HomeMy WebLinkAbout1997 - Cornerstone EasementRESOLUTION NO. R-97-22
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, AUTHORIZING THE CITY MANAGER TO
SIGN THE GRANTING OF AN EASEMENT AND TO ACCEPT
VARIOUS EASEMENTS; PROVIDING FOR REPEAL OF
RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT
HEREWITH; PROVIDING FOR SEVERABILITY; AND
PROVIDING FOR AN xP*ir.:CTIVE DATE.
WHEREAS, City of Sebastian and Cornerstone Select Homes, Inc. has entered
into an agreement dated January 16, 1997 providing for the transfer of easements among
other things in order to establish a private gated community in the Sebastian Highlands,
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, that:
Section 1. GRANTING OF EASEMENTS. The City Manger is hereby
authorized to sign the granting of an easement over a portion of Tract "O", Block 593,
Sebastian Highlands, Unit 17, as recorded in Plat Book 8, Page 46K in the land records of
Indian River County for the purpose of installing entry walls, landscaping and decorative
ornamentation as described in the agreement between the City of Sebastian and
Cornerstone Select Homes, Inc. dated January 16, 1997.
Section 2. ACCEPTANCE OF EASEMENTS. The City manager is hereby
authorized to accept various easements for the right of ingress and egress, utility
maintenance and drainage as described in the agreement between the City of Sebastian and
Cornerstone Select Homes, Inc. dated January 16, 1997.
Section 3. CONFLICT. All resolutions or parts of resolutions in conflict are
hereby repealed.
Section 4. 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 5. Ek r.LCTIVE 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:
Mayor Walter W. Barnes
Vice -Mayor Richard J. Taracka
Councilmember Ruth Sullivan
Councilmember Lary Paul '
Councilmember Louise R. Cartwright
The Mayor thereupon declared this Resolution duly passed and adopted this A�6
day of199,97
CITY OF SEBASTIAN, FLORIDA
ATTEST:
, a ��
2Kathryn M. O'Halloran, CMC/AAE
City C!erk
(Seal;
Approved as to Form and Content:
Valerie Settles
City Attorney
By: 1��1��. 1 JA IA
Walter W. Barnes, Mayor
City of Sebastian
1225 MAIN STREET ❑ SEBASTIAN, FLORIDA 32958
TELEPHONE (407) 589-5330 ❑ FAX (407) 589-5570
SUBJECT: Approval of Resolution )
R-97-22, authorizing the City )
Manager to sign an easement and to)
accept various easements from )
Cornerstone Select Homes, Inc. )
Approval for Submittal By: )
City Manager �J
EXPENDITURE
REQUIRED:
Agenda Number:
Dept. Origin :
Date Submitted :
For agenda Of:
Exhibits:
AMOUNT
BUDEGETED:
Community Dev.
(RM)
03/19/97
03/26/97
1. Resolution R-97-22
SUMMARY STATEMENT
APPROPRIATION
REQUIRED:
On January 16, 1997, the City of Sebastian and Cornerstone Select Homes, Inc.
entered into an agreement to create a gated private community. This agreement
provided for the transfer of various easements. Resolution R-97-22 authorizes the City
Manager to sign and accept these easements.
RECOMMENDED ACTION
Approve resolution R-97-22 authorizing the City Manager to sign and accept various
easements as described in the January 16, 1997, agreement between the City of
Sebastian and Cornerstone Select Homes, Inc..