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Reolution No. 24-41RESOLUTION NO. 2441 A RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA AUTHORIZING THE ACCEPTANCE OF A NON-EXCLUSIVE GRANT OF ACCESS AND PARKING EASEMENT ON REAL PROPERTY OWNED BY AMERICAN LEGION POST 316 AT 1127 ATLANTIC BOULEVARD, ATLANTIC BEACH (REAL ESTATE PARCEL NO. 170711-0011), ADJACENT TO BEACHES VETERANS MEMORIAL PARK, 1 WEST FIRST STREET, ATLANTIC BEACH, SUBJECT TO THE TERMS THEREIN; AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE EASEMENT AGREEMENT. WHEREAS, the City of Atlantic Beach ("City") is the owner of real property located at 1 West First Street, Atlantic Beach, Florida 32233 (Real Estate Parcel No. 170716-0100) (Beaches Veterans Memorial Park property); and WHEREAS, American Legion Post 316 ("American Legion") is the owner of real property located at 1127 Atlantic Boulevard, Atlantic Beach, Florida 32233 (Real Estate Parcel No. 170711-0011), adjacent to the Beaches Veterans Memorial Park property; and WHEREAS, the City and American Legion have determined that for the enjoyment of Beaches Veterans Memorial Park, it is in the public's best interest that American Legion permit public ingress and egress to and over, and parking within, the American Legion property pursuant to the terms and conditions set forth herein in the Easement Agreement. NOW THEREFORE, be it resolved by the City Commission of the City of Atlantic Beach, Florida, as follows: SECTION 1. The City Commission hereby authorizes the acceptance of a Non -Exclusive Grant of Access and Parking Easement ("Easement Agreement") as set forth in Exhibit A. attached hereto and made a part hereof. SECTION 2. The City Manager is hereby authorized to execute the attached Easement Agreement and such other documents as may be necessary to effectuate the purpose of this Resolution. SECTION 3. This Resolution shall take effect immediately upon its passage and adoption. PASSED AND ADOPTED by the City of Atlantic Beach, this 22°d day of July 2024. Curtis Ford, Mayor Attest: Donna L. Bartle, City Clerk Approved as to form and correctness: Jason. bri , City Attorney EXHIBIT A Prepared by and return to: Project: BVMP Access RE Parcel #: 170716-0100 NON-EXCLUSIVE GRANT OF ACCESS AND PARKING EASEMENT THIS NON-EXCLUSIVE GRANT OF ACCESS AND PARKING EASEMENT, made this _8V1 day of JTJ L / 1 2024, by and between American Legion Post 316, a 50 C (19) organization, whose address is 1127 Atlantic Boulevard, Atlantic Beach, FL 32233 (the "Grantor"), and the City of Atlantic Beach (COAB), a body politic and corporate, whose address is 800 Seminole Road, Atlantic Beach, Florida, 32233 (the "Grantee"). WITNESSETH: that Grantor, for and in consideration of the sum of Ten and 00/100 dollars ($10.00) and other good and valuable consideration to them in hand paid by Grantee, the receipt of which is hereby acknowledged, has granted, bargained, sold, and conveyed to the Grantee, its successors and assigns forever, an unobstructed right of way and easement with the right, privilege, and authority to said Grantee, its successors and assigns, to access the BEACHES VETERANS MEMORIAL PARK, at 1 West 11 St., Atlantic Beach, either or all, on, along over, through or across, the following described land situate in Duval County, Florida, to wit (the "Easement Property"): Plat 18-34 38 -2S -29E 2.90 Acres Atlantic Beach Section H Blocks 14, 15, 16, 17, 18 (Ex Pt R/W Recd) O/R 9594-481 TOGETHER with the right of said Grantee, its successors and assigns, of ingress and egress to and over said Easement Property, together also with the right and easements, privileges and appurtenances, and for parking (vehicular or otherwise), in and to said land which may be required for the enjoyment of the rights herein granted. GRANTOR represents and warrants that it is the true owner of record of the Easement Property and that it has full power and authority to grant to Grantee the rights granted hereunder. IN WITNESS WHEREOF, Grantor has caused these presents to be executed in its name the day and year first above written. Signed and Sealed in Our Presence as Witnesses: Sign Print Y Sign t Print @S STATE OF Florida COUNTY OF Duval GRANTOR: Sign 0/y, , Print: 41ja-oF" 2, kA Title: n m m ,q rJC> F_ Q Sv t,Y a,4' The foregoing instrument was acknowledged before me this AM day of Je", 2024 by (name) -741►i6S Z,, ISAIO i , the Commander of American Legion Post 316, a 501 c (19) organization, on behalf of the organization. He/She is (check one) personally known to me or _ has produced as identification. Er CI.gRFNCE E. HILL MY COMMISSION # HH 472346 EXPIRES: February 23,2028 � (seal) COAB REPRESENATIVE Sign: Print: Title: Print C4.A'2.wA�44,Z A, H1 '-t- Notary Public, State and County aforesaid Commission No.: 111/ -t4 7 13 g b My commission expires: .z AS 2.03.-9