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THIS INDENTURE MADE ThIa ... ..16 th . .. ,.. day of .......... E e b.r.ua r.y.. .. .. .. .. .. .. .. .. ... A. D" 19.9.9..,
between the City of Sebllstian, a municipal corporation existing undcr the laws of the State of Florida, 8S Grantor and
.......................... G~I),~,t;:qn~g.. M.... .Spa t.e.I?..........,.....
P.Q, Box 877
, , , , . . . . . . . . . . . . . . .. . . .. .. .. ..... . .. ... Ro s eland., . . F.l. . .3295.7. . .. . . . .. .. . .. . . . .
of the County of ,. ..I.n4~?t:l.. R~.Y.~.:t;'.................... ani State of ..,.. ~1,9.:r;.:i,.4a......................................
IS Grantee, WITNESSETH,
That the Grantor for and in consideration of the sum of $ ?~ 9.9~: .q9.,............ to it in hand paid, the receipt whereof Is herewith ac-
knowledged, does by this instrument grant, bargain, sell, release, convey and conIum unto the Grantee .~,~~.... heirs, legal representatives and assigns
the followlng-property situated inJlebastlan.,Ipdlan River C:;ountX. FloRda, to-wit:
21 , 22 , z 3 , 24 , 25 , 2 b , 27 , .)4" 3 5 , 3 b , 3 I ,3M,
All of Lot(s)39 .,.4-0" Block, . . 3Q. .. ,UNIT ... 4 . . . . . . .. ,of Sebastian municipal cemetery as per Plat Number 1 thereof recorded in Plat
Book 2. at page 65 of the public records In the office of the Clerk of the Circuit Court of St. Lucie County of Florida; said land now lying and being
in Indian River County, Florida.
To Have and to Hold the same forever; provided that said property shall be used solely and exclusively for the interment of the human dead and shall
be used, kept and maintained at all times in accordance with the rules and regulations, ordinances and resoiutlons of the City of Sebastian, Florida, hereto-
fore, now and hereatler adopted or provided for the government and operation of said cemetery. The conditions, restrictions and requirements contained
in this instrument shall be covenants running with the land, In the event of the failure of the owner of any property situated within said cemetery to ob-
serve and comply with such rules. regulations, resolutions and ordinances and the conditions of the deed of conveyance thereof then the title of such owner
in and to said property shall terminate and the same shall revert to the City of Sebastian, Florida.
IN WITNESS WHEREOF, The said party of the lust part has caused this instrument to be executed in its name and on Its behalf by its Mayor and
attested by Its City Clerk and its corporate seal to be hereto affIXed, the day and year fust above written.
CITY OF SEBASTIAN, FLORIDA
A<k,R(~lrl[)~~...........
, II City Clerk
BTa;~.~........."""""
MOTor
Signed, Sca d and Dcllvered
In the sen e of. _ I
~~~.............. ..
. ,~..4.~..............
(QIitu $l'al)
TATE OF FLOIUDA
COUNTY OF INDIAN RIVER
I HEREBY CERTIFY, That on this......... .~.Qt.h...... .day of ...,..'.. .F~br.\,l.a~y,. ............ .............., 19.9.9,
Ruth Sullivan Kathryn M. O'Halloran
befure me personally appearcd ............................,........'..,",.......,.....,' and .,.......................,.."......,..
respectively Mayor and City Clerk of the City of Sebutllln, 0 municipal corporation under the laws of thc State of Florida to me known
to bc the Indlv;,lullls Ilnd officers described In und who executcd the for,'going cORveyance to
.",................... ...... ......... .C;:~n~.t.~)1.~~.. '~"" .:;;.P.~.t,~.I?...... ......... ..,............................ ..,.. ............
. . . . . . . . . . . . . . . . . . . . , . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. and severally acknowledged thc exec eof to be their free act and deed
os such officers thereunto duly authorized; and that the Official sc1l1 of said corporation Is d Y off! cd thereto, and the said eonveYllnce
is thc Ilet Ilnd deed of sold corporation.
WITNESS
last aforesaid,
LINDA M. GALLEY
MY COMMISSION' CC 740478
EXPIRES: June 18, 2002
Ilonded Thru Notary Public Underwrite,.
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THE SEBASTIAN CEMETERY
CITY OF SEBASTIAN~ FLORIDA
Si"CEIPT IS HEREEY ACXR OWLEDGED OF THE SUM OF:
' LV/V 16()~ Z '~I /JC/
{_L/ A... ~ Dollars ($ &/17 )
purchase of the
terms and
FROM:
~
Purchase Pri
Terms and Condition of sale:
This contract shall be binding upon both parties, the seller and the
purchaser, when approved by the owner of the property above described.
I, or we, agree to purchase the above described property on the terms
and conditions stated in the foregoing instrument: .
c~~~
The ci ty of Sebastian. agrees
the above named purchaser (s)
above instrument.
e 7n~ioned prc.::;erty tc;
cond~tions stated in the
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10 1 1 "30 31
9 12 29 32
8 13 28 33
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3 18 23X >( 38
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2 19 22 :i
, 1 20 21-1 >< 40, ,
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SEI;3ASTIAN CEMETERY
UNIT FOUR
PLOT, ' .
, BLOCK 30
SCALE: 1": 1 0'
DANIEL CARNAHAN CONSUL TING ENGINE~RSJ INC.
, , CONSULTING' ENGINEERS LAND SURVEYORS
,
LAND QEVELOPMENT CONSULTANTS
6191 W. ATLANTIC BLVD. MARGATEtFl.33063 305-972~3959
JOB NO. 88080081DATE I DRAWN D.A.B. I CHECKEO R. W. rB/PG . N/A
FILE NO. 8608008 I .:J'e/.~(jJ J
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City of Sebastian
1225 MAIN STREET 0 SEBASTIAN, FLORIDA 32958
TELEPHONE (561) 589-5330 0 FAX (561) 589-5570
February 18, 1999
Constance M, Spates
P,O. Box 877
Roseland, FL 32957
Dear Ms. Spates:
Enclosed is Cemetery Deed No. 1677 for Lots 21, 22, 23, 24, 25, 26, 27, 34, 35, 36, 37, 38, 39, and 40,
Block 30, Unit 4.
Also enclosed is a fonn - Return for Transfers of Interest in Real Property - which must be filled out by you
and completed by the office of the Clerk of the Circuit Court when and if you have the deed recorded. If you
wish to have this deed recorded, you may do so at the office of the Clerk of the Circuit Court, P. O. Box
1028, Vero Beach, Florida 32960.
Sincerely,
r~~ irn tJ'l/iltu <~
~a~rJ! 6-;Halloran, CMC/AAE
City Clerk
KOH:lmg
Enclosures
(\wr-from\cemdeed. wpd)
HOME OF PllICAN ISlAND
1225 Main Street
Sehastian. Florida 3295X
Phone 772-5X9-5330
Fax 772-5X9-5570
c i t yril) i ct yo fsehast ian. org
May 24, 2002
Constance Spates
PO Box 877
Roseland, FL 32957
Dear Ms. Spates:
The Sebastian City Council, at its May 22, 2002 Regular Meeting, approved the extension ofthe pad
on either side of your existing monument in Sebastian Cemetery Unit 4, Block 30 to support flower
urns as you requested. This request was brought to the City Council in response to your letter of
request dated May 6, 2002, because upon review of the request, staff determined that the code
language did not give discretion to staff to deviate from current provisions,
We were also directed by City Council to review cemetery code provisions and bring back an
amendment to give discretion to staff to make administrative decisions in special cases such as your
where a "family plot" exists.
If you have any questions, please do not hesitate to contact my office.
Sincerely,
a~-
Sally A. aio, CMC
City Clerk
cc: City Manager, Terrence Moore
City Attorney. Rich Stringer
Terry Hill. Public Works Director
Kip Kelso, Cemetery Sexton
Regular City Council Meeting
May 22, 2002
Page Seven
ROLL CALL:
Mr. Majcher
Mayor Barnes
Mr. Hill
Mr. Barczyk
Mr. Coniglio
MOTION CARRIED 4-0
16. NEW BUSINESS
02.116
A.
Reauest from Constance Spates for Placement of Two Urns on Her Cemetery Property
(Citv Clerk Transmittal 5/6/02. Letter, Sec. 34-18 Code)
DRAFT
- aye
- aye
- aye
- absent
- aye
The City Clerk had provided additional layout information and a picture of the flower urn.
The City Attorney advised that a total cleanup of the ordinance could be done since the
current language is quite archaic.
MOTION by Coniglio/Majcher
"I move that we consider the request for--not consider it--can we just do it--to
allow Constance Spates for an extension of pad of her existing monument to
accomodate placement of two urns, could I tack onto it that we revamp the code to allow
for this type of structure for anyone that has bought so many set a limit on how many. .
. . direct city staff to come up with the proper accommodations for putting increase of
structures on family plots."
ROLL CALL:
Mayor Barnes
Mr. Hill
Mr, Barczyk
Mr. Coniglio
Mr. Majcher
MOTION CARRIED 4-0
02.117
B.
Resolution No. R-02-22 Adoptina an Amended Fiscal Year 2001-02 Budaet (Finance
Transmittal 5/9/02. R-02-22. Memo, Status Reports. Schedule of Investments)
- aye
- aye
- absent
- aye
- aye
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA ADOPTING AN
AMENDED BUDGET FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2001 AND ENDING
SEPTEMBER 30, 2002 AS PROVIDED FOR IN EXHIBIT "A"; PROVIDING FOR CONFLICTS; AND
PROVIDING FOR AN EFFECTIVE DATE.
The City Attorney read Resolution No, R-02-22 by title. The Finance Director briefly
described the amendments and responded to questions from Council relative to
reduction in utility franchise fees and an increase in operating expenditures due to a
sewer leak,
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SEBAST~
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HOME OF PELICAN ISlAND
MEMORANDUM
DATE:
May 14, 2002
TO:
FROM:
Mayor Barnes and City Council Members, City Manager, and City Attorney
Sally A. Maio~
City Clerk
RE:
Cemetery Monuments
After receiving Ms. Spates' request and talking to the Cemetery Sexton about the very specific
code requirements for markers, it is my suggestion that a provision be included in the code to allow
some discretion to the sexton and/or City Clerk as to monument size and structure for "family
plots" of ten lots or more when it is the family's intention to install only one family marker on the
plot.
cc: Public Works Director
Cemetery Sexton
sam
alYOf
SEIlAS!!AN
~~~
HOM[ Of PU.ICAN ISlAND
City of Sebastian
1225 Main Street
Sebastian, Florida 32958
Subject Request from Constance Spates for
Placement of Two Urns on Her Cemetery
Property
Agenda No. 0 ~ . II "
Department Origin: City Clerk y-
Date Submitted: 5/6/02
For Agenda of: 5/22/02
Exhibits: Spates' Letter, Sec. 34-18 of Code of Ordinances
Expenditure Required:
Amount Budgeted:
Appropriation Required:
SUMMARY STATEMENT
We have received a letter from Constance Spates requesting extension of her existing
monument to accommodate placement of urns on her family's cemetery plot. Mrs. Spates
owns 15 lots in one block, two of which are used and she maintains that only one more will ever
be used,
There is currently just the one monument on the site. Since code regulations are very specific
as to size requirements for monuments, and after speaking to the City Attorney, it was my
decision to bring this matter to City Council.
RECOMMENDED ACTION
Consider the request from Constance Spates for extension of the pad of her existing monument
to accommodate placement of two urns.
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~ 34.18
SEBASTIAN CODE
Sec. 34.18, Interment site markers.
(a) Standard and cremains in-ground interment sites,
(1) Design. The following provisions shall apply to standard and cremains in-ground
interment site markers:
a. Inscriptions. A marker may contain the full name of an individual, date of birth
and date of death. In addition, symbolic floral carvings; family crests or emblems;
religious markings; fraternal emblems; suitable epitaph; and designation as to
relationship of the deceased (such as son, daughter, husband, father, etc.) may be
used.
b, Veterans' markers. Those markers received from the Veterans' Administration
may include such information as name, rank, serial number, date of death, and
other information such as the Veterans' Administration from time to time places
on such markers.
