HomeMy WebLinkAboutR-98-30RESOLUTIOI
A RESOLUTION OF THE CITY
COUNTY, FLORIDA, AUTHORi
CLERK TO EXECUTE A QUIT£
DOCUMENTS NECESSARY T~
CERTAIN LAND IN A PORTIO~
UNIT 16 TO ADAMS & ASSOCI
AUTHORIZING THE ACCEPTA
EXCLUSIVE DRAINAGE AND
ADAMS & ASSOCIATES DEVEL
WHEREAS, Adams & Associates r
Estates, a subdivision within the City of Seba:
WHEREAS, the City of Sebastia
Sebastian Highlands, Unit 16 for drainage pr
Plat book 8, pages 45-45J, Public Records o:
within the Collier Creek Estates Subdivision;
WHEREAS, Adams & Associates
Sebastian to transfer and convey this land
exchange for Adams & Associates Develo
Easement to the City of Sebastian; and
WHEREAS, it is appropriate for ti
Mayor and City Clerk to sign and deliver
necessary to transfer and convey said land
Associates Developers, Inc., in exchange
granting the City of Sebastian a Drainage an.
NOW, THEREFORE, BE IT RES(
THE CITY OF SEBASTIAN, INDIAN RI
SECTION 1. The above recitals are
SECTION 2. The Mayor and City
execute and seal a Quitclaim Deed, as ar
documents necessary to transfer and convey
Associates Developers, inc.;
A portion of Sebastian Highlands, Unit 16
Public Records of Indian River County, Flori
NO. R-98-30
~F SEBASTIAN, INDIAN RIVER
ZiNG THE MAYOR AND CITY
LAIM DEED AND ANY OTHER
) TRANSFER AND CONVEY
OF SEBASTIAN HIGHLANDS,
kTES DEVELOPERS INC., AND
NCE BY THE CITY OF A NON-
UTILITY EASEMENT FROM
OPERS, INC.
.evelopers, Inc., is developing Collier Creek
;tian; and
a acquired ownership of certain land in
rposes by dedication on the Plat recorded in
.-' Indian River County, Florida, which land is
and
Developers, Inc., has requested the City of
dedicated for drainage purposes to it, in
~ers, Inc., granting a Drainage and Utility
~e City Council to authorize and direct the
Quitclaim Deed and any other documents
t Sebastian Highlands, Unit 16 to Adams &
~)r Adams & Associates '.Developers, Inc.,
Utility Easement.
~LVED BY THE CITY COUNCIL OF
?ER COUNTY, FLOiRDA, THAT:
hereby ratified and confirmed.
Clerk are hereby authorized and directed to
:ached hereto as Exhibit 1, and any other
:he following described property to Adams &
as recorded in Plat book 8, pages 45-45J,
la, more particularly described as follows:
The 65 feet wide drainage right-of-way lying
Block 529 and 523 of aforesaid Sebastian Hig
And Also;
That portion of Collier Waterway lying Ea
Township 31 South, Range 39 East, Indian
518, 525, 527, 529 and Tracts D, E, F and U
All the above situate in Indian River County,
SECTION 3. The City Manager is
City of Sebastian a certain Grant of Non-[
attached hereto as exhibit 2, from Adams
following described land.
A portion of Sebastian highlands, Unit 16,
public records of Indian River County, Florid~
A 65 feet wide drainage and utility easem
aforesaid Sebastian highlands, Unit 16.
And also;
A 20 feet wide drainage and utility casein
Township 31 South, Range 39 East, lying bet
and the intersection of the West line of said
Block 518, of said Sebastian Highlands, Unit
SECTION 4. Adams & Associates
within the restrictive covenants (deed restrk
Phase III, to provide for a minimum slope J
horizontal feet for the slopes associated with
the City by Adams & Associates Developers,
SECTION 5. All Resolutions or
hereby repealed.
SECTION 6. This Resolution shall
North of Block 531 and 532, and South of
hlands, Unit 16.
st of the West section line of Section 18,
River County Florida, and West of Blocks
of aforesaid Sebastian Highlands, Unit 16.
;lorida containing 3.6 acres, more or less.
