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HomeMy WebLinkAboutGarcia, M.A. and Geraldine-Easement Agreement- 2005 03 25 t.. , MARYANNE MORSE, CLERK OF CIRCUIT COURT ". - .-; ..... ~~S~~ ~' ~ ":~r~: ~=) SEMINOLE COUNTY BK 04366 PG 0180 '\ <'".r, ,., () 'Jf1l1'" CLERK'S # 2002854760 ~,r r"{ u .~ L;j~1... RECORDED 04/01/2002 03117.17 PM Prepared by and return to: CITY 0," ''',iN Ib~ SPRINGS DEED DOC TAX O. 70 CIT{ i IALL RECORDING FEES 28.50 ~ City of Wi"le' Spcings. Flo,;da. RECORDED BY L McKinley (v 1126 East State Road 434 . Winter Springs, FL 32708 - PUBLIC UTILITY EASEMENT This Grant of Public Utility Easement is made this '2 5"~ day of fVl~\,t 2002, by M. A. and Geraldine Garcia (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, this Easement is necessary to provide for the adequate public utilities needed to service the area; more specifically to provide for water utilities; and WHEREAS, Grantor desires to convey a public utility easement over, under, and across the real property, which is subject to this Easement for purposes of allowing the public to use said property for the purposes stated herein and under the terms and conditions of this Easement; and 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 lof4 FILE NUM 2002854760 'i .. OR BOOK 04366 PAGE 0181 allowing the Grantee to install, operate, and maintain public utilities over, under and across the Easement Property to provide for potable water. 3. Riehts 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 potable water, 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 public's use of the Easement Property; e. To maintain, inspect, replace, repair, and 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. Dutv 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 mandat~ry injunction. 2of4 ,. FILE NUM 2002854760 .. OR BOOK 04366 PAGE 0182 8. Easements Run with the Land. This Easement shall remain a charge against the Easement Property. Therefore, this EaSement shall "run with the hind" 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. Attornevs' Fees. In the event of any legal action arising under this Easement between the parties, the parties agree that the prevailing party, to the extent provided 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. 11. 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 Rieht 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. IN WITNESS WHEREOF, Grantor and Grantee have set forth their signatures on the day and year written below. WITNESSES: ~ (J(Jm1;till~ ~rint Name: JOliet- fhery I -- ~ 7~ -.t:' i2..=) I ~~~--~ ~~);~~ ' Print Name: -1{. r3 ark e f-+ ?-~~ Address and Telephone The foregoing instrument was acknowledged before me this ~ day ofMa~, 2002, by M.A ,,4 G.( UOr-CAlL who ~~ personally known to me, or has produced tJ ~ as identification. ~JI- cU-~ {.Iotary Public JANET H. De GUEHERY Notary Public, State of flOfida . My comm. expires Aug. 11., 2002 No. CC 760738 3of4 . . . . .. fiLE NUM 2002854760 OR BOOK 04366 PAGE 0183 GRANTEE , .,'''''''''." .... ..... 1 ~ ...- I .-- ~~F:' lr'O ~ "", ... ,~...;.) ......... "0 " 0.