HomeMy WebLinkAboutWinter Springs Golf, LLC - Water Line & Ingress/Egress Easement Agreement - 2012 02 08 - Tuscawilla Greens Return to:
City of Winter Springs
Attn: City Engineer
1126 E. State Road 434
Winter Springs, Florida 32708
Parcel ID. #(s):
WATER LINE & INGRESS/EGRESS EASEMENT AGREEMENT
THIS EASEMENT AGREEMENT is made the last date signed below, by
WINTER SPRINGS GOLF, LLC, a Florida limited liability company, whose mailing address
is 375 Forsgate Drive, Monroe Township, N.J., 08831, ( "Grantor ") in favor of the CITY OF
WINTER SPRINGS, a Florida municipal corporation, and having a mailing address of 1126 E.
State Road 434, Winter Springs, Florida 32708 (hereinafter "Grantee ").
WITNESSETH:
WHEREAS, Grantor is the owner of real property located within Seminole County,
Florida; and
WHEREAS, Grantee has designed, permitted and constructed certain facilities for the
provision of potable water throughout the City of Winter Springs, including water lines, water
mains, pipes, service lines, tees, joints and other incidentals and appurtenances which are
necessary or appropriate in connection therewith (hereinafter "Water Line Facilities "); and
WHEREAS, Grantee requires, and Grantor desires to convey, a perpetual easement for
the placing, constructing, repairing, and maintaining of Water Line Facilities by Grantee on
Grantor's property, as well as a perpetual, non - exclusive easement for ingress and egress in
order to access and use the Water Line Facilities as provided herein; and
WHEREAS, providing of Water Line Facilities constitutes a public purpose and also has
a benefit to Grantor and to MORGRAN GREENS, LLC, ( "Morgran ") a Florida limited
liability company which is the owner of the property which will be benefitted by the easement,
and upon which a 60 unit townhome development known as "The Greens at Tuscawilla"
( "Project ") will be developed;
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 agree as follows:
Water Line & Ingress/Egress Easement
City of Winter Springs and Winter Springs Goff, LLC
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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 water line easement (hereinafter "Water Line Easement "); over, under, through, and
across the real property described in Exhibit "A," a copy of which is attached hereto and
incorporated herein by this reference; and a perpetual non - exclusive ingress and egress easement
(hereinafter "Ingress/Egress Easement ") across the said real property legally described in
Exhibit A. Said easements shall be of the nature and character and to the extent hereinafter set
forth.
3. Purpose of Water Line Easement. The Water Line Easement is granted for the
express and sole purpose of allowing Grantee, to perpetually use the property within the Water
Line Easement for placing, constructing, repairing, and maintaining of Water Line Facilities as
may be reasonably and customarily necessary in connection therewith.
4. Purpose of Ingress/Egress Easement. The Ingress/Egress Easement is granted
for the express and sole purpose of allowing Grantee, to perpetually use the property within the
Ingress/Egress Easement to reasonably permit Grantee, access to place, construct, operate,
maintain and repair the Water Line Facilities contained within the Water Line Easement.
5. Rights and Obligations of Grantee. To accomplish the purpose stated above,
and at Grantee's sole expense, the following rights are conveyed to Grantee this Easement:
(a) the right for Grantee to inspect, alter, improve, construct, repair, rebuild, remove,
connect to, disconnect from, and maintain the Water Line Facilities within the Water
Line Easement, together with the right to excavate and refill ditches and trenches for the
placement of the Water Line Facilities and to fill the real property to the extent necessary
to provide vehicular access within said Easement;
(b) all other rights and privileges reasonably and customarily necessary for Grantee's
safe and efficient placement, construction, operation, maintenance, and/or repair of the
Water Line Facilities, including reasonable access to such facilities;
(c) 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
Line Facilities, and file actions in a court of competent jurisdiction.
(d) prior to the performance of any reconstruction, replacement, removal, operation,
inspection, maintenance, repair improvement, or any other use or work contemplated by
this Easement Agreement by the Grantee, Grantee shall communicate with Grantor in
order to schedule and coordinate the work so as not to unduly interfere with the
operations of the country club conducted by Grantor.
