121/122 Property Exchange with Seminole County School Board including access agreementSTENSTROM, McINTOSH, COLBERT & WHIGHAM, I✓.A.
ATTORNEYS AND COUNSELORS AT LAW
WILLIAM L. COLBERT
OF COUNSEL
FRANK C. WHIGHAM
1001 HEATHROW PARK LANE
SUITE 4001
LONNIE N. GROOT
KENNETH W. McINTOSH
LAKE MARY, FLORIDA 32746
DAVID W. HALL
-RETIRED-
PHONE: (407) 322-2171
RAYMOND J. BRANCH III
ROBERT K. McINTOSH
FAX: (407) 330-2379
STACEY R. SPRINGER
-RETIRED-
WWW.STENSTROM.COM
April 1, 2019
City of Sanford
Attn: Traci Houchin, City Clerk
301 North Park Avenue
Sanford, Florida 32771
Re: Property Exchange between the School Board of Seminole County, Florida
(hereinafter the "School Board") and the City of Sanford (hereinafter the "City")
Dear Madam City Clerk:
Please find enclosed an original Closing Statement along with the below -listed
original documents for your records:
Mellonville & Celery:
> recorded Special Warranty Deed from School Board to City of
Sanford
> recorded Joint Use Parking Easement Agreement
> recorded Access and Storage License Agreement
> recorded Access Easement Agreement re: Easement #1 and
Easement #2
> Owner's Policy of Title Insurance
Please also find enclosed copies of the below -listed documents for your records:
SHS Athletic Field/ Palm Terrace and Right -of -Way Easement:
> recorded Special Warranty Deed from City of Sanford to School
Board of Seminole
> recorded City of Sanford's Release of Reserved Rights
SERVING CENTRAL FLORIDA
—SINCE 1954 -
Traci Houchin, City Clerk
April 1, 2019
Page 2 of 2
> recorded Amendment to Right -of -Way Use License and Agreement
Mellonville & Celery:
�r� > recorded Notice of Termination with Contractor's Final Payment
Affidavit with Lien Waver
This completes this matter. As always, it is our pleasure to be of service to the City.
Sincerely,
STENSTROM, McINTOSH, COLBERT & WHIGHAM, P.A.
Danielle LaVerde, Real Estate Paralegal to William L. Colbert, City Attorney
Enclosures
xc: Thomas George, Deputy City Manager (via electronic mail)
Chris Smith, Project Manager (via electronic mail)
Lonnie N. Groot, Assistant City Attorney (via electronic mail)
CLOSING STATEMENT
GRANTOR CITY OF SANFORD, a Florida municipal corporation
GRANTEE SCHOOL BOARD OF SEMINOLE COUNTY, FLORIDA
DESCRIPTION Property Conveyed & Easement Granted by Grantee to
Grantor: See Exhibit "A" attached hereto and incorporated
herein by this reference
Property Conveyed & Easements Granted by Grantor to
Grantee: See Exhibit "B" attached hereto and incorporated
herein by this reference
FUNDS DUE TO GRANTEE BY GRANTOR AT CLOSING: $400,000.00
CLOSING COSTS
Property Conveyed by Grantor to Grantee:
GRANTOR
Property Conveyed by Grantee to Grantor•
Notice of Termination with Lien Affidavit
$ 35.50
Deed - Recording
$ 78.00
Deed - Documentary Stamp Tax
$ 7,779.80'
Access & Storage License Agr - Recording
$ 34.75
Joint Use Parking & Easement Agr - Recording
$ 47.50
Access Easement Agr - Recording
68.75
Title Insurance Premium (Owner's)
$ 100.005
Title Insurance Endorsement (9-1.6)
Title Search Fees (Republic National Title)
Wharton Law Group, P.A.
COST SUBTOTAL:
$8,044.30
Property Conveyed by Grantor to Grantee:
Deed - Recording
Deed - Documentary Stamp Tax
Release of Reserved Rights - Recording
$ 27.00
Amended Right of Way Use Agr - Recording
$ 17.75
Title Search Fees (Commonwealth)
$ 700.00
Title Insurance Premium (Owner's)
$ 3,632 .003
Title Insurance Premium (Easement #1)
$ 100.004
Title Insurance Premium (Easement #2)
$ 100.005
GRANTEE
$ 34.75
$ 47.50
$ 68.75
$ 5,353.50'
$ 535.35
$ 275.00
$ 9,810.00
$16,124.85
$ 86.50
$ 4,979.802
17.75
CLOSING COSTS CONT'D
GRANTOR GRANTEE
Document Preparation Fee $ 300.00
Settlement Fee $ 300.00
Wire Out Fee $—....25.00
Wire In Fee 15.00
COST SUBTOTAL: $ 5,191.75 $ 5,109.05
Notes:
1 Calculation based on a value of $1,111,344.00
Calculation based on a value of $711,344.00
3 Parcel 1, Parcel 2 and Parcel 3 as described on Exhibit "B" attached hereto -
Premium calculation based on a value of $711,344.00
4 Easement #1 as described on Exhibit "B" attached hereto - Premium calculation
based on a total value of $5,000.00
5 Easement #2 as described on Exhibit "B" attached hereto - Premium calculation
based on a total value of $5,000.00
RECAPITULATION
FUNDS DUE TO GRANTEE BY GRANTOR AT CLOSING: $400,000.00
CLOSING COSTS DUE FROM GRANTEE AT CLOSING: $ 21,233.90
CLOSING COSTS DUE FROM GRANTOR AT CLOSING: $ 13,236.05
[INTENTIONALLY LEFT BLANK]
[SIGNATURE PAGE FOLLOWS]
Closing Statement
Page 2 of 3
APPROVED:
GRANTOR: CITY OF SANFORD, a
Florida municipal corporation
By:
Thomas Geege, Depty tity Manager
ua
Dated: Fe Guao2 2 , 2019
Attest:
I
By: DAJL`flel[�JUM, 41(, P
Traci Houchin, City Clerk
Dated: February , 2019
GRANTEE: SCHOOL BOARD OF
SEMINOLE COUNTY, FLORIDA
By:
Dr. Walt Griffin, Superintendent
Dated: February_, 2019
�Nokb
T."
-now
4�j
Closing Statement
Page 3 of 3
GRANTOR: CITY OF SANFORD, a
Florida municipal corporation
By:
Thomas George, Deputy City Manager
Dated: February—, 2019
Attest:
By:
Traci Houchin, City Clerk
Dated: February—, 2019
GRANTEE: SCHOOL BOARD OF
SEMINOLE COUNTY, FLORIDA
By:_4�
Dr. Walt Griffin, Superintgn—dent
Dated: February — 2 7, 2019
Closing Statement
Page 3 of 3
IwAmil
Mellonville/Celery (FEE SIMPLE ESTATEI:
THAT PART OF SECTION 30, TOIA TNTSHIP 19 SOUTH, RANGE 31 EAST SEMrN-OLE
COUNTY, FLORIDA, BEING ALL OF PARCEL 1 AND A PORTION OF PARCEL 3 OF
LANTDS DESCRIBED IN OFFICIAL RECORDS BOOK 1099, PAGE 234 OF THE PUBLIC
RECORDS OF SEMINOLE COUNTY, FLORIDA, AND BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
CO2NDVIENCING AT THE NORTHWEST CORNER OF SECTION 32. TOWN -SHIP 19 SOUTH,
RANGE 31 EAST, BEING A FOUND NAIL AND DISK, STAMPED "FDOT LB 1_2_21ft.'
THENCE NORTH 89056'46" WEST ALONG THE SOUTH LINE OF THE SOUTHEAST 1/4 OF
SECTION 30, TOWNSHIP 19 SOU 1H, RANGE 31 EAST, ALSO BEING THE CENTERLINE
OF CELERY AVENUE (OLD STATE ROAD 415), A DISTANCE OF 1835.11 FEET TO A
POINT; THENCE NORTH 00103'14" EAST A DISTANCE OF 30-00 FEET TO THE
SOUTHWEST CORNER OF THE WEST 50.00 FEET OF THE. EAST 164-00 FEET OF THE
SOUTH 628.00 FEET OF LOT 23- PACE ACRES, AS RECORDED IN PLAT BOOK 3, PAGE
21 OF THE PUBLIC RECORDS OF SEMINOLE COUNTY_ FLORIDA SAID POINT BEING
ON THE NORTH RIGHT OF WAY LINE OF CELERY AVENUE (OLD STATE ROAD 415)
PER OFFICIAL RECORDS BOOK 1099, PAGE 234 OF THE PUBLIC RECORDS OF
SEMINOLE COUNTY, FLORIDA AND THE POINT OF BEGINNING-, THENCE NORTH
89056'46" IVEST ALONG SAID NORTH RIGHT OF WAY LIINTE, A DISTANCE OF 497.48
FEET TO THE SOUTHEAST CORNER OF RIGHT OF WAY TAKING RECORDED IN
OFFICIAL RECORDS BOOK 2100, PAGE 829 OF THE PUBLIC RECORDS OF SEMINOLE
COUNTY, FLORIDA, THENCE THE FOLLOWING THREE COURSES ALONG SAID RIGHT
OF WAY TAKING,- THENCE NORTH 00"03'14" EAST., A DISTANCE OF 15.00 FEET TO A
POINT: THENCE NORTH 89'56'46" WEST, A DISTANCE OF 140-31 FEET TO A POINT-,
THENCE NORTH 55"55'07" WEST, A DISTANCE OF 44.50 FEET TO A POINT ON THE
EAST RIGHT OF WAY LINE OF MELLON'vrILLE AVENUE PER OFFICIAL RECORDS
BOOK 1099, PAGE 234 OF THE PUBLIC RECORDS OF SEMINOLE COUNTY, FLORIDA:
THENCE NORTH 04004'10" EAST ALONG SAID EAST RIGHT OF WAY LENTE, A
DISTANCE OF 418-41 FEET TO A POINT ON THE NORTH LINE OF PARCEL 3 OF LANDS
DESCRIBED IN OFFICIAL RECORDS BOOK 1099, PAGE 234 OF THE PUBLIC RECORDS
OF SEMINOLE COUNTY- FLORIDA; THENCE THE FOLLOWING FOUR COURSES
ALONG SAID NORTH LINE; THENCE SOUTH 85039'07" EAST, A DISTANCE OF 90-11
FEET TO A POINT-. THENCE NORTH 04019'56" EAST, A DISTANCE OF 73.68 FEET TO A
POINT, THENCE SOUTH 87158'09" EAST, A DISTANCE OF 200-23 FEET TO THE
SOUTHWEST CORNER OF PARCEL 2 OF SAID LANDS- THENCE SOUTH 8944'39" EAST,
A DISTANCE OF 162.82 FEET TO A POINT; THENCE DEPARTING SAID NORTH LINE_
RUNSOUTH 00006'46" WEST, A DISTANCE OF 97.81 FEET TO A POINT: THENCE SOUTH
89053'14" EAST, A DISTANCE OF 186.42 FEET TO A POINT ON THE WEST LINE OF
LANDS DESCRIBED IN OFFICIAL RECORDS BOOK 7305_PAGE1756 OF THE PUBLIC
RECORDS OF SEMINOLE COUNTY, FLORIDA; THENCE SOUTH 00002'58" EAST ALONG
SAID WEST LINE, A DISTANCE OF 418.53 FEET TO THE POINT OF BEGINNING_
Page1 of 2
EXHIBIT "A"
Mellonville - Access/Storage Easement (NON-EXCLUSIVE EASEMENT ESTATE):
That part of Section 30, Township 19 South, Range 31 East, Seminole
County, Florida, being a portion of Parcels 2 and 3 of lands described in
Official Records Book 1099, Page 234 of the Public Records of Seminole
County, Florida, and being more particularly described as follows:
Commencing at the Northwest corner of Section 32, Township 19 South,
Range 31 East, being a found nail and disk, stamped "FDOT LB 1221";
thence North 89056'46" West along the South line of the Southeast 1/4 of
Section 30, Township 19 South, Range 31 East, also being the centerline of
Celery Avenue (Old State Road 415), a distance of 1835.11 feet to a point;
thence North 00003'14" East, a distance of 30.00 feet to the Southwest
corner of the West 50.00 feet of the East 164.00 feet of the South 628.00
feet of Lot 23, Pace Acres, as recorded in Plat Book 3, Page 21 of the Public
Records of Seminole County, Florida, said point being on the North right of
way line of Celery Avenue (Old State Road 415) per Official Records Book
1099, Page 234 of the Public Records of Seminole County, Florida; thence
North 00002'58" West along the West line of lands described in Official
Records Book 7305, Page 1756 of the Public Records of Seminole County,
Florida, a distance of 418.53 feet to the point of beginning; thence North
89053'14" West, a distance of 55.00 feet to a point; thence North 00002'58"
West along a line 55.00 feet West of and parallel to said West line, a
distance of 147.38 feet to a point; thence North 89°56'03" West, a distance
of 105.72 feet to a point; thence North 85°59'41" West, a distance of 189.47
feet to a point; thence North 00044'26" West, a distance of 62.39 feet to a
point; thence North 89032'30" East, a distance of 296.11 feet to a point;
thence North 01 °30'01" West, a distance of 76.17 feet to a point on the North
line of aforesaid Lot 23; thence South 89056'46" East along said North line,
a distance of 56.29 feet to a point on the Northerly projection of aforesaid
West line; thence South 00002'58" East along said Northerly projection and
said West line, a distance of 301.69 feet to the Point of Beginning.
Page 2 of 2
Parcel 1 - Ridgewood / SHS Athletic Field (FEE SIMPLE ESTATE):
All that tract or parcel of land lying in the Northeast quarter of Section 2,
Township 20 South, Range 30 East, and being a portion of tax parcel 10 as
described in Official Records Book 3688, Page 1294 of the Public Records
of Seminole County, Florida, and being more particularly described as
follows:
Commencing at the Northeast corner of the Northeast quarter of Section 2,
Township 20 South, Range 30 East; thence South 00021'42" East along the
East line of the Northeast quarter of said Section 2, a distance of 2,063.38
feet to a point; thence South 89056'46" West a distance of 1,391.43 feet to
the Southwest corner of tax parcel 47C as described in Official Records
Book 1201, Page 126 of said Public Records, a portion of the previous
course being coincident with the South line of said tax parcel 47C; thence
North 00030'42" West along the West line of said tax parcel 47C, a distance
of 37.81 feet to the Point of Beginning; thence departing said West line,
South 89°49'19" West a distance of 333.50 feet to a point on the West line
of said tax parcel 10; thence North 00°29'13" West along said West line a
distance of 226.06 feet to a 4" by 4" concrete monument (no identification
number) marking the Northwest corner thereof; thence South 89°55'17" East
along the North line of said tax parcel 10, a distance of 319.34 feet to a 5"
round concrete monument (no identification number) marking the Northeast
corner thereof, said Northeast corner lying on the West line of tax parcel 58
as described in Official Records Book 3162, Page 113 of said Public
Records; thence South 000 1546" East, along the West line of said tax parcel
58, a distance of 111.55 feet to the Southwest corner thereof; thence South
88046'24" East along the South line of tax parcel 58, a distance of 14.57 feet
to a 4" by 4" concrete monument (no identification number) marking the
Northwest corner of said tax parcel 47C; thence South 00°30'42" East, along
said West line of tax parcel 47C, a distance of 112.72 feet to the Point of
Beginning.
Parcel 2 - Palm Terrace / Poinsetta (FEE SIMPLE ESTATE):
A portion of Blocks 6, 8 and 9 and a portion of the vacated rights-of-way of
Princeton Avenue and Yale Avenue, Palm Terrace, according to the plat
thereof, as recorded in Plat Book 4, Pages 82 and 83, of the Public Records
of Seminole County, Florida, and being more particularly described as
follows:
Begin at the Northwest corner of said Block 6 and run North 89°30'36" East,
along the South right-of-way line of Palm Drive, as shown on the said plat of
Page 1 of 3
EXHIBIT "B"
Palm Terrace, 627.10 feet to a point on the West line of Lot 17 of said Block
9; thence run North 00°29'51" West, along the East right-of-way line of said
Yale Avenue, 40.14 feet to the Northwest corner of Lot 17; thence run North
89°23'47" East, along the North line of said Lot 17, 119.19 feet to the
Northeast corner of said Lot 17; thence run South 00°15'59" East, along the
East line of said Block 9, 178.30 feet; thence, leaving said East line, run
North 81 °2725" West 329.42 feet; thence run South 00°00'44" West 259.97
feet; thence run South 89°31'45" West 417.93 feet to a point on the West
line of said Block 6; thence run North 00029'53" West, along said West line,
346.03 feet to the Point of Beginning.
Parcel 3 - SHS Athletic Field Easement (NON-EXCLUSIVE EASEMENT ESTATE):
Together with the non-exclusive easement right(s) as created by that certain
Access Easement/Sanford to School Board recorded July 12, 2018 in Official
Records Book 9170, Page 1688, Public Records of Seminole County, Florida
Access Easement #1 - Mellonville/Celery (NON-EXCLUSIVE EASEMENT ESTATE):
That part of Section 30, Township 19 South, Range 31 East, Seminole
County, Florida, being a portion of Parcel 3 of lands described in Official
Records Book 1099, Page 234, of the Public Records of Seminole County,
Florida, and being more particularly described as follows:
Commencing at the Northwest corner of Section 32, Township 19 South,
Range 31 East, being a found nail and disk, stamped "FDOT LB 1221";
thence North 89°56'46" West, along the South line of the Southeast 1/4 of
Section 30, Township 19 South, Range 31 East, also being the centerline of
Celery Avenue (Old state Road 415), a distance of 1,835.11 feet to a point;
thence North 00°03'14" East a distance of 30.00 feet to the Southwest corner
of the West 50.00 feet of the East 164.00 feet of the South 628.00 feet of Lot
23, Pace Acres, as recorded in Plat Book 3, Page 21, of the Public Records
of Seminole County, Florida, said point being on the North right-of-way line
of Celery Avenue (Old State Road 415) per Official Records Book 1099,
Page 234, of the Public Records of Seminole County, Florida, and the Point
of Beginning; thence North 89 °56'46" West, along said North right-of-way
line, a distance of 75.53 feet to a point; thence North 10 °23'16" East a
distance of 118.23 feet to a point; thence North 13°53'52" East a distance of
91.74 feet to a point; thence North 0002'58" West, along a line 32.00 feet
West of and parallel to the West line of lands described in Official Records
Book 7305, Page 1756, of the Public Records of Seminole County, Florida,
a distance of 213.18 feet to a point; thence South 89°53'14" East a distance
of 32.00 feet to a point on said West line; thence South 00 °02'58" East,
along said West line, a distance of 418.53 feet to the Point of Beginning.
Page 2 of 3
Access Easement #2 - Mellonville (NON-EXCLUSIVE EASEMENT ESTATE):
That part of Section 30, Township 19 South, Range 31 East, Seminole
County, Florida, lying in a portion of Lot 24, Pace Acres, according to the plat
thereof, as recorded in Plat Book 3, Page 21, of the Public Records of
Seminole County, Florida, and being more particularly described as follows:
Commencing at the Northwest corner of Section 32, Township 19 South,
Range 31 East, Seminole County, Florida, being a found nail and disk,
stamped "FDOT LB 1221"; thence North 89°56'46" West, along the South
line of the Southeast 114 of Section 30, Township 19 South, Range 31 East,
also being the centerline of Celery Avenue (Old State Road 415), a distance
of 1,835.11 feet to a point; thence North 00°03'14" East a distance of 30.00
feet to the Southwest corner of the West 50.00 feet of the East 164.00 feet
of the South 628.00 feet of Lot 23, Pace Acres, as recorded in Plat Book 3,
Page 21, of the Public Records of Seminole County, Florida, said point being
on the North right-of-way of Celery Avenue (Old State Road 415), per Official
Records Book 1099, Page 234, of the Public Records of Seminole county,
Florida; thence North 89°56'46" West, along said North right-of-way line, a
distance of 497.48 feet to the Southeast corner of right-of-way taking
recorded in Official Records Book 2100, Page 829, of the Public Records of
Seminole County, Florida; thence the following three (3) courses along said
right-of-way taking; thence North 00°03'14" East a distance of 15.00 feet to
a point; thence North 89°56'46" West a distance of 140.31 feet to a point;
thence North 55°55'07" West a distance of 44.50 feet to a point on the East
right-of-way line of Mellonville Avenue, per Official Records Book 1099, Page
234, of the Public Records of Seminole County, Florida; thence North
04°04'10" East, along said East right-of-way line, a distance of 506.15 feet
to the Point of Beginning; thence, continue along said right-of-way line, North
04°04'10" East a distance of 50.01 feet to a point; thence, departing said
right-of-way line, South 86°48'10" East a distance of 285.40 feet to a point
on the West line of Hamilton Elementary School property; thence South
00°44'26" East, along said West line, a distance of 50.12 feet to a point;
thence, departing said West line, North 86048'10" West a distance of 289.60
feet to the Point of Beginning.
Page 3of3
GRANT MALOY, SEMINOLE COUNTY
CLERK OF CIRCUIT COURT & COMPTROLLER
CFN# 2019021258 Bk:9305 Page:1891-1900
REC: 02/28/2019 1:23:39 PM by kmendez
RECORDING FEES $86.50
DEED TAX $7,779.80
This Instrument Prepared By:
Margaret A. Wharton
Wharton Law Group, P.A.
P. O. Box 621172
Oviedo, Florida 32762-1172
Parcel ID#: 30-19-31-300-0130-0000
SPECIAL WARRANTY DEED
THIS WARRANTY DEED made this 71/ day of .. ,
2019, by THE SCHOOL BOARD OF SEMINOLE COUNTY, FLORIDA,"
body
corporate and the governing body for THE SEMINOLE COUNTY SCHOOL DIS RICT,
a political subdivision of the State of Florida, having an address at: 400 East Lake Mary
Boulevard, Sanford, Florida 32773, and THE CITY OF SANFORD, FLORIDA, A Florida
municipality, having an address at: 300 North Park Avenue, Sanford, Florida 32772
("Grantee").
WITNESSETH: Grantor, for and inconsideration of the sum of Ten and No/100 Dollars
($10.00) and other valuable consideration, the receipt and sufficiency of which consideration is
hereby acknowledged, have Granted, Sold, and Conveyed, and by these presents does Grant,
Sell, and Convey unto Grantee all that real property situated in the County of Seminole, State of
Florida, and more particularly described in Exhibit "A" attached hereto (the "Property"):
This Deed is made and accepted expressly subject to those matters set forth on Exhibit
"B" attached hereto. This reference shall not serve to reimpose same.
