Sketch & Legal Description of Mitigation Bank and Ingress/Egress Access Easements

Transcription

1 Appendix H: Sketch & Legal Description of Mitigation Bank and Ingress/Egress Access Easements Tippen Bay Wetland Mitigation Bank DeSoto County, Florida Prepared by: September, 2017

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11 Original file name: Approved Permanent Access Easement.pdf PERMANENT ACCESS EASEMENT Return original or certified recorded document to: Southwest Florida Water Management District Office of General Counsel 7601 U.S. Hwy. 301 Tampa, FL THIS PERMANENT ACCESS EASEMENT ( Easement ) is given this day of, 2016, by J.R. Paul Properties, Inc. ( Grantor ), whose mailing address is 5701 Ft. Denaud Road, Labelle, Florida 33935, to the Southwest Florida Water Management District ( Grantee ), a public corporation, having an address of 2379 Broad Street, Brooksville, Florida As used herein, the term Grantor shall include any and all heirs, successors or assigns of the Grantor, and all subsequent owners of the Property (as hereinafter defined) and the term Grantee shall include any successor or assignee of Grantee. WITNESSETH WHEREAS, Grantor is the fee simple owner of certain lands situated in DeSoto County, Florida, and more specifically described in Exhibit "A" attached hereto and incorporated herein (the "Property"); and WHEREAS, Grantor has conveyed to Grantee a conservation easement on the property described in Exhibit B attached hereto and incorporated herein (the Conservation Easement Property ); and WHEREAS, Grantor has agreed to grant and convey to Grantee, a permanent nonexclusive access easement over, on, upon, and across the Property for access to the Conservation Easement Property from Farabee Road, as set forth herein. NOW, THEREFORE, in consideration of the mutual covenants, promises, terms and conditions set forth herein, together with other good and valuable consideration provided to Grantor, the adequacy and receipt of which are hereby acknowledged, Grantor hereby voluntarily grants, creates, conveys, and establishes a perpetual easement for and in favor of Grantee upon the Property described on Exhibit A which shall run with the land and be binding upon the Grantor. The scope, nature, and character of this Easement shall be as follows: Page 1 of 11

12 1. Recitals. The recitals herein are true and correct and are hereby incorporated into and made a part of this Easement. 2. Purpose. It is the purpose of this Easement to grant a permanent non-exclusive access easement over, on, upon, and across the Property for the purpose of vehicular and pedestrian ingress and egress to and from the Conservation Easement Property. 3. No Dedication. No right of access by the general public to any portion of the Property is created or conveyed by this Easement. 4. Grantee's Liability. Grantee s liability is limited as provided in Subsection (10) and Section , F.S. 5. Duration. This Easement shall remain in full force and effect in perpetuity. 6. Modification. This Easement may be amended, altered, released or revoked only by written agreement between the parties hereto or their heirs, assigns or successors-in-interest, which shall be filed in the public records in DeSoto County, Florida. 7. Improvement and Maintenance of Easement. Neither Grantor nor Grantee shall have any obligation or duty to improve, maintain, repair or pay any cost to improve, maintain, or repair the Easement on the Property described on Exhibit A, and neither Grantor nor Grantee warrants to the other that the Easement is or will remain suitable for the use of motor vehicles, all-terrain vehicles, or other motorized modes of travel without improvement, repair, or maintenance. Grantee accepts the Easement in its as is condition. 8. Use of Easement Property. Grantor may use the Easement for any purpose that does not unreasonably interfere with the uses granted herein to Grantee. Grantee shall not unreasonably interfere with Grantor s use of the Easement Property. Grantee s use of the Easement shall be at the sole risk and expense of the Grantee. 9. Fences and Gates. Grantor may fence all or a portion of the Property and place one or more gates on the Property. If a gate is installed by Grantor and Grantee uses the gate, Grantee shall close and secure the gate immediately after its use. Grantee shall not damage any fence or gate that is installed by Grantor and shall pay Grantor the cost to repair any fencing or gate that is damaged by Grantee or any of Grantee s agents, guests, licensees, or invitees. Grantor may install a lock on any gate on the Property, and if a lock is installed by Grantor, Grantor shall provide Grantee a key or combination to the lock. If immediately before a gate is opened by Grantee the gate is locked, Grantee shall immediately lock the gate after its use by Grantee. Grantee shall not install a lock on any gate on the Property unless Grantee provides Grantor a key or the combination to the lock. 10. Construction Liens. Grantor s title to and ownership of the Property is not subject to liens for improvements made by Grantee to or upon the Property, and such liability is expressly prohibited as contemplated by Section , Florida Statutes. Grantee shall not permit any lien to be placed against or upon the Property. Page 2 of 11

13 11. Governing Law. This Easement shall be interpreted, construed, governed by, and enforced in accordance with the laws of the State of Florida. All claims, disputes and other matters in question arising out of or relating to this Easement or the breach hereof, shall be decided by proceedings initiated and litigated in the state or federal courts located in or serving DeSoto County, Florida, and the parties expressly consent to the venue and jurisdiction of such courts. 13. Attorneys Fees and Costs. The prevailing party in any litigation brought to interpret or enforce this Easement or for damages for the violation of any duty created by this Easement shall be entitled to recover its reasonable attorney fees and costs from the non-prevailing party. 14. Entire Agreement. This Easement contains the entire understanding of the parties as it relates to Grantee s ingress to and egress from the property described in Exhibit B. Any prior or inconsistent agreement concerning the use of the Property is superseded by this Easement. IN WITNESS WHEREOF, J.R. PAUL PROPERTIES, INC., ( Grantor ) has hereunto set its authorized hand this day of, 20. A Florida corporation, By: Name: Title: (Print) (Signature) Signed, sealed and delivered in our presence as witnesses: By: By: (Signature) Name: Name: (Print) STATE OF FLORIDA COUNTY OF On this, 20, before me, the undersigned notary public, personally appeared, the person who subscribed to the foregoing instrument, as the (title), of J.R. Paul Properties, Inc., a Florida corporation and acknowledged that he executed the same on Page 3 of 11

14 behalf of said corporation, and the he was duly authorized to do so. He is personally known to me or has produced a (state) driver s license as identification. IN WITNESS WHEREOF, I hereunto set my hand and official seal. NOTARY PUBLIC, STATE OF FLORIDA (Signature) (Name) My Commission Expires: Page 4 of 11

15 Exhibit A AN EASEMENT FOR INGRESS AND EGRESS LYING IN SECTION 24, TOWNSHIP 39 SOUTH, RANGE 26 EAST AND SECTIONS 19, 20, 21 AND 28, TOWNSHIP 39 SOUTH, RANGE 27 EAST, DESOTO COUNTY, FLORIDA, LYING 25 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE: COMMENCE AT THE NORTHEAST CORNER OF SAID SECTION 27 AND RUN S00 10'26"E, ALONG THE EAST LINE OF SAID SECTION 27, A DISTANCE OF 1, FEET; THENCE S89 49'34"W, ALONG A LINE PERPENDICULAR TO THE EAST LINE OF SAID SECTION 27, A DISTANCE OF FEET; THENCE N26 07'45"W A DISTANCE OF FEET; THENCE N77 06'33"W A DISTANCE OF 1, FEET; THENCE N48 01'05"W A DISTANCE OF FEET; THENCE N57 05'46"W A DISTANCE OF 5, FEET; THENCE N57 25'00"W A DISTANCE OF FEET; THENCE S78 25'43"W A DISTANCE OF FEET TO THE POINT OF BEGINNING, BEING A POINT ON THE NORTH LINE OF LANDS DESCRIBED IN OFFICIAL RECORDS INSTRUMENT , OF THE PUBLIC RECORDS OF DESOTO COUNTY, FLORIDA; THENCE N52 55'59"W A DISTANCE OF FEET; THENCE S86 51'11"W A DISTANCE OF FEET; THENCE S79 17'00"W A DISTANCE OF FEET; THENCE N74 10'23"W A DISTANCE OF FEET; THENCE N33 38'26"W A DISTANCE OF FEET; THENCE N74 45'36"W A DISTANCE OF FEET; THENCE S79 23'28"W A DISTANCE OF FEET; THENCE S69 27'51"W A DISTANCE OF FEET; THENCE S53 09'35"W A DISTANCE OF FEET; THENCE S47 25'39"W A DISTANCE OF FEET; THENCE S67 07'02"W A DISTANCE OF FEET; THENCE S68 46'13"W A DISTANCE OF FEET; THENCE S63 45'00"W A DISTANCE OF FEET; THENCE S81 49'57"W A DISTANCE OF FEET; THENCE N65 03'15"W A DISTANCE OF FEET; THENCE N76 33'50"W A DISTANCE OF FEET; THENCE S81 12'08"W A DISTANCE OF FEET; THENCE S42 13'50"W A DISTANCE OF FEET; THENCE S60 29'14"W A DISTANCE OF FEET; THENCE S79 40'05"W A DISTANCE OF 1, FEET; THENCE S89 18'05"W A DISTANCE OF FEET; THENCE N54 07'09"W A DISTANCE OF FEET; THENCE N19 16'08"W A DISTANCE OF FEET; THENCE N10 03'39"W A DISTANCE OF FEET; THENCE N33 49'50"W A DISTANCE OF FEET; THENCE N57 10'45"W A DISTANCE OF FEET; THENCE N80 00'08"W A DISTANCE OF FEET; THENCE S78 08'06"W A DISTANCE OF FEET; THENCE S48 23'48"W A DISTANCE OF FEET; THENCE S35 35'25"W A DISTANCE OF FEET; THENCE S28 22'03"W A DISTANCE OF FEET; THENCE S57 17'33"W A DISTANCE OF FEET; THENCE S86 22'57"W A DISTANCE OF FEET; THENCE S89 52'30"W A DISTANCE OF 6, FEET; THENCE S77 51'31"W A DISTANCE OF FEET; THENCE N86 23'59"W A DISTANCE OF FEET; THENCE S59 58'20"W A DISTANCE OF FEET; THENCE S39 31'16"W A DISTANCE OF FEET; THENCE S64 01'16"W A DISTANCE OF FEET; THENCE N88 07'05"W A DISTANCE OF FEET; THENCE N82 55'58"W A DISTANCE OF FEET; THENCE S72 28'35"W A DISTANCE OF FEET; THENCE S85 43'31"W A DISTANCE OF FEET; THENCE S49 09'30"W A DISTANCE OF FEET; THENCE S05 21'40"W A DISTANCE OF FEET; THENCE S47 49'25"W A DISTANCE OF FEET; THENCE S86 49'07"W A DISTANCE OF FEET; THENCE Page 5 of 11

16 S67 56'27"W A DISTANCE OF FEET; THENCE N82 26'37"W A DISTANCE OF FEET; THENCE N77 06'21"W A DISTANCE OF FEET; THENCE S71 42'46"W A DISTANCE OF FEET; THENCE S46 20'51"W A DISTANCE OF FEET; THENCE S32 24'49"W A DISTANCE OF FEET; THENCE S15 39'29"W A DISTANCE OF FEET; THENCE S51 58'58"W A DISTANCE OF FEET; THENCE S84 30'49"W A DISTANCE OF FEET; THENCE S72 26'47"W A DISTANCE OF FEET; THENCE S51 28'41"W A DISTANCE OF FEET TO POINT OF TERMINUS "A", BEING ON THE WEST LINE OF OFFICIAL RECORDS BOOK 593, PAGE , OF THE PUBLIC RECORDS OF DESOTO COUNTY, FLORIDA. AND, RETURNING TO THE AFOREMENTIONED POINT OF BEGINNING, THENCE S52 55'59"E, A DISTANCE OF FEET; THENCE S58 09'15"E, A DISTANCE OF FEET; THENCE S46 18'28"E, A DISTANCE OF FEET; THENCE S07 54'10"E, A DISTANCE OF FEET; THENCE S00 07'28"E, A DISTANCE OF 4, FEET; THENCE S07 27'52"E, A DISTANCE OF FEET; THENCE S24 46'01"E, A DISTANCE OF FEET; THENCE S22 09'27"W, A DISTANCE OF FEET; THENCE S14 03'41"W, A DISTANCE OF FEET; THENCE S03 33'03"E, A DISTANCE OF FEET; THENCE S00 10'34"E, A DISTANCE OF 1, FEET; THENCE N89 55'23"E, A DISTANCE OF FEET; THENCE S59 09'29"E, A DISTANCE OF FEET; THENCE S48 08'44"E, A DISTANCE OF FEET; THENCE S33 45'49"E, A DISTANCE OF FEET; THENCE SOUTHERLY ON THE ARC OF A CURVE TO THE RIGHT HAVING: A RADIUS OF FEET, A DELTA ANGLE OF 57 24'36", A CHORD BEARING OF S05 03'31"E, AND A CHORD DISTANCE OF FEET, FOR AN ARC DISTANCE OF FEET; THENCE S23 38'47"W, A DISTANCE OF FEET TO POINT OF TERMINUS "B", BEING ON THE NORTH LINE OF WETLAND MITIGATION NORTH. THE SIDE LINES OF SAID EASEMENT TO BE LENGTHENED OR SHORTENED TO MEET THE WEST LINE OF SAID OFFICIAL RECORDS BOOK 593, PAGE AND THE NORTH LINE OF WETLAND MITIGATION NORTH, BEING A LINE PASSING THROUGH POINT OF TERMINUS "B" BEARING NORTH 89 57'53" EAST. BEARINGS ARE BASED ON THE EAST LINE OF SECTION 27, TOWNSHIP 39 SOUTH, RANGE 27 EAST, BEING S00 10'26"E. DESCRIPTION IS SUBJECT TO EASEMENTS, RESTRICTIONS, RESERVATIONS AND RIGHTS-OF-WAY OF RECORD. Page 6 of 11

