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Home My WebLink AboutSchrimsher Land Fund Public Underground Utility Easement 2002 12 09 Prepared by and return to: " Brown, Ward, Salzman & Weiss, PA Attn: Anthony A. Garganese, Esquire 111 N. Orange Avenue, Suite 875 Orlando, Florida 32801 PUBLIC UNDERGROUND UTILITY EASEMENT This Grant of Public Unde'rground Utility Easement is made this q f1.,day of December, 2002, by SCHRIMSHER LAND FUND 86-11, LTD., a Florida Limited Partnership, SCHRIMSHER LAND FUND V, LTD., a Florida Limited Partnership, and SCHRIMSHER LAND FUND VI, LTD., a Florida Limited Partnership (hereinafter collectively called "Grantor"), in favor of the CITY OF WINTER SPRINGS, FLORIDA, a Florida municipal corporation ("Grantee"). WIT N E SSE T H: WHEREAS, Grantor is the sole owner in fee simple of certain real property in the' City of Winter Springs, Seminole County, Florida; and WHEREAS, this Easement is necessary to provide for the adequate public utilities needed to service the property which will become City of Winter Springs, Town Center; more specifically to provide for underground water and/or sewer utilities; and WHEREAS, Grantor desires to convey a public underground utility easement under and through 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, Grantor and Grantee believe that this public underground utility 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. NOW, THEREFORE, in cQnsideration of the enumerated public purposes stated herein, and the 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: ORLDOCS 10118872.2 LKF 1. Grant of Easement. Grantor hereby voluntarily grants and conveys to Grantee, its successors and assigns, on behalf of the public, a nonexclusive and perpetual underground public utility easement under and through 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"). . 2. Purpos.e of Easement. This public underground utility easement is granted for the . express purpose of allowing the Grantee to install, operate,' and maintain public utilities. under and through the Easement Property to provide for potable water, reclaimed water and/or sewer services. Grantee shall also be allowed to install valve covers for water lines and sewer manhole covers for the sewer lines at or slightly above grade-level elevation. 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 nonexclusive and perpetual use of the Easement Property to install, operate, and maintain public underground utilities to provide for potable water, reclaimed water and/or sanitary sewer; b. except as provided in Section 4 below, 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 Easement Property that may be damaged by an inconsistent activity or use; c: to use this Easement or ingress and egress over, upon and through the Easement Property for the repair and maintenance of the utilities; d. except as provided in Section 4 below, to cut, 'trim, and keep clean such trees, brush, and undergrowth that might hinder or prohibit Grantee's and the public's use of the Eas'ement Property; e. to maintain, inspect, replace, repair and improve the Easement Property 'consistent with the purposes set forth herein; f. to maintain, inspect, improve, replace or repair the landscaping on the Easement Property. 4. Reservation of Rights of Grantor. Notwithstanding any other provision herein to the contrary, the Grantor hereby reserves, for the benefit of the Grantor, its successors and assigns, the right to use the Easement Property for any and all ORLDOCS 10118872.2 LKF 2 purposes that do not unreasonably interfere with the Grantee utilizing the Easement Property for underground utility easement purposes. For example, without limitation, the Grantor shall be entitled to construct and/or install within and upon the Easement Property, underground utilities, roadways, driveways, landscaping, irrigation facilities, and/or other improvements that do not unreasonably interfere with the Easement Property from being utilized for underground utility easement purposes. 