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HomeMy WebLinkAboutMcGaba-Drainage Easement Agreement- 2005 04 11 '111I..". "....... .......... fJ 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 flV.4IfYANNt: MORSE, CLERK l:F CIRCUIT COORT Sl:.lUNULI: COlt{TY BK 05885 PGS 0177-0185 CLERK'S # 2005150679 Rt::CUHDtJ> 09/01/2005 03120115 PM Dt::1::D DOC TAX 0.10 Rf::CUHDIN6 FEES 78.00 Rt::0URDtD BY D Tho.., DRAINAGE EASEMENT AGREEMENT THIS DRAINAGE EASEMENT AGREEMENT is made this \ \ 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 Florida 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, on which the Grantee desires to acquire a non-exclusive drainage easement for the sole purpose of connecting to a stormwater drainage pond southeast of that real property currently contemplated by Grantor in conjunction with a commercial development on the real property commonly referred to as "Villagio"; and WHEREAS, under the terms and conditions state herein, the Grantor desires to convey a drainage easement to Grantee for purposes of allowing Grantee to construct drainage facilities on the real property; and NOW, THEREFORE, in consideration ofthe 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: 1. Incorporation of Recitals. The foregoing recitals are hereby incorporated fully herein by this reference. 2. Grant of Easement. Grantor hereby voluntarily grants and conveys to Grantee, subject to any previous and duly recorded easements or grants of record, a perpetual fifteen (15) foot non-exclusive drainage easement under, over and across the real property legally described as: Drainage Easement McGaba, LLC/City of Winter Springs Page 1 of 6 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 Grantee a non-exclusive perpetual use ofthe Easement Property for drainage purposes. It is also the express purpose ofthis Easement to provide Grantee reasonable ingress and egress to, over, across, under and from the Easement Property for the sole purpose stated herein. 4. Ril:hts of Grantee. To accomplish the purpose stated above, and at Grantor's sole expense, the following rights are conveyed to Grantee by this Easement: ( a) the right for Grantee to install, inspect, alter, improve, repair, rebuild, relocate and remove the stormwater drainage facilities and related appurtenances; (b) the right of Grantee to clear the Easement Property of trees or limbs, undergrowth and other physical objects which endanger or interfere with the safe and efficient installation, operation, or maintenance of the sanitary sewer line and related appurtenances; and (c) all other rights and privileges reasonably and customarily necessary or convenient for Grantee's safe and efficient operation, maintenance, and/or repair of the drainage facilities and related appurtenances; and 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 area; provided, however, that Grantor's use may not (i) violate any provision of this 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 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 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. 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. 8. Soverehm 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. Drainage Easement McGaba, LLC/City of Winter Springs Page 2 of6 9. Liability. Each party shall be solely responsible for the acts and omissions of their own employees, officers and contractors. 10. 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. 11. Governine Law and Venue. The parties agree that the Agreement was consummated in Seminole County, and the site ofthe Easement is in Seminole County, Florida. This Agreement shall be governed by the law of the State of Florida. Venue for all disputes shall be properly placed in Seminole County, Florida. 12. 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 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 ifmailed, on the third business day after mailing. Drainage Easement McGaba, LLC/City of Winter Springs Page 3 of 6 13. 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. 14. Permits. Grantee shall be solely responsible and liable for complying with any local, state, or federal permit requirements, obligations, and duties (if any) related to the installation, operation, maintenance, or repair ofthe drainage facilities and related appurtenances located within the Easement Property. 15. Entire A~reement. 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. [Left blank intentional, signatures next page] Drainage Easement McGaba, LLC/City of Winter Springs Page 4 of6 IN WITNESS WHEREOF, Grantor and Grantee have set their respective hands on the day and year first above written. WITNESSES: GRANTOR MCGAHA, LLC, a Florida limited liability company A~r:1A~~ Print Name: Al~Ll rlAcJLFOJP1 ~~~ Print Name: C"IJC~rrb fi'td.N~/lC~ By: ~k~ ~~Ll/od(f AHIRLEY M KERL Y Its: President STATE OF r:J..IJJ2.IIJPI ) ) ss: COUNTY OFSf'Il'lI/..lC~ ) On this I ~Tt"i dayof 1tJ>A.l L- , 2005, before me, the undersigned notary public, rsonall a eare irle Mackerly, President, McGaba, LLC, a Florida limited liability company, who are personally known to me R produced the following identification [SEAL] 1l; ~~= DD224e4O ~ 0# ,:/ Expires September 26, 2007 //Vt Notary Public, State of Florida My Commission E~ires: 9/)..6 !cPO I Serial Number: j) V ~). 4{ W) ~ Drainage Easement McGaba, LLC/City of Winter Springs Page 5 of 6 ,.. ANTHONY A. GARGANESE, City Attorney GRANTEE ........,'\ CITY O.F WINTJj:R ~r~~~~aa 11f~nicipal corporatIOn ,-\.~,,,.. .... ~ . '. 1~':~". .~t.D",~' '." . '-;t .... .- "j.. ':,.1 ,,<.. ID :0 ,.1' . :> = <.,) F. BU;S~'1\1~r')I:1.,,:. .: lu " ~'" O"M\ .",<:s' , . vl1't . _~=- '; V' ..0 .,' ~" , ',.1 . , . . . . .' .' "'. '1.1 l! ~ I, " J. /) .;) _' '. . ". ",\"\~""",,, , Drainage Easement McGaba, LLC/City of Winter Springs Page 6 of 6 , .. .' . EXHIBIT" A" Easement Property '"; ~., .J&:.1 , ' SKETCH OF DESCRIPTION DESCRIPTION: A PORTION OF LOTS 8 AND 9, BLOCK D, 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 PARTICULARLY 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 SECTION NUMBER 77070-2516; THENCE NORTH 83'50'23" EAST ALONG SAID BASELINE OF SURVEY, A DISTANCE OF 390.41 FEET; THENCE DEPARTING SAID BASELINE OF SURVEY RUN SOUTH 01'01'30" 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 D; 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 CONTINUE SOUTH 01'00'49" EAST, 822.36 FEET; THENCE NORTH 83'52'42'" EAST, 349.36 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE NORTH 83'52'42" EAST, 135.38 FEET; THENCE NORTH 01'00'49" WEST, 37.07 FEET; THENCE SOUTH 68'30'16" WEST 139.81 FEET TO THE POINT OF BEGINNING. SAID LANDS L VlNG IN SEMINOLE COUNTY, FLORIDA, CONTAINING 2509 SQUARE FEET 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 SECTION 77070-2516, PAGE 3 OF 13 BEING N83'53'25"E. 3. SUBJECT TO EASEMENTS AND/OR RIGHTS OF WAY OF RECORD. LEG END: 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 A L D II, INC. 5850 LAKEHURST DRIVE STE 150-33 ORLANDO, FLORIDA 32819 (407)352-7181 SHEET 1 OF 2 PROJECT NUMBER: 01087 DRAWING No: 01087SK05 DATE: 06/02/05 REVISED: "1 , ..... ' t . ' SKETCH OF DESCRIPTION P.O.C. S 06'55'04" E (W. line lot E) 1100.73' ti N 83'50'23" E (Baseline of Survey) 390.41' S OT01'30" E - - - - - - ~24.39' -------- _ _ - - - - - 434 & NO. 419 N83'51'32"~ -r - - - - - ~ STAlE ROAD NOciRB 2784, PG 1196 L .-+:- 168.4t tfl\ RjW T~~ :ST~~ ROM> R{; ~f CXl~\ ~S SH ^'" 77070-2516, PG 3 VI , SEClluro ioO - - --, 01_<;:\ ,434 N 83'53'25=-,E_ - - - - -- l.O.\ /""""SLY R:!!. ~ _ _ -Bv;RiNG\B~SlS +__LC-- I \ + \ _253.6'~ ~~~i~.. II \ \ \ LOT 9, BLOCK '0' \ '" DR. ~ITCHEU.'S SURVEY Of ll-tE LEVY GRANT \ \" PLAT BOOK I, PAGE 5 \ \ '" \ \ " \ \ "-.. \ \ ---- lJ)\ -.. - \ ~\ - ---- \ d ----t. <;:\ \"- ~\ \ \ ~\ \ , ~\ \ \ 01_\ \ \ \ \ \ \ \ I \ \ \ \ \ '\ \ \ I \ \ \ NOT VALID WITHOUT THE SIGNA.lYRE \ \ '\ AND THE ORIGINAL RAISF~.o':5!'AI.'''''', , _.1.- -;- 1- - OF A FLORIDA L1CENS~.rj <( r-.. Q '_ .;-}" , _ _ ~ -; -.. E - 349.36 SURVEYOR AND MA~~.....::;~~>.~,-,- - - - N 835242 P.O.B. GARY A. BURDEN ;" ~ "'t~'" '; ".'" ' ALD II, Inc. ;;: ::'" ..-;;. LICENSED BUSINEs,S1 '65~ - .;,. 'S. · :" ~ A .o~~; fJI, . / ~_..~~-.'1' "I .: '., PROFESSI NAL LAND ~'r+YEYOIi'~ r" .... ~: A L D II INC STATE OF FLORIDA, NO. '1~~~'"::''' 5850 LAKEHURST D~ S~ 150-33 SHEET 2 OF 2 'ORLANDO, FLORIDA 32819 (407)352-7181 NW CORNER, LOT E CHASE AND C~PANY'S SUBDIVISION Of WAGNER PB 6, PG 64 LOT 9. BLOCK '0' DR. lolITCHEU.'S SURVEY Of ll-tE LEVY GRANT PLAT BOOK I, PAGE 5 1 " 100' ~ l/l ~ -l -l \ tt ~ ~~ ~~(')~I'I -4~ UI(') ~ M ,.~ \ a ~M ~~ ~ \ f;,- ... \ \ \ \ LOT 8, BLOCK '0' \ DR. lollTCHELL'S SURVEY Of ll-tE LEVY GRANT \ PLAT BOOK I, PAGE 5 \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ PROPOSED DRAINAGE EASEMENT ~. \~q.~ 6 ~ ,~o\ S 6~ N 83'52' 4r E 135.38 ~ PROJECT NUMBER: 01087 DRAWING No: 01087SK05 DA TE: 06/02/05 . REVISED: