by 1/um~ - manatee clerk · 26/07/2016  · this indenture made this i.3_ day of (}uj~ , 20i6,...

17
THIS INSTRUMENT PREPARED BY: Charl es Meador, R eal Property Specia li st, Pr On Behalf of: Division Man ager, Property A Manatee Coun ty Property Man age ment Depa 111 2 Manatee Avenue West, Su ite 800 Bradenton , Florida 3420 5 PROJ ECT NA ME: Mallory Par k Phase I PROJ ECT# : ___/A PARCE L#: N/A PID#: 579900 1 09 ================================== =====SPACE ABOVE TH IS LINE FOR RECORD I NG DATA================================= ===== PERMANENT UTILITIES EASEMENT THIS INDENTURE made this i.3_ day of , 20I6 , between DIVOSTA HOMES, L.P., a Delaware limited whose mailing address is 3350 Peac ee Road Northeast, SUite I 50, Atlanta, Georg1a, 30326, as " Grantor," and MANATEE COUNTY, a political subdivision of the State of Florida, whose mailing address is Post Office Box I 000, Bradenton, Florida 34206, as " Grantee ," W IT N E S S E T H: THAT said Grantor, for and in consideration of the sum of $1.00 and other valuable consideration in hand paid, the receipt whereof is hereby acknowledged, has granted, bargained, sold, and transferred, and by these presents does grant, bargain, sell, and transfer unto Grantee, a nonexclusive, permanent easement for ingress, egress, construction, and maintenance of surface and/or underground drainage and utility facilities over, under, and across the property situate in Manatee County, State of Florida, more particularly described as Parcel Identification Number 579900 I 09 in Exhibit" A" attached hereto and incorporated herein by this reference. THAT said Grantor reserves unto itself, its heirs, successors or assigns, the right to the continued free use and enjoyment of the property herein described, for any purposes which are not inconsistent with the rights granted herein unto the Grantee. IN WITNESS WHEREOF, Grantor has hereunto set its hand and seal, the day and year above written. Signed, sealed, and delivered in the presence of: (S ignature of two witn esses req uired by l aw.) DIVOST A HOMES, L.P., a Delaware limited partnership By: DIVOSTA HOMES HOLDINGS, LLC, a Delaware limited liability company, its general partner Its: LltMJ PEvEZ..IJfM<Nr STATEOF COUNTY OF M ACC£PTED IN OPEN SESSION , • 7 BOARD OF COUNTY COMMISSIONERS, MANA COUNTY was acknowledged before me this __1:3_ day of J U, \ L1.. , 20 I6, by -=----'-'--=--=-----:.-=...!.........,__,___..:.......=.... """'--'"'--'--'-""'------.'1-- as 0\ ((" C toY - La nd of DiVosta Holdings, LLC, a Delaware limited as neral partner ofDiVosta Homes, L.P., a Delaware limited partnership, on behalf of the partnership, who is 0[_) personally known to me or (_) who has produced · as identification. Notary Public Seal: My Commission Expires: ff;b . \ '::> '2 0 2. 0 NOTARY PUBLIC, State of -f="lO \ Y-> 00\ n i el\e El n s Printed Name CA0-803 .2_Permanent U tiliti es Easement_RepCapacity _08/ 02/13 ,,,, ... ' ··m·\ v OANIELLE ELLIS { , : Notify Public - State of Florida %, .. ,31 Commission 11 GG 5353 ' "' ...... My Comm . Expires Feb 15. 2d20 ,,,,.,,

Upload: others

Post on 12-Aug-2020

3 views

Category:

Documents


0 download

TRANSCRIPT

Page 1: By 1/UM~ - Manatee Clerk · 26/07/2016  · THIS INDENTURE made this i.3_ day of (}uJ~ , 20I6, between ... and transfer unto Grantee, a nonexclusive, permanent easement for ingress,

THIS INSTRUMENT PREPARED BY: Charles Meador, Real Property Specialist, Pr On Behalf of: Division Manager, Property A Manatee County Property Management Depa 111 2 Manatee Avenue West, Suite 800 Bradenton, Florida 34205

PROJ ECT NAME: Mallory Park Phase I PROJ ECT#: ___/A PARCEL#: N/A PID#: 579900 109

=======================================SPACE A BOVE TH IS LINE FOR RECORD I NG DATA================================= =====

PERMANENT UTILITIES EASEMENT

THIS INDENTURE made this i.3_ day of (}uJ~ , 20I6, between DIVOSTA HOMES, L.P., a Delaware limited partnership~ whose mailing address is 3350 Peac ee Road Northeast, SUite I 50, Atlanta, Georg1a, 30326, as "Grantor," and MANATEE COUNTY, a political subdivision of the State of Florida, whose mailing address is Post Office Box I 000, Bradenton, Florida 34206, as "Grantee,"

W IT N E S S E T H:

THAT said Grantor, for and in consideration of the sum of $1.00 and other valuable consideration in hand paid, the receipt whereof is hereby acknowledged, has granted, bargained, sold, and transferred, and by these presents does grant, bargain, sell, and transfer unto Grantee, a nonexclusive, permanent easement for ingress, egress, construction, and maintenance of surface and/or underground drainage and utility facilities over, under, and across the property situate in Manatee County, State of Florida, more particularly described as Parcel Identification Number 579900 I 09 in Exhibit" A" attached hereto and incorporated herein by this reference.

THAT said Grantor reserves unto itse lf, its heirs, successors or assigns, the right to the continued free use and enjoyment of the property herein described, for any purposes which are not inconsistent with the rights granted herein unto the Grantee.

IN WITNESS WHEREOF, Grantor has hereunto set its hand and seal , the day and year above written.

Signed, sealed, and delivered in the presence of:

(S ignature of two witnesses required by law.)

DIVOST A HOMES, L.P., a Delaware limited partnership

By: DIVOST A HOMES HOLDINGS, LLC, a Delaware limited liabi lity company, its general partner

By 1/UM~ Its: f2~ccP'L:- LltMJ PEvEZ..IJfM<Nr

STATEOF fLO@h~~ COUNTY OF M ~f;

ACC£PTED IN OPEN SESSION , • 7 ~~~ BOARD OF COUNTY COMMISSIONERS, MANA COUNTY

was acknowledged before me this __1:3_ day of J U, \ L1.. , 20 I6, by -=----'-'--=--=-----:.-=...!.........,__,___..:.......=...."""'--'"'--'--'-""'------.'1-- as 0\ ((" CtoY- La nd ~, of DiVosta Ho~s Holdings, LLC, a Delaware limited liabili~company, as neral partner ofDiVosta Homes, L.P. , a Delaware limited partnership, on behalf of the partnership, who is 0[_) personally known to me or (_) who has produced · as identification.

Notary Public Seal:

My Commission Expires: ff;b . \ '::> '2 0 2. 0 NOTARY PUBLIC, State of -f="lO ~ \ Y-> 00\ n i el\e El n s

Printed Name

CA0-803.2_Permanent Utilities Easement_RepCapacity _08/02/13

,,,, ... ,,~ '

··m·\ v ~ OANIELLE ELLIS { , : Notify Public - State of Florida %, .. ~ ,31 Commission 11 GG 5353 ' "' ~ ...... ·-.:,~o. .-CI!:,,,,•' My Comm. Expires Feb 15. 2d20 ,,,,.,,

Page 2: By 1/UM~ - Manatee Clerk · 26/07/2016  · THIS INDENTURE made this i.3_ day of (}uJ~ , 20I6, between ... and transfer unto Grantee, a nonexclusive, permanent easement for ingress,

GENERAL NOTES:

NOW OR FORMERLY P.I.D. 579900109

NOW OR FORMERLY P.I.D. 579900109

This sketch is not valid without the signature and raised sea l of a Florida Licensed Surveyor and Mapper.

Corner monuments were not set in con junction with the preparation of this sketch.

This sketch does not purport to delineate the regulatory jurisdiction of any Federal, State or local agency.

-~!_'f_:__?!!J, Date of Signature

N89' 45'13"W 2,033.97' 136.43'

EAST 1 / 4 CORNER SECTION 5

CCR 106113

EAST LINE OF SOUTHEAST I 1/4 OF SECTION 5~

EXH IBIT "A"

SEE SHEET 1 FOR OVERALL SKETCH & NOTES SEE SHEET 2 FOR DETAIL SKETCHES, CU RVE TABLE

& DESCRIPTION

SCALE: 1"=400 '

a· 1oo· 200 ' 400' 800'

ABBREVIATIONS: P.I.D. = PARCEL IDENTIFICATION NUMBER

MANATEE COUNTY, FLORIDA SF = SQUARE FEET NT = NON-TANGENT PCC = POINT OF COMPOUND CURVATURE CCR = CERTIFIED CORNER RECORD

POINT OF COMMENCEMENT SOUTHWEST CORNER OF SECTION 4 &

SOUTHEAST CORNER OF SECTION 5

N . CXl

·"' "" . <D_ N

I~ ..... -:.r

' b 0 z

14

8 9

This is NOT a Survey and Not valid without all sheets.

TASK CODE:

470

10:17: 10 BCOLEMANIV:\2156\oct;ve\215612474\survey\drow;ng\sketch_desc\215612 4 74v-spsk07.dwg

19 EAST,

CAD FILE: PROJECT NO: SHEET

215612474v-spsk07 215612474 1 OF 2

6900 Professional Parl<way East. Sarasota, FL 3424().8.414 Phone 941-907-6900 • Fax 941-907.0910

Certificate of Auttotzalion #27013 • ww.v.stantec..com licensed Buftss Number 7866

DRAWING INDEX NO:

A2156 12474v-spsk07* REV:

Page 3: By 1/UM~ - Manatee Clerk · 26/07/2016  · THIS INDENTURE made this i.3_ day of (}uJ~ , 20I6, between ... and transfer unto Grantee, a nonexclusive, permanent easement for ingress,

....... ' CURVE TABLE

....... ....... ....... ....... CURVE RADIUS DELTA ARC CHORD CHORD BEARING

....... ....... ....... ....... Cl 677.50' 0'15'02" 2.96' 2.96' S18'53'55"W

....... ....... ....... ....... C2 677.50' 4'59 '05" 58.94' 58.92' S16' 16'52"W

POINT .......

BEGINNING C3 865.00' 1"55'21 " 29.02' 29.02' 579'41 'Ol''W

589"45' 13 "E 2,033.97' --------------------------------------------·

(FUTURE) ( --...... '-- ~LLORY PARK

SCALE: 1 "= 1 00 '

a· 25' so· 1 oo· 200'

DESCRIPTION (as prepared by the certifying Surveyor and Mapper):

A tract of land lying in Section 5, Townsh ip 35 South, Range 19 East, Manatee County, Florida and described as fo llows:

Commence at the southeast corner of said Section 5; thence N.00'14' 4 7"E., along the east line of the Southeast 1 I 4 of said Section 5, a distance of 2,654.82 feet to the East 1 I 4 corner of sa id Section 5; thence continue N.00' 14' 4 7"E., along the northerly extension of sa id east line of the Southeast 114 of said Section 5, a distance of 136.43 feet; thence N.89'45'13"W., a distance of 2,033.97 feet to the west right-of-way line of proposed Anchor Bay Trail, also being the poin t of curva ture of a non-tangent curve to the left, having a radius of 677.50 feet and a cen tral angle of 00' 15'02"; thence southerly along the arc of sa id curve and along said west right-of-way line, a distance of 2.96 fee t, sa id curve having a chord bearing arid distance of S.18'53'55"W., 2.96 feet, to the POINT OF BEGINNING, said point also being the point of compound curvature of a curve to the left having a radius of 677.50 feet and a central angle of 04'59'05"; thence southerly along the arc of said curve and along sa id west right - of- way line, a distance of 58.94 feet; thence S.36'07'22"W., a distance of 192.95 fee t to the north right-of - way line of proposed Mallory Park Avenue, also being the point of curvature of a non-tangent curve to the left, having a rad ius of 865.00 feet and a cen tra l angle of 0 1'55'21 "; thence westerly along the arc of said curve and along sa id north right-of-way line, a distance of 29.02 feet, said curve having a chord bearing and distance of S.79'41 '01 "W., 29.02 feet, to the point of tangency of sa id curve; thence N. 36'07'22"E. , along a line non-tangent to said curve, a distance of 269 .40 feet to the POINT OF BEGINNING.

Sa id tract contains 4,596 square feet or 0.1055 acres, more or less.

SEE SHEET 1 FOR OVERALL SKETCH & NOTES SEE SHEET 2 FOR DETAIL SKETCHES, CURVE TABLE

& DESCRIPTION

EXHIBIT "A"

This is NOT a Survey and Not valid without all sheets . FOR: Pulte Group, Inc. Apr 14 , 2016 - 10 :17 :1 0 BCOLEMANIV:\2 1 56 \ active\2 156 124 7 4\survey\drawing\sketch_ desc\2156 124 7 4v- spsk07.dwg

SKETCH & DESCRI PTION OF A PUBLIC UTILITY EASEMENT LOCATED IN SECTION 5, TOWNSHIP 35 SOUTH, RANGE 19 EAST, MANATEE COUNTY, FLORIDA

TASK CODE:

470 CAD FILE: PROJECT NO:

215612474v-spsk07 215612474 SHEET

2 OF 2

6900 Professional Parkway East, Sarasora, FL 34240-8414 Phone 941-907-6900 • Fax 941-907-0910

Certificate of Authorization #2701 3 • YNNt.stanttc..com l.Jcen9ed Busftss Number 7866

DRAWING INDEX NO:

A215612474v- spsk07* REV:

Page 4: By 1/UM~ - Manatee Clerk · 26/07/2016  · THIS INDENTURE made this i.3_ day of (}uJ~ , 20I6, between ... and transfer unto Grantee, a nonexclusive, permanent easement for ingress,

CONSENT TO OFFSITE UTILITY EASEMENT

LAKEWOOD RANCH STEWARDSHIP DISTRICT, an independent special district created by Local Bill No. 1429, codified at Chapter 2005-338, Laws of Florida, as amended ("District"), the owner and holder of that certain lien upon all or a portion of the property described on Exhibit "A" hereto by virtue of Benefit Special Assessments in favor of District, does hereby consent to the recording of the offsite utility easement to which this consent is attached.

IN WITNESS WHEREOF, District has caused these presents to be executed by its duly authorized officer this I~ day of Su \1 , 2016.

ATTEST: LAKEWOOD RANCH STEWARDSHIP DISTRICT, an independent special district created by Local Bill No. 1429, codified at Chapter 2005-338, Laws of Florida, as amended.

By: __ ~~~L--------1~---­

J.

STATE OF FLORIDA COUNTY OF MANATEE

Address: 14400 Covenant Way Lakewood Ranch, Florida 34202

The foregoing instrument was acknowledged before me this rfAay of ~ , 2016, by Rex E. Jensen, as Chairman and J. Scott Almand, as Assistant Secretary, of Lak ood Ranch Stewardship District, an independent special district created by Local Bill No. 1429, codified at Chapter 2005-338, Laws of Florida, as amended, who are ~nally known tQJ:ne or have produced )..J A as identification and did (did not) take an oath.

~ ,,••:l!~'\:'''•, PAMELA J. BANKS ~ ~ l~Jm•<}\ Notary Public • ~tate of Florida • • !" •JMYComm . El\~ires:Dect2 , 2016 ~

~~~ ~'(' Commission_• ·ef-855923 ~ 4 ,,, ~ f\.<r•'' nd . • '''"""'' Bo ed Through rtational Notary 1ssn. •

Print Name: ----------------------------My Commission Expires: ------------------Commission Number: --------------------

L:\LandUse\Pulte\LWR-Del Webb\Phase I Plat\Off Site Easement\Offsite Utility Easement-Stewardship Joinder.doclklc/July 13, 2016

ACCEPTED IN OPEN SESSION IJ/J~/J(p BOARD OF COUNTY COMMISSIONERS, MANATEE COUNTY

Page 5: By 1/UM~ - Manatee Clerk · 26/07/2016  · THIS INDENTURE made this i.3_ day of (}uJ~ , 20I6, between ... and transfer unto Grantee, a nonexclusive, permanent easement for ingress,

GENERAL NOTES:

NOW OR FORMERLY P.I.D. 579900109

NOW OR FORMERLY P.I.D. 579900109

This sketch is not valid without the signature and raised seal of a Florida Licensed Surveyor and Mapper.

Corner monuments were not set preparation of this sketch.

in conjunction with the

This sketch does not purport to delineate the regulatory jurisdiction of any Federal, State or local agency.

Bearings shown hereon are relative to the East line of Section 5, Township 35 South, Range 19 East, Manatee County, Florida having a bearing of N.00"14'47"E.

. II,... ~

·\' \ '\"·\. ;;Ut Prepared by: '-' y.r in'l'(;'. 0. ,· • ,

STANTEC CO~SY.I.t~~SERVIC~s •• !/1~·•-' L1censed Bos~aresss fio ~J ~itt1ilfijif' .... \ 1. -,,;? State of d9.!i' 4 •. · ::··'":.t 1' .. •, ;I'J/

• ~ nA1~ . . · ~- ,·· ,j ~-- ~ • r.:_

( •. ·-'''

R~b-;;rtw:-C'~Iem-;;~-:-p:s~tr-~-:-:i- ; ~­Florida Regist'I'Otion ~N q..•'54>78 ,. / f~"~, ·

Dote of Signature

N89"45'13"W 2,033.97' 136.43'

EAST 1/4 CORNER SECTION 5

CCR 10611 3

EAST LI NE OF SOUTHEAST I 1/4 OF SECTION 5~

EXHIBIT "A"

SEE SHEET 1 FOR OVERALL SKETCH & NOTES SEE SHEET 2 FOR DETAIL SKETCHES, CURVE TABLE

& DESCRIPTION

SCALE: 1 "=400'

a· 1oo· 20o' 400' 800'

ABBREVIATIONS: P.I.D. = PARCEL IDENTIFICATION NUMBER

MANATEE COUNTY, FLORIDA SF = SQUARE FEET NT = NON-TANGENT PCC = POINT OF COMPOUND CURVATURE CCR = CERTIFIED CORNER RECORD

POINT OF COMMENCEMENT SOUTHWEST CORNER OF SECTION 4 &

SOUTHEAST CORNER OF SECTION 5

5

8

14

9

,/ "'• . _,, •' ~::: ,r

FOR: Pulte Gr;o'p.-, ·~·;t:? '. ,,·',;~·}if Apr 14, 2016 - 10:1710 This is NOT a Survey and Not valid without all sheets.

BCOLEMANIV:\2156\oct;ve\215612474\survey\drow;ng\sketch_desc\215612474v-spsk07.dwg

SKETCH &· GESCR I ~TI~N.:, G r?P • · · A PUBLIC UTILITY 'EASEMENT LOCATED IN SECTION 5, TOWNSHIP 35 SOUTH, RANGE 19 EAST, MANATEE COU NTY, FLORIDA

TASK CODE:

470 CAD FILE: PROJECT NO:

215612474v-spsk07 215612474 SHEET

1 OF 2

Stantec 6900 Professional Parkway East. Sarasota. FL 3424{).8414

Phone 941-907-6900 • Fax 94 1-907~910 Certificate of Aulhorizadon #27013 • www.stantec.com

lkensed &Jsiless Number 7866

DRAWING INDEX NO:

A215612474v-spsk07* REV:

Page 6: By 1/UM~ - Manatee Clerk · 26/07/2016  · THIS INDENTURE made this i.3_ day of (}uJ~ , 20I6, between ... and transfer unto Grantee, a nonexclusive, permanent easement for ingress,

" CURVE TABLE

" " CURVE RADIUS DELTA ARC CHORD CHORD BEARING

" " " C1 677.50' 0' 15'02'' 2.96' 2.96' S18'53'55"W

" POINT C2 677.50' 4' 59 '05" 58.94' 58.92' S16' 16'52''W

BEGINNING C3 865.00' 1'55'21" 29.02' 29.02' S79'41'01''W

S89' 45' 13"E 2,033.97'

(FUTURE) ( ~ ......._ ~LLORY PARK

SCALE: 1"=100'

a· 25' so· 1 oo· 200 '

DESCRIPTION (as prepared by the certifying Surveyor and Mapper) :

A tract of land lying in Section 5, Township 35 South, Range 19 East, Manatee County, Florida and described as follows:

Commence at the southeast corn er of said Section 5; thence N.00'14' 47"E. , along the east line of the Southeast 1 I 4 of said Section 5, a distance of 2,654.82 feet to the East 1 I 4 corner of said Section 5; thence continue N.00' 14' 4 7"E., along the northerly extension of said east line of the Southeast 1 I 4 of said Section 5, a distance of 136.43 feet ; thence N.89' 45' 13"W., a distance of 2,033.97 feet to the west righ t-of-way line of proposed Anchor Bay Trail, also being the point of curvature of a non-tangent curve to the left, having a radius of 677.50 feet and a central angle of 00'15'02''; thence southerly along the arc of said curve and along said west right-of-way line, a distance of 2.96 feet, said curve having a chord bearing arid distance of S.18'53'55''W., 2.96 feet, to the POINT OF BEGINNING, said point also being the point of compound curvature of a curve to the left having a radius of 677.50 feet and a central angle of 04'59'05"; thence southerly along the arc of said curve and along said west right-of-way line, a distance of 58.94 feet; thence S.36'07'22"W., a distance of 192.95 feet to the north right-of-way line of proposed Mallory Park Avenue, also being the point of curvature of a non-tangent curve to the left, having a radius of 865.00 feet and a central angle of 01'55'21 "; thence westerly along the arc of said cu rve and along sa id north right-of-way line, a distance of 29 .02 feet, said curve having a chord bearing and distance of S.79'41'01 "W., 29.02 feet, to the point of tangency of said curve; thence N.36'07'22"E., along a line non - tangent to said curve, a distance of 269.40 feet to the POINT OF BEGINNING.

Said tract contains 4,596 square feet or 0.1055 acres, more or less.

SEE SHEET 1 FOR OVERALL SKETCH & NOTES SEE SHEET 2 FOR DETAIL SKETCHES, CURVE TABLE

& DESCRIPTION

EXHIBIT "A"

This is NOT a Survey and Not valid without all sheets . FOR: Pulte Group, Inc. Apr 14, 2016 - 10:17:10 BCOLEMANIV:\2156 \octive\215612 4 74\survey\drowing\sketch_desc\2156 124 74v-spsk07.dwg

SKETCH & DESCRIPTION OF A PUBLIC UTILITY EASEMENT LOCATED IN SECTION 5, TOWNSHIP 35 SOUTH, RANGE 19 EAST, MANATEE COUNTY, FLORIDA

TASK CODE

470 CAD FILE: PROJECT NO:

215612474v-spsk07 215612474 SHEET

2 OF 2

S antec 6900 Professional Parl<way East, Sarasota, FL 34240-8414

Phone 941-907-6900 • Fax 941-907-6910 Certificate of Authorization #27013 • 'IWNt.stantec.c:om

Ucensed &sUss Number 7866

DRAWING INDEX NO:

A215612474v-spsk07* REV:

Page 7: By 1/UM~ - Manatee Clerk · 26/07/2016  · THIS INDENTURE made this i.3_ day of (}uJ~ , 20I6, between ... and transfer unto Grantee, a nonexclusive, permanent easement for ingress,

THIS INSTRUME T PREPARED BY: Charles Meador, Real Property Specialist, Property Managem On Behalf of: Division Manager, Property Acquisi tion PROJECT NAME: Mallory Park Phase I Manatee County Property Management Department PROJECT# : N/A 1112 Manatee Avenue West, Suite 800 PARCEL# : N/A Bradenton, Florida 34205 PfD#: 579900109

==========SPACE ABOVE THIS LIN E FOR RECORDING DATA==========

AFFIDAVIT OF OWNERSHIP AND ENCUMBRANCES

STATE OF ~Orttr'fr COUNTY OF tl'}tltvA!cE

BEFORE ME, the undersigned notary public, personally appeared

- -1-fY}_.__.t""C..::.:...H!...!.d..LJ6""-='L __ NIL-=--""o-"<-o ....,L"""~-'-It.=->:14-~-----' who being first duly sworn, deposes and says that, to the best of his knowledge ani belief:

I. I have personal knowledge of all matters set forth in this affidavit.

2. DIVOSTA HOMES, L.P., a Delaware limited liability partnership, (hereinafter the Grantor) is the owner of the fee simple title to certain real property (hereinafter the Property) situated in Manatee County, Florida, more particularly described in Exhibit A attached to this affidavit and by this reference made a part of this affidavit, and has full authority to sell or encumber the Property.

3. I am the /21t{t.tJA..- Lt..f.I{J Oeva&foiVOSTA HOMES HOLDINGS, LLC, the general partner of Grantor and I make this affidavit with the authority of and on behalf ofDIVOSTA HOMES, L.P.

4. Grantor has sole and exclusive possession of the Property.

5. Neither Grantor' s title to nor possession of the Property has ever been disputed or questioned and I am not aware of any facts by reason of which the title to or possession of the Property or any part of it or any personal property located on it might be disputed or questioned or by reason of which any claim to the Property or any portion of it or any personal property located on it might be adversely asserted.

6. No person or entity other than Grantor claims or is presently entitled to the right to possess or is in possession of the Property and there are no tenancies, leases, or other occupancies that affect the Property.

7. There are no disputes concerning the location of the boundary lines of the Property.

8. Grantor has not violated any of the restrictions, declarations or covenants in connection with the Property, nor know of any prior owner violating said restrictions, declarations or covenants .

AOC£PTED IN OPEN SESSION '7&r:it.ft BOARD OF COUNTY COMMISSIONERS, M A COUNTY

Page 1 of 4

0 . ....

Page 8: By 1/UM~ - Manatee Clerk · 26/07/2016  · THIS INDENTURE made this i.3_ day of (}uJ~ , 20I6, between ... and transfer unto Grantee, a nonexclusive, permanent easement for ingress,

~ 1. • ' i:

-.

Page 9: By 1/UM~ - Manatee Clerk · 26/07/2016  · THIS INDENTURE made this i.3_ day of (}uJ~ , 20I6, between ... and transfer unto Grantee, a nonexclusive, permanent easement for ingress,

9. There are no outstanding or unpaid taxes or assessments (pending or certified) due to any governmental agency for improvements to or for the benefit of the Property for which the Grantor is responsible or any unpaid or unsatisfied mortgages, claims of lien, or other matters that constitute or could constitute a lien or encumbrance against the Property or any improvements on it or any part of it or against any personal property located on it. Should any bill be found which relates to the period of the Grantor' s possession, the Grantor shall pay such bill upon demand. No notice has been received regarding future pending zoning by any government instrumentality.

10. There are no security agreements, financing statements, title retention contracts or personal property leases affecting any materials, fixtures, appliances, furnishings or equipment placed on or installed in or on the Property or the improvements located on it.

11. There are no actions, proceedings, judgments, bankruptcies, liens or executions recorded among the Public Records of Manatee County, Florida, or any other county in Florida or pending against the Grantor in the courts of Manatee County, Florida, or any other courts.

12. There are no matters pending against the Grantor that could give rise to a lien that would attach to the Property or cause a loss of title or impair the title between the effective date of the title insurance commitment and the recording of the interest to be insured by the title insurance company, and the Grantor has not and will not execute any instrument that would adversely affect the title or interest to be insured in the Property, including but not limited to mortgaging or conveying the Property or any interest in it or causing any liens to be recorded against the Property or the Owner.

13. There has been no labor performed or materials furni shed on or to the Property during the past NINETY (90) days, or, if labor has been performed or materials furnished during such NINETY (90) days, all persons performing or furnishing the same have been fully paid and there are no unpaid bills for labor or materials for which valid liens could be filed.

14. No notice of commencement concerning the Property has been filed in the past NINETY (90) days, nor are there any unsatisfied construction liens of record concerning such Property, nor have any notices to owner been received by the Grantor during the past NINETY (90) days.

15. There are no outstanding, unrecorded deeds, unsatisfied liens, leases, contracts for sale, judgments, easements or rights-of-way for users, conveyances, mortgages or adverse interests affecting title to the Property, except the following:

• Notice of Creation and Estab li shment of Lakewood Ranch Stewardship District as recorded in Official Records Book 2049, Page 5165 , of the Public Records of Manatee County, Florida

• Interlocal Agreement recorded in Official Records Book 2059, Page 2854, of the Public Records of Manatee County, Florida

• Final Judgment recorded in Official Records Book 2088, Page 4065, of the Public Records of Manatee County, Florida

Page 2 of 4

Page 10: By 1/UM~ - Manatee Clerk · 26/07/2016  · THIS INDENTURE made this i.3_ day of (}uJ~ , 20I6, between ... and transfer unto Grantee, a nonexclusive, permanent easement for ingress,

• Notice of Boundary Amendment for the Lakewood Ranch Stewardship District as recorded in Official Records Book 2319, Page 3957, of the Public Records of Manatee County, Florida

• Amended Notice of Creation and Establishment of the Lakewood Ranch Stewardship District as recorded in Official Records Book 2319, Page 3962, of the Public Records of Manatee County, Florida

• Notice of the Modification of a Development Order as recorded in Official Records Book 2553, Page 5228, of the Public Records of Manatee County, Florida.

• Lakewood Ranch Stewardship District Notice of Imposition of Special Assessments as recorded in Official Records Book 2551 , Page 7700, of the Public Records of Manatee County, Florida

• Notice of the Modification of a Development Order as recorded in Official Records Book 2553, Page 5228, of the Public Records of Manatee County, Florida

• Declaration of Consent to Jurisdiction of Lakewood Ranch Stewardship District and to Imposition of Special Assessments as recorded in Official Records Book 2556, Page 1815, of the Public Records of Manatee County, Florida

• Collateral Assignment and Assumption ofDevelopment and Contract Rights Relating to the Lakewood Centre North Project as recorded in Official Records Book 2556, Page 1825, of the Public Records of Manatee County, Florida

• Lakewood Ranch Stewardship District Notice of Series 2015 Special Assessments and Government Lien of Record as recorded in Official Records Book 2556, Page 1853, ofthe Public Records of Manatee County, Florida

• Recorded Notice of Environmental Resource Permit as recorded in Official Records Book 2589, Page 5793 , of the Public Records of Manatee County, Florida

• Recorded Notice of Environmental Resource Permit as recorded in Official Records Book 2589, Page 5811 , ofthe Public Records of Manatee County, Florida

• Restrictions and reservations as contained in Special Warranty Deed recorded in Official Records Book 2588, Page 7572

• Temporary Access Easement Agreement recorded in Official Records Book 2588, Page 7579

16. The Grantor' s Taxpayer Identification Number is 38-3691940.

17. The representations embraced herein are made for the purpose of conveying an easement to Manatee County.

18. This affidavit is made and given by affiant with full knowledge of applicable Florida laws regarding sworn affidavits and the penalties and liabilities resulting from false statements and misrepresentations therein.

[SIGNATURE PAGE AND ACKNOWLEDGEMENT FOLLOW ON NEXT PAGE.]

Page 3 of 4

Page 11: By 1/UM~ - Manatee Clerk · 26/07/2016  · THIS INDENTURE made this i.3_ day of (}uJ~ , 20I6, between ... and transfer unto Grantee, a nonexclusive, permanent easement for ingress,

N arne of Affiant: _,_/Yl--L.,I;J={.,.:..:.HL..!~'-"'€'-"L"-------IL-kJ-=-><=O=f.. ._6.:...:.1l-"9y

Printed Name

Sworn to (or affirmed), acknowled~ed and subscribed before me this I?, day of :f W ut· 2016, by M lck'IC\J-.\ W\rolt/r~s 0 I rd.11«- Utnd t?ellel. , ofDiVosta Homes Holdi gs, LLC, a Delaware limited liability c pany, as general partner ofD1Vosta Homes, L.P., a Delaware limited partnership, on behalf of the partnership, who v:" is personally known to me or __ who has produced - as identification.

Affix seal below: DutnlU1b VlkVo Notary Public Signature

··m~~~'.t''••,,, OANIELLE ELLIS .:-~ ~ [. , i Notary Public · State ot Florida ~~ ;ui Commission 11 GG 5353 ·-·~'f.~,~~··' My Comm. Expires Feb 15, 2d20 ,,. ... ,, Printed Name

-- -- -- -- --- -- -.

Commission Number

feAQ , IS. 2.020 , Expiration Date

Page 4 of 4

Page 12: By 1/UM~ - Manatee Clerk · 26/07/2016  · THIS INDENTURE made this i.3_ day of (}uJ~ , 20I6, between ... and transfer unto Grantee, a nonexclusive, permanent easement for ingress,

GENERAL NOTES:

NOW OR FORMERLY P.I.D. 579900109

NOW OR FORMERLY P.I.D. 579900109

This sketch is not valid without the signature and raised seal of a Florida Licensed Surveyor and Mapper.

Corner monuments were not set in preparation of this sketch.

conjunction with the

This sketch does not purport to delineate the regulatory jurisdiction of ony Federal, State or local agency.

Bearings shown hereon are relative to the East line of Section 5, Township 35 South, Range 19 East, Manatee County, Florida having a bearing of N.00'14'47"E.

I i\~.t (; 1 Prepared by: ··\\.P •••to ... ~; ~· ., ,. STANTEC CO~~y.~J]tiil'G\~E~I(~S, . I ·; .1¥j_,·-"'r Licensed Bas!:tresss ~9·; .~~~r .; ·> ,, J .. ,

State of . dl(,~ ".;' ..•. ,..JE 1• \ ?? · , r:..,' , F; A 1 ~ . :r , ~- ~" .

~r·· ··~ J~· :.c r.: r • -.rcr

--------~-_::: _____ J":T--L_--!~"i~ : . ,-~

Robert W .. C'gleman.p f',S!M. , 'il~ _,. . .~<, Date of Signature Florida Reg~sf"9!ion ,,~q..J 54•78 / _-{;-,}1 ,.

f ·-·,'ft"". ·:~ ~~~ .,. ...... · Jr, '•· • .,. ~-.'if FOR: Pulte Group>; Jl,~c. • , , -, 1 _;y Apr 14, 2016 - 1 O: 17: 1 o

SKETCH &. OESCRIP;TIO.~~~ Qf¥t'-;-· A PUBLIC UTILITY EASEMENT LOCATED IN SECTION 5, TOWNSHIP 35 SOUTH, RANGE 19 MANATEE COUNTY, FLORIDA

N89'45'13"W 2,033.97' 136.43'

EAST 1/4 CORNER SECTION 5

CCR 106113

EAST LINE OF SOUTHEAST I 1/4 OF SECTION 5~

EXHIBIT "A"

SEE SHEET 1 FOR OVERALL SKETCH & NOTES SEE SHEET 2 FOR DETAIL SKETCHES, CURVE TABLE

& DESCRIPTION

SCALE: 1 "=400'

0 ' 100' 200' 400' 800'

ABBREVIATIONS: P 1.0. = PARCEL IDENTIFICATION NUMBER

MANATEE COUNTY, FLORIDA SF = SQUARE FEET NT = NON-TANGENT PCC = POINT OF COMPOUND CURVATURE CCR = CERTIFIED CORNER RECORD

POINT OF COMMENCEMENT SOUTHWEST CORNER OF SECTION 4 &

SOUTHEAST CORNER OF SECTION 5

5

8

'N ' 00 . '<I'

trl . <D_

N

I~

l4

9

This is NOT a Survey and Not valid without all sheets. BCOLEMANIV:\ 2 156 \ac tive\215612474\survey\drawing\sketch_ desc\2 1561247 4v-spsk07.dwg

EAST, Stantec

6900 Professional Par'<way Easl, Sarasola, FL 34240-8414 Phone 941-907-6900 • Fa• 941-907~910

Cenlflcate of Authorization #27013 • YI'NW.Stantec.oom Licensed Business Number 7866

TASK CODE:

470 CAD FILE:

215612474v-spsk07 PROJECT NO:

215612474 SHEET

1 DRAWING INDEX NO: REV:

OF 2 A215612474v-spsk07*

Page 13: By 1/UM~ - Manatee Clerk · 26/07/2016  · THIS INDENTURE made this i.3_ day of (}uJ~ , 20I6, between ... and transfer unto Grantee, a nonexclusive, permanent easement for ingress,

CURVE TABLE

CURVE RADIUS DELTA ARC CHORD CHORD BEARING

C1 677.50' 0'15'02'' 2.96' 2.96' S18'53'55"W

C2 677.50' 4' 59'05" 58.94' 58.92' S16'16'52''w

C3 865.00 ' 1'55'21" 29.02' 29.02 ' S79'41'01''w

S89' 45'13"E 2,033.97'

(FUTURE) ( .-......._ '-- ~LLORY PARK

SCALE: 1 "= 1 00'

a· 25' so· 1 oo· 200'

DESCRIPTION (as prepared by the certifying Surveyor and Mapper):

A tract of land lying in Section 5, Township 35 South , Range 19 East, Manatee County, Florida and described as follows:

Commence at the southeast corner of sa id Section 5; thence N.00'14' 4 7"E., along the east line of the Southeast 1 I 4 of said Section 5, a distance of 2, 654.82 feet to the East 1 I 4 corner of sa id Section 5; thence continue N.00'14' 47"E., along the northerly extension of sa id east line of the Southeast 114 of said Section 5, o distance of 136.43 feet; thence N.89'45'13''W., a distance of 2,033.97 feet to the west right-of- way line of proposed Anchor Bay Trail , also being the point of curvature of a non-tangent curve to the left, having a radius of 677.50 feet and a cen tra l angle of 00'15'02"; thence southerly along the arc of said curve and along said west right-of-way line, a distance of 2.96 feet, said curve having a chord bearing arid distance of S.18'53'55"W., 2.96 feet, to the POINT OF BEGINNING, said point also being the point of compound curvature of a curve to the left having a radius of 677.50 feet and a central angle of 04'59'05"; thence southerly along the arc of sa id curve and along said west right-of-way line, a distance of 58.94 feet; thence S.36'07'22"W., a distance of 192.95 feet to the north right-of-way line of proposed Mallory Pork Avenue, also being the point of curvature of a non-tangent curve to the left, having a rad ius of 865.00 feet and a central angle of 0 1'55'21"; thence westerly along the arc of said curve and along said north right-of - way line, a distance of 29.02 feet, said curve having a chord bearing and distance of S.79' 4 1'01 "W., 29.02 feet, to the point of tangency of said curve; thence N.36'07'22''E., along o line non - tangent to said curve, o distance of 269.40 feet to the POINT OF BEGINNING.

Said tract contains 4,596 square feet or 0.1055 acres, more or less.

SEE SHEET 1 FOR OVERALL SKETCH & NOTES SEE SHEET 2 FOR DETAIL SKETCHES, CURVE TABLE

& DESCRIPTION

EXHIBIT "A"

This is NOT a Survey and Not valid without a ll sh eets . FOR: Pulte Group, Inc. Apr 14, 2a16 - 10:17:1a BCOLEMANIV:\2156\active\2156 12474\survey\dro wing\sketch_desc\215612474v-spska7 .dwg

SKETCH & DESCRIPTION OF A PUBLIC UTILITY EASEMENT LOCATED IN SECTION 5, TOWN SHIP 35 SOUTH, RANGE MANATEE COUNTY, FLORIDA

TASK CODE:

470 CAD FILE:

215612474v-spsk07

19 EAST,

PROJECT NO:

215612474 SHEET

2 OF 2

Stantec 6900 Professional Parkway East, Sarasota. FL 34240-8414

Phone 941-907-6900 • Fax 941-907-6910 Certificate of AI.Jtrorization #27013 • YNIW.stantec.com

Licensed Busi'less Number 7866

DRAWING INDEX NO:

A215612474v- spsk07* REV:

Page 14: By 1/UM~ - Manatee Clerk · 26/07/2016  · THIS INDENTURE made this i.3_ day of (}uJ~ , 20I6, between ... and transfer unto Grantee, a nonexclusive, permanent easement for ingress,

Angelina "Angel" Colonneso Clerk of the Circuit Court

Manatee County

Receipt#:

Receipt Date:

900011701

07/27/2016

P.O. Box 25400 Bradenton, FL 34206

Official Records Receipt Recording

Recorded By: hhooey Cashiered By: hhooey

Payee Name: MANATEE COUNTY PROPERTY MGMT DEPT AR700003

1112 MANATEE AVE WEST 8TH Fl BRADENTON, FL 34205

Escrow Balance: Escrow Customer:

lnstrument(s): 201641 022331-BK2631/PG2424-2426-EASEMENT, 201641 022332-BK2631/PG2427 -2429-EASEMEf\ 201641 022333-BK2631/PG2430-2435-AFFIDAVIT

Details

DEED DOC STAMPS $. 70 INDEXING NAMES PRMTF $1/$.50 PRMTF BCC $2 PRMTF CLERK $1 .90 PRMTF FACC $.10 RECORDING FEE $5/$4

Receipt Total:

Amount Tendered: Overage:

Receipt

$106.50

$0.00 $0.00

7/27/2016 3:24:22PM

$0.00 $0.00 $7.50

$24.00 $22.80

$1.20 $51 .00

Page 1 of 1

Page 15: By 1/UM~ - Manatee Clerk · 26/07/2016  · THIS INDENTURE made this i.3_ day of (}uJ~ , 20I6, between ... and transfer unto Grantee, a nonexclusive, permanent easement for ingress,

July 26, 2016 - Regular Meeting Agenda Item #56

Subject Permanent Utilities Easement between Divosta Homes, L.P., and Manatee County for Mallory Park, Phase 1, Subphases A, C, and E; PID 579900109 Briefings None Contact and/or Presenter Information

Margaret Daniell, Interim Property Acquisition Division Manager, Property Management, Extension 3009

Charles Meador, Real Property Specialist, Property Acquisition, Property Management, Extension 6289

Action Requested

● Accept and Record Permanent Utilities Easement from Divosta Homes Holdings, LLC, the general partner of Divosta Homes, L.P.; and

● Record Consent to Offsite Utility Easement from the Lakewood Ranch Stewardship District; and ● Record Affidavit of Ownership and Encumbrances from Divosta Homes Holdings, LLC, the general

partner of Divosta Homes, L.P.

Enabling/Regulating Authority

Florida Statutes, Chapter 125. Manatee County Comprehensive Plan Goal 9.1 addresses sanitary sewer systems.

Background Discussion A 4,596 square feet offsite Utility Easement is needed for Mallory Park Phase 1. The offsite easement is beyond the limits of the plat. The final site plan is scheduled to be presented to the Board of County Commissioners on July 26, 2016, regarding FSP 15-07, Mallory Park Phase 1, Subphases A, C, and E. County Attorney Review Not Reviewed (No apparent legal issues) Explanation of Other Reviewing Attorney N/A

Manatee County Government Administrative CenterCommission Chambers, First Floor

9:00 a.m. - July 26, 2016

Rtoth
Text Box
Approved in Open Session 7/26/16, Manatee County Board of County Commissioners
Page 16: By 1/UM~ - Manatee Clerk · 26/07/2016  · THIS INDENTURE made this i.3_ day of (}uJ~ , 20I6, between ... and transfer unto Grantee, a nonexclusive, permanent easement for ingress,

Instructions to Board Records

Please notify Charles Meador at [email protected] of recording information.

CCC: AR700003

Cost and Funds Source Account Number and Name $106.50 recording fee to 001-0020505 Property Acquistion Core Fund Amount and Frequency of Recurring Costs N/A Attachment: Permanent Utilities Easement - Divosta Homes, LP.pdf Attachment: Consent to Offsite Utility Easement.pdf Attachment: Ownership and Encumbrances Affidavit.pdf Attachment: Location Map.pdf

Manatee County Government Administrative CenterCommission Chambers, First Floor

9:00 a.m. - July 26, 2016

Rtoth
Text Box
Distributed 7/29/16, RT
Page 17: By 1/UM~ - Manatee Clerk · 26/07/2016  · THIS INDENTURE made this i.3_ day of (}uJ~ , 20I6, between ... and transfer unto Grantee, a nonexclusive, permanent easement for ingress,

1 inch equals 1,000 feetÚ

UTILITY EASEMENTMALLORY PARK AVENUE

MALLORY PARK, PHASE I, SUBPHASES A, C, AND E(Divosta Homes LP)

District 5 - COMMISSIONER VANESSA BAUGH

WOOD FERN TRAIL

44TH AVENUE E

DRIVE

GATEWOOD

LAKE

WOOD

RANC

HBL

VD

WHITE

EAGL

EBL

VD

EASEMENT

MALLORY PARK AVE

CRANSTONWAY

DR

HANCOCK

SEABROOKAVE