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17-1424 Acceptance of Property Conveyance to the City by FDOT, Sanlando SpringsRESOLUTION NO. 17-1424 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF LONGWOOD, FLORIDA, REGARDING THE ACCEPTANCE OF PROPERTY CONVEYANCE TO THE CITY BY THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION WHEREAS, the State of Florida Department of Transportation .has constructed or improved State Road No. 434, Section No. 77120, F.P. No. 240233-3 in Seminole County, Florida; and WHEREAS, it is necessary that certain lands now owned by State of Florida Department of Transportation (FDOT) be acquired by the City of Longwood; and WHEREAS, said property is not needed for FDOT purposes: and WHEREAS, the State of Florida Department of Transportation has made application to said City to execute and deliver to the City of Longwood, a quitclaim deed, in favor of the City of Longwood, without consideration, to be used pursuant to the provisions of Section 337.25, Florida Statutes, conveying all rights, title and interest that said State of Florida, Department of Transportation has in and to said lands, as described in Exhibit A attached hereto, and said request having been duly considered. Said conveyance will be subject to the State of Florida, Department of Transportation's reservation of a permanent, perpetual drainage easement in favor of the State of Florida, Department of Transportation, in, over, under and through the property described in Exhibit "A" for stormwater needs of State Road 434 together with the assignment of permanent maintenance responsibility of property and the Drainage Systems located on said property as set forth in the form of Deed attached hereto as Exhibit B. NOW THEREFORE, BE IT RESOLVED by the City Commission of the City of Longwood: Section I. That the conveyance of real property by the State of Florida, Department of Transportation will be used and that the deed in favor of the City of Longwood, conveying, without consideration, all right, title and interest of the State of Florida Department of Transportation in and to said lands, should be drawn and executed by Steven W. Martin, District Five Secretary, on behalf of the State of Florida Department of Transportation. Said conveyance shall be subject to the reservation of easement and to the assignment of maintenance responsibilities stated hereinabove. Section H. That a certified copy of this Resolution be forwarded forthwith to the State of Florida Department of Transportation at 719 South Woodland Blvd., DeLand, Florida, 32720- 6834. Section III. This Resolution shall become effective upon its adoption by the Commission. City of Longwood — Resolution No. 17-1424 Page 1 PASSED and ADOPTED this 2011 day of MARCH, 2017. A Michelle ong , C C, City Clerk CITY OF LONGWOOD, FLORIDA #ph, Mayor Approved as to form and legality for the use and reliance of the City of Longwood, Florida, only. Dan'-W. Laele/CeAtAney City of Longwood — Resolution No. 17-1424 Page 2 EXHIBIT"A" PARCEL NO. 103 SECTION 77120 F.P. NO. 240233 3 "From the Northeast corner of Section 1, Township 21 South, Range 29 East, Seminole County, Florida, run North 89 degrees 58'14" West along the north line of said Section 1 a distance of 200 feet, thence run South 00 degrees 01'30" East parallel with the East line of said Section 1, a distance of 500 feet, thence run North 89 degrees 58'14" West 227.48 feet to the East line of DOT drainage easement, thence run North 00 degrees 01'46" East 500 feet to the South right-of-way line of State Road 434, thence run South 89 degrees 58'14" East 227 feet to the point of beginning." LESS: "The South 287.50 feet of the North 500.00 feet of the West 64 feet of the East 264 feet of Section 1, Township 21 South, Range 29 East, Seminole County, Florida." Being the lands described and recorded in Official Records Book 1198, Page 1106 and corrected in Official Records Book 1254, Page 1991, LESS: Official Records Book 1578, Page 1763, Public Records of Seminole County, Florida. AND PARCEL NO. 104 SECTION 77120 F.P. NO. 240233 3 "Being a portion of Tract 1, Sanlando Springs, according to the plat thereof as recorded in Plat Book 5, Page 52 of the Public Records of Seminole County, Florida, described as follows: From the Northwest corner of Tract 1, run South 89°58'14" East along the North line of said Tract 1, and the South right of way line of State Road 434, a