Resolution No. 22-15RESOLUTION NO. 22-15
A RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA APPROVING AND ACCEPTING
THE ACCESS AND DRAINAGE EASEMENT AGREEMENT FROM WELLS FARGO BANK,
NATIONAL ASSOCIATION, FOR A PERPETUAL NON-EXCLUSVIE EASEMENT FOR DRAINAGE
AND RELATED PURPOSES, SUBJECT TO THE TERMS THEREIN; AUTHORIZING THE MAYOR
TO EXECUTE THE EASEMENT AGREEMENT.
WHEREAS, the City is currently improving its stormwater and drainage system in the areas north
of Atlantic Boulevard and lying between Royal Palms Avenue and Aquatic Drive; and
WHEREAS, as part of these improvements, expanded easement areas in the Atlantic Village
shopping area are necessary; and
WHEREAS, the City requested and Wells Fargo Bank has agreed to grant to the City a perpetual
non-exclusive easement for drainage purposes and related purposes, subject to the terms therein.
NOW THEREFORE, be it resolved by the City Commission of the City of Atlantic Beach, Florida, as
follows:
SECTION 1. The City Commission hereby approves and accepts the Access and Drainage
Easement Agreement ("Wells Fargo Easement") as set forth in Exhibit A, attached hereto and made a
part hereof.
SECTION 2. The Mayor is hereby authorized to execute the attached Wells Fargo Agreement and
such other documents as may be necessary to effectuate the purpose of this Resolution.
SECTION 3. This Resolution shall take effect immediately upon its passage and adoption.
PASSED AND ADOPTED by the City of Atlantic Beach, this lYA day ofF&b , 2022.
Ellen Glasser, Mayor
Attest:
Donna L. Bartle, City Clerk
Approved as to form and correctness:
_AvGA ✓C'� �_�
Br nna . Durde , Attorney
01599919-1
This Instrument Prepared By:
ACCESS AND DRAINAGE EASEMENT AGREEMENT
This Access and Drainage Easement Agreement ("Agreement") is made this day of
2021, by WELLS FARGO BANK, NATIONAL ASSOCIATION, successor by merger to American National Bank of
Jacksonville (hereinafter referred to as "Grantor") whose address is c/o Wells Fargo CPG, Attn: Property Admin.
MAC D1116 -L10 (BE#143590), 1525 West W.T. Harris Boulevard, Charlotte, North Carolina 28262, and the City
of Atlantic Beach, Florida, a municipal corporation ("Grantee"), whose address is 800 Seminole Road, Atlantic
Beach, FL 32233.
WHEREAS, Grantor is the owner of that certain real property located in Duval County, Florida, the legal
description of which is attached hereto as Exhibit "A" ("Grantor's Property"); and
WHEREAS, Grantee desires to obtain certain easement rights over a portion of the property owned by
Grantor, and Grantor has agreed to grant to Grantee an easement over the lands described in the attached
Exhibit "B" (hereinafter "Easement Area"), and as depicted in the attached Exhibit "C", for drainage purposes.
NOW, THEREFORE, for and in consideration of Ten Dollars ($10.00) and other good and valuable
consideration, the receipt and sufficiency of which are hereby acknowledged, subject to the terms and
conditions herein:
1. Grantor hereby grants to Grantee a perpetual non-exclusive easement for drainage purposes,
with full authority to access, enter upon, construct, deepen, widen, repair, replace, maintain and operate, as
Grantee may deem necessary or desirable from time to time, swales, ditches, culverts, structures, pipes and
other drainage facilities and appurtenances (the "Drainage Facilities"), over, under, across, upon and through
the Easement Area, provided that such use of the Easement Area by Grantee does not unreasonably interfere
with Grantor's use of the remainder of Grantor's Property.
2. Grantee shall have the right, but not the obligation, at Grantee's sole cost and expense, to
construct, reconstruct, inspect, alter, repair, replace, or remove any Drainage Facilities within the Easement
Area necessary to achieve its drainage control objectives, including but not limited to the construction of an
open swale and any necessary connections to other drainage facilities. After any and all construction,
reconstruction, inspection, alteration, repair, replacement, or removal of any Drainage Facilities within the
Easement Area, Grantee shall promptly remove all debris and other property, fill and level all ditches, ruts, and
depressions caused by Grantee, and restore the surface of Grantor's Property within and around the Easement
Area as near as possible to the condition existing prior to such disturbance, except as necessary to achieve
Grantee's drainage control objectives. If such area situated within the Easement Area has been improved by
pavement, landscaping, or otherwise, and Grantee has disturbed such area, Grantee shall replace such
pavement, landscaping, and other improvements with materials and species of the same type, variety, and
quality as existed prior to Grantee's construction, reconstruction, inspection, alteration, repair, replacement, or
removal; provided, however, that Grantee has no obligation to restore such pavement, landscaping, or other
improvements if such pavement, landscaping, or other improvements violated the terms of this Agreement
when installed.
0156 103 1-1
3. Grantee shall secure, maintain, and comply with all licenses, permits, and certificates relating to
or otherwise necessary or appropriate for the construction, installation, repair, replacement, and maintenance
of GRANTEE's equipment and facilities in the Easement Area.
4. Grantee shall have the right, but not the obligation, to cut and keep clear all trees and
undergrowth within the Easement Area and on lands of Grantor adjoining the Easement Area that may interfere
with the proper access, construction, operation, and maintenance of Grantee's Drainage Facilities or any part of
them.
5. Grantee agrees that it will be solely responsible for the maintenance and operation of any
Drainage Facilities it installs in the Easement Area. Grantee further agrees to keep the Easement Area free of
excessive vegetation by mowing the grass and preventing the growth of shrubs, trees, or exotic vegetation, on a
regular basis.
6. Grantee shall indemnify, hold harmless, pay, and reimburse Grantor and Grantor's agents,
employees, officers, affiliates, and representatives ("Grantee Parties") from, for, and against any and all
reasonable costs (including, without limitation, reasonable attorney fees and court costs), expenses, claims,
liabilities, causes of actions and damages related to, or in connection with, (i) the use of the Easement Area by
Grantee or agents of Grantee, or (ii) any other act or omission of Grantee or any agent of Grantee. In addition,
and in furtherance of the above indemnity, Grantee shall be responsible for, and shall reimburse Grantor on
demand for, any reasonable costs or expenses incurred by Grantor in connection with any damage caused by
Grantee or any of the Grantee Parties to Grantor's Property or any other property owned by Grantor (including
damage arising after the expiration or earlier termination of this Agreement, such as sinking of Grantor's
Property arising out of or resulting from such installation, maintenance, improvement or repair). The
indemnities set forth in this Section survive the expiration or earlier termination of this Agreement. Further, the
indemnities set forth in this Section are made expressly subject to the limitations, including without limitation,
the maximum dollar amounts set forth in Section 768.28, Florida Statutes.
7. In addition to the above requirements, Grantee shall (i) not use the Easement Area for any
purposes other than for the Drainage Facilities; (ii) not unreasonably interfere with GRANTOR's or its agents',
employees', or invitees' use and enjoyment of Grantor's Property; (iii) conduct all excavations and other
construction in the Easement Area only; (iv) not obstruct any entranceway, driveway, exit, emergency vehicle
access area, drive-thru teller lane, automatic teller machine area, or night depository area located on Grantor's
Property; (v) use its best efforts to prevent any act from occurring on or about Grantor's Property that
constitutes a nuisance; and (vii) use commercially reasonable efforts to limit construction noise during Grantor's
normal business hours.
8. Grantor reserves the right and privilege to use the Easement Area for such other purposes
except as herein granted or as might unreasonably interfere or be inconsistent with the rights of the Grantee
granted herein. All fencing or other improvements erected adjacent to the Easement Area by Grantor, after the
effective date of this Agreement, if any, shall be constructed to ensure Grantee's access rights described above.
9. This Access and Drainage Easement shall run with the land and encumber the Easement Area
and shall be binding upon the Grantor and its successors and assigns, Grantor and Grantor's successors and
assigns retain the right to grant additional rights through, on, over, and under the Easement Area to the extent
that such rights do not unreasonably interfere with the rights of Grantee hereunder.
[Signatures Begin Next Page]
01;6103:-1 2
This Access and Drainage Easement Agreement Is made and executed bythe Grantorthis 10 day of
2021.
WfTNSES
Printed Name:.
Printed Name:-- tc
STATE OF NORTH CAROLINA
COUNTYOF BUNCOMBE
TOR.
�\ Jbni rie Lawler, Vice President
The foregoing instrument was acknowledged before mebymeansof0 Physical presenceor0 online
notarization, this) o dayof -.N rerv.h..,4 , 2021, byJoni Marie Lawler, Vice President, who is personally
known tome or has produced r3c car: ,ct L� canes as identification.
(SEAL) �
SZ21c
NOTARYPIiBLIC State of North
. Carolina
F—,:u.nC5:0ffi Print Name: & .4onnah L tt,'9 sYUA j _
�•�""11 �� Jae iaG��
W561011 1
This Access and Drainage Easement Agreement is hereby accepted, made and executed by the Grantee this
day of 2021.
WITNESSES GRANTEE: CITY OF ATLANTIC BEACH, FLORIDA
Ellen Glasser, Mayor
Printed Name:
Printed Name:
STATE OF FLORIDA
COUNTY OF DUVAL
The foregoing instrument was acknowledged before me by means of ❑ physical presence or ❑ online
notarization, this day of 2021, by Ellen Glasser, Mayor, who is personally known
to me or has produced as identification.
(SEAL)
NOTARY PUBLIC, State of Florida
Print Name:
0156W, i-1 4
EXHIBIT "A"
GRANTOR PROPERTY
LEGAL DESCRIPTION
Real Estate Parcel No. 177602-0100
01561031-1
EXHIBIT "B"
DRAINAGE EASEMENT AREA
LEGAL DESCRIPTION
PERPETUAL EASEMENT:
COMMENCING FROM THE SOUTHWEST CORNER OF A PARCEL BEING RECORDED IN OFFICIAL RECORDS
BOOK 5683, PAGE 362 OF THE PUBLIC RECORDS OF DUVAL COUNTY, FLORIDA, LYING ON THE EASTERLY
RIGHT OF WAY OF AQUATIC DRIVE (A 50' RIGHT OF WAY LINE), ALSO BEING THE POINT OF BEGINNING;
THENCE CONTINUE ALONG SAID RIGHT OF WAY LINE N 7° 07'32" W, 142.70 FEET; THENCE CONTINUE
ALONG SAID RIGHT OF WAY N 11° 34'00" W, 26.69 FEET; THENCE DEPARTING SAID RIGHT OF WAY N
78° 26'00" E ALONG THE SOUTH LINE OF THOSE LANDS IN OFFICIAL RECORDS BOOK 8130, PAGE 2297,
50.00 FEET; THENCE S 11° 34'00" E, 28.63; THENCE S 7' 07' 32" E, 78.75 FEET; THENCE S 15° 24,39" E,
73.65 FEET TO A POINT ON THE NOTHERLY RIGHT OF WAY LINE OF ATLANTIC BOULEVARD (A VARIABLE
WIDTH RIGHT OF WAY); THENCE S 89'27'08" W ALONG SAID RIGHT OF WAY, 61.01 FEET TO THE POINT
OF BEGINNING.
CONTAINS 9,091 SQUARE FEET, MORE OR LESS
EXHIBIT "C"
DRAINAGE EASEMENT AREA
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