HomeMy WebLinkAbout233-Road Alignment ROAD REALIGNMENT AGREEMENT
THIS ROAD REALIGNMENT AGREEMENT iS made and entered into
this ~day of June, 1985 by an~ betweenBO~E PROPERTIES,
INC., a Tennessee corporation ("Borne"), MOD PROPERTIES. LTD., a
Florida l~ited partnership ("Mod"), and the CITY OF SANFORD,
FLORIDA, a political subdivision of the State of Florida ("City")
WHEREAS, Borne is the owner of the real property described
on attached Schedule A (Horne Tract} on which Borne plans to con-
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and
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~ ~ WHEREAS, Mod Properties is the current owner of certain prop-
"~ erty in Seminole County, Florida (Mod Tract) which abuts that
~ portion of Americana Boulevard described in Schedule B attached
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m ~ hereto and incorporated herein by this reference, and
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o ~ WHEM~, Home has heretofore entered into an a~reement with
Lennar Homes, Inc. dated ~c~/nber 18~ 1984, a copy of which is
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· ~ attached hereto as Schedule C, and.
~ ../ WHEREAS, Borne and the City desire to relocate that portion
~ ~ of Americana ~ulevard described in Schedule B to that property
~ M described on Schedule D attached hereto and incorporated herein
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-~ · by reference, and
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~ WHE~AS, Mod Properties is willing to consent to the reloca-
o ~ tion of Americana Boulevard provided that the City and Borne
~ agree to the terms and conditions of this Agreement,
-a ~ NOW, Therefore, for and in consideration of the mutual
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~ covenants contained in this Agreement and other valuable consider-
~ .. ations, Borne,.~M0d and the City do hereby agree as follows:
~ 1. The foregoing provisions shall be considered as part of
~ this Agreement.
2. Borne shall perform the terms and conditions of that
agreement with ~nnar Homes, Inc. attached hereto as Schedule C.
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~ The failure of Borne to perform that agreement, or the breach or
· ~ ~ termination of that agreement by ~nnar, shall render this
Agreement null and void.
3. The City consents to the relocation of Americana Boulevard
as provided in this Agreement as well as in that agreement attached
hereto as Schedule C.
4. Americana Boulevard, as relocated in accordance with this
Agreement and that agreement attached as Schedule C, shall be
dedicated to the City for public right of way purposes, and Horns
and the City agree to take such actions to accomplish such dedication.
Mod agrees to execute such documents as may be reasonably necessary
for such dedication.
5. Eorne agrees to relocate the existing utilities located
within the existing right-of-way of Americana Boulevard described
in Schedule B to the relocated right-of-way of Americana Boulevard
described in Schedule D not later than November 1, 1985."
6. Upon the relocation of Americana Boulevard as provided
in this Agreement and that agreement attached as Schedule C, Mod
agrees to relinquish and abandon ~y right, title or interest in
the property described in Schedule B.
7. The City agrees that at any time within five (5) years
from the date of this Agreement, Mod may construct a sewer lift
station on property owned by Mod, or others, for the purpose of
servicing the property presently owned by Mod in Section 12, Township
20 South, Range 30 East, which sewer lift station may be connected
into the sewer force main presently located in the right-of-way
of Americana Boulevard (as such force main may be relocated in
accordance with this Agreement). Such sewer lift station may be
of sufficient size and capacity to serve the property so owned by
Mod, subject to the current zoning and density restrictions applicable
to such property. Upon completion of such sewer lift station,
the City agrees to accept the sewer lift station in compliance with
the City of Sanford's utility rules, regulations and policies
existing at the %~e Mod Properties submits its development plans ~
to obtain building permits for the project.
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IN WITNESS WHEREOF, the parties have executed and delivered
this Agreement the date stated above.
Witnesses: HORNE PROPERTIES, =NC.
t..~.~]].>~ ~ ~:' ~ _ _ CI~ OF S~FO~, FLORIDA
The foregoing insolent was acknowledged ~,fo~% ~is
day of ~a~ , 1985, by '= [~ . . ,
Vice President of HOM PROPERTIES, INC., a Tennessee corporation,
on behalf of the corporation. ~t ~
Notary P~lic
[Notarial Seal]
My Co~ission expires:
~ Public, ~te ef figrWa
S?AT~ OF My ~mmissi0n ~pi~es
CO~?~ O~
The ~o~egoin9 &ns~e~ vas ac~novle~ge~ be~o~e me ~h~s
day of J~ , 1985, by ~7~ ~I~D,C~ ,
a General Partner of MOD PROPERTIES, LTD., a Florida l~ited partner-
ship, on behalf of the partnership~
Notary P~lic
[Notarial Seal]
My Co~ission e~ires:
STATE OF ~
CO~TY OF~ ~
[Notaria1 Seal]
My Co~issi n epires, L,