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R-2018-13R CLER' CITY OF CLERMONT
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RESOLUTION NO. 2018-13R
ChocA RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CLERMONT, LAKE COUNTY, FLORIDA, APPROVING THE
AGREEMENT REGARDING EASEMENTS, IMPROVEMENTS,
MAINTENANCE AND COST SHARING BETWEEN CLERMONT
COMMERCE PARK, LLC AND THE CITY OF CLERMONT AND
PROVIDING FOR AN EFFECTIVE DATE.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Clermont, Lake County, Florida, that:
SECTION 1.
The City Council does hereby approve the acceptance of the Agreement regarding Easements,
Improvements, Maintenance and Cost Sharing for the Future Public Works Property between
Clermont Commerce Park, LLC and the City of Clermont, subject to the conditions contained in
the agreement as incorporated and attached hereto.
SECTION 2.
This Resolution shall take effect immediately upon its adoption.
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CLER• I CITY OF CLERMONT
C,wpRESOLUTION NO. 2018-13R
DONE AND RESOLVED by the City Council of the City of Clermont, Lake County,
Florida this 8th day of May, 2018.
CITY OF CLERMONT
,ry .
Gail L. Ash, Mayor
ATTEST
Zs"
Tracy Ackroyd Howe, City Clerk
Approved as to form and t :
Dame F. Mantzans, i y • 'orney
Prepared by and Return to:
JOHN KINGMAN KEATING,ESQUIRE
KEATING&SCHLITT,P.A.
TELEPHONE:407.425.2907 FACSIMILE:407.425.6345
250 EAST COLONIAL DRIVE,SUITE 300
ORLANDO,FLORIDA 32801
E MAIL:ikk(a.keatlaw.com
RECORDING INFORMATION ABOVE THIS LINE
AGREEMENT REGARDING EASEMENTS,
IMPROVEMENTS,MAINTENANCE AND COST SHARING
THIS AGREEMENT REGARDING EASEMENTS,IMPROVEMENTS,MAINTENANCE
AND COST SHARING (the "Agreement") is made and entered into this day of May, 2018, by
Clermont Commerce Park, LLC, a Florida limited liability company ("CCP, LLC"), with a mailing
address of 250 East Colonial Drive, Suite 300, Orlando,Florida 32801 and the CITY OF CLERMONT,
a Florida municipal corporation ("Clermont"), whose address is 685 West Montrose Street, Clermont,
Florida.
WITNESSETH:
WHEREAS, CCP, LLC's predecessor in title was the fee simple owner of that certain parcel of
real property located in Lake County,Florida,more particularly described as the"Property"on the attached
Exhibit"A"(the"Property"),which Property,together with the Clermont Parcel and Retained Parcels(both
as hereinafter defined)which comprise it,are depicted on the attached Exhibit"A-1";and
WHEREAS,CCP,LLC has conveyed a portion of the Property to Clermont,which portion is more
particularly described as the"Clermont Parcel"on the attached Exhibit"B"(the"Clermont Parcel"),and
CCP,LLC has retained ownership of the remainder portions of the Property which remainder portions are
more particularly described as "West Parcel,""Easement Parcel," and"Drainage Parcel"on the attached
Exhibit"C"(West Parcel,Easement Parcel,and Drainage Parcel being collectively referred to herein as the
"Retained Parcels");and
WHEREAS, simultaneous with the conveyance of the Clermont Parcel to Clermont, CCP, LLC
and Clermont desire to declare,reserve, grant, and convey certain rights, interests,duties and obligations,
including, without limitation, access, utilities, drainage and fence easements, improvements (on-site and
off-site), maintenance and cost sharing agreements which will benefit and burden various portions of the
Property,all on terms and conditions as set forth herein.
NOW THEREFORE,in consideration of the mutual covenants,promises and benefits contained
herein, and other good and valuable consideration, the receipt and sufficiency of which are hereby
acknowledged,CCP,LLC and Clermont agree as follows:
1. Easement for Transmission and Retention of Stormwater and Surface Water.CCP,LLC hereby
declares, reserves, grants and conveys for the benefit of the Clermont Parcel a perpetual, non-exclusive
easement,
right, license and privilege for: (a) the transmission and conveyance through designated
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underground conduits and pipes within the Incoming Transmission Easement Area(as hereinafter defined)
of stormwater and surface water which originates from the Clermont Parcel and is deposited into the Pond
Easement Area (as hereinafter defined) (the"Incoming Transmission Easement"); and (b) the deposition
and retention within the Pond Easement Area of such stormwater and surface water which traverses the
Incoming Transmission Easement Area and originates from the Clermont Parcel (the"Pond Easement").
The underground and above ground pipes, lines, conduit, and other facilities associated with the surface
water drainage system referenced above shall be collectively referred to as the"Drainage Facilities."The
Incoming Transmission Easement shall be contained within the Incoming Transmission Easement Area and
the Pond Easement shall be contained within the Pond Easement Area,both as described and depicted on
the attached composite Exhibit"D."The Incoming Transmission Easement Area may not be described and
depicted on Exhibit "D" at the time of execution of this Agreement and in such event the parties shall
cooperate to determine the specific location, dimensions, and legal descriptions of the Incoming
Transmission Easement Area consistent with and as dictated by the planned development on the Clermont
Parcel and Retained Parcels, the recommendation of their engineers and such engineers' plans and
specifications, and the requirements of all permits and approvals issued by applicable governmental
authorities. The Incoming Transmission Easement Area and Pond Easement Area may hereinafter
collectively be referred to as the"Drainage Easement Areas." It is understood that the planned development
on the Retained Parcels may include modifications to the concept plan attached to the PUD Ordinance(as
hereinafter defined) to develop portions of the Easement Parcel and the location of portions of the Pond
Easement Area within the Easement Parcel. All stormwater and surface water which originates from the
Retained Parcels shall also be transmitted to and retained in the Pond Easement Area.As a result,the Pond
Easement Area shall be sufficient to serve the stormwater and surface water drainage and retention
requirements of the Clermont Parcel and Retained Parcels as fully developed or otherwise, provided the
impervious surface of the Clermont Parcel and Retained Parcels shall not exceed eighty percent(80.00%).
2. Easements for Sanitary Sewer. CCP,LLC hereby declares,reserves,grants and conveys for the
benefit of the Clermont Parcel and Retained Parcels a perpetual,non-exclusive easement,right,license and
privilege for the installation,construction,operation,use,inspection,maintenance,repair and replacement,
from time to time, within the CCP Sanitary Sewer Easement Area (as hereinafter defined) of such
underground and above ground utilities pipes,lines,wires,conduit,and other facilities(the"CCP Sanitary
Sewer Facilities")as may be necessary to provide sanitary sewer to the Clermont Parcel and the Retained
Parcels,as fully developed or otherwise(but which shall not include or allow any such facilities which do
not provide direct service solely to the Clermont Parcel)(the"CCP Sanitary Sewer Easement"). The CCP
Sanitary Sewer Easement shall be contained within the CCP Sanitary Sewer Easement Area as described
and depicted on the attached composite Exhibit"E."Provided,the foregoing shall not cause or result in the
alteration of the layout, location, construction and use of any planned improvements for the Retained
Parcels. If CCP, LLC reasonably determines that the location of the CCP Sanitary Sewer Easement Area
or CCP Sanitary Sewer Facilities does adversely impact its planned improvements or otherwise desires to
relocate them within the Retained Parcels, they may be relocated elsewhere within the Retained Parcels,
including along the east boundary of the Hancock Road right-of-way.The costs of any such relocation shall
be borne solely by CCP,LLC if occurring after the CCP Sanitary Sewer Facilities have been permitted and
construction has started within the CCP Sanitary Sewer Easement Area and shall be shared between the
parties as contemplated by Section 9 if occurring prior to such permitting and commencement of
construction. It is the intention of CCP, LLC and Clermont that the CCP Sanitary Sewer Facilities
originating north of the Retained Parcels shall, if they are not located within the CCP Sanitary Sewer
Easement Area,either run along the western boundary of the Easement Parcel or along the east boundary
of the Hancock Road right-of-way.
Clermont hereby declares,reserves,grants and conveys for the benefit of the Retained Parcels and
the Clermont Parcel a perpetual, non-exclusive easement, right, license and privilege for the installation,
construction,operation,use,inspection,maintenance,repair and replacement,from time to time,within the
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Clermont Sanitary Sewer Easement Area (as hereinafter defined) of such underground and above ground
utilities pipes, lines, wires, conduit, lift stations and other facilities (the "Clermont Sanitary Sewer
Facilities")as may be necessary to provide sanitary sewer to the Clermont Parcel and the Retained Parcels,
as fully developed or otherwise (but which shall not include or allow any such facilities which do not
provide direct service solely to the Clermont Parcel) (the "Clermont Sanitary Sewer Easement"). The
Clermont Sanitary Sewer Easement shall be contained within the Clermont Sanitary Sewer Easement Area
as described and depicted on the attached composite Exhibit "F." It is the intention of CCP, LLC and
Clermont that the private lift station which shall service only the Clermont Parcel and Retained Parcels as
fully developed is to be located at the northeast corner of the Clermont Parcel within the Clermont Sanitary
Sewer Easement Area.
3. Easement for Potable Water. Clermont hereby declares,reserves,grants and conveys for
the benefit of the Retained Parcels a perpetual,non-exclusive easement,right,license and privilege
for the installation,construction,operation,use, inspection,maintenance, repair and replacement,
from time to time, within the Potable Water Easement Area, more particularly described on the
attached composite Exhibit "G" ("Potable Water Easement Area") [same as Access Road
Easement Area], of such underground and above ground utilities pipes, lines, conduit, and other
facilities (the "Potable Water Facilities") as may be necessary to provide Potable Water to the
Retained Parcels, as fully developed or otherwise (the"Potable Water Easement"). Provided, the
foregoing shall not cause or result in the alteration of the layout,location, construction and use of
any planned improvements for the Retained Parcels. Clermont shall be obligated to extend the
potable water lines from the west side of the Hancock Road into the area of the intersection of the
Access Road Easement Area and the east side of the Hancock Road right-of-way and provide a
connection to the southwest area of the West Parcel immediately adjacent and north of the Access
Road Easement Area for CCP, LLC to tap into the Potable Water Facilities to serve the
development on the Retained Parcels.All costs and expenses associated therewith shall be invoiced and
paid in accordance with the procedure of Section 9 and 10 herein below.The location of such connection
shall be consistent with and as dictated by the planned development on the West Parcel, the
recommendation of the parties' engineers.
4. Access Road Easement. CCP,LLC and Clermont hereby declare,reserve,grant and convey for
the benefit of the Clermont Parcel and the Retained Parcels a mutual perpetual, non-exclusive easement,
right, license and privilege for passage and use,both pedestrian, vehicular and otherwise, in,under, over,
across,upon and through the Access Road Easement Area, as more particularly described on the attached
composite Exhibit "H" (the"Access Road Easement Area"), and including the installation, construction,
operation,use,inspection,maintenance,repair and replacement,from time to time,within the Access Road
Easement Area and within the Hancock Road right-of-way, of such paving, curbing, storm water,
driveways, aprons, berms, sidewalks, traffic signals, deceleration lanes, Hancock Road right-of-way
improvements,traffic control facilities,and other related improvements(the"Access Road Facilities")as
may be necessary to provide improved road and driveway access to the Clermont Parcel and Retained
Parcels as fully developed or otherwise(the"Access Road Easement"). Provided, the foregoing shall not
cause or result in the alteration of the layout, location,construction and use of any planned improvements
for the Retained Parcels.
5. Fence Easement.Along portions of the common boundary line between the Retained Parcels and
the Clermont Parcel as shown on the attached Exhibit"r(the"Common Boundary Line")the parties agree
to permit,construct,maintain,repair and replace(as needed)a chain link fence(or such other type of fence
or wall mutually agreed between the parties)with such covering as is required by the PUD Ordinance(the
"Fence") along the Common Boundary Line, with the intention that the centerline of the Fence(i.e., the
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center line of the vertical portion of the Fence) shall be approximately coterminous with the Common
Boundary Line. CCP, LLC and Clermont hereby declare,reserve, grant and convey for the benefit of the
Clermont Parcel and the Retained Parcels a mutual perpetual, non-exclusive easement, right, license and
privilege to construct, maintain, repair and replace (as needed) the Fence along the Common Boundary
Line and within an area two (2) feet (or more as reasonably required) on either side of the Common
Boundary Line, as more particularly described on the attached Exhibit"I" (the"Fence Easement Area").
Clermont shall be responsible for the initial construction and placement of the Fence and all costs and
expenses associated therewith shall be invoiced and paid in accordance with the procedure of Section 9 and
10 hereinbelow. Notwithstanding the foregoing, along the Common Boundary Line adjacent to the
Easement Parcel the Fence shall be located off of the Common Boundary and fully within the Clermont
Parcel to comply with the improvements restrictions imposed by Duke Energy (or its successors) within
the Easement Parcel.
6.Relocation of Certain Easement Areas. In the event any of the Easement Areas are relocated or
modified as allowed by and in accordance with the terms and conditions hereof,including the determination
of the specific location of the Incoming Transmission Easement Area after the execution of this Agreement,
thereafter the parties shall execute and record an amendment to this Agreement confirming the specific
location, dimensions, and legal descriptions of the relocated or modified Easement Area and shall record
an amendment to this Agreement confirming the foregoing, including the substitution of any required
exhibits. If agreed to by both parties, any Easement Area may be more specifically defined to reflect the
actual location of any Facilities within such Easement Area.
7.Term of Easements. The easements granted and imposed by this Agreement shall be perpetual,
becoming effective on the date hereof and remaining in full force and effect forever;unless terminated or
modified by written agreement, properly executed and recorded, between the parties hereto, or their
respective successors or assigns. The easement rights created by this Agreement shall be binding upon all
parties or persons claiming under them and shall run with the Property for the aforesaid term.The Incoming
Transmission Easement Area, Pond Easement Area, CCP Sanitary Sewer Easement Area, Clermont
Sanitary Sewer Easement Area, Potable Water Easement Area, Access Road Easement Area, Fence
Easement Area shall be collectively referred to herein as the"Easement Areas."
8.Reservation of Rights. CCP,LLC and Clermont each hereby reserve unto themselves,and their
successors and assigns,all right,title,interest and privilege associated with the fee simple ownership of the
Easement Areas described in Section 1,2,3,4,and 5 subject only to the continued exercise and use of the
easement rights granted in Sections 1, 2, 3, 4, and 5 of this Agreement. CCP, LLC's and Clermont's
reservations shall include,without limitation,the right to: (a)convey, grant,assign or transfer fee simple,
easement or other rights,titles or interests in the Easement Areas, including the dedication of portions of
the Easement Areas to the public;(b)to mortgage,pledge or otherwise encumber the Easement Areas;(c)
to subdivide and plat the Easement Areas or portions thereof; (d) improve, develop, construct, alter,
renovate,or repair the Easement Areas,including the placement of roadways,streets,sidewalks,curbs,and
other improvements within the Easement Areas.
9. Construction and Maintenance of Easement Areas and Facilities; Facilities Costs. Unless
otherwise agreed to by the parties in writing,Clermont shall be responsible for carrying out the engineering,
permitting, approval, development, construction, improvement, operation, maintenance, repair, and
renovation of the Drainage Facilities, CCP Sanitary Sewer Facilities, Clermont Sanitary Sewer Facilities,
Potable Water Facilities, Access Road Facilities, Hancock Road Facilities (as hereinafter defined), and
Fence along the Common Boundary Line(the Drainage Facilities,CCP Sanitary Sewer Facilities,Clermont
Sanitary Sewer Facilities,Potable Water Facilities, Access Road Facilities, Hancock Road Facilities, and
Fence along the Common Boundary Line may hereinafter collectively be referred to as the"Facilities"). It
is the intention of the parties that the permitting and construction of the Facilities shall be promptly initiated
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and completed so that their completion is contemporaneous with the earlier to occur of the anticipated
development and occupancy of the improvements on the Clermont Parcel or Retained Parcels.
Notwithstanding whether CCP, LLC or Clermont is responsible for the development, construction,
improvement,operation,maintenance,repair,renovation,approval and permitting of Facilities,and except
as provided hereinbelow related to the North Access Hancock Road Facilities(as hereinafter defined)and
Drainage Facilities within the Incoming Transmission Easement Area,CCP,LLC and Clermont,and their
successor and assigns, agree to pay all costs, expenses, and fees associated with their development,
construction, improvement, operation, maintenance, repair, renovation, approval and permitting of such
Facilities(collectively the"Facilities Costs")as provided herein. CCP,LLC shall be responsible for forty-
three percent (43.00%) of the Facilities Costs (the "CCP, LLC Cost Percentage") and Clermont shall be
responsible for fifty-seven percent(57.00%)of the Facilities Costs(the"Clermont Cost Percentage").The
party performing or incurring the costs for the operation, maintenance, repair or renovation of Facilities
shall invoice the non-performing or incurring party for its proportionate share of the costs. Invoices shall
be provided no more frequently than once every thirty days and shall be paid within thirty(30)days of the
date of the invoice. Failure to timely make any required payment shall subject the non-paying party to the
interest charges and default provisions set forth in Section 10 below. Notwithstanding the foregoing,
payment for development of the facilities and for major repair or renovation thereof shall be in accordance
with Section 10 below. Notwithstanding the foregoing or anything else contained herein to the contrary,
the cost and expense of construction, maintenance, repair and renovation of all Hancock Road Facilities
directly related to or arising from the northern access road on the Retained Parcels and which are within the
area of the Hancock Road right-of-way which is one hundred forty- five (145) feet north of and south of
the centerline of such northern access road point (the"North Access Hancock Road Facilities") shall be
paid solely by CCP, LLC. Similarly, notwithstanding the foregoing, the cost and expense of construction
of the Drainage Facilities within the Incoming Transmission Easement Area shall be paid solely by
Clermont. It is expressly understood by the parties that the cost-sharing provisions as set forth
herein, shall not be applicable to or include any impact fees, connection fees or assessments that
may be applicable to the improvements to be completed on the respective parcels. As a result,
each party agrees to bear the full cost and expense of such fees as may be attributable to the
development of its respective parcel. In the event any adjacent parcels are required to reimburse
or pay a portion of the costs of the extension of the Facilities along Hancock Road,the parties shall
prorate that reimbursement between themselves based on the CCP, LLC Cost Percentage and
Clermont Cost Percentage.
10. Payment of Facilities Costs: Default. The parties agree to the following provisions related to
the payment of Facilities Costs:
(a)Facilities Cost Determination. Unless otherwise agreed to by the parties in writing,
following Clermont's reasonable determination of the amount of the Facilities Costs (or
any specified portion or phase of such Facilities Costs) which must be incurred Clermont
shall issue a Notice (the "Cost Notice") to CCP, LLC informing it of Clermont's
determination and requesting CCP, LLC contribute an amount equal to the specified
Facilities Cost multiplied by the CCP,LLC Facilities Cost Percentage. Within thirty(30)
days of such Cost Notice, Clermont and CCP, LLC shall each deliver their respective
proportionate shares of the specified Facilities Costs to Clermont to be placed in a bank
account for payment of the specified Facilities Costs. In the event that either Clermont or
CCP, LLC fails to timely make a required payment, such party will be deemed to be in
default and subject to the provisions of Section 10(b)hereof. Any such amount owed and
unpaid shall begin to accrue interest from and after the end of the thirty(30)day period,at
an interest rate equal to four percent (4.00%)per annum in excess of the prime rate, as
published in the Wall Street Journal. Notwithstanding the foregoing,CCP, LLC shall be
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allowed to defer payment of its portion of the Facilities Cost until the actual
commencement of construction of the specified Facilities and the receipt of written
notification from Clermont specifying the date upon which Clermont intends to commence
construction of such specified Facilities.
(b)Default.If either party fails to pay any amount which is required to be paid pursuant to
this Agreement on or before the date when such amount is due and payable, such party
shall be deemed to be in default hereunder(the"Defaulting Party").Thereafter,the other
party not in default(the"Non-Defaulting Party")shall have the following options:
(i)The Non-Defaulting Party may make a loan on behalf of the Defaulting
Party in the amount of the Defaulting Party's Facilities Costs Percentage
which is due and unpaid. Such loan shall be payable with interest equal to
four percent(4.00%)per annum in excess of the prime rate,as published
in the Wall Street Journal,upon the expiration of sixty(60)days from the
date of the making of such loan.If such loan is not paid in full with interest
by the Defaulting Party when due the Non-Defaulting Party shall have the
option to pursue all available legal remedies against the Defaulting Party,
including, without limitation, a cause of action for the collection and
payment of the Defaulting Party's Facilities Cost Percentage amount or
loan,together with interest accruing thereon, and shall also be entitled to
collect all attorneys' fees and costs incurred in connection with the Non-
Defaulting Party's efforts to collect any amounts owed to it by the
Defaulting Party hereunder.
(ii)The Non-Defaulting Party may determine not to make a loan, but
instead immediately pursue a cause of action for the collection and
payment of the Defaulting Party's Facilities Cost Percentage amount,
together with interest accruing thereon,and shall also be entitled to collect
all attorneys' fees and costs incurred in connection with the Non-
Defaulting Party's efforts to collect any amounts owed to it by the
Defaulting Party hereunder.
11. Approval and Construction of Off-Site Improvements.Subject to CCP,LLC's obligation to pay
for the North Access Hancock Road Facilities as set forth in Section 9 hereinabove and elsewhere in this
Agreement, Clermont shall be responsible for designing, planning, engineering,permitting and obtaining
all approvals,construction and completion of the following improvements(the"Off-Site Improvements"):
(a)Hancock Road(and connected roadways)right-of-way improvements required by Lake
County, Florida, ("Lake County"), the Florida Department of Transportation and other
governmental agencies in connection with the planned development of the Property,
including, without limitation, required turn lanes, deceleration and acceleration lanes,
widening,drainage,sidewalks,and traffic signalization for both the shared southern access
road and the north access road located at the northwest corner of the West Parcel (the
"Hancock Road Facilities").
(b)Sanitary sewer and potable water and improvements, extensions and construction
required in connection with the planned development of the Property, including, without
limitation,pipes,conduit,berms,and lift stations(the"Sewer and Water Improvements"),
which shall commence from the point of connection for such lines and facilities at the
nearest point to the Property and be of sufficient size and capacity to accommodate the
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anticipated sanitary sewer and potable water necessary to serve the planned development
on the Property.
(c)Electrical service required in connection with construction of the Facilities.
The foregoing Off-Site Improvements shall be completed contemporaneous with the earlier to occur of the
anticipated development and occupancy of the improvements on the Clermont Parcel or Retained Parcels.
The construction of the Off-Site Improvements shall be completed in a manner to allow access to Hancock
Road and connection to the Sewer and Water Improvements from the boundary lines or interior of both the
Retained Parcels and the Clermont Parcel.The costs for the development,design,construction,operation,
maintenance and repair of the Off-site Improvements shall be apportioned between the parties as set forth
in Section 9 above, except for the North Access Hancock Road Facilities, which shall be paid solely by
CCP, LLC. Clermont shall provide to CCP, LLC's a Cost Notice for the Off-site Improvements and
Clermont and CCP,LLC shall contribute the costs to be held by Clermont as provided in Section 9 above.
Furthermore, Clermont shall be responsible for planning, engineering, permitting and obtaining all
approvals,construction and completion of all mass-grading of the site for both the Retained Parcels and the
Clermont Parcel(the"Mass Grading")required for the planned development of both the Retained Parcels
and the Clermont Parcel. The costs for the Mass Grading shall be apportioned between the parties as set
forth in Section 9 above.Clermont shall provide to CCP,LLC a Cost Notice for the Off-site Improvements
and Clermont and CCP, LLC shall contribute the costs to be held by Clermont as provided in Section 10
above.
12. Approvals by Parties.The owner of the Retained Parcels and Clermont Parcel shall be provided
with true, correct and complete copies of all: (a) engineering plans and specifications, (b) construction
drawings or plans, and (c) applications for or requests, correspondence or communications specifically
pertaining to any governmental approvals in connection with the Retained Parcels, Clermont Parcel,
Drainage Facilities, Sanitary Sewer Facilities, Access Road Facilities, and any other utilities or
development on the Property prior to the submission or delivery thereof to any governmental authority.No
such documents shall be submitted to any governmental authority or any improvement or construction
commenced related thereto unless and until they have been approved by the non-submitting owner,which
approval the non-submitting owner shall not unreasonably withhold,condition or delay.Within twenty(20)
days after receipt of any submittal of a proposed application or request to a governmental authority as
described herein, the non-submitting owner shall provide to the submitting owner written notice stating
whether the non-submitting owner has approved or disapproved the submittal of such application or request
to the appropriate governmental authority. If such submittal is disapproved the notice shall also contain a
statement of the non-submitting engineer's reasons for such disapproval and any questions, concerns,
comments and objections thereto and suggested changes proposed by the non-submitting owner in order to
render such proposed application or request acceptable to the non-submitting owner. If the non-submitting
owner fails to respond, in writing,to any such submission of a proposed application or request within the
aforesaid twenty(20)day period,or to any resubmission thereof necessitated by the non-submitting owner's
disapproval of a previous submission,within five(5)business days after receipt of any such resubmission,
then the submitting owner may give to the non-submitting owner written notice of such failure to respond,
specifically stating that unless the non-submitting owner responds within five(5)business days of receipt
of such notice, approval of the submission such proposed application or request to the appropriate
governmental authority shall be deemed granted.If the non-submitting owner fails to respond to such notice
within such five(5)business day period,the non-submitting owner shall be deemed to have approved the
proposed application or request last submitted, and the submitting owner shall be entitled to submit the
same to the appropriate governmental authority.Neither the owner of the Retained Parcels nor the Clermont
Parcel shall have any right to approve the specific site plans or building plans pertaining to the development
of any portions of the Retained Parcels or Clermont Parcel;provided,Clermont shall have all governmental
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rights, subject to the that certain PUD Ordinance Number 2017-39 dated March 13, 2018 relating to
approval of development and construction on the Retained Parcels,as amended(the"PUD Ordinance").
13. Further Assurances. CCP, LLC and Clermont, and their respective successors in title and
assigns,agree to reasonably cooperate with each other and all other parties and all governmental authorities
having jurisdiction over the Retained Parcels and Clermont Parcel in order to fmalize the location and
design of the Facilities and provide such additional documentation and take such actions as may be
necessary to evidence and carry out the requirements,spirit and intent of this Agreement.Both parties agree
to diligently and in good faith comply with the deadlines herein and to expedite the preparation,finalization
and submission of all plans, specifications, applications, permits and approvals required to facilitate the
development, improvement, construction, and occupancy on both the Retained Parcels and the Clermont
Parcel and to not unduly delay either parties'construction schedules. In furtherance of the foregoing,CCP,
LLC and Clermont,and their respective successors in title and assigns,covenant and agree that they will at
any time and from time to time do such acts and execute,acknowledge and deliver,or cause to be executed,
acknowledged and delivered, such applications and documents reasonably requested by the parties
necessary to evidence and carry out the requirements, spirit and intent of this Agreement. The easement
rights granted herein are intended to serve any and all possible or potential future land uses of the Retained
Parcels and Clermont Parcel. In furtherance of the easements granted and created herein there shall not be
constructed or placed within the Easement Area any permanent barriers, walls, fences, improvements,
structures, equipment, trees, undergrowth, motor vehicles, personal property, or other items that conflict
with or would preclude, prohibit or hinder in any fashion the reasonable exercise of the easement rights
contemplated hereinabove.The owners of the Retained Parcels and the Clermont Parcel agree to cooperate
with each other in obtaining the necessary permits and approvals from the appropriate governmental
authorities or other entities in order to construct the Facilities and develop, improve and use the Property.
Clermont shall reasonably cooperate with and assist CCP,LLC in its efforts to petition the City Council of
the City of Clermont to vacate and abandon the road right-of-way adjacent to the north boundary line of the
Retained Parcels and established by the Plat of Lake Highlands Company, as recorded in Plat Book 3,
Page(s)24,in the Public Records of Lake County,Florida.
14. Prohibitions. Notwithstanding anything contained herein to the contrary, any owner of the
Retained Parcels or the Clermont Parcel shall be prohibited from taking any action or failing to take any
action in the exercise of any rights or interests or the performance of any obligations hereunder if such
action or failure to take action would result in:
(a)Any owner of the Retained Parcels or the Clermont Parcel being in violation of any
governmental approvals, including, without limitation, any such approvals, permits or
authorizations issued by the State of Florida,the Department of Environmental Protection,
the St.Johns River Water Management District,the Florida Department of Transportation,
Lake County, any municipality, or any commission, agency, board, department, or
instrumentality of same,related to either the Retained Parcels or the Clermont Parcel.
(b)Any alteration in the drainage,transmission,retention,or detention of surface water on
the Retained Parcels or Clermont Parcel or the stormwater and surface water drainage
facilities.
(c)Any damage, destruction, or improper use, maintenance, operation, repair, or
replacement of any Facilities. stormwater and surface water drainage facilities, CCP
Sanitary Sewer Facilities,Clermont Sanitary Sewer Facilities,or Access Road Facilities.
15. Defaults.The occurrence of one or more of the following events shall constitute a default under
this Agreement:
-8-
(a)the failure or omission of any party to pay when due any monetary amounts it is
obligated to pay pursuant to the terms hereof; provided, such failure shall continue for
thirty(30)days following the date when such payment was due;or
(b)the failure of either party to keep,observe or perform any term,condition or obligation
of this Agreement required hereunder to be kept, observed or performed by such party
(other than a monetary default specified in Section 15(a) above); provided, such failure
shall continue for thirty(30)days following the date when such performance was due.
16. Remedies: Right to Perform. Each owner of the Retained Parcels and the Clermont Parcel
understands and agrees that they have a significant economic interest in ensuring expeditious, good faith
compliance with this Agreement and any actions or omissions by any party hereto does not detrimentally
affect the Retained Parcels and the Clermont Parcel and their improvement, development, improvement,
occupancy,use and possession.Therefore,if any party hereto abandons or fails to expeditiously,diligently
and in good faith fully perform its obligations hereunder,or fails to obtain a building or construction permit,
certificate of completion or other required governmental approvals for the Facilities, or any other
construction, improvement, development, relocation, reconstruction, re-grading, re-dimensioning,
replacement, or maintenance obligations required hereunder for a period in excess of thirty (30) days
following delivery of written notice describing any such failure; or (ii) if any party otherwise fails to
perform its obligations hereunder, then in any of the foregoing events(such party being referred to as the
"Defaulting Party"), if the Defaulting Party has not remedied such default within thirty (30) days after
delivery of notice,the non-Defaulting Party shall have the option(in addition to and not in lieu of its other
rights and remedies hereunder or under the Agreement),to enter the Retained Parcels or the Clermont Parcel
(as applicable)and complete such construction or other obligations,and take any other measures necessary
to remedy such default. The Defaulting Party shall promptly, upon demand by the non-Defaulting Party
reimburse the non-Defaulting Party for all costs and expenses incurred by the non-Defaulting Party in
remedying such default,plus an additional twenty percent(20.00%)administrative fee paid directly to the
non-Defaulting Party.Any amounts owed by hereunder or otherwise under this Agreement shall also accrue
interest at four percent (4.00%)per annum in excess of the prime rate, as published in the Wall Street
Journal until paid.Furthermore,the Defaulting Party hereby grants to the non-Defaulting Party the right to
file and foreclose a claim of lien against all or any portion of the Retained Parcels or the Clermont Parcel
(as applicable)for all of the foregoing monetary amounts owed to the non-Defaulting Party.
17. Indemnification. CCP,LLC and Clermont each agree to indemnify the other against and hold
the other harmless from and against any and all claims,damages,liability,demands,causes of action,losses,
costs and expenses,including reasonable attorneys' fees at the trial and appellate levels,resulting from or
occasioned from their use of their respective easement rights or such use by their tenants,licensees,invitees,
employees or guests. The right to such indemnification shall not be enforceable if such claim, damage,
liability,demand,cause of action, loss or costs and expenses arise from the negligent acts or omissions of
the party seeking indemnification. Nothing herein shall act as or be construed as a waiver of any sovereign
immunity that Clermont may enjoy as a matter of law.
18.No Public Benefit. Except as related to and part of Clermont's intended use of the Clermont
Parcel as a public purpose facility, nothing contained in this Agreement shall be deemed to be a gift or
dedication of any portion of either the Retained Parcels or Clermont Parcel to the general public or for any
public use or purpose whatsoever, it being the intention of the parties hereto that this Agreement is for the
exclusive benefit of the owners of the Retained Parcels and Clermont Parcel,and their successors,assigns,
mortgagees, tenants, customers and invitees, and that nothing in this Agreement express or implied, shall
confer upon any person, other than such owners, and their successors, assigns, mortgagees, tenants,
-9-
customers and invitees any rights or remedies under or by reason of this Agreement. The parties hereto
shall take no action or fail to take any action which would violate the foregoing provision.
19. Notices.All notices provided for in this Agreement shall be in writing and sent or delivered to
the mailing or email addresses or facsimile numbers set forth below or at such other addresses or facsimile
numbers as the parties shall designate to each other in writing:
CCP,LLC Name: Clermont Commerce Park,LLC,a Florida limited liability company;
Attn.:John Kingman Keating,Esq.
Address: 250 East Colonial Drive, Suite 300,Orlando,Florida 32801
Phone Number/Facsimile Number/Email:407-425-2907/407-425-6345/
jkk@keatlaw.com
Clermont Name: City of Clermont;Attn.: City Manager
Address:Post Office Box 120219,Clermont,Florida 34712
Phone Number/Facsimile Number/Email: 352-241-7358/352-394-4087/
DGray@clermontfl.org
with a copy to: Name: De Beaubien, Simmons, Knight, Mantzaris & Neal, LLP; Attn.:
Daniel F. Mantzaris,Esq.
Address: 332 North Magnolia Avenue,Orlando,Florida 32801
Phone Number/Facsimile Number/Email: 407-422 2454/407-992-3541
dfm14@dbksmn.com
Any notice or demand so given,delivered or made by United States mail shall be deemed to have
been given: (a) in the case of hand delivery, when delivered to the address set forth above, (b) in the case
of mailing,on the third(3'a)business day after said document has been deposited in the United States Mails,
postage prepaid,and sent by certified or registered mail and addressed to the other party at the address set
forth above,and(c)in any case(including email or facsimile delivery)upon the actual receipt by the other
party.Delivery to either party's legal counsel shall be deemed sufficient delivery.CCP,LLC and Clermont
may from time to time notify the other or changes with respect to where and to whom notices should be
sent by sending notification of such changes pursuant to this Section.
20.Time of the Essence.Time,and timely performance,is of the essence of this Agreement and of
the covenants,obligations,and provisions hereunder.Any time period that shall end on a Saturday,Sunday,
legal holiday,or bank holiday shall extend to 5:00 p.m.Eastern Standard(or Daylight,as applicable)Time
of the next full business day.
