2001-R-19RESOLUTION NO. 2001-R-19
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
EDGE WATER, FLORIDA, AUTHORIZING THE MAYOR TO
EXECUTE A CITY DEED IN FAVOR OF FLORIDA
DEPARTMENT OF TRANSPORTATION (FDOT) FOR CITY
OWNED RIGHT-OF-WAY ON THE CROSS STREETS
INTERSECTING WITH STATE ROAD #442; PARCEL #196.1
RELATES TO CITY OWNED RIGHT-OF-WAY LOCATED
AT THE LIBRARY SITE; PROVIDING FOR RECORDING
INTO THE PUBLIC RECORDS OF VOLUSIA COUNTY,
FLORIDA; PROVIDING FOR A CERTIFIED COPY OF THIS
RESOLUTION TO BE FORWARDED TO THE FLORIDA
DEPARTMENT OF TRANSPORTATION IN TALLAHASSEE,
FLORIDA; REPEALING RESOLUTIONS IN CONFLICT
HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the State of Florida Department of Transportation (FDOT) proposes to
construct or improve State Road No. 442, Section No. 79210-2504, in Volusia County, Florida; and
WHEREAS, it is necessary that certain lands now owned by the City of Edgewater, Florida,
be acquired by the State of Florida Department of Transportation; and
WHEREAS, said property is not needed for City purposes; and
WHEREAS, the State of Florida Department of Transportation has made application to the
City of Edgewater to execute and deliver to FDOT, a deed, or deeds, in favor of the State of Florida
Department of Transportation, conveying all rights, title and interest that said City has in and to said
lands required for transportation purposes and said request having been duly considered.
NOW, THEREFORE, be it resolved by the City Council of the City of Edgewater, Florida:
Section 1. The application of the State of Florida Department of Transportation for a deed,
or deeds, is for transportation purposes which are in the public or community interest and for public
welfare and the land needed for transportation purposes is not needed for City purposes; that a deed,
or deeds, in favor of the State of Florida Department of Transportation (FDOT) conveying all right,
2001-R-19
title and interest of City of Edgewater, Florida, in and to said lands should be drawn and executed
by the Mayor on behalf of the City Council, Edgewater, Florida.
Section 2. The original City Deed will be forwarded to the Clerk of Court for recording into
the Public Records of Volusia County, Florida.
Section 3. The City Clerk will provide a certified copy of this Resolution to the State of
Florida Department of Transportation located in Tallahassee, Florida.
Section4. All resolutions or parts of resolutions in conflict herewith be and same are hereby
repealed.
Section 5. This resolution shall take effect upon adoption.
After Motion byC� 4 andsecondby �/�✓^ ,
the vote on this resolution was as follows:
AYE NAY
Mayor Donald A. Schmidt
Councilman James P. Brown
�y
Councilman Dennis A. Vincenzi
P
Councilwoman Harriet E. Rhodes
Councilwoman Judy Lichter
2001-R-19 2
n
no
U
PASSED AND DULY ADOPTED this � day of September, 2001.
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
2001-R-19
CITY COUNCIL OF THE
CITY OF EDGEWATER, FLORIDA
sy: ��09"O'z /
Donald A. Schmidt
Mayor
Robin L. Ma[usick
Legal Assistant
Approved by the City Council of the City of
Edgewater at a meeting held on this /0
day of ,Gf,.4 , 2001 under
Agenda Item No. "ice'
03-BSD.05-02/99
October 1, 1999
This instrument prepared by
ALICIA CREW
under the direction of
GEORGE S. LOVETT, ATTORNEY
Department of Transportation
719 South Woodland Boulevard
DeLand, Florida 32720
PARCEL NO. 196.1
SECTION 79210-2504
F.P. NO. 240811 1
STATE ROAD 442
COUNTY: VOLUSIA
C I T Y D E E D
I
THIS DEED, made this ICE` day of 1'9g_ by the
CITY OF EDGEWATER, a municipality of the State of Florida, (ADDRESS
PRINT/TYPE): 5� `i 1 1 , grantor, to
the STATE OF FLORIDA DEPARTMENT OF T SPORTATION, grantee: (Wherever
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 organizations).
