HomeMy WebLinkAboutDoss, Thomas E. III and Doss, Janice M.-TLBD Easement Maintenance 2001 06 01
Prepared by and return to:
City of Winter Springs
1126 East State Road 434
Winter Springs. FL 32708
Alln: City Manager
TUSCA WILLA LIGHTING AND BEAUTIFICATION DISTRICT
IMPROVEMENTS AND MAINTENANCE EASEMENT
THIS EASEMENT,niade this \ "$t day of.Ju.ue. ,2001
by Thomas E. Doss III and .Janice M. Doss, husband and WI e, having a mailIng
address of 701 Svbilwood Circle Winter SpriOi~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, 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 qther incidental appurtenances ~nd accessori~s 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 anyfocal;.state; orfederal.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. or 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:
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:
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GFE- Word-Beautification Easernent-Trotwood #2-412101
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Begin at the Southwest corner of Lot 34, according to the Plat of Tuscawilla Unit
6, Plat Book 23, Page 25: thence N 23 degrees, 14 minutes, 59 seconds E along
the Easterly Right of Way line of Tuscawilla Road for a distance of 130.00 feet to
the point of curvature of a curve concave southeasterly, having a radius of 25.00
feet; thence along the arc of said curve through a central angle of 85 degrees, 44
minutes, 31 seconds for a distance of 37.41 feet to the poi nt of tangency, said
point being on the southerly right of way of Trotwood Boulevard; thence S 71
degrees, 00 minutes, 30 seconds E along said southerly right of way for a distance
of 16.68 feet; thence departing said southerly right of way S 18 degrees, 59
minutes, 30 seconds W for a distance of 15.25 feet; thence N 71 degrees, 00
minutes, 30 seconds W for a distance of 21.25 feet; thence S 85 degrees, 32
minutes, 24 seconds W for a distance of 6.91 feet; thence N 71 degrees, 00
minutes, 30 seconds W for a distance of 2.36 feet to a point on a curve concave
southeasterly having a radius of 15.00 feet; thence from a tangent bearing of S 46
degrees,49 minutes, 48 seconds W along the arc of said curve through a central
angle of 23 degrees, 34 minutes, 49 seconds for a distance of 6.17 feet; thence S
23 degrees, 14 minutes, 59 seconds W for a distance of 130 feet to the southerly
line of said Lot 34; thence N 66 degrees,45 minutes, 01 second W along the
southerly line of said lot 34 for a distance of 10.00 feet the POINT OF
BEGINNING.
(Hereinafter the "Property") of the nature and character and to the extent hereinafter set
forth ("Easement").
3) Purpose of Easement. This Easemenris 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. expresspurposeof tl1is _ _ _ _
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;
GFE-Word-Ilcautification Easement. 3/30101
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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.
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 at the
Grantee's sole expense.
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, heir~, 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:
GFE-Word-Ucautification Easement. 3130101
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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 fOl1h 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.
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) Right to Seek Equitable Relief. Each party agrees, acknowledges and
recognizes that any breach of this easement by the other would result in
irreparable harm to the aggrieved party and accordingly, the parties agree that in
addition to and not in lieu of all legal and equitable remedies available by reason
of such breach, each party shall be entitled to equitable relief (including, without
limitation, specific performance andiiijtinttiverelief)"toenj6in theuoccurreilce. ....
and continuation of the breach.
12)
Entire Agreement. This Easement constitutes the full and entire agreement
between the parties hereto and supercedes any oraLor written prior .... '_n
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 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.
GFE-Word-Ocaulifiealion Easemenl. 3/30/01
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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) Brick Masonrv Wall. The parties agree that the Grantee shall provide a six-foot
high brick masonry wall from Trotwood Blvd. Entrance Enhancement to the
southerly property line of Lot 34, Tuskawilla Unit 8, within the easement
described herein which borders the easterly right of way of Tuskawilla Road.
18) Existinl?: Property Fence. The parties agree that the Grantee shall cause the
removal of the existing wood on wood fence and supporting brick masonry
pilasters at Trotwood Blvd. to the southerly line of Lot 34 Tuskawilla Unit 8,
leaving the southernmost brick pilaster in place.
19) Connectinl?: Fence. The parties agree that the Grantee shall cause the "construction
of a wood on wood fence connecting the existing and new pilasters at the
southerly line of Lot 34, Trotwood Unit 8.
20) Arbor Permits. The parties agree that the Grantee shall be responsible for any
arbor permits required for tree removal as a consequence of construction of the
facilities anticipated under this grant of easement as well as the cost of obtaining
said permits and replacing any trees as required by any permits. Further, any trees
and or bushes which can be relocated shall be relocated at-the Grantee's expense
to a place, on Lot 34, Trotwood Unit 8, designated by Grantor
21) Grantee's Responsibilities. Once construction begins on the TLBD
improvements c.ontemplated.by_ this Easement, Grantee "shaILbe-solely.-r.esponsiQI~_ _~__
for the maintenance," upkeep, repairs and expenses of "all" signage~ -walls, water
features, landscaping and utility improvements and other incidental appurtenances
and accessories located on the Property. Further, to the extent permitted by law,
Grantee shall indemnify and hold Grantorhannless from any and all liability
arising out of or related to the construction, operation, and/or maintenance of any
or all of the improvements contemplated by this Easement. Said indemnificatjon
shall include attorney's fees and costs incurred by Grantor in defending any
action.
IN WITNESS WHEREOF, Grantor and Grantee set their respective hands on
the day and year above written.
