HomeMy WebLinkAboutR-25-39 Public Utility Easement - Dunkin Donut3120250050280
RECORDED IN THE PUBLIC RECORDS OF
RYAN L BUTLER, CLERK OF COURT
INDIAN RIVER COUNTY FL
BK 3810 PG: 445 Page 1 of 410/10/2025 11:09 AM
RESOLUTION NO. R 25-39
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, VACATING A PORTION OF A STRIP OF LAND
DESIGNATED AS A SIX FOOT -WIDE PUBLIC UTILITY EASEMENT ON
THE PLAT OF EDGEWATER PARK SUBDIVISION, AS FOUND IN PLAT
BOOK 2, PAGE 409 OF THE PUBLIC RECORDS OF INDIAN RIVER
COUNTY, FLORIDA, ALONG THE NORTH LINE OF LOTS 89 9,10, AND
I1, ALONG WITH THE EAST LINE OF LOTS 12, 13, AND 14;
PROVIDING FOR CONFLICTS; PROVIDING FOR RECORDING;
PROVIDING FOR SCRIVENER'S ERRORS; AND PROVIDING FOR
EFFECTIVE DATE.
WHEREAS, DTO Property of Sebastian, LLC, is the owner of the land at 900 U.S.
Highway #1, Sebastian, Florida;
WHEREAS, the subject property is located within the Edgewater Park Subdivision; and
WHEREAS, the Owner has filed a request for a partial abandonment of the public utility
easements along specific lot lines within the Edgewater Park Subdivision; and
WHEREAS, under Florida Statute §177.101(3), upon an application by a fee simple title
owner, the Sebastian City Council may vacate a plat or portions thereof which have been dedicated
for a public purpose therein; and
WHEREAS, all providers of telephone, electric, cable, water, and drainage utilities have
consented to a partial abandonment of the public utility easement on that strip of land designated
and previously platted on the Edgewater Park Subdivision.
NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
SEBASTIAN, AS FOLLOWS:
Section 1. VACATION OF EASEMENT. The City Council of the City of Sebastian
does hereby vacate, abolish, abandon and discontinue all of that portion of land previously
dedicated for a public utility easement described as follows:
See Exhibit "A " Sketch & Description of Easement Abandonment
Section 2. CONFLICTS. All resolutions or parts of resolutions in conflict herewith
are hereby repealed.
Section 3. RECORDING. This Resolution shall be recorded in the public records of
Indian River County, Florida.
Section 4. 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 the City Council by filing a corrected copy of same with the City Clerk.
Section 5. EFFECTIVE DATE. This Resolution shall take effect immediately upon
its adoption.
The foregoing Resolution was moved for adoption by Councilmember
,Tones The Motion was seconded by Councilmember
Nunn and, upon being put into a vote, the vote was as follows:
Mayor Bob McPartlan ave
Vice Mayor Fred Jones a —ye
Councilmember Ed Dodd aye
Councilmember Christopher Nunn aye
The Mayor thereupon declared this Resolution duly passed and adopted this 8th day of October,
2025.
CITY OF SEBASTIAN, FLORIDA
By:
Bo McPartlan, Mayor
ATTEST:
ejwd
9eanette Williams, MMC
City Clerk
Approved as to form and legality for
reliance by the City of Sebastian only:
AE ' er Cockcroft, Esq., BCS
City Attorney
EXHIBIT A
LEGAL BA SCR/PT/ON.•
BEING THE FOLLOWING PIECE OR PARCEL OF LAND LYING IN THE CITY OF SEBASTIAN
AND COUNTY OF INDIAN RIVER COUNTY, FLORIDA AND MORE PARTICULARLY
DESCRIBED AS FOLLOWS; BEING A STRIP OF LAND SHOWN ON A PLAT OF EDGEWATER
PARK SUBDIVISION, AS FOUND IN PLAT BOOK 2, PAGE 40, PUBLIC RECORDS OF INDIAN
RIVER COUNTY, FLORIDA. SAID STRIP OF LAND IS DESIGNATED AS A 6 FOOT WIDE
PUBLIC UTILITY EASEMENTON SAID PLAT. THE PORTION OF SAID EASEMENT TO BE
ABANDONED IS ALONG THE NORTH LINE OF LOTS 8, 9, 10, AND 11 ALONG WITH THE
EAST LINE OF LOTS 12,13 AND 14 AS SHOWN ON SAID PLAT AND THE HEREIN SKETCH.
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Herein Referenced 8455 SE May Terrace,
Pa+nele Of Land Hobe Sound, FL 33455
Sebeaden, Florida (P) 772 528 , T718
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