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HomeMy WebLinkAboutPublic Drainage Easement Agreement-2013 05 13Iro Prepared by and return to: City of Winter Springs Attn: City Manager 1126 East S.R. 434 Winter Springs, FL 32708 MARYAM E NWK, CLERK OF CIRCUIT COURT SRIM LE CrAlm BK 08064 Pqs 1887 - 18641 t8"s3 CLERK'S # 20130S2993 RECOR00 06/24/2013 0%5063 AN RECMINS PEES 69.50 RECURAFT BY T Smith PUBLIC DRAINAGE EASEMENT THIS PUBLIC DRAINAGE EASEMENT is made this �,' day of 3u.ne, 2013 IN Michael and Corinne Rosenbere Having a mailing address of: 244 Morton Lane Winter Springs, FL 32708 (hereinafter called "Grantor ") in favor of the CITY OF WINTER SPRINGS, FLORIDA, a Florida Municipal Corporation, having a mailing address of 1126 East State Road 434, Winter Springs, Fl 32708 ( "Grantee "). WITNESSETH WHEREAS, Grantor is the sole owner of certain real property located within the City of Winter Springs at 244 Morton Lane: and WHEREAS, Grantor desires to convey a drainage easement over, under, and across a portion of its real property, as legally described herein, for purposes of allowing Grantee ingress and egress to operate and maintain certain public stormwater improvements and other incidental appurtenances: and WHEREAS, Grantor, as fee simple owner of the easement property, also agrees to assist Grantee in obtaining any local, state, or federal permits required to maintain the public stormwater improvements and any other incidental appurtenances and accessories thereto: and WHEREAS, Grantor and Grantee mutually agree that the granting of this easement will enable the Grantee to further enhance the drainage associated with the adjacent roadway and stormwater system: and WHEREAS, Grantor and Grantee believe that this public drainage easement is in the best interest of the public health, safety, and welfare of the citizens of Winter Springs and Seminole County NOW, THEREFORE, in consideration of the enumerated public purposes stated herein, and 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) Recitals. The foregoing recitals are hereby incorporated herein by this reference. 2) Grant of Easement. Grantor hereby voluntarily grants and conveys to Grantee and its successors and assigns, subject to any previous duly recorded easements or grants of record, a public drainage easement over, under, and across the real property legally described in EXHIBIT "A" (the "Property ") for the conveyance, treatment and storage of stormwater inclusive of the right -of -entry to build, repair, inspect and maintain stormwater related improvements and appurtenances. 3) Purpose of Easement. It is the express purpose of this easement to provide Grantee unconditional ingress and egress to operate and maintain public stormwater facilities over, under and from the Property for the purposes stated herein. 4) Easement Purchase Price. The purchase price for the easement shall be Three Thousand Eight Hundred Seventy Dollars and 00 Cents ($3,870.00). Grantee shall pay the Grantor the purchase price in full at the time of Grantee's execution of this Easement Agreement. 5) Rights of Grantee. To accomplish the purposes stated above, and at Grantee's expense, the following rights are conveyed to the Grantee by this Easement: a. To use the Easement for ingress and egress and to construct, operate, and maintain public stormwater facilities over, under, and across the Easement for the benefit of the public; and b. To prevent any activity on or use of the Easement that is inconsistent with the purpose of the Easement, and to require the restoration of areas of features of the property that may be damaged by an inconsistent activity or use; and c. To cut, trim, and keep clean such trees, brush, and undergrowth that might interfere with the public stormwater facilities within the Easement; and d. To take any civil action deemed necessary, at the Grantee's sole and absolute discretion, to protect and preserve the Easement granted hereunder. 6) Permits. The parties acknowledge that certain local, state, and federal permits may be required from time to time for purposes of constructing, operating, and maintaining the public improvements and other incidental appurtenances and accessories referred to herein. Grantor, as fee simple owner of the property, hereby agrees to allow Grantee, at Grantee's expense, to make application for said permits and also agrees to join in any said permit (as signatory or otherwise) when required by any permitting agency for issuance of the permit. Notwithstanding, 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 construction, operation, and maintenance of the public improvements and other incidental appurtenances and accessory structures. 7) Easements Run with the Land. This Easement shall remain a charge against the Property. Therefore, this Easement shall "run with the land" and be automatically assigned by any deed or other conveyance conveying a portion of the Property relating to this easement, even though conveyance makes no reference to this Easement as such. 8) Attorney's Fees. In the event of any legal action arising under this Easement between the parties, the parties agree to incur their own attorney's fees, court costs, and expenses, through all appellate proceedings. 9) 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. 10) 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 with the Property. 11) Grantors Representations and Warranties. Grantor hereby agrees and makes the following representations and warranties to Grantee: Grantor is lawfully seized of said Property in fee simple and has full and lawful authority to execute this Easement, convey the Easement to Grantee, and bind the Property as set forth herein. b. The Property is free of any and all encumbrances, except zoning restrictions and prohibitions and other requirements imposed by government authority and other encumbrances which are recorded in the public records of Seminole County, Florida. C. Grantor shall pay any and all taxes that are levied on the Property, from time to time, as said taxes and assessments come due. d. Grantor hereby warrants the title to the Easement granted hereunder over, under, and across the Property and will defend the same against lawful claims of all persons whomever. 12) Grantee's Right to Seek Equitable Relief. Grantor agrees, acknowledges and recognizes that any breach of this easement by Grantor would result in irreparable harm to Grantee and the public, and accordingly, Grantor agrees that in addition to and not in lieu of all legal and equitable remedies available to Grantee by reason of such breach, Grantee shall be entitled to equitable relief (including, without limitation, specific performance and injunctive relief) to enjoin the occurrence and continuation of the breach. 