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HomeMy WebLinkAboutFlorida Department of Transportation Public Purpose Quitclaim Deed 1999~~ MgRYANNE MORSE SEMINOLE COUNTY, FL ' 1~D CLERK ~i ~?~~~.°~T COtlRT RECQR~ED ~~. Y~~{~ 455937 1999~~Q'~-? A~1~0~ Sz Prepared under the supervision of: GEORGE S. LOVETT, Attorney Florida Department of Transportation 719 South Woodland Boulevard Deland, FL 32720 (904)-943-5490 Documentary Tax Pd. $ , ~ ltrtangib9e Tax Pd. COUNTY: SEMINOLE (,~ Maryanne Morse, I k Seminole SECTION: 77070-2517 -.J ~~ STATE ROAD: 434 county By : D..c. 3 ~,O PARCEL NO.: 108 Part ~ ~ FM NO.: 2401661 ~*+ ° m o O ..no PUBLIC PURPOSE QUITCLAIM DEED ~'' ~ ""~ ~° ~~~ (Section 337.25(4)(h), FLORIDA STATUTES) .~- THIS IlvDENTLJRE, made this ~ day of Q~ • , 1999, by and between the STATE OF FLORIDA, by and through the STATE OF FLORIDA DEPARTMENT. OF TRANSPORTATION, as the Party of the First Part, and the CITY OF WINTER SPRINGS, FLORIDA, as the Party of the Second Part; WITNESSETH: WHEREAS, the hereinafter described property held by the DEPARTMENT OF TRANSPORTATION is no longer used or needed and the Secretary of District Five of the Department on O , 1999 has approved conveyance to the CITY OF WINTER SPRINGS without considerati n, to be used solely for public purposes, pursuant to the provisions of Section 337.25(4)(h), Florida Statutes; NOW, THEREFORE, 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 and/or the State of Florida Department of Transportation to the property described on Exhibit "A", attached hereto and made a part hereof, with the terms and conditions set forth therein; RESERVING unto the Party of the First Part, the right to discharge water into the water retention area in perpetuity and the right, but not the obligation, to enter said area for the purpose of cleaning out, repairing, modifying, or otherwise servicing said area or any inlets, outlets, drains, pipes or other appurtenances thereto. The Party of the Second Part shall not modify the water retention area without first obtaining the approval of both the St. Johns River Water Management District and the Party of the First Part. CONDITIONS: If, at any time, Party of the Second Part abandons the property, ceases use of the property for public purposes, or attempts to convey the property to any other person or entity (other than another governmental entity for public use), all right, title and interest in and to the property shall automatically revert to the Party of the First Part. The Party of the Second Part, by acceptance of this deed, further agrees that in the event that any of the property is ever needed for transportation purposes by the Party of the First part, it will reconvey, without compensation, any such property needed. The party of the second part further agrees that it shall be responsible for maintaining in perpetuity the retention pond and all paved, landscaped and/or turfed areas within the limits of the land conveyed herein. For the purposes of this agreement the maintenance to be performed by the City shall be to maintain the quality of the water in the ponds in accordance with all Federal, State and local statutory or agency requirement of rules or laws. The party of the second part also expressly agrees to meet all requirements of St. Johns