HomeMy WebLinkAbout1999 - Stough Easement AgreementCORRECTIVE
LICENSE AND EASEMENT AQREEM[ENT
KNOW ALL MEN BY THESE PRESENTS that the City of Sebastian, 1225
Main Street, Sebastian, Florida, hereinafter called "Grantor", in consideration of the sum
of TEN DOLLARS ($10.00)* and other valuable consideration, receipt of which is hereby
acknowledged, does hereby grant to JAMES AND MARY STOUGH, their successors
and assigns, hereinafter called "Grantee", a non-exclusive irrevocable license and
easement for the following:
a) Construction and maintenance of a 30 inch culvert pipe under and across a
50 foot right -of way of the Grantor, said culvert pipe to be installed pursuant to any and
all applicable conditions of the permit requirements of the City of Sebastian, and any and
all other applicable government agencies; and
b) A perpetual non-exclusive easement for ingress and egress over, upon, and
across the property of the Grantor, which property is situated in the County of Indian
River and the State of Florida, and which is the subject of this Agreement.
The property of the Grantor to which this License and Easement Agreement _
applies, is more particularly described as follows:
SEE EXHIBIT "A" ATTACHED HERETO
RESERVING to Grantor the right and privilege to use the land coterminous with
the license and easement herein granted for all purposes not inconsistent with the
Grantees reasonable use, occupation or enjoyment thereof. This grant of license and
easement is non-exclusive. Grantor, for its successors and assigns, further reserves the
right in its sole judgment to install and grant easement transversely in, over, under, upon,
and across the lands described herein, for the installation of utilities, so long as such
utilities do not interfere with the rights granted to the Grantee herein.
It is further agreed between Grantor and Grantee that notwithstanding the above,
that the above -referenced license and easement rights to erect and maintain said
Improvements shall be exclusive.
In the event the Grantee does not utilize the license and easement areas for the
aforesaid purpose or abandons it for one(1) year, the license and easement granted herein
to Grantee for that license and easement area only shall be deemed null and void at the
option of the Grantor, and the Grantor shall have the immediate right to re-enter and
terminate the privileges granted hereby. Upon such re-entry, the complete title and
ownership of this license and easement area shall vest in the Grantor and the license shall
be terminated.
IN WITNESS WHEREOF, the Grantor has executed this License and Easement
Agreement this 1 day of 1999.
Signed, s aled, and delivered in the presence of:
Print Name: 01ra 4%
CITY OF SEBASTIAN
BY:
Printed Name: y Z- 11,4t4/r�Eel°
Title: ewlzlo�9�1-
1 Y
Print Name:
A(�7ST
City
CLefi6
Print Name /7A • / %itt 0
J
STATE OF FLORIDA
COUNTY OF INDIAN RIVER
The foregoing instrument was acknowledged before me this /91d day of
1999 b6
Z�i • ��
Y
on behalf of the City of Sebastian and attested by
as , who are personally known to me or who has produced
`I
as identification and who did (did not)
take and oath.
N Public, State of Florid
Print Name:
Z:ti� H. JOANNE SANDBERG" My Commission Expires: 34, Am o9
,►: ;r MY COMMISSION # CC 725842
EXPIRES: April 30, 2002
Banded Thm Notary POW Underwriters
EXHIBIT "A»
A 50 foot wide drainage right-of-way lying South of Lot 9, Block 365,
SEBASTIAN HIGHLANDS, UNIT 11, as recorded in Plat Book 7, Page 56
of the Public Records of Indian River County, Florida, said easement being
mor particularly described as follows:
Commence at the Southwest corner of said Lot 9; thence proceed North 89
degrees, 56 feet, 07 inches East, along the South line of said Lot 9, a
distance of 6.00 feet to the point of beginning; thence continue North 89
degrees, 56 feet, 07 inches East a distance of 15.00 feet; thence proceed
South 00 degrees, 03 feet, 53 inches East, a distance of 50.00 feet to the
South line of said 50 foot wide drainage right of way; thence proceed South
89 degrees, 56 feet, 07 inches West, along said right of way line, a distance
of 15.00 feet; thence proceed North 00 degrees, 03 feet, 53 inches West, a
distance of 50.00 feet to the point of beginning.
This is a Corrective license & easement agreement to correct the legal
description of the license & easement agreement filed in Official Records
Book 1223, Page 1233, public Records of Indian River County, Florida.
Regular City Council Meeting
April 22, 1998
Page Ten
98.098 C. Request from James and Mary Stoueh for Access over Citv Drainaee Rieht-of-Wav for Five Acre
Parcel on Jov Haven Drives itv Manager Transmittal 4/16/98, Stough Letter 4/3/98. MVJ
The City Manager gave a brief presentation on the request and suggested that Council consider
incorporating the property into the City.
Property owner James Stough, 7625 85th Street, Wabasso, and the prospective owners, addressed
City Council on a request for the City to allow them to construct a driveway over a City drainage
right-of-way.
TAPE III - SIDE I (10:25 p.m.)
They said they had no plans to subdivide, did not want to be annexed, and had agreed to put in and
maintain the pipes.
Discussion took place on the City receiving services without being taxed, possibly annexing the
property, the possibility of future subdivision, and creating a provision for horses in the City on
larger tracts.
MOTION by Cartwright/Neuberger
I move to extend the meeting to 11.
VOICE VOTE on the motion carried 5-0.
A lengthy discussion continued on restricting the access to assure no future subdivision could be
developed. The City Attorney said the City can physically limit the size of the access so that no one
would want to develop there in the future, but the City could not charge for use of the access. The
City Engineer said she would like a long term agreement with the property owner that they would
maintain the pipe. The City Attorney said once access to the property is approved, the City could not
take access away in the future.
MOTION by Cartwright/Neuberger
I move to allow access over the City's fifty foot drainage right-of-way under the terms that
the pipes be sized specifically to the City Engineer's specifications with all costs, including
permitting, being the property owners' responsibility, not to exceed 30 foot in width.
VOICE VOTE on the motion carried 3-2. (Sullivan, Wininger - nay)
Mrs. Cartwright suggested the remaining items be carried to the beginning of the April 29, 1998
forum agenda. Council concurred.
Mayor Sullivan adjourned the meeting at 11:00 p.m.
10
Apr -15-99 o9:19A
t
.. Lawyers itle
�t jnsurance o oration
FAX TRANSIVu 1 1 AL
1. •
DATE: ���ZEi
Please deliver the followin pages to:
NAME:
�i
i
r^i Yt
FAX*
rJ t1
FROM.
of (including cover sheet :
Total nuaebrar pages { g )
2905 Ocean Drive (329b3)
P.U. Bax 3331
Vera Beach, Florida 32964.3331
(561) 231-5406
Fax (561) 231-1532
(If you have air questions or do not receive all pages„ please call as soon as passible)
Ii
COMMENTS: e .6r(7 IA3 n
CONFIDENT AUrY NOTE:
'mss transmittal is intended only for the use of the individual or entity to which it
is and may contain infomaation that is privileged, confidential and
exempt from disclosure under applicable law. If the reader of this transmittal is
not the intended recipient, you are hereby notified that any dissemination,
distribution or copying of this conununication is strictly prohibited. If you have
received this communication in error, please notify us immediately by telephone,
and return the original transmittal to us at the above address via the United States
Postai Service.
Apr -15-99 09:20A
LICENSE AND EASEMENT AGREENEM
P_02
KNOWN ALL MEN BY THM PRESENTS that the City of Sebastian, 1225 Main Street,
Sebastian, Florida, hereinafter called "Grantor", in consideration of the sum of TEN AND N01100
(S10.00) DOLLARS, and other valuable considerations, receipt of which is hereby acknowledged,
does hereby grant to Dale and Joanna Brown hereinafter called "Grantee", a non-exclusive
irrevocable license and easement for the construction and maintenance of a thirty (30) inch culvert
pipe under and across a fifty (50) foot right of way of the Grantor in order to secure access to
adjacent property owned by the Grantee, said culvert pipe to be installed pursuant to any and all
applicable conditions of the permit requirements of the City of Sebastian and any and all other
applicable governmental agencies. The property of the Grantor which is the subject of this Agreement
is situated in the County of Indian River and the State of Florida, and is more particularly described
as follows:
See Exhibit "A" attached hereto and incorporated by reference herein.
RESERVING to Grantor the right and privilege to use the land conterminous with the license
and easement herein granted for all purposes not inconsistent with the Grantee's reasonable use,
occupation or enjoyment thereof. This grant of license and easement is non-exclusive. Grantor, for
its successors and assigns, fiuther reserves the right in its sole judgment to install and grant easements
transversely in, over, under, upon and across the lands described herein, for the installation of utilities,
so long as such utilities do not interfere with the rights granted to the Grantee herein.
It is further agreed between Grantor and Grantee that notwithstanding the above, that the
above referenced license and easement rights to erect and maintain said Improvements shall be
exclusive.
In the event the Grantee does not utilize the license and easement area (s) for the aforesaid
purpose or abandons it for one (1) year, the license and easement granted herein to Grantee for that
license and easement area only shall be deemed null and void at the option of the Grantor and the
Grantor shall have the immediate right to reenter and terminate the privileges granted Hereby. Upon
such reentry, the complete title and ownership of this license and easement area shall vest in the
Grantor and the license shall be terminated.
VATNESS WHEREOF, the Grantor has executed this License and Easement this�j'
day of 1998.
.161M M. TAMM
Aom 21. in
a�o�o®n�, �o,r raw rok�, Re
STATE OF FLORIDA:
covnmr of kJj&.t . .w
THE CITY OF SEBASTIAN
-.00, ka"L'Aa
Gi/• Q'
By: Thomas W. F e, City Manager
I I5TTIV
Y CERTIFY that on this A AIL -day o , 199r , before me
appearedH .,or .�, who is person y kn wn to me or has produced
EL l as identification.
Apr" -15-99 09:20A
IL il .* 203".
P-03
A is ram W INGAW AND FAMMM OVER A U FOOT V40K DRAINAGE aiGBT
CF WAy LymG Som OF LOT 1, UMM 36% HtGMANDS UNIT IIwA5
IN MAT DOM 7, IPAG9 56 OMJi; PUN= RFS OF INDUJR RWM COUWffo FWRU)Ao
SAID ETAS tT XMGMORZP. AS FOLLOWS: COM MUD= AT
7=00U. VYFBT comzR OF wn LOT 96 TMM PUoCZZD N 9~ 07" & ALONG TW
Sovm LUC OFSAID LOT 9,, A Dis,%ANCB OF 6M WX a To M POINT OF SWINNING; TUMCE
CONTHM N W%V 970 Z A DIS I'AWX OF -ISM ftPq TIMCZ PROCUD 2 4*%V 930 F* A
IMSTANCE CW AN RXJl TO TRE SOM LM (W "M SW WIDE DRAIKAGZ RIC= OF WAY;
_11111mms PRO C IM 8 S 99OW 6711 Wl ALIDNG UID Mass- B -OF WAY KMM A DISTANCR OF ISM
p9mrs Imcm ri=OCF D N 00%r $30 Ws A DISTANCE OF SGA Fff= TO TM POWr OF
BEGINNING
LICENSE AND EASEMENT AGREEMENT
KNOW ALL MEN BY THESE PRESENTS that the City of Sebastian, 1225 Main Street,
Sebastian, Florida, hereinafter called "Grantor", in consideration of the sum of TEN DOLLARS
($10.00) and other valuable consideration, receipt of which is hereby acknowledged, does hereby
grant to JAMES AND MARY STOUGH, their successors and assigns, hereinafter called
"Grantee", a non-exclusive irrevocable license and easement for the following:
a) Construction and maintenance of a 30 inch culvert pipe under and across a 50 foot
right-of-way of the Grantor, said culvert pipe to be installed pursuant to any and all applicable
conditions of the permit requirements of the City of Sebastian, and any and all other applicable
government agencies; and
b) A perpetual non-exclusive easement for ingress and egress over, upon, and across
the property of the Grantor, which property is situated in the County of Indian River and the State
of Florida, and which is the subject of this Agreement.
The property of the Grantor to which this License and Easement Agreement applies, is
more particularly described as follows:
SEE EXHIBIT "A" ATTACHED HERETO
RESERVING to Grantor the right and privilege to use the land coterminous with the
license and easement herein granted for all purposes not inconsistent with the Grantees reasonable
ate'`
M -O
use, occupation or enjoyment thereof. This grant of license and easement is non-exclusive.
Grantor, for its successors and assigns, further reserves the right in its sole judgment to install and
grant easement transversely in, over, under, upon, and across the lands described herein, for the
installation of utilities, so long as such utilities do no interfere with the rights granted to the
Grantee herein.
It is further agreed between Grantor and Grantee that notwithstanding the above, that the
above -referenced license and easement rights to erect and maintain said Improvements shall be
exclusive.
In the event the Grantee does not utilize the license and easement areas for the aforesaid
purpose or abandons it for one ( 1) year, the license and easement granted herein to Grantee for
that license and easement area only shall be deemed null and void at the option of the Grantor,
and the Grantor shall have the immediate right to re-enter and terminate the privileges granted
hereby. Upon such re-entry, the complete title and ownership of this license and easement area
shall vest in the Grantor and the license shall be terminated.
IN WITNESS WHEREOF, the Grantor has executed this License and Easement
Agreement this day of , 1998.
0
in the presence of:
��. iia vsSL.9u
ATTEST:
City Clerk
Print Na*ne: Kathrvn M. O'Halloran
STATE OF FLORIDA
COUNTY OF INDIAN RIVER
CITY OF SEBASTIAN
Printed Name: Thomas W. Frame
Title: Citv Manager
The foregoing instrument was ackpowledged before me this 1761. day of
1998 by % moi. /-f'u4z2, as
on behalf of the CiP of Seba tian and attested by
li' , as �They are both
personall known to me.
NotePublic, State of Floric(av
Print Name: 7i,f/�/�
My CommissionExpires:_ 3d" 02DDa
.1
K JOANNE SAMBBERG
MY COMMISSION # CC 725842
111W,
g EXPIRES: Apd 30, 2002
pF F.d:+ Bonded Thru Notary Public Underwriters
� UIIN�� ,
City of Sebastian, Florida Q
Subject: Request James and Mary Stough Agenda No. 70-09Y
to Discuss the Granting of Access over a
City Drainage Right-of-way Department Origin: City Manager
Approved for Submittal by: City Manager Date Submitted : April 16, 1998
For Agenda of: April 22, 1998
Exhibits: V
• Letter Dated April 3, 1998 from Mr. and Mrs. Stough
• Map
EXPENDITURE REQUIRED: AMOUNT BUDGETED: APPROPRIATION
none I N/A I REQUIRED: N/A
ET1U_' ' ,_ _ut_ � 1
As indicated with the letter from Mr. and Mrs. Stough, they own a 5 acre parcel which they
wish to sell for a single family site. The site would have be accessed over a 50 foot drainage
right-of-way. The drainage right-of-way lies between the subject property for sale and a cul-
de-sac located at the end of Joy Haven Drive.
The City Engineer has recommended a 30 inch pipe be installed within the right-of-way in
order to provide access to the 5 acre parcel.
It should be noted that in order to access the property for aspects Joy Haven Drive shall be the
route for all vehicular access. This means that Joy Haven Drive shall be used for construction
access, garbage collection, emergency services and routine day-to-day access. Currently the
property lies within the unincorporated area of the City. This means that no revenue would be
due to the City even though City revenues would be used for maintenance. This matter could
be corrected by having the 5 acre tract incorporated into the City.
RECOMMENDED ACTION
Listen to comments from Mr. and Mrs. Stough and determine whether or not to allow access
over the City's 50 foot drainage right-of-way and under what terms. Staff clearly recommends
that any pipes be sized specifically to the City Engineer's specifications with all costs including
permitting being the property owner's responsibility. And that the City Council consider
requiring the 5 acre parcel be incorporated into the City of Sebastian.
