HomeMy WebLinkAboutFlorida Land Co.-Utility Easement- 1986 03 27
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UTILITY EASEMENT
THIS INDENTURE MADE THE 27th day of ',1ARCH ,A.D., 1986 between
FLORIDA LAND CO.. GRANTOR, and CITY OF WINTER SPRTNr.S , GRANTEE.
Wl~N~~S~~H, that the GRANTOR in consideration of the sum of $10.00 and
other good and valuable considerations paid by the GRANTEE, the receipt whereof
is hereby acknowledged, does hereby give and grant to the CRANTEE and its
successors and assigns, an easement for water and sewer mains, with authority
to enter upon, construct, maintain and operate such water and sewer mains across,
und~r and upon the following described lands situated 1n SEMINOLE County,
Florida. subject to any previous granted easements. to-wit:
The property as described on Exhibit A attached hereto.
TO HAVE AND TO HOLD said easement unto the said GRANTEE and its assigns
forever.
THE GRANTEE herein and its Huccessors a~d assigns shall have the right to
clear and keep clear trees, undergrowth and other obstructions that interfere
with operation or maintenance of the water and sewer mains constructed by the
said CI~TEE and its successors and assigns. GRANTEE shall replace any grass,
trees, shrubs, or other plant material. and any disturbed paving, fences,
irrigation lines or any other normal improvements which do not interfere with
the operation of the water and sower mains. if said plant materials or paving
imp~vement8 are damaged by GRANTEE or its successors and assigns in the act of
constru~tion, maintenance, or operation of the water and sewer mains, constructed
thereon. The CRANTOR and its successors and assigns agree not to build, construct
or create, nor permit others to build. construct or create any buildings or other
structure on the herein granted right-of-way that interfere with the operation
or maintenance of the water and sewer mains installed thereon. GRANTOR or its
assigns shall have the right to install grass, trees. shrubs or other plant
materials and any paving, fences, irrigation lines or any other normal improvements
as GRANTOR deems desirable provided that said plant materials or improvements
do not interfere with the operation or maintenance of the water and sewer mains
installed thereon. GRANTOR or its assigns may also utilize the'easement for
any purpose which does not interfere with the operation or maintenance of the
water and sewer ~ains installed thereon.
IN WITNESS WHEREOF, the said GRANTOR has caused these presents to be signed
in its name by its Representative on the date and year first above written.
Signed,' ~ea led ~ 11'le1"~.
1n z;ence . ',~ )
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STATE OF FLORIDA
COUNTY OF s..~M ;\1\.1'"'> le
I HEREBY CERTIFY that on this day personally appeared before me, an officer
fully authorized to administer oaths and take acknowledgements,
JAMES L. HARRIS , as EXECUTIVE VICE PRESIDENT of
FLORIDA LAND COMPANY and he acknowledged
before me that he executed the foregoing document ~s such officer of said
corporation and he acknowledged before me that he executed the same freely
and voluntarily for the purposes therein expressed.
WITNESS my hand and official seal this 27th day of '~RCH ,l9~ .
DT.nv PU3L!C STATE OF fLC~I~~
MY CGN~rSS1CN EX? JCL 13,:9aa
BONDED THRU GENERAL INS. U!lU. ...
2/15/84
.
. .... ...
"" .
PAGE 2 OF 2
EXHIBIT A
Legal Description: of a 20.00 foot utility easement:
That portion of "North Orlando Ranches, Section Twelve" as recorded in Plat
Book 13, Pages 24-25, of the Public Records of Seminole County, Florida, being
more particularly described as follows:
For a point of reference commence at the Southeast corner of the Highlands
Section Seven and Eight, as recorded in Plat Book 25, Pages 16 and 17,
Public Records of Seminole County, Florida said point also being on the
Westerly boundary line of Oviedo Farms as recorded in Plat Book 6, Page 86,
Public Records of Seminole County, Florida; thence run S.00054'58''E. along
said Westerly boundary line of Oviedo Farms and the East boundary of. the
aforementioned plat of North Orlando Ranches section twelve 953.62 feet;
thence S.89005'00"W. 833.05 feet for a Point of Beginning of a 20.00 foot
utility easement lying 10.00 feet left and 10.00 feet right of the following
described centerline; run thence S.0503l'44"E. 40.90 feet to the Easterly
boundary line of the Highlands Section Two and the point of termination of this
description.
Containing 0.0188 acres, more or less.
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MAR 31 1986
CITY of WINTER SPRINGS
CIiY MANAGER
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JAMES E. ALDERMAN SUITE 1100
SILVIA MORELL ALDERMAN 135 WEST CENTRAL BOULEVARD
FREDERICK L. BATE MAN, JR. POST OFFICE BOX 640
EDMUND T. BAXA.JR. ORLANDO, FLORIDA 32802-0640
DANIEL O. BRAD LEV• 1305) 426-3939
J EAN ELLE G. BRONSON
PAUL F. BRYAN
JAMES A. BURT -.
DWIGHT I. COOL
MARGUERITE H. DAVIS
CHARLES R. GEORGE III
EDWARD E. HADDOC K.JR.
MITCHELL B. HAIGLER
JANE C. HAYMAN
ROBERT A.HENDERSON
ELIZABETH CROFT JEW ETT
ALLAN J. KATZ
CM RISTO PM ER K. KAY
FRANK C.KRUPPENBACHER
EDWARD L. KUTTER
THOMAS F. LANG
•ADMITTED IN ONTO AND GEORGIA ONLY
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SUITE 800
BARNETT BANK BUILDING
31S SOUTH CALHOUN STREET
TALLAHASSEE, FLORIDA 32301
(9041 224.9634
TELEX 33-3627
20 0 SEMINOLE STREET
POST OFFICE BOX 538 SUITE 30i
STUART, FLORIDA 33495 III ORANGE AVENUE
(305) 287-8822 FT PIERCE, FLORIDA 33450
(3 051 466-9119
REPLY TO~ ORLANDO
March 28, 1986
PETER G. LATMAM
ROBERT R. MAKEMSON
JAMES H. MtCARTY, JR.
JOSEPH R. PAN2L
ROBERT A. SAVILL
DAVID N. SOWER BY
ROBERT P. SUMMERS
RICHARD R. SWANN
STEPHEN E. THOMPSON
MARTIN B. UNGER
MARK S. WALKER
JAMES G. WILLARD
OF COUNSEL:
EDWARD S. JAPERY
DAVID C. LATHAM
PATRICK F. MARONEY
PERVIE P. SWANN (IB9b-1984)
Mr. Richard Rozansky
City Manager
1126 East State Road 434
Winter Springs, Florida 32708
Re: Possible Well Field Sites in
Foxmoor and North Orlando Terrace
Dear Dick:
At your request, we have confirmed that Florida Land is
the owner in fee under the drainage easement of the parcels
in Foxmoor and North Orlando Terrace on which you wish to
construct well fields for the utility.
Although Florida Land does possess the apparent capacity
to transfer the land to the City, an argument can be made that
any development of the subject property must receive prior
approval of the Community Appearance Committee in Foxmoor and
the committee selected for this purpose by the owners of a
majority of the lots in North Orlando Terrace.
It is our recommendation that the easiest way to avoid any
dispute in this matter as to whether the committees have any
jurisdiction is to have the members of the committees consent
to the conveyance, understanding that the purpose of the con-
veyance is for the establishment of well fields and to have
them waive their right to object to construction on the property.
,~ .~ ,
~~~~~
Mr. Richard Rozansky
March 28, 1986
Page Two
If you are unable to obtain a consent, we r-ecommend that
you consider beginning condemnation proceedings to eliminate
whatever rights, if any, the homeowners may have.
If you have any questions, please contact me.
Very tru yours,
\~ Y
Thomas's Lang
TFL/tp
cc: Mr. Terry Zaudtke
FLORIDA
LAN D
COMPANY
~~ February 9, 1987
// Mary T. Norton, City Clerk
City of Winter Springs
1126 East State Road 434
Winter Springs, FL 32708
Re: Quit Claim Deed - Water Well Field
Dear Mrs. Norton:
This is to acknowledge receipt of ypur letters dated 1/23/87 and
2/3/87 concerning the above. We have reviewed these letters and
the documents attached thereto.
Please consider this our concurrence to the minor crianges made
to the legal descriptions and the recording of the Quit Claim
Deed. If we may be of further assistance please advise.
It is a pleasure working with you on this matter. We shall look
forward to enjoying a continued good working relationship and
spirit of cooperation with the City in all of our mutual endeavors.
Si cerely,
Gerald L. Chancellor
Vice President
sll
cc: Dick Rozansky, City Manager
Tom Lang, Esquire
FLORIDA
LAND
COMPANY
CNA TOWER, SUITE 900
255 SOUTH ORANGE AVENUE
ORLANDO, FLORIDA 32801
305-422-2266
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CITY OF WINTER ~PRINaS 1312 2
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11~ i:A. 4101414 ~~ ~` ~ ~ ~M
WINTER SPRiNiiS. FLORiDA;82708
4~ Feb. 12 ~0~7
~y RRANTY
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apoeMia Clerk of the Circuit Court -Recording Office .,,,w, Q, ., w,___ ___--__~_
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x•0013 i 2 2r ~+:0 6 3 L0 50 2 3~~ 0 2 ~ 50000 f, 4~• ,
w-w•Y..~Yw~ M.M.
+V~ DETACFI AlIIO ItRTA11~ TNIf STATEMENT ~ ~ i ~ ~ ~'~ ~` ~`'
TMt ATTACMtD CXtCK If IN MYM[NT OF ITtMR O[rCRiRtp u~,pry, p ~pT CORRtCT rltAt[ NOTIIY Yi YROMhTLY. NO RtCtIRp<f1Rtp, `- ~ i
CITY. OF WINTER SP11IN08 • GENERAL FUND
DATE DEBCRtPT10N :;
A-IrlOUNT
Z/l2/8 .Recording Quick Claim Deed ~ Utility Easements ~,o ,...
12-49.5
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~Y11NTE,q'
F,~~'d~ .~'"'°'' ~< ~~ , , CITY OF WINTER SPRINGS, FLORIDA
~V ' ~ ;
• - 1126 STATE ROAD 434
~+r ~` mo,,,,,,,,~~'" WINTER SPRINGS, FLORIDA 32708
?~'~~ ,`~'; - ` ~ Telephone (305) 327-1800
January 23, 1987
Mr. James L. Harris
Executive Vice President
Florida Land Company
CNA Tower, Suite 900
255 S. Orange Ave.
Orlando, FL 32801
Dear Mr. Harris:
Enclosed please find copy of a Quit-Claim Deed from your Company
to the City for purposes of a well field. I understand Exhibit "A"
is a corrected legal description.
Upon your review and your concurrence, the City will proceed to record
the Deed.
If there is any further information you may need, please call this
office.
Yours very truly,
CITY OF WINTER SPRINGS
~-~~ i J~_
Mary T. Norton,
City Clerk
Enc. 1
cc: City Manager
~td,~o~,airu~i ~~~za~~vc~
JAMES E.ALD ERMAN SUITE 1100
SILVIAMORELL ALDERMAN 135 WEST CENTRAL BOULEVARD
RAN DAL M. ALLIGOOD POST OFFICE BOX 640
FREDERICK L.BATE MAN,JR. ORLAN DO, FLORIDA 32802-0640
EDMUND T. BAXA,JR. (305)425-3939 '
DANIEL O. BRADLEYw
JEANELLE G. BRONSON
PAUL F. BRYAN
JAMES A.BURT
DWIGHT I. COOL
MAROU ERITE H. DAVIS
MARTIN R. DIX
CHARLES R.GEORGE III
EDWARD E.HADDOCK,JR.
MITGH ELL B. HAIG LER
JANE C. HAYMAN
ROBERT A.HENDERSON
ALLAN J. KATZ
CHRISTOPHER K. KAY
FRANK C. KRUPPENBACHER
EDWARD L. KUTTER
THOMAS F. LANG
wADMITTED IN OHIO AND GEORGIA ONLY
SUITE 800
BARNETT BANK BUILDING
315 SOUTH CALH OUN STREET
TALLAHASSEE, FLORIDA 32301
(9 041 224-9 6 34
TELEX 33-3627
PETER O. LATHAM
RICHARD P. LEE
ROBERT R. MAKEM SON
JAMES H. McCARTY, JR.
JOSEPH R. PANZL
ROBERT A. SAVILL
DAVID N. SOW ER BY
ROBERT P. SUMMERS
RICHARD R.SWANN
STEPHEN E. THOM PEON
MARK S. WALKER
JAMES G. WILLARD
LETITIA E. WOOD
200 SEMINOLE STREET
POST OFFICE BOX 538 SOUTHEAST BANK BUILDING
STUART, FLORIDA 33495 300 SOUTH 6TH STREET
(305) 287-8622 FT. PIERCE, FLORIDA 33450
(305) 466-9119
REPLY TO: ORLANDO
April 30, 1986
Mr. Richard Rozansky
City Manager
City of Winter Springs
1126 East State Road 434
Winter Springs, Florida 32708
OF COUNSEL:
EDWARD S.JAFFRY
DAVID C. LATHAM
PATRICK F. MARONEV
PERVIE P. SWANN (1895-1984)
Re: Utility Easement/Quit-Claim Deed--(Water Well Location)
Dear Dick:
Pursuant to your request I have reviewed the Quit-Claim Deed
to you from Florida Land of the two parcels you wish to acquire
for well fields.
The deeds appear to be in order, however, we noted typograph-
ical errors in both legal descriptions attached to the deed. We
have prepared, for your convenience, corrected versions of the legal
descriptions.
----a~,. At this time, since the deed has not been recorded, all that is
necessary to assure a proper transfer of title is for you to notify
Florida Land of the change in the legal descriptions and then record
the deed after receiving Florida Land's permission and sign-off.
-~.In addition, we have reviewed the easement which you submitted
to us. After talking with Terry Zaudtke, we understand that the
easement is to maintain the force main to the Dayron ponds. At this
time, and without verifying the legal description, the easement
appears to be in order.
Cc~s •. I~sw s
cpH . Z•w~
~~6~"~~0
~ '' is Ta .~4-
" ' ~ ~,~, CITY of WINTER SPRINGS
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Mr. Richard Rozansky
April 28, 1986
Page Two
If you have any questions concerning these matters, please
contact me.
Sin erely,
Th
TFL/dg
enclosures
cc: Terry Zaudtke (with enclosures)