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310-Indian Mound Water Assoc ASSIGNMENT OF DISTRIBUTION IN CONSIDERATION Of the sum of One Dollar ($1.00) and other good and valuable consideration, the receipt of which is hereby acknowledged, INDIAN MOUND WATER ASSOCIATION, INC., a Florida corporation, by these presents hereby assigns to the CITY OF SANFORD, FLORIDA, a municipal corporation organised and existing under the laws of the State of Florida, all of its right, title, and interest in and to that clearance for water distribution from the Florida State Board of Health bearing Serial No. 9574 dated December 28, 1967 and attached hereto as Exhibit A. IN WITNESS WHEREOF, INDIAN MOUND WATER ASSOCIATION, INC., by and through its authorized officers, has executed this Assignment of Distribution this 2nd day of January , A.D. 1988. INDIAN MOUND WATER ASSOCIATION, INC. By: ~ ~ - ALLEN HOOPS ~ ~ ~resident Attest: NN Secretary STATE OF FLORIDA ) COUNTY OF SEMINOLE ) The foregoing instrument was acknowledged before me this 2nd day of January , A.D. 1988 by ALLEN HOOPS and KENNETH W. McINTOSE, President and Secretary respectively of INDIAN MOUND WATER ASSOCIATION, INC., a Florida corporation, for and on behalf of said corporation. Notary Pab~, 8tare of Florida My Commission Expires: 5.23.91 This instrument prepared by: KENNETH W. McINTOSH, ESQ. Post Office Box 1330 SANFORD, FL 32772-1330 JACKSONVILLE. 32201 BUREAU OF SANITARY ENGINEERING DIVISION Seminole County ~ Dm~CTO. S~O~d /6~ DIVISION 0F iNDUSTRIAL WAST~ (Indian Moumd Water Association) Indian Mound Water Association, inc. Post Office Box 1330 Sanford, Florida Gentlemen: Reference is made to engineering plans and specifications covering construction of water distribution facilities to serve Sanford (Indian Mound Water Association)~ plans for which were submitted by A. E. O'Neall Associates~ Inc., and approved by this agency under Serial No. 9574~ dated December 28~ 1967. We have received word from the engineers certifying that these facilities have been constructed in accordance with approved plans and specifications. We have also received word from Mr. Gordon W- Folke~ Regional Sanitary Engineer> indicating that these facilities have been cleared from a bacteriological standpoint. In view of the foregoing~ we are clearing for placing in service the water distribution facilities to serve Sanford (Indian Mound Water Association). By copy of this letter to interested agencies, we are so informing them of this action. Thank you for your cooperation. Yours very~/ JBM/GMD:mh cc: Seminole CHD cc: Mr. Gordon W. Folke cc: A- E. O'Neall Associates~Inc. cc: FHATampa cc: VA Jacksonville KXHIBIT A ASSIGMT OF PRIVATE EASEMENTS IN CONSIDERATION Of the sum of One Dollar ($1.00) and other good and valuable consideration, the receipt of which is hereby acknowledged, INDIAN MOUND WATER ASSOCIATION, INC., a Florida corporation, by these presents hereby assigns to the CITY OF SANFORD, FLORIDA, a municipal corporation organized and existing under the laws of the State of Florida, all of its right, title, interest, in and to that Easement dated November 17, 1967 and recorded November 17, 1967 in Official Records Book 638, Pages 459, 460, and 461, Public Records of Seminole County, Florida, and that Easement and Conveyance dated June 11, 1973 and recorded August 7, 1973 in Official Records Book 990, Pages 490, 491, and 492, Public Records of Seminole County, Florida, which said Easements are attached hereto as Exhibits A and B respectively. IN WITNESS WHEREOF, INDIAN MOUND WATER ASSOCIATION, INC., by and through its authorized officers, has executed this Assignment of Private Easements this 2nd day of January , A.D. 1988. ._. INDIAN MOUND WATER ASSOCIATION, INC. , (: By: ~ , - ALLEN HOOPS, esident Atte t: ~ Secretary STATE OF FLORIDA ) COUNTY OF SEMINOLE ) The foregoing instrument was acknowledged before me this 2nd day of J~n~y , A.D. 1988 by ALLEN HOOPS and KENNETH W. MCtNTOSH, President and Secretary respectively of INDIAN MOUND WATER ASSOCIATION, INC., a Florida corporation, for and on behalf of said corporation. / Notary Public, State of Florida My Commission Expires: 5.23.91 This instrument prepared by: KENNETH W. McINTOSH, ESQ. Post Office Box 1330 SANFORD, FL 32772-1330 THIS AGREEMENT, Entered into this 17~h day of November , A.D. 1967, by and between EDMUND Bo STOW'E, a widower; JOHN C. RUSSELL and CATHERINE F. RUSSELL, his wife; KENNETH W. MclNTOSH and MARY B. MclNTOSH, his wife; DOUGLAS W. KICKLITER and EVELYN S. KICKLITER, his wife; ROBERT M. ROSEMOND and SALLY H. ROSEMOND, his wife; and JOHN GULESIAN, JR., and ALICE GULESIAN, his wife, herein described as Grantors, and INDIAN MOUND WATER ASSOCIATION, INC., a Florida corporation not for profit, herein described as Grantee; WITNESSETH: That for and in consideration of the sum of TEN DOLLARS ($10.00), cash in hand paid, the receipt of which is hereby acknowledged, the Grantors have this day bargained and sold, and by these presents do bargain, sell, convey, transfer, and deliver unto the Grantee a permanent easement and right of way, including the perpetual right to enter upon the real estate hereinafter described, at any time that it may see fit, and construct, lay, maintain, and repair underground pipelines and/ or mains for the purpose of conveying water over, across, through, and under the lands hereinafter described, together with the right to excavate, repave, and refill ditches and/or trenches for the location of said pipelines and/or mains, and the further right to remove trees, bushes, undergrowth, and other obstruc- tions interfering with the location, construction, and mainte- nance of said pipelines and/or mains. The land affected-by the grant 0fthis Easement and right of way is located..in the County of Seminole, and State of Florida, and is descr~'~d as follows: . PropertyI located in Section 28, Township 19 South, Range 31 East, Seminole County, Florida. The easement and right of way hereby granted covers a strip of land 15 feet in width over and across the above- described land, particularly described by metes and bounds as follows: A 7 5 foot strip of land on each side of the following described center line, to-wit: Beginning at a point 1135 feet North and 1042.9 feet West of the South- east corner of aforesaid Section 28, run North 38© 02' West 380.78 feet, thence North 1° 38' East 100.5 feet to a point ~- 1277.2 feet West and 1535 feet North of the Southeast corner of said Section 28, .~ thence run North 2° 12' West 78.75 feet, '~ thence run North 14° 35' West 42.72 ,r feet, thence North 21° 48' West 67.14 feet, thence North 18° 47' West 62.5 ~ feet to a point within the present ease- :; ment right of way serving the grantors- · .z Gulesian. EXHIBIt' i~. TO HAVE AND TO HOLD said easement and right of way unto the Grantee, and unto its successors and assigns forever. Grantors do hereby covenant with Grantee that they are lawfully seized and possessed of the real estate above described, that they have a good and lawful right to convey it, or any part thereof, that it is free from all encumbrances, and that they will forever warrant and defend the title thereto against the lawful c%aims of all persons whomsoever. As a part of the consideration for this grant, the Grantors do hereby release any and all claims for damages from whatsoever