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Resolution No. 2023-024R6 CITY OF CLERMONT CIk RESOLUTION N0. 2023-024R A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CLERMONT, LAKE COUNTY, FLORIDA, APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE RELEASE OF UTILITY EASEMENT TO THAT CERTAIN UTILITY EASEMENT RECORDED ON PLAT OF LAKE HIGHLANDS COMPANY, PLAT BOOK 2 PAGE 5, AND IN CITY OF CLERMONT ORDINANCE 503-M RECORDED IN OFFICIAL RECORDS BOOK 2821, PAGE 295, PUBLIC RECORDS OF LAKE COUNTY, FLORIDA; AUTHORIZING THE CITY MANAGER TO EXECUTE ANY AND ALL DOCUMENTS NECESSARY TO COMPLETE THE RELEASE OF THE SUBJECT EASEMENT; PROVIDING FOR CONFLICT, SEVERABILITY, ADMINISTRATIVE CORRECTION OF SCRIVENERS ERROR, PUBLICATION AND AN EFFECTIVE DATE. WHEREAS, by Ordinance 503-M dated February 22, 2005, the City was granted a certain utility easement recorded in Official Records Book 2821, Page 295, Public Records of Lake County, Florida; WHEREAS, the City Council has determined that the subject easement is not needed for any public purpose and of no value to the City; and WHEREAS, it is in the best interest of the City of Clermont to release the subject easement back to the property owner and/or its assigns and successors, and 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 subject easement more particularly described in Exhibit "A" attached hereto and incorporated herein is not needed by the City and does not serve a public purpose. SECTION 2. The City Council does hereby approve and authorizes the City Manager to execute the Release of Utility Easement. SECTION 3. The City Manager is further authorized to execute any additional documents as may be necessary to complete the aforementioned transaction. SECTION 4: CONFLICT All resolutions or parts of resolutions in conflict with any of the provisions of this Resolution are hereby repealed. CLER CITY OF CLERMONT �dC — RESOLUTION NO.2023-024R SECTION 5: SEVERABILITY If any portion of this Resolution is declared invalid, the invalidated portion shall be severed from the remainder of the Resolution, and the remainder of the Resolution shall continue in full force and effect as if enacted without the invalidated portion, except in cases where such continued validity of the remainder would clearly and without doubt contradict or frustrate the intent of the Resolution as a whole. SECTION 6: ADMINISTRATIVE CORRECTION This Resolution may be re -numbered or re -lettered, and/or corrected for typographical and/or scrivener's errors which do not affect the intent of said resolution, as authorized by the City Manager or designee, without need of public hearing, by filing a corrected copy of same with the City Clerk. SECTION 7: PUBLICATION AND EFFECTIVE DATE This Resolution shall take effect immediately upon its adoption. 6 C�LR' CITY OF CLERMONT �dC RESOLUTION NO.2023-024R DONE AND RESOLVED by the City Council of the City of Clermont, Lake County, Florida, this 25th day of July 2023. ATTEST: Tracy Ackroyd Howe, MMC City Clerk Approved as to form and legality: Daan'lz—�a'ns, City Attorney CITY OF CLERMONT i. • d= CLERWONT CITY OF CLERMONT �1-1, ' RESOLUTION NO.2023-024R Exhibit A — Legal Description: THE WESTERN 15 FEET OF THE 30 FOOT WIDE PLATTED ROADWAY PER PLAT OF LAKE HIGHLANDS COMPANY, SECTIONS 29 AND 30, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 2, PAGE 25, PUBLIC RECORDS OF LAKE COUNTY, FLORIDA, BOUNDED ON THE SOUTH BY INTERSECTION OF SAID ROADWAY AND U.S. HIGHWAY 27, AND EXTENDING NORTH TO A POINT 430.9 FEET SOUTH OF THE NORTH LINE OF THE SOUTHEAST '/4 OF SECTIONS 29 AND 30, ACCORDING TO SAID PLAT OF LAKE HIGHLANDS COMPANY. I arn� � s� :� z: �rem:�•a-� 049.22- 29-1 ETir�:L s w,m&a sar.