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487-Thomas Ratliff, Jr. MARYANf'~ r-~ORSE CLERK OF CIRCUIT COURT 675798 SEHINOLE COUNTY. FL RECORDED & VERIFIED OI APR -9 PM I: 55 This instrument prepared by and after recording return to: Robert M. Poppell, Esquire Akerman, Senterfitt & Eidson, P.A. 255 South Orange Avenue, Suite 1700 Orlando, Florida 32801 ....................................... [SPACE ABOVE THIS LINE FOR RECORDING DATA] ................................... THIS EASEMENT INSTRUMENT HAS BEEN EXECUTED AND DELIVERED UNDER THREAT OF CONDEMNATION AND/OR 1N 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 COUNTY, 620 So.2d 991 (Fla. 1993). GRANT OF EASEMENT THIS INDENTURE, made this ,~ay of //~(~,(~ ,A.D. 2001, between THOMAS RATLIFF, JR., whose physical address is 2437 S. Myrtle Avenue, Sanford, Florida 32771 ("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 C001 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 OR375083;I 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 orrelocation shall not unnecessarily impede the drainage of the Oregon/Hughy Stormwater or otherwise unnecessarily interfere witl~ Grantee's use of the Easement Property. Also, the Grantor shall pay the full cost of th~.,.~ reconfiguration, including any costs for modification required off-site. In furtherance of th~ 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 thist- 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 exercise 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 OR375083;1 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 lienr~ · amount and including all reasonable costs and expenses incurred by the Grantor in connect~on~ therewith, including attorneys', paralegal's and other professional's fees. 6. Captions and Applicable Law. The paragraph and subparagraph captions includecIh herein are for reference only and shall not amend, modify or be used to interpret or construe thee- 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. Enforcement 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 of its 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 enforce 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. OR375083;I 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: "GRANTOR" Name: Thomas Ratliff, J~. STATE OF FLORIDA r-- COUNTY OF / '~ , Thee, foreg~ng, instrum~ent, was acknowledged bef. gre me this ~9~ay of /~/~/~c"'/t~ ,~ 2001, oy lnomas tqatliff, Jr. aaia person (check one) Ifa'is personally known to me or [] produced as identification. PNrio~ryN aFI~~~ Commission No.: My Commission Expir~s~,,~Y~% OR375083;1 4 EXHIBIT "/~" Parcel 105B ALL THAT 'rEACT OR PARCEL OF LAND LYING IN A PORTION OF $EC~ON ~, TOWN~HIP 19 SOUTH, RANGE 50 EAST, SE~INOI..