April 3, 1998
James and Mary Stough
Box 507
Wabasso, FL 32970
(561-589-5592)
Thomas Frame, City Manager
1225 Main St.
Sebastian, Florida 32958
Dear Mr. Frame,
4b628
uRQ
RE: 5 acre parcel located off
Joy Haven Dr. ( designated
address of 584 Joy Haven Dr.)
We are requesting to be placed on the City Council Meeting
Agenda to discuss granting access over a drainage right-of-
way.
Through discussion with the City Engineer, Martha Campbell,
she recommended that a 30" round pipe be installed over the
city's 50' right-of-way. Attached is the Plat of our property
for your reference.
We currently have a contract to sell our property to a party
wishing to use this 5 acre parcel for a single family residence
and therefore await your timely response to this request.
Very truly yours,
James and Mary St
%MeA
ut'
RE: 5 acre parcel located off
Joy Haven Dr. ( designated
address of 584 Joy Haven Dr.)
We are requesting to be placed on the City Council Meeting
Agenda to discuss granting access over a drainage right-of-
way.
Through discussion with the City Engineer, Martha Campbell,
she recommended that a 30" round pipe be installed over the
city's 50' right-of-way. Attached is the Plat of our property
for your reference.
We currently have a contract to sell our property to a party
wishing to use this 5 acre parcel for a single family residence
and therefore await your timely response to this request.
Very truly yours,
James and Mary St
EP,FT
CITY LIMITS
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April 3, 1998
James and Mary Stough
Box 507
Wabasso, FL 32970
(561"589-5592)
Thomas France. City Manager
1225 Main St.
Sebastian, Florida 32958
Dear Mr. Frame,
RE: 5 acre parcel located off
Joy Haven Dro ( designated
address of 584 ►joy Haven Dr.)
We are requesting to be placed on the City Council Meeting
Agenda to discuss granting access over a drainage right-of-
way.
Through discussion with the City Engineer, Martha Campbell,
she recommended that a 300 round pipe be installed over the
city's 50' right--of-way, Attached is the plat of our property
for your references
we currently have a contract to sell our property to a party
wishing to use this 5 acre parcel for a single family residence
and therefore await your timely response to this request.
Very trul yours,
James and Mary Stough
Z0 3hdd
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DATE:
RE/MAX RIVERSIDE
936 US#19, SEBASTIAN, FL 32958
(561) 589-2888 FAX (561) 589-9348
April 13, 1998
TO. Jan King
FAX; 589-2566
5 acre ppro erty
FROM: Joan Preuss RE: Stough Pro?erty:on Jov Hav�n Dr.
TOTAL PAGES INCLUDING THIS SST: 3
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04/13/1998 02:88 1-561-589-9348
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DRAFT
h for Access over City Drainaee Rieht-of-Wav for Five Acre
iaeer Transmittal 4/1,¢/98. Stoueh Letter 4/3/98 Mao
station on the request and suggested that Council consider
Y.
5th Street, Wabasso, and the prospective owners, addressed
to allow them to construct a driveway over a City drainage
e, did not want to be annexed, and had agreed to put in and
ing services without being taxed, possibly annexing the
ision, and creating a provision for horses in the City on
ing the access to assure no future subdivision could be
y can physically limit the size of the access so that no one
)ut the City could not charge for use of the access. The
rm agreement with the property owner that they would
)nce access to the property is approved, the City could not
I's fifty foot drainage right-of-way under the terms that
gineer's specifications with all costs, including
nsibility. . not to exceed 30 foot in width.
illivan, Wininger - nay)
Cartwright suggested the remaining items be carried to the beginning of the April 29, 1998
forum agenda. Council concurred.
Mayor Sullivan adjourned the meeting at 11:00 p.m.
10
Regular City Council Meeting DRAFT
April 22, 1998
Page Ten
98.098 C. Reauest from James and Mary Stoueh for Access over Citv Drainage Right-of-Wav for Five Acre
Parcel on Jov Haven Drive (City Manager Transmittal 4/16/98. Stough Letter 4/3/98. Man).
The City Manager gave a brief presentation on the request and suggested that Council consider
incorporating the property into the City.
Property owner James Stough, 7625 85th Street, Wabasso, and the prospective owners, addressed
City Council on a request for the City to allow them to construct a driveway over a City drainage
right-of-way.
TAPE III - SIDE I (10:25 p.m.)
They said they had no plans to subdivide, did not want to be annexed, and had agreed to put in and
maintain the pipes.
Discussion took place on the City receiving services without being taxed, possibly annexing the
property, the possibility of future subdivision, and creating a provision for horses in the City on
larger tracts.
MOTION by Cartwright/Neuberger
I move to extend the meeting to 11.
VOICE VOTE on the motion carried 5-0.
A lengthy discussion continued on restricting the access to assure no future subdivision could be
developed The City Attorney said the City can physically limit the size of the access so that no one
would want to develop there in the future, but the City could not charge for use of the access. The
City Engineer said she would like a long term agreement with the property owner that they would
maintain the pipe. The City Attorney said once access to the property is approved, the City could not
take access away in the future.
MOTION by Cartwright/Neubcrger
I move to allow access over the City's fifty foot drainage right-of-way under the terms that
the pipes be sized specifically to the City Engineer's specifications with all costs, including
permitting, being the property owners' responsibility. not to exceed 30 foot in width.
VOICE VOTE on the motion carried 3-2. (Sullivan, Wininger - nay)
Mrs. Cartwright suggested the remaining items be carried to the beginning of the April 29, 1998
forum agenda. Council concurred.
Mayor Sullivan adjourned the meeting at 11:00 p.m.
10
LICENSE AND EASEMENT AGREEMENT
KNOWN ALL MEN BY THESE PRESENTS that the City of Sebastian, 1225 Main Street,
Sebastian, Florida, hereinafter called "Grantor", in consideration of the sum of TEN AND N0/100
($10.00) DOLLARS, and other valuable considerations, receipt of which is hereby acknowledged,
does hereby grant to Dale and Joanna Brown hereinafter called "Grantee", a non-exclusive
irrevocable license and easement for the construction and maintenance of a thirty (30) inch culvert
pipe under and across a fifty (50) foot right of way of the Grantor in order to secure access to
adjacent property owned by the Grantee, said culvert pipe to be installed pursuant to any and all
applicable conditions of the permit requirements of the City of Sebastian and any and all other
applicable governmental agencies: The property of the Grantor which is the subject of this Agreement
is situated in the County of Indian River and the State of Florida, and is more particularly described
as follows:
See Exhibit "A" attached hereto and incorporated by reference herein.
RESERVING to Grantor the right and privilege to use the land conterminous with the license
and easement herein granted for all purposes not inconsistent with the Grantee's reasonable use,.
occupation or enjoyment thereof. This grant of license and easement is non-exclusive. Grantor, for
its successors and assigns, further reserves the right in its sole judgment to install and grant easements
transversely in, over, under, upon and across the lands described herein, for the installation of utilities,
so long as such utilities do not interfere with the rights granted to the Grantee herein.
It is further agreed between Grantor and Grantee that notwithstanding the above, that the
above referenced license and easement rights to erect and maintain said Improvements shall be
exclusive.
In the event the Grantee does not utilize the license and easement area (s) for the aforesaid
purpose or abandons it for one (1) year, the license and easement granted herein to Grantee for that
license and easement area only shall be deemed null and void at the option of the Grantor -and the
Grantor shall have the immediate right to reenter and terminate the privileges granted hereby. Upon
such reentry, the complete title and ownership of this license and easement area shall vest in the
Grantor and the license shall be terminated.
IN WITNESS WHEREOF, the Grantor has executed this License and Easement this
day of , 1998.
JEAN M. TARBQL
;z Mir COMMMON 0 ccar= EXPIRES
ust 21
IRtiQ 1999
e i &WW 71{Rl! TROY FAM 1WARI w lNc.
STATE OF FLORIDA:
COUNTY OF17,.,
THE CITY OF SEBASTIAN
I 4re,
By: Thomas W. City Manager
I HEREBY CERTIFY that on this S Akday ofc),aq
appeared "I llaw)gto 0 k 2 _ who is personaffy known
PL as identification.
1998 , before me
to me or has produced