353-Seminole Farms Trust IVHARYANNE HORSE
CLE~'-OF CIRCUIT C.r~UZ'~'
7 9067
This Instrument prepared by
Gloria M. Lockridge, Esq.
Akerman, Senterfitt & Eidson, P.A.
Post Office Box 231
Orlando, Florida 32801-231
SEMINOLE C~OUNIY, FL.
Documentary Tax Pd. $ ¢~'--.
$ .. Intangible 'fax Pal. STORMWATER DRAINAGE EASEMENT
Maryanne Morse, C~k~
County By: [ ~ - -'~/-"~'~
This Stormwater Drainage Easement ("Easement") executed this C day of
~-~7'-~.~/,,~'~''- 1995, but made effective the 7th day of November. 1994, by
HAROLD G. HARTSOCK, Trustee, SEMINOLE FARMS TRUST IV, whose address is
1311 East Second Street, Sanford, Florida 32771 ("Grantor") to THE CITY OF SANFORD,
a municipal corporation under the laws of the State of Florida, whose post office address is
Post Office Box 1788, Sanford, Florida 32772 ("Grantee");
WITNESSETH:
WHEREAS, by Warranty Deed recorded in O.R. Book 2569, Page 0884, Public
Records of Seminole County, Florida, Grantor conveyed to Grantee, among other lands, a
stormwater retention pond more particularly described on Pages 0892-0893 thereof (the
"Original Retention Pond"); and
WHEREAS, on February 28, 1994, Grantor as "Owner" and Grantee as "City" entered
into a Right-of-Way Agreement recorded in O.R. Book,Qq&~,, Page/3i~ Public Records of
Seminole County, Florida (the "Right-of-Way Agreement"). pursuant to which Grantee agreed
to reconvey to Grantor the Original Retention Pond and in exchange thereof, Grantor agreed
to convey to Grantee a stormwater drainage easement over said Original Retention Pond,
subject to the terms and conditions of the Right-of-Way Agreement; and
WHEREAS, Grantee desires to accept and maintain a stormwater drainage easement
across the lands of the Grantor; and
WHEREAS, Grantor has agreed to permit such stormwater drainage easement on that
portion of the Grantor's lands described by the attached Exhibit A (the "Original Retention
Pond"); and
G ML:KELLEY;EASEMENT-CITY-OF-SANFORD
WHEREAS, Grantor has agreed to the conveyance of the stormwater drainage
easement as above and herein described, but subject to the limitations herein provided, co
NOW, THEREFORE, for and in consideration of $I0.00 and other valuabl~2.
considerations the receipt whereof by each is hereby acknowledged, Grantor and Grantee agreec-2-
as follows: tn
1. Conveyance of Stormwater Drainage Easement.
The Grantor does hereby give and grant unto the Grantee, and its successors and
assigns, a perpetual non-exclusive (to the extent that Grantor retains all rights not inconsistent
with this Easement and the Right of Way Agreement) stormwater drainage easement over,
across, under, upon and through the reconveyed Original Retention Pond described on Exhibit
A attached hereto and incorporated herein for the purposes of transmitting, retaining and
treating stormwater runoff and other drainage from, and pertaining to, St. John's Parkway
West, a publicly dedicated right-of-way lying between Seminole Towne Boulevard and
Rinehart Road. The Grantee accepts the Easement herein provided and agrees as a condition
of such acceptance to maintain and operate the facilities located on and within the lands
described in Exhibit A.
Grantor hereby grants unto the Grantee a right of reasonable access to and necessary
entry onto any and all property that may be reasonably necessary which is immediately
adjacent to the Original Retention Pond and onto the Original Retention Pond itself for the
purposes of maintenance, repair and replacement of the drainage facilities in, within, on or
under the Original Retention Pond and any and all appurtenant facilities related thereto.