WITNESSETH: That the grantor, for and in consideration of the sum
of $1.00 and other valuable considerations, receipt and sufficiency
being hereby acknowledged, hereby grants, bargains, sells, aliens,
remises, releases, conveys and confirms unto the grantee, all that
certain land situate in Volusia County, Florida, viz:
PARCEL 196
THAT PART OF:
SECTION 79210-2504
F.P. NO. 240811 1
Lots 19,20,41 & 42, Block 2, of FLORIDA SHORES NO. 1, in
Section 2, Township 18 South, Range 34 East, as said lots are
shown on a plat of said subdivision, recorded in Map Book 23,
Page 57, of the current public records of Volusia County,
Florida, lying Northerly of State Road 442, being the a
portion of lands described in Official Records Book 2849, Page
1071, Public Records of Volusia County, Florida
described as follows:
COMMENCE the Northwest corner of Lot 48, Block 2, of the REVISION OF
FLORIDA SHORES NO. 1 as recorded in Map Book 19, Page 209, Public
Records of Volusia County, Florida; thence South 29*06128" East along
the West line of said Block 2 (as also shown on the plat of FLORIDA
SHORES NO. 1, recorded in Plat Book 23, Page 57, said Public Records)
and also being the Easterly right of way line of Banyan Drive (a 50 foot
right of way per said plat of FLORIDA SHORES NO. 1) a distance of 95.995
meters (314.95 feet) to the intersection of the existing Northerly right
of way line of State Road 442 (a 65 foot right of way as shown on the
Florida Department of Transportation right of Way Map, Section 79210-
2504) for the POINT OF BEGINNING; thence North W 56'23" East, along
said existing Northerly right of way line of State Road 442, a distance
of 76.231 meters (250.10 feet) to the intersection with the Westerly
right of way line of Alamanda Drive (a 50 foot right of way per said
plat of FLORIDA SHORES NO. 1); Thence departing said existing Northerly
right of way line, North 29°08154" West, along said Westerly right of
way line of Alamanda Drive, 20.574 meters (67.50 feet); Thence South
15°51'06" West, 10.552 meters (34.62 feet); Thence South 60°53150" West,
62.759 meters (205.90 feet); Thence North 74006128" West, 8.486 meters
(27.84 feet) to an intersection with said existing Easterly right of way
line of Banyan Drive (also being the Westerly line of said Lot 42);
Thence South 29`06'28" East, along said existing Easterly right of way
line, 19.050 meters (62.50 feet) to the POINT OF BEGINNING.
Containing 1042.8 Square Meters (11225 Square Feet), more or less.
PARCEL NO. 196.1
SECTION 79210-2504
F.P. NO. 240811 1
PAGE 2
THIS LEGAL DESCRIPTION PREPARED UNDER THE DIRECTION OF:
Dennis E. Elswick, P.S.M. No. 3190
Clary & Associates, Inc.
3830 Crown Point Road
Jacksonville, Florida, 32257
TOGETHER with all tenements, hereditaments and appurtenances
thereto belonging or in anywise appertaining.
TO HAVE AND TO HOLD, the same in fee simple forever.
IN WITNESS WHEREOF, the said grantor has caused these presents
to be executed in its name by its Mayor, and its seal to be hereto
affixed, attested by its City Clerk, the date first above written.
Signed, sealed and delivered in
the presence of: (Two witnesses
required by Florida Law,
PRINT/TYPE NAME BELOW SIGNATURE)
Lisa Bloomer
Debby Sigler
STATE OF FLORIDA
COUNTY OF Na.,�,,o„
THE CITY OF EDGEWATER, FLORIDA
I s Mayor
ATTEST:
Its City Clerk
The foregoing instrument was acknowledged before me this 1C+ h
day of .(ky �-F«.-�.1-0,. ) aj_, by T�i �n Yi C?_ Llr Amv : l i-
Mayor, who 1s personally known to me or who has produced
rn)n as 1 en ification.
PRINT/TYPE NAME:
Notary Public in and for the
County and State last aforesaid.
My Commission Expires:
Serial No., if any:
PURCHASE AGREEMENT
FORM 575-0Xp 7
RIGHT OF wav
OGc MW,,
P,.1 12
ITEM/SEGMENT NO.:
2408111
MANAGING DISTRICT:
5-79210-2504
F.A.P. NO.:
3281 005 P -- -
STATE ROAD NO.:
442
COUNTY:
Volusia
PARCEL NO.:
196
THIS AGREEMENT is made by and between:
hereinafter referred to as SELLER and the STATE OF FLORIDA for the use and benefit of the State of Florida Department of
Transportation, hereinafter referred to as PURCHASER.
WITNESSETH
For and in consideration of the mutual covenants and conditions herein contained, SELLER hereby agrees to sell and PURCHASER
hereby agrees to buy the following property or interest therein, upon the following terns and conditions:
I. DESCRIPTION
(a) A Real estate or interest therein, identified as parcel 196 and shown on Right of Way Maps for
ITEM/SEGMENT NO.: 2408111 incorporated herein by reference.
