HomeMy WebLinkAboutR-98-52
RESOLUTION NO. R-98-52
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, DECLARING SURPLUS AIRPORT PROPERTY;
AUTHORIZING EXECUTION OF LETTER AGREEMENT WITH AND
ACCEPTANCE OF DEED OF RELEASE FROM FEDERAL AVIATION
ADMINISTRATION; DIRECTING CITY MANAGER TO OFFER SAID PROPERTY
FOR SALE BY BID; SETTING CONDITIONS AND MINIMUM PRICE;
PROVIDING FOR EFFECTIVE DATE.
WHEREAS, the On Site Management Group has requested that the City grant a road
casement across Airport land to the Collier Club; and
WHEREAS, the Federal Aviation Administration (FAA) has requested instcad that the
property be declared surplus and sold subject to specific conditions ensuring the operational integrity
of the Airport; and
WHEREAS, the FAA has forwarded an letter Agreement and a Deed of Release for
execution by the City to accomplish this action; and
WHEREAS, City Code Sec. 2-93(b) provides for abandonment of City-owned real property.
NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
SEBASTIAN, as follows:
Section 1.
DECLARATION OF SURPLUS. TheCityCounciloftheCityofSebastian
hereby declares the following described real property located in Indian River County. Florid". to be
surplus and no longer needed for City purposes:
Commencing at the East Comer of Section 29 of the Fleming Grant, thence, S45009'04"W,
along the Fleming Grant Line for a distance of 7,304. 12 feet; Thence, N45009'04"W, for a
distance ofl,949.47 feet to a concrete monument on the East Right-of-Way ofthe Roseland
Road; thence, Nil o49'08"E, along said right-of-way line, for a distance of33.47 fcet to the
point of beginning for the herein described parcel of land; thence continue N I I "4 4'OH" E.
along said right-of-way line for a distance of 56.57 feet; thence, N78 0 27'05 "E, for a distance
of86.36 feet; thence, S45008'32"W, for a distance of 103.00 feet to the point ofbcginning.
Said parcel containing 2,442 square feet (0.06 acres) more or less.
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2. Expend, within five (5) years of the Deed of Release execution date, the sum of
$1,000 plus accumulated interest for purposes pre-approved by the FAA, It is
understood and agreed that this amount will not. be eligible as sponsor matching
funds for Federally assisted airport development.
3. Maintain accurate records of the above listed expenditures in accordance with
accepted business practices, and for three (3) years after the approved project is
completed, keep the records open for inspection by the FAA at any time,
4. Insure that they and their successors and assigns protect the rights and interests
of the public in Sebastian Municipal Airport and prevent any use of the subject
property which would constitute an airport hazard.
5. Update the Airport Layout Plan upon acceptance of the release and revise the
Exhibit "A" property map to reflect the new airport boundaries.
6. Insure that they and their successors and assigns retain, for the use and benefit of '
the public, the right of flight for the passage of aircraft in the airspace above the "
surface of the subject property, the right for existing and future aircraft to generate'
noise in that airspace, and the right to use the airspace to land on or take off from
the airport.
In consideration of these premises, the FAA agrees to release the Airport Owner from
the obligations, terms, and conditions of the existing grant agreements as of the date of
this agreement as they may relate to the subject property:
Please indicate your acceptance of these conditions by signing and completing the
bottom portion of this letter and its enclosed duplicate and returning one copy to our
office. '
In addition, please have the original and two copies of the Deed of Release (enclosed)
executed on behalf of the Airport Owner and return one copy to this office. After the
Deed of Release has been recorded, please furnish this office with a copy of the
recorded document which shows the date, book, and page number of the recordation.
