Ordinance No. 2023-033INSTRUMENT#: 2024022317 OR BK 6290 PG 244 PAGES: 10 2/27/2024 4:27:31 PM
GARY J. COONEY, CLERK OF THE CIRCUIT COURT & COMPTROLLER, LAKE COUNTY, FLORIDA
REC FEES: $86.50
Fr, CITY OF CLERMONT
ORDINANCE NO.2023-033
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CLERMONT, LAKE COUNTY, FLORIDA, CLOSING AND
PERMANENTLY ABANDONING A PORTION OF CARROLL STREET
RIGHT OF WAY AND OF LAKE DRIVE RIGHT OF WAY, JOHNSON'S
REPLAT, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT
BOOK 8, PAGE 17, PUBLIC RECORDS OF LAKE COUNTY, FLORIDA,
AND MORE PARTICULARLY DESCRIBED AS BELOW; PROVIDING
FOR CONFLICT, SEVERABILITY, ADMINISTRATIVE CORRECTION
OF SCRIVENERS ERROR, RECORDING, PUBLICATION AND
EFFECTIVE DATE.
NOW THEREFORE, BE IT RESOLVED AND ENACTED by the City Council of the
City of Clermont, Lake County, Florida that:
SECTION 1: LEGAL DESCRIPTION
A PORTION OF CARROLL STREET RIGHT OF WAY AND OF LAKE DRIVE RIGHT OF
WAY, JOHNSON'S REPLAT, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT
BOOK 8, PAGE 17, PUBLIC RECORDS OF LAKE COUNTY, FLORIDA AND MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
BEGIN AT THE SOUTHEAST CORNER OF LOT 6, BLOCK 120 OF SAID JOHNSONS
REPLAT, SAID POINT ALSO BEING A POINT ON THE INTERSECTION OF THE NORTH
RIGHT OF WAY LINE OF MINNEOLA AVENUE AND THE WEST RIGHT OF WAY LINE
OF LAKE DRIVE, ACCORDING TO SAID PLAT; THENCE NORTH 00125'20" EAST
ALONG SAID WEST RIGHT OF WAY LINE, A DISTANCE OF 330.27 FEET; THENCE
NORTH 19.01' 10" EAST, A DISTANCE OF 31.36 FEET; THENCE NORTH 35°26'37" EAST,
A DISTANCE OF 60.99 FEET THENCE NORTH 43"59'45" EAST, A DISTANCE OF 68.61
FEET TO THE INTERSECTION OF SAID WEST RIGHT OF WAY LINE OF WEST LAKE
DRIVE AND THE NORTHEASTERLY MOST CORNER OF LOT 2, BLOCK 119, SAID
JOHNSON'S REPLAT, SAID POINT ALSO BEING ON THE SOUTHERLY RIGHT OF WAY
LINE OF CARROLL STREET, ACCORDING TO SAID PLAT; THENCE NORTH 89°29' 17"
WEST ALONG SAID SOUTHERLY RIGHT OF WAY LINE A DISTANCE OF 24.24 FEET;
THENCE NORTH 69011' l8" WEST, A DISTANCE OF 129.44 FEET TO THE POINT OF
CURVATURE OF A CURVE CONCAVE NORTHEASTERLY AND HAVING A RADIUS OF
1330.00 FEET; THENCE NORTHWESTERLY, 336.29 FEET ALONG THE ARC OF SAID
CURVE, THROUGH A CENTRAL ANGLE OF 14°29'14", A CHORD BEARING OF NORTH
61°56'41" WEST, AND A CHORD DISTANCE OF 335.39 FEET TO THE NORTHWEST
CORNER OF LOT 6, BLOCK 119; THENCE DEPARTING SAID SOUTHERLY RIGHT OF
WAY LINE, NORTH 24020'54" EAST, A DISTANCE OF 61.17 FEET TO THE NORTHERLY
RIGHT OF WAY LINE OF SAID CARROLL STREET AND THE SOUTHWEST CORNER OF
LOT 13, BLOCK 115, AND A POINT ON A CURVE CONCAVE NORTHEASTERLY AND
INSTRUMENT# 2024022317 OR BOOK 6290/PAGE 245 PAGE 2 of 10
c
CITY OF CLERMONT
ORDINANCE NO.2023-033
HAVING A RADIUS OF 1270.00 FEET; THENCE SOUTHEASTERLY, 332.74 FEET ALONG
THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 15°00'41", A CHORD
BEARING OF SOUTH 61040'57" EAST, AND A CHORD DISTANCE OF 331.79 FEET TO
THE POINT OF TANGENCY OF SAID CURVE; THENCE SOUTH 69° 11' 18" EAST, A
DISTANCE OF 207.49 FEET; THENCE SOUTH 20°10'07" WEST, A DISTANCE OF 49.67
FEET TO A POINT ON A CURVE CONCAVE SOUTHEASTERLY AND HAVING A
RADIUS OF 385.00 FEET; THENCE SOUTHWESTERLY, 147.63 FEET ALONG THE ARC
OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 21.58' 15", A CHORD BEARING OF
SOUTH 41002'59" WEST, AND A CHORD DISTANCE OF 146.73 FEET TO THE EAST
RIGHT OF WAY LINE OF WEST LAKE DRIVE; THENCE SOUTH 00°25'20" WEST,
ALONG SAID RIGHT OF WAY LINE A DISTANCE OF 330.91 FEET TO THE NORTH
RIGHT OF WAY LINE OF MINNEOLA AVENUE AND THE EASTERLY EXTENSION OF
THE SOUTH LINE OF LOT 6, BLOCK 120 OF AFOREMENTIONED PLAT; THENCE
NORTH 89029' 17" WEST ALONG SAID EASTERLY EXTENSION OF THE SOUTH LINE
OF LOT 6, BLOCK 120, A DISTANCE OF 50.00 FEET, TO THE POINT OF BEGINNING
SAID PARCEL CONTAINING 1.281 ACRES, MORE OR LESS.
