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Easement~~ r , "` ~. PREPARED BY AND RETURN TO: ~~~"~ Alan C. Jensen, Esquire P.O. Box 50457 ~~~~~(~~` ~~~~~~. Jacksonville Beach, FL 32240 GRANT OF_EASEMENT THIS INDENTIIRE made and entered into this j ~ ~ day of )~,,,~,- , 1991, by and between SELVA LINKSIDE, a Flo it da General ~ r~ 's Partnership, 241 Atlantic Boulevard, Neptune Beach, Florida 32266, Grantor; and CITY OF ATLANTIC BEACH, a municipal corporation, 716 ~--' Ocean Boulevard, Atlantic Beach, FL 32233, Grantee. WHEREAS, Grantor is the owner of certain real property located in Selva Linkside, a Planned Unit Development, in Atlantic Beach, Florida, and WHEREAS, it is across and under the repair of certain drainage lines, and necessary for Grantee to have an easement over lands owned by Grantor utilities, including the like, and for the maintenance and underground stormwater WHEREAS, Grantor has agreed in consideration of the sum of Ten Dollars ($10.00) and other good and valuable consideration, the receipt of which is hereby acknowledged, to grant to Grantee and all other persons claiming by, through, or under Grantor, or either of them, their predecessors in title, or their heirs, assigns, or legal representatives by virtue of any deeds of conveyances describing land located in Selva Linkside as recorded in Plat Book 44, pages 23 and 23A, of the current public records of Duval County, Florida, an easement or right-of-way over, across, and under the property described herein, for the purposes and the manner expressed herein. NOW, THIS INDENTIIRE WITNESSETH: That, pursuant to this agreement and in consideration of Ten Dollars ($l0.OG} and other good and valuable consideration, the receipt of which is hereby acknowledged, Grantor hereby grants unto Grantee, its heirs and assigns, and to all others likely situated as described above, and their heirs and assigns, the following easement: A perpetual, unobstructed easement for stormwater drainage and the maintenance and repair thereof as necessary, under and across the following described property: The West 5.0 feet of the South 99.5 feet of Lot 79 and the East 5.0 feet of the South 99.5 feet of s ~ ~~~~~ ' Lot 78 of Selva Linkside, according to plat thereof ~C~~~~~~ ~ corded in Plat Book 44, pages 23 and 23A of ~e current public records of Duval County, Florida. This easement is given upon the strict condition that Grantee shall restore that portion of the surface of the properties described above disturbed during any maintenance or repair of the utilities, and further that Grantee shall maintain said utilities in perpetuity. This easement and the obligations of Grantor and Grantee hereunder shall be deemed covenants running with the land and shall bind and inure to the benefit of the successors and assigns of both. IN WITNESS WHEREOF, the Grantor has set its hand and seal on the date first above written. , _., ~ SELVA LINKSIDE _ `"-'.,_! o~ L ` ; -~ ~ ~ A Florida General Partnershi ~'~ p .: .. ~ , r :~. Q CT'+ LOUIS B. MacDONELL -+~ ~ Its General Partner ~~~ " ~- i r" 4~ ~ + I'~ ~ rt % ~, ~'~-s°1~-~- JOHN A. MERRITT, III Its General Partner ~ ~ STATE OF FLORIDA ) ~ ~ COUNTY OF DUVAL ) ~, 4 ~ :~ -~ ~ Before me this day personally appeared LOUIS B. MacDONELL~~ ~. =~ ~ JOHN A. MERRITT, III, General Partners of SELVA LINKSIDE, a Flo~.d "~7 .:. General Partnership, to me well known and known to me to be ~ he o -- individuals described in and who executed the foregoing instrum~t, ,~. and they acknowledged before me that they executed the same for`the Q+ purposes therein expressed. . ~h WITNE my~hand end fici seal this ~ ~' "` day of U~'~(-~ 1991, at ,,at,~,c:~,#, ~:~,~L Vii,: ~ , Cou y and State aforesaid NOTARY PUBLIC , '- :,' - My Comm~.ss~on° Exp~.res: ~~~ ~~ -- Notary Public, Mate of Florida 1 My Commission Ex~'ees Se^t. 12, 1'913 Bonded Thru Trey ?...n - !n^:~ranee inc. PREPA~ZED BY AND RETURN TO: Alan C. Jensen, Esquire P.O. Box 50457 Jacksonville Beach, FL 32240 ORDINANCE NO. 90-91-154 rfII~ ~ ~ ~~ Q~~tGtAl. R~Ct~Rt~S AN ORDINANCE AMENDING ORDINANCE NO. 90-87-116 OF THE CITY OF ATLANTIC BEACH, ABANDONING A PLATTED EASEMENT OF LOTS 79 AND 80, SELVA LINKSIDE, UNIT 1, APPROVING A NEW EASEMENT ON LOTS 78 AND 79, SELVA LINKSIDE, UNIT 1, AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Commission passed Ordinance No. 90-87- 116 on April 13, 1987, which zoned certain property described therein as Planned Unit Development (PUD), and which PUD is known as Selva Linkside, and WHEREAS, Ordinance No. 90-87-116 provides, in part, that the property described therein is zoned PUD "in compliance with the application and plans on file with the City," and WHEREAS it is necessary for certain changes to be made in the plans approved as part of Ordinance No. 90-87-116 in order to facilitate minor adjustments to said plans, and said changes comply with the criteria set forth in Section 24-133 (c) of the Code of Ordinances. NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF ATLANTIC BEACH, FLORIDA: SECTION 1: The following changes to the plans of Selves Linkside, a Planned Unit Development, are hereby approved: (a) The City does hereby vacate and abandon that certain ten (10) foot wide drainage easement across Lots 79 and 80, Selva Linkside, Unit 1, as recorded in Plat Book 44, pages 23 and 23A of the current public records of Duval County, Florida. The abandonment of said easement shall become effective upon compliance by Selva Linkside with subsection (b) hereinbelow. (b) Selva Linkside shall grant to the City of Atlantic Beach a perpetual, unobstructed easement for stormwater drainage under and across the following described property: "The West 5.0 feet of the South 99.95 feet of Lot 79 and the East 5.0 feet of the South 99.95 feet of Lot 78 of Selva Linkside, according to the plat thereof as recorded in Plat Book 44, pages 23 and 23A of the current public records of Duval County, Florida." ` ~ ,~ Said grant of easement shall be in a form acceptable to the city, and the fees for recording said easement shall be paid by Selva Linkside. SECTION 2. This Ordinance shall take effect immediately upon its final passage and adoption. 28th this Attest: PASSED by the City Commission on first reading this day of May , 1991. PASSED by the City Commission on second and final reading 10th day of June 1991. '~h'V MA EEN KING, C' y C rk ILLIAM _. LLI Mayor, Presiding Approved as to form and correctness: C. 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