455-vestcor fund XI, ltd.AGREEMENT BETWEEN CITY OF SANFORD AND VESTCOR FUND XI, LTD.
PERMANENT DRAINAGE EASEMENT
THIS AGREEMENT is made and entered into this '~Sv'd--day of August, 2000, by and betweerb,
VESTCO R FUND XI, LTD., whose address is 3020 Hartley Road, Suite 300, Jacksonville~ ,,~
Florida 32257 (hereinafter referred to as "Grantor") and the CITY OF SANFORD, a Florid~
municipal corporation, whose mailing address is Post Office Box 1788, Sanford, Florida 32772~
1788 (hereinafter referred to as "Grantee"). ~ --
WITNESSETH:
WHEREAS, Grantor is the owner in fee simple of certain real property located in Seminole
County, Florida, more particularly described on Exhibit "A" attached hereto and by this
reference made a part hereof (hereinafter referred to as the "Easement Area"); and
WHEREAS, Grantee intends to maintain Rolling Hills Boulevard' (the "Benefited Property")
(hereinafier also referred to as "Project") for both existing and future construction; and
WHEREAS, certain easement rights over, under, through and across the Easement Area are
needed for the Project; and
WI-IEREAS, Grantor, as fee simple owner of the Easement Area, has agreed to create and grant
an easement for drainage and retention purposes in, to, over, upon and across the Easement Area,
upon certain terms and conditions more particularly set forth below.
NOW, THEREFORE, in consideration of the mutual promises, covenants and agreements
contained herein, and of other good and valuable consideration, the receipt and sufficiency of
which is hereby acknowledged, the parties agree as follows:
1. DRAINAGE EASEMENT; Grantor hereby declares, creates, grants, conveys and imposes,
for the use and benefit of Grantee, the Benefited Property and every person who shall now or
hereafter be a fee simple owner of the Benefited Property or any portion thereof, a perpetual, "':
nonexclusive permanent easement for drainage purposes in, to, over, under, upon, across and
through the Easement Area, for the purposes of providing for the conveyance of stormwater
drainage and runoff from the Benefited Property into the Easement Area and providing for ~
the retention and storage of such stormwater drainage and runoff in the Easement Area for
approximately 2.858 acres of the Benefited Property and to accommodate maintenance of c}
facilities related thereto, with full right to use and enjoy the benefits of all pipes, culverts and
other drainage facilities and equipment serving the Benefited Property (hereinafter referred to
as the "Drainage Facilities") now or hereafter located or constructed within the Easement
Area, and to enter upon the Easement Area for the purpose of installing, constructing,
operating, inspecting, maintaining, repairing and replacing the Drainage Facilities, all on the
terms and subject to the conditions hereinafter set forth. The Grantor, its successors and
assigns agree not to build, construct, or permit others to build, construct, or create any
fills iNSI RUMEN'I t"i<EPAR[D b'l ~ doc4m~t~,-~,, Tax Pd. $ f'/.~/...
$ Intangible Tax Pd.
k4~tyafm~, Morr.,e, Clerk Seminole
Cr,~.~cek,,. lily: C~'
rrl-,.q
or"'
buildings or other structure that may interfere with the location, excavation, operation or
maintenance of the drainage or any structure thereon.
2. MAINTENANCE OF DRAINAGE FACILITIES. Grantor, at its sole cost and expense,
shall be responsible for and hereby agrees to perform all maintenance and repair activities
necessary or required in order to keep and maintain all drainage facilities within the
Easement Area in good order and repair. In addition, Grantee shall have the right to maintain
the drainage facilities should Grantor fail to properly do so. m
3. DURATION. The easement hereby granted, created and declared shall be perpetual in~n
duration and may not be changed, amended, modified, cancelled or terminated other than asrd~
expressly provided herein, except by an instnunent in writing, executed by the then ownerS.
of the Bene~ted Property and the Easement Area. r--
INCIDENTAL RIGHTS. The easement hereby created and granted includes the creation of
all incidental rights reasonably necessary for the use and enjoyment of the Easement Area for
its intended purposes, including, specifically, the right of entry for purposes of maintenance,
operation, repair and construction within the Easement Area of any Drainage Facilities now
or hereafter located therein, subject to the limitations set forth herein. The Grantor shall have
the right to discharge stormwater drainage and runoff to the Easement Area from the
Grantor' s contiguous property.
