HomeMy WebLinkAbout2001 01 08 Regular H Access and Maintenance Easement for Oak Forest Lake
COMMISSION AGENDA
ITEM
H
CONSENT
INFORMATIONAL
PUBLIC HEARING
REGULAR X
January 8, 2001
Meeting
MGR~PT j/Y
Authorization
REQUEST: Public Works/Stormwater Department Requesting the City Commission
Consider Accepting an Easement for Access to Oak Forest Lake for Maintenance
Purposes and Granting Permission for Access Through the Oak Forest Wall
PURPOSE: The purpose of this Board item is to provide the latest draft easement for the City
Commission to accept an access and maintenance easement for Oak Forest Lake and
grant access through the Oak Forest Wall.
CONSIDERATIONS:
This agenda item is needed to implement the direction provided to staff on June 26,
2000 regarding access to Oak Forest Lake for aquatic weed maintenance activities. The
property owners, Marshall and Alice Allen, have agreed to an access and maintenance
easement across Tract "B" adjacent to Oak Forest Lake. In return, they have asked for the
City to grant access approval through the Oak Forest Wall gate. A red lined copy of the most
recent version of the easement is attached.
The City has been maintaining Oak Forest Lake since approximately 1995 using
Stormwater Utility maintenance funds at a cost of $178. 75/month because stormwater runoff
from the surrounding public streets enters the lake. The outfall is through a control structure
on the Winter Springs Boulevard side of the lake. Access to the lake has been previously
through Tract B although no access and maintenance easement previously existed. There are
three other drainage easements which are not as beneficial as the proposed access and
maintenance easement.
January 8, 2001
Regular Agenda Item H
Page 2
The construction of the Oak Forest Wall is being modified to accommodate the
proposed opening with a gate. Plan modifications have been provided to the Tuskawilla Road
project manager.
Staff and the City Attorney have some concerns about Paragraphs 20 and 21 which
gives the Grantors and any party authorized by Grantors the right to go through the gate in the
Oak Forest Wall. This has been the only contentious part of the agreement. The Grantors
have also asked for reimbursement for attorney's fees of up to $500 which staff supports.
FUNDING:
The property owner has requested that they be reimbursed the $500 in attorney's fees
and the City assume recordation costs. Additional wall and gate costs have not been identified
yet. Costs for this access easement and construction modifications will be borne by the
Stormwater Utility.
RECOMMENDATION:
It is recommended that the City Commission authorize the execution of the Oak
Forest Lake Access and Maintenance Easement with any changes deemed appropriate,
reimburse the property owners up to $500 in legal fees, and assume the recordation
costs payable from the Stormwater Utility Fund.
IMPLEMENTA TION SCHEDULE:
The easement will be recorded upon execution by both parties.
ATTACHMENTS:
1. Redlined Version of the Oak Forest Lake Access and Maintenance Easement
COMMISSION ACTION:
A TT ACHMENT NO. 1
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This instrument prepared by
and should be returned to:
Anthony A. Garganese, Esq.
Brown, Ward, Salzman & Weiss, P.A.
P.O Box 2873
Orlando, FL 32802-2873
OAK FOREST LAKE ACCESS AND MAINTENANCE EASEMENT
/
THIS EASEMENT is made this _ day of , 2000, by
MARSHALL E. ALLEN and ALICE L. ALLEN, husband and wife, having a mailing address
of 1065 Winter Springs Boulevard, Winter Springs, Florida 32708, (hereinafter called "Grantors")
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, Florida 32708, (hereinafter
called "Grantee").
WITNESSETH
WHEREAS, Grantors are the sole owners of certain real property located with~!~im\he City
of Winter Springs; and
WHEREAS, Grantors desire to convey a perpetual easement across a portion of their real
property, as legally described herein, allowing Grantee ingress and egress to Oak Forest Lake for the
sole purpose of controlling the growth of aquatic vegetation; and
WHEREAS, Grantors, as fee simple owners of the easement property, also agree to assist
Grantee, at Grantee's expense, in obtaining any local, state, or federal permits required to maintain
the easement and boat ramp; and
WHEREAS, Grantors and Grantee believe this easement is in the best interest of the City of
Winter Springs, Florida and Marshall E. Allen and Alice L. Allen, husband and wife.
NOW, THEREFORE, in consideration ofthe enumerated 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, grantors provide as
follows:
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1. Recitals. The foregoing recitals are hereby incorporated herein by this reference.
2. Grant of Easement. Grantors hereby voluntarily grant and convey to Grantee, successors,
and assigns, subject to any previous duly recorded easements or grants of record, access across the
real property described in Exhibit "A" attached hereto and made a part hereof, hereinafter the
"Property" of the nature and character and to the extent hereinafter set forth, "Easement."
Grantee shall maintain this Easement and boat ramp at Grantee's expense and shall not
construct, operate, or maintain other improvements, appurtenances or accessories thereon.
3. Purchasc PurPose' of Easement. It is the express purpose of this Easement to provide
Grantee unconditional ingress and egress across the Property for the purposes stated herein.
4. 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 Property for ingress and egress across the Property for the benefit of
Grantee and Grantors, and the public interest;
b. To prevent any activity on or use of the Property 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;
c. To grant nonexclusive easements to any third party for the purposes stated herein;
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g."" :rQ_~uJ, trim, and keep clean such trees, brush, and undergrowth Q.p.bra~~
~asem~lltjthat might hinder or prohibit the use of the Property for the purposes stated
herein;
e. To take any civil action deemed necessary, at the Grantee's sole absolute
discretion and cost, to protect and preserve the Easement granted hereunder.
5. Permits. The parties acknowledge that certain local, state, and federal permits may be
required from time to time for purposes referred to herein. Grantors, as fee simple owners of the
Property, hereby agree to allow Grantee to make application for said permits and also agree to join
in any said permit (as signatory or otherwise), at Grantee's expense, when required by any permitting
agency for issuance of the permit.
6. 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
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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.
7. Attorneys' Fees. In the event of any legal actiQI).'!.ri~.t!tgJ:illder this Easement between the
parties, the parties agree to incur their own attorney' 5 'attoI1!~Ys' Jfees, court costs, and expenses,
through all appellate proceedings.
8. 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 isn this Easement.
9. Successors. The covenants, terms, conditions, rights, and restrictions ofthis 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 .
10. Grantors' Representations and Warranties. Grantors hereby agree and make the
following representations and warranties to Grantee;
a. Grantors are lawfully seized of said Property in fee simple and have 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. Grantors shall pay any and all taxes that are levied on the Property, from time to
time, as said taxes and assessments come due.
d. Grantors hereby warrant the title to the Easement granted across the Property and
will defend the same against lawful claims of all persons whomever.
11. Grantors' Right to Seek Equitable Relief. Grantee agrees, acknowledges and recognizes
that any breach of this Easement by Grantee would result in irreparable harm to Grantors, and
accordingly, Grantee agrees that in addition to and not in lieu of all legal and equitable remedies
available to Grantors by reason of such breach, Grantors shall be ~ntitled to equitable relief
(including, without limitation, specific performance and injunction inJ~c4ve relief) to enjoin the
occurrence and continuation of the breach.
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12. Grantcc.s' Grantee's Right to Seek Equitable Relief. Grantors agree, acknowledge and
recognize that any breach of this Easement by Grantors would result in irreparable harm to Grantee,
and accordingly, Grantors agree 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 condition
of the breach.
13. 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 Easement shall be governed by the laws of
Florida.
14. Sovereign Immunity. Nothing contained in this Easement 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 Easement shall only be modified by a written instrument executed
by the parties hereto or any successor, assigns, heirs, or representatives thereto.
16. Grantee's Duty of Noninterference. Grantee agrees not to interfere or allow others to
interfere with Grantors' rights to use the Property. Grantee agrees not to permit or allow the
construction or erection of any building or structure, with the exception of a boat ramp at grade level,
on the Property without prior written consent of the Grantors.
17. Grantors' Duty of Noninterference. Grantors agree not to interfere or allow others to
interfere with Grantee's rights to use the Property as specifically set forth herein. Grantors agree not
to permit or allow the construction or erection of any building or structure on the Property without
prior written consent of the Grantee.
18. Termination. The parties agree that this Easement is intended to be perpetual. In the
event the Grantee determines, at its sole discretion, that it no longer requires the Property for the
purposes described herein, Grantee agrees to execute an appropriate instrument to terminate this
Easement.
