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					                       ORANGE COUNTY PUBLIC SCHOOLS
                            Real Estate Management 6501 Magic Way Orlando, Florida 32809
                                           (407)317-3954         FAX (407)317-3792




Bany & Shardn Deemer
100 Temple Grove Drive
Winter Garden, Florida 34787

Re:         Lakeview Middle School ("School")
            Drainage Easement between Barry and Sharon Deemer and the School Board of Orange County,
            Florida

                                       LETTER AGREEMENT

        Attached is the Access and Utility Easement Agreement applicable to that real property more
specifically described in Exhibit "Ahattached hereto ("Easement Area") from you to the School Board of
Orange County, Florida ("School Board'). The School Board is responsible for constructing the drainage
improvements as well as the maintenance of those improvements.

        In consideration of your executing the Easement, the School Board will be responsible for the
following improvements in and around the Easement Area:

            1.     Replacement of any tree removed with two fruit bearing trees of your choice.
            2.     Replace any chain link fence removed by O m g e County Public Schools.
            3.     Replace any removed or damaged sod with bahia grass.

            The School Board will     be responsible for the regular maintenance of the landscaping that it
installs.

        If you have any questions, please do not hesitate to give us a call. We would appreciate you
executing the Easement Agreement and returning it to us at your earliest convenience.




                                                   Dated:   *
                                                     THE SCHOOL BOARD OF ORANGE
                                                     COUNTY, FLORIDA, a public corporate
                                                     body organized and existing under the
                                                     Constitution and the laws of the State of
                                                     Florida.



                                                      By:         &
                                                            Timothy R Shea
                                                     Title: Chairman
                                                                     :


                                                      Dated:         q(281~
                                                     Attest:
                                                               Ronald Blocker, as its
                                                                                        d , k-
                                                               Secretary and Superintendent


                                                      Dated:        ?)!Z y&-

Reviewed and Approved by Orange
County Public Schools

                    V       L


     Kramer, Facilities Program Director
~ianne

Date:     q/2 7/0 3

Approved as to form and legality by
legal counsel tci The School Board of
Orange County, Florida, exclusively
for its use and reliance.




Stuatt Bucha an         .
Date: 5 e & W           b W by             zdB


H:\lBuchanan S~\OCPSVakeview      -
                           MS Drainage from Deemer\Letter Agreement re landscapingdoc
Prepared by and Return to:
Stuart P. Buchanan
Swam & hdley, P.A,
1031West Morse Boulevard
Suite 350
W~fiterPark, AMda 32789




                                       EASEMENT

         MIS INpEWRE, made this                day of &~kh&#fkJ.,          2005, between,
BARRY DEEMER and SHARON EEMER, husband and wife, whose address is 100
Temple Grove Drive, Winter Garden, Florida 34787 C'GranW7, and THE SCHOOL
BOARD OF ORANGE COUNTY, FLORIDA, a public corporate body organized and existing
under the Constitution and the laws of the State of Florida, whose address is 445 West
Amelia Street, Orlando, Florida 32801 ("Granteet').

        WITNESSOW, That the Grantor, in consideration of the sum of $10.00 and
other valuable considerations paid by the Grantee, the receipt whereof is hereby
acknowledged, does h e ~ b give and grant to the Grantee and 'Rs assigns, a perpetual,
                             y
                                                              rm
non-exclusive easement for the purpose of constructing m water drainage pipes,
grated drain inlets and any appurtenances thereto (the "Facilitiest') including installation,
repair, replacement and maintenance of same, with full authority to en&r upon,
excavate, construct, repair, replace and maintain, as the Grantee and its assigns may
deem necessary, under, upon and above the following described lands situated in
Orange County, Florida aforesaid, to-wit:

                               See Attached Exhibit "A"

                  A PORTION OFTAX -
                                  P         1.D. NUMBER: \5-22-27-2~(q@03-02\
                                  (the "Easement Area")

       TO HAVE AND TO HOLD said easement unto said Grantee and its assigns
forever.

       THE GRANTEE shall, at its sole cost and expense, be solely responsible for ali
work performed in the Eaement Area by Grantee and its employees, contractors,
subcontractors, laborers, consultants and agents, and such work shall be undertaken in
a safe and prudent manner. Grantee shall comply with all applicable federal, state, and
county laws, regulations and ordinances, and such permits that the Grante requires,
with respect tg the constru@ion,   installation, repair, replacement, maintenance and use
of the Facilities in the Easement Area.

                                                                 o
       THE GRANTEE herein and its assigns shall have the right t clear and keep clear,
out of and away from the Easement Area, all trees, undergrowth and qther obstructions
                                                  r
that may interfere with the normal operation o maintenance of the Facilities placed
thereon by the Grantee and its assigns; provided, however that Grante! shall have no
responsibility for the general maintenance of the Easement Area.
       THE GRANTOR r-ins the right to use, access and enjoy and to permit others to
use, access and enjoy the Easement Area for any purpose whatsoever that will not
unreasonably interfere with the Grantee's rights provided herein.

         THE GRANTOR, its successors and assigns, shall not build, construct, or create,
nor permit others to build, construct, or create, any buildings or other structures on the
Easement Area that may interfere with the normal operation or maintenance of the
Facilities.

        THE GRANTEE may at any time change the location of the Facilities within the
boundaries of the Easement Area, or modify the size of the Facilities as it may determine
in its sole discretion from time to time (the "Modifications) without paying any additional
compensation to Grantor or Grantor's heirs, successors or assigns, provided Grantee
                                                          m
does not expand its use beyond the Easement A . Prior to commencing any
Modifications, Grantee shall notlfy Grantor or Grantor's successors and assigns prior to
performing any Modifications; provided, however, that no notification to the Grantor or
Grantor's successors and assigns shall be required in the event the Grantee determines
that Modifications must be performed on an emergency basis.

       THE GRANTEE shall repair any damage to any property, facilities or
improvements of Grantor located in the Easement Area or adjacent thereto, including
without limitation landscaping, if such damage Is incident to Grantee's use of the
Easement Area.

         THE GRANTEE shall exercise its rights and privileges hereunder at its own risk
and expense. Thmughout the term of this easement, Grantee shall maintain general
liability insurance or self insurance in compliance with the limits provided in Section
768.28, Florida Sbtutes.

      Nothing herein shall be construed as a waiver of GranWs sovereign immunity
beyond that provided under Section 768.28, Florida Statutes, as same may be amended
fmm time to time. The terms of this paragraph shall survive any termination of this
easement.

       I N WITNESS WHEREOF, the Grantor and Grantee have caused these presents
to be executed on the dates provided below.




                      [Signatures start on next page]
                                                   "GRANTORS"




STATE OF FLORIDA                             1
COUNTY OF ORANGE                    1
        Th   foregoing instrument was acknowl
h ~ & x 0 0 5 , by Bany Dearner. He i#
                                                             "
                                                        nally know
                                                                        is L T Q a y of
                                                                      me or has produced
                                        (type of
take an oath.


                 (NOTARY SEAL)


                LA TONYA R MC KI NNE                    Serial Number:
                                                        My Commission Expires:




STATE OF FLORIDA                             1
COUNTY OF ORANGE

                    oing instrument was acknowledged                       @day     of
                  005, by Sharon Deemer. She is                  Ilv know to me or has
 produced
 did (did not) take an oath.


                 (NOTARY SEAL)



                     EXPIRES: A U ~21.2009
                                    .
                                                        My Commission Expires:
 WRNESSES:                            "GRANTEE"


                                                THE SCHOOL BOARD OF ORANGE
                                                COUNTY, FLORIDA, a public corporate
                                                body organized and existing under the
                                                Constitution and the laws of the State of
                                                Florida.
                                                                A
                                                By:   LLidAEL
                                                       Timothy R Shea

                                                Title: Chairman




        F
 STATE O FLORIDA
                                      ) s.s.:
         F
 COUNTY O ORANGE

           he foregoing instrument was acknowledged before me this H a y of
dch&             005, by Timothy R. Shea, as Chairman of The School Board of Orange
 County, Florida, a public corporate bocly organized and existing under the Constitution and
 the laws of the S a e of Florida, on behalf of The Schod Board. Hz is personally known
                   tt
 to me or has produced                                           (type of identification) as
Liaentification and d i d e not) eke an oath.


                                                                                       C/
                                                       Notary Public
                (NCTTARY SEAL)

                                                       Print or Type Name
                                                       Serial Number:
                                                       My Commission Expires:
  WITNESSES:
                                                                           THE SCHOOL BOARD OF ORANGE
                                                                           COUNN, FLORIDA, a public corporate
                                                                           body organized and existing under the
                                                                           Constitution and the laws of the State of
                                                                           Florida.


                                                                           Attest:      -    &

                                                                                     Ronald Blocker, as its
                                                                      .              Secretary and Superintendent




* ? 0 5 ,
    I




       '
       :
         +
  STATE OF FLORIDA

  COUNTY OF ORANGE

         Th foregoing instrument was acknowledged before me thi

  k r d of Orange County, Florida, a public corporate body organized and existing under
  the Constitution and the laws of the State of Florida, on behalf of The Schod Board. He is
  personally known to me or has produced
  (type of identification) as identification and did (did not) take an oath.




        ,,,,,\Q';;'l,#


       @:,: MYCOMMISSONI M.23,McGill EXARES
       =*;
       T..




  Stuart Buchanan
  Date: scrofem
                 Deborah

                 December 2006
                 I




  Swann & Hadley, P I
                   .
                   A
                     ,,
                        by Ronald Blocker as Secretary and Superintendent of The School




                          a$$


                          I
                                BONDEDTHRU




  Approved as to form and legality by
  legal counsel to The School Board of
  Orange County, Florida, exclusively
  fur its use and reliance.
                                            (NMARY SEAL)


                                         TROY
                                                DD147829
                                             FAIN INSURAN~E,




                                     k2 b Y1 200r
                                           -
  ~ : \ 1 ~ u c h a n a ~ ~ t w r t \ 0 ~ ~ ~ \ ~MS eDralnage from DeemerWralnage Easement from Deemer.doc
                                                 ak vlew
                                                        1




                                                           INC
                                                                 1
                                                                 ) s.s.:



                                                                             &day        of




                                                                                     Print or Type Name
                                                                                     Serial Number:
                                                                                                        -




                                                                                     My Commission Expires:
                                                                                                            -   --   --   -
                                       15' DRAINAGE EASEMENT
                               SECTION 15, TOWNSHIP 22 SOUTH, RANGE 27 EAST
                                  WINTER GARDEN, ORANGE COUNTY, FLORIDA

                                          EASEMENT DESCRIPTION
                           BEING A 1 5 FOOT WIDE DRAINAGE EASEMENT LYING I N SECTION 15,
                           TOWNSHIP 2 2 SOUTH.    RANGE 2 7 EAST, WINTER GARDEN.   ORANGE
                           COUNTY,  FLORIDA,   BEING MORE PARTICULARLY DESCRIBED       AS
                           FOLLOWS:

                           COMMENCE AT A 1-1/4 INCH IRON P I P E AT THE SOUTHEAST CORNER
                           OF THE SOUTHWEST 1/4, OF SECTION 15,TOWNSHIP 2 2 SOUTH, RANGE
                           2 7 EAST, WINTER GARDEN, ORANGE COUNTY. FLORIDA; THENCE RUN
                           NB9'58'50"W, ALONG THE CENTERLINE OF WEST BAY STREET AND 'THE
                           SOUTH L I N E OF S A I D SECTION, A DISTANCE OF 6 6 6 . 2 2 FEET;
                           THENCE RLlN N02'13'55"W.         A DISTANCE OF 3 0 . 0 2 FEET TO THE
                           NORTH RIGHT-OF-WAY L I N E OF WEST BAY STREET,             (HAVING A 6 0
                           FOOT RIGHT OF WAY]; THENCE RUN N 0 0 ' 0 7 ' 2 1 " W , A DISTANCE OF
                           2 4 3 . 9 6 FEET,      TO THE POINT OF BEGINNING;       THENCE CONTINUE
                           NO0 '07'21"W.          A  DISTANCE OF 1 5 . 0 1 FEET;        THENCE  RUN
                           S87 ' 5 4 ' 4 7 " E .  A DISTANCE OF 1 1 3 . 7 4 FEET;       THENCE  RUN
                           SO2 ' 0 5 ' 13"W,      A  DISTANCE OF 1 5 . 0 0 FEET;        THENCE RLlN
                           NB7 ' 5 4 ' 47"W.     A DISTANCE OF 1 1 3 . 1 6 FEET. TO THE POINT OF
                           BEGINNING.