Hereafter called "Vacated Parcel."
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INSTRUMENT# 2024022317 OR BOOK 6290/PAGE 246 PAGE 3 of 10
C
n F CITY OF CLERMONT
;-- ORDINANCE NO.2023-033
SECTION 2: AUTHORITY
The Vacated Parcel is hereby closed and vacated by the City of Clermont. The closing is done
pursuant to the authority of the Charter of the City of Clermont, Lake County, Florida and the
general laws of the State of Florida.
SECTION 3: UTILITY EASEMENT
As a condition to the closing and vacating of the Vacated Parcel, the applicant and/or the owners
of the real property adjacent to the Vacated Parcel shall grant to the City of Clermont a utility
easement substantially in accordance with the Utility Easement attached hereto and incorporated
herein as Attachment "A". The Utility Easement shall be recorded, at the applicant's expense, in
the Public Records of Lake County contemporaneously with the recording of this Ordinance as
provided below.
SECTION 4: CONFLICT
All ordinances or parts of ordinances in conflict with any of the provisions of this Ordinance are
hereby repealed.
SECTION 5: SEVERABILITY
Should any Section or part of a Section be declared invalid by any court of competent jurisdiction,
such adjudications shall not apply or affect any other provision of this Ordinance, except to the
extent that the entire Section or part of the Section may be separable in meaning and effect from
the Section to which such holding shall apply.
SECTION 6: ADMINISTRATIVE CORRECTION
This Ordinance may be re -numbered or re -lettered and the correction of typographical and/or
scriveners errors which do not affect the intent may be authorized by the City Manager or designee,
without need of public hearing, by filing a corrected or re -codified copy of same with the City
Clerk.
SECTION 7: RECORDING
This Ordinance shall be recorded in the Public Records of Lake County, Florida and at the
Applicant's expense.
SECTION 8: PUBLICATION AND EFFECTIVE DATE
This Ordinance shall be published as provided by law and it shall become law and shall take effect
immediately upon its Second Reading and Final Passage.
INSTRUMENT# 2024022317 OR BOOK 6290/PAGE 247 PAGE 4 of 10
CITY OF CLERMONT
ORDINANCE NO.2023-033
PASSED AND ADOPTED by the City Council of the City of Clermont, Lake County,
Florida on this 12th day of December, 2023.
CITY OF CLERMONT
r .
Tim Murry, Mayo
4AOF
Tracy Ackroyd owe, MMC
City Clerk
Approved as to -form and legality:
Daniel F. Mantzaris, City Attorney
INSTRUMENT# 2024022317 OR BOOK 6290/PAGE 248 PAGE 5 of 10
Attachment A
Prepared by: Daniel F. Mantzaris
Return to: Tracy Howe, City Clerk
685 West Montrose Street Clermont, FL 34711
UTILITY EASEMENT
THIS EASEMENT ("Easement") from WOLFE AND WALLACE PROPERTIES.INC .with
an address of r y and WOLFE & WALLACE
INVESTMENTS. LLC. with an address of 9qS kJ. La .41.Le Ot. I rL 3c17;},
("GRANTOR") to CITY OF CLERMONT, a Florida Municipal Corporation, 685 West
Montrose Street, Clermont, FL 34711 and its successors, lessees, licensees, transferees,
permittees, apportioned, and assigns ("GRANTEE");
THAT GRANTOR, as a condition and for and in consideration of the abandonment and vacating
of that certain right-of-way as set foth in Ordinance No.: 2023-033 adopted by the City Council
of the City of Clemont and other good and valuable consideration, the receipt and sufficiency of
which are hereby acknowledged, does hereby grant unto GRANTEE, the perpetual right,
privilege, and easement to install, operate and maintain in perpetuity, such underground Facilities
and aboveground appurtenances ("Facilities") as may be necessary or desirable for utilities,
including but not limited to water, sewer, stormwater, reuse water, natural gas, electricity, and
cable or fiberoptic service, currently existing within the property described below for all public
uses traditionally made of a PUBLIC UTILITY EASEMENT, including, but not limited to, the
right of ingress and egress to maintain, repair and replace facilities necessary for said purpose;
over, under, above and through the through the following described parcel, piece, or strip ofland,
situate, lying, and being in the County of Lake, State of Florida, hereinafter "Easement Area" to -
wit:
SEE EXHIBIT "A" ATTACHED HERETO
AND BY THIS REFERENCE MADE A PART HEREOF
The rights granted herein are reserved permanently to the GRANTEE and for the benefit
of any utility providers with utilities located within the Easement Area; however, notwithstanding
anything herein provided, the owner(s) of the Easement Area may relocate any such utilities within
the Easement Area at their own expense with prior written approval from the GRANTEE,
consistent with the requirements of the City of Clermont and any other applicable utility providers
and provided the GRANTEE's or other applicable utility providers' use of the Easement Area and
the facilities contained therein shall not be interrupted. Upon such relocation and acceptance of the
relocated utilities by the City and utility providers, including establishment of necessary utility
easements, to the extent no* longer necessary this Utility Easement shall be null and void, and of
no further force and effect, without any further action required. Failure to exercise the rights herein
granted shall not constitute a waiver or abandonment by either party.
GRANTOR shall have the right to use the Easement Area in any manner that is consistent
with the rights granted to GRANTEE herein; provided however, without the prior written consent
of GRANTEE, GRANTOR shall not place, or permit the placement of, any obstructions within
the Easement Area including but not limited to, any building, house, or other above -ground or
underground structure, or portion thereof.
INSTRUMENT# 2024022317 OR BOOK 6290/PAGE 249 PAGE 6 of 10
GRANTOR hereby warrants and covenants (a) that GRANTOR is the owner of the fee
simple title to the premises in which the above described Easement Area is located, (b) that
GRANTOR has full right and lawful authority to grant and convey this easement to GRANTEE,
and (c) that GRANTEE shall have quiet and peaceful possession, use and enjoyment of this
easement. All covenants, terms, provisions and conditions herein contained shall inure and extend
to and be obligatory upon the heirs, successors, lessees and assigns of the respective parties hereto.
GRANTOR covenants not to interfere with GRANTEE's facilities within the Easement
Area in GRANTOR's premises, and GRANTOR further covenants, to indemnify and hold
GRANTEE harmless from any and all damages and injuries, whether to persons or property,
directly resulting from interference with GRANTEE's facilities by GRANTOR or by
GRANTOR' s agents or employees.
IN WITNESS WHEREOF, GRANTOR has hereunto set GRANTOR'S hands and seal the
day and year first above written.
(SIGNATURES CONTINUED ON NEXT PAGE)
INSTRUMENT# 2024022317 OR BOOK 6290/PAGE 250 PAGE 7 of 10
Witnesses:
Signed, sealed and delivered
in our presence:
STATE OF FLORIDA
COUNTY OF &—
WOLFE AND WALLACE
PROPERTIES, INC.
Florida fofor
rPro�f�itJCorporation
Name: 01, ,d LJa ll a r is
WOLFE & WALLACE
INVESTMENTS, LLC
Florida Limited Liability Company
By: .'1&/it%��-
Name: Da ll. „l Hallo < <
Its: Its:
Date: 2/'2 2 Date: 2Zk 21214
/ /
The foregoing instrument was ackn wledged before m6e by means of Rphysical presence or ❑
online notarization, this _ _ day of , 2Q8, by 0aj&d I,g,)d { as
/-f4;,, r tt f I of--Alolfe and Wallace Pronerties, INC. Florida Profit
Corporation, on'tchalf of said company. S/He [q is personally known to me or [ ] has produced
(type of identification) as identification.
Fit�i
Notary Public S e of Florida
Erin S Wysocki
My Commission HH 405765
Expires 6/4/2027 J
Seal
STATE OF FLORIDA
COUNTY OF 1. &
Signature of Notary Public
r
Type or Print Name
My Commission Expires: 6,/Uf
Commission No. II] S' 7!2�5
The foregoing instrument was ac wledged before mg4 by me s of CYphysical presence or ❑
L
online notarization, this _2day of , 202/,, by •,,. ' d' 1. Je�<_ � , as
/I/f ,„ �� o olfe and Wallace rvestments, LLC. Florida Limited,
Liability Comnanv, on behalf of said company. S/He [.44s personally known to me or [ ] has produced
(type of identification) as identification.
