1018-Agrmt Relating to SJP ROWPrepared by and return to:
Lonnie N. Groot, Esquire
Stenstrom, Mclntosh, Colbert,
Whigham Reischmann & Partlow, P.A.
200 West First Street, Suite 22
Sanford, Florida 32772-4848
I IIII II ill # IIIIIII I III IIIIII II IIII IIII IIIIIIII I III
AGREEMENT RELATING TO ST. JOHNS PARKWAY
RIGHT-OF-WAY AND COUNTY, CITY, DYSON AND
STENSTROM PROPERTIES
THIS AGREEMENT is made this ~2~/ day of ~ 20Q~, by and
I/
between the CITY OF SANFORD, a municipal corporation organized and existing under
the laws of the State of Florida (hereinafter referred to as the "City"), whose address is,
300 North Park Avenue, Sanford, Florida 32771; SEMINOLE COUNTY, a political
subdivision of the State of Florida (hereinafter referred to as the "County"), whose address
is 1101 East First Street, Sanford, Florida 32771; JAMES H. DYSON, JR. and GREGORY
W. DYSON, whose address is 1230 Kingston Avenue, Alexandria, Virginia, 22302
(hereinafter collectively referred to as "Dyson") and CAROLYN P. STENSTROM,
Successor Trustee, of the Stenstrom Trust whose address is Post Office Box 665, Sanford,
Florida 32772 (hereinafter referred to as "Stenstrom').
WlTNESSETH:
WHEREAS, Dyson is the owner of certain real property located in Seminole
County, Florida which real property is more particularly described on Exhibit "A' attached
hereto (hereinafter referred to as the "Dyson Property") which property is also depicted as
location 1 on the attached Key Map; and
WHEREAS, Stenstrom is the owner of certain real property located in Seminole
County, Florida, which real property is more particularly described on Exhibit "B" attached
hereto (hereinafter referred to as the "Stenstrom Property"); and
WHEREAS, the County is the owner of certain real property located in Seminole
County, Florida, which real property is more particularly described on Exhibit "C" which
property is also the subject of a County deed (see Exhibit "F" and hatched area on Key
Map) as set forth herein, attached hereto (hereinafter referred to as the "County Property");
and
WHEREAS, the City is the municipal local government that manages the City
Street System of the City of Sanford under the provisions of the Florida Transportation
Code as defined in Section 334.01, Florida Statutes; and
WHEREAS, the City is the owner of the City Property more particularly described
on Exhibit "D" which property was acquired in order to provide transportation benefits to
the general public and those property owners who abut St. Johns Parkway; and
WHEREAS, the City, the County, Dyson and Stenstrom agree that adequate public
facilities and services must be available at the time of development being constructed and
occupied for use; and
WHEREAS, the parties agree that the construction of the St. Johns Parkway road
improvement project by the City will be mutually advantageous to the City, Dyson and
Stenstrom and serves and provides a benefit to the general traveling public; and
WHEREAS, the purpose of this Agreement is to set forth the understandings and
Page 2 of 18
agreements of the parties with respect to the foregoing, and other matters as set forth
herein; and
WHEREAS, this Agreement is authorized by, permitted by, and consistent with the
provisions of the City's Home Rule Charter; the City's Comprehensive Plan; the County's
Home Rule Charter; the County's Comprehensive Plan; Chapter 163, Florida Statutes;
Chapter 166, Florida Statutes; Chapter 336, Florida Statutes; the State Comprehensive
Plan (Chapter 187, Florida Statutes); Article VIII, Section 2(b), Constitution of the State of
Florida, and other applicable law and serves and advances a vital public purpose.
NOW, THEREFORE, for and in consideration of the mutual covenants and
agreements contained herein, and other good and valuable consideration each to the
other provided, the receipt and sufficiency of which is hereby acknowledged, the parties
agree as follows:
Section 1. Recitals.
(A) The above recitals are adopted as the findings of the City's City Commission
and the County's Board of County Commissioners as well as Dyson and Stenstrom
(B) The above recitals are true and correct, are incorporated into this Agreement
by reference thereto, and form a material part of this Agreement upon which the parties
have relied, including, but not limited to, the assertions that Dyson and Stenstrom own the
properties referred to herein and are empowered to enter into this Agreement and make
binding commitments.
Section 2. Purpose and Intent of Aqreement.
(A) It is the intent and purpose of this Agreement for the parties to take
Page 3 of 18
collaborative action that will result in the implementation of the St. Johns Parkway road
improvement by the parties which depends, in part, on the County, Dyson and Stenstrom
agreeing to provide certain property rights and interests to some or all of the other parties
to this Agreement.
(B) It is the intent and purpose of this Agreement to agree, with finality, as to
what rights and interests will be provided to another party or other parties to this
Agreement in order to enable the implementation of the St. Johns Parkway road
improvement project by the City for the benefit of the traveling public within Seminole
County benefitting both the City's City Street System and the County's County Road
System which thereby provide resulting benefits to Dyson and Stenstrom as a result of
their contributions to the implementation of the project.
(C) It is not the intent of the parties to address all development issues relating
to the Dyson and Stenstrom properties. To that end, development orders and permits will
be applied for and acted upon in accordance with the applicable laws, rules and
regulations of the jurisdiction having land use approval authority over such land use
approvals. For example, all drainage issues will be appropriately addressed in the
development approvals pertaining to the properties and the impacts of drainage water shall
be addressed in accordance with State law and other applicable regulatory requirements.
(D) It is the intent of this Agreement to release the County from any obligation
that it may have as to any other party to this Agreement once the County has conveyed
the County Property as set forth herein and to, moreover, release the Florida Department
of Transportation and the Seminole County Expressway authority from any and all
Page 4 of 18
obligations to the parties to this Agreement with regard to the properties that are the
subject of this Agreement.
Section 3. General Obliqations/Commitments of the Partie~
(A) Dyson hereby covenants and agrees to grant, free and dear of all liens and
encumbrances, an insurable cross/joint access easement for the benefit of the City and
Stenstrom over the fifty feet (50') eastward of and abutting the westernmost boundary of
the Dyson Property (Exhibit "E"). The cross/joint access easement will enter the Dyson
property from St. Johns Parkway and proceed southward across the Dyson Property, a
distance of approximately nine hundred and twenty feet (920'), stopping adjacent to the
northeast quadrant of the Stenstrom Property. (See location "2" in the attached Key Map).
Construction of the access roadways over the cross/joint access easement property will
occur upon development of property being served by the easement. When the access
easement is proposed to be used by Stenstrom, the proposed access shall be subject to
City approval as part of the development approval process and Dyson shall have the right
to reasonably review~iStenstrom's proposed access and provide comments relating to
same?
(B) The County shall convey to the City the County Property (abandoned railroad
right-of-way, said Property being the same as described and conveyed in that certain
public purpose quit claim deed recorded at Official Records Book Number 3713, pages
1221 through 1224, Public Records of Seminole County, Florida), by means of statutory
County Deed (Exhibit "F"), from the point said property begins at Airport Boulevard to the
point at which the said County Property meets the southerly boundary line of the
Page 5 of 18
Stenstrom Property at the intersection of the northerly Expressway right-of-way boundary
line.
(C) The City shall convey, by means of a quit claim deed (Exhibit "G") to Dyson,
that part of the County Property (abandoned railroad right-of-way) from the point said
property begins at the point at which the said County Property meets the southerly
extended east boundary line of the Dyson Property to a point where said County Property
meets the extended east boundary line of the Stenstrom Property after the vacation action
is accomplished in accordance with Subsection (3)(I). (See location "3" in the attached
Key Map).
(D) Dyson shall convey a one hundred feet by nine hundred and eighty-nine feet
(100' x 989') insurable drainage easement to the City, a form acceptable to the City
(Exhibit "H") (free and clear of any and all liens and encumbrances. (See location "4" in
the attached Key Map). The drainage easement shall also grant rights of access to the
City over the Dyson Property in order that the City may reasonably access the drainage
easement area for the purposes of maintenance of same.
(E) The City shall convey to Dyson, by means of a quit claim deed (Exhibit 'T'),
fifty feet (50') of road frontage along St. John's Parkway, shown at location "5" in the
attached Key Map.
