Loading...
Resolution No. 19-65RESOLUTION NO. 19-65 A RESOLUTION OF THE CITY OF ATLANTIC BEACH APPROVING AND AUTHORIZING THE MAYOR TO EXECUTE (1) A DEDICATION TO THE CITY OF JACKSONVILLE FOR A RIGHT-OF-WAY EASEMENT, AND (2) A NON- EXCLUSIVE GRANT OF EASEMENT TO JEA FOR THE PURPOSE OF ELECTRIC UTILITIES ACROSS CITY OF ATLANTIC BEACH -OWNED PROPERTY ON STATE ROAD A1A IN THE CITY OF JACKSONVILLE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Atlantic Beach was deeded a parcel of land along State Road A1A within the City of Jacksonville in 1953 described as a portion of Lot 1, Division 4, of the Andrew Dewees Grant, Section 37, Township 2 South, Range 29 East, Duval County, Florida, also being a portion of those lands as described in Official Records Book 1573, Page 148 of the current public records of Duval County, Florida (the "City's Parcel"); and WHEREAS, the City of Atlantic Beach utilizes the City Parcel to convey drainage to Puckett Creek; and WHEREAS, JEA has historically utilized a portion of the City Parcel for electric utility service from State Road A1A to a parcel previously occupied by a mobile home park and now owned by Lennar Homes, LLC (the "Lennar Parcel); and WHEREAS, a portion of the City Parcel has also been historically utilized as right of way for access to the Lennar Parcel; and WHEREAS, it is proposed that an easement across certain portions of the City Parcel be granted to JEA and to the City of Jacksonville; and WHEREAS, the proposal is in the best interest of the City; and WHEREAS, Lennar has requested the City to execute and deliver to JEA a non-exclusive easement in favor of JEA for electrical utilities and a dedication of a right of way easement to the City of Jacksonville. NOW, THEREFORE, be it resolved by the City Commission of the City of Atlantic Beach as follows: SECTION 1. That the request by Lennar Homes, LLC, for a grant of non-exclusive easement to JEA for electrical utilities and a dedication of a right of way easement to the City of Jacksonville are in the community's interest; and that the Non -Exclusive Grant of Easement to JEA, Exhibit A attached hereto and made a part hereof, and the Dedication to the City of Jacksonville, Exhibit B attached hereto and made a part hereof, are hereby approved. 01204894-1 SECTION 2. That the Mayor is hereby authorized to execute (1) the Dedication to the City of Jacksonville for a right of way easement, and (2) the Non -Exclusive Grant of Easement to JEA on behalf of the City of Atlantic Beach. SECTION 3. This Resolution shall take effect immediately upon its final passage and adoption. PASSED AND ADOPTED by the City of Atlantic Beac,. this 12th day of November 2019. Attest: 4/ea, ~Let Donna L. Bartle, City Clerk Approved as to form and correctness: Br City Attorney Ell 'Glasser, Mayor Resolution No. 19-65 Page 2 of 2 01204894-1 RESOLUTION NO. 19-65 EXHIBIT A Prepared by and return to: SPENCER N. CUMMINGS, ESQ. GUNSTER YOAKLEY & STEWART, P.A. 225 WATER STREET, SUITE 1750 JACKSONVILLE, FL 32202 Project: Preserve at Atlantic Beach NON-EXCLUSIVE GRANT OF EASEMENT THIS NON-EXCLUSIVE GRANT OF EASEMENT, made this day of 2019, by and between CITY OF ATLANTIC BEACH, a municipal corporation, whose address is 800 Seminole Road, Atlantic Beach, Florida 32233 (the Grantor"); and JEA, a body politic and corporate, whose address is 21 West Church Street, Jacksonville, Florida, 32202 (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, hereby grants, bargains, sells, and conveys to Grantee, its successors and assigns forever, subject to the reservation and limitation set forth herein, a non-exclusive easement with the right, privilege, and authority to construct, operate, lay, maintain, improve, and/or repair, either above or below the surface of the ground, facilities and associated equipment for electric utilities, on, along, over, through, across, or under the following described land situate in Duval County, Florida, to wit (the "Easement Property"): See Exhibit A attached hereto and incorporated herein. TOGETHER with the right of Grantee, its successors and assigns, of ingress and egress to and over said Easement Property. The non-exclusive grant of easement described herein is conveyed to Grantee subject to the express reservation by Grantor to construct, operate, lay, maintain, enlarge, modify, improve and/or repair, either above or below the surface of the ground, improvements, facilities and associated equipment for drainage purposes, said use being understood as superior to the non-exclusive easement granted herein and for any other use which does not unreasonably interfere with the easement herein granted. Notwithstanding anything to the contrary herein, no improvements constructed by Grantee or its successors and assigns, within the Easement Property shall interfere with the Grantor's drainage rights in the Easement Property. In the event any damage to the Grantor's drainage improvements occurs as a result of Grantee's activities within the Easement Property, then upon notice from Grantor, Grantee shall reimburse Grantor for the reasonable costs to repair such damage. 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. 0120491S-1 ACTIVE 11335617.6 RESOLUTION NO. 19-65 EXHIBIT A THIS EASEMENT shall automatically terminate as to any portion of the Easement Property dedicated to the City of Jacksonville as a right of way. IN WITNESS WHEREOF, Grantor and Grantee have caused these presents to be executed in their respective names the day and year indicated below. Signed and Sealed in Our GRANTOR: Presence as Witnesses: CITY OF ATLANTIC BEACH, a municipal corporation Sign By: Print Name: Its: Sign Attested by: Print Donna Bartle, City Clerk STATE OF FLORIDA COUNTY OF DUVAL The foregoing instrument was acknowledged before me this day of , 2019 by Ellen Glasser, the Mayor of the City of Atlantic Beach, a municipal corporation, on behalf of the City. She is (check one) personally known to me or has produced as identification. Print Notary Public, State and County aforesaid Commission No.: My commission expires: seal) 01204918-1 ACTIVE 11335617.6 2 RESOLUTION NO. 19-65 EXHIBIT A Signed and Sealed in Our GRANTEE: Presence as Witnesses: JEA, a body politic and corporate Sign By: Print Name: Its: Sign Date: Print STATE OF FLORIDA COUNTY OF DUVAL The foregoing instrument was acknowledged before me this day of , 2019 by , the of JEA, a body politic and corporate, on behalf of JEA. He/she is (check one) personally known to me or has produced as identification. Print Notary Public, State and County aforesaid Commission No.: My commission expires: seal) 01204918-1 ACTIVE 11335617.6 3 RESOLUTION NO. 19-65 EXHIBIT A EXHIBIT A A PORTION OF LOT 1, DIVISION 4, OF THE ANDREW DEWEES GRANT, SECTION 37, TOWNSHIP 2 SOUTH, RANGE 29 EAST, DUVAL COUNTY, FLORIDA, ALSO BEING A PORTION OF THOSE LANDS AS DESCRIBED IN DEED BOOK 1573, PAGE 148 OF THE FORMER PUBLIC RECORDS OF DUVAL COUNTY, FLORIDA AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: FOR A POINT OF REFERENCE COMMENCE AT THE NORTHWEST CORNER OF THE PLAT OF CABO BLANCO, AS RECORDED IN PLAT BOOK 54, PAGES 94, 94A AND 94B OF THE CURRENT PUBLIC RECORDS OF DUVAL COUNTY, FLORIDA; THENCE NORTH 4216'00" EAST, ALONG A NON—BOUNDARY UNE, A DISTANCE OF 1027.95 FEET TO A POINT ON THE SOUTHWESTERLY UNE OF SAID LANDS IN DEED BOOK 1573, PAGE 148 AND THE POINT OF BEGINNING. THENCE NORTH 42'49'51" EAST, DEPARTING LAST SAID LINE, A DISTANCE OF 50.00 FEET TO A POINT ON THE NORTHEASTERLY LINE OF LAST SAID LANDS, ALSO BEING THE SOUTHWESTERLY RIGHT OF WAY UNE OF STATE ROAD A1A, BEING A VARIABLE WIDTH RIGHT OF WAY PER THE FLORIDA DEPARTMENT OF TRANSPORTATION RIGHT OF WAY MAP SECTION 7224-301, DATED MAY 5TH, 1953; THENCE ALONG THE LAST SAID LINE, THE FOLLOWING 3 COURSES AND DISTANCES; COURSE 1) THENCE SOUTH 47'10'09" EAST, A DISTANCE OF 20.00 FEET; COURSE 2) THENCE SOUTH 42'49'51" WEST, A DISTANCE OF 30.00 FEET; COURSE 3) THENCE SOUTH 4710'09" EAST, A DISTANCE OF 169.00 FEET; THENCE SOUTH 4210'14" WEST, A DISTANCE OF 189.00 FEET; THENCE SOUTH 42'49'51" WEST, DEPARTING LAST SAID UNE, A DISTANCE OF 20.00 FEET TO A POINT ON THE AFOREMENTIONED SOUTHWESTERLY UNE OF THOSE LANDS AS DESCRIBED IN DEED BOOK 1573, PAGE 148 OF SAID FORMER PUBLIC RECORDS; THENCE NORTH 4710'09" WEST, ALONG LAST SAID UNE, A DISTANCE OF 189.00 FEET TO THE POINT OF BEGINNING. THE ABOVE DESCRIBED LANDS CONTAIN 4,380.40 SQUARE FEET OR 0.10 ACRES, MORE OR LESS. POINT OF STATE ROAD A -1-A VARIABLE YADTH RICHT OF WAY) BEGINNING DEED XCCK 1573, PAGE 148 DEEDBOOK 1573, PACE 1481 OFFICIAL RECORDS 0001( 17012, PAGE 797 I SCUTHAES1ERLY UNE jIOF DEEDBOOK 1573. PAGE148 NORTHEASTERLY UNE OF DEEP BOOK 1573. PAGE 148 SOJIHAESTERLY RIGHT OF WAY UNE OF STATE ROAD AIA PER HAP SECTION 7224-301 041E0 05-04-53) OFFICIAL RECORDS BOOK 12846, PAGE 1997 ANDREW DEWEES GRANT Ei;TIitN .3/, TOWNSHIP 2 SOUTH, RANGE 25 EAST POINT OF REFERENCE NORTHWEST CORNER OF CARO BLANCO 01204918-1 CABO BLANCO PLAT 800K 54. PACES 94-948 ACTIVE 11335617.6 CFP1CIAL RECORDS 800K 16292, PACE 2226 e`er' 4, Rei OFFICIAL RECORDS 0008 17349, PACE 537 4 RESOLUTION NO. 19-65 EXHIBIT B Prepared by and return to: SPENCER N. CUMMINGS, ESQ. GUNSTER YOAKLEY & STEWART, P.A. 225 WATER STREET, SUITE 1750 JACKSONVILLE, FL 32202 Project: Preserve at Atlantic Beach DEDICATION THIS DEDICATION, made this day of , 2019, by and between CITY OF ATLANTIC BEACH, a municipal corporation, whose address is 800 Seminole Road, Atlantic Beach, Florida 32233 (the "Grantor") and CITY OF JACKSONVILLE, a consolidated municipal corporation and political subdivision existing under the State of Florida, whose address is 117 Duval Street, Suite 480, Jacksonville, Florida 32202 ("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, hereby irrevocably grants and dedicates to Grantee a perpetual right of way easement on, along, over, through, across, or under the following described land situate in Duval County, Florida, to wit (the Easement Property"), subject to the reservation and limitation set forth herein: See Exhibit A attached hereto and incorporated herein. The dedication described herein is subject to the express reservation by Grantor to construct, operate, lay, maintain, enlarge, modify, improve and/or repair, either above or below the surface of the ground, improvements, facilities and associated equipment for drainage purposes, said use being understood as superior to the easement granted herein and for any other use which does not unreasonably interfere with the easement herein granted. Notwithstanding anything to the contrary herein, no improvements constructed by Grantee or its successors and assigns, within the Easement Property shall interfere with the Grantor's drainage rights in the Easement Property. In the event any damage to the Grantor's drainage improvements occurs as a result of Grantee's activities within the Easement Property, then upon notice from Grantor, Grantee shall reimburse Grantor for the reasonable costs to repair such damage. 01204916-1 REMAINDER OF PAGE INTENTIONALLY LEFT BLANK] ACTIVE 11370349.4 RESOLUTION NO. 19-65 EXHIBIT B IN WITNESS WHEREOF, Grantor and Grantee have caused these presents to be executed as of the day and year indicated below. Signed and Sealed in Our GRANTOR: Presence as Witnesses: CITY OF ATLANTIC BEACH, a municipal corporation Sign By: Print Name: Its: Sign Attested by: Print Donna Bartle, City Clerk STATE OF FLORIDA COUNTY OF DUVAL The foregoing instrument was acknowledged before me this day of , 2019 by Ellen Glasser, the Mayor of the City of Atlantic Beach, a municipal corporation, on behalf of the City. She is (check one) _ personally known to me or _ has produced as identification. Print Notary Public, State and County aforesaid Commission No.: My commission expires: seal) 01204916-1 (ACTIVE 11370349.4 2 Signed, sealed and delivered GRANTEE: in the presence of: Print Name: RESOLUTION NO. 19-65 EXHIBIT B CITY OF JACKSONVILLE, a Florida municipal corporation By: Print Name: Name: Title: STATE OF FLORIDA COUNTY OF DUVAL SS Attested by: Name: Title: The foregoing instrument was acknowledged before me this day of 2019, by , the of THE CITY OF JACKSONVILLE, a Florida municipal corporation, on behalf of the corporation. Print Name ) NOTARY PUBLIC State of Florida at Large Commission # My Commission Expires: Personally Known or Produced I.D. check one of the above] Type of Identification Produced 01204916-1 (ACTIVE 11370349.4 3 EXHIBIT A MAP MiffLW,t SIETCH k DESCRIPTION OF a DIAltA L#' ThLeat Lavin A5 )i5:.+14, 1. ter' -: I' 1. 0A.11 116 :f 11-1¢ F:04t'E' ,•4.0 v 111115 U !'W4_ rr.N1Tt. fL:7atltl ST/TB ROAD A -1-A we1i4110 WM ,ra :e Y..1. 4,4 r .}. r. ,% POQ'R' OF iti01191O1Cli 1«TetcT c:11•C. } .,T !LA.!, ' ilti il'QI xT Q 1P111 1 n L - 1 1t.111.8111ttu1U eatA 10! n .' : N-, .1 yF iM 111/04 NAM_ `MTfi w4i DSc r TA 1 r e Te• 14 T ler PL.' .1.11.- K' K [ . [11 C 1f, I1IX 8 t111 L1.1 11•T IM'Tr TK IIE ETr MEEIH'ft .I n1 T F 11 1 -I. • C. -.E -Ti 11-1[ -• `- rT[tt '.- IIT•TIC t UCL L t•It lAll Tarr F 1'-1?•-;.. ! Fl 111,1 ..o lG1t'Aa4L :C4.11:111.i171, 2.47 •1.1.': T ..0 Antrift.im'i1,.11,tT.s A •' hi ' 1 I v AI 41/ex:+: : 1 s a •tear f ) TI,T 9 ET FI 'ET4L a%I) LEGAL O 1'1('11<til F F -L .1E TNI 1. 101 4 f... ,1'°Mle •Aorta T•1: • talk IT I,.,i-..e4Ttr 1i •.vA E+ 3t '.aEacT: pop s:, its 141 r c n cc•1.;.a•1t rlor I%e11 ete1L/Le iLITLA'.f•s'. , -.[A1: C/T 'le.(. 1 a'. :•..1142 a t.& 4'.; 1111 .1 I8:e,r frtc e!:M.0ot IIAr4 ty wt.,1. • 4 w, IO its,. Ant 1•. 1'rl3 rta 11 gnat. Aft, rrCLE' L. a !L. -Atte T.,JT. 1111 '414711 IIS'. r'E fIvUt7 lift, lit t'ti111 It fl$ :•1+41te? JILL 11! 1881 II aE0r4T8L •t':T.t:11.).'d MAT A -I n:T SNw !' TIII ' 1[Tll 111.1 Q.I • I ire •••;tvr .p<ai• 'f 1M.:... o•Tr ARCS SURVEYING & MAPPING, INC,. JIiA`i .A,v'r'l,1C x :K;dth ltLE PLOt1NLA . 2r' TNttfiE tRi4/'.e4-R.177 LIQ E) 9u I1tE55 116 LSD? Hipp: Hr IN, r'A$• SI'!ET M:t0rE1 Tl.•e11:U1P 1 t.1 11.03, 11:::.1916-1 ACTIVE 11370349.4 RESOLUTION NO. 19-65 EXHIBIT B 4 IL4P SHOWJRCV SJ'TCH & DESCRIPTION OF CR1111% if' 111:1tif LA.vr,S A'i ;Es{ikE, 1. Cnu i::tlk "7\ 1'Ar.E w S•F THE F:14rr.1EK I•_lIUi. E'.ikci I.F 1:I.trAl rr,.INTI. FU?QEiA ANC rtior. v7RE PFRII:.i,'rlY TI (1'E' AC F1ULn04- 110f A roiii or arnovee •:•JVVQ.:E 41HE 4t.•1:1445T GU'•YEi .'r 1HE LLAT 4F t...#410 OLhH•:'i. AS trolitxn N •>LAT wltCp !.e TAGE•` 9I, t4A 4.1 14;1 lir TIE Okfi Ct.T -'LJ hE!C1 7!i Rf +PAN. cloiry, FL:I E•A. THENCE NUM 4vt6'il' Ea:.T. ALC•? a 44.-11Q0m1sAir U4. £ Afi74NIC :3' 1:33.t FEET 7) +1 . CIIT TI'r 7ME 3C*_11KErET1LY UNE CF TIIE AFtI',Er1EN'i11Ct.Q1 DEG; NOCK 19:3. ACt 1411 Arte 7 E 11G1/:T CF HP: Illvltic 7HENcE 1,104T11 t :i:ut.` CA: -.1, A :,If.TAv+'E (Jr 'vim mu Ti THE vOY111lEAS1E-3.. UNE ,r SAID DEE: t OI IS.r! A•E Iv!_ THEME SnuTH •1%•I ,TIE&.1 #thIi THE lf:T i.1, LI IE, A CTA'' -E 1.F rt 'td FEET. THENI ..:0,111 area•iwl xEsT, f I:I;TAI,:E 1..F x. FLET TC• TWE ,_•.711aE;lEtlr U tE cF 5+Y`; EED 00CM; THC. E h3P11 n: Ia'C4r 6it,T y,;1N•; LAST Ain UNE. + #1INTAt :E 1;F 1.••.1 r,: RET T'i 1HE voI it OF 4E51411I4G TIE 4,00'.E CIESGF(IE' LAW:: c"ti74: '.Sal 5.7llaFE FELT 1:1 CC I' A:4r. V iIC .y* ix ; ti W. ill WietrlitslY'a F .O:O:o 11: 1—yn STATE ROAD A -1-A 1'ULr': tlF `' 10311DIVIVC. I.•.N'.>t SIT•. n,:..' T 4..1 WAN .[[T cc/• 11.7 114 1 T FTI1 T4T TT • I1- 'I C tit sre . c yItiCR•11c c - 1s - c c - II ', - x - TN -ft C, 14 IIL I III THE T• - R111 . L cTr Ttl •• Tc . 1. - • • 7 i 1 -Te roc n. I%..•Ii.r•lt YOU Lbv'1 n At T"iE F T•_IA - Flall.1 1.• rn:n .n 1 . rthlt.R6 by r•:•+ urn uAur »tT I .1 ThIE.lL:rr qE ray 116 uoklr+Al 4a1?.fg ;R!L tp A $011I u WC,14F,) ' inEir' AIIT.: LES:: 1 11'e Li41 Ir4f 1'. r.w• E h•tYT.:r.'I 7T. Yo 4T ;ere 10!T l' 101.1 • 711 T• 4 1• r.11 V/ 1 ftic I:C •N LCT r er1.' Y iI. 4 tilc''irt.1ir!AVar .incw i.v c• .os . ,411B• .. .. rw>t:AL is rn=.s Ik..W 111441, I'ML 'GO E- - E•HEs: FLETI„ r!Ann aTN D• »Hl ARC SURVEYING MAPPING. INC'. E2?rEk1,IVd1:A•ve'E FL1r1{''A :77•r UUOUSE) DU1r - M.' CO] wry n+lE sHEET r,'..rtEtt 101 v5 tI-y-,II ' f 1 IeLJ>Ir_o1c 01204916.1 ACTIVE 11370349.4 RESOLUTION NO. 19-65 EXHIBIT B 5