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HomeMy WebLinkAboutR-96-68RESOLUTION NO. R-96-68 A RESOLUTION OF THE CITY OF SEBASTIAN, 1NDIAN RIVER COUNTY, FLORIDA, GRANTING AN EASEMENT TO DANIEL i. PREUSS, TRUSTEE, AS TO AN UNDIVIDED :}0% INTEREST, BARBARA LYNCH, AS TO AN UNDIVIDED 25% INTEREST, BARRY COLE AND CHARLOTTE COLE, HIS WIFE, AS TO AN UNDIVIDED 25% INTEREST, AND ROBERT DACOSTA AND LINDA DACOSTA, HIS WlFE, AS TO AN UNDIVIDED 20% INTEREST, AS TENANTS IN COMMON TO FACILITATE DRAINAGE WITHIN THE ADAMS STREET RIGHT-OF-WAY; AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST, 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 REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Daniel I. Preuss, Trustee, as to an undivided 30% interest, Barbara Lynch, as to an undivided 25% interest, Barry Cole and Charlotte Cole, his wife, as to an undivided 25% interest, and Robert DaCosta and Linda DaCosta, his wife, as to an undivided 20% interest, as tenants in common (the "Grantee") has requested an easement from the City of Sebastian and the First Union National Bank of Flofida (the "Grantor") to facilitate drainage within the Adams Street fight-of-way; and WHEREAS, the Grantee 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, a public purpose is served by the granting of the easement to the Grantee, 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 Schedule "A" to the grant of Easement and made part hereof, to Daniel I. Preuss, Trustee, as to an undivided 30% interest, Barbara Lynch, as to an undivided 25% interest, Barry Cole and Charlotte Cole, his wife, as to an undivided 25% interest, and Robert DaCosta and Linda DaCosta, his wife, as to an undivided 20% interest, as tenants in common to facilitate drainage within the Adams Street fight-of-way, Section 2. EXECUTION. The Mayor of the City of Sebastian, Indian River County, Florida, is hereby authorized to sign, and the City Clerk to attest, on behalf of the City of Sebastian, the Grant of Easement described herein. Section 3. RECORDING. The Grantee shall record this easement in the Official Records of Indian River County, Florida, after receipt of a fully executed instrument, and shall provide the Grantor with a copy of the recorded easement indicating the book and page at which the easement is recorded. Section 4. hereby repealed. CONFLICT. All resolutions or parts of resolutions in conflict are Section 5. 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 be further be assumed that the City Council would have enacted the remainder of the Resolution without said invalid and unconstitutional provision, thereby causing said remainder to remain in full force and effect. Section 6. upon final passage, EFFECTIVE DATE. This Resolution shall take effect immediately The Resolution was moved for adoption by Councilmember The motion was seconded by Councilmemeber -- .'~_g~.a. ' and, upon being put to a vote, the vote was as follows: 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 __ day of ~ 1996. ATTEST: ' Kithryn~ O;Hallorafi, CMC/AAE City Clerk CITY OF SEBASIAN, FLORIDA Lou~eXR. Cartwright, Mayor (Seal) Approved as to Form and Content: Valerie Settles City Attorney '" II I 1 I I , I II 'I II 'I " 'I Ii II II I I THIS EASEMENT, made and executed this day of , 1996, by ! FIRST UNION NATIONAL BANK OF FLORIDA, formerly known as THE FIRST I BANKERS, N.A., a Florida corporation, in a corporate capacity and as TRUSTEE under the I terms of a Trust Agreement dated February 8, 1985, and CITY OF SEBASTIAN, a municipality of the State of Florida, whose post office address is c/o 500 Beachland I Boulevard, Vero Beach, Florida 32963, and 1225 Main Street, Sebastian, Florida 32958, ! respectively, as GRANTOR and DANIEL 1. PREUSS, AS TRUSTEE UNDER TRUST iAGREEMENT DATED MAY 24, 1993, as to an undivided Thirty Percent (30%) interest, I BARBARA B. LYNCH, AS TRUSTEE UNDER TRUST AGREEMENT DATED DECEMBER ! II, 1986, as to an undivided Twenty Five Percent (25%) interest, BARRY COLE and i CHARLOTTE COLE, HIS WIFE, as to an undivided Twenty Five Percent (25%) interest and I ROBERT DaCOSTA and LINDA