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HomeMy WebLinkAboutBlumberg, Lewis and Juanita D.-Public Recreational Easement- 2001 05 23 , Prepared by and return to: /':.' Brown, Ward, Salzman & Weiss, P.A. ((!:' Attn, Anthony A. G"gnn"e, E'qui,e ,l-. ;' POBox 2873 ')/1 r . ./ Orlando, Florida 32802-2873 ~~-.~;".;Ci~i.Y T~I.I; FJ. ~; /' ,. ()1..) .... \ ., - '" Intant;;~'e Tal< Pd. 1 I r., ~). IVJryanne Morse, Clerk Seminole ,-- ni._ County By: /1J!lr:: ,_ 0.1:. i ;:0"':. . ..,;tfgf" . :A> _1 CJ;Q PUBLIC RECREATIONAL EASEMENT C) ." ~~ .. .,"r.IJ' -..J ,'Z: This Grant of Public Recreational Easement is made this J3 f'lJ/ day of IYl \.D ~z \.D (')r'-1 ~:::. 2001, by LEWIS BLUMBERG and JUANITA D. BLUMBERG (hereinafter calle "Grantor"), - ---;0 C' :0 in favor of the CITY OF WINTER SPIUNGS, FLORIDA, a Florida Municipal Corporation c~y~ ("Grantee"). (=' , ~) . - f WITNESSETH: WHEREAS, Grantor is the sole owner in fee simple of certain real property in the City of :.:J If) Winter Springs, Seminole County, Florida; and C) fT1 rrJ --. r_ -,.. .. J_,- ~- CJ- ~~ WHEREAS, Grantee is aggregating lands situated on and around Grantor's property for .."t:'O'" oe - Gi purposes of creating a network of parks and roadways for the City of Winter Springs Town Center; ,- C:J rT] R'>C\ and 0 :po" <:c ::z: r'l :::: --J ;:0 -~ --< WHEREAS, this Easement is necessary to connect two public parks so that the public may .. "Tl' Ul ~~ traverse between the two parks by way ofthe real property which is subject to this Easement; and - ',_. CJ WHEREAS, Grantor desires to convey a public recreational easement over, under, and across the real property which is subject to this Easement for purposes of allowing the public to use said property for the purposes stated herein and under the terms and conditions of this Easement; and WHEREAS, Grantorand Grantee believe that this public recreational easement is in the best interests of the public health, safety, and welfare of the citizens of the City of Winter Springs and Seminole County. .~ ..- ~ 00 NOW, THEREFORE, in consideration of the enumerated public purposes stated herei~ c:> C> ." A~ - (J and the mutual covenants, terms, and conditions and restrictions contained herein, together wit~ :~ other good and valuable consideration, the receipt and sufficiency of which is acknowledge~ ::0 r'l Grantor provides as follows: D - n 0 '1]0 ...., C) >~ r rv ~Ul I. Grant of Easement. Grantor hereby voluntarily grants and conveys to Grantee, its ;T1 U1 successors and assigns, on behalf of the public, a non-exclusive and perpetual public recreational easement over, under, and across the real property described in Exhibit "A," which is attached hereto and fully incorporated herein by this reference ("Easement Property"), of the nature and character and to the extent hereinafter set forth ("Easement"). The said grant of easement includes the public's right of ingress and egress to the Easement Property. Grantee shall have the right to survey the Easement Property at Grantee's expense and the surveyed legal description shall be incorporated as Exhibit "A". 2. Purpose of Easement. This public recreational easement is granted for the express purpose of allowing the public to have non-exclusive and perpetual use of the Easement Property for recreational purposes. It is the further express purpose to allow Grantee to improve the Easement property to promote recreational activities on the Easement property for the benefit of the public. 