~ereby authorized to accept on behalf of the
xclusive Drainage and Utility Easement, as
& Associates Developers, Inc., over the
as recorded in Plat book 8, pages 45-45J,
more particularly described as follows:
ent lying North of Block 531 and 532 of
~nt being the West 20 feet of Section 18,
~veen the North right-of-way of Englar Drive
gection 18, with the West Lot line of Lot 5,
16.
Developers, Inc., agree to cause a provision
tions) of Collier Creek Estates, Subdivision
tot to exceed a steepness of 1 vertical to 4
the grant of a 65 foot drainage easement to
Inc.
~arts of Resolutions in conflict herewith are
take effect immediately upon its adoption.
SECTION 7.
upon final passage.
Effective Date. T
The foregoing Resolution was moved for adc
The motion was seconded by Council Memb¢
being put to a vote,
the vote was as follows:
Mayor Ruth Sullivan
Vice-Mayor Martha S. Wininger
Councilmember Louise R. Cartwright
Councilmember Larry Paul
Councilmember Chuck Neuberger
The may~.or tl~er.,eupon declared this
day of 'J&5 ,1998.
ATTEST:
Kath~ryn 1~. 0-THalio~an,' CI~i~C)AAE
City Clerk
(Seal)
Approved as to Form and Content:
~7~]~/()dY4~azsCity Attorney
~s Resolution shall take effect immediately
ption by Council Member
and upon
~solution duly passed and adopted this __
CITY OF SEBASTIAN, FLORIDA
By: ~~L~d//~v~''
Ruth Sullivan, Mayor
EXHIBIT 1
Return to:
This Instrument was prepared by:
Warren W. Dill, Esq.
Warren W. Dill, P.A.
1515 U.S. Hwy. 1, Ste. 201
Sebastian, Florida 32958
Parcel Identification No.
............................. (Space above this line for re
QI_IITCLAI'
This Quitclaim Deed, executed this ~
SEBASTIAN, a municipality organized under the la
Main Street, Sebastian, Florida 32958, grantor, and J
a Florida Corporation, whose address is P.O. Box 1(
Wltnesseth, That the said grantor, for and in
and other good and valuable considerations to said g
whereof is hereby acknowledged, does hereby remis
grantee's heirs and assigns forever, all the right, title,
in and to the following described land, situate, lying
Florida, to-wit:
See Exhibit "A" attached hereto and b
To ltave and to Hold the same together
belonging or in anywise appertaining, and all the
wbatsoever of the said grantor, either in law or ec
grantee forever.
In Witness Whereof, the said grantor has si
above written.
Signed, sealed and delivered
itl otlr presence:
WITNESSES
STATE OF FLORIDA
t..~)[.JNTY OF INDIAN RIVER
........ 7'-~l]~¢J'or~gqingfigstrument was acknowledge
by-~/~ t(-r/[.3 .._.:},~ Z~'~a ~" ..Mayor, of
or%lin h~s ~oduced ,( ..;/~
SEAL I1~.~ EXPI~ES:~..o ~ ~ I!
:ording data.) ....................................
vI DEED
!dayof x~J~--~ ,1998, by CITYOF
ws of the State ofgFlorida, whose address is 1225
~DAMS & ASSOCIATES DEVELOPERS, INC.,
47, Sebastian, Florida 32978-1047, the grantee,
consideration of the sum of Ten Dollars ($10.00)
'antor in hand paid by the said grantee, the receipt
~, release and quitclaim unto the said grantee and
interest, claim and demand which the grantor has
and being in the County of Indian River State of
this reference made a part hereof.
.th all and singular the appurtenances thereunto
state, right, title, interest, lien, equity and claim
ity, to the proper use, benefit and behoof of the
aed and sealed these presents the day and year first
City of Sebastian, Florida
/ A~EST:
~[,'t~ya fl/ O'//allo,,&, City Clerk
I betBre me thi~ay~L~/~ , 1998,
he City of Sebastja'~l~xd's pers~j~ally known to
, ~s iOe~fic~) ~
:;~otarY~b3e; - ,' ?
My Commission Expires{ /
My Commission Number'i~:
A portion of Sebastian Highlands, Unit 16, as recon
of Indian River County, Florida, more particularly C
The 65 feet wide drainage right-of-way lying North
and 523 of aforesaid Sebastian Highlands, Unit 16.
AND ALSO
That portion of Collier Waterway lying East of the V~
Range 39 East, Indian River County, Florida, and W
F and U, ofafbresaid Sebastian Highlands, Unit 16.
,i. Il the above situate in Indian River County, Florid
"Exhib:
to
Quitclaim Deed frorr
to Adams & Associat~
ed in Plat Book 8, pages 45 ~ 45J, Public Records
escribed as follows:
of Blocks 531 and 532, and South of Blocks 529
est section line of Section 18, Township 31 South,
:st of Blocks 518, 525, 527, 529, and Tracts D, E,
and containing 3.6 acres, more or less.
City of Sebastian
:s Developers, Inc.
EXHIBIT 2
This Instrument Prepared by:
and to be. Returncd To;
Warren W. DilL, Esq.
Warren W. Dill, P.A.
1515 U.S. Hwy. 1, Sic.
Sebastian, Florida 32958
GRANT OF NON-EXCLUSIVE DRA1
This casement made and executed on the
Adams & Associates Developers, Inc., a Florida-
Sebastian, Florida 32958, Grantor, to City of Sel
Florida of Indian River County, whose address
Grantee.
NOW THEREFORE, in consideration of~
and valuable consideration, the receipt of whict
conveys unto Grantee, its successors or assigns,
easement to lay out, construct, inspect, operate, m
utilities, together with the right to excavate and ~
facilities and utilities, and the further right to
obstructions interfering with the location, construct
utilities, all over, under, across and through the fo
See Exhibit "A" attached
reference made a part herec
The term "Grantee" as used herein, means
l'f any provisions of this Easement or the
is found to be invalid, the remainder &this Ease
persons or circumstances other than those as to w
invalid shall not be affected.
IN WITNESSETH WHEREOF, the Grantc
Utility Easement on the day and year first written
Signed, sealed and delivered
in our presence:
WIfNESS~ES: , / ,
(si~f&~ cz/, ' . .,'v
j~gnaturo)
(Print)
B
STATE OF FLORIDA
COUNTY OF INDIAN RIVER
The foregoing instrument was acknowledg
hy Harold D. Adams, as President of Adams & As
on behalf of the corporation. He is personally kn¢
as identification.
N'o~(
"SEAL"
M
My (
NAGE AND UTILITY EASEMENT
~dayof ;(f)v~ , 1998, by
Corporation, whose ~dress~if P.O. Box 1047,
,astian, a municipal corporation of the State of
1225 Main Street, Sebastian, Florida 32958,
sum ofTen Dollars ($10.00), and other good
is hereby acknowledged, Grantor grants and
a perpetual non-exclusive drainage and utility
fintain, repair m~d install drainage facilities and
efill trenches for the location of said drainage
remove trees, buses, undergrowth and other
on and maintenance of the drainage facilities mid
lowing described land:
:reto and by this
f.
Grantee and Grantee's successor and assigns.
plication thereof to any person or circumstances
ment and the application of such provisions to
~ich the provision or application is found to be
r has executed this Non-Exclusive Drainage and
~bove.
GRANTOR:
Adams Cssoci~e~elopers, Inc.,
(~oid
D. ]~f~ams, President
before me thig~ day o f(fff,~ ~V , 1998,
ociates Developers, Iuc., a t~orida Coqmration,
wn to me or has produced .~ / (---'
Public
~ommission Number is:
~ommission Expires:
EASEMENT DESCRIPTION
A portion of Sebastian Highlands, Unit 16, as recor
of Indiau River County, Florida, more particularly
A 65 feet wide drainage and utility easement ly:
Sebastian Highlands, Unit 16.
AND ALSO
A 20 feet wide drainage and utility easement beir
South, Range 39 East, lying between the North rig]
of the West line of said Section 18, with the West
Highlands, Uuit 16.
Exhibit
to
Grant of Non-Exclusive Drai:
from Adams & Associ~
to City of S
led in Plat Book 8, pages 45-45J, Public Records
described as follows:
ng North of Blocks 531 and 532 of aforesaid
g the West 20 feet of Section 18, Township 31
it-of-way of Englar Avenue and the intersection
Lot line of Lot 5, Block 518, of said Sebastian
rage and Utility Easement
tes Developers, Inc.
:bastian