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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~~^ '` (~,,~~~ 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 ,~, ~ :: f, ~ : ~ -_ ~ .7 r ~~:.~ ~ S ~~ r i ~ f'~ . 1'd cJ J /~~~ [Affix Corporate,~~] ~ 3 ~~.~ ~ it, ~ ~.~ ? •. ~-- ~J ~t .' i . ti ' ~ ~^~ .r~rr ,jF~' , ~... ` ' i . ~Ju6:.~? ~~' 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 ~~~~~~~~Fil S 1 p i~~i~~ ~':; `'~ JAN '°~••~! % No ry ublic 9•.,1~ U':K 3 ~~__ St to of Florida at Large ~ ; 2005 ; *c • COMM 1 DD03d~41: ~'~,Z~T•~.°.:R;~~~G~~~~ Print name below signature ~~~~gRY'P`~````~~ [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 H _ - - - II Q J a } m I , N ° ° o I LOT 2, BLOCK 202 I ~ 02•~~~ LOT 2, BLOCK 203 s• unun cAStutrrr lo• 9 ~ LOT 3, BLOCK 203 10' d• ~O. 9b .~ ~ 0 ~ ~ ~ ~ I VACANT g I ~ LOT 3, BLOCK 202 > ~ > b ~ 10 I o ' y ~ >n s•.unun usEUU,a ~J 10 t02.0D' '^ LOT 3, BLOCK 203 ~- ~ W I w r s• unun uswo+r t0' ~ _ ~ LOT 4, BLOCK 203 to v ~ ~ ~ ~ ~~ ~ O w d O ~ 8~ VACANT I~ g O ~ LOT 4, BLOCK 202 Zm ~ ~2 ~ ~ W ~~ o -- -- -- - -o - Q w ~ ~ IO' „ _ _ s• unun eAS~wcNr 10' _ to2.oo' _ -° LOT 4, BLOCK 203 v s• unun cASEUO+r ~o• ~ LOT 5, BLOCK 203 ,v ~ VACANT I 8 LOT 5, BLOCK 202 ~ ~ ~ o o a~0 ~ e w• SQ b y i s' umm ¢ASeueNr s ~ LOT 5, BLOCK 203 ~ 02.00' LOT 6, BLOCK 203 I I I LOT 6, BLOCK 202 I I 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,