The URL can be used to link to this page

Home My WebLink AboutMNH Enterprises, Inc.-Easement Agreement- 2006 04 06 111111111111111111111111111111111111111111111111111111111111 . ~ RECEIVED @prepared by and return to: City of Winter Springs, Attn: City ManageAPR 2 7 2006 1126 East S.R. 434 Winter Springs, FL 32708 CITY OF WlNTER SPRINGS Finance Department MARYANNE MORSE, CLERK OF CIRCUIT COURT SEMINOLE COUNTY 8K 06209 Pgs 1857 - 1861; (5pgl) CLERK'S # 2006062915 RECORDED 04/19/2006 03100106 PM DEED DOC TAX 0.70 RECORDING FEES 44.00 RECORDED BY H Bail.y PUBLIC UNDERGROUND UTILITY EASEMENT THIS EASEMENT is made this 6th day of April, 2006 By: MNH Enterprises. Ine Having a mailing address of: 1101 N Maitland Ave. Maitland. Florida 32751 (hereinafter called "Grantor") in favor of the CITY OF WINTER SPRINGS, FLORIDA, a Florida Municipal Corporation, having a mailing address of 1126 East State Road 434, Winter Springs, FI 32708 ("Grantee"). WITNESSETH WHEREAS, Grantor is the sole owner of certain real property located within the City of Winter Springs at 430 Sheoah Blvd. Winter Sprines . Florida 32708 : and WHEREAS, Grantor desires to convey an underground utility easement over, under, and across a portion of its real property, as legally described herein, for purposes of allowing Grantee ingress and egress to operate and maintain certain public improvements and other incidental appurtenances and accessories related to the public utilities needed to service the property more specifically, to provide for underground water: and WHEREAS, Grantor, as fee simple owner of the easement property, also agrees to assist Grantee in obtaining any local, state, or federal permits required to maintain the public improvements and any other incidental appurtenances and accessories thereto: and WHEREAS, Grantor and Grantee believe that this public improvement easement is in the best interest of the public health, safety, and welfare of the citizens of Winter Springs and Seminole County NOW, THEREFORE, in consideration of the enumerated public 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, Grantor provides as follows: 1) Recitals. The foregoing recitals are hereby incorporated herein by this reference. 2) Grant of Easement. Grantor hereby voluntarily grants and conveys to Grantee, successors, and assigns, subject to any previous duly recorded easements or grants of record, public access and improvements and maintenance easement over, under, and across the real property described as follows: A portion of tract E, The Highlands section Three, City of Winter Springs, as recorded in the plat book 17, pages 48 and 49, public records of Seminole County, Florida. Refer to the attached legal descriptions for utility easements A, B, C, and D. (Hereinafter the "Property") of the nature and character and to the extent hereinafter set forth ("Easement"). 3) Purpose of Easement. It is the express purpose of this Easement to provide Grantee unconditional ingress and egress to operate and maintain public utilities over, under and from the Property for the purposes stated herein. 4) Ri2hts of Grantee. To accomplish the purposes stated above, and at Grantee's expense, the following rights are conveyed the Grantee by this easement: a. To use the Property for ingress and egress and to construct, operate, and maintain public improvements over, under, and across the Property for the benefit of the public; and b. To prevent any activity on 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 damaged by an inconsistent activity or use; and c. To grant nonexclusive easements or licenses to any third party public or private utility for the purposes stated herein; and d. To cut, trim, and keep clean such trees, brush, and undergrowth that might hinder or prohibit the use of the Property; and e. To take any civil action deemed necessary, at the Grantee's sole and absolute discretion, to protect and preserve the Easement granted hereunder. 2 5) Permits. The parties acknowledge that certain local, state, and federal permits may be required from time to time for purposes of constructing, operating, and maintaining the public improvements and other incidental appurtenances and accessories referred to herein. Grantor, as fee simple owner of the Property, hereby agrees to allow Grantee, at Grantee's expense, to make application for said permits and also agrees to join in any said permit (as signatory or otherwise) when required by any permitting agency for issuance ofthe permit. Notwithstanding, 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 construction, operation, and maintenance of the public improvements and other incidental appurtenances and accessory structures. 6) Easements Run with the 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 of the Property relating to this easement, even though conveyance makes no reference to this Easement as such. 7) Attornev's Fees. In the event of any legal action arising under this Easement between the parties, the parties agree to incur their own attorney's 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, Florida and may re-record it at any time as may be required to preserve its rights in this Easement. 9) 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 with the Property. 10) Grantors Representations and Warranties. Grantor hereby agrees and makes the following representations and warranties to Grantee: a. Grantor is lawfully seized of said Property in fee simple and has 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. Grantor shall pay any and all taxes that are levied on the Property, from time to time, as said taxes and assessments come due. 3 d. Grantor hereby warrants the title to the Easement granted hereunder over, under, and across the Property and will defend the same against lawful claims of all persons whomever. 11) Grantee's Rie:ht to Seek Eauitable Relief. Grantor agrees, acknowledges and recognizes that any breach of this easement by Grantor would result in irreparable harm to Grantee and the public, and accordingly, Grantor agrees that in addition to and not in lieu of all legal and equitable remedies available to Grantee by reason of such breach, Grantee shall be entitled to equitable relief (including, without limitation, specific performance and injunctive relief) to enjoin the occurrence and continuation of the breach. 12) Entire Ae: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 Easement shall be governed by the laws of Florida. 13) Sovereie:n Immunitv. Nothing contained in this Easement shall be construed as a waiver of the Grantee's right to sovereign immunity under Section 768.28, Florida Statutes, or other limitations imposed on the Grantee's potential liability under state or federal law. 14) Modifications. This Easement shall only be modified by a written instrument executed by the parties hereto or any successor, assigns heirs, or representatives thereto. 15) Grantors Dutv of Noninterference. Grantor agrees not to interfere or allow others to interfere with Grantee's rights to use the Property as specifically set forth herein. Grantor agrees not to permit or allow the construction or erection of any building or structure on the Property without prior written consent of the Grantee. 16) Termination. The parties agree that this Easement is intended to be perpetual. However, in the event the Grantee determines, at its sole discretion, that it no longer requires the property for public improvements described herein, Grantee, at Grantor's written request, agrees to execute an appropriate written instrument to terminate this easement. IN WITNESS WHEREOF. Grantor and Grantee set their respective hands on the day and year above written. 4 ~:~ fGht Name' !iu;ah I0GtTZ~ ~~~ G)~O~) Print Name -=r"'\.F\\. LJ:l ,\nl STATE OF FLORIDA COUNTY OF SEMINOLE [) R A t't GE Theforegoing inst~ent was ~ckn~wledged sworn to before me this 7 t::..0 Day of BtlliL, 2006 by \ \ \ who i is not~ersonally kno~ to me, or has produced entification. AF/EN J. CASEY NOTARY PUB/.JC. STATE OF FLORIDA COMMISSION # 00211612 EXPIRES 08/17/2007 BONDEDTHRU l-Ba8-NOTARYl . --"".' TARY P Jl~I,IC "l~'), . ~- ~. ". ~ .... . . . .. '. ~ . >"...,. I" .. ~~':". . ... "., -J> . '. . "r'. Jt 'G: ;J 'J, .' .... , ~ . I , : .;j... ~ ~ ~". ~.z. ~, ; 1'-' ~ (1'>. .... . ,.- -.. \t. .~ . n .. UJ: 0 ~ .-c.j: j c:: n... '" ," <lIt.\ ;,~ CITY OF WINTER SP,~~~. ~~~~E~~!~;j /t././~ "- ~vv., .....~:'-_:. By: Ronald W. McLe1rlQr~' "..,_,-- "" ,,,":It. C't M ",''''' 1 Y anager STATE OF FLORIDA COUNTY OF SEMINOLE ihhe foregoing instrument was acknowledged and sworn to before me this (~~ day of '\ , 2006 by Ronald W. McLemore, City Manager of the City of Winter Springs lorida who is/is not personally known to me, or as produced as identification. NOTARY PUBLIC #':;' Andrea lorenZO-luaces 1 ~". ,: My CommiSsion 00209870 ~ ~,..df EllPfI-es M.iy 09 2007 5