.A, Notary Public State of Florida
AOL Erin S Wysocki
i My Commission HH 405765
Expires 6/4/2027
Seal
Signature of Notary Public d
Type or Print Name
My Commission Expires: C��y 9 ,� 2 7
Commission No. ILY
DRAFT -4
INSTRUMENT# 2024022317 OR BOOK 6290/PAGE 251 PAGE 8 of 10
ACCEPTED BY the City of Clermont by action of the City Council at its meeting of December
Tim Murry, Mayor
Tracy Ackroyd Howe, MMC
City Clerk
Pursuant to Section 695.26 (3) (f), this instrument exempt from Chapter 695, F.S.
INSTRUMENT# 2024022317 OR BOOK 6290/PAGE 252 PAGE 9 of 10
EXHIBIT "A"
Utility Easement
A PORTION OF CARROLL STREET RIGHT OF WAY AND OF LAKE DRIVE RIGHT OF
WAY, JOHNSON'S REPLAT, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT
BOOK 8, PAGE 17, PUBLIC RECORDS OF LAKE COUNTY, FLORIDA AND MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
BEGIN AT THE SOUTHEAST CORNER OF LOT 6, BLOCK 120 OF SAID JOHNSON'S
REPLAT, SAID POINT ALSO BEING A POINT ON THE INTERSECTION OF THE NORTH
RIGHT OF WAY LINE OF MINNEOLA AVENUE AND THE WEST RIGHT OF WAY LINE
OF LAKE DRIVE, ACCORDING TO SAID PLAT; THENCE NORTH 00°25'20" EAST
ALONG SAID WEST RIGHT OF WAY LINE, A DISTANCE OF 330.27 FEET; THENCE
NORTH 19001' 10" EAST, A DISTANCE OF 31.36 FEET; THENCE NORTH 35026'37" EAST,
A DISTANCE OF 60.99 FEET THENCE NORTH 43059'45" EAST, A DISTANCE OF 68.61
FEET TO THE INTERSECTION OF SAID WEST RIGHT OF WAY LINE OF WEST LAKE
DRIVE AND THE NORTHEASTERLY MOST CORNER OF LOT 2, BLOCK 119, SAID
JOHNSON'S REPLAT, SAID POINT ALSO BEING ON THE SOUTHERLY RIGHT OF WAY
LINE OF CARROLL STREET, ACCORDING TO SAID PLAT; THENCE NORTH 89°29' 17"
WEST ALONG SAID SOUTHERLY RIGHT OF WAY LINE A DISTANCE OF 24.24 FEET;
THENCE NORTH 69011' 18" WEST, A DISTANCE OF 129.44 FEET TO THE POINT OF
CURVATURE OF A CURVE CONCAVE NORTHEASTERLY AND HAVING A RADIUS OF
1330.00 FEET; THENCE NORTHWESTERLY, 336.29 FEET ALONG THE ARC OF SAID
CURVE, THROUGH A CENTRAL ANGLE OF 14°29' 14", A CHORD BEARING OF NORTH
61-56-41" WEST, AND A CHORD DISTANCE OF 335.39 FEET TO THE NORTHWEST
CORNER OF LOT 6, BLOCK 119; THENCE DEPARTING SAID SOUTHERLY RIGHT OF
WAY LINE, NORTH 24°20'54" EAST, A DISTANCE OF 61.17 FEET TO THE NORTHERLY
RIGHT OF WAY LINE OF SAID CARROLL STREET AND THE SOUTHWEST CORNER OF
LOT 13, BLOCK 115, AND A POINT ON A CURVE CONCAVE NORTHEASTERLY AND
HAVING A RADIUS OF 1270.00 FEET; THENCE SOUTHEASTERLY, 332.74 FEET ALONG
THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 15000'41", A CHORD
BEARING OF SOUTH 61040'57" EAST, AND A CHORD DISTANCE OF 331.79 FEET TO
THE POINT OF TANGENCY OF SAID CURVE; THENCE SOUTH 69° 11' 18" EAST, A
DISTANCE OF 207.49 FEET; THENCE SOUTH 20°10'07" WEST, A DISTANCE OF 49.67
FEET TO A POINT ON A CURVE CONCAVE SOUTHEASTERLY AND HAVING A
RADIUS OF 385.00 FEET; THENCE SOUTHWESTERLY, 147.63 FEET ALONG THE ARC
OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 21.58' 15", A CHORD BEARING OF
SOUTH 41002'59" WEST, AND A CHORD DISTANCE OF 146.73 FEET TO THE EAST
RIGHT OF WAY LINE OF WEST LAKE DRIVE; THENCE SOUTH 00°25'20" WEST,
Exhibit "A" Page 1 of 2
INSTRUMENT# 2024022317 OR BOOK 6290/PAGE 253 PAGE 10 of 10
ALONG SAID RIGHT OF WAY LINE A DISTANCE OF 330.91 FEET TO THE NORTH
RIGHT OF WAY LINE OF MINNEOLA AVENUE AND THE EASTERLY EXTENSION OF
THE SOUTH LINE OF LOT 6, BLOCK 120 OF AFOREMENTIONED PLAT; THENCE
NORTH 89029' 17" WEST ALONG SAID EASTERLY EXTENSION OF THE SOUTH LINE
OF LOT 6, BLOCK 120, A DISTANCE OF 50.00 FEET, TO THE POINT OF BEGINNING
SAID PARCEL CONTAINING 1.281 ACRES, MORE OR LESS.
N•J4Ct1,MM^ rW 24.74'
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Exhibit "A" Page 2 of 2
d`:
CITY OF CLERMONT
C�ER ORDINANCE NO.2023-033
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CLERMONT, LAKE COUNTY, FLORIDA, CLOSING AND
PERMANENTLY ABANDONING A PORTION OF CARROLL STREET
RIGHT OF WAY AND OF LAKE DRIVE RIGHT OF WAY, JOHNSON'S
REPLAT, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT
BOOK 8, PAGE 17, PUBLIC RECORDS OF LAKE COUNTY, FLORIDA,
AND MORE PARTICULARLY DESCRIBED AS BELOW; PROVIDING
FOR CONFLICT, SEVERABILITY, ADMINISTRATIVE CORRECTION
OF SCRIVENERS ERROR, RECORDING, PUBLICATION AND
EFFECTIVE DATE.
NOW THEREFORE, BE IT RESOLVED AND ENACTED by the City Council of the
City of Clermont, Lake County, Florida that:
SECTION 1: LEGAL DESCRIPTION
A PORTION OF CARROLL STREET RIGHT OF WAY AND OF LAKE DRIVE RIGHT OF
WAY, JOHNSON'S REPLAT, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT
BOOK 8, PAGE 17, PUBLIC RECORDS OF LAKE COUNTY, FLORIDA AND MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
BEGIN AT THE SOUTHEAST CORNER OF LOT 6, BLOCK 120 OF SAID JOHNSON'S
REPLAT, SAID POINT ALSO BEING A POINT ON THE INTERSECTION OF THE NORTH
RIGHT OF WAY LINE OF MINNEOLA AVENUE AND THE WEST RIGHT OF WAY LINE
OF LAKE DRIVE, ACCORDING TO SAID PLAT; THENCE NORTH 00°25'20" EAST
ALONG SAID WEST RIGHT OF WAY LINE, A DISTANCE OF 330.27 FEET; THENCE
NORTH 1900I' 10" EAST, A DISTANCE OF 31.36 FEET; THENCE NORTH 35°26'37" EAST,
A DISTANCE OF 60.99 FEET THENCE NORTH 43059'45" EAST, A DISTANCE OF 68.61
FEET TO THE INTERSECTION OF SAID WEST RIGHT OF WAY LINE OF WEST LAKE
DRIVE AND THE NORTHEASTERLY MOST CORNER OF LOT 2, BLOCK 119, SAID
JOHNSON'S REPLAT, SAID POINT ALSO BEING ON THE SOUTHERLY RIGHT OF WAY
LINE OF CARROLL STREET, ACCORDING TO SAID PLAT; THENCE NORTH 89029' 17"
WEST ALONG SAID SOUTHERLY RIGHT OF WAY LINE A DISTANCE OF 24.24 FEET;
THENCE NORTH 69011' 18" WEST, A DISTANCE OF 129.44 FEET TO THE POINT OF
CURVATURE OF A CURVE CONCAVE NORTHEASTERLY AND HAVING A RADIUS OF
1330.00 FEET; THENCE NORTHWESTERLY, 336.29 FEET ALONG THE ARC OF SAID
CURVE, THROUGH A CENTRAL ANGLE OF 14029' 14", A CHORD BEARING OF NORTH
61056'41" WEST, AND A CHORD DISTANCE OF 335.39 FEET TO THE NORTHWEST
CORNER OF LOT 6, BLOCK 119; THENCE DEPARTING SAID SOUTHERLY RIGHT OF
WAY LINE, NORTH 24020'54" EAST, A DISTANCE OF 61.17 FEET TO THE NORTHERLY
RIGHT OF WAY LINE OF SAID CARROLL STREET AND THE SOUTHWEST CORNER OF
LOT 13, BLOCK 115, AND A POINT ON A CURVE CONCAVE NORTHEASTERLY AND
d'
CLERWOM CITY OF CLERMONT
ORDINANCE NO.2023-033
HAVING A RADIUS OF 1270.00 FEET; THENCE SOUTHEASTERLY, 332.74 FEET ALONG
THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 15°00'41", A CHORD
BEARING OF SOUTH 61040'57" EAST, AND A CHORD DISTANCE OF 331.79 FEET TO
THE POINT OF TANGENCY OF SAID CURVE; THENCE SOUTH 69011' 18" EAST, A
DISTANCE OF 207.49 FEET; THENCE SOUTH 20010'07" WEST, A DISTANCE OF 49.67
FEET TO A POINT ON A CURVE CONCAVE SOUTHEASTERLY AND HAVING A
RADIUS OF 385.00 FEET; THENCE SOUTHWESTERLY, 147.63 FEET ALONG THE ARC
OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 21058' 15", A CHORD BEARING OF
SOUTH 41002'59" WEST, AND A CHORD DISTANCE OF 146.73 FEET TO THE EAST
RIGHT OF WAY LINE OF WEST LAKE DRIVE; THENCE SOUTH 00°25'20" WEST,
ALONG SAID RIGHT OF WAY LINE A DISTANCE OF 330.91 FEET TO THE NORTH
RIGHT OF WAY LINE OF MINNEOLA AVENUE AND THE EASTERLY EXTENSION OF
THE SOUTH LINE OF LOT 6, BLOCK 120 OF AFOREMENTIONED PLAT; THENCE
NORTH 89029' 17" WEST ALONG SAID EASTERLY EXTENSION OF THE SOUTH LINE
OF LOT 6, BLOCK 120, A DISTANCE OF 50.00 FEET, TO THE POINT OF BEGINNING
SAID PARCEL CONTAINING 1.281 ACRES, MORE OR LESS.