Water Line & Ingress/Egress Easement
City of Winter Springs and Winter Springs Golf, LLC
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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 Easement
Agreement. Any such restoration shall be in a workman -like manner.
6. Grantors Use of Easement. Subject to and conditioned upon the provisions of
this Agreement, Grantor hereby reserves for itself the right to use the easement areas; provided,
however, that Grantor's shall not (i) violate any provision of this Easement Agreement, or (ii)
unreasonably interfere with any of Grantee's easements, rights or interest under this Agreement,
or (iii) construct any improvements on the Easement Property nor install any landscaping which
Grantee believes may adversely impact the integrity of the Water Line Facilities.
Notwithstanding anything to the contrary contained herein, Grantor shall not have the right to
relocate the Water Line Easement on Grantor's property.
7. Easements Run with the Land. These easements shall remain a charge against
the Property and run with the Property and the Project and benefit the Project in perpetuity.
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.
8. Recordation. This instrument shall be recorded in the Official Records of
Seminole County, Florida and may be re- record it at any time to preserve the rights of either
party to this Easement.
9. Sovereign Immunity. Notwithstanding any other provision set forth in this
Agreement, nothing contained in this Agreement shall be construed as a waiver of the City' s
right to sovereign immunity under section 768.28, Florida Statutes, or other limitations imposed
on the City' s potential liability under state or federal law. As such, the City shall not be liable
under this Agreement for punitive damages or interest for the period before judgment. Further,
the City shall not be liable for any claim or judgment, or portion thereof, to any one person for
more than the amount specified under section 768.28, 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 the total
amount set forth in section 768.28. This paragraph shall survive termination of this Agreement.
10. Indemnification. To the extent provided by law and subject to the limitations set
forth in paragraph 9 of this Agreement, Grantee agrees to indemnify, defend and hold harmless
Grantor from and against all claims, losses, damages, personal injuries, or liability, arising
from, out of, or caused by: Grantee, its officers, employees, agents, or contractors, negligent or
intentional acts, errors, omissions in the placement, operation, maintenance, construction, repair
of the Water Line Facilities, except to the extent of negligence or intentional wrongdoing of the
Grantor. Grantor shall be responsible for its own negligent or intentional acts and omissions.
11. 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
Water Line & Ingress/Egress Easement
City of Winter Springs and Winter Springs Golf, LLC
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injunctive relief, including a mandatory injunction.
12. Third Party Beneficiary. Morgran, its successors and assigns, are expressly
intended third party beneficiaries of this Agreement and the two easements created hereby;
which easements are for the use and enjoyment of Morgran, its successors and assigns, and the
Project. As such, they shall have the right to enter upon and inspect the easement area and the
Water Line Facilities, as may be reasonably and customarily necessary in connection with their
enjoyment of the easements, and the right to enforce by a proceeding at law or in equity, the
obligations of the parties hereto, as expressly stated herein.
13. 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.
The parties agree that the Agreement was consummated in Seminole County, and the site of the
easement is in Seminole County, Florida.
14. Notice. All notices, demands, requests, consents, approvals or other
communications (collectively, ANotices@) 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 GRANTOR:
Attn: Christopher R. Schiavone
375 Forsgate Drive
Monroe Township, New Jersey, 08831,
TO GRANTEE:
Attn: City Manager
City of Winter Springs, Florida
1126 E. State Road 434
Winter Springs, Florida 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.
15. Modification. This Easement shall only be modified by a written instrument
executed by the parties hereto or any successor, assigns, heirs, or representatives thereof.
16. Entire Agreement. This Easement 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 Easement. The laws of Florida shall govern
Water Line & Ingress/Egress Easement
City of Winter Springs and Winter Springs Golf, LLC
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this Easement.
17. Representations. The undersigned representatives hereby represent and
warrant that this Agreement has been duly authorized by their respective agencies and that the
undersigned representatives have the authority to execute this Agreement on behalf of their
respective agencies.
IN WITNESS WHEREOF, Grantor, Grantee and Morgran have set their respective
hands on the day and year first below written.
