HomeMy WebLinkAboutR-89-11RESOLUTION NO. R-89-11
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, PERTAINING TO UTILITY EASEMENTS;
GRANTING AN EASEMENT TO THE SOUTHERN BELL TELEPHONE &
TELEGRAPH COMPANY FOR THE INSTALLATION OF TELEPHONE
EQUIPMENT ON A PARCEL OF LAND LOCATED AT THE SOUTHEAST
CORNER OF THE BARBER STREET SPORTS COMPLEX, LYING IN
SEBASTIAN HIGHLANDS UNIT 10; DIRECTING THAT THE MAYOR
SHALL EXECUTE SAID LEASE; PROVIDING THAT THE GRANTEE
SHALL RECORD THE EASEMENT AND FURNISH A COPY OF THE
RECORDED INSTRUMENT TO THE CITY CLERK; PROVIDING FOR
REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN
CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the Municipal Home Rule Powers Act and the Charter
of the City of Sebastian grant the City Council the authority to
lease public lands for a public purpose; and
WHEREAS, the City owns property, commonly known as the
Barber Street Sports Complex, located in Sebastian Highlands Unit
10; and
WHEREAS, Ordinance No. 93 of the City of Sebastian, adopted
on May 8, 1969, granted a franchise to the Southern Bell
Telephone & Telegraph Company to use the public streets of the
City for the purpose of erecting, constructing, maintaining and
operating lines of telephone and telegraph thereon and thereunder
until May 8, 1999; and
WHEREAS, a public purpose is served by the furnishing of
telephone and telegraph services.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, that:
SECTION 1. EASEMENT DESCRIPTION. The Council of the
City of Sebastian, Indian River County, Florida, hereby grants an
easement, identified as Exhibit "1" to this Resolution and made a
part hereof, to the Southern Bell Telephone & Telegraph Company
for the installation of telephone equipment on a parcel of land,
approximately ten (10) feet wide by twenty (20) feet long,
located at the southeast corner of the Barber Street Sports
Complex, more particularly described as Tract F, Block 208,
Sebastian Highlands Unit 10, as recorded in Plat Book 6, Page
37-J, Public Records of Indian River County, Florida.
SECTION 2. EXECUTION. The Mayor of the City of
Sebastian is to execute the easement described
hereby directed
herein as agent for the Grantor.
SECTION 3. RECORDING. The Grantee shall record this
easement in the Official Records of Indian River County, Florida,
within ten (10) days after receipt
instrument, and shall provide the Grantor
recorded easement indicating the book
easement is recorded.
SECTION 4. CONFLICT. All resolutions or
resolutions in conflict herewith are hereby repealed.
SECTION 5. EFFECTIVE DATE.
effect immediately upon final passage.
The foregoing Resolution was
Councilman
Councilman
the vote was as follows:
Mayor Richard B. Votapka
Vice-Mayor Kenneth Roth
Councilman Peter Vallone
Councilman Robert McCarthy
Councilman George Metcalf
of a fully executed
with a copy of the
and page at which the
parts of
This Resolution shall take
moved for adoption by
. The motion was seconded by
and, upon being put to a vote,
The Mayor thereupon declared this Resolution duly passed and
adopted this ~n~ day of ~~ , 1989.
CITY OF SEBASTIAN, FLORIDA
Richard B. Votapka, Mayor
Attest:
O'Halloran, CMC/AAE
( SEAL )
Approved as to Form and Legal Sufficiency:
Charles Ian Nash, Esquire
City Attorney
~ IS$. C, Section 939-347-901SB
ouuu em
A ~IEA.&~TH Company
Right Of Way Easement
In consideration of the sum of money hereinafter set out and other good and valuable consideration, the adequacy and receipt of which Is
hereby acknowledged from the Southern Bell Telephone and Telegraph Company, the undersigned, owner(s) of the premises described
below, do hereby grant to the Southern Bell Telephone and Telegraph Company, its licensees, agents, successors, assigns, and allied and
associated companies, a right of way easement to construct, operate, maintain, add or remove such lines or systems of communications or
related services as the grantee may require, consisting of:
(1) Poles, guys, anchors, aerial cables and wires;
(2) Buried cables and wires, cable terminals, markers, splicing boxes and pedestals;
(3) Conduits, manholes, markers, underground cables and wires;
(4) And other amplifiers, boxes, appurtenances or devices
upon over and under a strip of land ~L feet wide across the following lands in ~D.c~a.n [~_ve.r
F'I or'i c~ generally described as follows:
County, State of
See ExD~ hit "A"
and, to the fullest extent the undersigned has the power to grant, if at all, over, along and under the roads, streets or highways adjoining or
through said property.
The following rights are also granted: to allow any other person or company to attach wires or lay cable or conduit within the right of
way for communications or electric power transmission or distribution; Ingress and egress to said premises at all times; to clear the land
andkeep It cleared of all trees, undergrOwth or other obstruct ons within the easement area; to trim and cut and keep trimmed and cut all
dead, weak, leaning or dangerous trees or limbs outs de of the easement area which might interfere with or fall upon the lines or systems
of communications or power transmission or distribution.
The receipt of _ and 1 100 Dollars ( $
undersigned.
) Is hereby acknowledged by the
To have and to hold the above granted easement unto Southern Bell Telephone and Telegraph Company, Its successors and assigns
forever.
IN WITNESS WHEREOF, the undersigned ha....
Signed, sealed and delivered
In the presence of:
Attest:
... signed on .....
,19
Mayor
Name:
L.S,
City of SebastiaD
Name of Corporation
Corporate Officer
By:
Title:
William G. Callaqher
Southern Bell Representative
Southern Bell Authority Number