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22-1592 City Deed Conveying Portion of Right of Way to FDOTGrant Maloy, Clerk Of The Circuit Court & Comptroller Seminole County, FL Inst #2022013902 Book:10160 Page:1864-1865; (2 PAGES) RCD: 2/2/2022 8:40:10 AM REC FEE $18.50 RESOLUTION NO.22-1S92 A: RESOLUTION OF THE CITY OF LONGWOOD, FLORIDA, APPROVING AND AUTHORIZING THE EXECUTION AND DELIVERY OF A CITY DEED CONVEYING A PORTION OF CITY_ OWNED OR CONTROLLED PUBLIC RIGHT-OF-WAY TO THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the State of Florida Department of Transportation ("FDOT") proposes to construct or improve State Road No. 434, Section No. 77120, F.P. No. 43904.0-1, in Seminole County, Florida ("Project"); and WHEREAS, FDOT asserts that it is'necessary that certain right-of-way lands now owned or controlled by the City of Longwood; Florida ("City"), be acquired by the FDOT for the Project; and WHEREAS, FDOT desires to acquire that certain portion of the City owned or controlled public right-of-way described to wit: All the rights and interest of the City of Longwood has in and to that portion of existing public right-of-way described as Parcel No.101.1 as . shown on the Right of Way Map of Section 77120; F.P. No. 439090-1, State Road No. 434 as filed in the Office of the Clerk of the Circuit Court in Seminole County, Florida, or in the Office of the Department of Transportation in De Land;, Florida WHEREAS, the FOOT has made a -request to the City for the City to execute'and deliver to the FDOT a City Deed in favor of the FDOT, conveying all rights, title and interest that said City has in.and to said lands required for transportation purposes and said request,having been duly considered. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF LONGWOOD, FLORIDA, that: SECTION 1:'The City Commission hereby approves and authorizes the Mayor and City Clerk to execute and deliver to the State of Florida, Department of Transportation the form City Deed attached to this Resolution, which conveys the above described portion of .City owned or control led. right-of=way to FDOT. A certified copy of this Resolution is to be:forwarded to the State of Florida Department of Transportation at 719 South Woodland Blvd., Deland, Florida, 32720- 6834. SECTION 2. This Resolution shall take effect immediately upon its adoption. PASSED AND RESOLVED this 17th,day of January 2022, by the City Commission of the City of Resolution No. 22-1592 Pagel of 2 Book 10160 Page 1865 Instrument# 2022013902 Longwood, Florida. APPROVED: o ', Brian D: Sackett, Met') �o , _,; a ATTEST' ' , chelle o, d ; CRM, City.Clerk I4L-4i jAd for lega�lufficiency by: Daniel W. L gi , VApdrney, Certification I certify this to be a true and correct' COP) of the record in my office. WITNESSF:TH m> hand and ofncial seal of the,C' Of dav o Longw, Florida t is t ACQUISITION OF THIS LAND IS '4ECESSAKY FOR RMI PUFfN)M irh V'� Resolution No. 22-1592 Page2 of 2 Grant Maloy, Clerk Of The Circuit Court & Comptroller Seminole County, FL Inst #2022013901 Book:10160 Page:1861-1863; (3 PAGES) RCD: 2/2/2022 8:40:09 AM REC FEE $27.00 January 11, 2022 This instrument prepared by Meg Hardy Under the direction of TAX EiXEMP"'T' FREDRICK W. LOOSE, ATTORNEY . Department of Transportation FS 719 South Woodland'Boulevard .33727 r DeLand, Florida 32720-6834 PARCEL NO. 101.1 Please Return To: Fla. Department of Transportation SECTION 77120 719 South Woodland Boulevard.. F.P. NO. 4390401 R/W Records Mgmt, MS 551 STATE ROAD 434 DeLand, F.L 32720-6834 - COUNTY SEMINOLE Attn: M. Yeeloy-Sanderson CITY DEED THIS DEED, made this. 14 day. of '. 9 , S j by the CITY OF LONGWOOD, a Florida Municipal Corporation, gra tor, to the STATE OF:FLORIDA DEPARTMENT OF TRANSPORTATION, grantee: (Wherever used herein the terms."grantor" and "grantee" include all the parties to this instrument and the heirs, legal representatives and assigns of individuals, and the successors, and assigns of organizations). WITNESSETH: That the grantor, .for and in. consideration of the sum of. $1-.00 and .other valuable considerations, receipt and sufficiency being hereby acknowledged, hereby grants, bargains; sells, aliens, remises, releases, conveys and -confirms unto the grantee, all that certain land situate in Seminole County, Florida, viz: PARCEL NO.-101.1 FEE SIMPLE . SECTION 77120 F.P. NO.439040"1 All the rights and interest of the City of Longwood has in and to that portion of existing public right-of-way described as Parcel No. 101.1 as shown on the Right of Way Map of Section 77120, F.P. No. 439090-1, State Road No. 434 as filed in the Office of the Clerk of the Circuit Court in Seminole County, Florida, or in.the Office. of the Department of Transportation in DeLand, Florida. TOGETHER with all tenements, hereditaments and appurtenances thereto belonging or in anywise appertaining. TO HAVE -AND TO HOLD, the same togetherwith the appurtenances thereunto belonging or in anywiseappertaining, and all the estate, right, title, interest, lien, equity and claim whatsoever of the said grantor, either in law or equity, to the said grantee forever. . PROVIDED that the. following rights are reserved to Grantor: . Book 10160 Page 1862 Instrument# 2022013901 PARCEL NO. 101.1 SECTION 77120.. F.P. NO. 439040.1. PAGE 2 .1. In the event that the interest of Grantor in the property being conveyed hereby was fee simple title or an easement which was granted specifically to, Grantor in name, rather than a general dedication to the public, the Grantor shall have the right to construct, operate, maintain, improve, add to, upgrade, remove, and relocate: utility facilities on, within, and upon the lands described herein, subject to the rights of Grantee to control those activities as hereinafter set forth. 2.. In the event that.the interest of Grantor in the property.being conveyed hereby was under an easement or dedication to the public in general or was anything other thanthe interest as described in paragraph 1 above, and Grantor actually has utility facilities located on the property as of the. date of this conveyance, then Grantor shall; have the right to continue to operate, maintain, or remove those pre-existing utility facilities in the normal course of business, but shall have no other rights with respect to the property except as may hereafter be granted by Grantee pursuant to a separate arrangement. The exercise .of Grantee's rights under this paragraph 2 shall be subject to the rights of Grantee to control those activities as hereinafter set forth. 3. The Grantee. shall have. the right to control the exercise of Grantor's rights under paragraphs.1 and 2 above in the following manner: a. The Grantee may require, for any present orfuture transportation facility project, that any .facilities of the Grantor be located, protected, adjusted, or removed as the Grantee determines is necessary. (including the timing of any of such activities) to accommodate the transportation facility project. The Grantor shall have the right to engage in additional protective measures during the transportation facility .project beyond what the Grantee determines is necessary, provided that the cost of any such additional protective measures shall; be borne by the Grantor. b. The Grantor shall operate and maintain the Grantor's facilities located on the real property in accordance with Grantee standards as set forth in the Grantee's then current Utility Accommodation Manual. c. Any placement of new facilities or adjustment, upgrading, removal, or relocation of the Grantor's facilities proposed by the Grantor shall be subject to the prior approval of the Grantee as provided in and under the conditions of the Grantee's then current Utility Accommodation Manual. Approval will be granted through the issuance of a utility permit. d. Nothing in this paragraph 3 shall be deemed to grant Grantor rights beyond those granted by paragraphs 1 and 2 above. 4.. In the.event that the Grantee exercises it's rights under paragraph 3 hereof and the exercise of those rights creates costs over and above what the Grantor would normally have Book' 10160 Page 1863 Instrument# 2022013901 PARCEL NO. 101.1 SECTION 77120 F.P. NO. 4390401 PAGE 3 incurred had the Grantee not exercised those rights, the Grantee will bear the excess costs; provided, however, that nothing in this paragraph 4 shall be construed to .require Grantee. to bear any costs related to or resulting from Grantor exercising rights beyond or in excess of those described in paragraphs 1 and 2 above. Excess costs shall include, but not necessarily be limited to, damage to the Grantor's facilities resulting from failure of Grantee's protective measures where the Grantor has not. elected - to undertake additional protective measures pursuant to subparagraph 3.a. above. The specific arrangement for Grantee bearing the excess costs shall be by separate agreement. IN WITNESS WHEREOF, the said grantor has caused these presents to be executed in its name by its Mayor, and its seal to be hereto affixed, attested byits City Clerk, the -date first above Written. Signed, sealed and delivered in CITY OF LONGWOOD, FLORIDA, the presence of: Two witnesses required by FI . a Law 00, By: SIGNATURE LINE � \ Brian Sackett, Mayor 1-7 . Ulcttc& A'^ PRINT/TYPE NAM >.J %O SIGNATURE LINE ` ATTEST: PRINT/TYPE NAME: �1-��t -� ` Ichelle. Clerk (or Dep y Clerk) STATE OF FLORIDA - COUNTY OF SEMINOLE The foregoing instrument was acknowledgedbefore me, by means of �ysical presence or ❑ online notarization, this, day ofZ0ru_dj d _, by Brian Sackett, Mayor, who is personally known to me or who. has produced as identifica ion. ----• PRINT/TYPE NAME: . oi.