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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. 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