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2008 - Ingui Quit Claim Deed
Return to: Richard Stringer, City Attorney 1225 Main Street Sebastian, FL 32958 QUIT -CLAIM DEED THIS QUIT CLAIM DEED, executed this 'hday of January, 2008, by William Ingui and Mary Ingui, whose address is 626 Layport Avenue, Sebastian, FL 32958, first party, to the City of Sebastian, a Florida municipal corporation, whose address is 1225 Main Street, Sebastian, FL 32958, second party: WITNESSETH, that the said first parry, does hereby remise, release and quit -claim unto the said second party forever, all the right, title, interest, claim and demand which the said first party has in and to the following described lot, piece or parcel of land, situate, lying and being in the county of Indian River, State of Florida, to -wit: See Exhibit "A" attached hereto and made a part hereof TO HAVE AND TO HOLD the same together with all and singular the appurtenances thereunto belonging or in anywise appertaining, and all the estate, right, title, interest; lien, equity and claim whatsoever of the said first party, either in law or equity, to the only proper use, benefit and behoof of the said second party forever. IT IS THE INTENT OF THE PARTIES TO RESCIND THAT CERTAIN QUIT -CLAIM DEED BETWEEN THE PARTIES RECORDED AT BOOK 1212 PAGE 1087 OF THE OFFICIAL RECORDS OF INDIAN RIVER COUNTY, FLORIDA. IN WITNESS WHEREOF, the said first party has signed and sealed these presents the day and year set forth above. Signed, sealed and delivered in the presence of: Witness William Ingui Witness Mary Ingui STATE OF FLORIDA COUNTY OF INDIAN RIVER The foregoing instrument was acknowledged before me this day of January, 2008 by William Ingui and Mary Ingui who are personally known to me. Signature of Notary Public State of Florida 9 17 O/b 98.099 Request by William and Mary Ingui for City to Deed Three Feet of Canal Right -of -Way - Resolution No. R-98-20 - Vacation of Easement - Ingui - Lot 5, Block 104, Unit 2 Replat - 4/22/98 agenda - not addressed - carried to 4/29/98 - quit claim deed for 3 feet approved - resolution adopted subject to closing on 3 feet 08.008 William and Mary Ingui — 626 Layport Drive - Deed to City - Reimbursement of $792.39 and Adopt Resolution No. R-08-20 Repealing Vacation of Easement R-98- 20 —1/23/08 agenda — approved r A parcel of property being three (3) feet in width being more particularly descril ` ollows: 'I For a point of beginning, commence at the northeast corner of Lot 5. Block 104, a replat of portions of Sebastian Highlands, Unit 2, according to the plat thereof as recorded in Plat Book 6. pages 87 though 87B of the Public Records of Indian River County, Florida; thence northerly along the projected line of the east property line of said Lot 5 a distance of three (3) feet to a point, thence westerly and parallel to he north property line of said Lot S to a point located three (3) feet northerly of the rest property comer as projected and extended northerly by the west propert ine of said Lot 5. thence southerly along said projected Wiest lot line of said Lot 5 to t ill corner of said Lot 5. thence easterly along the rear property line of said L 5 to northeast corner of said Lot 5. thence easterly along the rear property line of ot 5 to northeast corner of said Lot S being the point of beginning, containing 273 met more or less, reserving a drainage and utility easement on the entire three (3) f ' e parcel for the purpose of installing and maintaining drainage and utilities. All 1 in ` th in Section 12, Township 31 South. Range 38 East, Indian River County. o a. "EXHIBIT A" �� 3> OW -0 CD to OD RESOLUTION NO. R-08-02 A RESOLUTION OF THE CITY OF SEBASTIAN, FLORIDA, RESCINDING RESOLUTION R-98-20; PROVIDING FOR CONFLICT; PROVIDING FOR EFFECTIVE DATE. WHEREAS, Resolution R-98-20 abandoned a portion of a utility easement as part of a conveyance of right -of --way to an adjoining private resident; and WHEREAS, said conveyance has been rescinded and accordingly, the easement should not be vacated. NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF SEBASTIAN, AS FOLLOWS: Section 1. The City Council hereby rescinds Resolution R-98-20 concerning the abandonment of an easement over the following described real property: The south three feet of the north teen foot public utility and drainage easement of Lot 5, Block 104 Replat of Sebastian Highlands Unit 2. dignity. Section 2. This resolution shall prevail over any conflicting provision of equal or lesser Section 3. This resolution shall take effect immediately upon its adoption. A motion to adopt the foregoing Resolution was made by Council Member The motion was seconded by Council Member and, upon being put to a vote, the vote was as follows: Mayor Andrea Coy Vice -mayor Sal Neglia Councilmember Al Paternoster Councilmember Dale Simchick Councilmember Eugene Wolff The Mayor thereupon declared this Resolution duly passed and adopted this 23`d day of January, 2008. ATTEST: Sally A. Maio, MMC City Clerk CITY OF SEBASTIAN, FLORIDA By: Andrea Coy, Mayor Approved as to form and legality for reliance by the City of Sebastian only: Rich Stringer, City Attorney 4D] 8. 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. If a member of the public wishes to provide input on a consent agenda item, he/she should request a Council Member to remove the item for discussion prior to start of the meeting or by raising his/her hand to be recognized. 3-14 A. Approval of Minutes — 1/9/08 Regular Meeting 08.008 B. William and Mary J_ — 626 Layport Drive - Deed to City- Reimbursement of 15-19 $792.39 and Adopt Resolution No. R-08-202 Repealing Vacation of Easement R-98-20 (City Attome Transmittal, Deed, R-08-02) A RESOLUTION OF THE CITY OF SEBASTIAN, FLORIDA, RESCINDING RESOLUTION R-98-20; PROVIDING FOR CONFLICT; PROVIDING FOR EFFECTIVE DATE. 08.009 C. Authorize the Purchase of Five Crown Victoria Vehicles from Duvall Ford in the 21-33 Amount of $127,740 and Five Chevrolet Trailblazers from Alan Jay Automotive Network in the Amount of $143,792 — Both Purchases to be Made Under Florida Sheriffs Association State Contract #07-15-0827 (PD Transmittal, Bid Info) D. Riverview Park Use Request - Rotary Home Show - Additional Day - Sunday, March 30, 2008 (City Manager Transmittal 1/18) 9. COMMITTEE REPORTS & APPOINTMENTS City committee reports and Council Member regional committee reports. No public input or action except for City committee member nominations and appointments under this heading. 10. PUBLIC HEARINGS - None 11. UNFINISHED BUSINESS 08.010 A. Collier Creek Canal Project Update (City Manager Transmittal, Previous 3539 Updates) 08.011 B. Staff Report on Possible South Prong and River Pollution Within City Due to 41-52 Proposed Wild Turkey Rock Mining — Requested at 12/12/07 Meeting (City Manager Transmittal, GMD Report, IRC SDD Letter) 12. PUBLIC INPUT Public Input for each individual is rive minutes, however, it can be extended or terminated by a majority vote of Council members present. 13. NEW BUSINESS 08.013 A. Sebastian River High School Student Presentation — Crime and Drug Use Prevention (backup previously given) 08.014 B. Set Bi -Annual Goals and Objectives for City Manager, City Attorney and City Clerk 53 As Required by Resolution R-07-31 (City Clerk Transmittal) 2 ORIGINAL ACTION LIST THE FOLLOWING IS A LIST OF ACTIONS TAKEN AND/OR DIRECTIONS GIVEN AT THE 1/23/08 REGULAR MEETING. All Follow-up Correspondence should be copied to the file and any file to go in the vault should have its backup material put in chronological order City Manager, City Attorney, Purchasing and all other department heads get a full set of draft minutes, and are responsible for copying whatever is pertinent to their departments. F. Recoanition of the Passing of Cora Sembler Sadler 1911-2008 — presented Approval of Minutes —1/9/08 Reqular Meetinq — approved as amended (1J sign, seal, attach any referenced materials give to RM to scan scanned file 2008 minutes book 08.008 William and Mary Inaui — 626 Lavport Drive - Deed to Citv- Reimbursement of $792.39 and Adopt Resolution No. R-08- 02 Repealina Vacation of Easement R-98-20 — approved lIj ' give Inguis deed to execute city to record 6� Ule- 5 ttC. Q ' sign, seal resolution give to RM to scan scanned file 2008 Resolutions book i update 2008 Resolution list 08.009 Authorize the Purchase of Five Crown Victoria Vehicles from Duvall Ford in the Amount of $127.740 and Five Chevrolet Trailblazers from Alan Jav Automotive Network in the Amount of $143,792 — Both Purchases to be Made Under Florida Sheriff's Association State Contract #07-15-0827 - approved no action necessary Riverview Park Use Request - Rotary Home Show - Additional Day - Sunday. March 30, 2008 - approved ;1 "Ni letter to applicant '- 08.010 Collier Creek Canal Proiect Update — CM authorized to move ahead with RFP for vinyl walls THE FOLLOWING IS A LIST OF ACTIONS TAKEN AND/OR DIRECTIONS GIVEN AT THE 4/29/98 SPECIAL MEETING All Follow-up Convspondence should be copied to the file and any file to go in the vault should have its backup material put in chronological order and placed in clips within the file City Manager, City Clerk and City Attorney get a full set of draft minutes, therefore, they do not need copies of minutes pages for items relating to their positions 98.099 Request by William and Mary M for City to Deed Three Feet of Canal R'ghL-9f--Wav - Resolution No. R-98-20 - Vacation of Easement -"; - Lot 5, Block 104, Unit 2 R - quit claim approved for 3 foot tract at cost of $2.26 per square copy minutes to file, Finance, PW/Eng Manager will talk to CA re: quit claim eed Cot- file pending credenza obtain copy of quit claim deed 98.099B Resolution No. R-98-20 - Vacalion of Easement - - Lot 5. Block 104. Uni .lit - adopted - effective upon closing on above referenced property - section 4 effective date to be amendi�afut—�r JwtA when closing complete: sign, seal - copy to file, counter, attorney, DCD, PW/Eng, applicant record original resolution follow procedures 98.100 Mod 17740 FordlEwtor with 21" Terrain King (Machete) Severe Duty Boom Mower - Appropriate $32.400 from Non-De�a_�*neni Bud etoprove Purchase from Robinson Equipment Comex, Inc. of Mims in the Amount $52,400 - approved / copy minutes to file, Finance, PW, Purchasing file vault - FINANCE - 98 Bids/Purchases - PW D. Determine Meeting Schedule for Paving Proeram and Capital Imnror vement BudgCj - special meeting scheduled for 5/11/98 7 pm update monthly calendar 9V111- well, copy minutes to all departments Directives under City Manager, City Attorney and City Council Matters are in file 1wp-minlmatters City of Sebastian, Florida Subject: Resolution No. R-98-20 Agenda No. �Q • d99�V Vacation of Easement - Ingui Lot 5, Block 104, Replat of portions of Department Origin: Community Development Sebastian Highlands Unit 2 Sebas g ) Date Submitted: 4/16/98 Approved for Submittal by: r For Agenda of: 4/22/98 EA%its: 1) R -98 -WO 2) Application 3) Site Map 4) Staff Report 5) Utility Letters i EXPENDITURE AMOUNT BUDGETED: APPROPRIATION REQUIRED: None None REQUIRED: None SUMMARY This is a request for a vacation of easement for the south three (3) feet of the north ten (10) foot public utility and drainage easement of Lot 5, Block 104, Replat of portions of Sebastian Highlands Unit 2. All utilities have been notified and have no objections. RECOMMENDED ACTION Adopt Resolution No. R-98-20 MAP. 09 198 16:03 TOTAL PRINT INC / P.04 w37 Permit Application No. ' City of Sebastian Development Order Application Applicant (if not owner, wrftten authorization (notarized) from owner Is required) Name: Address: 12.21 Awl Ave, . Al RE,wcc . N V. 11re-4 Phone Number. ( 574 ) ' f,26 - oo9,f ' FAX Number: (xlle. 06 - 3%?S E-Mail: Owner (If different from applicant) Narne: (eLffzAA A,Ur_) Zjr4R. �ilGui Address: /2..y p0ufFt1- AV4 . - ti. Aee&cx A/y. i/47LFge_ 6.24 L-47 P41 V4 SCe4SrlA-d , Ac. 3 Phone Number. (j-74)jf�;L4 FAX Number: (474,)y_'U._9W E-Mail: r' t Type of permit or action requested: 64s444zvr YACAT/ow Of PLEASE COMPLETE ONLY THOSE SECTIONS WHICH ARE NECESSARY FOR THE PERMrr OR ACTION -THAT YOU ARE REQUESTING. COPIES OF ALL MAPS, SURVEYS, DRAWINGS, ETC. SHALL BE ATTACHED AND 8212' BY 11" COPIES OF ANY ATTACHMENTS SHALL SE INCLUOED. ATTACH THE APPROPRIATE SUPPLEME-1AL INFORMATION FORK A. Project's Name (if applicable): B. Site Information Address: (,.2L L-A yPo2,- 4!)ie. , .SEt3Asr�AAJ.. F/_- 3 ;?-5 S7e , Lor S— Block: /oy Unit: .2 Subdivision:.fAMsr�^v H� cA.vv Indian River County Parcel #: Zoning Classification: Future Land Use: Existing Use: Proposed Use: Q Description of proposed activity and purpose of the requested permit or action (attach extra shgets if necessary): 31 Arlo 4"c"Ss l"Alel- N00er " EoGE of PvoL At 40,140 4C-e_S S ^r A SAF ry DATE RECEIVED: 3 / I I / �_ FEE PAID: t00 RECENED BY: L AV I ook , A* ' Form CD-2001' Pacgi bt 3 Development Applica000 , Approved: 08/27/97Revision: Fite Name: Dos I t'+�-er, tJ 7 7o t0 • rJ..? I � I rpt_ r r. i ry I I I •t., ,• `J`' . Permit Application No. D. Project Personnel: tae /0ooL AVo a60K Ar -0 GosJSr2vCnad Ailent: Name: Loope,A) 1_47%040 Address ' 4viae, �ov77a �/. S. / F% !�/ et.� jG 1?/SFZ Phone Number. ( ,IG/ } z.BG - S"!(v FAX Number. { .��� )yG� • ��3 E -Mail: Attorney: Name: Address Phone Number. ( ) - FAX Number, E -Mail: Engineer: Name: r Address Phone Number ( } - FAX Number. E -Mail: Surveyor: Name: Address Phone Number: { ) FAX Number ( } - E -Mail: i, __yJ 144," ;4"i" , BEING FIRST DULY SWORN, DEPOSE AND SAY THAT: ✓ I AM THBR AO I AM THE LEGAL REPRESENTATIVE OF THE OWNER OF THE PROPERTY DESeR16E0 WHICH tS THS !SUBJECT MATTER OF THIS APPLICATION, AND THAT ALL THE INFORMATION, MAPS, DATA ANDIOR SKETCHES PROVIDED IN THIS APPLICATION ARE ACCURATE AND TRUE TO THE BEST OF MY KNOWLEDGE AND BELIEF. 3 9� SIGNATURE DATt SWORN TO AND SUBSCRIBED BEFORE ME BY ' WHO IS PERSONALLY KNOWN TO ME OR PRODUCED ",....._ AS IDENTIFICATION, THIS ./O S%r DAY OF �/�� I'� ., 4 9, • ULLIAN MASSARO NOTARY'S SIGNATURE / • a -L -e-) Notary Public, State of New York PRINTED NAME OF NOTARY L i //; Q ^ �• Ala -S S t'e v Na �� 38� COMMISSION NO./ExPIRATION Qualiflea in S.."fc"" `_':u Term Expires March 30.1wr SEAL: ( ' Form CD -2001 Pag4 2 / 3 Development Application Approved: OW7/97 Revision: File Name: Doa I Permit Application No. The following is required for all comprehensive plain amendments, zoning amendment (Including rezoning, site plans, conditional use permits, special use permits, variances, exceptions, and appeals. I� THE OWNEW �.� THE LEGAL REPRESENTATIVE OF THE OWNER OF THE PROPERTY DESCRIBED WHICH IS THE SUBJECT OF THIS APPLICATION, HEREBY AUTHORIZE EACH AND EVERY MEMBER OF THE 5E84S1AA1 BOARD/COMMISSION OF THE CITY OF SEBASTIAN (THE OBOAROYCOMMMSION") TO PHYSICALLY ENTER UPON THE PROPERTY AND VIEW THE PROPERTY IN CONNECTION WITH MY/OUR PENDING APPUCA T ION. l.i HEREBY WAIVE ANY OBJECTION OR DEFENSE 1.":1 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 PROCEDURAL OR SUBSTANTIVE DUE PROCESS RIGHTS UNDER THE FLORIDA CONSTITUTION OR THE UNITED STI RTES CONSTITUTION WERE VIOLATED BY SUCH ENTERING OR VIEWING. THIS WAIVER AND CONSENT IS BEING SIGNED BY MEVOLUNTARILY AND NOT AS A RESULT OF ANY COERCION APPLIED, OR PROMISES MADE, BY ANY EMPLOYEE, AGENT, CONTRACTOR OR OFFICIAL OF THE CITY OF SEBASTIAN. SIGNATURE DATE ' Sworn to and subscribed before me by who is personally known to me or produced as identification, this /o t2* day of a r , 19 Notary's Signature /�•r� Printed Name of Notary Commission NoJExpiration Seal: UU.IAN MASSARO Notary Public, State of New York No. 4813809 quaiifiea in S.."W V:unty Term Expires March 30,19 (� Form CD4001 Pa9j03)0f 3 Approved: 08=97 Revision: `-' Development Applkaki7 ale Name. Doa I Permit Application No. Supplemental Information Easements, vacation of 1. Describe the easement to be vacated (provide a legal description, if possible): ror. aA to -c-r. D. 6. 4s 444;- of ame I;zr Arrar,4i- owooAer DsArH. Atp7r 13 Ar, &Yoao /0 Ar. A a, A1111 e4q*,,v tlAlroor &SO As w111 7 A"'. of n -#e lo A r. A 66, Tff6? Az , 3 Ar. or- ro--rA j_ 23 AgeAJe, A9aj1"rCO 45 A KAC.,+nVAJ OA A*-rj95:1&44Vr 0,V nfte Ala.# IV /R-A*,C "40'e -now O'C nve Aeaozery 2. Why is this vacation of an easement being request? 3 Ar. es "diuesrr—s-a ,44OAlt- rJW ,4,Cce51 AS A -5qAFT Afg-AsvAa- 4Ve CAY 4a JIS 2 OZO . 111AC XAZ AIOW DIAXIA/ Wil7ilAt 7W OV MY.-Afe, OA11- Y 2 Ar4 •NvoizE J /5 DOU*/A,( PAI 7W 7-000. VA /6(- OV. Wirsy 400 4,00f cc—ASS rg> X*4-AcAF A C-*IZA *C Aa&z r Ini AS o4 SAA47/ AxO h4Ao4"V *A4<da W4 R"6ovssr VAI fW AJ04rm ga6f 0A rM Aoz.. 3. Attach a survey showing the location of the property lines, all easement's and all structures on the property. Form COO -2009 Vacation of Easern-ents approved: 8127197 Revision:. File Name: Veasev 04/03/98 08:30 BELLSOUTH AVIATION BLVD -) 5615892566 3�3 - 998 8 . s"m FRAM SMAST IAN -CU 4. DEV. SS I S892SGG March 31, 1938 NO. 651 POO1 P. 1 V, City of Sebastian 1225 MAIN,* + Ree 1 0 8EWTtAN. FLORIDA 32358 TELEPHONE (551) 581"53T 0 FAX (MI) 50.251f6 ��.. P:cr4W60 of Z=WIeat_to hs dWfi d 1U south tbres (3) fat of the north ten (14) foot public utility sad drainage easement of Lot 5, Block 144, Rapid of pork m of sabot-tian HigbW& unit 2. UMM: Ed Roam, Bell South FAX No: 562-5130 oil 1 T, ZIa� Return to: Sam Ring. City Of Sebsadan, ty Dtvdapamt I�epartmeut Fax No. (561) 589-2566. , -02-198 THU 11-27M ID:FPL FT P TEL N0:561-489-6224 #470 P01 3-31-1: 42AM FROM SEBASTIAN -COW DEV. 6615892566 P. I 7.4 • 1 f City of Sebasdan 1225 MAIN STREET [I SEBASTIAN, FLORIDA 3MO TELEPHONE (361) 389-3337 0 FAX (501) NO -2566 RZOUEST FOR ABANDONMN .19F EASEMENT Match 31, 1998 Description of F.amment to be abondoned: Tho Booth three (3) fm of the north ton (10) foot public utility and drainage easement of Lot 5? Block 104, P.Wat of portions of Sebastian Highlands Unit 2. UIWY: Dennis Panne, FP & L FAX NO: (361) 459-6266 APPROVED: x DENIED: DATE: l/ APPROVEDMENMD BY:�— X4'. t/U i V cOhZENTS: Return to: Jan Ping. City of 3ebaatiaN Community Development Departinad Fax No. (561) 589-2566. 03. 3 1. 98 1 0: 1 1 AM 3-31-1998 H: 58AM FROM SEHASTYAIV_Ct7P' I. DEV. S615892SSS il& City of SebasWm FLORIDA much 31.1998 P 0 1 P. 1 Dejrrlot#on of Easement to be abandoned: The south three (3) Beet of the north ten (10) foot public utility and drahap easement of Lot 5, Block 104, Replat of portions of a. e#; Highlands Unit 2. UTII.rI'Y: Ken Vickers, Fakoa Cable FAX WO: 589-3872 APPROVED: /1 DATE: 3- APPROVWDENED BY: t� COMMENTS: Return to: Jan King, City of Sebasdan, C ==,..,'.ly Detviopntent Department Fax No. (561) 589-2566. .1 1 11 AO 1 .1 P111 A411 v#1 1 c City of Sebastian 1225 MAIN STREET 0 SEBASTIAN, FLORIDA 32958 TELEPHONE (561) 589-5537 0 FAX (561) 589-2566 REOUEST FOR ABANDONMENT OF EASEMENT March 31, 1998 Description of Easement to be abandoned,: The south three (3) feet of the north ten (10) foot public utility and drainage easement of Lot 5, Block 104, Replat of portions of Sebastian Highlands Unit 2. UTILITY: Martha Campbell, City Engineer FAX NO: 589-6209 APPROVED: ✓ DENIED: DATE: y -Z-'I S APPROVED/DENIED BY: A44wt 6 (signature) CON04ENTS: Th. S t s ap p rcJe& c1LLe --6 4-lne. t�tC.� -} hc��' s° o e n u1 '4�1 i°YNCrOOL&In&e&J� o� 3 kee-� -A- t) pA4;emerL - 1A-mCe u>; ll b e- a del o2b � ee-4 o-vou <abte. kar%j �)r ma" 4e nonce Return to: Jan King, City of Sebastian, Community Development Department Fax No. (561) 589-2566. f -HW SEBASTIAN -COW. DEV. 561 US 56100='to P. I 7h. r. 3 . c ,� r � r " of SebeAdim 12H MAIN 0 XMASMN, RAROA UM TIL04409 (501) SW6637 0 FAX 46011 MU MR. AJUNDOMMILQUASOM Mach 311% 1998 bfttri2ftX UMMI to abandolAd: The South them (3) fed of the nwth ten (10) fbe t pubb uft =d &WnW essaml of Lot 3,, Black 104, ltqla ofpardans of Saasthm HW&n& Unit 2. UTILITY; Taq IL Drum, LRX. UtMas FAX NO.- 77" APPROVED: DEN -MD: DAM 0-0 ;;; t APPROVE=ENED BY--pw: Lm - ji- (*MMI - w*XT-'ksv'-'- Rat m to: Ian XIM City of Sebanim DmWopmm Dep as FAX No. (561) SW2566. 2*d S31IIIIin 00 8 1 Wd62:V0 86, 80 ddd r ABANDONMENTOF I Staff Report 1. Project Name: Property of William and Mary Ingui 2. Requested Action: Abandonment of the public utility and drainage easement located on the south three (3) feet of the north ten (10) foot public utility and drainage easement of Lot 5, Block 104, Replat of portions of Sebastian Highlands Unit 2. 3. Project Location: a. Address: 626 Layport Drive b. Legal: Lot 5, Block 104, Replat of Portions of Sebastian Highlands Unit 2 4. Project Owner: a. Name: William & Mary Ingui b. Address: 1228 Powell Avenue N. Merrick, N.Y. 5. Project Agent: a. Name: N/A b. Address: 6. Project Description: a. Narrative of proposed action: Application has been made for abandonment of the south three (3) feet of the north ten (10) foot public utility and drainage easement of Lot 5, Block 104, Replat of portions of Sebastian Highlands Unit 2. The applicants wish to construct a pool deck extending 3 feet into the rear easement. b. Zoning: RS -10 (Residential Single Family) C. Land Use: LD (Low Density) 7. Utilities Comments: a. Florida Power & Light: no objection b. Southern Bell: no objection C. Falcon Cable: no objection d. Indian River County Utilities: no objection e. City Engineer (drainage): no objection S. Community Development Director Comments: None 9. Staff Recommendation: In the absence of any objections from the utilities, staff recommends approval of Resolution R-98-20. " ~ Pregge by Date City of Sebastian, Florida OFFICE, OF THE CITY ATTORNE Agenda No. 0 �.60K Subject: William and Mary Ingui; pool enclosure Date Submitted: 1/17/08 For Agenda of: 1/23/08 SUMMARY: As discussed at the Board of Adjustment hearing on January 9, 2008, the City has undertaken to clean-up the situation that arose from a conveyance of right-of-way land in lieu of a variance to Bill and Mary Ingui in 1998. To clear this matter up once and for all, the following course of action has been recommended: 1. Mr. and Mrs. Ingui obtain a variance for the pool and screen enclosure encroachment. 2. The Inguis execute the attached Quit -Claim Deed, so as to cancel the unlawful transaction, and the City shall record the same. 3. The City adopt Resolution R-08-02 to rescind the abandonment of easement approved under resolution R-98-20. 4. The City Manager give formal written consent to Mr. and Mrs. Ingui for the utilization of the five feet of easement for the pool enclosure, with provision for compensation should use of the easement be needed that requires removal of improvements. 5. The City issue a check to Mr. and Mrs. Ingui in the amount of their payment for the returned drainage right-of-way and half of the application fees for the variance set forth above, for the total amount of $792.39. The variance was granted on 1/9/08, subject to the completion of this recommended course of action. RECOMMENDED ACTION: Move to adopt Resolution R-08-02 and authorize staff to undertake the remaining recommended actions to resolve the Ingui pool matter. REVIEWED BY CITY CLERK: AUTHORIZED PLACEMENT ON AGENDA BY CITY MANAGER: Return to: Richard Stringer, City Attorney 1225 Main Street Sebastian, FL 32958 QUIT -CLAIM DEED THIS QUIT -CLAM DEED, 'executed this 2 � thday of January, 2008, by William Ingui and Mary Ingui, whose address is 626 Layport Avenue, Sebastian, FL 32958, first party, to the City of Sebastian, a Florida municipal corporation, whose address is 1225 Main Street, Sebastian, FL 32958, second party: WITNESSETH, that the said first party, does hereby remise, release and quit -claim unto the said second party forever, all the right, title, interest, claim and demand which the said first party has in and to the following described lot, piece or parcel of land, situate, lying and being in the county of Indian River, State of Florida, to -wit: See Exhibit "A" attached hereto and made a part hereof TO HAVE AND TO HOLD the same together with all and singular the appurtenances thereunto belonging or in anywise appertaining, and all the estate, right, title, interest, lien, equity and claim whatsoever of the said first party, either in law or equity, to the only proper use, benefit and behoof of the said second party forever. IT IS THE INTENT OF THE PARTIES TO RESCIND THAT CERTAIN QUIT -CLAIM DEED BETWEEN THE PARTIES RECORDED AT BOOK 1212 PAGE 1087 OF THE OFFICIAL RECORDS OF INDIAN RIVER COUNTY, FLORIDA- IN LORIDA IN WITNESS WHEREOF, the said first party has signed and sealed these presents the day and year set forth above. Signed, sealed and delivered in the presence of: Witness Witness l STATE OF FLORIDA COUNTY OF INDIAN RIVER m. William Ingui Mary In& The foregoing instrument was acknowledged before me this q day of January, 2008 by William Ingui and Mary Ingui who are personally known to me. ,,,�,,,,, J:S�ib6re of Notary Public +�� "' -: LAWRENCE H. MEADS 4 „� COMM188106 # DD 312723 State of Florida My Commisslon Expires 04.21-2008 Bonded Through r l.Not,ar Assoc. . M A parcel of property being three (3) feet in width being more particularly describ, follows: For a point of beginning, commence at the northeast corner of Lot S, Block 104, a replat of portions of Sebastian Highlands, Unit 2, according to the plat thereof as recorded in Plat Book 6, pages 87 though 87B of the Public Records of Indian River County, Florida; thence northerly along the projected line of the east property line of said Lot S a distance of three (3) feet to a point, thence westerly and parallel to the north property line of said Lot S to a point located three (3) feet northerly of the - best property corner as projected and extended northerly by the west prope ine of said Lot 5. thence southerly along said projected west lot line of said Lot S tot northwest corner of said Lot S, thence easterly along the rear property line of said L� to northeast comer of said Lot S, thence easterly along the rear property lig�in of S to northeast corner of said Lot S being the point of beginning, containing more or less, reservinga drainage and utility easement on the entire three (3) focel for the purpose of installing and maintainmg drainage and utilities. Ali 1 Section 12, Township 3 i South. Range 38 East. Indian River County, of a. k� 0 (b* W r N A owns J. f+M; woo* c Q p "'EXHIBIT A" CITY OF CITY OF SEBASTIAN 1225 MAIN STREET SEBASTIAN, FL 32958 GENERAL ACCOUNT HOME OF PELICAN ISLAND *********19 DOLLARS AND 20 CENTS 63-643 WACHOVIA CHECK NO. 067165 67D' 67165 VENDOR CHECK DATE CHECKAMO NT 93801' 380 02/01/200 19.2 PAY Indian River County/ Jeffrey Barton Clerk of Court Recording TO THE PO BOX 1028 ORDER Vero Beach FL 32960 V ID IF'NOT PAID WITHIN 90 DAYS TWO SIGNATURES REQUIRED 11'06716511' 1:06?006L.3 21:200002431629611' 67165 CITY OF SEBASTIAN SEBASTIAN, FL 32958 020108 067165 INVOICE D�' INVOICE NUMBER INVOKE DESCFIPTiOIv -NET i' IOJN-P NO e n 01/25/08 Ingui Quit C rec quit claim- Inugi fam 19.20 62410 93803 Indian River County/ Jeffrey Barton 19.20 67165 J�L ANTHONY JCAPOZZOLI JOSEPHINE �6APOZZOLI 18 625 WIMBROW DR. SEBASTIAN, FC 32958 50-710912214 1W &, ROOSEVELT S A V LNG'S BANK MEMBER FDIC Ap 1: 2 2 14 7 1092 0 56-i L696.2 2ul 0 186 -7 DATE 19 Ce) NO. 987 RECEIVED FROM!' rf An '14 UI ti 41 ADDRESS c) DOLLARS $ FOR Z ACCOUNT, w AMT. OF c ACCOUNT AMT. PAID CHECK BALANCE DUE MCNEY ORDER I BY ff-A City of Sebastian, Florida Subject: Request by William Ingui and Agenda No. 099,4 Mary Ingui Requesting Consideration by the City to Deed a Portion of a Canal Department Origin: City