Fee Simple
L Permanent Easement (Section III. b) does not apply)
Temporary Construction Easement (Sections IIL(b), IIL(c) and IIL(d) do not apply)
-� Leasehold Interest (Sections IIL(b and c) do not apply)
(b) r I Personal property identified as follows:
(c) rl Outdoor Advertising structure identified by permit number: (Sections IIL(b and c) do not apply)
PURCHASE PRICE
(a) Amount to be paid by PURCHASER to SELLER
at closing including fees and costs.
(b) Amount to be paid by PURCHASER to SELLER
upon surrender of possession
(c) Itemized purchase price, fees and costs
I2-6rap.GQ
Land and Improvements
$-.{9;eee-m-
Real Estate Damages
(Severance/Cost-to-Cure)
$-147G96+86
Business Damages
$ 0.00
Attorney Fees
$
Appraiser Fees
$
ODA Structure
Others (Pau
$
TOTAL PURCHASE PRICE INCLUDING
FEES AND COSTS
__�96d6B00—
III. CONDITIONS AND LIMITATIONS
(a) It is mutually understood that this Purchase Agreement is executed by PURCHASER subject to final agency
acceptance. Final agency acceptance shall denote final approval of the purchase price and all terms and
conditions contained in this Purchase Agreement and constitutes the effective date of this agreement A closing on
this contract shall not be transacted prior to final agency acceptance. Notice of final agency acceptance shall be
evidenced by the signature of the Purchaser in Section VII herein and delivery to SELLER not sooner than 30 days
from the date of the negotiators signature in Section VI.
(b) SELLER is responsible for all taxes due and owing on the property as of the date of closing.
SELLER agrees that all current taxes for the year in which this agreement is made on the property acquired
shall be prorated and SELLER agrees to pay his and/or her share of said prorated taxes as of lye date of
closing.
SELLER agrees to pay all taxes for the current year.
FORM 575430a 7
j RIGHT OF WAY
OGC -OE9d
Peg• 2 of
(c) SELLER is responsible for delivering unencumbered title to PURCHASER at closing. Any sums which
PURCHASER must expend to Gear encumbrances shall be deducted at dosing from the purchase price shown in
Section II. Seller shall be liable for any existing encumbrances or any encumbrances arising after closing as a
result of actions of the seller. The terms of this sub -section shall survive the closing.
(d) Any extension of occupancy beyond the date of closing must be authorized by the PURCHASER in writing. During
the period from the date of closing until the SELLER surrenders possession to the PURCHASER, the SELLER
shall exercise diligent care in protecting the property from theft and vandalism. All property, whether real or
personal, included in this agreement shall be delivered to PURCHASER in the same condition existing as of the
effective date of this agreement, less any reasonable wear and tear.
(e) It is mutually understood that this property is necessary for transportation purposes and is being acquired under
threat of condemnation, pursuant to Section 337.27, Florida Statutes.
M 1 The outdoor advertising structure owner shall provide an executed ODA Permit Cancellation(s) (Form No.
575-070-12) executed by the permit holder(s) and shall surrender or amount for the outdoor advertising permit
tag(s) at or prior to receipt of payment for the ODA structure.
(g) Other: Ljcrr, rT.af It _ {s :tio 4A40MV,-0 -D 1. -
r 1
IV. CLOSING DATE
This transaction shall be closed and the instrument of conveyance delivered within 60 days of the date of final agency
acceptance.
This transaction shall be closed and the receipt of warrant acknowledgement delivered within 60 days of the date of
final agency acceptance.
V. TYPEWRITTEN OR HANDWRITTEN PROVISIONS
Typewritten or handwritten provisions inserted herein or attached hereto as Addenda, and initialed by all parties, shall
control all primed provisions In conflict therewith. All addenda, whether typewritten or handwritten, attached hereto must be
referenced and initialed in this section. In addition, all addenda must be signed by both the Seller and Purchaser.
There is is not an addendum to this agreement.
VI. IN WITNESS WHEREOF, THE SELLER(S) have mused these presents to be executed in their respective name(s).
SELLER: PURCHASER:
�TATE OF FLORIDA
DEPART ENT OF TRANSPORTATION
Ign re ` luhe
/der C 'J=Print)
- -- -
ame ( lease Type or Print)Social Security # / Federal Tax I.D. #
e
Signature__. _— __. __— - ..__.Date DATE:
Name (Please Type or PrinQ
Social Security # / Federal Tax LD. #
�CLTI
VII. FINAL AGENCY ACCEPTANCE
IN WITNESS WHEREOF, the District Right of Way Manager has mused these presents to be accepted this day of
_) District Right of Way Manager
Assistant District Right of Way Manager
_--- ----- ---- ---- --- (i District Production Director
District Secretary
RECYCLED PAPER