2001-R-11Tv11�
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RESOLUTION NO. 2001-R-11
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A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
EDGEWATER, FLORIDA, AUTHORIZING THE MAYORTO
EXECUTE A CITY DEED IN FAVOR OF FLORIDA
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DEPARTMENT OF TRANSPORTATION (FDOT) FOR CITY
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OWNED RIGHT-OF-WAY ON THE CROSS STREETS
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INTERSECTING WITH STATE ROAD #442; PARCEL #122.1
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RELATES TO CITY OWNED RIGHT-OF-WAY WEST OF
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AIR PARK ROAD; PROVIDING FOR RECORDING INTO
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THE PUBLIC RECORDS OF VOLUSIA COUNTY, FLORIDA;
PROVIDING FOR A CERTIFIED COPY OF THIS
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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. 79210-2505, in Volusia County, Florida; and
WHEREAS, it is necessary that certain lands now owned by the City of Edgewater, Florida,
0N be acquired by the State of Florida Department of Transportation; and
16� 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 we 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,
* Re -recorded to reflect notary
2001-R-11 1 signature on City Deed and that
City Deed is attached hereto and
incorporated herein as Exhibit "A".
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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.
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Section 2. The original City Deed will be forwarded to the Clerk of Court for recording into
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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
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Florida Department of Transportation located in Tallahassee, Florida.
Section4. All resolutions orparts ofresolutions in conflict herewith be and same are hereby
repealed.
Section 5. This resolution shall take effect upon adoption.
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AfterMotionby -6-1 -, andSecondby
the vote on this resolution was as follows:
AYE NAY
Mayor Donald A. Schmidt
P _
Councilman James P. Brown
_
Councilman Dennis A. Vincenzi
Councilwoman Harriet E. Rhodes
AL
Councilwoman Judy Lichter
2001-R-11 2
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Book: 4734
POe : 3906
PASSED AND DULY ADOPTED this 211 day of July, 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-11
3
CITY COUNCIL OF THE
CITYOFEDGEWAATEER, FLORIDA
By:
Donald A. Schmidt
Mayor
Robin L. Matusick
Legal Assistant
Approved by the City Council of the City of
Edgewater a meeting held on this .?,W
day of 2001 under
Agendaltgnlqo. (. ,0
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03-BSD.05-02/99
October 8, 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
07/ /2001 07:01 —r6n\
DD stamps 0.70 iJ 56
(Transfer Rmt 8 10)
Instrument % 2001-138938
Book: 4710
Page: 3317
PARCEL NO. 122.1
SECTION 79210-2505
F.P. NO. 240812 1
STATE ROAD 442
COUNTY: VOLUSIA
C I T Y D E E D
THIS DEED, made this 2nd day of July 2001 by the
CITY OF EDGEWATER, a municipality of the State of Florida, (ADDRESS
PRINT/TYPE): v. n_ Rox 100 Edgewater FL 32132-0100 , 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 NO. 122 SECTION 79210-2505
n �(� F.P. NO. 240812 1
�i All the rights and interest of the City of Edgewater, Florida, in and to
I� the existing right of way of dedicated and used State Road No. 442 and
the existing right of way of portions of other dedicated or maintained
h streets between the intersection of I-95 and the intersection of Air
Park Road, lying within the required right of way as shown on the Right
�- of Way Map of Section 79210-2505, State Road No. 442, as filed in the
Office of the Clerk of the Circuit Court in Volusia County, Florida, or
in the Office of the Department of Transportation in DeLand, Florida.
This legal description prepared
under the direction of:
Joseph C. DiBenedetto, P.L.S. No. 5181
Department of Transportation
719 South Woodland Blvd.
DeLand, Florida 32720
Date: September 8, 1999
TOGETHER with all tenements, hereditaments and appurtenances
thereto belonging or in anywise appertaining.
TO RAVE AND TO HOLD, the same in fee simple forever.
PROVIDED that the following rights are reserved to Grantor:
1. The Grantor shall have the right to construct, operate,
maintain, improve, add to, upgrade, remove, and relocate
facilities on, within, and upon the lands described herein in
accordance with the F.D.O.T.'s current minimum standards for
such facilities as required by the F.D.O.T. Utility
Accommodation Manual in effect at the time the agreement is
executed. Any new construction or relocation of facilities
within the lands will be subject to prior approval by the
F.D.O.T. Should the F.D.O.T. fail to approve any new
construction or relocation of facilities by the Grantor or
require the Grantor to alter, adjust, or relocate its
facilities located within said lands, the F.D.O.T. hereby
agrees to pay the cost of such alteration, adjustment, or
relocation, including, but not limited to the cost of
acquiring appropriate easements.
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BLaok: 4710
O e: 3318
Di a M. Matousek
Volusia County, Clerk of Court
Hook: 4734
Page: 3908
PARCEL NO. 122.1 Diane M. Matousek
SECTION . 79210-2505 Volusia County, Clerk of Court
F.P. NO. 240812 1
PAGE 2
Notwithstanding any provisions set forth herein, the terms of
the utility permits shall supersede any contrary provisions,
with the exception of the provision herein with reimbursement
rights.
The Grantor shall have a reasonable right to enter upon the
lands described herein for the purposes outlined in Paragraph
1 above, including the right to trim such trees, brush, and
growth which might endanger or interfere with such facilities,
provided that such rights do not interfere with the operation
and safety of the F.D.O.T.'s facilities.
The Grantor agrees to repair any damage to F.D.O.T. facilities
and to indemnify the F.D.O.T. against any loss or damage
resulting from the Grantor exercising its rights outlined in
Paragraphs 1 and 3 above.
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)
STATE OF FLORIDA
COUNTY OF VOLUSIA
THE CITY OF EDGEWATER, FLORIDA
By
Donald A. Schmidt
It Mayor
ATTEST:
Susan J.(Wadsworth
Its City Clerk
The foregoing instrument was acknowledged before me this 2nd.
day of July 2001 , by Donald A. Schmidt
Mayor, who is personally known to me xmxjbG{N }XaM@2M HQX
as identification.
PRINT/NAME: Robin L.1 Matusick
Notary Public in and for the
County and State last aforesaid.
My Commission Expire
Serial No., if any: