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Home My WebLink About429-Osceola Investment Company This documents prepared by and return to: James H. McNeil, Jr., Esq. Holland & Knight, LLP 200 S. Orange Avenue Suite 2600 Orlando, FL 32801 ................................................................ :--[SPACE ABOVE FOR RECORDING PURPOSES} .......................................................................... · GRANT OF EXCLUSIVE CITY SERVICES EASEMENT '~,_ THIS GRANT OF EXCLUSIVE CITY SERVICES EASEMENT ("Easement"), is given by HUNTINGTON PROPERTIES AND INVESTMENTS, INC., a Florida corporation, and OSCEOLA INVESTMENT COMPANY, INC., a Florida corporation, as Trustee, whose address is 1011 N. Main Street, Suite 6, Kissimmee, Florida 34744 ("Grantor") in favor of CITY OF WITNESSETH, that Grantor, for and in consideration of the sum of Ten and No/100 Dollars ($10.00) and other valuable consideration paid by Grantee, receipt whereof is hereby acknowledged, grants and conveys to Grantee, its successors, assigns, licenses, an exclusive perpetual easement, as described and illustrated below, which is to be under, upon, and across the property situated in or near the City of Sanford, Seminole County, Florida, more particularly described in Exhib.;,t "A' attached hereto (the "Easement Area"). This Easement shall be for city services, including but' not limited to, city owned utilities, hereafter on said property, such easement to include the right of free ingress and egress over and across said property for the purposes of constructing, 'instalhng, and maintaining said facilities. This Easement shall not be construed as a grant of right of way or dedication to the public and shall be limited to the purposes set forth herein. Grantor reserves the right to use the area subject to the easement granted hereby, including without limitation for parking areas, driveways, and landscaping, which are not inconsistent with the use of the Easement by the Grantee for the purposes granted hereby. Provided, however, that the Grantor shall not have the right to grant utility easements to other parties without the prior written consent Of the Grantee, wbAch said consent shall not be unreasonably withheld. If the Grantee disturbs any landscaping or improvements within the Easement Area, the Grantee shall restore such landscaping or improvements. IN WITNESS WHEREOF, the Grantor hereunto sets its hands and seals on the day and year first above written. Signed, sealed and delivered in the presence of: HUNTINGTON PROPERTIES AND INVESTMENTS, .INC., a Florida corporation By: k~ir2~-~~ (CORPORATE SEAL) 2 STATE OF FLORIDA COUNTY OF SEMINOLE AND I~STMENTS, INC., a Flo' corporation, o beha~ of said corporation, who { } identification. {NOTARY SEAL} ary Publi e: Signatre~ Print Name: OSCEOLA INVESTMENT COMPANY, INC., a Florida corporation By: . / '/-~J--. STATE OF FLORIDA COUNTY OF SEMINOLE COM~ INC., a Florida corporatic , as Truste on be If of said corporation, who { } is personally known to me or { ~roduced ~. "~Z~ as identification. ' ~ {NOTARY SEAL} ~- ~ ORL1 #488027 vl J:i il~: iiHi i; :H, ; i] nil ill; i: :il ] ItliilHUIjlli]~:~:;,]ililfii;~Llifii:lfiil~lliill~J IHg::IIII.ifi I tl~ II ~ il:;~llll tt: ~]ll~ il H] ;: JOINDER BY MORTGAGEE .:2j:_ The undersigned holder of that certain Mortgage and Security Agreement from HUNTING~)N INVESTMENT d or i in 3521, Page 838, of the Public Records of Seminole County~ Florida (the "Mortgage")covering all e. at::) portion of the property described in the foregoing Easement (the "Easement"), does hereby conse~t~to "J the terms of the Easement and acknowledges that the Mortgage is