*Y°. s MlcNet �E LoNco Notary Public in and for the (_•.� �; Notary Public • state of Florida County and State last aforesaid. commission # NN 212203 My Commission Expires: oFr�' My comm.'Expires Dec 28, 2025 Serial No., if any: Bonded through National Notary Assn. ACQUISITION OF THIS iLANO IS . 4ECESSARY FOR R/W PURPOSES RESOLUTION NO. 22-1592 A RESOLUTION OF THE CITY OF LONGWOOD, FLORIDA, APPROVING AND AUTHORIZING THE EXECUTION AND DELIVERY OF A CITY DEED CONVEYING A PORTION OF CITY OWNED OR CONTROLLED PUBLIC RIGHT-OF-WAY TO THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the State of Florida Department of Transportation ("FDOT") proposes to construct or improve State Road No. 434, Section No. 77120, F.P. No. 439040-1, in Seminole County, Florida ("Project"); and WHEREAS, FDOT asserts that it is necessary that certain right-of-way lands now owned or controlled by the City of Longwood, Florida ("City"), be acquired by the FDOT for the Project; and WHEREAS, FDOT desires to acquire that certain portion of the City owned or controlled public right-of-way described to wit: All the rights and interest of the City of Longwood has in and to that portion of existing public right-of-way described as Parcel No.101.1 as shown on the Right of Way Map of Section 77120, F.P. No. 439090-1, State Road No. 434 as filed in the Office of the Clerk of the Circuit Court in Seminole County, Florida, or in the Office of the Department of Transportation in DeLand, Florida WHEREAS, the FDOT has made a request to the City for the City to execute and deliver to the FDOT a City Deed in favor of the FDOT, conveying all rights, title and interest that said City has in and to said lands required for transportation purposes and said request having been duly considered. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF LONGWOOD, FLORIDA, that: SECTION 1. The City Commission hereby approves and authorizes the Mayor and City Clerk to execute and deliver to the State of Florida Department of Transportation the form City Deed attached to this Resolution, which conveys the above described portion of City owned or controlled right-of-way to FDOT. A certified copy of this Resolution is to be forwarded to the State of Florida Department of Transportation at 719 South Woodland Blvd., DeLand, Florida, 32720- 6834. SECTION 2. This Resolution shall take effect immediately upon its adoption. PASSED AND RESOLVED this 17th day of January 2022, by the City Commission of the City of Resolution No. 22-1592 Pagel of 2 Longwood, Florida. APPROVED: W Brian D. Sackett, M or ATTEST: M chelle ,o o, , FCRM, City Clerk Reviewed for legal sufficiency by: Daniel W. L gl , Ci A ney Resolution No. 22-1592 Paget of 2 January 11, 2022 This instrument prepared by Meg Hardy Under the direction of FREDRICK W. LOOSE, ATTORNEY Department of Transportation 719 South Woodland Boulevard DeLand, Florida 32720-6834 PARCEL NO. 101.1 SECTION 77120 F.P. NO. 4390401 STATE ROAD 434 COUNTY SEMINOLE CITY DEED THIS DEED, made this day of -_-�by the CITY OF LONGWOOD, a Florida Municipal Corporation, grantor, to the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, grantee: (Wherever used herein the terms "grantor" and "grantee" include all the parties to this instrument and the heirs, legal representatives and assigns of individuals, and the successors, and assigns of organizations). WITNESSETH: That the grantor, for and in consideration of the sum of $1.00 and other valuable considerations, receipt and sufficiency being hereby acknowledged, hereby grants, bargains, sells, aliens, remises, releases, conveys and confirms unto the grantee, all that certain land situate in Seminole County, Florida, viz: PARCEL NO. 101.1 FEE SIMPLE SECTION 77120 F.P. NO.439040-1 All the rights and interest of the City of Longwood has in and to that portion of existing public right-of-way described as Parcel No. 101.1 as shown on the Right of Way Map of Section 77120, F.P. No. 439090-1, State Road No. 434 as filed in the Office of the Clerk of the Circuit Court in Seminole County, Florida, or in the Office of the Department of Transportation in DeLand, Florida. TOGETHER with all tenements, hereditaments and appurtenances thereto belonging or in anywise appertaining. TO HAVE AND TO HOLD, the same togetherwith the appurtenances thereunto belonging or in anywise appertaining, and all the estate, right, title, interest, lien, equity and claim whatsoever of the said grantor, either in law or equity, to the said grantee forever. PROVIDED that the following rights are reserved to Grantor: PARCEL NO. 101.1 SECTION 77120 F.P. NO. 4390401 PAGE 2 1. In the event that the interest of Grantor in the property being conveyed hereby was fee simple title or an easement which was granted specifically to Grantor in name, rather than a general dedication to the public, the Grantor shall have the right to construct, operate, maintain, improve, add to, upgrade, remove, and relocate utility facilities on, within, and upon the lands described herein, subject to the rights of Grantee to control those activities as hereinafter set forth. 2. In the event that the interest of Grantor in the property being conveyed hereby was under an easement or dedication to the public in general or was anything other than the interest as described in paragraph 1 above, and Grantor actually has utility facilities located on the property as of the date of this conveyance, then Grantor shall, have the right to continue to operate, maintain, or remove those pre-existing utility facilities in the normal course of business, but shall have no other rights with respect to the property except as may hereafter be granted by Grantee pursuant to a separate arrangement. The exercise of Grantee's rights under this paragraph 2 shall be subject to the rights of Grantee to control those activities as hereinafter set forth. 3. The Grantee shall have the right to control the exercise of Grantor's rights under paragraphs 1 and 2 above in the following manner: a. The Grantee may require, for any present or future transportation facility project, that any facilities of the Grantor be located, protected, adjusted, or removed as the Grantee determines is necessary (including the timing of any of such activities) to accommodate the transportation facility project. The Grantor shall have the right to engage in additional protective measures during the transportation facility project beyond what the Grantee determines is necessary, provided that the cost of any such additional protective measures shall be borne by the Grantor. b. The Grantor shall operate and maintain the Grantor's facilities located on the real property in accordance with Grantee standards as set forth in the Grantee's then current Utility Accommodation Manual. C. Any placement of new facilities or adjustment, upgrading, removal, or relocation of the Grantor's facilities proposed by the Grantor shall be subject to the prior approval of the Grantee as provided in and under the conditions of the Grantee's then current Utility Accommodation Manual. Approval will be granted through the issuance of a utility permit. d. Nothing in this paragraph 3 shall be deemed to grant Grantor rights beyond those granted by paragraphs 1 and 2 above. 4. In the event that the Grantee exercises it's rights under paragraph 3 hereof and the exercise of those rights creates costs over and above what the Grantor would normally have PARCEL NO. 101.1 SECTION 77120 F.P. NO. 4390401 PAGE 3 incurred had the Grantee not exercised those rights, the Grantee will bear the excess costs; provided, however, that nothing in this paragraph 4 shall be construed to require Grantee to bear any costs related to or resulting from Grantor exercising rights beyond or in excess of those described in paragraphs 1 and 2 above. Excess costs shall include, but not necessarily be limited to, damage to the Grantor's facilities resulting from failure of Grantee's protective measures where the Grantor has not elected to undertake additional protective measures pursuant to subparagraph 3.a. above. The specific arrangement for Grantee bearing the excess costs shall be by separate agreement. IN WITNESS WHEREOF, the said grantor has caused these presents to be executed in its name by its Mayor, and its seal to be hereto affixed, attested by its City Clerk, the date first above written. Signed, sealed and delivered in the presence of: Two witnesses required by FI ' a Law SIGNATURE LINE _ _ - PRINT/TYPE NAM 4rt� �Grd4s¢ SIGNATURE LINE PRINT/TYPE NAME: 'L1gr STATE OF FLORIDA COUNTY OF SEMINOLE CITY OF LONGWOOD, FLORIDA, By: Brian Sackett, Mayor ATTEST: Ichelle g Clerk (or Depbfy Clerk) The foregoing instrument was acknowledged before me, by means of M,'p*-h*ysical presence or ❑ online notarization, this �_ day of ---Si; taw j2q c , by Brian Sackett, Mayor, who is personally known to me or who has produced as ideratification. PRINT/TYPE NAME: IK MICHELLE LONGO Notary Public in and for the otary PublicState of FloridaCounty and State last aforesaid. Commission # HH 212203 My Commission Expires: ��► c ,YJA.r . �a.63;k Comm. Expires Dec 28, 2025 Serial No., if any: through National Notary Assn.