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DEED OF RIGHT-OF-WAY EASEMENTPrepared by and Return to: Timothy S. Franklin, Esq. Franklin Legal, PL 60 Ocean Blvd., Suite 10 Atlantic Beach, Florida 32233 Tax Parcel I.D. No. : 172150-0000 Doc # 2016284830, CR BK 17810 Page 4.06, Number Pages 4 Recorded 12x14.2016 at 12:34 PM, Ronnie Fussell CLERK CIRCUIT COURT DUVAL CCUNTY RECORDING $35.50 DEED DCC ST $0.70 DEED OF RIGHT-OF-WAY AND EASEMENT THIS DE D OF DEDICATION OF RIGHT-OF-WAY AND EASEMENT ("Deed") is made and given this day of 01/00/<, , 2016, by DONNER CDL, LLC, a Florida limited liability company with a registered address of 355 11th Street, Atlantic Beach, Florida 32233 ("Grantor"), to CITY OF ATLANTIC BEACH, FLORIDA, a Florida municipal corporation ("Grantee"), where the terms Grantor and Grantee as used hereafter include all parties to this instrument singular and/or plural and all heirs, successors, assigns or legal representatives of individual or entities. WITNESSETH WHEREAS, in conjunction with application for plat approval for Ardella Place, it was determined that a portion of Ardella Road, a 30' right-of-way as now established and maintained by the City of Atlantic Beach, Florida, is included within the legal description of the to -be -platted lands; WHEREAS. aside from an affidavit of the City's Public Works Director recorded on 6/1/98 at Official Records Book 8960, Page 2401, current public records of Duval County, Florida, affirming that the City had maintained such road for not less than seven (7) years at such time, and aside from some references to an "easement for road and sewer purposes" contained in certain recorded instruments, no right of way and easement has heretofore been expressly dedicated or conveyed to the City by a recorded instrument; and, WHEREAS, the Grantor and Grantee agree that Ardella Road is currently in use and maintained by the City, and that the City should be granted a proper deed of right-of-way and easement. NOW THEREFOR, GRANTOR, for good and valuable consideration including the City's approval of the Ardella Place plat, the receipt and sufficiency of which is acknowledged, hereby dedicates, grants, conveys, transfers and releases to Grantee, its successors and assigns forever, a non-exclusive and perpetual unobstructed right, easement and public right-of-way for ingress, egress and access purposes for persons and vehicles and related facilities such as sidewalks, lighting, landscaping and irrigation as well as electric, sewer, potable water and other proper municipal and public purposes over, under. across. above and through that certain land situate, lying and being in Duval County, Florida, described as follows: 00115731-1 SEE EXHIBIT "A" LEGAL DESCRIPTION / MAP ATTACHED AND INCORPORATED. TOGETHER with the right of said Grantee, its successors and assigns, for doing anything necessary, useful or convenient upon. over, under, or in said lands, together also with the right and easements. privileges and appurtenances in and to said land which may be required for the enjoyment of the rights herein granted. RESERVING to Grantor the bare, fee simple title in the lands comprising and underlying such burdened easement property as above-described, GRANTOR represents and warrants that is lawfully seized of said land in fee simple and is the true owner of record of the lands described herein and has good right and lawful authority to grant the right-of-way, easements and rights hereby conveyed. Notwithstanding