HomeMy WebLinkAbout1996 - Grant Easement Adams Streeta
RESOLUTION NO. R-96-68
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, GRANTING AN EASEMENT TO DANIEL L
PREUSS, TRUSTEE, AS TO AN UNDIVIDED 30% INTEREST,
BARBARA LYNCH, AS TO AN UNDIVIDED 25% INTEREST,
BARRY COLE AND CHARLOTTE COLE, HIS WIFE, AS TO AN
UNDIVIDED 25% INTEREST, AND ROBERT DACOSTA AND
LINDA DACOSTA, HIS WIFE, AS TO AN UNDIVIDED 20%
INTEREST, AS TENANTS IN COMMON TO FACILITATE
DRAINAGE NV i i riui THE ADAMS STREET RIGHT-OF-WAY;
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 TOIL CITY CLERK; PROVIDING
FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS
IN CONFLICT HERENVITH; PROVIDING FOR SEVERABILITY;
AND PROVIDING FOR AN jr r iLCTIVE DATE.
WHEREAS, Daniel I. Preuss, Trustee, as to an undivided 30% interest, Barbara
Lynch, as to an undivided 25% interest, Barry Cole and Charlotte Cole, his wife, as to an
undivided 25% interest, and Robert DaCosta and Linda DaCosta, his wife, as to an
undivided 20% interest, as tenants in common (the "Grantee") has requested an easement
from the City of Sebastian and the First Union National Bank of Florida (the "Grantor") to
facilitate drainage within the Adams Street right-of-way; and
WHEREAS, the Grantee 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, a public purpose is served by the granting of the easement to the
Grantee,
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, that:
Section 1. 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 Schedule "A' to the grant of Easement and
made part hereof, to Daniel I. Preuss, Trustee, as to an undivided 30% interest, Barbara
Lynch, as to an undivided 25% interest, Barry Cole and Charlotte Cole, his wife, as to an
undivided 25% interest, and Robert DaCosta and Linda DaCosta, his wife, as to an
undivided 20% interest, as tenants in common to facilitate drainage within the Adams
Street right-of-way.
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 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 be 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. This Resolution shall take effect immediately
upon final passage.
The fo egoing Resolution was moved for adoption by Councilmember
The motion was seconded by Councilmemeber
and, upon being put to a vote, the vote was as follows:
Mayor Louise R. Cartwright Gip
Vice -Mayor Walter W. Barnes
Councilmember Norma J. Damp
Councilmember Raymond Halloran
Councilmember Richard J. Taracka 05t,
The Mayor thereupon declared this Resolution duly passed and adopted this
day of 1996.
ATTEST:
Kathryn . O'Halloran, CMC/AAE
City Clerk
CITY OF SEBASIAN, FLORIDA
B
Louise . Cartwright, Mayor
A.
(Seal)
Approved as to Form and Content:
Valerie Settles
City Attorney
Record and return to preparer Recording: 24.5-0 x
of instrument: Deed Stamps: .•70
Total: 2,T.Lp
p Christopher H. Marine, Esq.
17% I` 79 Beachland Boulevard IN THE RECORDS OF
'} Nero Beach, FL 32963 JEFFREY K. BARYON
m li CLERK CIRCUIT COURT
00" cc < 1; INDIAN RIVER CO., FLA.
o "J? i EASEMENT
THIS EASEMENT, made and executed this 47- day of .4 `__, 1996, by
!!FIRST UNION NATIONAL BANK OF FLORIDA, formerly known as THE FIRST
BANKERS, N.A., a Florida corporation, in a corporate capacity and as TRUSTEE under the
terms of a Trust Agreement dated February 8, 1985, and CITY OF SEBASTIAN, a
.municipality of the State of Florida, whose post office address is c/o 500 Beachland
Boulevard, Vero Beach, Florida 32963, and 1225 Main Street, Sebastian, Florida 32958,
respectively, as GRANTOR and DANIEL I. PREUSS, AS TRUSTEE UNDER TRUST
AGREEMENT DATED MAY 24, 1993, as to an undivided Thirty Percent (30%) interest,
BARBARA B. LYNCH, AS TRUSTEE UNDER TRUST AGREEMENT DATED DECEMBER
11, 1986, as to an undivided Twenty Five Percent (25%) interest, BARRY COLE and
CHARLOTTE COLE, HIS WIFE, as to an undivided Twenty Five Percent (25%) interest and
ROBERT DaCOSTA and LINDA DaCOSTA, HIS WIFE, as to an undivided Twenty Percent
(20%) interest, as tenants in common, whose post office address is collectively c/o Post Office
Box 780384, Sebastian, Florida 32978-0384, as GRANTEE:
WITNESSETH, that die Grantor, for and in consideration of the sum of Ten ($10.00)
Dollars and other valuable considerations, the receipt of which is hereby acknowledged, by
Cl
Othese presents does give, grant, release and convey unto the Grantee, its successors and assigns
w w a non-exclusive drainage easement over, upon and across the following described real
¢? z property located and situate in Indian River County, Florida, to the extent that the Grantor has
Oa¢
tuan interest therein:
�-¢a
(L¢w See Schedule "A" attached hereto, by reference incorporated
Oa: 0)_ herein.
0Ow
5.
w91
i The purpose of this conveyance is to permit Grantee rights of drainage within an
O ¢ F- existing ditch located in the easement area described above. Grantee shall not alter or extend
"' O v the existing drainage ditch or pattern. The Grantee shall indemnify and save the Grantor
z m harmless from and against any and all damage, injuries, losses, claims, demands or costs
r3 proximately caused by the fault, culpability, or negligence of the Grantee in the connection
with the exercise of rights conferred herein.
