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98-R-04 ...... ...." RESOLUTION NO. 98-R-04 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EDGEW A TER, FLORIDA, GRANTING A 15 FOOT AERIAL EASEMENT FOR ELECTRICAL SERVICE TO THE MAINTENANCE BUILDING AT THE TURGOT AVENUE PARK; REPEALING RESOLUTIONS IN CONFLICT HEREWITH AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, the City Council acknowledges the need for electrical servIce to the maintenance building located at the Turgot Avenue Park; and WHEREAS, the City desires to establish a 15 foot aerial easement for Florida Power and Light Company to supply overhead electrical service to the Parks and Recreation maintenance building. NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Edgewater, Florida: Section 1. A 15 foot aerial utility easement is hereby established pursuant to the description contained in the Grant of Easement which is attached hereto and incorporated by reference as Exhibit "A". Section 2. The City of Edgewater hereby approves and grants Florida Power and Light Company a 15 foot aerial utilities easement as set forth in the Grant of Easement. Section 3. All resolutions or parts of resolutions in conflict herewith be and the same are hereby repealed. Section 4. This resolution shall take effect upon adoption. After Motion by Councilman Hammond and Second by Councilman Roberts, the vote on this resolution was as follows: Mayor Randy G. Allman AYE Councilman Jim Gornto AYE Councilman Myron F. Hammond AYE Councilman Gary W. Roberts AYE Councilwoman Judy Lichter AYE 98-R-04 1 PASSED AND DULY ADOPTED this 1st day of June, 1998. ATTEST: 98-R-04 CFPY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA B - -"� �6' 4Rdy G. Allman Mayor APPROVED FOR FORM AND CORRECTNESS: fi / / Nikki Clayton City Attorney ~ ......, GRANT OF EASEMENT Work Order No. 2150-01-119 Section 33, Township 17 S, Range 34 E The undersigned does hereby grant and give to Florida Power and Light Company, its licensees, agents, successors, and assigns, a non-exclusive easement along, under, over and across certain real property located in V olusia County, Florida, for the construction, operation and maintenance of overhead and underground electric utility facilities (including wires, poles, guys, cables, conduits and appurtenant equipment) to be installed from time to time; with the right to reconstruct, improve, r add to, enlarge, change the voltage, as well as, the size of and remove such facilities or any of them , within the easement, 15 feet in width described as follows: A 15 foot Aerial Utility Easement described as follows: A portion of the Southwest 1/4 of the Southwest 1/4 of Section 33, Township 17 South; Range 34 East and being more particularly described in the Survey and Sketch prepared by Daniel W. Cory on March 25, 1998 and attached hereto and made a part hereof as Exhibit "A". Said 15 foot wide easement lying contiguous to and coincidental with the West Right-of-Way line of Turgot Avenue. The City reserves the right to permit any other person, firm or corporation to attach wires to any facilities hereunder and lay cable and conduit within the easement and to operate the same for communications purposes; the right of ingress and egress to said premises at all times; the right to clear the land and keep it cleared of all trees, undergrowth and other obstructions within the easement area; to trim and cut and keep trimmed and cut all dead, weak, leaning or dangerous trees or limbs outside of the easement area which might interfere with or fall upon the lines or systems of communications or power transmission or distribution; and further grants, to the fullest extent the undersigned has the power to grant, if at all, the rights herein above granted on the land heretofore described, over, along, under and across the roads, streets or highways adjoining or through said property. It is expressly understood and agreed that the terms, covenants and conditions of this Easement shall be and constitute covenants running with and binding upon the premises described herein and shall constitute an obligation on said premises regardless of title or ownership thereof and regardless of any future change which may take place therein. IN WITNESS WHEREOF, the undersigned has signed and sealed this instrument on ~( Ln DJ '-J , 1998 pursuant to Council action on June 1, 1998. ATTEST: CITY COUNCIL OF THE CITYOFED WATE, ~~ Susan J. W sworth City Clerk L-- Dated: ~ (J..fU..J 0, I q q 8 APPROVED FOR FORM AND CORRECTNESS: /41f:c'aS~ City Attorney (AgreemntJFPlrEasement- Turgot- 26 acres ) May 11, 1998 ........ ...."" EXHIBIT "A" SKETCH OF DESCRIPTION 15 Foot Aerial Utility Easement for Florida Power and Light Company LEGAL DESCRIPTION: A portion of the Southwest i of the Southwest i of Section 33, Township 17 South; Range 34 East and being more particularly described as follows: Commence at the Northeast corner of the Southwest i of the Southwest i of Section 33, Township 17 South; Range 34 East; thence SOlo 10' 05" E along the East line of the said Southwest i of the Southwest i, Section 33, a distance of 259.60 feet for the POINT OF BEGINNING; thence continue SOlo 10' 05" E, a distance of 16.48 feet; thence S 640 21' 24" W, a distance 103.44 feet; thence S 260 15' 29" W, a distance of 22.77 feet; thence N 630 44' 31" W, a distance of 17.85 feet; thence S 640 21' 24" W, a distance of 16.35 feet; thence N 250 38' 36" W, a distance of 20.85 feet; thence N 630 44' 31" W, a listance of 208.80 feet; thence S 330 24' 00" W, a distance of 12.38 feet; thence N 560 36' 00" W, a distance of 15.00 feet; thence N 330 24' 00" E, a distance of 10.50 feet; thence N 630 44' 31" W, a distance of 14.50 feet; thence N 260 15' 29" E, a distance of 15.00 feet; thence S 630 44' 31" E, a distance of 16.38 feet; thence N 330 24' 00" E, a distance of 141.04 feet; thence S 560 36' 00" E, a distance of 15.00 feet; thence S 330 24' 00" W, a distance of 139.16 feet; thence S 630 44' 31" E, a distance of 226.12 feet; thence N 640 21' 24" E, a distance of 131.90 feet to the Point of Beginning. See Sheet 2 of 3 for survey report, legend, abbreviations and certification See Sheet 3 of 3 for graphic location of the above described pro~erty Prepared by: March 25, 1998 Daniel W. Cory Surveyor, Inc. JeTO Canal Street New Smyrna Beach, FL 32168 WO #98-03-013 File #3001B ~Utf,1 1 O~ J:; ,... 'wi SURVEY REPORT: 1. Sketch of description only, not an actual boundary survey. 2. Legal description prepared by the undersigned at request of client. 3. Bearings are assumed and based on the North line of the Southwest * of the Southwest * as being N 880 46' 33" E. 4. Subject to restrictions, reservations, limitations, easements and rights of way, if any, appearing of record. , 5. Underground utilities and features not located. 6. This sketch prepared without the benefit of an abstract and no title work has been performed or provided to this surveyor. 7. This sketch is subject to any facts that may be disclosed by a full and accurate title search. 8. Not valid without the signature and the original raised seal of a Florida licensed surveyor and mapper. 4"'~1 "l. Of ~ TYPE DATE . W. O. ~ P. C. CALC. DRF. CKD. BOUNDARY SURVEY FOUNDATION SURVEY F I HAL SURVEY RECERTIFICATION SURVEY TOPOGRAPH I C SURVEY SKETcH Of DESCRIPTION 0"7- "Z~.q~ qg. D'? DI'1, fE.)p )~L A'- D.lAl.C. SPECIFIC PURPOSE SURVEY LEGEND & ABBREV I A T IONS . depotes 5~~' IRON ROD HI P. R. H. PERMANENT REFERENCE CA 'LB.2 g' 6 DEL TA (P) PLAT MONUMENT uniess otherwise noted R RAD I US (0) DESCR I PTI ON P. C. P. PERMANENT CONTROl 0 denotes IRON PIPE POINT unJege otherwIse noted L ARC LENGTH ( M) MEASURED 0"" POWER POLE denotes COHCRf:TE C CHORD ( C) CALCULATED MOWMENT oju OVERHEAD UTILITIES CB CHORO BEAR I NG (PRl PRORATED o CONCRETE T TANGENT ( R) RECORD ( R) Alc AIR CONDITIONER RADIAL ( GJ GRID EMT ELEC!RICAL METAL CONDUIT (NR) NON-RAe I AL ClF CHAIN-LINK FENCE P. O. B. PO~NT OF FND FOUND (NT) NON~TANGENT BE INNING BWF BARBED-HIRE FENCE AfC RECOVERED P. O. C. POINT Of AC. ACRES COMMENCEMENT N. G. V.D. NATIONAL GEODETIC VERTICAL DATUH ENC. ENCROACHMENT PC POINT OF * NOT SUBSTANTIAAED U. S. Co &G. S. UNITED STATES COAST & GEODETIC SURVEY ClJRV A TURf: BY FIELD HEASU EHENT RIH RIGHT-Of-HAY C. C. C. L. COASTAL CONSTRUCTION CONTROl LINE PT POINl OF T. B. M. TEMPORARY BENCHMARK <i:. CENTERLINE D. N. R. DEPARTMENT OF NATURAL RESOURCES F. I. R. M. FLOOD INSURANCE RATE MAP TANG NCY .09 EXISTING ELEVATION arz11ACA1t ~ AV1HatlZ.AlI~ ,JvM~ U? -v5qq THIS PROPERTY IS LOCATED IN F. I. R. M. ZONE (8) --"'VA.-- THIS LOCATION IS DETERMINED BY SCALING FROM F.I.R.M. I hereby certify that this sketch ofcftW/"t1ol1 of the subject property is true and correct to the best of my know/edge. i,.f'f()rmation and belief as ,/~pD.("eci under my supervision on the dates shown hereon. I further certify that this sketch ofdt'SU/yk.IDf!, meets the minimum technical standards set forth in F.A. C. Rule 61 G 17-6, adopted by the Florida Board of - .ofessional '5o)(I(~'(()(.,..fI.J. M~I'fU'? p u rsua n t to Florida Jtutes Ch. 472. 027. subject to the qualifications noted hereon. COMMUNITY PANtL ~________________________________________ HAP REVISED APPROXIMlTI: SCAI ~ I' . DANIEL W. CORY Surv:yor, Inc. -=-0 300 CANAL STREET NEW SMYRNA BEACH, FLORIDA 321118 / (904) 427-9575 ~.: VaA" DANIEL W. CORY P. L. S. NO~027 JEFFREY W. CORY P. L. S. NO. 4139 PREPARED FOR: ~~J~~~~~ SCALE P . 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V .q.- ~~ Ii ~~~ ~1 ~ ""(} ~ ~ .., ~~ i:-cl ~ ~I o !' {) \: ~ 1 ci ~ >- f:;: ~ ~ -:2 S:Il ~ :3 \S' 1 March 25, 1998 ~ . /lA}: ~ Prepared by: ~. ..L/~' Daniel W. Cory FRSilf202- 1 Daniel W. Cory Surveyor, Inc. 300 Canal Street New Smyrna Beach, FL 32168 WO #98-03-013 File #3001B See Sheet 1 of 3 for legal description See Sheet 2 of 3 for survey report, legend abbreviations and certification 4U~1 "? a~ "?