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R-2017-42 • rr rr CITY OF CLERMONT RESOLUTION NO. 2017-42 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CLERMONT, LAKE COUNTY, FLORIDA, DECLARING CERTAIN CITY OWNED REAL PROPERTY AS SURPLUS; APPROVING AND AUTHORIZING THE MAYOR TO EXECUTE AND DELIVER A QUIT CLAIM DEED TO THAT CERTAIN PROPERTY GENERALLY DESCRIBED AS A 151 FOOT WIDE 150 FOOT LONG PARCEL OF LAND APPROXIMATELY 0.5 +/- ACRES WEST. OF CITRUS TOWER BOULEVARD; RESERVING AND ACCEPTING A 15 FOOT PUBLIC UTILITY EASEMENT ALONG AND WITHIN THE • SUBJECT PROPERTY; AUTHORIZING THE CITY MANAGER TO EXECUTE ANY AND ALL DOCUMENTS NECESSARY TO COMPLETE THE TRANSFER OF THE SUBJECT PROPERTY AND THE ACCEPTANCE OF THE PUBLIC UTILITY EASEMENTS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, by Warranty Deed (Well Site) dated January 18, 2002, the City accepted title at no cost to the City to that certain property generally described as a 151-foot-wide 150- foot-long portion of property west of Citrus Tower Boulevard to be used for a well site; WHEREAS, the purpose of the site was for the sole and exclusive purpose of constructing, operating and maintaining a potable water well on the subject property; and WHEREAS, the City Council has determined that the subject property is not needed for the sole and exclusive purpose of constructing, operating and maintaining a potable water well on the subject property and therefore has no value to the City; and WHEREAS, it is in the best interest of the City of Clermont to transfer the subject property back to the original grantor, Lost Lake Reserve, LC., a Florida Limited.Company, and to retain a public utility easement along and within the property. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Clermont, Lake County,Florida,that: SECTION 1. The City Council does hereby find and determine that the property more particularly described in Exhibit "A" attached hereto and incorporated herein is surplus property and the continued ownership of the property by the City does not serve a public purpose. - SECTION 2. In exchange for the granting of a public utility easement as set forth in Exhibit "B" attached hereto, the City Council does hereby approve and authorizes the Mayor to execute the Quit Claim Deeds set forth in Exhibit"A"and to accept the public utility easements. 1 i'. CITY OF CLERMONT RESOLUTION NO. 2017-42 . SECTION 3. The City Manager is further authorized to execute any additional documents as may be necessary to complete the aforementioned transaction. SECTION 4. This resolution shall take effect immediately upon its adoption. 2 CITY OF CLERMONT RESOLUTION NO. 2017-42 DONE AND RESOLVED by the City Council of the City of Clermont, Lake County, Florida this 26th day of September, 2017. , 4 , CITY OF CLERMONT i+fir r r .../4:74ade/ Gail L. Ash, Mayor / ' Y f Tracy Ackroyd Howe, City Clerk Approved as to f• Ill and legality: "15 Desi'• amens, it Attorn- INSTRUMENT#: 2019003063 OR BK 5221 PG 205 PAGES: 2 1/8/2019 9:52:03 AM GARY J. COONEY, CLERK OF THE CIRCUIT COURT & COMPTROLLER, LAKE COUNTY, FLORIDA REC FEES: $18.50 DEED DOC:$0.70 This instrument prepared by and after recording return to: David A. Miller, Esq. PETERSON & MYERS, P.A. Post Office Box 24628 Lakeland, Florida 33802-4628 PARCEL J.D. NUMBER: 09-22-26-130504900001 CORRECTIVE OUIT-CLAIM DEED THIS CORRECTIVE QUIT -CLAIM DEED, is made effective December 1, , 2018, between City of Clermont, a Florida municipal corporation (the "Grantor") the mailing address of which is 685 West Montrose Street, Clermont, Florida 34711, and Lost Lake Reserve, L.C., a Florida limited liability company (the "Grantee'l, the mailing address of which is Post Office Box 3737, Lake Wales, Florida 33589. (The terms "Grantor " and "Grantee" herein shall he construed to include all genders and singular or plural as the context Indicates.) WITNESSETH: Grantor, for and in consideration of the sum of Ten and No/100 Dollars, and other good and valuable considerations, paid by Grantee to Grantor, the receipt whereof is hereby acknowledged, does hereby remise, release, and quitclaim to Grantee, and Grantee's heirs, successors and assigns forever, all the right, title, interest, claim and demand which Grantor has in and to the following described land in Lake County, Florida, to -wit (the "Land"): That part of Section 29, Township 22 South, Range 26 East, Lake County, Florida, described as follows: Commence at the East '/. corner of said Section 29; thence run S 0001512911 F, along the East line of the Southeast'/. of said Section 29 for a distance of 1325.28 feet to the North line of the Southeast '/, of the Southeast '/. of said Section 29; thence run N 88153159" W along said North line for a distance of 85.02 feet to the POINT OF BEGINNING; thence continue N 88053'59" W along said North line for a distance of 151.62 feet; thence run S 0100610111 W for a distance of 150.00 feet; thence run S 88053159" E for a distance of 138.79 feet; thence run N 05*59123" E for a distance of 150.55 feet to aforesaid North line of said Southeast '/a of the Southeast '/. and the POINT OF BEGINNING. TO HAVE AND TO HOLD the same, together with all and singular the appurtenances thereunto belonging or in anywise appertaining, and all the estate, right, title, interest and claim whatsoever of Grantor, either in law or equity, to the only proper use, benefit and behoof of Grantee forever. INSTRUMENT# 2019003063 OR BOOK 5221/PAGE 206 PAGE 2 of 2 N.B. The purpose of this Corrective Quit -Claim Deed is to correct the conveyance language set forth in that certain Quit -Claim Deed recorded December 5, 2017, in Official Records Book 5035, Page 2490, Public Records of Lake County, Florida ("Quit -Claim Deed") and to clarify that Grantor is conveying fee simple title to Grantee. IN WITNESS WHEREOF, Grantor has hereunto set Grantor's hand and seal the day and year first above written. Signed, sealed and delivered in the presence of: Print name: _ . ... ��.s a• Print name. Rlc1FA: STATE OF FLORIDA COUNTY OF LAKE City of Clermont, Florida By: Mayor Gail Ash As approved and authorized by Council Resolution 2011-±[Z-- The foregoing instrument was acknowledged before me on this ja"?_ day of December, 2018, by Gail Ash as Mayor of the City of Clermont, a Florida municipal corporation, for and on behalf of the City, who [t7is personally known to me or who [ ] has produced as identification. �"JkyP4 ,� CARLIE ZINKER Com ices J x GG 12H2021 tary Public Cadle Zinker �A Expires July 27, 2021 '+o,ntl' �«wwnwwpanwns.nicN My commission expires: 2