HomeMy WebLinkAboutBoard of Trustees of the Internal Improvement Trust Fund of the State of Florida- 2007 06 25
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MARYANNE MORSE, CLERK OF CIRCUIT COURT
SEMINOLE COUNTY
BK 06748 Pgs 1407 - 14161 (10pgs)
~1 CLERK'S ~ 2007098074
RECORDED 07/05/2007 11119120 AM
BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT DEED DOC TAX 0.70
TRUST FUND OF THE STATE OF FLORIDA RECORDING FEES 86.58
RECORDED BY H D.Vort
EASEMENT
Easement Number 31696
1 \" -l k day of \, .BX. -<::-_ DEPUTY CLE-_-RK--
THIS EASEMENT, made and entered into this ~~ ~ ~'\
20 JD., between the BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUN;;JUl 0 f ?nC7
OF THE STATE OF FLORIDA, acting pursuant to its authority set forth in
Section 253.03, Florida Statutes, hereinafter referred to as "GRANTOR", and
the CITY OF WINTER SPRINGS, FLORIDA, hereinafter referred to as "GRANTEE".
WHEREAS, GRANTOR is the owner of the hereinafter described real
property, which is managed by the state of Florida Department of
Environmental Protection, Office of Greenways and Trails, under Lease Number
4147; and
WHEREAS, GRANTEE desires an easement across the hereinafter described
real property for maintenance of a wastewater forcemain and
WHEREAS, the managing agency has agreed to the proposed use of this
land under this instrument.
NOW THEREFORE, GRANTOR, for and in consideration of mutual covenants
and agreements hereinafter contained, has granted, and by these presents does
grant unto GRANTEE, a non-exclusive easement across the following described
real property in Seminole County, Florida, to-wit:
(See Exhibi t "A" Attached)
subject to the following terms and conditions:
1. DELEGATIONS OF AUTHORITY: GRANTOR'S responsibilities and obligations
herein shall be exercised by the Division of State Lands, State of Florida
Department of Environmental Protection.
2. TERM: The term of this easement shall be for a period of fifty years
commencing on Jv. h. e d.. S) J.OO, and ending on ~ \.\.~e '). '1) 'd-oS 7
with no option for renewal, unless sooner terminated pursuant to the
provisions of this easement.
3. USE OF PROPERTY AND UNDUE WASTE: This easement shall be limited to the
maintenance of a wastewater forcemain upon and across the property described
in Exhibit "A" during the term of this easement. This easement shall be non-
exclusive. GRANTOR retains the right to engage in any activities on, over,
across or below the easement area which do not unreasonably interfere with
GRANTEE'S exercise of this easement and further retains the right to grant
compatible uses to third parties during the term of this easement.
GRANTEE shall dispose of, to the satisfaction of GRANTOR, all brush and
refuse resulting from the clearing of the land for the uses authorized
hereunder. If timber is removed in connection with clearing this easement,
the net proceeds derived from the sale of such timber shall accrue to
GRANTOR. GRANTEE shall take all reasonable precautions to control soil
erosion and to prevent any other degradation of the real property described
in Exhibit "A" during the term of this easement. GRANTEE shall not remove
water from any source on this easement including, but not limited to, a
watercourse, reservoir, spring, or well, without the prior written approval
of GRANTOR. GRANTEE shall clear, remove and pick up all debris including,
but not limited to, containers, papers, discarded tools and trash foreign to
the work locations and dispose of the same in a satisfactory manner as to
leave the work locations clean and free of any such debris. GRANTEE, its
agents, successors, or assigns, shall not dispose of any contaminants
including but not limited to, hazardous or toxic substances, petroleum, fuel
oil, or petroleum by-products, chemicals or other agents produced or used in
GRANTEE'S operations, on this easement or on any adjacent state land or in
any manner not permitted by law. GRANTEE shall be liable for all costs
associated with any cleanup of the subject property which is a result of
GRANTEE'S operations and use of the subject property.
