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312-Sanford Property GroupDECLAI~T'rON AND GRANT OF EASEHENT THIS DECI2%RATION AND GRANT OF EASEMENT (hereinafter referred to as the "Easements Agreement"), is made, declared and entered into this ~ day of February, 1992 by and between Sanford Property Group (hereinafter referred to as the "Grantor") and the City of Sanford, Florida (hereinafter referred to as the "City"). W I TNE S SETH: WHEREAS, the Grantor is the owner in fee simple of certain real property located in Seminole County, Florida, on U.S. Highway 17-92 more particularly described on Exhibit "A" annexed hereto and made a part hereof; (hereinafter referred to as the "Grantor's Property"); and WHEREAS, there exists certain other property lying south of and adjacent to Grantor's Property with frontage for access on the same public street (hereinafter referred to as the "Adjacent Owner's Property") (the owner thereof is hereinafter referred to as the "Adjacent Owner") and WHEREAS, Grantor has and will continue to develop Grantor's Property; and WHEREAS, in connection with additional development of Grantor's Property, Grantor desires to continue to enjoy access, ingress and egress between Grantor's Property and U.S. Highway 17-92, a public street; and WHEREAS, the City has agreed to allow Grantor continued access, ingress and egress between U.S. Highway 17-92 and Grantor's Property; and WHEREAS, subject to the terms hereof, Grantor desires by execution hereof to declare and grant a non exclusive access, ingress and egress easement over, across and through a portion of the Grantor's Property described on Exhibit "B" annexed hereto and made a part hereof (said portion of Grantor's Property is hereinafter referred to as the "Access Easement Area") (the $- ~rr'~n~,~ble Tax Pd. A A easement is hereinafter referred to as the "Access Easement") for the joint benefit of the owners and future owners of the Adjacent Owner's Property and the owners and future owners of t~ Grantor's Property and to fa6ilitate necessary and proper acces~!i ingress and egress between the Adjacent Owner's Property a~ Grantor's Property, and U.S Highway 17-92; and ~- WHEREAS, it is Grantor's and the city's intent that t~ granting of the Access Easement shall be contingent upon, a~ effective if and only if, and at such time as, the Adjacent Owner grants to the Grantor an easement for access, ingress and egress over, across and through a portion of the Adjacent Owner's Property which is adjacent to the Grantor's Property (hereinafter referred to as the "Companion Access Easement Area") (the easement is hereinafter referred to as the "Companion Access Easement") for the joint benefit of the owners and future owners of the Adjacent Owner's Property and the owners and future owners of the Grantor's Property and for the purpose of facilitating (together with the Access Easement) necessary and proper access, ingress and egress between U.S. Highway 17-92 and the Grantor's Property and Adjacent Owner's Property. NOW THEREFORE for and in consideration of the premises hereof and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Grantor does hereby grant, declare and state as follows: 1. Recitals. The above set forth recitals are true and correct and are adopted by the parties hereto as if fully set forth hereinbelow. 2. Access Easement. There shall be, and Grantor hereby creates, declares to exist, grants and conveys to the Adjacent Owner a non-exclusive easement (hereinbefore and hereinafter referred to as the "Access Easement") for access, ingress and egress purposes over, across and through the Access Easement Area for the purpose of providing access, ingress and egress between U.S. Highway 17-92 and the Adjacent Owner's Property and the Grantor's Property or any portion(s) thereof, for the benefit of the owners and future owners of the Adjacent Owner's Property and Grantor's Property, their respective successors, assigns, tenants, employees, customers, agents, licensees, invitees and guests; provided, however, that no improvements