499-Pulte Home Corporation-AmenThis instrument prepared by and
after recording should be returned to:
MARK D. THOMSON, ESQ.
Shutt~ & Boweu LLP
300 S. Orange Avenue, Suite 1000
Orinndo, Florida 32801
(407') 423-3200
I IIII II III II IIUI III II II II III IIIII I III IIIII I III II NIIIIE
MARYANNE MORSE, CLERK OF CIRCUIT COURT
SEM]NDLE COUNTY
BK 06044 PGS 1030-1040
CLERK'S # 2005217773
RECORDED 12/16/2005 03:29:17 P~
DEED D[II: TAX 0.70
RECORDING FEES 95.00
RECORDED BY G Haploid
FIRST AMENDMENT TO PARTIAL ASSIGNMENT
THIS HRST AiVlENDiVIENT ~0 PARTIAL ASSIGNMENT (this "First
Amendment") is made and entered into this Ic~ · day of ~e. Dltembo' 2005, by and
between The City of San_ford, Florida (the "City") and Puke Home Corporation ("Pulte") and is
consented to by Harold G. Hartsock, Trusteo of Seminole Farms Trust IV ("Hartsock") and
Eoghan N. Kelley ("Kelley").,
RECITALS:
1. The City, Hartsock and Kelley entered into that certain Perpetual Non-exclusive
Draln~ge Easement Agreement dated March 24, 2003, and recorded April 2:2, 2003, in Official
Records Book 4787, Page 1713, Public Records of Seminole County, Florida (the '~Easement
Agreement"); and
2. Purmmnt to the Easement Agreement, Hartsock and Kelley granted a non-
exclusive drainage easement in favor of the City over, under and through the Easement Area, as
defined the Easement Agreement; and
3. The City partially assigned its right under the Easement Agreement to Pulte to
accommodate the stormwater and surface drainage from Pulte's adjacent property pursuant to
that certain Partial Assignment recorded July 19, 2005, in Official Records Book 5814, Page
1738 of the Public Records of Seminole County, Florida (the ''Fartial Assignment"); and
4. The legal description of the Pulte Property as set forth in Exhibit "A" to the
Partial Assi~ment was incorrectly described; and
5. Thc parties hereto desire to amend the Partial Assignment to incorporate the
correct legal description of the Pulte Property as set forth herein; and
6. Hartsock and Kelley have agreed to consent to this First Amendment as required
under Section 7 of the Easement Agreement.
NOW THEREFORE, in consideration of the sum of Ten and No/100 Dollars ($I0.00)
and other good and valuable consideration, the receipt and sufficiency of which is hereby
acknowledged, the parties hereto, intending to be legally bound, do hereby agree as follows:
ORLDOCS 10345005 1
1. Recitals. The foregoing recitals are ~ue and correct and expressly incorporated
herein by tkis rcf~'encc.
2. Legal Descrioflon of Pulte Pr0perW. The legal description of the Puke Property
attached as Bxhibit "A" to tho Partial Assignment is hereby deleted in its antirety and replaced
with Exhibit "A~I" attached hereto.
3. MisceHaneous.
This First Amendment may be executed in counterparts, each of which
shah be deemed to be an original and all of which together shall constitute one and the same
instrument.
b. This First Amendment shall be governed, construed, interpreted end
enforced in accordance with the Laws of the State of Florida.
c. This First Amendment shall bc binding upon and inure to the benefit of
the City, Pulte, Hartsock and Kelley and their respective permitted legal representative,
successors and assigns.
e. In the event litigation arises from the effort of any party to enforce the
provisions of this First Amendment, the prevailing party shall bo entitled to recover l~m the
non-prevailing party its reasonable attorneys' fees and costs, whether at trial or on appeal, as
well as costs incurred in any post judgement proceedings.
f. Except as specifically modified and amended herein, the terms and
conditions of the Partial Assignment shall remain in full force and effect.
IN WITNESS WI~.REOF, the undersigned having the requisite authority to execute
this First Amendment on behalf of the City and Pulte have caused these presents to be signed and
their respective seals to be affixed as of tho day and year first above written.
