486-Colonial Properties ServiceThis instrument prepared by and
a~er recording return to:
Robert M. Poppell, Esquire
Akerman, Senterfitt & Eidson, P.A.
255 South Orange Avenue, Suite 1700
Orlando, Florida 32801
MARYANN'Z ~ORSE
.CLERK OF CIRCUIT COURT
6?5800
SEMINOLE COUNTY. FL
RECORDED & VERIFIE~
OI APR-9 PM I: 56
....................................... [SPACE ABOVE THIS LINE FOR RECORDING DATA] ...................................
THIS EASEMENT INSTRUMENT HAS BEEN EXECUTED AND DELIVERED UNDER
THREAT OF CONDEMNATION AND/OR IN SETTLEMENT OF CONDEMNATION
PROCEEDiNGS AFFECTING THE PROPERTY DESCRIBED HEREiN AND IS NOT SUBJECT
TO DOCUMENTARY STAMP TAX. SEE, DEPARTMENT OF REVENUE RULES 12B -4.013 (4)
AND 12B-4.014(14), F.A.C.; AND SEE, FLORIDA DEPARTMENT OF REVENUE v. ORANGE
COLINTY~ 620 So.2d 991 (Fla. 1993).
GRANT OF EASEMENT
THIS INDENTURE, made this ~'~day of (Y'~e. JJX , A.D. 2001, between
COLONIAL PROPERTIES SERVICES, INC., an Alabama corporation, whose physical address
is 2101 6th Avenue North, Suite 900, Birmingham, Alabama 35202 ("Grantor"), and CITY OF
SANFORD, FLORIDA, a municipal corporation, whose physical address is 300 North Park
Avenue, Sanford, Florida 32771 ("Grantee");
WITNESSETH, that 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 and licensees, a non-exclusive perpetual easement over, upon,
through and across the property of Grantor more specifically described below ("Easement Property")
for purposes of allowing the drainage of stormwater generated upon those portions of Oregon
Avenue/Hughy Street lying adjacent to the Easement Property, all as more particularly described in
this Indenture. The "Easement Property" for purposes of this Indenture is more particularly
described as follows:
See Exhibit "A" attached hereto and hereby incorporated herein.
The drainage easement shall permit the drainage of stormwater from only those portions of
Oregon Avenue/Hughy Street that lie adjacent to the Easement Property, the stormwater from which
is intended to be treated in the Easement Property pursuant to those certain engineering plans for
Oregon Ave/Hughy Street entitled Bid Set, Oregon Avenue/Hughy Street, consisting of pages COO l
through C506, prepared by SK Consortium, Inc., dated March 5, 2001, Project No. 0046
("Engineering Plans") (the aforedescribed stormwater is hereinafter referred to as the
"Oregon/Hughy Stormwater"), and only pursuant to and consistent with all applicable stormwater
management permits and approvals issued in connection or with respect thereto. The purposes of
OR377455;2
the Drainage Easement shall also include (i) allowing Grantee to enter upon the Easement Property,
as and to the extent necessary, for the purpose of constructing, maintaining and repairing any
improvements within the Easement Property necessary to ensure the uninterrupted drainage of the
stormwater consistent with this Indenture ("Stormwater Facilities") and (ii) allowing Grantee to
temporarily enter upon property of Grantor lying immediately adjacent to the Easement Property,
only to the extent reasonably necessary for the full enjoyment of the drainage easement created
herein, all in accordance with the terms and provisions of this Indenture.
