Oregon Avenue (6) ttAR YAN,'iL PiORSE
tiLERt~ OF CIRCUIT COURT
6?5798
SEMINOLE COUNTY. FL
RECORDED & VERIFIED
OI APR-9 PH I: 55
This instrument prepared by and
after recording return to:
Robert M. PoppelL Esquire
Akerman, Senterfitt & Eidson, P.A.
255 South Orange Avenue, Suite 1700
Orlando, Florida 32801
....................................... [SPACE ABOVE THIS LINE FOR RECORDING DATA] ...................................
THIS EASEMENT INSTRUMENT HAS BEEN EXECUTED AND DELIVERED UNDER
THREAT OF CONDEMNATION AND/OR IN SETTLEMENT OF CONDEMNATION
PROCEEDINGS AFFECTING THE PROPERTY DESCRIBED HEREIN AND IS NOT SUBJECT
TO DOCUMENTARY STAMP TAX. SEE, DEPARTMENT OF REVENUE RULES 12B-4.013(4)
AND I2B-4.014(14), F.A.C.; AND SEE, FLORIDA DEPARTMENT OF REVENUE v. ORANGE
COUNTY, 620 So.2d 991 (Fla. 1993).
GRANT OF EASEMENT
THIS INDENTURE, made this ,~_'~ay of //J~&~/~ ,A.D. 2001, between
THOMAS RATLIFF, JR., whose physical address is 2437 S. Myrtle Avenue, Sanford, Florida
32771 ("Grantor"), and CITY OF SANFORD, FLORIDA, a municipal corporation, whose
physical address is 300 North Park Avenue, Sanford, Florida 32771 ("Grantee");
WITNESSETH, that Grantor, for and in consideration of the sum of one dollar and other
valuable consideration paid by Grantee, receipt whereof is hereby acknowledged, grants and conveys
to Grantee, its successors, assigns and licensees, a non-exclusive perpetual easement over, upon,
through and across the property of Grantor more specifically described below ("Easement Property")
for purposes of allowing the drainage of stormwater generated upon those portions of Oregon
Avenue/Hughy Street lying adjacent to the Easement Property, all as more particularly described in
this Indenture. The "Easement Property" for purposes of this Indenture is more particularly
described as follows:
See Exhibit "A" attached hereto and hereby incorporated herein.
The drainage easement shall permit the drainage of stormwater from only those portions of
Oregon Avenue/Hughy Street that lie adjacent to the Easement Property, the stormwater from which
is intended to be treated in the Easement Property pursuant to those certain engineering plans for
Oregon Ave/Hughy Street entitled Bid Set, Oregon Avenue/Hughy Street, consisting of pages COO 1
through C506, prepared by SK Consortium, Inc., dated March 5, 2001, Project No. 0046
("Engineering Plans") (the aforedescribed stormwater is hereinafter referred to as the
"Oregon/Hughy Stormwater"), and only pursuant to and consistent with all applicable stormwater
management permits and approvals issued in connection or with respect thereto. The purposes of
OR375083;1
the Drainage Easement shall also include (i) allowing Grantee to enter upon the Easement Property,
as and to the extent necessary, for the purpose of constructing, maintaining and repairing any
improvements within the Easement Property necessary to ensure the uninterrupted drainage of the
stormwater consistent with this Indenture ("Stormwater Facilities") and (ii) allowing Grantee to
temporarily enter upon property of Grantor lying immediately adjacent to the Easement Property,
only to the extent reasonably necessary for the full enjoyment of the drainage easement created
herein, all in accordance with the terms and provisions of this Indenture.
The parties further agree as to the following provisions:
1. Non-Exclusive Easement and Reservation of Rights. The easement rights granted
herein are non-exclusive in nature and are subject to all matters of record. Grantor shall have the
right to use the Easement Property for any purpose not inconsistent with the full use and enjoyment
of the rights granted herein in favor of Grantee. In addition, Grantor hereby reserves the right to, at
its sole cost and expense, modify, reconfigure, alter or relocate the Easement Property and any
facilities or improvements located therein, at Grantor's discretion, in connection with Grantor's
development of the Easement Property and any property of Grantor adjacent thereto, provided,
however, that any such modification, reconfiguration, alteration or relocation shall not unnecessarily
impede the drainage of the Oregon/Hughy Stormwater or otherwise unnecessarily interfere witl~
Grantee's use of the Easement Property. Also, the Grantor shall pay the full cost of the~.
reconfiguration, including any costs for modification required off-site. In furtherance of th~
foregoing, Grantor has the right, without thejoinder of Grantee, to execute and cause to be recorded~
in the Public Records of Seminole County any modification to this Indenture necessary to accurately~
reflect the configuration and description of the Easement Property to be encumbered by thisr-
Indenture consistent with the foregoing provisions of this Paragraph. Notwithstanding anything in
the foregoing to the contrary, Grantor, its successors and assigns, agree not to build, construct or
create, or permit others to build, construct or create within the Easement Property any building or
other structures that may interfere with the location, excavation, operation or maintenance of the
Easement Property or the Stormwater Facilities or the drainage of the Oregon/Hughy Stormwater.
