HomeMy WebLinkAbout2001 08 13 Consent E Public Improvements and Maintenance Easement and Agreement from Fernando and Wanda Fuentes
COMMISSION AGENDA
ITEM
E
~:ONSENT x
INFORMATIONAL
PUBLIC HEARING
REGULAR
August 13, 2001
Meeting
MGR ~EPT j/f/
Authorization
REQUEST: Public Works Department Requesting Approval of the Public Improvements and
Maintenance Easement and Agreement from Fernando and Wanda Fuentes.
PURPOSE: The purpose of this Board item is to request Approval of the Public Improvements and
Maintenance Easement and Agreement from Fernando and Wanda Fuentes of985
Shetland Avenue for the construction and maintenance of Tuscawilla Lighting and
Beautification District improvements at the northeast corner of Shetland Avenue and
South Citrus Road.
CONSIDERA TIONS:
This public improvements and maintenance easement and agreement is needed for the
construction and maintenance of the entranceway improvements by the Tuscawilla Lighting
and Beautification District on the Fuentes property. The property is located on the northeast
corner of Shetland Avenue and South Citrus Road.
The agreement provides for the construction and maintenance of the proposed
entranceway improvements including walls, signage, landscaping, brick pavers and irrigation.
It also provides for the relocation of the Fuentes driveway at an estimated cost of $14,000.
Costs incurred with the fulfillment of this agreement will be charged to the TLBD.
FUNDING:
Costs associated with the fulfillment of this agreement will be the responsibility of the
TLBD. Excluding legal fees, they are estimated at $14,000 for the driveway relocation, $50
for recordation and $800 for survey and legal description.
8130 I CE.doc
August 13,2001
Consent Agenda Item E
Page 2
RECOMMENDA TION:
It is recommended that approval of the Public Improvements and Maintenance
Easement and Agreement be granted from from Fernando and Wanda Fuentes of985
Shetland Avenue for the construction and maintenance of Tuscawilla Lighting and
Beautification District improvements at the northeast comer of Shetland Avenue and
South Citrus Road.
IMPLEMENTATION SCHEDULE:
All easements needed for the TLBD construction are pending approval except for
Vistawilla Drive which is forthcoming.
ATTACHMENTS:
1. Public Improvements and Maintenance Easement and Agreement
COMMISSION
8130 I CE.doc
~ '.. \
A TT ACHMENT NO. 1
Prepared by and return (0:
City of Winler Springs
1126 East State Road 434
Winler Springs. FL 32708
Ann: George F. Edwards, P.E.
TUSCA WILLA LIGHTING AND BEAUTIFICATION DISTRICT
IMPROVEMENTS AND MAINTENANCE EASEMENT
THIS EASEMENT, made this day of ,2001
by Fernando and Wanda Fuentes having a mailing address of 985 Shetland Ave.
Winter Springs, 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, Fl 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, wall, water features, landscaping, and
utility improvements and other incidental appurtenances and accessories thereto in the
TuscawilIa 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: and
NOW, THEREFORE, in consideration of the enumerated TLBD
purposes stated herein, and mutual covenants. tenns 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,
successors, and assigns, subject to any previous duly recorded easements or grants
of record, TLBD improvements and maintenance easement over. under, and
across the real property described as follows:
C;FE.\Vord.llcautillcat;on Easclllcnt. Shctl;""J 1/2.'iI I 4/00
"
-, ,
A portion of lot 148, Winter Springs Unit 3, as recorded in Plat Book 17, Page 89, Public
Records of Seminole County, Florida, being more particularly described as follows:
Begin at the Southwest comer of aforesaid Lot 148, thence South 84 degrees 48 minutes
16 seconds East along the South Line of said Lot a distance of 18.00 feet; thence
departing from said lot line, North 05 degrees 11 minutes 44 seconds East for 4.50 feet;
thence North 84 degrees 48 minutes 16 seconds West 6.67 feet; thence North 34 degrees
02 minutes 50 seconds West for 17.91 feet; thence South 05 degrees 11 minutes 44
seconds West along the Westerly line of said Lot 148 for 18.37 feet to the POINT OF
BEGINNING.
