The URL can be used to link to this page

Home My WebLink AboutMcGaba Special Warranty Deed - 2003 10 10 .:i .... , ,> ,r t. ~ ~ ~ ~ J ~ - n_______I._ This instrument was prepared by and should be returned to: MARYAtfE MORSE, CLERK OF CIRCUIT alJRT SEMINOLE C€lM'Y BK 05105 PGS 0849-0852 CLERK'S * 2003207119 RECORDED 11/19/2003 04104112 PM DEED DOC TAX 0. 70 RECORDINB FEES 19.50 RECORDED BY l Woodle, Gregory D. Lee, Esquire Lowndes, Drosdick, Doster, Kantor & Reed, P.A. 215 North Eola Drive Orlando, Florida 32801 (407) 843-4600 SPECIAL WARRANTY DEED THIS SPECIAL WARRANTY DEED, made and executed as of the ~ day of October, 2003, by MCGABA, LLC, a Florida limited liability company, whose address is 4986 Courtland Loop, Winter Springs, Florida 32708 (hereinafter referred to as the "Grantor"), to THE CITY OF WINTER SPRINGS, a Florida municipal corporation, whose address is 1126 East S.R. 434, Winter Springs, Florida 32708 (hereinafter referred to as the "Grantee"); WITNESSETH: THAT the Grantor, for and in consideration of the sum ofTEN DOLLARS ($10.00) and other valuable considerations, the receipt and sufficiency of which are hereby acknowledged by these presents does grant, bargain, sell, alien, remise, release, convey, and confirm unto the Grantee that certain piece, parcel or tract of land situated in Seminole County, Florida more particularly described as follows, to wit: SEE EXHIBIT "A" AITACHED HERETO AND INCORPORATED HEREIN BY REFERENCE. (hereinafter referred to as the "Subject Property"); The Subject Property to be used for public conservation purposes and to allow a permanent n~tural tree buffer between the shopping center proposed by Grantor and the adjacent Stone Gable Subdivision. The Grantor hereby reserves and excepts from the conveyance of the Subject Property, and by its acceptance of this Deed the Grantee hereby grants and conveys to the Grantor, a perpetual, non-exclusive easement in favor of the Grantor (and its agents, employees and contractors), to construct, install, repair, maintain, and replace landscaping improvements, a wall, and other improvements over, under, upon and across the Subject Property and every part thereof that are required by and are consistent and in compliance with Grantor's obligations and commitments under the terms of that certain Binding Development Agreement by and between Grantor and Grantee, recorded in the Public Records of Seminole County, Florida under Official Records Book 04839, Page 1896 (the "Easement"). TOGETHER WITH all the tenements, hereditaments, easements and appurtenances, including riparian rights, if any, thereto belonging or in anywise appertaining; TO HAVE AND TO HOLD the Subject Property in fee simple forever. '. . .' _) I . . t ; -t"- AND the Grantor does hereby covenant with and warrant to the Grantee that the Grantor is lawfully seized of the Subject Property in fee simple; that the Grantor has good right and lawful authority to sell and convey the Subject Property; and that the Grantor fully warrants the title to the Subject Property and will defend the same against the lawful claims of all persons claiming by, through or under the Grantor, but against none other. THE conveyance made herein, however, is expressly made SUBJECT TO ad valorem real property taxes and assessments for the year 2003 and thereafter, and easements