93-R-17
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'18 5 t 4 , 84
VOLU~IA CO..FL
RESOLUTION NO. 93-R-17
A RESOLUTION OF THE CITY COUNCIL O~ THE CITY
OF EDGEWATER, FLORIDA, ABANDONING THAT
UNOPENED PORTION OF SANCHEZ AVENUE LYING
EASTERLY OF SOUTH RIVERSIDE DRIVE; PROVIDING
FOR THE RECORDING OF THIS RESOLUTION IN THE
PUBLIC RECORDS OF VOLUSIA COUNTY AND FILING
WITH THE VOLUSIA COUNTY PROPERTY APPRAISER;
REPEALING ALL RESOLUTIONS IN CONFLICT HEREWITH
AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City Council of the City of Edgewater, Florida,
has made the following determinations:
1. In association with the planning of the Riverwalk
Project, on October 16, 1992, the City entered into the Sanchez
Avenue Agreement with Thomas B. Loveland, willette H. Loveland,
Catherine Gross, Joseph Dudley, and Melissa Dudley (hereafter
"Owners") regarding the unopened portion of Sanchez Avenue lying
easterly of North Riverside Drive.
2. Pursuant to the Agreement, the City agreed to initiate the
action necessary to abandon the unopened portion of Sanchez Avenue
lying easterly of North Riverside Drive in return for the agreement
by the Owners to convey to the City fee simple title to all their
property rights and interests in the abandoned right-of-way subject
to its continued use as a park as set forth in the Agreement. In
addition the Lovelands agreed to grant the City a ten (10) foot
easement across their property for the purpose of allowing the-
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Riverwalk to extend north to Sanchez Avenue. The Owners have W
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compiled with their commitments by providing the necessary deeds ~
and the easement.
3. It is in the best interests of the citizens of Edgewater
to authorize the abandonment of the unopened right-of-way.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the Ci ty ~
~
c=
of Edgewater, Florida: ';')
["-.)
Section 1. The following described unopened portion of'~
Sanchez Avenue is hereby abandoned subject to the condition set~
forth in Section 2:
That portion of Sanchez Avenue lying easterly of
Riverside Drive, Sanchez Avenue being a fifty (50) foot
93-R-17
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BOOK rAUL
851 4185
VOLUSIA COJL
right-of-way as depicted on the plat for Palmetto Park
Subdivision, Edgewater, Florida, which is recorded in Map
Book 5, page 184 of the Public Records of Volusia County,
Florida.
Section 2. Pursuant to that certain Sanchez Avenue Agreement
dated October 16, 1993, attached hereto and incorporated by
reference, this abandonment is specifically conditioned upon the
agreement by the Owners to convey to the City fee simple title to
all their property rights and interests in the abandoned right-of-
way subject to its continued use as a park as set forth in the
Agreement.
Section 3. Upon adoption and compliance with the conditions
of abandonment established in Section 2, this resolution shall be
recorded in the Public Records of Volusia County and filed with the
Volusia County Property Appraiser.
Section 4. All resolutions or parts of resolutions in
conflict herewith be and the same are hereby repealed.
Section 5. This resolution shall take effect upon adoption.
After Motion by Councilman Jones and Second by Councilwoman
Martin, the vote on this resolution was as follows:
Mayor Jack H. Hayman, Sr. AYE
Councilman Kirk Jones AYE
Councilwoman Louise A. Martin AYE
Councilman Mike Hays AYE
Councilman David L. Mitchum AYE
PASSED AND DULY ADOPTED this 19th day of July, 1993.
CITY COUNCIL OF THE
CITY OFEDGEWATER, FLORIDA „
By:
aH. lyy Sr.
/ Mayo
r /
APPROVED FOR FORM S CORRECTNESS:
ate A. S orey
Ci y Attorney
93-R-17 2
....
i3 0 01'< PAGE
~851 4186
VOL-USIA CO..FL
SANCHEZ AVENUE AGREEMENT
THIS AGREEMENT made and entered into this / if .~ day of
Or i(r/;-e~/9tJny and between, the CITY OF EDGEWAT~Rr, FLORIDA, a
- ,
municipal corporation (hereinafter referred to as "City") and
THOMAS B. LOVELAND and WILLETTE H. LOVELAND, his wife; CATHERINE
GROSS; JOSEPH DUDLEY and MELISSA DUDLEY, his wife (hereinafter
referred to as "Owners").
