HomeMy WebLinkAboutR-97-34RESOLUTION NO. R-97-34
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, APPROVING THE FINAL PLAT FOR A
PUD KNOWN AS TRACT A OF SEBASTIAN LAKES UNIT 1;
PROVH)ING FOR REPEAL OF RESOLUTIONS OR PARTS OF
RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING FOR
SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, PTC Enterprises INC., has applied for approval of a final PUD and
final plat for a shopping center known as Sebastian Lakes Unit 1, Plat 12, and
WHEREAS, the City Council of the City of Sebastian approved the final plat and
final PUD on April 23, 1997, and
and
WHEREAS, PTC Enterprises has requested minor modifications to the final plat,
WHEREAS, the final plat has not been recorded
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CiTY OF SEBASTIAN, INDiAN RIVER COUNTY, FLORIDA, that:
Section 1. FINAL PLAT APPROVAL. The final plat of Sebastian Lakes
Unit 1, Plat 12, as prepared by Parsons Surveying, INC., March 14, 1997, and approved
by the City Council on April 23, 1997 with the following changes:
The "Cross-Access Easement" off of Fellsmere Road and serving Tract 2 is
deleted.
2. The drainage easement along Laconia Street is deleted.
As described in a letter from Mr. Patrick T. Christiansen, PTC Enterprises, Inc., to Mr. Robert J.
Massarelli, City of Sebastian, dated May 17, 1997, attached hereto as exhibit A.
Section 2.
hereby repealed.
CONFLICT. All resolutions or parts of resolutions in conflict are
Section 3. 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 4. EFFECTIVE DATE.
immediately upon final passage.
This Resolution shall take effect
The Xoregoing 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:
Mayor Walter W. Barnes
Vice-Mayor Richard J. Taracka
Councilmember Loiuse R. Cartwright
Councilmember Larry Paul
Councilmember Ruth Sullivan
Th,$t Mayor thereupon declared this Resolution duly passed and adopted this ~
day of~, 1997.
... CITY OF SEBASTIAN, FLORIDA
Walter ~V. Barnes, Mayor
ATTEST:
Kmh~n ~. O'Hal~r~, CMC/~
City Clerk
(Seal)
~,~~1_~~ an~_Approved as to Fo~rm '
Valerie Settles
City Attorney
' MAY-21-gT 08:48 From:AKERMAN SENTERFITT EDISON +4078438610 ~-080 P.OZ/O5 Job-S86
EXHIBIT A
PTC ENTERPRISES, INC.
17th Floor, Citrus Center
255 south Orange Avenue
Post Office Box 231
Orlando, Florida 32802-0231
(407) 843-VB60
(407) 843-6610 (t~ie¢opy)
May 17, 1997
Mr. Robert J. Massarelli,
City Manager
CITY O~ SEBASTIAN
1225 Main Street
Sebastian, FlOrida 32958-8697
Re:
FTC Enterprises, Inc. (the "Owner',): Winn Dixie
Project, Sebastian, Indian River County, Florida
(the "Project")
Dear Bob:
In regard to the platting of the Project and our various
discussion~, i am enclo~in~ the following documents and/or have
the following comments:
1. In connection with the Plat (as submitted
by Mr. Ronald S. ~owse), I would like to make the
following changes before the Plat is finalized:
(a) The "Cross-Access Easement" off
of Fellsmere Road and serving Trac~ 2
should be deleted, we have, as you know,
provided for blanket cross-access easements
pursuant =o a recorded Declaration.
(b) In regard to the Drainage
Easement reflected along Laconia Street, i
would like that also deleted. We have
provided again pursuant to the Declaration
for a overall drainage system to serve the
entire Project.
I understand that these changes are acceptable but
you will need to obtain a Resolution from the City
Council to do thiz which will occur sometime near the
end of this month.
2. I intend to close on my permanen~
financing sometime this week and with the consent of
' ~Y-Z1-9? 0S:48
From:AKERIdAN SENTERFITT EDISON
+4078436510
7-060 P,.04/05 Job-566
i997 TC-1
5-19-97
CERTIFICATE. OF TITLW,
STAT~ OF FLORIDA
COUNTY OF INDIAN RIVEK
We, ATTORNEYS' TITLE INSIIRANCE FUND, INC., a Title
Insurance Company duly licensed in the State o£ Florida DOES
HEREWITH CERTIFY THAT we have examined the title to the heron
described property, that we find apparent record title to the
property is vested in PTC ~NT~RPRISES with the only
mortgage of record being held by UNUMLIFE INSURANCE COMPANY OF
AMERICA by mortgages at Official Recordm Book 1125, Page 1396 and
Official Records Book__, Page _ , Public Records of Indian
River County, Florida. That all taxes have been paid on said
property as required by Section 197.192, Florida Statutes, as
amended, also there are no liens or encumbrancus.
ATTORNEYS, TITLE INSUAANCE FUND, INC.
Philip W. Watson,
Authorized Agent
~: PTC~NT~-RPRIS~$. SEBASTIAN: C~RT- TITL~-~-
Date: May __, 1995
' MAY-Z1-8? 08:48 From:AKER~N SENTERFITT EDISON
+40?8436610
MORT~A~EE',S CON~ENT & APPI~OVA~,
,T-08O ~.05/05 Job-SBS
PTC- 1
5-19-97
The undersigned, UNUMLI~E INSURANCE COMPANY OPAMERICA,
doea hereby approv~ and co,sen: :o this Plat.
UNUMLIFE INSURANCE COMPANY OF
AMERICA
Date: May
, 1997 By:
Print Name:
Its:
ATTEST:
(Signature of Wicness)
~int Name:
Its: Secretary
(Signanux. uf Wi~nem~)
(Prin~ Name of W&Cness)
~rc: F~'C~R ISES. $~BASTIA~ ~M0~TGA~EE$ - ~ONS~TT-~ - ~LAT.
klAY-ZI-g? 08;48
From:AKER~N SENTERFITT EDISON
Mr. Robert J. Massarelli
May 17, 1997
Pa~e 2
+4078436610
the Permanent Lender (UNUM Life Insurance Company of
America), plat the property as soon as the City
Council has approved these two (2) changes with UNUM
'being the mortgagee that consents to the Plat.
3. I would propose to use the Certificate of
Title in the attached form. Would you please let me
know that this is acceptable.
4. With respect to the Mortgage Holder, I
propose to use a Mortgagee's Consent in the attached
form. Please let me know if this is acceptable.
Please give me a call as soon as you review these documents so
that I can have the plat put in final form. I will then have a
final form sent to you for your review and, if acceptable, will
then go ahead and obtain the Mylar for execution. Would you
please immediately let me know how many copies you need of the
plat as well as any expenses for recording. I will then have
that done and have it delivered to you. I understand that you
will immediately record the plat.
Thank you for your prompt attention to this matter.
Very truly yours,
~TCENTERPRISES, INC.
Patrick T. Christiansen,
President
PTC/kam
Enclosure
CC:
Mr. Ronald S. Howse (w/eno.)
Mr. Donald M. Huber (w/o eno.)
Barbara McKusick Liscord Esquire (w/eno.) (via
& ~elecopy) '
Mr. Jeffrey T. Rembert (w/o eno.)