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
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01204916.1 ACTIVE 11370349.4
RESOLUTION NO. 19-65
EXHIBIT B
5