HomeMy WebLinkAbout449-Plantation LakesPrepared By and R6tum To:
Richard B. MadFarland, P.A.
Broad and Cassel
MARYANNE F'IORSE
CL. ERI( OF C! .::~c'?!.UT COURT
81263
SEMINOLE COUNTY, FL
RECORDED & VER!FiED
2000
CITY OF SANFORD SANITARY FORCEMAIN EASEMENT AGREEMENT
THIS SANITARY FORCEMAIN EASEMENT AGREEMENT, made this I.,~ day of
piO~OvlJat~ , 1999, between Plantation Lakes, Ltd., a Florida limited partnership whose
mailing address is 2201 Corporate Boulevard, N.W., Suite 200, Boca Raton, Florida 33421,
County of Palm Beach, and State of Florida ("Grantor"), and the CITY OF SANFORD,
FLORIDA, a municipal corporation, which is situated in the County of Seminole, the State of
Florida ("Grantee");
WITNESSETH, Grantor, for and in consideration of the sum of one dollar and other
valuable consideration paid by Grantee, receipt whereof is hereby acknowledged, grants and
conveys to Grantee, its successors, assigns, licensees, agents and necessary equipment, an
exclusive perpetual easement except for those utility improvements iii connection with utility
services shown on the Grantor's approved engineering plans dated May 27, 1999 (PZA) and
prepared by Burkett Engineering, Inc., (the "Engineering Plans") which were approved by the
Grantee, as described and illustrated below, which is to be through, under, upon, and across the
property situated in or near the City of Sanford, Seminole County, Florida, more particularly
described on the attached Exhibit "A" (the "Property'), which is part of the property known as
Plantation Lakes Apartments, located at 1215 Rinehart Road, Sanford, Florida with Seminole
County Parcel ID No. 32193030001100000, for city owned utilities consisting of a sanitary
forcemain and appurtenant facilities to be constructed or located upon the Property, such
easement to include the right of free ingress and egress over and across the Property in vehicles
or on foot for the purposes of construction, reconstruction, inspection, modification, operation,
removal, installation and maintenance.
This Grant of Easement shall not be construed as a grant of right of way and is limited to
a City Services Easement. The Grantor shall have the right to use the area subject to the
easement granted hereby (the "Easement Area"), including without limitation for parking areas,
driveways, and landscaping, which are not inconsistent with the use of the Easement Area by the
Grantee for the purposes granted hereby, and which are not in derogation of but in recognition of
the easement granted hereunder to Grantee.
Provided, however, that except for certain utility easements required in connection with
the Engineering Plans, the Grantor shall not have the right to grant utility easements to other
parties without the prior written consent of the Grantee. If the Grantee disturbs any landscaping
BOC1\REALES'i~39954.6
00350/0134
Page 1 of 2
or ,facilities (specifiCally culvertS, drainage tiles and roadways), then the Grantee shall restore
such landscapirig or facilities.
IN WITNESS WHEREOF, the Grantor hereunto sets his or her hand and seal on the day
and year written above.
Signed, Sealed, And Delivered
In The Presence Of:
PLANTATION LAKES,
limited partnership
LTD., a Florida
By:
Altman Development Corporation, a ._.1
Michigan corporation, authorized to
transact business in the State of Florida,
its general partner
by:
Name:~'r,i ~t. ~kt~,,~ r"
Title://. P.
STATE OF FLORIDA
COUNTY OF PALM BEACH
I HEREBY CERTIFY that on this day before me, an officer duly authorized in the State
and County aforesaid to take acknowledgements, personally appeared
~ tf· ~tn ,as VT,~ J~,,-~,d~r!4- of Altman Development
Corporation, general~armer of Plantation Lakes, Ltd., to me known to be the person described in
and who executed the foregoing instrument and he acknowledged before me that he executed the
same on behalf of the corporation and partnership.
WITNESS my hand and official seal in the County and State aforesaid this 12.44'~ day of
x,e.~..~ ~ , 1999.
State of Florida
My Commission Expires: 9/g/0 Z.
BOC1\REALES'r~39954.6
00350/0134
Page 2 of 2
CONSENT AND JOINDER OF MORTGAGEE
The undersigned, Comerica Bank, a Michigan banking corporation ("Mortgagee"), the
Mortgagee under that certain Construction Mortgage dated January 14, 1999 and recorded at
Official Records Book 3574, Page 1757, oft he Public Records of Seminole County., Florida, as
modified by that certain Amendment No. 1 to Construction Mortgage dated March 22, 1999 and
recorded October 22, 1999 at Official Records Book 3744, Page 1298 of the Public Records of
Seminole County, Florida, hereby consents and joins in the foregoing City of Sanford Sanitary
Forcemain Easement Agreement (the "Easement") and subordinates its mortgage lien
encumbering all or any part of the Property (as described in the Easement) to the Easement.
IN WITNESS WHEREOF, this Consent and Joinder is executed by the undersigned this
day of AJOV&MlaO,..F , 1999.
WITNESSES: MORTGAGEE:
/ 4 d COMERICA BANK, a Michigan
Nam: ,, a,~c~ .' ,~ banking corporation
3 By:
Name: ~ ,,,-t~ D./q~d.~h.,~ Name:
Title:
STATE OF MICHIGAN
COUNTY OF
The foregoing instrument was acknowledged before me thisoqa,d day of Iqoae~tj~ t' ,
1999 by ~nr~tq' ~ ~ ~ec/( , as ~ce ~egl~ r of Comeflea B~,
a Mic~gX~b~ing coloration, who did not take an oath ~d who is personally ~o~ to me or
who produced as identification.
State of Florida
My Comission Expires:
KATHLEEN M. BROCK
NOTARY pUBLIC - WAYNE COUNT'i, Mt
ACTING tN___.----~_ CO., Mt
MY COMMiSSiON EX~/2001
BOC1\REALEST~38097.1
00350/0134
SKETCH OF DESCRIPTION
SEE SHEET 2 OF 2 SHEETS FOR DESCRIPTION
P.O.C.
SW CORNER OF THE
W 1/2, SE 1/4,
SECTION 32-19-30
PARCEL 1
52' SQUARE
4/$4` LIFT
~ 363.21'
N2 el.4~, ' 589'25'O't"W
,~.
SEE INSET
UTILITY EASEMENT
.FOR PHASE II
SEWER CONNECTION
,Legibility UnsatisfactorX
LFor Microfilming
HUGHY ST.
SOUTHERLY RIGHT OF WAY
LINE OF HUGHY ST.
S89'4-5'49"E
L,
566.52'
656.9~ .,-.-
,,,., ---' , f~
.---' ...- 916.4.,, 2
I
~ LIFT STAllON
~ TRACT /
~< r- L26
~.~ L27
UTIUTY EASEM~T ~ ~
FOR PHASE II SE~R
CONS~UC~ON /
INSET I
rAOLA ROAD (COUNTY ROAD N0. 46A)
-J
rn
iI't
r-
SHEET 1 OF 2 SHEETS REVISED: 12/19/99 THIS IS NOT A BOUNDARY SURVEY
CERTIFIED TO: ALTMAN DEVELOPMENT d6RPORA'TION SKETCH OF OESCRPnON
BURKETT ENGINEERING, INC. Joe No. 97088.008 I/CSEAR8
DRAWN BY.' D. BISHMAN
~Se~~~r TO FLO~O,f__..,_.....J.~ r. DWG SURVEYING
CERTIFY 7HAT THiS .SY~EI' M Ct"~S THE MINNUM TECHNICAL REID BY.' N/A COMPANY
B' FIEZ~ BOOK: N/A m ,
5'rANDIeDS ~ FOR?H. Y. ' ~AL ~LIR1/D'OR$ AND ~ ~'~r,.~ N/A
IN TA,o~R 61G17-6 ' 315 N. Ferncreek Aveflue
REL.D DATE: N/A
~.'~'~F~l~.~'['~ REGtSTRAnCH No. 42~8 DRAYflNG DATE: 7/~0/98 OrlandO, Florida 32803 (40D 897-8220
LICENSED BUSINESS NO. 5736
SKETCH OF DESCRIPTION
SEE SHEET 1 OF 2 SHEETS FOR SKETCH
20' EXCLUSIVE CITY OF SANFORD SERVICES EASEMENT DESCRIPTION
THAT PART OF THE SOUTHEAST 1/4 OF SECTION 32, TOWNSHIP 19 SOUTH, RANGE 30
EAST, SEMINOLE COUNTY, FLORIDA, BEING DESCRIBED AS FOLLOWS:
FOR A POINT OF REFERENCE, COMMENCE At THE SOUTHWEST CORNER OF SAID
SOUTHEAST 1/4-; THENCE RUN NOO~O3°46"E ALONG THE WEST UNE OF THE WEST
1/2 OF SAID SOUTHEAST 1/4- FOR A DISTANCE OF 2500.32 FEET TO THE
SOUTHEASTERLY RIGHT OF WAY LINE OF RINEHART ROAD; THENCE RUN N69'12'12"E
ALONG SAID SOUTHEASTERLY RIGHT OF WAY UNE FOR A DISTANCE OF 400.27 FEET TO
THE SOUTH RIGHT OF WAY LINE OF HUGHY STREET; THENCE RUN S89'45'49"E ALONG
SAID SOUTH RIGHT OF WAY LINE FOR A DISTANCE OF 50.91 FEET TO THE POINT OF
BEGINNING; THENCE RUN S14'38'54"E, 186.35 FEET; THENCE RUN S25'01'12"E,
20.52 FEET; THENCE RUN S55'36'14"E, 161.40 FEET; THENCE RUN
S00'04.'25"E, 61.56 FEET; THENCE RUN S45'00'00"E, 6.93 FEET; THENCE RUN
S01'05'23"E, 126.91 FEET; THENCE RUN S14°34-'10"W, 237.02 FEET; THENCE
RUN S10'23'06"E, 123.03 FEET; THENCE RUN S17'25'10"E, 198.72 FEET;
THENCE RUN S38'29'26"W, 24.20 FEET; THENCE RUN S37'59'27"W, 67.76 FEET;
THENCE RUN S81'00'55"W, 3.43 FEET; THENCE RUN S36'00'55"W, 23,02 FEET;
THENCE RUN S08'59'05"E, 4-.10 FEET; THENCE RUN S35'35'57"W, 17.85 FEET;
THENCE THENCE RUN S37'15'4-9"W, 128.15 FEET; THENCE RUN S82'15'49"W, 1.41
FEET; THENCE RUN S37'15'49"W 41.60 FEET; THENCE RUN S23'26'27"W, 71.48
FEET; THENCE RUN SI0'50'0`3"W, 104.04 FEET; THENCE RUN S15'51'4-9"W,
14-9.90 FEET; THENCE RUN S34'07'40"E, 5.34 FEET; THENCE RUN S74'14'53"E,
94.40 FEET; THENCE RUN S52'29'39"E, 181.76 FEET; THENCE RUN S07'32'54"E,
14.46 FEET; THENCE RUN S79'02'17"E, 6,26 FEET; THENCE RUN S10'57'4,.3"W,
32.00 FEET; THENCE RUN N79'O2'17"W. 5.83 FEET; THENCE RUN Sl1'02'02"W,
4.36 FEET; THENCE RUN S41'55'17"E, 43.98 FEET; THENCE RUN S13'25'27"W,
24.31 FEET; THENCE RUN N41'55'17"W, 67.74 FEET; THENCE RUN N10'57'43" E,
14-.32 FEET; THENCE RUN N79°O2'17"W, 6.17 FEET; THENCE RUN N10'57'43"E,
32.00 FEET; THENCE RUN S79'02'17"E, 3.85 FEET; THENCE RUN N52'29'39"W,
168.56 FEET; THENCE RUN N74'14'53"W, 97.87 FEET; THENCE RUN N34-'O7'40"W,
21.97 FEET; THENCE RUN N15'51'49"E, 158.35 FEET; THENCE RUN NlO'50'O3"E,
105.37 FEET; THENCE RUN N2,3'26'27"E, 76.11 FEET; THENCE RUN 37'15'49"E,
52.31 FEET; THENCE RUN N82'15'49"E, t.41 FEET; THENCE RUN N37'15'49"E,
119.57 FEET; THENCE RUN N35'35'57"E, 9.36 FEET; THENCE RUN NOS'59'O5"W,
4.18 FEET; THENCE RUN N36°OO'55"E, 39.59 FEET; THENCE RUN N81'OO'55"E,
3.84 FEET; THENCE RUN N37'59'27"E, 59.96 FEET; THENCE RUN N38'29'26"E,
13.67 FEET; THENCE RUN N17'25'10"W, 189.34 FEET; THENCE RUN N10'23'O6"W,
128.68 FEET; THENCE RUN N14'34'10"E, 238.70 FEET; THENCE RUN 01'05'23"W,
116.09 FEET; THENCE RUN N45'OO'OO"W, 7.14- FEET; THENCE RUN NOO'O4'25"W,
59.30 FEET; THENCE RUN N55'36'14-"W, 156.34 FEET; THENCE RUN N25'O1'12"W,
27.80 FEET; THENCE RUN N14-'38'54"W, 193.48 FEET; THENCE RUN S89'45'4-9"E,
20.69 FEET TO THE POINT OF BEGINNING.
CONTAINING 0.996 ACRES MORE OR LESS.
SURVEYORS NOTES:
NOT VAUD WITHOUT THE SIGNATURE AND THE ORIGINAL SEAL OF A
FLORIDA LICENSED SURVEYOR AND MAPPER.
LANDS SHOWN HEREON WERE NOT ABSTRACTED FOR RIGHTS Of WAY,
EASEMENTS, OWNERSHIP, OR OTHER INSTRUMENTS OF RECORD, BY
THIS FIRM.