3. Rights of Grantee. To accomplish the public purpose stated above, the following rights are conveyed to Grantee by this Easement for the benefit of the public and may, at the Grantee's sole and absolute discretion and expense, be exercised at any time during the term of this Easement: a. To have the non-exclusive and perpetual use of the Easement Property for a trail related recreational activities which are deemed appropriate by Grantee; b. To prevent any activity on or use of the Easement Property that is inconsistent with the purpose of this Easement, and to require the restoration of areas or features of the ~ .- 0) Easement Property that may be damaged by an inconsistent activity or use; 00 (,n C> ::;>""TI r" ~^~ :3: - " To use this Easement for ingress and egress over, upon, and through the Easement ~ ;~,. c. Property and to the parks and recreational spaces around the Easement Property; rn Al CTl " -,.) 0 - ...,0 To cut, trim, and keep clean such trees, brush, and undergrowth that might hinder or ~ C) p:-.o d. . a rv ~Ul prohibit Grantee's and the pubic's use of the Easement Property; c.Jl e. To maintain, inspect, replace, repair, improve the Easement Property consistent with the recreational purposes set forth herein; f. To maintain, inspect, improve, replace, or repair the landscaping on the Easement Property; and g. To pave the Easement Property and install trail related signage on the Easement Property. 4. Temporarv Rights of Grantor Until such time that Grantee completes construction of a public boulevard across parcel 6 and 7 or Grantee completes construction of aright -of- way, running north from State Road 434 to the Easement Property, Grantor shall personally have the right to cross the easement by automobile or pedestrian means, for purposes of ingress/egress between Grantor's remaining property located on either side ofthe Easement Property. The automobile crossing shall be by the parties so that the crossing at a location 2 . mutually agreed to causes the least interference to the public recreational purposes of this Easement. Upon completion of the construction of the public boulevard and/or the right-of- way, the aforementioned right shall automatically terminate and Grantor shall have the right to use the Easement Property in common with other members of the public, provided Grantor has the right to access their property on either side of the Easement Property by way of the boulevard and/or aforementioned right-of-way. 5. Maintenance. Grantee shall bear the cost and responsibility to maintain the Easement Property and any improvements made by Grantee therein in a safe condition. 6. Public Use. Grantor agrees that the Easement Property and any improvements made and equipment installed by Grantee thereon shall be dedicated for public use under the terms and conditions of this Easement. 7. Duty Not to Overburden Easement. Grantor and Grantee agree that they, individually and/or jointly, shall not surcharge or overburden the Easement and the use of the Easement Property as provided hereunder. ~- 8. Remedies For Default. The parties agree that, in the event of default, there may not .- ~ 00 CJ) ::::::> 0" be an adequate remedy at law and, therefore, the aggrieved party shall be entitled to seek :i: :;;:.; -" - ,..., injunctive relief, including a mandatory injunction. z .