HomeMy WebLinkAbout1989 - Southern Bell EasementR�
IQ =moo Coe,(
.'e A Fom(1244)
8416
��.598QJ In. C, Section 836317-901SB
A BfLLS(X/1N
Right Of Way Easement
Inconsideration of the sum of money hereinafter set out and other good and valuable consideration, the adequacy and receipt of which is
hereby acknowledged from the Southern Bell Telephone and Telegraph Company, the undersigned, owner(s) of the premises described
below, do hereby grant to the Southern Bell Telephone and Telegraph Company, Its licensees, agents, successors, assigns, and allied and
associated companies, a right of way easement to construct, operate, maintain, add or remove such lines or systems of communications or
related services as the grantee may require, consisting of:
(1) Poles, guys, anchors, aerial cables and wires;
(2) Burled cables and wires, cable terminals, markers, splicing boxes and pedestals;
(3) Conduits, manholes, markers, underground cables and wires;
(4) And other amplifiers, boxes, appurtenances or devices
upon over and undera strip of lana feet wide across the following lands in Indian River rounty, State of
Florida generally described as follows:
See F>rhi},it "A"
and, to the fullest extent the undersigned has the power to grant, if at all, over, along and under the road a, streets or highways adjoining or
through said property.
The following rights are also granted: to allow any other person or company to attach wires or lay cable or conduit within the right of
way for communications or electric power transmission or distribution, Ingress and egress to said premises at all limes; to clear the land
and keep It cleared of all trees, undergrowth or other obstructions within the easement area; to trim and cut and keep trimmed and cul all
dead, weak, leaning or dangerous trees or limbs outside of the easement area which might Interfere with or fall upon the lines or systems
of communications or power transmission or distribution.
.� The receipt of ani+ 1180 Dollars ($ ) Is hereby acknowledged by the
undersigned.
To have and to hold the above granted easement unto Southern Bell Telephone and Telegraph Company, Its successors and assigns
forever.
IN WfTNESS,WIJEREOF, the undersigned has signed on FF Q • 2Z 19 IV? ' //.�- ,/
Signed, sealed apd'�feliJered �, � ` L.S.
In the 9resonce oti Name: +
Mayor
L.S.
. lness Name:
•� n
A
11,11 U C1. '1
Attest: t��""�����
Corporate Officer
n L
($e.L I
�uorr a3-1
330 oKe.ec!-obesz�
`-E5 I-:7
I
Citv of Sebct'
flame oCorporation
By:(A I - -2,) �-
Title: S'M•+, CN ck IN VY71—, i
William G. CAllaaher
Southern Bell Representativ@ i
1
4
Southern Bell Authority Number
1�
0. R. 830 P6 2363
"n:-
Fi
o -
W
0. R. 830 P6 2363
POINT
OF
COMMENCEMENT
FDD. NAL
Exararr 'A"
LEGAL FfRIPTION
SOUTHERN BELL EASi•mm
A portion of Tract "F," Block 208, Sebastian Highlands, Unit 10 as
recorded in Plat Book 6, Page 37-J, Public Records of Indian River
County, Florida; and more fully described as follLms:
Comnencim at the centerline intersection of Barber Street (100' right-of-
way) and Tulip Drive (80' right-of-way), proceed S 55°39'40" W along the
centerline of Tulip Drive, a distance of 258.72 feet to a point; thence
N 34020'20" W, a distance of 40.00 feet to a point on the northerly right-
of-way line of Tulip Drive, said point being the POINT -OF -BEGINNING of the
herein described parcel; thence S 55°39'40" W alor� said northerly right-of-
way line, a distance of 20.00 feet; thence N 34020 20" W, a distance of 10.00
feet; thence N 55039'40" E parallel with said northerly right-of-way line of
Tulip Drive, a distance of 20.00 feet; thence S 34°20'20" E, a distance of
10.00 feet to the POINT -OF -BEGINNING. Subject to any easements and/or rights -
of -ways of record and being further subject to the findings of a valid survey.
Containing 200 square feet, mire or less
D, INC.
.. 7A. It
r. n.r,00
NOTES:
1. Lands sham hereon were not abstracted for rights-of-way, easements
of record or amership.
