HomeMy WebLinkAboutR-90-31 RESOLUTION NO. R-90-31
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; 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.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, that:
Sectionl. 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, 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 forwarded by the
City Clerk to the County Attorney for recording by Indian River
County, Florida.
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resolutions in conflict herewith are hereby repealed.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 3urisdiction 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
ramainder 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.
The foregoing Resolution was moved for adoption by
Councilman d~_~.~.~ . The motion was
seconded by Councilman ~n~, upon being
put to a vote, the vote was as follows:
Mayor W.E. Conyers
Vice Mayor Frank Oberbeck
Councilman Robert L. McCollum
Councilman Lonnie R. Powell
Councilman Lloyd Rondeau
2
The Mayor thereupon declared this Resolution duly passed and
adopted this
By:
ATTEST:
Kathry~ M.~ O'Halloran, CMC/AAE
City Clerk
CITY OF SEBASTIAN, FLORIDA
W~.E. Con~~or
(Seal)
Appr~Form~_and Content:
Charles I. Nash, City Attorney
3
,. , , P~rce #113 F. 140/North County Sewers
8 / 16/g0 (Deeds7) LEGAL(Vk)TP
EASEMENT
??.il~(~ THIS .GRANT OF EASEMENT, made and executed this
'~ day of(/~..~' , A.D. 1990, by the CITY OF
~)~TIAN, a miJni¢ipal corporation of the State of Florida,
whose Post Office address is City Hall, Sebastian, FL 32958,
hereinafter cai led GRANTOR,
to
INDIAN RIVER COUNTY, a political subdivision of the State of
Florida, 1840 25th Street, Veto 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 Granter 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 MAD~'A PART HEREOF
AND Grantor hereby covenants with said Grantee
that the Grantor is lawfully sei'zed of said servlent 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.
Grantor~s
written,
IN WITNESS WHEREOF, the Grantor has hereunto set
hand and seal the day and year first abqve
Attest:
· .;~ · , '~ .-,! / ~ ~
CiTY OF SEBASTIAN, a
municipal corporation of the
State of Flori~d~-~
(SEAL)
STATE OF FLORIDA
COUNTY OF INDIAN RIVER
; lc
~. , SWORN TO and subscribed before me by
CLERK ~T-~q~ ~]'I'~-~~STIAN, a ~unicipal corporation of
the State of Florida, on this ,~. day of /.(~.j'~ ,
1990. ' .....
My Commission Expires:
SEA #140 ~
DESCRIPTION dF THE PROPOSED 20 FOOT EASEMENT: THE WESTERLY 20 FEET OF
TRACT "B"~ANg LOT 9, BLOCK 406, SEBASTIAN HIGHLANDS UNIT #? AS RECORDED
IN PLAT BOOK 6, PAGE 6 PUBLIC RE¢OEDS OF INDIAN RIVER COUNTY, FLORIDA.
~Z
SPECIFIC PURPO~ SURVEY
NOIE', INI$ SURVEY SKETCH I$ t:~F_P~ f7~OM INFO~MA170N SU,~UED BY INOtAN RIVL~
PREPARED FOR NORYM COUNTY SE~ER ,~OUECT ACOUI$1110N
ii iiiii IIIII I ii iiI iiiiimqlll
MA $ TEL L ER,
MOL ER k REED
PROFESSIONAL LAND SURVEYORS
POST OFFICE BOX 1045
SEBASTiAN, FLORIDA 32958
PHONE 589-4810