HomeMy WebLinkAboutWinter Springs, City of SR 434 Landscape Beautification Easement 2004 12 14
CITY OF WINTER SPRINGS, FLORIDA
1126 EAST STATE ROAD 434
WINTER SPRINGS, FLORIDA 32708-2799
Telephone (407) 327-1800
Prepared by:
City of Winter Springs
1126 East State Road 434
Winter Springs, FL 32708
Attn: City Manager
This original document
must be returned to
Karen Ponder, SCPS
S.R. 434 LANDSCAPE BEAUTIFICATION EASEMENT
THIS EASEMENT, made this -L!/.I.L day of :J).ut:A11- . '2oa'l by
The School Board of Seminole County, Florida, whose mailing address is 400 East Lake Mary
Boulevard, Sanford, Florida 32773 (hereinafter called "Grantor") in favor of the CITY OF
WINTER SPRINGS, FLORIDA, a Florida Municipal Corporation, whose mailing address is
1126 East State Road 434, Winter Springs, Fl32708 (hereinafter called "Grantee").
WITNESSETH
WHEREAS, Grantor is the sole owner of certain real property located within the City of
Winter Springs along S.R. 434; and
WHEREAS, Grantee desires to construct and maintain a landscape beautification project
along S.R. 434 within the City of Winter Springs; and
WHEREAS, Grantor desires to convey a perpetual easement over, under, and across a
portion of its real property, as legally described herein, for purposes of allowing Grantee to
construct, operate and maintain landscaping and irrigation improvements and other incidental
appurtenances and accessories thereto along S.R. 434; and
WHEREAS, Grantor, as fee simple owner of the easement property, also agrees to allow
Grantee to obtain any local, state, or federal permits required to construct said improvements and
any other incidental appurtenances and accessories thereto: and
NOW, THEREFORE, in consideration of the enumerated purposes stated herein, and
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:
1) Recitals. The foregoing recitals are hereby'incorporated herein by this reference.
Page 10f6
2) Grant of Easement. Grantor hereby voluntarily grants and conveys to Granteet
and its successorst and assignst subject to any previous duly recorded easements
or grants of recordt a landscape improvements and maintenance easement overt
undert and across the parcels of real property described on Exhibit "At\ which is
attached hereto and incorporated herein by this reference (hereinafter referred to
as the "Easement Property") of the nature and character and to the extent
hereinafter set forth. The granting of this Easement will not affect the frontt sidet
and rear setbacks applicable to the Property pursuant to the City of Winter
Springs Code. .
3) PurDose of Easement. This easement is granted for the express purpose of
allowing Grantee to use the Easement Property to construct and maintain
landscape improvements overt undert and across the Easement PropertYt
includingt but not limited tOt landscapingt irrigation systemst and any other
incidental appurtenances and accessories thereto. It is also the express purpose of
this easement to provide Grantee unconditional ingress and egress tOt overt under
and from the Easement Property for the purposes stated herein.
4) Riehts of Grantee. To accomplish the purposes stated abovet and at Grantee's
expenset the following rights are conveyed to the Grantee by this easement:
a. To use the Easement Property to constructt operatet and maintain
improvements overt undert and across the Easement Property includingt
but not limited tOt treest shrubst flowerst ground cover (mulcht rockSt
grasst etc.)t irrigation systems and any other incidental landscaping
appurtenances and accessories thereto;
b. To prevent any activity on or use of the Easement Property by employees
of the Grantor that is inconsistent with the purpose of the easementt 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 Property for ingress and egress to the defined
improvements;
d. To cutt trimt and keep clear such treest brusht and undergrowth that might
hinder or prohibit the use of the Easement Property for the purposes set
forth herein; and
Page 2 of6
e. To take any civil action deemed necessary, at the Grantee's sole and
absolute discretion, to protect and preserve the easement granted
hereunder.
5) Permits. The parties acknowledge that certain local, state, and federal pennits
may be required from time to time for purposes of constructing, operating, and
maintaining the improvements and other incidental appurtenances and accessory
structures referred to herein. Grantor as fee simple owner of the Easement
Property hereby agrees to allow Grantee to make application for said pennits and
also agrees to join in any said pennit as signatory when required by any
pennitting agency for issuance of the pennit.