(Hereinafter the "property") of the nature and character and to the extent hereinafter set
forth ("Easement") and further described in Attachment" A" to this easement.
3) Purpose of Easement. This Easement is granted for the express purpose of
allowing Grantee to use the Property to construct and maintain TLBD
improvements over, under, and across the Property, including, but not limited to,
signage, walls, 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 Property for the purposes stated herein.
4) Ri~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 Property to construct, operate, and maintain TLBD
improvements over, under, and across the Property including, but not limited to,
sign age, walls, water features, landscaping, and utilities and any other incidental
appurtenances and accessories thereto;
b. To prevent any activity on or use of the Property that is inconsistent.with
the purpose of the Easement, and to require the restoration of areas or features of
the 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 Property including, but not limited 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, to protect and preserve the Easement granted hereunder.
GFE.Word.lkaUlilicalio" EasclIlc"!. H/I(,/OO
2
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 TLBD improvements and other incidental
appurtenances and accessory structures referred to herein. Grantor, as fee simple
owner of the Property, hereby agrees to allow Grantee to make application fo'r
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 TLBD
improvements and other incidental appurtenances and accessory structures.
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. 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.
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) Grantors 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 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.
GFE. Word.lkall,ilical;Oll Ea~CllIClll. H/I (,/00
]
c.
Grantor shall pay any and all taxes that are levied on the 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 Property and will defend the
same against lawful claims of all persons whomever.
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 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.
12) 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.
13) 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.
14) Modifications. This Easement shall only be modified by a written
instrument executed by the parties hereto or any successor, assigns heirs, or
representati ves thereto.
15) Grantors Duty of Noninteference. Grantor agrees not to interfere or allo\l{
others to interfere with Grantor'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.
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 property for TLBD improvements described herein, Grantee,
at Grantor's written request, agrees to execute an appropriate written instrument to
terminate this easement.
17) Driveway The parties agree that Grantee shall provide, at the Grantee's sole
expense, a semi-circular driveway constructed in accordance with Attachment
" ll" to th i s Easemen t.
C;I'I,.Wort!.llc:lI11iIlC;llioll EaSCII.CI1I. XII (>I(J(J
4
IN WITNESS WHEREOF, Grantor and Grantee set their respective hands on
the day and year above written.
WITN~
0'if~r.~ r
Print Nam r{:& ~rnf::;(~
\,
by
Print Name
STATE OF FLORIDA
COUNTY OF 3EMfi{OLE Of2A-1U6tE
The foregoing instrument was acknowledged and sworn to before me this .fl /
Day of ~()ILt( ,2001 by FE1?Mf~D+W~A Fu s/is not personally known to
me, or has produced P L IL h~c- as identi ation.
i9"! .,.._~._n ..._ -. ~...,...rr.1I"":""'.::'~~'.... !~
l~ ~ GERALDIN~"....':.,
Notary Public, Slale 01 FI(Jr:f'~
My comm. expires Dec. 7. 20~~
No. CC7955~ 1
. BO'"dI"," ""100 AgO'". " \
..........~.........;I,...lJ"I~~~"'-U:O
CITY OF WINTER SPRINGS (GRANTEE)
WITNESSES
Print Name
By: Ronald W. McLemore
City Manager
Print Name
STATE OF FLORIDA
COUNTY OF SEMINOLE
The foregoing instrument was acknowledged and sworn to before me this _ day of
_,2001 by Ronald W. McLemore, City Manager of the City of Winter Springs
Florida who is/is not personally known to me, or has produced
as identification.