The easements hereby created shall be binding upon the Grantor and the Grantor's
successors in title to all of the above described real property and shall inure to the benefit of
the said Grantee and its successors in title to the following described real property located and
situate in Indian River County, Florida:
Parcel l:
Lot .5, Block 2, W.A. Martins Subdivision, less the Easterly -26.74
feet thereof, according to the Plat thereof as recorded in Plat Book
3, Page 12, of the public records of St. Lucie County, Florida, said
land now lying and being in Indian River County, Florida.
O
Ito
cn
rb
CD
,o
ICA)
ALSO INCLUDING CD
Parcel 2: --
a portion of Government Lot 6, Section 6, Township 31 South, —
Range 39 East, lying between the Florida East Coast Railroad
-o
right of way and U.S. Highway No. 1 right of way being more
particularly described as follows: N
J
N)
J
"iy f
t Commence at the intersection of the South side of Adams Street
and the East side of the Florida East Coast Railroad right of way
which is 13.03 feet South and 108.46 feet East of the Southwest
corner of Government Lot 5, Section 6, Township 31 South,
Range 39 East; run S2312712" E along the East right of way line
' of said Florida East Coast Railroad, 116.20 feet to the point of
beginning, thence continue S23°27'12" E along said right of way
line 142.00 feet to the North line of W.A. Martins Subdivision, as
recorded in Plat Book 3, Page 12, of the public records of St.
Lucie County, Florida; thence N88°05'09" E along the North line
of said W.A. Martins Subdivision, 248.78 feet to the Westerly
right of way line of present day U.S. Highway No. 1, 100 foot
right of way; thence N20°00'00" W along the said Westerly right
of way line, 227.66 feet; thence S67°58'09" W, 245.20 feet to the
point of beginning. Said parcel now lying and being in Indian
' River County, Florida.
SUBJECT TO, and the Grantor hereby reserves all rights of drainage and passage over,
upon and across the easement parcel herein described, for the Grantor, and .the Grantor's
successors. assigns, lessees, licensees and invitees.
The Grantee is specifically conferred the power and authority either to protect, conserve
,land to sell, or to lease, or to encumber, or otherwise to manage and dispose of the real
property described above, mid All other powers mid authority grunted under Chapter 689.071,
' i Florida Statutes.
The City of Sebastian joins in this grant of easement as Grantor for the sole purpose
11 of granting drainage rights in favor of Grantee over that portion of the existing ditch located
within the "Adams Street" right-of-way. The City of Sebastian makes no covenants or
warranty of title.
This Easement and all rights conferred herein shall terminate and immediately become
of no further force or effect in the event:
(a.) Grantee develops the benefitted parcel referred to above
' in a manner requiring site plan approval from the City of
Sebastian, Florida and installation and placement of new
drainage facilities currently required by land
development ordinances; or
(b.) Grantor develops Grantor's adjacent property in a
manner requiring site plan approval from the City of
Sebastian, Florida and installation and placement of new
drainage facilities currently required by land
development ordinances.
Grantee agrees to execute and deliver a quit -claim deed, or other release instrument
required by Grantor, in recordable form, upon termination of this easement as provided above.
IN WITNESS WHEREOF, the said Grantor has signed and sealed these presents the
day and year first -above written. - ----
Signed, sealed and delivered
in ourp e FIRST UNION NATIONAL BANK
i, OF FLORIDA, formerly known as
THE FIRST BANKERS, N.A., a Florida
corporation, in a corporate capacity and as
Printed Name: Chlistober H. MadnSTRUSTEE under the terms of a Trust
Agreeme t ed Febru, 1985
By-
e President—
i Printed Name
i!
r2rol K. Wilcox
(Corporate Seal)
N
N
co
Louise R. Cartwright
Printed Name: M$yor
Kathryn M. O'Halloran
Printed Name: City Clerk
i
j STATE OF FLORIDA
COUNTY OF INDIAN RIVER
CITY OF SEBAS
of the State of Flc
By
• �-c-
i
t
itl*e ..A
do
. R '' a 4ry,f • 1� ;..., e
(Corporateaoi
�1/Jy r � � � %'• � ' rad 4 c .i ;.
ATTES,�•- 1! i=5 •f , }
City Clerk = '0 "'-fee-?.
,
I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the
State and County aforesaid to take acknowledgments, personally appeared
T ANDREW ARV�y well known to me to be the Vice President of the corporation named
!'in the foregoing instrument and that he severally acknowledged executing the same in the
presence of two subscribing witnesses freely and voluntarily under authority duly vested in
J him by said corporation and that the seal affixed thereto is the true corporate seal of said
icorporation and who did take an oath.
WITNESS my hand and official seal in the County and State last aforesaid this /pl�
day of�, A.D. 1996.
r
I�
tary Public '
1W 'nted Name: Carol K. Wilcox
• mmission No.:
My Commission Expires:
(Notary Seal)
,! 7
STATE OF FLORIDA
•tit My CComm O # CC Y 39
i
,;COUNTY OF INDIAN RIVER
I
I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the
i (Stated County aforesaid to take acknowledgments, personally appeared
� JZI well known to me to be the Mayor of the municipality of the State of
Y P Y
Florida named inthe foregoing instrument and that he severally acknowledged executing the
same in the presence of two subscribing witnesses freely and voluntarily under authority duly
vested in him by said municipality and that the seal affixed thereto is the true corporate seal
of said municipality and who did take an oath.
"SS my hand and official seal in the County and State last aforesaid this /
day ofc: • #-. , A.D. 1996.
•A l
t. �•
.
