444-logan heightsJames H. McNeil, Jr., Esq.
Holland & Knight, LLP
200 S. Orange Avenue
Suite 2600
Orlando, FL 32801
~L:LERlf OF CIRCUIT COtlf~'l
2866i
99 AUG 31 PH I: I 0
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................................................................... {SPACE ABOVE FOR RECORDING PURPOSES] ..........................................................................
GRANT OF EXCLUSIVE CITY SERVICES EASEMENT
THIS GRANT OF EXCLUSIVE CITY SERVICES EASEMENT ("Easement"), is given by
HUNTINGTON PROPERTIES AND INVESTMENTS, INC., a Florida corporation, and
OSCEOLA INVESTMENT COMPANY, INC., a Florida corporation, as Trustee, whose address is
1011 N. Main Street, Suite 6, Kissimmee, Florida 34744 ("Grantor") in favor of CITY OF
SANFORD, FLORIDA, a municipal corporation ("Grantee), whose address is 300 N. Park Avenue,
Sanford, Florida 32771, as of this ~ day of August, 1999.
WITNESSETH, that Grantor, for and in consideration of the sum of Ten and No/100 Dollars
($10.00) and other valuable consideration paid by Grantee, receipt whereof is hereby acknowledged,
grants and conveys to Grantee, its successors, assigns, licenses, an exclusive perpetual easement, as
described and illustrated below, which is to be under, upon, and across the property situated in or
near the City of Sanford, Seminole County, Florida, more particularly described in Exhibit "A"
attached hereto (the "Easement Area").
This Easement shall be for city services, including but not limited to, city owned utfiities,
hereafter on said property, such easement to include the right of free ingress and egress over and
across said property for the purposes of constructing, installing, and maintaining said facilities.
This Easement shah not be construed as a grant of right of way or dedication to the public
and shall be limited to the purposes set forth herein. Grantor reserves the right to use the area
subject to the easement granted hereby, including without limitation for parking areas, driveways,
and landscaping, which are not inconsistent with the use of the Easement by the Grantee for the
purposes granted hereby.
Provided, however, that the Grantor shall not have the right to grant utility easements to
other parties without the prior written consent of the Grantee, which said consent shall not be
unreasonably withheld. If the Grantee disturbs any landscaping or improvements within the
Easement Area, the Grantee shall restore such landscaping or improvements.
IN WITNESS WHEREOF, the Grantor hereunto sets its hands and seals on the day and
year first above written.
Signed, sealed and delivered
in the presence of:
HUNTINGTON PROPERTIES AND
STATE OF FLORIDA
COUNTY OF SEMINOLE
The fore oing 'nstrument was ack ledged efo e this ? %ay of August, 1999 by
identification.
{NOTARY SEAL}
~ z 50
Print Name:
L_~
aeo la
",% James H McNeil Jr
-'}"'k My Commission C0665750
';' Expires July 22, 2001
OSCEOLA INVESTMENT COMPANY,
INC., a Florida corporation
STATE OF FLORIDA
COUNTY OF SEMINOLE
The foregoing instrument was ackno edged before me this e J'9~day of August, 1999 by
{It -x ~9 , as ~.~.ljj' of OSCEOLA INVESTMENT
CO~INC., a Florida corp ation, as Trustee, on behalf of said corp. oration, who { } is
personally known to me or { ~as produced Fl~q~._ ~~ ~A~ . as
identffication.
ORL1 #488027 vl
July 22, 2001
JOINDER BY MORTGAGEE
The undersigned holder of that certain Mortgage and Security Agreement fi'om HUNTINGTO N
PROPERTIES AND INVESTMENTS, INC., a Florida corporation, and/or 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")covermg all o~a
portion of the property described in the foregoing Easement (the "Easement"), does hereby consenttt~
the terms of the Easement and acknowledges that the Mortgage is subordinate and inferior to t~
Easement and shall be binding upon the undersigned and its successors in title. CD
IN WITNESS WHEREOF; these presents have been executed this I / . day of August, 19~
Print Name:
STATE OF FLORIDA }
}SS:
COUNTY OF ~&~j~o[~ }
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.
{NOTARY SEAL} Print or Stamp Name:'
Notary Public, State of Florida at Large
Commission No.:
My Commission Expires:
%,.
-4-
JOINDER BY MORTGAGEE
The undersigned holder of that certain Mortgage and Security Agreement from HUNTINGTO N
PROPERTIES AND INVESTMENTS, INC., a Florida corporation, and/or 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 inferior to the
Easement and shall be binding upon the undersigned and its successors in title.
IN WITNESS WHEREOF, these presents have been executed this ~ "aay of August, 199~9y
Witnesses:
SALA, INC., a Florida corporation
By: '~~,~ ~
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STATE OF FLORIDA }
L/~~ }SS:
COUNTY OF ) }
I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State and
County aforesaid to take acknowledgments, personally appeared ~a ~ ' as
~(e,~L~t' of SALA, Inc. He is personally known to me or has driver's license
as identification and did not take an oath.
WITN SS my hand and official seat in the County and State last aforesaid this ~,~day of
G, 1999.
