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HomeMy WebLinkAbout1989 - Southern Bell EasementR� IQ =moo Coe,( .'e A Fom(1244) 8416 ��.598QJ In. C, Section 836317-901SB A BfLLS(X/1N Right Of Way Easement Inconsideration of the sum of money hereinafter set out and other good and valuable consideration, the adequacy and receipt of which is hereby acknowledged from the Southern Bell Telephone and Telegraph Company, the undersigned, owner(s) of the premises described below, do hereby grant to the Southern Bell Telephone and Telegraph Company, Its licensees, agents, successors, assigns, and allied and associated companies, a right of way easement to construct, operate, maintain, add or remove such lines or systems of communications or related services as the grantee may require, consisting of: (1) Poles, guys, anchors, aerial cables and wires; (2) Burled cables and wires, cable terminals, markers, splicing boxes and pedestals; (3) Conduits, manholes, markers, underground cables and wires; (4) And other amplifiers, boxes, appurtenances or devices upon over and undera strip of lana feet wide across the following lands in Indian River rounty, State of Florida generally described as follows: See F>rhi},it "A" and, to the fullest extent the undersigned has the power to grant, if at all, over, along and under the road a, streets or highways adjoining or through said property. The following rights are also granted: to allow any other person or company to attach wires or lay cable or conduit within the right of way for communications or electric power transmission or distribution, Ingress and egress to said premises at all limes; to clear the land and keep It cleared of all trees, undergrowth or other obstructions within the easement area; to trim and cut and keep trimmed and cul all dead, weak, leaning or dangerous trees or limbs outside of the easement area which might Interfere with or fall upon the lines or systems of communications or power transmission or distribution. .� The receipt of ani+ 1180 Dollars ($ ) Is hereby acknowledged by the undersigned. To have and to hold the above granted easement unto Southern Bell Telephone and Telegraph Company, Its successors and assigns forever. IN WfTNESS,WIJEREOF, the undersigned has signed on FF Q • 2Z 19 IV? ' //.�- ,/ Signed, sealed apd'�feliJered �, � ` L.S. In the 9resonce oti Name: + Mayor L.S. . lness Name: •� n A 11,11 U C1. '1 Attest: t��""����� Corporate Officer n L ($e.L I �uorr a3-1 330 oKe.ec!-obesz� `-E5 I-:7 I Citv of Sebct' flame oCorporation By:(A I - -2,) �- Title: S'M•+, CN ck IN VY71—, i William G. CAllaaher Southern Bell Representativ@ i 1 4 Southern Bell Authority Number 1� 0. R. 830 P6 2363 "n:- Fi o - W 0. R. 830 P6 2363 POINT OF COMMENCEMENT FDD. NAL Exararr 'A" LEGAL FfRIPTION SOUTHERN BELL EASi•mm A portion of Tract "F," Block 208, Sebastian Highlands, Unit 10 as recorded in Plat Book 6, Page 37-J, Public Records of Indian River County, Florida; and more fully described as follLms: Comnencim at the centerline intersection of Barber Street (100' right-of- way) and Tulip Drive (80' right-of-way), proceed S 55°39'40" W along the centerline of Tulip Drive, a distance of 258.72 feet to a point; thence N 34020'20" W, a distance of 40.00 feet to a point on the northerly right- of-way line of Tulip Drive, said point being the POINT -OF -BEGINNING of the herein described parcel; thence S 55°39'40" W alor� said northerly right-of- way line, a distance of 20.00 feet; thence N 34020 20" W, a distance of 10.00 feet; thence N 55039'40" E parallel with said northerly right-of-way line of Tulip Drive, a distance of 20.00 feet; thence S 34°20'20" E, a distance of 10.00 feet to the POINT -OF -BEGINNING. Subject to any easements and/or rights - of -ways of record and being further subject to the findings of a valid survey. Containing 200 square feet, mire or less D, INC. .. 