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497-Family Worship Center Sem CIIIII Illll I Ill I III II III I II I B II Ill I gl I Il II II IIIII LANDSCAPING AND IRRIGATION EASEMENT AGREEMENT THIS LANDSCAPING AND IRRIGATION EASEMENT AGREEMENT ("Easement") is made and executed this ~i day of ,-~"re~t.~- 2003, by and between FAMILY WORSHIP CENTER OF SEMINOLE COUNTY, INC. ("GRANTOR"), a Florida non-profit organization, with a mailing address of 2462 S. Park Avenue, Sanford, Florida 32771. and the CITY OF S^NFORD ("GRANTEE"), a municipal corporation, with offices at 300 North Park Avenue, Sanford, Florida 32771. WITNESSETH: WHEREAS, the GRANTOR is the owner in fee simple of certain real property located in Seminole County, Florida, being more particularly described on Exhibit "A" attached hereto and by this reference incorporated herein (the "Property"); and WHEREAS, the GRANTEE desires a permanent easement to enter into the Property and install, construct, and maintain landscaping and irrigation; and WHEREAS, the GRANTEE hereby undertakes certain commitments and covenants to assure the perpetual and continuing maintenance of such improvements; and WHEREAS, the GRANTOR has agreed to grant to the GRANTEE a permanent easement over the Property, subject to the terms and conditions set forth herein. NOW, THEREFORE, for and in consideration of the premises, the payment of One and no/100 Dollars ($1.00) in hand paid by the GRANTEE to the GRANTOR, the mutual covenants and agreements herein set forth, and other good and valuable consideration, the receipt, adequacy and sufficiency of which are hereby expressly acknowledged by the parties hereto, the parties hereto do hereby covenant and agree as follows: Page I of 6 1. RECITALS. The foregoing recitals are true and correct, form a material part of the consideration relating hereto, and are incorporated herein by reference. 2. LANDSCAPING/IRRIGATION EASEMENT. The GRANTOR hereby creates, grants, and conveys to the GRANTEE, an irrevocable, perpetual landscaping and irrigation easement on, upon, over and through the Property, described on Exhibit "B", attached hereto and by this reference incorporated herein. Ingress/egress to/from the landscaping irrigation easement shall be over the GRANTEE's Property described in Exhibit "A" and is hereby granted to the GRANTEE by the GRANTOR. 3. IMPROVEMENTS AND USE. (a) This Easement includes the GRANTOR granting to the GRANTEE the right to enter and re-enter onto the Property described in Exhibit "A", and install, construct, and maintain landscaping and irrigation as the GRANTEE deems necessary or desirable to accommodate the purpose of this Easement (the "Improvements"). This Easement does not create or convey any rights whatsoever to the general public to use the Property notwithstanding the GRANTEE's rights as set forth herein. (b) All Improvements shall be made at the GRANTEE's sole cost and expense. The GRANTEE shall keep and maintain the Improvements in good order, repair and maintenance. The GRANTEE shall not, while installing or maintaining the Improvements, damage or interfere with the GRANTOR's use of the Property in a manner not inconsistent with the rights granted pursuant to this Easement. The GRANTEE shall also be responsible for any modifications to the Property as may be necessary to accommodate the Improvements, meeting all reasonable specifications of the landscape architect or Page 2 of 6 engineer who designs the Improvements. The design and engineering of all Improvements shall be approved by the GRANTOR in writing which approval shall not be unreasonably withheld. 4. RESERVATION, The GRANTOR reserves unto itself, its successor transferees and assigns, the right and privilege to use the Property for any purposes not inconsistent with the GRANTEE's use, occupation or enjoyment thereof. 5. SUCCESSORS AND ASSIGNS. This Easement shall be irrevocable, shall be appurtenant to the Property herein described and except as otherwise herein set forth, shall run with said Property forever and be binding upon and inure to the benefit of and be enforceable by the legal representatives, successors, transferees, grantees, and assigns of the parties hereto. 6. TERMINATION OR MODIFICATION. This Easement may not be terminated or modified without the prior joinder and consent of the GRANTEE. The GRANTEE may terminate this Easement and remove all Improvements at the GRANTEE's sole discretion after thirty (30) days written notice to the GRANTOR or the GRANTOR's successor. 7. COMPLIANCE WITH LAWS. The GRANTEE's improvement and use of the Easement granted herein shall at all times comply with all applicable Federal, State, and local laws, rules, regulations, orders and requirements. 8. NO WAIVER. Any failure to enforce any provision contained in this Easement shall in no way be deemed a waiver of the right to do so thereafter. The invalidity, violation, abandonment or waiver or any one or more of any of the provisions Page 3 of 6 hereof shall not affect or impair the remaining portions of this Easement. 9. NOTICE. Any notice which any party hereto may be required or may desire to give hereunder shall be deemed to have been given if delivered personally or if mailed, postage pre-paid by United States Certified Mail, Return Receipt Requested, or if sent by nationally recognized overnight courier, e.g., Federal Express, to the addresses set forth above, or to such other street address or addresses as the party to be given notice may have furnished in writing to the party seeking or desiring to give notice, as a place for the giving of such notice provided that no change in address shall be effective until ten (10) days after sent or given to the other party in a manner provided for above. Any notice given in accordance with the foregoing, shall be deemed given when delivered personally, or, if mailed, three (3) days after it shall have been deposited in the United States Mail, or two (2) days after it has been deposited with a recognized overnight courier service. 10. PARTIES. The term GRANTOR, as used herein, shall mean and refer to the owner(s) from time to time of the GRANTOR's Property. 11. AMENDMENTS AND WAIVERS. This Easement may be not amended, modified, altered, or changed in any respect whatsoever, except by further agreement in writing, duly executed by the parties hereto, or their respective successors or assigns, and recorded in the Public Records of Seminole County, Florida. 12. SEVERABILITY. This Easement is intended to be performed in accordance with, and only to the extent permitted by, all applicable laws, ordinances, rules and regulations. If for any reason and to any extent that any portion shall be invalid or unenforceable, the remainder of this Easement and the application of such provision to Page 4 of 6 other persons or circumstances shall not be affected thereby but rather shall be enforced to the greatest extent permitted by law. 13. SECTION HEADINGS. The section headings as herein used are for convenience or reference only and shall not be deemed to vary the content of this Easement or the covenants, agreements, representatives and warranties herein set forth or limit the provisions or scope of any section herein. 14. RECORDING. The GRANTEE shall record this executed Easement in the Public Records of Seminole County, Florida and submit to the GRANTOR a copy thereof with the recording of information thereon within fifteen (15) days from the date of this Easement, in recorded form, being returned to the GRANTEE. 15. ENTIRE AGREEMENT. This Easement constitutes the entire agreement between the parties hereto with respect to the transaction contemplated herein, and it supersedes all such prior understandings or agreements between the parties. IN WITNESS WHEREOF, the GRANTOR has executed this Landscaping and Irrigation Easement Agreement this ;.O_. ( 5'~ay of J~P¢~'~ ~:~ ¢- ,2003, by and through its authorized representative. FAMILY WORSHIP CENTER OF SEMINOLE COUNTY, INC. By:Jeffrey B.~.Eall Page 5 of 6 STATE OF FLORIDA COUNTY OF SEMINOLE ) The foregoing was sworn to and subscribed before me this O~ J'54~ day of ~/'~ ¢(~ ~ [3 ~ )~. , A.D. 2003, by Jeffrey B. Krall, of FAMILY WORSHIP CENTER OF ~-EMiNOLE COUNTY,~L.NC., a Florida non-p[ofit organization, who is personally known to me or who produced ~c-&cb/Ft~/~. RC~') ~ as identification and who did execute the foregoing document underneath or affirmation. WITNESS my hand and official seal in the County and State aforesaid this ~)~ I~ day of'~)~_~JCfl~o EA , A.D. 2003. , State of Florida My Commission Expires: ATTEST: ,)'Janet' R. Do~ghert~, City Cl~rk CITY OF SANFORD Brady Lessard, ~ayor Date: Page 6 of 6 