2001-R-14b O
RESOLUTION NO. 2001-R-14
*v+ 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)
FOR CITY OWNED CANAL RIGHT-OF-WAYS THAT
o Y INTERSECT WITH STATE ROAD #442 (UMBRELLA TREE,
LIME TREE, FERN PALM AND QUEEN PALM); PARCEL
o �0�#820.1R; 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 an easement across certain lands now owned by the City
of Edgewater, Florida, be acquired by the State of Florida Department of Transportation; and
WHEREAS, said use is in the best interest of the City; and
16 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 of the 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 we 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-14
0 0
drawn and executed by the Mayor on behalf of the City Council, Edgewater, Florida.
h N Section 2. The original Perpetual Easement will be forwarded to the Clerk of Court for
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C• 17 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
00 Florida Department of Transportation located in Tallahassee, Florida.
ON
Oro
M CL Section 4. All resolutions orparts ofresolutions in conflictherewith be and same are hereby
repealed.
Section 5. This resolution shall take effect upon adoption.
After MotionbyCr�..+l..-.- /C.LI and Second by C.�•---�...s-�' ,
the vote on this resolution was as follows:
Mayor Donald A. Schmidt
Councilman James P. Brown
Councilman Demos A. Vincenzi
Councilwoman Harriet E. Rhodes
Councilwoman Judy Lichter
2001-R-14 2
AYE NAY
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�y
I
Y
D
PASSED AND DIII.Y ADt1PTED this 16ra day of July, 2001.
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-14
101
CITY COUNCIL OF THE
CITY OF EDGEBW/fA/TERR, FLORIDA
Donald A. Schmidt
Mayor
Robin L. Matusick -r
Legal Assistant
Approved by the City Council of the City of
Edgewater t a meeting held on this /
day of , 2001 under
Agenda I m o. D
07-PE13-11/00
June 21, 2001
This instrument prepared by
ALICIA CREW
Under the direction of
GEORGE S. LOVETT, ATTORNEY
Department of Transportation
719 South Woodland Boulevard
De Land, Florida 32720-6834
PARCEL NO. 820.1R
SECTION 79210-2504
F.P. NO. 240811 1
STATE ROAD 442
COUNTY VOLUSIA
PERPETUAL EASEMENT
THIS EASEMENT made this gill, day of July 2001 ,
by
the CITY OF EDGEWATER, a municipality of the State of Florida, (ADDRESS
PRINT/TYPE): P. O• Box 100, Edgewater FL 32132-0100antor(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 outfall
and drainage ditches and 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 820 SECTION 79210-2504
F.P. NO. 240811 1
DRAINAGE EASEMENT
,10
PART A) LEFT (NORTH) STATION 45+10±
THAT PART OF:
The East 25 feet of Lots 2082 & 2083, Block 121, of FLORIDA
SHORES NO. 3, in Section 3, Township 18 South, Range 34 East,
as said lots are shown on a plat of said subdivision, recorded
in Map Book 23, Page 83, of the current public records of
Volusia County, Florida, lying Northerly of State Road 442,
BEING a portion of lands described and recorded in Official
Records Book 658, page 232, Public Records of Volusia County,
Florida,
described as follows:
COMMENCE at 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), and
the existing Easterly right of way line of Umbrella Tree Drive, (a 50
foot right of way per plat of FLORIDA SHORES UNIT NO. 5 as recorded in
Map Book 23, Page 107 of the current public records of said County );
Thence North 68047116/1 East along said existing Northerly right of way
line of State Road 442, a distance of 30.787 meters (101.01 feet) for
the POINT OF BEGINNING; Thence continue North 68°47'1611 East along said
existing Northerly right of way line of State Road 442, a distance of
7.321 meters (24.02-feet) to an intersection with the Easterly line of
said lot 2082; Thence North 21°12'll" West, along the Easterly line of
said lots 2082 & 2083, a distance of 19.964 meters (65.50 feet); Thence
South 68047116/1 West, parallel to said existing Northerly right of way
line of State Road 442, a distance of 7.324 meters (24.03 feet); Thence
1�
PARCEL NO.