Upon termination or expiration of this easement GRANTEE shall restore
the lands over which this easement is granted to substantially the same
condition as existed on the effective date of this easement. GRANTEE agrees
that upon termination of this easement all authorization granted hereunder
shall cease and terminate.
If the lands described in Exhibit "A" are under lease to another
agency, GRANTEE shall obtain the consent of such agency prior to engaging in
any use of the real property authorized herein.
4. ASSIGNMENT: This easement shall not be assigned in whole or in part
without the prior written consent of GRANTOR. Any assignment made either in
whole or in part without the prior written consent of GRANTOR shall be void
and without legal effect.
5. RIGHT OF INSPECTION: GRANTOR or its duly authorized agents,
representatives or employees shall have the right at any and all times to
inspect this easement and the works of GRANTEE in any matter pertaining to
this easement.
Page 2 of 10
Easement No. 31696
R05/16/07
6. NON-DISCRIMINATION: GRANTEE shall not discriminate against any
individual because of that individual's race, color, religion, sex, national
origin, age, handicaps, or marital status with respect to any activity
occurring within this easement or upon lands adjacent to and used as an
adjunct of this easement.
7. LIABILITY: Each party is responsible for all personal injury and
property damage attributable to the negligent acts or omissions of that party
and the officers, employees and agents thereof. Nothing herein shall be
construed as an indemnity or a waiver of sovereign immunity enjoyed by any
party hereto, as provided in Section 768.28, Florida Statutes, as amended
from time to time, or any other law providing limitations on claims.
8. COMPLIANCE WITH LAWS: GRANTEE agrees that this easement is contingent
upon and subject to GRANTEE obtaining all applicable permits and complying
with all applicable permits, regulations, ordinances, rules, and laws of the
state ~f Florida or the United States or of any political subdivision or
agency of either.
9. ARCHAEOLOGICAL AND HISTORIC SITES: Execution of this easement in no
way affects any of the parties' obligations pursuant to Chapter 267, Florida
statutes. The collection of artifacts or the disturbance of archaeological
and historic sites on state-owned lands is prohibited unless prior
authorization has been obtained from the State of Florida Department of
state, Division of Historical Resources.
10. PROHIBITIONS AGAINST LIENS OR OTHER ENCUMBRANCES: Fee title to the
lands underlying this easement is held by GRANTOR. GRANTEE shall not do or
permit anything to be done which purports to create a lien or encumbrance of
any nature against the real property of GRANTOR including, but not limited
to, mortgages or construction liens against the real property described in
Exhibit ~A" or against any interest of GRANTOR therein.
11. PARTIAL INVALIDITY: If any term, covenant, condition or provision of
this easement shall be ruled by a court of competent jurisdiction to be
invalid, void, or unenforceable, the remainder shall remain in full force and
effect and shall in no way be affected, impaired or invalidated.
12. SOVEREIGNTY SUBMERGED LANDS: This easement does not authorize the use
of any lands located waterward of the mean or ordinary high water line of any
lake, river, stream, creek, bay, estuary, or other water body or the waters
or the air space thereabove.
Page 3 of 10
Easement No. 31696
R05/16/07
13. ENTIRE UNDERSTANDING: This easement sets forth the entire
understanding between the parties and shall only be amended with the prior
written approval of GRANTOR.
14. TIME: Time is expressly declared to be of the essence of this
easement.
15. RIGHT OF AUDIT: GRANTEE shall make available to GRANTOR all financial
and other records relating to this easement and GRANTOR shall have the right
to audit such records at any reasonable time during the term of this
easement. This right shall be continuous until this easement expires or is
terminated. This easement may be terminated by GRANTOR should GRANTEE fail
to allow public access to all documentsl papers I letters or other materials
made or received in conjunction with this easement, pursuant to Chapter 1191
Florida Statutes.
16. PAYMENT OF TAXES AND ASSESSMENTS: GRANTEE shall assume full
responsibility for and shall pay all liabilities that accrue to the easement
area or to the improvements thereon including any and all drainage and
special assessments or taxes of every kind and all mechanic's or
materialman's liens which may be hereafter lawfully assessed and levied
against this easement.
17. AUTOMATIC REVERSION: This easement is subject to an automatic
termination and reversion to GRANTOR whenl in the opinion of GRANTOR I this
easement is not used for the purposes outlined herein, and any costs or
expenses arising out of the implementation of this clause shall be borne
completely, wholly and entirely by GRANTEE, including attorneys' fees.
lB. RECORDING OF EASEMENT: The GRANTEE, at its own expense, shall record
this fully executed easement in its entirety in the public records of the
county within which the easement site is located within fourteen days after
receipt, and shall provide to the GRANTOR within ten days following the
recordation a copy of the recorded easement in its entirety which contains
the O.R. Book and Pages at which the easement is recorded. Failure to comply
with this paragraph shall constitute grounds for immediate termination of
this easement agreement at the option of the GRANTOR.
19. GOVERNING LAW: This easement shall be governed by and interpreted
according to the laws of the State of Florida.
Page 4 of 10
Easement No. 31696
R05116/07
20. SECTION CAPTIONS: Articles, subsections and other captions contained
in this easement are for reference purposes only and are in no way intended
to describe, interpret, define or limit the scope, extent or intent of this
easement or any provisions thereof.
Page 5 ofl 0
Easement No. 31696
R05116/07
IN WITNESS WHEREOF, the parties have caused this easement to
be executed the day and year first above written.
wJ!ess ~
. (j.OV'\ <i ( C\ dK.
Print/Type Witness Name
BOARD OF TRUSTEES OF THE INTERNAL
IMPROVEMENT TRUST FUND OF THE
STATE OF FLORIDA
By: ~C. ~b.oA. (SEAL)
GLORIA C. BARBER, OPERATIONS
AND MANAGEMENT CONSULTANT
MANAGER, BUREAU OF PUBLIC LAND
ADMINISTRATION, DIVISION OF
STATE LANDS, STATE OF FLORIDA
DEPARTMENT OF ENVIRONMENTAL
PROTECTION
"GRANTOR"
STATE OF FLORIDA
COUNTY OF LEON
__- The foregoing instrument was acknowledged before me this /.~st~ day of
\.}\..\ne. , 200;1, by Gloria C. Barber, Operations and Management
Consultant Manager, Bureau of Public Land Administration, Division of State
Lands, State of Florida Department of Environmental Protection, acting as
agent on behalf of the Board of Trustees of the Internal Improvement Trust
Fund of the State of Florida. She is personally known to me.
- Cl rI;{/~
of Florida
Print/Type Notary Name
o....r-Jf~y PU6'(.-: Sylvia S. Roberts
~ . ~ Commission # DD468884
"'4 ff Expires September 6, 2009
1;- Of f\-a:' Bonded Troy Fa," . Insurance, Ine 800-385-7019
Commission Number:
Commission Expires:
By:
DE
Page 6 of 10
Easement No. 31696
R05/16/07
City of Winter Springs, Florida
~~
Wi tness l r.
~ V-r'\ F,' e 0-)
Print/Type Name
!.Ii tne~s r~_~
L
By: ~#t)~
/
Ronald W. McLemore
Print/Type Name
Title: City Manager
l/l~l-.'I<A (lH'i:::; 2/
pr'nt/Type Name
"GRANTEE"
STATE OF FWRIDA
COUNTY OF .')<lm.nole
.-- The foregoing instrument was acknowledged before me this ~ day of
<Ju \1. f 2007, by Ronald W. McLemore, City Manager of the City of Winter Springs,
Florida, on behalf of the City of Winter Sings, Fl ida: He is personally known to me.
/'
,.-
Florida
"'O~~~~~ "(Jet<",
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~- '.,3
"'.It o~
or!"
Nolary Public Stale of Flonda
Nun K Gibbs
My CommisSion DD545099
Explre:,,06/12/2010
=::=S~==--
.--b1lfi(1 \(. G- i l) b;
Print/Type Notary Name
Commission Number: 00 Slt500C,
Commission Expires: ~ II). I~o i 0
Page 7 of 10
Easement No. 31696
R05/16/07
~ .' :-
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Ixhibit "A"
LEGAL DESCRIPTION OF T"JE EASEMENT
r She.t 1 of J
Sketch & Descri"ption
V"~L'
Property DescrIption
A strip of land being a poftlon of the .fO.OO 'foot wide CS)( Rollroadrlght of way, lying adjacent to Lot 19, Block "B"
'of O.R. MITCHELL'S SURVEY 'oF THE LEVY CRANT 'oN LAKE JESSUP according to the plat thereof as recorded In Plot
Book 1, Page 5 of the Public Records of Seminole County, Florida being more particularly described as follows:
COMMENCE at the Southeast corner of Lot 14, Block "B" of sold O.R. MITCHELL'S, SURVEY 'oF THE LEVY GRANT 'oN
LAKE JESSUP; thence 'run, North 18....3.23.. East along thel EosterlyHn@ of said Lot 14. for 0 distance of 10.20 feet;
thence run North 71"52'32" West. for a distance of $17.23 fee~; thence run North 68.3....4'0.. West. for a distance of
77.33 feet; thence run North 72''04'33'' West. for a distance of 84'0.57 feet; thence run South 63''02'56'' West. for a
distanGe of 71.29 feet to a point on the Northerly right of, way line "of CSX Railroad being thC! PDINT 'oF BEGINNING;
thence departing sold Northerly Tight of way line run South 6S'o2'56 ~est. tor a ctlstonce of 64.46; thence run South
26'57''04'' East. for a dllltonce of 8.1'0 feet to a point on a non~tongent curve concaVe Southwesterly having 0 radius
of 934.9B feet; thence from 0 tangent bearing of North 87.42''0'0'' West run Westerly along the ore of sold curve for 0
distance of 17.11 f~etthrough a central angle of 01"02'54 to 0 point; thence run 'North. 26'57'04-" West. for a distance
of H.88 feet; thence run North 63.02156" East tor 13 distance of 5-4-.96 feet to Q point Oil said Northerly right of way'
line of CSX Railroad (q ",,0.00 foot wide right ,of way) saki point being on a non,...tangent curvo concave Southwesterly
having a radius at 97-4-.f,lB feet; thence tram a tangent beQrlng of South 8619'06" Ea6t run Easterly along the arc of
sold curve for a dhitance 'pf 28.73 teet through 0 central angle of 01'4-1'18" to the POINT 'oF BEGINNING.
Subject property contains 1,'070 square feet or '0.025 acres more or less.
lotes
. . Thl5 15' not 0 survey.
Bearings sh w h b d " 111,,\1111111//. '
o n oreon arc, ase on the' EQstorly line of Lot 14- Block B b I ; \111 r;~.. '~~4
' ,,' e ng ali1sum~dl'>t1stNdJ1trJ'~ B~:231' East
this sketoh Is not valid without ~he slgnaturo and the original raised 80al of a Florida J("e~~Ii;;\{L;"':;:;' . '--. .
" ". . 1'.Y rve,,..:!"-. ~bl~ mapper.
Benchmark Surveyfng & MappIng, Consultants, Inc.
~, Certificate of Authorl~(JtJon Number '- 1a 6796
Post 'office Bo)( 7711)65, Winter Gorden,' Florida 34777-1005
557 West Plant Street~ Winter Garden, FlorIda 34787 '
(407) ~54-6183 FOle (4'07) ti5<f.-618<f. ' '
48B02UE2
Project ,.
