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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." rr ..' r � i� %lie.• I: MO w7lO 1• 'r 11` I_ww14_r.wr � R.1}iG00 fi � W.>it's0"J7'E Sp10'O,r,w �r �IWaI {Nr lw. I N t 1 NAT11 I �.. _... � � • I b07t2Y11' . } _._y.—.. � SI ~ 24.24' IMY2f'1711 s � N439Y46i NN_.. ... I I afomtiot af.x•— s:. am • • — la wry �7M =r !a i IT N 1 Y _b02/70'IY p.1 M.73' CD.341DY3�Y t1 I I t- ' 1 ����_ _ • +lanZs 17 w xiao w '1�11• POINT OF BEpM11MG,/ �—rS.♦t.LG"` T Ml•Y MIIT V way •OV•(!1A � 6t la •. i 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' t �+ N351{•3rL an• / �w.Mwrwrs.ww�wirreJ w.w� • �w�(,��. tr02f7!'�S' ;it r ;yamllrw ewoc •r w rr " `T.Sf�^ P IN OF BEG1tgNNf !!i! fA-- ,N M• N r �� K L K N U 4 wiiimsm r 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." •r s w �. l /1 r -r r.. �. • _ r rrr rr� R.1270.00' A-01S'00'41' \ isw y •{r n R.1 JJfLDO' C-.771.79' CD-S61 Y0'57'E sw- w w wr .. • I L-336.29' CqR S20110'07'W \ I tr01{20{' I 49.67' n i C:335.39' -1 r �R6919'r- 2C24'OL , LOOM � _ w• > w.ae..- rrre wo >ti rr rs a wr� wr AW211>6'1S' I — F— T— — C-146.73' � � a Ti 1F J I I w y r iYr d71= >191I7*w r •-wYtv9'tYr SO.OD' L9- POINT OF mm Lw C G �+ •fN40T ps a ■s " M1Rp lOY�fI16/ P16 n lOT �, rawawn wart„ �SLi� E 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. � vowl •�1. '� '' 4'20'''N'E i1.tY' ' NO --- __ R.12��70.w00' d-015100'41- r \ •a•w y r,r n R.1330.00' ww 4r � r u•r a • , .� • CC%.1437iI, wwwc o-L-33.2 a09 is.3`T LIn : iNM'2i•17"1r T4.24' , ` N43'6i'18'f ilW' ` 3!T• I N33-6'3M 60.W • lwnrew — 1-147.63' ••q • �1fA•N71''N�NY�� h/1 >w aat ► a�� M0213i13' w I 1 i t ,— C.146.73* CD-S4t V2'59_'w J t� I I I Nsv29'17 w soo0 r V=fA- FtNT OF BEGINNING � „r yIKI P•wC aQ16YM1 (r0•n 1mAa1S) lOYI•f/1t1 On {pl l •01 A a ro n Il l ►L Exhibit "A" Page 2 of 2