13) Entire Agreement. This Public Drainage Easement Agreement 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 Easement shall be governed by the laws of Florida. 14) Sovereign Immunity. 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. 15) Modifications. This Agreement shall only be modified by a written instrument executed by the parties hereto or any successor, assigns heirs, or representatives thereto. 16) Grantors Duty of Noninterference. Grantor agrees not to interfere or allow others to interfere with Grantee's rights to use the Property as specifically set forth herein. Grantor agrees not to permit or allow the construction or erection of any building or structure on the Property without prior written consent of the Grantee. 17) Termination. The parties agree that this Easement is intended to be perpetual. However, in the event the Grantee determines, at its sole discretion, that it no longer requires the property for public improvements described herein, Grantee, at Grantor's written request, agrees to execute an appropriate written instrument to terminate this easement. 18) Hold Harmless. The Grantee will be responsible for, and hold Grantor harmless, for any damage occurring to Grantor's property as a result of the acts and omissions of Grantee and its employees and contractors related to Grantee's construction in and use of this Easement. IN WITNESS WHEREOF, Grantor and Grantee set their respective hands on the day and year above written. WITNESSES: Print Name S. CVfi�f�'j Print Name l U Michael and Corinne Rosenberg (GRANTOR) by VV Print Name AN CtiT-t- r Print Name Cb V"' �k L, M STATE OF FLORIDA COUNTY OF SEMINOLE The foregoing instrument was acknowledged and sworn to before me this / Day of ,:�,' n C, 2013 by 01,CA GPI o is s not personally known to me, or has prod**oi ^A ^ ^^.4v l 1� as 1 entification. I All Notary Public State of Florida Ina Michelle B�EE070690 ' 6 My Commission err Expires 04/01/2NOTARY PUBLIC STATE OF FLORIDA COUNTY OF SEMINOLE The foregoing Day of 2013 me, or has produced _ instrument was acknowledged and sworn to before me this /0 )y _ o L i n /1 41!- nspn �e .- a d his not personally known to as I entification. // w r I Notary Public State of Florida �/ T. Ina Michelle Boswell O RY PUBLIC `.�,/ My Commission EED70690 o, �� Expires 04/08/2015 WITNESSES I71�4� Print Name &-%):tA Fi MIDIS int Name tjkA P�14--Z STATE OF FLORIDA COUNTY OF SEMINOLE CITY OF WINTER SPRING Y G ' NTEE) By: K in L. Sm City Manager Ah &Woregoing instrument was acknowledged and sworn to before me this day of , , 2013 by Kevin L. Smith, City Manager of the City of Winter Springs Florida who Q1 is not personally known to me, or has produced as identification. I Y i Ck," ARKER NOTARY PUBLIC EE 062240 6, 2016 �EM 1C UndorN 4M Sketch and Description: THIS IS NOT A SURVEY EXHIBIT A LEGIBILITY UNSATISFACTORY FOR SCANNING Legal Description: THE WESTERLY (AS MEASURED PERPENDICULARLY) 10 FEET OF LOT 10. BLOCK N, NORTH ORLANDO RANCHES, SEC. 7, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 13, PAGE 3 OF THE PUBLIC RECORDS OF SEMINOLE COUNTY, FLORIDA. ENCOMPASSING 1,500 SQUARE FEET MORE OR LESS. (A) - ACTUAL A APPROX - APPROXIMATE (D) AVG - AVERAGE (DE) (88) - BEARING BASIS DEPT BLDG - BUILDING D/U BM - BENCH MARK (C) - CALCULATED ELEV C - CHORD EDP CB - CHORD BEARING ESMT CCR N - CERTIFIED CORNER FDOT RECORD NUMBER CA - CENTERLINE FF CM - CONCRETE MONUMENT FNO CONIC - CONCRETE FP &L CDR - CORNER (G) Survevor's Notes: 1. 