370-TWC 95 Ltd-SidewalkThis
Instrument Was
Prepared By:
Patricia K. Green, Esq.
Suearns Weaver Miller Weissler
Alhadeff & Sitterson, P.A.
150 West Flagler St., Suite 2200
Miami, Florida 33130
Record and Return To:
Patricia K. Green, Esq.
Stearns Weaver Miller Weissler
Aihade~£ & Sitterson, P.A.
i50 West Fiagler St., Suite 2200
Miami, Fierida 33130
ECORD & VERIFIEi'
£/
GPd~NT OF EASEMENT ~ RIGHT OF USE AGREEMENT
{Sidewalk)
i'}:~_ G~'ant of Easement and Right of Use
"AgreemenU') is made and entered into as of the __
1997, by and between TWC Ninety Five, Ltd., a
partnership {"Grantor"), having an address
Causeway, Suite 600, Tampa, Florida 33602, and the City of Sanford,
Florida, having an address at ~OO ~. p~r~t ~_ ~0~9~ ~
'( the "City").
Agreement (the~ ~'-'
day of ,
Florida limited
at 6200 Courtney Campbell
RECITALS
A. Grantor is the owner of certain easement rights in the
property legally described on Exhibit "A" at~ached hereto and made
a paru hereof (the 'Easemen~ Area"), pursuanu to Grant of Easemen~
and Righ~ of Use Agreement {Sidewalk) dated as of June 18, 1997,
recorded in Official Records Book 3256, at Page 018!, of the Public
Records of Seminole County, Florida.
D. Grantor has agreed for good and valuable consideration to
grant ~o the City, a perpetual, non-exclusive easement for sidewalk
and utility purposes over, across and through the Easement Area.
AGREEMENT
NOW, THEREFORE, in consideration of the sum of Ten Dollars
($10.00) and other good and valuable conszde_a~zon, the receipt ans
sufficiency of which are hereby acknowledged, the parties hereto
agree as follows:
i. Recitals. The above recitals are true and correct and bv
this reference are incorporated as if fully set foruh herein.
II. ~. Grantor hereby grants to the City, for the use
and benefit of the City, its successors and assigns, a perpetual,
non-exclusive easement for sidewalk and utility purposes over,
across and through the Easement Area. The City shall have the_~
right to (i) construct, maintain, repair and replace s~k~
sidewalks, curbs and other improvements incident to pedestr~an~
access, (ii) install, maintain, repair and replace or cause to~eCI)
installed, repaired, maintained and replaced, such util~y
equipment as may be deemed necessary or desirable by the City, to
effect the purposes of the easement granted herein and (iii) do WY
and all things that are lawful and that may be necessary a~Sd
desirable in connection with the foregoing. With respect ~o
utility equipment to be installed in the Easement Area, ~e
subsurface of the Easement Area shall be exclusive as to the City,
and no other provider of utility service shall be permitted to
locate its equipment within the Easement Area whether on the
subsurface or surface area thereof. Nothing herein shall prohibit
access to the Grantor to go upon the Easement Area for purposes
consistent with its interest in same, without in any manner
interfering with the use of the Easement Area by the City and the
public in the maintenance and use of said sidewalks.
III. Appurtenant Easements. The easement herein granted shall
be appurtenant to the land benefitted thereby.
IV. Costs and Expenses. The costs and expenses of
maintaining the surface of the Easement Area shall be borne by the
Grantor and the cost of maintaining any City equipment installed
within the Easement Area shall be borne by the City.
V. Successors and Assigns. This Agreement shall bind, and
the benefit thereof shall inure to, the respective successors and
assigns of the parties hereto.
VI. ~o Public Dedication. Nothing contained in this
Agreement shall, in any way, be deemed or constituted a gift of or
dedication of any portion of the Easement Area to the general
public, except that the general public shall have the right to go
upon the sidewalks constructed within the Easement Area in the
customary fashion.
-2-
IN WITNESS WHEREOF, the parties hereto have duly executed this
Agreement as of the date and year first set forth above.
Witnesses:
Print Name
GRANTOR:
TWC Ninety-Five, Ltd.,
a Florida limited partnership '-
By: TWC Ninety-Five Partner,-
Ltd., a Florida iimiteda/]
partnership, as sole genema=~D
partner
CITY: ,
City of Sanford, Florj~da. a ;' ',
Municip~ 1 corpora~pr~ ,
)..
Title: Iv~/k~ ~r ....
