Resolution No. 23-06RESOLUTION NO. 23-06
A RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA APPROVING AND
GRANTING A CONDITIONAL NON-EXCLUSIVE GRANT OF ENCROACHMENT
EASEMENT ("EASEMENT AGREEMENT") ON REAL PROPERTY OWNED BY THE
CITY LOCATED AT 1 WEST FIRST STREET (A PORTION OF REAL ESTATE
PARCEL NO.: 170716-0100), SUBJECT TO THE TERMS THEREIN; AUTHORIZING
THE MAYOR TO EXECUTE THE EASEMENT AGREEMENT.
WHEREAS, the City is the owner of certain real property located 1 West First Street, Atlantic Beach,
Florida 32233 (a portion of Real Estate Parcel No.: 170716-0100) consisting of approximately 10,676 square
feet of land that is primarily right-of-way frontage on West First Street ("City Property"), and
WHEREAS, Singleton Associates, LLLP ("Singleton") is the owner of certain real property located
adjacent to the City Property, at 120 Mayport Road, Atlantic Beach, Florida 32233 (Real Estate Parcel No.:
170723-0000) ("Singleton Property"), and
WHEREAS, Singleton operates a mobile home park providing 52 low income workforce mobile home
housing units to residents in the City on the Singleton Property, and approximately 13 of those mobile homes
encroach onto the City Property; and
WHEREAS, the City has determined it is in the public interest to resolve the current encroachment
issue without removing or relocating the existing mobile homes and displacing tenants by granting a conditional
non-exclusive encroachment easement pursuant to the terms and conditions set forth herein.
NOW THEREFORE, be it resolved by the City Commission of the City of Atlantic Beach, Florida, as
follows:
SECTION 1. The City Commission hereby approves and grants the Conditional Non -Exclusive Grant
of Encroachment Easement ("Easement Agreement") as set forth in Exhibit A, attached hereto and made a part
hereof.
SECTION 2. The Mayor 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
Curtis Ford,
Attest:
lk-,&n4i-4 V.
Donna L. Bartle, City Clerk
Approved as to form and correctness:
Jason -4a' , City Attorney
of 2023.
Exhibit A of Resolution No. 23-06 - Easement Agreement
Prepared by and return to:
John T. Dekle, PL
3679 St. Johns Ave
Jacksonville, Florida 32205
CONDITIONAL NON-EXCLUSIVE GRANT OF ENCROACHMENT EASEMENT
THIS CONDITIONAL NON-EXCLUSIVE GRANT OF ENCROACHMENT
EASEMENT ("Agreement"), is made this day of , 2023 ("Effective
Date"), by and between CITY OF ATLANTIC BEACH, FLORIDA, a municipal corporation,
whose address is 800 Seminole Road, Atlantic Beach, Florida 32233 ("Grantor") and
SINGLETON ASSOCIATES, LLLP, a Florida limited liability limited partnership, whose
address is 5001 Philips Hwy., #7-B, Jacksonville, FL 32207 (the "Grantee").
WHEREAS, Grantee is the owner of that certain real property located in Duval County,
Florida which is more particularly described and depicted on Exhibit "A" attached hereto (the
"Grantee Property"), which operates as a mobile home park providing fifty-two (52) low income
workforce mobile home housing units to residents in the City of Atlantic Beach, Florida;
WHEREAS, the Grantor is the owner of that certain real property adjacent to the Grantee
Property located on a portion of 1 West First Street, Atlantic Beach, Florida 32233 (a portion of Real
Estate Parcel No.: 170716-0100) consisting of approximately 10,676 square feet of land that is
primarily right-of-way frontage on West First Street, which is depicted on Exhibit "B" attached
hereto (the "Easement Property"); and
WHEREAS, there are approximately thirteen (13) mobile homes that are encroaching onto
the Easement Property in the locations depicted on Exhibit "C" attached hereto, and the City has
determined it is in the public interest to resolve the current encroachment issue without removing or
relocating the existing mobile homes and displacing tenants by granting a conditional non-exclusive
encroachment easement pursuant to the terms and conditions set forth herein.