5. Maintenance and Repair. The Grantee shall bear the cost and responsibility to maintain and repair the underground utilities installed and/or constructed by Grantee within the Easement Property in.a state of good repair and safe condition. In the event any such maintenance or'repair results in the excavation or damage to any of the underground utilities, roadways, driveways, landscaping, irrigation facilities and/or other improvements that are constructed and/or installed within and upon the Easement Property by Grantor pursuant to Section 4 above', the Grantee shall bear the cost and respc:>nsibility to repair, replace and/or restore such improvements to the condition to which they existed prior to such damage and/or excavation. 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, shaWnot surcharge or overburden the Easement and the use of the Easement Property as provided hereunder. a.Remedies for Default. The parties agree that, in the event of default, there may . not be an adequate remedy at law and, therefore, the aggrieved party shall be entitled to seek injunctive relief, including a mandatory injunction. 9. Easements Run with the Land. This Easement shall remain a charge against the Easement Property. The'refore, this Easement shall "run with the land" and be automatical,ly assigned by any deed orother conveyance cOlweying a portion of the Easement Property-relating to this Easement, eve,n though the conveyance makes , no reference to this Easemenfassuch. 10. Attorneys' Fees. In the event of any legal action arising under this Easement between the parties, the parties agree that the prevailing party, to the extent provided by law, 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, anytime as may be required to preserve its rights In this Easement. ORLDOCS 10118872.2 LKF 3 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 run~ing in perpetuity with the Easement Property. .13. Grantee's Right to Terminate. Grantee shall have the right to terminate this . Easement by written recorded notice of termination, at its sole and absolute discretion, if Grantee determines there is no longer a public need forthis Easement. 14. Grantor's Right to Terminate. Grantor shall have the right to terminate this Easement by written recorded notice of termination, at its sole and absolute discretion, if Grantee (i) has not completed the installation of the underground public utilities within the Easement Property within one (1) year following the Effective D.ate of this Easement or (ii) if Grantee, after installation of such underground public utility improvements fails to utilize the improvements or otherwise abc;lndons such underground public utility improvements for a period of two (2) years. [THIS SPACE IS INTENTIONAL] ORLDOCS 10118872.2 LKF 4 IN WITNESS WHEREOF, Grantor and Grantee have set forth their signatures on the day and year written below. . WITNESSES: ~A~N~~~-~' ~~ Printed Name: 'llf/e.s;/J/e... ORLDOCS 10118872.2 LKF GRANTEE: CITY OF WINTER SPRINGS By: !?fMNlV. ~ Printed Nar:ne: R,ttJAVJ t.J, ~(.LGtftJA.. Title: C l' '1 ,-k"''''' I\. trBA. GRANTOR: SCHRIMSHER LAND FUND 86-11, LTD., a Florida Limited Partnership By: Schrimsher Inc. General Partner By: . ~~~ Michael A. Schrimsher Vice President SCHRIMSHER LAND FUND V, LTD., a Florida Limited Partnership By: Schrimsher Inc. General Partner By: ~~ Michael A. Schrimsher Vice President 5 STATE OF FLORIDA COUNTY OF SEMINOLE SCHRIMSHER LAND FUND VI, . LTD., a Florida Limited Partriership By: Schrimsher Inc. General Partner - . BY:_~~.