2. Maintenance. Notwithstanding anything in the foregoing provisions of this Indenture
to the contrary, Grantor hereby acknowledges and agrees that it shall have the primary right and
responsibility to maintain the Easement Property and the Stormwater Facilities located therein;
provided, however, that in the event that Grantor fails to so maintain the Easement Property and
Stormwater Facilities in accordance with the requirements of any applicable stormwater management
permits and approvals or rules and regulations of any governmental entity with jurisdiction there
over, Grantee shall be permitted to enter the Easement Property pursuant to this Indenture to perform
such required maintenance and Grantor shall promptly reimburse Grantee for all costs incurred, plus
an administrative fee.
3. Utilization of Easement Rights. Grantee shall utilize the easement rights granted
herein in accordance with the rules and regulations of, and pursuant to any and all permits issued by,
any applicable governmental agencies. No reasonable exercise of any rights granted hereunder shall
be deemed an overburdening of the Easement Property. Notwithstanding anything to the contrary
contained in this Indenture, in no event shall Grantee be entitled to cause, permit or allow any
"Hazardous Substances" to be discharged on, over or into the Easement Property in violation of any
OR375083;1 2
applicable law, rule or regulation. For purposes of this Indenture, Hazardous Substances shall mean
any substance or material defined or designated as a hazardous or toxic waste, material or substance
by any federal, state or local statute or law.
4. Binding Effect. This Indenture, and the rights and interests created herein, runs with
the land and shall be binding upon and inuring to the benefit of the parties hereto and their respective
successors and assigns. Notwithstanding anything in the foregoing provisions of this Indenture to
the contrary, Grantor shall have no duties, responsibilities or liabilities hereunder after Grantor has
conveyed title to the Easement Property to a third party, except for any duties, responsibilities or
liabilities that may have arisen prior to such conveyance.
5. No Construction Liens. Grantee shall not suffer or permit any construction lien to
be filed against any of the Easement Property or other property of Grantor as a result of the actions
of Grantee or its employees, agents or representatives and, in the event of any such construction lien
attaching, Grantee shall have same removed. If Grantee causes or allows any construction liens to
be filed against any portion of the Easement Property or other property of Grantor, and, thereafter,
fails to remove same within thirty (30) days of Grantee's actual notice that said lien has been filed,
then Grantor, at its election, may pay and satisfy the same, or transfer same to other security, and in
such event Grantee shall reimburse to Grantor any and all sums so paid, including interest at the CD '~o
highest rate allowed by Florida law accruing from the date of payment by the Grantor of the lien~ .r- ~:~
amount and including all reasonable costs and expenses incurred by the Grantor in connection~z o'~ ~
therewith, including attorneys', paralegal's and other professional's fees. ,-,rn'9-° eO ~~
6. Captions and Applicable Law. The paragraph and subparagraph captions includec~ ~.~
herein are for reference only and shall not amend, modify or be used to interpret or construe the"
meaning or intent of the parties as to any of the terms and provisions hereof. This Indenture shall ~
be governed, enforced and construed in accordance with the laws of the State of Florida. If any
provisions of this Indenture or the application thereof shall be held to be invalid or unenforceable
in a court of law, the remainder of this Indenture shall not be affected thereby and each provision of
this Indenture shall otherwise remain valid and enforceable to the fullest extent permitted by law.
7. Legal Proceedings. In the event that either Grantor or Grantee hires an attorney to
enforce any term of this Indenture, the party prevailing in said dispute, enfomement action or legal
proceeding shall be entitled to recover reasonable attorneys', paralegals' and other professionals' fees
(including those incurred before or at trial or on any re-hearing or appeal) and costs incurred
incidental thereto from the party not prevailing in said legal proceedings.