WHEREAS, located at the easterly extension of Sanchez Avenue
in the Palmetto Park Subdivision along Riverside Drive there is a
wetlands area which is under stress as a result of pedestrian and
vehicular traffic; and
WHEREAS, the isolated physical configuration of the area has
necessitated law enforcement intervention in the past to protect
the safety of the public and the property rights of the Owners; and
WHEREAS, in association with the Riverwalk Project, the City
would like to utilize the area for a passive park; and
WHEREAS, the City would like to apply to the Department of
Natural Resources for a disclaimer for the formerly submerged lands
which are at the easternmost portion of this section of Sanchez
Avenue; and
WHEREAS, Owners, in order to better protect their property
rights and comply with environmental development standards, upon
vacation/abandonment of the right-af-way by the City have agreed to
deed their property interests in the easterly extension of Sanchez
Avenue to the City for its use as a park and have further agreed to
restore/mitigate the wetlands area.
NOW, THEREFORE, based on the foregoing, the parties agree as
follows:
1. The property which is the subject of this Agreement is
located along Riverside Drive in the Palmettto Park Subdivision,
Edgewater, Florida, and is more specifically described as follows:
Parcel 1 - That portion of Sanchez Avenue lying easterly
of Riverside Drive, Sanchez Avenue being a fifty (50)
foot right-of-way as depicted on the plat for Palmetto
Park Subdivision, Edgewater, Florida, which is recorded
in Map Book 5, page 184 of the Public Records of Volusia
November 4, 1992
1
......
PAGE
3851 ~181
VOLUSIA CO..FL
rOOK
~
County, Florida.
Parcel 2 - Lots 45, 46, 45A and 46A,
Subdivision in Edgewater, Volusia
according to Map Book 5, page 184,
Volusia County, Florida.
in Palmetto Park,
County, Florida,
Public Records of
ALSO:
The accretion lying East of Lots 45A and 46A, Palmetto
Park Subdivision, Edgewater, Florida, described as
follows: Commencing at the point where the South line of
the Robert Shepard Grant, Section 50, Township 17 South,
Range 34 East, intersects the original shore line of the
Indian River North, as shown on the united States Land
Office Map of said Township and the Volusia County
Records; thence N. 19 W., 1067 feet to the SE Corner of
Lot 46A, Palmetto Park Subdivision, Edgewater, Florida,
as recorded in the said Volusia County Records, for the
point of beginning, at the point where the South line of
the said Lot 46A intersects the original shore line of
the said Indian River North; thence N. 69 deg. 45' E.,
233 feet to the present shore line of the said Indian
River North; thence Nly along said present shore line 125
ft., more or less, to the continuation eastward of the N.
line of Lot 45A of said Palmetto Park Sub.; thence S. 69
deg. 45' W. 234 feet to the original shores line; thence
Sly along said original shore line 125 feet more or less
to the point of beginning. Containing .67 of an acre,
and lying and being in the County of Volusia, State of
Florida.
SAVING AND RESERVING, however, unto the Trustees of the
Internal Improvement Fund of Florida, and their
successors, an undivided 3/4 interest in and title in and
to an undivided 3/4 interest in all the phosphate,
minerals and metals that are or may be in, on or under
the said above-described lands, and an undivided 1/2
interest in and title in and to an undivided 1/2 interest
in all the petroleum that is or may be in or under the
said above-described land, with the privilege to mine and
develop the same.
The owners of this parcel are Thomas B. Loveland and
willette H. Loveland.
Parcel 3 - Lots 15A and 16A, together with riparian and
littoral rights and accretions pertaining and belonging
thereto, Palmetto Park Subdivision in the City of
Edgewater, Florida, according to Map Book 5, page 184,
Public Records of Volusia County, Florida: ALSO: a
portion of "The Strand" vacated by the City of Edgewater,
Florida and a portion of Lots 15 and 16, Palmetto Park
aforesaid being more particularly described as follows:
Begin at the SW corner of Lot 16A, Palmetto Park
Subdivision in the City of Edgewater, Florida, according
to Map Book 5, page 184, Public Records of Volusia
County, Florida; thence run S 70 deg. 29' 25" West along
the Westerly prolongation of the Southerly line of said
Lot 16A, a distance of 23 feet to the Easterly edge of
pavement of Riverside Drive; thence N 41 deg. 25' 29" W
along said Easterly edge of payment, a distance of 20.43
Feet; thence continue along said Easterly edge of
pavement, N 43 deg. 27' 54" W a distance of 85.90 feet to
the Northerly line of said Lot 15: thence N 70 deg.29'
25" E along said Northerly line of Lot 15, a distance of
42.18 feet to the Easterly platted line of "The Strand";
thence S 48 deg. 09' 40" E along said Easterly line, a
distance of 44. 72 Feet; thence continuing along said
Easterly line S 21 deg. 21' 05" E a distance of 58.24
November 4, 1992
2
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3851 4188
VOLU51A co.. FL
feet to the point of beginning.
