HomeMy WebLinkAboutCourtney Springs-Easement Agreement Partially Executed- 1999 11 06THIS INSTRUMENT PREPARED BY
AND SHOULD BE RETURNED TO:
Daniel T. O'Keefe, Esquire
Shutts & Bowen LLP
20 N. Orange Ave., Ste. 1000
Orlando, FL 32801
Parcel I.D. #: a Portion of 31-20-31-SBB-0000-019A
EASEMENT AGREEMENT
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THIS EASEMENT is made this day of , 1999, by The City of Winter
Springs, Florida, a municipal corporation duly created and existing under and by virtue of the laws
of the State of Florida, whose address is 1126 East S.R. 434, Winter Springs, Florida 32708,
hereinafter referred to as the "City" in favor of Courtney Springs Limited Partnership, a Florida
limited partnership, whose address is 250 International Parkway, Suite 220, Heathrow, Florida 32746
hereinafter referred to as "Grantee."
(Wherever used herein, the terms "City and "Grantee" shall include all the parties to
this instrument and the heirs, legal representatives and assigns of individuals, and the
successors and assigns ofcorporations,partnerships (including joint ventures), public
bodies and quasi-public bodies)
WITNESSETH:
WHEREAS, City is the owner of certain lands described as:
See Exhibit "A" attached hereto and made a part hereof (the "Easement Area"); and
WHEREAS, Grantee is the owner of certain lands described as:
See Exhibit "B" attached hereto and made a part hereof (the "Benefitted Property")
NOW, THEREFORE, for and in consideration of the sum of Ten Dollars ($10.00) and other
valuable considerations in hand paid to the City by the Grantee, the receipt and sufficiency of which
is hereby acknowledged, the City does hereby grant, bargain, sell, convey and warrant to the
Grantee, its successors and assigns forever, anon-exclusive easement and right-of--way for utility
purposes, with full authority to enter upon, excavate, construct and maintain, as the Grantee and its
assigns deem reasonably necessary, water pipes, storm water pipes, and any other necessary related
facilities, other than swales, over, under, and upon the Easement Area, subj ect to the following terms
and conditions: RECEIVE L
N O V 0 8 1999
CITY OF WINTER SPRINGS
CITY ENGINEER
1. Use. City agrees not to build, construct or create, or permit others to build, construct or
create any structures on the Easement Area that interfere with the location, excavation,
operation or maintenance of the utilities, or any facilities installed thereon unless Grantee
agrees to allow City to relocate the utilities at City's expense. The City does hereby
covenant with the Grantee that it is lawfully seized and possessed of the real estate above
described, that it has a good and lawful right to convey the said easement and that it is free
from all liens and encumbrances, except for matters of public record as of the date hereof.
The City reserves the non-exclusive right to utilize the proposed water pipes, storm water
pipes, and related facilities, provided such use does not in any way interfere with or increase
the cost of Grantee's use thereof. Upon completion of the city fire station on the property
adjacent to the Easement Area, and provided that the City's use does not in any way interfere
with or increase the cost of Grantee's use thereof, City retains the non-exclusive right to
utilize the proposed water pipes, storm water pipes and related facilities, as well as the right
to utilize Grantee's existing 2.6 acre retention area at the east end of the Easement Area for
stormwater retention. Nothing herein shall be construed as prohibiting the City from using
the Easement Area in any manner whatsoever, including, but not limited to, use as a
municipal fire station site, provided said use does not interfere with Grantee's use allowed
under this Easement Agreement.
2. Liability and Indemnification. Grantee shall indemnify and hold City harmless, except for
loss or damage resulting from the negligent or wilful acts of City from and against any
damages, liability, claims and expenses, including reasonable attorney's fees, whether before
trial, at trial or on appeal, in connection with the loss of life, personal injury and/or damaged
property arising from or occasioned wholly or in part by any negligent or wilful act or
omission of Grantee or its permittees with respect to its use of the Easement Area.
3. Applicable Law. This Easement Agreement shall be construed in accordance with the laws
of the State of Florida and may not be amended other than by written agreement executed
by the parties hereto, their successors or assigns.
4. Term. All rights and obligations created hereby shall be perpetual induration and shall run
with the title of the properties benefitted or burdened thereby.
