HomeMy WebLinkAboutPhillips, Bartholomew D. and 419 Metal and Auto Recycling Center Inc. Easement Agreement 2009' IININIIIIIIiIIi111N11111111111N111N11Ni1111?IN11111
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MARYANNE MORSE, CLERK OF CIRCUIT COURT
SEMINOLE COUNTY
BK 07199 Pgs 0747 - 7551 (9pgs)
CLERK'S # 2009061308
Prepared by & return to: RECORDED 06/08/2009 1207=28 PM
RECORDING FEES 78.00
Anthony A. Garganese RECORDED BY T Smith
Winter Springs City Attorney
P.O. Box 2873
Orlando, FL 32802-2873
EASEMENT AGREEMENT
THIS EASEMENT AGREEMENT ("Agreement') is made the last date signed below, by
BARTHOLOMEW D. PHILLIPS, an individual, and 419 METAL AND AUTO RECYCLING
CENTER INC., a Florida corporation (collectively "Grantors"), in favor of the CITY OF
WINTER SPRINGS, a Florida municipal corporation ("Grantee").
WITNESSETH:
WHEREAS, Grantors are the fee simple owners of certain parcels of real property generally
located along portions of Old Sanford-Oviedo Road and Ginger Lane within the City of Winter
Springs, Seminole County, Florida; and
3
y WHEREAS, pursuant to City of Winter Springs Resolution 2009-13 adopted on February 9,
rD 2009 ("Vacation Resolution"), Grantee authorized the vacation of portions of Ginger Lane and Old
Sanford-Oviedo Road, as legally described on Exhibit "A," attached hereto, which abutted the real
property owned by Grantors; and
WHEREAS, by operation of law, the adoption of the Vacation Resolution resulted in
Grantors receiving ownership of certain portions of the vacated rights-of-way abutting their real
property; and
WHEREAS, as a condition of approving the Vacation Resolution, Grantee required
Grantors to provide Grantee a perpetual public utility and ingress/egress easement along portions
of the vacated rights-of-way in order to ensure the provision of public utilities to properties in the
general vicinity of Grantors' properties and to prevent other properties in this area from becoming
land-locked; and
WHEREAS, consistent with Grantee's condition of approval of the Vacation Resolution,
Grantors desire to grant Grantee a perpetual public utility and ingress/egress easement pursuant to
the terms and conditions set forth herein.
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
Easement Agreement
Page 1 of 8
agree as follows:
1. Incorporation of Recitals. The foregoing recitals are hereby deemed true and correct
and are fully incorporated herein by this reference.
2. Grant of Easement. Grantors hereby voluntarily grant and convey to Grantee,
subject to any previous and duly recorded easements or grants of record, a perpetual, non-exclusive
public utility easement over, under, through, and across that portion of Old Sanford-Oviedo Road
which was vacated by Grantee and conveyed to Grantors pursuant to the Vacation Resolution,
more particularly depicted in Exhibit "A," attached hereto and fully incorporated herein by this
reference ("Utility Easement"); and a perpetual non-exclusive public ingress and egress easement
across the that portion of Old Sanford-Oviedo Road and across the west 25 feet of that portion of
Ginger Lane beginning at Old Sanford-Oviedo Road north to the southern boundary of "Lot 12,"
which was vacated by Grantee and conveyed to Grantors pursuant to the Vacation Resolution,
more particularly depicted in Exhibit "A" ("Ingress/Egress Easement'). Grantor also hereby
voluntarily conveys to Grantee an assignable, contingent, perpetual trail easement across that
portion of the vacated Old Sanford-Oviedo Road to the extent said easement is deemed necessary by
Grantee pursuant to Section 8 of this Agreement ("Trail Easement'). Said easements shall be of the
nature and character and to the extent hereinafter set forth.
3. Purpose of Utility Easement. The Utility Easement is granted for the express and
sole purpose of allowing Grantee to perpetually use the property within the Utility Easement for
placing, constructing, repairing, and maintaining water and sewer utilities, as maybe reasonably and
customarily necessary.
4. Purpose of Inuess/Euess Easement. The Ingress/Egress Easement is granted for
the express and sole purpose of providing the owner of Lot 12 the non-exclusive perpetual right to
use the property within the Ingress/Egress Easement for pedestrian and vehicular ingress, egress and
access.
