HomeMy WebLinkAboutPublic Underground Utility Easement-2006 'III"1'II"III 1""11'1I-I"111'lI:l l'1"!'llh
. MARYANNE MIIFSE, :CFO OF ;I ROWS COLFi
SeMINO.E COIMI
E( 06209 Pip 169 .8118611 :1gp1
Prepared by and return to', CLER.' S p c0 doNGCS 1°
City of Winter Springs.Attn:Cary Manager
RECORDED 04;19/200U P3i00 i06 M
1126 East S.R.434 DEED DX TAX 0.70
Winter Springs,FL 32708 RECORD:NU FEES 44.00
R18:DROLD 88 H Orlin
PUBLIC UNDERGROUND UTILITY EASEMENT
THIS EASEMENT is made this 6th day of April,2006
By:
MNH Enterprises,Inc
Having a mailing address of
1101 N Maitland Ave.Maitland,Florida 32751
(hereinafter called"Grantor)in favor of the CITY OF WINTER SPRINGS,
FLORIDA,a Florida Municipal Corporation,having a mailing address of 1126 East
State Road 434,Winter Springs,Fl 32708("Grantee).
WITNESSETH
WHEREAS,Grantor is the sole owner of certain real property located within the
City of Winter Springs at 430 Sheoah Blvd,Whiter Sprints„Florida 32708 and
WHEREAS,Grantor desires to convey an underground utility easement over,
under,and across a portion of its real property,as legally described herein,for purposes
of allowing Grantee ingress and egress to operate and maintain certain public
improvements and other incidental appurtenances and accessories related to the public
utilities needed to service the property more specifically,to provide for underground
water:and
WHEREAS,Grantor,as fee simple owner of the easement property,also agrees
to assist Grantee in obtaining any local,state,or federal permits required to maintain the
public improvements and any other incidental appurtenances and accessories thereto:and
WHEREAS,Grantor and Grantee believe that this public improvement easement
is in the best interest of the public health,safety,and welfare of the citizens of Winter
Springs and Seminole County
NOW,THEREFORE,in consideration of the enumerated public purposes stated
herein,and mutual covenants,terms and conditions and restrictions contained herein,
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MARYANNE NORSE, CLERK OF CIRCUIT LOOK ;�V b'S
CLERK OF SEMINOLE COUNTY ,,��n ' �ry I't"�� �
GK 06681 Pgs 1321 — 1335; 115pgs) L LQut',�
F1 LE NUM 2007066422
RECORDED 05/03/2007 03:10101 PM
RECORDING FEES 109.00
RECORDED BY T Smith
Book6209/Pa e1857 CFN#2006062915
INII IMNH1INIMMp 11u111I1u11111nG11111
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.
2) Grant of Easement.Grantor hereby voluntarily grants and conveys to Grantee,
successors,and assigns,subject to any previous duly recorded easements or grants
of record,public access and improvements and maintenance easement over,
under,and across the real property described as follows:
A portion of tract E,The Highlands section Three,City of Winter Springs,as
recorded in the plat book 17,pages 48 and 49,public records of Seminole
County,Florida. Refer to the attached legal descriptions for utility
easements A,B,C,and D.
(Hereinafter the"Property")of the nature and character and to the extent hereinafter set
forth("Easement").
3) Puroose of Easement.It is the express purpose of this Easement to provide
Grantee unconditional ingress and egress to operate and maintain public utilities
over,under and from the Property for the purposes stated herein.
4) Rights of Grantee. To accomplish the purposes stated above,and at Grantee's
expense,the following rights are conveyed the Grantee by this easement:
a. To use the Property for ingress and egress and to construct, operate, and
maintain public improvements over,under,and across the Property for the
benefit of the public;and
b. To prevent any activity on or use of the Property that is inconsistent with
the purpose of the Easement, and to require the restoration of areas of
features of the Property that may be damaged by an inconsistent activity or
use;and
c. To grant nonexclusive casements or licenses to any third party public or
private utility for the purposes stated herein;and
d. To cut,trim,and keep clean such trees,brush,and undergrowth that might
hinder or prohibit the use of the Property; and
e. To take any civil action deemed necessary, at the Grantee's sole and
absolute discretion, to protect and preserve the Easement granted
hereunder.
2
Book6209/Page1858 CFN#2006062915
5) Permits. The parties acknowledge that ccnain local,state,and federal permits
may be required from time to time for purposes of constructing,operating,and
maintaining the public improvements and other incidental appurtenances and
accessories referred to herein. Grantor,as fee simple owner of the Property,
hereby agrees to allow Grantee,at Grantee's expense, to make application for
said permits and also agrees to join in any said permit(as signatory or otherwise)
when required by any permitting agency for issuance of the permit.