Notwithstanding, Grantee shall be solely responsible and liable for complying
with any local, state, or federal pennit requirements, obligations, and duties (if
any) related to the construction, operation, and maintenance of the improvements
and other incidental appurtenances and accessories thereto.
6) Easements. Run with the Land. This easement shall remain a charge against
the Easement Property. Therefore, this easement shall "run with the land" and be
automatically assigned by any deed or other conveyance conveying a portion of
the Easement Property relating to this easement, even though conveyance makes
no reference to this easement as such.
7) Attornev's Fees. In the event of any legal action arising under this easement
between the parties, each party shall bear their own attorney's fees, court costs,
and expenses, through all appellate proceedings.
8) 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.
9) Successors. The covenants, tenns, 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 with the Easement Property.
10) Grantors Representations and Warranties. Grantor hereby agrees and makes
the following representations and warranties to Grantee:
a. Grantor is lawfully seized of said Easement Property in fee simple and has
full and lawful authority to execute this easement, convey the easement to
Grantee, and bind the Easement Property as set forth herein.
Page 3 of6
b. The Easement Property is free of any and all encumbrances, except zoning
restrictions and prohibitions and other requirements imposed by
government authority and other encumbrances which are recorded in the
public records of Seminole County, Florida.
c. Grantor shall pay any and all taxes that are levied on the Easement
Property, from time to time, as said taxes and assessments come due. The
improvements contemplated to be made on this easement are for a Public
purpose and therefore not considered as being subject to taxation. If said
public improvements are assessed taxes, Grantee will be responsible for
the payment of taxes attributed specifically to the public improvements.
d. Grantor hereby warrants the title to the easement granted hereunder over,
under, and across the Easement Property and will defend the same against
lawful claims of all persons whomever.
11) Entire Al!reement. This easement constitutes the full and entire agreement
between the parties hereto and supercedes any oral or written prior
communications between the parties related to the subject matter contained in this
easement. The easement shall be governed by the laws of Florida.
12) Sovereil!n Immunitv. Nothing contained in this easement shall be construed as a
waiver of the Grantee's right to sovereign immunity under Section 768.28,
Florida Statutes, or other limitations imposed on the Grantee's potential liability
under state or federal law.
13) Modifications. This easement shall only be modified by a written instrument
executed by the parties hereto or any successor, assigns heirs, or representatives
thereto.
14) Grantors Dutv of Noninterference. Grantor agrees not to interfere or allow
others under Grantor's control to interfere with Grantee's rights to use the
Easement Property as specifically set forth herein. Should the Grantor deem
improvements are necessary on the property for the purpose of improving services
and public use of the school campus, the Grantor, upon mutual agreement with
the Grantee, may construct or erect any building, structure or utilities on the
Easement Property. The Grantee shall not unreasonably withhold such
agreement. The Grantor and Grantee shall mutually agree upon all modifications
to the Grantee's improvements that will be necessary to accommodate the
Grantor's improvements on the Easement Property. The Grantor shall be
responsible for relocating and reinstalling, at the Grantor's expense and consistent
Page 4 of6
with the original improvements made by the Grantee, any improvements that have
been previously made by the Grantee.
15) Termination. The parties agree that this easement is intended to be perpetual.
However, in the event the Grantee determines, at its sole discretion, that it no
longer requires the property for improvements described herein, the Grantee,
agrees to execute an appropriate written instrument to terminate this easement.
Upon termination of the easement by the Grantee, the Grantee, shall remove the
improvements and restore the easement to its original condition, less reasonable
wear and tear.
16) Reciprocal Indemnification. To the extent permitted by law, each party hereto
agrees to indemnify and hold harmless the other party hereto and the other party's
employees and officers from and against all claims, losses, damages, personal
injuries (including but not limited to death), or liability (including reasonable
attorney's fees through all appeals), directly or indirectly arising from, or out of
the indemnifying party's acts, errors, or omissions, intentional or otherwise,
resulting from this easement and Agreement.
IN WITNESS WHEREOF. Grantor and Grantee set their respective hands on the day
and year above written.
Atte~L~
PIMlI 1. IIltgGfty, S r tary
~ L\i.,....... V ~ e-....
