Loading...
HomeMy WebLinkAbout2000 - Compound Abandonment of Easement American LegionCity of Sebastian 1225 MAIN STREET 0 SEBASTIAN, FLORIDA 32958 TELEPHONE (561) 589-5330 11 FAX (561) 589-5570 MEMORANDUM Date: May 20, 1997 To: Valerie Settles, City Attorney From: Patrick Brennan, Public Works Director Subject: Legion Easement Agreement The Legion wants to add a "Whereas" that states in so many words that Post 189 or future property owners will have a right of ingress/egress to the easement. legion /sg First Draft Dec 5, 1996 EASEMENT AGREEMENT THIS AGREEMENT, made this day of , 19962 by and between the CITY OF SEBASTIAN, a municipality within Indian River County in the State of Florida, whose address is 1225 Main Street, Sebastian, Florida 32958, hereafter called "CITY" and the CHARLES L. FLITCH POST NO. 189, DEOARTMENT OF FLORIDA, AMERICAN LEGION, INC. whose address is 807 Louisiana Avenue, Sebastian, Florida 32958, hereinafter called the "AMERICAN LEGION a non-profit corporation existing under the laws of the State of Florida. WITNESSETH: WHEREAS, the American Legion is the owner of property located at 807 Louisiana Avenue, and legally described as follows: Beginning at a point 300 foot west of an iron pipe at the corner of southwest quarter of Section 6; Township 31 South, Range 39 East, running south 103 feet 6 inches; thence running northeast along the north side of Fellsmere Road 182 feet 6 inches; thence running west to the point of beginning. WHEREAS, the City has continuously maintained a dirt driveway across the American Legion property for ingress/egress to the Sebastian Public Works Compound/City Garage located at 805 Louisiana Avenue since the Compound was first established, and, WHEREAS, the American Legion has never objected to such use, and, WHEREAS, the City wishes to continue to use the Property for ingress and egress but desires to relocate the driveway to the west of its present location and to record an ingress/egress easement for use of the driveway in the Official Records of Indian River County, WHEREAS, the American Legion has consent to said relocation, and NOW, THEREFORE, for and in consideration of the premises and other good and valuable consideration the AMERICAN LEGION and CITY OF SEBASTIAN agree as follows: 1. The American Legion hereby grants an easement to the City for the purpose of ingress and egress as described on the Sketch of Legal Description Prepared by Masteller, Moler and Reed as signed by Stuart A. Houston, PSM #4490, the City of Sebastian agrees to grade and maintain the dirt drive to be located within the confines of the easement, sod that portion of the existing driveway outside the legally Page 3 of 3 EASEMENT AGREEMENT ATTEST: Kathryn M. O'Halloran CMC/AAE, City Clerk (Corporate Seal) STATE OF FLORIDA COUNTY OF INDIAN RIVER CITY: THE CITY OF SEBASTIAN, FLORIDA Bv: Name: Thomas W. Frame Title: Citv ManaEer The foregoing instrument was acknowledged before me this day of . 1996 by Thomas W. Frame, as City Manager of the CITY OF SEBASTIAN, FLORIDA, on behalf of the CITY OF SEBASTIAN. He/she is personally known to me or produced 1. as identification. NOTARY PUBLIC Printed Name: Commission No: Approved as to form and legal sufficiency Valerie Settles City Attorney post 189 Page 2 of 3 EASEMENT AGREEMENT described easement, and at the request of the Commander of the American Legion, the Public Works Department shall grade the shell parking lot and driveways on th 1 grounds of the American Legion twice per year at no cost to the American Legion. IN WITNESS WHEREOF, the CITY and AMERICAN LEGION has caused these present to be executed in their names, the day and year first written above. Signed, sealed and delivered CHARLES L. FUTCH in the presence of: AMERICAN LEGION POST By By Signature Printed Name By: Signature Printed Name STATE OF FLORIDA COUNTY OF INDIAN RIVER Signature Printed Name Title The foregoing instrument was acknowledged before me this day of personally known to me or who has produced as identification. NOTARY PUBLIC Printed Name: Commission No. State of Florida at Large My Commission Expires: , 1996 by ATTEST: Kathryn M. O'Halloran CMC/AAE, City Clerk (Corporate Seal) STATE OF FLORIDA COUNTY OF INDIAN RIVER EASEMENT AGREEMENT CITY: THE CITY OF SEBASTIAN, FLORIDA By: Name: ThomaLs W. Frame Title: City Manager The foregoing instrument was acknowledged before me this day of I. 1996 by Thomas W. Frame, as City Manager of the CITY OF SEBASTIAN, FLORIDA, on behalf of the CITY OF SEBASTIAN. He/she is personally known to me or produced as identification. NOTARY PUBLIC Printed Name: Commission No: Approved as to form and legal sufficiency Valerie Settles City Attorney 2ND g r —First Draft DecX 1996 11 AN SS/EGRESS AGREEMENT BETWEEN CITY OF SEBASTIAN AND THE CHARLES L. AMERICAN LEGION POST 189 THIS AGREEMENT, made this _ day of , 1996, by and between the CITY OF SEBASTIAN, a municipality within Indian River County in the State of Florida, whose address is 1225 Main Street, Sebastian, Florida 32958, hereafter called "CITY" and the CHARLES fir,, L. FLITCH AMERICAN LEGION POST 189 whose address is 8 isiana venue, a astian r, Florida 32958, hereinafter called the "AMERICAN LEGION" Cx m o A cr P ccr�' x WITNESSETH:bi rr,o o�y�1 WHEREAS, the City has continuously maintained a dirt driveway across the Americ n Legion property for ingress/e�gr ss" to the Sebastian Public Works Compound/City Gara since the Compound was first ted, and, `e WHEREAS, the American Legion has never object to such use ' FdZe xie by vehicles; and, WHEREAS the City wishes to continue to use lbut jrelocate the driveway to the west of its present location ecord an ingress/egress easement for use of the d •veway in the Official Records of Indian Ri County, W enomd44NA 7.n g i ne w )Cb s ck,.6 rm9coxas�"� NOW, THEREFORE, for and in consideration of the premises and other good and valuable consideration the AMERICAN LEGION end CITY OF SEBASTIAN agree as follows: ov45 q- �wn� cello g 1. entl teh-e€Leg�-Besc�i}�iiet� Prepared by Masteller, Moler and Reed as signed b tuart A. Houston, PSM #4490® 1�� tie City of Sebastian agrees to grade and mai the dirt drive to be located within S,� the co o the ee sem t, sod th rtion of the existing driveway outside the CX ys legally described easement, and at the request of the Commander of the American of QSS) Legion, the Public Works Department shall grade the shell parking lot and driveways SG� on the grounds of the American Legion twice per year at no cost to the American Legion. (j�,s�,�, cern e ern S d stisz C ��� EASEMENT AGREEMEUT THIS AGREEMENT, made this day of , 1996) by and between the CITY OF SEBASTIAN, a municipality within Indian River County in the State of Florida, whose address is 1225 Main Street, Sebastian, Florida 32958, hereafter called "CITY" and the CHARLES L. FLITCH POST NO. 189, DEPARTMENT OF FLORIDA, AMERICAN LEGION, INC. whose address is 807 Louisiana Avenue, Sebastian, Florida 32958, hereinafter called the "AMERICAN LEGION", a non-profit corporation existing under the laws of the State of Florida. WITNESSETH: WHEREAS, the American Legion is the owner of property located at 807 Louisiana Avenue, and legally described as follows: Beginning at a point 300 foot west of an iron pipe at the corner of southwest quarter of Section 6; Township 31 South, Range 39 East, running south 103 feet 6 inches; thence running northeast along the north side of Fellsmere Road 182 feet 6 inches; thence running west to the point of beginning. WHEREAS, the City has continuously maintained a dirt driveway across the American Legion property for ingress/egress to the Sebastian Public Works Compound/City Garage located at 805 Louisiana Avenue since the Compound was first established, and, WI]EREAS, the American Legion has never objected to such use, and, WHEREAS, the City wishes to continue to use the Property for ingress and egress but desires to relocate the driveway to the west of its present location and to record an ingress/egress easement for use of the driveway in the Official Records of Indian River County, WHEREAS, the American Legion has consent to said relocation, and NOW, THEREFORE, for and in consideration of the premises and other good and valuable consideration the AMERICAN LEGION and CITY OF SEBASTIAN agree as follows: 1. The American Legion hereby grants an easement to the City for the purpose of ingress and egress as described on the Sketch of Legal Description Prepared by Masteller, Moler and Reed as signed by Stuart A. Houston, PSM #4490, the City of Sebastian agrees to grade and maintain the dirt drive to be located within the confines of the easement, sod that portion of the existing driveway outside the legally EASEMENT AGREEMENT described easement, and at the request of the Commander of the American Legion, the Public Works Department shall grade the shell parking lot and driveways on the grounds of the American Legion twice per year at no cost to the American Legion. The City agrees that the American Legion and its successors and assigns will be permitted to utilize the driveway for ingress and egress. IN WITNESS WBEREOF, the CITY and AMERICAN LEGION has caused these presents to be executed in their names, the day and year first written above. Signed, sealed and delivered in the presence of: By Signature Printed Name By: Signature Printed Name STATE OF FLORIDA COUNTY OF INDIAN RIVER CHARLES L. FUTCH AMERICAN LEGION POST By Signature Printed Name Title The foregoing instrument was acknowledged before me this day of by personally known to me or who has produced as identification. NOTARY PUBLIC Printed Name: Commission No. State of Florida at Large My Commission Expires: City of Sebastian, Florida g Subject: Acceptance of rant of easement in Agenda No. / 7- P 5-8 exchange for in-kind services of grading parking lot and driveway. Department Origin: City Manager Date Submitted: May 21, 1997 For Agenda of May 28 1997 g Y Exhibits: 1. Proposed Easement Agreement 2. Survey Drawing EXPENDITURE REQUIRED: AMOUNT BUDGETED: APPROPRIATION REQUIRED: in-kind services I none I none SUMMARY STATEMENT For a number of years since the Public Works Compound has been established, the City has used property owned by the American Legion for ingress and egress off Fellsmere Road without the benefit of an easement. The proposed easement agreement will provide the City with a proper means of ingress and egress. This is particularly important with the advent of the twin pairs work on Fellsmere Road. In exchange for the grant of the easement, the City proposes to grade and maintain drive within the new easement and to sod that portion lying outside the easement description. Additionally as a condition of the grant of easement, the City agrees to not more than twice yearly upon request of the Commander of the American Legion, grade the shell parking lots and driveways on the American Legion grounds at no cost to the Legion. RECOMMENDED ACTION Inasmuch as the grant of this easement will continue to allow the City to have direct access to the east bound pair, and the actual cost of the grading is deemed to be minimal in impact, it is recommended to Council to approve the easement agreement. a EASEMENT AGREEMENT THIS AGREEMENT, made this day of , 1996, by and between the CITY OF SEBASTIAN, a municipality within Indian River County in the State of Florida, whose address is 1225 Main Street, Sebastian, Florida 32958, hereafter called "CITY" and the CHARLES L. FLITCH POST NO. 189, DEPARTMENT OF FLORIDA, AMERICAN LEGION, INC. whose address is 807 Louisiana Avenue, Sebastian, Florida 32958, hereinafter Galled the "AMERICAN LEGION", a non-profit corporation existing under the laws of the State of Florida. WITNESSETH: WHEREAS, the American Legion is the owner of property located at 807 Louisiana Avenue, and legally described as follows: A parcel of land lying in sections 6 and 7, Township 31 south, range 39 east, Indian River County, Florida, being more particularly described as follows. Commencing at the north quarter corner of section 7, township 31 south, range 39 east; thence 589° 30'41"W, along the north line of said section 7, 229.18 feet to the point of beginning; thence 521° 43'35"E, 8.79 feet to a point of curvature, thence southeasterly along the arc of a curve concave to the northeast, having a radius of 45.00 feet and a delta angle of 42° 41'21 ", 33.53 feet to a point of cusp; said point lies N34° 57'21 "W from the radius point of said curve and on the northerly right-of-way of County Road 512; thence southwesterly along the arc of said curve concave to the southeast and being on the northerly right-of-way of County Road 512 having a radius of 2060.94 feet and a delta angle of 0104'4211, 38.79 feet to a point of cusp; thence northerly along the arc of a curve concave to the west having a radius of 40.00 feet and a delta angle of 11° 08'15",7.78 feet; thence N21° 43'35"W, 168.57 feet; thence N00° 24'54"E, 66.33 feet; thence S21 ° 43'35"E, 189.20 feet, to the point of beginning. Said parcel contains 0.12 acres+/- and is subject to reservations, restrictions, and easements of record. WHEREAS, the City has continuously maintained a dirt driveway across the American Legion property for ingress/egress to the Sebastian Public Works Compound/City Garage located at 805 Louisiana Avenue since the Compound was first established, and, WHEREAS, the American Legion has never objected to such use, and, WHEREAS, the City wishes to continue to use the Property for ingress and egress but desires to relocate the driveway to the west of its present location and to record an ingress/egress easement for use of the driveway in the Official Records of Indian River County, EASEMENT AGREEMENT WHEREAS, the American Legion has consent to said relocation, and NOW, THEREFORE, for and in consideration of the premises and other good and valuable consideration the AMERICAN LEGION and CITY OF SEBASTIAN agree as follows: 1. The American Legion hereby grants an easement to the City for the purpose of ingress and egress as described on the Sketch of Legal Description Prepared by Masteller, Moler and Reed as signed by Stuart A. Houston, PSM #4490, the City of Sebastian agrees to grade and maintain the dirt drive to be located within the confines of the easement, sod that portion of the existing driveway outside the legally described easement, and at the request of the Commander of the American Legion, the Public Works Department shall grade the shell parking lot and driveways on the grounds of the American Legion twice per year at no cost to the American Legion. The City agrees that the American Legion and its successors and assigns will be permitted to utilize the driveway for ingress and egress. IN WITNESS WHEREOF, the CITY and. AMERICAN LEGION has caused these presents to be executed in their names, the day and year first written above. Signed, sealed and delivered CHARLES L. FLITCH in the presence of: AMERICAN LEGION POST By Signature Printed Name Printtd Rahk STATE OP,FLORfbA COUNTY OF INDIAN RIVER Signature Printed Name Title EASEMENT AGREEMENT The foregoing instrument was acknowledged before me this day of by personally known to me or who has produced as identification. ATTEST: Kathryn M. O'Halloran CMC/AAE, City Clerk (Corporate Seal) STATE OF FLORIDA COUNTY OF INDIAN RIVER NOTARY PUBLIC Printed Name: Commission No. State of Florida at Large My Commission Expires: , 1996 CITY: THE CITY OF _SEBASTIAN, FLORIDA Bv: - Name: Thomas W. Frame Title: City Manager The foregoing instrument was acknowledged before me this - day of 1996 by Thomas W. Frame, as City Manager of the CITY OF SEBASTIAN, FLORIDA, on behalf of the CITY OF SEBASTIAN. He/she is personally known to me or produced as identification. NOTARY PUBLIC Printed Name: Commission No: Approved as to form and legal sufficiency Valerie Settles City Attorney &RAPHIC 5CALE 40 0 20 40 6m M sm� 600� ( IN FEET ) I Inch = 40 ft. La Z A& A C -411f% A h I I f'% I t % -\ivi L -%1v L. 0 % Ive, 1.50AL OESCMIPMON: LIUML VEV-Q"C% A PAA= CP LAND LYNO IN S8=1010 6 MV 1, 70"CW 01 SMM pANM aq EAST. DOM4 R1V9A COMM, FL WA. 0049 MORE pAgnCM.M;tLy DESC449W A6 FVU.OHS@ c4t�a AT IM NOM aIA97M CORNER OF MaTICNI TOWSHP 51 SO^ RANGE 54 B*&Ti WCNM 5E413044% N-0049 IM Wgm UM or SAO SECTION -1. 