'SURVEY MAP AND REPORT OR THE COPIES THEREOF ARE NOT VAUD WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER.' 2. 'ADDITIONS OR DELETIONS TO SURVEY MAPS OR REPORTS BY OTHER THAN THE SIGNING PARTY OR PARTIES IS PROHIBITED WITHOUT WRITTEN CONSENT OF THE SIGNING PARTY OR PARTIES.' 3. BEARINGS SHOWN HEREON ARE RELATIVE TO S59'09'09'E ALONG THE NORTHERLY LINE OF LOT 10. BLOCK N. NORTH ORLANDO RANCHES, SEC. 7, AS RECORDED IN PLAT BOOK 13, PAGE 3 OF THE PUBUC RECORDS OF SEMINOLE COUNTY, FLORIDA. 3. THE 'LEGAL DESCRIPTION' HEREON WAS PREPARED BY THE SURVEYOR PER THE CUENYS REQUEST. 4. THIS SKETCH WAS PREPARED WITHOUT THE BENEFIT OF AN ABSTRACT OR OPINION OF TITLE. NO INSTRUMENTS OF RECORD REFLECTING EASEMENTS, RIGHTS -OF -WAY, AND /OR OWNERSHIP WERE FURNISHED TO THIS SURVEYOR EXCEPT AS NOTED. 5. THIS IS NOT A BOUNDARY SURVEY, THIS SKETCH AND DESCRIPTION WAS PREPARED FROM INFORMATION FURNISHED TO THE SURVEYOR, NO FIELD SURVEY WAS PERFORMED TO DEFINE OWNERSHIP. Survevor's Certification: I hereby certify that the attached "Sketch and Description" of the hereon — described property is true and correct to the best of my knowledge, information and belief as prepared under my direction on February 25, 2013. 1 further certify that this "Sketch and Description" meets the minimum technical standards set forth in Rule Chapter 5J -17 of the Florida Administrative Code. For the Firm By Thomas J. Galloway PSM Professional Surveyor and Mapper Florida Registration No. 6549 Eng.- ENGINEERLNC ­^ BUSINESS NOT VAUD IMTHOUT Date: 2/25/13 Job No. W04154 C.O.A.- CERTIFICATEOFAUrHORIZATION AM- ARCHITECTURAL LANDSCAPE .- STOFFICPLICAOB-EOPYRIC LICENSED AND Drawn by: RDB Scale: N/A File:WO4154 SOD.DWG Engineers (C.O.A. No. 3215) 500 West Fulton Street Sheet Architects (Lic. No. AA2600926) DRAINAGE EASEMENT Surveyors Sanford, Florida 32771 C y (L.B. No. 7143) P. O. Box 2808 SECTION 2- TOWNSHIP 21 SOUTH -RANGE 30 EAST Landscape Arch. (Lic. No. LC0000298) Sanford, Florida SEMINOLE COUNTY, FLORIDA Planners 32772 -2808 Environmental Scientists Phone 407322 -6841 1 Of 2 Construction Management Fax 407330 -0639 SKETCH AND DESCRIPTION Traffic / Transportation I © 2013 Abbreviation Legend: - DELTA GOVT - GOVERNMENT PC - POINT OF CURVATURE R30E - RANGE 30 EAST - DEED IP - IRON PIPE PCC - POINT OF COMPOUND R - RADIUS - DEED EXCEPTION IR - IRON ROD CURVATURE RAD - RADIAL - DEPARTMENT IR &C -IRON REBAR & CAP PCP - PERMANENT CONTROL POINT REC - RECOVERED - DRAINAGE AND UTILITY L - ARC LENGTH PG - PAGE REV - REVISION EASEMENT LBB - LICENSED BUSINESS NUMBER PGS - PAGES RP - RADIUS POINT - ELEVATION (M) - MEASURED PI - POINT OF INTERSECTION R/W - RIGHT -OF -WAY - EDGE OF PAVEMENT N & D - NAIL AND DISK POB - POINT OF BEGINNING SEC 2 - SECTION 2 - EASEMENT NR - NON - RADIAL POC - POINT OF COMMENCEMENT SQ - SQUARE - FLORIDA DEPARTMENT OF NSI - NO SURVEYOR IDENTIFICATION POL - POINT ON LINE SO FT - SQUARE FEET TRANSPORTATION NT - NON- TANGENT PRC - POINT OF REVERSE TS - TANGENT BEARING - FINISH FLOOR OR - OFFICIAL RECORDS CURVATURE T21S - TOWNSHIP 21 SOUTH - FOUND ORB - OFFICIAL RECORDS BOOK PRM - PERMANENT REFERENCE (TYP) - TYPICAL - FLORIDA POWER AND LIGHT (P) - PLAT MONUMENT UE - UTILITY EASEMENT - GRID (STATE PLANE) PB - PLAT BOOK PT - POINT OF TANGENCY W/ _ WITH FEC - FLORIDA EAST COAST RAILWAY Survevor's Notes: 1. 