distance of 591.60 feet for a Point of Beginning, thence continue South 89°58'14" East, 186.90 feet, thence run South 00°08'36" West, 500.00 feet, thence run North 89°58'14" West, 174.60 feet, thence run South 00'08'36" West, 25 feet, thence run North 89°58'14" West 12.24 feet, thence run North 00°08'36" East, 525 feet to the Point of Beginning. Together with a perpetual non-exclusive easement for ingress an egress across the following described property: From the Northwest corner of Tract 1, Sanlando Springs, according to the plat thereof as recorded in Plat Book 5, Page 52, of the Public Records of Seminole County, Florida, run South 89°58'14" East, along the North line of said Tract 1 and the South right of way line of State Road 434, a distance of 549.60 feet for a Point of Beginning: thence continue South 89°58'14" East, 12.00 feet, thence run South 00°08'36" West, 210.00 feet, thence run North 89'58'14" West, 12.00 feet, thence North 00°08'36" East 210.00 feet to the Point of Beginning." Being the lands described and recorded in Official Records Book 4136, Page 123, Public Records of Seminole County, Florida. City of Longwood — Resolution No. 17-1424 Page 3 EXHIBIT"B" 26-SPD02 07/02 March 7, 2017 This instrument prepared by Suzette K. Hicks Under the direction of DANIEL L. MCDERMOTT, ATTORNEY Department of Transportation 719 South Woodland Boulevard DeLand, Florida 32720-6834 PARCEL NO. 103/104 PART SECTION 77120 F.P. NO. 2402333 STATE ROAD 434 COUNTY Seminole QUITCLAIM DEED Public Purpose THIS INDENTURE, Made this day of , by and between the STATE OF FLORIDA by and through the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, (herein "Parry of the First Part' or "Grantor"), whose address is 719 South Woodland Blvd., DeLand, FL 32720, to CITY OF LONGWOOD, a Florida municipal corporation, (herein "Party of the Second Part" or "Grantee"), 175 West Warren Avenue, Longwood, FL 32750. WHEREAS, said land hereinafter described was heretofore acquired for state highway purposes; and WHEREAS, said land is no longer required for such purposes, and the Party of the First Part, by action of the District Secretary, District Five, Florida Department of Transportation on , pursuant to the provisions of Section 337.25 Florida Statutes, has agreed to quitclaim the land hereinafter described to the Party of the Second Part without consideration. NOW, THEREFORE, THIS INDENTURE WITNESSETH: That the Party of the First Part does hereby remise, release and quitclaim unto the Party of the Second Part, and assigns, forever, all the City of Longwood — Resolution No. 17-1424 Page 4 right, title and interest of the State of Florida Department of Transportation to the property herein described to be used for public purposes, pursuant to the provisions of Section 337.25, Florida Statutes, all that certain land situate in Seminole County, Florida, viz: (SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF) SUBJECT to all Utilities in place and in use and to the maintenance thereof SUBJECT TO AND RESERVING unto the Party of the First Part, the State of Florida, Department of Transportation, a permanent, perpetual drainage easement in, over, under and through the property described in Exhibit "A" (the "Property") and the stormwater retention and drainage system thereon ("Drainage System") for the storm water drainage needs of the State of Florida, Department of Transportation associated with State Road 434, located in Seminole County, Florida, including a reservation for storm water drainage capacity in said Drainage System to satisfy all capacity and permit conditions associated with State Road 434. Grantee, the City of Longwood, shall be perpetually and solely responsible for the maintenance of the Drainage System on the Property. In the event the City of Longwood fails to repair, maintain, replace, or reconstruct said Drainage System or any damage arising out of or associated with the use of the Drainage System, the State of Florida, Department of Transportation, upon at least sixty (60) days written notice and opportunity to cure to Grantee, shall be entitled to access the Property to perform the maintenance, repairs, replacement, or reconstruction of the Drainage System at the expense of the Grantee. In cases of an emergency or to alleviate an immediate safety concern, the Party of the First Part shall have the right to immediately perform maintenance, repairs, replacement, or reconstruction of the Drainage System to address the emergency or safety situation. Subject to Grantor's right of review and approval, which approval shall not be unreasonable withheld, Grantee shall have the right to cause the removal and relocation of the Drainage System improvements and utilities in place in, over, under and through the Property existing on the date of this Deed to another location (including the right to design and obtain permits to cause the same to occur. As part of the Grantor's review and approval, Grantor shall be provided with the plans for the relocated Drainage System and the legal description(s) and survey for the relocated Drainage System property. The aforesaid relocation, if approved, will be subject to the following conditions that will be set forth in a Drainage System Agreement: the condition that the relocated Drainage System accommodates the stormwater drainage needs of State Road 434 to the same or greater extent than the current Drainage System improvements on the Property and meets all design, permitting, and construction criteria of the Grantor, and that the Drainage System will be fully constructed, permitted and operational prior to the existing Drainage System being removed, and that the property onto which the relocated Drainage System is constructed will be free and clear of any and all interests except for a permanent drainage easement in favor of the Grantor and any other interest that would be subordinated to such permanent drainage easement. Grantee shall be responsible for all costs associated with the relocation of the Drainage System. Upon the completion of the relocated Drainage System and granting of the replacement drainage easement to Grantor contemplated herein, Grantor shall execute an instrument for recording in the public records of Seminole County, Florida, which disclaims and releases any and all easements and reservations contained within this Deed. TO HAVE AND TO HOLD, the said premises and the appurtenances thereof unto the Party of the Second Part. City of Longwood — Resolution No. 17-1424 Page 5 IN WITNESS WHEREOF, the State of Florida Department of Transportation has caused these presents to be signed in the name of the State of Florida Department of Transportation by its District Secretary, District Five and its seal to be hereunto affixed, attested by its Executive Secretary, on the date first above written. ATTEST: (Type/print name) Executive Secretary (Affix Department Seal) STATE OF FLORIDA COUNTY OF VOLUSIA STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION in STEVEN W. MARTIN, P.E. District Five Secretary Legal Review Office of General Counsel The foregoing instrument was acknowledged before me this day of , by Steven W. Martin P.E., District Secretary for District Five, who is personally known to me, or who has produced as identification. (Affix Notary Seal) (Type/print name) Notary Public in and for the County and State last aforesaid. My Commission Expires: City of Longwood — Resolution No. 17-1424 Page 6 QUITCLAIM DEED EXHIBIT"A" PARCEL NO. 103 SECTION 77120 F.P. NO. 240233 3 "From the Northeast corner of Section 1, Township 21 South, Range 29 East, Seminole County, Florida, run North 89 degrees 58'14" West along the north line of said Section 1 a distance of 200 feet, thence run South 00 degrees 01'30" East parallel with the East line of said Section 1, a distance of 500 feet, thence run North 89 degrees 58'14" West 227.48 feet to the East line of DOT drainage easement, thence run North 00 degrees 01'46" East 500 feet to the South right-of-way line of State Road 434, thence run South 89 degrees 58'14" East 227 feet to the point of beginning." LESS: "The South 287.50 feet of the North 500.00 feet of the West 64 feet of the East 264 feet of Section 1, Township 21 South, Range 29 East, Seminole County, Florida." Being the lands described and recorded in Official Records Book 1198, Page 1106 and corrected in Official Records Book 1254, Page 1991, LESS: Official Records Book 1578, Page 1763, Public Records of Seminole County, Florida. AND PARCEL NO. 104 SECTION 77120 F.P. NO. 240233 3 "Being a portion of Tract 1, Sanlando Springs, according to the plat thereof as recorded in Plat Book 5, Page 52 of the Public Records of Seminole County, Florida, described as follows: From the Northwest corner of Tract 1, run South 89°58'14" East along the North line of said Tract 1, and the South right of way line of State Road 434, a distance of 591.60 feet for a Point of Beginning, thence continue South 89°58'14" East, 186.90 feet, thence run South 00°08'36" West, 500.00 feet, thence run North 89°58'14" West, 174.60 feet, thence run South 00°08'36" West, 25 feet, thence run North 89°58'14" West 12.24 feet, thence run North 00°08'36" East, 525 feet to the Point of Beginning. Together with a perpetual non-exclusive easement for ingress an egress across the following described property: From the Northwest corner of Tract 1, Sanlando Springs, according to the plat thereof as recorded in Plat Book 5, Page 52, of the Public Records of Seminole County, Florida, run South 89°58'14" East, along the North line of said Tract 1 and the South right of way line of State Road 434, a distance of 549.60 feet for a Point of Beginning: thence continue South 89°58'14" East, 12.00 feet, thence run South 00°08'36" West, 210.00 feet, thence run North 89`58'14" West, 12.00 feet, thence North 00°08'36" East 210.00 feet to the Point of Beginning." Being the lands described and recorded in Official Records Book 4136, Page 123, Public Records of Seminole County, Florida. City of Longwood — Resolution No. 17-1424 Page 7 February 15, 2017 This instrument prepared by ROBIN D. DERR Under the direction of FREDRICK W. LOOSE, ATTORNEY Department of Transportation 719 South Woodland Boulevard Deland, Florida 32720-6834 PARCEL NO. 121 B PART and 149 PART SECTION 77120 F.P. NO. 240233-3 STATE ROAD 434 COUNTY SEMINOLE QUITCLAIM DEED Public Purpose GRANT 11ALO?� OEt1TtJOLE COUNTY �C:!...r OF C:TRC:UTT COURT & C:ONFITROLLER CLERK'S x 2017031950 RECORDED 03{751,'- n17 10:20.42 'i!7 REC ORDING FEE_, $3` .50 REC:f)FkDED BY hdcvore THIS INDENTURE, Made this Zt''' day of IM6W6,k , by and between the STATE OF FLORIDA by and through the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, Party of the First Part, whose address is 719 South Woodland Blvd., Deland, FL 32720, to CITY OF LONGWOOD, A Florida municipal corporation, Party of the Second Part, 175 West Warren Avenue, Longwood, FL 32750. WITNESSETH WHEREAS, said land hereinafter described was heretofore acquired for state highway purposes; and WHEREAS, said land is no longer required for such purposes, and the Party of the First Part, by action of the District Secretary, District Five, Florida Department of Transportation on (all � 1 1 , pursuant to the provisions of Section 337.25 Florida Statutes, has agreed to quitciaim the iand 'hereinafter described to the Party of the Second Part without consideration, to be used solely for public purposes. NOW, THEREFORE, THIS INDENTURE WITNESSETH: That the Party of the First Part does hereby remise, release and quitclaim unto the Party of the Second Part, and assigns, forever, all the right, title and interest of the State of Florida Department of Transportation to the property herein described to be used solely for public purposes, pursuant to the provisions of Section 337.25, Florida Statutes, all that certain land situate in Seminole County, Florida, viz: (SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF) SUBJECT to all Utilities in place and in use to the maintenance thereof. PARCEL NO. 121 B PART and 149 PART SECTION 77120 F.P. NO. 240233-3 PAGE 2 TO HAVE AND TO HOLD, the said premises and the appurtenances thereof unto the Party of the Second Part. REVERTER - The property herein described is to be used for public purpose, by the Party of the Second Part. If the property ceases to be used for the above described purpose all property rights shall revert back to the said Party of the First Part. IN WITNESS WHEREOF, the State of Florida Department of Transportation has caused these presents to be signed in the name of the State of Florida Department of Transportation by its District Secretary, District Five and its seal to be hereunto affixed, attested by its Executive Secretary, on the date first above written. ATTEST: (Typ tpgipt. name) Frut+ye Secretary D„epartM.'#nt Seal) JAT�OI� STATE OF FLORIDA COUNTY OF VOLUSIA STATE OF FLORIDA DEPARTMENT OF TRAt4SPORTATION By: �7r&L - Steve W. Martin, P.E. District Five Secretary it, • - of - -Counsel The foregoing instrument was acknowledged before me this aL� day of (V AV'C, A 1 "7 , by Steven W. Martin, P.E., District Secretary for District Five, who is personally known to me, or who has produced as identification. *.= Commhss on # FF985433 Expires: May 11, 2020 Bonded thru Aaron Notary, (Affix Notary Seal) _ �L (Type/print name) Notary Public in and for the County and State last aforesaid. My Commission Expires: S1 ii12-ozo PARCEL NO. 121 B PART and 149 PART SECTION 77120 F.P. NO. 240233-3 PAGE 3 EXHIBIT A PARCEL NO. 121 B PART SECTION 77120 F.P. NO. 240233 3 "LOTS 14, 15, 16, 4, and the West 50 feet of LOT 3, BLOCK B, SANLANDO SPRINGS, TRACT NUMBER 4, according to the plat there of as recorded in Plat Book 5, Page 55, Public Records of Seminole County, Florida." Being a portion of the lands described and recorded in Official Records Book 2563, Page 0670, Public Records of Seminole County, Florida. EXCEPT: A parcel of land in Lots 4, 14 and the West 50 feet of Lot 3, Block B per the plat of Sanlando Springs, Tract No. 4 as recorded in Plat Book 5, Page 55 of the Public Records of Seminole County, Florida, being a portion of those certain lands as described in Official Records Book 2563, Page 670 of the Public Records of Seminole County, Florida and being more particularly described as follows: Commence at a nail and disk with no identification, marking the Northwest corner of the Northwest quarter of Section 1, Township 21 South, Range 29 East, Seminole County, Florida; thence South 00°01'00" West along the West line of said Northwest quarter, a distance of 319.77 feet to a point on the existing Southeasterly right of way line of State Road 434 as shown on the Florida Department of Transportation right of way map, Section 77120, Financial Project No. 240233 3; thence departing said West line, run North 56046'44" East along said right of way line, a distance of 38.43 feet to the point of curvature of a curve concave Southeasterly and having a radius of 1860.08 feet; thence run Northeasterly along said right of way line and along the arc of said curve through a central angle of 01 °21'46, an arc distance of 44.25 feet; thence departing said curve, run North 89°41'00" East along said right of way line, a distance of 111.24 feet to a point on the West line of the East 4 feet of Lot 10, Block B per the plat of Sanlando Springs, Tract No. 4 as recorded in Plat Book 5, Page 55 of the Public Records of Seminole County, Florida; thence North 00000'02 East, along said West line and Southeasterly right of way line of State Road 434, a distance of 63.30 feet to a point on a curve concave Southeasterly and having a radius of 1860.08 feet; thence from a tangent bearing of North 62°05'40" East, run Northeasterly along said Southeasterly right of way line and along the arc of said curve through a central angle of 04°26'36", an arc distance of 144.25 feet to the South line of Lot PARCEL NO. 121 B PART and 149 PART SECTION 77120 F.P. NO. 240233-3 PAGE 4 4, Block B peraforesaid platforthe POINT OF BEGINNING; thence continue Northeasterly along said right of way and along the arc of said curve through a central angle of 05°43'49", an arc distance of 186.03 feet to a point on the East line of the West 50 feet of Lot 3, Block B per aforesaid plat; thence departing said right of way line, run South 00°00'02" West along said East line, a distance of 26.76 feet to a point on a curve concave Southeasterly and having a radius of 1837.25 feet; thence from a tangent bearing of South 71058'17" West, run Southwesterly along the arc of said curve through a central angle of 04°59'50", an arc distance of 160.24 feet to a point on the West line of Lot 14, Block B per aforesaid plat of Sanlando Springs, Tract No. 4; thence departing said curve, run North 00°00'02" East along said West line, a distance of 17.64 feet to a point on the South line of Lot 4, Block B; said point also being the Northwest corner of said Lot 14; thence departing said West line, run South 89°41'42" West along said South line of Lot 4, a distance of 24.05 feet to a point on aforesaid Southeasterly right of way line of State Road 434 and the POINT OF BEGINNING. Containing 20,456 square feet, more or less. This legal description prepared under the direction of: Austin C. McCray, P.S.M. No. 6112 Florida Department of Transportation 719 South Woodland Boulevard Deland, Florida 32720 �IF� PARCEL NO. 149 PART 7?120 SECTION F.P. NO. 240233 3 "LOTS 5 & 6 of SANLANDO SPRINGS, Block C, Tract 4, Plat Book 5 at Page 55, of the Public Records of Seminole County, Florida." Being the lands described and recorded in Official Records Book 7404, Page 229, Public Records of Seminole County, Florida.