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HomeMy WebLinkAboutR-90-28 GRANT AIRP SEWER EASEMENTRESOIJ3TION NO.: R-90-28 A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AUTHORIZING THE MAYOR AND THE CITY CLERK TO SIGN, ON BEHALF OF THE CITY, A GRANT OF PERPETUAL EASEMENT IN FAVOR OF INDIAN RIVER COUNTY, FLORIDA FOR UTILITIES, CONDITIONED ON THE APPROVAL OF THE FEDERAL AVIATION ADMINISTRATION; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Indian River County, Florida, has requested that the city grant it a perpetual easement for utilities on land owned by the city; and WHEREAS, the City Council of the City of Sebastian, after reviewing the proposed Grant of Easement submitted by Indian River County, Florida, for its approval, and after engaging in deliberations, has determined that it would be in the best interest of the City of Sebastian and its citizens, and in furtherance of a valid municipal purpose, for the City of Sebastian to grant the perpetual easement for utilities on land owned by the City as requested by Indian River County, Florida, subject to the approval of the Federal Aviation Administration relative to the portion of the perpetual easement that will pass over a portion of the Sebastian Municipal Airport. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, that: Section 1. AGREEMENT. The Mayor and the City Clerk of the City of Sebastian, indian River County, Florida, are hereby authorized to sign, on behalf of the City, the proposed grant of easement proposed by Indian River County, Florida, subject to the approval of such grant of easement by the Federal Aviation Administration, a copy of the proposed grant of easement having been attached to this Resolution as Exhibit "A" and by this reference is incorporated herein. The original grant of easement shall be forward by the city Clerk to the County Attorney for recording by Indian River County, Florida, after the City receives the written approval of the grant of easement from the Federal Aviation Administration. Section 2. CONFLICT. Ail resolutions or parts of resolutions in conflict herewith are hereby repealed. Section 3. 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 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 Resolution without said invalid and unconstitutional provision, thereby causing said remainder to remain in full force and effect. Section 4. EFFECTIVE DATE. This Resolution shall take effect immediately upon its adoption. 2 The foregoing Resolution Councilman by Councilman was vote, the vote was as follows: moved for adoption by . The motion was seconded and, upon being put to a Mayor W. E. Conyers Vice-Mayor Frank Oberbeck Councilman Robert L. McCollum Councilman Lonnie R. Powell Councilman Lloyd Rondeau The Mayor thereupon declared this Resolution duly passed and adopted this ~day of /~7~LJ~"/J , 1990. 0 ATTEST: KathrY~/M. O'Halloran, CMC/AAE City C]ferk CITY OF SEBASTIAN, FLORIDA By: .~Co ~/~ W. n or (Seal) App to Form and Content: ~ha-~s Ian Nash, City Attorney 3 #90-3339(A&D)/North County Sewers 7/90(Deeds7)LEGAL('Vk)T~ THIS GRANT OF EASEMENT, made and executed this day of , A.D. 1990, by the CITY OF ~TIAN, a m~F~F~[ corporation of the State of Florida, whose Post Office address is City Hall, Sebastian, FL 32958, hereinafter called GRANTOR, to INDIAN RIVER COUNTY, a political subdivision of the State of Florida, 1840 25th Street, Vero Beach, FL 32960, hereinafter called GRANTEE. (***Whenever used herein, the terms GRANTOR and GRANTEE include all the parties to this instrument and their heirs, legal representatives, successors, and assigns.) WITNESSETH: That Grantor for and in consideration of the sum of TEN DOLLARS 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 perpetual easement for utilities over, across, and beneath the following described land, situate in Indian River County, Florida, to-wit: EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF 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. C I TY OF SEBAST ! AN, a municipal corporation of the State of Florida (SEAL) STATE OF FLORIDA COUNTY OF INDIAN RIVER ./ .SWORN TO aqd, subscribed be fore me by /~,~. ~~ and ,~,l~lJl~ jl,,~.~'~.~,~respectively as MAY~--~--r~I-'TY I c oration of CLERK-~t~Te--~T'I'~-C/~-~'LL'~ASTIAN'~municipa ~ the State of Florida, on this ~t/~_~_ day of _ , 1990. My Corrrnission Expires: DESCRIPTION: A 10' WIDE EASEMENT FOR UTILITY PURPOSES COMMENCING AT THE EAST CORNER OF'SECTION 29 OF THE FLEMING GRANT; THENCE S45 O0'O0"W ALONG THE FLEMING GRANT LINE 760.88 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE S45 O0'O0"W ALONG SAID FLEMING GRANT LINE, lO.bO FEET; THENCE N44 41'57"W, 36.60 FEET; THENCE $45 02'38"W~. 380.52 FEET; THENCE S44 45'44"W, 591.08 FEET; THENCE S42 56'44"W, 68.27 FEET; THENCE S48 11'39"W, 87.84 FEET; THENCE S45 04'56"W, ~554.93 FEET; THENCE S49 18'56'W, 147.55 FEET; THENCE S45 O0'O0"E, 15.00 FEET; THENCE.S45 O0'O0"W, 35.00 FEET; THENCE N45 O0'O0"W, 27.67 FEET; THENCE N49 18'56"E,. 183.03 FEET; THENCE N45 04'56"E~ 554.83 FEET; THENCE N48 11'39#E, 87.65 FEET; THENCE N42 56'44"E, 67.97 FEET; THENCE N44 45'44"E, 591,26 FEET; THENCE N45 02'38'"E, 390.59 FEET; THENCE S44 41'57"E, 46.60 FEET TO THE POINT OF BEGINNING. CONTAINING 0.45 ACRES MORE OR LESS. ALL OF THE ABOVE LYING AND BEING IN INDIAN RIVER COUNTY, FLoRiDA. 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