Beaches Habitat easementLAW OFFICES
DONAHOO, BALL &MCMENAMY, P.A.
50 NORTH LAURA STREET, SUITE 2925
.IACKSDNVILLE, FLORIDA 32202
THOMAS M. DONAHOO'
HAYWOOD M. BALLt
WILLIAM B. MCMENAMY'
THOMAS M. DONAHOO, JR.
(904)354-8080
FAX: (904)791.9563
e-mail:hball(pZdonahooball.com
'BOARD CERTIFIED TAX LAWYER
tCERTIFIED CIRCUIT CIVIL MEDIATOR
JOHN W.OONAHOO
(1907 • 1993)
August 6, 2002
Robert S. Kosoy, P.E.
Director of Public Works
Department of Public Works
1200 Sandpiper Lane
Atlantic Beach, Florida 32233-4318
Re: Our File No.: 4260.061
Beaches Habitat Lots on Jasmine Street
Dear Mr. Kosoy,
Enclosed is original Grant of Non-Exclusive Easement for Utilities and Drainage dated
August 1, 2002 filed and recorded August 6, 2002 in Official Records Book 10602, at Pages 2349
through 2352, of the public records of Duval County, Florida. The language in paragraphs 2 and
3(c) was revised and approved by Alan Jensen prior to recording.
Should you have any questions, please give me a call.
HMB/cjs
Sincerely,
Haywood M. Ball
Enclosure
RECEIVED
cc: Alan Jensen, Esquire (w/enclosure)
Ralph Marcello (w/enclosure) AUG 0 7 200T
Tony Cianca (w/enclosure)
7:\HMB\Closings-Real Es+a+e\4260 Nabi+a+\061 Jasmine S+ree+\080602 L+r +o Kosoy re Easemen+.wpd ~an (~ ~~NQf1, Atty.
~~,~~I~ ~35`~" ~~~
This instrument was prepared by:
HAYWOOD M. BALL, ESQUIRE
DONAHOO, BALL & McMENAMY, P.A.
50 North Laura Street, Suite 2925
Jacksonville, Florida 32202
(904) 354-8080
Doc# 2002218598
Book: 10602
Pagges: 2349 - 2352
Filed 8 Recorded
08/06/200c^ 08:59:58 AM
JIM FULLER
CLERK CIRCUIT COURT
DUVAL COUNTY
TRUST FUND f E.50
RfCORDIH6 f 1?.00
GRANT OFNON-EXCLUSIVE EASEMENT
FOR UTILITIES AND DRAINAGE
This Grant of Easement made and executed this ~ ST day of /dv~us't" 2002
by and between HABITAT FOR HUMANITY OF THE JACKSONVILLE BEACHES, INC., a not
for profit Florida corporation, d/b/a BEACHES HABITAT, whose mailing address is Post Office
Box 50939, Jacksonville Beach, Florida 32240 (hereinafter called "Grantor"), and CITY OF
ATLANTIC BEACH, a Florida municipal corporation, whose address is 800 Seminole Road,
Atlantic Beach, Florida 32233 (hereinafter called "Grantee").
WITNESSETH:
WHEREAS, Grantor is the owner of the real property located in Atlantic Beach, Duval
County, Florida, identified by Property Appraisers Tax Parcel Identification Number 171020-0000,
and described as follows (the "Property");
Lots 3, 4, and 5, Block 203, SECTION "H" ATLANTIC BEACH, according to the
plat thereof as recorded in Plat Book 18, Pages 34 and 35, of the public records of
Duval County, Florida; and
WHEREAS, Grantor desires to grant anon-exclusive easement to Grantee for the
installation, operation, repair and maintenance of utilities and drainage over and across portions of
the Property.
