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HomeMy WebLinkAbout1996 - Easement 512-Louisiana Ave IntersectionRESOLUTION NO. R-96-44 A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, PERTAINING TO u t tLITY EASEMENTS; GRANTING AN EASEMENT TO INDIAN RIVER COUNTY TO FACILITATE DRAINAGE IMPROVEMENTS FOR THE INTERSECTION OF CR 512 AND LOUISIANA AVENUE; AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST, ON BEHALF OF THE CITY, THE GRANT OF EASEMENT; PROVIDING THAT THE GRANTEE SHALL RECORD THE EASEMENT AND FURNISH A COPY OF THE RECORDED INSTRUMENT TO THE CITY CLERK; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Indian River County (the "Grantee") has requested an easement from the City of Sebastian (the "Grantor") to facilitate drainage improvements for the intersection of CR 512 and Louisiana Avenue; and WHEREAS, the legal description for the easement to be granted to Indian River County has been reviewed and approved by the City of Sebastian Public Works Director, the City Attorney and Indian River County Surveyor, Charles Cramer; and WHEREAS, Indian River County Public Works Director, upon receipt of the executed grant of easement, will record and return a copy of the recorded easement to the City Clerk for the City of Sebastian; and WHEREAS; Indian River County, upon completion of the improvements, will require that the contractor restore the area excavated for the drainage pipes to as good or better condition than before; and WHEREAS, a public purpose is served by the granting of the easement to Indian River County. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, that: Section EASEMENT DESCRIPTION. The City Council of the City of Sebastian, Indian River County, Florida, hereby grants an easement, identified as Exhibit "1" to this Resolution, further described in Exhibit "A" to the Grant of Easement and made a part hereof, to Indian River County to facilitate drainage improvements for the intersection of CR 512 and Louisiana Avenue. 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 Grantee shall record this easement in the Official Records of Indian River County, Florida, 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. 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 it 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 this Resolution without said invalid and unconstitutional provision, thereby causing said remainder to remain in full force and effect. Section 6. &e r j.CTIVE DATE. This Resolution shall take effect immediately upon final passage. The foregoing Resolution was moved for adoption by Councilmember The motion was seconded by Councilmember and, upon being put to a vote, the vote was as follows: 2 Mayor Louise R. Cartwright ay 2 Vice -Mayor Walter W. Barnes Councilmember Norma J. Damp (,p Councilmember Raymond Halloran 44 Councilmember Richard J. Taracka CQL_ J The Mayor thereupon declared this Resolution duly passed and adopted this J -'L4 day of $1996. CITY OF SEBASTIAN, FLORIDA By: , I Louise R. Cartwright, Mayor ATTEST: Kathryn . O'Halloran, CMC/AAE City Clerk (Seal) Approved as to Form and Content: Valerie Settles City Attorney 3 EASEMENT This GRANT OF EASEMENT, made and executed this 5A day of J&AA. , 1996, by the CITY OF SEBASTIAN, FLORIDA, a municipal corporation existing under the laws of the State of Florida, the mailing address of which is 1225 Main Street, Sebastian, FL 32958, hereinafter called GRANTOR*, to INDIAN RIVER COUNTY, FLORIDA, a political subdivision of the State of Florida, the address of which is 1840 25th Street, Vero Beach, FL 32960, hereinafter called GRANTEE*, *Whenever used herein the term GRANTOR and GRANTEE include all parties to this instrument and their heirs, legal representatives, successors, and assigns. WITNESSETH: That GRANTOR for and in consideration of the sum of ONE DOLLAR and other consideration, receipt of which is hereby acknowledged, does hereby grant, bargain, sell, alien, remise, release, convey, and confirm unto the GRANTEE a perpetual easement for DRAINAGE PURPOSES on, over, across, and beneath the following described land, situate in Indian River County, Florida, to -wit: EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF And GRANTOR hereby covenants with said GRANTEE that it is lawfully seized of said servant land in fee simple, and that it 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 WBEREOF, the GRANTOR has herein set its hand and seal the day and year first above written. Si ed, sealed, and delivered WitnesdSignatufe '/&U, A. rin d Name Witness Signature e� t, �• • -mac: r Printed Name CITY OF SEBASTIAN, FLORIDA By:., 4441 �Z4/_ l•�JL Louise R. Cartwright, May, ' ATTEST: Kathryn M. O'Halloran, CIVIC/AAE City Clerk EXHIBIT "i" STATE OF FLORIDA COUNTY OF INDIAN RIVER The foregoing instrument was sworn to and subscribed before me this day of��,� 1996, by-� a�, , . /�' t'��r.:. -;,� as of the CITY OF SEBtSTIAN, FLORIDA, a municipal corporation 9xisting under xfie laws of the State of Florida, on behalf of said corporation. She is personally known to me or produced as identification. My Commission Expires: Notary Public I/ Printed Name Commission No.: `•"!:'�: H. JOANNE SANOBERG M'f COMMIM10N # cc 3MMI M4 = WEB: Aar!130. 1%% . F = Swded rnm ,., ,,� s h',gyS� o� o �•,6a Mcy Scale' o pF • z �E�ERAN BARS 3 FpR�GEL �O. o n o. 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Ft- 32860 CcoR'. sketch M`n<<"v Be C ocles AErot tr eets t\ -%e 72• St. Vec° l • f locido sketcr Chopte 25ti 1 Gpp at of kris to f .S• 1840 56l ,8 kbo ort 4084 ool) S M. Reg - A• Cc° vn y S"Nejoi .bodes e` Co t lndion Rev City of Sebastian 1225 MAIN STREET 13 SEBASTIAN, FLORIDA 32958 TELEPHONE (561) 589-5330 0 FAX (561) 589-5570 June 7, 1996 James W. Davis, P.E. Public Works Director Indian River County 1840 25th Street Vero Beach, FL 32960 RE: Resolution No. R-96-44 - Grant of Easement to Indian River County Dear Mr. Davis: The Sebastian City Council, at its June 5, 1996 Regular Meeting, adopted Resolution No. R-96- 44 authorizing execution of a Grant of Easement for CR 512 Corridor Improvements to Indian River County as requested. Enclosed please find the original executed Grant of Easement with Exhibit A and a copy of Resolution No. R-96-44. Please return to us a copy of the recorded Grant of Easement. If you have any questions, please do not hesitate to contact me. K�Sincerely, /�� / �oran CMC City Clerk cc: Thomas Frame, City Manager Richard Votapka, Public Works Director Robert Massarelli, City Planner BOARD OF COUNTY COMMISSIONERS 1840 25th Street, Vero Beach, Florida 32960 CERTIFIED MAIL Telephone: (407) 567-8000 March 29, 1996 Thomas Frame Sebastian City Manager 1225 Main Street Sebastian, FL 32958 Subject: CR512 Corridor Improvements Dear Mr. Frame: n APR 1996 Received City Managers Unice Please find enclosed with this letter a document to convey an easement to Indian River County for the construction of drainage improvements for the intersection of CR512 and Louisiana Avenue. Construction is expected to begin this summer. This matter has been discussed with Mr. Rica Votapka of the city. We are also sending a similar agreement to the American Legion requesting an easement across their property at this location as well. Please be advised that we will require that the contractor restore the area excavated for the drainage pipes to as good, or better condition than before. If you have other concerns, please advise us at this time so that we can set them out in our special provisions for this work. We request that the city execute this easement, through the appropriate procedures, and we will return a copy of the recorded easement to the city for your files. If you have any questions, please call me, or Roger Cain, County Engineer at 567-8000 extension 245, or extension 221 respectively. Again we thank you for your cooperation in this matter. Sincerely, �) Jattteg W. Davis, P.E. Public Works Director f"'RDC/JWD:gfk Enclosure cc: R. Wayne Westerman, P.E. Rich Votapka, P.E., City of Sebastian Public Works Director file C:\ W P60\DATA96\512COSEA.RDC City of Sebastian 1225 MAIN STREET o SEBASTIAN, FLORIDA 32958 TELEPHONE (407) 589-5330 o FAX (407) 589-5570 May 9, 1996 Ms. Valerie Fernandez Settles 4125 Pinta Court Coral Gables, F133146 <�(� . - YJ C� 0--- r Y - ti -17 o�°jr RE: Proposed Drainage Easement Along the East and North Side of the City of Sebastian Public Works Compound Dear Ms. Settles: Indian River County has sent us the attached easement along with a sketch dated May 7, 1996 in reference to the above for our review and comment. The Public Works Department has obtained copies of the following deeds from the City Clerk and County Property Appraiser's office to provide supporting documentation for the legal description of the easement: 1) Warranty Deed dated October 15, 1995 between J. L. and Annie Councill and the City of Sebastian conveying 9.28 acres to the City in the SE 1/4 of SW 1/4, Section 62 Township 31 South, Range 39 East, lying southeast of the Fellsmere Railroad Right-of-way. 2) Warranty Deed dated April 20, 1948, deeding a parcel of land 300 ft x 300 ft from the City of Sebastian to the Charles L. Futch American Legion Post No. 189 in the SE 1/4 of SW 1/4, Section 6, Township 31 South, Range 39 East. 3) Warranty Deed dated March 20, 1954, deeding a parcel of land to the Charles L. Futch American Legion Post No. 189 from the City an additional 133 feet to the already existing 300 foot square property in the SE 1/4 of the SW 1/4 of Section 6, Township 31 South, Range 39 East. 4) Quit -Claim Deed dated May 3, 1985, from the City of Sebastian to Post No. 10210 Veteran's of Foreign Wars deeding Parcels 1, 2, and 3 all lying in the SE 1/4 of the SW 1/4 of Section 6, Township 31 South, Range 39 East. Also, attached is a copy of the Indian River County Tax Map which shows the location of the Department of Public Works compound in relation to the American Legion Property. I have made my comments in red on the easement document and sketch as attached, and have already discussed them today with Charles Cramer, County Surveyor. On the easement, I deleted "A.D." after the date and revised the mailing address from "Post Office Box City Hall" to "1225 Main Street". On the sketch, I revised the spelling of "Vetrans" to "Veterans". Mr. Cramer and I traced the wording of the legal description in accordance with the deeds and found all to be in proper order with the exception of the distance of 1,176.96 feet in the preamble for the True Point of Beginning for the May 3, 1985 deed from the City to the VFW for Parcels 1, 2, and 3. Even though the distance is in error by 214.78 feet, the tie to the described monument found by the County supersedes the distance. Thus, the South Line of Parcel No. 3 of the Veterans of Foreign Wars is coincidental with the north line of the 15 foot drainage easement. --�' approval of the legal wo �._ Please review the RBV/lk the joint review I had with Charles Cramer, I would recommend r the easement to be granted by the City for drainage purposes. as soon as possible, so that the easement can be executed soon. cc: Thomas Frame, City Manager (Letter 512ease Sincerely, Richard B. Votapka, PE Public Works Director BOARD OF COUNTY COMMISSIONERS 1840 25th Street,, Vero Beach, Florida 32960 Telephone: (407) 567-8000 May 8, 1996 Rich Votapka, P.E. Public