19. Grantors' Use of Gate. The pal"tic.s acknowle.dgc that Glantce has constltlctcd a gate
which abuts tlle boundary ofthe Plopelty along Tuskawilla Road for pwposes of Glantces' inglcss
and egress to and fiom the PiOperty a1ld Oak Porest Lake. Dwihg the tCll11 of this casement,
Grantols 111a)l pcrsonally usc the gate for ingless and cglcss to and frolll the Propclty a11d Tuskawilla
Road, prOvided GrantOls have lawful use of Tuskawilla Road ahd Gra1ltors' use is reasonable. and
does hot ilftcrfere with Grantces' use of the gate and the Property. Gra11tols shall be sole.ly
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rcsponsible. for thcir usc of thc gatc and to that cxtent agrees to ihdcrllhif) alid bold hanlllcss the
Grantecs from and against the full amount of any claims, liabilitics, damagcs, costs and cxpenscs
(including rcasonable. attorncys' fces) pcrtaining to any and all daIllages, bodily ihjUry (ihcluding
death), 01 propcrty damagcs aIising out ofGrantOls' usc ofthc gate and GIaIltOIS' ingrcss ahd cgress
to the Property thtough the gatc.
ii 9. ffi~t~~ ;;;"Use'1jfP;ooertv: Grantee (the term Gr~t~~-~~ used in this EaSeJ)1ent sliulli
inc1udeany p~.aut1l(;lljz;~~'byqr#tee t,o lIsetheE$'en:etit for the purpose stated h~lrein~ may'u~~
the Easement for mgress illlo egress to an,d from Tuseawllla RO'ad across the PropertYt to Oak Forest
. .... .."... . T "" ". ;.; , ....' ...... . ",'
Lake, provided Grantee nas lawful:use. ofiTuseawilla Road' and' said use. does. not interfere witH
1, . _ '_" ' ,. '", -,"! : iT ., _ j',' 't'" _ __ _ _~ - . ;';' _ _", _ '; -., _ _ _ ' " --, _' " " _ _ _ ,_ - '_ _ -', _ j
prantors' use of the PropertY . Grantee sh~Hbe solelY responsible for Grantee's use of the Easement;
:i1nd to that extfn~ agre,e$~~~ ,?nd.e~rifyan4 hol~harmless th~,Gran~ors. from: ~m~ agai!1s,t the ful~
amOl,111tof any, c1arms, halnIitles; darnages"costs and expensesi( mcludmg reasonable attorneys 'fees)
pertaining to any and'aH?:~ages'l,~~q.~ljlX inj!-l!Y-.{including,de<!!hl<Q~..PIqperty d,Cl!}~~g~~~~,~mK2,l:!~
of Grantee's use of the Easement
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c.('~n--t:. r5' ~ '-~-- ----,--,,:-,.- '",__',___,...,,__..__""',.'v,.., q " '.
20. ~, Use efGate.'. The parties acknowledge that Grantee hasconstnicted agate
Which abuts tti~ ,bounda.ry offueP~opeIiY\along Tuscawiila Road for purposes of Grantors" anq
Grantee's ingtess and .ei4r~iis,to an,~fro~~theBroperty anfl Oak ForestLake. Grantorf;, (the term;
Grantors as used in this par~grapha.ri.dpaiagraph 21, sliaU'includeany party authorized by G.rantor~
to ingre~ ~d '<1gress the ~r~P7r;tY) ~ay use the gate for ing,ress 'a,zd ~gress to and frO~ th~ProP~:hI
and Tus.$aw1'll~lRoa4, prov,lfledG:raptors:have;laWfulllS~ofTus.eaw1'lla Road and Said use does not
, '.' .... ~. ," ". .,. '. . ' ., '. . ' . , . . . . I
~nterfere \Vith H-raIlte,e' s tise) Qf ~he'f1ate an,~;rPr?p~rty. Y17atltors sh~ll be_ so Idy.respoI)sib1e for the~
)lse ofthe gate, and to that~~tenfagr(eeto .ingemnif.yand hold harmless the Granteefrotp'and agains~
~he 'full.amo~t of an,y~ ~]~im~, .1i*pilitiys;;"dari1~ges;. cpsts :an.d ,exp~nses (including re.asonalSl~
a.ttom~ys' fees )pertaining'!toa11~, ~d au.d.awa.ges~"l?oc:l~b~igjury_~iI)cludiP-g 2~,~!p.1,_:.()EPlQQ~~
iJiamag~~afising:.91.1t"9[Q.t~tol~::-"-~~Jt~f~~cg(lteJ
