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
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Print me below signature ,,. °`'
/ . � / � ' (Affix Corporate Seal) o •
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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
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ARDELLA ROAD
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i 10' Dtcinage Easement
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CO NC . CONC. Request Along /-..-
• DRIVE DRIVE Existing Line
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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 „,.
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1 0' Drainage Easene ent Request _ . • .
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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.)