2. lois sketch of lcvl description is not valid unless sealed with an
embossed surveyors seal.
3. This is not a boundary survey.
rrm.m:rsn:w.. nom- ..
tN.Mi0.4 MIM/KQM
'O�Ctlp Mp 1IY. A<,
ftOtlaW.11KI MO
TNM. \
'OWt[}}.��.tYY1 fMGWl Y�,IY �
�Y''K/yMj _ .
r daa.o.•...., P.LW.
SKETCH OF
LEGAL DESCRIPTION
FOR
SOUTHERN BELL
o.a®Ir .tlOfor • M
C.C. 1 I,R: 92, Py 38
r � -
2'
J
9r
L7
RESOLUTION NO. R-89-11
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, PERTAINING TO UTILITY EASEMENTS;
GRANTING AN EASEMENT TO THE SOUTHERN BELL TELEPHONE &
TELEGRAPH COMPANY FOR THE INSTALLATION OF TELEPHONE
EQUIPMENT ON A PARCEL OF LAND LOCATED AT THE SOUTHEAST
CORNER OF THE BARBER STREET SPORTS COMPLEX, LYING IN
SEBASTIAN HIGHLANDS UNIT 10; DIRECTING THAT THE MAYOR
SHALL EXECUTE SAID LEASE; PROVIDING THAT THE GRANTEE
SHALL RECORD THE EASEMENT AND FURNISH A COPY OF THE
RECORDED INSTRUMENT TO THE CITY CLERK; PROVIDING FOR
REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN
CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the Municipal Home Rule Powers Act and the Charter
of the City of Sebastian grant the City Council the authority to
lease public lands for a public purpose; and
WHEREAS, the City owns property, commonly known as the
Barber Street Sports Complex, located in Sebastian Highlands Unit
10; and
WHEREAS, Ordinance No. 93 of the City of Sebastian, adopted
on May 8, 1969, granted a franchise to the Southern Bell
Telephone & Telegraph Company to use the public streets of the
City for the purpose of erecting, constructing, maintaining and
operating lines of telephone and telegraph thereon and thereunder
until May 8, 1999; and
WHEREAS, a public purpose is served by the furnishing of
telephone and telegraph services.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, that:
SECTION 1. EASEMENT DESCRIPTION. The Council of the
City of Sebastian, Indian River County, Florida, hereby grants an
easement, identified as Exhibit 111" to this Resolution and made a
part hereof, to the Southern Bell Telephone & Telegraph Company
for the installation of telephone equipment on a parcel of land,
approximately ten (10) feet wide by twenty (20) feet long,
located -at the southeast corner of the Barber Street Sports
Complex, more particularly described as Txact F, Block 208,
Sebastian Highlands Unit 10, as recorded in Plat Book 6, Page
37-J, Public Records of Indian River County, Florida.
SECTION 2. EXECUTION. The Mayor of the City of
Sebastian is hereby directed to execute the easement described
herein as agent for the Grantor.
SECTION 3. RECORDING. The Grantee shall record this
easement in the Official Records of Indian River County, Florida,
within ten (10) days after receipt of a fully executed
instrument, and shall provide the Grantor with a copy of the
recorded easement indicating the book and page at which the
easement is recorded.
SECTION 4. CONFLICT. All resolutions or parts of
resolutions in conflict herewith are hereby repealed.
SECTION 5. EFFECTIVE DATE. This Resolution shall take
effect immediately upon final passage.
The foregoing Resolution was moved for adoption by
Councilman A -d 0 The motion was seconded by
Councilman va- and, upon being put to a vote,
the vote was as follows:
Mayor Richard B. Votapka
Vice -Mayor Kenneth Roth _
Councilman Peter Vallone 4
Councilman Robert McCarthy
Councilman George Metcalf
The Mayor thereupon declared this Resolution duly passed and
adopted this day of 1989.
CITY OF SEBASTIAN, FLORIDA
By. /;
vi;�
Richard B. Votapka, Mayor
Attest:
Kathr M. O'Halloran, CMC/AAE
City C erk
(SEAL)
Approved as to Form and Legal Sufficiency:
C
Charles Ian Nash, Esquire
City Attorney
IV
2
P-
@Southem Belt
A BULSOUTH Company
GIQ
Right Of Way Easement
Form 8416
(12.84)
Iss. C, Section 939-347-901SB
In consideration of the sum of money hereinafter set out and other good and valuable consideration, the adequacy and receipt of which is
hereby acknowledged from the Southern Bell Telephone and Telegraph Company, the undersigned, owner(s) of the premises described
below, do hereby grant to the Southern Bell Telephone and Telegraph Company, Its licensees, agents, successors, assigns, and allied and
associated companies, a right of way easement to construct, operate, maintain, add or remove such lines or systems of communications or
related services as the grantee may require, consisting of:
(1) Poles, guys, anchors, aerial cables and wires;
(2) Buried cables and wires, cable terminals, markers, splicing boxes and pedestals;
(3) Conduits, manholes, markers, underground cables and wires;
(4) And other amplifiers, boxes, appurtenances or devices
upon over and under a strip of land feet wide across the following lands in Indian RiVer County, State of
Florida generally described as follows:
See Exhibit "A'
and, to the fullest extent the undersigned has the power to grant, if at all, over, along and under the roads, streets or highways adjoining or
through said property.
The following rights are also granted: to allow any other person or company to attach wires or lay cable or conduit within the right of
way for communications or electric power transmission or distribution• ingress and egress to said premises at all times; to clear the land
and keep it cleared of all trees, undergrowth or other obstructions within the easement area; to trim and cut and keep trimmed and cut all
dead, weak, leaning or dangerous trees or limbs outside of the easement area which might interfere with or fall upon the lines or systems
of communications or power transmission or distribution.
The receipt of and 1100 Dollars ($ ) is hereby acknowledged by the
undersigned.
To have and to hold the above granted easement unto Southern Bell Telephone and Telegraph Company, Its successors and assigns
forever.
IN WITNESS WHEREOF, the undersigned ha_ signed on
Signed, sealed and delivered
In the presence of:
Attest:
Witness
Witness
Corporate Officer
,19
L.S.
Name:
Name:
Name of Corporation
By:
Title:
William G. Gallacher
Southern Bell Representative
Southern Bell Authority Number
L.S.
City of Sebastian
POST OFFICE BOX 780127 o SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330
March 1, 1989
James Kiernan
Manager - Engineering
Southern Bell
3300 Okeechobee Road
Room 237
Fort Pierce, FL 34947
Dear Mr. Kiernan:
The Sebastian City Council, at their February 22, 1989 Regular
Meeting, adopted Resolution No. R-89-11 granting a utility
easement to Southern Bell.
The executed easement, survey map with legal description and a
copy of the resolution are enclosed for recording.
Please return a copy of the recorded documents to this office
when completed.
Sincerely,
Kath M. O'Halloran
City Clerk
sam
Enclosures
NABH & FALLACE, P.A.
ATTORNEYS AT LAW
CHARLE93 IAN NASH
JAMES H. FALLAOE
KAREN J. SESBEAU
PAUL J. KREUZKAMP, JR.
• HOARD CERTIFIED IN
ESTATE PLANNING AND PROBATE
February 16, 1989
VIA FACSIMILE
Robert S. McClary, City Manager
City of Sebastian
Post Office Box 780127
Sebastian, Florida 32978-0127
RE: Resolution granting easement
Telephone & Telegraph Company
Our File #88-2496
Dear Robb:
930 S. HARBOR CITY BLVD.
SUITE 606
MELBOURNE, FLORIDA 32901
(407) 984-5900
FAS (407) 951-3741
to Southern Bell
Enclosed is the final draft of proposed Resolution R-89-11
providing for the granting of an easement to the Southern Bell
Telephone & Telegraph Company for the erection of telephone
equipment on a parcel of land located in the southeast corner of
the Barber Street Sports Complex. Please note that I have
prepared the Resolution in such fashion as to require Southern
Bell to record the easement at their own expense and provide the
City with a copy of the recorded document, indicating the book
and page number of the official records.
Should you have any questions, please do not hesitate to contact
me.
