610 201 Sanford Ave - Access/Sidewalk EasementGRANT MALOY, SEMINOLE COUNTY
CLERK OF CIRCUIT COURT & COMPTROLLER
ow CFN#2020110008 l3k:9719 Page: 1825-1829 (513gs)
REC: 09130/2020 2:55:00 PM by hdevore
RECORDING FEES $44.00
Prepared by and return to:
Lonnie N. Groot, Esquire
Stenstrom, McIntosh, et al.
300 International Parkway 0
Suite 100
Lake Mary, Florida 32746
Telephone 407-322-2171
Tax Parcel Identification Number: 30-19-31-515-0400-0010
UTILITY/ACCESS EASEMENT AND SIDEWALK
EASEMENT GRANT TO CITY OF SANFORD
THIS UTILITY/ACCESS EASEMENT AND SIDEWALK EASEMENT (the
"Easement") is made the date set forth below, by and between by the CITY OF
SANFORD, a municipal corporation organized and existing under the laws of the State of
Florida, whose address is 300 North Park Avenue, Sanford, Florida 32771 (hereinafter
called the "City"), and SAN LEON SANFORD LLC, whose address is 400 Lakeview
Street, Orlando, Florida 32804 (hereinafter called "San Leon").
WITNESSETH:
FOR AND IN CONSIDERATION of the sum of TEN DOLLARS ($10.00), together
with other good and valuable consideration, in hand paid to San Leon by the City, the
receipt and sufficiency of which is hereby acknowledged, San Leon does hereby give,
grant, bargain, and sell unto the City, its successors and assigns, and permittees, a utility
easement to construct, install and maintain the City's utility facilities to include, but not be
limited to, the perpetual right to enter upon said easement area (as described below) at
any time that it may reasonably determine appropriate to construct, lay, reconstruct,
operate, maintain, modify or repair, or take any of those actions or any combination of
such actions, with regard to the City's utilities facilities, for the purpose of operating and
supplying utility services as part of the City's or permittee's utility systems, said easement
area being over, through and under that certain parcel or tract of real estate situated in
the County of Seminole, State of Florida, more particularly described as follows:
See Exhibit "B" (legal description and sketch of description) which is
incorporated herein by this reference thereto (the "Easement Area").
OVER THE SAME AREA, San Leon grants an easement to the City for its
purposes of using the said property for sidewalk and public access and to provide the City
with right-of-way to include all rights including, but not limited to, the perpetual right to
enter upon the described real property at any time that it may reasonably determine
appropriate to construct, lay, reconstruct, operate, maintain, modify and/or repair a
sidewalk and all appurtenances thereto for the purpose of operating and supplying
pedestrian traffic over, through and under the said real property.
SUBJECT TO THE TERMS AND CONDITIONS HEREIN, the City and its assigns
and permittees shall have the right to excavate, patrol, alter, improve, permit, repair,
I I P a g e
construct, maintain, or remove the City's utility lines, structures and facilities and the
sidewalk including, without limitation, the rights and privileges reasonably necessary or
convenient to reasonably use the areas set forth herein, and the further right to trim, cut,
remove any obstructions materially interfering with the rights of the City, except those
contemplated by this Easement. Subject to the terms and conditions provided herein, San
Leon further grants to the City the reasonable right to enter upon adjoining lands of San
Leon for the purpose of exercising the rights herein granted. San Leon agrees not to build,
construct, or create or permit others to build, construct, or create any buildings or other
permanent structures in said easement area that may materially interfere with the rights
granted to the City herein, except for the Balcony Improvements (herein defined).
NOTWITHSTANDING ANYTHING HEREIN TO THE CONTRARY, San Leon shall
have the right to use the Easement Area as a fee simple owner in any manner that is
consistent with the rights granted to the City, and specifically, without limitation, San Leon
shall have the right to place balconies above the Easement Area and, within the
Easement Area, any footers and columns and related improvements to support balconies
overhanging the Easement Area as part of the development on San Leon's property, in
accordance with plans and permits reasonably approved by the City (the "Balcony
Improvements"). The City shall use best efforts to avoid (or, if impracticable to avoid,
minimize) any damage to the Balcony Improvements or San Leon's adjacent building and
development (including the structural integrity thereof) in connection with exercising its
rights under this Easement. In connection with any rights to be exercised by the City in
the Easement Area as permitted by this Easement, any physical damage to the surface
of the Easement Area, the Balcony Improvements or San Leon's adjoining property
caused by the City or its contractors shall be repaired to a condition reasonably close to
the previous condition at City's sole cost and expense. Except for maintenance of any
utilities installed pursuant to this Easement and any maintenance or repair resulting from
the exercise of the City's rights as provided herein, San Leon shall assume all
maintenance of the Easement Area as well as liability thereof, except for public liability
which may arise under controlling State law (Section 768.28, Florida Statutes) with regard
to the public uses therein and liability resulting from the City's failure to use the Easement
Area or act in accordance with the terms and conditions of this Easement.
