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HomeMy WebLinkAboutO-00-21 This instrUment prepared by and should be returned to: ,,''1Y 0" \ .. "" t:J ~ ~ ~ (; '. .;;.~, 0\00 .4':. ~ +Q ""10 .. <;...~ 0,. PELlC~" \ .,1ltE RECORDS 011 JEFFReY K. BARTON CLERK CIRCUIT couRT tNOIAN RIVER CO., FLA. ~ Rich Stringer, City Attorney 1225 Main Street Sebastian, Fl 32958 .33~ City of Sebastian 1225 MAIN STREET 0 SEBASTIAN, FLORIDA 32958 TELEPHONE (561) 589-5330 0 FAX (561) 589-5570 CERTIFICA TION N u..) ~ +- \..0 .&'" STATE OF FLORIDA COUNTY OF INDIAN RIVER CITY OF SEBASTIAN ORDINANCE NO. 0-00-21 <:> C> o ("') -! N en " 3: ~ (:) C.11 I, Sally A. Maio, City Clerk of the City of Sebastian, Indian River County, Florida do hereby certify that the attached is a true and correct copy of Ordinance No. 0-00-21 as adopted by City Council at its Regular City Council Meeting of October 11, 2000. AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, ABANDONING INGRESS/EGRESS EASEMENT ACROSS AMERICAN LEGION PROPERTY AT C. R. 512; PROVIDING FOR CONFLICT; PROVIDING FOR SERVERABILlTY; AND PROVIDING FOR AN EFFECTIVE DATE. - IN WITNESS WHEREOF, I hereunto set my hand and affix the Seal of the City of Sebastian, Indian River County, Florida, this 17th day of October, 2000. " ~ " 0 .\ .... /J ')v;. - / 0:0 0 -"'.-" f/( c....-.:... Sally- A. aio' ~ ::. ~ City Cierk " o ::c - CN 0'\ N .." G":) o .. +' ' .s:r ORDINANCE NO. 0-OO~21 AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, ABANDONING INGRESS/EGRESS EASEMENT ACROSS AMERICAN LEGION PROPERTY AT C.R. 512; PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, pursuant to an Easement Agreement between the City and the Charles L. Futch Post No. 189 Department of Florida American Legion dated May 28, 1997, an ingress/egress easement accessing c.R. 512 was conveyed to the City for the benefit ofthe Public Works Compound on Louisiana Avenue; and WHEREAS, the City Council finds that said easement is no longer needed for a public purpose; and WHEREAS, City Code Section 2-193 provides that the City may abandon interests in property by ordinance upon such a finding. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNClL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY,.FLORIDA, as follows: Section: 1. EASE:MENT ABANDONED. The City hereby abandons and releases its interest in real estate encumbered under that certain Easement Agreement between the City and the Charles L. Futch Post No. 189 Department of Florida American Legion dated May 28, 1997, as described in the attached Exhibit "A". Section 2. CONFLICT. All ordinances or parts of ordinances in conflict herewith are hereby repealed. Section 3. SEVERABILITY. In the event a court of competent jurisdiction shall o ::0 hold or detennine that any part of this Ordinance is invalid or unconstitutional, the remainder of the Ordinance shall not be affected and it shall be presumed that the City Council of the City of Sebastian did not intend to enact such invalid or unconstitutional provisions. It shall further be assumed that the City Council would have enacted the remainder of this Ordinance without said - w en N -v en o .t:'"' + U1 invalid or unconstitutional provision, thereby causing said remainder to remain in full force and effect. Section 4. EFFECTIVE DATE. This Ordinance shall become effective upon final passage. The foregoing Ordinance was moved for adopJjp!, by Councilmember I/Iil . The motion was seconded by Councilmember (?i o~ and, upon being put to a vote, the vote was as follows: Mayor Walter Barnes re Vice-Mayor Ben A Bishop Councilmember Joe Barczyk CouncilmemberJamesFfill Councilmember Edward 1. Majcher, Jf. /Jl The Mayor thereupon declared this Ordinance duly passed and ad pted this ~ day of October, 2000. CITY OF SEBASTIAN, FLORIDA By: \~ 01 ~/) 6/\ Nr\P Mayor Walter Barnes ATTEST: '<t1JJJJc1 1Jz~ - -S;&; A. q{lL'O I C;1-1C- City Clerk Approved as to form and legality for reliance by the City of Sebastian only: o ::g / I (..) 0"\ N -0 ~ o &" .:::- (1'\ EASEMENT AGREEMENT This Agreement made thi~.