355-Seminoel Investors767090
RECORDI:.U & V[RII'II:U
OCT31 PR 2:33
STATE OF FLORIDA )
) SS:
COUNTY OF SEMINOLE )
EA,~EMENT
AGREEMENT r-/0 ~
(RECLAIMEI) WATER) Documentary Tax Pd. $ ~
$ _-I~tangible Tax Pd.
KNOW ALL MEN BY THESE PRESENTS:
That SEMINOLE INVESTORS, a Florida General Partnership, and SEMINOLE TOWNI~
CENTER LIMITED PARTNERSHIP, an Indiana limited partnership (hereinafter collectivel~
called "Grantor"), for and in consideration of the sum of One Dollar ($1.00) and other'
considerations paid by The City of Sanford, Florida, a Florida municipal corporation (hereinafter
called "Grantee"), the receipt of which is hereby acknowledged, does hereby grant unto said
Grantee, its successors and assigns, a subsurface easement to operate, maintain and repair a
reclaimed water line or lines with appurtenances thereto, being hereinafter sometimes collectively
called "facilities", under and through the property (the "Easement" Area) located in the County of
Seminole, Florida, and more particularly described and shown on Exhibit "A" attached hereto and
made a part hereof, for the sole purposes of maintaining, operating, inspecting, altering, replacing
and removing subsurface pipes, lines, conduits, meters and appurtenances for the provision of
reclaimed water utility services.
Grantee shall have the right to excavate and perform necessary work upon the surface of
the Easement Area as and when required to repair, replace, remove and relocate such pipes, lines,
conduits, meters and appurtenances (except that such excavation and work shall be performed so
as not to unreasonably interfere with the use and enjoyment of the surface of the Easement Area
by Grantor, its successors, assigns, tenants, subtenants and invitees). Grantee shall not erect,
install or maintain any structures or improvements on the surface of the Easement Area described
above, except that Grantee may install, operate and maintain such fixtures and equipment on the
surface of the Easement Area as may be necessary to provide utility services, provided that any
such surface fixtures and equipment shall be installed and maintained on the Easement Area only
at such locations and in such a manner as not to unreasonably interfere with the use and enjoyment
of the surface of the Easement Area by Grantor and its successors, assigns, tenants, subtenants and
invitees.
Except as modified herein, this grant shall carry with it the right of ingress and egress to
and from the Easement Area at all reasonable times with the right to use existing roads for the
purpose of operating, inspecting, repairing and maintaining the facilities, and the removal or
replacement of the facilities either in whole or in part. Grantee may use such portion of the
property along and adjacent to said Easement Area as may be reasonably necessary in connection
with the maintenance, repair, removal or replacement of the facilities.
After construction and installation, Grantee shall maintain, repair and replace such
reclaimed water line or lines, meters and appurtenances as and when necessary, at Grantee's
expense.
8/29195:0712-O02.RAF
Grantor hereby reserves and shall have the right to landscape or to pave the Easement Area
with asphaltic or other paving material and to use the same as a driveway, an automobile parking
area, sidewalk or for any other use or purpose which is not inconsistent with Grantee's rights
hereunder, provided that Grantor shall not, without the prior written consent of Grantee, erect ~
permanent buildings or structures upon the surface of the Easement Area. The Grantor hereff~/
further reserves the right to grant easements to other utilities or services, and to tenants or ownem
of portions of the shopping center, which easements may traverse, intersect, transect or otherw~
lie within or beneath the surface of the Easement area. Any such subsequent easements traversing,
intersecting, transecting or otherwise lying within or beneath the surface of the Easement area,
shall not materially interfere with the continuing use of the easement granted hereunder.
If the surface of the Easement Area is disturbed by Grantee at any time and from time to
time by the repair, maintenance, removal, replacement or other work in connection with said
facilities, Grantee, at its sole cost and expense, shall repair and restore the surface of the Easement
Area to the same condition which existed immediately prior to any such disturbance, including,
without limitation, any and all necessary repairs and replacement of any pavement or landscaping
which may be removed and excavated by Grantee in the course of doing any such work within the
Easement Area.
Any work done by Grantee upon or within the Easement Area at any time and from time
to time shall be done at such time and in such a manner as will cause a minimum of interference
with the business being conducted by Grantor in the shopping center upon its land surrounding and
adjoining the Easement Area, but nothing herein contained shall prevent or prohibit the Grantee
from performing any of its work during normal and customary daylight business hours. Except
in the instance of work required for an emergency, Grantee shall give Grantor prior written notice
at least twenty-four (24) hours in advance of performing any such work.
