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Home My WebLink About2002 - Release of Unity of Title - Ed Arens Rose Arbor & PerchRELEASE OF DECLARATION OF UNITY OF TITLE. WHEREAS, a declaration of unity of title was provided to the City of Sebastian for the following described property situated in Indian River County: Lots 19 and 20, Block 226, Sebastian Highlands Unit 6 WHEREAS, the declaration of unity of title expressly states that it is binding upon the fee simple owner and enforceable by the City of Sebastian, Florida in accordance with its land development regulations, and shall remain valid until such times as it is released in writing by the City of Sebastian, Indian River County, Florida, by recorded documents; and WHEREAS, the declaration of unity of title has been recorded at O.R. Book 1043 and Page 1817 of the Official Book of Records in and for Indian River County, Florida, -*and WHEREAS, the City of Sebastian has detemiined that it desires to release the fee simple owner from the declaration of unity of title recorded at O.R. Book 1043 and Page 1817 of the Official Land Records of Indian River County, Florida; NOW, THEREFORE,* be it known that the City of Sebastian, Florida, hereby releases the above. described *real property from the declaration of unity of title as hereinabove referenced. The City of Sebastian expressly waives all rights of enforcement of the above -referenced declaration of unity of title and hereby releases any interests that the City of Sebastian may have obtained through said declaration of unity of title. owners n far recording purpc= : A- 1 a1:0l Sally A. ' j , CMC City ClerP' (Seal) STATE OF FLORIDA COUNTY OF INDIAN RIVER I HEREBY CERTIFY that on this day, before me, an officer duly authorized in Indian River County, Florida, to take acknowledgatents, personally appeared Terrence Moore and Sally A. Maio known to me to be the City Manager and City Clerk respectively, and neither of them took an oath. WITNESS my hand and seal in Indian River 'to W ily 28 a Soo -Ie #CC812716 kic Ylorida, the 12 December day of 2002. Williamseanette rARY PUBLIC, ATE OF FLORIDA AT LARGE - Cornrrussion Expires: 2- 2 8- 0 3 Regular City Council Meeting DRAFT December 11, 2002 Page Five 02.016 C. Presentation by CDM. Relative to the Stormwater Master Plan Eric Groetke, CDM, introduced Doug Moulton and Danielle Gephart, who distributed a draft of the Stormwater Master Management Plan to City Council and gave an overview by power point presentation. Doug Moulton presented the Hydraulic Modeling Results and cited specific problem areas and recommended solutions as cited in the report; and Danielle Gephart reported on the Pollutant Load Analysis. Mr. Groetke responded to questions from City Council relative to whether hard piping of swales would reduce maintenance needs, noting there is currently a shortfall in detention areas, a need which would be increased by piping. The City Manager said staff will be coming back with a recommendation to adopt the Stormwater Master Plan in January which will include recommendations specific to appropriate methods. Mr. Hill said he did not see anything here that touched on maintenance of the front yard swales and said average citizens want to hear what their stormwater assessment is going to do to relieve their individual problems. Mr. Moulton said the models only show the primary system which does not include the front swales, but the idea is that fixes to the primary system will relieve the secondary systems. Mr. Groetke said scenarios can be presented in the final report which exhibit what different methods can relieve and will cost. 9. CONSENT AGENDA All items on the consent agenda are considered routine and will be enacted by one motion. There will be no separate discussion of consent agenda items unless a member of City Council so requests, in which event, the item will be removed and acted upon separately. A. Approval of Minutes — 11 /13/02 Regular Meeting 02.262 B. Authorize Councilman Coniglio's Attendance at Florida League of Cities Local Government Leadership Class Vill — 2003 (City Clerk Transmittal 