HomeMy WebLinkAbout499-Pulte Home Partial Assignmeafter recording should be returned to:
MARK D. THOMSON, ESQ.
Shutts & Bowen LLP
300 S. Orange Avenue, Suite 1000
Orlando, Florida 32801
(407) 423-3200
PARTIAL ASSIGNMENT
CLERK'S $ 2005120167
THIS PARTIAL ASSIGNMENT (the "Assignment") is made and entered into this
29th day of' June, 2005, by and between The City of Sanford, Florida (the "City") and Pulte
Florae Corporation ("Pulte") and is consented to by Harold G. Harstock, Trustee of Seminole
Farms Trust IV ("Flarstock") and Eoghan N. Kelley ("Kelley").
RECITALS:
1. The City, Harstock and Kelley entered into that certain Perpetual Non-exclusive
Drainage Easement Agreement dated March 24, 2003, and recorded April 22, 2003, in Official
Records Book 4787, Page 1713, Public Records of Seminole County, Florida (the "Easement
Agreement"); and
2. Pursuant to the Easement Agreement, Harstock and Kelley granted a non-
exclusive drainage easement in favor of the City over, under and through the Easement Area, as
defined the Easement Agreement; and
3. The City under Section 7 of the Easement Agreement has the right to assign its
drainage easement interest provided the City obtains the written consent of Harstock and Kelley,
which such consent shall not be unreasonably withheld; and
4. The City desires to partially assign, convey and transfer its rights under the
Easement Agreement to Pulte to accommodate the stormwater and surface drainage from Pulte's
property more partmularly described on Exhibit "A" attached hereto and incorporated herein by
this reference (the "Pulte Property") and the construction of a piping system to service the same,
and the parties acknowledge that the post-development peak stormwater discharge rate from the
Pulte Property will not exceed the pre-development peak discharge rate from the Pulte Property;
into the Easement Area; and
5. Pulte wishes to accept the City's partial assignment of its drainage easement
rights under the Easement Agreement, subject to the terms and conditions set forth herein; and
6. Harstock and Kelley have agreed to consent to this Assignment as required under
Section 7 of the Easement Agreement.
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NOW THEREFORE, in consideration of the sum of Ten and No/100 Dollars ($I0.00)
and other good and valuable consideration, the receipt and sufficiency of which is hereby
acknowledged, the parties hereto, intending to be legally bound, do hereby agree as follows:
1. Recitals. The foregoing recitals are true and correct and expressly incorporated
herein by this reference.
2. Partial Assignment. The City hereby partially assigns to Pulte, its drainage
easement rights under the Easement Agreement to the extent necessary to accommodate the
stormwater and surface drainage from the Pulte Property (the "Pulte Drainage") and the right to
construct an underground piping system from the Pulte Property through the Easement Area to
efficiently service the Pulte Drainage in accordance with all applicable permits issued by the City
and the St. Johns River Water Management District governing the Pulte Property (the
"Permits"), which such Permits may be amended from time to time. Pulte hereby accepts such
partial assignment, and assumes the obligations of all the terms and conditions provided for in
the Easement Agreement, subject to the terms and conditions hereinafter provided. Pulte agrees
that the post-development peak discharge rate from the Pulte Property will not exceed the pre-
development peak discharge rate from the Pulte Property into the Easement Area.
3. Miscellaneous.
a. This Assignment may be executed in counterparts, each of which shall be
deemed to be an original and all of which together shall constitute one and the same instrument.
b. This Assignment shall be govemed, construed, interpreted and enforced in
accordance with the Laws of the State of Florida.
c. Pulte shall have the fight to further assign its rights hereunder to any
homeowners association and/or condominium association formed for the purpose of maintaining
and managing the Pulte Property and the consent of the City, Harstock and Kelley shall not be
required for Pulte to assign its rights in accordance with this subsection.
d. This Assignment shall be binding upon and inure to the benefit of the City,
Pulte, Harstock and Kelley and their respective permitted legal representative, successors and
assigns.
e. In the event litigation arises from the effort of any party to enforce the
provisions of this Assignment, the prevailing party shall be entitled to recover from the non-
prevailing party its reasonable attorneys' fees and costs, whether at thai or on appeal, as well as
costs incurred in any post judgement proceedings.
f. Pulte shall indemnify the City to the same extent as Kelley and Harstock
were indemnified by Pulte in that document entitled "Indemnification" and dated June 28, 2005.