(F) The City shall convey, by means of a quit claim deed Exhibit "J" to Stenstrom
that part of the County Property (abandoned railroad right-of-way) described in from the
point said property begins at the point at which the said County Property meets the
southerly extended east boundary line of the Stenstrom Property to a point where said
Page 6 of 18
County Property meets the southerly boundary line of the Stenstrom Property at the
intersection of the Northerly Expressway right-of-way boundary line. (See location "6" in
the attached Key Map).
(G) The stormwater pond and appurtenances in the one hundred feet by nine
hundred eighty-nine feet (100' x 989') drainage easement (location "4" in the attached Key
Map) will be designed, permitted and constructed by the City in conjunction with the design
and construction of St. John's Parkway in accordance with Section 4 of this Agreement,
for the sole purpose of providing stormwater treatment and attenuation for the operation
of St. Johns Parkway. The City agrees to relocate the pond to the north onto the Dyson
property for the purpose of providing a location for a future Dyson access driveway in
Parcel "3" (the location of Parcel "3" is shown in the attached Key Map), upon receipt of
a written request from Dyson and upon receipt of a new drainage easement over the
relocated pond area from Dyson. If the relocation request is made within thirty (30) days
of the execution of this Agreement, the pond will be relocated at no cost to Dyson. After
thirty (30) days, Dyson will be solely responsible for all costs relating to the relocation of
the pond and appurtenances including preparation of easement(s), design and permitting
changes, and construction changes. In the future, in order to serve future development
of the Dyson property and/or future construction of the Dyson access driveway in Parcel
"3" to Bevier Road/new Airport Boulevard, the City will allow Dyson to reasonably modify
the City's pond and appurtenances upon appropriate permitting by Dyson. Dyson shall be
entitled to construct, at Dyson's expense, such pond modifications as are allowable under
applicable laws and regulations and ordinances. Should Dyson chose to relocate the
Page 7 of 18
City's pond, then Dyson shall be allowed to appropriately modify the relevant permits to
enlarge the pond. Dyson will also be responsible for all associated design and permit
costs, and easement modifications relating to the construction of the pond modifications,
the future access driveway, and any future Dyson site development.
(H) Stenstrom shall grant to the County an insurable drainage easement, on a
form acceptable to the County (Exhibit "K"), free and clear of any and all liens and
encumbrances over the westernmost forty-five feet (45') of the Stenstrom Property and the
westerly forty-five feet (45') of that vacated right-of-way (thirty feet (30') in width lying
contiguous to Lots 10 and 11 ). (See location "7" in the attached Key Map).
(I) The City agrees to vacate that unnamed right-of-way as described and
depicted on Exhibit "D", said vacated right-of-way to be owned by Stenstrom and Dyson
in accordance with State law as depicted at location 8 and location 9 on the attached Key
Map.
(J) The City agrees to pay for the costs for surveying work necessary to
implement the cross/joint access easement referred to in Section 3(A) and, further, agrees
to pay for the costs of fencing and gating the cross/joint access easement area referred
to in Section 3(A) which fencing shall include the installation of two (2) metal gates. One
(1) of the gates shall be located at the entrance area into the cross/joint access easement
area which shall be located on St. Johns Parkway./(.The other gate shall be located at the
entrance to the Stenstrom Property (the exact location along the Stenstrom property to be
designated by Stenstrom). A chain and lock shall be placed on the gate located on St.
Johns Parkway the keys for which shall be possessed by both Dyson and Stenstrom. The
Page 8 of 18
keys for the landlord gate at the Stenstrom property will be possessed by Stenstrom only.
The installation of the fencing/gates shall be coordinated with the person holding the cattle
lease relating to the Dyson Property (Mr. Terry Gelm at (407) 349-5800). Coordination with
Mr. Gelm shall occur no less than forty-eight (48) hours in advance of any activity that
would require the removal of cattle from the cross/joint access easement area. Dyson
and/or Stenstrom shall be entitled to utilize the cross/joint access easement for the
purposes of developing their respective properties in accordance with any land
development regulations pertaining to development of the pertinent properties; provided,
however, that the party not constructing the development access way shall be entitled to
reasonably review'.~he construction of the development access way over the cross/joint
access easement to determine whether the said construction will adversely impact the
development of their property. Such review shall occur in a reasonable period of time.
(K) The City, County, Dyson and Stenstrom recognize the importance of
engaging in positive communications in resolving all matters and issues pertaining to the
implementation of this Agreement in a timely manner.
(L) Within thirty (30) days of the full execution of this Agreement, which event
shall be noticed by the City's attorney, the parties shall meet and close the transaction set
forth herein by means of delivery of the instruments of grant and conveyance referred to
herein. It shall be the obligation of the City to record the instruments of conveyances and
grant as set forth herein.
Section 4. Limitation of Fundin.cl Obliqations. Notwithstanding anything to the
contrary stated elsewhere in this Agreement, neither the County nor the City shall have
Page 9 of 18
any obligation to fund any public facilities or infrastructure necessitated by the
development of the properties that are the subject of this Agreement. The County has no
funding obligations under the terms of this Agreement, but may have separate obligations
relative to St. Johns Parkway funding under a separate interlocal agreement between the
City and the County.
Section $. Further Assurances. In addition to the acts recited in or set forth in
this Agreement, the City and County, Dyson and Stenstrom agree to perform or cause to
be performed, in a timely manner, any and all further acts as may be reasonably necessary
to implement the provisions of this Agreement including, but not limited to, the execution
and/or recordation of further instruments; provided, however, that the County's and the
City's obligations shall be subject to such limitations of law as may be applicable to
counties and municipalities.
Section6. DisclaimerofThirdPartyEleneficiaries. Except as to covenants that
may be specifically stated in this Agreement to run with and burden specific lands and the
release of the Florida Department of Transportation and the Seminole County Expressway
Authority as set forth herein, this Agreement is solely for the benefit of the formal parties
to this Agreement, and no right or cause of action shall accrue by reason hereof to or for
the benefit of any third party not a formal party hereto. Except as to covenants that may
be specifically stated in this Agreement to run with and burden specific lands and the
release of the County, the Florida Department of Transportation and the Seminole County
Expressway Authority as set forth herein, nothing in this Agreement, expressed or implied,
is intended or shall be construed to confer upon or give any person or entity any right,
Page 10 of 18
remedy or claim under or by reason of this Agreement or any provisions or conditions
hereof, other than the parties hereto and their respective representatives, successors and
assigns.
Section7. EffectivenessofA,qreement. ThisAgreementshal~becomeeffective
upon its being duly executed by all of the parties hereto.
Section 8. Indemnification.
and Stenstrom a~ggree~o indemnify and hold harmless the County and the
(A)
D ,on
City from and against any and all claims, assertions, damages, judgment and lawsuits
arising from the acts or omissions of the County and/or the City or their officers, employees
or agents under and pursuant to this Agreement.
(B) Stenstrom hereby release and covenants not to sue the County, the Florida
Department of Transportation and the Seminole County Expressway Authority relative to
any matter related to the conveyance of the County Property as set forth herein and
Stenstrom hereby forgoes and waives any and all right that it may have had or asserted
relative to the conveyance of the County Property to Stenstrom or any other party.
Section 9. Time Of The Essence. Time is of the essence of the lawful
per[ormance of the duties and obligations contained in this Agreement. The parties
covenant and agree that they shall diligently and expeditiously pursue their respective
obligations set forth in this Agreement.
Section 10. Successors and Assigns. This Agreement and the terms and
conditions hereof shall be binding upon and inure to the benefit of the City and County,
Dyson and Stenstrom and their respective successors in interest.
Page 11 of 18
Section 11. Applicable LawNenue. This Agreement and the provisions
contained herein shall be construed, controlled and interpreted according to the laws of
the State of Florida. Florida law shall govern the interpretation and enforcement of this
Agreement. Further, venue for any dispute resulting from this Agreement shall be in the
Eighteenth Judicial Circuit Court in and for Seminole County, Florida.
Section 12. Binding Effect. Each party hereto represents to the other that it has
undertaken all necessary actions to execute this Agreement, and that it has the legal
authority to enter into this Agreement and to undertake all obligations imposed on it.
