HomeMy WebLinkAboutOak Forest Lake Access and Maintenance Easement -2001 01 30a ° ~~
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Anthony A. QarYwrtceo, t?>ty.
Brawn, Wtud, Bdrmlut & Welftx, ('.A.
P O Box 2873
! Orixndo, FL 32882.2873
OAK FOREST LAKE ACCE85 AN'D MAINTENANCE EASEMENT
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THIS EASEMENT is made this ,~~ day of 3n,,,,,4rt•.~ 2001, by
MARSHALL E. ALLEN sad ALICE L. ALLEN, husband and wife, haaving a mailing address
of 1065 Winter Springs Boulevard, Winter Springs, Florida 32708, (hereinafter called "Grantors")
in favor of the CITY OF WINTER StPRING81, FLORIDA, a Florida Municipal Corporation,
having a mailing address of 1126 East State Road 434, Winter Springs, Florida 32708, (hereinafter
called "Grantee"),
WITNESiSETH
WHEREAS, Grantors are the sole owners ofceltuin 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, allowing Gruttee 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 ague to assist
Grantee, at Grantee's expense, in obtaining any local, state, or federal permits roquired to maintain
the easement and boat ramp; and
3 W HEREAS, Grantors and Grantee believe this casement is in the best interest of the City of
~o Winter Springs, Florida and Marshall E. Allen and Alice L. Allen, husband and wife.
NOW, THEREFORE, inconsideration oftheenumerated 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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CERTIFIED COPY -1- ~
` MARY~~I!~1~ M~JRSE Y _.. __ ._._.._.._.._Intengibls Tex Pli
CLERK OF CIf':;UIT COURT tlnr~Y~n~+ Muse, Clerk $snMMM
SEMINOLE COUNTY, FLORIDA ~011~' ~"""" ~"~""""""'~'
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~fPUTY CLERK
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MARYANNE, h1~IR5E SE111Ng1.1: CgUN1' Y. E t.
'CLERK OF' CIPICUII' CQIIRl i+ECgi';UEO ~ VEt21F1EC
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SEMINOLI: CO..CL
1, $f&j~, 'fhe foregoing recitals arc hereby incorporated herein by this reference.
2. meant 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" attat%hed 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. pyruose 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. Ritthts of Grantee, 'fo accomplish the purposes stated above, and at Grantee's expense,
the following rights are conveyed to the Grantee by this Easement:
a. 7'o use the Property for ingress and egress across the Property for the benefit of
Grantee and Grantors, and the public interest;
b. 'fo prevent any activity ota 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 damag~xl by an inconsistent activity or use;
c. 'fo grant nonexclusive casements to any third party for the purposes stated herein;
d. To cul, trim, and keep cyan 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 dcemed 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.
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OffICIAL lZECOROS
BQ~u AGE
8EMINULE C0.~~1.
6. Easements. Run ~yith t 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 ofthe 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 action arising under this Easement between the
parties, the parties agree to incur their own attorneys' 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, I~lorida, and may re-record it at any time as may be required to
preserve its rights in this Easement.
9, ~ ~ . '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'~edresentations and 'I~arranties. 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 al! persons whomever.
11. Grantors' Riaht 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 porfonnrance anct injunctive relict) to enjoin the occurrence
i and continuation of the breach.
12, ~~tee's Rigs -'k unable Relief: Grantors agree, acknawlcdge and recognirc
that any breach of this Easement by Grantors would resu'' in irreparable harm to Gruntec, and
accordingly, Grantors agree that in addition to and not in lieu of all Icgul and equitable remedies
available to Grantee by reason of such breach, Grantee shall be entitled Ia equitable relief (including,
without limitation, specific performance and injunctive relict) to enjoin the occurrence and candition
of the breach.
l 3. E'sntirc Agregp)ent. 'Chic Easement constitutes the; full and entire agreement between the
I parties hereto and supersedes any oral or written prior communications between the panics related
to the subject matter contained in this Casement. '1'hc Casement shall be gavcrncd by the laws of
1'lorida.
~ l4. Soverejgn immunity. Nothing contained in this Icusement shall be construed as a waiver
of the Grantee's right to sovereign immunity under Section 768.28. 1~ larida Statutes, or other
limitations imposed on the Grantee's potential liability under state or federal law.
l S. Modifications. This [casement shall only be mcxfified by u written instrument excculed
by the parties hereto or any successor, assigns, heirs, or representatives thereta.
16. grantee's D,yfv 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 exceptian ol'a brut ramp at grade level,
on the Property without prior written consent of the Grantors.
i 17. Grantors' Dutv 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 pcrpc:tual. 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.
