The URL can be used to link to this page

Home My WebLink AboutFeichtner, Theodor & Anna Marie - Sanitary Sewer Easement Agreement - 2004 01 07 " 10..'.'.'.'.....'.'...'- .- , 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 MARVINE ~ ClERK IF CIRCUiT cum SEMUILE cwm BK 05200 PES 174b-1752 CLERK'S I 2004024402 RECORDED Nl1aJetM 111 tlle') All DEED DOC TAl L 70 RECORDING FEES n.. RECORDED 8Y t holo. SANITARY SEWEREASEMENT AGREEMENT THIS SANITARY SEWER EASEMENT AGREEMENT is made this 7 T1, day of :Sfmv..f"'t~ ' 2004, by the CITY OF WINTER SPRINGS, a Florida municipal corporation ("Granto ") having a mailing address of 1126 East State Road 434, Wmter Spnngs, Flonda 32708, in favor ofTHEODOR 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, ("Grantee") having a mailing address of Post Office Box 951677, Lake Mary, Florida 32795. WITNESSETH: WHEREAS, Grantor is fee simple owner of certain real property located within the City of Winter Springs, Florida, on which the Grantee desires to acquire a nonexclusive sanitary sewer easement for the sole purpose of connecting to Grantor's sanitary sewer system; and WHEREAS, under the terms and conditions state herein, the Grantor desires to convey a sanitary sewer easement to Grantee for purposes of allowing Grantee to connect to Grantor's existing sanitary sewer system; 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. 2. Grant of Easement. Grantor hereby voluntarily grants and conveys to Grantee, subject to any previous and duly recorded easements or grants of record, a perpetual fifteen (15) foot non-exclusive sanitary sewer easement under, over and across the real property legally described as: See Exhibit "A" Sanitary Sewer Easement City of Winter Springs/TRC Trust Page 1 of 5 . . ("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 Grantee a nonexclusive perpetual use of the Easement Property to connect to Grantor's existing sanitary sewer system. It is also the express purpose of this Easement to provide Grantee reasonable ingress and egress to, over, across, under and from the Easement Property for the sole purpose stated herein. 4. Rights of Grantee. To accomplish the purpose stated above, and at Grantee's sole expense, the following rights are conveyed to Grantee by this Easement: (a) the right for Grantee to install, inspect, alter, improve, repair, rebuild, relocate and remove the sanitary sewer line and related appurtenances; (b) with Grantor's prior written permission, the right of Grantee to clear the Easement Property of trees or limbs, undergrowth and other physical objects which endanger or interfere with the safe and efficient installation, operation, or maintenance of the sanitary sewer line and related appurtenances; and (c) all other rights and privileges reasonably and customarily necessary or convenient for Grantee's safe and efficient operation, maintenance, and/or repair of the sanitary sewer facilities and related appurtenances; and 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 area; 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. Notwithstanding, Grantee hereby covenants and agrees that it shall not unreasonably interfere with the Grantor's use and enjoyment of the Property. 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. 7. Recordation. Grantor 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. Sovereign Immunity. Nothing contained in this Easement shall be construed as a waiver of the Grantor's right to sovereign immunity under Section 768.28, Florida Statutes, or other Sanitary Sewer Easement City of Winter Springs/TRC Trust Page 2 of 5 9. Indemnification. Grantee agrees td the fullest extent permitted by law, to indemnify, defend and hold harmless Grantor and its officers, council members, employees, and attorneys from and against all claims, losses, damages, personal injuries (including but not limited to death), or liability (including reasonable attorneys' fees through any and all administrative, trial and appellate proceedings), arising from, out of, or