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Home My WebLink About2006 - Bellsouth EasementSTATE OF FLORIDA COUNTY OF INDIAN RIVER Parcel ID # 31382500001282000000.2 Return document to: Jim Cox 5360 NW Nassau Lane Port St Lucie, FL 34983-3312 EASEMENT For and in consideration of One dollar ($1.00) and other good and valuable consideration, the adequacy and receipt of which is hereby acknowledged, the undersigned owner of the premises described below, hereinafter referred to as Grantor, does hereby grant to BELLSOUTH TELECOMMUNICATIONS, INC., a Georgia corporation, its licensees, agents successors, assigns, and allied and associated companies, hereinafter referred to as Grantee, an easement to construct, operate, maintain, add, and/or remove such systems of communications, facilities or related services (collectively "Grantee's Equipment") as the Grantee may from time to time require upon, over, and under a portion of the lands described in PB 7, page 56C, Indian River County, Florida Records,. that tract or parcel of land lying in Section 25, Township 31 South, Range 38 East, Indian River County, State of Florida, consisting of a parcel of land 12 ft. x 16 ft. more particularly described as follows: See Exhibit "A" along with appurtenant uses in furtherance thereof including but not limited to ingress and egress from said easement at all times; the right to clear the easement and keep it cleared of all trees, undergrowth, and other obstructions; the right to place and maintain an electric supply to Grantee's Equipment; the right to place and maintain temporary generators to power the Grantee's Equipment during commercial power outages; and the right to relocate the Equipment within the easement area to conform to any future highway relocation, widening or improvements. To have and to hold the above granted easement unto BellSouth Telecommunications, Inc., its licenses, agents, successors, assigns, and allied and associated companies perpetually from the date hereof. Grantor warrants that grantor is the true owner of record of the above described land on which the aforesaid easement is granted. IN WITNESS, whereof, the undersigned has caused this instrument to be executed on this /3�" ita of September, 2006. / / 1 Signed, sealed, and delivered in thepoijence of.. Sally A. Maio, C City Clerk Approved as to form and legality for Re ' y City of Sebastian only: RiEa Stringer, City Attorney "s, State of Florida County of Indian River SEBASTIAN III I HEREBY CERTIFY that Alfred A. Minner, III who personally known to me and did not take an oath, personally appeared before me this r ��l day of September, 2006, and acknowledged that he executed the forgoing instrument as City Manag pi -9 ja Sebastian, and that he was authorized to do. ��` �Q,a�`g � 0 %sex o4� 0,V WN WITNESS my hand and official seal in the County and State last aforesaid this �3� day of September, 2006. _= �� 29,�q,� (JL�WC �N : Z ; #DD172594 r oQ Public �'��A•'�:..°t�::%' F��`�� •.UBL/C STK�� `� Grantor's Address: City of Sebastian 1225 Main Street Sebastian, FL 329584165 Grantee's Address BellSouth Telecommunications, Inc. 3300 Okeechobee Road, Room 237 Ft. Pierce, FL 34947 TO BE COMPLETED BY BELLSOUTH TELECOMMUNICATIONS, INC. District Wire Center Drawing Location Plat Number Authority R/W Number Approval Title EXHIBIT "A' P.O. C.51 " NORTHEAST TRACT A CWNER OF r (PER PLAT) TRACT *13" loe P-0.8. *S55,39140"1N 110, S5539*40"W 6-00' 12-0(Y N34"20120jeW -0 16.000 I 1p -ro .11 -bbc IZ 4) ro Iss (0-0 TRACT "S" (PER PLAT) 00-0100, SCALE 1 **=30" .0po, 1100-10 LEGEND R/W RIGHT—OF—WAY P.13- PLAT BOOK LAWE UWTY & DRAINA6C EASEMENT POC POINT OF COMMENCEMENT P08 POINT OF BEGINNING PER PLAT PLAT OF SEBASTIAN HIGHLANDS UNIT 11 VAS Z NOT A SURVEY. 0 SE7 #5 IRON ROD & CAP L87056 R . EVISI DESCRIPTION DATE SKETCH OF DESCRIP110N I ONI MODIFY EASEMENT TO 12' X 169 6/27/06 SELLSOM EASWENT PREPARED FOR BUI-SOUTH TELECOMMUNICATIONS, INC. REF. JW NO. DRAWN BY DATE SURVEY No. LAVMTURE & AS=ATM INC. 06.0026,325 4m M. 4/21/06 36.0026-32 PROFMCNAL SURVVING AND MAPPING F,EL.K CALCULAXMD 91SCALE SHEET NO �W SE Pod St Lucie EHvd. NA RCL 1"=30' 2 OF 2 LS 7OS6 uSPh e*` fl r2)3062 6426 Fox City of Sebastian, Florida OFFICE OF THE CITY ATTOMEY 1 Subject: BellSouth easement SUMMARY: AGENDA TRANSMITTAL Agenda No. D&• 12 ii Date Submitted: 9/8/06 For Agenda of: 9/13/06 This matter was previously pulled from a Council agenda so that changes to the easement language could be worked out with the BellSouth legal department. The utility easement for this facility, near the intersection of Periwinkle and Caravan Terrace, is next to a drainage ditch that is eroding next to the foundation for the equipment. The City owns the surrounding parcel and the City Manager has discussed relocation of the equipment to an easement that meets the future needs of BellSouth to serve the area. RECOMMENDED ACTION: Authorize the grant of Easement to BellSouth. REVIEWED BY CITY CLERK: Jam" ' AUTHORIZED PLACEMENT ON AGENDA BY CITY MANAGER: C'lY 0 c r�. HOME OF PELICAN ISLAND AGENDA TRANSMITTAL Subject: Bell South Utility Easement Submittal by: ,City Manager Agenda No. n(0. 12,0 Department Ori in: City Manaaer City Attorney: ]L City Clerk: --INK Date Submitted: 20 July 06 Exhibits: EXPENDITURE AMOUNT BUDGETED: APPROPRIATION REQUIRED: $0 $0 REQUIRED: $0 SUMMARY Jim Cox of Bell South has contacted the City in order to obtain a utility easement on property owned by the City located near the southeast intersection of Caravan Terrace and Periwinkle Drive. Currently, Bell South has communications equipment located on a concrete slab in a drainage easement. This easement is located immediately east (and adjacent) to an approximately one -acre tract the City owns. However, Bell South's equipment is located immediately on the edge of a drainage ditch and its pad is beginning to collapse. Please note, that while the equipment, in my opinion, is not in imminent danger of immediate collapse, it does need to be shored or relocated. Hence, Bell South would like to relocate their equipment further west and into the property the City owns to get it away from the edge of the drainage ditch. Originally, the telephone company asked for a thirty foot by thirty-foot easement, which would be located in the northeast corner of the City's property. While we have no immediate use for this property, this amount of easement request would have been intrusive. Upon review of the original request, Bell South was told that should they reduce the easement size, staff would recommend granting the easement request to Council. However, if they wanted a larger than required easement, staff would insist that a portion of the property be purchased. Upon review from Bell South, the company subsequently reduced their easement request and is now asking for a twelve by sixteen foot easement. Enclosed is a site map, which depicts the location of this request. Please note the hatch -marked box represents the current location and approximate size of this current facility. The open box shows the location of their request. RECOMMENDED ACTION Staff recommends approval of the grant of easement. P.O.C. NORTHEAST e r TRACT "A" / CORNER OF 6� \ (PER PLAT) / TRACT "B" / P.O.B. 5539'4-0"W _0-36'. g `� F, 12.00' '1434* '20"W 16.00� \ i TRACT "B" / (PER PLAT) / / tp GALE 1 "=30' LEGEND �0\ Dip / R/W RIGHT—OF—WAY P.B. PLAT BOOK Ua DE ViUTY & ORAINACF EASEWENT POC POINT OF COMMENCEMENT P06 POINT OF BEGINNING PER PLAT PLAT OF SEBASTIAN HIGHLANDS UNIT 11 TnIS )S NOT A SURVEY. 0 SET #5 IRON ROD & CAP LB7056 IREVISIOD( DESCRIPTION DATE SKETCH OF DESCRIPTION --- - 1 MODIFY EASEMENT TO 12' X 16' 6/27/06 SELLSOM EASEMENT 1 PREPARED FOR BaLSOISTH TELECOMMUNICATIONS. INC. RAF: J08 NO.j D'.: BY DATE lSi1R�EV ND +LAVENTURE & ASSOCIATES, INC. 106.0026-325 JOE M. 4/21/05 6.0026-32PROFESSIONAL SURVEYING AND MAPPING F,8-.PG. ULATED 9 SCALE I SHEET N0, I 1840 SE Port SL Lucie Blvd. Port St. Lcie. MoIrldo 3+552 N/A RCL 1.=30' 1 2 OF 2 I 70% (772) 388-6430 Phone (772) 398-6426 Fan Parcel ID # 31382500001282000000.2 Return document to: Jim Cox 5360 NW Nassau Lane Port St. Lucie, FL 34983-3312 EASEMENT For and in consideration of One dollar ($1.00) and other good and valuable consideration, the adequacy and receipt of which is hereby acknowledged, the undersigned owner of the premises described below, hereinafter referred to as Grantor, does hereby grant to BELLSOUTH TELECOMMUNICATIONS, INC., a Georgia corporation, its licensees, agents successors, assigns, and allied and associated companies, hereinafter referred to as Grantee, an easement to construct, operate, maintain, add, and/or remove a telephone land line system of communication facility as the Grantee may from time to time require upon, over, and under a portion of the lands described in PB 7, page 56C, Indian River County, Florida Records, that tract or parcel of land lying in Section 25, Township 31 South, Range 38 East, Indian River County, State of Florida, consisting of a parcel of land 12 ft. x 16 ft. more particularly described as follows: See Exhibit "A" along with appurtenant uses in furtherance thereof including but not limited to ingress to and egress from said easement at all times; as well as the right to clear the easement and keep it cleared of all trees, undergrowth, and other obstructions; To have and to hold the above granted easement unto BellSouth Telecommunications, Inc., its licenses, agents, successors, assigns, and allied and associated companies for a period of twenty-five years from the date hereof. Grantor warrants that grantor is the true owner of record of the above described land on which the aforesaid easement is granted. IN WITNESS, whereof, the undersigned has caused this instrument to be executed on this day of July, 2006. Signed, sealed, and delivered in the presence of: Sally A. Maio, MMC City Clerk Approved as to form and legality for reliance by the City of Sebastian only: Rich Stringer, City Attorney State of Florida County of Indian River CITY OF SEBASTIAN Owner Alfred A. Miner, III City Manager I HEREBY CERTIFY that Alfred A. Miner, III, who is personally known to me and did not take an oath, personally appeared before me this day of July, 2006, and acknowledged that he executed the foregoing instrument as City Manager of the City of Sebastian, and that he was authorized to do. WITNESS my hand and official seal in the County and State last aforesaid this day of July, 2006. Notary Public Grantor's Address: City Of Sebastian 1225 Main Street Sebastian, FL 32958-4165 Grantee's Address BellSouth Telecommunications, Inc. 3300 Okeechobee Road, Room 237 Ft. Pierce, FL 34947 TO BE COMPLETED BY BELLSOUTH TELECOMMUNICATIONS, INC. District Wire Center Drawing Location Plat Number Authority R/W Number Approval Title