cause incidental to the exercise of the rights herein granted, except damages to growing plants and crops. IN WITNESS WHEREOF, the Grantors have hereunto set their hands and seals to this Easement the day and year first above written. ,HW M · .)L S D W. ITER E L s: s.) )BERT M. ROS Y ~ (L.S.) Witnesses: , ' , GA~ER~E F. RUSSELL -2- STATE OF FLORIDA ) COUNTY OF SEMINOLE ) I HEREBY CERTIFY, That before me, the undersigned authority, personally appeared EDMUND B. STOW'E, a widower, KENNETB W. MclNTOSH and MARY B. MclNTOSH, his wife, DOUGLAS W. KICKLITER and EVELYN S. KICKLITER, his wife, ROBERT M. ROSEMOND!and SALLY H. ROSEMOND, his wife, and JOHN GULESIAN, JR., and ALICE GULESIAN, his wife, to me well known and known to me to be the individuals described in the foregoing Easement, and they acknowledged before me that they executed the said .~<.I S ment for the uses and purposes therein expressed. ,, ~ Eae ·,- '. .~ WITNESS my hand and officia seal at Sanford, Seminole · :-' · C un~ Florida, this day of , AoD. 1967 pi ~ < mmission Ex res: < STATE OF FLORIDA ) = COUNTY OF ~ ) ~ SEMINOLE I HEREBY CERTIFY, That before me, the undersigned authority, personally appeared JOHN C. RUSSELL and CATHERINE F. RUSSELL, his wife, to me well known and known to me to be the individuals described in the foregoing Easement, and they acknowledged before me that they executed the said Easement for the uses and purposes therein expressed. .... z.. WITNESS my hand and official seal at "~' ~ COunt this day of November A.D. 1967. .~'~ ~.~.I ~ Florida 17th :: <~ My 'C~rhmission Expires: .I,...~ "~-~ No te of Florida -3- ',,'f. Attorney at Law P. O. Box 1330 SANFORD, FLORIDA 32771 ELORIDA EASEMENT AND CONVEYANCE THIS INDENTURE, made this fl '~ day of , ~ "~ , 1973, by and between JOHN GULESIAN, JR. and ALICE GULESIAN, his wife, LELAND A. BROWN and DOSHIA S. BROWN, his wife, EDWARD JAMES BRENNAN and MARTHA HORNSBY BRENNAN, his wife, and JOHN G. LEGG, JR. and JANICE A. LEGG, his wife, parties of the first part, hereinafter called Grantors, and INDIAN MOUND WATER ASSOCIATION, INC., a corporation, party of the second part, hereinafter called Grantee, WITNESSETH: WHEREAS, Grantee proposes to serve the properties owned by Grantors with water from its central distribution system, and in aid thereof requires a conveyance of the existing or contemplated water line within said property and an' easement to support the same, NOW, THEREFORE, for and in consideration of the sum of One Dollar, this day paid by Grantee to Grantors, receipt of which is hereby acknowledged, together with other good and valuable consideration, Grantors by these presents, do grant bargain and sell unto Grantee, its successors and assigns, a non-exclusive easement for the purpOSes of location, re-location, and maintenance of a water distribution line in, on, under and upon the following described easement lying and being in Seminole County, Florida, to-wit: An Easement lying 7-1/2 feet on either side of the following described center line: Begin at a point 1277.21 feet West and 1,535.0 feet North of the Southeast Corner of ~ction 28, Town- ship 19 South, Range 31 East, thence run North 27 12' West 78. 737 feet, thence run North 14° 35' West 40.29~ feet, thence run North 21~ 48' West 69.921 feet, thence run Nor. th 18© 47' West 62. 323 feet, thence run North 8~ 37' 55" West 143. 126 feet, thence run North 3° 12' 57" West 266. 137 feet to the terminus of easement. In addition to the aforesaid, Grantors by these presents do grant, bargain and sell unto Grantee its successors and assi~s, all right, title and interest in and to the water line l~ated or to be located on the above described easement. The condition of this easement and conveyance is such that it will remain in full force and virtue as long as Grantee, its successors or assigns, continue to serve the property owned by Grantors with water, otherwise the same to become null and void. IN WITNESS WHEREOF, Grantors have hereunto set their hands and seals on the day and year first above written. Witness: /' ' ' ' E~ a s renna~ ~-~AL) STATE OF FLORIDA ) COUNTY OF SEMINOLE ) I HEREBY CERTiFY that on this day before me, an officer duly qualified to take ackno~v ledgments, personally appeared JOHN GULESIAN, JR. and ALICE GULESIAN, his wife, to me known to be the;persons des- cribed in and who executed the foregoing instrument, and acknowledged before me the executicn of same. WITNESS my hand and official seal at Sanford, said County and State, this/,~:: day of ~ , A.D. 1973. ~ ./.. ...'~ f ',, > "-. .......'~ ,S -2- ,> ~? -., ~ ' ",,,;; p~ c~.',.~ ,,,," STATE OF FLORIDA ) COUNTY OF SEMINOLE ) I HEREBY CERTIFY that on this day before me, personally appeared LELAND A. BROWN and DOSHIA S. BROWN, his wife, to me known to be the ~,rsons described in and who executed the foregoing instrument, and they ~F~a~knewledged before me the execution of same. STATE OF NORTH CAROLINA ) COUNTY OFMECKLENBURG ) I HEREBY CERTIFY that on this day before me, an officer duly qualified to take acknowledgments, personally appeared EDWARD JAMES BRENNAN and MARTHA HORNSBY BRENNAN, his wife, to me known to be the persons described in and who executed the foregoing instrument, and acknowledged before me the execution of same. WITNESS my hand ' ial seal at Charlotte, said G-8~n~5~.'an~. State, thi~~ , A.D. 1973. Notary P My ,~0~B~isiien. expires: ;'~"'> Cemmig:i;n 7.xpires Ju.e ,: <, 1971 '%>~" .' ," ;"" ,O ."' .........'. ( 5% ': ,~ ,, X,.%"... ~ ~I.~BY GERTIFY that on ~is day ~fore me, an officer duly ~,~U~ji~ie "~ ~ke ae~owledgmenm, personally apmared JOHN G. LEGG, ~B., g~.~ICE A. LEGG, his wife, to me ~own to be the persons des- crii'~"in and who executed the foregoing instrument, and acknowledged ~fore me the execution of same. WI~ESS my hand and official seal at Essex, said County and Nora My commission expires: ' ...... ::,'. :V CC ....... ~ .;,.,., ;,,..&;:; Ui, -3- RIGHT-OF-WAY CERTIFICATE The undersigned, ALLEN HOOPS, President of INDIAN MOUND WATER ASSOCIATION, INC., a Florida corporation, hereby certifies the following: 1. That the Corporation has acquired and presently holds adequate and sufficient rights-of-way on all public and private lands needed for the construction, operation, and maintenance of the facilities installed with the proceeds of a Soil and Water Conservation loan advanced by Farmers Home Administration, and that there are no omissions, defects, or restrictions that will in any substantial way or manner endanger the value or the operation of the facilities. 2. That the Corporation has acquired the necessary permits, franchises, and authorizations or other instruments, by whatsoever name designated~ from public utilities and public bodies, commissions, or agencies authorizing the construction, operation, and maintenance of the facilities upon, along, or across streets, roads, highways, and public utilities. 3. That the attached "Facilities Map" shows the location and description of all land and rights-of-way acquired by right of use~ by legal conveyances such as right-of-way or easement deeds, permits, or other instruments, or adverse possession if applicable. 4. Exceptions: None, to the best of'my knowledge. IN WITNESS WHEREOF, the Corporation has hereunto set its hand and seal this 2nd day of January, A.D. 1988. INDIAN MOUND WATER ASSOCIATION, INC. z! -_ -(CORPORATE ~ u 7~ :SEAL) By: ::~i -~ ALLEN HOOPS, President .. Attest: This instrument prepared by: KENNETH W. MCINTOSH, ESQ. Post Office Box 1330 SANFORD, FL 32772-1330 OPINION OF COUNSEL RELATIVE TO RIGHTS-OF-WAY The Honorable Bettye Smith Mayor of Sanford Post Office Box 1778 Sanford, Florida 32772-1778 Dear Mayor Smith: Re: INDIAN MO~NDWkr~EASSOCIATION, INC. I have reviewed the action taken by INDIAN MOUND WATER ASSOCIATION, INC., herein called the Corporation, in obtaining a right-of-way for construction, operation, and maintenance of the facilities installed, repaired, or enlarged with the proceeds of a loan advanced by the Farmers Home Administration to the Corporation. I have examined the right-of-way instruments, permits, or licenses obtained from landowners, public bodies, and public utilities and made such searches of the Public Records necessary to determine the legal sufficiency of the instruments covered by the Right-of-Way Certificate executed by the Corporation on January 2 , 1988. I have also examined the "Facilities Map" to determine whether continuous and sufficient land and rights-of-way are owned or have been acquired by the instruments covered in the Right-of-way Certificate. Based on the foregoing examination, and to the best of my knowledge, information, and belief, I am of the opinion that: 1. The legal instruments by which the Corporation has acquired said rights-of-way are: (a) in appropriate and due legal form and adequately confer upon the Corporation the necessary rights-of-way for the construction, operation, and maintenance of its facilities in their present location, and such omissions or defects as may exist will in no substantial way or manner endanger the value or operation of the facilities and (b) have been properly recorded in the Public Records of Seminole County in which the land affected thereby is situated. 2. The rights-of-way shown in the easements on the "Facilities Map" were acquired under the following instruments: Powhatan Easement dated November 17, 1967 and recorded November 17, 1967 in Official Records Book 638, Pages 459, 460, and 461, Public Records of Seminole County, Florida. Gulesian Easement and Conveyance dated June 11, 1973 and recorded August 7, 1973 in Official Records Book 990, Pages 490, 491, and 492, Public Records of Seminole County, Florida. 3. The legal instruments mentioned above and rights-of-way acquired under the abovementioned Easements give unto the Corporation a sufficient, adequate, and continous right-of-way to permit the construction, operation, and maintenance of the Corporation facilities. 4. Exceptions: None, to the best of my knowledge. Sincerely, STENSTROM, MCINTOSH, JULIAN, COLBERT, WEIGHAM & SIMMONS, P.A. INDIAN MOUND WATER ASSOCIATION, INC. Knmu ttll tttm bU These 7pr smts, ,hst IHDIAN MO..D WATHR ASSOCIATION, INC., a Florida corporation, of the city of Sanford , is the Cousty of Seminole and State of Florida, party of the first pad, for and in consideration of the sum of Dollars lawful money of the United States, to it paid by the CITY OF SANFORD, FLORIDA, a ~ municipal corporation of the State of Florida, party of the second part, the receipt whereof is hereby acknowledged, ha s granted, bargained, sold, transferred and delivered, and by these presents do es grant, bargain, sell, transfer and deliver unto the said party of the second part, its successors ~mx~M~l~M4~ri and assigns, the following goods and chattels: The complete water system, all services to 53 parcels and 7 standby connections, and all associated lines, fixtures, meters, 18 connected fire hydrants and appliances germane to said system situate in Seminole County, Florida, including, but riot limited to, those specific items of personal property described on the attached Composite Exhibit A. Te ttaut and te tteld /he same unto the said part y of the second part, its successors ~~ and assigns forever. AND / do es , for ~se~ and ~ts s~eeesso~s a~ ~~ covenant to and with the said part y of the second part, ~S s~eeesso~s ~iBx i~and assigns, that ~ ~s the lawful owner of the said goods and chattels; that they are free from aft encumbrances; that ~ ha s good right to sal the same aforesaid, and that ~t will warrant and defend the sale of the said property, goods and chattels hereby made, unto the said part~ of the second part, ~s s~eeesso~s ai~and assigns against the lawful claims and demands of all persons whomsoever. tn tithess hereunto set ~s hand and seal this ~ day of ~en~e~y , one thousand n~ne hundred and Signed, spel d and delivered in presence of us: ,~ ' HOOPS, Presi~ .......................................................................................................................................... (SEAD ~ ~f SEMINOLE ~ ~r~ ~fZ ~ha~ o. ~h~s day ~so.afiy a~ea~ea 5e{ore me, a. off~ce~ aam~n~s~er oaths an8 ~ake ac~.owSeagemen~s, ALLEN HOOPS, President of INDIAN MOUND WATER ASSOCIATION, ~ INC., a Florida corporation, ~o me weS~ k. Ow. [o be ~he ~e~son aesc~5ea ~. a.8 who execu~ea ~he [o~ego].9 8]fi o[ $aSe, a.8 he ack.owSea~e8 5e[ore me ~ha~ heexecu[ea ~he same [~ee~y a.a voSu.[a~]Sy [or [he ~ur~ose ~here]n expressed. ~i~ my hand and official sea] at Sanford Cou~ly of Seminole a,d State of Florida , th~s 2nd day of January A.D. 1988. Flor My commjssjo~ expjres: Notary PubJjc, State of ida o/u o/u O['IgI g9'gL SI'~L gI'[t O0'~OI 00'~0i 00'88 00'~) s6IdD ~u~mO 0E'~0I 0I'ES SI08)0-9EE 0E'SEI 59'L9 SI0690-9EZ O0'E~I gZ'E. s~a~aN pas~ 6E'eE 6E'BE d~eIO ~ed~ .8 Eg'~ 0~'6 0A'6 dolS 0g'II 0g'II dolS 56'0I g6'0l loo~ 00'9S 00'gg loo~ 5uT=eT~ PTBPTH 00'IS 00'l~ ~uo~ - 00'~9 00'EE BUildnoD 00'gE~ 0~'tI ~SOD ~ &IN~ 'uo~le~ooss~ ~o~M punoN OnUOA~ p=o~u~S NOI&~I~S~ ~&~M aNtiON ~l~NI MAIL * ' /'~ IN ACCOUNT WITH ~'~ THE CITY OF SANFOR.D ACCOUNtED FOR SANFORD, FLORIDA 32771 PHONE: 305/3'. __ ....... April 6 19 87 / Mlndian Mound Water Users Assoc, i · 1800 N. CiEfieron Avenue Sanford, F1, 32771 ,.L.{~ N .1..'~,-,I / / J ~TEM A~OUNT . ~-,-T~TA~- COD~ 81 used meters @ $2.25 ec!ch ar,~z-~,~...~_.~.. ~ Q $ 1[;2.25"'\ ""F" , AUTHORIZED: CITY OF SANFORD S~F, NSTI~OM, McINTOSH,/UL~AN', COLBERT, ~G~ & S~ON~, P.~ A~ORN~S AND COUNSELLORS AT ~W c~m. o. s,..o.s March 31, 1988 o.~.~ ~o., ~s,,~ Mr. Kevin Chandler General Electric Credit Corporation Post Office Box 420250 Houston, Texas 77242 Dear Mr. Chandler: Re:Sale of Indian Mound Water Association, Inc., to the City of Sanford, Florida In connection with the above transaction, we enclose for your consideration the following documents: I Assumption Application of-Transferor including copies a. Contract letter of October 27, 1987. b. Financial Reports for fiscal years 1985-86, 1986-87, and July 1, 1987 through December 31, 1987. c. Bill of Sale. d. Right-of-way Certificate. e. Opinion of Counsel Relative to Rights-of-way. f. Assignment of Private Easements. g. Assignment of Distribution. h. Letter of Understanding dated January 18, 1988. Mr. Kevin Chandler Page 2 March 31, 1988 II Assumption Application of Transferee including copies of: a. Minutes of Meeting of December 14, 1987. b. Financial Statements for fiscal years ending September 30, 1986 and 1987. c. Budget for 1987-88. If further documentation is required, please call us. Sincerely, STENSTROM, MCINTOSE, JULIAN, COLBERT, WHIGHAM & SIMMONS, P.A. EWMC:lmb Enclosures C#P 807 308 409-ERR cc: William L. Colbert, Esquire