HomeMy WebLinkAboutMcGaba-Access Easement Agreement- 2005 04 11
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Prepared by and return to:
Anthony A. Garganese, Esquire
City Attorney of Winter Springs
Brown, Garganese, Weiss & D' Agresta, P.A.
Post Office Box 2873
Orlando, Florida 32802-2873
(407) 425-9566
, ~RVANNE MORSE, CoERK OF CIRCUIT CIlJRT
S841NOl.E WInY
BK 05885 PGS 0159-01GG
CLERK'S ~ 2005150G77
RtUJHIJED 09/01/2005 03120115 PM
Dam DOC TAX 0.70
RttuNDINB FEES 69.50
RECORDED BV D Tholu
CROSS ACCESS EASEMENT AGREEMENT
THIS CROSS ACCESS EASEMENT AGREEMENT is made this 'I day of
A Pf21 L , 2005, by MCGABA, LLC, a Florida limited liability company, ("Grantor")
having a mailing address of 4986 Courtland Loop, Winter Springs, Florida 32708, in favor of the
CITY OF WINTER SPRINGS, a municipal corporation ("Grantee") having a mailing address of
1126 East State Road 434, Winter Springs, Florida 32708.
WITNESSETH:
WHEREAS, Grantor is fee simple owner of certain real property located within the City of
Winter Springs, Florida; and
WHEREAS, Section 20-472, City Code requires the establishment of cross access easements
for the creation of a cross access corridor providing unified ingress and egress to and from that
property and the adjacent property; and
WHEREAS, Grantor desires, in accordance with Section 20-472, City Code to provide
Grantee a non-exclusive cross access easement for the purpose of providing the public cross access
across Grantor's property; and
WHEREAS, for the benefit of the public, Grantee desires to accept the access to, and use
of, the Easement Property for the purposes of allowing public cross access to Grantor's property; and
NOW, THEREFORE, in consideration of the public purpose 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 hereby acknowledged, the parties
agree as follows:
I. Incorporation of Recitals. The foregoing recitals are hereby incorporated fully
herein by this reference.
Cross Access Easement
McGaba, LLC/City of Winter Springs
Page 1 of6
2. Grant of Easement. Grantor hereby voluntarily grants and conveys to Grantee, its
successors and assigns, on behalf ofthe public, subject to any previous and duly recorded easements
or grants of record, a perpetual non-exclusive twenty-five (25) foot cross access easement over, upon
and across the real property legally described as:
See Exhibit "A"
("Easement Property"). Said easement shall be of the nature and character and to the extent
hereinafter set forth ("Easement").
3. Purpose of Easement. This Easement is granted for the express and sole purpose
of allowing the public non-exclusive perpetual use of the Easement Property for pedestrian and
vehicular passage upon and across the Easement Property.
4. Riehts of Grantee. To accomplish the purpose stated above, the following rights
are conveyed to Grantee by this Easement for the benefit ofthe public and may, at the Grantee's sole
and absolute discretion, be exercised at any time during the term of this Agreement.
(a) the right of non-exclusive use ofthe Easement Property to provide cross access pedestrian
and vehicle passage across Grantor's property;
(b) the right to clear the Easement Property of trees or limbs, undergrowth and other physical
objects which endanger, prohibit or interfere with the safe and efficient use ofthe Easement
Property as contemplated herein;
(c) the right to improve the Easement Property as deemed necessary by the Grantee to
effectuate the purposes herein provided.
(d) all other rights and privileges reasonably and customarily necessary or convenient for
Grantee's safe and efficient use ofthe Easement Property for non-exclusive cross access for
Grantee and the public.
5. Grantor's Use of Easement. Subject to and conditioned upon the provisions of
Paragraphs 3 and 4 of this Agreement, Grantor hereby reserves for itself the right to use the
Easement Property; provided, however, that Grantor's use may not (i) violate any provision ofthis
Agreement, or (ii) unreasonably interfere with any of Grantee's easements, rights or interest under
this Agreement. Notwithstanding, Grantee hereby covenants and agrees that it shall not
unreasonably interfere with the Grantor's use and enjoyment of the Easement Property.
6. 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
Cross Access Easement
McGaba, LLC/City of Winter Springs
Page 2 of 6
by any deed or other conveyance conveying the Easement Property, or a portion thereof, relating to
this Easement, even though the conveyance makes no reference to this Easement as such.
7. Recordation. Grantor shall record this instrument in a timely fashion in the Official
Records of Seminole County, Florida and mayre-record it at any time as may be required to preserve
its rights in this Easement.
8. Soverei~n Immunity. Nothing contained in this Easement shall be construed as a
waiver ofthe Grantee's right to sovereign immunity under Section 768.28, Florida Statutes, or other
limitations imposed on the Grantor's or Grantee's potential liability under state or federal law.
9. Injunctive Relief. The parties agree that, in the event of default, there may not
be an adequate remedy at law, and therefore, it is agreed the parties shall be entitled to seek
injunctive relief, including a mandatory injunction.
10. Governin~ Law and Venue. The parties agree that this Agreement was
consummated in Seminole County, and the site ofthe Easement is in Seminole County, Florida. This
Agreement shall be governed by the laws of the State of Florida. Venue for all disputes shall be
properly placed in Seminole County, Florida.
11. Notice. All notices, demands, requests, consents, approvals or other communications
(collectively, "Notices") required or permitted to be given hereunder or which are given with respect
to this Agreement shall be effective only if in writing and delivered by personal service, or delivered
to an overnight courier service with guaranteed next day delivery or mailed by registered or certified
mail, return receipt requested, postage prepaid, addressed as follows:
TO GRANTOR:
Shirley Mackerly, President
McGaba, LLC
4986 Courtland Loop
Winter Springs, Florida 32708
Telephone: (407) 699-5848
TO GRANTEE:
City of Winter Springs
Attention: City Manager
1126 East State Road 434
Winter Springs, Florida 32708
Telephone: (407) 327-5957
Cross Access Easement
McGaba, LLC/City of Winter Springs
Page 3 of 6
or to such other address as such party shall have specified most recently by like Notice. The
aforesaid attorneys for the parties hereto are hereby respectively authorized to give any Notice
permitted under this Agreement. Any Notice given as provided herein shall be deemed received as
follows: if delivered by personal service, on the date so delivered; if delivered to an overnight courier
service, on the business day immediately following delivery to such service; and if mailed, on the
third business day after mailing.
12. Modification. Termination. This Easement shall only be modified or terminated
by a written instrument executed by the parties hereto or any successor, assigns, heirs, or
representatives thereto, and upon recordation in the public records of Seminole County, Florida.
13. 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 laws of Florida shall govern this
Easement.
14. Liability. To the extend permitted by law, and without waiving Grantee's right to
sovereign immunity, each party to this Easement shall be responsible for any and all claims,
demands, suits, actions, damages, and causes of action related to or arising out of or in any way
connected with its own actions and omissions, and the actions of its personnel and agents, in
performing their obligations and responsibilities under this Easement.
[REMAINDER LEFT INTENTIONALLY BLANK - SIGNATURES NEXT PAGE]
Cross Access Easement
McGaba, LLC/City of Winter Springs
Page 4 of 6
IN WITNESS WHEREOF, Grantor and Grantee have set their respective hands on the day
and year first above written.
WITNESSES:
GRANTOR
MCGABA, LLC, a Florida limited liability
company
A c, HAc&.01
Print Name: ALA-AI r1AcK~ 1=.'1
~~
Print Name: oA/C'ff /~./fIlCA
BY~ L~
. IRLEY M~KERL Y \
Its: President
STATE OF ht!J~It.11t
COUNTY OFf;m'l./at:<
)
) ss:
)
On this Ij Tit dayof MR.I L ,2005, before me, the undersigned notary public,
personally appeared Shirley Mackerly, President, McGaba, LLC, a Florida limited liability company,
~ personally known to rrij)OR produced the following identification - .
~~~
.
[SEAL]
~ M. ROItnIllett
\'Y) My Commiaaion 00224840
oP '" Expires SePlember 26 200
. 7
Notary Public, State of Florida
My Commission Expires: ~ I,;., /,}..~ 7
Serial Number: tJf) 2 '2.lf-'~
Cross Access Easement
McGaba, LLC/City of Winter Springs
Page 5 of6
GRANTEE ..,.,.......\.