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IN WITNESS WltEREOF, the undersigned having the requisite authority to execute
this Assignment on behalf of the City and Pulte have caused these presents to be signed and their
respective seals to be affixed as of the day and year first above written.
Signed, sealed and delivered
in the presence off
CITY:
PrintName: ~g'{tg~t.)O. ~_~. fxA~,-I/xo,W
PrintName~%g/~, Z. /k//~d
THE CITY OF SANFORD, FLORIDA
Print Name: ~..4 ~q el c-~ t4~R~
Title: ~)X c,, ~ o ~
STATE OF FLORIDA
COUNTY OF SFM~ItqOL-E g0cxtStA
I HEREBY CERTIFY that the foregoing instrument was acknowledged before me this
[~/4,x day of c~,c(_¥ , 2005, by /_{4/-o/4 ~,.~q~ , as the
r7~ t¢¥ o(C_ , of the City of Sanford, Florida, with all requisite authority to sign on
behalf of the City. SHe { 6--~s personally known to me or { } has produced
as identification.
I ~ ~EBRA C. SIMMONS I Notary Public
~.~} Mycomm. expire~ July 25, 2008 PrintName: -Z)&-~Sfg~q C~ ~/~v,,-vz
..v N0, DD
B0ndedtt~ruAsht0nAgeacy3nc.(800)451-4854 Commission No.: -br~ s~o6,~ l
My commission expires: v-v/~r~-/o ~
ORLDOCS 10329564 l
Signed, sealed and delivered
in the presence of:
PULTE:
PULTE HOME CORPORATION,
[
STATE OF FLORIDA
COUNTY OF ORANGE
I HEREBY CERTIFY that the foregoing instrument was acknowledged before me this
,~ .Z/q~ day of ,J~/~e. , 2005, by ~1~6o1~t7o~/ dr/_ , as the
, of Pulte Home Corporation, a Micl'figan corporation with all requisite
authority to sign on behalf of the corporation. He {x/~ is personally known to me or { } has
produced as identification.
/
Notary Public
Print Name:
Commission No.
My co~ission expires:
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CONSENT
The undersigned, as one of the grantors under that above-referenced Easement
Agreement, does hereby consent to this Assignment from the City of Sanford, Florida to Pulte
Home Corporation, a Michigan corporation.
Signed, sealed and delivered ~ ·
in the presence of:
PrintName: '2> elor;4 V'.
STATE OF FLORIDA
COUNTY OF ~
I HEREBY CERTIFY that the foregoing instrument was acknowledged before me this
~]¢J day of ~-"~n~ ,2005, by Eoghan N. Kelley. He { } is personally known
to me or {~} has produced F'/~t. ~r;~r'~' £,~,~,~ as identification·
Notary Public
Print Name: 2:>EJo,-r.~
Commission No.:
My commission expires:
ORLDOCS 10329564 1
CONSENT
The undersigned, as one of the grantors under that above-referenced Easement
Agreement, does hereby consent to this Assignment from the City of Sanford, Florida to Pulte
Home Corporation, a Michigan corporation.
Signed, sealed and delivered
in the presence of:
Print Name:
STATE OF FLORIDA
COUNTY OF
I HEREBY CERTIFY that the foregoing instrument was acknowledged before me this
~ ~ ~ day of,_,~-~,~ ,2005, by Harold G. Harstock, as Trustee of Seminole
County Trust Farms IV. He { } is personally known to me or {ht}Chas produced
fflor-,'a,~ ,T),-;,~e,-~ Z,~,s'e. as indentification.
.pr. ~ b~,~ 3q7-~'1-7~t~'
Notary Public
PrintName: '~e~.,-/x V.
Commission No.:
My commission expires: /~-~o -~2o~ ~'
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EXHIBIT "A"
PULTE PROPERTY
DESCRIPTION:
That part of Sections 28 and 33, Township 19 South, Range 30 East, Seminole
County, Florida, described as follows:
Commence at the Southwest comer of said Section 28; thence run N89°53'11"E
along the South line of the Southwest 1/4 of said Section 28 for a distance of
1319.09 feet to the Southwest comer of the South 1/2 of the Southeast 1/4 of the
Southwest 1/4 of said Section 28 and to the POINT OF BEGINNING; thence run
N00°08t45"W along the West line of said South 1/2 for a distance of 659.87 feet to
the North line &said South 1/2; thence mn N89°54'38"E along said North line for
a distance of 889.27 feet to the East line of the West 3/4 of said South 1/2; thence
mn S00°09'00"E along said East line for a distance of 659.49 feet to the aforesaid
South line of the Southwest 1/4; thence mn N89°53'1 I"E along said South line for
a distance of 404.77 feet to a point in the West right-of-way line of Upsala Road
being distant 25.00 feet on a beating of S89°53'1 l"W from the Southeast comer of
the Southwest 1/4 of said Section 28, said Southeast comer being in accordance
with Certified Comer Record No. 063142; thence mn S00°10'52"E along said
West right-of-way line for a distance of 60.00 feet to the South line of the North 60
feet of the East 1/2 of the Northeast 1/4 of the Northeast 1/4 of the Northwest 1/4
of said Section 33; thence, departing said West right-of-way line, run S89°53'1 I"W
for a distance of 404.93 feet to the West line of the East 100 feet of the West 3/4 of
the Northeast 1/4 of the Northwest 1/4 of said Section 33; thence mn S00°01'55"E
along said West line for a distance of 335.69 feet to the South line of the South
335.69 feet of the North 395.69 feet of the East 100 feet of the West 3/4 of said
Northeast 1/4 of the Northwest 1/4 of said Section 33; thence mn N89°53'll"E
along said South line for a distance of 100.00 feet to the East line of the West 3/4
of the North 1/2 of the Northeast 1/4 of the Northwest 1/4 of said Section 33;
thence mn S00°01'55"E along said East line for a distance of 214.66 feet to the
North line of lands described in Official Records Book 3713, Page 1221, of the
Public Records of Orange County, Florida; thence mn S81°30'56"W along said
-Nc~rfif line~ for--a-di-stm~ce: of' 1.~8:17' feet' as' measured to the point of-curcature of a
curve concave Northerly having a radius of 5679.65 feet and a chord bearing of
S82°00'0 I"W; thence mn Westerly along said North line and along the arc of said
curve through a central angle of 00°58'10'' for a distance of 96.10 feet to a non-
tangent line, said non-tangent line being in the Northerly right-of-way line of State
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Road No. 417 as laid out and exists; thence run N88°48'3 l"W along said Northerly
right-of-way line for a distance of 271.40 feet to the point of curvature of a curve
concave Northerly having a radius of 1051.92 feet and a chord bearing of
N75°48'46"W; thence run Westerly along said Northerly right-of-way line and
along the arc of said curve through a central angle of 25°59'31" for a distance of
477.20 feet to the point of tangency; thence rrm N62°49'00"W along said Northerly
right-of-way line for a distance of 13.25 feet to the West line of the North 1/2 of
the Northeast 1/4 of the Northwest 1/4 of said Section 33; thence mn N00°25'03"E
along said West line for a distance of 517.46 feet to the POINT OF BEGINNING.
Containing 27.196 acres more or less.
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