~ Michael A. Schrimsher Vice President The foregoing instrument was acknowledged before me this day of , 2002, by , as , on behalf of the City of Winter Springs. He is personally known to me OR has produced as identification. STATE OF FLORIDA COUNTY OF SEMINOLE Notary Public State of Florida at Large The foregoing instrument was acknowledged before me this ~ day of ......l\o.P.t!rnty,r, 2002, by Michael A. Schrimsher, as Vice President of Schrimsher, Inc., General Partner of Schrimsher Land Fund 86-11, Ltd., a Florida limited partnership. He is ORLDOCS 10118872.2 LKF 6 Rersonally. known -. to me OR ---- as identification. has produced STATE OF FLORIDA ot lic State of Florida at Large "\) WANDA L PENLAND Notary Public, State of Florida My comm. expires July 30. 2006 No. DO 119770 Bonded thru Ashton Agency, Inc. (800)451.4854 COUNTY OF SEMINOLE The foregoing instrument was acknowledged before me this 3-th. day of '1)e.c.e..t"r"\~ 2002, by Michael A. Schrimsher, as Vice President of Schrimsher, Inc., General Partner of Schrimsher Land Fund V, Ltd., a Florida limited partnership. He is personally known to me OR _ has produced 'as identification. a lic State of Florida at Large "\) WANDA L. PENLAND Notary Public, State of Florida My comm. expires July 30. 2006 No. DO 119770 Bonded Ihru Ashton Agency, Inc. (8001451-4854 STATE OF FLORIDA COUNTY OF SEMINOLE The foregoing instrument was acknowledged before me this 'fh day of .~ 2002, by Michael A. Schrimsher, as Vice President of Schrimsher, Inc., General Partner of Schrimsher Land Fund VI, Ltd:, a Florida limited pa rship. He is..personally known to me OR _ has produced as i entifi ati n. "\) WANDA L. PENLAND . Notary Public, State of Florida Mycomm. expires July 30, 2006 No. DO 119770 Bonded thru Ashton Agency, Inc, (8001451-4854 ORLDOCS 10118872.2 LKF 7 EXHIBIT "A" Page 1 of 4 Sheet 1 See Sketch of Description Included as Attachment II All TUSKA WILLA ROAD 11 FOOT UTILITY EASEMENT PARCEL ONE DESCRIPTION That part of Lots 4 through 7 Block "A", D.R. Mitchell's Survey of the Levy Grant as recorded in Plat Book 1, Page 5 of the Public Records of Seminole County, Florida being more particularly described as follows: Commence at the Southwestern most corner of Lot 31 St. Johns Landing as recorded in Plat Book 53, Pages 45 thru 49 of said Public Records, said point being a recovered concrete monument on the Easterly Right of Way of TUSKAWILLA ROAD (formerly Brantley Avenue) as recorded in Official Records Book 3225, Page 1829 of said Public Records; thence run North 59031' 3811 West along the Westerly prolongation of the South line of said Lot 31 for a distance of 15.00 feet to the Easterly Right of Way line of said TUSKAWILLA ROAD; thence run South 300 04' 5511 West along said Easterly Right of Way line for a distance of 1104.90 feet to the POINT OF BEGINNING; thence continue South 300 04' 5511 West for a distance of 1278.63 feet; thence run South 380 43' 16" East for a distance of 11.80 feet,' thence run North 300 04' 55" East along a line 11.00 feet East of and parallel to the Easterly Right of Way line of Tuskawilla Road for a distance of 1252.57 feet to a point on a Non Tangent curve concave Northwesterly having a radius of1110.99 feet and a chord bearing of North 100 08' 28" East; said point lying on the West Right of Way line of the C.S.x. Transportation Inc., "Lake Charm Branch" Rail Corridor; thence from said point run Northeasterly along the arc of said curve through a central angle of 010 39' 48" for an arc distance of 32.25 feet to the POINT OF BEGINNING. Containing 0.320 Acres More or Less & being subject to any Easements, Right of Ways or Restrictions of Record. . T02-B76 Revised: June 4, 2002 Prepared by: Tinklepaugh Surveying Services, Inc. 379 West Michigan Street Suite 208 Orlando, Florida 32806 (407) 422-0957 This description and the accompanying sketch or sketches has been prepared in accordance with the Standards set forth in Chapter 61 G 17, F.A.C., pursuant to Chapters 177 and 472, Florida Statutes. Unless it bears the signature and the original raised seal of a Florida licensed surveyor and mapper this drawing, sketch, plat or map is for infonnational pw-poses only and is not valid. ~U.I'~~ ROBERT W. MONACO P.S.M. # 5980 Date: ~o". 