820.1R
.SECTION
79210-2504
F.P. NO.
240811 1
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PAGE 2
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South 21°12'44" East, 19.964 meters (65.50 feet) to the POINT OF
BEGINNING.
Y m Containing
Q � g 146.2 Square Meters (1573 Square Feet), more or less.
CIO
Qa(L AND:
PART B) RIGHT (SOUTH) STATION 45+10+
THAT PART OF:
The East 25 feet of Lots 4040 & 4041, Block 120, of FLORIDA
SHORES UNIT NO. 5, in Section 3, Township 18 South, Range 34
East, as said lots are shown on a plat of said subdivision,
recorded in Map Book 23, Page 107, of the current public
records of Volusia County, Florida, lying Southerly of State
Road 442,
BEING a portion of the lands described and recorded in
Official Records Book 658, page 232, Public Records of Volusia
County, Florida,
described as follows:
COMMENCE at the intersection of the existing Southerly 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), and
the existing Easterly right of way line of Umbrella Tree Drive, (a 50
foot right of way per said plat of FLORIDA SHORES UNIT NO. 5); Thence
North 68048102" East, along said existing Southerly right of way line of
State Road 442, a distance of 30.452 meters (99.91 feet) to the West
line of the East 7.620 meters (25.00 feet) of said Lot 4041; Thence
South 21°12107" East along last said West line 7.678 meters (25.19 feet)
for the POINT OF BEGINNING; Thence continue South 21"12107" East, 10.516
meters (34.50 feet); Thence North 68048154" East, 7.620 meters (25.00
feet) to an intersection with the Easterly line of said lot 4040; Thence
North 21012107" West, along the Easterly lines of said lots 4040 & 4041,
a distance of 10.516 meters (34.50 feet); Thence South 68048-54" West,
7.620 meters (25.00 feet) to the POINT OF BEGINNING.
Containing 80.1 Square Meters (863 Square Feet), more or less.
AND:
PART C)
THAT PART OF:
LEFT (NORTH)
STATION 48+75±
The East 25 feet of Lots 1698 & 1699, Block 79, of FLORIDA
SHORES NO. 3, in Section 3, Township 18 South, Range 34 East,
as said lots are shown on a plat of said subdivision, recorded
in Map Book 23, Page 83, of the current public records of
Volusia County, Florida, lying Northerly of State Road 442,
being a portion of the lands described and recorded in
Official Records Book 658, page 232, Public Records of Volusia
County, Florida,
described as follows:
COMMENCE at 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), and
the existing Easterly right of way line of Queen Palm Drive, (a 50 foot
right of way per said plat of FLORIDA SHORES NO. 3); Thence North
68°52119" East along said existing Northerly right of way line of State
Road 442, a distance of 30.558 meters (100.26 feet) for the POINT OF
1
PARCEL N0. 820.1R
.SECT.ION 79210-2504
F.P. NO. 240811 1
PAGE 3
T') K)
f• J
%Tn BEGINNING; Thence continue North 68°52'19" East along said existing
Northerly right of way line of State Road 442, a distance of 7.620
Y m meters (25.00 feet) to an intersection with the Easterly line of said
Q g lot 1698; Thence North 21°11121" West, along the Easterly line of said
Q Q lots 1698 & 1699, a distance of 13.868 meters (45.50 feet); Thence South
M (L 68°52119" West, parallel with said existing Northerly right of way line
of State Road 442, a distance of 7.620 meters (25.00 feet); Thence South
21°11121" East, 13.868 meters (45.50 feet) to the POINT OF BEGINNING.
Containing 105.7 Square Meters (1138 Square Feet), more or less.
AND:
PART D)
Y44Itl��l�:\;yiiN3!
