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Home My WebLink AboutFeichtner, Theodor & Anna Marie -Cross Access Easement Agreement - 2004 01 07 . , - , 11111 '1" If'''" 1111.1 III ~ R ~ fn m ~ D1 1 "I Prepared by and return to: Anthony A. Garganese, Esquire Brown, Salzman, Weiss & Garganese, P.A. Post Office Box 2873 Orlando, Florida 32802-2873 (407) 425-9566 MMl~iE. t<<1RSE., CLEIW: OF C1.RCUIl Ctl'JRl SEMlOOL.E OJiJWlT\' BK 0::~'e:(:'j P6S i 7.32- i 738 CLERtt.~ 5 tl.2'0:04024-41110 REtORt-En ~118l~ 11: 1h@'91 M DEED DOC TAK 0. 10 REtOROIN6 FEES n. RECORDED B't t holidl~.. CROSS ACCESS EASEMENT AGREEMENT THIS CROSS ACCESS EASEMENT AGREEMENT is made this 'I 't'h. day of -:Jft.r\1A":] , 2004, by THEOnOR FEICHTNER, Co-Trustee of the TRC Trust, dated March 17, 1993, and ANNA MARIE FEICHTNER, Co-Trustee of the TRC Trust, dated March 17, 1993, ("Grantor") having a mailing address of Post Office Box 951677, Lake Mary, Florida 32795, in favor ofthe CITY OF WINTER SPRINGS, a Florida municipal corporation ("Grantee") having a mailing address of 1126 East State Road 434, Winter Springs, Florida 32708, . WITNESSETH: WHEREAS, Grantor is fee simple owner of certain real property located within the City of Winter Springs, Florida; and WHEREAS, Section 20-472, City Code requires the establishment of cross access easements for the creation of a cross access corridor providing unified access and circulation systems adgacent to State Road 434; and WHEREAS, Grantor desires, in accordance with Section 20-472, City Code to provide Grantee a non-exclusive cross access easement for the purpose of providing public access across Grantee's property; and WHEREAS, for the benefit of the public, Grantee desires to accept the access to, and use of, the Easement Property for the purposes of allowing public cross access Grantor's property; and NOW, THEREFORE, in consideration of the public purpose stated herein, and the mutual covenants, terms, and conditions and restrictions contained herein, together with other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows: 1. Incorporation of Recitals. The foregoing recitals are hereby incorporated fully herein by this reference. Cross Access Easement City of Winter Springs/TRC Trust Page 1 of 5 2. Grant of Easement. Grantor hereby voluntarily grants and conveys to Grantee, its successors and assigns, on behalf of the public, subject to any previous and duly recorded easements or grants of record, a perpetual non-exclusive ten (10) foot cross access easement over, upon and across the real property legally described as: See Exhibit '"A" ("Easement Property"). Said easement shall be of the nature and character and to the extent hereinafter set forth ("Easement"). 3. Purpose of Easement. This Easement is granted for the express and sole purpose of allowing the public non-exclusive perpetual use of the Easement Property for pedestrian and vehicular passage upon and across the Easement Property. 4. Rights of Grantee. To accomplish the purpose stated above, the following rights are conveyed to Grantee by this Easement for the benefit of the public and may, at the Grantee's sole and absolute discretion, be exercised at any time during the term of this Agreement. (a) the right of nonexclusive use of the Easement Property to provide cross access pedestrian and vehicle passage across Grantor's property; (b) the right of Grantee to clear the Easement Property of trees or limbs, undergrowth and other physical objects which endanger, prohibit or interfere with the safe and efficient use of the Easement Property as contemplated herein; (c) the right to improve the Easement Property as deemed necessary by the Grantee to effectuate the purposes herein provided. (d) all other rights and privileges reasonably and customarily necessary or convenient for Grantee's safe and efficient use of the Easement Property for non-exclusive cross access for Grantee and the public. 5. Grantor's Use of Easement. Subject to and conditioned upon the provisions of Paragraph 3 of this Agreement, Grantor hereby reserves for itself the right to use the Easement Property; provided, however, that Grantor's use may not (i) violate any provision of this Agreement, or (ii) unreasonably interfere with any of Grantee's easements, rights or interest under this Agreement. 6. Easements Run with the Land. This Easement shall remain a charge against the Easement Property. Therefore, this Easement shall run with the land and be automatically assigned by any deed or other conveyance conveying the Easement Property, or a portion thereof, relating to this Easement, even though the conveyance makes no reference to this Easement as such. Cross Access Easement City of Winter Springs/TRC Trust Page 2 of 5 7. 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. 8. Sovereien Immunity. Nothing contained in this Easement shall be construed as a waiver ofthe Grantor's right to sovereign immunity under Section 768.28, Florida Statutes, or other limitations imposed on the Grantor's or Grantee's potentia11iabi1ity under state or federa11aw. 9. Injunctive Relief. The parties agree that, in the event of default, there may not be an adequate remedy at law, and therefore, it is agreed the parties shall be entitled to seek injunctive relief, including a mandatory injunction. 10. Governine Law and Venue. The parties agree that the Agreement was consummated in Seminole County, and the site ofthe Easement is in Seminole County, Florida. This Agreement shall be governed by the law of the State of Florida. Venue for all disputes shall be properly placed in Seminole County, Florida. 11. Notice. All notices, demands, requests, consents, approvals or other communications (collectively, "Notices") required or permitted to be given hereunder or which are given with respect to this Agreement shall be effective only if in writing and delivered by personal service, or delivered to an overnight courier service with guaranteed next day delivery or mailed by registered or certified mail, return receipt requested, postage prepaid, addressed as follows: TO GRANTEE: City Manager City of Winter Springs 1126 East State Road 434 Winter Springs, FL 32708 with copy to: Anthony A. Garganese, City Attorney Brown, Salzman, Weiss & Garganese, P.A. P.O. Box 2873 Orlando, Florida 32802-2873 TO GRANTOR: Theordor or Anna Marie Feichtner TRC Trust P.O. Box 951677 Lake Mary, FL 32795 Cross Access Easement City of Winter Springs/TRC Trust Page 3 of 5 or to such other address as such party shan have specified most recently by like Notice. The aforesaid attorneys for the parties hereto are hereby respectively authorized to give any Notice permitted under this Agreement. Any Notice given as provided herein shall be deemed received as follows: if delivered by personal service, on the date so delivered; if delivered to an overnight courier service, on the business day immediately following delivery to such service; and if mailed, on the third business day after mailing. 12. Modification. Termination. This Easement shall only be modified or terminated by a written instrument executed by the parties hereto or any successor, assigns, heirs, or representatives thereto, and upon recordation in the public records of Seminole County, Florida. 13. Entire A~reement. 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 subj ect matter contained in this Easement. The laws of Florida shall govern this Easement. 14. Liability. To the extend permitted by law, and without waiving Grantee's right to sovereign immunity, each party to this Easement shall be responsible for any and all claims, demands, suits, actions, damages, and causes of action related to or arising out of or in any way connected with its own actions and omissions, and the actions of its personnel and agents, in performing their obligations and responsibilities under this Easement. IN WITNESS WHEREOF, Grantor and Grantee have set their respective hands on the day and year first above written. WITNESSES: GRANTOR ArTE~T~ !