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506-Tibbetts Land, LLCThis agreement was prepared by and should be returned to: Meredith H. Pickens, Esquire Shutts & Bowen LLP 300 S. Orange Ave., Suite 1000 Orlando, Florida 32801 Telephone: 407-423-3200 ~11 Ilal II ltl Il IIII IIIigl gllll H#i DEDICATION OF PERPETUAL NONEXCLUSIVE UTILITY EASEMEN 1' THIS DEDICATION OF PERPETUAL NONEXCLUSIVE UTILITY EASEMENT, is made and entered into this t2,t:~ day of /bOh.l:~C.4& ,2004, by TIBBETTS LAND, LLC, a Florida limited liability company, whose address is 300 Fairfield Avenue South, St. Petersburg, Florida 33712, hereinafter 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, Flor/da 32771, hereinafter referred to as GRANTEE. W ITNESSETH: THAT THE GRANTOR, for and in consideration of the sum 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 perpetual 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 Exh' '"" lblt A attached hereto and incorporated herein by this reference (the Easement Area ). TO HAVE AND TO HOLD said utility easement unto GRANTEE for the use of the general public. GRANTEE shall have the fight to clear all trees, undergrowth and other obstructions encroaching onto the Easement Area, which may interfere with the use and enjoyment of the Easement Area. 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. 10219626-1 1 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. Witness ~ Print Name GRANTOR TIBBETTS LAND LLC, a Flo~da. limitedf,tiability company By: t,~M ,~,.& ~U, ~O~- Title: P'o.~ ~[-7' ~ ACCEPTACE OF DEDICATION The GRANTEE. her.e_~.+accepts the Dedicatiorg,of Perpetual Nonexclusive Easement on this [ I,~ day of ,~rx-?r-i [_ ,2004. Utility CITY OF SANFORD FLORIDA nnt Name. ~ 10219626-1 2 ST*TE OF COUNTY The foregoing instrument was acl~no~w,l,edged befqre me. this &¢4~/'-' day of /L~rc~ 2004, by &~vrt~ed '~C~t~, Ti the ~L~d, LLC, a Flohda limited liability comply, wgo is ~fiallv ~o~n to m~ identification. ' - as ~y~lic~State of Print ~me: Commission No. _.~ My co~ission expires: EXPIRES: May 8, 2005 ST^CEY L CNvlP COMMiSSiON # DD 010333 10219626-1 3 APPOINTMENT OF AGENT CHARLES H. BLOCK, as Manager (the "Manager") of Tibbetts Land, LLC, (the "Company") pursuant to Article 7.4 of the Company's Operating Agreement, hereby appoints and constitutes WILLIAM GRIMES, whose address is 3300 Fairfield Avenue South St. Petersburg, Florida 33712 (the "Agent"), as Manager's authorized Agent to act in Manager's name, in his place and stead to (i) negotiate, sell, convey, sign and legally bind the Company in connection with the purchase and management of the real property located at 3940 Church Street, Santbrd, Florida (the "Property") and any and all tangible personal property located thereon (the "Personal Property") for such consideration and upon such terms and conditions as thc Agent sees fit; and (ii) to negotiate, legally bind the Company and execute any and all documents in connection with a loan and grant of security, including but without limitation, a note, a mortgage on the Property~ financing statements, lien affidavit, or otherwise, and is further authorized, empowered and directed, on behalf of the Company, to execute any and all other documents in connection with any loan or grant of security. The documents the Agent is authorized to execute include but are not limited to the following: 1. Any zoning, annexation or variance applications or requests for the Property. 2. Any fee simple, quit claim, trustee or warranty deed or mortgage deed. 3. Contract for sale and purchase. 4. Settlement Statement. 5. Bill of Sale. 6. Any other documents necessary to negotiate the sale of and transfer the title to the Property and Personal Property. 7. Any other documents necessary to rezone the Property or to obtain variances for the Property. 8. Loan Application. 9. Promissory Note This agency relationship shall lapse at midnight on June 30, 2004, unless sooner terminated or further extended by written notice to the Agent provided that all acts taken by the Agent pursuant to this power prior to lapse or termination, whichever first occurs, shall be binding on the Company. Print Name Charles H. Block, as Manager STATE OF FLORIDA COUNTY OF PINELLAS The foregoing instrument was acknowledged before me this J~_ day of ~ t//~ Personally known Florida Driver's License -- Other Identification Produced Notary Public-State of Florida /',3 [ ./)( Print or type name of Notary (SEAL) ,2003, by 200695.2 NORTHERLY' LiNE OF LOT 34 ~.."'11,/.. ~,~ ~ TANGENT TABLE F-~ ~ ~ ~ - .~- ~ ~ . I ~1 ~ ,.~ ~ ~ ~ ~0 ~ L ' , .B. LICENSED SURly BUSINESS ~kk]~ I ~/ ~P.O.B , COMMENCEMENT- ' FN. ~/w UNE ~~:- :: ': --~ESCRIPTION ON 8H ~REPARED FOR: ....... ~ . .o~ ~s NOr v~u~ ~r ~ COX LUMBER CO, ~ ¢ ~ ~ ~'~ '~ ~¢¢s~ ~AL. ~CALE:1"=IOO' OA~) "* ~ROJECT ~: 97-0206.004 ¢V~ c~ ~C/SS CHECKED: DRH fA TE OF FLOR~u~ LEGAL DESCRIPTION: 30.00 FEET WIDE UTILITY EASEMENT THAT PORTION OF LAND, COMPRISING THE WEST 15.00 FEET OF LOT 101 AND LOT 35, AND COMPRISING THE EAST 15.00 FEET OF LOT 44 AND LOT 54, AS SHOWN ON THE PLAT OF W.B. CARDALL'S MAP OF ST. JOSEPH'S AS RECORDED tN PLAT BOOK 1, PAGE 114 OF THE PUBLIC RECORDS OF SEMINOLE COUNTY, FLORIDA, BEING MORE PARTICULARY DESCRIBED AS FOLLOWS: COMMENCE AT THE EAST 1/4 CORNER OF SECTION 21, TOWNSHIP 19 SOUTH, RANGE 50 EAST, SAID CORNER ALSO BEING A POINT ON THE CENTERLINE OF CHURCH STREET; THENCE RUN N.8g" 46'05"W. ALONG SAID CENTERLINE A DISTANCE OF 1,`305.00 FEET; THENCE DEPARTING SAID CENTERLINE RUN N.OO'O2'44"W. 40.00 FEET FOR A POINT OF BEGINNING, SAID POINT ALSO BEING A POINT ON A LINE LYING 15.00 FEET EAST OF AND PARALLEL WITH, WHEN MEASURED PERPENDICULARLY TO, THE WEST LINE OF SAID LOT 101 AND SAID LOT `35 (EAST LINE OF SAID LOT 44 AND SAID LOT `34); THENCE DEPARTING SAID PARALLEL LINE, RUN N.89'46'O3"W, 50,00 FEET TO AN INTERSECTION WITH A LINE LYING 15.00 FEET WEST OF AND PARALLEL WITH, WHEN MEASURED PERPENDICULARLY TO, THE EAST LINE OF SAID LOT 44 AND SAID LOT 54 (WEST LINE OF SAID LOT 101 AND SAID LOT 55); THENCE RUN ALONG SAID PARALLEL LINE N.OO"O2'44"W 1055.28 FEET TO A POINT ON THE NORTHERLY LINE OF THE AFOREMENTIONED LOT 54, SAID LINE ALSO BEING THE SOUTHERLY RIGHT OF WAY LINE OF SEABOARD SYSTEMS RAILROAD; THENCE DEPARTING SAID PARALLEL LINE RUN ALONG SAID NORTHERLY LINE OF LOT 54 AND THE NORTHERLY LINE OF THE AFOREMENTIONED LOT `35, AND SAID SOUTHERLY RIGHT OF WAY LINE S.54"15'16"E..37.00 FEET TO AN INTERSECTION WITH THE AFORESAID LINE LYING 15.00 FEET EAST OF AND PARALLEL WITH, WHEN MEASURED PERPENDICULARLY TO, THE WEST LINE OF LOT 101 AND LOT 55; THENCE DEPARTING SAID NORTHERLY LINE OF LOT 55 AND SAID SOUTHERLY RIGHT OF WAY LINE RUN S.00"02'44"E. ALONG SAID PARALLEL UNE 10.%3.77 FEET TO THE POINT OF BEGINNING. CONTAINING 0.719 ACRES, MORE OR LESS. SURVEYOR'S NOTES: 1. NO UNDERGROUND INSTALLATIONS OR IMPROVEMENTS OR SUB-SERVICE UTILITIES HAVE BEEN LOCATED. 2. NO INSTRUMENTS OF RECORD REFLECTING EASEMENTS, RIGHT OF WAY, AND/OR OWNERSHIP WERE FURNISHED THIS SURVEYOR, NOR DID THIS SURVEYOR ABSTRACT THESE LANDS. 5. BEARINGS ARE BASED ON THE CENTERLINE OF CHURCH STREET AS BEING N.89"46'O`3"W., ASSUMED. 4, SUBJECT OT EASEMENTS, ENCUMBRANCES, AND RESTRICTIONS, IF ANY, OF RECORD. 5. THE SURVEY INFORMATION SHOWN ON THIS SKETCH OF DESCRIPTION IS BASED ON BOUNDARY AND TOPOGRAPHIC SURVEY PREPARED BY SWAGGERTY LAND SURVEYING, INC. FILE NO. 782 AND DATED `3-13-1995 6. THIS IS A SKETCH OF DESCRIPTION ONLY. THIS IS NOT A BOUNDARY SURVEY. NO BOUNDARY CORNERS WERE SET OR RECOVERED IN THE FIELD BY DRMP FOR THE PURPOSE OF PREPARING THIS Sv~¢u 8KETCH ON SHEET I OF 2 PREPARED FOR: COX LUMBER CO. DA TE: MARCH 25, 2004- PROJECT //: 97-0206.004 DESIGN: DC/SS CHECKED: DRH DA TE REVISIONS ®PBMP Phone: (407) 896-0594