89-R-52rfkur
3,`13 ►Si l
VOLUCiA COJL
RESOLUTION NO. 89-R-52
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF EDGEWATER, FLORIDA, AUTHORIZING THE APPROP-
RIATE CITY OFFICIALS OF THE CITY OF EDGEWATER,
FLORIDA TO EXECUTE AN EASEMENT WITH THE BOARD
OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST
FUND OF THE STATE OF FLORIDA; REPEALING ALL
RESOLUTIONS IN CONFLICT HEREWITH AND PRO-
VIDING FOR AN EFFECTIVE DATE.
WHEREAS, the owners of a parcel in the City of Edgewater wish
to develop a planned industrial use of their parcel and the
northerly extension of Flagler Avenue to provide ingress and
egress; and
WHEREAS, an easement is needed across property owned by the
Board of trustees of the Internal Improvement Trust Fund of the
State of Florida; and
WHEREAS, it will serve the public interest to enter into this
easement as long as the conditions established by the Planning
Department are met; and
WHEREAS, this project will enhance the City's tax base and it
is to the benefit of the health, welfare, and safety of the
citizens.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF EDGEWATER, FLORIDA:
SECTION 1: That the City Council of the City of Edgewater,
Florida, authorizes the appropriate City officials of the City of
Edgewater to execute the Easement of the Board of Trustees of the
Internal Improvement Trust Fund of the State of Florida subject to
following precedent conditions:
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1) The Planned Industrial Development district to
be developed known as Highlands Shores subdivision does
not meet the minimum requirements for lot depth or width
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and will have to be replatted.
2) Flagler Avenue was vacated December 18, 1972, but
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is being used as a private road. This part of Flagler
Avenue should be paved and rededicated to the City.
3) The Flagler Avenue "extension" needs to be
seventy ( 70 ) feet in width, and paved, and should be
redesigned to accommodate the old and new road.
4) No access to Highland Avenue preventing heavy
traffic into a well established residential area.
5) Must meet all requirements of the Planned
Industrial Development District.
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BOOK PAGE
3413 1572
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SECTION 2: That the City Council of the City of Edgewater,
Florida, hereby authorizes the appropriate officials of the City
of Edgewater to execute said Easement.
SECTION 3: That all resolutions or parts of resolutions in
conflict herewith are hereby repealed.
SECTION 4: That this resolution shall take effect immedi-
ately upon its adoption by the City Council of the City of Edge-
water, Florida, at a Regular meeting of said Council held on the
17 day of July ,198 9 , and approved as provided by
This resolution was introduced and sponsored by Councilman
xatf ield and was read and passed by a vote of the City Council
of the City of Edgewater, Florida, at a Regular meeting
of said Council held on the 17 day of July , 1989 ,
and authenticated as provided by law.
ROLL CALL VOTE ON RESOLUTION NO. 89-R-52 AS FOLLOWS:
oLa-
AP roved this.__jZday of
1`988 •-
MAYOR
Approvlpd for form:
C TTO
2 Rea. No. 89-R-52
BOOK _ PAGE
3413 1513
6AE8101 VO1..USIAH CO.,F`
BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND
OF THE STATE OF FLORIDA
EASEMENT
Easement No. 28229
THIS INDENTURE, Made and entered into this x3,4ti day of
19 ��- , between the BOARD OF TRUSTEES OF THE
INTERNAL IMPROVEMENT TRUST FUND OF THE STATE OF FLORIDA, acting
pursuant to its authority set forth in Section 253.03, Florida
Statutes, hereinafter referred to as "GRANTOR", and the
CITY OF EDGEWATER, hereinafter referred to as "GRANTEE".
WHEREAS, GRANTOR is the owner of the hereinafter described
real property, and
WHEREAS, GRANTEE desires an easement across the hereinafter
described real property for the construction and maintenance of a
public right-of-way.
NOW THEREFORE, GRANTOR for and in consideration of mutual
covenants and agreements hereinafter contained, has granted, and
by these presents does grant a non-exclusive easement unto
GRANTEE, over and across the following described real property in
Volusia County, Florida to -wit:
(See Exhibit A Attached)
Subject to the following terms and conditions:
1. DELEGATIONS OF AUTHORITY: GRANTOR'S responsibilities
and obligations herein shall be exercised by the Division of
State Lands, Department of Natural Resources pursuant to Chapter
18-2, Florida Administrative Code and applicable delegations of
authority.
2. TERM: The term of this easement shall be for a period
of fifty (50) years commencing on l7'C -IC'91 and ending on
"a-l-Jli 30i , according to the terms and conditions
specified in this easement unless otherwise terminated pursuant
to the provisions of this easement.
Page 1 of 7
Easement No. 28229
BOOK PAGE
3413 1574
3. USE: This easemV%UG4P M.,ftmited to the
construction and maintenance of a public road and public
utilities upon, under and across the described property for
ingress and egress during the term of this easement.
4. ASSIGNMENT: This easement shall not be assigned in
whole or in part without the prior written approval of GRANTOR.
Any assignment granted either in whole or in part without the
prior written approval of GRANTOR shall be void and without legal
effect.
5. RIGHT OF INSPECTION: GRANTOR or its duly authorized
agents, representatives or employees shall have the right at any
and all times to inspect this easement and the works of GRANTEE
in any matter pertaining to this easement, following written
request by the Division of State Lands, Department of Natural
Resources as agents for GRANTOR and for the purpose of doing
other lawful acts that may be necessary to protect GRANTOR'S
interest herein.
6. OTHER USES OF PROPERTY: This easement shall be
non-exclusive. GRANTOR retains the right to engage in any
activities on, over, across or below the easement area which do
not unreasonably interfere with GRANTEE'S exercise of this
easement and further retains the right to grant compatible uses to
third parties during the term of this easement.
7. EXPIRATION: GRANTEE agrees that upon termination of
this easement all authorization granted hereunder shall cease and
terminate.
8. CLEARING AND DISPOSAL OF BRUSH: GRANTEE agrees to
dispose of, to the satisfaction of GRANTOR, all brush and refuse
resulting from the clearing of the land for the uses authorized
hereunder. If timber is removed in connection with clearing the
right-of-way for this easement, the net proceeds derived from the
sale of such timber shall accrue to GRANTOR.
9. SITE RESTORATION: Upon termination of this easement
GRANTEE agrees to restore the lands over which this easement is
granted to substantially the same condition as existed on the
date of execution of this easement.
Page 2 of 7
Easement No. 28229
10. MAINTENANCE: GRANTEE shall take all reasonable
precautions to control soil erosion and to prevent any other
degradation of the real property described in Exhibit A during
the term of this easement.
11. NON-DISCRIMINATION: As a condition of obtaining this
easement agreement GRANTEE hereby agrees not to discriminate
against any individual because of that individual's race, color,
religion, sex, national origin, age, handicaps. or marital status
with respect to any activity occurring within this easement or
upon lands adjacent to and used as an adjunct of this easement.
12. INDEMNITY: GRANTEE hereby covenants and agrees to
investigate all claims of every nature at its own expense, and to
indemnify, protect, defend, hold and save harmless GRANTOR and
the State of Florida from any and all claims, actions lawsuits
and demands of any kind or nature arising out of this easement to
the extent provided by law.
13. USE OF WATER: GRANTEE agrees that water shall not be
removed from any source on this easement, including, but not
limited, to a water course, reservoir, spring, or well, without
the prior written approval of GRANTOR.
14. REMOVAL OF DEBRIS: GRANTEE agrees to clear, remove and
pick up all debris including but not limited to containers,
papers, discarded tools and trash foreign to the work locations
and dispose of the same in a satisfactory manner as to leave the
work locations clean and free of any such debris.
15. DISPOSAL OF CONTAMINATING FLUIDS: GRANTEE agrees that
it shall not dispose of any contaminating fluids including, but
not limited, to chemicals or other agents produced or used in its
operations on this easement or on any adjacent state land or in
any manner not permitted by law.
16. COMPLIANCE WITH LAWS: GRANTEE agrees that this
easement is contingent upon and subject to GRANTEE obtaining all
applicable permits and complying with all applicable permits,
regulations, ordinances, rules, and laws of the State of Florida,
the United States or of any political subdivision or agency
thereof, which may be required for the uses granted herein.
Page 3 of 7
Easement No. 28229
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17. ARCHAEOLOGICAL AND HISTORIC SITES: Execution of this
easement in no way affects any of the parties' obligations
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pursuant to Chapter 267, Florida Statutes. The collection of
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artifacts or the disturbance of archaeological and historic sites
on state-owned lands is prohibited unless prior authorization has
been obtained from the Division of Historical Resources of the
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Department of State.
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18. PROHIBITIONS AGAINST LIENS OR OTHER ENCUMBRANCES:
GRANTEE hereby covenants and agrees that fee title to the lands
underlying this easement is owned by GRANTOR and that GRANTEE
shall not do or permit anything to be done which purports to
create a lien or encumbrance of any nature against the real
property of GRANTOR including, but not limited to, mortgages or
construction liens against the real property described in
Exhibit A or against any interest of GRANTEE therein.
19. PARTIAL INVALIDITY: If any term, covenant, condition
or provision of this easement shall be ruled by a court of
competent jurisdiction to be invalid, void, or unenforceable, the
remainder shall remain in full force and effect and shall in no
way be affected, impaired or invalidated.
20. SOVEREIGNTY SUBMERGED LANDS: This easement does not
authorize the use of any lands located waterward of the mean or
ordinary high water line of any lake, river, stream, creek, bay,
estuary, or other water body or the waters above such lands or
the air space thereabove.
21. DUPLICATE ORIGINALS: This easement is executed in
duplicate originals each of which for all purposes shall be
considered an original.
22. ENTIRE UNDERSTANDING: This easement sets forth the
entire understanding between the parties. It shall not be
changed or terminated orally. The provisions of this easement
are not severable. This easement shall not be amended without
the prior written approval of GRANTOR. Any amendment not
approved in writing by GRANTOR and executed with the same
formality as this easement shall be void and without legal
effect.
Page 4 of 7
Easement No. 28229
23. TIM: Time is expressly declared to be the essence of
this easement. W pp
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24. RIGMT OF AUDIT: GRANTEE shall make available to --
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GRANTOR all financial records relating to this easement and <+r
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GRANTOR shall have the right to audit such records at any _
reasonable time. This right shall be continuous until such audit _t,7 .,J
is completed and exercised without unreasonably interfering with m
GRANTOR'S operations on the easement. This easement may be
terminated by GRANTOR should GRANTEE fail to allow public access
to all documents, papers, letters or other materials made or
received in conjunction with this easement, pursuant to Chapter
119, Florida Statutes.
25. PAYMENT OF TAXES AND ASSESSMENTS: GRANTEE agrees to
assume all responsibility for liabilities that accrue to the
easement area or to the improvements thereon including any and
all drainage and special assessments or taxes of every kind and
all mechanic's or materialman's liens which may be hereafter
lawfully assessed and levied against this easement during the
effective period of this easement.
26. AUTOMATIC REVERSION: This easement is subject to an
automatic termination and reversion to GRANTOR when, in the
opinion of GRANTOR, this easement is not used for the purposes
outlined herein, and any costs or expenses arising out of the
implementation of this clause shall be borne completely, wholly
and entirely by GRANTEE.
27. ASSENT TO EASEMENT AGREEMENT TERMS AND CONDITIONS:
GRANTEE joins in this easement for the purpose of indicating its
assent to all terms and conditions hereof and agrees to be bound
hereby.
Page 5 of 7
Easement No. 28229
28. GOVERNING LAW: This easement shall be governed by and
interpreted according to the laws of the State of Florida.
IN WITNESS WHEREOF, the parties have caused this easement C � O
to be executed the day and year first above written. b
Witness
V, G.� w-
Witness
STATE OF FLORIDA
COUNTY OF LEON
r- 7;
BOARD OF TRUSTEES OF THE INTERNAL W
IMPR VE --RENT TRUST FUND OF THE
STATE OF FLORIDA .
By: LA (. ' (SEAL`): C.)Cn . -p
-,
LANDS, DEPARTMENT OF NATu,M t" 0-fl1
RESOURCES
"GRANTOR"
The foregoing instrument was acknowledged before
54, day of f1 r, _, i.,,, , 19?, ,_, by Percy W
Jr., as Director, Division of State Lands, Department
Resources. -
_(SEAL)
J'.Naarp t:ae d.�rEa
'
My Commission Expires ;,,.,..� ,'1, 1Si2
Approved as to Form and Legality
Dy Attorney
CITY OF EDGEWATER, VOLUSIA
Its: MAYOR -
"GRANTEE"
STATE OF FLORIDA
COUNTY OF VOLUSIA
The foregoing instrument was acknowledged before me this
I day of L +C�nwt' 19�`� by 1�Ni,d
as
NOTARY P ,g,IC - �,•,dSo.' �`.
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My Commission Expires:"oY �OpJ
2S, IWl �1
[aeesJ INu L., bin -Ime .l
Page 6 of 7
Easement No. 28229
EXHIBIT A
LEGAL DESCRIPTION OF THE EASEMENT
A 70.00 foot R/W being a portion of Lots 19 and 20, Assessor's
Subdivision of the Sheppard and Sanchez Grant as per map in Map
Book 3, page 49 and as per map Book 14, page 99 of the Public
Records of Volusia County, Florida and being more particularly
described as follows: Commence at the Northwest corner of said
Lot 20, thence N 73' 50' 01" E, along the Northerly line of said
Lots 19 and 20, a distance of 120.80 feet for the Point of
Beginning; thence continue N 73` 50' 01" E along the Northerly
line of said Lot 19, a distance of 70.70 feet; thence S 24` 14'
06" E, a distance of 90.00 feet to the Southerly line of said Lot
20, thence S 73' 50' 01" W, along the Southerly line of said Lot
20, a distance of 70.70 feet; thence N 24. 14' 06" W, a distance
of 90.00 feet to the Point. of Beginning; said parcel lying within
Section 50 and 51, Township 17 South, Range 34 East, and
containing 6300.01 square feet or 0.14 acre more or less.
Page 7 of 7
Easement No. 28229
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