HomeMy WebLinkAbout238-RKG Properties Inc & MobilDECL~H/~-~Ci~ ~ ~ OF E~q~l]~q~
~IS DECIARATI(]~ ~ 6~%%NT E~S (hereinafter referred to as the
"Eas~ts A~treealant"), is m~d__e, declared and entered into this
day of , 19~.3 by m~d t~m~n m~G Prr:t:~.es, ~'nc.,
(hminaft:er referred to as the .... ' ' ·
Grantor ), and I~b~.l O~.1 Corporat3.on,
hereinafter referred to as the "Ground Lessee") and the CITY OF SANFORD,r'
'lorida (hereinafter referred to as the "City").
WITNESSETH
~ ~EAS, the Grantor is the owner in fee simple of certain real
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~roperty located in S~ninole County, Florida, more particularly described
~on Exhibit "A" (hereinafter referred to as the "Grantor's Property") and
Grantor has e~tered into a ground lease of the Grantor's Property with
Gregory Mobile Hc~es, Inc., who has assigned its interest to the Ground
Lessee (such assi~_nt having been approved by the Grantor); and
· }~EAS, there exists certain other p~operty lying South 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
cmner thereof is hereinafter referred to as the "Adjacent Owner"); and
~%EAS, in the future, Ground Lessee desires to develop Grantor,s
· ~:~/~%S, in connection with the said development of Grantor's
Property, Grantor and Ground Lessee desire access, ingress and egress
between Grantor's Property and U.S. Highway 17/92, a public street; and
· HEREAS, the City has agreed to grant to Grantor and Ground Lessee
access, ingress and egress between U.S. Highway 17/92 and Grantor's
· ~%S, subject to the tells he~oof, Grantor and Ground Lessee desire
by execution hereof to declare and grant an access, ingress and egress
easement over, across and through a portion of the Grantor's Property as co
shown on Exhibit 'B- (said portion of Grantor's Property is hereinafter
referred to as the "Access Eas~mm~t Area": ) (the eas~_nt is hereinafter
referred to as the "Access Eas6~ent") for the joint benefit of the Owners
and future owners of the Adjacent Owner's Property and the owners, lessees
and future owners of the Grantor's Property and to facilitate necessary
and proper access, ingress and egress betwee~ the Adjacent Owner's
Property, and U.S. Highway 17/92; and
~S, it is Grantor's, the Ground Lessee's and the City's intent 5~
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 and Ground Lessee an eas~t 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 "C~,~anion Access EasEment Area") (the easement is hereinafter
referred to as the "C~anion Access Eas~zent" ) for the joint benefit of
the owners and future owners of the Adjacent Owner's Property and the
owner's, lessee's and future owners of the Grantor's Property and for the
purpose of facilitating (together with the Access Easement) necessary and
p~oper access, ingress and egress between U.S. Highway 17/92 and the
Grantor's Property add Adjacent Owner's Property; and
T~AS, subject to the tennns hereof, Grantor and Ground Lessee also
desire by execution hereof to dedicate to the City Grantor's right to
peamlit ingress and egress between the South boundary of the Grantor's
Property and U.S. Highway 17/92 hereinafter referred to as the "R.O.W.
Dedication" ).
NOW ~ for and in consideration of the premises hereof and
other good and ~aluable consideration, the receipt and sufficiency of
which are hereby acknowledged, the Grantor and Ground Lessee hereby grant,
declare and state as follows:
1. R~Jul'~I~. The above set forth recitals are true and correct and
are adopted by the parties hereto as if fully set forth hereinbelow.
2. ACf~I~S E~. There shall be, and Grantor and Ground Lessee
hereby create, declare to exist, grant and convey to the Adjacs~t Owner a
non-exclusive easement (hereinbefore and hereinafter refe2cred to as the
"Access Easement") for access, ingress add egress purposes over, across
and through the Access Eas~t Area for the purpose of providing access,
ingress and egress between U.S. Highway 17/92 and the Adjacent Owner's
Property and the Grantor's Prop~ or any portion(s) thereof, for the
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benefit of the cwners and future owners of the Adjacent Owner's Property
and Grantor's P~ope~'Ly, their respective successors, assigns, ter~nts,
~L~loyees, cust~Brs, agents, licensees, invitees and guests; provided, ~,~
however, that no improvements shall be constructed within the Access ,
Easement Area without the t~rior written consent of the Grantor and Ground:~
Lessee, their 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 S6~d_nole County, Florida, the C~L~anion Access
Easer~m~t, pzuviding for access, ingress and egress over, across and
through the C~,~%nion Access Easement Area for the owners aD~ future
owners of Grantor's Property and their successors, assigns, tenants,
~loyees, custcrners, agents, licensees, invitees and guests, in fo~m
reasonably acceptable to the owner of Grantor's Property.
3. R.O.W D~ICATIC{q. Grantor and Ground Lessee hereby dedicate to
the City all of Grantor's and Ground Lessee's rights to pez~it ingress and
egress between the South boundary of Grantor's Prope=ty and U.S. Highway
17/92 (hereinbefore and hereinafter referred as the "R.O.W. Dedication"),
save and except Grantor's and Ground Lessee's rights of access, ingress
and egress provided for in Paragraphs 2 and 4 herein.
4. (~/ql~2~'S AND ~ f~/~w.,S i~¢~S. NotwithstaDd!~g anythi//g
set forth herein to the contrary and any of the contingencies set forth
hereinabove, the City hereby grants to Grantor and Grouo~ Lessee and their
successors in title to the Grantor's Property, the perpetua] right of
access, ingress and egress between the portion of Grantor's Property, and
U.S. Highway 17/92, together with the right to install, at any time and in
Grantor's and Ground Lessee's discretion, and subject to City of Sanford
approval, appro[~riate curb outs and other facilities between Grantor's
Property and U.S. Highway 17/92 to facilitate such access, ingress and
egress rights. Grantor and Ground Lessee covenant and agree to r~r~ve 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 cu~enion access
easement area described in paragraph 2 above.
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5. ~%~l~Q~. The Access ~mt and R.O.W. Dedication hereby
declared, created, gra~ted and conveyed shall each be perpet~l in
durat~.on (l:lro~J.~, the .g~coss East shall 1~ po2pot,,~l if and. aft~_rm
the same c~m~ces as hereinabove set forth) and may not be changed,
amended or modified except by an inset in writing executed by the c~ ~ ,,.,:
City and all of the ~wners and ground lessees and mortgagees of the 72 "~
6. MA]/~Z1~%NCE. It shall be the obligation, of Grantor and Ground
Lessee to maintain the Access Eas6~ent Area and any imp~ts located
therein and thereon, consistent with the City Code of the City of Sanford,
Florida.
7. NO RIG~S IN i~T.TC. Nothing herein shall be dee~d to create,
grant or convey any rights in or to the Access Eas~a~ent, the Access
Easement Area and the R.O.W. Dedication in the general public.
8. ~ ~ Wi.n{ ~ LA~). The Access Easement and R.O.W.
Dedication declared, created, granted and conveyed hereby shall run with
the land, subject to the provisions of this A~3reem~nt set forth
hereinabove. The conveyance of an interest in the Grantor's Property or
any portion hereof, shall be subject to the respective burdens and
benefits hereby created to the same extent as if all of the tennis of this
instrument were set forth in such conveyance in full, with or without
specific reference to this Acjre6~0ent.
IN W~'n~ESS ~EOF, Grantor and Ground Lessee and the City have caused
these presents to be executed in manner and fo~m sufficient to bind it as
of the day and year fLrst above written.
Signed, sealed and delivered
~r~ ~J'tt of:
The foregoing instrument was acknowledged before me this
Notary Public, State of F~odda at 5argo
My Con, mission Expires Oct. 19, 1992
Signed, sealed and delivered
in the uresence of:
~DBIL
OI I
~G~OU~D nw-~SEE"
S~ATEOFVIRGINIA )
~OF FAIl{FAX )
The foregoing instrument was acknowledged before m~ this
Signed sealed and delivered
in the presence of:
as
of the .... .~ ".
~)BIL OIL CORPORATIQN ..... , ~ ·
P /,.,",~.~t~"".°~
~ C~m~ssion ~.~', -,~ ,..
~U"~ ' ~
'~,-,:~ · , %' U. ,
CI~ OF ~, ~
"CITY"
STATE OF FLORIDA )
COUNTY OF SEMINOLE )
The foregoing instr~zs~t was acknowledged before me this
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/~/~W~;(.~ of the City of Sanford. '~' · ........'-'
.. ~. 0',,..~;
· - ~ ~
N~lic / ~%. ~ O ,.,'~'
~ c~',~,~ssion ~e~. "-.:.....~...~¢'
LEGAL DESCRIPTION
BEGIN 281.10 FEET SOUTH AND 325 FEET
WEST OF NORTHEAST CORNER, GOVERMENT LOT
2, SECTION 14, TOWNSHIP 20 SOUTH, RANGE
30 EAST, RUN NORTH 106.6g FEET, THENCE
NORTH 78 4-5 MINUTES 9 SECONDS WIEST
352.27 FEET, THENCE SOUTH 25 DEGREES 30
SECONDS WEST 19¢.14 FEET, THENCE
EAST TO A POINT OF BEGINING.
1.288 ACRES MORE OR LESS.