- ~\ ....,......:' ". ) . .: "t.: ..- .:#. '\ 'EJ)""~ ". V' . " .. ~'. ~ ,\.. ... . .,. .. -.-rr . .- ~. ~ .,- . ".~ .,p'. d -'..' '. Z . CITY OF ~ 'E~PRIN~, FI:~A BoY ~.. . -~~~3-1'-.'J. n 'i. Mt'fl MC ~... 0 . _. .. .- .' ", 1tq'rj1anau.r..... ,,\~ --- 't 'f;}, ~'€..\.-. . '. . - ...... _ " ~ . ................,. .~1 . . '" ,"',,,....' - -~ /~ ANDREA r.ORENZO-LUCAS City Clerk . 40f4 , t...... _'. ..." ""u,,_ ... ". , . EXHIBIT "A" Sheet 1 See Sketch of Description Included as Attachment "A" 15.00 UTILITY EASEMENT DESCRIPTION: A 15.00 foot wide strip ofland being a portion of TRACT "A" OAK FOREST UNIT ONE as recorded in Plat Book 22, Pages 81 through 83 of the Public Records of Seminole County, Florida being more particularly described as follows: Begin at the Western most comer of Lot 201 OAK FOREST UNIT TWO-B as recorded in Plat Book 26, Pages 95 through 96 of the Public Records of Seminole County, Florida; said comer lying on a platted lot line having a plat bearing ofS 57020'56" W; thence from said POINT OF BEGINNING run S 7r 18'28" W along the centerline ofa 15.00 foot wide strip of land lying 7.50 feet on each side of said line for a distance of 31.16 feet to the Westerly boundary line of said Tract "A" and the POINT OF TERMINATION. The side lines of said strip of land are to lengthen or shorten so as to intersect or terminate at property lines. TOI-E71 Prepared by: 0" :tJ.... This description and the accompanying sketch or r Tinklepaugh Sw-veying Services, Inc. ttllTl 379 West Michigan Street sketches has been prepared in accordance with the 0 Standards set forth in Chapter 61 G17, F.A.C., oz Suite 208 :x:c pursuant to Chapt,er;l.1.'l~.lW~~47f' Florida 3: Orlando, Florida 32806 0 (407) 422-0957 Statutes. Unle~8it'6e~Ji~I~afure-and the ~IU original rai~~ ~.of' 0 .~~psed.sw-veyor WO 0'0 and mapp{r ~.fua"tfgJ ~et . (~f Illap is for O'IU !Xl inform#f gal Pll\"2~ses oni'~~ s,f1ovalid. 11I , ~ /" . ;'. '? 4. ..:: ~ , 'O~ '" .;";. DO' ART mo ITI Date: 0 - (X) ~ ....... ... . , ., ATTACHMENT 9A9 SKETCH OF DESCRIPTION u NOT A SURVEY" I I ~ ~ ~~ .lor 147 IJ I I ~ ~ LOT 6 lJUNNAR ESTATES I LOr 202 ~ ~ (lINRECORIJEIJ) ~ ~ ~I ~~ - - - - \ \/ ~ ~ \ {? / ~ \l~/ ./<5'. / ~ "l I \1.<;\ ~~\~~~"\ j;/ ~ /) VS ~ \ \ 0~~~ ~ 0'~~ Y- ~ ~ \ /')6 / ~~~ ~~'\ c.r.. I - _ ~1'~O / \)~~ c.~~ r~ t:t, - ~ \)~ ~ I 30' EASEMENT \/ Y / ~'\'\\'\-{ 0:, I / ~\, \j'\\\; CQ I \ ~ ~" I ~~ LOT 201 t. ~ I-- . \ \ U',A~}. is ~ I-- "( 15' PROPOSED ~ ~, ~ ~ I. ~ a: ~ I UTILITY EASEMENT \ -1-- ~ '*' ~ ~.. I ~ &5 f:: \ 0 ~~~ ~Q ~ \ U',A~ ~~ ~lul--" ~ (I"Q ~ ~ ~ I ~ V) ~ ~ '0'_\ ~ ~ ~~ ~V)~ ~., ~~ ~.~ ~~ I ~~g lli ~~ ~~ ;:::) ~ I ~ ,-<",0 \. '*' G'> e..:; ~ I ~ ~fJ rr'n AC'rr' A 7~~\. <': ~ ~ ~ e: 4.. , .L n.B.L . ~~ \.. O,A I H ~g 0 OAK FOREST UNIT ONE 'V-/o7~ ~ ~ ~S? J- PLAT BOOK 22, PACES 81-83 q!.\;'> I ~ $55 ~ I \ 0:: it a I .Q C) Q 0< "1"( . Tinklepaugh SURVEYING SERVICES, INC. 379 WEST MICHICAN ST.. SUITE 208. ORlANDO. Fl. 32806 (407) 422-0957 DRAWN BY: R. NIETO ORDER NO.: TOIElI SCALE: 1"= 30' DATE: 12/10/01 UCENSED BUSINESS No. 3778 . ...... .....