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' 19. Grantee's Use of Property, Grantee (the term Grantee as used in this Easement shall
4 ~ include any party authorized by Grantee to use the Easement for the purpose stated herein) may use
the Easement for ingross and egress to snd from Tuskawiila Road across the Property to Oek Forest
Cake, provided Grantee has lawful use of Tuskawilla Road and said use does not interfere with
Grantors' use ofthe Property. Grantee shall be wlely res;~onsible forGranta's use ofthe Easement,
and to that extent agreer to indemnity and hold harmless the Grantors from and against the full
amommtofanyciaims, liabilities,damages,costsandexpenses(inciudingreasonabieattomeys' fees)
pertaining to any and all damages, bodily injury (including death), or property damages arising out
of Grantee's use of the Essement.
20. Grantors' Use of date. The parties acknowledge that Grantee has constructed a gate
which abuts the boundary of the Property along Tuskawilla Rosd for purposes of Grantors' and
Grantee's ingross and egrosa to and from the Property and Oak Forest Lake. Grantors (the term
Grantors as used in this paragraph and paragraph 21, shall include any party authorized by Grantors
to ingross and egress the Property) may use the tIN~ for ingress and egress to and from the Property
and Tuskawilb Road, provided Grantor have laNVful use of Tuskawilla Road and ssid use does not
interfere with Grantee's use of the gate and Property. Grantors shall be solely responsible for their
use of the gak, and to that extent agree to indetnAaity and hold harmless the Grants from and against
the full amount of any claims, liabilities, damages, costs and expenses (including reasonable
attorneys' fees) pertaining to any and all damages, bodily injury (including death), or property
damages arising out of Grantor' use of the gala,
21. Grantors' Assurance of Access. Grantor and Grantee agree and understand that
Grantor shall have unconditional and perpetual access through the gate. Denial ofthis 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 rosult in irreparable harm to Grantors, and
accordingly, Grantee agrees that in addition b and not in lieu of all legal and equitable remedies
available to Grantors by reason of the broach of Grantor' rights to access the Property, Grantors
shall be entitled to equitable rolief(inciuding, without limitation, specific performance and injunctive
relief) to enjoin the occurrence and continuation of the breach.
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g1:MtNOLE CO..t'L
IN WITNESS WHEREOF, Grantors and Grantee set their respective hands on the day and
year Erst above written.
Wttney~es:
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MARSHALL E. ALLEN. Grantor
Print Namc: ///,'c~firp/~~.~., /~r~//,~(
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Print Name; ~-N~w t~?. ),..r-~. ANc
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STATE OF FLORIDA
COUNTY OF SEMiNOLE
ALICE L. ALLEN, Grantor
The foregoing instrument was acknowledged and sworn to before me this ~•~day of
_~ti.-~ JA~-~• , 2 1, by ARSHALL E, ALLEN, ,who is personally known to me or~{
who hasp ced ~ - -~ for identification.
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STATE OF FLORIDA ~~'*nycom,~,~o„cc»~~~e ~~~~
COUNTY OF SEMMOLE •.,,/ ~ 9~pnr,b~r ~o, soos
The foregoing instrument was acknowledged and sworn to before me this day of
~~' , 2001,~jy ALICE L. ALLEN, ^ who is personally known to me or,~who
produced Qet.. H x••03 0'2. - for id tification.
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Print Name: ~~+c~ b.'•Cy~((~~,.
nt Name: ar, ~ a.. c '
ATTEST:
NDREA LO -LUACE3
City Cl
City
F:1UOC31City of Wlnler SprinpVlpamenulL~ke Ao~as end MdntanMwe ApearbM~Odc Faa1.k1
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FflCll-t• REC~~~E
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IIEMINOL~ CQ.~FI
CITY OF
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DE9CIZIPTIUN
RgnFiCIAI R~COa+OGSE
'4002 0253
~SEMIN0LEC0.~F1. Street 1
See Sketch of Dacrtption
Included u Attaclunent "A"
A portion of Tract "B", Oak Forst Unit One as recorded in Plat Book 22, Page 83 of the Public.
Records of Saniaole County. Florida„ being rrltaro partica-larly described as follows:
A twalty (20) foot wide easanatt betag tea (10) feet on etther side of the following described lines:
Comrrlenoe at the Soutttem most comer of said Trail "B" said corner also being the Easterly most
corner of Lot 23, of said Plat otOaic For+at Unit One; thence along the WesterlyRight-of-Way of
TttstalwiW-Oariella Road sad the arc ota o~av4e concave Northwesterly having a radius of ISS6.02
Poet, Shat a taa,eat bearing ofN 39.06'15" E through a oeatnl angle of 04.1 S'36" for a distartoe of
115.69 Poet to the Point of Hegimdrtg; thatoe N 50.03'17" W for a distance of 15.07 feet to Point
"A"; theaoe coaNauirtg N 50.03'17" W for a durance of 11.59 feet; thence N 31'58'28" W tt~r a
distance of 75.00 Poet to the point of ~• Thane return to Point "A" and run N 39.56'43"
S for a distance of 30.00 tbet to the point of tet~trtinatioa
Proparod by:
Tidckpeu~ Surveyio8 5ervioee. La.
