2000-R-050 0
RESOLUTION NO. 2000-R-05
W3Ll
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF to 0 o
EDGEWATER,FLORIDA,AUTHORIZING REDUCTION OF N7<m6
SEWERAND ROAD ASSESSMENTS AND ACCEPTANCE OF .g
AN AGREEMENT FORDEEDANDWARRANTY DEED FOR
PROPERTY OWNED BY JOHN AND THERESA SAUERS
I1 LOCATED AT LOT 567 AND A TRIANGLE IN THE SW W�oUl8Gr
CORNER OF LOT 568, BEING 7.5 FEET ON THE WEST QQ,g
LINE, BLOCK 18, FLORIDA SHORES UNIT NO. 2; r
REPEALING RESOLUTIONS IN CONFLICT HEREWITH P
AND ESTABLISHING AN EFFECTIVE DATE.
WHEREAS, the City Council of the City of Edgewater, Florida, has made the following
determinations:
WHEREAS, John and Theresa Sauers are owners ofproperty located on or about 1933India
Palm Drive; and
' WHEREAS, the Sauers have approached the City regarding the possible donation of their
property for City use; and
C WHEREAS, subject property contains a lake which has been utilized for stormwater
a� drainage and is currently maintained by the City.
0' NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Edgewater,
Florida:
Section 1. Due to the City of Edgewater utilizing the subject property for additional
drainage, City Council hereby authorizes a reduction of sewer and road assessments relating to the
property in an amount of three thousand four hundred twenty and no/100 dollars $3,420.00).
Section 2. Council hereby authorizes acceptance of the Agreement for Deed (attached
hereto and incorporated herein as Exhibit "A") stipulating the reduction of road and sewer
assessments and grants the Mayor or City Manager to execute same.
Section 3. City authorizes acceptance ofthe Warranty Deed executed by the Sauers upon
2000-R-05
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adoption arid execution of the Agreement for Deed by all parties.
Section 4. The City Clerk is hereby directed to deliver the Agreement for Deed and
Warranty Deed to the Clerk of Court for recording into the Public Record of Volusia County,
Florida.
Section5. All resolutions or parts of resolutions in conflict herewith be and the same are
hereby repealed.
Section 6. This resolution shall take effect upon adoption.
After Motion by Councilwoman Rhodes and Second by Councilman Vincenzi, the vote on
this resolution was as follows:
Mayor Donald A. Schmidt AYE
Councilman James P. Brown AYE
Councilman Dennis A. Vincenzi AYE
Councilwoman Harriet E. Rhodes AYE
Councilwoman Judy Lichter AYE
PASSED AND DULY ADOPTED this 20th day of March, 2000.
hiRJ-F:S�'j
Susan .l: 'adsworth
i;: City Ckrkk
2000-R-05
CITY COUNCIL OF THE
CITY OF EDGEWApT/�ER/�FLORIDA
By: o�n�f C.l
Donald A. Schmidt
Mayor
Robin L. Matusick
Legal Assistant
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4536
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1132
AGREEMENT FOR DEED
THIS AGREEMENT FOR DEED ("Agreement") is made and entered intothisOic day
of CCQ2!= .ham, 2000 ("Effective Date"), by and between JOHN SAUERS and
THERESA SAUERS, Husband and Wife, their heirs, successors and assigns (hereinafter referred
to as the "Seller") and the CITY OF EDGEWATER (a municipal corporation), its heirs, successors
and assigns (hereinafter referred to as "City").
WITNESSETH:
WHEREAS, the Seller is the owner of the following described real property (hereinafter
referred to as 'Property"):
All of Lot 567 and a triangle in the SW comer of Lot 568, being 7.5
feet on the west line, Block 18, Florida Shores Unit No. 2, according
to the plat thereof, recorded in Map Book 23, Page 103, of the Public
Records of Volusia County, Florida.
WHEREAS, the Seller desires to sell the Property and the City desires to purchase the
Property under the terms and conditions set forth herein; and
WHEREAS, the Seller and City desire to reduce their agreement to writing.
NOW, THEREFORE, in consideration ofthe mutual promises and covenants contained in
this Agreement and other good and valuable consideration passing between the parties, the receipt
and sufficiency of which are hereby acknowledged, the Seller agrees to sell and the City agrees to
purchase the Property upon the terms and conditions hereinafter set forth:
1. Recitals. The above Recitals are true and correct and we incorporated herein by reference
as if fully set forth herein.
2. Mortgages. Seller acknowledges that there are no encumbrances against the property.
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3.
4.
5.
a
7.
P]
Purchase Price. The total purchase price consists of a reduction of sewer and road paving
assessments described as follows:
Current Sewer Assessment $4,229.10
Reduced by one 40' lot-1,143.00
$3,068.10
Current Paving Assessment
$3,036.00
Reduced by three lots
-2,277.00
Total Assessment Due:
$ 759.00
Therefore the City will grant a total reduction of three thousand four hundred twenty
and no/100 dollars ($3,420.00) of the sewer and paving assessments.