shall be constructed within the Access Easement Area without the prior written consent of the Grantor, its successors and assigns and, provided further, that the Access Easement shall be contingent upon, and effective if and only if, and at such time as, the Adjacent Owner shall grant, execute and record in the Public 2 Records of Seminole County, Florida, the Companion Access Easement, providing for access, ingress and egress over, across and through the Companion Access Easement Area for the owners and future owners of Grantor's Property and their successor~ assigns, tenants, employee's, customers, agents, licensee invitees and guests, in form reasonably acceptable to the own~ of Grantor's Property. 3. Grantor's Access To U.S. Highway 17-9~. Notwithstanding anything set forth herein to the contrary and a--~ -- of the contingencies set forth hereinabove, the City here~ grants to Grantor, and its successors in title to the Granto~'s Property, the perpetual right of access, ingress and egress between Grantor's Property and U.S. Highway 17-92, together with the right to install, at any time and in Grantor's discretion, and subject to Florida Department of Transportation approval, appropriate curb-cut and other facilities between Grantor's Property and U.S. Highway 17-92 to facilitate such access, ingress and egress rights. 4. Duration. The Access Easement hereby declared, created, granted and conveyed shall be perpetual in duration if and after the same commences as hereinabove set forth and may not be changed, amended or modified except by an instrument in writing executed by the City and all of the owners and mortgagees of the Grantor's Property. 5. Maintenance. It shall be the obligation of Grantor to maintain the Access Easement Area and any improvements located therein and thereon, consistent with the City Code of the City of Sanford, Florida. 6. No Rights In public. Nothing herein shall be deemed to create, grant or convey any rights in or to the Access Easement, or the Access Easement Area in the general public. 7. Covenant Running With The Land. The Access Easement declared, created, granted and conveyed hereby shall run with the land subject to the provisions of this Agreement set forth hereinabove. The conveyance of an interest in the Grantor's Property or any portion thereof, shall be subject to the respective burdens and benefits hereby created to the same extent as if all of the terms of this instrument were set forth in such 3 conveyance in full, with or without specific reference to this Agreement. Signed, sealed and delivered in the presence of: IN WITNESS WHEREOF, Grantor and the City have caused presents to be executed in manner and form sufficient to bin~taD as of the day and year first above written. STATE OF F~IDA COUNTY OF ~~) S PROPERTY OUP Calvin Bel 1 ,~--/As Gene~al~ Partner of The Calina Southern Company, Ltd. , a General Partner .The foregoing instrument was acknowledged before me this ~'~-- day of February, 1992, by Calvin Bell as General Partner of The Calina Southern Company, Ltd., a General Partner of Sanford Properties Group. ,,." .~, ! . ~ , 5~ ':~,'... ... - .. ~, . .%.~.~. : .. ,;,. '... "~,'" zo' .'~ : r STATE OF FLORIDA Notary Public ~' ~...'-.~ ~ ~. ?.~'~ CITY OF SANFORD, FLORIDA Be ty~.S~-ith, Mayor The ~oregoing instrument was ack~ b~fore me this .day of , 1992, by Bet~t~ ~r ~ t~ City of Sanford, Florida. ~A~ ~ ~ORIDA ~e foregoing ~mment was ~~ before me ~is ~ ~ ~, /~ know~ Io me or who has produc~ ' ~//~F~-- ~ ~ · OFFICIAL SEAL as identili~lion and ~o die'eke a~ oath. My Commission Expires Sept. 6, 1993 '*;f~.' Comm. No. ~0 188084 ' ' ....... ~ U- (Signature) Note. Public. Commission No. (SEAL, A.OVE) ~ ~' ~ (Name of Nota~ typed, pfint~ TNIS CERTiFiCATE MUST BE A~ACHED ~tle orTy~ of D~ment ~0/~r~ ~ ~fmn~ ~ TO THE DOCUMENT DESCRIBED AT RIGHT: Number of Pages. ~ Oate of ~ment ~qr~ ~ Signe~s) ~her th~ Nam~ Above ~&;' & 4 EXHIBIT "A" 7 :,.. ~' ., w bNOED FLAT OF DRUTO P,a:,~- · - · o ~,,,~ -, -ages .-', and 6 of the P blic Rec~-;,-- %"~"' ~s recorded im Plat. Boo;: '' ' ' ' - .--,.,~ of oemznol~ County~ thence South 25 declrees ~7' a'~,, ~, ~ o~ way ~ , - ' ~ -es~, //.65 f . of orate Road No. 15 and 6r, O - -- eel., along the East rioht - to the ~orth lime o¢ the South SC.l ¢~:~e~~/ 40' East~ 140 feet· 40; thence North 0 degrees 58 East, 200.4 feet, parallel to said lot the East , e line of ~aid Lot 40, to the South right o~ way o~ Airport Edoulevard, thence East 28~ feet along said might o$ way 0 degrees 58' West, 470.8 feet; thence West 919.17 feet; thence South to the aforesaid East right of way o$ Stmt~ Road No. 15 and 600, thence North 25 degrees 27' 40" East, 159.41 feet to the Point o$ Beginming; Said Parcel 1 Premises are hereby conveyed together with a pmrp~um'~ nonexclusive easememt for ingress amd egress, access, use, and motor v~hicles, over and ac~o~B the Westerly 30 feet o$ the :; following described property: - ~rom the ~or~hwest COrner ox o ~. ~ast, Seminole County, ~lor;d~ecr'°n_.12' Township 20 South. Ran~ oo,,thwest corner o~ tot 4~; .~_~2 thence South ~49.7( ¢e~* · - --, ~,,~.~u~u PLAT O~ P,~;~rr, o~c.~. ..... ~, ~ne~ F'lmf Book 7, Page~ 5 and 6, o~ th~ p · Ru~ thence Nom~ ~= ~ ~ )et 40 beln~ th- ~ ' - t~, 1; ...... ' ...... , oegree$ 47' 00" Fag* 9 ~ : feint of Beginning. 600, to the North line o¢ the South 56.50 feet of the aforesaid Lot a a 40; thence South 89 degrees 40' 00" East, 190.00 feet, along the said North line; thence South 25 degrees 47' 00" West 140.00 feet; thence North 89 degrees 40' 00" West, 190.00 feet, to the aforesaid East right o¢ way of State Road No. 15 and 600; thence North 25 degrees 47' 00" East, 77.65 feet to the Point o¢ Beginning, the Westerly boundary o¢ which shall be adjacent and contiguous to the Easterly boundary o~ U.S. Hwy. 17-92 and the Easterly boundary of which shall be thirty feet East of Said Easterly boundary o¢ U.S. Hwy 17-92. PARCEL 2 From the Northwest corner of Se ' East, Seminole C L, nf~ -. . etlon 1~, Townsh'm ~a~o ~asf right -~ - -~,,, oouth 25 deers== ~, - 'oi ,t of State Road No. 3© West, along Eas~ ut e · ' - , thence run S,~ · - -, 264.5A feet, to a point on lhe South line of the North 1625.55 -u~ ~4 degrees 32' 20" feet, of said Section 12, thence run East along said South line of the North I~25.55 feet, 5~7.31 feet to a point 680 feet West of the East line o¢ the West 149~.6 feet of said Section 12, thence run North degrees 5S' East parallel to the East line of the West 1499.6 ~eet o¢ sa~d Section 1~, 459.75 ¢eet to a point on the South line of the North t165.8 feet of said Section 12, thence run West along said South line Gf the North 1]&5.8 feet of said Section 12, to a point on the East r~qht of way of said State Road No. 15 and 600, thence rum South 25 degrees 27' 40" West~ alongpsaid Bast right of way 12&.~4 feet to the point of Beginning; .. EXHIBIT B LAND DESCRIPTION - CROSS-ACCESS EASEMENT From the Northwest COrner of Section 12, Township 20 South, Range 30 East, Seminole County, Florida, thence South along the We~t line of said Section 12 a distance of 949.70 feet to s. point o~ the East right of way line of State Road No. 15 & 6001 thence S 2~^27,40,. W along said State right of line 304.00 feet to the Point of Beginning; thence continue S 2~^27,40,, W along said State right Of way line 60.00 feet; thence S 64^32,20. E, 60.00 fee~; thence N 25'27'40- E, 60.00 feet; thence N 64'32,20. W, 60.00 feet ~he Point of Beginning. Containing 3,600 square fe~t more m~ EXHIBIT B LAND DESCRIPTION . CROSS-ACCESS EASEMENT From the Northwest corner of Section 12, Townehlp 20 South, Range 30 East, Seminole Count~, Florida, thence South along the We~t line of said Section ~2 a distance of 949.70 feet to a~point on the ~ast right of waF line of State Road No. 15 & §001 thence S 25'27'40.. W along said State righ~ of wa: line 304.00 feet to the Point of Beginningl thence continue S 25^27t40. W along said State r~ght of way l~ne 60.00 feetl thence S 64*32'20., E, 60.00 fee~ thence N 25'27~40- ~, 60.00 feetl thence N 64^31~20. W, 60.00 feet ~¢ ~he ~oin~ of Beginning. Conta~ntng 3,600 square feet more or less.