02/15/05
'., Dote
E.xhibitA
Page 8 of 10
Easement 31696
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Sheet 2 of 3
Sketch & Description
Lot 13, Block B
Scale 1" = 100'
O.R. UITCHEU.'s SUR\tEY Of TIlE LEVY GRANT
ON UKE JESSUP
I~
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u
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-I
PL\T i J.PA'" ,
. Lot 1~, BlockS
/
/
840-Sr
~'03b:---
~ OV,c- l1t 155-:::--
I . ------ <..RALL 9.69'
-
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I
I
Lot 20, Block B
North
- _____ C Of C erlYR /I .
S. V . '. S'x R. ,. l1t I/ne .
- _ /\ n __ OJ/roOd
~I (.LJ IL /::) "'"'- /oJ "7", .
LAJ(F c 10.00~ _I ,OlA D~." . 5.23<....
'ftA.RAI &: 'r1GHr OF- -'I. '(I
. ~A./oJCH R. l1tA ~
'AIL Co _
/ . 'RIIIDOI/ ~ ~ ~ ~
All. lltrC/J
'ELL'S SUIi\.ty
. .OF lilt .
A ON 4/(E ot"Ssup lEvy Gil-1Nr
l..4 r Boo/(
" P-4Gc S .
Eoaterly line
ot ~ot H, Block B ~
.S;
k
1<).
.CV ~
I<) ,~.
.'1- ~,
~K!
l/.l
Lol 21, Block B
~<~
Point of commencemfLn
Southeast corner of Lot 14,
Block B of D.R. MITCHELL'S
SURVEY OF TI-lE LEVY GRANT ON
lAKE JESSUP .
evlslons
111/05 - Revised sketch and d~scr/ptlon
Benchmark Surveyfng. & MappIng Consultants, Inc.
~ CerUflcate of Authorization Number' - LB 6796
Post OfflGe Box 771065,Wlnter Gard~n, Florida 34777-1065
557 Wast Plant Street, Winter Garden, FlorIda 34787
(407) 654...,..6183 Fax (407) 654-6184
46602UE2
Project I
legend
· - denotes change In d/reotlon
02/15/05
Dato
R/W - denotes Right of Way
Exhibit A
Page 9 of 10
Easement 31696
. v:.
..' . '. ~,
(t~
~
Sheet 3 of 3
Sketch & D~scription
. lot 12, Plock P
Lot 11, Block B
Scale 1" = 100'
. D.R. LlITCHELL'S SURVEY Of lHE LEVY GRAHT
ON LAKE JESSUP
PLAT POOK " PA.GE 5
/
North .
Of erly R
CSX ROi'/W line
rooa
lot 13. Block B
N 7 .
:2b""J: ..
-- ,} I"
-~SX~
L.oke Ch~ _L!]OAD
QrltJ 8. g/j t 0 f W. ---:=:t l.:.../ .
rQl)ch R, Qy .~
all C .
orNr'
lot 19. Block B . "or
I
.~ I
:c
~ I
. ---
N7:2:J
. 2'o.}..
- 0 IV 15
~ ~ 59.89'
'-
-
. LINE
L1
L2
L3
L4
L5
. lJ .
-Ii. J/nr' II:>
"IJ'-L{ :s
SUJi'Lty
OF'"
ON l.1KE' n,c lEVy
Pl.1r ~SSUP GJi'-1Nr
BOOl( .
'. PA
'lGE S
lot 20, Block B
--,-
I
I
I
CURVE
C3
C4
Bf;lnchm(lrk SUJiveylng & Mapping Consultants. Inc.
Certificate of AuthorIzation Number - LB 6796
Post Qfflce Box 771065, Winter Gorden, FlorIda 3+777-1065
557 West Plant ~tre8t, Winter Garden, florida 34787
. (407) 654-~lBJ. fax (407) 65-4-6184
46602UE2
Project ,
Legend
02/15/05
Date
:. - danotes change In direction
R/W ,... denotes RIght of Way
. T.B. - denotes Tangent Bearing
Exhibit A
Page 10 of 10
Easement 31696