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HomeMy WebLinkAboutMeek & Sons PlumbingPrepared by: Jennifer D. Cockcroft, Esquire City Attorney of City of Sebastian 1225 Main Street Sebastian, Florida 32958 Return to: Jeanette Williams, City Clerk City of Sebastian 1225 Main Street Sebastian, Florida 32958 Tax Parcel Identification Number: 31-39-20-00006-0000-00004.0 3120240058516 RECORDED IN THE PUBLIC RECORDS OF RYAN L. BUTLER, CLERK OF COURT INDIAN RIVER COUNTY FL BK:3742 PG:958 Page of 312/11202410:29AM D DOCTAX PD $0,70 NON-EXCLUSIVE UTILITY/ACCESS EASEMENT AND SIDEWALK EASEMENT GRANT TO CITY OF SEBASTIAN THIS UTILITY/ACCESS EASEMENT AND SIDEWALK EASEMENT is made the date set forth below, by and between DAVID W. MEEK AND FRANCES M. MEEK AS TRUSTEES OF THE DAVID W 8r FRANCES M MEEK REVOCABLE LIVING TRUST, whose address is 592 Cross Creek Cir., Sebastian, Florida 32958 (hereinafter referred to as the "GRANTOR" herein), and the CITY OF SEBASTIAN, a Florida municipality, whose address is 1225 Main Street, Sebastian, Florida 32958, hereinafter referred to as the GRANTEE. WITNESSETH: FOR AND IN CONSIDERATION of the sum of TEN DOLLARS ($10.00), together with other good and valuable consideration, in hand paid to the GRANTOR by the GRANTEE, the receipt and sufficiency whereof is hereby acknowledged, the GRANTOR does hereby give, grant, bargain, and sell unto the GRANTEE, its successors and assigns, and permittees, a non-exclusive utility easement to construct, install and maintain the GRANTEE's or permittee's utility facilities to include, but not be limited to, the perpetual right to enter upon said easement parcel (as described below) at any time that it may seem fit, to construct, lay, reconstruct, operate, maintain, modify or repair, or take any of those actions or any combination of such actions, with regard to the GRANTEE's utilities facilities, for the purpose of operating and supplying utility services as part of the GRANTEE's or permittee's utility systems, said easement parcel being over, through and under that certain parcel or tract of real estate situated in the County of Indian River, State of Florida, more particularly described as follows: Lot 4, BARBER STREET TRADE CENTER SUBDIVISION, according to the Plat thereof, recorded In Plat Book 15, page 48, of the Public Records of Indian River County, Florida, less the following described portion thereof: Beginning at the Northwest corner of said Lot 4, Thence S00045'31" E, along the West line of said Lot 4, 51.24 feet; Thence leaving said line, N89014'29" E 129.25 feet; Thence N63058'45" E, 4.75 feet, to a point on the Easterly line of said Lot 4; Thence N26001' 15"W, along the East Line of said Lot 4,101.50 feet to a point being the Northeast corner of Lot 4; Thence S63058'45"W, along the North Line of said Lot 4, 136.77 feet to the Point of Beginning. 11P„c, OVER THE SAME AREA the GRANTOR grants an easement to the GRANTEE for its public purposes of using the said property for access: Lot 4, BARBER STREET TRADE CENTER SUBDIVISION, according to the Plat thereof, recorded in Plat Book I5, page 48, of the Public Records of Indian River County, Florida, less the following described portion thereof: Beginning at the Northwest corner of said Lot 4, Thence S00045'31" E, along the West line of said Lot 4, 51.24 feet; Thence leaving said line, N89014'29" E 129.25 feet; Thence N63058'45" E, 4.75 feet, to a point on the Easterly line of said Lot 4; Thence N26001'15"W, along the East Line of said Lot 4,101.50 feet to a point being the Northeast corner of Lot 4; Thence S63058'45"W, along the North Line of said Lot 4, 136.77 feet to the Point of Beginning. TOGETHER WITH the GRANTOR granting a sidewalk easement to the GRANTEE to provide City right-of-way to include all rights, but not limited to, the perpetual right to enter upon the below -described real property at any time that it may seem fit, to construct, lay, reconstruct, operate, maintain, modify and/or repair a sidewalk and all appurtenances thereto for the purpose of operating and supplying pedestrian traffic over, through and under the following described parcel or tract of real estate situated in Indian River County, Florida: Lot 4, BARBER STREET TRADE CENTER SUBDIVISION, according to the Plat thereof, recorded in Plat Book 15, page 48, of the Public Records of Indian River County, Florida, less the following described portion thereof: Beginning at the Northwest corner of said Lot 4, Thence S00045'31" E, along the West line ofsaid Lot 4, 51.24 feet; Thence leaving said line, N89014'29" E 129.25 feet; Thence N63058'45" E, 4.75 feet, to a point on the Easterly line of said Lot 4; Thence N26001'15"W, along the East Line of said Lot 4, 101.50 feet to a point being the Northeast corner of Lot 4, Thence S63058'45"W, along the North Line of said Lot 4, 136.77 feet to the Point of Beginning. THE GRANTEE and its assigns and permittees shall have the right to excavate, patrol, alter, improve, permit, repair, construct, maintain, or remove the GRANTEE's utility lines, structures and facilities and the sidewalk including, without limitation, the rights and privileges reasonably necessary or convenient to reasonably use the areas set forth herein, and the further right to trim, cut, remove any obstructions interfering with the rights of the GRANTEE. The GRANTOR further grants to the GRANTEE the reasonable right to enter upon adjoining lands of the GRANTOR for the purpose of exercising the rights herein granted. The GRANTOR agrees not to build, construct, or create or permit others to build, construct, or create any buildings or other structures in said easement area that may interfere with the rights granted to the GRANTEE herein. THE GRANTOR shall have the right to use the easement areas as a fee simple owner in any manner that is consistent with the rights granted to the GRANTEE herein. THE GRANTOR does hereby covenant with the GRANTEE that he is lawfully seized and possessed of the real estate herein described, that he has good and lawful right to convey the easements granted herein and that any and all joinders necessary for the GRANTOR to take the action herein taken have been obtained and that the rights of the GRANTEE are not subject to being foreclosed. 2 1 P a g e IN WITNESS WHEREOF, the GRANTOR has hereunto set its hand and seal, the days and years below written. PROPERTY OWNER/GRANTOR: DAVI D & RAN S LIVING TRUST g;;ZEVOCABLE //, Witnesses: Witn 1 ;- Jv(�A (Nor f Printed Name Of Witness # 1 STATE OF FLORIDA ) COUNTY OF INDIAN RIVER ) Dav�.Meek, Trustee -/�P/YIC� Rust" Frances M. Meek, Tree Witness # 2 M 9- l i-ssA �n Printed Name Of Witne # 2 ACKNOWLEDGMENT SWORN TO AND SUBSCRIBED before me / IN PERSON or _ VIA ELECTRONIC MEANS, this cZ4 day of ��, 2024, by David W. Meek as Trustee of the David W & Frances M Meek Revocable Living Trust, who is perso awn to me or who presented the following form of identification: and who ✓ DID or _ DID NOT take an oath. o„ "�rTA... ..a� . Affix Notarial Seal or Stamp beloya:::�OZI�Y MYcOMMISSION i &dtary Public; State of Florida EXPIRES3.31-2026'rinted Name: y Q-.,' A/ly Commission expires: STATE OF FLORIDA OF F\P�\ �L ' COUNTY OF INDIAN RIVER ) "'",,SSjnl;;:.:•;•�Q� ,o SWORN TO AND SUBSCRIBED before me ,' IN PERSON or _ VIA ELECTRONIC MEANS, thisO6 day of �, 2024, by Frances M Meek as Trustee of the David W & Frances M Meek Revocable Living Trust, who is personally known to me or who presented the following form of identificatioq: : and who ✓ DID or DID NOT take an oath. Affix Notarial Seal or Stamp P: Y PUg •• �, MY COMMISSION E _ Notry Public; State of Florida E%PIRES331-2026 �= Printed Name: Q 'h: My Commission expires: 31Page