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1999-23 Return to: City of cle8- t P.O. Box 12 Clermont, FL 34712-0219 Prepa~ed by: Ellen M. Avery, Esq. i~le~. &o~:~~~e~ve. SuitPmLOPER'S AGREEMENT Orlando, FL 32802-2193 . ":~811 Pages: 522 - 528 Filed & Reco?ded 03/31/99 02:31:15 PN JAIIES C. IlATKIHS ClERK OF CIRCUIT COURT LAKE COUNTY RECORDING $ 29 00 TRUST FUND $ 4:00 TffiS AGREEMENT (the" Agreement") is made and entered into this:<' 3/UQ day of ~rlJtLv'4 , 1999, by and between CITY OF CLERMONT, a municipal ~ P.O. Box 120219, Clermont, FL 34712-0219 corporation duly created under the laws of the State of Florida, acting through its Mayor and City Council, the governing body thereof, hereinafter referred to as the "CITY," and CHESTER C. FOSGATE CO., a Florida corporation, hereinafter referred to as the 908 S. Delaney Avenue, Orlandot FL 32806-1275 Doc. 99026811 "DEVELOPER. " Book 1702 Page 522 WITNESSETH: THAT FOR AND IN CONSIDERATION of the sum of Ten and No/lOO Dollars ($10.00) and other good and valuable consideration of the mutual covenants to be performed and kept by and between the parties hereto, the parties agree as follows: 1. DEVELOPER agrees to convey certain property (the "Right-of-Way Property") to LAKE COUNTY for use as right-of-way and temporary construction easement in conjunction with the construction of improvements to North Hancock Road, which lies within and will be of benefit to the CITY and its residents. Conveyance by DEVELOPER is subject to receipt by DEVELOPER of all permits and other approvals necessary for DEVELOPER to construct the curb cuts, median cuts, intersections, and driveway locations described in Paragraph 2 below from both the County Commission of LAKE COUNTY and the Florida Department of Transportation (FDOT). The Right-of-Way Property is described on Exhibit " A" attached hereto and by reference made a part hereof. The temporary construction easement is described in Exhibit "B" attached hereto and by reference made a part hereof. . . Book 1702 Page 523 2. In consideration for said conveyance by DEVELOPER, the CITY approves the curb cuts, median cuts, intersections, and driveway locations as set forth on the plans by Vanasse Hangen Brustlin, Inc. (VHB) , dated February 16, 1999, as modified and shown on Exhibit "c" prepared by Kelly, Collins & Gentry, Inc., dated February 19, 1999, to provide access to the DEVELOPER'S Property from North Hancock Road and State Road 50, further described as follows: the driveways located at Sta. 26+60 (SR 50), Sta. 33+20 (SR 50), Sta. 109+79 (NHR) and Sta. 109+53 (NHR) are not currently shown in the above referenced VHB plans. Additionally, the VHB plans have not been revised to depict the required driveway widths as identified on Exhibit "C" attached to and incorporated herein by reference. 3. DEVELOPER hereby warrants that it is the owner of the area underlying the Right-of-Way Property, and the conveyance shall be by Special Warranty Deed. IN WITNESS WHEREOF, DEVELOPER has caused this instrument to be executed in its name and the CITY, acting through its Mayor and City Council, has caused this instrument to be executed in its name by the Mayor, its seal hereunto affixed and attested by the City Clerk, on the day and year first above written. CITY OF CLERMONT: BY:~ HàroJd S. Turville, Jr., Mayor 006.128607.1 -2- ,t:. . ~Jf þ" . . . """'1""""'" "" . . ' ,-,.., -'} ~"'.. I /";.I,?-"'" ~" ",;-:"';:""'.', ; "':" 'r'-' .¡IC' '... ;: ,..,," t') '. f')~' - ~ -:' , "' " . ~ ,; - ;; (.:) .; : - /::"'" ., n.I)- I ~ ::':.. Æ'fTE!J'.! ~- I " \ .,'v" (f-t \ ,..' .-'{, -;' " \ ". ;;t ""'.' "',,' ';" (':> ' '. .. . . .' ,t .' .... "" I /.') /I. ~..\- .,..' ". ,,' """; 1111"'" ", ,'.j,. Book 1702 Page 524 APPROVED AS TO FORM AND LEGALITY For use and reliance by the City of Clermont, Florida, only. ¿::::::7 /~ - ~ - City Attorney Leonard S. Baird, Jr. :f~ 23, ,1999. Witnesses: ~ßI~-- C11~ Œ). u¡,( Î I/t:~ Print ame Daryl M. I arter, Vice President Chester C. Fosgate Co., a Florida Corp. JO4. Þ'\ Print Name STATE OF FLORIDA COUNTY OF L.'1IŒ t)I<AtJ6 (! The foregoing instrument was acknowledged before me this L!i!. h day of Çe1f't-(~r4--' 1999, by Daryl M. Carter, vice president of the Chester C. Fosgate Co., who is per!ttmally known to me Of"'he h-ö.pffiilfiut'ed hin r-:""-'r 1:M_M fQ ir;lP11:1tifiIi'AtiAn. WITNESS my hand and official seal this , 1999. I~" i/!~ !~!"" 1""(1/""" It'" (liitlilil Iitl (1/ ~ . ( ..i!!"-,~!'S', Joan M. fisher ~ : ({.('6\.\ Notary Public, State of Florida ) : : \i.ð.'"j Commission No. CC 664082 ~ .: '-...'!!~' My Commission Exp.07l16/2001 ) : ( BoDdecl 'lbIOuah FIa, Nolaly Service &: Bonding Co, ~ .1)')')')')')')')')')')')')')')')')')')')')')')')')')')')')')')')')')')')')')')')')')')')')')')')')'» No blic Print 0 type name: J ~ I') fY\ hS h-t. r My commission expires: 01 Ita a.oDJ 006.128607.1 -3- , ," . . .' North Hancock Rd. (Ext.) #2-1354, County Road 50 Realignment Chester C. Fosgate Company NRD97037; SWD Book 1702 Page 525 EXHIBIT "A" NORTH HANCOCK ROAD: A STRIP OF LAND OF EQUAL WIDTH 100 FEET WIDE, lYING WITHIN 50 FEET EACH SIDE OF THE FOllOWING DESCRIBED CENTERLINE, AND BEING IN SECTIONS 16,21,22,27, AND 28, TOWNSHIP 22 SOUTH, RANGE 26 EAST, LAKE COUNTY, FLORIDA, lYING SOUTH OF COUNTY ROAD 50, DESCRIBED AS FOllOWS: Begin at the Southwest corner of Section 22, Township 22 South, Range 26 East, lake County, Florida; thence N 00 degrees 02'14" W. along the West line of said Section 22, a distance of 1903.13 feet to the point of curvature of a curve concave Southwesterly and having a radius of 1,000.00 feet; thence Northwesterly along the arc of said curve, through a central angle of 72 degrees 32'12", a distance of 1266.00 feet to the point of tangency; thence N 72 degrees 34'26" W, 649.68 feet to the point of curvature of a curve concave Northeasterly and having a radius of 4000.00 feet; thence Northwesterly along the arc of said curve, thru a central angle of 07 degrees 41'34", a distance of 537.06 feet to the point of tangency; thence N 64 degrees 52'52" W, 658.35 feet to the point of curvature of a curve concave Northeasterly and having a radius of 2000.00 feet; thence Northwesterly along the arc of said curve through a central angle of 47 degrees 21'59", a distance of 1653.40 feet to the point of tangency; thence N 17 degrees 30'53" W, 1988.67 feet to the point of curvature of a curve concave Southwesterly and having a radius of 1000.00 feet; thence Northwesterly along the arc of said curve, thru a central angle of 28 degrees 52'10", a distance of 503.87 feet to the point of tangency and the Northerly termination point of said centerline, said point also being on the centerline of County Road 50 (Old Highway 50); Begin again at the point of beginning; run thence South 00 degree 25'28" West, 64.08 feet; thence run South 00 degree 26'09" West 598.33 feet; thence run South 00 degree 28'30" West, 606.71 feet to a point on the centerline of survey of State Road 50, and the termination point of said centerline. lESS AND EXCEPT that portion lying within any existing right-of-way of Old Highway 50; ALSO lESS AND EXCEPT THE FOllOWING: right of way as recorded in O.R Book 137, page 470 ,and O.RB. 137, page 471, property conveyed in O.RB. 1565, page 754 (lSCC), and property conveyed in O.RB. 1291, page 905 (Nesheiwat), all of the Public Records of lake County, Florida. AND ALSO: . . Book 1702 Page 526 COUNTY ROAD 50: A STRIP OF LAND OF EQUAL WIDTH 80 FEET WIDE, LYING WITHIN 40 FEET EACH SIDE OF THE FOllOWING DESCRIBED CENTERLINE, AND BEING IN SECTION 16, TOWNSHIP 22 SOUTH, RANGE 26 EAST, LAKE COUNTY, FLORIDA, DESCRIBED AS FOllOWS: Commence at the Southwest corner of Section 22, Township 22 South, Range 26 East, Lake County, Florida; thence N 00 degrees 02'14" W along the West line of said Section 22, a distance of 1903.13 feet to the point of curvature of a curve concave Southwesterly and having a radius of 1000.00 feet; thence Northwesterly along the arc of said curve, thru a central angle of 72 degrees 32'12", a distance of 1266.00 feet to the point of tangency; thence N 72 degrees 34'26" W, 649.68 feet to the point of curvature of a curve concave Northeasterly and having a radius of 4000.00 feet; thence Northwesterly along the arc of said curve, thru a central angle of 07 degrees 41'34", a distance of 537.06 feet to the point of tangency; thence N 64 degrees 52'52" W, 658.35 feet to the point of curvature of a curve concave Northeasterly and having a radius of 2000.00 feet; thence Northwesterly along the arc of said curve thru a central angle of 47 degrees 21'59", a distance of 1653.40 feet to the point of tangency; thence N 17 degrees 30'5311 W, 1555.41 feet; thence N 72 degrees 29'07" E, 50.00 feet to the point of beginning; from said point of beginning, thence continue N 72 degrees 29'07" E, 182.42 feet to the point of curvature of a curve concave Southerly and having a radius of 1500.00 feet; thence Northeasterly along the arc of said curve, thru a central angle of 14 degrees 46'47", a distance of 386.93 feet to the point of tangency and the Northerly termination point of said centerline, said point also being on the centerline of County Road 50 (Old Highway 50). . LESS AND EXCEPT that portion lying within any existing right-of-way of Old Highway 50. ~ 9 Initials Date -1LL ~ I C{2s' . F:\USERS\SALL Y\DOCSIMSWlDEEDS\FOSGATE.DOC .' . .0 . . . .. North Hancock Rd. #2-1354 Chester C. Fosgate Company NRD97037; TNED Book 1702 Page 527 EXHIBIT "B" THAT PORTION OF THE FOLLOWING DESCRIBED PARCEL: Tract 1, Lake Highlands Company Plat, Section 28, Township 22 South, Range 26 East, Lake County, Florida, as