HomeMy WebLinkAbout1990 - Deed of Easement City to IRC- Parcel 61i&'�s 140/North County Sewers iO�
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E A S E M E N T
`1 'T Ir r� TH I S RANT OF EASEMENT, made and executed this
1`<r, day of ti A.D. 1990, by the CITY OF
SMASTIAN, a n pal corporation of the State of Florida,
whose Post Office address is City Hall, Sebastian, FL 32950,
hereinafter called GRANTOR,
to
INDIAN RiVER COUNTY, a political subdivision of the State of
Florida, 1840 25th Street, Vero Beach, FL 32960, hereinafter
called GRANTEE.
(***Whenever used herein, the terms GRANTOR and GRANTEE
Include ali the parties to this instrument and their heirs,
legal representatives, successors, and assigns.)
WITNESSETH: That Grantor 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:
EXI1iB1T "A" ATTACHED HERETO AND MADt'A PART HEREOF
AND Grantor hemeby covenants with said Grantee
that the Grantor is lawfully sel'zed of said servient 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.
iN WITNESS WHEREOF, the Grantor has hereunto, set
Grantor's hand and seal the day and year first above
written.
Attest: } `
�i-ty CIVerk�
STATE OF FLORIDA
COUNTY OF INDIAN RIVER
dITY OF SEBASTIAN, a
municipal corporation of the
Std'te of Flor
By•1A.t
YOR
( SEAL) �
' S RN TO and subscribed before me by r
lrA xJj
and Ao .I ti 'I�i Clt+�l. respectively as MA and .
CLERK -of the CITY OF STIAN, a unicipal c rporation of
the State of Florida, on this r day of
1990.
Aly Commission Expires:
otar9 Public/
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SEA #140
DESCRIPTION OF THE PROPOSED 20 FOOT EASEMENT: THE WESTERLY 20 FEET OF
TRACT -B---ANL LOT 9, BLOCK 406, SEBASTIAN HIGHLANDS UNIT #7 AS RECORDED
IN PLAT BOOK 6, PAGE 6 PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA.
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N01E:. THIS SURVEY SXE7W /S PREPARED FRCW I O1RMATlON SUPPLIED BY INDIAN R11V£R
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PREPARED FOIR NORTH COUNTY SE'NER PROIveT AMTS SON
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WAS PERFORMED 10 - f 7- 0& AND SAND SURVEY MEETS 1H£ MINIMUM WOYN/CAL
STANDARDS PURSUANT rO SrC)7C#V 472.027 OF 1HE fLaWDA STAWIM AND
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MAS TELLER. MOLER & REED INC.
PROFESSIONAL LAND SURVEYORS
POST OFFICE BOX 1045 DRAVANG
PHONE 589-4810 SEBAS71ANo FLORIDA 32958
SEA 183 4 140
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
..y
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
1 YD., / � -
City Clerk to the County Attorney for recording by Indian River
County, Florida.
Section 2. CONFLICT. All resolutions or parts of
resolutions in conflict herewith are hereby repealed.
Section 3. SEVERABILITY. In the event a court of
competent jurisdiction 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
�' t•.
Councilman _ " The motion was
seconded by Councilman and, upon being
put to a vote, the vote was as follows:
Mayor W.E. Conyers Q.
Vice Mayor Frank Oberbeck
Councilman Robert L. McCollum
Councilman Lonnie R. Powell
Councilman Lloyd Rondeau
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The Mayor thereupon declar d this Resolution duly passed and
adopted this �h day of ��` 1990.
CITY OF SEBASTIAN, FLORIDA
By:
—44
E. Conyers, 4 or
ATTEST:
'I /
T;t;,dheA,1 /)')1 0--/
Kathry� M.' O'Halloran., CMC/AAE
City Clerk
(Seal)
Approved to Form and Content:
Charles I. Nash, City Attorney
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