HomeMy WebLinkAboutR-15-17 Grant of Easement - GreasonRESOLUTION NO. R-15-17
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, PERTAINING TO UTILITY EASEMENTS;
RETROACTIVELY AUTHORIZING EXECUTION OF A GRANT OF
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; PROVIDING FOR RECORDING;
PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY;
AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, on May 13, 2015, Resolution R-15-12 was approved by the City Council of
the City of Sebastian, Florida, creating a non-exclusive utility easement in Blocks 1 & 2, Carroll
Roberts Subdivision on property owned by the City of Sebastian at 700 Main Street; and
WHEREAS, the City granted use of the utility easement to Indian River County, a
political subdivision of the State of Florida, through a Grant of Easement, as recorded in the
Official Records of Indian River County in Book 2847, Page 1923; and
WHEREAS, the City now wishes to grant use of the utility easement as well to the
property owners of the adjacent parcel of land located at 1206-1210 US Highway #1, Robert and
Ronna Greason, for access to the utility lines along Indian River Drive, and installation and
maintenance of a utility connection to their property;
NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
SEBASTIAN, as follows:
Section 1. EXECUTION. The City Council of the City of Sebastian does
hereby authorize the Mayor of the City of Sebastian, Indian River County, Florida, to sign, and
the City Clerk to attest, on behalf of the City of Sebastian, the GRANT OF EASEMENT
identified as Attachment "1" to this resolution, and which easement is described and indicated
specifically as the shaded area on Exhibit "A" to the Grant of Easement.
Section 2. 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 3. 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herewith are hereby repealed.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 Hill
The motion was seconded by Councilmember Adams and, upon being put into a
vote, the vote was as follows:
Mayor Richard Gillmor
Vice -Mayor Jerome Adams
Councilmember Andrea Coy
Councilmember Jim Hill
Councilmember Bob McPartlan
aye
aye
aye
aye
ave
The Mayor thereupon declared this Resolution duly passed and adopted this 24th day of
,Tune .2015
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Sally A. Maio MC
City Clerk
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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
�lr�L2- 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
ATTEST 3120150035970
-� RECORDED IN THE PUBLIC RECORDS OF
JEFFREY R SMITH, CLERK OF COURT
INDIAN RIVER COUNTY FL
By. BK: 2854 PG1099 Page 1 of 3 6/12/2015 11 27 AM
Sally A. aio MMC D DOCTAX PD $0.70
City Clerk,
STATE OF FLORIDA
COUNTY OF INDIAN RIVER
The foregoing instrument was acknowledge before me this I I+h day of
Gth Z , 2015 by Richard Gillmor, Mayor, and Sally Maio, MMC, City Clerk of the
City of Sebastian, who are personally know to me.
(SEAL):
NOTARY PUBLIC
rinted name: Te-TeWi I li amS
Commission No: FF 18& K S 5
Commission Expiration: 2128/2014
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OFFICIAL RECORD
BOOK 1546, PAGE 532
OFFICIAL RECORD
BOOK 1880, PAGE 1268
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STETCH OF LEGAL DESCRIPTION---' 1 HIGHWAY
(NOTA BOUNDARY SURVEY) S 'ice, pIGHF OF WAy�
SURVEYORS NOTES: U
1. THIS SKETCH OF LEGAL DESCRIPTION WAS PREPARED
BASED UPON THE NORTH LINE OF PARCEL 1 AS S 76 028'38' 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 LICENSER SURVEYOR AND MAPPER.
( ( f[ ) l� 4-30-2015
THO L CECRLE, P.L.S. 4896
BEGINNING AT THE NORTHEAST CORNER OF PARCEL 1 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 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 76028'38' E PERPENDICULAR AND PARALLEL TO SAID
NORTH LINE, A DISTABCE OF 140.00 FEET, THENCE N 13031'22' W,
A DISTANCE OF 45.00 FEET, SAID POINT BEING 55.00 FEET
PERPENDICULAR TO SAID NORTH; THENCE N 76028'38' E
PERPENDICULAR AND PARALLEL TO SAID NORTH LINE, A
DISTANCE OF 78.75 FFE7 TO THE WEST RIGHT OF WAY LINE
OF INDIAN RIVER DRIVE; THENCE S 25040'20' 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 i'=20' 1 FIELD BOOK n7a I SHEET I OF 1 I PROJECT NUMBER 15-107