GRANTOR:
The School Board of Seminole County, Florida
By: b.o~ ~,u':l
Its Chairman
GRANTEE:
CITY OF WINTER SPRINGS, a Florida
municipal corporation~
Page 5 of6
STATE OF FLORIDA
COUNTY OF SEMINOLE
Sworn to before me this \ '-.}
day of
, who
~~
NOTARY PUBLIC
My Commission Expires
The foregoing iI}strument was acknowledged and sworn to before me this 02 7 Ht day of
, 2004>>by John F. Bush, Mayor of the City of Winter Springs Florida, who is ~rsonaIIy known
o me, or 0 has produced as identification.
~~ Joan L Brown
. . ~ . My ComlT1lSSlOfl 00301500
\~,.iI Expwes March 1'.2001
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Page 60f6
Description:
A portion of Lot 55, Block D, D.R. Mitchell's Survey of the Levy Grant, Plat Book 1, Page 5, Public
Records of Seminole County, Florida, being more particularly described as follows:
Commence at the Intersection of the Southerly Right-of-Way line of State Road NO. 434, as
shown on the Florida Department of Transportation Right-of-Way Map Section 77580-2610, with
the East line of Lot 55, Block "D", D.R. Mitchell's Survey of the Moses E. Levy Grant, as recorded
in Plat Book 1, Page 5 of the Public Records of Seminole County, Florida; thence S 85"29'27" W
684.89 feet along said southerly Right of Way line of State Road 434 to the POINT OF BEGINNING;
thence departing said Right of Way line S 04"30'33" E 10.00 feet; thence S 85"29'27" W 269.00'
feet along a line 10.00 feet Southerly of and parallel with said Right of Way line to the point of
curvature of a curve concave Northwesterly, having a radius of 2914.93 feet, a central angle of
1"36'06", and a chord of 81.48 feet, which bears S 86"17'29" W; thence Southwesterly along the
arc of said curve 10.00 feet Southerly of and parallel with said Right of Way line 81.48 feet;
thence N 06"55'21" W 10.02 feet along the Westerly line of Lot 55, Block D, to a point on a
curve and on aforesaid Right of Way line, concave Northeasterly, having a radius of 2904.93 feet,
a central angle of 1"36'56", and a chord Qf 81.90 feet, which bears N 86"17'54" E; thence
Northeasterly along said arc and Right of Way line 81.90 feet to the point on tangency; thence N
85"29'27" E along said Right of Way line 269.00 feet to the POINT OF BEGINNING.
Containing 3,507 square feet (0.080) acres more or less.
SURVEYORS REPORT:
1. Bearings shawn hereon are based on the Southerly Right of Way line of State Road 434, being N85"29'27"E
2. Easements or rights of way that appear on recorded plans or that have been furnished to the surveyor by others
have been incorporated into this drawing with appropriate notation. Other easements may be discovered by a search
of the Public Records.
3. No underground installations or improvements have been located except as noted.
4. There is no visible evidence on the ground of use of the property which might suggest a possible claim of easement
other than those shown on the survey.
5. Measurement methods used for this survey meet MINIMUM TECHNICAL STANDARDS FOR LAND SURVEYING CH. 61G17-6
requirements.
6. Not valid without the signature and the original raised seal of a Florida licensed surveyor and mapper.
7. Features shown by symbol as indicated in legend are not to scale.
8. This Survey was performed without benefit of a Title search. A Title search may reveal additional information
affecting the Parcel as shown.
9. Unless shown, only those visible features in the immediate vicinity of the above described parcel boundary have
been located.
LEGAL DESCRIPTION
SHEET 1 OF 2
SEE SHEET 2 FOR SKETCH
Date:
10/25/2004
Jab No.: Scale:
49609 1" = 50'
CH. 61G17-6, Florida Administrative
Code requires that a legal description
drawing bear the notation that
THIS IS NOT A SURVEY"
eERT. NO~ 49609003
SOUTHEASTERN SURVEYING & MAPPING CORP.
6500 All American 80t:.levard
Orlandc. flcrida 32810-4360
(40 )292-858!J fax( 407);'292-0141
email info@sou~..l3teurveyin.com
~.
ARY RICK
REGISTERED LAND SURVEYOR NO. 4245
FOR
CITY OF WINTER SPRINGS
N06055'2 ~ "w
10.02
F LOT 55. BLOCK D
W STERL Y LINE 0
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A PORTION OF
LOT 55, BLOCK D
D.R. MITCHELL'S SURVEY
OF LEVY GRANT
PLA T BOOK 1, PAGE 5
WINTER SPRINGS
ELEMENTARY SCHOOL
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GRAPHIC SCALE
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EAST LINE
SKETCH OF DESCRIPTION
Date:
For
Job No: Scale:" J
49609 1 = 50
LEG END
. = Iron Rod
o = Iron Pipe
. = Cone. Monument
@ = Nail & Disc.
X = Cross Cut
CITY OF WINTER SPRINNGS
Revised:
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SOUTHEASTERN ~URVEYING & MAPPING CORP.
6500 Ail American Bculel/Qrd
Orto'"ldo, FIe-,ndo 32810-4350
CERT. "lQ. LB2108
(407) 202-8580
e ail: infoOs eCJl> r s!Jrveyin
Description:
A portion of Lot 55, Block 0, D.R. Mitchell's Survey of the Levy Grant, Plat Book 1, Page 5, Public
Records of Seminole County, Florida, being more particularly described as follows:
Commence at the Intersection of the Southerly Right-of-Way line of State Road NO. 434, as shown
on the Florida Department of Transportation Right-of-Way Map Section 77580-2610, with the East
line of Lot 55, Block "0", O.R. Mitchell's Survey of the Moses E. Levy Grant, as recorded in Plat Book
1, Page 5 of the Public Records of Seminole County, Florida; thence S 85'29'27" W along said
Southerly right of Way line of State Road 434 191.20 feet to the POINT OF BEGINNING; thence
departing said Right of Way line S 04'30'33" E 50.00 feet; thence S 85"29'27" W along a line 50.00
feet Southerly of and Parallel with said Right of Way line 52.00 feet: thence N 04'30'33" W 37.00
feet; thence S 85'29'27" W along a line 13.00 feet Southerly of and Parallel with said Right of Way
line 58.00 feet; thence N 04'30'33" W 13.00 feet to said Right of Way line; thence N 85'29'27" E
along said Right of Way line 110.00 feet to the POINT OF BEGINNING.
Containing 3,354 square feet (0.077) acres more or less.
SURVEYORS REPORT:
1. Bearings shown hereon are based on the Southerly Right of Way line of State Road 434, being N8S'29'27"E
2. Easements or rights of way that appear on recorded plans or that have been furnished to the surveyor by others
have been incorporated into this drawing with appropriate notation. Other easements may be discovered by a search
of the Public Records.
3. No underground installations or improvements have been located except as noted.
4. There is no visible evidence on the ground of use of the property which might suggest a possible claim of easement
other than those shown on the survey.
5. Measurement methods used for this survey meet MINIMUM TECHNICAL STANDARDS FOR LAND SURVEYING CH. 61 G 17-6
requirements.
6. Not valid without the signature and the original raised seal of a Florida licensed surveyor and mapper.
7. Features shown by symbol as indicated in legend are not to scale.
8. This Survey was performed without benefit of a Title search. A Title search may reveal additional information
affecting the Parcel as shown.
9. Unless shown, only those visible
been located.
features in the immediate vicinity of the above described parcel baundary have
SHEET 1 OF 2
SEE SHEET 2 FOR SKETCH
LEGAL DESCRIPTION
Date:
CH. 61 G 17 -6, Florida Administrative
Code requires that a legal description
drawing bear the notation that
THIS IS NOT A SURVEY,
eERT. NO. ~. 49609002
~
SOUTHEASTERN SURVF.YlNG & MAPPiNC CORP.
6500 !..li American Boulevard
Orldr.clo, Florida 32810-4350
(40 )292-8580 fax( 407)292-0141
email inIo@SI)t.;~.steurveyin.com
ARY RICK
REGISTERED LAND SURVEYOR NO. 4245
10/25/2004
FOR
CITY OF WINTER SPRINGS
Job No.:
49609
Scale:
1" = 40'
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L=81.90'
R=2904.93'
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GRAPHIC SCALE
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For
CITY OF WINTER SPRINGS
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PLAT BOOK 1, PAGE 5
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WINTER SPRINGS
ELEMENTARY SCHOOL
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SHEET 2 OF 2
Date: 10/25/2004
Job No: Scale:".