Notwithstanding,Grantee shall be solely responsible and liable for complying
with any local,state,or federal permit requirements,obligations,and duties(if
any)related to the construction,operation,and maintenance of the public
improvements and other incidental appurtenances and accessory structures.
6) Easements Run with the Land. This Easement shall remain a charge against the
Property. Therefore,this Easement shall"run with the land"and be automatically
assigned by any deed or other conveyance conveying a portion of the Property
relating to this easement,even though conveyance makes no reference to this
Easement as such
7) Attorney's Fees. In the event of any legal action arising under this Easement
between the parties,the parties agree to incur their own attorneys 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
maybe required to preserve its rights in this Easement.
9) 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 running with the 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 Property in fee simple and has full and
lawful authority to execute this Easement,convey the Easement to
Grantee,and bind the Property as set forth herein.
b. The 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 Property,from
time to time,as said taxes and assessments come due.
l
Book6209/Page1859 CFN#2006062915
d. Grantor hereby warrants the title to the Easement granted hereunder over,
under,and across the Property and will defend the same against lawful
claims of all persons whomever.
11) Grantee's RI¢ht to Seek Equitable Relief. Grantor agrees,acknowledges and
recognizes that any breach of this easement by Grantor would result in irreparable
harm to Grantee and the public,and accordingly,Grantor agrees that in addition
to and not in lieu of all legal and equitable remedies available to Grantee by
reason of such breach,Grantee shall be entitled to equitable relief(including,
without limitation,specific performance and injunctive relief)to enjoin the
occurrence and continuation ofthc breach.
12) Entire Agreement. 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.
13) Sovereien Immunity. Nothing contained in this Easement shall be construed as
a waiver of the Grantees 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.
14) Modifications. This Easement shall only he modified by a written instrument
executed by the parties hereto or any successor,assigns heirs,or representatives
thereto.
IS) Grantors Duty of Noninterference.Grantor agrees not to interfere or allow
others to interfere with Grantee's rights to use the Property as specifically set
forth herein. Grantor agrees not to permit or allow the construction or erection of
any building or structure on the Property without prior written consent of the
Grantee.
16) Terminat ion. The parties agree that this Easement is intended to be perpetual.
However,in the event the Grantee detennines,at its sole discretion,that it no
longer requires the property for public improvements described herein,Grantee,at
Grantor's written request,agrees to execute an appropriate written instrument to
terminate this easement.
IN WITNESS WHEREOF,Grantor and Grantee set their respective hands on
the day and year above written.
4
Book6209/Page1860 CFN#2006062915
WIT SSES:
N -At,. 1 • •NTORI
hAt cc
jt Nam-- e . . ricer by _ i _ _
Print Name —\P\?jL E
STATE OF FLORIDA
COUNTY OF SEMINOEE ORANGE
The foregoing instrument was acknowledged worn to before me this
Day of flHt l .2006 by )n\o\ I dJ4IHP hen is notipersonallyknotto
me,or has produced _ - as i tification.
armnc.crier 4 __
comiaissroHi ooznetz NOTARY
EEiq[eunrES09/t7RWr
WITNESSES CITY OF WINTER SPWNC9'' RANFEFI , '
Print___ Kc.., s.+,or_ By:Ronald W._grate__ T�
i a City Manager
}Q.� .ee
n 6amZgi ce - le I a
STATE OF FLORIDA
COUNTY OF SEMINOLE
11,,he foregoing instrument was acknowledged and sworn to before me this L d y of
,2006 by Ronald W.Mclemorc,City Manager of the City of Winter Spnngs
lorida who is/is not personally known to me,or as produced
as identification.
NOTARY PUBLIC Andrea Ldeal.La
j7;wCara=m ar wro
en+u.w nor
s
Book6209/Page1861 CFN#2006062915
SKETCH OF DESCRIPTION ONLY.
THIS IS NOT A SURVEY.
r SEE ..i T e n r
�� s.EEr i m I
2
LINE TAB1E
BEARING
' S B5'li'5 DISTANCE
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N )6°50"JB -�d'
PARENT TRACT DETAIL Li • 44.47'0214
31 30 INOT TO SCALE °�>'d)S
N 06•52 27.1E 177 77
LE
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)15.1Z y01 F xffi•O1'1 SE S 27.5B 452114 6.3o.
9. 5 F
113 N o ZA L14 5 19.56 9Y as.iS
POINT OF COMMENCEMENT
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SURVEYOR" ,'TIFICATION
AS
„„REWIRED e. SOAPIER s. r.oRlo.mvl nR.Ti.r EGENO PREPARED FOR
ml - CROWS MNH
am ii MITCHELL ii 5 5 o N: CHANCE IN DIRECTION ENTERPRISES, INC. 1
DOT oLip INTHPIT THE SIGNATURE AND TILE ORIGINAL
DRAM
oPPER.'.I.A A I.'.rr. . ..o..... ...............,. ..... ...,. ...
SKETCH OF DESCRIPTION ONLY.
THIS IS NOT A SURVEY.
3911T OF
LEGAL DESCRIPTION
UTILITY EASEMENT 'D'
A PORTION OF TRACT E. THE HIGHLANDS SECTION THREE, CITY OF WINTER SPRINGS. AS
RECORDED IN PLAT BOOK II, PAGES 98 AND 49, PUBLIC RECORDS OF SEMINOLE COUNTY.
FLORIDA. BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHEAST CORNER OF SAID TRACT D. RUN SOUTH BS7II '5H WEST.
ALONG THE SOUTH LINE THEREOF. 70.00 FEET THENCE NORTH 36°50'38" WEST. 217.13
C FEET; THENCE NORTH 94°47'02" WEST. 177.77 FEET; THENCE NORTH 83°36'313" WEST,
315.32 FEET; THENCE NORTH I9°21 '05" WEST. 310.54 FEET; THENCE NORTH 57°33'00"
EAST. 150.51 FEET; THENCE NORTH 66°29'30" EAST. 340.92 FEET; THENCE NORTH
27°13'43 EAST. 153.87 FEET; THLNCE NORTH O6°52'27" EAST, 72.74 FEET; THENCE
SOUTH 68°35'20" EAST. A DISTANCE OF 87,08 FEEL; THENCE NORTH 21 724'40" EAST, A
DISTANCE OF 84.41 FEET; THENCE SOUTH 85°2O'32' EAST. A DISTANCE OF 30.92 FEE
TO THE POINT OF BEGINNING: THENCE NORTH 40°43'53" EAST. A DISTANCE OF 15.00
FEET; THENCE SOUTH 49°56'54" EAST, A DISTANCE OF 85.15 FEET; THENCE SOUTH
• 2T°59'46" WEST. A DISTANCE OF B.39 FEET; THENCE NORTH 62°01 '14" WEST. A
DISTANCE OF 32.48 FEET; THENCE NORTH 49°56'54" WEST. A DISTANCE OF 55.32 FEET
TO THE POINT OF BEGINNING.
CONTAINING 0.0273 ACRES OR 1189 SDUARE FEET. MORE OR LESS.
•
•
PREPARED FOR
MNH
ENTERPRISES, INC.
ADVANCED LAND SURVEYING AND MAPPING, INC.
GPS And Conventional Survey Services
LEGAL DESCRIPTION
PREPARED FOR NM ENTERPRISES, INC.
UTILITY EASEMENT "C"
THE HIGHLANDS SECTION THREE
SHKKT 1 OF 3
SEM SHEET 3 OF 3 FOR SKETCH
A PORTION OF TRACT E, 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:
COMMENCING AT THE SOUTHEAST CORNER OF SAID TRACT 0, RUN SOUTH 85°11'58" WEST,
ALONG THE SOUTH LINE THEREOF, 70.00 FEET THENCE NORTH 36°50'38" WEST, 217.13
FEET; THENCE NORTH 44°47'02" WEST, 177.77 FEET; THENCE NORTH 83°36'38" WEST,
315.32 FEET; THENCE NORTH 10°21 '05" WEST, 310.54 FEET; THENCE NORTH 57°33'00"
EAST, 150.51 FEET; THENCE NORTH 66°29'30" EAST, 340.92 FEET; THENCE NORTH
27°13'43" EAST, 153.87 FEET; THENCE NORTH 06°52'27" EAST, 72.74 FEET; THENCE
CONTINUE NORTH 06°52'27" EAST, 71.40 FEET; THENCE NORTH 21°24'40" EAST, 153.06
FEET; THENCE NORTH 08°48'25" EAST, 141.52 FEET; THENCE NORTH 23°01'18" EAST,
55.72 FEET TO A POINT ON THE WESTERLY RIGHT OF WAY LINE OF SHEOAH BOULEVARD,
SAID POINT BEING ON A CURVE CONCAVE SOUTHWESTERLY, HAVING AS ITS ELEMENTS A
RADIUS OF 354.78 FEET, A CENTRAL ANGLE OF 25°16'25", A TANGENT OF 79.54 FEET,
AND A TANGENT BEARING OF SOUTH 63°53'39" EAST, THENCE ALONG THE ARC OF SAID
CURVE AND SAID WESTERLY RIGHT OF WAY LINE 156.50 FEET TO A POINT OF COMPOUND
CURVATURE OF A CURVE CONCAVE SOUTHWESTERLY HAVING AS ITS ELEMENTS A RADIUS OF
726. 13 FEET, A CENTRAL ANGLE OF 30°18'29", A CHORD BEARING OF SOUTH 21°27'59"
EAST AND A CHORD DISTANCE OF 379.64 FEET; THENCE SOUTHERLY ALONG THE ARC OF
SAID CURVE AND WESTERLY RIGHT OF WAY LINE AN ARC DISTANCE OF 384.11 FEET TO
THE POINT OF BEGINNING: THENCE CONTINUE ALONG SAID CURVE BEING CONCAVE
SOUTHWESTERLY HAVING AS ITS ELEMENTS A RADIUS OF 726.13 FEET, A CENTRAL ANGLE
OF 00°58'51", A CHORD BEARING OF SOUTH 05°49'19" EAST AND A CHORD DISTANCE OF
12.43 FEET; THENCE SOUTHERLY ALONG THE ARC OF SAID CURVE AND WESTERLY RIGHT OF
WAY LINE AN ARC DISTANCE OF 12.43 FEET; THENCE DEPARTING ARC OF SAID CURVE AND
SAID WESTERLY RIGHT OF WAY LINE, NORTH 59°23 '19" WEST, A DISTANCE OF 59.08
709 East Michigan Street Phone:(407)509-2305
Orlando, FL 32806 Fax:(407)540-0497
•
ADVANCED LAND SURVEYING AND MAPPING, INC.
GPS And Conventional Survey Services
LEGAL DESCRIPTION
PREPVED FOR MNE ENTERPRISES, INC.
DTI TY EASEMENT "Cr
TN HIGHLANDS SECTION THREE
SHEET 2 OF 3
SEE SHEET 3 OF 3 FOR SKETCH
FEET; THENCE NORTH 28°13'03" WEST, A DISTANCE OF 19.32 FEET; THENCE SOUTH
59°23'19"^EAST, A DISTANCE OF 68.23 FEET TO THE POINT OF BEGINNING.
CONTAINS 0..0196 ACRES OR 636 SQUARE FEET, MORE OR LESS.
KIRK MITC , P.S.M.
FLORIDA STER D SURVEYOR & MAPPER No.5682
CERTIFICATE OF AUhORIZATION No. L.B. 6885
NOT VALID WITHOUT THE SIGNATURE AND ORIGINAL RAISED
SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER
PREPARED: DECEMBER 15, 005
FILENAME: 108-0069
709 East Michigan Street Phone:(407)509-2305
Orlando, FL 32806 Fax:(407)540-0497
•
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ADVANCED LAND SURVEYING AND MAPPING, INC.
GPS And Conventional Survey Services
LEGAL DESCRIPTION
PREPARED FOR MNH ENTERPRISES, INC.
UTILITY EASEMENT "A"
THE HIGHLANDS SECTION THREE
SHEET 1 OF 3
SEE SHEET 3 OF 3 FOR SKETCH
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 SAID TRACT D; THENCE SOUTH 85°11'58" WEST,
ALONG THE SOUTH LINE THEREOF, A DISTANCE OF 70.00 FEET THENCE NORTH 36°50'38"
WEST, A DISTANCE OF 217.13 FEET; THENCE NORTH 44°47'02" WEST, A DISTANCE OF
177.77 FEET; THENCE NORTH 83°36'38" WEST, A DISTANCE OF 315.32 FEET; THENCE
NORTH 10°21'05" WEST, A DISTANCE OF 310.54 FEET; THENCE NORTH 57°33' 00" EAST,
A DISTANCE OF 150.51 FEET; THENCE NORTH 66°29'30" EAST, A DISTANCE OF 340.92
FEET; THENCE NORTH 27°13'43" EAST, A DISTANCE OF 153.87 FEET; THENCE NORTH
06°52'27" EAST, A DISTANCE OF 72 .74 FEET; THENCE SOUTH 68°35'20" EAST, A
DISTANCE OF 87 .08 FEET; THENCE NORTH 21°24'40" EAST, A DISTANCE OF 49.47 FEET;
THENCE NORTH 68°35'20" WEST, A DISTANCE OF 14.65. FEET TO THE POINT OF
BEGINNING: THENCE NORTH 06°57 '14" EAST, A DISTANCE OF 20.08 FEET; THENCE SOUTH
85°19'55" EAST, A DISTANCE OF 5.60 FEET; THENCE NORTH 06°57 '30" EAST, A
DISTANCE OF 48.55 FEET; THENCE SOUTH 83°29'43" EAST, A DISTANCE OF 15.74 FEET;
THENCE SOUTH 06°30'17" WEST, A DISTANCE OF 2 .25 FEET; THENCE SOUTH 51°05' 08"
EAST, A DISTANCE OF 33.33 FEET; THENCE NORTH 51°30' 17" EAST, A DISTANCE OF
3.59 FEET; THENCE NORTH 07°55'57" EAST, A DISTANCE OF 45.71 FEET; THENCE NORTH
83°29'43" WEST, A DISTANCE OF 9.16 FEET; THENCE NORTH 06°30 '17" EAST, A
DISTANCE OF 15.00 FEET; THENCE SOUTH 83°29'43" EAST, A DISTANCE OF 9.63 FEET;
THENCE NORTH 07°55'57" EAST, A DISTANCE OF 13.01 FEET; THENCE NORTH 38°29'43"
WEST, A DISTANCE OF 14.08 FEET; THENCE NORTH 06°30' 17" EAST, A DISTANCE OF
14.53 FEET; THENCE SOUTH 83°29 '43" EAST, A DISTANCE OF 10.59 FEET; THENCE
NORTH 07°58' 16" EAST, A DISTANCE OF 50.39 FEET; THENCE NORTH 83°29'43" WEST, A
PREPARED: SEPTEMBER 13, 2005
FILENAME: 108-0069
709 East Michigan Street Phone:(407)509-2305
Orlando,FL 32806 Fax:(407)540-0497
ADVANCED LAND SURVEYING AND MAPPING, INC.
GPS And Conventional Survey Services
LEGAL DESCRIPTION
PREPARED FOR MNH ENTERPRISES, INC.
UTILITY EASEMENT "A"
THE HIGHLANDS SECTION THREE
SHEET 2 OF 3
SEE SHEET 3 OF 3 FOR SKETCH
DISTANCE OF 11.88 FEET; THENCE NORTH 06°30'17" EAST, A DISTANCE OF 15.00 FEET;
THENCE SOUTH 83°29'43" EAST, A DISTANCE OF 12.26 FEET; THENCE NORTH 07°58'16"
EAST. A . DISTANCE OF 32.03 FEET; THENCE NORTH 83°29'43" WEST, A DISTANCE OF
13.1)8 FEET; THENCE NORTH 06°30'17" EAST, A DISTANCE OF 15.00 FEET; THENCE
SOktFH 83°29'43" EAST, A DISTANCE OF 13.47 FEET; THENCE NORTH 07°58'16" EAST, A
DISTANCE OF 29.55 FEET; THENCE NORTH 83°29'43" WEST, A DISTANCE OF 14.22 FEET;
THENCE NORTH 06°30' 17" EAST, A DISTANCE OF 3.12 FEET; THENCE SOUTH 83°29'43"
EAST, A DISTANCE OF 2.99 FEET; THENCE NORTH 06°30'17" EAST, A DISTANCE OF
11.88 FEET; THENCE SOUTH 83°29'43" EAST, A DISTANCE OF 11.62 FEET; THENCE
NORTH 07°58'16" EAST, A DISTANCE OF 16.45 FEET; THENCE NORTH 89°51'43" WEST, A
DISTANCE OF 15.92 FEET; THENCE NORTH 83°29'43" WEST, A DISTANCE OF 14.18 FEET;
THENCE NORTH 06°30'17" EAST, A DISTANCE OF 15.13 FEET; THENCE SOUTH 85°25'38"
EAST, A DISTANCE OF 8.96 FEET TO A POINT ON A CURVE, CONCAVE SOUTHWESTERLY,
HAVING AS ITS ELEMENTS A RADIUS OF 339.78 FEET, A CENTRAL ANGLE OF 12°16' 18",
A CHORD BEARING OF NORTH 55°32'02" WEST ; THENCE RUN NORTHWESTERLY ALONG THE
ARC OF SAID CURVE, A DISTANCE OF 72.77 FEET; THENCE DEPARTING SAID CURVE RUN
NORTH 23°01'18" EAST, A DISTANCE OF 15.06 FEET TO A POINT ON THE WESTERLY
RIGHT OF WAY LINE OF SHEOAH BOULEVARD, SAID POINT BEING ON A CURVE CONCAVE
SOUTHWESTERLY, HAVING AS ITS ELEMENTS A RADIUS OF 354.78 FEET, A CENTRAL ANGLE
OF 20°50'12"; THENCE RUN SOUTHEASTERLY ALONG THE ARC OF SAID CURVE AND SAID
WESTERLY RIGHT OF WAY LINE, AN ARC DISTANCE OF 129.02 FEET; THENCE DEPARTING
SAID CURVE AND WESTERLY RIGHT OF WAY LINE, SOUTH 45°16'31" WEST, A DISTANCE OF
4.62 FEET; THENCE SOUTH 07°58' 16" WEST, A DISTANCE OF 258.00 FEET; THENCE
SOUTH 51°30'17" WEST, A DISTANCE OF 19.52 FEET; THENCE SOUTH 38°29'43" EAST, A
DISTANCE/CIF 9.89 FEET; THENCE SOUTH 51°30' 17" WEST, A DISTANCE OF 15.00 FEET;
THENCEOR\H 38°29'43" WEST, A DISTANCE OF 9.89 FEET; THENCE NORTH 83°29'43"
WEST, P. DL TANCE OF 36.01 FEET; THENCE SOUTH 06°57' 30" WEST, A DISTANCE OP
13.53 FEET; HENCE SOUTH 51°30' 17" WEST, A DISTANCE OF 24.62 FEET TO THE POINT
OP BEGI, ING.
CON AINIA: '.2633 ACRES OR 11471 SQUARE FEET, MORE OR LESS.
KIRK B. MITCHELL, P.S.M.
FLOPrIDA REGISTERED SURVEYOR & MAPPER No.5682
CERTIFICATE OF AUTHORIZATION No. L.B. 6885
NOT VALID WITHOUT THE SIGNATURE AND ORIGINAL RAISED
SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER
PREPARED: SEPTEMBkR 13, 2005 FILENAME: 108-0069
709 East Michigan Street Phone: (407)509-2305
Orlando, FL 32806 Fax:(407)540-0497
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ADVANCED LAND SURVEYING AND MAPPING, INC.
GPS And Conventional Survey Services
LEGAL DESCRIPTION
PREPARED FOR MNH ENTERPRISES, INC.
UTILITY EASEMENT "B"
THE HIGHLANDS SECTION THREE
SHEET 1 OF 2
SEE SHEET 2 OF 2 FOR SKETCH
A POTION OF TRACT E, THE HIGHLANDS SECTION THREE, CITY OF WINTER SPRINGS, AS
RECQRDED 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 SAID TRACT D; THENCE SOUTH 85°11'58° WEST,
ALONG THE SOUTH LINE THEREOF, A DISTANCE OF 70.00 FEET THENCE NORTH 36°50'38"
WEST, A DISTANCE OF 217.13 FEET; THENCE NORTH 44°47'02" WEST, A DISTANCE OF
177.77 FEET; THENCE NORTH 83°36'38" WEST, A DISTANCE OF 315.32 FEET; THENCE
NORTH 10°21'05" WEST, A DISTANCE OF 310.54 FEET; THENCE NORTH 57°33'00" EAST,
A DISTANCE OF 150.51 FEET; THENCE NORTH 66°29 '30" EAST, A DISTANCE OF 340.92
FEET; THENCE NORTH 27°13 '43" EAST, A DISTANCE OF 153.87 FEET; THENCE NORTH
06°52'27" EAST, A DISTANCE OF 72.74 FEET; THENCE SOUTH 68°35'20" EAST, A
DISTANCE OF 87.08 FEET; THENCE SOUTH 81°32'44° EAST, A DISTANCE OF 256.47
FEET TO THE POINT OF BEGINNING: THENCE NORTH 28°13'03" WEST, A DISTANCE OF
11.09 FEET; THENCE NORTH 87°24'02" EAST, A DISTANCE OF 35.79 TO A POINT ON THE
WESTERLY RIGHT OF WAY LINE OF SHEOAH BOULEVARD, SAID POINT BEING ON A CURVE
CONCAVE SOUTHWESTERLY, HAVING AS ITS ELEMENTS A RADIUS OF 726.13 FEET, A
CENTRAL ANGLE OF 00°47.24", A CHORD BEARING OF SOUTH 05°17'00" EAST AND CHORD
DISTAN E OF 10.01 FEET; THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE AND
SAID STERLY RIGHT OF WAY LINE, AN ARC DISTANCE OF 10.01 FEET; THENCE
DEPART NG SAID CURVE AND WESTERLY RIGHT OF WAY LINE, SOUTH 87°24'02" WEST, A
DISTANC OF 3.1.47 FEET TO THE POINT OF BEGINNING.
7 \
CtN^aAI^IINc 0.0177 ACRES OR 336 SQUARE FEET, MORE OR LESS.
KIRK B. MITC_H; L, P.S.M.
FLORIDA REGIS - 'D SURVEYOR & MAPPER No.5682
CERTIFICATE OF A, HORIZATION No. L.H. 6885
NOT VALID WITHOUT' HE SIGNATURE AND ORIGINAL RAISED
SEAL OF A FLORIDA LI• NSED SURVEYOR AND MAPPER
PREPARED: SEPTEMBER 13, 2005 FILENAME: 108-0069
709 East Michigan Street Phone:(407)509-2305
Orlando, FL 32806 Fax:(407)540-0497
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MARYANNE MORSE, CLERK OF CIRCUIT COURT
SEMINOLE COUNTY
RECEIVED BK 08209 Pgs 1857 - 18611 15pgi1
Prepared by and return to: CLERK' S M 2006062915
City of Winter Springs,Attn: City Manage p 2 RECORDED 04/19/2006 03180806 PM
1126 East S.R.434 DEED DOC TAX 0.70
Winter Springs,FL 32708 CITY nFa"VAN�EQR RINGS RECORDING FEES 44.80
RECORDED BY H kitty
PUBLIC UNDERGROUND UTILITY EASEMENT
THIS EASEMENT is made this 6`s day of April ,2006
By:
MNH Enterprises , Inc
Having a mailing address of:
1101 N Maitland Ave , Maitland ,Florida 32751
(hereinafter called "Grantor") in favor of the CITY OF WINTER SPRINGS,
FLORIDA, a Florida Municipal Corporation, having a mailing address of 1126 East
State Road 434, Winter Springs, Fl 32708 ("Grantee").
WITNESSETH
WHEREAS, Grantor is the sole owner of certain real property located within the
City of Winter Springs at 430 Sheoah Blvd,Winter Springs , Florida 32708 : and
WHEREAS, Grantor desires to convey an underground utility easement over,
under, and across a portion of its real property, as legally described herein, for purposes
of allowing Grantee ingress and egress to operate and maintain certain public
improvements and other incidental appurtenances and accessories related to the public
utilities needed to service the property more specifically, to provide for underground
water: and
WHEREAS, Grantor, as fee simple owner of the easement property, also agrees
to assist Grantee in obtaining any local, state, or federal permits required to maintain the
public improvements and any other incidental appurtenances and accessories thereto: and
WHEREAS, Grantor and Grantee believe that this public improvement easement
is in the best interest of the public health, safety, and welfare of the citizens of Winter
Springs and Seminole County
NOW,THEREFORE, in consideration of the enumerated public 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.
2) Grant of Easement.Grantor hereby voluntarily grants and conveys to Grantee,
successors, and assigns, subject to any previous duly recorded easements or grants
of record,public access and improvements and maintenance easement over,
under, and across the real property described as follows:
A portion of tract E,The Highlands section Three,City of Winter Springs,as
recorded in the plat book 17,pages 48 and 49,public records of Seminole
County, Florida. Refer to the attached legal descriptions for utility
easements A,B,C,and D.
(Hereinafter the "Property") of the nature and character and to the extent hereinafter set
forth ("Easement").
3) Purpose of Easement. It is the express purpose of this Easement to provide
Grantee unconditional ingress and egress to operate and maintain public utilities
over, under and from the Property for the purposes stated herein.
4) Rights of Grantee. To accomplish the purposes stated above, and at Grantee's
expense, the following rights are conveyed the Grantee by this easement:
a. To use the Property for ingress and egress and to construct, operate, and
maintain public improvements over, under, and across the Property for the
benefit of the public; and
b. To prevent any activity on or use of the Property that is inconsistent with
the purpose of the Easement, and to require the restoration of areas of
features of the Property that may be damaged by an inconsistent activity or
use; and
c. To grant nonexclusive easements or licenses to any third party public or
private utility for the purposes stated herein; and
d. To cut,trim, and keep clean such trees, brush, and undergrowth that might
hinder or prohibit the use of the Property; and
e. To take any civil action deemed necessary, at the Grantee's sole and
absolute discretion, to protect and preserve the Easement granted
hereunder.
2
5) Permits. The parties acknowledge that certain local, state, and federal permits
may be required from time to time for purposes of constructing, operating, and
maintaining the public improvements and other incidental appurtenances and
accessories referred to herein. Grantor, as fee simple owner of the Property,
hereby agrees to allow Grantee, at Grantee's expense, to make application for
said permits and also agrees to join in any said permit (as signatory or otherwise)
when required by any permitting agency for issuance of the permit.
Notwithstanding, Grantee shall be solely responsible and liable for complying
with any local, state, or federal permit requirements, obligations, and duties(if
any) related to the construction, operation, and maintenance of the public
improvements and other incidental appurtenances and accessory structures.
6) Easements Run with the Land. This Easement shall remain a charge against the
Property. Therefore, this Easement shall "run with the land" and be automatically
assigned by any deed or other conveyance conveying a portion of the Property
relating to this easement, even though conveyance makes no reference to this
Easement as such.
7) Attorney's Fees. In the event of any legal action arising under this Easement
between the parties, the parties agree to incur 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, 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 running with the 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 Property in fee simple and has full and
lawful authority to execute this Easement, convey the Easement to
Grantee, and bind the Property as set forth herein.
b. The 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 Property, from
time to time, as said taxes and assessments come due.
3
d. Grantor hereby warrants the title to the Easement granted hereunder over,
under, and across the Property and will defend the same against Lawful
claims of all persons whomever.
11) Grantee's Right to Seek Equitable Relief. Grantor agrees, acknowledges and
recognizes that any breach of this easement by Grantor would result in irreparable
harm to Grantee and the public, and accordingly, Grantor agrees that in addition
to and not in lieu of all legal and equitable remedies available to Grantee by
reason of such breach, Grantee shall be entitled to equitable relief(including,
without limitation, specific performance and injunctive relief)to enjoin the
occurrence and continuation of the breach.
12) Entire Agreement. 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.
13) Sovereign Immunity. 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.
14) Modifications. This Easement shall only be modified by a written instrument
executed by the parties hereto or any successor, assigns heirs, or representatives
thereto.
15) Grantors Duty of Noninterference.Grantor agrees not to interfere or allow
others to interfere with Grantee's rights to use the Property as specifically set
forth herein. Grantor agrees not to permit or allow the construction or erection of
any building or structure on the Property without prior written consent of the
Grantee.
16) 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 public improvements described herein, Grantee, at
Grantor's written request, agrees to execute an appropriate written instrument to
terminate this easement.
IN WITNESS WHEREOF, Grantor and Grantee set their respective hands on
the day and year above written.
4
WITN SSES:
%Ni Y�j\`1'S, NTOR)
t Named G2i.zac by C___�J . l� -
Print Name/ \h\.Pt E . u1 A&..
STATE OF FLORIDA
COUNTY OF SEMINAL-if D cZ, A 11 6-E
The foregoing instrument was acknowledged • ,. sworn to before me this 7 th
Day of.fa�) , 2006 by \;.\ - s s ho i is notQersonally known to
me, or has produced asi.entification.
AFIEN J.CASEY ' ;it;,t . . .
NOTARY FL911C.STATE Of ROwM
COMMISSION /D/2007 2 •TARY P C ".........
EXPIRES 08/17/2007 ?
SONDE°TNqu 1488-NOTARY p.:, ••
•Y2',
y._ : M o : '1
o , .
WITNESSES CITY OF WINTER SPItikp t pRANTEE)� F
ring K� ,. sr.,r/{ Ronald W. Mc Arno e '
,/Dn-ce, 0 �� City Manager I`•LS.�e..--
I •nt NameJ4n l_•
IMI!!mp
STATE OF FLORIDA
COUNTY OF SEMINOLE
ThG foregoing instrument was acknowledged and sworn to before me this t day of
lik ,2006 by Ronald W. McLemore, City Manager of the City of Winter Springs
lorida who is/is not personally known to me, or as produced
as identification.
I_. . 6-
r NOTARY PUBLIC
J�, INSA! Lorenzo-LUa[ee
i�•S
.e. g My Commisegn 00209/10
E.p,e.May 022001
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