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HomeMy WebLinkAboutDA GOE-Clay Electric Cooperative, Inc. Saratoga Springs WTP Prepared by and return to: Jodi Carroll Clay Electric Cooperative,Inc. P.O.Box 308 Keystone Heights,Florida 32656 New Service to CCUA Saratoga Springs Water Treatment Facility—Feedmill Rd Extension Tax Parcel Number: 26-05s-25e-014455-005-00 RIGHT-OF-WAY EASEMENT Clay Electric Cooperative, Inc. GRANTORS, (whether singular or plural) CLAY COUNTY UTILITY AUTHORITY An Independent Special District and Political Subdivision of the State of Florida, Existing and created under CHAPTER 94-491, Laws of Florida, Special Acts of 1994 whose mailing address is 3176 Old Jennings Road City Middleburg State Florida Zip Code 32043 in Consideration of one dollar and other good and valuable Considerations,the receipt of which is hereby acknowledged,do(es)hereby grant,bargain, sell and convey to Clay Electric Cooperative, Inc.,a Florida Corporation,of P.O.Box 308, Keystone Heights, Florida,32656,hereinafter called the Cooperative', its successors and assigns,a perpetual easement as described feet in width over,under, upon and across the lands and real property situate,lying and being in the County of Clay ,State of Florida,more particularly described as follows: co A non-exclusive easement ten (10)feet in width being five(5)feet on each side of the centerline of an underground electrical distribution = system and associated facilities over, under, upon and across a parcel of land lying in Section 26,Township 05 South, Range 25 East, ead Clay County, Florida Said parcel being more particularly described on the attached Exhibit"A" "-' AND Together with use of that certain non-exclusive easement recorded in Official Records Book 4261, Page 1934, Clay County, Florida, for man electric distribution system and all its associated facilities over, under, upon, and across a parcel of land lying in Section 26 Township 05 South, Range 25 East, Clay County, Florida Said parcel being more particularly described on the attached Exhibit"B" together with a perpetual easement over, under, upon and across all streets, roads, alleys, easements and rights-of-way in any plat or subdivision of which the above described property is a part,to the extent of Grantor's interest therein.The right to construct, rebuild,operate,and maintain electric lines and systems on or under the above described lands;the right to inspect,repair,change,alter, improve,remove,and add to such facilities and systems as the Cooperative deems advisable, including, by way of example, and not by way of limitation,the right to alter, modify, increase or decrease the number and size of conduits, wires, voltage, poles, cables, down guys, transformers, transformer enclosures, regulators, and all necessarily related equipment; the right to cut, trim, remove, and control the growth of trees, shrubberies, and other plants in the easement area by all means available, and not prohibited by law,that may, in the judgement of the Cooperative, interfere with,threaten or endanger the operation and maintenance of the Cooperative's facilities and systems;the right to keep the easement clear of all buildings,structures or other obstructions except citrus trees and low-growing shrubbery that do not otherwise in the judgement of the Cooperative interfere with Cooperative's use of the easement and right-of-way;the right to license, permit, or otherwise agree to the joint use or occupancy of the easement, facilities or system whether over land or under ground by other utilities, persons, associations, or corporations, and the right to enter upon, cross, and use other lands of the Grantors to provide reasonable access to the easement granted herein. Grantor agrees that all equipment, poles, wire, facilities, and other tangible personal property, together with any other improvements to the easement and right-of-way installed by or on behalf of the Cooperative,shall remain the sole and exclusive property of the Cooperative, and shall not be subject to any interest or claim of Grantor. Grantor covenants with Grantee that he is lawfully seized of the land in fee simple,that he has good, right and lawful authority to grant, bargain, sell, and convey the land and the interest herein conveyed. Grantor reserves the right to use the underlying fee for farming, citrus grove, or pasture purposes, provided that such use shall not include the construction, placement or location of any structures in the easement area, nor any use that would, in the judgement of the Cooperative, interfere with the Cooperative's use and enjoyment of the easement. Grantor agrees that this right-of-way easement is perpetual and shall run with the land, and that any abandonment or interruption of the use of 'the easement and right-of-way shall not terminate or impair the interests hereby conveyed to the Cooperative. IN WITNESS WHEREOF,the Grantors have hereunto affixed their hands and seals this day of , 2022 SIGNED,SEALED AND DELIVERED IN THE PRESENCE OF: Clay County Utility Authority First, Witness Signature: By: (seal) Also, Type/Print Name Type/Print Name: and Title: Jeremy D.Johnson, PE as Executive Director Second, Witness Signature: Attest: (seal) Also, Type/Print Name Type/Print Name: and Title: STATE OF Florida COUNTY OF Clay The foregoing instrument was acknowledged before me this day of ,2022 By Jeremy D. Johnson PE as Executive Director of Clay County Utility Authority (Name of officer, partner or agent, and title, one or more) (Name of corporation or partnership acknowledging) An Independent special district , on behalf of the corporation. He/she is personally known to me or produced as identification. (Type of identification) (Signature): Notary Public Also, Type/Print Name: (Notary Seal) Commission Expires: Commission No. CCUA Saratoga Springs WTP.jc EXHIBIT "A" A PARCEL OF LAND LYING IN SECTION 26,TOWNSHIP 5 SOUTH,RANGE 25 EAST,CLAY COUNTY, FLORIDA BEING A PORTION OF THOSE LANDS DESCRIBED IN OFFICIAL RECORD BOOK 1863, PAGE 1745 OF THE PUBLIC RECORDS OF SAID COUNTY AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT A 5.5" X 5.5" CONCRETE MONUMENT (STAMPED: NW CORNER SECTION 36)AT THE SOUTHEAST CORNER OF SAID SECTION 26; THENCE ALONG THE SOUTHERLY BOUNDARY LINE OF SAID SECTION 26 AND ALONG THE SOUTHERLY BOUNDARY LINE OF SAID LANDS DESCRIBED IN OFFICIAL RECORD BOOK 1863,PAGE 1745, SOUTH 89°49'48" WEST, A DISTANCE OF 1288.55 FEET TO A 1/2" IRON PIPE (NO IDENTIFICATION) AT THE SOUTHWEST CORNER OF SAID LANDS; THENCE DEPARTING SAID