Manager Right-of-way Approved for Submittal by: City Manager Date Submitted : April 16, 1998 (N For Agenda of: April 22, 1998 Exhibits: • Request from Mr. and Mrs. Ingui • Survey and Variance Application with staff recommendations EXPENDITURE REQUIRED: AMOUNT BUDGETED: APPROPRIATION none I N/A I REQUIRED: N/A SUMMARY STATEMENT Mr. and Mrs. Ingui are in the progress of building a home and pool on Lot 5, Block 104 of Sebastian Highlands, Unit 2. The subject property has a rear property line which ends approximately 13 feet before the headwall. This is an area where General Development Corporation failed to excavate the canal to its entire platted width. The Inqui's had requested a variance to allow a screen enclosure to come within seven feet of the rear property line instead of the required ten feet. The request was subsequently denied by the City Board of Adjustment. In order to be able to construct a screen enclosure which would be three feet from the edge of the swimming pool, either a variance would have been necessary or acquire additional land. Since the request for a variance was denied, only the option of acquiring additional property is available. The City could grant a quit claim deed transferring the City's interest in the first three feet immediately adjacent to the rear property line reserving to the City a three foot drainage and utility easement. For consideration for the release of the City's interests through the quit claim deed, a charge of $1.00 per square foot ($273) could be charged along with the all recording costs being absorbed by the Ingui's. RECOMMENDED ACTION Approve the issuance of a quit claim deed for a tract of land 3 foot in depth along the rear lot line reserving a drainage and utility easement for $1.00 per square foot with all recording fees to be paid by the Ingui's. 1901822 RECORDED IN THE RECORDS OF JEFFREY K BARTON, CLERK CIRCUIT COURT INDIAN : RIVER CO FL, BK: 2240 PG: 720, 02/06/2008 03:22 PM DOC STAMPS D $0.70 Return to: Richard Stringer, City Attorney 1225 Main Street Sebastian, FL 32958 QUIT -CLAIM DEED THIS QUIT -CLAIM DEED, executed this ` day of January, 2008,-16y Wi liarn Ingui and Mary Ingui, whose address is 626 Layport Avenue, Sebastian, FL 32958, first party, to the City of Sebastian, a Florida municipal corporation, whose address is 1225 Main Street, Sebastian, FL 32958, second party: WITNESSETH, that the said first party, does hereby remise, release and quit -claim unto the said second party forever, all the right, title, interest, claim and demand which the said first party has in and to the following described lot, piece or parcel of land, situate, lying and being in the county of Indian River, State of Florida, to -wit: -� See Exhibit "A" attached hereto and n);-Ae -iti part hereof TO HAVE AND TO HOLD the same together wtir'h -'.11 and singular the appurtenances thereunto belonging or in anywise appertaining, and all the estate, right, 'tle, interest, lien, equity and claim whatsoever of the said first party, either in law or equity, to the only pre use, benefit and behoof of the said second party Pr «/ forever. IT IS THE INTENT OF THE PARTIES TO RESCIND THAT CERTAIN QUIT -CLAIM DEED BETWEEN THE PARTIES RECORDE�? 2' BOOK 1212 PAGE 1087 OF TBE OFFICIAL RECORDS OF INDIAN RIVER COUN i�'LORIDA. :r IN WI'T'NESS WHEREOF, the said first party has signed and sealed these presents the day and year set forth above. • fY% Signed, sealed and delivered in the presence of: "P ywxmn a Witness Witness STATE OF FLORIrjA COUNTY OF M-1-Adl RIVER X4115 - 4�4 '--E William Ingui Mary Ing6i The foregoin `ire crument was acknowledged before me thiso71 j AAA I A jSire day of January, 2008 by William Ingui and Mary In - !�h! are personally known to me. L"If 14K �� of Nota rylic LAWRENCE H. MEADE 1 COMfnI38106 s DD 312723 State of Florida MY Corm lsslon 11101198 04.21-200a aonded through WOW Assoc. l/ t :f J F! II QUIT -CLAIM DEED THIS QUIT -CLAIM DEED, executed this ` day of January, 2008,-16y Wi liarn Ingui and Mary Ingui, whose address is 626 Layport Avenue, Sebastian, FL 32958, first party, to the City of Sebastian, a Florida municipal corporation, whose address is 1225 Main Street, Sebastian, FL 32958, second party: WITNESSETH, that the said first party, does hereby remise, release and quit -claim unto the said second party forever, all the right, title, interest, claim and demand which the said first party has in and to the following described lot, piece or parcel of land, situate, lying and being in the county of Indian River, State of Florida, to -wit: -� See Exhibit "A" attached hereto and n);-Ae -iti part hereof TO HAVE AND TO HOLD the same together wtir'h -'.11 and singular the appurtenances thereunto belonging or in anywise appertaining, and all the estate, right, 'tle, interest, lien, equity and claim whatsoever of the said first party, either in law or equity, to the only pre use, benefit and behoof of the said second party Pr «/ forever. IT IS THE INTENT OF THE PARTIES TO RESCIND THAT CERTAIN QUIT -CLAIM DEED BETWEEN THE PARTIES RECORDE�? 2' BOOK 1212 PAGE 1087 OF TBE OFFICIAL RECORDS OF INDIAN RIVER COUN i�'LORIDA. :r IN WI'T'NESS WHEREOF, the said first party has signed and sealed these presents the day and year set forth above. • fY% Signed, sealed and delivered in the presence of: "P ywxmn a Witness Witness STATE OF FLORIrjA COUNTY OF M-1-Adl RIVER X4115 - 4�4 '--E William Ingui Mary Ing6i The foregoin `ire crument was acknowledged before me thiso71 j AAA I A jSire day of January, 2008 by William Ingui and Mary In - !�h! are personally known to me. L"If 14K �� of Nota rylic LAWRENCE H. MEADE 1 COMfnI38106 s DD 312723 State of Florida MY Corm lsslon 11101198 04.21-200a aonded through WOW Assoc. l/ t :f J BK: 2240 TG: 721 , A parcel of property being three (3) feet in width being more particularly describ rollows: r� For a point of beginning, commence at the northeast corner of Lot 5, Block 104, a replat of portions of Sebastian Highlands, Unit 2. according to the plat thereof as recorded in Plat Book 6, pages 87 though 87B of the Public Reeord ' ' f ndian River County, Florida; thence northerly along the projected line of the east pr. re y line of said Lot S a distance of three (3) feet to a point, thence westerly and para'%El to he north property line of said Lot 5 to a point located three (3) feet northerly of e ^ Iest property corner as projected and extended northerly by the west pro " ine of said Lot 5. thence southerly along said projected wwt lot line of said Lothwest corner of said Lot S, thence easterly along the rear property linet a S to northeast comer of said Lot 5, thence easterly along the rear property lin f 15 to northeast corner of said Lot S being the point of beginning, containing 3 het more or less, reserving a drainage and utility easement on the entire three (3) f ' e parcel for the purpose of installing and maintaining drainage and utilities. A W 1h in Section U. Township 31 South, Range 38 East. Indian River County a. " EXHIBIT A" 9 N N CD Go ca � Special City Council Meeting D)?AP r and Public Forum April 29, 1998 Page Two 4. SPECIAL MEETING ITEMS - Items Carried Forward from April 22, 1998 Regular Meeting 98.099A A. Reauest by William and Mary ineui for Citv to Deed Three Feet of Canal Right-of-Wav (City Manager Transmittal 4/16/98. Ingui Letter. Survev and Variance Aonlication w/Recommendntionl The City Manager reiterated his recommendation for the City to give a quit claim deed for three feet of canal right-of-way to the rear of the Ingui property, as set out in his agenda transmittal (see attached); distributed a drawing depicting the property lines (see attached); and exhibited the property survey on an overhead. Vice Mayor Wininger suggested a price of $2.26 per square foot based on fair market value for a total of $616.98. Mickey Groepler, 637 Wimbrow Drive, Sebastian, spoke on behalf of the Inguis, stating that the headwall was collapsing; and distributed materials showing that other properties in the area have pools closer to the canal than this property. Anthony Cappezoli, Wimbrow Drive, also spoke on behalf of the Inguis. In response to Vice Mayor Wininger, the City Manager said it is the City's position that maintenance of headwalls is the responsibility of property owners, however, the City Council could take another position if it chose. Mr. Neuberger expressed concern for changing the property line in the area and was in favor of a variance. The City Manager noted that the variance had been denied by the Board of Adjustment and the only appeal is to Circuit Court. Discussion took place on the ability of City Council to waive code requirements. Mrs. Cartwright said a previous Council had asked for an ordinance to allow waivers. The City Manager again proposed that Council either 1) take no action or 2) give the Inguis a quit claim deed for the three feet, in which case there would be a separate deed for the three feet and the City would retain a three foot easement. TAPE I - TAPE II (7:50 p.m.) MOTION by Cartwright I move to approve the issuance of a quit claim deed and all doc and legal expenses to be paid by the applicant for a tract of land three foot in depth along the rear lot line, reserving a drainage and utility easement for $2.26 a square foot with all recording fees to be paid by the Inguis. MOTION died for lack of a second. Special City Council Meeting and Public Forum April 29, 1998 Page Tbree 1�1 , a` "Rq4p T MOTION by Neuberger I'd like to make a motion that we table until we get a decision from the City Attorney, on whether we can give a variance of the setback. Mrs. Cartwright noted that Council cannot address the variance. Mr. Neuberger withdrew his motion. MOTION by Cartwright/Sullivan I move to approve the issuance of a quit claim deed for a tract of land three foot in depth along the rear lot line, reserving a drainage and utility easement for $2.26 a square foot with all recording fees and legal fees to be paid by the Inguis. Discussion took place on whether this will set precedence. ROLL CALL: Mr. Paul - aye Mrs. Sullivan - aye Mrs. Wininger - nay Mrs. Cartwright - aye Mr. Neuberger - aye MOTION CARRIED 4-1 (Wininger - nay) 98.099B B. Resolution No. R-98-20 - Vacation of Easement - Ineui - Lot 5. Block 104_ Unit 2 Re9laL fCommunity Develonment Director Transmittal 4/16/98. R-98-20. Annlication_ Site Man. Staff Renort. Utilitv Letters). A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, VACATING, ABOLISHING, ABANDONING AND DISCONTINUING THE PUBLIC UTILUY AND DRAINAGE EASEivt W ON THE SOUTH THREE (3) FEET OF THE NORTH TEN (10) FOOT PUBLIC UTILITY AND DRAINAGE EASEL ENT OF LOT 5, BLOCK 104, REPLAT OF PORTIONS OF SEBASTIAN HIGHLANDS UNIT 2, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 6, PAGES 87 THROUGH 87B OF THE PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA; PROVIDING FOR REPEAL OF RESOLUTIONSOR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING FOR RECORDING; AND PROVIDING AN EFFECTIVE DATE. The City Manager said this request is to vacate the fust three feet of the ten foot easement. The City Clerk recommended making Section 4 of the resolution effective upon the purchase of the three feet of canal right-of-way by the Inguis. The City Manager suggested language as follows: "effective on the date of closing of the sale of the three feet adjacent to the rear property line of said Lot 5." E Special City Council Meeting and Public Forum April 29, 1998 Page Four MOTION by Neuberger/Cartwright I make a motion to accept Resolution No. R-98-20 to include the changes in the effective date in Section 4. ROLL CALL: Mrs. Sullivan - aye Mrs. Wininger - aye Mrs. Cartwright - aye Mr. Neuberger - aye Mr. Paul - aye MOTION CARRIED 5-0 The City Clerk read Resolution No. R-98-20 by title only. 98.100 C. Mg&l 7740 Ford Tractor with 21" Terrain Kine (Mache Severe Dutv Bppm Mower- Appropriate $32.400 from Non -Department Budget and Apnrove Purcha$e from Robinson Equipment Comnanv, Inc. of Mims in the Amount $52.400 (W/Purchasine Transmittal 4/13 98 Following a brief discussion on piggybacking, the use of new equipment by Public Works and current equipment by the Airport, and explanation of the non -departmental budget, motion was made. MOTION by Neuberger/Cartwright I make a motion to approve the piggyback purchase of the new model 7740 tractor with the 21" foot terrain king machete, for the amount of $52,400 and move to appropriate $32,000 (should be $32,400) from an undistributed line item in the non -departmental budget. ROLL CALL: Mrs. Wininger - aye Mrs. Cartwright - aye Mr. Neuberger - aye Mr. Paul - aye Mrs. Sullivan - aye MOTION CARRIED 5-0 D. netermine Meetine Schedule for Paving Program and CVital Improvement Budeet Vice Mayor Wininger requested a table of contents and a narrative on the Capital Improvement Budget. MOTION by Cartwright/Neuberger I move to set May 11, 1998 as the special meeting. VOICE VOTE on the motion carried 5-0. 4 To: Mr.