Grantor hereby specifically releases any automatic reservation and right of entry in
accordance with Florida Statute §270.11.
TO HAVE AND TO HOLD the Property in fee simple, together with all and singular the
rights and appurtenances belonging in any way to the Property, unto the said Grantee, its
successors and assigns forever, and Grantor covenants with Grantee, that except as noted above,
at the time of delivery of this Warranty Deed, the Property was free from all encumbrances made
by the Grantor and that Grantor binds itself and its successors and assigns to warrant and forever
defend all and singular the Property to Grantee, its successors and assigns, against every person
lawfully claiming or to claim all or any part of the Property by, through or under the Grantor, but
not otherwise.
[Signature on following page]
IN WITNESS WHEREOF, Grantor has executed this Warranty Deed on this, - day
of February, 2019.
Signed, sealed and
•rint n'fix; r
1
STATE OF FLORI A
COUNTY OF
THE SCHOOL BOARD OF SEMINOLE
COUNTY, FLORIDA, a body corporate and the
governing body for the SEMINOLE COUNTY
SCHOOL DISTRICT, a political subdivision of the
State of Florida
BY: /,, /)//, & , / "
DR. WALT GRIFFIN, Superintendent
M
This instrument was acknowledged before me this % 7day of February, 2019, as
Superintendent of Tire School Board of Seminole County, Florida, under authority duly vested in
him. Affiant is V personally known by me or oduced a Florida driver's licenses for
identification.
Notary Public - State of Florida
(SEAL) My Commission Expires:
E?.Ov Notary Public State of FloridaMargaret A Wharton
9 my co missi n FF239182
EXHIBIT "A"
LEGAL DESCRIPTION
THAT PART OF SECTION 30, TOWNSHIP 19 SOUTH, RANGE 31 EAST, SEMINOLE
COUNTY, FLORIDA, BEING ALL OF PARCEL 1 AND A PORTION OF PARCEL 3 OF
LANDS DESCRIBED IN OFFICIAL RECORDS BOOK 1099, PAGE 234 OF THE PUBLIC
RECORDS OF SEMINOLE COUNTY, FLORIDA, AND BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHWEST CORNER OF SECTION 32, TOWNSHIP 19 SOUTH,
RANGE 31 EAST, BEING A FOUND NAIL AND DISK, STAMPED "FDOT LB 1221'; THENCE
NORTH 89056'46" WEST ALONG THE SOUTH LINE OF THE SOUTHEAST 1/4 OF SECTION
30, TOWNSHIP 19 SOUTH, RANGE 31 EAST, ALSO BEING THE CENTERLINE OF CELERY
AVENUE (OLD STATE ROAD 415), A DISTANCE OF 1835.11 FEET TO A POINT; THENCE
NORTH 00003'14" EAST, A DISTANCE OF 30.00 FEET TO THE SOUTHWEST CORNER OF
THE WEST 50.00 FEET OF THE EAST 164.00 FEET OF THE SOUTH 628.00 FEET OF LOT 23,
PACE ACRES, AS RECORDED IN PLAT BOOK 3, PAGE 21 OF THE PUBLIC RECORDS OF
SEMINOLE COUNTY, FLORIDA, SAID POINT BEING ON THE NORTH RIGHT OF WAY
LINE OF CELERY AVENUE (OLD STATE ROAD 415) PER OFFICIAL RECORDS BOOK
1099, PAGE 234 OF THE PUBLIC RECORDS OF SEMINOLE COUNTY, FLORIDA AND THE
POINT OF BEGINNING; THENCE NORTH 89°56'46" WEST ALONG SAID NORTH RIGHT
OF WAY LINE, A DISTANCE OF 497.48 FEET TO THE SOUTHEAST CORNER OF RIGHT
OF WAY TAKING RECORDED IN OFFICIAL RECORDS BOOK 2100, PAGE 829 OF THE
PUBLIC RECORDS OF SEMINOLE COUNTY, FLORIDA; THENCE THE FOLLOWING
THREE COURSES ALONG SAID RIGHT OF WAY TAKING; THENCE NORTH 00°03'14"
EAST, A DISTANCE OF 15.00 FEET TO A POINT; THENCE NORTH 89°5646" WEST, A
DISTANCE OF 140.31 FEET TO A POINT; THENCE NORTH 55°55'07" WEST, A DISTANCE
OF 44.50 FEET TO A POINT ON THE EAST RIGHT OF WAY LINE OF MELLONVILLE
AVENUE PER OFFICIAL RECORDS BOOK 1099, PAGE 234 OF THE PUBLIC RECORDS OF
SEMINOLE COUNTY, FLORIDA; THENCE NORTH 04°04'10" EAST ALONG SAID EAST
RIGHT OF WAY LINE, A DISTANCE OF 418.41 FEET TO A POINT ON THE NORTH LINE
OF PARCEL 3 OF LANDS DESCRIBED IN OFFICIAL RECORDS BOOK 1099, PAGE 234 OF
THE PUBLIC RECORDS OF SEMINOLE COUNTY, FLORIDA; THENCE THE FOLLOWING
FOUR COURSES ALONG SAID NORTH LINE; THENCE SOUTH 85°39'07" EAST, A
DISTANCE OF 90.11 FEET TO A POINT; THENCE NORTH 04'19'56" EAST, A DISTANCE OF
73.68 FEET TO A POINT; THENCE SOUTH 87°58'09" EAST, A DISTANCE OF 200.23 FEET
TO THE SOUTHWEST CORNER OF PARCEL 2 OF SAID LANDS; THENCE SOUTH 89°4439"
EAST, A DISTANCE OF 162.82 FEET TO A POINT; THENCE DEPARTING SAID NORTH
LINE, RUN SOUTH 00006'46" WEST, A DISTANCE OF 97.81 FEET TO A POINT; THENCE
SOUTH 89053'14" EAST, A DISTANCE OF 186.42 FEET TO A POINT ON THE WEST LINE
OF LANDS DESCRIBED IN OFFICIAL RECORDS BOOK 7305, PAGE 1756 OF THE PUBLIC
RECORDS OF SEMINOLE COUNTY, FLORIDA; THENCE SOUTH 00°02'58" EAST ALONG
SAID WEST LINE, A DISTANCE OF 418.53 FEET TO THE POINT OF BEGINNING.
EXCEPTIONS TO TITLE
1. Taxes and assessments for the year 2019 and subsequent years, which are not yet due and
payable.
2. Easement in favor of Florida Power & Light Company recorded in O.R. Book 1143, Page
1003, Public Records of Seminole County, Florida.
3. Utility and Construction Easement recorded in O.R. Book 1940, Page 1564, Public
Records of Seminole County, Florida.
4. Access Easement Agreement dated February , 2019, entered into between The
School Board of Seminole County, Florida, and The City of Sanford, Florida recorded in
O. R. Book , Page
6. Joint Use Parking Easement Agreement dated February , 2019, entered into
between The School Board of Seminole County, Florida, and The City of Sanford,
Florida recorded in O. R. Book , Page
7. Access and Storage License Agreement dated February , 2019, entered into
between The School Board of Seminole County, Florida, and The City of Sanford,
Florida.
All recording references are to the Public Records of Seminole County, Florida.
Prepared by and return to:
Margaret A. Wharton
Wharton Law Group, P.A.
456 S. Central Ave.
P.O. Box 621172
Oviedo, FL 32762-1172
(407)365-7193
CERTIFICATE OF RESOLUTION
The undersigned, JILL MAHRAMUS, as duly authorized and acting Secretary of
The School Board of Seminole County, Florida (the "School Board"), hereby certifies that
Resolution No. C: 0 1 q� copy of which is attached, was duly adopted by the School
Board on ° c , 2019.
STATE OF FLORIDA
COUNTY OF SEMINOLE
ttl
This in trument was ack owledged before me on this day of
2019, by JILL MAAMUS, as Secretary of The School Board of
Seminole Counfy, Florida. Affiant is personally own by me or produced a
Florida driver's license for identification.
N Y PUBLIC -STATE OF FLORIDA
My Commission Expires:
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Notary Public State of Florida
Margaretp�Nharto391B2
My Commission FF 2
Expires 0711712019
RESOLUTION 2019-01
A RESOLUTION OF THE SCHOOL BOARD OF SEMINOLE
COUNTY, FLORIDA AUTHORIZING THE
SUPERINTENDENT FOR THE SCHOOL DISTRICT OF
SEMINOLE COUNTY, FLORIDA, OR THE EXECUTIVE
DIRECTOR OF OPERATIONS FOR THE SCHOOL DISTRICT
OF SEMINOLE COUNTY, FLORIDA, TO EXECUTE ALL
DOCUMENTS NECESSARY TO CONSUMMATE THE SALE
OF CERTAIN REAL PROPERTY OWNED BY THE SCHOOL
DISTRICT OF SEMINOLE COUNTY, FLORIDA, TO THE CITY
OF SANFORD, FLORIDA, AND IN EXCHANGE THE
PURCHASE OF CERTAIN REAL PROPERTY FROM THE CITY
OF SANFORD, FLORIDA, AND THE CONVEYANCE OF
CERTAIN EASEMENT RIGHTS ASSOCIATED WITH BOTH
PROPERTIES, INCLUDING BUT NOT LIMITED TO:
WARRANTY DEEDS, ACCESS AND UTILITY EASEMENTS,
CLOSING STATEMENTS, ANY MODIFICATIONS OR
AMENDMENTS TO THE CONTRACT AS MAY BE
NECESSARY OR APPROPRIATE TO MEET THE INTENT OF
THE PARTIES AS REFLECTED IN THE CONTRACT, AND
ALL OTHER DOCUMENTS NECESSARY TO CONSUMMATE
THE SALE INCLUDING ANY ANCILLARY AGREEMENTS
BY AND BETWEEN THE SCHOOL BOARD OF SEMINOLE
COUNTY, FLORIDA AND THE CITY OF SANFORD,
FLORIDA; CONFLICTS; AND EFFECTIVE DATE
WHEREAS, The School Board of Seminole County, Florida, is the owner in fee simple of a parcel
of real property containing approximately 7.211 acres located on the corner of Celery Avenue and
Mellonville Avenue, Sanford, Seminole County, Florida, and the City of Sanford, Florida, desires
to acquire that property in exchange for $400,000 cash together with a parcel of real property
located on Ridgewood Avenue, Sanford, Florida, which is near Seminole High School and a parcel
in Palm Terrace subdivision located at 601 E. 251 Place, Sanford, Florida, upon which the School
Board intends to construct improvements for future use, and the parties have further agreed to grant
unto each other certain easements associated with each of the properties, as described in the
Contract for Sale and Purchase (Land Exchange Agreement) Between The School Board of
Seminole County, Florida, and the City of Sanford, which was approved by The School Board
dated August 14, 2018, as amended by First Addendum dated October 9, 2018, and Second
Addendum dated November 20, 2018 (collectively the "Contract"), and
WHEREAS, the property to be transferred by the School Board to the City of Sanford, Florida, is
described in Exhibit "A" attached hereto, and the property to be transferred by the City of Sanford,
Florida, to the School Board is described in Exhibit "B" attached hereto, and
WHEREAS, pursuant to unanimous approval of The School Board of Seminole County given at
the meeting held on August 14, 2018, the Chairman executed the Contract, and it is necessary for
the School Board of Seminole County to execute and deliver certain documents to consummate the
transaction, including but not limited to: warranty deeds, easements, closing statements, and such
other documents as may be necessary or appropriate to meet the intent of the parties as reflected in
the Contract.
NOW BE IT RESOLVED BY THE SCHOOL BOARD OF SEMINOLE COUNTY, FLORIDA,
SITTING IN REGULAR SESSION AT SANFORD, SEMINOLE COUNTY, FLORIDA, AS
FOLLOWS:
1. That The School Board of Seminole County authorize the Superintendent of the
School District of Seminole County, Florida to execute the deeds, easements and all other
documents necessary to consummate the sale and purchase pursuant to the Contract in form and
content as approved by the School Board Attorney.
2. That all other Resolutions of The School Board of Seminole County, Florida, in
conflict herewith be and the same are hereby repealed; and
This Resolution shall take effect immediately upon passage and adoption.
Passed and adopted by The School Board of Seminole County, Florida, sitting in regular session at
Sanford, Seminole County, Florida, on br -/V -1(q , 2019.
ATT,E T:
WALT GRIF IN, Sup mtendent
A
R D AS TO FORM BY:
o Beamon
School Board Attorney
The School Board of Seminole County, Florida
TINA CALDERONE, Chairman
EXHIBIT "A"
THAT PART OF SECTION 30, TOWNSHIP 19 SOUTH, RANGE 31 EAST, SEMINOLE
COUNTY, FLORIDA, BEING ALL OF PARCEL 1 AND A PORTION OF PARCEL 3 OF
LANDS DESCRIBED IN OFFICIAL RECORDS BOOK 1099, PAGE 234 OF THE PUBLIC
RECORDS OF SEMINOLE COUNTY, FLORIDA, AND BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHWEST CORNER OF SECTION 32, TOWNSHIP 19 SOUTH,
RANGE 31 EAST, BEING A FOUND NAIL AND DISK, STAMPED "FDOT LB 1221 ";
THENCE NORTH 89056'46" WEST ALONG THE SOUTH LINE OF THE SOUTHEAST 1/4 OF
SECTION 30, TOWNSHIP 19 SOUTH, RANGE 31 EAST, ALSO BEING THE CENTERLINE
OF CELERY AVENUE (OLD STATE ROAD 415), A DISTANCE OF 1835.11 FEET TO A
POINT; THENCE NORTH 00003'14" EAST, A DISTANCE OF 30.00 FEET TO THE
SOUTHWEST CORNER OF THE WEST 50.00 FEET OF THE EAST 164.00 FEET OF THE
SOUTH 628.00 FEET OF LOT 23, PACE ACRES, AS RECORDED IN PLAT BOOK 3. PAGE
21 OF THE PUBLIC RECORDS OF SEMINOLE COUNTY, FLORIDA, SAID POINT BEING
ON THE NORTH RIGHT OF WAY LINE OF CELERY AVENUE (OLD STATE ROAD 415)
PER OFFICIAL RECORDS BOOK 1099, PAGE 234 OF THE PUBLIC RECORDS OF
SEMINOLE COUNTY, FLORIDA AND THE POINT OF BEGINNING; THENCE NORTH
89056'46" WEST ALONG SAID NORTH RIGHT OF WAY LINE, A DISTANCE OF 497.48
FEET TO THE SOUTHEAST CORNER OF RIGHT OF WAY TAKING RECORDED IN
OFFICIAL RECORDS BOOK 2100. PAGE 829 OF THE PUBLIC RECORDS OF SEMINOLE
COUNTY, FLORIDA; THENCE THE FOLLOWING THREE COURSES ALONG SAID RIGHT
OF WAY TAKING; THENCE NORTH 00°03'14" EAST, A DISTANCE OF 15.00 FEET TO A
POINT; THENCE NORTH 89°56'46" WEST, A DISTANCE OF 140.31 FEET TO A POINT;
THENCE NORTH 55055'07" WEST, A DISTANCE OF 44.50 FEET TO A POINT ON THE
EAST RIGHT OF WAY LINE OF MELLONVILLE AVENUE PER OFFICIAL RECORDS
BOOK 1099, PAGE 234 OF THE PUBLIC RECORDS OF SEMINOLE COUNTY, FLORIDA;
THENCE NORTH 04004'10" EAST ALONG SAID EAST RIGHT OF WAY LINE, A
DISTANCE OF 418.41 FEET TO A POINT ON THE NORTH LINE OF PARCEL 3 OF LANDS
DESCRIBED IN OFFICIAL RECORDS BOOK 1099, PAGE 234 OF THE PUBLIC RECORDS
OF SEMINOLE COUNTY, FLORIDA; THENCE THE FOLLOWING FOUR COURSES
ALONG SAID NORTH LINE; THENCE SOUTH 85°39'07" EAST, A DISTANCE OF 90.11
FEET TO A POINT; THENCE NORTH 04119'56" EAST, A DISTANCE OF 73.68 FEET TO A
POINT; THENCE SOUTH 87°58'09" EAST, A DISTANCE OF 200.23 FEET TO THE
SOUTHWEST CORNER OF PARCEL 2 OF SAID LANDS; THENCE SOUTH 89°44'39" EAST,
A DISTANCE OF 162.82 FEET TO A POINT; THENCE DEPARTING SAID NORTH LINE,
RUN SOUTH 00006'46" WEST, A DISTANCE OF 97.81 FEET TO A POINT; THENCE SOUTH
89°53'14" EAST, A DISTANCE OF 186.42 FEET TO A POINT ON THE WEST LINE OF
LANDS DESCRIBED IN OFFICIAL RECORDS BOOK 7305, PAGE 1756 OF THE PUBLIC
RECORDS OF SEMINOLE COUNTY, FLORIDA; THENCE SOUTH 00°02'58" EAST ALONG
SAID WEST LINE, A DISTANCE OF 418.53 FEET TO THE POINT OF BEGINNING.
EXHIBIT "B"
Parcel 1: (FEE SIMPLE ESTATE)
The North 278,73 feet of the following parcel of land:
A parcel in Section 2, Township 20 South, Range 30 East, beginning 2:1.56 chains West and 26,5
chains South of the Northeast corner, run South 8,28 chains, West 4.84 chains, North 8.28 chains
and East 4,84 chains, being Tax Parcel 02.20-30-300-0I,00-0000, according to the Public Records
Of Seminole County, Florida,
Parcel 2: (FEE SIMPLE ESTATE)
A portion of Blocks 6, 8 and 9 and a portion of the vacated rights-of-way of Princeton Avenue and
Yale Avenue, Palm Terrace, according to the plat thereof, as recorded In Plat Book 4, Pages 82 and
83, of the Public Records of Seminole County, Florida, and being more particularly described as
follows:
Begin at the Northwest corner of said Block 6 'and run North 89030'36" East, along the South right -
or -way line of Palm Drive, as shown on the said plat of Palm Terrace, 627.:10 feet to a point; on the
West line of Lot 17 of sale! Block 9; thence run North 00029151" West, along the East right-of-way
line of said Yale Avenue, 40,14 feet to the Northwest corner of Lot 17; thence run North 89023'47"
East, along the North line of said Lot 17, 119.19 feet to the Northeast corner of said Lot 17; thence
run South 00615'59° East, along the East line of said Block 9, 178.30 feet; thence, leaving said
East line, run North 81027'25" West 329.42 feet; thence run South 00000'44" West 259,97 feet;
thence run South 89031'45" West 417.93 feet to a point on the West line of said Blocl< 6; thence
run North 00029153" West, along sold West line, 346.03 feet to the Point of Beginning,
Together with non-exclusive easements over and across the :following properties:
That part of Section 30, Township 19 South, Range 31 East, Seminole County, Florida, lying in a
Portion of Lot 24, Pace Acres, according to the plat thereof, as recorded In Plat Book 3, Page 21, of
the Public Records of Seminole County, Florida, and being more particularly described as follows:
Commencing at the Northwest corner of Section 32, Township 19 South, Range 31 East, Seminole
County, Florida, being a found nall and disk, stamped "FDOT LB 1221"; thence North 89056146"
West, along the South line of the Southeast 1/4 of Section 30, Township 19 South, Range 31 East,
also being the centerline of Celery Avenue (Old State Road 415), a distance of 1,835.11 feet to a
point; thence North 00003'14" East a distance of 30.00 feet to the Southwest corner of the West
50.00 feet of the East 164,00 feet of the South 628.00 feet of Lot 23, Pace Acres, as recorded in
Plat Book 3, Page 21, of the Public Records of Seminole County, Florida, said point being on the
North right-of-way of Celery Avenue (Old State Road 415), per Official Records Book 1099, Page
234, of the Public Records of Seminole county, Florida; thence North 89056146" West, along said
North right-of-way line, a distance of 497.48 feet to the Southeast corner of right-of-way taking
recorded in Official Retords Book 2100, Page 829, of the Public Records of Seminole County,
Florida; thence the following three (3) courses along said right-of-way taking; thence North
00003'14" East a distance of 15.00 feet to a point; thence North 89056'46" West a distance of
140.31 feet to a point; thence North 55055'07" West a distance of 44.50 feet to a point on the East
right-of-way line of Meilonviile Avenue, per Official Records Book 1099, Page 234, of the Public
Records of Seminole County, Florida; thence North 04004'10" East, along said East right-of-way
line, a distance of 506.15 feet to the Point of Beginning; thence, continue along said right-of-way
line, North 04004'10" East a distance of 50.01 feet to a point; thence, departing said right-of-way
line, South 86048'10" East a distance of 285,40 feet to a point on the West line of Hamilton
Elementary School property; thence South 00044'26" East, along said West line, a distance of
50.12 feet to a point; thence, departing said West line, North 86048'10" West a distance of 289,60
feet to the Point of Beginning,
GRANT MALOY, SEMINOLE COUNTY
CLERK OF CIRCUIT COURT & COMPTROLLER
CFN# 2019021262 Bk:9305 Page:1917-1927
REC: 0212812019 1:23:43 PM by kmendez
This instrument prepared by and return to: RECORDING FEES $95.00
MARGARET A. WHARTON
WHARTON LAW GROUP, PA
P. O. Box 621172
Oviedo, Florida 32762-1172
JOINT USE PARKING
EASEMENT AGREEMENT
THIS JOINT USE PARKING EASEMENT AGREEMENT (the "Parking Easement
Agreement") is made and entered into this __ � l day of February, 2019, by and between
CITY OF SANFORD,FLORIDA, a Florida municipality operating under the home rule powers
vested in municipal governments under controlling Florida Law, whose address is 300 North Park
Avenue, Sanford, Florida 32772 ("the CITY"), and THE SCHOOL BOARD OF SEMINOLE
COUNTY, FLORIDA, the governing body of the Seminole County School District operating in
accordance with the provisions of Part II of Chapter 1001, Fla. Stat., whose address is 400 East
Lake Mary Blvd., Sanford, Florida 32773 (the "SCHOOL BOARD"). The CITY and SCHOOL
BOARD are sometimes collectively referred to herein as the "Parties".
RECITALS
A. The CITY is the owner of Parcel A as described in Exhibit "A" attached hereto and by
reference made a part hereof, having purchased that property from the SCHOOL BOARD
simultaneous with the execution of this Agreement.
B. The SCHOOL BOARD continues to own land adjacent to Parcel A upon which is located
an elementary school and other school facilities to the North and East and other educational
warehouse facilities to the North.
C. The CITY will be developing Parcel A into a sports complex upon which the CITY will
be constructing a parking area to be located on the East side of the property comprised of
approximately 2 acres of land within Parcel A (the "Parking Area") as depicted on the site
plan attached hereto as Exhibit "B".
D. As part of the consideration for the sale of Parcel A to the CITY, the CITY agreed that the
Parking Area would be jointly utilized by both the CITY and the SCHOOL BOARD in
the future and the Parties desire to memorialize the agreement regarding their joint use as
provided herein.
NOW, THEREFORE, in consideration of the above premises and of the covenants herein
contained, the CITY and the SCHOOL BOARD hereby covenant and agree as follows:
AGREEMENTS
Definitions. For purposes hereof.-
(a)
ereof:
(a) The term "Parcel' shall mean Parcel A.
{26495970;4}
(b) The term "Owner" or "Owners" shall mean the CITY (as to Parcel A) and the
SCHOOL BOARD (as to its adjacent property) and each of the Owner or
Owners shall sometimes also be referred to as the "Par " or "Parties" and any
and all successors or assigns of such persons as the owner or owners of fee
simple title to all or any portion of the real property covered hereby, whether by
sale, assignment, inheritance, operation of law, trustee's sale, foreclosure, or
otherwise, but not including the holder of any lien or encumbrance on such real
property.
(c) The term "Parking Easement Area" shall mean the East 2 acres of Parcel A in
the approximate location depicted on Exhibit "B". If either of the Parties desires
to describe the location of the Parking Easement Area more specifically by legal
description, the other Party agrees to cooperate in the execution and delivery of
a modification to this Agreement to be recorded in the Official Records
accordingly.
(d) The term "Permittees" shall mean the tenant(s) or occupant(s) of a Parcel or a
portion thereof, and the respective employees, agents, contractors, guests,
invitees and licensees of the Parties and the general public who intend to or are
utilizing the SCHOOL BOARD facilities and school or the CITY's facilities to
be located on the remaining portion of Parcel A.
2. Description, Grant and Use of Easement.
2.1 Grant of Joint Use ParkinL, Easement. Subject to any express conditions,
limitations or reservations contained herein, the CITY hereby grants, establishes,
covenants and agrees that the SCHOOL BOARD, or its Permittees shall be benefited by
a non-exclusive perpetual Parking Easement over and across the Parking Easement Area
for vehicular parking purposes for the SCHOOL BOARD's Permittees. The Parties
acknowledge and agree that the CITY shall pay all costs associated with constructing the
improvements reasonably necessary for the use and enjoyment of the Parking Easement
and after construction, the CITY will also maintain the Parking Easement Area in good
condition and pay all costs of operation, maintenance, repair and replacement of all
improvements located thereon.
2.2 Restricted Use. Except as otherwise provided in this Agreement, use of the
Parking Easement Area is limited to the passage and parking of motor vehicles and access
for pedestrians only and neither of the Parties shall utilize the Parking Easement Area in a
manner which will unreasonably interfere with the other Party's use thereof.
3. Construction, Operation, Maintenance, Repair and Restoration of the Easement.
In regard to the Easements:
(a) The CITY shall work in good faith to develop the Parking Easement Area during
the process of performing its improvements to the remainder of the Parcel for its
intended sports complex, and will keep the SCHOOL BOARD apprised of its
2
efforts in connection therewith, providing copies of plans for development,
construction and maintenance of the improvements for its review and approval and
keeping the SCHOOL BOARD informed of all development, maintenance and
construction activities which may temporarily restrict or limit the use thereof from
time to time. Once commenced, any construction shall be diligently prosecuted to
completion, and the CITY shall maintain all such improvements, including the
Parking Easement Area, in good condition at its sole expense.
(b) The CITY shall give the SCHOOL BOARD not less than fifteen (15) days' notice
prior to commencing any construction or other activity on the Parcel which may in
any way interfere with the use of the Parking Easement Area or the entering onto
Parcel A to perform any construction or other activities in connection with the
easement granted herein which may interfere with the full use of Parcel A by the
CITY or its Permittees, describing the work to be performed, the time periods that
the work will be undertaken, a description of the area in the Parcel that is intended
to be utilized in these activities and such other matters that the CITY may request
to determine the impact of such activities on its operations. The CITY shall notify
the SCHOOL BOARD of any objection thereto within fifteen (15) days of such
notice, failure of which shall be deemed a waiver of any right to object. The CITY
or its Permittees undertaking such work shall, with due diligence, repair at its sole
cost and expense any and all damage caused by such work and restore the affected
portion of both Parcels where such work is performed to a condition which is equal
to or better than the condition which existed prior to the commencement of such
work.
(c) The Parties acknowledge that simultaneous herewith an Access Easement has been
granted by the CITY to the SCHOOL BOARD for access to and from the school
which is located to the north and east of the Parcel, and that the Access Easement
is a primary access for the passage of motor vehicles and pedestrians to and from
the school facilities. That access easement is adjacent to the Parking Easement
Area. Therefore, the CITY will coordinate its construction and maintenance
activities so as not to interfere with the SCHOOL BOARD's use of that Access
Easement area while school is in session or there are school associated activities
taking place.
(d) No permanent building, structures, trees or other improvements inconsistent with
the use and enjoyment of the easement granted herein shall be placed over or
permitted to encroach upon the Parking Easement Area except for landscaping
(which may be removed, if necessary).
(e) The CITY shall cause all of the improvements in the Parking Easement Area to be
operated and maintained in good order, condition and repair; and in default thereof,
the SCHOOL BOARD shall have the right but not the obligation to pursue the
"Self Help" and other remedies as hereinafter provided in this Agreement.
4. Insurance and Indemnification.
(a) Indemnification.
(i) The SCHOOL BOARD agrees to indemnify and hold harmless the CITY,
its officers, employees, and agents, from any liability, loss, damage, judgment, lien,
expense and cost sustained or incurred in connection with any claims, suits actions,
or proceedings made or brought against the CITY as a result of any act or omissions
of the SCHOOL BOARD, its officers, employees or agents, in the performance of
its obligations under this Agreement.
(ii) The CITY agrees to indemnify and hold harmless the SCHOOL BOARD,
its officers, employees and agents, from any liability, loss, damage, judgment, lien,
expense and costs sustained or incurred in connection with any claims, suits, actions
or proceedings made or brought against the SCHOOL BOARD as a result of any
acts or omissions of the CITY, its officers, employees or agents.
No Waiver of Sovereign Immunity. The CITY and the SCHOOL BOARD shall each
be responsible for their own liabilities arising from their willful or negligent acts and
omissions related to activities undertaken by such party in accordance with the terms of
this Agreement. There shall be no indemnification of either party by the other. The CITY
and the SCHOOL BOARD are each a political subdivision of the State of Florida and
enjoy the privilege of limited sovereign immunity as set forth in Section 768.28, Fla. Stat.,
related to sovereign immunity and limitations on damages arising from actions in tort.
Nothing in this Agreement shall be construed as a waiver of any privilege, defense or
immunity afforded by law to any of the parties to this Agreement or their respective
employees, officers or agents.
6. Remedies and Enforcement.
6.1 All Legal and Equitable Remedies Available In the event of a breach or
threatened breach by any Owner or its Permittees of any of the terms, covenants,
restrictions or conditions hereof, the other Owner(s) shall be entitled forthwith to full and
adequate relief by injunction and/or all such other available legal and equitable remedies
from the consequences of such breach, including payment of any amounts due and/or
specific performance.
6.2 Remedies Cumulative. The remedies specified herein shall be cumulative and in
addition to all other remedies permitted at law or in equity.
6.3 No Termination For Breach. Notwithstanding the foregoing to the contrary, no
breach hereunder shall entitle a Party to cancel, rescind, or otherwise terminate this
Agreement. No breach hereunder shall defeat or render invalid the lien of any mortgage
or deed of trust upon any Parcel made in good faith for value, but the easement, covenants,
conditions and restrictions hereof shall be binding upon and effective against any Owner
0
of such Parcel covered hereby whose title thereto is acquired by foreclosure, trustee's sale,
or otherwise.
7. Term. The easement, covenants, conditions and restrictions contained in this Agreement
shall be effective commencing on the date of recordation of this Agreement in the office
of the Clerk of the Circuit Court of Seminole County, Florida and shall remain in full force
and effect thereafter in perpetuity until this Agreement is modified, amended, canceled or
terminated by the written consent of all then record Owners of each of the Parties'
properties.
8. Miscellaneous.
8.1 Attorneys' Fees. In the event a Party institutes any legal action or proceeding for
the enforcement of any right or obligation herein contained, the prevailing Party, after a
final adjudication, shall be entitled to recover its costs and reasonable attorneys' fees
incurred in the preparation and prosecution of such action or proceeding.
8.2 Amendment. The Parties agree that the provisions of this Agreement may be
modified or amended, in whole or in part, or terminated only by the written consent of all
record Owners of the properties, evidenced by a document that has been fully executed and
acknowledged by all such record Owners and recorded in the official records of the Clerk
of the Circuit Court of Seminole County, Florida.
8.3 Consents. Wherever in this Agreement the consent or approval of an Owner is
required, unless otherwise expressly provided herein, such consent or approval shall not be
unreasonably withheld, delayed or denied. Any request for consent or approval shall:
(a) be in writing; (b) specify the section hereof which requires that such notice be given or
that such consent or approval be obtained; and (c) be accompanied by such background
data as is reasonably necessary to make an informed decision thereon. The Owner shall
notify the other Owner of its objection to such request within thirty (30) days of the date
of such request, the failure of which shall be deemed as approval or consent.
8.4 No Waiver. No waiver of any default of any obligation by any Party hereto shall
be implied from any omission by the other Party to take any action with respect to such
default.
8.5 No Agency. Nothing in this Agreement shall be deemed or construed by either
Party or by any third person to create the relationship of principal and agent or of limited
or general partners or of joint venturers or of any other association between the Parties.
8.6 Covenants to Run with Land. It is intended that each of the easements, covenants,
conditions, restrictions, rights and obligations set forth herein shall run with the land and
create equitable servitudes in favor of the adjacent real property owned by the SCHOOL
BOARD and the CITY which is benefited thereby, and shall bind every person having any
fee, leasehold or other interest therein and shall inure to the benefit of the Owners of their
respective parcels of property and their respective successors, assigns, heirs, and personal
representatives.
8.7 Grantee's Acceptance The grantee of the Parcel or any portion thereof, by
acceptance of a deed conveying title thereto or the execution of a contract for the purchase
thereof, whether from an original Party or from a subsequent Owner of such Parcel, shall
accept such deed or contract upon and subject to each and all of the easements, covenants,
conditions, restrictions and obligations contained herein. By such acceptance, any such
grantee shall for himself and his successors, assigns, heirs, and personal representatives,
covenant, consent, and agree to and with the Owner(s) of the other Parcel(s), to keep,
observe, comply with, and perform the obligations and agreements set forth herein with
respect to the Parcel so acquired by such grantee.
8.8 Time of Essence. Time is of the essence of this Agreement.
8.9 Notices. All notices given and received pursuant to this Agreement shall be
deemed to have been given and received if properly addressed and (i) if delivered by hand,
on the date of delivery or on the date delivery was refused by the addressee, (ii) if delivered
by overnight courier, on the date of delivery as established by the return receipt or courier
service confirmation (or the date on which the return receipt or courier service confirms
that acceptance of delivery was refused by the addressee), or (iii) if mailed by registered or
certified United States Mail, postage prepaid, return receipt requested, five (5) business
days after deposited in the mail (or the date on which the return receipt or courier service
confirms that acceptance of delivery was refused by the addressee). Counsel named above
for a party may give notices for that party with the same force and effect as if given by the
party. Each party may change from time to time their respective address for notice
hereunder by like notice to the other Party. The notice addresses of the CITY and the
SCHOOL BOARD as follows:
The City: Norton N. Bonaparte, Jr., ICMA, City Manager
City of Sanford
300 N. Park Avenue
Sanford, FL 32771
With a required copy to: William L. Colbert, City Attorney
Stenstrom, McIntosh, Colbert & Whigham, P.A.
1001 Heathrow Park Lane, Suite 4001
Lake Mary, FL 32746
The School Board: The School Board of Seminole County, Florida
400 East Lake Mary Boulevard
Sanford, Florida 32773-7127
Attn: Superintendent
With a required copy to: The School Board of Seminole County, Florida
400 East Lake Mary Boulevard
Sanford, Florida 32773-7125
Attn: Executive Director of Legal Services
C
The telecopy and email addresses, if any, set forth above are for convenience only and shall
not constitute the giving of formal notice under this section.
8.10 Governing Law. The laws of the State of Florida shall govern the interpretation,
validity, performance, and enforcement of this Agreement.
8.11 Estoppel Certificates. Each Owner, within thirty (30) days of its receipt of a
written request from the other Owner(s) shall from time to time provide the requesting
Owner a certificate binding upon such Owner stating: (a) to the best of such Owner's
knowledge, whether any party to this Agreement is in default or violation of this Agreement
and if so, identifying such default or violation; and (b) that this Agreement is in full force
and effect and identifying any amendments to the Agreement as of the date of such
certificate.
8.12 Construction of Agreement. This Agreement has been prepared with the
assistance of both parties hereto along with the advice of counsel and, accordingly, this
Agreement will be construed and interpreted without giving effect as to which party drafted
the Agreement.
8.13 Entire Agreement. This Agreement contains the complete understanding and
agreement of the Parties hereto with respect to all matters referred to herein, and all prior
representations, negotiations, and understandings are superseded hereby.
[Signatures Begin on Following Page]
7
IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first
written above.
Witne s:
A
s to form and legality:
A�
on, E q.
STATE OF FLORIDA - )
COUNTY OF
The foregoing instrume,,nt-was acknowledged before me this . day of ` 2019, by
DR. WALT GRIFFIN, Su�rntendent, of The School Board of Seminole County, Florida, on behalf of
the Board. Affiant is personally known by me or produced a Florida driver's license for
identification.
Notary Public
Print Name:
My Commission Expires:
SCHOOL BOARD OF SEMINOLE
COUNTY, FLORIDA
BY:
A Z&�e—
Dr. Walt Griffin, Superintendent
Date: /, .� . -' 7 , 2019.
8
blid MAW of Florida A WWhAftonl,yh}i16ppflppF 239182�11%1Ctl�4
=VA
8
Attest:
Traci Houchin, City Clerk
Date: �A&Vu, �M " " , 2019
i._
Approved as to form and legality:
William L. Colbert, City Attorney
STATE OF FLORIDA
COUNTY OF SEMINOLE
The foregoing instrument was acknowledged before me this IlNay of February, 2019,
by JEFF TRIPLETT, as Mayor, and Traci Houchin, as Clerk, of the City of Sanford, Florida.
Affiants are V personally known by me or each produced a Florida driver's license for
identification.
:--
;�
NICOLE J.OSBUAN
Notary Public - State of Florida
Commission e GG 152572
r�+ —
°'FcF 1LCF::
,.,
my Comm. Expires Nov 24, 2021
6crded through National Notary Assn.
9
My Commission Expires:
EXHIBIT "A"
LEGAL DESCRIPTION OF PARCEL "A"
THAT PART OF SECTION 30, TOWNSHIP 19 SOUTH, RANGE 31 EAST, SEMINOLE
COUNTY, FLORIDA, BEING ALL OF PARCEL 1 AND A PORTION OF PARCEL 3 OF
LANINDS DESCRIBED INT OFFICIAL RECORDS BOOK 1099, PAGE 234 OF THE PUBLIC
RECORDS OF SEMIN70LE COUNTY, FLORIDA, AND BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHWEST CORNER OF SECTION 32, TOWNSHIP 19 SOUTH,
RANGE 31 EAST, BEING A FOUND NAIL AND DISK, STAMPED "FDOT LB 1221'%
THENCE NORTH 99056'46" WEST ALONG THE SOUTH LINE OF THE SOUTHEAST 1/4 OF
SECTION 30- TOWNSHIP 19 SOUTH, RANGE 31 EAST, ALSO BEING THE CENTTERLINE
OF CELERY AVENUE (OLD STATE ROAD 4151. A DISTANCE OF 1835-11 FEET TO A
POINT; THENCE NORTH 00'03'14" EAST, A DISTANCE OF 30.00 FEET TO THE
SOUTHWEST CORNER OF THE WEST 50.00 FEET OF THE EAST 164-00 FEET OF THE
SOUTH 628.00 FEET OF LOT 23, PACE ACRES, AS RECORDED IN PLAT BOOK 3. PAGE
21 OF THE PUBLIC RECORDS OF SEMINOLE COUNT,, FLORIDA, SAID POINT BEING
ON THE NORTH RIGHT OF WAY LINE OF CELERY AIVENLIE (OLD STATE ROAD 4151
PER OFFICIAL RECORDS BOOK 1099, PAGE 234 OF THE PUBLIC RECORDS OF
SEMR,TOLE COUNTY, FLORIDA AND THE POINT OF BEGINNING; THENCE NORTH
89"56'46" WEST ALONG SAID NORTH RIGHT OF WAY LINE, A DISTANCE OF 497.48
FEET TO THE SOUTHEAST CORNER OF RIGHT OF WAY TAKING RECORDED IN
OFFICIAL RECORDS BOOK 2100. PAGE 8129 OF THE PUBLIC RECORDS OF SEMINOLE
COUNTY, FLORIDA-, THENCE THE FOLLOWING THREE COURSES ALONG SAID RIGHT
OF WAY TAKING; THENCE NORTH 00'03'14" EAST, A DISTANCE OF 15.00 FEET TO A
POINT, THENCE NORTH 89'5646" WEST, A DISTANCE OF 140.31 FEET TO A POINT;
THENCE NORTH 55055'07" WEST, A DISTANCE OF 44-50 FEET TO A POINT ON THE
EAST RIGHT OF WAY LINE OF MELLONVILLE AVENIUE PER OFFICIAL RECORDS
BOOK 1099, PAGE 234 OF THE PUBLIC RECORDS OF SEMINOLE COUNTY, FLORIDA;
THENCE NORTH 04004'10" EAST ALONG SAID EAST RIGHT OF 4VAY LINE. A
DISTANCE OF 418.41 FEET TO A POINT ON THE NORTH LINE OF PARCEL 3 OF LANDS
DESCRIBED IN OFFICIAL RECORDS BOOK 1099. PAGE 234 OF THE PUBLIC, RECORDS
OF SEMINOLE COUNTY- FLORIDA; THENCE THE FOLLOWING FOUR COURSES
ALONG SAID NORTH LINE; THENCE SOUTH 85'39'07'* EAST, A DISTANCE OF 90.11
FEET TO A POINT; THENCE NORTH 04'19'56" EAST, A DISTANCE OF 73.68 FEET TO A
POINT; THENCE SOUTH 87'58'09" EAST, A DISTANCE OF 200.23 FEET TO THE
SOUTHWEST CORNER OF PARCEL 2 OF SAID LANDS; THENCE SO= 891144°39" EAST,
A DISTANCE OF 162.82 FEET TO A POINT, THENCE DEPARTING SAID NORTH LINE,
RUN SOUTH 00=0646" WEST. A DISTANCE OF 97.81 FEET TO A POINT-, THENCE SOUTH
89053'14" EAST. A DISTANCE OF 186-42 FEET TO A POINT ON THE WEST LINE OF
LANDS DESCRIBED IN OFFICIAL RECORDS BOOK 7305. PAGE 1756 OF THE PUBLIC
RECORDS OF SEMINOLE COUNTY, FLORIDA; THENCE SOUTH 00'02'58" EAST ALONG
SAID 'WEST LINE, A DISTANCE OF 418.53 FEET TO THE POINT OF BEGINNING.
10
GRANT MALOY, SEMINOLE COUNTY
CLERK OF CIRCUIT COURT & COMPTROLLER
CFN# 2019021261 Bk:9305 Page:1909-1916 (8Pgs)
REC: 02/28/2019 1:23:42 PM by kmendez
RECORDING FEES $69.50
This instrument prepared by and return to:
Margaret A. Wharton
Wharton Law Group, P.A.
456 S. Central Avenue
Oviedo, Florida 32765
ACCESS AND STORAGE LICENSE AGREEMENT
THIS ACCESS AND STORAGE LICENSE AGREEMENT (the "Agreement") is
made and entered into this, r` ay of February, 2019, by and between
THE SCHOOL BOARD OF SEMINOLE COUNTY,
FLORIDA, a body corporate and the governing body for the
SEMINOLE COUNTY SCHOOL DISTRICT, political
subdivision of the State of Florida whose address is 400 East Lake
Mary Boulevard, Sanford, Florida 32773-7127 (the "SCHOOL
BOARD"),
and
THE CITY OF SANFORD, FLORIDA, a Florida municipality
operating under the home rule powers vested in municipal
governments under Florida Law, whose address is: 300 North Park
Avenue, Sanford, Florida 32772 (the "CITY").
RECITALS
A. The SCHOOL BOARD owns certain property which is adjacent to a ballpark operated
by the CITY known as the "Sanford Memorial Stadium" (the "Stadium").
B. The CITY has requested and the SCHOOL BOARD has agreed to grant to the CITY a
non-exclusive license in favor of the CITY over and upon that part of the SCHOOL
BOARD's property described in Exhibit "A" attached hereto (the "License Property")
for access and storage of materials associated with the Stadium on the terms and
conditions set forth herein.
NOW, THEREFORE, in consideration of the above premises and of the covenants herein
contained, the Parties hereby covenant and agree as follows:
AGREEMENTS
1. Description and Grant of Licenses:
LLA. Grant of License For Access. Subject to any express conditions, limitations or
reservations contained herein, the SCHOOL BOARD hereby grants the CITY a
nonexclusive License for the CITY to gain access to the Stadium for CITY's vehicles
and equipment to perform maintenance and repairs.
(26120508;3}
1.1 13 Grant of License For Storage. Subject to any express conditions, limitations or
reservations contained herein, the SCHOOL BOARD hereby grants t the CITY a
nonexclusive License along such limited areas as the SCHOOL BOARD designates
from time to time in an area immediately adjacent to the Stadium fence in the Northern
portion of the License Property for the CITY to store limited materials essential to the
maintenance and repair of the Stadium field. The SCHOOL BOARD reserves the right
to restrict the specific area where the CITY may store materials within the License
Property and to place reasonable terms and conditions as to the type and quantity of
materials that can be stored thereon from time to time at its sole discretion.
2. Use and Maintenance of the Easement.
(a) No permanent building, structures, trees or other improvements inconsistent with
the use and enjoyment of the License granted herein shall be placed over or
permitted to encroach upon any of the License Property.
(b) The CITY shall, at its expense, operate and maintain, or cause to be operated and
maintained, in good order, condition and repair, the improvements located in the
License Area, including any access drive, and make any and all repairs and
replacements that may from time to time be required with respect thereto. The
Parties acknowledge that the License is not intended for general vehicular or
pedestrian access to the Stadium by the CITY or the general public. The
SCHOOL BOARD also utilizes the License Property for access to and parking
for educational facilities owned by the SCHOOL BOARD adjacent thereto.
Therefore, any maintenance and construction activities associated with this
License by the CITY will be undertaken in a manner so as to minimize any
interference with the use thereof by the SCHOOL BOARD and its Permittees.
3. Insurance and Indemnification. Each of the Parties agrees to indemnify and hold the
other Party harmless from and against all liabilities associated with the use of the
Property encumbered by this License. Notwithstanding the foregoing, however, the
Parties recognize that the SCHOOL BOARD and the CITY have sovereign immunity,
and if deemed waived for any reason, there are certain laws which limit the amount and
type of liabilities which can be imposed upon the SCHOOL BOARD and the CITY or
its properties, including §768.28, Fla. Stat. The parties expressly acknowledge and agree
that the terms of this Agreement are not intended to create or extend the limits of liability
provided by law against either Party, if at all, or to create any lien rights against either of
its Properties. Therefore, neither Party shall be liable to the other for any liabilities for
personal injury or property damage associated with the use and operation of this License
so long as the SCHOOL BOARD owns the Property beyond the limitation of liabilities
as provided by law, including those set forth in §768.28, Fla. Stat.
4. Term. The rights, covenants, conditions and restrictions contained in this Agreement
shall be effective commencing on the date of recordation of this Agreement in the office
of the Clerk of the Circuit Court of Seminole County, Florida and shall remain in full
force and effect thereafter unless and until the SCHOOL BOARD gives notice to the
CITY that it is revoking this License. If the CITY sells the Stadium or a third party
2
assumes responsibility for its maintenance and repair, this License shall terminate
immediately without requirement of any further notice. Each of the Parties agrees to
cooperate in the execution and delivery of such documentation as may be reasonably
required to document that termination for filing in the Official Records
5. Attorneys' Fees. In the event a Party institutes any legal action or proceeding for the
enforcement of any right or obligation herein contained, the prevailing party after a final
adjudication shall be entitled to recover its costs and reasonable attorneys' fees incurred
in the preparation and prosecution of such action or proceeding.
6. Amendment. The parties agree that the provisions of this Agreement may be modified
or amended, in whole or in part, or terminated only by the written consent of both of the
Parties hereto, evidenced by a document that has been frilly executed and acknowledged
and recorded in the official records of the Clerk of the Circuit Court of Seminole County,
Florida.
Non -assignable. The CITY may not assign, transfer or convey any interest in this
License to a third party without the written consent of the SCHOOL BOARD, which
consent may be withheld at its total discretion. The purpose of this License is merely to
provide a convenient right of access for the CITY in utilizing its equipment and materials
for the maintenance of the Stadium and the rights and benefits hereby granted to the
CITY are not assignable to any successors or assigns of the CITY or to or for the benefit
of any third parties or the general public at large.
No Waiver. No waiver of any default of any obligation by any party hereto shall be
implied from any omission by the other party to take any action with respect to such
default.
9. Time of Essence. Time is of the essence of this Agreement.
10. Notices. Notices or other communication hereunder shall be in writing and shall be sent
certified or registered mail, return receipt requested, or by other national overnight
courier company, or personal delivery. Notice shall be deemed given upon receipt or
refusal to accept delivery. Each Party may change from time to time their respective
address for notice hereunder by like notice to the other Party. Notice given by any Party
hereunder to be effective shall also simultaneously be delivered to the other Party. The
notice addresses of the Parties are as follows:
The City: Norton N. Bonaparte, Jr., ICMA, City Manager
City of Sanford
300 N. Park Avenue
Sanford, FL 32771
With a required copy to: William L. Colbert, City Attorney
Stenstrom, McIntosh, Colbert & Whigham, P.A.
1001 Heathrow Park Lane, Suite 4001
Lake Mary, FL 32746
3
The School Board: The School Board of Seminole County, Florida
400 East Lake Mary Boulevard
Sanford, Florida 32773-7127
Attn: Superintendent
With a required copy to: The School Board of Seminole County, Florida
400 East Lake Mary Boulevard
Sanford, Florida 32773-7125
Attn: Executive Director of Legal Services
The telecopy and email addresses set forth above are for convenience only and shall not
constitute the giving of formal notice under this section.
11. Governing Law. The laws of the State in which the Parcels are located shall govern the
interpretation, validity, performance, and enforcement of this Agreement.
12. Construction of Agreement. This Agreement has been prepared with the assistance of
both parties hereto along with the advice of counsel and, accordingly, this Agreement
will be construed and interpreted without giving effect as to which party drafted the
Agreement.
13. Entire Agreement. This Agreement contains the complete understanding and agreement
of the parties hereto with respect to all matters referred to herein, and all prior
representations, negotiations, and understandings are superseded hereby.
IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first
written above.
SIGNATURES ON THE FOLLOWING PAGES
.19
A T7q-X TT`Cl C1 T'CI_
Print Name: Ei le e v V 4 ✓, ��>.
Approved as to form and legality:
William L. Colbert, City Attorney
STATE OF FLORIDA )
COUNTY OF SEMINOLE )
THE CITY OF SANFORD, F)LO RIDA
By:
Jeff Triplett, Mayor
Attest: I
Traci Houchin, City Clerk
Dated: ~ lxucyk-,� M , 2019
r
The foregoing instrument was acknowledged before me this °61 day of February,
2019, by JEFF TRIPLETT, Mayor and Traci Houchin, as the City Clerk, qlyn7w7by
of Sanford,
Florida, under authority duly vested in them. Affiants �re person me
or they produced Florida driver's licenses for identification,
Nat ry Public _
Pri t mel
,,^S;Fv'��s•.• NICOLE 1.OSBURN
NotaryPublic-5tateof lo;ida My Commission xpires: I� � �
Commission : GG 152572
.2, P My Comm. Expires Nov 24, 2021
Bcrded through National Notary Assn.
5
Witnesses:
Ap oved as to form and legality:
i"-"'
Serita Beamon, Esq.
STATE OF FLORIDA
SCHOOL BOARD OF SEMINOLE
COUNTY, FLORIDA
BY:
DR. WALT GRIFFIN, Sup rintendent,
Date: +� /" , 2019.
COUNTY OF SEMINOLE )
The foregoing instrument was acknowledged before me this day of �a , 2019, by
DR. WALT GRIFFIN, as the Superintendent of The School Board of,Serninole County, Florida, under
authority duly vested in him on behalf of the Board. Affiant is personally known by me or
produced as identific/'n
otalic
Print Name:
My Commission Expires:
M
=Pc,*
lic State of Florida Whartonsion FF 2391821712019
M
SCHEDULE "A"
PURPOSE: ACCESS/STORAGE EASEMENT
LEGAL DESCRIPTION I
THAT PART OF SECTION 30, TOWNSHIP 19 SOUTH, RANGE 31 EAST, SEMINOLE COUNTY, FLORIDA, BEING A PORTION OF PARCELS 2
AND 3 OF LANDS DESCRIBED IN OFFICIAL RECORDS BOOK 1099, PAGE 234 OF THE PUBLIC RECORDS OF SEMINOLE COUNTY,
FLORIDA, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHWEST CORNER OF SECTION 32, TOWNSHIP 19 SOUTH, RANGE 31 EAST, BEING A FOUND NAIL AND DISK,
STAMPED "FOOT LB 1221"; THENCE NORTH 89'56'46" WEST ALONG THE SOUTH LINE OF THE SOUTHEAST 1/4 OF SECTION 30,
TOWNSHIP 19 SOUTH, RANGE 31 EAST, ALSO BEING THE CENTERLINE OF CELERY AVENUE (OLD STATE ROAD 415), A DISTANCE OF
1835.11 FEET TO A POINT; THENCE NORTH 00"03'14" EAST, A DISTANCE OF 30.00 FEET TO THE SOUTHWEST CORNER OF THE WEST
50.00 FEET OF THE EAST 164.00 FEET OF THE SOUTH 628.00 FEET OF LOT 23, PACE ACRES, AS RECORDED IN PLAT BOOK 3,
PAGE 21 OF THE PUBLIC RECORDS OF SEMINOLE COUNTY, FLORIDA, SAID POINT BEING ON THE NORTH RIGHT OF WAY LINE OF
CELERY AVENUE (OLD STATE ROAD 415) PER OFFICIAL RECORDS BOOK 1099, PAGE 234 OF THE PUBLIC RECORDS OF SEMINOLE
COUNTY, FLORIDA; THENCE NORTH 00'02'58" WEST ALONG THE WEST LINE OF LANDS DESCRIBED IN OFFICIAL RECORDS BOOK 7305,
PAGE 1756 OF THE PUBLIC RECORDS OF SEMINOLE COUNTY, FLORIDA, A DISTANCE OF 418.53 FEET TO THE POINT OF BEGINNING;
THENCE NORTH 89'53'14" WEST, A DISTANCE OF 55.00 FEET TO A POINT; THENCE NORTH 00'02'58" WEST ALONG A LINE 55.00
FEET WEST OF AND PARALLEL TO SAID WEST LINE, A DISTANCE OF 147.38 FEET TO A POINT; THENCE NORTH 89'56'03" WEST, A
DISTANCE OF 105.72 FEET TO A POINT; THENCE NORTH 85'59'41" WEST, A DISTANCE OF 189.47 FEET TO A POINT; THENCE NORTH
00'44'26" WEST, A DISTANCE OF 62.39 FEET TO A POINT; THENCE NORTH 89'32'30" EAST, A DISTANCE OF 296.11 FEET TO A
POINT; THENCE NORTH 01'30'01" WEST, A DISTANCE OF 76.17 FEET TO A POINT ON THE NORTH LINE OF AFORESAID LOT 23;
THENCE SOUTH 89'56'46" EAST ALONG SAID NORTH LINE, A DISTANCE OF 56.29 FEET TO A POINT ON THE NORTHERLY PROJECTION
OF AFORESAID WEST LINE; THENCE SOUTH 00'02'58" EAST ALONG SAID NORTHERLY PROJECTION AND SAID WEST LINE, A DISTANCE
OF 301.69 FEET TO THE POINT OF BEGINNING.
CONTAINING 0.873 ACRES, MORE OR LESS.
GENERAL NOTES:
1. THE PURPOSE OF THIS SKETCH IS TO DELINEATE THE DESCRIPTION ATTACHED HERETO, THIS DOES NOT REPRESENT A
BOUNDARY SURVEY.
2. THE BEARINGS SHOWN HEREON ARE BASED ON THE SOUTH LINE OF THE SOUTHEAST 1/4 OF SECTION 30, TOWNSHIP 19
SOUTH, RANGE 31 EAST, BEING NORTH 89'56'46" WEST AND ARE RELATIVE TO THE FLORIDA STATE PLANE COORDINATE
SYSTEM, NORTH AMERICAN DATUM OF 1983/1990 ADJUSTMENT (NAD83/90), ZONE 901, FLORIDA EAST.
3. UNLESS IT BEARS THE SIGNATURE AND ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER, THIS
SKETCH IS FOR INFORMATIONAL PURPOSES ONLY.
4. THIS SKETCH MAY HAVE BEEN REDUCED IN SIZE BY REPRODUCTION. THIS MUST BE CONSIDERED WHEN OBTAINING
SCALED DATA.
5. THE SURVEYOR HAS NOT ABSTRACTED THE LANDS SHOWN HEREON FOR EASEMENTS AND/OR RIGHT OF WAY RECORDS.
THIS SKETCH WAS PREPARED WITHOUT THE BENEFIT OF A TITLE REPORT.
6. ALL RECORDING REFERENCES SHOWN ON THIS SKETCH REFER TO THE PUBLIC RECORDS OF SEMINOLE COUNTY, FLORIDA,
UNLESS OTHERWISE NOTED.
7. THIS SKETCH IS NOT A SURVEY. PAGE 1 OF 2
SEE SHEET 2 FOR SKETCH OF DESCRIPTION & ABBREVIATIONS
I HEREBY CERTIFY THAT THIS LEGAL DESCRIPTION AND SKETCH IS CORRECT TO
THE BEST OF MY KNOWLEDGE AND BELIEF. I FURTHER CERTIFY THAT THIS LEGAL
DESCRIPTION AND SKETCH MEETS THE STANDARDS OF PRACTICE AS SET
FORTH BY THE FLORIDA BOARD OF PROFESSIONAL SURVEYORS AND MAPPERS IN
CHAPTER 5J-17, FLORIDA ADMINISTRATIVE CODE. PURSUANT TO CHAPTER 472
OF THE FLORIDA STATUTES. SUBJECT TO NOTES AND NOTATIONS SHOWN HEREON.
REVISION BY DATE H. Paul deVivero, Professional Land Surveyor No. 4990 DATE
GEODATA CONSULTANTS, INC.
Dote: DECEMBER 17 2018 MELLONVILLE ANNEX PARCEL ® SURVEYING & MAPPING
1349 SOUTH INTERNATIONAL PARKWAY
Project No.: S25-01 ACCESSISTORAGE EASEMENT LAKE MARY, E2401FLORIDA 32746
Drawn: RJG Chkd.: RJH/DPW VOICE. (407) 732-6965 FAX: (407) 878-0841
Land Surveyor Business License No. 6556
SKETCH OF DESCRIPTION
I LOT 12
LOT 23
LOT 24 I 0 jam.
O
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N89'32'30"E 296.11' z —
3'56' 46"E
56.29'
N ORB 3728 PG 449 !
ij- � NORTH LINE OF LOT 23
o ACCESS/STORAGE EASEMENT
Z AREA = 0.873 ACRES t
N85'59'41"W 189.47' N89'56 03 W
i
105.72'
PARCEL 2 _
PARCEL 3 00-'0
3I N M
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SW CORNER OF PARCEL 2 0
- PER ORB 1099, PG 234 0
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SW CORNER OF WEST 50' OF
EAST 164.00. OF SOUTH 628.00'
IOF LOT 23, PB 3, PG 21
N00'03'14"E 30.00'
NORTH R/W LINE
OF CELERY AVENUE
OLD STATE ROAD 415)
ER ORB 1099, PG 234
CELERY AVENUE (OLD STATE ROAD 415)
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SOUTH UNE OF THE
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SECTION 30, TOWNSHIP 19 SOUTH, RANGE 31 EAST
t
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01
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0 50 100 200
( IN FEET )
P.O.B.
1 inch = 100 ft.
N
Cl ABBREVIATIONS
oO I
CHKD. = CHECKED BY
FDOT = FLORIDA DEPARTMENT
OF TRANSPORTATION
FND = FOUND
LB = LICENSED BUSINESS
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— — — — (60' /W)(P) — — — — il- . — ____3\
SOUTH UNE OF THE
SOUTHEAST 1/4 OF SECTION 30
SECTION 30, TOWNSHIP 19 SOUTH, RANGE 31 EAST
t
= MORE OR LESS
N&D
= NAIL & DISK
NO.
= NUMBER
ORB
= OFFICIAL RECORDS BOOK
PG
= PAGE
(P)
= PER PLAT
PB
= PLAT BOOK
P.O.B.
= POINT OF BEGINNING
P.O.C.
= POINT OF COMMENCEMENT
R/W
= RIGHT OF WAY
I P.O.C.
NW CORNER OF SECTION 32,
TOWNSHIP 19 SOUTH, RANGE 31 EAST,
FND N&D "FDOT LB 1221"
CERTIFIED CORNER RECORD #096696
CEN ERLINE OF CELERY AVENUE
(OLD STATE ROAD 415)
_BASISS O� F BEARING?
N89'56'46"W 1835.11'
PAGE 2 OF 2
GEODATA CONSULTANTS, INC.
Date: DECEMBER 17 2018 MELLONVILLE ANNEX PARCEL SURVEYING & MAPPING
Project No.:
S25-01 ACCESS/STORAGE EASEMENT 1349 SOUTH SUITE
2401 PARKWAY
LAKE MARY, FLORIDA 32746
RJG Chkd.: RJHfDPW VOICE. (407) 732-6965 FAX: (407) 878-0841
Drawn: Lend Surveyor Business License No. 6556
This instrument prepared by and return to:
Margaret A. Wharton
Wharton Law Group, P.A.
456 S. Central Avenue
Oviedo, Florida 32765
GRANT MALOY, SEMINOLE COUNTY
CLERK OF CIRCUIT COURT & COMPTROLLER
CFN# 2019021263 Bk:9305 Page:1928AM
REC: 02/28/2019 1:23:44 PM by kmendez
RECORDING FEES $137.50
ACCESS EASEMENT AGREEMENT
THIS.ACCESS EASEMENT AGREEMENT (the "Agreement") is made and entered
into this _!�tkday of February, 2019, by and between
THE SCHOOL BOARD OF SEMINOLE COUNTY,
FLORIDA, a body corporate and the governing body for the
SEMINOLE COUNTY SCHOOL DISTRICT, political
subdivision of the State of Florida whose address is 400 East Lake
Mary Boulevard, Sanford, Florida 32773-7127 (the "SCHOOL
BOARD"),
and
THE CITY OF SANFORD, FLORIDA, a Florida municipality
operating under the home rule powers vested in municipal
governments under Florida Law, whose address is: 300 North Park
Avenue, Sanford, Florida 32772 (the "CITY").
RECITALS
A. The CITY owns certain property which it purchased from the SCHOOL BOARD
simultaneous herewith described in Exhibit "A" attached hereto (the "Parcel"), which
Parcel is adjacent to an elementary school and other educational facilities owned by the
SCHOOL BOARD (the "SCHOOL BOARD Facilities").
B. The SCHOOL BOARD has requested and the CITY has agreed to grant to the
SCHOOL BOARD two (2) perpetual, non-exclusive easements in favor of the
SCHOOL BOARD over and upon those portions of the Parcel hereinafter described for
access and utilities on the terms and conditions set forth herein:
(i) Easement 1 which is located on the Eastern boundary of the Parcel as designated
and described in Exhibit "B" attached hereto ("Easement I ").
(ii) Easement 2 which is located along the Northern boundary of the Parcel as
designated and described in Exhibit "C" attached hereto ("Easement 2").
(Both Easement 1 and Easement 2 are sometimes collectively referred to as the
"Easements". The SCHOOL BOARD and the CITY are also sometimes referred to
collectively as the "Parties" and individually as a "Party".)
(26120508;3}
NOW, THEREFORE, in consideration of the above premises and of the covenants
herein contained, the Parcel A Owner and the Parcel B Owner hereby covenant and agree as
follows:
AGREEMENTS
1. Definitions. For purposes hereof:
(a) The term "Easement Area" shall mean that particular area over which an
Easement is granted pursuant to this Agreement and will include the access
driveway and curb cut, as well as non -paved areas adjacent thereto which may be
improved with landscaping, signage, utilities, and other facilities to benefit the
adjacent properties owned by the Parties.
(b) The term "Improvements" shall mean and refer to the curb cut, driveway, utilities,
landscaping, signage, and any other facilities installed in the Easement Area.
(c) The term "Property" shall mean the real property owned by the CITY upon which
the Easements are located described in Exhibit "A" attached hereto.
2. Description and Grant of Easements:
2.1 A. Grant of Easement Over the Easement Area for Easement 1. Subject to any
express conditions, limitations or reservations contained herein, the CITY hereby grants,
establishes, covenants and agrees that the SCHOOL BOARD, and all Owners and
Permittees shall be benefited by the following perpetual, nonexclusive easement which is
hereby imposed upon Easement 1 so as to provide for (i) the passage of motor vehicles
and pedestrians between the SCHOOL BOARD facilities located on the adjacent parcel
and to and from the abutting Celery Avenue (also known as Thirteenth Street), as it may
exist from time to time, (ii) landscaping, (iii) signage to identify the SCHOOL BOARD
facilities, and (iv) access to the parking areas located on the Parcel to which the CITY
has simultaneous herewith granted the SCHOOL BOARD a parking easement.
2.1B Grant of Easement Over the Easement Area for Easement 2. Subject to any
express conditions, limitations or reservations contained herein, the CITY hereby grants,
establishes, covenants and agrees that the SCHOOL BOARD, and all Owners and
Permittees shall be benefited by the following perpetual, nonexclusive easement which is
hereby imposed upon Easement 2 so as to provide for (i) the passage of motor vehicles
and pedestrians between the SCHOOL BOARD facilities located on the adjacent parcel
and to and from the abutting Mellonville Avenue, as it may exist from time to time,
(ii) the placement of utilities to benefit the SCHOOL BOARD facilities,
(iii) landscaping, and (iv) signage to identify the SCHOOL BOARD facilities.
2.2 Use and Maintenance of the Easements.
(a) The Easements shall not be blocked, closed, altered, changed or removed and
shall at all times remain in places as shown on Exhibits "B" and "C".
2
(b) The Easements shall be continuous in use and neither party shall interfere with or
obstruct said use. No permanent building, structures, trees or other improvements
inconsistent with the use and enjoyment of the easement granted herein shall be
placed over or permitted to encroach upon any of the Easements.
(c) The CITY shall, at its expense, operate and maintain, or cause to be operated and
maintained, in good order, condition and repair, the improvements located in the
Easement Areas, including the driveway, and make any and all repairs and
replacements that may from time to time be required with respect thereto. The
CITY acknowledges that the SCHOOL BOARD utilizes the Easements for
access for its students, employees and invitees to gain access to and from the
adjacent School Facilities, including by its school buses, and thus, except in cases
of emergency, the CITY will not block or render the Easements unusable during,
prior to and immediately after the hours when the SCHOOL BOARD Facilities
are being utilized. Likewise, any maintenance and construction activities of the
Easements will be undertaken.. by the CITY during periods of time when the
school is not in session and the Easements are not necessary to gain access to or
from the School Facilities, and will be undertaken in a manner so as to minimize
any interfere with the use thereof by the SCHOOL BOARD and its Permittees.
