458-Westlake Apartments, Ltd HARYAI'tNS f"~,0RSE '~.
CLE_RK OF CIRCUIT COURT
$, 7356
SEHtNOLE COUN t' Y, k L
RECORDED & VERIFIED
01 Jj N 31 PH 3'. 1+7
OFF~C, IAI. RECORDS
~ c, "':' ":'.;, G E
3999 1068
SEMINOLE CO.,FL
GRANT OF EXCLU,31VE CITY SERVICES EASEMENT (CORPORATE)
THIS INDENTURE, made this 3~day of AJc~,~,-J~' ~ , A.D. 2cp~c'). between
I Jr-r~. whose address is I ~°/~1 L,v/~ ,9~b._ P_~,~A .~f,}q
t,<~ ~.,-ec,~ Fc ~ 9.¢o . ,County of ~:,~,~;,,~J~ ,a d
Stat;)of /l~ldr'~c{,~ , party of the ' , , , '
WITNESSETH, that party of the first part, for and in consideration of the sum of one dollar and other
valuable consideration paid by party of the second part, receipt whereof is hereby acknowledged, grants
and conveys to ..party of the second part, its successors, assigns, licensees, an c~!uBive-perpetual
Florida, more particula scribed as:
(See Attached Exhibit 'A' Legal Description and Exhibit 'B"
- - wing)
*Also known as JZOO ~Af~}aJa, ~c,,~J. , Sanford, Florida*
PROPERTY ADDRESS
.(Seminole County Parcel ID No. ,'~ ,~' i°1 530 50~. O r")r),r') o3-1003
for city services, including but not limited to, city owned utilities, hereafter on said property, such easemen
to include the right of free ingress and egress over and across said property for the purposes e
constructing, installing, and maintaining said facilities.
This Grant of Easement shall not be construed as a grant of right of way and is limited to a City Service
Easement. The party of the first part shall have the right to use the area subject to the easement grante,
hereby ( the "Easement Area"), including without limitation for parking areas, driveways, an.
landscaping, which are not inconsistent with the use of the Easement Area by the party of the second pa~
for the purposes granted hereby.
Provided, however, that the party of the first part shall not have the right to grant utility easements t
other parties without the prior written consent of the party of the second part. If the party of the secon
part disturbs any landscaping or improvements within the easement'area, the party of the second pa
shall restore such landscaping or improvements.
IN WITNESS WHEREOF, the parties of the first part hereunto set their hands and seals on the day and yec
first above written.
SIGNED, SEALED, AND DELIVERED IN THE PRESENCE OF:
l
(Printed Name _~ka~,/'viurray )
I
Title: ~b/';z:( Ir)P"4,~,' ;-~/~' 4t"'
Address:
(Printed Name of Witness) Z d,-~,--~aaJ , ):'/_- 3 2- ?SO
STATE OF FLORIDA, COUN~ OF SEMINOLE
The foregoing instrument was acknowledged before me this~~ day of N~V~ , ~
~h~e ~e~ ,the ~ice-Pr~~ of ~e~fl~ ~p~t~ts :~
is personally known to me or__ who provided as identification,
~Y P~ DIANE C~S ~7~ Nola~ Public State of Florida
~ ~ COMM~SSION · CC 655 0
Printed Name ~j~ Cr~5
0F ~ A1~ BON~ ~-, , 9 - 5
SKETCH OF DESCRIPTION
Commence at the Southeast corner of Lot 22, M.M. SMITHS 3RD SUBDIVISION,
according to the Plat thereof as recorded in Plat Book 1, Page 86, Public
Records of Seminole County, Florida, also being the point of intersection
of the West right of way line of UpsaiR Road and the North right of way
line of Fifth Street; thence run N 89'56'54" W along the South line of
said Lot 22 a distance of 25.00 feet for the Point of Beginning; thence .
continue N 89'56'54" W o distance of 1253.55 feet; thence run N 00'12'07" E
a distance of Z~O0 feet; thence run S 89"56'54" E a distance of 1253.60
feet; thence run S 00"00'00" W a distance of ~ngoO0 feet to the Point of
Beginning.
Containing 18,805.6 square feet more or less.
NOTES:
1) BASIS OF BEARING: 'THE WEST RIGHT-OF-WAY LINE OF UPSALA
ROAD AS BEING N 00'00'00" E.
2) UNDERGROUND UTIUTIES NpT LOCATED EXCEPT AS SHOWN.
3) THIS IS NOT A BOUNDARY SURVEY.
0% S89'56'54"E
~ z "N89"56'54"W
1253.60'
1253~55'
POINT OFJ
BEGINNING
FIFTH STREET
25.00'
N89'56'54"W
POINT O
COMMENCEMENT
25.00'
N
<(
SMITH
CANAL
SEAL OF a FLORIDA UCENSED SURVEYOR AND MAPPER
SHANNON SURVEYING INC.
499 NORTH S.R. 434, SUITE 2155
ALTAMONTE SPRINGS, FLORIDA, 32714
(407) 774-8572
NOVEMBER 16, 2000
DATE OF SURVEY:
FIELD BY: N/A SCALE: 1" = 20'
RLE NUMBER: UPSALA--15'U.E. SOUTH LINE
EXHIBIT "A"
SKETCH OF DESCRIPTION
¢
C.ommence at the Southeast corner of Lot 22, M.M. SMITHS `3RD SUBDIVISION,
according to the Plot thereof as recorded in Plat Book 1, Page 86, Public
Records of Seminole County, Florida, also being the point of intersection
of the West right of way line of Upsalo Road and the North right of way
line of Fifth Street; thence run N 89'56'54" W along the South line of
said Lot 22 a distance of 25.00 feet for the Point of Beginning; thence
continue N 89°56'54'' W a distance of 15.00 feet; thence run N OO'O0'O0'r E
a distance of 645.10 feet; thence run S 89'56'54" E a distance of 15.00 feet;
thence run S 00°00'00'' W a distance of 645.10 feet to the Point of Beginning.
Containing 9676,5 square feet more or less.
S89"56'54"E N89'56'54"W
15.00' 25.00'
NOTES:
1) BASIS OF BEARING: THE WEST RIGHT-OF
-WAY LINE OF UPSALA ROAD AS BEING
N O0'O0'O0" E.
2) UNDERGROUND UTIUTIES NOT LOCATED
EXCEPT AS SHOWN.
3) THIS IS NOT A BOUNDARY SURVEY.
FIFTH
b o POINT OF
o c.n BEGINNING
__ 15.00' 25.00'
N89'56'54"W N89'56'54"W
POINT 0
25.00'
N
r-
SMITH
CANAL
ES .... 671
NOT VAUD WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED
SEAL OF A FLORIDA UCENSED SURVEYOR AND MAPPER
SHANNON SURVEYING INC.
499 NORTH S.R. 434, SUITE 2155
ALTAMONTE SPRINGS, FLORIDA, .32714
(407) 774-8`372
NOVEMBER 16, 2000
DATE Of SURVEY:
F1ELD BY: N/A SCALE: 1" = 20' /
HLE NUMBER: UPSALA-- 15'U.E. UPSALA
EXHIBIT "5 ~
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1
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WATER ANDWASTEWATER UTILITIES
BILL OF SALE
located at 73~ LA/~- 5~ ~e,,~ ~J~ , ko~ .... ~ ~k ~ 7~J , County
of ~ ~-/t , State of FI~ ~ ~.~ , hereafter kno~ as
the SELLER, for and in consideration of the sum of One ($1.00) Dollar
and other valuable consideration paid to SELLER by City of Sanford, a
political subdivision of the State of Florida, hereafter kno~ as the
BUYER, receipt of which is hereby acknowledged does grant, sell,
transfer, convey, and deliver to BUYER all pipes, lines, gate valves,
valve boxes, fittings, thrust blocks, hydrants, p~p stations, and other
goods and e~ipment which comprise the water, wastewater, and reclaimed
water systems installed by SELLER and located on the following public
easements, rights-of-way, or tracts as sho~ on the record drawings,
more specifically described as follows:
PROJECT:
(See Attached Legal Description)
BUYER shall have all rights and title to the goods in itself and
its assigns.
SELLER warrants that it is lawful owner of the goods and the goods
are free from all liens and encumbrances. SELLER has good right to sell
the goods and will warrant and defend the right against the lawful
claims and demands of all persons.
ADDRESS:
IN WITNESS WHEREOF, SELLER has executed this BILL OF SALE at
, ~t~ ~J~ , on this ~QT~ day
, 1000
)~L
SELLER
T m s: _/Y/~7~/~._~ ~
B- 3
WATER AND WASTEWATER UTILITIES
MAINTENANCE (MATERIALS AND WORKMANSHIP WARRANTY) BOND
Bond No: ASB-09-05-0088
KNOW ALL MEN BY THESE PRESENTS, THAT Westlake Apartments, Ltd. of 1399 W.
SR 434, Longwood, Florida, referred to as the DEVELOPER, and American Safety Casualty
Insurance Company of 1845 The Exchange, Suite 200, Atlanta, GA 30339, hereinafter called
SURETY, are held and firmly bound unto the CITY OF SANFORD, a political subdivision of the
State of Florida, whose address is 300 North Park Avenue, Sanford, Florida 32771, in the full and just
sum of-Nineteen thousand and 00/I 00--- DOLLARS, lawful money of the United States of America,
to the payment of which sum, well and truly to be made, the DEVELOPER and SURETY bind
themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, fnTnly
by these presents.
WHEREAS, the DEVELOPER has had installed certain water, wastewater, reclaimed water
systems, and/or other related improvements in or around the CITY, known and identified as follows:
Westlake Apartments with the approval of the CITY under the rovisions, conditions, and
requirements of the development plan approval granted the 22~Pday of June, 1999 by the CITY.
WHEREAS, the DEVELOPER is obligated to protect the CITY against any defects resulting
from faulty materials or workmanship of said improvements and to maintain said improvements for a
period of two years from November 29~ 2000.
NOW THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH that if the
DEVELOPER shall promptly and faithfully protect the CITY against any defects, correct all defects in
the aforesaid improvements, maintain the aforesaid improvements and fully indemnify the CITY for
all loss the CITY may sustain by reason of any defect in materials, construction or failure on the part
of the DEVELOPER to fully maintain said improvements, including but not limited to the water,
wastewater, and reclaimed water systems, for a period of two (2) years from the date of issuance of the
Certificate of Completion by the CITY, which shall be the 291h day of November, 2000, and the
DEVELOPER pays any and all costs and expenses incidental to the performance of any work required
to be performed hereunder, then this obligation shall be void; otherwise to remain in full force and
effect.
The CITY shall notify the DEVELOPER in writing of any defects for which the
DEVELOPER is responsible and shall specify in said notice a reasonable period of time which
DEVELOPER shall have to correct said defects.
The SURETY unconditionally covenants and agrees that if the DEVELOPER fails to perform
within the time specified by the CITY, the SURETY, upon thirty (30) days written notice from the
CITY, or its authorized agent or officer, of default, will forthwith correct such defect or defects and
pay the cost thereof, including, but not limited to engineering, legal and contingent costs.
FURTHERMORE, should the SURETY fail or refuse to correct said defect or defects, the
CITY in view of the public interest, health, safety, welfare, and other factors involved, and the
consideration in approving said development plans, shall have the right to resort to any and all legal
remedies against the DEVELOPER and SURETY, either individually or together, both at law and in
equity including specifically, specific performance to which the DEVELOPER and SURETY
unconditionally agree.
The DEVELOPER and SURETY further jointly and severally agree that the CIYT at its
option, shall have the right to correct said defect or defects resulting from faulty materials or
workmanship, or pursuant to public advertisement and receipt of bids, cause to be corrected said defect
or defects in case the DEVELOPER shall fail or refuse to do so, and in the event the CITY should
exercise and give effect to such right, the DEVELOPER and SURETY shall be jointly and severally
responsible hereunder to reimburse the CITY the total cost thereof, including, but not limited to,
engineering, legal, and contingent cost, together with any damages, either direct or indirect, which
may be sustained on account of the failure of the DEVELOPER or SURETY to correct said defects.
ADDRESS:
ADDRESS:
1845 The Exchange
Suite 200
Atlanta, GA 30339
Westlake Apartments. Ltd.
. .
~erican Saf~ C~ual~ I~ance Company
S~TY ' ~ ~
A~omey-In-Fact &
Its: Witness
~ AMERICAN
SAFETY
Casualty Insurance Company
POWER OF ATTORNEY
NUMBER
ASB- 09-05- 0 O 8 8
KNOW ALL MEN BY THESE PRESENTS, that American Safety Casualty [nsumnce Company has made, constituted and appointed. and by these presents does make.
constitute and appoints
CHARLES J. NIELSON, KEVIN WOJTOWICZ, ROY MAY, MICHAEL STEVEN, LAURA MOSHOLDER
OF MIAMI LAKES, FLORIDA
its true and lawful attorney-in-fact, for it and its name, place, and stead to execute on behalf of the said Company, as surety, bonds. undertaking and contracts of suretyship
to be given to
ALL OBLIGEES
provided that no bond or undertaking or contract of suretyship executed under this authority shall exceed in amount the sum of
***TWO MILLION***($2,000,O00) DOLLARS***
This Power of Attorney is granted and is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the Company
on the Twenty-Ninth day of January, 1999.
RESOLVED, that the President in conjunction with the Secretary or any Assistant Secretary may appoint attomeys-in-fact or agents with authority as defined or limited in the
instrument evidencing the appointment in each ease. for and on behalf of the Company, to execute and deliver and affix the seal of the Company m bonds. undertakings,
recognizances. and suretyship obligations of all kinds: and said officers may remove any such attomey-in4act or agent and revoke any power of attorney previously granted to
such persons.
RESOLVED FURTHER. that any bond. undertaking, recognizance. or suretyship obligation shall be valid and binding upon the Company:
(i) when signed by the President or any Vice-President and attested and sealed (if a seal be required) by any Secretary or Assistant Secretary or (ii) when signed by the President
or any Vice-President or Secretary or Assistant Secretary, and countersigned and sealed (if a seal be required) by a duly authorized attomey-in-fact or agent; or (iii) when duly
executed and sealed (if a seal be required) by one or more attorney-in-fact or agents pursuant to and within the limits of the authority evidenced by the power of attorney issued
by the Company to such person or persons.
RESOLVED FURTHER, that the signature of any authorized officer and the seal of the Company may be affixed by facsimile to any power of attorney or certification thereof
authorizing the execution and delivery of any bond, undertaking, recognizance. or other suretyship obligations of the Company; and such signature and seal when so used shall
have the same force and affects as though manually affixed.
IN WITNESS WHEREOF, American Safety Casualty Insurance Company has caused its official seal to be hereunto affixed. and these presents to be signed by its President and
attested by its Secretary this Twenty-Ninth day of January. 1999.
Fred J. Pinckney, Secretary
STATE OF GEORGIA
COUNTY OF COBB
Lloyd A. Fox, President
On this Twenty-Ninth day of January, 1999, before me personally came Lloyd A. Fox. to me known, who, being by me duly swom, did depose and say that he is the President of
American Safety Casualty Insurance Company, the corporation described in and which executed the above instrument; that he knows the seal of the said corporation: that the seal
affixed to the said instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said corporation and that he signed his name thereto by like order.
'~ ~; Dorothy J. Giglio, Notary Public
~-,.~o
I, ~he undersigned. Secretary of American Safety Casualty Insurance Company, a Delaware corporalion, DO HEREBY CERTIFY that the foregoing and attached
Power of Attorney remains in lull force and has not been revoked; and furthermore that the Resolution of the Board of Directors. set forth in the said-Power of Attorney, is now
in force.
Signed and Sealed at the City of Atlm~a. in the State of 0eorgia. Dated thea~?~ day of
Fred J. Pinckney, Secretary
ORIGINALS OF THIS POWER OF ATTORNEY ARE PRINTED WITH RED NUMERICAL NUMBERS.
DUPLICATES SHALL HAVE THE SAME FORCE AND EFFECT AS AN ORIGINAL ONLY WHEN ISSUED IN CONJUNCTION WITH THE ORIGINAL.
HARYAN?,i~i",,OFISE
CLERK OF CIRCUIT COURT
6b, 7357
SEHINOLE COUI'ITY, FL
RECORDED & VERIFIED
01 JAN 31 PH 3:
VV'D-
This Instrument Prepared by and return to:
Berry J. Walker, Jr., Esquire
Florida Bar Number 0742960
WALKER AND ASSOCIATES, ATTORNEYS, P.A.
235 Maitland Avenue South, Suite 216
Maitland, Florida 32751
Phone: (407) 644-6535
Fax: (407) 644-8369
r"'
C.~
,
WARRANTY DEED
THIS WARRANTY DEED is made this %Z_ day of
2000, by and between WESTLAKE APARTMENTS, LTD., A FLORIDA LIMITE6
PARTNERSHIP, with its principal place of business located at 1399
West State Road 434, Longwood, Florida 32750, hereinafter called
tat. e of Florida, with an address of p,~,~ /
~ ~/7~ ,
hereinafter called i'Grantee"-
WITNESSETH:
The Grantor, for and in consideration of the sum of Ten and
00/100 Dollars ($10.00) and other valuable consideration, receipt
of which is hereb~ acknowledged, hereby grants, bargains, sells,
remises, releases, and conveys to the Grantee,-all that certain
land situate in Seminole County, State of Florida, to-wit:
SEE THE ATTACHED EXHIBIT "A"
TOGETHER with all the tenements, hereditaments and
appurtenances thereto belonging or in anywise appertaining, to have
and to hold in fee simple forever.
The Grantor hereby covenants with said Grantee that the
Grantor is lawfully seized of s~id land in fee simple, has good
right and lawful authority to se'll and convey said land, hereby
fully warrants the title to said land and will defend the same
against the lawful claims of all persons whomsoever, and that said
land is free of all encumbrances, except taxes accruing subsequent
to December 31, 2000, conditions, restrictions, easements,
limitations and zoning ordinances of record, if any.
WESTLAKE APARTMENTS, LTD.,
a Florida limited partnership:
By: Westlake Apartments, Inc..
a Florida corporation,
its sole general partner:
Signed in the presence of the following witnesses:
Witness 'Signature
P.,~int Name of Witness
MICHAEL W. ROSARIO
Print Name of Witness
STATE OF FLORIDA
COUNTY OF ORANGE
Before me, the undersigned notary public, the foregoing
instrument was sworn to, acknowledged and subscribed to before me
this ~ day of ~JOVF, , 2000, by M. Shane Murray, vice
president of Westlake Apartments, Inc., a Florida corporation, as
the sole general partner of Westlake Apartments, Ltd., a Florida
limited partnership, who did take an oath.
Check One:
has produced
as identification.
NO C
(typed-printed or stamped name of Notary)
My Commission Expires:
:'/ SKETCH OF DESCRIPTION
Commence at the Southeast corner of Lot 22, M.M. SMITHS 3RD SUBDIVISION,
'according to the Plat thereof as recorded in Plat Book 1, Page 86, Public
Records of Seminole County, Florida, also being the point of intersection
of the West right of way line of Upsala Road and the North right of way
line of Fifth Street; thence run N 89'56'54" W along the South line of
said Lot 22 a distance of 25.00 feet for the Point of Beginning; thence
continue N 89"56'54" W a distance of 39.36 feet; thence run N 00'00'00" E
a distance of 23.32 feet; thence run N 45'44'25" E a distance of 18.15
feet; thence run S 89'56,'54" E a distance of 26.36 feet; thence run
S 00'00'00" W a distance of `]6.00 feet to the Point of Beginning.
Containing 1`]`]4.5 square feet more or less.
NOTES:
1) BASIS OF BEARING: THE WEST RIGHT-OF-WAY UNE OF UPSALA
ROAD AS BEING N 00'00'00" E.
2) UNDERGROUND UTILITIES NOT LOCATED EXCEPT AS SHOWN.
3) THIS IS NOT A BOUNDARY SURVEY.
,,<9 S89'56'54"E
~ ~%/~/~~f 26.36'
Ld O0
= ~DO
Q c',,l
O
Z
,.%9.,]6'
N89'56'54"W
FIFTH
STREET
POINT OF
BEGINNING
25.00' %
N89"56'54-"W
POINT OF
COMMENCEMENT
25.O0'
c.o
SMITH
CANAL
;JSEAL 0% A FLORIDA LICENSED SURVEYOR AND MAPPE~ RAISED
SHANNON SURVEYING INC.
499 NORTH S.R. 434, SUITE 2155
ALTAMONTE SPRINGS, FLORIDA, `]2714
(2407) 774-8572
NOVEMBER 16, 2000
DATE OF SURVEY:
REID BY: N/A SCALE: 1": 20' /
RLE NUMBER: UPSALA--LIFT--STA