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MARVAt-..~ MORSE, CLERK OF CIHCUn CiJUlH
SEMINOLE COUNTV
BK 06997 Pgs 1901 - 19091 (9pgs)
CLERK'S # 2008059886
RECORDED OS/22/200& 11:18:54 AM
DEED DOC TAX 0.70
RECORDING FEES 78.00
RECOR~D BV T S.ith
This instrument prepared by:
John W. Howell. Esq.
Holland & Knight LLP
200 S. Orange Ave., Suite 2600
Orlando, Florida 32801
Tax Parcel No. 07-20-31-300-023A-OOOO
(/)
GRANT OF EASEMENT
FOR ACCESS, DRAINAGE AND UTILITIES
This Grant of Easement For Access, Drainage and Utilities ("Easement"), given and
made the 'i 0> day of ::JA..f-l tM't~ V , 2008, by Invacare Corp., an Ohio corporation
("Invacare"), to and by the City of Sanford, Florida, a Florida municipal corporation ("City");
WIT N E SSE T H:
WHEREAS, Invacare is the fee simple owner of that certain real property in the city of
Sanford, Seminole County, Florida. more specifically described in Exhibit "A" attached hereto
and incorporated herein; and
WHEREAS, a Development Agreement for the Magnolia Plantation Subdivision was
approved by the City and recorded February 15, 2001, in O.R. Book 4008, Page 1439, Public
Records of Seminole County, Florida; and
WHEREAS, the Development Agreement set forth the agreement between the City, the
developers of the Magnolia Plantation Subdivision, and nearby landowners (including Invacare)
to establish a public right-of-way for that segment of Mellonville Avenue south of Lake Mary
Boulevard and leading into the Magnolia Plantation subdivision, and the construction of a road
within that right-of-way to the immediate west ofInvacare's Exhibit "A" property; and
WHEREAS, the Development Agreement contained a provision by which Invacare
would retain the right to use a portion of the created right-of-way for its storm-water
management; and
WHEREAS, contrary to the intent of the Development Agreement, the Public Records of
the City and of Seminole County, Florida, do not reflect that any such public right-of-way was
established of record for that portion of Mellonville Avenue contiguous to the western boundary
of Invacare's Exhibit "A" property; and
WHEREAS, the roadway work described in the Development Agreement has been fully
completed and the road required to be built by the Magnolia Plantation Subdivision developer
has been built and is in operation; and
WHEREAS, the City wishes to correct the public records by establishing the Mellonville
Avenue public right-of-way of record, as was originally intended; and
WHEREAS, Invacare also wishes to correct the error and, in return for the granting of
this Easement, the City agrees to relinquish its claim to an easement over Invacare's retention
pond area and to leave it unencumbered by this Easement; however, in order for the City to be
able to perform its public safety function, Invacare desires to grant to the City an emergency
access easement to the storm drainage system over the retention pond parcel for emergency
maintenance purposes;
NOW, THEREFORE, in consideration of the sum of Ten Dollars ($10.00) and other
good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged,
the parties agree as follows:
I. Invacare hereby grants to City 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 Agreement to create an easement appurtenant that
runs with the land and to the benefit of the City and the public at large.
2. Except as otherwise set forth herein, the roadway, drainage, and city utility
improvements within the Easement Area shall be maintained by the City.
3. In the event it becomes necessary for City to enter upon the Easement Area for
installation, maintenance, or repair of roadway, drainage, or city utility facilities, City shall
return the Easement Area to the condition it was in before such installation, maintenance, or
repair.
4. Contrary to the terms of the Development Agreement, and in return for Invacare's
granting of this Easement, the City hereby relinquishes and waives its right to receive an
easement over lnvacare's retention pond, and the Exhibit "B" legal description of the Easement
Area attached hereto specifically excludes Invacare's retention pond area from the effect of this
instrument. Therefore, Invacare shall retain fee simple ownership of the retention pond
unencumbered by this grant of easement.
