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222-Dewey & Edna Smith¥ .J --'~-CORBEO & VERIFI£~./D~~'~ ISBgFEB28 FM 1:37 DECLARATION AND GRANT OF EASEMENTS T~IS DECL~TION AND C~ EASE~NTS (hereinafter referred to as the "Easements Agreement"), is made, declared and entered into this 15th day of Decemb~, 1989by and between 9~dey H. ~ F~na P. Smith, ( OW/~ER ) (hereinafter referred to as the "Grantor") and the CITY OF S~/~FORD, FLORIDA (hereinafter referred to as the "City"). W I T N E S S E T H: I~-IEItF.~i, the Grantor is the owner in fee simple of certain real property located in Seminole County, Florida, more particularly described as Lot 2 o~ ~eor¢ia A~, Pg 7, Pq 52 o~ Sem. Co. ( LEGAL ) (hereinafter referred to as the "Grantor's Property"); and WHEREAS, there exists certain other property lying E~t (DIRECTION) of and adjacent to Grantor's Property with frontage for access on the same public street (hereinafter referred to as the "Adjacent ~ner's Property") (the owner thereof is hereinafter referred to as the "Adjacent C~4ner") and WHEREAS, in the future, Grantor desires to develop Grantor's Property; and WHEP~AS, in connection with the said development of Grantor's Property, Grantor desires access, ingress and egress between Grantor's Property and and feast 1~th Street (STREET) , a public street; %~S, the City has agreed to grant to Grantor access, ingress and egress between W~ 13th S~e~ and Grantor's (STREET) Property; and Wq{EP~AS, 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 .qe6 FxhibitA (at~ached) (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 1 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 the Adjacent Owner's,~ Property and Grantor's Property, and I~t 13th S~ee~ ; an~ (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 ~.;~t l$~h S~e~t 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 ingress and egress between the ~0~th boundary of the (DIRECTION) Grantor's Property and I,;~ ~ $~%~t (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 2 as the access, herein. 4. 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 W~t 13th St~e~ and the Adjacent Owner's Property and the (STREET) Grantor's Property or any portion(s) thereof, for the benefit 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) I~t 13th ~eet (hereinbefore and hereinafter referred (STREET) "R.O.W. Dedication"), save and except Grantor's rights of ingress and egress provided for in Paragraphs 2 and 4 GRANTOR'S ACCESS TO W. 13~h St., 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 w~ 13th S~e~ , (STREET) 3 together will the right to install, at any time and in Grantor's discretion, and subject to Cry of Sanf0rd approval appropriate ~ , ~ (AGENCY) o curb-cuts and other facilities between Grantor's Property an~ (~t 13th Street to facilitate such access, ingress and egres~ (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. 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. 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. R.O.W. CO~FEI~AI~T RUNNING WIT~ ~ LA~'D. The Access Easement and 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 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 The foregoing instrument was acknowledged before me this . . day of ~ /? , 19~f~ by _ N 66a~l~ffb~ c .... S~mission Expires: Signed, sealed and delivered in the presen.ce of: :- .. (1 By: "CITY" STATE OF FLORIDA COUNTY OF SEMINOLE The foregoing instrument was acknowledged before me~thj-_s, , ~- .-, .2~7~h_ day of February , 19 90, by Bettye D. Smith t/'~' ,Tc O'... Mayor of the City of San~. -,~ .~ , ? .: ~ ~ ~6ta~ PubXie / ~ ~y ~ission Expires: 5 E.~HIBIT "A" Descriotion of Cross Access Easement on Lot 2 to run to the benefit o~ Lot 1 of Georgia Acres, Plat Book 7, Page 52 of The Public Records of Seminole County, Florida. Cormmencing at the northeast corner of Lot 2 of Georgia Acres, Plat Book 7, Page 52 of the Public Records of Seminole County, Vlorida, proceed southerly along the east side of said Lot 2 for 50', thence westerly parallel to the north lot line of said Lot 2 for a distance of 24'; thence northerly paralleling the east side of said Lot 2 for a distance of 50' to the north lot line of said lot; thence easterly along the north lot line of said lot 24' to the point of beginning.