{NOTARY SEAL}
t or S~m~
bile, State of Florida at Large
Commission No.:
My Commission Expires:
James H McNeil Jr
;My Commission CC665750
Expires July 22, 2001
-5-
JOINDER BY MORTGAGEE
The undersigned holder of that certain Mortgage and Security Agreement from HUNTINGTO N
PROPERTIES AND INVESTMENTS, INC., a Florida corporation, and/or OSCEOLA
INVESTMENT COMPANY, INC., a Florida corporation, as Trustee recorded in Official Records Book
3606, Page 1678, 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 c.~
the terms of the Easement and acknowledges that the Mortgage is subordinate and inferior to ~h:e ~d
Easement and shah be binding upon the undersigned and its successors in title. fT~ __
IN WITNESS WHEREOF, these presents have been executed this ~ 'day of August, 1~9. Cfi
Witnesses:
Pr~i~Name: ~g~C'Jfl ~--. e~~
SALA, INC., a Florida corporation
By' ~ ~C~,/~~
STATE OF FLC~RIDA }
}ss:
COUNTY OF ~~dl_/ }
I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State and
County aforesaid to take acknowledgments, personally appeared ~-<~/~}', as
V)fc<~;Ct)~ of SALA, Inc. He is personally known to me or has produced a driver's hcense
as identification and did not take an oath.
WITNESS my hand and official seal in the ' ' ~ ~
County a d State last aforestud this __ day of
~4f' , 1999. ~ ~
{NOTARY SEAL} amp
c, State of Florida at Large
Commission No.:
My Commission Expires:
r'r'ICf;
James H McNeil Jr
-6-
JOINDER BY MORTGAGEE
The undersigned holder of that certain Mortgage and Security Agreement from HUNTINGTO N
PROPERTIES AND INVESTMENTS, INC., a Florida corporation, and/or OSCEOLA
INVESTMENT COMPANY, INC., a Florida corporation, as Trustee recorded in Official Records Book
3585, Page 870, 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 theo~
Easement and shall be binding upon the undersigned and its successors in title.
~ of August, 1999.
IN WITNESS WHEREOF, these presents have been executed this ~ ay
Witnesses:
Print/N~f~e:'
PARADISE EIGHTY, INC., a Florida
corporation
Title: V1 ~f f~'~ sl ~
CD
STATE OF FLORIDA }
} SS:
COUNTY OF }
I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State and
of PA~DISE EIGHt, INC. He is personally known to me or has produced a
driver's ~cense as ident~mation and did not take an oath.
WITNESS my hand and official seal in the County and State last aforesaid t~s ? ~
~ ~'Z ~ , 1999. day of
t or ~~
{NOTARY SEAL~ ~~ub~c, State of Florida at Large
Commission No.:
My Commission Exp~es:
~7-
JOINDER BY MORTGAGEE
The undersigned homer of that certain Mortgage and Security Agreement from HUNTINGTO N
PROPERTIES AND INVESTMENTS, INC., a Florida corporation, and/or OSCEOLA
INVESTMENT COMPANY, INC., a Florida corporation, as Trustee recorded in Official Records Book
3585, Page 870, 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 shah be binding upon the undersigned and its successors in title. u~
IN WITNESS WHEREOF, these presents have been executed this ~'4 ~ay of August, 1999. ~
Witnesses:
STATE OF FLORIDA }
} ss:
COUNTY O~dt,~ ~ }
PARIS ENTERPRISES, INC., a Florida
y7rat'°n , ~.~
v, b
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r-
a driver's license as identification and did not take an oath.
1999.
{NOTARY SEAL}
P~ or Stamp~
~b~oS2ate of FlOrida at Large
My Commission Expires:
H:XReaI\TEM:P-EASE,sew
-8~
EXHII~IT "A"
A portion of the Sanford grant and government Lots 2 and 3, all in Section 12, Township 20 South,
Range 30 East, Seminole County, Florida, being more particularly described as follows:
Commencing at the Northwest corner of the Southwest ~ of said Section 12, proceed South 01°36'04''
West, along the westerly line of said Section 12, a distance of 1963.16 feet to the point of beginning of
the 15 foot utility easement; thence continuing along said westerly line of said Section 12, South
01°36'04" West, a distance of 15.09 feet to the Northerly right of way line of Lake Mary Boulevard (a
140 foot right of way as now exis.ts); thence north 85°26'29" East, along said Northerly right of way
line of Lake Mary Boulevard, a distance of 519.42 feet to the point of curvature of a curve concave
Northerly and having a radius of 1342.40 feet; thence along the arc of said curve and said Northerly
right of way line of Lake Mary Boulevard, an arc length of 668.79 feet, said arc being subtended by a
chord bearing and distance of North 71°08'54" East, 661.90 feet; thence continuing along said
Northerly right of way line of Lake Mary Boulevard, North 56°53'30" East, a distance o1~ 504.55 feet
to the point of curvature of a curve concave Northwesterly and having a radius of 40.00 feet; thence
departing said Northerly right of way line of Lake Mary Boulevard, along the arc of said curve an arc
length of 35.83 feet, said arc being subtended by a chord bearing and distance of North 31013'58"
East, 34.64 feet; thence South 56°53'30" West, a distance of 535.78 feet to the point of curvature of a
curve concave Northerly and having a radius of 1327.4 feet; thence along the arc of said curve an arc
length of 661.32 feet, said arc being subtended by a chord bearing and distance of South 71°08'54"
West, 654.50; thence South 85°26'29" West, a distance of 517.80 feet to the point of beginning of said
easement.
ORL1 #497217 vl