5. Invacare hereby grants to City a non-exclusive, perpetual easement for emergency
access to the storm drainage system over the retention pond parcel, as more specifically
described in Exhibit "C" attached hereto and incorporated herein (the "Retention Pond Parcel").
In the event inadequate maintenance of the Retention Pond Parcel creates a hazard to the public
health, safety, and general welfare, City may enter the Retention Pond Parcel and perform such
maintenance, repairs, or other remedial action as necessary to abate such hazard. This
emergency access easement does not create or impose any obligation, burden, responsibility, or
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liability on the City to enter upon the Retention Pond Parcel or to take any maintenance, repair,
orremedial action whatsoever.
6. It is the intent of this Agreement to create property rights that run with the land
and inure to the benefit of the successors and assigns of the parties.
[The balance of this page left blank intentionally.]
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IN WITNESS WHEREOF, Invacare and City have executed this instrument on the dates
shown below.
WITNESSES:
INV AC~RE CORP., an Ohio corporation:
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Signature
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Sign re
Ronald Thomas
Printed Name
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Printed Name
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Signature
t..t~ ,t:~ F, rJ ItrJ II A L (){:f 1(2.cR.,.
Title
\IItrDI2/4 t.. ~-SS/l::
Printed Name
"3A.tJ u..A fZ. \f t.t ::,h'Y!~
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Date
STATE OF OHIO
COUNTY OF LORAIN
The foregoing instrument was acknowledged before me this :-/ ~ day of
~v..~R.1./ ,2008, by ~K.." e. ~P.s(',J, as C!.ro of Invacare
Corp., an Ohio corporation, on behalf of the corporation. He/she~) is personally known to me
or ( ) has produced --..---. as identification.
(SEAL)
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Attest:
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STATE OF FLORIDA
COUNTY OF SEMINOLE
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CITY OF SANFORD
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Linda KU~, M~;r --1
01-'0'" -08
Date
. The foregoing instrument was acknowledged before me this qjf-. day of
~ ' 2008, by Linda Kuhn, as Mayor of the City of Sanford, who is personally
own to m r has produced as Identification.
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Notary Public-State of Florida
Commission Number: :bi) 3<(uCr:')../
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Bonned rn;~ ,\.,t:lf; II
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DEBFi'i\ C SIMMONS
~..,'';; '.;I:';:f: 0f Flonda
'.u"cs J:Jiy 25 2008
liu DO 340621
~ J 1800 )451-4854
5
EXHIBIT "A"
PROPERTY LEGAL DESCRIPTION
The west 871.2 feet of the north 625 feet of the Southwest 1/4 of the Southeast 1/4 of Section 7,
Township 20 South, Range 31 East, Seminole County, Florida, LESS the North 40 feet thereof
for Silver Lake Drive (now known as East Lake Mary Boulevard).
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EXHIBIT "B"
EASEMENT AREA LEGAL DESCRIPTION
The westerly thirty feet (30') of the following real property:
The west 871.2 feet of the north 625 feet of the Southwest 1/4 of the Southeast I /4 of Section 7,
Township 20 South, Range 31 East, Seminole County, Florida, LESS the North 40 feet thereof
for Silver Lake Drive (now known as East Lake Mary Boulevard);
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EXHIBIT "C"
RETENTION POND PARCEL
LEGAL DESCRIPTION
Specific Area for Emergency Access by the City of Sanford for hazard abatement is described in
Exhibit C attached hereto and made a part hereof.
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SEMINOLE COUNTY PROPOSED
POND REVISIONS
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EXIST. PAVED DRIVE
PROP. 18" RCP (PER SEMCO.)
.., PROPOSED NEW ACCESS TO
. NVACARE GORp'0RA110N SITE
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, SPILLWAY TO
REMAIN
EXlSl1NG POND TO REMAIN
(R/W USE PERM.IT)
, CONCRETE
PARKING
c/L Of EXIST.lNG 50-FOOT R/W
E: FRED ~WAI.tS SURVEY AND NOTES
PLAT IN SECllONS 7 & 18, T-20. R-31
SEMINOLE COUNn' RECORDS
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& ElECTRONICS
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EXHIBIT C