HomeMy WebLinkAboutDorsey, Norbert M. (as Bishop of The Diocese of Orlando)-TLBD Easement Maintenance- 2001 09 19
<
,
, ,
.
, ' 1111111111 R 1111111111111 n III n 1111111111111 IS RI 11111 I 1111
.. ,
,
Prepared by and relum 10: MARYANNE MORSE, CLERK OF CIRCUIT COURT
Q C;,y of W;",<, s,";,,~ SEMINOLE CO~TY
1126 East Slate Road 434 BK 04173 PG 0712
~ Winter Springs, fL 32708 CLERK'S # 2001749739
Alln: City Manager RECORDED 09/19/2001 10:13:14 AM
DEED DOC TAX O. 70 .
RECORDING FEES 42.00
TUSCA WILLA LIGHTING AND BEA UTIFICJE'l:fmM ~'f3f./1RJJ~JJi
IMPROVEMENTS AND MAINTENANCE EASEMENT
TI-IIS EASEMENT, made this -(t day OfS-~uB~ , ,
r'3 -
2001, by NORBERT M. DORSEY, AS BISHOP ',.
OF THE IOeESE OF >''';
ORLANDO, a corporation sole, having a mailing address of P.O. Box I 800, Orlando, ~'f .,
FL 32708 (hereinafter called "Grantor"), in favor of the CITY OF WINTER SPRINGS,
FLORIDA, a Florida Municipal Corporation, having a mailing address of] ] 26 East State
Road 434, Winter Springs, FI 32708 (hereinafter called "Grantee").
WITNESSETH
WHEREAS, Grantor is the sole owner of certain real property located within the
defined area of the Tuscawilla Lighting and Beautification District; and
WHEREAS, Grantor desires to convey a perpetual casement over, under, and
across a portion of its real property, as legally described herein, for purposes of allowing
Grantee to construct, operate and maintain signage, a wall, water features, landscaping,
and utility improvements and other incidental appurtenances and accessories thereto in the
Tuscawilla Lighting and Beautification District (hereinafter called "TLBD") which was
created by the City of Winter Springs for the benefit of the public; and
WHEREAS, Grantor, as fee simple owner of the casement property, also agrees
to assist Grantee in obtaining any local, state, or federal permits required to construct the
TLBD improvements and any other incidental appurtenances and accessories thereto
provided such assistance can be provided at no cost to Grantor; and
NOW, THEREFORE, in consideration of the enumerated TLBD 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:
II Recitals. . The foregoing recitals are hereby incorporated herein by this reference.
-
n Grant of Easement. Grantor hereby voluntarily grants and conveys to Grantee,
its successors, and assigns, subject to any previous duly recorded easements or
grants of record, an improvement and maintcnance easemcnt over, under, and . ,
across the real property described as follows: CERTIFIED COPY .
MARY ANNE MORSS
CLERK OF CIRCUIT Co.u~
Page I of 7 SEM~OLE coum f\DRlM
". /7 h' .-c:-c-- .
IlY z.c . ~
, DEPUTY r.1_rRlt
SEP 19 2001
i
,
\
FILE NUM 2001749739
OR BOOK 04173 PAGE 0713
A portion of Lot 67, Tuscawilla Unit 8, as recorded in Plat Book 23, page 25
Public Rccords of Seminole County, Florida, being more particularly described as
follows ~ ~
.'- I
Commcnce at thc Northwest corner of Lot 67 according to the Plat of Tuscawilla
Unit 8, Plat Book 23, page 25; thence S 71 degrees, 00 minutes, 30 seconds E for
a distance of ] 0.98 feet along the North line of said lot 67 to the POINT OF
BEGINNIN G; thence continuing along said north line for a distance of 10.00 feet ~
to a point on a curve concave Northwesterly having a radius of 5803.58 feet; '. 'f: . .
