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443-logan heights, ~ T~is Inatrument Was Prepared*By: ~atricia K. Green, Esq. 14 [4 I 5 5 [4 Steams Weaver Miller Weissler Alhadeff & Sitterson, P.A. 150 West Flagler St., Suite 2200 Miami, Florida 33130 Record and Return To: Patricia K. Green, Esq. Mini, Florida 33 130 ISS5 cr~ S `~ Ai'i 19: ~- '3 GRANT OF EASEMENT AND RIGHT OF USE AGREEMENT (Construction Easemere) This Grant of Easement and Right of Use Agreement (the "Agreement") is made and entered r- into as or the ~ff_'~ay ofAk ,~ r,, 1999, by and between HUNTINGTON PROPERTIES AND INVESTMENTS, INCORPgI~TED, a and OSCEOLA INVESTMENT Florida corporation COMPANY, INC., a Florida corporation, IN ITS CORPORATE CAPACITY AND AS TRUSTEE (individually, each a "Grantor" and collectively, the "Grantors"), having an address at 1011 North Main Street, Suite 6, Kissimmee, FL 34744 in favor of VESTCOR FUND XI, LTD., a Florida limited partnership CVestcor"), having an address at 3020 HartIcy Road, Suite 300, Jacksonville, FL 32257 RECITALS A. Vestcor is the owner of the property legally described on Exhibit "A" attached hereto and made a part hereof (the "Vesteor Property"). B. Either one or both of the Grantors is the owner of the property legally described on Exhibit "B" attached hereto and made a part hereof (the "Easement Area"). C. For good and valuable consideration, Grantors have agreed to grant to Vestcor as an appurtenance to the Vestcot Property, an easement for construction, installation, repair and maintenance of water and sewer lines over, across and through the Easement Area. AGREEMENT NOW, THEREFORE, in consideration of the sum of Ten Dollars ($10.00) and other good and valuable consideration, the. receipt and sufficiency of which are hereby acknowledged, the parties hereto agree as follows: 1. Recitals. The above recitals are tree and correct and by this reference are incorporated as if fully set forth herein. 2. Vestcor Easemere. Grantors hereby grant to Vestcor, for the use and benefit of VestcoL its successors and assigns who acquire an interest in the Vestcor Property, and its agents and employees, a easement for the construction, installation, repair and maintenance of water and sewer lines over, across and through the Easement Area. Nothing herein shall prohibit access to Grantors to go upon the Easement Area for purposes consistent with their respective interests in same, without in any manner interfering with the use of the Easement Area by Vestcor. 3. Appurtenant Easement. Vestcor Property. 4. Successors and Assigns. The easement herein granted shall be appurtenant to the c~ This Agreement shall bind, and the benefit thereof shall" inure to, the respective successors and assigns of the parties hereto. 5. Te/mination. This Agreement shall terminate upon the completion of the conslxuction of the water and sewer lines to be constructed in the Easement Area and the conveyance of all such water and sewer lines to, and acceptance of same by, the City of Sanford. The parties hereto shall execute a termination of this Agreement, in recordable form, upon the delivery of a Bill of Sale for said water and sewer lines to the City of Sanford and the acceptance of such Bill of Sale by the City of Sanford. 6. No Public Dedication. Nothing contained in this Agreement shall, in' any way, be deemed or constituted a gift of or dedication of any portion of the Easement Area to the general public or for the benefit of the general public whatsoever, it being the intention of the parties hereto that this Agreement shall be limited to and utilized for the purposes expressed herein and only for the benefit of the persons herein named. 7. Enforcement. In the event it becomes necessary for any party to defend or institute legal proceedings as a result of the failure of either party to comply with the terms, covenants and conditions of this Agreement, the prevailing party in such litigation shall recover from the other party all ccists and expenses incurred or expended in connection therewith, including, without limitation, reasonable attomeys' fees and costs, at all levels. 8. Venue; Jurisdiction. This Agreement shall be govemed and construed in all respects in accordance with the laws of the State of Florida, without regard to its conflicts of laws provisions. Further, all parties hereto agree to avail themselves of and submit to the personal jurisdiction of the Courts of the State of Florida. 9. Interpretation. No provision of this Agreement will be interpreted in favor of, or against, any of the parties hereto by reason of the extent to which any such party or its counsel participated in the drafting thereof or by reason of the extent to which any such provision is inconsistent with any prior draft hereof or thereof. -2- 10. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be deemed an original and all of which, taken together, shall constitute a single document. 11. Notices. All notices, demands, requests or other communications required or permitted to be given hereunder shall be deemed delivered and received upon actual receipt or refusal to receive same, and shall be made by United States certified or registered mail, return receipt --r _.. requested or by hand delivery, and shall be addressed to the respective parties at the addresses set forth in the preamble to this Agreement. 12. Entire Agreement. This Agreement constitutes the entire agreement between the r- -_ parties hereto relating in any manner to the subject matter of this Agreement. No prior agreement or understanding pertaining to same shall be valid or of any force or effect, and the covenants and agreements herein contained cannot be altered, changed or supplemented except in writing and signed by the parties hereto. 13. Severability. If any clause or provision of this Agreement is deemed illegal, invalid or unenforceable under present or future laws effective during the term hereof, then the validity of the remainder of this Agreement shall not be affected thereby and shall be legal, valid and enforceable. 14. Grantors. The use of the term "Grantors" herein shall refer to each Grantor only to the extent it has an interest in the Easement Area. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK -3- IN WITNESS WHEREOF, the parties hereto have duly executed this Agreemere as of the date and year first set forth above. GRANTORS: Witnesses: Print Name: .- HUNTINGTON INVESTMENTS, corporation PROPERTIES AND INCORPORATED, a Florida By: President OSCEOLA INVESTMENT COMPANY, INC., a Florida corporation President OSCEOLA INVESTMENT COMPANY, INC., a Florida corporation, as Trustee Presidem -4- VESTCOR: VESTCOR FUND XI, LTD., A FLORIDA LIMITED PARTNERSHIP Print Name: 3'e,5,SiCCL By: Vestcor Parmers XI, Inc., a Florida corporation, as sole general partner By: Vice President STATE OF FLORIDA ) )SS: COUNTY OF (,,,~.q-Cl.~ ) Type of Identification Produced Print or Stamp Notary Public, Commission No.: , BRIAN CAkE ~ Notary PuBlic 9ate of Florida My Commission Expires: , My Commission ixDires jui 27, 2001 Commission ~: CC666655 -5- STATE OF FLORIDA ) COUNTY OF 0''~tr(//' ) SS: ) The foregoing instrument was acknowledged before me this day of' ,1999, by Barney Veal, as President of OSCEOLA spe~rsonal[EN'l,~'~'ANY, Florida corporation, on behalf of the corporation. He i ly Kno OR Produced Identification Type of Identification Produced Print or Stamp Nam · Notary Public, State a Commission No.: My Commission Expires: BR!AN CALE Notary PuDiic ?ate of Floriclcl My Commission i,~Dires Jul 27, 2001 Commissicr' -7 CC6666~ STATE OF FLORIDA ) ) SS: COUNTY OF C,D~ ) The foregoing instrument was acknowledged before me this ,~~y o F, 1999, b Barney Veal, as President of OSCEOLA INVESTMENT COMPAN~(-~., a '1o' OR Produced Identification Type of Identification Produced Print or Stamp SN~tee~ '~da Notary Public, f Commission No.: My Commission Expires: BR',AN CALE Noton/PuBlic - State of Ftoriaa My Commission Expires Jul 27, 2001 Commission ~: CC666655 STATE OF FLORIDA ) ) SS: COUNTY OF L~ ) The foregoing instrument was acknowledged before me this I day of limited partnership, on behalf of the corporation and as an act of the partnership. Personally Known t/OR Produced Identification Type of Identification Produced G:\W-PKGx35247~0 lO~onstmc.~as. 1 Print or Stamp Name: Notary Public, State of Florida at Large Commission No.: My Commission Expires: Ol.t. tCLt~ NUtAI~Y $Fr. AL ' MY COMMItION EX · '~ieg~bi!it~Y tjnsatis'~ac~°d ;Eor Microfi~rnin?: A portion of the SANFORD GRANT AND PORTIONS OF GOVERNMENT LOTS 1, 2 AND 3, all in Seccio~ 12, Township 20 South, Range 30 East, Seminole County, Florida, being more particularly described as follows: s Commencing at the Northwest corner of the Southwest 1/4 of said Section 12, proceed 01o36'04'' West, along the westerly line of said Section 12, a distance of 801.57 feetr~%o the Point of Beginning of subject parcel; thence continuing along the said Westerly of Section 12 South 01°36'04" West, a distance of 18.90 feet; thence South 36°17'52'' departing said westerly line of Section 12, a distance of 201.25 feet; thence North 47o54'35" East, a distance of 57.62 feet; thence North 64°48'38'' East, a distance of 110.90 feet; thence North 64040'54" East, a distance of 75.11 feet; thence North 74000'54" East, a distance of 114.94 feet; thence North 63031'27TM East, a distance of 59.74 feet; thence South 75052'49" East, a distance of 59.74 feet; thence North 74~25'20'' East, a distance of 55.31 feet;'thence South 68°16'58'' EasE, a distance of 64.44 feet; thence South 79~51'53'' East, a distance of 87.51 feet; thence South 62~49'51'' East, a distance 0f 76.65 feet; thence South 61~06'38'' East, a distance of 72.46 feet; thence South 72055'07" East, a distance of 49.11 feet; thence South 59°20'31" East, a distance of 4.9.20 feet; thence North 86°35'40"East, a distance of 65.20 feet; thence South 35e14'43'' East, a distance of 93.83 feet; thence South 16~39'22'' East, a distance of 59.89 feet; thence South13°58'll" East, a distance of 73.56 feet; thence South 13o53'26'' East, a distance of 99.17 feet; thence. South 19°30'24'' East, a distance of 107.15 feet; thence South 03~29'49'' West, a distance of 6.42 feet; thence North 57°42'15'' East, a distance of 287.87 feet; thence North 32~17'45'' West, a distance of 160.00 feet to a poinT of curvature of a curve concave Northeasterly and having a radius of 945.54 feet; thence along the arc of said curve an arc length of 693.98 feet, said arc being subtended by a chord bearing and distance of North.llol6'll'' West, 678.51 feet; thence North 09~45'23'' East, a distance of 487.52 feet to a point of curvature of a curve concave southwesterly and having a radius of 60.00 feet; thence along the arc of said curve an arc length of 98.13 feet; said curve being subtended by a chord bearing and distance of North 37~05'58'' West, 87.56 feet; thence North 83°57'18" West, a distance of 137.57 feet, to a point of curvature of curve concave southeasterly and having aradius of 245.02 feet; thence along the arc of said curve and arc length of 253.22 feet; said arc being subtended by a chord bearing and distance of South 66e26'18" West 242.10 feet to a point of reverse curvature of a curve, concave Northwesterly and having a radius of'368.87 feet; thence along the arc of said curve an arc length of 283.48 feet; said arc, being subtended by a chord bearing and distance of South 58~50'51'' west 276.55 feet, to a point of reverse curvature of a curve being concave Southeasterly and having a radius of 430.78 feet; thence along the arc of said curve an arc length of 448.52 feet, said arc being subtended by a chord bearing and distance of South 51°02'06'' West 428.54 feet; thence South 21~12'25'' West, a distance of 353.56 feet to a point of curvature of a curve concave northwesterly and having a radius of 190.91 feet; thence along the arc of said curve and arc length of 234'.60 feet, said arc being subtended by a chord bearing and distance of South 56~27'02. west, 220.34 feet, to the Point of Beginning of said Parcel. ,Leg:bility Unsatisfactory For Microfilming ~ co ~ ~.- 50 FOot Utility Easement ~ _.. ; A portion of the Sanford Grant and a portion of Government Lot 3, in Section 12, Townships. ~ 20 South, Range 30 East, Seminole County, Florida, being .more particularly described as(~ follows: Commencing at the Northwest corner of the Southwest 1/4 of said Section 12, proceed South '01'36'04" West, along the Westerly line of said Section 12, a distance of 801.57 feet to 'the Point of Beginning of subject Easement; thence continuing along the said Westerly line of Section 12, South 01'36"04" West, a distance of 43.32 feet; thence South 36'!7'52" East, departing said Westerly line of Section 12, a distance of 133.7i feet; thence South 44'54'16" West, a distance!of 62.87 feet; thence South 16'17'41" West a distance of 76.51 feet; thence South 03'31'18" East, a distance of 92.87 feet; thence South 31'23'28" East, a distance of 70.86 feet; thence South 