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370-TWC 95 Ltd-Drainage Ditch:~his Instrument Was Pre ;ed By: '..[~.~ Or ~1 Patricia K. Green, Esq. Stearns Weaver Miller Weissler 0 8 3 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 GRANT OF EASEMENT AND RIGHT OF USE AGREEMENT (Drainage Ditch) .E~ORD_B & VERIFIE[' 1997 AUC, 28 FI! L~: 30 This Grant of Easement and Right of Use Agreement "Agreement") is made and entered into as of the __ day of , 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 33607, Sanford Pine Ridge, Ltd., 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 3~ ~. ~ ~g~, ~ A. TWC is the owner of the property legally described on Exhibit "A" attached hereto and made a part hereof (the "TWC Property"). B. Developer is the owner of the property legally described on Exhibit "B' attached hereto and made a part hereof (the "Commercial Tract"). C. There is located within the TWC Property and the Commercial Tract a drainage ditch (the "Ditch") as more particularly depicted on the sketch attached hereto as Exhibit "C' and made a part hereof. D. TWC and Developer have agreed for good and valuable consideration to grant tc the City as an appurtenance to the land owned by it, a perpetual, non-exclusive easement for drainage into the Ditch, over, across and through the easement area 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: 1. ~. The above recitals are true and correct and by this reference are incorporated as if fully set forth herein. ~. 2. ~/~~. TWC hereby grants to the City for the u~ and benefit of the City, its successors and assigns, a perpetua~ non-exclusive easement for drainage into the Ditch over, across arf~ through that portion of the property legally described on Exhibi~ "C'~ attached hereto which lies within the TWC Property, an~ Developer hereby grants to the City for the use and benefit of th~ City, its successors ~nd assigns, a perpetual, non-exclusive easement for drainage into the Ditch over, across and through that portion of the property legally described on Exhibit "C" attached hereto which lies within the Commercial Tract (collectively, the "City Drainage Easement Area"). The City shall also have the right to go upon the real property adjacent to the City Drainage Easement Area, as necessary to access the City Drainage Easement Area in connection with the grant of easement made herein and to effect the purposes of the easement, provided that access to such adjacent real property will be exercised over routes that will occasion the least practicable damage and inconvenience to TWC and Developer. 3. Appurtenant Easements. The easement herein granted shall be appurtenant to any land benefitted thereby. 