22q•1& Mr To TM POW OF 056"041!h THENL,e 90*40WRF- 4&7A IzMr TO A FOO OF CAWAIVM T"3M SaVaCASTSAy ALOW *PV AM OF A CAPIA CO CAVE TO THE Noizr"W, #A~ A PACMO OF 45DO I'MT MV A VMTA MMU OF 42o4121-. WM FM To A POM OF aw N54*51" 1`1440" MG RMX* FODIT OF SA O=Awcm YM NORIMMY FMW-CF-l4ky OF COUNTY P41AV MZ THOM 50UI1141ESIMICY AIDC W TME M4 OF SOkV CJA;t\* CONCAVE TO THE 90UMPOT NO DEM, ON IM NORTICIRLY PAW-OF44hy OF C4VWY ROAD MZ MVM A PAPM OF 2060014 FM AM A PELTA M*&E OF 01*04'421. 56.'M FEET TO A POW OF CUSP; yHOM NoRnaRLY ALOW IM ARC CIF A CMA C41CoAyl! TO THE AZT tW~ A RAMS M 40,00 FEET AM A VILTA ANOW OF Ilvalso, IM "MT, TMWX K21*49W*K "51 FMh TM9M N00824%4'T:. 662!0 Flier's THENCE 52-45W'P. Wq.20 FEET. TO 7W_ POW OF 81561N 49 SAIP PARM C4RrAM 032 AC4;M*/- AMP 15 _"A% GT TO RMSEWATIOMN ItESTPACT14M AM EASEMOM OF PEC40RD. . ........... .... ....... _;;10 ­oo0 00 , . .... ... ... 0 4 .0001. . ......... ....... ........... uJ2 le 518w IR FD. ....... ... ............ ......... . . .... It 45 e NORTH 1/4 QUARTER 7-�31S-39E 7.1 ............. .. ... ............ ..... ... 10-11 . . . . . . . 40,0000e . . . . . . . . . . . . . . . . . . . . .... ....... ...... ...... . . . . . . . . . . .... R a 40.000 L u 1.10" A c; *04"A-9 2P I I 4346Dkrg PISK"6 J THE BEARING BASE FOR THIS SURVEY IS AS FOLLOWS: S89'W41"E ASSUMM ALONG THE NORM LINE OF SEC110M 7-310-39E R - RADIUS L - LENGTH &wDMTA P.O.C.- point of cornmencon ent P.B.B.- point of booming SKETCH OF LEGAL PESMPMON NOT A BOUNDARY 5URVEYI PREPARED BY. MASTELLER, MOLER & REED LM SURVEYING BUSUHM #46" 1623 N. US I SUM B2 SIMASnO. FL 32958 NOT VALID KITHOUT THE 51eNATURE AND THE ORI &INAL RA15ED 5EAL OF A FLORIDA 1_15CEM5EP Wf:Z\/EYOR AND MAPPER. 4r5binrL A. Houstort., P.5.M. #44CIO GRAPHIC, SCALE 10 0 20 40 ( IN FEET) I Inch = 40 ft. A HNr-[)1/�A AI I r/N I/'VAI r' IL-I\I of-" L. L_1,7111II I Ip = li°OfS'i5" R >z 40.00' L r ,.16' 439 J7WS DISK"& x I THELE N21 45W'K 19951 FEET, THENCE 1,100.2454"M 6698 PEST, THENCE 521.433YE, 194.20 HET, TO THE POINT OF BEGINNING. ' / l 5AD PARCEL CONTAINS OJ2 ACRE5*1- AID 15 SUB.EGT TO RE50RVATTONS4 i' RESTRICTIONS, AND EA68 ET15 OF R5CORD. 45%.0 — A s 4041'21' ' ��� I P.D.G. SKETCH OF LEGAL DESCRIPTION m ,pQI vt�y I 15/8" IR FD. NOT A BOUNDARY 51JRVEYI NORTH 1/4 QUARTER 7-31 S -39E PREPMASTELLER, MOLER & REED i/ i LAND SURVEYING BUSINESS #4644 1623 N. US I SUITE B2 /j SEBASTIAN, FL. 92958 0ENERAL NOTE -5: NOT VALID WITHOUT THE 516NATURE AND THE BEARING BASE FOR THIS SURVEY FOLLOWS:THE ORIGINAL RAISED SEAL OF A FLORIDA � S8930'41'E ASSUMED ALONG THE NORTH LIOF UNE OF SECTION 7 -31S -39E L15GENSED SURVEYOR AND MAPPER. R - RADIUS L - LENGTH A—DELTA P.O.C. point of commencement P.0.8.= point of beginning �a . ll�_ 5tvart A, Houston. a1301gG P.5,M. #44c[O L"AL DESCRIPTION: LEGAL DESCRIPDOU A PARCIEL OF LAND LYING IN SE011OUS 6 AID 7, 70146HNP 81 9gNH , I RAN SE 59 EAST, INDIAN RIVER COUNIY, FLORIDA OEM MORE j W I PARTICAAJNRLY DEQ .BLEED AS POLLOWE Z I COM4ENGIN5 AT THE NORTH GUARTM CORHER OF SECTION 7, TOw15HIP W 31 SOUTH, RANEE 54 EAST, Q THENCE 594"30'4l% ALONE THE NORTH LINE OF SAID SECTION 7, 229.19 FEET TO THE POW OF BE6DNM5, i Q T®NCE 521.48'35'E, 9.19 FEET TO A POINT OF CURVATURE, Z 1NOR THENCE SOUTHEASTERLY ALONG THE ARC OF A CURVE CONCAVE TO THE N MAST, HAV9 A RADNU5 or 45D0 FEET AND A VHLTA MOLE OF . i N 42.41'21', X53 PEST TO A POINT OF CA)SP, SAID PONT LEES I =O N54'5T'21'N FROM THE RADIUS POINT OF SAID CURVE AND ON THE I NORTHERLY RIGHT -OP -WAY O' CM41 Y ROAD 5121 THENCE 50UTW*518tLY NjONS THE ARG OF 5AD CURVE CONCAVE TO THE SOUTHEAST AND OEM ON THE NORTHERLY RI6HT-0FWAY OF GOMTY ROAD 512, HAV146 A RADIIS OF 2060.94 FEET AND A DELTA " I ANGLE OF 01.04'42•, 89.79 PffT TO A P004T OF CAW, THENCE NORTHERLY ALONG THE ARL OF A CURVE CONCAVE TO THE HEST HAVMA A RADIUS OF 40,00 FEET AND A DELTA ANSLE OF 11.0915•, 7.78 PEST, x I THELE N21 45W'K 19951 FEET, THENCE 1,100.2454"M 6698 PEST, THENCE 521.433YE, 194.20 HET, TO THE POINT OF BEGINNING. ' / l 5AD PARCEL CONTAINS OJ2 ACRE5*1- AID 15 SUB.EGT TO RE50RVATTONS4 i' RESTRICTIONS, AND EA68 ET15 OF R5CORD. 45%.0 — A s 4041'21' ' ��� I P.D.G. SKETCH OF LEGAL DESCRIPTION m ,pQI vt�y I 15/8" IR FD. NOT A BOUNDARY 51JRVEYI NORTH 1/4 QUARTER 7-31 S -39E PREPMASTELLER, MOLER & REED i/ i LAND SURVEYING BUSINESS #4644 1623 N. US I SUITE B2 /j SEBASTIAN, FL. 92958 0ENERAL NOTE -5: NOT VALID WITHOUT THE 516NATURE AND THE BEARING BASE FOR THIS SURVEY FOLLOWS:THE ORIGINAL RAISED SEAL OF A FLORIDA � S8930'41'E ASSUMED ALONG THE NORTH LIOF UNE OF SECTION 7 -31S -39E L15GENSED SURVEYOR AND MAPPER. R - RADIUS L - LENGTH A—DELTA P.O.C. point of commencement P.0.8.= point of beginning �a . ll�_ 5tvart A, Houston. a1301gG P.5,M. #44c[O EASEMENT AGREEMENT THIS AGREE made this _ day of 1996, by and between the CITY OF SEBASTIAN, a unicipality within Indian River County in the State of Florida, whose address is 122' Main Street, S astian, Florida 32958, hereafter called "CITY" and the CHARLES L. FUTCH POST NO. 189, D TMENT OF FLORIDA, AMERICAN LEGION, INC. whose address is 807 Louisiana Avenue, ebutian, Florida 32958, hereinafter called the "AMERICAN LEGION", a non-profit corporation a 'sting under the laws of the State of Florida. WITNESSE : WHEREAS, the American Legion is th caner of property located at 807 Louisiana Avenue, and legally described as follows: A parcel of Ian lying in sections 6 and 7, Township 31 south, range 39 east, Indian River County, Florida, be more particularly described as follows. Commencing at the north quarter corner of section 7, t wnship 31 south, range 39 east; thence 589°30'41"W, along the north line of said section 7, 2 .18 feet to the point of beginning; thence 521° 43'35"E, 8.79 feet to a point of curvature, the a southeasterly along the arc of a curve concave to the northeast, having a radius of 45.00 feed a delta angle of 42° 41'21", 33.53 feet to a point of cusp; said point lies N34° 57'21"W from he radius point of said curve and on the northerly right-of-way of County Road 512; thence sohwesterly along the arc of t said curve concave to the southeast and being on the northerly rig -of-way of County Road 512 having a radius of 2060.94 feet and a delta angle of 0l°04'42", 8.79 feet to a point of cusp; thence northerly along the arc of a curve concave to the west ha ' g a radius of 40.00 feet and a delta angle of 11°08'15",7.78 feet; thence N21043'35"W,168. feet; thence N00024'54"E, 66.33 feet; thence S21'43'35"E, 189.20 feet, to the point of Said parcel contains 0.12 acres+/- and is subject to reservations, restrictions, of record. WHEREAS, the City has continuously maintained a dirt driveway across the American property for ingress/egress to the Sebastian Public Works Compound/City Garage located Louisiana Avenue since the Compound was first established, and, WHEREAS, the American Legion has never objected to such use, and, WHEREAS, the City wishes to continue to use the Property for ingress and egress but desires to relocate the driveway to the west of its present location and to record an ingress/egress easement for use of the driveway in the Official Records of Indian River County, EASEMENT AGREEMENT WHEREAS, the American Legion has consent to said relocation, and NOW, THEREFORE, for and in consideration of the premises and other good and valuable consideration the AMERICAN LEGION and CITY OF SEBASTIAN agree as follows: 1. The American Legion hereby grants an easement to the City for the purpose of ingress and egress as described on the Sketch of Legal Description Prepared by. Masteller, Moler and Reed as signed by Stuart A. Houston, PSM #4490, the City of Sebastian agrees to grade and maintain the dirt drive to be located within the confines of the easement, sod that portion of the existing driveway outside the legally described easement, and at the request of the Commander of the American Legion, the Public Works Department shall grade the shell parking lot and driveways on the grounds of the American Legion twice per year at no cost to the American Legion. The City agrees that the American Legion and its successors and assigns will be permitted to utilize the driveway for ingress and egress. IN WITNESS WHEREOF, the CITY and AMERICAN LEGION has caused these presents to be executed in their names, the day and year first written above. Signed, sealed and delivered CHARLES L. FUTCH in the presence of: AMERICAN LEGION POST By Signature Printed Name Printed Nwnh STATE OP FLORIDA COUNTY OF INDIAN RIVER Signature Printed Name Title EASEMENT AGREEMENT The foregoing instrument was acknowledged before me this day of by personally known to me or who has produced as identification. ATTEST: Kathryn M. O'Halloran CMC/AAE, City Clerk (Corporate Seal) STATE OF FLORIDA COUNTY OF INDIAN RIVER NOTARY PUBLIC Printed Name: Commission No. State of Florida at Large My Commission Expires: , 1996 CITY: THE CITY OF SEBASTIAN, FLORIDA Bv: Name: Thomas W,. Frame Title: Citv Manager The foregoing instrument was acknowledged before me this day of 1996 by Thomas W. Frame, as City Manager of the CITY OF SEBASTIAN, FLORIDA, on behalf of the CITY OF SEBASTIAN. He/she is personally known to me or produced as identification. NOTARY PUBLIC Printed Name: Commission No: Approved as to form and legal sufficiency Valerie Settles City Attorney V� .0 s EASEMENT AGREEMENT This Agreement made thist day of , 1997, by and between the City of Sebastian, a municipality within Indian River County in the State of Florida, 1225 Main Street, Sebastian, Florida 32958, ("City") and the Charles L. Futch Post No. 189 Department of Florida American Legion, Inc., 807 Louisiana Avenue, Sebastian, Florida 32958, ("American Legion"), a non-profit corporation existing under the laws of the State of Florida. WHEREAS, the American Legion is the owner of property located at 807 Louisiana Avenue ("Property"), and legally described as follows: A parcel of land lying in sections 6 and 7, Township 31 south, range 39 east, Indian River County, Florida, being more particularly described as follows: Commencing at the north quarter corner of section 7, township 31 south, range 39 east; thence 589°30141"W, along the north line of said section 7, 229.18 feet to the point of beginning; thence 521°43135"E, 8.79 feet to a point of curvature, thence southeasterly along the arc of a curve concave to the northeast, having a radius of 45.00 feet and a delta angle of 42°4112111, 33.53 feet to a point of cusp; said point lies N34°57'21"W from the radius point of said curve and an the northerly right-of-way of County Road 512; thence southwesterly along the arc of said curve concave to the southeast and being on the northerly right-of-way of County Road 512 having a radius of 2060.94 feet and a delta angle of 0104'42", 38.79 feet to a point of cusp; thence northerly along the arc of a curve concave to the west having a radius of 40.00 feet and a delta angle of 11°08'15",7.78 feet; thence N21°43'35"W, 168.57 feet; thence N00°24'54"E, 66.33 feet; thence S21°4313511E, 189.20 feet, to the point of beginning. Said parcel contains 0.12 acres+/- and is subject to reservations, restrictions, and easements of record. WHEREAS, the City has continuously maintained a dirt driveway across the Property ("Exsisting Driveway") for the purpose of ingress and egress to and from the Sebastian Public Works Compound/City Garage located at 805 Louisiana Avenue ("Compound"), since the Compound was fist established; and, WHEREAS, the American Legion has never objected to such use; and, WHEREAS, the City wishes to continue to use the Property for ingress and egress to and from the Compound, but desires to relocate the Existing Driveway to the west of its present location ("Relocated Driveway') and to record an ingress/egress easement for use of the Relocated Driveway in the Official Records of Indian River County; and WHEREAS, the American Legion has consented to said relocation NOW, THEREFORE, for and in consideration of the premises and other good and valuable consideration, the sufficiency of which is hereby acknowledged, the American Legion and the City hereby agree as follows: 1. The above recitals are incorporated herein as if set forth in their entirety. The American Legion hereby grants an easement to the City for the construction and maintenance of the Relocated Driveway for the purpose of ingress and egress as described on the Sketch of Legal Description prepared by Masteller, Moler and Reed as signed by Stuart A. Houston, PSM #4490, a copy of which is attached hereto and incorporated herein by this reference as Exhibit "A". The City agrees that the American Legion and its successors and assigns will be permitted to utilize the Relocated Driveway for ingress and egress to and from the Property. Z. The City agrees to grade and maintain the Relocated Driveway and to sod the remainder of the Existing Driveway. 3. At the request of the Commander of the American Legion, the City shall grade the shell parking lot and driveways on the Property twice per year. IN WITNESS WHEREOF, the City and the American Legion have caused these presents to be executed in their names, the day and year first written above. CHARLES L. FUTCH AMERI AN LEGION P 89 By: Title: C STATE OF FLORIDA COUNTY OF INDIAN RIVER The foregoing instrument was acknowledged before me this �4-- day of 997 by personally known to me or who has produced )q, as identification. J52S- 533 -al -,213 - D NOT PUBL / r • ,..,. SALLY A. MAIO /) z �'1 :. MY COMMISSION f CC 401774 Printed Naiie: �(tiZSeJ.l /4. Aal,� EVIM: October 5 1998 % ! '�-0-sawo Tho, Notary Commission No. v Pub6C tb�de�miters State of Florida at Large My Commission Expires: 101 r�gt THE CITY OF SEBASTIAN, FLORIDA By: uJ• (A6e'0'4� Title: City Manaa_erU STATE OF FLORIDA COUNTY OF INDIAN RIVER The foregoing instrument was acknowledged before me t ' td4 o1997 by Thom s W. Frame, as City Manager of the CITY OF SEBAS, FLO on behalf of t /TY i OF SEBASTIAN. Heft is personally known to me or -,r =t: . z 1�I iiEir. dull. LINDA M. GALLEY W COMMISSION 0 CC 375724 EWRES: A=18,1998 Bolded Thm KQWY Pid* ulftYgril r S� r r J 40 oo =` �! Inc 40 J lir Rkal lu � � � � � .•i� i �''�r Y �' 11 r'� it � t r � l /'�1 .p.�C�� " "�L �/p�/s AS ra •tts /QST 500 . .•absoeZi av ow ro Ufa Poo -r nav 44 It �tr rA op •� rj * 1 ' �+ .. '�.. r r r l ' �f l `l���r��0 `�T GR r{p4{^1� j _SAb 466 ro /4 ~�•• 77x'7''' ♦ r © ` r ('��� ``"'►TCP �'i�/$� '�.<�«:� ��' �'�`•?