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GRANT MALOY, SEMINOLE COUNTY <br />CLERK OF CIRCUIT COURT & COMPTROLLER <br />CFN# 2020147772 Bk:9794 Page: 1710-1720 <br />REC: 12/21/2020 4:15:14 PM by hdevore <br />Prepared by: RECORDING FEES $95.00 <br />Neysa Borkert, Esq. <br />111 N. Orange Ave., Ste. 2000 <br />Orlando, FL 32801 <br />Return to: <br />City Clerk <br />95 Triplet Lake Drive <br />Casselberry, FL 32707 <br />UTILITY EASEMENT AGREEMENT <br />THIS UTILITY EASEMENT AGREEMENT is made and entered into this I'- - "I <br />day of _Deremt:; 2020, by and between CASTO CASSELBERRY LLC, a Florida <br />limited liability company whose address is 5391 Lakewood Ranch Blvd., Suite 100, Sarasota, <br />Florida 34240("Grantor") and the CITY OF CASSELBERRY, FLORIDA, a municipal <br />corporation ("Grantee" or "City") whose address is 95 Triplet Lake Drive, Casselberry, FL <br />32707. <br />WITNESSETH: <br />WHEREAS, Grantor is the owner of that certain real property located in Casselberry, <br />Seminole County, Florida, more particularly described as set forth on Exhibit "A" attached <br />hereto and incorporated herein by this reference (the "Property"); and <br />WHEREAS, Grantor desires to grant and convey unto Grantee a non-exclusive public <br />utility easement to, over, under, upon, across and through that certain portion of the Property <br />which is described on Exhibit "B" attached hereto (hereinafter referred to as the "Utility <br />Easement Areas"), for the construction, installation, operation, maintenance, replacement and <br />repair by Grantee, or its employees, agents or designees, of public water (potable and reclaimed) <br />and sewer lines, mains, pipes, valves, meters, hydrants, manholes, and similar appurtenances <br />(hereinafter referred to as the "Utilities"); and <br />WHEREAS, Grantor warrants that he has full authority to grant this easement. <br />NOW, THEREFORE, for and in consideration of the mutual covenants and agreements <br />contained herein and other good and valuable consideration, the receipt and sufficiency of which <br />are hereby acknowledged, Grantor and Grantee hereby agree as follows: <br />1. Recitals. The foregoing recitals are true and correct and are incorporated herein by this <br />reference. <br />2. Grant of Utility Easement by Grantor. Grantor does hereby give, grant, and convey to <br />City a perpetual, nonexclusive public utility easement over, across, under, on, and through a <br />portion of the Grantor's Property that is legally described and generally depicted in Exhibit "B" <br />attached hereto (the "Utility Easement Areas") for utility purposes including water, sewer and <br />