The Grantee shall, at the request of Grantor, at any time, remove its lines, appurtenances
and other facilities from the Easement Area, and release and quitclaim this Easement to Grantor,
provided that Grantor furnishes the Grantee an equivalent easement on the same terms as herein
at another suitable location on Grantor's lands, and provided further that such relocation of the
facilities shall be at the sole cost and expense of the Grantor.
TO HAVE AND TO HOLD the above described rights and easement, unto the said
Grantee, its successors and assigns forever, and each Grantor hereby binds itself, its successors
and assigns, to warrant and forever defend the Easement Area unto Grantee, its successors and
assigns, against every person whomsoever lawfully claiming or to claim the same or any party
thereof, subject to deeds of trust, liens, leases, restrictions, conditions, easements, rights-of-way
and other matters of record.
Should Grantee abandon the facilities and Easement, then all of the easements granted
hereunder shall lapse and revert to Grantor, its successors and assigns. Such abandonment shall
be conclusively presumed following non-nsc by Grantee for six (6) months and with use not being
8/29/95:0712q)02.RAF 2
resumed within sixty days following receipt of written notice of abandonment (certified mail
return receipt requested to the address listed above) from Grantor to Grantee, and on such
abandonment, Grantee will then execute any and all necessary documents to evidence such
abandonment. If Grantee fails to execute such documents within ten (10) days after receipt,
Grantor is hereby authorized, as Grantee's attorney in fact, to execute all such documents on ,o
behalf of Grantor.
It is agreed that this grant covers all of the agreements between the parties and that no
representations or statements, verbal or written, have been made modifying, adding to, or
c~ CD ¢
changing the terms of this Easement Agreement.
[End of Page 3]
8/29/95:0712~Y2.RAF 3
EXECUTED this Ot~ day of~0rt~6; , 1995, as to that portion of the Easement
Area located on a portion of Tracts 20, 21 and 22, Seminole Towne Center Replat No. 2,
according to the Plat thereof as recorded in Plat Book 49, Pages 27 through 29 of the Public
Records of Seminole County, Florida by:.
SEMINOLE INVESTORS, a Florida general partnership
By:
SEM-TRS PERIPHERAL LIMITED
PARTNERSHIP, an Indiana limited partnership,
General Parmer
By:
SIMON PROPERTY GROUP, L.P.,
Delaware limited partnership, d/b/a Simo~
Property Group, Limited Partnership{.~
General Parmer
By:S ONPROPER [RO P,*C.,
a Maryland corp~r~ on, its General
Panner / /
By:
SIGNEDX,, SEALED AND DELIVERED
IN THE PP~SENCE OF:
Printed Name of Witness One
Printed Name of Witness Two
DAVID SIMON
PRESIDENT,
STATE OF INDIANA )
)
COUNTY OF MARION )
SS:
My Commission Expires:
-
This instrument was acknowledged before me on the,lq day of /~ , 19 _9~,, by 6Aa~(5
~.~ ,~as -~ of SIMON PROPERTY GROUP, INC., a Maryland corporation, the
General Partner of SIMON PROPERTY GROUP, L.P., a Delaware limited partnership, the
General Partner of SEM-TRS PERIPHERAL LIMITED PARTNERSHIP, an Indiana limited
partnership, the General Partner of SEMINOLE INVESTORS, a Florida General Partner~lxi!~and'
the within Grantor. '
i' ~ ~"'" '"": '
L) tX : -'
Name: ~ "' '" ..' x'
Notary Public, Kathleen A. Ray, Notary Pu~.lic ~..,"
State of Indiana ~y Commissioa Expiros _~t~?x.! ~'~
Resident of MariOn County, Indiana
8129195:07124)02.RAF 4
EXECUTED this ~ day of L~r~_ , 1995, as to that portion of the Easement
Area located on a portion of Tract 1, Seminole Towne Center Replat, according to the Plat thereof
as recorded in Plat Book 47, Pages 8 through 10 of the Public Records of Seminole County,
Florida by:.
SEMINOLE TOWNE CENTER LIMITED
PARTNERSHIP, an Indiana limited partnership
By:
SIGNEI~ SEALED AND DELIVERED
IN THE BRE~NC~E OF:
Printed Name of Witness One
Printed Name of Witness Two
SIMON PROPERTY GROUP, L.P., a Delaware~
limited partnership, d/b/a Simon Property Group,_~_
Limited Partnership, General P/~
By: SIMON PROPERT. Y I/~ROtU~, INC.,
Maryland ~1 Parmer
By: (j/
DAVID SIMON
PRESIDENT
STATE OF INDIANA )
)
COUNTY OF MARION )
SS:
This instrument was acknowledged before me on the D~ day of ,4ab , 199_~-, by ~b/t0m
5~3, as ~of SIMON PROPERTY GROUP, INC., a Maryland corporation, ther
General Partner of SIMON PROPERTY GROUP, L.P., a Delaware limited partners.l~p.~,he
General Partner of SEMINOLE TOWNE CENTER LIMITED PARTNERSHIP afl.{ndiana~ '
limited partnership and the within Grantor. "'":,~'~' ........ "'
Name: % ~ -. ~ ;" -~
Notary Public, Kathloon A. Ray, ~ ~ 2,.,."
State of Indiana ~ ~ U~on Count, ~
My Commission Expires:
This Document Prepared Outside
the State of Florida By:
Ris6 A. Friedman, Esq.
P.O. Box 7033
Indianapolis, Indiana 46207
After Recording, Return To:
Simon Property Group
P.O. Box 7033
Indianapolis, Indiana 46207
Attention: Rise' A. Friedman
8129195:0712-O02.RAF 5
UTILITY EASEMENT
LEGAL DESCRIPTION
A STRIP OF LAND IJEING A PORTION OF TRACTS 20, 21, AND 22, SEMINOLE TOWNE CENTER
REPLAT NO. 2, ACCORDING TO PLAT BOOK 49, PAGES 27 THROUGH 29, AND A PORTION OF
TRACT 1, SEMINOLE TOWNE CENTER REPLAT, ACCORDING TO THE PLAT THEREOF AS
RECORDED IN PLAT BOOK 47, PAGES 8 THROUGH 10 OF THE PUBLIC RECORDS OF SEMINOLE
COUNTY, FLORIDA, DESCRIBED AS FOLLOWS:
COMMENCE AT THE NORTHEAST CORNER OF SAID TRACT 22 FOR A POINT OF
REFERENCE, SAID POINT LIES ON A NON-TANGENT CURVE CONCAVE EASTERLY;
THENCE RUN SOUTHERLY, ALONG THE EAST LINE OF SAID TRACT 22 AND
SAID CURVE, HAVING A RADIUS LENGTH OF 1062.00 FEET, A CENTRAL ANGLE
OF 02001'25% AN ARC LENGTH OF 37.51 FEET, A CHORD LENGTH OF 37.51
FEET, AND A CHORD BEARING OF SOUTH 01 °00'01" WEST TO THE POINT OF
BEGINNING; THENCE CONTINUE SOUTHERLY, ALONG SAID EAST LINE AND SAID
CURVE HAVING A RADIUS LENGTH OF 1062.00 FEET, A CENTRAL ANGLE OF
00°24'15", AN ARC LENGTH OF 7.49 FEET, A CHORD LENGTH OF 7.49 FEET,
AND A CFIORD SEARING OF SOUTH 00°12'50" EAST; THENCE RUN SOUTH
46~25'56" EAST , ALONG SAID EAST LINE, 10.85 FEET; THENCE DEPARTING
SAID EAST LINE RUN SOUTH 89047'35" WEST, 500.55 FEET; THENCE RUN
NORTH 74012'56" WEST, 46.56 FEET; THENCE RUN NORTH 56°16'14' WEST,
80.82 FEET; THENCE RUN NORTH 12052'06" WEST, 62.73 FEET; THENCE RUN
NORTH 77o07'54" EAST, 15.00 FEET; THENCE RUN SOUTH 12°52'06' EAST,
56.76 FEET; THENCE RUN SOUTH 56°16'14" EAST, 72.48 FEET; THENCE RUN
SOUTH 74012'56" EAST, 42.08 FEEl'; THENCE RUN NORTH 89°47'35" EAST,
490.61 FEET TO THE POINT OF BEGINNING.
THE ABOVE DESCRIBED STRIP OF LAND LIES IN THE CiTY OF SANFORD, SEMINOLE COUNTY,
FLORIDA AND CONTAINS 10115 SQUARE FEET, MORE OR LESS.
SURVEYOR'S NOTE~;:
(1)
(2)
(3)
(4)
(5)
(6)
REPRODUCTIONS OF THIS SKETCH ARE NOT VALID UNLESS SEALED WITH THE
SURVEYOR'S EMBOSSED SEAL.
LANDS SHOWN HEREON WERE NOT ABSTRACTED FOR RIGHTS-OF-WAY, EASEMENTS,
OWNERSHIP, OR OTHER INSTRUMENTS OF RECORD BY THIS FIRM.
BEARINGS SHOWN HEREON ARE RELATIVE TO THE NORTH LINE OF TRACT 22
SEMINOLE TOWNE CENTER REPLAT NO. 2, ACCORDING TO THE PLAT THEREOF~AS
RECORDED IN PLAT BOOK 49, PAGES 27 THROUGH 29 OF THE PUBLIC RECORDS OF
SEMINOLE COUNTY, FLORIDA BEING NORTH 89047'35- EAST, AN ASSUMED DATUM.
THE "LEGAL DESCRIPTION" HEREON HAS BEEN PREPARED BY THE SL, 3VEYOR AT THE
CLIENT'S REQUEST.
THIS SKETCH DOES NOT REPRESENT A FIELD SURVEY, AS SUCH.
THE DELINEATION OF LANDS SHOWN HEREON ARE AS PER THE CLIENT'S
INSTRUCTIONS.
CERTIFICATION:
WE HEREBY CERTIFY THAT THIS LEGAL DESCRIPTION IS TRUE AND CORRECT TO THE BEST
OF OUR KNOWLEDGE AND BELIEF AS PREPARED UNDER OUR DIRECTION IN JULY, 1995. WE
FURTHER CERTIFY THAT THIS LEGAL DESCRIPTION MEETS THE MINIMUM TECHNICAL STAN-
DARDS SET FORTH IN CHAPTER 61617-8 (F.A.C.) ADOPTED BY THE FLORIDA BOARD OF
SURVEYORS AND MAPPERS, PURSUANT TO FLORIDA STATUTES 472.027.
DAVID A. WHITE,
FLORIDA REGISTRATION NO. 4044
~.~NEET I OF~ NOT£~ TNIS ~ NOT ~
Section ~ ~ Township I~ South ~ Ran~ 30 East
LEGAL DESCRIP
UfILITY EASEMENT
ION,
~N56' ~6' ~4"N 80.
74' t2'56'N 46.
TRACT 2i
SENINOLE TONNE CENTER REPLAT NO. 2
PB. 4g, PGS-27-29
INIERNAC ACCESS ROAD EASENENi
FOR THE 8ENEFIT.D,rc SEMINOLE
TOHNE CENTEU LIHIlED PARTNERSHIP
tS'
LEGEND TRACT 22
PO0 ............ POINT OF CONNENCENENT
POD ............ POINT OF BEGINNING
~ ............. CENTERLINE
R/W ..RIGHT-OF-WAY
O.R, B .......... OFFICIAL RECORD BOOK
P, B ............ PLAT BOOK
P.G ............ PAGE
PC ............. POINT OF CURVATURE '~'
PT ............. POINT OF TANGENCY
& ............. CENTRAL ANGLE
R .............. RADIUS LENGTH
C .............. CHORD LENGTH
CB ............. CHOBD BEARING
L .............. ARC LENGTH
15' I[MPONAIJY CONSTRUCTION EASEHEN[
546'25' 56' E iD.
---~"~ E- CENTER
S56' 16' 14" E 72.4Bt..
'S74t~'56'E 42.08'
,-, TRACT
SCALE /'=lO0 FEET
TRACT 20
,0
TRACT
8
SEMINOLE TOWNE
CENTER REPLAT
PB 47. PGS 8~t0
TRACT i
\
\
\
I R-1062.00'
&-2'01'25'
I L-37.5t'
I C-37.5t'
_ CB-S01' 00' 01' W
,., NE. CORNER
P. 0. U.TRACT 22.
R- t062. 00--'-'~' R/w'"'~ ~' ~ --. '"
.... ~ L'7.49"
~'- OOULEVA~ --C-7.-49' ~
CB"SO0' i U'-~;O' E"-----
VARIES (ORE). 2612, PG. 1923)
HEET 2 OF 2
NOTE: THIS IS NOT A SURVEY
PROFESS I ONAL ENO I NEED I NG CONSUL TANTS, I NC.
engineers planners surveyors
Suite t560 Cola Par~ Centre, £00 £ast Robinson Street. Orlando. Florida a~80J
407/4~-8062
SECTION 29. TOWNSHIP 19 SOUTH. RANGE 30 EAST
DATE:dULY ~0. IBgS J PREP BY:$. E1 d, J D.A.N J~Y: CAD J dO~ NO: SOC-O~.. 0~. O~