                           CONTAINING 1 7 0 2 SQUARE FEET.          R
                                                              MORE O LESS.


                            GENERAL NOTES

I       1.


        2.
               THE PURPOSE OF THIS SKETCH AND DESCRIPTION I S
               TO PROVIDE A 15 FOOT WIDE DRAINAGE EASEMENT.

               THE BASIS FOR BEARINGS FOR T H I S SKETCH AND LEGAL
                                                                                   UNLESS ACCOMPANIED BY A
                                                                                   GRAPHIC SKETCH   OF THE
               DESCRIPTION I S THE CENTERLINE OF WEST BAY STREET
               WHICH I S ASSUMED TO BEAR N 8 9 ' 5 8 ' 5 0 " W .




I   NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED
        SEAL OF A FLORIDA LICENSED SURVEYOR AN0 MAPPER.                         NOT A BOUNDARY SURVEY                             I
      w                                     I                                                   JDATE OF DRAWING: 1 5 SEPT 2005

             J'EADING BDGE
             LAND SERWCES
             /INCORPORATED


      I[//    6750 FORUM DRIVE
             SUITE 310
             ORLANDO, FLORIDA 3 2 8 2 1
             PHONE:
             FAX:
                      (407) 351-6730
                      (407) 351-9691
                                                                        LIANCE WITH FLORIDA
                                                                        S DEFINED I N FLORIDA

             www.leadingedgels.com
FLORIDA LICENSED BUSINESS NUMBER LB 6846
                               I             15' DRAINAGE EASEMENT
                                 SECTION 15, TOWI\JSHIP 22 SOUTH, RANGE 27 EAST
                               I
                                    WINTER GARDEN, ORANGE COUNTY, FLORIDA                                                 I
                               I
                               I
                      P 2 (,
                      d
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                      ga                     1 5 ' DRAINAGE EASEMENT (1702 SQUARE FEET +/-I
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                               I
                                                             8O44"       1.6
                                                            N 7 5 ' 7 W 131'                              s
                                                                                                          m

                         id                  POINT OF BEG-G
                         all
                         GI                               LEGEND                              UNLESS ACCOMPANIED BY A
                         NI                               DENOTES ANGLE POINT
                                                      0                                       LEGAL DESCRIPTION OF THE
                             I
                         I;                        POC    POINT OF COMMENCEMENT
                         = I
                         -rl
                         NI                                                     GRAPHIC SCALE                    lu=3o'


                                                                     0               30               60                  90
                                                                                                          P.O.C.--.
                                                                                                               ,-

                                         NORTH RIGHT-OF-WAY        LINE                       FOUND 1 1 / 4 " IRON
               --
                               I
                                        -    -            --               -                    SE CORNER - S 1 / 4
                                                                                                                W
                               1 3                                                            SECTION 15, T22S, R27E
                               I=
                               I~C)-                                                          ORANGE COUNTY, FLORIDA
                               !'" "-,
                                   im    -        CENTERLINE 6 SOUTH L I N E OF SECTION 15-22-27
                                        %
               A -
                                   12            (,        -
                                                             N89'58'501'W 6 6 6 . 2 2 ' -
                                                                       -

                                             WEST BAY STREET                                                          "
                                                   (60' RIGHT OF WAY)
  NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED
      SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER.  .                                    NOT A BOUNDARY SURVEY



                               EDGE
             LAND O SERVICES
            / I N C O R P R A T E D


II/          6 7 5 0 FORUM DRIVE
             SUITE 3 1 0
             ORLANDO, FLORIDA 3 2 8 2 1
             PHONE:   (407) 351-6730
                                                                                    MPLIANCE WITH FLOR
                                                                                     AS DEFINED I N FLO

             FAX:     (407) 351-9691
             www.1eadingedgels.com
1 FLORIOA   LTCENSEO BUSINESS NUMBER I R 6 R A1

				
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