Section 13. Recordinq. The City shall, at the City's sole cost and expense,
record a fully executed counterpart of this Agreement in the Public Records (Land
Records) of Seminole County, Florida.
Section14. ConstructionorlnterpretationoftheA.qreement. This Agreement
is the result of bona fide arms length negotiations between the County, the City, Dyson and
Stenstrom, and all parties have contributed substantially and materially to the preparation
of the Agreement. Accordingly, this Agreement shall not be construed or interpreted more
strictly against any one (1) party than against any other party.
Section 15. Attorneys' Fees and Costs. In the event of any action to enforce
the terms of this Agreement, the prevailing party shall be entitled to recover reasonable
attorneys' fees, paralegals' fees, and costs incurred, whether the same be incurred in pre-
litigation negotiation, litigation at the trial level, or upon appeal.
Section 16. Captions / Exhibits.
(A) The headings or captions of the sections and subsections contained in this
Page 12 of 18
Agreement are used for convenience and reference only, and do not, in themselves, have
any legal significance and shall not be afforded any.
(B) The exhibits to this Agreement are hereby incorporated into this Agreement
and are and form an integral part of this Agreement.
Section 17. Parties Bound. Following the recordation of this Agreement, the
benefits and burdens of this Agreement shall become a covenant running with the title to
the properties referred to herein to the extent set forth herein and this Agreement shall be
binding upon and inure to the benefit of both the City, County, Dyson and Stenstrom and
their assigns and successors in interest to the said properties as set forth herein.
Section 18. Severability. If any provision of this Agreement, the deletion of
which would not adversely affect the receipt of any material benefits by either party to the
Agreement or substantially increase the burden of either party to the Agreement, shall be
held to be unconstitutional, invalid or unenforceable to any extent by a court of competent
jurisdiction, such portion shall be deemed a separate, distinct, and independent provision
and the same shall not affect in any respect whatsoever the validity or enforceability of the
remainder of the Agreement.
Section 19: Compliance With Local And State Law. The parties shall comply
with applicable State and local laws, regulations and ordinances.
Section 20: Assiqnments.
herein.
Section 21: Conflict Oflnterest.
No party shall assign the Agreement nor any interest
The parties agree that they will not engage
in any action that would create a conflict of interest in the performance of their respective
Page 13 of 18
obligations pursuant to this Agreement or which would violate or cause others to violate
the provisions of Part III, Chapter 112, Florida Statutes, relating to ethics in government.
Section 22. Notices. Any notice that is to be delivered hereunder shall be in
writing and shall be deemed to be delivered (whether or not actually received) when (i)
hand delivered to the official hereinafter designated, or (ii) upon receipt of such notice
when deposited in the United States mail, postage prepaid, certified mail, return receipt
requested, addressed to the parties as follows (facsimile transmittals and e-mails are not
acceptable as a form of notice under the terms of this Agreement):
For County:
J. Kevin Grace, County Manager
Seminole County Services Building
1101 East First Street
Sanford, Florida 32771
For City:
Mayor Brady Lessard
City of Sanford
300 North Park Avenue
Sanford, Florida 32771
For Dyson:
Meredith Harper, Esquire
Shutts & Bowen LLP
300 South Orange Avenue
Suite 1000
Orlando, Florida 32801
For Stenstrom:
Ms. Carolyn Stenstrom
Post Office Box 665
Sanford, Florida 32772
Page 14 of 18
Section 23. Entire Aqreement. This Agreement constitutes the complete and
entire agreement between the County, the City, Dyson and Stenstrom with respect to the
subject matter hereof, and supersedes any and all prior agreements, arrangements or
understandings, whether oral or written, between the parties relating thereto, all of which
have been integrated herein.
Section 24. Modification. This Agreement may not be amended, changed, or
modified, and material provisions hereunder may not be waived, except by a written
document, of equal dignity herewith, approved by the Board of County Commissioners of
Seminole County, the City Commission of the City of Sanford, Dyson and Stenstrom and
signed by all parties to this Agreement.
Section 25. Counterparts. This Agreement may be executed in any number of
counterparts, each of which shall be deemed an original, but all of which, taken together,
shall constitute one and the same document.
WHEREFORE, the parties hereto have caused these presents to be signed all as
of the ~late a~c~ year first above written.
ATTEST; '
~anet R': DoughertY~,~(~ff'y Clerk
For the use and reliance of the City of
Sanford only. Approved.~as to form
and legal sufficiency.
~hl'lia~n'~. (~l~3ert, City Attorney
Brady Lessardl Ma~o~
Da{e
Page 15 of 18
A TTES T:
Ma, b~"n~orse, Cler~ to the Boar--'~of
County Commissioners of Seminole
County, Florida
BOARD OF COUNTY COMMISSIONERS
SEMINOLE COUNTY, FLORIDA
D a ryl-'-M~L~'~in, Chairman
Date
For the use and reliance of Seminole
County only. Approved as to form and
legal sufficiency.
'orney
As authorized for execution by the Board
of Couot~ Commissioners at the, ir ~_
~ - 20C~regular
meeting.
(Agreement - St. Johns Parkway
Right-of-~ay)
Page 16 of 18
Printed Name of WitneCs One
S,n
'g - ~Wi n~ss Two
Printed ~rne of W~tness Two
) &.t
STATE OF )
DYSON
Si at re W- ?
Printed Name
Signature ~ '/
Printed Name
The foregoing instrument was acknowledged before me this ~ day of
,,'~',-~-'/-- , 200~, by James H. Dyson, Jr. and Gregory W.
Dyson ~'~k~ f;-,~ ~, ,,~,]¢v 7"who are personally known to me/produced the following as
identification and who did not take an oath.
WlTNESS my hand and official seal this c)~ dayof ]"/¢t,ln-?]~ ,200~3]-
Sigrldtu~ z'
Printed Name (Notary Public)
Page 17 of 18
WITNESSES.-
Signature of Witness of Witness One
Printed Name of Witness One
-%-
L,~.S. jgri~t~-re of Witness Two
Printed Name of Witness Two
STENSTROM TRUST
Signature
Carolyn P. Stenstr~)m
As Successor Trustee
S TA TE OF FLORIDA )
The foregoing instrument was acknowledged before me this jb (z day of
,2003, by Carolyn P. Stenstrom, as successor trustee of the Stenstrom
Trust, who is personally known to me/produced the following as identification and who did
not take an oath.
/'3
WITNESS my hand and official seal this , ¢:r~ day of :.~.~,.~ ~- ,2003.
(Seal)
,, ~., !,, SHIRLEY BERRIE
~; ~ MY COMMISSION # DD t78375
' ~ : ~ EXPIRES: J~nuary20, 2007
Printed Name~'[~o~ary I-'UDIIC.)
I:\Lng\Cities~003\Sanford~Agreements\Dyson Agreement re St Johns Parkway.wpd
Page 18 of 18
WITNESSES:
Signature of Witness of JL~fness One
~Name of Witness One
Signature of Witness Two ~ ~
V
Printed Name of Witness ~wo
GREGORY W. DYSON
STATE OF SOUTH CAROLINA )
COUNTY OF
)
The foregoing instrument was acknowledged before me this
~'~ - -day of
2004, by Gregory W. Dyson, who is personally known to
me/produced the following as identification and who did not take an oath.
WITNESS my hand and official seal this
day of 1L~ ~v,(C ~ ,/2{)04.
?(gnature
Printed Name (Notary Public)
Page 17(a) of 18
Meisch Rd
? Bevier
EXHIBIT COVER SHEET
Attachment
Exhibit "A"
Exhibit "B"
Exhibit "C"
Exhibit "D"
Exhibit "E"
Exhibit "F"
Exhibit "G"
Exhibit "H"
Exhibit "1"
Exhibit "J"
Key Map
Property Appraiser Parcel Printout of Dyson Property
Stenstrom Legal Description
Abandoned railroad right-of-way parcel
Legal description of unnamed road right-of-way (8 and 9 on
Key Map) to be vacated by the City.
50' Easement Dyson to Stenstrom (2 on Key Map)
County Deed; County to City. Parcel to be deeded from
County to City (remainder of abandoned railroad right-of-way)
City to Dyson conveyance of abandoned railroad right-of-way
(3 on Key Map)
Dyson to City drainage easement over abandoned railroad
right-of-way (4 on Key Map)
City to Dyson; 50' road frontage quit claim deed (5 on Key
Map)
Property to be quit claimed by City to Stenstrom for remainder
of abandoned railroad right-of-way (see Exhibit "F") (6 on Key
Map)
Exhibit "K" Stenstrom to County drainage easement (7 on Key Map)
ATTACHMENT - KEY MAP
Meisch R
Airport Blvd.
PARCEL DETAIL ~
GENERAL
Parcel Id: 26-1~ District: SI-SANFORD
Owner: DYSON JAMEs H JR & Exemptions:
OwlVAddr: DYSON GREGERY W ' I '
Address:
Clty,$tate,ZIpCode:
Property Address: 3205 ST JOHNS PKWY
Facility Name: '
Dot: 60-GRAZING LAND . / ' ' . '
I LEGAL DESC lP O. PL T
J~l & 22 & E 1/2 VACD ST ADJ ON W &
· J2327&38 N OF ........
· I~ VACD ST ADJ ON N OF BLK 23 &
I ~ACD ST~T (~E-s-~
~ 1278 FTOF W360 -'' ......
LAND I~ 1/2 OF VACD ST ADJ ON W & N
Land Assess Method Front~ OF VACD-S-'i: ~)'~l ~V-
I~. N_ ~8FT OFeL~ 37&SE~NWCO.
I FT S O0 DEO 06 MIN -........
~ FT TO P0B RUN S 89 DEG 53 MIN
1137.57.FT S 81 DEG ...........
I ~ 680.50 FT N00DEO 08MIN 8~
SEC E 1218.81 FTTO POB)
NOTE: A~e~sed values shown are NOT certified values and therefore are subject to cha~fge before beit~g finalized for ad valorem tax
ourposes.
*** ff you recently/purchased a homesteaded properly your next year's properly tax will be based on Just/Market value.
EXHIBIT A - Page I of I
SKETCH OF DESCRIPTION
SAI*~FOR9 C£N~RAL PARR PHASE
PLAT II[][]K 53, PAGE 80-82
TRACT 'A°
L~T 7
&44.91°
64~.30' 5g~5' - -
LOT I0 4&'4 I~
SHEET 1 OF 2
SEMINOLE COUNTY
E. NGINEERING DFPARTMENT
SURVEY SFC'rIoN
520 W. lAKE MARY BLVD.
(407)665-2500 EXT.5647
NOT VALID WITHOUT THE SIGNATURE AND THE
ORIGINAL RAISED SEAL OF A FLORIDA.LICENSED
SURVEYOR AND MAPPER.
P. LS. ~F~ ~;ERT.~
LEGEND
eu - P^o~ (s)
PC - PO~qT OF CURVATURE
P--PLAT
EXHIBIT B - Page 1 of 2
LECAL DESCRIPTION
LOT Il AND THAT PART OF LOT ID LYINO NORTH OF THE FORMER SEABOARD COASTLINE
RAILROAD, N.N. SMITHS SUBDIVISION, AS RECORDED IN PLAT BOOK 1, PAGE 55, OF THE
PUBLIC RECORDS, ~EMINOLE COUNTY, FLORIDA.
TOGETHER WITH, THE WESTERLY 15,00 FEET OF A VACATED 30,00 FOOT RIGHT-DF-WAy
LYING EAST OF AND COINCIDENT WITH THE EAST LINE DF SAID LOT
SHEET 2 OF 2
SURVEYOR'S NOTES
LEGEN D
. THIS 15 NOT A SURVEY,
· UNDERGROUND UTILITIES AND/OR IMPROVEMENTS NOT LOCATED. BF.~IN~'3 I~ED ON ;
· SURVEYOR HAS NOT ABSTRACTED THE LAND SHOWN HEREON. THE
ABOVE'REFERENCED PROPERTY MAY BT SUBJECT TO EASEN:ENTS T~z* NB;~TH I IN~' JIF' TW$' N~/ t/4 ~ THE N~'
AND RESTRICTIONS OF RECORD, IF~ ANY." '
REVISIONS
2
5
4
~o~ I~ldE~ O(J-O39A
RE~SIONS
REQUESTED BY:
J EXHIBITB-Page2of2 ]
F.D.O.T PARCEL NO. 100R
PART A)
THAT PORTION OF THE ABANDONED CSX RAILROAD RIGHT-OF-WAY AS
DESCRIBED IN PARCEL 1 ('TAVARES BRANCH) OF THE QUIT CLAIM DEED TO
THE FLORIDA DEPARTMENT OF TRANSPORTATION AND SEMINOLE COUNTY,
DATED SEPTEMBER 19, 1986 AND RECORDED IN OFFICIAL RECORDS BOOK
1774, PAGE 1361, PUBLIC RECORDS OF SEMINOLE COUNTY, FL.ORIDA, LYING
OUTSIDE OF THE LIMITED ACCESS RIGHT-OF-WAY LINE FOR STATE ROAD 417
BETWEEN SURVEY STATIONS 2136+01.56 AND 2142+19.21 AS SHOWN ON THE
FLORIDA DEPARTMENT OF TRANSPORTATION RIGHT-OF-WAY MAP, SECTION
77160-24-41.
AND
PART B)
THAT PORTION OF THE ABANDONED CSX RAILROAD RIGHT-OF-WAY AS
DESCRIBED IN PARCEL 1 ('TAVARES BRANCH) OF THE QUIT CLAIM DEED TO
THE FLORIDA DEPARTMENT OF TRANSPORTATION AND SEMINOLE COUNTY,
DATED SEPTEMBER 19, .1986 AND RECORDED IN OFFICIAL RECORDS BOOK
1774, PAGE 1361, PUBLIC RECORDS OF SEMINOLE COUNTY, FLORIDA, LYING
OUTSIDE OF THE LIMITED ACCESS RIGHT-OF-WAY LINE FOR STATE ROAD 417
FROM SURVEY STATION 2136+01.56 EASTERLY TO A POINT 1786 FEET WEST
OF THE CENTERLINE OF AIRPORT ROAD AS SHOWN ON THE FLORIDA
DEPARTMENT OF TRANSPORTATION RIGHT-OF-WAY MAP, SECTION 77310-
2502.
AND
PART C)
"A PARCEL OR STRIP OF LAND AT OR NEAR SANFORD, SEMINOLE COUNTY,
FLORIDA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: THAT PORTION. OF
GRANTOR'S FORMER TAVARES. BRANCH MAIN TRACK RIGHT OF WAY,
CONSTITUTING A 100 FOOT WIDE PARCEL OF LAND, BEGINNING AT THE
INTERSECTION OF THE WEST RIGHT OF WAY OF AIRPORT ROAD AND
EXTENDING WESTERLY 1,786 FEET, MORE OR LESS,CONTAINING 4.10 ACRES,
MORE OR LESS. -
THE SE N OF SEOTION 27, TOWNSHIP 19 SOUTH, RANGE 30 EAST."
THE ABOVE LAND (PART C) BEING THE SAME AS DESCRIBED IN OFFICIAL
RECORDS BOOK 1863 PAGE 0251, PUBLIC RECORDS OF SEMINOLE COUNTY,
FLORIDA.
SKETCH OF
liOOl.(... =t~l PACd~ 8~-8e
TRACT 'A'
660,30'
LOT 7
DESCRIPTION
~__~erJy4o,r
644.91'
U]T 10
E, LINE, NV 1/4, NV 1/4/
~F_,MINOLE COUNTY
ENGINEERING DEPARTMENT
SURVEY SECTION
520 W. LAKE MARY BLVD.
SANFORD, FLORIDA 3277,3
(407)665-2500 EXT.5647
NOT VAUD WITHOUT THE SIGNA1UEE. ,~NO THE
ORIGINAL RAISED SEAL OF A FLORIDA 'LICEHSED
SURVEYOR AND MAPPER.
GARY A. LE~E P.LS. FLA. CERT. J[
SHEET 1 OF 2
LEGEND
P8 -- PLA/' BOOK
PO -- PA~ (S)
PCt -
PT - POINI' OF TN~I~]~CY
F1ELD BATE N/A
EXHIBIT D - Page 1 of 2
m CH£Ct(ED
LECAL DESCRIPTION
THAT CERTAIN UNNAMED 30.00 FOOT RIGHT-OF-WAy LYING COINCIDENT TO LOTS 10 AND
11 AND EXTENDING EAST TO THE SOUTHWEST CORNER DF LOT 22' AND THAT CERTAIN
UNNAMED 30.00 FDDT RIGHT-DF-WAy LYING COINCIDENT TD LDTS tO AND 23 LYING
NORTH DF THE FGRNER SEABOARD COASTLINE RA[LRDAg, M.N. SMITHS SUBDIVISION, AS
RECORDED IN PLAT BOOK l, PAGE 55, OF THE PUBLIC RECORDS, SEM[NGLE COUNTY,
FLORIDA.
SURVEYOR'S NOTES
THIS IS NOT.A SURVEY.
UNDERGROUND UTILITIES AND/OR IMPROVEMENTs NOT LOCATED,
SURVT.¥OR HAS NOT ABSTRACTED THE LAND SHOWN HI~REON, THE
ABOVE REFERENCED PROPERTY MAY BE SUBJECT TO EASEMENTS
AND RESTRICTIONS OF RECORD, IF ANY.
SHEET 2 OF 2
LECEND
03/04/03
HN~ 00-039^
REVISIONS
t~TCH SOUTH ~,
REVISIONS
REQUESTEO BY:
LOTS aa AND a3 TO AVO, ADD LnTS ~E AXIl P'3 TO Tn LEGN. C,B.
EXHlBiTD_Page2of2 JIo=~;L.W. J
CROSS ACCESS AGREEMENT
AND
GRANT OF EASEMENT
THISAGREEMENTAND EASEMENT is entered into and rnade on this day
of ., 2003, by and between JAMES Ft. DYSON, JR. and GREGORY W.
DYSON, (hereinafter referred to as the "OWNERS"), and CAROLYN p. STENSTROM,
whose address is Post Office Box 665, Sanford, Florida 32772, hereinafter referred to as
"STENSTROM".
WITNESSETH:
WHEREAS, the OWNERS warrant that they hold legal title to the property described
in Paragraph 2 below; and
WHEREAS, the OWNERS desire to facilitate the orderly use of the subject property
and to ensure that the use of subject property is compatible with other properties in the
area and planned traffic patterns.
NOW, THEREFORE, in consideration of the mutual covenants and agreements
contained herein, and other good and valuable considerations, the receipt and sufficiency
of which is hereby acknowledged, the parties hereto agree as follows:
The above recitals are true and correct and form a material part of the
Agreement upon which the parties have relied.
The OWNERS warrant and represents that they are the present owners of
the following described property (hereinafter referred to as the "subject
property"):
SEE ATTACHED.
The OWNERS hereby grant, convey, and assign to the STENSTROM, a
permanent right to accomplish the purposes of this Agreement and
Easement and to travel, enter and exit with or without vehicles, upon, over
and across, any portion of that certain easement area (described as follows)
located on the property described in Paragraph 2:
SEE ATTACHED.
The purpose of the easement described in Paragraph 3 above is to provide
access to adjoining properties and to a curb cut on St. Johns Parkway.
The OWNERS covenant and agree that they and their heirs, assigns and
successors, will abide by the provisions of this Agreement and Easement.
l," EXHIBITE.Pagelof5 il
This entire Agreement and Easement touches or concerns the subject
property, and shall run with the land, shall be a burden and binding upon the
OWNERS and the OWNERS' assigns and successors in interest.
IN WITNESS WHEREOF, the parties hereto have made and executed this
Agreement on the date first above written.
ATTEST:
JAMES H. DYSON, JR.
A TTES T:
GREGORY W. DYSON
STATE OF FLORIDA )
COUNTY OF SEMINOLE )
I HEREBY CERTIFY that on this day, before me, an officer duly authorized to
administer oaths and take acknowledgments, personally appeared JAMES H. DYSON,
JR., who is personally known to me or who produced his Florida Driver's License as
identification and acknowledged before me that he executed the same.
EXECUTED and sealed in the County and State named above this
A. D. 2003. -.
day of
(Affix Notarial Seal)
Notary Public; State of Florida
Printed Name
EXHIBIT E - Page 2 of 5 I
STATE OF FLORIDA )
COUNTY OF SEMINOLE )
I HEREBY CERTIFY that on this day, before me, an officer duly authorized to
administer oaths and take acknowledgments, personally appeared GREGORY W. DYSON,
who is personally known to me or who produced his Florida Driver's License as
identification and acknowledged before me that he executed the same.
EXECUTED and sealed in the County and State named above this
A. D. 2003. -
_ day of
(Affix Notarial Seal)
Notary Public; State of Florida
Printed Name
I' EXHIBIT E - Page
PARCEL DETAIL
GENERAL
Parcelld: 26-19-30-5AE-21{~0-0000 Tax District: S1-SANFORD
Owner:. DYSON JAMES H JR & Exemptions:
Own/Addr: DYSON GREGORY W
Address:
City, State,ZipCode:
Property Address: 3205 ST JOHNS PKWY
Facility Name:
Dot:. 60-GRAZING LAND
LAND
Land Assess Method Frontage Depth Land Units
IMP PAS'CdR- 0 0 36.'J40
SEC E 1218.81 FT TO POB)
~uO~e~si~e~-~-ed values shown are NOT ce~b~ud values and therefore are subject to change before being finalized for ad valorem tax
*.'* if ~ou recently purchased a homesteaded properb,/ ~/our next ~eads p~oper~ tax will be b-ased 'on JuSt/Market value.
LEGAL DESCRIPTION PLAT
ALL BLKS 21 & 22 & E 1/2 VACD STADJ ON W&
N 1/2 VACD ST ADJ ON S & THAT PART OF BLKS
2327&38N OF
RR & S 1/2 OF VACD STADJ ON N OF BLK23 &
ALL BLKS 28 & 37 & ALL VACD ST BET (LESS N
278 FT OF W 360
FT OF BLK 37 & E 1/2 OF VACD ST ADJ ON W & N
50 FT OF BLKS 21 28 & E 1/2 OF VACD ST ON W
& W 1/2 VACD ST
ADJ ON E & N 50 FT OF BLK 37 & BEG NW COR
BLK 21 RUN S 89 DEG 53 MIN 13 SEC E 433.49
FT S 00 DEG 06 M~N
52 SEC W 50 FT TO POB RUN S 89 DEG 53 MIN
13 SEC E 554.58 FT S 0q DEG 06 MIN 52 SEC W
1137.57 FTS 81 DEG
46 MIN 43 SEC W 560.50 FT N 00 DEG 06 MIN 52
... EXHIBIT E - Page 4 of 5 I
15%
ST. JOHNS PA~K~AY
(FORMERLy KNOWN AS JEW~TT LAN[ --
b ~
20
- '~ NOT
INOLUDED
WAY
PREVIOUSLY ACQUIRED
BY CITY OF SANFORO
SKETCH OF DESCRIPTION.
"NOT A SURVEY --
- DESCRIPTION -
A tract of land lylng in Section 27, Township 19 South,
Range 30 East, Seminole County, Florida; being
more porticuloHy described as follows:
The North 970 feet of the East 1/2 of the vacated
street lying West of Blocks 21 and 22, M.M. Smlth's
Subdivision os per plot thereof as recorded in
Plat Book 1, Page 55 of the Public Records of
Seminole County, Florida; less the North 50 feet
thereof for odditlonol right of way.
Together with the North 970 feet of the West 35
feet of the following described parcel:
Blocks 21 and 22, M.M. Smith's SubdivlsJon os per
plat thereof os recorded in Plot Book 1. Page 5,5
of the Public Records of Seminole County, Florida;
less the North 50 feet thereof for additional
right of way.
ABBREVIATION LISTING
O.R.B.
PG. ~ OFFICIAL RECORDS BOOK
PAGE
P.B. = PLAT BOOK
P.C. =~ POINT OF CURVATURE
P.T. = POINT OF TANOENCY
P.C.C. = POINT OF COMPOUND CURVATURE
P.R.C. -, POINT OF REVERSE CURVATURE
TAN. BRO. = TANGENT BEARING
EXHIBIT E - Page 5 of 5
This description and the accompanying sketch
or sketches has been prepared ]n accordance
with the Standards set forth in Chapter 61G17,
F.A.C., pursuant to Chapters 177 and 472,
F'lorido Statutes. Un/ess it bears the
signature and the orlginol raised seal of o
Florida licensed surveyor and mopper this drowlng,
sketch, plot or mop is for informational purposes
only and is not valid.
