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Retum to after recording:
City of Sanford
POB 1788
Sanford, FI32772
MAkYllNNf MURSE~ ClERK OF CIRCUIT COURT
SEMINOlE CIHJNTY
BK 06~06 PQS 1994 - 1997; C4pgs)
CLERK'S n 2007L27241
REf;I1l<lWD 08/31/2007 03:00:08 PM
OED) HOC TAX O. 70
Ri:I~ilIDlNG Ft::E5 35.50
REWkIl!-:D BY T Slith
Prepared by:
Christopher Smith
City of SanfOld
POB 1788
Sanford, FI 32772
GRANT OF A NON-EXCLUSIVE EASEMENT FOR PLACEMENT OF AND USE OF A
SOLID WASTE CONTAINER
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GIant of Easement made and enteled into as of this 2JJ9day of ""S1llo 2007, by and
between GATEWAY ACQUISITIONS, LLC , a FLORIDA LLC COlporation . 'Grantor")
whose address is c/o Sol Genuth, 10491 Copper Lake Dr, Boynton Beach, FL 33437 and The
City of Sanford, Florida (hereinafter "Grantee") a municipal corporation, situated in Seminole
County, Florida,
WHEREAS, Grantor owns and holds fee simple title to the property described as Lot 3 of
the GA IEW A Y A I RIVER WALK as r eCOIded in Plat Book 72 Page 40 of the Public Records
of Seminole County, Florida, herein refened to as the "property"; and
WHEREAS, Grantee has requested from Gr'antor an easement for placement of and use
of one municipal solid waste container ("Dumpster") and access thereto over and across the
Property, such easement area being as shown on the schematic attached as Exhibit "A",
("Easement Area"); and
WHEREAS, Grantor is willing to provide an easement to Grantee on the terms and
conditions hereinafter set forth.
NOW, THEREFORE, for and in consideration of One ($1.00) Dollar paid by Gr'antee to
GrantOl, receipt of which is hereby acknowledged, and other good and valuable considerations,
the parties agree as follows:
1 The fOlegoing recitals ar'e true and conect and incOlporated herein by reference,
2, Grantor hereby conveys to Grantee a non-exclusive easement for placement of
and use of one Dumpster oveI and across the Easement Area (the "Easement").
.. .
J, Grantee shall enclose the Dumpster with a structure designed to conceal/enclose
the Dumpster in an aesthetically appealing manner, such design to be approved by Grantor in
WIiting,
4., Grantee shall construct the necessary improvements, obtain all required permits
and insurance and shall not alter said improvements located within the Easement Area, without
Grantor's prior WIitten consent
5. Grantor shall not alter the Dumpster or enclosur'e without Gr'antee's prior WIitten
consent.
6 Any additions, alterations or modifications to the improvements within the
Easement Area by Grantee shall be implemented so as to minimize disruption to Grantor's use of
the Easement Area, and at no time shall Gr'antee's construction within the Easement Area block
Grantor's access to the Property
7. Grantee's use of the Easement and Easement Area shall be limited to service
vehicular traffic and authorized city personnel for utilizing the Dumpster,
8, Grantee's use of the Easement and the Easement Area shall at all times be subject
to and in compliance with all applicable governmenta1laws, ordinances, rules and regulations
9, This Grant of Easement, and all rights of Grantee created herein, shall be subject
and inferior to all existing and future mortgages encumbering the Easement Ar'ea, lhis
subordination is self executing as to all existing mortgages and shall be self executing as to all
future mortgages or other forms of financing encumbering the Easement Area, provided,
however, in the event Gr antor request additional confumation of such subordination, Grantee
agrees to execute and return such additional documentation within ten (10) days of Grantor's
submission to Grantee of a request for such confirmation,
10 lhis Grant of Easement represents the ~ntire understanding between Grantor and
Grantee as to the matters set forth herein
11, This Grant of Easement may not be amended except in writing in a form
recordable in the Public Records of Seminole County, Florida, executed by Grantor and Grantee,
12. This GIant of Easement shall be binding upon, inure to the benefit of~ all of
Grantor and Grantee's successors and assigns, and shall be a covenant running with the land in
favor of the Property
13 ' In the event of any litigation regarding this Grant of Easement, the prevailing
patty shall be entitled to an award against the non prevailing party fQI costs and attorneys fees,
including costs and attorneys fees on appeal,
2
IN WITNESS WHEREOF, Grantor and Grantee have set their hands and seals the date
first written above,
~A'.d
GATEWAY A~S'~
BY:~ ~
Daniel Medina
Its: Manager
Witness
Printed Name of Witness
~/-/-~~_._-
~:~~€~~S;
Printed Name of Witness
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CITY OF SANFORD, FLORIDA
By:
Witness "-
4-\-tl ~ 91 \T.f\-
Printed Name of Witness
~e- D bfjI//
Witness
~.. ..tot. f:LJ) ~.It/;
Plinted Name of itness
S T A IE OF FLORIDA )
COUNTY OF SEMINOLE )
The foregoing instrument was acknowledged before me this 2..3 day Of~,
2007, by DANIEL MEDINA, as managel of GATEWAY ACQUISITIONS, LLC, a Flol1da
limited liability company, and he acknowledged executing the above instrument in the presence
of two subscIibing witnesses freely and voluntaIily un?er authOlity duly vested in him by said
company and who is personally known to me or who provided a valid FlOIida ivels license as
identification '.__..'~'-'-'
(Affix Notary seal)
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<<AK3:887515_v1>>
RON SEMANS
MY COMMISSION # DD 586255
EXPIRES: August 27, 2010
Bonded ThN NoIaI'f Public Underwrttlrll
3
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SKETCH OF DESCRIPTION
for
THE CITY OF SANFORD, FLORIDA
Legal Description
Commencing at the Southeast Comer of Lot 3, GATEWAY AT RIVERWALK, according to the plat thereof as recorded in Plat
Book 72, Pages 40, 41, 42, and 43, of the Public Records of Seminole County, Florida, thence run N.OOOO1'44"W., along the East
Line of said Lot 3, a distance of 212.28 feet for a POINT OF BEGINNING; thence continue N.OOOO1'44"W., along said East Line,
30.00 feet; thence run S.8gosa'16"W. 30.00 feet; thence run S.OOOO1'44"E. 30.00 feet; thence run N.8go58'16"E. 30.00 feet to the
Point of Beginning.
POINT OF
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SCALE: 1" = 30'
POINT OF COMMENCEMENT ~
SE CORNER OF LOT 3 ~
--------------------_______________________________1/______________
NORTHERLY R/W LINE FULTON STREET
SURVEY NOTES:
1) This is not a "Boundary Survey", only a sketch of the above legal descriptions prepared by this surveyor.
2) Bearings shown hereon are based on the East Line of Lot 3, GATEWAY AT RIVERWALK, being N.OOOO1'44"W. (plat)
3) This legal description was prepared on 1 May 2007~ ' , "" i i I
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~ BI,AI~ ~ITNER - P.s.M. tlO. 3382
P. O. Box 8tJ:;., SBAfoIV, f.~,32.N2 (407) 322-2000
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