River Water Management District permits # 4-117-0352GM2 and # 4-1 l7-OSOSG-ERP, as they relates to the area conveyed herein. These requirements include the obligation to provide monitoring reports every other year to the Water Management District. TO HAVE AND TO HOLD the said premises and appurtenances thereof unto the Party of the Second Part. -THIS CONVEYANCE is made subject to any unpaid taxes, assessments, liens, or encumbrances of any nature whatsoever which the Part of the Second Part hereunder and herein assumes. STATE OF FLORIDA DEPARTMENT W OF TRANSPORTATION -..1 ©o cn ,~ ~.~ By: ~~td~'fir- - z c.O ~ ~ Nancy .Houston ,,, x District Secretary o O -a - ~r ~ ; District Five -., ~ ~ a _ ~. ~~ ~~° ~°~' ~a ~~-A t: ~ .+ . ~~ 3. ~ ~ ,` ~ ~ ~ Exe utive Secretary ,~ .~ ~w ~;, ~f~al TiOrf ' ,C'' ~,, t, . - ~'~ Geor ovett District Five General Counsel a. PARCEL 108-PART A PORTION OF: SECTION 77070-2517 THAT PARCEL OF LAND AS RECORDED IN OFFICIAL RECORDS BOOK 2645, PAGE 1597, PUBLIC RECORDS OF SEMINOLE COUNTY, FLORIDA, AND DESCRIBED AS: "THAT PORTION OF THE FOLLOWING PROPERTY .LOCATED IN SEMINOLE COUNTY, FLORIDA LYING EAST OF THE CENTER LINE OF HOWELL CREEK: ALL THAT PART OF THE MAP OF THE PHILLIP R. YONGE GRANT AS RECORDED IN PLAT BOOK 1, PAGES 35 THROUGH 38 OF THE PUBLIC RECORDS OF SEMINOLE COUNTY, FLORIDA AND A PORTION OF THE SOUTHEAST 1/4 OF SECTION 5 AND A PORTION OF THE NORTHEAST 1/4 OF SECTION 8, TOWNSHIP 21 SOUTH, ~ RANGE 31 EAST, SEMINOLE COUNTY, FLORIDA, LYING SOUTH OF ...~ S.R. 434 (OLD S.R.419); NORTH OF THE LAKE CHARM BRANCH ~+ .C' °~~ OF THE SEABOARD COAST LINE RAILROAD AND EAST OF GARDENA 3 '~ `- FARMS, TOWN SITES AS RECORDED IN PLAT BOOK 6, PAGE 39 c OF THE PUBLIC RECORDS OF 5EMINOLE COUNTY, FLORIDA, LESS RIGHT OF WAY OF BLACK HAMMOCK BRANCH OF THE S.C.L. ~ ` o ~ -o RAILROAD."; ;,,~ .J ~ r ~ rn DESCRIBED AS FOLLOWS: ~' COMMENCE AT THE POINT OF INTERSECTION OF THE CENTER LINE OF CONSTRUCTION OF STATE ROAD N0. 434 AND THE EAST LINE OF THE SE 1/4 OF SECTION 5, TOWNSHIP 21 SOUTH, RANGE 31 EAST, SEMINOLE COUNTY, FLORIDA, SAID POINT BEING 1971.95 FEET NORTH 00°19'26" EAST OF THE SOUTHEAST CORNER OF THE SE 1/4 OF SAID SECTION 5, AS SHOWN ON STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION RIGHT OF WAY MAP SECTION N0. 77070-2517; THENCE NORTH 89°41'38" WEST ALONG SAID CENTER LINE OF CONSTRUCTION 3,517.76 FEET TO STATION 675+00.00 AS SHOWN ON SAID RIGHT OF WAY MAP; THENCE DEPARTING SAID CENTERLINE, SOUTH 00°18'22" WEST, 65.00 FEET TO THE POINT OF BEGINNING, SAID POINT BEING 65 FEET SOUTHERLY OF WHEN MEASURED PERPENDICULAR TO SAID CENTER LINE OF CONSTRUCTION; THENCE SOUTH 89°41'38" EAST, PARALLEL WITH SAID CENTER LINE 733.00 FEET TO A POINT BEING 65.00 FEET SOUTH 00°18'22" WEST OF AFORESAID CENTERLINE; THENCE SOUTH 00°18'22" WEST, 294.00 FEET, TO A POINT BEING 359 FEET SOUTHERLY OF WHEN MEASURED PERPENDICULAR TO SAID CENTERLINE; THENCE NORTH 89°41'38" WEST, PARALLEL WITH SAID CENTERLINE, 800.00 FEET, TO A POINT BEING 359 FEET SOUTHERLY OF WHEN MEASURED PERPENDICULAR TO SAID CENTERLINE; THENCE NORTH 00°18'22" EAST, 289.00 FEET TO A POINT BEING 70 FEET SOUTHERLY OF WHEN MEASURED PERPENDICULAR TO SAID CENTERLINE; THENCE SOUTH 89°41'38" EAST, PARALLEL WITH SAID CENTERLINE, 67.00 FEET; THENCE NORTH 00°18'22" EAST, 5.00 FEET TO THE POINT OF BEGINNING.