379 Waet AdiOhipa Sheet
9uUe 208
Oeteado. FlerWa 32806
(407) 422.0957
'1'00-B37
Thi: daaipioa soil Ua eooompmy~ ebdoh a
dcd~ohha tuu been p~epeeed in eooonleooe witl~ the
9tende~de let forth is Chepler 61017 F.A.C., purawed
to Qnptae 177 sad 472. Fkride 8t~uta. Unless it beers
We wyoeluoa sod We ad8iael tamed sal d e PlorWn
lioenied eerveync sod moppet ~ ~~ ~4. P~
a tnep ie for iafotmetioael pvtpoeae ~ tted b sot wlid.
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AR'ff1UR 1~ TUC!®R. P.L.B. !! 4381
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ABBREVIATION LISTING
A ~ OPRGB. w OFFICIAL P~OROS 800K
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, P.C. POINT O
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URE
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` P.C C. ~ POINT OF COlwtP0UN0 CURVATURE
P.R.C. ~ POINT OF REVERSE CURVATURE
~ 0 ~ DELTA or CENTRAL ANCLE
O DELTA or CENTRAL ANGLE
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POINT OF COMMENCEMENT
SOUTHERN MOST CORNER OF TRACT 'B'
EASTERLY MOST CORNER OF LOT 23
OAK FO~2EST UNtT ONE
DRAWING No. TOOE37 FILE No. SX-7066
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SURVEYING SERVICES, INC.
379 W. MICMOOII Sheet. Suil~ ?lilt . n.,...w.. e,...:w.. •~~ne
Tole. No, (~07) ~2E-0957 Fok No (~07) ~Y2-0915
1.ICENSF.O OUSINFSS No 9770
1065 W i. nt.er Spr i. ngs E~o~.a 1 evard
W i. nt.er Spr i. ngs , FI_. 3?7C)8
. (407) 699-5402
M.-~ . K i tuber 1 ey Ha 1. ]. E . I
~it.o r mwa ter Ut. i. l i t.y Manager
C i t.y of W i. nt.er Springs
1126 Fast. St.at.e Road 434
Winter Spr i. ngs , FL.. 32708
Apr i. 1. 1. 1. t. h , 20 c) .t.
Dear Ms. Hall:
RF: Oak Forest. I...ake F..asement.
I n a ]. e t.t.er t.o yoc.i dated September 22nd , 2000 , or.~r at.t.or ney , Mr . Tames
A _ E3arks, advised yo~.~ t.hat. my wife anti .. ware ~agreeabl.e t.o arant.i ng
t.f~~e i,.it.v an eae:ement. t.o Oak Forest. Lake r.ander the fol.l.owi.ng condi.t.i.ons:
l _ The City haves a sc.~rveyor pYO\I1 CJ P.. a legal description of the
easement. area , to i. nclude a "turn aror.~n<~1" area for ma11P.l.JVer 1. ng a
vehicle and boat. t.rai..ler as shown on an at.t.ached sketch.
2. The Ci.t.y execute the Easement. for cis to access our property
throc.igh the gate i n the wa 1. 1. .
3 _ The Ci.t.y t.o pay at.t.orney~ fees t.o Mr . Eiar ks offi.ce for his
.~ervi.ces i n an amo~.ant. expected not. to exceed ~fi500 _00 .
4 _ The Ci.t.y t.o pay for recording the Face-~rnent..
Wes had a meeting of the minds wi.t.h the Ci t.y i n .7anr.~ary _• The Ci.t.y was
t.o hr~vr-; the Easement. rer.,orded and reai.mt:,~arse us the ~3G~~0.00 we paid t.o
Mr _ E3arks for hi.s •servi.ces. At. the t.irne ~t.he City was provided the
f i. r~~a ] c°:opy of t•.ht~. Fa~;ernent. , a copy of the-; ~,t.at~;me=:nt. from Mr . Eiar ks'
of f i. re , i. nd i c:at. i. ng the fef of X350 .00 had been paid by the A 1. l ens , was
i nr., 1. r.~ded .
Tn r.t-iecki.ng Seminole Cor.ant.y Put-, ].:ic Racord5 t.hi~-:: date, I di.Cr.overed that.
t.r,e C=a=ernrr~t_ was rf:cor;;e:-1 ;n :;ffi.c:.ir~1. ~::~r:orcl 8c,ok 4n0~, page? o25h: on
February 1st, 200t. _
A~: of t:.hi.s dat.f. , we havea not. re:.cei.ved a copy of the YP.COYdP.,d Easement.
nor have we received reimbc.irsernent. i.n the amoc.ant. of X350.00.
T t.rra:~t.. we wi.l. ). he prowi.ded a copy of the recorded EasE=:ment. and a check
in an amoc.int. of X350.00 wit.hi.n the next, few days.
Thank you for your cooperat.i.on i. n this rnat.t.er .
Vary t.rr.~l.y yoc.~rs,
~~~~.
~~rsha-J. J. E . Al 1 en
cc: /Commi.hsioner David Mcl...eod
Ci.t.y Managc-~r Ronald Mr..t...PmorP