HomeMy WebLinkAboutMeadowbrook Winter Springs, LLC-Easement Agreement- 2003 04 24
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MARYANNE MORSE, CLERK OF CIRCUIT COURT
SEMINOLE COUNTY
BK 04807 PG 1187
CLERK'S # 2003075017
RECORDED 05/06/2003 11:17:58 AM
RECORDING FEES 33.00
RECORDED BY 6 Harford
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Prepared by and return to:
Jeffrey P. Buak, Esquire
Brown, Salzman, Weiss & Garganese, P.A.
P.O. Box 2873
Orlando, FL 32802-2873
. Parcel 10 No. 26-20-30-5AR-OOOO-0560
S.R. 434 LANDSCAPE BEAUTIFICATION EASEMENT
THIS EASEMENT, made this day of , 2003 by
MEADOWBROOK WINTER SPRINGS, L.L.C., whose mailing address is 8390 Championsgate
Blvd, Suite 200, Champions gate, FL 33896 (hereinafter called "Grantor") in favor of the CITY
OF WINTER SPRINGS, FLORIDA, a Florida Municipal Corporation, whose mailing address is
1126 East State Road 434, Winter Springs, FI 32708 (hereinafter called "Grantee").
WITNESSETH
WHEREAS, Grantor is the sole owner of certain real property located within the City of
Winter Springs along S.R. 434; and
WHEREAS, Grantee is planning to construct and maintain a landscape beautification
project along S.R. 434 within the City of Winter Springs; and
WHEREAS, Grantor desires to convey ~a perpetual easement over, under, and across a
portion of its real property, as legally described herein, for purposes of allowing Grantee to
construct, operate and maintain landscaping and irrigation improvements and other incidental
appurtenances and accessories thereto along S.R. 434; 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 construct said improvements
and any other incidental appurtenances and accessories thereto: and
NOW, THEREFORE, in consideration of the 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, Grantor
provides as follows:
1)
2)
Recitals. The foregoing recitals are hereby incorporated herein by this reference.
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 landscape improvements and maintenance easement over,
under, and across the parcels of real property described on Exhibit "A", which is
attached hereto and incorporated herein by this reference (hereinafter the
"Property") of the nature and character and to the extent hereinafter set forth. The
005.288834.1
Page 1 of6
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FILE NUM 2003075017
OR BOOK 04807 PAGE 1188
granting of this Easement will not affect the front, side, and rear setbacks
applicable to the Property pursuant to the City of Winter Springs Code. If the
Property is undeveloped at the time this Easement is granted, Grantor shall be
allowed to permit and construct, through the easement area, a standard driveway
for ingress and egress to the Property in accordance with applicable law.
3) Purpose of Easement. This easement is granted for the express purpose of
allowing Grantee to use the Property to construct and maintain landscape
improvements over, under, and across the Property, including, but not limited to,
landscaping, irrigation systems, and any other incidental appurtenances and
accessories thereto. It is also the express purpose of this easement to provide
Grantee unconditional ingress and egress to, over, under and from the Property for
the purposes stated herein.
4) Riehts 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 to construct, operate, and maintain improvements
over, under, and across the Property including, but not limited to, trees,
shrubs, flowers, ground cover (mulch, rocks, grass, etc.), irrigation
systems and any other incidental landscaping appurtenances and
accessories thereto;
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 or
features of the Property that may be damaged by an inconsistent activity or
use;
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c) To use this easement for ingress and egress to the defined improvements;
d) To cut, trim, and keep clear such trees, brush, and undergrowth that might
hinder or prohibit the use of the Property for the purposes set forth herein;
and
e) To take any civil action deemed necessary, at the Grantee's sole and
absolute discretion, 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 of constructing, operating, and
maintaining the improvements and other incidental appurtenances and accessory
structures referred to herein. Grantor as fee simple owner of the Property, hereby
agrees to allow Grantee 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
005.288834.1
Page 2 of6
FILE NUM 2003075017
OR BOOK 04807 PAGE 1189
any) related to the construction, operation, and maintenance of the improvements
and other incidental appurtenances and accessories thereto.
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 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) Attorney's Fees. In the event of any legal action arising under this easement
between the parties, each party shall bear their own attorney's fees, 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 in this easement.
9) 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.
10) Grantors Representations and Warranties. Grantor hereby agrees and makes
the following representations and warranties to Grantee:
a) 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
govennnent 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. The Improvements
contemplated to be made on this easement are for a Public purpose and
therefore not considered as being subject to taxation. If said public
improvements are assessed taxes, Grantee will be responsible for the
payment oftaxes attributed specifically to the public improvements.
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.
11) Grantee's Ri2ht 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 accordingly, Grantor agrees that in addition to and not in
005.288834.1
Page 3 of6
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FILE NUM 2003075017
OR BOOK 04807 PAGE 1190
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.
12) Entire A2reement. This 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 easement shall be governed by the laws of Florida.
13) Soverei2n Immunitv. 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 .
14) Modifications. This easement shall only be modified by a written instrument
executed by the parties hereto or any successor, assigns heirs, or representatives
thereto.
15) Grantors Dutv of Noninterference. Grantor agrees not to interfere or allow
others under Grantor's control 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.
16) 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 improvements described herein, Grantee, at
Grantor's written request, agrees to execute an appropriate written instrument to
terminate this easement. Upon termination of the easement by the Grantee,
Grantee, upon request made within five (5) days of termination by Grantor, will
remove the improvements and restore the Property to its original condition, less
reasonable wear and tear.
17) Reciprocal Indemnification. To the extent permitted by law, each party hereto
agrees to indemnify and hold harmless the other party hereto and the other party's
employees and officers from and against all claims, losses, damages, personal
injuries (including but not limited to death), or liability (including reasonable
attorney's fees through all appeals), directly or indirectly arising from, or out of
the indemnifying party's acts, errors, or omissions, intentional or otherwise,
resulting from this easement and Agreement.
005.288834.1
Page 4 of6
FILE NUM 2003075017
OR BOOK 04807 PAGE 1191
IN WITNESS WHEREOF, Grantor and Grantee set their respective hands on the day
and year above written.
Witnesses:
Print Name:k~t (d~e.-~
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PrintName:~~bl~r-n[l~~
GRANTOR:
MEADOWBROOK WINTER SPRINGS,
LLC, a Delaware limited liability company
By:
Name:
Title:
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GRANTEE:
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CITY OF WINTE.R''S&RING~~\'aI,Florida
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STATE OF FLORIDA
COUNTY OF c:6e-€' 0 La
~he foregoin~nstrument was acknowle~ed befqre me this c)./ day of April, 2003,
by r /ToN t; ~ck..sa I) , as Pte~slderrf of Meadowbrook
Winter Springs, LLC, a Delaware limited liablIity company, on behalf of the company. fu/She
is personally kno~ to me or has produced as IdentIhcatlOn.
~.~ 'SMA L~y
.m~ : :~ MY ~MISSION # CC 871607
, . . ~ EXPIR~: Jal)JJa/Y 15. 2004
',~,r,i. Bonded ThriI NolIry fiWl/jc IJndeIwriters
005.288834.1
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NOTARY PUBLIC ~
Name: ~~ ~. ~/; 01
Serial #: /
My Commission Expires: (II S--1'2Ceej
Page 5 of6
FILE NUM 2003075017
OR BOOK 04807 PAGE 1192
"
STATE OF FLORIDA
COUNTY OF SEMINOLE
The foregoing instrument was acknowledged and sworn to before me this..)..~ay of
.JJP{lJ~ 2003 by RONALD W. McLEMORE, City Manager ofthe City of Winter Springs Florida
'8-wti01s personally known to me 0 or who has roduced as
identification.
Q) ANDREA LORENlO-LUACES
MY COMMISSION # CC 6319 1
EXPiRES: May 9, 2003
1-800-3-NOTARY F;a. !\!otn;y Smvioo 3< Bonding Co.
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Page 6 of6
005.288834.1
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FILE NUM 2003075017
OR BOOK 04807 PAGE 1193
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Exhibit A
The southerly ten (10) feet of the following described property
(which 10 feet are adjacent and parallel to the northerly right-of-
way line of Longwood-Wagner Road, alkJa State Road 434, in
Winter Springs, Florida):
The East 300 feet of Lot 56, Block D, D. R. MITCHELLS
SURVEY of The Levy Grant, as recorded in Plat Book 1, Page 5,
Public Records Seminole County, Florida, lying north of
Longwood- Wagner Road.
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005.288833.1
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BROWN, SALZMAN, WEISS & GARGANESE, P.A.
Attorneys at Law
Usher L. Brown + Offices in Orlando, Kissimmee,
Suzanne D'AgrestaO Cocoa & Viera
Anthony A. GarganeseO
Gary S. Salzmano
John H. Ward +
Jeffrey S. Weiss
+Board Certified Civil Trial Lawyer
oBoard Certified Business litigation Lawyer
oBoard Certified City, County & Local Government Law
Debra S. Babb-Nutcher
Jeffrey P. Buak
John U. Biedenharn, Jr.
Joseph E. Blitch
Michelle H. Brett
Douglas Lambert
Jennifer A. Michael
Michelle A. Reddin
Vincent E. Scarlatos
May 15, 2003
Erin J. O'Leary
RECiiVIID
MAV 1 9 2003
C\'NOf~ta~~
errl~
Andrea Lorenzo-Luaces, CMC
City of Winter Springs
1126 East State Road 434
Winter Springs, FL 32708
Re: Recorded Easement and Development Agreement
Meadowbrook Winter Springs, LLC
Our Client: City of Winter Springs - Land Development
Our File No.: 315-019
Dear Andrea:
Please find enclosed herewith, for your records and safe keeping, the original "S.R.
434 Landscape Beautification Easement" and "First Amendment To Development
Agreement Dated October 11,1999", with Meadowbrook Winter Springs, LLC.
If you have any questions regarding this matter, please do not hesitate to contact
our offices.
Enclosures: Originals (2)
Very truly YOp i1uJ /p
!1t1ak
Assistant City Attorney
DICTATED, BUT NOT READ
MAilED IN MY ABSENCE TO AVOID DELAY
181 JEFfR~V iQUAK
JPB/jd
F:\Docs\Clty of. Winter Springs\Meadowbrook Winter Springs Golf
Club\Correspondence\Lorenzo_Luaces_ Orginal_Recorded_Agreement_Ltr051503.wpd
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225 East Robinson Street, Suite 660 . P.O. Box 2873 . Orlando, Florida 32802-2873
Orlando (407) 425-9566 Fax (407) 425-9596' Kissimmee (321) 402-0144' Cocoa & Viera (866) 425-9566
Website: www.orlandolaw.net . Email: firm@orlandolaw.net
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