5. Binding Effect and Transfers. This Easement Agreement and the rights, duties and
obligations created hereby shall be binding upon and inure to the benefit of Grantor and
Grantee and their respective successors and assigns as owners of any of the lands benefitted
or burdened by the terms hereof, and shall be a covenant running with the title to the land
herein described. Any transferee of any part of the lands described herein shall automatically
be deemed, by acceptance of the title to any portion thereof, to have assumed all obligations
of this Easement Agreement relating thereto, and the transferor shall, upon the completion
of such transfer, be relieved of all further liability under this Easement Agreement.
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6. Severabilitv. If any provision of this Easement Agreement, a portion thereof, or the
application thereof to any person or circumstances, shall be held invalid, inoperative or
unenforceable, the remainder of this Easement Agreement, or the application of such
provisions or portion thereof to any other person or circumstances, shall not be affected
thereby; it shall not be deemed that any such invalid provision affects the consideration of
this Easement Agreement; and each provision of this Easement Agreement shall be valid and
enforceable to the fullest extent permitted by law.
7. Enforcement. City and Grantee hereby covenant and agree that this Easement Agreement
is specifically enforceable because monetary damages would be insufficient to redress the
denial of such easements.
8. Remedies. Each party shall have all remedies available at law or in equity, including the
right of specific performance and/or injunctive relief, to enforce their respective rights under
this Easement Agreement. All rights and remedies provided herein or otherwise existing at
law or in equity shall be cumulative, and the exercise of one or more rights or remedies by
either party shall not preclude or waive its right to the exercise of any or all other rights.
9. Attorney's Fees. In the event of litigation arising from the effort of either City or Grantee
to enforce the provisions of this Easement Agreement, the prevailing party shall be entitled
to recover from the nonprevailing party, its reasonable attorneys' fees and costs, whether at
trial or on appeal, as well as costs incurred in any post judgment proceedings.
10. Counterparts. This Easement Agreement maybe executed in any number of counterparts,
each ofwhich, when executed and delivered, shall be deemed an original, but all counterparts
shall together constitute one and the same instrument.
IN WITNESS WHEREOF, City and Grantee have set their hand and seal as of the day and
year first written above.
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SIGNED, SEALED, AND DELIVERED IN
THE PRESENCE OF:
Signed, sealed and delivered in our presence
as witnesses:
CITY OF WINTER SPRINGS
Signature:
Printed Name:
Signature:
Printed Name:
STATE OF FLORIDA
COUNTY OF SEMINOLE
Signature:
Printed Name: Paul P. Partyka
Title: Mayor
The foregoing instrument was acknowledged before me this _ day of ,1999,
by Paul P. Partyka, Mayor of the City of Winter Springs, who is personally known to me and did not
take an oath.
{Notary Seal must be affixed}
Signature of Notary
Name of Notary (Typed, Printed or Stamped)
Commission Number (if not legible on seal):
My Commission Expires (if not legible on seal):
Approved as to form and content:
City Attorney
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Signed, sealed and delivered in our presence
as witnesses:
Signature:~~~;.~~~.L.~. ~~1 <5.~~~.~5.~__
Printed Name:<',~1,,,~ ~ti~ __ ~ w , ~ `A:4 ` ~~ J
Signature: ~ ~L ~
Printed Name: S u z U ~ r~Q ~~ ~ c ~~
GRANTEE:
Courtney Springs Limited Partnership, a
Florida limited partnership
By: Courtney Springs Development, Inc.,
a Florida corporation, its general
partner
gy: ~~ ~ ~~
ure ~%
John A. Schaffer
Secretary/Treasurer
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Gr ,,
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STATE OF FLORIDA
COUNTY OF SEMINOLE
The foregoing instrument was acknowledged before me this ~ day of ~ti, ~ << ,~'~, .~~. ,1999,
by John A. Schaffer, Secretary/Treasurer of Courtney Springs Development, Inc., who is personally
known to me.
{Notary Seal must be affixed}
Signature of Not
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~'-.,Comn-- AAu~~ 1T 2001
ORL95 129849.2 - CEJ
Name of Notary (Typed, Printed or Stamped)
Commission Number (if not legible on seal):
My Commission Expires (if not legible on seal):
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SHEET / OF 2
SEE SHEET 2 OF 2 FOR LEGAL DESCR/PT/ON
b EXHIBIT "A"
p+OrNr of
G~OMMENCEMENT
NORTHEAST CORNER.