�saa-sts \ A LLF COMPANY > _ _ ice• O r q m � A - > :1• E7 Z �g INSTRUMENT#: 2023093259 OR BK 6187 PG 162 PAGES: 5 8/2/2023 11:40:14 AM GARY J. COONEY, CLERK OF THE CIRCUIT COURT & COMPTROLLER, LAKE COUNTY, FLORIDA REC FEES: $44.00 PREPARED BY AND RETURN TO: Bret Jones, Esq. Bret Jones, P.A. 700 Almond Street Clermont, FL 34711 Space above this Line for Recording Data RELEASE OF UTILITY EASEMENT THIS RELEASE OF UTILITY EASEMENT ("Release") is made this s� ' day of \� , 2023, by THE CITY OF CLERMONT, a Florida municipal corporation ("Grantee'') and is to that certain utility easement granted to Grantee by the plat recorded in Plat Book 2, Page 5, and in that certain City of Clermont Ordinance No. 503-M, recorded in Official Records Book 2821, Page 295, Public Records of Lake County, Florida (the "Ordinance"). WITNESSETH: WHEREAS, Grantee is benefited by a 15-foot utility easement which Grantee retained in the Ordinance that vacated a 30-foot right-of-way reflected and depicted on that certain Plat of Lake Highlands Company, Sections 29 and 30, recorded in the Public Records of Lake County, Florida at Plat Book 2, Page 25 and related to and upon the property described as: The Western 15 feet of the 30 foot wide platted roadway per Plat of Lake Highlands Company, Sections 29 and 30, according to the Plat thereof recorded in Plat Book 2, Page 25, Public Records of Lake County, Florida, bounded on the South by intersection of said roadway and U.S. Highway 27, and extending North to a point 430.9 feet South of the North line of the Southeast 1/4 of Sections 29 and 30, according to the said Plat of Lake Highlands Company. WHEREAS, Grantee now desires to release all of its right, title, and interest in and to the that certain utility easement as more particularly described on Exhibit "A" attached hereto (the "Easement") and to further terminate and release the Easement; NOW, THEREFORE, for and in consideration of the premises hereof and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged by Grantee, Grantee acknowledges and agrees as follows: 1. The foregoing recitals are true and correct and are incorporated herein by this reference. 2. Grantee hereby releases, terminates, vacates, and forever abandons all of its right, title, and interest in and to the Easement more particularly and specifically described in Exhibit "A" and hereby acknowledges and agrees that the Easement is hereby terminated, null and void and of no further force or effect. [SIGNATURES TO APPEAR ON THE FOLLOWING PAGE] INSTRUMENT# 2023093259 OR BOOK 6187/PAGE 163 PAGE 2 of 5 [SIGNATURE PAGE TO RELEASE OF UTILITY EASEMENT] IN WITNF,SS WHEREOF, the undersigned has executed this Release as of the day and year first written above. WITNESS , . __.. GRANTEE: THE CITY OF CLERMONT, FLORIDA, Print Name: S i -r .nAW0P,4f"- a municipal corporation �i — By. � Brian Bulthuts' City Manager As approved and authorized by i 1 e, t" m v nt (' i+)t EUdz v % 6 , dated STATE OF FLORIDA COUNTY OF LAKE The foregoing instrument was acknowledged before me by means of ❑ physical presence or ❑ online notarization, this--filay of Tu l'4,— , 2023 by Brian Bulthuis, as City Manager of the City of Clermont, a Florida MunicipaP Corporation, on behalf of the city. lie is personally known to me or has produced as identification. [Notary Seal] My Commission Expires: O 3 2 Beckl O. Young Notary Public State of Florida Comm# HH019775 Expires 10/31/2024 '1�eck' '0 � No Public Name typed, printed or stamped INSTRUMENT# 2023093259 OR BOOK 6187/PAGE 164 PAGE 3 of 5 9/21/22, 3:40 PM 20180'107 Boundarylopo Surveypdf.png 3:381 ,e LT IN 1, 20180707 B...0 Survey.pdf * ••• I ,F � � 2haaP Sol, 52 "(M) ��` w 0.3, q o `--� _ _ EAs�r£RL Y R/W r ) ORO J872, PG. �ASPNAL 9'E aoA\ O \ \ r ROAD , j� 5h3 FOUND 5/8" 1RC MOT L R/ 2648 DRAn y\�F ss�; r N p QUO FAO p�OPQ�P��� G� hh� tK P PT a PA CEL i 1 1/2" PVc STUR OUT N; + -FOUND 516" LRC FOOT DRMP N, LR�' M4R nw+.vr:,.,axe,.::c:xzanrswuaansr..aan><a,:.srsur: 30' PLA TIED R/W P. B. 2, PG. 5 P.B. 3 PG. 24 VACATED PER y� ORB, 2821, PG. 295 15' CITY OF CLERMONT RE 1NLA - a" • u . -- — U77L/TY EASEMENT ORB. 2821, PG 295 � rp N3fiiifKgtq �c35:ThiH,?:54.:RY... Gpo CIO 0. B. 1 RCEL No. I ?LIC UTILIrY PA L No. 21� WEN r Page J. I) u J fillps:/lmail.googlo.conUmnillulol?zx=5f7xpxmfllgitlinbox?projector=l 1/1 INSTRUMENT# 2023093259 OR BOOK 6187/PAGE 165 PAGE 4 of 5 (l,lr fern ��j 7 1 OL CITY OF CLERMONT ORDINANCE No. 503-M I Ililll IIIII IIIII I IIII IIIII (IIII IIIII IIIII IIIII III II IIII Illl CFN 2005062943 Bk (12821 his 0295 •• 2$6; Qp!is) DATE: OV29r12005 11:16:45 All JAtIES C. WATKIHS, CLFFiK. OF COURT LAKE COUNTY RECORDING FEEL' 18.50 AN ORDINANCE OF THE CODE OF ORDINANCES OF THE CITY OF CLERMONT, LAKE COUNTY, FLORIDA, CLOSING AND PERMANENTLY ABANDONING THAT PORTION OF THE THIRTY (30) FOOT WIDE, PLATTED ROADWAY PER PLAT OF LAKE HIGHLANDS COMPANY, SECTIONS 29 AND 30, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 2, PAGE 25, PUBLIC RECORDS OF LAKE COUNTY, FLORIDA, BOUNDED ON THE SOUTH BY INTERSECTION OF SAID ROADWAY AND U.S. HIGHWAY 27, AND EXTENDING NORTH TO A POINT 430.9 FEET SOUTH OF THE NORTH LINE OF THE SOUTHEAST '/ OF SECTIONS 29 AND 30, ACCORDING TO THE SAID PLAT OF LAKE HIGHLANDS COMPANY; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH, PROVIDING FOR SEVERABILITY, PROVIDING FOR PUBLICATION AND PROVIDING FOR AN EFFECTIVE DATE. The City Council of the City of Clermont, Lake County, Florida hereby ordains that: SECTION 1: That any and all of that portion of the thirty (30) foot wide platted roadway per Plat of Lake Highlands Company, Sections 29 and 30, according to the Plat thereof recorded in Plat Book 2, Page 25, Public Records of Lake County, Florida, bounded on the South by intersection of said roadway and U.S. Highway 27, and extending North to a point 430.9 feet South of the North line of the Southeast '/4 of Sections 29 and 30, according to the said Plat of Lake Highlands Company as hereinafter described is hereby closed and permanently abandoned with the stipulation that the western 15 feet of the 30 foot right of way be retained as a Utility Easement for the City: SECTION 2: This 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: A certified copy of this Ordinance shall be recorded in the public records of Lake County and thereby act as a reservation by the City of Clermont of the public utility easement rights set forth in Section 1: Book2821/Page295 CFN#2005062943 Page 1 of 2 INSTRUMENT# 2023093259 OR BOOK 6187/PAGE 166 PAGE 5 of 5 CITY OF CLERMONT ORDINANCE No. 503-M Page — 2 — SECTION 4: All ordinances or parts of this ordinance in conflict herewith are hereby repealed. SECTION 5: Should any section or part of this section be declared invalid by any court of competent jurisdiction, such adjudications shall not apply to or affect any other provision of this Ordinance, except to the extent that the entire section or part of the section may be inseparable in meaning and effect from the section to which such holding shall apply. The provisions of this ordinance shall be effective as provided by law. Introduced on First Reading this 8 h day of February 2005, by the City Council of the City of Clermont, Florida. Passed and Ordained on Final Reading this 22nd day of February 2005, by the City Council of the City of Clermont, Florida. LD S. TURVILLE, JR. Mayor EST TRACY ACKROYD, C' Clerk Book2821/Page296 CFN#2005062943 Page 2 of 2 PREPARED BY AND RETURN TO: Bret Jones, Esq. Bret Jones, P.A. 700 Almond Street Clermont, FL 34711 Space above this Line for Recording Data RELEASE OF UTILITY EASEMENT THIS RELEASE OF UTILITY EASEMENT ("Release") is made this day of J 2023, by TIIE CITY OF CLERMONT, a Florida municipal corporation ("Grantee"3 and is to that certain utility easement granted to Grantee by the plat recorded in Plat Book 2, Page 5, and in that certain City of Clermont Ordinance No. 503-M, recorded in Official Records Book 2821, Page 295, Public Records of Lake County, Florida (the "Ordinance"). WITNESSETH: WHEREAS, Grantee is benefited by a 15-foot utility easement which Grantee retained in the Ordinance that vacated a 30-foot right-of-way reflected and depicted on that certain Plat of Lake Highlands Company, Sections 29 and 30, recorded in the Public Records of Lake County, Florida at Plat Book 2, Page 25 and related to and upon the property described as: The Western 15 feet of the 30 foot wide platted roadway per Plat of Lake Highlands Company, Sections 29 and 30, according to the Plat thereof recorded in Plat Book 2, Page 25, Public Records of Lake County, Florida, bounded on the South by intersection of said roadway and U.S. Highway 27, and extending North to a point 430.9 feet South of the North line of the Southeast 1/4 of Sections 29 and 30, according to the said Plat of Lake Highlands Company. WHEREAS, Grantee now desires to release all of its right, title, and interest in and to the that certain utility easement as more particularly described on Exhibit "A" attached hereto (the "Easement") and to further terminate and release the Easement; NOW, THEREFORE, for and in consideration of the premises hereof and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged by Grantee, Grantee acknowledges and agrees as follows: The foregoing recitals are true and correct and are incorporated herein by this reference. 2. Grantee hereby releases, terminates, vacates, and forever abandons all of its right, title, and interest in and to the Easement more particularly and specifically described in Exhibit "A" and hereby acknowledges and agrees that the Easement is hereby terminated, null and void and of no further force or effect. [SIGNATURES TO APPEAR ON THE FOLLOWING PAGE] [SIGNATURE PAGE TO RELEASE OF UTILITY EASEMENT] IN WITNF,SS WHEREOF, the undersigned has executed this Release as of the day and year first written above. W m 1) Print Name: 1-'c-7 r b V � Vi06pe-- t N U) I VIA 6 PA, STATE OF FLORIDA COUNTY OF LAKE GRANTEE: THE CITY OF CLERMONT, FLORIDA, a municipal corporation By: \�� _``] ' Brian Bulthuis, City 1 Tanager As approved andauthorized by C I e Y m oin+ C i fq CC' On C i( , dated --11-12SI The foregoing instrument was acknowledged before me by means of ❑ physical presence or ❑ online notarization, this ay of �u , 2023 by Brian Bulthuis, as City Manager of the City of Clermont, a Florida Mumcipalkorporation, on behalf of the city. He is personally known to me or has produced as identification. [Notary Seal] My Commission Expires: 3 .2 Beckl O. Young Notary Public State of Florida Comm# HH019775 Expires 10/31/2024 Awk& 0- &" Notary -public _LL n Yqu n Ij Name typed, printed or stamped y 2 9/21/22, 3:40 PM 20180707 BoundaryTopo Survey.pdt.png 3:38 9 .i LTE( I, 20180707 B...o Survey.pdf * ••• �M)(D) h : 26411 l B s o./1 „ 52 (M) w o.J, g () g EA S�TERL Y R/W I ORB. 3872, PC. "9.. ' 1(0) QvP IASPfIAL D&AP/DATtO I0,(M) T ROAD gh FOUND 518" IRC mor �f �P P LB/ 2648 NT 4��� �1�Y�Q IV 6G Q g0? PT PA CEL 1 \ 1 1/2" PVC S7UB OUT N� �. FOUND 5/8" • FDOT AV LB/' 2648 ` 30' PLATTED R/W P.B. 2, PC. 5 6 P. B. 3, PG 24 g, ti3 VACATED PER 2� ORB. 2821, PG 295 15' CITY OF CLERMONT RE in U7/LITY EASEMENT a' • ORB. 2821, PG 295 -� �� •va B. 00 0. ` RCEL No. 1 / L 013 1311 b pR ?LlC UT/CITY 2g1.l Page 1 Q 0 0 https://mail.google.com/mail/u/0/?zx=5(7xpxmfligi#inbox?projector=l 1/1 TQo�C��1 1pt Rpo' ck, -70 CITY OF CLERMONT ORDINANCE No. 503-M CFN 20050629Q Ok 02021 Pus 02" - 296; Clans? DATE: 04/29r12005 11:16:45 All .JAMES C. WATKINS, CLERK OF COURT LAKE COUNTY RECORDING, FEES 12.50 AN ORDINANCE OF THE CODE OF ORDINANCES OF THE CITY OF CLERMONT, LAKE COUNTY, FLORIDA, CLOSING AND PERMANENTLY ABANDONING THAT PORTION OF THE THIRTY (30) FOOT WIDE PLATTED ROADWAY PER PLAT OF LAKE HIGHLANDS COMPANY, SECTIONS 29 AND 30, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 2, PAGE 25, PUBLIC RECORDS OF LAKE COUNTY, FLORIDA, BOUNDED ON THE SOUTH BY INTERSECTION OF SAID ROADWAY AND U.S. HIGHWAY 27, AND EXTENDING NORTH TO A POINT 430.9 FEET SOUTH OF THE NORTH LINE OF THE SOUTHEAST '/4 OF SECTIONS 29 AND 30, ACCORDING TO THE SAID PLAT OF LAKE HIGHLANDS COMPANY; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH, PROVIDING FOR SEVERABILITY, PROVIDING FOR PUBLICATION AND PROVIDING FOR AN EFFECTIVE DATE. The City Council of the City of Clermont, Lake County, Florida hereby ordains that: SECTION 1: That any and all of that portion of the thirty (30) foot wide platted roadway per Plat of Lake Highlands Company, Sections 29 and 30, according to the Plat thereof recorded in Plat Book 2, Page 25, Public Records of Lake County, Florida, bounded on the South by intersection of said roadway and U.S. Highway 27, and extending North to a point 430.9 feet South of the North line of the Southeast '/4 of Sections 29 and 30, according to the said Plat of Lake Highlands Company as hereinafter described is hereby closed and permanently abandoned with the stipulation that the western 15 feet of the 30 foot right of way be retained as a Utility Easement for the City: SECTION 2: This 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: A certified copy of this Ordinance shall be recorded in the public records of Lake County and thereby act as a reservation by the City of Clermont of the public utility easement rights set forth in Section 1: Book2821 /Page295 CFN#2005062943 Page 1 of 2 CITY OF CLERMONT ORDINANCE No. 503-M Page — 2 — SECTION 4: All ordinances or parts of this ordinance in conflict herewith are hereby repealed. SECTION 5: Should any section or part of this section be declared invalid by any court of competent jurisdiction, such adjudications shall not apply to or affect any other provision of this Ordinance, except to the extent that the entire section or part of the section may be inseparable in meaning and effect from the section to which such holding shall apply. The provisions of this ordinance shall be effective as provided by law. Introduced on First Reading this 8 h day of February 2005, by the City Council of the City of Clermont, Florida. Passed and Ordained on Final Reading this 22nd day of February 2005, by the City Council of the City of Clermont, Florida. LD S. TURVILLE, JR. Mayor •: !{��All ' TRACY XCKROYD, C' Clerk Book2821/Page296 CFN42005062943 Page 2 of 2