LEFT (NORTH)
STATION 53+30+
The East 25 feet of Lot 1084, Block 36, FLORIDA SHORES NO. 2
(Revised Plat) in Section 3, Township 18 South, Range 34 East,
as said lot is shown on a plat of said subdivision, recorded
in Map Book 23, Page 103, of the current public records of
Volusia County, Florida, lying Northerly of State Road 442,
being a portion of the lands described and recorded in
Official Records Book 658, page 232, Public Records of Volusia
County, Florida,
described as follows:
COMMENCE at 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), and
the existing Easterly right of way line of Lime Tree Drive (a 50 foot
right of way per said plat of FLORIDA SHORES UNIT NO. 2 (Revised Plat);
Thence North 68°49137" East, along said existing Northerly right of way
line of State Road 442, a distance of 30.414 meters (99.78 feet) for the
POINT OF BEGINNING; Thence continue North 68049137" East, along said
existing Northerly right of way line of State Road 442, a distance of
7.620 meters (25.00 feet) to the intersection with the Easterly line of
said Lot 1084; Thence departing said Northerly right of way line of
State Road 442, North 21°10'22" West, along said Easterly line of Lot
1084, a distance of 11.582 meters (38.00 feet); Thence South 68°49'37"
West, parallel with said existing Northerly right of way line of State
Road 442, a distance of 7.620 meters (25.00 feet) to the West line of
the East 7.620 meters (25.00 feet) of said Lot 1084; Thence South
21010'22" East, along said West line, 11.582 meters (38.00 feet) to the
POINT OF BEGINNING.
Containing 88.3 Square Meters (950 Square Feet), more or less.
AND:
PART E) RIGHT (SOUTH) STATION 53+30t
THAT PART OF:
The East 25 feet of Lots 1082 and 1083, Block 35, FLORIDA
SHORES UNIT NO. 2 (Revised Plat) in Section 3, Township 18
South, Range 34 East, as said lots are shown on a plat of said
subdivision, recorded in Map Book 23, Page 103, of the current
public records of Volusia County, Florida, lying Southerly of
State Road 442, being a portion of the lands described and
recorded in Official Records Book 658, page 232, Public
Records of Volusia County, Florida,
described as follows:
Ck
PARCEL NO. 820.1R
,SECTION 79210-2504
E.P. NO. 240811 1
rqM PAGE 4
hQ
COMMENCE at the intersection of the existing Southerly right of way line
of State Road 442 (a 65 foot right of way as shown on the Florida
Y Department of Transportation Right of Way Map, Section 79210-2504) and
the existing Easterly right of way line of Lime Tree Drive (a 50 foot
010 right of way per said plat of FLORIDA SHORES UNIT NO. 2 (Revised Plat));
M(L Thence North 68°46'06" East, along said existing Southerly right of way
line of State Road 442, a distance of 30.477 meters (99.99 feet) to the
West line of the East 7.620 meters (25.00 feet) of said Lot 1083; Thence
departing said Southerly right of way line of State Road 442, South
21'08'53" East, along said West line 8.536 meters (28.01 feet) for the
POINT OF BEGINNING; Thence continue, South 21008'53" East, along said
West line, 9.449 meters (31.00 feet); Thence North 68°48'54" East, 7.620
meters (25.00 feet) to the intersection with the Easterly line of said
Lot 1082; Thence North 21008'53" West, along the Easterly line of said
Lots 1082 and 1083, a distance of 9.449 meters (31.00 feet); Thence
South 68°48154" West, 7.620 meters (25.00 feet) to the POINT OF
BEGINNING.
Containing 72.0 Square Meters (775 Square Feet), more or less.
