223-Bush Boulevard Partnership HARYAL:
:;LERK OF C:
SEHIHO[ E,
-~ECORDED & yERtFIE~
DECLARATION AND GRANT OF EASEMENTS
THIS DECLARATION AND GRANT OF EASEMENTS (hereinafter referred to
as the "Easements Agreement"), is made, declared and entered into this
~day of February, 1990 by and between BUSH BOULEVARD PARTNERSHIP, a
Florida general partnership (hereinafter referred to as the "Grantor")
and the CITY OF SANFORD, FLORIDA (hereinafter referred to as the
"City").
WITNESSETH:
W~RwEAS, the Grantor is the owner in fee simple of certain real
property located in Seminole County, Florida, more particularly
described on Exhibit "A" attached hereto and made a part hereof by
this reference (hereinafter referred to as the "Grantor's Property");
and
W~RREAS, there exists certain other real property lying south of
and adjacent to Grantor's Property (hereinafter referred to as the
"Adjacent Owner' s Property" ) ( the owner thereof is her einaf t~
referred to as the "Adjacent Owner") as more particularly described
Exhibit "H", attached hereto; and
W~RREAS, in the future, Grantor
Property; and
W~RREAS, in connection with the
desires to develop
Grantor
said development of Grantor s
Property,
Property and U.S. Highway 17-92; and
WHEREAS, the City has agreed to grant to Grantor access,
and egress between U.S. Highway 17-92 and Grantor's Property;
W~RREAS, subject to the terms hereof, Grantor
Grantor desires access, ingress and egress between Grantor s
ingress
and
desires by
execution hereof to declare and grant an access, ingress and egress
! o~easement over, across and through a portion of the Grantor's Property
described on Exhibit "C" attached hereto and made a part hereof (said
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
Documentary Tax Pd. $
$ ........ ntangible Tax
County By,
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 the Adjacent Owner's
Property and Grantor's Property, and U.S. Highway 17-92; and
W~R~EAS, 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 and is more particularly described on Exhibit "D"
attached hereto (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 U.S. Highway 17-92 and the
Grantor's Property and Adjacent Owner's Property; and
W~EAS, subject to the terms hereof, Grantor also desires b~i
execution hereof to dedicate to the City Grantor's right to permi%~
ingress and egress between the eastern boundary of the Grantor's
Property and U.S. ~{ighway 17-92 (hereinafter referred to as the
"R.O.W. Dedication").
NOW T~{EREFORE 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 EAS~NT. There shall be, and Grantor hereby creates,
declares to exist, grants and conveys to the Adjacent Owner a non-
2
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 U.S. Highway 17-92 and
the Adjacent Owner's Property and the 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 eastern
boundary of Grantor's Property and U.S. Highway 17-92 (hereinbefore
and hereinafter referred as the "R.O.W.
Grantor's rights of access, ingress
Paragraphs 2 and 4 herein.
4. GRANTOR'S ACCESS TO U.S. 17-92.
forth herein to the contrary and any of
Dedication"), save and except
and egress provided for in
Notwithstanding anything set
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 depicted
on Exhibit "E," and U.S. Highway 17-92, together will the right to
3
install, at any time and in Grantor's discretion, appropriate curb-
cuts and other facilities between Grantor's Property and U.S. Highway
17-92 to facilitate such access, ingress and egress rights. Grantor
covenants and agrees to remove any driveway and curb cuts in Exhibit
"E" and to landscape consistent with Exhibit "A" concurrent with the
installation of appropriate facilities for ingress and egress on the
Access Easement Area and Companion Access Easement Area described in
paragraph "2" above.
5. 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. It shall be the obligation of Adjacent Owner to maintain the
Companion Access Easement Area and any improvements located therein
and thereon consistent with the City Code of the City of Sanford,
Florida.
7. NO
RIGRTS 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
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.
4
FL.
IN WI~ESS W~IRREOF, Grantor and the City have
presents to be executed in manner and form sufficient to
the day and year first above written.
caused
bind it
these
as of
Signed, sealed and delivered
in the presence of:
BUSH BOULEVARD PARTNERSHIP, a
Florida general partnership
Ronald L. Hooker, a general
partner
"GRANTOR"
CITY OF SANFOIRD, FLORIDA
By:
' ' ' -%~I_TY" ~
STATE OF FLORIDA
COUNTY OF ORANGE
The foregoing instrument was acknowledged before me
of February, 1990, by Ronald L. Hooker, as general partner
Boulevard Partnership, a Florida gen~.e.~l partn~ship.
/
;
Notary Public
My Co.mascon Expires:
STATE OF FLORIDA
COUNTY OF SEMINOLE
The foregoing instrument was acknowledged before me
of February, 1990, by Bettye D. S~ , as Mayor
City of Sanford
5
EXHIBIT A
LEGAL DESCRIPTION WRITTEi, _~ SURVEYOR: P~S,E
Prom the Northwest corner of ~he Southwest 1/4 of Section 14, T20S, R30E, '
Seminole County. Florida run South 300.00 feet along the West line of said S[~{NCL[ C~.
Southwest 1/4; thence S 59~43'11' B 1046.58 feet to the Northwester~ Righ~
of Way of State Road 25 and 600; thence 9 40'45'09' W along smid Right of Wu/
20.34 feet to the Point of Beginning; thence 9 40'45'09' W along sal~ Right
of Way 205.38 feet; thence depurting said Right of W~ run N 58'14'51' W
155.43 feet; thence N 27~45'09' B 47.33 feet; thence N 05'42'33' E 165.68
feet; thence S 59'43'1~' E 263.69 feet to the Point of Beginning. containing
0.927 acres more or
I hereby ce,ify that ~e ~. repre~nt~ on ~is map w~ made under my dl~on on the date ~own ~ on the
information furnished to me as not~ and conforms m the ~IHI~U~ TECHHI~L STAHD~DS FOR
~RVEYIHG IH THE STATE OF FLORIDA in accordance wi~ CH. 21HH.6, RoHda Admini~aflve C~e and ~at there is
no evidence on the ground of u~ of ~e pro~y which might sugg~ a ~ible claim of ea~ment o~er ~an ~ose
shown on the su~ey.
Bush Boulevard Partnership · ~ lrom R~ SOUTH~S~RNSURV~ING&MAPPINGCORR
t Fern Par~ F~rida
x = Cro~ Cut
LEGAL DESCRIPTION WRITTE. _! SURVEYOR:
From the Northwest corner of the Southwest 1/4 of Section 14, T20S, R30E,
Seminole County, Florida run South 300.00 feet along the West line of said S~M~NOLE. C~3. f'L.
8outhwest ~/4: thence S 59'43']1" E ~046.58 feet to the Northwesterly Right
of Way of S.R. ]5 and 600; thence S 40'45'09" W along said Right cfi Way
225.72 feet to the Point of Beginning; thence S 40'45'09" W along maid Right
of Way 93.55 feet; :hence departing said Right of Way run N 58']4'5~' W
126,00 feet; thence N 40~45'09' E 66.55 feet; thence N 58'~4'51" W 33.34
feet; thence N 2~'45'09" g 26.73 feet; thence S 58*]4'5]"
the Poin: of Beginning. containing 0,268 acres more or leas.
I hereby ce~ffy that the ~. r~pr~nt~d on ~i* m~p w~, m~d~ under m~ dillon on th~ d~t~ ~hown ~ on th~
in[orm~tion [urni~hed to m~ ~* noted *nd confor~ to th~ ~l~l~O~
~RVEYIHG IH THE STATE OF FLORIDA in accor~nce with CH. 21HH-6, Rodda Admini~rafive C~e and ~at there is
no evidence on the ground of u~ of the pm~y which might sugge~ a ~ble claim of ~ment o~er than ~ose
shown on the su~ey.
The Su~eyor has not abstra~ed the lands ~wn hewn for e~men~ and/or ~ ~ way ~ ~d.
Ho underground installations or im~ovemen~ have ~n ~ ex~ ~ ~ed.
i'
LE~E~D
Bush Bou~eva:d ~a~cne:sh$p · ~ Iron R~ 8OUTH~TERN 8URV~IN~ & ~PPlN~ GORP.
O a Iron R~
~ ~ Conc. ~nument ~ ~71~7~ ~ ~
~ ~ ~ail ~ D~.
x a Cro~ Cut
OE~T. NO. LB-~I~ Rev~: e~~ ~,~
EXHIBIT C
LEGAL DESCRIPTION WRITTI~ BY SURVEYOR:
Proposed 15 foot easement
From the Northwest corner
Township 20 S, R&nge 30 E,
for driveway.
of the Southwest
Seminole County,
Z/4 of Section 14
Florida run South
300.00 feet alan§ the West line of said Southwest 1/4; thence
tun S 59"43'11" E. 1046.58 feet to the Northwesterly Right-
of-Way lzne of S.R. 15 and 800; thence run S 40'45'09" W.
along said Right-of-way line 210.53 feet to the Point of
Begznnlng; thence continue aton~ saxd Right-of-way line S 40'
45'09" W. 15.[9 feet; thence run N 58' 14'51" W. 50.82 feet;
thence tun N 40° 45'09" E. 15.19 feet; thence run S 58'14'51"
E. 50.62 feet to the ~olnt of Beginning.
I hereby certify that the c:~_e~=, represented on this map was made under my direction on the date shown based on the
in~orrnation [umished to me as noted and conforms to the /vtlHI/~,,(J~ TECHHICAL STAHDARDS FOR LAHD
S(JRVEYIHG IH THE STATE OF FLORIDA in accordance with CH. 2 ! HH-6, Florida Administrative Code and that there is
no evidence on the ground of use of the property which might suggest a possible claim of easement other than those
shown on the survey.
The Surveyor has not absttac~ed the lands shown here~ I~' eaaement~ anti/re' right~ o! way ~ re(ord.
~o underground installations or improvements have been located exce~ es no,ed,
Certifiecl to b No.: ~.~-
,.E,~ I
Bush Boulevard Partnership
LEGEND
Inn Rod
Iron Pipe
Conc, ~onument
Hail 6- Disc.
Cross Cut
CERT. NO, LB-2108
Revised:
SOUTHEASTERN SURVEY;NG & MAPPING CORP.
2~01 Wells Avenue, Suite 181
t Fern Park, Flortds 32730
LEGAL DESCRIPTION WRITT~.~ BY SURVEYOR:
Proposed 15 foot easement for driveway.
From the Northwest corner of the Southwest 1/4 of Section 14,
Township 20 S, Range 30 E, Seminole County, Florida run South
300.00 feet along the West line of said Southwest 1/4; thence
run S 59"43'11" E. 1046.58 feet to the Northwesterly Right-
of-Way iine of S.R. 15 and 600; thence run S 40'45'09" W.
along said Right-of-Way line ~5.72 feet to the Point of
Beglnnlng; thence continue along said Right-of-Way line S. 40'
45'09" W. 15.19 feet; thence run N 58' 14'51" W. S0.~ feet;
thence run N 40' 45'09" E. 15.19 feet~ thence run S 58" 14'51'
E. 50.62 feet to the Point of Beginning.
,o° ,,/
I here~y ce~i[y that the ~. r~pr~nt~ on ~i, m~p w~ m~d~ under my dir~ion on ~e d~t~ ~own b~d on the
information [urni~h~d to m~ ~ noted ~nd eon[om to th~ ~1~1~0~ TECH~I~ STandARDS FOR
~RVEYIHG IH THE STATE OF ~ORIDA In acmr~nce with CH. 21HH-6, Roflda Admin~a~e C~e and ~at there is
no evidence on the ground o~ u~ of ~e pro~y which might sugg~ a ~ble c~im of ea~ment o~er ~an ~ose
shown on the su~ey.
The Su~eyor has not abstra~ed the ~ndl ~own ~ I~ e~n~ ~ ~ ~ way ~ r~d.
~GEHD
Bush Boulevard Partnership · ~ I~n R~ SOUTH~STERNSU~ING & ~PPING
o ~ Iron ~ ~1 Welle A~nue, Suite 181
O ~ Conc. ~ument t Fern Par~ Florida ~
e ~Hail~D~.
x ~ Cro~ Cut
CERT. NO. LB.21~ Revi~: -~o~
LEGAL DESCRIPTION WRI/'i_,, BY SURVEYOR:
Proposed 24 foot easement for Driveway.
From the Northwest corner of the Southwest 1/4 Section 14,
Township 20 S, Range 30 E, Seminole County, Florida run South
300.00 feet along the West line of said Southwest 1/4; thence
run S 59'43'11" E. 104S.58 feet to the Northwesterly Right-
of-Way l~ne of S.R. 15 and 600; thence run S 40' 4S'09"
along sa~d R~ght-of-Way line 18~.23 feet to the Point of
Beginning; thence continue along sald Right-of-Way line S
45'09" W. 24.30 feet~ thence run N 58' 14'51" W. 50.S2 feet;
thence run N 40'45'09" E. 24.30 feet~ thence run S 58'14'51"
E. 50.S2 feet to the Point of Beginning.
I hereby ce~i[y that th~ ~.r~pr~nt~d on ~i~ m,p w,~ m~d~ under my dir~ion on ~ d~t~ ~o~n ~ on the
in[orm~tion [urni,h~d to m~ ~ noted ~nd confor~ to th~ ~1~1~0~ T[CH~ICAL ST~DAR~ FOR
~RVEYIHG IH THE STATE OF ~ORIDA In accor~nce with CH. 21HH.6, Roflda Admini~aflve C~e and that ~em is
no evidence on the ground of u~ of the pro~ffy which might sugg~ a ~bie c~im of ea~ment o~er ~an ~ose
shown on the su~ey,
LEOE~D ~ '
5ush Sou[eva:d ~a:~ne:sh:p · ~ Iron R~ S~STERN SURV~tNG & ~PPING CORR
O a Iron ~ ~1 Wells Avenue, Suite 181
[ Fern Park, F~lda ~7~
~ a Conc. ~nument A ~71~7 a ~ . ~
x ICm~Cut ~