HomeMy WebLinkAbout632 Tuscany Village Utility Easement - RPM Sanford LLC - (SR 46)f,Le�3 d-,
Prepared by:
Kathryn Yankowski, Esq.
Greenberg Traurig, P.A.
333 SE 2nd Avenue, Suite 4400
Miami, FL 33131
Return to:
City of Sanford, Utility Department
City Hall, PO. Box 1788
Sanford, FL 32772
GRANT MALOY, SEMINOLE COUNTY
CLERK OF CIRCUIT COURT & COMPTROLLER
CFN# 2025079025 Bk:10877 Pg:1454-1460(7Pgs)
REC: 08/13/2025 3:02:05 PM by cjones
RECORDING FEES $61.00
CITY OF SANFORD UTILITY EASEMENT
THIS UTILITY EASEMENT is made and entered into the date set forth in the below
notarization (or last notarization or execution date if executed by multiple parties) by and
between RPM SANFORD LLC, a Delaware limited liability company, whose address is
333 S.E. 2nd Avenue, Suite 3000, Miami, Florida 33131, hereinafter referred to as the
"GRANTOR" (regardless of the appropriate usage being singular or plural), and the CITY
OF SANFORD, a municipality of the State of Florida, whose address is 300 North Park
Avenue, Sanford, Florida 32771, hereinafter referred to as the "GRANTEE".
WI TNESSETH:
FOR AND IN CONSIDERATION OF the sum of $1.00 and other good and valuable
consideration, the receipt and sufficiency of which is hereby acknowledged, the
GRANTOR does hereby grant and convey to the GRANTEE and its successors, the
easement rights herein conveyed or granted, upon, under, over, within and across a
portion of real property owned by Grantor situate in the County of Seminole, State of
Florida with the Parcel ID #28-19-30-529-0000-0010, which portion is more particularly
described as follows:
SEE LEGAL DESCRIPTION AND SKETCH ATTACHED HERETO AS
EXHIBIT "A" (the "Easement Area')
Grantor hereby grants to Grantee, subject to the terms and conditions hereof, a
non-exclusive easement TO ENTER UPON THE EASEMENT AREA AND MAINTAIN
THEREIN, AS THE GRANTEE MAY DEEM NECESSARY, THE CITY -OWNED
UNDERGROUND UTILITY FACILITIES THAT EXIST AS OF THE DATE HEREOF
within the Easement Area (the "Existing Utility Facilities").
FURTHER, TO HAVE AND HOLD the right to reasonably enter upon the lands of
the GRANTOR that are immediately contiguous to the Easement Area only to the extent
necessary in order for Grantee to exercise its easement rights under this Utility Easement;
provided, however, in no event shall GRANTEE have any right to disturb or make any modifications
to GRANTEE'S land outside of the Easement Area or any landscaping or improvements thereon.
Any such disturbances or modifications shall be promptly repaired and restored within a
commercially reasonable time, by GRANTEE at GRANTEE'S sole cost and expense, to the
condition existing immediately prior to the disturbance or improvement (or better condition but
expressly excluding tress, landscaping and sidewalks, which shall remain the responsibility of the
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ACTIVE 711937905v2
GRANTOR), including, without limitation, other improvements impacted by any activities of
GRANTEE, its agents, contractors, employees or representatives.
THE GRANTEE shall have the right to clear, keep clear and remove from the
Easement Area any trees, undergrowth, and other obstructions that may interfere with
GRANTEE'S easement rights over the Easement Area granted hereunder, together with
the right to require the successors or permittees of the GRANTEE to accomplish said
actions, and the GRANTOR, and the successors and assigns of the GRANTOR, agree
not to interfere with GRANTEE'S rights hereunder or any Existing Utility Facilities in, on
or upon the Easement Area pursuant to and in accordance with this Utility Easement.
This Utility Easement shall not be construed as a grant of right of way and is limited
solely to an easement for the utility purposes expressly described herein. GRANTOR
shall have full power and right to use, enjoy and operate the Easement Area and its
adjacent land, including, without limitation, for landscaping and other improvements, so
long as such activities do not unreasonably interfere with exercise by GRANTEE of its
rights hereunder.
GRANTEE agrees to release GRANTOR, from and, to the extent provided by, and
subject to the limitations under, Section 768.28, Florida Statutes (as same may be
amended from time to time), to indemnify GRANTOR from any and all losses, costs,
expenses, liens, claims, demands and causes of action of every kind and character for
personal injury, property damage or any other liability, damages, fines or penalties,
including without limitation, attorney's fees and costs through all levels of proceeding,
resulting from, arising out of or in any way connected to the use of the Easement Area by
the GRANTEE or its affiliates, guests, invitees, employees, agents, contractors or
successors, except to the extent that the same are the direct result of the negligence or
willful misconduct of Grantor.
In no event shall GRANTEE have the right to assign its interests or rights (in full or
in part) in or to this Utility Easement.
THE GRANTOR does hereby covenant with the GRANTEE, that it is lawfully
seized and possessed of the Easement Area in fee simple absolute.
[execution pages to follow]
[remainder of page intentionally blank]
ACTIVE 711937905v2
STATE OF FLORIDA
COUNTY OF MIAMI-DADE
I HEREBY CERTIFY that on this day, before me, an officer duly authorized to
administer oaths and take acknowledgments, personally appeared Daniel Kodsi, the sole
manager of RPM Sanford LLC, a Delaware limited liability company, on behalf of said
company, Kwho is personally known to me or { } who produced as
identification and s/he acknowledged before me that s/he executed the same. Sworn and
subscribed before me, by said person by means of {* physical presence or { ) online
notarization on the1�' day ofj!1�2025, the said person did take an oath and was first duly
sworn by me, on oath, said person, further, deposing and saying that s/he has read the
foregoing and that the statements and allegations contained herein are true and correct.
It is intended that the Notary Public to this instrument be an additional witness.
WITNESS my hand and official seal in the County and
13day off, 2025.
,, OSCAR F OSPINA
=o`"Ay
P6a<<, Notary Public -State of Florida
Commission # HH 104421
My Commission Expires
iii�`��` July 10, 2025
ATTEST:
Qj��
Signature"��
Printed Name: C_*9A5 T0QlK"-- ��K�►�EZ
Mailing Address: ' k33 Sh ?Ab LWM . A7207
w" fL 31, ;
ATTEST.•
Printed'Name: 10a on,LLil ta,�e
Mailing Address: � c*-JM 0 " #'2cOG
!r1 iou,,;, - c L. 33 k S i
aid this
Notary Public; State of Flprida
(Affix Notarial Seal) l
Printed Name: O%W E %1?I-A -
My Commission Expires:. '1 110/u
Address: 33:k 'SF_ -2 NVI *r oa
t-�}A^lL . T--L 33t31
RPM SANFORD LLC
Signature
Printed jNe: D odsi
Printedanage
Date: o) 2ozS
ACTIVE 711937905v2
EXHIBIT "A"
EASEMENT AREA SKETCH AND LEGAL
[parties to insert prior to signing]
ACTIVE 711937905v2
SKETCH OF DESCRIPTION
TUSCANY VILLAGE
UTILITY EASEMENT
SECTION 28, TOWNSHIP 19 SOUTH, RANGE 30 EAST
CITY OF SANFORD, SEMINOLE COUNTY, FLORIDA
LEGAL DESCRIPTION
A PARCEL OF LAND LOCATED IN SECTION 28, TOWNSHIP 19 SOUTH, RANGE 30 EAST, CITY OF
SANFORD, SEMINOLE COUNTY, FLORIDA. BEING A PORTION OF THE LANDS OF RPM SANFORD LLC, SAID
LANDS ALSO BEING A PORTION OF LOT 1 TUSCANY VILLAGE, ACCORDING THE PLAT THEREOF AS
RECORDED IN PLAT BOOK 89, PAGES 41 -44 OF THE PUBLIC RECORDS OF SEMINOLE COUNTY,
FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGIN AT THE NORTHEAST CORNER OF LOT 1 OF SAID TUSCANY VILLAGE; THENCE ALONG THE EAST
LINE OF SAID LOT 1, S00'08'40"E, A DISTANCE OF 15.00 FEET; THENCE DEPARTING SAID EAST LINE
OF LOT 1. S89'42'48"W, A DISTANCE OF 329.74 FEET; THENCE S89'56' 18"W, A DISTANCE OF 400.00
FEET; THENCE S00'18'36"E, A DISTANCE OF 20.00 FEET; THENCE S89'55'21 "W, A DISTANCE OF 2.96
FEET TO THE EAST LINE OF TRACT B (COMMERCIAL), TUSCANY VILLAGE, AS RECORDED IN PLAT BOOK
89, PAGES 41 -44; THENCE ALONG SAID EAST LINE OF TRACT B (COMMERCIAL) NOO' 10' 18"W, A
DISTANCE OF 35.00 FEET TO THE SOUTH RIGHT OF WAY LINE OF STATE ROAD 46 (VARIABLE WIDTH
RIGHT OF WAY PER STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION RIGHT OF WAY MAP -
SECTION 77030); THENCE ALONG SAID SOUTH RIGHT OF WAY LINE FOR THE FOLLOWING TWO (2)
COURSES: 1) N89'56' 18"E, A DISTANCE OF 402.91 FEET: 2) N89'42'48"E, A DISTANCE OF 329.75
FEET TO THE POINT OF BEGINNING.
CONTAINING 0.254 ACRES (11049 SQUARE FEET) OF LAND, MORE OR LESS.
SURVEYOR'S NOTES
1. THE PURPOSE OF THIS SKETCH OF DESCRIPTION IS TO PROVIDE A LEGAL DESCRIPTION FOR
UTILITY EASEMENT.
2. THE BASIS OF BEARINGS FOR THIS SKETCH IS THE EAST LINE OF LOT 1. TUSCANY VILLAGE,
WHICH IS RECORDED TO BEAR SOO-08'40"E, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN
PLAT BOOK 89, PAGES 41 -44, PUBLIC RECORDS OF SEMINOLE COUNTY, FLORIDA.
3. THE PROPERTY DEPICTED ON THIS SKETCH IS SUBJECT TO ALL EASEMENTS AND RESTRICTIONS OF
RECORD.
4. THIS LEGAL DESCRIPTION IS INCOMPLETE UNLESS ACCOMPANIED BY A SKETCH OF THE PROPERTY
DESCRIBED HEREIN.
5. THIS IS NOT A SURVEY
THIS SKETCH OF DESCRIPTION OR COPIES THEREOF ARE NOT VALID WITHOUT THE
ORIGINAL SIGNATURE AND SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER.
SKETCH OF DESCRIPTION DATE OF DRAWING: 3 MARCH 2O25
FOR
I EADING EDGE ,. ,RPc HOLDINGS MANAGER: JDH IcADD: scL
LAND SERVICES SURVExb4'S CERTIFICATIOY PROJECT NUMBER: 1313-23001
INCORPORATED I, THE UNQEffSIGI%rM 0IIALDA LICENSED SURVEYOR AND FIELD BOOK NUMBER: N/A
MAPPER', ;,Pp" HERt®Y, 6 RTIFY THAT I HAVE COMPLETED -
8802 EXCHANGE DRIVE I SK IN ACCORDANCE WITH FLORIDA LAST FIELD WORK: N/A
ORLANDO, FLORIDA 32809 DMI {STRATiVE ►2CJLE 3J-17 STANDARD OF PRACTICE —'
PHONE: (407) 351-6730 FOR SIOf�AL' RVFYORS AND MA PERS CREW CHIEF(S): N/A
FAX: (407) 351-9691 �' /.� DATE: D 7U� �� COMPUTER FILE: 1313001SD1.DWG
WEB:www.leaddingedgels.com
FUCENSED BUSINESS NUMBER LB 6846 PROPESSICAAL
LORIDA SURVI 0R AND MAPPER NUMBER 6610 SCALE: N/A SHEET 1 OF 2
SKETCH OF DESCRIPTION
TUSCANY VILLAGE
UTILITY EASEMENT
SECTION 28, TOWNSHIP 19 SOUTH, RANGE 30 EAST
CITY OF SANFORD, SEMINOLE COUNTY, FLORIDA
` STATE ROAD 46
VARIABLE WIDTH RIGHT-OF-WAY
PER STATE OF FLORIDA DEPARTMENT OF
W j TRANSPORTAION RIGHT-OF-WAY MAP - SECTION 77030
X Z I L8 SOUTH R/W
=k
L UTILITY EASEMENT L2
21 0.254 ACRES (11049 SQ.FT.)
0 100 200 RPM SANFORD LLC EAST LINE LOT 1�
LOT 1 SOO'08'40' E
TUSCANY VILLAGE (BASIS OF BEARINGS)
GRAPHIC SCALE 1 "=100' P.B. 89, PGS. 41-44
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STATE ROAD 46
VARIABLE WIDTH RIGHT-OF-WAY
PER STATE OF FLORIDA DEPARTMENT OF
TPANSPC)P AII?N RIrI-IT—(OF—WAY MAP — SFCTIO-E-1101K 77030
SOUTH R/W L7
SR46 COMMERCIAL, LLC 1
O.R.1 0503. PGS. 201 —203 I")
TRACT B
(COMMERCIAL) LS
TUSCANY VILLAGE
P.B. 89, PGS. 41-44
EAST LINE
TRACT B
(COMMERCIAL)
LEGEND
SQ.FT. SQUARE FEET
L3
UTILITY EASEMENT
0.254 ACRES (11049 SQ.FT.)
RPM SANFORD LLC
LOT 1
TUSCANY VILLAGE
P.B. 89, PGS. 41 -44
P.B.
PLAT BOOK
O.R.
OFFICIAL RECORDS BOOK
PG./PGS.
PAGE/PAGES
P.O.C.
POINT OF COMMENCEMENT
P.O.B.
POINT OF BEGINNING
R/W
RIGHT OF WAY
T
TOWNSHIP
R
RANGE
PLS
PROFESSIONAL LAND SURVEYOR
LB
LICENSED BUSINESS
PSM
PROFESSIONAL SURVEYOR AND MAPPER
NAD
NORTH AMERICAN DATUM
NGS
NATIONAL GEODETIC DATUM
THIS SKETCH OF DESCRIPTION OR COPIES THEREOF
ARE NOT VALID WITHOUT THE ORIGINAL SIGNATURE
AND SEAL OF A FLORIDA LICENSED SURVEYOR AND
MAPPER. (SEE SHEET 1 OF 2)
P.O.B.
NE CORNER LOT 1
TUSCANY VILLAGE
P.B. 89, PGS. 41 -44
04
LINE TABLE
LINE
HEARING
DISTANCE
L1
S00'0840"E
15.00'
L2
S89'42'48"W
329.74'
L3
S89'56'18"W
400.00'
L4
SOO' 18'36`"E
20.00"
L5
S89'56'21 "Al
2.96'
L6
N00' 1 O" 18 "W
35.00'
L7
I N89'56' 18"E
402.9 1'
L8
I N89'42'48"E
329.75'
SKETCH OF DESCRIPTION DATE OF DRAWING: 3 MARCH 2O25
FOR
F�LINCORPORATED
EADING EDGE RPC HOLDINGS MANAGER: JDH ICADD: SCL
AND SERVICES PROJECT NUMBER: 1313-23001
THIS IS NOT A SURVEY FIELD BOOK NUMBER: N/A
8802 EXCHANGE DRIVE LAST FIELD WORK: N/A
ORLANDO, FLORIDA 32809 THIS SKETCH IS INCOMPLETE
PHONE: (407) 351-6730 UNLESS ACCOMPANIED BY A CREW CHIEF(S): N/A
VFAX: (407) 351-9691 LEGAL DESCRIPTION OF THE I COMPUTER FILE: 1313001SD1.DWG
WEB:www.leadmgedgels.com PROPERTY DEPICTED HEREON
FLORIDA LICENSED BUSINESS NUMBER LB W" SCALE: 1' 100' SHEET 2 OF' 2
Deed Report
Mon, Mar 03 2025 10:37:24 AM
Deed Name: LOT 1 EASEMENT
Starting Coordinates: Northing 1627851.41, Easting 552476.15
Distance Units: Feet
Bearing
Distance Description
S00008'40"E
15.00
S89042'48"W
329.74
S89056'18"W
400.00
S00018'36"E
20.00
S89056'21"W
2.96
N00010'18"W
35.00
N89056'18"E
402.91
N89042'48"E
329.75
Ending Coordinates: Northing 1627851.41, Easting 552476.15
Area: 11048.54 S.F., 0.254 Acres
Total Perimeter Distance: 1535.37
Closure Error Distance: 0.00 Error Bearing: N79040'04"E
Closure Precision: 1 in 1272696.3