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HomeMy WebLinkAbout05.e.08 GOE - Saratoga Springs - Feed Mill Rd S Prepared under the direction of, Record and return to: Grady H.Williams,Jr.,Esq. do Clay County Utility Authority 3176 Old Jennings Road Middleburg,Florida 32068-3907 GRANT OF EASEMENT Parcel No.: 31-05-26-014455-000-00 Project Name: Saratoga Springs LAMPA Transmission Mains (Feed Mill Road-South) THIS INDENTURE, made this l day of -6 `i ,A.D. 2025,BETWEEN SARATOGA SAGEBROOK,LLC, a Delaware limited liability company,whose mailing address is 11700 Plaza America Drive, Suite 500, Reston, Virginia 20190, hereinafter called GRANTOR, and CLAY COUNTY UTILITY AUTHORITY,an independent special district and political subdivision of the State of Florida, existing and created under Chapter 94-491, Laws of Florida, Special Acts of 1994, whose business address is 3176 Old Jennings Road, Middleburg, Florida 32068-3907, hereinafter called GRANTEE. WITNESSETH: That GRANTOR,for and in consideration of the sum of Ten Dollars($10.00)and other good and valuable consideration to them in hand paid by GRANTEE, the receipt whereof is hereby acknowledged, has granted, bargained, sold and conveyed to the GRANTEE, its successors and assigns forever a non-exclusive right-of-way and easement with the right, privilege and authority to said GRANTEE, its successors and assigns,to construct,operate, lay,remove,maintain,improve and/or repair associated underground equipment for existing and future water, wastewater, and/or reclaimed water utilities, any or all, on, along, over, through, across or under the following described land, situate in Clay County, Florida, to-wit(the "Easement Area"): See EXHIBIT"A", attached hereto and by reference made a part hereof. TOGETHER,with the right of said GRANTEE,its successors and assigns,of ingress and egress,to and over the Easement Area, and for doing anything necessary or useful or convenient upon, over, under Easement Area, together also with the right and easements, privileges and appurtenances in and to the Easement Area which may be required for the enjoyment of the rights herein granted. GRANTOR does hereby fully warrant the title to the grant of the Easements described herein and will defend the same against the lawful claims of all persons claiming by, through or under GRANTOR but against none other, and subject to covenants,restrictions, easements, and other matters of record,any matter that would be disclosed by an accurate and complete survey of the Easement Area, and taxes and assessments for 2024 and subsequent years;provided,however,this reference shall not operate to reimpose the same. GRANTOR,for itself and its successors and assigns,hereby reserves the right to use the Easement Area for any lawful purpose not inconsistent with the grants, agreements, and covenants created hereby, including,but not limited to(i)the right to grant easements and licenses to others over,across,and under the Easement Area so long as such grants do not unreasonably interfere with the GRANTEE's rights hereunder, and (ii) the right to construct and install improvements in the Easement Area that do not unreasonably interfere with the GRANTEE's rights hereunder,including,but not limited to,horizontal improvements such as landscaping,paving, driveways, entrances, and sidewalks. GRANTEE shall maintain, in good condition and repair, at its sole cost and expense, all improvements it constructs or installs within the Easement Area. If GRANTEE causes any damage to GRANTOR's property,GRANTEE shall,at GRANTEE's sole cost and expense,promptly and fully repair and restore the ground surface and any improvements located on GRANTOR's property to approximately the same condition as said ground surface existed prior to such damage, as is reasonably practical under the circumstances. GRANTOR reserves the right from time to time to relocate the Easement Area to another location within GRANTOR's property; provided, however, that (1) such relocation provides to GRANTEE substantially the same benefits and nse provided by the initial Easement Area and that GRANTOR notifies GRANTEE in advance of such relocation;(2)any relocation of GRANTEE's utility facilities shall be at no cost to GRANTEE;(3)the improvements-that are relocated,replaced,or substituted shall be installed and/or constructed in manner that allows for continuous operations of the utility service, in accordance with all then applicable laws and regulations and shall be of approximately the same size, capacity, quality, character, and use as existed immediately prior to such relocation, replacement, or substitution; and (4) GRANTEE shall be provided with a(2).two-year maintenance warranty guaranteeing said improvements against faulty workmanship and materials.. GRANTOR and GRANTEE agree to work collaboratively and to reasonably cooperate with each other in accommodating any such relocation for the ultimate benefit of both parties. Up to the maximum limits of GRANTEE's liability in tort pursuant to s.;768.28,Florida Statutes,or any successor statute thereto, GRANTEE shall indemnify, defend, and hold Grantor harmless from and against all claims, liabilities, and expenses (including reasonable attorneys' fees) relating to accidents, injuries,loss, or damage of or to any person or property arising directly from the negligence or intentional misconduct of GRANTEE or others acting on behalf of GRANTEE in connection with their use of the Easement Area;provided further,however,the foregoing shall not apply to the extent any claims,liabilities, and expenses are caused by the negligence, gross negligence or intentional misconduct on the part of the GRANTOR or others acting on behalf of GRANTOR. GRANTEE and each of its contractors, subcontractors, consultants, or agents performing any work on behalf of GRANTEE shall procure and maintain adequate insurance coverage. To the extent any construction lien is recorded against the Easement Area, or against any of the GRANTOR's parent parcels within which the Easement Area is located, in connection with the construction or maintenance of the facilities described in this easement, GRANTEE shall discharge or bond off the same within ten(10) days of notice of such lien. IN WITNESS WHEREOF, the said GRANTOR has caused this instrument to be executed in its name by its authorized officer(s) the day and year first above written. [Signatures Begin Next Page] Signed and Sealed in our Presence: GRANTOR: SARATOGA SAGEBROOK,LLC, a Delaware limited liability company, Witness: By Q� (Seal) Print Name: 5�� �,,,1 �� f jn. Daniel D:Malzahn, Chief Executive Officer Address: i/w70 ftf4a1 Ay,,cn,t et 1Jr,. Address: /6'00 0/474 A'pi rn,'r et pf S - 5 60 sty. Ste VA- 20/qo A-tsKnr, V4 20 / 9c) Witness . Print Name: ilia /'�wr.rk r Address: //74 So..7.e, nni L Ir. Sc.•f,� S� sc- V4 " ,2 e/90 STATE OF VIRGINIA COUNTY OF FAIRFAX The foregoing instrument was acknowledged before me by means of 0 physical presence or ❑ online notarization,this 1.0) day of Rion/ay-Li ,2025;by DANIEL D.MALZAHN,as CHIEF EXECUTIVE OFFICER of SARATOGA SAGEBRbOK,LLC,a Delaware limited liability company, who is personally known to me or has produced Lam. I liters L(c , as identification: Betty Cadge,Perea Print Name: Fcre� f Cormsornraatih of Virginia Address: Ina) 'A♦ Arti,vice, Pie StD i• r IS Notary Public ' '' Commission No.8099675 VS11,11 VW 2-0 i 0 My Commission Expires Apri1 30,2027 NotaryPublic in and for the County and State Aforesaid My Commission Expires: ETni SURVEYING&M AP P I N G 14775 Old St.Augustine Road,Jacksonville,Florida 32258 etminc.com 1904.642.8550 December 27, 2024 Work Order No.24-028.00 Page 1 of 2 File No. 130B-14.00J Utility Easement No. 1 A portion of Section 36, Township 5 South, Range 25 East, Clay County, Florida, being more particularly described as follows: For a Point of Reference, commence at the Northwest corner of Section 1, Township 6 South,Range 25 East; thence North 89°29'14"East, along the Northerly line of said Section 1, said line also being the Southerly line of Parcel A, as described and recorded in Official Records Book 1863, page 1745, of the Public Records of said county, 90.02 feet to the Point of Beginning. From said Point of Beginning, thence North 00°45'58" East, departing last said line, 543.03 feet to a point on a non-tangent curve concave Easterly having a radius of 1489.18 feet; thence Northerly along the arc of said curve,through a central angle of 31°37'42",an arc length of 822.06 feet to a point on said curve, said arc being subtended by a chord bearing and distance of North 16°34'17" East, 811.66 feet; thence Northerly along the arc of a non-tangent curve concave Westerly having a radius of 1569.84 feet, through a central angle of 55°49'14", an arc length of 1529.42 feet to a point on said curve, said arc being subtended by a chord bearing and distance of North 04°29'O1"East, 1469.65 feet;thence South 64°59'52"West,along a non-tangent line,94.66 feet; thence North 72°51'54" West, 119.98 feet to a point lying on the Southeasterly right of way line of Cathedral Oak Parkway, a variable width right of way as depicted on Cathedral Oak Parkway Phase 1 Second Replat, recorded in Plat Book 73, pages 6 through 14, of said Public Records; thence Northeasterly along said Southeasterly right of way line and along the arc of a non-tangent curve concave Northwesterly having a radius of 2380.00 feet,through a central angle of 00°01'29", an arc length of 1.02 feet to the point of tangency of said curve, said arc being subtended by a chord bearing and distance of North 59°14'29" East, 1.02 feet; thence North 59°13'45" East,continuing along said Southeasterly right of way line, 31.32 feet; thence South 72°51'54" East, departing said Southeasterly right of way line, 89.06 feet to a point lying on the Southeasterly line of Tract "B", Cathedral Oak Parkway Phase 1 Replat, recorded in Plat Book 71, pages 22 through 25,of said Public Records;thence North 64°59'52"East, along said Southeasterly line, 92.00 feet to an angle point; thence North 24°59'20" West, along the Northeasterly line of said Tract"B", a distance of 23.50 feet to a point on a non-tangent curve concave Easterly having a radius of 59.72 feet; thence Northerly continuing along said Northeasterly line and along the arc of said curve, through a central angle of 25°13'28", an arc length of 26.29 feet to a point on said curve, said arc being subtended by a chord bearing and distance of North 12°18'57" West, 26.08 feet; thence Southeasterly departing said Northeasterly line and along the arc of a non-tangent curve concave Southwesterly having a radius of 1582.00 feet,through a central angle of 02°01'24", an arc length of 55.87 feet to a point on said curve, said arc being subtended by a chord bearing and distance of South 25°03'58" East, 55.86 feet; thence North 20°44'07" East, along a non- tangent line, 93.23 feet; thence North 30°46'15" West, 24.77 feet to a point lying on said Southeasterly right of way line; thence North 59°13'45" East, along said Southeasterly right of way line, 60.06 feet;thence South 20°44'07"West, departing said Southeasterly right of way line, 174.09 feet to a point on a non-tangent curve concave Westerly having a radius of 1582.00 feet; Jacksonville I Orlando I Ormond Beach fAi ) J December 27,2024 Work Order No.24-028.00 Page 2 of 2 File No. 130B-14.00J Utility Easement No. 1 (continued) thence Southerly along the arc of said curve, through a central angle of 55°30'19", an arc length of 1532.56 feet to a point of reverse curvature, said arc being subtended by a chord bearing and distance of South 04°37'53"West, 1473.33 feet;thence Southerly along the arc of a curve concave Easterly having a radius of 1478.00 feet, through a central angle of 31°37'04", an arc length of 815.61 feet to the point of tangency of said curve, said arc being subtended by a chord bearing and distance of South 16°34'30" West, 805.30 feet; thence South 00°45'58" West, 542.76 feet to a point lying on said Northerly line of Section 1;thence South 89°29'14"West,along said Northerly line, 12.00 feet to the Point of Beginning. Containing acres,0.99 more or less. ETM SURVEYING&MAPPING 1 SKETCH TO ACCOMPANY DESCRIPTION OF A PORTION OF SECTION 36, TOWNSHIP 5 SOUTH, RANGE 25 EAST, CLAY COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED IN SEPARATE ATTACHMENT. r•-•-•-•-•-•-•-•-•-, /j--. 1 �i-1.' ,-- . CATHEDRAL OAK PARKWAY I gip` (VARIABLE WIDTH R/W) -''' I Ii f •--��SHEET 4 -- I, L._._ _.J ___ --___ _ SEE Ii SHEET 3 I I , t . I I PARCEL A H L — — —-— — —'—•d O.R.B. 186 PAGE 17453, I SEE I I SHEET 2 I I I I0 3O` 600 I° I UTILITY GRAPH/C SCALE/N FEET I EASEMENT No. I /'=600' I 0.99 ACRES± I I N8929'14"E 90.02'm Sly LINE OF PARCEL A 1• `rE LEGEND: I c*o SECTION 36 O.R.B. OFFICIAL RECORDS BOOK ? TOWNSHIP 5 SOUTH PC POINT OF CURVATURE I `s RANGE 25 EAST PT POINT OF TANGENCY 1 POC POINT ON CURVE L— PRC POINT OF REVERSE CURVATURE SECTION'1 R RADIUS I O i. II TOWNSHIP 6 SOUTH a CENTRAL ANGLE y�G� lI RANGE 25 EAST L ARC LENGTH L._._ If _._._.J . .CB CHORD BEARINGCH CHORD DISTANCE POINT OF I POINT OF N.ly LINE OF SECTION 1 CCUA CLAY COUNTY UTILITY AUTHORITY REFERENCE iI BEGINNING NW CORNER II SHEET 1 OF 4 OF SECTION 1 ii II GENERAL NOTES: 1) THIS IS NOT A SURVEY. 1 2) BEARINGS BASED ON THE NORTHERLY LINE OF SECTION 1 AS BEING NORTH 8929'14' EAST. THIS ITEM HAS BEEN ELECTRONICALLY SIGNED AND SEALED USING A DIGITAL SIGNATURE. PRINTED COPIES OF THIS DOCUMENT ARE NOT CONSIDERED SIGNED AND SEALED AND THE ETmTrusted SIGNATURE MUST BE VERIFIED ON ANY ELECTRONIC COPIES. Advisors, Creating .. Digitally signed by Bob Pittman PSM SURVEYING& MAPPING Community. $ 0.J J. Date:2024.12.31'w"a'.° 09:56:20-05'00' 14775 Old St.Augustine Rd. (904)642-8550 Jacksonville,Florida 32258 www.etrninc.com SCALE: 1`=600' BOB L. PITTMAN Certificate of Authorization No:LB 3624 DECEMBER 27, 2024 PROFESSIONAL SURVEYOR AND MAPPER DATE: STATE of FLORIDA PSM No. 4827 ORDER NO.:24-028.00 nix NO.:130B-14.00J DRANK BY.• JMB CAD F7LE: I:\Survey\RMAproj\Sorotogo Springs\Sketch\Saratogo Springs Utility Esmt l.dwg A PORTION OF SECTION 36, TOWNSHIP 5 SOUTH,' RANGE 25 EAST, CLAY COUNTY, FLORIDA._ . • MATCHLINE SEE SHEET 3 • R=1569.84' A=55 49'14" • ' L=1529.42' CB=N0429'01 E R=1582.00. CH=1469.65' A=5530'19" ' • L=1532.56' • CB=SO4 37'53"W i 3 Off, CH=1473.33' O • D.B. 32, PAGE 412 . SECTION 35 A TOWNSHIP 5 SOUTH R=1478.00" PARCEL O.R.B. L A RANGE 25 EAST A=3137'04" PAGE 1745 R=1489.18' ' L=815.61' d=313T42' CB=S16 34'30"W L=822.06' CH=805.30' CB=N16 34'17 E ' CH=811.66' UTILITY EASEMENT No. 1 0.99 ACRES± POC- PT • • N . h U POINT OF ,W 3 • co REFERENCE • NW CORNER U OF SECTION 1 z v0i . rS.ly LINE OF PARCEL A 2' SECTION•36 -y TOWNSHIP 5 SOUTH `s 1 RANGE 25 EAST . ,ti 44 SECTION 1 �`—S8929'14" '12.00' TOWNSHIP 6 SOUTH O�� W_ RANGE 25,EAST • 4' I I N.ly UNE OF SECTION 1--) N8929'14"E 90.02' • POINT OF BEGINNING II PROPOSED UTILITY EASEMENT I I LEGEND: • O.R.B. OFFICIAL RECORDS BOOK PC . POINT OF CURVATURE PT POINT OF TANGENCY POC POINT'ON CURVE PRC POINT OF REVERSE CURVATURE R RADIUS . A CENTRAL ANGLE L ARC LENGTH • ' CB CHORD BEARING . CH CHORD DISTANCE • CCUA CLAY COUNTY UTILITY AUTHORITY Q 100 200 400 PREPARED BY: SHEET 2 OF 4 ETM SURVEYING MAPPING, INC. 14775 OLD ST. AUGUSTINE ROAD GRAPHIC SCALE IN FEET JACKSONVILLE.,FL 32258 (904) 642-8550 SEE SHEET 1 FOR GENERAL NOTES. '1'=200' CERTIFICATE OF AUTHORIZATION NO. LB 3624 ORDER NO.:24-028.00 RLE Np.130B-14.00J BRAN'By, JMB CAD RE: I:\Survey\RMAproj\Saratoga Springs\Sketch\Saratoga Springs Utility Esmt 1.dwg A PORTION OF SECTION 36, TOWNSHIP 5 SOUTH, RANGE 25 EAST, CLAY COUNTY, FLORIDA. t . . .g gRPCOPk6P�1, ?rk- �) R P* RI A O�P551Op� Zb 0 vip; ,. GP e PPPcEs SS'���p RPP�E� P 04 - 1� GP' 0 .- P 40 RAP 6' /„ �p0 5 fig,PP : C / P�� / 5t_ PARCEL 812 SSE ' ,/ (DRAINAGE EASEMENT) / P.B. 73, PAGES 6-14 i �� I 'o TEMPORARY CONSTRUCTION ' 1 �! -0 0 EASEMENT 719• ��' p5E 2 / O.R.B. 4717, PAGE 1936 —',,/� ROAy 25Zg -- K PPP 5 '/i'S� CA PLpR Ole 6 j���' S CATHEDRALE 1 AREPLAPARKWAY-" PLAT BOOK 71, PAGES 22-25 UTILITY EASEMENT No. 1 0.99 ACRES± PARCEL A D.B. 32, O.R.B. 1863, PAGE 412 PAGE 1745 SECTION 35 SECTION 36 TOWNSHIP 5 SOUTH TOWNSHIP 5 SOUTH RANGE 25 EAST RANGE 25 EAST . R=1569.84' d=55 49'14" L=1529.42' CB=N0429'01 E R=1582.00' CH=1469.65' d=5530'19" L=1532.56' CB=SO437 53"W CH=1473.33' • LEGEND: O.R.B. OFFICIAL RECORDS BOOK MATCHLINE SEE SHEET 2 PC POINT OF CURVATURE PT POINT OF TANGENCY POC POINT ON CURVE PRC POINT OF REVERSE CURVATURE R RADIUS d CENTRAL ANGLE L ARC LENGTH CB CHORD BEARING CH CHORD DISTANCE CCUA CLAY COUNTY UTILITY AUTHORITY 0 100 200 400 PREPARED BY: I UM SURVEYING & MAPPING, INC. SHEET 3 OF 4 14775 OLD ST. AUGUSTINE ROAD GRAPHIC SCALE/N FEET JACKSONVILLE, FL 32258 (904) 642-8550 SEE SHEET 1 FOR GENERAL NOTES. 1'=200' CERTIFICATE OF AUTHORIZATION NO. LB 3624 ORDER NO.:24-028.00 RLE NO.:1308-14.00J DRANK SN LIMB CAD FlLE I:\Survey\RMAproj\Sorotoga Springs\Sketch\Sarotoga Springs Utility Esmt i.dwg • A PORTION OF SECTION 36, TOWNSHIP 5 SOUTH, RANGE 25 EAST, CLAY COUNTY, FLORIDA. . CURVE TABLE CURVE RADIUS CENTRAL ARC CHORD CHORD ANGLE LENGTH BEARING DISTANCE C1 2380.00' 0'0129" 1.02' N59'14'29"E 1.02' C2 59.72' 25'13'28" 26.29' N12'18'57"W 26.08' .: C3 1582.00' 2 01 24" 55.87' S25"03'58"E 55.86' • ' LINE TABLE ' LINE BEARING LENGTH , L1 56439'52"W 94.66' ' L2 N7251'54"W 119.98' . / L3 N59'13'45E 31.32' ,,e' L4 S7251'54"E 89.06' . ' L5 N64'59'52"E 92.00' " J�P� L6 N245920"W 23.50' • , QPR.trl L7 N20'44'07 E 93.23' ,,' P� RI 0 \��� P�4P�1 L6 N30'46'15"W 24.77' • / LP A • P �O�\AO- 5�9 SAS 0- �� • L9 N59'13.45"E 60.06' �/ G ' R �C ; 5 P . . L10 S20 44'07"W 174.09' .' O saPSBOO`( --' • 1• iN---___< i L9 • 1 -'%- PARCEL 812 - - (DRAINAGE EASEMENT) /� - ' - P.B. 73, PAGES 6-14 SE.Iy R/W LINE NE.Iy LINE OG-- �-p TEMPORARY CONSTRUCTION OF CATHEDRAL SE.1 LINE C2 P -�. EASEMENT 719 OAK PARKWAY y C2 v v - O.R.B. 4717, PAGE 1936 'PO` L3 . �- a+ PARCEL A Cl -' -'- V. 1-5 pOG O.R.B. 1863, -o PAGE 1745 . „ 1,0G. - o o SECTION 36 P �2 1� �' TOWNSHIP 5 SOUTH ,. RANGE 25 EAST /Cx UTILITY y • EASEMENT No. 1 TRACT 'B" CATHEDRAL OAK PARKWAY �.99 ACRESt PHASE 1 REPLAT PLAT BOOK 71, ' • PAGES 22-25 R=1582.00' R=1569.84' d=55'30'19" ' d=5549'14" L=1532.56' L=1529.42' CB=SO4 37'53"W CB=N0429'O1 E CH=1473.33' CH=1469.65' LEGEND:• . OFFICIAL RECORDS BOOK MATCHLINE SEE SHEET 3 PC POINT OF CURVATURE PT POINT OF TANGENCY POC POINT ON CURVE ' PRC POINT OF REVERSE CURVATURE R RADIUS d CENTRAL ANGLE L ARC LENGTH CB CHORD BEARING CH CHORD DISTANCE CCUA CLAY COUNTY UTIUTY AUTHORITY 0 50 100 200 PREPARED BY: SHEET 4 OF 4 ETM SURVEYING MAPPING, INC. 14775 OLD'ST. AUGUSTINE ROAD GRAPH/C SCALE./N FEET JACKSONVILLE FL 32258 (904) 642-8550 SEE SHEET 1 FOR GENERAL NOTES. 1",-. f00' CERTIFICATE OF AUTHORIZATION NO. LB 3624 ORDER NO.:24-028.00 FILE N0.:1308-14.00J DRARN BY.' JMB co FlLe I:\Survey\RMAoroj\Saratoga Springs\Sketch\Saratoga Springs Ulilily Esmt 1.dwg