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HomeMy Public PortalAboutStormwater Drainage - 21-3N-0000-0017-031A Brookmeade,.Ins,r # 7 BK: 2393 PG:593,Page 1 of 3 Recorded ,,,21/2009 Pt 02:39 PM. PECORDING: $15.00 RECORDING ARTICLE V: $12,60 DEED C©CS T AMPS: $0.76 THIS INSTRUMENT PREPARED BY: Richard M. Colbert, Esq. 4 Laguna Street, Suite 101 Fort Walton Beach, Florida 32548 Property Appraiser's Parcel Identification Number: Portion of 21 -3N -23-0000-0017-031A DEPUTY CLERK P . Jr\iN ,Ov OF COURTS_ cr.. STORMWATER DRAINAGE EASEMENT THIS EASEMENT is made this ° °''' day of June, 2009, by Brookmeade Properties, LLC, a Florida limited liability company, whose address is 4/Laguna Street, Suite 201, Fort Walton Beach, Florida 32548 '`(hereinafter referred to as the "Grantor"), in favor of the City of Crestview, Florida, a Florida Municipal Corporation, and its successors and assigns, whose address is P.O. Drawer 1209, Crestview, Florida 32536 (hereinafter referred to as the "Grantee"); WITNESSETH: That for and in consideration of $10.00, and the mutual benefits, covenants, and conditions herein contained, the receipt and sufficiency all of which is hereby acknowledged, Grantor does hereby grant, bargain, sell, alien, remise, release, convey and confirm unto the Grantee, its heirs, successors and assigns forever, this Stormwater Drainage Easement (hereinafter: "Easement") for installation, removal, connection to or disconnection from, repair, replacement, operation, and maintenance in perpetuity of stormwater distribution lines and related stormwater facilities (hereinafter the "Facilities"), upon, across, over and under that certain tract or parcel of real property lying and being in Okaloosa County, Florida, and being more particularly described on Exhibit "A" attached hereto and made a part hereof. TOGETHER WITH ALL the tenements, hereditaments, and appurtenances thereto belonging or in any way appertaining. The rights herein granted to Grantee by Grantor specifically include: (a) the right of Grantee to control, inspect, alter, improve, repair, rebuild and remove said Facilities; (b) the right of Grantee to trim, cut, or remove plants, trees, fences, or structures from said Easement which in Grantee's opinion may interfere with the stormwater system; and (c) the right of Grantee to have egress and ingress to said Easement for the purposes expressed in (a) and (b) immediately above. By delivery of this Easement, Grantor covenants not to interfere with the safe operation or maintenance of the Facilities within the Easement. 1 TO HAVE AND TO HOLD unto the same in fee simple forever. The Grantor hereby covenants with said Grantee that the Grantor is lawfully seized of said land in fee simple; that the Grantor has good right and lawful authority to sell and convey said Easement; that the Grantor does hereby fully warrant the title to the said Easement and will defend the same against the lawful claims of all persons whomsoever; and that said land is free of all encumbrances, except the encumbrance set forth above. All covenants, terms, provisions, and conditions herein contained shall inure and extend to and be obligatory upon the successors, lessees, and assigns of the respective parties hereto. IN WITNESS WHEREOF, the undersigned have executed this Easement the day, month, and year first set forth above. Signed, sealed and delivered in the presence of: 'gym Print': Name: STATE OF FLORIDA COUNTY OF OKALOOSA BROOKMEADE PROERTIES, LLC, a Florida limited liability company By: / JE EY .,. L. SCUW rR Its: Manager The foregoing instrument was acknowledged before me this .. " ..... day of June, 2009, by Jeffrey L. Schweizer, as Manager of Brookmeade Properties, LLC, a Florida limited liability company, on behalf of the 'company. He is personally known to me or has produced s dent." G:\Doc\Easement\Brookmeade Notary Public (Print/Type Name) Commission No.: Commission Expires: RICHARD M. COLBERT S. Notary Public - State of Florida My Commission Expires Jul 19, 2011 Commission # DD 672337 VP 2 EXHIBIT "A" AN EASEMENT FOR STORMWATER DRAINAGE PURPOSES AND MAINTENANCE THEREOF, BEING A PART OF TRACT 23, SANDY LAKE ESTATES, AN UNRECORDED SUBDIVISION, SITUATED IN THE NW 1/4 OF THE SW 1/4 OF THE SW 1/4 OF SECTION 21, TOWNSHIP 3 NORTH, RANGE 23, WEST OF TALLAHASSEE MERIDIAN, DESCRIBED AS FOLLOWS: COMMENCE AT THE NW CORNER OF THE NW 1/4 OF THE SW 1/4 OF THE SW 1/4 OF SAID SECTION 21, MARKED BY A 4" CONCRETE MONUMENT; THENCE S.00°14'30"W. ALONG THE WEST LINE OF SAID SW 1/4 OF THE SW 1/4 FOR A DISTANCE OF 231.56 FEET; THENCE S.89°20'38"E. FOR A DISTANCE OF 38.72 FEET TO A POINT ON THE EAST R/W LINE OF BROOKMEADE DRIVE, (40' R/W) AND THE POINT OF BEGINNING; THENCE S.89°20'38"E. FOR A DISTANCE OF 190.00 FEET; THENCE N.00°12'30"E. FOR A DISTANCE OF 13.23 FEET; THENCE S.89°38'56"E. FOR A DISTANCE OF 178.63 FEET; THENCE S.00°09'30"W. FOR A DISTANCE OF 20.00 FEET; THENCE N.89°38'56"W. FOR A DISTANCE OF 368.65 FEET TO A POINT ON THE EAST R/W LINE OF BROOKMEADE DRIVE; THENCE N.00°14'30"E. ALONG SAID EAST R/W LINE FOR A DISTANCE OF 7.78 FEET TO THE POINT OF BEGINNING. PARCEL CONTAINS 4955 SQUARE FEET.