HomeMy WebLinkAboutMisc Letters, easement 'I
JOSEPH E. SMITH, CLERK OF THE CIRCUIT COURT - SAINT LUCIE COUNTY
FILE # �385032 'OR 3123 PAGE 1925, Recorded 09/02/20 t 04:15 PM
Doc Tax: $0.70
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EASEMENT AGREEMENT
This agreement is made this 12th day of August,2009 by and between BMA,LLC,
a Florida limited liability company("BMA")and MARIA INFANTE('Infante").
WHEREAS,BMA is the owner of that property which is more particularly
described as:
(A)Lots 2, 3, 5,6,7, and 8, Block 2,of the Plat of McNurlen Farms,according to
the Plat thereof,as recorded in Plat Book 4, Page 56,in the Public Records of St.
Lucie County, Florida, and(B) the South%of the SW%of the SW%of Section
17,Township 35 South, Range 39 East, less and except the West 44 feet
thereof, all lying and being in St. Lucie County,Florida which is located in St.
Lucie County, Florida(collectively"BMA Property")which property is adjacent to
or within close proximity to the following described property:
Lots 1 and 4, Block 2,of the Plat of McNurlen Farms,according to the Plat
thereof,as recorded in Plat Book 4,Page 56,in the Public Records of St. Lucie
County, Florida(collectively"Infante Property");and
WHEREAS,the parties are desirous of creating the easements that are more
particularly described in and arise under this instrument which easements burden,
benefit or otherwise affect the BMA Property and the Infante Property in the manner set
forth herein.
NOW,THEREFORE,for and in consideration of the sum of$10,00 the mutual
promises contained herein and for other good and valuable consideration,the receipt
and sufficiency of which is hereby acknowledged,the parties agree as follows:
1. Ingress/Egress and Drainage and Utilities Easement Benefiting BMA.
Infante hereby grants BMA a non exclusive, perpetual easement that is appurtenant to
the BMA Property for the benefit of BMA, its successors in interest and in title, assigns,
licensees,tenants and invitees over the south 50 feet of Lot 4 of the Infante Property
which easement area is described and depicted in the sketch of description and legal
description which is attached hereto as composite Exhibit A for(a)ingress and egress
for pedestrian and vehicular access,ingress and egress which shall include the right to
enter upon,travel across and(b)for drainage and irrigation of the BMA Property which
shall include the right to install, maintain and replace piping,lines,control structures and
any other components that may be necessary or desirable to effectuate drainage and
irrigation of the BMA Property as it now exists or may hereafter be improved and used
and(c) for any type or nature of utilities that may now or hereafter service the BMA
Property and which may be now or hereafter installed, maintained, repaired and
replaced.
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OR BOOK 3123 PAG1926
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2. Ingress/Egress and Drainage Easement Benefiting Infante. BMA hereby
grants Infante a non exclusive, perpetual easement that is appurtenant to the Infante
Property for the benefit of Infante,its successors in interest and in title, assigns,
licensees,tenants and invitees over all portions of the easement areas that are located
on the BMA Property that are described and depicted in the sketch of description and
legal description which is attached hereto as composite Exhibit A for(a)ingress and
egress for pedestrian and vehicular access,ingress and egress which shall include the
right to,enter upon,travel across and(b)for drainage of the Infante Property which shall
include the right to install,maintain and replace piping, lines,control structures and any
other components that may be necessary or desirable to effectuate drainage of the
Infante Property as it now exists or may hereafter be improved and used.
3. Temporary Well Use/Water Drawing Rights. The parties acknowledge
that there is an approximately six inch flow well that is located within the easement
areas depicted on Exhibit A hereto which flow well is approximately located in the
southeast corner of lot 3, block 2,Plat of McNurlen Farms,according to the plat thereof
as recorded in Plat Book 4, Page 56,of the public records of St. Lucie County, Florida.
BMA hereby grants a temporary license to Infante to draw water from said well for the
sole and exclusive purpose of watering livestock that is being grazed upon the Infante
Property. This license is a temporary license and shall automatically terminate on the
date that is the sooner of the date that BMA closes upon the sale of Lot 3 to a third party
or one(1)year from the date hereof. BMA makes no representation or warranty
concerning the quality of the water that is now or hereafter produced by said well nor
the ability of said well to continue to produce water at anytime in the future.The
foregoing license shall be a non exclusive license that is subject to the draw rights and
on going well and water usage by BMA during the term that said license exists.
4. Maintenance of Easement Areas. BMA shall have the ongoing obligation,
at BMA's expense to mow and otherwise maintain the easement areas depicted on
Exhibit A and the drainage swales and ditches located within or on the easement areas
that are depicted on Exhibit A,which shall specifically include the easement area which
is located on the south 50 feet of Lot 4 of the Infante Property. Such mowing and
maintenance shall be performed at such times and in such manner as is necessary for
such drainage swales and ditches to continue to effectively function in the manner that
they are now functioning.
5. Noninterference. BMA shall not anytime erect any landscaping, barricade,
fence or other structure or physical barrier in the south 50 feet of Lot 4 of the Infante
Property. BMA shall not at any time, modify the easement areas depicted on Exhibit A
hereto in a manner that materially affects in an adverse manner,the ability of Infante to
have ingress and egress to the Infante Property or to drain the Infante Property into
those portions of the Exhibit A easement areas that are now located in the south 50 feet
of Lot 4 and the south 20 feet of Lot 2 and Lot 3.
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OR BOOK 3123 PAGE 1927
6. Culvert Replacement. The parties acknowledge that physical ingress and
egress,to all or significant portion of the BMA Property and the Infante Property is from
Brocksmith Road and requires the crossing of Canal No. 53 which is immediately
adjacent to Brocksmith Road and that the ability to cross the canal is dependent upon,
the existence of a culvert across said canal. The parties agree that in the event
replacement of the culvert becomes necessary due to physical deterioration or in order
to comply with the requirements of any regulatory agency or governmental body having
jurisdiction over the canal and/or the culvert,the cost of such culvert replacement shall
be borne on a pro rata basis by the owners of Lots 1 through 8 of Block 2, McNurlen
Farms and that the owner of each lot shall contribute one eighth (1/8th) of all such
expense upon demand by any owner of any of Lots 1 through 8 that undertakes the
replacement of said culvert. Said funds shall be contributed prior to the commencement
of the culvert replacement to an escrow account held by a Florida licensed title
insurance company or attorney in good standing with the Florida Bar and any
noncontributing land owner shall be liable for such lot owner's appropriate contribution
for the cost of such culvert replacement which contribution may be collected by legal
process through the courts of St. Lucie County, Florida and the prevailing party in any
such suit shall have the right to recover all costs and attorney fees incurred in
connection with such suit.
SIGNATURE PAGES ATTACHED
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OR BOOK 3123 PAGE 1928
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Signed,sealed and delivered
In the presence of:
BMA, LLC,a Florida limited liability
company 0
�5 BY:
S Eu>i N6 ro William A. Solomon,Manager
STATE OF FLORIDA
COUNTY OF ST. LUCIE The foregoing instrument was acknowledged before me this��day of August,2009 by
William A.Solomon,as Manager of BMA, LLC,a Florida limited liability company,on
behalf of said company, ersonall known to me or has produced
as identifica o .
Notary Publicu State o lorida
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OR BOOK 3123 PAGE 1929
Signed,sealed and delivered
In the presence of:
Fi,�� onsri U� Maria Infante
�cG�el(e.
STATE OF FLORIDA
COUNTY OF ST. LUCIE
The foregoing instrument was acknowledged before me this day of August,2009 by
M ria Infante,who is personally known to me or has produced
�or da. , I I as identification.
Notary Public— to of Flor'
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Stacy Ewing Consalvo
Commission#DD547030
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1 BOnd•d T.,F—. r3nGa Ine 900.3857019
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OR BOOK 3123 PAGE 1930
LEGAL DESCRIPTION
FOR
INGRESS/EGRESS AND
DRAINAGE EASEMENT
LEGAL DESCR/PT/ON:
A PORTION OF LOTS 1, 2, 3, 4, 5, 6, 7, AND 8 OF BLOCK 2, PLAT OF
MCNURLEN FARMS, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT
BOOK 4, PAGE 56 IN THE PUBLIC RECORDS OF ST.. LUCIE COUNTY, FLORIDA.
BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
THE SOUTH 50 FEET OF LOT 4, THE SOUTH 50 FEET OF LOT 3, THE EAST
20 FEET OF LOTS 2, J, 6, AND 7, AND THE EAST 90 FEET OF THE SOUTH
75 FEET OF LOT 3, AND THE NORTH 20 FEET OF THE EAST 90 FEET OF
LOT 6, ALL LYING AND BEING IN SAID BLOCK 2 THEREOF.
TOGETHER WITH A PORTION OF THE NORTHWEST 114 OF SECTION 20,
TOWNSHIP 35 SOUTH, RANGE 39 EAST, BEING DESCRIBED AS FOLLOWS:
THE EAST 20 FEET OF THE WEST 658.96 FEET OF THE NORTH 25 FEET OF
SAID NORTHWEST 114 OF SECTION 20.
CONTAINING: 155470.28 SQUARE FEET.
NOTES•
1. THIS SKETCH OF LEGAL DESCRIPTION DOES NOT REPRESENT
A BOUNDARY SURVEY.
SUP!&ws CERTIF/CATom
/ HEREBY CERT/FY THAT THE "SKETCH TO ACCOMPANY LEGAL DESCRIPTION"
WAS PREPARED UNDER MY RESPONS/BL E CHARGE AND MEETS THE MINIMUM
TECHNICAL STANDARDS AS SET FORTH BY THE FLORIDA BOARD OF PROFESSIONAL
LAND SURVEYORS AND MAPPERS IN CHAPTER 61G17-6, FLORIDA STATUTES,
AND THAT IT /S TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE AND
BELIEF. NOT VALID W/THOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL
OF A FL OR/DA LICENSED SURVEYOR AND MAPPER.
ROBERT'SLOOMSTE JR.
PROFESSIONAL LAND SURVEYOR
NO. 4134 STATE OF FLORIDA NOT VALID iff7H0UT SHEET 2 OF 2
BLOOMSTER �'� ' OFz
PROFESSIONAL LAND °A7 FiL °J/21
SUR�YORS,INC, MiaR�s
AnM ADD W LOT a
791 NORTHEAST DIRE HIGHWAY r�M a�no L°Nwmu
JENSEN BEACH, FLORIDA 34957
PHONE 772-334-0868
"A I, SAFTCX TO ACCOMPANY LOCAL DESCRIPTION
CPQGJ I D P A PREPA
L REDCA FOR: MARK WALTERS do CO.
S1 IFBROCK-WITH ROAD, ST. LUCI£COUNTY, FLORIDA
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OR BOOK 3123 , PAGE 1931
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NORTH ST.L�CIEE&S WATER MANAGEMENT i
U/STRICT CANAL Na 5f
• NW CORNER SECTION 20-J9-J5
PLIL177ER ROAD 15'ROAD R/W(PER PLA7)
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LOT 7 I LOT 6 LOT J I LOT 2 a � ADDl710NAL LANDS
BLOCK 2 BLOCK 2 BLOCK 2 BLOCK 2 x � BENERMED
t� TO B£NALL ND
2 ax
a Z a W
50' yy ^� < H••
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4
21'
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LOT B I LOT 5 LOT 4 LOT 1
BLOCK 2 1 BLOCK 2' BLOCK 2 1 BLOCK 2
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15'ROAD R (PER PUTJ
R/W-RIGHT OF WAY
CANAL /5 J(R/W PER PLA T)
BROCKSM17H ROAD
(50'R/W,PER PUT)
SHEET 2 OF 2 (NOT TO SCALE
NOT VALID WITHOUT SHEET 1 0 2
SKETCH OF DESCRIPTION BLOOMSTER
FOR PROFESSIONAL LAND
INGRESS/EGRESS AND SURIYORSGMsNC.
DRAINAGE �EASEMENT JENN NORTHEAST IE HIGHWAY
SEN BEACH, FLORIDAR 34957
PHONE 772-334-0868
EXtiI��-� �►�,, P e � �fa
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