Loading...
HomeMy WebLinkAboutR-22-09 - FPL Easement - Cheltenham St.RESOLUTION NO. R-22-09 A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE A NON-EXCLUSIVE EASEMENT WITH FLORIDA POWER AND LIGHT (FPL) PROVIDING ELECTRICAL SERVICE ALONG CHELTENHAM STREET FOR A FUTURE AERATING FOUNTAIN ON SEBASTIAN MUNICIPAL PROPERTY AT COWNIE POND; PROVIDING FOR CONFLICT; PROVIDING FOR SCRIVENER'S ERRORS; AND PROVIDING FOR AN EFFECTIVE DATE. Whereas, Florida Power and Light (FPL) requires an easement to provide power for a future aerating fountain at Cownie Pond and Whereas, the City of Sebastian agrees to the non-exclusive conditions an easement, NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF SEBASTIAN, as follows: Section 1. AUTHORIZATION. The City Manager is hereby authorized to execute said non-exclusive easement with Florida Power and Light Company on behalf of the City. Section 2. CONFLICTS. All resolutions or parts of resolutions in conflict are hereby repealed. Section 3. SCRIVENER'S ERRORS. Sections of this resolution may be renumbered or re -lettered and corrections of typographical errors which do not affect the intent may be authorized by the City Manager, or the City Manager's designee, without need of further action of City Council by filing a corrected copy of same with the City Clerk. Section 4. EFFECTIVE DATE. This resolution shall take effect immediately upon its adoption. The foregoing Resolution was moved for adoption by Council Member McPartlan The motion was seconded by Council Member Jones and, upon put to a vote, the vote was as follows: RESOLUTION R-22-09 Page 2 Mayor Jim Hill Vice Mayor Fred Jones Council Member Bob McPartlan Council Member Chris Nunn Mayor Ed Dodd aye aye aye aye aye The Mayor thereupon declared this resolution duly passed and adopted this 23rd day of February, 2022. ATTEST: J nette Williams, City Clerk CITY OF SEBASTIAN, FLORIDA Mayor Jim?III Approved as to form and legality for reliance by the City of Sebastian only: Work Request No. 10201718 Sec.24 Twp 31 S,Rge 38E Parcel I.D. 31382400001251000000.1 (Maintained by County APPraia a) UNDERGROUND EASEMENT (BUSINESS) 3120ge0014633 This Instrument Preparetl By RECQPRDED IN THE PUBLIC RECORDS OF Name Katie Hudson. Pmjeci Manager JEFF .EY R SMITH, CLERK OF COURT Co. Name: Bowman Consullim Grout, INDIA 4 RIVER COUNTY FL Aftem: Sol BE ocean Blvd, Suite Sol BK: 3! 18 PG: 1332 Page 1 of 2 31ti 9:23 AM Stuart, FL 34994 D DO )TAX PD $0.70 The undersigned, in consideration of the payment of $1.00 and other good and valuable consideration, the adequacy and receipt of which is hereby acknowledged, grant and give to Florida Power 8 Light Company, its affiliates, licensees, agents, successors, and assigns ("FPL"), a non-exclusive easement forever for the construction, operation and maintenance of underground electric utility facilities (including cables, conduits, appurtenant equipment and appurtenant above -ground equipment) to be installed from time to time; with the right to reconstruct, improve, add to, enlarge, change the voltage as well as the size of, and remove such facilities or any of them within an easement described as follows: See Exhibit "A" ("Easement Area") any other person, firm, or corporation to attach wires to within the Easement Area; the right to trim and cut and kee trimmed and cut all dead, weak, leaning or dangerous trees or outside of the easement area which might interfere wiPh or fall upon the lines or systems of communications or transmission or distribution; and further grants, to the fullest extent the undersigned has the power to grant, if at all, the heremabove granted on the Easement Area heretofore described, over, along, under and across the roads, streets or high adjoining or through said Easement Area. IN WITNESS WHEREOF, the undersigned has signed and sealed this instrument on February 24 , 2022 Signed, sealed and delivered in in the presence of: AJJ twidnew., signature) Print Name: Jeanette Williams (Wltnessj ( i ess siglieture) Print Name: Deborah Abren (Wimess) STATE OF Flori cable ass to CITY OF SEBASTIAN. A FLORIDA MUNICIPALITY INCORPORATED UNDER THE LAWS OF THE STATE OF FLORIDA Print iNSme: Paul E. Carlisle Print Address: 1225 MAIN ST SEBASTIAN. FL 32958 Print Name: S'->1 •)'V' t rn rr Print Address:i'- COUNTY OF Indian River The foregoing instrument was acknowledged before me by means of IK physical presence or [) online notarization, ' this February 24. 2022 by Paul E. Carlisle (owe) R" (Type MideNmcanon) My Commission Expires: ID 127 [A who is (ame) personally known to mew asooleotilitiobm(,oRWho did(didnot) a an oath. Notary Public, Slgna 4rt e Pnnt Name Catherine E. Testa Ay.�/srJ, CATHERINEETESTA CaNNrsbn#HH65r261 .... ......... F-9Dir9e Febue916, Y626 Page 1 of 2 •• ExPI FeWUFYnNweontW XSM19 SKETCH AND DESCRIPTION THIS IS NOT A SURVEY r 0 0 o z 4a ( IN FEET ) 1 Inch = 40 ft THIS MAP IS INTENDED TO BE DISPLAYED AT A SCALE OF 1" = 40' LEGEND A =ARC LENGTH D.U.E. = DRAINAGE AND UTILITY EASEMENT LS = LICENSED BUSINESS LS = LICENSED SURVEYOR LTD. =LIMITED NO. =NUMBER (P) = PLAT P.B. =PLAT BOOK PG. = PAGE R =RADIUS RAN =RIGHT-OF-WAY ® = EASEMENT SURVEYOR'S NOTES: TRACT -D'. BLOCK 251, PLAT BOOK 6, PAGE 37 30' DRAINAGE R/W - i O / cs , F<T� �o �9N ��a1 Ayyry9ry� / ry�e3 y /o ty9 up6a 9� '0-0 % / 6 A / Op /Pry 111 / \. Np. PA / / LOT 10, / BLOCK 251, / PLAT BOOK 6, PAGE 37 1. OTHER MATTERS OF RECORD AFFECTING LANDS SHOWN HEREON MAY BE FOUND IN THE PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA. 2. THE BASIS OF BEARING IS THE NORTHEASTERLY PROPERTY LINE OF THE PARCEL AS DESCRIBED BELOW, HAVING AN ASSUMED BEARING OF N 34`2070" W. 3. NO FIELD WORK WAS PERFORMED. 4. LATITUDE AND LONGITUDE ARE FOR RELATIVE LOCATION AND ARE NOT FOR CONSTRUCTION PURPOSES. LEGAL DESCRIPTION: THE NORTHWESTERLY 10.00' OF THE SOUTHEASTERLY 35.00' OF THE SOUTHWESTERLY 10.00' OF TRACT -D', BLOCK 251, SEBASTIAN HIGHLANDS UNIT 10, PLAT BOOK 6, PAGE 37 OF THE PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA. ADDRESS: 1371 COWNIE LANE, SEBASTIAN, FLORIDA. Bowman C O N S U L T I N G SURVEYOR'S CERTIFICATION: I HEREBY CERTIFY, TO THE BEST OF MY KNOWLEDGE AND BELIEF, THAT THE SKETCH AND DESCRIPTION SHOWN HEREON WAS PREPARED IN ACCORDANCE WITH THE 'STANDARDS OF PRACTICE" FOR SURVEYING AND MAPPING IN THE STATE OF FLORIDA AS SET FORTH BY THE FLORIDA BOARD OF PROFESSIONAL SURVEYORS AND MAPPERS IN CHAPTER 5JA7, FLORIDA ADMINISTRATIVE CODE, PURSUANT TO SECTION 472.027, FLORIDA STATUTES. BRION D. YANCY DATE OF SIGNATURE PROFESSIONAL SURVEYOR AND MAPPER FLORIDA LICENSE NO. LS 7162 NOT VALID WITHOUT ORIGINAL SIGNATURE AND SEAL OR ELECTRONIC SIGNATURE OF A FLORIDA LICENSED SURVEYOR AND MAPPER. EXHIBIT "A" FLORIDA POWER AND LIGHT EASEMENT Bowman Consulting Group, Lid., Inc. Phone: (772) 2490733 10815 S.W. Tradition Square Port St. Lucie, FL 34987 wwubowmanconsulfng... © Bowman Consulting Group, Ltd INDIAN RIVER COUNTY FLORIDA ' PROECT W. to0207-01-OOB ise o X I�DAI Teb. 14, 2022 Professional Surveyors and Mappers, Certificate NO. LB-8030 /I DADD RE: EXHIBIT 127 DCR wt xa 102/1718 I5G1E P = /0' I vm 1 OF 1 TaE: M 10020] - HItE-FPL\/0020]-01-OOB AA1 - PBtE R'L NOR '�021 - FF1L91BLL1AW\M\ 12\SUR4£YInS\EpIIBT 12] Dtlt