HomeMy WebLinkAboutR-07-04 Vacating EasementI, Jeanette Williams, do hereby certify that this is a true and correct copy of Resolution No. R-07-04, as adopted by the
Sebastian City Council on February 14~', 2007. ^ .
I hereby affix my signature this 23`~ day of February, 2007
Please return to:
City Clerk's Office
City of Sebastian
1225 Main Street
Sebastian, FL 32958
1823874
THIS DOCUMENT HAS BEEN RECORDED
IN THE PUBLIC RECORDS OF
INDIAN RIVER COUNTY F e1 Of 2
BK: 2138 PG:7, Pag
0212712007 at 01:56 PM,
JEFFREY K BARYON, CLERK OF
COURT
RESOLUTION NO. R-07-04
c~
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, VACATING CERTAIN EASEMENTS OVER LOTS
40 AND 41, BLOCK 65, SEBASTIAN HIGHLANDS UNIT 2; PROVIDING
FOR CONFLICTS HEREWITH; PROVIDING FOR RECORDING;
PROVIDING FOR EFFECTIVE DATE.
WHEREAS, a building permit is sought for construction of a building addition at 258
Main Street within the City of Sebastian; and
WHEREAS, the owners of the land upon which. said improvements shall be built 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 northeasterly five (5) feet of Lot 40 and the southwesterly five (5) feet of Lot
41, less the northwestern most ten (10) feet thereof, all being in Block 65,
Sebastian Highlands Unit 2, as recorded in Plat Book 5, Pages 34-37 of the Public
Records of Indian River County, Florida,
all located within the City of Sebastian, Indian River County, Florida.
r ~
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herewith are hereby repealed.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
Coy
aye
Paternoster
aye
aye
Councilmember Al Paternoster a y e
The Mayor thereupon declared this Resolution duly passed and adopted this 14th day of
The motion was seconded by Councilmember
and, upon being put into a vote, the vote was as follows:
Mayor Brian Burkeen
Councilmember Andrea Coy
Couneilmember Sal Neglia
February, 2007.
CITY OF SEBASTIAN, FLORIDA
By:
Brian Burkeen, Mayor
A c.
i------
Sally A. M o, MMC
City Cl
Approved as to form and legality for
reli e City of Sebastian only:
Rich Stringer, City Att ey
GRANT OF NON-EXCLUSIVE
PUBLIC UTILITY AND DRAINAGE EASEMENT
This agreement made on the S~ day of ~~P-+~e.A,~e,.~ 200, by and between
Gerald W. Oltman, whose address is 258 Main Street,~Grantor, and the City of Sebastian, a
municipal corporation of the State of Florida of Indian River County, whose address is 1225 Main
Street, Sebastian, Florida 32958, Grantee. %`Sebastian, FL 32958
NOW THEREFORE, in consideration of the sum of Ten Dollars ($10.00) and other good
and valuable consideration, the receipt of which is hereby acknowledged, Grantor grants and
conveys unto Grantee, its successors or assigns, a perpetual non-exclusive public utility and
drainage easement to lay out, construct, inspect, operate, maintain, repair and install utilities,
cable television facilities and drainage, together with the right to excavate for the location of said
utilities, cable television facilities and drainage and the further right to remove trees, bushes,
undergrowth and other obstructions interfering with the location, construction and maintenance of
the utilities, cable television facilities and drainage all over, under, across and through the
following described land (hereinafter referred to as "Easement Area"):
The northeasterly five (5) feet of the southwesterly half (1/2) of Lot 41, Block 65, Sebastian
Highlands Unit 2
IN WITNESSETH WHEREOF, the Grantor, and the Grantee have executed this Non-
Exclusive Easement on the day and year first written above.
Signed, sealed and delivered in our presence:
WITNESSES AS TO BOTH:
( g ture)
a ~ ,~~ L. ~.• ~,
(print name)
(signature)
GRANTOR:
etc
nature)
(print name) ~
(signature)
(print name) (print name)
STATE OF FLORIDA
COUNTY OF INDIAN RIVER
The foregoing instrument was acknowledged before me this ~ da of
/~ Y
f 2001 by Crct~,Q~l2„ te.9. oe~5r-n.w`.- who
is persona y known- to me or who has produced `-- as
identification. ~~pNtullq~~~
1823875
THIS DOCUMENT HAS BEEN RECORDED
IN THE PUBLIC RECORDS OF
INDIAN RIVER COUNTY FL
BK: 2138 PG:9, Pagel of 1
02/27/2007 at 01:66 PM,
D DOCTAX PD 60.70
JEFFREY K BARYON, CLERK OF
COURT
\~~~~~~~y M. BQS ~~~~~i
~~~p~~ • ~,M18310h~~'~4
• 9'
;o:~,~J~Bze,?~~;y~
V, i
*. ~~~ ;*= NotaryP bli
.~~. MDD305748 .: My Commission No. is:
• e~n,,o ,~;.' °~ My Commission Expires:
-r• ••~ ..
•......
~~~ii~Bl/C. STASE~~~~~~`
RESOLUTION NO. R-07-04
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, VACATING CERTAIN EASEMENTS OVER LOTS
40 AND 41, BLOCK 65, SEBASTIAN HIGHLANDS UNIT 2; PROVIDING
FOR CONFLICTS HEREWITH; PROVIDING FOR RECORDING;
PROVIDING FOR EFFECTIVE DATE.
WHEREAS, a building permit is sought for construction of a building addition at 258
Main Street within the City of Sebastian; and
WHEREAS, the owners of the land upon which said improvements shall be built 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 northeasterly five (5) feet of Lot 40 and the southwesterly five (5) feet of Lot
41, less the northwestern most ten (10) feet thereof, all being in Block 65,
Sebastian Highlands Unit 2, as recorded in Plat Book 5, Pages 34-37 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
coy The motion was seconded by Councilmember
Paternoster
and, upon being put into a vote, the vote was as follows:
Mayor Brian Burkeen
Councilmember Andrea Coy
Councilmember Sal Neglia
aye
aye
aye
Councilmember Al Paternoster a y e
The Mayor thereupon declared this Resolution duly passed and adopted this 14th day of
February, 2007.
CITY OF SEBASTIAN, FLORIDA
By: %~~/
Brian Burkeen, Mayor
AT ~
Sally A. M o, MMC
City Cl
Approved as to form and legality for
reli e City of Sebastian only:
Rich Stringer, City Att ey