HomeMy WebLinkAboutR-15-12 Grant of EasementRESOLUTION NO. R-15-12
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, PERTAINING TO UTILITY EASEMENTS;
CREATING A UTILITY EASEMENT IN BLOCKS 1 & 2, CARROLL
ROBERTS SUBDIVISION NO. 1 OF THE CITY OF SEBASTIAN, AS
RECORDED IN ST. LUCIE PLAT BOOK 4, PAGE 64, OF THE PUBLIC
RECORDS OF INDIAN RIVER COUNTY, FLORIDA; AUTHORIZING
EXECUTION OF THE GRANT OF EASEMENT; PROVIDING FOR
RECORDING; PROVIDING FOR CONFLICTS; PROVIDING FOR
SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, there are no existing easements in the area to provide access to the utility
lines along Indian River Drive, for property located at 1206, 1208 and 1210 U.S. Highway #1,
Sebastian, Florida, and owned by Robert and Ronna Greason; and
WHEREAS, the City has received a request to create a non-exclusive utility easement on
City -owned property at 700 Main Street identified as Block 1 and 2, less the highway right-of-
way, Carroll Roberts Subdivision No. 1, for access to the utility lines along Indian River Drive;
NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
SEBASTIAN, as follows:
Section 1. CREATION OF EASEMENT. The City Council of the City of
Sebastian does hereby create and establish a non-exclusive utility easement on City of Sebastian -
owned property, identified on Attachment "1", GRANT OF EASEMENT, to this resolution, and
further described and indicated specifically as the shaded area on Exhibit "A" to the Grant of
Easement.
Section 2. EXECUTION. The Mayor of the City of Sebastian, Indian River
County, Florida, is hereby authorized to sign, and the City Clerk to attest, on behalf of the City of
Sebastian, the Grant of Easement described herein.
Section 3. RECORDING. The City Clerk shall record the Grant of Easement
in the Official Records of Indian River County, Florida, after receipt of a fully executed
instrument.
Section 4. CONFLICT. All resolutions or parts of resolutions in conflict
herewith are hereby repealed.
Section 5. SEVERABILITY. In the event a court of competent jurisdiction shall
hold or determine that any part of this resolution is invalid or unconstitutional, the remainder of
the Resolution shall not be affected and shall be presumed that the City Council of the City of
Sebastian did not intend to enact such invalid or unconstitutional provision. It shall further be
assumed that the City Council would have enacted the remainder of the Resolution without said
invalid and unconstitutional provision, thereby causing said remainder to remain in full force and
effect.
Section 6. EFFECTIVE DATE.
upon its adoption.
This resolution shall take effect immediately
The foregoing Resolution was moved for adoption by Councilmember
The motion was seconded by Councilmember Gillmor and, upon being put into a
vote, the vote was as follows:
Mayor Richard Gillmor
ave
Vice -Mayor Jerome Adams
ave
Councilmember Andrea Coy
aye
Councilmember Jim Hill
aye
Councilmember Bob McPartlan
The Mayor thereupon declared this Resolution duly passed and adopted this 13th day of
May 2015
Sally A. aio, MMC
City Clerk
CITY OF SEBASTIAN, FLORIDA
Y� `
Ric mo , ayor
Approved as to form and legality for
reliance by the City of Sebastian only:
Robert Ginsburg, City Attorney
GRANT OF EASEMENT
THIS GRANT OF EASEMENT, made and executed this day of
2015 by the CITY OF SEBASTIAN, a municipal corporation of the
Sta a lorida, whose mailing address is 1225 Main Street, Sebastian, Florida 32958,
hereinafter called GRANTOR, to INDIAN RIVER COUNTY, a political subdivision of
the State of Florida, having a mailing address of 1801 27th Street, Vero Beach, Florida
32960, hereinafter called GRANTEE.
WITNESSETH:
That GRANTOR for and in consideration of the sum of TEN DOLLARS ($10.00)
and other valuable consideration, receipt of which is hereby acknowledged by these
presents does grant, bargain, sell, alien, remise, release, convey and confirm unto the
GRANTEE, a non-exclusive perpetual easement for utilities over, across and beneath
the following described land, situated in Indian River County, Florida, to -wit:
See Exhibit "A" attached hereto.
And GRANTOR hereby covenants with said GRANTEE that the GRANTOR is
lawfully seized of said servient land in fee simple, and that the GRANTOR has good
right and lawful authority to convey the easement established hereby and will defend
the same against the lawful claims of all persons whomsoever.
IN WITNESS WHEREOF, the GRANTOR has hereunto set GRANTOR'S hand
and seal the day and year above written.
CITY OF SEBASTIAN, a municipal
corpor ' In oft t to of Florida
i
B.
Richard Gillmor, Mayor
Date of Council approval: 5375
3120150030215
RECORDED IN THE PUBLIC RECORDS OF
JEFFREY R SMITH, CLERK OF COURT
INDIAN RIVER COUNTY FL
BK: 2847 PG. 1923 Page 1 of 3 5/18201510:10 AM
D DOCTAX PD $0.70
STATE OF FLORIDA
COUNTY OF INDIAN RIVER
The foregoing instrument was acknowledge before me this 1 3th day of
May , 2015 by Richard Gillmor, Mayor, and Sally Maio, MMC, City Clerk of the
City of Sebastian, who are personally know to me.
NOTARY PUBLIC
•.• yi*�
AFF 186486 : Qa
IRI
-'cV101 �QQ\
°J„�•m'F��.
Inted name: Jeanette Williams
Commission No: FF 194PH 85
Commission Expiration: Z -28-I61
(SEAL):