43'24'13" East, a distance of 82.97 feet; thence South 26*40'54" East, a distance of 67.57 feet; thence South 03'41'30" East, a distance of 61.77 feet; thence South 02*26'02" East, a distance of 117.56 feet; thence South 00~06'33'' west, a distance of 86.34 feet; thence South 23*20'32" West, a distance of 45.22 feet; thence South 46*53'22" East, a distance of 77.57 feet; thence South 32*46'52" East, a distance of 37.53 feet; thence South 04'33'31" East, a distance of 221.75 feet to the Northerly right of way line of Lake Mary Boulevard (a ~40 foot right of way as now exists), thence North 85*26'29" East, along said Northerly right of way line, a distance of 50.00 feet; thence North 04'33'31" West, departing said right of way line, a distance of 234.32 feet; thence North 32*46'52" West, a distance of 56.29 feet; thence North 46*53'22" West, a distance of 48.59 feet; thence North 23e20'32" East, a distance of 20.34 feet; thence North 00*06'33" East a distance of 97.73 feet; thence North 02*26'02" west, a distance of 119.22 feet; thence North 03'41'30" West, a distance of 72.49 feet; thence North 26*40'54" West, a distance of 85.09 feet; thence North 43'24'13" West, a distance of 85.05 fee~; thence North 31'23'28" West, a distance of 53.19 feet; thence North 03'31'18" West, a distance of 71.73 feet; thence North 16'~7'4~" East, a distance of 55.03 feet; thence North 44'54'16" East, a distance of 57.56 feet; thence North 47e54'35'' East, a distance of 15.08feet; thence North 36'17'52" West, a distance of 170.16 feet; thence North 0~36'04'' East, a distance of 35.34 feet, to a point on a curve, concave Northerly and having a radius. of ~90.9~ feet; thence along the arc of said curve, in a Westerly direction, 30.12 feet, said arc being subtended by a chord bearing and distance of South 87'10'27" West, 30.09 feet, to the Point of Beginning. JOINDER BY MORTGAGEE The undersigned holder of that certain Mortgage and Security Agreement from OSCEOLA INVESTMENT COMPANY, INC., a Florida corporation, as Trustee recorded in Official Records Book 3521, Page 834, of the Public Records of Seminole County, Florida (the "Mortgage')covering all or a portion of the property described in the foregoing Easement (the "Easement"), does hereby consent to the terms of the Easement and acknowledges that the Mortgage is subordinate and inferioan to the Easement and shall be binding upon the undersigned and its successors in title. IN WITNESS WHEREOF, these presents have'been executed this $ l day of August 1999. Witnesses: Print Name: Print Name: SALA, INC., a Florida corporation / Ti~e: ]f.rf ,+ STATE OF FLORIDA ) ss:' COUNTY OF' 05 ~ ~--.. ~ ) I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State and County aforesaid to take acknowledgments, personally appeared [-/oo t,/~l,~t .i~r', ', as P~P-tt O/k~' of SALA, INC. He is personally known to me or has produced a driver's license as identification and did not take an oath. day of WITNESS my hand and official seal in the County and State last aforesaid this t.. ,1999. Print or Stamp Name: Notary Public, State of Flori~ Commission No.: My Commission Expires: G:\W-PKGB5247X010\joinder-sala JO1NDF, R BY MORTGAGEE The undersigned holder of that certain Mortgage and'Security Agreement from OSCEOLA INVESTMENT COMPANY, INC., a Florida corporation, as Trustee recorded in Official Records Book 3521, Page 838, of the Public Records of Seminole County, Florida (the "Mortgage')covering all or a portion of the property described in the foregoing Easement (the "Easement"), does hereby consent to the terms of the Easement and acknowledges that the Mortgage is subordinate and inferior to the Easement and shall be binding upon the undersigned and its successors in title. IN WITNESS WHEREOF, these presems have been executed this ~,day of August 1999. Witnesses: · 'nC:n: N STATE OF FLORIDA ) ) ssi COUNTY OF/ff, J'<~--~t,/r ) I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State and County aforesaid to take acknowledgments, personally appeared FRANK M. TOWNSEND, AS TRUSTEE. He is personally known to me or has produced a driver's license as identification and did not take an oath. day of WITNESS my hand and official seal in the County and S~ aforesaid this Print or Stamp Name: ~, i -,- : ~ Notary Public State of Florida at ' e icT~ ~ ,~: ~ Co ssion ;o' O:\W-PKOX35247X010\joind~r-twn