anything to the contrary. Grantor makes no claim of warranty of title with respect to any rights or easements currently held by the public or the City of Atlantic Beach, Florida, in and to the conveyed lands, pursuant to prior use or maintenance for any statutorily prescribed periods of time. Documentary Stamp taxes have been paid in the minimum amount of $ .70 where the consideration given was non -monetary, and where there is currently no mortgage or encumbrance on the property. IN WITNESS WHEREOF, Grantor has executed this deed as set forth hereafter on the date first above written. Signed, sealed and delivered in our presence: i t n e s 5..1___S i gtlaa� tu re Witness 1 - Printed Name Wit 'ess 2 „ Signature' C/1 Witness 2 - Printed Name DONN, CDIJLC, by its Manager, Christopher D. Lambertson STATE OF FLORIDA COUNTY OF DUVAL. THIS INSTRUMENT was acknowledged before me this LAMBERSTON, being identified to me as follows: Personally Known: Produced I.D.: Type of I.D.: My Commission Expires: [SEAL] by CHRISTOPHER D. No No "ted Name ACCEPTANCE BY GRANTEE =. �.• ' Commission # FF 128391 r��� ` Expires June 21, 2018 '•f„! �s'e,:t:�°;°• Banded TMu Troy Fan Insurance 800-385.7019 This Deed of Dedication of Right of Way and Easement is hereby accepted this day of , 2016 by the City of Atlantic Beach, Florida in accordance with action taken to approve the Ardella Place plat by the City on August 8, 2016. ATTEST: /dY/IZ�i Donna Bartle, City Clerk Approved as to form and correctness: Br -nn. Duren, City Attorney 007157 31-1 107 City of Atlantic Beach, Florida Mitchell E. Reeves, Mayor -Amer " MAP OF A PART OF LOT 15, DONNER'S SUBDIVISION ACCORDING TO A PLAT THEREOF RECORDED IN PLAT BOOK 8, PAGE 4 OF THE CURRENT PUBLIC RECORDS OF DUVAL COUNTY, FLORIDA AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: FOR A POINT OF BEGINNING, COMMENCE AT THE INTERSECTION OF WEST LINE OF SAID LOT 15, AND THE NORTH RIGHT OF WAY LINE OF DONNERS ROAD AS SHOWN ON PLAT RECORDED IN PLAT BOOK 19, PAGE 16, OF SAID PUBLIC RECORDS; THENCE NORTH 00'38'45" WEST, ALONG THE WEST LINE OF SAID LOT 15, A DISTANCE OF 286.00 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE NORTH 00'38'45" WEST, AND ALONG THE WEST LINE OF SAID LOT 15, A DISTANCE OF 30.00 FEET; THENCE NORTH 89'46'30" EAST, A DISTANCE OF 50.00 FEET; THENCE SOUTH 00'38'45" EAST, PARALLEL WITH THE WEST LINE OF SAID LOT 15, A DISTANCE OF 30.00 FEET; THENCE SOUTH 89'46'30" WEST, A DISTANCE OF 50.00 FEET TO THE POINT OF BEGINNING. CONTAINING 1500 SQUARE FEET, MORE OR LESS. POINT OF BEGINNING 50.00' N89'46'30"E POINT OF REFERENCE S89'46'30"W 50.00' O N co p) i OFFICIAL RECORDS 0' VOLUME 17172, c $ PAGE 1733 Ip r!..; LW I -u 'NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER.' 30.00' S00'38'45"E 70.00' --- ARDELLA ROAD 30' EASEMENT FOR ROAD AND SEWERS AS PER EXHIBIT 'A' ARDELLA ROAD -\BOOK 8853, PAGES 5133 - SOB OFp/C/q4 9270 Rpc°RD GJ qCF 7073 ,044, DONNERS ROAD FRONT Cr WAY VARIES voloys 503 PG S\ON PL SN. PSgO i—OFFICIAL RECORDS VOLUME 9601, PAGE 1777 4 1 30 60 SCALE: 1" = 30' NOTES 1. THIS IS A MAP ONLY. 2. BEARINGS ARE BASED ON THE WEST LINE OF THOSE LANDS DESCRIBED IN OFFICIAL RECORDS BOOK 17172, PAGE 1733 BEING NORTH 00'36'45" WEST. DONN W. BOATWRIGHT, P.S.M. FLA. LIC. SURVEYOR AND MAPPER No. LS 3295 FLA. LIC. SURVEYING & MAPPING BUSINESS No. LB 3672 CHECKED BY: BOATWRIGHT LAND SURVEYORS, INC. DATE: AUGUST 16, 2016 DRAWN BY: swc 1500 ROBERTS DRIVE FILE ti: 2016-0969 SHEET? OF JACKSONVILLE BEACH, FLORIDA 241-8550