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Home My WebLink About1996 09 23 Consent Item E " COMMISSION AGENDA ITEM E REGULAR CONSENT X INFORMATIONAL September 23. 1996 Meeting MGRj?tv~EPT~ Authorization REQUEST: Land Management Department requesting Commission approval for the Mayor to execute a modification of an existing sanitary sewer easement agreement between the City of Winter Springs and Florida Country Clubs, Inc., which will effectively relocate an existing sanitary sewer easement on that property platted as Arrowhead at Tuscawilla - Unit 1 (Plat Book 50, Pages 42 - 50). PURPOSE: The purpose of this Item is to allow the Mayor to execute a modification of an existing sanitary sewer easement agreement between the City of Winter Springs and Florida Country Clubs, Inc., which will effectively relocate an existing sanitary sewer easement on that property platted as Arrowhead at Tuscawilla - Unit 1 (plat Book 50, Pages 42 - 50). This property is located north of Northern Way and east of Fairway Oaks subdivision. FINDINGS: The original sanitary sewer easement agreement was between Winter Springs Development Corporation and Seminole Utility Company and executed on September 28, 1987 (ORB 1892, Page 24, Public Records of Seminole County, Florida). The City of Winter Springs is successor to the Seminole Utility Company and Florida Country Clubs, Inc., is successor to Winter Springs Development Corporation with respect to the sanitary sewer easement agreement. The property known as Arrowhead at Tuscawilla - Unit 1 was developed under a settlement agreement between the City of Winter Springs and Florida Country Clubs, Inc. September 23, 1996 CONSENT AGENDA ITEM E Page 2 In connection with the improvements for Arrowhead at Tuscawilla - Unit 1, the sanitary sewer line was relocated. This action negated the use of a portion of the existing easement, but requires the need for a new easement on the property. The Utility Director has reviewed this modified sanitary sewer location and has no objection to the relocation of the easement. RECOMMENDA TION: The recommendation is that the City Commission approve the Mayor executing the modification of the Sanitary Sewer Easement Agreement. ATTACHMENTS: 1) Modification of Sanitary Sewer Easement Agreement. 2) Plat depicting easement to be removed (in blue). 3) Plat depicting new easement (in yellow). 4) Utility Director's Memo. COMMISSION ACTION: MODIFICATION OF SANITARY SEWER EASEMENT AGREEMENT This Modification of Sanitary Sewer Easement Agreement (the "Modification") is made and entered into effective as of September ,1996, between THE CITY OF WINTER SPRINGS, a Florida municipal corporation (the "City"), and FLORIDA COUNTRY CLUBS, INC., a Florida corporation ("FCC"). On September 28, 1987, Winter Springs Development Corporation, a Florida corporation ("WSDC") and Seminole Utility Company, a Florida corporation (the "Utility Company"), entered into a Sanitary Sewer Easement Agreement (the "Agreement"), which was recorded in the Official Records of Seminole County, Florida at O.R. Book 1892, at Page 24. The Agreement granted an easement for the maintenance of a sanitary sewer line over the described area. The City is the successor to the Utility Company with respect to the rights under the Agreement. FCC is the fee owner of a portion of the land which is the subject of the Agreement and is the successor of WSDC with respect to the Agreement. FCC has subdivided a portion of its land as residential lots known as Arrowhead at Tuscawilla - Unit 1 ("Arrowhead"), pursuant to the Plat for Arrowhead at Tuscawilla - Unit 1, approved by the City, and filed in the Official Records at Plat Book 50, Pages 42 through 50 (the "Plat"). The Plat established ~asements for the benefit of the City for its utility lines. In connection with the improvements for Arrowhead, FCC has relocated a portion of the existing sanitary sewer line located in the original easement property. A portion of the relocated line is located between Lots 13 and 14 of Arrowhead within the easements created by the Plat arid a portion lies outside that area. A portion of the easement is no longer needed by the City and a new easement area is needed to permit the maintenance of the sanitary sewer line. The City hereby releases and quit claims any right or easement to that portion of the original sanitary sew,er easement set forth in the Agreement which lies within Lots 13, 14 and 15 of Arrowhead, subject to the grant herein made by FCC. FCC hereby subjects to the terms of the Agreement that portion of its land described on Exhibit A attached hereto, being described as "Sanitary Sewer Easement #1 Legal Description" and "Sanitary Sewer Easement #2 ,Legal Description". IN WITNESS WHEREOF, the City and FCC have executed this Modification as of the effective date set forth herein. Witness: FLORIDA COUNTRY CLUBS, INC., a Florida corporation Print name: By: James R. Mikes, President Print name: Witness: CITY OF WINTER SPRINGS, a Florida municipal corporation By: John Bush, Mayor Print name: Print name: State of Florida County of Seminole The foregoing instrument was acknowledged before me this day of September, 1996, by James R. Mikes, as President of Florida Country Clubs, Inc., a Florida corporation. He is personally known to me and who did take an oath. Print name: Notary Public, State of Florida Notary Stamp: State of Florida County of Seminole The foregoing instrument was acknowledged before me this day of September, 1996, by John Bush, as Mayor of The City of Winter Springs, a Florida municipal corporation. He is personally known to me and who did take an oath. Print name: Notary Public, State of Florida Notary Stamp: This document was prepared by: James R. Mikes 1500 Winter Springs Boulevard Winter Springs, Florida 32708 I SANITARY SEWER EASEMEl'jT # 1 LEGAL DESCRIPTION: 4 1 , 1 1 J \ , 'I , . ; t A PARCEL Of LAND SITUA1B) IN SECTION 18, TOWNSHIP 215. , RANGE 31E. . SEMINOLE COUNTY. flORIDA, MORE PARTICULARLY DESCRIBED AS FOl.l.OW'S; COMMENCING AT THE NORTHWEST CORNER OF LOT 13, ARROWHEAD AT TUSCA WILLA UNIT 1, AS RECORDED IN PLAT BOOK 50, PAGES 49 &. 50. PUBUC RECORDS OF SEMINOLE COUNTY, flORIDA, SAID POINT ALSO BEING THE POINT OF BEGlNNING; THENCE RUN N. 11' 46' 54. W. A DISTANCE OF 11.80'; THENCE RUN S. 6S' 21' SO. E. A DISTANCE OF 199.2S'; THENCE RUN S. 06' 03' 01. E. A DISTANCE OF 17.44'; THENCE RUN N. 65' 21' 50. W. A DISTANCE OF 197.09' TO A POINT ON THE WE:ST UNE OF SAID lOT i3; THENCE RUN N. 11' Mi' S4. 'W. A DISTANCE OF 7.01' TO THE POINT OF BEGINNING. CONTAINING 0.07 A~ES MORE OR LESS. I ; .. S.t\NITARY SEWER EASE1v1~NT # 2 LEGAL DESCRIPTION: A PARCEL OF LAND SITUATED IN SECTION 18, TOWNSHIP 21S. , RANGE 31E. , SEMINOLE COUNTY, flORIDA, MORE PARTICULARLY DESCRIBED AS FOl.l.OWS; COMMENCING AT THE NORTHWEST CORNER OF lOT 14, ARROWliEAD AT TUSCA\'ill.l.A U~IT 1, AS RECORDED IN PLAT BOOK SO, PAGES 49 &. 50, PUBUC RECORDS OF SEMlt..jOLE COUNTY, FLORIDA,; THENCE RUN N. 75' 1.3' ,34. E. A DISTANCE OF 8.0S'; THENCE RUN S 06' 0.3' 01. E. 'A DISTANCE OF 158.82' TO THE POINT OF BEGINNING THENCE RUN N. 90' DO' 00. E. A DISTANCE OF .33.58 TO A POINT ON THE NORTH RIGHT OF WAY OF NORTHERN WAY, SAID POINT ALSO BEING A POINT ON A CURVE CONCAVE TO THE NORTHWEST. THENCE RUN ALONG A CHORD BEARiNG OF S 65' 00' 18. W. A DISTANCE OF 3S.30', SAiD CURVE HAVING A RADIUS OF 1258.15', A CEN1RAl ANGlE OF 01' 36' 27", AND A LENGTH OF 35.30', TO A POINT ALSO ON THE NORTH RIGHT OF WAY OF NORTHERN WAY, SAID POINT ALSO BEING A POINT ON A CURVE; THENCE RUN N 06' 03' 01. W. A DISTANCE OF 15.00' TO THE POINT OF BEGINNING, CONTAINING 0.006 ACRES MORE OR LESS. I ) ~ I ~ t ). j (. ); \ ~ 'i " r- " ~,~ :[: ~I II ,~ . . . ,rl ,~ 'j ~ ~ '; 1 iJ. , :f ; r I ~ ii.~I'" I,' ' " " . ., I !,.:'"kt" I' III Ii' :1 :!:~' r · ii, I: ~ /' 1'. Ii" ,I t !:; " "f I'. :I!' I' -u :" .-~ p:lJ -\ ~ I.D )> 0-' 00 ^p N^ L.,llJ) C -oz. 1;~ f"Io lJ)z. <of"I (]> , <0 OJ , '-." , "'" " ""-, , ""-, ~O()ND IR AND CAP LB#21G8 _ __ f?E, PLACED WITH 4"X 1 "eM \ PLS #5048 \ \ \ '],'" 0""" v " /' S 6'J'. /S SI' ;> 1/'> '~<' (' /' /' .-/ '],'J 0"\ v --- ~ P1/L -u)> ______ .- lJ) --> )> \ --> 4 I' ~ CD 2! 0'1 <6--< ui ^ C. -t>- z. ~ N f"I ___ ~o ~ --- -U-" )> -') ~~ lJ):lJ <o::E. 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':>'-~ 15""'"1"'\1":'" ~(S~,-0) . , I \ ' POtNT OF c:owJ~~ SH>rlMY :ASQj:!-lT r.. ," C ._______- -5"'\~'~'~ ~.:Sc).OO' ------ (.; '" .; '" , 'w <5 ,~ '", ,0 LOT ""'; _,1 I.. ,. ___P:..A'i"iE[; 1S'('ToTAL) t""" DRAINAGE AND UTIUTY ~T .// /.--' / POINT OF BEGlNNINC ?I:TI>RY EASEMOIT 11. ........ \. f-Lf~nQt; : I DELT..... 01' X' :r , i RADIUS- \258.15 I'~' ~~- S 55" 00' 16" w I OiQRO- J.5..}()' ~"? .~) ~;;::: WINTER SPRINGS UTILITY I PUBLIC WORKS DEPARTMENT 110 NORTH FLAMINGO AVENUE WINTER SPRINGS. FLORIDA 32708 Telephone (407) 327-2669 Fax (407) 327-0942 September 12, 1996 TO: Don LeBlanc, Land Management Specialist Kipton Lockcuff, P.E., Utility Director /J ~ FROM: RE: Arrowhead Unit 1 - Parcel 5 UtilitylDrainage Easement We have reviewed the Modification of Sanitary Sewer Easement Agreement and Modification of Declaration of Overflow and Drainage Easements for Arrowheads Unit 1- Parcel 5 and find them to be consistent with the easement drawing signed and sealed by John Barnhill August 17, 19-96. I recommend the modification agreements be approved. File