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Home My WebLink AboutR-13-113120130043875 RECORDED IN THE PUBLIC RECORDS OF JEFFREY R SMITH, CLERK OF COURT INDIAN RIVER COUNTY FL BK: 2684 PG: 1806 Page 1 of 5 7/5/2013 3:27 PM RESOLUTION NO. R -13 -11 A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, ABANDONING A PORTION OF THE PLATTED RIGHT -OF -WAY FOR 10TH STREET (MADISON STREET); PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Steve Neveleff, on behalf of Remington Stewart LLP, has filed an application for abandonment of a portion of the platted right -of -way for 10th Street, now know as Madison Street, lying west of U.S. Highway 1; and WHEREAS, Remington Stewart LLP, owner of property north, west and south of the subject portion of Madison Street, has entered into a Cross Access Easement with Plaza One, LLC, owner of property south of Madison Street to provide a mutual ingress and egress easement with maintenance and upkeep provisions provided therein; and WHEREAS, staff analysis finds that with the Cross Access Easement executed, no significant public purpose exists for the use of said right -of -way, and the public interest would best be served by returning the property to the tax rolls; and WHEREAS, the City Council has conducted a public hearing on the matter following due and proper notice; NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF SEBASTIAN, as follows: Section 1. FINDINGS. The City Council makes the following findings: (1) No current use of the right -of -way beneficial to the public interest exists; (2) No projected future use or re -use of the right -of -way beneficial to the public interest exists; (3) No adverse impacts on public services caused by the proposed vacation now or in the future can be identified; and (4) No adverse impacts to adjacent properties as well as major areas or land uses currently benefiting from a public service or system that uses the subject right -of- way can be identified. Said findings are conditioned upon full execution and recording of the Cross Access Easement between Remington Stewart LLP and Plaza One LLC. Section 2. RIGHT -OF -WAY ABANDONED. The City hereby abandons and releases its interest in that portion of the right -of -way for l 01h Street (Madison Street) dedicated in the Amended Plat of Ocean Breeze Heights Subdivision as described in the attached Exhibit "A ", conditional upon full execution and recording of a Cross Access Easement between Remington Stewart LLP and Plaza One LLC. Section 3. CONFLICT. All resolutions or parts of resolutions in conflict herewith are hereby repealed. Section 4. SEVERABILITY. In the event a court of competent jurisdiction shall hold or determine that any part of this resolution is invalid, unconstitutional or results in a taking of private property, 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, confiscatory or unconstitutional provisions. It shall further be assumed that the City Council would have enacted the remainder of this resolution without said invalid, confiscatory or unconstitutional provision, thereby causing said remainder to remain in full force and effect. Section 5. EFFECTIVE DATE. This Resolution shall take effect immediately upon its adoption. The foregoing Resolution was moved for adoption by Councilmember Hill The motion was seconded by Councilmember Wright and, upon being put into a vote, the vote was as follows: Mayor Bob McPartlan Vice Mayor Don Wright Councilmember Jerome Adams Councilmember Andrea Coy Councilmember Jim Hill aye aye aye aye aye The Mayor thereupon declared this Resolution duly passed and adopted this 26`" day of June, 2013. CITY OF SEBASTIAN, FLORIDA By: z Bob McPartlan, Mayor Exhibit "A" Sketch of Legal Description for Overall Madison Street Abandonment at the Ocean Heights Site Sebastian, Indian River County, Florida Sheet 1 of2 Not Valid Without All Sheets SURVEYORS NOTES 1) THE BEARING BASIS IS THE NORTH SAID LINE BEARS N6446'48 "E. 2) THIS SKETCH EXISTS SOLELY FOR WHICH IT IS ATTACHED. 3) ALL DIMENSIONS ARE CALCULATED 4) THIS SKETCH MEETS THE MINIMUM OF PROFESSIONAL LAND SURVEYORS IN SECTION 472.027, FLORIDA STATUTES. ►fte1:1011C RIGHT -OF -WAY LINE OF MADISON STREET. THE PURPOSE OF ILLUSTRATING THE LEGAL DESCRIPTION TO UNLESSS OTHERWISE NOTED. TECHNICAL STANDARDS AS SET FORTH BY THE FLORIDA BOARD CHAPTER 5J -17, FLORIDA ADMINISTATIVE CODE, PURSUANT TO R/W RIGHT -OF -WAY NO. NUMBER R RADIUS L LENGTH CH CHORD DISTANCE CB CHORD BEARING PSM PROFESSIONAL SURVEYOR AND MAPPER d DELTA N NORTH S SOUTH E EAST W WEST LEGAL DESCRIPTION A PORTION OF MADISON STREET (107H STREET PER PLAT), AS SHOWN ON THE AMENDED PLAT OF OCEAN BREEZE HEIGHTS, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 2. PAGE 7, OF THE PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS; BEGINNING AT THE NORTHEAST CORNER OF LOT 4, BLOCK 9, OF SAID AMENDED PLAT OF OCEAN BREEZE HEIGHTS THENCE NORTH 25'13'12' WEST ALONG THE EAST LINE OF PREVIOUSLY ABANDONED MADISON STREET AS RECORDED IN OFFICIAL RECORDS BOOK 1840, PAGE 180, PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA, A DISTANCE OF 80.00 FEET TO THE NORTH RIGHT -OF -WAY OF SAID MADISON STREET,• THENCE NORTH 64'4648' EAST ALONG THE SAID NORTH RIGHT- OF-WAY LINE OF SAID MADISON STREET, A DISTANCE OF 236.68 FEET TO THE WEST RIGHT -OF -WAY LINE OF U.S HIGHWAY NO 1; THENCE SOUTH 36%10'44" EAST ALONG SAID WEST RIGHT -OF -WAY LINE, A DISTANCE OF 81.63 FEET TO THE SOUTH RIGHT -OF -WAY LINE OF MADISON STREET; THENCE SOUTH 64W'48" WEST ALONG THE SOUTH RIGHT -OF -WAY LINE OF SAID MADISON STREET, A DISTANCE OF 252.90 FEET BACK TO THE POINT OF BEGINNING. CONTAINING 19,583.79 SQUARE FEET OR 0.45 ACRES MORE OR LESS SKLIGH Uk LLGAL UES(;HIH IIUN Drawnby: Checkedbyl Filename Date Scale I Drawing Name "This is NOT o Boundary Survev" I CJG I DMT 1 6251.0' 1 5/20/2013 N/A I 6251- 01LEGAL1 lYlastelleY Molex Reed iP Taylor, Inc. PROFESSf0%4L SERYEYORSANDALMPERS AL 4"SURYEY7NGffUSI1VESS# "4' 1655 27th Phone: Street, Suite 2 Vero Beach, Florida 32960 (772) 564 -8050 Fax: (772) 794 -0647 w NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINA AISED SEAL OF A FLORIDA UCENS RVEYOR AND MAPP R. DAVID TAYLOR P.L.S. 5243 Exhibit 'A r, Sketch of Legal Description for Overall Madison Street Abandonment at the Ocean Heights Site Sebastian, Indian River County, Florida Sheet 2 of2 Not Valid Without All Sheets NORTH SKL I UH UF- LLUAL ULSC;K11� HUN Drawn by: Checked by File name Date I Scale Drawing Name "This is NOT o Boundory Survev" I CJG I DMT I 6251.01 5/21/2013 1 " =50' 6251- 01LEGALI 1Ylastellet-,lYlole�, .Reed cP Taylo,; Inc. PXOFESSIAVW SEWPF.Y0"- 4"ff,,4PPERS AILND SEW YEYI VG, &FS"ffSShW44 1655 27th Street, Suite 2 Vero Beach, Florida 32960 Phone: (772) 564 -8050 Fax: (772) 794 -0647 NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENS S RVEYOR AND MAPP DAVID TAYLOR P.L.S. 5243 I 3120130042963 RECORDED IN THE RECORDS OF JEFFREY R. SMITH, CLERK OF CIRCUIT COURT INDIAN RIVER CO FL SK: 2683 PG: 13611, 7/112013 12:52 PM SCHEDULE 1 I his Irlstrimient tvas Prrpared by attd Should be Returned to; Gene H. Godbold. Esq. GOODBOLD, DOWNNIG R BYLL, P.A. 222 West Comstock Avenue, Suite 10 Winter Dark, Florida 32789 rHms i-mm RJR KFCAJf(niNu U11'rn !--- ^_'-'-- ----- ••._..- - - -' -- CROSS ACCESS FASE.114ENT THIS CROSS ACCESS EASEKENT is made and claWred into this 4:1 ay of uN P— ,1 -013, by and between REMINGTON STEWART LLP, a Florida limited liability partnership, having, an address of 817 Douglas Avenuc. Suite 177. Altamonte Springs, Florida 32714 ( "RS ") and PLAZA ONE LLC, a Florida limited liability company, having an address of 1060 21' Street, Vero Beach, Florida 32960 ( "PLAY -A "). RECITALS: A. The parties hereto each own one -half of the ab.mdoned right of way of Madison Strect contiguous to their property. 13. In connection with the utilisation of their property the parties are desirous of establishing a mutual ingress and egress easement over the Exhibit "A" property attached hereto and by reference incorporated herein (the `Fasernent "). NOW, THEREFORE, KNOW ALL l+v1lEN BY THESE PRESENTS that the parties hereby declare and establish in perpetuity a mutual easement For access over, under, and above the Exhibit "A" Property, subject to the terms and provisions hereinafter set forth. 1. The upkeep and maintenance of the Easement shall be responsibility of RS. RS has ilze right to extend the existing improvements (Driveway) existing on the easement to access the property o"med by IBS. 2. The above grant and Easement shall constitute a covenant€ rustning with the land and shall be in perpetuity unless mutually extinguished by the owners of the abutting property. 3. In the event any damage or destruction of the Easement is caused by an owner(s), their invitees, guests, tenants, or licensees, such repair and maintenance shall then be the sole responsibility of such party_ In the event any owner(s) does not pay his share of upkeep and maintenance, the other owners) may undertake to repair the Easement and shall then furnish the amount due and owing to the owner(s) not then contributing to the upkeep and maintenance. If such anmottrtt is not paid within thirty (30) days after the date of notice, such shall bear interest from the due mate at the rate of twelve percent (12 %) per annum and the praying owner(s) may bring an action at law against the outer owner(s) and file in the Public Records a Notice of Lien and foreclose the lien against the properly to which the indebtedness relates. Such lien sball run with the land and bind subsequent owners with or without actual notice. Interest, cost and reasonable A TRUE COPY CERTIFICATION OIL LAST PACE I.R. SMITH, CLERK SK, 2683 PG: 1361 aftomey's fees for such action ar foreclosure shall be secured by such lien and may be recovered in such litigation by the paying owner(s). 4. This Agreement shall be binding upon the parties hereto, their successors and assigns, and constitutes the entire agreement between the parties. 5. If any legal action or other proceeding is brought for the enforcetneut of this Agree- ment, or because of an alleged dispute, breach, default or misrepresentation in connection with any of the provisions of this Agreement, the successful or prevailing party shall be entitled to recover reasonable attorneys' fees and other casts incurred in that action or proceeding, including those relating to appeals or bankruptcy, in addition to any other relief to which it may Fie entitled. Both parties agree that the sole venue for any such litigation shall be Indian River County, Florida. 6. Each party shall deliver any further instruments and take any furdier action that may be reasonably requested by the other in order to carry out the provisions and purposes of this Agreement. 7, This Agreement shall he governed by and construed in accordance with the laws of the State of Florida. rN WITNESS WHEREOF, the Parties have hereunto set their hands and seals as of the day and year first above written. Signed, settled and delivered in die presence of: REMINGTON STEWART LLP, a Florida limited liability partnership By: Print V amY n4- A-,.,, Print Name: As i (Print Title) A TRUE COPY CERTIFICATION ON LAST PACE J.R. SMITH. CLERK BK: 2683 PG: 1362 STATE OF FLORIDA COUNTY OF The foregoing instrument was ackno lodged before me this 1 � day of a 2413, by Cxr ,rte 4 �,kC I�.,4,,, of REMINGTON STEWART LLP, a Florida lirn °ited liability partnership, on behalf of said entity, who is[ ] personnRy known to me or [ ]produced �7vc as identification. PU„ MATTHEW J SZABEI� Nalary Public - State of Flprlda Nputry Public Notary : MY Comm. &pins Feb B. 2014 CUTriirliSSi {YLt Expires: r�r 'a`c� Commission # DO 957083 Bonded Triroogh National Notary Assn, PLAZA ONE, LLC, a Florida limited liability company, h a L�: P m • STATE OF FLORIDA � COUNTY OF The ore oin instrument was acknowledged before me this �y of Oq 2013, by 1 � nip J,� Ke.,,.6-,r of PLAZA ONE, LLC, a Fl ride limited liability company, on behalf of said Mti& who is or [ ] produced as icrentification. Notary ublic ,z Notary Stamp Commission Expires; ' FEW M. Cox h aav M1U*N t DD g9EA16 a - EXPIRES: February 23,20 14 $r x FlandadibruNotwY Pubic lln6enMSas F 1,JSER$XFFrcddcklCneg PalkalRa kWm Slcwnn Ptazacros3hc=F;ascmet[ (Rev 3.18- 13 )c4ran (5- 3- 13).do= A TRUE I OPY CERTIFICATION ON LAST PAGE J.R. S W-N, GLLRK [3K: 2683 PG: 1363 Exhibit „A" Sketch ofLegai Description for higressIEgress Easement at the Ocean Heights Site Sebasdar4 Indian River County, Florida Sheet f of? Mot Va)id WiLhow All S1TvrLe 1) THE BEARING BA9S IS THE NORTH .RIGHT —OF —KAY VNE DYE WAOISON STREET. SAID LINE GEARS N64146.46'E, 2) THIS SKETLH EXISTS SOLELY FOR THE PURPOSE CF )LLu5TIRAPUG THE LCGA. DCSCROraN To %HIGH IT 15 ATTACHED. 3) &C DUEN9CNS ARE CALCULARED UNLCSSS C)-IERKISE NOTED. 4) THIS SKETCH MEETS THE MjWAfUM TECHNICAL STANDARDS AS SET FORM BY THE rIMLPA WARD OF PROFESSIONAL LANO SLIRVE'rWS JU rAAPTFR 5J -17. F'LOPOA AL`MrIJ155IAT114 CWk, PLIMAN7 TU SECTION 472027• FLCW)DA STATUTES. LEGMU R/w RJ{.'Fi f T- OF- W.d Y NO t"SER R RADIUS 25' 1a' r2 W LENGTH 01 CHORD INSTAN+.X C9 CHORD OCARINO P-w PROFESS)ONAL SL1RWYOR AND MAPPER A DCL TA N NOR TH a SOUTH E EAST 41 KST LINE TABLE IJME J LENGTH DvREC1iC1N L2 C[ 25' 1a' r2 W LJ JOO 36' 4Q' 44 L1 1.5.OD 2 5, T3' 72'w CUR VE TABLE CUPW / LENGTH ! RAD)US DELTA C[ 2B,58 75.00 1012733' C2 20.56 1.5.OD 078:77'27' LEGAL SaME120 A PWTTCN OF MADISON SnMrr [fM STRaT PER PLATj. AS SP *fJ ON THE AWJiDED PLAT OF OCEAN 9R£ETF HETGHM ACCWTDFid TD ThE PLY THEREOF, AS RECORDED SY PLAT BOOK 2. PACE 7, OF THE PU&JC RECYi S Or ROAN MM? iXY.MTY• n4ftA, AND 804 MORE PAUTI7C A ABLY Dt SCRM AS FOUO a A T THE NO "h--AS COW41DR aF LOT Z 8L= 9, GF SA10 AMENOM PLAT OF OCEAN WEEZE HE)GHM T)- n NX& 257312' REST ALONG THE' NORNM£S'TEERLY EX7015>Lkf OF INE EASTERLY U W OF SAID LOT 2 A USTANCE OF 27.50 FEET TO THE' P4aafr OF 8E6i iwa TNEMCE Cwwve NORTH 24`f3'fV wLsr ALONG W Davi51L1N LOC A DT5rANCE OF 210D FLET,• THENCE NORM 64W'46- EAST " PARALLEL WIN THE SOUTHERLY PJCHT OF WAY WE OF SAW MAD ON SMXT, A DISTANCE OF 13151 FE'Er TO A PC1NT OF OUJnV TO THE L&FT RAW16 A RADWS OF 1100 FEET ANO A CENTRAL ANGLE OF' 10T27`3,r.- 7T"CiF A4WTHERLY ALOW THE ARC A &STANCE OF 20-56 FaEY TO AN 1140SECTILIN Wn+ THE HEST RK WT-CF -WAY LR& OF U& N1OMAY I AS IT PREMNRY Z=74 rHMCE vOUrrI 3OW44' EAST ALONG SAO IfE;SSr mGKT- aF -N!AY L>fYE'. A MSrANCE OF 66.12 FEET 7a THE PONT OF CMVE OF A NON TANGENT GYWW TO PC LUT.. OF W*CN TW RAMS PMT L+'S SWTH 5,7706' HEST, A RAOIAL DISTANCE Or 1540 FEET: TNFIYGE %ESTERLY ALOW TW ARG, n4T%7H A CENTRAL ANaZ OF 79'3227. A iri.STAWr OF X56 FLEET TO A PQWr SAO PINT BOW 2750 FEET NORMNES MY. AS RIEA SHIED PETPINOrCUAR TT; THE SARI SM1FETi EY &Gf fT OF MAY LNE Ir YALYSON 5?RErT, TWICE SOUTH 64i0'48• %EST AND PARALLEL iWTH THE SAJTH0LY RGHT OF WAY LIr+E' OF SATE MALI" STREET.. A DISTANCE CIF 13'3.06 FEET TO TW PONT Cr 909049+ CWTAINNG A7MM SQUARE FM OR 0.05 At ^c' 11W OR LESS. SKETCH OF LEGAL DL5CF41P1IUN Orakn by- Chetikad br File rt a gale Scale Draviaq 4ame "This is NOT v Boundary Survey" L!G OHT 425101 3/672413 H/A I GIS1- PILESAL Masleller` Malec -Reed & Ta)vlorr, Ixrc. NOT RION Iii RAISED THE S1Gl7dT1JRE W AND : } } TFSE {9ltlfdNdt iL415ED �di OF d FUdR10A PA49F =40 YLS4ti, ?F2rF0 .4)V.yl'1i AUPPL'RS LICENSQI- VEYOR AND )AAWEX _ �,/ L�If' D. f' UJPi�'i11VC8U,5!r1'A�S`S'�41W4 '•�.4 1655 27th Streai. Suiln 2 Vero Beoch, Florida 32960 ' Phony X772) 564 -8450 Fax: (772) 794 -0647 `DA14D TAYLOR P 9243 A TRUE COPY CE2 i iRICATION ON LAST PAGE J.R. Swli t4, CLERK BK: 3683 PG: 1364 20 19 f T Exhibit "A " Stretch ofLegal Description for Ingress /.egress Easement at the Ocean Heights Site Sebastian, fndian giver County, Florida 9hw 2 of 'A' Not valid WithGWAi1 Shocts 22 2 \1 �3v-t r_ 80,1� PCT flF BEI�9Vl+�NG—, PONT % cgLWENMCa?ETIT —f QT 22 f, rd r" 9 3 �rrUn ur LCUAL vtaUffff'1 /UV Drawn by, Qieckad 'This is NOT a Boundary Surer" Cz OHT r Masteller, Mater, Reed & 7aylar, lira RAM MM W,a VL'�l''+� .PG0'�i'rl, VD. rV,JPP,W A [!i1'�S`LRf2°i'l�'ViCrBLiFL1r f MW ; J 5 27th Street, SUfte 2 Vern Beach, FlMda 32984 Phonx (772) 564 -8050 Fax. (772) 794 -0547 File name pah$ 625tGT 318120 / / I IAI \N NORTH �x r f� ✓' � State I Draw►n9Name NOT VALID WTMOUI THE WHATLIK ANO THE MONAL RAISED SEAL OF A FLORIDA LI f VC" AND MAPPER, {7AiM1[i TAYLOR P. 43 STATE OF FLORM INDIAN RIVER {OURTY THIS IS TO CERTIFY THAT.TIIII KINK AND CORRECT COPT OF TNE ORIGINAL OR FILE ININISOFFI[E.THIS