8. Enforcement and Remedies. If either party hereto fails to perform or breaches any
obligation, requirement, duty or covenant contained herein, the other non-defaulting party shall have
the right, at its option, in addition to any of its other rights, privileges or remedies otherwise stated
elsewhere herein to (i) bring an action for the recovery of actual damages (not including punitive,
consequential or incidental loss or damage) in a court of competent jurisdiction, and/or (ii) bring an
action for specific performance in a court of competent jurisdiction. The failure to enforce any of
the terms or provisions of this Indenture, however long continued, shall in no event be deemed a
waiver of the right to enforce the same thereafter as to the same breach or violation, or as to any
other breach or violation occurring prior to or subsequent thereto.
OR375083;1 3
IN WITNESS WHEREOF, Grantor has executed and delivered this Indenture as of the day
and year written above.
Signed, sealed and delivered in the presence
of:
Print Nam~~
Print Name: ftC' ~ >//¢//~, ~ ~'~
/
/
"GRANTOR"
Name: Thomas Ratliff, J~.
STATE OF FLORIDA ~
COUNTY OF.'°
The foregoing instrument was acknowledged before me this ~_~ay of /~/~C~ ,r--
2001, by Thomas Ratliff, Jr. Said person (check one) ~s personally known to me or [] produced
as identification.
Print Name~,q
Notary Public, State of Florida
Commission No.
My Commission
OR375083;1 4
Parcel 105B
EXHIBIT "/~"
ALL 'IHAT 11~ACT OR PARCEL OF LAND LYING IN A POR'I1ON OF ~CllON ~, TOWNSHIP 19 SOUTH, RANGE
~ EAST, SEMINOLE COUNTY, FLORIDA, BEING A PORTION OF THAT PARCEL D~ED IN OFFI(3AL
RECORO$ BOOK 1272, PAGE 277, OF THE PUBUC RECORDS OF SEMINOLE COUNTY, FLORIOA HEREIN
Et.rr..~RED TO AS THE PAREIqT TRACT, AND BEING MORE PARllCULARt. Y DESCRIBED AS FOLLOWS:
COMMENCING AT THE WE:ST QUAR';ER CORNER OF SECTION ~.................x~, TOWNSHIP 19 SOUTH, RANGE 30 EAST;
THENCE SSg'56'29"E: ALONG THE: NORTH LINE OF THE SOUTHVe:",i 1/4..OF SAID SECTION ,;13, A DISTANCE
OF 120.29 FEET TO A POINT; 11'IENCE SO0'OO'O0"W A DISTANCE OF 30.00 ~-~.~ TO A POINT ON THE
PROPOSED SOUTHERLY RIG}IT-OF-WAY ENE OF HUGHY ",liXt.r..i, AND THE POINT OF BEGINNING; THENGE
S89'56°2g"E: ALONG SAID PROFOSED RIGHT-OF-WAY LINE A DISTANCE OF 258.79 Fr..t.I; THENCE S88'
O,.T25'E., ALONG SAID PROPO~ RIGHT-OF-WAY LINE, A DISTANCE OF 90.55 ~'r..r.I TO A POINT; THENCE
S00'15'34.'W A DISTANCE OF 38.16 ~-r.r.i TO A POINT; THENCE N89"52'11'W A DISTANCE OF 116.17
TO A POINT; THENCE N56'lg'47'W A DISTANCE OF 12.27 rr.t,; TO A POINT; THENCE N88'I6'55"W A
DISTANCE 98.43 re.r_l TO A POINT; THENCE S32'24'39'W A DISTANCE OF 16.29 rr.t.i TO A POINT;
THENCE Ngo'oo'oo'w A DISTANGE OF 21.76 rr.t.i TO A POINT; THENGE N58'4-2'14'W A DISTANCE OF
41.66 FEET TO A POINT; THENCE S68'19'40'W A DISTANCE OF 41.25 ~:r..r.~ TO A POINT; 1HENGE Ngo'.
O0*O0'W A DISTANCE: OF 19.91 rt.e.~ TO A POINT; THENCE NOO'OO'OO'W A DISTANCE OF 38.82 ~-t.e..i TO A
POINT ON THE SAiD PROPOSi[D RIGHT-OF-WAY LINE., AND THE POINT OF BEGINNING.
