HomeMy WebLinkAbout2001 12 10 Consent D Public Improvements and Maintenance Easement and Agreement
\
COMMISSION' AGENDA
. ITEM D
CONSENT X
INFORMATIONAL
PUBLIC HEARING
REGULAR
December 10,2001
Meeting
MGR l'----16{PT jlY'
Authorization
. REQUEST: Public Works Department Requesting Approval of the Public Improvements and
Maintenance Easement and Agreement from the Chestnut Estates Homeowners
Association.
PURPOSE: The purpose of this Board item is to request Approval of the Public Improvements and
Maintenance Easement and Agreement from the Chestnut Estates Homeowners
Association, 102 Black Cherry Court, Winter Springs, FL. for the construction and
maintenance ofTuscawilla Lighting and Beautification District improvements at the
Northwest corner of the Seneca Blvd./Winter Springs Blvd. intersection.
CONSIDERA TIONS:
The Tuscawilla Lighting and Beautification District need this public improvements and
maintenance easement and agreement for the construction and maintenance of the entranceway
improvements on the Association's property. The property is located on the Northwest corner
of the Seneca Blvd./Winter Springs Blvd. intersection.
The agreement provides for the construction and maintenance of the proposed
entranceway improvements including walls, signage, landscaping, brick pavers and irrigation.
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 $50for recordation and $2,100 for survey
and legal description.
12100 I Consent D - TLBD Easement Chestnut Estates
December 10, 2001
Consent Agenda Item D
Page 2
RECOMMENDATION:
It is recommended that approval of the Public Improvements and Maintenance
Easement and Agreement be granted from the Chestnut Estates Homeowners
Association for the construction and maintenance of Tuscawilla Lighting and
Beautification District improvements at the Northwest comer of the Seneca
Blvd./Winter Springs Blvd. intersection
IMPLEMENTATION SCHEDULE:
If approved, the easement will be executed and recorded. This is the last remaining
easement to be procured for TLBD construction.
ATTACHMENTS:
1. Public Improvements and Maintenance Easement and Agreement
COMMISSION
[2 [00 [ Conscnt D - TLBD Eascmcnt Chcstnut Estatcs
A TT ACHMENT NO. 1
Prepared by and return to:
City of Winter Springs
1126 East State Road 434
Winter Springs, FL 32708
Ann: City Manager
TUSCA WILLA LIGHTING AND BEAUTIFICATION DISTRICT
IMPROVEMENTS AND MAINTENANCE EASEMENT
THIS EASEMENT, made this day of ,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, FI 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, 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",
ClFE- Wor(] -lleautilie:llion Chestnul ESI:lles Easelllenl-IIII2IO I
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;
c. 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
pennits 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 pennits and also agrees to join in any said pennit (as signatory or otherwise)
when required by any pennitting agency for issuance of the pennit.
Notwithstanding, Grantee shall be solely responsible and liable for complying
with any local, state, or federal pennit requirements, obligations, and duties (if
any) related lo the construction, operation, and mainlenance of the TLBD
i mprovemenls and other incidental appurtenances and accessory slruclures.
(I FE. Word-lk"ulili(;llioll E"S"l'''"l, 4/17/0 I
2
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) 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.
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 representati ves, 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.
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.Wor(/.lkaUlilicalion Ease"'ent. 4117/01
1
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 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.
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 Dutv of Noninteference. Grantor agrees not to interfere or allow
others to interrere 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.
(iFE. Word.IlC:luliticatioll E:ISCIIICllt. 4/1 7/() I
4
IN WITNESS WHEREOF, Grantor and Grantee set their respective hands on
the day and year above written.
GRANTOR
THE CHESTNUT EST A TES
HOMEOWNERS ASSOCIATION, Inc.
By
WITNESSES:
Robert Olson, President
Print Name
by
Print Name
STATE OF FLORIDA
COUNTY OF SEMINOLE
The foregoing instrument was acknowledged and sworn to before me this
Day of ,2001 by who is/is not personally known to
me, or has produced as identification.
NOTARY PUBLIC
GRANTEE
CITY OF WINTER SPRINGS
WITNESSES:
By: Ronald W. McLemore
Ci ty 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
(,I'E,WlIf(j.lkaUliliclIiUlI EaSCll1Cnl. 4117/01
5
EXHIBIT "A"
SHEET 1 OF 2
DESCRIPTION:
A portion oflot 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 comer of said Lot 32, said comer being on the North Right of Way line of
Winter Springs Boulevard; thence run North 890 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 00004' 00" East for a distance of7.75 feet; thence South 890 56' 00" East for a
distance of77.50 feet; thence North 450 04' 00" East for a distance of34.15 feet; thence North
000 04' 00" East for a distance of6.35 feet; thence South 890 56' 00" East for a distance of7.75
feet to the East line of said Lot 32 and West Right of Way line of Seneca Boulevard; thence
South 000 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 of25.00 feet; thence run
Southwesterly along the arc of said curve through a central angle of900 00' 00" for a distance of
39.27 feet to the POINT OF BEGINNlNG.
