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HomeMy WebLinkAbout2015 Greason, RobertGRANT OF EASEMENT THIS GRANT OF EASEMENT, made and executed this //--'Y day of �z 2015 by the CITY OF SEBASTIAN, a municipal corporation of the State of Florida, whose mailing address is 1225 Main Street, Sebastian, Florida 32958, hereinafter called GRANTOR, to ROBERT & RONNA GREASON, property owners of 1206 — 1210 US Highway #1, Sebastian, Florida 32958, and having a mailing address of 4226 79`h Street, Vero Beach, Florida 32967, their successor and assigns, 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 corpo n of the State of Florida Richard Gillmor, Mayor 3120150035970 RECORDED IN THE PUBLIC RECORDS OF JEFFREY R SMITH, CLERK OF COURT INDIAN RIVER COUNTY FL BK: 2854 PG 1099 Page 1 of 3 6/122015 11 27 AM D DOCTAX PD $0.70 STATE OF FLORIDA COUNTY OF INDIAN RIVER The foregoing instrument was acknowledge before me this 11 44-\ day of It ►1-e- , 2015 by Richard Gillmor, Mayor, and Sally Maio, MMC, City Clerk of the City of Sebastian, who are personally know to me. NOTARY PUBLIC '3 -.08SIOWN . 4 ? be ' mm: I 4�� wj&�O� rinted name: --re rneft LA/i- I li ams YFF 186485 ' c- 9.,:r�; o'W Commission No: rr 1810 �f 8 5 (%CS7AE��```� Commission Expiration: 2128/2014 (SEAL): NORTH E.yPyl SCALE I'e40, Ibb. QWNi0 �Np1 P�i vq ;Q0' EXHIBIT "All DR�v � / w Wny UNE 6 WE(571 RIGNt OE F BEGIN scol:R 2564 ton E Vol ONE^OE Pp0.0 Pp EL NPy3FEp0.Op S NORoft E � OQ'40, 0.NEµCW z oz V �x 05 m O IV 0? OFFICIAL RECORD w A BOOK 1546, PAGE 532 00 m V 00 V 55.00' N 1303122" W v 45.00' o0 CHAMBER OF COMMERCE STETCH OF LEGAL DESCRIPTION I NOT A BOUNDARY SURVEY) SURVEYOR'S NOTES: 10.00' .61 EP 10.03' N W N 17040'32 0 0 o - � HWAY 1 U.S. HI,arRf OE WA 1. THIS SKETCH OF LEGAL DESCRIPTION WAS PREPARED BASED UPON THE NORTH LINE OF PARCEL 1 AS S 76028'38' W AS DESCRIBED IN OFFICIAL RECORD BOOK 1546, PAGE 532, PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA LEGAL DESCRIPTION: PUBLIC UTILITY EASEMENT 2. THIS SKETCH EXISTS SOLEY FOR THE PURPOSE OF ILLUSTRATING THE LEGAL DESCRIPTION. 3. ALL DIMENSIONS ARE CALCULATED UNLESS OTHERWISE NOTED. 4. THIS SKETCH MEETS THE FLORIDA STANDARDS OF PRATICE SET FORTH BY THE FLORIDA BOARD OF LAND SURVEYORS, PURSUANT TO CHAPTER 51-17.050, FLORIDA ADMINISTRATIVE CODE, PURSUANT TO SECTION 472.027, FLORIDA STATUTES PREPARED BY. CECRLE LAND SURVEYING, INC. FLORIDA LAND SURVEYING BUSINESS #6637 10749 HIGHWAY U.S. 1, SUITE A SEBASTIAN, FLORIDA 32958 PHONE 772-388-0520 FAX 772-388-2012 THE SKETCH OF LEGAL IS NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA L URVEYOR AND MAPPER. 4-30-2015 THONM3ltfMUALLCECRLE, P.L.S. 4896 BEGINNING AT THE NORTHEAST CORNER OF PARCEL i AS DESCRIBED IN OFFICIAL RECORD BOOK 1546, PAGE 532, PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA SAID CORNER ALSO BEING ON THE WEST RIGHT OF WAY LINE OF INDIAN RIVER DRIVE, A 66.00 FOOT RIGHT OF WAY, THENCE S 76028'38' W ALONG THE NORTH LINE OF OFFICIAL RECORD BOOK 1546, PAGE 532. AND WESTERLY EXTENSION A DISTANCE OF 229.86 FEET TO THE EAST RIGHT OF WAY LINE OF U.S. HIGHWAY 1, A 100.00 FOOT WIDE RIGHT OF WAY,• THENCE N 17°40'32' W ALONG SAID EAST RIGHT OF WAY LINE, A DISTANCE OF 10.03 FEET TO A POINT, SAID POINT BEING 10.00 FEET PERPENDICULAR TO SAID NORTH LINE; THENCE N 76028'38'E PERPENDICULAR AND PARALLEL TO SAID NORTH LINE, A DISTABCE OF 140.00 FEET, THENCE N 13°31'22' W, A DISTANCE OF 45.00 FEET, SAID POINT BEING 55.00 FEET PERPENDICULAR TO SAID NORTH; THENCE N 76°28'38' E PERPENDICULAR AND PARALLEL TO SAID NORTH LINE, A DISTANCE OF 78.75 FFET TO THE WEST RIGHT OF WAY LINE OF INDIAN RIVER DRIVE; THENCE S 25°40'20' E ALONG SAID WEST RIGHT OF WAY LINE, A DISTANCE OF 56.26 FEET TO THE POINT OF BEGINNING. CONTAINING 6,053 SQUARE FEET MORE OR LESS, SKETCH OF LEGAL DESCRIPTION 4-30-2015 1 SCALE 1'=20' I FIELD BOOK n/a I SHEET 1 OF 1 I PROJECT NUMBER 15-107 .. .. RECORD1 �- BOOK 1880, PAGE 7268 000(01040, 10.00' .61 EP 10.03' N W N 17040'32 0 0 o - � HWAY 1 U.S. HI,arRf OE WA 1. THIS SKETCH OF LEGAL DESCRIPTION WAS PREPARED BASED UPON THE NORTH LINE OF PARCEL 1 AS S 76028'38' W AS DESCRIBED IN OFFICIAL RECORD BOOK 1546, PAGE 532, PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA LEGAL DESCRIPTION: PUBLIC UTILITY EASEMENT 2. THIS SKETCH EXISTS SOLEY FOR THE PURPOSE OF ILLUSTRATING THE LEGAL DESCRIPTION. 3. ALL DIMENSIONS ARE CALCULATED UNLESS OTHERWISE NOTED. 4. THIS SKETCH MEETS THE FLORIDA STANDARDS OF PRATICE SET FORTH BY THE FLORIDA BOARD OF LAND SURVEYORS, PURSUANT TO CHAPTER 51-17.050, FLORIDA ADMINISTRATIVE CODE, PURSUANT TO SECTION 472.027, FLORIDA STATUTES PREPARED BY. CECRLE LAND SURVEYING, INC. FLORIDA LAND SURVEYING BUSINESS #6637 10749 HIGHWAY U.S. 1, SUITE A SEBASTIAN, FLORIDA 32958 PHONE 772-388-0520 FAX 772-388-2012 THE SKETCH OF LEGAL IS NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA L URVEYOR AND MAPPER. 4-30-2015 THONM3ltfMUALLCECRLE, P.L.S. 4896 BEGINNING AT THE NORTHEAST CORNER OF PARCEL i AS DESCRIBED IN OFFICIAL RECORD BOOK 1546, PAGE 532, PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA SAID CORNER ALSO BEING ON THE WEST RIGHT OF WAY LINE OF INDIAN RIVER DRIVE, A 66.00 FOOT RIGHT OF WAY, THENCE S 76028'38' W ALONG THE NORTH LINE OF OFFICIAL RECORD BOOK 1546, PAGE 532. AND WESTERLY EXTENSION A DISTANCE OF 229.86 FEET TO THE EAST RIGHT OF WAY LINE OF U.S. HIGHWAY 1, A 100.00 FOOT WIDE RIGHT OF WAY,• THENCE N 17°40'32' W ALONG SAID EAST RIGHT OF WAY LINE, A DISTANCE OF 10.03 FEET TO A POINT, SAID POINT BEING 10.00 FEET PERPENDICULAR TO SAID NORTH LINE; THENCE N 76028'38'E PERPENDICULAR AND PARALLEL TO SAID NORTH LINE, A DISTABCE OF 140.00 FEET, THENCE N 13°31'22' W, A DISTANCE OF 45.00 FEET, SAID POINT BEING 55.00 FEET PERPENDICULAR TO SAID NORTH; THENCE N 76°28'38' E PERPENDICULAR AND PARALLEL TO SAID NORTH LINE, A DISTANCE OF 78.75 FFET TO THE WEST RIGHT OF WAY LINE OF INDIAN RIVER DRIVE; THENCE S 25°40'20' E ALONG SAID WEST RIGHT OF WAY LINE, A DISTANCE OF 56.26 FEET TO THE POINT OF BEGINNING. CONTAINING 6,053 SQUARE FEET MORE OR LESS, SKETCH OF LEGAL DESCRIPTION 4-30-2015 1 SCALE 1'=20' I FIELD BOOK n/a I SHEET 1 OF 1 I PROJECT NUMBER 15-107 RESOLUTION 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): i 10.0' 40.0' 0 r-, U-) w io O 0 M NORTH W Y1 SCALE ]•_40, 166,BWNtO- RIv�R 5b020 E S2_ EXHIBIT "A" w WE(fS7tN-NA1SO� F0 ' 0.6OIpFEI"13 E /lE7.1CN1UpUSNo' pou �KN elloollf'o'0c,c1plolls pFN�3uNF'0.lpp1BUG0.EB1ODU pICN ACL 55.00' ^' 13031122" W'v 45.00' o� 0 o� �o OFFICIAL RECORD NBOOK 1546, PAGE 532 V rn z V CHAMBER OF m COMMERCE NJ uim 0 0 " OFFICIAL RECORD BOOK 1880, PAGE 1268 10.00' 10.031 N 17040132" W a o - Y STETCH OF LEGAL DESCRIPTION - H��HWA (NOT A BOUNDARY SURVEY) U.S. I-ar nWM OFWAYI SURVEYOR'S NOTES: U JJJ 1. THIS SKETCH OF LEGAL DESCRIPTION WAS PREPARED BASED UPON THE NORTH LINE OF PARCEL 1 AS S 76028'38'W AS DESCRIBED IN OFFICIAL RECORD BOOK 1546, PAGE 532, PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA LEGAL DESCRIPTION: PUBLIC UTILITY EASEMENT BEGINNING AT THE NORTHEAST CORNER OF PARCEL I AS DESCRIBED IN OFFICIAL RECORD BOOK 1546, PAGE 532, PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA SAID CORNER ALSO BEING ON THE WEST RIGHT OF WAY LINE OF INDIAN RIVER DRIVE, A 66.00 FOOT RIGHT OF WAY; THENCE S 76°28'38' W ALONG THE NORTH LINE OF OFFICIAL RECORD BOOK 1546, PAGE 532, AND WESTERLY EXTENSION A DISTANCE OF 229.86 FEET TO THE EAST RIGHT OF WAY LINE OF U.S. HIGHWAY 1, A 100.00 FOOT WIDE RIGHT OF WAY, • THENCE N 17040'32' W ALONG SAID EAST RIGHT OF WAY LINE, A DISTANCE OF 10.03 FEET TO A POINT, SAID POINT BEING 10.00 FEET PERPENDICULAR TO SAID NORTH LINE; THENCE N 7602838' E PERPENDICULAR AND PARALLEL TO SAID NORTH LINE, A DISTABCE OF 140.00 FEET,• THENCE N 13°3122' W, A DISTANCE OF 45.00 FEET, SAID POINT BEING 55.00 FEET PERPENDICULAR TO SAID NORTH; THENCE N 76°28'38• E PERPENDICULAR AND PARALLEL TO SAID NORTH LINE, A DISTANCE OF 78.75 FFET TO THE WEST RIGHT OF WAY LINE OF INDIAN RIVER DRIVE; THENCE S 25°40'20' E ALONG SAID WEST RIGHT OF WAY LINE, A DISTANCE OF 56.26 FEET TO THE POINT OF BEGINNING. CONTAINING 6,053 SQUARE FEET MORE OR LESS. 2. THIS SKETCH EXISTS SOLEY FOR THE PURPOSE OF ILLUSTRATING THE LEGAL DESCRIPTION. 3. ALL DIMENSIONS ARE CALCULATED UNLESS OTHERWISE NOTED. 4. THIS SKETCH MEETS THE FLORIDA STANDARDS OF PRATICE SET FORTH BY THE FLORIDA BOARD OF LAND SURVEYORS, PURSUANT TO CHAPTER SJ -17.050, FLORIDA ADMINISTRATIVE CODE, PURSUANT TO SECTION 472.027, FLORIDA STATUTES PREPARED BY: CECRLE LAND SURVEYING, INC. FLORIDA LAND SURVEYING BUSINESS #6637 10749 HIGHWAY U.S. 1, SUITE A SEBASTIAN, FLORIDA 32958 PHONE 772-388-0520 FAX 772-388-2012 THE SKETCH OF LEGAL IS NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA, LICENSEUURVEYOR1APPER. (/ 4-30-2015 THOMA31MMALLCECRLE, P.L.5. 4896 I SKETCH OF LEGAL DESCRIPTION 4-30-2015 1 SCALE i'=20' 1 FIELD BOOK rVa I SHEET 1 OF 1 I PROJECT NUMBER 15-107 '