~I \, l ~~~~RENZ~~LUACES City Clerk . t eES~~ . Bl/~ Print Nam;J>Ic'~if>c; el,-,- ~B l" 'I S Cross Access Easement City of Winter SpringsrrRC Trust Page 4 of 5 By(kL~uw _ ANNA MARIE FEICHTNER, Co-Trustee ~~~^'\ ~Q)~ / Print Name: S~VJ+r7("f 'BQr ~ro, F:\Lawyer~eflb\City of Winter Springs\Agreements\Dr. Courtney\Ingress _Frontage _ Easement.\vpd Cross Access Easement City of Winter Springs/TRC Trust Page 5 of 5 lie "_ INGRESS/EGRESS EASEMENT . SHEET 1 OF 2 "REAL PROPERTY DESCRIPTION" COMMENCE AT THE N.W. CORNER OFLUTRELL PARK, RECORDED IN PLAT BOOK 11, PAGE 44, PUBLIC RECORDS OF SEMINOLE COUNTY, FLORIDA, AS SHOWN ON FLORIDA DEPARTMENT OF TRANSPORTATION MAP SECTION # 77070-2516, SHEET 8, DATED 6/14/89; THENCE RUN S.18.08'48~W. A DISTANCE OF 403.94 FEET TO THE POINT OF BEGINNING; THENCE RUN N.37"44' 48~W. 201.86 FEET; THENCE RUN S.18'58'10~W. 11.96 FEET; THENCE RUN S.38.44'48"E. 201.86 FEET; THENCE RUN N.18'58'10~E. 11.96 FEET TO THE POINT OF BEGINNING. P.R.lot. - PERIIANENT REITRENCE lotONUlotENT P.o.e. - POINT OF COIIlotENCElotENT P.e. - POINT OF CURVATURE P.R.e. - POINT Of RE\'ERSE CURVATURE P.e.e. - POINT OF COIIPOUNO CURYA TURE P.T. - POINT OF TANGDICY P.I. - POINT Of INTERSEcnON P.e.P. - PER\lANENT CONTROl POINT P.o.L - POINT ON UNE e.B. - 0i0R0 IIEARING T.B. - TANGENT BEARING e.lot. - CONCRETE lotONUlotENT P.B. - PlAT BOOK Pg. - PAGE N.R. - NON-RADIAl RAD. - RADIAl R. - RADIUS L - ARC LENGlH l1 - DELTA R.P. - RADIUS POINT R/W - RIGHT-OF-WAY ~ - CENTER UNE EL - El.EVAnON A/c - AIR CONOlnONER TYP. - TYPICAl U.E. - unuTY EASEIIENT O.E. - DRAINAGE EASEIIENT .... - F'lNISHED FLOOR B.s. - BUIUlING SETBACK ~ts. -= ~ BlOCK STRUCTURE let - CALCUl..ATED LEGEND: CONe. - CONCRETE e.L.. - CHAIN UNI< FENCE W... - WOOD FENCE C .. G - CURB .. GUTTER CATV - CABLE rn..E\llSlON RISER TEl.E - TELEPHONE RISER TRANS - TRANSfDRIIER PAD LP. - UGHT POLE P.P. - POWER POLE N.G. - NATURAl GROUND SQ. FT. - SQUARE F'EET W.lot. - WATER lotETER ..H. - FlRE HYDRANT N .. 0 - NAIL AND DISC B.lot. - BENCH lotARl< PWT. - PAVElotENT ..B. - FlElD BOOK lot.H. - lotANHOU: (A) - ACTUAl NSI - NO SUR\'EYDR IDENnFlCAnON F'NO - rouND REC - RECD\OED ABBREVIATION SURVEYOR'S NOTES: 1. NOT VALID WITHOUT THE SIGNATURE AND ORIGINAL RAISED SEAL OF A flORIDA UCENSED SURVEYOR AND MAPPER. 2. THE 'REAL PROPERTY DESCRIPTION' SHOWN HEREON IS IN ACCORDANCE WITH THE DESCRIPTION PRO\llDED BY THE CUENT. J. NO UNDERGROUND IMPROVEMENTS OR \/IS1BLE INSTAlLATIONS HAVE BEEN LOCATED OTHER THAN SHOWN. 4.) BEARINGS ARE BASED ON THE EASTERLY UNE AS BEING N.18"58'10'E. PER D.O. T. lotAP. 5. THIS IS NOT A BOUNDARY SURVEY. SURVEYOR'S CERnFlCA TE: lHlS IS TO CERTIfY lHA T lHlS SKETCH MEETS lHE MINIMUll TECHNICAL STANDARDS AS SET FORTH BY THE flORIDA BOARD OF PROFESSIONAL SURVEYORS AND MAPPERS IN CHAPTER 61G17-6, flORIDA ADMINISTRATIVE CODE, PURSUANT TO SECTION 472.027, flORIDA ST~. /__ /J .-/ ///', CLIENT: TRC TRUST JOB NUMBER: 02-155 COMMENTS FIELD DA TE OFFICE DATE SKETCH OF DESCRIPTION N.A. N.A. 5.R.B. 11/17/03 S OTT'S SURVEYING SERVICES, IN 7 S. HWY. 17-92, SUITE 7-A DEBARY, FLORIDA PH. (386) 668-7332 FAX 668-7337 11 SKETCH OF DESCRtP TlON 11 SHEET 2 OF 2 ---- ------- ------- ------- ------- ------- ------- ------- N.E. CORNER LOT 26 ~ D.R. MITCHELL'S SURVEY 1::'/ OF THE LEVY GRANT .:2 /5 P.B. 1, PG. 5 !l1j,0' P. O. C. t ,.., f NORTH LINE OF LUTTRELL PARK N.W. -.. ~ ~ LUTTRlli PARK / P.B. 11. PG. 44 ~ /' 1 REMAINDER OF LOT 26, BLOCK B D.R. MITCHELL'S SURVEY OF THE LEVEY GRANT PLAT BOOK 1, PAGE 5 PORTION OF LOT 26. BLOCK B D.R. MITCHELL'S SURVEY OF TliE LEVEY GRANT ~ PLAT BOOK 1, PAGE 5 ~o :::05 10 ,&; . , (J(J (J. " " /' ,,'< " ,,~ ~ '\)~ 'O.~. '9. ~ ~~ 'f9}.. ,,~ {- ,,7~ " ~\ "\\\ ,r ~ , .~ ~~'\ .~" '\" ~~ "b~ "" " ~<;l ( ~'b~ V'Q> ??o '57 Q>.;/ i.i: 'A\ ~ ~u'.~6'. '57 o ----= ~1- ( .~ S'/'- , -'1 J'~ ~ ~/: ~ ~ 0 1JO -'1() ~() )( i.J" X'/ )( <.9 CUENT: TRC TRUST JOB NUMBER: 02-155 COMMENTS RELD DA TE OffiCE DA TE SKETCH OF DESCRIPnON N.A. N.A. S.R.B. 11/17/03 C'/~ "i" ,.,,' ":>/0 - "l- t:: ~/ ~ !!I t:: 1 ~~ q, 1 ~ ."i 0 .., ..... Ii ~I /J? '" ~ . ;::.'" ~ is :::1' '" ~.., ~r::- . 01 !l1e. ~t'1 '" -'1 ~ b v II W ...J <( U en 1 I P.O.B. EASEMENT C S OTT'S SURVEYING SERVICES, IN 7 S. HWY. 17-92. SUITE 7-A DEBARY, FLORIDA PH. (386) 668-7332 FAX 668-7337