2001-R-13O O
RESOLUTION NO. 2001-R-13
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
EDGEWATER, FLORIDA, AUTHORIZING THE MAYORTO
EXECUTE A CITY DEED IN FAVOR OF FLORIDA
DEPARTMENT OF TRANSPORTATION (FOOT) FOR CITY
OWNED CANAL RIGHT-OF-WAY THAT INTERSECTS
o m WITH STATE ROAD #442 (UMBRELLA TREE, LIME TREE,
FERN PALM AND QUEEN PALM); PARCEL #193.1;
PROVIDING FOR RECORDING INTO THE PUBLIC
o S t77 - 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 CityofEdgewater, 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-13
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title and interest of City of Edgewater, Florida, in and to said lands should be drawn and executed
C„ by the Mayor on behalf of the City Council, Edgewater, Florida.
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P Q Section 2. The original City Deed will be forwarded to the Clerk of Court for recording into
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r the Public Records of Volusia County, Florida.
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0 0 Section 3. The City Clerk will provide a certified copy of this Resolution to the State of
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0z I Florida Department of Transportation located in Tallahassee, Florida.
Section 4. All resolutions orparts ofresolutions in conflict herewith be and same are hereby
repealed.
Section 5. This resolution shall take effect upon adoption.
After Motion by ..-- LJ, and Second by
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the vote on this resolution was as follows:
AYE NAY
Mayor Donald A. Schmidt
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Councilman James P. Brown
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Councilman Dennis A. Vincenzi
Councilwoman Harriet E. Rhodes
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Councilwoman Judy Lichter
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2001-R-13 2
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PASSED AND DULY ADOPTED this 16" day of July, 2001.
Susan J.:adsworth
.� City ('jerk
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-13
Q
CITY COUNCIL OF THE
CITY OF EDGEWATER, FLORIDA
By:
Donald A. Schmidt
Mayor
Robin L. Matusick
Legal Assistant
Approved by the City Council of the City of
Edgewater t a meeting held on this /i
day of 2001 under
Agenda I m o _ 6�,.
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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. 193.1
SECTION 79210-2504
F.P. NO. 240811 1
STATE ROAD 442
COUNTY: VOLUSIA
C I T Y D E E D
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THIS DEED, made this ",,, 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 3213 -0100 , grantor, to
the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, 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 193
PART A)
THAT PART OF:
SECTION 79210-2504
F.P. NO. 240811 1
The East 25 feet of Lot 4041, Block 120, of FLORIDA SHORES UNIT NO. 5,
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 107, of the
current public records of Volusia County, Florida, lying Southerly 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 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 68°48102" East, along said existing Southerly right of way line of
State Road 442, a distance of 30.452 meters (99.91 feet) for the POINT
OF BEGINNING; Thence continue North 68°48'02" East, along said existing
Southerly right of way line of State Road 442, a distance of 7.620
meters (25.00 feet) to an intersection with the Easterly line of said
lot 4041; Thence departing said existing Southerly right of way line,
South 21*12007" East, along said Easterly line, 7.680 meters (25.20
feet); Thence South 68°48'54" West, 7.620 meters (25.00 feet); Thence
North 21°12107" West, 7.678 meters (25.19 feet) to the POINT OF
BEGINNING.
Containing 58.5 Square Meters (630 Square Feet), more or less.
AND:
PART B)
THAT PART OF:
4
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PARCEL NO.
193.1
SECTION
79210-2504
(..�
F.P. NO.
240811 1
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PAGE
2
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The East 25 feet of Lot 1082, 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 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 of Lime Tree Drive (a 50 foot right
of way per plat of FLORIDA SHORES UNIT NO. 2 (Revised Plat)) ; Thence
North 68°46106" East, along said existing Southerly right of way line of
State Road 442, a distance of 30.477 meters (99.99 feet)to the POINT OF
BEGINNING; Thence continue North 68046106" East, along said existing
Southerly right of way line of State Road 442, a distance of 7.620
meters (25.00 feet), to an intersection with the Easterly line of said
lot 1082; Thence South 21*0815311 East, along last said Easterly line,
8.543 meters (28.03 feet); Thence South 68°48154" West, 7.620 meters
(25.00 feet); Thence North 21008153/1 West, 8.536 meters (28.01 feet) to
the POINT OF BEGINNING.
