565 Hickory Point Industries • G ;
MA�E MORSE, SEMINOLE COUNTY J
`
CLEi2TOF CIRCUIT COURT & COMPTROLLER
' Return to after recording: PR 08301 Pqs 8371 — 374: t4pgs?
City Clerk CLERK' S Si 2.014079851
City of Sanford RECORDED 07/22/2014 02:06:55 PM
Post Office Box 1788
Sanford, Florida 32772 DEED DOC TAX 0.70
RECORDING FEES 35.50
Prepared by: H DeVore �Ne"It
Christopher Smith ^.__ _- p4'•"••F0°tt1
377
City of Sanford warn MORSE 4 • .a 's��i,
Post Office Box 1788 CLERK OF THE CIRCUIT OURT AND
Sanford, Florida 32772 ;OMPTR• LER / ',,.% '0 i.•`ofs
,EMINOU COUN , ' ORIDA
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Tax Parcel Identification Number: 36-19-30-534-0100-0010
BY _♦ DEIIpIIu''TY C` RK
GRANT OF
NON-EXCLUSIVE UTILITY EASEMENT TO CITY • SANFOF�f �` 2 2014
THIS GRANT OF EASEMENT is made and entered into as of this ,
/
day of ;\(21f , 2014, by and between HICKORY POINT INDUSTRIES INC.,
a private corporation of the State of Florida (hereinafter the "Grantor"), whose
address is c/o Daniel Coppens, President, 115 Juan Road, DeBary, Florida
32713, and the City of Sanford, Florida (hereinafter the "Grantee"), whose
address is 300 North Park Avenue Sanford, Florida 32771, a municipal
corporation, situated in Seminole County, Florida.
WHEREAS, the Grantor owns and holds fee simple title to the property
described as Lots 1, 2 and 3 of HIGHLAND PARK as recorded in Plat Book 4
Page 28 of the Public Records of Seminole County, Florida, herein referred to as
the "Property" with the Property being assigned Tax Parcel Identification Number:
36-19-30-534-0100-0010 by the Seminole County Property Appraiser said
Property being located on the southeast corner of US17-92 and 20th Street; and
WHEREAS, the Grantee has requested from Grantor an easement, twelve
feet (12') in width (hereinafter the "Easement Area"), for non-exclusive City utility
and City services, ingress and egress, construction and access thereto, over and
• across a portion of the Property, such easement being described and depicted in
'i the schematic attached as Exhibit "A" for the purposes of constructing municipal
improvements and other public utilities, appurtenant uses and access; and
WHEREAS, the Grantor is willing to provide an easement to the Grantee
on the terms and conditions hereinafter set forth.
NOW, THEREFORE, for and in consideration of One ($1.00) Dollar paid
by the Grantee to the Grantor, the receipt and sufficiency of which is hereby
acknowledged, and other good and valuable considerations, the parties agree as
follows:
-�1
(1). The foregoing recitals are true and correct and incorporated herein
by reference.
(2). The Grantor hereby conveys to the Grantee a utility easement,
twelve feet (12') in width, for non-exclusive City utilities and City services ingress
and egress, construction and access thereto, over and across a portion of the
Property, such easement being described and depicted in the sketch and
/11
(
1
• •
description attached as Exhibit "A". Said easement may be utilized for the
purposes of necessary construction activity relative to City utility and City
services use and service vehicular ingress and egress over the Property,
constructing municipal improvements and utilities, appurtenant uses and access
said easement being non-exclusive to the extent that the Grantor reserves all
rights of a fee owner not inconsistent with the grant of the easement as set forth
herein.
(3). This Grant of Easement is subject to the following conditions, each
of which the Grantee, on behalf of itself and its successors and assigns, hereby
acknowledges and agrees to abide by and comply with by virtue of its recordation
of this Grant of Easement in the Public Records of Seminole County, Florida:
(a). The Grantee's use of the Easement and Easement Area shall be
limited to City utility and City services activities as set forth in this document.
(b). This Grant of Easement, and all rights of the Grantee created
herein, shall be subject and inferior to all existing and future mortgages
encumbering the Easement Area. This subordination is self executing as to all
existing mortgages and shall be self executing as to all future mortgages or other
forms of financing encumbering the Easement Area; provided, however, that, in
the event the Grantor requests additional confirmation of such subordination,
Grantee agrees to execute and return such additional documentation within ten
(10) days the of Grantor's submission to the Grantee of a request for such
confirmation; provided, further, however, that should a mortgagee assert priority
over this Easement and seek to eliminate the rights herein granted, the Grantee
shall have no obligation to serve the Grantor's property with utility services and
the Grantor shall pay for any and all costs relative to any relocation of the
Grantee's utilities that may be necessitated by such actions of a mortgagee.
(4). This Grant of Easement represents the entire understanding
between the Grantor and the Grantee as to the matters set forth herein.
(5). This Grant of Easement may not be amended except in writing in a
form recordable in the Public Records of Seminole County, Florida, executed by
the Grantor and Grantee.
(6). This Grant of Easement shall be binding upon, inure to the benefit
of, all of the Grantor and the Grantee's successors and assigns, and shall be a
covenant running with the land in favor of the Property.
(7). In the event of any litigation regarding this Grant of Easement, the
prevailing party shall be entitled to an award against the non prevailing party for
costs and attorneys fees, including costs and attorneys fees on appeal; provided,
however, that the parties agree to engage in alternative forms of dispute
resolution to the maximum possible extent and share the costs of such
processes equally.
