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Home My WebLink About2021 Drainage EasementDRAINAGE EASEMENT AGREEMENT THIS DRAINAGE EASEMENT AGREEMENT ("Easement Agreement") is dated this 13 day of W , 2021 and entered into by and between SEMBLER & SEMBLER, INC., a Florida Corporation ("Grantor") and CITY OF SEBASTIAN, a Florida municipal corporation ("Grantee") WHEREAS, Grantor and Grantee awn adjoining parcels located in the City of Sebastian, Florida and certain Drainage Improvements (as described below) have been installed along the common property line; and WHEREAS, when constructed, certain portions of the Drainage Improvements were inadvertently installed on the Grantor's property and encroach thereon; and WHEREAS, Grantee desires to acquire an easement for the purpose of maintenance of drainage pipes/culverts, a pollution control baffle box and appurtenant drainage facilities ("Drainage Improvements") on and through the property described and depicted in Exhibit A ("Easement Property") attached hereto and incorporated herein; and WHEREAS, Grantor is willing to grant an easement to Grantee for the aforesaid purposes on the terms and conditions set forth herein. NOW THEREFORE, for good and valuable consideration by Grantee to Grantor, Grantor does hereby grant Grantee an easement over, upon and under the Easement Property for the purpose of accessing and maintaining/replacing drainage pipes/culverts, a pollution control baffle box and appurtenant drainage facilities located within the Easement Property, subject to the following: 1. Grantee agrees that any construction, reconstruction, operation, maintenance, removal and any other activities which disturb the Easement Property shall be coordinated with Grantor so as to minimize any disruption to Grantor's property. 2. The maintenance and operation of the Drainage Improvements shall be the sole responsibility of the Grantee. 3. Grantee shall protect the Easement Property from damage caused, in whole or in part, by the acts or omissions of Grantee, its employees, agents, contractors, subcontractors, assigns, lessees, licensees and agents. 4. Grantee shall not cause or permit to be caused by any of its employees, agents, contractors, subcontractors, successors, assigns, lessees or licensees, any hazardous substances , as defined by the Comprehensive Environmental Response, Compensation and Liability Act of 1980 ("CERCLA"), pollutants or contaminants as defined by CERCLA, or hazardous waste as defined by the Resource Conservation and Recovery Act ("RCRA") or any pollutants or toxic pollutants as defined by the Clean Water Act as amended, to be dumped, spilled, released or deposited on, over or beneath the Easement Property or adjoining lands owned by Grantor. Page 1 of 3 5. Grantee shall indemnify and hold harmless Grantor from and against claims, damages, losses and expenses including reasonable attorney's fees directly or indirectly arising or resulting from the Grantee's use of the Easement Property. 6. Subject to obtaining any required permits from applicable governmental agencies, Grantor shall have the right to tie-in/connect to Grantee's Drainage Improvements for the benefit of Grantor's property. 7. Grantor reserves the right to use the Easement Property for any purpose, including the installation of drainage structures provided that such use does not materially interfere with the easement rights of Grantee granted hereby. 8. All provisions herein including the benefits, burdens and covenants, are intended to run with the land and shall be binding upon and inure to the benefit of the respective successors and assigns of the parties hereto. Signed and sealed in the presence of Print Name: Print Name: iR P�' t Na W., Print Name: tiaaah Afm GRANTOR SEMBLER & SEMBLER, INC. By: Charles W. Sembler II, President GRANTEE CITY OF SEBASTIAN, FLORIDA By�j� ity Manager g- ijCtP Page 2 of 3 STATE OF FLORIDA COUNTY OF INDIAN RIVER The foregoing instrument was acknowledged before me by means of ❑ physical presence or ❑ online notarization, this _, day of .2021 by Charles W. Sembler, II, as President of Sembler & Sembler, Inc., a Florida corporation, on behalf of the corporation, who is ❑ personally known to me or who has ❑ produced as identification. [Notary Seal] STATE OF FLORIDA COUNTY OF INDIAN RIVER Notary Public Printed Name: My Commission Expires: The foregoing instrument was acknowledged before me by means of to physical presence or O online notarization, this 33, day of ft , 2021 by Paul E. Carlisle , as City Manager of the City of Sebastian, Florida, who is M personally known to me orawhas produced as identification. [Notary Seal] Notary Public Printed Name:QtjgjpE. Tesha My Commission Expires: F7rLcafY Ibu .ZGy'S Page 3 of 3 A SKETCH OF LEGAL DESCRIPTION EXHIBIT "A• (NOT A SURVEY) MOO 5 OOUR�/yP 2�Ad { I I POC 9rIER5 mo OF WE NW CMER OF LOT 1 k ME W. N/tl UWNI OF (ow ufa 1)) OPoYE I �g IN IN I� { LOT 2. BLOCK 2 PARCEL I 19FICATON !. { 313005000010020000OZ { { S[EMH OF LE6AL DESMPRON NOT A BOUNDARY SURVEY PROD. NO. 1"71—UE OWN. BY: N.L. I a L S8840'46'W 21.68' S03'0427E 2.82' �^N89:i2'16'W 64.00' —400' �—S8870'32'W 24L86' _yOO• (1\ `NCJV02YW 69Y 5 GRAPHIC SCALE t IN FEET) 1 inch = 30 ft. CKD. BY: B.M. DATE 04-07-2021 MERIDIAN LAM BURJEYcm 11W MiIlm,WIYNt AIE NO�V/lU WMMM9RIAlIC.Um tl]l1HIJ].WA3V81tHLVD.3U[ffi]ill RE MOUL wxin va a T+c rtamA Ptastpen slmlm l'8Il0�AC$FL. rB6o I8%90s Nm Ywvm xum � wow muwc 4m ru wr ec Pd�➢ 191� 12�13�P�«non. N1Yp A TE aU ff M ATtIRFD FPOfT 11E MAT Ab S887J'10 E' LOT 3. BLOCK 2 PARCEL IOENTIRCAlIDN 3139060000100200D% ! SLOT 6. BLOCK 2 PAm®nnI11CAlIW1 l ausofiaaomoo t IG>tiAr AFE NOi MIPI£1E 411p11i DIW AWMIt � PAGE 1 OF 2 EXHIBIT SKETCH OF LEGAL OESOWIT/ON EXHIBIT "A" (NOT A SURVEY) Report of Survey. (Project # 18-071—UE) • TYPE OF SURVEY: SKETCH OF DESCRIPTION - NOT A FIELD BOUNDARY SURVEY •1HIS SURVEY PERFORMED BY. HOUSTON. SCHULW- RrfRE & STODDARD. INC. LB.#6905 d.b.a. MERIDIAN LAND SURVEYORS TnT MOAN RIVER BOULEVARD, SUM 201 VERO BEACH, FLORIDA 32960 " PROFESSONAL SURVEYOR & MAPPER IN RESPONSIBLE CHARGE SLLLY M. MOODY P.S.M. {'S735 LEGAL DESCRIPTION COMMENCING AT THE NORTHEAST CORNER OF LOT 1, MIDDLETON'S SUBDIVISION OF CITY OF SEBASTIAN, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 2, PAGE 56 OF THE PUBLIC RECORDS OF INDIAN RIVER COUNTY. FLORIDA AND THE WEST RIGHT—OF—WAY LINE OF INDIAN RIVER DRIVE (OLD U.S. HIGHWAY /I), RUN S2534'45"F, ALONG SAID WEST RIGHT—OF—WAY A DISTANCE OF 270.40 FEET TO THE INTERSECTION OF THE SOUTH LINE OF LOT 3 OF SAID SUBDIVISION AND SAID WEST RIGHT—OF—WAY LINE; THENCE DEPARTING SAID WEST RIGHT—DF—WAY LINE RUN N68'13'10"W, ALONG SAID SOUTH LNE, A DISTANCE OF 107.29' TO THE POINT OF BEGINNING OF THE HEREIN DESCRIBED EASEMENT. FROM SAID POINT OF BEGINNING, DEPART SAID SOUTH LINE AND RUN S88'40'86-W A DISTANCE OF 21.68 FEET; THENCE RUN S03'04'27"E A DISTANCE OF 2.82 FEET; THENCE RUN N89'32'16"W A DISTANCE OF 64.00 FEET; THENCE RUN S8870'32"W A DISTANCE OF 24.86; THENCE RUN NO3'00'27"W A DISTANCE OF 6.97 FEET TO THE SOUTH LINE OF LOT 6 OF SAID SUBDIVISION; THENCE RUN S8893'10"E, ALONG THE SOUTH LINE OF SAID LOTS 3 AND 6, A DISTANCE OF 110.79 FEET TO THE POINT OF BEGINNING. SAID EASEMENT CONTAINS APPROXIMATELY 0.1 ACRES (511.18 SQUARE/ FEET) Legend & Abbreviations: (symbols not scoleable for size) PIS - PROFESSONAL LAND S11RVF/ON OR - COUNTY ROAD PSM - PROFSS ONAL SURVEYOR & MAPPER R/W - RIGHT OF WAY 18 - LAND SUNVETiNO BUSNEss O.R.B. - O OAL RECORD 80M - CENTERLINE P.O.C. - POINT OF COMMENCEMENT N - MFABURED VALUE P.OA - POINT OF BEGINNING P - PUT VALUE MUA - ORMNAGE & UTUTY EASEMENT SKETCH OF LEGAL DESCRIPAON MERIDIAN NOT A'NOUNDARY SURVEY e LAFi%SI.RVBYdIB ITtTDmI�AN/,RCOiggt'�scvn.sDlffi]Ll TxIs s11R Y.18,yar OA lq WtTxO E 51'ONATA)AEYiND EO{dGINALRN5E06EALOF �/IR\ TMEFLOR sED8Uf5VEVOR ANO W.•PER rRO�r2�19L12iL3��g�i.jo96 NPMEDe ;'OS?�"',- HAIMII<AR.96 COS( . �_GLI BILL M.� P$Lf. K � PAGE 2 OF 2 SKETCH OF LEGAL DESCRIPTION EXHIBIT •A' (NOT A SURVEY) vmm u T'AilNtl)M�24 21.84' _96 P6'17'W 1&78' vAam o TSMMSAbIDDM].1 ryrc aM&91WQ GRAPHIC SCALE NOT OF LEGAL DESCR/PTroN a 1 1ie a O NOT A BOF DARYLEM SURVEDESCRY ( IN FEET ) PROD. NO.. 18-071-UE 1 inc = 30 ft. Ncrth DVM. WY N& CID. BY.. B.M. DATE: Ds-0e-2021 MERIDIAN SURVEYOFM MOMATmo M9W WTVAWNMWIWWAMW Vn inNIIiD�BN®t iil A11 �¢ aWiM1Y MAS➢ vt ov THE namA �'IfFMU s�nExn VERO8FAC8PL319601866905 IMo YM1FN MNLLD MFPEv1 MOW 89UMC NR YH YAY BF FM01at TT4N0.11194,Y'A,N,'iTLA0.10% 1UIM AT 9 kM0 W W ATPGm W➢�R. W N T M ®LArt:N1A®OAwa.TmAtI.COM A oGMfo NF No! tlAflL1E WMNf OE IMIhpG � PAGE T Of 2 SKETCH OF LEGAL DESCRIPTION EXHIBIT "A" (NOT A SURVEY) Report of Survey. (Project $ 18-071—UE) • TYPE OF SURVEY. SKETCH OF DESCRIPTION - NOT A FIELD BOUNDARY SURVEY •MIS SURVEY PERFORMED BY: Hous5 ON, SCHULKE, BITTLE & STODDARD. INC. L8.16905 N.b.a. MERIDIAN LAND SURVEYORS 1717 INDIAN RIVER BOULEVARD, SUrTE 201 VERO BEACH, FLORIDA 3060 • PROFESSIONAL SURVEYOR & MAPPER IN RESPONSIBLE CHARGE: BILLY M. MOODY P.S.M./ 333E LEGAL DESCRIPTION COMMENCING AT THE NORTHEAST CORNER OF LOT 1, MIDDLETON'S SUBDIVISION OF CITY OF SEBASTIAN, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BON 2, PAGE 56 OF THE PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA AND THE WEST RIGHT—OF—WAY UNE OF INDIAN RIVER DRIVE (OLD U.S. HIGHWAY 2 0.40 FERUNETTO THE INTERSECTION O-34-45-E, ALONG SAIDOFF THE SOUTH UNEYOFNLOT 3ISTANCE SAID SAOF SUBDIVISION AND SAID WEST RIGHT—OF—WAY LINE; THENCE DEPARTING SAID WEST RIGHT—OF—WAY LINE RUN S887657"E A DISTANCE OF 74.1Y TO THE POINT OF BEGINNING. SAID POINT BEING ON THE EAST RIGHT—OF—WAY UNE OF INDIAN RIVER DRIVE FROM SAID POINT OF BEGINNING, DEPART SAID WEST RIGHT—OF—WAY AND RUN S881Y31"E A DISTANCE OF 21.84 FEET; THENCE RUN S15'5446"E A DISTANCE OF 5.36 FEET; THENCE RUN S7416.11•W A DISTANCE OF 18.78 FEET TO A POINT ON SAID WEST RIGHT—OF—WAY LINE: THENCE RUN N25'3445"W, ALONG SAID WEST RIGHT—OF—WAY LINE, A DISTANCE OF 12.08 FEET TO THE TO THE POINT OF BEGINNING. SAID EASEMENT CONTAINS APPROXIMATELY 165.0 SQUARE/ FEET Legend & Abbreviations: (symbols PIS - PROFESSICNAL LAND SURVEYOR PBM - PROFESSONAL SURVEYOR & MAPPER LB - LAND SURVEYING BUSHFSS - CENTERUNE M) - MEASURED VALUE - PUT VALUE e MERIDIAN ,JIB` ITI7�aQIDGN)IIVL�1T3,,B YJI �HMAD.: MLS69G4.BR®[dtAII..WM not scoleable for size) OR - COUNTY ROAD R/W - RIGHT OF WAY MS. - OFTTO& RECORD BOOK P.O.G. - POINT OF COMMENCPNENT P.U.B - PONT OF 6E61NNINC CU.E - ORANAGE & UTIUTY EASEMENT SKETCH OF LEGAL OESCR/PIION NOT A BOUNDARY SURVEY TNAssuRVEY,WSgY ' oVmHaurMs 51G1NTU$EAMO I(y{411.iW8EObEN.OF THE bk STUBYMKAIOANPPER _ N/JAFB PAGE 2 OF 2