HomeMy WebLinkAbout1959 USA - General Services Administration..........
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OFFICIAL RECORD
STATE OF GEORGIA )
COUNTY OF FULTON )
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THIS INDENTURE, made this the 29th day of January, 1959,
between the UNITED STATES OF AMERICA, acting by and through the Adminis-
trator of General Services, under and pursuant to the powers and authority
contained in the provisions of the Federal Property and Administrative
Services Act of 1949, approved June 30, 1949 (63 Stat. 377) as amended,
and the Surplus Property Act of 1944 (58 Stat. 765), as amended, and
regulations and orders promulgated thereunder, party of the first
part, and the CITY OF SEBASTIAN, a municipal corporation created,
organized and existing under and by virtue of the laws of the State of
Florida, party of the second part.
WITNESSETH:
That the said party of the first part, for and in consideration
of the assumption by the party of the second part of all the obligations
and its taking subject to certain reservations, restrictions and condi-
tions and its covenant to abide by and agreement to certain other reser-
vations, restrictions and conditions, all as set out hereinafter,,has
remised, released and forever quitclaimed and by these presents does
remise, release and forever quitclaim to the party of the second part,
its successors and assigns, under and subject to the reservations,
restrictions and conditions, and exceptions, all as hereinafter expressed
and set out, all right, title, interest, claim and demand which the party
of.the first part has in and to that certain land, containing 604.44
acres, more or less, situate, lying and being in the County of Indian
River, in the State of Florida, being a portion of the Fleming Grant
in Township 31 South, Range 38 East, Tallahassee Meridian, Florida,
as shown on the subdivision plat of said Grant recorded at pages 72 and
73 in Plat Book Nom 1 in the public records of the County of Brevard,
State of Florida, said land being more particularly described as follows,
to -wit;
'.
` OFFICIAL RECORD '256 '
From the North corner of Section 29, Fleming Grant,
run S 44025t5811 E a distance of 1501,86 feet to a
concrete monument for a point of beginning: thence
S 4V25t 5811 E, 2100.00 feet; thence S 450091 o411 W,
1009,32 feet; thence S 01 °54,5711 W, 963.48 feet-
thence S 44°25158" E, 1137,55 feet; thence S 450091
04" W, 2100.00 feet; thence N 44021128" W, 1977.50
feet; thence S 45009'04" W, 3497.85 feet; thence N
44021' 2811 W, 46.36 feet; thence N 11047158" W,
1159.63 feet; thence N 04037130" W, 5793.60 feet;
thence N 45054t0211 E, 1258,33 feet; thence S 440251
5811 E, 2804.92.feet; thence S 67639'58" E, 759,38
feet; thence N 45009104" E, 1406.13 feet to point
of beginning; subject to a 33 foot right -of -way for
Roseland Road; and, also, subject to three Easements
for roadway purposes, as follows, to -wit:
An easement in, on, over and across a strip of land
described as, commencing at the North corner of
Section 29 Fleming Grant, run N 44025158" W along
NE line of Section 22 for a distance of 1980,0 feet
to a point; thence S 4505410211 W for a distance of
1706,10 feet to a concrete.mouument being the point
of beginning of the easement hereby described,
thence S 44025,58" E for a distance of 100,0 feet
to a point; thence S 45054,02!1 W for a distance of
1340.68 feet to the centerline of Roseland Road;
thence N 04037130" W for 129.56 feet to a point;
thence N 45054102! E for a distance of 1258,33 feet
to the point of beginning. Comprising 2,961 acres
less however 33.0 feet for Roseland Road right -of -way.
An easement in, on, over and across a strip of land
described as, commencing at the East corner of Section
29 Fleming Grant and run S 45009,04" W along Fleming
Grant line for a distance of 1706,27 feet to a concrete
monument, being the point of beginning of the easement
hereby described, thence continue S 45009'04" W along
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An easement in, on, over and across a strip of land
described as, commencing at the East corner of
Section 29 of the Fleming Grant, run S 45009104" W
along the SE line of Section 29 for a distance of
3806.27 feet to a point; thence N 44021/2811 W for
a distance of 1977.5 feet to a point; thence S 450
Is , -{
09104" W for a distance of 3147.85 feet to the
point-of beginning of the easement hereby described;
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thence continue s 4500910411 W for a distance of
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340.53 feet to a point on the East right -of -way of
Roseland Road; thence N 11047'5811 W along said right -
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of -way line for a distance of 339,74 feet to a point;
being on a meander line of Collier Creek; thence run
N 6V48,04" E along said meander line for a distance
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of 56.74 feet to a point; thence S 57042'56" E along
C1.)
said meander line for a distance of 40.55 feet to a
point; thence S 80058,5611 E along meander line for a
distance of 30.43 feet to a point; thence S 14051'0411
W along meander line for a distance of 55.20 feet to_.
a point; thence N 66018,04" E along meander line for
• distance of 63.40 feet to a point; thence S 030061
0411 W along meander line for a distance of 73,50
feet to a point; thence N 49029,0411 E along meander
line for a distance of 43.80 feet to a point; thence
N 20055104" E along meander line for a distance of
44.25 feet-to a point; thence S 59039'5611 E along
said meander line for a distance of 114,0 feet to
the end of meander line at the point of beginning,
plus the land approximately 10 feet N of and parallel
to said meander line, being 1/2 of the present width
of Collier Creek. Comprising 1.29 acres.
An easement in, on, over and across a strip of land
described as, commencing at the North corner of
Section 29 Fleming Grant, run N 44025158" W along
NE line of Section 22 for a distance of 1980,0 feet
to a point; thence S 4505410211 W for a distance of
1706,10 feet to a concrete.mouument being the point
of beginning of the easement hereby described,
thence S 44025,58" E for a distance of 100,0 feet
to a point; thence S 45054,02!1 W for a distance of
1340.68 feet to the centerline of Roseland Road;
thence N 04037130" W for 129.56 feet to a point;
thence N 45054102! E for a distance of 1258,33 feet
to the point of beginning. Comprising 2,961 acres
less however 33.0 feet for Roseland Road right -of -way.
An easement in, on, over and across a strip of land
described as, commencing at the East corner of Section
29 Fleming Grant and run S 45009,04" W along Fleming
Grant line for a distance of 1706,27 feet to a concrete
monument, being the point of beginning of the easement
hereby described, thence continue S 45009'04" W along
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OFFICIAL REGORCD
said Grant line for a distance of 2100.0 feet
to a point; thence N W21128" W for a distance
of 10000 feet; thence N 45009!04" E 2100.0 feet-
to a point; thence S 44°25158" E,for 100.0 feet
to point of beginning. Comprising 4.82 acres.
And, subject, also, to an easement for the con-
struction, use, maintenance, operation and
repair of a drainage ditch, said easement being
confined to the following described land, to -wit:
running along the southeasterly line of Roseland
Satellite Field in Indian River County, Florida,
comprising that part of the, southeasterly 40
feet of Sections 28 and 29 of the Fleming Grant,
commencing at the east corner of the Roseland
Satellite Field and thence running southwesterly
a distance of 6300 feet, more or less, to the
Collier Creek; said easement having been granted
on August 12, 1957 by the UNITED STATES OF AMERICA
to CYPRESS GARDENS ESTATES CORPORATION by an in-
strument recorded at pages 107, 108, 109 of Book
21 of the public records in the office of the
Clerk of the Circuit Court for Indian River
County, Florida.
SUBJECT, HOWEVER, to all existing easements and rights -of -way
for roads, highways, railroads, pipelines, public utilities and drain-
age ditches.
ALSO, EXCEPTING from this conveyance all right, title and
interest in and to all its property in the nature of equipment, furnish-
ings and other personal property located on the above described premises
which can be removed from the land without material injury to the land
or structures located thereon, other than property of such nature located
on the premises conveyed hereby which is reasonably necessary for the
operation or maintenance of the airport or for the operation or main-
tenance of the structures and improvements specifically listed herein -
above as being transferred hereby, for any reasonable use for which
such structures or improvements are readily adaptable; and further except-
ing from this conveyance all its structures on said premises other than
structures specifically described or enumerated above as being conveyed
hereunder; and reserving to the party of the first part for itself and
its lessees, licensees, permittees, agents, and assigns the right to
use the property and structures excepted hereby in such a manner as will
not materially and adversely affect the development, improvements,
operation or maintenance of the airport and the right of removal from
said premises of such property and structures, all within a reasonable
period of time after the date hereof, which shall not be construed to
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' OFFICIAL RECORD
z ? mi 258
mean any period more than one (1) year after the date of this instru-
ment, together with a right of ingress to and egress from said premises
for such purposes.
The property hereby conveyed has heretofore been declared
surplus to the needs of the UNITED STATES OF AMERICA, is presently
under the jurisdiction of the General Services Administration, is
available for disposal and its disposal has been heretofore authorized
by the Administrator of General Services, acting pursuant to the above
referred to laws, regulations and orders.
TO HAVE AND TO HOID the same, together with all and singular
the appurtenances thereunto belonging or in any wise appertaining, and
all the estate, right, title, interest or claim whatsoever of the said
party of the first part, either in law or in equity, except the property
excepted hereinabove and the rights reserved hereinabove, and under and
subject to the reservations, restrictions and conditions set forth in
this instrument, to the only proper use, benefit and behoof of the said
party of the second -part, its.successors and assigns, forever.
By `acceptance of this deed or any rights hereunder, the
said party of;the second part, for itself, its successors and assigns,
agrees that the transfer of the property transferred by this instrument,
is accepted subject to the following restrictions set forth in subpara-
graphs (1) and (2) of this paragraph, which shall run with the land,
imposed pursuant to the authority of Article 4, Section 3, Clause 2
of the Constitution of the United States of America, the Surplus Prop-
erty Act of 1944, as amended, the Federal Property and Administrative
Services Act of 1949, as amended, and applicable rules, regulations
and orders.
(1) That, except as provided in subparagraph (6) of the next
succeeding unnumbered paragraph, the land, buildings, structures, improve-
ments, and equipment in which this instrument transfers any interest
shall be used for public airport purposes for the use and benefit of the
public, on reasonable terms and without unjust discrimination and without
grant or exercise of any exclusive right for use of the airport within
the meaning of the terms "exclusive right" as used in subparagraph (4)
of the next succeeding paragraph. As used in this instrument, the term
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OFFICIAL RECORD
"airport" shall be deemed to include at least such lands, buildings,
structures, improvements and equipment.
(2) That, except as provided in subparagraph (6) of the next
succeeding paragraph, the entire landing area, as defined in GSA Reg.
2 -I- 102.01 a.11, dated December 1953, and all structures, improvements,
facilities and equipment in which this instrument transfers any interest
shall be maintained for the use and benefit of the public at all times
in good and serviceable condition, to assure its efficient operation,
provided, however, that such maintenance shall be required as to
structures, improvements, facilities and equipment only during the
remainder of their estimated life, as determined by the Administrator
of the Federal Aviation Agency or his successor. In the event materials
are required to rehabilitate or repair certain of the aforementioned
structures, improvements, facilities or equipment, they may be procured
by demolition of other structures, improvements, facilities or equipment
transferred hereby and located on the above land which have outlived
their use as airport property in the opinion of the Administrator of
the Federal Aviation Agency or his successor.
By the acceptance of this deed or any rights hereunder, the
said party of the second part for itself, its successors and assigns,
also assumes the obligation of, covenant to abide by and agree to, and
this transfer is made subject to, the following reservations and restrict-
ions set forth in subparagraph (1) to M, inclusive, of this paragraph,
which shall run with the land, imposed pursuant to the authority of
Article 4, Section 3, Clause 2 of the Constitution of the United States
of America, the Surplus Property Act of 1944, as amended, Federal Prop-
erty and Administrative Services Act of 1919, as amended, and applicable
rules, regulations and orders.
(1) That insofar as it is within its powers, the party of the
second part shall adequately clear and protect the aerial approaches
to the airport by removing, lowering, relocating, marking or lighting
or otherwise mitigating existing airport hazards and by preventing the
establishment or creation of future airport hazards.
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�- RECORD
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(2) That the United States of America (hereinafter sometimes
referred to as the 'Government ") through any of its employees or
agents shall at all times have the right to make nonexclusive use of
the landing area of the airport at which any of the property trans-
ferred by this instrument, is located or used, without charge;
Provided, however, that such use may be limited as may be determined
at any time by the Administrator of the Federal Aviation Agency or
his successor to be necessary to prevent undue interference with use
by other authorized aircraft; Provided, further, that the Government
shall be obligated to pay for damages caused by such use, or if its
use of the landing area is substantial, to contribute a reasonable
share of the cost of maintaining and operating the landing area,
commensurate with the use made of it.
(3) That during any national emergency declared by the
President of the United States of America or the Congress thereof,
including any existing national emergency, the Government shall have
the right to make exclusive or nonexclusive use and have exclusive or
nonexclusive control and possession, without charge, of the airport
at which any of the property transferred by this instrument is located
or'.. used., or of such portion thereof as it may desire, provided, how-
ever, that the Government shall be responsible for the entire cost
of maintaining such part of the airport as it may use exclusively, or
over which it may have exclusive possession or control, during the
period of such use, possession, or control, and shall be obligated to
contribute a reasonable share, commensurate with the use made by it,
of the cost of maintenance of such property as it may use nonexclusively
or over which it may have nonexclusive control and possession; Provided,
further, that the Government shall pay a fair rental for its use, con-
trol or possession, exclusively or nonexclusively, of any improvements
to the airport made without United States aid, and never owned by the
United States.
(4) That no exclusive right, as defined in subsection (g)(2)
(C) of Section 13 of the Surplus Property Act of 1944, as amended, for
the use of the airport at which the property transferred by this instru-
ment is located shall be vested (directly or indirectly) in any person
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OFFICIAL RECORD
or persons to the exclusion of others in the same class, the term
"exclusive right" being defined to mean
(1) any exclusive right to use the airport for
conducting any particular aeronautical
activity requiring operation of aircraft;
(2) any exclusive right to engage in the sale or
supplying of aircraft, aircraft accessories,
equipment, or supplies (excluding the sale of
gasoline and oil), or aircraft services
necessary for the operation of aircraft (in-
cluding the maintenance and repair of aircraft,
aircraft engines, propellers, and appliances).
(5) That except, as provided in subparagraph (6) of this
paragraph the property transferred hereby may be successively transferred
only with the proviso that any such subsequent transferee assumes all
the obligations imposed upon the party of the second part by the provi-
sions of this instrument.
(6) That no property transferred by this instrument shall be
used, leased, sold, salvaged, or disposed of by the party of the second
part for other than airport purposes without the written consent of the
Administrator of the Federal Aviation Agency or his successor which shall
be granted only if said Administrator determines that the property can
be used, leased, sold, salvaged or disposed of for other than airport
purposes without materially and adversely affecting the development,
improvement, operation or maintenance of the airport at which such prop-
erty is located; Provided, that no structures disposed of hereunder
shall be used as an industrial plant, factory, or similar facility
within the meaning of Section 23 of the Surplus Property Act of 1944,
as amended, unless the party of the second part shall pay to the United
States such sums as the Administrator of the Federal Aviation Agency
or his successor in function shall determine to be a fair consideration
for the removal of the restriction imposed by this proviso.
(7) The party of the second part does hereby release the
Government, and will take whatever action may be required by the Adminis-
trator of the Federal Aviation Agency or his successor to assure the
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OFFICIAL .REC ®R®
i, 62
LJK PRGE
complete release of the Government from any and all liability the
Government may be under for restoration or other damages under any
lease or other agreement covering the use by the Government of the
airport, or part thereof, owned, controlled or operated by the party
of the second part, upon which, adjacent to which, or in connection
with which, any property transferred by this instrument was located
or used: Provided, that no such release shall be construed as depriving
the party of the second part of any right it may otherwise have to
receive reimbursement under Section 17 of the Federal Airport Act for
the necessary rehabilitation or repair of public airports heretofore
or hereafter substantially damaged by any Federal Agency.
By acceptance of this instrument or any rights hereunder,
the party of the second part further agrees with the party of the first
part as follows:
(1) That in the event that arty of the aforesaid terms, condi-
tions, reservations or restrictions are not met, observed, or complied
with by the party of the second part or any subsequent transferee,
whether caused by the legal inability of said party of the second part
or subsequent transferee to perform any of the obligations herein set
out, or otherwise, the title, right of possession and all other rights
transferred by this instrument to the party of the second part, or
any portion thereof, shall at the option of the party of the first
part revert to the party of the first part sixty (60) days following
the date upon which demand to this effect is made in writing by the
Administrator of the Federal Aviation Agency or his successor,.in
function, unless within said sixty (60) days such default or viola-
tion shall have been cured and all such terms, conditions, reservations,
and restrictions shall have been met, observed, or complied with, in
which event said reversion shall not occur and title, right of possession,
and all other rights transferred hereby, except such, if any, as shall
have previously reverted, shall remain vested in the party of the second
part, its transferees, successors and assigns.
(2) That if the construction as covenants of any of the
foregoing reservations and restrictions recited herein as covenants or
the application of the same as covenants in any particular instance is
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OFFICIAL RECORD
held invalid, the particular reservations or restrictions in question
shall be construed instead merely as conditions upon the breach of
which the Government may exercise its option to cause the title,
interest, right of possession and all other rights transferred to the
party of the second part, or any portion thereof, to revert to it,
and the application of such reservations or restrictions as covenants
in any other instance and the construction of the remainder of such
reservations and restrictions as covenants shall not be affected
thereby.
IN WITNESS WHEREOF, the parties hereto have caused these
presents to be executed as of the day and year first above written,
UNITED STATES OF AMERICA
Acting by and through
Administrator of General Services
WITNESSES: By
iXK±!J!!.��O GARA
/C' Regional Commissioner
� / General Services Administration
y?liccx� Region IV, Atlanta, Georgia
1STIAN, FILOR11X
WITNESSES:
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OFFICIAL RECORD
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STATE OF GEORGIA )
COUNTY OF FULTON )
This day, before the undersigned, personally appeared
FRANK J. O�GARA, to me well known and known to be the person described
in and who executed the foregoing instrument of.conveyance on behalf
of the UNITED STATES OF AMERICA, and acknowledged that he, FRANK J.
O'GARA, being thereunto duly authorized as Regional Commissioner,
General Services Administration, Region IV, Atlanta, Georgia, executed
the same for the uses and purposes therein expressed as the free act
and deed of the UNITED STATES OF AMERICA, the ,Administrator of General
Services, the General Services Administration and himself.
IN WITNESS WHEREOF, I have hereunto affixed my hand and
official seal of office in Atlanta, Georgia, this the 29th day of
January, 1959.
MONTENE W. HUDSON, Notary Wul�`
Georgia, State at Large
Nay Commission expires Julk% 426 U ~ J
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OFFICIAL RECORD
STATE OF FLORIDA )
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COUNTY OF INDIAN RIVER )
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I, the undersigned Notary Public in and for the above
County and State, hereby certify that on this day personally appeared
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before me and
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Mayor and Clerk, respectively, of the CITY OF SEBASTIAN, FLORIDA, to
me well known and known to be the persons described in and who executed
the foregoing instrument, and acknowledged that they, in their respect-
ive capacities, executed the same for the purposes therein expressed as
the free act and deed of the CITY OF SEBASTIAN, FLORIDA, and that they
caused to be affixed thereto the official seal of the CITY OF SEBASTIAN,
FLORIDA, and that the said instrument is the act and deed of the CITY
OF SEBASTIAN, FLORIDA.
IN WITNESS WHEREOF, I have hereunto set my.hand and official
be dl of office this the day of ,<c R , 1959.
,11,j2y2G322 i�d22uE4 : a
NOTARY PUBLIC
Z My Commission expires
Notary Public, State of Florida at large
My commission expires Jan. 6, 1961.
e,. 3m&d by Am®rlcan Suroty Ca� of a'* Y,