'SURVEY MAP AND REPORT OR THE COPIES THEREOF ARE NOT VAUD WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER.' 2. 'ADDITIONS OR DELETIONS TO SURVEY MAPS OR REPORTS BY OTHER THAN THE SIGNING PARTY OR PARTIES IS PROHIBITED WITHOUT WRITTEN CONSENT OF THE SIGNING PARTY OR PARTIES.' 3. BEARINGS SHOWN HEREON ARE RELATIVE TO S59'09'09'E ALONG THE NORTHERLY LINE OF LOT 10. BLOCK N. NORTH ORLANDO RANCHES, SEC. 7, AS RECORDED IN PLAT BOOK 13, PAGE 3 OF THE PUBUC RECORDS OF SEMINOLE COUNTY, FLORIDA. 3. THE 'LEGAL DESCRIPTION' HEREON WAS PREPARED BY THE SURVEYOR PER THE CUENYS REQUEST. 4. THIS SKETCH WAS PREPARED WITHOUT THE BENEFIT OF AN ABSTRACT OR OPINION OF TITLE. NO INSTRUMENTS OF RECORD REFLECTING EASEMENTS, RIGHTS -OF -WAY, AND /OR OWNERSHIP WERE FURNISHED TO THIS SURVEYOR EXCEPT AS NOTED. 5. THIS IS NOT A BOUNDARY SURVEY, THIS SKETCH AND DESCRIPTION WAS PREPARED FROM INFORMATION FURNISHED TO THE SURVEYOR, NO FIELD SURVEY WAS PERFORMED TO DEFINE OWNERSHIP. Survevor's Certification: I hereby certify that the attached "Sketch and Description" of the hereon — described property is true and correct to the best of my knowledge, information and belief as prepared under my direction on February 25, 2013. 1 further certify that this "Sketch and Description" meets the minimum technical standards set forth in Rule Chapter 5J -17 of the Florida Administrative Code. For the Firm By Thomas J. Galloway PSM Professional Surveyor and Mapper Florida Registration No. 6549 Eng.- ENGINEERLNC ­^ BUSINESS NOT VAUD IMTHOUT Date: 2/25/13 Job No. W04154 C.O.A.- CERTIFICATEOFAUrHORIZATION AM- ARCHITECTURAL LANDSCAPE .- STOFFICPLICAOB-EOPYRIC LICENSED AND Drawn by: RDB Scale: N/A File:WO4154 SOD.DWG Engineers (C.O.A. No. 3215) 500 West Fulton Street Sheet Architects (Lic. No. AA2600926) DRAINAGE EASEMENT Surveyors Sanford, Florida 32771 C y (L.B. No. 7143) P. O. Box 2808 SECTION 2- TOWNSHIP 21 SOUTH -RANGE 30 EAST Landscape Arch. (Lic. No. LC0000298) Sanford, Florida SEMINOLE COUNTY, FLORIDA Planners 32772 -2808 Environmental Scientists Phone 407322 -6841 1 Of 2 Construction Management Fax 407330 -0639 SKETCH AND DESCRIPTION Traffic / Transportation I © 2013 Sketch and Description: THIS IS NOT A SURVEY OI v A � 3J sego %J 09. / '000o9,,F- OT 11 —� NORTH ORLANDO RANCHES SEC. 7 PB13,PG3 BLOCK N /v\ EAST LINE LOT 11, 1`900 BLOCK N 70 00�'w_ IY � GRAPHIC SCALE 50 0 25 50 100 ( IN FEET ) 1 inch = 50 ft. 00 ham• � * O' *h EXHIBIT A UE-GIBILITY UNSATISFACTORY FOR SCANNING soy ORT °N 'oo0 909.. , 10 S°i 0 h* LOT 10 NORTH ORLANDO RANCHES MO SEC. 7 N �I v r°g CO PB13,PG3 74200, BLOCK N Q1 '—WEST LINE LOT 10, BOCK N 4p� h� w LOT 9 NORTH ORLANDO RANCHES SEC. 7 PB13,PG3 BLOCK N "EJUG SE NOT VAlJO WITHOUT Eng. • ENGINEERING L.B. • UCENSED BUSINESS Date: 2/25/13 Job No. W04154 CA. A.• CERTIFICATE OFAUTHORIZAT /ON Arch.• ARCHITECTURAL ty„� •uD Land.,p. • LANDSCAPE WA • NOTAPPLICARLE Lk. • LICENSED SH AN Drawn by: RDB I Scale: 1 " =50' -N , .O.. OS F ®•CD RIG File:w04154SOD.Dwc Engineers (C.O.A. No. 3215) Architects (Lie. No. AA2600926) 500 West Fulton Street DRAINAGE EASEMENT Sheet Surveyors (L.B. No. 7143) Sanford, Florida 32771 Box SECTION 21 SOUTH -RANGE 30 EAST C Landscape Arch. (Lic. No. LC0000298) Florida Sanford, orid a o SEMINOLE C SEMINOLE COUNTY, FLORIDA Planners Environmental Scientists Construction Management Traffic / Transportation 2808 Phonne e 4 40707322 -6841 Fax 407330 -0639 2 Of 2 SKETCH AND DESCRIPTION 2013