HomeMy WebLinkAbout1996 - Easement 512-Louisiana Ave IntersectionRESOLUTION NO. R-96-44
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, PERTAINING TO u t tLITY EASEMENTS;
GRANTING AN EASEMENT TO INDIAN RIVER COUNTY TO
FACILITATE DRAINAGE IMPROVEMENTS FOR THE
INTERSECTION OF CR 512 AND LOUISIANA AVENUE;
AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO
ATTEST, ON BEHALF OF THE CITY, THE GRANT OF EASEMENT;
PROVIDING THAT THE GRANTEE SHALL RECORD THE
EASEMENT AND FURNISH A COPY OF THE RECORDED
INSTRUMENT TO THE CITY CLERK; PROVIDING FOR
SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, Indian River County (the "Grantee") has requested an easement from
the City of Sebastian (the "Grantor") to facilitate drainage improvements for the intersection
of CR 512 and Louisiana Avenue; and
WHEREAS, the legal description for the easement to be granted to Indian River
County has been reviewed and approved by the City of Sebastian Public Works Director, the
City Attorney and Indian River County Surveyor, Charles Cramer; and
WHEREAS, Indian River County Public Works Director, upon receipt of the
executed grant of easement, will record and return a copy of the recorded easement to the
City Clerk for the City of Sebastian; and
WHEREAS; Indian River County, upon completion of the improvements, will
require that the contractor restore the area excavated for the drainage pipes to as good or
better condition than before; and
WHEREAS, a public purpose is served by the granting of the easement to Indian
River County.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, that:
Section EASEMENT DESCRIPTION. The City Council of the City of
Sebastian, Indian River County, Florida, hereby grants an easement, identified as Exhibit "1"
to this Resolution, further described in Exhibit "A" to the Grant of Easement and made a part
hereof, to Indian River County to facilitate drainage improvements for the intersection of CR
512 and Louisiana Avenue.
Section 2 EXECUTION. The Mayor of the City of Sebastian, Indian River
County, Florida, is hereby authorized to sign, and the City Clerk to attest, on behalf of the
City of Sebastian, the Grant of Easement described herein.
Section 3. RECORDING. The Grantee shall record this easement in the Official
Records of Indian River County, Florida, 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. 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
remainder of this Resolution without said invalid and unconstitutional provision, thereby
causing said remainder to remain in full force and effect.
Section 6. &e r j.CTIVE DATE. This Resolution shall take effect immediately
upon final passage.
The foregoing Resolution was moved for adoption by Councilmember
The motion was seconded by Councilmember
and, upon being put to a vote, the vote was as follows:
2
Mayor Louise R. Cartwright
ay 2
Vice -Mayor Walter W. Barnes
Councilmember Norma J. Damp
(,p
Councilmember Raymond Halloran
44
Councilmember Richard J. Taracka
CQL_
J
The Mayor thereupon declared this Resolution duly passed and adopted this J -'L4 day of
$1996.
CITY OF SEBASTIAN, FLORIDA
By: , I
Louise R. Cartwright, Mayor
ATTEST:
Kathryn . O'Halloran, CMC/AAE
City Clerk
(Seal)
Approved as to Form and Content:
Valerie Settles
City Attorney
3
EASEMENT
This GRANT OF EASEMENT, made and executed this 5A day of J&AA. , 1996, by the
CITY OF SEBASTIAN, FLORIDA, a municipal corporation existing under the
laws of the State of Florida, the mailing address of which is 1225 Main Street,
Sebastian, FL 32958, hereinafter called GRANTOR*,
to
INDIAN RIVER COUNTY, FLORIDA, a political subdivision of the State of
Florida, the address of which is 1840 25th Street, Vero Beach, FL 32960, hereinafter
called GRANTEE*,
*Whenever used herein the term GRANTOR and GRANTEE include all parties to
this instrument and their heirs, legal representatives, successors, and assigns.
WITNESSETH:
That GRANTOR for and in consideration of the sum of ONE DOLLAR and other consideration,
receipt of which is hereby acknowledged, does hereby grant, bargain, sell, alien, remise, release,
convey, and confirm unto the GRANTEE a perpetual easement for DRAINAGE PURPOSES on,
over, across, and beneath the following described land, situate in Indian River County, Florida, to -wit:
EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF
And GRANTOR hereby covenants with said GRANTEE that it is lawfully seized of said servant land
in fee simple, and that it 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 WBEREOF, the GRANTOR has herein set its hand and seal the day and year first
above written.
Si ed, sealed, and delivered
WitnesdSignatufe
'/&U, A.
rin d Name
Witness Signature
e� t, �• • -mac: r
Printed Name
CITY OF SEBASTIAN, FLORIDA
By:., 4441 �Z4/_
l•�JL
Louise R. Cartwright, May, '
ATTEST:
Kathryn M. O'Halloran, CIVIC/AAE
City Clerk
EXHIBIT "i"
STATE OF FLORIDA
COUNTY OF INDIAN RIVER
The foregoing instrument was sworn to and subscribed before me this day of��,�
1996, by-� a�, , . /�' t'��r.:. -;,� as of the CITY OF SEBtSTIAN,
FLORIDA, a municipal corporation 9xisting under xfie laws of the State of Florida, on behalf of
said corporation. She is personally known to me or produced
as identification.
My Commission Expires:
Notary Public
I/
Printed Name
Commission No.:
`•"!:'�: H. JOANNE SANOBERG
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S M. Reg -
A• Cc° vn y S"Nejoi
.bodes e` Co t
lndion Rev
City of Sebastian
1225 MAIN STREET 13 SEBASTIAN, FLORIDA 32958
TELEPHONE (561) 589-5330 0 FAX (561) 589-5570
June 7, 1996
James W. Davis, P.E.
Public Works Director
Indian River County
1840 25th Street
Vero Beach, FL 32960
RE: Resolution No. R-96-44 - Grant of Easement to Indian River County
Dear Mr. Davis:
The Sebastian City Council, at its June 5, 1996 Regular Meeting, adopted Resolution No. R-96-
44 authorizing execution of a Grant of Easement for CR 512 Corridor Improvements to Indian
River County as requested.
Enclosed please find the original executed Grant of Easement with Exhibit A and a copy of
Resolution No. R-96-44.
Please return to us a copy of the recorded Grant of Easement.
If you have any questions, please do not hesitate to contact me.
K�Sincerely, /�� /
�oran CMC
City Clerk
cc: Thomas Frame, City Manager
Richard Votapka, Public Works Director
Robert Massarelli, City Planner
BOARD OF COUNTY COMMISSIONERS
1840 25th Street, Vero Beach, Florida 32960
CERTIFIED MAIL
Telephone: (407) 567-8000
March 29, 1996
Thomas Frame
Sebastian City Manager
1225 Main Street
Sebastian, FL 32958
Subject: CR512 Corridor Improvements
Dear Mr. Frame:
n
APR 1996
Received
City Managers
Unice
Please find enclosed with this letter a document to convey an easement to Indian River
County for the construction of drainage improvements for the intersection of CR512 and
Louisiana Avenue. Construction is expected to begin this summer. This matter has been
discussed with Mr. Rica Votapka of the city. We are also sending a similar agreement to
the American Legion requesting an easement across their property at this location as
well. Please be advised that we will require that the contractor restore the area
excavated for the drainage pipes to as good, or better condition than before. If you have
other concerns, please advise us at this time so that we can set them out in our special
provisions for this work. We request that the city execute this easement, through the
appropriate procedures, and we will return a copy of the recorded easement to the city
for your files.
If you have any questions, please call me, or Roger Cain, County Engineer at 567-8000
extension 245, or extension 221 respectively. Again we thank you for your cooperation in
this matter.
Sincerely, �)
Jattteg W. Davis, P.E.
Public Works Director
f"'RDC/JWD:gfk
Enclosure
cc: R. Wayne Westerman, P.E.
