Loading...
HomeMy WebLinkAboutR-03-50 Please return this instrument to: City Clerk City of Sebastian 1225 Main Street Sebastian, FL 32958 RESOLUTION NO. R-03-50 .< t, J~anette Williams, do hereby certify that this is a true and correct copy of H October 22, 2003. . I hereby affix my signature this 31 st day of October, 2003. A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, VACATING CERTAIN EASEMENTS OVER LOTS 6 AND 7, BLOCK 31, SEBASTIAN IDGHLANDS UNIT 1; PROVIDING FOR CONFLICTS HEREWITH; PROVIDING FOR RECORDING; PROVIDING FOR EFFECTIVE DATE. WHEREAS, a title insurance policy is sought for an existing single-family residence at 526 Lake Drive within the City of Sebastian; and WHEREAS, the owners of the land upon which said residence had been previously constructed without properly abandoning the easements have filed a request for abandonment of the public utility and drainage easements along the interior lot lines of the site; and WHEREAS, the providers of telephone, electric, cable, water, and drainage utilities have all consented to abandonment thereof; NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF SEBASTIAN, as follows: Section 1. VACATION OF EASEMENT. The City Council of the City of Sebastian does hereby vacate, abolish, abandon and discontinue all of that portion of land previously dedicated for a public utility and drainage easement described as follows: The eastern five (5) feet of Lot 6 and the western five (5) feet of Lot 7, less the northernmost ten (10) feet thereof, all being in Block 31, Sebastian Highlands Unit 1, as recorded in Plat Book 5, Page 15, of the Public Records of Indian River County, Florida, all located within the City of Sebastian, Indian River County, Florida. 1488784 THIS DOCUMENT HAS BEEN RECORDED IN THE PUBlIC RECORDS OF INDIAN RIVER COUNTY FL BK: 1654 PG:2456, Page1 of 3 11/01/2003 at 01:17 AM, JEFFREY K BARTON, CLERK OF COURT Section 2. CONFLICT. All resolutions or parts of resolutions In conflict herewith are hereby repealed. Section 3. RECORDING. This resolution shall be recorded In the public records of Indian River County, Florida. Section 4. EFFECTIVE DATE. This resolution shall take effect immediately upon its adoption. The foregoing Resolution was moved for adoption by Councilmember Hill . The motion was seconded by Councilmember Barczyk and, upon being put into a vote, the vote was as follows: Mayor Walter Barnes Vice Mayor Ray Coniglio Councilmember Joe Barczyk Councilmember James A. Hill Councilmember Nathan McCollum absent aye aye aye aye The Mayor thereupon declared this Resolution duly passed and adopted this 2 2 n d day of October , 2003. CITY OF SEBASTIAN, FLORIDA , , .t':" f' By: UJ [J;.,AJ)) f"") ~;\,jvrM) Walter Barnes, Mayor TTESrFi i-f,; /. ,'j 1 /1' 1~11'Vi ' (; tY~Cj!~'rM 0, Ie I:' .'~ .... Sally A. Maio, CMC / City Clerk Approved as to form and legality for reliance by the City of Sebastian only: ICL(, S~'~ Rich Stringer, City Attb ey t GRANT OF EASEMENT This Grant of Easement entered into this 16 t h day of 0 c to b e r , 20 03, between Charles R. Mulhern. Jr. & Ellen S. Evarts. 526 Lake Drive. Sebastian, Florida (hereinafter called GRANTOR) and the City of Sebastian, Florida, 1225 Main Street, Sebastian, FL 32958 (hereinafter called GRANTEE) sets forth as follows: THAT IN AND FOR consideration of abandonment of other easements and other valuable considerations, GRANTOR hereby gives to GRANTEE an easement for drainage and utility purposes, for the exclusive use of the lands hereto, over the following real property situate in Indian River County, Florida: The easternmost ten (10) feet of Lot 7, Block 31, Sebastian Highlands Unit 1. This Grant of Easement is for the benefit of the public. This easement shall be binding on the heirs, beneficiaries and assigns of the parties and shall run with the land. ~IN WITNESS WHEREOF, I have hereunto set my hand this ~ day of ~ L- ,20~. ~ (W'\ .^~ \ ~~ b ~ .