2025-R-32 - Accepting Quit Claim Deed - 25' of Property - Rights-of-Way - Clinton Cemetery RoadRESOLUTION NO. 2025-R-32
A RESOLUTION OF THE CITY OF EDGEWATER,
FLORIDA, ACCEPTING A QUIT CLAIM DEED FOR
TWENTY FIVE FEET OF PROPERTY FOR THE PURPOSE
OF RIGHTS-OF-WAY ON CLINTON CEMETERY ROAD;
AUTHORIZING RECORDING; REPEALING
RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING
FOR SEVERABILITY AND APPLICABILITY AND
ESTABLISHING AN EFFECTIVE DATE.
WHEREAS, on June 191h, 2024, Florida Power and Light received Development Order
No. 23-01600005 for the FP&L Electrical Distribution Substation at 4240 S Ridgewood Avenue;
WHEREAS, Clinton Cemetery Road is a private road; and
WHEREAS, Florida Power and Light's private property encompasses the current paved
portion of Clinton Cemetery Road; and
WHEREAS, existing and proposed development has necessitated the need for a signalized
intersection at Jones Fish Camp Road, Clinton Cemetery Road, and S Ridgewood Avenue; and
WHEREAS, the City of Edgewater seeks to pro -actively plan transportation impacts based
upon existing and projected development; and
WHEREAS, the City of Edgewater requires the dedication of right-of-way from private
property owners in the interest of public health, safety, and welfare; and
WHEREAS, the Quit Claim Deed prepared by the City Attorney and the Attorney for
Florida Power and Light is attached as "Exhibit A".
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
2025-R-32
pursuant to Article VIII of the Constitution of the State of Florida and Chapter 166, Florida
Statutes, Chapter 177.101(5), and Article IX (Application Procedures) of Chapter 21 (Land
Development Code) of the City of Edgewater.
0 M-19
A certified copy of this Resolution shall be filed 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 3. CONFLICTING PROVISIONS
All resolutions or parts of resolutions in conflict herewith are hereby repealed.
SECTION 4. SEVERABILITY AND APPLICABILITY
If any portion of this resolution is for any reason held or declared to be unconstitutional,
inoperative, or void, such holding shall not affect the remaining portions of this resolution. If this
resolution or any provisions thereof shall be held to be inapplicable to any person, property, or
circumstances, such holding shall not affect its applicability to any other person, property, or
circumstance.
SECTION 5. ADOPTION AND EFFECTIVE DATE
This resolution shall take effect upon adoption.
2025-R-32 2
PASSED AND DULY ADOPTED this day oft, '5 , 2025.
i
°b Diezel DePew, Mayor
ATTEST:
",�w
Moni sae To ipin, Acting City Jerk.
REVIEWED AND APPROVED: .�,�..... ..�„
Aaron R. Wolfe; tjt—Attorney
2025-R-32 3
EXHIBIT A
Prepared by and return to:
Aaron R. Wolfe, Esquire
City of Edgewater
Post Office ice Box 100
Edgewater, FL 32132
Tax Parcel Number: a portion of 8424-00-00-003A
RIGHT-OF-WAY DEED
THIS RIGHT-OF-WAY DEED made this day of July, 2025, by FLORIDA
POWER & LIGHT COMPANY, a Florida corporation, whose address is P.O. Box 14000, Juno
Beach, Florida 33408 ("Grantor"), in favor of THE CITY OF EDGEWATER, a Florida municipal
corporation, whose address is 104 North Riverside Drive, Edgewater, Florida 32132 ("Grantee").
(Wherever used herein, the terms "Grantor" and "Grantee" include all the parties
to this instrument as so designated and the heirs, legal representatives and assigns
of individuals, and the successors and assigns of corporations of the parties.)
WITNESSETH, that, for and in consideration of the sum of Tell Dollars ($10.00), and
other good and valuable consideration, the receipt and sufficiency of which is acknowledged by
Grantor, Grantor does hereby remise, release, and quit claim unto Grantee all the right, title,
interest, claim and demand which Grantor has in and to that certain real property (hereinafter
referred to as the "Real Property") in VOILlsia County, Florida, more particularly described as
follows:
SEE EXHIBIT "A" ATTACHED HERETO.
TO HAVE AND TO HOLD, the same together with all and singular the appurtenances
thereto belonging or in anywise appertaining, and all the estate, right, title, interest, lien, equity
and claim whatsoever of Grantor, either in law or equity, for the use, benefit and behoove of
Grantee forever.
This conveyance is subject to all matters on the public record including, but not limited to,
all easements, encumbrances, liens, judgments, mortgages, restrictions, reservations, taxes and
assessments, matters of survey, parties in possession and limitations of record and to any road
right-of-ways applicable to said described Real Property; however, reference herein shall not re-
impose the same.
Grantor does hereby remise, release and quit claim this Real Property to Grantee for the
following purpose: dedication of 25 feet along Clinton Cemetery Road for development of
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Grantor's Ariel Substation. By acceptance of this deed, Grantee agrees that Grantee shall allow
this Real Property to be used for these purposes.
It is the intention of Grantor, by this instrument, to convey to Grantee, the Real Property
for use as a public street or highway. It is expressly provided that if and when said public street
or highway shall be lawfully and permanently discontinued, the title to the Real Property shall
immediately revert to Grantor, its successors and assigns, and it or they shall have the right to
immediately re -possess the same.
BY ACCEPTANCE HEREOF, GRANTEE ACKNOWLEDGES THAT THE REAL
PROPERTY IS ADJACENT TO REAL AND PERSONAL PROPERTY OWNED BY
GRANTOR AND USED BY IT AS A PUBLIC UTILITY CORPORATION OF THE STATE OF
FLORIDA, AND GRANTEE ACCEPTS THE CONVEYANCE OF THE REAL PROPERTY
WITH FULL KNOWLEDGE AND SUBJECT TO THE USE OF GRANTOR'S ADJACENT
LAND AND PERSONAL PROPERTY FOR SUCH PURPOSES OR ANY OTHER LEGALLY
AUTHORIZED USE.
Grantee, by acceptance of this deed, acknowledges that Grantor has not made, does not
make and specifically negates and disclaims any representations, warranties, promises, covenants,
agreements or guaranties of any kind or character whatsoever, whether express or implied, oral or
written, past, present or future regarding the Real Property. Grantee further acknowledges that to
the maximum extent permitted by law the transfer of the Real Property is made oil an "as is"
condition and basis with all faults.
[Signature and acknowledge appear on following page.]
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IN WITNESS WHEREOF, Grantor has signed and sealed these presents the day and year
first above written.
Signed, sealed and delivered in our presence:
Printed Name:
Address: 700 Universe Boulevard
Juno Beach. Florida 33408
Printed Name:
Address: 700 Universe Boulevard
Juno Beach, Florida 33408
STATE OF FLORIDA
COUNTY OF PALM BEACH
FLORIDA POWER. & LIGHT
COMPANY, a Florida corporation
By:
Name: Meier G. Wise
Title: Director of Corporate Real Estate
Sworn to (or affirmed) and Subscribed before me by means of 9 physical presence or El
online notarization, this _ day of July, 2025, by Meier G. Wise as Director of Corporate Real
Estate for Florida Power & Light Company, a Florida corporation, on behalf of the corporation.
(Signature of Notary Public - State of Florida)
(Print, Type, or Stamp Commissioned Name of Notary Public)
Personally Known X OR Produced Identification
Type of Identification Produced:
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IEXHIBIT "A"
Leizal Description of the Real Property
A STRIP OF LAND 25.00 FEET IN WIDTH BEING THE NORTH 25.00 FEET OF LANDS
DESCRIBED IN OFFICIAL RECORDS BOOK 61.63, PAGE 2732 OF THE PUBLIC
RECORDS OF VOLUSIA COUNTY, FLORIDA LYING IN SECTION 24, TOWNSHIP 18
SOUTH, RANGE 34 EAST, VOLUSIA COUNTY, FLORIDA, BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCE AT THE NORTHWEST, CORNER OF SAID SECTION 24; THENCE RUN
SOUTH 00"39'25" EAST ALONG THE WEST LINE OF THE NORTHWEST QUARTER OF
SAID SECTION 24 FOR A DISTANCE OF 1140.00 FEET; THENCE DEPARTING SAID
WEST LINE RUN NORT14 86"14'07" EAST FOR A DISTANCE OF 4408.69 FEET TO A
POINT ON THE WESTERLY RIGHT OF WAY LINE OF U.S. HIGHWAY NO. I (SOUTH
R:IDGEWOOD AVENUE) ACCORDING TO FLORIDA DEPARTMENT" OF
TRANSPORTATION RIGHT OF WAY ,A[ SECTION NUMBER 7901(112) 275; THENCE
RUN SOUTH 23"00'40" EAST ALONG SAID WESTERLY RIGHT OF WAY LINE FOR A
DISTANCE OF 898.64 FEET TO THE NORTHEAST CORNER OF SAID LANDS AND THE
POINT OF BEGINNING; THENCE CONTINUE SOUTH 23100'40" EAST ALONG SAID
WESTERLY RIGHT OF WAY LINE FOR ADISTANCE OF 26.75 FEET; THENCE
DEPARTING SAID WESTERLY RIGHT OF WAY LINE RUN SOUTH 8704826" WEST
PARALLEL WITH AMD 25.00 SOUTH OF (PERPENDICULAR MEASURE) THE NORTH
LINE OF SAID LANDS FOR A DISTANCE OF 318.25 TO THE WEST LINE OF SAID
LANDS; THENCE RUN NORTH 23100'40" WEST ALONG THE WESTLINE OF SAID
LANDS FOR A DISTANCE OF 2.6.75 FEET TO THE NORTHWEST CORNER OF SAID
LANDS; THEN RUN NORTH 87148'26" EAST ALONG THE NORTH LINE OF SAID
LANDS FOR A DISTANCE OF 318.25 FEET TO THE POINT OF BEGINNING.
CONTAINING 7,956 SQUARE FEET OR.] 8 ACRES MORE OR LESS.
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