HomeMy WebLinkAbout494-City of Lake Maryi0, 28.2002 ii~43 CITY OF LAKE MARY ~ 940?35056(]6
NO. 670
Grant of Easement made and cmered into as of this/5_ day
between The City of Sanford, FlOr~ ("Grantor") and The City of I-ak¢ M~ry ('bxranafler "Orant~").
WHEREAS, Grantor owns and holds fee simple title to the prOperty described in the attached co
Exhibit "^" (the "Property"); and
WI-fERJ~AS, Grantee has requited from Grantor an easement over anxl across the Property, such
easemmt being as shown on the schematic attached as Ex}~il "B", ("E?asemem Area"), for the pttrpose
of creating public access to Rantoul Lane from Paola Road; and
WHEREAS, Grantor is ,JAiling to provide an easen-~nt to Grantee on the term~ and conditiom
hereinafter set forth.
NOW, THERBFOPdE, far and in consiiteration of Tea ($10.00) Dollars paid by Grantee tc
Grantor, receipt of which is hereby acknowledged, and other good and valuable comJderadons, the
parti~s agree as follows:
The foregoing recitah axe true and carrecl and incorporated here/n by reference,
2. Grantor hereby conveys to Grantee a non-exclusive ea~enaent (the "Easement') ova a.ml .-e ~ _
across the Easeraent Area for vehicular and pedestrian t*affic, u01ity and stormwata systems, sidewalks
and landscaping over the Property on the following condi~om, each of which Grantee, on behalf of iBelf co
and its sueee~or~ and assigns, h~eby acknowledges and agrees to abide by and comply with:
(a) Grantee shall not modify or 'alter the Easement Area, except as shown in the .~,
FINAL DEVELOPMENT PLANS & CONSTRUCTION PLANS FOR THE RESERVE AT LAKE? cn ~..2~
MARY ("The Plato") as approved by the City of Sanford on March 7~' 2001, (development plans dated tm
1/04/01 anti landscaping plans dated 2/I,1/0D without Grantor's prior wfittea
0a) Any additions, alterations or modifications to the mlprovetrents with/n the
Easement Area by Grantee shall be implenented so as to minimize d/m, upfion to Grantor's use of the
Mayfair Golf Course., and at no t/me shall -
with the Grantor's Use of said Golf Comse.Grantee's constructmn within the Easement Area interfere
(c) Grantee's a~c of thc Easm~nt and the Easerm~ Area sball bc lira/ted to ~
veh/~ ~d p~ ~affic, ufili~ and stouter syst~, si&~l~ ~ l~capmg ~d sh~I not ~
be ~cd by ~tee for p~ng ~ ~ oth~ p~ose whats~. ~
(d) ~anree's use of ~ Bas--ut ~d ~e Eas~t Area shall at MI fi~s be ~
subjea to ~d ~ c~h~e m~ fll a~li~le gov~ntal lam, ~, ~s and re~h6~. ~
e) ~tm shall ob ' " ' - ,,
&e Eas~t ~ea Rm ~e Ci~ of S~f~d ~or to ~uan~ of Ce~ficate of Oee~ for ~y lot
M~ the "R~e at L&e M~ S ' ' ' '
~r~ms ~e ~wlete ~d ~et the co~ ~d regulations of the Ci~ of Sanford.
3. ~e Gr~t~ shall be r~m*~le f~ fll ~mtmmce of~e ~t~ts ~ ~e
~t m ~ sho~ on ~e PI~. If tM Gr~ fails to m~ta~ s~d ~rovemts, the ~tor
~Y ~e su~ r~air~ at ~e ~tee's
Page I of 2
i0~28/2002
ll;4J
N0.670
4. TI~ Grant of Easement zcp~csmts thc entre unacrstanamg I~ctwcen ufamor and Grantcc
as m thc mar~-s sc~ forth hc~cm.
5. Tlus Orant of Easement may aot be aa~'ndefl except in writing in a form recotdable in the
Pabl~c Record, of $¢rranol¢ Couniy, Florida, executed by Orantor and Grantee.
6. T~Js G/'a.qt of Easerrent shall be bm~g ~koon, inure to the bentfit of, a~! of Granter and
Grantee's successors and assigns, and shall bca core. am num/ng wilh di¢ land in favor of thc Property.
7. In the event of any litigatio~ rega:dmg this Grant of Easement, the prewtiling party sMll
bc entitled to an award agoJr~t thc non prcvaJBng p~7 for costs a.nd attorney~ fees, including costs and
attorneys fees on appeal.
IN WITNESS W~EREOF, Grantor and Grantee have set their hands a. nd seals the date first
written above,
Printed Name of Wirn~ss
c L/t/on
Printed Name of Witness
Its:
Page 2 of 2
CITY OF L~KE r,l,~Y -~ 94073305606
Exh~it A
Lease Golf Course Are~;
N0.670
Block 6 of the Bel4sle Section of Loch Arbor as recorded in Plat Book 7, Page 72, of the Public
Records of Seminole County, Florida
AND
Begm 30 chain~ sou*.h oft. he northeast comer of Section 4, TownsNp 20 South, Range 30 E~t,
nm south 12.83 chains, thence west 7.17 chains, thence north 45 degrees west 4 chains, thence
west 20.04 chains, thence south 10 chains, thence west 5 chains, thence south 3 chains, thence
west 5 chains, thence north 53 chants, thence east 20 chains, thence south 20 chains, thenceeast
10 ehains, thence south 10 chains, thence east 10 chains to the point of begining, containing 123
acres more or les~, (LESS: Beginning at a point on the east line of Section 4, Township 20 South,
Range 20 East, Seminole County, Florida, 1951 feet South of thc Northeast comer of said
Section 4, thence run South along the East Line of said section 1066 feet, run thence West 98.9
feet, nm thence North 71 degrees and 14 minutes West 385.5 feet, run thence South 87 degrees
51 minutes, and 15 seconds East a64. l 0 feet to the point of beginn/ng)
AND
Begin 53 chums South of the NW comer of East ~ of Section 4, Township 20 South, Range 30
East, run South 3503 feet, thence East 200 feet, thence North 56 degrees 49 V~ rmnutes East
222.05 feet, thence North 14 degrees 40 ~ minutes East 440.92 feet, thence West 167.1 feet,
thence South 198 feet, thence West 330 feet to the point of beginning;
AND
Out Lot No. 1, less the north 230 feet, LOCH ARBOR, Country Club l~ntrance Section: P{lat
Book 5, Page 72 of the Public Records of Seminole County, Florida.
10,--~$--~002 11~4~ ~ITY OF LA~:~E HARY +
LL ,L DESCRIPTION
Exhibit B
39 01~5
$[HIHOLE CO..FL
~04
10.-'28/'2002 11;,4~ CITY OF LR~E H~PY ':, 9407,~,~0~606
NO. 678
'~ .... orrlctAL ~£C0R05
039 01~6
CO..FL
- EXHIBIT C ~r,, ~ ~, ~
THE RESERVE AT LAKE MARIf0 3 ~ 0 I b, "~.R. 45-A
PAYOLA k,.-.
F]~ ',,,C:'L~i~kG DORCHESTER ROAD
' *EXHIBIT D ~'~ ~o,~ ...Gl ~.,
"' " ~ 'THE RESERVE AT LAKE I~, .¢[~03c~ 0ILI~R. 4S~,A PAYOLA:
REALIGNMENT
S~Hlli0L[ CO.,FL