HomeMy WebLinkAboutJessup Shores Limited Partnership-Easement Agreement- 2003 07 31IIIIIIIIIIIIHIN~N~NIIMRq~NiN11NNINiNN
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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
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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
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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~~
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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.