HomeMy WebLinkAboutR-95-44RESOLUTION NO. ]R-95-44
IlK ~IRCUIT COURT
~ RIVER ~0.,
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, VACATING, ABOLISHING, ABANDONING
AND DISCONTINUING A PORTION OF THE EASEMENT
LOCATED IN THE SOUTH FIVE FEET OF LOT 2, BLOCK 74,
SEBASTIAN HIGHLANDS UNIT 2, ACCORDING TO THE PLAT
THEREOF, RECORDED IN PBi 5-34, PUBLIC RECORDS OF
INDIAN RIVER COUNTY, FLORIDA; PROViDING FOR REPEAL
OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT
HEREWITH; .PROVIDING FOR RECORDING; AND PROVIDING
AN EFFECTIVE DATE.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN,
INDIAN RIVER COUNTY, FLORIDA, that:
Section 1. VACATION OF EASEMENT. The City of Sebastian, Indian River
County, Florida, does herewith vacate, abolish, abandon and discontinue all that portion of
its easement upon which the building shown on the attached survey encroaches.
The City retains all other portions of the easement.
Section 2. REPEAL.
hereby repealed.
All resolutions or parts of resolutions in conflict herewith are
Section 3, RECORDING. This resolution shall be recorded in the public records
of Indian River County, Florida.
~ EFFECTIVE DATE. This resolution shall be in full force and effect
immediately upon execution of a maintenance agreement by both owners of the property.
4_,,., The foregoing Resolution was moved for adopt[on by Councilmember
4_~ . The motion was seconded by Councilmembe~', /'~~ and, upon
being put to a vote, the vote was as follows:
Mayor Arthur L. Firtion
Vice Mayor Carolyn Corem
Councilmember Louise R. Cartwright
Councilmember Norma J. Damp
Councilmember Raymond W. Halloran
The foregoing Reso~u~on was dulywc)assed an~t adopted by the Ci,ty Council of
Sebastian, Florida, this ~/w,~3t .... day of/-~./~/Zd~t , 19~
Arthur L. Firtion, Mayor
" CMC/AAE
RIVER
· ;' 2 ,¢ ~ I HE~ CERTIFY that on this day, before me, an officer duly authorized in indian River
· County; FlOrida, to take acknowledgments, personally appeared Arthur L. Firtion and Kathryn M.
O'l-Ialloran known to me to be Mayor and City Clerk·respectively, and neither of them took an oath.
WlTNESS my hand and seal in India~ ~ u~~F/~a~ff~flay of~.~4 , 1995.
.................. "-----~ LJndaM. Ga~y' d
il ,,:~,_.,~,, LINOA M. C~.LLEY
~1~'~.~] ee~Es: Ju~e re. ~a I| STATE OF :FLORIDA AT LARGE
/
Approved as to Form and Content:
Clit~on A. McClelland, Jr., City Attorney
2
r
Prepared by: Timothy M. Williams, Esquire
POTTER, MCCLELLAND, MARKS & HEALY. P.A.
700 S. Babcock Street, Suite 400
Melbourne, Florida 32902-2523
Return to:
City of Sebastian
1225 Main Street
Sebastian. Florida 32958
MAINTENANCE AGREEMENT
In consideration of the agreement of the City of Sebastian, Florida, in Resolution Number
R-95-44 to vacate a portion of an easement on the property described as:
Lot 2, Block 74, Sebastian Highlands Unit 2, as recorded in Plat Book 5, Page 34
of the Public Records of Indian River County, Florida.
The undersigned owners of said property agree that they and their successors in title shall be
responsible for maintaining the remaining portion of the aforesaid easement in such a manner as to
ensure proper drainage across said easement, including the construction of any improvements
determined by the City to be necessary to ensure such drainage.
This agreement shall run with the land and shall be binding on the undersigned heirs,
successors, and assigns.
In witness whereof, the undersigned have set their hands and seals this /~Z~ day of
August, 1995. t ,
I lcf LT i-Iu rt
STATE OF O ~t'co )
) ss
COUNTY OF ~.a ~/q/-/DC-Td )
· The foregoing_instrument wasaeknowledged..bef~ore~m3Lby Donald L. Hu~Jert who (~) is
IKiV'b KD
personally known to me or ( ~who has produced ~d~l C~ MG ~ as identification and
who (L_~did/(~) did not take an oath.
WITNESS my hand and official seal this ,/l~q~day of August, 1995.
BETH A, FADEL
No~lry Public, State ~f Ohio, Cuy.
My Commission Expires Mir. 10, 1999
Printed Name: - -
Commission Number: / ..;. ./;"
My Commission Expires::
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