HomeMy WebLinkAboutChestnut Estates Homeowners Association-TLBD Easement Improvements- 2001 12 11IIIIIIIIIIII111a111ilIIIIIIIIMIII~111IINI1IIIIIIIIIIINI
Prepared by and return to:
City of Winter Springs
l 12G East State Road 434
~(1~' inter Springs, FL 32708
Attn: City Manager
MARYAI~IE MORE, CLERK OF CIACIIIt COURt
9EMINOLE COUNtY
BK 04241 PG 0332
CLERK'S # 2001790412
RECORDED 12/18/2001 08~55t~3 AM
DEED DOC TAX 0.70
RECORDING FEES 33.00
RECORDED BY L McKinley
TUSCAWILLA LIGHTING AND BEAUTIFICATION DISTRICT
IMPROVEMENTS AND MAINTENANCE EASEMENT
THIS EASEMENT, made this ~l "~ day of i~r+s/-~.-~R~~_, 2001
by THE CHESTNUT ESTATES HOMEOWNERS ASSOCIATION, INC., a Florida
Not-for-Profit Corporation having a mailing address of 102 Black Cherry Court, Winter
Springs, F132708 (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 32'i08 (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,
and its 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 depicted on EXHIBIT "A",
G1=E-Word-Beautification Chestnut Estates Easement-I (/12/01
FILE NUM 2001790412
OR BOOK 04241 PAGE 0333
Which is attached hereto and incorporated herein by this reference (hereinafter the
"Property") of the nature and character and to the extent hereinafter set forth.
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;
To use this Easement for ingress and egress to the defined TLBD
>improvements;
d. To cut, trim, and keep clear 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.
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.
GFE-Word-Beautification Easement, 4/17/01
FILE NUM 2001790412
OR BOOK 04241 PAGE 0334
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:
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.
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. If said public improvements are assessed taxes, the
Grantee will be responsible for the payment of taxes attributed
specifically to the public improvements.
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.
GFE-Word-13eautification Easement, 4/17/01
FILE NUM 2001790412
OR BOOK 04241 PAGE 0335
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
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. Upon termination of the Easement by the Grantee,
Grantee, upon request of the Grantor, will remove the TLBD improvements and
restore the Property to its original condition, less reasonable wear and tear.
17) Reciprocal Indemnification. To the extent permitted by law, each party hereto
agrees to indemnify and hold harmless the other party hereto and the other party's
employees and officers from and against all claims, losses, damages, personal injuries
(including but not limited to death), of liability (including reasonable attorney's fees
through all appeals), directly or indirectly arising from, or out of the indemnifying party's
acts, errors, or omissions, intentional or otherwise, resulting from this Easement and
Agreement.
GAB-Word-13cau[itication Easement. 4/17/01 4
FILE NUM 2001790412
OR BOOK 04241 PAGE 0336
IN WITNESS WHEREOF, Grantor and Grantee set their respective hands on
the day and year above written.
GRANTOR
I
Print Name ~ ~
~itA
THE CHESTNUT ESTATES
HO OWNERS ASSOCIATION, Inc.
Robert Olson, President
by
Print Name
STATE OF F~A~~ ~ ~ i Zr ~ ~ '~
COUNTY OF SF;114~#9~ /'~ ~ r; L ~~ PAL
,~ The foregoing instrument was acknowledged and sworn to before me this
llay of y~f~ , 2001 by /l/~.,c~ . T_Jrl ~2i ~'~Gho is/is not personally known to
me, or has produced /`"/ d•^i ri G b /'/y~r,f '~ ` `~ 5dentification.
GRANTEE
r
WITN SES
:,
/`' ~ ~~
Print ame~~~1~'" ~ ~c~~c~s
STATE OF FLORIDA
COUNTY OF SEMINOLE
The foregoing Instrument was acknowledged and sworn to before me this ~ day of
~, 2001 Ronald W. McLemore, City Manager of the City of Winter Springs
Florida wh i is not personally known to me, or has produced
as identifica Ion.
