2001-R-1500 00
RESOLUTION NO. 2001-R-15
M
N� A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
EDGEWATER FLORIDA,AUTHORIZINGTHEMAYORTO
EXECUTE A PERPETUAL EASEMENT IN FAVOR OF
FLORIDA DEPARTMENT OF TRANSPORTATION (FDOT)
c c FOR CITY OWNED CANAL RIGHT-OF-WAYS THAT
o �Y N INTERSECT WITH STATE ROAD #442 (AIR PARK ROAD);
i Q D PARCEL #823.1; PROVIDING FOR RECORDING INTO THE
m Q qj PUBLIC RECORDS OF VOLUSIA COUNTY, FLORIDA;
oSWC1 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 an easement across certain lands now owned by the City
of Edgewater, Florida, be acquired by the State of Florida Department of Transportation; and
N(. WHEREAS, said use is in the best interest of the City; and
WHEREAS, the State of Florida Department of Transportation has made application to the
City of Edgewater to execute and deliver to FDOT, a perpetual easement, or easements, in favor of
the State of Florida Department of Transportation, for the purpose of constructing and maintaining
outfall and drainage ditches and drains, and said request having been duly considered.
NOW, THEREFORE, be it resolved by the City Council ofthe City of Edgewater, Florida:
Section 1. The application of the State of Florida Department of Transportation for a
perpetual easement, or easements, is for transportation purposes which are in the public or
community interest and for public welfare; that a perpetual easement, or easements, in favor of the
State of Florida Department of Transportation (FDOT) in the City of Edgewater, Florida, should be
2001-R-15
C� G�
drawn and executed by the Mayor on behalf of the City Council, Edgewater, Florida.
Section 2. The original Perpetual Easement will be forwarded to the Clerk of Court for
recording into the Public Records of Volusia County, Florida.
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Section 3. The City Clerk will provide a certified copy of this Resolution to the State of
114
N
0lP Florida Department of Transportation located in Tallahassee, Florida.
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WCL Section4. All resolutions orparts ofresolutions in conflict herewith be and same are hereby
repealed.
Section 5. This resolution shall take effect upon adoption.
After Motion byP R,4J— and Second by Cns.�;4—&-
the vote on this resolution was as follows:
AYE
Mayor Donald A. Schmidt
Councilman James P. Brown
Y
Councilman Dennis A. Vincenzi
Councilwoman Harriet E. Rhodes
_
Councilwoman Judy Lichter
2001-11-15 2
NAY
o° 00
0
Y PASSED AND DULY ADOPTED this 16Ta day of July, 2001.
C` CO iu
+-INY
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-15
CITY COUNCIL OF THE
CITY OF EDGEWATER, FLORIDA
;L&
Donald A. Schmidt
Mayor
Robin L. Matusici
Legal Assistant
Approved by the City Council of the City of
Edgewater at meeting held on this 1,
day of 2001 under
Agenda Ite o. 4 b
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07-PE. 13-02/99
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October 4, lent
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This instrument prepared by
S
ALICIA CREW
under the direction of
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GEORGE S. LOVETT, ATTORNEY
Department of Transportation
719 South Woodland Boulevard
.j
DeLand, Florida 32720
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PARCEL NO. 823.1
SECTION 79210-2504
F.P. NO. 240811 1
STATE ROAD 442
COUNTY: VOLUSIA
PERPETUAL EASEMENT
v
THIS EASEMENT made this n�hday of July
, 2001 by
the
,
CITY OF EDGEWATER, a municipality of the State of Florida, (ADDRESS
PRINT/TYPE) : n a.... inn rdge ,ate Pr 47119-10
n , grantor(s) ,
to
the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION,
its successors
and
assigns, grantee.
WITNESSETH: That the grantor for and in consideration of the sum
of One Dollar and other valuable considerations paid, the receipt and
sufficiency of which is hereby acknowledged, hereby grants unto the
grantee, its successors and assigns, a perpetual easement for the
purpose of clearing, excavating, constructing and maintaining
exclusively, a maintenance road and storm drains, with all such fills,
cuts, drains, ditches and other incidents which the grantee may deem
necessary or convenient in connection therewith in, over, under, upon
and through the following described land in Volusia County, Florida,
viz:
PARCEL 823 SECTION 79210-2504
F.P. NO. 240811 1
)10 STORM SEWER & RIGHT(SOUTH) STATION 36+75t
MAINTENANCE ROAD
EASEMENT
THAT PART OF:
Lot 40, of the Assessor's Subdivision of Samuel Betts Grant,
as said lot is shown on a plat of said subdivision, recorded
in Map Book 3, Page 153, in Section 38, Township 18 South,
Range 34 East, Volusia, County, Florida,
BEING the lands described and recorded in Official Records
Book 321, Page 335, Public Records of Volusia County, Florida,
described as follows:
COMMENCE at the Northeast corner of said Lot 40; Thence South 69036-411,
West, along the Northerly line of Lot 40 (also being the Southerly line
of 39) a distance of 6.897 meters (22.63 feet) to the POINT OF
BEGINNING; Thence continue South 69°36141" West, along said Northerly
line 9.384 meters (30.79 feet); Thence departing said Northerly line of
Lot 40, South 07°24-53" East, 10.959 meters (35.95 feet); Thence South
23025147/1 East, 171.285 meters (561.96 feet) to the intersection with
the Southerly line of said Lot 40; Thence North 69*33155-1 East, along
said Southerly line, 9.156 meters (30.04 feet); Thence departing said
Southerly line of Lot 40, North 23*2514700 West, 170.477 meters (559.31
feet); Thence North 07*2415311 West, 11.780 meters (38.65 feet) to the
POINT OF BEGINNING
Containing 1666.5 Square Meters (17,938 Square feet), more or less.
O�
40
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N.MLOD
PARCEL NO. 823.1
SECTION 79210-2504
F.P. NO. 240811 1
PAGE 2
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THIS LEGAL DESCRIPTION
PREPARED UNDER
THE DIRECTION OF:
g
Dennis E. Elswick, P.S.M. No. 3190
Clary & Associates, Inc.
�. 3830 Crown Point Road
Jacksonville, Florida,
32257
TO HAVE AND TO HOLD the same unto said grantee, its successors and
assigns 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
r .red by Florida Law, PRINT/TYPE
BELOW 8I ATOR-�
a I C Ici �% Iok�OV'1
STATE OF FLORIDA
COUNTY OF VOLUSIA
THE CITY OF EDGGEEIW/(A�TER,, FLORIDA
By:...y ,.�.
Donald A. Schmi
Its Mayor a*wt
a*.A
ATTEST: —
Susan J. S
Its City C.
The foregoing instrument was acknowledged before me this 14
day of .T,,11, 1 2001 , by — DONALD A. SCHMIDT ,
Mayor, who is personally known to me joxx WF1XkI96XR7C xG I
as identification.
PRINT/TYPE NAME: Robin I._ Matugick
Notary Public in and for the
County and State last aforesaid.
My Commission Expires:
Serial No., if any: