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499-Pulte Home Partial Assignmeafter recording should be returned to: MARK D. THOMSON, ESQ. Shutts & Bowen LLP 300 S. Orange Avenue, Suite 1000 Orlando, Florida 32801 (407) 423-3200 PARTIAL ASSIGNMENT CLERK'S $ 2005120167 THIS PARTIAL ASSIGNMENT (the "Assignment") is made and entered into this 29th day of' June, 2005, by and between The City of Sanford, Florida (the "City") and Pulte Florae Corporation ("Pulte") and is consented to by Harold G. Harstock, Trustee of Seminole Farms Trust IV ("Flarstock") and Eoghan N. Kelley ("Kelley"). RECITALS: 1. The City, Harstock and Kelley entered into that certain Perpetual Non-exclusive Drainage Easement Agreement dated March 24, 2003, and recorded April 22, 2003, in Official Records Book 4787, Page 1713, Public Records of Seminole County, Florida (the "Easement Agreement"); and 2. Pursuant to the Easement Agreement, Harstock 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 under Section 7 of the Easement Agreement has the right to assign its drainage easement interest provided the City obtains the written consent of Harstock and Kelley, which such consent shall not be unreasonably withheld; and 4. The City desires to partially assign, convey and transfer its rights under the Easement Agreement to Pulte to accommodate the stormwater and surface drainage from Pulte's property more partmularly described on Exhibit "A" attached hereto and incorporated herein by this reference (the "Pulte Property") and the construction of a piping system to service the same, and the parties acknowledge that the post-development peak stormwater discharge rate from the Pulte Property will not exceed the pre-development peak discharge rate from the Pulte Property; into the Easement Area; and 5. Pulte wishes to accept the City's partial assignment of its drainage easement rights under the Easement Agreement, subject to the terms and conditions set forth herein; and 6. Harstock and Kelley have agreed to consent to this Assignment as required under Section 7 of the Easement Agreement. ORLDOCS 10329564 1 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: 1. Recitals. The foregoing recitals are true and correct and expressly incorporated herein by this reference. 2. Partial Assignment. The City hereby partially assigns to Pulte, its drainage easement rights under the Easement Agreement to the extent necessary to accommodate the stormwater and surface drainage from the Pulte Property (the "Pulte Drainage") and the right to construct an underground piping system from the Pulte Property through the Easement Area to efficiently service the Pulte Drainage in accordance with all applicable permits issued by the City and the St. Johns River Water Management District governing the Pulte Property (the "Permits"), which such Permits may be amended from time to time. Pulte hereby accepts such partial assignment, and assumes the obligations of all the terms and conditions provided for in the Easement Agreement, subject to the terms and conditions hereinafter provided. Pulte agrees that the post-development peak discharge rate from the Pulte Property will not exceed the pre- development peak discharge rate from the Pulte Property into the Easement Area. 3. Miscellaneous. a. This Assignment may be executed in counterparts, each of which shall be deemed to be an original and all of which together shall constitute one and the same instrument. b. This Assignment shall be govemed, construed, interpreted and enforced in accordance with the Laws of the State of Florida. c. Pulte shall have the fight to further assign its rights hereunder to any homeowners association and/or condominium association formed for the purpose of maintaining and managing the Pulte Property and the consent of the City, Harstock and Kelley shall not be required for Pulte to assign its rights in accordance with this subsection. d. This Assignment shall be binding upon and inure to the benefit of the City, Pulte, Harstock 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 Assignment, the prevailing party shall be entitled to recover from the non- prevailing party its reasonable attorneys' fees and costs, whether at thai or on appeal, as well as costs incurred in any post judgement proceedings. f. Pulte shall indemnify