5. Purpose of Trail Easement. The Trail Easement is granted for the express and sole
purpose of allowing the City and Seminole County to construct, maintain, and operate a segment of
the Cross Seminole Trail for the benefit of the public subject to the terms and conditions of Section 8
hereunder.
6. RiEhts and Obligations of Grantee. To accomplish the purpose stated above, and at
Grantee's sole expense, the following rights are conveyed to Grantee by this Agreement:
(a) the right to inspect, alter, improve, construct, repair, rebuild, remove, connect to,
disconnect from, and maintain water and sewer utilities within the Utility Easement, together
with the right to excavate and refill ditches and trenches for the placement of the water and
sewer utilities;
Easement Agreement
Page 2 of 8
(b) the right to clear the property within the Utility, Ingress/Egress, and Trail Easements of
trees or limbs, undergrowth and other physical objects which endanger, prohibit or interfere
with the safe and efficient use of the Easements contemplated herein;
(c) all other rights and privileges reasonably and customarily necessary or convenient for
Grantee's safe and efficient use of the Utility, Ingress/Egress, and Trail Easements;
(d) the right to take appropriate action to protect the easement rights granted hereunder
including, but not limited to, the right to evict trespassers, provide security for the water and
sewer utilities, and file actions in a court of competent jurisdiction.
In addition, Grantee agrees to and shall promptly restore, or cause to be restored; the surface
and subsurface of the real property described herein to the condition said property was in prior to the
performance of any reconstruction, replacement, removal, operation, inspection, maintenance, repair
improvement, or any other use or work contemplated by this Agreement. Any such restoration shall
be in a workman like manner.
7. Grantors Use of Easement. Subject to and conditioned upon the provisions of
Sections 4, 5 & 6 of this Agreement, Grantors hereby reserve for themselves the right to use the
easement areas; provided, however, that Grantors shall not (i) violate any provision of this
Agreement, (ii) unreasonably interfere with any of Grantee's easements, rights or interest under this
Agreement, or (iii) construct any improvements on the property within the Easements nor install any
landscaping which Grantee believes may adversely impact the integrity of the easement rights
granted herein. Notwithstanding anything to the contrary contained herein, Grantors shall not have
the right to relocate the Easements on Grantors' property.
8. Cross Seminole Trail. The parties acknowledge that Grantee and Seminole County
are finalizing the location of the Cross Seminole Trail, which may run across portions of the vacated
Old Sanford-Oviedo Road now owned by Grantors pursuant to the Vacation Resolution. However,
the parties also acknowledge that Grantors may convey land along State Road 419 which is suitable
for the construction of the Cross Seminole Trail, and assist in obtaining a railroad crossing easement
over the existing CSX railroad track, that would eliminate the need for Grantee and Seminole
County to use said portion of the vacated portion of Old Sanford-Oviedo Road ("419 Land"). In the
event that Grantors do not convey the 419 Land for Cross Seminole Trail purposes, Grantee
reserves the unconditional right, at its expense, to remove any obstruction including, but not limited
to, any wall that may be located within or upon the vacated portion of Old Sanford-Oviedo Road
now owned by Grantors in order to construct, operate and maintain the Cross Seminole Trail on the
aforementioned vacated Old Sanford-Oviedo Road. If Grantor conveys the 419 Land for Cross
Seminole Trail purposes and a railroad crossing easement is obtained, the Trail Easement granted
hereunder for the vacated portion of Old Sanford-Oviedo Road shall hereby automatically terminate
upon recordation, in the Official Public Records of Seminole County, Florida, of the conveyance
instruments for the 419 Land and CSX railroad crossing.
Easement Agreement
Page 3 of 8
9. Easements Run with the Land. These easements shall remain a charge against the
Grantors' property. Therefore, these easements 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 these easements, even though the conveyance makes no reference to these easements as
such.
10. Recordation. This instrument shall be recorded in the Official Records of Seminole
County, Florida and may be re-recorded at any time to preserve the rights of either party to this
Agreement.
11. Sovereign Immunity. Notwithstanding any other provision set forth in this
Agreement, nothing contained in this Agreement shall be construed as a waiver of the Grantee's
right to sovereign immunity under section 768.28, Florida Statutes, or other limitations imposed on
the Grantee's potential liability under state or federal law. As such, Grantee shall not be liable
under this Agreement for punitive damages or interest for the period before judgment. Further, the
Grantee shall not be liable for any claim or judgment, or portion thereof, to any one person for more
than one hundred thousand dollars ($100,000.00), or any claim or judgment, or portion thereof,
which, when totaled with all other claims or judgments paid by the State or its agencies and
subdivisions arising out of the same incident or occurrence, exceeds the sum of two hundred
thousand dollars ($200,000.00). This paragraph shall survive termination of this Agreement.
12. Indemnification. To the extent provided by law and subject to the limitations set
forth in Section 11 of this Agreement, Grantee agrees to indemnify, defend and hold harmless
Grantors from and against all claims, losses, damages, personal injuries (including but not limited to
death), or liability, arising from, out of, or caused by: Grantee, its officers, employees, agents, or
contractors, negligent or intentional acts, errors, omissions directly related to the easement rights
granted herein, except to the extent of negligence or wanton misconduct of the Grantors.
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 Grantors, as the case may be, of any and all
claims of liability and all suits and actions of every name and description that maybe brought against
the Grantors which may result under this Agreement. In all events, the Grantors shall be permitted
to choose legal counsel of their sole choice, the fees for which shall be subject to and included with
this indemnification provided herein, as long as said fees are not grater than a rate deemed reasonable
in Seminole County, Florida.
13. Injunctive Relief. The parties agree that, in the event of default, there may not bean
adequate remedy at law, and therefore, it is agreed the parties shall be entitled to seek injunctive
relief, including a mandatory injunction.
14. Governing Law and Venue. This Agreement shall be governed by the laws of the
State of Florida. Venue for all disputes shall be properly placed in Seminole County, Florida for
state court actions and Orlando, Florida for federal court actions. The parties agree that the
Easement Agreement
Page 4 of 8
Agreement was consummated in Seminole County, and the site of the easements is in Seminole
County, Florida.
15. 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 GRANTORS:
Bartholomew D. Phillips
212 Morton Lane
Winter Springs, FL 32708
419 Metal and Auto Recycling Center Inc.
Attn: Bart Phillips, President
600 Old Sanford Oviedo Road
Winter Springs, FL 32708
TO GRANTEE:
Attn: City Manager
City of Winter Springs, Florida
1126 East State Road 434
Winter Springs, FL 32708
or to such other address as such party shall have specified most recently by like Notice. The
attorneys for the parties hereto are also 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.
16. Modification. This Agreement shall only be modified by a written instrument
executed by the parties hereto or any successor, assigns, heirs, or representatives thereto.
17. Entire Agreement. This Agreement constitutes the full and entire agreement
between the parties hereto and supersedes any oral or written prior communications between the
parties related to the subject matter contained in this Agreement.
18. Representations. The undersigned representatives hereby represent and warrant
that this Agreement has been dully authorized by their respective agencies and that the undersigned
Easement Agreement
Page 5 of 8
WITNESSES:
GRANTOR:
419 METAL AND AUTO RECYCLING
CENTER, INC.,
a Florida municipal corporation.
Bartholome D. Phillips, President
Date:
STATE OF FLORIDA
COUNTY OF SEMINOLE
4
I HEREBY certify that the foregoing instrument was acknowledged before me this
of , 2009, by Bartholomew D. Phillips, as President of 419
or
k-9 day AJC.',.A
Metal and Auto Recyclii Center Inc., a Florida corporation, 0 who is personally known to me, or
---who has produced tom:. nL a qt 2 bl-,, (oll dentification.
T?'?'-?*VISM D OUGHERT tat)Public, State'-e€`Florida
MY CMISSION # /)1)808652
E""tES: OctoW 22, 2012 PHYLLIS M DOUGHERTY
MI, mooty Diswun,,;. P-riit Name
My commission expires: 1 ?ck ?Gf
Easement Agreement
Page 7 of 8
representatives have the authority to execute this Agreement on behalf of their respective agencies.
IN WITNESS WHEREOF, Grantors and Grantee have set their respective hands on the
day and year first below written.
WITNESSES:
C ILI, lu I
n ame: MYLUMMUGH
Print Name: rz . 6- 0 a?
GRANTOR:
BARTHOLOMEW D. PHILLIPS,
74_?Z_ - - -
Bartholome D. P fillips
Date: 5 ,2 O
STATE OF FLORIDA
COUNTY OF SEMINOLE
I HEREBY certify that the foregoing instrument was acknowledged before me this
a9 day of rA , , 2009, by Bartholomew D. Phillips, an individual, ? who is
personally known to me, oxwho has produced Ala (?? CPI ! as identification.
Name PHYLUS M DOUNERTY
My commission expires: 10
Easement Agreement
Page 6 of 8
AT EST-,.,
!1
A r a Lorenzo-Luaces, City Clerk
CITY SEAL:
STATE OF FLORIDA
COUNTY OF SEMINOLE
ACCEPTANCE BY GRANTEE:
CITY OF WINTPR!$PRII??
a Florida muni,&iVra11, corpor `ort:, r
t,
in Smi$, ,iry anager, , s
Date:
I HEREBY certify that the foregoing instrument was acknowledged before me this D,*day
of Mffi , 2009 by Kevin Smith, as City Manager of the City of Winter Springs,
N( who is ersonally known to me, or ? who has produced as
identification.
Nut
we Notary Public State of Florida
Danielle Harker
ono` MY Commission DD663371
OF o-Ex ires 04/15/2011
Fl
Not P,
Print Name DO[ V1(-P.A I t PY
My commission expires: 15 1
Easement Agreement
Page 8 of 8
14,
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SKETCH OF DESCRIPTION
FOR -
419 METALS & AUTO RECYCLING CENTER
OF
RIGHT-OF-WAY TO BE VACATED
Legal Description
BEGINNING at the Southeast Comer of Lot 5, ENTZMINGER FARMS ADDITION NO. 2, according to the plat thereof as recorded in Plat Book 5,
Page 9, of the Public Records of Seminole County, Florida, thence run S.6904411'E., along the North Right-of-way Line of Old Sanford-Oviedo
Road as shown on said plat, a distance of 560.50 feet to the West Right-of-way Line of Ginger Lane (platted as Charles Street); thence run
N.0(°44'49'E, along said West Right-of-way Line of Ginger lane, a distance of 1120.20 feet to the Northeast Comer of Lot 12, said
ENTZMINGER FARMS ADDITION NO. 2; thence run S.88°22'11'E. 50 feet to the Northwest Comer of Lot 13, said ENTZMINGER FARMS
ADDITION NO. 2; thence run S.044491W., Wong the East Right-0f-way tine of said Ginger Lane, a distance of 1200.81 feet to a po9int on the
South Right-of-way Line of aforesaid Old Sanford-Oviedo Road; thence tun N.69044'41'W., along said South Right-0f-way Line, 613.21 feet to the
East Right-0f--way Una of Wade Street as shown on said plat thence run N.00044'49'E. 63.66 feet to the Point of Beginning. Said parcel contains
93,246.5 square feet
SURVEY NOTES:
1) This is not a 'Boundary Survey', only a sketch of the above legal
descriptions prepared by this surveyor.
2) Bearings shown hereon are based on the South Right-of-way Line of
Old Sanford-Oviedo Road being S.69144'21'E. (assumed)
3) This legal description was prepared on 25 April 2008.
Surveyor's Certificate
This Is to certify that this 'Sketch of Description' of the above-described
property and the plat hereon delineated is an accurate representation of the
same. I further certify that this survey meets the Minimum Technical standards
set forth by the Fitorida Board of Surveyors and Mappers pursuant to Chapter
61G17-06 of the Flortna Administrative Code pursuant to Section 472.027 of
the Fhida Statutes.
LOT 12
R SURVEYING, INC.
R. BLAIR KITNER=P.S.M. No. 3382
P. 0. Box F,23 - Sanford, Florida 32772 (407) 322-2000
Not valid without raised seal of Surveyor
LOT 5
LOT 11
POINT OF BEGINNING
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LOT 13
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SCALE: 1'- 200'
LOT 15
LOT 17
PRM NO. 07-454
LEGIBILITY !'-PTISFAGTORY
FOR 3;,ANNING