NOW, THEREFORE, for and in consideration of the premises hereof, the sums of money
paid and to be paid hereunder, and for other good and valuable consideration, the receipt and
sufficiency of which are hereby acknowledged, the parties hereto do covenant, stipulate and agree as
follows:
i. Recitals. The recitals set forth above are true and correct and incorporated herein by
reference.
2. Exhibits. The exhibits attached to this Agreement are, by this reference, made a
part of this Agreement.
3. Grant of Easement. Grantor hereby declares, establishes, grants, conveys, and
reserves to and for the benefit of Grantee, and Grantee's successors and assigns, and for the benefit
Exhibit A of Resolution No. 23-06 - Easement Agreement
of and appurtenant to the Grantor Property, a conditional non-exclusive easement upon, over, and
across the Easement Property for the purposes of continuing the encroachments of the thirteen (13)
existing mobile homes in their current locations as depicted on Exhibit "C" attached hereto
together with all other rights and purposes incidental to the foregoing, but for no other purposes
whatsoever ("Easement").
4. Grantee Indemnity. Except to the extent arising from or related to Grantor's or it
agent's, employee's, or representative's negligence or misconduct, Grantee hereby covenants and
agrees to indemnify Grantor and hold Grantor harmless from and against any and all claims,
demands, liabilities, losses, costs, or expenses arising from personal injuries or property damage
resulting from Grantee's use of the Easement Property. The foregoing obligation of Grantee to
indemnify Grantor and hold Grantor harmless shall survive any termination of this Agreement.
5. Covenants of Grantee; Reservation of Grantor Riehts.
(a) Maintenance. Grantee shall maintain the Easement Property and the mobile
homes located thereon in a neat and orderly condition, which shall include without limitation
(i) keeping the lawn around the mobile homes mowed, (ii) removing trash and debris from
around the mobile homes, and (iii) maintaining, painting and replacing to the extent necessary
the foundation, exterior and roofs of the mobile homes.
(b) Partial or Total Removal of Easement. Grantor acknowledges that Grantee
Property is "grandfathered" in as a 52 unit mobile home park since the use of Grantee's
Property as such predates the City Development Code, and that Grantee has the right to
relocate any mobile home on the Grantee Property without causing a density violation
provided that the home otherwise complies with the requirements of the City Development
Code, including without limitation, set back requirements. This Easement shall terminate in
part or in whole under the circumstances set forth below, and in such event, Grantee may
relocate or place a new home on Grantee's Property provided that the location of the home
otherwise complies with the City Development Code.
(i) Partial Termination. If any of the mobile homes are removed, relocated or
destroyed for any reason whatsoever, including but not limited to casualty
or by Grantee, said mobile home(s), and their associated encroachment on
the Easement Property, shall cease permanently, be null and void, and be
of no further force or effect.
(ii) Complete Termination, Total Removal, Relocation or Destruction. If all of
the mobile homes on the Easement Property are removed, relocated or
destroyed for any reason whatsoever, the Grantor may elect to terminate
this Easement in its entirety, and if the Grantor so elects, Grantee shall be
obligated to immediately execute and deliver a Termination of the
Easement, in a form approved by the Grantor, to be recorded in the Public
Records of Duval County, Florida.
(c) Grantor's Reservation of Rights. Grantee agrees and acknowledges that this
Agreement is non-exclusive and accordingly Grantor reserves the right and privilege to use
Exhibit A of Resolution No. 23-06 - Easement Agreement
the Easement Property for any and all municipal or governmental purposes that do not
interfere with the rights of Grantee specifically set forth herein. Grantor reserves the right to,
with one -hundred and eighty (180) days prior written notice to Grantee, relocate any of the
mobile homes on the Easement Property, at Grantee's sole cost and expense, for the
installation, relocation or removal of utilities, stormwater system(s), park expansion or
modifications or right-of-way improvements or modifications.