and
Parcel 105C
ALL THAT TRACT OR PARCEL OF LAND LYING IN A POR'I1ON OF SEC'lIONS 32 & 33. TOWNSHIP 19 SOUTHi
RANGE ,10 EAST, SEMINOLE CC)UN'W, FLORIDA, BE]NO A POR'I1ON OF THAT PARCEL DESCRIBED IN OFFICIAL
RECORDS BOOK 1272, PAGE 277, OF THE: PUBUC RECORDS OF SEIdlNOLE COUNTY, FLORIDA HENE]N AFle..~
Rr,.rr. ecRED TO AS THE PARENT 1RACT, AND BEING MORE PAR'IICtJLARLY DE:S~BED AS FOLLOWS:
COMMENCING AT THE WEST QUARTER CORNER OF SECllON 33, TOWNSHIP 19 SOUTH, RANGE 50 EAST;
THENCE S89'56'2g'E ALONG THE NORTH UNE OF THE SOUTHYIE:ST I/4. OF SAID SEC'I1ON ,..~, A DISTANCE
OF' 52.82 ~-.r:.r.¥ TO A PDINT; THENCE S00'03',t1"W A DISTANCE OF 30.00 er.t.i TO A POINT ON THE
SOUTHERLY PROPOSED RIGHT-OF-WAY ENE OF HUGHY STREET AND THE POINT OF BEGINNING;, THENCE
S50'30'18"E A DISTANCE OF 21.,,.~ F,Y~..I TO A POINT; THENCE SO0'O0'O0"E A DISTANCE OF 44.60 FEET
TO A POINT; THENCE SgO'O0'O0"W A DISTANCE OF 36.91 /:t.t.~ TO A POINT; THENCE: N63'58'57"W A
DISTANCE OF 51.81 rtt.~ TO A POINT; THENCE S85'5754.'W A DISTANCE OF 58.4.3 FEET TO A POINT;
THENCE N85'OS°O6"W A DISTANCE OF 232.57 FEET TO A POINT; THENCE NOOI:)O'OO'E A DISTANCE OF
19.95 rt:.r.~ TO A POINT ON SAID PROPO~E:D SOUTHERLY RIGHT-OF-WAY ENE; THENCE N89'59'22"W
ALONG SAID PROPOSED RIGHT-OF-WAY LINE A DISTANCE OF 304.22 rtJ:.; TO A POINT; THENCE ,589'
56'29"E., ALONG SAID RIGHT-OF-WAY UN.E, A DISTANCE: OF 52.81 rr.~l TO THE POINT OF BEGINNING.
Geodata Consultants, Inc. Surveying & Mapping
Project No. S05-1
dated February 28, 2001
Retum To:
Absolute Title Agency
359~i~/. Lake Mary Blvd., Suite "B'
Lake Map/, Florida 32746
This instrument prepared by and
after recording return to:
Robert M. Poppell, Esquire
Akerman, Senterfitt & Eidson, P.A.
255 South Orange Avenue, Suite 1700
Orlando, Florida 32801
HARYANI't:. t'.OLS,-
CLERK OF CiRCUiT COUR~
6'78b, 89
SEHtNOLE COUNTY. FL
RECORL)EO & VERIFiEg
OI~PP, I~ PM2:31
Maryaane Morse, ~~
Count' Bit:
....................................... [SPACE ABOVE THIS LINE FOR RECORDING DATA] ...................................
THIS EASEMENT INSTRUMENT HAS BEEN EXECU]ED AND DELIVERED UNDER
THREAT OF CONDEMNATION AND/OR IN SETTLEMENT OF CONDEMNATION
PROCEEDINGS AFFECTING THE PROPERTY DESCRIBED HEREIN AND IS NOT SUBJECT
TO DOCUMENTARY STAMP TAX. SEE, DEPARTMENT OF REVENUE RULES 12B-4.013 (4)
AND i2B-4.014(14), F.A.C.; AND SEE, FLORIDA DEPARTMENT OF REVENUE v. ORANGE
COUNTy, 620 So.2d 991 (Fla. 1993).
THIS INSTRUMENT IS BEING RECORDED TO CORRECT A
TYPOGRAPHICAL ERROR IN THE LEGAL DESCRIPTION IN THE GRANT
OF EASEMENT FROM GRANTOR TO GRANTEE DATED MARCH 23, 2001,
RECORDED APRIL 9, 2001, PUBLIC RECORDS OF SEMINOLE COUNTY,
FLORIDA, OFFICIAL RECORDS BOOK 4046, PAGE 1122.
CORRECTIVE GRANT OF EASEMENT
THIS INDENTURE, made this 13th day of April , A.D. 2001, between
THOMAS RATLIFF, JR., whose physical address is 2437 S. Myrtle Avenue, Sanford, Florida
32771 ("Grantor"), and CITY OF SANFORD, FLORIDA, a municipal corporation, whose
physical address is 300 North Park Avenue, Sanford, Florida 32771 ("Grantee");
WITNESSETH, that Grantor, for and in consideration of the sum of one dollar and other
valuable consideration paid by Grantee, receipt whereof is hereby acknowledged, grants and conveys
to Grantee, its successors, assigns and licensees, a non-exclusive perpetual easement over, upon,
through and across the property of Grantor more specifically described below ("Easement Property")
for purposes of allowing the drainage of stormwater generated upon those portions of Oregon
Avenue/Hughy Street lying adjacent to the Easement Property, all as more particularly described in
this Indenture. The "Easement Property" for purposes of this Indenture is more particularly
described as follows:
See Exhibit "A" attached hereto and hereby incorporated herein.
OR3§3658;I
The drainage easement shall permit the drainage of stormwater from only those portions of
Oregon Avenue/Hughy Street that lie adjacent to the Easement Property, the stormwater from which
is intended to be treated in the Easement Property pursuant to those certain engineering plans for
Oregon Ave/Hughy Street entitled Bid Set, Oregon Avenue/Hughy Street, consisting of pages COO 1
through C506, prepared by SK Consortium, Inc., dated March 5, 2001, Project No. 0046
("Engineering Plans") (the aforedescribed stormwater is hereinafter referred to as the
"Oregon/Hughy Stormwater"), and only pursuant to and consistent with all applicable stormwater
management permits and approvals issued in connection or with respect thereto. The purposes of
the Drainage Easement shall also include (i) allowing Grantee to enter upon the Easement Property,
as and to the extent necessary, for the purpose of constructing, maintaining and repairing any
improvements within the Easement Property necessary to ensure the uninterrupted drainage of the
stormwater consistent with this Indenture ("Stormwater Facilities") and (ii) allowing Grantee to
temporarily enter upon property of Grantor lying immediately adjacent to the Easement Property,
only to the extent reasonably necessary for the full enjoyment of the drainage easement created
herein, all in accordance with the terms and provisions of this Indenture.
The parties further agree as to the following provisions:
1. Non-Exclusive Easement and Reservation of Rights. The easement rights granted
herein are non-exclusive in nature and are subject to all matters of record. Grantor shall have the
right to use the Easement Property for any purpose not inconsistent with the full use and enjoyment
of the rights granted herein in favor of Grantee. In addition, Grantor hereby reserves the right to, at
its sole cost and expense, modify, reconfigure, alter or relocate the Easement Property and any
facilities or improvements located therein, at Grantor's discretion, in connection with Grantor's
development of the Easement Property and any property of Grantor adjacent thereto, provided,
¢owever, that any such modification, reconfiguration, alteration or relocation shall not unnecessarily
~mpede the drainage of the Oregon/Hughy Stormwater or otherwise unnecessarily interfere with
Grantee's use of the Easement Property. Also, the Grantor shall pay the full cost of the
reconfiguration, including any costs for modification required off-site. In furtherance of the
foregoing, Grantor has the right, without thejoinder of Grantee, to execute and cause to be recorded
in the Public Records of Seminole County any modification to this Indenture necessary to accurately
reflect the configuration and description of the Easement Property to be encumbered by this
Indenture consistent with the foregoing provisions of this Paragraph. Notwithstanding anything in
the foregoing to the contrary, Grantor, its successors and assigns, agree not to build, construct or
create, or permit others to build, construct or create within the Easement Property any building or
other structures that may interfere with the location, excavation, operation or maintenance of the
Easement Property or the Stormwater Facilities or the drainage of the Oregon/Hughy Stormwater.
2. Maintenance. Notwithstanding anything in the foregoing provisions of this Indenture
to the contrary, Grantor hereby acknowledges and agrees that it shall have the primary right and
responsibility to maintain the Easement Property and the Stormwater Facilities located therein;
provided, however, that in the event that Grantor fails to so maintain the Easement Property and
Storn)water Facilities in accordance with the requirements of any applicable stormwater management
permits and approvals or rules and regulations of any governmental entity with jurisdiction there
over, Grantee shall be permitted to enter the Easement Property pursuant to this Indenture to perform
OR353658;1 2
such required maintenance and Grantor shall promptly reimburse Grantee for all costs incurred, plus
an administrative fee.
3. Utilization of Easement Rights. Grantee shall utilize the easement rights granted
herein in accordance with the roles and regulations of, and pursuant to any and all permits issued by,
any applicable governmental agencies. No reasonable exercise of any rights granted hereunder shall
be deemed an overburdening of the Easement Property. Notwithstanding anything to the contrary
contained in this Indenture, in no event shall Grantee be entitled to cause, permit or allow any
"Hazardous Substances" to be discharged on, over or into the Easement Property in violation of any
applicable law, rule or regulation. For purposes of this Indenture, Hazardous Substances shall mean
any substance or material defined or designated as a hazardous or toxic waste, material or substance
by any federal, state or local statute or law.