~ Witness rantor ~ d.r \'\__ ~tness 0 >L._~~~ ~~ Witness Grantor . d-~ -h. ~ss 0 State of Florida County of Indian River: r, I . les K ~hetNB~OlE ME, the undersigned authority, this day personally appeared l1Iili1 . uS 1lf~ , who first by me being sworn, says that she is the GRANTOR set forth above and has read the GRANT OF EASEMENT and voluntarily and with full authority ente.red into the same, and is personally known k me or has produced ])rr'tJf R<; A;~~n8~ as identification this ~ day of (tJrr#J IZ- , 20~. Q&~tfJ~dl~ My commission expires: /0/1:;( /01 RESOLUTION NO. R-03-50 A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, VACATING CERTAIN EASEMENTS OVER LOTS 6 AND 7, BLOCK 31, SEBASTIAN HIGHLANDS UNIT 1; PROVIDING FOR CONFLICTS HEREWITH; PROVIDING FOR RECORDING; PROVIDING FOR EFFECTIVE DATE. WHEREAS, a title insurance policy is sought for an existing single-family residence at 526 Lake Drive within the City of Sebastian; and WHEREAS, the owners of the land upon which said residence had been previously constructed without properly abandoning the easements have filed a request for abandonment of the public utility and drainage easements along the interior lot lines of the site; and WHEREAS, the providers of telephone, electric, cable, water, and drainage utilities have all consented to abandonment thereof; NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF SEBASTIAN, as follows: Section 1. VACATION OF EASEMENT. The City Council of the City of Sebastian does hereby vacate, abolish, abandon and discontinue all of that portion of land previously dedicated for a public utility and drainage easement described as follows: The eastern five (5) feet of Lot 6 and the western five (5) feet of Lot 7, less the northernmost ten (10) feet thereof, all being in Block 31, Sebastian Highlands Unit 1, as recorded in Plat Book 5, Page 15, of the Public Records of Indian River County, Florida, all located within the City of Sebastian, Indian River County, Florida. Section 2. CONFLICT. All resolutions or parts of resolutions In conflict herewith are hereby repealed. Section 3. RECORDING. This resolution shall be recorded In the public records of Indian River County, Florida. Section 4. EFFECTIVE DATE. This resolution shall take effect immediately upon its adoption. The foregoing Resolution was moved for adoption by Councilmember Hill The motion was seconded by Councilmember Barczyk and, upon being put into a vote, the vote was as follows: Mayor Walter Barnes Vice Mayor Ray Coniglio Councilmember Joe Barczyk Councilmember James A. Hill Councilmember Nathan McCollum absent aye aye aye aye The Mayor thereupon declared this Resolution duly passed and adopted this 2 2 n d day of October ,2003. CITY OF SEBASTIAN, FLORIDA By: U) o-ttk) Pc> L\"~ Walter Barnes, Mayor / UJ .l/..1J.A,mo erne 1__- ,ep tA tij' Ct fy C) UK- Sally A. Maio, CMC City Clerk Approved as to form and legality for reliance by the City of Sebastian only: '16< S~.~ Rich Stringer, City Att ey GRANT OF EASElVIENT This Grant of Easement entered into this 16th dayof October ,20 03, between Charles R. Mulhern. Jr. & Ellen S. Evarts. 526 Lake Drive, Sebastian, Florida (hereinafter called GRANTOR) and the City of Sebastian, Florida, 1225 Main Street, Sebastian, FL 32958 (hereinafter called GRANTEE) sets forth as follows: THAT IN AND FOR consideration of abandonment of other easements and other valuable considerations, GRANTOR hereby gives to GRANTEE an easement for drainage and utility purposes, for the exclusive use of the lands hereto, over the following real property situate in Indian River County, Florida: The easternmost ten (10) feet of Lot 7, Block 3l, Sebastian Highlands Unit 1. This Grant of Easement is for the benefit of the public. This easement shall be binding on the heirs, beneficiaries and aSSigns of the parties and shall run with the land. ~~~~~2~~OF' Witness ~ d-r ~_ tness ,~~,~~ Witness . rJ,'3 ~ss I have hereunto set my hand this ~ day of ~.~ ~~ Grantor State ofFlorida County ofIndian River: r. i . i >' 'R till IhetN~WOfE ME, the undersigned authority, this day personally appeared U1(l(1e.s I . WWlu 5 ~\.r~ , who first by me being sworn, says that she is the GRANTOR set forth above and has read the GRANT OF EASEMENT and voluntarily and with full authority entered into the same, and is personally known 1 me or has produced j)r.r'tH' p<; A;r:of?nfi€. as identification this Jk.- day of (Jf#J 12.- ,20c3 . ~ -g~ A.A./)./.-e -' ary Public, State 0 Flon a, I My commission expires: /0/1::2. /01 ,1111111, LAURIE L LEE ",~~"v p(Ji!.:.~ Notary Public - State of Florida .. ". ~ My Commission Expires Oct 12. 2004 ~"'. :",ff Commission # DD156576 ~a ~~ As "~;~ OF f\.~'" Bonded By National Notary sn. 'Iflll1'"