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Home My WebLink AboutFeichtner, Theodor & Anna Marie - Ingress/Egress Easement Agreement - 2004 01 07 • a 1 ~ r ~ '~ . . Prepared by and return to: Anthony A. Gazganese, Esquire Brown, Salzman, Weiss & Gazganese, P.A. Post Office Box 2873 Orlando, Florida 32802-2873 (407) 425-9566 NARYAI~N~E MOR.~y CLEnt DF CIRCUIT CQIRT SENINOi.E C~IMTY aK ~ Fps i~~~-i~45 CLERK'S ~ ~~14~4401 !1'/18/PN4 11111:19 AM DEED DQC TAIL l~ ~ REI+ORDINB FEES ~3.lD REt~LED 8Y t hsldea INGRESS/EGRESS EASEMENT AGREEMENT THIS INGRESS/EGRESS EASEMENT AGREEMENT is made this ~ ~ day of IMK~ 2004, by the CITY OF WINTER SPRINGS, a Florida municipal corporation ("Grantor" having a mailing address of 1126 East State Road 434, Winter Springs, Florida 32708, in favor of THEODOR 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 ingress/egress easement for the sole purpose of providing public ingress and egress to and from Grantee's property; and WHEREAS, under the terms and conditions state herein, the Grantor desires to convey an ingress/egress easement to Grantee for purposes of allowing public ingress and egress to and from Grantee'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 ofwhich is hereby acknowledged, the parties agree as follows: 1. Incomeoration of Recitalsof 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 non-exclusive forty (40) foot ingress/egress easement over and across the real property legally described as: Ingress/Egress Easement City of Winter Springs/TRC Trust Page 1 of 5 .~ 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 providing non-exclusive public ingress/egress access to the Grantee's property. It is also the express purpose of this Easement to provide Grantee reasonable ingress and egress to, over, across, 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 of ingress and egress for members of the public to gain access to and from the Grantee's property; (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 ingress and egress to and from the Grantee's property; and (c) all other rights and privileges reasonably and customarily necessary or convenient for Grantee's safe and efficient use of the Easement Property for ingress and egress to Grantee's property. 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 ofthis 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. 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 ofthe Grantor's right to sovereign immunity under Section 768.28, Florida Statutes, or other limitations imposed on the Grantor's or Grantee's potential liability under state or federal law. Ingress/Egress Easement City of Winter Springs/TRC Trust Page 2 of 5 ` v 9. Indemnification. Grantee ~.grees to 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 of the Grantor, as the case maybe, of any and all claims of liability and all suits and actions of every name and description that maybe 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 subj ect 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 of the 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. Ingress/Egress Easement City of Winter Springs/TRC Trust Page 3 of 5 '. P.O. Box 2873 Orlando, Florida 32802-2873 TO GRANTEE: Theordor or Anna Marie Feichtner 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 use of the Easement Property for ingress or egress. 15. Entire Agreement. 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 nett page] Ingress/Egress Easement City of Winter Springs/TRC Trust Page 4 of S .~~.. IN WITNESS WHEREOF, Grantor and Grantee have set their respective hands on the day and year first above written. '""~ ' . WITNESSES: GRANTOR ~ 1 ,,~~ ~~.. r , • ~; CITY OF WIN~'~R~'~'LOA `~' c, ~ Ca R 4r. RE RENZO-LUACES City Clerk JO F. BUSH, . ~r. ~ ~ .~ c. ~~x~ ` . ~'+,~~'~~~10' ~1t~A1t~Q~ ~; .~ ~ti~..,..• . GRANTEE °'-~~* ,~ TRC TRUSS, dated March 17* 1993 WI(T)NESSES: //~ f C ~ B : ~ d~ ~ ~~~ .t2~.~ Y __ ! THEODOR FEICHTNER, Co-Trustee Print Name: ~ Qrr}nPr ~ ar barn . By: ~ , Q ANNA MARIE FEICHTNER, Co-Trustee Print Name: SAw7r/~ rt ~ H ~ ~ ~r F:\I,awyer\jeffblCity of Winter Springs\Agreements\Dr. Courtney\Ingress_Easement.wpd Ingress/Egress Easement City of Winter Springs/TRC Trust Page S of 5 ' =~ . EA.SEMEN T "B "- l NGRESS/EGRESS EA SEMEN T SHEET 7 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, FL~IDA, AS SHOWN ON FLORIDA DEPARTMENT OF TRANSPORTATION MAP SECTION ~! 77070-2516, SHEET 8, DATED 6/14/89; THENCE RUN S.18'58'10"W. 242.87 FEET TO THE POINT OF BEGINNING; THENCE RUN S.71'14'24"E. 40.00 FEET; THENCE RUN S.18'S8'10"W. 216.80 FEET TO A POINT ON THE EXISTING NORTHERLY RIGHT OF WAY LINE OF STATE ROAD 434; SAID POINT BEING ON A CURVE CONCAVE NORTHEASTERLY AND HAVING A RADIUS OF 34436.74 FEET; THENCE RUN SOUTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE ()F 00'04'16" AN ARC DISTANCE OF 47.75 FEET: THENCE LEAVING SAID RIGHT OF WAY UNE RUN N.18'08'48"E. 190.58 FEET TO THE POINT OF BEGINNING. A B B R E V I A T I O N L E G E N D P.R.1/. - PERMANENT RE1771ENCE YOIMIYENT C.Y. R8 - CpiCIKiTE YONIAIENT PLAT BdIN EL - ELEVATKIN A/c - AR CONdTNTNER CON4 - CpN7iETE 4LF. - aAw LMK FENCE W.M. f.H. -WATER METER --FNE HYDRANT P.44 - PdNT OF OOI~ENCENDiT P 4 - PdNT d' CURVATURE P0. - - PApE TYP. - TYIMCAL W.F. - WODD FDICE N ! D - NNL AND pSC . P.R.G - PANT CF REVERSE CURVATURE NR - Ndi-RADAL U.E - UTUTY EAItOIENT C ! C - CIMIB ! p1TiER T LEV 90N RISER aY. PVYT - DENCH YARN - PAVEYDIT P.44 - PdNT d' Co1R~O11ND gAiVATURE RA4 -RADIAL 4E - piANM.E EASEMENT - FTNg1E D FLOP! F F GTV -~CA91.E 1 E IELE - TELEPHONE NSE1t . F.B. - FTELD BOpC P.T. - POWT CF TANGENCY Pl - PONT CF TN7EASECRON R L - RAdUS -ARC LENGTH . . . 8S - BUII.Df10 SETBACK TRANS - TRANSFORMER PAD LKiHT POLE LP Y.H. U1 - YANHOIE -ACTUAL P.C.P. - PEIBMNENT CONTROL PORIT ! - d1TA 48.8 - CONI71ElE BLOCK STRUCTURE LAT . - -POKER PpE PP N9 - NO 91RYEYOR P.QL - PANT d! LOE 48 - CHORD BEAMID R.P. R/W - RAdus PCINT - RNM-OF-WAY (P) -P (M) - 1FAS1RiEB . N.G -NATURAL GRpMD IDF1171FlCATKRI L8 - TANDENT BEARNG -CENTER LINE C -CALCULATED S4 FT. - SgIARE FEET FND - FgRN) F REC - RECOVFAED SURVEYORS NOTES• 1. NOT VALID WITHOUT THE SIGNATURE AND ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER. 2. THE 'REAL PROPERTY DESCRIPTION' SHOWN HEREON IS IN ACCORDANCE WITH THE DESCRIPTION PROVIDED BY THE CLIENT. 3. NO UNDERGROUND IMPROVEMENTS OR VISIBLE INSTALLATIONS HAVE BEEN LOCATED OTHER THAN SHOWN. ~.) BEARINGS ARE BASED ON THE EASTERLY UNE AS BEING N.1838Y0'E PER D.QT. YAP. THIS IS TO CERTIFY 1HAT THIS SKETCH MEETS THE MWIMUM TECHNICAL STANDARDS AS SET FORTH BY THE FLORIDA BOARD OF PROFESSIONAL SURVEYORS AND MAPPERS IN CHAPTER 81G17-6, FLORIDA ADMINISTRATIVE CODE, PURSUANT TO SECTION 472.027, FLORIDA STAT1JjE5. ,~ _ 5. THIS IS NOT A BOUNDARY SURVEY. LyJENT• 7RC TRUST ,IqB Aq/AA9ER.•• 02-155 COMMENTS FlELD DAIS OFFICE DATE1 SK£TCH OF OESLTP/PIION ~ N.A. N.A. ~ SR.B. 1f%17/b3 PROFESSIONAL SURVEYOR ~ MAPPER FLORIDA REGISTRATION NUMBER 3807 S OTT'S SURVEYING SERVICES, IN . 7 S. HWY. 17-92, SUITE 7-A DEBARY, FLORIDA PH. (386) 668-7332 FAX 668-7337 " SKETCH OF DESCRIPTION " . ''~ , : , ~ ~ ~ ~ SHEET 2 OF 2 ~\ N.E. CORNER LOT 26 D.R. MITCHELL'S SURVEY o OF THE LEVY GRANT P.B. 1, PG. 5 :~/o p • O • ~ • 2 ~ ~ NORTH LINE OF LUTTRELL PARK (~ ~ REMAINDER OF LOT 26, BLOCK B N.W. CORNER D.R. MITCHELL'S SURVEY OF THE LEVEY GRANT ~~ PARK PLAT BOOK 1, PAGE 5 P.B. 11, PG. 44 g ~,o ~ n ~~ :- ~ N ~ - - P.O.B. ~ ~ EASEMENT "B" ~, ~ ~ ~o~ ~ Q~ Q ~.Q0.,1 ..~ S / 3 ~ ~~`f / ^`~ a ~ /7 ~~ ~ / ~ w ,, ,~ / M ~^' / / // / ~, ~~ ~ ~ ~ ~ ~ / ~O ~ NO IMPROVEMENTS SHOWN ~~ \ / ~~OQ~~1A / ~O ~ \ Qe. / ~ ~ / 40'INGRESS/EGRESS EASEMENT / / TO BE OBTAINED FROM ~ THE CRY OF WINTER SPRINGS ~ Q~. / ~ S~ ~~ ~ ~ / ~~ ~Q ~~ / / \ PROFESSIONAL SURVEYOR k MAPPER ~O -9O '~~°b~~s. / / FLORIDA REgSTRAnoN NUMBER 5807 90 ~~ ~A~~ \ ~ / / S OTT' S SURVEYING SERVICES , I N . ~j ~ >r v~ CUENT.• IRC TRUST ~ ,AaB NuAI~ERr ~-t ~ ~ 7 S. HWY. 17-92, SUITE 7-A CDMMENTS A'£LD DATE' OfF7CE DATE DEBARY, FLORIDA SKEIG~I QF DESGyPlP1/QN N.A. N.A. SR.B. ttjt7/bt3 PH. (386) 668-7332 FAX 668-7337