354-Seminole Towne Center Limit HARYANNE HORST S£HINOLK COUNTY, F1 ~ ~ ~ ~ ~
· . ,"" ' RECO~' VERIF!F,
CI..FJ~I~ OF CIRCUIT ,
EASEMENT
STATE OF FLORIDA )
) SS:
COUNTY OF SEMINOLE )
KNOW ALL MEN BY THESE PRESENTS:
That SEMINOLE TOWNE CENTER LIMITED PARTNERSHIP, an Indiana limitE~t
partnership (hereinafter called "Grantor"), for and in consideration of the sum of One Doll~ c~
($1.00) and other considerations paid by The City of Sanford, Florida, a Florida municil~l '~' ~o
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 Ama 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.
UI' I' IUIAL
BOOK
021 2
SEW,~;OLE CO. FL.
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 any
permanent buildings or structures upon the surface of the Easement Area. The Grantor hereby
further reserves the right to grant easements to other utilities or services, and to tenants or owners
of portions of the shopping center, which easements may traverse, intersect, transect or otherwise
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-use by Grantee for six (6) months and with use not being
BO0~
resumed within sixty days following receipt of written noticee~[,[~.~l~ll~e~t[.(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
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
changing the terms of this Easement Agreement.
[End of Page 3]
EXECUTED this
.day of..~j,199 .~
OFFICIAL RECORDS
BOOK PAGE
,,~., dltOLE CO. FL.
SEMINOLE TOWNE CENTER LIMITED
PARTNERSHIP, an Indiana limited parmership
By:
SIGNED, SEALED AND DELIVERED
IN THE PRESENCE OF:
, P~inted'Nf~e cfi Witn;~/O~e
Printed Name of Witness Two
SIMON PROPERTY GROUP, L.P., a Delaware
limited partnership, d/b/a Simon Prop]
Limited Partnership, General Partne/ Iy Group,
By: SIMON PROPERTY GROU~! ~C., a
Maryland corporat~~Partner
By: (j/
DAVID StMO~N
PRESIDENT
STATE OF INDIANA )
)
COUNTY OF MARION )
SS:
This instrument was acknowledged before me on the ~
· ~, as _ ~ ~.~- 5, ~c~g.,o Xof SIMON PROPERTY GROUP, INC., a Maryland corporation, the
General Partner of SIMON PROPERTY GROUP, L.P., a Delaware limited partnersh.~, the
General Partner of SEMINOLE TOWNE CENTER LIMITED PARTNERSHIP, mx'[~liana
limited partnership and the within Grantor. d" "..'" ...... "
My Commission Expires:
day of~ , 199~,, by
Name:
Notary Public,
State of Indiana
Kathteen A. Ray, No~ary.PiJbltc,.._. _ ...'r.,,"-
My Commission Expires -..~.1~7~ ~' '
Resident of Marion County, Ihdlarm
This Document Prepared Outside
the State of Florida By:
Ris~ 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
7/12/95:07124)01 .lEAF 4
A
LEGAL DESCRIPTION
UTILITY EASEMENT
ISHEE?
SCALE t'-,10 FEET
TRACT !
SEMINOLE TOWNE CENTER REPLAT
P8.47, PGS. 8-tO
P. O. C.
MOST SOUTHERN CORNER
TRACT 7
R-650. 00'
&-16o25'35,
L=t86.35'
C-t85. 71'
CB-S4O°47'~9, W
TRACT i3
SEMINOLE TOWNE CENTER REPLAT
P8.47, PGS. 8-iO
20F2
LEGEND
/
/
/POC ............ POINT OF COHNENCENENT
POB ............ POINT OF BEGINNING
~ ............. CENTERLINE
R/W ........... RIGHT-OF-WAY
P. § ............ PLAT BOOK
P. G ............ PAGE
O. B ............ OFFICAL RECORD BOOK
PC ............. POINT OF C~VATURE
PT ............. POINT OF TANGENCY
& ............. CENTRAL ANGLE
R .............. RADIUS LENGTH
C .............. CHORO LENGTH
CB ............. CHORD BEARING
L .............. ARC LENGTH
'PROFESS I ONAL ENG I NEER I NG CONSUL TANTS, INC.
engineers planners surveyors
Suits J560 Eola Parl~ Csnt~o. 200 East Robinson Streot. Orlando. Florida 3280J
407/422-8062
SECTION 29, TONNSHIP !9 SOUTH, RANGE 30 EAST
DATE: JUNE 22. f. 995 I PREP BY: S.E.J. DRAWN BY: S.E.d. I ,JOB NO: S0C-0t-02. 02;
LEGAL DESCRIPTION
UTILII¥ EASEMENT
LEGAL DESCRIPTIONS
A STRIP OF LAND BEING A PORTION DF TRACT ~. SEMINOLE TOWNE
CENTER REPLAT, ACCORDING TD THE PLAT THEREOF AS RECORDED IN PLAT
8DOK 47, PAGES 8 THROUGH t0, PUBLIC RECORDS DF SEMINOLE COUNTY,
FLORIDA, DESCRIBED AS FOLLOWS:
COMMENCE AT THE MOST SOUTHERLY CORNER OF TRACT 7 OF
SAID SEMINOLE TOWNE CENTER REPLAT FOR A POINT OF
REFERENCE, SAID POINT LIES ON THE WESTERLY RIGHT-OF-WAY
LINE OF TOWNE CENTER BOULEVARD BEING A CURVE CONCAVE
NORTHWESTERLY~ THENCE RUN SOUTHWESTERLY, ALONG SAID
WESTERLY RIGHT-OF-WAY LINE AND SAID CURVE HAVING A RADIUS
LENGTH OF 650.000 FEET, A CENTRAL ANGLE OF 16"25'35", AN
ARC LENGTH OF t86. 35 FEET, A CHORD LENGTH OF i85. 7t
FEET AND A CHORD BEARING OF SOUTH 40"47'19" WEST TO THE
POINT OF BEGINNING; THENCE CONTINUE SOUTHWESTERLY, ALONG
SAID WESTERLY RIGHT-OF-WAY LINE AND SAID CURVE, HAVING A
RADIUS LENGTH OF 650. O0 FEET, A CENTRAL ANGLE OF
0t°47'38", AN ARC LENGTH OF 20. 35 FEET, A CHORD LENGTH
OF 20.35 FEET AND A CHORD 8EARING OF SOUTH 49"53'56"
WEST; THENCE, DEPARTING SAID WESTERLY RIGHT-DF-WAY LINE,
RUN NORTH 50'45'02" WEST, 82.19 FEET; THENCE RUN NORTH
39'~4'58" EAST, 20.00 FEET; THENCE RUN SOUTH §0'4§'02"
EAST, 89.95 FEET TO THE POINT OF BEGINNING.
THE ABOVE
SEMINOLE
LESS.
DESCRIBED STRIP OF LAND LIES IN THE CITY OF SANFORD,
COUNTY, FLORIDA AND CONTAINS t682 SQUARE FEET MORE OF
SURVEYOR'S NOTES:
~. REPRODUCTIONS OF THIS SKETCH ARE NOT VALID UNLESS SEALED WITH
THE SURVEYOR S EMBOSSED SEAL.
2, LANDS SHOWN HEREON WERE NOT ABSTRACTED FOR RIGHTS-OF-WAY,
EASEMENTS, OWNERSHIP, OR OTHER INSTRUMENTS DF RECORD BY THIS
FIRM.
3. BEARINGS SHOWN HEREON ARE RELATIVE TO THE SOUTH LINE DF
TRACT 7, SEMINOLE TOWNE CENTER REPLAT, ACCDRDING TD THE PLAT
THEREOF AS RECORDED IN PLAT BOOK 47, PAGES B THROUGH
PUBLIC RECORDS OF SEMINOLE COUNTY, FLORIDA, SAID BEARING BEING
NORTH 67'52'33' WEST, AN ASSUMED DATUM
4, THE LEGAL DESCRIPTION HEREON HAS BEEN PREPARED BY THE
SURVEYOR AT THE CLIENT S REQUEST.
5. THIS SKETCH DOES NOT REPRESENT A FIELD SURVEY, AS SUCH.
6. THE DELINEATION OF LANDS SHOWN HEREON ARE AS PER THE
CLIENTS INSTRUCTIONS.
~2
CERTIFICATION:
WE
TO
DIRECTION IN JUNE, 1995. WE
DESCRIPTION MEETS THE MINIMUM
CHAPTER 6~G17-6 [F.A.C.] ADOPTED
AND MAPPERS PURSUANT TO FLORIDA
HEREBY CERTIFY THAT THIS LEGAL DESCRIPTION IS TRUE
THE BEST OF OUR KNOWLEDGE AND
AND CORRECT
BELIEF AS PREPARED UNDER OUR
FURTHER CERTIFY THAT THIS LEGAL
TECHNICAL STANDARDS SET FORTH"FN
DAVID A. WHITE, P.L.S.
FLORIDA REGISTRATION NO. 4044
'PROFESS I ONAL ENG I NEER I NG CONSUL TANTS, I NC.
englneePs plannePs suPveyoPs
Suits 1560 Eola Parl~ Cenf~'e. 200 East Robinson Street, Orlando, Florida 3280J
407/422- 8062
SECT ION 29, TOWNSHIP lg SOUTH, RANGE 30 EAST
DATE: JUNE 22. ~995
m PREP BY: S.E.J. J DRAWN BY: S.E.J. J JOB NO: SDC-O!-O2. 022