·
ARTHUR W. TUCKER, P.L.S. 4381 '
Document Prepared by:
Stephen P. Lee
Deputy County Attorney
County Services Bulla3ng
1101 East First Street
Sanfmd, Rorid~ 32771
LegaJ Deacdp~on Approved by:'
Steve L. Weesels, P.L.S.
County Surveyor
8eminole County Engineednl~ DJvl.sion
520 We~ Lake Meff Boulevard, Suite 200 ·
Sanfoml, Flodda 32771
COUNTY DEED
F.D.O.T. Parcel No. 100
Section 77310-2502 & 77160-2441
County of Seminole, Florida
TItIS DEED is made this day of. ,2003, by SEMINOLE
COUNTY, a political subdivision of the State of Florida, whose add~;ass is Seminole
Count, Services Building, 1101 East First Street, Sanford, Florida 32771, hereinafter
referred to as the GRANTOR, and the City of Sanford, Florida, a municipal'corporation,
whose address is 300 North Park Avenue, Sanford, Flodda 32771, hereinafter referred
to as the GRANTEE.
WITNESSETH:
That the GRANTOR, for and in consideration of the sum of ONE' AND NO/100
DOLLARS ($1.00) in hand paid b,y' .GFL~,NTEE, the receipt of which is hereby
acknowledged, does hereby grant, bargain and sell to GRANTEE, its'heirs and assigns
forever, the following described land lying and being in Semin(~le County, Florida t~)-wit:
F.D.O.T PARCEL NO. 100 F.D.O.T. Section 77310-2502 & 77160-2441
See Exhibit 'A", attached hereto and made a part hereof - said property being
the same as shown in that certain Public Purpose Quitclaim Deed, dated January 14,
1999, and recorded in Official Records Book 3713, Pages 1221 thru 1224.
GRANTOR, in accordance with Section 270.11, Florida Statutes,. releases its
interest in, and title in and to all the phosphate, minerals, and metals that are or may be
in, on or under the above described land with the privilege to mine and develop the
same, the GRANTEE having petitioned for said release. The reason justifying such
release is the GRANTEE is a Municipality of thd State Florida, which Municipality
therefore loses no rights by such release.
IN WITNESS WHEREOF, the GRANTOR has caused these presents to be'
executed in its name by its Board of County Comn~ssioners acting by the Chairman or
Vice-Chairman of said Board, the day and year aforesaid.
ATTEST:
BOARD OF COUNTY COMMISSIONERS
SEMINOLE COUNTY, FLORIDA
MARYANNE MORSE
Clerk to the Board of
County Commissioners of
Seminole County, Flodda.
By:.
DARYL G. McLAIN, Chairman
.Date:
For the use and reliance of
Seminole County only. Ap-
proved as to form and legal'
sufficiency.
As authorized for execution
of County Commissioners at its
2003, regular meeting.
by the
Board
County Attorney
EXHIBIT F- Page 2 of 3 I
EXHIBIT
PARCEL NO. 100R &ECTZOll 77160-2441& 77310-2502
PP NO. 242593 I & 240259 1
PART A)
THAT PORTION OF ~ ~ CSX ~ ~F-WAY ~
S~ ~ ~16 ~ ~ ~ 0~ ~ ~ 1774~ PAGE
1361~ ~C ~S OP B~ ~ ~ LYZNQ O~B~B OF
~ B~ZONB 3136+01.56 ~ 3143+1~.31 ~ ~ ~ ~ ~DA
~D
THAT PORTION OP THE A.~I, NDONED CSX ~ ~;~-O~-~Y ~
DEB~B~ IN P~C~ i (TA~ B~) OF ~ ~ ~ DE~ ~
1361, ~ ~ aP S~ ~t ~, LY~Q ~ZDE O~
~ ~ ~ ~P-WAY ~ ~ ~ ~ 417 ~ S~
aT'ION ~136+01.B6 ~T~Y ~ A ~0~ 17~6 F~ ~ O~ ~
~BPO~TATION ~=~F-~Y ~, B~ON 77310-2502.
PART c)
~ ~ ~ OF WAY O~ ~
n~8' · ---~ --~ v~ ~=~ ~TAZN~Q 4.10 A~ ~ 'OR
THE SZ 1/4 OF BE~TZON 27, TOWNSHIP 19
THE ABOVE LAND (PART C) BEING THE BA~E
RECORDB BOOK; 1863 PAGE 02,51, PUBLIC ~CORDE aP E~I~'T. NOT.E
FLORIDA,
Th:La leqal daacr:Lptton prepared
under ~ha d!rec~Clon of:
Joae ~ut~ h~o~, IX, P.L.S. No. 5160
Dep&~ ~nt o~
719 ~u~
~d, F1Q=Idl 32720
Reviged~ J~e R2; 1999
~F- Page 3 of 3
Prepared by and Return to:
LONNIE N. GROOT, ESQUIRE
Suite 22- SunTrust Bldg.
200 West First Street
Sanf0rd, FL 32772-4848
Parcel I.D. No.
QUIT CLAIM DEED
THIS QUIT CLAIM DEED made the day of , A. D. 2003, by
THE CITY OF SANFORD, FLORIDA, a Florida municipal'corporation, whose address is
300 North ParkAvenue, Sanford,. Florida 32771, hereinafter called the First Party, to the
JAMES H. DYSON and GREGORYW. DYSON, whose address is 1230 Kingston Avenue,
Alexandria, Virginia 22302, and hereinafter called the Second .Party.
WITNESSETH:
THAT THE FIRST PARTY, for and in consideration of the sum of Ten Dollars
($10.00) in hand paid by the said Second Party, the receipt whereof is hereby
acknowledged, does hereby remise, release and quit-claim unto the said Second Party
forever, all the right, title, interest, claim and demand which the said first party has in and
to the following described lots, piece or parcel of land; situate, lying and being in the
County of Seminole, State of Florida, to-wit:
SEE A i ~ ACHED.
TO HAVE AND TO .HOLD, the same together with all and singular the
appurtenances thereunto belonging or in anywise appertaining, and all the estate, right,
title, interest, lien, equity and claim whatsoever of the said First Party, either in law or
equity, to the only proper use, benefit and behalf of the said Second Party forever.
IN WITNESS WHEREOF, the said First Party has signed and sealed these presents
the day and year first above written.
A'FTEST:
CITY OF SANFORD
Janet R. Dougherty, City Cle~'k
Brady Lessard, Mayor
Date
EXHIBIT G - Page 1 of 2
covenants and agrees to indemnify and hol;d-the First Party harmless relative to the
condition of the property and any occurrences relating to the property.
iN WITNESS WHEREOF, the said First Party has signed and sealed these presents
the day and year first above Written. -
ATTEST:
CITY OF SANFORD
Janet R. Dougherty, City Clerk
Brady Lessard, Mayor
Date:
ATTEST:
Page 2 of 2
EXHIBIT I - Page 2 of 3 J
co
0
-- EXHIBIT I - Page 3 of 3
Prepared by and Return to:
LONNIE N. GROOT, ESQUIRE
Suite 22- SunTrust Bldg,
200 West First Street
Sanford, FL 32772-4848
parcel I.D, No.
QUIT CLAIM DEED
THIS QUIT CLAIM DEED made the __ day of , A. D. 2003, by
THE CITY OF SANFORD, FLORIDA, a Florida municipal corporation, whose address is
300 North Park Avenue, Sanford, Florida 32771, hereinafter called the First Par[y, to the
CAROLYN P. STENSTROM, Successor Trustee, of the Stenstrom Trust, whose address
is Post office Box 665, Sanford, Florida 32772, and hereinafter called the Second Party.
WITNESSETH:
THAT THE FIRST PAR'I'Y, for and in consideration of the sum of Ten Dollars
($10.00) in hand paid by the said Second Party, the receipt whereof is hereby
acknowledged, does hereby remise, release and quit-claim unto the said Second Party
forever, all the right, title, !nterest, claim and demand which the said first party has in and
to the following described lots, piece or parcel of land, situate, lying and being in the
County of Seminole, State of Florida' to-wit:
SEE ATTACHED.
TO HAVE AND TO HOLD, the same together with all and singular the
appurtenances thereunto belonging or in anywise appertaining, and all the estate, right,
title, interest, lien, equity and claim whatsoever of the said First Party, either in law or
equity, to the only proper use, benefit and behalf of the said Second Party forever.
IN WITNESS WHEREOF, the said First Party has signed and sealed these presents
the day and year first above written.
ATTEST:
CITY OF SANFORD
Janet R. Dougherty, City Clerk
Brady Lessard, Mayor
Date:
I:~Lng~Cilies~2003~anford~Quit Claim Deeds~Clty To Stefl~rom.wpd
iEXHIBIT J - Page 1 of 3
DRAINAGE EASE M_._E N__T_
THIS DRAIN/ GE EASEMENT is made and entered into this day of
, 20 ;3, by and between JAMES H. DYSON, JR. and GREGORY W.
DYSON, hereinafter ~'eferred lo as the GRANTORS, and CITY OF SANFORD, a Florida
Municipal Corporation, whose address is 300 North Park Avenue, Sanford, Florida 32771,
hereinafter referred to as GRANTEE.
WITNESSETH:
FORAND IN CONSIDERATION OF the sum of ONE AND NO/100 DOLLAR ($1.00)
and other good and valuable consideration, the receipt of which is hereby acknowledged,
GRANTORS do hereby grant and convey to the GRANTEE for its drainage purposes, with
full authority to enter upon, excavate, construct and maintain, as the GRANTEE and its
assigns may deem necessary, a drainage system consisting of ponds, pipes, ditches,
retention, percolation or disposal area or any combination thereof, together with
appurtenant drainage structures, over, under, upon, and through the following-described
lands situate in the County of Seminole, State of Florida, to-wit:
SEE LEGAL DESCRIPTION ATTACHED.
TO HAVE AND TO HOLD said easement and right-of-way unto said GRANTEE and
its assigns forever.
THE GRANTEE herein and its assigns shall f~ave the right to dear, keep clear and
remove from said right-of-way all trees, undergrowth, and other obstructions that may
interfere with location, excavation, operation or maintenance of the drainage or any
structures installed thereon by the GRANTEE'and its assigns, and the GRANTORS, their
successors and assigns agree not to build, construct or create, or permit others to build,
construct or create any buildings or other structures on said righl-of-way that may interfere
with the location, excavation, operation or maintenance of the drainage or any structures
installed thereon.
GRANTORS do hereby covenant with the GRANTEE, that they are lawfully seized
and possessed of the real estate above described, that have a-good' and lawful right to
convey the said easement and that it is free from all encumbrances.
This document prepared by:
Lonnie N. Gr0ot, Esquire
Address:
PO Box 4848
Sanford, Florida 32772
EXHIBIT H- Pag~ 1 of 4
IN WITNESS WHEREOF, the GRANTORS have hereunto set their hand and seal,
the day and year first above written.
ATTEST:
JAMES H. DYSON, JR.
A TTES T:
GREGORY W: DYSON
STATE OF FLORIDA )
COUNTY OF SEMINOLE )
I HEREBY CERTIFY that on this day, before me, an officer duly authorized to
administer oaths and take acknowledgments, personally appeared JAMES H. DYSON,
JR., who is personally known to me or who produced his Florida Driver's License as
identification and acknbwledged before me that he executed the same.
EXECUTED and sealed in the County and State named above this
A. D. 2003.
day of
(Affix Notarial Seal)
Notary Public; State of Florida
Printed Name
EXHIBIT H- Page 2 of 4 I
STA:7-E OF FLORIDA )
COUNTY OF SEMINOLE )
I HEREBY CERTIFY that on this day, before me, an officer duly authorized to
administer oaths and take acknowledgments, perso,qally appeared GREGORY W.
DYSON, who is personally known to me or who produced his Florida Driver's License as
identification and acknowledged before me that he executed the same.
EXECUTED and sealed in the County and State named above this
A. D. 2003.
day of
(Affix Notarial Seat)
Notary Public; State of Florida
Printed Name
EXHIBITH- Page 3 of 4 ]
Prepared by and Return to:
LONNIE N. GROOT, ESQUIRE
Suite 22- SunTrust Bldg.
200 West First Street
Sanford, FL 32772-4848
Parcel I.D. No.
THIS QUIT CLAIM DEED made the __ day of , A. D. 2003, by
THE CITY OF SANFORD, FLORIDA, a Florida municipal corporation, whose address is
300 North Park Avenue, Sanford, Florida 32771, hereinafter, called the First Party, to the
JAMES H. DYSON and GREGORYW: DYSON, whose address is 1230 Kingston Avenue,
. Alexandria, Virginia 22302; and hereinafter called the Second Party.
WITNESSETH:
THAT THE FIRST PARTY, for and in consideration of the sum of Ten Dollars
($10.00) in hand paid by the said Second Party, the receipt whereof is hereby
acknowledged, does hereby remise, release and quit-claim unto the said Second Party
forever, all the right, title, interest, claim and demand which the said first party.has in and
to the following described lots, piece 0r parcel of land, situate, lying and being in the
County of Seminole, State of Florida, to-wit:
SEE EXHIBIT ATTACHED.
TO HAVE AND TO HOLD, the same together with all and singular the
appurtenances thereunto belonging or in anywise appertaining, and all the estate, right,
title, interest, lien, equity and claim whatsoever of the said First Party, either in law or
equity, to the only proper use, benefit and behalf of the said Second Party forever.
PROVIDED FURTHER that the property is taken "as is" by the Second Party with
no warranty of fitness for any purpose being given by the First Party and the Second Party
?age ! 0£2
_EXHIBIT I- Page I of 3 I
SKETCH O? D $CRIPTION
~..~ __ __ -~-- ~ __ s89°49'o9°S/
?3,~o~&O,
S£MINOL£ COUNTY
ENGINEERING DEPARTMENT
SURVEY SECTION ""
520 W. LAKE MARY BLVD.
SANFORD, FLORIDA 32773
(407)665-2500 EXT.5647
NOT VALID WITHOUT THE ~GNATURE AND THE
ORIGINAL RAISED SEAL OF A FLORIDA UCENSEO
SURVEYOR AND MAPPER·
C, ARY A. LEIS~ P.L.S. FLA. CERT.~' 4.723
SHEET 1 OF 2
, LEGEND~'
,G. C[.NmAL ANGLE (D~TA)
R - RADIUS
C/L -- CENlrF, RLINE
EXHIBIT J - Page 2 of 3 I
I
SCALe 1'=200'
o~vm~ L.W.
CI~.~I(~D I!1':
LEGAL DESCRIPTION
THAT PORTII1N OF 'THE FORMER RAIL ROAD RIGHT-DF-WAY AS SHOWN DN THE
RIGHT-OF-WAy AND TRACK MAP V. 31o FLA/I. DATED JUNE 30, tgt7.
BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS,
COMMENCE AT THE NW CORNER OF SECTION 34, TOWNSHIP 1'9 ~:, RANGE 30 E, THENCE RUN
Nflg'49'Dg°E A DISTANCE OF t320.60 FEET ALONG THE NORTH LINE DF THE NW t/4o
SECTION 34 TD THE NE. CORNER DF THE NW. I/4 DF THE NW t/4 SAID SECTION 34~
THENCE RUN SOO'I4'DO'E A DISTANCE DF 59.25 FEET ALONG THE EAST LINE OF SAID NW
I/4 OF THE NW t/4 TO THE POINT DF DEGINNINGo SAID PAINT LYING ON THE NORTH
RIGHT-DF-WAY LINE OF THE FARMER S.C.L. RAIL ROAD; THENCE CONTINUE SO0'14'O0"E A
DISTANCE DF GO.OW ALONG SAID EAST LINE TD A POINT DN THE NORTH RIGHTzflF-WAy
LINE DF STATE ROAD 417 (SECTION 773t0-250~), SAID PAINT LYING DNA NON-TANGENT
CURVE £DNCAVE TI] THE SOUTH HAVING A RADIUS OF 269&.48 FEET~ THENCE FRaM A
CHORD BEARING OF S~7'33'55"W RUN WESTERLY ALONG THE SAID NORTHERLY
RIGHT-OF-WAY LINE AND THE ARC DF SAID CURVE THROUGH A CENTRAL ANGLE DF
1t'54'07' A DISTANCE OF 560.13 FEET; THENCE RUN NOB'~3'OB"W A DISTANCE DF ~.Ot
FEET TO A POINT ON THE NORTH RIGHT-OF-WAY LINE DF SAID FARMER SILL. RAIL ROAD~
THENCE RUN Nflt'35'27"E ALONG SAID NORTH LINE DF RAIL ROAD RIGHT-OF-WAY A
DISTANCE OF 564.74 FEET TD THE PAINT DF BEGINNING.
CONTAINING 121.42 SQUARE FEET MORE nR LESS.
!SURVEYOR'S NOTES
I1. THIS IS NOT ~ SU.R. VEY. .
2. UNDERGROUND UThJTIES AND/OR IMPROVEMENTS NOT LOCATED.
5. SURVEYOR HAS NOT ABsI'RA~IED THE LAND SHOWN HEREON. THF_
ABOVE REFERENCED PROPERTY MAY BE SUBJECT TO EASEMENTS
AND I,~ESTRtC'II(}NS O~ RI.'CORI), II-' ANY.
4. ROAD RIGHT-OF-WAY TO BE VACATED IN.TI-Ir FUTURE.
SHEET 2 OF
LEGEND
00-059
RE~ASIONS
nm.D D~'~ N/A
REVISIONS
REQUESTED BY:
This document prepared by:.
Warren Lewis, Analyst, Right-of-Way Sec.
Seminole County Engineering
520 W. Lake Mary Blvd., Suite 200
San-ford, Florida 32773
Leg~ Description and Drawing
Prepared Under the Direction o~ '
Steve L. Wessels, P.L.S.,County Surveyor
Seml-ole County Enkindling
520 W. I~ke M~7 Blvd., Suite 200
Senford, Florida 32773
DRAINAGE EASEMENT
Tlq~fl DRAINAGE F_,ASE~ is made and entered into this day of
· 2000, by end between as successor Carolyn P. StensIrom, A/K/A
Carolyn Stenstrom Trustee of that ce~ain Trust Agreement dated November 28, 1984, whose
address is c/o Stenstrom Realty, Inc. 2565 Park Drive, Sen_ford, Florida 32773 hereinafk~r called
the GRANTOR, end SEMINOLE COUNTY, a political subdivision of the State of Florida,
whose address is Seminole County Services Building, 1101 East First Street, Sanford, Florida
32771, here~ referred to as the GRANTEE; '
WITNESSETH:
FOR AND IN CONSIDERATION OF the sum of ONE AND NO/100 DOLLAR
($1.00) and other goOd and valuable consideration, the receipt o£which is hereby acknowledged,
pmument easement and rig/at-of-way for drainage purposes, with fu~ authority to
enter upon, desfltrate, sump, excavate, construct, end maintain, as the GRANTEE and its assigns
may deem necessary, a drainage system consisting of pipes, ditches, detention, percolation or
disposal areas or eny combination thereof, together with appurtenant drainage structures, over,
under, upon, and through the following described lends si~e in the County of Semlnole, State
of Florida, to-wit: .
See Sketch of Description and Legal Description Attached As
Exhibit
TO HAVE AND TO HOLD sa/d easement and right-of-way unto sa~d GRANTEE and
its assigns forever.
TH'E, GRANTE~ herein and its aas/gns shall have the right to clear, keep clear and
remove fi.om said right-of-way all trees, undergrowth and other obstructions that may int~fere
with location, excavation, operation or maintenance of the of the drainage or any structures
installed thereon by the GRANTEE and its assigns, and the GRANTOR, her successors and
assigns agree not to build, construct or create, or permit others to build, construct or create any
buildings or other structures on said right-of-way that may interfere with the location, exeav~org
operation or maintenenee or any structures installed thereon
.GRANTOR does hereby covenant with the GRANTEE, that she is lavaeully seized and
possessed of the real estat~ above described, that she has a good end lawful right to convey the
said easement and that it is flee fi.om all encumbrances. '
P~ 1 o£2
I'"EXHIBlTK-Pagelof4 J
I~ WITNESS W'[~REOF, the GRANTOR has hereunto set her hand and seal, the day
and year-first above written.
WITNESSES:
(Sign)
Print Name:
(sign)
Print Name:
Carolyn P. Stenstrom, A/K/A
Carolyn Ste~nm'om, as Successor Trustee,'
Grantor
STATE OF FLOR]DA
couNvv
)
)as
)
The foregoing instrument was acknowledged before me this __ day of ,2000, by
Carolyn P. Stenstrom, A/K/A Carolyn Stenstrom, as Successor Trustee of that Trust Agreement
dated November 28, 1984, a Single Persotk who is personally known to me or who has produced
oath. as identification and who did/did not take an
Print Name:
Notary Public in and for the County and State
Aforementioned
For the use ~-d reliance o.f Sev-lnole County only.
Approved as to form and legal sufficiency.
County Attorney
Pag~ 2 of 2
EXHIBIT K- Page 2 of 4 ]
,EKE TCH
$89'49'09'V
OF
DESCRIPTION
N89'51'40'£
VACATED
f
LIlT It
/
/
/
LIlT lO
PAP~-J~tT PARCEL TnTA[. AR£A EQNTAUqING tL98 ACRES FJ]R~ tlr LESS.
SEMINOLE COUNTY
ENGINEERING DEPARTMENT
SURVEY SECTION '-.
520 W. LAKE MARY BLVD.'
SANFORB, FLORIDA ,32773
(4-07)665-2500 EXT.5647
NOT VALID WITHOUT THE SIGNA]URE AND THE
ORIGINAL RAISED SEAL OF A FLORIDA LICF'HSED
SURVEYOR AND MAPPER.
GARY A. LEISE ~.L.S. FLA. CERT.~
SHEET 1 OF 2
LEGEND
CEt~IRAL /d~OC[ (DELTA)
RADIUS
R/W - R~GHr ~ WAY
c/~. -
~ ~:
EXHIBIT K- Page 3 of 4 I
PB -- PLAT BOOK
PO - PACE (S)
ORB - OFFIQN- RECKS BOOK
SEC ~. SEIIIIOt4 -
pCL - pARCEL
PC - POINT OF CURVA1URE
Pi - POINT OF
*PCC - POSIT OF COMPOUHD CURVE
M - MEASURED
p - PL*,T
F - FIELD
C -- CALCUI~TEO
P/L - PROPERTY U~IE
ESUT - EA~MENT
CHECKE~ BY:
LEGAL DESCRIPTION
THE WEST 45.00 FEET OF LOT 1! AND THE WEST 45,00 FEET OF LOT 10 LYING
NORTH DF THE SEABOARD COASTLINE RA[LROADo M.M. SMITHS SUBDIVISION, AS
RECORDED IN PLAT.BOOK 1o PAGE 55, DF THE PUBLIC RECORDS, SEMINOLE
COUNTY, FLORIDA,.
TDGETHER WITH THE WEST 45,00 FEET DF A :30,00 FDDT VACATED 'RDAD
RIGHT-DF-WAY.
CDHTIANING 36,577 SQUARE FEET MORE DR LESS,
SHEET 2 OF
SURVEYOR'S NOTES
THIS IS NOT A SURVEY,
UNDERGROUND UTILITIES AND/OR IMPROVEMENTS NOT LOCATED,
SURVEYOR HAS NOT ABSTRACTED THE' LAND SHOWN HEREON, THE
ABOVE REFERENCED PROPERTY MAY BE SUBJECT TO EASEMENTS
AND RESTRICTIONS OF RECORD, IF' ANY7 -
~. ROAD RIGHT-OF-WAY TO DE VACATED IN THE FUTURE.
LEGEND
BEARINGS I~ED ON :
I 3/3/03
2 3/3/03
5
4
*JOB ~ 00-039A
REVISIONS
REVI~tONS