TOI-E45
S/i'"E'FCH OF LJE'SCR/PF/O.IV 'ATTACHIJ(NT -A-
NOT A SURVEY
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OR~NAG< EASE"ru, ll-''' EASEMENT : ') _ b ~
LOT 3 J' 8. (SHADED AREA)", v.':: ':;;' ~ ~ I ~
z \ S 89056'00" E n..~ ,~, ':: n s:> b~
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1 84.40' PT
I N 89056'00" W
POINT OF BEGINNING
SE CORNER Of' LOT I
32. CHESTNUT ESTATES -L
PHASE TWO
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lr/HrER SPR/HCS
BOl/.zEf/AH.D
120' RIGHT OF WAY
Lor 33
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SURVEYOR'S NOTES:
1.) THIS IS NOT A BOUNDARY SURVEY.
2.) BEARINGS 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
BENE~T OF CURRENT TITLE DATA AND
IS SUBJEC T TO EASEMEN TS AND MA HERS
OF f~Ecorw,
4,) R/W LINES BASED ON r<EcovU~ED cor~N[f~S
EXHIBIT "A"
Lor 32
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Tinklepaugh
SURVEYING SERVICES. INC.
J 79 W, Michigan Street. Suite 208. Orlando, Florida J 2806
Telc, No, (407) 422-0057 Fox No, (407) 422-6015
LICENSED [JUSIN8SS No, 3770
orWEll NO,rOI[:<15 FilE Ox 716<1
111111111111111 II 1111111111111111111111111111111111111111111
"
MARYANNE MORSE, CLERK OF CIRCUIT COURT
SEMINOLE COUNTY
BK 04241 PG 0332
CLERK'S # 2001790412
RECORDED 12/18/2001 08.55.1+3 AM
DEED DOC TAX 0.10
RECORDING FEES 33.00
RECORDED BY L McKinley
Prepared by and relum to:
QjCity of Winter Springs
r. I 126 East State Road 434
~ Winter Springs. FL 32708
Alln; City Manager
TUSCA WILLA LIGHTING AND BEAUTIFICATION DISTRICT
IMPROVEMENTS AND MAINTENANCE EASEMENT
THIS EASEMENT, made this ( (1:!1- day of ~C'A8...q~~ ,2001
by THE CHESTNUT EST A TES HOMEOWNERS ASSOCIATION, INC., a Florida
Not-for-Profit Corporation having a mailing address of 102 Black Cherry Court, Winter
Springs, FI 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, 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",
Gf'E- Word-Ileautilication Chestnut Estates Easement-I 1112/01
, .
"
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;
c. 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 l,iable 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 appUl1enances and accessory structures,
GFE.Word-llcaulitication Eascmcnt, 4/17/01
2
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:
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.
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-Ileauliliealioll Easement. 4117/01
3
FILE NUM 2001790412
OR BOOK 04241 PAGE 0335
11) 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.
12) Entire Aereement. 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) Sovereien 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.
14) Modifications. This Easement shall only be modified by a written
instrument executed by the parties hereto or any successor, assigns heirs, or
represen tati ves thereto;
15) Grantors Dutv 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, elTors, or omissions, intentional or otherwise, resulting from this Easement and
Agreement.
GFE. Word-lkaUlilicalioll Eascmcnt. 4/17/0 r
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 wlitten.
GRANTOR
THE CHESTNUT EST A TES
HO ~ OWNERS ASSOCIATION, Inc.
4:
Robert Olson, President
{2tL0 /
STATE OF FLORIDA fJ/li w:.ii.\
COUNTY OF SEMINOLE r11 (, (: ,-,' PtL
by
Print Name
12 e c., Tg~.foregoing instrument was acknowledged ~nd s~orn to before me this 9/-/,
Day of L/ r_" , 2001 by /1/ Ur"Ic.'1' rftl c..,l~.,-1 ~ho ishs not personally known to
me, or has produced j= I eJr; c/ c.. "IJ,,-I v{,-.!' C <''<tS ~dentification.
':>.!I~d~,,~~~#~...~
~CW.t~ '
N~ary Pul:tllc - ArIzom
Maricopa County
My CommIssIon ExpIres
8,2005
75qn~~tp- vb-
NOTARY P C
GRANTEE
CITY OF WINTER SPRINGS
/d11./Ai 4/ '.~/:,v~ ..-:'
I
By: Ronald W. McLemore
City Manager
STATE OF FLORIDA
COUNTY OF SEMfNOLE ' tJ
~e./oregOing instrument was acknowledged and sworn to before me this LL day of
, 2001).{' Ronald W. McLemore, City Manager of the City of Winter Springs
Florida wh~is not personally known to me, or has produced
as identification.