6. RunninE of Benefits and Burdens. The provisions of this Easement shall
constitute covenants running with, and shall be appurtenant to, the land affected. All provisions of
this Easement shall inure to the benefit of and be binding upon any Party which has, or obtains, an
interest in the benefited or burdened land. References herein to "Grantor" and "Grantee" shall
refer to Grantor or Grantee and their respective successors and assigns, as the case may be.
7. Severability. If any clause, sentence, or other portion of the terms, conditions,
covenants, and restrictions of this Agreement become illegal, null, or void for any reason or are
held by any court of competent jurisdiction to be so, the remaining portions hereof shall remain in
full force and effect.
8. Enforcement. In the event of any violation or threatened violation of the
provisions of this Easement, the aggrieved party shall have the right to seek to enjoin such violation
or threatened violation in a court of competent jurisdiction, in addition to any other remedies
available at law or in equity, and the prevailing party in any action or proceeding shall recover
from the other party any attorneys' fees and costs incurred in such action or proceeding, including,
without limitation, attorneys' fees and costs in any trial, appellate, bankruptcy, and post judgment
proceedings.
9. Further Assurances. The parties covenant and agree that subsequent to the
execution and delivery of this Agreement, and without any additional consideration, each Party
will execute and deliver any further legal instruments and perform any acts that are or may become
reasonably necessary to effectuate the purposes of this Agreement, as applicable.
10. Governing Law. This Agreement will be governed by and construed in accordance
with the laws of the State of Florida, with venue in Duval County, Florida.
11. Counterparts. This Agreement may be executed in one or more counterparts, each
of which will be deemed to be an original of this Agreement and all of which, when taken together,
will be deemed to constitute one and the same agreement.
IN WITNESS WHEREOF, Grantor has caused these presents to be executed in its name
the day and year first above written.
Grantor:
Witnessed by: CITY OF ATLANTIC BEACH, FLORIDA
Exhibit A of Resolution No. 23-06 - Easement Agreement
Witness Signature
Witness Name (print/type)
Witness Signature
Witness Name (print/type)
By:
Name: Curtis Ford
Title: Mayor
ATTEST
, City Clerk
Exhibit A of Resolution No. 23-06 - Easement Agreement
STATE OF FLORIDA
COUNTY OF DUVAL
The foregoing was acknowledged before me via [ ] physical presence or
notarization, this day of , 2023 by
, the Mayor and City Clerk respectively, of the City of Atlantic Beach,
online
and
Florida,
municipal corporation, on behalf of the corporation, who is [ ] personally known to me or [ ] has
produced as identification.
[SEAL]
Notary Public Signature
Print Name:
My Commission Expires:
Exhibit A of Resolution No. 23-06 - Easement Agreement
Grantee:
Witnessed by: SINGLETON ASSOCIATES, LLLP, a
Florida limited liability limited partnership
By: Property Planning, Inc, a Florida
corporation, as its general partner
Witness Signature By:
Name: A.T. Parsons, Jr.
Witness Name (print/type) Title: President
Witness Signature
Witness Name (print/type)
STATE OF FLORIDA
COUNTY OF
The foregoing was acknowledged before me via [ ] physical presence or [ ] online
notarization, this day of , 2023 by A.T. Parsons, Jr., the President of
Property Planning, Inc, a Florida corporation in its capacity as General Partner of Singleton
Associates, LLLP, a limited liability limited partnership, who is [ ] personally known to me or
[ ] has produced as identification.
[SEAL]
Notary Public Signature
Print Name:
My Commission Expires:
Exhibit A of Resolution No. 23-06 - Easement Agreement
Exhibit "A"
Grantee Property
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PARCEL A:
Block Twenty-four (24), SECTION "H", ATLANTIC BEACH, according to plat thereof recorded in Plat Book 18, Page 34, of the Current
Public Records of Duval County, Florida, LESS AND EXCEPT that portion acquired by the Jacksonville Transportation Authority in that
certain Consent Order of Taking recorded May 3, 2000 in Official Records Book 9614, Page 324, of the Current Public Records of Duval
County, Florida.
PARCEL B
Lots Three (3), Four (4), Five (5), Six (6) and Seven (7), Block Twenty-five (25), SECTION "H", ATLANTIC BEACH, according to plat thereof
recorded in Plat Book 18, Page 34 of the Current Public Records of Duval County, Florida.
PARCEL C:
Lots One (1), Two (2) and Three (3), Block Eighty-two (82), SECTION "H", ATLANTIC BEACH, according to plat thereof recorded in Plat
Book 18, Page 34, of the Current Public Records of Duval County, Florida.
PARCEL D:
Block Eighty-three (83), SECTION "H", ATLANTIC BEACH, according to plat thereof recorded in Plat Book 18, Page 34, of the Current
Public Records of Duval County, Florida, TOGETHER WITH 1/2 of the un -named vacated right-of-way lying Southwesterly and adjacent to
the aforementioned Block 83, LESS AND EXCEPT the Southerly 25 feet thereof conveyed to City of Atlantic Beach for road purposes.
PARCEL F:
Lots Three (3), Four (4), Five (5) and Six (6), Block Eighty-four (84), SECTION "H", ATLANTIC BEACH, according to plat thereof recorded in
Plat Book 18, Page 34, of the Current Public Records of Duval County, Florida, TOGETHER WITH 1/2 of the un -named vacated right-of-way
lying Northeasterly and adjacent to the aforementioned Lots 3, 4, 5 and 6, Block 84.
Exhibit A of Resolution No. 23-06 - Easement Agreement
Exhibit "B"
Easement Property
A PARCEL OF LAND BEING A PART OF THAT CERTAIN UN -NAMED ROADWAY (A 50WIDE DEDICATED RIGHT-OF-WAY, AS SHOWN ON THE
SUBDIVISION PLAT OF SECTION 'H". ATLANTIC BEACH, PLAT BOOK 18, PAGE 34 OF THE PUBLIC RECORDS OF DUVAL COUNTY, FLORIDA), SAID
UN -NAMED ROADWAY ALSO BEING FORMERLY KNOWN AS MAIN STREET. THE AFORESAID PARCEL OF LAND IS ALSO A PART OF THAT CERTAIN
UN -NAMED ROADWAY (A 50' WIDE DEDICATED RIGHT-OF-WAY, AS SHOWN ON THE SUBDIVISION PLAT OF SECTION "H-, ATLANTIC BEACH, PLAT
BOOK 18, PAGE 34 OF THE PUBLIC RECORDS OF DUVAL COUNTY, FLORIDA), SAID UN -NAMED ROADWAY ALSO BEING FORMERLY KNOWN AS WEST
FIRST. THE AFORESAID PARCEL OF LAND IS ALSO A PART OF THE NORTHERLY 25 FEET AND SOUTHWESTERLY 25 FEET OF BLOCK 23 OF THE
AFOREMENTIONED SUBDIVISION PLAT OF SECTION 'H', ATLANTIC BEACH. THE AFORESAID PARCEL OF LAND 1S ALSO A PART OF THE SOUTHERLY
25 FEET OF BLOCKS 24 AND 83 OF THE AFOREMENTIONED SUBDIVISION PLAT OF SECTION -H", ATLANTIC BEACH. THE AFORESAID PARCEL OF
LAND IS BOUNDED ON THE EAST BY THE PRESENT NORTHWESTERLY RIGHT OF WAY LINE OF MAYPORT ROAD (A VARIABLE WIDTH RIGHT OF WAY,
AS NOW ESTABLISHED. THE AFORESAID PARCEL OF LAND IS MORE PARTICULARLY DESCRIBED AS FOLLOWS:
THE POINT OF COMMENCEMENT IS A POINT AT THE SOUTHWEST CORNER OF LOT 6, BLOCK 84 OF THE AFORESAID SUBDIVISION PLAT OF SECTION
-H-, ATLANTIC BEACH, SAID POINT IS ALSO SITUATE AT THE INTERSECTION OF THE EAST RIGHT OF WAY LINE OF AN UN -NAMED ROADWAY
CURRENTLY KNOW AS MAIN STREET IA 50' WIDE DEDICATED RIGHT-OF-WAY) WITH THE NORTH RIGHT OF WAY LINE OF AN UN -NAMED ROADWAY
CURRENTLY KNOW AS WEST FIRST STREET (A 50' WIDE DEDICATED RIGHT-OF-WAY). THENCE NORTH 89. 02' 00" EAST, ALONG LAST SAID NORTH
RIGHT OF WAY LINE AND THE EASTERLY PROLONGATION THEREOF, FOR A DISTANCE OF 270.90 FEET TO A POINT SITUATED AT THE
INTERSECTION WITH THE CENTERLINE OF A PARTIALLY CLOSED ROADWAY KNOWN AS MAIN STREET (CLOSED BY THE CITY OF ATLANTIC BEACH
RESOLUTION NUMBER 65-75-5). SAID POINT ALSO BEING THE POINT OF BEGINNING; THENCE NORTH 35" 20' 03" WEST, ALONG SAID CENTERLINE
OF SAID PARTIALLY CLOSED ROADWAY, A DISTANCE OF 77.09 FEET TO A POINT SITUATE ON THE NORTHERLY LINE OF AFORESAID BLOCK 23, SAID
POINT IS ALSO SITUATE ON THE CENTERLINE OF THE AFORESAID UN -NAMED ROADWAY FORMERLY KNOWN AS WEST FIRST STREET; THENCE
SOUTH 69' 47' 29" EAST, ALONG THE LAST SAID CENTERLINE AND THE NORTHERLY LINE OF AFORESAID BLOCK 23, FOR A DISTANCE OF 44.19
FEET TO A POINT SITUATE ON THE FORMER NORTHEASTERLY RIGHT OF WAY LINE OF AN UN -NAMED VACATED ROADWAY FORMERLY KNOWN
AS MAIN STREET (A 50' WIDE DEDICATED RIGHT-OF-WAY, AS SHOWN ON THE SUBDIVISION PLAT OF SECTION "H", ATLANTIC BEACH; THENCE
NORTH 35" 20' 03" WEST, ALONG THE LAST SAID FORMER NORTHEASTERLY RIGHT OF WAY LINE, FOR A DISTANCE OF 44.19 FEET TO A POINT
SITUATE AT THE INTERSECTION WITH THE NORTHERLY RIGHT OF WAY LINE OF THE AFORESAID UN -NAMED ROADWAY FORMERLY KNOWN AS
WEST FIRST STREET. THENCE SOUTH 69' 47 29" EAST, ALONG LAST SAID NORTHERLY RIGHT OF WAY LINE AND THE NORTHERLY LINE OF THE
AFOREMENTIONED SOUTHERLY 25 FEET BLOCKS 24 AND 83, FOR A DISTANCE OF 411.37 FEET TO A POINT SITUATE AT THE INTERSECTION WITH
THE AFOREMENTIONED PRESENT NORTHWESTERLY RICHT OF WAY LINE OF MAYPORT ROAD, SAID POINT ALSO BEING A POINT OF CUSP ON A
CURVE CONCAVE TO THE NORTHWEST HAVING A RADIUS OF 557.61 FEET; THENCE SOUTHWESTERLY ALONG THE LAST SAID PRESENT
NORTHWESTERLY RIGHT OF WAY LINE AND THE ARC OF SAID CURVE, A DISTANCE OF 0.13 FEET AND THROUGH A CENTRAL ANGLE OF 00. 00' 48
SAID ARC BEING SUBTENDED BY A CHORD BEARING AND DISTANCE OF SOUTH 29' 10 03- WEST, 0. 13 FEET TO A POINT LYING 50.00 FEET
NORTHERLY OF THE SOUTHERLY RIGHT OF WAY LINE OF THE RELOCATED WEST FIRST STREET, AS RECORDED IN OFFICIAL RECORDS VOLUME
3246, PAGE 189 OF THE AFORESAID PUBLIC RECORDS, SAID POINT ALSO BEING SITUATE AT THE INTERSECTION WITH A CURVE CONCAVE TO THE
SOUTH HAVING A RADIUS OF 1049.63 FEET; THENCE WESTERLY ALONG THE ARC OF SAID CURVE, SAID ARC LYING 50.00 FEET NORTH OF AND
PARALLEL WITH THE AFORESAID SOUTHERLY RIGHT OF WAY LINE OF RELOCATED WEST FIRST STREET, A DISTANCE OF 341.28 FEET AND
THROUGH A CENTRAL ANGLE OF 18'37 45", SAID ARC BEING SUBTENDED BY A CHORD BEARING AND DISTANCE OF NORTH 80" 00' 48" WEST
339.78 FEET TO A POINT OF TANGENT SITUATE AT THE INTERSECTION WITH THE AFOREMENTIONED NORTH RIGHT OF WAY LINE OF AN UNNAMED
ROADWAY CURRENTLY KNOW AS WEST FIRST STREET; THENCE SOUTH 89" 02 00" WEST, ALONG LAST SAID NORTH RIGHT OF WAY LINE. FOR A
DISTANCE OF 22.68 FEET TO THE POINT OF BEGINNING.
CONTAINING 10,676.13 SQUARE FEET OR 0.245 ACRES MORE OR LESS.
Exhibit A of Resolution No. 23-06 - Easement Agreement
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R. = 1049.63' (D)
C.A. = 18'37'45"
Legend C. B. = N 80'00'48" W (D)
A Arc Length C.D. - 339.78' (D)
C A. Central Angle
C B. Chord Beanng The former Southerly R/W Line of W
C D. Chord Distance Fra[ Street as per P.B. 13. Pg. 34
ORV Official Records Volume The Southerly R/W Line of relocated West
P.B. Plat Book First Street as per ORV 3248. Page 189
Pg Page
T Pani of Tangent
M Radius Distance
LI Line Data published in Line Table
Denotes Field Measured Boundary Line
-�r Deputes Line not to Scale
------------ Denotes Cloned Right or War Line
------------ --------- Denotes Present Right of Way Line
----------- Denotes Centerline of Closed Right of Way
Denotes Lot Line
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The Present NoMweslerty
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The closing of 11, West Entrance
)/ to West First Street at its
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Beach Resolution No. 65.00.21,
I hereby certify that this survey was made to the best of
my knowledge and belief and meets the Standards of
Practice as set forth by the Florida Board of Professional
Land Surveyors in Chapter 5J-17, Florida Administrative
Code, pursuant to Sectior 472.027, Florida Statutes.
Unless it bears the Signature and the Original Raised
seal of a Florida Licensed Surveyor and Mapper, this
Drawing, Sketch, Plat or Map is for informational
purposes only, and is Not valid or unless the Electronic
Image File bears the Electronic Signature and Seal of a
Surveyor and Mapper, this Drawing, Sketch, Plat or Map 2988 Plummer Cove Road,
is for informational purposes only, and is Not valid. Jacksonville, Florida 32223
Office Phone. (904) 647-6943
Scale: 1' • 120' Map Date. December 20, 2022 Email. Wes®CannadySurvey.com
Liconsod BusinosB No.: L8 7080
Job No.: 22.151 File Number: L-230
Fldd Book: _ Page or Pages: By.
DfA1mby: JWO SHEET 3 OF 3 e JW Cannady
Chocked by: JWc _-- __ SURVEYING INC.
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ELECTRONIC SIGNATURE
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James W. Cannady, Professional Surveyor & Mapper
Certificate No. 5586. State of Florida
Exhibit A of Resolution No. 23-06 - Easement Agreement
Exhibit "C"
Current Encroachments
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