O-59-186
ORDINANCE NO. 186
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AN ORDINANCE FOREVER ABANDONING. ABOLISHING. CLOSING
AND VACATING FRACTIONAL DIVISION STREET AS REPRESENTED
ON THE OFFICIAL MAP OF THE CITY OF CLERMONT. LAKE COUNTY.
FLORIDA; PROVIDING THAT ALL LANDS LYING WITHIN SAID FRACTION-
AL DIVISION STREET SHALL REVERT IN FEE SIMPLE TO AND BECOME
THE PROPERTY OF THE OWNERS OF THE ADJACENT LANDS; PROVIDING
EFFECTIVE DATE HEREOF.
WHEREAS, the S 1/2 of Division Street wholly lies within the
territorial boundaries of the City of Clermont, Lake County, Florida, and
the N 1/2 thereof wholly lies within the Town of Minneola, Lake County,
Florida; and, the center line of Division Street is a common boundary between
the said City of Clermont aef1 Town of Minneola; and, that said Street has
never been graded, paveçlßmproved by either municipality and has never
been used by the traveling public but on the contrary has always been used
by adjacent property owners until such time as same would be open to the
general traveling public; and,
WHEREAS, since the construction of State Road 25, U. S. 27,
(formerly State Road 8-A, Federal Route 19) the opening and improvement
of said Street on to said State Road 25 would create a traffic hazard and
William L. C. Gross and wife, Elaine M. Gross, are the owners of the lands
lying East of Galena Street and West of said State Road 25 and lying North and
South of the right-of-way of said Division Street, both in the City of Clermont
and the Town of Minneola, have agreed to convey, without cost, a strip of
land for street purposes 60 feet in width North of the present location of
Division Street, the same being the North 60 feet of Lots 3 and 6, Block _
55, and the North 60 feet of Lot 3, Block 52, as represented on the Official
Map of the Town of Minneola, in exchange for the closing of the North half
of Division Street East of Galena Street and the West half of State Road 25,
LESS and EXCEPT right-of-way of Bloxam A venue; and, the Town of Minneola
has agreed to close the North half of Division Street East of Galena Street
and West of said State Road 25, LESS and EXCEPT right-of-way of Bloxam Avenue;
and, the Council of the City of Clermont have also found that the opening of
said Division as now located would create a traffic hazard and that said Street
is not needed within the street system of the City of Clermont and with the
excessive travel and use of said State Road 25 it would be to the general wel-
fare and the best interests of all parties concerned that said Division Street
not be opened in its present location; and,
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WHEREAS, the City Council of the City of Clermont find it to be for
the general welfare of its residents, property owners and the general public
that the S 1/2 of Division Street lying East of Galena Street and West of State
Road 25, LESS and EXCEPT right-of-way of Bloxam Avenue, be forever
. abandoned, abolished, closed and vacated and the lands within said Division
Street revert in fee simple to the adjacent property owners; and, that this
Ordinance, when passed, become effective at once; therefore,
BE IT ORDAINED AND ESTABLISHED BY THE CITY COUNCIL OF THE CITY
OF CLERMONT. LAKE COUNTY. FLORIDA:
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SECTION I. That the South half (S 1/2) of Division Street lying
West of Bloxam Avenue and East of Galena Street, and the South half
(S 1/2) of Division Street lying East of Bloxam Avenue, as represented
on the Official Map of the City of Clermont, duly filed and recorded
in the Public Records of Lake County, Florida, LESS and EXCEPT
therefrom right-of-way for said State Road 25, U. S. 27, (formerly
State Road 8-A, Federal Route 19) and fractional S 1/2 of Division
Street lying East of said State Road 25 be, and the same is, hereby
forever abandoned, abolished, closed and vacated and all lands lying
within said area of the S 1/2 of Division Street shall revert in fee simple
to the owners of the real property lying adjacent and abutting thereto.
SECTION II. That copies of the Resolution, adopted by this
Council on November 17, 1959, Proof of PubUcation of Notice, and this
Ordinance, duly certified by the City Clerk, shall be recorded in the
Public Records of Lake County, Florida, and when so recorded will,
in all intents and purposes, operate as a conveyance in fee simple of the
lands within said area of the S 1/2 of Division Street as more particularly
above described.