7A. It r. n.r,00 NOTES: 1. Lands sham hereon were not abstracted for rights-of-way, easements of record or amership. 2. lois sketch of lcvl description is not valid unless sealed with an embossed surveyors seal. 3. This is not a boundary survey. rrm.m:rsn:w.. nom- .. tN.Mi0.4 MIM/KQM 'O�Ctlp Mp 1IY. A<, ftOtlaW.11KI MO TNM. \ 'OWt[}}.��.tYY1 fMGWl Y�,IY � �Y''K/yMj _ . r daa.o.•...., P.LW. SKETCH OF LEGAL DESCRIPTION FOR SOUTHERN BELL o.a®Ir .tlOfor • M C.C. 1 I,R: 92, Py 38 r � - 2' J 9r L7 RESOLUTION NO. R-89-11 A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, PERTAINING TO UTILITY EASEMENTS; GRANTING AN EASEMENT TO THE SOUTHERN BELL TELEPHONE & TELEGRAPH COMPANY FOR THE INSTALLATION OF TELEPHONE EQUIPMENT ON A PARCEL OF LAND LOCATED AT THE SOUTHEAST CORNER OF THE BARBER STREET SPORTS COMPLEX, LYING IN SEBASTIAN HIGHLANDS UNIT 10; DIRECTING THAT THE MAYOR SHALL EXECUTE SAID LEASE; PROVIDING THAT THE GRANTEE SHALL RECORD THE EASEMENT AND FURNISH A COPY OF THE RECORDED INSTRUMENT TO THE CITY CLERK; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Municipal Home Rule Powers Act and the Charter of the City of Sebastian grant the City Council the authority to lease public lands for a public purpose; and WHEREAS, the City owns property, commonly known as the Barber Street Sports Complex, located in Sebastian Highlands Unit 10; and WHEREAS, Ordinance No. 93 of the City of Sebastian, adopted on May 8, 1969, granted a franchise to the Southern Bell Telephone & Telegraph Company to use the public streets of the City for the purpose of erecting, constructing, maintaining and operating lines of telephone and telegraph thereon and thereunder until May 8, 1999; and WHEREAS, a public purpose is served by the furnishing of telephone and telegraph services. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, that: SECTION 1. EASEMENT DESCRIPTION. The Council of the City of Sebastian, Indian River County, Florida, hereby grants an easement, identified as Exhibit 111" to this Resolution and made a part hereof, to the Southern Bell Telephone & Telegraph Company for the installation of telephone equipment on a parcel of land, approximately ten (10) feet wide by twenty (20) feet long, located -at the southeast corner of the Barber Street Sports Complex, more particularly described as Txact F, Block 208, Sebastian Highlands Unit 10, as recorded in Plat Book 6, Page 37-J, Public Records of Indian River County, Florida. SECTION 2. EXECUTION. The Mayor of the City of Sebastian is hereby directed to execute the easement described herein as agent for the Grantor. SECTION 3. RECORDING. The Grantee shall record this easement in the Official Records of Indian River County, Florida, within ten (10) days after receipt of a fully executed instrument, and shall provide the Grantor with a copy of the recorded easement indicating the book and page at which the easement is recorded. SECTION 4. CONFLICT. All resolutions or parts of resolutions in conflict herewith are hereby repealed. SECTION 5. EFFECTIVE DATE. This Resolution shall take effect immediately upon final passage. The foregoing Resolution was moved for adoption by Councilman A -d 0 The motion was seconded by Councilman va- and, upon being put to a vote, the vote was as follows: Mayor Richard B. Votapka Vice -Mayor Kenneth Roth _ Councilman Peter Vallone 4 Councilman Robert McCarthy Councilman George Metcalf The Mayor thereupon declared this Resolution duly passed and adopted this day of 1989. CITY OF SEBASTIAN, FLORIDA By. /; vi;� Richard B. Votapka, Mayor Attest: Kathr M. O'Halloran, CMC/AAE City C erk (SEAL) Approved as to Form and Legal Sufficiency: C Charles Ian Nash, Esquire City Attorney IV 2 P- @Southem Belt A BULSOUTH Company GIQ Right Of Way Easement Form 8416 (12.84) Iss. C, Section 939-347-901SB In consideration of the sum of money hereinafter set out and other good and valuable consideration, the adequacy and receipt of which is hereby acknowledged from the Southern Bell Telephone and Telegraph Company, the undersigned, owner(s) of the premises described below, do hereby grant to the Southern Bell Telephone and Telegraph Company, Its licensees, agents, successors, assigns, and allied and associated companies, a right of way easement to construct, operate, maintain, add or remove such lines or systems of communications or related services as the grantee may require, consisting of: (1) Poles, guys, anchors, aerial cables and wires; (2) Buried cables and wires, cable terminals, markers, splicing boxes and pedestals; (3) Conduits, manholes, markers, underground cables and wires; (4) And other amplifiers, boxes, appurtenances or devices upon over and under a strip of land feet wide across the following lands in Indian RiVer County, State of Florida generally described as follows: See Exhibit "A' and, to the fullest extent the undersigned has the power to grant, if at all, over, along and under the roads, streets or highways adjoining or through said property. The following rights are also granted: to allow any other person or company to attach wires or lay cable or conduit within the right of way for communications or electric power transmission or distribution• ingress and egress to said premises at all times; to clear the land and keep it cleared of all trees, undergrowth or other obstructions within the easement area; to trim and cut and keep trimmed and cut all dead, weak, leaning or dangerous trees or limbs outside of the easement area which might interfere with or fall upon the lines or systems of communications or power transmission or distribution. The receipt of and 1100 Dollars ($ ) is hereby acknowledged by the undersigned. To have and to hold the above granted easement unto Southern Bell Telephone and Telegraph Company, Its successors and assigns forever. IN WITNESS WHEREOF, the undersigned ha_ signed on Signed, sealed and delivered In the presence of: Attest: Witness Witness Corporate Officer ,19 L.S. Name: Name: Name of Corporation By: Title: William G. Gallacher Southern Bell Representative Southern Bell Authority Number L.S. City of Sebastian POST OFFICE BOX 780127 o SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 March 1, 1989 James Kiernan Manager - Engineering Southern Bell 3300 Okeechobee Road Room 237 Fort Pierce, FL 34947 Dear Mr. Kiernan: The Sebastian City Council, at their February 22, 1989 Regular Meeting, adopted Resolution No. R-89-11 granting a utility easement to Southern Bell. The executed easement, survey map with legal description and a copy of the resolution are enclosed for recording. Please return a copy of the recorded documents to this office when completed. Sincerely, Kath M. O'Halloran City Clerk sam Enclosures NABH & FALLACE, P.A. ATTORNEYS AT LAW CHARLE93 IAN NASH JAMES H. FALLAOE KAREN J. SESBEAU PAUL J. KREUZKAMP, JR. • HOARD CERTIFIED IN ESTATE PLANNING AND PROBATE February 16, 1989 VIA FACSIMILE Robert S. McClary, City Manager City of Sebastian Post Office Box 780127 Sebastian, Florida 32978-0127 RE: Resolution granting easement Telephone & Telegraph Company Our File #88-2496 Dear Robb: 930 S. HARBOR CITY BLVD. SUITE 606 MELBOURNE, FLORIDA 32901 (407) 984-5900 FAS (407) 951-3741 to Southern Bell Enclosed is the final draft of proposed Resolution R-89-11 providing for the granting of an easement to the Southern Bell Telephone & Telegraph Company for the erection of telephone equipment on a parcel of land located in the southeast corner of the Barber Street Sports Complex. Please note that I have prepared the Resolution in such fashion as to require Southern Bell to record the easement at their own expense and provide the City with a copy of the recorded document, indicating the book and page number of the official records. Should you have any questions, please do not hesitate to contact me. Very truly yours, NASH & FALLACE, P.A., ATTORNEYS FOR THE CITY OF SEBASTIAN Paul J. Kreuzkamp, Jr. Assistant City Attorney PJK/nch Enclosure /A1 City of Sebastian POST OFFICE BOX 780127 O SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 February 15, 1989 TO: Richard B. Votapka Mayor and Sebastian City Council THRU: RObert S. McClary City Manager FROM: Horry T. Johns, P.E.T✓ City Engineer/Public Works Director RE: Southern Bell Request for Utility Easement I have reviewed Southern Bell's request for a 10 ft x 20 ft utility easement at Barber Street Park and do not have any objections. The proposed location and use are acceptable. City of Sebastian POST OFFICE BOX 780127 o SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 February 14, 1989 To; Sally A. Maio, Deputy City Clerk FROM: Jean M. Tarbell, City Manager's office" RE: Consent Agenda 2/22/89 Meeting / Southern Bell Right -of -Way Easement The referenced item is to be placed on the 2/22/89 Consent Agenda. You will be receiving a Resolution from City Attorney Nash as back up. /jmt .. James Kiernan Manager - Engineering January 25, 1989 Mr. Jerry Thomas Public Works Director City of Sebastian P.O. Box 780127 Sebastian, Florida 32978 AON @ Southem Bell 3300 Okeechobee Road, Room 237 Fort Pierce, Florida 34947 468-5503, 562-9901 RE: Southern Bell Telephone & Telegraph Company Request for Utility Easement. Dear Jerry, Per our discussion with Rob McClary, City Manager, we are resubmitting our proposal for a utility easement for Southern Bell. I am forwarding with this letter, a legal description and form 8416, Right -of -Way Easement, for said easement. If all is in order please have document (Form 8416) signed by powers to be, notarized and return to my office. I will have it recorded and returned to you for your records. If more assistance is required please call W. G. Gallaqher at 5.62-9901. Sincerely, Manager WGG:rcm Attachments: A BELISOUTH company Form 8418 i (12-04) to Southe � B6� Iss. C, Section 939347-901SB A MUSOUTH Company Right Of Way Easement In consideration of the sum of money hereinafter set out and other good and valuable consideration, the adequacy and receipt of which is hereby acknowledged from the Southern Bell Telephone and Telegraph Company, the undersigned, owner(s) of the premises described below, do hereby grant to the Southern Bell Telephone and Telegraph Company, its licensees, agents, successors, assigns, and allied and associated companies, a right of way easement to construct, operate, maintain, add or remove such lines or systems of communications or related services as the grantee may require, consisting of: `..� (1) Poles, guys, anchors, aerial cables and wires; (2) Buried cables and wires, cable terminals, markers, splicing boxes and pedestals; (3) Conduits, manholes, markers, underground cables and wires; (4) And other amplifiers, boxes, appurtenances or devices upon over and under a strip of land feet wide across the following lands In IxidiM River Florida generally described as follows: u See Ec it "An County, State of and, to the fullest extent the undersigned has the power to grant, if at all, over, along and under the roads, streets or highways adjoining or through said property. The followin rights are also granted: to allow any other person or company to attach wires or lay cable or conduit within the right of way for communications or electric power transmission or distribution, Ingress and egress to said premises at all times; to clear the land and keep It cleared of all trees, undergrowth or other obstructions within the easement area; to trim and cut and keep trimmed and cut all dead, weak, leaning or dangerous trees or limbs outside of the easement area which might interfere with or fail upon the lines or systems of communications or power transmission or distribution. The receipt of and 1180 Dollars (S ) is hereby acknowledged by the undersigned. To have and to hold the above granted easement unto Southern Bell Telephone and Telegraph Company, its successors and assigns forever. IN WITNESS WHEREOF, the undersigned ha signed on Signed, sealed and delivered In the presence of: A<lnab�,L-0 )44 fitness W*ess Attest: Corporate Officer ON By. ,19 ��o►r V44 L.S. Name: Mayor L.S. Name: Citv of Serial Name of Corporation Title: William G. Callaaher Southern Bell Representative Southern Bell Authority Number SECTION 13 SECTION 24 t, I ACRE PCRT;CN IN THE SOUTHEASTERLY ;ORNER OF TRACT "F.* P_ Off\ °4� 00 J �4. 4P POINT OF COMMENCEMENT FND. NAIL I,nti EXHIr�II L.E(AL DESCR I P OL4 FOR SmT '_E�V c_ ; I A portion c)[ 'I°ract "F." i3 �x< roc- - �L- =a:arid aoeW ftilr desr Irwu=� 2iv�: ibed s - i i mci g at the centf rlire inters-ecti' n Of Barbe-r Street (lirt�' ,ay) and Tulip Drive (80' right-of-way), proceed S 55°39'40 Wt along the centarl n- ee of Tulip Drive, a distance of 258. 72 feE_}t to a point; thence N 34 20 20 W, a distance of 40.00 feet to a point on the northerly right- of-way line of 'Flip Drive, said point being the P@1Yr-0E-BE'GI�s?1ING of the herein described parcel_; thence S 55039'40" w al,�,c,4 _ way line, a distance of 20.00 feet; thence 13i-o20`�: said northerly right-of- way feet; thence N 55033'40" E parallel with said norther W, a distance of 10.f Tulip Drive, a distance of 20.00 feet; thence S 34;S20'2 iright-of-way ,slime of 10.00 feet to the POI�►"I' ZO �Q �, a distance of -0E-BEGI:�M%. Subject to y easc nts and/or rights - of -ways of record and being ftlrts subject to the findii gs of a valid survey. Containing 200 square feet, more or 1, ss. i NUIES I. Lands shown hereon ci re not abstracted for rights -of -way, easements of record or ownership. 2. This sketch of leFl description is not valid unless sealed with an embossed surveyor s seal. 3. This is not a boundary survey. 1 FF—.; szw:F> "Am tX1F,� n .�rerxrc .L� ny r Ir AS INC. me AAC coe�cr ro r w Ar5r cr Ar xavx£c f A.c R A + �'ys � & E L , I C • M�_ if MC W_ rJ AWAW_ w ?7CV CCa[ J r Ai �crS 1 S£T � f0►77f Or ryV�1-7wo_ AlO JtAr£ fL COW, SrOPROFESSIONAL St1RVEY CONSULTANTS 200 ♦01% art is" &I. 3.a t cult 3240 u"(Xjj ST tYt 9 SUiit 20t307 ` ��rt20 MACN, St. 32%O 0411 #tLD SLACK ft. 33-1 PALM $AT, tiD SU4Y£ Y;1vssr.zats s03-t2s-aara a0a-rat-7200.1 P.L.W C.36091-WM.W LEGALc�1s SKETHOF25 .c0 LEGAL DESCRIPTION imi -y- BELL FOR p r 9122 is8 SOU 1 HER L � r- 2<Y aec�xv ar f�v arxrr i 't r or SECTION 13 SECTION 24 TRACT 7" NAIL CRIPTIONT EINSEMEN7 8, Sebastian Highlands, Unit 10 as -J, Public Records of Indian River described as follows: Lon of Barber Street (100' right-of- 0 , proceed S 55'39'40" W along the )f 2.58.72 feet to a point; th --e to a point on the northerly ,ght- being the POINT -OF -BEGINNING of the )'40" W along said northerly right-of- ?nce N 34.20 20" W, a distanc- -)f 10.00 -h said northerly right-of-wa, -ine of thence S 34-20'20" E, a distance of Subject to any easements arid/or rights- )ject to the findings of a valid survey. 'ess. NXMS: I. Lands slxmi hereon were not abstracted for rights -of -way, easements of record or cm-iership. 2. This sketch of levl description is not valid unless sealed with an embossed surveyor s seal. 3. This is not a boundary survey.