subordinate and inferior torYhe Easement and shah be binding upon the undersigned and its successors in title. C::} IN WITNESS WHEREOF, these presents have been executed this/2 ~4day of August, 1999. Print Name: FRA EE STATE OF FLORIDA }ss: COUNTY OFOscao/cc } I HEREBY CERTIFY that on this day, before me~ an officer duly authorized in the State and County aforesaid to take acknowledgments, personally appeared Frank M. Townsend, as Trustee. He is personally known to me or has produced a driver's license as identification and did not take an oath. · WITNESS my hand and official seal in the County and State last aforesaid this B day of Ck-~d~-~ , 1999. {NOTARY SEAL} Print or Stamp Name: Notary Public, State of Florida at Large Commission No.: My Commission Expires: -4- JOINDER BY MORTGAGEE The undersigned holder of that certain Mortgage and Security Agreement from HUNTINGT . · , · o ti u_, 3521, Page 834, of the Public Records of Seminole County, Florida (the "Mortgage")covering~_ll Easement and shall be binding upon the undersigned and its successors in title. m .~ IN WITNESS WHEREOF, these presents have been executed this ~ d of Augus~lg~t .. ay Witnesses: SALA, INC., .a Florida cor~porati0n · : ~ STATE OF FLORIDA } }SS: Co~aid of SALA, Inc. He is personally known to me or has pro~uce~ddriver's license as identification and did not take an oath. WIT ESS my hand and official seal in the County and State l~~his ~day of //~~ ,1999· ~~~a~: ~a/atL {NOTARY SEAL} 'of Flori arge Commission No.: My Commission Expires: James H McNeil Jr "~:~v commi~io,, cseesTso Expires July 22, 2001 James H McNeil Jr -5- JOINDER BY MORTGAGEE The undersigned homer of that certain Mortgage and Security Agreement from HUNTINGTO N PROPERTIES AND INVESTMENTS, INC., a Florida corporation, and/or OSCEOLA INVESTMENT COMPANY, INC., a Florida corporation, as Trustee recorded in Official Records Book 3606, Page 1678, of the Public Records of Seminole County, Florida (the "Mortgage")covering all or a portion of the property described in the foregoing Easement (the "Easement"), does hereby consent to the terms of the Easement and acknowledges that the Mortgage is subordinate and inferior to Easement and shall be binding upon the undersigned and its successors in title. IN WITNESS WHEREOF, these presents have been executed this . day of August, 199~ SARA, INC., a Florida corporation Title: ~2~ STATE OF FLORIDA } COUNTY OF~)~ }SS: } Co~n~esaid of SALA, Inc. He is personally known to me or has produce~a driver's license as identification and did not take an oath. ITNES,S my hand and official seal in the County and State last aforesaid this ~day of 1999. {NOTARY SEAL} or Stamp ~ ~c, State of Florida at Large James H McNeil Jr ;My Comm~ssian C'3665750 Expires july 22.2001 Commission No.: My Commission Expires: James H McNeil Jr My Commission CC665750 -6- JOINDER BY MORTGAGEE The undersigned holder of that certain Mortgage and Security Agreement from HUNTINGTO N PROPERTIES AND INVESTMENTS, INC., a Florida corporation, and/or OSCEOLA INVESTMENT COMPANY, INC., a Florida corporation, as Trustee recorded in Official Records Bo?J~ the terms of the Easement arid acknowledges that the Mortgage is subordinate and inferior to t~ Easement and shall be binding upon the undersigned and its successors in title. IN WITNESS WHEREOF, these presents have been executed this y of August, 1999. Print PARADISE EIGHTY, INC., a Florida corporation STATE OF FLORIDA } } SS: COUNTY OF C/*~~ d-PARADISE EIGHTY, INC. He is personally known ~o~me~has produced a driver's license as identification and did not take an oath. {NOTARY SEAL} Commission No.: My Commission Expires: H