2003-R-1509/17/2003 12:49 Pit
O 1strument# 2003-233503
took: 5166
Page- 4878
GRANTING/BENigNG
RESOLUTION NO. 2003-R-15
A RESOLUTION OF THE CITY OF EDGEWATER,
FLORIDA, GRANTING ORBENVING THE ABANDONING
AND VACATING TWO (2) 5 X 100.00 FOOT UTILITY
EASEMENTS LOCATED ON THE SOUTHERN MOST
PORTION OF LOT 132 AND THE NORTHERN MOST
PORTION OF LOT 133, WILDWOOD SUBDIVISION, AS
FURTHER DESCRIBED IN EXHIBIT "A"; PROVIDING FOR
RECORDING AND SEVERABILITY; REPEALING
RESOLUTIONS IN CONFLICT HEREWITH AND
ESTABLISHING AN EFFECTIVE DATE.
WHEREAS, the City Council of the City of Edgewater desires to abandon and vacate two
(2) 5 X 100.00 foot utility easements located on the southern most portion of Lot 132 and the
oa
.�7y northern most portion of Lot 133, Wildwood Subdivision, being more particularly described in
i
\\� Exhibit "A"; and
WHEREAS, Lori Krueger and Anthony Ramos, the owners/applicants, have complied with
the provisions of Chapter 21 (Land Development Code), Article IX (Application Procedures),
Section 21-99 (Abandonments and Vacations) regarding the provision of certain information in
connection with the application; and
WHEREAS, pursuant to Section 21-99.03 (Procedures) of the Land Development Code of
�� the City of Edgewater, and the requirements contained in the Florida Statutes, a Notice of Public
J
Hearing before the City Council was provided by regular mail to owners of real property abutting
the Roadway and all owners of the property within three hundred (300) feet in all directions of the
subject property; and
WHEREAS, pursuant to Section 21-99.03 (Procedures) of the Land Development Code of
2003-R-15
K'�
the City of Edgewater, and the requirements contained in the Florida Statutes, a Notice of Public
ID (� Hearing was published one (1) time in a newspaper of general circulation in the City of Edgewater
A a)
h7 �? by an advertisement that was published in the Observer on July 18, 2003; and
(D Ym WHEREAS, the City Council of the City of Edgewater finds that said application and
OD
046 supporting documents are in accordance with the requirements of Chapter 21 (Land Development
Code), Article IX (Application Procedures), Section 21-99 (Abandonments and Vacations) and that
the requested action is consistent with the City of Edgewater Comprehensive Plan.
NOW THEREFORE, BE IT RESOLVED by the City Council of the City of
Edgewater, Florida:
Section 1. Authority. The City Council of the City of Edgewater has the authority
to adopt this Resolution pursuant to Article VIII of the Constitution of the State of Florida and
Chapter 166, Florida Statutes, and Article IX (Application Procedures) of Chapter 21 (Land
Development Code) of the City of Edgewater.
Section 2. Abandonment and Vacation. The City Council of the City of
Edgewater, Florida, hereby abandons, vacates and renounces any rights in and to the two (2) 5 X
100.00 foot utility easements located on the southern most portion of Lot 132 and the northern most
portion of Lot 133, Wildwood Subdivision, being more particularly described in Exhibit "A", as
further described in Exhibit "A". See Exhibit "A" for further legal description and sketch of
subject property.
Easements to remain in effect are as follows: an existing 10 X 75.00 foot easement along
the eastern most portion; anexisting 5 X 115.00 foot easement along the northern most portion; and
an existing 5 X 75.00 foot portion along the western most portion of Lot 132 along with the 10 X
2003-R-15
2
37.59 foot portion along the eastern most portion and the 5 X 37.50 foot easement along the western
z0
IDCD most portion of Lot 133, being more particularly depicted in the Sketch attached as Exhibit `B".
An Easement Agreement has been entered into by Lori A. Krueger and Anthony Ramos
-Y granting the City a perpetual easement for a 10.00 x 100.00 foot easement on Lot 133, Wildwood
d
0D
�aSubdivision.
Section 3. Recordine. A certified copy of this Resolution shall be Sled with the
Volusia County Property Appraiser and duly recorded into the Public Records of Volusia County,
Florida, by the Volusia County Clerk of Court.
Section 4. Severability. If any section, subsection, sentence, clause, phrase or portion
of this Resolution is for any reason held invalid or unconstitutional by any court of competent
jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such
holding shall not affect the validity of the remaining portion hereto.
