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Grant of Drainage Eastment - Beaches Habitat for Humanity, Inc. This instrument was prepared by: HAYWOOD M. BALL, ESQUIRE r , , , DONAHOO, BALL & McMENAMY, P.A. a s 50 North Laura Street, Suite 2925 a' > "d+ Jacksonville, Florida 32202 (904) 354 -8080 GRANT OF DRAINAGE EASEMENT This Grant of Easement made and executed this 6 day of August, 2008, by and between BEACHES HABITAT FOR HUMANITY, INC., a not for profit Florida corporation (hereinafter called "Grantor "), whose address is 1671 Francis Avenue, Atlantic Beach, Florida 32233 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 at 90 Ardella Road, Atlantic Beach, Duval County, Florida, identified as Property Appraiser's Tax Parcel Identification Number 172042 -0005, and described as follows (the "Property "): The West 42.95 feet of the East 92.95 feet of Lot 19,Block 16, as shown on but not included in Donner's Replat as recorded in Plat Book 19, Page 16 of the public records of Duval County, Florida, AND WHEREAS, it is necessary for Grantee to have an easement over, across and under a portion of the Property owned by Grantor for the maintenance of drainage improvements. 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: 1. Grantor hereby grants to the Grantee a non - exclusive, permanent and perpetual easement 10 feet in width along the pre- existing drainage pipe that runs through the Property as shown on Exhibit "A" attached hereto and made a part hereof (the "Easement Area "), together with reasonable ingress and egress upon, over and across the Property, as needed, to repair, maintain and service drainage improvements. 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 Area for any purpose which is not inconsistent with the rights herein granted to Grantee; and (ii) subsurface of the Easement Area for other purposes which do not interfere with the rights herein granted to Grantee. No hard surfaces may be constructed in the Easement Area without prior written consent of Grantee. 3. By the acceptance and recording of this instrument in the Official Records of Duval County, Florida, Grantee agrees that: (a) All drainage lines, pipes and associated equipment (other than the existing surface inlet, or upgrades to that inlet), installed, operated and maintained by Grantee shall at all times be beneath the surface of the Easement Area 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 on the Property by Grantor; and (c) After any installation, construction, repair, replacement or removal of any drainage 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 surface improvements, including, without limitation, the paving or other hard surfacing 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 heirs, personal representatives, successors and assigns. IN WITNESS WHEREOF, Grantor has caused these presents to be executed the date first above written. Signed and delivered in the BEACHES HABITAT FOR HUMANITY, presence of: INC., a t for profit Florida corporation ALA B • Woo Witness HAYWO M. BALL, Vice President — Real Estate � 1 Print me below signature ,,. °`' / . � / � ' (Affix Corporate Seal) o • Wi •� • , do 4 f� // /�c fry {�\ .{.7a� b X 11 ... ... � .111 Prin na below signature 2 STATE OF FLORIDA COUNTY OF DUVAL The foregoing instrument was acknowledged before me this i0' day of August, 2008, by HAYWOOD M. BALL, as Vice President -Real Estate of BEACHES HABITAT FOR HUMANITY, INC., a not for profit Florida corporation, f /n/a HABITAT FOR HUMANITY OF THE JACKSONVILLE BEACHES, INC., d/b /a BEACHES HABITAT, the Grantor named therein, who [personally known to me or [ ] produced a Florida drivers license as identification [check one]. No':ry Pub1i State of Flor . .. Large • Print name 8- low signature [Affix Notary Stamp] My Commission Expires: N 0si • 1 ( ez j) My Commission No. T I ''': "''• JENNIFER M. HEISE -CRUZ ,r MY COMMISSION # DD 610446 EXPIRES: November 11, 2010 4f Ott . Bonded Thru Notary Public Underwriters 3 i _ ARDELLA ROAD i '0 no' A � 1 i i 10' Dtcinage Easement I I CO NC . CONC. Request Along /-..- • DRIVE DRIVE Existing Line LL (': 0 9 9 x9:/ '> EY I I I . .. n I- < fl . .` , - 89°21:1. ONE STORY ONE STORY z . . �� 1 0.00' FRAME FRAME ou. ZI RESIDENCE RESIDENCE - �'.'. LOT 18 N. 88 No 90 / E.E.E. =13.61 ,-----\ CONC. WALK ,:/ , . . E E x h i b i t ONE STORY FRAME .�,.,. RESIDENCE N0, 94 I /-4 CH 0 ,Q` E.E.E. = 1 2.36 _ z 1 1 EINK „,. r 1 0' Drainage Easene ent Request _ . • . _4 Along Existing Line , i LN 105.05' ' X1.1' LAW OFFICES DONAHOO, BALL & MCMENAMY, P.A. 50 NORTH LAURA STREET, SUITE 2925 JACKSONVILLE, FLORIDA 32202 www.donahoobali.com THOMAS M. DONAHOO* (904) 354 -8080 HAYWOOD M. BALL FAX: (904) 791 -9563 WILLIAM B. McMENAMY' JOHN W. DONAHOO "BOARD CERTIFIED TAX LAWYER THOMAS M. DONAHOO, JR. (1907 -1993) EMILY R. KERNS August 6, 2008 Mr. Rick L. Carper, P.E. Public Works Director /City Engineer City of Atlantic Beach 1200 Sandpiper Lane Atlantic Beach, Florida 32233 RE: Our File No.: 4260.231 Ardella Road Easement Dear Rick: In connection with the above matter, I have enclosed the original Grant of Drainage Easement for recording. Please return to me a copy of the recorded easement for my file. Should you have any questions, please do not hesitate to give me a call. Sincerely, /...,1 Ha ood M. Ball HMB /jmh Enclosure cc: Mr. Ralph Marcello (w /encl.)