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2017-R-17 This original document has been recorded electronically Book:7393 Page: 1186 Date:5/3/2017 09:21 AM Instrument#2017087209#1 Laura E.Roth,Volusia County,Clerk of Court Submitted by:Wright&Casey,P.A. RESOLUTION NO. 2017-R-17 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA, AUTHORIZING THE MODIFICATION OF AGREEMENT FOR EASEMENTS AND COVENANTS RELATING TO A DRIVEWAY EASEMENT; AUTHORIZING THE MAYOR TO EXECUTE SAID MODIFICATION AGREEMENT; REPEALING RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY AND APPLICABILITY AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, on May 15, 1989, the City entered into an Agreement for Easements and Covenants ("Agreement"), attached hereto as Exhibit "A," which was recorded in Official Records Book 3307, Page 1248, of the Public Records of Volusia County, Florida; WHEREAS, the Agreement granted an easement for the construction of a driveway for the purpose of ingress and egress to certain property; WHEREAS, paragraph 10 of the Agreement provides that: Grantor reserves the right automatically to terminate the rights, privileges and easements hereby granted, should Grantee or any of his heirs, successors and assigns, violate the terms of this instrument, or the easement ceases to be used as a single family residence driveway for a period of one (1) year or more. WHEREAS, the City acknowledges that the easement has never been used as a single family residence driveway and has always been used as a driveway for commercial/industrial purposes; WHEREAS, the City desires to modify the Agreement to provide that the City will irrevocably waive its right to terminate the Agreement pursuant to paragraph 10 thereof; and WHEREAS, the City desires to enter into the Modification to Agreement for Easements and Covenants attached hereto as Exhibit"B." NOW THEREFORE, BE IT RESOLVED by the City Council of the City of 1 #2017-R-17 Book:7393 Page: 1187 Date:5/3/2017 09:21 AM Instrument#2017087209#2 Laura E.Roth,Volusia County,Clerk of Court Edgewater, Florida: Section 1. The City Council does hereby authorize the Mayor to execute the Modification to Agreement for Easements and Covenants,attached hereto as Exhibit"B." Section 2. All resolutions or parts of resolutions in conflict herewith be and same are hereby repealed. Section 3. Severability and Applicability. If any portion of this resolution is for any reason held or declared to be unconstitutional, inoperative, or void, such holding shall not affect the remaining portions of this resolution. If this resolution or any provisions thereof shall be held to be inapplicable to any person, property, or circumstances, such holding shall not affect its applicability to any other person, property, or circumstance. Section 4. Adoption and Effective Date. This resolution shall take effect upon adoption. After Motion to approve by and Second by r , the vote on this resolution was as follows: AYE NAY Mayor Michael Ignasiak N Councilwoman Christine Power N Councilwoman Amy Vogt Councilman Dan Blazi Councilman Gary Conroy 2 #2017-R-17 Book:7393 Page:1188 Date:5/3/2017 09:21 AM Instrument#2017087209#3 Laura E.Roth,Volusia County,Clerk of Court PASSED AND DULY ADOPTED this 1 day of jam? , 2017. ATTEST: CITY COUNCIL OF THE CITY OF EDGEWATER,FLORIDA By: jek4Zh ; Robin L.Matusick Michael Ignasia City Clerk/Paralegal Mayor a a i For aae ee iance only by the City of Approved by the City Council of the City o'Ed Florida. A g �', pp roved as to form of Edgewater at a meeting held on this Jegalityfiy ' I day of t� :3,,G� Aaron R. Wolfe, Esquire 2017 under Agenda Item 0.8+ . City Attorney Doran Sims Wolfe&Ciocchetti 3 #2017-R-17 Book:7393 Page:1189 Date:5/32017 09:21 AM Instrument 82017087209 84 ,. Laura E Roth,Volusia Counts,Clerk of Court BOOK' PAGE aft ,� 3 3 0 7 t 2 4 8 RECORD VERIFI D- CLERK CIRCUIT S A'CD.COUP:2 YOLUSIA CO. Ft. 0 6 7 5 8 6 89 MAT 23 P11 2: 08 �7 ]GRXIOCINT FOR BABECINTS AND COVFRANTS THIS GRANT OF EASEMENT, made and entered into on the LS day of may ,198 9 , by and between the CITY OF EDGEWATER, a Florida Municipal Corporation (the ^Grantor^ )and CUSfsIM1, a division 9f Outboard Marine Cora. , A resident of Volusia County, State of Florida, (the 'Grantee" ) . WITNESSETH WHEREAS, a certain five (5 ) foot strip of real property has been previously deeded to Grantor for the purpose of establishing a buffer strip encircling the Florida Shores