The owners of this parcel are Catherine Gross, Joseph
Dudley and Melissa Dudley.
2. The City shall initiate the action necessary to abandon or
vacate that portion of Sanchez Avenue lying easterly of Riverside
Drive which currently is an unopened right-of-way.
Upon such
abandonment or vacation, the Owners shall convey to the City fee
simple title to all their property rights and interests in the
abandoned right-of-way subject to its continued use as a park as
set forth in this Agreement.
3.
The
City shall
be
authorized to
utilize
the
abandoned/vacated right-of-way to a point extending no more than
one hundred fifty (150) feet easterly of Riverside Drive as a
passive, pedestrian park with no restroom facilities or utilities
provided.
A gazebo and benches may be utilized to provide an
observation area. The City shall also be authorized to construct
a SlX (6) foot wide mulch path extending no more than one hundred
fifty (150) feet easterly from Riverside Drive along the southern
boundary of Lot 16A, Palmetto Park Subdivision.
4. The Owners shall utilize the remaining portion of the
abandoned/vacated right-of-way
for wetland restoration
and
mitigation. The Owners shall not be authorized to utilize the area
for any other purpose except as set forth in this Agreement.
Owners shall be responsible for mitigation at a replacement ratio
of a least 1:1 pursuant to a mitigation and restoration plan to be
prepared by Biological Consulting Services, Inc. and approved by
the City. Upon completion of the plan and approval by the City, a
copy of the plan shall be incorporated into this Agreement. The
Owners shall begin restoration and mitigation within six (6) months
of the date the City completes the vacation/abandonment of the
right-of-way.
The restoration and mitigation area shall be
monitored for a period of five (5) years to ensure successful
completion.
5. The City agrees to allow the wetland restoration and
mitigation area as an offset for the future impacts to and
construction in the upland buffer on Lots 45A, 46A, 15A and 16A
November 4, 1992
3
-'
PAGE
3851 4'89
Protection, VQLUSl~ ~lrbces,
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pursuant to Chapter 20, Wetlands
Edgewater, Florida.
The City shall place an appropriate signtat
the beginning of the wetland restoration and mitigation area
designating it as such and take necessary precautions to protect
the area from traffic.
6. Thomas B. Loveland and Willette H. Loveland, shall grant
to the City a ten (10) foot easement across the westerly boundary
of Lots 45A and 46A, Palmetto Park Subdivision for the purpose of
allowing the City's Riverwalk Project to extend north to Sanchez
Avenue.
The City acknowledges that the granting of the easement
will not affect any lot size determinations for the purpose of
fulfilling the requirements of the land development regulations of
the City of Edgewater.
7. To the extent that there is a conflict between this
Agreement and any existing City resolution,
regulation or
ordinance, this Agreement shall control.
However, regarding the
abandoned/vacated portion of Sanchez Avenue all other applicable
City resolutions, regulations, or ordinances shall apply. Further,
the failure of this Agreement to address a particular permit,
condition, term or restriction shall not forgive the necessity of
complying with the law governing said permits, conditions, terms or
restrictions.
8. All of the terms and provisions of this Agreement shall be
binding upon, inure to the benefit of, and be enforceable by the
parties and their respective legal representatives and their
successors in title and interest. The provisions of this Agreement
and all approved plans shall run with the land and shall be
administered in a manner consistent with the laws of the State of
Florida. Accordingly, this Agreement shall be recorded with the
Clerk of the Circuit Court in Volusia County.
9. If Owners are aggrieved by any decision of any City
department head interpreting the terms of this Agreement, that
party shall first file a written appeal with the City Manager. If
Owners are aggrieved by a decision of the City Manager, an appeal
shall be made to the City Council. The appeal shall be initiated
November 4, 1992
4
"
BOOK PAGE
... 38~f 4190
VOLUSIA CO..FL
by the filing of a written request with the City Manager for
placement of the issue on the City Council agenda. After receiving
the request, the City Manager shall place the matter on the next
available City Council agenda.
10. This Agreement may only be amended In writing upon the
mutual consent of the parties.
11. This Agreement shall be governed by the laws of the State
of Florida.
IN WITNESS WHEREOF, the parties have caused this Agreement to
be made and entered into the day and year first written above.
ATTEST:
CITY COUNCIL OF THE
CITY OF EDGEWATER, FLORIDA
BY~'6~\j\~~" ~~
Tanya B Wessler
Mayor
b~&
City Clerk
APPROVED FOR FORM
AND CORRECTNESS:
witnessed by:
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(~ homas B. Loveland
lJ2.c.i..AfJe_ m, 0Ju~-r h<x:'.-t.'~t,'1
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(1.../ JJLQ"J:Q,( ((, ~ ,r (J<JCr~L!(
Willette H. Loveland
~a~i{~uY~
1'\ r-er> L. .2) Ke.e Ls
STATE OF FLORIDA
COUNTY OF VOLUSIA
I I-J..-h The foregoing instrument was acknowledged before me this
'-1 day of )\je)'\/euY\ b-e.)J-- , 1992, by THOMAS B. LOVELAND
are personally known to me or who has
as i.dentification and who 'di-.d... (did
and WILLETTE H. ~OVELAND, who
produced (\j I A
not) take an oath.
!(aA_U0 ~:>1k~dxJ
Notary Public
$$.~~~Y:~~~ KAREN L. SKEELS
:.:' \.= MY COMMISSION EXPIRES
l'e.:. j~ June 24 1995
"'''''',fo. 'O~.t ·
""..9t,j~", BONDED THRU TROY FAIN INSURANCE. INC.
Notary name typed
November 4, 1992
5
November 4, 1992
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Witnessed by:
'f(;uvv0 rtJ )JkuJ~
(;YNER: _ /i~.
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Catherine Gross
~C\re(l L. SKeels
a" .)
~ J J. It .f ,r"\j,J'/ II y f {\: j( II q , I've)
\. ~J2(~f)(l(? tA, . (Jroef'I/(lel'C:/l
STATE OF FLORIDA
COUNTY OF VOLUSIA
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The foregoing instrument was acknowledged before mEiR,.this
5--Jh day of NoVe-mber , 1992, by CATHERINE GROSS, who
is personally known to me or who has produced ~/A
as identification and who ~d (did not) take an oath.
(.) OJ'
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N tary Public
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l~:E~""~\ KAREN L. SKEEL.,
. *, :* = MY COMlJ.lSSiON EXPiAt1'
~~~ :~~ J 24 g~r.
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"',,9:,,:~'" BONDED THAU TROY FAIN 1/""':"1''''
Notary name typed
Witnessed by:
i{~0 'I:. J;)e~~1~
OWNER:
-~S~,
K:1.en L. ste.e,ls
~" ~ ~d'^-A-~~'::
'.7Cll~() fl). (;;L.-y(t-' i-t v~{.~,-\
~ Ac/1z __
Melissa Dudley ~
STATE OF FLORIDA
COUNTY OF VOLUSIA
e:-:.. '{--h The foregoing instrument was acknowledged before me this
::::) day of f\00'0f)fY\ b-e.,((' ,1992, by JOSEPH DUDLEY and
are personally known to me or who has produced
as identification and who"~d (did not) take an
MELISS~ DUDLEY, who
to/A
oath.
;r:CJG~ .'1. ~J:1Lf,J
Not ry Public
",,,",,,,
..-$.~I>!.Y ~~\ KAREN L. SKEELS
f.:" \.:. MY COMM!SSiON eXPIRES
~'!?:. .:~E JIJI'fl 24 1905
-;';~6:' ~~b~~ ,. ""1:., . ~
"",[""", dONOED mAl) . ROY FAIN INSUAANCE, INO.
Notary name typed
HNum 10: auCIM- Ma.tldnnml uunpe—Iopi WARRANTY DEED RAMCO FORM OI
umne.. To mm1 m. ..
Nan,:
This Msbumem P,spwsd by: Joseph P. Dudley
P.O. Box 128
1eR"" New Smyrna Beach, FL
32170
Propeay ApPniprs PWCSI k)emiSwdun [FOOD) Numbeflsl:
a,entselsl S.S. Cs):
— SINCE AECME THIS Use FOR PROCESSING MTA
Xhlo Wxrrnntg WEtb Made the -glib, day of llDdc-.-,. ber A.D. 19 92 by
THOMAS B. LOVELAND AND WILLETTE H. LOVELAND, husband and wife
hereivinfer called the grantor, to CITY OF EDGEWATER, FLORIDA, A Municipal
Corporation existing under the laws of the State of Florida
whose post ogwe address is P.O. Box 100, Edgewater, FL 321 32-0100
hereintl/ter called the grantee.
v,d am is
i a..i.N Ae Nam, •Sraoml Md • M,• IMled, a me sue. m aV I.mom.., Md Ws
id Me.M.eMu... Ma MnsM en.m.�a. and M.....M.sod Mae..
W1ttlt55tt#: That the grantor, for and in consideration of the sum of $ TEN--------- and other
valuable considerations, receipt whereof is hereby acknowledged hereby grants, bargains, sells, aliens, remises,
releases, conveys and co" arms unto the grantee all that certain land situate in VOLUSIA
County, Stale of FLORIDA • viz:
Parcel 1 - That portion of Sanchez Avenue lying easterly
of Riverside Drive, Sanchez Avenue being a fifty (50)
foot right-of-way as depicted on the plat for Palmetto
Park Subdivision, Edgewater, Florida, which is recorded
in Map Book 5, page 184 of the Public Records of Volusia
County, Florida.
M8Vtt#tr, with all the tenements, hereditaments and appurtenances thereto belonging or in anywise
appertaining.
MV 1180t HUb tD 1101b, the same in fee simple forever.
Ub the grantor hereby 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, 1992 .
In WIMUS *4t"11f, the said grantor has signed and sealed these presents the day and year first above
written.
Signed, sealed and delivered in the presence of.•
2. !?�7
�T omas B. Loveland
seMm.
606 N. Riverside Drive Ed ewater,FL
M, ,. A .. 3
Willette H. Loveland
Imam
606 N. Riverside Drive, Edgewater,FL
1..— 32132
STATEOF FLORIDA I hereby Certify thnton this day, before me, an officer duty authorized
COUNTYOF VOLUSIA 1 to administeroathsandteke erknowledements,penonallyappemed
THOMAS B. LOVELAND AND WILLETTE H. LOVELAND husband and wife
kn w Wmewbethep on4_de oib.adlnendwhoexecutedtheforeeoine inetrument,whoecknowledVdbefo methst they
executed the wne,thatl relied upon tha followingf Sof[denaarationofthesbose-namedpareon_: 11(a
i - <c . tj� l J i'6 . and that an oath (wnexwas not) taken.
WdTMYRueeERSTAMPSM Witneenny hand and official seal in the County and State [.at aforesaid this
HHh dnyaf I\D-,..hN A.D.1992
Fp7 I i D42 / 1t r�t
v 1,4l� 1 LCtrrPra I tr,N.
ftinN NOlery 9yn.lu,a
Return 10: (enclose sen.addressed stamped envelope)
WARRANTY DEED
IHDIVID. TO IHDIVID.
RAMeo FORM 01
Name:
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Add,...:
This Instrument Prepared by: Joseph P. Dudley
P.O. Box 128
Addr_: New Smyrna Beach, FL
32170
Property Appraisers Parcel Identification lFolio) Numberls':
Grantee(s) S.S. I(s):
SPACE ABOVE THIS UNE FOR PROCESSING DATA
SPACE ABOVE THIS UNE FOR RECORDING DATA
mItis )Jarrantu ile.eb Made the .14Qb day of (\,\.lC?-....., b e y~ A.D. 19 92 by
JOSEPH P. DUDLEY and MELISSA L. DUDLEY, his wife
hereinafter called the grantor, to CITY OF EDGEWATER FLORIDA A Municipal
Corporation exi.sting under the laws of th~ State of Florida
whose post office address is P.O. Box 1 00, Edgewa ter, FL 321 32 _ 01 00
hereinafter called the grantee:
(Wherever DIed herein the terms "grantor" and "grantee" Include all the parti.. to this illBb'ument and the
beire, legal repreoentatlveo and ...igno of individual., and the .ucce..ore and "".ign. of corporation.)
.ftntll1ldlJ: That the grantor, for and in consideration of the sum of $ TEN-------- and other
valuable considerations, receipt whereof is hereby acknowledged, hereby grants, bargains, sells, aliens, rem1:ses,
releases, conveys and confirms unto the grantee all that certain land situate in VOLUSIA
County, State of FLORIDA , mz:
Parcel 1 - That portion of Sanchez Avenue lying easterly
of Riverside Drive, Sanchez Avenue being a fifty (50) toot
right-ot-way as depicted on the plat for Palmetto Park
SubdiVision, Edgewater, Florida, which is recorded in
Map Book 5, page 184 of the Public Records of V9lusia
County, Florida. .
<D'ngdlJtt. with all the tenements, hereditaments and appurtenances thereto belonging or in anywise
appertaining.
<D'n )fant anb tn )fntb. the same in fee simple forever.
.Anb the grantor hereby 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 91, 1992 .
In Bftntllll .lJtttnf. the said grantor has signed and sealed these presents the day and year first above
written.
sealed and d~vered in the presence of
'-'-I"~,~
~ anne M. Vanderhoeven
'EQk,J J. (Y{c'f{o..
K:;en S. McKay ~
Printed Signature,")
~.l ,. I I'J.... (~r,' l I .k..c ,0 c....~
.~ '€- (, ,
Signature
r'-~
=;...-~' (I
-- --=--:::::: '...
Signature
Josep P. Dudley
Printed Signature
I1D
P.O. Box 128, New Smyrna Bch, FL
Poot Office Add.... 3 2 1 7 0
";k t fk&-
- 1Ji; 'Jpl., r
Signature f
I!.U
Melissa L. Dudley
Printed Signature
P.O. Box 128, New Smyrna Bch, FL
Poot Olfice Add.... 3 2 1 7 0
STATE OF FLORIDA I hereby Certify that on this day, before me, an officer duly authorized
COUNTY OF VOLU S IA to administer oaths and take acknowledgments, personally appeared
JOSEPH P. DUDLEY AND MELISSA L. DUDLEY, his wife
known to me to be the personL describ~d in and who executed the foregoing instrument, who acknowledged before me that they
executed the same, that I relied upon the following fonn.J;t of identification oCthe above.named persons.: r)SL
Ve.. ''''' " I Y. I I 'J ~'< 1\0-<..> r' and that an oath (was)(was not) taken.
NOTARY RU'lBER STAMP SEAL
10
03
91
\.:-, {~:I'( f:;.!:;'.,iC ;;"t:'... ~r ~';r ~:t._(.:n:o~\
;-.~, ({'i '~!:',:;- "~ ;.~>;:' f:',\/.I:\t':';~1~
. ~.': i ; ':;::~::: /J. ;'; hj (.;;\':",'.
Witness my hand and oflicinl seal in the County and State last aforesaid this
).\Lh dayof__~U(~.f"\. her .A.D.1992.
)
L-L_{'~\. (vL d l J.... tLu9 'L'-./\. /
'-{-.~L1Df{..__I'r't, Ul"il{~J I""{'-~J~
f>.-inud Nof.8ry SiglUdure
Relum to: (enclose self-addressed stamped envelope)
WARRANTY DEED
INDIVID. TO INDIVID.
RAMeo FORM 01
Name:
Addr..:
!
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8
~
Joseph P. Dudley !
P.O. Box 128 &
New Smyrna Beach, FL ~
32170 J
...."
...,
This Instrument Prepared by:
Acldr_:
Property Appraisers Parcel Identification (Folio) Number(sl:
Grantee(s) S.S. '(s):
SPACE ABOVE THIS UNE FOR PROCESSING DATA
SPACE ABOVE THIS UNE FOR RECORDING DATA
m.lti1l lIarrantu iBttb Made the 0,.)"0- day of C;c--ro ~~e.R....- A.D. 19 92 by
CATHERINE GROSS, a single woman also known as CATHERINE T. GROSS
hereinafter called the grantor, to CITY OF EDGEWATER, FLORIDA, A Municipal
Corporation existing under the laws of the State of Florida
whose post office address is P.O. Box 100, Edgewater, FL 32132-0100
hereinafter called the grantee:
(Wherever DIed herein the tenns "grantor" and "grantee" include all the parti.. to this Instrument and the
heln, legal repre.entatlves and assigns of Individuals, and the succes.on and as.lgns of corporation.)
Bitntlllldlt: That the grantor, for IA,nd in consideration of the sum of $ TEN--------- 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 in VOLUSIA
County, State of FLORIDA , viz:
Parcel 1 - That portion of Sanchez Avenue lying easterly
of Riverside Drive, Sanchez Avenue being a fifty (50)
foot right-of-way as depicted on the plat for Palmetto
Park Subdivision, Edgewater, Florida, which is recorded
in Map Book 5, page 184 of the Public Records Qf Volusia
County, Florida.
urngdlttt. with all the tenements, hereditaments and appurtenances thereto belonging or in anywise
appertaining.
urn )lant anb tn Jlnlb. the same in fee simple forever.
Anb the grantor hereby 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 91, 19 92.
In Bitntllll .lttttnf. the said grantor has signed and sealed these presents the day and year first above
written.
Ud~TL/
Signature
Ii.D
CATHERINE GROSS
Printed Signatnre
M. Vanderhoeven
621 N. Riverside Drive,New Smyrna
Post Office Add...... Beach, FL 32168
Signature
t
Signature
Ii.D
Printed Signature
Printed Signatu~
Signature
Post Office Address
Printed Signature
STATE OF FLORIDA
COUNTY OF VOLUSIA
CATHERINE GROSS,
I hereby Certify that on this day, before me, an officer duly authorized
) to administer oaths and take acknowledgments, personally appeared
a single woman also known as CATHERINE T.GROSS
known to me to be the person _ describ~d in and who executed the foregoing instrument, who acknowledged before me that she
executed the same, that I relied upon the following fOmI_ of identification of the above-named person_: nGl
and that an oath (wasXwas not) taken.
NOTARY RUBBER STAMP SEAL
~ Witn~ss my hand and official DhC County and State last aforesaid this
~ A , Ld8YO(._ 1,0 13(~ I L .A.D.I992_.
'II f~61... cLc'\....-LJ L-,<
Notary I .lure _
..... .' , ~,~':: (l) . ( 'll)(.k ( 1'0" , ., ,)
Printed Notary Siguftture
10
03
91
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EASEMENT
TIllS INDENTURE made and executed this Lf-Jh day of November, 1992, byand
between TIlOMAS LOVELAND and WILLETTE H. LOVELAND, husband and wife,
(hereinafter "Grantor") and the CITY OF EDGEW A TER, FLORIDA, a municipal corporation
(hereinafter "Grantee").
WHEREAS, Grantor is the owner of certain land located in Edgewater, Florida, over
which Grantee intends to construct a Riverwalk for the recreational enjoyment and increased
safety of the citizens of Edgewater.
WITNESSETII, that Grantor for and in consideration of the sum of $10.00 and other
valuable considerations, receipt of which is hereby acknowledged, does grant unto Grantee a
perpetual easement over, upon, through, and under the following described premises for the
purpose of constructing, repairing, maintaining, and utilizing the RiveIwalk and any associated
appurtenances including, but not limited to, street lights, landscaping, and drainage facilities:
The West 10 feet of Lots 45A and 46A in Palmetto Park
Subdivision in Edgewater, Vol usia County, Florida,
according to Map Book 5, page 184, Public Records of
Vol usia County, Florida.
The granting of this easement shall not effect any lot size determination for the purpose
of fulfilling the requirements of the land development regulations of the City of Edgewater.
This grant of easement shall be binding upon the heirs, successors, administrators and
assigns of Grantor.
....
...""
. .
IN WITNESS WHEREOF, Grantor has caused this instrument to be signed on the day
and year first written above.
Signed, sealed and delivered in
the presence of:
~~ j ~,,,~
ill 1 ~ l:U.A..Iulo o..-.J
i essOuZOl-{)()e m .<....:b..rAef'boeu€.f'
~d'~~~
Thomas Loveland W
tJ~1L~ Q1~~~
Willette H. Loveland
STATE OF FLORIDA
COUNTY OF VOLUSIA
I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the
State and County aforesaid to take acknowledgements, personally appeared THOMAS
LOVELAND and WILLETTE LOVELAND, husband and wife, who produced ~
as identification, well known to me and known to me
to be the persons described in and who executed the foregoing instrument and have
acknowledged before me that they executed the same, and who (did)(did not) take an oath.
WITNESS my hand and official seal in the County and State last aforesaid this Lj#"
day of November, 1992.
lit~~,f! ~
No y PublIc
Commission Expires:
""''''') E S
$$.~f.' ~ KAREN L. SKE L
(.{ \. MY COMMISSION EXPIRES
.~~;~ June 24 1995
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