- Thomas Frame Sebastian City Manager From: William& Mary Ingui 1228 Powell Avenue N. Merrick NY 11566 (516) 826-0095 3 1% - 5;)� For: 626 Layport Drive Sebastian, FL 32958 Lot 5, Block 104, Seb. Highlands, Sect. 2 Re: Request for Deed from City for 3 ft. of rear property Date: April 26, 1998 Rcquot for Dgeding 3 ft. of 13 ft, City Owned ZrQPftM'-' We request that the City of Sebastian, through the Office of City Manager, Thomas Frame, deed 3 ft. of the southern most section of a 13 ft. owned property, Lot 5, Block 104, Sebastian Highlands, Unit 2, designated on the attached survey map, to William & Mary Ingui, who are building a home at 626 Layport Dr., Sebastian, FL 32958, and who now reside at 1228 Powell Ave., N. Merrick, NY 11566. Uniform : The request is made within guidelines for uniformity and accepted practice within the City of Sebastian. Access to the rear of the property will be similar to and / or better than- property in the vicinity, specifically at both ends of the Collier Creek Canal; Lot 45, Block 104 @ 525 Barber St. with 12 ft. -6 in. access to Collier Creek Lot 21, Block 68 @ 585 Wimbrow Dr. with 16 ft access to Collier Creek P r o V o s e -d-: Lot 5,,Block 104 @ 626 Layport Dr. with 20 ft. access to Collier Creek [23 ft. access less 3 ft. requested deeding = 20 ft. remaining access] Rationale for Rcauest A previous request for permission to use 3 ft. and then 5 & of the 10 ft. easement for cement patio has already been granted by the 5 utilities concerned, and the 3 ft. deed from the City of Sebastian would effectively move the easement north toward the Collier Creek Canal, permitting the homeowners to legally construct a screen enclosure 3 ft. from a pool and without violating code requiring no structures placed on the 10 & easement. Affacbments Photographs and Survey Map drawings of rear easement for two similar properties who have their property boundary marked at the Collier Creek headwall. Supporting documents from utilities regarding original requests for use of easement. Respectfully Requested, William Ingui Mary Ingui V-e,&x ' t COLLIER CREEK N[Aod�Au G� r�LiyG R 940.00' A=91.06' D=5013'O1".. Lamtar[ +tr CHOR0 BEARING 6 DISTANCE- PROPOSEF 1� O.t. WELL R 73' OTA'. _ 75' TO0.7' 1 .3' I WELL~- 14.a 14.0' 1 >C Z I' 10 WEu oD ONE '^ o , PROPOSE STORY RESIDENCE W l r PROPOSEb fIN1S1tE0 �`�• W :, LOT l o § FLOOR EIEVAitON�l2.0 a g +ti LOT u I.s'�..tif"f 6.s'�,- 14I BLOCK 104 BLOCK 104 ,,+ fl ; 4.0' 2 z sa' 4,a 3.�• ( (RlSIDENCE 1 (Rtscol"a I tq' w I 1 r, o Ilu_m._ 23.0' 10.51 S ��r I _ I SEPTIC I �- _ TANK f t I SEPTIC �� PROPOSED SEPTI( TANK �+.' �� Iq TANK L GRAIN FIELD / CtIORD FEARING & DISTANCE I ` I N 87.2645' W 78.92' P- ( S 56.47.43' W 70.66• a.1 +C' R=815.00' A=78.95_... 47 iTGUYITYWRE N. RNI LINE D = 5 0 3 3' 01 tt P. O.U.L. • 4� 1 n rW • $ ASrytALT fAYE1.IENT Z V p+22'120 oI: Ra7B0.00' D=5:33_,01 _As7S.S6' P- Rrp.r _ --�►� " + CHORD BEARING 6 DI 788'04STANCE - ~(� 01SSANCE e�+ N 67'00'13' E 75.53' P. �ptl�p �- f CHORD 6E1�R1N E 30;•13' P. o (N 66.59-56• POICu� of 1011111f. "1N72 l9'10't)p4.10.M.1 LAYPORT DRIVE (70' RIGHT OF WAY) LEGAL DESCRIPTION: LOT 5. BLOCK 104. REPLAT OF PORTIONS OF SEBASTIAN HIGHLANDS. UNIT 2. ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 6. PAGES 87 THRU 676 OF THE PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA. SURVEYOR'S NOTES: 1. BEARINGS SHOWN ARE BASED ON THE CENTERLINE LINE OF LAYPORT DRIVE AS N 72°59'11' E (CHORD BEARING) AS SHOWN PER PLAT. 2. NO INSTRUMENT OF RECORD REFLECTING EASEMENTS. RIGHTS OF WAY AND/OR OWNERSHIP WERE FURNISHED TO THIS SURVEYOR EXCEPT AS SHOWN. NO TITLE OPINION IS EXPRESSED OR IMPLIED, 3. THIS SURVEY IS NOT INTENDED TO LOCATE EXISTING UNDERGROUND FOUNDATIONS. ENCROACHMENTS OR ANY IMPROVEMENTS EXCEPT AS SHOWN. 4. THE LOT SHOWN HEREON IS LOCATED IN FLOOD ZONE'X' PER FLOOD INSURANCE RATE MAP 1206iC0076 E. DATED MAY 4. 1989. 5. ELEVATIONS BASED ON ASSUMED DATUM, ELEVATION 50.00 ASSUMED ON THE CENTERLINE OF LAYPORT DRIVE. ABBREVIATIONS: P -PLAT M•MEASURED RIW-RIGHT OF WAY CENTERLINE COV. -COVERED AIC -AIR CONDITION =RADIUS A -ARC LENGTH D -DELTA (CENTRAL ANGLE) O.U.L.-OVERHEAD UTILITY LINES CONC.-CONCRETE PUGDE-PUBLIC UTILITY 4 DRAINAGE EASEMENT PLS -PROFESSIONAL LAND SURVEYOR MAP OF SURVEY CERTIFIED TO: CEMCO HOMES LEGEND: 0 - FOUND 1.112' IRON PIPE ® - FOUND 1 • IRON REBAR A - FOUND PK NAIL A - FOUND NAIL PREPARED BY: CECRLE LAND SURVEYING. INC. FLORIDA LAND SURVEYING BUSINESS 06637 10749 HIGHWAY U.S. I. SUITE A. SEBASTIAN, FLORIDA 32958 PHONE (561) 388.0520 CERTIFIED CORRECT TO 114E BEST OF MY KNOWLEDGE AND BELIEF IN CONFORMITY WITH THE MINIMUM TECHNICAL STANDARDS SLT FORYH BY THE FIORIDA BOARD OF LAND SURVEYOP.S. PURSUANT TO CHAPTER 61G17.6 FLORIDA ADMINISTRATIVE CODE, THIS SURVEY IS PREPARED AND CERTIFIED FOR THE EXCLUSIVE USE OF THE CLIENT OR CLIENTS NAMED HEREON, THIS SURVEY IS NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RASIED SEAL OF A FLORIDA LIC SIG -SU VEYOR AND MAPPER. :gL)ACL CC•CRL . P COLLIER CREEK HEADWALL RKVfSr ED AW9 NF 3rl 010, d/ y ae' vca /3 "=r�o R_940.00' A=91,06' D=5°33'01"P. S.RASILINE Z U CHORD BEARING b 01STANCE "- �} S 87'00'14' E -2821 10' ►.U.& D.E. O �. PRWPO`ED N 0 '•01'W E 90.82' M.J�� Z - 75'! LOT 5 a l�1 BLOCK 104 f I 6.01 1p, ( VACANT I 75' TO ` t63• -115.9' I WELL 14.a TM -TPI 0.7 �I' I '� 75' TO Z l f 1 18.2• ;. O WELL o• W `o POSED ON E c�i,Sam• ,1S_gNa i a h' 4O PRO STORY RESIDENCE t SED 'N' ED wW LOT OOsFLOORVATH2.0 LOT 6 q § t•�,�s ,�,; 6.s'!,, ,>, of `� ^ ` BLOCK 104 BLOCK 104 b+ 41 3, 4•D' 3 3. t4 0'( (RELDENCE 1 ( RENDENCE 1 a°+' u 4 4-W 2.2 ` I .— M, 1 0 o (` Iul;. (I 11���d�LL J 10.5' S —W _F, III ;�I SEPTIC t TANK ^' S PROPOSED SEPTIC SEPTIC I TANK G DRAIN FIELD TANK ^ / a CHORD BEARING &DISTANCE I N 87.26'45• W 78.92' P. l I S 06.47'41• W 70.53'M- I c. N. WQI S - _tyE .951 --09 ZR -815.00' A=78—vcuwE D 5°33'01"►. 5 +� ASPHALT PAVEMENT g p¢22�12'p4' $1: Ra780.00' - 0_5633_01 _ft.1156' P. z" A,302.24 --+---=- 1La760•Q P. - CIi0R0 BEARING b DISTANCE 03 1 - r' � ptSTAN CE �^s N 87°00'13' E 75.53' P. 0��0 Q- j - CHN T2 59 RI� Gf X4.13'?- POINT 3 P. a°+ (N 06'S9'S6• f 7S.S6' M.) F�jr.V�McSAIM �1Ct71R A URE SE IN 7 ,.,a LAY P O -RT DRIVE (70' RIGHT OF WAY) LEGAL DESCRIPTION: LOT S. BLOCK 104, REPLAT OF PORTIONS OF SEBASTIAN HIGHLANDS, UNIT 2, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 6, PAGES 87 THRU 87B OF THE PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA. SURVEYOR'S NOTES: 1. BEARINGS SHOWN ARE BASED ON THE CENTERLINE LINE OF LAYPORT DRIVE AS N 72°59'11' E (CHORD BEARING) AS SHOWN PER PLAT. 2. NO INSTRUMENT OF RECORD REFLECTING EASEMENTS, RIGHTS OF WAY AND/OR OWNERSHIP WERE FURNISHED TO THIS SURVEYOR EXCEPT AS SHOWN. NO TITLE OPINION IS EXPRESSED OR IMPUED. 3. THIS SURVEY IS NOT INTENDED TO LOCATE EXISTING UNDERGROUND FOUNDATIONS, ENCROACHMENTS OR ANY IMPROVEMENTS EXCEPT AS SHOWN. 4. THE LOT SHOWN HEREON IS LOCATED IN FLOOD ZONE 'X' PER FLOOD INSURANCE RATE MAP 1206100076 E DATED MAY 4, 1989. 5. ELEVATIONS BASED ON ASSUMED DATUM, ELEVATION 50.00 ASSUMED ON THE CENTERLINE OF LAYPORT DRIVE. ABBREVIATIONS: P -PLAT M•MEASURED R/W-RIGHT OF WAY CENTERLINE COV. -COVERED AIC -AIR CONDITION •RADIUS A -ARC LENGTH D -DELTA (CENTRAL ANGLE) O.U.L.-OVERHEAD UTILITY UNES CONC.-CONCRETE PU&DE•PUBUC UTIUTY & DRAINAGE EASEMENT PLS -PROFESSIONAL LAND SURVEYOR MAP OF SURVEY CERTIFIED TO: WILLIAM INGUI and MARY JANE INGUI COMMERCIAL TITLE SERVICES INC. CHICAGO TITLE INSURANCE COMPANY SUNTRUST BANK. SOUTH FLORIDA, NATIONAL ASSOCIATION CEMCO HOMES LEGEND: 0 - FOUND 1.112' IRON PIPE ® - FOUND 1' IRON REBAR A - FOUND PK NAIL G - FOUND NAIL PREPARED BY: CECRLE LAND SURVEYING, INC. FLORIDA LAND SURVEYING BUSINESS #6637 10749 HIGHWAY U.S. 1. ?J' TE A. SEBASTIAN, FLORIDA 32958 PHONE (561) 388.0520 CERTIFIED CORRECT TO THE CESF OF MY KNOWLEDGE AND BELIEF IN CONFORMITY Wir.l THE MINIMUM TECHNICAL STANDARDS SET FORTH BY THE FLORIDA BOARD OF LAND SURVEYORS, PURSUANT TO CHAPTER 61G1 7 -n FLORIDA ADMINISTRATIVE CODE, THIS SURVEY 15 PREPARED AND CERTIFIED FOR THE EXCLUSIVE USE OF THE CLIENT OR CLIENTS NAMED HEREON, THIS SURVEY IS NOT VALID WITHOUT THE SIGNATURE ANU THE ORIGINAL RASIED SEAL OF A FLORIDA LICEIISEBQRVEYOR AND MAPPER. TH69AS RAWSALL CECRLf. —PLT' REVISED CERTIFICATIONS 12.17.1997 BOUNDARY SURVEY 11-11-1997 I SCALE 1' a 30' 1 FIELD BOOK 25-46 I SHEET 1 OF 1 I PROJECT NUMBER 97.218 Si ! NCS Community Development Department Variance Approval Application - Staff Report 1. Project Name: 626 Layport Drive, screen enclosure variance 2. Requested Action: The applicant has requested a variance from section 20A - 5.5.D of the Sebastian Land Development Code to allow a screened enclosure to be placed seven feet from the rear property line, whereas the Code requires such structure to be a minimum of ten feet from the rear property line. 3. Project Location a. Address: 626 Layport Dr. b. Legal: Lot 5, Block 104, Sebastian Highlands Unit 2 C. Indian River County Parcel Number: 4. Project Owner: Mr. and Mrs. William Ingui 1228 Powell Ave. N. Merrick, N.Y. 11566 5. Project Agent: East Coast Specialist, Inc. c/o Louden Bonded Pools 4303 South US 1 Ft. Pierce, FL 34982 6. Project Engineer: 7. Project Attorney: 8. Project Description a. Narrative of proposed action: The applicant has requested a variance to allow the construction of a screen enclosure three feet into the rear setback. The applicant has a pool under construction, which is built to the rear setback. The applicant is proposing to place a screened enclosure around the pool. A screened enclosure is considered a structure and must conform to the setback requirements. b. Current Zoning: C. Adjacent Properties Zoninq North: RS -10 East: RS -10 South: RS -10 RS -10 Current Land Use residential residential residential 1 Future Land Use LDR LDR LDR West: RS -10 residential LDR d. Site Characteristics (1) Total Acreage: (2) Current Land Use(s): (3) Soil: (4) Vegetation: (5) Flood Hazard: (6) Water Service: (7) Sanitary Sewer Service: 9. Comprehensive Plan Consistency a. Future Land Use: consistent b. Traffic Circulation: consistent c: Public Facilities: consistent approximately .26 acres vacant Eau Gallie Cleared zone X, outside the 500 year flood on-site well (proposed) septic tank (proposed) d. Housing: consistent e. Coastal Management: consistent f. Recreation and Open Space: consistent g. Conservation: consistent h. Intergovernmental Coordination: consistent 10. Existence of special conditions or circumstances: The applicant has provided the following: "The 13' property line to the seawall is a section beyond the 10' P.U. & D.E. section of the 125' property survey and is considered a re - platted property line not usual for homes in this area and therefore different from the typical property lines drawn. It is our understanding that the original intent of a 10' setback is to provide visual access for our neighbors and the 13' area, beyond this point to the seawall and owned by the City of Sebastian, may fulfill the intent of visual setbacks." ThL.staff disagrees. This lot is not different than any other lot in the area. The fact that the seawall is thirteen feet from the property line is irrelevant. The s seawall is not considered a "replatted property line". It is true that there was a replat in the vicinity in which the property lines were extended to the seawall, but this parcel was not included. 11. Conditions not created by applicant: The applicant has provided the following: "The original design of the pool, surrounding patio, and screen enclosure, were designed by a reputable pool company with a 25 year history of conducting business in the vicinity. The original design comprised an area that would take in over 5' of the 10' P.U. & D.E. again without harming the 13' to the 2 seawall. Prior to committing to construction, Sebastian City personnel advised a Louden Pool representative that the design must be severely cut down, whereupon we made adjustments to reduce the 15' pool to 13'4", the space between the home and pool from 5' to 3'6" and no area of open patio beyond the pool toward the Collier Creek Canal, that is an open space of 23". Realizing that we could place any child or individual in distress into imminent danger, we prepared and requested a vacation of easement for 3' beyond the pool to access a child in distress (our child is 3 years old). This was, we believe, acceptable to the City of Sebastian, but the screen enclosure above ground level is now in question. Thus, this request for a variance. We put our total trust and faith in the pool company to provide a design that would meet codes. Over the course of our visits to our relatives (the Groepier and Capozzoli families on Wimbrow Drive) and friends in the neighborhood, we have observed pool and patio designs with screen enclosures that were easily less than 15' from the Collier Creek Canal seawall. At each instance we were led to believe that a variance could be obtained. This is the first pool and home we have ever bought and built wherein we had to place our trust and faith in residents and the Florida business with whom we have come to know, respect, and contracted. There was never any intent to set in motion, conditions and circumstances that would create the problem we face regarding a screen enclosure." The staff disagrees. The conditions have been created by the property owner through the design of the home and the pool. They were aware of the problem when they redesigned the size of the pool. Again the location of the seawall is irrelevant. 12. Special privileges not conferred: The applicant has provided the following: "To our knowledge, we seek no special privilege that is denied to others in the same zone district. As referred to in (b) above, we have observed at least one other resident's pool and enclosure that may have gained a privilege that is a shorter distance from the seawall to the enclosure than we are requesting." The staff disagrees. The issuance of the requested variance does confer a special privilege. 13. Hardship conditions exist: The applicant has provided the following: "The privilege of gaining a variance and vacation of easement of 3' would immeasurably facilitate access as a safety measure for children that could otherwise drown or be severely injured. A screen on the edge of the pool would not permit this needed access and a patio without a screen would pose a similar danger when it opens the north edge of the patio to the Collier Creek Canal. I personally know a student I taught who is paralyzed from a pool injury because of the inability to access and rescue him in a timely fashion. This fear of injury would be a concern of every parent who brings their elementary school child to our home to play with our children." The staff disagrees. The code defines a hardship as one where the literal interpretation of the code would deprive the applicant of rights commonly enjoyed by other property owners in the same zoning district and would work an unnecessary and undue hardship on the applicant. The denial of the variance does not deprive the applicant with rights commonly enjoyed by others in the same zoning district. A screened enclosure is not required for the enjoyment of the pool. The applicant has created the situation by the design of the house and pool. 3 � r 14. Only the minimum variance granted: The applicant has provided the following: "The request has been made for only 3' vacation of easement and the screen �^ enclosure to be set on top of that easement of 2'10" from the pool. It is enough room to access people and emergency equipment and prevents any child from entering the closed zone to the canal itself. 20' still remains to the canal, untouched and with little foliage, thus permitting full and unfettered visual access for neighbors. Please consider that we have already accepted reduced design recommendations from the personnel in the city and from Louden Pools." The staff disagrees. The distance to the canal and the fact that it has little �- --�- foliage is irrelevant. The variance is not required for the use and enjoyment of p. the property. t� -P 3#... 15. Not injurious to public welfare or intent of ordinance: The applicant has provided the following: "The intent of the typical 10' setback is to provide visual access for our neighbors and room for equipment to service the canal. Our re- platted setback is 13' not owned by the homeowner and an additional 10' P. U. & D.E. with 10' fully accessible. The structure requested will be a white aluminum screen enclosure with a see-through mesh that will provide a minimum visual impairment, unlike sheds or garages that are solid-walled structures. 'We believe our screen enclosure of 2'10" from the pool on the 3' vacation of "Zd Iq . easement is in harmony with the general intent of the code. It will in no way be 1 injurious to the public welfare and would, in fact, provide substantial comfort to others who would send their child to visit in our home. By our initial alteration of •���*�^^^^•- the design, we have already attempted to show that it has always been our --intent to be in compliance with the spirit of all ordinances—."; ,,I y �► �-; " ' �/0.' "��°�(�--.:. :. /�� GcG Gam.. t< ra�;�-� .:•.,... The staff disagrees. The rear setback is 2 feet. The purpose of the rear setback is not articulated in the code. However, visual access for the neighbors would not be a justification in that it is not necessary for the public's health,`"``' safety and welfare. Typically it would be required to provided for separation of structures, open space requirements, or aesthetic reasons. If visual access was the reason, the code would prohibit six foot high fences in the rear yard. There is not a "replat setback" of 13 feet. t L A f The P.U. & D. easement is a separate issue and not relevant for the requested variance. The request for the vacation of the easement would be heard by the.,e�.p-r City Council. t _ , „ 16. Conditions and safeguards may be imposed: The applicant has provided the 6 r,.�,•-a.-- following: "The conditions and safeguards we would suggest as an offer of our . A- • intent to respect the intent of the ordinances pertaining to this matter, would be * �,,r, �. �. ^►•i our willingness to maintain foliage that would not interfere in the visual access;,, by our neighbors or would be in compliance and conformity with the spirit oft their landscape design." The staff disagrees. Visual access is not the issue. 17. Time limits may be imposed: The applicant has provided the following: "The goal of our request would be to ask the company completing a screen structure to complete their work within a 60 day period if approval is provided by the Board." Q /N1&to6u1ss 18. No use variance permitted in specified instances. A use variance is not being permitted. Olin �w.�� •.o ., coo o� ztce �� „�;, aha r /3 ;wry-o 4 ..k. C•�y.a..�G, a:tc- yi.%.r,«:tt� ©vt �tu,QQa.�,.�ccC G /3 CA-Cy .C�;LI� Z. rCt� o2C� Qti••� ✓'�` ` �I� Qt o Cv�tar,.fJc/e ' cvitz.E� �,`t-7.lCti - �+.* C/l 2%Q-►t ~-.,-r/L4-4--e .t o fj vi ft : Cd� tw k Cr %� t �. l' t �, :.4G a. � �%'� q►fLt ��t 19. Other Matters: None. 20. Analysis: The conditions at this site are not peculiar to the land, structure or buildings involved. The condition has been created by the applicant. The denial of the variance does not create an undue hardship. 21. Conclusion: It is concluded that: 1) a special condition and circumstance does not exist, 2) the special condition was created by the applicant, 3) that a special privilege will be conferred if the variance is granted, 4) the literal interpretation of the code does not deprive the applicant's .rights commonly enjoyed by other properties in the same zoning district and would create an unnecessary and undue hardship on the applicant, 5) the requested variance is not the minimum variance that will make possible the reasonable use of the land, 6) that the granting of the variance is not in harmony -with the general intent and purpose of the comprehensive plan and the land development code, and will be injurious to the area involved, or otherwise detrimental to the public's welfare, 7) the requested variance will not grant a use not permitted by the RS -10 zoning district 22. Recommendation: It is recommended that the Board of Adjustment find that for the requested variance: 1) a special condition and circumstance does not exist, 2) the special condition was created by the applicant, 3) that a special privilege will be conferred if the variance is granted, 4) the literal interpretation of the code does not deprive the applicant's rights commonly enjoyed by other properties in the same zoning district and would not create an unnecessary and undue hardship on the applicant, 5) the requested variance is not the minimum variance that will make possible the reasonable use of the land, 6) that the granting of the variance is not in harmony with the general intent and purpose of the comprehensive plan and the land development code, and will not be injurious to the area involved, or otherwise detrimental to the public's welfare, 7) the requested variance will not grant a use not permitted by .the RS -10 zoning district. It is further recommended that a variance be denied for 626 Layport Drive for a variance from section 20A -5.5.D of the Sebastian Land Development Code to allow a screened enclosure to be placed seven feet from the rear property line. PREPARED BY 5 �1I-15OV DATE 03/20/1998 08:56 516-262-6621 IST PUPIL SERVICES PAGE 02 3-) 9-1998 1 1 : 01 AM FROM SEBAST 4 -CUMI. DEV. 56158925% P. 2 Permit Application No. City of Sebastian Development Order Application Applicant (K not owner. written authorhmion (notarized) from ormer is mquhed) Name: Andress: Phone Number: ( } FAX Number ( ) E -Mail: Owner (If different Imm aopfic'Aft Name: _. Y,(f aK 4A( Address:�} /+W Opwoz4 Awl, Ri /��I�l�k _ DIY �/. ��.-'GG AWG2 f L4YA*tr Zt . , SC!-��✓, At. 3' - 958 Phone Number. 0`)11;2 -pow ' FAX N=Ver. (J -,t ) 826 - 3 705— E -Mail: Type of permit or aeon requested: r�64itb�c,E �he.cw l..vc.��a;,✓ ya ,Ba�ea � �vsyss'.�•� PLEASE COMPLM ONLY TH09E SECTIONS WHICH ARC NECESSARY FOR THE PERMIT OR AC4i014 TNA YOU ARE REOVESTIN0. COPt6S•OF ALL MAPS, SURVEY$, DRAWINGS, ETC. VALL SE ATTACHED AND 811Z* SY 1 V COPIES OF ANY ATTACHMENTS SHALL se INCLUoao. ATTACH THE APPROPRIATE SuPPLEMETAL INFORMATION FORM. A Project's Name (if applicable): a. Site Infom6adon AddcEss. 626 44yo0her oxm . S ,vr *A1 ,.4L. 3a.Irf Lot Block: Unt a- Subd' fon: SI&�95 � f�rc aux Indian River County Pamei: Zoning Classification: Future land Use: Existing Use: Proposed Use: - a C. Description of proposed activity and purpose of the Mquested pennh or action (attach extm sheets it necessary? ������ t.L.aSi/RF � %d �� /�vr►t �o / �+2L-�F�i IQ tl S� Y &C.+"04 100C , -� �onl1� AW -M PWC -e 00C Ie904 1 ' 1 F PAID: $ o�UO r RECEIVED BY: .,2 LC DATE RECEIVED: .. it � C� Farrlf CO-ZQOT � � Pie ! of 3 � Aoorovod O�U�Tly7 Rw�ir,�n• IWC Nar»s: Q4s 03/20/1998 08:56 516-262-6621 NPT PLFIL SERVICES WAGE 03 3-19-1998 11 :02AM FROM SEBASTIAN -COW. DEV. 5615892566 P. 3 Permit Applic0an 0. Prvgect Personnel: Aqw* Name: �� 44Sr C KSI- ,�,,rwo+4 nxr, we _ 7o L. w'o" 1C7lAC-0 0 Powc,s Address 'I'lai/ �sOd7rl,//r• �%w /i f f� 3 �91� Phone Number. (SZ/) G • 3iGo FAX Number. (ate/ ) V4 r- /o63 E -Mail: Atromer Name: Addmw Phone Number. ( } FAX Number. ( j E -Mail: Eti�ineer: � , Name: Address Phone Number: ( j - y 1 FAX Number. ( ) - E -Mail: Surveyor: Nome: Address Phone Number. { - FAX Number. ( } E -Mad: SEING FIRST DULY SWORN, DEPOSE AND SAY THAT: "'a�� THE OWNER 1 AM THE Le"L REPRESENTATIVE OF THE OWNER OF THE PROPERTY D SCMED W!{ICM lS THE SUMOT MATTER OF THIS APIDUCATION, AND THAT ALL THE INFORMA?ION, MAPS, DATA ANCIoa SKETCHES PROVIOED IN TWIS APPLICATION ARE AGWRATE AND TRUE TO TME BEST OF MY KNOW{,,, M AND MIJEF. SIGNATURE COMATE SWVKN TO AND SWISCRISED BEFORE ME 8Y WHO is PERSONALLY MOWN TO ME OR PRODUCED AS IDSMIRCATION, THIS 1 ' DAY OF UULLM NMSARO f4atoy F%bft� StQft Of Itew Yolk NOTARY'S SMGNWTURE n..«.ie.✓ �i0� No. 4813609 PRWM NAME OF 11IOTARY Ei %,/� �,►s /i%�a•+G� Qillet�iR.rte CowwioN NcJExPuvA*nora Term Exp�rss ao. i Ca sEAt.: �l a o%yY Foy w 02001 iv►e 2 of 3 pcvckwnw4itiw Approve* 08/ MT R*vhwan: I rift Name: Doi 03/20/1998 08:56 516-262-6621 NPT PML SERVICES PAGE 04 3-19-1998 1 1 : 02AM FROM SEBAST I AN_C-044. DEV. S61 S892SG6 P. 4 Ps mit Appiciion The following is rCgyired for all comprehensive plan amendments, coring ameadraunt (iacwding r+esoaing), bite planst conditional use p•rmRs, spsaisl a*e permits, variances, exceptions, and appeals. 6 THE OW�+1 R(S) . tME LEGAL REPMENTATIVS OF THE OWNER OF THE PROPERTY DESCRIBED WmicN 1S TmE SUBJECT Or THIS APPLICATION. MEA86Y AUTHORIZE EACH ANO EVERY MEM9ER of THEiff sriAry HNRDICOkAMMM OF THE CITY or .SEBAsrAN (THE'$OARD-iCOMwssiot0 TO PHYSICALLY ENTER UPON THE PROPERTY ANO VIEW THE PROPERTY IN WNNECMN WITH MYIGVR FIEWIN4 APPLICATION. 6�k HEREBY WAIVE ANY OBJECTION OR OF."Mso" MAY HAVE, DUE TO THE QUASI-JUOiCIAL NATURE OF THF. PROCEEDINGS. RESULTING FROM ANY 110ARQ/COMMMN MEMIIEER ENTERING OR VIEWING THE PROPERTY, INCLUDING AMY CLAIM OR ASSERTION THAT WICOR PRMPMURAL OR SUBSTANTIVE DUE PROCESS RIGHTS UNDER THE FLORW CONSTITUTION OR THE UNITED STATES CONSTITUTION WERE VIOLATED BY SUCH ENTERING OR VIEWING',. THIS WAweR ANO CONSENT Is BEING SIGNED BY VZ US VOLUIIITARILY AND NOT AS A RESUI.Y OF 'ANY COERCION APPUpo, OR PROMISES MADE, BY ANY EMPLOYEE. AGENT, CONTMOTOR OR OFFICIAL OF THE CITY OF SEMSTIAN. SIGNATURE ze LATE Swam to and subscribed before me by who is pemmily known to me or produced z - as identification, this day of!/,19 Notary's Signature Printed Name of Notary Commission NoJExpiravon Seat: Form C&2"W •4ppvvv�l.• OB/Z7/9T Naar MINI "S WSS-f rte. Vc c No. 4C:31L Te. at EVire. March &4 ;77&/ Port 1 of 3 D*V*klaRwrn APP4b&* n Revk00.w! r% A/amn; Do* $ 'L All I� t } R=940.00' A=91.06' D=503310111 CHORD BEARING & DISTANCE lZ2�V3 s�' S 87"00'14' E91102' n• o' a D.E. OT 5 Vll� ICK 104 < 6.0' �� I V I16.a' _ 114.00 16.3' 0o I o FORM BOARDS ONLY m N W I TOP OF FORM ELEVATION = 52.7 I +— " —' Lu N CT I o E 1.5'�v tiA,A 6.5'�,, 19 tia I %/ _ 4.0 5.3' 4.0' 3.3. 14.0 ,— o"f �I X2.2 IV c r— _�„� I. 0 om; Wo o _ nor — 1 3.-1'. N N rn c+ V N I CHORD BEARING & DISTANCE N 87026'45' W 78.92' P. I {� (S 86°47'43' W 78.88' M.) i Iv^ _15ZZ R=815.00' A=78.95' D=5°33'01 P. — 8 TILITY POLE &GUY WIRE a wo 3 8 ASPHALT PAVEMENT $ $ Z _ R=780.00' D=5°33'Ol'A=75.56' P. - + _ CHORD BEARING & DISTANCE — PCE bFe N 87°00'13' E 75.53' P. \ONSri� P M 1 IN 86.59'56' E 75.56'M.) E�E`1 SSV LAYPORT DRIVE i D16-262-6621 NPT PUPIL SERVICES PAGE 05 3-1 gw- 1 i : o3AM FROM SEBAST I Ar4_COrm. UEv. . 56 15892566 Psrmtt A►ppEkatiort No. Supplemental Information Application to the Board of Adjustment 1,,,, 'l. This application is for a (check one); V"'O' variance(s) appeal(s) 2. Specify ali code provisions for which a variance is being requested or the decision or decisions that you are appealing (ettiach extra sheets if necessary): . -e3. Legal description of the properly involved): ,s? % if wr- /,p' P v. J(10.E. As ,A tr e/G OCK (AT "I& M- M-PAEe.-r 460M. Ala 1 � f , Sro d�! 1p ! of A. f. A(,?