AND:
PART F) RIGHT (SOUTH) STATION 58+30t
THAT PART OF:
The East 25 feet of Lots 364 & 365, Block 12, 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 Southerly of State Road 442,
being a portion of the lands described and recorded in
Official Records Book 658, page 232, Public Records of Volusia
County, Florida,
described as follows:
COMMENCE at the intersection of the existing Southerly 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) and
the existing Easterly right of way line of Fern Palm Drive, (a 50 foot
right of way per said plat of FLORIDA SHORES NO. 1); Thence North
60°53150" East, along said existing Southerly right of way line of State
Road 442, a distance of 30.595 meters (100.38 feet) to the West line of
the East 7.620 meters (25.00 feet) of said Lot 365; Thence departing
said existing Southerly right of way line, South 29009146" East, along
said West line, 2.864 meters (9.40 feet) for the POINT OF BEGINNING;
Thence continue South 29009146" East, along said West line, 12.000
meters (39.37 feet); Thence North 60°53150" East, 7.620 meters (25.00
feet) to an intersection with the Easterly line of said lot 364; Thence
North 29°09146" West, along the Easterly line of Lots 364 and 365,
12.000 meters (39.37 feet); Thence South 60053'50" West, 7.620 meters
(25.00 feet) to the POINT OF BEGINNING.
Containing 91.4 Square Meters (984 Square Feet), more or less.
AND:
PART G) RIGHT (SOUTH) STATION 48+75x
The East 25 feet of Lots 3516 & 3517, Block 78, of FLORIDA
SHORES NO. 5, in Section 3, Township 18 South, Range 34 East,
as said lots are shown on a plat of said subdivision, recorded
in Map Book 23, Page 107, of the current public records of
Volusia County, Florida, lying Southerly of State Road 442,
being a portion of the lands described and recorded in
PARCEL NO. 820.1R
SECTION 79210-2504
F.P. NO. 240811 1
E-a) PAGE 5
E- 1
1 r) Official Records Book 658, page 232, Public Records of Volusia
County, Florida,
SC m
0 D described as follows:
oa
Md COMMENCE at the intersection of the existing Southerly 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), and
the existing Easterly right of way line of Queen Palm Drive, (a 50 foot
right of way per said plat of FLORIDA SHORES NO. 3); Thence North
68°48124" East along said existing Southerly right of way
line of State Road 442, a distance of 30.487 meters (100.02 feet) to the
West line of the East 7.620 meters (25.00 feet) of said Lot 3517; Thence
South 21°11128" East, along said West line, 8.576 meters (28.14 feet)
for the POINT OF BEGINNING; Thence North 68048-5411 East, 7.620 meters
(25.00 feet) to a point on the Easterly line of said Lot 3517; Thence
South 21°11128" East, along said Easterly line, 10.300 meters (33.79
feet); thence South 68*48154" West, 7.620 meters (25.00 feet) to the
West line of the East 7.620 meters (25.00 feet) of said Lot 3516; Thence
North 21011128-1 West, along said West line of Lots 3516 and 3517, a
distance of 10.300 meters (33.79 feet) to the POINT OF BEGINNING.
Containing 78.5 Square Meters (845 Square Feet), more or less.
Containing in the aggregate 662.2 Square Meters (7128 Square Feet), more
or less.
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
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
required by Florida Law, PRINT/TYPE
N BELOW SIG TORE)
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THE CITY OF EDGEWATER, FLORIDA
By
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PARCEL NO.
820.1R
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Doc
SECTION
79210-2504
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F.P. NO.
240811 1
PAGE 6
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MEWL%
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STATE OF FLORIDA
x
COUNTY OF
VOLUSIA
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The foregoing instrument
was acknowledged
before me
this
JL04"I day
of July
2001
, by DONALD A.
SCHMIDT ,
Mayor, who is
personally
4" +
known to me
•
o�wli-s
-y
_
PRINT/TYPE
1 l d
NAAME -Rnhin
T. Ma ;c: k
Notary Public
in and
for the
County and
State last
aforesaid.
My Commission
Expires:_
Serial No.,
if any:
1ri„uuuw,•.
_gip L*LMh„'� !1y