125-Breakwater & Shoreline EaseBOARD
OF TRUSTEE~ OF THE INTERNAL
NO. 26452(3440-59)
pursuant
Statutes,
on this
of
EASEMENT
I~FFtC~,&
IMPRO' EME ' TR TF §D ozs7
SEHINOLE CO. FL.
WHEREAS, pursuant to application made by the City of
Sanford for a breakwater and shoreline stabilization easement on
across sovereignty lands held by the Board of Trustees of the
Internal Improvement Trust Fund of the State of Florida, acting
to its authority set forth in Section 253.03, Florida
and said Board through its lawfully designated agent, did
to the granting
ID~day of Iv~ARC~ A.D. 19~Lagree
same:
THEREFORE, WITNESS THIS INDENTURE,
and between the BOARD OF TRUSTEES OF THE
made and entered into
by INTERNAL IMPROVEMENT
TRUST FUND, as GRANTOR, and the CITY OF SANFORD as GRANTEE. The
Grantor hereby grants unto said Grantee, its successors, and
assigns, subject to the conditions hereinafter set forth, a
breakwater and shoreline stabilization easement for the maintenance
of the shoreline as shown on the attached site plan drawing and in
conjunction with Legislative Act, Chapter 65-2213 attached hereto as
Exhibit "A" and made a part hereof, on, under and across the
following described sovereignty land in Seminole County, Florida
to-wit:
and
( SEE
LEGAL DESCRIPTION ATTACHED HERETO AS EXHIBIT "B" AND MADE A
PART HEREOF) ~.m~ Tn', ~. '~ ~? ~---~ .
THIS EASEMENT IS FOR A BREAKWATER AND SHORELINE
STABILIZATION EASEMENT FROM THE EFFECTIVE DATE HEREOF.
AND CONDITIONS UNDER WHICH THIS EASEMENT IS GRANTED ARE
THE TERMS
AS FOLLOWS:
1. Any activity or expansion of structures into the
easement area from the dedicated area described in Exhibit "A" is
expressly prohibited without the express written consent of the
Grantor. If at any time in the future the Grantee proposes to
expand any structure, the subject easement area may be removed from
the easement parcel and subject to a sovereignty submerged land
lease.
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2. The rights hereby conferred shall be subject to (a) any
and all prior rights of the United States; and (b) any and all prior
grants by the Board of Trustees of the Internal Improvement Trust Fund
in and to submerged lands situated within the limits of the right-of-
way hereinabove described.
3. The Easement granted to the named Grantee shall not be
transferred without prior consent of the Board.
4. The Grantee agrees that upon expiration of this
easement, all permission granted for breakwater and shoreline
stabilization upon the hereinabove described lands shall cease and
terminate, the Grantee shall remove all structures and equipment
occupying said lands and erected thereon at the Grantee's expense.
5. That no title to said land is conferred by this
instrument.
6. That the above described parcel of land shall be used
solely for the breakwater and shoreline stabilization. In the event
the land herein described shall cease to be used for said purposes,
then the easement hereby granted covering said land shall terminate
without notice from the Board of Trustees of the Internal
Improvement Trust Fund.
7. That the Grantee herein will not damage said lands or
unduly interfere with public or private rights therein.
8. That the Grantee herein shall save, protect, and hold
harmless the State of Florida and the Board of Trustees of the
Internal Improvement Trust Fund from all damages and claims arising
out of
agents,
parcel of
designated
the use of said easement by the Grantee or any of its
servants, employees, or contractors.
9. The Grantee hereby agrees that the
land shall be subject to inspection by
agent at any reasonable time.
above-described
the Grantor or its
Page 2 of
Easement No. 26452(3440-59)
10. That the Grantee,
binds itself, its successors and
provisions and conditions herein
by acceptance of this easement,
assigns, to abide by the
set forth, and said provisions and
conditions shall be deemed covenants of the Grantee, its successor~
and assigns, running with the land. In the event the Grantee
fails or refuses to comply with the provisions and conditions
herein set forth, or in the event the Grantee violates any of the
provisions and conditions herein, this easement may be terminated
by the Grantor after notice in writing to the Grantee. Upon
receipt of such notice the Grantee shall undertake to correct such
noncompliance(s) or violation(s) for which the Grantor has given
notice within thirty (30) days of receipt of the notice or the
Grantor, at its option, shall be entitled to terminate this ease-
ment and, if terminated, all of the above-described parcel of land
shall revert to the Grantor.
TO HAVE AND TO HOLD said easement unto said Grantee, its
successors and assigns, for the purposes herein set forth.
IN TESTIMONY WHEREOF, the lawfully designated agent of
the Board of Trustees of the Internal Improvement Trust Fund has
hereunto subscribed his name and has caused the official seal of
the Board of Trustees of the Internal Improvement Trust Fund to be
hereunto affixed, in the City of Tallahassee, Florida on this %~
A.D. '
day of ~C~
1984, the effective date hereof. -
BOARD OF TRUSTEES OF THE INTERNAL ~
EnTOR, DZV SION S?ATE %ANDS
{ ~ENT FOR THE BOARD OF TRUSTEES
\ O~ THE INTERNAL IMPROVEMENT TRUST
k ND
AP~~GALITY
Page 3 of
Easement No.
26452(3440-59)
EXHIBIT "B"
Page~ of Z
DESCRIPTION
Beginning at the intersection of the East right-of-way
line of Park Avenue extended and the Northerly right-of-way line
of Seminole Boulevard as shown on the plat of Lake View Park
recorded in Plat Book 3, Page 41 of the Public Records of
Seminole County, Florida; thence run S.69°t6,45,,E. along said
Northerly right-of-way of Seminole Boulevard 1600.00 feet; thence
run N.20043,15,,E., 900.00 feet; thence run N.69°16,45,,W. 440.00
feet; thence run N.20o43,15,,E. 60.00 feet; thence run N.69o16,45,,W.
1087.94 feet; thence run S.34~43,15,,W. 553.07; thence run
S.68°43'15"W. to the Northerly extension of Easterly Bulkhead of
a City Park; thence run Southerly along said extension and
Bulkhead to the P.O.B..