/� •4/`/.y- ` ,,,,..,- Q�j� SIL+ - ���- / `,t a'�+�.� ro / M'I.24•si'C t i. i a opq Arora W .. , "' �' Imo•( �`"� I I� 044 �..'-••��' + ••�}�'� +�(j -4 f ,r `~3/ V." 9p WAR ,. '� +�• `.ITER Nor ova SEC �•e� `'r tic NO n0AF X. Jls 34110 u se fttryOC AS f In NoTlq 4: S N69R/I Np ytliry� ' "� s rf�,4 1�EED h o�� rN SELFAl- Of L op OR SND AVr- Mq to, 'V' Z M ~ �M � U. WZ - tA 4 Z U- 25 O to NM N V � DEE©$ • o NOTE S !002723 97 JUS! 17 P;l 1: 13 .11rTREY K. PARVIN, CLERK !KMMWRflsOF Msi ho &N iq GOUiNTY EASEMENT AGREEMENTBEY K. BARTON "N" t N M%WZFULFAn. This Agreement made thisQ&�day of , 19972 by 'and :bet�veeri�thelCity of Sebastian, a municipality within Indian River County in the State of Florida, 1225 Main Street, Sebastian, Florida 32958, ("City") and the Charles L. Futch Post No. 189 Department of Florida American Legion, Inc., 807 Louisiana Avenue, Sebastian, Florida 32958, ("American Legion"), a non-profit corporation existing under the laws of the State of Florida. WHEREAS, the American Legion is the owner of property located at 807 Louisiana Avenue ("Property"), and legally described as follows: A parcel of land lying in sections 6 and 7, Township 31 south, range 39 east, Indian River County, Florida, being more particularly described as follows: Commencing at the north quarter corner of section 7, township 31 south, range 39 east; thence 58903014111W, along the north line of said section 7, 229.18 feet to the point of beginning; thence 521043'35"E, 8.79 feet to a point of curvature, thence southeasterly along the arc of a curve ;:gncave to the northeast, having a radius of 45.00 feet and a delta angle of 42041'2111, 33.53 feet to a point of cusp; said point lies N34°57'21"W from the radius point of said curve and an the northerly right-of-way of County Road 512; thence southwesterly along the arc of said curve concave to the southeast and being on the northerly right-of-way of County Road 512 having a radius of 2060.94 feet and a delta angle of 01 ° 04142119 38.79 feet to a point of cusp; *hence northerly along the arc of a curve concave to the west having a radius of 40.00 feet and a delta angle of 11°08'15",7.78 feet; thence N21043'35"W, 168.57 feet; thence N00 °24'54"E, 66.33.feet; thence S210431 ' 35"E, 189.20 feet, to the point of beginning. Said parcel contains 0.12 acres+/- and is subject to reservations, restrictions, and easements of record. WHEREAS, the City has continuously maintained a dirt driveway across the Property CMxsisting Driveway") for the purpose of ingress and egress to and from the Sebastian Public Works Compound/City Garage located at 805 Louisiana Avenue ("Compound"), since the Compound was forst established; and, WHEREAS, the American Legion has never objected to such use; and, V WHEREAS, the City wishes to continue to use the Property for ingress and egress to and from the Compound, but desires to relocate the Existing Driveway to the west of its present location C'Relocated Driveway') and to record an ingresslegress easement for use of the Relocated Driveway in the Official Records of Indian River County; and WHEREAS, the American Legion has consented to said relocation NOW, 'THEREFORE, for and in consideration of the premises and other good and valuable consideration, the sufficiency of which is hereby acknowledged, the American Legion and the City hereby agree as follows: 1. The above recitals are incorporated herein as if set forth in their entirety. The American Legion hereby grants an easement to the City for the construction and maintenance of the Relocated Driveway for the purpose of ingress and egress as described on the Sketch of Legal Description prepared by Masteller, Moler and Reed as signed by Stuart A. Houston, PSM #4490, a copy of which is attached hereto and incorporated herein by this reference as Exhibit "A". The City agrees that the American Legion and its successors and assigns will be permitted to utilize the Relocated Driveway for ingress and egress to and from the Property. 2. The City agrees to grade and maintain the Relocated Driveway and to sod the remainder of the Existing Driveway. 3. At the request of the Commander of the American Legion, the City shall grade the shell parking lot and driveways on the Property twice per year. IN WITNESS WHEREOF, the City and the American Legion have caused these CD presents to be executed in their names, the day and year first written above. C11 Un W cn CHARLES L. FUTCH AMERIAN LEGION P 89 t By: Title: STATE OF FLORIDA COUNTY OF INDIAN RIVER w The foregoing instrument was acknowledged before me this day of 997 by personally known to me or who has produced )'L as identification. 533 -a! -4213 -0 r" SALLY A. MA10 W COMMISSION 0 CC 401774 EXPIRES: October 5,19% Bonded MM Nfty PuW tfidon�rtEsre THE CITY OF SEBASTIAN, FLORIDA By: U). (2zev'�� Title:i�ManagerU STATE OF FLORIDA COUNTY OF INDIAN RIVER The foregoing instrument was acknowledged before me t ' d o 1997 by Thom s W. Frame, as City Manager of the CITY OF SEBASTIAN, FL O 'on behalf of t e TY OF SEBASTIAN. Hem is personally known to me o -pjL udu"-d NOT ' PUBL Printed N e: � Commission No. c' V, State of Florida at Large My Commission Expires: LINDA M. GALLEY MY COMMISSION A CC 375724 EXPIRES: dime 18, 1998 Bonded Thm Notary Proms Undenv bra f Commission1 & -,� J.7 n-7re 1 7PG 1*5 � 7 ��bT � ��s�M n8� S�e3s � Q/�� v�yl Jo� : a `Sill S Sid &0., ftsY � u�3s ,! ,^►%'' �"``�.,,`` .joY r OOP •yrs no *A F.v /1! Ko - - ,�►b �€ �r 7-- ,,E,� fit• *?3P ' l Q is �"�, I �,1 � +_ y.. ` rte.. i.rrr w � ✓ �jy `�v � /(�.i �J+V ya,_ y � :p t � ,.,, � s 1 � .: � •, �.t►,ft.blil l "'tel t g� � ~ ,,,,.-� _�„ _ •. � :.���a r RAI01 ANPOV ar.�.r� y i (jd,,,,,,,. J�ty��► ~. r�,,�1�,; gar t "�s-..ti�j OAAK OA g,Atotp Xtra'+ �1►u�yar y �t ; etc f,. �;,;,•—';.' '' '` ' '9t. Oj � y�_�.�I� Q� �.tt�t� �ii �+R/ �y�`�i - _ ' .� � � . w•' /• • ./.twoVU �" ..,,r • •� . ,�� � t� ::i:«'..^••.'•: '[��' 1 aT(%�'.,.�V y �Q l� ��Q9,ii9,� '?•t1"ry= V ` ` st ::;";N -Ma, mai err" tK r 0 00 JAMI ft4voft 44 $it* 04 _'",al �� dam, ,arr,�,�����C �s � .• �, '..{ o''� •a: �` C, jA • �% C,i i • �r l 1WMo Cit p "%amw-o�' 1225 MAI of s eb T �C FPN N� 58 E 0 330AS a st � 58O 11.4 FAX (561) 89-SS708 To: Janet From' ga Inman, Irate Daeffect: Check O Halloran C. F'nance Director f June IQ 'Request y Clerk Please Issue a check as fo//oks: A IIYV� $49,30 .P'4 V, Clerk Cir V Box 1028 cult Court ro Bea Reach, FL 32960 eQordi 9mericCoUnty De d (Tract ns R-97-32 glon Linda G leey and C ty nit 9) and Ea em rat Aacation opEas 8 ITT . Y gree rat ements ane between (Pum -,Inc v ' DEED 1002123 97 JUN 17 Pi's 1: 13 NOTE f �1 ;rilry K aentnN. CLERK MTFREY ERECORDSO i 1 0 i*4binN RN + :`,'util Y EASEMENT AGREEMENT JERKCIR CIRCUIT BARTON 4`.1ENK CIRCUIT COQ Ri W�IAN IMVtsf# Cl1-r This Agreement made thisA'(day of 1,11Y)1„ 1997, by and between the City of I Sebastian, a municipality within Indian River County in the State of Florida, 1225 Main Street, Febastian, Florida 32958, ("City") and the Charles L. Futch Post No. 189 Department of Florida nmerican Legion, Inc., 807 Louisiana Avenue, Sebastian, Florida 32958, ("American Legion"), a non-profit corporation existing under the laws of the State of Florida. WHEREAS, the American Legion is the owner of property located at 807 Louisiana Avenue ("Property"), and legally described as follows: A parcel of land lying in sections 6 and 7, Township 31 south, range 39 east, Indian River County, Florida, being more particularly described as follows: Commencing at the north quarter corner of section 7, township 31 south, range 39 east; thence 589°30'41"W, along the north line of said section 7, 229.18 feet to the point of beginning; thence 521043'35"E, 8.79 feet to a point of curvature, thence southeasterly along the arc of a curve ;.,)ncave to the northeast, having a radius of 45.00 feet and a delta angle of 42°41'21", 33.53 feet to a point of cusp; said point lies N34°57'21"W from the radius point of said curve and ,in the northerly right-of-way of County Road 512; thence southwesterly along the are of said curve concave to the southeast and being on the northerly right-of-way of County Road 512 having a radius of 2060.94 feet and a delta angle of 01'04'42", 38.79 feet to a point of cusp; thence northerly along the arc of a curve concave to the west having a radius of 40.00 feet and a delta angle of 11'08'15",7.78 feet; thence N21°43'35"W, 168.57 feet; thence N00°24'54"E, 66.33 feet; thence S21°43'35"E, 189.20 feet, to the point of beginning. Z 00 Said parcel contains 0.12 acres+/- and is subject to reservations, restrictions, and ¢ rn m easements of record. m`nii N ¢ Z WHEREAS, the City has continuously maintained a dirt driveway across the Property u_24 F N< ("Exsisting Driveway") for the purpose of ingress and egress to and from the Sebastian Public Works _gym v N Compound/City Cranage located at 805 Louisiana Avenue ("Compound"), since the Compound was T f-st established; and, WHEREAS, the American Legion has never objected to such use; and, WHEREAS, the City wishes to continue to use the Property for ingress and egress to and from the Compound, but desires to relocate the Existing Driveway to the west of its present location ("Relocated Driveway") and to record an ingresslegress easement for use of the Relocated Driveway in the Official Records of Indian River County; and WHEREAS, the American Legion has consented to said relocation NOW, THEREFORE, for and in consideration of the premises and other good and valuable consideration, the sufficiency of which is hereby acknowledged, the American Legion and the City hereby agree as follows: 1. The above recitals are incorporated herein as if set forth in their entirety. The American Legion hereby grants an easement to the City for the construction and maintenance of the Relocated Driveway for the purpose of ingress and egress as described on the Sketch of Legal Description prepared by Masteller, Moler and Reed as signed by Stuart A. Houston, PSM #4490, a copy of which is attached hereto and incorporated herein by this reference as Exhibit "A". The City agrees that the American Legion and its successors and assigns will be permitted to utilize the Relocated Driveway for ingress and egress to and from the Property. 2. The City agrees to grade and maintain the Relocated Driveway and to sod the remainder of the Existing Driveway. 3. At the request of the Commander of the American Legion, the City shall grade the shell parking lot and driveways on the Property twice per year. IN WITNESS WHEREOF, the City and the American Legion have caused these o presents to be executed in their names, the day and year first written above. Ln c-� CHARLES L. FLITCH AMERI AN LEGION P 89 By: Title: t STATE OF FLORIDA COUNTY OF INDIAN RIVER .24 The foregoing instrument was acknowledged before me this day of 997 by personally known to me or who has produced ft '00 Lcllp--Up as identification. 5625^ 533 -al - oZI.5 - U ,, SALLY A. MAIO -,Y MY COMMISSION # CC 401774 EXPIRES: October 5, 19988 Bonded Thr, Notary Nft Undwxbm THE CITY OF SEBASTIAN, FLORIDA By: 1 ct) • - Title: City Manasep STATE OF FLORIDA NOT 'PUBL ll Printed Name: Commission No. State of Florida at Large My Commission Expires: /D S COUNTY OF INDIAN RIVER The foregoing instrument was acknowledged before met ' d o 1997 by Thom s W. Frame, as City Manager of the CITY OF SEBASTIAN, FL on behalf of t e TY OF SEBASTIAN. He/she is personally known to me of:-r..,JL."1 �SST�1'TCT�I�:hlfr.r:i. ,,,••L;g�"'��..,, LINDA M. GALLEY MY COMMISSION 0 CC 975724 EXPIRES: June 18, 1898 BonM tutu Notary Public UndenrAsm 8 Ul J ��i vLn Prin d Name., Q W Commission t rlr--v WO Fav �ASSOOcaMr � rH /,,_ cow to cow t Zi to ATWI eA 11A 010 N1 Grr h!° *A.D sCl� per° •O•' K ~� \�� Yom` « -.. = w+w. _.. "" r t �ti`"' y..•�R� � �:o gip.,,'"'+�o' per" \,e TO • •`• ` h+;•�f. "� •"' ... .....r......+. •s r .` .r+[/ �K�7 A -\f((CF �'wT 4L. rT ~ CeLrq Q '� AM / r° 'Vi com "r a ; , Q ae ,¢ s8go3Qr4 p i_..•-•-�'P -� *os.� . is ro 76 ci t rr.�rt�odk+tj,,,• + rnk: a ',,, .''-" rr.. ��� w�'�''� � OA '10'".'" FROSEC nay �ry Ft r 31S„3gF µaY 7hr JVCVj V Falto ft. /�/ 3 lV, " "' uY1Y1 Q -` !: 1 l "F °F or V e�'''�nrUs ' $uSER a.: !A S �l?�C/ It) l"l/TNo P4 ase � '� &SRED PQ rA PQ6�. : cr 11 ENs�p RA Poht barn sU s+` ` '� fJr• AL op ) t a. r r _ It I 40 i Gf� SET ° 40 t rlr--v WO Fav �ASSOOcaMr � rH /,,_ cow to cow t Zi to ATWI eA 11A 010 N1 Grr h!° *A.D sCl� per° •O•' K ~� \�� Yom` « -.. = w+w. _.. "" r t �ti`"' y..•�R� � �:o gip.,,'"'+�o' per" \,e TO • •`• ` h+;•�f. "� •"' ... .....r......+. •s r .` .r+[/ �K�7 A -\f((CF �'wT 4L. rT ~ CeLrq Q '� AM / r° 'Vi com "r a ; , Q ae ,¢ s8go3Qr4 p i_..•-•-�'P -� *os.� . is ro 76 ci t rr.�rt�odk+tj,,,• + rnk: a ',,, .''-" rr.. ��� w�'�''� � OA '10'".'" FROSEC nay �ry Ft r 31S„3gF µaY 7hr JVCVj V Falto ft. /�/ 3 lV, " "' uY1Y1 Q -` !: 1 l "F °F or V e�'''�nrUs ' $uSER a.: !A S �l?�C/ It) l"l/TNo P4 ase � '� &SRED PQ rA PQ6�. : cr 11 ENs�p RA Poht barn sU s+` ` '� fJr• AL op ) t a. 20( Permit Application No. City of Sebastian Development Order Application Applicant (If not owner, written authorization (notarized) from owner is required) Name: Address: AMMCAN LAN rakRLES L. FUTCH POST -189 Phone Number. ( ) 803 LOUISIANA Av>-. FAX Number ( ) - SE,BAMI:N• FL 32958-4111 E -Mail: Owner (If different from applicant) Name: Address: AMERICAN LEGION C 'Uc T Fr rrm POST --W Phone Number. ( ) 8C 7 LOUISIANA AVE -FAX Number. E -Mail: Type of permit or action requested: ,VE.l,,-.,, s, Otc CASEM oFM7' PLEASE COMPLETE ONLY THOSE SECTIONS WHICH ARE NECESSARY FOR THE PERMIT OR ACTION THAT YOU ARE REQUESTING. COPIES OF ALL MAPS, SURVEYS, DRAWINGS, ETC. SHALL BE ATTACHED AND 81/2" BY 11" COPIES OF ANY ATTACHMENTS SHALL BE INCLUDED. ATTACH THE APPROPRIATE SUPPLEMETAL INFORMATION FORM. A. Project's Name (if applicable): AVOZ11 4w Z&%eVA PosT ISq B. Site Information Addr 0 I�OL//siA�1/� ,�D. �FiBA'1�. �• 3'Z�.I*S ~ �E IQ�T���� �. Lot: Block: Unit: Subdivision: Indian River County Parcel * Zoning Classification: Existing Use: ZIF41bw P0.17- Future Land Use: -ro $ E Sot > Proposed Use: C. Description of proposed activity and purpose of the requested permit or action (attach extra sheets if necessary): � !S / �S ZAWO AS' /S 84o7' W9" &P,f*v?" To a DATE RECEIVED: 2FEE PAID: $ /00 •tlO RECEIVEDkY: Form CD -2001 Page l of 3 Development Application _,! roved: 08/27/97 Revision: I File Name: Doa Permit Application No. D. Project Personnel: Agent: Name: Address 7�Z SEL��ST /�• , �;E�3�.sf/�i�, �. 3 2 W -AB Phone Number. ) - FAX Number ( ) - .6f S�3g•o2oS E -Mail: f1i J & Attorney: t Name: C Address Phone Number. E -Mail: Engineer. f1i J & Name: t Address Phone Number E -Mail: FAX Number. ( } FAX Number. ( ) Surveyor: h Name: Address Phone Number. ( ) - FAX Number. E -Mail: B6149 JJZ • , BEING FIRST DULY SWORN, DEPOSE AND SAY THAT: l AM THE LEGAL REPRESENTATIVE OF THE OWNER OF THE PROPERTY DESCRIBED WHICH IS THE SUBJECT MATTER OF THIS APPLICATION NO THAT ALL THE I RMATION, MAPS, DATA ANDIOR SKETCHES PROVIDED IN THIS APPLICATION ARE CC RATE TRUE T BEST F KNOWLEDGE AND BELIEF. /.-)-0 fcb SIGNATURE DAT Ef SWORN TO AND -gC- EFORE ME BY "ICIUL.