370-TWC 95 Ltd-3 Utility AreasThis Instrument Was Pre red By: _[~,
Patricia K. Green, Esq.
S~earns 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
Alhadeff & Sitterson, P.A.
150 West Flagler St., Suite 2200
Miami, Florida 33130
RECORD£O & VER1FIE?
19S7 AU6 2¢ Pt! 4:29
GRANT OF EASEMENT AND RIGHT OF USE AGREEMENT ~
(Three Utility Areas) ~
This Grant of Easement and Right of Use Agreement (the
"Agreement,,) is made and entered into as of the L~ day off~j' ,
1997, by and between TWC Ninety-Five, Ltd., a Florida limited
partnership ("TWC"), having an address at 6200 Courtney Campbell
Causeway, Suite 600, Tampa, Florida 3'3607, Sanford Pine Ridge,
l,t,'~., a Florida limited partnership (the "Developer,,), having an
address at P.O. Box 980, Windermere, Florida 34786-0980 and The
City of Sanford, Florida, a municipal corporation (the "City"),
having an address at ~ ~~ ~
County By: D-C. r~
A. TWC is the owner of the property legally described on
Exhibit "A" attached hereto and made a par~ hereof (the ~'~
Property"). "~W~
B. Developer is the owner of the property legally described
on Exhibit "B" attached hereto and made a part hereof (uhe
"Commercial Tract").
C. TWC and Developer has agreed for good and valuable
consideration to grant to the City as an appurtenance to the land
owned by it, a perpetual, non-exclusive easement for uuiii5y
purposes, over, across and through the easement areas described
herein.
NOW, THEREFORE, in consideration of the sum of Ten Dollars
($10.00) and other good and valuable consideration, the receipt and
sufficiency of which are hereby acknowledged, the parties hereto
agree as follows:
i. ~. The above recitals are true and correct and by
this reference are incorporated as if fully set forth herein.
II. ~ . TWC hereby granus to the City for the use
and benefit of the City, its successors and assigns, perpetual,
non-exclusive easements for utility purposes over, across and
through those portions of the property legally described on Exhibit
"C" attached hereto which lie within the TWC Property, and
Developer hereby grants to the City for the use and benefit of the
City, its successors and assigns, perpetual, non-exclusi~
easements for utility purposes over, across and through tho_~e
portions of the property legally described on Exhibit "C" attach~
hereto which lie within the Commercial Tract (collectively, t~
"City Utility Easement Area"). As used herein, "utility purpose~'
shall mean installation, maintenance, repair, replacement and a~;
other matters and things that are lawful and that may be necessar-%z
or desirable in connection with such utility purposes. T~-e
subsurface of the easement described herein shall be exclusive as
to the City, and no other provider of utility service shall be
permitted to locate its equipment within the City Utility Easement
Area whether on the subsurface or surface area thereof. Nothing
herein shall prohibit access to TWC or Developer to go upon the
City Utility Easement Area for purposes consistent with their
respective interests in same, without in any manner interfering
with the use of the Easement Area by the City.
III. Appurtenant Easements. The easements herein granted
shall be appurtenant to any land benefitted thereby.
IV. Costs and Expenses. The costs and expenses of
maintaining the surface of the City Utility Easement Area shall be
borne by TWC, and the cost of maintaining any City equipment
installed within the City Utility Easement Area shall be borne by
the City.
V. Successors and Assicns.
the benefit thereof shall inure to,
assigns of the parties hereto.
This Agreement shall bind, and
the respective successors and
VI. No 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 City Utility Easement Area to the
general public or for the benefit of the general public whatsoever,
it being the intention of the parties hereto that this Acreement
shall be limited to and utilized for the purposes expresse~ herein
and only for the benefit of the persons herein named.
-2-
IN WITNESS WHEREOF, the parties hereto have duly executed this
Agreement as of the date and year first set forth above.