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21. .Grantors' ,AssUrance. 6fAccess,'. Grantors and Grantee agree and unders,tand'that
9r~nto~s.shal!ih~ve tWcq4~fio,n~t~?: P~m,r.~~,;~~?ess t~o~~h: t~e g~~e. ,Denial. ~f th~Sri~t.~~@~
entIty, mcluduag:but not 11jl;Illtedto;tij~,Clty ofWmterSpnngs, the ;County of ~emmole,the State.of
, " ; - :: ' ~ :" ~:' , : ' :i', ,: :', -, :" _ -.' ,', ,_ _", .", , ,,' , " ' , '~ ,.' ,'.f
Florida, or the; United States' Gbv~rnment,wouldresult in irreparable harm to. Grantors, "anCl
., -:, " >~'_':_' ;":" ,'C;,_\~~, _t;;'>;__I""",~,'''_' ,',:,.j. ",1:_.:..., ,', , ,,"_',-", "_;".,,J
?qC01~dingly, Gtante~.agrees that,'i..n:'~ddition .tOI and 'nqt. in ,lieu of all legal and eq~ta,bl~ ,):eme4ies
ayailabl~ to qa.ntors byry~oi1:of the breaGh' of Qrantors';rights: to,acQess the Property,. Gra.ntor:~
~hall beentitIe:i:J!to equitabl~,telief(i1j~luqing.,witho,utlmiitatioh, ~p'~cifi~ p.e.r.f9rm<l!!~e~djp.j~<t!iy.~
relief) .to enjoin the 06cu.rt~nce and 'continuation of tIle breacn.
. , - , .', .' .-"..~.~.._', ,,--,,--,,~'."'._._~......-.., ._".,..j..'''-'-'-'''-'~--- -.'...~--..<^-".-_."..
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IN WITNESS WHEREOF, Grantors and Grantee set their respective hands on the day and
year first above written.
Witnesses:
Print Name:
MARSHALL E. ALLEN, Grantor
Print Name:
Print Name:
ALICE L. ALLEN, Grantor
Print Name:
STATE OF FLORIDA
COUNTY OF SEMINOLE
The foregoing instru~ent was acknowledged and sworn to before me this _ day of
, 200g, by MARSHALL E. ALLEN, 0 who is personally known to me or 0
who has produced for identification.
Notary Public - My Commission Expires:
STATE OF FLORIDA
COUNTY OF SEMINOLE
The foregoing instrument was acknowledged and sworn to before me this day of
I -
,2000-, by ALICE L. ALLEN, 0 who is personally known to me or 0 who
has produced for identification.
Notary Public - My Commission Expires
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.-
CITY OF WINTER SPRINGS, Grantee
Print Name:
RONALD W. McLEMORE
City Manager
Print Name:
ATTEST:
ANDREA LORENZO-LUACES
City Clerk
F:\DOCS\City of Winter Springs\Lake Access and Maintenance Agreement\Oak Forest.kj
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:;tt"_\
Sheet 1
See Sketch of Description
Included as Attachment" A"
DESCRlPTION
A portion of Tract "B", Oak Forest Unit One as recorded in Plat Book 22, Page 83 of the Public
Records of Seminole County, Florida, being more particularly described as follows:
A twenty (20) foot wide easement being ten (10) feet on either side of the following described lines:
Commence at the Southern most comer of said Tract "B" said comer also being the Easterly most
comer of Lot 23, of said Plat of Oak Forest Unit One; thence along the Westerly Right-of-Way of
Tuscawilla-Gariella Road and the arc ofa curve concave Northwesterly having a radius of 1556.02
feet, from a tangent bearing ofN 39006'15" E through a central angle of 040 15'36" for a distance of
115.69 feet to the Point of Beginning; thence N 50003'17" W for a distance of 15.07 feet to Point
"A"; thence continuing N 50003'17" W for a distance of 11.59 feet; thence N 31058'28" W for a
distance of75.00 feet to the point of termination. Thence return to Point "A" and run N 39056'43"
E for a distance of30.00 feet to the point of termination.