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CITY OF ~lN~~'R SPRiN~ ~1;lllicipal
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corporatIOn: .' () C ~ 0' '. 0
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ATTEST:
as to legal form and sufficiency for
Winter Springs only:
ANTHONY A. GARGANESE, City Attorney
Cross Access Easement
McGaba, LLC/City of Winter Springs
Page 6 of6
, ;
SKETCH OF DESCRIPTION
DESCRIPTION:
A PORllON OF LOTS 8 AND 9, BLOCK 0, DR. MITCHELL'S SURVEY OF THE LEVY GRANT, ACCORDING TO THE PLAT
THEREOF AS RECORDED IN PLAT BOOK 1, PAGE 5, OF THE PUBLIC RECORDS OF SEMINOLE COUNTY, FLORIDA, BEING
MORE PARllCULARL Y DESCRIBED AS FOLLOWS:
COMMENCE AT THE NORTHWEST CORNER OF LOT E, CHASE AND COMPANY'S SUBDIVISION OF WAGNER, ACCORDING TO
THE PLAT THEREOF AS RECORDED IN PLAT BOOK 6, PAGE 64, OF THE PUBLIC RECORDS OF SEMINOLE COUNTY,
FLORIDA; THENCE SOUTH 06'55'04" EAST ALONG THE WEST LINE OF SAID LOT E, A DISTANCE OF 1100.73 FEET TO A
POINT ON THE BASELINE OF SURVEY OF STATE ROAD 434 ACCORDING TO THE F.D.O.T. RIGHT OF WAY MAP SECllON
NUMBER 77070-2516; THENCE NORTH 83'50'23" EAST ALONG SAID BASELINE OF SURVEY, A DISTANCE OF 390.41
FEET; THENCE DEPARllNG SAID BASELINE OF SURVEY RUN SOUTH 07'01'30" EAST A DISTANCE OF 24.39 FEET;
THENCE NORTH 83'51'32" EAST A DISTANCE OF 168.42 FEET TO THE WEST LINE OF THE EAST 253.6 FEET OF SAID
LOT 9, BLOCK 0; THENCE SOUTH 07'00'49" EAST ALONG SAID WEST LINE A DISTANCE OF 83.96 FEET TO THE
SOUTHERLY RIGHT OF WAY LINE OF SAID STATE ROAD 434; THENCE NORTH 83'53'25" EAST ALONG SAID SOUTHERLY
RIGHT OF WAY LINE OF STATE ROAD 434, A DISTANCE OF 14.44 FEET TO THE POINT OF BEGINNING; THENCE
CONllNUE NORTH 83'53'25" EAST, 24.05 FEET; THENCE SOUTH 02'29'43" EAST, 43.08 FEET; THENCE NORTH
82'58'59" EAST, 406.27 FEET; THENCE SOUTH 07'01'01" EAST, 24.00 FEET; THENCE SOUTH 82'58'59" WEST, 408.17
FEET; THENCE SOUTH 02'29'43" EAST, 51.35 FEET; THENCE SOUTH 06'02'07" EAST, 32.74 FEET; THENCE SOUTH
08'21'26" EAST, 35.53 FEET; THENCE SOUTH 07'09'15" EAST, 170.25 FEET; THENCE SOUTH 82'50'45" WEST, 24.00
FEET; THENCE NORTH 07'09'15" WEST, 170.00 FEET; THENCE NORTH 08'21'26" WEST, 3.93 FEET; THENCE SOUTH
82'59'15" WEST, 5.34 FEET; THENCE NORTH 07'00'49" WEST, 24.00 FEET; THENCE NORTH 82'59'15" EAST, 4.77 FEET;
THENCE NORTH 08'21'26" WEST, 7.83 FEET; THENCE NORTH 06'02'07" WEST, 33.96 FEET; THENCE NORTH 02'29'43"
WEST, 117.72 FEET TO THE POINT OF BEGINNING.
SAID LANDS LYING IN SEMINOLE COUNTY, FLORIDA, CONTAINING 0.424 ACRES MORE OR LESS.
SURVEYOR'S NOTES:
1. THIS IS NOT A BOUNDARY SURVEY.
2. THE BEARINGS SHOWN HEREON ARE BASED ON THE
SOUTHERLY R/W LINE OF SR 434 AS SHOWN ON SR
R/W MAP SECllON 77070-2516, PAGE 3 OF 13 BEING
N83'53'25"E.
3. SUBJECT TO EASEMENTS AND/OR RIGHTS OF WAY
OF RECORD.
LEGEND:
R/W = RIGHT OF WAY
P.O.C. = POINT OF COMMENCEMENT
P.O.B. = POINT OF BEGINNING
PB = PLAT BOOK
PG = PAGE
ORB = OFFICIAL RECORDS BOOK
NO. = NUMBER
ESMT. = EASEMENT
SR = STATE ROAD
SHEET 1 OF 2
PROJECT NUMBER: 01087
DRAWING No: 01087SK03
DATE: 06/02/05
.
REVISED:
A L D II, INC.
5850 LAKEHURST DRIVE STE 150-33
ORLANDO, FLORIDA 32819 (407)352-7181
S 06'55'04" E (W. line lot E)
1100.73'
~N 83'50'23" E (Baseline of Survey)
390.41' (SR 434)
S 07"01' 30" E
~ 24.39' ----
--
N 83'51 '32" E - - - - - - -
~ 168.42' _ _- --- - 434 lit. 1'10.419
_ _ _ _ _ _____ it. RO~O NO. pG 1196
S 07"00'49" E Sitf#lT~'t4G pER OR~ 'ii:O Rf#l ~AP
\/ 83.96' ~1~"'16. pG , af "
\ . .,..,.,.' E - - -.
/ 14.44' 4~4 1'1 83'53'25" E_ - - - - --
\ {, L!-L~~ ~ - - -8~itiG\a;;siS
L:. - \
\ N 82"58'59" E 406C.2C7' 55 E5M1.
P .0.8. \ DDOPQ5EO Po.
L14 ' l' ~59"'" 408.17
\ ~ 82'58
253.6 \
WEST UNE OF \
lHE EAST 25~.6' \
\
\
\
~ ~ \
L8 \ CJ LOT 9, BLOCK "0" \
J:" DR. MITCHELL'S SURVEY OF lHE LEVY GRANT \
i () l/I PLAT BOOK 1, PAGE 5 \
o () o~ \
~~ ~ l~
'8": <.f) U. U!. \
.(JI (j) .
~ l'1 \
\ ~ \
\ ~ \
\ :-\ \
LOT 9, BLOCK "0" \ L7
DR. MITCHELL'S SURVEY \
OF lHE LEVY GRANT
PLAT BOOK " PAGE 5
~
\ '&.~
l'1
\ \0
..~
\ ~M
\ t Q
-<;0
\ ~
\
\
\ STONE CABLE
\ PLAT BOOK 54, PAGE 14
\
\
\
LOT 8, BLOCK "0" \
DR. MITCHELL'S SURVEY OF lHE LEVY GRANT
PLAT BOOK " PAGE 5 \
\
LINE TABLE \
-~
'SKETCH OF DESCRIPTION
P.O.C.
. '
NW CORNER, LOT E
CHASE AND CQUPANV'S
SUBDIVISION OF WAGNER
PB 6, PG 64
UNE
U
L2
L3
L4
L5
L6
L7
L8
L9
Uo
L11
U2
U3
U4
..
L3
BEARING
N 83'53'25" E
S 02'29'43" E
S 07'01'01" E
S 02'29' 43" E
S 06'02'07" E
S 08'21'26" E
S 82'50' 45" W
N 08'21 '26" W
S 82'59'15" W
N 07"00' 49" W
N 82'59'15" E
N 08'21'26" W
N 06'02'07" W
N 02'29'43" W
A L D II. INC.
5850 LAKEHURST DRIVE 8TE 150-33
oRLANDO, FLORIDA 32819 (407)352-7181
1" -
100'
LENGTH
24.05
43.08
24.00
51.35
32.74'
35.53
24.00
3.93
5.34
24.00
4.77
7.83
33.96
117.72
PROJECT NUMBER: 01087
DRAWING No: 01087SK03
DATE: 06/02/05
.
REVISED: