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Home My WebLink AboutR-04-21 , ' I, Jeanette Williams, do hereby certifY that this is a true and correct copy of Resolution R-04-2I, as adopted by the Sebastian City Council on May 12th, 2004. ~ ......."""'-....~...~...\\Io..\;, . .. I hereby affix my signature this 24" day of May, 2004. ette Williams MS;.Deputy"i;ityC ;:'\..-,.... ~:. ".~ ". ,. :; CCJ " ~"'-" Q' :\ (i ~ (I .-.-..), ~ ~........C1 ~_ .:....< ..,) ..O.S ":' ~r'l'" 1..1 !., , ,- t.J'",,, .-.--.. : r.~ j~ ' .. ~ ~ ..... I" "'.'" to / ..... ,'" \y OQ 1t,j'.k 'be. 4..( .: "t' . O"Co~ " ,,6 - , 'lI" .... - 'II .1 ....... : l;tltJ~J I a ,,:~~~ A RESOLUTION OF THE CITY OF SEBASTIAN, IND:rAN~it'''~' COUNTY, FLORIDA, VACATING CERTAIN EASEMENTS OVER LOTS 13 AND 14, BLOCK 1, INDIAN RIVER HILLS SUBDIVISION; PROVIDING FOR CONFLICTS HEREWITH; PROVIDING FOR RECORDING; PROVIDING FOR EFFECTIVE DATE. Please return to: City Clerk's Office City of Sebastian 1225 Main Street Sebastian, FL 32958 RESOLUTION NO. R-04-21 WHEREAS, a building permit is sought for construction of a commercial building on Lots 3, 13 and 14, Block 1, Indian River Hills Subdivision within the City of Sebastian; and WHEREAS, the owner of the land upon which said improvements shall be built has filed a request for abandonment of the public utility and drainage easements along the side 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 southeastern most three (3) feet of Lot 13, and the northwestern most three (3) feet of Lot 14, less the western most five (5) feet thereof, all of said lots lying in Block I, Indian River Hills Subdivision, as recorded in Plat Book 4, Page 51, of the Public Records of Indian River County, Florida. all located within the City of Sebastian, Indian River County, Florida. 1.-37 THIS DOCUMENT HAS BEEN RECORDED IN THE PIaIC IIECOIlIlI OF INIlIAN RM!R COUNTY FL BK: 1731 PG:112, Page1 of 2 Hl27_1l..,17 PM, JEFFREY K URTON, 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 All resolutions or parts of resolutions in conflict herewith are hereby repealed.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 Coniglio . The motion was seconded by Councilmember Monier . and, upon being put into a vote, the vote was as follows: Mayor Nathan McCollum Vice-Mayor Joe Barczyk Councilmember Ray Coniglio Councilmember Michael Hepinstall Councilmember Lisanne Monier aye absent aye aye aye The Mayor thereupon declared this Resolution duly passed and adopted this 12th day of May ,2004, CITY OF SEBATIAN, FLORIDA BY-:;:'~; Nathan McCollum, Mayor Approved as to form and legality for reliance by the City of Sebastian only: ;L( ~rc GRANT OF EASEMENT This Grant of Easement entered into this (oft., day of {fitLY ,20 of , between Sebastian Village Resort. LLC. 1623 Indian River 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 use of the lands hereto, over the following real property situate in Indian River County, Florida: The northern most six (6) feet of Lot 13 and the southern most six (6) feet of Lot 14, Block 1, Indian River Hills Subdivision, according to the plat thereof, as recorded in Plat Book 4, Page 51 of the Public Records of Indian River County, Florida. 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. Norb of E management, Inc, Man ging Partner 1M1_ THIa DOCUMI!NT HAl _EN REC~ IN THE PIaIC ~ OF _ _COUNTY FL 8K: 173. PG:1"'7, P...1 011 _1_11_ AlII, D DOCTAX ~ SUO _FREY K URTON, CLERK OF CCMIT BEFORE ME, the undersigned authority, this day personally appeared ;JIt'Yki'f ,(rever, who first by me being sworn, says that he is the President of the Managing Partner of GRANTOR set forth above and has read the GRANT OF EASEMENT and voluntarily and with full authority entered into the same, and is ~rsonally known to me or has produced as identification this /OG-dayof ,I/fLf7' ,202i-. _ /- ~h1_,,~t!-~ Ii:iin"~ DionaCHiII Notary Public, State of Florida "W: ~,) MY COMMISSION # 00043145 EXPIRES My commission expires: ~. .. I September 7, 2005 ;.9'r.",fli ", BONDED THRU TROHAIN INSURANCE, INC d7 IN WITNESS WHEREOF, I have hereunto set my hand this If) #c day of U'LfXY , 20 ell(. ( seb~i illage Resort, LLC t4)~W,()dY.-k !{/ Witness~/fA?/?'...v W--J)/// .,/7lA~C:~' ~ State of Florida County of Indian River: RESOLUTION NO. R-04-21 A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, VACATING CERTAIN EASEMENTS OVER LOTS 13 AND 14, BLOCK 1, INDIAN RIVER HILLS SUBDIVISION; PROVIDING FOR CONFLICTS HEREWITH; PROVIDING FOR RECORDING; PROVIDING FOR EFFECTIVE DATE. WHEREAS, a building permit is sought for construction of a commercial building on Lots 3, 13 and 14, Block 1, Indian River Hills Subdivision within the City of Sebastian; and WHEREAS, the owner of the land upon which said improvements shall be built has filed a request for abandonment of the public utility and drainage easements along the side 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 southeastern most three (3) feet of Lot 13, and the northwestern most three (3) feet of Lot 14, less the western most five (5) feet thereof, all of said lots lying in Block 1, Indian River Hills Subdivision, as recorded in Plat Book 4, Page 51, 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 III 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 Coniglio . The motion was seconded by Councilmember Monier and, upon being put into a vote, the vote was as follows: Mayor Nathan McCollum Vice-Mayor Joe Barczyk Councilmember Ray Coniglio Councilmember Michael Hepinstall Councilmember Lisanne Monier aye absent aye aye aye The Mayor thereupon declared this Resolution duly passed and adopted this 12 th day of May ,2004. CITY OF SEBATIAN, FLORIDA / ~#~~:;.t/'~ /7_~ // /, ~"/p- By~</0 ,,/ v Nathan McCollum, Mayor " Vi ~CMC I1J Approved as to form and legality for reliance by the City of Sebastian only: ~L( Shv-'