Prepared by:
This description and the accompanying sketch or
sketches has been prepared in accordance with the
Standards set forth in Chapter 61 G 17, 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 infonnational pwposes o~yand is not valid.
/?' J.//~~ ."/
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ARTHUR W. TUCKER. P.L.S.!! 438.1
Date: /1- 7-00 :
Tinklepaugh Surveying Services, Inc.
379 West Michigan Street
Suite 208
Orlando, Florida 32806
(407) 422-0957
TOO-E37
ATTACHMENT "Au
SKETCH OF DESCRIPTION
-- NOT A SURVEY --
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OFFICIAL RECORDS BOOK
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POINT OF COMMENCEMENT
SOUTHERN MOST CORNER OF TRACT 'B'
EASTERLY MOST CORNER OF LOT 23
OAK FOREST UNIT ONE
Tinklepaugh
SURVEYING SERVICES, INC.
.3 79 W. Michigan Street. Suite 208 a Orlando. Florido .32806
! DRAWING No. TOOE37 FILE No. SX-7066
Tele. No. (407) 422-0957 Fax No. (407) 422-6915
LICENSED BUSINESS No. 3778
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HARYAHtu~ !'10RSf. .
'tLERK OF' CIRCUIT COurl!
6~911lt
SEMINOLE COUH T'f, ~ l.
flECOROED & VERifiED
01 Fr.n -5 PH I: 55
'I'hl. In.INnnt propared by
and should be roturned to:
Anthon)' A, OarpneM, EIq.
Brown, Ward, S.17JnIllt" Weill, ".A.
P 0 nOli 2873
Orlando. PI, 3211/)2.2873
OAK FOREST LAKE ACCESS AND MAINTENANCE EASEMENT
THIS EASEMENT is made this It.~ day of J A~uA.l't~ ' 2001, by
MARSHALL E. ALLEN aad ALICE L. ALLIN, husband and wife, vina a mailinS address
of 1065 Winter Sprinp Boulevard, Winter Sprinp, Florida 32708, (hereinafter called "Orantors")
in favor of the CITY OF WINTER SPRINGS, FLORIDA, a Florida Municipal Corporation,
havins a meilins address of J 126 East State Road 434, Winter Sprinp, Florida 32708, (hereinafter
called "Grantee").
WITNESSETH
WHEREAS, Orantors are the sole owners of <:ertain real property located within the City of
Winter Springs; and
WHEREAS, Grantors desire to convey a perpetual easement across a portion of their real
property, as legally described herein, allowins Grantee inaress and earess to Oak Forest Lake for the
sole purpose of controllins the growth of aquatic vegetation; and
WHEREAS, Grantors, as fee simple owners of the easement property, also agree to assist
Grantee, at Grantee's expense, in obtaining any local, state, or federal permits required to maintain
the easement and boat ramp; and
WHEREAS, Grantors and Grantee believe this easement is in the best interest of the City of
Winter Springs, Florida and Marshall E. Allen and Alice L. Allen, husband and wife.
NOW, THEREFORE, in consideration of the enumerated purposes stated herein, and mutual
covenants, terms and conditions and restrictions contained herein, tosether with other sood and
valuable consideration. the receipt and sufficiency of which is acknowledaed, grantors provide as
follows:
CERTIFIED COpy
MARYANNE MORSE:
CLERK OF CIRCUIT COURT
SEMINOLE COUNTY, FLORIDA
~y ~tf?t~
DEPUTY CLERK
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OFFICIAL RECORDS!
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0257
SEMINOl.E CO.,rL
J . Recitals. The foregoing recitals are hereby incorporated herein by this reference.
2. Orant ofEuement. Grantors hereby voluntarily grant and convey to Grantee, successors,
and assips, subject to any previous duly recorded easements or grants of record, access across the
real property described in Exhibit "A" at~l1C',d hereto and made a part hereof, hereinafter the
"Property" of the nature and character and to the extent hereinafter set forth, "Easement."
Grantee shall maintain this Easement and boat ramp at Grantee's expense and shall not
construct, operate, or maintain other improvements, appurtenances or accessories thereon.
3. PUf.P05e of Easement. It is the express purpose of this Easement to provide Grantee
unconditional ingress and egress across the Property for the purposes stated herein.
4. Ripll ot'Grantee. To accomplish the purposes stated above, and at Grantee's expensc,
the following rights are conveyed to the Grantee by this Easement:
a. To use the Property for ingress and egress across the Property for the bencfit of
Grantee and Grantors, and the public interest;
b. To prevent any activity on or use of the Property that is inconsistent with thc
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;
c. To grant nonexclusive easements to any third party for the purposes statcd herein;
d. To cut, trim, and keep clean such trees, brush, and undergrowth on or above
Easement that might hinder or prohibit the use of the Property for the purposes stated
herein;
e. To take any civil action deemed necessary, at the Grantee's sole absolute
discretion and cost, to protect and preserve the Easement granted hereunder.
S. Permits. The parties acknowledge that certain local, state, and federal permits may be
required from time to time for purposes referred to herein. Grantors, as fee simple owners of the
Property, hereby agree to allow Grantee to make application for said permits and also agree to join
in any said permit (as signatory or otherwise), at Orantee' s expense, when required by any permitting
agency for issuance of the permit.
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Of'lel~L ftEC'P'GE
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'~002 0256
SE"'MOLE CO.,FL
6. Easements. Run with the Land. This Easement shall remain a charge apinst the
Property. Therefore, this Easement "shall run with the land" and be automatically assigned by any
deed or other conveyance conveyina a portion of the Property relating to this Easement, even though
conveyance makes no reference to this Easement as such.
7. Attorm;ys' Fees. In the event of any lepl aeta"n arising under this Easement between the
parties, the partie. agree to incur their own attorneys' fees, court costs, and expenses, through all
appellate proceedings.
8. Recordation. Orantee 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 riahts in this Easement.
9. Successors. The covenants, terms, conditions, riabts, and restrictions of this Easement
shall be bindina upon, and inure to the benefit of the parties hereto and their respective personal
representatives, heirs, successors, and aSldgns IInd shall continue as a servitude running with the
Property.
10. Grantors' Representations and Warranties. Grantors hereby agree and make the
tollowing representations and warranties to Grantee;
a. Grantors are lawfully seized of said Property in fee simple and have 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. Grantors shall pay any and all taxes that are levied on the Property, from time to
time, as said taxes and assessments come due.
d. Grantors hereby warrant the title to the Easement granted across the Property and
will defend the same against lawful claims of all persons whomever.
II. Grantors' Riiht to Seek EQuitable Relief. Grantee agrees, acknowledges and recognizes
that any breach of this Easement by Grantee would result in irreparable harm to Grantors, and
accordingly, Grantee agrees that in addition to and not in lieu of all legal and equitable remedies
available to Grantors by reason of such breach, Grantors shall be entitled to equitable relief
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(including, without limitation, specific performance and injunctive relict) to enjoin the occurrence
and continuation of the breach.
12. Qrantee's Ript to Seek EqJ1itable Relief. Grantors agree, acknowledge and recognize
that any breach of this Easement by Grantors would resu" in irreparable harm to Grantee, and
accordingly, Grantors agree that in addition to and not in lieu of all legal and equitable remedies
available to Grantl"~ by reason ofsueh breach, Grantee shall be entitled to equitable relief(including,
without limitation, specific performance and injunctive reliet) to enjoin the occurrence and condition
of the breach.
13. Entire A~lfeement. 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. Tbe Eusement shall be governed by the laws of
Florida.
14. Sovereian Immunitv. Nothing contained in this Eascmentshall 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.
IS. Modifications. This Easement shall only be modified by II written instrument executed
by the parties hereto or any successor, assigns, heirs. or representatives thereto.
16. Grantee's Duty of Noninterference. Grantee agrees not to interfere or allow others to
interfere with Grantors' rights to use the Property. Grantee agrees not to permit or allow the
construction or erection of any building or structure, with the exception of a boat ramp at grade level,
on the Property without prior written consent of the Grantors.
17. Grantors' Duty of Noninterference. Grantors agree not to interfere or allow others to
interfere with Grantee's rights to use the Property as specifically set forth herein. Grantors agree not
to permit or allow the construction or erection of any building or structure on the Property without
prior written consent of the Grantee.
