HomeMy WebLinkAbout270-Dvorchak Inc,t ,~,M OF ~CUI! COURT
~EMtNOL[ ~,)UNTY. FI.
RECORDED & V'"FtED
DECLARATION AND GRANT OF EASEMENTS
~"~IS DECI~TIONA/~DGP~EASE~S (hereinafter referred to
as the "Easements Agreement"), is made, declared and entered into
this 6th day of AUGUST , 1991by and between DVORCHAK, INC. ·
a d ' e CITY ~O
~ ~i~ W~EI~S, the Grantor is the owner in fee simple of certai~
~real property located in Seminole Count Flori
i ~p . . ~ Y, da, more .
artlcularly described as w-~, Lot 34, Sanford Central Park
( LEGAL )
~(herelnafter referred to as the "Grantor's Property"); and
%~EAS, there exists certain other property 1 in EAST y g
(DIRECTION)
O
of and adjacent to Grantor's Property with frontage for access on
the same public street (hereinafter referred to as the "Adjacent
Owner's Property") (the owner thereof is hereinafter referred to
as the "Adjacent Owner") and
%V6F~s, in the future, Grantor desires to develop Grantor's
Property; and
W~IF~S, in connection with the said development of Grantor's
Property, Grantor desires access, R%~%ress and egress between
Grantor's Property and COASTLINE
, a public street;
ahd (STREET)
WHF~S, the City has agreed to grant to Grantor access,
ingress and egress between COASTLINE ROAD and Grantor's
(STREET)
Property; and
easement over,--across and ~hrough_a~ portion of
W~EI~S, subject to the terms hereof, Grantor desires by
execution hereof to declare and grant an access, ingress and egress
the Grantor's
Property described as ...SEE ATTACHED D~IPTION - -' (said
(ACCESS EASEMENT LEGAL)
portion of Grantor's Property is hereinafter referred to as the
"Access Easement Area") (the easement is hereinafter referred to
as the "Access Easement") for the joint benefit of the owners and
future owners of the Adjacent Owner's Property and the owners and
future owners of the Grantor's Property and to facilitate necessary
and proper access, ingress and egress between the Adjacent Owner's
Property and Grantor's Property, and COASTLINE ROAD ; and
(STREET)
~5tEREAS, it is Grantor's and the City's intent that the
granting of the Access Easement shall be contingent upon, and
effective if and only if, and at such time as, the Adjacent Owner
grants to the Grantor an easement for access, ingress and egress
over, across and through a portion of the Adjacent Owner's Property
which is adjacent to the Grantor's Property (hereinafter referred
to as the "Companion Access Easement Area") (the easement is
hereinafter referred to as the "Companion Access Easement") for
the joint benefit of the owners and future owners of the Adjacent
Owner's Property and the owners and future owners of the Grantor's
Property and for the purpose of facilitating (together with the
Accesr Easement) necessary and proper access, ingress and egress
between COASTLINE ROAD and the Grantor's Property and
(STREET)
Adjacent Owner's Property; and
%~Y~AS, subject to the terms hereof, Grantor also desires by
execution hereof to dedicate to the City Grantor's right to permit
ingress and egress between the NORTH boundary of the
(DIRECTION)
Grantor's Property and COASTLINE ROAD [hereinafter
(STREET)
referred to as the "R.O.W. Dedication").
NOW T~EREFORE for and in consideration of the premises hereof
and other good and valuable consideration, the receipt and
sufficiency of which are hereby acknowledged, the Grantor does
hereby grant, declare and state as follows: ~'~.~
t. RECITALS. The above set forth recitals are true and~? co
correct and are adopted by the parties hereto as if fully set f~th-
hereinbelow. ~ .....
2. ACCESS EASEMENT. There shall be, and Grantor hereb~
creates, declares to exist, grants and conveys to the Adjacen~ CZ)
Owner a non-exclusive easement (hereinbefore and hereinafter~ C;%
referred to as the "Access Easement~') for access, ingress and ~
egress purposes over, across and through the Access Easement Area
for the purpose of providing access, ingress and egress between
COASTLINE ROAD and the Adjacent Owner's Property and the
(STREET)
Grantor's Property or any portion(s) thereof, for the benefit of
the owners and future owners of the Adjacent Owner's Property and
Grantor's Property, their respective successors, assigns, tenants,
employees, customers, agents, licensees, invitees and guests;
provided, however, that no improvements shall be constructed within
the Access Easement Area without the prior written consent of the
Grantor, its successors and assigns and, provided further, that the
Access Easement shall be contingent upon, and effective if and only
if, and at such time as, the Adjacent Owner shall grant, execute
and record in the Public Records of Seminole County, Florida, the
Companion Access Easement, providing for access, ingress and egress
over, across and through the Companion Access Easement Area for the
owners and future owners of Grantor~s Property and their
successors, assigns, tenants, employees, customers, agents,
licensees, invitees and guests, in form reasonably acceptable to
the owner of Grantor's Property.
