HomeMy WebLinkAbout222-Dewey & Edna Smith¥
.J
--'~-CORBEO & VERIFI£~./D~~'~
ISBgFEB28 FM 1:37
DECLARATION AND GRANT OF EASEMENTS
T~IS DECL~TION AND C~ EASE~NTS (hereinafter referred to
as the "Easements Agreement"), is made, declared and entered into
this 15th day of Decemb~, 1989by and between 9~dey H. ~ F~na P. Smith,
( OW/~ER )
(hereinafter referred to as the "Grantor") and the CITY OF S~/~FORD,
FLORIDA (hereinafter referred to as the "City").
W I T N E S S E T H:
I~-IEItF.~i, the Grantor is the owner in fee simple of certain
real property located in Seminole County, Florida, more
particularly described as
Lot 2 o~ ~eor¢ia A~, Pg 7, Pq 52 o~ Sem. Co.
( LEGAL )
(hereinafter referred to as the "Grantor's Property"); and
WHEREAS, there exists certain other property lying E~t
(DIRECTION)
of and adjacent to Grantor's Property with frontage for access on
the same public street (hereinafter referred to as the "Adjacent
~ner's Property") (the owner thereof is hereinafter referred to
as the "Adjacent C~4ner") and
WHEREAS, in the future, Grantor desires to develop Grantor's
Property; and
WHEP~AS, in connection with the said development of Grantor's
Property, Grantor desires access, ingress and egress between
Grantor's Property and
and
feast 1~th Street
(STREET)
, a public street;
%~S, the City has agreed to grant to Grantor access,
ingress and egress between W~ 13th S~e~ and Grantor's
(STREET)
Property; and
Wq{EP~AS, subject to the terms hereof, Grantor desires by
execution hereof to declare and grant an access, ingress and egress
easement over, across and through a portion of the Grantor's
Property described as .qe6 FxhibitA (at~ached) (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
1
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 I~t 13th S~ee~ ; an~
(STREET)
WHEREAS, 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
Access Easement) necessary and proper access, ingress and egress
between ~.;~t l$~h S~e~t and the Grantor's Property and
(STREET)
Adjacent owner's Property; and
WHEREAS, 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 ~0~th boundary of the
(DIRECTION)
Grantor's Property and I,;~ ~ $~%~t (hereinafter
(STREET)
referred to as the "R.O.W. Dedication").
NOW THEREFORE 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:
1. RECITALS. The above set forth recitals are true and
correct and are adopted by the parties hereto as if fully set forth
hereinbelow.
2. ACCESS EASEMENT. There shall be, and Grantor hereby
creates, declares to exist, grants and conveys to the Adjacent
Owner a non-exclusive easement (hereinbefore and hereinafter
2
as the
access,
herein.
4.
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
W~t 13th St~e~
and the Adjacent Owner's Property and the
(STREET)
Grantor's Property or any portion(s) thereof, for the benefit
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
all of Grantor's right to permit ingress and egress between the
North
boundary of Grantor's Property and
(DIRECTION)
I~t 13th ~eet (hereinbefore and hereinafter referred
(STREET)
"R.O.W. Dedication"), save and except Grantor's rights of
ingress and egress provided for in Paragraphs 2 and 4
GRANTOR'S ACCESS TO W. 13~h St., 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 w~ 13th S~e~ ,
(STREET)
3
together will the right to install, at any time and in Grantor's
discretion, and subject to Cry of Sanf0rd approval appropriate ~
, ~
(AGENCY) o
curb-cuts and other facilities between Grantor's Property an~
(~t 13th Street to facilitate such access, ingress and egres~
(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.
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. MAINTENANCE. 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 RIGRTS IN PUBLIC. Nothing herein shall be deemed to
create, grant or convey any rights in or to the Access Easement,
the Access Easement Area and the R.O.W. Dedication in the general
public.
8.
R.O.W.
CO~FEI~AI~T RUNNING WIT~ ~ LA~'D. The Access Easement and
Dedication declared, created, granted and conveyed hereby
shall run with the land, subject to the provisions of this
Agreement set forth hereinabove. The conveyance of an interest in
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.
4
IN WITNESS WHEREOF, 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
in the presence of:
STATE OF FLORIDA
COUNTY OF
The foregoing instrument was acknowledged before me this . .
day of ~ /? , 19~f~ by
_ N 66a~l~ffb~ c ....
S~mission Expires:
Signed, sealed and delivered
in the presen.ce of:
:- .. (1
By:
"CITY"
STATE OF FLORIDA
COUNTY OF SEMINOLE
The foregoing instrument was acknowledged before me~thj-_s, , ~- .-, .2~7~h_
day of February , 19 90, by Bettye D. Smith t/'~' ,Tc O'...
Mayor of the City of San~. -,~ .~ , ? .: ~ ~
~6ta~ PubXie / ~
~y ~ission Expires:
5
E.~HIBIT "A"
Descriotion of Cross Access Easement on Lot 2 to run to the benefit o~
Lot 1 of Georgia Acres, Plat Book 7, Page 52 of The Public Records of
Seminole County, Florida.
Cormmencing at the northeast corner of Lot 2 of Georgia Acres, Plat
Book 7, Page 52 of the Public Records of Seminole County, Vlorida,
proceed southerly along the east side of said Lot 2 for 50', thence
westerly parallel to the north lot line of said Lot 2 for a distance
of 24'; thence northerly paralleling the east side of said Lot 2 for
a distance of 50' to the north lot line of said lot; thence easterly
along the north lot line of said lot 24' to the point of beginning.