caused by: Grantee, its officers, employees, agent's, or contractors's, negligent or intentional acts, errors, omissions in the installation, operation, maintenance, or repair of the sanitary sewer line and related appurtenances contemplated herein within the Easement, except to the extent of negligence or wanton misconduct of the Grantor. The indemnification provided above shall obligate the Grantee to defend at its own expense or to provide for such defense, at the option ofthe Grantor, as the case may be, of any and all claims of liability and all suits and actions of every name and description that may be brought against the Grantor or its officers, council members, employees, and attorney's which may result under this Easement. In all events, the Grantor shall be permitted to choose legal counsel of its sole choice, the fees for which shall be subject to and included with this indemnification provided herein, as long as said fees are not greater than a rate deemed reasonable in Seminole County, Florida. 10. 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. 11. Governing 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. 12. 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 GRANTOR: 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. Sanitary Sewer Easement City of Winter SpringsrrRC Trust Page 3 of 5 . J Anthony A. Garganese, City Attorney Brown, Salzman, Weiss & Garganese, P.A. P.O. Box 2873 Orlando, Florida 32802-2873 TO GRANTEE: Theordor or Anna Marie F eichtner TRC Trust P.O. Box 951677 Lake Mary, FL 32795 or to such other address as such party shall 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. 13. 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. 14. Permits. Grantee shall be solely responsible and liable for complying with any local, state, or federal permit requirements, obligations, and duties (if any) related to the installation, operation, maintenance, or repair of the sanitary sewer line and related appurtenances located within the Easement Property. 15. En tire Agreemen t. 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 laws of Florida shall govern this Easement. [Left blank intentional, signatures next page] Sanitary Sewer Easement City of Winter Springs/TRC Trust Page 4 of 5 . . . . '. ,. WITNESSES: --~.-. ZQ-LUACES City Clerk WITNESSES: e~ e~~ I Print Name: ~4t1+ne( <]CMba-rq 4~ ~iVVd Print Name: ~A1JIJJEQ ~~""l~u GRANTEE TRC TRUST, dated March 17,1993 BYftal&?1< ;:;;4.tt THEODOR FEICHTNER, Co-Trustee By~~~QJ&~ A MARIE FEICHTNER, Co-Trustee F:\Lawyer~efib\City of Winter Springs\Agreements\Dr- Courtney\Sanitary _Sewer _ Easement.wpd Sanitary Sewer Easement City of Winter Springs/TRC Trust Page 5 of 5 .J . , . 'EASEMENT "A " UT / L / TY EASEMENT SHEET 1 OF 2 "REAL PROPERTY DESCRIPTION" COMMENCE AT THE N.W. CORNER OF LUTRELL PARK, RECORDED IN PLAT BOOK 11, PAGE 44, PUBUC RECORDS OF SEMINOLE COUNTY, FLORIDA. AS SHOWN ON FLORIDA DEPARTMENT OF TRANSPORTATION MAP SECTION If 77070-2516, SHEET 8. DATED 6/14/89; THENCE RUN S.71 "01'50"E. A DISTANCE OF 15.00 FEET TO THE POINT OF BEGINNING;; THENCE CONTINUE S.71"01'50"E A DISTANCE OF 15.00 FEET; THENCE RUN S.18"58'10"W. 183.07 FEET; THENCE RUN S.66"58'10"W. 42.43 FEET: THENCE RUN RUN N.18"58'10"E. 21.21 FEET: THENCE RUN N.63"58'10"E. 21.21 FEET; THENCE RUN N.18"58'10"E. 176.86 FEET TO THE POINT OF BEGINNING ABBREVIATION LE P.R.II. - PERlIANENT REFERENCE lIONUIIENT p,o.c. - PCINT OF CQ/IIENCEMENT P.c. - POINT OF alRVATURE P.R.C. - PCINT OF R~ alRVATURE P.c.c. - POINT OF CQ/POUND alRVATURE P.T. - PCINT OF TANGENCY P.I. - PCINT OF INlERSEClI()f P.c.P. - PERlIANENT CONlRa. POINT P.O.L - POINT ()f UNE c.a. - aiORD BEARING T.B. - TANGENT BEARING C.1I. - CONCREli: II()fUWENT P.B. - PUT BOOK Pg. - PAGE N.R. - N()f-RADlAL RAn. - RADIAL R. - RADIUS L - ARC lLNGTH " - DELTA RP. - RADIUS POINT R/W - RlQlT-OF~WAY E - CENTER UNE EI.. - El.EVA l10N A/C - AIR CONIlITI()fER T'IP. - T'lPtCAL U.E. - UTlUTY EASatENT O.E. - DRAINAGE EASEIIENT r.r. - ANISHED FlOOR B.S. - BUILDING SE18ACK ~ts. -::. ~ IllOCK SlRUCTURE ~C$ - CALCIJl.A lED G END: CONe. - CONCRETE c.Lr. - aiAIN UNK FENCE w.r. - WOOD FENCE C & G - alRB .. GlJT1ER CATV - CAIU; lELEVISl()f RISER lR.E - 1El.EPHONE RISER lRANS - lRANSI'ORIIER PAD LP. - UGHT P<X..E P.P. - POllER P<X..E N.G. - NATURAL GROUND 50. FT. - SCUARE FEET w.w. - WATER IIEIER r.H. - ARE H'lDRANT N .. D - NAIL AND DISC B.lI. - BENai IIARK PWT. - PAVEllEMT r.B. - AEID BOOK 1I.H. - IlANHOlE (A) - ACTUAl NSl - NO SURVEYOR IDENlIflCA 1I()f FND - rouND REC - RECOIttRE1l SURVEYOR'S NOTES: 1. NOT VALID WITHOUT THE SIGNATURE AND ORIGINAL RAISED SEAL OF A FLORIDA UCENSED SUR~YOR AND MAPPER. 2. lHE "REAL PROPERTY DESCRIPllON" SHOVIN HEREON IS IN ACCORDANCE W1lH lHE DESCRIPll0N PROVIDED BY THE CUENT. J. NO UNDERGROUND IMPRO~MENlS OR VISIBLE INSTALlAllONS HA~ BEEN LOCATED OlHER lHAN SHOVIN. 4.) BEARINGS ARE BASED ON THE EASTERlY UNE AS BEING N.18'SS'10"E, PER 0,0. T. MAP. SURVEYOR'S CERT7FICA TE: THIS IS TO CERllFY THAT THIS SKElCH MEETS THE MINIMUM lECHNlCAL STANDARD AS SET FORlH BY lHE FLORIDA BOARD OF PROFESSIONAL SUR~YOR AND MAPPERS IN CHAPTER 61G17-6, FLORIDA ADIAINISlRAll~ COD PURSUANT TO SECllON 472.027. FLORIDA STAlUTES. 5. n'lIs IS NOT A BOUNDARY SURVEY. CLIENT: TRC TRUST JOB NUMBER: 02-155 COMMENTS SCOTT BECHIR. P.S.M. PROFESSIONAL SURVEYOR k MAPPER FLORIDA REGlSlRA llON NUMBER 5807 FIE! 0 DA TE OmCE SKETCH OF DESCRIP710N N.A. N.A. S.R.B. DATE 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 BOUNDARY SURVEY " SHEET :2 OF 2 ~ . I , . , ......... --- --- --- --- --- N.E. CORNER LOT 26 'tl D.R. MITCHELL'S SURVEY ~ OF THE LEVY GRANT ~& P.B. 1, PG. 5 ~$?' P,O.C'~l ~~ S7" N.W. CORNER S71'o' ,0 1S.0~1'50'"t: LUTTRELL PARK I 150"c v I~"""'__ P .B. 11, PG. 44 I 7 I NOI?1i:; LiNe""'" '" A Of L~....... I / / ~p~- / I ~ /!$ / / Ii /g' ~k / IJ1 I..t. Cbl.i. Q' I lJ / ~Of?g ~ I / -~ / [?r~o<K:: ~. ~ ~-- .;;::. / f::: J..... ~() 6t ./!J I ..:::> / <- If (J >-- . IV) / V) ~J.::.OCb fi ,f I - / I.i] ~ -../ ~J & V)OvifJ [i';:::. I / /1 / ~f1:(j~ eo / f toll f8 ~ / Q.. //~ ~~fh/:8. ...:. . 0 i-::.~ ~ tj f2 I ~ ._::::J ~ Q:: 0 ~ / /~. / f!J fJ/:jo ~ I - /~ ~~ I / / I L :: / I I;; ::~/ 1.1:1 l- I ~ ~/ I / ~/ / / S/ L~<s\o;J / . :5 ~\ I - 0 ~~ ./ :19 ,~<s\a7 t ~ iJ(.~ P.O.B. EASEMENT" A. b I') . .... W ...J <( () U) REMAINDER OF LOT 26, BLOCK B D.R. MITCHELL'S SURVEY OF THE LEVEY GRANT PLAT BOOK 1. PAGE 5 LOT 8 LUTTRELL PARK P.B. 11, PAGE 44 PORTION Of LOT 26. BLOCK B D.R. MITCHELL'S SURVEY OF THE LEVEY GRANT PLAT BOOK 1. PAGE 5 S. TT BECHIR. P.S.M. PROFESSIONAL SURVEYOR t!c MAPPER FlORIDA REGlSTRAl10N NUMBER 5807 S OTT'S SURVEYING SERVICES, SKETCH OF DESCRIP710N N.,I,. N.A S.R.B. DATE 11/17/03 7 S. HWY. 17-92, SUITE 7-A DEBARY, FLORIDA PH. (386) 668-7332 FAX 668-7337 CUENT: TRe TRUST JOB NUJ./BER: 02-155 COMMENTS AEW DATE OFACE BROWN, SALZlv1AN, WEISS & GARGANESE, P.A. Attornrys at Law Usher L. Brown · Suzanne D'AgrestaO Anthony A. GarganeseO Gary S. Salzmano John H. Ward + Jeffrey S. Weiss Offices in Orlando, Kissimmee, Cocoa & Viera Debra S, Babb-Nutcher Joseph E. Blitch Jeffrey P. Buako John U. Biedenharn. Jr, Douglas Lambert Katherine Latorre Michelle A. Reddin Kimberly F. Whitfield +Board Certified Civil Trial Lawyer oBoard Certified Business Litigation Lawyer oBoard Certified City, County & Local Government Law Erin J. O'Leary Of Counsel February 25, 2004 Kip Lockcuff Public Works/Utility Director City of Winter Springs, Florida 1126 East State Road 434 Winter Springs, FL 32708-2799 Re: City of Winter Springs I Theodor and Anna Marie Feichtner Easement Agreements Our File #315-019 Dear Kip: Enclosed please find the following original recorded documents in the aforementioned matter: 1. Cross Access Easement Agreement; 2. Ingress/Egress Easement Agreement; 3. Sanitary Sewer Easement Agreement. These documents are being forwarded to your office for safekeeping. Anthony A. Garganese City Attorney (0 c,V Or') \.flaY? ') J AAG:jf Enclosures 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.orfandolaw.net . Email: firm@orfandolaw.net