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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 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 flee ingress and egress over and
across said property for the purposes of constructing, installing, 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, which 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
B ° ~/~
Ty' . ~ ~t _
CERTIFIED CO: ~TE SEAL)
MARY N M~
OLERK O~u J IT eO~RT
SE I OlE ,
STATE OF FLORIDA
COUNTY OF SEMINOLE
The fore oin instrument was ackn ledg b fore me this day of August, 1999
DI~S ~ f
, as o H GTON PROPERTIF_~
AN TMENTS, INC., a Flo' cbrporation, o~_A,ehalf of said corporation, who { }
identification.
{NOTARY SEAL} ary Publi
e:
James H McNeil Jr
;My Commission C~665750
°'~,~:""Expires July 22, 2001
Signature~
Print Name:
OSCEOLA INVESTMENT COMPANY,
INC., a Florida corporation
By: ( //-t~.
STATE OF FLORIDA
COUNTY OF SEMINOLE
The fore in instrument was acknow. edged be~ re me this ~*~ay of August, 1999 by
COMP~~,~ INC., a Florida corporation, as TruSte on be If of said corporation, who { } is
personally known to me or { ~ii'~roduced ~'Z~. ~ as
identification. ~
{NOTARY SEAL}
N
ORL1 #488027 vl
JOINDER BY MORTGAGEE r~ --
The undersigned holder of that certain Mortgage and Security Agreement f~om HUNTINGe)N
I~STMENT d or ti u ~
3521, Page 838, of the Public Records of Seminole County, Florida (the "Mortgage')covemg aH~ a
potion of the property described in the foregoing Easement (the "Easement"), does hereby conse~to
the terms of the Easement and acknowledges that the Mortgage is subor~ate and i~erior to~e
~N ~N~88 ~0~, ~e~e p~e~en~ ~a~e been e~ee~ea ~ Z~.. aa~ a~A~,
Wi~~i/~l/~_~~
Print Name:
Pri~Name:
ST
F EE
STATE OF FLORIDA
}ss:
COUNTY Ord cao/ }
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 X% day of
~j,a~/~ , 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 HUNTINGTO
r t in
3521, Page 834, of the Public Records of Seminole County, Florida (the "Mortgage")coverin~ll ~ ~,~
portion of the property described in the foregoing Easement (the "Easement"), does hereby cogent to
·
the terms of the Easement and acknowledges that the Mortgage is subordinate and mfenrto the
Easement and shah be b~ding upon the undersigned and its successors in title. ~
IN WIT~SS WHEREOF, these presents have been executed t~s day of Augus~l~
Witnesses:
SALA, INC., a Florida f~of.p, oration
· :
STATE OF FLORIDA }
couNTY OrSa C& }SS:
}
Co~~id of SAM, Inc. He is personally known to me or has pro~driver's Hcense
as identffication and did not take an oath·
ES? my hand and official seal in the County and State l~his ~day of
1999. ~~~3 ~
{NOTARY SEAL} ' r S :of Flori arge
Commission No.:
My Commission Expires:
James H McNeil Jr
E~Oims July 22, 2001
James H McNeil Jr
,;~)'Expires July 22,200~
-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 ~e
Easement and shah be binding upon the undersigned and its successors in title. m
IN WITNESS WHEREOF, these presents have been executed this . day of August, 199~
SALA, INC., a Florida corporation
STATE OF FLORIDA }
COUNTY OF2~j_c~ }SS:
}
Co~n~esaid of SALA, Inc. He is personally known to me or has produ~Jce~ driver's license
as identification and did not take an oath.
W, ITNESS my hand and official seal in the County and State last aforesaid this ~7~.day of
, 1999.
{NOTARY SEAL}
James H McNeil Jr
%~,,..'E~pires July 22, 2001
1~ or Stamp ~'
~c, State of Florida at Large
Commission No.:
My Commission Expires:
James H McNeil Jr
rvly Commission CC665750
Expires July 22, 2001
-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%k.
3585, Page 870, of the Public Records of Seminole County, Florida (the "Mortgage")covering aH
portion of the property described in the foregoing Easement (the "Easement"), does hereby consent
the terms of the Easement and acknowledges that the Mortgage is subordinate and inferior to tl~
Easement and shah 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 ~ }
[/~2_~?~ PARADISE EIGHTY, INC. He is personally known to ;me~ has produced a
driver's license as identification and did not take an oath.
{NOTARY SEAL}
22, 2001
~ day of
:
of Florida at Large
Commission No.:
My Commission Expires:
.,7. -.. .... '~-'~ H McNeil Jr
' ..;,mission CC665750
'%~ ~, ,,~" ,_^~,lres 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 all 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 is subordinate and inferior to tl4~_
Easement and shah be binding upon the undersigned and its successors in title. z
IN WITNESS WHEREOF, these presents have been executed this day of August, 1999.
Print Na~ft~r,/~d~'44/-/~/~2
PARIS ENTERPRISES, INC., a Florida
r-
STATE OF FLORIDA }
} SS:
COUNTY OF-~~ }
I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State and
Cou y afo esai o take acknowledgments, personally appeared ~CC~ ~:x-Jx4',as
a driver's hcense as identification and did not take an oath.
{NOTARY SEAL}
c, State of Florida at Large
Commission No.:
~,, ~,,, James H McNeil Jr My Commission Expffes:
H:M~e~I\TEMP-EASE.sew
-8-
EXHIBIT "A"
PROPOSED 20 FOOT UTILITY EASEMENT
CD
rr~
A PORTION OF THE SANFORD GRANT AND A PORTION OF GOVERNMENT LOT 3, IN SECTION 12, TOWNSHIP
20 SOUTH, RANGE 30 EAST, SEMINOLE COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED
AS FOLLOWS:
COMMENQNG AT THE NORTHWEST CORNER OF THE SOUTHWEST 1/4 OF SAID SECTION 12, PROCEED SOUTH
01'J6'04." WEST. ALONG THE WESTERLY LINE OF SAID SECTION 12, A DISTANCE OF 801.57 FEET TO THE
POINT OF BEGINNING OF SUBJECT EASEMENT; THENCE CONTINUING ALONG THE SAID WESTERLY LINE OF SECTION
12, SOUTH 01'J6'04" WEST, A DISTANCE OF 26.77 FEET; THENCE SOUTH J6'/7'52" 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 FEEL' 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 31'23'28" EAST, A DISTANCE OF 66.98
FEET; THENCE SOUTH 43'24/13- EAST. A DISTANCE OF 83.42 FEET; THENCE SOUTH 26'40'54" EAST, A
DISTANCE OF 71.42 FEEL' 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 00'06'3J" WEST, A DISTANCE OF
117.68 FEET; THENCE SOUTH ,32'46'04" EAST, A DISTANCE OF 106.60 FEET; THENCE SOUTH 04'J3'Jl"
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 (A 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 00'06'33" EAST, A DISTANCE 112.17 FEET; THENCE NORTH 02'26'02".WEST, A DISTANCE OF
11B. 68 FEET; THENCE NORTH 0,3'41'30" WEST, A DISTANCE OF 68.37 FEET; THENCE NORTH 26'40'54"
WEST, A DISTANCE OF 78.43 FEET; THENCE NORTH 43'24'13"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 DIRECTION, 30.12 FEEL
SAIO ARC BEING SUBT'ENDED BY A CHORD BEARING AND DISTANCE OF SOUTH 87'10°27" WEST, 30.09 FEET,
TO THE POINT OF.,19EGINNING. '