-day of ~ 1~97, by and between the. City of Sebastian, a municipality within Indian River County in the State of Florida, 1225 Main Street, Sebastian, Florida 32958, ("City") and the Charles L. FutchPostNo.189 Department of Florida American Legion, Inc., 807 Louisiana Avenue, Sebastian, Florida 32958, ("American Legion"), a non-profit corporation existing under the laws of the State of Florida. WHEREAS, the American Legion is the owner of property located at 807 Louisiana Avenue ("Property"), and legally described as follows: A parcel of land lying in sections 6 and 7, Township 31 south, range 39 east, Indian River County, Florida, being more particularly described as follows: Commencing at the north quarter corner of section 7, township 31 south, range 39 east; thence 589030'41"W, along the north line of said section 7, 229.18 feet to the point of beginning; thence 521043'35"E, 8.79 feet to a point of curvature, thence southeasterly along the arc of a curve concave to the northeast, having a radius of 45.00 feet and a delta angle of 42041 '21", 33.53 feet to a point of cusp; said point lies N34 057'21 "W from the radius point of said curve and on the northerly right-of~way of County Road 512; thence southwesterly along the arc or said r.urye concave to the southeast and being on the northerly right-of-way of County Road 512 having a radius of 2060.94 feet and a delta angle of 01 c 04' 42", 38.79 feet to a point of cusp; thence northerly along the arc of a curve ~oncave to the west having a radius of 40.00 feet and a delta angle of 11 008'15",7.78 feet; thence N21 043'35"W, 168.57 feet; thence NOo024'54"E, 66.33 feet; thence 8210 43'35"E, 189.20 feet, to the point of beginning. Said parcel contains 0.12 acres+/- and is subject to reservations, restrictions, and easements of record. WHEREAS, the City has continuously maintained a dirt driveway across the Property o ::0 - WHEREAS, the American Legion has never objected to such use; and, c...> 0'\ N -0 C';) o .s:- .- -..J ("Exsisting Driveway") for the purpose of ingress and egress to and from the Sebastian Public Works Compound/City Garage located at 805 Louisiana Avenue ("Compound"), since the Compound was tl;st established; and, '-a. l\ 1. E 1-\\'811 r \ ,0 ~ 012.\). 0 - DO ~.2' .' WHEREAS, the City wishes to continue to use the Property for ingress and egress to and from the Compound, but desires to relocate the Existing Driveway to the west of its present location ,.... ("Relocated Driveway") and to record an ingress/egress easement'for use of the Relocated Driveway in the Official Records ofIndian River County; and WHEREAS, the American Legion has consented to said relocation NOW, THEREFORE, for and in consideration of the premises and other good and valuable consideration, the sufliciency of which is hereby acknowledged, the Arnerican Legion and the City hereby agree as follows: 1. The above recitals are incorporated herein as if set forth in their entirety. The American Legion hereby.grants an easement to the City for the construction and maintenance. of the Relocated Driveway for the purpose of ingress and egress as described on the Sketch of Legal Description prepared by Masteller, Moler and Reed as signed by Stuart A. Houston, PSM #4490, a copy of which is attached hereto and incorporated herein by this reference as Exhibit "A". The City agrees that the American Legion and its successors and assigns will be permitted to utilize the Relocated Driveway for ingress and egress to and from the Property. 2. The City agrees to grade and maintain the Relocated Driveway and to sod the remainder of the Existing Driveway. 3. At the request of the Commander ofthe American Legion, the City shall grade the shell parking lot and driveways on the Property twice per year. IN WITNESS WHEREOF, the City and the American Legion have caused these presents to be executed in their names, the day and year first written above. o ::0 w en N ""0 Cii) o .c- ... CO CHARLES L. FUTCH AMERI AN LEGION P I' . STATE OF FLORIDA COUNTY OF INDIAN RIVER . / . The foregoing instrument was acknowledged before me this o:z -Y... day of VU~ , ~7 by , personally known to me or wbo has produced Ii. [dJ)~/.t2 bfO.MP as identification. --1525 ~ 533 -dJ ~;;.( 3 - 0 6 ... _!l.;r.~:j:it: SALLY A. MAlO i~~"i/i;,T;;~ MY COMMISSION I co 40177-4 \~~..j EXPIRES: October S, 199B "'tnr..r.;., .-- Bonded lhru Nobry Publlc lmdillWfllers Printed N e: Commission No. State of Florida at Large My CommissionExpires: I()/ :5"/9~ . I THE CITY OF SEBASTIAN, FLORIDA BY:~cJ.~ Title: . Manage on .-'I:;;"~:l""", LINDA M. GALLEY \ g::r-"J;.l'if.f:: MY COMMISSION I co 375724.... ~'!.."~.:;.i EXPIRES; June 1B, 1998 "%.?r.j:.'t" BonDed lhru Nolmy Public Underwr!lllt3 o ::lO c...> (jl N .." CD <::) .&'" ..- \D 2 ~-&; ----- t q:{.~ r-~l> ~",,\ . II . "',L.\ d~= ... \\pOcl .... '\ ~~ - g ~ \, \~,~ ~ \ \~ -.~ ,,';' \ \91 l , ';::nUEH . ~ ""\0 .I::":l~::l \. :.r~cl" . ," \~ ~ \.~.::: ~';". 'i .-..----.. .....~. \~ Ii.)", /' ' '/!-;;. /' .. <, \ ,~~, \l~ ,.. '-;,;'':;:' "-p1' ../\ V..;;:C< .: '\ fW v,. I /' .... ~\ '., . n _ ! <.t ' .. ~"'" \ '\., r."~1. /. \. 4r \, \ \> 8f ~,'. ',. / ; : . /\~ " '\ \~.g.~. ! I I ./, \ '. ,- tJ i I I '-is:.,, \'. \ \'\ -; ~, ! ! I . \\ '.' 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'f' "., ORDINANCE NO. 0-00-21 AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, ABANDONING INGRESS/EGRESS EASEMENT ACROSS AMERICAN LEGION PROPERTY AT c.R. 512; PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, pursuant to an Easement Agreement between the City and the Charles L. Futch Post No. 189 Department of Florida American Legion dated May 28, 1997, an ingress/egress easement accessing C.R 512 was conveyed to the City for the benefit of the Public Works Compound on Louisiana Avenue; and WHEREAS, the City Council finds that said easement is no longer needed for a public purpose; and WHEREAS, City Code Section 2-193 provides that the City may abandon interests in property by ordinance upon such a finding. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, as follows: Section 1. EASEMENT ABANDONED. The City hereby abandons and releases its interest in real estate encumbered under that certain Easement Agreement between the City and the Charles L. Futch Post No. 189 Department of Florida American Legion dated May 28, 1997, as described in the attached Exhibit "A". Section 2. are hereby repealed. Section 3. SEVERABrr.ITY. In the event a court of competent jurisdiction shall hold or determine that any part of this Ordinance is invalid or unconstitutional, the remainder of CONFLICT. All ordinances or parts of ordinances in conflict herewith the Ordinance shall not be affected and it shall be presumed that the City Council of the City of Sebastian did not intend to enact such invalid or unconstitutional provisions. It shall further be assumed that the City Council would have enacted the remainder of this Ordinance without said . , invalid or unconstitutional provision, thereby causing said remainder to remain in full force and effect. Section 4. EFFECTIVE DATE. This Ordinance shall become effective upon final passage. The foregoing Ordinance was moved for adopto~ by Councilmember I-/Ia- . The motion was seconded by Councilmember 1'-;;; Oll~ and, upon being put to a vote, the vote was as follows: Mayor Walter Barnes 'e Vice-Mayor Ben A. Bishop Councilmember Joe Barczyk Councilmember James Hill Councilmember Edward J. Majcher, Jr. t.J.L The Mayor thereupon declared this Ordinance duly passed and ad pted this E day of October, 2000. CITY OF SEBASTIAN, FLORIDA By: \tJ G-. \ ~I) {; f}, i'-tI\P Mayor VI alter Barnes ATTEST: ~t1fl/L;(}.IrLc- - -S~ A. /ojtLt'o I CiY~ City Clerk Approved as to form and legality for reliance by the City of Sebastian only: I . , EASEMENT AGREEMENT This Agreement made thi~--daY of ~ 1~97, by and between the City of Sebastian, a municipality within Indian River County in the Sfate of Florida, 1225 Main Street, Sebastian, Florida 32958, ("City") and the Charles 1. Futch Post NO.189 Department of Florida American Legion, Inc., 807 Louisiana Avenue, Sebastian, Florida 32958, ("American Legion"), a non-profit corporation existing under the laws of the State of Florida. WHEREAS, the American Legion is the owner of property located at 807 Louisiana Avenue ("Property"), and legally described as follows: A parcel ofland lying in sections 6 and 7, Township 31 south, range 39 east, Indian River County, Florida, being more particularly described as follows: Commencing at the north quarter corner of section 7, township 31 south, range 39 east; thence 589030'41"W, along the north line of said section 7, 229.18 feet to the point of beginning; thence 521043'35"E, 8.79 feet to a point of curvature, thence southeasterly along the arc of a curve concave to the northeast, having a f3.dius of 45.00 feet and a delta angle of 42041 '21",33.53 feet to a point of cusp; said point lies N340 57'21 "W from the radius point of said curve and un the northerly right-of~way of County Road 512; thence southwesterly along the arc or said curye concave to the southeast and being on the northerly right-of-way of County Road 512 having a radius of 2060.94 feet and a delta angle of 01 0 04' 42", 38.79 feet to a point of cusp; thence northerly along the arc of a curve ~oncave to the west having a radius of 40.00 feet and a delta angle of 11 008'15",7.78 feet; thence N21 o43'35"W, 168.57 feet; thence NOo024'54"E, 66.33 feet; thence S21 043'35"E, 189.20 feet, to the point of beginning. Said parcel contains 0.12 acres+/- and is subject to reservations, restrictions, and easements of record. WHEREAS, the City has continuously maintained a dirt driveway across the Property ("Exsisting Driveway") for the purpose of ingress and egress to and from the Sebastian Public Works Compound/City Garage located at 805 Louisiana Avenue ("Compound"), since the Compound was ti!'st established; and, WHEREAS, the American Legion has never objected to such use; and, E j-\-(BIJ f\l\-to 'l012\)' 0 - DO ~.2\ WHEREAS, the City wishes to continue to use the Property for ingress and egress to and from the Compound, but desires to relocate the Existing Driveway to the west of its present location ........ C"Relocated Driveway") and to record an ingress/egress easement' for use of the Relocated Driveway in the Official Records ofIndian River County; and WHEREAS, the American Legion has consented to said relocation NOW, THEREFORE, for and in consideration of the premises and other good and valuable consideration, the sufficiency of which is hereby acknowledged, the American Legion and the City hereby agree as follows: 1. The above recitals are incorporated herein as if set forth in their entirety. The American Legion hereby grants an easement to the City for the construction and maintenance of the Relocated Driveway for the purpose of ingress and egress as described on the Sketch of Legal Description prepared by Masteller, Moler and Reed as signed by Stuart A. Houston, PSM #4490, a copy of which is attached hereto and incorporated herein by this reference as Exhibit" A". The City agrees that the American Legion and its successors and assigns will be permitted to utilize the Relocated Driveway for ingress and egress to and from the Property. 2. The City agrees to grade and maintain the Relocated Driveway and to sod the remainder of the Existing Driveway. 3. At the request of the Commander of the American Legion, the City shall grade the shell parking lot and driveways on the Property twice per year. IN WITNESS WHEREOF, the City and the American Legion have caused these presents to be executed in their names, the day and year first written above. . I By: Title: STA TE OF FLORIDA COUNTY OF INDIAN RIVER . / The foregoing instrument was acknowledged before me this 02 iYf. day of ~A...L- , 1297 by personally known to me or who has produced Ii ldJ)Lf,llJ Lio).M as identification. ..)525- 533 -;;)j -;</3 - 0 "'~-:;"~:'}~" SALLY A. MAlO ";f!.&'>;O' ~..:, ':~ MY COMMISSION I CC 401774 ;~. ..~: EXPIRES: October 5. 1998 ~"t,f,,9f.,~~"" Bonded Thru Notary Pubic Underwrtters ... . 6 Commission No. State of Florida at Large My Commission Expires: THE CITY OF SEBASTIAN, FLORIDA BY:~CJ~ Title: City Manage STATE OF FLORIDA COUNTY OF INDIAN RIVER The foregoing instrument was acknowledged before me t~ 0 1997 by Thorn s W. Frame, as City Manager of the CITY OF SEBASTIAN, FLO on behalfoft eC TY OF SEBASTIAN. HefMfeis personally known to me Of p.odu...ed as idemifkaliuIl. ",'~~:'fv.:;:" LINDA M. GALLEY \ Kf'~"'f:~ MY COMMISSION I cc 375724 . '. ~~:,~,:.'f EXPIRES: June 18. 1998 "'~f,,~y'j~~"~ Bonded Thru Notmy Public Underwmsrs 0I- l __ ..--:.~ ~~~ 0; " S~ _____ t .;s;.... r-jOt> ~ ~, . Il . "l',J..\ d~= '. \ tp 0 '. ~~ - t) (jl '. , ~ "': G-= \", ,iU t> ' \ \ - ~ , . "\ \~~\; . " \~'[2\ "'-._ .__--.. ....~. '. .A ~ \ /' - -- . 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