NOW THEREFORE, in consideration of Ten and No/100 Dollars ($10.00) and other good
and valuable consideration, receipt of which is hereby acknowledged, the Grantor hereby agrees as
follows:
Page 1 of 3
Book. 10602 Page 2349
U
Book 10602 Rage 2354
in width along the front and rear lot lines and 5 feet in width along the side lot lines of each lot on
the Property as shown on Exhibit "A" attached hereto and made a part hereof (the "Easement Area")
to construct, operate, lay, maintain, improve and/or repair subsurface pipes and associated
equipment for utility services and drainage facilities, on, along, over, through, across or under the
Easement Areas, together with reasonable ingress and egress upon, over and ~aGross the Property,
as needed, to repair, maintain and service the utility lines, pipes, and associated equipment and to
read meters.
2. Grantor reserves the right and privilege to use and occupy and to grant to others the
right to use and occupy (i) the surface and air space over the Easement Areas for any purpose which
is not inconsistent with the rights herein granted to Grantee; and (ii) subsurface of the Easement
Areas for other utility services or other purposes which do not interfere with the rights herein
granted to Grantee. No hard surfaces may be constructed in the Easement Areas without prior
written consent of Grantee, except driveways and walkways for ingress and egress to each lot on the
Property.
3. By the acceptance and recording of this instrument in the Official Records of Duval
County, Florida, Grantee agrees that:
(a) All utility lines, pipes and associated equipment installed, operated and
maintained by Grantee shall at all times be beneath the surface of the Easement Areas provided that
the same may be temporarily exposed or removed to the surface when necessary or desirable for the
purpose of repairing and/or replacing the same;
(b) Grantee shall exercise the easement rights conveyed herein in a manner which
will not unreasonably interfere with use and occupancy of residential improvements constructed
upon the lots on the Property by Grantor; and
(c) After any installation, construction, repair, replacement or removal of any
utility lines or equipment as to which easement rights are granted, Grantee shall repair, replace and
restore in a manner reasonably acceptable to Grantor, the earth and/or fill, landscaping and planting
and any hard surfaces approved by Grantee existing prior to such installation, construction, repair
or replacement.
4, This Grant of Easement shall inure to the benefit of and be binding upon the Grantor
and Grantee and their respective and successors and assigns.
Page 2 of 3
Book 10fs02 I}age 2351
IN WITNESS WHEREOF, Grantor has caused these presents to be executed in its name and
its seal affixed the day and year first above written.
Signed and delivered in the
presence of:
W'tn s
. ...................................
Print name below signature
C... , +
'tness ,~y~~^ '`
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Print name below signature
HABITAT FOR HU1ViArNITY OF THE
JACKSONVILLE BEACHES, INC., a not
for profit Florida corporation, d/b/a
BEACHES HABITAT
By: ~ --
Haywood M. Ball, President
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STATE OF FLORIDA
COUNTY OF DUVAL
The foregoing instrument was acknowledged before me this L_ day of T
2002, by HAYWOOD M. BALL, as President of HABITAT FOR HUMANITY OF THE
JACKSONVILLE BEACHES, INC., a not for profit Florida corporation, d/b/a BEACHES HABITAT,
on behalf of the corporation, the Grantor named therein, who [X is personally known to me or [ ]has
produced a Florida drivers license as identification [ch n
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[Affix Notary Stamp] My Commission Expires:
My Commission No.:
T \NMB\Cbs:gs-Red Estate\4260 Na6rtet\002 MfscellaraousVasrrvne Gerd of Eesemenf.wpd
Page 3 of 3
EXHIBIT "A"
MAP OF:
LOTS 3, 4 ANO 5, BLOCK 203, SECTION "H" ATLANTIC BEACH, AS RECORDED IN
PLAT BOOK 18, PAGE 34 OF THE CURRENT PUBLIC RECORDS OF DUVAL COUNTY
FLORIDA ,
WEST FOURTEENTH (14TH) STREET
50' RIGHT-OF-WAY - o
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LOT 2, BLOCK 202
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NOTES:
1. THIS IS A MAP, ONLY.
2. ANGLES ARE AS PER PLAT.
3. THE NORTH ARROW WAS PROTRACTED FROM THE PLAT.
1. THERE ARE NO BUILDING RESTRICTION LINES AS PER
PUT THIS MAP WAS MADE FOR THE BENEFIT OF
. DONAH00, BALL & McMENAMY, P. A. AND IS IN
THE PROPERTY SHOWN HEREON LIES IN FLOOD COMPLIANCE WITH THE MINIMUM TECHNICAL
ZONE "X" (AREA OUTSIDE 500 YEAR FLOOD STANDARDS SET FORTH IN CHAPTER 61G17-6
PLAIN) AS DETERMINED FROM THE FLOOD OF THE FIORiDA ADMINISTRATIVE CODE.
INSURANCE RATE MAP, COMMUNITY PANEL
NUMBER 120075 0001 D, REVISED APRIL 17,
1989 FOR ATLANTIC BEACH, FLORIDA.
SNOT VALID WITHOUT THE SIGNATURE AND THE
ORIGINAL RAISED SEAL OF A FLORIDA LICENSED
wRVeroR AND MAPPER." DONN W. BOATWRIGHT,
FLORIDA LIC. SURVEYOR and MAPPER No. LS 3295
FLORIDA UC. SURVEYING Ec MAPPING BUSINESS No. LB 3672
piECKED 8Y:
DRAWN BY: JGJ BOATWRIGHT LAND SURVEYORS, INC.
DATE:
Fly; zoo2-a1s 1711 SOUTH 5th STREET,
JACK50NVIU.E BEACH, FLORIDA 241-8550 JULY 12, 2002
SHEET? OF!
Ai.Aly c. ~1vsEly
Attorney at Law
935 North Third Street
Post Office Box 50457
Jacksonville Beach, Florida 32240-0457
Telephone (904) 246-2500
August 7, 2002
James R. Hanson, City Manager
City of Atlantic Beach
800 Seminole Road
Atlantic Beach, FL 32233
RE: Jasmine Street Easement
Dear Jim:
Facsimile (904) 24f--9960
I~Mail: AJensenLaw~aol.com
i~~cErvEr~
attr, p 7 2001
OFFICE OF THE CITY CLERK
Enclosed are copies of a letter together with the recorded Grant of Non-Exclusive Easement for
Utilities and Drainage in connection with Beaches Habitat lots on Jasmine Street. These are
provided for your information.
If you have any questions, please don't hesitate to contact me. The original recorded easement
should be delivered by Bob Kosoy to Maureen King to be kept in the City Clerk's office.
Very truly yours,
a. SEN
ACJ/tdb
Enclosure
Cc: Maureen King, City Clerk
Cc: Robert S. Kosoy, Director, Public Works
GJ.~..~.,, vtrc, ~ 6~-~~.-, ~ ~,~- ~ a,-..,
~ ~~- .
ALAN C. JENSEN
Attorney at Law
935 North Third Street
Post Oft"ice Bos 50457
Jacksonville Beach, Florida 32240-0457
Telephone (904) 246-2500
August 7, 2002
James R. Hanson, City Manager
City of Atlantic Beach
800 Seminole Road
Atlantic Beach, FL 32233
RE: Jasmine Street Easement
Dear Tim:
Facsimile (904) 246-9960
1~Mai1: AJensenLaw~aol.com
Enclosed are copies of a letter together with the recorded Grant of Non-Exclusive Easement for
Utilities and Drainage in connection with Beaches Habitat lots on Jasmine Street. These are
provided for your information.
If you have any questions, please don't hesitate to contact me. The original recorded easement
should be delivered by Bob Kosoy to Maureen King to be kept in the City Clerk's office.
ACJ/tdb
Enclosure
Cc: Maureen King, City Clerk
Cc: Robert S. Kosoy, Director, Public Works
very truly yours,