Rich Votapka, P.E., City of Sebastian Public Works Director
file
C:\ W P60\DATA96\512COSEA.RDC
City of Sebastian
1225 MAIN STREET o SEBASTIAN, FLORIDA 32958
TELEPHONE (407) 589-5330 o FAX (407) 589-5570
May 9, 1996
Ms. Valerie Fernandez Settles
4125 Pinta Court
Coral Gables, F133146
<�(� . - YJ C� 0---
r Y -
ti -17 o�°jr
RE: Proposed Drainage Easement Along the East and North Side of the City of Sebastian Public
Works Compound
Dear Ms. Settles:
Indian River County has sent us the attached easement along with a sketch dated May 7, 1996
in reference to the above for our review and comment. The Public Works Department has obtained
copies of the following deeds from the City Clerk and County Property Appraiser's office to provide
supporting documentation for the legal description of the easement:
1) Warranty Deed dated October 15, 1995 between J. L. and Annie Councill and the
City of Sebastian conveying 9.28 acres to the City in the SE 1/4 of SW 1/4, Section
62 Township 31 South, Range 39 East, lying southeast of the Fellsmere Railroad
Right-of-way.
2) Warranty Deed dated April 20, 1948, deeding a parcel of land 300 ft x 300 ft from the
City of Sebastian to the Charles L. Futch American Legion Post No. 189 in the SE
1/4 of SW 1/4, Section 6, Township 31 South, Range 39 East.
3) Warranty Deed dated March 20, 1954, deeding a parcel of land to the Charles L.
Futch American Legion Post No. 189 from the City an additional 133 feet to the
already existing 300 foot square property in the SE 1/4 of the SW 1/4 of Section 6,
Township 31 South, Range 39 East.
4) Quit -Claim Deed dated May 3, 1985, from the City of Sebastian to Post No.
10210 Veteran's of Foreign Wars deeding Parcels 1, 2, and 3 all lying in the SE 1/4
of the SW 1/4 of Section 6, Township 31 South, Range 39 East.
Also, attached is a copy of the Indian River County Tax Map which shows the location of the
Department of Public Works compound in relation to the American Legion Property.
I have made my comments in red on the easement document and sketch as attached, and
have already discussed them today with Charles Cramer, County Surveyor. On the easement, I
deleted "A.D." after the date and revised the mailing address from "Post Office Box City Hall" to
"1225 Main Street". On the sketch, I revised the spelling of "Vetrans" to "Veterans". Mr. Cramer
and I traced the wording of the legal description in accordance with the deeds and found all to be in
proper order with the exception of the distance of 1,176.96 feet in the preamble for the True Point
of Beginning for the May 3, 1985 deed from the City to the VFW for Parcels 1, 2, and 3. Even
though the distance is in error by 214.78 feet, the tie to the described monument found by the County
supersedes the distance. Thus, the South Line of Parcel No. 3 of the Veterans of Foreign Wars is
coincidental with the north line of the 15 foot drainage easement.
--�' approval of the legal wo
�._ Please review the
RBV/lk
the joint review I had with Charles Cramer, I would recommend
r the easement to be granted by the City for drainage purposes.
as soon as possible, so that the easement can be executed soon.
cc: Thomas Frame, City Manager (Letter
512ease
Sincerely,
Richard B. Votapka, PE
Public Works Director
BOARD OF COUNTY COMMISSIONERS
1840 25th Street,, Vero Beach, Florida 32960
Telephone: (407) 567-8000
May 8, 1996
Rich Votapka, P.E.
Public Works Director
City of Sebastian
1225 Main Street
Sebastian, FL 32958
Subject: Easement with City of Sebastian for CR512 Drainage over City of
Sebastian Nblic Works Compound
Dear Mr. Votapka:
Here is the new description of the easement for the above project based on a survey by
Morgan & Eklund prepared by Charles A. Cramer, PLS, County Surveyor. Please
replace existing description with the new description.
If av
you h,- any questions, please call me at 567-8000, extension 221, or Charlie Cramer
J ""Y
at exte io 386.
S'
cerel
52
Rok* D. Cain, P.E.
County Engineer
W�--
Attachment
cc: James W. Davis, P.E., Public Works Director
Charles A. Cramer, PLS, County Surveyor
Thomas Frame, Sebastian City Manager
file
CAW MDATA96\512COSEBADC
.li Lr,/ •, a•, as •:•..a ♦•,.. .•:ry afa3 ,: ) Fla..v K
County Road 512 Corridor Improvements
Tax ID #06-31-39-00000-5000-00024.0
E A S E M E N__T' -.._� r,,,�i Ll�9G ✓ 11s. C. Cr�wMr aF /, a r..
This GRANT OF EAS MENT,- made and execute this day of
by the
CITY OF SEBASTIAN, FLORIDA, a municipal corporation existing under
the laws .of the State of Florida, th mailing address of which is
r 1,ASebasti FL 32958, hereinafter called
GRANTOR*,
to
INDIAN RIVER COUNTY, FLORIDA, a political subdivision of the State
of Florida, the address of which is 1840 25th Street, Vero Beach,
FL 32960, hereinafter called GRANTEE*,
*Whenever used herein the term GRANTOR and GRANTEE include all
parties to this instrument and their heirs, legal representatives,
successors, and assigns.
W I T N E S S E T H:
That GRANTOR for and in consideration of the sum of ONE DOLLAR and other
consideration, receipt of which is hereby acknowledged, does hereby
grant, bargain, sell, alien, remise, release, convey, and confirm unto
the GRANTEE a perpetual aaeement for DRAINAGE PURPOSES on, over, across,
and beneath the following described land, situate in Indian River
County, Florida, to -wit:
EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF
And GRANTOR hereby covenants with said GRANTEE that it is lawfully
seized of said servient land in fee simple, and that it 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 herein set its hand and seal the day
and year first above written.
Signed, sealed, and delivered
sign
- Witness
printed name:
sign
Witness
printed name:
�-
CITY OF SEBASTIAN, FLORIDA
Bim-...
(name and title: _. 1
(page one of two)
STATE OF FLORIDA
COUNTY OF INDIAN RIVER
The foregoing instrument was sworn to and subscribed before me this
day of , 1996, by as
of the CITY OF SEBASTIAN, FLORIDA, a municipal corporation existing
under the laws of the State of Florida, on behalf of said corporation.
S/he is personally known to me or produced
as identification.
My Commission Expires:
sign
Notary Public
printed name:
Commission #
City of Sebastian
1225 MAIN STREET 13 SEBASTIAN, FLORIDA 32958
TELEPHONE (407) 589-5330 13 FAX (407) 589-5570
MEMORANDUM
DATE: May 24, 1996
TO: City Manager Thomas Frame - PROMPT ATTENTION REQUIRED
FROM: Richard Votapka, Public Works Director la
SUBJECT: Proposed Drainage Easement Along the East and North
Side of the City of Sebastian Public Works Compound
as Requested by Indian River County
------------------------------------------------------------
Following the receipt of the revised legal description from
County Surveyor Charles Cramer, I sent the easement documentation
to City Attorney Valerie Settles for her review and comment. She
returned my May 9, 1996 letter to her with the comment "legal
wording (for the easement) is approved. "Therefore, I recommend
that you have the City Clerk direct her staff to prepare the Grant
of Easement for the Mayor's signature with the appropriate
signature lines, the correct City address, and the attachment of
the May 13, 1996 easement drawing as furnished to us by Charles
Cramer, Surveyor for Indian River County.
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P 5 � Reg• �
Cromer, SvrveYOr
orles �'' COU(M
na`on Rover
City of Sebastian
1225 MAIN STREET o SEBASTIAN, FLORIDA 32958
TELEPHONE (407) 589-5330 o FAX (407) 589-5570
AGENDA TRANSMITTAL
SUBJECT: Granting of Drainage
Easement Along the East & North
Side of the City's Public Works
Compound Requested by Indian River
County For CR 512 Corridor
Improvements
Approval For Submittal By:
City Manager
EXPENDITURE
REQUIRED:
AGENDA NO 910. ///
Dept. Origin: City Managed j
Date Submitted: 5/30/96
For Agenda Of: 6/05/96
Exhibits: -Resolution R-96-44
-Grant of Easement
AMOUNT
BUDGETED:
SUMMARY
APPROPRIATION
REQUIRED:
Attached, please find a memorandum from Richard Votpaka, Public Works Director, relative to
the request that I had received on March 29, 1996 from Mr. James Davis, Public Works Director
for Indian River County. In essence, the County has requested the granting of an easement
adjacent to the City's Public Works Compound in order to facilitate drainage improvements
which will be part of the intersection improvements at Louisiana Avenue and County Road 512.
The matter has been appropriately reviewed by Public Works and appropriate legal staff.
RECOMMENDATION
Move to approve Resolution R-96-44 for the authorization of the Mayor to execute the easement
granting the requested easement to Indian River County.