HomeMy WebLinkAbout1994 - Southern Bell Request to Install Cabinet Grant of EasementPrepared by and return to:
TIMOTHY M. WILLIAMS, ESQUIRE
P.O. Box 2523
Melbourne, Florida 32902-2523
GRANT OF EASEMENT
City of Sebastian, Florida, a Florida municipal corporation
located in Indian River County, Florida, as grantor, in
consideration of ten dollars and other valuable consideration,
receipt of which is hereby acknowledged, does hereby grant to
Bellsouth Telecommunications, Inc. as grantee, an easement for
placement and maintenance of an electronic cabinet and landscaping
on the property of grantor in the location shown on the attached
Exhibit A. Grantee agrees that the cabinet will be screened with
viburnum which shall be planted and maintained by the grantee.
Grantee will indemnify and hold harmless the City, its agents,
officers and employees, from and against any and all claims arising
out of the actions of the grantee or the location of said cabinet
or landscaping on the grantor's property, regardless of whether
raitacd. -J.". L.c^.=t b the n cyilgEn�:C tvi titer malty, its agents, officers,
or employees.
Grantor, at grantor's option, may terminate this easement upon
ninety (90) days written notice to grantee.
In witness
this 0��daY c
hereof. the
STATE OF FLORIDA
part i es have set: their hailds and seals
1994.
CITY OF S STIAN
BELLSOUTH TELECOMMUNICATIONS, INC.
COUNTY OF INDIAN RIVER
BEFORE.ME tis o , day of % �p��l� 1994 personally
appeared . �-; �-�,_, the r f the City of
Sebastian, to me well known or who produc0id a ^ as
identification, and acknowledged to and before me that he executed
said instrument for the purposes therein expressed and who did not
take an oath.f
WITNESS my hand and official s 1, thi `da
1994.
LINDA M. fi LEY
MY COMMISSION B CC 375724
Not rye Pub 1
EXPIRES: dune 18,1998
'•• ,R�„ , ' eor&d lbm Nftq Puafc Undembrs Na e:
Commission Expires:
Commission No .: ( & 7c�/-/
STATE OF FLORIDA
COUNTY OF INDIAN RIVER
BErORE ��E t his day of 1994 personally appeared
, the of Bellsouth
Telecommunications, Inc., to me well known or who produced a
as identification, and acknowledged to and before
me that he executed said instrument for the purposes therein
expressed and who did not take an oath.
WITNESS my hand and official seal, this day of ,
1994.
Notary Public
Name:
Commission Expires:
Commission No.:
City of Sebastian JOB - ;3e44,' a4ffWr 1qkQL/4S --r-
POST OFFICE BOX 786127 SHEET NO OF
SEBASTIAN, FLORIDA 32978
CALCULATED BY DATE
(401).564-5490 CHECKED BY 1Lr. DATE fb
City of Sebastian
1225 MAIN STREET o SEBASTIAN, FLORIDA 32958
TELEPHONE (407) 589-5330 o FAX (407) 589-5570
January 10, 1995
Bonnie Norris
Southern Bell Telephone
3300 Okeechobee Road, Suite 237
Ft. Pierce, Florida 34947
Dear Ms. Norris:
The City Council, at their Regular Meeting of December 21, 1994,
approved the attached Grant of Easement.
Please have the original signed by the appropriate parties, and
return it to the City, a postage paid envelope has been enclosed
for your convenience.
A copy has also been enclosed for your records.
If you have any questions, please do not hesitate to contact me.
Sincerely,
Kathryn M. O'Halloran, CMC/AAE
City Clerk
KMO:lmg
enclosure
(\ws-form-lin-ltr)
Prepared by and return to:
TIMOTHY M. WILLIAMS/ ESQUIRE
P.O. Box 2523
Melbourne, Florida 32902-2523
GRANT OF EASEMENT
City of Sebastian, Florida, a Florida municipal corporation
located in Indian River County, Florida, as grantor, in
consideration of ten dollars and other valuable consideration,
receipt of which is hereby acknowledged, does hereby grant to
Bellsouth Telecommunications, Inc. as grantee, an easement for
placement and maintenance of an electronic cabinet and landscaping
on the property of grantor in the location shown on the attached
Exhibit A. Grantee agrees that the cabinet will be screened with
viburnum which shall be planted and maintained by the grantee.