Works Director City of Sebastian 1225 Main Street Sebastian, FL 32958 Subject: Easement with City of Sebastian for CR512 Drainage over City of Sebastian Nblic Works Compound Dear Mr. Votapka: Here is the new description of the easement for the above project based on a survey by Morgan & Eklund prepared by Charles A. Cramer, PLS, County Surveyor. Please replace existing description with the new description. If av you h,- any questions, please call me at 567-8000, extension 221, or Charlie Cramer J ""Y at exte io 386. S' cerel 52 Rok* D. Cain, P.E. County Engineer W�-- Attachment cc: James W. Davis, P.E., Public Works Director Charles A. Cramer, PLS, County Surveyor Thomas Frame, Sebastian City Manager file CAW MDATA96\512COSEBADC .li Lr,/ •, a•, as •:•..a ♦•,.. .•:ry afa3 ,: ) Fla..v K County Road 512 Corridor Improvements Tax ID #06-31-39-00000-5000-00024.0 E A S E M E N__T' -.._� r,,,�i Ll�9G ✓ 11s. C. Cr�wMr aF /, a r.. This GRANT OF EAS MENT,- made and execute this day of by the CITY OF SEBASTIAN, FLORIDA, a municipal corporation existing under the laws .of the State of Florida, th mailing address of which is r 1,ASebasti FL 32958, hereinafter called GRANTOR*, to INDIAN RIVER COUNTY, FLORIDA, a political subdivision of the State of Florida, the address of which is 1840 25th Street, Vero Beach, FL 32960, hereinafter called GRANTEE*, *Whenever used herein the term GRANTOR and GRANTEE include all parties to this instrument and their heirs, legal representatives, successors, and assigns. W I T N E S S E T H: That GRANTOR for and in consideration of the sum of ONE DOLLAR and other consideration, receipt of which is hereby acknowledged, does hereby grant, bargain, sell, alien, remise, release, convey, and confirm unto the GRANTEE a perpetual aaeement for DRAINAGE PURPOSES on, over, across, and beneath the following described land, situate in Indian River County, Florida, to -wit: EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF And GRANTOR hereby covenants with said GRANTEE that it is lawfully seized of said servient land in fee simple, and that it 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 herein set its hand and seal the day and year first above written. Signed, sealed, and delivered sign - Witness printed name: sign Witness printed name: �- CITY OF SEBASTIAN, FLORIDA Bim-... (name and title: _. 1 (page one of two) STATE OF FLORIDA COUNTY OF INDIAN RIVER The foregoing instrument was sworn to and subscribed before me this day of , 1996, by as of the CITY OF SEBASTIAN, FLORIDA, a municipal corporation existing under the laws of the State of Florida, on behalf of said corporation. S/he is personally known to me or produced as identification. My Commission Expires: sign Notary Public printed name: Commission # City of Sebastian 1225 MAIN STREET 13 SEBASTIAN, FLORIDA 32958 TELEPHONE (407) 589-5330 13 FAX (407) 589-5570 MEMORANDUM DATE: May 24, 1996 TO: City Manager Thomas Frame - PROMPT ATTENTION REQUIRED FROM: Richard Votapka, Public Works Director la SUBJECT: Proposed Drainage Easement Along the East and North Side of the City of Sebastian Public Works Compound as Requested by Indian River County ------------------------------------------------------------ Following the receipt of the revised legal description from County Surveyor Charles Cramer, I sent the easement documentation to City Attorney Valerie Settles for her review and comment. She returned my May 9, 1996 letter to her with the comment "legal wording (for the easement) is approved. "Therefore, I recommend that you have the City Clerk direct her staff to prepare the Grant of Easement for the Mayor's signature with the appropriate signature lines, the correct City address, and the attachment of the May 13, 1996 easement drawing as furnished to us by Charles Cramer, Surveyor for Indian River County. easement k �9'141 I ty 0OP/ Qq t.. O i of 6Q Scole: 'Q 'o, o to of Z v�EFtANSNARS AGN 3 r� ..o o Fq �C�L NO. U-, pA andtost rvn E 4-76.13 on9e 3g EG N�ING. R 8 k N 00'46'O 49 .6 �,� �� , Sg h,p 3� Sade pp1NS GF can Le9i COuntl o the " E i4N 90 10\4 f eet k . to A 'e on R►ver emon k rvn 00-46'Q8 AN LEG Sect►an 6.01 30L1 b°stton of \n6of Seb° Shen N MER�C -OX 7 , distance of Se Records the C►ty r Covn of khe Q.�• ericon te9`On i Governe 5w i �'' ° e ed by kh�j r ►e p0 dee S1of �d,gnt,o -w°Y din h of the 0 P • `c' Line P� O� corner ; 4 0l tin ks conv e 25 bed �n Record s;, v% et govt n w • �CR1F west SE 1 kroc 1 , 90,; descn vblic khe 15 le en rV ko ° 6t (� e South of the a of tw �d 4.8• porcel 301 khe p oink �n ilnt lyin9 eta• p feet norrnol ence °t S�vkh line a west ;page ,tl° lane opage 82� eek to ° P le t to ° P�orrnol t ce of t lrneasvred rnR` the th $4, Sov p8. 90 e d ton -' .r s� along ortlY olon p A• k in the gook �e of 115• 1 �g,14 eosure , a .0 roperkY Sovth c� n weer run loa, E. p recorded ° poin in pR• diskonc nce ° knock" r is frock \-e9ion p t in the lb31-1 en cr 46 deed {eet torecOrdeo4.. w, a ruin line ° dori qr► , forelgr► a �rnericon t to o P°in w o tgg by 49A.61worn 5q 34 Sh �waY of F ns of of kt► 3 lee N sconce of Fo{e'gn line• N andoned;�ight..ol \1eteroI the Vekr°*est line of 416 5t0te a c1� d kerons ole Sou o°d°b e s° n °1 �kh x%ne °tih of khe a ci'skance 1N `r' tre cert�ly o Ve kh oily th e N G• t�ce er c +� ,� plon9�orido RW, along 0,000 the S° tion N° sk 1ine. $EG1N roc lv�th codes t r Srans� 5 ,11 0l the 1 w%kh rodvc tion we en rvn SOF ed k° �t., . l otNe C C4U a r+ ', S 3g west oro%\e of the P an �e9 4, Sh the pOIN er licen�d carr drO%C%% tr 1N9 R � r� N ,oduGtr 34.00 deep west the P�"�r'tche `'W 5 feet to and � oGCvrot � F1or►do �p��,p F�IyG N P `' 8g in9 tis rvn 1 with 1 �4 ° e °1 eY°r it ►s of th PR �1G1� 15 NO 1,x'1 conk Y Shen poro►1 ned SE, a d�stonc not SvN thot 61G11 OS 0 71� P ereto• ,Og' w en:%o °st. o. sio, and r P C th X46 alorem 1ine� E Floud proles n. o to10) P�s�o Ch P Sw •�COrner of a of khe a Sovth River C°vn� re9'stered SupeN bed in Sw \.ot I 9 lin pao(A tt► Indian 1 oR` ° irnR`ea toy desc QQ,ke / Sec. 6,3 ,3 LY►n9 in cef0 Qde Undncartskondar 11�� �' r, hem by wo5irr' sr' Seth 1- 32960 Gam`" A• C kbs e tine ''n Ver° Beoch, F 1, CF�orid0, jeS tech n'+e ts opter 472 5 0 th 5t, • o� of kr`S to � 5 Cr ,l a40 g6� X804 t ursoont 4094' �407; P 5 � Reg• � Cromer, SvrveYOr orles �'' COU(M na`on Rover City of Sebastian 1225 MAIN STREET o SEBASTIAN, FLORIDA 32958 TELEPHONE (407) 589-5330 o FAX (407) 589-5570 AGENDA TRANSMITTAL SUBJECT: Granting of Drainage Easement Along the East & North Side of the City's Public Works Compound Requested by Indian River County For CR 512 Corridor Improvements Approval For Submittal By: City Manager EXPENDITURE REQUIRED: AGENDA NO 910. /// Dept. Origin: City Managed j Date Submitted: 5/30/96 For Agenda Of: 6/05/96 Exhibits: -Resolution R-96-44 -Grant of Easement AMOUNT BUDGETED: SUMMARY APPROPRIATION REQUIRED: Attached, please find a memorandum from Richard Votpaka, Public Works Director, relative to the request that I had received on March 29, 1996 from Mr. James Davis, Public Works Director for Indian River County. In essence, the County has requested the granting of an easement adjacent to the City's Public Works Compound in order to facilitate drainage improvements which will be part of the intersection improvements at Louisiana Avenue and County Road 512. The matter has been appropriately reviewed by Public Works and appropriate legal staff. RECOMMENDATION Move to approve Resolution R-96-44 for the authorization of the Mayor to execute the easement granting the requested easement to Indian River County.