CREEKS RUN
- - - -
- - - - - -
~ STATE ROAD 434
a ; R/GHT-0F-WAY MAP SECT/ON 77070-25/7 f130' R/GHT-OF-WAYJ
~ ~ ~ sol.rn r/pnt-ot-woy nne 589' ~ 07'E
r ~ _ i ~ SB9'49'07'E /95.33' +-~ S89'~9'07'E ~.~~
N0070'S3'E S007i0'S3"IM ~_
Jc ,~ I i5~ POrINT OF SAO'
y ~ y ~ I I l5' X 35' F.DA.T. BE~'a/NN/NG 0.023 ACRES •/- a q~j
(~~~ PA I I ORaNAGE EASEMENT ~ "~
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9 I ~- N89'~9'l5'W 69.50' rn
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LEGEND
PB -PLAT BOOK
PG. -PAGE
F.D.O.T -FLORIDA DEPARTMENT
OF TRANSPORTAT/ON
NOTEr
BEAR/NG STRUCTURE BASED ON THE SOUTH RIGHT-0F-WAY
UNE OF STATE ROAD 434. BEING SB9'49'07•E.
SKETCH OF DESCR/PT/ON ONLY. TH/S /S NOT A SURVEY.
SEM/NOLE FLOR/DA
COiJNTY
ORA/NAGE
EASEMENT
CERT/F/GATE OF AUTHORIZATION NO. LB /22l
l HEREBY CERTIFY THAT TH/5 SKETCH OF
DESCRIPTION IS l/y RDANCE W/TH THE
'M/N/MUM TECH~~VVdC7a(. 51"gNO~IjDS' AS REOU/RED
BY CHAPTER,6'nS/t,~ •F:AC:.; ~?
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SANOR~F+,V. B~ ~ PSd/. ~, •
UCENSQ` N,{JMBER ` L5.4312
i ; ,
NDT VAUO W?NDUT THf~ BXiNATURE AND THE ORNTINAL
RNSED SEAL OF A FlDR/DA'LACENSED SURVEI'OR AND MMPER
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~{ ASSOCIATES, INCORPORATED
tNO1Nt[IIINO • -IANNMO • LIUAVE~IN6 • [NVIIIONMENiAI
520 SOUTH MAGNOLIA AVENUE
ORLANDO, FLORIDA 32801
C407) 843-5120
7//9/99 TU54SKB.00/
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DRA/N.DOC
I~ .
SHEET 2 OF 2
LEGAL DESCRIPTION
DRAINAGE EASEMENT
A PARCEL OF LAND LYING IN SECTION 5, TOWNSHIP 21 SOUTH, RANGE 31
EAST, SEMINOLE COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED
AS FOLLOWS:
COMMENCING AT THE NORTHEAST CORNER OF CREEKS RUN, AS RECORDED IN
PLAT BOOK 53, PAGES 1-3, PUBLIC RECORDS OF SEMINOLE COUNTY,
FLORIDA, SAID POINT ALSO BEING ON THE SOUTH RIGHT-OF-WAY LINE OF
STATE ROAD 434, PER RIGHT-OF-WAY MAP SECTION 77070-2517; THENCE
RUN S89°49'07"E, ALONG THE SOUTHERLY RIGHT-OF-WAY LINE OF SAID
STATE ROAD 434, A DISTANCE OF 195.33 FEET FOR A POINT OF
BEGINNING; THENCE CONTINUE S89°49'07"E, A DISTANCE OF 60.00 FEET;
THENCE, RUN SOO°10'53"W, A DISTANCE OF 5.00 FEET; THENCE
S89°49'07"E, A DISTANCE OF 7.63 FEET; THENCE DEPARTING SAID RIGHT-
OF-WAY LINE, RUN S10°23'19"E, A DISTANCE OF 10.17 FEET; THENCE
N89°49'15"W, A DISTANCE OF 69.50 FEET; THENCE NOO°10'53"E, A
DISTANCE OF 15.00 FEET TO THE POINT OF BEGINNING.
CONTAINING 986 SQUARE FEET AND/OR 0.023 ACRES, MORE OR LESS.
s/cc / t,~r/ Ur UtSGI'-~/PT/ON ONLr. THIS /S NOT A SURVEY.
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~L ASSOCIATES, INCORPORATED
ENCINEEIIINO • -LANNNW fYIWEVINO • ENVI~ONMENEAI
520 SOUTH MAGNOLIA AVENUE
ORLANDO, FLORIDA 32801
(407) 843-5120
SEM/NOLE FLOR/DA
COUNTY
ORA/NAGE
EASEMENT
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Exhibit "B"
Lot 1, Tuscawilla Tract 15 Parcel 1-C, as recorded in Plat Book 56, Page 30, Public Records of
Seminole County, Florida