-3-
STATE OF FLORIDA
SS:
COUNTY OF HILLSBOROUGH
The foregoing instrument was acknowledged before me this 1Q~-~r~
day of ~/~ ~+ , 1997 by ~,~IC [~>i I~tr~ ,
rl~ u ---O~IAf'IA~ of TWC ~inety-Five, Inc., a Florida
as
corporation, the sole general partner of TWC Ninety-Five Partners,~O
Ltd., the sole general partner of T~C Ninety-Five, Ltd., a Florida~
limited partnership, on behalf of the corporation and as an act-~
the partnerships. ~
Personally Known ~ OR Produced Identification ~
Type of Identification Produced
STATE OF FLORIDA
Notary Public, State of Florida at Large
Commission No.:
,~.~ ~ PA~SL~,, LYNN ~ONTOYA
My Commission Expires:
SS:
COUNTY OF %~mi~Dl~
The foregoing instrument was acknowledged before me this ~15+
day of kUgus~ , 1997 by ~ a~r~ k.~a
as ~::ky~r of The City of Sanford, Florida,
municipal corporation, on behalf of the City.
Personally Known ~ OR Produced Identification
Type of Identification Produced
Print or Stamp Name:-/~i~r~_
Notary Public, State of Florida at Large
Commission No.: CC
My Commission Expires:J~u~,
-4-
SKETCH OF DESCRIPTJON
E,~I ~ ~T 'A"
LEGAL DESCRIPTION: SlOE WALK & UTIUTY EASEI~ENT
A SIDEWALK AND UTILITY E,~EW, ENT LYING IN THE NORTHWEST I/4 OF
SECTION 2, TOWNSHIP 20 SOUTH, RANGE 30 EAST, SEMINOLE COUNTY, FLORIDA,
DESCRIBED AS FOLLOWS:
CObh~ENCE AT THE NORTHWEST CORNER OF THE NORTHWEST I/4 OF SAID
SECTION 2; THENCE RUN SO0"O0'O0"E, ALONG THE WEST LINE THEREOF. ALSO
BEING THE CENTERUNE OF AIRPORT BOULEVARD (AN 80 FOOT WIDE RIGHT OF
WAY), A DISTANCE OF 2_J33,52 FEET; THENCE RUN NgO"OO'OO"E A DISTANCE OF
519.39 TO THE WESTERLY RIGHT OF WAY LINE OF LAKE t~ARY ROAD AND A
POINT OF BEGINNING; THENCE RUN N42 58 53 E, ALO G SAID RIGHT OF WAY
LINE, A DISTANCE OF 546.OO FEET; THENCE DEPARTING 5AiD RIGHT OF WAY UNE
RUN N47°OI'EF"W~ A~ DISTANCE OF 32.40 FEET; THENCE RUN 542'58'33"W A
DISTANCE OF 7~.~3 FEET; THENCE RUN S02"01'28"E A D/STANCE OF 24.6/FEET;
THENCE RUN 542'SB'3Z"W, 15 FEET WESTERLY AND PARALLEL TO AFORESAID
WESTERLY RIGHT OF WAY UNE, A DISTANCE OF 464.68 FEET; THENCE RUN
579'07'Bg"E A DISTANCE OF 17.71 TO THE POINT OF BEGINNING.
GENERAL NOTES:
I. BEARING5 A5 SHOWN HEREON ARE ASSUI~ED AND BASED ON THE WES[ UNE
OF THE NORTHWES[ I/4 OF 5EC. 2_TWP. 20 S. RGE. 30 E. SEMINOLE COLIN'FY,
FLORIDA BEARING IS SO0'O0'O0'E.
LEGEND & ABBREVIATIONS:
P.C. POINT OF CURVATURE TWP. TOWNSHIR
P.O.C. POINT ON CURVE RGE. RANGE
p?. PLAT BOOK WW WATER klAIN
PO. PAGE 5AN SANITARY SEWER LINE
O.R.B. OFFICIAL RECORD5 BOOK LS UFT STATION
R RADIUS FW FORCE ~AIN
A CENTRAL ANGLE R/W RIGHT-OF-WAY
L ARC LENGTH C/L CENTERLINE
CB CHORD BEARING
SEC. SECTION
THIS IS NOT A SURVEY
R. UARI~ t~TCHFORO · --
P.L.5, Nm 5062
NOT VAUD WITHOUT THE SIGNATURE AND ORIGINAL RAISED SEAL
OF A FLORIDA UCENSED AND Z, IAPPER
DA TE
Coarolfl~ £~gl~rs · ~rv~rs
South Bumt~/ Avenue, Orlondo. Florldo 32803 I407)
PREPARED FOR". THE WlL.~ON COWpANY
DATE: 4/30/97 t DRAWN BY= T.J.Y.
RE!IISED~ I JOB NO.:
...... ~--: ..... SKf--I-CH
, ,~.,~ POINT OF COI~tI, tENCEtZENT
OF DESCRIP-/"N
WlNDCHASE APARTIIENTS
LF~IBILITY Ut~TiSFACTO~Y
FOR ~IOR)F~L~41NG
THE PINE RIDGE CLUB
A CONDOMINIUM
NCT ~LA~TED
SIDEWALK
& UTIUTY
EASEt,~ENT
'POINT OF
BEGINNING
DATE: 4/30/97 DRAWN BY; T.J.Y,
REVISEDr JOB NO.~
5CAL~: 1' - 200' SHEET 2 OF 2