• •
' IN WITNESS WHEREOF, the Grantor has set its hand and seal the date
first written above.
ATTEST: HICKORY POINT IN USTRIES
�j INC.
1J
Witness pAvIP A .vabt iN it ev,„., " -•_•,•-" •peens, President
A& i`lt It ; t! e f 41 • '1 4,c, ; 4
._
wi r:s ,. o,,,N m ,r,.Slc.ef t. tS Marie-Paule E.Coppens, Se, .
Witness
ACKNOWLEDGEMENT
STATE OF FLORIDA )
COUNTY OF SEMINOLE )
I HEREBY CERTIFY that on this day, before me, an officer duly
authorized to administer oaths and take acknowledgments, personally appeared
Daniel Coppens and he acknowledged executing the same in the presence of
two subscribing witnesses freely and voluntarily and he is personally known to
me or provided +vas Lz.....4.--- as identification.
V1,TNESS my hand and official seal in the County and State last aforesaid
this 1 bi day of -1,L1 , 2014.
(Affix Notary Seal) Y TEPHEN,C.EAR; F44‘114.-----
S�sn
R NOTARYrPUSUC
,' SI'NC`E OF FLORIDA Notary Public; State of Florida
.....;14411,t:-.0 Comm#Esmo ry
.AI; evtfes 11/112014
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" SKETCH OF DESCRIPTION %
PeriiNT 1 Al
"REAL PROPERTY DESCRIPTION"
PROPOSED 12.00 FOOT U71UTY EASEMENT
BEGIN AT THE NORTHEAST CORNER OF LOT 3, BLOCK 1, HIGHLAND PARK, ACCORDING TO THE PLAT
THEREOF AS RECORDED IN PLAT BOOK 4, PAGE 28, OF THE PUBLIC RECORDS OF SEMINOLE
COUNTY, FLORIDA; THENCE RUN S.DO'00'00"E. ALONG THE EAST LINE OF SAID LOT 3 A DISTANCE
OF 93.00 FEET; THENCE RUN N.89'50'00"W. A DISTANCE OF 12.00 FEET; THENCE RUN N.00'00'00"E.
A DISTANCE OF 93.00 FEET TO A POINT ON THE NORTH LINE OF SAID LOT 3; THENCE RUN
S.89'50'00"E. ALONG SAID NORTH LINE A DISTANCE OF 12.00 FEET TO THE POINT OF BEGINNING.
20TH STREET
50' R/W
In 7n
N N 89'50'0" E N--\
SOUTH RIGHT-OF-WAY LINE 1200
S 89'50'0" E= 50.00
38.00' /
POINT OF BEGINNING
_l
CI NORTH LINE NORTHEAST CORNER
of LOT 3 LOT 3, BLOCK 1
0 0
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0
I M
en
I
WEST UNE LOT 3 -"AI
LOT 3, BLK 1 ''''--EAST UNE LOT 3
HIGHLAND PARK
LOT 2, BLK 1 I P.B. 4, PG. 28 w LOT 4, BLK 1
HIGHLAND PARK w o HIGHLAND PARK
P.B. 4, PG. 28 °oI °o -°o P.B. 4, PG. 28
of C
p 0 0
0
CI 0 w
Z
I 12.00'
I N 89'50'00" W
I 12.00
Fo38,00' _ E;7' UTILITY EASEMENT of SE CORNER LOT 3 C3
N pER PLAT) ^
— — S 89'50'0'E 50.00 \
I \ SOUTH LINE LOT 3
I LOT 22, BLK 1
HIGHLAND PARK
I P.H. 4, PG. 28
CER 77F/ED TO:
SURVEYORS NOTES:
MCKEE CONSTRUCTION
1. NOT VALID WITHOUT THE SIGNATURE AND ORIGINAL RAISED
SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER. SURVEYOR'S CERTIFICATE:
2. THE REAL PROPERTY DESCRIPTION' SHOWN HEREON IS IN ACCORDANCE THIS IS TO CERTIFY THAT THIS SKETCH MEETS THE MINIMUM TECHNICAL STANDARDS
WITH THE DESCRIPTION PROVIDED BY THE CLIENT. AS SET FORTH BY THE FLORIDA BOARD OF PROFESSIONAL SURVEYORS
3. NO UNDERGROUND IMPROVEMENTS OR VISIBLE INSTALLATIONS HAVE BEEN AND MAPPERS IN CHAPTER 61G17-6, FLORIDA ADMINISTRATIVE CODE,
LOCATED OTHER THAN SHOWN. PURSUANT TO SECTION 472.027, FLORIDA STATUTES.
4. BEARINGS ARE BASED ON THE RIGHT-OF-WAY MAP BY SEMINOLE COUNTY.
CLIENT: MCKEE CONSTRUCTION SCOTT BECHIR, P.S.M.
JOB NUMBER: 08-161 PROFESSIONAL SURVEYOR & MAPPER
CADD DWG. FILE: 08.161 FLORIDA REGISTRATION NUMBER 5807
( COMMENTS FIELD DATE OFFICE DATE
SKETCH OF DESCRIPTION NA NA S.R.B. 6/11/14 SCOTT'S SURVEYING SERVICES, INC.
REVISED DESCRIPTION NA NA S.R.B. 7/3/14 LB # 7442
w 8 S. HWY. 17-92, SUITE 8—A
DEBARY, FLORIDA
--■ PH. (386) 668-7332 FAX 668-7/337
.
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