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HomeMy WebLinkAboutR-90-31 GRANT UTIL EASEMENT SCHUMANN AREA RESOLUTION NO. R-90-31 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; 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. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, that: Sectionl. 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, 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 forwarded by the City Clerk to the County Attorney for recording by Indian River County, Florida. 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 Ail resolutions or parts of resolutions in conflict herewith are hereby repealed.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 3urisdiction 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 ramainder 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. The foregoing Resolution was moved for adoption by Councilman d~_~.~.~ . The motion was seconded by Councilman ~n~, upon being put to a vote, the vote was as follows: Mayor W.E. Conyers Vice Mayor Frank Oberbeck Councilman Robert L. McCollum Councilman Lonnie R. Powell Councilman Lloyd Rondeau 2 The Mayor thereupon declared this Resolution duly passed and adopted this By: ATTEST: Kathry~ M.~ O'Halloran, CMC/AAE City Clerk CITY OF SEBASTIAN, FLORIDA W~.E. Con~~or (Seal) Appr~Form~_and Content: Charles I. Nash, City Attorney 3 ,. , , P~rce #113 F. 140/North County Sewers 8 / 16/g0 (Deeds7) LEGAL(Vk)TP EASEMENT ??.il~(~ THIS .GRANT OF EASEMENT, made and executed this '~ day of(/~..~' , A.D. 1990, by the CITY OF ~)~TIAN, a miJni¢ipal corporation of the State of Florida, whose Post Office address is City Hall, Sebastian, FL 32958, hereinafter cai led GRANTOR, to INDIAN RIVER COUNTY, a political subdivision of the State of Florida, 1840 25th Street, Veto 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 Granter 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 MAD~'A PART HEREOF AND Grantor hereby covenants with said Grantee that the Grantor is lawfully sei'zed of said servlent 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. Grantor~s written, IN WITNESS WHEREOF, the Grantor has hereunto set hand and seal the day and year first abqve Attest: · .;~ · , '~ .-,! / ~ ~ CiTY OF SEBASTIAN, a municipal corporation of the State of Flori~d~-~ (SEAL) STATE OF FLORIDA COUNTY OF INDIAN RIVER ; lc ~. , SWORN TO and subscribed before me by CLERK ~T-~q~ ~]'I'~-~~STIAN, a ~unicipal corporation of the State of Florida, on this ,~. day of /.(~.j'~ , 1990. ' ..... My Commission Expires: SEA #140 ~ DESCRIPTION dF THE PROPOSED 20 FOOT EASEMENT: THE WESTERLY 20 FEET OF TRACT "B"~ANg LOT 9, BLOCK 406, SEBASTIAN HIGHLANDS UNIT #? AS RECORDED IN PLAT BOOK 6, PAGE 6 PUBLIC RE¢OEDS OF INDIAN RIVER COUNTY, FLORIDA. ~Z SPECIFIC PURPO~ SURVEY NOIE', INI$ SURVEY SKETCH I$ t:~F_P~ f7~OM INFO~MA170N SU,~UED BY INOtAN RIVL~ PREPARED FOR NORYM COUNTY SE~ER ,~OUECT ACOUI$1110N ii iiiii IIIII I ii iiI iiiiimqlll MA $ TEL L ER, MOL ER k REED PROFESSIONAL LAND SURVEYORS POST OFFICE BOX 1045 SEBASTiAN, FLORIDA 32958 PHONE 589-4810