The parties further agree as to the following provisions:
1. Non-Exclusive Easement and Reservation of Rights. The easement rights granted
herein are non-exclusive in nature and are subject to all matters of record. Grantor shall have the
right to use the Easement Property for any purpose not inconsistent with the full use and enjoyment
of the rights granted herein in favor of Grantee. In addition, Grantor hereby reserves the right to, at
its sole cost and expense, modify, reconfigure, alter or relocate the Easement Property and any
facilities or improvements located therein, at Grantor's discretion, in connection with Grantor's
development of the Easement Property and any property of Grantor adjacent thereto, provided,~~
however, that any such modification, reconfiguration, alteration or relocation shall not unnecessarily~
impede the drainage of the Oregon/Hughy Stormwater or otherwise unnecessarily interfere with~
Grantee's use of the Easement Property. Also, the Grantor shall pay the full cost of the~
reconfiguration, including any costs for modification required off-site. In furtherance of the~
foregoing, Grantor has the right, without thejoinder of Grantee, to execute and cause to be recorded~-
in the Public Records of Seminole County any modification to this Indenture necessary to accurately
reflect the configuration and description of the Easement Property to be encumbered by this
Indenture consistent with the foregoing provisions of this Paragraph. Notwithstanding anything in
the foregoing to the contrary, Grantor, its successors and assigns, agree not to build, construct or
create, or permit others to build, construct or create within the Easement Property any building or
other structures that may interfere with the location, excavation, operation or maintenance of the
Easement Property or the Stormwater Facilities or the drainage of the Oregon/Hughy Stormwater.
2. Maintenance. Notwithstanding anything in the foregoing provisions of this Indenture
to the contrary, Grantor hereby acknowledges and agrees that it shall have the primary right and
responsibility to maintain the Easement Property and the Stormwater Facilities located therein;
provided, however, that in the event that Grantor fails to so maintain the Easement Property and
Stormwater Facilities in accordance with the requirements of any applicable stormwater management
permits and approvals or rules and regulations of any governmental entity with jurisdiction there
over, Grantee shall be permitted to enter the Easement Property pursuant to this Indenture to perform
such required maintenance and Grantor shall promptly reimburse Grantee for all costs incurred, plus
an administrative fee.
3. Utilization of Easement Rights. Grantee shall utilize the easement rights granted
herein in accordance with the rules and regulations of, and pursuant to any and all permits issued by,
any applicable governmental agencies. No reasonable exemise of any rights granted hereunder shall
be deemed an overburdening of the Easement Property. Notwithstanding anything to the contrary
contained in this Indenture, in no event shall Grantee be entitled to cause, permit or allow any
"Hazardous Substances" to be discharged on, over or into the Easement Property in violation of any
OR377455;2 2
applicable law, rule or regulation. For purposes of this Indenture, Hazardous Substances shall mean
any substance or material defined or designated as a hazardous or toxic waste, material or substance
by any federal, state or local statute or law.
4. Binding Effect. This Indenture, and the rights and interests created herein, runs with
the land and shall be binding upon and inuring to the benefit of the parties hereto and their respective
successors and assigns. Notwithstanding anything in the foregoing provisions of this Indenture to
the contrary, Grantor shall have no duties, responsibilities or liabilities hereunder after Grantor has
conveyed title to the Easement Property to a third party, except for any duties, responsibilities or
liabilities that may have arisen prior to such conveyance.
5. No Construction Liens. Grantee shall not suffer or permit any construction lien to
be filed against any of the Easement Property or other property of Grantor as a result of the actions
of Grantee or its employees, agents or representatives and, in the event of any such construction lien
attaching, Grantee shall have same removed. If Grantee causes or allows any construction liens to
be filed against any portion of the Easement Property or other property of Grantor, and, thereafter,
fails to remove same within thirty (30) days of Grantee's actual notice that said lien has been filed,
then Grantor, at its election, may pay and satisfy the same, or transfer same to other security, and in,,
such event Grantee shall reimburse to Grantor any and all sums so paid, including interest at the~_
highest rate allowed by Florida law accruing from the date of payment by the Grantor of the lien~
amount and including all reasonable costs and expenses incurred by the Grantor in connectionr~
therewith, including attorneys', paralegal's and other professional's fees. ~o
6. Captions and Applicable Law. The paragraph and subparagraph captions included
herein are for reference only and shall not amend, modify or be used to interpret or construe the
meaning or intent of the parties as to any of the terms and provisions hereof. This Indenture shall
be governed, enforced and construed in accordance with the laws of the State of Florida. If any
provisions of this Indenture or the application thereof shall be held to be invalid or unenforceable
in a court of law, the remainder of this Indenture shall not be affected thereby and each provision of
this Indenture shall otherwise remain valid and enforceable to the fullest extent permitted by law.
7. Legal Proceedings. In the event that either Grantor or Grantee hires an attorney to
enforce any term of this Indenture, the party prevailing in said dispute, enfomement action or legal
proceeding shall be entitled to recover reasonable attorneys', paralegals' and other professionals' fees
(including those incurred before or at trial or on any re-hearing or appeal) and costs incurred
incidental thereto from the party not prevailing in said legal proceedings.
8. Enfomement and Remedies. If either party hereto fails to perform or breaches any
obligation, requirement, duty or covenant contained herein, the other non-defaulting party shall have
the right, at its option, in addition to any o fits other rights, privileges or remedies otherwise stated
elsewhere herein to (i) bring an action for the recovery of actual damages (not including punitive,
consequential or incidental loss or damage) in a court of competent jurisdiction, and/or (ii) bring an
action for specific performance in a court of competent jurisdiction. The failure to enfome any of
the terms or provisions of this Indenture, however long continued, shall in no event be deemed a
waiver of the right to enforce the same thereafter as to the same breach or violation, or as to any
other breach or violation occurring prior to or subsequent thereto.
OR377455;2 3
IN WITNESS WHEREOF, Grantor has executed and delivered this Indenture as of the day
and year written above.
Signed, sealed and delivered in the presence
of:
Print N~ame:
~rint Name:
"GRANTOR"
COLONIAL PROPERTIES SERVICES, INC.,
an Alabama]/~oo~ra)
Title: ~_ ~//
STATE OF ALABAMA
COUNTY OF JEFFERSON
The~oregoing instrument was acJinowledged before me this,~O day of ~f')zZ0fZ ,
2001,byC~,~. f~_~ ,as ~',(.g_~. ~~ of COLONIAL PROPERTIES
SERVICES, INC., an Alabama corporation, on behalf of the corporation. Said person (check one)
[] is personally known to me or [] produced as
identification.
/45~nt Name: ,.T'~x~e~
O4otary Public, State of Elo~a
Commission No.:
My Commission Expires:
OR377455;2 4
Parcel 107B
EXHIBIT "~"
ALL THAT TRACT OR PARCEL OF LAND LYING IN THE SOUTHEAST 1/4 OF SECTION 32, TOWNSHIP 19
SOUTH, RANGE 30 EAST, SEMINOLE COUNTY, FLORIDA, BEING A PORTION OF THAT PARCEL DESCRIBED tN
OFRCIAL RECORDS BOOK 907, PAGE 206, OF' THE PUBUC RECORDS OF SEMINOLE COUNTY, FLORIDA, AND
BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE EAST QUARTER CORNER OF SECTION 32. TOWNSHIP 19 SOUTH, RANGE 30 EAST;
THENCE N89'59'22'W ALONG THE NORTH lINE OF THE SOUTHEAST 1/4 OF SAID SECTION 32, A DISTANCE
OF 773.84 FEET TO A POINT; THENCE S00~0'38'W A DISTANCE OF 30.00 FEET TO A POINT ON THE
PROPOSED SOUTHERLY RIGHT-OF-WAY UNE OF HUGHY STREET, AND THE POINT OF BEGINNING; THENCE
S00'00'38"W, A DISTANCE OF 31.85 FEET TO A POINT; THENCE S45'/4'34"W A DISTANCE OF 55.15 FEET
TO A POINT; THENCE S52'36'11"W A DISTANCE OF 40.20 FEET TO A POINT; THENCE N79'32'24'W A
DISTANCE OF 13.42 FEET TO A POINT; THENCE N31'40'59"W A DISTANCE OF 24.62 FEET TO A POINT;
THENCE N61'25'34"W A DISTANCE OF .30.10 FEET TO A POINT; THENCE S90~30'00'W A DISTANCE OF
77.95 FEET TO A POINT; THENCE N62'51'55'W A DISTANCE OF 12..31 FEET TO A POINT; THENCE S85'
29'.39"W A DISTANCE OF 42.02 FEET TO A POINT; THENCE N47'14'52'W A DISTANCE OF 19.00 FEET TO A
POINT; THENCE NOO~30'58'E A DISTANCE OF 41.83 FEET TO A POINT ON THE PROPOSED SOUTHERLY
RIGHT-OF-WAY UNE OF HUGHY STREET; THENCE S8959'22"E, ALONG SAID PROPOSED RIGHT-OF-WAY
LINE, A DISTANCE OF 270.01 FEET TO THE POINT OF BEGINNING.
and
Parcel 107C
gel
ALL THAT TRACT OR PARCEL OF LAND LYING IN THE SOUTHEAST 1/4 OF SECTION 32, TOWNSHIP 19
SOUTH, RANGE 30 EAST, SEMINOLE COUNTY, FLORIDA, BEING A PORTION OF THAT PARCEL DESCRIBED IN
OFFICIAL RECORDS BOOK 907, PAGE 206, AND A PORTION OF THAT PARCEL DESCRIBED IN OFFICIAL
RECORDS BOOK 1107, PAGE `32, OF THE PUBUC RECORDS OF SEMINOLE COUNTY, FLORIDA AND BEING
MORE PARllCULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE EAST QUARTER CORNER OF SECllON 32, TOWNSHIP 19 SOUTH, RANGE 30 EAST;
THENCE N89'59'22'W ALONG THE NORTH UNE OF THE SOUTHEAST lf4 OF SAID SECTION `32, A
DISTANCE OF 1127.37 FEET TO A POINT; THENCE S00'18'55'E A DISTANCE OF 25.00 FEET TO A POINT
ON THE EXISTING SOUTHERLY RIGHT-OF-WAY MNE OF HUGHY STREET, AND THE POINT OF BEGINNING;
THENCE S00'18°55"E A DISTANCE OF 57.10 FEET TO A POINT; THENCE S29'19°22'W A DISTANCE OF
10.88 FEET TO A POINT; THENCE S88'35'55#W A DISTANCE OF 10.88 FEET TO A POINT; THENCE N71'
50'06'W A DISTANCE OF 28.79 FEET TO A POINT; THENCE S83~7'48"W A DISTANCE OF 10.22 FEET TO
A POINT; THENCE S59'24'54'W A DISTANCE OF 5`3.71 FEET TO A POINT; THENCE $39'54'40'W A
DISTANCE OF 53.71 FEET TO A POINT; THENCE S44~5'4~'W A DISTANCE OF 9.75 PEk! TO A POINT;
THENCE S82~39'O2'W A DISTANCE OF 16.13 FEET TO A POINT; THENCE N56'OO'15'W A DISTANCE OF
12.40 FEET TO A POINT; THENCE N18~)6'56*W A DISTANCE OF 1;3.57 FEET TO A POINT; THENCE NO6'
54'57"E A DISTANCE OF 31.62 FEET TO A POINT; THENCE N20~O'O4'E A DISTANCE OF 49.83 FEET TO A
POINT; THENCE N56'52'18'E A DISTANCE OF 48.24 FEET TO A POINT ON SAID SOUTHERLY
RIGHT-OF-WAY MNE; ~,'{ENCE S89°59'2.2"E ALONG SAID SOUTHERLY RIGHT-OF-WAY lINE A DISTANCE OF
121.27 FEET TO THE POINT OF BEGINNING.
Geodata Consultants, Inc. Surveying & Mapping
Project No. S05-01
dated February 28, 2001