125 Jackson Road - Beaches Habitat Grant of EasementThis 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 n 201 0278539, OR BK 15444 Page 1957,
Number Pages: 5
Recorded 12/03/2010 at 09:24 AM,
JIM FULLER CLERK CIRCUIT COURT DUVAL COUNTY
R.E. No. 172134-0000 RECORDING $44.00
GRANT OF EASEMENT
This Grant of Easement made and executed thisl*' day of November, 2010, by and
between BEACHES HABITAT FOR HUMANITY, INC., a not for profit Florida corporation,
f/n/a HABITAT FOR HUMANITY OF THE JACKSONVILLE BEACHES, INC., whose
mailing address is 1671 Francis Avenue, Atlantic Beach, Florida 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 125 Jackson Road, Atlantic
Beach, Duval County, Florida, being more particularly described on Exhibit "A"attached hereto and
made a part hereof (the "Property"); 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 and sewer lines and
access across and under 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:
1. Grantor hereby grants to the Grantee, its successors and assigns, a non-exclusive
perpetual easement 25 feet in width and 230 feet along the Southerly lot line of the Property adjacent
to Jackson Road, and a 40 foot easement for access and utilities within the right of way of Taylor
Way to Jackson Road, said easements being identified and described by the map and legal
description on Exhibit `B" attached hereto and made a part hereof (the "Easement Areas"), to
construct, use, operate, lay, maintain, improve and/or repair subsurface water and sewer pipes and
associated equipment, on, along, over, through, across or under the Easement Areas, together with
reasonable ingress and egress upon, over and across the Property, as needed, to repair, maintain and
service the water and sewer lines, pipes, and associated equipment.
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 Area 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 water and sewer 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 improvements constructed on the Property
by Grantor; and
(c) After any installation, construction, repair, replacement or removal of any water
and sewer 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, and further that Grantee shall
maintain said utilities in perpetuity.
4. This Grant of Easement and the obligations of Grantor and Grantee shall be deemed
covenants running with the land 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]
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:
Y*'
Witness
Print name bell signature
Witness
Print name below signature
STATE OF FLORIDA
COUNTY OF DUVAL
BEACHES HABITAT FOR HUMANITY, INC.,
a Florida not for profit corporation, f/n/a
HABITAT FOR HUMANITY OF THE
JACKSONVILLE BEACHES, INC.
By; '1�W°�
HAYWOOD Ki. BALL
Vice President — Real Estate
,1a
[Affix Corporate Seal] r
The foregoing instrument was acknowledged before me this 0 y of November, 2010,
by HAYWOOD M. BALL, as Vice President- Real Estate of BEACHES HABITAT FOR
HUMANITY, INC., a Florida not for profit corporation, f/n/a HABITAT FOR HUMANITY
OF THE JACKSONVILLE BEACHES, INC., on behalf of the corporation, the Grantor named
therein, who [X] is personally known to me or [ ] produced a Florida drivers license as
identification [check one].
"r +" JENNIFER M.HEISE-CRUZ St to of Fl4fyat Large
MY COAkJISSION Y EE 036607
EXPIRES: November 11, 2014
Pf•^ Bonded Thm Notary Publk Undewters • •. .�... • • • ✓` • . . /�... ]
Print name below signature
[Affix Notary Stamp] My Commission Expires: Ni) y I 14
My Commission No.: E -v -j(Q DC-
EXHIBIT A `-11
PART OF BLOCK 14 r H. DONNER'S SUBDIVISION, AS RECORDED IN PLAT BOOK 8,
PAGE 4 OF THE CURRENT PUBLIC RECORDS OF DUVAL COUNTY, FLORIDA; MORE
PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE INTERSECTION OF THE
'NEST LINE OF SAID GOVERNMENT LOT 2 ANDO
THE NORTH LINE , JACKSON ROAD
AS SHOWN ON PLAT OF DONNER'S REPLAT, PLAT BOOK19PAGE 16 PUBLIC
RECORDS OF DUVAL COUNTY, FLORIDA, THENCE RUNNING FEE AST ON THE NORTH LINE
198
OF SAID JACKSON ROAD IF EXTENDED EAST T TO THE EAST LINE OF A
10 FOOT ALLEY AS SHOWN ON SAID DONNER'S REPLAT; THENCE SOUTH ALoNr,
SAID ALLEY 11,00 FEET TO THE NORTH LINE OF A 10 FOOT ALLEY ALSO SHOWN ON
SAID DONNER'S REPLAT AND THE POINT OF BEGINNtNG;THENCE EAST ALONG SAID
ALLEY 230.00 FEET TO A POINT, THENCE NORTH AND PARALLEL WITH THE FIRST
MENTIONED 10 FOOT ALLEY 188.00 FEET TO A POINT, THENCE WEST AND PARALLEL
WITH THE SECOND MENTIONED 10 FOOT ALLEY 230-00 FEET TO THE EAST LINE OF
THE FIRST MENTIONED 10 FOOT ALLEY, THENCE SOUTH ALONG SAID 10 FOOT ALLEY
A DISTANCE OF 188-00 FEET TO THE POINT OF BEGINNING.