4. Binding Effect. This Indenture, and the rights and interests created herein, runs with
the land and shall be binding upon and inuring to the benefit of the parties hereto and their respective
successors and assigns. Notwithstanding anything in the foregoing provisions of this Indenture to
the contrary, Grantor shall have no duties, responsibilities or liabilities hereunder after Grantor has
conveyed title to the Easement Property to a third party, except for any duties, responsibilities or
liabilities that may have arisen prior to such conveyance.
5. No Construction Liens. Grantee shall not suffer or permit any construction lien to
be filed against any of the Easement Property or other property of Grantor as a result of the actions
of Grantee or its employees, agents or representatives and, in the event of any such construction lien
attaching, Grantee shall have same removed. If Grantee causes or allows any construction liens to
be filed against any portion of the Easement Property or other property of Grantor, and, thereafter,
fails to remove same within thirty (30) days of Grantee's actual notice that said lien has been filed,
then Grantor, at its election, may pay and satisfy the same, or transfer same to other security, and in
such event Grantee shall reimburse to Grantor any and all sums so paid, including interest at the
highest rate allowed by Florida law accruing from the date of payment by the Grantor of the lien
amount and including all reasonable costs and expenses incurred by the Grantor in connection
therewith, including attorneys', paralegal's and other professional's fees.
6. Captions and Applicable Law. The paragraph and subparagraph captions included
herein are for reference only and shall not amend, modify or be used to interpret or construe the
meaning or intent of the parties as to any of the terms and provisions hereof. This Indenture shall
be governed, enforced and construed in accordance with the laws of the State of Florida. If any
provisions of this Indenture or the application thereof shall be held to be invalid or unenforceable
in a court of law, the remainder of this Indenture shall not be affected thereby and each provision of
this Indenture shall otherwise remain valid and enforceable to the fullest extent permitted by law.
7. Legal Proceedings. In the event that either Grantor or Grantee hires an attoruev to
enforce any term of this Indenture, the party prevailing in said dispute, enforcement action or l~gal
proceeding shall be entitled to recover reasonable attorneys', paralegals' and other professionals' fees
(including those incurred before or at trial or on any re-hearing or appeal) and costs incurred
incidental thereto from the party not prevailing in said legal proceedings.
OR383658;1 3
8. Enforcement and Remedies. If either party hereto fails to perform or breaches any
obligation, requirement, duty or covenant contained herein, the other non-defaulting party shall have
the right, at its option, in addition to any of its other rights, privileges or remedies otherwise stated
elsewhere herein to (i) bring an action for the recovery of actual damages (not including punitive,
consequential or incidental loss or damage) in a court of competent jurisdiction, and/or (ii) bring an
action for specific performance in a court of competent jurisdiction. The failure to enforce any of
the terms or provisions of this Indenture, however long continued, shall in no event be deemed a
waiver of the right to enforce the same thereafter as to the same breach or violation, or as to any
other breach or violation occurring prior to or subsequent thereto.
IN WITNESS WHEREOF, Grantor has executed and delivered this Indenture as of the day
and year written above.
Signed, sealed and delivered in the presence
of:
P~tntName: Jane R. Newlon
"GRANTOR"
Name: Thomas Ratliff, Jr.
2437 Myrtle Avenue South
Sanford, FL 32771
STATE OF FLORIDA
COUNTY OF SEMINOLE
JAMES H NEWLON -*
My Cc, mm E×p 5/20,'~O02
No CC 739959
The foregoing.instrument xvas acknowled, ged befioe~3tr-e me this 13th day of Aoril
2001, by Thomas Rathff, Jr. Said person (check one) [i~s personally known to me or [] produced
as identification.