the City to the same extent as Kelley and Harstock were indemnified by Pulte in that document entitled "Indemnification" and dated June 28, 2005. ORLDOCS 10329564 1 IN WITNESS WltEREOF, the undersigned having the requisite authority to execute this Assignment on behalf of the City and Pulte have caused these presents to be signed and their respective seals to be affixed as of the day and year first above written. Signed, sealed and delivered in the presence off CITY: PrintName: ~g'{tg~t.)O. ~_~. fxA~,-I/xo,W PrintName~%g/~, Z. /k//~d THE CITY OF SANFORD, FLORIDA Print Name: ~..4 ~q el c-~ t4~R~ Title: ~)X c,, ~ o ~ STATE OF FLORIDA COUNTY OF SFM~ItqOL-E g0cxtStA I HEREBY CERTIFY that the foregoing instrument was acknowledged before me this [~/4,x day of c~,c(_¥ , 2005, by /_{4/-o/4 ~,.~q~ , as the r7~ t¢¥ o(C_ , of the City of Sanford, Florida, with all requisite authority to sign on behalf of the City. SHe { 6--~s personally known to me or { } has produced as identification. I ~ ~EBRA C. SIMMONS I Notary Public ~.~} Mycomm. expire~ July 25, 2008 PrintName: -Z)&-~Sfg~q C~ ~/~v,,-vz ..v N0, DD B0ndedtt~ruAsht0nAgeacy3nc.(800)451-4854 Commission No.: -br~ s~o6,~ l My commission expires: v-v/~r~-/o ~ ORLDOCS 10329564 l Signed, sealed and delivered in the presence of: PULTE: PULTE HOME CORPORATION, [ STATE OF FLORIDA COUNTY OF ORANGE I HEREBY CERTIFY that the foregoing instrument was acknowledged before me this ,~ .Z/q~ day of ,J~/~e. , 2005, by ~1~6o1~t7o~/ dr/_ , as the , of Pulte Home Corporation, a Micl'figan corporation with all requisite authority to sign on behalf of the corporation. He {x/~ is personally known to me or { } has produced as identification. / Notary Public Print Name: Commission No. My co~ission expires: ORLDOCS 10329564 I CONSENT The undersigned, as one of the grantors under that above-referenced Easement Agreement, does hereby consent to this Assignment from the City of Sanford, Florida to Pulte Home Corporation, a Michigan corporation. Signed, sealed and delivered ~ · in the presence of: PrintName: '2> elor;4 V'. STATE OF FLORIDA COUNTY OF ~ I HEREBY CERTIFY that the foregoing instrument was acknowledged before me this ~]¢J day of ~-"~n~ ,2005, by Eoghan N. Kelley. He { } is personally known to me or {~} has produced F'/~t. ~r;~r'~' £,~,~,~ as identification· Notary Public Print Name: 2:>EJo,-r.~ Commission No.: My commission expires: ORLDOCS 10329564 1 CONSENT The undersigned, as one of the grantors under that above-referenced Easement Agreement, does hereby consent to this Assignment from the City of Sanford, Florida to Pulte Home Corporation, a Michigan corporation. Signed, sealed and delivered in the presence of: Print Name: STATE OF FLORIDA COUNTY OF I HEREBY CERTIFY that the foregoing instrument was acknowledged before me this ~ ~ ~ day of,_,~-~,~ ,2005, by Harold G. Harstock, as Trustee of Seminole County Trust Farms IV. He { } is personally known to me or {ht}Chas produced fflor-,'a,~ ,T),-;,~e,-~ Z,~,s'e. as indentification. .pr. ~ b~,~ 3q7-~'1-7~t~' Notary Public PrintName: '~e~.,-/x V. Commission No.: My commission expires: /~-~o -~2o~ ~' ORLDOCS 10329564 1 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 run 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 POINT OF BEGINNING; thence run N00°08t45"W along the West line of said South 1/2 for a distance of 659.87 feet to the North line &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 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°53'1 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 beating of S89°53'1 l"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, 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 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'll"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 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 -Nc~rfif line~ for--a-di-stm~ce: of' 1.~8:17' feet' as' measured to the point of-curcature 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 I Road No. 417 as laid out and exists; thence run N88°48'3 l"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 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 of tangency; thence rrm 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 mn 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. ORLDOCS 10329564 I