• �%I - WHO 1� R PRODUCED AS IDENTIFICATION, THIS DAY O % b V NOTARY'S SIGNATURE ' PRINTED NAME OF NOTARY D yk. DOROTHY M. BOSWORTH COMMISSION NO.IEXPIRATION A Suf 0 MY COMMISSION# CC 950345 SEAL: ';� 11-I EXPIRES: Jun 28, 2004 14W,I.NOTARY FL Notary Service & Bonding, Inc. r Form CD -2009 Page 2 of 3 Development Application pproved: 08/27/97 Revision: File Name: Dca Permit Application No. The following is required for all comprehensive plan amendments, zoning amendment (including rezoning), site plans, conditional use permits, special use permits, variances, exceptions, and appeals. THE LEGAL REPRESENTATIVE OF THE OWNER OF THE PROPERTY DESCRIBED WHICH IS THE SUBJECT OF THIS APPUCATION, HEREBY AUTHORIZE EACH AND EVERY MEMBER OF THE BOARD/COMMISSION OF THE CITY OF SEBASTIAN (THE "BOARD"/'COMMISSION') TO PHYSICALLY ENTER UPON THE PROPERTY AND VIEW THE PROPERTY IN CONNECTION WITH MY/OUR PENDING APPLICATION. I/WE HEREBY WAIVE ANY OBJECTION OR DEFENSE I/WE MAY HAVE, DUE TO THE QUASI-JUDICIAL NATURE OF THE PROCEEDINGS, RESULTING FROM ANY BOARD/COMMISSION MEMBER ENTERING OR VIEWING THE PROPERTY, INCLUDING ANY CLAIM OR ASSERTION THAT MY/OUR PROCEDURAL OR SUBSTANTIVE DUE PROCESS RIGHTS UNDER THE FLORIDA CONSTITUTION OR THE UNITED STATES CONSTITUTION WERE VIOLATED BY SUCH ENTERING OR VIEWING. ,THJS WAIVE NO P MISES E SIGNATURE :D BY MENUS VOLUNTARILY AND NOT AS A RESULT OF ANY COERCION APPLIED, OR CONTRACTOR OR OFFICIAL OF THE CITY OF SEBASTIAN. /,P. c DAIE Swom to a before me by 0AP-L M . ba tW!-Je who i41A,-rSnnally k e or produced as identification, this �_ da of fit. Notary's Signature Printed Name of Notary w _ . Commission No./Expiration ,DSROTHY M. BOSWORjlnc, Seal: y MY COMMISSION # CC 9503 phi pF�o� EXPIRES: Jun 2S, 2004 1.6003 -ROTARY FL Notary Service & Bonding, Form CD -2009 Page 3 of 3 Development Application A roved: 08/27/97 Revision: I File Name: Doe Permit Application No. Supplemental Information Easements, vacation of 1. Describe the easement to be vacated (provide a legal description, if possible): 2. Why is this vacation of an easement being request? eve 7*w Am. 40 A AbJAC-E--MT 'Jo eva^)7 V Rw4-0 5`/ z- 3. 3. Attach a survey showing the location of the property lines, all easements and all structures on the property. Form CD -2009 page I of 1 Vacation of Easements Approved: 8/27/97 _ ,Revision: File Name: Sieasev OFFICE OR TIME CTI' ATT401i\E1' MEMORANDUM To: Terrence R. re, City Manager From: Rich String Date: August 29, 2000 Re: American Legion easement abandonment This matter was originally pursued as the abandonment of a platted easement -- under the land development code -- which was not appropriate. The only concern in that regard is that the American Legion filed an application for an abandonment and apparently paid the $100 application fee. Really, we should not have charged this fee, so perhaps a refund would be in order whatever the outcome of their request. They haven't asked, but I figured you would feel that a refund would be "good form". Thank you for your assistance with this matter. City of Sebastian, Florida OffICE OF THE crrY ATTomEY'o AGENDA TRANSMITTAL Agenda No. 2Q -Z3 Subject: Abandonment of easement; Date Submitted: 8/30/00 public works compound For Agenda of 9/13/00 EXPENDITURE REQUIRED: $0 AMOUNT BUDGETED: $0 APPROPRIATION REQUIRED: $0 SUMMARY: The local American Legion Post is contemplating selling some of its real estate on C.R. 512 and has requested that the City abandon an ingress/egress easement granted across said land for access from the public works compound to C.R. 512. Apparently the easement has not been used. RECOMMENDED ACTION: At the discretion of Council, pass Ordinance 0-00-21 at first reading and schedule public hearing for October 11, 2000. AUTHORIZED PLACEMENT ON AGENDA BY CITY MANAG R: PUBLIC HEARING NOTICE CITY OF SEBASTIAN INDIAN RIVER COUNTY, FLORIDA ORDINANCE NO. 0-00-21 AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, ABANDONING INGRESS/EGRESS EASEMENT ACROSS AMERICAN LEGION PROPERTY AT C.R. 512; PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. The City Council of the City of Sebastian, Indian River County, Florida, will hold a public hearing concerning the adoption of the Ordinance with the title as shown above on Wednesday, October 11, 2000 at 7:00 p.m. in the City Council Chambers, City Hall, 1225 Main Street, Sebastian, Florida. At the conclusion of this public hearing or at a subsequent meeting, the City Council may enact this Ordinance into law. Interested parties may inspect the proposed Ordinance in the Office of the City Clerk at City Hall and may appear at the hearing and be heard with respect to the proposed Ordinance. Any person who may wish to appeal any decision which may be made by the City Council at this hearing will need to ensure that a verbatim record of the proceedings is made which record includes the testimony and evidence upon which the appeal will be based. (286.0105 F.S. ) In compliance with the Americans With Disabilities Act (ADA), anyone who needs a special accommodation for this meeting should contact the City's ADA Coordinator at 589-5330 at least 48 hours in advance of the meeting. By: Kathryn M. O'Halloran, MMC City Clerk Advertise: Press Journal Legal Notice -Wednesday, September 27, 2000 PUBLIC HEARING NOTICE CITY OF SEBASTIAN INDIAN RIVER COUNTY, FLORIDA ORDINANCE NO. 0-00-21 AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, ABANDONING INGRESS/EGRESS EASEMENT ACROSS AMERICAN LEGION PROPERTY AT C.R. 512; PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. The City Council of the City of Sebastian, Indian River County, Florida, will hold a public hearing concerning the adoption of the Ordinance with the title as shown above on Wednesday, October 11, 2000 at 7:00 p.m. in the City Council Chambers, City Hall, 1225 Main Street, Sebastian, Florida. At the conclusion of this .public hearing or at a subsequent meeting, the City Council may enact this Ordinance into law. Interested parties may inspect the proposed Ordinance in the Office of the City Clerk at City Hall and may appear at the hearing and be heard with respect to the proposed Ordinance. Any person who may wish to appeal any decision which may be made by the City Council at this hearing will need to ensure that a verbatim record of the proceedings is made which record includes the testimony and evidence upon which the appeal will be based. (286.0105 F.S. ) In compliance with the Americans With Disabilities Act (ADA), anyone who needs a special accommodation for this meeting should contact the City's ADA Coordinator at 589-5330 at least 48 hours in advance of the meeting. By: Kathryn M. O'Halloran, MMC City Clerk Advertise: Press Journal Legal Notice Wednesday, September 27, 2000 ��, '.' PRESS JOURNAL INDIAN RIVER COUNTY, FLORIDA SC PPSHGWARD 1801 U.S. 1, Vero Beach, FL 32960 AFFIDAVIT OF PUBLICATION STATE OF FLORIDA COUNTY OF INDIAN RIVER Before the undersigned authority personally appeared, Darryl K. Hicks, who on oath says that he is President of the Press Journal, a daily newspaper published at Vero Beach in Indian River County, Florida; that the attached copy of advertisement was published in the Press Journal In the following issues below. Affiant further says that the said Press Journal Is a newspaper published at Vero Beach in said Indian River County, Florida and that the said ,newspaper has heretofore been continuously published in said Indian River County, Florida daily and distributed in Indian River County, Florida, for a period of one year next preceding the the first publication of attached copy of advertisement; and alllanl further says that he has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. The PressJournalhas been entered as second class matter at the Post Office in Vero Beach, Indian River County, Florida and has been for a period of one year next preceding the first publication of the attached copy of advertisement. Ad n Name Date Price Per Dary 1981442 City of Sebastian 09/27/2000 S57.78 Total $57.78 Subscribed and sworn to me before this date: 09/26/2000 Notary Public PO $ 'I"MA STANG �.lotary Public, State of Florida My Commission Exp. Jan. 01, 2001 Comm. No. CC 6110. 