Delivery of Deed. Upon completion of all terms and conditions set forth in this Agreement,
including, but not limited to, the timely payment of all outstanding property taxes, the Seller
shall execute the Warranty Deed reflecting the transfer of the property unto the City.
Expenses. Upon execution of the Warranty Deed by the Seller, City shall pay for all
documentary stamps and recording costs.
Possession of Property. The City shall be entitled to possession of the Property on the date
of execution of this Agreement, and shall assume all liability for insurance and taxes from
and after that date.
Entire Agreement. This Agreement embodies and constitutes the entire understanding of
the parties with respect to the transactions contemplated herein, and all prior or
contemporaneous agreements, understandings, representations, statements, oral or written,
are merged into this Agreement.
Successor and Assigns. All covenants and agreements contained in this agreement will
extend to and be obligatory upon the successors, heirs, executors, administrators, and assigns
(Agreement/AgreementForDmd-Sauers) 2
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DiaSe M. Matousek
Volusia County, Clerk of Court
of the respective parties.
9. Governing Law. This Agreement shall be governed by the laws of the State of Florida.
Any legal action arising under this Agreement shall be litigated in the Courts of Volusia
County, Florida.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and
year first above written.
Signed, sealed and delivered in the presence of:
� IN
STATE OF FLORIDA
COUNTY OF VOLUSIA
SELLERS:
t Sauers
Theresa Sauers
I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State and
County aforesaid to take acknowledgments, personally appeared JOHN and THERESA SAUERS,
who are personally known to me or who produced `a-I4,c1�1,_,O•l-I•,�5.0�' CJ
identification and who executed the foregoing instrument and acknowledged before me that they
executed the same.
WITNESS my hand and official seal in the County and State last aforesaid thiszg�day
of D r4 , 2000.
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Notary Pub ic I
aohN Mat W& WON
SeaUStam MY COMMISSION M MSID616 EXPIRES
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?„„ad;;R` awoEv rxsu rtm v.N IKKIPNICF, iNL.
(Agreem=YAgre==tForDeed-Sauers)
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(Transfer
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Instrument
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Book:
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WARRANTY DEED PaU B :
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THIS WARRANTY DEED, madethis� dayof�2000,byJOHN
SAUERS and THERESA SAUERS (husband and wife) who reside at 1621 Orange Tree Drive,
Edgewater, Florida, 32132 (hereinafter referred to as "Grantor) to the CITY OF EDGEWATER (a
municipal corporation), P. O. Box 100, Edgewater, Florida 32123-0100 (hereinafter referred to as
"Grantee").
WITNESSETH, that the Grantor, for and in consideration of the sum of $ (0�
and other valuable considerations, receipt whereof is hereby acknowledged, hereby grants, bargains,
sells, aliens, remises, releases, conveys and confirms unto the Grantee all that certain land, situate
p� in Volusia County, Florida, and described as follows:
f' c41 All of Lot 567 and a triangle in the SW comer of Lot 568, being 7.5
feet on the west line, Block 18, Florida Shores Unit No. 2, according
Yy to the plat thereof, recorded in Map Book 23, Page 103, of the Public
i10 Records of Volusia County, Florida.
TOGETHER, with all the tenements, hereditaments and appurtenances thereto belonging
or in anywise appertaining. TO HAVE AND TO HOLD, the same in fee simple forever.
And the Grantorhereby covenants with said grantee that the grantor is lawfully seized of said
land in fee simple; that the grantor has good right and lawful authority to sell and convey said land,
and hereby warrants the title to said land and will defend the same against the lawful claims of all
persons whomsoever; and that said land is free of all encumbrances, except taxes accruing
subsequent to December 31, 1999.
In Witness Whereof, the Grantor has signed and sealed these presents the day and year first
above written.
(Agreemauf W amntyDeed-Sauers)
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Diane M. Matousek
Volusia County, Clerk of Court
�igned, sealed and delivered in the presence of.•
C�
Sauers, Grantor
eresa Saiters, Co -Grantor
ATE OF FLORIDA
IUNTY OF VOLUSIA
certify that on this day, before me, an officer duly authorized to administer oaths and take
edgments, personally appeared JOHN and THERESA SAUERS, known to me to be the
leseribed in and who executed the foregoing instrument, who acknowledged before me that
;uted the same, and an oath was given. (Check one:) ❑ Said persons are personally known
I Said persons provided the following type of identification:
bL, s✓.Pac) k4aoa5 ag- o
Witness my hand and official seal in the County
and State last aforesaid this <>-6 4) day of
ry'n,1. , 2000.
Seal/Stamp fir: aUdn AbWi:k WoM
WCOMMISSIM R CC616616 EXPIRES
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