WF Access & Drainage Easement Agreement (01620277xBA9D6)Doc #2022064360,OR BK 20179 Page 61
Number Pages:7
Recorded 03/10/2022 08:36 AM,
JODY PHILLIPS CLERK CIRCUIT COURT DUVAL
COUNTY
RECORDING $61.00
DEED DOC ST $0.70
This Instrument Prepared By:
Brenna M.Durden,Esq.
Lewis,Longman &Walker,P.A.
245 Riverside Avenue,Suite 510
Jacksonville,FL 32202
ACCESS AND DRAINAGE EASEMENT AGREEMENT
This Access and Drainage Easement Agreement ("Agreement")is made this day of F-ehr lAeZriA .
2022,by WELLS FARGO BANK,NATIONAL ASSOCIATION,successor by merger to American National BanlJof
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:
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.
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.
1.
2.
01561031-1
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'sequipmentand facilities in the EasementArea.
Grantee shall have the right,but not the obligation,to cut and keep clear all trees and
undergrowth within the EasementArea and on lands of Grantor adjoining the Easement Areathat may interfere
with the proper access,construction,operation,and maintenance of Grantee's Drainage Facilities or any part of
them.
3.
4.
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 preventingthe growth of shrubs,trees,or exotic vegetation,on a
regular basis.
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 G rantor 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 G ranter'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,th e
indemnities set forth in this Section are made expressly subject to the limitations,inclu ding without limitation,
the maximum dollar amounts setforth in Section 768.28,Florida Statutes.
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 veh icle
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.
6.
7.
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.
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 underthe EasementArea to the extent
that such rights do not unreasonably interfere with the rights of Grantee hereunder.
8.
9.
[Signatures Begin Next Page]
201561031-1
This Access and Drainage Easement Agreement is made and executed by the Grantorthis I 0 day of
Ao^e-r^v^>e„/r .2021.
WITNESSES TOR:
4Mm t'hlr tr,
r~
Joni Marie Lawler,Vice President
Printed Name:1
Printed Name:
STATE OF NORTH CAROLINA
COUNTY OF BUNCOMBE
The foregoing instrumentwas acknowledged before me bymeansof|3 physical presence or Q online
notarization,thisi£ day of ifW-e^w\r>*f .2021.byJoni Marie Lawler,Vice President,who is personally
known to me or has produced Klc.L as identification.
(SEAL)
Susannah L.Haskell
Notary Public
ni infnmbe County,NC
NOTARYPUBLIC,State of North Carolina
Print Name:Su^innn-W ctf^slCUl
re.S
ov j D£>3
res .«=>r>
301561031-1
This Access and Drainage Easement Agreement is hereby accepted,made and executed by the Grantee this
33™day of feh'ti&r ij 2022.
GRANTEE:CITV OF ATLANTIC BEACH,FLORIDAWITNESSES
_
Ellen Glasser,Mayor
Printed Name:
Printed Name:'
STATE OF FLORIDA
COUNTY OF DUVAL
physical presence or online
,2022,by Ellen Glasser,Mayor,who is personally known
as identification.
The foregoing instrument was acknowledged before me by means of
notarization,this day of^i .
to me or has produced N'/fr J
(SEAL)
NOTARY PUBLIC,State of Florida _
Print Name:
LADAYUA NICHOLS
MY COMMISSION #HH 226065
EXPIRES:February 8.2026
401561031-1
EXHIBIT "A"
GRANTOR PROPERTY
Legal Description
Real Estate Parcel No.177602-0100
A PART OF THE CASTRO Y FERRER GRANT,SECTION 38,TOWNSHIP 2 SOUTH,RANGE 29 EAST,
DUVAL COUNTY,FLORIDA MORE PARTICULARLY DESCRIBED AS FOLLOWS:FOR A POINT OF
BEGINNING COMMENCE AT THE INTERSECTION OF THE NORTHERLY RIGHT OF WAY LINE OF
ATLANTIC BOULEVARD,STATE ROAD NO.A-l-A AND NO.10,AS NOW ESTABLISHED AS A 100
FOOT RIGHT OF WAY,WITH THE EASTERLY RIGHT OF WAY LINE OF AQUATIC DRIVE,AS
ESTABLISHED AS A 60 FOOT RIGHT OF WAY BY OFFICIAL RECORDS VOLUME 3278,PAGES 176
AND 177 OF THE CURRENT PUBLIC RECORDS OF SAID COUNTY;THENCE N.07°16'02"W.,ALONG
SAID EASTERLY RIGHT OF WAY LINE OF AQUATIC DRIVE,A DISTANCE OF 142.05 FEET;THENCE
N.11°42'30"W.A DISTANCE OF 18.16 FEET;THENCE N.89°18'38"E.A DISTANCE OF 201.42 FEET;
THENCE S.07°16'02"E.A DISTANCE OF 160.00 FEET TO SAID NORTHERLY RIGHT OF WAY LINE OF
ATLANTIC BOULEVARD;THENCE S.89°18'38"W.,ALONG SAID NORTHERLY RIGHT OF WAY LINE
OF ATLANTIC BOULEVARD,A DISTANCE OF 200.00 FEET TO THE POINT OF BEGINNING.
CONTAINING 0.73 ACRES MORE OR LESS.
501561031-1
EXHIBIT "B"
DRAINAGE EASEMENT AREA
Legal Description
PERPETUALEASEMENT:
COMMENCING FROM THESOUTHWEST CORNER OF A PARCELBEING RECORDED IN OFFICIAL RECORDS
BOOK 5683,PAGE 362 OFTHE PUBLIC RECORDS OF DUVALCOUNTY,FLORIDA,LYING ON THE EASTERLY
RIGHTOF WAY OF AQUATIC DRIVE(A50'RIGHTOF WAY LINE),ALSO BEING THE POINTOF BEGINNING;
THENCE CONTINUE ALONG SAID RIGHTOF WAY LINEN 7°07'32"W,142.70 FEET;THENCE CONTINUE
ALONG SAID RIGHTOF WAY N 11°34'00"W,26.69 FEET;THENCE DEPARTING SAID RIGHTOF WAY N
78°26'00"E ALONGTHE SOUTH LINEOF THOSE LANDS IN OFFICIAL RECORDS BOOK 8130,PAGE2297,
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 POINTON THE NOTHERLY RIGHTOF WAY LINE OF ATLANTIC BOULEVARD (A VARIABLE
WIDTH RIGHT OF WAY);THENCE S 89°27'08"W ALONG SAID RIGHTOF WAY,61.01 FEETTOTHE POINT
OF BEGINNING.
CONTAINS 9,091 SQUARE FEET,MORE OR LESS
601561031-1
EXHIBIT "C"
DRAINAGE EASEMENT AREA
MAP SHOTTING SKETCH &DESCRIPTION or
AQUATIC DRIVE DRAINAGE EASEMENT
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