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Home My WebLink AboutMNH Enterprises, Inc.-Easement Agreement- 2007 07 30 111111111111111111111111111111111111111111111111111111111111 This instrument prepared by ~ and to be returned to: Richard E. Danley, Jr., Esquire LOWNDES, DROSDICK, DOSTER, KANTOR & REED, P.A. 215 North Eola Drive Orlando, Florida 32801 MARYANNE MORSE, CLERK OF CIRCUIT COURT SEMINOLE COUNTY 6K ~3 Pql 1344 - 1350; (7pgs) CLERK'S # 2007125647 RtCORDED 08/29/2007 01121:13 PM DEED DOC TAX 0.70 RECORDING FEES 61.. RECORDED BY H DeVore FIRST AMENDMENT TO PUBLIC UNDERGROUND UTILITY EASEMENT THIS FIRST AMENDMENT TO PUBLIC UNDERGROUND UTILITY EASEMENT (hereinafter referred to as the" FIRST AMENDMENT") is made and entered into as of the 30tlrlayof July 2007, between MNH ENTERPRISES, INC., a Florida corporation (the "Grantor"), whose address is 1101 N. Maitland Avenue, Maitland, Florida 32751, and the CITY OF WINTER SPRINGS, FLORIDA, a Florida Municipal Corporation, (the "City"), whose address is 1136 East State Road 434, Winter Springs, Florida 32798. RECIT ALS: A. Grantor is the fee simple owner of that certain real property known commonly as Golf Pointe Villas At The Highlands, 430 Sheoah Boulevard, Winter Springs, Florida 32708 located in Seminole County, Florida, more particularly described on Exhibit "A" attached hereto and made a part hereof ("Golf Pointe"). B. Grantor and Grantee previously entered into a Public Underground Utility Easement dated April 6, 2006, recorded April 19, 2006 in Official Records Book 6209, Page 1857; re- recorded on May 3, 2007 in Official Records Book 6681, Page 1321, Public Records, Seminole County, Florida, and re-recorded May 22,2007, in Official Records Book 6701, Page 891, in the Public Records of Seminole County Florida (the "Original Easement"). C. The Original Easement grants to the City four (4) separate underground utility easements known respectively therein as "Easement "A". Easement "B". Easement "C" and Easement "D" (herein so called). D. The legal description for Easement "A" attached to the Original Easement is incorrect and the Golf Pointe building encroaches into Easement "A". Grantor and the City now desire to amend and revise the Original Easement to delete the legal description for Easement "A" as shown on the Original Easement and substitute for the same, for all purposes, the legal description set forth on that certain Sketch and Description for Utility Easement A attached hereto as Exhibit" A" and by reference incorporated herein ("Corrected Easement A"). 0038600\ 127067\ 1 074573\2 NOW, THEREFORE, in consideration of the premises and the mutual covenants, terms and conditions set forth herein, the receipt and sufficiency of which is hereby acknowledged, the Grantor and the City agree as follows: 1. Amendment of Legal Description. The legal description for Easement "A", as attached to the Original Easement, is hereby deleted for all purposes and shall be without further force or effect. The legal description for Corrected Easement "A" attached hereto as Exhibit "A" is hereby substituted for an is the permanent legal description for Easement "A" under the Original Easement. Grantor hereby grants to the City the Corrected Easement "A", which is a portion of the Golf Pointe property, is an underground, public-utility easement held by the City, and is granted on the same terms and conditions and for the same purposes set forth in the Original Easement, including but not limited to, sanitary sewer and potable water lines and meters (as the case may be) for the use and benefit of the Golf Pointe property and the City. 2. Recordation. Grantor shall record this First Amendment at Grantor's expense in the Public Records, Seminole County, Florida. Grantor shall hold the City harmless from any recording costs or fees necessary to record this First Amendment in the Public Records, Seminole County, Florida. 3. Ratification. Except as amended by this First Amendment, each of the parties hereby confirms that the Original Easement is in full force and effect and is hereby ratified and confirmed. Easement B, Easement C and Easement D are unchanged and remain in full force and effect with the legal descriptions for the same as attached to the Original Easement. 4. Successors. The covenants, terms, conditions and restrictions of this First Amendment shall be binding upon, and inure to the benefit of, the parties hereto and their respective heirs, personal representatives, successors and assigns and shall continue as a servitude running in perpetuity with the Property. 5. CounteIparts. This instrument may be executed in counterparts, all of which, taken together, shall constitute a single instrument. [SIGNATURE PAGE TO FOLLOW] 0038600\127067\1074573\2 IN WITNESS WHEREOF, Grantor and the City have caused this instrument to be executed and delivered by their respective duly authorized officers or agents to be and become effective as of the day and year first above written. Signed, sealed and delivered in the presence of the following witnesses: MNH ENTERPRISES, INC, a Florida corporati " ~~. Signamq)i~s) ~}S Printed Name 0 itness By: Printed ame: Talal E. Hilal Title: President Date: ~2007 CITY OF WINTER SPRINGS . pr~ ~-;;) Name: ~N A c.P w.,H ~_,I" C.-H rA C" Title: c { ~. '1 At. A ;'k"( ~ c ..--< ~1> ' .,'" ~lz~ Sianature of Witness I \5 (l0-l\ h'el 0.- \ Printed Name of Witness Date: 7- f) --0""" 0038600\ 127067\ 1 074573\2 STATEOF~ COUNTY OF Q 'I..O.V\~ The foregoing instrument was acknowledged before me this ~day of July, 2007, by Talal E. Hilal, as President of MNH Enterprises, Inc., a Florida corporation, on behalf of the corporation. <lIe is personally known to ~.sor has produced as identification. (NOTARY SEAL) -G.\~ ~ ~ Notary Public\Signature AFIEN J. CASEY C~MARMY ,PSUBSLIC' STATE OF FLORIDA ION # 00211612 EXPIRES 08/17/2007 BONDED THRU 1.eee.NOTARVl ti~\e_\A 3. CAsey (Name typed, printed or stamped) Notary Public, State of 'F'O~ldCA Commission No.: no.1 n b \.1 My Commission Expires: oq;. I'. t:)D()7 STATE OF ~\o\Li.dc. COUNTY OF O~{V The foregoing instrument was acknowledged before me this 3O~ day of ,\11 k, , 2007, by Ronald E. McLemore, as City Manager of City of Winter Springs, a Flo~l corporation, on behalf of the corporation. He is personally known to me or has produced as identification. (NOTARY SEAL) ~1l~ Notary Pubhc SIgnature ~YPll~ ~~ if, . . ~~ Of ,,-01 Notary Public State of Florida Danielle Harker My Commission 00663371 Exoires 04/15/2011 DtlV\I~II-(. lhu~cr (Name typed, printed or stampe.d) Notary Public, State of Flo~Ja a... Commission No.: -.DD l./J/ t'd~ My Commission Expires: I '2D 11 0038600\127067\1074573\2 UTILITY EASEMENT "A" SKETCH AND DESCRIPTION THE HIGHLANDS SECnON THREE (THIS IS NOT A SURVEY) EXHIBIT "A" Legal Description: A PORTION OF TRACTS E AND I, THE HIGHLANDS SECTION THREE, CITY OF WINTER SPRINGS, AS RECORDED IN PLAT BOOK 17, PAGES 48 AND 49, PUBLIC RECORDS OF SEMINOLE COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE SOUTHEAST CORNER OF TRACT D OF SAID PLAT, THE HIGHLANDS SECTION THREE; THENCE S 85'11'58" W, ALONG THE SOUTH LINE OF SAID TRACT D, A DISTANCE OF 70.00 FEET; THENCE DEPARTING SAID SOUTH LINE RUN; THENCE RUN N 36.50'38" W, 217.13 FEET; THENCE RUN N 44.47'02" W, 177.77 FEET; THENCE RUN N83"36'38" W, 315.32 FEET; THENCE RUN N 10.21'05" W, 310.54 FEET; THENCE RUN N 57"33'00" E, 150.51 FEET; THENCE RUN N 66.29'30" E, 340.92 FEET; THENCE RUN N 27"13'43" E, 153.87 FEET; THENCE RUN N 06.52'27" E, 72.74 FEET; THENCE RUN S 68.35'20" E, 87.08 FEET; THENCE RUN N 21.24'40" E, 49.47 FEET; THENCE RUN N 68"35'20" W, 14.65 FEET TO THE POINT OF BEGINNING; THENCE RUN N 06.57'14" E, 13.61 FEET; THENCE RUN S 83.21'00" E, 2.60 FEET; THENCE RUN N 06.39'00" E, 5.00 FEET; THENCE RUN S 83.21'00" E, 6.00 FEET; THENCE RUN N 06.39'00" E, 49.45 FEET; THENCE RUN S 83"21 '00" E, 13.03 FEET; THENCE RUN S 06.30'17" W, 1.44 FEET; THENCE RUN S 51.05'08" E, 33.33 FEET; THENCE RUN N51.30'17" E, 3.59 FEET; THENCE RUN N 07"55'57" E, 45.71 FEET; THENCE RUN N 83"29'43" W, 5.88 FEET; THENCE RUN N 06.39'00" E, 15.00 FEET; THENCE RUN S 83"29'43" E, 6.31 FEET; THENCE RUN N 07"55'57" E, 13.01 FEET; THENCE RUN N 38.29'43" W, 9.31 FEET; THENCE RUN N 06.39'00" E, 14.90 FEET; THENCE RUN S 83"21'00" E, 12.84 FEET; THENCE RUN N 06.39'00" E, 9.70 FEET; THENCE RUN N 83"21 '00" W, 5.51 FEET; THENCE RUN N 07"58'16" E, 18.72 FEET; THENCE RUN S 83.21'00" E, 5.16 FEET; THENCE RUN N 06.39'00" E, 9.90 FEET; THENCE RUN N 83"21'00" W, 4.93 FEET; THENCE RUN N 07"58'16" E, 15.09 FEET; THENCE RUN N 83.29'43" W, 8.33 FEET; THENCE RUN N 06.39'00" E, 15.00 FEET; THENCE RUN S 83"29'43" E, 8.68 FEET; THENCE RUN N 07"58'16" E, 32.03 FEET; THENCE RUN N 83"29'43" W, 9.42 FEET; THENCE RUN N 06.39'00" E, 15.00 FEET; THENCE RUN S 83"29'43" E, 9.77 FEET; THENCE RUN N 07"58'16" E, 29.55 FEET; THENCE RUN N 83.29'43" W, 10.45 FEET; THENCE RUN N 06"39'00" E, 15.00 FEET; THENCE RUN S 83"29'43" E, 10.80 FEET; THENCE RUN N 07.58'16" E, 16.45 FEET; THENCE RUN N 89.51'43" W, 15.92 FEET; THENCE RUN N 83"29'43" W, 10.26 FEET; THENCE RUN N 06.39'00" E, 7.56 FEET; THENCE RUN N 83"21'00" W, 3.94 FEET; THENCE RUN N 06.30'17" E, 7.56 FEET; THENCE RUN S 85"25'38" E, 8.96 FEET TO A POINT ON A NON-TANGENT CURVE CONCAVE TO THE SOUTHWEST HAVING A RADIUS OF 339.78 FEET, A CENTRAL ANGLE OF 12"16'21" AND A CHORD BEARING OF N 55.32'02" W; THENCE ALONG THE ARC OF SAID CURVE RUN 72.78 FEET TO A POINT; THENCE RUN N 23.01'18" E, 15.06 FEET TO A POINT ON THE WESTERLY RIGHT OF WAY LINE OF SHEOAH BOULEVARD SAID POINT BEING ON A NON- TANGNET CURVE CONCAVE TO THE SOUTHWEST HAVING A RADIUS OF 354.78 FEET, A CENTRAL ANGLE OF 20.50'11" AND A CHORD BEARING OF S 51.28'23" E; THENCE ALONG THE ARC OF SAID CURVE AND WESTERLY RIGHT OF WAY LINE RUN 129.02 FEET TO A POINT; THENCE DEPARTING SAID WESTERLY RIGHT OF WAY LINE RUN S 45.16'31" W, 4.62 FEET; THENCE RUN S 07"58'16" W, 258.00 FEET; THENCE RUN S 51.30'17" W, 19.52 FEET; THENCE RUN S 38"29'43" E, 9.89 FEET; THENCE RUN S 51.30'17" W, 15.00 FEET; THENCE RUN N 38.29'43" W, 9.89 FEET; THENCE RUN N 83.29'43" W, 36.01 FEET; THENCE RUN S 06.57'30" W, 13.59 FEET; THENCE RUN S 51"30'17" W, 24.62 FEET TO THE POINT OF BEGINNING. CONTAINING 0.26 ACRES (11,194 SQUARE FEET) MORE OR LESS. NOTE: 1. NOT VALID WITHOUT THE SIGNATURE AND THE RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER. 2. BEARINGS ARE BASED ON SOUTH LINE OF TRACT "D" BEING S 85"11'58" W, PER THE HIGHLANDS SECTION THREE, AS RECORDED IN PLAT BOOK 17 PAGES 48 AND 49, PUBLIC RECORDS OF SEMINOLE COUNTY, FLORIDA. 3. THE LANDS SHOWN HEREON WERE NOT ABSTRACTED FOR RIGHTS OF WAY, EASEMENTS, OWNERSHIP, OR OTHER INSTRUMENTS OF RECORD BY THIS FIRM. SEE SHEET 2 OF 3 FOR SKETCH AND 3 OF 3 FOR LINE/CURVE TABLES PROJECT 07001 (ESMT-A-SD.DWG) 7-28-2007 SHEET 1 OF J PREPARED BY: ASSOCIA TED LAND SURVEYING & MAPPING, INC. SUR~ MAPPER I~RGE '- ..~ --.. ~ DAVID JM. McDERMOTT FLORIDA REGISTERED SURVEYOR AND MAPPER CERnFlCA TE No. 4779 Associated Land Surveying & Mapping, Inc. 110 WYMORE ROAD, SUITE 111, ALTAMONTE SPRINGS, FLORIDA 32714 PH (407) 869-5002, FAX (407) 869-8393 CERTIFlCATE OF AUTHORIZATION # LB 6767 UTILITY EASEMENT "A" SKETCH AND DESCRIPTION THE HIGHLANDS SECTION THREE (THIS IS NOT A SURVEY) 01 -J Point of Commencement SE CORNER OF TRACT "0" THE HIGHLANDS SEC110N THREE PLAT BOOK 17, PAGES 48-49 ~ I" = 60' SEE SHEET 1 OF 3 FOR LEGAL AND 3 OF 3 FOR UNE/CURIIE TABLES PROJECT 07001 (ESMT-A-SD.DWG) 7-28-2007 SHEET 2 OF 3 Associated Land Surveying &: Mapping, Inc. 110 WYMORE ROAD, SUITE 111, ALTAMONTE SPRINGS, FLORIDA 32714 PH (407) 869-5002, FAX (407) 869-8393 CERTIFICATE OF AUTHORIZATION # LB 6767 UTILITY EASEMENT "A" SKETCH AND DESCRIPTION THE HIGHLANDS SECTION THREE (THIS IS NOT A SURVEY) LINE TABLE LINE TABLE LINE LENGTH BEARING LINE LENGTH BEARING L1 70.00 S85.11'58'1,/ L33 5.16 S83.21'00'E L2 217.13 N36.50'38'1,/ L34 9.90 N06.39'00'E L3 177.77 N44. 