,
DEFAULT AND REMEDIES. In the event either party fails to perform any of the
covenants or meet any obligations imposed pursuant to this easement, the non~defaulting
party shall be entitled to all rights and remedies permitted by law, including without
limitation, the fight to proceed in equity with an action for injunction or specific performance
to enforce its rights under this Agreement. Evidence of such relocation may, if necessary, be
evidenced by a recorded amendment to this easement describing the new easement location.
NOTICES. All notices required or permitted hereunder shall be in writing and shall be
deemed to be given when delivered personally or by receipted ovemight delivery service or
three (3) days after mailing by registered or certified U.S. Mail, Return Receipt Requested,
postage prepaid, addressed to the party for whom it is intended as follows:
Grantee:
Bob Walter, City Engineer, City of Sanford
Post Office Box 1788
Sanford, Florida 32772-1788
With a copy to:
Steams Weaver Miller Weissler Alhadeff & Sitterson, P.A.
150 West Flaglet Street, Suite 2200
Miami, Florida 33130
Attention: Brian J. McDonough, Esq.
Grantor:
Vestcor Fund XI, Ltd.
3020 Hartley Road, Suite 300
Jacksonville, Florida 32257
ENTIRE AGREEMENT. This easement constitutes the entire agreement and
understanding between the parties relating to the subject matter hereof. This easement may
not be amended, waived or discharged, except by instrument in writing executed by the party
against which enforcement of such amendment, waiver or discharge is sought.
8. SEVERABILITY. The validity of any one of the covenants, agreements, conditions or
provisions of this easement, or any portion hereof shall not affect the remaining portions
hereof or any part hereof, and this easement shall be construed as if such covenant,r~ C:~
agreement, condition or provision had not been included herein. :x
9. FURTHER ASSURANCES. Grantor contracts with the Grantee that: the Grantor lawfully~
owns the Easement Area in fee simple; the Grantor has good, right and lawful authority t~ "
sell and convey this Permanent Drainage Easement; the Grantor fully warrants the title to the"
Easement Area and will defend the Easement Area against the lawful claims of all person;
and the Easement Area is free and clear of all liens and encumbrances.
10. MISCELLANEOUS. With or without specific reference thereto, the conveyance of an
interest in any portion of the Easement Area or the Benefited Property shall be subject to the
respective burdens and benefits of the easement hereby created and granted to the same
extent as if all of the terms of this instrument were set forth in such conveyance in full. The
easement, covenants, agreements and conditions contained or expressed herein shall not be
personal (except as otherwise expressly provided herein) but shall run with the land and shall
be binding upon and inure to the benefit of the owners of all or any portion of the Benefited
Property and the Easement Area, their mortgages, any purchaser at a foreclosure sale, each of
the successors and assigns of all such parties, as well as the agents, employees, contractors,
licensees, guests and invitees of each of them.
IN WITNESS WHEREOF, Grantor and Grantee have caused these presents to be executed in
manner and form sufficient to bind them as the day and year first above written.
Witness:
Printed Name
VESTCOR FUND XI, LTD., a Florida
Limited Parmership
By: VESTCOR PARTNERS XI, INC., a
Florida Corporation, as sole general partner
By: ~
Kristen K. Packard o
Vice President rn
STATE OF FLORIDA )
SS:
COUNTY OF DUVAL )
The foregoing instrument was acknowledged before me this ~!.~rtJ-- day of August, 2000, by
Kristen K. Packard, as Vice President of VESTCOR PARTNERS XI, INC., a Florida
corporation, the sole general partner of VESTCOR FUND XI, LTD., a Florida limited
partnership, on behalf of the corporation and as an act of the partnership.
