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HomeMy WebLinkAboutResolution 2000-06 OCOEE.RES December 14, 1998 This instrument prepared by KATTIE GIBSON under the direction of GEORGE S. LOVETT, ATTORNEY Department of Transportation 719 South Woodland Boulevard DeLand, Florida 32720 PARCEL NO. SECTION STATE ROAD COUNTY: , . P. NO. 113.1R 75250-2525 438 ORANGE 239289 1 RES 0 L UTI 0 N No. 2000-06 ON MOTION of commissioner _~AJj)cR:.oAJ seconded by Commissioner JrD~~ the following Resolution was adopted: WHEREAS, the State of Florida Department of Transportation proposes to construct or improve State Road No. 438, section No. 75250-2525, in Orange County, Florida: and WHEREAS, it is necessary that certain lands now owned by city of Ocoee, Florida, be acquired by the State of Florida Department of Transportation: and WHEREAS, said property is not needed for City purposes: and WHEREAS, the State of Florida Department of Transportation has made application to said City to execute and deliver to the State of Florida Department of Transportation a deed, or deeds, in favor of the State of Florida Department of Transportation, conveying all rights, title and interest tA~t 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 Board of City commissioners of City of Ocoee, Florida, that the application of the State of Florida Department of Transportation for a deed, or deeds, is for transportation purposes which are in the public or community interest and for public welfare and the land needed for transportation purposes is not needed for. city pu.rposes; that a deed, or deeds, in favor of the State of Florida Department of Transportation conveying all right, title and interest of City of Ocoee, Florida, in and to said lands should be drawn and executed by the Mayor and City Clerk, on behalf of this Board of City commissioners. BE IT FURTHER RESOLVED that a certified copy of this Resolution be forward~~ forthwith to the State of Florida Department of Transportation at Tallahassee, Florida. PARCEL NO. SECTION F.P. NO. PAGE 113.1R 75250-2525 239289 1 2 BE IT FURTHER RESOLVED that this Resolution shall become effective immediately upon passage and adoption. PASSED AND ADOPTED this /.J~day of ;1"(i,,~ T , ~~OC/). APPROVED: (SEAL) APPROVED BY THE OCOEE CITY COMMISSION ON THE ABOVa-oA~A UNDER AGENDA ITEM NO. VLJ-~.~ - FOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE, FLORIDA; APPROVED ~S TO FOhND LEGALITY this ~ day of uta ,- , _~IXJ FOLEY ~?~ . By: City Attorney STATE OF FLORIDA COUNTY OF . t) C-{) 6-6- I HEREBY CERTIFY that the foregoing is a true copy of a Resolution adopted by the Board of City commissi~ers of ~~~e , Flo~da, at a meeting held on the /J.- - day of -14.ql.l.s r , ~ oo~ C"R .,..J ~ ~rd of City commissioners ~~66- Florida , 03-0COEE-12/98 December 14, 1998 This instrument prepared by KATTIE GIBSON under the direction of GEORGE S. LOVETT, ATTORNEY Department of Transportation 719 South Woodland Boulevard DeLand, Florida 32720 PARCEL NO. SECTION STATE ROAD COUNTY: ....,..P. NO. 113.1R 75250-2525 438 ORANGE 239289 1 C I T Y DEE D d A SOot' THIS DEED, made this IS day of /t'U611.T , 13:9_ by the CITY OF OCOEE, a municipality of the State of Florida, 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 Orange County, Florida, viz: PARCEL NO. 113 SECTION 75250-2525 All the rights and interest of the City of Ocoee, Florida, in and to the existing right of way of dedicated and used State Road No. 438 and the existing right of way of portions of other dedicated or maintained streets between Silver Crest Boulevard and Hiawassee Road (S.R. 435), lying within~the required right of way as shown on the Right of Way Map of Section 75250-2525, State Road No. 438, as filed in the Office of the Clerk of the Circuit Court in Orange 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 in fee simple forever. PROVIDED that the following rights are reserved to Grantor: 1. The Grantor shall have the right to construct, operate, maintain, improve, add to, upgrade, remove, and relocate facilities on, within, and upon the lands described herein in accordance with the F.D.O.T. IS current minimum standards for such facilities as required by the F.D.O.T. Utility Accommodation Manual in effect at the time the agreement is executed. Any new construction or relocation of facilities within the lands will be subject to prior approval by the F.D.O.T. Should the F.D.O.T. fail to approve any new construction or relocation of facilities by the Grantor or require the Grantor to alter, adjust, or relocate its facilities located within said lands, the F.D.O.T. hereby agrees to pay the cost of such alteration, adjustment, or relocation, including, but not limited to the cost of acquiring appropriate easements. 2. Notwithstanding any provisions set forth herein, the terms of the utility permits shall supersede any contrary provisions, with the exception of the provision herein with reimbursement rights. PARCEL NO. SECTION F.P. NO. PAGE 113.1R 75250-2525 239289 1 2 3. The Grantor shall have a reasonable right to enter upon the lands described herein for the purposes outlined in Paragraph 1 above, including the right to trim such trees, brush, and growth which might endanger or interfere with such facilities, provided that such rights do not interfere with the operation and safety of the F.D.O.T.ls facilities. 4 . The Grantor agrees to repair any damage to F.D.O.T. facilities and to indemnify to the extent permitted by law, the F.D.O.T. against any loss or damage resulting from the Grantor exercising its rights outlined in Paragraphs 1 and 3 above. 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 Florida Law) ()~ ~CVn? CO Print Name: (VCtrtl1f?j'\ ..,i?Jim(J..S THE CITY OF OCOEE, FLORIDA By. 7~ ATTEST: S. SCOTT VANDERGR Its Mayor EAN G~ Its City Clerk . 6 .)<~-t Print Name:~~~~~~(r_ ( SEAL) FOR USE AND .RELIANCE ONLY BY THE"CITY OF OCOEE, FLORIDA; APPROVED AS TO FORM AND LEGALtTY,this ~ day of -2ef~!7a- , ~~ ::~EY6Wr~ APPROVED BY THE OCOEE CITY COMMISSION AT A MEETING HELD ON Juc..fI,S r I.J ; :pr-Ni) UNDER AGENDA ITEM NO. ~ ;l. - City Attorney ,TATE OF FLORIDA COUNTY OF O~~NG~ The foregoing instrument was acknowledged before me this '3TH day of S e: ~\ I!:. N\ Qs: A.. , ~a(;)OO, by S. Scott Vandergrift, Mayor, who is personally known to me or who has produced as identification. ~ ~ Marian B Green *~ *Mv Commission CC773231 '~.1 Expires November 4. 2002 ~ l1A Uuu .:A. .j; ,U g 1JlJ N\AA.:tfllN B. Gfte:EN Notary Public in and for the County and state last aforesaid. My Commission Expires:Mn~'~11~oh Serial No., if any: c.c.'l'l32.3'