recorded in Plat Book 2, page 28, Public Records of Lake County, Florida, LESS AND EXCEPT that portion conveyed to lake Sumter Community College in a deed recorded in O.R. Book 1565, page 754, Public Records of Lake County, Florida, LYING WITHIN THE FOLLOWING DESCRIBED EASEMENT AREA: Commence at the Northeast corner of Section 28 Township 22 South, Range 26 East, lake County, Florida, and run North 88°54'20" West, 50.00 feet to the West line of the proposed right-of-way of North Hancock Road; said point being the Point of Beginning of this description; thence run along said West line of proposed right-of-way, the following four courses, South 01 °05"40" West, said course being parallel with and 50.00 feet Westerly of and parallel with the East line of said Section 28, 64.08 feet; thence South 01 °06'21" West, 598.31 feet; thence South 88°51'18" East, 5.12 feet to a point that is 45.00 feet West of, when measured at right angles to, the East line of said Section 28; thence South 01 °05'40" West, parallel with and 45.00 feet Westerly of said East line, 474.72 feet to the intersection with the Northerly line of the right-of-way of State Road 50; thence run North 88°53'39" West, along said Northerly line of right-of-way, 55.54 feet; thence run North 06°35'2911 East, 421.44 feet to a point; thence run North 01 °08'42" East, 55.24 feet to a point that is 10.00 feet Westerly of the aforesaid West line of said proposed right-of-way of North Hancock Road; thence North 01 °06'21" East, parallel with and 10.00 feet Westerly . of said West line of proposed right-of-way, 444.80 feet; thence run South 88°53'39" East, 5.00 feet to a point that is 5.00 feet Westerly ot said West line; thence again running parallel with said West line, the following two courses, North 01 °06'21" East, 153.53 feet; thence North 01 °05'4011 East, 64.07 teet; thence run South 88°54'2011 East, 5.00 teet to the Point of Beginning lESS AND EXCEPT right-ot-way of North Hancock Road. Initial: ~ Date: jjJyJ t('X F:\USERSISALL Y\DOCSIMSWlFOSGTTED.DOC .,. > co cu In III at ,. Q, i .:l- e e J%I U g; . '" - - E-t :g H .. I:Q ;;¡; H Cri ::x: C> Þ< ~ ~ .c '" u.. '" '"' D U'J >- « '"' > c: . ::t: ...... "- D ;;: '" U'J ;::;1 ..J >- c: « D ...... D D ~ .'._. .--..- .. ~B .... (J ~~ ..- VI 0'- b~ ..=c .õ.:::J . 60 0.0.... cv ¡:; c: ...J:¡::;cv .5 E """::) 0 Q. f.) :E~o UJ°"O :!: ~.!!! . - .c:: 0.- ;:'.5 ! 1110 I I i i I i II I I \ \ I I I , I I I , I 111 ~\ I \ I I \ I .¡: , , , , ...... Z D :E :E C> U ...... Z ., \ @ DRIVEWAY LOCATIONS STATION WIDTH TYPE SR50 26+60 LEFT 36' RIGHT IN I RIGHT OUT 33+20 LEFT 36' DIRECTIONAL ACCESS N. HANCOCK RC 102+97 RIGHT 18' RIGHT IN 105+53 RIGHT 36' FULL ACCESS 109+79 RIGHT 30' RIGHT IN I RIGHT OUT 109+54 LEFT 30' R.IGHT IN I RIGHT OUT 114+04 RIGHT 36' FULL ACCESS STATIONS REFER TO VHB PLANS DATED FEB. 16, 1999. ~~l Œæ] KELLY, COLUNSIII GENTRY,INC. EN"'NEERINC " P._NINC HANCOCK CENTER LAKE COUNTY. FLORIDA PREPARED FOR: SOLO DEVELOPMENT CORP. DRAWN BY: MJS CHECKED BY: SMC DATE: 2/19/99 ~I; i~ II ~I¡:il i gl; ;' 01; :1 ~ '" :I: ;' " 'I i ~I " I It: , 'I I ~I ; - --: =: =~ ~~~!~_I ~:~~ ~~~~~~ ~-: ~- ~~ ~ ~ ~;; ~~; ~~--~~ ~ ~ ; ~ ~ ~ ~ -- ~-:-X~ ~~: ~ L~ -, ~-::: ::-:-~ ~ ::