CITY OF DELAND, FLORIDA REQUEST FOR COMMISSION ACTION. April 18, Attachments: Approved by: City. Manager- Michael Piens

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1 CITY OF DELAND, FLORIDA REQUEST FOR COMMISSION ACTION April 18, 2016 De artment: Public Services Attachments: Subject: Consideration, Grant of Easement, Marvin and Sherron Cook, 300 Lake Charles Road [ X I Grant of Utility Easement Prepared by: Approved by: De artment Head - Keith D. Riger, P.E. City Manager- Michael Piens SUMMARY/ HIGHLIGHT: The 2015 ater Main Improvements project currently under construction included a new potable water line whichwill extend south and east on Lake Charles Road to Lake innemissett Drive and south to SR 44. Ultimately, this line will loop water mains on Kepler Road to SR 44 creating an important reinforcement of the water distribution system in the eastern service area. Lake Charles Road, near the area of the Cook residence, is an unpaved shell road and does not lie entirely within a platted right- of-way and is therefore considered prescriptive. Project plans show the water main construction adjacent to the roadway path. During the course of construction, Mr. Cook, who owns the property at 300 Lake Charles Road, provided the City with written objection to construction of the pipeline in its proposed path because it lies within his property. Staff believes that purchase of an easement in this area from Mr. and Mrs. Cook is a mutually beneficial course of action. The attached Grant of Easement to the City of DeLand will allow the City to construct this water main through the Cook property and provide a perpetual easement. STRATEGIC PLAN FOCUS AREA/ACTION STEP: N/ A SUSTAINABILITY: N/ A FISCAL IMPACT: Mr. and Mrs. Cook have agreed to grant this easement for the sum of$ 5, 000. Funds are available in the Utility Enterprise Fund account to pay for this expenditure. RECOMMENDATION: Staff recommends that the City accept the subject Utility Easement for the agreed upon sum.

2 Page 2 of 2 April 18, 2016 SUBJECT: Consideration, Grant of Easement, Marvin and Sherron Cook, 300 Lake Charles Road BACKGROUND/ DISCUSSION: N/ A

3 GRANT OF UTILITY EASEMENT TO THE CITY OF DELAND STATE OF FLORIDA THUS INDENTURE IS MADE AND ENTERED INTO THIS _ day of 2016, between MARVIN A. COOK and SHERRON B. COOK, who have a mailing address of 300 Lake Charles Road, DeLand, Florida 32724, hereinafter called GRANTORS", and the CITY OF DELAND, a municipal corporation organized and existing under the laws of Florida, with a mailing address of 120 South Florida Avenue, DeLand, Florida, hereinafter called " GRANTEE". HEREAS, THE GRANTORS are seized in fee simple and in possession of that certain real estate located in Volusia County, Florida and more particularly described in the attached Exhibit A, which real estate is a portion of the parcel of land bearing tax parcel identification number , and bearing a street address of 300 Lake Charles Road ( hereinafter referred to as the ` Easement Area'); and HEREAS, the GRANTEE has requested the GRANTORS to grant the GRANTEE a utility easement on, over, under and above the Easement Area. NO THIS INDENTURE ITNESSETH: That for and in consideration of the Sum of One and No/hundreds ($ 1. 00) Dollars in hand paid and other valuable considerations, the receipt of which is hereby acknowledged, the GRANTORS have this day granted unto GRANTEE an easement on, over, under, through and across the Easement Area, including but not limited to the right to enter upon the Easement Area, to construct, maintain, and repair utility lines and related infrastructure, together with the right to remove trees, brushes, undergrowth, and other obstructions interfering with the location, construction and maintenance of said utility lines and related infrastructure, to have and to hold the said easement unto the GRANTEE and unto its successors and assigns forever. The GRANTORS do hereby covenant with GRANTEE that it is lawfully seized and possessed of the real estate above described, that GRANTORS have a good and lawful right to grant this easement. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK]

4 IN ITNESS HEREOF, the GRANTORS have caused this instrument to be executed this day of A.D., Signed, sealed and delivered In our presence: MARVIN A. COOK SHERRON B. COOK STA 1E OF FLORIDA BEFORE ME, the undersigned authority, this _ day of 2016, personally appeared MARVIN A. COOK, ( ) who produced as identification or () who is personally known to me, and who () did or () did not take an oath. NOTARIAL SEAL] NOTARY PUBLIC, STATE OF FLORIDA STATE OF FLORIDA BEFORE ME, the undersigned authority, this _ day of 2016, personally appeared SHERRON B. COOK, () who produced as identification or () who is personally known to me, and who () did or ( ) did not take an oath. NOTARIAL SEAL] NOTARY PUBLIC, STATE OF FLORIDA

5 0ix IL SEC. 12, T. 17 S., R. 30 E., VOLUSIA COUNTY, FLORIDA. N ' '01" E. N.E Cor ' Lot 5 Edge of Rd.t Ce terllne Edge of Rd.f Exist. 15* to 18't wide Shell Rd. 1\ Lake Charles Rd. A" 4, 20' UTILITY EASEMENT i yr Ni r 1"= 60' u; J o a PN O 2 n E" o N PARCEL" F" N Marvin& Sherron Cook = m 3 Exist. Residence) 300 Lake Charles Rd. f e. N E Parcel No , ii.. - HS Q si A I rr g se o ' t. N '34". J 1-1_ 1, J / 30 1 South Line of Sec. 12_ 17-30Th _ LEGAL DESCRIPTION for COOK UTILITY EASEMENT THE EAST FEET AND ALL LANDS A DISTANCE OF FEET SOUTH OF THE CENTERLINE OF LAKE CHARLES ROAD AS EXTENDED EASTARD TOARD THE EAST PROPERTY LINE ITHIN PARCEL" F" OF THE STEEDLEY UNRECORDED SUBDIVISION SD HICH IS DESCRIBED AS THE NORTH FEET OF THE SOUTH FEET OF LOTS 5 AND 6 AND THAT LAND LYING EST OF AND ADJACENT TO THE SAME TO THE SECTION LINE, INNEMISSETT LAND AND IMPROVEMENT COMPANY'S SUBDIVISION, ACCORDING TO MAP IN MAP BOOK 1, PAGE 134 OF THE PUBLIC RECORDS OF VOLUSIA COUNTY, FLORIDA, LESS AND EXCEPT THE EST 500 FEET THEREOF. S.E. Car., S.. 1/ 4, S. 1/ 4, S.. 1/ 4, Sec EXHIBIT " A" tela4, O City of DeLand, Florida Sketch$ Legal Description of a ENGINEERING DEPARTMENT Utility Easement from Marvin& Sherron Cook to the City of DeLand s ; e s 1102 S. Garfield Avenue 4.( at 300 Lake Charles Rd., DeLand, Florida OR C) DeLand, Florida TEL: 386/ FAX: 386/ DATE: PROJECT NO. EN Note; This Dwg.& Legd Description is based on a Vo. Co. Steedey Unrecorded Sub. SD Prepared by: ARTHUR. STEINMAN& ASSOCIATES LAND SURVEYORS, INC. Dated: SCALE: 1"= 60' DRAING NO. flie: L'\ Eng\ Gen\ City Pro}\ 2016\ EN Lake Charles Rd 1300 UtIlity Easement from Mr. Cook DRAN BY: R.E. Sheet 1 of 1