HomeMy WebLinkAboutR-12-35RESOLUTION NO. R-12-35
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, PERTAINING TO UTILITY EASEMENTS;
CREATING A NON-EXCLUSIVE PUBLIC UTILITY EASEMENT ON
PARTS OF LOTS 1, 2 AND 3, BLOCK 2, MIDDLETON'S SUBDIVISION
OF CITY OF SEBASTIAN, AS RECORDED IN PLAT BOOK 2, PAGE 56
OF THE PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA;
AUTHORIZING EXECUTION OF THE GRANT OF EASEMENT;
PROVIDING FOR RECORDING; PROVIDING FOR CONFLICTS;
PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, there are no existing easements in the area to provide access to the utility
lines along Indian River Drive, far Lots 4, 5 and 6 of Block 2, Middleton's Subdivision of City
of Sebastian; and
WHEREAS, the City has received a request to create a non-exclusive utility easement on
City-owned property identified as parts of Lots 1, 2 and 3, Block 2, Middleton's Subdivision of
City of Sebastian, for access to the utility lines along Indian River Drive; and
WHEREAS, Todd N. Smith, P.E., has agreed to design the utility lines with the capacity
to accommodate the future connection to the public utilities for Lots 4, 5, and 6, Block 2,
Middleton's Subdivision of City of Sebastian.
NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
SEBASTIAN, as follows:
Section 1. CREATION OF EASEMENT. The City Council of the City of
Sebastian does hereby create and establish a non-exclusive public utility easement on City of
Sebastian-owned property, identified on Attachment "1 ", GRANT OF EASEMENT, to this
resolution, and further described on Exhibit "A" to the Grant of Easement.
Section 2. EXECUTION. The Mayor of the City of Sebastian, Indian River
County, Florida, is hereby authorized to sign, and the City Clerk to attest, on behalf of the City of
Sebastian, the Grant of Easement described herein.
Section 3. RECORDING. The City Clerk shall record the Grant of Easement
in the Official Records of Indian River County, Florida, after receipt of a fully executed
instrument.
Section 4. CONFLICT.
herewith are hereby repealed.
All resolutions or parts of resolutions in conflict
Section 5. SEVERABILITY. In the event a court of competent jurisdiction shall
hold or determine that any part of this resolution is invalid or unconstitutional, the remainder of
the Resolution shall not be affected and shall be presumed that the City Council of the City of
Sebastian did not intend to enact such invalid or unconstitutional provision. It shall further be
assumed that the City Council would have enacted the remainder of the Resolution without said
invalid and unconstitutional provision, thereby causing said remainder to remain in full force and
effect.
Section 6.
upon its adoption.
EFFECTIVE DATE. This resolution shall take effect immediately
The foregoing Resolution was moved for adoption by Councilmember Gillmor
The motion was seconded by Councilmember xill and, upon being put into a
vote, the vote was as follows:
Mayor Jim Hill
Vice-Mayor pon Wright
Councilmember Andrea Coy
Councilmember Richard Gillmor
Councilmember Bob McPartlan
aye
aye
ave
aye
aye
The Mayor thereupon declared this Resolution duly passed and adopted this 24th
October .2012
AT�ST: q
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Sally A. aio, MMC
City Cler c
day of
CITY OF SEBASTIAN, FLORIDA
By: --
' Hill, Mayor
Approved as to form and legality for
reliance by the City of Sebastian only:
�
Robert Ginsburg, City A orney
Prepared by and return to:
City of Sebastian
1225 M�in Street
� Sebastian, FL 32958
772-589-5518
GRANT OF EASEMENT
THIS GRANT OF EASEMENT, made and executed this 24tn day of
october , 2012, by CITY OF SEBASTIAN, a municipal corporation of the
State of Florida, whose mailing address is 1225 Main Street, Sebastian, Florida
32958, hereinafter called GRANTOR, to INDIAN RIVER COUNTY, a political
subdivision of the State of Florida, having a mailing address of 1801 27th
Street, Vero Beach, Florida 32960, hereinafter called GRANTEE.
WITNESSETH:
That GRANTOR for and in consideration of the sum of TEN DOLLARS
($10.00) and other valuable consideration, receipt of which is hereby
acknowledged by these presents does grant, bargain, sell, alien, remise, release,
convey, and confirm unto the GRANTEE, a non-exclusive perpetual easement for
utilities over, across, and beneath the following described land, situate in Indian
River County, Florida, to-wit:
See Exhibit "A" attached hereto.
And GRANTOR hereby covenants with said GRANTEE that the
GRANTOR is lawfully seized of said servient land in fee simple, and that the
GRANTOR has good right and lawful authority to convey the easement
established hereby and will defend the same against the lawful claims of all
persons whomsoever.
IN WITNESS WHEREOF, the GRANTOR has hereunto set GRANTOR'S
hand and seal the day and year first abovE written.
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� , �ATT�ST:
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Sally A. io, MMC
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CITY OF SEBASTIAN, a municipal
corporation th State of Florida
— ---_
By� — _
Hill, Mayor
Date of Council approval: o�t. .24, 2012
2247874
THIS DOCUMENT HAS BEEN
RECORDED IN THE PUBLIC RECORDS
OF INDIAN RIVER GOUNTY FL
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JEFFREY R SMITH, CLERiC OF COURT
STATE OF FLORIDA
COUNTY OF INDIAN RIVER
The foregoing instrument was acknowledged before me this 24th day of
October , 2012, by Jim Hill, Mayor, and Sally A. Maio, MMC, City Clerk of the
City of Sebastian, who are personally known to me.
NOTARY PUBLIC
W.(J��f� �r�l/VYl/.�
pr ed name:
(SEAL): Commission No.: ,,,,�»
,��� JEANETTE WILLIAMS
Commission Expiration: :: ...� Commission#EE038067
:� " Expires February 28, 2015
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