HomeMy WebLinkAboutR-90-28RESOIJ3TION NO.: R-90-28
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, AUTHORIZING THE MAYOR AND THE CITY
CLERK TO SIGN, ON BEHALF OF THE CITY, A GRANT OF
PERPETUAL EASEMENT IN FAVOR OF INDIAN RIVER COUNTY,
FLORIDA FOR UTILITIES, CONDITIONED ON THE APPROVAL OF
THE FEDERAL AVIATION ADMINISTRATION; PROVIDING FOR
REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN
CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, Indian River County, Florida, has requested that
the city grant it a perpetual easement for utilities on land
owned by the city; and
WHEREAS, the City Council of the City of Sebastian, after
reviewing the proposed Grant of Easement submitted by Indian
River County, Florida, for its approval, and after engaging in
deliberations, has determined that it would be in the best
interest of the City of Sebastian and its citizens, and in
furtherance of a valid municipal purpose, for the City of
Sebastian to grant the perpetual easement for utilities on land
owned by the City as requested by Indian River County, Florida,
subject to the approval of the Federal Aviation Administration
relative to the portion of the perpetual easement that will pass
over a portion of the Sebastian Municipal Airport.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, that:
Section 1. AGREEMENT. The Mayor and the City Clerk of
the City of Sebastian, indian River County, Florida, are hereby
authorized to sign, on behalf of the City, the proposed grant of
easement proposed by Indian River County, Florida, subject to the
approval of such grant of easement by the Federal Aviation
Administration, a copy of the proposed grant of easement having
been attached to this Resolution as Exhibit "A" and by this
reference is incorporated herein. The original grant of easement
shall be forward by the city Clerk to the County Attorney for
recording by Indian River County, Florida, after the City
receives the written approval of the grant of easement from the
Federal Aviation Administration.
Section 2. CONFLICT. Ail resolutions or parts of
resolutions in conflict herewith are hereby repealed.
Section 3. SEVERABILITY. In the event a court of
competent jurisdiction shall hold or determine that any part of
this Resolution is invalid or unconstitutional, the remainder of
the Resolution 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 provision. It shall
further be assumed that the City Council would have enacted the
remainder of this Resolution without said invalid and
unconstitutional provision, thereby causing said remainder to
remain in full force and effect.
Section 4. EFFECTIVE DATE. This Resolution shall take
effect immediately upon its adoption.
2
The foregoing Resolution
Councilman
by Councilman
was
vote, the vote was as follows:
moved for adoption by
. The motion was seconded
and, upon being put to a
Mayor W. E. Conyers
Vice-Mayor Frank Oberbeck
Councilman Robert L. McCollum
Councilman Lonnie R. Powell
Councilman Lloyd Rondeau
The Mayor thereupon declared this Resolution duly passed and
adopted this ~day of /~7~LJ~"/J , 1990.
0
ATTEST:
KathrY~/M. O'Halloran, CMC/AAE
City C]ferk
CITY OF SEBASTIAN, FLORIDA
By: .~Co ~/~
W. n or
(Seal)
App to Form and Content:
~ha-~s Ian Nash, City Attorney
3
#90-3339(A&D)/North County Sewers 7/90(Deeds7)LEGAL('Vk)T~
THIS GRANT OF EASEMENT, made and executed this
day of , A.D. 1990, by the CITY OF
~TIAN, a m~F~F~[ corporation of the State of Florida,
whose Post Office address is City Hall, Sebastian, FL 32958,
hereinafter called GRANTOR,
to
INDIAN RIVER COUNTY, a political subdivision of the State of
Florida, 1840 25th Street, Vero Beach, FL 32960, hereinafter
called GRANTEE.
(***Whenever used herein, the terms GRANTOR and GRANTEE
include all the parties to this instrument and their heirs,
legal representatives, successors, and assigns.)
WITNESSETH: That Grantor for and in consideration
of the sum of TEN DOLLARS and other valuable consideration,
receipt of which is hereby acknowledged by these presents
does grant, bargain, sell, alien, remise, release, convey,
and confirm unto the Grantee, a perpetual easement for
utilities over, across, and beneath the following described
land, situate in Indian River County, Florida, to-wit:
EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF
AND Grantor hereby covenants with said Grantee
that the Grantor is lawfully seized of said servient land in
fee simple, and that the Grantor has good right and lawful
authority to convey the easement established hereby and will
defend the same against the lawful claims of all persons
whomsoever.
IN WITNESS WHEREOF, the Grantor has hereunto set
Grantor's hand and seal the day and year first above
written.
C I TY OF SEBAST ! AN, a
municipal corporation of the
State of Florida
(SEAL)
STATE OF FLORIDA
COUNTY OF INDIAN RIVER
./ .SWORN TO aqd, subscribed be fore me by /~,~. ~~
and ,~,l~lJl~ jl,,~.~'~.~,~respectively as MAY~--~--r~I-'TY
I c oration of
CLERK-~t~Te--~T'I'~-C/~-~'LL'~ASTIAN'~municipa ~
the State of Florida, on this ~t/~_~_ day of _ ,
1990.
My Corrrnission Expires:
DESCRIPTION: A 10' WIDE EASEMENT FOR UTILITY PURPOSES
COMMENCING AT THE EAST CORNER OF'SECTION 29 OF THE FLEMING
GRANT; THENCE S45 O0'O0"W ALONG THE FLEMING GRANT LINE 760.88
FEET TO THE POINT OF BEGINNING; THENCE CONTINUE S45 O0'O0"W
ALONG SAID FLEMING GRANT LINE, lO.bO FEET; THENCE N44 41'57"W,
36.60 FEET; THENCE $45 02'38"W~. 380.52 FEET; THENCE S44
45'44"W, 591.08 FEET; THENCE S42 56'44"W, 68.27 FEET; THENCE
S48 11'39"W, 87.84 FEET; THENCE S45 04'56"W, ~554.93 FEET;
THENCE S49 18'56'W, 147.55 FEET; THENCE S45 O0'O0"E, 15.00
FEET; THENCE.S45 O0'O0"W, 35.00 FEET; THENCE N45 O0'O0"W, 27.67
FEET; THENCE N49 18'56"E,. 183.03 FEET; THENCE N45 04'56"E~
554.83 FEET; THENCE N48 11'39#E, 87.65 FEET; THENCE N42
56'44"E, 67.97 FEET; THENCE N44 45'44"E, 591,26 FEET; THENCE
N45 02'38'"E, 390.59 FEET; THENCE S44 41'57"E, 46.60 FEET TO THE
POINT OF BEGINNING. CONTAINING 0.45 ACRES MORE OR LESS. ALL
OF THE ABOVE LYING AND BEING IN INDIAN RIVER COUNTY, FLoRiDA.
TO:
3339 - A dm