Grantee will indemnify and hold harmless the City, its agents,
officers and employees, from and against any and all claims arising
out of the actions of the grantee or the location of said cabinet
or landscaping on the grantor's property, regardless of whether
caused in part by the negligence of the City, its agents, officers,
or employees.
Grantor, at grantor's option, may terminate this easement upon
ninety (90) days written notice to grantee.
In witness 7r.-,
eof, the
this ` %'day of�, 1 ,
e62
l
STATE OF FLORIDA
COUNTY OF INDIAN RIVER
parties have set their hands and seals
1994.
CITY OF S STIAN
BELLSOUTH TELECOMMUNICATIONS, INC.
' s C% day of
jJ�1�= 1994 personally
BEFOREME t
appeared the, ,.,� pf the City of
Sebastian, to me well known or who produXd a A,, as
identification, and acknowledged to and before me that he executed
said instrument for the purposes therein expressed and who did not
take an oath. .�
WITNESS my hand and official s 1, thi — da
1994.
"•.,, , LINDA M. GAMEY
Y W COMMON 0 CC 375724
Not
M , E7(Pm: JW1818,1998 Pub i
j
atm..;:• ' BMW na„ Nagy Puma th,aesvaftm Na
Commission Expires: ,
Commission No.
STATE OF FLORIDA
COUNTY OF INDIAN RIVER
BEFORE ME this day of
If the
Telecommunications, Inc., to me well
as identif ication, and
me that he executed said instrument
expressed and who did not take an oath.
WITNESS my hand and official seal,.
1994.
1994 personally appeared
of Bellsouth
known or who produced a
acknowledged to and before
for the purposes therein
this day of
Notary -Public
Name:
Commission Expires:
Commission No.:
City of Sebastian
POST OFFICE BOX 780127
SEBASTIAN, FLORIDA 32978
( 407 j•589-5490
joB��T-
SHEET NO
CALCULATED BY
CHECKED BY Lf��
SCALE A e6 T)
OF
DATE�L�'
DATE AtA -7/944"
is S
. ...� .. .
......
... : . . ... . , • ...... ... .. i ...... j..
•• i
a
•� � • � is - ♦ � .... ..... ...
.. . .......
_ ..
..... No,erA01.. ire
' . • ♦ � ► r. ••• r r-r-f--�..:-'-may
.r,
xz ae Tom
_
Ake. : ........ ... ; _.. _.
tl ---Tr .7 Fi
Dura ,..+...� ._..old*
L JI)u
.�,,i'-• ._....:1��rFf .
... .......i .....ii-,:
..................J;::.i.E.....,_..0ce�x...r..E-;H..r....>....� T�:.
N�!.Pt���w..,: ��,Ro�r ♦.�P�:am._:.i; — / s
;
.
...ii
_......
L
....�._...._.....t;;:
..._._....ii
.....
.._....
. .
.............
.............. f 2
............
_......._..fi... ......... L.O T -..... .............
............-
......
�_... _...
: t
_
i
t : {
fr
e t =• f
:
:
. . . ... ....... . .. .... ... . ..... .... ...... .. ...... ..,t
/ROLA'. mu /A—m—m-7 me. kft IRR can.
City of Sebastian
1225 MAIN STREET 0 SEBASTIAN, FLORIDA 32958
TELEPHONE (407) 589-5330 o FAX (407) 589-5570
SUBJECT: ) Agenda No. 9-,//23
Grant of Easement - Bellsouth )
Communications, Inc. - Placement ) Dept. Origin City Clerk
and Maintenance of Electronic )
Cabinet on City Property ) Date Submitted 12/8/94
APPROVED FOR SUBMI/`T`OT'AL BY: ) For Agenda Of 12/21/94
City Manager: �}/^ .(v ) Exhibits: Grant of Easement
ddd"` i
EXPENDITURE AMOUNT APPROPRIATION
REQUIRED: N/A BUDGETED: REQUIRED:
SUMMARY STATEMENT
The City Council, at its May 4, 1994 workshop, by consensus, approved
a request from Bellsouth Communications, Inc. to install a cabinet on
Lot 2, Block 12, Sebastian Highlands Unit 1 adjacent to Airport Drive
East.
The proposed Grant of Easement is attached for your approval.
RECOMMENDED ACTION
Move to approve the Grant of Easement to Bellsouth Communications,
Inc.
City of Sebastian
1225 MAIN STREET o SEBASTIAN, FLORIDA 32958
TELEPHONE (407) 589-5330 o FAX (407) 589-5570
SUBJECT: Southern Bell Request)
for installation of )
cabinet on City )
property. )
Approved for Submittal By: )
)
)
City Manager
er
,
Agenda No. q41- /23
Dept. Origin ENG/P
Date Submitted 04-27-94
For Agenda of 05-04-94
Exhibits: Letter of Request,
Engineer's drawing, Cabinet
dimension drawing.
EXPENDITURE AMOUNT APPROPRIATION
REQUIRED: N/A BUDGETED: N/A REQUIRED: N/A
SUMMARY STATEMENT
Bonnie Norris with Southern Bell Engineering Department contacted
me, with a request to install a 9' x 8' by 5 1/2' tall Southern
Bell cabinet near the east airport entrance road off of Main
Street. Their request was to install the cabinet on the ten foot
utility easement of lot 2, block 12 of unit one of Sebastian
Highlands. However, because of the deep drainage ditch
immediately adjacent, I would request that the cabinet be located
15 feet further south and east to allow access for maintenance
equipment. Because this location would be outside of the
existing easements and on City property, council would be
required to approve this installation.
Following research with the City Clerk's office, I was able to
determine that lot 2, block 12 of unit one was received from the
GDC settlement on March 27, 1992. The conveyance was for the lot
without special stipulations. Southern Bell indicated that they
would plant shrubbery around the cabinet to help screen it. I
would suggest that native species be considered for the planting
that are low maintenance with a high survival rate during periods
of drought. I feel the City should cooperate to the greatest
extent possible with utility companies because they serve in the
public's best interest. If City Council approves this location,
then Southern Bell should be required to draft and prepare an
access easement for the pad which should be approved by the City
Attorney.
RECOMMENDED ACTION
Move to approve Southern Bell's request to install a Cabinet on
Lot 2 Block 12 at Unit 1 Sebastian Highlands with Staffs
recommendations and to coordinate with the city engineer.
04-19-94 02:49 PM FROM SBT ENG INDIAN RIVER P002
j4 02:49 PM FROM SBT ENG INDIAN RIVER P003
• i
34"
6200 CABINET DIMENSIONS
T
86"
CABINET - 26
w
City of Sebastian
'1=5 MAIN a SEBASTIm FLORIDA 32858
Ta..EPHONE (407) SWS330 a FAX (407) 589JSM
FAX
TRANRvu jL iAL Stj tL'1' .
FROM:.
DATE: vil %�7 /9�/ TIMESte: C3
TOTAL NQMBER OF PAGES (INCLUDING COVER SHEET)
RE: C -,,Ll
IF YOU DO NOT RECEIVE ALL PAGES, PLEASE CALL (407) 589-5330
wv, w&Llb cx�'
11-01-94 09,41AM FROM POTTER,MCCLELLAND TO SEBASTIAN CITY POI
POTTER. MCCLELLA:�'D. M,',RXS Fe HEALY. P. A- C
WILu.R Q POTTED FIRST VNiO1+ SA,Kx Bumv:Mo
CLurroij A. MCCL=LL&XD. JR- Su:za 400
DOVOLAS D. M•Rss 780 So% -!x 3&=QCX STx=ts
FI&Twes F. Bs.LY
Ttxo?AT M. WILLI&MS Post O►rIex aox 2e83
L,r.n& K PW8Z"n0rF FACSIMILE COVER SHEET MtLaovuxz. FLouzzA 362902.2623
Sassy A JON96 (407) 984-2700
os C09068L JrAJL (*On 723-4002
DATE: 1
TO:
FROX :
RE:
TARD COPY WILL BE MAILED: } YES t } NO
RQTIT.CE 01? g0N71 DzH= &,T_Ty
The information contained in this facsimile message is intended
only for the personal and confidential use of the designated
recipients named above. This message may be attorney-client
communication, and as such is privileged and confidential. If the
reader of this message is not the intended recipient or an agent
responsible for delivering it to the intended recipient, you are
hereby notified that you have received this document in error, and
that any review, dissamination, distribution or copying of this
messsage is strictly prohibited. if your have received this
co=u4i.oation in error, please notify us immediately by telephone
and return the original me3sSage to us by mail at our expense.
Thank you.
PLEASE DELIVER THIS TELECOPY OF
PAGES, (INCLUDING THIS COVER
SHEET) AS SOON AS POSSIBLE.
SPECIAL INSTRUCTIONS:
IF THERE IS ANY PROBLEM WITH THIS
7'RANSMSSSiON, PLEASE CALL 407-984-200.
THANK YOU.
11-01-94 09:41AM FROM POTTER,MCCLELLAND TO SEBASTIAN CITY F02
Prepared by and return to:
TIMOTHY M. WILLIAMS, ESQUIRE
P.O. Box 2523
Melbourne, Florida 32902-2523
GRANT OF EASEMENT
City of Sebastian, Florida, a Florida municipal corporation
located in Indian River County, Florida, as grantor, in
consideration of ten dollars and other valuable consideration,
receipt of which is hereby acknowledged, does hereby grant to
Bellsouth Telecommunications, Inc. as grantee, an easement for
placement and maintenance of an electronic cabinet and landscaping
on the property of grantor in the location shown on the attached
Exhibit A. Grantee agrees that the cabinet will be screened with
viburnum which shall be planted and maintained by the grantee.
Grantee will indemnify and hold harmless the City, its agents,
officers and employees, from and against any and all claims arising
out of the actions of the grantee or the location of said cabinet
or landscaping on the grantor's property, regardless of whether
caused in part by the negligence of the City, its agents, officers,
or employees.
Grantor, at grantor's option, may terminate this easement upon
days written notice to grantee.
Al -01-94 09:41AM FROM POTTERACCLELLAND TO SEBASTIAN CITY P03
in witness whereof, the parties have set their hands and seals
this day of , 1994.
CITY OF SEBASTIAN
LEM
BELLSOUTH TELECOMMUNICATIONS, INC.
STATE OF FLORIDA
COUNTY OF INDIAN RIVER
BEFORE ME this day of 1994 personally
appeared , the of the City of
Sebastian, to me well known or who produced a as
identification, and acknowledged to and before me that he executed
said instrument for the purposes therein expressed and who did not
take an oath.
WITNESS my hand and official Beal, this ! day of
1994.
Notary Public
Name:
Commission Expires:
Commission No.:
STATE OF FLORIDA
COUNTY OF INDIAN RIVER
BEFORE ME this day of 1994 personally appeared
the of BellSouth
Telecommunications, Inc., to me well known or who produced a
as identification, and acknowledged to and before
me that he executed said instrument for the purposes therein
expressed and who did not take an oath.
WITNESS my hand and official seal, this day of
1994.
Notary Public
Name:
Commission Expires;
Commidsicn No.:
City Council Workshop
May 4, 1994
Page Five
94.122/ D. Discuss Proposed Ordinance Nos. 0-94-05 and
93.064 0-94-06 - Tree Protection (Director of Communitv
Develooment Transmittal dated 4/27/94. Proposed
0-94-05. Proposed 0-94-06. Homeowner's Packet)
Mayor Firtion suggested that, in light of recently
submitted language amendments, the proposed
ordinances be sent back to Planning and Zoning.
City Council discussion followed. The Director of
Community Development noted the options suggested in
the language submitted by a resident had been looked
at before by a previous City Council.
Donna Starck, 541 Melrose Lane, Sebastian, addressed
City Council on her submitted language amendments and
read a prepared statement.
Mr. Oberbeck was excused from 9:27 p.m. to 9:29 p.m.
TAPE II - SIDE II (9:33 p.m.)
Ms. Starck continued her prepared statement.
Wally Kramer, Micco, spoke on the menace of location
of pine trees adjacent to homes.
Charles Stachel, 1698 Coral Reef Street, Sebastian,
urged returning the ordinances to Planning and
Zoning to prevent clear cutting.
City Council discussion followed.
Following some discussion, it was the consensus of
of City Council to conduct a workshop with Planning
and Zoning. The City Manager said staff will
schedule the meeting and come back to City Council
with a recommendation.
94.123 E. Southern Bell Request to Install Cabinet on City
Property (City Enaineer Transmittal dated
4/27/94. Norris Letter dated 4/19/94, Drawings)
The City Attorney said only a general consensus was
needed at this time and that an agreement will be
brought back with an indemnification clause. City
Council concurred and the City Manager said the
appropriate documentation would be brought back to
City Council.
5
V
City of Sebastian
1225 MAIN STREET O SEBASTIAN, FLORIDA 32958
TELEPHONE (407) 589-5330 o FAX (407) 589-5570
May 6th, 1994
Southern Bell
3340 Okeechobee Road Room 237
Ft. Pierce, F1 34947
Attn: Bonnie -Norris
RE: Cabinet installation
Dear Bonnie:
At the City Council workshop meeting of May 4th, 1994, City
Council approved your request to install a cabinet on City
property. The sketch that you had provided me indicated that the
cabinet would be located within the utility easement along the
north side of the property and adjacent to the existing drainage
ditch. Because of the close proximity of the ditch, this cabinet
would obstruct the city's mowing operation and maintenance. I
shall require that the cabinet be located approximately 15 feet.
east and 15 feet south of the existing power pole. This would
place it on public owned property close to the power pole but far
enough to allow access to maintain the ditch.
The City attorney spoke in regards to this matter and requested
an agreement be executed between Southern Bell and the City that
would allow access for Southern Bell. See Attorney's letter
dated 5/5/94. Southern Bell shall be responsible to plant and
maintain a vegetative buffer of Florida native species plant
material that is drought tolerant. He indicated that other
paragraphs be provided as indicated in his letter.
If you have any questions in regards to
contact myself directly. Any questions
should be directed directly to our City
at (407) 984-3300. Once all the terms
approved by the City Attorney we would
for final approval of the installation.
Sincerely,
ZIT -
Daniel C. Eckis, P.E.
City Engineer/Public Works Director
DCE:lk
cc: Joel Koford, City Manager
Charles I. Nash, City Attorney
Reading Board,/
the location, you may
regarding the agreement
Attorney Charles I. Nash,
of the agreement have been
return to the City Council
I
FRESE, NASH & ToRPY, P.A.
ATTORNEYS AT LAW
GARY B. FREON t
CHARLM LAK NASH •
VINCENT G. TORPY. JR. !
RICHARD E. TORPY
GRJCGORY S. HANSSN i
J. PATsucu ANDERSON
LAURA L.. ANDERSON
CHARLES A. ScHni mar.R
STRPHM P. 14RUtrnN
WILLIAM A. GRIMM
Or CoUNsaEI.
CRIS BATES FORTER
or COUNSIM.
Joel Koford, City Manager
City of Sebastian
1225 Main Street
Sebastian, FL 32958
5y 8 9' 0117>��
s
t^�
Ma 5, 1014
ReCe.�vea �:,
City Manatee s (�olficpe
930 S. HARBOR CITY BLVD.
Surm 505
MELBOURNE. P'wRmA32901
14071 843300
FAX 1407) 951-3741
t BOARD C...,.,, —. IN TAxATION
• BOARD CRRTIVIED IN WILZ^
TRUSTA & ESTATES
HOARD C.. � — IN CWIL TRIAL LAW
Re: Anticipated Agreement with Southern Bell Telephone Company
Our File No. 92-7840
Dear Joel:
This letter will confirm my comments made at the City Council
Meeting of May 4, 1994. When you communicate with Southern Bell
concerning the proposed agreement they will be drafting for my
review, I would recommend that they be advised that I want to see
an indemnification provision whereby Southern Bell will agree to
indemnify, defend and hold the City of Sebastian harmless for any
claims, actions or expenses arising out of the location of the box
on City property that the City of Sebastian may be exposed to or
incur. I also want a provision whereby venue for any action
arising out of the contract shall be brought in Indian River
County, Florida.
Southern Bell should also agree to maintain the screening that
they will place around the box as well as maintain the box itself.
Furthermore, Southern Bell should agree to abandon any rights it
may have to utilize the property and to remove all of its equipment
and restore the property to its original condition should it no
longer need to utilize the box at some future point in time.
If you have any questions pertaining to my comments, please do
not hesitate to contact me.
Very truly yours,
FRESE, FSH & TORPY, P.A.
Ch les Ian Nash
City Attorney
CIN/lpp