3. R.O.W. DEDICATION. Grantor hereby dedicates to the City
~-6f-Grantor's right to permit'ingress and egress between the
NORTH boundary of Grantor's Property and
[DIRECTION)
COASTLINE ROAD (hereinbefore and hereinafter referred
(STREET)
as the "R.O.W. Dedication"), save and except Grantor's rights of
access, ingress and egress provided for in Paragraphs 2 and 4
herein.
4. GI~R'S ACCESS %~D cOASTLINE ~D~is amended to read as
(STREET)
Notwithstanding anything set forth herein to the contrary and
any of the contingencies set forth hereinabove, the City hereby
grants to Grantor, and its successors in title to the Grantor's
Property, the perpetual right of access, ingress and egress between
the portion of Grantor's Property, and COASTLINE ROAD ,
(STREET)
together will the right to install, at any time and in Grantor's
discretion, and subject to CITY'S approval, appropriate
(AGENCY)
curb-cuts and other facilities between Grantor's Property and
CQA~TI.INE ROAD to facilitate such access, ingress and egress
(STREET)
rights. Grantor covenants and agrees to remove any driveway and
curb cuts in the R.O.W. Dedication and to landscape consistent with
Grantor's Property concurrent with the installation of ingress and
egress on the Access Easement Area and Companion Access Easement
Area described in paragraph 2 above.
2
5. DURATION. The Access Easement and R.O.W. Dedication
hereby declared, created, granted and conveyed shall each be
perpetual in duration (provided, the Access Easement shall be
perpetual if and after the same commences as hereinabove set forth)
and may not be changed, amended or modified except by an instrument
in writing executed by the City and all of the owners and
mortgagees of the Grantor's Property.
6. MAI~TmNANCE. It shall be the obligation, of Grantor to
maintain the Access Easement Area and any improvements located
therein and thereon, Consistent with the City Code of the City of
Sanford, Florida.
7. NO RIGHTS IN PUBLIC. Nothing herein shall be deemed~o'LO
create, grant or convey any rights in or to the Access Easeme~,c~)
the Access Easement Area and the R.O.W Dedication in the gen~a~
public.
8. COVENANT RUNNING WITH ~ LAI~D. The Access Easement~n~
R.O.W. Dedication declared, created, granted and conveyed
shall run with the land, subject to the provisions of this
Agreement set forth hereinabove. The conveyance of an interest i~-
the Grantor's Property or any portion thereof, shall be subject to
the respective burdens and benefits hereby created to the same
extent as if all of the terms of this instrument were set forth in
such conveyance in full, with or without specific reference to this
Agreement.
IN WITNESS W~.WEOF, Grantor and the City have caused these
presents to be executed in manner and form sufficient to bind it
as of the day and year first above written.
Signed,
/
sealed and delivered
prese~cen of:
STATE OF FLORIDA
COUNTY OF SEMINOLE
The foregoing instrument w~_,~ __ ,,~,..~.,~._ acknowle~ge~ b~e[~re.me this 6th
By: , ~ as~?~, ~/~ ~ / , .:~ ,::. . :.'.-
My Co~ssion Expir~: *
Signed, sealed and delivered
in the presence of:
By:
"CITY"
STATE OF FLORIDA
COUNTY OF SEMINOLE
Th~ Fnregoing instrument wasacknow~ck~edbefore me this ~_
day of(/~//~ , 19~/, by ? ~.~,~, , as
~M ~..~ of the City of Sanford.
Notary Public
My Commission Expires:
LEGAL DESCRIPTION
THE EAST 16.9 FEET OF THE
OF THE WEST-l/2 OF LOT 34,
PARK, PLAT BOOK 33, PAGES
NORTH 34 FEET
SANFORD CENTRAL
64-66, SEMINOLE
COUNTY RECORDS.