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Home My WebLink About2000 Hyatt, Nelson" Tl is document was prepared my PZWfjEWMV &q,, pan and shoed he returned to v ..� B $1(' .QS Q the Cou nay A$aor ney 's Office, s'' IN THE F'ECORDS Or 1840 25th St., Vero Beach, JEFFFEY K. BARTON �eC Florida $2960 My 1R. CLERK CIF;CIJIT COURT rADMN MVER Ede INDIAN P; EH CO., FLA. q THIS INDENTURE, made this day of m,414-2 , G 1p' 2000 between NELSON C. HYATT and MARIE DOLORES HYATT, his wife, D whose mailing address Is 8725 Lakeside Boulevard, #311, Vero Beach, Florida 32963, hereinafter called GRANTOR, and CITY OF SEBASTIAN, a municipal corporation, whose mailing address is 1225 Main Street, Sebastian, Florida 32958, hereinafter called GRANTEE. WITNESSETH: That GRANTOR, for and in consideration of the sum of TEN DOLLARS ($10.00) and other good and valuable consideration to GRANTOR in hand paid by GRANTEE, the receipt whereof is hereby acknowledged, has granted, bargained and sold to the GRANTEE, and GRANTEE'S assigns forever, the following described land, situate, lying and being in Indian River County, Florida: See Exhibit "A" attached hereto and made a part hereof. GRANTOR does hereby fully warrant the title to the land, and will defend the same against the lawful claims of all persons whomsoever. Signed, sealed and delivered in the presence of: printed name: !,/ // 3Q, s L% Nelson C. Wyatt P"ei printed name AcezrGC'1 Signed, sealed and delivered in the presence of: printed name: 1//,1 ✓ ^� t,J Marie Dolores Hya t printed it `Q fi . i 1 STATE OF COUNTY OF The regoing instrument was acknowledged before me this day of bg)9- � , 2000, by Nelson C. Hyatt, who is either personally known to me or has produced ,O ) A_k5 Ggj15-j:z-1_ as identification. c9 NHS w;�� STATE OF 6 Z�AW4 COUNTY OF NOTARY PUBLIC /m 111111 i !��_ V Commission Expiration: foregoing instrument was acknowledged before me this e.91 day of Th , 2000, by Marie Dolores Hyatt, who is either personally known to me or has producedJ�,�S 1ece�sS� as identification. NOTARY PUBLIC MWI V NptARY'`tiy printed e: 4i5 Zv_ 0� " ,SD Commissi n No.: ' �% •......� �o� Commission Expiration: 5' _17_P5 i� v G'.) O co 410 A realigned portion of on 80 -foot right-of-way known as Barber Street. ying party in Sections 20 and 21. Township 31 South. Range 39 Eost. more particularly described as follows; Commence at the East 1/4 corner of Section 20. Township 31 South. Ronge 39 East. o concrete monument. and run N 89'15'40' W. along the 1/4 Section line. a distance of 155.87 feet to a point in the West right -of -way line of U.S. Pfighwoy 1. Then run S 255744' E. along the West right -of -way line. o distance of 503.10 feet to the POINT OF BEGINNING of the realigned portion of Barber Street. Then run S 64'02'16' W. along the North line of the realignment. a distance of 403.24 feet to a point of curve of o 4SO - =fc;t radius curve concave to the Northwest. Then run "ng the curve. through a central angle of 2T00'33'. on ore distance of 216.84 feet to a point of tongency with the existing Barber Street oliignment. Then run S 1'0249' W a distance of 80.00 feet to the point of curve of a 540 -foot radius curve. concave to the Northwest. Then run Along the curve. through o central angle of 27'00'33'. on orc distance of 254.56 feet to a point of tongency. Then run N 64'0216' E o distance of 403.24 feet to o point in the West right -of -way fine of U.S. Highway 1. Then run N 255744' W. along the West right -of -way, a distance of 80.00 feet to the POINT OF BEGINNING. Lying in Indian River County. Florido. Cam? �.J c� C:) CD EXHIBIT-OW Page 1 of 2 OR 1337Pcp79 I xsewn Iw,rfe lrrw of SE 1/4 of SAM 7o -31-39 arli'Io' w Ina;, —N 114 � P.O.C. GRAPHIC SCALE / .w« r G 1 � 120 0 60 120 240 N ( IN FEET ) Nn 1 inch = 120 ft. LEGAL DESCRIPTION 3'+ A reolignad :anon of an 8%laat right- of -wwooyy known as Berber Street, lying party in Sections 20 and 21, Township 31 South, Ran 39 East, more po,iculary described as follows•. q ° l Commence at the East 1/4 corner of Section 20, Township 31 South, Ronge 39 East, o concrete monument. and run N 89'15'40' W. along the 1/4 Section line, a distance of 155.87 feel to o point in the West right -of -way line of \ U.S. H' hwoy 1. Then run S 25'57'44 E. along the West right -of -way, line, o distance of 503.10 feel to the POINT OF BEGINNING of the realigned portion of Barber Street. Then run S 64'02'tli' W, along the North line of the realignment, a distance of 403.24 feet to o point of curve of o 460 -foot qq 1 �\ _ radius curve concave to the Northwest. Then run Along the curve, through a central angle of 27'00'33, on ore distance of 216.84 feel to o point of tongency with g the existing Barber Street alignment. Then run S 1'02'49 W o distance of 80.00 feet to the point of curve of a 540 -foot radius curve, concave to the R G LIN Northwest. Then run Al ong the curve, through o central angle of 2T00'33�, on ore distance of 254.56 feet to a point of tongency. F o, p Then run N 64'02'16 E o distance of 403.24 feet to o point in the West right -of -way fine of U.S. Highway 1. Then run Z N 2557'44' W, along the West right -of -way, a distance of 80.00 feet to the POINT OF BEGINNING. ^ o �, r . Lying in Indion River County. Florida. c ° SURVEYOR'S CERnFICATION 5S 1, Charles A. Cromer, hereby certify that I am o Registered Professional Surveyor mod, and Mapper, licensed to practice in the state of Florida, that this survey was mode on the ground, under my immediate supervision, and that it is accurate and C. PELICAN POINTE correct. I further certify that this survey meets the requirements of the Minimum se Technical Standards as described in Chapter 61G17 of the Florida Administrative Code pursuant to F.S. Chapter 472. There are no visible encroachments except as shown. The lost day of field work was March 16, 2000. Not valid without the signature and the original raised seal of o Florida licensed sury r and mapper. zO&0 �'` / SURVEYED FOR AND CERTIFIED TO Chorles A, Cromer, P.S.1j1. Reg. ®4094 1840 25th St. V ro Beach. FL 32960 THE INDIAN RIVER COUNTY BOARD OF Indian River Couri� Surtteyor; (561) 567 -8000 ,�: C COUNTY COMMI:'SIONERS t N Londs Now or Formerly of Nelson Hyatt .ems l+ B► !t ° ""P! w�IL— a �� SPECIFIC PURPOSE SURVEY W ^ REAUGNED POWflON OF BARBER STREET PREEXISTING ; TO BE DEDICATED TO INDIAN RIVER COUNTY pLIT @pOk �. PLATTt ALIGNMENT q4 AND /OR THE. CITY OF SEBASTIAN ' ABANDONED 00111 RIGHT 74 _ OF _ iawu. HrAY jDACF 9> SCALE: AS Shown APPROVE) BY: DRAWN BY: DATE:4 -7 -00 C. CRAMER B. ROACH To e f MA FIELD BOOK NO.: BROWN 27/6' VACATED BROWN #48/6 ... t PROJECT NO.: 9620 0 c� ffi 44 o 0 J N w J r-0 N &QJ w to 0 wlJ c� 0 c� a Regular City Council Meeting June 28, 2000 Page Two 00.150 00.151 5. AGENDA MODIFICATIONS (ADDITIONS AND /OR DELETIONS) Items not on the written agenda may be added only upon a majority vote of City Council members (R- 99-21) It was the consensus of Council to move item 14 A 00.006 Board of Adjustment - Interview. Unless Waived. and Appoint One Regular Member with Term to Expire 6/12003 to the consent agenda since there was only one applicant. City Attorney distributed revised backup for item 16A 00.157 Resolution No. R -00 -35 - Approving Skydive Sebastian of South Florida. Inc. Sub -Lease to Lyle Presse - Parachute Packing Shop. He said there were no substantive changes. 6. PROCLAMATIONS, ANNOUNCEMENTS AND /OR PRESENTATIONS None. 7. CITY ATTORNEY MATTERS A. Accept Right -of -Way Deed for Barber Street Alignment at U.S. 1 (No Backup) The City Attorney explained that the two right -of -way deeds under his matters were for existing roads. He said he had submitted the recorded deed for US ►Barber to the City Clerk for filing, that the deed for Wave Street is a correction; and advised City Council that it should make a motion to accept the deeds. MOTION by Bishop /Barcryk "I "II make a motion to accept item A." 1 6.1014 wez 14 MOTION CARRIED 4 -0 Mayor Barnes - aye Mr. Bishop - aye Mr. Barcryk - aye Mr. Majcher - aye Mr. Hill - absent B. Accept Corrective Dedication Deed for Wave Street (No Backup) MOTION by Barczyk/Majcher "I move to accept the corrected dedication deed for Wave Street." ROLL CALL: Mr. Bishop - aye Mr. Barcryk - aye Mr. Majcher - aye Mr. Hill - absent Mayor Barnes - aye MOTION CARRIED 4 -0 2 G eJX.v` " ORDINANCE NO. 0 -00 -18 AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, ABANDONING. RIGHT -OF -WAY FOR FORMER ALIGNMENT OF BARBER STREET AT INTERSECTION WITH U.S. HIGHWAY 1; PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABII.ITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, pursuant to an agreement between the City, Indian River County and Nelson Hyatt originally dated January 14, 1997, Hyatt conveyed right of way to City for the realignment of Barber Street as it intersects with U.S. Highway 1; and WHEREAS, pursuant to said agreement, once realignment of the street was completed, City was to abandon the right -of -way for the former alignment; and WHEREAS, said realignment has been completed, and the City Council finds that the right -of -way for the former alignment of Barber Street is no longer needed for a public purpose; NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, as follows: Section 1. RIGHT -OF -WAY ABANDONED. The City hereby abandons and releases its interest in that portion of the right -of -way for Barber Street as recorded in Plat Book 14, page. 97, Public Records of Indian River County, Florida, lying between the right -of -way for U.S. Highway 1 and the right -of -way parcel described in the attached Exhibit "A ", as further illustrated by the survey contained in said Exhibit. Section 2. CONFLICT. All ordinances or parts of ordinances in conflict herewith are hereby repealed. Section 3. SEVERABII.TTY. In the event a court of competent jurisdiction 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 provisions. 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 4. EFFECTIVE DATE. This Ordinance shall become effective upon final passage. The foregoing Ordinance was moved for adoption by Councilmember 4 . The motion was seconded by Councilmember and, upon be' put to a vote, the vote was as follows: Mayor Walter Barnes Vice -Mayor Ben A. Bishop Councilmember Joe Barczyk Councilmember James Hill Councilmember Edward J. Majcher, Jr. The Mayor thereupon declared this Ordinance duly passed an adopted this QZ2—?(, day of August, 2000. CITY OF SEBASTIAN, FLORIDA AT T: Kathryn M. O'Halloran, MMC City Clerk By ) Ali, � av,no Mayor Walter Barnes Approved as to form and legality for reliance by the City of Sebastian only: /� � Rich Stringer—, City A orney A realigned portion of on 80 —foot right —of —way known m Barber Street, lying portly in Sections 20 and 21, Township 31 South, Range 39 East, more particularly described as follows: Commence at the East 1/4 corner of Section 20, Township 31 South. Range 39 East, a concrete monument, and run N 89'1540' W. along the 1/4 Section line, a distance of 155.87 feet to o point to the West right —of —way fine of U.S. tfighway 1. Then run S 2557'44' E, along the West right— of —woy line, a distance of 503.10 feet to the POINT OF BEGINNING of the realigned portion of Barber Street. Then run S 64'02'16' W. along the North line of the realignment, a distance of 403.24 feet to o point of curve of a 460 —foot radius curve concave to the Northwest. Then run Along the curve, through o central angle of 27"00'33', on are distance of 216.84 feet to a point of tongeney with the existing Barter Street ofignment. Then run S 1'02'49' W o distance of 80.00 feet to the point of curve of o 540 —foot rodius curve, concave to the Northwest, Then run Along the curve, through o central angle of 27"00'33', on arc distance of 254.56 feet to o point of tongency. Then run N 64'02'16' E o distance of 403.24 feet to a point in the West right— of —woy fine of U.S. Highway 1. Then run N 25'57'44' W, along the West right —of —way, o distance of 80.00 feet to the POINT OF BEGINNING. Lying in Indian River County, Florida. 0 C� —J v n O v EXHIBIT ;A" Page 1 of 2 4 pq n t n ;QjJ3 QR 13 3 7 PGUIi5 0wrm u. or se V4 of sic ao -n -7v —rr aTra'�o• ► Esser Cr . v' Lr6on li. GRAPHIC SCALE 120 0 60 120 240 IN FEET ) 1 inch = 120 fL et A reNlg3md porlbn f a Bo -fool dghf -of-wvy kwwa a Sorter %:wat. lybr9 portly in 5eciba 20 and 21. a TOwmND 31 South. Range 79 Eal, moro porlloularly dewedbed a foeosrs _ w commenee of the Eat 1/4 tamer of Spcl'run 20. Towmhip 31 South. Rorp4 39 Eat. o le urrent, m run U N HB7p15o4y0; W, along the 114 Section Em. o dates a of 15597 feet to o point in IM Wal dght -of-wry 8ne of ,� run \ S 2557'40' E, along IM West right -of -way rue, Solanc, 503.10 feel o of W the Paa4T OF BEGINNING of the reafpned portion of Barber Slreel. Then Nn y 5 84'02'16' W, ok" the North tine of the roofpnment• o diatoms of 403.24 feel to a point of curve of 0 480 -fool 4 roc Runinq uM cone'shrtoor qtthe Nodh—L Then run the Berber Slreeth central en9lo al 27'00'33', a arc Totems of 21694 feel to a point of tangency with \ esis� aEg enl. Then Nn 5 1'02' 9' W e distance of 80.00 fact to the point of curve of u 540 -foot realm tune• cantors sue e `A Northwest. Than run P G G N 3 Akng the curve, through o central angle of 27'00'33• on arc distance of 25456 fact to a point of tongency. Than run an + N 64'02'18' E o dinlance of 403.24 Inel to o point In the Wml right- ol-way Gne of V.S. 16ghwry 1. ihen run N 25'57'44• W, along the Wet dghl- of -way, o afslcneo of 80.00 fact b the POINT OF BEGINNING. + O I Lying In butian it— caanty. Florida. �$ n a ��e s•� /��esrt� � fru� SURVEYO �J `rEKFFIM 7M tL c I, Chadds A Cromer, hereby certify that I m Rsgialered Professional Surveyor •aa p and Mapper, licensed to practice in the stole o! Florida, that this survey was made on the ground, under my immedtole supervision, and that it Is accurate and S correct. 1 further certify that this survey meets the requirements of the Minimum 5. PEUCIW POINfE Technical Standards as described in Chapter 61G17 of the Florida Adm'aiistrative QOM j Code pursuant to F.S. Chapter 472. There are no visible encroachments except 4, 3 03 shown. The lost day of neld work was March 16, 2000. - o Not 'slid without the yignolure and the original raised seal of o Florida licensed a—Ld :�� n'� � o se Q Charles S C/amer, P.S.Y. Rgg SURVEYED FOR AND CERTIFIED TO CY -#4094 1840 25th St, V Beach, FL 32960 Indian R'Wer P,troun Surgeyor� (561) 567 -8000 r THE INDIAN o r RIVER COUNTY BOARD OF m T E' • Londs'NoW`or Formerly of Nelson Hyatt � t. COUNTY COMMISSIONERS e a try s 4• s^ SPECIFIC PURPOSE SURVEY w 5 5 _ PREEXISTING \ \ s^ REAUGNm PORTION OF BARBER STREET PLATT ALJCNMEM PUT BOOK ABANDONED VQ TO B DEDICATED UNtt _- f RfcrY>• T __ _ _ AND/OR CITY OF SEBASTIAN OF _ 4•w W WAY P,IO f B� \ SCALE: AS Shown n APPROVED BY: DRAWN BY: ?0 arE 4 -7 -00 C. CRAMER 1 B. ROACH Bf VACATED FIELD BOOK NO.: BROWN #27/67 4 pq n t n ;QjJ3