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Home My WebLink About430-Osceola Investment CompanyJames H. McNeil, Jr., Esq. Holland & Knight, LLP 200 S. Orange Avenue Suite 2600 Orlando, FL 32801 GLERK OF CIRCUIT' COURT I F? SEP ~LHiNULE GOU'4'i' T. i- L. RECORDED & VERIFIED PH I.' I0 E .................................................................. {SPACE AI$OVE FOR ]~ECORDING PURPOSESt ....................................................................... GRANT OF EXCLUSIVE CITY SERVICES EASEMENT THIS GRANT OF EXCLUSIVE CITY SERVICES EASEMENT C'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 SANFORD, FLORIDA, a municipal corporation ("Grantee), whose address is 300 N. Park Avenue, Sanford, Florida 32771, as of this ~ day of August, 1999. 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 filustrated 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 Exhibit "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, installing, and maintaining said facfiities. 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 shah not have the right to grant utility easements to other parties without the prior written consent of the Grantee, which said consent shall not be unreasonably withheld. If the Grantee disturbs any landscaping or improvements within the Easement Area, the Grantee shah 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 (CORPORATE SEAL) 2 STATE OF FLORIDA COUNTY OF SEMINOLE ore oing 'nstr ment was ack ledged be o e this ? .~d~'ay of August, 1999 by AN The f u . . £ . . . identification. {NOTARY SEAL} -,750 cy r- nted Name: .7% James H McNeil Jr !i7~r My Commission CC665750 ~: Expires July 22, 2001 I" OSCEOLA INVESTMENT COMPANY, INC., a Florida corporation By: ~_~)~ ~ STATE OF FLORIDA COUNTY OF SEMINOLE The foregoing instrument was ackno edged before me this ~ ~day of August, 1999 by (Jr ~x ~ , as ~eh~~ of OSCEOLA INVESTMENT CO~INC., a Florida corp ation, as Trustee, on behalf of said corp. oration, who { } is personally known to me or { ~as produced' 1~'(a,~4.~.__ r.~dti,'~ 3L~a_~A ~ . as identification. {NOT~Y SEAL} b~c ~ nted ame. ORL1 #488027 vl ~, ,~,~, James H McNeil Jr 5750" L~, ~ . . 3 JOINDER BY MORTGAGEE The undersigned holder of that certain Mortgage and Security Agreement from HUNTINGTON PROPERTIES AND INVESTMENTS, INC., a Florida corporation, and/or OSCEOLA INVESTMENT COMPANY, INC., a Florida corporation, as Trustee recorded in Official Records Book 3521, Page 838, of the Public Records of Seminole County,. Florida (the "Mortgage")covermg all o~.~ portion of the property described in the foregoing Easement (the "Easement"), does hereby consentr~ the terms of the Easement and acknowledges that the Mortgage is subordinate and inferior to t~ Easement and shall be binding upon the undersigned and its successors in title. o IN WITNESS WHEREOF, these presents have been executed this / ~ ''(''/'7 ~ day of August, 199~ PriEr Name: STATE OF FLORIDA }ss: COUNTY OF dg eeo/ } 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. {NOTARY SEAL} Print or Stamp Name: Notary Public, State of Florida at Large Commission No.: My Commission Expires: ~". #6C783627 ."~ -4- 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 3521, Page 834, 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 the Easement and shall be binding upon the undersigned and its successors in title. IN WITNESS WHEREOF, these presents have been executed this ~ "aay of August, 199J9x Witnesses: SALA, INC., a Florida corporation r- ! i , STATE OF FLORIDA } }SS: COUNTY OF J } I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State and County aforesaid to take acknowledgments, personally appeared ~ , as ~'~.-~hi~- of SALA, Inc. He is personally known to me or has ~a driver's license as identification and did not take an oath. {NOTARY SEAL} ~:;Expires juty 22, 2001 t or S~3xll~ ~blic, State of Florida at Large Commission No.: My Commission Expires: -5- 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 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 ~l~e Easement and shall be binding upon the undersigned and its successors in title. rn .,,, IN WITNESS WHEREOF, these presents have been executed this ~ 'day of August, Witnesses: Pr~i~Name: YAd<ZtCJfi ~--. e~~ SALA, INC., a Florida corporation STATE OF FLORIDA } }SS: ~O~ O~ ~~ ~ I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State and County aforesaid to take acknowledgments, personally appeared ~ ~,ho~t}', as ~f~dlX-~ of SALA, Inc. He is personally known to me or has produced a driver's license as identification and did not take an oath. County a d State last aforesaid this day of WITNESS my hand and official seal in the ' ' ~ ~ {NOTARY SEAL} amp c, State of Florida at Large Commission No.: My Commission Expires: -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 Book 3585, Page 870, 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 them Easement and shah be binding upon the undersigned and its successors in title. ~ of August, 1999. IN WITNESS WHEREOF, these presents have been executed this ~' ay Witnesses: Prm~Name: 'JC!/'l"c-~,l,'l l"'~, pr~/~e..' ~~t ~', PARADISE EIGHTY, INC., a Florida Title: V1 ~-e ~'~B 'Sl ~ ~C~ STATE OF FLORIDA } y~~ } SS: COUNTY OF } I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State and ounty_ aforesaid to take acknowledgments, personally appeared Jr~5~4-~c&~{;~', as (CC.. ~re~l..l~ of PARADISE EIGHTY, INC. 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 ~ ~'day of ,1999. t or Srfam~~:~Zf~:f:f:f:f:f~~ {NOTARY SEAL} ~blie, State of Florida at Large Commission No.: My Commission Expires: Jams H McNeil Jr 65750' ' C -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 INVESTiVIENT 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 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 the Easement and shall be binding upon the undersigned and its successors in title. ~ IN WITNESS WHEREOF, these presents have been executed this ~ay of August, 1999. ~. Witnesses: STATE OF FLORIDA } } SS: COUNTY O~.~ ~ } PARIS ENTERPRISES, INC., a Florida a driver's license as identification and did not take an oath. {NOTARY SEAL} James H McNeil Jr ,My Comrniss{oT' C9665750 ~%~r~..'Expires JuW 22. 2001 P. or Stamp~ ~~oS.~ate of Florida at Large My Commission Expires: H:",,ReaI\TEMi~-EASE.sew -8- EXHIBIT "A" A portion of the Sanford grant and government Lots 2 and 3, all in Section 12, Township 20 South, Range 30 East, Seminole County, Florida, being more particularly described as follows: Commencing at the Northwest corner of the Southwest ¼ of said Section 12, proceed South 01°36'04'' West, along the westerly line of said Section 12, a distance of 1963.16 feet to the point of beginning of the 15 foot utility easement; thence continuing along said westerly line of said Section 12, South 01°36'04'' West, a distance of 15.09 feet to the Northerly right of way line of Lake Mary Boulevard (a 140 foot right of way as now exists); thence north 85~26'29'' East, along said Northerly right of way line of Lake Mary Boulevard, a distance of 519.42 feet to the point of curvature of a curve concave Northerly and having a radius of 1342.40 feet; thence along the arc of said curve and said Northerly right of way line of Lake Mary Boulevard, an arc length of 668.79 feet, said arc being subtended by a chord bearing and distance of North 71°08'54" East, 661.90 feet; thence continuing along said Northerly right of way line of Lake Mary Boulevard, North 56°53'30" East, a distance of 504.55 feet to the point of curvature of a curve concave Northwesterly and having a radius of 40.00 feet; thence departing said Northerly right of way line of Lake Mary Boulevard, along the arc of said curve an arc length of 35.83 feet, said arc being subtended by a chord bearing and distance of North 31~13'58'' East, 34.64 feet; thence South 56°53'30'' West, a distance of 535.78 feet to the point of curvature of a curve concave Northerly and having a radius of 1327.4 feet; thence along the arc of said curve an arc length of 661.32 feet, said arc being subtended by a-chord bearing and distance of South 71°08'54" West, 654.50; thence South 85°26'29" West, a distance of 517.80 feet to the point of beginning of said easement. c::) :.,.,m r" ~ ORL1 #497217 vl