOR. Any assignment made either in
whole or in part without the prior written consent of GRANTOR shall be void
and without legal effect.
5. RIGHT OF INSPECTION: GRANTOR or its duly authorized agents,
representatives or employees shall have the right at any and all times to
inspect this easement and the works of GRANTEE in any matter pertaining to
this easement.
Page 2 of 10
Easement No. 31605
R/0212004
6. NON-DISCRIMINATION: GRANTEE shall not discriminate against any
individual because of that individual's race, color, religion, sex, national
origin, age, handicaps, or marital status with respect to any activity
occurring within this easement or upon lands adjacent to and used as an
adjunct of this easement.
7. L~ILITY: Each party is responsible for all personal injury and
property damage attributable to the negligent acts or omissions of that party
and the officers, employees and agents thereof. Nothing herein shall be
construed as an indemnity or a waiver of sovereign immunity enjoyed by any
party hereto, as provided in Section 768.28, Florida Statutes, as amended
from time to time, or any other law providing limitations on claims.
8. COMPLIANCE WITH LAWS: GRANTEE agrees that this easement is contingent
upon and subject to GRANTEE obtaining all applicable permits and complying
with all applicable permits, regulations, ordinances, rules, and laws of the
State of Florida or the United States or of any political subdivision or
agency of either.
9. ARCHAEOLOGICAL AND HISTORIC SITES: Execution of this easement in no
way affects any of the parties' obligations pursuant to Chapter 267, Florida
Statutes. The collection of artifacts or the disturbance of archaeological
and historic sites on state-owned lands is prohibited unless prior
authorization has been obtained from the Department of State, Division of
Historical Resources.
10. PROHIBITIONS AGAINST LIENS OR OTHER ENCUMBRANCES: Fee title to the
lands underlying this easement is held by GRANTOR. GRANTEE shall not do or
permit anything to be done which purports to create a lien or encumbrance of
any nature against the real property of GRANTOR including, but not limited
to, mortgages or construction liens against the real property described in
Exhibit "A" or against any interest of GRANTOR therein.
11. PARTIAL INVALIDITY: If any term, covenant, condition or provision of
this easement shall be ruled by a court of competent jurisdiction to be
invalid, void, or unenforceable, the remainder shall remain in full force and
effect and shall in no way be affected, impaired or invalidated.
12. SOVEREIGNTY SUBMERGED LANDS: This easement does not authorize the use
of any lands located waterward of the mean or ordinary high water line of any
lake, river, stream, creek, bay, estuary, or other water body or the waters
or the air space thereabove.
Page 3 ofl0
Easement No. 31605
R/02/2004
13. ENTIRE UNDERSTANDING: This easement sets forth the entire
understanding between the parties and shall only be amended with the prior
written approval of GRANTOR.
14. TIME: Time is expressly declared to be of the essence of this
easement.
15. RIGHT OF AUDIT: GRANTEE shall make available to GRANTOR all financial
and other records relating to this easement and GRANTOR shall have the right
to audit such records at any reasonable time during the term of this
easement. This right shall be continuous until this easement expires or is
terminated. This easement may be terminated by GRANTOR should GRANTEE fail
to allow public access to all documents, papers, letters or other materials
made or received in conjunction with this easement, pursuant to Chapter 119,
Florida Statutes.
16. PAYMENT OF TAXES AND ASSESSMENTS: GRANTEE shall assume full
responsibility for and shall pay all liabilities that accrue to the easement
area or to the improvements thereon including any and all drainage and
special assessments or taxes of every kind and all mechanic's or
materialman's liens which may be hereafter lawfully assessed and levied
against this easement.
17. AUTOMATIC REVERSION: This easement is subject to an automatic
termination and reversion to GRANTOR when, in the opinion of GRANTOR, this
easement is not used for the purposes outlined herein, and any costs or
expenses arising out of the implementation of this clause shall be borne
completely, wholly and entirely by GRANTEE, including attorneys' fees.
18. RECORDING OF EASEMENT: The GRANTEE, at its own expense, shall record
this fully executed easement in its entirety in the public records of the
county within which the easement site is located within fourteen days after
receipt, and shall provide to the GRANTOR within ten days following the
recordation a copy of the recorded easement in its entirety which contains
the O.R. Book and Pages at which the easement is recorded. Failure to comply
with this paragraph shall constitute grounds for immediate termination of
this easement agreement at the option of the GRANTOR.
19. GOVERNING LAW: This easement shall be governed by and interpreted
according to the laws of the State of Florida.
Page 4 of 10
Easement No. 31605
R/0212004
20. SECTION CAPTIONS: Articles, subsections and other captions contained
in this easement are for reference purposes only and are in no way intended
to describe, interpret, define or limit the scope, extent or intent of this
easement or any provisions thereof.
Page 5 of 10
Easement No. 31605
R102/2004
IN WITNESS WHEREOF, the parties have caused this easement to
be executed the day and year first above written.