Witnesses:
TWC Ninety-Five, Ltd.
a Florida limited partnershi~
By: TWC Ninety-Five Partner~
Ltd., a Florida
partnership, as sole
partner
By: TWC Ninety-Five,
Name: ~ ~ ~a~'
Title: ~__~ ~,~.
Print Name
DEVELOPER:
SANFORD PINE RIDGE, LTD.,
a Florida limited partnership
By:
Blue Teal Corporation, a
Florida corporation, as
general partner
Title:
-3-
STATE OF FLORIDA )
) SS:
COUNTY OF ~/= )
The foregoing instrument was acknowledged before me this
day of //)j%¥ , 1997 by I'}/~',~,,l} : ~' '{" [,F~:'2~
~ '"'7'~' of .......... L: P .... I ....., a Flormda Teal Co~
corporation, the sole general partner of ...... ~,,= · ...... :--~": =~'~ Pertn~rq '
L~O hi 1 ' ~ ~ ............. N .... t5 ~'~ Ltd F1 ida S~o
limited partnership, on behalf of the corporation and as an ac~ of Pine Ridge
the partnerships.
Personally Known % OR Produced dent~f~cat~on
Type of Identification Produced
Print or/Stamp~A~me:
Notary Public, State of Florida at
Commission No.:
My Commission Expires:
STATE OF FLORIDA )
) SS:
COUNTY OF h?O~ )
Large
IWC a FloriGa lmmlted partnersnmp, on Denalt ot the corporation and as
· . an act of the partnership·
qknety-Flve
Partners, Personally Known OR Produced Identification
L~d. , the
sole gener~lype of Identification Produced
oartner of
Printbar Stamp Na~.
Notary Public, State of Florida at Large
Commission No.
.,~S~'~ ....
My Commission Expires: ~?~'~.,, ToddM. Speir
.-':~. :.:- MY CO~IrSSlON ~ P2,6435~ EXPIEES
The foregoing instrument was acknowledged before me this %6
day of %~U-O~. , ~s97 by ~ ~=. ~,~',---~t¢~,- ,
........... : ...... n, a Florida ~
corporation, the sole general partner of Sznfcrd Pine Ridgc/ Ltd.,N~ety_Five
Inc.
-4-
STATE OF FLORIDA
) SS:
COUNTY OF ~fn~no~ )
The foregoing instrument was acknowledged before me this ~5~
day of ~d~9~s% 1997 by [~ry A. ~l{~_
as ~4~7 of The City of Sanford, Florida, a
municipal corporation, on behalf of the City.
Personally Known ~ OR Produced Identification ---
Type of Identification Produced
Print or Stamp Name: -Diane..
Notary Public, State of Florida at Large
Commission No.: CC
My Commission Expires: J~ne
DIANE C~'WS
COM~ON ~ CC 655670
F.X~I~S JUN t5, 2001
LEO'IBILR'y Ut TtS ACTORy
A portion of the .~orthwest Quarter uf Section 2, To-nahip 20 South, l~.ange 30 East,
Seminole County, Florida, described as follows:
Commence at the Northwest corner of the Northwest Quarter ot said Section 2: thenrr..~_~
r'un South 00 degrees 00 minutes 00 seco~ds East, along the West line thereof, also b~mg
the centerli~e of Airport Boulevard (an 80 Foot wide right of' may), a dLvtance of 666.~)
rent to the South Iine of the North 666.60 feet of the Northwest Quarter of said Sectid'E
thence departing said West line run South 89 degre~ .~2 minute~ 50 seconds East alo~
~aid South line of the .North 666.60 feet of the Northwest Quarter a distance or' 40.00 ~et c..rl
to the East right of way line of said Airport Boulevard as recorded in Official Recurcis
Book 684, Page 638, of the Public Records of Seminole County, Florida, for a POLNT OF
BEGLNNLNG; thence continue South 89 degrees 52 mmute~ 20 seconds East along said
South line of the North 666.60 feet of the Northwest Quarter a distance of 802.~ feet:
thence departing said South line run North 45 degrees 07 minutes 41 seconds East a
distance of 19.04 feet; thence run North 00 degrtn~ 10 minutes 36 seconds We~t a
distance of 18'7.02 feet; thence run North 12 degre~ 37 minuteS 23 seconds East a
distance of 88.27 feet; thence run North 00 degr~ 10 minuteS 37 seeonds W~t a
distance of 182.73 feet; thence run North 09 degrtnz 16 minutes 06 seconds W~t a
distance of 107.13 fern.; thence run North 46 degre~ 43 mi-urea 57 s~onds WeSt a
distance of $9.76 feet to the South right of way line of County Road ~6-A as re~orded in
Official Records Book 48.~, Page 464, of the Public Reeorda of Seminole County, Florida
thence run North 86 degre~ 28 minuteS 21 seconds Ea~ along said South right of way
line a distance of 146.16 feet to the West line of the ~ 32'/.36 feet of the North,,est
Quarter of the Northwest Quarter of said Section 2,; thence departing said South right of
way line run South 00 degre~ 16 minuteS ~,6 seconds F.,ast along said We~t line of the
Northwes~ Quarter of the Northwest Quarter a distan~ of 625.24 fm to the afor~aid
South line of the North 666.60 feet of the Northwest Quarter of said Section 2; theme
departing said West line run South 89 degree~ 52 mmutm 50 s~conds Ea~'t along said
South llne of the North 666.60 feet of the Northwest Qnarter a diztance of 329.09 fe~t to
the West right of way line of Lake Mary Road (an unrecorded right of way); thence run
along said W~erly right of way line the fnllonring five (5) courses and dlatances: South
00 degrme 15 minutes 06 seconds West a distance of 268.6~ feet to the point of curvature
of a curve ce~e~,e Westerly having a radius of 102'7.89 feet; thence run Southerly
the arc of ~ald curve through a central angle of 15 degrem 15 minute~ 1.4 seconds a
distance of 2'/3.66 fee¢ to a point of compound curvature of a curve having a radiu~ of
707.22 feet; thence run Southerly along the arc of said cur~,e through a central angle of
22 degrees 22 minutes 01 seconds a distance of 276.08 feet to the point of tangency;
thence run South 38 degrees 12 minutes 39 second~ West a distance of 242.43 feet; thence
run South 42 degrees 58 minutes 33 seconds West a distam:e of 124.61 fe~; thence
departing said Westerly right of way line run along the Eagerly boundary of 'The Prme
Ridge Club, A Candominium" ~,'iltalIe 1, Phase 11 the tollov, ing three 13) cou~: 3'o~
4T d~r~ 01 minu~ 2T s~on~ W~t a d~ance of ~.~ ~m to the ~int of culture
~f a curve ~e~ve ~o~h~erty having a ~dlus of 2~.00 ~; thence ~n
No~hw~erly along the arc ut said cur~e through a cent~l angle of 20 degr~ ~
