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LANDSCAPING AND IRRIGATION
EASEMENT AGREEMENT
THIS LANDSCAPING AND IRRIGATION EASEMENT AGREEMENT ("Easement")
is made and executed this ~i day of ,-~"re~t.~- 2003, by and between
FAMILY WORSHIP CENTER OF SEMINOLE COUNTY, INC. ("GRANTOR"), a Florida
non-profit organization, with a mailing address of 2462 S. Park Avenue, Sanford, Florida
32771. and the CITY OF S^NFORD ("GRANTEE"), a municipal corporation, with offices
at 300 North Park Avenue, Sanford, Florida 32771.
WITNESSETH:
WHEREAS, the GRANTOR is the owner in fee simple of certain real property
located in Seminole County, Florida, being more particularly described on Exhibit "A"
attached hereto and by this reference incorporated herein (the "Property"); and
WHEREAS, the GRANTEE desires a permanent easement to enter into the
Property and install, construct, and maintain landscaping and irrigation; and
WHEREAS, the GRANTEE hereby undertakes certain commitments and covenants
to assure the perpetual and continuing maintenance of such improvements; and
WHEREAS, the GRANTOR has agreed to grant to the GRANTEE a permanent
easement over the Property, subject to the terms and conditions set forth herein.
NOW, THEREFORE, for and in consideration of the premises, the payment of One
and no/100 Dollars ($1.00) in hand paid by the GRANTEE to the GRANTOR, the mutual
covenants and agreements herein set forth, and other good and valuable consideration,
the receipt, adequacy and sufficiency of which are hereby expressly acknowledged by the
parties hereto, the parties hereto do hereby covenant and agree as follows:
Page I of 6
1. RECITALS. The foregoing recitals are true and correct, form a material part
of the consideration relating hereto, and are incorporated herein by reference.
2. LANDSCAPING/IRRIGATION EASEMENT. The GRANTOR hereby creates,
grants, and conveys to the GRANTEE, an irrevocable, perpetual landscaping and irrigation
easement on, upon, over and through the Property, described on Exhibit "B", attached
hereto and by this reference incorporated herein. Ingress/egress to/from the landscaping
irrigation easement shall be over the GRANTEE's Property described in Exhibit "A" and is
hereby granted to the GRANTEE by the GRANTOR.
3. IMPROVEMENTS AND USE.
(a) This Easement includes the GRANTOR granting to the GRANTEE the right
to enter and re-enter onto the Property described in Exhibit "A", and install, construct, and
maintain landscaping and irrigation as the GRANTEE deems necessary or desirable to
accommodate the purpose of this Easement (the "Improvements"). This Easement does
not create or convey any rights whatsoever to the general public to use the Property
notwithstanding the GRANTEE's rights as set forth herein.
(b) All Improvements shall be made at the GRANTEE's sole cost and expense.
The GRANTEE shall keep and maintain the Improvements in good order, repair and
maintenance. The GRANTEE shall not, while installing or maintaining the Improvements,
damage or interfere with the GRANTOR's use of the Property in a manner not inconsistent
with the rights granted pursuant to this Easement. The GRANTEE shall also be
responsible for any modifications to the Property as may be necessary to accommodate
the Improvements, meeting all reasonable specifications of the landscape architect or
Page 2 of 6
engineer who designs the Improvements. The design and engineering of all Improvements
shall be approved by the GRANTOR in writing which approval shall not be unreasonably
withheld.
4. RESERVATION, The GRANTOR reserves unto itself, its successor
transferees and assigns, the right and privilege to use the Property for any purposes not
inconsistent with the GRANTEE's use, occupation or enjoyment thereof.
5. SUCCESSORS AND ASSIGNS. This Easement shall be irrevocable, shall
be appurtenant to the Property herein described and except as otherwise herein set forth,
shall run with said Property forever and be binding upon and inure to the benefit of and be
enforceable by the legal representatives, successors, transferees, grantees, and assigns
of the parties hereto.
6. TERMINATION OR MODIFICATION. This Easement may not be
terminated or modified without the prior joinder and consent of the GRANTEE. The
GRANTEE may terminate this Easement and remove all Improvements at the GRANTEE's
sole discretion after thirty (30) days written notice to the GRANTOR or the GRANTOR's
successor.
7. COMPLIANCE WITH LAWS. The GRANTEE's improvement and use of the
Easement granted herein shall at all times comply with all applicable Federal, State, and
local laws, rules, regulations, orders and requirements.
8. NO WAIVER. Any failure to enforce any provision contained in this
Easement shall in no way be deemed a waiver of the right to do so thereafter. The
invalidity, violation, abandonment or waiver or any one or more of any of the provisions
Page 3 of 6
hereof shall not affect or impair the remaining portions of this Easement.
9. NOTICE. Any notice which any party hereto may be required or may desire
to give hereunder shall be deemed to have been given if delivered personally or if mailed,
postage pre-paid by United States Certified Mail, Return Receipt Requested, or if sent by
nationally recognized overnight courier, e.g., Federal Express, to the addresses set forth
above, or to such other street address or addresses as the party to be given notice may
have furnished in writing to the party seeking or desiring to give notice, as a place for the
giving of such notice provided that no change in address shall be effective until ten (10)
days after sent or given to the other party in a manner provided for above. Any notice
given in accordance with the foregoing, shall be deemed given when delivered personally,
or, if mailed, three (3) days after it shall have been deposited in the United States Mail, or
two (2) days after it has been deposited with a recognized overnight courier service.
10. PARTIES. The term GRANTOR, as used herein, shall mean and refer to the
owner(s) from time to time of the GRANTOR's Property.
11. AMENDMENTS AND WAIVERS. This Easement may be not amended,
modified, altered, or changed in any respect whatsoever, except by further agreement in
writing, duly executed by the parties hereto, or their respective successors or assigns, and
recorded in the Public Records of Seminole County, Florida.
12. SEVERABILITY. This Easement is intended to be performed in accordance
with, and only to the extent permitted by, all applicable laws, ordinances, rules and
regulations. If for any reason and to any extent that any portion shall be invalid or
unenforceable, the remainder of this Easement and the application of such provision to
Page 4 of 6
other persons or circumstances shall not be affected thereby but rather shall be enforced
to the greatest extent permitted by law.
13. SECTION HEADINGS. The section headings as herein used are for
convenience or reference only and shall not be deemed to vary the content of this
Easement or the covenants, agreements, representatives and warranties herein set forth
or limit the provisions or scope of any section herein.
14. RECORDING. The GRANTEE shall record this executed Easement in the
Public Records of Seminole County, Florida and submit to the GRANTOR a copy thereof
with the recording of information thereon within fifteen (15) days from the date of this
Easement, in recorded form, being returned to the GRANTEE.
15. ENTIRE AGREEMENT. This Easement constitutes the entire agreement
between the parties hereto with respect to the transaction contemplated herein, and it
supersedes all such prior understandings or agreements between the parties.
IN WITNESS WHEREOF, the GRANTOR has executed this Landscaping and
Irrigation Easement Agreement this ;.O_. ( 5'~ay of J~P¢~'~ ~:~ ¢- ,2003, by and
through its authorized representative.
FAMILY WORSHIP CENTER OF SEMINOLE
COUNTY, INC.
By:Jeffrey B.~.Eall
Page 5 of 6
STATE OF FLORIDA
COUNTY OF SEMINOLE )
The foregoing was sworn to and subscribed before me this O~ J'54~ day of
~/'~ ¢(~ ~ [3 ~ )~. , A.D. 2003, by Jeffrey B. Krall, of FAMILY WORSHIP CENTER OF
~-EMiNOLE COUNTY,~L.NC., a Florida non-p[ofit organization, who is personally known to
me or who produced ~c-&cb/Ft~/~. RC~') ~ as identification and who did
execute the foregoing document underneath or affirmation.
WITNESS my hand and official seal in the County and State aforesaid this
~)~ I~ day of'~)~_~JCfl~o EA , A.D. 2003.
, State of Florida
My Commission Expires:
ATTEST:
,)'Janet' R. Do~ghert~, City Cl~rk
CITY OF SANFORD
Brady Lessard, ~ayor
Date:
Page 6 of 6
Seminole County Property Apps~er Get Information by Parcel Number...,,
Page 1 of 1
GENE~L
S1-
Pa~l Id: 36-1~0~10 Tax District: S~FORD
F~ILY WORSHIP Exem~lo~: VALUE SUMMARY
~er: CENTER OF
~nlAddr: SEMINOLE CO INC Val~ ~thod: In.me
Addre~: 1770 W AIRPORT BLVD Numar of Building: 1
~Ci~,State~ipCode: SANFORD FL 32771 ~pmciated Bldg Value: $0
pm~y Add--s: 2462 PARK AVE DepriVed ~ Value: $0
Facili~ Name: S~FORD COMMERCE CENTER ~ Value (~rket): $0
Dor: 17~NE STORY OFFICE NON ~nd Value Ag: $0
SALES Jus~a~et Value: $719,780
Deed Data Book Page ~ount Va~mp ~sessed Value (SOH): $719,780
SPECIAL W~ DEED 0~2002 04024 0~36 $950.000 Improv~ ~empt Value: $0
T~able Value: $719,780
QUIT C~IM DEED ~/1996 03~25 1930 $625,000 Imp~
2002 Tax Bill Amount: $15,237
WAR~ DEED 0411983 0145~ t021 $550,0~ Im~ov~
W~N~ DEED 0~1981 01343 ~560 $142,~ lmprov~
WAR~N~ DEED 1~19~ 0t31~ ~07~ $300,~ Vaunt
Find Comparable Sales within ~is DOR C~e
~D LEGAL DESCRIP~ON P~T
LEG LOTS 1 TO 12 (LESS S 10 ~ OF LOTS 6 +
Land ~ess Meth~ Front~e ~h ~nd Units Unit Price Land Value 12) + ALLEY S OF N LINE OF LOTS 1 + 7
SQUARE FEET 0 0 96,1~ 2.50 $240,335 ~ENDED TEAGUES ~D PB 4 PG 2
BUlLDIN~ INFORMATION
Bid Num Bid Cl~s Year Bit Fixtures Gm~ SF ~t Wall Bid Value ~t. Cost N~
I MASONRY PI~S 1960 20 ~,172 CONCRETE BLOCK- MASONRY $537,~3 $1.074,~
Sure.ion I S~ UTILI~ FINISHED / 1482
Su~ion I S~ UTILI~ UNFINISHED I ~0
Sub.ion I Sqff OPEN PORCH FINISHED / 3~5
EXT~ FEATURE
Descflption Y~r Bit Uni~ ~ Value Est. Cost N~
ASP~T DRIVE 2 INCH 1956 70,~0 ~2,5~ $106,260
NOTE: Assessed values shown am NOT ~ified values and them~m are subje~ to change be~m being finalized ~r ad ~lomm tax
pu~oses,
A portion of Lot 12, Teague's Addition as recorded in Plat Book 4, Page 2 of the Public Records
of Seminole County, Florida, being more particularly described as follows:
Commence at the Southwest corner of said Lot 12, thence along the Westerly line of said Lot
12, N 00"11'04" W, 10.00 feet to a point on the Northerly right-of-way of State Road 46;
thence along said Northerly right-of-way, N 89'48'56" E, 64.91 feet to the POINT OF BEGINNING;
thence departing seid right-of-way N 00'11'04" W, 4.40 feet; thence N 59'37'27" E, 47.41 feet;
thence S 70'11'55" E, 7.37 feet to a point on the Westerly right-of-way of Park Avenue elsa
being o point on the arc of o non-tangent curve concave to the west having a radius of
1230.51 feet, e central angle of 01"16'48" and a chord of 27.49 feet that bears S 20"26'29" W;
thence southerly along the arc of seid curve and seid right-of-way, 27.49 feet to o point on
the Northerly right-of-way of the aforesaid State Road 46; thence along said Northerly
right-of-way S 89'48'56" W, 58.22 feet to the POINT OF BEGINNING.
Containing 733 square feet, more or less.
SURVEYOR'S NOTE:
Bearings shown hereon are based on the Centerline of State Road 46 (A.K.A. 25th Street) per Right
Of Way Map Section No. 77040 - 2501, Seminole County, Florida being N 89'48'56" E.
Description
FOR
CiLy of Sanford
June 19, 2003 DC
Job NO.: Scal~,
48034 = 20'
CH. 61G17-6, Florida Administrative
Code requires that a legal description
drawing beer the notation that
THIS IS NOT A SURVEY.
Revised: 01lOT f2004 DC
SHEET 1 OF 2
SEE SHEET 2 FOR SKETCH
CERT. NO. LB2108 48034002
SOUTHEASTERN SURYEY[NG & MAPPING CORP.
6500 All American Boulevard
Orlando, Florida 32810-4350
(407)292-8580 fax(407)292-0141
ema~ info~so~eas~nsurve~g, com
,~"~AR? ~?- K~[CK P.S.~. '
REGISTERED LAND SURVEYOR NO. 4S4S
SKETCH OF DESCRIPTION
WESTERLY LINE
LOT 12
LOT 11 /
TEAGUE'S ADDITION
PLAT BOOK 4-, PAGE 2
SEMINOLE COUNTY,
FLORIDA
182,0' PLAT
LOT 12 ~IIo~,
TEAGUE'S ADDIT[ON
P~T BOOK 4, PAGE 2
SEmiNOLE COUNm
FLORIDA ~ /- ,
~ ~ / / R-12~.31'
~ A~ / L-27.49'
~ ~ ~ I / CB-S2~26'2~W
,s9'~'~-[ s~.91' ~ ~'5~W ~. ~ CH=27.49'
10.~' W POINT OF BEGINNING~ ~ NORTHERLY R/W OF
POINT OF COMMENCEMENT
SOUTHWEST CORNER OF LOT 12,
TEAGUE'S ADDI]]ON, PLAT BOOK 4,
PAGE 2
182,0' PLAT
STATE ROAD 46/A.K.A. 25TH
STATE ROAD 46
STREET
ABBREVIATIONS:
R~W = RIGHT-OF-WAy
A, .A, ALSO KNOWN AS
CH = CHORD DISTANCE
CB = CHORD BEARING
No. 4803¢002
19, 2003
Sheet 2 of 2
See Sheet 1 for Description
& Surveyors Report
Revised: 01/07/2004 DC
1" = 20'
GRAPHIC SCALE
~~ 4'o
SOUTHEASTERN SURVEYING & MAPPING C0RP
6500 All American Boulevard
Orlando, Florida 32810-4350
(407)292-8580 fax(40?)292-0141
emai]: info~southeasternsurveying, eom