NOTARY PUBLIC
GFE. Woro-llcaulilic:lliOIl t:.a~cIllCIII. 1lI1 (jJoo
5
Sheet 1
See Sketch of Description
Included as Attachment "A"
PROPOSED W ALL EASEID~NT
DESCRIPTION
A portion of Lot 148, Wmter Springs Unit 3, as recorded in Plat Book 17, Page 89, Public Records
of Seminole County, Florida, being more particularly described ;as follows:
Commence at the Southwest corner of the aforesaid Lot 148, thence North 050 II' 44" East along
the Westerly line of said Lot 148 for a distance of25.00 feet to the POINT OF BEGINNING;
thence South 84048' 16" East for a distance of 18.00 feet; thence North 050 11144" East for 4.50
feet; thence North 84048' 16" West 6.67 feet; thence North 34002' 50" West for 17.91 feet; thence
South 050 II' 44" West along the Westerly line of said Lot 148 for 18.37 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 torth in Chapter 61017, FAC., pursuant
to Chapters I Tl and 472, Florida Statutes. Unless it bears
the signature and the original raised seal of a Florida
licensed swveyor and mapper this drawing, sketch, plat
or map is for informati urposes pnly and is not valid.
Tinklepaugh Surveying Services, Inc.
379 West Michigan Street
Suite 208
Orlando, Florida 32806
(407) 422-0957
TOI-A37.148
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LOT 147/
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NOT A SlJR""V
S./l.ETCH OF .lJESC/?/P7YO./V
PROPOSED WALL EASEMENT
1.) BEARINGS BASED ON THE PLAT OF WINTER SPRINGS
UNIT 3, PLAT BOOK 17, PAGE 89, ll-fE EASTERLY RIGHT OF
WAY UNE OF SHETLAND AVENUE BEING NORTH 05""44" EAST.
2.) ll-fIS IS NOT A BOUNDARY SURVEY.
3.) ll-fIS SKETCH PREPARED Wlll-fOUT BENEFlT OF CURRENT
llTLE DATA AND IS SUBJECT TO EASEMENTS AND MATTERS
OF RECORD.
- 35.00' -
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WINTER SPRINGS
UNIT 3
PLAT BOOK 17, PAGE 89
LOT 148
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POINT OF "BEGINNING
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POINT OF' .
OSFOUTHWESf%~~1CREMENT
lOT 148
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N 84-48'16"
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SQUARE fEET --N 4.50'
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AlTACHMENT -.."
SHEET 2 Of" 2
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6RIDlf PATH EASEMENT
-----.3!P2.U)f: WAY U!!E
-------
'Tinklepaugh
SURVEYING SERVICES. INC.
379 W. Michigan Street, Suite 208 D Orlando, Florida 32806
Telc. No. (407) 422-0957 Fax No. (407) 422-6915
LICENSED IJUSINESS No. 3778
'l'us.cawil1a
Lighting and Beautification District
Entryway Improvements
FLARE CRI'IE WAY ENTRY TO la' WlDT,"
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LO- 147
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-APER DRVE TCMATC," EXISTING 1"" WlDT,"
'. h'_n. -_.__ ----.....~.hm_.".... ....
USE ORIGINAL WALL DESIGN PER PL~NS
SCALE I' , 2(';'
-~..__..__..._-~_.__...._.__.w._.________._____.____________.,__
---...---.----- . . --. .-..-------------..-..--.----
..._u_______._...__.. _._.__..._.__.___.____......____._.
... ~ .......... ...-..--..----. "-"..
'.
Attachment B
.
SrI
Proje:::t No. <38@18
2':> Md~ 01
R::'/ 13 JUN (2;1
.....--.-----.----._._...._h n_..___._..._n__.._.._____.__. ....._____._______.......__......_...... .. ....__ .___._ ._.___. .._._._.__
Prcparcd by and rcturn to:
City of Wintcr Springs
1126 East Statc Road 434
Wintcr Springs, FL 32708
Ann: Gcorgc F. Edwards. P.E.
qA'^^- ~; <- 4-
c.:>! }'1~ ( ~ (
~e.~J) ~ c(~01
"
"
~ .~
TUSCA WILLA LIGHTING AND BEAUTIFICA TION DISTRICT
IMPROVEMENTS AND MAINTENANCE EASEMENT
THIS EASEMENT, made this day of. ,2001
by Fernando and Wanda Fuentes having a mailing address of 985 Shetland Ave.
Winter Springs, FL 32708 (hereinafter called "Grantor"), in favor of the CITY OF
WKNTER SPRINGS, FLORIDA, a Florida Municipal Corporation, having a mailing
address of 1126 East State Road 434, Winter Springs, Fl 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, 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: 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,
successors, and assigns, subject to any previous duly recorded easements or grants
of record, TLBD improvements and maintenance easement over, under, and
across the real property described as follows:
GFE-Word-Ucautificatioll Eascmcnl- Shctland 112-9114/00
,"
i
A portion of lot 148, Winter Springs Unit 3, as recorded in Plat Book 17, Page 89, Public
Records of Seminole County, Florida, being more particularly described as follows:
Begin at the Southwest comer of aforesaid Lot 148, thence South 84 degrees 48 minutes
16 seconds East along the South Line of said Lot a distance of 18.00 feet; thence
departing from said lot line, North 05 degrees 11 minutes 44 seconds East for 4.50 feet;
thence North 84 degrees 48 minutes 16 seconds West 6.67 feet; thence North 34 degrees
02 minutes 50 seconds West for 17.91 feet; thence South 05 degrees 11 minutes 44
seconds West along the Westerly line of said Lot 148 for 18.37 feet to the POINT OF
BEGINNING.
(Hereinafter the "property") of the nature and character and to the extent hereinafter set
forth ("Easement") and further described in Attachment" A" to this easement.
3) Purpose of Easement. This Easement is granted for the express purpose of
allowing Grantee to use the Property to construct and maintain TLBD
improvements over, under, and across the Property, including, but not limited to,
signage, walls, 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 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 the Grantee by this easement:
a. To use the Property to construct, operate, and maintain TLBD
improvements over, under, and across the 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 activity on or use of the Property that is inconsistent with
the purpose of the Easement, and to require the restoration of areas or features of
the Property that may be damaged by an inconsistent activity or use;
c. To use this Easement for ingress and egress to the defined TLBD
i m pro vemen ts;
d. To cut, trim, and keep clean such trees, brush, and undergrowth
that might hinder or prohibit the use of the Property including, but not limited 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, to protect and preserve the Easement granted hereunder.
GFE-Word-BcaUlificalion Eascmcnl. 8/16100
2
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 TLBD improvements and other incidental
appurtenances and accessory structures referred to herein. Grantor, as fee simple
owner of the 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.
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.
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. 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.
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) Grantors 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 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.
GFE- Word-Bcautification Eascmcnt. 8116100
3
c.
Grantor shall pay any and all taxes that are levied on the 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 Property and will defend the
same against lawful claims of all persons whomever.
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 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 injuncti ve 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 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.
13) Sovereign Immunity. Nothing contained in this Easement shall be
construed as a waiver of the Grantee's right to sovere.ign 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 successor, assigns heirs, or
representatives thereto.
15) Grantors Duty of Noninteference. Grantor agrees not to interfere or allow
others to interfere with Grantor'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.
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 property for TLBD improvements described herein, Grantee,
at Grantor's written request, agrees to execute an appropriate written instrument to
terminate this easement.
17) Driveway The parties agree that Grantee shall provide, at the Grantee's sole
expense, a semi-circular driveway constructed in accordance with Attachment
"B" to this Easement.
GFE-Word-Bcautificalion Eascmenl. 8116/00
4
.r
IN WITNESS WHEREOF, Grantor and Grantee set their respective hands on
the day and year above written.
by
Print Name
STATE OF FLORIDA
COUNTY OF SEMll'JOLE of2..ft/C(],r;-
~!~regOing instrumf!l'~lw,aaf. aCkn~dJlli! and sworn to before me this ,})/
Day of , 2001 byfJ1]jVftlif))f(JJffIJ!Yl 'll!f:I-'who is/is not personally known to
me, or h~"~".~.:.~~,, b,rJ' ~7ati~:i' ,
l1 Gen"LL!,,",. ...., ,,' ~
Nolary Putllic, S;2hc '~, Fir;r:C:G .] \ l.lW/I-
My comm expire~_O".~:. ?.,~~~21 NOT AR Y PUBLIC-ERA'l N ,,'
~'>J. Gel,:,:,:,.:.1 .." , I E H. IN(~
Bondc~ :hru ,i1.,shi0r! ;j.g?rlCY, 1.-;: : .
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WITNESSES
CITY OF WINTER SPRINGS (GRANTEE)
,./) /)
/( t7J/~JJ [L). '7 ).!}~..-.: '.
~-------
e By: Ronald W. McLemore
City Manager
STATE OF FLORIDA
COUNTY OF SEMINOLE
ThG foregoing instrument was acknowledged and sworn to before me this ctf'ctay of
~ 20~.J..-by Ronald W. McLemore, City Manager of the City of Winter Springs
'/'Florida ~iS not personally known to me, or has produced
as identification. ~ L
Llv~/
. NpTARY PUBLIC
GFE-Word-Ucautificatiol1 EascIllCl1t.1:lI16/00
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.,~. 'foNQBEA.LORENZO-LUACES
. " ~ MY ct:>"1~!SIlION if CC 631931
',' '.\'.J?<P!~eS:-May 9, 2003
i:OO~~ARV AI> NOtatySetVice & BondIng Co.
"
Sheet 1
See Sketch of Description
Included as Attachment "A"
PROPOSED WALL EASEMENT
DESCRIPTION
A portion of Lot 148, Wmter Springs Unit 3, as recorded in Plat Book 17, Page 89, Public Records
of Seminole County, Florida, being more particularly described as follows:
Commence at the Southwest corner of the aforesaid Lot 148, thence North 050 II' 44" East along
the Westerly line of said Lot 148 for a distance of25.00 feet to the POINT OF BEGINNING;
thence South 84048' 16" East for a distance of 18.00 feet; thence North 050 II' 44" East for 4.50
feet; thence North 84048' 16" West 6.67 feet; thence North 34002' 50" West for 17.91 feet; thence
South 050 II' 44" West along the Westerly line of said Lot 148 for 18.37 feet to the POINT OF
BEGINNING.
Prepared by:
Tinklepaugh Surveying Services, Inc.
379 West Michigan Street
Suite 208
Orlando, Florida 32806
(407) 422-0957
TOI-A37.148
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NOT A SURVf:Y
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ATTACHMENT "A"
SHEET 2 OF 2
PROPOSED WALL EASEMENT
1.) BEARINGS BASED ON THE PLAT OF WINTER SPRINGS
UNIT 3, PLAT BOOK 17, PAGE 89, THE EASTERLY RIGHT OF
WAY LINE OF SHETLAND AVENUE BEING NORTH Ob.1" 44" EAST.
2.) THIS IS NOT A BOUNDARY SURVEY.
3.) THIS SKETCH PREPARED WITHOUT BENEFIT OF CURRENT
TITLE DATA AND IS SUBJECT TO EASEMENTS AND MATTERS
OF RECORD.
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UNIT 3
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SURVEYING SERVICES, INC.
379 W. Michigan Street, Suite 208 0 Orlondo, Florida 32806
Tele. No. (407) 422-0957 Fax No. (407) 422-6915
LXCENSED BUSINESS No. 3778
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` , MARYAt+{~ MORSE, CLERK OF CIRCUIT COURT
SEMINOLE COUNTY
• BK 04152 PG 1004
CLERK'S ~ 2001737488
Prepared by and return to: kECOkDED 08/2CI2001 02:59:12 PM
Ciry of winter Springs DEED DOC TAX 4.70
~ 126 East state Rona 434 kECOkDING FEES 42.00
Winter Springs, EZ 32708
Attn: George F. Edwards, P.E. RECOkDED RY L Mt:Kinley
TUSCAWILLA LIGHTING AND BEAUTIFICATION DISTRICT
IMPROVEMENTS AND MAINTENANCE EASEMENT
THIS EASEMENT, made this ~,~ ~ day of ~ ,2001
by Fernando and Wanda Fuentes having a mailing address of 985 hetland Ave.
Winter Snrin~s, 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, F132708 (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, 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: 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,
successors, and assigns, subject to any previous duly recorded easements or grants
of record, TLBD improvements and: maintenance easement over, under, and
across the real property described as follows:
GEE-Word-Beautification Easement- Shetland #2-9/14/00
A portion of lot 148, Winter Springs Unit 3, as recorded in Plat Book 17, Page 89, Public
Records of Seminole County, Florida, being more particularly described as follows:
Begin at the Southwest corner of aforesaid Lot 148, thence South 84 degrees 48 minutes
16 seconds East along the South Line of said Lot a distance of 18.00 feet; thence
departing from said lot line, North OS degrees 11 minutes 44 seconds East for 4.50 feet;
thence North 84 degrees 48 minutes 16 seconds West 6.67 feet; thence North 34 degrees
02 minutes 50 seconds West for 17.91 feet; thence South OS degrees 11 minutes 44
seconds West along the Westerly line of said Lot 148 for 18.37 feet to the POINT OF
BEGINNING.
(Hereinafter the "property") of the nature and character and to the extent hereinafter set
forth ("Easement") and further described in Attachment "A" to this easement.
3) Purpose of Easement. This Easement is granted for the express purpose of
allowing Grantee to use the Property to construct and maintain TLBD
improvements over, under, and across. the Property, including, but not limited to,
signage, walls, 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 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 the Grantee by this easement:
a. To use the Property to construct, operate, and maintain TLBD
improvements over, under, and across the 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 activity on or use of the Property that is inconsistent with
the purpose of the Easement, and to require the restoration of areas or features of
the 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 Property including, but not imited 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, to protect and preserve the Easement granted hereunder.
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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 TLBD improvements and other incidental
appurtenances and accessory structures referred to herein. Grantor, as fee simple
owner of the 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.
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.
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. 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.
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) Grantors Representations and Warranties. Grantor hereby agrees and o .~
makes the following representations and warranties to Grantee: ~ r
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a. Grantor is lawfully seized of said Property in fee simple and has ~ c
full and lawful authority to execute this Easement, convey the ~
Easement to Grantee, and bind the Property as set forth herein.. o
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b. The Property is free of any and all encumbrances, except zoning N
restrictions and prohibitions and other requirements imposed by ~
government authority and other encumbrances which are recorded ~
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in the public records of Seminole County, Florida. ~ o~
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GEE-Word-Beautification Easement, 8/IW00 3
c. Grantor shall pay any and all taxes that are levied on the 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 Property and will defend the
same against lawful claims of all persons whomever.
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 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.
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) 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.
14) Modifications. This Easement shall only be modified by a written
instrument executed by the parties hereto or any successor, assigns heirs, or
representatives thereto.
15) Grantors Duty of Nonnteference. Grantor agrees not to interfere or allow
others to interfere with Grantor'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.
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 property for TLBD improvements described herein, Grantee,
at Grantor's written request, agrees to execute an appropriate written instrument to
terminate this easement.
17) Driveway The parties agree that Grantee shall provide, at the Grantee's sole
expense, asemi-circular driveway constructed in accordance with Attachment
"B" to this Easement.
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GFE-Word-Beautification Easement, SI16/00 4 V
.T .:, ,..mss.. '-%'~. '.Fr'E.. ...~.,... _. :...:;. ...
lIN WITNESS WIiEREOF, Grantor and Grantee set their respective hands on
the day and year above written.