BEARINGS SHOWN HEREON ARE BASED ON THE FOLLOWING:
THE WEST LINE OF TFIE W 1/2 OF THE SE 1/4 AS NOOl:)3'46"E (ASSUMED).
THE DESCRIPTION SHOWN HEREON WAS PREPARED BY THE SURVEYOR.
5. THIS IS NOT A BOUNDARY SURVEY.
6. ALL ADJOINERS PROVIDED BY THE CUENT HAVE BEEN SHOWN HEREON.
THE ELECTRONIC RLE FOR THIS PROJECT IS THE PROPERTY OF
SEARS SURVEYING COMPANY, INC. AND IS NOT THE PROPERTY OF THE
CUENT.
LEGEND:
(C) CALCULA~E:D
~ CENTERUNE
(D) DESCRIPI~ON
L.B. LANO BUSINESS
O.R. OFFICIAL RECORDS BOOK
P.S.M.PROFESSIONAL SURVEYOR &
MAPPER PC. PAGE
P.LS. PROFESSIONAL LAND SURVEYOR P.R.M.PERMANENT REFERENCE MONUMENT
FDOT FLORIDA DEPAR~ENT OF TRANSPORTA'~ON
R RADIUS
~ CENTRAL ANCLE P.O.B.POINT OF BEGINNING
L LENG~-I P.O.C.POINT OF COMMENCEMENT
CH CHORD P.T. POINT OF TANGENCY
CB CHORD BEARING
P.C. POINT OF CURVATURE
T.B. TANGENT OEARING
P.C.P.PERMANENT CONTROL POINT
(M) MEASURED
F,A.C.FLORIDA ADMINISTRATI~E CODE
(P) PLAT
SHEET 2 OF 2 SHEETS
JOB NUMBER: 97088.008
DRAWING NAME: 97088-SAN-EASE.DWG
LINE TABLE
LINE LENGTH BEARING
L1186.35 S14'38' 54"E
L2 20.52 S25'01 '12"E
L3 161.40 S55'36'14"E
L4 61.56 S00'04'25"E
L5 6.93 S45'00'00"E
L6 126.91 S01 '05'25"E
L7 2,37.02 S14'34't O"W
L8 12,3.03 S10'25'06"E
L9 198.72 St7'25'10"E
LIO 24.20 S,38'29'26"W
L11 67.76 S37'59'27"W
L12 3.43 S81 '00'55"W
L13 2t 02 S,36'00'55"W
L14 4.10 S08'59'05"E
L15 17.85 S,35'35'57"W
L16 128.15 S57'15'49"W
L17 i,41 S82'15'49"W
L18 41.60 S,37'15'49"W
L19 71.48 S2,3'26'27"W
L20 104.04 S10'50'03"W
L21 149.90 S15'51 '49"W
L22 5.,34 S34'07'40"E
L23 94.40 S74'14'53"E
L24 181.76 S52'29'59"E
L25 14,46 S07'32'54"E
L26 6.26 S79'02'17"E
L27 32.00 S10'57'4,3"W
L28 5.83 N79'02'17"W
L29 4.36 S11 '02'02"W
L,30 43.98 S41 '55'17"E
L,31 24.31 S13'25'27"W
L32 67.74 N41'55'17"W
L33 14.,32 N10'57'43"E
L34 6.17 N79'O2'17"W
L35 ,32.00 N10'57'4,3"E
L,36 3.85 S79'02'17,E
L37 168.56 N52'29'39"W
L38 97.87 N74'14'53"W
L,39 21.97 N34'OT'40"W
L40 158.35 N15'51'49"E
L41 105.57 N10'50'O,3"E
L42 76.11 N23'26'27"E
L4,3 52.,31 N,37'15'49"E
L44 1.41 N82'15'49"E
L45 119.57 N,37'15'49"E
L46 9.36 N,35'35'57"E
L47 4.18 NOS'59'O5"W
L48 39.59 N,36'OO'55"E
L49 ,3.84 N81 '00'55"E
L50 59.96 N,37'59'27"E
L51 13.67 N,38'29'26"E
L52 189.,34 N17'25'10"W
L5,3 128.68 N10'23'O6"W
L54 2,38.70 N14'34'10"E
L55 116.09 NO1 '05'2,3"W
L56 7.14 N45'OO'OO"W
L57 59.30 NOO'O4'25"W
L58 156.3~- N55',36'14"W
L59 27.80 N25'01 '12"W
L60 193.48 N14',38'54"W
L61 20.69 S89'45'49"E
THIS IS NOT A BOUNDARY SURVEY
ICSEARS
SURVEYING
COMPANY
316' N. Ferncreek Avenue
Orlendo, RotIda 32803 (407) 887-6220
LICENSED BUSINESS NO. 57,:36