~~~~
NOTARY PUBUC
GFE.Word-llcaulificalion Eascmcnt, 4117/0 I
:)
.'e) Mary Anne Willett
*.*Mv Commission CC8935W
\;""~ ExpIres January 14, 2004
FILE NUM 2001790412
OR BOOK 04241 PAGE 0337
Sheet]
EXHIBIT "A"
DESCRIPTION:
A portion oflot 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 890 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 00004' 00" East for a distance of7.75 feet; thence South 890 56' 00" East for a
distance of 77.50 feet; thence North 450 04' 00" East for a distance of 34.] 5 feet; thence North
000 04' 00" East for a distance of6.35 feet; thence South 890 56' 00" East for a distance of7.75
feet to the East line of said Lot 32 and West Right of Way line of Seneca Boulevard; thence
South 000 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 of25.00 feet; thence run
Southwesterly along the arc of said curve through a central angle of 90 0 00' 00" for a distance of
39.27 feet to the POINT OF BEGINNING.
Prepared by:
Tinklepaugh Sw-veying Services, Inc.
379 West Michigan Street
Suite 208
Orlando, Florida 32806
(407) 422-0957
This description and the accompanying sketch or
sketches has been prepared in accordance with the
Standards set forth in Chapter 61 G 17, FAC., pursuant
10 Chapters 177 and 472, Florida Statutes. Unless it
bears the signature and the original raised seal of a
Florida licensed sw-veyor and mapper this drawing,
sketch, plat or map is for informational purposes only
and is not valid. ~? ~/ /~____ ./
?-cu:'~ A,/, ~/'----
ARTHUR W, TUCKER P.LS # 4381
Date: /.2 -.( - tJ I
TOI-E45
SKETCH OF jJESC./?/PF/O.IV ATTACHMENT "A"
NOT A SURVEY
Lor 32
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w 1- 30'
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o PLA TTED lX) I \::)
Pin LANDSCAPE, WALL , en == ~
10' PLAffiO ~ ": AND SIGNAGE '.::'
DR"NAGE EASE"EN' 1 b" EASEMENT 1<, - b ~
Lor /I f ~ (SHADED AREA)". 'Y" ~ ~ I ~
PLANTING AND SCREENING Z \ S 89"56'00" E .~ N~ ~ g ~
EASEIAENT __~====t==_==tj--77.-5(Y--_-~/~~ C ~ t'3
RIGHT OF WAY UNE ,,---t-
---1- I I N
~OT .1.1
CHESTlVl/r ESTATES;
PHASE T/rO
PoD. -III. PACE 92
PAHCE~ 2
SElVECA BElVLJ
PoD. 50, Pc. f
I
1
L__
b
co
J
--1---
POINT OF BEGINNING
SE CORNER OF LOT
32. CHESTNUT ESTA TES
PHASE TWO
b
to
I
_--L_
L_
<i -
ff/JVrER SFR/JVCS
DO l/ Lf f/AR./J
120' RIGHT OF WAY
L
R
6-
PC
PT
P.B,
PG.
LEGEND
ARC LENGTH
RADIUS
DELTA
POINT OF CURVATURE
POINT OF TANGENCY
PLA T BOOK
PAGE
6. - 90"00'00.
CURVE C1 = R - 25.00'
L - 39.27'
~:;~vE.YOR'S NOTES:
) THIS IS NOT A BOUNDARY SURVEY.
J) BEARfNGS BASED ON THE PLAT OF
,~NECA BEND, THE EASTERLY RIGHT OF WAY
= OF SENECA BLVD. BEING N 00' 04' 00" E,
7,) THIS SURVEY PREPARED WITHOUT
Nun OF CURRENT TITLE DATA AND
~ SUBJECT TO EASEMENTS AND MATTERS
:- RECORD.
~.) R/W LINES BASED ON RECOVERED CORNERS
Tinklepaugh
SURVEYING SERVICES, INC,
379 W, Michigan Street. Suite 208 a Orlando, Florida
Tele. No, (407) 422-0957 Fax No, (407) 422-6915
LICENSED BUSINESS No. 3778
ORDER NO. T01 E45 FILE BX 7164
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32806 i
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......,.,.,.::,:...;:,""~'::,.:.
MARYANNE MORSE
CLERK Or COUR1, SEMINOLE COUN1Y
301 NURiH PA~K AVE
SANrORD, FL 32771
407-66S-4411
DATE: 12/18/2001
TIMf:08:SS:39 AM
RECEIPT:3i20b
WINrfR SPRINGS, Clrv OF
CODE: - 112
ITEM -01 E 08:5S:43 AM
FIlE:2001790412 BK/PG:4241/0332
RECORDING FEE 33.00
DEED DOC TAX 0.70
cop ItS 7.00
CERTIFICATION 1.00
Sub. Total 41.70
------------------------
.:;' .:....
Ai~OUNT DUE:
PAID CASH:
CHARGE AMOUNT:
CASH RE TURNED:
TOTAL PAID:
$41.70
$1.00
$41. 00
$.30
$41. 70
REF n: WINTER SPRINGS EASEN
I Ag.ree To PaYdfhe' Chat.g-e' Aoove'
Signatlrre
RfC BY:LMCKINLfY
DEPUTY CLERK
Have a Nice Day