SAN LEON does hereby covenant with the City that it is lawfully seized and
possessed of the real estate herein described, that it has good and lawful right to convey
the easements granted herein and that any and all joinders necessary for San Leon to
take the action herein taken have been obtained and that the rights of the City are not
subject to being foreclosed.
_21Page
IN WITNESS WHEREOF, San Leon has hereunto set its hand and seal, the days
and years below written.
ATTEST.
AA
SignaWiffis'-ff esi
PrinteM' me: Jen Barr
ig nat6re, GMfn6ss #'2
Printed Name: William Lindeman
STATE OF FLORIDA
COUNTY OF ORANGE
SAN LEON SANFORP-1- C,
a FIf' limited 1i c
pant'
Mfiiel R. Mafthew§, Manager
Dated:, September 15, 2020
ACKNOWLEDGEMENT
I HEREBY CERTIFY that on this day, before me, an officer duly authorized to
administer oaths and take acknowledgments, personally appeared, by means
of rx-1 physical presence or El online notarization, Daniel R. Matthews and he
acknowledged executing the same in the presence of two subscribing witnesses freely
and voluntarily and he is personally known to me or provided a Florida driver's license as
identification.
WITNESS my hand and official seal in the County and State last aforesaid this
15th day of September 2020.
(Affix Notary Seal)
Notary
PoW 10 Audrey
Notary
State Commission n G 165451
s on Gres
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My Commission Ep 10, 2021
Dec , beer
ic, State�of Florida
31 Page
�I
AMqhAnt W P
Traci Houchin, MMC, FCRM
City Clerk
Approved as to form and legality for
Use and reliance by the City of Sanford
By:
William L. Colbert
City Attorney
41 Page
THIS IS NOT A SURVEY
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EAST 2ND S-rRee-`
60' RIGHT OF -WAY AS LAID OUT
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ROADWAY
LOT 2
BLOCK 4
(VACANT)
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GRAPHIC SCALE
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LEGAL DESCRIPTION OF UTILITY/ACCESS EASEMENT &. SIDEWALK EASEMENT
BEING AN EASEMENT ACROSS THE WEST 6.90 FEET OF LOT 1, BLOCK 4, CHAPMAN AND TUCKER ADDITION
TO SANFORD, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 3, PAGE 55, OF THE
PUBLIC RECORDS OF SEMINOLE COUNTY, FLORIDA, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT, SAID POINT IS THE NORTHWEST CORNER OF SAID LOT 1, ALSO BEING ON THE
SOUTHERLY RIGHT OF WAY LINE OF EAST 2ND STREET AND ON THE EASTERLY RIGHT OF WAY LINE OF
SANFORD AVENUE; THENCE DEPARTING SANFORD AVENUE AND RUNNING WITH THE SOUTHERLY LINE
OF EAST 2ND STREET, S84°30'59"E, A DISTANCE OF 6.96 FEET; THENCE DEPARTING EAST 2ND STREET AND
RUNNING S00°00'00"W, BEING A LINE PARALLEL TO SANFORD AVENUE AND 6.90 FEET THEREFROM, FOR
A DISTANCE OF 89.59 FEET TO A POINT ON THE SOUTH LINE OF SAID LOT 1; THENCE RUNNING
N90°00'00"W, A DISTANCE OF 6.9 FEET TO THE EASTERLY LINE OF SANFORD AVENUE; THENCE WITH
SAME, N00°00'00"W, A DISTANCE OF 90.00' TO THE POINT OF THE BEGINNING.
CONTAINS 621.25 SQ FT or 0.01 ACRES +/-.
FOR ALL INQUIRIES CONTACT:
Deal Land Surveying, LLC
604 S French Avenue
Sanford, FL 32771
407-876.3796
I N FO@dea l la nds u rveying.com
SURVEYOR'S CERTIFICATE
I HEREBY CERTIFY THAT THIS LEGAL DESCRIPRION AND SKETCH WAS MADE UNDER
MY RESPONSIBLE CHARGE AND TO THE BEST OF MY KNOWLEDGE AND BELIEF SAID
SURVEY MEETS THE MINIMUM TECHNICAL STANDARDS SET FORTH BY THE FLORIDA
BOARD OF PROFESSIONAL LAND SURVEYORS IN CHAPTER SJ -I7 FLORIDA
ADMINISTRATIVE CODE. FURTHER, THIS DOCUMENT IS ELECTRONICALLY SIGNED AND
SEALED PURSUANT TO SECTION 472.027 OF THE FLORIDA STATUTES AND CHAPTER
6J-17 OF THE FLORIDA ADMINISTRATIVE CODE.
DATE SIGNED: 09/01/20
SURVEYOR'S NAME: BILL H. HYATT LS4636
DEAL LAND SURVEYING, LLC LB 8121