18. Termination. The parties agree that this Easement is intended to be perpetual. In the
event the Grantee determines, at its sole discretion, that it no longer requires the Property for the
purposes described herein, Grantee agrees to execute an appropriate instrument to tem'linate this
Easement.
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19. Grantee'. Use ofProgerty. OrIntee (the tenn OrIntee II used in this Easement shall
include any party authorized by OrIntee to use the Easement for the purpose .tated herein) may use
the Easement for inama and e...... to and from TUlkawilla Road across the Property to Oak Forest
Lake, provided OrIntee his lawful use of Tualcawilla Road and said use does not interfere with
Grantors' use of the Property. OrIntee IhaII be 101ely m;A)nsible for OrIntee's use of the Easement,
and to that extent qreeI to indemnify and hold hlrmlou the OrIntors from and against the full
amount of any claillll, liabUitia, cIamaps, coati and expenses (including reuonable attorneys' fees)
pertaining to any and .U damages, bodily injury (including death), or property damages arising out
of Grantee's use of the Easement.
20. Grantors' Use of Gate. The pIrt1osacknowledge that Grantee has constructed a gate
which abuts the boundary of the Property alO88 Tualcawill. Road for purposes of Grantors' and
Grantee'. ingre.. and egress to and from the Property and 0Ik Forest Lake. Grantors (the term
Grantors II used in this pII'IpIph and pII'III'Iph 21,IhaII include InY party authorized by Grantors
to ingress and egreu the Property) may use the pte for in...... and egress to and from the Property
and Tuskawilla ROId, provided OrIntors have IMYfu1 use ofTuabwilla RoId and said use does not
interfere with OrIntee's use of the gate and Property. OrIntorllhall be IOlely responsible for their
use of the gate, and to that extent Ipee to indemnify and hold hlrmlou the Grantee from and against
the full amount of any claims, liabilities, dInaages, costs and expenses (including reasonable
attorneys' fees) pertaining to any and all dImapa, bodily injury (including death), or property
damages arising out of Grantors' use of the gate.
21. Grantora' AIMIl'UCfl of Acceu. Grantors and Grantee aaree and understand that
Grantors shall have unconditional and perpetua11CCC11 through the pte. Denial of this right by any
entity, including but not limited to the City of Winter Springs, the County of Seminole, the State of
Florida, or the United States Government, would result in irrepuable harm to Grantors, and
accordingly, Grantee qrees that in addition to and not in lieu of alllepl and equitable remedies
available to Grantors by reason of the breach of Grantors' riabts to access the Property, Grantors
shall be entitled to equitable relief(including, without limitation, specific performance and injunctive
relief) to enjoin the occurrence and continuation of the breach.
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'4002 026'
SEMINOLE. CO..n.
IN WITNESS WHEREOF. Grantors and Grantee set their respective hands on the day and
year first above written.
Wllnes..",:
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Print Name: ,. KttII'/1y
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Print Name: \:\~N"\.:~ \':{. L-..~\..A.~(
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MARSHALL E. ALLEN. Grantor
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ALICE L. ALLEN. Grantor
STATE OF FLORIDA
COUNTY OF SEMINOLE
The foregoing instrument was aclmowledaed and sworn to before me this 3oi'day of
~..., .J Ai\... .2 1. by ARSHALL E. ALLEN. '-who is personally known to me or~
who has pr ced r;[) . for identification.
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STATE OF FLORIDA
Notary - y 0
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t.~.""~CC174'
~..:.v........... '0, 2002
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0263
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'4002'
'. SEMINOI.E CO.,F\.
Sheet 1
See Sketch ofDelcription
Included u Attachment · A.
DE8CRIP'l10N
A portion otTract tl8., Oak Porut Unit One u recorded in Plat Book 22, PII' 83 of the Public,
Records ofSemiaole County, PIorida, beiDa more particularly described u foUows:
A twtaty (20) foot wide...... beiDa till (10) reet on either lido of the foUowias deIcribed 1iDeI:
Commeace It the Southern molt comer of IIid Tnet .8. Aid comer IIJo being the Buterly IIIOIt
comer of Lot 23, ofllid Plat of'Oak PGnlIt Ullit One; thence lions the wlltel'ly lUpt-of'-Way or
TuIcIwWI-OuleI1 RoM IIICI the.." of' a ClUIW concave NorthweIterty bavina . radius of'1556.02
feet, hID. .......... of'N 39-ocrI5. B dIIouP . central....' of'04 -15'36. lor a diItInoe of
115.69 feet to the Point of''''~ tbenoe N SO-03'1.,. W for a diltlnCe of' 15.07 feet to Point
.A.; theace coadauIaa N SO-03'I.,. W for a..ance of 11.59 feet; thence N 31.5na. W lor.
diItInCe ot75.00 &It to the point of'ter'minItIM. Tbence return to Point · A. and NIl N 39.56'43.
B for a diltlDCe of'30.oo feet to the pointoftenNallion.
Prepared by:
TiDkIepIuab &ne.YiDI ServioeI.Ino.
379 Will Mlobipa StnIet
Suite 201
0rIIDd0. PIorida 32806
(407) 422-4957
TOO-837
This cIeIcriptioo IDlI tho IOCIGIIIpIIlJia Ibtab or
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StlDdlrdlIIt bth iD CIIIpeer 61017, PAc., .......
toOlpten 177 ... 472, PIodlII........ uaa. it...
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orDllp.'" WA~....- ClIIlJ IIIll II DDt valid.
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ARnnJR" ~. WCICIlR, P .L.S. r. 4381
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ATTACHMENT .A.
SKETCH OF DESCRIP.TION
. .. NOT A SURVEY..
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02
4002
Sl"'KOLE CO.,f\.
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ABBREVIATION LISTING
O.R.e.. OFFICIAL RECORDS 8001<
PO. . PME
P.r.. ,. PlAT lOOK
P.C.. POINT or CURVATURE
P;T.. POINT or TANOENCY
P.C.C. · POINT Of' COMPOUND CURVATURE
P.R.C. . POINT OF REVERSE CURVATURE
o . DELTA or CENTRAl. ANGlE
A . DELTA or CENTRAl. ANCLE
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POINT OF COMMENCEMENT
SOUTHERN MOST CORNER or TRACT 'B"
EASTERLY 'MOST CORNER or LOT 23
OAK raREST UNIT ONE'
Tlnklepaugh
SURVEYING SERVICES. 'NC.
379 w, M1chl9an Slreel, Sulle 2011 . Orlando. F'loIido 32806
TClle, No. (401) 422-0lI$'7 'u No (40'1') 422-0In$
UCEIIS&D OUSINF.SS No :In
DRAWING No. TOOEJ7 FILE No. SX-7066
1065 Winter Springs Boulevard
Winter Springs. FL 32708
(407) 699-5402
Ms. Kimberley Hall. E.I
Stormwater Utility Manager
City of Winter Springs
1126 East State Road 434
Winter Springs. FL 32708
Apr i 1 11 t.h. 2001.
Dea r Ms. Ha 11 :
RF: Oak Forest Lake Easement
In a letter to you dated September 22nd. 2000. our attorney. Mr. James
A. Barks. advised you that my wife and I were agreeable to granting
the City an easement to Oak Forest Lake under the following conditions:
I. The City have a surveyor provide a legal description of the
easement area. t.O include a "turn around" area for maneuvering a
vehicle and boat trailer as shown on an attached sketch.
2. The City execute the Easement for us to access our
through the gate in the wall.
propert.y
3. The
services
City to pay attorneys fees to Mr. Barks office for his
in an amount expected not to exceed $500.00.
4. The City to pay for recording the Easement.
We had a meeting of t.he minds with the City in January.. The Cit.y was
to have the Fasf'~ment. recorded and reimburse us the $3~')0.00 we paid to
Mr. Barks for his services. At the time the City was provided the
final copy of the Easement. a copy of the statement from Mr. Barks'
office, indicating the fee of $350.00 had been paid by the AlIens. was
incluoed.
Tn checking Seminole County Public Records this date. I discovered that
~he Easement was recorded In official Record Rook 4002, Page 0256, on
February 1st. 2001.
As of this date. we have not received a copy of the recorded Easement
nor have we received reimbursement in the amount of $350.00.
T trust we will be provided a copy of the recorded Easement and a check
1n an amount of $350.00 within the next few days.
Thank you for your cooperation in this matter.
Very truly yours,
~&~len
cc:
v6omm1ss1oner David McLeod
City Manager Ronald McLemore