Section 5. Effective Date. This Resolution shall become effective immediately
upon passage and adoption.
After Motion by Councilwoman Rhodes and Second by Councilman Hammond, the vote on
this resolution was as follows to grant/deny the abandoning and vacating of the subject property:
AYE NAY
Mayor Donald A. Schmidt X
Councilman James P. Brown X
Councilman Myron F. Hammond X
Councilwoman Harriet E. Rhodes X
Councilwoman Judith Lichter X
PASSED AND DULY ADOPTED this 18th day of August, 2003.
2003-R-15
3
C
Hook: 5166
" aoe : 4881
PASSED AND DULY ADOPTED this 4th day of August, 2003.
ATTEST:
For the use and reliance only by the City of
Edgewater, Florida. Approved as to form and
legality by: Scott A. Cookson, Esquire
City Attorney
Foley & Lardner
CITY COUNCIL OF THE
CITY OF EDGEWATER, FLORIDA
sy
Donald A. Schmidt
Mayor
Robin L. Matusick
Legal Assistant/Paralegal
Approved by the City Council during the
Council meeting held on the 4th day of
August, 2003 under Agenda Item 6 s
2003-R-15
Tm
wo
100
ID x
li):Ob
""oc
",zz
g::t>o
-.Jo(Jl
0.......
~CXl.
n
)>
"D
I")
f-
o
-!
...
SLl'GER .& ASSOCrtrTES,
PROFESSIONAL LAND SURVEYORS
LICENSED BUSINESS CERTIFICATION NO. 3019
3921 NOVA ROAD
PORT ORANGE, FL. 32127
(386) 761-5385
Copyright @ 2002 Sliger & Associotes, Inc.
WWW.SLlGERASSOCIATES.COM
\
WILDWOOD DRIVE 50'
N20'18'34"W 169.07'
NOT
[ LO"':~
20.67'
w
~ol
. 0
:;t u-i I TELEPHONE
en N ~80X
~ o-~ ~
to
R/W LINE -
INC.
11 to
~O
100
m"
....
~tn
aJl-L
QJo-.
ltJG',
R/W LINE
R/W
ct
NOT
~ LOCA TED '\
d
N
../ 8
ASPHALT PAVEMENT ~
10, 0'
5'DRAINAGE & N20'1 '34"W 37.50
UTILITY EASEMENT .- 37.52'
, TOP OF BANK -'
112.52 (M) (DEC. 14, 2002)
112.50' (p) SKETCH OF DESCRIPTION ONLY LS#2057
NOT A BOUNDARY SURVEY
ABBREVIA TIONS SHEET 1 OF 2
POINT OF
COMMENCEMENT
75.00' WATER
METER
10' UTILITY EASEMENT
I
I
I
~ I
l.LJ
~ I
o ::J
~ ~ I
l.LJ
i I
3: ~
~ in I
I
I
I
I
I
L
SUBJECT PROPERTY
(VACANT)
r--..
Cl..
'-'"
'0 ~
o 2
u-i :J
b ~
o ~
d
o :s:
(()
N
~
:=t
(J)
to
(f)
LOT 132
75.00'
FOUND 5/8"
IRON ROD
NO ID
S20'17'10"E
520'18' 34"E
UNPLA TTED
FOR: LORI A. KRUEGER
DESCRIPTION: A PORTION OF LOT 1.32 AND THE
NORTHERLY 1 /7. OF LOT 133, WILDWOOD SUBDIVISION UNIT
.3. AS RECORDED IN PLAT BOOK .38. PAGE .35 OF THE
PUAIIC RECORDS OF VOLUSIA COUNTY, FlORIDA (SFF
SHEET 2 OF 2 FOR COMPLETE LEGAL DESCRIPTION)
DATA COLLECTION FILE NO. 023421 JOB #03-0566
SCALE 1"=20' FIELD BOOK 1065 PAGE 66
37.59'
520'18' 34"E
10' UTILITY EASEMENT
POINT OF
BEGINNING
I-
Z
l.LJ
::!
1.1.1
V)
<(
l.LJ
r--..
:2
'-'"
"""" """"
U 0...
'-' '-'
<Id b
o
~ d
;2 0
<{
a::
D
.