BOARD OF TRUSTEES OF THE INTERNAL
IMPROVEMENT TRUST FUND OF THE
STATE OF FLORIDA
By:
~Dbltl1 {L.,~
GLORIA C. NELSON, OPERATIONS
AND MANAGEMENT CONSULTANT
MANAGER, BUREAU OF PUBLIC LAND
ADMINISTRATION, DIVISION OF
STATE LANDS, DEPARTMENT OF
ENVIRONMENTAL PROTECTION
(SEAL)
:t3:-tllra
obb I ().:)
Print/Type Witness Name
"GRANTOR"
STATE OF FLORIDA
COUNTY OF LEON
f . . '1()Ar~
orego1ng 1nstrument was acknowledged before me this ~ day of
, 2~Jl, by Gloria C. Nelson, Operations and Management
Cons ltant Manager, Bureau of Public Land Administration, Division of State
Lands, Florida Department of Environmental Protection, acting as an agent on
behalf of the Board of Trustees of the Internal Improvement Trust Fund of the
State of Florida. She is personally known to me.
Florida
Print/Type Notarrc ~F FLORIDA
. }OTARY POOL . ~helle Brady
ComrruSS1~." #DD507113
CommIssIon, 6 2010
.. . . JA,1\j. 1 ,
ComrruSS1 :.Ji.~~=Uc Bonding Co., lnc.
3onded-nu:u
By:
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Page 6 of 10
Easement No. 31605
R102/2004
City of Winter Springs, Florida
By:
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Ronald W. McLemore
Print/Type Name
Title: City Manager
"GRANTEE"
STATE OF FLORIDA
COUNTY OF 9JY\'l"\6le
'J )t"\C
~ The foregoing instrument was acknowledged before me thi~ day of
uSJ- 20tJ(,., by Ronald W. McLemore, City Manager of the City of Winter Springs,
Fl rida, on behalf of the City of Winter Spri g, lorida. He is personally known to me.
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Notary Public Stale of Florida
Nun K Gibbs
My Commission 00545099
Expires 06/1212010
ry Public, State of Florida
U((' b,bh~
Print/Type Notary Name
Commission Number: DO ~ ~(Jq q
Commission Expires: {g}p-Id.-OJO
Page 7 of 10
Easement No. 31605
R/02/2004
CC
Exhibit A
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UGAL D~/PTlON
A PORTION OF PARCEL 3, PER OFFICIAL RECORDS BOOK 4056, PAGE 0428, LYING IN LOT 29, BLOCK
B, D.R. MITCHELL'S SURVEY OF THE LEVY GRANT ON LAKE JESSUP 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 NORTHWEST CORNER OF LOT 28, BLOCK B, D.R. MITCHELL'S SURVEY OF THE LEVY
GRANT ON LAKE JESSUP AS RECORDED IN PLAT BOOK 1, PAGE 5 OF SAID PUBLIC RECORDS, THENCE
RUN SOUTH 18'59'07" WEST ALONG THE WEST LINE OF SAID LOT 28, A DISTANCE OF 720.17 FEET TO
A POINT ON THE NORTH RIGHT-OF-WAY LINE OF FIRST STREET (A 30 FOOT RIGHT-OF-WAY) THENCE
RUN SOUTH 71'23'26" EAST ALONG SAID NORTH RIGHT-OF-WAY LINE, A DISTANCE OF 579.67 FEET TO
THE POINT OF BEGINNING; THENCE DEPARTING SAID NORTH RIGHT-OF-WAY LINE RUN NORTH 18'36'34"
EAST, A DISTANCE OF 60.00 FEET; THENCE RUN SOUTH 71'23'26" EAST, A DISTANCE OF 92.61 FEET;
THENCE RUN SOUTH 18'36'34" WEST, A DISTANCE OF 60.00 FEET TO A POINT ON THE
AFOREMENTIONED NORTH RIGHT-OF-WAY LINE OF FIRST STREET; THENCE RUN NORTH 71'23'26" WEST
ALONG SAID NORTH RIGHT-OF-WAY LINE, A DISTANCE OF 92.61 FEET TO THE POINT OF BEGINNING.
CONTAINING 5556.24 SQUARE FEET, 0.13 ACRES MORE OR LESS.
P.R.M. - PERMANENT REFERENCE MONUMENT
P.O.C. - POINT Of COMMENCEMENT
P.C. - POINT OF CURVATURE
P.R.C. - POINT Of REVERSE CURVATURE
P.C.C. - POINT Of COMPOUND CURVATURE
P.T. - POINT OF TANGENCY
P.1. - POINT OF INTERSECTION
P.C.P. - PERMANENT CONTROL POINT
P.O.L. - POINT ON LINE
C.B. - CHORD BEARING
T.B. - TANGENT BEARING
ORB - OFFICIAL RECORDS BOOK
C.M. - CONCRETE MONUMENT
P.B. - PLAT BOOK
Pg. - PAGE
N.R. - NON-RADIAL
RAD; - RADIAL
R. - RADIUS
L - ARC LENGTH
Ii. - DELTA
R.P. - RADIUS POINT
R/w - RIGHT-Of-WAY
\: - CENTER LINE
EL. - ELEVATION
AIC - AIR CONDITIONER
nP. - nPlCAL
U.E. - UTILITY EASEMENT
D.E. - DRAINAGE EASEMENT
F.F. - FINISHED FLOOR
B.S. - BUILDING SETBACK
C.B.S. - CONCRETE BLOCK STRUCTURE
(p) - PLAT
(1.1) - MEASURED
(C) - CALCULA TEO
LEGEND:
CONC. - CONCRETE
C.L.F. - CHAIN LINK FENCE
W.F. - WOOD FENCE
C & G - CURB & GUTTER
CATV - CABLE TELEVISION RISER
TELE - TELEPHONE RISER
TRANS - TRANSFORMER PAD
LP. - LIGHT POLE
P.P. - POWER PbLE
N.G. - NATURAL' GROUND
SQ. FT. - SQUARE FEET
W.M. - WATER METER
F.H. - FIRE HYDRANT
N & 0 - NAIL AND DISC
B.M. - BENCH MARK
PVMT. - P A VEMEN T
F.B. - FIELD BOOK
M.H. - MANHOLE
(A) - ACTUAL
NSI - NO SURVEYOR
IDENTIFICATION
FND - FOUND
REC - RECOVERED
ABBREVIATION
Survey Notes:
1. "NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED
SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER".
2. BEARINGS SHOWN HEREON ARE RELATIVE TO ASSUMED DATA AS
BEING S 18'59'07" W ALONG THE WEST LINE OF LOT 28, BLOCK B PER
A PORTION OF D.R. MITCHELL'S SURVEY OF THE LEVY GRANT PLAT
BOOK 1 PAGE 5, AS RECORDED IN THE PUBLIC RECORDS OF SEMINOLE
COUNTY, FLORIDA.
3. THE "LEGAL DESCRIPTION" HEREON WAS PREPARED BY THE
SURVEYOR PER THE CLIENT'S REQUEST.
4. THIS SURVEY WAS PREPARED WITHOUT THE BENEFIT OF AN
ABSTRACT OR OPINION OF TITLE. NO INSTRUMENTS OF RECORD
REFLECTING EASEMENTS, RIGHTS-OF-WAY, AND/OR OWNERSHIP WERE
FURNISHED TO THIS SURVEYOR EXCEPT AS NOTED.
5. THIS IS NOT A BOUNDARY SURVEY, THIS SKETCH AND DESCRIPTION
WAS PREPARED FROM INFORMATION FURNISHED TO THE SURVEYOR, NO
FIELD SURVEY WAS PERFORl.4ED TO DEFINE OWNERSHIP.
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Exhibit A
Page 8 of 10
Easement No. 31605
Surveyor's Certification:
CLIENT: CITY OF WINTER SPRINGS
PROJECT NUMBER: 04129
CADD DWG. FILE: SKETCH AND DESC.DWG
NOT VAUD ""THooT SHEET 2
SHEET 1 OF 2
W. C. Elliott, P.S.M.
Prof\lsslonal Survilyor and MappotT
Florlcro Registration 'No. 5599
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Engineers
Planners
Landscape Architects
Surveyors
Construction Management
www.cphengineers.com
500 West Fulton Street, Sanford, Fl. 32m P.O. Box 2808, Sanford, Fl. 32m-2808
Phone: 407.322.6841 Fax: 407.330.0639
REVISION BY DA TE
SKETCH AND DESCRIPTION R.D.S. '1 2/15/06
Certificate of Authorization No. 7143
Exhibit B
~P.O.C.
/ NW'C'ORNER LOT 28, BLOCK B,
or D.R. MITCHELL'S sURVEyor
THE LEVY GRANT
PLAT BOOK 1 PAGE 5
LOT 29, BLOCK B
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LOT 28, BLOCK B
OF D.R. MITCHELL'S SURVEY OF
THE LEVY GRANT
PLAT BOOK 1 PAGE 5
I NORTH R/W LINE
rlRST STREET
S7172 .
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100
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1 inch = 100 ft.
Exhibit B
Page 9 of 10
Easement No. 31605
CLIEN T: C1 TY OF WIN TER SPRINCS
PROJECT NUMBER: 04/29
CADD DI\G. FILE: SKETCH AND DESC.DI\G
NOT VAUD ttlTHOUT SHEET 1
SHEET 2 OF 2
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Engineers
Planners
Landscape Architects
Surveyors
Construction Management
www.cphengineers.com
500 West Fulton Street, Sanford, Fl. 32771 P.O. Box 2808, Sanford, Fl. 32m-2808
Phone: 407.322.6841 Fax: 407.330.0639
RE'v7S1ON DA TE:
SKETCH AND DESCRIPTION R.D.B. 2//5/06
Certificate of Authorization No. n43
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Page 1 0 of 1 0
Easement No. 31605