~ COUNTY, FLORIDA, BEING A PORTION OF THAT PARCEL DF. SC~BED IN OFRGIAL RECORDS BOOK 1272, PAGE 277, OF THE PUBUC RECORDS OF S~MINOLE COUNTY, FLORIDA HEREIN Ar REFERRED TO AS THE PARENT TRACT, AND BE]NO MORE: PARTICULARLY DESCRIBED AS FOLLOWS: COIdI4ENC~NG AT TH£ ~e.b~ QUAR1ER CORNER OF SECTION 53, TO~ISHIP 19 SOUTI-I, RANGE 50 EAST; THENCE S89~36'29'E ALONG THE NORTH UNE OF THE SOUTH1NEST 1/40F SAID SEC11ON ,33, A DiSTANCE OF 120.29 FEET TO A POINT; THENCE SO0'O0'O0'W A DISTANCE OF ~0.00 rr.~l TO A POINT GN THE PROPOSED SOUTHERLY RIGHT-OF-WAY UNE OF HUGHY STREET, AND ~HE POINT OF BEGINNING; THENCE S89~56°29"E: ALONG SAID PROPOSED RIGHT-OF-WAY ENE A DISTANCE OF 258.79 rr.r.K THENCE S88' 0~'25'E. ALONG SAID PROPOSED RIGHT-OF-WAY LINE, A DISTANCE: OF 90.55 P~J=i TO A POINT; THENCE SOOqS'54'W A DISTANCE OF 3~16 P~ TO A POINT; THENCE N89~2'11'W A DISTANCE OF 116.17 P~J=l TO A POINT; THENCE N56qg'47'W A DISTANCE OF 12.27 e~.~ TO A POINT; THENCE N88'I6'55'W A DISTANCE 98.4~ r~l TO A POINT; THENCE S.~2'24'sg'w A DISTANCE OF 16.29 F~-t' TO A POINT; THENCE NgO~O'OO"W A DISTANCE OF 21.76 rr.~l' TO A POINT; THENCE N58'42'la,'W A DISTANCE OF 41.66 P~.~l' TO A POINT; THENCE S68'19'40'W A DISTANCE OF 41.25 er.~ TO A POINT; THENCE N90'. O0'O0"W A DISTANCE OF 19.91 rr.r.i' TO A POINT; TI-IENCE NOO'OO'OO"W A DISTANCE OF 58.82 ~-rd:.~ TO A POINT ON THE SND PROPOSED RIGHT-OF-WAY UNE, AND 'IH£ POINT OF BEGINNING. and Parcel 105C ALL THAT ~RACT OR PARCEL OF LAND LYING IN A PORTION OF SECliONS 52 & ~3. TOWNSHIP 19 SOUTH, RANGE ~0 EAST, SEMINOLE COUNTY, FLORIDA, BEING A PORTION OF THAT PARCE~ DESCRIBED IN OFFIQAL RECORDS BOOK 1272. PAGE 277, OF THE PUBUC RECORDS OF SEMINOLE COUNTY, FLORIDA HEWN Ar R~t~RED TO AS THE PARENT ~RACT, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOW~ COIdblENOING AT THE EST QUARTER CORNER OF SECTION 53. TOWNSHIP 19 SOUTH, RANGE 30 EAST; THENCE S89'56'29"£ ALONG THE NORTH UNE OF "file SOUTHt~E;ST I/4 OF SAID SEC'IION ,~5, A DISTANCE OF 52.82 r/:~.t TO A POINT; THENCE S00'03'51"W A DISTANCE OF 50.00 rr..t.i TO A POINT ON THE SOUTHERLY pROPOSED RIGHT-OF-WAY UNE OF HUGHY STREET AND THE POINT OF BEGINNING; THENCE S50'30'18'/ A DISTANCE OF 21.3~ rrd~' TO A POINT; THENCE SOO'OO'OO'E A DISTANCE OF 44.60 FEET TO A POINT; THENCE SgO'O0*O0'W A DISTANCE OF 56.91 r~.l TO A POINT; THENCE N65'58°57'W A DISTANCE OF 51.81 P~'T TO A POINT; THENCE S85'57',54'W A DISTANCE OF 58.43 FEET TO A POINT; THENCE N85'OS'O6'W A DISTANCE OF 2.32.57 rt~l TO A POINT; THENCE NOO'OO'OO'E A DISTANCE OF 19.95 rt~-~ TO A POINT ON SAID PROPOSi;D SOUTHERLY RIGHT-OF-WAY UNE; THENCE Nsg'59'22'W ALONG SAID PROPOS~ RIGHT--OF-WAY LINE A DISTANCE OF 304.22 rt~.l TO A POINT; THENCE SSg' 56'29'E, ALONG SAID RIGHT-OF-WAY UNE, A DISTANCE OF 52.81 F~.~.l TO THE POINT OF BEGINNING. Geodata Consultants, [nc. Surveying & Mapping Project No. S05-1 dated February 28, 2001 ' RetumTo: Absolute Title Agency 359EW. Lake Mary Blvd., Suite Lake Map/, Florida 32746 This instrument prepared by and after recording return to: Robert M. Poppell, Esquire Akerman, Senterfitt & Eidson, P.A. 255 South Orange Avenue, Suite 1700 Orlando, Florida 32801 MARYANNF H 0 P' .S~Eu _ - CLE~RK OF CIRCUIT 6'78 89 SEMINOLE COUNTY, FL RECOR',]EO & VERIFiE~ OI/~PRI6 PH2:31 $ Intangible Tax P~ Coun~Maryanne~: Morse, ~emlno~~ ....................................... [SPACE ABOVE THIS LINE FOR RECORDING DATA] ................................... THIS EASEMENT INSTRUMENT HAS BEEN EXECU~IED 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 RULE S 12B-4.013 (4) AND 12B-4.014(14), F.A.C.; AND SEE, FLORIDA DEPARTMENT OF REVENUE v. ORANGE COUNTY, 620 So.2d 991 (Fla. 1993). O'al THIS INSTRUMENT IS BEING RECORDED TO CORRECT A TYPOGRAPHICAL ERROR IN THE LEGAL DESCRIPTION IN THE GRANT OF EASEMENT FROM GRANTOR TO GRANTEE DATED MARCH 23, 2001, RECORDED APRIL 9, 2001, PUBLIC RECORDS OF SEMINOLE COUNTY, FLORIDA, OFFICIAL RECORDS BOOK 4046, PAGE 1122. CORRECTIVE GRANT OF EASEMENT THIS INDENTURE, made this 13th day of April , A.D. 200l, between THOMAS RATLIFF, JR., whose physical address is 2437 S. Myrtle Avenue, Sanford, Florida 32771 ("Grantor"), and CITY OF SANFORD, FLORIDA, a municipal corporation, whose physical address is 300 North Park Avenue, Sanford, Florida 32771 ("Grantee"); WlTNESSETH, 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. OR383658;1 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 1 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 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 adiacent 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 the joinder 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 OR383658;t 2 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 exercise 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 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 connection therewith, including attorneys', paralegal's and other professional's fees. 6. Captions and Applicable La~v. 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. Le~at 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, enforcement 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. OR383655;I 3 8. Enforcement 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 of its 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 enforce 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. 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: s . Newlon P~ntName: Ja~e R. Newlon "GRANTOR" Name: Thomas Ratliff, Jr. 2437 Myrtle Avenue South Sanford, FL 32771 r ~ STATE OF FLORIDA COUNTY OF SEMINOLE JAMES H NEWLON I eNo CC 739959 The foregoing instrnment xvas acknowledged bef~e me thisl3th day of ~.Ap.x.M~ ., 2001, by Thomas Ratliff, Jr. Said person (check one) [i3qs personally known to me or [] produced as identification. Commission No.: My Commission Expires: OR383658;I 4 Parcel 105B EXHIBIT "A" ALL THAT 1RACT OR PARCEL OF LAND LYING IN A PORTION OF SECTION ~, TOt/~ISHIP 19 SOUTIfl, RANGE .30 EAST, SEMINOLE COUNTY, FLORIDA, BEING A PORTION OF THAT PARCEL DESCRIBED IN (:~'F1OIAL RECORDS BOOK 1272. PAGE: 277, OF THE PUBEC RECORDS OF SEMINOLE COUNTY, FLORIDA HEREIN AFTER REFERRED TO AS THE PARENT TRACT, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: coMMENCING AT THE WEST QUARIP-K cORNER OF SECTION 35, TOWNSHIP 19 SOUTH, RANGE 50' EAST; THENCE S89~6'29"E ALONG THE NORTH MNE OF THE SOUTH¥1EST 1/4 OF SAID SECTION 53, A DISTANCE OF 120.29 FEET TO A POINT; THENCE SO0~)O'O0'W A DISTANCE OF ~0.00 ~t.t.I TO A POINT ON THE PROPOSED SOUTHERLY RIGHT-OF-WAY UNE OF NUGHY STREET, AND THE POINT OF BEGINNING; THENCE S89~6'29"E ALONG SAID PROPOSED RIGHT-OF-WAY ENE A DISTANCE OF 258.79 ~t~l'; THENCE S88' 05'23'E, ALONG SAID PROPOSED RIGHT-OF-WAY ENE, A DISTANCE OF 90.55 FEET TO A POINT; THENCE S00'15'34'W A DISTANCE OF ~8.16 ~t.~'l TO A POINT; THENCE N89"52'11'W A DISTANCE OF 116.17 FEET TO A POINT; THENCE N56'19°47"W A DISTANCE OF 12.27 ['t_t.¥ TO A POINT; THENCE N88'I6°53'W A ~ DISTANCE 98.43 ~t.~ TO A POINT; THENCE S32'24'39'W A DISTANCE OF 16.29 ~t.~ TO A POINT; -- '~o_ THENCE Ngo=o'OO'W A OISTANCE OF 21.78 TO A POINT; THENCE N '4 14'W ^ DISTANCE OF $cn 41.66 FEET TO A POINT; THENCE S68'19'40"W A DISTANCE OF 41.25 FEET TO A POINT; THENCE Ngo'~ ~' ~ O0'O0"W A DISTANCE OF lg.91 FEET TO A POINT; THENCE NOO~O'OO"W A DISTANCE OF .38.82 FEET TO~ r- POINT ON THE SAID PROPOSED RIGHT-OF-WAY UNE, AND THE POINT OF BEGINNING. ~ ~ Parcel 105C ALL THAT TRACT OR PARCEL OF LAND LYING IN A PORTION OF SECTIONS .32 & 33, TOWNSHIP lg SOUTH, RANGE 50 EAST, SEMINOLE COUNTY, FLORIDA, BEING A PORTION OF THAT PARCEL DESCRIBED IN OFFICIAL RECORDS BOOK 1272, PAGE 277, OF THE PUBUC RECORDS OF SEMINOLE COUNTY, FLORIDA HEREIN AFTER REFERRED TO AS THE PARENT TRACT, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE WEST QUAR~-~ CORNER OF SEC~ON 33. TOWNSHIP 19 SOUTH. RANGE 30 EAST; THENCE S89~6'29'E ALONG THE NORTH LINE OF THE SOUTHWEST 1/4 OF SAID SECTION 33, A DISTANCE OF 52.82 FEET TO A POINT; ~HENCE S00~3'31"W A DISTANCE OF 30.00 FEET TO A POINT ON THE SOUTHERLY PROPOSED RIGHT-OF-WAY LINE OF HUGHY STREET AND THE POINT OF BEGINNING; THENCE S50'30'18'E A DISTANCE OF 21.33 FEET TO A POINT; THENCE SO0~:)O°O0'E A DISTANCE OF 44.60 ~J:T TO A POINT; THENCE S90~30'00'W A DISTANCE OF 36.91 FEET TO A POINT; THENCE N63'58'57'W A DISTANCE OF 51.81 FEET TO A POINT; THENCE S85'ST54'W A DISTANCE OF 58.43 FEET TO A POINT; THENCE N85'O8'O6"W A DISTANCE OF 232.57 FEET TO A POINT; THENCE NOO~30°OO'E A DISTANCE OF 19.93 FEET TO A POINT ON SAID PROPOSED SOUTHERLY RIGHT-OF-WAY UNE; ~-IENCE S89~9'22'E ALONG SAID PROPOSED RIGHT-OF-WAY UNE A DISTANCE OF 304.22 FEET TO A POINT; THENCE S89° 56'29"E, ALONG SAID EIGHT-OF-WAY UNE, A DISTANCE OF 52.81 FEET TO THE POINT OF BEGINNING. Geodata Consultants, Inc. Surveying & Mapping Project No. S05-01 dated February 28, 2001 15ARCEIL No.: 105C $CR'RJ3ULE #A' PURPOSE: DRAINAGE EASEMENT ~O~ DESC~ON ~ ~AT ~ACT OR PARCEL OF ~ND L~NG IN A POR~ OF SECt. S 32 · 33, TO~IP 19 SOU~, RAN~ 30 ~ST, SEMINO~ COUNt, ~ORIDA, BEING A POR~ON OF ~AT PARCEL DESCRIBED IN O~ClAL REC~DS BOOK 1272, PA~ 277, ~ ~E PUBMC RECORDS OF ~MINO~ COUNt, ~IDA H~GN ~R R~RRED TO AS ~E PARENT ~ACT, AND BEING MORE PAR~CU~LY DES~IBED AS FO~O~: COMMEN~NG AT ~E ~ST QUAR~R CORNER OF SEC~ 33, TO.SHIP 19 S~, RANGE 30 E~T; ~ENCE S89'56'29'E AL~G ~E NOR~ ENE OF ~E SOU~ST 1/4 OF SAID SEC~ 53. A DIST~CE OF 52.82 ~ET TO A POINT; ~ENCE S00~3'31"W A DISTANCE OF 30.00 ~ET TO A P~NT ON SOU~ERLY PROPOS~ RIGHT-OF-WAY UNE OF HU~Y S~T AND ~E POINT OF BEGINNING; ~ENCE S50'30'18'E A DISTANCE OF 21.53 ~T TO A P~NT; ~ENCE SO0~'~"E A DISTANCE OF ~.60 ~ET TO A POINT; ~CE S90~O'O0'W A DISTANCE OF 36,91 ~ET TO A POINT; ~ENCE N63~8'57'W A DISTANCE OF 51.81 ~ET TO A P~NT; ~ENCE S85~7'54'W A DISTANCE ~ 58.~ ~ET TO A P~NT; ~CE N85~8'O6'W A DISTANCE OF 232.57 ~ET TO A POINT; ~EN~ NOO~O'OO"E A 19.g3 ~ET TO A POINT ~ SAID PR~OSED S~ERLY RIGHT-OF-WAY UNE; ~ENC~ AL~N~ SAID PROPOSED RIGHT-OF-WAY UNE A DISTAN~ OF 504.~ ~ TO A P~N~CE 56 29 E, ALONG SND RIGHT-OF-WAY MNE, A DIST~CE OF 52.81 ~ET TO CONTAINING 13,305 S~E ~ET MORE ~ ~. 1. mE PU~ ~ mis ~E~ tS TO DmNEA~ mE ~S~IP~ A~A~m H~Em. mis D~S NOT ~T A ~ND~Y PA~ 1 ~ 2 Date: F~orv 28. 2~1 Pro.ct No.: $9~-01 O~GON A~ SF~L"H OF DESCBJ2~ON ~ NOT A BOUNDARY SURVEY I ' OREGON AVENUE SCALE: 1" = 60' I . ~ I::l:i PARCEL No.: 105C I _ zc c~ PURPOSE: DRAINAGE EASEMENT , ~ II PROPOSED R/W LINE = ~ ~ - II LiNE TABLE E m ~ ~ ~ mil LINE LENG'TH J BEARING ~ ~ L~ 44.80 SOO'~O'~"E c,~ J ~o ~.~ L4 36.~1J 590'00'00"~ I~z PUBUC SCHOI:X.S I~_p. = ~ I II/--POINT OF COMMENC~liENT __ N- TOWNSHIP 19 SOU3]-I, RANGE 50 EAST __.___! SEC1]ON 32, TOWNSHIP 19 SOU,-i, RANGE .30 EAST ..... ~ SEC~ON 35, TOWNSHIP 19 SOU3~I, RANGE 50 EAST · ~. ~ 'J ,./r~ P.O.B. POINT OF BEGINNING ,C' ii u R/W .,GNT-OF-WA¥ /J omOI RECORDS TAX PARCEL 20 P.O,B, I ORB OWNER: THOMAS RATUFF I & MARY RATLIFF J ~ ~ PG PAGE j I PARCEL 106A ~ PAGE 2 OF Project No.~ S05-01 -//-~/ ~o/c~ (~o?) ~o-as~ Drown: CLL Chkd.: H~=¥ & =^~ ~.~ ~ UNE TABLE UNE LENGTH BEARING L1 ~0.001 S00'03';~1 'W L2 21.331 SSO'30'18'E L3 .44-.60 SO0~O0"E L4 36.9~ S90'00'00'~ L5 51.8' L? 1;.~ NO0'O0'O0';