Very truly yours,
NASH & FALLACE, P.A., ATTORNEYS
FOR THE CITY OF SEBASTIAN
Paul J. Kreuzkamp, Jr.
Assistant City Attorney
PJK/nch
Enclosure
/A1
City of Sebastian
POST OFFICE BOX 780127 O SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330
February 15, 1989
TO: Richard B. Votapka
Mayor and Sebastian City Council
THRU: RObert S. McClary
City Manager
FROM: Horry T. Johns, P.E.T✓
City Engineer/Public Works Director
RE: Southern Bell Request for Utility Easement
I have reviewed Southern Bell's request for a
10 ft x 20 ft utility easement at Barber Street Park and
do not have any objections. The proposed location and
use are acceptable.
City of Sebastian
POST OFFICE BOX 780127 o SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330
February 14, 1989
To; Sally A. Maio, Deputy City Clerk
FROM: Jean M. Tarbell, City Manager's office"
RE: Consent Agenda 2/22/89 Meeting / Southern Bell Right -of -Way Easement
The referenced item is to be placed on the 2/22/89 Consent Agenda. You will
be receiving a Resolution from City Attorney Nash as back up.
/jmt
..
James Kiernan
Manager - Engineering
January 25, 1989
Mr. Jerry Thomas
Public Works Director
City of Sebastian
P.O. Box 780127
Sebastian, Florida 32978
AON @
Southem Bell
3300 Okeechobee Road, Room 237
Fort Pierce, Florida 34947
468-5503, 562-9901
RE: Southern Bell Telephone & Telegraph Company Request
for Utility Easement.
Dear Jerry,
Per our discussion with Rob McClary, City Manager, we are
resubmitting our proposal for a utility easement for Southern
Bell.
I am forwarding with this letter, a legal description and form
8416, Right -of -Way Easement, for said easement.
If all is in order please have document (Form 8416) signed by
powers to be, notarized and return to my office. I will have it
recorded and returned to you for your records.
If more assistance is required please call W. G. Gallaqher at
5.62-9901.
Sincerely,
Manager
WGG:rcm
Attachments:
A BELISOUTH company
Form 8418
i (12-04)
to Southe � B6� Iss. C, Section 939347-901SB
A MUSOUTH Company
Right Of Way Easement
In consideration of the sum of money hereinafter set out and other good and valuable consideration, the adequacy and receipt of which is
hereby acknowledged from the Southern Bell Telephone and Telegraph Company, the undersigned, owner(s) of the premises described
below, do hereby grant to the Southern Bell Telephone and Telegraph Company, its licensees, agents, successors, assigns, and allied and
associated companies, a right of way easement to construct, operate, maintain, add or remove such lines or systems of communications or
related services as the grantee may require, consisting of:
`..� (1) Poles, guys, anchors, aerial cables and wires;
(2) Buried cables and wires, cable terminals, markers, splicing boxes and pedestals;
(3) Conduits, manholes, markers, underground cables and wires;
(4) And other amplifiers, boxes, appurtenances or devices
upon over and under a strip of land feet wide across the following lands In IxidiM River
Florida generally described as follows:
u
See Ec it "An
County, State of
and, to the fullest extent the undersigned has the power to grant, if at all, over, along and under the roads, streets or highways adjoining or
through said property.
The followin rights are also granted: to allow any other person or company to attach wires or lay cable or conduit within the right of
way for communications or electric power transmission or distribution, Ingress and egress to said premises at all times; to clear the land
and keep It cleared of all trees, undergrowth or other obstructions within the easement area; to trim and cut and keep trimmed and cut all
dead, weak, leaning or dangerous trees or limbs outside of the easement area which might interfere with or fail upon the lines or systems
of communications or power transmission or distribution.
The receipt of and 1180 Dollars (S ) is hereby acknowledged by the
undersigned.
To have and to hold the above granted easement unto Southern Bell Telephone and Telegraph Company, its successors and assigns
forever.
IN WITNESS WHEREOF, the undersigned ha signed on
Signed, sealed and delivered
In the presence of:
A<lnab�,L-0 )44
fitness
W*ess
Attest:
Corporate Officer
ON
By.