4. Costs and Expenses: Maintenance. The costs and expenses of maintaining the Ditch and the City Drainage Easement Area shall be borne by TWC. The City shall have the right, but not the duty, to perform required routine or emergency repairs to the improvements located within the City Drainage Easement Area and to clear any foliage which obstructs the operation of the Ditch if TWC fails to do so, and the reasonable costs thereof shall be reimbursed by TWC to the City. TWC shall maintain the Ditch and all improvements located therein in accordance with City and local water management district codes and regulations. 5. ~-q~--~h. TWC and Developer hereby reserve the right to relocate the Ditch, to change its configuration or install any improvements not permitted as of the date hereof, as may be required in connection with the development of the TWC Property or the Commercial Tract, contingent upon obtaining all required governmental approvals, and further provided that the capacity, efficiency or purpose of the Ditch are not in any way impaired by such relocation or reconfiguration. 6. Successors and Assigns. This Agreement shall bind, and the benefit thereof shall inure to, the respective successors and assigns of the parties hereto. -2- 7. 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 Drainage 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 Agreement shall be limited to and utilized for the purposes expressed herein and only for the benefit of the persons herein named. (Signatures appear on following page) IN WITNESS WHEREOF, the parties hereto have duly executed this Agreement as of the date and year first set forth above. Witnesses: Print Name , Ltd TWC Ninety-Five a Florida limited partnershi~ By: TWC Ninety-Five Partner~, Ltd., a Florida limit~_~d partnership, as sole genera, partner By: TWC Ninety-Five, Inc. Name: '~ ~. Title: ~,'. Prin: Name DEVELOPER: SANFORD PINE RIDGE, LTD., a Florida limited partnership By: Blue Teal Corporation, a Florida corporation, as general partner CITY: City Municipal STATE OF FLORIDA ) ) SS: COUNTY OF [~O~ ) The foregoin9 instrument was acknowledged before me this ~k- as , ~ of TWC Ninety-Five, Inc., a Florida corporation, the sole general partner of TWC Ninety-Five Partners, Ltd., the sole general partner of TWC 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 Notary Public, State of Florida at Large Commission No.: My Commission Expires: STATE OF FLORIDA ) ) SS: COUNTY OF ~ ) April 30, 2001 The foregoing instrument was acknowledged before me.this~.~2~ day of f~ , 1997 by D~V)O O' ,~,~L~ , as ~'~5 of Blue Teal Corporation, a Florida corporation, the sole general partner of Sanford Pine Ridge, Ltd., a Florida limited partnership, on behalf of the corporation and as an act of the partnership. Personally Known ~// OR Produced Identification Type of Identification Produced Notary Public, State of Florida Commission No.: My Commission Expires: at Large STATE OF FLORIDA ) ) SS: COUNTY OF ~,~n~le, ) The foregoing instrument was acknowledged before me this day of AU~+ , 1997 by [~lrry A. Ii~ as ~y~f of The City of Sanford, municipal corporation, on behalf of the City. Personally Known v/ OR Produced Identification Type of Identification Produced Print or Stamp Name: ~ifxng C_re~4~ Notary Public, State of Florida at Large Commission No.: ~0~556~'76J My Commission Expires: ~J~ne [~ ~_OO; ,cO Florida ,o~. a .