SOUTHERLY BOUNDARY LINE,NORTH 02°12'16"EAST,ALONG THE WESTERLY BOUNDARY LINE OF SAID LANDS,A DISTANCE OF 1837.34 FEET TO A 1/2" IRON PIPE (NO IDENTIFICATION); THENCE NORTH 13°33'51 EAST, CONTINUING ALONG SAID WESTERLY BOUNDARY LINE,A DISTANCE OF 729.83 FEET TO A 1/2"IRON PIPE (NO IDENTIFICATION) SAID IRON PIPE BEING THE POINT OF BEGINNING OF THE HEREIN DESCRIBED LANDS; THENCE NORTH 48°02'09" EAST, CONTINUING ALONG SAID WESTERLY BOUNDARY LINE, A DISTANCE OF 388.19 FEET TO A 1/2" IRON PIPE (NO IDENTIFICATION);THENCE NORTH 23°24'33" EAST, CONTINUING ALONG SAID WESTERLY BOUNDARY LINE, A DISTANCE OF 361.54 FEET TO A SET 5/8" REBAR AND CAP (STAMPED: LB 5075); THENCE DEPARTING SAID WESTERLY BOUNDARY LINE, SOUTH 80°46'13" EAST, A DISTANCE OF 265.18 FEET TO A SET 4"X4" CONCRETE MONUMENT (STAMPED: LB 5075); THENCE SOUTH 16°46'17 WEST, A DISTANCE OF 330.83 FEET TO A SET 5/8" REBAR AND CAP (STAMPED: LB 5075); THENCE SOUTH 09°09'17" WEST, A DISTANCE OF 276.99 FEET TO A SET 4"X4"CONCRETE MONUMENT (STAMPED: LB 5075); THENCE NORTH 85°43'46"WEST,A DISTANCE OF 556.04 FEET TO THE POINT OF BEGINNING. EXHIBIT "B" As Referenced in Official Records Book 4261 , PG 1934 Clay County,FL A PORTION OF SECTIONS 23 AND 26. TOWNSHIP 5 SOUTH, RANGE 25 EAST, CLAY COUNTY, FLORIDA. BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE INTERSECTION OF THE SOUTHEASTERLY RIGHT OF WAY LINE OF COUNTY ROAD C-739-8 (AN 80 FOOT RIGHT OF WAY. AS NOW ES'ABUSHED) WITH THE EASTERLY LINE OF THOSE LANDS DESCRIBED AND RECORDED IN OFFICIAL RECORDS BOOK 1863. PAGE 1745 OF THE PUBUC RECORDS OF SAID COUNTY; THENCE SOUTH 17'50'57- EAST. ALONG SAID EASTERLY LINE OF THOSE LANDS DESCRIBED AND RECORDED IN OFFICIAL RECORDS BOOK 1863. PAGE 1745, A DISTANCE OF 30.21 TO THE SOUTHEASTERLY LINE OF A 30 FOOT CLAY COUNTY UTILITY AUTHORITY EASEMENT. DESCRIBED AND RECORDED IN OFT'1CIAL RECORDS BOOK 3788. PAGE 1995 OF SAID PUBLIC RECORDS AND THE PQthj_QFBEGiNN iG; THENCE NORTH 65'22'21- LAST. ALONG LAST SAID LINE, 25.18 FEET; THENCE SOUTH 17'50'57" EAST. 1509.69 FEET TO THE POINT OF CURVATURE OF A CURVE LEADING SOUTHEASTERLY; THENCE SOUTHEASTERLY, ALONG AND AROUND THE ARC OF SAID CURVE. CONCAVE NORTHEASTERLY. HAVING A RADIUS OF 1813.00 FEET. AN ARC DISTANCE OF 1060.42 FEET. SAID ARC BEING SUB'ENDED BY A CHORD BEARING AND DISTANCE OF SOUTH 34'36'19" EAST, 1045.37 FEET. TO THE POINT OF TANGENCY OF SAID CURVE: THENCE SOUTH 51'21'41" EAST. 1975.47 FEET TO THE NORTHWESTERLY LINE OF AFORESAID LANDS DESCRIBED AND RECORDED IN OFFICIAL RECORDS BOOK 1863. PAGE 1745: THENCE SOUTH 36'49'03" WEST. ALONG LAST SAID LINE. 25.01 FEET TO THE EASTERLY UNE OF LAST SAID LANDS; THENCE NORTH 51'21'41" WEST, ALONG LAST SAID LINE, 1976.27 FEET TO THE POINT OF CURVATURE OF A CURVE LEADING NORTHWESTERLY; THENCE NORTHWESTERLY, ALONG AND AROUND THE ARC OF SAID CURVE. CONCAVE NORTHEASTERLY. HAVING A RADIUS OF 1838.00 FEET, AN ARC DISTANCE OF 1075.05 FEET. SAID ARC BEING SUBTENDED BY A CHORD BEARING AND DISTANCE OF NORTH 34'36'19" WEST. 1059.79 FEET, TO THE AFORESAID EASTERLY UNE OF THOSE LANDS DESCRIBED AND RECORDED IN OFFICIAL RECORDS BOOK 1863. PAGE 1745 AND THE POINT OF TANGENCY OF SAID CURVE: THENCE NORTH 17'50'57" WEST. ALONG LAST SAID LINE. 1506.72 FEET TO THE POINT OF BEGINNING, CONTAINING 2.61 ACRES. MORE OR LESS.