21. Violations. Enforcement and Attorneys' Fees. The rights and obligations granted or created
hereby shall be enforceable by CCP, LLC or Clermont, or their respective successor or assigns, by
injunction or by specific performance,or the parties hereto may seek monetary damages, if appropriate. If
any legal action or other proceeding or action is brought for the enforcement of this Agreement,or because
of an alleged dispute, breach, default, or misrepresentation in connection with any provision of this
Agreement, the successful or prevailing party or parties shall be entitled to recover reasonable attorneys'
fees, court costs,and all other expenses, even if not taxable court costs (including, without limitation, all
-10-
such fees, costs and expenses incident to arbitration, appellate, bankruptcy, and post judgment
proceedings), incurred in that action or proceeding or any appeal, in addition to any other relief to which
the party or parties may be entitled.Attorneys'fees include paralegal fees,expert witness fees,investigative
fees,administrative costs, and all other charges billed by the attorney to the prevailing party. All disputes
or disagreements arising under this Agreement shall be subject to mediation as a condition precedent to the
institution of legal or equitable proceedings by either party. Mediation shall proceed in advance of legal or
equitable proceedings, which shall be stayed pending mediation for a period of forty-five (45) days from
the date of filing, unless stayed for a longer period by agreement of the parties or court order. Mediation
may be initiated by either party within ten (10) days after either party sends written notice ("Mediation
Notice")of a demand to mediate.The Mediation Notice shall contain a description of the subject matter of
the mediation,the dispute with respect thereto,the amount involved,if any,and the remedy or determination
sought.The parties shall agree on an AAA mediator to act as the mediator.If they are unable to agree within
ten (10) days of the Mediation Notice, then they shall request that AAA provide a list of three available
mediators. Each party shall have the right to strike one of such names.The remaining mediator(or if there
are two,the one selected by AAA)will serve as the mediator.The parties shall share the mediator's fee and
any filing fees equally.The mediation shall be held in the city where the Premises are located,unless another
location is mutually agreed upon. Agreements reached in mediation shall be enforceable as settlement
agreements in any court having jurisdiction thereof.
22. Successors and Assigns. The rights, titles, interests, privileges, reservations, obligations and
duties herein provided shall inure to the benefit and burden of the Retained Parcels and Clermont Parcel
and their respective owners, and each of their respective successors, assigns, grantees, transferees,
including,without limitation,their respective mortgagees,tenants, licensees, invitees,customers,patients,
employees and guests. In the event either the Retained Parcels or the Clermont Parcel shall be further
subdivided or any portions thereof shall have different owners, then all of such subsequent owners,
successors,assigns,grantees,or transferees, shall have joint and several liability for the obligations,duties
and liabilities set forth herein and in this Agreement.
[BALANCE OF PAGE INTENTIONALLY LEFT BLANK
-SIGNATURES AND NOTARY CERTIFICATIONS ON FOLLOWING PAGES]
-11-
i
IN WITNESS WHEREOF, this Agreement Regarding Easements, Improvements, Maintenance
and Cost Sharing to be executed as of the date first written above.
WITNESSES: CLERMONT COMMERCE PARK,LLC
CLERMONT COMMERCE PARK,LLC,a
Florida limited liability company
WITNESS SIGNATURE
WITNESS NAME PRINTED
By:
John Kingman Keating
WITNESS SIGNATURE As its Manager
WITNESS NAME PRINTED
STATE OF FLORIDA
COUNTY OF ORANGE
I HEREBY CERTIFY, as an officer duly authorized to take acknowledgments and oaths in the State and County
aforesaid, that at the execution of this instrument on the date set forth below,John Kingman Keating as Manager of Clermont
Commerce Center, LLC,a Florida limited liability company,personally appeared before me and executed or acknowledged his
previous execution of this instrument.I HEREBY FURTHER CERTIFY,that John Kingman Keating,is the same person either
executing or acknowledging execution of the foregoing instrument because: o I personally know him/her/them OR o I have
satisfactory evidence of same based upon a o Florida driver's license or o Other identification:
. WITNESS my hand and official seal in the State and County aforesaid
this day of May,2018.
Notary Public Signature
(PLACE NOTARY NAME&SEAL IMMEDIATELY BELOW)
WITNESSES: CLERMONT
CITY OF CLERMONT,a Florida municipal
. corporation
WITNESS SIGNATU*4
W ESS NAM PRRJTED
By:
Gail Ash
W ESS SIGNAT dor As its Mayor
'FRfp1D SvA Rte.
WITNESS NAME PRINTED
STATE OF FLORIDA
COUNTY OF ORANGE
I HEREBY CERTIFY, as an officer duly authorized to take acknowledgments and oaths in the State and County
aforesaid,that at the execution of this instrument on the date set forth below,Gail Ash as Mayor of the City of Clermont,a Florida
municipal corporation,personally appeared before me and executed or acknowledged his previous execution of this instrument.I
HEREBY FURTHER CERTIFY,that Gail Ash,is the same person either executing or acknowledging execution of the foregoing
instrument because:o'1'personally know him/her/them OR o I have satisfactory evidence of same based upon a o Florida driver's
license or Other identification: .WITNESS my hand and official seal in
the State and County aforesaid this e' 'day of May,2018.
ary Public Signature
(PLACE NOTARY NAME&SEAL IMMEDIATELY BELOW)
Carlie Zinker
Pue CARLIE ZINKER
Commission MGG 128898
Expires July 27,2021
'fFOF FLOP Bonded TMu Budget Notary Si*.s
EXHIBIT"A"-LEGAL DESCRIPTION OF THE PROPERTY
THAT PART OF THE WEST 1,660 FEET OF THE NORTHWEST ONE-QUARTER('/+)OF SECTION
34,TOWNSHIP 22 SOUTH,RANGE 26 EAST,LESS THE SOUTH 1,575 FEET OF THE NORTH ONE-
HALF('/s)OF THE WEST 1,660 FEET OF SAID NORTHWEST ONE-QUARTER(1/4)AND LESS THE
ROAD RIGHT-OF-WAY OF LAKE HANCOCK ROAD ON THE WEST, BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCE AT THE NORTHWEST CORNER OF SAID SECTION 34 FOR A POINT OF
REFERENCE; THENCE, RUN NORTH 90°00'00" EAST, ALONG THE NORTH LINE OF SAID
NORTHWEST ONE-QUARTER ('/), A DISTANCE OF 25.00 FEET TO A POINT LYING ON THE
EASTERLY RIGHT-OF-WAY LINE OF LAKE HANCOCK ROAD (COUNTY ROAD 3-1255) AS
DESCRIBED IN OFFICIAL RECORDS BOOK 474,PAGE 999 OF THE PUBLIC RECORDS OF LAKE
COUNTY, FLORIDA, SAID POINT BEING THE POINT OF BEGINNING; THENCE, DEPARTING
SAID RIGHT-OF-WAY LINE, RUN NORTH 90°00'00" EAST, ALONG SAID NORTH LINE, A
DISTANCE OF 1,635.24 FEET TO THE EAST LINE OF THE AFORESAID WEST 1,660.00 FEET;
THENCE,DEPARTING SAID NORTH LINE,RUN SOUTH 00°57'45"EAST,PARALLEL WITH AND
1,660.00 FEET EAST OF,PERPENDICULAR MEASURE,THE WEST LINE OF SAID NORTHWEST
ONE-QUARTER(%),A DISTANCE OF 949.22 FEET TO THE NORTH LINE OF AFORESAID SOUTH
1,575.00 FEET;THENCE RUN SOUTH 89°43'18"WEST,ALONG SAID NORTH LINE,A DISTANCE
OF 1,635.12 FEET TO THE AFORESAID EAST RIGHT-OF WAY LINE, THENCE RUN NORTH
00°57'47" WEST, ALONG SAID RIGHT-OF-WAY LINE, A DISTANCE OF 957.16 FEET TO THE
POINT OF BEGINNING.
EXHIBIT"A-1" -DEPICTION OF THE PROPERTY
[INSERT SKETCH OF DESCRIPTION OF THE 4 PARCELS FROM ALLEN&COMPANY]
EXHIBIT"B"-LEGAL DESCRIPTION OF THE CLERMONT PARCEL
CLERMONT PARCEL(PARCEL"D"):
A PARCEL OF LAND LYING IN THE NORTHWEST 1/4 OF SECTION 34, TOWNSHIP 22 SOUTH,
RANGE 26 EAST, LAKE COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
COMMENCE AT THE NORTHWEST CORNER OF SAID SECTION 34; THENCE RUN NORTH
90°00'00" EAST ALONG THE NORTH LINE OF SAID NORTHWEST 1/4 A DISTANCE OF 25.00
FEET TO THE EASTERLY RIGHT OF WAY LINE OF HANCOCK ROAD(COUNTY ROAD 3-1255),
AS DESCRIBED IN OFFICIAL RECORDS BOOK 474, PAGE 999 OF THE PUBLIC RECORDS OF
LAKE COUNTY, FLORIDA; T HENCE RUN SOUTH 00057'47" EAST ALONG SAID EASTERLY
RIGHT OF WAY LINE FOR A DISTANCE OF 676.16 FEET TO THE POINT OF BEGINNING;
THENCE DEPARTING SAID EASTERLY RIGHT OF WAY LINE RUN NORTH 90°00'00"EAST FOR
A DISTANCE OF 526.00 FEET; THENCE RUN NORTH 00°00'00" EAST FOR A DISTANCE OF
285.00 FEET;THENCE RUN NORTH 90°00'00" EAST FOR A DISTANCE OF 512.82 FEET TO THE
WESTERLY LINE OF A 30 FOOT UTILITY EASEMENT AS RECORDED IN OFFICIAL RECORDS
BOOK 925,PAGE 230 OF AFORESAID PUBLIC RECORDS;THENCE RUN SOUTH 50°14'58"EAST
ALONG SAID WESTERLY LINE FOR A DISTANCE OF 780.41 FEET TO THE EAST LINE OF THE
WEST 1660 FEET OF THE AFORESAID NORTHWEST 1/4 OF SECTION 34;THENCE RUN SOUTH
00°5T45"EAST ALONG SAID EAST LINE FOR A DISTANCE OF 58.99 FEET TO THE NORTH LINE
OF THE SOUTH 1575 FEET OF THE WEST 1660 FEET OF AFORESAID NORTHWEST 1/4 OF
SECTION 34; THENCE RUN SOUTH 89°43'18" WEST ALONG SAID NORTH LINE FOR A
DISTANCE OF 1635.12 FEET TO AFORESAID EASTERLY RIGHT OF WAY LINE; THENCE RUN
NORTH 00°57'47" WEST ALONG SAID EASTERLY RIGHT OF WAY LINE FOR A DISTANCE OF
281.00 FEET TO THE POINT OF BEGINNING.
[CONTAINING 620,770.01 SQUARE FEET(14.25 ACRES),MORE OR LESS.]
EXHIBIT"C"-LEGAL DESCRIPTION OF RETAINED PARCELS
WEST PARCEL(PARCEL"A"):
A PARCEL OF LAND LYING IN THE NORTHWEST 1/4 OF SECTION 34,TOWNSHIP 22 SOUTH,
RANGE 26 EAST, LAKE COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
COMMENCE AT THE NORTHWEST CORNER OF SAID SECTION 34; THENCE RUN NORTH
90°00'00" EAST ALONG THE NORTH LINE OF SAID NORTHWEST 1/4 A DISTANCE OF 25.00
FEET TO THE EASTERLY RIGHT OF WAY LINE OF HANCOCK ROAD(COUNTY ROAD 3-1255),
AS DESCRIBED IN OFFICIAL RECORDS BOOK 474, PAGE 999 OF THE PUBLIC RECORDS OF
LAKE COUNTY, FLORIDA, SAID POINT BEING THE POINT OF BEGINNING; THENCE
DEPARTING SAID EASTERLY RIGHT OF WAY LINE,RUN NORTH 90°00'00"EAST ALONG SAID
NORTH LINE A DISTANCE OF 579.99 FEET TO THE WESTERLY LINE OF A 30 FOOT UTILITY
EASEMENT AS RECORDED IN OFFICIAL RECORDS BOOK 925, PAGE 230 OF AFORESAID
PUBLIC RECORDS; THENCE DEPARTING SAID NORTH LINE, RUN SOUTH 50°14'58" EAST
ALONG SAID WESTERLY LINE FOR A DISTANCE OF 611.57 FEET;THENCE DEPARTING SAID
WESTERLY LINE, RUN SOUTH 90°00'00" WEST FOR A DISTANCE OF 512.82 FEET; THENCE
RUN SOUTH 00°00'00"EAST FOR A DISTANCE OF 285.00 FEET;THENCE RUN SOUTH 90°00'00"
WEST FOR A DISTANCE OF 526.00 FEET TO THE AFORESAID EASTERLY RIGHT OF WAY LINE
OF HANCOCK ROAD; THENCE RUN NORTH 00°57'47" WEST ALONG SAID EASTERLY RIGHT
OF WAY LINE FOR A DISTANCE OF 676.16 FEET TO THE POINT OF BEGINNING.
[CONTAINING 468,061.42 SQUARE FEET(10.75 ACRES),MORE OR LESS.]
EASEMENT PARCEL(PARCEL"B"):
A PARCEL OF LAND LYING IN THE NORTHWEST 1/4 OF SECTION 34,TOWNSHIP 22 SOUTH,
RANGE 26 EAST, LAKE COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
COMMENCE AT THE NORTHWEST CORNER OF SAID SECTION 34; THENCE RUN NORTH
90°00'00" EAST ALONG THE NORTH LINE OF SAID NORTHWEST 1/4 A DISTANCE OF 25.00
FEET TO THE EASTERLY RIGHT OF WAY LINE OF HANCOCK ROAD(COUNTY ROAD 3-1255),
AS DESCRIBED IN OFFICIAL RECORDS BOOK 474, PAGE 999 OF THE PUBLIC RECORDS OF
LAKE COUNTY,FLORIDA;THENCE DEPARTING SAID EASTERLY RIGHT OF WAY LINE,RUN
NORTH 90000'00" EAST ALONG SAID NORTH LINE A DISTANCE OF 579.99 FEET TO THE
WESTERLY LINE OF A 30 FOOT UTILITY EASEMENT AS RECORDED IN OFFICIAL RECORDS
BOOK 925, PAGE 230 OF AFORESAID PUBLIC RECORDS, SAID POINT BEING THE POINT OF
BEGINNING; THENCE CONTINUE NORTH 90°00'00" EAST ALONG SAID NORTH LINE FOR A
DISTANCE OF 312.77 FEET TO THE EASTERLY LINE OF A 170 FOOT UTILITY EASEMENT AS
RECORDED IN OFFICIAL RECORDS BOOK 320,PAGE 610 OF AFORESAID PUBLIC RECORDS;
THENCE DEPARTING SAID NORTH LINE RUN SOUTH 50°14'58" EAST ALONG SAID
EASTERLY LINE FOR A DISTANCE OF 979.41 FEET TO THE EAST LINE OF THE WEST 1660
FEET OF THE AFORESAID NORTHWEST 1/4 OF SECTION 34; THENCE RUN SOUTH 00°57'45"
EAST ALONG SAID EAST LINE FOR A DISTANCE OF 263.86 FEET TO THE AFORESAID
WESTERLY LINE OF A 30 FOOT UTILITY EASEMENT;THENCE DEPARTING SAID EAST LINE
RUN NORTH 50°14'58"WEST ALONG SAID WESTERLY LINE A DISTANCE OF 1391.99 FEET TO
THE POINT OF BEGINNING.
[CONTAINING 237,139.56 SQUARE FEET(5.44 ACRES),MORE OR LESS.]
DRAINAGE PARCEL(PARCEL"C"):
A PARCEL OF LAND LYING IN THE NORTHWEST 1/4 OF SECTION 34,TOWNSHIP 22 SOUTH,
RANGE 26 EAST, LAKE COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
COMMENCE AT THE NORTHWEST CORNER OF SAID SECTION 34; THENCE RUN NORTH
90°00'00" EAST ALONG THE NORTH LINE OF SAID NORTHWEST 1/4 A DISTANCE OF 25.00
FEET TO THE EASTERLY RIGHT OF WAY LINE OF HANCOCK ROAD(COUNTY ROAD 3-1255),
AS DESCRIBED IN OFFICIAL RECORDS BOOK 474, PAGE 999 OF THE PUBLIC RECORDS OF
LAKE COUNTY,FLORIDA;THENCE DEPARTING SAID EASTERLY RIGHT OF WAY LINE,RUN
NORTH 90°00'00" EAST ALONG SAID NORTH LINE A DISTANCE OF 892.76 FEET TO THE
EASTERLY LINE OF A 170 FOOT UTILITY EASEMENT AS RECORDED IN OFFICIAL RECORDS
BOOK 320, PAGE 610 OF SAID PUBLIC RECORDS, SAID POINT BEING THE POINT OF
BEGINNING; THENCE CONTINUE NORTH 90°00'00" EAST ALONG SAID NORTH LINE FOR A
DISTANCE OF 742.48 FEET TO THE EAST LINE OF THE WEST 1660 FEET OF THE AFORESAID
NORTHWEST 1/4 OF SECTION 34; THENCE RUN SOUTH 00°57'45" EAST ALONG SAID EAST
LINE FOR A DISTANCE OF 626.37 FEET TO THE EASTERLY LINE OF A 170 FOOT UTILITY
EASEMENT AS RECORDED IN OFFICIAL RECORDS BOOK 320, PAGE 610 OF AFORESAID
PUBLIC RECORDS; THENCE RUN NORTH 50°14'58" WEST ALONG SAID EASTERLY LINE A
DISTANCE OF 979.41 FEET TO THE POINT OF BEGINNING.
CONTAINING 232,501.86 SQUARE FEET(5.34 ACRES),MORE OR LESS.
COMPOSITE EXHIBIT"D"-LEGAL DESCRIPTION AND DEPICTION OF THE
INCOMING TRANSMISSION EASEMENT AREA AND POND EASEMENT AREA
COMPOSITE EXHIBIT"E"-LEGAL DESCRIPTION AND DEPICTION OF THE
CCP SANITARY SEWER EASEMENT AREA
COMPOSITE EXHIBIT"F"-LEGAL DESCRIPTION AND DEPICTION OF THE
CLERMONT SANITARY SEWER EASEMENT AREA
COMPOSITE EXHIBIT"G"-LEGAL DESCRIPTION AND DEPICTION OF THE
POTABLE WATER EASEMENT AREA
COMPOSITE EXHIBIT"H"-LEGAL DESCRIPTION AND DEPICTION OF THE
ACCESS ROAD EASEMENT AREA
EXHIBIT"P'-LEGAL DESCRIPTION AND DEPICTION OF THE
FENCE EASEMENT AREA
/SKETCH OF DESCRIPTION
SHEET 1 OF 2
LEGAL DESCRIPTION ( Sanitary Sewer Easement — Alternative Route).
A parcel of land comprising a portion of Section 34, Township 22 South, Range 26 East, Lake
County, Florida.
Being more particularly described as follows:
COMMENCE at the Northwest corner of aforesaid Section 34; thence run North 90'00'00" East
along the North line of the Northwest 1/4 of said Section 34 for a distance of 25.00 feet to
a point on the Easterly right—of—way line of Hancock Road (County Road 3-1255) according to
Official Records Book 474, Page 999 of the Public Records of Lake County, Florida and the
POINT OF BEGINNING; thence departing said Easterly right—of—way line continue North 90'00'00"
East along said North line of the Northwest 1/4 of said Section 34 for a distance of 579.99
feet to a point on the Westerly line of a 30.00 foot wide utility easement according to Official
Records Book 925, Page 230 of said Public Records; thence run South 50'14'58" East along
said Westerly line for a distance of 120.16 feet; thence departing said Westerly line run South
00'00'00" East for a distance of 314.23 feet; thence run South 90'00'00" West for a distance
of 15.00 feet; thence run North 00'00'00" East for a distance of 307.20 feet; thence run
North 50'14'58" West for a distance of 107.70 feet; thence run South 90'00'00" West for a
distance of 574.31 feet to a point on aforesaid Easterly right—of—way line of Hancock Road
(County Road 3-1255); thence run North 00'57'47" West for a distance of 15.00 feet to the
POINT OF BEGINNING.
Contains 15,027 square feet, 0.34 acres more or less.
/
♦���♦ SURVEYOR'S NOTES: Ski
THIS IS NOT A SURVEY.
THE DEUNEATION OF THE LANDS SHOWN HEREON ARE AS PER THE CLIENTS REQUEST.
♦♦;•# ,�,;♦♦ THIS LEGAL DESCRIPTION AND SKETCH WERE PREPARED WITHOUT THE BENEFIT OF TITLE.
THIS SKETCH IS NOT VAUD WITHOUT THE SIGNATURE AND ORIGINAL RAISED SEAL OF A FLORIDA LICENSED
*ALLEN
SURVEYOR AND MAPPER.
BEARINGS SHOWN HEREON ARE ASSUMED AND BASED ON THE NORTH LINE OF NORTHWEST 1/4
ALLEN SECTION 34-22-26 BEING N90'00'00"E FOR ANGULAR DESIGNATION ONLY.
24302 JLR FOR THE UCENSED BUSINESS # 6723 BY:
COMPANY JOB NO. CALCULATED BY:
DATE: 5-7-2016 DRAWN BY PJR
SCALE: 1" 150 FEET CHECKED BY: JLR
16 East Pant Street N/A JAMES L RICKMAN P.S.M. # 5633 /
%ter Garden.Reid° 34W t(407)654 5355 FIELD BY:
SKETCH OF DESCRIPTION
SHEET 2 OF 2
SANITARY SEWER EASEMENT — ALTERNATIVE ROUTE
X
N.I POINT OF N N
X
COMMENCEMENT N N
NW CORNER OF \
,r-
SECTION 34-22-26 NORTH LINE OF \ \ \
POINT OF NORTHWEST 1/4 \ \ \
BEGINNING SECTION 34-22-26
S N90'00'00"E 579.99' N
S90'00'00"W 574.31' 47
\ N
x i
0 3°- 3?qA'+Cq - \
2 XGiiu. c s�F
ot
W LINE OF NW 1/4 b 04 \e9.\
SECTION 34-22-26 4i
WAREHOUSE PARCEL ►� �' N�rA�
I W
w N°'i'
�. TI N-
s p O N A\
a _ EASTERLY RIGHT-OF-WAY UNE
N PER O.R. 474, PG. 999 O Q ��`lO N.n 0 0 J/f `
m z u) WLY LINE OF \
M a 30' UTILITY EASEMENT
In
PER OR. 925, PG. 230 \
Q rn
O i L2
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LINE TABLE
I Z M LINE LENGTH BEARING
• L1 120.18' S50'14'58"E
I U a L2 15.00' S90'00'00"W
10, L3 107.70' N50'14'58"W
Q 6 L4 15.00' N00'57'47"W CLEREMONT PARCEL
O a
Ce a
a
U6
0U iati
Q
0
0
vi
to
... THIS IS NOT A SURVEY: OO DENOTES CHANGE IN DIRECTION
skil
R W DENOTES RIGHT-OF-WAY
♦�, ,�♦ tE DENOTES CENTERUNE
♦.♦• ,, ,, P.C. DENOTES POINT OF P.T. DENOTES POINT OF TANGENCY
P.R.C. DENOTES POINT OF REVERSE CURVATURE
41"
L L E N� P.C.C. DENOTES POINT OF COMPOUND CURVATURE
COMPANY
JOB NO. 24302 / CALCULATED BY: JLR
DATE: 5-7-2018 DRAWN BY• PJR
SCALE: 1' = 150 FEET CHECKED BY: JLR
16 Eastnant Street N/A
Wer Gwdal,Wide 34787*(407)654 535b r4ELD BY
/SKETCH OF DESCRIPTION
SHEET 1 OF 2
LEGAL DESCRIPTION ( Sanitary Sewer Easement ).
A parcel of land comprising a portion of Section 34, Township 22 South, Range 26 East, Lake
County, Florida.
Being more particularly described as follows:
COMMENCE at the Northwest corner of aforesaid Section 34; thence run North 90'00'00" East
along the North line of the Northwest 1/4 of said Section 34 for a distance of 25.00 feet to a
point on the Easterly right—of—way line of Hancock Road (County Road 3-1255) according to
Official Records Book 474, Page 999 of the Public Records of Lake County, Florida and the
POINT OF BEGINNING; thence departing said Easterly right—of—way line continue North 90'00'00"
East along said North line of the Northwest 1/4 of said Section 34 for a distance of 40.01 feet;
thence departing said North line run South 00'57'47" East for a distance of 682.16 feet; thence
run South 90'00'00" West for a distance of 15.00 feet; thence run North 00'57'47" West for a
distance of 667.16 feet; thence run South 90'00'00" West for a distance of 25.00 feet to a
point on aforesaid Easterly right—of—way line of Hancock Road (County Road 3-1255): thence
run North 00'57'47" West along said Easterly right—of—way line for a distance of 15.00 feet to
the POINT OF BEGINNING.
Contains 10,608 square feet, 0.24 acres more or less.
SURVEYOR'S NOTES: sk2
.♦w♦♦ THIS IS NOT A SURVEY.
THE DELINEATION OF THE LANDS SHOWN HEREON ARE AS PER THE CLIENTS REQUEST.
♦♦;�, ,s, THIS LEGAL DESCRIPTION AND SKETCH WERE PREPARED WITHOUT THE BENEFIT OF TITLE.
THIS SKETCH IS NOT VAUD WITHOUT THE SIGNATURE AND ORIGINAL RAISED SEAL OF A FLORIDA UCENSED
SURVEYOR AND MAPPER.
BEARINGS SHOWN HEREON ARE ASSUMED AND BASED ON THE NORTH LINE OF NORTHWEST 1/4
A L L E Ns
SECTION 34-22-26 BEING N90'00'00"E FOR ANGULAR DESIGNATION ONLY.
24302 JLR FOR THE UCENSED BUSINESS # 6723 BY:
COMPANY JOB NO. CALCULATED BY:
^0$J•'.?7C'i `:" CC DATE: 5-7-2018 DRAWN BY: PJR
SCALE: 1" = 150 FEET CHECKED BY: JLR
16 East Plant Street N/A JAMES L. RICKMAN P.S.M. # 5633 /
Elf Gs*Nat 34787$1407 1r4 5355 FIELD BY:
SKETCH OF DESCRIPTION
SHEET 2 OF 2
SANITARY SEWER EASEMENT
NOT PLATTED NORTH LINE OF
POINT OF...... _ POINT OF NORTHWEST 1/4
COMMENCEMENT BEGINNING SECTION 34-22-26
NW CORNER OF I L1N90'00'00"E
(.
SECTION 34-22-26
i. l
W o L3
bo
ON
O
o
0
v
EASTERLY RIGHT-OF-WAY LINE I LINE TABLE
PER O.R. 474, PG. 999 LINE LENGTH BEARING
W LINE OF NW 1/4 � c0 Ll 40.01' N90"00'00"E
SECTION 34-22-26 o r cV L2 15.00' S90'00'00"W
i (0 CO
^ ° UO (13L3 25.00' S90'00'00"W
N I a I L4 15.00' N00'57'47"W
m
PROPOSED
1 r0 m RIGHT-OF-WAY LINE
o
< O0 r-
O i 3
w
CC T e n
F— a
D No o WAREHOUSE PARCEL
1OaiZ Fri
1 " °'
et la
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CLEREMONT PARCEL
0
33
\
cc cc /
♦♦.♦♦ THIS IS NOT A SURVEY: ® DENOTES CHANGE IN DIRECTION sk2
R W DENOTES RIGHT-OF-WAY
RLINE
.♦,, , DENOTES,, P.C. DENOTES POINT OF CURVATURE
P.T. DENOTES POINT OF TANGENCY
,� 11 P.R.C. DENOTES POINT OF REVERSE CURVATURE
11'ALLEN P.C.C. DENOTES POINT OF COMPOUND CURVATURE
COMPANY JOB NO. 24302 CALCULATED BY: JLR
F'o'eiSCr .'.e7
.:'ioL' ,::: DATE: 5-7-2018 DRAWN BY: PJR
SCALE: 1" = 150 FEET CHECKED BY: JLR
16 East Plant Street N/A
linter Garden,Flaido 347814(407 654 S3S5 FIELD BY: /
/SKETCH OF DESCRIPTION
SHEET 1 OF 2
LEGAL DESCRIPTION (Access Road Easement).
A parcel of land comprising a portion of Section 34, Township 22 South, Range 26 East, Lake
County, Florida.
Being more particularly described as follows:
COMMENCE at the Northwest corner of aforesaid Section 34; thence run North 90'00'00" East
along the North line of the Northwest 1/4 of said Section 34 for a distance of 25.00 feet to
a point on the Easterly right—of—way line of Hancock Road (County Road 3-1255) according to
Official Records Book 474, Page 999 of the Public Records of Lake County, Florida; thence run
South 00'57'47" East along said Easterly right—of—way line for a distance of 648.37 feet;
thence departing said Easterly right—of—way line run North 89'02'13" East for a distance of
25.00 feet to the POINT OF BEGINNING, being a point on a non tangent curve concave
Northeasterly and having a radius of 50.00 feet, a chord bearing of South 78'10'05" East and
a chord length of 20.50 feet; thence run Southeasterly along the arc of said curve through a
central angle of 23'39'50" for and arc distance of 20.65 feet to a point of tangency; thence
run North 90'00'00" East for a distance of 77.09 feet; thence run South 84'43'34" East for a
distance of 163.19 feet; thence run North 90'00'00" East for a distance of 179.91 feet;thence
run South 00'00'00" East for a distance of 30.00 feet; thence run North 90'00'00" West for a
distance of 234.31 feet; thence run South 84'43'34" West for a distance of 65.28 feet;
thence run North 90'00'00" West for a distance of 106.50 feet; to a point of curvature of a
curve concave Southeasterly and having a radius of 50.00 feet, a chord bearing of South
69'37'33" West and a chord length of 34.81 feet; thence run Southwesterly along the arc of
said curve through a central angle of 40'44'54" for and arc distance of 35.56 feet to a point
on a non tangent line; thence run North 00'57'47" West for a distance of 67.33 to the POINT
OF BEGINNING.
Contains 17,028 square feet, 0.39 acres more or less.
/
..�♦♦ SURVEYOR'S NOTES: sk3
THIS IS NOT A SURVEY.
THE DELINEATION OF THE LANDS SHOWN HEREON ARE AS PER THE CLIENTS REQUEST.
♦.;,# s,;.♦ THIS LEGAL DESCRIPTION AND SKETCH WERE PREPARED WITHOUT THE BENEFIT OF TITLE.
THIS SKETCH IS NOT VALID WITHOUT THE SIGNATURE AND ORIGINAL RAISED SEAL OF A FLORIDA LICENSED
♦�, ,,♦
SURVEYOR
AND MAPPER.
BEARINGSSHOWN HEREON ARE ASSUMED AND BASED ON THE NORTH LINE OF NORTHWEST 1/4
ALLEN SECTION 34-22-26 BEING N90'00'00"E FOR ANGULAR DESIGNATION ONLY.
& 24302JLR FOR THE LICENSED BUSINESS # 6723 BY:
CO M PA N Y JOB NO. CALCULATED BY:_
L100Ce'i DATE: 5-7-2016 DRAWN BY: PJR
SCALE: 1' = 150 FEET CHECKED BY: JLR
16 East Plant Street N/A JAMES L. RICKMAN P.S.M. N 5633 /
Winter Garde",Florida 34787'(407)654 5355 FIELD BY:
SKETCH OF DESCRIPTION
SHEET 2 OF 2
ACCESS ROAD EASEMENT
1
33
c, c, NOT PLATTED
NORTH LINE OF
POINT OF N9OOo'OO E NORTHWEON ST
COMMENCEMENT 25.00
NW CORNER OF�� N90'00'00"E
SECTION 34-22-26 i>\
1
EASTERLY RIGHT-OF-WAY LINE I PRRIGHT-OF-WAY ED-WAY LINE
PER O.R. 474, PG. 999 LINE TABLE
II I LINE LENGTH BEARING
L1 25.00' N89'02'13"E
I L2 77.09' N90'00'00"E ,
W LINE OF NW 1/4
1--- L3 163.19' S84'43'34"E
SECTION 34-22-26 1 L4 179.91' N90'00'00"E
o L5 30.00' _ S00'00'00"E
L6 234.31' N90'00'00"W
II LU I aL7 65.28' S84'43'34"W
N 06I I L8 106.50' N90'00'00"W
I L9 67.33' N00'57'47"W
r' 'ail I I
o 0.l W
Q
o ' ^ WAREHOUSE PARCEL
IU O
I— a
Ionil I
a;l
o-a
POINT OF
BEGINNING
a
/ U I o Lt Cl L2 L3 L4
W •
\ Q \ CZ. L8 L7 L8
0
o
Lri CLEREMONT PARCEL
3 3
I
CURVE TABLE
CURVE RADIUS LENGTH CHORD BEARING DELTA
Cl 50.00' 20.65' 20.50' S78'10'05"E 23'39'50"
C2 50.00' 35.56' 34.81' S69'37'33"W 40'44'54" /
♦♦�♦. ! THIS IS NOT A SURVEY: 0 DENOTES CHANGE IN DIRECTION sk3
R W DENOTES RIGHT-OF-WAY
�♦♦,, ,,•� DENOTES CENTERLINE
P.C. DENOTES POINT OF CURVATURE
P.T. DENOTES POINT OF TANGENCY
.,I \I,♦ P.R.C. DENOTES POINT OF REVERSE CURVATURE
ALLEN P.C.C. DENOTES POINT OF COMPOUND CURVATURE
COMPANY JOB NO. 24302 CALCULATED BY: JLR
ix.e.oG&Llcppeii DATE: _ 5-7-2018 DRAWN BY: PJR
SCALE: 1" = 150 FEET CHECKED BY: JLR
16 East Plant Street N/A
writer kden Florida 34787 8(407)6545355 FIELD BY: /
'SKETCH OF DESCRIPTION
SHEET 1 OF 2
LEGAL DESCRIPTION (Drainage Easement).
A parcel of land comprising a portion of Section 34, Township 22 South, Range 26 East, Lake
County, Florida.
Being more particularly described as follows:
COMMENCE at the Northwest corner of aforesaid Section 34; thence run North 90'00'00" East
along the North line of the Northwest 1/4 of said Section 34 for a distance of 1224.66 feet
to the POINT OF BEGINNING; thence continuing along said North line run North 90'00'00" East
for a distance of 435.58 feet to a point on the East line of the West 1660 feet of said
Northwest 1/4 of Section 34; thence run South 00'57'45" East along said East line for a
distance of 626.37 feet to a point on the Easterly line of a 170 foot wide utility easement
according to Official Records Book 320, Page 610 of the Public Records of Lake County,
Florida; thence run North 50'14'58" West along said Easterly line for a distance of 580.23 feet;
thence departing said Easterly line run North 00'00'00" West for a distance of 255.26 feet to
the POINT OF BEGINNING.
Contains 193,332 square feet, 4.44 acres more or less.
/
♦♦�♦♦ SURVEYOR'S NOTES: sk4
THIS IS NOT A SURVEY.
THE DELINEATION OF THE LANDS SHOWN HEREON ARE AS PER THE CLIENTS REQUEST.
♦♦••,, ,,•�♦ DESCRIPTIONTHIS LEGAL VALID AND
SKETCH
THIS SKETCH IS NOTWITHOUT THEYTHE
SIGNATURE AND ORIIGINAERE PREPARED WITHOUT RAISED FlE LT OF A FLORIDA LICENSED
SURVEYOR AND MAPPER.
BEARINGS SHOWN HEREON ARE ASSUMED AND BASED ON THE NORTH LINE OF NORTHWEST 1/4
ALLEN SECTION 34-22-26 BEING N90'00'00"E FOR ANGULAR DESIGNATION ONLY.
& 24302 JLR FOR THE LICENSED BUSINESS M 6723 BY:
COM PA N Y JOB NO. CALCULATED BY:
DATE: 5-7-2018 DRAWN BY: PJR
SCALE: 1 — 150 FEET CHECKED BY: JLR
16 East Plant Street N/A JAMES L. RICKMAN P.S.M. / 5633 /
s1Q cQdtll,Fbid0 34187 (401)654 5355 FIELD BY: - - -
SKETCH OF DESCRIPTION
SHEET 2 OF 2
DRAINAGE EASEMENT
NOT PLATTED
S POINT OF POINT OF
COMMENCEMENT NORTHWEST 1/4 BEGINNING
il NW CORNER OF SECTION 34-22-26
SECTION 34-22-26
N90'00'00"E 435.58'
N90'00'00"E 1224.66'
10
N
I U)
LA
N
I I- EASTERLY RIGHT-OF-WAY UNE EASTUNE OF WEST 1660'
PER O.R. 474, PG. 999 3
OF NORTHWEST 1/4 -I--
I N O SECTION 34-22-26 rn
O mi
L W UNE OF NW 1/4 N
I CO
SECTION 34-22-26 \ o
Z
0
In I a I EASEMENT PER70.RU 320, PG. 610
N
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re) • ti
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a
3�F
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� I NOT PLATTED
C> a N
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0
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6
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I I
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.♦♦♦. THIS IS NOT A SURVEY: OO DENOTES CHANGE IN DIRECTION sk4 \
R W DENOTES RIGHT-OF-WAY
♦IAS♦ DENOTES CENTERLINE
♦•,,, CURVATUREP.C. DENOTES POINT OF
,,♦•♦. P.R.C. DENOTES POINT P.T. DENOTES POINT O TANGENCY
REVERSE CURVATURE
IALLEN P.C.C. DENOTES POINT OF COMPOUND CURVATURE
C O M PA N Y JOB NO. 24302 CALCULATED BY: JLR
2:0'i.,,rC JJr'.e;C: '.':;:Ceti DATE: 5-7-2018 DRAWN BY:_ PJR
SCALE: 1" = 150 FEET CHECKED BY: JLR
16 East Plant Street N/A
Wet GQden,Flai63 34787'(407)654 5355 FIELD BY: /
SKETCH OF DESCRIPTION
SHEET 1 OF 2
LEGAL DESCRIPTION (City Sewer Easement).
A parcel of land comprising a portion of Section 34, Township 22 South, Range 26 East, Lake
County, Florida.
Being more particularly described as follows:
COMMENCE at the Northwest corner of aforesaid Section 34; thence run North 90'00'00" East
along the North line of the Northwest 1/4 of said Section 34 for a distance of 604.99 feet to
a point on the Westerly line of a 30 foot wide utility easement according to Official Records
Book 925, Page 230 of the Public Records of Lake County, Florida; thence run South 50'14'58"
East along said Westerly line for a distance of 611.57 feet to the POINT OF BEGINNING; thence
departing said Westerly line run South 00'00'00" East for a distance of 30.00 feet; thence run
South 90'00'00" West for a distance of 20.00 feet; thence run North 00'00'00" West for a
distance of 15.00 feet; thence run South 90'00'00" West for a distance of 372.81 feet; thence
run North 00'00'00" East for a distance of 15.00 feet; thence run North 90'00'00" East for a
distance of 392.81 feet to the POINT OF BEGINNING.
Contains 193,332 square feet, 4.44 acres more or less.
/
.♦�♦. SURVEYOR'S NOTES: sk5
THIS IS NOT A SURVEY.
THE DELINEATION OF THE LANDS SHOWN HEREON ARE AS PER THE CLIENTS REQUEST.
AL, ,,; THIS LEGAL♦ THIS SKETCH DISCNOT TIVALID N NE PREPAREDRE
WITHOUT THD SKETCH ESIGNATUREORIGINALAND RAISED FTITLE.IT OF
SEAL OF AFLORIDA LICENSED
♦•, ,•• OR AND MAPPER.
BEARINGSSHOWN HEREON ARE ASSUMED AND BASED ON THE NORTH LINE OF NORTHWEST 1/4
ALLEN SECTION 34-22-26 BEING N90'00'00"E FOR ANGULAR DESIGNATION ONLY.
& 24302 JLR FOR THE LICENSED BUSINESS # 6723 BY:
CO M PA N Y JOB NO. CALCULATED BY:
PC
c: DATE: 5-7-2018 DRAWN BY: PJR&LiC p.
SCALE: 1" = 150 FEET CHECKED BY: JLR
16 East Plant Street N/A JAMES L. RICKMAN P.S.M. # 5633 /
Writer Garden,Florida 34787*(407)654 5355 FIELD BY:
SKETCH OF DESCRIPTION
SHEET 2 OF 2
CITY SEWER EASEMENT
N
(0...POINT OF
N. N
COMMENCEMENT N
NW CORNER OF \ N
SECTION 34-22-26 NORTH LINE OF \
N
NORTHWEST 1/4 N N.
/SECTION 34-22-26
\\.):::::\ \
�._ N90'00'00"E 604.99' \
X
°R /r- N
l N
WLY LINE OF 6s66!\&NN ?�e-Is4.,,
30' UTILITY EASEMENT R (i 6�4'T \
PER OR. 925, PG. 230 SB' �a �/
I W LINE OF NW 1/4 F\F9y\
SECTION 34-22-26 \FST\
A
N &A
I
n WAREHOUSE PARCEL 6,�s\SA\Fc �T
Lr) a PER ORR. 474, PG. 999AY LINE N"/ON/1/0 V
oSn
IMa NN
0 43 i N90'00'00"E 392.81'
< m rJ=
CC O m S90'00'00"W 372.81'
_1re) L2 :=>- o J
I— a
I z M
0 a
cn CLEREMONT PARCEL
o °'
a
o
fY Iv
Y ;U O
O c, J
0 a LINE TABLE
QLINE LENGTH BEARING
o L1 30.00' S00'00'00"E
0
Lei L2 20.00' S90'00'00"W
L3 15.00' N00'00'00"W
L4 15.00' N00'00'00"E
/
♦♦..♦ THIS IS NOT A SURVEY: o DENOTES CHANGE IN DIRECTION sk5
R W DENOTES RIGHT-OF-WAY
,gr,I
\I♦♦. DENOTES CENTERLINE
P.C. DENOTES POINT OF CURVATURE
P.T. DENOTES POINT OF TANGENCY
�,
I ,,, P.R.C. DENOTES POINT OF REVERSE CURVATURE
ALLEN P.C.C. DENOTES POINT OF COMPOUND CURVATURE
COMPANY JOB NO. 24302 CALCULATED BY: JLR
PrpleSSiorclJJ'.?.o'i E.L1ccp?'S DATE: 5-7-2018 DRAWN BY: PJR
SCALE: 1" = 150 FEET CHECKED BY: JLR
16 East Plant Street N/A
Minter Gade,Fla* 34187'(407)654 5355 FIELD BY: /
/SKETCH OF DESCRIPTION
SHEET 1 OF 2
LEGAL DESCRIPTION (Fence Easement).
A parcel of land comprising a portion of Section 34, Township 22 South, Range 26 East, Lake
County, Florida.
Being more particularly described as follows:
COMMENCE at the Northwest corner of aforesaid Section 34; thence run North 90'00'00" East
along the North line of the Northwest 1/4 of said Section 34 for a distance of 604.99 feet to
a point on the Westerly line of a 30.00 foot wide utility easement according to Official Records
Book 925, Page 230 of the Public Records of Lake County, Florida; thence run South 50'14'58"
East along said Westerly line for a distance of 611.15 feet to the POINT OF BEGINNING;
thence continuing along said Westerly line run South 50'14'58" East for a distance of 783.54
feet; thence departing said Westerly line run South 00'57'45" East for a distance of 5.28 feet
to a point on a line 4.00 west of and parallel to said Westerly line; thence run North 50'14'58"
West along said parallel line for a distance of 785.54 feet; thence departing said parallel line
run South 90'00'00" West for a distance of 506.97 feet; thence run South 00'00'00" East for a
distance of 285.00 feet; thence run South 90'00'00" West for a distance of 63.89 feet; thence
run North 00'00'00" East for a distance of 4.00 feet; thence run North 90'00'00" East for a
distance of 59.89 feet; thence run North 00'00'00" West for a distance of 285.00 feet;
thence run North 90'00'00" East for a distance of 512.42 feet to the POINT OF BEGINNING.
Contains 6,565 square feet, 0.15 acres more or less.
/
♦♦�♦. SURVEYOR'S NOTES: sk6
THIS IS NOT A SURVEY.
THE DELINEATION OF THE LANDS SHOWN HEREON ARE AS PER THE CLIENTS REQUEST.
♦♦,�, THIS
DESCRIPTION
TAND
WERE THE
BENEFIT
TITLE.
THIS SKETCH IS NOT VALID THESIGNATURE AND RIIGINALRAIISEDSEAL OF A FLORIDA LICENSED
SURVE♦,, ,�♦ OR AND MAPPER.
BEARINYGS SHOWN HEREON ARE ASSUMED AND BASED ON THE NORTH LINE OF NORTHWEST 1/4
ALLEN SECTION 34-22-26 BEING N90'00'00"E FOR ANGULAR DESIGNATION ONLY.
24302 JLR FOR THE LICENSED BUSINESS # 6723 BY:
COMPANY JOB NO. CALCULATED BY:
Po'eii:r7 .e.VS p L1CGCer DATE: 5-7-2018 DRAWN BY: PJR
SCALE: 1" = 200 FEET CHECKED BY: JLR
16 East Plant Street N/A JAMES L. RICKMAN P.S.M. # 5633 /
*ler Gaden,Maida 34787*(407)654 5355 FIELD BY:
SKETCH OF DESCRIPTION
SHEET 2 OF 2
FENCE EASEMENT
POINT OF
COMMENCEMENT
NW CORNER OF N
1 SECTION 34-22-26N NORTH LINE OF
N /4
N \\ N I4\
SOC ON 34-RTHWEST22 26
1 \ �`\\ \
N
N90.00'00"E 604.99' r•� \ \
\ i N
'ssSDy,\3D\ AF4'G
sg\G\ Qi?-4.,,,,,,
`I
F' \`�F\ ,Tt, FS +�
O -9
W LINE OF NW 1/4 y �Ssn N ,0Q64e
SECTION 34-22-26 yE 6 '1'T
WLY LINE OF \4'T\ iO
5:.i.
30' UTILITY EASEMENT N' N N
PER OR. 925, PG. 230 Dip N
r•� s \
in a EASTERLY RIGHT-OF-WAY LINE <S5 9as N
PER O.R. 474, PG. 999 \'At
N g ,NC? N
+`�I' WAREHOUSE PARCE \ N N
oa N90'00'00"E 512.42' \ ,p \
+ �+fm ek
o b S90'00'00"W 506.97' No. N
I � co N \
p ai N \ss\
I4 t
Q 0' ID 0 CLEREMONT PARCEL �`SO ,S\\ \ \
loo 0 o S�. E` \ \
cr Li o fL
J 0 0 N
✓ U g L4 N \
o
z "j L2 LINE PARALLEL HATH AND 4.00' �e
_ Q WEST OF WLY LINE OF ,> 3
_ 30' UTILITY EASEMENT BS Siit,
8 PER OR. 925, PG. 230 45
_ LINE TABLE
LINE LENGTH BEARING L1
L1 5.28' S00'57'45"E
L2 63.89' S90'00'00"W
L3 4.00' NO0'00'00"E _
L4 59.89' N90'00'00"E 1
/
♦♦�.. THIS IS NOT A SURVEY: o DENOTES CHANGE IN DIRECTION sk6 `l
R DENOTES RIGHT-OF-WAY
�♦♦,# i,♦.. DENOTES CENTERLINE
P.C. DENOTES POINT OF CURVATURE
P.T. DENOTES POINT OF TANGENCY
•�, `,�♦ P.R.C. DENOTES POINT OF REVERSE CURVATURE
A L L E N — P.C.C. DENOTES POINT OF COMPOUND CURVATURE
a
COMPANY JOB NO. 24302 _ CALCULATED BY: JLR
5-7-2018 PJR
FroeSSofe45t'._._':3f,'],_C-i DATE_— DRAWN BY:
SCALE: 1" = 200 FEET CHECKED BY: JLR
16 East Plant Street N/A
Wnter Garde,Fla* 34787*(401)654 5355 FRED BY: /
r\ 4 ! i i\f
ATTORNEYS AT LAW
250 East Colonial Drive.Suite 300
Orlando.Flonda 32801
Phone 407-425-2907
Facsimile 407-425-6345
www.keatlaw.com
REAL ESTATE CLOSING STATEMENT
CLOSING DATE:
- May 22, 2018-
SELLER: JOHN KINGMAN KEATING,INDIVIDUALLY AND AS TRUSTEE OF THE HANCOCK ROAD LAND TRUST,
as to an undivided fifty percent(50.00%)interest,TONY H.ROPER,a married man,as to an undivided seventeen and one-half
percent (17.50%) interest, and TONY H. ROPER, INDIVIDUALLY AND AS SUCCESSOR TRUSTEE UNDER THE
ELIZABETH TROTTER ROPER DECLARATION OF TRUST DATED JANUARY 24,2005,as to an undivided seventeen and
one-half percent (17.50%) interest, and BERT E. ROPER AND BARBARA C. ROPER FAMILY LIMITED LIABILITY
LIMITED PARTNERSHIP,a Florida limited partnership,as to an undivided fifteen percent(15.00%)interest
BUYER:CITY OF CLERMONT,a municipal corporation existing under the laws of the State of Florida
STREET ADDRESS: 12838 Hancock Road,Clermont,Florida 34711
LEGAL DESCRIPTION: See Exhibit"A" attached hereto and by this reference made a part hereof.
ADJUSTMENTS TO SELLING/PURCHASE PRICE DUE SELLER CREDIT BUYER
SELLING/PURCHASE PRICE"Oh2 1,678,080.00
CONTRACT ESCROW DEPOSIT 15,000.00
2018 AD VALOREM AND NON-AD VALOREM REAL PROPERTY TAXES 67.68
(Prorated: 141 days at$0.48/day)NOTE
ACCESS ROAD CREDIT NO2 2 1,534.30
TOTALS:
AMOUNT DUE SELLER 1,678,080.00
CREDIT DUE BUYER 16,601.98
BALANCE DUE SELLER 1,661,478.02
SELLER'S TRANSACTION COSTS AMOUNT BUYER'S TRANSACTION COSTS AMOUNT
RECORDING COSTS RECORDING COSTS
Recording Special Warranty Deed(5 48.50 Documentary Stamp Taxes on Special 11,746.70
pages) Deed
Recording Partnership Affidavit(5 48.50 Recording Agreement Regarding 164.50
pages) Easements, Improvements,
Maintenance and Cost Sharing(38
Pages- 'k)
Recording Trust Affidavit(8 pages) 74.00 GENERAL COSTS
Recording Special Warranty Deed(to 57.70 Survey and Sketches of Description 6,612.00
CCP, LLC-6 pages) (Allen&Company, Inc. -57.00%)
Recording Agreement Regarding 164.50
Easements,Improvements,
Maintenance and Cost Sharing(38
Pages- 'h)
GENERAL COSTS
Survey and Sketches of Description 4,988.00
(Allen&Company,Inc. -43.00%)
Title Search(reimbursement to Keating 225.00
&Schlitt,P.A.)
Owner's Title Insurance Premium 7,075.00
(Old Republic National Title Insurance
Company/Keating&Schlitt,P.A.)
Legal Fees(Keating&Schlitt, P.A.) 12,650.00
TOTAL SELLER'S COSTS 25,331.20 TOTAL BUYER'S COSTS 18,523.20
SELLER'S SUMMARY AMOUNT BUYER'S SUMMARY AMOUNT
Escrow Deposit 15,000.00
Balance Due Seller 1,661,478.02 Balance Due Seller 1,661,478.02
Total Seller's Costs 25,331.20 Total Buyer's Costs 18,523.20
NET CASH TO SELLER 1,651,146.82 NET CASH FROM BUYER 1,680,001.22
[BALANCE OF PAGE INTENTIONALLY LEFT BLANK-
SIGNATURES ON FOLLOWING PAGE]
The undersigned acknowledge receipt of a true copy of this Real Estate Closing Statement,that they have read it,certify it as correct and
authorize and direct Keating&Schlitt,P.A.to disburse the above-stated funds in accordance therewith and to allow Keating&Schlitt,P.A.
to retain,as compensation for costs and services advanced on our behalf,miscellaneous funds in excess of actual costs,if any. All parties
hereto hereby acknowledge,confirm and agree with the terms and conditions set forth in the Closing Statement Notes attached hereto.
SELLER BUYER
JOHN KINGMAN KEATING,INDIVIDUALLY CITY OF CLERMONT, a municipal
AND AS TRUSTEE OF THE HANCOCK corporation existing under the laws of the State
ROAD LAND TRUS of Florida
/e
John Kingman K:• 1,Individually and as Trustee By: �/\
of the Hancock Road Land Trust -•• �� Dari en Gray
As its Mayetu City ' anager
TONY H. ROPER, A MARRIED MAN
Tony H. Roper
TONY H. ROPER, INDIVIDUALLY, and
TONY H.ROPER,AS SUCCESSOR TRUSTEE
UNDER THE ELIZABETH TROTTER ROPER
DECLARATION OF TRU DATED
JANUARY 24, 2005
4V **42 '
Tony H. Roper, aii,,ually an as Successor
Trustee under W lizabeth Trotter Roper
Declaration of Trust dated January 24, 2005
BERT E. ROPER AND BARBARA C. ROPER
FAMILY LIMITED LIABILITY LIMITED
PARTNERSHIP, a Florida limited partnership
By:
Charles F. Roper, as Successor Trustee of the
First Amended and Restated Bert E. Roper
Trust Agreement dated November 11, 2010
As its General Partner
The undersigned acknowledge receipt of a true copy of this Real Estate Closing Statement,that they have read it,certify it as correct and
authorize and direct Keating&Schlitt,P.A.to disburse the above-stated funds in accordance therewith and to allow Keating&Schlitt,P.A.
to retain,as compensation for costs and services advanced on our behalf,miscellaneous funds in excess of actual costs,if any. All parties
hereto hereby acknowledge,confirm and agree with the terms and conditions set forth in the Closing Statement Notes attached hereto.
SELLER BUYER
JOHN KINGMAN KEATING,INDIVIDUALLY CITY OF CLERMONT, a municipal
AND AS TRUSTEE OF THE HANCOCK corporation existing under the laws of the State
ROAD LAND TRUS of Florida
John Ki•: an Ke. n , ndividually and as Trustee By: 00 y
of the Hancock Road Land Trust DA
As its City Manager
TONY H. ROPER, A MARRIED MAN
Tony H. Roper
TONY H. ROPER, INDIVIDUALLY, and
TONY H.ROPER,AS SUCCESSOR TRUSTEE
UNDER THE ELIZABETH TROTTER ROPER
DECLARATION OF TRUST DATED
JANUARY 24, 2005
Tony H. Roper, Individually and as Successor
Trustee under the Elizabeth Trotter Roper
Declaration of Trust dated January 24, 2005
BERT E. ROPER AND BARBARA C. ROPER
FAMILY LIMITED LIABILITY LIMITED
PARTNERSHIP, a Florida limited partnership
By:
Charles F. Roper, as Successor Trustee of the
First Amended and Restated Bert E. Roper
Trust Agreement dated November 11, 2010
As its General Partner
EXHIBIT "A" - LEGAL DESCRIPTION
A PARCEL OF LAND LYING IN THE NORTHWEST '/a OF SECTION 34, TOWNSHIP 22 SOUTH,
RANGE 26 EAST, LAKE COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
COMMENCE AT THE NORTHWEST CORNER OF SAID SECTION 34; THENCE RUN NORTH
90°00'00" EAST ALONG THE NORTH LINE OF SAID NORTHWEST '/a A DISTANCE OF 25.00 FEET
TO THE EASTERLY RIGHT OF WAY LINE OF HANCOCK ROAD (COUNTY ROAD 3-1255), AS
DESCRIBED IN OFFICIAL RECORDS BOOK 474, PAGE 999 OF THE PUBLIC RECORDS OF LAKE
COUNTY, FLORIDA; THENCE RUN SOUTH 00°57'47" EAST ALONG SAID EASTERLY RIGHT OF
WAY LINE FOR A DISTANCE OF 676.16 FEET TO THE POINT OF BEGINNING; THENCE
DEPARTING SAID EASTERLY RIGHT OF WAY LINE RUN NORTH 90°00'00" EAST FOR A
DISTANCE OF 526.00 FEET; THENCE RUN NORTH 00°00'00" EAST FOR A DISTANCE OF 285.00
FEET; THENCE RUN NORTH 90°00'00" EAST FOR A DISTANCE OF 512.82 FEET TO THE
WESTERLY LINE OF A 30 FOOT UTILITY EASEMENT AS RECORDED IN OFFICIAL RECORDS
BOOK 925, PAGE 230 OF AFORESAID PUBLIC RECORDS; THENCE RUN SOUTH 50°14'58" EAST
ALONG SAID WESTERLY LINE FOR A DISTANCE OF 780.41 FEET TO THE EAST LINE OF THE
WEST 1660 FEET OF THE AFORESAID NORTHWEST '/a OF SECTION 34; THENCE RUN SOUTH
00°57'45" EAST ALONG SAID EAST LINE FOR A DISTANCE OF 58.99 FEET TO THE NORTH LINE
OF THE SOUTH 1575 FEET OF THE WEST 1660 FEET OF AFORESAID NORTHWEST 1/4 OF SECTION
34;THENCE RUN SOUTH 89°43'18"WEST ALONG SAID NORTH LINE FOR A DISTANCE OF 1635.12
FEET TO AFORESAID EASTERLY RIGHT OF WAY LINE; THENCE RUN NORTH 00°57'47" WEST
ALONG SAID EASTERLY RIGHT OF WAY LINE FOR A DISTANCE OF 281.00 FEET TO THE POINT
OF BEGINNING.
REAL ESTATE CLOSING STATEMENT NOTES
The following items and notes are attached to and constitute a part of the Real Estate Closing Statement ("Closing
Statement")and the Seller and Buyer,by their execution of the Closing Statement,hereby acknowledge the review and approval
of the following Notes.
Note 1. Taxes. 2018 Lake County, Florida real property ad valorem and non-ad valorem tax information and tax amounts for
the subject property are as follows:
Lot Tax Parcel ID# Taxable Value Millage Gross Tax Discount Other Other Total
Rate Tax
3422260002-000-00101 12,555.00 14.5200 182.30 175.01
TOTALS 12,555.00 182.30 175.01
The 2017 ad valorem and non-ad valorem real property taxes have been paid for the above identified tax parcels. The
2018 real property taxes have been estimated based the prior year's real property taxes and assuming the real property taxes in
the current year will be paid in time to obtain the full four percent(4.00%)early payment discount.
Note 2. Purchase Price. In accordance with the Section 3 of the Contract for Sale and Purchase, as amended(the "Contract"),
the purchase price has been calculated as follows:
(a)Main Parcel: 14.25 acres x$100,000 = $1,425,000.00.
(b)Master Drainage Area: 4.44 acres x 57% x$100,000 = $253,080.00.
(c)Credit for Access Road Acreage Differential:The total Access Road acreage is 17,028.04 square feet with
the portion on the Property being 10,374.30 square feet, which is 668.34 feet in excess of 57% of the total
Access Road. The Seller and Buyer agree that the Buyer will get a credit of$1,534.30 against the Purchase
Price.
Note 3. Re-Proration. With regard to the proration or collection of real and personal property, property owners association,
community development district, and all other taxes, assessments, dues, impact fees, reservation and other charges and other
items which are associated with the subject property and which are collected,prorated or itemized on the closing statement signed
by the parties(or omitted from the closing statement)(collectively the"Closing Charges"),such Closing Charges for the current
calendar(or fiscal)year have been estimated or calculated by using the real estate taxes due for the previous calendar year,
or by estimating both the value as of January 151 of the current year and the tax millage for the current calendar year, or by
otherwise estimating or calculating such Closing Charges based on such information as has been received by the closing agent
and to the best ability of the closing agent and its employees. At times, an estimate is used because the actual real estate tax bill
for the current calendar year is not yet available as of the closing date. The real estate taxes as evidenced by the proration debit
and credit on the closing statement are only an estimate and the actual real estate taxes for the current year could be more (or
possibly less)than such estimate.Moreover,the Closing Charges shown on the closing statement may be different from the actual
amounts required or, as a result of mistake, either incorrectly calculated on or omitted from the closing statement. As a result,
either the Buyer or the Seller may have to pay additional funds once the actual real estate taxes for the current year become
known,or the actual amount of such Closing Charges become known,or mistakes with regard thereto are discovered.Therefore,
the parties agree that when the actual real property tax bill is available, or any inaccuracies or mistakes are discovered with
respect to the Closing Charges, the parties will re-prorate and correct any such inaccuracies or mistakes with respect to the
Closing Charges and any adjustment will,within ten(10)days of a party's receipt of written notice thereof,be paid or delivered
from such party to the other party (or the appropriate third party) as is applicable and required to correct such inaccuracy or
mistake. If any legal action or other proceeding or action is brought for the enforcement of this Agreement, the successful or
prevailing party shall be entitled to recover reasonable attorneys' fees and costs.
Note 4. Method of Execution and Acceptance:Counterparts. All parties hereto may demonstrate their execution and acceptance
of this Closing Statement by transmitting to the other parties(or their legal counsel)by email or facsimile machine a copy of this
Closing Statement on which the transmitting party's signature appears. Such an email or facsimile, once received by the other
parties(or their legal counsel), shall bind the transmitting party to the same extent as would delivery of this Closing Statement
or a counterpart hereof containing that party's actual signature.This Closing Statement may be executed in as many counterparts
as may be required,and it shall not be necessary that the signature of each party appear on each counterpart. It shall be sufficient
that the signature of each party appear on at least one counterpart in order for this Closing Statement to bind all parties. All
counterparts shall collectively constitute a single contract and agreement and each counterpart shall be and be taken to be an
original.
•
Prepared by and Return to:
JOEY KINGMAN KEATING,ESQUIRE
KEATING&SCHLITT, P.A.
TELEPHONE:407.425.2907♦FACSIMILE:407.843.8964
250 EAST COLONIAL DRIVE,SUITE 300
ORLANDO,FLORIDA 32801
E MAIL:ikk@keatlaw.com
PARCEL IDENTIFICATION NUMBER(S):34-22.26-000200000101 RECORDING INFORMATION ABOVE THIS LINE
SPECIAL WARRANTY DEED
THIS SPECIAL WARRANTY DEED is made and executed this 22id day of May,2018 by John
Kingman Keating, Individually and as Trustee of the Hancock Road Land Trust, with full power and
authority either to protect, conserve and to sell, or to lease, or to encumber, or otherwise to manage and
dispose of the real property described herein as contemplated by Section 689.073(1),Florida Statutes, as
to an undivided fifty percent (50.00%) interest ("Keating"), with a mailing address of 250 East Colonial
Drive, Suite 300, Orlando, Florida 32801, Tony H. Roper, a married man, as to an undivided seventeen
and one-half percent(17.50%)interest,and Tony H. Roper,Individually and as Successor Trustee under
the Elizabeth Trotter Roper Declaration of Trust dated January 24, 2005, as to an undivided seventeen
and one-half percent (17.50%) interest, both with a mailing address of Post Office Box 561055, Orlando,
Florida 32856 (collectively "Roper"), and Bert E. Roper and Barbara C. Roper Family Limited Liability
Limited Partnership, a Florida limited partnership, as to an undivided fifteen percent (15.00%) interest
("Roper Partnership"), with a mailing address of 146 West Plant Street, Suite 250, Winter Garden, Florida
34787 (Keating, Roper Partnership and Roper collectively the "Grantor"), to the City of CIermont, a
municipal corporation existing under the laws of the State of Florida (the "Grantee"), with a mailing
address of 685 West Montrose Street, Clermont, Florida 34711.
WITNESSETH: That the Grantor for and in consideration of the sum of$10.00 and other good and
valuable consideration, the receipt and sufficiency of which is hereby acknowledged, hereby grants, bargains,
sells, aliens, remises, releases,conveys and confirms unto the Grantee,all that certain property situate in Lake
County, Florida, viz:
See Exhibit "A" attached hereto and by this reference made a part hereof.
THE GRANTOR WARRANTS THAT THE ABOVE-DESCRIBED PROPERTY CONVEYED HEREBY IS NOT
HOMESTEAD PROPERTY AS DEFINED BY THE CONSTITUTION AND LAWS OF THE STATE OF
FLORIDA.
TOGETHER with all the tenements, hereditaments and appurtenances thereto belonging or in anywise
appertaining.
TO HAVE AND TO HOLD, the same in fee simple forever.
FURTHER,the Grantor hereby covenants with said Grantee that the Grantor is lawfully seized of said
real property in fee simple; that the Grantor has good right and lawful authority to sell and convey said real
property; that the Grantor hereby fully warrants the title to said real property and will defend the same against
-1-
the lawful claims of the Grantee above named and Grantee's heirs,successors,and assigns,against every person
lawfully claiming the property, or any part thereof, by, through or under the Grantor, but not otherwise; and
that said real property is free from all encumbrances; except, taxes and assessments accruing subsequent to
December 31, 2017 and all subsequent years, and all conditions, restrictions, reservations, limitations,
easements of record,if any, zoning and other governmental regulations and other matters of record,provided,
however, this reference shall not serve to reimpose same.
IN WITNESS WHEREOF,the said Grantor has executed this Special Warranty Deed on the day and
year first above written.
WITNESSES: / GRANTOR
JOHN KINGMAN KEATING, INDIVIDUALLY
AND AS TRUSTEE OF THE HANCOCK ROAD
' LAND TRUST
WITNESS SIGN-URE -
,lndra Greer -
WITNESS N•�RINTED _
i 1L• 0.-.*t CCIPL, 111.
WITN..SSIG ARE John Kingman ., Individually and as Trustee
Lon-Ann Colon of the Hancock Gr.,
Land Trust
WITNESS NAME PRINTED
STATE OF FLORIDA
COUNTY OF ORANGE
I HEREBY CERTIFY, as an officer duly authorized to take acknowledgments and oaths in the State and County
aforesaid,that at the execution of this instrument on the date set forth below,John Kingman Keating, Individually and as Trustee
of the Hancock Road Land Trust, and executed or acknowledged his/her/their previous execution of this instrument. I HEREBY
FURTHER CERTIFY, at John Kingman Keating is/are the same person(s)either executing or acknowledging execution of the
foregoing instru .; ause: II I personally know him/her/them OR ❑ I have satisfactory evidence of same based upon a ❑
Florida driver' iceris pr■ • er identification: .WITNESS my hand and
official seal i' the S e a'• 'ounty aforesaid this 2i day of May,2018.
0,I I .,,Z„AY SANDRA GREER
Notary' blic Si tore >'
• Commission#GG 123703
(PLACE NOTARY NAME&SEAL IMMEDIATELY BELOW) „, ;`A1'. Or Expires September 8,2021
'eF f, 4 Bonded ilio Budget Notary Services
[BALANCE OF PAGE INTENTIONALLY LEFT BLANK-
ADDITIONAL GRANTOR SIGNATURES AND NOTARY CERTIFICATIONS ON FOLLOWING PAGES]
-2-
[SIGNATURE PAGE TO SPECIAL WARRANTY DEED)
WITNESSES: GRANTOR
TONY H. ROPER, A MARRIED MAN
_9 P,
WITVESS SIGNATURE
SVSG
WITNESS NAME PRINTED - 4r 45,
tk-)
XL"
WITNESS SIGNA 'RE Xf Tony H. Rope
Amy Windmiller
WITNESS NAME PRINTED
STATE OF FLORIDA
COUNTY OF ORANGE
I HEREBY CERTIFY, as an officer duly authorized to take acknowledgments and oaths in the State and County
aforesaid, that at the execution of this instrument on the date set forth below, Tony H. Roper executed or acknowledged
his/her/their previous execution of this instrument. I HEREBY FURTHER CERTIFY, that Tony H. Roper is/are the same
person(s)either executing or acknowledging execution of the foregoing instrument because:''I personally know him/her/them
OR El I have satisfactory evidence of same based upon a 0 Florida driver's lice se or 0 Other identification:
.WITNESS my hand and official seal in the State and County aforesaid this
\it'tlay of May,2018.
" Notary Public State of Florida
?4 Amy Windmiller
Notary Signature . is My Commissionom 12/25/2GG 153068
(PLACE NOTARY NAME&SEAL IMMEDIATELY BELOW) ��n'
[BALANCE OF PAGE INTENTIONALLY LEFT BLANK-
ADDITIONAL GRANTOR SIGNATURES AND NOTARY CERTIFICATIONS ON FOLLOWING PAGES]
-3-
•
[SIGNATURE PAGE TO SPECIAL WARRANTY DEED]
•WITNESSES: GRANTOR
TONY H. ROPER, INDIVIDUALLY AND AS
SUCCESSOR TRUSTEE UNDER THE
_5.)L ELIZABETH TROTTER ROPER
DECLARATION OF TRUST DATED JANUARY
WITNESS SIGNATURE. 24, 2005
WITNEg;CA TEebiffer
arnt� U3 ArMATX1S-k- ,
WITNESS SIGNATURE Tony H. Roper, n.• "• ally an a uccessor
Amy Windmiller Trustee under the •• •--th Trotter Roper Declaration
WITNESS NAME PRINTED of Trust dated January 24, 2005
STATE OF FLORIDA
COUNTY OF ORANGE
I HEREBY CERTIFY, as an officer duly authorized to take acknowledgments and oaths in the State and County
aforesaid,that at the execution of this instrument on the date set forth below,Tony H.Roper,Individually and as Successor Trustee
under the Elizabeth Trotter Roper Declaration of Trust dated January 24, 2005, and executed or acknowledged his/her/their
previous execution of this instrument. I HEREBY FURTHER CERTIFY, that Tony H. Roper is/are the same person(s)either
executing or acknowledging execution of the foregoing instrument because: personally know him/her/them OR ❑ I have
satisfactory evidence of same based upon a 0 Florida driver's license or 0 Other identification:
.WITNESS my hand and official seal in the State and County aforesaid this
lf'day of May,2018.
aryimuL)AmciAnd � Notary Pubfic State of Florida
AiL- Amy Windmiller
< My Commission GG 153068
Notary Pubic Signature ^�P Expires 12/25/2021
(PLACE NOTARY NAME&SEAL IMMEDIATELY BELOW)
[BALANCE OF PAGE INTENTIONALLY LEFT BLANK-
ADDITIONAL GRANTORS SIGNATURE AND NOTARY CERTIFICATION ON FOLLOWING PAGE]
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[SIGNATURE PAGE TO SPECIAL WARRANTY DEED]
WITNESSES: GRANTOR
BERT E. ROPER AND BARBARA C. ROPER
FAMILY LIMITED LIABILITY LIMITED
PARTNERSHIP, a Florida limited partnership
WITNESS SIGNATURE (2-4\\)c'
WITNESS NASIErfe1ffer
By .
WITH SS SIGNA 'READANd Am Windmiller ,harles F. Roper, as Successor Trustee of the
Y First Amended and Restated Bert E. Roper
WITNESS NAME PRINTED Trust Agreement dated November 11, 2010
As its General Partner
STATE OF FLORIDA
COUNTY OF ORANGE
I HEREBY CERTIFY, as an officer duly authorized to take acknowledgments and oaths in the State and County
aforesaid,that at the execution of this instrument on the date set forth below, Charles F. Roper,as Successor Trustee of the First
Amended and Restated Bert E. Roper Trust Agreement dated November 11, 2010, as General Partner of the Bert E. Roper and
Barbara C. Roper Family Limited Liability Limited Partnership, a Florida limited partnership, and executed or acknowledged
his/her/their previous execution of this instrument. I HEREBY FURTHER CERTIFY, that Charles F. Roper is/are the same
person )either executing or acknowledging execution of the foregoinginstrument because: CII personally know him/her/them
OR I have satisfactory evidence of same based upon a Florida driver's license or Cl Other identification:
. WITNESS my hand and official seal in the State and County aforesaid this
c)i st day of May,2018.
OAAnanbAk.
Notary divot*,
Notary Public State of Florida
(PLACE NOTARY NAME&SEAL IMMEDIATELY BELOW) : Amy Windmiller
yi`
My Commission GG 153068
'10i,e— Expires 12/25/2021
-5-
EXHIBIT "A" - LEGAL DESCRIPTION
A PARCEL OF LAND LYING IN THE NORTHWEST 1/4 OF SECTION 34, TOWNSHIP 22 SOUTH,
RANGE 26 EAST, LAKE COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
COMMENCE AT THE NORTHWEST CORNER OF SAID SECTION 34; THENCE RUN NORTH
90°00'00" EAST ALONG THE NORTH LINE OF SAID NORTHWEST 1/4 A DISTANCE OF 25.00 FEET
TO THE EASTERLY RIGHT OF WAY LINE OF HANCOCK ROAD (COUNTY ROAD 3-1255), AS
DESCRIBED IN OFFICIAL RECORDS BOOK 474, PAGE 999 OF THE PUBLIC RECORDS OF LAKE
COUNTY, FLORIDA; THENCE RUN SOUTH 00°57'47" EAST ALONG SAID EASTERLY RIGHT OF
WAY LINE FOR A DISTANCE OF 676.16 FEET TO THE POINT OF BEGINNING; THENCE
DEPARTING SAID EASTERLY RIGHT OF WAY LINE RUN NORTH 90°00'00" EAST FOR A
DISTANCE OF 526.00 FEET; THENCE RUN NORTH 00°00'00" EAST FOR A DISTANCE OF 285.00
FEET; THENCE RUN NORTH 90°00'00" EAST FOR A DISTANCE OF 512.82 FEET TO THE
WESTERLY LINE OF A 30 FOOT UTILITY EASEMENT AS RECORDED IN OFFICIAL RECORDS
BOOK 925, PAGE 230 OF AFORESAID PUBLIC RECORDS; THENCE RUN SOUTH 50°14'58" EAST
ALONG SAID WESTERLY LINE FOR A DISTANCE OF 780.41 FEET TO THE EAST LINE OF THE
WEST 1660 FEET OF THE AFORESAID NORTHWEST 1/4 OF SECTION 34; THENCE RUN SOUTH
00°57'45" EAST ALONG SAID EAST LINE FOR A DISTANCE OF 58.99 FEET TO THE NORTH LINE
OF THE SOUTH 1575 FEET OF THE WEST 1660 FEET OF AFORESAID NORTHWEST 1/4 OF
SECTION 34;THENCE RUN SOUTH 89°43'18"WEST ALONG SAID NORTH LINE FOR A DISTANCE
OF 1635.12 FEET TO AFORESAID EASTERLY RIGHT OF WAY LINE; THENCE RUN NORTH
00°57'47" WEST ALONG SAID EASTERLY RIGHT OF WAY LINE FOR A DISTANCE OF 281.00 FEET
TO THE POINT OF BEGINNING.
Prepared by and Return to:
JOHN KINGMAN KEATING,ESQUIRE
KEATING&SCHLITT, P.A.
TELEPHONE:407.425.2907♦FACSIMILE:407.425.6345
250 EAST COLONIAL DRIVE,SUITE 300
ORLANDO,FLORIDA 32801
E MAIL:ikkOkeatiaw.com
RECORDING INFORMATION ABOVE THIS LINE
ASSIGNMENT AND ASSUMPTION OF PROPERTY RIGHTS AND OBLIGATIONS
THIS ASSIGNMENT AND ASSUMPTION OF PROPERTY RIGHTS AND OBLIGATIONS
("Assignment") is made and entered into as of this 22" day of May, 2018 (the "Transfer Date") by John
Kingman Keating, Individually and as Trustee of the Hancock Road Land Trust, with full power and
authority either to protect, conserve and to sell, or to lease, or to encumber, or otherwise to manage and
dispose of the real property described herein as contemplated by Section 689.073(1), Florida Statutes, as
to an undivided fifty percent (50.00%) interest ("Keating"), with a mailing address of 250 East Colonial
Drive, Suite 300, Orlando, Florida 32801, Tony H. Roper, a married man, as to an undivided seventeen
and one-half percent(17.50%)interest,and Tony H.Roper,Individually and as Successor Trustee under
the Elizabeth Trotter Roper Declaration of Trust dated January 24, 2005, as to an undivided seventeen
and one-half percent (17.50%) interest, both with a mailing address of Post Office Box 561055, Orlando,
Florida 32856 (collectively "Roper"), and Bert E. Roper and Barbara C. Roper Family Limited Liability
Limited Partnership, a Florida limited partnership, as to an undivided fifteen percent (15.00%)interest
("Roper Partnership"), with a mailing address of 146 West Plant Street, Suite 250, Winter Garden, Florida
34787 (Keating, Roper Partnership and Roper collectively the "Assignor"), to the City of Clermont, a
municipal corporation existing under the laws of the State of Florida (the "Assignee"), with a mailing
address of 685 West Montrose Street, Clermont, Florida 34711.
WITNESSETH:
WHEREAS,pursuant to that certain Contract for Sale and Purchase dated the 1S`day of August,2017,
as amended(the"Contract")previously executed by Assignor and Assignee,Assignee is purchasing that certain
parcel of real property located in Lake County, Florida which is more particularly described on the attached
Exhibit "A"(the "Property"); and
WHEREAS, Assignor desires to assign and transfer all of its rights, interests, duties and obligations
in and to the Property Rights(as defined below), to the extent, and only to the extent applicable to or imposed
upon the Property, to Assignee as of the Transfer Date, and Assignee desires to accept the assignment of
Assignor's rights, interests, duties and obligations, covering the Property Rights and assume the obligations
related thereto.
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NOW THEREFORE, in consideration of the mutual promises contained herein and other good and
valuable consideration,the receipt and sufficiency of which is hereby mutually acknowledged,the parties hereto
do hereby agrees as follows:
1. Assignment and Assumption. As of the Transfer Date, and without any recourse, warranty or
representation whatsoever,the Assignor hereby assigns, transfers and delivers to the Assignee all of its rights,
titles, claims, interests, duties and obligations, if any, in, to and under all guarantees, warranties, permits,
licenses,plans,authorizations and approvals relating to the Property(the"Property Rights"),to the extent, and
only to the extent, applicable to or imposed upon the Property. Assignee hereby covenants with Assignor that
from and after the Transfer Date, it shall assume and perform all duties and obligations and pay all amounts
required in connection with the Property Rights.
2. Further Assurances. Assignor and Assignee, for themselves and their successors and assigns,
covenant and agree that they will, at any time and from time to time after the date hereof, upon the written
request of the other party,cooperate with each other and complete,execute and deliver such further documents
or instruments of conveyance, transfer, notice, consent, or otherwise and take such other action as may
reasonably be required or advisable to evidence, or give effect to, the rights, interests, duties and obligations
assigned, transferred, and assumed pursuant to this Assignment and to effectively assign, transfer and vest in
the Assignee, or the Assignee's designee, full and complete title and ownership in the Property Rights.
3. Method of Execution and Acceptance; Counterparts, All parties hereto may demonstrate their
execution and acceptance of this Assignment by transmitting to the other parties(or their legal counsel)by email
or facsimile machine a copy of this Assignment on which the transmitting party's signature appears. Such an
email or facsimile, once received by the other parties(or their legal counsel), shall bind the transmitting party
to the same extent as would delivery of this Assignment or a counterpart hereof containing that party's actual
signature. This Assignment may be executed in as many counterparts as may be required, and it shall not be
necessary that the signature of each party appear on each counterpart. It shall be sufficient that the signature
of each party appear on at least one counterpart in order for this Assignment to bind all parties. All counterparts
shall collectively constitute and be deemed a single contract and agreement and one instrument and each
counterpart shall be and be taken to be an original.
4. Successors and Assigns. The rights, titles, interests, duties and obligations herein provided shall
inure to the benefit and burden each of the party's successors, assigns, grantees, and transferees.
5. Governing Law. This Agreement shall be governed by, and interpreted and enforced in accordance
with, the laws of the State of Florida.
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-2-
[SIGNATURE PAGE TO ASSIGNMENT AND ASSUMPTION OF PROPERTY RIGHTS]
IN WITNESS WHEREOF, the parties hereto have caused this Assignment and Assumption of
Property Rights and Obligations to be executed as of the date first set forth above.
WITNESSES: ASSIGNOR
/ JOHN KINGMAN KEATING, INDIVIDUALLY
AND AS TRUSTEE OF THE HANCOCK ROAD
`,r LAND TRUST
WITNESS SIGNATURE
Sandra Greer
W NESSA4 PRINTED
I NESScorlwAnn Colon John Kingman Keating, ividually and as Trustee
of the Hancock Road Land Trust
WITNESS NAME PRINTED
STATE OF FLORIDA
COUNTY OF ORANGE
I HEREBY CERTIFY, as an officer duly authorized to take acknowledgments and oaths in the State and County
aforesaid,that at the execution of this instrument on the date set forth below,John Kingman Keating,Individually and as Trustee
of the Hancock Road Land Trust,and executed or acknowledged his/her/their previous execution of this instrument. I HEREBY
FURTHER CERTIFY,that John Ki !man Keating is/are the same person(s)either executing or acknowledging execution of the
foregoing instrument because:' I rsonally know him/her/them OR 0 I have satisfactory evidence of same based upon a 0
Florida driver's lick e or NI Other •entification: .WITNESS my hand and
official seal in th:`tate%"d Co,, aforesaid this 22-day of May,2018.
A4o1r0.Y �� SANDRAGREER
Notary •�c Signatu� a Commission#GG 123703
(PLACE NOTAR NAME&SEAL IMMEDIATELY BELOW) Oe Expires September 8,2021
r
9rF pF c%.31- Bonded TNu Budget Notary Senses
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[SIGNATURE PAGE TO ASSIGNMENT AND ASSUMPTION OF PROPERTY RIGHTS]
WITNESSES: ASSIGNOR
TONY H. ROPER, A MARRIED MAN
NikON,AA
WITNESS SIGNATURE
Susan Pfeiff
WITNESS NAME PRINTED
tpaurcirrvS-
WITNESS SIGMA E Tony H. Roper
Amy Windmiller
WITNESS NAME PRINTED
STATE OF FLORIDA
COUNTY OF ORANGE
I HEREBY CERTIFY, as an officer duly authorized to take acknowledgments and oaths in the State and County
aforesaid, that at the execution of this instrument on the date set forth below, Tony H. Roper executed or acknowledged
his/her/their previous execution of this instrument. I HEREBY FURTHER CERTIFY, that Tony H. Roper is/are the same
person(s)either executing or acknowledging execution of the foregoing instrument because: g I personally know him/her/them
OR 0 I have satisfactory evidence of same based upon a 0 Florida driver's license or 0 Other identification:
.WITNESS my hand and official seal in the State and County aforesaid this
11A#1day of May, 2018.
�\ "of Notary Public State of Florida
lJ `ham Amy Windmiller
My Commission GG 153088
Notary Public Si nature q ..dc Expires 12/25/2021
(PLACE NOTARY NAME A SEAL IMMEDIATELY BELOW) r.
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[SIGNATURE PAGE TO ASSIGNMENT AND ASSUMPTION OF PROPERTY RIGHTS]
WITNESSES: ASSIGNOR
TONY H. ROPER, INDIVIDUALLY ANI) AS
Ah SUCCESSOR TRUSTEE UNDER THE
ELIZABETH TROTTER ROPER
�
v1 DECLARATION OF TRUST DATED JANUARY
WITNESS SIGNATURE
e'l.'s 24, 2005
WITNESS NAME
an P direr
�
7
..
• n. . . . l4* Alt. °. ' AL �� A
WITNESS SIGNA 'RE Tony H. Roper, Indi •ivally antras Successor
Amy Windmiller
Trustee under the Elizabeth Trotter Roper Declaration
WITNESS NAME PRINTED of Trust dated January 24, 2005
STATE OF FLORIDA
COUNTY OF ORANGE
I HEREBY CERTIFY, as an officer duly authorized to take acknowledgments and oaths in the State and County
aforesaid,that at the execution of this instrument on the date set forth below,Tony H.Roper,Individually and as Successor Trustee
under the Elizabeth Trotter Roper Declaration of Trust dated January 24, 2005, and executed or acknowledged his/her/their
previous execution of this instrument. I HEREBY FURTHER CERTIFY, that Tony H. Roper is/are the same person(s)either
executing or acknowledging execution of the foregoing instrument because:'I personally know him/her/them OR 0 I have
satisfactory evidence of same based upon a 0 Florida driver's license or ❑ Other identification:
.WITNESS my hand and official seal in the State and County aforesaid this
11day of May, 2018.
�
.V`Y Notary Public State of Florida
1 ' ( , Amy Windmiller
Will . . ♦ _ ♦lel Ali .
. t+� My Commission GG 153068
Notary Public Si:nature ''i„gid• Expires 12/25/2021
(PLACE NOTARY NAME&SEAL IMMEDIATELY BELOW)
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[SIGNATURE PAGE TO ASSIGNMENT AND ASSUMPTION OF PROPERTY RIGHTS]
WITNESSES: ASSIGNOR
BERT E. ROPER AND BARBARA C. ROPER
FAMILY LIMITED LIABILITY LIMITED
PARTNERSHIP, a Florida limited partnership
£ SIGNATU`
WITNESS NAMESIMP Pfe •er
( � By:
WITNESS SIGNAT R — Charles F. Roper, as Successor Trustee of the
Amy Windmiller First Amended and Restated Bert E. Roper
WITNESS NAME PRINTED
Trust Agreement dated November 11, 2010
As its General Partner
STATE OF FLORIDA
COUNTY OF ORANGE
I HEREBY CERTIFY, as an officer duly authorized to take acknowledgments and oaths in the State and County
aforesaid, that at the execution of this instrument on the date set forth below,Charles F. Roper,as Successor Trustee of the First
Amended and Restated Bert E. Roper Trust Agreement dated November 11,2010, as General Partner of the Bert E. Roper and
Barbara C. Roper Family Limited Liability Limited Partnership, a Florida limited partnership, and executed or acknowledged
his/her/their previous execution of this instrument. I HEREBY FURTHER CERTIFY, that Charles F. Roper is/are the same
persons)either executing or acknowledging execution of the forego_itT. instrument because: ❑ I personally know him/her/them
OR I have satisfactory evidence of same based upon a Florida driver's license or 0 Other identification:
.WITNESS my hand and official seal in the State and County aforesaid this
ay* day of May,2018.
eist, Notary Public State of Florida
1 . , Amy Windmiller
[J�J My Commission GG 153068
Nota ignature -4.0i.o. Expires 12/25/2021
(PLACE NOTARY NAME&SEAL IMMEDIATELY BELOW)
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[SIGNATURE PAGE TO ASSIGNMENT AND ASSUMPTION OF PROPERTY RIGHTS]
WITNESSES: ASSIGNEE
CITY OF CLERMONT, a Florida municipal
corporation
WITNESS SIGNATURE
WITNESS NAME PRINTED
By:
Darren Gray
WITNESS SIGNATURE As its City Manager
WITNESS NAME PRINTED
STATE OF FLORIDA
COUNTY OF
I HEREBY CERTIFY, as an officer duly authorized to take acknowledgments and oaths in the State and County
aforesaid, that at the execution of this instrument on the date set forth below, Darren Gray as City Manager of the City of
Clermont, a Florida municipal corporation executed or acknowledged his/her/their previous execution of this instrument . I
HEREBY FURTHER CERTIFY,that Darren Gray is/are the same person(s)either executing or acknowledging execution of the
foregoing instrument because: 0 I personally know him/her/them OR 0 I have satisfactory evidence of same based upon a 0
Florida driver's license or 0 Other identification: .WITNESS my hand and
official seal in the State and County aforesaid this day of May,2018.
Notary Public Signature
(PLACE NOTARY NAME&SEAL IMMEDIATELY BELOW)
• ,
EXHIBIT "A" - LEGAL DESCRIPTION
A PARCEL OF LAND LYING IN THE NORTHWEST 1/4 OF SECTION 34, TOWNSHIP 22 SOUTH,
RANGE 26 EAST, LAKE COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
COMMENCE AT THE NORTHWEST CORNER OF SAID SECTION 34; THENCE RUN NORTH
90°00'00"EAST ALONG THE NORTH LINE OF SAID NORTHWEST 1/4 A DISTANCE OF 25.00 FEET
TO THE EASTERLY RIGHT OF WAY LINE OF HANCOCK ROAD (COUNTY ROAD 3-1255), AS
DESCRIBED IN OFFICIAL RECORDS BOOK 474, PAGE 999 OF THE PUBLIC RECORDS OF LAKE
COUNTY, FLORIDA; THENCE RUN SOUTH 00°57'47" EAST ALONG SAID EASTERLY RIGHT OF
WAY LINE FOR A DISTANCE OF 676.16 FEET TO THE POINT OF BEGINNING; THENCE
DEPARTING SAID EASTERLY RIGHT OF WAY LINE RUN NORTH 90°00'00" EAST FOR A
DISTANCE OF 526.00 FEET; THENCE RUN NORTH 00°00'00" EAST FOR A DISTANCE OF 285.00
FEET; THENCE RUN NORTH 90°00'00" EAST FOR A DISTANCE OF 512.82 FEET TO THE
WESTERLY LINE OF A 30 FOOT UTILITY EASEMENT AS RECORDED IN OFFICIAL RECORDS
BOOK 925, PAGE 230 OF AFORESAID PUBLIC RECORDS; THENCE RUN SOUTH 50°14'58" EAST
ALONG SAID WESTERLY LINE FOR A DISTANCE OF 780.41 FEET TO THE EAST LINE OF THE
WEST 1660 FEET OF THE AFORESAID NORTHWEST 1/4 OF SECTION 34; THENCE RUN SOUTH
00°57'45" EAST ALONG SAID EAST LINE FOR A DISTANCE OF 58.99 FEET TO THE NORTH LINE
OF THE SOUTH 1575 FEET OF THE WEST 1660 FEET OF AFORESAID NORTHWEST 1/4 OF
SECTION 34;THENCE RUN SOUTH 89°43'18"WEST ALONG SAID NORTH LINE FOR A DISTANCE
OF 1635.12 FEET TO AFORESAID EASTERLY RIGHT OF WAY LINE; THENCE RUN NORTH
00°57'47"WEST ALONG SAID EASTERLY RIGHT OF WAY LINE FOR A DISTANCE OF 281.00 FEET
TO THE POINT OF BEGINNING.
Prepared by and Return to:
JOHN KINGMAN KEATING,ESQUIRE
KEATING &SCHLITT, P.A.
TELEPHONE:407.425.2907♦FACStMtLE:407.843.8964
250 EAST COLONIAL DRIVE,SUITE 300
ORLANDO,FLORIDA 32801
E MAIL:jkkakeatlaw.com
PARCEL IDENTIFICATION NUMBER(S):34-22-26-000200001100.34-22-26-000200001200
&34-22-26-000200001300 RECORDING INFORMATION ABOVE THIS LINE
SPECIAL WARRANTY DEED
THIS SPECIAL WARRANTY DEED is made and executed this 22nd day of May,2018 by John
Kingman Keating, Individually and as Trustee of the Hancock Road Land Trust, with full power and
authority either to protect, conserve and to sell, or to lease, or to encumber, or otherwise to manage and
dispose of the real property described herein as contemplated by Section 689.073(1), Florida Statutes, as
to an undivided fifty percent (50.00%) interest ("Keating"), with a mailing address of 250 East Colonial
Drive,Suite 300,Orlando,Florida 32801,Lake Roberts Landing,LLC,a Florida limited liability company,
as to an undivided thirty-five percent (35.00%)interest, with a mailing address of 250 East Colonial Drive,
Suite 300, Orlando, Florida 32801 ("LRL"), and Bert E. Roper and Barbara C. Roper Family Limited
Liability Limited Partnership,a Florida limited partnership,as to an undivided fifteen percent(15.00%)
interest ("Roper Partnership"), with a mailing address of 146 West Plant Street, Suite 250, Winter Garden,
Florida 34787 (Keating, LRL, and Roper Partnership collectively the "Grantor"), to Clermont Commerce
Park,LLC,a Florida limited liability company(the"Grantee"),with a mailing address of 250 East Colonial
Drive, Suite 300, Orlando, Florida 32801.
WITNESSETH: That the Grantor for and in consideration of the sum of$10.00 and other good and
valuable consideration, the receipt and sufficiency of which is hereby acknowledged, hereby grants, bargains,
sells, aliens, remises, releases, conveys and confirms unto the Grantee, all that certain property situate in Lake
County, Florida, viz:
See Exhibit "A" attached hereto and by this reference made a part hereof.
THE GRANTOR WARRANTS THAT THE ABOVE-DESCRIBED PROPERTY CONVEYED HEREBY IS NOT
HOMESTEAD PROPERTY AS DEFINED BY THE CONSTITUTION AND LAWS OF THE STATE OF
FLORIDA.
THIS SPECIAL WARRANTY DEED IS EXEMPT FROM DOCUMENTARY STAMP TAX PURSUANT TO
SECTION 201.02(1),FLORIDA STATUTES,AND RULE 12B-4.060,F.A.C., AS THIS IS A TRANSFER OF THE
ABOVE-DESCRIBED REAL PROPERTY TO AN ENTITY WHOLLY OWNED BY THE GRANTOR WITH NO
EXCHANGE OF VALUE OR CONSIDERATION AND WITH NO CHANGE IN THE BENEFICIALOWNERSHIP
OF THE ABOVE-DESCRIBED REAL PROPERTY.
-1-
TOGETHER with all the tenements,hereditaments and appurtenances thereto belonging or in anywise
appertaining.
TO HAVE AND TO HOLD, the same in fee simple forever.
FURTHER, the Grantor hereby covenants with said Grantee that the Grantor is lawfully seized of said
real property in fee simple; that the Grantor has good right and lawful authority to sell and convey said real
property; that the Grantor hereby fully warrants the title to said real property and will defend the same against
the lawful claims of the Grantee above named and Grantee's heirs,successors,and assigns,against every person
lawfully claiming the property, or any part thereof, by, through or under the Grantor, but not otherwise; and
that said real property is free from all encumbrances; except, taxes and assessments accruing subsequent to
December 31, 2017 and all subsequent years, and all conditions, restrictions, reservations, limitations,
easements of record, if any, zoning and other governmental regulations and other matters of record,provided,
however, this reference shall not serve to reimpose same.
IN WITNESS WHEREOF, the said Grantor has executed this Special Warranty Deed on the day and
year first above written.
WITNESSES: / GRANTOR
JOHN KINGMAN KEATING, INDIVIDUALLY
4 AND AS TRUSTEE OF THE HANCOCK ROAD
LAND TRUST
WITNESS SIG RE
Sandra
,r-ff
ITNE . RIMED
IA n j)/
NESSSIGNATUREJohn Kingman Kip., Individually and as Trustee
•
WITNES
3�N�d r Colon of the Hancock R.•• and Trust
STATE OF FLORIDA
COUNTY OF ORANGE
I HEREBY CERTIFY, as an officer duly authorized to take acknowledgments and oaths in the State and County
aforesaid, that at the execution of this instrument on the date set forth below,John Kingman Keating,Individually and as Trustee
of the Hancock Road Land Trust,and executed or acknowledged his/her/their previous execution of this instrument. I HEREBY
FURTHER CERTIFY,that J. ; ingman Keating is/are the same person(s)either executing or acknowledging execution of the
foregoing instru -,t •1.use: personally know him/her/them OR 0 I have satisfactory evidence of same based upon a 0
Florida driver's kens-,r 0 '4 er identification: .WITNESS my hand and
official seal ii,1,, S . a : 'ounty aforesaid this ZZ-Ilay of May,2018.
illi
arra+Puo€,c SANDRA GREER
A : Commission#GG 123703
No b ic tr re
rySig, t4,
Expires September 8,2921
(PLACE N1 ARY NAME. SEAL IMMEDIATELY BELOW) Nry, �c Bonded Rau Budget Notary Seances
OF F�
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-2-
[SIGNATURE PAGE TO SPECIAL WARRANTY DEED]
WITNESSES: / •/
GRANTOR
LAKE ROBERTS LANDING, a Florida limited
liability company
AMe
WITNESS SI TURE -
I dra Greer
itati
ITN.• . EPRI D
,L .—e -1 — By: John Kingman :
ITNESS SIGNAT II'EAs its Manager
Lori-Arta Colon.
WITNESS NAME PRINTED
STATE OF FLORIDA
COUNTY OF ORANGE
I HEREBY CERTIFY, as an officer duly authorized to take acknowledgments and oaths in the State and County
aforesaid, that at the execution of this instrument on the date set forth below,John Kingman Keating, in his capacity as Manager
of Lake Roberts Landing, LLC, a Florida limited liability company, executed or acknowledged his/her/their previous execution
of this instrument. I HEREBY FURTHER CERTIFY,that Jo Kingman Keating is/are the same person(s)either executing or
acknowledging execution of the fore'oing instrument because: I personally know him/her/them OR 0 I have satisfactory
evidence of sa' e eased upon a 0 Florida driver's license or 0 Other identification:
.WITNESS my hand and official seal in the State and County aforesaid this
2 day of Mai018��
tirRYPue4 SANDRA GREER
Alli. i✓ �_ ° Commission#GG 123703
Nota "T"Sig Trre N a1'' c Expires September 8,2021
(PLACE.NOTARYNAME&SEAL IMMEDIATELY BELOW) Jl'' a% one nwU Budgets Notal ServiCbs
OF F�
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-3-
[SIGNATURE PAGE TO SPECIAL WARRANTY DEED]
WITNESSES: GRANTOR
BERT E. ROPER AND BARBARA C. ROPER
FAMILY LIMITED LIABILITY LIMITED
PARTNERSHIP, a Florida limited partnership
WITNESS SIGNATURE
Pusan Pfe' _--
WITNESS NAME PRINTED
By: .....-7WITNESS SIGNAT �� .....-7Charles F. Roper, as Successor Trustee of the
Amy Windmiller First Amended and Restated Bert E. Roper
WITNESS NAME PRINTED
Trust Agreement dated November 11, 2010
As its General Partner
STATE OF FLORIDA
COUNTY OF ORANGE
I HEREBY CERTIFY, as an officer duly authorized to take acknowledgments and oaths in the State and County
aforesaid,that at the execution of this instrument on the date set forth below, Charles F. Roper,as Successor Trustee of the First
Amended and Restated Bert E. Roper Trust Agreement dated November 11,2010, as General Partner of the Bert E. Roper and
Barbara C. Roper Family Limited Liability Limited Partnership, a Florida limited partnership, and executed or acknowledged
his/her/their previous execution of this instrument. I HEREBY FURTHER CERTIFY, that Charles F. Roper is/are the same
person s)either executing or acknowledging execution of the foregoin instrument because: CII personally know him/her/them
OR I have satisfactory evidence of same based upon a Florida driver's license or ElOther identification:
.WITNESS my hand and official seal in the State and County aforesaid this
c9Ot day of May, 2018.
UDv► Notary Public State of Florida
Notary Public 'gnature
(PLACE NOTARY NAME&SEAL IMMEDIATELY BELOW) , Amy Windmiller
My Commission GG 153068
-/or Adb Expires 12/25/2021
-4-
i
EXHIBIT "A" - LEGAL DESCRIPTION
PARCEL "A":
A PARCEL OF LAND LYING IN THE NORTHWEST 1/4 OF SECTION 34, TOWNSHIP 22 SOUTH,
RANGE 26 EAST, LAKE COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
COMMENCE AT THE NORTHWEST CORNER OF SAID SECTION 34; THENCE RUN NORTH
90°00'00"EAST ALONG THE NORTH LINE OF SAID NORTHWEST 1/4 A DISTANCE OF 25.00 FEET
TO THE EASTERLY RIGHT OF WAY LINE OF HANCOCK ROAD (COUNTY ROAD 3-1255), AS
DESCRIBED IN OFFICIAL RECORDS BOOK 474, PAGE 999 OF THE PUBLIC RECORDS OF LAKE
COUNTY,FLORIDA,SAID POINT BEING THE POINT OF BEGINNING;THENCE DEPARTING SAID
EASTERLY RIGHT OF WAY LINE, RUN NORTH 90°00'00" EAST ALONG SAID NORTH LINE A
DISTANCE OF 579.99 FEET TO THE WESTERLY LINE OF A 30 FOOT UTILITY EASEMENT AS
RECORDED IN OFFICIAL RECORDS BOOK 925, PAGE 230 OF AFORESAID PUBLIC RECORDS;
THENCE DEPARTING SAID NORTH LINE,RUN SOUTH 50°14'58" EAST ALONG SAID WESTERLY
LINE FOR A DISTANCE OF 611.57 FEET; THENCE DEPARTING SAID WESTERLY LINE, RUN
SOUTH 90°00'00"WEST FOR A DISTANCE OF 512.82 FEET;THENCE RUN SOUTH 00°00'00"EAST
FOR A DISTANCE OF 285.00 FEET; THENCE RUN SOUTH 90°00'00" WEST FOR A DISTANCE OF
526.00 FEET TO THE AFORESAID EASTERLY RIGHT OF WAY LINE OF HANCOCK ROAD;THENCE
RUN NORTH 00°57'47" WEST ALONG SAID EASTERLY RIGHT OF WAY LINE FOR A DISTANCE
OF 676.16 FEET TO THE POINT OF BEGINNING.
PARCEL "B":
A PARCEL OF LAND LYING IN THE NORTHWEST 1/4 OF SECTION 34, TOWNSHIP 22 SOUTH,
RANGE 26 EAST, LAKE COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
COMMENCE AT THE NORTHWEST CORNER OF SAID SECTION 34; THENCE RUN NORTH
90°00'00"EAST ALONG THE NORTH LINE OF SAID NORTHWEST 1/4 A DISTANCE OF 25.00 FEET
TO THE EASTERLY RIGHT OF WAY LINE OF HANCOCK ROAD (COUNTY ROAD 3-1255), AS
DESCRIBED IN OFFICIAL RECORDS BOOK 474, PAGE 999 OF THE PUBLIC RECORDS OF LAKE
COUNTY, FLORIDA;THENCE DEPARTING SAID EASTERLY RIGHT OF WAY LINE, RUN NORTH
90°00'00"EAST ALONG SAID NORTH LINE A DISTANCE OF 579.99 FEET TO THE WESTERLY LINE
OF A 30 FOOT UTILITY EASEMENT AS RECORDED IN OFFICIAL RECORDS BOOK 925,PAGE 230
OF AFORESAID PUBLIC RECORDS, SAID POINT BEING THE POINT OF BEGINNING; THENCE
CONTINUE NORTH 90°00'00"EAST ALONG SAID NORTH LINE FOR A DISTANCE OF 312.77 FEET
TO THE EASTERLY LINE OF A 170 FOOT UTILITY EASEMENT AS RECORDED IN OFFICIAL
RECORDS BOOK 320, PAGE 610 OF AFORESAID PUBLIC RECORDS; THENCE DEPARTING SAID
NORTH LINE RUN SOUTH 50°14'58" EAST ALONG SAID EASTERLY LINE FOR A DISTANCE OF
979.41 FEET TO THE EAST LINE OF THE WEST 1660 FEET OF THE AFORESAID NORTHWEST 1/4
OF SECTION 34;THENCE RUN SOUTH 00°57'45"EAST ALONG SAID EAST LINE FOR A DISTANCE
OF 263.86 FEET TO THE AFORESAID WESTERLY LINE OF A 30 FOOT UTILITY EASEMENT;
THENCE DEPARTING SAID EAST LINE RUN NORTH 50°14'58" WEST ALONG SAID WESTERLY
LINE A DISTANCE OF 1391.99 FEET TO THE POINT OF BEGINNING.
. f •
PARCEL "C":
A PARCEL OF LAND LYING IN THE NORTHWEST 1/4 OF SECTION 34, TOWNSHIP 22 SOUTH,
RANGE 26 EAST, LAKE COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
COMMENCE AT THE NORTHWEST CORNER OF SAID SECTION 34; THENCE RUN NORTH
90°00'00"EAST ALONG THE NORTH LINE OF SAID NORTHWEST 1/4 A DISTANCE OF 25.00 FEET
TO THE EASTERLY RIGHT OF WAY LINE OF HANCOCK ROAD (COUNTY ROAD 3-1255), AS
DESCRIBED IN OFFICIAL RECORDS BOOK 474, PAGE 999 OF THE PUBLIC RECORDS OF LAKE
COUNTY, FLORIDA;THENCE DEPARTING SAID EASTERLY RIGHT OF WAY LINE,RUN NORTH
90°00'00"EAST ALONG SAID NORTH LINE A DISTANCE OF 892.76 FEET TO THE EASTERLY LINE
OF A 170 FOOT UTILITY EASEMENT AS RECORDED IN OFFICIAL RECORDS BOOK 320,PAGE 610
OF SAID PUBLIC RECORDS,SAID POINT BEING THE POINT OF BEGINNING;THENCE CONTINUE
NORTH 90°00'00" EAST ALONG SAID NORTH LINE FOR A DISTANCE OF 742.48 FEET TO THE
EAST LINE OF THE WEST 1660 FEET OF THE AFORESAID NORTHWEST 1/4 OF SECTION 34;
THENCE RUN SOUTH 00°57'45"EAST ALONG SAID EAST LINE FOR A DISTANCE OF 626.37 FEET
TO THE EASTERLY LINE OF A 170 FOOT UTILITY EASEMENT AS RECORDED IN OFFICIAL
RECORDS BOOK 320, PAGE 610 OF AFORESAID PUBLIC RECORDS; THENCE RUN NORTH
50°14'58" WEST ALONG SAID EASTERLY LINE A DISTANCE OF 979.41 FEET TO THE POINT OF
BEGINNING.
•
CITY OF CLER1l!ONT
RESOLUTION NO.2018-13R
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CLERMONT, LAKE COUNTY, FLORIDA, APPROVING THE
AGREEMENT REGARDING EASEMENTS, IMPROVEMENTS,
MAINTENANCE AND COST SHARING BETWEEN CLERMONT
COMMERCE PARK, LLC AND THE CITY OF CLERMONT AND
PROVIDING FOR AN EFFECTIVE DATE.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Clermont, Lake County, Florida,that:
SECTION 1.
The City Council does hereby approve the acceptance of the Agreement regarding Easements,
Improvements, Maintenance and Cost Sharing for the Future Public Works Property between
Clermont Commerce Park, LLC and the City of Clermont, subject to the conditions contained in
the agreement as incorporated and attached hereto.
SECTION 2.
This Resolution shall take effect immediately upon its adoption.
1
CITY OF CLERMONT
.A
RESOLUTION NO.2018-13R
DONE AND RESOLVED by the City Council of the City of Clermont, Lake County,
Florida this 8th day of May,2018.
CITY OF CLERMONT
464%/40egt'd
Gail L.Ash, Mayor
ATTEST.
/ ..4/
Tracy Ackroyd Howe, City Clerk
Approved as to form and _• ' .
*AL
411410-...
Dame F.Mantzans, orney
Prepared by and Return to:
JOHN KINGMAN KEATING,ESQUIRE
KEATING&SCHLITT, P.A.
TELEPHONE:407.425.2907•FACSIMILE:407.425.6345
250 EAST COLONIAL DRIVE,SUITE 300
ORLANDO,FLORIDA 32801
E MAIL:jkk@keatlaw.com
RECORDING INFORMATION ABOVE THIS LINE
AGREEMENT REGARDING EASEMENTS,
IMPROVEMENTS,MAINTENANCE AND COST SHARING
THIS AGREEMENT REGARDING EASEMENTS, IMPROVEMENTS, MAINTENANCE
AND COST SHARING (the "Agreement") is made and entered into this 22nd day of May, 2018, by
Clermont Commerce Park, LLC, a Florida limited liability company ("CCP, LLC"), with a mailing
address of 250 East Colonial Drive, Suite 300, Orlando, Florida 32801 and the CITY OF CLERMONT,
a Florida municipal corporation ("Clermont"), whose address is 685 West Montrose Street, Clermont,
Florida.
WITNESSETH:
WHEREAS, CCP, LLC's predecessor in title was the fee simple owner of that certain parcel of
real property located in Lake County, Florida, more particularly described as the "Property" on the
attached Exhibit "A" (the "Property"), which Property, together with the Clermont Parcel and Retained
Parcels(both as hereinafter defined)which comprise it, are depicted on the attached Exhibit"A-1"; and
WHEREAS, CCP, LLC has conveyed a portion of the Property to Clermont, which portion is
more particularly described as the "Clermont Parcel" on the attached Exhibit "B" (the "Clermont
Parcel"), and CCP, LLC has retained ownership of the remainder portions of the Property which
remainder portions are more particularly described as "West Parcel," "Easement Parcel," and "Drainage
Parcel" on the attached Exhibit "C" (West Parcel, Easement Parcel, and Drainage Parcel being
collectively referred to herein as the"Retained Parcels"); and
WHEREAS, simultaneous with the conveyance of the Clermont Parcel to Clermont, CCP, LLC
and Clermont desire to declare, reserve,grant, and convey certain rights, interests, duties and obligations,
including, without limitation, access, utilities, drainage and fence easements, improvements (on-site and
off-site), maintenance and cost sharing agreements which will benefit and burden various portions of the
Property,all on terms and conditions as set forth herein.
NOW THEREFORE, in consideration of the mutual covenants, promises and benefits contained
herein, and other good and valuable consideration, the receipt and sufficiency of which are hereby
acknowledged,CCP, LLC and Clermont agree as follows:
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1. Easement for Transmission and Retention of Stormwater and Surface Water. CCP,LLC hereby
declares, reserves, grants and conveys for the benefit of the Clermont Parcel a perpetual, non-exclusive
easement, right, license and privilege for: (a) the transmission and conveyance through designated
underground conduits and pipes within the Incoming Transmission Easement Area (as hereinafter
defined)of stormwater and surface water which originates from the Clermont Parcel and is deposited into
the Pond Easement Area (as hereinafter defined) (the "Incoming Transmission Easement"); and (b) the
deposition and retention within the Pond Easement Area of such stormwater and surface water which
traverses the Incoming Transmission Easement Area and originates from the Clermont Parcel (the "Pond
Easement"). The underground and above ground pipes, lines, conduit, and other facilities associated with
the surface water drainage system referenced above shall be collectively referred to as the "Drainage
Facilities." The Incoming Transmission Easement shall be contained within the Incoming Transmission
Easement Area and the Pond Easement shall be contained within the Pond Easement Area, both as
described and depicted on the attached composite Exhibit "D." The Incoming Transmission Easement
Area may not be described and depicted on Exhibit"D"at the time of execution of this Agreement and in
such event the parties shall cooperate to determine the specific location, dimensions, and legal
descriptions of the Incoming Transmission Easement Area consistent with and as dictated by the planned
development on the Clermont Parcel and Retained Parcels, the recommendation of their engineers and
such engineers' plans and specifications, and the requirements of all permits and approvals issued by
applicable governmental authorities. The Incoming Transmission Easement Area and Pond Easement
Area may hereinafter collectively be referred to as the"Drainage Easement Areas." It is understood that
the planned development on the Retained Parcels may include modifications to the concept plan attached
to the PUD Ordinance(as hereinafter defined)to develop portions of the Easement Parcel and the location
of portions of the Pond Easement Area within the Easement Parcel. All stormwater and surface water
which originates from the Retained Parcels shall also be transmitted to and retained in the Pond Easement
Area. As a result, the Pond Easement Area shall be sufficient to serve the stormwater and surface water
drainage and retention requirements of the Clermont Parcel and Retained Parcels as fully developed or
otherwise, provided the impervious surface of the Clermont Parcel and Retained Parcels shall not exceed
eighty percent(80.00%).
2. Easements for Sanitary Sewer. CCP,LLC hereby declares, reserves,grants and conveys for the
benefit of the Clermont Parcel and Retained Parcels a perpetual, non-exclusive easement, right, license
and privilege for the installation, construction, operation, use, inspection, maintenance, repair and
replacement,from time to time, within the CCP Sanitary Sewer Easement Area(as hereinafter defined)of
such underground and above ground utilities pipes, lines, wires, conduit, and other facilities (the "CCP
Sanitary Sewer Facilities") as may be necessary to provide sanitary sewer to the Clermont Parcel and the
Retained Parcels, as fully developed or otherwise(but which shall not include or allow any such facilities
which do not provide direct service solely to the Clermont Parcel)(the"CCP Sanitary Sewer Easement").
The CCP Sanitary Sewer Easement shall be contained within the CCP Sanitary Sewer Easement Area as
described and depicted on the attached composite Exhibit"E."Provided,the foregoing shall not cause or
result in the alteration of the layout, location, construction and use of any planned improvements for the
Retained Parcels. If CCP, LLC reasonably determines that the location of the CCP Sanitary Sewer
Easement Area or CCP Sanitary Sewer Facilities does adversely impact its planned improvements or
otherwise desires to relocate them within the Retained Parcels, they may be relocated elsewhere within
the Retained Parcels, including along the east boundary of the Hancock Road right-of-way. The costs of
any such relocation shall be borne solely by CCP, LLC if occurring after the CCP Sanitary Sewer
Facilities have been permitted and construction has started within the CCP Sanitary Sewer Easement Area
and shall be shared between the parties as contemplated by Section 9 if occurring prior to such permitting
and commencement of construction. It is the intention of CCP, LLC and Clermont that the CCP Sanitary
Sewer Facilities originating north of the Retained Parcels shall, if they are not located within the CCP
Sanitary Sewer Easement Area, either run along the western boundary of the Easement Parcel or along
the east boundary of the Hancock Road right-of-way.
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Clermont hereby declares, reserves, grants and conveys for the benefit of the Retained Parcels
and the Clermont Parcel a perpetual, non-exclusive easement, right, license and privilege for the
installation, construction, operation, use, inspection, maintenance, repair and replacement, from time to
time, within the Clermont Sanitary Sewer Easement Area (as hereinafter defined) of such underground
and above ground utilities pipes, lines, wires, conduit, lift stations and other facilities (the "Clermont
Sanitary Sewer Facilities")as may be necessary to provide sanitary sewer to the Clermont Parcel and the
Retained Parcels, as fully developed or otherwise(but which shall not include or allow any such facilities
which do not provide direct service solely to the Clermont Parcel) (the "Clermont Sanitary Sewer
Easement"). The Clermont Sanitary Sewer Easement shall be contained within the Clermont Sanitary
Sewer Easement Area as described and depicted on the attached composite Exhibit"F." It is the intention
of CCP, LLC and Clermont that the private lift station which shall service only the Clermont Parcel and
Retained Parcels as fully developed is to be located at the northeast corner of the Clermont Parcel within
the Clermont Sanitary Sewer Easement Area.
3. Easement for Potable Water. Clermont hereby declares, reserves, grants and conveys
for the benefit of the Retained Parcels a perpetual, non-exclusive easement, right, license and
privilege for the installation, construction, operation, use, inspection, maintenance, repair and
replacement, from time to time, within the Potable Water Easement Area, more particularly
described on the attached composite Exhibit "G" ("Potable Water Easement Area"), of such
underground and above ground utilities pipes, lines, conduit, and other facilities (the "Potable
Water Facilities") as may be necessary to provide Potable Water to the Retained Parcels, as fully
developed or otherwise (the "Potable Water Easement"). Provided, the foregoing shall not cause
or result in the alteration of the layout, location, construction and use of any planned
improvements for the Retained Parcels. Clermont shall be obligated to extend the potable water
lines from the west side of the Hancock Road into the area of the intersection of the Access Road
Easement Area and the east side of the Hancock Road right-of-way and provide a connection to
the southwest area of the West Parcel immediately adjacent and north of the Access Road
Easement Area for CCP, LLC to tap into the Potable Water Facilities to serve the development
on the Retained Parcels. All costs and expenses associated therewith shall be invoiced and paid in
accordance with the procedure of Section 9 and 10 herein below.The location of such connection shall
be consistent with and as dictated by the planned development on the West Parcel, the
recommendation of the parties' engineers.
4. Access Road Easement. CCP,LLC and Clermont hereby declare,reserve, grant and convey for
the benefit of the Clermont Parcel and the Retained Parcels a mutual perpetual, non-exclusive easement,
right, license and privilege for passage and use, both pedestrian, vehicular and otherwise, in, under, over,
across, upon and through the Access Road Easement Area, as more particularly described on the attached
composite Exhibit "H" (the "Access Road Easement Area"), and including the installation, construction,
operation, use, inspection, maintenance, repair and replacement, from time to time, within the Access
Road Easement Area and within the Hancock Road right-of-way, of such paving, curbing, storm water,
driveways, aprons, berms, sidewalks, traffic signals, deceleration lanes, Hancock Road right-of-way
improvements, traffic control facilities, and other related improvements(the"Access Road Facilities") as
may be necessary to provide improved road and driveway access to the Clermont Parcel and Retained
Parcels as fully developed or otherwise (the "Access Road Easement"). Provided, the foregoing shall not
cause or result in the alteration of the layout, location,construction and use of any planned improvements
for the Retained Parcels.
5. Fence Easement. Along portions of the common boundary line between the Retained Parcels
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and the Clermont Parcel as shown on the attached Exhibit"I"(the"Common Boundary Line")the parties
agree to permit, construct, maintain, repair and replace (as needed) a chain link fence (or such other type
of fence or wall mutually agreed between the parties) with such covering as is required by the PUD
Ordinance (the "Fence") along the Common Boundary Line, with the intention that the centerline of the
Fence (i.e., the center line of the vertical portion of the Fence) shall be approximately coterminous with
the Common Boundary Line. CCP, LLC and Clermont hereby declare, reserve, grant and convey for the
benefit of the Clermont Parcel and the Retained Parcels a mutual perpetual, non-exclusive easement,
right, license and privilege to construct, maintain, repair and replace (as needed) the Fence along the
Common Boundary Line and within an area two(2) feet(or more as reasonably required)on either side of
the Common Boundary Line, as more particularly described on the attached Exhibit "I" (the "Fence
Easement Area"). Clermont shall be responsible for the initial construction and placement of the Fence
and all costs and expenses associated therewith shall be invoiced and paid in accordance with the
procedure of Section 9 and 10 hereinbelow. Notwithstanding the foregoing, along the Common Boundary
Line adjacent to the Easement Parcel the Fence shall be located off of the Common Boundary and fully
within the Clermont Parcel to comply with the improvements restrictions imposed by Duke Energy(or its
successors)within the Easement Parcel.
6. Relocation of Certain Easement Areas. In the event any of the Easement Areas are relocated or
modified as allowed by and in accordance with the terms and conditions hereof, including the
determination of the specific location of the Incoming Transmission Easement Area after the execution of
this Agreement, thereafter the parties shall execute and record an amendment to this Agreement
confirming the specific location, dimensions, and legal descriptions of the relocated or modified
Easement Area and shall record an amendment to this Agreement confirming the foregoing, including the
substitution of any required exhibits. If agreed to by both parties, any Easement Area may be more
specifically defined to reflect the actual location of any Facilities within such Easement Area.
7. Term of Easements. The easements granted and imposed by this Agreement shall be perpetual,
becoming effective on the date hereof and remaining in full force and effect forever; unless terminated or
modified by written agreement, properly executed and recorded, between the parties hereto, or their
respective successors or assigns. The easement rights created by this Agreement shall be binding upon all
parties or persons claiming under them and shall run with the Property for the aforesaid term. The
Incoming Transmission Easement Area, Pond Easement Area, CCP Sanitary Sewer Easement Area,
Clermont Sanitary Sewer Easement Area, Potable Water Easement Area, Access Road Easement Area,
Fence Easement Area shall be collectively referred to herein as the"Easement Areas."
8. Reservation of Rights. CCP, LLC and Clermont each hereby reserve unto themselves,and their
successors and assigns, all right, title, interest and privilege associated with the fee simple ownership of
the Easement Areas described in Section 1, 2, 3, 4, and 5 subject only to the continued exercise and use of
the easement rights granted in Sections 1, 2, 3, 4, and 5 of this Agreement. CCP, LLC's and Clermont's
reservations shall include, without limitation, the right to: (a) convey, grant, assign or transfer fee simple,
easement or other rights, titles or interests in the Easement Areas, including the dedication of portions of
the Easement Areas to the public; (b)to mortgage, pledge or otherwise encumber the Easement Areas;(c)
to subdivide and plat the Easement Areas or portions thereof; (d) improve, develop, construct, alter,
renovate, or repair the Easement Areas, including the placement of roadways, streets, sidewalks, curbs,
and other improvements within the Easement Areas.
9. Construction and Maintenance of Easement Areas and Facilities; Facilities Costs. Unless
otherwise agreed to by the parties in writing, Clermont shall be responsible for carrying out the
engineering, permitting, approval, development, construction, improvement, operation, maintenance,
repair, and renovation of the Drainage Facilities, CCP Sanitary Sewer Facilities, Clermont Sanitary Sewer
Facilities, Potable Water Facilities, Access Road Facilities, Hancock Road Facilities (as hereinafter
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defined), and Fence along the Common Boundary Line (the Drainage Facilities, CCP Sanitary Sewer
Facilities, Clermont Sanitary Sewer Facilities, Potable Water Facilities, Access Road Facilities, Hancock
Road Facilities, and Fence along the Common Boundary Line may hereinafter collectively be referred to
as the "Facilities"). It is the intention of the parties that the permitting and construction of the Facilities
shall be promptly initiated and completed so that their completion is contemporaneous with the earlier to
occur of the anticipated development and occupancy of the improvements on the Clermont Parcel or
Retained Parcels. Notwithstanding whether CCP, LLC or Clermont is responsible for the development,
construction, improvement, operation, maintenance, repair, renovation, approval and permitting of
Facilities, and except as provided hereinbelow related to the North Access Hancock Road Facilities (as
hereinafter defined)and Drainage Facilities within the Incoming Transmission Easement Area,CCP,LLC
and Clermont, and their successor and assigns, agree to pay all costs, expenses, and fees associated with
their development, construction, improvement, operation, maintenance, repair, renovation, approval and
permitting of such Facilities (collectively the "Facilities Costs") as provided herein. CCP, LLC shall be
responsible for forty-three percent (43.00%) of the Facilities Costs (the "CCP, LLC Cost Percentage")
and Clermont shall be responsible for fifty-seven percent(57.00%)of the Facilities Costs(the "Clermont
Cost Percentage"). The party performing or incurring the costs for the operation, maintenance, repair or
renovation of Facilities shall invoice the non-performing or incurring party for its proportionate share of
the costs. Invoices shall be provided no more frequently than once every thirty days and shall be paid
within thirty (30) days of the date of the invoice. Failure to timely make any required payment shall
subject the non-paying party to the interest charges and default provisions set forth in Section 10 below.
Notwithstanding the foregoing, payment for development of the facilities and for major repair or
renovation thereof shall be in accordance with Section 10 below. Notwithstanding the foregoing or
anything else contained herein to the contrary, the cost and expense of construction, maintenance, repair
and renovation of all Hancock Road Facilities directly related to or arising from the northern access road
on the Retained Parcels and which are within the area of the Hancock Road right-of-way which is one
hundred forty- five (145)feet north of and south of the centerline of such northern access road point(the
"North Access Hancock Road Facilities") shall be paid solely by CCP, LLC. Similarly, notwithstanding
the foregoing, the cost and expense of construction of the Drainage Facilities within the Incoming
Transmission Easement Area shall be paid solely by Clermont. It is expressly understood by the
parties that the cost-sharing provisions as set forth herein, shall not be applicable to or include
any impact fees, connection fees or assessments that may be applicable to the improvements to
be completed on the respective parcels. As a result, each party agrees to bear the full cost and
expense of such fees as may be attributable to the development of its respective parcel. In the
event any adjacent parcels are required to reimburse or pay a portion of the costs of the extension
of the Facilities along Hancock Road, the parties shall prorate that reimbursement between
themselves based on the CCP, LLC Cost Percentage and Clermont Cost Percentage.
10. Payment of Facilities Costs; Default. The parties agree to the following provisions related to
the payment of Facilities Costs:
(a)Facilities Cost Determination. Unless otherwise agreed to by the parties in writing,
following Clermont's reasonable determination of the amount of the Facilities Costs (or
any specified portion or phase of such Facilities Costs) which must be incurred Clermont
shall issue a Notice (the "Cost Notice") to CCP, LLC informing it of Clermont's
determination and requesting CCP, LLC contribute an amount equal to the specified
Facilities Cost multiplied by the CCP, LLC Facilities Cost Percentage. Within thirty(30)
days of such Cost Notice, Clermont and CCP, LLC shall each deliver their respective
proportionate shares of the specified Facilities Costs to Clermont to be placed in a bank
account for payment of the specified Facilities Costs. In the event that either Clermont or
CCP, LLC fails to timely make a required payment, such party will be deemed to be in
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default and subject to the provisions of Section 10(b)hereof. Any such amount owed and
unpaid shall begin to accrue interest from and after the end of the thirty (30) day period,
at an interest rate equal to four percent(4.00%)per annum in excess of the prime rate, as
published in the Wall Street Journal. Notwithstanding the foregoing, CCP,LLC shall be
allowed to defer payment of its portion of the Facilities Cost until the actual
commencement of construction of the specified Facilities and the receipt of written
notification from Clermont specifying the date upon which Clermont intends to
commence construction of such specified Facilities.
(b)Default. If either party fails to pay any amount which is required to be paid pursuant
to this Agreement on or before the date when such amount is due and payable, such party
shall be deemed to be in default hereunder(the"Defaulting Party").Thereafter, the other
party not in default(the"Non-Defaulting Party")shall have the following options:
(i)The Non-Defaulting Party may make a loan on behalf of the
Defaulting Party in the amount of the Defaulting Party's Facilities Costs
Percentage which is due and unpaid. Such loan shall be payable with
interest equal to four percent (4.00%)per annum in excess of the prime
rate, as published in the Wall Street Journal, upon the expiration of sixty
(60) days from the date of the making of such loan. If such loan is not
paid in full with interest by the Defaulting Party when due the Non-
Defaulting Party shall have the option to pursue all available legal
remedies against the Defaulting Party, including, without limitation, a
cause of action for the collection and payment of the Defaulting Party's
Facilities Cost Percentage amount or loan,together with interest accruing
thereon, and shall also be entitled to collect all attorneys' fees and costs
incurred in connection with the Non-Defaulting Party's efforts to collect
any amounts owed to it by the Defaulting Party hereunder.
(ii)The Non-Defaulting Party may determine not to make a loan, but
instead immediately pursue a cause of action for the collection and
payment of the Defaulting Party's Facilities Cost Percentage amount,
together with interest accruing thereon, and shall also be entitled to
collect all attorneys' fees and costs incurred in connection with the Non-
Defaulting Party's efforts to collect any amounts owed to it by the
Defaulting Party hereunder.
11. Approval and Construction of Off-Site Improvements. Subject to CCP, LLC's obligation to
pay for the North Access Hancock Road Facilities as set forth in Section 9 hereinabove and elsewhere in
this Agreement, Clermont shall be responsible for designing, planning, engineering, permitting and
obtaining all approvals, construction and completion of the following improvements (the "Off-Site
Improvements"):
(a)Hancock Road (and connected roadways) right-of-way improvements required by
Lake County, Florida, ("Lake County"), the Florida Department of Transportation and
other governmental agencies in connection with the planned development of the Property,
including, without limitation, required turn lanes, deceleration and acceleration lanes,
widening, drainage, sidewalks, and traffic signalization for both the shared southern
access road and the north access road located at the northwest corner of the West Parcel
(the"Hancock Road Facilities").
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(b)Sanitary sewer and potable water and improvements, extensions and construction
required in connection with the planned development of the Property, including, without
limitation, pipes, conduit, berms, and lift stations (the "Sewer and Water
Improvements"), which shall commence from the point of connection for such lines and
facilities at the nearest point to the Property and be of sufficient size and capacity to
accommodate the anticipated sanitary sewer and potable water necessary to serve the
planned development on the Property.
(c)Electrical service required in connection with construction of the Facilities.
The foregoing Off-Site Improvements shall be completed contemporaneous with the earlier to occur of
the anticipated development and occupancy of the improvements on the Clermont Parcel or Retained
Parcels.The construction of the Off-Site Improvements shall be completed in a manner to allow access to
Hancock Road and connection to the Sewer and Water Improvements from the boundary lines or interior
of both the Retained Parcels and the Clermont Parcel. The costs for the development, design,
construction, operation, maintenance and repair of the Off-site Improvements shall be apportioned
between the parties as set forth in Section 9 above, except for the North Access Hancock Road Facilities,
which shall be paid solely by CCP, LLC. Clermont shall provide to CCP, LLC's a Cost Notice for the
Off-site Improvements and Clermont and CCP, LLC shall contribute the costs to be held by Clermont as
provided in Section 9 above. Furthermore, Clermont shall be responsible for planning, engineering,
permitting and obtaining all approvals, construction and completion of all mass-grading of the site for
both the Retained Parcels and the Clermont Parcel (the "Mass Grading") required for the planned
development of both the Retained Parcels and the Clermont Parcel. The costs for the Mass Grading shall
be apportioned between the parties as set forth in Section 9 above. Clermont shall provide to CCP,LLC a
Cost Notice for the Off-site Improvements and Clermont and CCP, LLC shall contribute the costs to be
held by Clermont as provided in Section 10 above.
12. Approvals by Parties. The owner of the Retained Parcels and Clermont Parcel shall be
provided with true, correct and complete copies of all: (a) engineering plans and specifications, (b)
construction drawings or plans, and (c) applications for or requests, correspondence or communications
specifically pertaining to any governmental approvals in connection with the Retained Parcels, Clermont
Parcel, Drainage Facilities, Sanitary Sewer Facilities, Access Road Facilities, and any other utilities or
development on the Property prior to the submission or delivery thereof to any governmental authority.
No such documents shall be submitted to any governmental authority or any improvement or construction
commenced related thereto unless and until they have been approved by the non-submitting owner,which
approval the non-submitting owner shall not unreasonably withhold, condition or delay. Within twenty
(20) days after receipt of any submittal of a proposed application or request to a governmental authority
as described herein,the non-submitting owner shall provide to the submitting owner written notice stating
whether the non-submitting owner has approved or disapproved the submittal of such application or
request to the appropriate governmental authority. If such submittal is disapproved the notice shall also
contain a statement of the non-submitting engineer's reasons for such disapproval and any questions,
concerns,comments and objections thereto and suggested changes proposed by the non-submitting owner
in order to render such proposed application or request acceptable to the non-submitting owner. If the
non-submitting owner fails to respond, in writing, to any such submission of a proposed application or
request within the aforesaid twenty (20) day period, or to any resubmission thereof necessitated by the
non-submitting owner's disapproval of a previous submission, within five (5) business days after receipt
of any such resubmission,then the submitting owner may give to the non-submitting owner written notice
of such failure to respond, specifically stating that unless the non-submitting owner responds within five
(5) business days of receipt of such notice, approval of the submission such proposed application or
request to the appropriate governmental authority shall be deemed granted. If the non-submitting owner
fails to respond to such notice within such five(5)business day period,the non-submitting owner shall be
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deemed to have approved the proposed application or request last submitted, and the submitting owner
shall be entitled to submit the same to the appropriate governmental authority. Neither the owner of the
Retained Parcels nor the Clermont Parcel shall have any right to approve the specific site plans or
building plans pertaining to the development of any portions of the Retained Parcels or Clermont Parcel;
provided,Clermont shall have all governmental rights,subject to the that certain PUD Ordinance Number
2017-39 dated March 13, 2018 relating to approval of development and construction on the Retained
Parcels,as amended(the"PUD Ordinance").
13. Further Assurances. CCP, LLC and Clermont, and their respective successors in title and
assigns, agree to reasonably cooperate with each other and all other parties and all governmental
authorities having jurisdiction over the Retained Parcels and Clermont Parcel in order to finalize the
location and design of the Facilities and provide such additional documentation and take such actions as
may be necessary to evidence and carry out the requirements, spirit and intent of this Agreement. Both
parties agree to diligently and in good faith comply with the deadlines herein and to expedite the
preparation, finalization and submission of all plans, specifications, applications, permits and approvals
required to facilitate the development, improvement, construction, and occupancy on both the Retained
Parcels and the Clermont Parcel and to not unduly delay either parties' construction schedules. In
furtherance of the foregoing, CCP, LLC and Clermont, and their respective successors in title and assigns,
covenant and agree that they will at any time and from time to time do such acts and execute,
acknowledge and deliver, or cause to be executed, acknowledged and delivered, such applications and
documents reasonably requested by the parties necessary to evidence and carry out the requirements,
spirit and intent of this Agreement. The easement rights granted herein are intended to serve any and all
possible or potential future land uses of the Retained Parcels and Clermont Parcel. In furtherance of the
easements granted and created herein there shall not be constructed or placed within the Easement Area
any permanent barriers, walls, fences, improvements, structures, equipment, trees, undergrowth, motor
vehicles, personal property, or other items that conflict with or would preclude, prohibit or hinder in any
fashion the reasonable exercise of the easement rights contemplated hereinabove. The owners of the
Retained Parcels and the Clermont Parcel agree to cooperate with each other in obtaining the necessary
permits and approvals from the appropriate governmental authorities or other entities in order to construct
the Facilities and develop, improve and use the Property. Clermont shall reasonably cooperate with and
assist CCP, LLC in its efforts to petition the City Council of the City of Clermont to vacate and abandon
the road right-of-way adjacent to the north boundary line of the Retained Parcels and established by the
Plat of Lake Highlands Company, as recorded in Nat Book 3, Page(s) 24, in the Public Records of Lake
County,Florida.
14. Prohibitions. Notwithstanding anything contained herein to the contrary, any owner of the
Retained Parcels or the Clermont Parcel shall be prohibited from taking any action or failing to take any
action in the exercise of any rights or interests or the performance of any obligations hereunder if such
action or failure to take action would result in:
(a)Any owner of the Retained Parcels or the Clermont Parcel being in violation of any
governmental approvals, including, without limitation, any such approvals, permits or
authorizations issued by the State of Florida, the Department of Environmental
Protection, the St. Johns River Water Management District , the Florida Department of
Transportation, Lake County, any municipality, or any commission, agency, board,
department, or instrumentality of same, related to either the Retained Parcels or the
Clermont Parcel.
(b)Any alteration in the drainage, transmission, retention, or detention of surface water
on the Retained Parcels or Clermont Parcel or the stormwater and surface water drainage
facilities.
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(c)Any damage, destruction, or improper use, maintenance, operation, repair, or
replacement of any Facilities. stormwater and surface water drainage facilities, CCP
Sanitary Sewer Facilities,Clermont Sanitary Sewer Facilities,or Access Road Facilities.
15. Defaults. The occurrence of one or more of the following events shall constitute a default
under this Agreement:
(a)the failure or omission of any party to pay when due any monetary amounts it is
obligated to pay pursuant to the terms hereof; provided, such failure shall continue for
thirty(30)days following the date when such payment was due;or
(b)the failure of either party to keep, observe or perform any term, condition or
obligation of this Agreement required hereunder to be kept, observed or performed by
such party (other than a monetary default specified in Section 15(a) above); provided,
such failure shall continue for thirty(30)days following the date when such performance
was due.
16. Remedies: Right to Perform. Each owner of the Retained Parcels and the Clermont Parcel
understands and agrees that they have a significant economic interest in ensuring expeditious, good faith
compliance with this Agreement and any actions or omissions by any party hereto does not detrimentally
affect the Retained Parcels and the Clermont Parcel and their improvement, development, improvement,
occupancy, use and possession. Therefore, if any party hereto abandons or fails to expeditiously,
diligently and in good faith fully perform its obligations hereunder, or fails to obtain a building or
construction permit, certificate of completion or other required governmental approvals for the Facilities,
or any other construction, improvement, development, relocation, reconstruction, re-grading, re-
dimensioning, replacement, or maintenance obligations required hereunder for a period in excess of thirty
(30) days following delivery of written notice describing any such failure; or (ii) if any party otherwise
fails to perform its obligations hereunder,then in any of the foregoing events(such party being referred to
as the "Defaulting Party"), if the Defaulting Party has not remedied such default within thirty (30) days
after delivery of notice,the non-Defaulting Party shall have the option(in addition to and not in lieu of its
other rights and remedies hereunder or under the Agreement), to enter the Retained Parcels or the
Clermont Parcel (as applicable) and complete such construction or other obligations, and take any other
measures necessary to remedy such default. The Defaulting Party shall promptly, upon demand by the
non-Defaulting Party reimburse the non-Defaulting Party for all costs and expenses incurred by the non-
Defaulting Party in remedying such default, plus an additional twenty percent(20.00%)administrative fee
paid directly to the non-Defaulting Party. Any amounts owed by hereunder or otherwise under this
Agreement shall also accrue interest at four percent (4.00%)per annum in excess of the prime rate, as
published in the Wall Street Journal until paid. Furthermore, the Defaulting Party hereby grants to the
non-Defaulting Party the right to file and foreclose a claim of lien against all or any portion of the
Retained Parcels or the Clermont Parcel (as applicable) for all of the foregoing monetary amounts owed
to the non-Defaulting Party.
17. Indemnification. CCP, LLC and Clermont each agree to indemnify the other against and hold
the other harmless from and against any and all claims, damages, liability, demands, causes of action,
losses, costs and expenses, including reasonable attorneys' fees at the trial and appellate levels, resulting
from or occasioned from their use of their respective easement rights or such use by their tenants,
licensees, invitees,employees or guests.The right to such indemnification shall not be enforceable if such
claim,damage, liability, demand, cause of action, loss or costs and expenses arise from the negligent acts
or omissions of the party seeking indemnification. Nothing herein shall act as or be construed as a waiver
of any sovereign immunity that Clermont may enjoy as a matter of law.
-9-
18. No Public Benefit. Except as related to and part of Clermont's intended use of the Clermont
Parcel as a public purpose facility, nothing contained in this Agreement shall be deemed to be a gift or
dedication of any portion of either the Retained Parcels or Clermont Parcel to the general public or for
any public use or purpose whatsoever, it being the intention of the parties hereto that this Agreement is
for the exclusive benefit of the owners of the Retained Parcels and Clermont Parcel, and their successors,
assigns, mortgagees, tenants, customers and invitees, and that nothing in this Agreement express or
implied, shall confer upon any person, other than such owners, and their successors, assigns, mortgagees,
tenants, customers and invitees any rights or remedies under or by reason of this Agreement. The parties
hereto shall take no action or fail to take any action which would violate the foregoing provision.
19. Notices. All notices provided for in this Agreement shall be in writing and sent or delivered to
the mailing or email addresses or facsimile numbers set forth below or at such other addresses or
facsimile numbers as the parties shall designate to each other in writing:
CCP, LLC Name: Clermont Commerce Park, LLC, a Florida limited liability company;
Attn.: John Kingman Keating, Esq.
Address: 250 East Colonial Drive, Suite 300, Orlando,Florida 32801
Phone Number / Facsimile Number/ Email: 407-425-2907 / 407-425-6345
/jkk@keatlaw.com
Clermont Name: City of Clermont; Attn.: City Manager
Address: Post Office Box 120219, Clermont, Florida 34712
Phone Number/ Facsimile Number/ Email: 352-241-7358 / 352-394-4087
/DGray@clermontfl.org
with a copy to: Name: De Beaubien, Simmons, Knight, Mantzaris & Neal, LLP; Attn.:
Daniel F. Mantzaris, Esq.
Address: 332 North Magnolia Avenue, Orlando, Florida 32801
Phone Number/Facsimile Number/Email: 407-422 2454/407-992-3541 /
dfm14@dbksmn.com
Any notice or demand so given, delivered or made by United States mail shall be deemed to have
been given: (a) in the case of hand delivery, when delivered to the address set forth above, (b) in the case
of mailing, on the third (3`d) business day after said document has been deposited in the United States
Mails, postage prepaid, and sent by certified or registered mail and addressed to the other party at the
address set forth above, and (c) in any case(including email or facsimile delivery) upon the actual receipt
by the other party. Delivery to either party's legal counsel shall be deemed sufficient delivery. CCP, LLC
and Clermont may from time to time notify the other or changes with respect to where and to whom
notices should be sent by sending notification of such changes pursuant to this Section.
20. Time of the Essence. Time, and timely performance, is of the essence of this Agreement and
of the covenants, obligations, and provisions hereunder. Any time period that shall end on a Saturday,
Sunday, legal holiday, or bank holiday shall extend to 5:00 p.m. Eastern Standard (or Daylight, as
applicable)Time of the next full business day.
-10-
21. Violations. Enforcement and Attorneys' Fees. The rights and obligations granted or created
hereby shall be enforceable by CCP, LLC or Clermont, or their respective successor or assigns, by
injunction or by specific performance,or the parties hereto may seek monetary damages, if appropriate.If
any legal action or other proceeding or action is brought for the enforcement of this Agreement, or
because of an alleged dispute, breach, default, or misrepresentation in connection with any provision of
this Agreement, the successful or prevailing party or parties shall be entitled to recover reasonable
attorneys' fees, court costs, and all other expenses, even if not taxable court costs (including, without
limitation, all such fees, costs and expenses incident to arbitration, appellate, bankruptcy, and post-
judgment proceedings), incurred in that action or proceeding or any appeal, in addition to any other relief
to which the party or parties may be entitled. Attorneys' fees include paralegal fees, expert witness fees,
investigative fees,administrative costs,and all other charges billed by the attorney to the prevailing party.
All disputes or disagreements arising under this Agreement shall be subject to mediation as a condition
precedent to the institution of legal or equitable proceedings by either party. Mediation shall proceed in
advance of legal or equitable proceedings, which shall be stayed pending mediation for a period of forty-
five (45) days from the date of filing, unless stayed for a longer period by agreement of the parties or
court order.Mediation may be initiated by either party within ten(10)days after either party sends written
notice("Mediation Notice") of a demand to mediate. The Mediation Notice shall contain a description of
the subject matter of the mediation, the dispute with respect thereto, the amount involved, if any, and the
remedy or determination sought. The parties shall agree on an AAA mediator to act as the mediator. If
they are unable to agree within ten (10) days of the Mediation Notice, then they shall request that AAA
provide a list of three available mediators.Each party shall have the right to strike one of such names.The
remaining mediator(or if there are two, the one selected by AAA)will serve as the mediator. The parties
shall share the mediator's fee and any filing fees equally. The mediation shall be held in the city where
the Premises are located, unless another location is mutually agreed upon. Agreements reached in
mediation shall be enforceable as settlement agreements in any court having jurisdiction thereof.
22. Successors and Assigns. The rights, titles, interests, privileges, reservations, obligations and
duties herein provided shall inure to the benefit and burden of the Retained Parcels and Clermont Parcel
and their respective owners, and each of their respective successors, assigns, grantees, transferees,
including,without limitation,their respective mortgagees,tenants, licensees, invitees,customers,patients,
employees and guests. In the event either the Retained Parcels or the Clermont Parcel shall be further
subdivided or any portions thereof shall have different owners, then all of such subsequent owners,
successors, assigns, grantees, or transferees, shall have joint and several liability for the obligations,
duties and liabilities set forth herein and in this Agreement.
'BALANCE OF PAGE INTENTIONALLY LEFT BLANK
-SIGNATURES AND NOTARY CERTIFICATIONS ON FOLLOWING PAGES]
-11-
IN WITNESS WHEREOF, this Agreement Regarding Easements, Improvements, Maintenance
and Cost Sharing to be executed . • of the date first written above.
WITNESSES: illAr CLERMONT COMMERCE PARK, LLC
CLERMONT COMMERCE PARK,LLC,a
Florida limited liability company
WITNESS SIGNATU•: - T Idra Greer
WITNESS AM .' •
•i By: �_
iir
/,c. - Cji . John King fip g
WITNES. NAT 'RE As its Manager
Lori-Ann Colon
WITNESS NAME PRINTED
STATE OF FLORIDA
COUNTY OF ORANGE
I HEREBY CERTIFY, as an officer duly authorized to take acknowledgments and oaths in the State and County
aforesaid, that at the execution of this instrument on the date set forth below, John Kingman Keating as Manager of Clermont
Commerce Center, LLC, a Florida limited liability company, personally appeared before me and executed or acknowledged his
previous execution of this instrument. I HEREBY FURTHER CERTIFY, that John Kingman Keating, is the same person
either executing or acknowledging e -cution of the foregoing instrument because:'$I personally know him/her/them OR ❑ I
have satisfactory evidenc• of same based upon a o Florida driverV license or ❑ Other identification:
/ . WITNESS my hand and official seal in the State and County aforesaid
this day of lf,20,
# d �,
Notary 'ublir ignature_ Ot1YP°se SANDRAGREER
(PLACE NO RY 'AME 4 SEAL IMMEDIATELY BELONG g :^••, O
Commission#GG 123703
* 4'' o= Expires September 8,2021
9lP OF F1.e Bonded Thru Budges Notary SerYICes
WITNESSES: CLERMONT
CITY OF CLERMONT,a Florida municipal
corporation
WITNESS SIGNATURE
WITNESS NAME PRINTED
By:
Gail Ash
WITNESS SIGNATURE As its Mayor
WITNESS NAME PRINTED
STATE OF FLORIDA
COUNTY OF ORANGE
I HEREBY CERTIFY, as an officer duly authorized to take acknowledgments and oaths in the State and County
aforesaid, that at the execution of this instrument on the date set forth below, Gail Ash as Mayor of the City of Clermont, a
Florida municipal corporation, personally appeared before me and executed or acknowledged his previous execution of this
instrument.I HEREBY FURTHER CERTIFY,that Gail Ash,is the same person either executing or acknowledging execution
of the foregoing instrument because:o I personally know him/her/them OR o I have satisfactory evidence of same based upon a
o Florida driver's license or o Other identification: .WITNESS my hand
and official seal in the State and County aforesaid this day of May,2018.
Notary Public Signature
(PLACE NOTARY NAME&SEAL IMMEDIATELY BELOW)
WITNESSES: CLERMONT
CITY OF CLERMONT,a Florida municipal
I. corporation
1
WITNESS SIGNATt;
r
W ESS NA. PRINTED
By:
;.,41Cedi‘L'''
Gail Ash
wS7---/
NA y. As its Mayor
"FR�Gc. SvA g.-e---e.
WITNESS NAME PRINTED
STATE OF FLORIDA
COUN'T'Y OF ORANGE
I HEREBY CERTIFY, as an officer duly authorized to take acknowledgments and oaths in the State and County
aforesaid,that at the execution of this instrument on the date set forth below,Gail Ash as Mayor of the City of Clermont,a Florida
municipal corporation,personally appeared before me and executed or acknowledged his previous execution of this instrument. I
HEREBY FURTHER CERTIFY,that Gail Ash,is the same person either executing or acknowledging execution of the foregoing
instrument because:t/personally know him/her/them OR o I have satisfactory evidence of same based upon a Florida driver's
license or a Other identification: WITNESS my hand and official seal in
the State and County aforesaid this 6:**0 day of May,2018.
Cary Signature
(PLACE NOTARY NAME @ SEAL IMMEDIATELY BELOW)
Cattle Zinker
qtr r CAIIIIE ZINK/A
*
i 4Commission 0 GG 120W9d
g, .4ir Expires July 27,2021
-14 or Fe. WMad Ttxu MA*Nmky Unitas
EXHIBIT"A"-LEGAL DESCRIPTION OF THE PROPERTY
THAT PART OF THE WEST 1,660 FEET OF THE NORTHWEST ONE-QUARTER('A)OF SECTION
34, TOWNSHIP 22 SOUTH, RANGE 26 EAST, LESS THE SOUTH 1,575 FEET OF THE NORTH
ONE-HALF (%2) OF THE WEST 1,660 FEET OF SAID NORTHWEST ONE-QUARTER ('A) AND
LESS THE ROAD RIGHT-OF-WAY OF LAKE HANCOCK ROAD ON THE WEST, BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCE AT THE NORTHWEST CORNER OF SAID SECTION 34 FOR A POINT OF
REFERENCE; THENCE, RUN NORTH 90°00'00" EAST, ALONG THE NORTH LINE OF SAID
NORTHWEST ONE-QUARTER (%), A DISTANCE OF 25.00 FEET TO A POINT LYING ON THE
EASTERLY RIGHT-OF-WAY LINE OF LAKE HANCOCK ROAD (COUNTY ROAD 3-1255) AS
DESCRIBED IN OFFICIAL RECORDS BOOK 474, PAGE 999 OF THE PUBLIC RECORDS OF
LAKE COUNTY, FLORIDA, SAID POINT BEING THE POINT OF BEGINNING; THENCE,
DEPARTING SAID RIGHT-OF-WAY LINE, RUN NORTH 90°00'00" EAST, ALONG SAID NORTH
LINE, A DISTANCE OF 1,635.24 FEET TO THE EAST LINE OF THE AFORESAID WEST 1,660.00
FEET; THENCE, DEPARTING SAID NORTH LINE, RUN SOUTH 00°57'45" EAST, PARALLEL
WITH AND 1,660.00 FEET EAST OF, PERPENDICULAR MEASURE, THE WEST LINE OF SAID
NORTHWEST ONE-QUARTER (%), A DISTANCE OF 949.22 FEET TO THE NORTH LINE OF
AFORESAID SOUTH 1,575.00 FEET; THENCE RUN SOUTH 89°43'18" WEST, ALONG SAID
NORTH LINE, A DISTANCE OF 1,635.12 FEET TO THE AFORESAID EAST RIGHT-OF WAY
LINE, THENCE RUN NORTH 00°57'47" WEST, ALONG SAID RIGHT-OF-WAY LINE, A
DISTANCE OF 957.16 FEET TO THE POINT OF BEGINNING.
EXHIBIT"A-1"-DEPICTION OF THE PROPERTY
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EXHIBIT"B"-LEGAL DESCRIPTION OF THE CLERMONT PARCEL
CLERMONT PARCEL(PARCEL"D"):
A PARCEL OF LAND LYING IN THE NORTHWEST 1/4 OF SECTION 34,TOWNSHIP 22 SOUTH,
RANGE 26 EAST, LAKE COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
COMMENCE AT THE NORTHWEST CORNER OF SAID SECTION 34; THENCE RUN NORTH
90°00'00" EAST ALONG THE NORTH LINE OF SAID NORTHWEST 1/4 A DISTANCE OF 25.00
FEET TO THE EASTERLY RIGHT OF WAY LINE OF HANCOCK ROAD (COUNTY ROAD 3-
1255), AS DESCRIBED IN OFFICIAL RECORDS BOOK 474, PAGE 999 OF THE PUBLIC
RECORDS OF LAKE COUNTY,FLORIDA; T HENCE RUN SOUTH 00°57'47"EAST ALONG SAID
EASTERLY RIGHT OF WAY LINE FOR A DISTANCE OF 676.16 FEET TO THE POINT OF
BEGINNING; THENCE DEPARTING SAID EASTERLY RIGHT OF WAY LINE RUN NORTH
90°00'00" EAST FOR A DISTANCE OF 526.00 FEET; THENCE RUN NORTH 00°00'00" EAST FOR
A DISTANCE OF 285.00 FEET; THENCE RUN NORTH 90°00'00" EAST FOR A DISTANCE OF
512.82 FEET TO THE WESTERLY LINE OF A 30 FOOT UTILITY EASEMENT AS RECORDED IN
OFFICIAL RECORDS BOOK 925, PAGE 230 OF AFORESAID PUBLIC RECORDS; THENCE RUN
SOUTH 50°14'58" EAST ALONG SAID WESTERLY LINE FOR A DISTANCE OF 780.41 FEET TO
THE EAST LINE OF THE WEST 1660 FEET OF THE AFORESAID NORTHWEST 1/4 OF SECTION
34;THENCE RUN SOUTH 00°57'45" EAST ALONG SAID EAST LINE FOR A DISTANCE OF 58.99
FEET TO THE NORTH LINE OF THE SOUTH 1575 FEET OF THE WEST 1660 FEET OF
AFORESAID NORTHWEST 1/4 OF SECTION 34; THENCE RUN SOUTH 89°43'18" WEST ALONG
SAID NORTH LINE FOR A DISTANCE OF 1635.12 FEET TO AFORESAID EASTERLY RIGHT OF
WAY LINE; THENCE RUN NORTH 00°57'47" WEST ALONG SAID EASTERLY RIGHT OF WAY
LINE FOR A DISTANCE OF 281.00 FEET TO THE POINT OF BEGINNING.
[CONTAINING 620,770.01 SQUARE FEET(14.25 ACRES),MORE OR LESS.]
EXHIBIT"C"-LEGAL DESCRIPTION OF RETAINED PARCELS
WEST PARCEL(PARCEL"A"):
A PARCEL OF LAND LYING IN THE NORTHWEST 1/4 OF SECTION 34,TOWNSHIP 22 SOUTH,
RANGE 26 EAST, LAKE COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
COMMENCE AT THE NORTHWEST CORNER OF SAID SECTION 34; THENCE RUN NORTH
90°00'00" EAST ALONG THE NORTH LINE OF SAID NORTHWEST I/4 A DISTANCE OF 25.00
FEET TO THE EASTERLY RIGHT OF WAY LINE OF HANCOCK ROAD (COUNTY ROAD 3-
1255), AS DESCRIBED IN OFFICIAL RECORDS BOOK 474, PAGE 999 OF THE PUBLIC
RECORDS OF LAKE COUNTY, FLORIDA, SAID POINT BEING THE POINT OF BEGINNING;
THENCE DEPARTING SAID EASTERLY RIGHT OF WAY LINE, RUN NORTH 90°00'00" EAST
ALONG SAID NORTH LINE A DISTANCE OF 579.99 FEET TO THE WESTERLY LINE OF A 30
FOOT UTILITY EASEMENT AS RECORDED IN OFFICIAL RECORDS BOOK 925, PAGE 230 OF
AFORESAID PUBLIC RECORDS; THENCE DEPARTING SAID NORTH LINE, RUN SOUTH
50°14'58" EAST ALONG SAID WESTERLY LINE FOR A DISTANCE OF 611.57 FEET; THENCE
DEPARTING SAID WESTERLY LINE, RUN SOUTH 90°00'00" WEST FOR A DISTANCE OF
512.82 FEET; THENCE RUN SOUTH 00°00'00" EAST FOR A DISTANCE OF 285.00 FEET;
THENCE RUN SOUTH 90°00'00" WEST FOR A DISTANCE OF 526.00 FEET TO THE AFORESAID
EASTERLY RIGHT OF WAY LINE OF HANCOCK ROAD; THENCE RUN NORTH 00°57'47"
WEST ALONG SAID EASTERLY RIGHT OF WAY LINE FOR A DISTANCE OF 676.16 FEET TO
THE POINT OF BEGINNING.
[CONTAINING 468,061.42 SQUARE FEET(10.75 ACRES),MORE OR LESS.]
EASEMENT PARCEL(PARCEL"B"):
A PARCEL OF LAND LYING IN THE NORTHWEST 1/4 OF SECTION 34, TOWNSHIP 22 SOUTH,
RANGE 26 EAST, LAKE COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
COMMENCE AT THE NORTHWEST CORNER OF SAID SECTION 34; THENCE RUN NORTH
90°00'00" EAST ALONG THE NORTH LINE OF SAID NORTHWEST 1/4 A DISTANCE OF 25.00
FEET TO THE EASTERLY RIGHT OF WAY LINE OF HANCOCK ROAD (COUNTY ROAD 3-
1255), AS DESCRIBED IN OFFICIAL RECORDS BOOK 474, PAGE 999 OF THE PUBLIC
RECORDS OF LAKE COUNTY, FLORIDA; THENCE DEPARTING SAID EASTERLY RIGHT OF
WAY LINE, RUN NORTH 90°00'00" EAST ALONG SAID NORTH LINE A DISTANCE OF 579.99
FEET TO THE WESTERLY LINE OF A 30 FOOT UTILITY EASEMENT AS RECORDED IN
OFFICIAL RECORDS BOOK 925, PAGE 230 OF AFORESAID PUBLIC RECORDS, SAID POINT
BEING THE POINT OF BEGINNING; THENCE CONTINUE NORTH 90°00'00" EAST ALONG
SAID NORTH LINE FOR A DISTANCE OF 312.77 FEET TO THE EASTERLY LINE OF A 170
FOOT UTILITY EASEMENT AS RECORDED IN OFFICIAL RECORDS BOOK 320, PAGE 610 OF
AFORESAID PUBLIC RECORDS; THENCE DEPARTING SAID NORTH LINE RUN SOUTH
50°14'58" EAST ALONG SAID EASTERLY LINE FOR A DISTANCE OF 979.41 FEET TO THE
EAST LINE OF THE WEST 1660 FEET OF THE AFORESAID NORTHWEST 1/4 OF SECTION 34;
THENCE RUN SOUTH 00°57'45" EAST ALONG SAID EAST LINE FOR A DISTANCE OF 263.86
FEET TO THE AFORESAID WESTERLY LINE OF A 30 FOOT UTILITY EASEMENT; THENCE
DEPARTING SAID EAST LINE RUN NORTH 50°14'58" WEST ALONG SAID WESTERLY LINE A
DISTANCE OF 1391.99 FEET TO THE POINT OF BEGINNING.
[CONTAINING 237,139.56 SQUARE FEET(5.44 ACRES),MORE OR LESS.]
DRAINAGE PARCEL(PARCEL"C"1:
A PARCEL OF LAND LYING IN THE NORTHWEST 1/4 OF SECTION 34,TOWNSHIP 22 SOUTH,
RANGE 26 EAST, LAKE COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
COMMENCE AT THE NORTHWEST CORNER OF SAID SECTION 34; THENCE RUN NORTH
90°00'00" EAST ALONG THE NORTH LINE OF SAID NORTHWEST 1/4 A DISTANCE OF 25.00
FEET TO THE EASTERLY RIGHT OF WAY LINE OF HANCOCK ROAD (COUNTY ROAD 3-
1255), AS DESCRIBED IN OFFICIAL RECORDS BOOK 474, PAGE 999 OF THE PUBLIC
RECORDS OF LAKE COUNTY, FLORIDA; THENCE DEPARTING SAID EASTERLY RIGHT OF
WAY LINE, RUN NORTH 90°00'00" EAST ALONG SAID NORTH LINE A DISTANCE OF 892.76
FEET TO THE EASTERLY LINE OF A 170 FOOT UTILITY EASEMENT AS RECORDED IN
OFFICIAL RECORDS BOOK 320, PAGE 610 OF SAID PUBLIC RECORDS, SAID POINT BEING
THE POINT OF BEGINNING; THENCE CONTINUE NORTH 90°00'00" EAST ALONG SAID
NORTH LINE FOR A DISTANCE OF 742.48 FEET TO THE EAST LINE OF THE WEST 1660 FEET
OF THE AFORESAID NORTHWEST 114 OF SECTION 34; THENCE RUN SOUTH 00°57'45" EAST
ALONG SAID EAST LINE FOR A DISTANCE OF 626.37 FEET TO THE EASTERLY LINE OF A
170 FOOT UTILITY EASEMENT AS RECORDED IN OFFICIAL RECORDS BOOK 320, PAGE 610
OF AFORESAID PUBLIC RECORDS; THENCE RUN NORTH 50°14'58" WEST ALONG SAID
EASTERLY LINE A DISTANCE OF 979.41 FEET TO THE POINT OF BEGINNING.
CONTAINING 232,501.86 SQUARE FEET(5.34 ACRES),MORE OR LESS.
COMPOSITE EXHIBIT"D"- LEGAL DESCRIPTION AND DEPICTION OF THE
INCOMING TRANSMISSION EASEMENT AREA AND POND EASEMENT AREA
SKETCH OF DESCRIPTION
SHEET 1 OF 2 EXHIBIT D
LEGAL DESCRIPTION (Drainage Easement).
A parcel of land comprising a portion of Section 34, Township 22 South, Range 26 East, Lake
County, Florida.
Being more particularly described as follows:
COMMENCE at the Northwest corner of aforesaid Section 34; thence run North 90'00'00" East
along the North line of the Northwest 1/4 of said Section 34 for a distance of 1224.66 feet
to the POINT OF BEGINNING; thence continuing along said North line run North 90'00'00" East
for a distance of 435.57 feet to a point on the East line of the West 1660 feet of said
Northwest 1/4 of Section 34; thence run South 00'57'47" East along said East line for a
distance of 626.37 feet to a point on the Easterly line of a 170 foot wide utility easement
according to Official Records Book 320, Page 610 of the Public Records of Lake County,
Florida; thence run North 5014'58" West along said Easterly line for a distance of 580.22 feet;
thence departing said Easterly line run North 00'00'00" West for a distance of 255.26 feet to
the POINT OF BEGINNING.
Contains 193,332 square feet, 4.44 acres more or less.
I
SURVEYOR'S NOTES: Sk4
;A♦.♦ Rev 5-9-18
THIS 15NOT A SURVEY.
THE DELINEATION OF THE LANDS SHOWN HEREON ARE AS PER THE CLIENTS REQUEST.
♦♦♦,� �,;♦. THIS LEGAL DESCRIPTION AND SKETCH WERE PREPARED WITHOUT THE BENEFIT OF TITLE.
er THIS SKETCH IS NOT VALID WITHOUT THE SIGNATURE AND ORIGINAL RAISED SEAL OF A FLORIDA LICENSED
♦�, ,# SURVEYOR AND MAPPER.
BEARINGS SHOWN HEREON ARE ASSUMED AND BASED ON THE NORTH LINE OF NORTHWEST 1/4
A L L E IV SECTION 34-22-26 BEING N90130'00'E FOR ANGULAR DESIGNATION ONLY.
24302 JLR FOR THE LICENSED BUSINESS # 5723 BY:
COMPANY JOB NO. CALCULATED BY:
v DATE: 5-7-2018 DRAWN BY: PJR
SCALE: 1" = 150 FEET _ CHECKED BY: MR
16 East Plant Street N/A JAMES L. RICKMAN P.S.M. 1 5633
`Wei Grim,Flaido 34787'(407)654 5355 HELD BY: /
SKETCH OF DESCRIPTION 1 EXHIBIT "D"
SHEET 2 OF 2
DRA4NAGE EASEMENT
POINT OF
PONT/20,00
OF NORTH LINE OF BEGINNING
COMMENCEI ,T NORTHWEST 1/4
NW CORNER LAKE IIQ MrD3 cao4wY SECTION 34-22-26
SECTION 34 « 7,Ap6 24
N90'00'00"E 435.57' o
N90'00'OO"E 1224.66'
I LO
I I EASTERLY RIGHT-OF-WAY LINE EAST LINE OF WEST 1660'
PER O.R. 474, PG. 999
lOsIND
OF NORTHWEST 1/4
\ SECTION 34-22-26
•
\ coW UNE OF NW 1/4 \ N
ISECTION 34-22-26 co
0
E'lY LINE OF 170 UTILITYIa IEASEMENT PER O.R. 320, PG. 610
CNI 05
r7 a N.
�, 2-0
o ysrS N
;n
aO 7 aF o• e oL b
Cr °° ` � A OGS
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0
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a
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o °'
v
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Za N
Na N
�
ul
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• i)
��♦
sk4 SIN„
THIS IS NOT A SURVEY: Rev s-s ,s
A QQ DENOTES CHANGE IN DIRECTION
R/W DENOTES RIGHT-OF-WAY
dNW
♦♦♦•� ,N•♦. P.B. DENOTES PLAT BOOK
O.R, DENOTES OFFICIAL RECORDS BOOK
,� �,♦ PG. DENOTES PAGE
ALLEN
COMPANY JOB NO. 24302 CALCULATED BY: JLR
. ,._':e'O'S> .,CGe' DATE:
5-7-2018 - DRAWN BY: PJR
MR
SCALE: 1" = 150 FEET - CHECKED BY:
16 East Plant Street N/A /
Mkt 6ader,SW& 347V'(4131}654 5355
0
FIELD BY:
COMPOSITE EXHIBIT"E"-LEGAL DESCRIPTION AND DEPICTION OF THE
CCP SANITARY SEWER EASEMENT AREA
/SKETCH OF DESCRIPTION I EXHIBIT "E"
SHEET 1 OF 2
LEGAL DESCRIPTION ( Sanitary Sewer Easement — Alternative Route).
A strip of land 15.00' in width comprising a portion of Section 34, Township 22 South, Range
26 East, Lake County, Florida.
Being more particularly described as follows:
COMMENCE at the Northwest corner of aforesaid Section 34; thence run North 90'00'00" East
along the North line of the Northwest 1/4 of said Section 34 for a distance of 25.00 feet to
a point on the Easterly right—of—way line of Hancock Road (County Road 3-1255) according to
Official Records Book 474, Page 999 of the Public Records of Lake County, Florida and the
POINT OF BEGINNING; thence departing said Easterly right—of—way line continue North 90'00'00"
East along said North line of the Northwest 1/4 of Section 34 for a distance of 579.99 feet
to a point on the Westerly line of a 30.00 foot wide utility easement according to Official
Records Book 925, Page 230 of said Public Records; thence run South 50'14'58" East along
said Westerly line for a distance of 120.16 feet; thence departing said Westerly line run South
00'00'00" East for a distance of 314.23 feet; thence run South 90'00'00" West for a distance
of 15.00 feet; thence run North 00'00'00" East for a distance of 307.20 feet; thence run
North 5014'58" West for a distance of 107.70 feet; thence run South 90'00'00" West for a
distance of 574.31 feet to a point on aforesaid Easterly right—of--way line of Hancock Road
(County Road 3-1255); thence run North 00'57'47" West for a distance of 15.00 feet to the
POINT OF BEGINNING.
Contains 15,027 square feet, 0.34 acres more or less.
/
SURVEYOR'S NOTES: Rev 5-9-18
THIS NOT A SURVEY.
Y.
THE DELINEATION OF THE LANDS SHOWN HEREON ARE AS PER THE CLIENTS REQUEST.
♦�;�, ,,;�♦ DESCRIPTIONTHIS LEGAL AND
PREPARED
iBENEFIT
THIS SKETCH IS NOT UDWITHOUT THESIGNATURE AND ORIGINALRAID SEAL OF A FLORIDA UCENSED
SURVEYOR AND MAPPER.
♦�,
BEARINGS SHOWN HEREON ARE ASSUMED AND BASED ON THE NORTH UNE OF NORTHWEST 1/4
ALLEN" SECTION 34-22-26 BEING N90.00'00'E FOR ANGULAR DESIGNATION ONLY.
FOR THE UCENSFE BUSINESS 672.3 BY:
COMPANY JOB NO 24302 CALCULATED BY
= .... : . DATF• 5-7-2018 DRAWN BY. PJR
SCALE* 1' = 150 FEET CHECKED BY, MR
16 East Plant Street N/A JAMES L. RICKMAN P.S.M. # 5633/
Nilo Cuda,Flaido 34187'(107)654 5355 FIELD BY-
/SKETCH OF DESCRIPTION EXHIBIT „E„
SHEET 2 OF 2
SANITARY SEWER EASEMENT - ALTERNATIVE ROUTE
N
cc a N
I \ \ \
POINT OF N N
COMMENCEMENT X \ NI ( i
NW CORNER OF I N
SECTION 34-22-26 NORTH UNE OFN
I POINT OF NORTHWEST 1/a \ X
BEGINNING �SECnoN 3a-22—zs
\ N90'00'00"E / i 579.99' N
cr
S90'00'00"W 574.31' e.
��N>>_
Zi gi 4,
N
w g J 15.00— AG
N
p \ 2p,;1`P1/44'N v�\F9SF� 6;49-N,
l
M
I- W UNE OF NW 1/4 WAREHOUSE PARCEL o
SECTION 34-22-26 p i,� Nii .,\
I0 15.00' NCI"X9
; �, W
Ua EASTERLY RIGHT-OF-WAY LINE 3o
O '
C
N PER O.R. 474, PG. 999O O 2�p\
17 n
00 W LY UNE OF N
N
M a Z � 30' UTIUTY EASEMENT
Q 41 PER OR. 925. PG. 230
Q a, r--
O T L2
cr w
>- a LINE TABLE
I Z h UNE LENGTH BEARING
IO
L1 120.16' S5014'58"E
U °- L2 15.00' S90'00'00"W CLEREMONT PARCEL
1 o L3 107.70' N5014'58"W
L4 15.00' N00'57'47"W
O a
:In
U o
O o:
U a
Z
—\ Q 3
2 c,
g
Si
/
.♦�♦♦ THIS IS NOT A SURVEY: 9 DENOTES CHANGE IN DIRECTION Rev 5-9 518
R/W DENOTES RIGHT-OF-WAY
♦♦♦,# i,♦♦ Q DENOTES CENTERUNE
P.B. DENOTES PLAT BOOK
♦ ♦ O.R. DENOTES OFFICIAL RECORDS 800K
�,� �,♦ PG. DENOTES PAGE
ALLEN
a
COMPANY JOB NO. 24302 CALCULATED BY• JLR
'C'e:: CI SL"..:'C':3'.1CCCE': DATE: 5-7-2018 DRAWN 8Y• PJR
'
SCALE. 1" = 150 FEET CHECKED BY: MR
16 East Plant Street N/A
Nada Galen,%it 34781 (4O1)6545355 FIELD BY. /
COMPOSITE EXHIBIT"F"-LEGAL DESCRIPTION AND DEPICTION OF THE
CLERMONT SANITARY SEWER EASEMENT AREA
SKETCH OF DESCRIPTION EXHIBIT "F"
SHEET 1 OF 2
LEGAL DESCRIPTION (City Sewer Easement).
A strip of land comprising a portion of Section 34, Township 22 South, Range 26 East, Lake
County, Florida.
Being more particularly described as follows:
COMMENCE at the Northwest corner of aforesaid Section 34; thence run North 90°00'00" East
along the North line of the Northwest 1/4 of said Section 34 for a distance of 604.99 feet to
a point on the Westerly line of a 30.00 foot wide utility easement according to Official Records
Book 925, Page 230 of the Public Records of Lake County, Florida; thence run South 50'14'58"
East along said Westerly line for a distance of 611.57 feet to the POINT OF BEGINNING; thence
departing said Westerly line run South 00'00'00" East for a distance of 30.00 feet; thence run
South 90°00'00" West for a distance of 20.00 feet; thence run North 00'00'00" West for a
distance of 15.00 feet; thence run South 90°00'00" West for a distance of 372.81 feet; thence
run North 00'00'00" East for a distance of 15.00 feet; thence run North 90'00'00" East for a
distance of 392.81 feet to the POINT OF BEGINNING.
Contains 6,192 square feet, 0.14 acres more or less.
SURVEYOR'S NOTES: ak5
`♦w�♦ 11-11S fS NOTA SURVEY. Rev 5-9-18
THE DELINEATION OF THE LANDS SHOWN HEREON ARE AS PER THE CLIENTS REQUEST.
♦,�, ,,•.♦. THIS LEGAL DESCRIPTION AND SKETCH WERE PREPARED WITHOUT THE BENEFIT OF TITLE.
THIS SKETCH IS NOT VALID WITHOUT THE SIGNATURE AND ORIGINAL RAISED SEAL OF A FLORIDA LICENSED
SURVEYOR AND MAPPER.
♦�, ,�� BEARINGS SHOWN HEREON ARE ASSUMED AND BASED ON THE NORTH UNE OF NORTHWEST 1/4
ALLEN SECTION 34-22-26 BEING N90'00'00"E FOR ANGULAR DESIGNATION ONLY.
COMPANY JOB NO. 24302 CALCULATED BY: JLR
FOR THE LICENSED BUSINESS # 6723 BY:
DATE: 5-7-2018 DRAWN BY: PJR
SCALE: 1
= 150 FEET CHECKED BY: MR
16 East Plant Street N/A JAMES L. RICKMAN P.S.M. # 5633/
Irma Gad n,fief& 34787'(407)554 5A55 FIELD BY:
SKETCH OF DESCRIPTION
SHEET 2 OF 2 EXHIBIT F
CITY SEWER EASEMENT
N
N
POINT OF N
COMMENCEMENT N
NW CORNER OF
N
SECTION 34-22-26 NORTH UNE OF N N \
/NORTHWEST 1/4 \ \
SECTION 34-22-26 N
N90'00'00'E 604.99 ,
N N,/ A> N
W UNE OF NW 1/4 \ N. FR Op�Lj}
) SECTION 34-22-26 J `}? F
WLY UNE OFY SAN o CFyF \
c 30' UTILITY EASEMENT 2', lijy 6�YT� \
I, PER OR. 925, PG. 230 ��\Fq\
Nla \F�r
cd
I 67
a _ EASTERLY RIGHT—OF—WAY UNEWAREHOUSE PARCEL \�s�-
p 0 is
VI I PER O.R. 474, PG. 999 C?�O /y/A O�
LOT \ \Yc
cr co N N
fes- ° N90'00'O0"E I 392.81'
M
D a J S90'00'00"W] 372.81' ro L2 5
`/ 0'
15.00 -J
rn
0 °'
< 0
o a
CC n
OICSi CLEREMONT PARCEL
U W
Z a
Q
-1AC
2 a
Id
40 LINE TABLE
LINE LENGTH BEARING
L1 30.00' S00'00'00"E
L2 20.00' S90'00'00"W
L3 15.00' NO0'00'00"W
L4 1 15.00' N 00'00'00"E
♦A♦ THIS IS NOT A SURVEY: O DENOTES CHANGE IN DIRECTION Rev 5-9 S18
R/W DENOTES RIGHT-OF-WAY
P.B. DENOTES PLAT, * ,,•♦• O.R. DENOTES OFFlCIALO RECORDS BOOK
•I, �. PG. DENOTES PAGE
ALLEN
COMPANY JOB NO 24302 CALCULATED BY JI-R
'D`e:Sio1C S_..e.o'f 3'.10^0_; DATE: 5-7-2018 DRAWN BYPJR
SCALE: 1 = 150 FEET CHECKED BY: MR
16 East Plant Street N/A /
miter Garden,Bodo 34187$(4w)65/5355 FIELD BY:
COMPOSITE EXHIBIT"G"-LEGAL DESCRIPTION AND DEPICTION OF THE
POTABLE WATER EASEMENT AREA
/SKETCH OF DESCRIPTION I EXHIBIT "G1!
SHEET 1 OF 2
LEGAL DESCRIPTION (Access Road Easement). [(Potable Water Easement)
A parcel of land comprising a portion of Section 34, Township 22 South, Range 26 East, Lake
County, Florida.
Being more particularly described as follows:
COMMENCE at the Northwest corner of aforesaid Section 34; thence run North 90'00'00" East
along the North line of the Northwest 1/4 of said Section 34 for a distance of 25.00 feet to
a point on the Easterly right—of—way line of Hancock Road (County Road 3-1255) according to
Official Records Book 474, Page 999 of the Public Records of Lake County, Florida; thence run
South 00'57'47" East along said Easterly right—of—way line for a distance of 648.37 feet;
thence departing said Easterly right—of—way line run North 89'02'13" East for a distance of
25.00 feet to the POINT OF BEGINNING, being a point on a non tangent curve concave
Northeasterly and having a radius of 50.00 feet, a chord bearing of South 78'10'05" East and
a chord length of 20.50 feet; thence run Southeasterly along the arc of said curve through a
central angle of 23'39'50" for and arc distance of 20.65 feet to a point of tangency, thence
run North 90'00'00" East for a distance of 77.09 feet; thence run South 84'43'34" East for a
distance of 163.19 feet; thence run North 90'00'00" East for a distance of 179.91 feet;thence
run South 00'00'00" East for a distance of 30.00 feet; thence run North 90'00'00" West for a
distance of 234.31 feet; thence run South 84'43'34" West for a distance of 65.28 feet;
thence run North 90'00'00" West for a distance of 106.50 feet; to a point of curvature of a
curve concave Southeasterly and having a radius of 50.00 feet, a chord bearing of South
69'37'33" West and a chord length of 34.81 feet; thence run Southwesterly along the arc of
said curve through a central angle of 40'44'54" for and arc distance of 35.56 feet to a point
on a non tangent line; thence run North 00'57'47" West for a distance of 67.33 to the POINT
OF BEGINNING.
Contains 17,028 square feet, 0.39 acres more or less.
♦���` SURVEYOR'S NOTES: ski
THIS IS NOT A SURVEY. Rev 5-9-18
# ♦ THE DEUNEATION OF THE LANDS SHOWN HEREON ARE AS PER THE CLIENTS REQUEST.
�♦, + THIS LEGAL DESCRIPTION AND SKETCH,,♦� THIS IS
NMOT VAUD WITHOUT THE SIGNATURE AND ORIGINARE PREPARED WITHOUT LiRAIE SEDFlSEOEFIT OF TITLE.FLORIDA UCENSED
SUR# � BEARINGS SHOWN HEREON ARE ASSUMED AND BASED ON THE NORTH LINE OF NORTHWEST 1/4
ALLEN SECTION 34-22-26 BEING N90'00'00"E FOR ANGULAR DESIGNATION ONLY.
/
COMPANY J08 NO. 24302 CALCULATED BY JLR FOR THE LICENSED BUSINESS 6723 BY:
_ - •_ DATE: 5-7-2018 DRAWN BY: PJR
SCALE: 1" = 150 FEET CHECKED BY: MR
16 East Plant Street FIELD BY: N/A JAMES L RICKMAN P.S.M. # 5633
kW hada;Raider 347&] (40D)&54. e5
SKETCH OF DESCRIPTION I EXHIBIT "G"
SHEET 2 OF 2
ACCESS ROAD EASEMENTI (Potable Water Easement)
1
33
x ce
NORTH UNE OF
POINT OF NORTHWEST 1/4
N90'00'00"E SECTION 34-22-26
COMMENCEMENT (25.00
NW CORNER OF N90'00'00"E
SECTION 34-22-26 `../ I
EASTERLY RIGHT—OF—WAY 474,
PROPOSED
LINE I RIGHT—OF—WAY LINE
PER O.R. 4744, PG. '999 LINE TABLE
I I LINE LENGTH BEARING
L1 25.00' N89'02'13"E
L2 77.09' N90'00'00"E
W LINE OF NW 1/4
M L3 163.19' 584'43'34"E
SECTION 34-22-26 co L4 179.91' N90'00'00"E
o (0 L5 30.00' S00'00'00"E
I
G. o L6 234.31' N90'00'00"W
L7 65.28' S84'43'34"W
N °.I L8 106.50' N90'00'00"W
I I L9 67.33' N00'57'47"W I`3 'aln
p .kI u,
WAREHOUSE PARCEL
I
F— a
Iz " I
o a' Io;
o I-
Q ICPOINT OF
0
cc BEGINNING
Si Y 4 2 C1 L2 e
I �
U o 11 •4 L3 14
�w t
0 a 0) QG. 1J——j
\ •
2 �, ,� L8 L7 L6 111
-C
o CLEREMONT PARCEL
vi
co
3 3
I I
CURVE TABLE
CURVE RADIUS LENGTH CHORD BEARING DELTA
Cl 50.00' 20.65' 20.50' S7810'05"E 23'39'50"
C2 50.00' 35.56' 34.81' S69'37'33"W 40'44'54" /
♦�♦ THIS IS NOT A SURVEY: o DENOTES CHANGE IN DIRECTION Rev 5-9518
♦♦; i,, P.B. DENOTES PLAT 8001 RLW DENOTES CENTERUNEDENOTES WAY
♦ O.R. DENOTES OFFICIAL RECORDS BOOK P.C. DENOTES POINT OF CURVATURE
,I �"., PG. DENOTES PAGE P.T. DENOTES POINT OF TANGENCY
it L L E NN.T. DENOTES NON TANGENT
COMPANY JOB NO. 24302 CALCULATED BY: JLR
"Olei'A",� U
o-.;-;I s c:s DATE: 5-7-2018 DRAWN BY: PJR
=
SCALE: 1' = 150 FEET CHECKED BY: MR
16 East Plant Street N/A
*la Gadd flail 34187 4(407) r4&I55 FIELD BY: /
COMPOSITE EXHIBIT"H"-LEGAL DESCRIPTION AND DEPICTION OF THE
ACCESS ROAD EASEMENT AREA
'SKETCH OF DESCRIPTION I EXHIBIT „H"
SHEET 1 OF 2
LEGAL DESCRIPTION (Access Road Easement).
A parcel of land comprising a portion of Section 34, Township 22 South, Range 26 East, Lake
County, Florida.
Being more particularly described as follows:
COMMENCE at the Northwest corner of aforesaid Section 34; thence run North 90'00'00" East
along the North line of the Northwest 1/4 of said Section 34 for a distance of 25.00 feet to
a point on the Easterly right—of—way line of Hancock Road (County Road 3-1255) according to
Official Records Book 474, Page 999 of the Public Records of Lake County, Florida; thence run
South 00'57'47" East along said Easterly right—of—way line for a distance of 648.37 feet;
thence departing said Easterly right—of—way line run North 89'02'13" East for a distance of
25.00 feet to the POINT OF BEGINNING, being a point on a non tangent curve concave
Northeasterly and having a radius of 50.00 feet, a chord bearing of South 7810'05" East and
a chord length of 20.50 feet; thence run Southeasterly along the arc of said curve through a
central angle of 23'39'50" for and arc distance of 20.65 feet to a point of tangency, thence
run North 90'00'00" East for a distance of 77.09 feet; thence run South 84'43'34" East for a
distance of 163.19 feet; thence run North 90'00'00" East for a distance of 179.91 feet;thence
run South 00'00'00" East for a distance of 30.00 feet; thence run North 90'00'00" West for a
distance of 234.31 feet; thence run South 84'43'34" West for a distance of 65.28 feet;
thence run North 90'00'00" West for a distance of 106.50 feet; to a point of curvature of a
curve concave Southeasterly and having a radius of 50.00 feet, a chord bearing of South
69'37'33" West and a chord length of 34.81 feet; thence run Southwesterly along the arc of
said curve through a central angle of 40'44'54" for and arc distance of 35.56 feet to a point
on a non tangent line; thence run North 00'57'47" West for a distance of 67.33 to the POINT
OF BEGINNING.
Contains 17,028 square feet, 0.39 acres more or less.
/
SURVEYOR'S NOTES: sk3
THIS IS NOT A SURVEY. Rev 5-9-18
• QUEST.
, ADESCRIPTION,s• THIS LEGALTION ELANDS SHOWN R iE CUENTS E
ANDE
SKETCH WEPREPARED WITHOUEON ARE AS PER T THE BENEF1TOF TITLE.
THIS SKETCH IS NOT VALID WITHOUT THE SIGNATURE AND ORIGINAL RAISED SEAL OF A FLORIDA UCENSED
♦�,, SURVEYOR,,,• AND MAPPER.
BEARINGS SHOWN HEREON ARE ASSUMED AND BASED ON THE NORTH LINE OF NORTHWEST 1/4
ALLEN SECTION 34-22-26 BEING N90'00'00"E FOR ANGULAR DESIGNATION ONLY.
COMPANY JOB NO 24302 CALCULATED BY: JLR
FOR THE LICENSED BUSINESS 1 6723 BY:
_. DATE: 5-7-2018 DRAWN BY: PJR
SCALP1" = 150 FEET CHECKED BY:_ MR
16 East Plant Street N/A JAMES L. RICKMAN P.S.M. 1 5633 /
big Gat*Flaide 34787 (407)654 5365 FIELD BY: '
SKETCH OF DESCRIPTIONEXHIBIT "H"
SHEET 2 OF 2
ACCESS ROAD EASEMENT
3 3
a
NORTH LINE OF
POINT OF NORTHWEST 1/4
N90'00'00"E SECTION 34-22-26
COMMENCEMENT [25.00
NW CORNER OF \ N90100'00"E
SECTION 34-22-26 `11
EASTERLY RIGHT-OF-WAY LINEPROPOSED
PER O.R. 474, PG. 999 I RIGHT-OF-WAY LINE LINE TABLE
I I I LINE LENGTH BEARING
L1 25.00' N89'02'13"E
I L2 77.09' N90'00'00"E
W LINE OF NW 1/4
r-- L3 163.19' 584'43'34"E
SECTION 34-22-26 -I co L4 179.91' N90'00'00"E
0 `° L5 30.00' S00'00'00"E
a L6 234.31' N90'00'00"W
I�; L7 65.28' S84'43'34"W
N a os 1 I L8 106.50' N90'00'00"W
I I L9 67.33' N00'57'47"W
a
re) n.o
0 .I w
< o. a
CC WAREHOUSE PARCEL
I
H F.)a
I D I
U n1 I
co
co
ocn
aPOINT OF
. 1\ 0 w -t BEGINNING
e Ik
61,6 Iz CLQ. L2 L3 14
o 4 - �. =-. --T J-.-
Z n �1 . 1
\ Q 3, CZ L8 �� L6
o CLEREMONT PARCEL
3 3
I I
CURVE TABLE
CURVE RADIUS LENGTH CHORD BEARING DELTA
Cl 50.00' 20.65' 20.50' S7810'05"E 23'39'50"
C2 50.00' 35.56' 34.81' S69'37'33"W 40'44'54" /
THIS IS NOT A SURVEY:
® Revs 9sis
DENOTES CHANGE IN DIRECTION
♦;� �,♦♦ P.B. DENOTES PLAT BOOK RLE W DENOTES DENOTES CENIEROUNEWAY
♦ ♦ O.R. DENOTES OFFICIAL RECORDS BOOK P.C. DENOTES POINT OF CURVATURE
,gr �,. PG. DENOTES PAGE
P.T. DENOTES POINT OF TANGENCY
4/ L L N.E N N.T. DENOTES NON TANGENT
COMPANY JOB NO. 24302 CALCULATED BY: JLR
0crO^:I7U'.E.^'S x'.ONCeS DATE: 5-7-2018 DRAWN BY: PJR
SCALE: 1" 150 FEET CHECKED BY: MR
16 East Plant Street N/A
wet GQda4 Florida 34787'(407)8545355 FIELD BY: /
EXHIBIT"P"-LEGAL DESCRIPTION AND DEPICTION OF THE
FENCE EASEMENT AREA
/SKETCH OF DESCRIPTION
EXHIBIT "I"
SHEET 1 OF 2
LEGAL DESCRIPTION (Fence Easement).
A strip of land 4.00 feet in width comprising a portion of Section 34, Township 22 South,
Range 26 East, Lake County, Florida.
Being more particularly described as follows:
COMMENCE at the Northwest corner of aforesaid Section 34; thence run North 90'00'00" East
along the North line of the Northwest 1/4 of said Section 34 for a distance of 604.99 feet to
a point on the Westerly line of a 30.00 foot wide utility easement according to Official Records
Book 925, Page 230 of the Public Records of Lake County, Florida; thence run South 5014'58"
East along said Westerly line for a distance of 611.15 feet to the POINT OF BEGINNING;
thence continuing along said Westerly line run South 5014'58" East for a distance of 783.54
feet; thence departing said Westerly line run South 00'57'45" East for a distance of 5.28 feet
to a point on a line 4.00 west of and parallel to said Westerly line; thence run North 5014'58"
West along said parallel line for a distance of 785.54 feet; thence departing said parallel line
run South 90'00'00" West for a distance of 506.97 feet; thence run South 00'00'00" East for a
distance of 285.00 feet; thence run South 90'00'00" West for a distance of 63.89 feet; thence
run North 00'00'00" East for a distance of 4.00 feet; thence run North 90'00'00" East for a
distance of 59.89 feet; thence run North 00'00'00" West for a distance of 285.00 feet;
thence run North 90'00'00" East for a distance of 512.42 feet to the POINT OF BEGINNING.
Contains 6,565 square feet, 0.15 acres more or less.
SURVEYOR'S NOTES: sk6
Rev 5-9-18
♦♦`w;♦♦ THIS IS NOT SURVEY.
THE DELINEATION OF THE LANDS SHOWN HEREON ARE AS PER THE CLIENTS REQUEST.
�♦,,, ,,,♦� AND
T OF TITLE.
THIS SKETCH
HNI MNOOTTPVVAAUDWI OUT THE EIRE PREPARED T THE Fl
SIGNATURE AND ORIGINAL RAISED SEAL OF A FLORIDA UCENSED
SUR♦ , BEARINGS SHOWN HEREON ARE ASSUMED AND BASED ON THE NORTH LINE OF NORTHWEST 1/4
*ALLEN* SECTION 34-22-26 BEING N90'00'00"E FOR ANGULAR DESIGNATION ONLY.
g
COMPANY JOB NO. CALCULATED BY 24302 JU2 FOR THE LICENSED BUSINESS # 6723 BY:
.•. _ DATE. 5-7-2018 DRAWN Br
PJR
SCALE: 1" = 200 FEET CHECKED BY: MR
16 East Plant Street N/A JAMES L RICKMAN P.S.M. / 5633 /
!kik,Car*Node 34787.(407)654 5355 FIELD BY:
SKETCH OF DESCRIPTION
SHEET 2 OF 2 EXHIBIT
FENCE EASEMENT
I I
Ce OF
CWMMENCEMENT \
(__ POINT
NW CORNER OF
N
SECTION 34-22-26 N NORTH LINE OF
IN.
N. NORTHWEST 1/4
1 N
\ N SECTION 34-22-26
AI\
'N.__ N90'00'00"E 604.99' \ \
S.� N \
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\(/,.)..N
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W LINE OF NW 1/4 y NF\ 'OGF4„. �\
SECTION 34-22-26 W'LY LINE OF N4/7•NS�0 4,N_________,..--"N
\
30' UTILITY EASEMENT NA'4\ N
^7 PER OR. 925, PG. 230 O,Q\ \
in a1 EASTERLY RIGHT-OF-WAY LINE " ' 9?S N N
PER O.R. 474, PG. 999 \',o\
N \C\
M N
0 WAREHOUSE PARCEl \3S\
04 N90'00'00"E i 512.42' \ > •-•-.. .c,
a c.o m o 'b S90'00'00"W } 506.97' N N 6'F''1'T N
I >�'I 4.00' J S�',y��o�• v
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_
WEST OF WLY LINE OF S
8 30' UTIUTY EASEMENT VSs ,
g PER OR. 925, PG. 230 A N
y 4.00'
LINE TABLE L1
LINE LENGTH BEARING
L1 5.28' S00'57'45"E
L2 63.89' S90'00'00"W
L3 4.00' N00'00'00"E
L4 59.89' N90'00'00"E
ISs
THIS IS NOT A SURVEY: Rev 5-9-18
R/W DENOTES RIGHT-OF-WAY
.♦;•�, ,%, P.B. DENOTES PLAT BOOK
O.R, DENOTES OFFICIAL RECORDS BOOK
♦,I ,,� PG. DENOTES PAGE
ALLEN
a
COMPANY JOB NO. 24302 CALCULATED BY: JLR
='C'e55O CI;. ii '%iCC:ze•i DATE: 5-7-2018 DRAWN BY: PJR
SCALE: 1" 200 FEET CHECKED BY: MR
16 East Plant Street N/A
YrIq Wert FIcri 7 34757 t r 40])1r 5355 FIELD BY:
w
CLOSING AFFIDAVIT
BEFORE ME, the undersigned authority, duly authorized to take acknowledgments and administer
oaths,personally appeared John Kingman Keating, Tony H. Roper and Charles F.Roper(collectively the
"Affiants"), who depose and say under penalties of perjury that:
1.Personal Knowledge.Affiants have personal knowledge of the matters stated in this Closing Affidavit
(the "Affidavit"), all of which are true and correct as of the 22`a day of May, 2018.
2. Official Capacity.
(a)John Kingman Keating is the Trustee of the Hancock Road Land Trust("Keating"); and
(b)Tony H. Roper is the Successor Trustee under the Elizabeth Trotter Roper Declaration of
Trust dated January 24, 2005 ("Roper"); and
(c) Charles F. Roper is the Successor Trustee of the First Amended and Restated Bert E.
Roper Trust Agreement dated November 11,2010,as the General Partner of the Bert E.Roper
and Barbara C. Roper Family Limited Liability Limited Partnership, a Florida limited
partnership (the "Partnership") (Keating, Roper, both individually and as Trustees, and the
Partnership are hereinafter collectively referred to as the "Seller).
3. Property. Seller is the owner of certain real property (the "Property") described as:
See Exhibit "A" attached hereto and by this reference made a part hereof.
4. No Lien. There have been no improvements, alterations or repairs to the Property during the last
ninety (90) days, for which the cost thereof remains unpaid.
5. Possession. Seller is in full, exclusive, open, peaceful and undisputed possession of the Property,
and there are no tenants, guests, licensees or other parties in or on any part of the Property.
6. Personal Property. The personal property contained in the improvements on the Property or on the
premises, if any, is being sold free and clear of all liens, encumbrances, claims and demands whatsoever.
7. Gap. There are no matters pending against Seller that would give rise to a lien which would attach
to the Property between the Effective Date of Old Republic National Title Insurance Company (the "Title
Insurer")Title Insurance Commitment under File Number 476934(the"Title Commitment")and the recording
of the interest to be insured on the Owner's/Loan Policy to be issued pursuant to the Title Commitment. Except
as expressly stated in the Title Commitment, Seller has not and will not execute any instruments that would
adversely affect the interest to be insured and Seller has not taken any action preceding the Effective Date of
the Commitment which would result in any lien attaching to the Property prior to the date of the recording of
the instrument to be insured.
8. Survey. The survey of the Property dated October 18,2017 and prepared by Allen&Company(the
"Survey")constitutes an accurate depiction of the Property and reveals all improvements and structures located
thereon. Seller has been in continuous and exclusive possession of the Property since the date of the Survey(the
"Survey Date") and no structures or improvements, including, but not limited to buildings, roads or fences,
have been constructed on the Property since the Survey Date,nor have there been any alterations to the existing
structures and improvements since the Survey Date which would make the Survey inaccurate. To the best of
Affiant's knowledge, since the Survey Date, no structures or improvements, including, but not limited to,
buildings, roads or fences have been placed, erected or constructed on adjoining lands which might encroach
onto the Property. Affiant has no knowledge of any claim made by anyone to the ownership or use of the
Property whether with or without permission of Seller, nor has there arisen any dispute over the legal right of
access to and from the Property or to the location of any boundary or to any claim that any structures or
improvements actually exist within an easement or upon adjoining land, or that any structure or improvement
owned by an adjoining land owner actually exists within the Property.
9. Unrecorded Easements. There are no unrecorded easements, claims of easements or rights of way
affecting all or any portion of the Property.
10. Partnership's Existence and Authority. The Partnership is active and in good standing, no
proceeding is pending for its dissolution or termination and Charles F. Roper, as Successor Trustee of the First
Amended and Restated Bert E. Roper Trust Agreement dated November 11, 2010, is its duly appointed and
serving General Partner with authority to bind the Partnership. Charles F. Roper, as Successor Trustee of the
First Amended and Restated Bert E. Roper Trust Agreement dated November 11, 2010, gives this Affidavit
on individual knowledge and on behalf of the Partnership.
11. Restrictive Covenants. There are no violations of any restrictive covenants and all payments for
maintenance,special assessments,if any and other charges as required or authorized by the recorded documents
encumbering the Property are current.
12. Pending Actions. There are no violations of municipal or county ordinances affecting the Property
and there are no actions or proceedings now pending in any state or federal court to which the Seller is a party,
including, but not limited to, proceedings in bankruptcy, receivership or insolvency. Seller has received no
notice of any public hearing regarding assessment for improvements or changes in applicable zoning laws
concerning the Property now pending.
13. Encumbrances. There are no judgments,mortgages,encumbrances or liens of any nature affecting
the Property other than those shown on the Title Commitment.
14. Tax Re-Proration. Seller agrees that in the event the current real estate property taxes vary in
amount from the figures used in making the tax proration used in closing the transfer and conveyance of the
Property, a new proration and a correct and proper proration will be made upon demand.
15. Title Insurance. This Affidavit is given for the purpose of clearing any possible question or
objection to the title to the Property and,for the purpose of inducing Keating&Schlitt,P.A.(the"Title Agent")
and Title Insurer to issue title insurance on the Property, with the knowledge that the Title Agent and Title
Insurer are relying upon the statements set forth herein. Affiants, individually and on behalf of Seller, hereby
hold Title Agent and Title Insurer harmless and fully indemnifies same(including but not limited to attorneys'
fees, whether suit be brought or not, and at trial and all appellate levels, and court costs and other litigation
expenses) with respect to the matters set forth herein.
-2-
16. Nature of Oath. Affiants further state that they are familiar with the nature of an oath and with the
penalties as provided by the laws of the United States and the State of Florida for falsely swearing to statements
made in an instrument of this nature. Affiants further certify that they have read, or have heard read, the full
facts of this Affidavit and understand its context.
Under penalties of perjury, we declare that we have read the foregoing Affidavit and that the facts
stated in it are true.
AFFIANT
John Kingman Keat , Ir vidually and as Trustee
of the Hancock Road Land Trust
STATE OF FLORIDA
COUNTY OF ORANGE
I HEREBY CERTIFY, as an officer duly authorized to take acknowledgments and oaths in the State and County
aforesaid, that at the execution of this instrument on the date set forth below,John Kingman Keating executed or acknowledged
his/her/their previous execution of this instrument.I HEREBY FURTHER CERTIFY,that John Kingman Keating is/are the same
person(s)either executing or acknowledging execution of the foregoing instrument because:XI personally know him/her/them
OR 0 I have satisfacto/evide'i- of same based upon a 0 Florida driver's license or 0 Other identification:
WITNESS my hand and official seal in the State and County aforesaid this
�ay of M 2018../
Nota ' lic SignattP
(PLACE NOT Y NAME&SEAL IMMEDIATELY BELOW)
los v°uee SANDRA GREER
* * Commission#GG 123703
0, T- ,g Expires September 8,2021
��`0 F F\.Q1Bonded Thai Budget Notary Services
[BALANCE OF PAGE INTENTIONALLY LEFT BLANK-
ADDITIONAL AFFIANT SIGNATURES AND NOTARY CERTIFICATIONS ON FOLLOWING PAGES]
-3-
[SIGNATURE PAGE TO CLOSING AFFIDAVIT]
AFFIANT
Tony H. Roper, ndi idually as Successor
Trustee under : Elizabeth Trotter Roper
Declaration of Trust dated January 24, 2005
STATE OF FLORIDA
COUNTY OF ORANGE
I HEREBY CERTIFY, as an officer duly authorized to take acknowledgments and oaths in the State and County
aforesaid, that at the execution of this instrument on the date set forth below, Tony H. Roper executed or acknowledged
his/her/their previous execution of this instrument. I HEREBY FURTHER CERTIFY, that Tony H. Roper is/are the same
person(s)either executing or acknowledging execution of the foregoing instrument because:gI personally know him/her/them
OR 0 I have satisfactory evidence of same based upon a 0 Florida driver's license or 0 Other identification:
.WITNESS my hand and official seal in the State and County aforesaid this
174&day of May,2018.
Notary Public Signature •u., Notary Public State of Florida
(PLACE NOTARY NAME&SEAL IMMEDIATELY BELOW) ?� <II Amy Windmiller
y 8` My Commission GG 153068
ojo`,d► Expires 12125/2021
[BALANCE OF PAGE INTENTIONALLY LEFT BLANK-
ADDITIONAL AFFIANT SIGNATURE AND NOTARY CERTIFICATION ON FOLLOWING PAGE]
-4-
[SIGNATURE PAGE TO CLOSING AFFIDAVIT]
AFFIANT
5.`arles F. Roper, as Successor Trustee of the First
Amended and Restated Bert E. Roper Trust
Agreement dated November 11, 2010, as General
Partner of the Bert E. Roper and Barbara C. Roper
Family Limited Liability Limited Partnership, a
Florida limited partnership
STATE OF FLORIDA
COUNTY OF ORANGE
I HEREBY CERTIFY, as an officer duly authorized to take acknowledgments and oaths in the State and County
aforesaid, that at the execution of this instrument on the date set forth below, Charles F. Roper executed or acknowledged
his/her/their previous execution of this instrument. I HEREBY FURTHER CERTIFY, that Charles F. Roper is/are the same
person(s)either executing or acknowledging execution of the foregoin instrument because: ❑ I personally know him/her/them
OR I have satisfactory evidence of same based upon a Florida driver's license or 0 Other identification:
.WITNESS my and and official seal in the State and County aforesaid this
caltt day of May, 2018.
C'`h H r"`r 4%, Notary Public State of Flonda
Notary Public ignature f Amy Windmiller
(PLACE NOTARY NAME&SEAL IMMEDIATELY BELOW) • • f My Commission GG 153068
�p nye Expires 12/2512021
-5-
EXHIBIT "A" -PROPERTY LEGAL DESCRIPTION
A PARCEL OF LAND LYING IN THE NORTHWEST 1/4 OF SECTION 34, TOWNSHIP 22 SOUTH,
RANGE 26 EAST, LAKE COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
COMMENCE AT THE NORTHWEST CORNER OF SAID SECTION 34; THENCE RUN NORTH
90°00'00"EAST ALONG THE NORTH LINE OF SAID NORTHWEST 1/4 A DISTANCE OF 25.00 FEET
TO THE EASTERLY RIGHT OF WAY LINE OF HANCOCK ROAD (COUNTY ROAD 3-1255), AS
DESCRIBED IN OFFICIAL RECORDS BOOK 474, PAGE 999 OF THE PUBLIC RECORDS OF LAKE
COUNTY, FLORIDA; THENCE RUN SOUTH 00°57'47" EAST ALONG SAID EASTERLY RIGHT OF
WAY LINE FOR A DISTANCE OF 676.16 FEET TO THE POINT OF BEGINNING; THENCE
DEPARTING SAID EASTERLY RIGHT OF WAY LINE RUN NORTH 90°00'00" EAST FOR A
DISTANCE OF 526.00 FEET; THENCE RUN NORTH 00°00'00" EAST FOR A DISTANCE OF 285.00
FEET; THENCE RUN NORTH 90°00'00" EAST FOR A DISTANCE OF 512.82 FEET TO THE
WESTERLY LINE OF A 30 FOOT UTILITY EASEMENT AS RECORDED IN OFFICIAL RECORDS
BOOK 925, PAGE 230 OF AFORESAID PUBLIC RECORDS; THENCE RUN SOUTH 50°14'58" EAST
ALONG SAID WESTERLY LINE FOR A DISTANCE OF 780.41 FEET TO THE EAST LINE OF THE
WEST 1660 FEET OF THE AFORESAID NORTHWEST 1/4 OF SECTION 34; THENCE RUN SOUTH
00°57'45" EAST ALONG SAID EAST LINE FOR A DISTANCE OF 58.99 FEET TO THE NORTH LINE
OF THE SOUTH 1575 FEET OF THE WEST 1660 FEET OF AFORESAID NORTHWEST 1/4 OF
SECTION 34;THENCE RUN SOUTH 89°43'18"WEST ALONG SAID NORTH LINE FOR A DISTANCE
OF 1635.12 FEET TO AFORESAID EASTERLY RIGHT OF WAY LINE; THENCE RUN NORTH
00°57'47" WEST ALONG SAID EASTERLY RIGHT OF WAY LINE FOR A DISTANCE OF 281.00 FEET
TO THE POINT OF BEGINNING.
Prepared by and Return to:
JOHN KINGMAN KEATING,ESQUIRE
KEATING&SCHLITT, P.A.
TELEPHONE:407.425.2907♦FACSIMILE:407.425.6345
250 EAST COLONIAL DRIVE,SUITE 300
ORLANDO,FLORIDA 32801
E MAIL:ikkCnkeatlaw.com
RECORDING INFORMATION ABOVE THIS LINE
PARTNERSHIP CERTIFICATE OF APPROVAL AND AUTHORITY
Charles F. Roper, as Successor Trustee of the First Amended and Restated Bert E. Roper Trust
Agreement dated November 11, 2010, as the General Partner of the Bert E. Roper and Barbara C. Roper
Family Limited Liability Limited Partnership,a Florida limited partnership(the"Partnership"),with a principal
office address of 146 West Plant Street, Suite 250, Winter Garden, Florida 34787, does hereby represent,
warrant and certify to City of Clermont, a municipal corporation existing under the laws of the State of Florida
(the"Buyer"), Old Republic National Title Insurance Company(the "Title Company"),and Keating&Schlitt,
P.A. (the "Closing Agent") as follows:
1. Charles F. Roper, as Successor Trustee of the First Amended and Restated Bert E. Roper Trust
Agreement dated November 11, 2010, is as of the date hereof the General Partner of the Bert E. Roper and
Barbara C. Roper Family Limited Liability Limited Partnership, a Florida limited partnership.
2. Attached hereto and made a part hereof as Exhibit"A" is a true and correct copy of the Partnership
Agreement of The Bert E. Roper and Barbara C. Roper Family Limited Partnership dated December 26, 1996,
as amended (the "Partnership Agreement").
3. The Partnership Agreement is in full force and effect and has not been modified or amended in any
manner.
4. The Partnership is organized and validly existing under and by virtue of the laws of the State of
Florida,is properly and validly authorized to do business in Florida and has not been dissolved.The Partnership
has never filed a petition for bankruptcy and is not now, nor has ever been, subject to the jurisdiction of any
bankruptcy court or proceedings as a debtor,either voluntarily or involuntarily.The Partnership has all requisite
powers to carry on its business as now conducted and as proposed to be conducted or carried on.
5. The Partnership is the part-owner of the following described real property situate, lying and being
in Lake County, Florida (the "Property") to-wit:
See Exhibit "B" attached hereto and by this reference made a part hereof.
-1-
6. Charles F. Roper, as Successor Trustee of the First Amended and Restated Bert E. Roper Trust
Agreement dated November 11, 2010, as the General Partner of the Partnership, and on behalf of the
Partnership, has heretofore accepted that certain Contract for Sale and Purchase dated August 1, 2017, as
amended (the "Contract"), between the Partnership, John Kingman Keating, as Trustee of the Hancock Road
Land Trust, Tony H. Roper and the Buyer. Charles F. Roper, as Successor Trustee of the First Amended and
Restated Bert E. Roper Trust Agreement dated November 11,2010, as the General Partner of the Partnership,
at the time of the execution of said Contract, had full power and authority to execute said Contract on behalf
of the Partnership. Further Charles F. Roper, as Successor Trustee of the First Amended and Restated Bert E.
Roper Trust Agreement dated November 11, 2010, as the General Partner of the Partnership, has full power
and authority to make, execute and deliver on behalf of the Partnership any and all deeds, bills of sale,
conveyances,transfers,assignments,closing statements,affidavits,certifications,promissory notes,mortgages,
security agreements, guarantees, contracts, agreements, instruments and other documents necessary or
appropriate (collectively the "Transaction Documents") to close and consummate the sale, conveyance and
acquisition contemplated by the Contract and the fulfillment of all rights and obligations thereunder, all in
accordance with the terms and conditions of the Contract.
7.The execution and delivery of the Transaction Documents by Charles F.Roper,as Successor Trustee
of the First Amended and Restated Bert E. Roper Trust Agreement dated November 11, 2010, as the General
Partner of the Partnership does not, and the performance and observance of the terms of the Transaction
Documents will not, violate any provision of existing law or regulation or any of the provisions of the
Partnership Agreement. Furthermore, the transaction contemplated by the Contract, as evidenced by the
Transaction Documents,is in accordance with and complies with the provisions the Partnership Agreement.The
execution and delivery of the Transaction Documents do not, and the performance and observance of the
Transaction Documents' terms will not, conflict with or result in any breach of the terms of any contract,
indenture or agreement to which the Partnership is a party or by which it is bound.
8. There is no litigation or proceedings presently pending or threatened against or affecting the
Partnership or the Property before any court or any administrative agency, authority or bureau.
This Certificate is made as an inducement to and as a substantial part of the consideration for the
transaction evidenced by the Transaction Documents and this Certificate is made with the full knowledge that
the Buyer, Title Company and Closing Agent are relying upon the truth of the statements made herein to
consummate the transaction evidenced by the Transaction Documents.
[BALANCE OF PAGE INTENTIONALLY LEFT BLANK-
SIGNATURES AND NOTARY CERTIFICATIONS ON FOLLOWING PAGE]
-2-
[SIGNATURE PAGE TO PARTNERSHIP CERTIFICATE OF APPROVAL AND AUTHORITY]
DATED this A f day of May, 2018.
WITNESSES: GRANTOR
BERT E. ROPER AND BARBARA C. ROPER
FAMILY LIMITED LIABILITY LIMITED
PARTNERSHIP, a Florida limited partnership
WIT. S�\ TQ�`f��1�Y,,1URE
Susan Pfe' e --
WITNESS NAME PRINTED
By:
WITNESS SIGNAT RE Charles F. Roper, as Successor Trustee of the
Amy Windmillet First Amended and Restated Bert E. Roper
WITNESS NAME PRINTED
Trust Agreement dated November 11, 2010
•
As its General Partner
STATE OF FLORIDA
COUNTY OF ORANGE
I HEREBY CERTIFY, as an officer duly authorized to take acknowledgments and oaths in the State and County
aforesaid,that at the execution of this instrument on the date set forth below,Charles F. Roper,as Successor Trustee of the First
Amended and Restated Bert E. Roper Trust Agreement dated November 11,2010, as General Partner of the Bert E. Roper and
Barbara C. Roper Family Limited Liability Limited Partnership, a Florida limited partnership, and executed or acknowledged
his/her/their previous execution of this instrument. I HEREBY FURTHER CERTIFY, that Charles F. Roper is/are the same
person( )either executing or acknowledging execution of the foregoin instrument because: 0 I personally know him/her/them
OR I have satisfactory evidence of same based upon a Florida driver's license or 0 Other identification:
.WITNESS my and and official seal in the State and County aforesaid this
(91`'r day of May, 2018. .
J _OralUVB
Notary Publicignature �v%' Notary Public State of Florida
(PLACE NOTARY NAME&SEAL IMMEDIATELY BELOW) Amy Windmiller
My Commission GG 153068
a n' Expires 12/25/2021
- 3 -
4 •
EXHIBIT "A" - PARTNERSHIP AGREEMENT
Omitted for recording purposes.
-4 -
J . M
EXHIBIT "B" -LEGAL DESCRIPTION
A PARCEL OF LAND LYING IN THE NORTHWEST 1/4 OF SECTION 34, TOWNSHIP 22 SOUTH,
RANGE 26 EAST, LAKE COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
COMMENCE AT THE NORTHWEST CORNER OF SAID SECTION 34; THENCE RUN NORTH
90°00'00"EAST ALONG THE NORTH LINE OF SAID NORTHWEST 1/4 A DISTANCE OF 25.00 FEET
TO THE EASTERLY RIGHT OF WAY LINE OF HANCOCK ROAD (COUNTY ROAD 3-1255), AS
DESCRIBED IN OFFICIAL RECORDS BOOK 474, PAGE 999 OF THE PUBLIC RECORDS OF LAKE
COUNTY, FLORIDA; THENCE RUN SOUTH 00°57'47" EAST ALONG SAID EASTERLY RIGHT OF
WAY LINE FOR A DISTANCE OF 676.16 FEET TO THE POINT OF BEGINNING; THENCE
DEPARTING SAID EASTERLY RIGHT OF WAY LINE RUN NORTH 90°00'00" EAST FOR A
DISTANCE OF 526.00 FEET; THENCE RUN NORTH 00°00'00" EAST FOR A DISTANCE OF 285.00
FEET; THENCE RUN NORTH 90°00'00" EAST FOR A DISTANCE OF 512.82 FEET TO THE
WESTERLY LINE OF A 30 FOOT UTILITY EASEMENT AS RECORDED IN OFFICIAL RECORDS
BOOK 925, PAGE 230 OF AFORESAID PUBLIC RECORDS; THENCE RUN SOUTH 50°14'58" EAST
ALONG SAID WESTERLY LINE FOR A DISTANCE OF 780.41 FEET TO THE EAST LINE OF THE
WEST 1660 FEET OF THE AFORESAID NORTHWEST 1/4 OF SECTION 34; THENCE RUN SOUTH
00°57'45" EAST ALONG SAID EAST LINE FOR A DISTANCE OF 58.99 FEET TO THE NORTH LINE
OF THE SOUTH 1575 FEET OF THE WEST 1660 FEET OF AFORESAID NORTHWEST 1/4 OF
SECTION 34;THENCE RUN SOUTH 89°43'18"WEST ALONG SAID NORTH LINE FORA DISTANCE
OF 1635.12 FEET TO AFORESAID EASTERLY RIGHT OF WAY LINE; THENCE RUN NORTH
00°57'47"WEST ALONG SAID EASTERLY RIGHT OF WAY LINE FOR A DISTANCE OF 281.00 FEET
TO THE POINT OF BEGINNING.
- 5 -
Prepared by and Return to:
JOHN KLNGhMAN KEATING,ESQUIRE
KEATING&SCHLITT, P.A.
TELEPHONE:407.425.2907•FACSIMILE:407.425.6345
250 EAST COLONIAL DRIVE,SUITE 300
ORLANDO,FLORIDA 32801
E MAIL:ikk@keatlaw.com
RECORDING INFORMATION ABOVE THIS LINE
CERTIFICATION OF TRUST PURSUANT TO SECTION 736.1017, FLORIDA STATUTES
FOR THE ELIZABETH TROTTER ROPER DECLARATION OF TRUST
DATED JANUARY 24, 2005
Before me,the undersigned authority,personally appeared Tony H. Roper,who being by me first duly
sworn, on oath deposes and says that:
1. Affiant is the current Successor Trustee of the Elizabeth Trotter Roper Declaration of Trust (the
"Trust"). Further,that the Trust exists,has not been revoked, modified or amended in any manner that would
cause the representations contained in this Certification to be incorrect and the settlor(creator)of the Trust was
Elizabeth Trotter Roper.
2. Affiant resides at 3044 Salisbury Cove, Oviedo, Florida 32765,and the Property(as defined below)
is not Affiant's, nor any member of Affiant's immediate family's homestead, nor contiguous thereto.
3. Affiant certifies that this Certification of Trust pertains to the trust property more particularly
described on Exhibit "A" attached hereto (the "Property").
4. Affiant is the Successor Trustee of the Trust and has full power under the Trust via a general power
of sale to sell, convey and to mortgage or encumber real and personal property of the Trust, without any
requirement for consent or direction by any beneficiary.
5. The Trust was revocable. Elizabeth Trotter Roper had the power to revoke the Trust prior to her
death.
6. Affiant is the Successor Trustee of the Trust and either has authority to signor otherwise authenticate
in order to exercise powers of the Trustee.
7. Title to the Property is currently shown in the last deed of record as: "Elizabeth Trotter Roper,
Trustee Under the Elizabeth Trotter Roper Declaration of Trust Dated January 24, 2005".
8. Attached to this Certification as Composite Exhibit"B" are excerpts of the Trust designating Affiant
as Successor Trustee of the Trust and conferring the powers to act in the sale of the Property.
-1-
9. This Certification is made for the purpose of inducing Old Republic National Title Insurance
Company to insure title to the Property.
Affiant further states that Affiant is familiar with the nature of an oath, and with the penalties as
provided by the laws of the State of Florida for falsely swearing to statements made in an instrument of this
nature.
AFFIANT
♦
Tony H. Roper, Ai tvidually as Successor
Trustee under •'%W Elizabeth Trotter Roper
Declaration of Trust dated January 24, 2005
STATE OF FLORIDA
COUNTY OF ORANGE
I HEREBY CERTIFY, as an officer duly authorized to take acknowledgments and oaths in the State and County
aforesaid, that at the execution of this instrument on the date set forth below, Tony H. Roper executed or acknowledged
his/her/their previous execution of this instrument. I HEREBY FURTHER CERTIFY, that Tony H. Roper is/are the same
person(s)either executing or acknowledging execution of the foregoing instrument because:XI personally know him/her/them
OR 0 I have satisfactory evidence of same based upon a 0 Florida driver's license or 0 Other identification:
.WITNESS my hand and official seal in the State and County aforesaid this
1.'riay of May,2018.
�.1Je. Notary Public State of Florida
Notary Public Stg tore , Amy Windmiller
(PLACE NOTARY NAME&SEAL IMMEDIATELY BELOW) My Commission GG 153068
Expires 12/25/2021
rvor
-2-
EXHIBIT "A" -LEGAL DESCRIPTION
A PARCEL OF LAND LYING IN THE NORTHWEST 1/4 OF SECTION 34, TOWNSHIP 22 SOUTH,
RANGE 26 EAST, LAKE COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
COMMENCE AT THE NORTHWEST CORNER OF SAID SECTION 34; THENCE RUN NORTH
90°00'00"EAST ALONG THE NORTH LINE OF SAID NORTHWEST 1/4 A DISTANCE OF 25.00 FEET
TO THE EASTERLY RIGHT OF WAY LINE OF HANCOCK ROAD (COUNTY ROAD 3-1255), AS
DESCRIBED IN OFFICIAL RECORDS BOOK 474, PAGE 999 OF THE PUBLIC RECORDS OF LAKE
COUNTY, FLORIDA; THENCE RUN SOUTH 00°57'47" EAST ALONG SAID EASTERLY RIGHT OF
WAY LINE FOR A DISTANCE OF 676.16 FEET TO THE POINT OF BEGINNING; THENCE
DEPARTING SAID EASTERLY RIGHT OF WAY LINE RUN NORTH 90°00'00" EAST FOR A
DISTANCE OF 526.00 FEET; THENCE RUN NORTH 00°00'00" EAST FOR A DISTANCE OF 285.00
FEET; THENCE RUN NORTH 90°00'00" EAST FOR A DISTANCE OF 512.82 FEET TO THE
WESTERLY LINE OF A 30 FOOT UTILITY EASEMENT AS RECORDED IN OFFICIAL RECORDS
BOOK 925, PAGE 230 OF AFORESAID PUBLIC RECORDS; THENCE RUN SOUTH 50°14'58" EAST
ALONG SAID WESTERLY LINE FOR A DISTANCE OF 780.41 FEET TO THE EAST LINE OF THE
WEST 1660 FEET OF THE AFORESAID NORTHWEST 1/4 OF SECTION 34; THENCE RUN SOUTH
00°57'45" EAST ALONG SAID EAST LINE FOR A DISTANCE OF 58.99 FEET TO THE NORTH LINE
OF THE SOUTH 1575 FEET OF THE WEST 1660 FEET OF AFORESAID NORTHWEST 1/4 OF
SECTION 34;THENCE RUN SOUTH 89°43'18"WEST ALONG SAID NORTH LINE FOR A DISTANCE
OF 1635.12 FEET TO AFORESAID EASTERLY RIGHT OF WAY LINE; THENCE RUN NORTH
00°57'47"WEST ALONG SAID EASTERLY RIGHT OF WAY LINE FOR A DISTANCE OF 281.00 FEET
TO THE POINT OF BEGINNING.
COMPOSITE EXHIBIT "B" -TRUST AGREEMENT EXCERPTS
See attached
Mt
to
U.S. TAX WITHHOLDING CERTIFICATION
Section 1445 of the Internal Revenue Code provides that in the case of any disposition of a United
States real property interest by a foreign person, the transferee of such interest must deduct and withhold a tax
equal to ten percent (10.00%) of the amount realized on such disposition. For U.S. tax purposes (including
Section 1445), the owner of a disregarded entity (which has legal title to a U.S. real property interest under
local law) will be the transferor of the property and not the disregarded entity.
To inform the transferee that deduction and withholding of tax is not required upon the disposition of
a U.S. real property interest by Bert E. Roper and Barbara C. Roper Family Limited Liability Limited
Partnership, a Florida limited partnership, the undersigned hereby certifies the following on behalf of the
foregoing entity:
1.Bert E. Roper and Barbara C. Roper Family Limited Liability Limited Partnership,a Florida limited
partnership is not a foreign corporation, foreign partnership, foreign trust, or a foreign estate (as those terms
are defined in the Internal Revenue Code and Income Tax Regulations).
2. Bert E. Roper and Barbara C. Roper Family Limited Liability Limited Partnership,a Florida limited
partnership is not a disregarded entity as defined in Section 1.1445-2(b)(2)(iii);
3. The U.S. employer identification number of Bert E. Roper and Barbara C. Roper Family Limited
Liability Limited Partnership, a Florida limited partnership is 59-3420295.
4. The office address of Bert E. Roper and Barbara C. Roper Family Limited Liability Limited
Partnership, a Florida limited partnership is 146 W. Plant Street, Suite 250, Winter Garden, Florida 34787.
Bert E. Roper and Barbara C. Roper Family Limited Liability Limited Partnership, a Florida limited
partnership understands that this certification may be disclosed to the Internal Revenue Service by the transferee
and that any false statement made herein could be punished by fine, imprisonment, or both.
Under penalties of perjury we declare that we have examined this certification and to the best of our
knowledge and belief it is true, correct and complete and we further declare that we have authority to sign this
document on behalf of Bert E. Roper and Barbara C. Roper Family Limited Liability Limited Partnership, a
Florida limited partnership.
[BALANCE OF PAGE INTENTIONALLY LEFT BLANK-
SIGNATURES AND NOTARY CERTIFICATIONS ON FOLLOWING PAGE]
f
0
[SIGNATURE PAGE TO U.S.TAX WITHHOLDING CEId'IFICATION]
BERT E. ROPER AND BARBARA C. ROPER
FAMILY LIMITED LIABILITY LIMITED
PARTNERSHIP, a Florida limited partnership
By: /�
Charles F. Roper, as Successor Trustee of the
First Amended and Restated Bert E. Roper
11 Trust Agreement dated November 11, 2010
As its General Partner
STATE OF FLORIDA
11 COUNTY OF ORANGE
I HEREBY CERTIFY, as an officer duly authorized to take acknowledgments and oaths in the State and County
aforesaid,that at the execution of this instrument on the date set forth below,Charles F. Roper,as Successor Trustee of the First
Amended and Restated Bert E. Roper Trust Agreement dated November 11, 2010, as General Partner of the Bert E. Roper and
Barbara C. Roper Family Limited Liability Limited Partnership, a Florida limited partnership, and executed or acknowledged
his/her/their previous execution of this instrument. I HEREBY FURTHER CERTIFY, that Charles F. Roper is/are the same
person(s)either executing or acknowledging execution of the foregoinginstrument because: 0 I personally know him/her/them
OR 15,I have satisfactory evidence of same based upon a Florida driver's license or 0 Other identification:
.WITNESS m and and official seal in the State and County aforesaid this
rq.\St day of May,2018.
UDANck if k9,91/C `tom Notary Public State of Florida
Notary Public ignature _At Amy Windmiller
(PLACE NOTARY NAME&SEAL IMMEDIATELY BELOW) v My Commission GG 153068
ox
4cf►' Expires 12/25/2021
1
U.S. TAX WITHHOLDING CERTIFICATION
Section 1445 of the Internal Revenue Code provides that in the case of any disposition of a United
States real property interest by a foreign person,the transferee of such interest must deduct and withhold a tax
equal to ten percent(10.00%)of the amount realized on such disposition.
To inform the transferee that deduction and withholding of tax is not required upon the disposition of
a U.S. real property interest I,Tony H. Roper, both as an Individual and as Successor Trustee under the
Elizabeth Trotter Roper Declaration of Trust dated January 24, 2005, hereby certifies the following:
1. I am not a non-resident alien for purposes of U.S. income taxation.
2. My U.S. taxpayer identification number (Social Security Number) is 265-27-8816.
3. My home address is 3044 Salisbury Cove, Oviedo, Florida 32765.
I understand that this certification may be disclosed to the Internal Revenue Service by the transferee
and that any false statement made herein could be punished by fine, imprisonment, or both.
Under penalties of perjury I declare that I have examined this certification and to the best of my
knowledge and belief it is true, correct and complete.
4.
Tony H. Roper, ndi idually a as Successor
Trustee
STATE OF FLORIDA
COUNTY OF ORANGE
SWORN TO, AFFIRMED,AND SUBSCRIBED before me this N-4'*Aday of May, 2018, by Tony H. Roper, who
is: personally known to me OR 0 who has produced a 0 Florida driver's license or 0 Other identification:
•
arYlkd I i
Notary Public ignature ie., Notary Public State of Florida
11
(PLACE NOTARY NAME&SEAL IMMEDIATELY BELOW) Amy mmissi ller
8` My Commission GG 153068
ja•a� Expires 1 2/2 512 0 21
U.S. TAX WITHHOLDING CERTIFICATION
Section 1445 of the Internal Revenue Code provides that in the case of any disposition of a United
States real property interest by a foreign person, the transferee of such interest must deduct and withhold a tax
equal to ten percent(10.00%) of the amount realized on such disposition.
To inform the transferee that deduction and withholding of tax is not required upon the disposition of
a U.S. real property interest I, John Kingman Keating, both as an Individual and as Trustee of the
Hancock Road Land Trust, hereby certifies the following:
1. I am not a non-resident alien for purposes of U.S. income taxation.
2. My U.S. taxpayer identification number(Social Security Number) is 26 V 0 1-aro .
3. My home address is 2550 Lake Shore Drive, Orlando, Florida 32803.
I understand that this certification may be disclosed to the Internal Revenue Service by the transferee
and that any false statement made herein could be punished by fine, imprisonment, or both.
Under penalties of perjury I declare that I have examined this certific ion and to the best of my
knowledge and belief it is true, correct and complete.
John Kingman Ke . , ndividually and as Trustee
STATE OF FLORIDA
COUNTY OF ORANGE
SWORN TO, • " I' 1 : P SUBSCRIBED before me this day of May,2018,by John Kingman Keating,
who is: personally own- , O' El who has produced a 0 Florida driver's license or 0 Other identification:
Mr
Notary Public S gnature r
(PLACE NOTARY NAME&SEAL IMMEDIATELY BELOW) i°`Or• �yori, SANDRA GREER
,46* Commission#GG 123703
,7 Expires September 8,2021
eo F�pP Bonded T niBudgetNotarySento
:III
OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY
AMERICAN LAND TITLE ASSOCIATION
COMMITMENT
Schedule A
Transaction Identification Data for reference only:
Commitment Number: Revision Number: Issuing Office File Number: Issuing Office:
476934 A2 None KE00546(HANCOCK ROAD) 1462201
Property Address: Loan ID Number: ALTA Universal ID: Issuing Agent:
OR 3915-2121, 12838 Hancock
Road None Keating& Schlitt,P.A.
Clermont, FL 34711 / 1 /
1. Commitment Date: Mly 7,2018 at ftuu-PM/6
« vK.ee,�..
1h�W� sk
2. Policy to be Issued: Proposed Policy Amount:
OWNER'S: ALTA Owner's Policy(06/17/06).(With Florida Modifications) $1,678,080.00
esed-lnsured:The City of Clermont,a municipal corporation existing under the laws of the State of Florida
MORTGAGEE:
Proposed Insured:
MORTGAGEE:
Proposed Insured: •
3. The estate or interest in the Land described or referred to in this Commitment is FEE SIMPLE(Identify estate covered,i.e.,
fee, leasehold,etc.)
4. Title to the estate or interest in the Land is at the Commitment Date vested in:
Bert E. Roper and Barbara C. Roper Family Limited Liability Partnership, a Florida limited partnership; John
Kingman Keating, as Trustee of the Hancock Road Land Trust; Tony H. Roper; Tony H. Roper,Successor Trustee
under the Elizabeth Trotter Roper Declaration of Trust dated January 24,2005;
5. The Land is described as follows:
See Exhibit A
Old Republic Nations Title Insurance Company
400 Second Avenue South,Mi po Minnesota 55401,(61 )371-1111
1 .-/
AUTHO ED SIGNATORY
Keating&Schlitz, P.A.
1462201
This page is only a part of a 2016 ALTA Commitment for Title Insurance. This Commitment is not valid without the Notice;the Commitment to Issue Policy;the
Commitment Conditions;Schedule A:Schedule 13.Part I-Requirements;and Schedule B.Part II-Exceptions.
FORM CF6R SCI-1.A(8/1/16XWith Florida Modifications) Page I of 7 Commitment Number.476934
OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY
AMERICAN LAND TITLE ASSOCIATION
COMMITMENT
Schedule B-I
Issuing Office File Number:KE00546(HANCOCK ROAD)
Requirements
All of the following Requirements must be met:
- . ••• -• • •• • • • •.i • - •. _ -• • • .1 " • .i • •.t"• • • •• i 1. 1 - 0..t.. - • •• i
will obtain art interest in the Land or who will make a loan on the Land. The Company may then make additi••.1
Requirements or Exceptions.
2. Pay the agreed amount for the estate or interest to be insured.
3. Pay the premiums, fees,and charges for the Policy to the Company.
4. Documents satisfactory to the Company that convey the Title or create the Mortgage to be insu i,or both,must be properly
authorized,executed,delivered,and recorded in the Public Records.
A. Warranty Deed from Bert E. Roper and Barbara C. Roper Family Limit• iability Partnership, a Florida limited
partnership to the proposed insured purchaser(s).
B. Warranty Deed from John Kingman Keating,individually,joined • spouse, if married,or nonhomestead language,
as Trustee of the Hancock Road Land Trust,to the proposed pu aser(s).
C. Warranty Deed from Tony H. Roper, individually, and .• uccessor Trustee under the Elizabeth Trotter Roper
Declaration of Trust dated January 24, 2005, joined spouse, if married, or nonhomestead language, to the
proposed purchaser(s).
5. A search commencing with the effective date of this ••mmitment must be performed at or shortly prior to the closing of this
transaction. If this search reveals a title defect o ether objectionable matters, an endorsement will be issued requiring that
this defect or objection be cleared on or befor= losing.
6. If any general partner(s)is a legal or c• mercial entity,require a good standing certificate from the date of purchase through
to the present time.
7. Satisfactory evidence must '.• furnished establishing that Bert E. Roper and Barbara C. Roper Family Limited Liability
Limited Partnership is • mited partnership in good standing under the laws of Florida from date of purchase through the
present.
8. Satisfactory e •ence, in the form of an affidavit, must be furnished to establish that the general partner who executed
Warranty P'ed on behalf of Bert E. Roper& Barbara C. Roper Family Limited Partnership is not a debtor in a bankruptcy
procee• ng.
9. •n affidavit from one or more general partners should be recorded stating: (1)that the general partner executing the deed or
mortgage is authorized under the partnership agreement or has obtained the consent of all the general partners to convey or
mortgage the limited partnership's or LLLP's real property; (2) that the limited partnership has not been dissolved; and (3)
4 I. • •••• '• •.•••.a •. I • • . . -"-• - t .. . .. . . .• - .. • .• '• .
This page is only a part of a 2016 ALTA Commitment for Title Insurance. This Commitment is not valid without the Notice;the Commitment to Issue Policy;the
Commitment Conditions;Schedule A;Schedule B,Part I—Requirements;and Schedule B,Part II—Exceptions.
FORM CF6R SCH.B-I(8/1/16)(With Florida Modifications) Page 2 of 7 Commitment Number:476934
OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY
AMERICAN LAND TITLE ASSOCIATION
COMMITMENT
Schedule B-I
Issuing Office File Number:KE00546(HANCOCK ROAD)
not been recorded.
11. Satisfactory evidence must be furnished establishing that the sale of the subject property does not constitute • ale, lease,
exchange or other disposition of all or substantially all of the assets of Bert E. Roper& Barbara C. Roper •: ily Limited
Partnership, a Florida limited partnership's property other than in the usual and regular course of the limit,i partnership's or
LLLP's activities. If it does, then the transaction must be approved by all of the general partners and least a majority of
limited partners as provided in Sec. 620.1406(1)(i), F.S., and Sec, 620.1406(5), F.S. If other an a Florida limited
partnership or LLLP,satisfactory evidence also must be provided showing compliance with the 1. •s of the state or country of
origin.
12. Review of the complete trust agreement of the Elizabeth Trotter Roper Declaration of rust dated January 24, 2005 and all
amendments thereto to determine that the proposed transaction is authorized •er the terms of the trust. Said trust
agreement, and amendments, shall be attached to an affidavit confirming that i • a full and complete copy of the trust and
amendments, and recorded or kept in Title Agent's file. Further requiremen may be necessary upon review of the trust. If
the full trust agreement and amendments,if any,are recorded as an exhi.• to an affidavit from the trustee or attorney for the
trust,the affidavit shall confirm that such trust agreement is currentl n full force and effect. If the full trust agreement and
amendments, if any,are not recorded,then record affidavit from • tee or attorney for the trust stating at least the following:
(1)name of the trustee(s)or successor trustee(s)(2)legal descr • ion of the trust property(3)an affirmative statement that the
trustee(s) or successor trustee(s) has the full power and •uthority to do the required act, (4) that nothing in the trust
documents prohibits or restricts the trustee(s) or succes•sr trustee(s) from doing the required act, and (5) that the trust has
been in full force and effect during the period of ow - hip of the real property to be insured.As to(1)above,attach excerpts
of the pertinent pages from the trust documents s•.wing the appointment and identity of the trustee(s)or successor trustee(s)
as exhibits; and if the successor trustee(s) ac :, that the successor trustee(s) is appointed due to circumstances described in
attached excerpts of the trust and further e .enced by the supporting documents attached as exhibits.As to(3)above,attach
the pertinent pages of the trust describ••: such authority as exhibits.
13. INTENTIONALLY DELETED
14. The Company has no liabi • under this commitment for the issuance of a mortgagee policy until an endorsement is issued
stating the name of Op proposed insured mortgagee. The Company reserves the right to make additional requirements,
including but not li • ed to,review of additional documentation regarding the proposed insured purchaser.
15. ADDED: FO t FORMATIONAL PURPOSES ONLY,if the Title Agent has a direct or indirect interest in the transaction,
written au •orization to issue a commitment/policy should be obtained from The Fund's Legal Department (800-432-9594,
ext. 75! ) in accordance with the Agreement for Appointment of Policy Issuing Agent for Old Republic National Title
Ins • ce Company.
1• ADDED: Recording of affidavit from the attorney for the trust or other knowledgeable person linking the trust named as
This page is only a part of a 2016 ALTA Commitment for Title Insurance. This Commitment is not valid without the Notice;the Commitment to Issue Policy;the
Commitment Conditions;Schedule A;Schedule B,Part I—Requirements;and Schedule B,Part II—Exceptions.
FORM CF6R SCH.B-I(8/I/16)(With Florida Modifications) Page 3 of 7 Commitment Number:476934
OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY
AMERICAN LAND TITLE ASSOCIATION
COMMITMENT
Schedule B-I
Issuing Office File Number:KE00546(HANCOCK ROAD)
. .- ;: •.. - • • . .r •I •, ' • •. • 1 - r Sees or successor Se' s in " ••°.".••• •.
-ecorded in O.R.Book 5029,Page 1786,Public Records of Lake County,Florida.
-/
17. ADDED: Proof of death must be recorded and th- : .:4 •ement must be examined for compliance regarding proper
'esignation or determination of.1 : • •,w ichever is applicable. Affidavit or Certificate of Trust must be placed of record
/3, 0ttachin_ . •• : • gnation or incapacity and supporting documents evidencing appointment of successor trustee(s), as to
'r.r-. • • .. .. . . ... .. .. .. ... . ."1. -
This page is only a part of a 2016 ALTA Commitment for Title Insurance. This Commitment is not valid without the Notice;the Commitment to Issue Policy;the
Commitment Conditions;Schedule A;Schedule B,Part I—Requirements;and Schedule B,Part 11—Exceptions.
FORM CF6R SCH.B-I(8/1/16XWith Florida Modifications) Page 4 of 7 Commitment Number:476934
1
OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY
AMERICAN LAND TITLE ASSOCIATION
COMMITMENT
Schedule B-II
Issuing Office File Number:KE00546(HANCOCK ROAD)
Exceptions
THIS COMMITMENT DOES NOT REPUBLISH ANY COVENANT, CONDITION, RESTRICTION, OR
LIMITATION CONTAINED IN ANY DOCUMENT REFERRED TO IN THIS COMMITMENT TO THE
EXTENT THAT THE SPECIFIC COVENANT, CONDITION, RESTRICTION, OR LIMITATION VIOLATES
STATE OR FEDERAL LAW BASED ON RACE, COLOR, RELIGION, SEX, SEXUAL ORIENTATION,
GENDER IDENTITY,HANDICAP,FAMILIAL STATUS,OR NATIONAL ORIGIN.
The Policy will not insure against loss or damage resulting from the terms and provisions of any lease or easement
identified in Schedule A, and will include the following Exceptions unless cleared to the satisfaction of the
Company:
' ::•:: :-.' : :::.-'•": :.•.. ••-'::. t •1 ....;••••'.....1.• • ... :•::•:,: ••• ',a',' ••.'•: • . '-*.•-"!... •••••••• -.•• :.. :.
4
2. a.General or special taxes and assessments required to be paid in the year and subsequent sequentyears.
` • • I,. • '• , • I I-. .. .•. - - . . .. . .
• •. ♦. , /I _ II • _•I, - •1 1 / 1 • I . :I I I •I 1 P4, 0 1 I /AI • •I I I / 14.
4. Any lien provided by County Ordinance or by Chapter 159,F.S.,in favor of any city,town,village or port authority,
for unpaid service charges for services by any water systems, sewer systems or gas systems serving the land
described herein;and any lien for waste fees in favor of any county or municipality.
5. All matters contained on the Plat of Lake Highlands Company, as recorded in Plat Book 3, Page(s) 24, Public
Records of Lake County,Florida.
6. Easement in favor of Florida Power Corporation contained in instrument recorded November 3, 1970, under O.R.
Book 417,Page 5 and rerecorded in O.R.Book 925,Page 230,Public Records of Lake County,Florida.
7. Distribution Easement in favor of Florida Power Corporation contained in instrument recorded March 6, 1995,under
O.R.Book 1349,Page 1062,Public Records of Lake County,Florida.
This page is only a part of a 2016 ALTA Commitment for Title Insurance. This Commitment is not valid without the Notice;the Commitment to Issue
Policy;the Commiunent Conditions;Schedule A;Schedule B,Part I—Requirements;and Schedule B,Part II—Exceptions.
FORM CF6R SCH.B-11(8/l/16)(With Florida Modifications) Page 5 of 7 Commitment Number:476934
OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY
AMERICAN LAND TITLE ASSOCIATION
COMMITMENT
Schedule B-11
Issuing Office File Number:KE00546(HANCOCK ROAD)
8. Easement in favor of Florida Power Corporation recorded in O.R. Book 320 Page 610, Public Records of Lake
County,Florida.
9. Utilities Easement Declaration recorded in O.R.Book 3743,Page 1483,Public Records of Lake County,Florida.
10. Closing Agreement recorded in O.R.Book 3743,Page 1501,Public Records of Lake County,Florida.
11. City of Clermont,Ordinance No.2017-37 recorded in O.R. Book 5084,Page 2140,Public Records of Lake County,
Florida.
12. Ordinance#2009-10 recorded in O.R.Book 3767,Page 408,Public Records of Lake County,Florida.
• `1 -. . .0 .- t .- 1.11 • • •t t ., . I. .ung n' 1 - • 1- .... c•.tion3
(TO the 000t tlry. -
14. Rights of the iessr>es.rrn4Pr iinre.carrierzjierres
15. Those following items as shown on that certain Boundary and Topographic Survey prepared by Allen & Company
dated October 18,2017 under Job Number 24302:
\ (a)The four(4)foot wire fence at the southeast corner of the Property.
(b)The overhead utility lines,telephone risers,guy wires, and related improvements along the western boundary of
the Property.
This page is only a part of a 2016 ALTA Commitment for Title Insurance. This Commitment is not valid without the Notice;the Commitment to Issue
Policy;the Commitment Conditions;Schedule A;Schedule B,Part I—Requirements;and Schedule B,Part 11—Exceptions.
FORM CF6R SCH.B-Il(8/1/16)(With Florida Modifications) Page 6 of 7 Commitment Number:476934
OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY
COMMITMENT
Exhibit A
Commitment Number: Issuing Office File Number:
476934 KE00546(HANCOCK ROAD)
PARCEL"D":
A PARCEL OF LAND LYING IN THE NORTHWEST 1/4 OF SECTION 34, TOWNSHIP 22
SOUTH, RANGE 26 EAST, LAKE COUNTY, FLORIDA, BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
COMMENCE AT THE NORTHWEST CORNER OF SAID SECTION 34; 'THENCE RUN
NORTH 90°00'00" EAST ALONG THE NORTH LINE OF SAID NORTHWEST 1/4 A
DISTANCE OF 25.00 FEET TO THE EASTERLY RIGHT OF WAY LINE OF HANCOCK
ROAD (COUNTY ROAD 3-1255). AS DESCRIBED IN OFFICIAL RECORDS BOOK 474.
PAGE 999 OF THE PUBLIC RECORDS OF LAKE COUNTY, FLORIDA; THENCE RUN
SOUTH 00°57'47" EAST ALONG SAID EASTERLY RIGHT OF WAY LINE FOR A
DISTANCE OF 676.16 FEET TO THE POINT OF BEGINNING; THENCE DEPARTING SAID
EASTERLY RIGHT OF WAY LINE RUN NORTH 90°00'00" EAST FOR A DISTANCE OF
526.00 FEET; THENCE RUN NORTH 00°00'00" EAST FOR A DISTANCE OF 285.00 FEET;
THENCE RUN NOR'TH 90°00'00" EAST FOR A DISTANCE Of 512.82 FEET TO THE
WESTERLY LINE OF A 30 FOOT UTILITY EASEMENT AS RECORDED IN OFFICIAL
RECORDS BOOK 925, PAGE 230 OF AFORESAID PUBLIC RECORDS; THENCE RUN
SOUTH 50°14'58" EAST ALONG SAID WESTERLY LINE FOR A DISTANCE OF 780.41
FEET TO THE EAST LINE OF THE WEST 1660 FEET OF THE AFORESAID NORTHWEST
1/4 OF SECTION 34; THENCE RUN SOUTH 00°S7'45" EAST ALONG SAID EAST LINE FOR
A DISTANCE OF 58.99 FEET TO THE NORTH LINE Of' THE SOUTH 1575 FEET OF THE
WEST 1660 FEET OF AFORESAID NORTHWEST 1/4 OF SECTION 34; THENCE RUN
SOUTH 89°43'18" WEST ALONG SAID NORTH LINE FOR A DISTANCE OF 1635.12 FEET
TO AFORESAID EASTERLY RIGHT OF WAY LINE; THENCE RUN NORTH 00°57'47"
WEST ALONG SAID EASTERLY RIGHT OF WAY LINE FOR A DISTANCE Of 281.00 FEET
TO THE POINT OF BEGINNING.
This page is only a part of a 2016 ALTA Commitment for Title Insurance. This Commitment is not valid without the Notice;the Commitment to Issue
Policy;the Commitment Conditions;Schedule A;Schedule B,Part I—Requirements;and Schedule B,Part II—Exceptions.
FORM CF6R EXHIBIT A(8/I/I6XWith Florida Modifications) Page 7 of 7 Commitment Number:476934