1f,1 ..
thence from a tangent bearing S 19 degrees, 56 minutes, 44 seconds W along said {'.
curve through a central angle of 0 I degrees, 44 minutes, 48 seconds for a distance
of 176.93 feet; thence S 71 degrees, 00 minutes, 30 seconds E for a distance of
3.07 feet; thence S 47 degrees, 33 minutes, 24 seconds E for a distance of 6.91
feet; thence S 71 degrees 00 minutes, 30 seconds E for a distance of 2] .25 feet;
thence S 18 degrees, 59 minutes, 30 seconds W for a distance of 15.25 feet to the
Northerly Right of Way of Trotwood Boulevard; thence N 71 degrees, 00 minutes,
30 seconds W along said Northerly Right of Way for a distance of 26.32 feet to
the point of curvature of a curve concave northeasterly having a radius of 25.00
feet; thence along the arc of said curve through a central angle of 36 degrees, 47
minutes, 47 seconds for a distance of ] 6.06 feet to the point of a cusp of a curve
concave northwesterly having a radius of 5793.58 feet; thence from a tangent
bearing of N 21 degrees, 49 minutes, 33 seconds E along the arc of said curve
through a central angle of 01 degree, 52 minutes, 49 seconds for a distance of
190.13 feet to the POINT OF BEGINNING.
(hereinafter the "Easement Property") of the nature and character and to the extent
hereinafter set forth ("Easement").
3) Purpose of Easement. This Easement is granted for the express purpose of
allowing Grantee to use the Ease'ment Property to construct and/or maintain
TLBD improvements over, under, and across the Easement Property, }ncIuding,
but not limited to, signage, a wall, water features, landscaping, utilities and any
other incidental appurtenances and accessories thereto. It is also the express
purpose of this Easement to provide Grantee unconditional ingre~s and egress to,
over, under and from the Easement Property for the purposes stated herein.
4) Rights of Grantee. To accomplish the purposes stated above, and at Grantee's
expense, the following rights are conveyed to the Grantee by this easement:
a. To use the Easement Property to construct, operate, a~d maintain TLBD
improvements over, under, and across the Easement Property including, but not
limited to, signage, walls, water features, landscaping, and utilities and any other
Page 2 or 7
"
, '
. ..
FILE NUM 2001749739
incidental appurtenances and accessories thereto; OR BOOK 04173 PAGE 0714
b. To prevent any activity on or use of the Easement Property that is
inconsistent with the purpose of the Easement, and to require the restoration of
areas or features of the Easement Property that may be damaged by an inconsistent
activity or use;
c. To use this Easement for ingress and egress to the defined TLBD
improvements;
d. To cut, trim, and keep clean such trees, brush, and undergrowth that might It.: ,.
I
hinder or prohibit the use of the Easement Property including, but not limited to
slgnage, walls, fountains, landscaping, and utilities and any other incidental
appurtenances thereto; and
e. To take any civil action deemed necessary, at the Grantee's sole and
absolute discretion and expense, to protect and preserve the Easement granted
hereunder.
5) Obligations of Grantee. Grantee's rights hereunder are expressly conditioned
upon Grantee's fulfilling its duties and obligations hereunder, including the
obligation to construct and maintain a six-foot high masonry wall to serve as a
buffer between the Easement Property and the property owned by Grantor which
is not part of the Easement Property. Grantee shall complete those sections of the
wall which exist as of the date of this document and shall, within 12 months after
the date hereof, complete construction of the wall within the Easement Area.
Grantee shall have a perpetual obligation to maintain and repair the wall. The
plans for constructing the wall, as well as the schedule for maintaining and
repairing the wall, must be approved in advance by Grantor.
6) Permits. The parties acknowledge that certain local, state, and federal permits may
be required from time to . time for purpos~s of constructing, operating, and
maintaining the TLBD improvements and other incidental appurtenances and
accessory structures referred to herein. Grantor, as fee simple owner of the
Easement Property, hereby agrees to allow Grantee 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 as long as this can be
accomplished at no cost to Grantor.
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 TLBD
improvements and other incidental appurtenances and accessory structures.
Page J or 7
FILE NUM 2001749739
OR BOOK 04173 PAGE 0715
~
7) Eascmcnts, Run with the Land. This Easement shall remain a charge against the
Easement Property. Therefore, this Easement shall "run with the land" and be
automatically assigned by any deed or other conveyance conveying a portion of the
Easement Property relating to this casement, even though conveyance makes no . \
,
reference to this Easement as such.
8) Indemn ification. Grantee agrees it will exercise its rights hereunder at its sole
risk and, to the extent permitted by law, agrees to indemnify Grantor and hold
Grantor harmless against all liability, loss, cost, and expense, including attorneys'
fees, which may be sustained by Grantor by reason of the death of or injury to any >; .
person or damage to any property, arising out of orin connection with the herein ,
described purposes by Grantee, its contractors, agents, or employees. Grantee, at
its sole cost and expense and at no cost and expense to Grantor, agrees to defend
any and all suits or actions instituted against Grantor, for the imposition of such
liability, loss, cost and expense.
9) 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.
10) Recordation. 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 its rights in this Easement.
11) Successors. The covenants, terms, conditions, rights, and restnctlons 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 Easement Property.
12) Grantor's Representations and Warranties. Grantor hereby agrees and makes
the following representations and warranties to Grantee based on Grantor's
current, actual knowledge and not having made any investigations, inspections or
InqUIrIes.
a. Grantor is lawfully seized of said Easement Property in fee simple and has full
and lawful authority to execute this Easement, convey the Easement to Grantee,
and bind the Easement Property as set forth herein.
b. The Easement Property is free of any and, all encumbrances, 'except 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.
Page 4 or 7
'.
FILE NUM 2001749739
. , OR BOOK 04173 PAGE 0715
".
c. Grantor shall pay any and all taxes that are levied on the Easement Property,
from time to time, as said taxes and assessments come due. The improvements
contemplated to be made on this easement are for a Public purpose and therefore
not considered as being subject to taxation.
d. Grantor hereby warrants the title to the Easement granted hereunder Over,
under, and across the Easement Property and will defend the same against lawful
claims of all persons claiming by, through or under Grantor.
13) .. 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 TLBD, 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.
14) Entire Agreement. This Easement constitutes the full and entire agreement
between the parties hereto and supercedes 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.
15) 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, Ffor;da
Statutes, or other limitations imposed on the Grantee's potential liability under
state or federal law.
16) Modifications. This Easement shall only be modified by a written instrument
executed by the parties hereto or any successor, assigns heirs, or representatives
thereto.
17) Grantors Duty of Noninterference. Grantor agrees not to interfere with
Grantor's rights to use the Easement' Property as specifically set fo"rth herein.
Grantor agrees not to permit or allow the construction or erection of any building
or structure on the Easement Property without prior written. consent of the
Grantee.
18) " 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 Property for TLBO improvemen!-s described herein,
Grantee, at Grantor's written request, agrees to execute an 'appropriate written
instrument to terminate this casement.
['age 5 or 7
FILE NUM 2001749739
OR BOOK 04173 PAGE 0717
.-
IN WITNESS WHEREOF, Grantor and Grantec set their respective hands on
the day and year above writtcn.
GRANTOR
BY. ~Jh.J)~
Norbert M. Dorsey, as Bisho O. the
Diocese of Orlando, a corporation sole .'
":&?;:- . Sharon J. Molthen
!.~ . :.\ MYCOMMISSIOtU CC994932 EXPK?ES
~:'. . it May 7, 2005
'~~'Rf.:~~ IONDfD THou 1.01 f "N INSUMNCt INC.
STATE OF FLORIDA
COUNTY OF ORANGE
e foregoing instrument was acknowledged and sworn to before me this joL~
day of , 2001 by NORBERT M. DORSEY, as Bishop of the Diocese of
Orlando, corporation sole, who is/is not personally known to me, or has produced
as identi fication.
N
GRANTEE:
CITY OF WINTER SPRINGS
By: i~h/.?n~
Ronald W. McLemore .
City Manager
/
-'
Page (, of 7
FILE NUM 2001749739
. . OR BOOK 04173 PAGE 0718
-.'
STATE OF FLORIDA
COUNTY OF SEMINOLE
~Oing instrument was acknowledged and sworn to befofe me this / f day
o . . 01 by ~CLEMORE, City M<'I.nager of the City of Winter ,.
Spr ngs, Florida, .. not personally known to me, or has
produced as ident' [cation. .'
L.
- -' - - - - - -
m HOllY PIERSTOR"
....~ ~(:\.
.. Notary Public. Stale 0( Florida
: .} My ~ Exprns./un 26, 2005 ~
(",Y' C,mmlu'", 00031<54 ~
....- ~
,.-
Page 7 or 7
.
,
.
.~
Sheet 1
See Sketch of Description.
Included as Attachment "A"
PROPOSED WALL EASEMENT
DESeRIPTION
A portion of Lot 67, Tuscawilla Unit 8, as recorded in Plat Book 23, Page 25, Public Records of
Seminole County, Florida, being more particularly described as follows:
eommence at the Northwest corner of Lot 67 according to the Plat of Tuscawilla Unit 8, Plat Book
23, Page 25; thence S 71000'30" E for a distance of 10.98 feet along the north line of said Lot 67 to
the POINT OF BEGINNING; thence continuing along said north line for a distance of 10.00 feet
to a point on a curve concave Northwesterly having a radius of 5803.58 feet; thence from a tangent
bearing of S 19056'44" W along said curve through a central angle of 0 1 044'48" for a distance of
176,93 feet; thence S 71000'30" E for a distance of3,07 feet; thence S 47033'24" E for a distance
of6,91 feet; thence S 71000'30" E for a distanceof21.25 feet; thence S 18059'30" W for a distance
ofI5.25 feet to the Northerly Right of Way of Trotwood Boulevard; thence N 71000'30" W along
said Northerly Right of Way for a distance of26.32 feet to the point of curvature of a curve concave
northeasterly having a radius of25,OO feet; thence along the arc of said curve through a central angle
of36047'47" for a distance of 16.06 feet to the point of cusp ofa curve concave northwesterly having
a radius of 5793.58 feet; thence from a tangent bearing ofN 21 049'33" E along the arc of said curve
through a central angle of 01 052'49" for a distance of 190.13 feet to the POINT OF BEGINNING,
Prepared by: This description and the accompanying sketch or 0"
sketches has been prepared in accordance with the ;:u......
r
Tinklepaugh SlliVeying Services, Inc. StandardS set forth in Chapter 61 G 17, FAC" pursuant tom
379 West Michigan Street to Chapters 177 and 472, Florida Statutes. Unless it bears 0
02
Suite 208 the signature and the original. raised seaL oLa Florida ;r::c
3:
Orlando, Florida 32806 licensed sw-veyor and mapper this drawing, sketch, plat 0
(407) 422-0957 or map is for infonnational pyrposcs only and is not valid. ~I\.l
....0
~4%'~ --.10
w....
T01-A37.67 --..J
ARTHUR W. TUCKER, P.L.S. # 4381 ~
Dale: e-- z. 9 --0 { l.D
"lJ--.I
DW
G1l.D
fTl
0
--.I
....
l.D
-..-
.
S/irzi'rc/:/ OF .lJESC/?/P7YO/v ^i~~gn-'2EN~.;.
. ^ NOT ^ SURVEY
PROPOSED WALL EASEMENT
I
paNT OF BEGINNING
-
~ S7,~ - ____
J 'o.O(y~ ---- I
I !
(;)
^ , .
lPoJ"20'Q1- 1 ~ ~ ~
R-2B97.79' It:s~ ~
L-188.6O' '- /t/
1<3,] '-
15~ 8
~(J ~
~$ i:!
If:!
0t:s
~ 6-01~44'~
R-~M'
L-176.93'
""'"
'"
~::J I
:/ LOT 67
~Cij
k~ /
Ok
,-0
d'''-~
~;s~
0.. :;j /
lPo56 '4O"CXf' /
R-25.00'
1io24.7(
I ~ ,
~~ l
/# !ij;';
/ fj . NORTHERLY RIGHT OF WAY tIl ~ ~
~.. CF lROTWOOO BOUlEVARD 0
OZ - -
- ~C
~~ ~O,~ ,,~ / t~ I
~ -U'~ ~ 0 ..J 0
_______ t:1p~~ ~. W ~
-~~ ~
lJ..J
DW
T- kl G1'f.
BEARINGS BASED ON RIGHT OF WAY PLANS FOR TUSCAWlLLA n
=. THE NORlHEASTERL Y RIGHT OF WAY OF TROTWOOD BOULEVARD In e p a u 9
ING SOUlH 71'00';50- EAST. SURVEYING SERV-'CES~ INC.
THIS IS NOT A BOUNDARY SURVEY. 379 W. Michigan Street. Suite 208 0 Orl~do, Florida 32806
lHlS SKETCH PREPARED WITHOUT BENEFIT OF CURRENT -
--- DATA AND IS SUBJECT TO EASEMENTS AND MATTERS Tele, No. (407) 422-0957 Fax No. (407) 422-6915
RECORD. UCENSED BUSINESS No. 3778