// &AAW vAfiV W CO" AS , I ?' oo /of A it. s# A E* GIS 0 V RD � Fa¢o� sEAwA4,1- 4. Acta W the follov&V: Za. 9oundsry surrey of the property executed by a Florida Registered Surveyor. The survey shall show the dimensions of the lot or parcel at issue, the location of all shvcUres, if any, along with a4acent streets. and all easements and right-of-ways. Zb. Additional data and information as required to properly advise the Board of the facts and ci=mstanc es needed to decide the case on its merits. c. The names and addresses of all property owners whose property or part of their real property is within 300 feet of any outer boundary of the lot or owmi *f Wt:d that is subjed of the applica Ion. Form CC; -z= P&POl a f ! sowd of 4djummwr ApprvveQ. od/2T/97 Rwfakwt,- Filo lime: Svbocs P. 5 03/20/1998 08:56 516-262-6621. To: Board of Ad ustmwt City of Sebastian clo Ms. Ian King For: Application to the Board of Adjustment @ 626 Layport Drive Sebastian, FL 33958 From: Bill and Mary Ingm 1228 Powell Avenue N Merrick, NY 11566 Date: Marek 20, 1998 NPT PUPIL SERVICES As per Sebastian Land Development Code Section 20A-11.2 PACE 06 fk- - oz.s, a. The 13' pro ."4 line to the seawall is a section beyond the 10' P_U. & D.E. section of the 125" property survey and is considered a re -plated property fine not usual for homes in this area and therefore dit%rent from the typical property fu drawn. It is our understanding that the original intent of a I0' setback is to provide visual access for our nen 1-1- - s and the 13' area, beyond this point to the seawall and owned by the City of Sebastian, may fulfill the intent of visual setbacks. b. 16 The original design of the pool, surrounding patio, and enclosure^, were designed by a reputable pool company with a 25 year history of coa,duc-ting business in the vicinity. The original dmp comprised an area that would tWw in over 5' of the IV P.U. & DE., again without banning the IT to the seawall. Prior to to construction, Sebastian City pasonad advised a Louden Pool -�eatative that the design == be severely art down, we made adjustm+eats to reduce the 15' pool to 134", the space bet%vw the home and pool f m Y to 3'6" and no area of open patio beyond the pool toward the Collier Creek canal, that is as open space of 23'. Realizing that we could place any cold or individual in distress into immined danger, we prepared and requested avarcation of for 3' beyond the pool to access a Child in distress (our d0d is 3 years old). This was, we befieve, acceptable to the City of Sebastian, but the screen a 4osum above ground level is now in question • thus this request for a variamce. We put our total trust tad faith in the pool toj to provide a that would meet codes. Ova the course of our visits to our relatives (the Gxoepler and Capozzoli ihmdies on Wimbrow Drive) and friends in the vel, we have obsa v pool and patio deOM with screen encl, ,rte . , that we=e candy less than 15' from the Collier Creek canal seawall. At cwh instance we were led to believe that a variance could be obtained. This is the first pool and home we have ever bought and built, whavan we had to place our trust and faith in residents and the Flosidat business with whom we have come to 03/20/1998 08:56 516-262-6621 NPT PML SERVICES PAGE 07 f r- know, respect, and contracted. There was nam any intent to set in motion conditions and circumstan= that would create the problem we face regarding a screen enclosmt. e- !�''�nFivoer�Rs not Tc our knowledge, we w& no special privilege that is dczded to others in the same zone district. As referred to in (b) above, we have observed at least one other resident`s pool and enclosure that may have gained a privilege that is a shorter distance from the seawall to the enclosure than we are requesting. The privilege Of g xgug a vmiwm and vacation of mement of 3' would inrtneasurabiy facalitate access as a safety measure for children that could otherwise drown or be severely *red. A screen on the edge of the pool would not permit this needed access and a patio without a scnm would pose a sim lar danger when it opens the north edge ofthe patio to the Collier Creek anal. I personally know a student I taught who is paralyzed from a pool injury because of the inablllty to access mad rescue hint in a tidy fashion. This fear of injury would be a concern of every parent who brings their elementary school child to our home to play with our children. amus- M-CaMnAlat The request has been made for only 3'vacation of oasem mt and the sCcan enclosure to be set on top of that easavent at 210" from the pool. It is enough room to access people and emergency oquipineat and prevv= any ohrld from entming the closed zone to the canal itself. 20' stili re aias to the canal, untourlted and with little foliage, thus N.full and uafeneered visual access for neighbors. Please consider Hast we have already accepted reduced "go recommendations from pommel in the city and fivm Louden Pools. f. No' I1-k*m1OanA' mdfamofLaftmOf The inta d of the typicd 10' seawl is to provide visvai access for aur neighbors and room for* parent to service, the cannel. Our rc-plated setback though is 13' not owned by the homeowner and an adMoual IV P.U. & D.E., with 20' fully a�ccessable` The structure requested will be a white alrminun s,,.,.,..., enclosure with a see-through mesh that. will provide a trims visual impairaceat, unlike sbods or Wages that are solid -wailed structures. We bdm our screen enclosure of 2'10" from the pool on the 3' vacation of t is in y with the 40on v, J interne of the code. It wi in noway be to to the public � and would, in Ewt, provide substantial comfort to others who would sent their child to visit in our home. By our initial alteration of the design, we have already attempted to show that 4 las slways been our haw to be in wice with the spirit of an ordinances.. g•MW be iWaffikt The conditions and safeguards we would sft zwt as an offer of our intent to respect the intent of ordinsi -,es pertaining to this after, would be our will � j&,�-.m to Page 2 03/20/1998 08:56 516-262-6621 NPT PUPIL SERVICES PAGE 08 maiaWn foliage that would not interfere in the visual access by our neighbors or would be in compliance and co -&,--.«j with the spirit of their landscape deOgc� t. h. Tnw limit may be LgpW&.- The goal of our request would be to ask the completing a ser= stnwture to complete their work within a 60 day period if approval is provided by the Board. We go* you ;for considering our request. sworn before me this 20th day of March 1998. Lillian P. Massaro, Notary Public ULUAN MASSR.P0 NaWY piebliM 5*3ft; 0 tScr-JY=U Ns. 4E: W l59 GLIO fieri iti S_'tc"' r'Xnty Term Expires March W, t9 -W Page 3 NORTHPORT/COUN.CTR ID: MAR 25'98 10:40 No.002 P.01 To: Jan King From; Bill Ingui Dear Ms. King, I am really getting a hastle from my school district regarding attendance at the April 7th meeting for the variance that Mary and I are requesting. I have changed airline tickets to attend the meeting with Mary. I have provided the school district with the notice you foxed to me. 1 have requested and been given permission by the Principal of the HS to leave two days before the regular vacation. Now I need one mere thing faxed ASAP thut actually states something that is not ne=lsadly within your jurisdiction giving everyone the feeling tha they Jurisdiction to fax, but lets a new personnel director grant permission without too can get approval of a sivallar request. To: Dr. Terry Bouton Executive Director for Personnel Northport East Northport UFSD Northport, NY 11768 fax (316) 262-6635 Re: Mr. W. Ingui and Attendance at Public Hearing The Public Hearing of April 7. 1998, to consider a request for a variance by Mr. & Mrs. Ingui, is a quasi-judicial meeting. Swom testimony is given, the public and concerned neighbors are invited to attend, and the Board of Adjustment will ask questions of the petitioners to clarify the variancc requested. It is our opinion that Mr. Ingui should attend this meeting. Sincerely, Jan King Dept. of... City of Sebastian The letter needs to be on letterhead paper. Boy, am I asking more than should be permitwA.Again, your assistance is greatly appreciated. Bill Ingui I&A4- A. - I - 03/22/1998 23:33 5168263985 CASTLE SOFTWARE,INC. PAGE 01 To: I& ]an Ding V A I.-Itian FL 32958 (1-361-389-5537) (1-561-589-255 fax Frain: Hill & Mary Ingvi Slate: — 626 L gpmt Drive S'A I °►�� ° % FL 32938 1228 PbvxU Avmx N. Mwkk NY l IM6 Date: With 23, 1998 Rt: Sites b w* a idationdAp, to otrr vatim= request 9-�i r UVs---- You bed dcplained ttatt if we found mm sitea that had a bearmS an the variance request are are nWuri , you might be sblt to review the Wlbeir obtain to a variance. We malim that this may be a major inconvense nce with your work - 6o,", r, so we cast only offer that May and I nde a great Sunday afternoon meat far stol—1 I; N,• You and ym funDy wiR be invibd when this home is cmMlV dl ** = vett' importw to aview In thds uOusdon .. AM,"" 757 Wimbww Drive 0* (Capp Builders / %qtr knftxo 585 Wimbtow Drive** 649 Wimbww Drive 673 Wnnbtvw Drive 696 WvmAbrow Drive 701 W nbfow Drive 707 Whabrow Dive 717 Wimbtvw Drive 739 Wimbrow Drive 741 Wimbrow Drive 753 Wimbrow Drive 525 Baftm SUM " 674 Laypoit Drive'* 686 La yport Drive 695 Lsrpott Drive 122 CocomO* Main St. & Bob Place++ bw pout ad weenjug around pedo . V jm+ r Ontow pool and screening around patio -1pp-nl r4m�- to canal fod died shed shed dwd shod shod dw shod pool and, g pod and �8 � o 2patii' o try/ Sited pod and p8 amtwd pyo pool and snmaning around patio Pool and ring smund patio pool and sm= near utility pole 1 PoUce Station area 'I•i �� { � qrr �� � 17"►141 i !�,n +hair*M�� �l � ii�awt'of �A�� ' �i' � ++►i, nr�/ ��inR'M�; (� ��1 , „ Who provided rho 5200 check for ft va dam last week). Phaw phom them $or fwtba awbum arid isdotmadan because they were the observant people e'% ;=i'?a7 We halve made airline ticket 8trat�GliLLRtS t0 be 8t ttZt "� • •`'' "1; OD April 7th at as eddWWmal Cosi. I hWwe have luck in this matear. S' EWaad Mazy City of Sebastian 1225 MAIN STREET 0 SEBASTIAN, FLORIDA 32958 TELEPHONE (561) 589-5537 0 FAX (561) 589-2566 March 20, 1997 Press Journal 1801 U.S. Highway 1 Vero Beach,FL 32960 Gentlemen: Attached are public notices regarding a Board of Adjustment Meeting scheduled for April 7, 1998. Please submit the notice for publication March 23, 1998, and forward a bill to the City of Sebastian. Sincerely, Ann Brack Secretary, Board of Adjustment lab Attachment PJ.DOC City of Sebastian 1225 MAIN STREET 0 SEBASTIAN, FLORIDA 32958 TELEPHONE (561) 589-5537 0 FAX (561) 589-2566 PUBLIC NOTICE CITY OF SEBASTIAN 1225 MAIN STREET INDIAN RIVER COUNTY FLORIDA THE BOARD OF ADJUSTMENT OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, WILL CONDUCT A PUBLIC HEARING APRIL 7, 1998, AT 7:00 P.M. IN THE CITY COUNCIL CHAMBERS LOCATED AT 1225 MAIN STREET, SEBASTIAN, FLORIDA, TO CONSIDER A VARIANCE FROM SECTION 20A -5.5D OF THE SEBASTIAN LAND DEVELOPMENT CODE. Aarrc,,.a,; WILLIAM AND MARY INGUI, IN REGARDS TO LOT 5, BLOCK 104, SEBASTIAN HIGHLANDS UNIT 2, IS REQUESTING A VARIANCE TO ALLOW A SCREENED ENCLOSURE TO BE PLACED SEVEN (7) thh 1 FROM THE REAR PROPERTY LINE, WHEREAS THE CODE REQUIRES SUCH STRUCTURE TO BE A MRZMUM OF TEN (10) FEET FROM THE REAR PROPERTY LINE. RONALD A. DEVITO BOARD OF ADJUST CHAIRPERSON CITY OF SEBASTIAN ANY PERSON WHO DECIDES TO APPEAL ANY DECISION MADE BY THE BOARD OF ADJUSTMENT WITH RESPECT TO ANY MATTER CONSIDERED AT THIS MEETING (OR HEARING) WILL NEED A RECORD OF THE PROCEEDINGS AND MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE HEARD. (286.0105 F.S.) IN COMPLIANCE WITH THE AMERICANS WTIH DISABILITIES ACT (ADA), ANYONE WHO NEEDS A SPECIAL ACCOMMODATION FOR THIS MEETING SHOULD CONTACT THE CITY'S ADA COORDINATOR AT (561) 589-5330 AT LEAST 48 HOURS IN ADVANCE OF THE MEETING. TWO OR MORE CITY COUNCIL MEMBERS MAY BE IN ATTENDANCE OF THUS MEETING. PUBLISHED MARCH 23, 1998 �? 45;-- a� s� City of Sebastian 1225 MAIN STREET ❑ SEBASTIAN, FLORIDA 32958 TELEPHONE (561) 589-5537 0 FAX (561) 589-2566 March 27, 1998 Dr. Terry Bouton Executive Director of Personnel Northport -East Northport UFSD Northport, NY 11768 RE: Ingui Public Hearing on April 7, 1998 Dear Dr. Bouton: On April 7, 1998, a public hearing has been scheduled by the Board of Adjustment of the City of Sebastian to consider a request for a variance by William & Mary Ingui. This quasi-judicial meeting will include sworn testimony from the petitioners and staff, as well as opponents and proponents to the issue. The petitioners, Mr. And Mrs. Ingui, will be required to answer questions asked by the Board of Adjustment, and therefore must be present. If you have any questions regarding this matter, please let me know. Sincerely, ' 41 ran ng Zoning Technician 'k 1. City of Sebastian 1225 MAIN STREET ❑ SEBASTIAN, FLORIDA 32958 TELEPHONE (561) 589-5537 0 FAX (561) 589-2566 REOUEST FOR ABANDONMENT OF EASEMENT March 31, 1998 Description of Easement to be abandoned: The south three (3) feet of the north ten (10) foot public utility and drainage easement of Lot 5, Block 104, Replat of portions of Sebastian Highlands Unit 2. UTILITY: Martha Campbell, City Engineer FAX NO: 589-6209 APPROVED: V DENIED: DATE: Ll -2�-`t 8 APPROVED/DENIED BY: `iY -4 acs � (signature) COMMENTS: Th;s i5 Qpprcoe&die -6 41e �a -4 &+ even uy;4-) e l% croo- n e&e &� o � 3 �ee-� V4t�-d t°A.,Se nrl e rte -\^ve r e LY. « b e- a ,�� c�-�-eloL�a' t mote.. 1 C;.� �Or ►�v�a t n�e A QACE & CA,�--Xs . Return to: Jan King, City of Sebastian, Community Development Department Fax No. (561) 589-2566. COLLIER CREEK Hf AWIALL Al • • R 940.00 A = 91.06' D = 5 ° � 3' 01 "P, s. am LINE M CHORD BEARING G DISTANCE lob. * AIIAS lip lwl-1+PR9i PROPOSER O O.E. w gyp. WELL Z .� - 75' OT.". ... .. s ` B CK � u WELL 14.0' 14.0. Z ` 0- I 1 Q 75' TO � 0.. WELL o PROPOSED ONE �^ , N -- ` STORY RESIDENCE ham•., r- W �+ PROPOSED FINISHED p h • Lu W N p FLOOR ELEVATION s 52.0 a s\BLOCK LOT '# LOT ' ''6.5'' ,ti" `D ^ 104 N C a °' b 1,5'?y1.A1. t• '9 14.0' �-- ; BLOCK 104 a s ^ 2 5.3' 3.3' RESIDENCE ) b+ e � � 4.0' 2.2' ` 4.0 I 8 (RESIDENCE)0 a°�• r N (v c a°�A d O la O v� ,y = i016 SEPTIC 11'=I1.�JI'–'LUI' ( TANK I o PROPOSED ^ SET it '^ o TANK & DRAIN FIELD I TANK DISTANCE o CHORD BEARING G iL N 87.26'45• W 78.92' P. I gyp? S 86.47'43' W 70-08'M' �+ I d ,., UTILITY POLE A = 7 8.9 5 v GUY WIRE +C'.. R = 815.00 N. pm uNE �J' Z = .._ _ •— ° 3 3' 01 " P. O.U. S .+ p ti ,at Pm W 8� 1� 8 w ASPHALT PAVEMENT z y 0 22°12'04• �; R�780.00' _ _j3--01 :Aa75.S6' P. _ a 302.24 --• - — - --�►� " 1 CHORD BEARING b DISTANCE _ a¢7�•0r - - " �� N 87000'13' E 75.53' P. O��O r - ' BEAR NG G DIS[ApCE *q0 (N 66.59'56' E 75.56' M.) ��,E�"rSSs C N 72°59'11• E 304.1] POt CUof piURERSE (N 72.59'10' f 304.10' M• 1 DRIVE LAYPORT ( 70' RIGHT OF WAY) LEGAL DESCRIPTION: LOT 5. BLOCK 104, REPLAT OF PORTIONS OF SEBASTIAN HIGHLANDS, UNIT 2, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 6. PAGES 87 THRU 87B OF THE PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA. SURVEYOR'S NOTES: 1. BEARINGS SHOWN ARE BASED ON THE CENTERLINE LINE OF LAYPORT DRIVE AS N 72°59'11- E (CHORD BEARING) AS SHOWN PER PLAT. 2. NO INSTRUMENT OF RECORD REFLECTING EASEMENTS, RIGHTS OF WAY AND/OR OWNERSHIP WERE FURNISHED TO THIS SURVEYOR EXCEPT AS SHOWN. NO TITLE OPINION IS EXPRESSED OR IMPLIED. 3. THIS SURVEY IS NOT INTENDED TO LOCATE EXISTING UNDERGROUND FOUNDATIONS. ENCROACHMENTS OR ANY IMPROVEMENTS EXCEPT AS SHOWN. 4. THE LOT SHOWN HEREON IS LOCATED IN FLOOD ZONE 'X- PER FLOOD INSURANCE RATE MAP 12061 CO076 E. DATED MAY 4, 1989. 5. ELEVATIONS BASED ON ASSUMED DATUM, ELEVATION 50.00 ASSUMED ON THE CENTERLINE OF LAYPORT DRIVE. ABBREVIATIONS: P•PLAT M -MEASURED R/W-RIGHT OF WAY CENTERLINE COV. -COVERED A/C -AIR CONDITION =RADIUS A -ARC LENGTH D -DELTA (CENTRAL ANGLE) O.U.L.-OVERHEAD UTILITY LINES CONC.-CONCRETE PUDE-PUBLIC UTILITY & DRAINAGE EASEMENT PLS -PROFESSIONAL LAND SURVEYOR MAP OF SURVEY CERTIFIED TO: CEMCO HOMES LEGEND: 0 - FOUND 1.112' IRON PIPE 0 - FOUND 1- IRON REBAR A - FOUND PK NAIL A - FOUND NAIL PREPARED BY: CECRLE LAND SURVEYING, INC. FLORIDA LAND SURVEYING BUSINESS #6637 10749 HIGHWAY U.S. 1, SUITE A, SEBASTIAN, FLORIDA 32958 PHONE (561) 388.0520 CERTIFIED CORRECT TO THE SEST OF MY KNOWLEDGE AND BELIEF IN CONFORMITY WITH THE MlNIS%{UM TECHNICAL STANDARDS SET FOR'AH BY THE FLORIDA BOARD OF LAND SURVEYORS. PURSUANT TO CHAPT ER 61G17-6 FLORIDA ADMINISTRATIVE CODE, THIS SURVEY 1S PPEPARED AND CERTIFIED FOR THE EXCLUSIVE USE OF THE CLIENT OR CLIENTS NAMED HEREON, THIS SURVEY IS NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RASIED SEAL OF A FLORIDA LICE 'SE9--' VEYOR AND MAPPER. OMA k;A�LICRLE. P.L.. 489 f P01CU VA UR RS `}C� �O• 75' TO WELL Z X111,4At V!A41 _ /.ilio' COLLIER CREEK \R=940.001 A=91.06' D=5°33'O1"P. c CHORDBEARINGDISTANCE S 8700044002 PROPOSED N 8 ,0�,�,. E gp_ 82- M,�_10'p .U.b D.E. Arc,} WELL `.�� 75' LOT 5 nr WELL t BLOC I l ^' )K 104 u' 1`14Q 6.0' 11 ( VACANT) p. 16.3' 1 15.9' 14.0' 14.0' ,y. 0.7 ^ � N j/ ` ^ 0151- / I PROPOSED ONE 0 STORY RESIDENCE h1.; W p PROPOSED FINISHED N j 1 40 _ FLOOR ELEVATION 52.0 se LOT 6 ' A '' a� ^ 1.5;�9•ti '`. 6.5 �. .y, ti• 4� 14.0' BLOCK 104 �b} �4� a.o'z z' s.3' a.0' 3.3' ( RESIDENCE) A I N c / ,.; ;stn ce ``+ IG 1 z3 0' 1_1U -W - SEPTIC TANK 0 10.5' •I I —IW_I E _l l! --!ll:- c o PROPOSED SEPTIC ^ TANK & DRAIN FIELD ` 1 g "NG it DISTANCE BEARI 1 +c N.16N1 UNE 910.l- 0 W w pati r w A � 0} QF 31A7 of S. ww LINE RA oq,41W�WWC—r .. A&0•'vs CL: �O 75' TO O WELL vi — 1`14Q Lu W = a �ti• LOT 4 * M BLOCK 104 8 ( RESIDENCE ) 0 0 I/) ISEPTIC TANK oOa. CHN 67026'45' W 78.92' P. �Q? S 86047'43' W 78.88'M.) I } R815.00' A=78.95 '_. _ _ bGUYUTILITYY POLE D=5033101"P. O.U.L�gN WIRE i.t ch ^ ASPHALT PAVEMENT S g z, D_22°12'04' 8 3 R=780.00` _ °33!01 =A=75.56' P. _ z _ p-302.24 CIi0R0 BEARING fr DISTANCE _ _ R�7�•�-p_ � " �ANCE " W 87000'13' E 75.53' P. �0 RO BEAR 1 30A I -A' ?. A�O,�i ( N 86059'569 E 75.56' M. 10- 7 ��,.1P�y�N` E N 72°59'11• E (N 72°5910 E 3Q4•t0' M 1 DRIVE LAYPO-RT ( 70' RIGHT OF WAY) LEGAL DESCRIPTION: LOT 5, BLOCK 104, REPLAT OF PORTIONS OF SEBASTIAN HIGHLANDS. UNIT 2. ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 6. PAGES 87 THRU 87B OF THE PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA. SURVEYOR'S NOTES: 1. BEARINGS SHOWN ARE BASED ON THE CENTERLINE LINE OF LAYPORT DRIVE AS N 72°59'11" E (CHORD BEARING) AS SHOWN PER PLAT. 2. NO INSTRUMENT OF RECORD REFLECTING EASEMENTS, RIGHTS OF WAY AND/OR OWNERSHIP WERE FURNISHED TO THIS SURVEYOR EXCEPT AS SHOWN. NO TITLE OPINION IS EXPRESSED OR IMPLIED. 3. THIS SURVEY IS NOT INTENDED TO LOCATE EXISTING UNDERGROUND FOUNDATIONS, ENCROACHMENTS OR ANY IMPROVEMENTS EXCEPT AS SHOWN. 4. THE LOT SHOWN HEREON IS LOCATED IN FLOOD ZONE "X" PER FLOOD INSURANCE RATE MAP 12061 CO076 E. DATED MAY 4, 1989. 5. ELEVATIONS BASED ON ASSUMED DATUM, ELEVATION 50.00 ASSUMED ON THE CENTERLINE OF LAYPORT DRIVE. ABBREVIATIONS: P -PLAT M -MEASURED R/W-RIGHT OF WAY CENTERLINE COV. -COVERED A/C -AIR CONDITION R -RADIUS A -ARC LENGTH D -DELTA (CENTRAL ANGLE) O.U.L.-OVERHEAD UTILITY LINES CONC.-CONCRETE PUDE-PUBLIC UTILITY & DRAINAGE EASEMENT PLS -PROFESSIONAL LAND SURVEYOR REVISED CERTIFICATIONS 12-17-1997 MAP OF SURVEY CERTIFIED TO: WILLIAM INGUI and MARY JANE INGUI COMMERCIAL TITLE SERVICES INC. CHICAGO TITLE INSURANCE COMPANY SUNTRUST BANK, SOUTH FLORIDA, NATIONAL ASSOCIATION CEMCO HOMES LEGEND: 0 - FOUND 1-112" IRON PIPE Q - FOUND 1" IRON REBAR AL - FOUND PK NAIL - FOUND NAIL PREPARED BY: CECRLE LAND SURVEYING, INC. FLORIDA LAND SURVEYING BUSINESS #6637 10749 HIGHWAY U.S.1, i1.:ITE A, SEBASTIAN, FLORIDA 32958 PHONE (561) 388.0520 CERTIFIED C'JRRECT TO T14E DEST OF MY KNOWLEDGE AND BELIEF IN C.ONFORrvlIIY WITH THE MINIMdM TECHNICAL STANDAFDS SET FORTH BY THE FLORIDA BOARD OF LAND SURVEYORS, PURSUANT TO CHAPTER 61G17 -h FLORIDA ADMINISTRATIVE CODE, THIS SURVEY IS PREPARED AND CERTIFIED FOR THE EXCLUSIVE USE OF THE CLIENT OR CLIENTS NAMED HEREON, THIS SURVEY IS NOT VALID WITHOUT THE SIGNATURE ANU 'rHE ORIGINAL RASIED SEAL OF A FLORIDA LICE RVEYOR AND MAPPER. THOMAS RANDALL CECRLE, P.L.S. 489 BOUNDARY SURVEY 11-11-1997 I SCALE 1"=30' 1 FIELD BOOK 25-46 I SHEET 1 OF 1 I PROJECT NUMBER 97-218 Cm Cf SEB,AN HOME OF PELICAN ISLAND 1225 MAIN STREET • SEBASTIAN, FLORIDA 32958 TELEPHONE: (772) 589.5330 • FAX (772) 589-5570 July 27, 2009 William and Mary Ingui 626 Layport Drive Sebastian. FL 32958 RE: 626 LAYPORT DRIVE - VARIANCE CONFIRMATION Dear Mr. and Mrs. Ingui: Per your request, I have attached a recorded copy of the quit -claim deed as referenced above. Also attached is a copy of (1) the January 9, 2008 Board of Adjustments Minutes where the variance was issued; and, (2) Resolution R-08-02, abandoning the conveyed property. Per City Attorney Bob Ginsburg, these documents should be all that is needed to properly close this matter. If you have any other questions please feel free to contact me at your convenience. City of Sebastian, Florida omm of THE CITY ATTo"Eyl"* Agenda No. Subject: William and Mary a& pool enclosure Date Submitted: 1/17/08 For Agenda of: 1/23/08 SUMMARY: As discussed at the Board of Adjustment hearing on January 9, 2008, the City has undertaken to clean-up the situation that arose from a conveyance. of right-of-way land in lieu of a variance to Bill and M " Y Mary�1 in 1998. .To clear this matter up once and for all, the following course of action has been recommended: e Mr. and Mrs. = obtain a variance for the pool and screen enclosure encroachment. The Inguis execute the attached Quit -Claim Deed, so as to cancel the unlawful transaction, and the City shall record the same. -3r The ' City adopt Resolution R-08-02 to rescind the abandonment of easement approved under resolution R-98-20. 4 . The City Manager give formal written consent to Mr. and Mrs.g for the utilization of the five feet of easement for the pool enclosure, with provision for compensation should use of the easement be needed that. requires removal of improvements. 5. The City issue a check to Mr. and Mrs. in the amount -of their payment for the returned drainage right-of-way and half of the application fees for the variance set forth above, for the total amount of $792.39. The variance was granted on 1/9/08, subject to the completion of this recommended course of action. . RECOMMENDED ACTION: Move to adopt Resolution R-08-02 and authorize staff to undertake the remaining recommended actions to resolve the [1jr pool matter. REVIEWED BY CITY CLERK: AUTHORIZED PLACEMENT ON AGENDA BY CITY MANAGER: 1. N cn%.* SEBAST," HOME OF PELICAN ISLAND BOARD OF ADJUSTMENT (CITY COUNCIL) WEDNESDAY, JANUARY 9, 2008 - 6:00 PM 1225 MAIN ST, SEBASTIAN MINUTES #I ;Pei C. if a �a Chairperson Neglia called the meeting to order at 6:00 p.m. The Pledge of Allegiance was recited. 3. ROLL CALL 4. 5. C* 7. Board Members Present: Vice -Mayor Sal Neglia Council Member Al Paternoster Council Member Dale Simchick Council Member Eugene Wolff Board Members Absent: Mayor Andrea Coy (excused) Staff Present: City Manager, Al Minner City Attorney, Rich Stringer City Clerk, Sally Maio Deputy City Clerk, Jeanette Williams Building Director, Wayne Eseltine Growth Management Director, Rebecca Grohall Growth Management Manager, Jan King MIS Systems Analyst, Barbara Brooke ANNOUNCEMENTS - None APPROVAL OF MINUTES: Regular Meeting 9-26-07 MOTION by Mr. Paternoster and SECOND by Ms. Simchick, the September 26th, 2007 minutes were approved by a voice vote 5-0 carried. NEW BUSINESS A. QUASI-JUDICIAL PUBLIC HEARING: WILLIAM AND MARY INGUI, IN REGARDS TO LOT 5, BLOCK 104, SEBASTIAN HIGHLANDS UNIT 2, LOCATED AT 626 LAYPORT DRIVE, IS REQUESTING A VARIANCE TO ALLOW AN ACCESSORY STRUCTURE (POOL ENCLOSURE) TO BE FIVE (5) FEET FROM THE REAR PROPERTY LINE, WHEREAS THE CODE REQUIRES SUCH STRUCTURE TO BE TEN (10) FEET FROM THE REAR PROPERTY LINE. Board of Adjustment Meeting January 9, 2008 Page Two Vice Mayor Neglia opened the public hearing at 6 p.m. There was no ex -parte communications disclosed. The City Attorney gave a brief history of the development of this issue. Public Input In favor of the Request Mr. Bill Ingui stated it was his property and he was in favor of staff's recommendation. Public Opposed to the Reauest None. Council Mr. Paternoster asked if at some later time, the City decides to do something with the easement, would we encroach on Mr. Ingui's pool. The City Attorney said it was a drainage easement, and we could ask for the screen to be shifted back but he did not see any reason the City would need the easement. Mr. Paternoster asked if there could be a clause that as long as Mr. Ingui owns the home, the City would not take the property back. The City Attorney stated the authorization letter could specify that in event the City needs to utilize the easement and the enclosure needs to be moved or removed, the City would compensate for the removal. Ms. Simchick clarified it will continue with the ownership of the home, and that future owners would not have to remove the screen. The City Attorney confirmed the variance would run with structure not the owner. Mr. Wolff asked if City Council denied the original variance. The City Attorney explained it went before a separate Board of Adjustment and the Planning Director did not see a hardship at that time and recommended selling the easement property to the Inguis. Mr. Wolff clarified if the structure needs to be replaced in a future windstorm, would the variance be good for replacing another structure The City Attorney said approval could be tied to the structure as long as it was used for a swimming pool. Mr. Wolff asked what would be the responsibilities of new owners. Board of Adjustment Meeting January 9, 2008 Page Three 8. 9. 10. 11. Approved at the The City Attorney explained the new owners would inherit the rights and responsibilities of the Inguis. Mr. Neglia stated he did not see any benefit in possible needing the easement in the future. The City Attorney confirmed there is still 18 feet from the property line to seawall. Mr. Paternoster asked if Mr. Ingui was responsible for the taxes on the piece the City sold to Mr. Ingui. The City Attorney said the Property Appraiser has a base amount for typical residential lot and nothing would be added for a three foot strip. Mr. Paternoster said, "I realize that there is paperwork and man hours involved, it's just that usually when things are done inadvertently wrong, we as the City should accept some of the responsibility and the fee was $300.00, Mr. Vice Mayor I would like to make a MOTION that we at least cut that by 50%." Mary Ingui cited the costs involved: 9998: recording the deed $ 95.40 purchase of the land $617.39 screen variance $ 200.00 vacation of easement for 3 feet $ 900.00 2006: variance fee $ 350.00 The City Attorney noted the Inguis did receive the benefit of the variance by building their pool and reported the total out of pocket cost has been $1,082.79. Mr. Wolff SECONDED the motion. By this action it was understood the Board was approving the variance to allow an accessory structure (pool enclosure) to be five feet from the rear property line. Roll call result was as follows: Ayes: 4 Nays: 0 Passed 4-0. Neglia, Simchick, Wolff, Paternoster CHAIRMAN'S MATTERS — none. MEMBERS' MATTERS — none. STAFF MATTERS — none. Being no further business, Mayor Coy adjourned the meeting at 6:21 p.m. Board of Adjustment meeting. ATTEST.• M cvk)(Z TO :i i Return to: Richard Stringer, City Attorney 1225 Main Street Sebastian, FL 32958 (� zoj T-�A yn � M -r C) Tr q-r-rAnc y QUIT -CLAIM DEED 1901822 THIS DOCUMENT HAS BEEN RECORDED IN THE PUBLIC RECORDS OF INDIAN RIVER COUNTY FL BK: 2240 PG:720, Pagel of 2 02/06/2008 at 03:22 PM, , D DOCTAX PD $0.70 JEFFREY K BARTON, CLERK OF COURT THIS QUIT -CLAIM DEED, executed this q 'hday of January, 2008, by William Ingui and Mary Ingui, whose address is 626 Layport Avenue, Sebastian, FL 32958, first party, to the City of Sebastian, a Florida municipal corporation, whose address is 1225 Main Street, Sebastian, FL 32958, second party: WITNESSETH, that the said first party, does hereby remise, release and quit -claim unto the said second party forever, all the right, title, interest, claim and demand which the said first parry has in and to the following described lot, piece or parcel of land, situate, lying and being in the county of Indian River, State of Florida, to -wit: See Exhibit "A" attached hereto and made a part hereof TO HAVE AND TO HOLD the same together with all and singular the appurtenances thereunto belonging or in anywise appertaining, and all the estate, right, title, interest, lien, equity and claim whatsoever of the said first party, either in law or equity, to the only proper use, benefit and behoof of the said second parry forever. IT IS TBE INTENT OF TBE PARTIES TO RESCIND THAT CERTAIN QUIT -CLAIM DEED BETWEEN THE PARTIES RECORDED AT BOOK 1212 PAGE 1087 OF THE OFFICIAL RECORDS OF INDIAN RIVER COUNTY, FLORIDA. IN WITNESS WHEREOF, the said first party has signed and sealed these presents the day and year set forth above. Signed, sealed and delivered in the presence of: Witness STATE OF FLORIDA COUNTY OF INDIAN RIVER pt, The foregoing instrument was acknowledged before me this q day of January, 2008 by William Ingui and Mary Ingui who are personally known to me. 0 i -,%%M- rto R '"�` Si tore of Nota4lublic NCE H. MEADS State of Florida =t *� Commission it DD 312723 MY Commisslon Expires 04-21-2008 Bonded Through h14t1Q=LNo1ar�► AssoC. William Ingui r Mary Ingiii pt, The foregoing instrument was acknowledged before me this q day of January, 2008 by William Ingui and Mary Ingui who are personally known to me. 0 i -,%%M- rto R '"�` Si tore of Nota4lublic NCE H. MEADS State of Florida =t *� Commission it DD 312723 MY Commisslon Expires 04-21-2008 Bonded Through h14t1Q=LNo1ar�► AssoC. 'f4 A parcel of property being three (3) feet in width being more particularly descnbq.f..-,rzfollows: For a point of beginning, commence at the northeast comer of Lot 5, Block 104, a replat of portions of Sebastian Highlands, Unit 2, according to the plat thereof as recorded in Plat Book 6, pages 87 though 87B of the Public Records of Indian River County. Florida; thence northerly along the projected line of the east property line of said Lot 5 a distance of three (3) feet to a point, thence westerly and parallel to the north property line of Said Lot 5 to a point located three (3) feet northerly of the w:;"&ttN'%-est property comer as, projected and extended northerly by the west propert, , ine of said Lot 5, thence southerly along said projected west lot line of said Lot 5 to tt northwest comer of said Lot 5, thence easterly along the rear property line of said Mt 5 to northeast comer of said Lot 5, thence easterly along the rear property line of 0541ot 5 to northeast comer of said Lot 5 being the point of beginning, containing 271 -AA.. t more or less, reserving a drainage and utility easement on the entire three (3) foq%'-Wi4'e parcel for the purpose of installing and maintaining drainage and utilities. All lying-Wilh in Section 12, Towitihip 3 ) I South, Range 39 East, Indian River County, 0" a. now P-0 "FXIMBIT A" CO CO •� v� /ZeS iZssu RESOLUTION NO. R-08-02 A RESOLUTION OF THE CITY OF SEBASTIAN, FLORIDA, RESCINDING RESOLUTION R-98-20; PROVIDING FOR CONFLICT; PROVIDING FOR EFFECTIVE DATE. WHEREAS, Resolution R-98-20 abandoned a portion of a utility easement as part of a conveyance of right-of-way to an adjoining private resident; and WHEREAS, said conveyance has been rescinded and accordingly, the easement should not be vacated. NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF SEBASTIAN, AS FOLLOWS: Section 1. The City Council hereby rescinds Resolution R-98-20 concerning the abandonment of an easement over the following described real property: The south three feet of the north teen foot public utility and drainage easement of Lot 5, Block 104 Replat of Sebastian Highlands Unit 2. Section 2. This resolution shall prevail over any conflicting provision of equal or lesser dignity. Section 3. This resolution shall take effect immediately upon its adoption. A motion to adopt the foregoing Resolution was made by Council Member Shichick The motion was seconded by Council Member Wolff and, upon being put to a vote, the vote was as follows: Mayor Andrea Coy aye Vice -mayor Sal Neglia aye Councilmember Al Paternoster aye Councilmember Dale Simchick aye Councilmember Eugene Wolff aye The Mayor thereupon declared this Resolution duly passed and adopted this 23`d day of January, 2008. CITY OF SEBASTIAN, FLORIDA By: / ATTEST: Andrea Coy, Mayor gc-)wApproved as to form and legality for �- r n by the City of Sebastian only: Sally A. Ma' , MMC City Clerk r Rich Stringer, Citytt mey RESOLUTION NO. R-98-20 A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, VACATING, ABOLISHING, ABANDONING AND DISCONTINUING THE PUBLIC UTILITY AND DRAINAGE EASEMENT ON THE SOUTH THREE (3) FEET OF THE NORTH TEN (10) FOOT PUBLIC UTILITY AND DRAINAGE EASEMENT OF LOT 5, BLOCK 104, REPLAT OF PORTIONS OF SEBASTIAN HIGHLANDS UNIT 2, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 6, PAGES 87 THROUGH 87B OF THE PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING FOR RECORDING; AND PROVIDING AN EFFECTIVE DATE. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, that: SECTION 1. VACATION OF EASEMENT. The City of Sebastian, Indian River County, Florida, does herewith vacate, abolish, abandon and discontinue all that portion of land previously dedicated for public utility and drainage easement and described as follows: The south three (3) feet of the north ten (10) foot public utility and drainage easement of Lot 5, Block 104, Replat of portions of Sebastian Highlands Unit 2. Zoo SECTION 2. REPEAL. All resolutions or parts of resolutions in conflict herewith are hereby < to cn repealed. c�U. W Q SECTION 3. RECORDING. This resolution shall be recorded in the public records of Indian tL L; � River County, Florida. ^ W U cn SECTION 4. EFFECTIVE DATE. This resolution shall be effective on the date of closing of the sale of the three feet adjacent to the rear property line of said Lot 5. The foregoing Resolution was move kration bye ouncilmem -.4 �fa The motion was seconded by Councilmemb rt, an upon being putvote, the vote was as follows: � Mayor Ruth Sullivan L—?. Vice -Mayor Martha S. Wininger G k7 Councihnember Louise R. Cartwright Councilmember Chuck Neuberger Councilmember Larry Paul 4V foreg . n was duly passed and adopted by the City Council of Sebastian, Florida. mU thid=l'1998. day o CITY OF SEBASTIAN, FLORIDA By:-YZIE; Ruth Sullivan, Mayor ATTEST: Kathryn M. %**ikafforae, ZM R 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 Ruth Sullivan and Kathryn M. O'Halloran known to me to be Mayor and City Clerk, respectively, and neither of them took an Witness my hand and seal in Indian River County, Florida, day of -,1998. `—�mda M1 NOTARY C, STATE OF FLORIDA AT LAR My Commission Expires: ehe-, Approved as to Form and Content: UNDA M. muy MY COMMISSION I CC 376724 BORES- June 18. 1W IN A, Valerie Settles, City Attorney sanded num WWftWW*wftM FJ Return to: This Instrument was prepared by: City of Sebastian 1225 Main Street Sebastian, Florida 32958 Parcel I&ntitication No. QUITCLAIM DEED This Quitclaim Deed, executed this a6ay of A4T, 1998, by CITY OF SEBASTIAN, a municipality organized under the laws of the State of Florida, whose address is 1225 Main Street, Sebastian, Florida 32958, grantor and William Ingui and Mary Ingui, whose address is 626 Layport Drive, Sebastian, Florida, the grantee, Witnesseth, That the said grantor, for and in consideration of the sum of Ten Dollars ($10.00) and other good and valuable considerations to said grantor in hand paid by the said grantee, the receipt whereof is hereby acknowledged, does hereby remise, release and quitclaim unto the said grantee and grantee's heirs and assigns forever, all the right, title, interest, claim and demand which the grantor has in and to the following described land, situate, lying and being in the County of Indian River State of Florida, to -wit: See Exhibit "A" attached hereto and by this reference made a part hereof. To Have and to Hold the same together with all and singular the appurtenances thereunto belonging or in anywise appertaining, and all the estate, right, title, interest, lien, equity and claim whatsoever of the said grantor, either in law or equity, to the proper use, benefit and behoof of the grantee forever. In Witness Whereof, the said grantor has signed and sealed these presents the day and year first above written. Signed, scaled and delivered uy uur presence: WITNESSES i City of Sebastian, Florida (Print Name) t(j /L(alo Thomas W. Frame, City Manager ATTEST: (Print Naute) ZY��` °`` Kath n O'Halloran, City Clerk STATE OF FLORIDA COUNTY OF INDIAN RIVER The foregoing instrument was acknowledged before me this a day of 171zl , 1998. by—Thomo W Frame. City Manager, of the City of Sebastian. He ise�rsonally known to ni_ ho has produced _ as identification. "� ff Notary lic SEAL My Commission Expires: My Commission Number Is: r UY COMMISSION I CC 725842 = EXPIRES: Ap& 30, 2002 sawed 7t+r� H.�ry Pue1c Urteinrtus A parcel of property being three (3) feet in width being more particularly described as follows: For a point of beginning, continence at the northeast corner of Lot 5, Block 104, a replat of portions of Sebastian Highlands, Unit 2, according to the plat thereof as recorded in Plat Book 6, pages 87 though 87B of the Public Records of Indian River County, Florida; thence northerly along the projected line of the east property line of said Lot 5 a distance of three (3) feet to a point, thence westerly and parallel to the north property line of said Lot 5 to a point located three (3) feet northerly of the northwest property corner as projected and extended northerly by the west property line of said Lot 5, thence southerly along said projected west lot line of said Lot 5 to the northwest corner of said Lot 5, thence easterly along the rear property line of said Lot 5 to northeast corner of said Lot 5, thence easterly along the rear property line of said Lot 5 to northeast corner of said Lot 5 being the point of beginning, containing 273.18 feet more or less, reserving a drainage and utility easement on the entire three (3) foot wide parcel for the purpose of installing and maintaining drainage and utilities. All lying with in Section 12, Township 31 South, Range 38 East, Indian River County, Florida. W14 WO I I V i COLLIER CREEK NEAO�iIMI G .dam A=91.06' D=5° 3'01'► " o R=940-00- s I1rw [rNt CHORD atm DISTANCE *e. PROPOS • dam' '1 • WELL b.E `P ° W QT $' %Al I B CK�QA 75' TO _ WELL 140 14.0' V OJ• i z t ` > TO C� 1 1Ei.2' p I O „ WELL ^0 1 PROPOSED ONE ,S N ° STORY RESIDENCE h , $ W PROPOSED FINISHED �0411-1;, i O FLOOR L07 LOT 6 M rn • W b *'.' b.s• •�• -,.1' 'r7 ^ BLOCK 104 �! a I .S' ' ♦• L i. )' 1, 0' r— ; { R[SIOtNCE I BLOCK 104 bf t s.)' 4.(r S rn (aSIOINCEI 19' �� 0 N G• fp• I O 0 210 111 ru FES- SEPTIC TANK D I SEPTtC o a S PR0►OSEO 5E►11C I ^ / TANK `^. Q fANKt+DRAINFIEICHONRD >SEARING G DISTANCE I , 81•26'45' W 70.92' P. S 4)' w 70.60' M.I N00LIM 5P1`z; R-8 5.00 'O1`8.95 0.6z--og,� Ga"Ir"vvuE �^ A P. Z. Ay11A11►AV[Ii[NT Z s D�.j022,• $; _ R�760.00'_0-5'33'01_A-75_56'P. 302.24p: r - _ --� CHORD BEARSNG & D1SiANCE - + - LDISTANCE e''� N 87.00'i 3' E 75.51' P. J�t�petM O LA0 EIEARI.'Itt 4.13' p ►�' (N 66•S9'56• E 7s.ss• M.j ESE tS51s P01ClT1Of AZURE SE "�ti9'9�a.t�.1wM.1 LAYPORT DRIVE (70' RIGHT OF WAY) LEGAL DESCRIPTION: LOT S. BLOCK 104, REPLAT Of PORTIONS OF SEBASTIAN HIGHLANDS, UNIT 2, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 6, PAGES 87 THRU 87B OF THE PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA. SURVEYOR'S NOTES: 1. BEARINGS SHOWN ARE BASED ON THE CENTERLINE LINE OF LAYPORT DRIVE AS N 72°59'11' E (CHORD BEARING) AS SHOWN PER PLAT. 2. NO INSTRUMENT OF RECORD REFLECTING EASEMENTS. RIGHTS OF WAY AND/OR OWNERSHIP WERE FURNISHED TO THIS SURVEYOR EXCEPT AS SHOWN. NO TITLE OPINION IS EXPRESSED OR IMPLIED. 3. THIS SURVEY IS NOT INTENDED TO LOCATE EXISTING UNDERGROUND FOUNDATIONS. ENCROACHMENTS OR ANY IMPROVEMENTS EXCEPT AS SHOWN. 4. DHE LOT SHOWN HEREON IS LOCATED IN FLOOD ZONE *X* PER FLOOD INSURANCE RATE MAP 12061(0076 E. DATED MAY 4. 1989. 5. ELEVATIONS BASED ON ASSUMED DATUM. ELEVATION 50.00 ASSUMED ON THE CENTERLINE OF LAYPORT DRIVE. ABBREVIATIONS: P -PLAT M•MEASURED R/WRIGHT OF WAY CENTERLINE COV: COVERED A/C -AIR CONDITION RADIUS A•ARC LENGTH D•DELTA (CENTRAL ANGLE) O.U.L.-OVERHEAD UTILITY LINES CONC.-CONCRETE PUGDE•PUBLIC UTILITY & DRAINAGE EASEMENT PLS -PROFESSIONAL LAND SURVEYOR MAP OF SURVEY CERTIFIED TO: CEMCO HOMES LEGEND: p - FOUND 1.112• IRON PIPE ® -FOUND 1' IRON REBAR A - FOUND PK NAIL e - FOUND NAIL PREPARED BY: CECRLE LAND SURVEYING. INC. FLORIDA LAND SURVEYING BUSINESS #6637 10749 HIGHWAY U.S. I. SUITE A. SEBASTIAN. FLORIDA 32958 PHONE (5611 388.OS20 CERTIFIED CORRECT TOIli E BEST OF MY KNOWLEDGE AND BELIEF IN CONFORMITY WITH THE M1NI:v4UM TECHNICAL STANDARDS SCF FOR CH BY T14E FI ORIDA TOARD OF LAND SURVEYOPS. PURSUANT TO CHAP'iER 61G17.6 FLORIDA ADMINISTRATIVE CODE. THIS SURVEY IS PREPAREO AND CERTIFIED FOR THE EXCLUSIVE USE OF THE CLIENT OR CLIENTS NAMED HEREON, THIS SURVEY IS NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RASIED SEAL OF A FLORIDA LICENSER -SURVEYOR AND MAPPER. � /.�rlrr.GiirC HM4 46,'@='.RLE. P. S. T1396 ...•a,.,M,tlV I I Inn4 1 crel c 1 • = in' I FIFO n RnnK 75.46 SHEET 1 OF 1 I PROJECT NUMBER 97-11 CITY OF - �r[ °Y'OF SEBASTIAN-. WAOLiC)VIA CHECK NO. 067291 1225 MAIN STREET 67291 SEBASTIAN, FL 32958 GENERAL ACCOUNT HOME OF'PELICAN ISLAND ' -********792. DOLLARS AND39 CENTS PAY_ sill & Mar Ingui 626 Layport Drive TO THE Sebastian FL .32958 ORDER 83-643 670 VENDOR CHECK DATE � CHECKA6.IOUNT 19801 02/15/200 $792.3 jID WNOT PAID WITHIN 90 DAYS - 'ICS-=.-�-i,.l ��.�:�. /jul�i M• P"10 8,IGNATURES REUTARED 'is 0672911a L:06 70054 3 2 L: 200002731629611" 67.29.1 ... CITY OF SEBASTIAN SEBASTIAN, FL 32958 021508 067291 .INVOICE DATE ,'. :INVOICE NUMBER INVOICE DESCRIPTION NETIINQCq�NT:4.@,.�� 02/12/08 Deed R-08-02 Reimb R -O -W & Variance 792.39, 62717 198011 Bill & Mary Ingui 792.39 67291