Prepared by:
Catherine D. Reischmann, Esq.
111 N. Orange Ave., Ste. 2000
Orlando, FL 32801
Return to:
Virginia Smith, City Clerk
City of Palm Coast
160 Cypress Point Parkway, Ste. B-106
Palm Coast, FL 32164
Tax Id: ______
PARTIAL TERMINATION OF DRAINAGE EASEMENTS
THIS PARTIAL TERMINATION OF DRAINAGE EASEMENTS (hereinafter “Partial Termination”) is made and entered into this ______day of ______, 2014, by and between MPC LOTS, LLC, a Florida limited liability company, whose address is 2379 Beville Road, Daytona Beach, FL 32119, (hereinafter “Owner”), and the CITY OF PALM COAST, a Florida municipal corporation, whose address is 160 Cypress Point Parkway, Suite B-106, Palm Coast, FL 32164 (hereinafter “City”).
W I T N E S S E T H:
WHEREAS, Owner, owns the property more fully described below (hereinafter “Owner’s Property”):
RESERVED PARCEL 17-1 OF PALM COAST, MAP OF ULYSSES TREES, SECTION 57, ACCORDING TO THE MAP OR PLAT THEREOF AS RECORDED IN PLAT BOOK 17, PAGES 12 THROUGH 28 INCLUSIVE, PUBLIC RECORDS OF FLAGLER COUNTY, FLORIDA, LESS AND EXCEPT THAT PORTION REPLATTED AND CONTAINED IN SUBDIVISION PLAT OF SEMINOLE WOODS BUSINESS PARK, RECORDED IN PLAT BOOK 30, PAGE 73, PUBLIC RECORDS OF FLAGLER COUNTY, FLORIDA.
WHEREAS, MPC LOTS, LLC, is the successor in interest to ITT COMMUNITY DEVELOPMENT CORPORATION, and WADSWOTH LAND COMPANY, the Grantor, referenced in that certain Drainage Easement recorded in O.R. Book 549, page 991, Public Records of Flagler County, Florida (hereinafter “Drainage Easement”); and
WHEREAS, the City of Palm Coast is the successor in interest to PALM COAST COMMUNITY SERVICE CORPORATION, the Grantee referenced in the Drainage Easement; and
WHEREAS, the parties have agreed to release the easements identified as Ditches A-J located in Parcel 17-1 as shown on Exhibit A of the Drainage Easement, pages 17 and 18 and to create new drainage easements to be recorded simultaneously with this Partial Termination.
NOW, THEREFORE, in consideration of the foregoing premises set forth herein and the mutual benefit to be delivered therefrom, the receipt and adequacy of which are hereby acknowledged, the parties hereby agree as follows:
1. Recitals. The above referenced recitals are incorporated herein by this reference as true and correct.
2. The parties hereby acknowledge, agree and confirm that drainage easements identified on the attached as Exhibit “A”, are hereby terminated.
IN WITNESS WHEREOF, the parties have hereunto set their hands and seals the day and year first above written.
[signatures to follow]
WITNESSES:______
______
(print)
______
______
(print) / OWNER
MPC LOTS, LLC, a Florida limited liability company,
By:______
Print name:______
Title: ______
STATE OF FLORIDA
COUNTY OF FLAGLER
The foregoing instrument was acknowledged before me this ______day of ______, 2014, by ______the ______of MPC LOTS, LLC, a Florida limited liability company, (check one) □ who is personally known to me or □ who produced ______as identification.
______
Notary Public – State of Florida
Print Name:______
My Commission expires:
WITNESSES:______
______
(print)
______
______
(print) / CITY OF PALM COAST
By:______
Jim Landon, City Manager
ATTEST:
______
Virginia Smith, City Clerk
STATE OF FLORIDA
COUNTY OF FLAGLER
The foregoing instrument was acknowledged before me this ______day of ______, 2014, by Jim Landon, City Manager of the City of Palm Coast, Florida, who is personally known to me.
______
Notary Public – State of Florida
Print Name:______
My Commission expires:
EXHIBIT “A”
[TERMINATED EASEMENTS]
Drainage ditches identified as A, B, C, D, E, F, G, H, I, and J, as shown on the sketch attached hereto as Exhibit “A-1”; said parcels being a portion of Reserved Parcel “17-1”, all according to the Subdivision Map Ulysses Trees Section -57 Palm Coast, Map Book 17, Pages 12 through 28, of the Public Records of Flagler County, Florida.
EXHIBIT “A-1”
[SKETCH]
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