Loading...
HomeMy WebLinkAboutR-92-48RESOLUTION NO.~ R-92-48 A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, APPROVING THE CONVEYANCE OF A PARCEL OF UNIMPROVED REAL PROPERTY TO HAZEL T. STEVENSON IN EXCHANGE FOR A PERPETUAL EASEMENT FOR A PORTION THEREOF AND A PERPETUAL EASEMENT FOR THE SOUTH FIVE FEET OF ANOTHER TRACT OF REAL PROPERTY~ AUTHORIZING THE MAYORAND THE CITY CLERK TO SIGN, ON BEHALF OF THE CITY, A SPECIAL WARRANTY DEED TO IMPLEMENT THE CONVEYANCE OF THE PARCEL OF UNIMPROVED REAL PROPERTY TO HAZEL T. STEVENSON IN A FORM IDENTICAL TO THE SPECIAL WARRANTY DEED ATTACHED HERETO AS EXHIBIT ttA~ PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH~ PROVIDING FOR SEVERABILITY~ AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Hazel T. Stevenson and her late husband previously donated a tract of land to the city of Sebastian, Indian River County, Florida (the "City"), which mistakenly included a parcel located east of Indian River Drive; and WHEREAS, Hazel T. Stevenson has offered to grant the City a perpetual easement for a portion of the parcel which she desires the City to reconvey to her and a perpetual easement for the south five feet of another tract of real property owned by her; and WHEREAS, the City Council has determined that accepting the exchange offer proposed by Hazel T. Stevenson is in the best interest of the residents of the city of Sebastian and that the exchange would serve a valid municipal purpose. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, that: Section 1. AGREEMENT. The exchange offer proposed by Hazel T. Stevenson as set forth in Agenda Item No. 92.217 discussed at the City Council meeting held on August 12, 1992, is hereby approved. Section 2. EXECUTION OF DEED. 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, a Special Warranty Deed in the form attached hereto as Exhibit "A" and by this reference incorporated herein. Section 3. CONFLICT. Ail resolutions or resolutions in conflict herewith are hereby repealed. parts of Section 4. SEVER~BILITY. 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 5. EFFECTIVE DATE. This Resolution shall take effect immediately upon its adoption. 2 The foregoing Resolution was moved for adoption by Council Member ~.~~ The motion was seconded by Council Member /~ and, upon being put to a vote, the vote was as follows: Mayor Lonnie R. Powell Vice-Mayor Frank Oberbeck Council Member Carolyn Corum Council Member Peter R. Holyk Council Member George G. Reid The Mayor thereupon declared this Resolution duly passed and adopted on this c~ day of' .J , 1992. ,' ATTEST: ~J~ie ~. 'P~e~aY°r Ka~firyn~. o"Hall~oran, CMC/AAE city Cl~-rk . (Seal) ~pproved aS/to ~Form and Content: Charles Ian Nash, City Attorney RECORD VERiFiED JEFFREY K. BARTON CLERK ciRcUIT cOUR! INDIAN RIVER CO.. FLg, DEED OF EASEMENT I',IOTE * J,E~J:J~E¥ j(, B/~IT'I'ON, CII::~K KNOW ALL MEN BY THESE PRESENTS THAT Hazel T. Stevenson (hereinafter referred to as "Grantor") hereby grants to the City of Sebastian, a municipal corporation (hereinafter referred to as "Grantee"), a perpetual easement for ingress and egress to install a new seawall or repair the existing bulkhead located on the adjacent lot owned by the City of Sebastian which seawall or bulkhead or any part thereof shall be permitted to be located within the South two (2) foot of the easement area. Said easement is for the use and benefit of the City of Sebastian and the public. The easement is described as follows: The South 5' of a parcel of submerged laud in the Indian River in Section 6, Township 31 South, Range 39 East, Indian River County, Florida, more particularly described as follows: From the Southwest corner of the Southwest one-quarter of the Southeast one-quarter of said Section 6, run East along the Section line a distance of 1377.44 feet to the centerline of U.S. Highway No. 1, thence run Northerly along said centerline a distance of 1286.30 feet to the South right of way of Cleveland Street, as shown on the plat of Edgewater Park Subdivision, as in Plat Book 1, Page 23, Indian River County, Florida records; thence run along the South right of way of Cleveland Street and the projection of same a distance of 795.84 feet to the West shore of the Indian River and the Point of Beginning; thence meandering said West shore in a Northerly direction a distance of 40.48 feet to the North line of Block 1, Edgewater Park Subdivision, thence run N 70 45' E a distance of 190.00 feet to the Bulkhead Line as established; thence run S 20 45' E a distance of 40.50 feet to the Sebastian Yacht Club; thence run S 70 45' W along the North line of the Sebastian Yacht Club a distance of 190.00 feet to the Point of Beginning. Containing 0.17 acres, more or less. Together will all the tenements, heredltaments appurtenances thereto belonging or in anywise appertaining. and TO HAVE AND TO HOLD in perpetuity. AND the Grantor hereby covenants with said Grantee that the Grantor is lawfully seized of said land in fee simple; and that the Grantor has due right and lawful authority to convey this Easement thereupon; and the Grantor hereby fully warrants the title to said land and this Easement and will defend the same against the lawful claims of all persons whomsoever; and that said land is free and clear of all encumbrances, except taxes accruing subsequent to December 31, 1991. IN WITNESS Wi~EREOF, the said Grantor has signed and sealed these presents this ,J~ day of v ~C,.~O~-' , 1992. SIGNED, SEALED AND DELIVERED IN THE PRESENCE OF: ~inted Na~e~ ~"(.'~]lOJ(_;;/O¢~_. HAZEL T. STEVENSON P.O. Box 6008 Fernandina Beach, FL 32034 CITY OF SEBAST,I~N P.O. BOX 780127 1223 MAIN STREET SEBASTIAN. FLORIDA 32978-0127 STATE OF FLQRIDA COUNTY OF t/ T~ee,~o~going instrument was ackno~ledded_.be£~r_e.~ me da~f ~, 1992, by HAZEL T. STE~NSON,(who is pers~ai~ known'~ ~m~' or who have produced identification and who did not take an oath. ', ~ "~ ~' 199~ day of ~'-" C (_' Of~x~r , . NOTARY PUBLIC State of Florida at Large My Cotillion Expir~:~f} ACCEPTED by the City of Sebastian, Florida. ATTE S T '1~~ v}/] ~ '~ ~("~ -~~~< THIS INSTRUMENT PREPARED BY: STEVEN LULICH, P.A. P.O. BOX 781390 Sebastian, FL 32978-1390 (407) 589-5500 ~0 RECORD VERIFIED JEFFREY I',. BARTON CLERK CiRCUiT couRT INr31AN RIVER CO., FL,a SPECIAL WARRANTY DEED MADE this day of , A.D., 1992. BETWEEN CITY OF SEBASTIAN of P.O. BOX 780127, Sebastian, the County of Indian River, in the State of Florida, the Grantor, and HAZEL T. STEVENSON, P.O. Box 6008, of the County of Nassau, in the State of Florida, the Grantee, BY THIS SPECIAL WARRANTY DEED, the Grantor, in consideration of Ten Dollars ($10.00) paid by Grantee, conveys to Grantee, his heirs and assigns in fee simple, absolute forever, the following described real property in Indian River County, Florida, to wit: A parcel of land lying in Section 6, Township 31 South, Range 39 East, Indian River County, Florida, more particularly described as follows: From the Southwest corner of the Southwest one-quarter of the Southeast one-quarter of said Section 6, run East along the Section llne a distance of 1377.44 feet to the centerline of U.S. Highway 1, thence run Northerly along said centerline a distance of 1286.30 feet to the South right of way of Cleveland Street, as shown on the plat of Edgewater Park Subdivision, as in Plat Book 1, Page 23, Indian River County, Florida records; thence run along the South right of way of Cleveland Street and the projection of same a distance of 795.84 feet to the West shore of the Indian River and the Point of Beginning; thence meandering said West shore in a Northerly direction a distance of 40.48 feet to the North line of Block 1, Edgewater Park Subdivision, thence run S 70 degrees 45 minutes W to the Easterly right of way of Indian River Drive; thence run S 25 degrees 10 minutes 38 seconds E along said Easterly right of way of Indian River Drive to the South right of way of Cleveland Street a distance of 40.48 feet; thence run N 70 degrees 45 minutes E to the Point of Beginning. SUBJECT TO a perpetual easement of the South 5' of the above- described property. Said easement for ingress and egress to install a new seawall or repair the existing bulkhead located on the adjacent lot owned by the City of Sebastian which seawall or bulkhead or any part thereof shall be permitted to be located within the South two (2) foot of the easement area. Said easement is for the use and benefit of the City of Sebastian and the public. Grantor covenants with Grantee that Grantor is lawfully seized of the property in fee simple; that Grantor has good right and lawful authority to sell and convey the property; that Grantor warrants the title to the property for any acts of Grantor and will defend it against the lawful claims of all persons claiming by, through or under Grantor. IN WITNESS WHEREOF, the said party of the first part, LONNIE POWELL, Mayor of the CITY OF SEBASTIAN, hereunto set his hand and seal the day and year first above written. Signed, sealed and delivered in the presence of us. ~int Print( ~,','~' _....i ..~-CI"~Y ~LERK "2"~:"' :? ',,.,- :. "... .. ~;.~ · ,, ,,, .~ ?' c_.rl STATE OF FLORIDA COUNTY OF iNDIAN RIVER The foreaolng instrument was acknowledged before me this ~ day of ~z~,~/ , 1992, by LONNIE POWELL, Mayor of the City of Sebastian and attested by the City Clerk,~ C7 '/~/~A~o/f/Y~ They are personally known to me or they have ~- ............................. ~ .... 1'- '; produced as ~ent~f~cat~on and did take an oath. NOTARY PUBLIC .,.-, ~'~ ,..~, .... · ~:.. , .~,,:., , THIS INSTRUMENT PREPARED BY: STEVEN LULICH, Esquire P.O. Box 781390 Sebastian, FL 32978-1390 (305) 589-5500 -2- CD C~ r.j-i --_.!