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HomeMy WebLinkAboutJessup Shores Limited Partnership-Easement Agreement- 2003 07 31IIIIIIIIIIIIHIN~N~NIIMRq~NiN11NNINiNN ~ECl~"11t~~i !.~.: ; t; ~ ~nn~ Prepared by and return to: CITY O~WiNTFScyM'~iM~B Anthony A. Garganese, Esquire CITY Wlil" Brown, Salzman, Weiss & Garganese, P.A. Post Office Box 2873 Orlando, Florida 32802-2873 (407) 425-9566 MARYANNE MORSE, CLERK DF CIRCiIIT COURT SEMINOLE COUNTY BK 04945 DG 0913 CLERK'S # 2003133971 RECORD!=D 08/01/2083 89~14t53 AM DEED DOC TAX 0.70 RECDRDIN6 FEES 2B. S8 RECORDED BY L McKinley PUBLIC UTILITY EASEMENT AND AGREEMENT THIS UTILITY EASEMENT is made this 3 / day of J ~~ ~ y , 2003, by Jq ~~ ~" ~ ~ ~~ _~ ~~~ ,~ ~ / ~a-~' ~ ~ v~ ~J ~~ r~ SPRINGS LAND INVESTMENTS, LTD., a Florida limited partnership and JESSUP SHORES LIMITED PARTNERSHIP, a Florida limited partnership (collectively hereinafter called "Grantor"), in favor of the CITY OF WINTER SPRINGS, FLORIDA, a Florida Municipal Corporation ("Grantee"). WITNESSETH: WHEREAS, Grantor is fee simple owner of certain real property located within the City of Winter Springs, Florida; and WHEREAS, the Grantor desires to convey a public utility easement to Grantee for purposes of allowing Grantee to install, operate and maintain public utilities over, under, and across the real property which is subject to this Easement; and WHEREAS, the Grantor and Grantee believe that this utility easement is in the best interests of the public health, safety, and welfare of the citizens of the City of Winter Springs, Florida. NOW, THEREFORE, in consideration ofthe enumerated 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 herein by this reference. 2. Grant of Easement. Grantor hereby voluntarily grants and conveys to Grantee, its successors and assigns, on behalf of the public, subject to any previously duly recorded easements or grants of record, a nonexclusive and perpetual public utility easement over, under, and across the real property described as Exhibit "A," which is attached hereto and fully incorporated herein by this reference ("Easement Property"), of the nature and character and to the extent hereinafter set forth ("Easement"). 3. Purpose of Easement. This Easement is granted for the express purpose of allowing Grantee to perpetually use the Easement Property to construct, operate, and maintain facilities as may be reasonably and customarily necessary for Grantee, and others authorized by Grantee, to provide Public Utility Easement and Agreement Page i of 5 tfRT1FIED COPS fiU!lYANNE M~ CLERK OF CIRCUR DOUR! 8EM LE CflUMTlf c FILE NUM X003133971 OR BOOK 04945 PAGE 0914 underground public utilities over, under, and across the Easement Property, subject to the rights of Grantor herein reserved. It is also the express purpose of this Easement to provide Grantee unconditional ingress and egress to, over, across, under and from the Easement Property for the purposes stated herein. 4. Rights of Grantee. To accomplish the public 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 and expense, be exercised at any time during the term of this Easement: a. To have the nonexclusive and perpetual use of the Easement Property to install, operate, and maintain underground public utilities and appurtenant structures just above the surface such as manhole covers, fire hydrants, and utility boxes; b. To use this Easement for ingress and egress over, upon, and through the Easement Property for the repair and maintenance of the underground utilities; c. To cut, trim, and keep clean such trees, brush, and undergrowth that might hinder or prohibit Grantee's and the public's use of the Easement Property subject to the rights of Grantor to landscape; and d. To maintain, inspect, replace, improve the Easement Property consistent with the purposes set forth herein. 5. Maintenance. Grantee shall bear the cost and responsibility to maintain any improvements made by Grantee therein in a safe condition. To the extent that Grantee makes any improvements to the Easement Property, Grantee will restore (less reasonable wear and tear) the Easement Property to the condition that existed at the time the Grantee commenced the improvements. 6. Public Use. Grantor agrees that the Easement Property and any improvements made and equipment installed by Grantee, and others authorized by Grantee, thereon shall be dedicated for public use under the terms and conditions of this Easement. 