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Home My WebLink About1999 Morrison, SamDOCUMENTARY STAMPS cir�n � "ZD n pn7nm f I f qK Return to: Rich Stringer, City Attorney y City of Sebastian, Florida 1225 Main Street Sebastian, FL 32958 THIS WARRANTY April, A.D., 1999, hereinafter called whose post office 32958, hereinafter WARRANTY DEED DEED, made by Sam R. Grantor, to address is called Grant( IN THE RECORDS OF .JEFFREY K. BARTON CLERK CIRCUIT COURT HUM RIVER CO.. FIA. and executed this IT th day of Morrison and Gaye S. Morrison, the City of Sebastian, Florida, 1225 Main Street Sebastian, FL �e: (Wherever used herein the term "Grantor" and "Grantee" shall include singular and plural, heirs, legal representatives and assigns of individuals, and the successors and assigns or corporations, wherever the context so admits or requires.) WITNESSETH, that the Grantor, for and in consideration of the sum of $10.00 in hand paid by the Grantee, the receipt whereof is hereby acknowledged, by these presents does grant, bargain, sell, alien, remise, release convey and confirm unto the Grantee all that certain land, situate in the county of Indian River, State of Florida, to -wit: See attached Schedule "A" TOGETHER with all the tenements, hereditaments and appurtenances thereto belonging or in anywise appertaining, TO HAVE AND TO HOLD the same in fee simple forever. And the Grantor hereby covenants with said Grantee that they are lawfully seized of said land in fee simple; that it has good right and lawful authority to sell and convey said land; that it hereby fully warrants the title to said land and will defend the same against the lawful claims of all persons whomsoever; and that said land is free of all encumbrances IN WITNESS WHEREOF, the said Grantor has signed and sealed these presents the day and year first above written. Signed, sealed and delivered in the presence of: itness Witness STATE OF FLORIDA, COUNTY OF INDIAN RIVER Samuel R. Morri on Gaye S. Morrison I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State aforesaid and in the County aforesaid to take acknowledgment, personally appeared Samuel R. Morrison and Gaye S. Morrison to me known to be the persons described in and who executed the foregoing instrument and they acknowledged before me that they executed the same. WITNESS my hand and official seal in la =fit aforesaid this ,,/ to day of April, 1999, ,t,41�4dp�34 6liij��R e° JJ0 —Public o eta- t wof' Florida �F � ON � 3: � JEAN M. TARBELt W COMMISSION N CC475659 e August 21, 1999 RONIM714RU TROY FAIN INSURANCE, INC. the County and State C:7 Co N un .'mss: - =�:_ — __�.. _• - - c-D Q- -SSTIxo 3?Iow 1333 aWfIbS;1'01£ JNINIVI.NOD JNINNI33S 30 J I1[Od aU OZ .Lq'33 16' .91 30 3JNVJSIQ `d .LSVH .ZO, I £o IZ HMOS 3DNMU tGVO2I M (31VS 30 3NI'I -kSdA130- J.HDrI .LS3AA MU NO JMocl d 011333 66'8£ .d0 3ONV1.SIQ V .LM .Lt ,It-L9 RidoN 30N=i `•Z333 I6,it 30 3JNv1.SIQ `j sam . ££ ,6S o68 H:LaOR 30NMU !GVOZt'M CaVS 30 aNT l XVM-3C)r -JMIU .LS-gM 3M NO JMOd d QIV JNIItOMM 30 JMO(I MU 01 .L3:33 Z£- 9.30.3JN`d.LSIQ �' `t, 1.0'I1.t�'� mAOJ �S 30 aNn H oS 3FI1. Ji10'i'v' IM . CE ,69.68 '° .$I gos.30 . `•3' .Lo i .Ltm1ilmAoD mvS 30 ,aqm o:) .LSVaFi. OS 3H l .LV JMDN3 MOO :SAI0TIQ3 Sy Q3SI2L?S3Q x'I2Td7fZOLLWd 3IIOYY tJNIIg .- `QV02t tII n 1.SY00 .LM VCEMO H 3H.130 .LSa& QN'd anNaAd VN'VISI O 130 Im Dma I - Na ra0ZT."I'l oo mAra IviaAu `.Lm 6£ 3JNYu =os I £ cuHSNMO.L `9'NOLL?3S 30 Z/i :::� HZ(lOS.3HS QN'd `S ZO'I-JlaYMaaAOJ `Y .LO'I .LNM'1i MAOJ NI Ma'I QNY'Z 30 NOLL'dOd y a3moa ML Si ROSMOR KVT! 3 111LLaEDS ihi ORDINANCE NO. O-99-01 AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, DECLARING A PUBLIC NEEO FOR A LAND SWAP; AUTHORIZING EXCHANGE OF SAID LANDS; SETTING THE TERMS AND CONDITIONS OF SAID EXCHANGE; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, it has come to the attention of the City Council that lot lines along Louisiana Avenue do not all run perpendicular to the road right-of-way thereof, and WHEREAS, the City and Sam Morrison, its adjoining neighbor to City property at Louisiana Avenue, have in good faith erected improvements in said vicinity in the mistaken belief that said lot lines were perpendicular to the roadway, resulting in encroachments by City improvements onto the land of Mr. Morrison and vice-versa; and WHEREAS, the City Council finds that it would be in the public interest to exchange lands to reflect the lot lines believed to have been in existence by the parties rather than remove the improvements; and WHEREAS, Mr. Morrison has surveyed the boundary between the properties and the City Council has examined the tax assessments to establish the relative values of thc parcels to be exchanged; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF TIlE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, as follows: Section 1. FINDINGS. Due to the existence of encroaching improvements erecled by the City and Mr. Morrison each upon the land of the other, it is in the public interest to effect an exchange of real property to reflect the boundary believed to be in existence between the properties, Section 2. AUTHORIZATION. The City Council hereby authorizes an exchange of the following described parcels of real property now lying and being within the incorporated area of the City of Sebastian, Indian River County, Florida: See attached Schedule "A". Section 3. CONDITIONS. The conditions of said exchange are that, upon payment by Mr. Morfison of $527.22, the City Attorney shall oversee a closing on the property exchange within thirty (30) days of the effective date hereof., with each party providing a wan'antv deed to the other party and with all recording costs to be paid by Mr. Morrison. Section 4. SEVERABiLITY. In the event a court of competent juhsd~ction shall hold or determine that any part of this Ordinance is invalid or unconstitutional, the remainder of the Ordinance shall not be affected and it 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 this Ordinance without said invalid or unconstitutional provision, thereby causing said remainder to remain in full force and effect. Section 5. EFFECTIVE DATE. This Ordinance shall take efl~ct fi.~llo, wing its adoption and authentication by the signatures of the presiding officer and the Clerk ~' thc City Council. The foregoing Ordinance was moved for adoption by Councilmember ._~._.~ Ihe motion was seconded by Councilmember ~,~,~._... and, upon being put !oa vote, the vote was as follows: Mayor Ruth Sullivan Vice-Mayor Martha Wininger Councilmember Louise R. Cartwright Councilmember Larry. Paul Councilmember Chuck Neuberger of Kathryh M. i~._'Hallfr~n~ ~-MC'/A)~ City Clerk . Seal) The Mayor thereupon declared this Ordinance duly passed and adopted this /,z-~t~ day t,~.~ , 1999. CITY OF SEBASTIAN, FLORIDA Rut]~'~Sulli~a~] Mayor Approved as 'to Form and Content for Rich gtfinger City Attorney SCHEDULE "A" LAND CITY IS TO CONVEY: A PORTION OF LAND LYING IN GOVERNMENT LOT 4, GOVERNMENT LOT 5, AND THE SOUTH 1/2 OF SECTION 6, TOWNSHIP 31 SOUTH, RANGE 39 EAST, INDIAN RIVER COUNTY, FLORIDA, LYING EAST OF LOUISIANA AVENUE AND WEST OF THE FLORIDA EAST COAST RAILROAD, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SAID GOVERNMENT LOT 4; THENCE NORTH 89° 59' 33" WEST ALONG THE SOUTH LINE OF SAID GOVERNMENT LOT 4, A DISTANCE OF 41.91 FEET TO THE POINT OF BEGINNING; THENCE SOUTH 67° 41' 47" WEST A DISTANCE OF 55.37 FEET TO A POINT ON THE EAST RIGHT-OF-WAY LINE OF LOUISIANA AVENUE; THENCE NORTH 21 o 36' 58" WEST ALONG THE EAST LINE OF SAID RIGHT-OF-WAY A DISTANCE OF 22.61 FEET; THENCE SOUTH 89° 59' 33" EAST, A DISTANCE OF 59.55 FEET TO THE POINT OF BEGINNING. CONTAINING 625.85 SQUARE FEET MORE OR LESS. LAND MORRISON IS TO CONVEY: A PORTION OF LAND LYING IN GOVERNMENT LOT 4, GOVERNMENT LOT 5, AND THE SOUTH 1/2 OF SECTION 6, TOWNSHIP 31 SOUTH, RANGE 39 EAST, INDIAN RIVER COUNTY, FLORIDA, LYING EAST OF LOUISIANA AVENUE AND WEST OF THE FLORIDA EAST COAST RAILROAD, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SAID GOVERNMENT LOT 4; THENCE SOUTH 89°59' 33" EAST ALONG THE SOUTH LINE OF SAID GOVERNMENT LOT 4, A DISTANCE OF 6.32 FEET TO THE POINT OF BEGINNING AND A POINT ON THE WEST RIGHT-OF-WAY LINE OF SAID RAILROAD; THENCE NORTH 89° 59' 33" WEST, A DISTANCE OF 41.91 FEET; THENCE NORTH 67°41, 47" EAST A DISTANCE OF 38.99 FEET TO A POINT ON THE WEST RIGHT-OF-WAY LINE OF SAID RAILROAD; THENCE SOUTH 21 o31'02" EAST A DISTANCE OF 15.91 FEET TO THE POINT OF BEGINNING. CONTAINING 310.15 SQUAKE FEET MORE OR LESS. OQC! °GA q J City of Sebastian 1225 MAIN STREET ❑ SEBASTIAN, FLORIDA 32958 TELEPHONE (561) 589-5330 ❑ FAX (561) 589-2566� MEMORANDUM DATE: May 26, 1998 TO: Thomas Frame, City Manager FROM: Martha S. Campbell, P.E. City Engineer a`��""� SUBJECT: Louisiana Ave. Land Transfer for Mr. Morrison Mr. Sam Morrison owns land adjacent to City owned property that is being used by the Police Department for storage of abandoned vehicles. Mr. Morrison is in the process of subdividing and selling his property and had a survey prepared. The survey determined that the city's fence is not entirely on the property line, but the fence is located on the proposed property line. The fence is located so that the City has occupied 310 square feet of Mr. Morrison's land and Mr. Morrison's property occupies 625 square feet of City property. He has requested a land swap with the city. The survey and legal description of the land transfer is attached. According to Community Development Department, the land transfer will require a deed to be prepared and Council action. Therefore, I am turning this matter over to your office for City Attorney and Council action. Mr. Morrison may be reached at 388-1910. Enclosures Cc: Mr. Sam Morrison Ms. Jan King LEGAL DESCRIPTION FOR TAKING: A PORTION OF LAND LYING IN GOVERNMENT LOT 4, GOVERNMENT LOT 5, AND THE SOUTH I/2 OF SECTION 6, TOWNSHIP 31 SOUTH, RANGE 39 EAST, INDIAN RIVER COUN- TY, FLORIDA, LYING EAST OF LOUISIANA AVENUE AND WEST OF THE FLORIDA EAST COAST RAILROAD, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SAID GOVERNMENT LOT 4; THENCE NORTH 890 59' 33" WEST ALONG THE SOUTH LINE OF SAID GOVERNMENT LOT 4, A DISTANCE OF 41.91 FEET TO THE POINT OF BEGINNING; THENCE SOUTH 670 41' 47" WEST A DISTANCE OF 55.37 FEET TO A POINT ON THE EAST RIGHT-OF-WAY LINE OF LOUISIANA AVENUE; THENCE NORTH 210 36' S8" WEST ALONG THE EAST LINE OF SAID RIGHT-OF-WAY A DISTANCE OF 22.61 FEET; THENCE SOUTH 890 59' 33" EAST, A DIS- TANCE OF 59.55 FEET TO THE POINT OF BEGINNING. CONTAINING 625.85 SQUARE FEET MORE OR LESS. LEGAL DESCRIPTION FOR GIVING: A PORTION OF LAND LYING IN GOVERNMENT LOT 4, GOVERNMENT LOT 5, AND THE SOUTH 1/2 OF SECTION 6, TOWNSHIP 31 SOUTH, RANGE 39 EAST, INDIAN RIVER COUN- TY, FLORIDA, LYING EAST OF LOUISIANA AVENUE AND WEST OF THE FLORIDA EAST COAST RAILROAD, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SAID GOVERNMENT LOT 4; THENCE SOUTH 890 59' 33" EAST ALONG THE SOUTH LINE OF SAID GOVERNMENT LOT 4, A DISTANCE OF 6.32 FEET TO THE POINT OF BEGINNING AND A POINT ON THE WEST RIGHT-OF-WAY LINE OF SAID RAILROAD; THENCE NORTH 890 59' 33" WEST, A DIS- TANCE OF 41.91 FEET; THENCE NORTH 670 41' 47" EAST A DISTANCE OF 38.99 FEET TO A POINT ON THE WEST RIGHT-OF-WAY LINE OF SAID RAILROAD; THENCE SOUTH 210 31' 02" EAST A DISTANCE OF 15.91 FEET TO THE POINT OF BEGINNING. CONTAINING 310.15 SQUARE FEET MORE OR LESS. GOV. L` t Si <t�� KLOCK ' F.L [. '�p,lL�C7p.D-to0 �(W 4.,,4e. KLOCa a .LOCK C e 1 ZS.89 3qJ Aox W. 2! ° 3 I`OZ`E5.9I z SET CAP 1 SCE? i 441co -0441(o �r/ \ �` I, SNECfy I v+ \ 1 O STo¢aGE 6Iy(2PGED � �j . Cnuc. tv T'.F EL = 21,0 COLIC.- � — � 4.4.2' — _ — — � � o S,E. CO21-1Ei2 40v'T SEC. 1 cLenrZ L°� 0 �iC1ST iil Ebc�SE N d) ,9 z 4 C SETC0�P :%�'- 441(o N I ! 1 r- Ls Gri 1(w L.11-1K F2-AME 1A• 3S 1040 _N �o t'�7SE0 SAI' I QI � I- � � 021 G � r-lA l_ 5C7JTt•j. L.t'J 20.4' ti�a I • (Lo.�O 'Tb 72E Lie > + 1 • /'� VO< CotJG.. l7�-SFDS� ��fi"�. Lltili= cwa��c ✓.' I`v I D>zwE � �� O� '-P1�—C:pE1LTC.f N 'zI Z�a' 58t1 w Loulsl�,s1�. Nve)'aue - 13o R1W 'O 00, PAYEME,-) NOT VALID UNLESS SIGNED.DATED AND STAMPED WITii EMBOSSED SEAL CERTIFICATE I HEREBY CERTIFY THAT THE. ATTACHZD SKETCH OF SURVEY OF THE HEREON DESCRIBED PROPEPTY IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE AND BELIEF AS SURVEYED UNDER MY DIRECTION. I FURTHER CERTIFY THAT THIS SURVEY MEETS THE MINIMUM TECHNICAL STANDARDS FOR LAND SURVEYING IN THE STATE OF FLORIDA (CHAPTER 61G17-6) PURSUANT TO SECTION 472.07,FLORIDA STATUTES. SUBJECT TO THE QUALIFICATIONS NOTED HEREON. EMT 4 I,/'t T�fdpa�Z, , i >w1Jr>mt \ rs.aa�.► A%vow wo 441E nm mcmw m — ``OS + ruK sup' K S/D .G.ROSE S/D 'n GOV. LOT 4 �= 0 LOCATION II N.T.S. LEGAL. DESCRIPTION: fR Z O 2 HARDEE kSSEE S/D 'B' ENLARGED GOV. LOT 5ARROLL ROBERTS UBDIVISION %__ Ist ADDITION TO = 1 • \CITY OF SEBASTIAN ' Z 1REPLAT OF �BRADDOCK S/D s s� II SEE `5b4__K. oT= Sjinf -{ " SURVEY NOTES: 1. LANDS SHOWN HEREON WERE NOT ABSTRACTED FOR -RIGHTS -OF -WAY AND/OR EASEMENTS OF RECORD. 2. NORTH ARROW SHOWN HEREON IS ORIENTATED AS SHOWN. 3. ELEVATIONS (IF. SHOWN) HEREON ARE RELATIVE TO ASSUMED DATUM, UNLESS OTHERWISE NOTED. 4. REPRODUCTIONS OF THIS SKETCH ARE NOT VAUD UNLESS SEALED WITH AN EMBOSSED SURVEYOR'S SEAL. 5. LEGAL DESCRIPTION SUPPLIED BY CLIENT. 6. BEARING BASE AS SHOWN. 7, SQ. FT. OF HOUSE (IF SHOWN) SUPPLIED BY CLIENT. 8. LEGEND OF SURVEY ABBREVIATIONS ON BACK OF SURVEY. CERTIFIED TO: S �M M o � 15011 i /"�- S�t.JT'1-� L_1 ►.►� o-G Goy i LaT 4- NO�Tt--4 LI«1t of 1l-kS 5 `I'L of 5EcTION (0-31-39 \_ p ,.or $ ITE FLOOD ZONE ` M��TS DATE: REVISION& INT. PANEL No. Izo(91G on'!1 E HAYHURST -LAND SURVEYING INC. oaAwirMeP K.V. 50.0 INDICATES TRUE ELEVATION SURVEYING 8e MAPP$NG COMPANY CHECKED BY. W.E.H..0 % INDICATES PROPOSED ELEV. I THERE ARE NO WELLS OR SEPTICS 1122 OLD 3:)=E HIC;'HWAY SUITE 6-13 FIELD BOOK loci WITHIN 100'UNLESS SHOWN INDICATES LOT DRAINAGE' VERO BEACH. FL. 32960 PAGE N0 (g"IjINDICATESDRAINFIELD r LIVING AREA SQ FT. PHONE: 569-6680 FM3D DATE p Q 2-25- lv LOAMAGT AREA SQ.Fr. (561) DRAINAGE' AREA Q. FT. FAX: (561) 770-3446 SCALE: 111 = 2 d 1 MCI_ R/Rn ELEVATIONS ARE FOR n �y N0; `I S _ I S I J7 CALCULATION PURPOSES ONLY l 4