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557 CSX Persimmon Ave. MOON*. P JEi)ii , L�_E_i6i 4JE CIRCUIT 1:1111111 This instrument prepared by `EldlNli # 1:UtlNly or under the direction of: BK 080/9 Nrys 196 - 1914; t 4iH1 %) CLERK'S # 2013091654 RECtiRIED 07/12/2013 01:33;00 PM Kim R. Bongiovanni RECtlRUIN6 - :Ls 61.00 Assistant General Counsel RE 1114 )l : ll IW J E_cke»rrth W I) ,, , 65 17 " Law Department V 500 Water Street Jacksonville, Florida 32202 ' 0 DEED OF EASEMENT THIS EASEMENT DEED, made as of / day of t` , 2013, by and between CSX TRANSPORTATION, INC., a Virginia corporation, whose mailing address is 500 Water Street, Jacksonville, Florida 32202, hereinafter called "Grantor," and the ¢ �� CITY OF SANFORD, whose mailing address is P.O. Box 1788, Sanford, FL 32772 -1788, v hereinafter called "Grantee "; WITNESSETH: ' (Wherever used herein, the terms "Grantor" and "Grantee" may be construed in the singular or plural as the context may require or admit, and for purposes of exceptions, reservations and/or covenants, shall include the heirs, legal representatives and assigns of individuals or the successors and assigns of corporations.) 0 0 THAT, for and in consideration of payment of the sum of FIVE THOUSAND TEN AND N. NO /100 DOLLARS ($5,010.00), which is the full monetary consideration for this conveyance, �\ v and other valuable consideration, the receipt whereof is hereby acknowledged, Grantor does hereby GRANT and CONVEY unto Grantee, Grantee's successors and assigns, WITHOUT k, WARRANTY and only to the extent that Grantor's title permits, and FURTHER SUBJECT TO the terms, conditions, exceptions and reservations herein made, a non - exclusive permanent drainage and maintenance easement, on, over or across Grantor's property at Sanford, County of Seminole, State of Florida, hereinafter designated "the Easement ", which Easement is more particularly described in Exhibit A, attached hereto and incorporated herein, for the purpose of `') Improvement to the drainage ditch along Persimmon Avenue. TOGETHER WITH a non - exclusive temporary construction easement on, over or across Grantor's property at Sanford, County of Seminole, State of Florida, hereinafter designated "the 0 o Temporary Easement ", which Temporary Easement is more particularly described in Exhibit B, • attached hereto and incorporated herein. O ti EXCEPTING and RESERVING unto Grantor, its successors and assigns, the right to continue to occupy, possess and use the land upon which the Easement and Temporary Easement are imposed for any and all railroad purposes consistent with Grantor's operations and needs, including but not limited to the placement, repair, relocation and removal of fiber optic cable, and the right to construct, reconstruct, relocate, operate, maintain, repair, renew, replace and remove Grantor's tracks and other facilities as now exist or which may in the future be located in, upon, over, under or across the Easement and Temporary Easement. TO HAVE AND TO HOLD the Easement and Temporary Easement and rights herein granted, solely for the purpose herein contained; SUBJECT, however, to any public or private utilities, cables, wires, pipes and other facilities located in, on, over, under or across the Easement and Temporary Easement, and all agreements, easements and rights granted or reserved therefor, whether the instruments granting or reserving the same be recorded or unrecorded; ALSO SUBJECT TO the following terms, conditions, exceptions and reservations: Grantee, its successors and assigns, shall provide and maintain, at Grantee's sole expense, drainage facilities in accordance with plans and specifications for said Road or Highway project, which plans and specifications are on file in the respective offices of the parties hereto, to prevent runoff and other surface waters collected on the Easement and Temporary Easement from flowing over Grantor's tracks and adjacent properties. Grantee, its successors and assigns, shall not at any time impair or interfere with the lateral or subjacent support of Grantor's properties, structures, tracks or improvements on or adjacent to the Easement and Temporary Easement, or otherwise damage the same in any way. Excluded from this grant are any and all rights of way for access, ingress or egress, whether by way of necessity, implication or otherwise, across, under or over any adjoining properties of Grantor. If, at any time, the Easement and Temporary Easement herein granted, or any part thereof, shall no longer be used or required by Grantee, its successors or assigns, for the purposes for which granted, the same shall terminate, and Grantee, its successors or assigns, shall execute such instrument as provided or as hereafter may be required by law to clear title to the aforesaid property. [The remainder of this page intentionally left blank] IN WITNESS WHEREOF, CSX TRANSPORTATION, INC., pursuant to due corporate authority, has caused its name to be signed hereto by its officers hereunto duly authorized and its corporate seal, duly attested, to be hereunto affixed. Signed, s- -d and delivered CSX TRANSPOr. TI• , INC.: - pres i e . i a / a. - By 11 ■101 Print Name: 'Stephen A. Crosby Print Title: President, CSX Real !'roperty, Inc., signing on behalf • ' CSX Transportation, c. ig 1 Attest � ed6( %1 ,.1 ; 4.3(BEt j l � r -4 . Print Name:_ PAUL R. HITCHCOCK g . t 4 ' Y CORPORATE SECRETAR'P ,; > " � . ' d E:". i Return to City of Sanford U7� , ,, ' ; P.O. Box 1788 - '•. . ' ti Sanford, FL 32772 -1788 , `', 1 .1 4a3. STATE OF FLORIDA ) ) SS. COUNTY OF DUVAL ) I, John A. Blanton, a Notary Public of the State of Florida and the County of Duval, do certify that, on the date below, before me in said County came Stephen A. Crosby (X ) to me known, and/or ( ) proven by satisfactory current evidence to be the person whose name is subscribed to the above instrument, who, being by me first duly sworn, did make oath, acknowledge and say that: he resides in Jacksonville, Duval County, Florida; he is President - CSX Real Property, Inc., signing on behalf of CSX Transportation, Inc., the corporation described in and which executed said instrument; he is fully informed of the contents of the instrument; he knows the seal of said corporation; the seal affixed to said instrument is such seal; it was so affixed by authority of the Board of Directors of said corporation; he signed his name thereto for said corporation pursuant to Board authority; and instrument is the free act and deed of said corporation; and the conveyance herein is not part of a transaction, sale, lease, exchange or other transfer or conveyance of all or substantially all of the property and/or assets of the Grantor. e IN WITNESS WHEREOF, I hereunto set my hand and official seal, this /01P day of 3 6 1 , 2013. 1 Ili' -••■■■ (SEAL) My commission expires on: 8/25/2014 otary Public Print Name: John A. Blanton JOHN A. BLANTON NOTARY PUBLIC 7* ' STATE OF FLORIDA ` -~ a Comm# EE020770 • • Expires 8/25/2014 ,62i1-111111, SCHEDULE "A" PERSIMMON AVENUE TEMPORARY CONSTRUCTION EASEMENT DESCRIPTION: A portion of the Southeast 1/4 of Section 26, Township 19 South, Range 30 East, Seminole County, Florida, being more particularly described as follows: Begin at the intersection of the Southerly right of way line of the CSX Railroad Transportation (abandoned) and the existing West right of Way line of Persimmon Avenue for a POINT OF