Notary Puvc _
' Printed Name: Ra A 1
(' j-7 7
Commission No.: e' ¢)
{ My Commission Expires: /0l5 is
:�
(� (Notary Seal)
t►is'''••. SALLY A. MAIO
:.: MY COMMISSION 0 CC 401774
yA •� EKPIRES. October 6, 1998
1 i
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r
W111101111rU NotW Pubft n
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11
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1
SCHEDULE "A"
F',`'C'Rl'lnN
8' WZDI DRAIiYAGE i)fAINTENA YCE EASEJVIE11 T
AN & 00 FOOT WIDE POR77ON OF LAND LY7XG 1N GOVERMIENT L073
S d 6, SECTION 6, TOW'VSHIP 31 SOUTII, RANGE 39 EAST; INDIANRIYER
COUN77, FLORIDA, LOCATED BETWEEN THE FZORlDA EAST COAST
RAILROAD RIGHT OF WAYAND U. S. IHGIHWAY No. I RIGRT OF WAY
BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS.
Co4w.vlE.VajVG AT THE IMERSEMON OF THE SOUTH SIDE OF MADAMS
STREET AND THE E4ST SIDE OF THE FLORIDA EAST COAST RAILROAD
RIGRT OF WAY WHICHIS 13.0.3 FEET SOUTHAND 109.46 FEET EAST OF
THE SOCORNER OF GOVERN VT LOT S, SEC77ON 6,
T OWINSMP 31 SOU, RANGE 39 EAST; RUN S 2.3' 27' 12" E ALONG
THE EAST RIGHT OF WAY MVE OF SAID FLORMA EfI.ST COAST
BALLROAD,116.20 FEET 7.0 TUE NOR?RWEST CORNER OF PARCEL # 2;
THENCE N 67'58` 09" E ALONG THE NORTH LINE OF PARCEL # A.
110.45 FEET TO THE POINT OF BEGINNING OF THE 8 FOOT WIDE
DRAMA GF.:jl- jV EjV 4,VCE EASEMENT LYING 4 FOOT EACH SIDE OF
THE FOLLOWING DESCRIBED LINE; RUN N 15'11' 50" W, 16.83 ,F'E,L?;
THENCE N 16046' 25" W, 67.36 FEET; THENCE N 1331' 59" W; 61.69
FEET; THENCE 1V 12 *08' 59" W, 99.85 FEET; T,hT, WCE S 86 *3?' 06" E
49.33 FEET- TH FjVCE S 32° S6' 28" E, 50.96 FEET; THENCE S 60'26'
01 "E, 12.76 FEET; 7HEi NCE N 70 * 00' 00" Es 9.77 FEET MORE OR LESS
TO THE MAT OF TEB-WNUS AT ME WEST RIGHT OF WAY LINE OF
U. S. RrGIR;4Y No. 1.
PREPARED
BY
MOODY & BRYA•NT MND SURYEYING, INC.
or
r�
JOHN R. GOULD (19214988)
BYRON T. COOKSEY
DARRELL FENNELL
EUGENE J. O'NEEL'
Mr. Robert Massarelli
City Planner
City of Sebastian
1225 Main Street
Sebastian, Florida 32958
LAW OFFICES OF
GouLD, COOKSEY, FENNELL,
OWEILL &. MARINE, P. A.
979 BEACHLAND BOULEVARD
VERO BEACH, FLORIDA 32963
TELEPHONE (561) 231-UOO
FAX (561) 231.2020
October 10, 1996
Re: First Union National Bank of Florida, Trustee of Park Trust
(Adams Street Abandonment)
Dear Bob:
CHELSIOPHER H. MARINE
DAVM M. CARTER
TODD W. FENNELL
-FLA BOARD CEIU=
CNB. TRW. LAWYER
151996
.R
Enclosed herewith is a photocopy of the executed drainage Easement recorded in O.R.
Book 1119, Page 2727, of the Indian River County public records.
Thank you again for your assistance.
CHM/ckw
enclosure
Since yo
Christ pher H. Marine
C.e/a6[ieW 1955
a
Record and return to preparer
of instrument:
Christopher H. Marine, Esq.
979 Beachland Boulevard
Vero Beach, FL 32963
EASEMENT
Recording:
Deed Stamps:
Total:
► THIS EASEMENT, made and executed this day of , 1996, by
FIRST UNION NATIONAL BANK OF FLORIDA, formerly known as THE FIRST
BANKERS, N.A., a Florida corporation, in a corporate capacity and as TRUSTEE under the
terms of a Trust Agreement dated February 8, 1985, and CITY OF SEBASTIAN, a
municipality of the State of Florida, whose post office address is c/o 500 Beachland
Boulevard, Vero Beach, Florida 32963, and 1225 Main Street, Sebastian, Florida 32958,
respectively, as GRANTOR and DANIEL I. PREUS S, AS TRUSTEE UNDER TRUST
AGREEMENT DATED MAY 24, 1993, as to an undivided Thirty Percent (30%) interest,
BARBARA B. LYNCH, AS TRUSTEE UNDER TRUST AGREEMENT DATED DECEMBER
11, 1986, as to an undivided Twenty Five Percent (25%) interest, BARRY COLE and
CHARLOTTE COLE, HIS WIFE, as to an undivided Twenty Five Percent (25%) interest and
ROBERT DaCOSTA and LINDA DaCOSTA, HIS WIFE, as to an undivided Twenty Percent
(20%) interest, as tenants in common, whose post office address is collectively c/o Post Office
Box 780384, Sebastian, Florida 32978-0384, as GRANTEE:
WITNESSETH, that the Grantor, for and in consideration of the sum of Ten ($10.00)
Dollars and other valuable considerations, the receipt of which is hereby acknowledged, by
these presents does give, grant, release and convey unto the Grantee, its successors and assigns
I , a non-exclusive drainage easement over, upon and across the following described real
i; property located and situate in Indian River County. FIM& +n the PV+PT9+ +I%nf *U. 1711---4-- L--
Commence at the intersection of the South side of Adams Street
and the East side of the Florida East Coast Railroad right of way
i which is 13.03 feet South and 108.46 feet East of the Southwest
corner of Government Lot 5, Section 6, Township 31 South,
Range 39 East; run S23°2712 E along the East right of way line
t ; of said Florida East Coast Railroad, 116.20 feet to the point of
beginning, thence continue S23°27'12" E along said right of way
line 142.00 feet to the North line of W.A. Martins Subdivision, as
1
recorded in Plat Book 3, Page 12, of the public records of St.
Lucie County, Florida; thence N88°05'09" E along the North line
of said W.A. Martins Subdivision, 248.78 feet to the Westerly
j right of way line of present day U.S. Highway No. 1, 100 foot
right of way; thence N20°00'00" W along the said Westerly right
of way line, 227.66 feet; thence S67058'09" W, 245.20 feet to the
! point of beginning. Said parcel now lying and being in Indian
IRiver County, Florida.
i.
SUBJECT TO, and the Grantor hereby reserves all rights of drainage and passage over,
upon and across the easement parcel herein described, for the Grantor, and the Grantor's
it successors. assigns, lessees, licensees and invitees.
The Grantee is specifically conferred the power and authority either to protect, conserve
and to sell, or to lease, or to encumber, or otherwise to manage and dispose of the real
� P
property described above, and all other powers and authority granted under Chapter 689.071,
Florida Statutes.
it
The City of Sebastian joins in this grant of easement as Grantor for the sole purpose
j of granting drainage rights in favor of Grantee over that portion of the existing ditch located
' j within the "Adams Street" right-of-way. The City of Sebastian makes no covenants or
warranty of title.
Louise R. Cartwright
Printed Name: Mayor
Kathryn M. O'Halloran
Printed Name: City Clerk
STATE OF FLORIDA
COUNTY OF INDIAN RIVER
CITY OF SEBASTIAN, a municipality
of the State of Florida
L-Imayor
(Corporate Seal)
ATTES+ .c.�c�.,�.. M e9f1
City Clerk
I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the
State and County aforesaid to take acknowledgments, personally appeared
, well known to me to be the Vice President of the corporation named
in the foregoing instrument and that he severally acknowledged executing the same in the
presence of two subscribing witnesses freely and voluntarily under authority duly vested in
him by said corporation and that the seal affixed thereto is the true corporate seal of said
corporation and who did take an oath.
WITNESS my hand and official seal in the County and State last aforesaid this
day of , A.D. 1996.
+i
li
I�
Notary Public
i Printed Name:
j Commission No.:
My Commission Expires:
r*
SCHEDULE "A"
,I)EM,"RIPTION
8' WIDE DRAINA GE MAINTENANCE EASEMENT
AN 8. 00 FOOD" WIDE PORTION OF LAND ,LYING IN GOVERNMENT LOTS
5 & 6, SECTION 6, TOWNSHIP 31 SOUTHo RANGE 39 EAST INDIAN RIVER
COUNTY, FLORIDA, LOCATED BEIWEE.N TEE FLORIDA EAST COAST
RAILROAD RIGiiT OF WAYAND U. S. HIGHWAY No. I ,RIGHT OF WAY
BEING MORE PAR?1CUL 4RLY DESCRIBED AS FOLLOWS:
C04M.-VIENCI1MG AT TME 11W ERSECTTON OF TME SOUTH SIDE OF ADAMS
STREET AND 771E EAS7'SIDE OF ME FLORIDA EAST COAST RAILROAD
RIGHT OF WAY OWCHLS 13.03 FEET SOMMAND 108.46 FEES" EAST OF
TEE SOU?IIWEST CORNER OF GOVER MMT LOT S, SECTION 6,
TOWNSHIP 31 SOUTH, RANGE 39 EAST; RUN S 23027' 12" E ALONG
THE EAST RIGRT OF WAY LINE OF SAID FLORIDA EAST COAST
RAILROAD, 116.20 FEET 70 ME NORINWEST CORNER OF PARCEL 8 2;
THENCE 1V 67'58' 09" E ALONG ME NORTH LINE OF PARCEL 0 2.
110.45 FEET TO THE POINT OF BEGINNING OF THE 8 FOOT WIDE
DRAINAGE M4llW EgV4LVCE EASMUENT LYING 4 FOOT EACH SIDE OF
THE FOLL0WING DESCRIBED LINE; RUN N 15711' 50" W, 16.83 FEET -
.9
N 16 "46' 25" W, 67.36 FEET; THENCE N 13 *31' 59" W, 61.69
FEE?; THENCE N 120081 59" W, 99.83 FEET, TIMME S 86 *37' 06" E
49.33 FEET; 7K .-,NCE S 82° 56' 28" E, 30.96 FEET THENCE S 60'26'
01 "E, 12.76 FEET; THENCE N 10' 00' 00" E, A 77 FEET .MORE OR LUSS
TO THE POINT OF TERMINUS A T 771E WEST RIGRT OF WAY LINE OF
U.S. HIGHWAY No.1.
PREPARED
BY
MOODY & BRYAN ' LAND SURVEYING, INC.
Record and return to preparer Recording:
of instrument: Deed Stamps:
Total:
Christopher H. Marine, Esq.