Signed, sealed and delivered
in the presence off
Print Name~. ~
THE CITY OF SANFORD, FLOI~
P~intName~ ~t~ 6~ ~cC~V~;
Title: ~ ~ ~ ~
J
0KLDOCS 10345005 1
STATE OF FLORIDA
COUNTY OF SEMINOLE
I HEREBY CERTIFY that the foregoing imtmment jwas ~cknowledged before mo this
Iq~'-' day o£"'"'~Ov~,, ,' 2005, by ~,~,Cc ~.j , as the
["%~ ~ r~ ~ , of..~_e.. City of Sanford, Florida, with all requisite authority to sign on
behalf o~' the City..I.I~ is personally known to me or { } has produced
a~ identific afion. ~
Commlss/on No.:
My commission expires:
Signed, sealed and delivered
in the presence of.'
PULTE:
By:
Title: ~//.(
STATE OF FLORIDA
COUNTY OF ORANGE
,~_HEREBY CERTIFY that the foregoing instm~, ent was acknowledged before me this
~-~ ~" day of ~O~*')~E.~.. , 2005, by~0~c~k,d. [~u,~o~ , as the
~P -~ A'tT~er~-~:a~, of Pulte Home C.o. rporation, a~Michigan corporation with all requisite
authority to sign on behalf of the corporation. He ( ~"is personally known to me or { } has
produced as identification.
Notary Public
PfintName: ~l~,x/~ t'~'
CommlssionNo.: />1> g?¢
My commission expires: ~?g~t. { 2.v ~ ¢
OP&DOC$1034500/; 1
CONSENT
The undersigned, as one of the grantors under that abov~referenccd Easement
Agreement, does hereby consent to this First Amendment.
Signed, sealed and delivered
in the presence of.'
STATE OF FLORIDA
/~.,J~I~REBY CE~RTIF ,Y that the foregoing instrument was acknowledged before m.e this
C~\ dayof ~lc_~(Y(. ,2005, byHaroldG. Hartsoek, asTrasteeofSemmole
Trust Farms IV. He {D-~is p'~' ' ersonally known to me or { } has produced
as identification.
Notary Public ~
Print Name:-~:~D~
CommissionNo.: '~3~"~
My commission expires:
10345005 1
CONSENT
The undersigned, as one of the grantors under that above-re£er~ced Basement
Agreement, does hereby consent to this First Amendment.
Signed, sealed and delivered
in the presence of:
PrintName: ~JPrMC~ d.
0 ,
g~nt Name:~_~n~ Xe c~.
STATE OF FL-Ott:It~ /q'or+h ~rc~[~O~
COUNTY OF ~
I I-I~REBY CBRTll~Y that the foregoing instnunent was acknowledged before me this
[qa'~ dayof ~<~mL't~' , 2005, byEoghauN. Kelley. He ~ is personally knowu
to me or { } has produced' as identification.
Notary Publie~ ,
h-i t =ne: .Det>Oco. h
Commission No.:
My com,'~ission expires:
ORLDOCS 1034~005 I
EXHIBIT "A"
PULTE PROPERTY
DESCRIPTION:
That part of Sections 28 and 33, Township 19 South, Range 30 East, Seminole
County, Florida, described as follows:
Commence at the Southwest comer of said Section 28; thence mn N89°53'11"E
along the South line of the Southwest 1/4 of said Section 28 for a distance of
1319.09 feet to the Southwest comer of the South 1/2 of the Southeast 1/4 of the
Southwest 1/4 of said Section 28 and to the PO1NT OF BEGINNING; thence mn
N00°08'45"W along the West line of said South l/2 for a distance of 659.87 feet to
the North line of said South 1/2; thence mn N89°54'38"E along said North line for
a distance of 889.27 feet to the East line of the West 3/4 of said South l/2; thence
mn S00°09'00"E along said East line for a distance of 659.49 feet to the aforesaid
South line of the Southwest 1/4; thence mn N89°53'11 "E along said South line for
a distance of 404.77 feet to a point in the West right-of-way line of Upsala Road
being distant 25.00 feet on a bearing of S89°53'1 I"W from the Southeast comer of
the Southwest 1/4 of said Section 28, said Southeast comer being in accordance
with Certified Comer Record No. 063142; thence mn S00°10'52"E along said
West right-of-way line for a distance of 60.00 feet to the South line of the North 60
feet of the East 1/2 of the Northeast 1/4 of the Northeast 1/4 of the Northwest 1/4
of said Section 33; thence, departing said West right-of-way line, mn S89°53'1 i"W
for a distance of 404.93 feet to the West line of the East 100 feet of the West 3/4 of
the Northeast 1/4 of the Northwest 1/4 of said Section 33; thence mn S00°01'55"E
along said West line for a distance of 335.69 feet to the South line of the South
335.69 feet of the North 395.69 feet of the East 100 feet of the West 3/4 of said
Northeast 1/4 of the Northwest 1/4 of said Section 33; thence mn N89°53'11"E
along said South line for a distance of 100.00 feet to the East line of the West 3/4
of the North 1/2 of the Northeast 1/4 of the Northwest 1/4 of said Section 33;
thence run S00°01'55"E along said East line for a distance of 214.66 feet to the
North line of lands described in Official Records Book 3713, Page 1221, of the
Public Records of Orange County, Florida; thence mn S81°30'56"W along said
North line for a distancc of 158.17 feet as measured to the point of curvature of a
curve concave Northerly having a radius of 5679.65 feet and a chord bearing of
S82°00'0 i"W; thence mn Westerly along said North line and along the arc of said
curve through a central angle of 00°58'10'' for a distance of 96.10 feet to a non-
tangent line, said non-tangent line being in the Northerly right-of-way line of State
ORLDOCS 10329564 1
Road No. 417 as laid out and exists; thence run N88°48'31 "W along said Northerly
right-of-way line for a distance of 271.40 feet to the point of curvature of a curve
concave Northerly having a radius of 1051.92 feet and a chord bearing of
N75°48'46"W; thence mn Westerly along said Northerly right-of-way line and
along the arc of said curve through a central angle of 25°59'31'' for a distance of
477.20 feet to the point of tangency; thence mn N62°49'00"W along said Northerly
right-of-way line for a distance of 13.25 feet to the West line of the North 1/2 of
the Northeast 1/4 of the Northwest 1/4 of said Section 33; thence run N00°25'03"E
along said West line for a distance of 517.46 feet to the POINT OF BEGINNING.
Containing 27.196 acres more or less.
ORi~DOCS 10329564 I
EXHIBIT "A-I"
PULTE REGENCY OAKS
PHASE 1 & 3 BOUNDARY
DESCRIPTION: (Phase 1)
PARCEL 1:
The West 3/4 of the South l/2 of the Southeast 1/4 of the Southwest 1/4 of Section
28, Township 19 South, Range 30 East, and the West 3/4 of the North 1/2 of the
Northeast 1/4 of the Northwest 1/4 of Section 33, Township 19 South, Range 30
East, less Southerly 30 feet for road, and less the East 100.00 feet of the West 1/2
of the Southeast 1/4 of the Southeast 1/4 of the Southwest 1/4 of Section 28,
Township 19 South, Range 30 East, Seminole County, Florida.
AND:
PARCEL 2:
The North 60.00 feet of the East 1/2 of the Northeast 1/4 of the Northeast 1/4 of
the Northwest 1/4 of Section 33, Township 19 South, Range 30 East, Seminole
County, Florida, less the East 25.00 feet for Upsala Road. Said parcel contains
19,792 square feet.
LESS:
The South 335.69 feet of the North 395.69 feet of the East 100.00 feet of the West
3/4 of the Northeast 1/4 of the Northwest 1/4 of Section 33, Township 19 South,
Range 30 East, Seminole County, Florida. Said parcel contains 33,569 square feet.
Less right of way for State Road 417.
Being more particularly described as follows:
That part of Sections 28 and 33, Township 19 South, Range 30 East, Seminole
County, Florida described as follows:
Commence at the Southwest comer of said Section 28; thence run N89°5Yl I"E
along the South line of the Southwest 1/4 of said Section 28 for a distance of
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1319.09 feet to the Southwest comer of the South 1/2 of the Southeast 1/4 of the
Southwest 1/4 of said Section 28 and to the POINT OF BEGINNING; thence run
N00°08'45"W along the West line of said South 1/2 for a distance of 659.87 feet to
the North line of said South 1/2; thence mn N89°54'38"E along said North line for
a distance of 889.27 feet to the East line of the West 3/4 of said South 1/2; thence
run S00°09'00"E along said East line for a distance of 659.49 feet to the aforesaid
South line of the Southwest 1/4; thence run N89°53'1 I"E along said South line for
a distance of 404.77 feet to a point in the West right-of-way line of Upsala Road
being distant 25.00 feet on a bearing of S89°53'1 I"W from the Southeast comer of
the Southwest 1/4 of said Section 28, said Southeast comer being in accordance
with Certified Comer Record No. 063142; thence run S00°10'52"E along said
West right-of-way line for a distance of 60.00 feet to the South line of the North 60
feet of the East 1/2 of the Northeast 1/4 of the Northeast 1/4 of the Northwest 1/4
of said Section 33; thence, departing said West right-of-way line, run S89°53'1 I"W
for a distance of 404.93 feet to the West line of the East 100 feet of the West 3/4 of
the Northeast 1/4 of the Northwest 1/4 of said Section 33; thence run S00°01'55"E
along said West line for a distance of 335.69 feet to the South line of the South
335.69 feet of the North 395.69 feet of the East 100 feet of the West 3/4 of said
Northeast 1/4 of the Northwest 1/4 of said Section 33; thence run N89°53~1 I"E
along said South line for a distance of 100.00 feet to the East line of the West 3/4
of the North 1/2 of the Northeast 1/4 of the Northwest 1/4 of said Section 33;
thence mn S00°01'55"E along said East line ~br a distance of 214.66 feet to the
North line of lands described in Official Records Book 3713, Page 1221, of the
Public Records of Orange County, Florida; thence run S81°30'56"W along said
North line for a distance of 158.18 feet as measured to the point of curvature of a
curve concave Northerly having a radius of 5679.65 feet and a chord bearing of
S82°00'0 I"W; thence run Westerly along said North line and along the arc of said
curve through a central angle of 00°58'10" for a distance of 96.10 feet to a non-
tangent line, said non-tangent line being in the Northerly right-of-way line of State
Road No. 417 as laid out and exists; thence mn N88°48~3 I"W along said Northerly
right-of-way line for a distance of 271.40 feet to the point of curvature of a curve
concave Northerly having a radius of 1051.92 feet and a chord bearing of
N75°48'45"W; thence run Westerly along said Northerly right-of-way line and
along the arc of said curve through a central angle of 25°59'31" for a distance of
477.20 feet to the point oftangency; thence run N62°49'00"W along said Northerly
right-of-way line for a distance of 13.25 feet to the West line of the North 1/2 of
the Northeast 1/4 of the Northwest 1/4 of said Section 33; thence run N00°25'03"E
along said West line for a distance of 517.46 feet to the POINT OF BEGINNING.
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ORLDOCS 10345(t83 t
Containing 27.196 acres more or less and being subject to any rights-of-way,
restrictions and easements of record.
TOGETHER WITH:
DESCRIPTION: (Phase 3)
The East 1/2 of the Southeast 1/4 of the Southeast 1/4 of the Southwest 1/4 of
Section 28, Township 19 South, Range 30 East, Seminole County, Florida, less the
East 25 feet of said East 1/2 tbr Upsala Road, together with the East 100 feet of the
West 1/2 of the Southeast 1/4 of the Southeast 1/4 of the Southwest 1/4 of said
Section 28, described as follows:
Commence at the Southeast comer of the Southwest 1/4 of Section 28, Township
19 South, Range 30 East, Seminole County, Florida, said Southeast comer also
being the North 1/4 comer of Section 33, Township 19 South, Range 30 East, as
documented in Certified Comer Record #063142; thence run S89°53'1 I"W along
the South line of the Southwest 1/4 of said Section 28 for a distance of 25.00 feet
to the West right-of-way line of Upsala Road (variable width right-of-way) and to
the PO1NT OF BEGINNING; thence, departing said South line of said Southwest
1/4, run N00°09'05"W along said West right-of-way line, distant 25 feet Westerly
from and parallel with the East line of said Southwest 1/4, for a distance of 659.32
feet to the North line of the East 1/2 of said Southeast 1/4 of the Southeast 1/4 of
the Southwest l/4 of said Section 28; thence departing said West right-of-way line
run S89°54'38"W along said North line for a distance of 404.76 feet to the West
line of the East 100 feet of the West 1/2 of said Southeast 1/4 of the Southeast 1/4
of the Southwest 1/4 of said Section 28; thence run S00°09'00"E, along said West
line for a distance of 659.49 feet to the aforesaid South line of said Southwest 1/4;
thence run N89°53'1 i"E along said South line for a distance of 404.77 feet to the
POINT OF BEGINNING.
Containing 6.127 acres more or less and being subject to any rights-of-way,
restrictions and easements of record.
Phases 1 and 3 parcels altogether containing 33.323 acres more or less.
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