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503-Corso, Hanes, & ShoemakerThis agreement was prepared by and should be returned to: Meredith H. Pickens, Esquire Shutts & Bowen LLP 300 S. Orange Ave., Suite I000 Orlando, Florida 32801 Telephone: 407-423-3200 DEDICATION OF PERPETUAl, NONEXCLUSIVE UTILITY EASEMENT MA~Y~A~IE MLlt~ [~.ERI( JIF I~I~;UIT (~81]RT ~I~LE ~ 05366 PBS CLERk* S · ~ TAX ~ RE~R~I~ FEE~ ~ ~)R~ BY L THIS DEDICATION OF PERPETUAL NONEXCLUSIVE UTILITY EASEMENT, is made and entered into this -'/--ri4 day of A ?Att-.- ,2004, by ELIZABETH S. CORSO, as to a 1/3 undivided interest, TAMMY S. HANES, as to a I/3 undivided interest, and ALAN DEAN SHOEMAKER, as Trustee of the Alan D. Shoemaker Trust dated June 12, 2000, as to a 1/3 undivided interest, whose mailing address is Post Office Box 1885, Sanford, Florida 32772, hereinafter collectively referred to as the GRANTOR, and the CITY OF SANFORD, a political subdivision of the State of Florida, whose address is 300 North Park Avenue, Sanford, Florida 32771, hereinafter referred to as GRANTEE. W ITNESSETH: THAT THE GRANTOR, for and in consideration of the stun of $10.00 and other valuable consideration, the receipt and sufficiency of which is hereby acknowledged, by these presents does, subject to the terms and conditions contained herein, dedicate unto GRANTEE, a perpetua/ non-exclusive easement for utility purposes, including, but not limited to, such services as sewer, water, irrigation, electricity, gas, cable television, drainage and other utility purposes, with full authority to enter upon and construct, use, maintain, repair, replace and operate all utility lines, pipes, and facilities incident to the use and enjoyment of such easement now existing and hereafter constructed over, across, under and through the real property situated in Seminole County, Florida and more particularly described on Exhibit "A" attached hereto and incorporated herein by this reference (the "Easement Area"). Tax ID# 34-19-30-5AK-0B00-0490 TO HAVE AND TO HOLD said utility easement unto GRANTEE for the use of the general public. GRANTEE shall have the right to clear all ,~--,,v, trees undergro~li; a~ 9ther obstructions encroaching onto the Easement Area, which may tnt~fere ~hll ~ useartd~ enjoyment of the Easement Area. 10219626-1 GRANTOR agrees not to build, construct or place any buildings, structures, barriers or any other improvement on the Easement Area which would disturb or interfere with the use and enjoyment of the utility easement and the rights granted herein. GRANTOR warrants that it is the fee simple owner of the Easement Area and that it has full power and authority to create and grant this utility easement. GRANTEE, as part consideration for this dedication, agrees to hold harmless, indemnify and defend the GRANTOR, its successors and assigns against any and all claims, losses, damages or lawsuits for damages, arising from, allegedly arising from or related to the construction, maintenance or repair of the Easement Area. IN WITNESS WHEREOF, GRANTOR sets its hand and seal on the day and year first written above. Wltness ~5~tness ' Print Name Witness P e Print Nane Witness ~tness Print Name GRANTORS !/3 undivided interest E~,as to a 1/3 undivided interest ALAN D. SHOEMAKER TRUST dated June 12, 2000 Alan D. Sl~oemaker, Trustee 10219626-1 2 ACCEPTACE OF DEDICATION The GRANTEE hereby accepts the Dedication of Perpetual Nonexclusive Utility Easement on this ~,~-,cM. day of --~'.~x-~_ ,2004. STATE OF ~,d~ ) COUNTY OF~.~ ~ ) Print Name: ~ The foregoing instrument was acknowledged before me this ,7 ~ day of ~,~/~24~),, ,2004, by Elizabeth S. Corso, who is personally known to me or has prcktuced as identification.-~ otary Public,~State df Print Name:/~ 77(,'~,. r¢ Commission No. STATE OF,-~a~)~) ) JIS:' ~,~'~;~ MYCOMMISS10N#DD099327 COUNTY OF~~ ) 1/¢~ EXPIRES: Apd~ 5, ~The foregoing ins~ment was ac~owledged before me this ~ ~ day of ~ ,2004, by Tmmy S. H~es, who is personally ~own to me or has p~duced as identification. Notary Public,~tat& of~~ Print Nme: ~ :¢ ,, ~ Commission No. My com~ssion exp~~ STATE OF ~/~ ) :"~ ~ _ The foregoing instrument was ac~owledged before me this ~ ~ day of ~, ,2004, by AI~ D. Shoemaker, as Trustee of the Alan D. Shoemaker 'F~t dated June 12, 2000, w~o is personally ~own to .me or has produced as identification. ~ Not~y Public, State o~ Print Nme: f~ Commission No. My commission expires: 10219626-1 3 SI ETCH OF DESCRIPTION UNE TABLE NUMBER BEARING 'L1 SO0'05'St"E DISTANCE I lo0 · 0° LOT 54, BLOCK MM SMITH'S SECOND SUBDIVISION (PB. ~, Pc ~o~) S89~52'58"W 635.96' N89~2'58'E 635.98' PARCEL ID No. 54-19-30-SAK-OBO0-0490 LOT 53, BLOCK "B" MM SMITH'S SECOND SUBDIVTSION (PB. 1, PG 101) DESCRIP 770N: LOT 50, BLOCK SMITH'S SECONO SUBDIVISIOi~ (P~. ~, PO ~o~) The North 15.00 feet of Lot 53, Block "B", MM SMITH'S SECOND SUBDIVSION, os recorded in Plot Book I, Page 101, of the Public Records of Seminole County, Florida, I~fng £ost of Vihlen Rood. PLAT 800K SURVEYORS NOTES: - THIS IS NOT A SURVEY. - BEARINGS BASED ON THE NORTH IJNE OF LOT 52, MM SMITH'S SECOND SUBDll4~ION, SEMINOLE COUNTY, FLORIDA, BEING S89~2'$8"W AN ASSUMED MERIDIAN. PREPARED FOR: Containing 9,539 square feet (0.219 acres) more or less and being subject to any restrictions, rights-of-way and easements of record. KEEI4/1N REAL PROPERTY UI~LITY EASEMENT - SHOEMAKER ANES Ill DONALD W. MclNTOSH ASSOCIATES. INC. ENGINEERS PLANNERS SURVEYORS 2200 PARK AVENUE NORTH, WINTER PARK, FLORIDA 32789 (407) 644-4068 CER~FJCATE OF AUTHORIZATION NO, LB68 DATE: 09-~ 20t08,0175 I'= 100' OF~/ CS~ 05-376J