979 Beachland Boulevard
Vero Beach, FL 32963
EASEIN.u�..x q .L
THIS EASEMENT, made and executed this day of , 1996s by
FIRST UNION NATIONAL BANK OF FLORIDA, formerly known as THE FIRST
BANKERS, NA, a Florida corporation, in a corporate capacity and as TRUSTEE under the
terms of a Trust Agreement dated February 8, 1985, and CITY OF SEBASTIAN, a
municipality of the State of Florida, whose post office address is c/o 500 Beachland
Boulevard, Vero Beach, Florida 32963, and 1225 Main Street, Sebastian, Florida 32958,
respectively, as GRANTOR and DANIEL L PREUSS, AS TRUSTEE UNDER TRUST
AGREEMENT DATED MAY 24, 1993, as to an undivided Thirty Percent (30%) interest,
BARBARA B. LYNCH, AS TRUS'T'EE UNDER TRUST AGREEMENT DATED DECEMBER
11, 1986, as to an undivided Twenty Five Percent (25%) interest, BARRY COLE and
CHARLtj i i r. COLE, HIS wiurj:, as to an undivided Twenty Five Percent (25%) interest and
ROBERT DaCOSTA and LINDA DaCOSTA, HIS WNE, as to an undivided Twenty Percent
(20%) interest, as umants in common, whose post office address is collectively do Post Office
Box 780384, Sebastian, Florida 32978-0384, as GRANTEE:
.»YXX, that the Grantor, for and in consideration of the sum of Ten ($10.00)
Dollars and other valuable considerations, the receipt of which is hereby acknowledged, by
these presents does give, grant, release and convey unto the �Le::C:.:.., its successors and assigns
a non-exclusive drainage casement over, upon and across the following described real
property located and situate in Indian River County, Florida, to the extent that the Grantor has
an interest therein: .
See Schedule `sA" attached hereto, by reference incorporated
herein.
The purpose of this conveyance is to permit Grantee rights of drainage within an
existin=g ditch located in the easement area described above. Grantee shall not alter or extend
the existing drainage ditch or pattern. The Grantee shall indemnify and save the Grantor
harmless from and against any and all damage, injuries, losses, claims, demands or costs
proximately caused by the fault, culpability, or negligence of the Grantee in the connection
with the exercise of rights conferred herein.
The easements hereby created shall be binding upon the Grantor and the Grantor's
successors in title to all of the above described real property and shall inure to the benefit of
the said Grantee and its successors in title to the following described real r...r:.. ty located and
situate in Indian: River County, Florida:
Parcel:
Lot 5, Block 2, W.A. Martins Subdivision, less the Easterly 26.74
feet thereof, according to the Plat thereof as recorded in Plat Book
3, Page 12, ofthe public records of St. Lucie County, Florida, said
land now lying and being in Indian River County, Florida,.
ALSO INCLUDING
]Parcel A:
a portion of Government Lot 6, Section 6, Township 31 South,
Range 39 East, lying the Florida East Coast Railmad
right of way and U.S. Highway No. ] right of way being more
particularly described as follows:
� -. • «.. . T-:'4 �v�1�:t,:t.':'!+l1�!?� •'l?'A :\t5���?t i�C��•�i�i1}. r{'.✓S :�'� �;«
200 'd OZOZI2ZI991 AV ASH000 '09819 40:9I (l 1) 96 ,SO-d3S
Commence at the intersection of the South side of Adams Street
and the East side of the Florida East Coast Railroad right of way
which is 13.03 feet South and 108.46 feet East of the Southwest
corner of Government Lot 5, Section 6, Tovmship 31 South,
Range 39 East; run S23°2712" E along the East right of way line
of said Florida East Coast Railroad, 116.20 feet to the point of
beginning, thence continue S2327'12" E along said right of way
line 142.00 feet to the North line of W.A. Martins Subdivision, as
recorded in Plat Book 3, Page 12, of the public records of St.
Lucie County, Florida; thence N88005'09" E along the North line
of said W.A. Martins Subdivision, 248.78 feet to the Westerly
right of way line of present day LJ.S, Highway No. 1, 100 foot
right of way; thence N20*00'00" W along the said Westerly right
of way line, 227.66 feet; thence S67758109" W, 245.20 feet to the
point of beginning. Said parcel now lying and being in Indian
River County, Florida.
SUBJECT TO, and the hereby ,,% all rights of drainage and passage over,
upon and across the easement parcel herein described, for the Grantor, and the Grantor's
successors. assigns, lessees, licensees and invitees.
The Grantee is specifically conferred the power and authority either to �.�..b:....�, conserve
and to sell, or to lease, or to encumber, or otherwise to manage and dispose of the real
described above, and all other powers and authority granted under Chapter 689.071,
Florida Statutes.
The City of Sebastian joins in this grant of easement as Grantor for the sole purpose
of granting drainage.rights in favor of Grantee over that portion of the existing ditch located
within the "Adams Street" right-of-way. The City of Sebastian makes no covenants or
warranty of title.
This Easement and all rights .. 3 herein shall terminate and immediately become
of no further force or effect in the event:
(a) G..:.:. develops the benefitted parcel Y.,f...Y:.d to above
in a manner requiring site plan approval from the City of
Sebastian, Florida and installation and placement of new
drainage facilities currently required by land
development ordinances; or
(b.) Grantor develops Grantor's adjacent property in a
manner requiring site plan arm .. val from the City of
Sebastian, Florida and installation and placement of new
drainage facilities currently required by land
development ordinances.
Grantee agrees to execute and deliver a quit -claim deed, or other release instrument
required by G��.,,,.�is recordable form, upon termination of this easement as provided above.
IN WITNESS WHEREOF, the said G. U.. has signed and sealed these presents the
day and year first above written.
Signed, sealed and delivered
M our presence: FIRST UNION NATIONAL BANK
OF FLORIDA, formerly known as
THE FIRST BANKERS, N.A., a Florida
corporation, in a �..,,.rw, . b capacity and as
Printed Name: TRUSTEE under the terms of a Trust
Agreement dated February 8, 1985
By:
Vice President
Printed Name �.41%. Seal)
X00 'd OZOZI£ZI9Si-..;.,,. .:_.;...., ....•.:.,..:.•..:r . 3• ,...
Md'I 'A3sim 'Qmdo LO: 9I (M) 96 ,SO-d3S
CITY OF SEBASTIAN. a municipality
of the State of Florida
Printed Name: By:
Mayor
(Corporate Seal)
Printed Name: ATTEST:
City Clerk
STATE OF FLORIDA
COUNTY OF
I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the
State and County aforesaid to take acknowledgments, personally appeared
well known to me to be the Vice President of the corporation named
in the foregoing imer±t and that he severally acknowledged executing the same in the
presence of two subscribing witnesses freely and voluntarily under authority duly vested in
him by said corporation and that the seal axed thereto is the true corporate seal of said
corporation and who did take an oath.
WITNESS my hand and official seal in the County and State last aforesaid this
day of , A.D. 1996.
Notary Public
Printed Name:
Commission No.:
My Commission Expires:
(Notary Seal) .
STATE OF FLORIDA
I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the
State and County aforesaid to take acknowledgments, personally e.. .•d
well known to me to be the Mayor of the municipality of the State of
Florida named in the foregoing ins= ent and that he severally acknowledged executing the
same in of two subscn`bnig witnesses freely and voluntarily under authority duly
vested in him by said municipality and that the seal affixed thereto is the true corporate seal
of said municipality and who did take an oath.
WiINESS my band and Official seal in the County and State hast aforesaid this
day of , A.D. 1996_
Notary Public
Printed Name:
Commission No.:
My Carami9sion Expires:
(Notary Seal)
900 'd n7(17TS'7TACT AAwri 'trjcunnn Inrynnn on -OT InuT 1 oc on -1,3c
City of Sebastian
1225 MAIN STREET ❑ SEBASTIAN, FLORIDA 32958
TELEPHONE (407) 589-5330 ❑ FAX (407) 589-5570
SUBJECT: Resolution No. R-96-68 )
Granting an easement to facilitate )
drainage within the Adams Street )
right-of-way )
Approval for Submittal By: )
City Manager
Agenda Number:
Dept. Origin:
Date Submitted
For agenda Of
Exhibits:
1.
EXPENDITURE AMOUNT
REQUIRED: BUDGETED:
SUMMARY STATEMENT
Communitv Dev. QN—
(RM)
09/5/96
09/11/96
Resolution R-96-68
APPROPRIATION
REQUIRED:
Mr. Christopher Marine representing the Park Trust contacted the City concerning a
parcel of land the Trust desires to sell. The survey of the property determined that an
"Adams Street" right-of-way existed there despite the fact that structures were built on
the right-of-way. A drainage ditch runs from the parcel on the south side of the right-of-
way to the parcel on the south side. In order to sell the north parcel, the Trust needs to
establish an easement from that parcel through the right-of-way and the south parcel.
Mr. Marine requested that the City grant an easement through the Adams Street right-
of-way.
Mr. Marine has indicated that in the future, it is the Trust's intent to request a vacation
of the right-of-way.
The City Attorney has reviewed and approved the grant of easement.
RECOMMENDED ACTION
Approve resolution R-96-68 granting the easement and authorizing the Mayor to sign
and the City Clerk to attest the grant of easement.
RESOLUTION NO. R-96-68
A RESO TION OF THE CITY OF SEBASTIAN, INDIAN RIVE
COUNTY FLORIDA, GRANTING AN EASEMENT TO DANE L
PREUSS, USTEE, AS TO AN UNDIVIDED 25% INTE ST,
BARBARA YNCH, AS TO AN UNDIVIDED 25% IN ST,
BARRY CO AND CHARLOTTE COLE, HIS WIFE, A TO AN
UNDIVIDED
N;
INTEREST, AND ROBERT DAC TA AND
LINDA DACO A, HIS WIFE, AS TO AN UND ED 25%
INTEREST, AS NANTS IN COMMON TO ACILITATE
DRAINAGE W Y I THE ADAMS STREET HT OF WAY;
AUTORIZING THE YOR TO SIGN AND CITY CLERK
TO ATTEST, ON BE F OF THE CITY THE GRANT OF
EASEMENT; PRO G THAT THE GRANTEE SHALL
RECORD THE EASEME T AND H A COPY OF THE
RECORDED INSTRUMEN O THE CLERK; PROVIDING
FOR REPEAL OF RESOLUTI NS OR ARTS OF RESOLUTIONS
IN CONFLICT HEREWITH; P O G FOR SEVERABILITY;
AND PROVIDING FOR AN J,rvz DATE.
WHEREAS, Daniel I. Preuss, Tru ee,\tion
ided 25% interest, Barbara
Lynch, as to an undivided 25% interest, Cotte Cole, his wife, as to an
undivided 25% interest, and Robert Costa aCosta, his wife, as to an
undivided 25% interest, as tenants in ommon (t) has requested an easement
from the City of Sebastian and the F' st Union Nf Florida (the "Grrantor") to
facilitate drainage within the Ad Street right -
WHEREAS, the Gr ee upon receipt of the execute ant of easement, will
record and return a copy o the recorded easement to the City lerk for the City of
Sebastian; and
WHEREAS, a blic purpose is served by the granting of the ement to the
Grantee,
NOW, THEREFO)RE9 BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF SEBAS , INDIAN RIVER COUNTY, FLORIDA, that:
Section EASEMENT DESCRIPTION. The City Council of the 'ty of
Sebastian, Indi River County, Florida, hereby grants an easement, indentified as E of
"1" to this re lution, further described in Schedule "A" to the grant otEasemnt and in de
part hereof, Daniel I. Preuss, Trustee, as to an undivided 25% interest, Barbara Lyn
as to an divided 25% interest, Barry Cole and Charlotte Cole, his wife, as to
undivided 25% interest, and Robert DaCosta and Linda DaCosta, his wife, as to an
undivided 25% interest, as tenants in common to facilitate drainage within the Adams
Street right-of-way.
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 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 be 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. EFFCTIVE DATE. This Resolution shall take effect immediately
upon final passage.
The foregoing Resolution was moved for adoption by Councilmember
The motion was seconded by Councilmemeber
and, upon being put to a vote, the vote was as follows:
Mayor Louise R. Cartwright
Vice -Mayor Walter W. Barnes
Councilmember Norma J. Damp
Councilmember Raymond Halloran
Councilmember Richard J. Taracka
The Mayor thereupon declared this Resolution duly passed and adopted this
day of , 1996.
ATTEST:
Kathryn M. O'Halloran, CMC/AAE
City Clerk
CITY OF SEBASIAN, FLORIDA
By:
Louise R. Cartwright, Mayor
(Seal)
Approved as to Form and Content:
Valerie Settles
City Attorney
JOHN R. GOULD (19214988)
BYRON T. COOKSEY
DARRELL FENNELL
EUGENE J. O'NERL•
Ms. Kathryn O'Halloran
City Clerk
City of Sebastian
1225 Main Street
Sebastian, Florida 32958
LAW OFFICES OF
GOULD, COOKSEY, FENNELL,
O'NEILL & MARiNE, P.A.
979 BEACHLAND BOULEVARD
VERO BEACH, FLORIDA 32963
TELEPHONE (561) 231.1100
FAX (561) 231.2020
July 24, 1996
Re: Park Trust to Preuss, et al., Transaction
Dear Ms. O'Halloran:
CHRIS OPHER H. MARINE
DAVID M. GAITER
TODD W. FENNELL
•PIA BOARD CERTff®
C YM TRIAL LAWYER
This firm represents the Park Trust, owner of a mobile home park on U.S. 1 in Sebastian
which is adjacent to the old "Adams Street" right-of-way which runs east/west from U.S. 1 to the
Florida East Coast railroad right-of-way. It is believed that Adams Street was abandoned or vacated
some time ago, but nothing appears in the Indian River County public records. Would you kindly
review the City records to verify abandonment, and provide me with a photocopy of the Town
Council minutes where this action was taken at your earliest opportunity.
Thank you for your assistance and please advise me if you need any thing from my office
to proceed.
CHM/ckw
cc: Ms. Charlotte Boyle
Mr. Tom Schlitt
61.11mLJ 1955
(979-
3-
U-83-iS
6-83-/6
(ul-
0-85=/3
Ell
o-A -n
6- D-1(
Record and return to preparer
of instrument:
Christopher H. Marine, Esq.
979 Beachland Boulevard
Vero Beach, FL 32963
EASEWxim.x -4 iL
Recording:
Deed Stamps:
Total:
A rub FASE1Vi to 4 Y, made and executed this day of , 1996, by
FIRST UNION NATIONAL BANK OF FLORIDA, formerly known as THE FIRST
BANKERS, N.A., a Florida corporation, in a corporate capacity and as TRUSTEE under the
terms of a Trust Agreement dated February 8, 1985, and CITY OF SEBASTIAN
—a 1 ceireravien. whose post office address is c/o 500 Beachland Boa=Vero
Beach, Florida 32963, and 1225 Main Street, Sebastian, Florida 32958, respectively, as
GRANTOR and DANIEL I. PREUS S, TRL � i rr✓, as to an undivided 250/6 interest, BARBARA
per'. v LYNCH, as to an undivided 25% interest, BARRY COLE and CHARLV I 1 r: COLE, HIS WIFE,
IFS`' as to an undivided 25% interest and ROBERT DaCOSTA and IJNDA DaCOSTA, his wife, as
41-9-1 at to an undivided 25% interest, as tenants in common, whose post office address is collectively
c/o Post Office Box 780384, Sebastian, Florida 32978-0384, as GRANTEE:
1 an; i a, that the G.c...W., for and in consideration of the sum of Ten (S 10.00)
�i Dollars and other valuable considerations, the receipt of which is hereby acknowledged, by
does give, grant, release and convey unto the Grantee, its successors and assign
a non-exclusive drainage easement over, upon and acro the following described r
property located and situate in Indian River County, Flo ri ?-
eme
Schedule "A" attached hereto, by reference incorporated
herein.
The purpose of this conveyance is to permit Grantee rights of drainage within an
existing ditch located in the easement area described above. Grantee shall not alter or extend
the existing drainage ditch or pattern. The Grantee shall indemnify and save the Grantor
harmless from and against any and all damage, injuries, losses, claims, demands or costs
proximately caused by the fault, culpability, or negligence of the Grantee in the connection
with the exercise of rights conferred herein.
The easements hereby created shall be binding upon the Grantor and the Grantor's
successors in title to all of the above described real property and shall inure to the benefit of
the said G -..A" and its successors in title to the following described real property located and
situate in Indian River County, Florida:
Parcel 1:
Lot 5, Block 2, V.A. Martins Subdivision, less the Easterly 26.74
feet thereof, according to the Plat thereof as recorded in Plat Book
3, Page 121, of the public records of St Lucie County, Florida, said
land now lying and being in Indian River County, Florida.
ALSO INCLUDING
Parcel 2:
a portion of Government Lot 6, Section 6, Township 31 South,
Range 39 East, lying between the Florida East Coast Railroad
right of way and U.S. Highway No. 1 right of way being more
particularly described as follows:
Commence at the intersection of the South side of Adams Street
and the East side of the Florida East Coast Railroad right of way
which is 13.03 feet South and 108.46 feet East of the Southwest
corner of Government Lot 5, Section 6, Township 31 South,
C"'ie.-�••4rC+•.v.w •. :�.iL. 1Lr...•�rt^ ...
A
j �7i .� .�. +y� •��.= . Y . �'ti . .�i V.. �.. .�� •h•�.t. - �� �': �� ��: .. -J' . �. .
r='! -r= :�'t• .. '-A: :i -•:..+••+•fit ii._ f •••'•'..'.•• . •�
£00 A NoZI£Zi9Si ! �.AV I 'A3Sx000 'a1600 (NOW) O ,9Z-OnY
Range 39 East; run 523027112" E along the East right of way line
of said Florida East Coast Railroad, 116.20 feet to the point of
beginning, thence continue S23027112" E along said right of way
line 142.00 feet to the North line of W.A. Martins Subdivision, as
recorded in Plat Book 3, Page 12, of the public records of St.
Lucie County, Florida; thence N88105'09" E along the North line
of said W.A. Martins Subdivision, 248.78 feet to the Westerly
right of way line of present day U.S. Highway No. 1, 100 foot
right of way; thence N20*00'00" W along the said Westerly right
of way line, 227.66 feet; thence S67058109" W, 245.20 feet to the
point of binning. Said parcel now lying and being in Indian
River County, Florida.
SUBJECT TO, and the Ga- c -A ,-,, hereby reserves all rights of drainage and passage over,
upon and across the easement parcel herein described, for the Grantor, and the Grantor's
successors. assigns, lessees, licensees and invitees.
The City of Sebastian joins in this grant of easement as Grantor for the sole purpose
of e,".A1;..;g drainage rights in favor of Grantee over that portion of the existing ditch located
within the "Adams Street" right-of-way. The City of Sebastian makes no covenants or
warranty of title.
This Easement and all rights conferred herein shall terminate and immediately become
of no further force or effect in the event:
(a.) Grantee develops the benefitted parcel referred to above
in a manner requiring site plan 4qr=... 41 from the City of
Sebastian. Florida and installation and placement of new
drainage facilities currently required by land
development ordinances; or
(b.) Grantor develops Grantor's adjacent property in a
manner requiring site plan approval from the City of
Sebastian, Florida and installation and placement of new
drainage facilities currently required by land
development ordinances.
Grantee agrees to execute and deliver a quit -claim deed, or other release instrument
required by G.t.,., in recordable form, upon termination of this easement as provided above.
IN WTINESS WHEREOF, the said Grantor has signed and sealed these presents the
day and year first above written.
Signed, sealed and delivered
in our presence:
Printed Name:
Printed Name
Printed Name:
Printed Name:
FIRST UNION NATIONAL BANK
OF FLORIDA, formerly known as
THE FIRST BANKERS, N.A., a Florida
corporation, in a corporate capacity and as
TRUSTEE under the terms of a Trust
Agreement dated February S. 1985
By: ,
Vice President
(Corporate Seal)
CITY OF SEBASTIAN FLORIDA, a
municipal corporation
By:
Authorized Officer
(Corporate Seal)
POO 'd OZOZ1ZZ19S1 Am 'A3SX000 'aif100 61:91 (NOW) 96 X-JflY
e
MI
STATE OF FLORIDA
COUNTY OF
I HERESY CERTIFY that on this day, before me, an officer duly authorized in the
State and County aforesaid to take acknowledgments, personally appeared
, well known to me to be the Vice President of the corporation named
in the foregoing instrument and that he severally acknowledged executing the same in the
presence of two subscribing witnesses freely and voluntarily under authority duly vested in
him by said corporation and that the seal affixed thereto is the true corporate seal of said
corporation and who did take an oath.
WITNESS my hand and official seal in the County and State last aforesaid this
day of , A.D. 1996.
Notary Public
Printed Name:
Commission No.:
My Commission Expires:
(Notary Seal)
STATE OF FLORIDA
COUNTY OF
I HERBY CERTIFY that on this day, before me, an officer duly authorized in the
State and County aforesaid to take acknowledgments, personally appeared
well known to me to be the of the municipal
corporation maned in the foregoing instrument and that he severally aclmowledged executing
the same in the presence of two subscribing witnesses freely and voluntarily under authority
duly vested in him by said municipal corporation and that the seal arced thereto is the true
corporate seal of said municipal corporation and who did take an oath.
V4T NESS my hand and official seal in the County and State last aforesaid this
day of , A.D. 1996.
Notary Public
Printed Name:
Commission No.:
My Commission Expires:
(Notary Seal)
. . • • • • . do.+ . . . r . . .. • - . .t. 1.. . ... . • . ♦ .
S00 'd OZOZ i £Z 19S i AV A3S}I000 'a1f100 61:91 (NOW) 96 .9Z-OflY
LAW OFFICES OF
GOULD, COOKSEY, FENNELL, OWEILL & MARINE, P. A.
979 BEACHLAND BOULEVARD
VERO BEACH, FLORIDA 32963
Mr. Robert Massarelli
City Planner
City of Sebastian
1225 Main Street
Sebastian, Florida 32958