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Home My WebLink AboutReinhartz, Sander and Colleen K. Drainage Easement 2003 12 12 Prepared by and return to: c;.~ ~. Eow 1>1l-V ~ City of Winter Springs, Florida. 1126 East State Road 434 Winter Springs, FL 32708 11111111111111111.1111I111111111111111111111. U 11111111 ~ ~fj MAHY~NNE MORSE, CLERK OF CIRCUIT ctlJRT St:.MlNOLE COlmY BK 0513& PGS 1412-1417 CLERK'S # 2003222200 RH.tlHllED 12/16/2003 02:39: 18 PM ~~D DOC TAX 0.70 RECURDING FEES 28.50 RECORDED BY S O'K.lley DRAINAGE EASEMENT This Grant of this Drainage Easement is made this / 2~y of :OEd31Vl~,c 2003, by Sander and Colleen K. Reinhartz of285 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 ofthe 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". lof4 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. Ril!hts 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 ofthe 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 may be 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. 5. 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. 7. 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. 2of4 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. Attornevs' 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. 11. 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. 12. Grantee's Ri2ht 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. GRANTOR 4- j~~~ ~ Sander Reinhartz ' 285 Arnold Ln. Winter Springs, Fl. 32708 ~{~k~ Colleen K. Reinhartz Print Name: /Hr;JIIA,.#-,5 M MAt!rYJ J~ 285 Arnold Ln. Winter Springs, Fl. 32708 The foregoing instrument was acknowledged before me this Sf'-. day of ~, 2003, by ~is not personally known me, ,or has produced -oM as identification. ,~ rn _ ~ WITNESSES: ~a Print Name: ~~7tL~ 3of4 .,~' ANGeLA II. TOOLE Notary Public. State of Florida My Commls.lon #CC 9336Sg Expire. May 3. 2004 _..-;~ .".J"~"'''''''' 4of4 GRANTEE CITY OF WINTER SPRINGS, FLORIDA By ;I~t,rm;G..- Date "J-IJ.'C:3- RONALD W. MCLErv1'"JRE City Manager ~ EXHIBIT IIAII Sheet 1 See Sketch of Description Included as Attachment "A" LEGAL DESCRIPTION DRAINAGE EASEMENT A Parcel ofland being a portion of Lot 2, North Orlando Ranches, Section I-B, Plat Book 12, Pages 46 and 47, Public Records of Seminole County, Florida, being more particularly described as follows: Commencing at Northeast corner oflot 3 of said Plat, said point being on the South right-of-way line of Arnold Lane and the beginning ofa curve to the right, Tangent Bearing North 89054' 51" East and having a radius of 1,118.49 feet; thence run easterly along the arc, through a central angle of 00021'31 ", a distance of7.00 feet to the POINT OF BEGINNING; thence continue Easterly along the arc of said curve on a curve concave south through a central angle of 00025'55" for a distance of 8.43 feet; thence departing said right-of-way South 10042'55" West, a distance of 44.98 feet; thence North 00005'09" West, a distance of 44.27 feet to the POINT OF BEGINNING. Containing 182.058 square feet or 0.004 acres, more or less. T03-D97A 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 lid. " "SKffrCH OF .lJffSCR/pr/O./V ATTACHMENT "A" NOT A SURVEY L::,. = 00.21'31" R = 1118.49' L = 7.00' TANGENT BEARING N89.54'51"E . "'-\ AR./VOL.D MHff POINT OF COMMENCEMENT NORTHEAST CORNER OF LOT 3 NORTH ORLANDO RANCHES, SECTION 1-B PLAT BOOK 17, PAGES 46 & 47 - RIGHT OF WAY LINE 7" - N 00.05'09" W 44.27' ~ ~ ~ ~ ~ ~~~ ~I~ ~,~ ~~~ ~~~ ~~~ ~~~ ~ ~ ~ ~ ~ ~ ~ ~ ~ POINT OF BEGINNING DRAINAGE EASEMENT L::,. = 00.25'55" ~ R = 1118.49' ~ L = 8.43' ~ S 10'42'55" W 44.98' 1 I 1 1 1 I I I 1 I I I , I 17'.7'1 1 I I I . 1 I I I 1 . r1 I I~ I .~ <( 1 I~ 1 .~ z I I~ 1 .0 w II~ ~ 1 .i:L' I,':'! 1/ 1 I ~ 1 I I ~ !~~ I . Y PLATTED PROPERTY LINE ~ ~ ~ ~ ~~~ ~I~ ~,~ ~~~ ~~~ ~~~ ~~~ ~ ~ ~ ~ ~ LAKE SURVEYOR'S NOTES: 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 NAM <::> .... -~- I Tinklepaugh SURVEYING SERVICES, INC. 379 W. Michigan Street, Suite 208 D Orlando, Florida 32806 Tele. No. (407) 422-0957 Fax No. (407) 422-6915 LICENSED BUSINESS No. 3778