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Prepared by: <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 />GRANT MALOY, SEMINOLE COUNTY <br />CLERK OF CIRCUIT COURT & COMPTROLLER <br />CFN# 2020147773 Bk:9794 Page:1721-1737 <br />REC: 12/21/2020 4.18:13 PM by hdevore <br />RECORDING FEES $146.00 <br />SIDEWALK, LANDSCAPE AND UTILITY EASEMENT AGREEMENT <br />THIS SIDEWALK, LANDSCAPE AND UTILITY EASEMENT AGREEMENT is <br />made and entered into this jq � zl day of j 2020, by and among CASTO <br />CASSELBERRY LLC, a Florida limited liability company ("Casto"), whose address is 5291 <br />Lakewood Ranch Blvd., Suite 100, Sarasota, Florida 34240 and GENDER AND THIRTY- <br />THREE, LLC, an Ohio limited liability company ("Gender") whose address is 250 Civic Center <br />Drive, Suite 500, Columbus, Ohio 43215 (Casto and Gender are collectively referred to as the <br />"Grantor") and the CITY OF CASSELBERRY, FLORIDA, a municipal corporation <br />("Grantee" or "City") whose address is 95 Triplet Lake Drive, Casselberry, FL 32707. <br />WITNESSETH: <br />WHEREAS, Casto is the owner of that certain real property located in Casselberry, <br />Seminole County, Florida, more particularly described as set forth on Exhibit "A" ("Casto <br />Property") attached hereto and incorporated herein by this reference and Gender is the is the <br />owner of that certain real property located in Casselberry, Seminole County, Florida, more <br />particularly described as set forth on Exhibit "B" ("Gender Property") attached hereto and <br />incorporated herein by this reference. The Casto Property and the Gender Property are <br />collectively referred to as the "Property"; and <br />WHEREAS, Grantor desires to grant and convey unto Grantee a non-exclusive public <br />sidewalk and landscape easement to, over, under, upon, across and through that certain portion of <br />the Property which is described on Exhibit "C" attached hereto (hereinafter referred to as the <br />"Sidewalk and Landscape Easement Area"), for the construction, installation, operation, <br />maintenance, replacement and repair by Grantee, or its employees, agents or designees, of <br />sidewalk, landscaping and irrigation improvements, (hereinafter referred to as the <br />"Improvements"); 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 "D" 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 />