BEGINNING; thence South 63'32'37" West, a distance of 75.00 feet, along said Southerly right of way line; thence departing said Southerly right of way Tine, North 2627'23" West, a distance of 80.00 feet, to the Northerly right of way line of said CSX Railroad; thence North 63'32'37" East, a distance of 115.62 feet, along said Northerly right of way Tine, to the said existing West right of way Tine of Persimmon Avenue; thence South 00'28'27" West, a distance of 56.60 feet, along said existing West right of way line; thence continue along said existing West right of way line, South 00'26'34" West, a distance of 33.12 feet to the POINT OF BEGINNING. Containing: 7,624 square feet more or Tess. SURVEYORS REPORT 1. Bearings shown hereon are based on the West right of way line of Persimmon Avenue being S 00'26'34" W assumed. 2. This "Sketch of Description" was performed without benefit of a Title search. A Title search may reveal additional information affecting the Parcel as shown. 3. I hereby certify that the "Sketch of Description" of the above described property is true and correct to the best of my knowledge and belief as recently drawn under my direction and that it meets the Minimum Technical Standards for Land Surveying CH. 5J- 17.050 —.052 requirements. 4. Not valid without the raised seal and signature of a Florida Licensed Surveyor and Mapper. NOT VALID WITHOUT SHEET 2 Date: Certification Number LB2108 56396012 DESCRIPTION 10/01/2012 - - -- -- FOR Job Number: Scale: _! - 1, . , <. 56396 I 1 " =40' MV _� G ∎= AVCON Inc. iiIIMEMEMS∎ \• Chapter 5J- 17.050 —.052, Florida SOUTHEASTERN SURVEYING Administrative Code requires that AND MAPP1NG CORPORATION a legal description drawing bear 8500 All American8 - 43 9 P 9 �oridn 32810-4350 the notation that (407) —8580 • rtitication Num• LB21' l: inf. IS NOT A SURVEY. mair. •east` , • af7 om SHEET 1 OF 2 E PETERSEN V SEE SHEET 2 FOR SKETCH - . D LAND SURVEYOR Number 4791 d �II A IBILITY IJNSATiSFACAU` SKETCH OF DESCRIPTION rpnlnllNIc TEMPORARY CONSTRUCTION EASEMENT LINE TABLE LINE LENGTH BEARING L1 75.00' S63'32'37 "W 3 N L2 80.00' N26'27'23" W 1.1 ..1 _ 1" = 40' L3 115.62' N63'32'37 "E 3 D 3 GRAPHIC SCALE L4 56.60' SO0'28'27 "W (.5 z Q 0 20 40 80 L5 33.12' SO0'26'34" W X W W > z w 0 Z PARCEL ID: 26- 19 -30- 300 - 0180 -0000 'j 1- J OWNER: CSX TRANSPORTATION INC. TX DEPT \' —I O Z ' w 0 RpLR c, Z u) d G SX rn w RI OR�,0\ -- J W Z i C P 0 E �r I � o s P o� -5 00 0 � L NG cs � ��ctOP 1- rr J �� , ' �P ` F P O B Iva C 1� QN �N 26 — P N SP� �P�N °'''' z PP,,o c G N �� P ....---;.0,--c cz I va PARCEL ID: 26- 19 -30- 300 - 0210 -0000 OWNER: POLASEK ANN E & POLASEK JOHN C CO TRS FBO i LEGEND & ABBREVIATIONS: L1 = LINE NUMBER POB = POINT OF BEGINNING GL _ k R/W = RIGHT OF WAY _ S , i , 7 ---= ' -.. V PB = PLAT BOOK .7 ----- 1 — , --- =VAi ∎ PG = PAGE » ' II . / I • ' i � ∎�� LB = LICENSED BUSINESS rlwi /A-__ ID = IDENTIFICATION • �� IME■r SOUTHEASTERN SURVEYING AND MAPPING CORPORATION 6500 All American Boulevard Drawing Number: 56396012 Orlando. Florida 32810 -4350 Job No.: 56396 (407) 292 -8580 Certification Number 1.82108 Date: 10/01/2012 THIS IS NOT A SURVEY. e-mail infob.outbeasternaurveying.com SHEEP 2 OF 2 NOT VALID WITHOUT SHEET 1 See Sheet 1 for Description 52»1 K.4n IQ --C 0. SCHEDULE "A" WEST 8TH STREET TEMPORARY CONSTRUCTION EASEMENT DESCRIPTION: A portion of the Southeast 1/4 of Section 26, Township 19 South, Range 30 East, Seminole County, Florida, being more particularly described as follows: Begin at the intersection of the Southerly right of way line of the CSX Railroad Transportation (abandoned) and the existing Westerly right of Way Tine of 8TH Street for a POINT OF BEGINNING; thence South 63'32'37' West, a distance of 16.35 feet along said Southerly right of way line to a Tine parallel with and 15 feet West of existing Westerly right of way line of said 8TH Street; thence departing said Southerly right of way line, North 49'51'22" West, a distance of 65.38 feet, along said parallel line to the existing Northerly right of way line of said CSX Railroad; thence North 63'32'37" East, a distance of 16.34 feet, along said Northerly right of way line to the existing Westerly Right of way line of said 8TH Street; thence South 49'51'22" East, a distance of 63.54 feet, along said existing Westerly right of way line to a point of curvature of a curve concave Northeasterly, having a radius of 213.00 feet, a central angle of 00'29'44" and a chord bearing of South 50'06'14" East; thence along the arc of said curve and said existing Westerly right of way line a distance of 1.84 feet to the POINT OF BEGINNING. Containing: 981 square feet more or less. SURVEYORS REPORT 1. Bearings shown hereon are based on the Westerly right of way line of 8TH Street being S 49'51'22" E assumed. 2. This "Sketch of Description" was performed without benefit of a Title search. A Title search may reveal additional information affecting the Parcel as shown. 3. I hereby certify that the "Sketch of Description" of the above described property is true and correct to the best of my knowledge and belief as recently drawn under my direction and that it meets the Minimum Technical Standards for Land Surveying CH. 5J- 17.050 -.052 requirements. 4. Not valid without the raised seal and signature of a Florida Licensed Surveyor and Mapper. NOT VALID WITHOUT SHEET 2 Date: Certification Number LB2108 56396013 DESCRIPTION 10 J ob Number: Scale: �� �_! Is _' L i_► FOR �-; •- T -s_ * -i �� 56396 1 " =40' MV l ►is-1-, � �AIA. AVCON Inc. ii��11��� • Chapter 5J- 17.050 —.052, Florida SOUTHEASTERN SURVEYING Administrative Code requires that AND MAPPING CORPORATION 8500 All American Boulevard a legal description drawing bear • . 4orlda 32810 - 4350 the notation that (407) —8580 •- rtification Num. LB21'= THIS IS NOT A SURVEY. mail into <o heaste . _ . om SHEET 1 OF 2 E PETERSEN V SEE SHEET 2 FOR SKETCH • : . RED LAND SURVEYOR Number 4791 EXHIBIT SKETCH OF DESCRIPTION GIBILITY U S T S ACat;tr' TEMPORARY CONSTRUCTION EASEMENT FPR SCANNING LINE TABLE LINE LENGTH BEARING L1 16.35' S63'32'37 "W L2 65.38' N49'51'22 "W L3 16.34' N63'32'37 "E L4 63.54' S49'51 E \ ti° O0 � FST ,1)`} G Fti�. � PARCEL ID: 26- 19 -30- 300 - 0180 -0000 —2 ( � 9 04, S� OWNER: CSX TRANSPORTATION INC. TX DEPT .5 tiF 41, N Po N. T s ' ......\ 1" = 40' Rp�LR o � 1 4?„N ) GRAPHIC SCALE of os � s�``�F ,�� 0 20 40 80 RI,t� ' '5' F +�'� c..1 C 1 0:1, /01 •P Ckv. 4 /1'o < N q \O F P� R p,LR °P � N os* S Q M ��� P °°° oc- RI' \-\'''' POB ' ` � ' R ��osP��o��� G /�� " 51,.... `No \N 1\� P.� \° / s C -1c3„:500--9:\ P \ 0'• X -\\.` PARCEL ID: 26- 19 -30- 300 - 0190 -0000 P °�cp. GS OWNER: VANN WILLIE E & EUGERTHA / CURVE TABLE / CURVE LENGTH RADIUS DELTA CHORD BEARING CHORD C1 1.84' 213.00' 00'29'44" S50'06'14'' E 1.84' LEGEND & ABBREVIATIONS; POB = POINT OF BEGINNING R/W = RIGHT OF WAY PB = PLAT BOOK �� :7, . PG = PAGE _ ' , 7, : -- 7 _' _ _� v � LB = LICENSED BUSINESS � — 1 - ID = IDENTIFICATION -�` Fi i 1 i� �� A ' am � L1 = LINE NUMBER i"�1, ai-mola.— /AWILII■111■ •/ IIIMM r C1 = CURVE NUMBER SOUTHEASTERN SURVEYING PC = POINT OF CURVATURE AND NAPPING CORPORATION 8500 All American Boulevard Drawing Number: 56396013 Orlando, Florida 32810 -4350 Job No.: 56396 (407) 292 -8580 Certification Number LB2108 Date: 10/01/2012 THIS IS NOT A SURVEY. e-mail infoesoutheasternsurveying.com SHEET 2 OF 2 NOT VALID WITHOUT SHEET 1 See Sheet 1 for Description �., M -1- a-, � 1