(2) Placement. All cemetery markers shall be either bronze, marble or granite, and shall
be flush with the ground. No permanent attachments shall be above the marker, No
slabs of any kind will be permitted; provided, however, to preserve the historic nature
of Units 1 and 4 of the Sebastian Cemetery, and where there are existing slabs and
above ground markers, restoration of existing slabs and above ground markers will be
permitted,
(3) Size, The following size standards shall apply to site markers.
a. Flush markers, Flush markers are permitted in all sections of the cemetery.
Flush markers for standard 4' X 8' and 4' x 4' sites shall not exceed 36" in width
and 18" in depth and shall be a minimum of 4" in thickness. A double marker for
two adjoining (side by side) standard 4' x 8' and 4' x 4' sites shall not exceed 72"
in width and 18" in depth and shall be a minimum of 6" in thickness. Bronze
markers shall not exceed 24" x 24",
b. Above ground markers. Above ground markers are permitted in Units 1 and 4
only and are allowed only on standard 4' x 8' sites. Above ground markers for
standard 4' x 8' sites shall not exceed 36" in width, 48" in height (from ground
elevation), and 8" in thickness. These markers may be erected on a base which
shall not exceed 36" in width, 8" in height, and 18" in thickness. A double
marker for two adjoining (side by side) standard 4' x 8' sites shall not exceed 72"
in width, 48" in height (from ground elevation), and 8" in thickness. These
markers may be erected on a base which shall not exceed 72" in width, 8" in
height, and 18" in thickness, Above ground markers are not permitted on stan-
dard 4' x 4' sites,
(4) Alignment. All markers shall be in a line consistent with each other, as determined
by the cemetery sexton. Any unapproved markers shall be removed, repaired or
realigned at the monument company's expense.
Supp. No.3
CD34:6
CEMETERIES
~ 34-22
(5) Concrete foundation. All markers shall have a suitable concrete foundation provided
by the monument company.
(6) Period for installment after burial. All markers shall be installed within 120 days
after burial. Where this regulation renders a hardship or presents any special
problems, such as an estate not settled, special consideration will be given. Request
for special consideration should be made in writing to the Sebastian City Clerk, 1225
Main Street, Sebastian, Florida 32958,
(b) Niches.
(1) Design. All niche markers shall be bronze plaques, provided in the cost of the niche,
engraved and installed by the city.
a. Inscription, The bronze marker shall include the full name, date of birth and
death of decedent.
(Code 1980, ~~ 8-32-8-34.1, 8-35; Ord, No. 0-91-27, ~ 1, 10-23-91; Ord. No, 0-93-12, ~ 12,
6-23-93)
Sec. 34.19. Artificial and fresh flowers.
Artificial flower arrangements will be permitted to remain until they become faded or
unsightly, Fresh flowers will remain until unsightly. No glass or ceramic flower containers or
ornaments shall be allowed. No wires shall be allowed to hold flower arrangements perma-
nently in place at the interment site,
(Code 1980, ~ 8-36; Ord. No. 0-93-12, ~ 13, 6-23-93)
Sec. 34-20. Use of living memorial tree or shrub.
Whenever a living memorial tree or shrub is desired, arrangements must be made with
the cemetery sexton as to size, type and placement as designated by the cemetery sexton, in a
planting area designated by him.
(Code 1980, ~ 8-37)
Sec. 34-21. Pruning and removal of vegetation.
No trees, plants or shrubs shall be planted, pruned or removed except by the sexton or
person in charge who shall have authority to do so upon any interment site when he/she may
consider such planting, pruning or removal necessary.
(Code 1980, ~ 8-38; Ord. No. 0-93-12, ~ 14,6-23-93)
Sec. 34.22. Enclosures and mounds prohibited.
Enclosures of any nature such as fences, copings, hedges, ditches, etc" shall not be allowed
around any in-ground interment sites. Earth mounds will not be permitted,
(Code 1980, ~ 8-39; Ord, No. 0-93-12, ~ 15,6-23-93)
Supp. No. 10
CD34:7