~~~~~
NOTARY PUBLIC
~'~° ~~ NO RY P C
Nt~r PNDIiC - Nrtza~
~ ~Y
INy CamrrYeelon Expk~s
8, 2006
CITY~OF WINTER SI~RINGS
By: Ronald W. Mci more -_
City Manager
'~
' ~ -~
.-`'~"'"w, ~~Y/lnne Willett
**MY Cammisdoe CJ
GFE-Ward-Beautification Easement, 4/17/01 5 ~wn~ ~~ J8~11~ 14,1004
FILE NUM 2001790412
OR BOOK 04241 PAGE 0337
Sheet 1
EXHIBIT "A"
DESCRIPTION:
A portion of lot 32, Chestnut Estates, Phase Two , as recorded in Plat Book 48, Pages 89-92,
Public Records of Seminole County, Florida, being more particularly described as follows:
Begin at the Southeast corner of said Lot 32, said corner being on the North Right of Way line of
Winter Springs Boulevard; thence run North 89° 56' 00" West along said Right of Way line and
south line of said Lot 32 for a distance of 84.40 feet; thence departing said Right of Way line and
lot line, North 00° 04' 00" East for a distance of 7.75 feet; thence South 89° 56' 00" East for a
distance of 77.50 feet; thence North 45 ° 04' 00" East for a distance of 34.15 feet; thence North
00° 04' 00" East for a distance of 6.35 feet; thence South 89° 56' 00" East for a distance of 7.75
feet to the East line of said Lot 32 and West Right of Way line of Seneca Boulevard; thence
South 00° 04' 00" West along said lot line and Right of Way line for a distance of 13.25 feet to a
point on a curve, concave Northwesterly and having a radius of 25.00 feet; thence run
Southwesterly along the arc of said curve through a central angle of 90° 00' 00" for a distance of
39.27 feet to the POINT OF BEGINNING.
Prepared by:
Tinklepaugh Surveying Services, Inc.
379 West Michigan Street
Suite 208
Orlando, Florida 32806
(407)422-0957
TO1-E45
This description and the accompanying sketch or
sketches has been prepared in accordance with the
Standards set forth in Chapter 61 G17, F.A.C., pursuant
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~~~l~~
ARTHUR W. TUCKER P.L.S # 4381
Date: /,2 - ? - ~ /
. , ' • • ,~S'1Y~'TCII OF I~~',SCI~IPTI01l~ ATTACHMENT "A"
NOT A SURVEY
LOT 3,2
LOT 33
CflE'.STNIlT E'.ST.dTE'S,
PBASE' TA'O
P.B. ~B, PAGE' 9,2
~,
I~ I
la I
I; I
I~r I
~ i~
I< I
I~ I
I c~ I
IZ I
IF
tJ.l ~x I
IW I
I
:~ M ~I
I I
O~
W LOT 3,2 ~ I I
Z
p PLATTED I I
~ ~ LANDSCAPE, WALL I
~o' PLATTED `t ^ AND SIGNAGE I
DRAINAGE EASEMENT ~ I~ EASEMENT I t
LOT 31 ~ (SHADED AREA)
p~' +'. .
PLANTING AND SCREENING Z \ S 89~56~00" E~{~~v
EASEMENT '~ --77.50,__-~c{f"~~~
RIGHT OF WAY LINE ~
T~ ~~
0
--
84.40'
N 89'56'00" W
POINT OF BEGINNING
SE CORNER OF LOT
32, CHESTNUT ESTATES
PHASE TWO -
L E G E N D
L ARC LENGTH
R RADIUS
~ DELTA
PC POINT OF CURVATURE
PT POINT OF TANGENCY
P.B. PLAT BOOK
PG. PAGE
PT
z
r
0' 30' '~
3 ~ I
I ~
I
30' ~-
w !-- 30'
3
r I
~ I~
D_
~ n
~n
~, 3 I
~ V
in O
N ~ ,W
trj O ''~~
~o~w
N I
I
t
-~-
PARCEL .2
,SENE'C.l BEND
P.B. 50, PG. >
i
-- --~--
0
co
/ I l
- -~- - - 1
~'INT~'R ,SfRING~S''
BOUL~'y~Rl~
120' RIGHT OF WAY
SURVEYOR'S NOTES:
1.) THIS IS NOT A BOUNDARY SURVEY.
2.) BEARfNGS BASED ON THE PLAT OF
SENECA BEND, THE EASTERLY RIGHT OF WAY
LINE OF SENECA BLVD. BEING N 00' 04' 00" E.
3.) THIS SURVEY PREPARED WITHOUT
BENEFIT OF CURRENT TITLE DATA AND
IS SUBJECT TO EASEMENTS AND MATTERS
OF RECORD.
4.) R/W LINES BASED ON RECOVERED CORNERS
O ~ 9000'00"
CURVE C1 R ~ 25.00'
L ~ 39.27'
Tinklepaugh
SURVEYING SERVICES, INC.
379 W. Michigan Street, Suite 208 ~ Orlando, Florida 32806
Tele. No. (407) 422-0957 Fax No. (407) 422-6915
LICENSED BUSINESS No. 3778
ORDER NO.T01E45 FILE BX 7164
O
m
O
O
O
N
-.-
,-