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HomeMy WebLinkAboutBoard of Trustees of the Internal Improvement Trust Fund - Easement- 2002 09 26 t- Attachment No. 1 BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND OF THE STATE OF FLORIDA EASEMENT CITY OF WINTER SPRINGS Easement Number 30948 THIS INDENTURE, made and entered into this day of 20 ,between the BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND OF THE STATE OF FLORIDA, acting pursuant to its authority set forth in Section 253.03, Florida Statutes, hereinafter referred to as "GRANTOR", and the CITY OF WINTER SPRINGS, hereinafter referred to as "GRANTEE". WHEREAS, GRANTOR is the owner of the hereinafter described real property, which is managed by the STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION, OFFICE OF GREENWAYS AND TRAILS under Lease Number 4147; and WHEREAS, GRANTEE desires an easement across the hereinafter described real property for installation of a gravity sanitary sewer line, water main line and a stormwater drainage culvert; and WHEREAS, the managing agency has agreed to the proposed use of this land under this instrument. NOW THEREFORE, GRANTOR, for and in consideration of mutual covenants and agreements hereinafter contained, has granted, and by these presents does grant, a non-exclusive easement unto GRANTEE over and across the following described real property in Seminole County, Florida, to-wit: (See Exhibit "A" Attached) subject to the following terms and conditions: 1. DELEGATIONS OF AUTHORITY: GRANTOR'S responsibilities and obligations herein shall be exercised by the Division of state Lands, Department of Environmental Protection. ..., 2. TERM: The term of this easement shall be for a period of fifty years commencing on and ending on , unless sooner terminated pursuant to the provisions of this easement. 3. USE OF PROPERTY AND UNDUE WASTE: This easement shall be limited to the installation and maintenance of a gravity sanitary sewer line, water main line, and a stormwater drainage culvert upon and across the property described in Exhibit "A" during the term of this easement. This easement shall be non-exclusive. GRANTOR, retains the right to engage in any activities on, over, across or below the easement area which do not unreasonably interfere with GRANTEE'S exercise of this easement and further retains the right to grant compatible uses to third parties during the term of this easement. GRANTEE shall dispose of, to the satisfaction of GRANTOR, all brush and refuse resulting from the clearing of the land for the uses authorized hereunder. If timber is removed in connection with clearing this easement, the net proceeds derived from the sale of such timber shall accrue to GRANTOR. GRANTEE shall take all reasonable precautions to control soil erosion and to prevent any other degradation of the real property described in Exhibit "A" during the term of this easement. GRANTEE shall not remove water from any source on this easement including, but not limited to, a watercourse, reservo1r, spring, or well, without the prior written approval of GRANTOR. GRANTEE shall clear, remove and pick up all debris including, but not limited to, containers, papers, discarded tools and trash foreign to the work locations and dispose of the same in a satisfactory manner as to leave the work locations clean and free of any such debris. GRANTEE, its agents, successors, or assigns, shall not dispose of any contaminants including but not limited to, hazardous or toxic substances, petroleum, fuel oil, or petroleum by-products, chemicals or other agents produced or used 1n GRANTEE'S operations, on this easement or on any adjacent state land or in any manner not permitted by law. GRANTEE shall be liable for all costs a~sociated with any cleanup of the subject property which 1S a result of GRANTEE'S operations and use of the subject property. Upon termination or expiration of this easement GRANTEE shall restore the lands over which this easement is granted to substantially the same condition as existed on the effective date of this easement. GRANTEE agrees that upon termination of this easement all authorization granted hereunder shall cease and terminate. If the lands described in Exhibit "A" are under lease to another agency, GRANTEE shall obtain the consent of such agency prior to engaging in any use of the real property authorized herein. 4. ASSIGNMENT: This easement shall not be assigned in whole or in part without the prior written consent of GRANTOR. Any assignment made either in whole or in part without the prior written consent of GRANTOR shall be void and without legal effect. 