522 Kip & Cynthia Braden
~
-
-,..
11111111111111111111111111111111111111111111111 UIIIIIIIIIII
..
This instrument prepared by:
John W. Howell, Esq.
Holland & Knight LLP
200 S. Orange Ave., Suite 2600
Orlando, Florida 32801
MARYANNE MlikHL, CLlUK OF ClHCUn cOUln
SEMINOLE: ClJUNlY
BK 069e6 Pgs 09S~ - 960; (6pgs)
CLERK'S # 2008015732
RECOkDED 02/11/2008 10:48:50 AM
DEfiO one TAX 0."10
Rt:COI<OlN6 FH:!3 ::H:~. 50
RfiCOROlD BY L McKinl'y
Tax Parcel No. 07-20-31-300-0270-0000
GRANT OF EASEMENT
FOR ACCESS, DRAINAGE AND UTILITIES
This Grant of Easement For Access, Drainage and Utilities ("Easement"), given
the .ilL day of 0~, 2008, by Kip D. Braden and Cynthia L. Braden
("Grantor"), to the City of ford, Florida, a Flonda mUnIcIpal corporatIOn ("Grantee");
WIT N E SSE T H:
WHEREAS, a Development Agreement for the Magnolia Plantation Subdivision
was approved by the City of Sanford and recorded February 15,2001, in O.R. Book
4008, Page 1439, Public Records of Seminole County, Florida; and
WHEREAS, the Development Agreement required Systems & Electronics, Inc.,
the owner of a parcel located at the intersection of East Lake Mary Boulevard and the
roadway to be built by the Magnolia Plantation Subdivision developer, to grant an
easement to Grantee for the purposes of access, drainage, and utilities; and
WHEREAS, the Public Records of Seminole County, Florida, do not reflect that
any such easement was ever granted and recorded; and
WHEREAS, the roadway work described in the Development Agreement has
been fully performed and the roadway required to be built by the Magnolia Plantation
Subdivision developer has been built and is in operation; and
WHEREAS, Grantor is the successor to Systems & Electronics, Inc., in title to the
property more specifically described in Exhibit "A" attached hereto (the "Property"); and
WHEREAS, Grantor wishes to correct the error and at this time comply with the
requirements of the Development Agreement by granting, nunc pro tunc, the specified
easement to Grantee;
1
NOW, THEREFORE, in consideration ofthe sum ofTen Dollars ($10.00) and
other good and valuable consideration, the receipt and sufficiency of which are hereby
acknowledged, the parties agree as follows:
1. Grantor hereby grants to Grantee a non-exclusive, perpetual easement for
access, drainage, and utilities over the land described more specifically in Exhibit "B"
attached hereto (the "Easement Area"). It is the intent of this Grant of Easement for
Access, Drainage and Utilities to create an easement appurtenant that runs with the land
and to the benefit of Grantee and the public at large. The roadway, drainage, and city
utility improvements within the Easement Area shall be maintained by Grantee, while the
landscaping and grass shall be maintained by Grantor.
2. In the event it becomes necessary for Grantee to enter upon the Easement
Area for installation, maintenance, or repair of roadway, drainage, or city utility facilities,
Grantee shall return the Easement Area to the condition it was in before such installation,
maintenance, or repair.
3. This Grant of Easement is intended to create an easement appurtenant,
which shall run with the land.
IN WITNESS WHEREOF, Grantee has executed this instrument on the date
shown below.
WITNESSES:
~~/^)!;'S
~li)~~n
Print name: --ft1F:J I NC-rtJ'it::N
~
k~
Date: I / 10 lOr;{
I I
~~~~
Date:-J ) I 0 / /) [(
I I
~.s)
Print name: USW 6fl11U ~
~J9
Print name: ~ ~::;'rEi....j
2
The foregoing instrument was acknowledged before me this JI2. day of
~, 2008, by Kip D. Braden and Cynthia L. Braden, who YJ are personally
wn to me () have produced
as identification.
STATE OF FLORIDA
COUNTY OF SEMINOLE
...;.'t;,;:r..'.... SUSAN D. GAINES
!:f-'~~ ~;o MY COMMISSION ~ 00 664830
~}.~.~g EXPIRES: Ap;iI19, 2011
"~i'(;F',:J~l Bonded Thm Notarv Public Underwriters
"II'Ut"
(SEAL)
~J].~
. 8U0,f--1J o. 6T11 DE.. ~
Notary Public-State of FWtZI M
Commission Number: bD (p(pt/~30
3
EXHIBIT "A"
PROPERTY LEGAL DESCRIPTION
The South 1/2 of the Southwest 1/4 of Section 7, Township 20 South, Range 31 East,
Seminole County, Florida, lying East of the Seaboard Coastline Railroad, LESS the
North 40 feet thereof for Silver Lake Drive (now known as East Lake Mary Boulevard).
4
EXHIBIT "B"
EASEMENT AREA LEGAL DESCRIPTION
The Northern six hundred fifty feet (650') of the Eastern thirty feet (30') of the
following real property:
The South 1/2 of the Southwest 1/4 of Section 7, Township 20 South, Range 31 East,
Seminole County, Florida, lying East of the Seaboard Coastline Railroad, LESS the
North 40 feet thereof for Silver Lake Drive (now known as East Lake Mary Boulevard).
5
JOINDER AND CONSENT BY MORTGAGEE
The undersigned hereby certifies that it is the holder of that certain Mortgage and
Security Agreement and Fixture Filing Statement recorded in Official Records Book
6777, Page 969, Public Records of Seminole County, Florida, which encumbers Property,
and that the undersigned hereby joins in and consents to the foregoing Grant of Easement
for Access, Drainage and Utilities, and agrees that the lien of its mortgage shall be and is
hereby made subordinate to the foregoing Grant of Easement for Access, Drainage and
Utilities.
Signed, sealed and delivered
in the presence of:
,)
;0LI!~f \,t';JJdiL
Print N ame( BE Tr'( LE: /Lfc!<e-
~.. ./ /~~/ /,;/ .;
-~ -or '-+-, p.,
,); )ctu1t, ,I. / ,. ~jt?)It.~.
~Print Name: Lc;i;;(''; C Let. oS t",...,
/1
/ }
THRIVENT FINANCIAL FOR
LUTHERANS, a Wisconsin
corporation
By: ...',;.(~(t;/~J; 1;
Print Name: Wayne C. Streck
Its: Ass't. Vice President
STATE OF CX\ \ ,'\ ~~ ':;) ".:\ c\..
COUNTY OF \\~I(\'(\"!. pZ,,\
The foregoing instrument was acknowledged before me this \ 'S day of
~)\\U~::\ , 2008, by ~a~ne C Strecvhe Ass't. Vice President of
Thrivent Financial for Lutherans, a i consm'corporaYion, on behalf of said corporation,
who is. personally known to me or who produced ---...-..--..-..--.. as
identification.
.-.~ ~- -~11-"" _------- __.-..........._____.
J \ LUANA K. THOMPSON _nl
i Notary ~. f.tnnesOII
._~~~~~_-=-- JIn. 31. 2010
- ~- - --~~---.Jl;N
Nota~YiPublic ~
.". '../ /7
.~~1~ /,-- /::;;"l~
Jrint Nam~: ~u<J (\0... 1.( -Ttl-C ''"'fb~ n
My CommIsSIOn ExpIres: (. 2,t ~~l<:l
R: Thriven! Financial Kip Braden-Empire Window Joinder and ConsenLdoc