Agenda Item 4A - Corrective Grant of Drainage EasementCITY OF ATLANTIC BEACH
CITY COMMISSION MEETING
STAFF REPORT
AGENDA ITEM II4A
NOVF.MBE ll 23,2015
AGENDA ITEM : Co rrective Gra nt of Drainage Easement
£1 .
SUBMITIED BY: Douglas E.l~n, PE, PWLF
Public Works Di rector
DATE : Octobe r 19, 20 1 5
BACKGROUND: An err oneous drainage easeme nt was record ed . The previous r ecorded
easement wa s erroneo u sly recorded on th e w ro ng side of the propert y . The attached
easeme nt corrects t h e previous incorrec t easement.
Th e easeme nt is being granted free to the City by the Re sident to allow th e Ci ty to pipe,
e n close and provid e future maintenance of an existi ng draina ge ditch. Pip in g of th e
sh ort ditch is anticipated to be done under the upcom ing Franci s Str eet FY 15/16 CDBG
project.
BUDGECT IMPACT: None
RECOMMENDATION: Approve the execution of t he Ea se ment by the City Manager fo r
recording by the City Clerk.
AITACHMENT: Correct ive Grant of Dr ainage Ease ment
REVIEWED BY CITY MANAGER: -t1. C/ tU! ,;1(/A...</ 0
AGENDA ITEM #4A
NOVEMD~I{ 23,2015
C ITY OF ATLANTIC BEACH
O FFI CE O F THE CI TY CLERK
UOO SEMIN O LE RO AD
AT LAN TIC BEACH, FLOR I DA 32233
TELEP HO NE : (904 ) 2 4 7-58 10
FAX: (904) 247-584 6
www.coa b.us
CORRECTIVE GRANT OF DRAINAGE EASEMENT
This Grant of Easement, made and executed tbis __ day of , 2015, by and
between Grantor/Owner, ELSIE LYNN THOMAS (hereinafter called "Grantor"), whose address
is 1964 Francis Avenue, Atlantic Beach, FL 32233 and the CITY OF ATLANTIC BEACH, a
Florida municipaJ corporation, whose address is 800 Seminole Road, Atlantic Beach, Florida
32233 (hereinafter called "Grantee").
WI TN E S S E T H:
WHEREAS , this Corrective Grant of Drainage Easement corrects the Grant of Drainage
Easement recorded in Official Record Book 17066, Page 763 (3 pages), cunent public records of
Duval County, Florida on February 13, 2015.
AND WHEREAS, Grantor is the owner of the real property located at 1964 Francis
Avenue, Atlantic Beach, Duval County, Florida , identified as Propetty Appraiser's Tax Parcel
Identification Number 172169-0000, and described as follows (the "Prope1ty"):
Legal Description: 19-16 17-2S-29E , Donners RIP, Lots 9, 10 11, 12, Block 9,
as shown on but not included in Donners Replat as recorded in the official
Record Book/Page 10064-01099 ofthe public records of Duval County, Florida.
AND WHEREAS, it is necessary fo r Grantee to have an easement over, across and under
a portion of the Property owned by Grantor for the maintenance of drainage improvements.
NOW THEREFORE, in consideration ofTen and No/100 DollaJs and other good and
valuable consideration, receipt of which is hereby acknowledged, the Grantor hereby agrees as
follows:
1. Grantor hereby grants to Grantee a non-exclusive, permanent and perpetual
easement along the southerly boundw·y of Lot 12 and the northerly boundary of Lot 11, seven
and one half (7 Yl) feet on either side of the property Jine for a total of 15 feet, 110 feet long from
Francis Avenue westerly as shown on Exhibit "A" attached hereto and made a part hereof (the
"Easement Area"), together with reasonable ingress and egress upon, over and across the
Propetiy, as needed , to repair, maintain and service drainage improvements.
2. Grantor reserves the right and privilege to use and occupy and to grant to others
the l'ight to use and occupy (i) the swface and air space over the Easement Area for any purpose
AGENDA ITEM# 4A
NOVEMBER 23, 2015
which is not inconsistent with the rights herein granted to Grantee; and (ii) subswface of the
Easement Area for other purposes which do not interfere with the rights herein granted to
Grantee. No hard surfaces may be constructed in the Easement Area without prior written
consent of Grantee.
3. By the acceptance and recording of this instrument in the Official Records of
Duval County, Florida, Grantee agrees that:
(a) All drainage lines, pipes and associated equipment (other than the existing
swface inlet, or upgrades to that inlet), installed, operated and maintained by Grantee shall at all
times be beneath the surface of the Easement Area provided that the same may be temporarily
exposed or removed to the surface when necessary or desirable for the purpose of repairing
and/or replacing the same;
(b) Grantee shall exercise the easement rights conveyed herein in a manner which
will not unreasonably interfere with use and occupancy of residential improvements constructed
on the Property by Grantor; and
(c) After any installation, construction, repair, replacement or removal of any
drainage lines or equipment as to which easement rights are granted, Grantee shall repair, replace
and restore in a manner reasonably acceptable to Grantor, the earth and/or fill, landscaping and
planting and surface improvements.
IN WI1NESS WHEREOF, Grantor has caused these presents to be executed the date first
above written.
Signed and delivered in the
presence of:
GRANTOR:
ELSIE LYNN THOMAS
~CfVlJfrBtart# 1gnature
The foregoing instrument was acknowledged before me this jc;:d-day of oc:lo~o~ 2015,
by E/.J/c:... LvJJt--J ·Jl(vk~s . who is personally known to me or who has
produced d":/1 J6~D ~ ,;;;;~ ·-W -?9 r-o as identification.
, •• •ri(.'l~······, YVONNE M. CALVERLEY f.~ ,..\ MV COMMISSION# EE 184383
l EXPIRES: July 29, 2016
Bonded Thru Nolaly Public Unde!Wrilers
Signed and delivered in the
_presence of:
Signature
Print Name: -------------------
Signature
Print Name: ----~~~~----~--~
STATE OF FLORIDA
COUNTY OF DUVAL
GRANTEE:
CITY OF ATLANTIC BEACH,
A Florida municipal corporation
AGENDA ITEM# 4A
NOVEMBER 23, 2015
By: --------------------------
Nelson Van Liere, City Manager
The foregoing instrument was acknowledged before me this day of _____ _
2015, by Nelson VanLiere, as City Manager, who is duly authorized to execute same on behalf
of said entity, and who is personally known to me.
Notary Public
(Affix Corporate Seal)
Donna L. Bartle, City Clerk
ArciMS VIewer
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AGENDA ITEM # 4A
NOVEMBER 23,201 5
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