HomeMy WebLinkAboutFlorida Department of Transportation Public Purpose Quitclaim Deed 2015 11 09 D F--
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L ER K 2015125690'
October 26, 2015
This instrument prepared by
Suzette K. Hicks
Under the direction of
DANIEL L. MCDERMOTT, ATTORNEY
Department of Transportation
719 South Woodland Boulevard
DeLand, Florida 32720-6834
PARCEL NO. 100 (Part)
SECTION 77070-2517
F.P. NO. 2401661
STATE ROAD 434
PROPERTY MANAGEMENT NO. 13-77-45
COUNTY SEMINOLE
QUITCLAIM DEED
Public Purpose
THIS INDENTURE, Made this Cr"" day of meter 201 J, by and
between the STATE OF FLORIDA by and through the STATE OF FLORIDA
DEPARTMENT OF TRANSPORTATION, Party of the First Part, whose address is 719
South Woodland Blvd., DeLand, FL 32720, to CITY OF WINTER SPRINGS, A
MUNICIPALITY OF THE STATE OF FLORIDA, Party of the Second Part, 1126 East SR
434, Winter Springs, Florida 32708.
WITNESSETH
WHEREAS, said land hereinafter described was heretofore acquired for state
highway purposes; and
WHEREAS, said land is no longer required for such purposes, and the Party of the
First Part, by action of th LZ District Secretary, District Five, Florida Department of
Transportation on I 19 S , pursuant to the provisions of Section 337.25 Florida
Statutes, has agreed to quitclaim the land hereinafter described to the Party of the Second
Part without consideration, to be used solely for public purposes.
NOW, THEREFORE, THIS INDENTURE WITNESSETH:That the Party of the First
Part does hereby remise, release and quitclaim unto the Party of the Second Part, and
assigns, forever, all the right, title and interest of the State of Florida Department of
Transportation to the property herein described to be used solely for public purposes,
pursuant to the provisions of Section 337.25, Florida Statutes, all that certain land situate in
Seminole County, Florida, viz:
r
PARCEL NO. 100 (Part)
SECTION 77070-2517
F.P. NO. 2401661
PAGE 2
(SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF)
SUBJECT to all Utilities in place and in use regardless if said Utility is in place as
evidenced by a permit or by an easement interest. Grantee shall assure that said
utilities shall remain in place so long as necessary by the utility company. In the event
Grantees actions cause the relocation of any or all of the utilities, Grantee shall be
responsible for the cost of relocation, including the cost of acquisition of an easement
interest necessary to accommodate said utilities.
RESERVING unto Grantor a perpetual easement over the portions of the
property currently used by Grantor for drainage purposes. Said perpetual easement
may be relocated by Grantee upon written approval of Grantor. Grantee agrees to
maintain the drainage facilities. Grantor reserves the right to make reasonable
alterations deemed desirable and necessary in accommodating rights of the Grantor.
TO HAVE AND TO HOLD, the said premises and the appurtenances thereof unto
the Party of the Second Part.
REVERTER - The property herein described is to be used for the purpose of
roadway, stormwater, and utility infrastructure, by the Party of the Second Part. If the
property ceases to be used for the above described purpose all property rights shall revert
back to the said Party of the First Part.
IN WITNESS WHEREOF, the State of Florida Department of Transportation has
caused these presents to be signed in the name of the State of Florida Department of
Transportation by its District Secretary, District Five and its seal to be hereunto affixed,
attested by its Executive Secretary, on the date first above written.
T
PARCEL NO. 100 (Part)
SECTION 77070-2517
F.P. NO. 2401661
PAGE 3
STATE OF FLORIDA
DEPARTMENT OF TRAJN`SPORTATIO
ATTEST: By: w
ONS4-j Ra's S.
(Ty e/print name) Noranne B. Downs, P.E.
Executive'Secretary District Five Secretary
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a
ice of Genera Counsel
STATE OF FLORIDA
COUNTY OF VOLUSIA
The foregoing instrument was acknowledged before me this 1;)-e..
day of
by Noranne B. Downs, P.E., District Secretary for District Five, who is personally known to me, or
who has produced s iden I Ic on
?H���d•.,, NORMA I. MEJIAS
Z • '`", Notary Public-State o1 Florida
' My Comm.Expires Jul 27,2D17
Commission#FF 021401 (Type/print name)
Notary Public in and for the
County and State last aforesaid.
(Affix Notary Seal) My Commission Expires:�Z�
PARCEL NO. 100 (Part)
SECTION 77070-2517
F.P. NO. 2401661
PAGE 4
EXHIBIT A
PARCEL NO. 100 PART SECTION 77070-2517
THAT PART OF:
LOTS 3, 5 AND 6, SECTION 6, TOWNSHIP 21 SOUTH, RANGE 31 EAST OF
PHILLIP R. YONGE GRANT ACCORDING TO THE PLAT THEREOF AS
RECORDED IN PLAT BOOK 1, PAGE 35 OF THE PUBLIC RECORDS OF
SEMINOLE COUNTY, FLORIDA.
ALSO BEING A PART OF THE LANDS DESCRIBED AS PARCEL 100 IN THE
ORDER OF TAKING, CIVIL ACTION 93-2098-CA-13-K, IN THE CIRCUIT COURT
OF FLORIDA IN AND FOR THE COUNTY OF SEMINOLE, STATE ROAD 434,
SECTION 77070-2517-011, RECORDED IN OFFICIAL RECORDS BOOK 2719,
PAGE 1225, OF THE PUBLIC RECORDS OF SEMINOLE COUNTY, FLORIDA.
DESCRIBED AS FOLLOWS:
COMMENCE AT THE INTERSECTION OF THE WESTERLY LINE OF PHILLIP R.
YONGE GRANT ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK
1, PAGE 35 OF THE PUBLIC RECORDS OF SEMINOLE COUNTY, FLORIDA,AND THE
NORTHERLY RIGHT-OF-WAY LINE OF ORIGINAL STATE ROAD 434 AS SHOWN ON
THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION RIGHT-OF-WAY
MAP, SECTION 77070-2517; THENCE DEPARTING SAID NORTHERLY RIGHT-OF-WAY
LINE, RUN NORTH 05°13'52" EAST, ALONG SAID WESTERLY LINE OF PHILLIP R.
YONGE GRANT, A DISTANCE OF 200.96 FEET TO A POINT ON THE SOUTHERLY
RIGHT-OF-WAY LINE OF REALIGNED STATE ROAD 434, BEING AT CENTERLINE OF
CONSTRUCTION STATION 626+23.02, 70.00 FEET RIGHT, BY RADIAL
MEASUREMENT, AND BEING THE BEGINNING OF A CURVE, CONCAVE
NORTHERLY, HAVING A RADIUS OF 2988.40 FEET, A CHORD BEARING OF SOUTH
63°43'08" EAST; THENCE DEPARTING SAID WESTERLY LINE, FROM TANGENT
BEARING OF SOUTH 62 010'03" EAST, RUN EASTERLY ALONG THE ARC OF SAID
CURVE AND SAID SOUTHERLY RIGHT-OF-WAY LINE, THROUGH A CENTRAL ANGLE
OF 03 006'09",A DISTANCE OF 161.81 FEET TO A POINT, BEING AT CENTERLINE OF
CONSTRUCTION STATION 627+81.04, 70.00 FEET RIGHT, BY RADIAL
MEASUREMENT,AND THE POINT OF INTERSECTION WITH THE WESTERLY RIGHT-
OF-WAY LINE OF GARDENA AVENUE AS SHOWN ON SAID RIGHT-OF-WAY MAP,
AND THE POINT OF BEGINNING; THENCE CONTINUE ALONG SAID CURVE AND THE
PARCEL NO. 100 (Part)
SECTION 77070-2517
F.P. NO. 2401661
PAGE 5
EASTERLY EXTENSION THEREOF, BEING 70.00 FEET RIGHT, BY RADIAL
MEASUREMENT, AND CONCENTRIC TO SAID CENTERLINE OF CONSTRUCTION,
HAVING A RADIUS OF 2988.40 FEET,A CHORD BEARING OF SOUTH 66 010'02"EAST,
THROUGH A CENTRAL ANGLE OF 01 047'40", A DISTANCE OF 93.59 FEET TO THE
END OF SAID EASTERLY EXTENSION, BEING AT CENTERLINE OF CONSTRUCTION
STATION 628+72.44, 70.00 FEET RIGHT, BY RADIAL MEASUREMENT AND THE
POINT OF INTERSECTION OF SAID SOUTHERLY RIGHT-OF-WAY LINE WITH THE
EASTERLY RIGHT-OF-WAY LINE OF SAID GARDENAAVENUE;THENCE DEPARTING
SAID SOUTHERLY RIGHT-OF-WAY LINE OF REALIGNED STATE ROAD 434, RUN
SOUTHERLY ALONG THE EASTERLY RIGHT-OF-WAY LINE OF SAID GARDENA
AVENUE THE FOLLOWING THREE (3) COURSES, SOUTH 74 051'47" WEST, A
DISTANCE OF 21.57 FEET;THENCE SOUTH 25°1628"WEST,A DISTANCE OF 150.07
FEET; THENCE SOUTH 29 000'43" EAST,A DISTANCE OF 25.05 FEET TO A POINT OF
INTERSECTION WITH THE AFORESAID NORTHERLY RIGHT-OF-WAY LINE OF
ORIGINAL STATE ROAD 434, SAID POINT BEING ON A CURVE, CONCAVE
NORTHERLY, HAVING A RADIUS OF 550.36 FEET, A CHORD BEARING OF NORTH
72 030'33"WEST;THENCE DEPARTING SAID EASTERLY RIGHT-OF-WAY LINE, FROM
A TANGENT BEARING OF NORTH 77 035'35" WEST, RUN WESTERLY ALONG THE
ARC OF SAID CURVE AND SAID NORTHERLY RIGHT-OF-WAY LINE, THROUGH A
CENTRAL ANGLE OF 10 010'04", A DISTANCE OF 97.67 FEET, TO THE POINT OF
INTERSECTION WITH THE WESTERLY RIGHT-OF-WAY LINE OF SAID GARDENA
AVENUE; THENCE DEPARTING SAID NORTHERLY RIGHT-OF-WAY LINE OF
ORIGINAL STATE ROAD 434, RUN NORTHERLY ALONG THE WESTERLY RIGHT-OF-
WAY OF SAID GARDENA AVENUE THE FOLLOWING THREE (3) COURSES, NORTH
72 040'23" EAST, A DISTANCE OF 22.13 FEET; THENCE NORTH 25°16'28" EAST, A
DISTANCE OF 160.55 FEET;THENCE NORTH 25 028'06"WEST,A DISTANCE OF 22.12
FEET, TO THE POINT OF BEGINNING.
CONTAINING 11698 SQUARE FEET MORE OR LESS
AND
PARCEL NO. 100 PART SECTION 70070 (1)
THAT PART OF:
LOTS 3, 5 AND 6, SECTION 6, TOWNSHIP 21 SOUTH, RANGE 31 EAST OF
PHILLIP R. YONGE GRANT ACCORDING TO THE PLAT THEREOF AS
RECORDED IN PLAT BOOK 1, PAGE 35 OF THE PUBLIC RECORDS OF
PARCEL NO. 100 (Part)
SECTION 77070-2517
F.P. NO. 2401661
PAGE 6
SEMINOLE COUNTY, FLORIDA, AND A PART OF LOT 8, BLOCK A OF D.R.
MITCHELL'S SURVEY OF THE LEVY GRANT ACCORDING TO THE PLAT
THEREOF AS RECORDED IN PLAT BOOK 1, PAGE 5 OF SAID PUBLIC
RECORDS.
DESCRIBED AS FOLLOWS:
BEGIN AT THE INTERSECTION OF THE WESTERLY LINE OF PHILLIP R. YONGE
GRANT ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 1,
PAGE 35 OF THE PUBLIC RECORDS OF SEMINOLE COUNTY, FLORIDA, AND THE
NORTHERLY RIGHT-OF-WAY LINE OF ORIGINAL STATE ROAD 434,AS SHOWN ON
THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION RIGHT-OF-WAY
MAP, SECTION 77070-2517, SAID POINT BEING ON A CURVE, CONCAVE
NORTHERLY, HAVING A RADIUS OF 550.36 FEET, A CHORD BEARING OF SOUTH
74°31'39" EAST; THENCE DEPARTING SAID WESTERLY LINE, FROM A TANGENT
BEARING OF SOUTH 57 038'55" EAST, RUN EASTERLY ALONG THE ARC OF SAID
CURVE AND SAID NORTHERLY RIGHT-OF-WAY LINE,THROUGH A CENTRALANGLE
OF 33 045'28", A DISTANCE OF 324.27 FEET TO A POINT OF TANGENCY; THENCE
CONTINUE ALONG SAID NORTHERLY RIGHT-OF-WAY LINE, NORTH 88 035'37" EAST,
A DISTANCE OF 476.87 FEET TO A POINT ON THE SOUTHERLY RIGHT-OF-WAY
LINE OF REALIGNED STATE ROAD 434, BEING AT CENTERLINE OF
CONSTRUCTION STATION 634+20.91, 65.00 FEET RIGHT, BY RADIAL
MEASUREMENT, SAID POINT ALSO BEING ON A CURVE, CONCAVE NORTHERLY,
HAVING A RADIUS OF 2983.40 FEET,A CHORD BEARING OF SOUTH 81002,02" EAST;
THENCE DEPARTING SAID NORTHERLY RIGHT-OF-WAY LINE, FROM A TANGENT
BEARING OF SOUTH 77 049'56" EAST, RUN EASTERLY ALONG THE ARC OF SAID
CURVE, BEING THE EASTERLY EXTENSION OF SAID SOUTHERLY RIGHT-OF-WAY
LINE, 65.00 FEET RIGHT, BY RADIAL MEASUREMENT, AND CONCENTRIC TO SAID
CENTERLINE OF CONSTRUCTION, THROUGH A CENTRAL ANGLE OF 06 024'12", A
DISTANCE OF 333.42 FEET TO THE END OF SAID EASTERLY EXTENSION, BEING AT
CENTERLINE OF CONSTRUCTION STATION 637+47.07, 65.00 FEET RIGHT, BY
RADIAL MEASUREMENT AND THE POINT OF INTERSECTION OF THE SOUTHERLY
RIGHT-OF-WAY LINE OF REALIGNED STATE ROAD 434 WITH THE SOUTHERLY
RIGHT-OF-WAY LINE OF ORIGINAL STATE ROAD 434; THENCE DEPARTING SAID
SOUTHERLY RIGHT-OF-WAY LINE OF REALIGNED STATE ROAD 434, RUN
WESTERLY ALONG THE SOUTHERLY RIGHT-OF-WAY LINE OF ORIGINAL STATE
ROAD 434 THE FOLLOWING FIVE (5) COURSES, SOUTH 88 035'37" WEST, A
DISTANCE OF 804.68 FEET TO A POINT OF CURVATURE OF A CURVE, CONCAVE
NORTHERLY, HAVING A RADIUS OF 610.36 FEET, A CHORD BEARING OF NORTH
65 044'59" WEST; THENCE RUN ALONG THE ARC OF SAID CURVE, THROUGH A
CENTRAL ANGLE OF 51 018'49", A DISTANCE OF 546.63 FEET TO A POINT OF
PARCEL NO. 100 (Part)
SECTION 77070-2517
F.P. NO. 2401661
PAGE 7
TANGENCY; THENCE NORTH 40°05'34" WEST, A DISTANCE OF 513.61 FEET TO A
POINT OF CURVATURE OF A CURVE, CONCAVE NORTHERLY, HAVING A RADIUS
OF 8980.09 FEET, A CHORD BEARING OF NORTH 39°10'57' WEST; THENCE RUN
ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 01-49'15", A
DISTANCE OF 285.39 FEET TO A POINT OF TANGENCY; THENCE NORTH 38°16'19"
WEST, A DISTANCE OF 84.19 FEET TO A POINT BEING AT CENTERLINE OF
CONSTRUCTION STATION 617+08.34, 80.00 FEET RIGHT, BY RADIAL
MEASUREMENT, AND BEING THE BEGINNING OF A CURVE, CONCAVE
NORTHERLY, HAVING A RADIUS OF 2998.40 FEET, A CHORD BEARING OF SOUTH
47°55'09" EAST; THENCE DEPARTING THE SOUTHERLY RIGHT-OF-WAY LINE OF
ORIGINAL STATE ROAD 434, FROM A TANGENT BEARING OF SOUTH 44 012'37"
EAST, RUN ALONG THE ARC OF SAID CURVE, SAID ARC ALSO BEING THE
WESTERLY EXTENSION OF THE SOUTHERLY RIGHT-OF-WAY LINE OF REALIGNED
STATE ROAD 434, 80.00 FEET RIGHT, BY RADIAL MEASUREMENT, AND
CONCENTRIC TO SAID CENTERLINE OF CONSTRUCTION, THROUGH A CENTRAL
ANGLE OF 07 024'53", A DISTANCE OF 388.03 FEET, TO A POINT BEING AT
CENTERLINE OF CONSTRUCTION STATION 620+86.05, 80.00 FEET RIGHT, BY
RADIAL MEASUREMENT AND THE POINT OF INTERSECTION OF SAID SOUTHERLY
RIGHT-OF-WAY LINE OF REALIGNED STATE ROAD 434 WITH THE NORTHERLY
RIGHT-OF-WAY LINE OF SAID ORIGINAL STATE ROAD 434; THENCE RUN
SOUTHERLY ALONG SAID NORTHERLY RIGHT-OF-WAY LINE OF ORIGINAL STATE
ROAD 434, SOUTH 40°05'34" EAST, A DISTANCE OF 498.94 FEET TO A POINT OF
CURVATURE OF A CURVE, CONCAVE NORTHERLY, HAVING A RADIUS OF 550.36
FEET, A CHORD BEARING OF SOUTH 48°52'15' EAST; THENCE CONTINUE ALONG
SAID NORTHERLY RIGHT-OF-WAY LINE OF ORIGINAL STATE ROAD 434 AND THE
ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 17 033'21",A DISTANCE OF
168.63 FEET TO THE POINT OF BEGINNING.
CONTAINING 2.500 ACRES MORE OR LESS
THESE LEGAL DESCRIPTIONS PREPARED BY:
RUSSELL D. KESSLER, P.L.S. NO. 5115
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION,
FIFTH DISTRICT, SURVEY AND MAPPING
719 SOUTH WOODLAND BLVD.
DELAND FL., 32720
JULY 24, 2014