Subdivision, and WHEREAS, Grantee is seized in fee simple of a parcel of land contiguous to Grantor's buffer strip and more particularly described as follows: Commence at the Southeast corner of U.S.I,ot 4, Section 3, Township 18 South, Range 34 East and run North 89 degrees 19' W 125 feet along the South line of said Lot 4 for the Point of Beginning; thence North 20 degrees 28'30-W, 535.8 feet; thence North 89 degrees 43' W, 320.8 feet to the Easterly R/W line of the Florida East Coast Railroad; thence with the said R/W line South 20 degrees 28'30" E, 533.4 feet to the South line of said U.S. Lot 4; thence S 89 degrees 19' E, 321.7 feet along the said South line to the Point of Beginning, all being in U.S. Lot 4, Section 3, Township 18 South, Range 34 East situated and being in Volusia County, Florida. WHEREAS, Grantee has requested Grantor for a means of ingress and egress to the above described premises, and WHEREAS, the City Council of the City of Edgewater, at a regular scheduled meeting on the 3rd day of April, 1989, has agreed to provide Grantee with a means of ingress and egress to the above described property. NOW, THEREFORE: That pursuant to this Agreement and in consideration of the sum of Ten ($10.00) Dollars, and other good and valuable consider- ation, receipt of which is acknowledged, Grantor grants unto Grantee, his heirs end assigns, an easement in, to, upon and over t# 1 i{ Book:7393 Page: 1190 Date:5/3/2017 09:21 AM O O K Instrument#2017087209#5 1 PAGE Laura E.Roth,Yolusia County,Clerk of Court 3307 1249 VOLUSIA CO. FL all that paved portion of a certain buffer strip described as • follows: That portion of the five (5) foot planting strip lying northerly of 16th Street and Westerly of Industrial Road being more particulary described as follows: Commence at the Southeast corner of U.S. lot 4 , Section 3, township 18 South, Rang. 34 East; thence N 89 degrees 19'OQ" W along the south line of said U.S. Lot 4, a distance of 125.00 feet for the Point of Beginning; thence S 20 degrees 28' 30" E a distance of 5.36 feet to the Southerly line of said planting strip; thence N 89 degrees 19'00"W along said Southerly line a distance of 321.70 feet to the Easterly R/W of the FEC Railway; thence N 20 degrees 28'30' w, along said R/W, a distance of 5. 36 feet to the said Southerly line of said U.S. Lot 4; thence S 89 degrees 19'00" E, along said south line a distance of 321.70 feet to the Point of Beginning. Containing 1608 .07 square feet more or less. Said easement is given for the sole purpose of constructing driveway for the purpose of ingress and egress to Grantee's property and it is agreed and understood that it is not to be construed as a public right of way or to be used by any other than the occupants, guests, or invitees of said occupants or property owners. The foregoing Grant of Easement shall, however, at all times be subject to the following terms and conditions. 1. This Grant of Easement shall be for a term of ninety-nine (99 ) years from the date of execution. 2. At no time shall Grantee, his heirs, successors, and assigns, legal representatives, and 411 others likely situated, use the above Grant of Easement for any other purpose than the normal use required for ingress and egress to the aforesaid property. 3. It is the express intent of Grantor that the integrity of the buffer strip be preserved to prevent use by the general public. 4 . Grantee shall indemnify Grantor and defend and hold Grantor harmless from and against any and 411 loss, costs, damages, judgement, decree of expense, including without limitation Court costs and reasonable 2 Book:7393 Page: 1191 Date:5/3/2017 09:21 AM "11 Instrument#2017087209#6 3'h 7 1250 25© Laura E.Roth,Volusia County,Clerk of Court J�iV�OLUSIA CO. FL attorney fees, which Grantor may suffer, incur, or sus- tain, or for which Grantor may become liable, arising from or growing out of any and all rights, privileges and easements granted to Grantee hereunder. 5. Any rights not specifically granted to the Grantor herein are reserved to the Grantor, 6 . Grantee covenants and agrees to at all times con- struct, maintain and make necessary repairs to the driveway at their own expense. 7. All of the above terms and conditions shall be deemed and are hereby made covenants running with the land and shall be binding on all persons claiming under Grantees for the duration of this Grant of Easement. 8. Enforcement shall be by action against any person or persons violating or attempting to violate any of the terms and conditions herein contained, to restrain said violation or to recover damages. If Grantor brings any action, it shall be entitled to recover, in addition to coats and disbursement allowed by law, such sum as the Court may adjudge to be reasonable for the services of its attorney. 9. The Grant of Easement shall be recorded in the Public Records of Volusia County, Florida. 10. Grantor reserves the right automatically to term- inate the rights, privileges and easements hereby granted, should Grantee or any of his heirs, successors and assigns, violate the terms of this instrument, or the easement ceases to be used as a single family residence driveway for a period of one (1) year or more_ 3 Book:7393 Page: 1192 Date:513!2017 09:21 AM Instrument 42017087209#7 B 00 ura E.RotlPlAIG1County,Clerk of Court 3307 1251 VOLUSIA CO. FL IN WITNESS WHEREOF, the parties have set their hands and seals the day and year first above written. Signed, sealed and delivered in our presence as witnesses: lLi7. '�z�.—�- ATTEST: GRANTEE Signed, sealed and / delivered in our presence .c J • Q?. 4-l� as witnesses: Yi JyLI�! i�L�f� i QQ1 STATE OF FLORIDA ) )SS COUNTY OP VOLUSIA I HEREBY CERTIFY, that on this day before me, an officer duly authorized in the State aforesaid and in the County aforesaid to take acknowledgements personally appeared EL,. .1 11, sc4u... S /'Z to me known to be the persona described in and who executed the foregoing instrument and they acknowledged before me that they executed the same. WITNESS my hand and official seal in the County and State last aforesaid thin It",Ii day of ,19B9 • . • . • Notary Publ. c State of l� a My Commission expires:",-. :‘, Notary PuNk, State of Ronda My Com•n,ioon Erpres t$o,. 29. T99! .•nN MA',.,r .n Iw,.•M..1.. 4 Book:7393 Page: 1193 Date:5/3/2017 09:21 AM Instrument#2017087209#8 Laura E.Roth,Volusia County,Clerk of Court OFFICIAL RECORDS BOOK 3307 PAGE(S) 1252 - 1254 ARE MEANT TO BE BLANK. CLERK'S NUMBER(S) VOIDED Amami . Book:7393 Page:1194 Date:5/3/2017 09:21 AM Instrument#2017087209#9 Laura E.Roth,Volusia County,Clerk of Court MODIFICATION TO AGREEMENT FOR EASEMENTS AND COVENANTS THIS MODIFICATION to Agreement for Easements and Covenants is made and entered into this / day of May, 2017, by the CITY OF EDGEWATER, a Florida municipal corporation("City"). WITNESSETH WHEREAS, on May 15, 1989, the City entered into an Agreement for Easements and Covenants ("Agreement"), attached hereto as Exhibit "A," which was recorded in Official Records Book 3307, Page 1248, of the Public Records of Volusia County,Florida; WHEREAS, the Agreement granted an easement for the construction of a driveway for the purpose of ingress and egress to certain property; WHEREAS,paragraph 10 of the Agreement provides that: Grantor reserves the right automatically to terminate the rights, privileges and easements hereby granted, should Grantee or any of his heirs, successors and assigns, violate the terms of this instrument, or the easement ceases to be used as a single family residence driveway for a period of one(1)year or more. WHEREAS, the City acknowledges that the easement has never been used as a single family residence driveway and has always been used as a driveway for commercial/industrial purposes; WHEREAS, the City desires to modify the Agreement to provide that the City will irrevocably waive its right to terminate the Agreement pursuant to paragraph 10 thereof. NOW THEREFORE: In consideration of the sum of Ten Dollars ($10.00) and other good and valuable consideration, receipt of which is hereby acknowledged, the City Agrees to irrevocably waive any and all rights it now has, or has ever had, or may have in the future, to terminate the MODIFICATION TO AGREEMENT FOR EASEMENTS AND COVENANTS PAGE 1 OF 2 Book:7393 Page:1195 Date:513t2017 09:21 AM Instrument#2017087209#10 Laura E.Roth,Volusia County,Clerk of Court Agreement for Easements and Covenants dated May 15, 1989 and recorded in Official Records Book 3307, Pages 1248-1251, Public Records of Volusia County. Florida, pursuant to paragraph 10 of said Agreement. IN WITNESS WHEREOF, the City has set its hand and seal on the day and year first above written. CITY OF EDGEWATER, FLORIDA By: ds. Michael Ignasia, {�.._. .. Mayor TEST: aat ". r • (3bizird.re, •— Robin Matusick, City Clerk/Paralegal MODIFICATION TO AGREEMENT FOR EASEMENTS AND COVENANTS PAGE 2 OF 2