DaCOSTA, HIS WIFE, as to an undivided Twenty Percent I (20%) interest, as tenants in common, whose post office address is collectively c/o Post Office I Box 780384, Sebastian, Florida 32978-0384, as GRANTEE: I I I WITNESSETH, that the Grantor, for and in consideration of the sum of Ten ($10.00) I Dollars and other valuable considerations, the receipt of which is hereby acknowledged, by I these presents does give, grant, release and convey unto the Grantee, its successors and assigns i a non-exclusive drainage easement over, upon and across the following described real II property located and situate in Indian River County, Florida, to the extent that the Grantor has an interest therein: I , Record and return to preparer of instrument: Recording: Deed Stamps: Total: EASEMENT Christopher H. Marine, Esq. 979 Beachland Boulevard Vero Beach, FL 32963 I ,I 'I , i The purpose of this conveyance is to permit Grantee rights of drainage within an . existing ditch located in the easement area described above. Grantee shall not alter or extend the existing drainage ditch or pattern. The Grantee shall indemnify and save the Grantor harmless from and against any and all damage, injuries, losses, claims, demands or costs proximately caused by the fault, culpability, or negligence of the Grantee in the connection with the exercise of rights conferred herein. . See Schedule "A" attached hereto, by reference incorporated herein. The easements hereby created shall be binding upon the Grantor and the Grantor's successors in title to all of the above described real property and shall inure to the benefit of the said Grantee and its successors in title to the following described real property located and , situate in Indian River County, Florida: Parcell: Lot 5, Block 2, W.A. Mal1ins Subdivision, less the Easterly 26.74 feet thereof, according to the Plat thereof as recorded in Plat Book 3, Page 12, ofthe public records ofSt. Lucie County, Florida, said land now lying and being in Indian River County, Florida. ALSO INCLUDING 'i Parcel 2: a portion of Government Lot 6, Section 6, Township 31 South, Range 39 East, lying between the Florida East Coast Railroad right of way and U.S. Highway No. I right of way being more particularly described as follows: Commence at the intersection of the South side of Adams Street and the East side of the Florida East Coast Railroad right of way which is 13.03 feet South and 108.46 feet East of the Southwest corner of Government Lot 5, Section 6, Township 31 South, Range 39 East; mn S23°27'12'' E along the East fight of way line of said Florida East Coast Railroad, 116.20 feet to the point of beginning, thence continue $23°27'12" E along said right of way line 142.00 feet to the North line of W.A. Martins Subdivision, as recorded in Plat Book 3, Page 12, of the public records of St. Lucie County, Florida; thence N88°05'09'' E along the North line of said W.A. Martins Subdivision, 248.78 feet to the Westerly right of way line of present day U.S. Highway No. 1, 100 foot right of way; thence N20°00'00'' W along the said Westerly right of way line, 227.66 feet; thence S67°58'09'' W, 245.20 feet to the point of beginning. Said parcel now lying and being in Indian River County, Florida. SUBJECT TO, and the Grantor hereby reserves all rights of drainage and passage over, upon and across the easement parcel herein described, for the Grantor, and the Grantor's l successors, assigns, lessees, licensees and invitees. The Grantee is specifically conferred the power and authority either to protect, conserve and to sell, or to lease, or to encumber, or otherwise to manage and dispose of the real property described above, and all other powers and authority granted under Chapter 689.071, Florida Statutes. The City of Sebastian joins in this grant of easement as Grantor for the sole purpose of granting drainage rights in favor of Grantee over that portion of the existing ditch located within the "Adams Street" right-of-way. The City of Sebastian makes no covenants or warranty of title. I This Easement and all rights conferred herein shall terminate and immediately become . of no further force or effect in the event: (a.) (b.) Grantee develops the benefitted parcel referred to above in a manner requiring site plan approval fi.om the City of Sebastian, Florida and installation and placement of new drainage facilities currently required by land development ordinances; or Grantor develops Grantor's adjacent property in a manner requiring site plan approval from the City of Sebastian, Florida and installation and placement of new drainage facilities currently required by land development ordinances. Grantee agrees to execute and deliver a quit-claim deed, or other release instrument reqmred by Grantor, In recordable form, upon termination of this easement as provided above. day and year first above written. IN WITNESS WHEREOF, the said Grantor has signed and sealed these presents the Signed, sealed and delivered in our presence: Printed Name: Printed Name FIRST UNION NATIONAL BANK OF FLORIDA, formerly known as THE FIRST,.I~ANKERS, N.A., a Florida corporation, in a corporate capacity and as TRUSTEE under the terms of a Trust Agreement dated February 8, 1985 By: Vice President (Corporate Seal) Louise R. Cartwright Printed Name: Mayor KathrynM. O'}~lloran Printed Name: City Clerk STATE OF FLORIDA COUNTY OF INDIAN RIVER CITY OF SEBASTIAN, a municipality of the State of Florida - Mayor (Corporate Seal) City Clerl~ I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State and County aforesaid to take acknowledgments, personally appeared ., well known to me to be the Vice President of the corporation named in the foregoing instrument and that he severally acknowledged executing the same in the presence of two subscribing witnesses freely and voluntarily under authority duly vested in him by said corporation and that the seal affixed thereto is the true corporate seal of said corporation and who did take an oath. WITNESS my hand and official seal in the County and State last aforesaid this day of , A.D. 1996. Notary Public Printed Name: Commission No.: My Commission Expires: (Notary Seal) STATE OF FLORIDA COUNTY OF INDIAN RIVER I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the tgrate a,~d County aforesaid to take acknowledgments, personally appeared Od.t'o.e /(.~t.~/'t.~, well known to me to be the Mayor of the municipality of the State of Florida named inC(l~ foregoing instrument and that he severally acknowledged executing the same in the presence of two subscribing witnesses freely and voluntarily under authority duly vested in him by sai'd municipality and that the seal affixed thereto is the true corporate seal of said municipality and who did take an oath. gr~JTNESS my hand and official seal in the County and State last aforesaid this day of,..~ff~k,-.]...__, A.D. 1996. Notary P~hli~ r'-~' ~r' Printed Name: Commission No.: My Commission Expires: (Notary Seal); SCHEDULE "A" DESCRIPTION WIDE DRAINA GE MAINTENANCE EASEMENT AN · O0 FOOT P/IDE PORTION OF LAND LYING IN GOVERNME~VT LOTS $ & 6, SECTION 6, TOWNSHIP 31 SOUTH, RANGE 39 EAST, INDIAN RIVER COUiVIT~ FLORIDA, LOCATED BETWIfEN THE FLORIDA EAST COAST RAILROAD RI(~HT OF WAYAND ff. S. HIGHWAY No. 1 RIGHT OF I~VAIr BEING MORE PARTICULARLY DESCRIBED A~ FOLLOWS: COMMENCING AT THE I~VITft~ECTION OF THE SOUTH SIDE OF ADAMS STREET AND TIlE EAST SIDE OF THE FLORIDA EAST COMbaT RAILROAD RIGHT OF WAY tVIIYCIi ESI 1J.O$ FEET SOUTtf AND 10g.45 FEET ~T OF ~E SOUREST CO~ER OF ~~~ LOT 5, ~E~ON 6, ~W~P 31 SOU~ ~NGEJ9 E~. RUN S 23'2~ 12n E ALONG ~E ~T ~~ OF WAY ~ OF ~D ~O~DA ~T COAST ~LROAD, 11~20 FEET~ ~ NOR~ST CO~R OF PARCEL ~ 2; ~ENCE N 67'53' 09" E ALONG ~E NOR~ ~ OF P~CEL ~ ~. 110.45 FEET TO ~ ~I~ OF BEGIN~NG OF~E ~ FOOT ~DE D~NAGE ~L~t~iY~VCE ~EME~L~NG 4 FOOT ~CH SIDE OF ~E FO~O~NGDESCRIBED MNE; RUN N 15'11' $0" ~ I6.83 FEE~' ~ENCE N 16'46' 23" ~ 6Z35 FEE~ ~ENCE N 1J'J1' 39" ~ 6L~9 FEE~' ~ENCE N 12'08' $9" ~ 99. S$ FEE~' ~NCE S g6'$~ 06" E 49.~j FEEZ' ~NCE S 82~56' ~" E, 30.96 FEE~ ~ENCE S~ 60'26' 01"E, 12.76 FEE~' ~NCE N 70'00' 00" E, 9.77FEET MO~ OR LESS TO ~E POb~ OF ~~S A T ~E WEST ~G~ OF WAY ~NE OF U.S. HIG~4Y No. 1. PREPARED BY MOOD Y & BRYANT LAND SURVEYING, IIVC..