~
o
L()
h~
o 0
u-iu-i
~ ~
~
3:
to
N
n
:=t
(J)
to
(f)
~I")
<(I")
::r::"----
::r::f-
f-O
~-!
o
(f)
.w y;
lolo
~ .N
g] n
1:> :'i"
,..... (])
z ~
I-
Z
l.LJ
::!
l.LJ
V>
<(
l.LJ
.....
,.
en
(()
V>
NORTH HALF
LOT 133
~
::J
F
:J
oll
l.LJ
l:>
<(
z
<{
a::
D
in
75.00'
(P) PLA TTED DIMENSION LEGEND
(D) DEEDED DIMENSION
(M) MEASURED DIMENSION . IRON ROD WITH CAP
(C) CALCULATED DIMENSION 0
ID IDENTIFICATION IRON PIPE
A/C AIR CONDITIONER 0 CDNCRETE MONUMENT
R/W RIGHT OF WAY
It CENTERLINE . PERMANENT REFERENCE
MONUMENT
D CENTRAL ANGLE
R RADIUS 11 PERMANENT CONTROL
L ARC LENGTH POINT
CB CHORD BEARING (R) RADIAL LINE
FP&L CO. FLORIDA POWER & (NR) NON-RADIAL LINE
LIGHT COMPANY
N.G.V.D. NA TIONAL GEODETIC 0 EXISTING ELEVATIDN
VERTICAL DATUM
U.S.C. & G.S. UNITED STATES COAST CJ PROPOSED ELEVATION
AND GEODETIC SURVEY
--
SL16ER & ASSOCIATES, INC.
4
PROFESSIONAL LAND SURVEYORS
LICENSED BUSINESS CERTIFICATION NO. 3019
3921 NOVA ROAD
2 PORT ORANGE, FL. 32127
(386) 761-5385
Copyright 0 2002 Sliger & Associates, Inc.
WWW. SU GERASSOCI ATES. COM
SURVEYORS NOTES
1. NOTICE: THERE MAY BE ADDITIONAL RESTRICTIONS AND/OR OTHER MATTERS THAT ARE NOT SHOWN ON THIS
PLAT OF SURVEY/SKETCH OF DESCRIPTION THAT MAY BE FOUND IN THE PUBLIC RECORDS OF THIS COUNTY. THIS
SURVEY/SKETCH OF DESCRIPTION PREPARED WITHOUT BENEFIT OF AN ABSTRACT.
2. DIMENSIONS ARE SHOWN IN FEET AND DECIMALS THEREOF.
3. BEARING STRUCTURE BASED ON RECORD PLAT WITH THE BEARING ON THE EAST LINE OF THE SUBJECT
PROPERTY BEING S20'18'34"E.
4. UNDERGROUND FOUNDATIONS, IF ANY, NOT LOCATED.
5. ELEVATIONS REFER TO N.G.V.D. OF 1929, PER U.S.C.& G.S. BENCHMARKS ___--------- HAVING A y
PUBLISHED ELEVATION OF ---- _--- FEET.
5. THIS PROPERTY IS LOCATED IN FLOOD INSURANCE RATEMAP (F.I.R.M.) ZONE X. THIS LOCATION IS DETERMINED I
BY SCALING FROM F.I.R.M. MAP NO. 12127CO685 G. MAP EFFECTIVE DATE: APRIL 15, 2002. APPROXIMATE SCALE: �x�(
1"= 1000'. - �(
x
7. FLOOD ZONE CERTIFICATION ADDED TO SURVEY DEC. 14, 2002 (02-3421). 0
8. "NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND
MAPPER."
K
9. UNLESS OTHERWISE SHOWN, RECORD DISTANCES AND DIRECTIONS AND FIELD MEASURED DISTANCES AND
DIRECTIONS ARE THE SAME.
10, REVISED TO CORRECT TYPOGRAPHIC ERRORS IN DESCRIPTION. JULY 8, 2003 (STK)
ob
NOTE:
NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED
SURVEYOR AND MAPPER.
REFERENCE: LOT T 133, WLDWOOD SUBDIVISION
PLAT PREPARED FOR THE FOLLOWING: ONLY THE LAST DATE IS CERTIFIED ON SEALED COPY)
THIS PLAT OF SURVEY IS CERTIFIED TO AND PREPARED FOR THE SOLE AND EXCLUSIVE BENEFIT OF THE ENTITIES AND\OR
INDIVIDUALS LISTED BELOW, ON THE MOST CURRENT DATE, AND SHALL NOT BE RELIED UPON BY ANY OTHER ENTITY OR
INDIVIDUAL WHOMSOEVER.
LEGAL DESCRIPTION:
COMMENCE AT THE SOUTHEAST CORNER OF LOT 132, WILDWOOD SUBDIVISION, UNIT 3, AS RECORDED IN MAP BOOK 38,
PAGE 35 OF THE PUBLIC RECORDS OF VOLUSIA COUNTY, FLORIDA; THENCE S69'41'26'E, ALONG THE SOUTHERLY LINE
OF SAID LOT 132, 10.00 FEET TO THE POINT OF BEGINNING; THENCE DEPARTING SAID SOUTHERLY LINE, S20'18'34"E,
5.00 FEET; THENCE S69'41'26"W, 100.00 FEET; THENCE N20'18'34"W, 10.00 FEET; THENCE N69'41'26"E, 100.00 FEET;
THENCE S20'18'34"E, 5.00 FEET TO THE POINT OF BEGINNING.
CONTAINING 1000.0 SQUARE FEET, MORE OR LESS,
TYPE F SURVEY CERTIFIED TO SURVEY DATE JOB NUMBER
SKETCH OF
DESCRIPTION
LORI A. KRUEGER
MARCH 1, 2003
03-0556
NOT CERTIFIED TO ANY ENTITIES AND OR INDIVIDUALS
OTHER THAN THOSE LISTED ABOVE.
to
SHEET 2 OF 2 VALID WITH SIGNATUR
WT.
14. LY
FOR : LORI A. KRUEGER j,
v/
F ,�11
pp11ll�q.
'
DATE
JOB NO.
P.C.
ORW.
CHECKED By
41F�kb�
e�' DAI AIM IS�TRAT&E.'
,.,C O v11R 4 ONN'^
j
i,"472'.0 : A T
�±.94
SOUNDH OF
ARY SURVEY
_
TOPOGRAPHIC SURVEY
FDUNDATI N A
PINAL IMPRO M NTS
RECERTIFI ATI N
B HE ` B
JE, ZA .
4TT2'
SiTDVEN. 1:^if NV ,M
PROPOSED HOUSE LOCATION
✓
JQ;O:MAIF / ►56U;'ND 6149
09/17/2003 12:49 PM
istrument# 2003-233502
look: 53-66
Page: 4872
r; 1(3 INS 1:ibu I azi WW 9"1q 3 13-3it
Scott A. Cookson, Esq.
FOLEY & LARDNER
111 North Orange Avenue, Suite 1800
Post Office Box 2193
Orlando, FL 32802-2193
(407) 423-7656
aerx a RscoaDDIG aenlRry TO:
Susan J. Wadsworth, City Clerk
CITY OF EDGEWATER
Post Office Box 100
Edgewater, Florida 32132-0100
EASEMENT AGREEMENT
THIS EASEMENT AGREEMENT is made and entered into this /9 day of
2003, by and between LORI A. KRUEGER and ANTHONY
RAM S (Owners), whose mailing address is 305 Wildwood Drive, Edgewater, Florida
0 32132 (hereinafter referred to as the "Grantor"), and the CTTY OF EDGEWATER, a
% - Florida municipal corporation, whose address is Post Office Box 100, Edgewater, Florida
32132-0100 (hereinafter referred to as the "Grantee").
i
In (Whenever used herein the terms "Grantor" and "Grantee" include all the parties to this
instrument and the heirs, legal representatives and assigns of individuals, and the successors
and assigns of partnerships, corporations, public bodies and quasi -public bodies.)
WITNESSETH:
WHEREAS, Grantor is the owner of that certain real property located in Volusia
County, Florida, as more particularly described in Exhibit "A" (legal description and sketch)
attached hereto and incorporated herein by reference (the "Easement Property"); and
WHEREAS, Grantor has agreed to grant and convey to Grantee, a perpetual
easement over, upon and across the Easement Property for the specific and limited purposes
hereinafter set forth. r
y� NOW, THEREFORE, in consideration of the mutual covenants, promises, terms
and conditions set forth herein, and for other good and valuable consideration, the receipt and
sufficiency of which are hereby acknowledged, the parties hereto agree as follows:
Section 1. The above recitals are true and correct, form a material part of this
Agreement and are incorporated herein by reference.
Section 2. Grantor hereby gives, grants, bargains, sells, and conveys to Grantee
a perpetual easement over, upon and across the Easement Property for the purposes
(EasemenWtility Easement - Krueger -Ramos)
~
....,
-.Df'1
-.D~
rim
I.O~
hereinafter stated (the "Easement"), all subject to the terms, conditions, and limitations set
forth herein.
....
Section 3. Grantor hereby warrants and guarantees to Grantee that Grantor has
fee title to the Easement Property, subject to easements, reservations, restrictions, and rights-
of-way of record, ifany, and the Grantor has full power and authority to grant this Easement
as to the Easement Property.
.:.:m
OD
Oei
~o.
Section 4. Grantee's use of the Easement Property shall be for the purpose of
Grantee, through itself, its agents, contractors, consultants and employees performing such
activities on the Easement Property as Grantee may deem reasonably necessary in connection
with installation, maintenance, operation and repair of utilities, and improvements, together
with the rights, easements, privileges and appurtenances in or to said land which may be
required for the full enjoyment of the rights herein granted. The easement, rights and
privileges granted herein shall be perpetual.
Section 5. This Easement is non-exclusive, and Grantor reserves to itself, its
successors and assigns, the non-exclusive right to use, pass and repass over and upon the
Easement Property. Each party shall use the rights granted and reserved by this Easement
Agreement with due regard to the rights of the other party to use and enjoy the Easement
Property .
Section 6. To the extent permitted by law, the Grantee agrees to indemnify and
hold harmless the Grantor from and against any and all claims, actions, causes of action, loss,
damage, injury, liability, cost or expense, including without limitation attorneys' fees
(whether incurred before, during or after trial, or upon any appellate level), arising from the
Grantee's use of the Easement Property or from the exercise by the Grantee of any rights
granted by this Easement Agreement.
Section 7. The Easement shall be binding upon and inure to the benefit of the
parties specified herein, their respective legal representatives, successors and assigns, and the
benefits and burdens hereof shall run with the Easement Property.
Section 8. This Easement Agreement may be modified or amended only upon the
mutual written consent of Grantee and Grantor, or their respective legal representatives,
successors and assigns.
IN WITNESS WHEREOF, the parties hereto have subscribed their names and have
caused this Easement Agreement to be executed as of the day and year first above written.
(Easement/Utility Easement - Krueger -Ramos) 2
..aoq
..at'--
rHD
1O'<t
....
.:acm
Ot)
OG
~a.
~
Signed, sealed and delivered in
the presence of
i~~~#::w
~ --0)fl>~~~
Print name: /-.J S 0..... A I \J O''Y'> ~
~ ~J->-::.\:)~'
Print name: t- \ S 0- & l \)~'-'Y> ~r
~Jl~~
Print name:beni(G.. Loon Fj
STATE OF FLORIDA
COUNTY OF VOL USIA
....,
GRANTOR:
OWNER
By:
,/. 'tLG
I/~~v' -( ~ Ijt2/C
on A. Krueger
Owner
GRANTOR:
OWNER
By {~ (j~,te:-L-
Anthony RarrtOs
Owner
The foregoing instrument was acknowledged before me this ~ day of
~ ' 2003 by LORI A. KRUEGER and ANTHONY RAMOS who are the
own rs of the subject property and are authorized to execute this document and who [ ] is
~to me or [ ] produced as identification.
{Notary Seal must be affixed} _L ~-. '.. ~_.
Signaturl'of Notary
(0 oS a h ,7 Ilet),-.,.,.. rJ.-4
Name of Notary (Typed, Printed or Stamp'~\\\\~IW~~"'I~
~~,,-~.........IItJ~'
~ ~.~ION ..~v;' ~
Commission Number (ifnot legible on seal~ ..d::i ~\ler$ ~.: ~
: ..~~ ~~'b~... ~
My Commission Expires (if not legible orjtlltl: ~... l.1' lP : * i
:; : : :
~ -Z .. 100032966 : ~::::
~-~. .~~
%~;...~~~....cr;
~",,o'&. ........ (j;~
:f~/l lie ST"~ ~,,~
III",lmm\\\'" .
For the use and reliance only by the City of
Edgewater, Florida. Approved as to form and
legality by: Scott A. Cookson, Esquire
City Attorney
Foley & Lardner
(Easement/Utility Easement - Krueger -Ramos) 3
Approved by the City Council of the City
of Edgewater at a meeting held on this
4thday of August, 2003 under Agenda
Item No. (,- <.: