HomeMy WebLinkAbout627 Beryl Landing - Utility EasementGRANT MALOY, SEMINOLE COUNTY
CLERK OF CIRCUIT COURT & COMPTROLLER
CFN# 2024073569 Bk:10678 Pg:1313-1319(7Pgs)
This Instrument Prepared By And Return To: REC: 08/14/2024 3:28:43 PM by csmithRECORDING FEES $61.00
Lonnie N. Groot DEED TAX $0.70
Stenstrom, McIntosh, Colbert, & Whigham, P.A.
(� 300 International Parkway
Suite 100 �j 4
Lake Mary, Florida 32746 l�
Tax Parcel Identification Numbers: 22-19-30-5WC-0000-OOEO,
22-19-30-5WC-0000-OODO and 22-19-30-5WC-0000-OOCO.
CITY OF SANFORD/(BERYL LANDING)
UTILITY EASEMENT
THIS UTILITY EASEMENT is made and entered into on the date set forth below,
by and between SR46 Land Investors, a Florida limited liability company, whose principal
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and mailing address is 921 North Pennsylvania Avenue, Winter Park, Florida 32789,
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PULTE HOME COMPANY, LLC, a Michigan limited liability company, whose principal
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and mailing address is 3350 Peachtree Road Northeast, Suite 1500, Atlanta, Georgia
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30326 and whose local address is 4901 Vineland Road, Suite 500, Orlando, Florida
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32811, and DD SANFORD II, LLC, a Georgia limited liability company, whose principal
and mailing address is 403 Corporate Center Drive, Suite 201, Stockbridge, Georgia
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30281, all of which are authorized to conduct business in the State of Florida, hereinafter
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collectively referred to as the "GRANTORS", and the CITY OF SANFORD, a municipality
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of the State of Florida, whose address is 300 North Park Avenue, Sanford, Florida 32771,
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hereinafter referred to as the "GRANTEE".
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WITNESSETH:
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FOR AND IN CONSIDERATION OF the sum of TEN AND NO/100 DOLLAR
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($10.00) and other good and valuable consideration, the receipt and sufficing of which is
hereby acknowledged, the GRANTORS do hereby grant and convey to the GRANTEE
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and its assigns, a non-exclusive easement for utility purposes, with full authority to enter
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upon, excavate, construct and maintain as well as permit activities within, all as the
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GRANTEE and its assigns may deem necessary, sewer pipes and mains and associated
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facilities, over, under, upon and through the following -described lands situated in the
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County of Seminole, State of Florida, to -wit (the "Easement Area")-.'
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See Exhibit 'A' (Legal Description), as attached hereto and incorporated herein, and
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Exhibit "B" constituting a sketch of description.2
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FURTHER, TO HAVE AND TO HOLD said Easement Area unto said GRANTEE
and its assigns forever. TOGETHER WITH all other Common Law covenants of seisin,
The preparer did not prepare or endorse the legal description that is used in this document and it was
provided by someone other than the City of Sanford or a City consultant. Nor, did the preparer determine
which Tax Parcels were implicated by virtue of this action.
2 See Footnote 1.
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the conveyance also includes the covenant of further assurances.
THE GRANTEE and its assigns shall have the right to clear, keep clear and
remove from the Easement Area all trees, undergrowth and other obstructions that may
interfere with location, excavation, operation or maintenance of the utilities or any facilities
installed thereon by the GRANTEE and its assigns, and the GRANTORS, and the
successors and assigns of the GRANTORS, agree not to build, construct or create, or
permit others to build, construct or create any buildings or other structures on the
Easement Area that may interfere with the location, excavation, operation or maintenance
of the GRANTEE's utility facilities, or any other facilities of the GRANTEE installed
thereon, unless approved by the GRANTEE. GRANTORS reserve for themselves and
their successors and assigns the right to use the Easement Area for all purposes not
inconsistent with this Utility Easement, including, but not limited to, paving, constructing
and maintaining driveways, parking, landscaping, and all associated facilities related
thereto; provided however that it shall be the obligation of the GRANTORS to make any
repairs or reconstruction necessary to address damages to the Easement Area resulting
from the maintenance, repair or reconstruction of facilities or equipment located within the
Easement Area which necessitate cutting into or displacing paving, pavement. Driveways,
parking, landscaping and associated facilities. THE GRANTEE TO HAVE AND TO HOLD
the right to reasonably enter upon the contiguous lands of the GRANTORS in order to
accomplish the aforesaid actions and free ingress and egress over and across the said
property.
IN WITNESS WHEREOF, the GRANTOR has hereunto set the GRANTORS'
hands and seals.
SIGNATURE BLOCKS FOLLOW:
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WITNESSES:
it ss One Signature
Printed Name: Denver Marlow
Address: 921 Pennsylvania Ave.
Wi ter, Park, FL 32789
Witness Two�Signature
Printed Name: Julian Bryan
Address: 921 Pennsylvania Ave.
Winter Park, FL 32789
STATE OF FLORIDA
COUNTY OF ORANGE
SR46 LAND INVESTORS, LLC, a
Florida li ' C -d 41 y comp
By: Authorized Officer
Printed Name: Andrew Gardner
Title: Manager
ACKNOWLEDGEMENT
I HEREBY CERTIFY that on this day, before me, an officer duly authorized to
administer oaths and take acknowledgments, personally appeared Andrew Gardner {X}
who is personally known to me or { } who produced as
identification and he acknowledged before me that he executed the same. Sworn and
subscribed before me, by Christopher Gardner by means of {X} physical presence or { }
online notarization on the date below, the said person did take an oath.
WITNESS my hand and official seal in the County and State last aforesaid this ig{'n
day of June, 2024.
i
AL Notary P=StateofN 'ta Public State of Florida
Denry ,��i�My Com(A Notarial Seal)
Expi
Printed Name: Denver Marlow
ADDITIONAL SIGNATURE BLOCKS FOLLOW:
31 Page
WITNESSES:
Witness One Signature
Printed Name: \10jPYlQ 1XS O
Address: ffq 0 I it i �elavicl RcA
S 5cZ) oYVAY\C O ZL
329111
Witness Two Sign , J
Printed Nam ---�
Address:q . 1 4�,VP AP
S!/f`TE S00, ogLW40.
STATE OF -fi4Y t0k
COUNTY OF CSCE it
PULTE HOME COMPANY, LLC, a
Michigan imited liability company.
By: Authorized Officer
Printed Name: �-,J
Title: ' ��r7 i LftqL,
ACKNOWLEDGEMENT
HEREBY CERTIFY that on this day, before me, an officerI �authorze t to
administer oaths and take acknowledgments, personally appeared
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who is personally known to me or { } who produced tis
identification and he ackn4='EKy
e that he executed the same. Sworn and
subscribed before me, by means ofd physical presence or {I online
notarization on the date below, the said person did take an oath.
WITNESS my hand and official seal in the Command State last aforesaid this '
day of June, 2024.
ff8ond]edthrough
UGENIA RIOS•D
Public - State llc; State of Florida
mission k HHm. Expires No(Affix Notarial Seal)h National NPrinted Name:
ADDITIONAL SIGNATURE BLOCK FOLLOWS:
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WITNESSES:
STATE OF GEORGIA
COUNTY OF HENRY
DD SANFORD II, LLC, a Georgia limited
liability company. 1--7
By: Authorized C
Printed Name: Fi
Title: CFO of Mo
Investors, I
ACKNOWLEDGEMENT
c., Its Manager
HEREBY CERTIFY that on this day, before me, an officer duly authorized to
administer oaths and take acknowledgments, personally appeared Fred S. Hazel, CFO
of Morrow Investors, Inc., a Georgia corporation, sole Manager of DD Sanford II, LLC, a
Georgia limited liability company, and who is personally known to me and he
acknowledged before me that he executed the same. Sworn and subscribed before me
by Fred S. Hazel, by means of physical presence, the said person did not take an oath.
WITNESS my hand and official seal in the County and State last aforesaid this 2e—
day of June, 2024.
Megan M. Lanz
NOTARY PUBLIC (Notary Public; State of Georgia
Henry County, Georgia
[My Commission Expires June 13, 2025 (Affix Notarial Seal)
Printed Name: M e�At--) ,tit
LEGAL DESCRIPTION AND SKETCH FOLLOW:3
3 See prior footnotes.
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Exhibit A
Legal Description
A TRACT OF LAND BEING A PORTION OF PARCEL 'J' (LIFT STATION), PARCEL'H'(LANDSCAPE),
PARCEL'G' (RIGHT OF WAY), PARCEL'C', PARCEL'D' AND PARCEL 'E' (COMMUNICATIONS),
BERYL LANDING, ACCORDING TO THE PLAT THEREOF, RECORDED IN PLAT BOOK 89, PAGES 30
THROUGH 33 OF THE PUBLIC RECORDS OF SEMINOLE COUNTY, FLORIDA, LYING IN SECTION
22, TOWNSHIP 19 SOUTH, RANGE 30 EAST, SEMINOLE COUNTY, FLORIDA
BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCE AT THE SOUTHWEST CORNER OF SAID PARCEL'D'; THENCE RUN NORTH 89057'42"
EAST, ALONG THE SOUTH LINE OF SAID PARCEL'D', FOR A DISTANCE OF 209.43 FEET TO THE
SOUTHWEST CORNER OF SAID PARCEL'X (LIFT STATION) AND THE POINT OF BEGINNING;
THENCE RUN NORTH 00°02'18" WEST, ALONG THE WEST LINE OF SAID PARCEL IS FOR A
DISTANCE OF 9.52 FEET; THENCE RUN SOUTH 89053'40" EAST FOR A DISTANCE OF 1370.67
FEET TO THE SOUTHWEST RIGHT OF WAY LINE OF RAND YARD ROAD, ACCORDING TO SAID
PLAT OF BERYL LANDING; THENCE RUN SOUTH 54°31'14" EAST, ALONG SAID SOUTHWEST
RIGHT OF WAY LINE, FOR A DISTANCE OF 25.91 FEET; THENCE DEPARTING SAID RIGHT OF
WAY LINE, RUN NORTH 89053'40" WEST FOR A DISTANCE OF 1354.50 FEET TO THE WEST LINE
OF AFORESAID PARCEL'H'; THENCE RUN NORTH 00°07'27" WEST, ALONG SAID WEST LINE FOR
A DISTANCE OF 5.58 FEET TO THE SOUTHEAST CORNER OF SAID PARCEL'X; THENCE RUN
SOUTH 89°57'42" WEST, ALONG THE SOUTH LINE OF SAID PARCEL'T FOR A DISTANCE OF 37.24
FEET TO THE POINT OF BEGINNING.
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Exhibit B
Force Main Exhibit
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