pr/g~s H.~N~wlon
Not~ryPu~ic, State of Florida
Commission No.:
My Commission Expires:
OR383658; 1 4
parcel 105B
EXHIBIT "A'
AIL 'i'HAT TRACT OR PARCI~ OF' LAND L'flNG IN A PORTION OF' SECTION 3.3, TOI/~N~"'IIP 19 SOU'IH, RANGE
~30 EAST, SEMINOLE: COUNTY, FLORIDA, BEING A PORTION OF THAT PARCEL DE:SCRIBED IN OFFICIAL
RECORDS BOOK 1272, PAGE 277, OF THE PUBLIC RECORDS OF SEMINOLE COUNTY, FLORIDA HEREIN AFTER
REFERRED TO AS THE PARENT TRACT, ANO BEING MORE PARTICULARLY OESCRIBED AS FOLLOWS:
COMMENCING AT THE ~ QUARTER coRNER OF SECTION 33, TOWNSHIP 19 SOUTH, RANGE .30 EAST;
THENCE S89'56'29'E ALONG THE NORTH UNE OF THE SOUTHI~ 1/4 OF SAID SECTION .35, A DISTANCE
OF 120.29 FEET TO A POINT; THENCE SO0'O0'O0'W A DISTANCE OF 30.00 ~u=~ TO A POINT ON THE
PROPOSED SOU]HERLY RIGHT-OF-WAY UNE OF HUGHY STREET, AND ]HE POINT OF BECINNING; THENCE
S89'56'29'E ALONG SAID PROPOSED RIGHT-OF-WAY MNE A DISTANCE OF 258.79 ~.~l; THENCE S88'
03'25'~ ALONG SAID PROPOSED RIGHT-OF-WAY MNE, A DISTANCE OF 90.55 F~ I' TO A POINT; THENCE
S00'15°34'W A DISTANCE OF 38.16 P~J=l TO A POINT; ]HENCE N89'52'll'W A DISTANCE OF 116.17 FEET
TO A POINT; THENCE N56NB'47'W A DISTANCE OF 17-27 FEET TO A POINT; THENCE N88N6°5.3'W A
DISTANCE 98~4,3 FEET TO A POINT; THENCE S.32'24'39'W A DISTANCE OF 16.29 FEET TO A POINT;
THENCE N90~O'OO'W A DISTANCE OF 21.76 ~-i TO A POINT; THENCE N58'42'14'W A DISTANCE OF ~
41.66 FEET TO A POINT; THENCE S68'~9'40'W A DISTANCE OF 41.25 FEET TO A POINT; THENCE NBO'
O0'O0'W A DISTANCE OF 19.91 ~.~ TO A POINT; THENCE NO0'O0'O0'~' A DISTANCE OF 38.82 FEET TOw
POINT ON THE SAID' PROPOSED RIGHT-OF-WAY MNE, AND THE POINT OF BEGINNING.m
Parcel 105C
ALL ~I~AT TRACT OR PARCEL OF LAND LYING IN A PORTION OF SECTIONS ,32 & 33, TOWNSHIP 19 SOU'/H,
RANGE 30 EAST, SEMINOLE COUNTY, FLORIDA, BEING A PORTION OF THAT PARCEL DESCRIBED IN OFFICIAL
RECORDS BOOK 1272, PAGE 277, OF THE PUBMC RECORDS OF SEMINOLE COUNTY, FLORIDA HEREIN AFTER
REFT~RED TO AS THE PARENT TRACT, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE WEST QUARTER CORNER OF SECTION 3,3, TOWNSHIP 19 SOUTH, RANGE 30 EAST;
THENCE S89'56'29'E ALONG 1]dE NORTH UNE OF THE SOUTHWEST 1/4 OF SAID SECTION 3`3, A DISTANCE
OF 52.82 FEET TO A POINT; THENCE S00'0`3'`31"W A DISTANCE OF 30.00 FLLI' TO A POINT ON THE
SOUTHERLY PROPOSED RIGHT-OF'-WAY LINE OF HUGHY STREET AND THE POINT OF BEGINNING; THENCE
S50'30'18'E A DISTANCE OF 21.`3,3 FEET TO A POINT; THENCE SO0'O0'O0'E A DISTANCE OF 44.60 FEET
TO A POINT; THENCE S90~)O'OO'W A DISTANCE OF .36.91 FEET TO A POINT; THENCE N63'58'57'W A
DISTANCE OF 51.81 FEET TO A POINT; THENCE S85'57°54'W A DISTANCE OF 58.4,3 FEET TO A POINT;
THENCE N85'O8'o6'w A DISTANCE OF 2,32.57 FEET TO A POINT; THENCE NOO~)O'OO"E A DISTANCE OF
19.9,3 FEET TO A POINT ON SAID PROPOSED SOUTHERLY RIGHT-OF-WAY LINE; THENCE S89'59'22'E
ALONG SAID PROPOSED RIGHT-OF-WAY UNE A DISTANCE OF ,304.22 FEET TO A POINT; THENCE S89'
56'29"E, ALONG SAID RIGHT-OF-WAY UNE, A DISTANCE OF 52.81 FEET TO THE POINT OF BEGINNING.
Geodata Consultants, Inc. Surveying & Mapping
Project No. S05-01
dated February 28, 2001
PARCEl: No.: 105C $CRi~D[/-r_.~ "A-
PURPOSE: DRAINAGE EASEMENT r. RGX[, ~DE$CRZP2'ZON
A~ ~AT ~ACT OR PARCEL ~ ~ND L~NG IN A POR~ON OF SEC~ONS 32 ~ 33, TO~IP 19 SOU~,
RANGE 30 EAST, S~INO~ C~N~, ~IDA, BEING A POR~ OF ~AT PARCEL DESCRIBED IN O~ClAL
REC~DS BOOK 1272, PA~ 277, ~ ~E PUBUC RECORDS OF ~MINO~ COUNt, ~IDA H~EIN
R~RRED TO AS ~E PARENT ~ACT, AND BEING MORE P~CU~LY DES~IBED AS FO~O~:
COMMEN~NG AT ~E ~ST QUAR~R CORNER OF SEC~ 33, TO.SHIP 19 S~, RANGE 30 EAST;
~EN~ S89~6'29"E ALONG ~E NOR~ UNE OF ~E S~ST 1/4 ~ SAID ~C~ 35, A DISTANCE
OF 52.82 ~ET TO A POINT; ~ENCE S00~3'31"W A DISTANCE OF ~.00 ~ET TO A P~NT ON
SOU~ERLY PROPOSED RIGHT-~-WAY ENE OF HUGHY S~EET AND ~E POINT OF BE~NNING; ~CE
S50'30'18"E A DISTANCE OF 21.33 ~ET TO A POINT; ~ENCE SO0~O'~'E A DISTANCE OF ~.60 ~ET
TO A POINT; ~ENCE SgO~O'O0'W A DISTAN~ OF 36.91 ~ET TO A POINT; ~ENCE N63~8'57'W A
DISTAN~ OF 51.81 ~ET TO A P~NT; ~ENCE S85~7'54'W A DISTANCE ~ 58.~ ~ET TO A POINT;
~CE N85~8'O6'W A DISTANCE OF 232.57 ~ET TO A POINT; ~ENCE NOO~O'OO"E
19.93 ~ET TO A POINT ON SAID PR~O~D SOU~ERLY RIGHT-OF-WAY UN~ ~ENC~
ALONG SAID PROPOSED RIGHT-OF-WAY ENE A DISTAN~ OF 304.22 ~ TO A P~N~
56'29'E, ALONG SAID RIGHT-OF-WAY UNE, A DIST~CE OF 52.81 ~ TO
CONTNNING 13,305 SQU~E ~ET MORE ~ ~SS.
/
~N~AL NO~S:
1. ~E ~ ~ ~IS ~E~ IS m D~NEA~ ~E ~S~IP~ A~A~ H~Em. ~IS D~S NOT ~EE~T A ~NO~Y ~.
2. ~E ~R~Y~ HAS NOT ~S~AC~ ~E ~S ~0~ H~E~ F~ ~ ~D ~ ~T-~-WAY
5, ~IS ~ MAY HA~ B~ R~ ~ ~ BY R~R~C~. ~lS UUST eE ~a~ ~ ~TNNING ~ DATA.
~.1: R~ ~NG DIREC~ m~ NW m ~ ~11-m PA~ 1 ~ 2
F~ Semln~e County Public SchWa
Date: Feb~arv 28. 2~1 ~G~ DE~ON
Pro.ct No.: S0~01 O~GO~ ~
Drop: C~ Chkd.: HPY ~G~-O~-F~Y P~[ ~05C ~: ~ ~-~ ~ ~-~
SFn~TCH OF DESCRIPTION
~ I PL NOT A BOUNDARY SURVEY
I
SCALE: 1" ,~ 60' ~ ~ M I~ OREGON AVENUE
""_ z~ c~ PARCEL No.: 105C
PURPOSE: DRAINAGE EASEMENT
~ io ~"~
z I1' PROPOSED R/W UNE
~ o ' Il LINE TABLE
~ ~ ~ ~ ~ L1 ~.~ ~l"W
S~IN~ ~N~
z J
~ · TO~IP 19 S~. R~ ~ ~ST
f_ __ ,. ,o_ ,, ,, , _,. _ __
T -/ I P.O.B. P~NT ~ BEGINNING
m R~ RIGHT-OF-WAY
z
P 0 B ~ I~ S.F, S~E ~1
T~ P~CEL 20 ·
O~ER:& MARY~ASRA~RA~ I ~ ~ PG PAGE
~B 1272.
PANEL I~A
F~ Semln~e ~unty Public
Dote: Feb~ory 28~ 2~1
Drown: C~ Chkd.:~
LINE TABLE
UNE LENG'I~I BEARING
L1 .,~.00 S00'0,~,,31 'w
L2 21.35 S50~0'18"£
L3 44,60 SO0'O0'O0"E
L4 3~.g,
~ 51.m N~'5~
L7 19.~j