HomeMy WebLinkAboutBlumberg, Lewis and Juanita D. Public Utility Easement -2001 03 28
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MARYANNe: 1"WRSE SEt11NOLE COUNi Y. FL
, CLERK OF CIHCUIT COURT RECOROED & VERIFIED
.,
675761 01 APR -9 PM 12: 46
Prepared by and return to:
Brown, Ward, Salzman & Weiss, P.A.
Attn: Anthony A. Garganese, Esquire
III N. Orange Avenue, Suite 875
Orlando, Florida 32801
PUBLIC UTILITY EASEMENT
This Grant of Public Utility Easement is made this :21t~ day of /119 rch 2001, by
LEWIS BLUMBERG and JUANITA D. BLUMBERG (hereinafter called "Grantor"), in favor of
the CITY OF WINTER SPRINGS, FLORIDA, a Florida Municipal Corporation ("Grantee").
WITNESSETH:
WHEREAS, Grantor is the sole owner in fee simple of certain real property in the City of
Winter Springs, Seminole County, Florida; and
WHEREAS, Grantee is aggregating lands situated on and around Grantor's property for
purposes of creating a network of parks and roadways for the City of Winter Springs Town Center; and
WHEREAS, this Easement is necessary to provide for the adequate public utilities needed to _
service the property which will become City of Winter Springs, Town Center; more specifically to ~ <:0
provide for water, sewer, and drainage utilities; and ::>0
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WHEREAS, Grantor desires to convey a public utility easement over, under, and across th~ r-
property, which is subject to this Easement for purposes of allowing the public to use said propertB'or :;0
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the purposes stated herein and under the terms and conditions of this Easement; and ~ ~ ("')
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WHEREAS, Grantor and Grantee believe that this public utility easement is in the best interests(:'~
of the public health, safety, and welfare of the citizens of the City of Winter Springs and Seminole
County.
NOW, THEREFORE, in consideration of the enumerated public purposes 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 acknowledged, Grantor provides as
follows:
1. Grant of Easement.. Grantor hereby voluntarily grants and conveys to Grantee, its successors
and assigns, on behalf of the public, a nonexclusive and perpetual public utility easement over,
under, and across the real property described in Exhibit "A," which is attached hereto and fully
incorporated herein by this reference ("Easement Property"), of the nature and character and to
the extent hereinafter set forth ("Easement"). Grantee shall have the right to survey the
Easement Property at Grantee's expense and the surveyed legal description shall be incorporated
as Exhibit "A".
2. Purpose of Easement. This public utility easement is granted for the express purpose of
allowing the Grantee to install, operate, and maintain public utilities over, under and across the
Easement Property to provide for water, sewer and drainage for the City of Winter ..Springs,
$ ;2(.) 1- r
DOCU;"~f1tIHY Tat. Pd. .
Page I of 4 1> ,--,'-'-'-- Intangible Tax Pdo
\/Iioryan.v: MorliC. Clerk Semlnotll
OFFICIAL RECO~O~E
eOO\.( . A -
h045 0891
Town Center. SEHIHOLE CO..fL
3. Rights of Grantee. To accomplish the public purpose stated above, the following rights are
conveyed to Grantee by this Easement for the benefit of the public and may, at the Grantee's sole
and absolute discretion and expense, be exercised at any time during the term of this Easement:
a. To have the nonexclusive and perpetual use of the Easement Property to install, operate,
and maintain public utilities to provide for water, sewer, and drainage;
b. To prevent any activity on or use of the Easement Property that is inconsistent with the
purpose of this Easement, and to require the restoration of areas or features of the
Easement Property that may be damaged by an inconsistent activity or use;
c. To use this Easement for ingress and egress over, upon, and through the Easement
Property for the repair and maintenance of the utilities;
d. To cut, trim, and keep clean such trees, brush, and undergrowth that might hinder or
prohibit Grantee's and the pubic's use of the Easement Property;
e. To maintain, inspect,. replace, repair, improve the Easement Property consistent with the
purposes set forth herein;
f To maintain, inspect, improve, replace, or repair the landscaping on the Easement
Property.
4. Maintenance. Grantee shall bear the cost and responsibility to maintain the Easement Property
and any improvements made by Grantee therein in a safe condition.
5. Public Use. Grantor agrees that the Easement Property and any improvements made and
equipment installed by Grantee thereon shall be dedicated for public use under the terms and
conditions of this Easement.
6. Duty Not to Overburden Easement. Grantor and Grantee agree that they, individually
and/or jointly, shall not surcharge or overburden the Easement and the use of the Easement
Property as provided hereunder.
7. Remedies For Default The parties agree that, in the event of default, there may not be
an adequate remedy at law and, therefore, the aggrieved party shall be entitled to seek injunctive
relief, including a mandatory injunction.
8. Easements Run with the Land. . This Easement shall remain a charge against the Easement
Property. Therefore, this Easement shall "run with the land" and be automatically assigned by
any deed or other conveyance conveying a portion of the Easement Property relating to this
Easement, even though the conveyance makes no reference to this Easement as such.
9. Attorneys' Fees. In the event of any legal action arising under this Easement between the
Page 2 of 4
OFFICIAL RECORDS
8Q'J~r c>/:,GE
I~ 046 0898
parties, the parties agree that the prevailing paI1y, to~~~I~htBrtfJided by law, shall be entitled
to attorneys' fees, paralegal fees, court costs and expenses, through all appellate proceedings.
10. 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.
II. 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 in
perpetuity with the Easement Property.
12. Grantee's Rh~ht to Terminate. Grantee shall have the right to terminate this Easement by
written recorded notice of termination, at its sole and absolute discretion, if Grantee determines
there is no longer a public need for this Easement.
13. Sewer Connection. In consideration of Grantor granting this Easement, Grantee agrees that
Grantor may connect to Grantee's sewer line installed on the Easement Property. Grantor shall
not be liable to pay the sewer connection chargeimposed by Grantee for the connection of their
existing single-family residence. However, Grantor shall be solely responsible for the installation
and payment of any infrastructure (including pump station) required to connect Grantor's house
to the sewer line. Grantor's installation shall first be approved by Grantee subject to Grantee's
sewer connection guidelines. Grantor shall comply with all of Grantee's policies, whether
written or otherwise, regarding the connection to, and use of, Grantee's sewer system. Grantee
shall have the right to inspect any and all sewer lines and appurtenances installed by Grantor to
connect to Grantee's sewer system. Grantor agrees to pay any and all sewer fees, charges,
assessments, and other costs adopted by Grantee which directly or indirectly relate to the
connection to, and use of, Grantee's sewer system.
"""''''''
IN WITNESS WHEREOF, Grantor and Grantee have set forth t~~'slgnatuvnm) lR.t? day and
year written below.. .;-- ~~~""'.""".'O~ '.'1
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WITNESSES: - " ~ "5 '~ ,,;..
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prtName:~<l.h l, (TlUe7f'iE By: Paul P. Partyka, Mayor.,., ' .:>--
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Print Name: -..4:.~I~ 14k...>.tJ):D- ~c..CJ
Page 3 of 4
OFFICIAL RECORDS
Bon" ?AGE
4046 0899
STATE OF FLORIDA SEMINOLE CO..Fl
COUNTY OF SEMINOLE
/ LIJ/
The foregoing instrument was acknowledged before me this d 8'i? day ofLil '
2001, by PAUL P. PARTYKA, as Mayor, on behalf of the City of Winter Springs,' ho is/is not
personally known to me, or has produced 'I , . lS~\Cation.
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c. I~ bol2 ...~ C ~r.t I~ J ~ c....., Tn-J
Print Name: ~ 6~ ~ L
v./ ..'6'- Sylvfa P Denson
* if *My Commission CC870502
...., ...... Expires November 6, 2003
STATE OF F~ '. ""
COUNTY OF .' 't.i-/lIL/ ,"_
The foregoing instrument was acknowledged before me this .f), ~ day oF;/)Izi(J' ~, ,
2001, by LEWIS BLUMBERG, who is/is not personally known to me, or has produced
as identification_ rr;-
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Print Name: K;, -1011 Lcic - rr ANITA D. BLUMBERG
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Print Name: C. ~-- - .~
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STATE OF FLO A' _
COUNTY 0 /-:/ //lti-LC
The foregoing instrument was acknowledged before me this ~ day of'1f~d(.~ ,
II 200~, by, JUANJ.-TA D. B.LU~BE~G, who is/is not personally kn 0 me, or h s produced
,j).( Ii /1.5 FIJlI 1// ~-;;'t"d as IdentificatIOn. ,f,' '
\:J~ l (
o ARY PUBLIC
,.., " Sylvia P Denson
:iiW *My Commission CC870502
Page 4 of 4 .......A...... Expires November 6,2003
OFFICIAL RECORDS
j 80r:" "),\GE
4046 0900
SEMINOLE CO..FL
Sheet 1
See Sketch of Description
Included as Attachment" A"
15' WATER, SEWER AND DRAINAGE EASEMENT
DESCRIPTION
That part of Lot 28 and the Unnumbered Lot, Block "B", n.R. MITCHELL'S SURVEY OF THE
LEVY GRANT ON LAKE JESSUP as recorded in Plat Book 1, Page 5 of the Public Records of
Seminole County, Florida, more particularly described as follows:
Commence at the Northwest corner of said Lot 28, Block "B", n.R. MITCHELL'S SURVEY OF
THE LEVY GRANT ON LAKE JESSUP, as recorded in said Public Records said point being a
recovered 3/4 inch iron pipe; thence run S 18058'28" W along the West line of said Lot 28 a distance
of 265.09 feet to the POINT OF BEGINNING; thence leaving said West line of Lot 28 run S
71024'05" E for a distance of335.15 feet; thence S 18035'55" W a distance of 190.00 feet; thence
S 15023'58" E a distance of 81.26 feet; thence S 29007'50" E a distance of 53.93 feet; thence S
18035'55" W a distance of252.21 feet; thence S 51024'55" W a distance of27.68 feet; thence N
18035'55" E a distance of 268.83 feet; thence N 29007'50" W a distance of 49.10 feet; thence N
15023'58" W a distance of 87.65 feet; thence N 18035'55" E a distance of 179.59 feet; thence N
71024'05" W a distance of320.15 feet; thence N 18035'55" E a distance of 15.00 feet to the POINT
OF BEGINNING.
Containing 0.313 acres more or less.
Prepared by: This description and the accompanying sketch or
sketches has been prepared in accordance with the
Tinklepaugh Surveying Services Inc. Standards set forth in Chapter 61 G 17, FA C., pursuant
379 West Michigan Street ' to Chapters 177 and 472, Florida Statutes. Unless it bears
Suite 208 the signature and the original raised seal of a Florida
Orlando Florida 32806 licensed surveyor and mapper this drawing, sketch, plat
(407) 422-0957 or map is for informatio purposes ?nly and is not valid.
TO l-A22.A
.S. # 3517
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SKETCH OF DESCRIPTION
NOT A SURVEY
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NOTES:
1. THIS IS NOT A SURVEY.
2. BEARINGS SHOWN HEREON ARE DERIVED FROM A PREVIOUS PROJECT !~ /
PREPARED BY THIS FIRM FOR THE FLORIDA DEPARTMENT OF PROTECTION;
PROJECT NAME: LAND ACQUISTION SURVEY APPRAISAL MAP
WINTER SPRINGS TOWN CENTER
GREENWAYS AND TRAILS PROJECT
D.E.P. OFFICE #87680
AND ARE BASED ON THE NORTHEASTERLY RIGHT-OF-WAY LINE OF STATE
ROAD 434 AS PER FLORIDA DEPARTMENT OF TRANSPORTATION RIGHT OF
WAY MAP SECTION 77070-2516 BEING SOUTH 38'43'16' EAST.
D.R. MITCHELLS SURVEY OF
THE LEVY GRANT ON LAKE JESSUP
PLAT BOOK 1, PAGE 5
LANDS TO BE AQUIRED BY THE CITY OF WINTER SPRINGS
UNNUMBERED LOT BLOCK "B"
FIRST STREET (UNOPENED)
PARCEL 3
LOT 28
BLOCK "B"
LOT 29
BLOCK "B" PARCEL 4
PARCEL 5
POINT OF CEMMENCEMENT
NORTHWEST CORNER OF LOT 28 D.R. MITCHELL'S SURVEY OF
THE LEVY GRANT PLAT BOOK 1, PAGE 5
Tinklepaugh
SURVEYING SERVICES, INC.
379 W. Michigan Street. Suite 208 . Orlando. Florido 32806
(407) 422-0957 FAX NO (407) 422-6915
LICENSED BUSINESS NO. 3778
FILE: SX #6986-A1
DRAWN BY: R. NIETO