RANTOR)
RANTOR)
W T ~ c;
Print Name by
Print Name
STATE OF FLORIDA
COUNTY OF&B]01~I4K~G+5
The foregoing instrument was acknowledged and sworn to before me this ~ ~
Day of , 2001 by iNed~ -+-W~(d~4- tb is/is not personally known to
me, or has produced .,..~ ° identifi on.
~~~-~T
s
GERALDiNE FI. `.:"~ `:~
Notary Public, State of Flora NOTARY PUBLIC ~ Gi
My comm. expires Dec. 7, 2002
No. CC795531 ~ ~:~~~•
Bonded !hru Ashton Agency, Icc. ~;: '
...fax. jy
STATE OF FLORIDA
COUNTY OF SEMINOLE
iWl~~7
CITY OF WINTER SPRIi\lR'A ~ EE)' ~, T~,~~',
,~ ~ '~ ~ ,
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l° B Ronald McLdm~~. ~` ~ ~ ;°
City Manager {. ~~, ~ ' ~~'~ ~~ '~ ~~~`` ~~
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The regoing instrument was acknowledl
00 Ronald W. McLemore, Ci
orida o i snot personally known to
as identification.
y
GFE-Word-Beautification Easement, 8fIG/00
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. anti ~rr~ to before me this ~ ~ ~ day of
~: ~ .
anager of the City of Winter Springs
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WITNESSES
Sheet 1
See Sketch of Description
Included as Attachment "A"
PROPOSED WALL EASEMENT
DESCRIPTION
A portion ofLot 148, Wnrter Springs Unit 3, as recorded in Plat Book 17, Page 89, Public.Records
of Seminole County, Florida, being more particularly described as follows:
Commence at the Southwest corner of the aforesaid Lot 148, thence North OS ° 11' 44" East along
the Westerly line of said Lot 148 for a distance of 25.00 feet to the POINT OF BEGINNING;
thence South 84°48' 16" East for a distance of 18.00 feet; thence North OS° 11' 44" East for 4.50
feet; thence North 84°48' 16" West 6.67 feet; thence North 34°02' S0" West for 17.91 feet; thence
South 05 ° 11' 44" West along the Westerly line of said Lot 148 for 18.37 feet to the POINT OF
BEGINNING.
Prepared by:
Tinklepaugh Surveying Services, Inc.
379 West Nf~chigan Street
Suite 208
Orlando, Florida 32806
(407)422-0957
TO1-A37.148
This description and the aoecmpanying sketch or
skctches has been prepared in accordance with the
Standards set forth in Chaptex 61 G17, F.AC., pursuant O
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to Chapters 177 and 472, Fkxida Statutes. Unless it bears ~J
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the signature and the nu raised seal of a Florida m ~
lics~nsed surveyor and this drawingrs sketch, plat o z
ar map is far informedi ` pnl}~ and is not valid ~ ~
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AS1Y~'TCfI OF .I~~',~5'CRIPTION
NOT A SURVEY
PROPOSED WALL EASEMENT
1.) BEARINGS BASED ON THE PLAT OF WINTER SPRINGS
UNIT 3, PLAT BOOK 17, PAGE 89, THE EASTERLY RIGHT OF
WAY LINE OF SHETLAND AVENUE BEING NORTH 05'11'44" EAST.
2.) THIS IS NOT A BOUNDARY SURVEY.
3. THIS SKETCH PREPARED WITHOUT BENEFlT OF CURRENT
TITLE DATA AND IS SUBJECT TO EASEMENTS AND MATTERS
OF RECORD.
ATTACHMENT 'A"
SHEET 2 OF 2
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LOT 147 I
WINTER SPRINGS
UNIT 3
~ ~ PLAT BOOK 17, PAGE 89
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SURVEYING SERVICES, INC.
379 W. Michigan Street, Suite 208 n Orlando, Florida 32806
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