Containing 65.1 Square Meters (508 Square Feet), more or less.
AND:
PART C)
WATER RETENTION AREA LEFT(NORTH) STATION 58+35±
The East 7.620 meters (25.00 feet) of Lots 367 through 382, Block 13,
FLORIDA SHORES NO. 1 in Section 2, Township 18 South, Range 34 East, as
said Block is 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 a portion of lands described
and recorded in Official Records Book 658, page 232, Public Records of
Volusia County, Florida.
Containing 1579.5 Square Meters (17002 Square Feet), more or less.
AND:
PART D)
THAT PART OF:
The East 25 feet of Lot 365, Block 12, FLORIDA SHORES NO. 1 in Section
2, Township 18 South, Range 34 East, as said lot is shown on a plat of
said subdivision, recorded in Map Book 23, Page 57, of the current
publ .c records of Volusia County, Florida, lying Southerly 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 Easterly right of way of
Fern Palm Drive (a 50 foot right of way per plat of FLORIDA SHORES UNIT
Ln
PARCEL NO.
193.1
,„4,7
SECTION
79210-2504
F.P. NO.
240811 1
PAGE
3
NO. 1) and the existing Southerly right of way line of State Road 442 (a
65 foot right of way on the Florida Department of Transportation Right
of Way Map, Section 79210-2504); 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 POINT OF BEGINNING; Thence continue
North 60°53150" East, along said existing Southerly right of way line of
State Road 442, a distance of 7.620 meters (25.00 feet); Thence South
29°09146" East, 2.864 meters (9.40 feet); Thence South 60°53050" West,
7.620 meters (25.00 feet); Thence North 29009146" West, 2.864 meters
(9.40 feet) to the POINT OF BEGINNING.
Containing 21.8 Square Meters (235 Square Feet), more or less.
AND:
PART E)
THAT PART OF:
The East 25 feet of Lot 3517, Block 78, FLORIDA SHORES NO. 5 in Section
2, Township 18 South, Range 34 East, as said lot is 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 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 Queen Palm Drive, (a 50 foot
right of way per said plat of FLORIDA SHORES UNIT NO. 5); 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) for the POINT OF
BEGINNING; thence continue North 68°48124" East, along said existing
Southerly right of way line of State Road 442, a distance of 7.620
meters (25.00 feet) to an intersection with the Easterly line of said
lot 3517; thence departing said existing Southerly right of way line,
South 21011-2811 East, along said Easterly line, 8.577 meters (28.14
feet); Thence South 68°48154" West, 7.620 meters (25.00 feet); Thence
North 21*1112811 West, 8.576 meters (28.14 feet) to the POINT OF
BEGINNING.
Containing 65.4 Square Meters (704 Square Feet), more or less.
Containing in the aggregate 1790.3 Square Meters (19271 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
TOGETHER with all tenements, hereditaments and appurtenances
thereto belonging or in anywise appertaining.
TO HAVE AND TO HOLD, the same in fee simple forever.
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PARCEL NO. 193.1
SECTION 79210-2504
F.P. NO. 240811 1
PAGE 4
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
re iced by Florida Law,
IL /TYPE NAME BELOW SIGNATURE)
Il ar
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STATE OF FLORIDA
COUNTY OF VOLUSIA
THE CITY OF EDGEWATER, FLORIDA
By:2;a�
Donald A. Schmidt
I Mayo
ATTEST:
Susan J Wadsworth
Its City Clerk
The foregoing instrument was acknowledged before me this IL
day of .T.T, 7n01 , by DONALD A. SCHM.IDT ,
Mayor, who is personally known to me 1DXXN N 15A=VY7 C
as identification.
PRINT/TYPE NAME: Robin ' Ma icicle
Notary Public in and for the
County and State last aforesaid.
My Commission Expires:
Serial No., if any: