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.
,
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SELVA LINKSIDE _
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A Florida General Partnershi ~'~
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LOUIS B. MacDONELL -+~ ~
Its General Partner ~~~
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JOHN A. MERRITT, III
Its General Partner
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STATE OF FLORIDA ) ~ ~
COUNTY OF DUVAL ) ~, 4 ~ :~
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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. JEN , ESQUIRE
City Attor y
CERTI~'IGATION
f certify this tb be a true and correct
copy o ~i~e r<r,,r~J in my t34iir.'V.
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