HomeMy WebLinkAboutSeminole Pines Utility Easement 2004
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MARYANNE MORSE, CLERK OF CIRCUIT COURT
SEMINOLE COUNTY
BK 05300 PGS 0744-0751
CLERK'S # 2004072737
RECORDED 05/11/2004 03:54:30 PM
D~ED DOC TAX 0.70
RECORDING FEES 37.50
RECORDED BY G Harford
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'Prepared by and return to:
Anthony A. Garganese, Esquire
Brown, Salzman, Weiss & Garganese, P.A.
Post Office Box 2873
Orlando, Florida 32802-2873
(407) 425-9566
UTILITY EASEMENT AGREEMENT
THIS EASEMENT ~GREEMENT is made this Ii Ii... day of Ilt r~. I ,2004,
by SEMINOLE PINES ASSOCIATES, LTD., ("Grantor") in favor of the CITY OF WINTER
SPRINGS, a Florida municipal corporation ("Grantee") having a mailing address of 1126 East State
Road 434, Winter Springs, Florida 32708.
WITNESSETH:
WHEREAS, Grantor is fee simple <?wner of certain real property located within the City of
Winter Springs, Florida, on which the Grantee desires to acquire a nonexclusive perpetual utility
easement for the sole purpose of connecting to Grantee's utility system; and
WHEREAS, under the terms and conditions state herein, the Grantor desires to convey said
easement to Grantee for the purposes stated herein;
NOW, THEREFORE, in consideration ofthe 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 fully
herein by this reference.
2. Grant of Easement. Grantor hereby voluntarily grants and conveys to Grantee,
subject to any previous and duly recorded easements or grants of record, a perpetual non-exclusive
utility easement under, over and across the real property legally described as:
See Exhibit "A"
("Easement Property"). Said easement shall be of the nature and character and to the extent
hereinafter set forth ("Easement").
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Seminole Pines Associates, Ltd. Easerh~nt .' '
City of Winter Springs \,',
Page 1 of 6 ' .
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. 3. Purpose of Easement. This Easement is granted for the express and sole purpose
'of allowing Grantee a nonexclusive perpetual use of the Easement Property to connect Grantee's
public utilities. It is also the express purpose ofthis Easement to provide Grantee reasonable ingress
and egress to, over, across, under and from the Easement Property for the sole purpose stated herein.
4. Rights of Grantee. To accomplish the purpose stated above, and at Grantee's sole
expense, the following rights are conveyed to Grantee by this Easement:
(a) the right for Grantee to install, inspect, alter, improve, repair, rebuild, relocate within
the Easement Property and remove public utilities and related appurtenances, including
water, sewer, reuse, and other such utilities;
(b) the right of Grantee to clear the Easement Property of trees or limbs, undergrowth and
other physical objects which endanger or interfere with the safe and efficient installation,
operation, or maintenance of the public utilities and related appurtenances; and
(c) aJI.otherrights and priv.ileges reasonably and customarily necessary or conv~nient for
Grantee's safe and efficient operation, maintenance, and/or repair of the public utilities and
related appurtenances; and
5. Grantor's Use of Easement. Subject to and conditioned upon the provisions of
Paragraph 4 of this Agreement, Grantor hereby reserves for.itselfthe rightto'use the Easement area;
provided, however, that Grantor's use may not (i) violate any provision of this Agreement, or (ii)
unreasonably interfere with any of Grantee's easements, rights or interest under this Agreement.
( a) This Easement is granted by Grantor and accepted by Grantee subj ect to the following
conditions which Grantee covenants and agrees to perform:
(1) To exercise due care in the use of the Easement.
(2) To cause no unnecessary or unreasonable obstruction or interruption of
possession, occupation or travel over or upon the Easement Property.
(3) To limit the use of the Easement for utility lines and equipment only and the
maintenance thereof, itbeing,speCifically understood and agreed that in no event
shall this Easement be construed to permit ingress and egress by the general public.
(4) To use diligence in making excavations or other repairs and, after the
completion of any construction or maintenance operations, to restore the Easement
Property to the same or better condition that existed prior to the excavation or repairs,
including, but not limited to, returning the ground to the original grade, repairing any
pavement removed or damaged, and replacing any grass, shrubbery, trees or other
landscaping disturbed by such work; to use diligence in the construction and
Seminole Pines Associates, Ltd. Easement
City of Winter Springs
Page 2 of 6
;
installation of all pipes, linesahd equipment and to install such equipment so as to
cause the least inconvenience or impediment to Grantor. Upon Grantee's failure to
do so within a reasonable period oftime, Grantor may perform such work and charge
the same to Grantee provided that Grantor shall first provide Grantee at least fourteen
(14) days written notice and an opportunity to cure.
(5) To use the Easement granted so as to prevent the creation of any obstruction
or condition which is or may become dangerous to Grantor, its guests, employees,
invitees, licensees, Or the public in general.
(6) To furnish Grantor within a reasonable time after completion of construction
accurately scaled "as built" drawings showing the location and all pertinent and
material details of trans1?ission lines and pipes and other improvements at any time
placed within the Easement.
(7) To use the Easement with due consideration for the rights of the Grantor,
mobile home owners and other easement holders, it .being understood that this
Easement is a nonexclusive easement.
(b) The Easement Property is part of manufactured housing community known as the
Tuskawilla Trails Mobile Home Park ("Tuskawilla Trails"). Grantee acknowledges that
future construction of improvements within Tuskawilla Trails, or a change of use to the
property known as Tuskawilla Trails may require a reasonable relocation of the Easement.
Grantor, therefore, reserves the right to relocate the Easement, and all related improvements
and property of Grantee 10cated therein, as Grantor may deem reasonably necessary to
accommodate such improvements or change of use, provided that Grantorpays all costs of
surveying the new Easement and :relocating such facilities within the relocated ,Easement.
Once the water transmission and related facilities have been relocated:, (i) the description of
the Easement Property set forth above shall be amended to conform to the relocated
easement, which amendment shall be evidenced by instrument executed by the parties and
recorded in the public records of Seminole County, Florida; and (ii) Grantee shall abandon
use of the original Easement Property.
6. 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 the Easement Property, or a portion thereof, relating to
this EasemeI?-t, even though the conveyance makes no reference to this Easement as such.
7. 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. '
Seminole Pines Associates, Ltd. Easement
City of Winter Springs
, Page 3 of 6
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8. Sovereien Immunity. Nothing contained in this Easement shall be construed as a
'waiver ofthe 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.
9. Indemnification. Grantee agrees to the fullest extent permitted by law, to indemnify
and hold harmless Grantor and its officers and employees from and against all claims, losses,
damages, personal injuries arising from, out of, or caused by Grantee's and its officer's, employee's,
or contractors's, negligent or intentional acts, errors, omissions in the installation, operation,
maintenance, or repair ofthe public utilities and related appurtenances contemplated herein within
the Easement Property, except to the extent of negligence or wanton misconduct ofthe Grantor.
10. Injunctive Relief. The parties agree that, in the event of default, there may not be
an adequate remedy at law, and therefore, it is agreed the parties shall be entitled to seek injunctive
relief, including a mandatory injunction.
11. Governine Law and Venue. The parties agree that the Agreement was
, consummated in Seminole County, and the site of the Easement is in Seminole County, Florida. This, .. ," om'.." '
Agreement shall be governed by the law of the State of Florida. Venue for all disputes shall be
properly placed in Seminole County, Florida.
12. 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 ifin 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 GRANTEE:
City Manager
City of Winter Springs
1126 East State Road 434
Winter Springs, FL 32708
TO GRANTOR:
Seminole Pines Associates, LTD.
c/o Newby Management
3801 Bee Ridge Road
Suite 12
Sarasota, Florida 34233
Seminole Pines Associates, Ltd. Easement
City of Winter Springs
Page 4 of 6
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or to 'such other address as such party shall have specified most recently by like Notice. The
'aforesaid attorneys for the parties hereto are 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.
13. Modification. Termination. This Easement shall only be modified or terminated
by a written instrUment executed by the parties hereto or any successor, assigns, heirs, or
representatives thereto, and upon recordation in the public records of Seminole County, Florida.
14. Permits. Grantee shall be solely responsible and liable for complying with any local,
state, or federal permit requirements, obligations, and duties (if any) related to the installation,
operation, maintenance, or repair ofthe public utilities and related appurtenances located within the
Easement Property.
15. EntireA~reemenLThis 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 of Florida shall govern this
Easement.