49609 1 =40
LEG END
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o = Iron Pipe
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Revised:
~ 49609002
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SOUTH~"'TERN SURVEYING de MAPPING CORP.
6500 }o,1I American Bculevcrd
Orlando, :=1orida 32810-4350
CERT. r~o. L82108
(407) ~SZ'-3580
e oil: infoCs eas slJrveyin om
Description:
A portion of Lot 55, Block 0, D.R. Mitchell's Survey of the Levy Grant, Plat Book 7, Page 5, Public
Records of Seminole County, Florida, being more particularly described as Follows:
Commence at the Intersection of the Southerly Right-oF-Way line of State Road No. 434, as shown
on the Florida Department of Transportation Right-oF-Way Map Section 77580-2610, with the East
line of Lot 55, Block "0", D.R. Mitchell's Survey of the Moses E. Levy Grant, as recorded in Plat Book
1, Page 5 of the Public Records of Seminole County, Florida; thence S 85'29'27" W along said
Southerly right of Way line of State Road 434 36.20 feet to the POINT OF BEGINNING; thence
departing said Right of Way line S 04'30'33" E 10.00 feet; thence S 85'29'27" W along a line 10.00
feet Southerly of and parallel with said Right of Way line 62.00 feet; thence N 04'30'33" W 10.00
feet to a point on said Right of Way line; thence N 85'29'27" E along said Right of Way line 62.00
feet to the POINT OF BEGINNING.
Containing 620 square feet (0.014) acres more or less.
SURVEYORS REPORT:
1. Bearings shown hereon are based on the Southerly Right of Way line of State Road 434, being N8S'29'27"E
2. Easements or rights of way that appear on recorded plans or that have been furnished to the surveyor by others
have been incorporated into this drawing with appropriate notation. Other easements may be discovered by a search
of the Public Records.
3. No underground installations or improvements have been located except as noted.
4. There is no visible evidence on the ground of use of the property which might suggest a possible claim of easement
other than those shown on the survey.
5. Measurement methods used for this survey meet MINIMUM TECHNICAL STANDARDS FOR LAND SURVEYING CH. 61 G 17-6
requirements.
6. Not valid without the signature and the original raised seal of a Florida licensed surveyor and mapper.
7. Features shown by symbol as indicated in legend are not to scale.
8. This Survey was performed without benefit of a Title search. A Title search may reveal additional information
affecting the Parcel as shown.
9. Unless shown, only those visible
been located.
features in the immediate vicinity of the above described parcel boundary have
SHEET 1 OF 2
SEE SHEET 2 FOR SKETCH
SKETCH OF DESCRIPTION
Dote:
10/25/2004
FOR
CITY OF WINTER SPRINGS
Job No.:
49609
Scale:
1" = 40'
CH. 61G17-6, Florida Administrative
Code requires that a legal description
drawing bear the notatian that
THIS IS NOT A SURVEY,
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l=81.90'
R=2904.93'
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LEGAL DESCRIPTION
For
CITY OF WINTER SPRINGS
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Sl - WAY VARIES
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BEAUTIFICATION EASEMENT
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SOUTHERLY RIGHT OF WAY LINE
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1 0.00'
POINT OF COMMENCEMENT
A PORTION OF
LOT 55, BLOCK 0
D.R. MITCHELL'S SURVEY
OF LEVY GRANT
PLAT BOOK 1, PAGE 5
WINTER SPRINGS
ELEMENTARY SCHOOL
I
80
SHEET 2 OF 2
Date: 10/25/2004
Job No: Scale:".
49609 1 =40
LEG END
· = Iron Rod
o = Iron Pipe
. = Cone. Monument
@ = Nail & Disc.
X = Cross Cut
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SOUTHEASrt:RN SURVE'[ING de MAPPI~!G CORP.
650') Ai! Amerl';an Soule'yard
Orlo'1c!o, Florida 3261C-'4350
CERi'. NO. LB2108
(407~ 292-8580
infoes .' eas r: surveyin om
Revised: