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HomeMy WebLinkAboutMeadowbrook Winter Springs, LLC-Easement Agreement- 2003 04 24 '\ "," . . , 111111111111111111111111111 1111111111 ." II ... .. ..- .. .-- . --- '" MARYANNE MORSE, CLERK OF CIRCUIT COURT SEMINOLE COUNTY BK 04807 PG 1187 CLERK'S # 2003075017 RECORDED 05/06/2003 11:17:58 AM RECORDING FEES 33.00 RECORDED BY 6 Harford ~ Prepared by and return to: Jeffrey P. Buak, Esquire Brown, Salzman, Weiss & Garganese, P.A. P.O. Box 2873 Orlando, FL 32802-2873 . Parcel 10 No. 26-20-30-5AR-OOOO-0560 S.R. 434 LANDSCAPE BEAUTIFICATION EASEMENT THIS EASEMENT, made this day of , 2003 by MEADOWBROOK WINTER SPRINGS, L.L.C., whose mailing address is 8390 Championsgate Blvd, Suite 200, Champions gate, FL 33896 (hereinafter called "Grantor") in favor of the CITY OF WINTER SPRINGS, FLORIDA, a Florida Municipal Corporation, whose mailing address is 1126 East State Road 434, Winter Springs, FI 32708 (hereinafter called "Grantee"). WITNESSETH WHEREAS, Grantor is the sole owner of certain real property located within the City of Winter Springs along S.R. 434; and WHEREAS, Grantee is planning to construct and maintain a landscape beautification project along S.R. 434 within the City of Winter Springs; and WHEREAS, Grantor desires to convey ~a perpetual easement over, under, and across a portion of its real property, as legally described herein, for purposes of allowing Grantee to construct, operate and maintain landscaping and irrigation improvements and other incidental appurtenances and accessories thereto along S.R. 434; 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 construct said improvements and any other incidental appurtenances and accessories thereto: and NOW, THEREFORE, in consideration of the enumerated 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) 2) Recitals. The foregoing recitals are hereby incorporated herein by this reference. Grant of Easement. Grantor hereby voluntarily grants and conveys to Grantee, and its successors, and assigns, subject to any previous duly recorded easements or grants of record, a landscape improvements and maintenance easement over, under, and across the parcels of real property described on Exhibit "A", which is attached hereto and incorporated herein by this reference (hereinafter the "Property") of the nature and character and to the extent hereinafter set forth. The 005.288834.1 Page 1 of6 , ) . ' , FILE NUM 2003075017 OR BOOK 04807 PAGE 1188 granting of this Easement will not affect the front, side, and rear setbacks applicable to the Property pursuant to the City of Winter Springs Code. If the Property is undeveloped at the time this Easement is granted, Grantor shall be allowed to permit and construct, through the easement area, a standard driveway for ingress and egress to the Property in accordance with applicable law. 3) Purpose of Easement. This easement is granted for the express purpose of allowing Grantee to use the Property to construct and maintain landscape improvements over, under, and across the Property, including, but not limited to, landscaping, irrigation systems, and any other incidental appurtenances and accessories thereto. It is also the express purpose of this easement to provide Grantee unconditional ingress and egress to, over, under and from the Property for the purposes stated herein. 4) Riehts of Grantee. To accomplish the purposes stated above, and at Grantee's expense, the following rights are conveyed to the Grantee by this easement: a) To use the Property to construct, operate, and maintain improvements over, under, and across the Property including, but not limited to, trees, shrubs, flowers, ground cover (mulch, rocks, grass, etc.), irrigation systems and any other incidental landscaping appurtenances and accessories thereto; 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 or features of the Property that may be damaged by an inconsistent activity or use; .~ c) To use this easement for ingress and egress to the defined improvements; d) To cut, trim, and keep clear such trees, brush, and undergrowth that might hinder or prohibit the use of the Property for the purposes set forth herein; 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. 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 improvements and other incidental appurtenances and accessory structures referred to herein. Grantor as fee simple owner of the Property, hereby agrees to allow Grantee 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 005.288834.1 Page 2 of6 FILE NUM 2003075017 OR BOOK 04807 PAGE 1189 any) related to the construction, operation, and maintenance of the improvements and other incidental appurtenances and accessories thereto. 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, each party shall bear 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 govennnent 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. The Improvements contemplated to be made on this easement are for a Public purpose and therefore not considered as being subject to taxation. If said public improvements are assessed taxes, Grantee will be responsible for the payment oftaxes attributed specifically to the public improvements. 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 Ri2ht 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 accordingly, Grantor agrees that in addition to and not in 005.288834.1 Page 3 of6 '. FILE NUM 2003075017 OR BOOK 04807 PAGE 1190 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 A2reement. 