WITNESSES: GRANTOR
WINTER SPRINGS GOLF, LLC, a
/ Florida limited liability company
__ _ - By: REACT GOLF, LLC, a Florida
Print Name: nist i Sr nx,1 „, ( limited liabilit company, as its Manager
r
B , A . ..•>' 1
Christopher R. Schiavone,
Manager
'. •
Print Name: I[rt' lM , ' - Date: % 2 6/ -
STATE 0 ” k- '■-• ' ' 6
COUNTY OF \ ddb
iv I HERE certify that the foregoing instrument was acknowledged before me this
c5 day of 0"A-kg) - , 2012, by Christopher R. Sciavone, the Manager of REACT
GOLF, LLC, a 'da, the Manager of WINTER SPRINGS GOLF, LLC, who is personally
known to me, or who has produced X.S b'ntR-i'S� as identification.
0 '' otary Public, State of ■Q -1. 1
Print
Name
LEMIA MARI><lal.!
NOTARY PUBLIC OF NL■fi 0E.R0EY My
Commission Expires 412512013
Water Line & Ingress/Egress Easement
City of Winter Springs and Winter Springs Golf, LLC
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CITY OF WINTER SP ' 1 GS
ACCEPTAN E
Key' L. Smi , ity Manager
ATTEST:
Andrea Lorenzo - Luaces, City Cler
CITY SEAL:
STATE OF FLORIDA
COUNTY OF SEMINOLE
I HEREBY certify that the foregoing instrument was acknowledged before me this
ph day of febru.ecry , 2012 by Kevin L. Smith, as City Manager, and by Andrea
Lorenzo- Luaces, as City Clerk of the City of Winter Springs, who are 2ersonally known to me,
or who have produced as identification.
Notary Public, State of Florida
=o ►sr ' 0 4 Notary Public State of Florida Cala& , Carol A l.allathin , �
M y C omm i ssion EE063884 Print Name: (,'( ,t. . ja
of ��o Expires 04!28/2015
My commission expires:
A'PRa. 0zo,s •
Water Line & Ingress/Egress Easement
City of Winter Springs and Winter Springs Golf, LLC
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Water Line & Ingress/Egress Easement
City of Winter Springs and Winter Springs Golf, LLC
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DESCRIPTION:
A PORTION OF THE EAST PART OF PHILIP R. YONGE GRANT, SOUTH PART, AS RECORDED IN PLAT BOOK 1, PAGE
38, OF THE PUBLIC RECORDS OF SEMINOLE COUNTY, FLORIDA. LYING IN SECTION 7, TOWNSHIP 21 SOUTH, RANGE
31 EAST, SEMINOLE COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCE AT THE SOUTHEAST CORNER OF TRACT A, FOX GLEN AT CHELSEA PARC, TUSCAWILLA, AS RECORDED
IN PLAT BOOK 49, PAGES 78 -82; THENCE ALONG THE SOUTH LINE OF TRACT A, NORTH 65'11'45" WEST, A
DISTANCE OF 70.09 FEET; THENCE DEPARTING THE SOUTH LINE, NORTH 8721'25" WEST, A DISTANCE OF 559.92
FEET; THENCE NORTH 67'55'28" WEST, A DISTANCE OF 136.13 FEET; THENCE SOUTH 23'12'11" WEST, A DISTANCE
-- -- OF 69.56 FEET; THENCE NORTH 66'47'49" WEST, A DISTANCE OF 151.45 FEET; THENCE NORTH 23'12'11 EAST, _ A -
DISTANCE OF 115.99 FEET; THENCE SOUTH 89'44'14" EAST, A DISTANCE OF 75.19 FEET; THENCE NORTH
0015'46" EAST, A DISTANCE OF 16.55 FEET; THENCE NORTH 6113'03" EAST, A DISTANCE OF 11.74 FEET;
THENCE NORTH 00'24'38" EAST, A DISTANCE OF 133.02 FEET TO THE POINT OF BEGINNING;
THENCE NORTH 44'08'33" WEST, A DISTANCE OF 27.11 FEET; THENCE NORTH 89'34'17" WEST, A DISTANCE OF
161.06 FEET; THENCE SOUTH 44'46'28" WEST, A DISTANCE OF 43.69 FEET; THENCE NORTH 45'13'32" WEST, A
DISTANCE OF 20.00 FEET; THENCE NORTH 44'46'28" EAST, A DISTANCE OF 52.11 FEET; THENCE SOUTH 89'34'17"
EAST, A DISTANCE OF 177.85 FEET; THENCE SOUTH 44'08'33" EAST, A DISTANCE OF 15.17 FEET; THENCE SOUTH
00'24'38" WEST, A DISTANCE OF 28.51 FEET TO THE POINT OF BEGINNING.
CONTAINING 0.109 ACRES (4,770 SQUARE FEET), MORE OR LESS.
In accordance with CH -5J- 17.050 through 17.052
of the Florida Administrative Code,
this Description and Sketch of Description
bears the notation:
SHEET 1 OF 2
THIS I S NOT A SURVEY. SEE SHEET 2 OF 2 FOR SKETCH
BEARINGS SHOWN HEREON ARE BASED ON THE SOUTH 1. THE SURVEYOR HAS NOT ABSTRACTED THE
BOUNDARY LINE OF CHELSEA PARC AT TUSCAWILLA PHASE I LAND SHOWN HEREON FOR EASEMENTS, RIGHT
AS BEING N6511'45 "W, PER PLAT. OF WAY, RESTRICTIONS OF RECORD WHICH MAY
AFFECT THE TITLE OR USE OF THE LAND
SKETCH OF DESCRIPTION
2. NO IMPROVEMENTS HAVE BEEN LOCATED.
3. NOT VALID WITHOUT THE SIGNATURE AND
OF THE ORIGINAL RAISED SEAL OF A FLORIDA
20' OFFSITE WATERLINE EASEMENT LICENSED SURVEYOR AND MAPPER.
GREENS AT TUSCAWILLA 4. THIS DOCUMENT CONSISTS OF 2 SHEETS,
NOT FULL OR COMPLETE WITHOUT ALL SHEETS.
SEMINOLE COUNTY, FLORIDA SECTION 7 - 21 - 31 AMERICA N
DATE: 12/5/11 REVISED:
SCALE: N/A S U RN/EYING
APPROVED BY: DMD a MAPPING INC.
/ CERTIFICATION OF AUTHORIZATION NUMBER LB #6393 /
JOB NO. 7070901 1030 N. ORLA
PARK,JFFLORIDA SUITE 3 89 /
DA ID M. D F' IPPO P' #5038
_
DRAWN BY: DD WWW, AMERICANSURVEYINGANDMAPPING.COM ' DATE: /: ZifI
SKETCH OF --DESCRIPTION:
20' OFFSITE WATERLINE EASEMENT
GREENS AT TUSCAWILLA
WINTER SPRINGS BOULEVARD
(O.R. BOOK 1057, PAGES 1642 -1644)
_ 120' RIGHT OF WAY _ _
SOUTH RIGHT OF WAY _ _ UNE 1
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LINE LENGTH BEARING
L1 27.11' N44'08'33 "W
N L2 161.06' N89'34'17 "W
e L3 43.69' S44'46'28 "W
el L4 20.00' N45'13'32 "W
al L5 52.11' N44'46'28 "E
L6 177.85' S89'34'17 "E
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A L8 28.51' S00'24'38 "W w N
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SHEET 2 OF 2
SEE SHEET 1 OF 2 FOR DESCRIPTION
AMERI DATE: 12/5/11 REVISED:
SURVE 1 N G SCALE: 1" =100'
MAPPING INC. APPROVED BY: DMD
CERTIFICATION OF AUTHORIZATION NUMBER LB#6393
1030 N. ORLANDO AVE, SUITE 8 7070901
WINTER PARK, FLORIDA 32789 JOB NO.
(407) 426 -7979 DRAWN BY: 00
WWW. AMERI C AN SU R VEYI N GAN DM AP PIN G. COM