11/21/02, Form) 02.250 C. Resolution No. R-02-56 — Vacation of Easement — Duffy, Lots 6 & 7, Block 221, Sebastian Highlands Unit 8 (GMD Transmittal 12/4/02, R-02-56, Map, Staff Report, Application, Letters) 5 Regular City Council Meeting December 11, 2002 Page Six A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, VACATING CERTAIN EASEMENTS OVER LOTS 6 & 7, BLOCK 221, SEBASTIAN HIGHLANDS UNIT 8; PROVIDING FOR CONFLICTS HEREWITH; PROVIDING FOR RECORDING; PROVIDING FOR EFFECTIVE DATE. 02.080 D. Resolution No. R-02-57 — Finding Deteriorated Economic Conditions In the CR512 Triangle Area (GMD Transmittal 12/5/02, R-02-57) A RESOLUTION OF THE CITY OF SEBASTIAN, FLORIDA, FINDING BLIGHT IN THE CR 512 TRIANGLE AREA AND DECLARING A NECESSITY FOR REHABILITATION AND REDEVELOPMENT; PROVIDING FOR EFFECTIVE DATE. 02.251 E. Authorize the Release of the Unity of Title — Ed Arens, Lots 53-58 19 & 20, Block 226, Sebastian Highlands, Unit 6 (GMD Transmittal 12/4/02, Release, Letter, Surveys) 02.210 F. Authorize the Mayor to Execute Interlocal Agreement Between Indian 59-62 River County and the City of Sebastian for Small Business Impact Fee Abatement Program (City Attorney Transmittal 11 /15/02, Agreement) 02.252 G. Authorize the Execution of the Proposed Legal Services Consultant 63-80 Agreements with both NABORS, GIBLIN & NICKERSON, P.A. and SANDERS & DEMPSEY, LLP (City Attorney Transmittal 12/5/02, Agreements) 02.253 H. Approve Thursday Night Bridge Group Christmas Party Request at 81-84 Yacht Club on Thursday, December 19, 2002 from 6:30 to 10:00 p.m. A/B (Public Works Transmittal 12/4/02, Application) 02.254 I. Approve Wedding Ceremony at Community Center on February 1, 85-88 2003 from 5:00 to 9:00 p.m. A/B (Public Works Transmittal 12/4/02, Application) 02.255 J. Waive Bidding Procedures and Authorize a Three Year Contract 89-90 Between the City of Sebastian and Total Print, Inc. for the Printing of The City's Community Newsletter (Pelican Brie!) in the Amount of $8,700.00 Per Year (City Manager Transmittal 12/3/02) 02.256 K. Authorize the Expenditure, Not to Exceed $62,000 for the Purchase of Diesel and Unleaded Fuels from Port Petroleum as Per the St. Lucie County School Board Term Contract as Described (GSA Transmittal 12/4/02, Bid Tab, Bid Award, Contract) Regular City Council Meeting DRAFT December 11, 2002 Page Seven 02.257 L. Authorize the Purchase of a Long Arm Tractor from Nortrax for $95,278.11 Pursuant to State Contract and Appropriate $20,278.11 from the Discretionary Sales Tax Un -appropriated Funds (Stormwater Engineering Transmittal 12!4102, Quote, Picture) 02.258 M. Authorize Three Year Unit Price Contract Between the City of Sebastian and Allied Tube and Conduit, Lowest Bidder to Supply Traffic Sign Posts .and Accessories on As Needed Basis (Engineering Transmittal 1214102, Bid Tab) 02.259 N. Authorize the Appropriation of $7,500.00 and Approve the Purchase of Integrated Security Management Software and Video Badging System from Security One Systems, Inc. in the Amount of $10,067.40 (Airport Transmittal 12/5/02, Bid Tab) 02.260 O. Authorize the Payment of $25,650 to Environmental Land Management Corporation for Off -Site Wetland Mitigation at Sebastian Municipal Airport (Airport Transmittal 1215102, Invoice) Mr. Barczyk removed item A. MOTION by Majcher/Barczyk "I move to approve consent agenda items B -O." ROLL CALL: Roll Call carried 5-0 Item A Mr. Majcher — aye Mayor Barnes — aye Mr. Hill — aye Mr. Barczyk — aye Mr. Coniglio — aye Mr. Barczyk noted on the last page of November 13th minutes he meant for the yacht club boat ramp to be pressure cleaned. Also he would like to see.a permanent prohibition of parking on one side of Coolidge Street. MOTION by Barczyk/Hill "Move to approve agenda item A as amended." 7 Regular City Council Meeting December 11, 2002 Page Eight 10. 02.053 ROLL CALL: Roll Call carried 5-0 PUBLIC HEARING Mayor Barnes — aye Mr. Hill — aye Mr. Ba rczyk — aye Mr. Coniglio — aye Mr. Majcher — aye DRAFT A. Second Public Hearing - Resolution No. R-02-50 Authorizing the Florida Small Cities Communitv Development Block Grant Neighborhood Revitalization ADDlication (City Manager Transmittal 1114/02. R-02-50. adl A RESOLUTION AUTHORIZING THE FILING OF THE CITY OF SEBASTIAN'S FISCAL YEAR 2003 FLORIDA SMALL CITIES COMMUNITY DEVELOPMENT BLOCK GRANT NEIGHBORHOOD REVITALIZATION APPLICATION WITH THE DEPARTMENT OF COMMUNITY AFFAIRS. The City Attorney read the Resolution by title and the City Manager briefly explained the re -submittal of the grant application. Mayor Barnes opened the public hearing, however there was no input. MOTION by Majcher/Coniglio "Move to adopt resolution No. R-02-50." ROLL CALL: Mr. Hill — aye Mr. Barczyk — aye Mr. Coniglio — aye Mr. Majcher — aye Mayor Barnes — aye Roll Call carried 5-0 ♦ Authorize the Commitment of a $350,000 Match from the City of Sebastian's FY 2002-2003 Budget for the Louisiana Avenue Area CDBG Improvement Program (City Manager Transmittal 11/4/02) MOTION by Majcher/Coniglio "Move to authorize the commitment of $350,000 matching grant from the City of Sebastian's FY2002/2003 Budget for the Louisiana Avenue Area CDBG Improvement program." N CM OF S[B�_ TMN HOW of "Mcm ISLAND City of Sebastian, Florida Subject: Release of Unity of Title —Ed Arens Agenda No. 02-251 Lots 19 & 20, Block 226, Sebastian Highlands Unit 6 Department Origin: Growth Management (T y pprove or Sub 'ttal by: Date Submitted: 12/04/02 X4 For Agenda of 12/11/02 Exhibits: 1) Release of Unity of Title 2) Letter of Request 3) Surveys and Plot Plan EXPENDITURE REQUIRED: AMOUNT BUDGETED: APPROPRIATION REQUIRED: None None None SUMMARY This is a request for the release of a unity of title that has been recorded for Lots 19 and 20, Block 226, Sebastian Highlands Unit 6 and is located at the corner of Rose Arbor Drive and Perch Lane. A residence was constructed on Lot 20 in 1979 (survey attached). In 1983 permits were pulled for a room addition (plot plan attached). The plot plan incorrectly showed the frontage on Rose Arbor to be 90' (should be 125') and the frontage on Perch Lane to be 125' (should be 90'). This resulted in the addition being 6 feet from the property line, instead of the required 10 feet. At the time, neither Mr. Arens nor the City was aware of the encroachment. In 1994 a contractor applied for a permit to construct a basketball court on Lot 19. Since Lot 19 was a vacant lot, Mr. Arens was required to record a unity of title. Staff explained to Mr. Arens that the unity could be released at a later date, if the basketball court was removed or if the owner entered into an agreement with the City to obtain a building permit for a residence on Lot 19 within a specific length of time. Again, no one was aware of the existing encroachment on Lot 20. However, the unity of title, which in essence created one large lot, unknowingly corrected the encroachment problem Mr. Arens always intended to keep Lot 19 as a separate building lot. Since no one was aware of the encroachment, staff told Mr. Arens that the unity could be released. If he had known that it couldn't be released, he would have cancelled his plans for the basketball court. Also, Mr. Arens cannot apply for a variance at this time because the property is in compliance. If release of the unity of title is granted, he will immediately apply for a variance. Requests for the release of a unity of title are generally reviewed administratively and signed off by the City Manager. Because approval of this request will result in the creation of a nonconforming property, (which can then be resolved by a variance), staff is submitting this request to the City Council for consideration. RECOMMENDED ACTION Direct the City Manager to sign the release of unity of title, and advise Mr. Arens to make application for a variance. / l / 7 �� yI"7 C 'PO /0 C1711-1 7-Y Fe Inpi"Was xA-5,eA-4s1v.r i+` � O IN % 401 cvt- -5/* 519'2.3-6- 65"' -PZ174?C H 2-141VE PL. A r OF SUR VE Y FOR 1-.114 E5 k MAN ORaCAI and BUNC11F VAN OAOL?ZI-V, fits wlA DESCRIPTION I-olOo "a4.5 7-1.41V 1-116H44AIP5 UN17- eo as recorded In Plot Book .5 page 7.3 Public Records of INDIAN R111vR Cos Fla. Certified- correct to "the best of my knowledge rind belief- RUC/ VE 1?,rALrr AND SURVEYING INC. By: Fla Reg. Land Surveyor No. /083 C A. Buckner pres. Scole.- /**"a 70 SURVEYORS NOTE: Date.- 4LIT. /0, f 978 clob No. 7b• THIS SURVEY WAS PREPARED AND CERTIFIED FOR 1Z 73 nw Emvsw usr OF THE CLIENT NAMED HEREON AND Is mlo ONLY WHEN EmoossEv WITH THE SURVEYOR'S SEAL. sucir#hw REALTY ANO SURPEYIN6,1M., MELBOURNE, FLORIDA vl�1 LAKE - _ SO rR �.�.✓. _ - - -- d - r - - I p SLS 8 RE-'gRA � '0' FourtD � 'Ratio � N 1 �' �Aa�t �+4Q � 4'V �I ��p�. ^� 85.q� oes S S Z3" q.g.ga ass 4o S oas �. (z CD Z'LA-t �„�► 60. aoq �6 ��A� .t I = zS.Co ouzo 4 FOUKO V. �Ao% C_: 3S•3G 1 p 1, ,� I T = 25•n%% 1� � 1 al + 40.o c� i a I Q �Is 4 LD SET M A Iti Hyl RF -'%A0. %. I LAQ �Y I Q 36.0 LOZ rin W Y pct p a� s W Icw I". p� r� i0 c�•�ca. ✓1 r e cc• =.sa 1 Is c d I �� !G a° C1 - N f LV V! ui � I �` (j Ia. i ii 1 z/ 0 CTtG�lt`�E - ` '�A�vEwA`I � •wo i 1 Ci 2 8.3�i + "S SAI s— I It.+wtR •AV �1 Cum wELLT l ,f Is S. o � %M1Th �O' V,. %A. 4o.G0 ' )84 uKDRA0. �►QS.-40 S��THCArLac: L SO\A— %A LIVE $LOCK 22Ca ou..ao------- • 5M ` 11 P Nkry x LAM L Date sc�roal • a �o:as: - ... 1 utstal3ations'or iWax0vwats aws-- «..: 'located v1tWLa. no cast .=ss abaft. { �'�► I Paael lituber 20 6 C oo'� 6 E lb ;tssts+dlists of saemre saclsotim . - PloW Zone "c' • -; #'. fi.v+-�""al. sad/or orsasaso .rasa furm n _ �tseet /gess plat."i Time of §HMV �oV�t014L`t •t ,lh?�v�ffx't RELEASE OF DECLARATION OF UNITY OF TITLE WHEREAS, a declaration of unity of title was provided to the City of Sebastian for the following described property situated in Indian River County: Lots 19 and 20, Block 226, Sebastian Highlands Unit 6 WHEREAS, the declaration of unity of title expressly states that it is binding upon the fee simple owner and enforceable by the City of Sebastian, Florida in accordance with its land development regulations, and shall remain valid until such times as it is released in writing by the City of Sebastian, Indian River County, Florida, by recorded documents; and WHEREAS, the declaration of unity of title has been recorded at O.R. Book 1043 and Page 1817 of the Official Book of Records in and for Indian River County, Florida; and WHEREAS, the City of Sebastian has determined that it desires to release the fee simple owner from the declaration of unity of title recorded at O.R. Book 1043 and Page 1817 of the Official Land Records of Indian River County, Florida; NOW, THEREFORE, be it known that the City of Sebastian, Florida, hereby releases the above- described real property from the declaration of unity of title as hereinabove referenced. The City of Sebastian expressly waives all rights of enforcement of the above -referenced declaration of unity of title and hereby releases any interests that the City of Sebastian may have obtained through said declaration of unity of title. CITY OF SEBASTIAN, FLORIDA By: print owners name for recording purposes Terrence Moore, City Manager ATTEST: Sally A. Maio, CMC City Clerk (Seal) STATE OF FLORIDA COUNTY OF INDIAN RIVER I HEREBY CERTIFY that on this day, before me, an officer duly authorized in Indian River County, Florida, to take acknowledgments, personally appeared and known to me to be the City Manager and City Clerk respectively, and neither of them took an oath. WITNESS my hand and seal in Indian River County, Florida, the day of , 2002. NOTARY PUBLIC, STATE OF FLORIDA AT LARGE My Commission Expires: IV 510 49'23 " W 90, 4 t.p /O ' UT/L/TY I4ENT • 1015 'Al -4 2S - LX --� o � � J C. Q_1q. 5 .51 S'9 ' Z3 "E l 5 !.0 401 0 0 N P�i1 ?CA/ PL. A T OF SUR KEY FOR JAME5 k. IIAN ORDFAI ar�d BUNCy� VAN O�PLYN, hli wife DESCR/PT/ON L O f 20 , .�L� 221 , 6,615 5 T/AN P161,14 4AI P5 OW17- 6 y as recorded in Plot Book 5 , Page s3 , Public Records of /ND/AN RIWR Co, Fla. Certified, correct to 'the best of my know/edge and belief: BUOVER, ReA L T y AND SURVEYING INC. ' Fla Reg. Land or No. /083 Surveyor C. A. Buckner Pres. Sco /e : /"'.= ZO SURVEYORS NOTE THIS SURVEY WAS PREPARED AND CERTIFIED FOR Dote: ,DEC. /f, / 97� JOb NO. 79' �2 73 THE EXCLasive USE OF THE cL/ENT NAmEO HEREON AND /S VALID ONLY WHEN EMBOSSED W/ TH THE SURVEYOR`S SEAL. BUCKNER REALTY AND SURVEY/NG, /NC., MELBOURNE, FLORIDA d