HomeMy WebLinkAboutR-88-37RESOLUTION NO. R-88-37
A RESOLUTION OF THE CITY OF SEBASTIAN, FLORIDA,
ADOPTING AN APPLICATION FORM, A FORM OF "SIDE SWALE
AGREEMENT" AND ESTABLISHING A FEE FOR SUBMITTAL OF
REQUESTS FOR A PERMIT TO INSTALL A DRAINAGE PIPE IN THE
SIDE YARDS OF ADJACENT LOTS IF DEEMED APPROPRIATE BY
THE BUILDING OFFICIAL AND THE CITY ENGINEER; PROVIDING
AN EFFECTIVE DATE.
WHEREAS, there have been a number of instances where the
construction of structures has presented a situation where it would
be convenient and wholly appropriate to have a side yard ditch or
deep swale replaced by the installation of a drainage pipe, have
the pipe covered, and have the covering contoured to provide for
proper surface flow of water, and
WHEREAS, the Building Official, the City Manager, and the
Acting Director of Public Works have recommended to the City
Council to enact this Resolution to adopt the form of applications
for permits to allow such measures on a case-by-case basis; to
adopt the form for a contract between the City and the landowners
to require the landowners to be responsible fo the subject
installations, and to adopt a fee schedule for such staff review of
the application,
NOW THEREFORE, BE IT RESOLVED BY THE CITY OF SEBASTIAN,
FLORIDA, AS FOLLOWS:
That the Application Form attached hereto as "Exhibit A" is
hereby approved as the form that shall be submitted to the City as
a prerequisite for a permit for approval of a side yard drainage
pipe on a case-by-case basis, if approved by the Building Official
and the City Engineer, which authority is hereby delegated by the
City Council.
SECTION II
That the "Side Swale Agreement" attached hereto as "Exhibit
B" is hereby approved as the form of the agreement that shall be
entered into between the City and the land owners concurrently
with the issuance of any such permit. The Mayor and City Clerk
are hereby authorized to execute such contracts on behalf
of the City for each permit.
SECTION III
The application fee for each such permit shall be FIFTY DOLLARS.
SECTION IV
This Resolution shall be effective upon final passage.
CI~ SEBASTIAN, FLORIDA
Richard B. Votapka, Mayor
ATTEST:
Kath~n M. O'Halloran, CMC/AAE
City Clerk
I HEREBY CERTIFY that this resolution was duly passed by the City
Council of the City of Sebastian, Florida, on the j~" day of
/7~O3~ , 1988.
Kat~y~ M. O'Halloran, CMC/AAE
City Clerk
Approved as to Form
and Lggal Suff_.iciency:
City AttOrney
2
CITY OF SEBASTIAN, FLORIDA
APPLICATIQN FOR SIDE SWALE ~
DATE:
We, the owners of the below described lots request a permit to
install and maintain a pipe in the side yard swale between the
two lots.
Legal Description O~ L0~s:
91 Lot , Block , Unit , Subdivision
#2 Lot
· Block~, Unit
, Subdivision
Qwners ~ Deed (Name and Address)
#1
#2
The following documents are also required:
A plot plan showing the location of the pipe is attached
hereto.
A plan prepared by a registered engineer is attached showing
the proposed pipe size, location, elevation, length and
materials is attached hereto.
3. Warranty deeds are attached hereto.
A recorded side swale agreement is attached hereto for
execution by the City.
A fee of $50.00 payable to the City of Sebastian is
enclosed.
This application fee is non-refundable once the City of Sebastian
proceeds with their review. The application and fee is for
normal applications and the City of Sebastian, if just cause is
found, could require additional material and additional fees
beyond the $50.00 application fee.
OWNER
OWNER
OWNER
OWNER
APPROVED BY RESOLUTION NO. R-88-37
NUMBER:
DATE-
SIDE SWALE AGREEMENT
PARTIES:
Lot , Block
, Unit No.
Subdivision, AND
.owner (s) of
Lot , Block
, Unit No.
Subdivision,
owner(s) of
HEREBY AGREE: That is hereby granted
permission to install a drainage pipe, cover same, and contour
the surface for surface drainage on the side of Lot
and the side of Lot , in accordance with the rules
and regulations of the City of Sebastian for the installation of
such side yard drainage pipes.
IT IS ALSO AGREED that the parties hereto, their successors and
assigns, shall be jointly and severably responsible for the
perpetual maintenance of said pipe, cover, end protections, if
any, and in keeping said pipe free and clear of obstructions to
proper drainage.
IT IS ALSO AGREED that the City of Sebastian, Florida, may, for
good cause, require the removal of said pipe, the re-opening of
the side ditch, or other corrective measures if such acts are
deemed necessary by the Building Official and the City Engineer.
This reservation is necessary because it is impossible to
visualize whether such measures may be needed in the future to
make this side ditch and pipe fully compatible with the
surrounding aspects of the then existing drainage plans or
facilities. If such measures are necessary the owners of both
lots will be duly notified of the requirements that must be
undertaken.
IT IS AGREED THAT this contract shall be recorded in the land
records of Indian River County and
THIS CONTRACT SHALL RUN WITH THE LAND
AND BE BINDING ON ALL SUBSEQUENT OWNERS OF SAID PARCELS
CITY OF SEBASTIAN:
by:
Mayor
ATTEST:
City Clerk
STATE OF FLORIDA )
COUNTY OF INDIAN RIVER )
Before me, Notary Public, appeared .......... ,
and , ,
who subscribed their signatures
hereto before me on the~day of , 19,__
(seal)
My Commission Expires
NOTARY PUBLIC, State of Florida
at Large
APPROVED BY RESOLUTION NO. R-88=~37