5. RIGHT OF INSPECTION: GRANTOR or its duly authorized agents, representatives or employees shall have the right at any and all times to inspect this easement and the works of GRANTEE in any matter pertaining to this easement. 6. NON-DISCRIMINATION: GRANTEE shall not discriminate against any individual because of that individual's race, color, religion, sex, national origin, age, handicaps, or marital status with respect to any activity occurring within this easement or upon lands adjacent to and used as an adjunct of this easement. 7. LLABILITY: Each party is responsible for all personal injury and property damage attributable to the negligent acts or omissions of that party and the officers, employees and agents thereof. Nothing herein shall be construed as an indemnity or a waiver of sovereign immunity enjoyed by any party hereto, as provided in Section 768.28, Florida Statutes, as amended from time to time, or any other law providing limitations on claims. 8. COMPLIANCE WITH LAWS: GRANTEE agrees that this easement is contingent upon and subject to GRANTEE obtaining all applicable permits and complying with all applicable permi~s, regulations, ordinances, rules, and laws of the state of Florida or the United states or of any political subdivision or agency of either. 9. ARCHAEOLOGICAL AND HISTORIC SITES: Execution of this easement in no way affects any of the parties' obligations pursuant to Chapter 267, Florida Statutes. The collection of artifacts or the disturbance of archaeological and historic sites on state-owned lands is prohibited unless prior authorization has been obtained from the Department of State, Division of Historical Resources. 10. PROHIBITIONS AGAINST LIENS OR OTHER ENCUMBRANCES: Fee title to the lands underlying this easement is held by GRANTOR. GRANTEE shall not do or permit anything to be done which purports to create a lien or encumbrance of any nature against the real property of GRANTOR including, but not limited to, mortgages or construction liens against the real property described in Exhibit A or against any interest of GRANTOR therein. 11. PARTIAL INVALIDITY: If any term, covenant, condition or provision of this easement shall be ruled by a court of competent jurisdiction to be invalid, void, or unenforceable, the remainder shall remain in full force and effect and shall in no way be affected, impaired or invalidated. 12. SOVEREIGNTY SUBMERGED LANDS: This easement does not authorize the use of any lands located waterward of the mean or ordinary high water line of any lake, river, stream, creek, bay, estuary, or other water body or the waters or the air space thereabove. 13. ENTIRE UNDERSTANDING: This easement sets forth the entire understanding between the parties and shall only be amended with the prior written approval of GRANTOR. 14. TIME: Time is expressly declared to be of the essence of this easement. 15. RIGHT OF AUDIT: GRANTEE shall make available to GRANTOR all financial and other records relating to this easement and GRANTOR shall have the right to audit such records at any reasonable time during the term of this easement. This right shal~ be continuous until this easement expires or is terminated. This easement may be terminated by GRANTOR should GRANTEE fail to allow public access to all documents, papers, letters or other materials made or received in conjunction with this easement, pursuant to Chapter 119, Florida statutes. 16. PAYMENT OF TAXES AND ASSESSMENTS: GRANTEE shall assume full responsibility for and shall pay all liabilities that accrue to the easement area or to the improvements thereon including any and all drainage and special assessments or taxes of every kind and all mechanic's or materialman's liens which may be hereafter lawfully assessed and levied against this easement. 17. AUTOMATIC REVERSION: This easement is subject to an automatic termination and reversion to GRANTOR when, in the opinion of GRANTOR, this easement is not used for the purposes outlined herein, and any costs or expenses ar1s1ng out of the implementation of this clause shall be borne completely, wholly and entirely by GRANTEE, including attorneys' fees. 18. RECORDING OF EASEMENT: The GRANTEE, at its own expense, shall record this fully executed easement in its entirety in the public records of the county within which the easement site is located within fourteen days after receipt, and shall provide to the GRANTOR within ten days following the recordation a copy of the recorded easement in its entirety which contains the O.R. Book and Pages at which the easement is recorded. Failure to comply with this paragraph shall constitute grounds for immediate termination of this easement agreement at the option of the GRANTOR. 