Loading...
HomeMy WebLinkAboutR-98-20RESOLUTION NO. R-98-20 A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, VACATING, ABOLISHING, ABANDONING AND DISCONTINUING THE PUBLIC UTILITY AND DRAINAGE EASEMENT ON THE SOUTH THREE (3) FEET OF THE NORTH TEN (10) FOOT PUBLIC UTILITY AND DRAINAGE EASEMENT OF LOT 5, BLOCK 104, REPLAT OF PORTIONS OF SEBASTIAN HIGHLANDS UNIT 2, ACCORDING TO THE PLAT .THEREOF, AS RECORDED IN PLAT BOOK 6, PAGES 87 THROUGH 87B OF THE PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING FOR RECORDING; AND PROVIDING AN EFFECTIVE DATE. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, that: SECTION 1. VACATION OF EASEMENT. The City. of Sebastian, Indian River County., Florida, does herewith vacate, abolish, abandon and discontinue all that portion of land previously dedicated for public utility, and drainage easement and described as follows: The south three (3) feet of the north ten (10) foot public utility and drainage easemem of Lot 5, Block 104, Replat of portions of Sebastian Highlands Unit 2. SECTION 2. REPEAL. All resolutions or parts of resolutions in conflict herewith are hereby repealed. SECTION 3. RECORDING. This resolution shall be recorded m the public records of Indian River County, Florida. SECTION 4. EFFECTIVE DATE. This resolution shall be effective on the date of closing of the sale of the three feet adjacem to the rear property line of said Lot 5. //f ..~~/ The foregoing Resolution was move$i/~r agtol~tion bg~ C/ouncilmembe./[~{/l~/'3'[~a'v/f~ff}ote. The motion was seconded by Councilmembd&.~.~ ,c~/~£~ (/_ an/dc/upo~being-Pu~ the vote was as follows: ~] ' Mayor Ruth Sullivan Vice-Mayor Martha S. Wininger Councilmember Louise R. Cam~ght Councilmember Chuck Neuberger Councilmember Lany Paul tl~.~dayfOregg~esol,ut~n was duly passed adopted by the City Council of Sebastian, Florida. and ~./~/ ,1998. CITY OF SEBASTIAN, FLORIDA Ruth Sullivan, Mayor ATTEST: ~t~y. ~. ~io~ah, ~¢/A.~ - City Clerk (Seal) STATE OF FLORIDA COUNTY OF INDIAN RIVER I HEREBY CERTIFY that on this day, before me, an officer duly authorized in Indian River County, Florida, to take acknowledgments, personally appeared Ruth Sullivan and Kathryn M. O'Halloran known to me to be Mayor and City Clerk, respectively, and neither of them took an . Witness my hand and seal in Indian River County, day ., 1998. · NOTARY P 3-BL,12C, Mv Commission Expires: , Approved as to Form and Content: Valerie Settles, City. Attorney Return to ' This Instrument ',vas prepared by: City of Sebastian 1225 Main Street Sebastian, Florida 32958 Parcel ldcntil]calion No. QUITCLAIM DEED TI, is Qnitclaim Deed, executed this ~--/ktay of ,~,t:t~9(', 1998, by CITY OF SEBASTIAN, a mt, nicipality organized under the laws of the State of Florida, whose address is 1225 Main Street, Sebastian, Florida 32958, grantor and William Ingui and Mary Ingui, whose address is 626 Layport Drive, Sebastian, Florida, the grantee, Witnesseth, That the said grantor, for and in consideration of the sum ofTen Dollars ($10.00) and other good and valuable considerations to said grantor in hand paid by the said grantee, the receipt whereof is hereby acknowledged, does hereby remise, release and quitclaim unto the said grantee and grantee's heirs and assigns forever, all the right, title, interest, claim and demand which the grantor has in and to the following described land, situate, lying and being in the County of Indian River State of Florida, to-wit: See Exhibit "A" attached hereto and by this reference made a part hereof. To Have and to Hold the same together with all and singular the appurtenances thereunto belonging or in anywise appertaining, and all the estate, right, title, interest, lien, equity and claim whatsoever of the said grantor, either in law or equity, to the proper use, benefit and behoof of the grantee forever. in Witness Whereof, the said grantor has signed and sealed these presents the day and year first above written. Signed, sealed and delivered m our presence: WITNESSE~') , , Signalurc)~~/t~(. (Print Name) (Print Name) ~)'~~~~ STATE OF FLORIDA COUNTY OF INDIAN RIVER City of Sebastian, Florida Thomas W. Frame,~ity Manager ATTEST: Kathr~n O'Hailoran, City Clerk The foregoing instrument was acknowledged before me this ~ day of '~fli~z./ , 1998, by Thomas W. Frame, City Manager, of the City of Sebastian. He is personally known to nW/o~h° has produced as identification. SEAL My C~nnission Expires: My Commission Number Is: I._~,*'t~'~:'~ MY COMMISSION ~ CC 725842 I ~.