887-Hughy Street Realignment nmmallm namallalnmnll llmellllllnnl
MARYANNE MORSE, CLERK OF CIRCUIT CDURT
SEMINDLE CDUNTY
BK 04146 PG 0725
CLERK'S # 2001733881
Preparedbye. ~ .... RECORDED 08/13/P001 08:55:36 AN
Alton L. Lightsey, Esq. RECORDING FEES 73.50
Lightsey & Associates, P.A. RECORDED BY M Nolden
~rlando, FL 32804-8002
HUGHY STREET REALIGNMENT AGREEMENT
THIS AGREEMENT ("Agreement") is made and entered into this 3 fi'/'day of
July, 2001, by and among TOM BALL ("Ball"), BLIND MICE, LLC, a Florida limited
liability company ("Blind Mice"), and THE CITY OF SANFORD, FLORIDA ("City"). '-~
RECITALS: .'9.
A. Ball and Blind Mice are each the fee simple title owners of certain real
property located in the City, and lying adjacent to the currently existing right-of-way of
Hughy Street in the general vicinity of the intersection of Hughy Street a~d Rinehart
Road. The "Ball Property" is legally described on Exhibit "A" attached hereto, and the
"Blind Mice Property" is legally described on Exhibit "B" attached hereto.
B. The City wishes to realign Hughy Street at its intersection with Rinehart
Road. The purpose of the realignment in part, is to provide a realigned Hughy Street to
service a new school being built by Seminole County Public Schools.
C. In order to assist the City with the realignment of Hughy Street, Ball and
Blind Mice have each agreed to contribute and convey to the City certain portions of their
respective properties more particularly described herein for right-of-way for a realigned
Hughy Street, and have further agreed to grant easements for drainage over other portions
of their respective properties as more particularly described herein. In return for agreeing
to convey the respective portions of their property for the realignment of Hughy Street,
and grant the drainage easements, the City has agreed to provide certain assurances to
Ball and Blind Mice with respect to access points to and from their remaining property
onto the realigned Hughy Street, all of which adhere to good and sound engineering
practices and protect the public safety.
FILE NUM 2001733881
OR BOOK 04146 PAGE 0726
AGREEMENT
NOW, THEREFORE, in consideration of the mutual covenants set forth herein,
and other good and valuable considerations, the receipt and sufficiency of which are
hereby acknowledged, Ball, Blind Mice and the City hereby agree as follows:
1. The forgoing recitals are true and correct, forms a material part of this
Agreement upon which the parties have relied, and are hereby incorporated into this
Agreement by reference.
2. Bail shall convey to the City a portion of the Ball Property legally
described on Exhibit "C" attached hereto (the "Ball Right-of-Way Property"). Blind
Mice shall convey to the City a portion of the Blind Mice Property legally described on
Exhibit "D' attached hereto (the "Blind Mice Right-of-Way Property"). The Ball Right-
of-Way Property and Blind Mice Right-of-Way Property shall each be conveyed to the
City by statutory warranty deed, in a form approved by the City. The Ball Right-of-Way
Property and Blind Mice Right-of-Way Property shall be conveyed to the City free and
clear of all liens and mortgages, but subject to any other matters of record.
3. Ball shall grant to the City an easement for drainage purposes over a
portion of the Ball Property legaily described on Exhibit "E" attached hereto (the "Ball
Easement Property"). Blind Mice shall grant a drainage easement to the City over a
portion of the Blind Mice Property legally described on Exhibit "F' (the "Blind Mice
Easement Property"). The easements over the Ball Easement Property and Blind Mice
Easement Property shall be exclusive, and on a form approved by the City, and such
easements shall be granted with the consent and subordination of the holders of any liens
and mortgages, and shall be subject to any other matters of record.
4. The City agrees that it shall approve and permit one full access point (i.e.,
right in/right out; left in/left out) for vehicular ingress and egress into each of the Ball
Property and Blind Mice Property from the portion of the realigned Hughy Street
bisecting the Ball and McPherson Properties, and running on a curve from the existing
Hughy Street right-of-way to Rinehart Road. The specific location and dimensions of
these access points shall be subject to further agreement between Ball, Blind Mice and
the City, but shall, at a minimum, provide two way, full access to each of the properties.
Such access points on the realigned Hughy Street will not diminish, or be in substitution
or replac~maent of, any other access points the Bail Property or Blind Mice Property may
be entitled to along other roadways bounding their properties, or along the portion of the
realigned Hughy Street rtmning easterly to the eastern boundary of the Blind Mice
Property towards Oregon Avenue.
5. Ball shall pay the recording fees for recording all of the deeds and
easements required by this Agreement, and for the nominal documentary stamp taxes that
will be payable thereon.
2
FILE NUM 2001733881
OR BOOK 04146 PAGE 0727
6. Each of the parties will execute such further and other documents as may
be reasonably required to fully effectuate the intent of this Agreement.
7. Ball and Blind Mice shall indemnify and save the City harmless from and
against all liability, claims or damages and suits for any injury to any person or persons,
or damages to any property of any kind whatsoever arising out of or in any way
connected with the conveyances provided for in this Agreement, or in any way related to
an act or omission in any manner related to said conveyances, irrespective of negligence,
actual or claimed, on the part of the City, its commissioners, officers, agents or
employees. The obligation of Ball and Blind Mice to indemnify and hold the City
harmless shall include all charges, expenses and costs, including reasonable attorneys'
fees at trial, on appeal or otherwise incurred by the City on account, or by reason of, such
injuries, damage, liability, claims, suits or losses, and on damages arising out of the same.
Notwithstanding the foregoing, at such time as the Ball Right of Way Property, Blind
Mice Right of Way Property, Ball Easement Property and Blind Mice Easement Property
have each been conveyed and dedicated to the City, the foregoing obligation of Ball and
Blind Mice to indemnify the City shall terminate, and the City shall assume responsibility
and liability that it may otherwise have under state law, subject to the provisions of
Florida Statute §768.28, the City not waiving sovereign immunity hereby.
8. Whenever either party desires to give notice unto the other, notice shall be
sent to:
As to the City: Robert J. Walter, P.E. - City Engineer
City of Sanford
300 N. Park Avenue
Sanford, FL 32771
As to Ball: Thomas B. Ball, III
213 Shady Oaks Circle
Lake Mary, FL 32746
As to Blind Mice: Blind Mice, LLC
2600 Technology Drive, Suite 200
Orlando, FL 32804
Attn: Michael F. McArdle
9. This Agreement contains the entire agreement of the parties hereto. Any
amendments to this Agreement shall be in writing executed by all of the parties hereto.
The provisions of this Agreement shall be binding upon, and inure to the benefit of, each
of the parties, and their respective heirs, successors and assigns. This Agreement may be
executed in one or more counterparts. Any of the parties hereto shall have the right to
record a copy of this Agreament in the Public Records of Seminole County, at their own
cost and expense. In the event of any dispute or action to interpret or enforce this
Agreement, the prevailing party shall be entitled to recover its reasonable attorneys' fees
and costs from the non-prevailing party.
3
FILE HUM 2001733881
OR BOOK 04146 PAGE 0728
CITY OF SANFORD
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FILE NUM 2001733881
OR BOOK 04146 PAGE 0729
STATE OF FLORIDA
COUNTY OF
Before me, the undersigned authority, on this 3/~'~day of July,, 2001, personally
appeared TOM BALL, who is personally known to
~li
My Commission expires:
STATE OF FLORIDA
COUNTY OF ,f~,~d-
Before me, the undersigned authority, on this 3{ehday of July, 2001, personally
appeared MICHAEL F. McARDLE,, as Manager of Blind Mice, LLC, who is personally
known to me. .~..~c,~ .~
Notary Public
My Commission expires:
: ~i;:',~.MYCOMMISSION#DD026069
~ EXPIRES: May 15, 2005
STATE OF FLORIDA
COUNTY OF 5& /e
Before me, the undersigned authority, on this ~7 day of Jii,>-, 2001, personally
appeared TONY VANDERWORP, as City Manager, City of Sanford, who is personally
known to me, or produced ' _as identifica ' .
~&Bffil~ BEIITO!I
Nota~ PubiC, S~te ol ~
5
FILE NUM 2001733881
OR BOOK 04146 PAGE 0731
Exhibit A
Legal Description of Ball Property
LEG E 1/2 OF LOT 10 S OF RINEHART RD PINE LAKE GROVES PB 9 PG 27
FILE NUM 20017338B1
OR BOOK 04146 PAGE 0732
EXHIBIT "B"
Legal Descril}tion of Blind Mice Pronertv
The South 5 chains of the West 14.4 chains of the Southeast ¼ of the
Northeast ¼ of Section 32, Township 19 South, Range 30 East, Seminole
County, Florida.
FIL~ NUll
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..... ' m OR ~OOK 04146 PAgE 0734
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Fan Seminole ~unty Public ~ls
Date: F~ma~ 28. 2001 ~ ~ ~ ~ ~ ~ ~ ~ ~ ~
Pro~t No.: S05--01 ~~~ ~ J37
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FILE NUM 2001733881
SR'ETCtI OF DES~ON o~ ~OOK O~l~S ~^SS 073S
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E 1/4 CORNER OF SECllOI4 32
PAGE 2 OF 2
For:. Seminole County Public Schools
Date: February 28, 2001 0esc~-,c, ~o ~ m ~.~ ~ ra~c~ ST~O~S ~S ~
Project No.: S05--01 .~ STA~. ~WE ' XN~T . . ~ 2700 ~
Drown:CtLChkd.: HPV vo;cE: (4o~) 680-2322 FAX~ 6~0-822s
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Dote: Feb~o~ 28. 2001 m ~ ~ ~ ~ ~ ~ ~ ~ ~
Pro~t No.: S05-01 ~~ ~ x37
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De~e: F~ma~ 28. 2001 ~ ~ ~ ~ ~ ~
Pro~ No.: S05--01