19. GOVERNING LAW: This easement shall be governed by and interpreted according to the laws of the State of Florida. 20. SECTION CAPTIONS: Articles, subsections and other captions contained in this easement are for reference purposes only and are in no way intended to describe, interpret, define or limit the scope, extent or intent of this easempn~ or ~ny provi~ion~ rhprpor IN WITNESS WHEREOF, the parties have caused this easement to be executed the day and year first above written. BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND OF THE STATE OF FLORIDA Print/Type Witness Name By: (SEAL) GLORIA C. NELSON, OPERATIONS AND MANAGEMENT CONSULTANT MANAGER, BUREAU OF PUBLIC LAND ADMINISTRATION, DIVISION OF STATE LANDS, DEPARTMENT OF ENVIRONMENTAL PROTECTION Witness Witness Print/Type Witness Name "GRANTOR" STATE OF FLORIDA COUNTY OF LEON The foregoing instrument was acknowledged before me this day of , 20__, by Gloria C. Nelson, Operations and Management Consultant Manager, Bureau of Public Land Administration, Division of State Lands, Florida Department of Environmental Protection, acting as an agent on behalf of the Board of Trustees of the Internal Improvement Trust Fund of the State of Florida. She is personally known to me. Notary Public, State of Florida Print/Type Notary Name Commission Number: Commission Expires: Approved as to Form and Legality By: DEP Attorney CITY OF WINTER By Its' Cit Co ~D~i\ "ANA.QpIf'G Witness By: l)cl~ h (!'- ~( )1 ( i 'P~ f:!' Pr1nt/Type Witness N e :=fe-I)' Lt.... ?c.. \. \o.d.u'\\) Witness ~~f~ int/Type Witness Name Paul P. Partyka Print/Type Name Title: -.,- ATTEST' , STATE OF j~ 1 ~GRANTEE~ COUNTY OF JMrjU(lVLL ~. ~~ ~oregoing instrument was acknowledged before me tp~s Dtu day of ~~au ,20 OJ-, by Paul P. Partyka, as Mayor, and~~~~O~~~ ,as' ity Clerk, on behalf of the City of Winter Springs. They are ~~; kn~o me or produced as 1 e cat1on. of Florida Notary Name -, m~-:;''JI'''''', HOLLY PIERSTORF,F d. Commission Number: ~ ~~ Notary Public - State or F.crda " . i My CaTY'nistD'1 Ex;i'es .).1126. 2005 . \~ .~.: Commisaion' 00037454 Commission Expires: ";~Ir.,~"\' . EXHIBIT A LEGAL DESCRIPTION Attachment No.2 BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND OF THE STATE OF FLORIDA TEMPORARY EASEMENT CITY OF WINTER SPRINGS Temporary Easement Number 30949 THIS INDENTURE, made and entered into this day of 20 ,between the BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND OF THE STATE OF FLORIDA, acting pursuant to its authority set forth in Section 253.03, Florida Statutes, hereinafter referred to as "GRANTOR", and the CITY OF WINTER SPRINGS, hereinafter referred to as "GRANTEE". WHEREAS, GRANTOR is the owner of the hereinafter described real property, which is managed by the FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION, OFFICE OF GREENWAYS AND TRAILS under Lease Number 4147; and WHEREAS, GRANTEE desires a temporary easement across the hereinafter described real property for a temporary access road; and WHEREAS, the managing agency has agreed to the proposed use of this land under this instrument. NOW THEREFORE, GRANTOR, for and ln consideration of mutual covenants and agreements hereinafter contained, has granted, and by these presents does grant, a non-exclusive temporary easement unto GRANTEE over and across the following described real property in Seminole County, Florida, to-wit: (See Exhibit "A" Attached) subject to the following terms and conditions: 1. DELEGATIONS OF AUTHORITY: GRANTOR'S responsibilities and obligations herein shall be exercised by the Division of State Lands, Department of Environmental Protection. 2. TERM: The term of this temporary easement shall be for a period of two years, commencing on and ending on , unless sooner tenminated pursuant to the provisions of this easement. 3. USE OF PROPERTY AND UNDUE WASTE: This easement shall be limited to the construction of a temporary access road to be used during the installation of the gravity sanitary sewer line, water main line, and stonmwater drainage culvert authorized under Easement No. 30948 to the City of Winter Springs, located upon and across the property described in Exhibit "A" during the tenm of this easement. GRANTEE shall restore the temporary access road to match existing conditions after installation of the gravity sanitary sewer line, water main line, and stonmwater drainage culvert. This easement shall be non-exclusive. GRANTOR, retains the right to engage in any activities on, over, across or below the easement area which do not unreasonably interfere with GRANTEE'S exercise of this easement and further retains the right to grant compatible uses to third parties during the tenm of this easement. GRANTEE shall dispose of, to the satisfaction of GRANTOR, all brush and refuse resulting from the clearing of the land for the uses authorized hereunder. If timber is removed in connection with clearing this easement, the net proceeds derived from the sale of such timber shall accrue to GRANTOR. GRANTEE shall take all reasonable precautions to control soil erOS1on and to prevent any other degradation of the real property described in Exhibit "A" during the tenm of this easement. GRANTEE shall not remove water from any source on this easement including, but not limited to, a watercourse, reservoir, spr1ng, or well, without the prior written approval of GRANTOR. GRANTEE shall clear, remove and pick up all debris including; but not limited to, containers, papers, discarded tools and trash foreign to the work locations and dispose of the same in a satisfactory manner as to leave the work locations clean and free of any such debris. GRANTEE, its agents, successors, or assigns, shall not dispose of any contaminants including but not limited to, hazardous or toxic substances, petroleum, fuel oil, or pet~oleurn by-products, chemicals or other agents produced or used 1n GRANTEE'S operations, on this easement or on any adjacent state land or in any manner not permitted by law. GRANTEE shall be liable for all costs associated with any cleanup of the subject property which 1S a result of GRANTEE'S operations and use of the subject property. Upon termination or expiration of this easement GRANTEE shall restore the lands over which this easement is granted to substantially the same condition as existed on the effective date of this easement. GRANTEE agrees that upon termination of this easement all authorization granted hereunder shall cease and terminate. If the lands described in Exhibit "A" are under lease to another agency, GRANTEE shall obtain the consent of such agency prior to engaging in any use of the real property authorized herein. 4. ASSIGNMENT: This easement shall not be assigned in whole or 1n part without the prior written consent of GRANTOR. Any assignment made either in whole or in part without the prior written consent of GRANTOR shall be void and without legal effect. 5. RIGHT OF INSPECTION: GRANTOR or its duly authorized agents, representatives or employees shall have the right at any and all times to inspect this easement and the works of GRANTEE 1n any matter pertaining to this easement. 6. NON-DISCRIMINATION: GRANTEE shall not discriminate against any individual because of that individual's race, color, religion, sex, national origin, age, handicaps, or marital status with respect to any activity occurring within this easement or upon lands adjacent to and used as an adjunct of this easement. 7. LLABILITY: Each party is responsible for all personal injury and property damage attributable to the negligent acts or omissions of that party and the officers, employees and agents thereof. Nothing herein shall be construed as an indemnity or a waiver of sovereign immunity enjoyed by any party hereto, as provided in Section 768.28, Florida Statutes, as amended from time to time, or any other law providing limitations on claims. 8. COMPLLANCE WITH LAWS: GRANTEE agrees that this easement is contingent upon and subject to GRANTEE obtaining all applicable permits and complying with all applicable permits, regulations, ordinances, rules, and laws of the State of Florida or the United States or of any political subdivision or agency of either. 9. ARCHAEOLOGICAL AND HISTORIC SITES: Execution of this easement in no way affects any of the parties' obligations pursuant to Chapter 267, Florida Statutes. The collection of artifacts or the disturbance of archaeological and historic sites on state-owned lands is prohibited unless prior authorization has been obtained from the Department of State, Division of Historical Resources. 10. PROHIBITIONS AGAINST LIENS OR OTHER ENCUMBRANCES: Fee title to the lands underlying this easement is held by GRANTOR. GRANTEE shall not do or permit anything to be done which purports to create a lien or encumbrance of any nature against the real property of GRANTOR including, but not limited to, mortgages or construction liens against the real property described in Exhibit A or against any interest of GRANTOR therein. 11. PARTIAL INVALIDITY: If any term, covenant, condition or provision of this easement shall be ruled by a court of competent jurisdiction to be invalid, void, or unenforceable, the remainder shall rema~n in full force and effect and shall in no way be affected, impaired or invalidated. 12. SOVEREIGNTY SUBMERGED LANDS: This easement does not authorize the use of any lands located waterward of the mean or ordinary high water line of any lake, river, stream, creek, bay, estuary, or other water body or the waters or the air space thereabove. 13. ENTIRE UNDERSTANDING: This easement sets forth the entire understanding between the parties and shall only be amended with the prior written approval of GRANTOR. 14. TIME: Time is expressly declared to be of the essence of this easement. 15. RIGHT OF AUDIT: GRANTEE shall make available to GRANTOR all financial and other records relating to this easement and GRANTOR shall have the right to audit such records at any reasonable time during the term of this easement. This right shall be continuous until this easement expires or is terminated. This easement may be terminated by GRANTOR should GRANTEE fail to allow public access to all documents, papers, letters or other materials made or received in conjunction with this easement, pursuant to Chapter 119, Florida statutes. 16. PAYMENT OF TAXES AND ASSESSMENTS: GRANTEE shall assume full responsibility for and shall pay all liabilities that accrue to the easement area or to the improvements thereon including any and all drainage and special assessments or taxes of every kind and all mechanic's or materialman's liens which may be hereafter lawfully assessed and levied against this easement. 17. AUTOMATIC REVERSION: This easement is subject to an automatic termination and reversion to GRANTOR when, in the opinion of GRANTOR, this easement is not used for the purposes outlined herein, and any costs or expenses arising out of the implementation of this clause shall be borne completely, wholly and entirely by GRANTEE, including attorneys' fees. 18. RECORDING OF EASEMENT: The GRANTEE, at its own expense, shall record this fully executed easement in its entirety in the public records of the county within which the easement site is located within fourteen days after receipt, and shall provide to the GRANTOR within ten days following the recordation a copy of the recorded easement in its entirety which contains the O.R. Book and Pages at which the easement is recorded. Failure to comply with this paragraph shall constitute grounds for immediate termination of this easement agreement at the option of the GRANTOR. 19. GOVERNING LAW: This easement shall be governed by and interpreted according to the laws of the State of Florida. 20. SECTION CAPTIONS: Articles, subsections and other captions contained in this easement are for refe~ence purposes only and are 1n no way intended to describe, interpret, define or limit the scope, extent or intent of this easement or any provisions thereof. IN WITNESS WHEREOF, the parties have caused this easement to be executed the day and year first above written. BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND OF THE STATE OF FLORIDA Print/Type Witness Name By: (SEAL) GLORIA C. NELSON, OPERATIONS AND MANAGEMENT CONSULTANT MANAGER, BUREAU OF PUBLIC LAND ADMINISTRATION, DIVISION OF STATE LANDS, DEPARTMENT OF ENVIRONMENTAL PROTECTION Witness Witness Print/Type Witness Name "GRANTOR" STATE OF FLORIDA COUNTY OF LEON The foregoing instrument was acknowledged before me this day of , 20__, by Gloria C. Nelson, Operations and Management Consultant Manager, Bureau of Public Land Administration, Division of State Lands, Florida Department of Environmental Protection, acting as an agent on behalf of the Board of Trustees of the Internal Improvement Trust Fund of the State of Florida. She is personally known to me. Notary Public, State of Florida Print/Type Notary Name Commission Number: Commission Expires: Approved as to Form and Legality By: DEP A.ttorney CITY OF WINTER SPRINGS By Its City, ~1 ct~~P~pQ Witness By: {SEALI J)choa-ctV\ k. 61~i(7/ Print/Type Witness Name ~~e~ tness Paul P. Partyka Print/Type Name ~~~1~~~l\~d\n~ Print/Type Witness Name Title: Mayor ! I} I \ l 1 I . ~ ' . I ATTEST:-Ll,.- ~ ,"<11' jL-- City Cl8rk ~ ,.- ./. ~GRANTEE" ( STATE o~0Jud{l) COUNTY OF ~O ~ ~ ~gOing instrument was acknowledged before me this ~(~ day of fYY) , 2 0 ~ by Paul P. Partyka, as Mayor, and ~nd wr-enw - as Cit Clerk, on behalf of the City of Winter Springs. They .. ar ersonally nown 0 or produced as identification. {OFFICIAL SEAL} -- ~ -- - - .."" Commission IIIl """u~ Number: '~m,,~;e :-".,., HOLLY PIERSTORFF . g -; Notary Public - State or F100da . . \; .J My Ccmn5si:x1 ~ Jun 25, 2005 ExpJ.res:. ~~ Commi&sion # DD0314s.4 Commission -------.,.. -- EXHIBIT A LEGAL DESCRIPTION