Resolution No. 2020-32RCIF"ANT CITY OF CLERMONT
-�� RESOLUTION NO.2020-32R
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CLERMONT APPROVING AN AGREEMENT WITH LAKE COUNTY,
FLORIDA FOR THE TRANSFER OF RIGHT-OF-WAY ADJACENT
TO STATE ROUTE 50; AND, AUTHORIZING THE MAYOR TO
EXECUTE THE AGREEMENT; AND, PROVIDING FOR AN
EFFECTIVE DATE.
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of
Clermont, Florida, as follows:
SECTION 1.
The City Council of the City of Clermont does hereby approve that certain agreement with Lake
County, Florida for the transfer jurisdiction of a portion of public right of way as detailed in the
interlocal agreement hereto as Exhibit A.
SECTION 2.
The Mayor and/or City Manager are specifically authorized to withhold the formal written
agreement upon his or her determination of any matter or factor, hereafter coming to their
attention which may indicate such action is not in the City's best interest, provided that upon
such withholding, the City Manager, with reasonable dispatch, shall present the issue to the City
Council, in session, for review and direction.
SECTION 3.
This Resolution shall take effect immediately upon its adoption.
jh.
CITY OF CLERMONT
.onP..' - RESOLUTION NO.2020-32R
PASSED AND ADOPTED by the City Council of the City of Clermont, Florida on the
23ra day of June, 2020.
CITY OF CLERMONT
Daniel F. Mantzaris, City Attorney
INTERLOCAL AGREEMENT BETWEEN
LAKE COUNTY, FLORIDA
AND
THE CITY OF CLERMONT, FLORIDA
TO TRANSFER JURISDICTION OF
A PORTION OF PLATTED RIGHT OF WAY AS SHOWN ON THE
PLAT OF LAKE HIGHLANDS COMPANY, RECORDED IN PLAT BOOK 2, PAGE 28
AND PLAT BOOK 3, PAGE 24
(RIGHT-OF-WAY LYING ADJACENT TO LOTS 9, 10, 23 AND 24)
THIS INTERLOCAL AGREEMENT by and between LAKE COUNTY, a political
subdivision of the State of Florida, hereinafter referred to as "COUNTY", and the CITY
OF CLERMONT, a municipal corporation pursuant to the laws of the State of Florida,
hereinafter referred to as "CITY", to transfer jurisdiction of a portion of public right of way.
WHEREAS, there exists a public right of way, lying south of Tracts 9 and 10, north
of Tracts 23 and 24, in Section 28, Township 22 South, Range 26 East, in the plat of Lake
Highlands Company, recorded in Plat Book 2, Page 28 and Plat Book 3, Page 24, Lake
County Public Records, more particularly described in Exhibit "A" and shown on Exhibit
"B", attached hereto and incorporated herein (hereinafter referred to as the "Right -of -
Way"); and
WHEREAS, the adjoining property to the north, south and west lie within the CITY
limits; and
WHEREAS, the property owner who adjoins the Right -of -Way on the south has
requested this platted Right -of -Way be transferred to CITY since the property is being
developed in the CITY and CITY desires to accept the transfer; and
1
S:`.Right of VVa;.;Trans r Roads & R`!° lar;;icnt-lmera,a!-Plat cf Lgke l-lighlacds Comyany-Mdvan -Heal 42.coc;c
WHEREAS, COUNTY agrees to transfer jurisdiction of said Right -of -Way to the
CITY in accordance with Section 335.0415, Florida Statutes; and
WHEREAS, COUNTY and CITY find this transfer and the entering of this
Agreement is in the best interests of both parties and their citizens.
NOW THEREFORE, IN CONSIDERATION of the mutual promises, conditions and
covenants provided for herein, the parties agree as follows:
Section 1. Recitals. The above recitals are true and correct and incorporated
herein.
Section 2. County obligations. COUNTY agrees to transfer to CITY, all
jurisdiction, rights, interests and maintenance of the portion of platted Right -of -Way, as
described in Exhibit "A", attached hereto, dedicated by said Lake Highlands Company in
Plat Book 2, Page 28 and Plat Book 3, Page 24 (hereinafter "Might -of -Way"), effective on
the date the last party hereto executes this Agreement ("effective date").
Section 3. City obligations. Upon the effective date of this Agreement, CITY
agrees to accept jurisdiction of said Right -of -Way as described in Exhibit "A", attached
hereto, including any ownership, interests and maintenance responsibilities.
Section 4. Modification. No modification or amendment to this Agreement
shall be effective unless contained in a written document executed by the parties hereto,
with the same formality and of equal dignity herewith.
Section 5. Entire Agreement. This document incorporates and includes all
prior negotiations, correspondence, conversations, agreements, or understandings
applicable to the matters contained herein and the parties agree that there are no
commitments, agreements, or understandings concerning the subject matter of this
2
S.`,Righi oftAay7i ransfar Roads & Rt,'i,Clarrnont-Interlcca; •P;at of Lake Highlands Ccmpary :4d,ent Hsai,ii2.c'ccx
Interlocal Agreement between Lake County and City of Clermont (relating to the transfer of jurisdiction for a portion of
Lake Highlands Company platted right of way lying adjacent to Tracts 9, 10, 23 and 24).
Agreement that are not contained in this document. Accordingly, it is agreed that no
deviation from the terms hereof shall be predicated upon any prior representations or
agreements whether oral or written. If any provision of this Agreement is found by a court
of competent jurisdiction to be invalid, it shall be considered deleted here from, and shall
not invalidate the remaining provisions.
IN WITNESS WHEREOF, the parties hereto have made and executed this
Agreement on the respective dates under each signature: Lake County through its Board
of County Commissioners, signing by and through its Chairman, and City of Clermont,
through its City Council, signing by and through its Mayor.
ATTEST:
Gary J. Cooney, Clerk of the
Board of County Commissioners
Of Lake County, Florida
Approved as to Form and Legality
Melanie Marsh
County Attorney
COUNTY
BOARD OF COUNTY COMMISSIONERS
LAKE COUNTY, FLORIDA
Leslie Campione, Chairman
This day of
2020
3
S 1Right of Way;Transfer Roads & RV-1!Cfermont - Platted RAN Lake Highlands - advent HealthkAdvent Heafth Clermont-Interiocal-
Plat of Lake Highlands Company -Advent Heaith2.docx
Interlocal Agreement between Lake County and City of Clermont (relating to the transfer of jurisdiction for a portion of
Lake Highlands Company platted right of way lying adjacent to Tracts 9, 10, 23 and 24).
ATTEST:
Tracy Ackrod Howe, City Clerk
form and legality
City Attorney
CITY
CITY OF CLERMONT, FLORIDA
i
Gai L. Ash, Mayor
This c� 3 day of T-T—)-P—, , 2020
4
S:�Right of Way;Transrer Roads & R `AClerrnont-interlocal-Fla, of Lake Highlands Company -Advent Heathldocx
EXHIBIT "A"
PAGE 1 OF 2
(Right -of -Way Description)
THAT UNNAMED RIGHT OF WAY LYING SOUTHERLY OF TRACTS 9 AND 10, AND NORTHERLY OF TRACTS 23
AND 24, AS SHOWN ON THE PLAT OF LAKE HIGHLANDS COMPANY, RECORDED IN PLAT BOOK 2, PAGE 28,
AND PLAT BOOK 3, PAGE 24, PUBLIC RECORDS OF LAKE COUNTY, FLORIDA, LYING IN SECTION 28,
TOWNSHIP 22 SOUTH, RANGE 26 EAST, BOUNDED AS FOLLOWS:
Bounded on the North by the South line of said Tracts 9 and 10; and
Bounded on the South by the North line of said Tracts 23 and 24; and
Bounded on the East by the West line of Tract 11 of said plats and the Southerly extension
thereof, and
Bounded on the West by the Easterly right of way line of Citrus Tower Blvd. as recorded
in Official Records Book 2544 Page 2352, Public Records of Lake County, Florida, and the
Northerly extension thereof to the North line of said unnamed right of way.
S:\PW Anroiew\ArcView projects\Becky\Transfers of RW details - also see S_Right of Way_Transfer Roads & RW\Clermont
- Platted RW Lake Highlands - Advent Health\City of Clermont - Platted RW legal Advent Health draft.docx
U-
e G . _ ..
4•I 4
f
z c
J � �
J
LU
97 z
�0c
G
ix
n. w
J
U)V =
10
Zp J
a� _
=w H
w x CO)
go z
Fz
°3
� a
U.o
912 w
~� Q s
N �
O
N
oU
30 U z V
�a $ r
_ fvii z v
a: o U =
W wVe z
W m W
a
o W� vCz 3
e0 v mm
N mICLO
W ip SC C o
L cmm e,pfl �� n
�^ m
m
W m W
w w a o o� 3g Ei�S
f c c Aram
m W C
v t t v v 2 N aax m
dt
4
Sa
f9 ai
z m
q+� lu LJ o
z N CV
0
N
a �
S i+7
w CV
s' z
a co
m
N