2. Reservation of Rights.
The Grantor hereby reserves unto itself, and its successors and assigns, the right to use
the aforesaid Original Retention Pond at any and all times for any and all purposes which do
not unreasonably interfere with the normal operation and maintenance of the facilities being
used and maintained by the Grantee. The Grantor's reservation shall include, without limiting
the generality of the foregoing, the right and privilege at any time and from time to time to
make grants, easements, licenses, and privileges to any person, firm, corporation or other entity,
over, under, upon and with respect to said easement area, for any purpose or use that will not
unreasonably interfere with the normal operation or maintenance of said facilities (including
parking), and also the right (but not the obligation) from time to time to lay out and to plat and
to construct streets and roadways along and over portions of and across the Easement or right-
of-way herein granted, and to convey the same or the area so laid out, or any interest or estate
therein, to any municipal or other governmental authority or otherwise dedicate the same to the
public. Grantor's reservation of rights as set forth in this Paragraph 2 shall not adversely
interfere with the capacity of the Original Retention Pond for Grantee's permitted use described
in Paragraph 1 above.
GM L:K ELLEY:EA SEMENT-CITY-OF-SANFORD 2
3. Relocation of Easement and Original Retention Pond. . .o
t-q c. Ch c:~ '-~
Notwithstanding anything to the contrary set forth herein, Grantor retains the righl~o --..a
relocate the Easement and the Original Retention Pond in accordance with and subject tole
terms and conditions of the Right-of-Way Agreement. In such event, Grantor, at its sole Est
and expense, shall be responsible for the redesign, permitting, relocation and reconstruction(if cDrn
necessary) of the Stormwater Drainage Easement (and all drainage facilities, if any) and2~he.~'
capacity of the relocated Easement and Retention Pond to serve Grantee's permitted.rllseCal
described
in Paragraph 1 above shall not be diminished by such relocation.
4. Termination.
If the Grantee, or its successors or assigns, should abandon said Easement, or any part
thereof, or cease to maintain and use the facilities, over, under or upon said Original Retention
Pond, or any part thereof, then at the option of Grantor the rights, privileges, right-of-way and
Easement herein granted, as to such portion shall terminate.
5. Use and Maintenance.
The Easement and the Original Retention Pond shall be utilized by the Grantee for any
and all drainage and stormwater utility purposes for the above-referenced St. Johns Parkway
West, with full authority to enter upon to excavate, construct and maintain, as the Grantee and
its assigns may deem necessary, a drainage system consisting of pipes, ditches, detention,
percolation or disposal areas of any combination thereof, together with appurtenant drainage
structures, and any other stormwater facilities. The Grantee and its assigns shall have the right
to clear and keep clear ali trees, undergrowth and other obstructions within said Original
Retention Pond that may interfere with the location, excavation, operation, utility or
maintenance of the drainage facilities or functions, and except as provided in Paragraph 3
above, Grantor, its successors and assigns, agree not to build~ construct or create, or permit
others to build, construct or create any buildings or other structures on the herein granted
Easement that may interfere with the location, excavation, operation, utility or maintenance of
the drainage facilities or functions or utilities and any related facilities placed thereon.
7. Successors and Assigns.
The rights, privileges and reservations herein provided shall inure to the benefit of the
Grantor's and Grantee's respective successors and assigns.
GML:KELLEY:EASEMENT-CI~[3~-OF-SANFORD 3
IN WITNESS WHEREOF, the Grantor and the Grantee have caused these presents
to be executed as of the day and year first above written.
(Signature of)/Oitness) ?L
~,rin N e of Witness)
(Signai4re o~ Witness)
(Print ~me of Witness)
HAROLD G. HARTSOCK, Trustee
("Grantor")
CITY OF SANFORD, FLORIDA
("Grantee")
(Signature of Witness)
(Print Name of Witness)
(Signature of Witness)
Li ndo~ U l~rac~
(Print Name of Witness)
By: ~_~,~,~/~ fi/., ,,
Bettye m~th, IV~ayor
Attest:
,~net R. ~ C~{y Cler~
GMI ,:KELLEY:EASEMENT~CFD/-OF-SANFORD 4
STATE OF FLORIDA
The foregoing instrument was acknowledged before me this ~9 day of
1995, by Harold G. H~tsock, as the Trustee of Seminole Farms Trust IV, on ~e~alf of the
Trust.
Sign~t~r~ot~y ~ublic-State of Florida
Print, type or s~mp commissioned nme of
Not~ Public; Personally known
OR Produced Identification ~:'~ bt~5 ~(
Type of Identification Produced
STATE OF FLORIDA
COUNTY OF SEMINOLE
The foregoing instrument was acknowledged before me this 13fh day of
~:~-pl~!~r- , 1995, by Bettye D. Smith, as Mayor of the City of Sanford, and Janet R.
Donahoe, as City Clerk of the City of Sanford, Florida, a Florida municipal corporation, on
behalf of the City.
Signature of Notary Public-State of Ftor~ : Ex~o.~,, 06.~
Print, type or stamp commissioned name of
Notary Public; Personally known
OR Produced Identification
Type of Identification Produced
GML:KELLEY:EA SEMENT-CITY-OF-SAN FORD 5
Ez/~ibit A
~ D~ F~CM THE CITY OF SANFO~D
TO ~ G. I'~%RIC-~:XIK, TRb.Y
LEGAL DESCRIPTIOI .
[Page 1 of 2]
PROPOSED ~AST. W~ST CONNECTOR POND
A PARCEL OF LANO LY1NG IN THE SOUTHEAST QUARTER OF SECTION 2~. TOWNS~IIP 19
SOUTh. RANGE 30 EAST. DESCRIBED AS FOLLOW~:
COMMENC~ AT T~IE NORTHEAST CORNER OF SAID EOUTHF. Ab'r QUARTER FOR
A POINT OF REFERENCE: THENCE. ALONG THE EAST UNE OF $AI0 SOUTHEAST
QUAage.,~ RUN SOUTH 0~elE'&7' EAST. 1114.28 FEET: THENCE. RUN SOUTH
EEe40'2S' wE~r. 124.80 FEET TO A POINT LYING ON A NON-TANGENT CURVE
CONCAVE ~lra~.Y-' THENCE RUN NOR'R..IW~$'IILqI-Y, ALONG SAID
CURVE. HAVING A RAOIUS LENGll~ OF 2E.00 et. el'. A C~ITRAL ANGLE OF
58'40'04'. AN ARC t.B~IGTH OF 2S.60 re.a:~. A CHORD ~ OF 24.49 FEET,
AND A ~ ~.ARING OF NORI~ "ge3~33" ~ TO A P~INT L~NG ON
THE ~ UNE OF A 12.00 FEET ~IOE I~M~u~d. RIGors-OF-WAY EASEMENT
FOR R~4E~A~r ROAO ACCORO~CG TO SEMINOLE COUNTY RIGHT-OF-WAY
OF RIN~'4ART ROAD AS RECORDEO iN RIG~-.O~-WAY ~ BOOK Z, pAGE
OF THE iRJBUC RECORDS 0F SEMINOLE COUNTY. FLOR]DA. __SAl_O_~_~ad~ ~
THE POINT OF BEGINNING: TdENC~ ALONG THE W~ST UNe ur a~ _~ .-
~ ~EQE m~ eC~T4~W*Y ~SEMeC, RUN, No~L_)~._~I..L~.
89e40'29° WEST, 200.00 FEET; TH~IC~e RUN NU~m ~ .a_~ ..... ~ecn
eee~ TO A POINT ~.TU~. ~,,. ... .....- :--~:;.;./;.;;...~,~. mrmxE CONCAVE
..... ~J,': ;.;- ..... ~*-.=,~.y ALONG EA~ PROPOSS~ A~3~I'-O~-wA-
--'"--- SOUl1'1 85 SS lz r..4,
L~IG'TI4 OF 108,30 ertl. AND A O40RD EEARING OF
TO THE POINT OF TANG~ICY; 'tHENCE RUN NORTH 8~e40'29° EAST, 79.02
FEET TO 114E POINT OF CURVAI'~I~E OF A CURVE CONCAVE SOUTHWE~i F.N.Y;
THENC~ RUN SOUTHEA~i~'u.Y, AI.~NG EAJD CURVF- HAV1NG A RADIUS
LENGTH OF 25.00 ~'t.=~'. A ~ ANGLE OF 31"19'$5°. AN ARC LENGTH
OF 13.87 ee.=l'. A O.lOAD ~ OF 13.50 v~.='T, ANO A CHORD BF. AR~NG OF
SOUTH 74'3~33' ~ TO T~E 'POINT OF 5EGINNING.
THE ABOVE DESCR'm:n pARC~ OF LANO UE$ IN THE CRY OF .~NFORD. SEMINOLE COUNTY,
Iq.0RIOA AND CONTAINS 0.S25 ACRE~ MORE 0R I.~.
(11 REPROOUCTIONS OF THIS SXETCH ARE NOT VAUD UNLESS SEALED 'AITH THE
SURV~EY'OR'$ EMBOSSED SEAL.
{21 LANOS ~.IOWN HE~qEON W~qE NOT ABSTRACTED FOR RIGHTS-OF'WAY. EASEM~rr~.
0WNER.~'RP. OR OTHER iNSTRUMENTS OF RECORD 8Y THIS
131 BF. AAINGS S~.IOWN HFJ~EON ARE ASSUMED 8A~EO ON THE EAST UNE OF
SOUTHEAST QUAR'I'~R OF SECTION 29. TOWNSHIP 19 SOUTH. RANGE 30 EAST AS
BEING SOUTH 00e19°47° EAST. '
(41 THE 'LEGAL DESCRIPTION' HEREON HAS BEEN pREpARED EY THE SURVEYOR AT THE
CUENT*S REQUEST.
(Si THIS ~KE'rCH 001~ NOT REPRESENT A IqELO SURVEY. AS SUCH.
(6) THE DEUNEATION OF LANDS SHOWN HERF.0N A~F ~ PER TrlE CUENT'S
INSTRUc'rIONS.
WE HEREBY C.~ i,F'~ THAT THIS LEGAL 0ESCRIFT1ON OF ~E H~EON DES~I8ED ~OPER~ ;S
~UE ~O CO~E~ TO ~E BE~ 0F O~ KNO~E ~O ~ AS ~EP~ED UNDER OUR
OIRE~ON ~ M~. 1993. ~ ~ C~ 1 s~ ~T ~lS L~ ~C~ION MEETS ~;
MtNIMUM ~NI~ ~O~OS S~ FOR~ ~ ~ 21~ (F~.C.] AOO~'~'~E
~ORIOA BO~O OF ~ S~V~ORS. ~.~ TO ~ORIDA ~A~S 47702~: ......... "-
~OAIOA ~EGI~ON'~. ~4
,,3
Exhibit A
("Original Bmt~ntion Pon~")
OONVEYANCE CF STOi~'~ DRA/NAGE EAS~MBI~T
FR~4 HABOLD G. HARI~-JDCK, TRUST.:~:, TO THE CITY OF SANFORD
LEGAL DESCRIPTION
I
m' :
[Page 2 of 2]
coo
STENSTROM, MoINTOSH, COLBERT, WHIGHAM & SIMMONS, P.A.
REC£1VE~
September 8, 1995
SEP 11 1995
CITy OF SANFo~D:
Bill Simmons, City Manager
CITY OF SANFORD
300 N. Park Avenue
Sanford, Florida 32771
Re: Rieht-of-Way Agreement
Dear Mr. Simmons:
Enclosed is the original Stormwater Drainage Easement which we received from Harry Stewart
in today's mail. It needs to be executed and recorded.
Pursuant to our telephone conversation today, I have released the deed which we held in escrow.
This completes our file in this matter.
Sincerely,
STENSTROM, McINTOSH, COLBERT,
WHIGHAM & SIMMONS, P.A.
/lw
Enclosure