Sincerely,
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Manager
3 Enclosures
Accepted f~.r irportOwner
By: ~. r- ~/A/~
Title: Ruth Sullivan. Mayor
Date: 12/2/98
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Kathryri M. o 'Halloran, CMC AAE
City Clerk
Approved as to Form and legality for
ReI" ~~ity of Sebastian Only:
Rich Stringer
City Attorney
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EXHIBIT B
DEED OF RELEASE
This instrument, a Deed of Release, made by the United States of America, Acting by
and through the Administrator of the Federal Aviation Administration, Department of
Transportation, under and pursuant to the powers and authority contained in the
provisions of Public law 81-311 (63 Stat. 700), as amended, to the City of Sebastian of
the State of Florida, a body politic, created, operating, and doing business under the
laws of the State of Florida, WITNESSETH:
WHEREAS, the United States of America, acting by and through the Administrator of
General Services under and pursuant to the powers and authority contained in the
provisions of Federal Property and Administrative Services Act of 1949, approved June
30, 1949 (63Stat. 377) and Surplus Property Act 1944 (58 Stat. 765), as amended, and
applicable rules, regulations, and orders by an instrument of transfer entitled "Quitclaim
Deed" dated January 29, 1959, did remise, release and forever quitclaim to the City of
Sebastian, it successors and assigns, all rights, title and interest in and to that certain
property located and situated in Sebastian, Florida, subject to certain terms, conditions"
reservations and restrictions, said Quitclaim Deed being recorded in the public records
of Indian River County, Florida, Deed Book No. 62, Page 255 reference being hereto
made as if fully set out herein; and
WHEREAS, the Airport Owner has requested the United .States of America to release
the hereinafter described real property from all of those terms, conditions, reservations
and restrictions of the said instrument(s) of transfer; and
WHEREAS, the Administrator of the Federal Aviation Administration is authorized to
grant releases pursuant to the powers and authority contained in Public Law 81-311
(63 Stat. 700), as amended; and
WHEREAS, by virtue of delegation of authority, the Manager, Orlando Airports District
Office, Airports Division, Southern Region, Federal Aviation Administration, under and
pursuant to the powers and authority contained in Public Law 81-311 (63 Stat. 700) is
authorized to make determinations on requests for Deed of Release and to execute
said Deeds of Release to covey, quitclaim or release any right or interest reserved to
the United States of America by an instrument of disposal; and
WHEREAS, the Manager, Orlando Airports District Office, Airports Division, Southern
Region, Federal Aviation Administration, has determined that the release of such real
property as is hereinafter described, from all of the said terms, conditions, reservations
and restrictions set forth in the above identified instrument of transfer will not prevent
accomplishment of the purpose for which the property was made subject to such terms,
conditions, reservations and restrictions and is necessary to protect or advance the
interests of the United States of America in civil aviation.
Page 2
NOW THEREFORE, for and in consideration of the above expressed recitals and of the
benefits to accrue to the United States and to civil aviation, the United States of
America, upon inclusion by the City of Sebastian in the Instrument of Transfer
conveying title to the hereinafter described real property of provisions as follows:
(1) That the City of Sebastian reserves unto itself, its successors and assigns,
for the use and benefit of the public a right of flight for the passage of aircraft in
the airspace above the surface of the real property hereinafter described,
together with the right to cause in said airspace such noise as may be inherent
in the operations of aircraft, now known or hereafter used, for navigation of or
flight in the said airspace, for use of said airspace for landing on, or taking off
from or operating on the Sebastian Municipal Airport.
(2) That the City of Sebastian expressly agrees for itself, its successors and
assigns, to restrict the height of structures, objects of natural growth and other
obstructions on the hereinafter described real property to such a height so as to
comply with Federal Aviation Regulations, Part 77.
(3) That the City of Sebastian expressly agrees for itself, its successors and
assigns, to prevent any use of the hereinafter described real property which
would interfere with the landing or takeoff of aircraft at the Sebastian Municipal
Airport or interfere with air navigation and or communication facilities serving the
Sebastian Municipal Airport, or otherwise constitute an airport hazard.
HEREBY, releases the said real property from the terms, conditions, reservations, and
restrictions as contained in the above-mentioned Instrument of Transfer from the United
States of America to the City of Sebastian dated January 29, 1959, which real property
is described as follows: '
A parcel of land in Section 29 of the Fleming Grant, Indian River County, Florida (the
Southwest corner in the City of Sebastian Municipal Golf Course which is a tenant of
the airport) more particularly described as follows:
Commencing at the East Comer of Section 29 of the Fleming Grant, thence,
S45009'04DW, along the Fleming '1rant Line for a distance of 7,304.12 feet;
Thence, N45009'04"W, for a distance of 1,949.47 feet to a concrete monument
On the East Right-of-Way Line of the Roseland Road; thence, N11049'Oa"E,
along said right-of-way line, for a distance of 33.47 feet to the point of beginning
for the herein described parcel of land; thence, continue N11049'Oa"E, along
said right-of-way one, for a distance of 56.57 feet; thence, N78027'05"E, for a
distance of 86.36 feet; thence, S45008'32DW, for a distance of 103.00 feet to the
point of beginning
Said parcel contains, 2,442 square feet (0.06 acres) and lies wholly in the Indian
River County, Florida.
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This release is for the specific purpose of permitting the City of Sebastian to sell and
convey title to the above described property for road right-of-way purposes,
By its acceptance of this Deed of Release the City of Sebastin also covenants and
agrees for itself, its successors and assigns, to comply with and observe all of the
conditions and limitations hereof, which are expressly limited to the above described
real property.
IN WITNESS WHEREOF, the United States of America has caused these presents to
be executed in its name and on its behalf by the Manager, Orlando Airports District
Office, Airports Division, Southern Region, Federal Aviation Administration, all as of the
\S1lh dayof~ J 1~~.
UNITED STATES OF AMERICA
DEPARTMENT OF TRANSPORTATION
By
Manager, Orlan Airports Dis ict Office
Airports Division, Southern egion
Federal Aviation Administration
Page 4
STATE OF FLORIDA )
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COUNTY OF ORANGE )
On this 'S~ day of ()~ ,19'19, before me a Notary Public in and for
the County of Orange, State of Florida, personally appeared W. Dean Stringer, known
to me to be the Manager, Orlando Airports District Office" Airports Division, Southern
Region, Federal Aviation Administration, and known to me to be the person whose
name is subscribed to the within instrument and acknowledge that he executed the
same on behalf of the Administrator of the Federal Aviation Administration and .the
United States of America.
ALLA LEE L. BLANEY
€)MY Comm Exp. In.7199
~ NOT.\J.Y aonded By Service Ins
lUBUC No, CC41S327
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WITNESS my hand and official seal.
Notary Pub c in and for said Count nd State
(SEAL)
My commission expires~' ..,~ a'J ) '''.'19
Accepted:
City of Sebastian
By: d~~J
Ruth Sullivan
Title: Mayor
Date: 12/2/98
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Ka thryn M 0' loran, CMC AAE
City Clerk
Approved as to Form and legality for
Relia 'ty of Sebastian only:
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IN THE RECORDS OF
DEED OF RELEASE JEFFREY K. BARTON
CLERK CIRCUIT COURT
, .. . . " , ~ I 'PI OS INDIAN RIVER CO., FLA.
This instrumerEt~ ~ ~13ed"8~ ~I~~se, made by the United States of America, Acting by
and through ,t.Qa Mnfl\str8lijr1~ ~ Federal Aviation Administration, Department of
Transportatio~ LMlderL~ncf 'fju1'~u~m to the powers and authority contained in the
provisions of Public law 81-311 (63 Stat. 700), as amended, to the City of Sebastian of
the State of Florida, a body politic, created, operating, and doing business under the
laws of the State of Florida, WITNESSETH:
WHEREAS, the United States of America, acting by and through the Administrator of
General Services under and pursuant to the powers and authority contained in the
provisions of Federal Property and Administrative Services Act of 1949, approved June
30, 1949 (63Stat. 377) and Surplus Property Act 1944 (58 Stat. 765), as amended, and
applicable rules, regulations, and orders by an instrument of transfer entitled "Quitclaim
Deed" dated January 29, 1959, did remise, release and forever quitclaim to the City of
Sebastian, it successors and assigns, all rights, title and interest in and to that certain
property located and situated in Sebastian, Florida, subject to certain terms, conditions,
reservations and restrictions, said Quitclaim Deed being recorded in the public records
of Indian River County, Florida, Deed Book No. 62, Page 255 reference being hereto
made as if fully set out herein; and
WHEREAS, the Airport Owner has requested the United States of America to release
the hereinafter described real property from all of those terms, conditions, reservations
and restrictions of the said instrument(s) of transfer; and
WHEREAS, the Administrator of the Federal Aviation Administration is authorized to
grant releases pursuant to the powers and authority contained in Public Law 81-311
(63 Stat. 700), as amended; and
WHEREAS, by virtue of delegation of authority, the Manager, Orlando Airports District
Office, Airports Division, Southern Region, Federal Aviation Administration, under and
pursuant to the powers and authority contained in Public Law 81-311 (63 Stat. 700) is
authorized to make determinations on requests for Deed of Release and to execute
said Deeds of Release to covey, quitclaim or release any right or interest reserved to
the United States of America by an instrument of disposal; and
WHEREAS, the Manager, Orlando Airports District Office, Airports Division, Southern
Region, Federal Aviation Administration, has determined that the release of such real
property as is hereinafter described, from all of the said terms, conditions, reservations
and restrictions set forth in the above identified instrument of transfer will not prevent
accomplishment of the purpose for which the property was made subject to such terms,
conditions, reservations and restrictions and is necessary to protect or advance the
interests of the United States of America in civil aviation.
