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HomeMy WebLinkAboutR-88-53RESOLUTION NC.R-88-53 A RESOLUTION, VACATING, ABOLISHING· ABANDONING AND DISCONTINUING THE EASEMENT OF THE EAST FIVE FEET OF LOT 10, AND THE WEST FIVE FEET OF LOT 11, BLOCK 192, UNIT 6, SEBASTIAN HIGHANDS, ACCORDING TO THE PLAT THEREOF, RECORDED IN PBI 5-96, PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA; PROVIDING AN EFFECTIVE DATE. The City Council of the City of Sebastian, Florida, hereby resolves; SECTION I That the City of Sebastian does herewith vacate, abolish, abandon and discontinue all that portion of land previously dedicated for easement and described as follows; The east five feet of Lot 10, and the west five feet of Lot 11, Block 192, Unit 6, Sebastian Highlands, according to the plat thereof, recorded in PBI 5-96, Public Records of Indian River County, Florida. SECTION r.~ This resolution shall be in full force and effect immediately upon its passage. DO~, ST. - AMT. $ '~"--"~'--- FRSDA WRIGHT. Clerk of Circuit Courl lndt~.n River County - bY -_~~~_~,.~ by: E~,ASp~FLORIDA Richard B. Votapka, Mayor ATTEST: Kathr~ M~ O'Halloran, CMC/AAE City Clerk I HEREBY CERTIFY that the foregoing Resolution was duly passed and adopted by the City Council of the City of Sebastian· Flo -ida : this ,2 day of · ~7'" . ~ ~ , ~,,~ '."i ~_. ........ .._ ~, ' :'F~ .... "-~ ~a~h ,M. O'Halloran, CMC/AAE ( $ E"~,L,'..)" ~ ' R:.'.~' '-~ (STATE OF FLORIDA) ,, :" ;5 3:-- (CQUNTY O.F INDIAN RIVER) ~,o .... ~ · ~'.~ . .?2 T~ HEREBY CERTIFY that on this day, before me, an offic~ duly· authorized in Indian River County, Florida. to take acknowledgements, personally appeared '~/~d./l.~ '~. i/~A~ and ~d~n ~I. ~l~-~Ll[~ to me known as the person§ described ~n and who executed the foregozng ~nstrument and they acknowledged before me that they executed the same. WITNESS my hand and seal in Indian River County· Florida, this ~_~J/~, , 1988. ~01~¥ m3~tlC S*~T£ O~ rt0~ORIDA AT LARGE MY COMMISSION EXP DEC 10,1988 My' CommiSsion Expires 80~oE0 THRU 6[NER~L I~&. O~O. ...... _8.0_1] PI] 2691 Rec $6.0.0. / ~~ 1U (]) ~ -l-' .~ f- ~ <tl <: o .~ -l-' <tl Z <: <tl u .~ '- (]) ~ ~ This Instrument Prepared by: and to be Returned To: Warren W. Dill, Esq. Warren W. Dill, PA 1515 U.s. H\ry. I, Ste. 201 Sebastian, FL 32958 DOClJ~"f.1I1iI" DEED,/ 7 D · NOll . j[ffMT It B1.1.lOIl._ 1t400AN RIB..... .. r' "AN CU~1i'~ 8n"c'uIT CCh~' ' INDIAN AIVEA CO., !"IA GRANT OF NON-EXCLUSIVE UTILITY EASEMENT . {;.L /', This agreement made on the / {" day of ~~ ' 1995, by and between Patricia E. Baker, Personal Representative of the Estate 0 James J. Landry, Sr., a/k/a James Landry, Sr., a/k/a James J. Landry, whose address is 46 Rappleyea Road, Howell, NJ 07731, Grantor, and The City of Sebastian, a municipal corporation of the State of Florida of Indian River County, whose address is 1225 Main Street, Sebastian, Florida 32958, Grantee. NOW THEREFORE, in consideration of the sum of Ten Dollars ($10.00), and other good and valuable consideration, the receipt of which is hereby acknowledged, Grantor grants and conveys unto Grantee, its successors or assigns, a perpetual non-exclusive utility easement to layout, construct, inspect, operate, maintain, repair and install utilities and cable television facilities, together with the right to excavate and refill trenches for the location of said utilities and cable television facilities, and the further right to remove trees, bushes, undergrowth and other obstructions interfering with the location, construction and maintenance of the utilities and cable television facilities, all over, under, across and through the following described land (hereinafter referred to as "Easement Area"): The east five feet of Lot 10 and the west five feet of Lot 11, Block 192, Unit 6, Sebastian Highlands, according to the plat thereof, recorded in PBI 5-96, of the Public Records of Indian River County, Florida. IN WITNESSETH WHEREOF, the Grantor, and the Grantee have executed this Non- Exclusive Easement on the day and year first written above. Signed, sealed and delivered in our presence: WITNESSES: GRANTOR: Estate of James J. Landry, Sr., a/k/a James Landry, Sr., a/k/a James J. Landry (signature) I~~ fM . J./ ~:'---f (print name) K05E 111~ )- o..~.(j,()~ By: Patricia E. Baker, P Representative (Signature)f'~ ,>-lV, vxftl._' S (print name) EO,I"""...; fI, 7"/0 7/U ''''''<; STATE OF NEW JERSEY COUNTY OF MONMOUTH The foregoing instrument was acknowledged before me this -1L L:{ray of ~" C , 1995 by Patricia E. Baker, as Personal Representative of the Estate of James J. Landry:' Sr., a/k/a James Landry, Sr., a/k/a James J. Landry, who is personally known to me or who has produced_ N..T. DKI vf-l<-s /....1 ('J'e ,J>:I'L. as identification. )\ ,'I <;~ ~/o~'~ ~~-'-- vel. otary PublIc My Commission No. is: My Commission Expires: ':J.D'II.?-&O O'3Jo.j.l/~ o \0 o Ul (.,) U) , Ul >0 c:: G'> N \0 ." ::x: ~ .s=- o o = - o CT'\ ...0 ." C? N N ...0 U1 0' \Jr. I This Instrument Prepared by: \. ^' ^ and to be Returned To: \y Warren W. Dill, Esq. ..... Warren W. Dill, PA 1515 U.S. H"l'. 1, Ste. 201 Sebastian, FL 32958 OOCUMfNTARY SrUffS f)fED $ 1D . NOTE $ . Jfrrflrv" Rr I~)!)t.'- 1 IN!i1 Cll""1/~l:cO IN/);:: CII/c./( ~~~ 0" ~"lJI1"C '0", '.rqOQ OU_ ..~r ~. ClERK AJNT'f GRANT OF NON-EXCLUSIVE UTILITY EASEMENT This agreement made on the 18th day of Auaus t , 1995, by and between Malcolm C. Allen and Eva M. Allen, his wife, whose address is 462 Kendall Avenue, Sebastian, FL 32958, Grantor, and The City of Sebastian, a municipal corporation of the State of Florida of Indian River County, whose address is 1225 Main Street, Sebastian, Florida 32958, Grantee. NOW THEREFORE, in consideration of the sum of Ten Dollars ($10.00), and other good and valuable consideration, the receipt of which is hereby acknowledged, Grantor grants and conveys unto Grantee, its successors or assigns, a perpetual non-exclusive utility easement to layout, construct, inspect, operate, maintain, repair and install utilities and cable television facilities, together with the right to excavate and refill trenches for the location of said utilities and cable television facilities, and the further right to remove trees, bushes, undergrowth and other obstructions interfering with the location, construction and maintenance of the utilities and cable television facilities, all over, under, across and through the following described land (hereinafter referred to as "Easement Area"): The east five feet of Lot 10 and the west five feet of Lot 11, Block 192, Unit 6, Sebastian Highlands, according to the plat thereof, recorded in PBI 5-96, of the Public Records of Indian River County, Florida. v ~ t-= ~ -:l a ~ ~ :t v IN WITNESSETH WHEREOF, the Grantor, and the Grantee have executed this Non- Exclusive Easement on the day and year first written above. Signed, sealed and delivered in our presence: WITNESSES: AS TO BOTH: GRANTOR: 1~ ~~CAlIO"~ h-~ ~ va M. Allen l:1!..s 1 si na re (print name) CAROL (signatnre) {I~F2L',dLC. ~"'~ (printname)CATHERINE A. EDELMAN ~ STATE OF FLORIDA COUNTY OF INDIAN RIVER '"2 ~ 1- \ '-.J The foregoing instrument was acknowledged before me this 22nd day of AUqus t 1995 by Malcolm C. Allen and Eva M. Allen, who are personally known to me or who have produced d r i ve r s' 1 ice n s e ' s as identification. 1" P/J OFFICIAL NOTAIIY HAL O'~ <9(/ CAIIOL L SMITH ~ ~ ("I COIIIIISSION NUMB!R 1J, ~ CC170186 y? '. ~ IIY COIIMIS81011 UP. '" OF f'-O DEC. 25 1995 -"" NotaryPub' CAROL L. SMITH My Commission No. is: My Commission Expires: o 1.0 o U1 U1 \D ' UI :x- c: '" N \.C .." ::lI: ~ .r:- C) ::tI - Q 0"'\ 1.0 .." G") N N U) -.I