2(, '2001. ) ExmBIT "A" Page 2 of 4 ATTACHMENT I'A" SKETCH OF DESCRIPTION ~ 'AtJI -- NOT A SURVEY -- lll~ . ~~ A~~. ~i ~~( ~~ ~~~ ~ ~ ~ )~~~~~\ ~ It ~ $ ~ ~ 0 . / ~ ,~ " .~~~ ~ /0:\ t) "4> J ~ ~ 0" V ~ ~~- . ~ \ POINT Of' BEGINNING 11' UTILITY EASEMENT PARCEL ONE ~ 0" V '" "'-..1 =01"39' 48" R "1110.99' L =32.25' CB =N 10"08'28" E C =32.25'~ ABBREVIATIONS ~ ~ ~ 0" &- "" V 0 ~ ~lfl ~ $lY 0) ~ ~~ 0" {':ct ",' v ~~~. t:.. CEN TRAL ANGLE R RADIUS l ARC LENGTH , . C8 CHORD BEARING C CHORD . NT NON-TANGENT R/W RIGHT-OF-WAY t CENTERUNE ORB OfFIC1AL RECORD BOOK """ ',,- DRAWN BY: R. NIETO ORDER NO.: T02876 NOT TO SCALE DATE: 4/18/02 . Tinklepaugh j. SURVEYING SERVICES. INC. 379 WEST MICHIGAN ST.. SUITE 208. ORlANDO, Fl. 32606 (407) 422-0957 UCENSED BUSINESS No. 3776 REV. 11/26/02 GENERAl REVISIONS REV. 6/3/02 RENAME EASEMENT EXHIBIT "A" Page 3 of 4 Sheet 1 See Sketch of Description Included as Attachment "A" TUSKA WILLA ROAD 11 FOOT UTILITY EASEMENT PARCEL TWO DESCRIPTION . That part of Lots 3 and 4 Block "A", D.R. Mitchell's Survey of the Levy Grant as recorded in Plat Book 1, Page 5 of the Public Records of Seminole County, Florida being more particularly described as follows: Commence at the Southwestern most corner of Lot 31 St. Johns Landing as recorded in Plat Book. 53, Pages 45 tluu 49 of said Public Records) said point being a recovered concrete monument on the Easterly right of way of TUSKAWlLLA ROAD (formerly Brantely Avenue) as recorded in Official Records Book 3225, Page 1829 of said Public Records; thence run North 590 31' 38" West along the Westerly prolongatio.n of the South line of said Lot 31 for a distance of 15.00 feet to the Easterly Right of Way line of said TUSKAWILLA ROAD; thence run South 300 04' 55" West along said Easterly Right of Way line for a distance of 40.00 feet to the POINT OF BEGINNING; thence continue South 300 04' 55" West-for a distance of 836.47 feet to a point on a Non Tangent curve concave Southwesterly having a radius of 1210.99 feet and a chord bearing of South 000 20' 06" East; said point lying on the East Right of Way line of the C.S.x. Transportation Inc., "Lake Charm Branch" Rail Corridor; thence from said point run Southeasterly along the arc of said curve through a central angle of 010 01' 41" for an arc distance of 21.73 feet to a Point of Non Tangency; thence North 30004' 55" East along a line 11.00 feet East of and parallel to the Easterly Right of Way line of Tuskawilla Road for a distance of 855.13 feet; thence North 590 31' 38" West for a distance of 11.00 feet to the POINT OF BEGINNING. Containing 0.214 Acres more or less and being subject to any Easements, Right of Ways or Restrictions of Record. T02-A83:E2 Prepared by: Tinklepaugh Surveying Services, Inc. 379 West Michigan Street Suite 208 Orlando, Florida 32806 (407) 422-0957 This description and the accompanying sketch or sketches has been prepared in accordance with the Standards set forth in Chapter 61 G 17, FA c., pursuant to Chapters 177 and 472, Florida Statutes. Unless it bears the signature and the original raised seal of a Florida . licensed surveyor and mapper this drawing, sketch, plat or map jY infonnatio~ ses ol}ly and is not valid. /' '- .."'--------.- GE F. LI OlSE P.L #'3518 Date: ~ 7-0' -\ () ........... "'-- p-y- . EXHIBIT "A" - Page 4 of 4 ATTACHMENT "A" SKETCH OF DESCRIPTION -. NOT A SURVEY -- ABBREVIATIONS /). CEN TRAL ANGLE R RADIUS L ARC LENGTH CB CHORD BEARING C CHORD NT NON- TANGENT R/W RIGHT-OF-WAY <t CENTERLINE ORB OFFICIAL RECORD BOOK \ , ., :\" 'v0 / I IJ.t 8,9. d/, /7.Q j6'~ v' Iy :\') 'v0 :J ~ II) ~ ~ Ix L1 =01'01 '41". :\ R =1210.99' 'v0 L =21. 73' C&,=S 00'20'06" E C =2hZ3' , , , , , , , , , -,..- I \>' d- O :\'J 'v0 :\Xl 'v0 '? _,v~ o cf ..::::" " J~& .; &' <<J (j J... " ~. ~ ~ \). .!j Q.v -? Tinklepaugh SURVEYING SERVICES, INC. ORA WN BY: R. NI[rO ORDER NO.' roZABJEZ Nor TO SCALE OA r[: 2/18/02 379 WEST IAICHIGAN ST. . SUITE 2080 ORLANDO. FL. 32806 (407) 422-0957 UCENSED BUSINESS No. 3778