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Home My WebLink AboutR-96-44RESOLUTION NO. R-96-44 A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RiVER COUNTY, FLORIDA, PERTAINING TO UTILITY EASEMENTS; GRANTING AN EASEMENT TO INDIAN RIVER COUNTY TO FACILITATE DRAINAGE IMPROVEMENTS FOR THE INTERSECTION OF CR 512 AND LOUISIANA AVENUE; AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATrEST, ON BEHALF OF THE CITY, THE GRANT OF EASEMENT; PROVIDING THAT THE GRANTEE SHALL RECORD THE EASEMENT AND FURNISH A COPY OF THE RECORDED INSTRUMENT TO THE CITY CLERK; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Indian River County (the "Grantee") has requested an easement from the City of Sebastian (the "Grantor") to facilitate drainage improvements for the intersection of CR 512 and Louisiana Avenue; and WHEREAS, the legal description for the easement to be granted to Indian River County has been reviewed and approved by the City of Sebastian Public Works Director, the City Attorney and Indian River County Surveyor, Charles Cramer; and WHEREAS, Indian River County Public Works Director, upon receipt of the executed grant of easement, will record and return a copy of the recorded easement to the City Clerk for the City of Sebastian; and WHEREAS; Indian River County, upon completion of the improvements, will require that the contractor restore the area excavated for the drainage pipes to as good or better condition than before; and WHEREAS, a public purpose is served by the granting of the easement to Indian River County. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, that: Section 1. EASEMENT DESCRIPTION. The City Council of the City of Sebastian, Indian River County, Florida, hereby grants an easement, identified as Exhibit "1" to this Resolution, further described in Exhibit "A" to thc Grant of Easement and made a part hereof, to Indian Pdver County to facilitate drainage improvements for the intersection of CR 512 and Louisiana Avenue. Section 2. EXECUTION. The Mayor of thc City of Sebastian, Indian River County, Florida, is hereby authorized to sign, and the City Clerk to attest, on behalf of thc City of Sebastian, the Grant of Easement described herein. Section 3. RECORDING. Thc Grantee shall record this easement in the Official Records of Indian River County, Florida, after receipt of a fully executed instrument, and shall provide thc Grantor with a copy of thc recorded easement indicating the book and page at which thc casement is recorded. Section 4. CONFLICT. All resolutions or parts of resolutions in conflict herewith arc hereby repealed. ~. 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 bc 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 thc City Council would have enacted thc remainder of this Resolution without said invalid and unconstitutional provision, thereby causing said remainder to remain in full force and effect. Section 6. EFFECTIVE DATE. This Resolution shall take effect immediately upon final passage. The foregoing Resolution was moved for adoption by Councilmember The motion was seconded by Councilmember and, upon being put to a vote, the vote was as follows: 2 Mayor Louise R. Cartwright Vice-Mayor Walter W. Barnes Councilmember Norma J. Damp Councilmember Raymond Halloran Councilmember Richard J. Taracka The Mayor thereupon declared this Resolution duly passed and adopted this __ ~ ,1996. CITY OF SEBASTIAN, FLORIDA day of Louise R. Cartwright, May~r~,~ ATTEST: K&fluyn lq/l.~O'Hall°ran, CMC/AAE City Clerk (Seal) Approved as to Form and Content: Valerie Settles City Attorney 3 EASEMENT This GRANT OF EASEMENT, made and executed this ,_~-/~ day of c.~/got.~ , 1996, by the CITY OF SEBASTIAN, FLORIDA, a municipal corporation existing under the laws of the State of Florida, the mailing address of which is 1225 Main Street, Sebastian, FL 32958, hereina~er called GRANTOR*, to INDIAN RIVER COUNTY, FLORIDA, a political subdivision of the State of Florida, the address of which is 1840 25th Street, Veto Beach, FL 32960, hereinafmr called GRANTEE*, *Whenever used herein the term GRANTOR and GRANTEE include all parties to this instrument and their heirs, legal representatives, successors, and assigns. WITNESSETH: That GRANTOR for and in consideration of the sum of ONE DOLLAR and other consideration, receipt of which is hereby acknowledged, does hereby grant, bargain, sell, alien, remise, release, convey, and confirm unto the GRANTEE a perpetual easement for DRAINAGE PURPOSES on, 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 it is lawfully seized of said servant land in fee simple, and that it 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 herein set its hand and seal the day and year first above written. sealed, and delivered Witne_ss/Signatutte itness Signature Printed Name CITY OF SEBASTIAN, FLORIDA By:. ~..~.:d2_~ .~ ~Z4~.r~"~/ Louise R. Cart~vright, Maydi~ ATTE S~/~'¢9/~ ~g~_~,~,_ ....... Kathry~ M. O'Halloran, CMC/AAE City Clerk EXHIBIT STATE OF FLORIDA COUNTY OF INDIAN RIVER The foregoing instrument was sworn to and subscribed before me this_5'?'2"_ day of 1996, by ,>:.?,::~'r:- /'-- (. ~.: ~..?.,~.,.(as ...'.// :.~.(k,~._- of the CITY OF SEBA-~3TiAN, FLORID& a municipal corporation ~xisting under tile laws of the State of Florida, on behalf of said corporation. She is personally known to me or produced as identification. My Commission Expires: ,'-/: >~,~' :~,/~ c ~. :-:5~../~-._, ~L,? NoOn.Public Printed Name Commission No.: