271-Sanford Central Park LtdV
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rF CIRCUIT COUV RECORDED & YE.R(Fj' IOFFI ( ,_ RECORDS
M1NOLE COU"TY.FL. r ° L R'
G39301 ;31M&29 AM 10. 51
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DECLARATION AND GRANT OF EASEMENTS cc_� -i..' CO. FL.
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THIS DECLARATION AND GRANT EASEMENTS (hereinafter referred to
as the "Easements Agreement"), is made, declared and entered into
this 12 day of August 19 91 by and between Sanford Central ra > Ltd.
(OWNER)
(hereinafter referred to as the "Grantor") and the CITY OF SANFORD?
FLORIDA (hereinafter referred to as the "City").
W I_T-N E S S E T H:
WHEREAS, the Grantor is the owner in fee simple of certain
real property located in Seminole County, Florida, more
particularly described as Lot 34 (LEGAL Pages 64-66 eminole
(hereinafter referred to as the "Grantor's Property"); and Cry, FL
to be conveyed
WHEREAS, there exists certain other property i7jk=9 the west J of Lot 34
(DIRECTION)
of and adjacent to Grantor's Property with frontage for access on
the same public street (hereinafter referred to as the "Adjacent
Owner's Property") (the owner thereof is hereinafter referred to
as the "Adjacent Owner") and
WHEREAS, in the future, Grantor desires to develop Grantor's
Property; and
WHEREAS, in connection with the said development of Grantor's
Property, Grantor desires access, ingress and egress between
ine Road a public street;
Coastline Grantor's Property and (STREET)
and
WHEREAS, the City has agreed to grant to Grantorand Grantor's
ingress and egress between Coastline Road
(STREET)
Property; and
WHEREAS, subject to the terms hereof, Grantor desires by
execution hereof to declare and grant an access, ingress and egress
easement over," -across and through a portion of the Grantor's
Property described as
See Attached Descri tion (said _---
(ACCESS EASEMENT LEGAL)
portion of Grantor's Property is hereinafter referred to as the
"Access Easement Area") (the easement is hereinafter referred to
as the "Access Easement") for the joint benefit of the owners and
future owners of the Adjacent Owner's Property and the owners and
future owners of the Grantor's Property and to facilitate necessary
and proper access, ingress and egress between
Coastline Adjacent Owner's
Property and Grantor's Property, and (STREET)
WHEREAS, it is Grantor's and the City's intent that the
granting of the Access Easement shall be contingent upon, and
effective if and only if, and at such time as, the Adjacent Owner
grants to the Grantor an easement for access, ingress and egress
over, across and through a portion of the Adjacent Owner's Property
which is adjacent to the Grantor's Property (hereinafter referred
to as the "Companion Access Easement Area") (the easement is
hereinafter referred to as the "Companion Access Easement") for
the joint benefit of the owners and future owners of the Adjacent
Owner's Property and the owners and future owners of the Grantor's
Property and for the purpose of facilitating (together with the
Access Easement) necessary and proper access, ingress and egress
between Coastline Road and the Grantor's Property and
(STREET)
Adjacent Owner's Property; and
WHEREAS, subject to the terms hereof, Grantor also desires by
execution hereof to dedicate to the City Grantor's right to permit
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RECORDS
X173 0,605
' ingress and egress between the North the
(DIRECTION)
Grantor's Property and Coastline Road (hereinafter
(STREET)
referred to as the "R.O.W. Dedication").
NOW THEREFORE for and in consideration of the premises hereof
and other good and valuable consideration, the receipt and
sufficiency of which are hereby acknowledged, the Grantor does
hereby grant, declare and state as follows:
1. RECITALS. The above set forth recitals are true and
correct and are adopted by the parties hereto as if fully set forth
hereinbelow.
2. ACCESS EASEMENT. There shall be, and Grantor hereby
creates, declares to exist, grants and conveys to the Adjacent
owner a non-exclusive easement (hereinbefore and hereinafter
referred to as the "Access Easement") for access, ingress and
egress purposes over, across and through the Access Easement Area
for the purpose of providing access, ingress and egress between
Coastline Road and the Adjacent Owner's Property and the
(STREET)
Grantor's Property or any portion(s) thereof, for the benefit of
the owners and future owners of the Adjacent Owner's Property and
Grantor's Property, their respective successors, assigns, tenants,
employees, customers, agents, licensees, invitees and guests;
provided, however, that no improvements shall be constructed within
the Access Easement Area without the prior written consent of the
Grantor, its successors and assigns and, provided further, that the
Access Easement shall be contingent upon, and effective if and only
if, and at such time as, the Adjacent Owner shall grant, execute
and record in the Public Records of Seminole County, Florida, the
Companion Access Easement, providing for access, ingress and egress
over, across and through the Companion Access Easement Area for the
owners and future owners of Grantor's Property and their
successors, assigns, tenants, employees, customers, agents,
licensees, invitees and guests, in form reasonably acceptable to
the owner of Grantor's Property.,
3. R.O.W. DEDICATION. Grantor hereby dedicates to the City
all of Grantor's right to permit ingress and egress between the
North boundary of Grantor's Property and
(DIRECTION)
Coastline Road (hereinbefore and hereinafter referred
(STREET)
as the "R.O.W. Dedication"), save and except Grantor's rights of
access, ingress and egress provided for in Paragraphs 2 and 4
herein.
4. GRANTOR'S ACCESS TO Coastline Road is amended to read as
(STREET)
Notwithstanding anything set forth herein to the contrary and
any of the contingencies set forth hereinabove, the City hereby
grants to Grantor, and its successors in title to the Grantor's
Property, the perpetual right of access, ingress and egress between
the portion of Grantor's Property, and Coastline Road
(STREET)
together will the right to install, at any time and in Grantor's
discretion, and subject to City of Sanford approval, appropriate
(AGENCY)
curb -cuts and other facilities between Grantor's Property and
Coastline Road to facilitate such access, ingress and egress
(STREET)
rights. Grantor covenants and agrees to remove any driveway and
curb cuts in the R.O.W. Dedication and to landscape consistent with
Grantor's Property concurrent with the installation of ingress and
egress on the Access Easement Area and Companion Access Easement
Area described in paragraph 2 above.
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PAGE
0606
SE <P%CC CO. FL.
Vii. DURATION. The Access Easement and R.O.W. Dedication
hereby declared, created, granted and conveyed shall each be
perpetual in duration (provided, the Access Easement shall be
perpetual if and after the same commences as hereinabove set forth)
and may not be changed, amended or modified except by an instrument
in writing executed by the City and all of the owners and
mortgagees of the Grantor's Property.
6. MAINTENANCE. It shall be the obligation, of Grantor to
maintain the Access Easement Area and any improvements located
therein and thereon, Consistent with the City Code of the City of
Sanford, Florida.
7. NO RIGHTS IN PUBLIC. Nothing herein shall be deemed to
create, grant or convey any rights in or to the Access Easement,
the Access Easement Area and the R.O.W. Dedication in the general
public.
8. COVENANT RUNNING WITH THE LAND. The Access Easement and
R.O.W. Dedication declared, created, granted and conveyed hereby
shall run with the land, subject to the provisions of this
Agreement set forth hereinabove. The conveyance of an interest in
the Grantor's Property or any portion thereof, shall be subject to
the respective burdens and benefits hereby created to the same
extent as if all of the terms of this instrument were set forth in
such conveyance in full, with or without specific reference to this
Agreement.
9. RECIPROCAL EASEMENT. Grantor reserves an easement to itself
and or assigns to the EAST 16.9 feet of the NORTH 23.86 feet of the WEST
} of Lot 34, Sanford Central Park, Plat Book 33, Pages 64-66 of the Public
Records of Seminole County, Florida.
IN WITNESS WHEREOF, Grantor and the City have caused these
presents to be executed in manner and form sufficient to bind it
as of the day and year first above written.
Signed, sealed and delivered
in the_presence of:
STATE OF FLORIDA
COUNTY OF Semi no] P
SANFORD CENTRAL PARK, LTD., a
Florida limited partnership
BY: CBC Industrial Park, Inc.
-- ---a-Florida corporation, General Partner
B
"G TOR"
The foregoing instrument was acknowledged before me this 12th
day of August 19 91 , by Donald C Rauerle Jr
for Sanford Central Park, Ltd.
By:
Donald C. Bauerle, Sr. as General Partner
Notary Public
My Commission Expires:
7 �VBtC
RECORDS
?3 0607
CO. FL.
Signed, sealed and delivered
in the presence of:
t J .,Cl/�1/mAp_ By:J/�/ !J• ✓Ia,�iL�
"CITY"
STATE OF FLORIDA
COUNTY OF SEMINOLE
The foregoing instrument was a kn wled e€o a zne this 77W
day of 19 Q/ , by , as
of the City of Sanford.
Notary Public
My Commission Expires: t-
NOTARY pr"UC; S'.AT, OF r*OW!.'}��`ATeI.
My MWWS.SG+: EC.'WES ry 1,EAC} 2Q. I -hi
BONDEii iMRll LE.i:T ;:H d�cildy ems.
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LEGAL DESCRIPTION
5tS;�CLL CC. FL.
THE WEST 16.9 FEET OF THE NORTH 34 FEET OF THE EAST 1/2 OF LOT 34,
SANFORD CENTRAL PARK, PLAT BOOK 33, PAGES 64-66, SEMINOLE COUNTY
RECORDS.
013
1
m
FROM THEE LAND DEVELOPMENT T COORD �AtORK�J,
August 21, 1999
TO: City Clerk
SUBJECT: Cross Access Easement - Lot 34 - Sanford Central Park
Jan:
Attached are Declaration and Grant of Easements forms for cross- access easements
on the east one-half and the west one-half of Lot 34, Sanford Central Park. The west
one-half of Lot 34 received P & Z approval subject to the receipt of these easements prior
to the issuance of a building permit.
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