Exhibit A - Page I of 1
MAP OF
A PART OF BLOCK 14, E. H. DONNER'S SUBDIVISION, AS RECORDED IN PLAT BOOK 8, PAGE 4
OF THE CURRENT PUBLIC RECORDS OF DUVAL COUNTY, FLORIDA; MORE PARTICULARLY
DESCRIBED AS FOLLOWS: COMMENCING AT THE INTERSECTION OF THE WEST LINE OF SAID
GOVERNMENT LOT 2 AND THE NORTH LINE OF JACKSON ROAD, AS SHOWN ON PLAT OF
DONNER'S REPLAT, PLAT BOOK 19, PAGE 16 PUBLIC RECORDS OF DUVAL COUNTY, FLORIDA;
THENCE RUNNING EAST ON THE NORTH LINE OF SAID JACKSON ROAD IF EXTENDED EAST 198.00
FEET TO THE EAST LINE OF A 10 FOOT ALLEY AS SHOWN ON SAID DONNER'S REPLAT; THENCE
SOUTH ALONG SAID ALLEY 11.00 FEET TO THE NORTH LINE OF A 10 FOOT ALLEY ALSO SHOWN
ON SAID DONNER'S REPLAT AND THE POINT OF BEGINNING; THENCE EAST ALONG SAID ALLEY
230.00 FEET TO A POINT, THENCE NORTH AND PARALLEL WITH THE FIRST MENTIONED 10 FOOT
ALLEY 25.00 FEET; THENCE WEST AND PARALLEL WITH THE SECOND MENTIONED 10 FOOT ALLEY
67.00 FEET; THENCE NORTH AND PARALLEL WITH THE FIRST MENTIONED 10 FOOT ALLEY 143.00
FEET; THENCE WEST AND PARALLEL WITH THE SECOND MENTIONED 10 FOOT ALLEY 40.00 FEET;
THENCE SOUTH AND PARALLEL WITH THE FIRST MENTIONED 10 FOOT ALLEY 143.00 FEET;
THENCE WEST AND PARALLEL WITH THE SECOND MENTIONED 10 FOOT ALLEY 123.00 FEET TO
THE EAST LINE OF THE FIRST MENTIONED 10 FOOT ALLEY, THENCE SOUTH ALONG SAID 10 FOOT
ALLEY A DISTANCE OF 25.00 FEET TO THE POINT OF BEGINNING.
NOTES:
1)THIS IS A MAP ONLY.
2)BEARINGS BASED ON THE NORTH
LINE OF JACKSON ROAD, BEING DUE
EAST, AS PER OFFICIAL RECORDS
BOOK 8603, PAGE 1981.
0 25 50 100 150
I
SCALE: 1" = 50'
'NOT VALID WITHOUT RIE SIGNATURE AND DIE
ORIGINAL RAISED SEAL OF A FLORIDA LICENSED
SURVEYOR AND MAPPER.'
. I � LL -1-
1 -DON". BOATWRIGHT, P.S.M.
FLA. LIC. SURVEYOR AND MAPPER No. LS 3295
FLA. LIC. SURVEYING & MAPPING BUSINESS No. LB 3672
CHECKED BY: BOATWRIGHT LAND SURVEYORS, INC.
DRAWN BY: SWC 1500 ROBERTS DRIVE DATE: ocToBFR n. 2010
FILE #: 2010-0659 JACKSONVILLE BEACH, FLORIDA 241-8550 SHEET 1 OF
EXHIBIT IIBII
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NOTES:
1)THIS IS A MAP ONLY.
2)BEARINGS BASED ON THE NORTH
LINE OF JACKSON ROAD, BEING DUE
EAST, AS PER OFFICIAL RECORDS
BOOK 8603, PAGE 1981.
0 25 50 100 150
I
SCALE: 1" = 50'
'NOT VALID WITHOUT RIE SIGNATURE AND DIE
ORIGINAL RAISED SEAL OF A FLORIDA LICENSED
SURVEYOR AND MAPPER.'
. I � LL -1-
1 -DON". BOATWRIGHT, P.S.M.
FLA. LIC. SURVEYOR AND MAPPER No. LS 3295
FLA. LIC. SURVEYING & MAPPING BUSINESS No. LB 3672
CHECKED BY: BOATWRIGHT LAND SURVEYORS, INC.
DRAWN BY: SWC 1500 ROBERTS DRIVE DATE: ocToBFR n. 2010
FILE #: 2010-0659 JACKSONVILLE BEACH, FLORIDA 241-8550 SHEET 1 OF
EXHIBIT IIBII