McNeil Jr ~::..,mmission CC665750 July 22, 2001 -7- JOINDER BY MORTGAGEE The undersigned holder of that certain Mortgage and Security Agreement from HUNTINGTO N PROPERTIES AND INVESTMENTS, INC., a Florida corporation, and/or OSCEOLA INVESTMENT COMPANY, INC., a Florida corporation, as Trustee recorded in Official Records Book 3585, Page 870, of the Public Records of Seminole County, Florida (the "Mortgage")covering an or a portion of the property described in the foregoing Easement (the "Easement"), does hereby consent ~ the terms of the Easement and acknowledges that the Mortgage ~s subordinate and inferior to tt~_ Easement and shall be binding upon the undersigned and its successors in title. z IN WITNESS WHEREOF, these presents have been executed this~day of August, 1999. PARIS ENTERPRISES, INC., a Florida corporation ~ By: ' STATE OF FLORIDA COUNTY OF~ } SS: } I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State and Couy afo esai o take acknowledgments, personally appeared ~2~ 5R~'/j4', as a driver's license as identification and did not take an oath. (NOTARY SEAL} ~i, State of Florida at Large Commission No.: ~,. ,7% James H McNe, Jr My Commission Exp~es: H:'aesl\TEMP-EASE.sew -8- EX}ilBIT "A" PROPOSED 20 FOOT UTILITY EASEMENT A PORT/ON OF THE SANFORD GRANT AND A PORT/ON OF GOVERNMENT LOT 3, IN SECT/ON 12, TOWNSHIP 20 SOUTH, RANGE 30 EAST, SEMINOLE COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF THE SOUTHWEST I/4 OF SAID SECT/ON 12. PROCEED SOUTH 01'36'0,f-'' WEST, ALONG THE WESTERLY L/NE OF SAID SECT/ON 12, A DISTANCE OF 801,57 FEET TO THE POINT OF BEGINNING OF SUBJECT EASEMENT; THENCE CONTINUING ALONG THE SAID WESTERLY UNE OF SECT/ON 12, SOUTH 01'36'04" WEST, A DISTANCE OF 26.77FEET" THENCE SOUTH 36'17'52' EAST, DEPARTING SAID WESTERLY LINE OF SECTION 12, A DISTANCE OF 156.14 FEET; THENCE SOUTH 44'54'16" WEST, A DISTANCE OF 68.48 FEET,. THENCE SOUTH 16'17'41= WEST, A DISTANCE OF 71.79 FEET; THENCE SOUTH 03'31'18" EAST, A DISTANCE OF 88.22 FEET; THENCE SOUTH 31~3'28" EAST, A DISTANCE OF 66.98 FEET; THENCE SOUTH 4374.'13' EAST, A DISTANCE OF 83.42 FEET; THENCE SOUTH 26'4.0'54= EAST, A DISTANCE OF 71.42 FEET; THENCE SOUTH 03'41'30" EAST, A DISTANCE OF 64.24 FEET; THENCE SOUTH 02'26'02" EAST, A DISTANCE OF 117.70 FEET; THENCE SOUTH 00'06'33" WEST, A DISTANCE OF 117.68 FEET; THENCE SOUTH 32'46'04" EAST, A DISTANCE OF 106.60 FEET; THENCE SOUTH 04'33'31" EAST, A DISTANCE OF 211.55 FEET. TO A LINE THAT IS 15 FEET NORTHERLY OF AND PARALLEL TO THE NORTHERLY RIGHT OF WAY LINE OF LAKE MARY BOULEVARD CA 140 FOOT RIGHT OF WAY AS NOW EXISTS); THENCE NORTH 85'26°29'' EAST, ALONG SAID LINE, A DISTANCE OF 20.00 FEET; THENCE NORTH 04'33'31'* WEST, A DISTANCE OF 216.37 FEET. THENCE NORTH 32'46'04' WEST,A DISTANCE OF 105.72 FEET; THENCE NORTH 0D'06'33= EAST, A DISTANCE 112.17 FEET; THENCE NORTH 02'26'D2'.WEST, A DISTANCE OF 118.68 FEET; THENCE' NORTH O3',f.1'30" WEST, A DISTANCE OF 68.37 FEET; THENCE NORTH 26'40'54" WEST, A DISTANCE OF 78.43 FEET. THENCE NORTH 43'2!I~'13"WEST' A DISTANCE OF 84.28 FEET; THENCE NORTH 31'23'28= WEST, A DISTANCE OF 59.88 FEET;THENCE NORTH 03'31'18" WEST, A DISTANCE OF 79.77' FEET; THENCE NORTH 16'17'41" EAST, A DISTANCE 'OF 63.20 FEET; THENCE NORTH 44'54'16" EAST, A' DISTANCE OF 80.39 FEET; THENCE NORTH 36'17'52"' WEST, A DISTANCE OF 150.10 FEET; THENCE NORTH 01'36'04' EAST' A DISTANCE OF 35.34 FEET, TO A POINT ON A CURVE, CONCAVE NORTHERLY AND HAVING A RADIUS OF 190.91 FEET,' THENCE ALONG' THE ARC OF SAID CURVE, IN A WESTERLY DIRECT/ON, 30.12 FEET, SAID ARC BEING SUBTENDED BY A CHORD BEARING AND DISTANCE OF SOUTH 87'10'27" WEST' 30.09 FEET, TO THE POINT OF.BEGINNING '