SECTION III. That in the event the Town of Minneola should, with-
in 60 days from date hereof, fail or refuse to permanently abandon, abolish,
close and vacate the N 1/2 of Division Street lying East of Galena Street
and West of Bloxam Avenue, and the N 1/2 of Division Street lying East
of Bloxam Avenue, as represented on the offical Map of the Town of
Minneola, duly filed and recorded in the Public Records of Lake County,
Florida, LESS and EXCEPT existing right-of.:way of State Road 25 and
LESS fractional part of the N 1/2 of Division Street lying East of said
State Road 25, then this Ordinance shall, on said date, become null and
void and cease to operate as a conveyance of said lands within the above
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described area of the S 1/2 of Division Street; and, further should the
said William L. C. Gross and wife, Elaine M. Gross, fail refuse or
for any other reason fail to deliver a deed of conveyance to the Town of
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Minneola for street purposes, the same being the North 60 feet of Lots
3 and 6, Block 55, and the North 60 feet of Lot 3, Block 52, as represented
on the Official Map of the Town of Minneola, then and in such event,
this Ordinance shall be void and wholly in -operative in every respect.
SECTION IV. That the City Council of the City of Clermont
finds it necessary to declare the passage of this Ordinance to be an
emergency measure, and, therefore, same shall become effective
immediately upon its passage.
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PASSED and ADOPTED by the City Council of the City of
Clermont, Lake County, Florida, at its Regular Meeting held on ~'
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December 1, 1959,
in Clermont, Florida, upon three readings thereof.
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ATTEST: (/~ / tflu--;
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RECEIVED AND APPROVED by me this December 1, 1959.
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Matpr, @1ermoñt, FlePCcla F If 8. l~
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I HEREBY CERTIFY that a copy of this Ordinance was duly
posted for thirty days.
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DATED, January 4, 1960.
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Citkierk, ,élermont Florida
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WII.I.IAM L. C. GKOSS and w¡h~. Ei./\:~~!~:v1. C;·:':~SS. :) ' CkrmHl1i.
Lake ~:OUnty. Florida, the Grantors. in '. (YJ"õt:t"¡"auoJl \'( ;hc :;;\11:1 uf Om, anc!
No/JOO ($1.00) Dollar received from the TOW1\i OF i\"iNi\I¡·:OI.A, a MUl1kipa!
Corporation, of Lake County, Florida. ¡hI:': Gran!ce', hcrdJ)' on Ihis I at day
uf December, 1959. ,:ol1vey to the GranIc,,". fur 1:;rõTt'! pU:-P( IH~R (~lly, rhe real
property in the Town of Minneola, Lake County. Florida. d~'st:ribcu fiR:
North 60 feet of Lots 3 and 6, Block 5~, and the North
60 feet of Lot 3, Block 52, as repr'c8cntcc1 on the OFFICIAl.
MAP of the TOWN OF MINNEULA, duly flied and recordtld
in the Public Records of Lake Coumy, Florida.
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and covenant that the property Is free of all E'n..:umbranœs, that lawful seisin
of and good right to convey that property arc vested in ¡he Grantors, and that
the Grantors hereby fully warrant the tit.le It,) said land and will defend the same
against the lawful claims of a11 persons whomsoever.
It is hereby understood and agreed and stipulated between the grantors
anù grantee that if the lands hereby conveyed are abandoned, or no longer used
for street purposes by the Town of MinneoJa, Ihe said lands hereby conveyed
shall revert back to '(h~ then owners in fee simple of said LOIs 3 and 6, Block
55, and Lot 3, Block 52, respectively.
Signed in rhe Presence of:
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STA rr.: OF FLOR IDA, )
COLIN I'Y UF LÀKE. )
¡HEREBY CEKTIFY that on rhl" ùay. Ix,f(,'r~ me, a "Uial) I'uhlk tluly
authorized in the Srate and Count y named al>l.,vt· : () take a,!(!lOw!t-dgrncIHH,
personally appeared WILLIAM L. C. GROSS a'~<Í wifl>, ELAlNI·, M. GIH'SS, to
me known 1.0 ~ the pt!rsons des.:ribeà as Gra:lIors Í!! and who cxe~lItcu Iht' fore-
gOlllg Warranty Deed, and acknowledged befort' me that ::;aiJ penHlIls t'xecuted
:h¡¡,~. W;trntn!v Deed.
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r\Wlr~i',S my hand and officiai sea) in ¡lle County and Stau' named above
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