Insurance and Indemnification. Each of the Patties agree to indemnify and hold the
other Party harmless from and against all liabilities associated with the use of the
Easements. Notwithstanding the foregoing, however, the Parties recognize that the
SCHOOL BOARD and the CITY have sovereign immunity, and if deemed waived for
any reason, there are certain laws which limit the amount and type of liabilities which
can be imposed upon the SCHOOL BOARD and the CITY or its properties, including
§768.28, Fla. Stat. The parties expressly acknowledge and agree that the terms of this
Agreement are not intended to create or extend the limits of liability provided by law
against either Party, if at all, or to create any lien rights against either of its Properties.
Therefore, neither Party shall be liable to the other for any liabilities for personal injury
or property damage associated with the use and operation of the Easements beyond the
limitation of liabilities as provided by law, including those set forth in §768.28, Fla. Stat.
4.0 Remedies and Enforcement.
4.1 All Legal and Equitable Remedies Available. In the event of a breach or
threatened breach by any of the Parties of any of the terms, covenants, restrictions or
conditions hereof, the other Party shall be entitled forthwith to full and adequate relief by
injunction and/or all such other available legal and equitable remedies from the
consequences of such breach, including payment of any amounts due and/or specific
performance.
4.2 Remedies Cumulative. The remedies specified herein shall be cumulative and in
addition to all other remedies permitted at law or in equity.
4.3 No Termination For Breach. Notwithstanding the foregoing to the contrary, no
breach hereunder shall entitle any Party to cancel, rescind, or otherwise terminate this
3
Agreement.
Term. The easement, covenants, conditions and restrictions contained in this Agreement
shall be effective commencing on the date of recordation of this Agreement in the office
of the Clerk of the Circuit Court of Seminole County, Florida and shall remain in full
force and effect thereafter in perpetuity until this Agreement is modified, amended,
canceled or terminated by the written consent of all the Parties hereto.
6. Attorneys' Fees. In the event a Party institutes any legal action or proceeding for the
enforcement of any right or obligation herein contained, the prevailing party, after a final
adjudication, shall be entitled to recover its costs and reasonable attorneys' fees incurred
in the preparation and prosecution of such action or proceeding.
7. Amendment. The parties agree that the provisions of this Agreement may be modified
or amended, in whole or in part, or terminated only by the written consent of both of the
Parties hereto, evidenced by a document that has been filly executed and acknowledged
and recorded in the official records of the Clerk of the Circuit Court of Seminole County,
Florida.
No Waiver. No waiver of any default of any obligation by any party hereto shall be
implied from any omission by the other party to take any action with respect to such
default.
9. Covenants to Run with Land. It is intended that each of the easements, covenants,
conditions, restrictions, rights and obligations set forth herein shall run with the land and
create equitable servitudes in favor of the real property benefited thereby, and shall bind
every person having any fee, leasehold or other interest therein and shall inure to the
benefit of the respective parties and their successors, assigns, heirs, and personal
representatives.
10. Time of Essence. Time is of the essence of this Agreement.
11. Notices. Notices or other communication hereunder shall be in writing and shall be sent
certified or registered mail, return receipt requested, or by other national overnight
courier company, or personal delivery. Notice shall be deemed given upon receipt or
refusal to accept delivery. Each Party may change from time to time their respective
address for notice hereunder by like notice to the other Party. Notice given by any Party
hereunder to be effective shall also simultaneously be delivered to the other Party. The
notice addresses of the Parties are as follows:
The City: Norton N. Bonaparte, Jr., ICMA, City Manager
City of Sanford
300 North Park Avenue
Sanford, FL 32771
With required copy to: William L. Colbert, City Attorney
Stenstrom, McIntosh, Colbert & Whigham, P.A.
1001 Heathrow Park Lane, Suite 4001
a]
Lake Mary, FL 32746
The School Board: The School Board of Seminole County, Florida
400 East Lake Mary Boulevard
Sanford, Florida 32773-7127
Attn: Superintendent
With a required copy to: The School Board of Seminole County, Florida
400 East Lake Mary Boulevard
Sanford, Florida 32773-7125
Attn: Executive Director of Legal Services
The telecopy and email addresses set forth above are for convenience only and shall not
constitute the giving of formal notice under this section.
12. GoverninL Law. The laws of the State in which the Parcels are located shall govern the
interpretation, validity, performance, and enforcement of this Agreement.
13. Construction of Agreement. This Agreement has been prepared with the assistance of
both parties hereto along with the advice of counsel and, accordingly, this Agreement
will be construed and interpreted without giving effect as to which party drafted the
Agreement.
14. Entire Agreement. This Agreement contains the complete understanding and agreement
of the parties hereto with respect to all matters referred to herein, and all prior
representations, negotiations, and understandings are superseded hereby.
IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first
written above.
[Signatures on attached pages]
WITNESSES:
r
�r
Printed r �c�,� irrst:aO
STATE OF FLORIDA )
COUNTY OF�nl)( )
THE CITY OF SANFORD, FLO
By:
Jeff Triplett, Mayor
Attest.}
aci Houchin, City Clerk
e�
` 2019
T -I g�
The foregoing instrument was acknowledge efore me this - 111, day of February, 2019, by
JEFF TRIPLETT, Mayor and Traci Houchin, as the City Clerk of the City of Sanford, Florida, under
authority duly vested in them.. He/She is:
F -V1 , personally known to me; or
❑ produced a driver's license issued by the Florida Department of Highway Safety and
Motor Vehicles as identification; or
❑ produced the following identification:
In
NICOLE J.OSBURN
�.:.
NotaryPublic- StateofFlorida
Commission s GG 152572
My Comm. Expires Nov 24,2021
Bcrded through NSicral Notary Assn.
In
WITNESSES:
THE SCHOOL BOARD OF SEMINOLE
COUNTY, FLORIDA
By:A�k
IIJ
DR. WAT GRIFFIN, Superintendent
Dated: , 2019.
STATE OF FLORIDA )
COUNTY OF )
The foregoing instrument was acknowledged before me this Z- day of 2019, by
DR. WALT GRIFFIN, Superintendent, of The SCHOOL BOARD OF SEMINOLE COUNTY,
FLORIDA, under authority duly vested in him. He is:
fpersonally known to me; or
❑ produced a driver's license issued by the Florida Department of Highway Safety and
Motor Vehicles as identification; or
❑ produced the following identification:
Notary Public
Print Name:
My Commission Expires:
7
Notary Public State of FloridaMargaret
Z
A WhartonMy
Commission FF 239182Expires
07/17/2019
7
EXHIBIT "A"
LEGAL DESCRIPTION OF PARCEL "A"
THAT PART OF SECTION 30, TOWNSHIP 19 SOUTH, RANGE 31 EAST, SEMINOLE
COUNTY, FLORIDA, BEING ALL OF PARCEL I AND A PORTION OF PARCEL 3 OF
LANDS DESCRIBED EN OFFICIAL RECORDS BOOK 1099, PAGE 234 OF THE PUBLIC
RECORDS OF SEMINOLE COUNTY, FLORIDA, AND BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHWEST CORNER OF SECTION, 32. TOWNSHIP 19 SOUTH,
RANGE 31 EAST, BEING A FOUND NAIL AND DISK, STA'_%llPED "FDOT LB 1221":
THENCE NORTH 89°56'45" WEST ALONG THE SOUTH LINE OF THE SOUTHEAST 1' 4 OF
SECTION 30, TOWNSHIP 19 SOUTH, RANGE 31 EAST, ALSO BEING THE CENTERLINE
OF CELERY AVENUE (OLD STATE ROAD 415), A DISTANCE OF 1835-11 FEET TO A
POINT; THENCE NORTH 00'03'14" EAST- A DISTANCE OF 30.00 FEET TO THE
SOUTHWEST CORNER OF THE WEST 50.00 FEET OF THE EAST 164-00 FEET OF THE
SOUTH 628.00 FEET OF LOT 23, PACE ACRES, AS RECORDED IN PL.AT BOOK 3. PAGE
21 OF THE PUBLIC RECORDS OF SEMINOLE COUNTY, FLORIDA, SAID POINT BEING
ON THE NORTH RIGHT OF WAY LINE OF CELERY AIVENUIE (OLD STATE ROAD 415)
PER OFFICIAL RECORDS BOOK 1099, PAGE 234 OF THE PUBLIC RECORDS OF
SEMINOLE COUNTY, FLORIDA AND THE POINT OF BEGINNING,- THENCE NORTH
89^56'46" WEST ALONG SAID NORTH RIGHT OF WAY LINE, A DISTANCE OF 497.48
FEET TO THE SOUTHEAST CORNER OF RIGHT OF WAY TAKING RECORDED IN
OFFICIAL RECORDS BOOK 2100. PAGE 829 OF THE PUBLIC, RECORDS OF SEMINOLE
COUNTY, FLORIDA: THENCE THE FOLLOWING THREE COLMSES ALONG SAID RIGHT
OF WAY TAKING; THENCE NORTH 00'03'14" EAST, A DISTANCE OF 15.00 FEET TO A
POINT; THENCE NORTH 89*5646" WEST, A DISTANCE OF 140.31 FEET TO A POINT;
THENCE NORTH 55055'07" WEST. A DISTANCE OF 44.50 FEET TO A POINT ON THE
EAST RIGHT OF WAY LINE OF MELLON"JILLE AVENUE PER OFFICIAL RECORDS
BOOK 1099. PAGE 234 OF THE PUBLIC RECORDS OF SEIN-11NOLE COUNTY. FLORIDA;
THENCE NORTH 04004'10" EAST ALONG SAID EAST RIGHT OF WAY LINE. A
DISTANCE OF 418.41 FEET TO A POINT ON THE NORTH LINE OF PARCEL 3 OF LANDS
DESCRIBED IN OFFICIAL RECORDS BOOK 1099, PAGE 234 OF THE PUBLIC RECORDS
OF SEMINOLE COUNTY- FLORIDA: THENCE THE FOLLOWING FOUR COURSES
ALONG SAID NORTH LINE; THENCE SOUTH 85'39'07" EAST, A DISTANCE OF 90.11
FEET TO A POINT-. THENCE NORTH 04019'56" EAST. A DISTANCE OF 73.68 FEET TO A
POINT; THENCE SOUTH 87'58'09" EAST, A DISTANCE OF 200.23 FEET TO THE
SOUTHWEST CORNER OF PARCEL 2 OF SAID LANDS-, THENCE SOUTH 8904439" EAST,
A DISTANCE OF 16182 FEET TO A POINT; THENCE DEPARTING SAID NORTH LINE,
RUN SOUTH 00' '06'46" WEST. A DISTANCE OF 97.91 FEET TO A POINT; THENCE SOUTH
89`53'14" EAST, A DISTANCE OF 186.42 FEET TO A POINT ON THE WEST LINE OF
LANDS DESCRIBED IN OFFICIAL RECORDS BOOK 7305. PAGE 1756 OF THE PUBLIC
RECORDS OF SEMINOLE COUNTY. FLORIDA; THENCE SOUTH 00'02'58" EAST ALONG
SAID WEST LINE, A DISTANCE OF 418.53 FEET TO THE POINT OF BEGINNING.
8
EXHIBIT "B"
LEGAL DESCRIPTION OF "EASEMENT I"
That part of Section 30, Township 19 South, Range 31 East, Seminole County,
Florida, being a portion of Parcel 3 of lands described in Official Records Book
1099, Page 234, of the Public Records of Seminole County, Florida, and being
more particularly described as follows:
Commencing at the Northwest corner of Section 32, Township 19 South, Range
31 East, being a found nail and disk, stamped "FDOT LB 1221"; thence North
8956'46" West, along the South line of the Southeast 1/4 of Section 30, Township
19 South, Range 31 East, also being the centerline of Celery Avenue (Old state
Road 415), a distance of 1,835.11 feet to a point; thence North 0003'14" East a
distance of 30.00 feet to the Southwest corner of the West 50.00 feet of the East
164.00 feet of the South 628.00 feet of Lot 23, Pace Acres, as recorded in Plat
Book 3, Page 21, of the Public Records of Seminole County, Florida, said point
being on the North right-of-way line of Celery Avenue (Old State Road 415) per
Official Records Book 1099, Page 234, of the Public Records of Seminole
County, Florida, and the Point of Beginning; thence North 89'56'46" West, along
said North right-of-way line, a distance of 75.53 feet to a point; thence North
1023'16" East a distance of 118.23 feet to a point; thence North 1353'52" East a
distance of 91.74 feet to a point; thence North 0002'58" West, along a line 32.00
feet West of and parallel to the West line of lands described in Official Records
Book 7305, Page 1756, of the Public Records of Seminole County, Florida, a
distance of 213.18 feet to a point; thence South 8953'14" East a distance of 32.00
feet to a point on said West line; thence South 0002'58" East, along said West
line, a distance of 418.53 feet to the Point of Beginning.
E
EXHIBIT "C"
LEGAL DESCRIPTION OF "EASEMENT 2"
That part of Section 30, Township 19 South, Range 31 East, Seminole County,
Florida, lying in a portion of Lot 24, Pace Acres, according to the plat thereof, as
recorded in Plat Book 3, Page 21, of the Public Records of Seminole County,
Florida, and being more particularly described as follows:
Commencing at the Northwest corner of Section 32, Township 19 South, Range
31 East, Seminole County, Florida, being a found nail and disk, stamped "FDOT
LB 1221 "; thence North 8956'46" West, along the South line of the Southeast 1/4
of Section 30, Township 19 South, Range 31 East, also being the centerline of
Celery Avenue (Old State Road 415), a distance of 1,835.11 feet to a point;
thence North 0003' 14" East a distance of 30.00 feet to the Southwest corner of the
West 50.00 feet of the East 164.00 feet of the South 628.00 feet of Lot 23, Pace
Acres, as recorded in Plat Book 3, Page 21, of the Public Records of Seminole
County, Florida, said point being on the North right-of-way of Celery Avenue
(Old State Road 415), per Official Records Book 1099, Page 234, of the Public
Records of Seminole county, Florida; thence North 8V56'46" West, along said
North right-of-way line, a distance of 497.48 feet to the Southeast corner of right-
of-way taking recorded in Official Records Book 2100, Page 829, of the Public
Records of Seminole County, Florida; thence the following three (3) courses
along said right-of-way taking; thence North 00103'14" East a distance of 15.00
feet to a point; thence North 8956'46" West a distance of 140.31 feet to a point;
thence North 5555'07" West a distance of 44.50 feet to a point on the East right-
of-way line of Mellonville Avenue, per Official Records Book 1099, Page 234, of
the Public Records of Seminole County, Florida; thence North 0404'10" East,
along said East right-of-way line, a distance of 506.15 feet to the Point of
Beginning; thence, continue along said right-of-way line, North 0404'10" East a
distance of 50.01 feet to a point; thence, departing said right-of-way line, South
8648'10" East a distance of 285.40 feet to a point on the West line of Hamilton
Elementary School property; thence South 0944'26" East, along said West line, a
distance of 50.12 feet to a point; thence, departing said West line, North 8648'10"
West a distance of 289.60 feet to the Point of Beginning.
El
Traci Houch!6—�
City Clea -
City of Sanford, Florida
By:
Resolution No. 2781
Deputy i Ci r
X Reso-luition of the City Commission of the City of Sanford, Florida
Date:< insurance issues relating to, and providing for the
ratification and approval of, the Contract for Sale and Purchase
(Land Exchange Agreement) associated documents and agreements
between the Seminole County School District/Seminole County
School Board and the City; providing for legislative findings and
intent; providing for plenary implementation; providing for a savings
provision; providing for conflicts; providing for severability and
providing for an effective date.
Be It Resolved By The City Commission Of The City Of Sanford, Florida:
Section 1. Legislative Findings and Intent.
(a). The City of Sanford has complied with all requirements and procedures of
Florida law in processing this Resolution.
(b). All City staff agenda memoranda and materials relating to this Resolution
are adopted herein by this reference thereto as the findings and intent of the City
Commission of the City of Sanford relative to the transaction referenced herein between
the City and the Seminole County School District.
Section 2. Implementation Of Contract For Sale And Purchase (Land
Exchange Agreement) And Right Of Way Use Agreement; Seminole County
School District/Seminole County School Board; Resolution Of Title Issues.
(a). The City Commission of the City of Sanford hereby finds and determines
as follows:
(1). This Resolution is adopted to address matters set forth in the title
insurance commitment relating to the land exchange between the City and the Seminole
County School District/Seminole County School Board pertaining to the sale of those
certain properties identified on Exhibit "A" attached hereto and incorporated herein by
this reference and pertaining to the grant of those certain easements identified on
Exhibit "B" attached hereto and incorporated herein by this reference .
(2). The parcels of real property (lands) to be conveyed by the City to the
Seminole County School District/Seminole County School Board are no longer
necessary for public purposes under the jurisdiction and control of the City.
(3). The disposal of the real property (lands) to be conveyed by the City to the
Seminole County School District is in the best interests of the public.
(4). The conveyance of the real property (lands) to be conveyed by the City to
the Seminole County School District/Seminole County School Board.is authorized by
controlling State law.
(5). The City specifically releases any and all automatic reversion and right of
entry that is applicable to the transaction with the Seminole County School
District/Seminole County School Board in accordance with the provisions of Section
270.11, Florida Statutes.
(b). The City Commission of the City of Sanford hereby authorizes the City
Manager, City Clerk and City Attorney to implement the provisions of this Resolution
including, but not limited to, any and all matters relating to the closing of the subject
Contract for Sale and Purchase (Land Exchange Agreement) and related transactions
with the Seminole County School District/Seminole County School Board.
Section 3. Savings.
The prior actions of the City relative to the subject City property and all related
activities are hereby ratified and affirmed and the City Commission hereby fully ratifies
and approves the Contract for Sale and Purchase (Land Exchange Agreement) and the
21Pa{�
associated all associated documents and agreements between the Seminole County
School District/Seminole County School Board and the City.
Section 4. Conflicts.
All resolutions or parts of resolutions in conflict with this Resolution are hereby
repealed.
Section 5. Severability.
If any section, sentence, phrase, word or portion of this Resolution is determined
to be invalid, unlawful or unconstitutional, said determination shall not be held to
invalidate or impair the validity, force or effect of any other section, sentence, phrase,
word or portion of this Resolution not otherwise determined to be invalid, unlawful or
unconstitutional.
Section 6. Effective Date.
This Resolution shall become effective immediately upon adoption.
Passed and adopted this 25th day of February, 2019.
Attest:
Traci Houchin, CMC, FCRM, City Clerk
City Commission
Sanford
J ett I
For use and reliance of the Sanford City
Commission only. Approved as to form and legality
17
William L. Colbert, City Attorney
of
`<L
a
Parcel 1 - Ridgewood / SHS Athletic Field (FEE SIMPLE ESTATE):
All that tract or parcel of land lying in the Northeast quarter of Section 2,
Township 20 South, Range 30 East, and being a portion of tax parcel 10 as
described in Official Records Book 3688, Page 1294 of the Public Records
of Seminole County, Florida, and being more particularly described as
follows:
Commencing at the Northeast corner of the Northeast quarter of Section 2,
Township 20 South, Range 30 East; thence South 00°21'42" East along the
East line of the Northeast quarter of said Section 2, a distance of 2,063.38
feet to a point; thence South 89°56'46" West a distance of 1,391.43 feet to
the Southwest corner of tax parcel 47C as described in Official Records
Book 1201, Page 126 of said Public Records, a portion of the previous
course being coincident with the South line of said tax parcel 47C; thence
North 00°30'42" West along the West line of said tax parcel 47C, a distance
of 37.81 feet to the Point of Beginning; thence departing said West line,
South 89°49'19" West a distance of 333.50 feet to a point on the West line
of said tax parcel 10; thence North 00°29'13" West along said West line a
distance of 226.06 feet to a 4" by 4" concrete monument (no identification
number) marking the Northwest cornerthereof; thence South 89°55'17" East
along the North line of said tax parcel 10, a distance of 319.34 feet to a 5"
round concrete monument (no identification number) marking the Northeast
corner thereof, said Northeast corner lying on the West line of tax parcel 58
as described in Official Records Book 3162, Page 113 of said Public
Records; thence South 00015'46" East, along the West line of said tax parcel
58, a distance of 111.55 feet to the Southwest corner thereof; thence South
88°46'24" East along the South line of tax parcel 58, a distance of 14.57 feet
to a 4" by 4" concrete monument (no identification number) marking the
Northwest corner of said tax parcel 47C; thence South 00030'42" East, along
said West line of tax parcel 47C, a distance of 112.72 feet to the Point of
Beginning.
Parcel 2 - Palm Terrace / Poinsetta (FEE SIMPLE ESTATE):
A portion of Blocks 6, 8 and 9 and a portion of the vacated rights-of-way of
Princeton Avenue and Yale Avenue, Palm Terrace, according to the plat
thereof, as recorded in Plat Book 4, Pages 82 and 83, of the Public Records
of Seminole County, Florida, and being more particularly described as
follows:
Begin at the Northwest corner of said Block 6 and run North 89°30'36" East,
along the South right-of-way line of Palm Drive, as shown on the said plat of
Page 1 of 3
WA IrarM M
Palm Terrace, 627.10 feet to a point on the West line of Lot 17 of said Block
9; thence run North 00°29'51" West, along the East right-of-way line of said
Yale Avenue, 40.14 feet to the Northwest corner of Lot 17; thence run North
89°23'47" East, along the North line of said Lot 17, 119.19 feet to the
Northeast corner of said Lot 17; thence run South 00°15'59" East, along the
East line of said Block 9, 178.30 feet; thence, leaving said East line, run
North 81'27'25" West 329.42 feet; thence run South 00°00'44" West 259.97
feet; thence run South 89°31'45" West 417.93 feet to a point on the West
line of said Block 6; thence run North 00°29'53" West, along said West line,
346.03 feet to the Point of Beginning.
Parcel 3 - SHS Athletic Field Easement (NON-EXCLUSIVE EASEMENT ESTATE :
Togetherwith the non-exclusive easement right(s) as created by that certain
Access Easement/Sanford to School Board recorded July 12, 2018 in Official
Records Book 9170, Page 1688, Public Records of Seminole County, Florida
Easement #1 - Mellonville/Celery (NON-EXCLUSIVE EASEMENT ESTATE):
That part of Section 30, Township 19 South, Range 31 East, Seminole
County, Florida, being a portion of Parcel 3 of lands described in Official
Records Book 1099, Page 234, of the Public Records of Seminole County,
Florida, and being more particularly described as follows:
Commencing at the Northwest corner of Section 32, Township 19 South,
Range 31 East, being a found nail and disk, stamped "FDOT LB 1221";
thence North 89°56'46" West, along the South line of the Southeast 1/4 of
Section 30, Township 19 South, Range 31 East, also being the centerline of
Celery Avenue (Old state Road 415), a distance of 1,835.11 feet to a point;
thence North 00°03'14" East a distance of 30.00 feet to the Southwest corner
of the West 50.00 feet of the East 164.00 feet of the South 628.00 feet of Lot
23, Pace Acres, as recorded in Plat Book 3, Page 21, of the Public Records
of Seminole County, Florida, said point being on the North right-of-way line
of Celery Avenue (Old State Road 415) per Official Records Book 1099,
Page 234, of the Public Records of Seminole County, Florida, and the Point
of Beginning; thence North 89°56'46" West, along said North right-of-way
line, a distance of 75.53 feet to a point; thence North 10°23'16" East a
distance of 118.23 feet to a point; thence North 13°53'52" East a distance of
91.74 feet to a point; thence North 00°02'58" West, along a line 32.00 feet
West of and parallel to the West line of lands described in Official Records
Book 7305, Page 1756, of the Public Records of Seminole County, Florida,
a distance of 213.18 feet to a point; thence South 89°53'14" East a distance
of 32.00 feet to a point on said West line; thence South 00°02'58" East,
Page 2 of 3
along said West line, a distance of 418.53 feet to the Point of Beginning.
Easement #2 - Mellonville (NON-EXCLUSIVE EASEMENT ESTATE):
That part of Section 30, Township 19 South, Range 31 East, Seminole
County, Florida, lying in a portion of Lot 24, Pace Acres, according to the plat
thereof, as recorded in Plat Book 3, Page 21, of the Public Records of
Seminole County, Florida, and being more particularly described as follows:
Commencing at the Northwest corner of Section 32, Township 19 South,
Range 31 East, Seminole County, Florida, being a found nail and disk,
stamped "FDOT LB 1221"; thence North 89°56'46" West, along the South
line of the Southeast 1/4 of Section 30, Township 19 South, Range 31 East,
also being the centerline of Celery Avenue (Old State Road 415), a distance
of 1,835.11 feet to a point; thence North 00°03'14" East a distance of 30.00
feet to the Southwest corner of the West 50.00 feet of the East 164.00 feet
of the South 628.00 feet of Lot 23, Pace Acres, as recorded in Plat Book 3,
Page 21, of the Public Records of Seminole County, Florida, said point being
on the North right-of-way of Celery Avenue (Old State Road 415), per Official
Records Book 1099, Page 234, of the Public Records of Seminole county,
Florida; thence North 89°56'46" West, along said North right-of-way line, a
distance of 497.48 feet to the Southeast corner of right-of-way taking
recorded in Official Records Book 2100, Page 829, of the Public Records of
Seminole County, Florida; thence the following three (3) courses along right-
of-way taking; thence North 00°03'14" East a distance of 15.00 feet to a
point; thence North 89°5646" West a distance of 140.31 feet to a point;
thence North 55°55'07" West a distance of 44.50 feet to a point on the East
right-of-way line of Mellonville Avenue, per Official Records Book 1099, Page
234, of the Public Records of Seminole County, Florida; thence North
04°04'10" East, along said East right-of-way line, a distance of 506.15 feet
to the Point of Beginning; thence, continue along said right-of-way line, North
04°04'10" East a distance of 50.01 feet to a point; thence, departing said
right-of-way line, South 86°48'10" East a distance of 285.40 feet to a point
on the West line of Hamilton Elementary School property; thence South
00°44'26" East, along said West line, a distance of 50.12 feet to a point;
thence, departing said West line, North 86°48'10" West a distance of 289.60
feet to the Point of Beginning.
Page 3 of 3
(American Land Title Association - Owner's Policy Adopted 611712006) (With Florida Modifications)
OWNER'S POLICY OF TITLE INSURANCE
OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY
Any notice of claim and any other notice or statement in writing required to be given to the Company under this Policy must be
given to the Company at the address shown in Section 18 of the Conditions.
COVERED RISKS
SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE CONTAINED IN SCHEDULE B,
AND THE CONDITIONS, OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY, a Florida corporation (the "Company")
insures, as of Date of Policy, against loss or damage, not exceeding the Amount of Insurance, sustained or incurred by the insured by
reason of:
1. Title being vested other than as stated in Schedule A.
2. Any defect in or lien or encumbrance on the "Title. This Covered Risk includes but is not limited to insurance against loss from
(a) A defect in the Title caused by
(i) forgery, fraud, undue influence, duress, incompetency, incapacity, or impersonation;
(ii) failure of any person or Entity to have authorized a transfer or conveyance;
(iii) a document affecting Title not properly created, executed, witnessed, sealed, acknowledged, notarized, or delivered;
(iv) failure to perform those acts necessary to create a document by electronic means authorized by law;
(v) a document executed under a falsified, expired, or otherwise invalid power of attorney;
(vi) document not properly filed, recorded, or indexed in the Public Records including failure to perform those acts by
electronic means authorized by law, or
(vii) a defective judicial or administrative proceeding.
(b) The lien of real estate taxes or assessments imposed on the Title by a governmental authority due or payable, but unpaid.
(c) Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the "Title that would be disclosed by
an accurate and complete land survey of the Land. The term "encroachment" includes encroachments of existing
improvements located on the Land onto adjoining land, and encroachments onto the Land of existing improvements located
on adjoining land.
3. Unmarketable Title.
4. No right of access to and from the Land.
S. The violation or enforcement ofany law, ordinance, permit, or governmental regulation (including those relating to building and
zoning) restricting, regulating, prohibiting, or relating to
(a) the occupancy, use, or enjoyment of the Land;
(b) the character, dimensions, or location of any improvement erected on the Land,
(c) the subdivision of land; or
(d) environmental protection
if a notice, describing any part of the Land, is recorded in the Public Records setting forth the violation or intention to enforce, but
only to the extent of the violation or enforcement referred to in that notice.
(Covered Risks continued)
In Witness Whereof, OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY, has caused this policy to be signed and sealed
as of Date of Policy shown in Schedule A, the policy to become valid when countersigned by an authorized signatory of the Company.
OLD REPUBLIC NATIONALTITLE INSURANCE COMPANY
A Slock Company
400 Secagd Avenue South, blimeapolis, Minnesota 5,5401
(6121371-1111
7k By President
Attest Secretary
SERIAL
OF6-8648741
FORM OF6 (rev. 12/10) (With Florida Modifications) Page 1 of 5
File Number: 017-0077 DoubleTime® 8.0
Old Republic National Title Insurance Company
Policy No.:
OF6-8648741
Amount of Insurance: $1,111,344.00
OWNER'S POLICY
Schedule A
Date of Policy: Agent's File Reference:
February 28, 2019 @ 01:23 PM 017-0077
Premium: $5,888.85
Address Reference: Mellonville/Celery Avenue Parcel, Sanford, FL 32773
1. Name of Insured: the City of Sanford, Florida, a Florida municipality
2. The estate or interest in the Land that is insured by this policy is: Fee Simple as shown by instrument recorded as
Document No. 2019021258 in Official Records Book 9305, Page 1891, of the Public Records of Seminole County,
Florida.
3. Title is vested in: the City of Sanford, Florida, a Florida municipality
4. The Land referred to in this policy is described as follows:
THAT PART OF SECTION 30, TOWNSHIP 19 SOUTH, RANGE 31 EAST, SEMINOLE COUNTY,
FLORIDA, BEING ALL OF PARCEL 1 AND A PORTION OF PARCEL 3 OF LANDS DESCRIBED IN
OFFICIAL RECORDS BOOK 1099, PAGE 234 OF THE PUBLIC RECORDS OF SEMINOLE
COUNTY, FLORIDA, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHWEST CORNER OF SECTION 32, TOWNSHIP 19 SOUTH,
RANGE 31 EAST, BEING A FOUND NAIL AND DISK, STAMPED "FDOT LB 1221"; THENCE
NORTH 89056'46" WEST ALONG THE SOUTH LINE OF THE SOUTHEAST 1/4 OF SECTION 30,
TOWNSHIP 19 SOUTH, RANGE 31 EAST, ALSO BEING THE CENTERLINE OF CELERY AVENUE
(OLD STATE ROAD 415), A DISTANCE OF 1835.11 FEET TO A POINT; THENCE NORTH
Issuing Agent:
Wharton Law Group, P.A.
456 S. Central Avenue
Oviedo, FL 32765
Old Republic National Title Insurance Company
400 Second Avenue South, Minneapolis, Minnesota 55401, (612) 371-1111
Agent No.: 7428
Agent's Signature
13:20120118 Pagel of3
Form OF6-SCK-A (rev. 12/10)(With Florida Modifications) DoubleTime@ 8.0
Old Republic National Title Insurance Company
OWNER'S POLICY
Schedule A (Continued)
Policy No.: Agent's File Reference:
OF6-8648741 017-0077
00°03'14" EAST, A DISTANCE OF 30.00 FEET TO THE SOUTHWEST CORNER OF THE WEST
50.00 FEET OF THE EAST 164.00 FEET OF THE SOUTH 628.00 FEET OF LOT 23, PACE ACRES,
AS RECORDED IN PLAT BOOK 3, PAGE 21 OF THE PUBLIC RECORDS OF SEMINOLE COUNTY,
FLORIDA, SAID POINT BEING ON THE NORTH RIGHT OF WAY LINE OF CELERY AVENUE
(OLD STATE ROAD 415) PER OFFICIAL RECORDS BOOK 1099, PAGE 234 OF THE PUBLIC
RECORDS OF SEMINOLE COUNTY, FLORIDA AND THE POINT OF BEGINNING; THENCE
NORTH 89056'46" WEST ALONG SAID NORTH RIGHT OF WAY LINE, A DISTANCE OF 497.48
FEET TO THE SOUTHEAST CORNER OF RIGHT OF WAY TAKING RECORDED IN OFFICIAL
RECORDS BOOK 2100, PAGE 829 OF THE PUBLIC RECORDS OF SEMINOLE COUNTY,
FLORIDA; THENCE THE FOLLOWING THREE COURSES ALONG SAID RIGHT OF WAY
TAKING; THENCE NORTH 00'03'14" EAST, A DISTANCE OF 15.00 FEET TO A POINT; THENCE
NORTH 89056'46" WEST, A DISTANCE OF 140.31 FEET TO A POINT; THENCE NORTH 55055'07"
WEST, A DISTANCE OF 44.50 FEET TO A POINT ON THE EAST RIGHT OF WAY LINE OF
MELLONVILLE AVENUE PER OFFICIAL RECORDS BOOK 1099, PAGE 234 OF THE PUBLIC
RECORDS OF SEMINOLE COUNTY, FLORIDA; THENCE NORTH 04°04'10" EAST ALONG SAID
EAST RIGHT OF WAY LINE, A DISTANCE OF 418.41 FEET TO A POINT ON THE NORTH LINE
OF PARCEL 3 OF LANDS DESCRIBED IN OFFICIAL RECORDS BOOK 1099, PAGE 234 OF THE
PUBLIC RECORDS OF SEMINOLE COUNTY, FLORIDA; THENCE THE FOLLOWING FOUR
COURSES ALONG SAID NORTH LINE; THENCE SOUTH 85°39'07" EAST, A DISTANCE OF 90.11
FEET TO A POINT; THENCE NORTH 04°19'56" EAST, A DISTANCE OF 73.68 FEET TO A POINT;
THENCE SOUTH 87058'09" EAST, A DISTANCE OF 200.23 FEET TO THE SOUTHWEST CORNER
OF PARCEL 2 OF SAID LANDS; THENCE SOUTH 89°44'39" EAST, A DISTANCE OF 162.82 FEET
TO A POINT; THENCE DEPARTING SAID NORTH LINE, RUN SOUTH 00°06'46" WEST, A
DISTANCE OF 97.81 FEET TO A POINT; THENCE SOUTH 89°53'14" EAST, A DISTANCE OF
186.42 FEET TO A POINT ON THE WEST LINE OF LANDS DESCRIBED IN OFFICIAL RECORDS
BOOK 7305, PAGE 1756 OF THE PUBLIC RECORDS OF SEMINOLE COUNTY, FLORIDA;
THENCE SOUTH 00002'58" EAST ALONG SAID WEST LINE, A DISTANCE OF 418.53 FEET TO
THE POINT OF BEGINNING.
Page 2 of 3
Form OF&SCL-A (Continued) (rev. 12/10)(iYith Florida Modifications) DoubieTime® 8.0
Old Republic National Title Insurance Company
OWNER'S POLICY
Schedule B
Policy No.: Agent's File Reference:
OF6-8648741 017-0077
This policy does not insure against loss or damage, and the Company will not pay costs, attorneys' fees, or expenses that
arise by reason of:
1. General or special taxes and assessments required to be paid in the year 2019 and subsequent years.
2. Easement in favor of Florida Power & Light Company recorded in O.R. Book 1143, Page 1003, Public Records of
Seminole County, Florida.
3. Utility and Construction Easement recorded in O.R. Book 1940, Page 1564, Public Records of Seminole County,
Florida.
4. Access Easement Agreement dated February 28, 2019, entered into between The School Board of Seminole County,
Florida and the City of Sanford, Florida recorded in O.R. Book 9305, Page 1928.
5. Joint Use Parking Easement Agreement dated February 28, 2019, entered into between The School Board of
Seminole County, Florida and the City of Sanford, Florida recorded in O.R. Book 9305, Page 1917.
6. Access and Storage License Agreement dated February 28, 2019, entered into between The School Board of
Seminole County, Florida, and the City of Sanford, Florida recorded in O.R. Book 9305, Page 1909.
7. All recording references are to the Public Records of Seminole County, Florida.
Page 3 of 3
Foran OF&SCH.-B (rev. 12/10) ffith Florida Modifications) DoubleTime® 8.0
ALTA ENDORSEMENT 9.1-06
RESTRICTIONS, ENCROACHMENTS, MINERALS - OWNER'S POLICY - UNIMPROVED LAND
(With Florida Modifications)
Old Republic National Title Insurance Company
Endorsement No. 1 to Policy No. OF6-8648741
The insurance provided by this endorsement is subject to the Exclusions from Coverage, the Exceptions from Coverage
contained in Schedule B, and the Conditions in the policy.
The Company insures the insured against loss or damage sustained by reason of.
1. The existence, at Date of Policy, of any of the following unless expressly excepted in Schedule B.
(a) Present violations on the land of any enforceable covenants, conditions or restrictions.
(b) Any instrument referred to in Schedule B as containing covenants, conditions or restrictions on the land
which, in addition, (i) establishes an easement on the land, (ii) provides for an option to purchase, a right of
first refusal or the prior approval of a future purchaser or occupant; or (iii) provides a right of reentry,
possibility of reverter or right of forfeiture because of violations on the land of any enforceable covenants,
conditions or restrictions.
(c) Any encroachment onto the land of existing improvements located on adjoining land.
(d) Any notices of violation of covenants, conditions and restrictions relating to environmental protection recorded
or filed in the public records.
2. Damage to buildings constructed on the land after Date of Policy resulting from the future exercise of any right
existing at Date of Policy to use the surface of the land for the extraction or development of minerals excepted from
the description of the land or excepted in Schedule B.
Wherever in this endorsement the words "covenants, conditions or restrictions" appear, they shall not be deemed to refer to
or include the terms, covenants, conditions or limitations contained in an instrument creating a lease.
As used in paragraph 1(a) the words "covenants, conditions or restrictions" shall not be deemed to refer to or include any
covenants, conditions or limitations relating to environmental protection.
The failure to expressly except any matter delineated in paragraphs 1(a), (b) or (d) of this endorsement constitutes the
Company's agreement to indemnify against loss or damage resulting from any matters delineated in paragraphs 1(a), (b) or
(d) only and provides no coverage for any other matters set forth in the covenants, conditions and restrictions.
This endorsement is issued as part of the policy. Except as it expressly states, it does not (i) modify any of the terms and
provisions of the policy, (ii) modify any prior endorsements, (iii) extend the Date of Policy, or (iv) increase the Amount of
Insurance. To the extent a provision of the policy or a previous endorsement is inconsistent with an express provision of
this endorsement, this endorsement controls. Otherwise, this endorsement is subject to all of the terms and provisions of the
policy and of any prior endorsements.
Wharton Law Group, P.A.
Name of Agent
Agent's Signature
7428
Agent No.
Old Republic National Title Insurance Company
By Mark A. Bilbrey
President
ALTA Endorsement 9.1-06 Restrictions, Encroachments, Minerals - Owner's Policy - Unimproved Land (Florida Modified) (rev.05/19) e:20140519
File Number: 017-0077 DoubleTime® 8.0
(Covered Risks, continued)
6. An enforcement action based on the exercise of a governmental police power not covered by Covered Risk 5 if a notice of the enforcement action,
describing any part of the Land, is recorded in the Public Records, but only to the extent of the enforcement referred to in that notice.
7. The exercise of the rights of eminent domain if a notice of the exercise, describing any part of the Land, is recorded in the Public Records.
8. Any taking by a governmental body that has occurred and is binding on the rights of a purchaser for value without Knowledge.
9. Title being vested other than as stated in Schedule A or being defective
(a) as a result of the avoidance in whole or in part, or from a court order providing an alternative remedy, of a transfer of all or any part of the title
to or any interest in the Land occurring prior to the transaction vesting Title as shown in Schedule A because that prior transfer constituted a
fraudulent or preferential transfer under federal bankruptcy, state insolvency, or similar creditors' rights laws; or
(b) because the instrument of transfer vesting Title as shown in Schedule A constitutes a preferential transfer under federal bankruptcy, state
insolvency, or similar creditors' rights laws by reason of the failure of its recording in the Public Records
(i) to be timely, or
(ii) to impart notice of its existence to a purchaser for value or to a judgment or lien creditor.
10. Any defect in or lien or encumbrance on the Title or other matter included in Covered Risks 1 through 9 that has been created or attached or has
been filed or recorded in the Public Records subsequent to Date of Policy and prior to the recording of the deed or other instrument of transfer in
the Public Records that vests Title as shown in Schedule A.
The Company will also pay the costs, attorneys' fees. and expenses incurred in defense of any matter insured against by this Policy, but only to the
extent provided in the Conditions.
EXCLUSIONS FROM COVERAGE
The following matters are expressly excluded from the coverage of this policy, and the Company will not pay loss or damage, costs, attorneys' fees,
or expenses that arise by reason of:
1. (a) Any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating, prohibiting,
or relating to
(i) the occupancy, use, or enjoyment of the Land;
(ii) the character, dimensions, or location of any improvement erected on the Land;
(iii)the subdivision of land; or
(iv)environmental protection;
or the effect of any violation of these laws, ordinances, or governmental regulations. This Exclusion I(a) does not modify or limit the
coverage provided under Covered Risk 5.
(b) Any governmental police power. This Exclusion 1(b) does not modify or limit the coverage provided under Covered Risk 6.
2. Rights of eminent domain. This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8.
3. Defects, liens, encumbrances, adverse claims, or other matters
(a) created, suffered, assumed, or agreed to by the Insured Claimant;
(b) not Known to the Company, not recorded in the Public Records at Date of Policy, but Known to the Insured Claimant and not disclosed in
writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy;
(c) resulting in no loss or damage to the Insured Claimant;
(d) attaching or created subsequent to Date of Policy; or
(e) resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value for the Title.
4. Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that the transaction vesting the
Title as shown in Schedule A, is
(a) a fraudulent conveyance or fraudulent transfer; or
(b) a preferential transfer for any reason not stated in Covered Risk 9 of this policy.
5. Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching between Date of Policy and
the date of recording of the deed or other instrument of transfer in the Public Records that vests Title as shown in Schedule A.
CONDITIONS
1. DEFINITION OF TERMS
The following terms when used in this policy mean:
(a) "Amount of Insurance": The amount stated in Schedule A, as may be increased or decreased by endorsement to this policy, increased by Section 8(b), or
decreased by Sections 10 and 1 1 of these Conditions.
(b) "Date of Policy": The date designated as "Date of Policy" in Schedule A.
(c) "Entity": A corporation, partnership, trust, limited liability company, or other similar legal entity.
(d) "Insured": The Insured named in Schedule A.
(i) the term "Insured" also includes
(A) successors to the Title of the Insured by operation of law as distinguished from purchase, including heirs, devisees, survivors, personal
representatives, or next of kin;
(B) successors to an Insured by dissolution, merger, consolidation, distribution, or reorganization;
(C) successors to an Insured by its conversion to another kind of Entity;
(D) a grantee of an Insured under a deed delivered without payment of actual valuable consideration conveying the Title
(1) if the stock, shares, memberships, or other equity interests of the grantee are wholly-owned by the named Insured,
FORM OF6 (rev. 12/10) (With Florida Modifications) Page 2 of 5
(2) if the grantee wholly owns the named Insured,
(3) if the grantee is wholly-owned by an affiliated Entity of the named Insured, provided the affiliated Entity and the named Insured are both
wholly-owned by the same person or Entity, or
(4) if the grantee is a trustee or beneficiary of a trust created by a written instrument established by the Insured named in Schedule A for estate
planning purposes.
(ii) With regard to (A), (13). (C), and (D) reserving, however, all rights and defenses as to any successor that the Company would have had against
any predecessor Insured.
(e) "Insured Claimant": An Insured claiming loss or damage.
(f) "Knowledge" or "Known": Actual knowledge, not constructive knowledge or notice that may be imputed to an Insured by reason of the
Public Records or any other records that impart constructive notice of matters affecting the Title.
(g) "Land": The land described in Schedule A, and affixed improvements that by law constitute real property. The term "Land" does not
include any property beyond the lines of the area described in Schedule A, nor any right, title, interest, estate, or easement in abutting
streets, roads, avenues, alleys, lanes, ways, or waterways, but this does not modify or limit the extent that a right of access to and from
the Land is insured by this policy.
(h) "Mortgage": Mortgage, deed of trust, trust deed, or other security instrument, including one evidenced by electronic means authorized by
law.
(i) "Public Records": Records established under state statutes at Date of Policy for the purpose of imparting constructive notice of matters
relating to real property to purchasers for value and without Knowledge. With respect to Covered Risk 5(d), "Public Records" shall also
include environmental protection liens filed in the records of the clerk of the United States District Court for the district where the Land
is located.
(j) "Title": The estate or interest described in Schedule A.
(k) "Unmarketable Title": Title affected by an alleged or apparent matter that would permit a prospective purchaser or lessee of the Title or
lender on the Title to be released from the obligation to purchase, lease, or lend if there is a contractual condition requiring the delivery
of marketable title.
2. CONTINUATION OF INSURANCE
The coverage of this policy shall continue in force as of Date of Policy in favor of an Insured, but only so long as the Insured retains an estate or interest
in the Land, or holds an obligation secured by a purchase money Mortgage given by a purchaser from the Insured, or only so long as the Insured shall
have liability by reason of warranties in any transfer or conveyance of the Title. This policy shall not continue in force in favor of any purchaser from the
Insured of either (i) an estate or interest in the Land, or (ii) an obligation secured by a purchase money Mortgage given to the Insured.
3. NOTICE OF CLAIM TO BE GIVEN BY INSURED CLAIMANT
The Insured shall notify the Company promptly in writing (i) in case of any litigation as set forth in Section 5(a) of these Conditions, (ii) in case
Knowledge shall come to an Insured hereunder of any claim of title or interest that is adverse to the Title, as insured, and that might cause loss or damage
f'or which the Company may be liable by virtue of this policy_ or (iii) if the 'title, as insured, is rejected as Unmarketable Title. If the Company is
prejudiced by the failure of the hlsured Claimant to provide prompt notice, the Company's liability to the Insured Claimant under the policy shall be
reduced to the extent of the prejudice.
4. PROOF OF LOSS
In the event the Company is unable to determine the amount of loss or damage, the Company may, at its option, require as a condition of payment that the
Insured Claimant furnish a signed proof of loss. The proof of loss must describe the defect, lien, encumbrance, or other matter insured against by this
policy that constitutes the basis of loss or damage and shall state, to the extent possible, the basis of calculating the amount of the loss or damage.
5. DEFENSE AND PROSECUTION OF ACTIONS
(a) Upon written request by the Insured, and subject to the options contained in Section 7 of these Conditions, the Company, at its own cost and without
unreasonable delay, shall provide for the defense of an Insured in litigation in which any third party asserts a claim covered by this policy adverse to
the Insured. This obligation is limited to only those stated causes of action alleging matters insured against by this policy. The Company shall have the
right to select counsel of its choice (subject to the right of the Insured to object for reasonable cause) to represent the Insured as to those stated causes
of action. It shall not be liable for and will not pay the fees of any other counsel. The Company will not pay any fees, costs, or expenses incurred by
the Insured in the defense of those causes of action that allege matters not insured against by this policy.
(b) The Company shall have the right, in addition to the options contained in Section 7 of these Conditions, at its own cost, to institute and prosecute any
action or proceeding or to do any other act that in its opinion may be necessary or desirable to establish the Title, as insured, or to prevent or reduce
loss or damage to the hlsured. The Company may take any appropriate action under the terms of this policy, whether or not it shall be liable to the
Insured. The exercise of these rights shall not be an admission of liability or waiver of any provision of this policy. If the Company exercises its rights
under this subsection, it must do so diligently.
(c) Whenever the Company brings an action or asserts a defense as required or permitted by this policy, the Company may pursue the litigation to a final
determination by a court of competent jurisdiction, and it expressly reserves the right, in its sole discretion, to appeal any adverse judgment or order.
6. DUTY OF INSURED CLAIMANT TO COOPERATE
(a) In all cases where this policy permits or requires the Company to prosecute or provide for the defense of any action or proceeding and any appeals, the
Insured shall secure to the Company the right to so prosecute or provide defense in the action or proceeding, including the right to use, at its option,
the name of the Insured for this purpose. Whenever requested by the Company, the Insured, at the Company's expense, shall give the Company all
reasonable aid (i) in securing evidence, obtaining witnesses, prosecuting or defending the action or proceeding, or effecting settlement, and (ii) in any
other lawful act that in the opinion of the Company may be necessary or desirable to establish the Title or any other matter as insured. If the Company
is prejudiced by the failure of the Insured to furnish the required cooperation, the Company's obligations to the Insured under the policy shall
terminate, including any liability or obligation to defend, prosecute, or continue any litigation, with regard to the matter or matters requiring such
cooperation.
FORM OF6 (rev. 12110) (With Florida Modifications) Page 3 of 5
`(b)=Flie Company may reasonably require the Insured Claimant to submit to examination under oath by any authorized representative of the Company and
to produce for examination, inspection, and copying, at such reasonable times and places as may be designated by the authorized representative of the
Company, all records, in whatever medium maintained, including books, ledgers, checks, memoranda, correspondence, reports, e-mails, disks, tapes,
and videos whether hearing a date before or after Date of'Policy, that reasonably pertain to the loss or damage. Further, if requested by any authorized
representative of the Company, the Insured Claimant shall grant its permission, in writing, for any authorized representative of the Company to
examine, inspect, and copy all of these records in the custody or control of a third party that reasonably pertain to the loss or damage. All information
designated as confidential by the insured Claimant provided to the Company pursuant to this Section shall not be disclosed to others unless, in the
reasonable judgment of the Company, it is necessary in the administration of the claim. Failure of the Insured Claimant to submit for examination
under oath. produce any reasonably requested information, or grant permission to secure reasonably necessary information from third parties as
required in this subsection, unless prohibited by law or governmental regulation, shall terminate any liability of the Company under this policy as to
that claim.
7. OPTIONS TO PAY OR OTHERWISE SETTLE CLAIMS; TERMINATION OF LIABILITY
In case ora claim under this policy, the Company shall have the following additional options:
(a) To Pay or "fender Payment of the Amount of Insurance.
To pay or tender payment of the Amount of Insurance under this policy together with any costs, attorneys' fees, and expenses incurred by the Insured
Claimant that were authorized by the Company up to the time of payment or tender of payment and that the Company is obligated to pay.
Upon the exercise by the Company of this option, all liability and obligations of the Company to the Insured under this policy, other than to make the
payment required in this subsection, shall terminate, including any liability or obligation to defend, prosecute, or continue any litigation.
(b) To Pay or Otherwise Settle With Parties Other Than the Insured or With the Insured Claimant.
(i) to pay or otherwise settle with other parties for or in the name of an Insured Claimant any claim insured against under this policy. In addition, the
Company will pay any costs, attorneys' fees, and expenses incurred by the Insured Claimant that were authorized by the Company up to the time of
payment and that the Company is obligated to pay; or
(ii) to pay or otherwise settle with the Insured Claimant the loss or damage provided for under this policy, together with any costs, attorneys' fees, and
expenses incurred by the Insured Claimant that were authorized by the Company up to the time of payment and that the Company is obligated to
pay.
Upon the exercise by the Company of either of the options provided for in subsections (b)(i) or (ii), the Company's obligations to the Insured under
this policy for the claimed loss or damage, other than the payments required to be made, shall terminate, including any liability or obligation to
defend, prosecute, or continue any litigation.
8. DETERMINATION AND EXTENT OF LIABILITY
This policy is a contract of indemnity against actual monetary loss or damage sustained or incurred by the Insured Claimant who has suffered loss or
damage by reason of matters insured against by this policy.
(a) The extent of liability of the Company for loss or damage under this policy shall not exceed the lesser of
(i) the Amount of Insurance; or
(ii) the difference between the value of the Title as insured and the value of the Title subject to the risk insured against by this policy.
(b) II'the Company pursues its rights under Section 5 of these Conditions and is unsuccessful in establishing the Title, as insured,
(i) the Amount of Insurance shall be increased by 10%, and
(ii) the Insured Claimant shall have the right to have the loss or damage determined either as of the date the claim was made by the Insured Claimant
or as of the date it is settled and paid.
(c) In addition to the extent of liability under (a) and (b), the Company will also pay those costs, attorneys' fees, and expenses incurred in accordance with
Sections 5 and 7 of these Conditions.
9. LIMITATION OF LIABILITY
(a) If the Company establishes the Title, or removes the alleged defect, lien, or encumbrance, or cures the lack of a right of access to or from the Land, or
cures the claim of Unmarketable Title, all as insured, in a reasonably diligent manner by any method, including litigation and the completion of any
appeals, it shall have fully performed its obligations with respect to that matter and shall not be liable for any loss or damage caused to the Insured.
(b) In the event of any litigation. including litigation by the Company or with the Company's consent, the Company shall have no liability for loss or
damage until there has been a final determination by a court of competent jurisdiction, and disposition of all appeals, adverse to the Title, as insured.
(c) The Company shall not be liable for loss or damage to the Insured for liability voluntarily assumed by the Insured in settling any claim or suit without
the prior written consent of the Company.
10. REDUCTION OF INSURANCE; REDUCTION OR TERMINATION OF LIABILITY
All payments under this policy, except payments made for costs, attorneys' fees, and expenses, shall reduce the Amount of Insurance by the amount of the
payment.
11. LIABILITY NONCUMULATIVE
The Amount of Insurance shall be reduced by any amount the Company pays under any policy insuring a Mortgage to which exception is taken in
Schedule B or to which the Insured has agreed, assumed, or taken subject, or which is executed by an Insured after Date of Policy and which is a charge
or lien on the Title, and the amount so paid shall be deemed a payment to the Insured under this policy.
12. PAYMENT OF LOSS
When liability and the extent of loss or damage have been definitely fixed in accordance with these Conditions, the payment shall be made within 30 days.
13. RIGHTS OF RECOVERY UPON PAYMENT OR SETTLEMENT
(a) Whenever the Company shall have settled and paid a claim under this policy, it shall be subrogated and entitled to the rights of the Insured Claimant
FORM OF6 (rev. 12/10) (With Florida Modifications) Page 4 of 5
'in th6 Tide'and all other rights and remedies in respect to the claim that the Insured Claimant has against any person or property, to the extent of the
amount of any loss, costs, attorneys' fees, and expenses paid by the Company. If requested by the Company, the Insured Claimant shall execute
documents to evidence the transfer to the Company of these rights and remedies. The Insured Claimant shall permit the Company to sue, compromise,
or settle in the name of the Insured Claimant and to use the name or the insured Claimant in any transaction or litigation involving these rights and
remedies. If a payment on account of a claim does not fully cover the loss of the Insured Claimant, the Company shall defer the exercise of its right to
recover until after the Insured Claimant shall have recovered its loss.
(b) The Company's right of subrogation includes the rights of the Insured to indemnities, guaranties, other policies of insurance, or bonds, notwithstanding
any terms or conditions contained in those instruments that address subrogation rights.
14. ARBITRATION
Unless prohibited by applicable law, arbitration pursuant to the Title Insurance Arbitration Rules of the American Arbitration Association may be
demanded if agreed to by both the Company and the Insured at the time of the controversy or claim. Arbitrable matters may include, but are not limited to,
any controversy or claim between the Company and the insured arising out of or relating to this policy, and service ofthe Company in connection with its
issuance or the breach of a policy provision or other obligation. Arbitration pursuant to this policy and under the Rules in effect on the date the demand
for arbitration is made or, at the option of the Insured, the Rules in effect at Date of Policy shall be binding upon the parties. The award may include
attorneys' fees only if the laws of the state in which the Land is located permit a court to award attorneys' fees to a prevailing party. Judgment upon the
award rendered by the Arbitrator (s) may be entered in any court having jurisdiction thereof.
The law of the situs of'the land shall apply to an arbitration under the Title Insurance Arbitration Rules.
A copy of the Rules may be obtained from the Company upon request.
15. LIABILITY LIMITED TO THIS POLICY; POLICY ENTIRE CONTRACT
(a) This policy together with all endorsements, if any, attached to it by the Company is the entire policy and contract between the Insured and the
Company. In interpreting any provision of this policy, this policy shall be construed as a whole.
(b) Any claim of loss or damage that arises out of the status of the Title or by any action asserting such claim whether or not based on negligence shall be
restricted to this policy.
(c) Any amendment of or endorsement to this policy must be in writing and authenticated by an authorized person, or expressly incorporated by Schedule
A of this policy.
(d) Each endorsement to this policy issued at any time is made a part of this policy and is subject to all of its terms and provisions. Except as the
endorsement expressly states, it does not (i) modify any of the terms and provisions of the policy, (ii) modify any prior endorsement, (iii) extend the
Date of Policy, or (iv) increase the Amount of Insurance.
16. SEVERABILITY
In the event any provision of this policy, in whole or in part, is held invalid or unenforceable under applicable law, the policy shall be deemed not to
include that provision or such part held to be invalid, but all other provisions shall remain in full force and effect.
17. CHOICE OF LAW; FORUM
(a) Choice of Law: The Insured acknowledges the Company has underwritten the risks covered by this policy and determined the premium charged
therefor in reliance upon the law affecting interests in real property and applicable to the interpretation, rights, remedies, or enforcement of policies of
title insurance of the jurisdiction where the Land is located.
Therefore, the court or an arbitrator shall apply the law of the jurisdiction where the Land is located to determine the validity of claims against the
Title that are adverse to the Insured and to interpret and enforce the terms of this policy. In neither case shall the court or arbitrator apply its conflicts
of law principles to determine the applicable law.
(b) Choice of Forum: Any litigation or other proceeding brought by the Insured against the Company must be filed only in a state or federal court within
the United States of America or its territories having appropriate jurisdiction.
18. NOTICES, WHERE SENT
Any notice of claim and any other notice or statement in writing required to be given to the Company under this policy must be given to the Company at
400 Second Avenue South, Minneapolis, Minnesota 55401-2499, Phone: (612) 371-1111.
FORM OF6 (rev. 12/10) (With Florida Modifications) Page 5 of 5
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Prepared by and Return to:
William L. Colbert, Esquire
Stenstrom, McIntosh; Colbert & Whigham, P.A.
1001 Heathrow Park Lane, Suite 4001
Lake Mary, Florida 32746
(Not the preparer of the legal
descriptions attached hereto)
GRANT MALOY, SEMINOLE COUNTY
CLERK OF CIRCUIT COURT a COMPTROLLER
CFN#2019021256 Bk:9305 Page:1878-1887
REC: 02/28/2019 1:23:37 PM by kmendez
RECORDING FEES $86.50
DEED TAX $4,979.80
Parcel ID: 02-20-30-300-0100-0000 & 06-20-31-502-0600-0010
THIS SPECIAL WARRANTY DEED made theQA-day of February, 2019, by the
CITY OF SANFORD, a Florida municipal corporation, (hereinafter referred to as
"Grantor") to the SCHOOL BOARD OF SEMINOLE COUNTY, FLORIDA (hereinafter
referred to as "Grantee") whose address is 400 East Lake Mary Boulevard, Sanford,
Florida 32773.
WITNESSETH:
THAT GRANTOR, for and in consideration of the sum of Ten Dollars and no/100
($10.00), and other valuable considerations, the receipt and sufficiency of which is hereby
acknowledged, hereby grants, bargains, sells, aliens, remises, releases, conveys, and
confirms unto Grantee all that certain land situate in Seminole County, Florida, viz:
Parcel 1:
All that tract or parcel of land lying in the Northeast quarter of Section 2,
Township 20 South, Range 30 East, and being a portion of tax parcel 10 as
described in Official Records Book 3688, Page 1294 of the Public Records
of Seminole County, Florida, and being more particularly described as
follows:
Commencing at the Northeast corner of the Northeast quarter of Section 2,
Township 20 South, Range 30 East; thence South 00021'42" East along the
East line of the Northeast quarter of said Section 2, a distance of 2,063.38
feet to a point; thence South 89056'46" West a distance of 1,391.43 feet to
the Southwest corner of tax parcel 47C as described in Official Records
Book 1201, Page 126 of said Public Records, a portion of the previous
course being coincident with the South line of said tax parcel 47C; thence
North 00030'42" West along the West line of said tax parcel 47C, a distance
of 37.81 feet to the Point of Beginning; thence departing said West line,
South 89049'19" West a distance of 333.50 feet to a point on the West line
of said tax parcel 10; thence North 00'29'13" West along said West line a
distance of 226.06 feet to a 4" by 4" concrete monument (no identification
number) marking the Northwest comerthereof; thence South 89055,17" East
along the North line of said tax parcel 10, a distance of 319.34 feet to a 5"
round concrete monument (no identification number) marking the Northeast
corner thereof, said Northeast corner lying on the West line of tax parcel 58
as described in Official Records Book 3162, Page 113 of said Public
Records; thence South 00° 1546" East, along the West line of said tax parcel
58, a distance of 111.55 feet to the Southwest corner thereof; thence South
88°46'24" East along the South line of tax parcel 58, a distance of 14.57 feet
to a 4" by 4" concrete monument (no identification number) marking the
Northwest corner of said tax parcel 47C; thence South 00°30'42" East, along
said West line of tax parcel 47C, a distance of 112.72 feet to the Point of
Beginning.
Parcel 2:
A portion of Blocks 6, 8 and 9 and a portion of the vacated rights-of-way of
Princeton Avenue and Yale Avenue, Palm Terrace, according to the plat
thereof, as recorded in Plat Book 4, Pages 82 and 83, of the Public Records
of Seminole County, Florida, and being more particularly described as
follows:
Begin at the Northwest corner of said Block 6 and run North 89°30'36" East,
along the South right-of-way line of Palm Drive, as shown on the said plat of
Palm Terrace, 627.10 feet to a point on the West line of Lot 17 of said Block
9; thence run North 00°29'51" West, along the East right-of-way line of said
Yale Avenue, 40.14 feet to the Northwest corner of Lot 17; thence nun North
89°23'47" East, along the North line of said Lot 17, 119.19 feet to the
Northeast corner of said Lot 17; thence run South 00°1559" East, along the
East line of said Block 9, 178.30 feet; thence, leaving said East line, run
North 81 °27'25" West 329.42 feet; thence run South 00°00'44" West 259.97
feet; thence run South 89°31'45" West 417.93 feet to a point on the West
line of said Block 6; thence run North 00°2953" West, along said West line,
346.03 feet to the Point of Beginning.
(hereinafter collectively referred to as the "Property").
GRANTOR hereby specifically releases any automatic reservation and right of entry
in accordance with Florida Statute §270.11.
SUBJECT TO the easements, restrictions and reservations of record set forth on
Exhibit "A" attached hereto. This reference shall not serve to reimpose same.
TOGETHER with all the tenements, hereditaments, and appurtenances thereto
belonging or in anywise appertaining.
TO HAVE AND TO HOLD, the same in fee simple forever.
AND GRANTOR hereby covenants with Grantee that Grantor is lawfully seized of
Special Warranty Deed
Page 2 of 3
the Property in fee simple; that Grantor has good right and lawful authority to sell and
convey the Property, and Grantor covenants that the Property is free from all
encumbrances made by Grantor, and Grantor does bind Grantor and Grantor's heirs,
successors, and assigns to warrant and forever defend the title to the property to the
Grantee above named and Grantee's heirs, successors, and assigns, against everyperson
lawfully claiming the property, or any part thereof, by, through, or under the Grantor, but
not otherwise.
IN WITNESS WHEREOF, Grantor has signed and sealed these presents the day
and year first above written.
Signed, sealed and delivered
in the,esen e of w nesses
Sign -afire of Witnels #1
alaso.l ooctoyia,-
Printed Name of Witness #1
Signature of Witness #2
Ei/2Pr-) Aa5/ n
Printed Name of Witness #2
STATE OF FLORIDA )
COUNTY OF SEMINOLE )
CITY OF SANFO
municipal corporatiof
By: (L
Jeff Triplett, Mayor=
300 North Park Aver
Sanford, Florida 327
(Address of Grantor)
Attest:
Traci Houchin rk
PST. �
, a Florida
I HEREBY CERTIFY that on this"h day of February, 2019, before me, an officer
duly authorized to administer oaths and take acknowledgments, personally appeared by
JEFF TRIPLETT, as Mayor of the City of Sanford, a Florida municipal c�---
oration,
known to me to be the person described in and who executed the foregoingtrument,
who acknowledged executing the same in the presence of o subscribi wit ses freely
and voluntarily under authority duly vested in him, who iVpersonally n to qne.
(Affix Notary Seal)
d16
'�' 2p�^
NICOlE1.05BURN
..:
Notary Public -Scare of Florida
• •<
Commission=GG 152572
My Comm. Expires Nov 24, 2021
8orded thmuo National Notary Assn.
Nla KSignaTure;
C -C.'(1 R. �
Printed Name
Special Warranty Deed
Page 3 of 3
orida
1. Taxes and assessments for the year 2019 and subsequent years, which are not yet
due and payable.
2. Ordinance No. 1471 by the City Commission of the City of Sanford, Florida,
recorded June 13, 1979 in Official Records Book 1228, Page 1060. (as to Parcel
2)
3. Grant of Easement in favor of Southern Bell Telephone Company recorded July 12,
1984 in Official Records Book 1562, Page 1609. (as to Parcel 2)
4. Ordinance No. 1914 by the City of Sanford, Florida, recorded January 27, 1988 in
Official Records Book 1925, Page 1835. (as to Parcel 1)
5. Terms and provisions of the Grant of Easement in favor of the City of Sanford, a
Florida corporation, recorded October 4, 1999 in Official Records Book 3733, Page
853. (as to Parcel 1)
6. Terms and provisions of the Grant of Easement in favor of the City of Sanford, a
Florida corporation, recorded October 15, 1999 in Official Records Book 3741, Page
159. (as to Parcels 1)
7. Perpetual easements, right-of-way, right to install and maintain obstruction lights
and perpetual right of ingress and egress as set forth in Judgment on Declaration
of Taking filed November 3, 1953 under Case No. 627 ORL Civil, United States
District Court for the Southern District of Florida, and Declaration of Taking filed
October 29, 1953 under Case No. 627 ORL Civil, United States District Court for the
Southern District of Florida, all of the above attached to and made a part of National
Archives and Records Administration recorded July 13, 2001 in Official Records
Book 4127, Page 1574, together with Quitclaim Deed from the United States of
America to City of Sanford, a municipal corporation, recorded September 10, 1969
in Deed Book 741, Page 499, re-recorded November 15, 2000 in Official Records
Book 3956, Page 1748, as affected by Stipulated Amended Order of Taking as to
the City of Sanford's Easement Interest in Parcels Nos. 204, 804, 206 and 806
recorded June 9, 2005 in Official Records Book 5759, Page 815. (as to Parcel 2)
8. Reservation in favor of the City of Sanford, Florida, as set forth in Ordinance No.
1471 recorded June 13, 1979 in Official Records Book 1228, Page 1060. (as to
Parcel 2)
9. Terms and provisions of Right -of -Way Use License and Agreement by and between
School Board of Seminole County, Florida, and City of Sanford, Florida, a Florida
municipality, recorded November 8, 2018 in Official Records Book 9246, Page 49.
(as to Parcel 2)
All recording references in this form shall refer to the public records of
Seminole County, Florida, unless otherwise noted.
Traci Houchin
City Clerk
City of Sanford, Florida Resolution No. 2781
By:
DePutA of the City Commission of the City of Sanford, Florida
Date:i9 "IMMAressh title -insurance issues relating to, and providing for the
ratification and approval of, the Contract for Sale and Purchase
(Land Exchange Agreement) associated documents and agreements
between the Seminole County School District/Seminole County
School Board and the City; providing for legislative findings and
intent; providing for plenary implementation; providing for a savings
provision; providing for conflicts; providing for severability and
providing for an effective date.
Be It Resolved By The City Commission Of The City Of Sanford, Florida:
Section 1. Legislative Findings and Intent.
(a). The City of Sanford has complied with all requirements and procedures of
Florida law in processing this Resolution.
(b). All City staff agenda memoranda and materials relating to this Resolution
are adopted herein by this reference thereto as the findings and intent of the City
Commission of the City of Sanford relative to the transaction referenced herein between
the City and the Seminole County School District.
Section 2. Implementation Of Contract For Sale And Purchase (Land
Exchange Agreement) And Right Of Way Use Agreement; Seminole County
School District/Seminole County School Board; Resolution Of Title Issues.
(a). The City Commission of the City of Sanford hereby finds and determines
as follows:
(1). This Resolution is adopted to address matters set forth in the title
insurance commitment relating to the land exchange between the City and the Seminole
County School District/Seminole County .School Board pertaining to the sale of those
certain properties identified on Exhibit "A" attached hereto and incorporated herein by
11Paae
this reference and pertaining to the grant of those certain easements identified on
Exhibit "B" attached hereto and incorporated herein by this reference .
(2). The parcels of real property (lands) to be conveyed by the City to the
Seminole County School District/Seminole County School Board are no longer
necessary for public purposes under the jurisdiction and control of the City.
(3). The disposal of the real property (lands) to be conveyed by the City to the
Seminole County School District is in the best interests of the public.
(4). The conveyance of the real property (lands) to be conveyed by the City to
the Seminole County School District/Seminole County School Board.is authorized by
controlling State law.
(5). The City specifically releases any and all automatic reversion and right of
entry that is applicable to the transaction with the Seminole County School
District/Seminole County School Board in accordance with the provisions of Section
270.11, Florida Statutes.
(b). The City Commission of the City of Sanford hereby authorizes the City
Manager, City Clerk and City Attorney to implement the provisions of this Resolution
including, but not limited to, any and all matters relating to the closing of the subject
Contract for Sale and Purchase (Land Exchange Agreement) and related transactions
with the Seminole County School District/Seminole County School Board.
Section 3. Savings.
The prior actions of the City relative to the subject City property and all related
activities are hereby ratified and affirmed and the City Commission hereby fully ratifies
and approves the Contract for Sale and Purchase (Land Exchange Agreement) and the
21Page
associated all associated documents and agreements between the Seminole County
School District/Seminole County School Board and the City.
Section 4. Conflicts.
All resolutions or parts of resolutions in conflict with this Resolution are hereby
repealed.
Section 5. Severability.
If any section, sentence, phrase, word or portion of this Resolution is determined
to be invalid, unlawful or unconstitutional, said determination shall not be held to
invalidate or impair the validity, force or effect of any other section, sentence, phrase,
word or portion of this Resolution not otherwise determined to be invalid, unlawful or
unconstitutional.
Attest:
Section 6. Effective Date.
This Resolution shall become effective immediately upon adoption.
Passed and adopted this 25th day of February, 2019.
City Commission of the /pity of
Sanford
Traci Houchin, CMC, FCRM, City Clerk Jeff Trip z
For use and reliance of the Sanford City 4
Commission only. Approved as to form and legality t
William L. Colbert, City Attorney
31Pace
EXHIBIT "A"
Parcel 1 - Ridgewood / SHS Athletic Field (FEE SIMPLE ESTATE):
All that tract or parcel of land lying in the Northeast quarter of Section 2,
Township 20 South, Range 30 East, and being a portion of tax parcel 10 as
described in Official Records Book 3688, Page 1294 of the Public Records
of Seminole County, Florida, and being more particularly described as
follows:
Commencing at the Northeast corner of the Northeast quarter of Section 2,
Township 20 South, Range 30 East; thence South 00°21'42" East along the
East line of the Northeast quarter of said Section 2, a distance of 2,063.38
feet to a point; thence South 89°56'46" West a distance of 1,391.43 feet to
the Southwest corner of tax parcel 47C as described in Official Records
Book 1201, Page 126 of said Public Records, a portion of the previous
course being coincident with the South line of said tax parcel 47C; thence
North 00°30'42" West along the West line of said tax parcel 47C, a distance
of 37.81 feet to the Point of Beginning; thence departing said West line,
South 89049'19" West a distance of 333.50 feet to a point on the West line
of said tax parcel 10; thence North 00°29'13" West along said West line a
distance of 226.06 feet to a 4" by 4" concrete monument (no identification
number) marking the Northwest cornerthereof; thence South 89°55'17" East
along the North line of said tax parcel 10, a distance of 319.34 feet to a 5"
round concrete monument (no identification number) marking the Northeast
corner thereof, said Northeast corner lying on the West line of tax parcel 58
as described in Official Records Book 3162, Page 113 of said Public
Records; thence South 00015'46" East, along the West line of said tax parcel
58, a distance of 111.55 feet to the Southwest corner thereof; thence South
88°46'24" East along the South line of tax parcel 58, a distance of 14.57 feet
to a 4" by 4" concrete monument (no identification number) marking the
Northwest corner of said tax parcel 47C; thence South 00030'42" East, along
said West line of tax parcel 47C, a distance of 112.72 feet to the Point of
Beginning.
Parcel 2 - Palm Terrace / Poinsetta (FEE SIMPLE ESTATE):
A portion of Blocks 6, 8 and 9 and a portion of the vacated rights-of-way of
Princeton Avenue and Yale Avenue, Palm Terrace, according to the plat
thereof, as recorded in Plat Book 4, Pages 82 and 83, of the Public Records
of Seminole County, Florida, and being more particularly described as
follows:
Begin at the Northwest corner of said Block 6 and run North 89°30'36" East,
along the South right-of-way line of Palm Drive, as shown on the said plat of
Page 1 of 3
EXHIBIT "B"
Palm Terrace, 627.10 feet to a point on the West fine of Lot 17 of said Block
9; thence run North 00°29'51" West, along the East right-of-way line of said
Yale Avenue, 40.14 feet to the Northwest corner of Lot 17; thence run North
89°23'47" East, along the North line of said Lot 17, 119.19 feet to the
Northeast corner of said Lot 17; thence run South 00°15'59" East, along the
East line of said Block 9, 178.30 feet; thence, leaving said East line, run
North 81 °27'25" West 329.42 feet; thence run South 00'00'44" West 259.97
feet; thence run South 89°31'45" West 417.93 feet to a point on the West
line of said Block 6; thence run North 00°2953" West, along said West line,
346.03 feet to the Point of Beginning.
Parcel 3 - SHS Athletic Field Easement (NON-EXCLUSIVE EASEMENT ESTATE :
Togetherwith the non-exclusive easement right(s) as created by that certain
Access Easement/Sanford to School Board recorded July 12, 2018 in Official
Records Book 9170, Page 1688, Public Records of Seminole County, Florida
Easement #1 - Mellonville/Celery (NON-EXCLUSIVE EASEMENT ESTATE:
That part of Section 30, Township 19 South, Range 31 East, Seminole
County, Florida, being a portion of Parcel 3 of lands described in Official
Records Book 1099, Page 234, of the Public Records of Seminole County,
Florida, and being more particularly described as follows:
Commencing at the Northwest corner of Section 32, Township 19 South,
Range 31 East, being a found nail and disk, stamped "FDOT LB 1221";
thence North 89°56'46" West, along the South line of the Southeast 1/4 of
Section 30, Township 19 South, Range 31 East, also being the centerline of
Celery Avenue (Old state Road 415), a distance of 1,835.11 feet to a point;
thence North 00°03'14" East a distance of 30.00 feet to the Southwest corner
of the West 50.00 feet of the East 164.00 feet of the South 628.00 feet of Lot
23, Pace Acres, as recorded in Plat Book 3, Page 21, of the Public Records
of Seminole County, Florida, said point being on the North right-of-way line
of Celery Avenue (Old State Road 415) per Official Records Book 1099,
Page 234, of the Public Records of Seminole County, Florida, and the Point
of Beginning; thence North 89°56'46" West, along said North right-of-way
line, a distance of 75.53 feet to a point; thence North 10°23'16" East a
distance of 118.23 feet to a point; thence North 13°53'52" East a distance of
91.74 feet to a point; thence North 00°02'58" West, along a line 32.00 feet
West of and parallel to the West line of lands described in Official Records
Book 7305, Page 1756, of the Public Records of Seminole County, Florida,
a distance of 213.18 feet to a point; thence South 89°53'14" East a distance
of 32.00 feet to a point on said West line; thence South 00°02'58" East,
Page 2 of 3
along said West line, a distance of 418.53 feet to the Point of Beginning.
Easement #f2 - Mellonville (NON-EXCLUSIVE EASEMENT ESTATE}:
That part of Section 30, Township 19 South, Range 31 East, Seminole
County, Florida, lying in a portion of Lot 24, Pace Acres, according to the plat
thereof, as recorded in Plat Book 3, Page 21, of the Public Records of
Seminole County, Florida, and being more particularly described as follows:
Commencing at the Northwest corner of Section 32, Township 19 South,
Range 31 East, Seminole County, Florida, being a found nail and disk,
stamped "FDOT LB 1221"; thence North 89°56'46" West, along the South
line of the Southeast 1/4 of Section 30, Township 19 South, Range 31 East,
also being the centerline of Celery Avenue (Old State Road 415), a distance
of 1,835.11 feet to a point; thence North 00°03'14" East a distance of 30.00
feet to the Southwest corner of the West 50.00 feet of the East 164.00 feet
of the South 628.00 feet of Lot 23, Pace Acres, as recorded in Plat Book 3,
Page 21, of the Public Records of Seminole County, Florida, said point being
on the North right-of-way of Celery Avenue (Old State Road 415), per Official
Records Book 1099, Page 234, of the Public Records of Seminole county,
Florida; thence North 89°56'46" West, along said North right-of-way line, a
distance of 497.48 feet to the Southeast corner of right-of-way taking
recorded in Official Records Book 2100, Page 829, of the Public Records of
Seminole County, Florida; thence the following three (3) courses along right-
of-way taking; thence North 00°03'14" East a distance of 15.00 feet to a
point; thence North 89°5646" West a distance of 140.31 feet to a point;
thence North 55°55'07" West a distance of 44.50 feet to a point on the East
right-of-way line of Mellonville Avenue, per Official Records Book 1099, Page
234, of the Public Records of Seminole County, Florida; thence North
04'04'10" East, along said East right-of-way line, a distance of 506.15 feet
to the Point of Beginning; thence, continue along said right-of-way line, North
04°04'10" East a distance of 50.01 feet to a point; thence, departing said
right-of-way line, South 86°48'10" East a distance of 285.40 feet to a point
on the West line of Hamilton Elementary School property; thence South
00'44'26" East, along said West line, a distance of 50.12 feet to a point;
thence, departing said West line, North 86°48'10" West a distance of 289.60
feet to the Point of Beginning.
Page 3 of 3
Prepared by and return to:
William L. Colbert, Esquire
Stenstrom, McIntosh, Colbert & Whigham, P.A.
1001 Heathrow Park Lane, Suite 4001
Lake Mary, Florida 32746
Parcel ID: 02-20-30-300-0100-0000
06-20-31-502-0600-0010
GRANT MALOY SEMINOLE COUNTY
CLERK OF CIRCUIT COURT & COMPTROLLER
CFN#2019021257 Sk:9305 Page: 1888-1890 (3 Pgs)
REC: 02/28/2019 1:23:38 PM by kmendez
RECORDING FEES $27.00
CITY OF SANFORD'S RELEASE OF RESERVED RIGHTS
THIS RELEASE OF RESERVED RIGHTS is issued by the City of Sanford, a
Florida municipal corporation (hereinafter referred to as the "City"), whose address is
300 North Park Avenue, Sanford, Florida 32771, relative to the release of an undivided
three-fourths (3/4) interest in and to all phosphates, minerals and metals, together with
an undivided one-half (1/2) interest in and to all petroleum, in, on or under the surface of
the insured land, with the privilege to mine and develop the said real property, as
reserved in Section 270.11 (1), Florida Statutes. The City, upon the petition of the
School Board of Seminole County, Florida, whose address is 400 East Lake Mary
Boulevard, Sanford, Florida 32773, the City does hereby release all of said reserved
interests, in perpetuity, in the real property described in Exhibit "A" attached hereto and
incorporated herein by this reference. A
Attest: CITY OF SANFORD, 1� Florida
municipal corporation J/ _
By:_6A0J By:
Traci Houchin, City Clerk J ett, May
-t;FO.R,b
Approved as to form and legality: -445
William L. Colbert, City Attorney IUD
QST Nil
Parcel 1 - Ridgewood / SHS Athletic Field (FEE SIMPLE ESTATE):
All that tract or parcel of land lying in the Northeast quarter of Section 2,
Township 20 South, Range 30 East, and being a portion of tax parcel 10 as
described in Official Records Book 3688, Page 1294 of the Public Records
of Seminole County, Florida, and being more particularly described as
follows:
Commencing at the Northeast corner of the Northeast quarter of Section 2,
Township 20 South, Range 30 East; thence South 00021'42" East along the
East line of the Northeast quarter of said Section 2, a distance of 2,063.38
feet to a point; thence South 8905646" West a distance of 1,391.43 feet to
the Southwest corner of tax parcel 47C as described in Official Records
Book 1201, Page 126 of said Public Records, a portion of the previous
course being coincident with the South line of said tax parcel 47C; thence
North 00030'42" West along the West line of said tax parcel 47C, a distance
of 37.81 feet to the Point of Beginning; thence departing said West line,
South 89049'19" West a distance of 333.50 feet to a point on the West line
of said tax parcel 10; thence North 00029'13" West along said West line a
distance of 226.06 feet to a 4" by 4" concrete monument (no identification
number) marking the Northwest cornerthereof; thence South 89055'17" East
along the North line of said tax parcel 10, a distance of 319.34 feet to a 5"
round concrete monument (no identification number) marking the Northeast
corner thereof, said Northeast corner lying on the West line of tax parcel 58
as described in Official Records Book 3162, Page 113 of said Public
Records; thence South 00015'46" East, along the West line of said tax parcel
58, a distance of 111.55 feet to the Southwest corner thereof; thence South
88046'24" East along the South line of tax parcel 58, a distance of 14.57 feet
to a 4" by 4" concrete monument (no identification number) marking the
Northwest corner of said tax parcel 47C; thence South 00030'42" East, along
said West line of tax parcel 47C, a distance of 112.72 feet to the Point of
Beginning.
Parcel 2 - Palm Terrace / Poinsetta (FEE SIMPLE ESTATE):
A portion of Blocks 6, 8 and 9 and a portion of the vacated rights-of-way of
Princeton Avenue and Yale Avenue, Palm Terrace, according to the plat
thereof, as recorded in Plat Book 4, Pages 82 and 83, of the Public Records
of Seminole County, Florida, and being more particularly described as
follows:
Begin at the Northwest corner of said Block 6 and run North 89°30'36" East,
along the South right-of-way line of Palm Drive, as shown on the said plat of
Palm Terrace, 627.10 feet to a point on the West line of Lot 17 of said Block
Page 1 of 2
EXHIBIT "A"
9- thence run North 00°29'51" West, along the East right-of-way line of said
Yale Avenue, 40.14 feet to the Northwest corner of Lot 17; thence run North
89*23'47" East, along the North line of said Lot 17, 119.19 feet to the
Northeast corner of said Lot 17; thence run South 00°15'59" East, along the
East line of said Block 9, 178.30 feet; thence, leaving said East line, run
North 81 *27'25" West 329.42 feet; thence run South 00*00'44" West 259.97
feet; thence run South 89'31'45" West 417.93 feet to a point on the West
line of said Block 6; thence run North 00*29'53" West, along said West line,
346.03 feet to the Point of Beginning.
Page 2 of 2
Prepared by and return to:
William L. Colbert, Esquire
Stenstrom, McIntosh, Colbert & Whigham, P.A.
1001 Heathrow Park Lane, Suite 4001
Lake Mary, Florida 32746
GRANT MALOY, SEMINOLE COUNTY
CLERK OF CIRCUIT COURT & COMPTROLLER
CFN# 2019021260 Bk:9305 Page:1905-1908 (4Pgs)
REC: 02/28/2019 1:23:41 PM by kmendez
RECORDING FEES $35.50
AMENDM ENT TO
RIGHT-OF-WAY USE LICENSE AND AGREEMENT
THIS AMENDMENT TO RIGHT-OF-WAY USE LICENSE AND AGREEMENT is
entered into this498ay of February, 2019 by and between the SCHOOL BOARD OF
SEM INOLE COUNTY, FLORIDA (hereinafter referred to as the "BOARD"), whose principal
address is 400 East Lake Mary Boulevard, Sanford, Florida 32773, and the CITY OF
SANFORD, FLORIDA, a Florida municipality, (hereinafter referred to as the "CITY") whose
mailing address is 300 North Park Avenue, Sanford, Florida 32772.
WITNESSETH:
WHEREAS, the BOARD and the CITY entered into that certain Right -of -Way Use
License and Agreement dated August 14, 2018 and recorded November 8, 2018 in Official
Records Book 9246, Page 49-53, Public Records of Seminole County, Florida (hereinafter
referred to as the "Agreement"); and
WHEREAS, the BOARD and the CITY desire to amend the Agreement by formal
written amendment as set forth herein.
NOW, THEREFORE, in consideration of the premises herein, the parties agree as
follows:
1. Recitals. The above recitals are true and correct and constitute a part of this
Agreement upon which the parties have relied.
2. Modification to Agreement. Notwithstanding any of the content of the
provisions of the Agreement to the contrary, the BOARD and the CITY hereby agree to the
following modifications to the provisions of the Agreement:
SECTION 4. TERMINATION.
The CITY reserves the right to unilaterally terminate this
Agreement at any time, as a result of any public exigency, as
determined by the CITY, by providing notice as prescribed
below. If the CITY should terminate the Agreement, the CITY
shall provide rights to the BOARD of similar size and utility on
CITY property if the contiguous parcel is still owned by the
CITY.
The BOARD agrees that upon receipt of notice of termination
of this Agreement that it will expeditiously remove the
installment/improvement and return the land to its previous
condition. All restoration must be completed within thirty (30)
days of receipt of the termination notice from the CITY.
3. Effect of Amendment. This Amendment shall take effect upon full execution
hereof by the BOARD and the CITY. Except as amended herein, all other terms and
conditions of the Agreement not inconsistent herewith shall remain in full force and effect.
4. Recordation. The agreements contained in this document shall be perpetual
and run with the land subject to the provisions hereof. This document shall be recorded
in the Official Records of Seminole County, Florida.
[INTENTIONALLY LEFT BLANK]
[SIGNATURE PAGES FOLLOW]
Amendment to
Right -of -Way Use License and Agreement
Page 2 of 4
IN WITNESS WHEREOF, the parties have made and executed this Agreement on
the date and year first above written.
Signed, Sealed and Delivered
in the Presence of Witnesses:
of Witness #1
V peeb,,kk.
Printed arfppt Witness W1
Signature of Witness #2
Printed Name of Witness #2
STATE OF FLORIDA )
COUNTY OF SEMINOLE }
SCHOOL BOARD OF SEMINOLE
COUNTY, FLORIDA
By:
Dr. Wait Griffin S p erin endent
Date: OiP z 11f
Approved as to form and legality:
Serita Beamon, Esquire
School Board Attorney
Date:
I HEREBY CERTIFY that on this day, before me, an officer duly authorized to
administer oaths and take acknowledgments, personally appeared Dr. Walt Griffin, as
Superintendent for the School Board of Seminole County, Florida, a political subdivision
of the State of Florida, known to me to be the person described in and who executed the
foregoing instrument and who acknowledged executing the same in the presence of two
subscribing witnesses freely and voluntarily under authority duly vested in him by the
School Board of Seminole County, Florida, a political subdivision of the State of Florida.
ITNESS my hand and official seal in the Cou d State last aforesaid this _
day of February, 2019.
(Affix Notary Seal)
Notary Public; State of Florida
Printed Name
�*� w °�
whNotary Public State of Florida
Aarton
�' ir
• - <
Margaret
My Commission FF 239182
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�'jf Of tory¢
Expires 071171
Amendment to
Right -of -Way Use License and Agreement
Page 3 of 4
201
Attest:
Traci Houchin, City Clerk
Date: Rh• lz r: . �;Clf Q
Approved as to form and legality:
William L. Colbert, City Attorney
Date: `-V-r-6 . �?, A!-�J-G
STATE OF FLORIDA )
COUNTY OF SEMINOLE )
CITY OF SANFORD, FLORIDA
By:
Jeff Triplett,
Date: �
�s Ts 11
I HEREBY CERTIFY that on this day, before me, an officer duly authorized to
administer oaths and take acknowledgments, personally appeared Jeff Triplett, as
Mayor of the City of Sanford, a Florida municipal corporation, known to me to be the
person described in and who executed the foregoing instrument and who acknowledged
executing the same in the presence of Traci Houchin, the City Clerk of the City of Sanford,
a Florida municipal corporation, freely and voluntarily under authority duly vested in him
by the City of Sanford, a Florida municipal corporation.
WITNESS my hand and official seal in the Count and State las foresaid this _
day of February, 2019.
(Affix Notary Seal)
N t Public; tate of Florida
ObAft.A6 06d" 1dft
NICOIEJ.OSB�RN 61,
Printed Name
grp'Notary Public -State of Florida
Commission; GG 152572
My Comm. Expires Nov 24,2421
BcrckdthrcughN�ticnaINCUryAssn.
Amendment to
Right -of -Way Use License and Agreement
Page 4 of 4