[Left blank intentional, signatures next page]
Seminole Pines Associates, Ltd. Easement
City of Winter Springs
Page 5 of 6
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. IN WITNESS ~HEREOF, Grantor and Grantee have set their respective hands On~t~~~.\~~kf:'''''"'
and year first above wntten. .""'''''''''' '-,,~\~~~)
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CITY OF WINTE~ SPiuNGS,,;FL~riA: ~,
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WITNESSES:
GRANTEE
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LORENZO-LUACES City Clerk
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GRANTOR
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PrintName:~ X NtWJDfI1f:.-
t-drz, ;;t.4~
rint Name: 11 A- Y1 E T~ FI2ff-YllL.u k..
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I(HAg}) /)j, CZUL,!Z-j(.~
. WITNESSES: ,
STATE OF FLORIDA
COUNTY OF S(jt1I1~dzt
'The foregoing instrument was, acknowledged before me
;f/tU.d; I cR(}cJ!f , by klcmllL W, f;hk/l-5'
Associates, Ltd., who is personally known to me or who produced
identification.
this II-!-/} day of
of Seminole Pines
as
JUDITH A. REYNOLDS
Notary PubliC, Slate of Florida
My comm. expo Mar. 2, 2008
Comm. No. DD 284341
AFFIX NOTARY STAMP
S' ure of Notary Publi
JW;,~ lJ. lfrdld<;
(Print Notary Name)
My Commission Expires ~ tJ, d()O!S
'Commission No.: Vi) ag4Btjl '
Seminole Pines Associates, Ltd. Easement
City of Winter Springs
Page 6 of 6
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SKETCH OF DESCRIP T/ON
TUSKAWILLA TRAILS PHASE I
IN A PORTION OF D.R. MITCHELL'S SURVEY
OF THE LEVY GRANT, ON LAKE JESSUP
SEMINOLE COUNTY, FLORIDA -r~
-1q
\ LlHE a; LOTS 38. 37. IoH1l .16
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27
'\~O'3~67~ L ~
[POINT OF' BEGINNING '
. POINT. ,OF. .COMMENCEMENT
NoW. COR. LOT 38, BLOCK "0"
D.R. MITCHELL SURVEY OF
LEVY GRANT
, ST STREET
(VAcA m>)
C-l
RADIUS. 150.66'
DELTA. 10'28'24"
LENGTH . 27.54'
CHORD . 27.51'
CHORD BRG. . N7J'1'2S"E
C-2
RADIUS . 25.00'
DELTA. 90'00'00"
LENGTH . 39.27'
CHORD . .15.36'
CHORD BRG. - N22'57'lJ"E
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WETlANDS
NOTE:
THIS SKETCH OF DESCRIPTION IS FOR
INFORf.lA TlONAL PURPOSES ONLY
AND IS NOT TO BE
USED AS A BOUNDARY SURVEY
NOIlT"DIU UI<[
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PlAT BOac 1; PC.. ~
GRAPHIC SCAIJ!:
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5HEET 1
OF 2
EXHIBIT "A" SHEET 1 OF 2
LAND SURVEYING DIVISION OF
101m H. We/J6 k Assodllfes, lJfC.
CIVIL & ENVIRONMENTAL CONSULTING ENGINEERS
925 S. DENNING DRIVE '
WINTER PARK, FLORIDA 32789
FAX: (407) 622-9325 PH: (407) 622-9322
EMAIL: WEBBENGR@AOL.COM
DRAWN BY: WFG
CHECKED BY: JBW
FIELD DATE: N/A
JOB NUMBER: 521-01
DATE: 5/1/03
DRAWING NAME: PHASE_'
FIELD BOOK: N/A
REVISION DATES: 5/6/D3 6/16/03
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SKETCH OF DFSCRIP T/ON
IN A PORTION OF O.R. MITCHELL'S SURVEY
OF THE LEVY GRANT, ON LAKE JESSUP
SEMINOLE COUNTY, FLORIOA
Description (As prepared by John B. Webb & Associates, Inc.)
Ingress/Egress and Utility Easement over, on and under 011 roadways / and private rights-at-way within the
tallow described parcel at land:
A portion at Block "0", O. R. MITCHELL'S SURVEY OF THE LEVY GRANT ON LAKE JESSUP reco'rded in Plot Book
I, Page 5 Public Records of Seminole County, Florida being more particularly described os follows: Commence
at the Northwest corner of Lot 38 Block "0: of said O. R. MITCHELL'S SURVEY OF THE LEVY GRANT ON LAi<E
JESSUP, thence N83'50'35"E 0 distance of 672.34 feet along the Northerly line of Lots 38, 37, and 36 of said
"BLOCK 0" to the Point of Beginning; thence S04'57'32"W 0 distance of 157.96 feet; thence S22'48'44"E 0
distance of 147.86 feet; thence, Sl7'43'34~E. ,0, distance of 976.31 feet; thence N6018'50"E 0 distance at 179.41
feet; N86'29'33"E 0 distance of 110.45 feet; thence S22'04'38"E 0 distance of 315.67 feet; thence S06'51'09"E
o distance of 56.77 feet; thence S87'04'40"E 0 distance of 37.94 feet; thence N67'57'06"E 0 distance of
185.57 feet; thence S22'02'54"E 0 distance of 30.29 feet; thence N67'57'13"E 0 distance of 122.16 feet;
thence S22'02'58"E 0 distance of 74.12 feet; thence S87'04' 40"E 0 distance of 498.88 feet; thence
S21'43'08"E 0 distance of 247.77 feet to the point of curvature of 0 nontangent circular curve, concave to the
Northwest, whose radius is 150.66 feet and chord bearing is N73'11'25"E and chord distance is 27.51 feet;
thence along the arc of said curve through 0 central angle of 10'28'24" for 0 distance of 27.54 feet; thence
N67'57'13"E 0 distance of 104.59 feet to the point of curvature of 0 circular curve, concave to the Northwest,
whose radius is 25.00 feet and chord bearing is N22'57'13"E and chord distance is 35.36 feet; thence along
the orc of said curve through 0 central angle of 90'00'00" for 0 distance of 39.27 feet; thence S22'02'47"E 0
distance of 222.26 feet; thence S87'04'22"E 0 distance of 148.66 feet; thence N22'02'47"W along the easterly
line of lots 36 & 59 of the aforesaid block "0" 0 distance of 2140.93 feet to the Northeast corner of'said lot
36; thence S83'50'35" W along the aforesaid Northerly line of lots 38,37; and 36 0 distance of 1257.27 feet to
the Point of Beginning.
And also(Oesription os furniShed)
o Tract of Land lying in Block B & 0 of O.R. MITCHELL'S SURVEY OF THE MOSES E. LEVY GRANT according to
the plot thereof os recorded in Plot Book I, Page 5-S of the Public Records of Seminole County, Florida, said
Tract being more particularly described os follows: 011 of Lots 36,37,38,59,60,61 and 74 and that port of Lot
73 lying Easterly of the Southeasterly extension of the Westerly line of Lot 74 across said Lot 73, 011 lying and
being in said Block "0" of O.R. MITCHELL'S SURVEY OF THE LEVY GRANT, Seminole County, Florida and that port
of Lot 26, Block B of O.R. MITCHELL'S SURVEY OF THE LEVY GRANT lying'South and West of State Rood No.
419, Seminole County, Florida (less Rood).
ANO
Lot 26, Luttrell Pork, according to the plot thereat,' os recorded in Plot Book 11, Page 44, Public Records of
SeminOle County, Florida.
AND
Lot 1 of Joe E. Johnston's Survey, Deed Book 147, Page 221. Beginning NW Corner Lot 1. Run S 22'15' E
264.03 ft., N 51' 18" E 238.7 ft. to Rood, N 77' 45' W to Beginning.
.
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I ~II\O._ ' ~.~, "-.""-, l...Q\\~\03
~A~LiCENSe: NU .', P.S.M. 5975
LB NUMBER-;'3763,NQ'l.: VALID:. W1TI:!.9UT THE ORIGINAL
SIGNATURE AND RAISED SEA!,O!, A' FLQRIDA LICENSED
SURVEYOR AND, MAPPER " "
EXHIBIT "A"
SHEET 2 OF 2
CHECKED BY: JBW
FIELD DATE: N/A
JOB NUMBER: 521-01
SHEET 2
OF 2
LAND SURVEYING DIVISION OF
101m H. WdJ61t AS_Illes, lHt.
CIVIL & ENVIRONMENTAL CONSULTING ENGINEERS
925 S. DENNING DRIVE
WINTER PARK, FLORIDA 32789
FAX: (407) 622-9325 PH: (407) 622-9322
EMAIL: WEBBENGR@AOL.COM ~
DRAWN BY: WFG
- DATE: 5/1/03
DRAWING NAME: PHASel
FIELD BOOK: N/A
\.. REVISION DATES:
6/16/03