minut~ 41 s~n~ a di~ance of T0.03 ~t tn the pome of taagency; th~ce ~n ~o~h
deg~ ~ m~ut~ a~ ~on~ W~t a d~tan~ of 65.80 f~; ~bence ~n along the
[a~eriy ~d ~n~herly bounda~ of "~e ~ne ~dge C~ub, A Cond~inium" ~l~ge~
~e "D" the following four (a) cou~: ~o~h ~ d~ 32 miuur~ 14 ~on~ ~
d~ance o~ 3.~ f~t; thence ~u ~o~h 2~ de~ 57 ~ut~ 46 ~on~ ~ a
of 372.19 t~; th~ce ~n Sou~ 63 degr~ 02 mi~u~ 14 s~on~ W~ a d~tance of
141.92 r'~; thence ~n Sou~ 26 d~r~ 57 minut~ ~ s~on6n ~ a d~tance ot 2.~
t~t: thence run along the No~eriy boun~ of "~e ~e ~d~e Club, A
Condominium" Village 1, ~ 2 and 1 the tollow~g t~ (3) coup: Sou~ 63 d~
02 minut~ 14 s~on~ W~t a distance of 103.58 t~ to the ~int ol ~a~re of a cu~e
cnnmve Northerly having a ~dius or 150.00 tm; the~ ~e W~etly alonl Ae a~ of
said curve though a cent~l angle of 26 d~ 5T ~n~ a6 s~n~ a ~m~ of
70.$9 t~t to the ~int ot mngency; then~ ~ No~ ~ d~ ~ m~ut~ 00
W~t a d~ance of 2ST.~ tm to ~e ato~id ~ ri~t of -ay line ot
Boulevard; th~ce ~n No~ ~ degr~ ~ minut~ ~ ~e~ W~ along said W~
fight ot way line a d~ta~ce of 683.32 tm tn the ~ O~
May-OB-g7 04:61P D Koehler
~ SK~-TCH
~ ~MMENCEMENT
NOT PL~TT~D
THE PINE RI~E CLUB, A CONDO~INIU~
OF
WlNDCHASE
COMMERCIAL
TRACT
NOT PLATTED
i
WINDCHASE APARTI~ENT$
P .05
2231
~-97 04:51P D Koeh]e~ 813 281
SKETCH OF DESCR/P,
LEGAL DESCRIPTION; COMMERCIAL TRACT
A PORTION OF THE NORTHWEST I/4 OF SECT/ON F., TOWNSPilp ~0 5UUTH. RANGE
30 EA.%'~', $~MINOLE COUNTY, FLOPJDA, DESCRIBED AS FOLLOW$~
COUUENCE AT THE NORTHWEST CO~NER OF THE NORTHWEST 1/4 OF SAiD
SECTION .cz THENCE t~JN $O0'O0'O0'E, ALON~ THE WEST UNE THEREOF, AL$O
,SEING THE CENTERUNE OF AIR,~T BOIJLEVARD (AN 80 FOOT WIDE RIGHT OF
WAY J, A DIETANCE OF ~E~.BO FEET: THENCE RUN I~'DOzO0 'E A DIETANCE OF
40.CO FEET TO THE EAST RIGHT OF i/AY UNE OF SAID AIRPORT 80ULEVARD~
THENCE RUN $89'5E*-~O'E, ALONG THE SOUTH UNE OF THE NORTH 666.60 FEET OF r~ .~ ~ '~'
THE NORTHWEST I/4 OF SAID SECTION 2, A DISTANCE OF 58.1.97 FEET FOR A -~'
POINT OF BEGINNING. THENCE RUN NOO'IO'J;"W ALONG THE EAST UNE OF THE ~ ~ '"¢
WEST C:~F_J.97 FEET OF THE NORTHWEST I/4 OF SAID SECTION Z A DISTANCE OF ~--
604.38 FEET TO THE ~OUTH RiGHT OF WA)' UNE OF COUNTY ROAO 46-A ED
ACCORDING TO OFFICIAL RECORDS 800K 485, P~E 464 OF THE RUBUC
RECORDS OF 5EWINOLE COUNTY, FLORIDAt THENCE RUN N86'ZS'SJ'E ALONG
SAID $O~JTN RIGHT OF WAY LINE A DIETAI/CE OF IgO.~7 FEET~ THENCE
DEPARTING SAID SOUTH RIGHT OF WAY UNE RUN 5~,~'45'57'E A DISTANCE OF
60.58 FEET; THENCE RUN -~'16'D6'E A DISTANCE OF i07.13 FEET; THENCE RUN
$00'i0~37'E A DISTANCE OF 18P-.73 FEE'T; THENCE RUN SlE'.Ti"P-.3"F A DISTANCE
OF 88.27 FEET: THENCE RUN 500')0'36'E A DISTANCE OF 187,02 FEET, THENCE
RUN S45'07'W'W A DISTANCE OF ;9.08 FEET TO THE AFORESAID $O~rTH UNE OF
THE NORTH 666.60 FEET OF THE MORTHt~EST I/4 OF SECTION 2~ THENCE RUN
N89'5~.~'~ A DISTANCE OF P..la.44 FEET TO THE POINT OF BEGINNING.
CONTAINING J.J6 ACRES MORE OR LESS.
GENERAl. NGTE5~
I. 8EARIIF_,5 A5 5HUWII HEREO~I ARE AESUYED AND 8,a$ED OM THE WENT UNE
OF THE NORTtIME..~T I/4 OF SEP_P_TWp. i~O $.RG~30 E~$F_MINOLE COUNTY.
FLDRIDABEARINO I$ ..~E.
~.. THE PROPOSED RICH'r-OF-WAy A~UIJI$ITION FOR AIRPORT BLVD. IS StUN FOR INFORMAT,~N
PURPOSE$. THE INFCRMA'I'IOM I$ AS S. HOtVM ON THE SFJ41NOLE {::0flINTY A~T OF WAY YA/~ OF
AIRPORT ~OULE%/ARD. SECTION PS l.~6. SHEET g OF II ( gO~; SUSUFTAL ) BY OTHERS.
LEGENO& A~BREVIATIONS~
P.C. POINTOFCOR'VATURE TWP. TOWNSHIP
P.O,C. POINT OM OURVE R~E. RAt~ --
CB CHORD BEARING
SEC. SECTIO~V
THIS IS NOT A SURVEY
201So~th 8umW, /~e. Orlo~Ft~'lda 3ZE03 ~.~7) 896-33t7
PREPARED FOR~ THE WII-SON C~IPAI~
SKETCH
OF D£SCRI~"TIOAt
POINT OF CO~,tlAENCEt, IENT ~'
15' UTIUTY
EASE~ZENT
15' UTIUTY
EASEWENT
~POINT OF
BEGINNING
WlNDCHASE APART~,IENTS
I.~lBiLrff' UNSATISFASTOFIY
FOR ~CF~LMING
THE PINE RIDGE CLUB
A CONDOtZlNIUI~
c
/
· ,~ REVISED;
/ J SCI~LE:
CO
NOT = ,-wc~ r~
R
15' UTIL
EASEIZENT
R
"~¥t--/-CH OF D£$CRIPT/O/'~
LEGAL D£SCRIPTION~ UTIUTY EAS£1~ENT
LEGIBILITY U~GATiFACTORY
F~ ECR~RbV, ING
GENERAL NOTES~
L BEARINGS AE 51'tOffN HEREOW ARE AESUUED ~ND B~ED ~ THE WE~ U~E
OF THE ~E~ I/4 ~ $EC.~P.~ S.~30 E. SE~I~ ~.
F~ 15 ~E.
~O-~ ~IAT~S~
~. p~ 5~
O.R.B. ~FIQ~ RE~D5 ~
R R~
~ C~T~ ~ R/~
L ~C ~TH
SEC. SECT~
T/Y~IS IS NOT A
R. JlARK PITCHFORD
P.~5, NO, 506Z
NOT VAUD WITHOUT THE SIGNATURE AND ORIGINAL RAISED EEAL
OF A F~ORIDA UCENSED SURVEYOR A~D MAPPEP
SURVE~
DATE
TOWNSHIP
RAh~E
SANITARY SEWER UNE
UFT STATION
FORCE YAIN
RIGHT-OF-WAY
N RO~E
South BumD/ A~enue. Orlondo. Flor/do
PREPARED FOR~ THE WILSON COYpANY
DATE~ 4/30/~f' ORAWNj08 No. BY:: T.J.Y,
~ SHEET I
REVISED ~