~ ~,.~?'~,~ DIANE CREWS ~ ¥, co~,41sgo~ · CC 655,6 70 '9~0~ ~' ,,,~u,,~nc ~O~t>~G CO., ~NC. -6- L IBtLr A portion ortho .Northwest Quarter of Section 2, Township 2.0 South, :Range 30 East, Seminole County. Florida. described as follows: Corm'nence at the Northwest corner of the Northwest Quarter of said Section 2; the[,.~e run South O0 degrees O0 minutes O0 seconds East. along the We,t line thereof, aL~o the centerline of Airport Boulevard (an 80 root wide right of way), a distance of 6(~i0 f'eet to the South line of the North 666.60 feet of the Northwest Quarter of said Sect~ thence departing said West line run South 89 de~re~ 52 minutes 50 seconds East ~aid South line of the North 666.60 feet of the Northwest Quarter a distance ut' 40.0~ec, qc: to the East right or way line of said Airport Boulevard a~ recorded in Official Records Book 684, Page 638, of the Public Records of Seminole County, Florida, for a POL-NT OF BEGINNLNG; thence continue South 89 degrees $2 minutes 20 seconds E~t along said South line of the North 61~.60 feet of the Northwest Quarter a distance of 802.~ feet; thence departing said South Line run North 45 de~'ees 07 minutes 41 seconds East a distance of 19.04 feet; thence run North 00 del,ri'ecs 10 minutes 36 seconds West distance of 187.02 feet; thence run North :L2 degre~ 37 minutes 23 seconds ~ distance ol~ 88.27 feet; thence run North 00 degrees 10 minutes 37 seconds We~t distance of 182.'/3 feet; thence run North 09 de~"e~ 16 minutes 06 ~_~ec_oncLs Weet a distance of 107.1:t feet; thence run North 46 de~q'ees 4.3 mlnute~ $7 ~eonds West a distance of 59.'/6 feet to the South right of way line of County Road ~&-A as recorded in Official Records Book 485, Page 164, of the Public Records of Seminole County, la'lorlda; thence run North 86 degrees 28 minutes 21 seconds ~ along said South right of way line a distance of 146.16 feet to the West line of the ~ast 32'L36 feet of thi Northwest Quarter of the Northwest Quarter of said Section 2; thence departtflg said South right of way Line run South 00 degrees 16 minutes 46 seconds ~tst along said W~t line of the Northwest Quarter of the Northwest Quarter a distance of 615.21 fe~ to the aforesaid South line o1' the North 666.60 feet of the Northwest Quarter of said Section 2; them~ departing said West line run South 89 degrees 52 minutm 50 seconds ~att along said South line of the North 666.60 feet of the Northwest Quarter a distance of 329.09 fe~ to the West right of way line of Lake Mary Road (an unrecorded right of way); thence run along said We~erl7 right of way line the following five (S) courses and distances: South 00 degre~ 15 minutm 06 seconds West a distance of 268.68 feet to the