Personally Known /OR Produced Identification
4
ROLLING HILLS DRAINAGE EASEMENT
A PORTION OF GOVERNMENT LOTS 1, 2, AND 3, 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 ¼ OF SAID SECTION
12, PROCEED SOUTH 01 deg. 36'04" WEST, ALONG THE WESTERLY LINE OF SAID SECTION
12, A DISTANCE OF 820.47 FEET; TI-!ENCE SOUTH 36 deg. 17'52" EAST, DEPARTING SAD
WESTERLY LINE OF SECTION 12, A DISTANCE OF 201.25 FEET; THENCE NORTH
47 deg. 54'35" EAST, A DISTANCE OF 57.62 FEET; THENCE NORTH 64 deg. 48'38" EAST, A
DISTANCE OF 110.90 FEET; THENCE NORTH 64 deg. 40'54" EAST, A DISTANCE OF 75.11
FEET; THENCE NORTH 74 deg. 00'54" EAST, A DISTANCE OF 114.94 FEET; THENCE NORTH
63 deg. 31'27" EAST, A DISTANCE OF 59.74 FEET; THENCE SOUTH 75 deg. 52'49" EAST, A
DISTANCE OF 59.74 FEET; THENCE NORTH 74'25'20" EAST, A DISTANCE OF 55.31 FEET;
THENCE SOUTH 68 deg, 16'58" EAST, A DISTANCE OF 64.44 FEET; THENCE SOUTH
79 deg. 51'53" EAST, A DISTANCE OF 87.51 FEET; THENCE SOUTH 62 deg. 49' 51" EAST, A
DISTANCE OF 76.65 FEET; THENCE SOUTH 61 deg. 06'38" EAST, A DISTANCE OF 72.46 FEET;
THENCE SOUTH 72 deg. 55'07" EAST, A DISTANCE OF 49.11 FEET; THENCE SOUTH
59 deg. 20'31" EAST, A DISTANCE OF 49.20 FEET; THENCE NORTH 86 deg. 35'40" EAST, A
DISTANCE OF 65.20 FEET THENCE SOUTH 35 deg. 14'43" EAST, A DISTANCE OF 93.83 FEET;
THENCE SOUTH 16 deg. 39'22" EAST, A DISTANCE OF 59.89 FEET; THENCE SOUTH
13 deg. 58'11" EAST, A DISTANCE OF 73.56 FEET; THENCE SOUTH 13 deg. 53'26" EAST. A
DISTANCE OF 99.17 FEET THENCE SOUTH 19 de~. 30'24" EAST, A DISTANCE OF 43.0 FEET,
TO THE POINT OF BEGINNING OF SUBJECT ROLLING HILLS DRAINAGE EASEMEI(T
THENCE NORTH 69 deg. 50'30" EAST, A DISTANCE OF 37.62 FEET; THENCE NORTH
85 deg. 36' 17"EAST, A DISTANCE OF 47.14 FEET; THENCE NORTH 42 deg. 43'54" EAST, A
DISTANCE OF 51.15 FEET; THENCE NORTH 09 deg 37'38" WEST, A DISTANCE OF 86.47 FEET;
THENCE NORTH 00 deg. 58' 18" WEST, A DISTANCE OF 42.63 FEET; THENCE NORTH
85 deg. 55' 03" EAST, A DISTANCE OF 20.30 FEET; THENCE NORTH 04 deg. 16'16"WEST, A
DISTANCE OF 97.08 FEET; THENCE NORTH 62 deg. 36'26", A DISTANCE OF 26.44, TO A POINT
ON A CURVE, CONCAVE EASTERLY AND HAVING A RADIUS OF 945.54 FEET, SAID POINT
BEING THE WESTERLY RIGHT OF WAY LINE OF ROLLING HILLS BOULEVARD, AN ARC
DISTANCE OF 81.28 FEET; THENCE ALONG THE ARC OF SAID CURVE AND WESTERLY
RIGHT OF WAY ( A 60 FOOT RIGHT OF WAY AS NOW ESTABLISHED) SAID ARC BEING
SUBTENDED BY A CHORD BEARING AND DISTANCE OF SOUTH 29 deg. 39'45"EAST, 81.25
FEET; THENCE ALONG SAID RIGHT OF WAY SOUTH 32 deg. 17'45" WEST, A DISTANCE OF
123.65 FEET; THENCE DEPARTING SAID RIGHT OF WAY SOUTH 57 deg. 42'16" WEST, A
DISTANCE OF 36.00 FEET; THENCE SOUTH
32 deg. 17'47"EAST, A DISTANCE OF 36.35 FEET; THENCE SOUTH 57 deg. 42'lE"EAST, A
DISTANCE OF 252.14 FEET, THENCE NORTH 03 deg. 29'49"WEST, A DISTANCE OF 6.42 FEET;
THENCE NORTH 19 deg. 30'24"WEST, A DISTANCE OF 64.31 FEET , TO THE POINT OF
BEGINNING.
JOINDER BY MORTGAGEE
The undersigned The Bank of New York Trust Company of Florida, N.A., as Trustee,
a National banking association, Mortgagee, under that certain Mortgage and Security
Agreement dated as of September 1, 1999, by Vestcor Fund XI, Ltd., a Florida limited
partnership, to the Florida Housing Finance Corporation, recorded September 30, 1999,
in Official Records Book 3731, Page 1169, of the Public Records of Seminole County,
Florida, (the "Mortgage") as assigned to The Bank of New York Trust Compan~ of
Florida N.A. by Assignment of Mortgage and Security Agreement, UCC Financing
Statements, Promissory Note and Collateral Assignment of Leases, Rents and Contract
Rights dated as of September 1, 1999, and recorded on October 29, 1999, in Official
Records Book 3748, Page 27, of the Public Records of Seminole County, Florida,
coveting all or a portion of the property described in the foregoing Easement (the
"Easement"), does hereby consent to the terms of the Easement and acknowledge 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 Z~¥L day of August,
2000.
Witnesses:
Prillt NalIle
Print Name
THE BANK OF NEW YORK TRUST
COMPANY OF FLORIDA, N.Ao, AS
TRUSTEE
Paula Williams-Pormondo
Vice President
STATE OF FLORIDA )
)
COUNTyOF"'i~xt0-C~ )
SS~
I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State
and County aforesaid to take acknowledgements, personally appeared Paula Williams-
Portuondo, well known to me to be the Vice President of The Bank of New York Trust
Company of Florida, N.A., as Trustee, on behalf of the Bank as Trustee. She is
personally known to me or has produced dri '~e~ as .... e
an oath. idenf~n and d~~
Notary Pub and for the State of Florida
O~ rn
POINT OF COMMENCEMENT
DRNNAGE EASEUENT
NORTHWEST CORNER OF
THE SOUTHWEST 1/4 OF' .,S~C~ION 12
..~.
MAP SHOWING SKETCH OF:
A DRAINAGE EASEMENT
BEING A PORTION OF' GOVERNMENT LOTS 1, 2, AND 3,
SECTION 12, TOWNSHIP 20 SOUTH, RANGE 30 EAST,
SEMINOLE COUNTY, FLORIDA.
LBIBILITY UNSATISFACTORY
FOR MICROFILMING
T,,
LOGAN HEIGHTS
APAR TMEN TS
AMERICANA 8L
/
15' CITY
SER~CES EASEMENTI
PROPOSED
DRAINAGE
EASEMENT ..... ~
CONSTRUCTION SERVICBS, INC.
3020 HARTLBY ROAD, SUITB 300
3ACKSONVILLE, FL 32257
PROPOSED
LIFT STATION
EASEMENT
[EI~IBILITY UNSATISFACTORy
FOR MICROFILMING
· .~
~85'55'03'E o '
Z
o
6.42'
A/03°29,
H/
CONSTrUCTiON 8~-R. VICES,
3020 ~LR. TLE¥ ~OAD, SUtl'~ 300
JACKSONVILLE, FL 32257