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449-Plantation LakesPrepared By and R6tum To: Richard B. MadFarland, P.A. Broad and Cassel MARYANNE F'IORSE CL. ERI( OF C! .::~c'?!.UT COURT 81263 SEMINOLE COUNTY, FL RECORDED & VER!FiED 2000 CITY OF SANFORD SANITARY FORCEMAIN EASEMENT AGREEMENT THIS SANITARY FORCEMAIN EASEMENT AGREEMENT, made this I.,~ day of piO~OvlJat~ , 1999, between Plantation Lakes, Ltd., a Florida limited partnership whose mailing address is 2201 Corporate Boulevard, N.W., Suite 200, Boca Raton, Florida 33421, County of Palm Beach, and State of Florida ("Grantor"), and the CITY OF SANFORD, FLORIDA, a municipal corporation, which is situated in the County of Seminole, the State of Florida ("Grantee"); WITNESSETH, 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, licensees, agents and necessary equipment, an exclusive perpetual easement except for those utility improvements iii connection with utility services shown on the Grantor's approved engineering plans dated May 27, 1999 (PZA) and prepared by Burkett Engineering, Inc., (the "Engineering Plans") which were approved by the Grantee, as described and illustrated below, which is to be through, under, upon, and across the property situated in or near the City of Sanford, Seminole County, Florida, more particularly described on the attached Exhibit "A" (the "Property'), which is part of the property known as Plantation Lakes Apartments, located at 1215 Rinehart Road, Sanford, Florida with Seminole County Parcel ID No. 32193030001100000, for city owned utilities consisting of a sanitary forcemain and appurtenant facilities to be constructed or located upon the Property, such easement to include the right of free ingress and egress over and across the Property in vehicles or on foot for the purposes of construction, reconstruction, inspection, modification, operation, removal, installation and maintenance. This Grant of Easement shall not be construed as a grant of right of way and is limited to a City Services Easement. The Grantor shall have the right to use the area subject to the easement granted hereby (the "Easement Area"), including without limitation for parking areas, driveways, and landscaping, which are not inconsistent with the use of the Easement Area by the Grantee for the purposes granted hereby, and which are not in derogation of but in recognition of the easement granted hereunder to Grantee. Provided, however, that except for certain utility easements required in connection with the Engineering Plans, the Grantor shall not have the right to grant utility easements to other parties without the prior written consent of the Grantee. If the Grantee disturbs any landscaping BOC1\REALES'i~39954.6 00350/0134 Page 1 of 2 or ,facilities (specifiCally culvertS, drainage tiles and roadways), then the Grantee shall restore such landscapirig or facilities. IN WITNESS WHEREOF, the Grantor hereunto sets his or her hand and seal on the day and year written above. Signed, Sealed, And Delivered In The Presence Of: PLANTATION LAKES, limited partnership LTD., a Florida By: Altman Development Corporation, a ._.1 Michigan corporation, authorized to transact business in the State of Florida, its general partner by: Name:~'r,i ~t. ~kt~,,~ r" Title://. P. STATE OF FLORIDA COUNTY OF PALM BEACH I HEREBY CERTIFY that on this day before me, an officer duly authorized in the State and County aforesaid to take acknowledgements, personally appeared ~ tf· ~tn ,as VT,~ J~,,-~,d~r!4- of Altman Development Corporation, general~armer of Plantation Lakes, Ltd., to me known to be the person described in and who executed the foregoing instrument and he acknowledged before me that he executed the same on behalf of the corporation and partnership. WITNESS my hand and official seal in the County and State aforesaid this 12.44'~ day of x,e.~..~ ~ , 1999. State of Florida My Commission Expires: 9/g/0 Z. BOC1\REALES'r~39954.6 00350/0134 Page 2 of 2 CONSENT AND JOINDER OF MORTGAGEE The undersigned, Comerica Bank, a Michigan banking corporation ("Mortgagee"), the Mortgagee under that certain Construction Mortgage dated January 14, 1999 and recorded at Official Records Book 3574, Page 1757, oft he Public Records of Seminole County., Florida, as modified by that certain Amendment No. 1 to Construction Mortgage dated March 22, 1999 and recorded October 22, 1999 at Official Records Book 3744, Page 1298 of the Public Records of Seminole County, Florida, hereby consents and joins in the foregoing City of Sanford Sanitary Forcemain Easement Agreement (the "Easement") and subordinates its mortgage lien encumbering all or any part of the Property (as described in the Easement) to the Easement. IN WITNESS WHEREOF, this Consent and Joinder is executed by the undersigned this day of AJOV&MlaO,..F , 1999. WITNESSES: MORTGAGEE: / 4 d COMERICA BANK, a Michigan Nam: ,, a,~c~ .' ,~ banking corporation 3 By: Name: ~ ,,,-t~ D./q~d.~h.,~ Name: Title: STATE OF MICHIGAN COUNTY OF The foregoing instrument was acknowledged before me thisoqa,d day of Iqoae~tj~ t' , 1999 by ~nr~tq' ~ ~ ~ec/( , as ~ce ~egl~ r of Comeflea B~, a Mic~gX~b~ing coloration, who did not take an oath ~d who is personally ~o~ to me or who produced as identification. State of Florida My Comission Expires: KATHLEEN M. BROCK NOTARY pUBLIC - WAYNE COUNT'i, Mt ACTING tN___.----~_ CO., Mt MY COMMiSSiON EX~/2001 BOC1\REALEST~38097.1 00350/0134 SKETCH OF DESCRIPTION SEE SHEET 2 OF 2 SHEETS FOR DESCRIPTION P.O.C. SW CORNER OF THE W 1/2, SE 1/4, SECTION 32-19-30 PARCEL 1 52' SQUARE 4/$4` LIFT ~ 363.21' N2 el.4~, ' 589'25'O't"W ,~. SEE INSET UTILITY EASEMENT .FOR PHASE II SEWER CONNECTION ,Legibility UnsatisfactorX LFor Microfilming HUGHY ST. SOUTHERLY RIGHT OF WAY LINE OF HUGHY ST. S89'4-5'49"E L, 566.52' 656.9~ .,-.- ,,,., ---' , f~ .---' ...- 916.4.,, 2 I ~ LIFT STAllON ~ TRACT / ~< r- L26 ~.~ L27 UTIUTY EASEM~T ~ ~ FOR PHASE II SE~R CONS~UC~ON / INSET I rAOLA ROAD (COUNTY ROAD N0. 46A) -J rn iI't r- SHEET 1 OF 2 SHEETS REVISED: 12/19/99 THIS IS NOT A BOUNDARY SURVEY CERTIFIED TO: ALTMAN DEVELOPMENT d6RPORA'TION SKETCH OF OESCRPnON BURKETT ENGINEERING, INC. Joe No. 97088.008 I/CSEAR8 DRAWN BY.' D. BISHMAN ~Se~~~r TO FLO~O,f__..,_.....J.~ r. DWG SURVEYING CERTIFY 7HAT THiS .SY~EI' M Ct"~S THE MINNUM TECHNICAL REID BY.' N/A COMPANY B' FIEZ~ BOOK: N/A m , 5'rANDIeDS ~ FOR?H. Y. ' ~AL ~LIR1/D'OR$ AND ~ ~'~r,.~ N/A IN TA,o~R 61G17-6 ' 315 N. Ferncreek Aveflue REL.D DATE: N/A ~.'~'~F~l~.~'['~ REGtSTRAnCH No. 42~8 DRAYflNG DATE: 7/~0/98 OrlandO, Florida 32803 (40D 897-8220 LICENSED BUSINESS NO. 5736 SKETCH OF DESCRIPTION SEE SHEET 1 OF 2 SHEETS FOR SKETCH 20' EXCLUSIVE CITY OF SANFORD SERVICES EASEMENT DESCRIPTION THAT PART OF THE SOUTHEAST 1/4 OF SECTION 32, TOWNSHIP 19 SOUTH, RANGE 30 EAST, SEMINOLE COUNTY, FLORIDA, BEING DESCRIBED AS FOLLOWS: FOR A POINT OF REFERENCE, COMMENCE At THE SOUTHWEST CORNER OF SAID SOUTHEAST 1/4-; THENCE RUN NOO~O3°46"E ALONG THE WEST UNE OF THE WEST 1/2 OF SAID SOUTHEAST 1/4- FOR A DISTANCE OF 2500.32 FEET TO THE SOUTHEASTERLY RIGHT OF WAY LINE OF RINEHART ROAD; THENCE RUN N69'12'12"E ALONG SAID SOUTHEASTERLY RIGHT OF WAY UNE FOR A DISTANCE OF 400.27 FEET TO THE SOUTH RIGHT OF WAY LINE OF HUGHY STREET; THENCE RUN S89'45'49"E ALONG SAID SOUTH RIGHT OF WAY LINE FOR A DISTANCE OF 50.91 FEET TO THE POINT OF BEGINNING; THENCE RUN S14'38'54"E, 186.35 FEET; THENCE RUN S25'01'12"E, 20.52 FEET; THENCE RUN S55'36'14"E, 161.40 FEET; THENCE RUN S00'04.'25"E, 61.56 FEET; THENCE RUN S45'00'00"E, 6.93 FEET; THENCE RUN S01'05'23"E, 126.91 FEET; THENCE RUN S14°34-'10"W, 237.02 FEET; THENCE RUN S10'23'06"E, 123.03 FEET; THENCE RUN S17'25'10"E, 198.72 FEET; THENCE RUN S38'29'26"W, 24.20 FEET; THENCE RUN S37'59'27"W, 67.76 FEET; THENCE RUN S81'00'55"W, 3.43 FEET; THENCE RUN S36'00'55"W, 23,02 FEET; THENCE RUN S08'59'05"E, 4-.10 FEET; THENCE RUN S35'35'57"W, 17.85 FEET; THENCE THENCE RUN S37'15'4-9"W, 128.15 FEET; THENCE RUN S82'15'49"W, 1.41 FEET; THENCE RUN S37'15'49"W 41.60 FEET; THENCE RUN S23'26'27"W, 71.48 FEET; THENCE RUN SI0'50'0`3"W, 104.04 FEET; THENCE RUN S15'51'4-9"W, 14-9.90 FEET; THENCE RUN S34'07'40"E, 5.34 FEET; THENCE RUN S74'14'53"E, 94.40 FEET; THENCE RUN S52'29'39"E, 181.76 FEET; THENCE RUN S07'32'54"E, 14.46 FEET; THENCE RUN S79'02'17"E, 6,26 FEET; THENCE RUN S10'57'4,.3"W, 32.00 FEET; THENCE RUN N79'O2'17"W. 5.83 FEET; THENCE RUN Sl1'02'02"W, 4.36 FEET; THENCE RUN S41'55'17"E, 43.98 FEET; THENCE RUN S13'25'27"W, 24.31 FEET; THENCE RUN N41'55'17"W, 67.74 FEET; THENCE RUN N10'57'43" E, 14-.32 FEET; THENCE RUN N79°O2'17"W, 6.17 FEET; THENCE RUN N10'57'43"E, 32.00 FEET; THENCE RUN S79'02'17"E, 3.85 FEET; THENCE RUN N52'29'39"W, 168.56 FEET; THENCE RUN N74'14'53"W, 97.87 FEET; THENCE RUN N34-'O7'40"W, 21.97 FEET; THENCE RUN N15'51'49"E, 158.35 FEET; THENCE RUN NlO'50'O3"E, 105.37 FEET; THENCE RUN N2,3'26'27"E, 76.11 FEET; THENCE RUN 37'15'49"E, 52.31 FEET; THENCE RUN N82'15'49"E, t.41 FEET; THENCE RUN N37'15'49"E, 119.57 FEET; THENCE RUN N35'35'57"E, 9.36 FEET; THENCE RUN NOS'59'O5"W, 4.18 FEET; THENCE RUN N36°OO'55"E, 39.59 FEET; THENCE RUN N81'OO'55"E, 3.84 FEET; THENCE RUN N37'59'27"E, 59.96 FEET; THENCE RUN N38'29'26"E, 13.67 FEET; THENCE RUN N17'25'10"W, 189.34 FEET; THENCE RUN N10'23'O6"W, 128.68 FEET; THENCE RUN N14'34'10"E, 238.70 FEET; THENCE