point of curvature of a curve emlga*e Westerly ha*ing a raditcs of 1027.89 feetl thence run Southerly along the arc of said curve through a central angle of 18 degl'em 1~ minutes 14 seconds a distance of 273.66 feet to a point of compound cor*atur~ of a curve ha*ing a radius of 707.22 feet; thence run Southerly along the arc of said curve through a central nolle of 22 degrees 22 minutes 01 seconds a distance of 276.08 feet to tho point of tangenT; thence run South 38 degrees 12 minutes 39 second~ We~t a distance of 242.43 feet; thence run South 42 degrees 58 minutes 33 seconc~ West a dittance of 124.61 feetl thence departing said Westerly right of way Line run along tho ~.amerl7 boundary of 'The Pine Ridge CJub, A CnndomJnJum" Village 1, Phase 11 the following three t.t) course~: ~'or~ 47 d~r~ 01 minut~ 2T s~on~ W~t a db~ance of ~.~ ~ to the ~i~t of culture of a curve ma~e ~o~h~erl) havin~ a ~dtus of 2~,00 f~: thence mn ~'o~hw~erly along the arc of sa~d cur~e through a central anile of 20 ~e~r~ ~ minut~ 41 s~n~ a di~ance of ?0.03 f~t to the point of taaEency; th~ce ~n ~'~h deg~ 5? mmut~ 4~ ~on~ W~t a d~tan~ of 6~.80 f~; thence ~n along the ~ Eagerly ~d ~'n~herly bounda~ of "~e ~ne ~dge Club, A Cond~inium" ~1~ 1, ~e "D" the following f~ur (4) cou~: ~o~h ~ d~ ~2 miaut~ 14 s~on~ ~ d~ance of 3.~ f~t: thence ~ North 26 de~ 57 mlnu{~ 46 ~n~ W~ a d~n~ of 3?2,19 f~; th~ce ~n Sou~ 63 degr~ 02 ~ut~ 14 s~on~ W~ a dbtaece ~ t4[.92 t'~; thence ~n Sou~ 26 d~r~ 57 minutM ~ s~on~ ~ a dbtance o[ 2~ f~; thence run along the ~o~eriy boun~ u~ "~e ~e ~dge Club, A Cundominium" Village 1, ~ 2 and I the follow~g t~ (3) coup: Sou~ 63 02 mJ~ut~ 14 s~on~ W~t a distance of 103.58 r~ to the ~int ot ~am~ o~ a cume cnn~ve No.hotly ha~ing a ~dius or ~50.00 ~m: rheem ma ~terly aloag ~e am of ~aid curve though a central angle of 26 d~ 5T ~e~ 46 s~n~ a ~ of 70.J9 fm to the ~int ot ~ngency; then~ ~e No~ ~ d~ ~ m~ut~ 00 W~t a di~ance or 25T.~ fm to ~e a~o~id ~ ri~t of way I~e of ~oulevard; th~ce mn ~o~ ~ degt~ ~ minutm ~ ~a~ Wm along said W~ d:ht of way line a db~ace of 683.~2 ~m to the ~ O~ ~G~G., L IBtLiTY U TI A I'O FOR k, CRORLMiNG ~4a3,-OS-gZ O~,:51P ~ Ko~h'l,. 813 281 " SKE'TCH OF DESCRI/"-"'ON NOT PLATTED ~OIN'F OF ~ BE~INNIN~ WINDCHASE APARTMENTS 2231 NOT PLATTED P.05 L[-61BILff'~ Uf,~ THE PINE RIDGE CLUB, A CONDOMINIUM May-OBog7 2231 P.OA 04:51P D Ko.blur SKETCH 813 281 OF DESCRIF, ,ON LEGAL O~$CRIPTION; COMMERCIAL TRACT 30 E~T. ~1~ ~N~. FL~IDA. DESCRIBED ~ FO~OWS, ~ME~E ~T THE ~TMWEST ~NER ~ THE ~THWEST t/4 OF SAID SECT~ ~ THENCE ~N ~'f, AL~ THE WEST UNE 8EI~ THE CENTERUNE ~ ~R~T ~ [ ~ ~ F~T WIDE R~HT WAY J, A ~ST~CE ~ ~.60 FEET~ THENCE ~N ~ 'f A ~5T~CE OF ~.~ FEET ~ THE EAST R~HT OF WAY UNE ~ 5~D AIRART THENCE ~ 589'SZ=~'E, A~N~ ~E S~TM UNE ~ THE ~RT~ ~.~ FEET THE N~THWEST I/4 ~ SAID SECT~ 2, A DIET. CE ~ 583.~ FEET ~NT ~ 8EGINNI~. THENCE ~N ~'~'W ~G THE E~T UNE WEST ~.