HomeMy WebLinkAbout2001 08 13 Consent B Public Improvements and Maintenance Easement and Agreement from Norbert Dorsey
COMMISSION AGE:NDA
ITEM
B
@ONSENT X
INFORMATIONAL
PUBLIC HEARING
REGULAR
August 13,2001
Meeting
MGR ~PT /,,4/
Authorization
REQUEST: Public Works Department Requesting Approval of the Public Improvements and
Maintenance Easement and Agreement from Norbert Dorsey, as Bishop of the
Diocese of Orlando.
PURPOSE: The purpose of this Board item is to request Approval of the Public Improvements and
Maintenance Easement and Agreement from Norbert Dorsey, as Bishop of the Diocese
of Orlando for the construction and maintenance of Tuscawilla Lighting and
Beautification District improvements at the northeast comer of Trotwood Boulevard
and Tuskawilla Road.
CONSIDERA TIONS:
This public improvements and maintenance easement and agreement is needed for the
construction and maintenance of the entranceway improvements by the TuscawilIa Lighting
and Beautification District on the church property. The property is located on the northeast
comer of Tuskawilla Road and Trotwood Boulevard.
The agreement provides for the construction and maintenance of the proposed
entranceway improvements including walls, signage, landscaping, brick pavers and irrigation.
The property owner will be reimbursed for the cost of the existing wall up to the TLBD's
construction contract bid amount of approximately $14,100. All costs incurred with the
fulfillment of this agreement will be charged to the TLBD.
8130 I CB.doc
August 13,2001
Consent Agenda Item B
Page 2
FUNDING:
Costs associated with the fulfillment of this agreem{mt will be the responsibility of the
TLBD. Excluding legal fees, they are estimated at $14,100 for the wall construction
reimbursement, $50 for recordation and $600 for the survey and legal description.
RECOMMENDA TION:
It is recommended that approval of the Public Improvements and Maintenance
Easement and Agreement be granted from Norbert Dorsey, as Bishop of the Diocese of
Orlando for the construction and maintenance of Tuscawilla Lighting and
Beautification District improvements at the northeast corner of Trotwood Boulevard
and Tuskawilla Road.
IMPLEMENTATION SCHEDULE:
All easements needed for the TLBD construction are pending approval except for
Vista willa Drive which is forthcoming.
ATTACHMENTS:
1. Public Improvements and Maintenance Easement and Agreement
COMMISSION
l( I J() I CB.doc
A TT ACHMENT NO. 1
Prepared by and return (0:
City of Winter Springs
1126 East Slate Road 434
Winter Springs. FL 32708
Altn: City Manager
TUSCA WILLA LIGHTING AND BEAUTIFICATION DISTRICT
IMPROVEMENTS AND MAINTENANCE EASEMENT
THIS EASEMENT, made this day of
2001, by NORBERT M. DORSEY, AS BISHOP OF THE DIOCESE OF ORLANDO,
a corporation sole, having a mailing address of P.O. Box 1800, Orlando, FL 32708
(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, 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 easement 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 easement 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:
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 or grants
of record, an improvement and maintenance easement over, under, and across the real
property described as follows:
A portion of Lol67, Tuscawilla Unit 8, as recorded in Plat Book 23, page 25 Public
Records of Seminole County, Florida, being more particularly described as follows:
Commence at the Northwest corner of Lot 67 according to the Plat of TuscawilIa
Unit 8, Plat Book 23, page 25; thence S 71 degrees, 00 minutes, 30 seconds E for a
distance of 10.98 feet along the North line of said lot 67 to the POIN~ OF
BEGINNING; thence continuing along said north line for a distance of 1O.0D feet
to a point on a curve concave Northwesterly having a radius of 5803.58 feet; thence
from a tangent bearing S 19 degrees, 56 minutes, 44 seconds W along ,said curve
through a central angle of 01 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 21.25 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
16.06 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 Easement Property to construct and/or maintain TLBD
improvements over, under, and across the Easement Property, including, 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 ingress 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, and 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
incidental appurtenances and accessories thereto;
b. To prevent any acti vity 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 mgress and egress to the defined TLBD
tmprovements;
d. To cut, trim, and keep clean such trees, brush, and undergrowth that might
hinder or prohibit the use of the Easement Property including, but not limi~ed to
signage, 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) Obli2:ations 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 purposes 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 pennit 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 pennit requirements, obligations, and duties (if any) related
to the construction, operation, and maintenance of the TLBD improvements and other
incidental appurtenances and accessory structures.
7) Easements. 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 easement, even though conveyance makes no
reference to this Easement as such.
8) Indemnification. 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
hannless against all liability, loss, cost, and expense, including attollleys' 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 or in 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, Ioss~ cost
and expense.
9) Attornev'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, lights, 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.
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 Rieht 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 Ae:reement. 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) Sovereie:n Immunitv. 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.
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 Dutv of Noninterference. Grantor agrees not to interfere with Grantor's
rights to use the Easement Property as specifically set forth 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 TLBD improvements described herein, Grantee,
at Grantor's written request, agrees to execute an appropriate written instrument to
terminate this easement.
IN WITNESS WHEREOF. Grantor and Grantee set their respective hands on the
day and year above written.
GRANTOR
WITNESSES:
By:
Norbert M. Dorsey, as Bishop of the
Diocese of Orlando, a corporation sole
ST A TE OF FLORIDA
COUNTY OF ORANGE
The foregoing instrument was acknowledged and sworn to before me this
day of , 2001 by NORBERT M. DORSEY, as Bishop of the Dioce~e of
Orlando, a corporation sole, who is/is not personally known to me, or has produced
as identification.
NOT AR Y PUBLIC
GRANTEE:
CITY OF WINTER SPRINGS
WITNESSES:
By:
Ronald W. McLemore
City Manager
STATE OF FLORIDA
COUNTY OF SEMINOLE
The foregoing instrument was acknowledged and sworn to before me this _ day
, 2001 by RONALD W. MCLEMORE, City Manager of the City of Winter
Florida, who is/is not personally known to me, or has
as identification.
of
Springs,
produced
NOTARY PUBLIC
-
-
Sheet I
See Sketch of Description
Included as Attachment "A"
PROPOSED WALL EASEMENT
DESCRlJ>TION
A portion of Lot 34, Tuscawilla Unit 8, as recorded in Plat Book 23, Page 25, Public Records of
Seminole County, Florida, being more particularly described as follows:
Begin at the Southwest comer of Lot 34, according to the Plat of Tuscawilla Unit 6, Plat Book 23,
Page 25; thence 1):23014'59" E along the Easterly Right of Way line of Tuscawilla Road for a
distance of 130.00 feet to the point of CUlVature of a CUlVe concave southeasterly, having a radius
of 25.00 'teet; thence along the arc of said CUlVe through a central angle of 85 044'31 II for a distance
of37.41/feet to the point of tangency, said pointbeing on the southerly right of way ofTron;pod
Boulevard; thence S 71000'30" E along said southerly right: of way for a distance of 16.68 feet;
thence departing said southerly right of way S 18059'30" W for a distance of 15.251eet; thence N
71000'30" W for a distance of21.251eet; thence S 85032'24" W for a distance of6.91'feet; thence
N 71000'30" W for a distance of2.36'ieet to a point on a CUlVe concave southeasterly having a radius
of 15.00 feet; thence from a tangent bearing ofS 46':.19'48"'W along the arc of said CUlVe through
a central angle of 23 034'49" for a distance of 6.17 feet; thence S 23014'59" W for a distance of
130.00' fuet to the southerly line of said Lot 34; thence N 66045'01" W along the southerly line of said
Lot 34 for a distance of 10.00 feet to the POINT OF BEGINNING.
Prepared by:
This description and the accompanying sketch or
sketches has been prepared in accordance with the
Standards set forth in Chapter 61 Gl7, FAC., pW"SWUlt
to Chapters 177 and 472, Florida Statutes. Unless it bears
the signature and the original raised seal of a Florida
licensed surveyor and mapper this drawing, sketch. plat
or map is for informational purposes only and is not valid.
~~
ARTHUR W. TUCKER, P.L.S: # 4381
Date: - 2.-2-1]:- 0 f
Tinklepaugh Surveying Services, Inc.
379 West Michigan Street
Suite 208
Orlando, Florida 32806
(407) 422"{)957
TOI-A37.34
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SURVEYING SERVICES, INC.
1.) BEARINGS BASED ON RIGHT OF WAY PLANS FOR TUSCA'MLLA
I ROAD. THE NORTHEASTERLY RIGHT OF WAY OF TROlWOOD BOULEVARD
BEING SOUTH 71'00'30" EAST.
j 2.) THIS IS NOT A BOUNDARY SURVEY.
3.) THIS SKETCH PREPARED 'MTHOUT BENEFIT OF CURRENT
TITlE DATA AND IS SUBJECT TO EASEMENTS AND MAnERS
OF RECORD.
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Prepared by and relurn 10:
Q Cily or Winter Springs
1126 East Stale Road 434
~ Winler Springs, FL 32708
Alto: City Manager
MARYANNE MORSE, ClERK OF CIRCUIT COURT
SEMINOLE COIJHY
BK 04173 PG 0712
CLERK'S # 2001749739
RECORDED 09/19/2001 10:13:14 AM
DEED DOC TAX 0.70
RECORDING FEES 42.00
TUSCA WILLA LIGHTING AND BEAUTIFICJ(f.tfJDMBY~J4Rl
IMPROVEMENTS AND MAINTENANCE EASEMENT
THIS EASEMENT, made this ('3 f! day of <:~.J.-.I.B~ ,
2001, by NORBERT M. DORSEY, AS BISHOP OF THE IOCESE OF
ORLANDO, a corporation sole, having a mailing address of P.O. Box 1800, Orlando,
FL 32708 (hereinafter called "Grantor"), in favor of the CD'Y OF WINTER SPRINGS,
FLORIDA, a Florida Municipal Corporation, having a mailing address of 1126 East State
Road 434, Winter Springs, FI 32708 (hereinafter called "Grantee").
"
" I.
-'("
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 easement 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 easement 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:
1.1 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 maintenance
across the real property described as follows:
Page I of 7
easement over, Ullder, and . "
CERTI FI ED COPY
MARYANNE MORS1!
CLERK OF CIRCUIT GGUfJJ
SEM~LE COUNJY.. f\.DRlD.'J
flY ,.-' /4:..-z:::'"~ ~
. DEPUTY Cl.eRK
~cp 19 2001
UL.
..
, ,
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 H..ecords of Seminole County, Florida, being more particularly described as
follows:
COlllmence at the 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 10.98 feet along the North line of said lot 67 to the POINT OF
llEGINNING; 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 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 I .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 NOIiherly 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 16.06 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 2 I degrees, 49 minutes, 33 seconds E along the arc of said curve
through a central angle of 0 I degree, 52 minutes, 49 seconds for a distance of
190.13 feet to the POINT OF BEGINNfNG.
(hereinafter the "Easement Property") of the nature and character and to the extent
hereinafter set forth ("Easement").
3) Puq~ose of Easement. This Easement is granted for the express purpose of
allowing Grantee to use the Easement Property to construct and/or maintain
TLBD improvements over, under, and across the Easement Property, _including,
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
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incidental appurtenances and accessories thereto;
FILE NUM 2001749739
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
.hinder or prohibit the use of the Easement Property including, but not limited to
signage, walls, fountains, landscaping, and utilities and any other incidental
appurtenances thereto; and
".: ,..
f
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 purposes 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 3 of 7
FILE NUM 2001749739
OR BOOK 04173 PAGE 0715
7) Eascmcnts. Run with the Land. This Easemcnt 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 convcyance conveying a portion of the
Easemcnt Property relating to this easement, evcn though convcyance makes no
refercl1(~c to this Eascmcnt as such.
8)
Indcmnification. Grantee agrees it will cxercise 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 or in 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 Fces. In the event of any legal action ansll1g 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) Recor-dation. 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
mqutrles.
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 1\ or 7
FILE NUM 2001749739
OR BODK 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.
t3)
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.
'I' .
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I
14) Entire Agreement. This Easement constitutes the full and entire agreement
between the parties hereto and supercedes a.ny 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, Florida
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 forth 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 TLBD improvemen~s described herein,
Grantee, at Grantor's written request, agrees to execute an appropriate written
instrument to terminate this easement.
Page 5 or 7
FILE NUM 2001749739
OR BOOK 04173 PAGE 0717
IN WITNESS WHEREOF, Grantor and Grantee set their respective hands on
the day and year above written
GRANTOR
By. ~ bt.])~
Norbert M. Dorsey, ~s Blsho 0 the
Diocese of Orlando, a corporation sole
"'~i'~'r~~. Sharon J. Molthen
f.~ :~ MY COMMfSSIOfII # ((994932 EXPIRES
~:. . ~!il Moy 7, 2005
~~p.r:,'r.-~" IONOfO lHou rooy 'AIN lNSUQANC~ ItIC.
STATE OF FLORIDA
COUNTY OF ORANGE
day of
Orlando,
e foregoing instrument was acknowledged and sworn to before me this p.,.-y,
, 2001 by NORBERT M. DORSEY, as Bishop of the Diocese of
corporation sole, who is/is not personally known to me, or has produced
as identification.
N
GRANTEE:
CITY OF WINTER SPRINGS
By j~ Iv'. ?n~
Ronald W. McLemore .
City Manager
/
Page (j of 7
FILE NUM 2001749739
DR BOOK 04173 PAGE 0718
STATE OF FLORIDA
COUNTY OF SEMINOLE
~ore oing instrument was acknowledged an.d sworn to before me. this / f day
o . 0 I by ~CLEMORE) CIty Manager of the C1ry of Wmter
Spr ngs, Florida, .. not personally known to me, or has
produced as idenf 'lcation.
L.
,,'
- -'
I 'm'fl'~"~~;',,- HOLLY PIERSTORFF.
I ~ -, Notary Publ"oc - State 0( Florida
: ..} My Ccmniss:01 &pre5 Jun 26. 2005 P
~"".~ Commission' 00037454 10.
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Page 7 of 7
Sheet I
See Sketch of Description .
Included as Attachment "A"
PROPOSED WALL EASEMENT
DESCRIPTION
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:
Commence at the Northwest comer 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 1044'48" for a distance of
176.93 feet; thence S 71000'30" E for a distance of3.07 feet; thence S 4r33'24" E for a distance
of6.91 feet; thence S 71000'30" E for a distance of21.25 feet; thence S 18059'30" W.for a distance
of15.25 feet to the Northerly Right of Way ofTrotwood 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 of25.00 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
sketches has been prepared in accordance with the
Standards set forth in Chapter 61 G17, FAC., pursuant
10 Chapters 1 T7 and 472, Florida Statutes. Unless it bears
the signature and the original raised seal of a Florida
licensed swvcyor and mapper this drawing, sketch, plat
or map is for infonnational pyrposcs only and is not valid.
~~~~
ARTHUR W. TUCKER, P.L.S. # 4381
Date: z:.,... z...p ~ I
Tinklepaugh Swveying Services, Inc.
379 West Michigan Street
Suite 208
Orlando, Florida 32806
(407) 422-0957
TOI-A37.67
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SURVEYING SERVICES~ INC.
W. Miehigon Street. Suite 208 0 Orl~do, Florido
S~'7i'7'C// OF LJ.ff'SC/?/PT/OJV
NOT ~ SURVEY
PROPOSED WALL EASEMENT
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NORTHERLY RIGHT Of WAY
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BEARINGS BASED ON RIGHT OF WAY PLANS FOR TUSCAWlLLA
".:, THE NORTHEASTERLY RIGHT OF WAY OF TROTWOOD BOULEVARD
~ SOUTH 71"00'30- EAST.
THIS IS NOT A BOUNDARY SURVEY.
THIS SKETCH PREPARED W1lliOUT BENEFIT OF CURRENT
LE DATA AND IS SUBJECT TO EASEMENTS AND MAnERS
RECORD.
379
Il.TTACHMENT .~.
SHEET 2 OF 2
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32806
Tele. No. (407) 422-0957 Fax No. (407) 422-6915
LICENSED BUSINESS No. 3778