7. Rights Reserved by Grantor. Grantor reserves the right to install landscaping, lighting, irrigation, signage, and parking on Easement Property in accordance with applicable lave. 8. Duty Not to Overburden Easement. Grantor and Grantee agree that they, individually and/or jointly, shall not surcharge or overburden the Easement and the use of the Easement Property as provided hereunder. Public Utility Easement and Agreement Page 2 of 5 FILE NUM 2003133971 OR BOOK 04945 GAGE 0915 9. Remedies for Default. The parties agree that, in the event of default, there may not be an adequate remedy at law and, therefore, the aggrieved party shall be entitled to seek injunctive relief, including a mandatory injunction. 10. 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 a portion of the Easement Property relating to this Easement, even though the conveyance makes no reference to this Easement as such. 11. Attorneys' Fees. In the event of any legal action arising under this Easement between the parties, the parties agree to bear their own attorneys' fees and costs. 1 Z. 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. 13. 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 in perpetuity with the Easement Property. 14. Grantee's Right to Terminate. Grantee shall have the right to terminate this Easement by written recorded notice of termination, at its sole and absolute discretion, if Grantee determines there is no longer a public need for this Easement. 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 ofFlorida shall govern this Easement. 16. 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 limitations imposed on the Grantor's potential liability under state or federal law. 17. Modification. This Easement shall only be modified by a written instrument executed by the parties hereto or any successors, assigns, heirs, or representatives thereto. IN WITNESS WHEREOF, Grantor and Grantee have set their respective hands on the day and year first above written. Public Utility Easement and Agreement Page 3 of 5 FILE NUM 2003133971 OR BOOK 04945 RAGE 0916 i WITNESSES: ~~ ~ COUNTY OF SEMINOLE GRANTOR: SPRINGS LAND INVESTMENTS, LTD. a Florida limited partnership By: EURO AMERICAN INVESTORS GROUP a Florida general partnership By: SUNBELT INVESTORS GROUP, INC. a Florida corporation, eneral Partner By: _ A. !/~~er ~sm,~Presdent The foregoing instrument was acknowledged and sworn to before me this 3 ~ day of J u ~ ~ , 2003, by A. C. Leerdam, President, ^ who is personally n to me or ~' has produced~L 1'7rive~ ~-iG~Y~S_e. as identificati 1-- ~~ 35 • C03 ~ ~~{ ~C1"~q - C~ ~~i. ,~,,, NOTARY P LIC ~~ ~ M1' Commission DD1874d8 ww ExPues November 24.200e WITNESSES: My Commission Expires: riJ c'~ ~ ~ , a.ook~ JESSUP SHORES LIMITED PARTNERSHIP a Florida limited partnership By: EURO AMERICAN INVESTORS GROUP a Florida general partnership By: SUNBELT INVESTORS GROUP, INC. a Florida corporation, General Partner By: ~ ~~ ec~rdam, President Public Utility Easement and Agreement Page 4 of 5 STATE OF FLORIDA ~1,~ ~~~ FILE NUM 2m03133971 OR BOOK 64945 PAGE 6917 STATE OF FLORIDA COUNTY OF SEMINOLE The foregoing instrument was acknowledged and sworn to before me this 3 ~ day of ~ 1 , 2003, by A. C. Leerdam, President, ^ who is personally kno n o me or ^ has produ ed ~L L7r•~yp ~. L.Q~SlZ,- as identification. /' OTARY LIC ~" "'~ Mid"'i .1ohn YII~~ ~~~ ~~ NOw"'ber24,'OOS WITN ES: Print Name: StF,~P ,~ ~ ~ ~, ~ ~ fi My Commission Expires: ~,;w • ~ ~I .. ~Un ~ GRANTEE: CITY OF WINTER SPRINGS a Florida m icipal corporation J f~ I~ /~ Ton ~oc Kcal . .~'~ . R Wald W. cLemore, City Manager _~~ ~rC-. P nt Name: ,~~~;,, STATE OF FLORIDA COUNTY OF SEMINOLE The foregoing instrument was acknowledged and sworn to before me this d ~ day of 2003 by Re , City Manag~r~who is personally known tome o ^ has produced ~~~' ~" ~' ~' ` `'' ~ as identification. NOT UBLIC My Commission Expires: ~~ M.ry AflflE wu~ * *~M Commissitxl Cl,^,893b97 «~/- E>~ifss Jatnwry 14, 2004 F:\Docs\City of Winter Springs\Wagner's Curve Development\Utility Easement and Agreement.wpd Public Utility Easement and Agreement Page 5 of 5 FILE NUM 2003133971 OR BOOK 04945 GAGE 0916 Ex~bit "A" THE NORTH 10 FEET OF LOT 2 OF THE WAGNERS CURVE REPEAT AS RECORDED IN PLAT BOOK 63 , G ( _~ , OF THE PUBLIC RECORDS OF SEMINOLE COUNTY, FLORIDA, LYING SOUTH OF STATE ROAD 434, AS SHOWN ON THE FLORIDA DEPARTMENT OF TRANSPORTATION RIGHT OF WAY MAP OF STATE ROAD 434, SECTION NUMBER 77070-2516, DATED DECEMBER 10, 1998.