502-Pulte Home Corp-Wal-MartThis Instrument Prepared By:
Meredith H. Pickens, Esquire
Shutts &Bowen LLP
300 South Orzmge Avenue, Suite 1000
Orlando, Florida 32801
(407) 423-3200
Return instrument to:
Lonnie N. Groot, Esquire
Stenstrom, Mclntosh, Colbert Whigham,
Reischmann & Partlow, P.A.
200 West First Street, Suite 22
Post Office Box 4848
Sanford, Florida 32772-4848
(407) 322-2171
PULTE HOME CORPORATION/CITY OF SANFORD PARTIAL ASSIGNMENT OF
EASEMENT OFFICIAL RECORDS BOOK 5492~ PAGES 633-644
THIS PARTIAL ASSIGNMENT OF EASEMENT ("Assignment"), made this
ay of February, 2005, is by and between PULTE HOME CORPORATION, a Michigan
corporation, whose address is 4901 Vineland Road, Suite 500, Orlando, Florida 32811,
hereinafter referred to as "Assignor", and the CITY OF SANFORD, a political subdivision of the
State of Florida, whose address is 300 North Park Avenue, Sanford, Florida 32771, hereinafter
called the "Assignee":
WITNESSETH:
WHEREAS, on or about September 29, 2004, Wal-Mart Stores East, LP, a
Delaware limited partnership ("Wal-Mart), granted that certain Sewer and Water Easement,
recorded in Official Records Book 5492, Pages 633-644, public records of Seminole County,
Florida (the "Easement"), in favor of Assignor;
WHEREAS, Section 6 of the Easement provides that the Assignor shall have the
right to assign rights granted to it ,under the Easement and the Assignor warrants that it has the
right to assign the Easement as set forth herein; and
WHEREAS, the Easement granted Assignor the right to install, construct, patrol,
repair, replace, remove a sanitary sewer line and water line in, under, and across a portion of
property owned by Wal-Mart described in attached Exhibit "A" (the "Easement Area"); and
WHEREAS, Assignor desires to assign to Assignee a portion of its right, title and
interest in and to the Easement for the maintenance, repair and relocation of the utilities within
the Easement Area.
NOW, THEREFORE, in consideration of Ten Dollars ($10.00) and such other
consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto
hereby agree as follows:
1. Assignor hereby assigns, sets over and transfers unto Assignee, that portion of Assignor's
right, title and interest in, to and under the Easement such that the Assignee shall have the right
ORLDOCS 10297099 I
to install, maintain, repair, replace and remove sanitary sewer and water utilities and related
facilities within the Easement Area, and access rights related thereto.
2. Assignor expressly reserves its rights in the Easement Area to install and construct the
sanitary sewer and water utilities and related facilities. The Assignor shall continue to have the
obligations set forth in Sections 1 through 5 of the Easement. The Assignor shall bear all costs
of relocation of its facilities and the Assignee's facilities should such occur under the provisions
of Section 7 of the Easement. The Assignor agrees that it shall ensure that its facilities do not
conflict with the facilities of the Assignee.
3. This Assignment shall be binding upon and inure to the benefit of the parties hereto and
their respective successors in interest and assigns.
4. This Assignment shall be governed by the laws of the State of Florida.
5. This Assignment may only be modified by a writing signed by the party to be charged
therewith, and may not be modified orally. The Assignee may not modify the Easement without
the approval of the Assignee.
6. The terms of the Easement remain in full force and effect; provided, however that the
relationship of the Assignor and the Assignee shall be determined by, and as set forth in, this
document.
7. The parties recognize that the Assignee is a local government entity subject to the
provisions of Section 768.28, Florida Statutes, and other controlling law and that the Assignee
has not waived, and shall not be deemed to have waived, its protections under the law of
sovereign immunity.
IN WITNESS WHEREOF, the Assignor hereto has duly executed and delivered this
Assignment as of the day and year first above written.
Signed in the presence of
"ASSIGNOR"
(Print name signed above)
(Print n~e signed above)
PULTE HOME CORPORATION, a
Michigan cor~t~ation __
Print'W'ame: bhc o~- c~g(~r-~ ,~ a ~
Title: b~c~ ~ b~e~eb4~F
ORLDOCS 10297099 I
STATE OF FLORIDA )
COUNTY OF 0 t~/kN~ )
The foregoing instrument was acknowledged before me this (~ '/f'q day of
~t/a~'f 2005, b e c '~ ,
of Pulte Home Corporation, a Michigan corporation, who is personally known to me or has t'hw*~*
produced as identification and who did ?-did not take an oath. ' ~ '~ -~:r~-
(Notary Seal)
Notary Signature:
Printed Name:
Notary Commission No.
My Commission Expires:
ORLDOCS 10297099 I
3
SKETCH OF DESCRIPTION
($E£ SHEEr 2 FOR SKETCH)
D£SCRIP770N:
That part of Section 28° Township 19 South, Range 30 East. Seminole Count.v, Florida described cs
follow~
Commence at a 4"x4' concrete monument with a disk stamped PRM 4671 found at the Ssuthwsst
corner of said SecUon 28, sold Southwest comer as described and recorded In Certified Comer Record
f1~065570; thence run NBg'53'11'E along the South line of the Southwest I/4 of sold Section 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 the West line of lands deearlbed as Parcel 1° said Poruel I os
recorded in Official Records Book 3873, Page 1474, of the Publlo Records of Seminole County, Florida;
thence run NOO-08'45~W along the West line of said South 1/2 and the West line of Said Parcel 1, for
· a distance of 504.20 feet to the POINT OF' BEGINNING;, thence, departing said West line of said South
1/2 and maid West line of sold Parcel I, run S59'51'15~W far o distance of 42..50 feet; thence run
NOO'OB'45'W for a distance of 454.28 feet to a non-tangent curve concave Northerl.v having a radius
of 720.00 feet and o chord bearing of N77-02'OT"W; thence run Westerly along the arc of said =urv~
through a central angle sf 08°47'32' for a distance cf 110.419 feet to a non-~angent line; thence run
N17'22'52'E for a distance of 15.00 feet to the Southerl*v right-of-way line cf St. Johns Parkway, a
110 foot wide right-of-way, as recorded in Oftlcidl Records Book 2865, Page 135, of said Public
Records, and tca point on a non-tangent curve concave Northerly hat4ng a radius of ?05.00 feet
and a choncl bearing of S78-0g"27'~ thence run Easterly along the arc of said curve through a
Cenlb'al angle of 11'03'58' for a distance of 135.15 feet to a non-tangent line being distant 12.50
feet Westerly by perpendicular measure from the West line of the Southeast I/4 of the Southwest 1/4
of the aforesaid Section 28; thence run S00'08'45"~ parallel with and dl~ont 12.50 feet Westerly
from sold West line for a distance of 415.38 feeb thence run N89~51'15"E for o distance of 12.50
feet to said West line and the West fins of the aforesaid Parcel 1; thence run S00-08'45"E along said
West line for a dletence of 50.00 feet to the POINT OF BEGINNING.
Containing 0.575 acres more or Ieee and being subject to an.v rights--cf-wa.V, re. frictions end
SURVEYDR'S NOic~.
- Thie is not a Survey,
- Bearings breed on the South line cf the Southwest 1/4 of Section 28, Tewn~hlp 19 South, Range
30 East, Seminole Count.v, Florida, being N89'5~'11~~ an n~umed merld~en.
- Lands shown hereon were not abstracted for rights-of-way, easements, armor.hip or other
in~rumente of record by thio firm.
P~S) P~OEfS)
ASSOCIATES, INC.
ENGINEERS PLANNERS SURVEYORS
2200 PARK AVENUE NORTH. WlNTER PARK. FLORIDA 32789 (407) 6~--~-068
PAUL ~IPAIK A
PREPARED FOR:
PULTE HOME CORP.
REVISIONS:
DATE: DATE: 0~._~.k DWG NO.
EXHIBIT "A"
LOT 42
~WI~ THIRD
PB 1, P~ 86
SKETCH OF DESCRIPTION
(SEE SHEET I FOR DESCRIPTION)
ST JOHNS PARKWAY ~110' WIDE ORB 28~8, PG ~
(S~ ~N'S P~AY - ~T ~ ~E~ ~,)
U~ ~ ~ I/4, SW I/4, ~ ~-19-30
LOT 4;5
~YiTH'$ THIRD SUBDIViSiON
PB 1, P6 B~
POND 2
DRAINAGE EASEMENT ORB 4787, PG 1679
POB
SW 1/4 OF SEC 28-19-30
~ 42.50'
LOT 53 I
SYlTH~; Men "ROAD" (15' ~O~ I
Iffil DONALD W. McINTOSH" PR~AR~ ~R:
ASSOOIA~S, INC. ~ ~0~ ~0~,
ENGINE.S P~NN~S SUR~Y~S
2200 PARK A~UE NOR~, WJN~ PARK, FLORIDA 52789 (~07) 5~406B RE~SIONS:
......... -----'--'