RESOLUTION NO. 2015-194 A RESOLUTION AUTHORIZING THE ACCEPTANCE OF A WARRANTY DEED FROM A. W. BAYLOR FAMILY LIMITED PARTNERSHIP, SATISFYING A CONDITION OF ORMOND BEACH ORDINANCE 2010-47 TO DEDICATE A MINIMUM 10-FOOT WIDE AREA FOR RIGHT-OF-WAY PURPOSES TO THE CITY OF ORMOND BEACH ON PROPERTY LOCATED AT 146 NORTH ORCHARD STREET; AND SETTING FORTH AN EFFECTIVE DATE. BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF ORMOND BEACH, FLORIDA, THAT: SECTION ONE. The City Commission hereby approves and accepts a Warranty Deed from A. W. Baylor Family limited partnership, a Florida limited partnership, the property owner, satisfying a condition contained in Ordinance 2010-47 to dedicate a minimum 10-foot wide area for right-of-way purposes to the City of Ormond Beach a portion of the property located at 146 North Orchard Street. A copy of said Deed is attached hereto and incorporated herein by reference, SECTION TWO. A certified copy of this Resolution, and the executed original Warranty Deed shall be recorded in the public records of Volusia County, Florida at the expense of A. W. Baylor Family limited partnership, a Florida limited partnership, the property owner. adoption. SECTION THREE. This Resolution shall take effect immediately upon its -1-
APPROVED AND AUTHENTICATED this 6th day of October, 2015. ATTEST: ED KELLEY Mayor J. SCOTT McKEE City Clerk -2-
THIS INSTRUMENT PREPARED BY: RANDAL A. HAYES, ESQUIRE Florida Bar No. 0747157 Post Office Box 277 Ormond Beach, FL 32175-0277 386-676-3217 PORTION OF ASSESSOR S PARCEL NO. 4241-01-09-0100 WARRANTY DEED THIS INDENTURE, made this day of, 2015, Between, A. W. BAYLOR FAMILY LIMITED PARTNERSHIP, a Florida limited partnership, whose mailing address is 1760 N. US Highway 1, Ormond Beach, Volusia County, Florida 32174, ( the Grantor ), and the CITY OF ORMOND BEACH, a Florida municipal corporation, whose post office address is 22 South Beach Street, Ormond Beach, Volusia County, Florida 32174 ( the Grantee ). WITNESSETH, that the Grantor, for and in consideration of the sum of ten ($10.00) dollars, and other good and valuable consideration to the Grantor in hand paid by the Grantee, the receipt whereof is hereby acknowledged, has granted, bargained and sold to the Grantee, and the Grantee s successors and assigns forever, that real property situate, lying and being in Volusia County, Florida, legally described and depicted on Exhibit A attached hereto and incorporated by reference, together with all the estate and rights of grantor in the abovedescribed premises. Grantor covenants as follows: (1) That Grantor is lawfully seized of the premises, and that Grantor has the right to convey the premises to Grantee; (2) That Grantee shall have quiet possession of the premises; (3) That the premises are free from encumbrances; (4) That Grantor will execute or procure any further necessary assurance of the title to the premises; (5) That Grantor will warrant generally the property conveyed; (6) Grantor is a Family Limited Partnership owned and wholly controlled by Grantor; and (7) The real property being conveyed hereby is not now nor has it ever been the homestead real property of the Grantor. -1-
IN WITNESS WHEREOF, the said Grantor has hereunto set their hand and seal, on the date first above written. Signed, sealed and delivered in presence of: A. W. BAYLOR FAMILY LIMITED PARTNERSHIP, a Florida limited partnership BY: AWP BAYLOR, INC., a Florida corporation, its Sole General Partner Signature: By: Print Name: A. W. BAYLOR President Signature: Print Name: STATE OF FLORIDA ) )ss: COUNTY OF ) I HEREBY CERTIFY that on day of, 2015, A.W. BAYLOR, as the President, of AWP BAYLOR, INC., a Florida corporation, Sole General Partner, of A. W. BAYLOR FAMILY LIMITED PARTNERSHIP, a Florida limited partnership, who are personally known to me and who executed the foregoing instrument in my presence and acknowledged before me that he executed the same as his free and voluntary act, and that he is to execute the same. (Official Seal) NOTARY PUBLIC State of Florida My commission expires: -2-