3 Personally Known 'A or Produced ID ❑ T;!po of ID Produceed PUBLIC HEARING NOTICE CITY OF SEBASTIAN INDIAN RIVER COUNTY, -- -- -FLORIDA--_ ORDINANCE NO. 0-00-21 AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, ABANDONING INGRESS/EGRESS EASEMENT ACROSS AMERICAN LEGION PROPERTY AT C.R. 512; PROVID- ING FOR CONFLICT; PROVID- ING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. The City Council of the City of Sebastian, Indian River County, Florida, will hold o public hearing concerning the adoption of the Ordinance with the title as shown above on Wednesday, October 11, 2000 at 7:00 p.m. in the City Council Chambers, City Hall, 1225 Main Sheet, Sebastian, Florida. At the conclusion of this public hear- ing or at a subsequent meeting, the City Council may enact this Ordi. nance Into law. Interested parties may inspect the proposed Ordi- nance in the Office of the City Clerk at City Hall and may appear at the hearing and be heard with respect to the proposed Ordinance. Any person who may wish to appeal any decision which may be made by the City Council at this hearing will need to ensure that a verbatim record of the proceedings Is made which record includes the testimony and evidence upon which the appeal will be based. (286.0105 F.S.) In compliance with the Americans With Disabilities Act (ADA), any. one who needs a special accom. modation for this meeting should contact the City's ADA Coordina- tor at 589-5330 at least 48 hours in advance of the meeting. By: Kathryn M. O'Halloran, MMC City Clerk September 27, 2000 1981442r ya��o PUBLIC HEARING NOTICE CITY OF SEBASTIAN INDIAN RIVER COUNTY, FLORIDA ORDINANCE NO. 0-00-21 AN ORDINANCE OF THE CIN OF SEBASTIAN, INDIAN RIVER COUNTY, ABANDONING INGRESS/EGRESS EASEMENT ACROSS AMERICAN LEGION PROPERTY AT C.R. 512; PROVID- ING FOR CONFLICT; PROVID- ING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE, The City Council of the City of Sebastian, Indian River County, Florida, will hold a public hearing concerning the adoption of the Ordinance with the title as shown above on Wednesday, October 11, 2000 at 7:00 p.m. in the City Council Chambers, City Hall, 1225 Main Street, Sebastian, Florida. At the conclusion of this public hear- ing or at a subsequent meeting, the City Council may enact this Ordi nance Into law. Interested parties may inspect the proposed Ordi- nance In the Office of the City Clerk at City Holl and may appear at the hearing and be heard with respect to the proposed Ordinance. !Any person who may wish to appeal any decision which may be made by the City Council at this hearing will need to ensure that a verbatim record of the proceedings is made which record includes the testimony and evidence upon which the appeal will be based. (286.0105 F.S.) In compliance with the Americans With Disabilities Act (ADA(, any- one who needs a special accom- modation for this meeting should contact the City's ADA Coordina- tor at 589-5330 at least 48 hours in advance of the meeting, By: Kathryn M. O'Halloran, MMC City Clerk September 27, 2000 1981442r City of Sebastian, Florida OtfICE OF THE U11YATTORNEY, AGENDA TRANSMITTAL Agenda No. 061&'5 Subject: 0-00-21; Easement Abandonment; Date Submitted: 10/4/00 American Legion For Agenda of: 10/11/00 EXPENDITURE REQUIRED: $0 AMOUNT BUDGETED: $0 APPROPRIATION REOUIRED: $0 SUMMARY: The City was granted an access easement across the American Legion property to give the Public Works compound direct access to C.R. 512 eastbound. The American Legion has requested that the easement be abandoned and staff has found that the City can do without the easement. This ordinance was passed on first reading and scheduled for public hearing. RECOMMENDED ACTION: (At the discretion of Council) - Move to adopt Ordinance 0-00-21. AUTHORIZED PLACEMENT ON AGENDA BY CITY MANA R: ' This instrument prepared by and should be returned to: Rich Stringer, City Attorney 1225 Main Street Sebastian, F1 32958 City of Sebastian 1225 MAIN STREET 11 SEBASTIAN, FLORIDA 32958 TELEPHONE (561) 589-5330 o FAX (561) 589-5570 CERTIFICATION STATE OF FLORIDA COUNTY OF INDIAN RIVER CITY OF SEBASTIAN I, Sally A. Maio, City Clerk of the City of Sebastian, Indian River County, Florida do hereby certify that the attached is a true and correct copy of Ordinance No. 0-00-21 as adopted by City Council at its Regular City Council Meeting of October 11, 2000. ORDINANCE NO. 0-00-21 AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, ABANDONING INGRESS/EGRESS EASEMENT ACROSS AMERICAN LEGION PROPERTY AT C. R. 512; PROVIDING FOR CONFLICT; PROVIDING FOR SERVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. IN WITNESS WHEREOF, I hereunto set my hand and affix the Seal of the City of Sebastian, Indian River County, Florida, this 17th day of October, 2000. Sally A. Maio City Clerk 1225 Main Street, Sebastian, Florida 32958 Telephone (561) 589-5330 - Fax (561) 589-5570 Website; www.cityofsebasban.org - Email: city@dtyofsebastian.org October 13, 2000 Colonel Carl M. Behr, Jr. American Legion Charles L. Futch Post -189 807 Louisiana Ave Sebastian, Fl 32958-4111 Re: Ordinance No. 0-00-21 Abandonment of Easement Dear Colonel Behr: coq The City Council adopted the above Ordinance during their Regular Meeting of October 11, 2000. I have enclosed a copy of the Ordinance. The original Ordinance has been sent to the Clerk of the Circuit Court for recording and a copy will be mailed to you when available. Sincerely, Sally A. Maio, CMC City Clerk SAM/ar Enclosure AHANA MM THIS STATEMENT BECOMES A RECEIPT WHEN PROPERLY STAMPED BY CASHIER RICH STINGER CLERK RECPT# DOCKET# 1232494 16 55401 10/25/2000 JEFFREY K. BARTON CLERK OF THE CIRCUIT COURT INDIAN RIVER COUNTY P.O. BOX 1028 VERO BEACH, FLORIDA 32961-1028 1232494 29.00 4.00 33.00 TOTAL PAID - THANK YOU 33.00 CHECK AMT 3602 .00 * CHANGE CRY 0f HOME OF PELICAN ISLAND 1225 MAIN STREET • SEBASTIAN, FLORIDA 32958 TELEPHONE: (561) 589-5330 • FAX (561) 589-5570 November 15, 2000 Col. Carl M. Behr, Jr. American Legion Post 189 807 Louisiana Avenue Sebastian, F132958 Dear Colonel Behr:: Enclosed for your records is a copy of the recorded Ordinance No. 0-00-21 described as follows: Abandoning ingress/egress easement across American Legion Property at C. R. 512. ly, Sally A- Maio, CMC City Clerk SANVar Enclosure "An Equal Opportunity Employer" Celebrating Our 75th Anniversary Memo to file: Per Rich Stringer, City Attorney, on October 17, 2000, Ordinance Nos. 0-00-21 and 0-00-23, vacating rights-of-way on privately owned property, should be recorded by the parties requesting the vacations. The City Clerk's office should provide them with a certified copy of the ordinance, and a blank transfer of interest in real property form. In the upper left hand corner of the certification page print: This instrument prepared by and should be returned to: Rich Stringer, City Attorney 1225 Main Street Sebastian, FL 32958 The parties should record the certification page, the ordinance and any attachments. In the future, for all resolutions vacating easements which are paid for by application fee, the City Clerk's office should record a certified copy the resolution (certification page, resolution copy). We should not let original documents out of the building other than by City Clerk staff bringing final plat mylars for recording. Sally Maio,-A- CClerk Rich Stringer City Attorney