~ FEET ~ THE ~RTHWEST I/4 ~ SAID 5ECT~ ~,38 FEET TO THE ~TH R~HT ~ WAY UNE ~ ~N~ ~AO ~C~ROING TO ~F]ClAL RE~DE ~K ~5. P~E ~ ~ THE ~BUC RE~DS ~ SEUI~ ~N~, FLORIDA~ THENCE ~ 886'~'5~*E ALO~ S~D ~TH R~HT ~ WAY UNE A DIET. CE ~ ~.~ FEET~ THENCE DEP~TI~ S~D ~TH ~T ~ WAY UNE RUN S~'4J'~'E A DIET. CE OF ~.~ FEET: THENCE ~N ~'~'E A DIST~C~ ~ 1~.13 S~'I~'E A fllST~CE OF 18~73 FEFz THENCE ~N SIE*~'~*W A DIST~CE OF ~.~ FEET; THENCE ~N ~*IO'~*E A DIET.CE OF 1~.02 FEET~ THENCE ~N 545~'~'W A ~STANCE ~ 19.~ FEET TO THE ~ES~O THE N~TH ~.~ FEET OF THE ~THWEET I/4 ~ SECT~N N~'5~'W A DIET.CE OF ~8.~ FE~T TO THE ~INT ~NT~NI~ 3.~6 A~ES ~E O~ GENERAL lYOTES~ BEARINC.5 A5 SH[7~N HEREON ARE A~SUYED AND BASED ON THE WENT UNE OF THE tVORTItVIES"r //4 OF' SEr" P_TWP.~O S. RGE. 30 E. SF-.~INOLE C'~,IN'FY, FLORIDA. BEARING IS THE PROPOSED RIGHT-OF-WAy ACOUISITION FOR AIRPORT ~LVD. IS SHOWN FOR INFORMATION PURI~ES. THE INFORMATION IS AS SHOWN ON TIlE SE.~IfNOLE CIXINT'Y RIZ~HT OF WAr ~A,P OF AIRPORT ~OULEVARD.$ECTION PS 15~.SHEET 9 Of' Il l ~O~ E;UBUfTT'AL; BY OTHERS. IEGEAID & ABBREVIATIONS~ P.C. POINT OF CURVATURE TWp. TOWNSHIP P.O.£. POINT ON CURVE ROE. RANGE P.B. PLAT BD~K WU WATER MAIN PG. PAE:E SAlt SANITARY SEWER I. JNE O.R.B. OFFICJAL REQ~)RDS BOOK L$ LIFT STATION R RADIUS FY FORCE YAIN A CE. NTRAL ANGLE R/W RIGHT-OF-WAY L ARC LENGTH C7. CEAfTERUNE CB C1"K~D 8EARII~: SEC. SECTION THIS IS NOT A SURVEY 201 $ourh 8un'~y levetx,~. Ot'lo~o. Florldc 32803 I.~/'l 856-$31T PREPARED FOFh THE YlfLSZW SKETCH THE PINE /~IDGE CLUB, A CONDONINIU,~ OF DESCRIP-~'~)fl NOT PLATTED WlNDCHASE APARTMENTS DRAINAGE EASEMENT ~8.5£' '"' SKETCH OF DESCRIf IOfl E ~l.411~ ~ 'r 'A " LEGAL DESCRIPTION; DRAINAGE EASEIZENT A DRAINAGE EASEIIENT LYING IN THE NORTHWEST I/4 OF $ECTK~ 2, TOWNSHIP ~0 SOUTH, RANGE 30 EAST. SEMINOLE COUNt, FLORIDA, DESCRIBED AS FOLLOWS~ COblMENCE AT THE NORTHWEST CORNER OF THE NORTHWEST I/4 OF SAID 5ECTIGN 2; THENCE RUN SO0'O0'O0"E, ALONG THE WEST LINE THEREOF, AL50 BEING THE CENTERUNE OF AIRPORT BOULEVARD I AN 80 FOOT WIDE RIGHT OF WAY I, A DISTANCE OF 6~.BO FEET TO THE SOUTH UNE OF THE NORTH 666.~0 FEET OF THE NORTHWEST I/4 OF 5AID SECTiON 2; THENCE RUN S89'52'50"E ALONG 5AID SOUTH UNE OF THE NORTH 666.60 FEET OF THE NORTHWEST I/'i A DISTANCE OF 6P-3.97 FEET; THENCE RUN NOO'OO'OO"W, ALONG THE EAST LINE OF THE WEST 625.97 FEET OF THE NORTHWEST I/4 OF SAID SECTION 2, A DISTANCE OF 603.86 FEET TO THE SOUTH RIGHT OF WAY UNE OF COUNTY ROAD 46-A ACCORDING TO OFFICIAL RECORD5 BOOK 485, PAGE 4~4 OF THE PUBLIC RECORDS OF SEMINOLE COUNTY, FLORIDA; THENCE RUN N86'28'21~E ALONG 5AID SOOTH RIGHT OF WAY LINE A DISTANCE OF 22.54 FEET FOR A POINT OF BEGINNING OF THE CENTERUNE OF A 45 FOOT WIDE EASEMENT LYING 22.5 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE. THENCE DEPARTING 5AID SOUTH RIGHT OF WAY LINE RUN SCO"OO'CO"E ALONG 5AlU CENTERUNE A DISTANCE OF 604.9~ FEET TO THE POINT OF CURVATURE OF A CURVE CONCAVE WESTERLY HAVING A RADIUS OF 1~.50 FEET; THENCE RUN SOUTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 14'22'15" A DISTANCE OF 54.49 FEET TO THE POINT OF REVERSE CURVATURE OF A CURVE CONCAVE EASTERLY HAVING A RADIUS OF 322.50 FEET; THENCE RUN SOUTHERLY ALONG THE ARC OF 5AID CURVE THROUDH A CENTRAL ANGLE OF 20~]?'34" A DISTANCE OF II-~.Z8 FEET TO THE POINT OF TANGENCY~ THENCE RUN S05'45'19"E A DISTANCE OF 52.