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Page 2
NOW THEREFORE, for and in consideration of the above expressed recitals and of the
benefits to accrue to the United States and to civil aviation, the United States of
America, upon inclusion by the City of Sebastian in the Instrument of Transfer
conveying title to the hereinafter described real property of provisions as follows:
(1) That the City of Sebastian reserves unto itself, its successors and assigns,
for the use and benefit of the public a right of flight for the passage of aircraft in
the airspace above the surface of the real property hereinafter described,
together with the right to cause in said airspace such noise as may be inherent
in the operations of aircraft, now known or hereafter used, for navigation of or
flight in the said airspace, for use of said airspace for landing on, or taking off
from or operating on the Sebastian Municipal Airport.
(2) That the City of Sebastian expressly agrees for itself, its successors and
assigns, to restrict the height of structures, objects of natural growth and other
obstructions on the hereinafter described real property to such a height so as to
comply with Federal Aviation Regulations, Part 77.
(3) That the City of Sebastian expressly agrees for itself, its successors and
assigns, to prevent any use of the hereinafter described real property which
would interfere with the landing or takeoff of aircraft at the Sebastian Municipal
Airport or interfere with air navigation and or communication facilities serving the
Sebastian Municipal Airport, or otherwise constitute an airport hazard.
HEREBY, releases the said real property from the terms, conditions, reservations, and
restrictions as contained in the above-mentioned Instrument of Transfer from the United
States of America to the City of Sebastian dated January 29, 1959, which real property
is described as follows:
A parcel of land in Section 29 of the Fleming Grant, Indian River County, Florida (the
Southwest corner in the City of Sebastian Municipal Golf Course which is a tenant of
the airport) more particularly described as follows:
Commencing at the East Corner of Section 29 of the Fleming Grant, thence,
S45009'04"W, along the Fleming Grant Line for a distance of 7,304.12 feet;
Thence, N45009'04"W, for a distance of 1 ,949.47 feet to a concrete monument
On the East Right-of-Way Line of the Roseland Road; thence, N11049'08"E,
along said right-of-way line, for a distance of 33.47 feet to the point of beginning
for the herein described parcel of land; thence, continue N11049'08"E, along
said right-of-way one, for a distance of 56.57 feet; thence, N78027'05"E, for a
distance of 86.36 feet; thence, S45008'32"W, for a distance of 1 03.00 feet to the
point of beginning
Said parcel contains, 2,442 square feet (0.06 acres) and lies wholly in the Indian
River County, Florida.
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Page 3
This release is for the specific purpose of permitting the City of Sebastian to sell and
convey title to the above described property for road right-of-way purposes.
By its acceptance of this Deed of Release the City of Sebastin also covenants and
agrees for itself, its successors and assigns, to comply with and observe all of the
conditions and limitations hereof, which are expressly limited to the above described
real property.
IN WITNESS WHEREOF, the United States of America has caused these presents to
be executed in its name and on its behalf by the Manager, Orlando Airports District
Office, Airports Division, Southern Region, Federal Aviation Administration, all as of the
\5~ dayof~ ,1gq~.
UNITED STATES OF AMERICA
DEPARTMENT OF TRANSPORTATION
By
Manager, Orland Airports Dis ict Office
Airports Division, Southern egion
Federal Aviation Administration
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Page 4
STATE OF FLORIDA )
)ss
COUNTY OF ORANGE )
On this 'S~ day of()~ ,19~, before me a Notary Public in and for
the County of Orange, State of Florida, personally appeared W. Dean Stringer, known
to me to be the Manager, Orlando Airports District Office, Airports Division, Southern
Region, Federal Aviation Administration, and known to me to be the person whose
name is subscribed to the within instrument and acknowledge that he executed the
same on behalf of the Administrator of the Federal Aviation Administration and the
United States of America.
ALLA LEE L. BLANEV
My Corom Bxp. 1/27/99
Bonded By Service Ins
No, CC415327
'b4. p...,uJly Kaown [} 0dMr t D,
WITNESS my hand and official seal.
Notary Pub 'c in and for said Count nd State
(SEAL)
My commission eXPire~."~ a'1) \ "."Iq.
Accepted:" -'_,
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,'-"City 9fpeba~tiari:,
By: -"~~;~
Ruth SUllivan
Title: Mayor'
" '12>2198
.pate:
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ATTEST, :
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Kath M. o 'Halloran, CMC/AAE
City Clerk
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Rich S ringer
City Attorney
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Approved as to Form and legality for
Rel' ce 'ty of Sebastian only:
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