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Home My WebLink About628 Toll Southeast LLP - Utility EasementGRANT MALOY, SEMINOLE COUNTY CLERK OF CIRCUIT COURT & COMPTROLLER CFN# 2024105381 Bk•1107311 P 8-11 REC: 11/22/2024 8:26:27 AM by csmith00(3Pgs) RECORDING FEES $27.00 DEED TAX $0.70 This Instrument Prepared By And Return To: Mark McIntosh, VP of Land Development 2966 Commerce Park Dr, Suite 100, Orlando, FL 32819 Tax Parcel Identification Number(s): Skyway Landing Phase 1 & 2: See Legal description attached. CITY OF SANFORD UTILITY EASEMENT This Utility Easement is made and entered into this 31 day of October, 2024, by and between Toll Southeast LLP Inc., a Delaware corporation and authorized to conduct business in the State of Florida, whose address is 2966 Commerce Park Drive Orlando, FL 32819 hereinafter referred to as the "GRANTOR", and the CITY OF SANFORD, a municipality of the State of Florida, whose address is 300 North Park Avenue, Sanford, Florida 32771, hereinafter referred to as the "GRANTEE". Witnesseth: For And In Consideration Of the sum of ONE AND NO/100 DOLLAR ($1.00) and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the GRANTOR does hereby grant and convey to the GRANTEE and its assigns, an exclusive easement and right-of-way for utility purposes, with full authority to enter upon, excavate, construct and maintain, as the GRANTEE may deem necessary, ELECTRICAL POLES, TELEPHONE POLES, WIRES, UTILITY LINES, GUY WIRES AND APPURTENANCES, DITCHES, WATER PIPES, SEWER PIPES, GAS PIPES AND MAINS, COMMUNICATION LINES AND FACILITIES as well as associated sidewalks and access roads necessary to utilize utility facilities and improvements in addition to any and all other associated facilities necessary to utilize the utility facilities, over, under, upon and through the following -described lands (hereinafter referred to as the "subject property") situate in the County of Seminole, State of Florida, to -wit: LEGAL DESCRIPTION — SEE EXHIBIT "A" attached To Have And To Hold the right to reasonably enter upon the lands of the GRANTOR that are contiguous to the subject property in order to accomplish the aforesaid actions and utilize the aforesaid facilities and free ingress and egress over and across the subject property and the contiguous property of the GRANTOR. Further, To Have And To Hold said easement and right-of-way unto said GRANTEE forever together with the right to act as assignor or the issuer of utility permits for public or private utility providers who are found by the GRANTEE to provide utility services for the benefit of the public in association with the rights herein granted. The GRANTEE shall have the right to clear, keep clear and remove from the subject property all trees, undergrowth, and other obstructions that may interfere with I I P a g e Prepared by Utilities Department- City of Sanford- 300 N Park Ave. Sanford, FL. 32771 Return to Utilities Department- City of Sanford- 300 N Park Ave. Sanford, FL. 32771 The GRANTEE shall have the right to clear, keep clear and remove from the subject property all trees, undergrowth, and other obstructions that may interfere with location, excavation, operation or maintenance of the utilities or any facilities installed in, on or upon the subject property by the GRANTEE together with the right to require the assigns or permittees of the GRANTEE to accomplish said actions, and the GRANTOR, and the successors and assigns of the GRANTOR, agree not to build, construct or create, or permit others to build, construct or create any buildings or other structures on the subject property that may interfere with the location, excavation, operation or maintenance of the utilities or any facilities installed in, on or upon the subject property. The GRANTOR does hereby covenant with the GRANTEE, that it is lawfully seized and possessed of the subject property in fee simple absolute and, together with all Common Law covenants of seisin, this grant includes the covenant of further assurances. In Witness Whereof, the GRANTOR has hereunto set the GRANTOR's hand and seal, the day and year set forth below. Attestation: AVt,borized Corporate Signatory V\Vness One Signature Printed Name: Zo�,arv� &-vvs Autharized Corporate Signatory Witness Two Signature �1 Printed Name- ��ias -lc a QX& Go'wmerGe- f A,F r ,- Or GRANTOR � C Authorized tigntory' I1 Printed Name: a�IL A ' cl- )mss Title or Office:�- (Seal) �r, Pl. Acknowledgement State Of Florida County Of Orange ) The foregoing instrument was acknowledged before me by means of Com] physical pres nce or ❑ online notarization, this 31 day of October 2024 by Mark McIntosh. 80 0' is personally known to me or ❑ produced the following as identification,: with the below Notary Public intended to be an additional witness to this document. JOHANON#HH NOl' RY PUBLIC, State of FI id EP MY COMMISSION # HH 513640 q� ',,••• �� EXPIRES:Apri19,2o28 My ommissionexpires: /�}��B 21Page Exhibit A LEGAL DESCRIPTION A PARCEL OF LAND LYING WITHIN LOTS 57 AND 64 OF THE PLAT OF "SANFORD CELERY DELTA", RECORDED IN PLAT BOOK 1, PAGES 75 AND 76, PUBLIC RECORDS OF SEMINOLE COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE SOUTH 1/4 CORNER OF SECTION 9, TOWNSHIP 20 SOUTH, RANGE 31 EAST, SAID CORNER ALSO BEING THE SOUTHEAST CORNER OF SAID LOT 64; THENCE S89'26'21"W ALONG THE SOUTH LINE OF SAID SECTION 9 FOR 25.00 FEET; THENCE DEPARTING SAID SOUTH LINE RUN N00°01'32"W FOR 25.00 FEETTO A POINT ON THE NORTH RIGHT-OF-WAY LINE OF KENTUCKY AVENUE AS SHOWN ON THE SEMINOLE COUNTY RIGHT-OF-WAY MAP, COUNTY PROJECT NO. PS -0137, DATED 03/02, SAID POINT ALSO BEING THE POINT OF BEGINNING; THENCE S89°26'21"W ALONG SAID NORTH RIGHT-OF-WAY LINE FOR 465.02 FEETTO THE WEST LINE OF THE EAST 490.00 FEET OF THE SOUTH 1/2 OF SAID LOT 64; THENCE N00*01'32"W ALONG SAID WEST LINE FOR 304.43 FEET TO A POINT ON THE SOUTH LINE OF THE NORTH 1/2 OF SAID LOT 64; THENCE 589'26'46"W ALONG SAID SOUTH LINE FOR 176.94 FEET TO A POINT ON THE WEST LINE OF SAID LOT 64; THENCE N00°04'01"W FOR 329.45 FEET TO THE SOUTHWEST CORNER OF AFORESAID LOT 57; THENCE CONTINUE N00°04'01"W ALONG THE WEST LINE OF SAID LOT 57 FOR 364.89 FEETTO A POINT ON THE WEST LINE OF AFORESIAD LOT 57; THENCE N89'27'58"E FOR 517.49 FEET; THENCE S00°07'05"W 13.00 FEET TO A POINT ON THE WEST LINE OF THE EAST 150.00 FEET OF SAID LOT 57; THENCE S00`01'32"E ALONG SAID WEST LINE FOR 75.00 FEET; THENCE DEPARTING SAID WEST LINE RUN S89°27'58"W FOR 36.58 FEET; THENCE S00"01'32"E FOR 276.78 FEET TO A POINT ON THE SOUTH LINE OF LOT 57; THENCE N89°27'10"E ALONG SAID SOUTH LINE FOR 161.58 FEET TO A POINT ON SAID WEST RIGHT-OF-WAY LINE OF BEARDALL AVENUE; THENCE SOO°01'32"E ALONG SAID WEST RIGHT-OF-WAY LINE FOR 633.75 FEET TO THE POINT OF BEGINNING. CONTAINING 12.205 ACRES (531,657 SQUARE FEET), MORE OR LESS.