and restrictions of record, if any, the reference to which shall not operate to reimpose the same. IN WITNESS WHEREOF, the Grantor has caused these presents to be executed in manner and form sufficient to bind it as of the day and year first above written. Signed, sealed and delivered in the presence of: MCGABA, LLC, a Florida limited liability company By: ~i~;-~Y~~ @ RESlO ~(0, Address: 4986 Courtland Loop Winter Springs, Florida 32708 STATE OF FLORIDA COUNTY OF ORA~(,..a The foregoing instrument was acknowledged before me this 1lJnJ day of October, 2003 by 5\..\-IQ~Y t'{\~(V f.glN , as President of MCGABA, LLC, a Florida limited liability company, on behalf of the company.):Ie" he) is D sonally known t or has produced as identification. (NOTARY SEAL) ~l\. GI'8QOIY O. I.M ;..~ j My Commlaalon 00240711 ....., Expir.. November 08, 2001 Typed or Printed Notary Name Notary Public-State of Commission No.: My Commission Expires: 0909349/080034/687472v1 " l.. \- i MAP SHOWING SKETCH OF: BUFFER AR[A ~ASEMENT IN A PART OF OR. ~ITCI1ELLS SURVEY OF' LEVY GRANT WINTER SPRINGS. SEMINOLE COUNTY, ~LORIOA A portion of L.ot B. Block D, JR. M:tchell's Survey of Levy Grant. recorded in F'lat Book " Peg! ~. Of the Public Records of Seminole County, FIQrida. . more pcrtlC'.Jlcry described os follows. Commence at the interseetion o~ the south !'Ight of wo)' line of Stote Read No, 434 and the west line of Stone Gable, according to th e plot. thereof os recorded In Flat Book 54-, Page 14, of the Public Records of Seminole County F'lorldo; thence 507000'49"E olong said wEsl line 253,70' to the Point of Boginnln9; thence S82'S9"S"W, 30.00', thence SOTOO'45"e:, ~ 68.0e', thence S14"04'2S"E, 49.94-'; thence S32'19'44"E, ~5.aO' to a point on soid west line of Stene G~b!e: thence NOi'OO'4S"W olong scld west IiM, 268.06' to the Point of Beginning. Said londs lyl"9 in CIty of WlnterSprln9s. SemInOle County, F"loridQ containing 0,16 acres more 0' iess, NOm '0 8!NtIMC;S lAB ON ASSUMEO N01'OO'+"W Al.ONC 1HE ~ST UNit OF STON&: OAIILE PUT. 2. HOT ABSYlUlC'Ta) FOR E"'lDI~"TS OR R1c;lo1T or; WAYS 0; ~ECORO. $. lHIS :S NOT ,., SUR\'EY ClRiV'ICM1CNI WE DO WiAEBY CERt1Jl'Y ,""AT 'ttlt "TT"~ED 5l<.tTCH OF OESCRIP'IIOtl :5 IN CO~"IANet ""':11 "'Pf'Ue""tt hlNr.tW 'ltCWNICAL STANDAltOS SET FORTH 8'1' FLORIDA AOllol'llSTRATlVE COOE 111 0 '7-' SEE SHEET 2 F'OR MAP BY ~A (U GAAYA au ~ OA~ 1...."-.) ALD IL INC i I , i Fl..O~IDA REGISTltA TiON NO. 369' . PROFESSIONAL lAND SUFiVE'fllolG ! SCALE ,.. = 50 rEET Joe NUMBER MIlO LIoICDlUlllT llftIVC "11! lllO-n 1.!I,,~2t IORAWN 13~ GJS ~ n.c:ft\lA *" O1oe7Le li1.'1~7t11 I REVISIONS F~ NOT vALID W1'1MClUT lME SlOHATUIIt!; ~ ORICIN,6,L RAlsttl SEAL OF A f'I.OAICA UCENS"O SURVE'fCfl ANO "'A""~A SIoo~[T 1 OF :1 EXHIBIT I \\ A " '" - . , ,. .. $0' Wtlt 2.)I.JO' L.llt eo lIoc:11 0 OR. llll\~el:'. Surwy of Levy CrO"t. Plat aoak, 1. PlIge 6. StMi;'lcl. CClIHtty, fIOflcia I \ \ \ SEE SHEEi 1 Fo.~ LEOAt.. Point Of GeQlI1lt10 (/I -~ (11 . Qlg O~ 0'). ~ , ~ it .. tl 1111'I . il /s\ % S ~S '0. Cl. ~ ~ \ \ ALD Il, INC. PRO~SSiON"'L LAND SURVEYING SCALE: 5150 LAICEIlUIIST tlRlVl i1J''I! 1SO-JJ L8 "W 0Rl.ANll0. FI.OIIIOA ~11' DRA WN BY ~ ~.t\t"" REVISIONS NOT VIVO WlntOUT 'Il1( SlON"TUIt! "tolD OIlIGNAl. RAISED SEAl.. OF' A "LOAI!)" Uef;NSEO Sl.ill~ ANO 1tl~,~ER ," '" ~ fEET GJS JOB NUUBER 010871.8 SHEET :2 O. 2