HomeMy WebLinkAboutKoubek, Rudolph and Jane L.-Easement Agreement- 2003 12 05,,
Prepared by and return to:
City of Winter Springs, Florida.
1126 East State Road 434
Winter Springs, FL 32708
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M~kYNNNE MURSE, CLERK OF CIRCUIT COURT
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REt;ilttuED BY S O'Kelley
DRAINAGE EASEMENT
This Grant of this Drainage Easement is made this S day of ~.~
2003, by Rudolph and Jane L. Koubek of 275 Arnold Lane Winter Springs, Florida (hereinafter
called "Grantor"), in favor of the CITY OF WINTER SPRINGS, FLORIDA, a Florida Municipal
Corporation ("Grantee").
WITNESSETH:
WHEREAS, Grantor is the sole owner in fee simple of certain real property in the City of
Winter Springs, Seminole County, Florida; and
WHEREAS, this Easement is necessary to provide for the adequate public utilities needed to
service the area; more specifically to provide for storm water drainage; and
WHEREAS, Grantor desires to convey a public drainage easement over, under, and across the
real property, which is subject to this Easement for purposes of allowing the public to use said property
for the purposes stated herein and under the terms and conditions of this Easement; and
WHEREAS, Grantor and Grantee believe that this public drainage easement is in the best
interests of the public health, safety, and welfare of the citizens of the City of Winter Springs and
Seminole County.
NOW, THEREFORE, in consideration of the enumerated public purposes 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 acknowledged, Grantor provides as
follows:
1. Grant of Easement. Grantor hereby voluntarily grants and conveys to Grantee, its successors
and assigns, on behalf of the public, a nonexclusive and perpetual public drainage easement
over, under, and across the real property described in 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"). Grantee shall have the right to survey the
Easement Property at Grantee's expense and the surveyed legal description shall be incorporated
as Exhibit "A".
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2. Purpose of Easement. This public drainage easement is granted for the express purpose
of allowing the Grantee to install, operate, and maintain public drainage facilities over, under,
and across the Easement Property.
3. 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 public drainage facilities to control storm-water runoff,
b. To prevent any activity on or use of the Easement Property that is inconsistent with the
purpose of this Easement, and to require the restoration of areas or features of the
Easement Property that maybe damaged by an inconsistent activity or use;
c. To use this Easement for ingress and egress over, upon, and through the Easement
Property for the repair and maintenance of the public drainage facilities;
d. 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;
e. To maintain, inspect, replace, repair, and improve the Easement Property consistent with
the purposes set forth herein;
f. To maintain, inspect, improve, replace, or repair the landscaping on the Easement
Property.
4. Maintenance. Grantee shall bear the cost and responsibility to maintain the Easement Property
and any improvements made by Grantee therein in a safe condition.
Public Use. Grantor agrees that the Easement Property and any improvements made and
equipment installed by Grantee thereon shall be dedicated for public use under the terms and
conditions of this Easement.
6. 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.
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.
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8. 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.
9. Attorneys' Fees. In the event of any legal action arising under this Easement between the
parties, the parties agree that the prevailing party, to the extent provided by law, shall be
entitled to attorneys' fees, paralegal fees, court costs, and expenses, through all appellate
proceedings.
10. 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.
l 1. 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 rµnning in
perpetuity with the Easement Property.
12. 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.
IN WITNESS WHEREOF, Grantor, and Grantee have set forth their signatures on the day and
year written below. 7
WITNESS GRANT R '
Print Name: Rudolph K bek
NK/~ p' /C.t y 275 Arnold Ln. Winter Springs, Fl. 32708
Print Na ---~F ~~/ ne Koubek
~'~,/ 1~~~~~'7~J 75 Arnold Ln. Winter Springs, Fl. 32708
The foregoin~ instrument was acknowledged before me this s day of :1~ ~ , 2003, by
" ~a,ix ~~, ~, {,~ k ~ IZ~~c1r,1 ~' r who is/is not personally known to me, or ha pro ud cad` ~ L7c w - ~~ ~ ~_ i
as identification. ~~ci 1~ .~ ~- - ~ -~-
Nota ~'ublic
~Q~q
~~~ Michael John Williams
• My Commission DD187468
q~ Expires November 24, 2008
GRANTEE
CITY OF W TER SPRIN~~:S, Fi,ORIDA
By ~w1~~Gv: ly1,f~ ~' D ;te/.a~ •/~i ~~'3
RONALD W. MC:LEMORt,
City Manager
ATTEST:
By;
ANDREA; LORENZO-LUCAS
~ity Clerk
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EXHIBIT "A"
Sheet 1
See Sketch of Description
Included as Attachment "A"
LEGAL DESCRIPTION
DRAINAGE EASEMENT
A Parcel of land Being a portion ofLot 3, North Orlando Ranches, Section 1-B, Plat Book 12, Pages
46 and 47, Public Records of Seminole County, Florida, being more particularly described as follows:
Commencing at the Northeast corner of Lot 3, of said Plat; thence South 89°44'06" West, along the
Southerly right-of--way line of Arnold Lane a distance of 7.00 feet; thence departing said right-of--way
South 00°05'09" East, a distance of 42.94 feet to the POINT OF BEGINNING; thence continue
southerly along said line for a distance of 37.35 feet; thence South 10°42'55" West, a distance of
27.16 feet; thence South 04°20'19" East, a distance of 68.63 feet; thence South 00°05'09" East, a
distance of 94.40 feet; thence North 04°20'19" West, a distance of 163.69 feet; thence North
10°42'55" East, a distance of 64.77 feet to the POINT OF BEGINNING.
Containing 1,134.903 square feet or 0.026 acres, more or less.
T03-D97B
Prepared by:
Tinklepaugh Surveying Services, Inc.
379 West Michigan Street
Suite 208
Orlando, Florida 32806
(407) 422-0957
This description and the accompanying sketch or
sketches has been prepared in accordance with the
Standards set forth in Chapter 61G17, F.A.C.,
pursuant to Chapters 177 and 472, Florida Statutes.
Unless it bears the signature and the original raised
seal of a Florida licensed surveyor and mapper this
drawing sketch, plat or map is for informational
purposes only and is not v 1' ,
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GE D F. LI OI E P.L. 3517
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~ '~ i ~ ~JI1~TCll OP L~~C! ~IPTION ATTACHMENT "A"
' ~ ~ ` NOT A SURVEY
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POINT OF COMMENCEMENT r
NORTHEAST CORNER OF LOT 3
NORTH ORLANDO RANCHES, SECTION 1-B ry
PLAT BOOK 17, PAGES 46 & 47 +
RIGHT OF WAY LINE J r I I ~ RIGHT OF WAY LINE
S 89'44'06" W I I
7.00' oNl ~ I
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POINT OF BEGINNING
DRAINAGE EASEMENT
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1.) BEARINGS BASED ON THE EAST LINE OF LOT 3
NORTH ORLANDO RANCHES, SECTION 1 B, BEING
S 00' 05' 09" E.
2.) THIS IS NOT A BOUNDARY SURVEY.
3.) SUBJECT TO EASEMENTS AND MATTERS OF RECORD.
REVISED 11-19-03 ROAD NAME
Tinklepaugh
SURVEYING SERVICES, INC.
379 W. Michigan Street, Suite 208 ~ Orlando, Florida 32806
Tele. No. (407) 422-0957 Fax No. (407) 422-6915
LICENSED BUSINESS No. 3778
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