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22 SHEET NUMBER CIVIL ENGINEERING - LAND SURVEYING LAND PLANNING - LANDSCAPE DESIGN 2271 McGREGOR BLVD., SUITE 100 POST OFFICE DRAWER 2800 FORT MYERS, FLORIDA PHONE (239) FAX (239) FLORIDA CERTIFICATES OF AUTHORIZATION ENGINEERING SURVEYING LB-6940 BRYAN PREPARED FOR PAUL CITRUS, INC. P.O. BOX 2357 LABELLE, FL PHONE (863) PROJECT DESCRIPTION A Parcel of Land in Sections 28 & 33, Township 39 South, Range 27 East, Desoto County, Florida NOTES: 1. ALL DISTANCES SHOWN ARE IN FEET AND DECIMALS THEREOF. UNLESS OTHERWISE NOTED DISTANCES ARE ALSO (U.S. SURVEY FEET) GROUND AND CAN BE MULTIPLIED BY TO OBTAIN GRID DISTANCES. 2 INST. No.- DENOTES INSTRUMENT NUMBER, DESOTO COUNTY PUBLIC RECORDS. 3. O.R. - DENOTES OFFICIAL RECORD BOOK, DESOTO COUNTY PUBLIC RECORDS. 4. PG. - DENOTES PAGE. 5. BEARINGS AND COORDINATE SHOWN ARE STATE PLANE FLORIDA WEST ZONE (NAD1983 (NSRS 2007)) ARE BASED ON THE EAST LINE SECTION 27 TO BEAR N00 10'38"W. 6. DESCRIPTION IS ATTACHED. N SCALE IN FEET THIS IS NOT A SURVEY PROJECT SURVEYOR 5949 STATE OF FLORIDA NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER FILE NAME 23467SK02.DWG LAYOUT 2 LOCATION J:\23467\DWG\SURVEYING\SKETCH\ PLOT DATE TUE :47 AM PLOT BY PETER OLSEN DRAWING DATA SURVEY DATE DRAWN BY P. OLSEN CHECKED BY SCALE 1"=300' FIELD BOOK PLAN REVISIONS STRAP NUMBERS (ACCESS EXTENSION) SCOTT A. WHEELER (FOR THE FIRM - LB-6940) PROFESSIONAL SURVEYOR AND MAPPER FLORIDA CERTIFICATE NO DATE SIGNED: NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER. SKETCH TO ACCOMPANY DESCRIPTION PROJECT / FILE NO OF 2

23 DESCRIPTION Parcel in Sections 28 & 33, Township 39 South, Range 27 East, Desoto County, Florida A tract or parcel of land lying in Sections 28 & 33, Township 39 South, Range 27 East, Desoto County, Florida, said tract or parcel of land being more particularly described as follows: COMMENCING at the Southeast corner of Section 27, Township 39 South, Range 27 East, run N00 10'38"W along the East line of said Section 27 for feet to an intersection with Easterly prolongation of the Southerly line of a Conservation Easement described in a deed recorded in Instrument No , Desoto County Records; thence run S89 57'53"W along said Easterly prolongation and continuing along said Southerly line for 6, feet to the POINT OF BEGINNING. From said Point of Beginning run S23 38'47"W for feet to a point of curvature; thence run Southerly along an arc of a curve to the left of radius feet (delta 75 38'47") (chord bearing S14 10'37"E) (chord feet) for feet to a point of tangency; thence run S52 00'00"E for feet to a point of curvature; thence run Southeasterly along an arc of a curve to the right of radius feet (delta 33 00'00") (chord bearing S35 30'00"E) (chord feet) for feet to a point of tangency; thence run S19 00'00"E for feet to an intersection with the Westerly line of a proposed conservation easement; thence run along said Westerly line of the following two (2) courses: S76 38'11"W for feet and S28 58'18"W for feet; thence run N19 00'00"W for feet to a point of curvature; thence run Northwesterly along an arc of a curve to the left of radius feet (delta 33 00'00") (chord bearing N35 30'00"W) (chord feet) for feet to a point of tangency; thence run N52 00'00"W for feet to a point of curvature; thence run Northerly along an arc of a curve to the right of radius feet (delta 75 38'47") (chord bearing N14 10'37"W) (chord feet) for feet to a point of tangency; thence run N23 38'47"E for feet to an intersection with the Southerly line of said Conservation Easement described in a deed recorded in Instrument No , Desoto County Records; thence run N89 57'53"E along said Southerly line for feet to the POINT OF BEGINNING. Containing 2.22 acres, more or less. Bearings hereinabove mentioned are State Plane for the Florida West Zone (1983/NSRS 2007) and are based on the East line of said Section 27 to bear N00 10'38"W. L:\ Tippan Bay\Survey\Descriptions\23467sk02.doc Scott A. Wheeler (For The Firm) Professional Surveyor and Mapper Florida Certificate No Post Office Drawer 2800 Fort Myers, FL Phone (239) Fax (239)

24 DESCRIPTION (CONTINUED) Page 2