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) Soverei2n Immunitv. 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 Dutv of Noninterference. Grantor agrees not to interfere or allow others under Grantor's control 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 improvements described herein, Grantee, at Grantor's written request, agrees to execute an appropriate written instrument to terminate this easement. Upon termination of the easement by the Grantee, Grantee, upon request made within five (5) days of termination by Grantor, will remove the improvements and restore the Property to its original condition, less reasonable wear and tear. 17) Reciprocal Indemnification. To the extent permitted by law, each party hereto agrees to indemnify and hold harmless the other party hereto and the other party's employees and officers from and against all claims, losses, damages, personal injuries (including but not limited to death), or liability (including reasonable attorney's fees through all appeals), directly or indirectly arising from, or out of the indemnifying party's acts, errors, or omissions, intentional or otherwise, resulting from this easement and Agreement. 005.288834.1 Page 4 of6 FILE NUM 2003075017 OR BOOK 04807 PAGE 1191 IN WITNESS WHEREOF, Grantor and Grantee set their respective hands on the day and year above written. Witnesses: Print Name:k~t (d~e.-~ '~~CL/ PrintName:~~bl~r-n[l~~ GRANTOR: MEADOWBROOK WINTER SPRINGS, LLC, a Delaware limited liability company By: Name: Title: c-L~ GRANTEE: ......,"",\\\ CITY OF WINTE.R''S&RING~~\'aI,Florida municipal corpot1l1~\~. ........ ~/<.{.~.' . :.~\., .-<rIJ' "."') ..,.."..<.,....~~.. :: . .t:) "- \ ~ ~~. "'.... . ~ ,,'f""~.' ~ .,... 4::~r . .,., I ...... '. . , ~ ',' ~ ' ,~ \i-"" ~ '<__ .", By' ~. . . ~ . .--.. d" . E ' . "', . ' .,;.0' " ,.;~ " . _ ' , to ; ~ ~ RONALD W~c"MO~ : 0 : . i. (;) .~ Its CIty Mat4~ ..... CI tY~ ....4., I, '. .. ~ " .t,I.' ....:....... ~"''') If ""3 1t\~" III . S. "- I, \\\\\\",. ' STATE OF FLORIDA COUNTY OF c:6e-€' 0 La ~he foregoin~nstrument was acknowle~ed befqre me this c)./ day of April, 2003, by r /ToN t; ~ck..sa I) , as Pte~slderrf of Meadowbrook Winter Springs, LLC, a Delaware limited liablIity company, on behalf of the company. fu/She is personally kno~ to me or has produced as IdentIhcatlOn. ~.~ 'SMA L~y .m~ : :~ MY ~MISSION # CC 871607 , . . ~ EXPIR~: Jal)JJa/Y 15. 2004 ',~,r,i. Bonded ThriI NolIry fiWl/jc IJndeIwriters 005.288834.1 ~~~ NOTARY PUBLIC ~ Name: ~~ ~. ~/; 01 Serial #: / My Commission Expires: (II S--1'2Ceej Page 5 of6 FILE NUM 2003075017 OR BOOK 04807 PAGE 1192 " STATE OF FLORIDA COUNTY OF SEMINOLE The foregoing instrument was acknowledged and sworn to before me this..)..~ay of .JJP{lJ~ 2003 by RONALD W. McLEMORE, City Manager ofthe City of Winter Springs Florida '8-wti01s personally known to me 0 or who has roduced as identification. Q) ANDREA LORENlO-LUACES MY COMMISSION # CC 6319 1 EXPiRES: May 9, 2003 1-800-3-NOTARY F;a. !\!otn;y Smvioo 3< Bonding Co. ^ ~6~ Page 6 of6 005.288834.1 <: ' FILE NUM 2003075017 OR BOOK 04807 PAGE 1193 . . ... .. 1 t. Exhibit A The southerly ten (10) feet of the following described property (which 10 feet are adjacent and parallel to the northerly right-of- way line of Longwood-Wagner Road, alkJa State Road 434, in Winter Springs, Florida): The East 300 feet of Lot 56, Block D, D. R. MITCHELLS SURVEY of The Levy Grant, as recorded in Plat Book 1, Page 5, Public Records Seminole County, Florida, lying north of Longwood- Wagner Road. .y,.,.......- 005.288833.1 ,.~ BROWN, SALZMAN, WEISS & GARGANESE, P.A. Attorneys at Law Usher L. Brown + Offices in Orlando, Kissimmee, Suzanne D'AgrestaO Cocoa & Viera Anthony A. GarganeseO Gary S. Salzmano John H. Ward + Jeffrey S. Weiss +Board Certified Civil Trial Lawyer oBoard Certified Business litigation Lawyer oBoard Certified City, County & Local Government Law Debra S. Babb-Nutcher Jeffrey P. Buak John U. Biedenharn, Jr. Joseph E. Blitch Michelle H. Brett Douglas Lambert Jennifer A. Michael Michelle A. Reddin Vincent E. Scarlatos May 15, 2003 Erin J. O'Leary RECiiVIID MAV 1 9 2003 C\'NOf~ta~~ errl~ Andrea Lorenzo-Luaces, CMC City of Winter Springs 1126 East State Road 434 Winter Springs, FL 32708 Re: Recorded Easement and Development Agreement Meadowbrook Winter Springs, LLC Our Client: City of Winter Springs - Land Development Our File No.: 315-019 Dear Andrea: Please find enclosed herewith, for your records and safe keeping, the original "S.R. 434 Landscape Beautification Easement" and "First Amendment To Development Agreement Dated October 11,1999", with Meadowbrook Winter Springs, LLC. If you have any questions regarding this matter, please do not hesitate to contact our offices. Enclosures: Originals (2) Very truly YOp i1uJ /p !1t1ak Assistant City Attorney DICTATED, BUT NOT READ MAilED IN MY ABSENCE TO AVOID DELAY 181 JEFfR~V iQUAK JPB/jd F:\Docs\Clty of. Winter Springs\Meadowbrook Winter Springs Golf Club\Correspondence\Lorenzo_Luaces_ Orginal_Recorded_Agreement_Ltr051503.wpd (\ 225 East Robinson Street, Suite 660 . P.O. Box 2873 . Orlando, Florida 32802-2873 Orlando (407) 425-9566 Fax (407) 425-9596' Kissimmee (321) 402-0144' Cocoa & Viera (866) 425-9566 Website: www.orlandolaw.net . Email: firm@orlandolaw.net --"".-.~....~_." --~~""'--'""",",,";"""'--"""--'""~"""""""~~~";"'''-"''"''''"~'-'''"-''-"~'._'.