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
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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
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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.'1IΠt)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
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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.
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Initials
Date -1LL ~ I C{2s'
. F:\USERS\SALL Y\DOCSIMSWlDEEDS\FOSGATE.DOC
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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
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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
ξ] 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
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