Seminole County Property Apps~er Get Information by Parcel Number...,, Page 1 of 1 GENE~L S1- Pa~l Id: 36-1~0~10 Tax District: S~FORD F~ILY WORSHIP Exem~lo~: VALUE SUMMARY ~er: CENTER OF ~nlAddr: SEMINOLE CO INC Val~ ~thod: In.me Addre~: 1770 W AIRPORT BLVD Numar of Building: 1 ~Ci~,State~ipCode: SANFORD FL 32771 ~pmciated Bldg Value: $0 pm~y Add--s: 2462 PARK AVE DepriVed ~ Value: $0 Facili~ Name: S~FORD COMMERCE CENTER ~ Value (~rket): $0 Dor: 17~NE STORY OFFICE NON ~nd Value Ag: $0 SALES Jus~a~et Value: $719,780 Deed Data Book Page ~ount Va~mp ~sessed Value (SOH): $719,780 SPECIAL W~ DEED 0~2002 04024 0~36 $950.000 Improv~ ~empt Value: $0 T~able Value: $719,780 QUIT C~IM DEED ~/1996 03~25 1930 $625,000 Imp~ 2002 Tax Bill Amount: $15,237 WAR~ DEED 0411983 0145~ t021 $550,0~ Im~ov~ W~N~ DEED 0~1981 01343 ~560 $142,~ lmprov~ WAR~N~ DEED 1~19~ 0t31~ ~07~ $300,~ Vaunt Find Comparable Sales within ~is DOR C~e ~D LEGAL DESCRIP~ON P~T LEG LOTS 1 TO 12 (LESS S 10 ~ OF LOTS 6 + Land ~ess Meth~ Front~e ~h ~nd Units Unit Price Land Value 12) + ALLEY S OF N LINE OF LOTS 1 + 7 SQUARE FEET 0 0 96,1~ 2.50 $240,335 ~ENDED TEAGUES ~D PB 4 PG 2 BUlLDIN~ INFORMATION Bid Num Bid Cl~s Year Bit Fixtures Gm~ SF ~t Wall Bid Value ~t. Cost N~ I MASONRY PI~S 1960 20 ~,172 CONCRETE BLOCK- MASONRY $537,~3 $1.074,~ Sure.ion I S~ UTILI~ FINISHED / 1482 Su~ion I S~ UTILI~ UNFINISHED I ~0 Sub.ion I Sqff OPEN PORCH FINISHED / 3~5 EXT~ FEATURE Descflption Y~r Bit Uni~ ~ Value Est. Cost N~ ASP~T DRIVE 2 INCH 1956 70,~0 ~2,5~ $106,260 NOTE: Assessed values shown am NOT ~ified values and them~m are subje~ to change be~m being finalized ~r ad ~lomm tax pu~oses, A portion of Lot 12, Teague's Addition as recorded in Plat Book 4, Page 2 of the Public Records of Seminole County, Florida, being more particularly described as follows: Commence at the Southwest corner of said Lot 12, thence along the Westerly line of said Lot 12, N 00"11'04" W, 10.00 feet to a point on the Northerly right-of-way of State Road 46; thence along said Northerly right-of-way, N 89'48'56" E, 64.91 feet to the POINT OF BEGINNING; thence departing seid right-of-way N 00'11'04" W, 4.40 feet; thence N 59'37'27" E, 47.41 feet; thence S 70'11'55" E, 7.37 feet to a point on the Westerly right-of-way of Park Avenue elsa being o point on the arc of o non-tangent curve concave to the west having a radius of 1230.51 feet, e central angle of 01"16'48" and a chord of 27.49 feet that bears S 20"26'29" W; thence southerly along the arc of seid curve and seid right-of-way, 27.49 feet to o point on the Northerly right-of-way of the aforesaid State Road 46; thence along said Northerly right-of-way S 89'48'56" W, 58.22 feet to the POINT OF BEGINNING. Containing 733 square feet, more or less. SURVEYOR'S NOTE: Bearings shown hereon are based on the Centerline of State Road 46 (A.K.A. 25th Street) per Right Of Way Map Section No. 77040 - 2501, Seminole County, Florida being N 89'48'56" E. Description FOR CiLy of Sanford June 19, 2003 DC Job NO.: Scal~, 48034 = 20' CH. 61G17-6, Florida Administrative Code requires that a legal description drawing beer the notation that THIS IS NOT A SURVEY. Revised: 01lOT f2004 DC SHEET 1 OF 2 SEE SHEET 2 FOR SKETCH CERT. NO. LB2108 48034002 SOUTHEASTERN SURYEY[NG & MAPPING CORP. 6500 All American Boulevard Orlando, Florida 32810-4350 (407)292-8580 fax(407)292-0141 ema~ info~so~eas~nsurve~g, com ,~"~AR? ~?- K~[CK P.S.~. ' REGISTERED LAND SURVEYOR NO. 4S4S SKETCH OF DESCRIPTION WESTERLY LINE LOT 12 LOT 11 / TEAGUE'S ADDITION PLAT BOOK 4-, PAGE 2 SEMINOLE COUNTY, FLORIDA 182,0' PLAT LOT 12 ~IIo~, TEAGUE'S ADDIT[ON P~T BOOK 4, PAGE 2 SEmiNOLE COUNm FLORIDA ~ /- , ~ ~ / / R-12~.31' ~ A~ / L-27.49' ~ ~ ~ I / CB-S2~26'2~W ,s9'~'~-[ s~.91' ~ ~'5~W ~. ~ CH=27.49' 10.~' W POINT OF BEGINNING~ ~ NORTHERLY R/W OF POINT OF COMMENCEMENT SOUTHWEST CORNER OF LOT 12, TEAGUE'S ADDI]]ON, PLAT BOOK 4, PAGE 2 182,0' PLAT STATE ROAD 46/A.K.A. 25TH STATE ROAD 46 STREET ABBREVIATIONS: R~W = RIGHT-OF-WAy A, .A, ALSO KNOWN AS CH = CHORD DISTANCE CB = CHORD BEARING No. 4803¢002 19, 2003 Sheet 2 of 2 See Sheet 1 for Description & Surveyors Report Revised: 01/07/2004 DC 1" = 20' GRAPHIC SCALE ~~ 4'o SOUTHEASTERN SURVEYING & MAPPING C0RP 6500 All American Boulevard Orlando, Florida 32810-4350 (407)292-8580 fax(40?)292-0141 emai]: info~southeasternsurveying, eom