Grant of Easement - 1738 Selva Marina Drive 5-15-18.pdfThis instrument was prepared by:
Ruth K. McDonald, Esq.
Hathaway & Reynolds, PLLC
50 A1A North, Suite 108
Ponte Vedra Beach, FL 32082
(904) 280-5575
GRANT OF EASEMENTS
This Grant of Easements made and executed this /S4\ day of /11a V , 2018
by and between V. Allison W. Forsyth, whose mailing address is 1738 Selv4 Marina Drive,
Atlantic Beach, FL 32233 (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 at 110 and 120 Jackson Road,
Atlantic Beach, Duval County, Florida, being more particularly described on Jxhibit "4 "attached
hereto and made a part hereof (the "Property"), which Property is not the homestead of Grantor;
and
WHERAS, Grantor intends to subdivide the Property into four (4) lots and has submitted
an application for plat map approval to Grantee, said plat to be known as Jackson Plat; and
WHEREAS, Grantor desires to grant and Grantee wishes to receive a non-exclusive
easement for the installation, use, operation, repair, replacement and maintenance of water, sewer
and drainage improvements and access across and under certain portions of the Property, and for
right of way, ingress and egress across certain portions of the Property;
NOW THEREFORE, in consideration of Ten and No/100 Dollars ($10.00) and other good
and valuable consideration, the receipt of which is hereby acknowledged, the Grantor and
Grantee hereby agree as follows:
1. Grantor hereby grants to the Grantee, its successors and assigns, a non-exclusive
perpetual easement 15 feet in width and 125 feet along the Northerly lot line of the Property, said
easement being identified and described by the legal description on Exhibit "B" attached hereto
and made a part hereof (the "Utility Easement Area"), to construct, use, operate, lay, maintain,
improve and/or repair subsurface water and sewer lines, facilities, pipes, improvements and
associated equipment, and to construct, use, operate, lay, maintain, improve and/or repair
drainage facilities, lines, improvements, associated equipment and pipes, to be subsurface and/or
surface, on, along, over, through, across or under the Utility Easement Area, together with
reasonable ingress and egress upon, over and across the Property, as needed, to repair, maintain
and service said lines, pipes, facilities, improvements and associated equipment.
2. Grantor hereby grants to the Grantee, its successors and assigns, a non-exclusive
perpetual easement 10 feet in width and 125 feet along the Northerly lot line of the Property, said
easement being identified and described by the legal description on Exhibit "C" attached hereto
and made a part hereof (the "Right of Way Easement Area") for purposes of vehicular and
pedestrian access, right of way, ingress and egress over and across the Right of Way Easement
Area.
00968937-3
3. Grantor reserves the right and privilege to use and occupy and to grant to others the
right to use and occupy the Utility and Right of Way Easement Areas for any purpose which is not
inconsistent with the rights herein granted to Grantee and which does not interfere with the rights
herein granted to Grantee. No impervious surface improvements may be constructed in the Utility
or Right of Way Easement Areas without prior written consent of Grantee, except driveways and
walkways for ingress and egress to each lot on the Property constructed in accordance with valid
building permits issued by Grantee.
4. By the acceptance and recording of this instrument in the Official Records of Duval
County, Florida, Grantee agrees that:
(a) All water and sewer lines, pipes, facilities, improvements and associated
equipment installed, operated and maintained by Grantee shall at all times be beneath the surface
of the Utility 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) All drainage lines, pipes, facilities, improvements and associated
equipment installed, operated and maintained by Grantee may be located subsurface and/or on
the surface (e.g., swales) of the Utility Easement Area;
(c) Grantee shall exercise the easement rights conveyed herein in a manner which
will not unreasonably interfere with use and occupancy of improvements constructed on the
Property by Grantor; and
(d) After any installation, construction, repair, replacement or removal of any
improvements or equipment as to which easement rights are herein 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, any lawfully
installedpaving or other impervious surfacing existing prior to such installation, construction, repair
or replacement; and
(e) Further that Grantee shall maintain said utilities in perpetuity.
5. This Grant of Easements and the obligations of Grantor and Grantee shall be
deemed covenants running with the land and shall inure to the benefit of and be binding upon
the Grantor and Grantee and their respective and successors and assigns.
[THIS SPACE IS INTENTIONALLY LEFT BLANK; SIGNATURE PAGE TO
FOLLOW]
00968937-3 2
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:
Pt
Prin
"GRANTOR"
fitness Name"Rini Judea &. V. Allison W. Forsyth
Print Witness Name: Dal - L • 13eze4-1e,
STATE OF FLORIDA
COUNTY OF DUVAL
The foregoing instrument was acknowledged before me this /5611' day of
2018, by V. Allison W. Forsyth, the Grantor nameerein
dh ho [
, w ]
is persc pally known to me or [ V] produced a Florida driver's license as identification [check
one].
3•DONNA t, BARTLE
"„:
zq• �' MY COMMISSION # GG 078627
e.__ EXPIRES: May 14, 2021
,/,OF „;°.• Bonded 7h1u Notary PubttUriderriters
7
Notary Public
Name: /id n inti- L
Commission Expiration Date: 6//VZO2
Commission Number: 6-G 7 s ,
00968937-3 3
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:
"GRANTEE"
CITY OF ATLANTIC BEACH, a Florida
municipal corporation
By:
Print Witness Name: DonJ +I Name: T GG 2 -f
rint Witness Name: / V7njre /ver- r
STATE OF FLORIDA
COUNTY OF DUVAL
Title: C r Y ✓t'�—
The foregoing instrument was acknowledged before me this 7 day of
P919 , 2018, by Jo e. Gey -r -i , the
Ci -( rr a n a e of the City of Atlantic Beach, a Filorida municipal corporation,
the Gra ee namederein, on behalf of the corporation, who [ ✓jis personally known to me or [
] produced a Florida driver's license as identification [check one].
.747.71/1/L._
age_iz
tary Public
ame: t; ve
Commission Expiration Date
Commission Number:
00968937-3 4
YVONNE CALVERLEY
., ' ' �'• MISSION,#:EF 976537
.��cr. EXPIRES. July 29, 2029
%torn$.•Bonded Thru Notary Public UndetwrItets
BIT A
A PART OF LOT 15, E.H. DONNER'S SUBDIVISION AS RECORDED IN PLAT BOOK 8,
PAGE 4 OF THE CURRENT PUBLIC RECORDS OF DUVAL COUNTY, FLORIDA AND
BEING IN SECTION 17, TOWNSHIP 2 SOUTH, RANGE 29 EAST, CITY OF ATLANTIC
BEACH, DUVAL COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS:
BEGINNING AT THE NORTHWES 1ERLY CORNER OF SAID LOT 15; THENCE SOUTH
89°59'54" EAST, ALONG THE NORTHERLY LINE OF SAID LOT 15, A DISTANCE OF 125.00
FEET; THENCE SOUTH 00°03'58" WEST ALONG A LINE PARALLEL TO THE WES 1'ERLY
LINE OF SAID LOT 15, A DISTANCE OF 125.00 FEET; THENCE NORTH 89°59'54" WEST
ALONG A LINE PARALLEL TO THE NORTHERLY LINE OF SAID LOT 15, A DISTANCE
OF 125.00 FEET; THENCE NORTH 00°03'58" EAST ALONG THE WESTERLY LINE OF SAID
LOT 15, A DISTANCE OF 125.00 FEET TO THE POINT OF BEGINNING.
00968937-3 5
Ec} t BIT B
A PART OF LOT 15, E.H. DONNER'S SUBDWISION AS RECORDED IN PLAT BOOK 8,
PAGE 4 OF THE CURRENT PUBLIC RECORDS OF DUVAL COUNTY, FLORIDA AND
BEING IN SECTION 17, TOWNSHIP 2 SOUTH, RANGE 29 EAST, CITY OF ATLANTIC
BEACH, DUVAL COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS:
THE NORTHERLY 15 Feet OF THE FOLLOWING DESCRIBED LANDS.
BEGINNING AT THE NORTHWESTERLY CORNER OF SAID LOT 15; THENCE SOUTH
89°59'54" EAST, ALONG THE NORTHERLY LINE OF SAID LOT 15, A DISTANCE OF 125.00
FEET; THENCE SOUTH 00°03'58" WEST ALONG A LINE PARALLEL TO THE WESTERLY
LINE OF SAID LOT 15, A DISTANCE OF 125.00 FEET; THENCE NORTH 89°59'54" WEST
ALONG A LINE PARALLEL TO THE NORTHERLY LINE OF SAID LOT 15, A DISTANCE
OF 125.00 FEET; THENCE NORTH 00°03'58" EAST ALONG THE WES IERLY LINE OF SAID
LOT 15, A DISTANCE OF 125.00 FEET TO THE POINT OF BEGINNING.
00968937-3 6
EXHIBIT C
A PART OF LOT 15, E.H. DONNER'S SUBDIVISION AS RECORDED IN PLAT BOOK 8,
PAGE 4 OF THE CURRENT PUBLIC RECORDS OF DUVAL COUNTY, FLORIDA AND
BEING IN SECTION 17, TOWNSHIP 2 SOUTH, RANGE 29 EAST, CITY OF ATLANTIC
BEACH, DUVAL COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS:
THE NORTHERLY 10 Feet OF THE FOLLOWING DESCRIBED LANDS.
BEGINNING AT THE NORTHWESTERLY CORNER OF SAID LOT 15; THENCE SOUTH
89°59'54" EAST, ALONG THE NORTHERLY LINE OF SAID LOT 15, A DISTANCE OF 125.00
FEET; THENCE SOUTH 00°03'58" WEST ALONG A LINE PARALLEL TO THE WESTERLY
LINE OF SAID LOT 15, A DISTANCE OF 125.00 FEET; THENCE NORTH 89°59'54" WEST
ALONG A LINE PARALLEL TO THE NORTHERLY LINE OF SAID LOT 15, A DISTANCE
OF 125.00 FEET; THENCE NORTH 00°03'58" EAST ALONG THE WES 1'ERLY LINE OF SAID
LOT 15, A DISTANCE OF 125.00 FEET TO THE POINT OF BEGINNING.
00968937-3