GFE-Word-Beautification Easement. 412101
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STATE OF FLORIDA
COUNTY OF SEMINOLE
~--}The f9regoing i~s
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CITY OF WINTER SPR'~~~S {G"RANTt.EJ'~"', '~:~~.' ". .~%
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By: Ronald W. Mc-~mo~,. .: l.q: .....;. '.' .
City Manager ". :Y......... JllJ\ .... ~.: ~~.
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STATE OF FLORIDA
COUNTY OF SEMINOLE
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-.!be foregoing instrument was acknowledged and sworn to before me this ls-L day of
)'L'-<--, 2001 by Ronald w.., MCbem0reJ2ity Manager of the City of Winter Springs
Florida who is/is not ~onally k~me, or has produced '.
as identification. ~ 0~. L ._~
, ~Y'PUBLIC
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"(D" . J\NDR~ LORENZO-LUACES l'
'. .. MY l;:pMMlsstON II CC 631931
tXPH~ES: May 9. 2003 .
HlOO-3-N01'ARY Flu.,..o.,csy SO<Vioo & Bonding Co.
GFE- Word-l3cautification Easement. 3/30101
6
Sheet 1
See Sketch of Description
Included as Attachment" A"
PROPOSED WALL EASEMENT
DESCRIPTION
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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: ;::
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Begin at the Southwest comer of Lot 34, according to the Plat of Tuscawilla Unit 6, Plat Book 23, r-
Page 25; thence N 23014'59" E along the Easterly Right of Way line of Tuscawilla Road for a
distance of 130.00 feet to the point of curvature of a curve concave southeasterly, having a radius
of25.00 feet; thence along the arc of said curve through a central angle of85044'31" for a distance
of 37.41 feet to the point of tangency, said point being on the southerly right of way ofTrotwood
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 15.25 feet; thence N
71000'30" W for a distance of21.25 feet; thence S 85032'24" W for a distance of6.91 feet; thence
N 71000'30" W for a distance of2.36 feet to a point on a curve concave southeasterly having a radius
of 15.00 feet; thence from a tangent bearing ofS 46049'48" W along the arc of said curve 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 feet 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.
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Prepared by:
This description and the accompanying sketch or
sketches has been prepared in accordance with the
Standards set forth in Chapter 6lG 17, FAC., pursuant
to Chapters 177 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 informational plU'pOSCS only and is not valid
~~.
ARTHUR W. TUCKER P.L.S. # 4381
Date: 2...2-f?, 0 I
Tinklepaugh Surveying Services, Inc.
379 West Michigan Street
Suite 208
Orlando, Florida 32806
(407) 422-0957
TOI-A37.34
SKETCH OF ./JESC/?/PT/OH
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NOT A SURVEY
PROPOSED WALL EASEMENT
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BEARINGS BASED ON RIGHT OF WAY PLANS FOR TUSCA WILLA
.- THE NORlHEASTERLY RIGHT OF WAY OF TROTWOOD BOULEVARD
. '.--' SOUlH 71'00'30" EAST.
THIS IS NOf A BOUNDARY SURVEY.
THIS SKETCH PREPARED WITHOUT BENEFIT OF CURRENT
_= DATA AND IS SUBJECT TO EASEMENTS AND MAnERS
RECORD.
Tinklepaugh
SURVEYING SERVICES, ING.
379 W. Michigan Street. Suite 208 a Orlando. Florida
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Tele. No. (407) 422-0957 Fax No. (407) 422-6915
LICENSED BUSINESS No. 3778
ATTACHIJENT 'A"
SHEET 2 OF 2
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32806
MEMORANDUM
TO: Andrea Lorenzo - Luaces~~ity Clerk
FROM: George F. Edwanis, P
RE:
Transmittal of Recorded TL80 and Doss Easements
DATE: June 21, 2001
Attached please find the recorded Tuscawi//a! Lighting and
Beautl ffication District improvements and Malntenanc+e
Easement. the fo~lowjQa drawings were also recorded a0~ are irk my
ofOce.
Sheet G-i, recorded in the Official Record Book (ORB) 4101, pages
167-A through 167-I,
Sheet DO-i, recorded in ORB 4101, pages 167-J through 167-R,
Sheet AO-i, recorded in ORB 4101, pages 167-S through 167-AA,
Sheet AO-3, recorded in ORB 4101, pages 167-BB through 167-JJ,
Sheet AO-4, recorded in ORB 4101, pages 167-KK through 167-SS,
Sheet AO-5, recorded in ORB 4101, pages 167-TT through 167-BBB,
Sheet AO-6, recorded in ORB 4101, pages 167-CCC through 167-
KKK,
Sheet AO-7, recorded in ORB 4101, pages i67-LLL through 167-TTT,
Sheet AO-8, recorded in ORB-4101, pages 167-UUU through 167-
CCCC,
Sheet !.-9, recorded in ORB-4101, pages 167-DDDD through 167-
LLIL,
Sheet LO-4, recorded in ORB-4101, pages 167-MMMM through 167-
UUUU,
Sheet IR-9, recorded in ORB-4101, pages 167-WW through 167-
DDDDD,
Sheet =R-12, recorded in ORB-4101, pages 167-EREEEE through 167-
MMMMM
Sheet EO-1, recorded in ORB-4101, pages 167-NNNNN through 167-
VVVVV,and
Sheet EO-4, recorded in ORB-4101, pages 167-WWWWW through
167-EEEEEE,
The Doss Improvements and Maintenance easement covers the
construction of improvements on the south- east side of the
Trotwood/Tuskawilia intersection.