RUN 01'05'23"W, 116.09 FEET; THENCE RUN N45'OO'OO"W, 7.14- FEET; THENCE RUN NOO'O4'25"W, 59.30 FEET; THENCE RUN N55'36'14-"W, 156.34 FEET; THENCE RUN N25'O1'12"W, 27.80 FEET; THENCE RUN N14-'38'54"W, 193.48 FEET; THENCE RUN S89'45'4-9"E, 20.69 FEET TO THE POINT OF BEGINNING. CONTAINING 0.996 ACRES MORE OR LESS. SURVEYORS NOTES: NOT VAUD WITHOUT THE SIGNATURE AND THE ORIGINAL SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER. LANDS SHOWN HEREON WERE NOT ABSTRACTED FOR RIGHTS Of WAY, EASEMENTS, OWNERSHIP, OR OTHER INSTRUMENTS OF RECORD, BY THIS FIRM. BEARINGS SHOWN HEREON ARE BASED ON THE FOLLOWING: THE WEST LINE OF TFIE W 1/2 OF THE SE 1/4 AS NOOl:)3'46"E (ASSUMED). THE DESCRIPTION SHOWN HEREON WAS PREPARED BY THE SURVEYOR. 5. THIS IS NOT A BOUNDARY SURVEY. 6. ALL ADJOINERS PROVIDED BY THE CUENT HAVE BEEN SHOWN HEREON. THE ELECTRONIC RLE FOR THIS PROJECT IS THE PROPERTY OF SEARS SURVEYING COMPANY, INC. AND IS NOT THE PROPERTY OF THE CUENT. LEGEND: (C) CALCULA~E:D ~ CENTERUNE (D) DESCRIPI~ON L.B. LANO BUSINESS O.R. OFFICIAL RECORDS BOOK P.S.M.PROFESSIONAL SURVEYOR & MAPPER PC. PAGE P.LS. PROFESSIONAL LAND SURVEYOR P.R.M.PERMANENT REFERENCE MONUMENT FDOT FLORIDA DEPAR~ENT OF TRANSPORTA'~ON R RADIUS ~ CENTRAL ANCLE P.O.B.POINT OF BEGINNING L LENG~-I P.O.C.POINT OF COMMENCEMENT CH CHORD P.T. POINT OF TANGENCY CB CHORD BEARING P.C. POINT OF CURVATURE T.B. TANGENT OEARING P.C.P.PERMANENT CONTROL POINT (M) MEASURED F,A.C.FLORIDA ADMINISTRATI~E CODE (P) PLAT SHEET 2 OF 2 SHEETS JOB NUMBER: 97088.008 DRAWING NAME: 97088-SAN-EASE.DWG LINE TABLE LINE LENGTH BEARING L1186.35 S14'38' 54"E L2 20.52 S25'01 '12"E L3 161.40 S55'36'14"E L4 61.56 S00'04'25"E L5 6.93 S45'00'00"E L6 126.91 S01 '05'25"E L7 2,37.02 S14'34't O"W L8 12,3.03 S10'25'06"E L9 198.72 St7'25'10"E LIO 24.20 S,38'29'26"W L11 67.76 S37'59'27"W L12 3.43 S81 '00'55"W L13 2t 02 S,36'00'55"W L14 4.10 S08'59'05"E L15 17.85 S,35'35'57"W L16 128.15 S57'15'49"W L17 i,41 S82'15'49"W L18 41.60 S,37'15'49"W L19 71.48 S2,3'26'27"W L20 104.04 S10'50'03"W L21 149.90 S15'51 '49"W L22 5.,34 S34'07'40"E L23 94.40 S74'14'53"E L24 181.76 S52'29'59"E L25 14,46 S07'32'54"E L26 6.26 S79'02'17"E L27 32.00 S10'57'4,3"W L28 5.83 N79'02'17"W L29 4.36 S11 '02'02"W L,30 43.98 S41 '55'17"E L,31 24.31 S13'25'27"W L32 67.74 N41'55'17"W L33 14.,32 N10'57'43"E L34 6.17 N79'O2'17"W L35 ,32.00 N10'57'4,3"E L,36 3.85 S79'02'17,E L37 168.56 N52'29'39"W L38 97.87 N74'14'53"W L,39 21.97 N34'OT'40"W L40 158.35 N15'51'49"E L41 105.57 N10'50'O,3"E L42 76.11 N23'26'27"E L4,3 52.,31 N,37'15'49"E L44 1.41 N82'15'49"E L45 119.57 N,37'15'49"E L46 9.36 N,35'35'57"E L47 4.18 NOS'59'O5"W L48 39.59 N,36'OO'55"E L49 ,3.84 N81 '00'55"E L50 59.96 N,37'59'27"E L51 13.67 N,38'29'26"E L52 189.,34 N17'25'10"W L5,3 128.68 N10'23'O6"W L54 2,38.70 N14'34'10"E L55 116.09 NO1 '05'2,3"W L56 7.14 N45'OO'OO"W L57 59.30 NOO'O4'25"W L58 156.3~- N55',36'14"W L59 27.80 N25'01 '12"W L60 193.48 N14',38'54"W L61 20.69 S89'45'49"E THIS IS NOT A BOUNDARY SURVEY ICSEARS SURVEYING COMPANY 316' N. Ferncreek Avenue Orlendo, RotIda 32803 (407) 887-6220 LICENSED BUSINESS NO. 57,:36