,19
��o►r V44 L.S.
Name:
Mayor
L.S.
Name:
Citv of Serial
Name of Corporation
Title:
William G. Callaaher
Southern Bell Representative
Southern Bell Authority Number
SECTION 13
SECTION 24
t,
I ACRE PCRT;CN
IN THE SOUTHEASTERLY ;ORNER
OF TRACT "F.*
P_ Off\
°4�
00 J
�4.
4P
POINT
OF
COMMENCEMENT
FND. NAIL
I,nti
EXHIr�II
L.E(AL DESCR I P OL4
FOR
SmT '_E�V c_ ; I
A portion c)[ 'I°ract "F." i3 �x<
roc- -
�L- =a:arid aoeW ftilr desr Irwu=� 2iv�:
ibed s
- i i mci g at the centf rlire inters-ecti' n Of Barbe-r Street (lirt�'
,ay) and Tulip Drive (80' right-of-way), proceed S 55°39'40 Wt along the
centarl n- ee of Tulip Drive, a distance of 258. 72 feE_}t to a point; thence
N 34 20 20 W, a distance of 40.00 feet to a point on the northerly right-
of-way line of 'Flip Drive, said point being the P@1Yr-0E-BE'GI�s?1ING of the
herein described parcel_; thence S 55039'40" w al,�,c,4
_ way line, a distance of 20.00 feet; thence 13i-o20`�: said northerly right-of-
way
feet; thence N 55033'40" E parallel with said norther W, a distance of 10.f
Tulip Drive, a distance of 20.00 feet; thence S 34;S20'2 iright-of-way ,slime of
10.00 feet to the POI�►"I' ZO �Q �, a distance of
-0E-BEGI:�M%. Subject to y easc nts and/or rights -
of -ways of record and being ftlrts subject to the findii gs of a valid survey.
Containing 200 square feet, more or 1, ss.
i
NUIES
I. Lands shown hereon ci re not abstracted for rights -of -way, easements
of record or ownership.
2. This sketch of leFl description is not valid unless sealed with an
embossed surveyor s seal.
3. This is not a boundary survey.
1
FF—.; szw:F> "Am tX1F,� n .�rerxrc .L� ny r Ir AS
INC.
me AAC coe�cr ro r w Ar5r cr Ar xavx£c f A.c
R A + �'ys � & E L , I C • M�_ if MC W_ rJ AWAW_ w ?7CV CCa[ J r Ai �crS 1 S£T �
f0►77f Or ryV�1-7wo_ AlO JtAr£ fL COW, SrOPROFESSIONAL St1RVEY CONSULTANTS
200 ♦01% art is" &I. 3.a t cult 3240 u"(Xjj ST tYt
9 SUiit 20t307 ` ��rt20 MACN, St. 32%O 0411 #tLD SLACK ft. 33-1 PALM $AT, tiD SU4Y£ Y;1vssr.zats s03-t2s-aara a0a-rat-7200.1 P.L.W
C.36091-WM.W
LEGALc�1s SKETHOF25 .c0
LEGAL DESCRIPTION imi
-y- BELL
FOR p r 9122 is8
SOU 1 HER L �
r- 2<Y
aec�xv ar f�v arxrr i 't r or
SECTION 13
SECTION 24
TRACT 7"
NAIL
CRIPTIONT
EINSEMEN7
8, Sebastian Highlands, Unit 10 as
-J, Public Records of Indian River
described as follows:
Lon of Barber Street (100' right-of-
0 , proceed S 55'39'40" W along the
)f 2.58.72 feet to a point; th --e
to a point on the northerly ,ght-
being the POINT -OF -BEGINNING of the
)'40" W along said northerly right-of-
?nce N 34.20 20" W, a distanc- -)f 10.00
-h said northerly right-of-wa, -ine of
thence S 34-20'20" E, a distance of
Subject to any easements arid/or rights-
)ject to the findings of a valid survey.
'ess.
NXMS:
I. Lands slxmi hereon were not abstracted for rights -of -way, easements
of record or cm-iership.
2. This sketch of levl description is not valid unless sealed with an
embossed surveyor s seal.
3. This is not a boundary survey.