-.~¢ EXPIRES: apriJ ~, ~2 A parcel of property being three (3) feet in width being more particularly described as follows: For a point of beginning, commence at the northeast corner of Lot 5, Block 104, a replat of portions of Sebastian Highlands, Unit 2, acco?ding to the plat thereof as recorded in Plat Book 6, pages 87 though 87B of the Public Records of Indian River County, Florida; thence northerly along the projected line of the east property line of said Lot 5 a distance of three (3) feet to a point, thence westerly and parallel to the north property line of said Lot 5 to a point located three (3) feet northerly of the northwest property corner as projected and extended northerly by the west property line of said Lot 5, thence southerly along said projected west lot line of said Lot 5 to the northwest corner of said Lot 5, thence easterly along the rear property line of said Lot 5 to northeast corner of said Lot 5, thence easterly along the rear property line of said Lot 5 to northeast corner of said Lot 5 being the point of beginning, containing 273.18 feet more or less, reserving a drainage and utility easement on the entire three (3) foot wide parcel for the purpose of installing and maintaining drainage and utilities. All lying with in Section 12, Township 31 South, Range 38 East, Indian River County, Florida. "EXHIBIT A" 7S' TO ~I./E LL LOT ~ BLOCK 104 SEPTIC TANK COLLIER CREEK ,, 91.06' D 5°:' DISTANCE 18.Z' PROPOSED ONE STORY RESIDENCE PROPOSED FINISHED FLOOR EtEVATION ' 52.0 s. ~ LINE 23.0' PROPOSED SEPTIC TANK b DRAIN FIELD c~ORO BEARING 5' DISTANCE N B1'26'45' ~V 7B.92' P. ' 7e.e~' u. ) ~15.00' A = D = 5° 33'01 "". O .U .L. O . 75' TO O WELL ,r'-- ~.o,_ ~ N BLOCK 104 ,r--' o o o SEPTIC TANK  UTILIIY POLE I ~ fz GUY ~,'fRF .. 88 LAYPORT DRIVE ( 70' RIGHT Of ~TAY ) O~ZT. o12'OA" A~- 302.24' ~ BEARING u /~.- -"-'-- - CHORD o^,,.~, E 304.13' P' pOINT O~: REVERSE N 720'~v ' :o' t )o4 ~o' ~.1 cLiRV A'l'd R£ ~,N LEGAL DESCRIPTION: LOT 5, BLOCK 104, REPLAT OF PORTIONS OF SEBASTIAN HIGHLANDS, UNIT 2, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 6, PAGES 87 THRU 87B OF THE PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA. SURVEYOR'S NOTES: 1. BEARINGS SHOL1/N ARE BASED ON THE CENTERLINE LINE OF LAYPORT DRIVE AS N 72°5g'11" E (CHORD BEARING) AS SHOLI/N PER PLAT. 2. NO INSTRUMENT OF RECORD REFLECTING EASEMENTS, RIGHTS OF 'L~/AY AND/OR O~NERSHIP ~ERE FURNISHED TO THIS SURVEYOR EXCEPT AS SHO~N. NO TITLE OPINION IS EXPRESSED OR IMPLIED. 3. THIS SURVEY IS NOT INTENDED TO LOCATE EXISTING UNDERGROUND FOUNDATIONS, ENCROACHMENTS OR ANY IMPROVEMENTS EXCEPT AS SHO~N. 4. THE LOT SHO~N HEREON IS LOCATED IN FLOOD ZONE "X" PER FLOOD INSURANCE RATE MAP 12061C0076 E, DATED MAY 4, 1989. 5. ELEVATIONS BASED ON ASSUMED DATUM, ELEVATION 50.00 ASSUMED ON THE CENTERLINE OF LAYPORT DRIVE. ABBREVIATIONS: P-PLAT M-MEASURED RAT~-RIGHT OF ~(/AY (~;CENTERLINE COV.-COVERED A/C-AIR CONDITION R-RADIUS A-ARC LENGTH D-DELTA (CENTRAL ANGLE) O.U.L.-OVERHEAD UTILITY LINES CONC.-CONCRETE PU~OE-PUBLIC UTILITY Ct DRAINAGE EASEMENT PLS-PROFESSlONAL LAND SURVEYOR MAP OF SURVEY CERTIFIED TO: CEMCO HOMES LEGEND: O - FOUND 1-1/2" IRON PIPE ~) - FOUND 1 · IRON REBAR · - FOUND PK NAIL Z~. FOUND NAIL PREPARED BY: CECRLE LAND SURVEYING, INC. FLORIDA LAND SURVEYING BUSINESS//66]7 1074g HIGH~/AY U.S.1, SUITE A, SEBASTIAN, FLORIDA ]2958 PHONE (561) ]§B-O520 CERTIFIED CORRECT TO TI4E BEST OF MY KNOWLEDGE AND BELIEF IN CONFORMITY \~ITH THE. MINIMUM TECHNICAL STANDARDS SEr FOP,~'H BY THE FI ORU)A BOARD OF LAND SURVEYOP.3, PURSUANT TO CHAPTER 61G17-6 FLORIDA ADMINISTRATIVE CODE, THIS SURVEY IS PREPARED AND CERTIFIED FOR THE EXCLUSIVE USE OF THE CUENT OR CLIENTS NAMED HEREON, THIS SURVEY IS NOT VALID ~ITHOUT THE SIGNATURE AND THE ORIGINAL RASIED SEAL OF A FLOi?IDA UCEI'~SE~-*SM~VEYOR AND MAPPER. ..... ,m^,.,~,,n,,r.v,, ,~ ~nn'; J (rA~[l,_-]n, J FIFII~ROOK25-46 J SHEETIOF1 J PROJECT NUMBER gT-21