Hereafter called "Vacated Parcel."
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CLER' CITY OF CLERMONT
,,`R ORDINANCE NO.2023-033
SECTION 2: AUTHORITY
The Vacated Parcel is hereby closed and vacated by the City of Clermont. The closing is done
pursuant to the authority of the Charter of the City of Clermont, Lake County, Florida and the
general laws of the State of Florida.
SECTION 3: UTILITY EASEMENT
As a condition to the closing and vacating of the Vacated Parcel, the applicant and/or the owners
of the real property adjacent to the Vacated Parcel shall grant to the City of Clermont a utility
easement substantially in accordance with the Utility Easement attached hereto and incorporated
herein as Attachment "A". The Utility Easement shall be recorded, at the applicant's expense, in
the Public Records of Lake County contemporaneously with the recording of this Ordinance as
provided below.
SECTION 4: CONFLICT
All ordinances or parts of ordinances in conflict with any of the provisions of this Ordinance are
hereby repealed.
SECTION 5: SEVERABILITY
Should any Section or part of a Section be declared invalid by any court of competent jurisdiction,
such adjudications shall not apply or affect any other provision of this Ordinance, except to the
extent that the entire Section or part of the Section may be separable in meaning and effect from
the Section to which such holding shall apply.
SECTION 6: ADMINISTRATIVE CORRECTION
This Ordinance may be re -numbered or re -lettered and the correction of typographical and/or
scriveners errors which do not affect the intent may be authorized by the City Manager or designee,
without need of public hearing, by filing a corrected or re -codified copy of same with the City
Clerk.
SECTION 7: RECORDING
This Ordinance shall be recorded in the Public Records of Lake County, Florida and at the
Applicant's expense.
SECTION 8: PUBLICATION AND EFFECTIVE DATE
This Ordinance shall be published as provided by law and it shall become law and shall take effect
immediately upon its Second Reading and Final Passage.
S-
CLERMOI -r CITY OF CLERMONT
ORDINANCE NO.2023-033
PASSED AND ADOPTED by the City Council of the City of Clermont, Lake County,
Florida on this 12th day of December, 2023.
CITY OF CLERMONT
Tim Murry, Mayo
J�Q- ..
Tracy Ackroyd Howe, MMC
City Clerk
Approved as,to-form and legality:
Daniel F. Mantzaris, City Attorney
Attachment A
Prepared by: Daniel F. Mantzaris
Return to: Tracy Howe, City Clerk
685 West Montrose Street Clermont, FL 34711
UTILITY EASEMENT
THIS EASEMENT ("Easement") from WOLFE AND WALLACE PROPERTIES,INC .with
an address of `! I and WOLFE & WALLACE
INVESTMENTS, LLC, with an address of 1q5 LJ. L 444ax—of. , C 104'."'4 4. rL�,
("GRANTOR") to CITY OF CLERMONT, a Florida Municipal Corporation, 685 West
Montrose Street, Clermont, FL 34711 and its successors, lessees, licensees, transferees,
permittees, apportioned, and assigns ("GRANTEE");
r"iIy N.A
THAT GRANTOR, as a condition and for and in consideration of the abandonment and vacating
of that certain right-of-way as set foth in Ordinance No.: 2023-033 adopted by the City Council
of the City of Clemont and other good and valuable consideration, the receipt and sufficiency of
which are hereby acknowledged, does hereby grant unto GRANTEE, the perpetual right,
privilege, and easement to install, operate and maintain in perpetuity, such underground Facilities
and aboveground appurtenances ("Facilities") as may be necessary or desirable for utilities,
including but not limited to water, sewer, stormwater, reuse water, natural gas, electricity, and
cable or fiberoptic service, currently existing within the property described below for all public
uses traditionally made of a PUBLIC UTILITY EASEMENT, including, but not limited to, the
right of ingress and egress to maintain, repair and replace facilities necessary for said purpose;
over, under, above and through the through the following described parcel, piece, or strip ofland,
situate, lying, and being in the County of Lake, State of Florida, hereinafter "Easement Area" to -
wit:
SEE EXHIBIT "A" ATTACHED HERETO
AND BY THIS REFERENCE MADE A PART HEREOF
The rights granted herein are reserved permanently to the GRANTEE and for the benefit
of any utility providers with utilities located within the Easement Area; however, notwithstanding
anything herein provided, the owner(s) of the Easement Area may relocate any such utilities within
the Easement Area at their own expense with prior written approval from the GRANTEE,
consistent with the requirements of the City of Clermont and any other applicable utility providers
and provided the GRANTEE's or other applicable utility providers' use of the Easement Area and
the facilities contained therein shall not be interrupted. Upon such relocation and acceptance of the
relocated utilities by the City and utility providers, including establishment of necessary utility
easements, to the extent no- longer necessary this Utility Easement shall be null and void, and of
no further force and effect, without any further action required. Failure to exercise the rights herein
granted shall not constitute a waiver or abandonment by either party.
GRANTOR shall have the right to use the Easement Area in any manner that is consistent
with the rights granted to GRANTEE herein; provided however, without the prior written consent
of GRANTEE, GRANTOR shall not place, or permit the placement of, any obstructions within
the Easement Area including but not limited to, any building, house, or other above -ground or
underground structure, or portion thereof.
GRANTOR hereby warrants and covenants (a) that GRANTOR is the owner of the fee
simple title to the premises in which the above described Easement Area is located, (b) that
GRANTOR has full right and lawful authority to grant and convey this easement to GRANTEE,
and (c) that GRANTEE shall have quiet and peaceful possession, use and enjoyment of this
easement. All covenants, terms, provisions and conditions herein contained shall inure and extend
to and be obligatory upon the heirs, successors, lessees and assigns of the respective parties hereto.
GRANTOR covenants not to interfere with GRANTEE's facilities within the Easement
Area in GRANTOR's premises, and GRANTOR further covenants, to indemnify and hold
GRANTEE harmless from any and all damages and injuries, whether to persons or property,
directly resulting from interference with GRANTEE's facilities by GRANTOR or by
GRANTOR' s agents or employees.
IN WITNESS WHEREOF, GRANTOR has hereunto set GRANTOR'S hands and seal the
day and year first above written.
{SIGNATURES CONTINUED ON NEXT PAGE)
Witnesses: WOLFE AND WALLACE WOLFE & WALLACE
PROPERTIES, INC. INVESTMENTS, LLC
Signed, sealed and delivered Florida fo Profit Corporation Florida Limited Liability Company
in our presence: �� i�Lzf j�G��i�—
By: By:
Name: l�-
+v�v}
STATE OF FLORIDA
COUNTY OF
Name: lLc"4 L)a I la r e Name: _0a a, d
Its: NL-A.9 e / Its: AtAa j .i
Date: 2 /,r' q Date: 2,/
t
The foregoing instrument was ackn wledged before me by means of aphysical presence or ❑
online notarization, this 4 2 day of ,111 . , 202/3y a✓../ as
AAA&_tt It � of - olfe and Wallace Properties. INC. Florida Profit
Corporation, on4ehalf of said company. S/He [L]is personally known to me or [ ] has produced
(type of identification) as identification.
Notary Public State of Florida
Ak Erin S Wysocki
f My Commission HH 405765
Expires 6/4/2027
Seal
STATE OF FLORIDA
COUNTY OF
Signature of Notary Public
l ] q
Type or Print Name - J /
My Commission Expires: 614112,)27
Commission No. IJIJ yes 7c.'
The foregoing instrument was ac wledged before in by me s of C"physical presence or ❑
online notarization, this 2'? day of , 202/,%y , a( 1. J'da c t , as
�r o olfe and Wallace vestments. LLC. Florida Limited
Liabilitv Comoanv. on behalf of said company. S/He [44s personally known to me or [ ] has produced
(type of identification) as identification.
Notary Public State of Florida -
AL Erin S Wysocki
My Commission HH 405765
Expires 6/4/2027
Seal
Signature of Notary Public
Type or Print Name
My Commission Expires: C A h m 1)7
Commission No. I -I f L 5-
DRAFT -4
ACCEPTED BY the City of Clermont by action of the City Council at its meeting of December
---------------
Tim Murry, Mayor
Tracy Ackroyd Howe, MMC
City Clerk
Pursuant to Section 695.26 (3) (f), this instrument exempt from Chapter 695, F.S.
EXHIBIT "A"
Utility Easement
A PORTION OF CARROLL STREET RIGHT OF WAY AND OF LAKE DRIVE RIGHT OF
WAY, JOHNSON'S REPLAT, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT
BOOK 8, PAGE 17, PUBLIC RECORDS OF LAKE COUNTY, FLORIDA AND MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
BEGIN AT THE SOUTHEAST CORNER OF LOT 6, BLOCK 120 OF SAID JOHNSON'S
REPLAT, SAID POINT ALSO BEING A POINT ON THE INTERSECTION OF THE NORTH
RIGHT OF WAY LINE OF MINNEOLA AVENUE AND THE WEST RIGHT OF WAY LINE
OF LAKE DRIVE, ACCORDING TO SAID PLAT; THENCE NORTH 00°25'20" EAST
ALONG SAID WEST RIGHT OF WAY LINE, A DISTANCE OF 330.27 FEET; THENCE
NORTH 1900I' 10" EAST, A DISTANCE OF 31.36 FEET; THENCE NORTH 35°26'37" EAST,
A DISTANCE OF 60.99 FEET THENCE NORTH 43059'45" EAST, A DISTANCE OF 68.61
FEET TO THE INTERSECTION OF SAID WEST RIGHT OF WAY LINE OF WEST LAKE
DRIVE AND THE NORTHEASTERLY MOST CORNER OF LOT 2, BLOCK 119, SAID
JOHNSON'S REPLAT, SAID POINT ALSO BEING ON THE SOUTHERLY RIGHT OF WAY
LINE OF CARROLL STREET, ACCORDING TO SAID PLAT; THENCE NORTH 89°29' 17"
WEST ALONG SAID SOUTHERLY RIGHT OF WAY LINE A DISTANCE OF 24.24 FEET;
THENCE NORTH 69011' 18" WEST, A DISTANCE OF 129.44 FEET TO THE POINT OF
CURVATURE OF A CURVE CONCAVE NORTHEASTERLY AND HAVING A RADIUS OF
1330.00 FEET; THENCE NORTHWESTERLY, 336.29 FEET ALONG THE ARC OF SAID
CURVE, THROUGH A CENTRAL ANGLE OF 14029' 14", A CHORD BEARING OF NORTH
61056'41" WEST, AND A CHORD DISTANCE OF 335.39 FEET TO THE NORTHWEST
CORNER OF LOT 6, BLOCK 119; THENCE DEPARTING SAID SOUTHERLY RIGHT OF
WAY LINE, NORTH 24020'54" EAST, A DISTANCE OF 61.17 FEET TO THE NORTHERLY
RIGHT OF WAY LINE OF SAID CARROLL STREET AND THE SOUTHWEST CORNER OF
LOT 13, BLOCK 115, AND A POINT ON A CURVE CONCAVE NORTHEASTERLY AND
HAVING A RADIUS OF 1270.00 FEET; THENCE SOUTHEASTERLY, 332.74 FEET ALONG
THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 15°00'41", A CHORD
BEARING OF SOUTH 61040'57" EAST, AND A CHORD DISTANCE OF 331.79 FEET TO
THE POINT OF TANGENCY OF SAID CURVE; THENCE SOUTH 69011' 18" EAST, A
DISTANCE OF 207.49 FEET; THENCE SOUTH 20010'07" WEST, A DISTANCE OF 49.67
FEET TO A POINT ON A CURVE CONCAVE SOUTHEASTERLY AND HAVING A
RADIUS OF 385.00 FEET; THENCE SOUTHWESTERLY, 147.63 FEET ALONG THE ARC
OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 21058' 15", A CHORD BEARING OF
SOUTH 41002'59" WEST, AND A CHORD DISTANCE OF 146.73 FEET TO THE EAST
RIGHT OF WAY LINE OF WEST LAKE DRIVE; THENCE SOUTH 00025'20" WEST,
Exhibit "A" Page 1 of 2
ALONG SAID RIGHT OF WAY LINE A DISTANCE OF 330.91 FEET TO THE NORTH
RIGHT OF WAY LINE OF MINNEOLA AVENUE AND THE EASTERLY EXTENSION OF
THE SOUTH LINE OF LOT 6, BLOCK 120 OF AFOREMENTIONED PLAT; THENCE
NORTH 89029' 17" WEST ALONG SAID EASTERLY EXTENSION OF THE SOUTH LINE
OF LOT 6, BLOCK 120, A DISTANCE OF 50.00 FEET, TO THE POINT OF BEGINNING
SAID PARCEL CONTAINING 1.281 ACRES, MORE OR LESS.
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Exhibit "A" Page 2 of 2