~ FEET TO THE POINT OF CURVATURE OF A CURVE CONCAVE EASTERLY HAVING A RADIUS OF 2_22.50 FEET; THENCE RUN SOUTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 17°$3'50"A DISTANCE OF 68.21FEET TO THE POINT OF TANGENCY~ THENCE RUN $2~'19'09"E A DISTANCE OF lio. 92 FEET; THENCE RUN S26"'1~*05"E A DISTANCE OF 113.80 FEET; THENCE RUN S29"15'05"E A DISTANCE OF 145.54 FEET TO THE POINT OF CURVATURE DF A CURVE CONCAVE WESTERLY HAVING A RADIUS OF FEET; THENCE RUN SOUTHERLY ALONG THE ARC OF 5AID CURVE THROUGH A CENTRAL ANGLE OF 0~'57'45" A DISTANCE OF ~.8B FEET TO THE POINT OF TANGENCY; THENCE RUN S~'35'~0"E A DISTANCE OF ~.52 FEET TO THE END OF AFORESAID CENTERUNE OF A 45 FOOT WIDE EASEMENT; THENCE. DESCRIBING THAT PORTION OF SAID EASEMENT VARYING IN WIDTH, RUN N67'24'40"E DISTANCE DF 22_50 FEET TO THE POINT OF CURVATURE OF A CURVE CONCAVE EASTERLY HAVING A TANGENT BEARING OF S~°35'~0"E AND A RADIUS OF 155.OO FEET; THENCE RUN SOUTHERLY ALONG THE ARC OF 5AID CURVE THROUGH A CENTRAL ANGLE OF 13'45~12" A DISTANCE OF ~7.2J FEET TO THE POINT OF TANGENCY; THENCE RUN $36'~0'57"E A DISTANCE OF IOO. 17 FEET TO THE WESTERLY RIGHT OF WAY UNE OF LAKE MARY ROAD lAN UNRECORDED RIGHT OF WAY); THENCE RUN 558'12'39"W ALONG SAID WESTERLY RIGHT OF WAY UNE A D/STANCE DF 49.$0 FEET; THENCE DEPARTING 5AID RIGHT OF WAY UNE RUN N$6'~D'JT"W A DISTANCE OF 191.I8 FEET TO THE POINT OF CURVATURE OF A CURVE CONCAVE EASTERLY HAVING A RADIUS DF ~00. OO FEET; THENCE RUN NORTHERLY ALONG THE ARC OF SAID CURVE THROUOB A CENTRAL ANGLE OF 13'45'18# A D/STANCE DF 48.OFFSET TO THE POINT OF TANOENCY; THENCE RUN N22*-~5'~O~W A DISTANCE OF 12.62 FEET~ THENCE RUN N67'~4'40~E A DISTANCE OF 2t~50 FEET TO THE BEGINNING OF THE DESCRIPTION OF THAT PORTION OF SAID EASEIZENT VARYING IN WIDTH. GENERAL NDTES~ L BEARING5 AS 5HI~N HEREON ARE ASSUMED AND BASED ON THE WEs-T UNE OF THE NORTHWEST I/4 OF $EC.~TWP.~O $.RGE. 30 E,$E~ZlNOLE COUNTY, FLORIDABEARING 15 LEGEND & ABBREVIATiON$~ P.C. POINT OF CURVATURE TWP. TOWNSHIP P.D.C. POINT ON CURVE ROE. RANGE P.B. PLAT BOOK WN WATER I~AIN t~,. PAGE 5AN SANITARY SEWER UNE O.R.B. OFFICIAL RECORDS BOOK L5 LIFT STATION R RADIUS FN FORCE WAIN z~ CENTRAL ANGLE R/W RIGHT-OF-WAY L ARC LENGTH C/L CENTERLINE CB CHORD BEARING SEC. SECTION THIS IS NOT LDCHRARE ENGINEERING,/NC. A SURVEY R. MARK PITCHFORD DATE P.L.S. No. 50~2 NOT VAUD WITHOUT THE SIGNATURE AND ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER Coasulflng Englr~rs · Surv~ors ~01 South BumDy Avenue, Orlondo, Florldo 32803 (407) 896-331T PREPARED FOR~ THE WILSON COI~PANY DATE; 4/$0/~7 DRAWN BY; T.J.Y.