~ 0 r f"'l ~ Easements Run with the Land. This Easement shall remain a charge against the Easement !3 rrJ 9. - n .._0 Property. Therefore, this Easement shall "run with the land" and be automatically assigned ~ ,., Y:;;o ." Cl l'V ,7) </l by any deed or other conveyance conveying a portion of the Easement Property relating to ,0; -.l this Easement, even though the conveyance makes no reference to this Easement as such. 10. Attorneys' Fees. In the event of any legal action arising under this Easement between the parties, the parties agree that the prevailing party shall be entitled to attorneys' fees, paralegal fees, court costs and expenses, through all appellate proceedings. 11. 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. 12. 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 in perpetuity with the Easement Property. 13. Grantee's Right to Terminate. Grantee shall have the right to terminate this Easement by written recQrded notice of termination, at its sole and absolute discretion, if Grantee determines there is no longer a public need for this Easement. 3 ~. ' IN WITNESS WHEREOF, Grantor and Grantee have set forth their signatures on the day and year written below. C t(, ? By: Paul P. Partyka, Ma r STATE OF FLORIDA COUNTY OF SEMINOLE The foregoing instrument was acknowledged before me this ,QJ rdday of ~I , 2001, by PAUL P. PARTYKA, as Mayor, on behalf of the City of Winter Springs, who lliiis not .~_ CD personally known to me, or has produced as identification. C/l ':::1 ~ ~ ~. ~ - ~ "''6'' Deborah l Gillespie'} ;; ~ ~~~ My Commission CC920808 ~1-h lQQifill. ~ ~r .....,,;<" Expns March 21, 2004 NOT AR Y PUBLIC fT', . n - o - 1:'.- mo -, c.~ >>~ rr lfnesses: r f"V ~ u Print NillTIe: t~. ~;:E'!:; ~~~ CD ,~~~ Print Name: .....\ <AA<' M. l::-m-ft" STATE OF MAINE CO UNTY OF /INN CL' CIL The foregoing instrument was acknowledged before me this If., r"-dayof !vi Ai, 2001, by LEWIS BLUMBERG, who is/is not personally known to me, or has produced d!~~~ jr~ as identification. L~, ('~ NOTARY-PUBLIC . ANDREA L. SNOW Or" Notary Public, Msiil8 '. My Commission Expires i uti 1/04 ... T .. \ . : .... , : lC .. TIIi. . . :: , \;J' : 4 \. .': ..". .~ . ...... '. . , ~""" .. I " , r~ 0J.C0~~ ~~i2&u~UMJ Print Name: L j:l,.VI..'A \-\-. \)A-N', E L> 0.J UANIT A D. BLUMBERG ,~.~ ~\ Print Name: (. ~""Y"-'<- \V\.', ~ ~'\-tv ,. STATE OF MAINE COUNTY OF J-/ A N ~, l~ j<:.. The foregoing instrument was acknowledged before me this I L. rl-.day of Iv? A Y , 2001, by JUAN~TA D. BLUMBERG, who is/is not personally known to me, or has produced r:i/1~-<A.). Y,<..-t ~ as identification. , w~,;i~r--,~) NOT AR Y PUBLIC ANDREA l. SNOW Notary Public. Maine My Commission Expires 10/11/04 "'"'' "'" .'.1- ,............ < . '. . . ;. ......... ~ - ::D C)O (fl ::;:) 0"'" m ::::;'1\ 3: - " :z: >- 0 .- rl ::0 ('") " 0 - _.~ .." ;:::) >~ r f"V ";1~ " \..0 5 Sheet 1 See Sketch of Description Included as Attachment "A" 30' CROSS ACCESS, UTILITY AND PEDESTRIAN EASEMENT DESCRIPTION That part of Lot 28, Block "B", D.R MITCHELL'S SURVEY OF THE LEVY GRANT ON LAKE JESSUP as recorded in Plat Book 1, Page 5 of the Public Records of Seminole County, Florida, more particularly described as follows: Commence at the Northwest comer of said Lot 28, Block "B", D.R. MITCHELL'S SURVEY OF THE LEVY GRANT ON LAKE JESSUP, as recorded in said Public Records said point being a .r:- recovered 3/4 inch iron pipe; thence run S 18058'28" W along the West line of said Lot 28 a distance -- OJ 00 of325.09 feet; thence leaving said West line of Lot 28 run S 71024'05" E for a distance of335.54 U> ::::> .::) ""T\ rT1 ;:0;::;: feet to the POINT OF BEGINNING; thence continue South 710 24' 05" East for a distance of :I: - :z: ~ 21.21 feet; thence run North 26024' 05" West for a distance of 114.85 feet; thence run South 180 0 - r 35' 55" West for a distance of21.21 feet; thence run North 710 24' 05" West for a distance of21.21 rT1 ,1 n ,... feet; thence run South 260 24' 05" East for a distance of 114.85 feet; thence run North 180 35' 55" 0 - ,..c ~ 0 ;;~ East for a distance of21.21 feet to the POINT OF BEGINNING. r t..) ~(: (:) Containing.314.56 square feet or 0.069 acres more or less. This description and the accompanying sketch or Prepared by: sketches has been prepared in accordance with the Standards set forth in Chapter 61 G 17, F.A.C., pursuant TinkIepaugh Surveying Services, Inc. to Chapters 177 and 472, Florida Statutes. Unless it bears 379 West Michigan Street the signature and the original raised seal of a Floti.djl Suite 208 lioerned "",:eyor ond m'ppe"!,;, w-..~~~ " Orlando, Florida 32806 or map IS for informatIonal purposes onl~.:. .}S If . .~ ....: .. . "f ." ~!r\ (407) 422-0957 I .' . j ~'l 1<11' ~ ~. ; ,. ., ." ; . . . to. ..., 'llii. TOO-E86 E I P. . r' 7;':; ..... ;. ~ Date: 0' \ ~ \".". ....~ ....... .... i .,) ..' . . '" . . ~..- . ..... ..'" . - .. ~ .... I " . ~- '. "", "1 .<.""'... 4 ". ./'. ~- '/ If- .,~ : .-""...'. . . . j. .:~ .... .,,~ . EXHIBIT "'~~.."3I ~ 'tA - D :9 . A TT ACHMENT · A. SKETCH OF DESCRIPTION -- NOT A SURVEY -- c ~ PO/I\! NO r Qf' ~ O~r~ .R ~ "cSr VMAf, ~ Al)yi l;rCIyQrORND;> ~I\!C ~ 'l-4r 8/; CR-4; SUR:;'r lOr ~Mt'l\!r '<l; II( I r r Or <8 ~ ~~ .~~ CI) "1l r A S "1 !:!:.((CI\I r "'JO, 00' / ~ A '0 <:) l:l'Nr \. ;.A :Vj "No .. qy UN, ~ "1 1.8 -. .\'".^_ ~ o '<'<'0 '-"# <"0 ~ ;.A " ~ ~\.:)cy I/#~ Q. ~ ~ p ! 13' ~ ~ I Parcel 5 I ~ ~ ~ (j ,,!tj It;) ~ e- n ~~ ~ ~J, i:j ~ Q.' fa Vj' ~ CV / - ~C ~ ,,' 8f t)?\;' TAX 10/ 26-20-JO-5AR-OBOO-~O C) ~~ ~ ::::; "CQ I\! .7 " LEWIS AND JUANITA D. BLUMBEIN. - , ~k] L Q:- "" J......' '<4' (~ ORB 1288 PG 465 z 1: !<. i::::: ~ ~ () OS" ~J 0 - ~" g Q." ____ <1.<1' W ~ F ..... .:J Q) It:::) .............. " C" O~ ~ .............. 0 C " J..::. ~ 'N 26"'24'05" W ~; "\ "\ <': S ..." :;,C Q."N (j ""0..... -...?I "<<1'0 '. 114.85' rr-:;, ( ~ -S ~'5C & -.JJs, <:). " <': --.:..!4 . (Q Q:- ~ . ~ /" ~~ ~ 6'" ~ S 26.24'05" E ~ <"0 V ~ 114.85' ^ L ;.A ~ ~~ ~ <1 30' CROSS ACCESS. UTlUTY Wr Of' B. . / ! AND PEDESTRIAN EASEMENT s .71.~1\!/1\!~ ~ ~ ~~), ~ LOT 28 ( ~ <>1.<>1' t' BLOCK "B" ~l(j :.... ~CV TAX 10/ 26-20-30-5AR-OBOO-0280 ."') " LEWIS AND JUANITA D. BLUMBERG QJ CV I Parcel /4 I ORB 1288 PG 465 " <- / NO TES: I. THIS IS NOT A SURVEY. / 2. BEARINGS SHOWN HEREON ARE DERIVED FROM A PREVIOUS PROJECT PREPARED BY THIS FIRM FOR THE FLORIDA DEPARTMENT OF PROTECTION; PROJECT NAME: LAND ACOUlsnON SURVEY/ APPRAISAL MAP WINTER SPRINGS TOWN CENTER GREENWA YS AND TRAILS PROJECT D.E.P. OFFICE #67680 AND ARE BASED ON THE NORTHEASTERL Y RIGHT OF WA Y LINE OF STA TE ROAD 4J4 AS PER FLORIDA DEPARTMENT OF TRANSPORTA nON RIGHT OF WA Y MAP SEcnON 77070-2516 BEING SOUTH J8'43'16" EAST. Tin k I e p a ugh SURVEYING SERVICES, INC. FILE: SX 6986 379 WEST I.CICHICAN ST. . SUITE 208. ORLANOO. Fl. 32806 (407) 422-0957 BY: R. NIETO ORDER NO.: TOOE86 SCALE: 1"= 100' DATE: 12/14/00 UCENSED BUSINESS No. 3776