4 7'02'1,/ L35 4.93 N83.21'00'1,/ L4 315.32 N83.36'38'1,/ L36 15.09 N07"58'16'E L5 310.54 N10.21'05'1,/ L37 8.33 N83.29' 43'1,/ L6 150.51 N57"33'00'E L38 15.00 N06.39'00'E L7 340.92 N66.29'30'E L39 8.68 S83.29' 43'E L8 153.87 N27"13' 43'E L40 32.03 N07"58'16'E L9 72.74 N06.52'27'E L41 9.42 N83.29' 43'1,/ LlO 87.08 S68.35'20'E L42 15.00 N06.39'00'E Ll1 49.4 7 N21.24' 40'E L43 9.77 S83.29' 43'E Ll2 14.65 N68.35'20'1,/ L44 29.55 N07"58'16'E Ll3 13.61 N06.57'14'E L45 10.45 N83.29' 43'1,/ Ll4 2.60 S83.21'00'E L46 15.00 N06.39'00'E Ll5 5.00 N06.39'00'E L47 10.80 S83.29' 43'E Ll6 6.00 S83.21'00'E L48 16.45 N07"58'16'E Ll7 49.45 N06.39'00'E L49 15.92 N89.51' 43'1,/ Ll8 13.03 S83.21'00'E L50 10.26 N83.29' 43'1,/ Ll9 1.44 S06.30'17'1,/ L51 7.56 N06.39'00'E L20 33.33 S51.05'08'E L52 3.94 N83.21'00'1,/ L21 3.59 N51.30'17'E L53 7.56 N06.30'17'E L22 45.71 N07"55'57'E L54 8.96 S85.25'38'E L23 5.88 N83.29' 43'1,/ L55 15.06 N23.01'18'E L24 15.00 N06.39'00'E L56 4.62 S45.16'31'1,/ L25 6.31 S83.29' 43'E L57 258.00 S07"58'16'1,/ L26 13.01 N07"55'57'E L58 19.52 S51.30'17'1,/ L27 9.31 N38.29' 43'1,/ L59 9.89 S38.29' 43'E L28 14.90 N06.39'00'E L60 15.00 S51.30'17'1,/ L29 12.84 S83.21'00'E L61 9.89 N38.29' 43'1,/ L30 9.70 N06.39'00'E L62 36.01 N83.29' 43'1,/ L31 5.51 N83.21'00'1,/ L63 13.59 S06.57'30'1,/ L32 18.72 N07"58'16'E L64 24.62 S51.30'17'1,/ CURVE TABLE CURVE RADIUS DELTA LENGTH CHORD BEARING C1 339.78 12.16'21 ' 72.78 N55.32'02'1,/ C2 354.78 20.50'11' 129.02 S51.28'23'E 7-28-2007 SEE SHEET 1 OF 3 FOR LEGAL AND 2 OF 3 FOR SKETCH PROJECT 07001 (ESMT-A-SD.DWG) SHEET 3 OF 3 Associated Land Surveying cfc Mapping, Inc. 110 WYMORE ROAD, SUITE 111, ALTAMONTE SPRINGS, FLORIDA 32714 PH (407) 869-5002, FAX (407) 869-8393 CERTIFICATE OF AUTHORIZATION # LB 6767 Lowndes Drosdick Doster r ~ Kantor l)L Reed, EA. RICHARD E. DANLEY, JR. DIRECT DIAL: 407-418-6339 NORTH EOLA DRIVE OFFICE POST OFFICE Box 2809 ORLANDO, FLORIDA 32802-2809 richard.danley@lowndes-law.com A T TOR N E v S A T LAW ..,........ iTi MERITAS LAW FIRMS WORLDWIDE September 5, 2007 Brian Fields, P.E., City Engineer City of Winter Springs Public Warks Department/City Engineer 1126 E. State Road 434 Winter Springs, FL 32708 Re: First Amendment to Public Underground Utility Easement, Easement A in favor of the City of Winter Springs for the Golf Pointe at The Highlands Property located at 430 Sheoah Boulevard, Winter Springs, Florida 32708, Recorded August 29, 2007, in OR Book 6803, Page 1344, Public Records, Seminole County, Florida Dear Brian: Enclosed please find the original recorded First Amendment To Public Underground Utility Easement, recorded August 29,2007, in OR Book 6803, Page 1344, Public Records, Seminole County, Florida, for the City's permanent files. If you have any questions, please call the undersigned. Sincerely, Richard E. Danley, Jr. RED/mer Enclosures cc: Dr. Talal Hilal and Nadia Hilal (via e-mail) 0038600\ 127067\ 1088684\ 1 215 NORTH EOLA DRIVE ORLANDO, FLORIDA 32801-2028 TEL: 407-843-4600 . FAX:407-843-4444 . www.lowndes-law.com 450 SOUTH ORANGE AVENUE, SUITE 250 ORLANDO, FLORIDA 32801-3383