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HomeMy WebLinkAbout1996 - Grant Easement Adams Streeta RESOLUTION NO. R-96-68 A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, GRANTING AN EASEMENT TO DANIEL L PREUSS, TRUSTEE, AS TO AN UNDIVIDED 30% INTEREST, BARBARA LYNCH, AS TO AN UNDIVIDED 25% INTEREST, BARRY COLE AND CHARLOTTE COLE, HIS WIFE, AS TO AN UNDIVIDED 25% INTEREST, AND ROBERT DACOSTA AND LINDA DACOSTA, HIS WIFE, AS TO AN UNDIVIDED 20% INTEREST, AS TENANTS IN COMMON TO FACILITATE DRAINAGE NV i i riui THE ADAMS STREET RIGHT-OF-WAY; 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 TOIL CITY CLERK; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HERENVITH; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN jr r iLCTIVE DATE. WHEREAS, Daniel I. Preuss, Trustee, as to an undivided 30% interest, Barbara Lynch, as to an undivided 25% interest, Barry Cole and Charlotte Cole, his wife, as to an undivided 25% interest, and Robert DaCosta and Linda DaCosta, his wife, as to an undivided 20% interest, as tenants in common (the "Grantee") has requested an easement from the City of Sebastian and the First Union National Bank of Florida (the "Grantor") to facilitate drainage within the Adams Street right-of-way; and WHEREAS, the Grantee 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, a public purpose is served by the granting of the easement to the Grantee, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, that: Section 1. 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 Schedule "A' to the grant of Easement and made part hereof, to Daniel I. Preuss, Trustee, as to an undivided 30% interest, Barbara Lynch, as to an undivided 25% interest, Barry Cole and Charlotte Cole, his wife, as to an undivided 25% interest, and Robert DaCosta and Linda DaCosta, his wife, as to an undivided 20% interest, as tenants in common to facilitate drainage within the Adams Street right-of-way. 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 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 be further be assumed that the City Council would have enacted the remainder of the Resolution without said invalid and unconstitutional provision, thereby causing said remainder to remain in full force and effect. Section 6. EFFECTIVE DATE. This Resolution shall take effect immediately upon final passage. The fo egoing Resolution was moved for adoption by Councilmember The motion was seconded by Councilmemeber and, upon being put to a vote, the vote was as follows: Mayor Louise R. Cartwright Gip Vice -Mayor Walter W. Barnes Councilmember Norma J. Damp Councilmember Raymond Halloran Councilmember Richard J. Taracka 05t, The Mayor thereupon declared this Resolution duly passed and adopted this day of 1996. ATTEST: Kathryn . O'Halloran, CMC/AAE City Clerk CITY OF SEBASIAN, FLORIDA B Louise . Cartwright, Mayor A. (Seal) Approved as to Form and Content: Valerie Settles City Attorney Record and return to preparer Recording: 24.5-0 x of instrument: Deed Stamps: .•70 Total: 2,T.Lp p Christopher H. Marine, Esq. 17% I` 79 Beachland Boulevard IN THE RECORDS OF '} Nero Beach, FL 32963 JEFFREY K. BARYON m li CLERK CIRCUIT COURT 00" cc < 1; INDIAN RIVER CO., FLA. o "J? i EASEMENT THIS EASEMENT, made and executed this 47- day of .4 `__, 1996, by !!FIRST UNION NATIONAL BANK OF FLORIDA, formerly known as THE FIRST BANKERS, N.A., a Florida corporation, in a corporate capacity and as TRUSTEE under the terms of a Trust Agreement dated February 8, 1985, and CITY OF SEBASTIAN, a .municipality of the State of Florida, whose post office address is c/o 500 Beachland Boulevard, Vero Beach, Florida 32963, and 1225 Main Street, Sebastian, Florida 32958, respectively, as GRANTOR and DANIEL I. PREUSS, AS TRUSTEE UNDER TRUST AGREEMENT DATED MAY 24, 1993, as to an undivided Thirty Percent (30%) interest, BARBARA B. LYNCH, AS TRUSTEE UNDER TRUST AGREEMENT DATED DECEMBER 11, 1986, as to an undivided Twenty Five Percent (25%) interest, BARRY COLE and CHARLOTTE COLE, HIS WIFE, as to an undivided Twenty Five Percent (25%) interest and ROBERT DaCOSTA and LINDA DaCOSTA, HIS WIFE, as to an undivided Twenty Percent (20%) interest, as tenants in common, whose post office address is collectively c/o Post Office Box 780384, Sebastian, Florida 32978-0384, as GRANTEE: WITNESSETH, that die Grantor, for and in consideration of the sum of Ten ($10.00) Dollars and other valuable considerations, the receipt of which is hereby acknowledged, by Cl Othese presents does give, grant, release and convey unto the Grantee, its successors and assigns w w a non-exclusive drainage easement over, upon and across the following described real ¢? z property located and situate in Indian River County, Florida, to the extent that the Grantor has Oa¢ tuan interest therein: �-¢a (L¢w See Schedule "A" attached hereto, by reference incorporated Oa: 0)_ herein. 0Ow 5. w91 i The purpose of this conveyance is to permit Grantee rights of drainage within an O ¢ F- existing ditch located in the easement area described above. Grantee shall not alter or extend "' O v the existing drainage ditch or pattern. The Grantee shall indemnify and save the Grantor z m harmless from and against any and all damage, injuries, losses, claims, demands or costs r3 proximately caused by the fault, culpability, or negligence of the Grantee in the connection with the exercise of rights conferred herein. The easements hereby created shall be binding upon the Grantor and the Grantor's successors in title to all of the above described real property and shall inure to the benefit of the said Grantee and its successors in title to the following described real property located and situate in Indian River County, Florida: Parcel l: Lot .5, Block 2, W.A. Martins Subdivision, less the Easterly -26.74 feet thereof, according to the Plat thereof as recorded in Plat Book 3, Page 12, of the public records of St. Lucie County, Florida, said land now lying and being in Indian River County, Florida. O Ito cn rb CD ,o ICA) ALSO INCLUDING CD Parcel 2: -- a portion of Government Lot 6, Section 6, Township 31 South, — Range 39 East, lying between the Florida East Coast Railroad -o right of way and U.S. Highway No. 1 right of way being more particularly described as follows: N J N) J "iy f t Commence at the intersection of the South side of Adams Street and the East side of the Florida East Coast Railroad right of way which is 13.03 feet South and 108.46 feet East of the Southwest corner of Government Lot 5, Section 6, Township 31 South, Range 39 East; run S2312712" E along the East right of way line ' of said Florida East Coast Railroad, 116.20 feet to the point of beginning, thence continue S23°27'12" E along said right of way line 142.00 feet to the North line of W.A. Martins Subdivision, as recorded in Plat Book 3, Page 12, of the public records of St. Lucie County, Florida; thence N88°05'09" E along the North line of said W.A. Martins Subdivision, 248.78 feet to the Westerly right of way line of present day U.S. Highway No. 1, 100 foot right of way; thence N20°00'00" W along the said Westerly right of way line, 227.66 feet; thence S67°58'09" W, 245.20 feet to the point of beginning. Said parcel now lying and being in Indian ' River County, Florida. SUBJECT TO, and the Grantor hereby reserves all rights of drainage and passage over, upon and across the easement parcel herein described, for the Grantor, and .the Grantor's successors. assigns, lessees, licensees and invitees. The Grantee is specifically conferred the power and authority either to protect, conserve ,land to sell, or to lease, or to encumber, or otherwise to manage and dispose of the real property described above, mid All other powers mid authority grunted under Chapter 689.071, ' i Florida Statutes. The City of Sebastian joins in this grant of easement as Grantor for the sole purpose 11 of granting drainage rights in favor of Grantee over that portion of the existing ditch located within the "Adams Street" right-of-way. The City of Sebastian makes no covenants or warranty of title. This Easement and all rights conferred herein shall terminate and immediately become of no further force or effect in the event: (a.) Grantee develops the benefitted parcel referred to above ' in a manner requiring site plan approval from the City of Sebastian, Florida and installation and placement of new drainage facilities currently required by land development ordinances; or (b.) Grantor develops Grantor's adjacent property in a manner requiring site plan approval from the City of Sebastian, Florida and installation and placement of new drainage facilities currently required by land development ordinances. Grantee agrees to execute and deliver a quit -claim deed, or other release instrument required by Grantor, in recordable form, upon termination of this easement as provided above. IN WITNESS WHEREOF, the said Grantor has signed and sealed these presents the day and year first -above written. - ---- Signed, sealed and delivered in ourp e FIRST UNION NATIONAL BANK i, OF FLORIDA, formerly known as THE FIRST BANKERS, N.A., a Florida corporation, in a corporate capacity and as Printed Name: Chlistober H. MadnSTRUSTEE under the terms of a Trust Agreeme t ed Febru, 1985 By- e President— i Printed Name i! r2rol K. Wilcox (Corporate Seal) N N co Louise R. Cartwright Printed Name: M$yor Kathryn M. O'Halloran Printed Name: City Clerk i j STATE OF FLORIDA COUNTY OF INDIAN RIVER CITY OF SEBAS of the State of Flc By • �-c- i t itl*e ..A do . R '' a 4ry,f • 1� ;..., e (Corporateaoi �1/Jy r � � � %'• � ' rad 4 c .i ;. ATTES,�•- 1! i=5 •f , } City Clerk = '0 "'-fee-?. , I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State and County aforesaid to take acknowledgments, personally appeared T ANDREW ARV�y well known to me to be the Vice President of the corporation named !'in the foregoing instrument and that he severally acknowledged executing the same in the presence of two subscribing witnesses freely and voluntarily under authority duly vested in J him by said corporation and that the seal affixed thereto is the true corporate seal of said icorporation and who did take an oath. WITNESS my hand and official seal in the County and State last aforesaid this /pl� day of�, A.D. 1996. r I� tary Public ' 1W 'nted Name: Carol K. Wilcox • mmission No.: My Commission Expires: (Notary Seal) ,! 7 STATE OF FLORIDA •tit My CComm O # CC Y 39 i ,;COUNTY OF INDIAN RIVER I I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the i (Stated County aforesaid to take acknowledgments, personally appeared � JZI well known to me to be the Mayor of the municipality of the State of Y P Y Florida named inthe foregoing instrument and that he severally acknowledged executing the same in the presence of two subscribing witnesses freely and voluntarily under authority duly vested in him by said municipality and that the seal affixed thereto is the true corporate seal of said municipality and who did take an oath. "SS my hand and official seal in the County and State last aforesaid this / day ofc: • #-. , A.D. 1996. •A l t. �• . Notary Puvc _ ' Printed Name: Ra A 1 (' j-7 7 Commission No.: e' ¢) { My Commission Expires: /0l5 is :� (� (Notary Seal) t►is'''••. SALLY A. MAIO :.: MY COMMISSION 0 CC 401774 yA •� EKPIRES. October 6, 1998 1 i 1 r W111101111rU NotW Pubft n (I 11 l 1 SCHEDULE "A" F',`'C'Rl'lnN 8' WZDI DRAIiYAGE i)fAINTENA YCE EASEJVIE11 T AN & 00 FOOT WIDE POR77ON OF LAND LY7XG 1N GOVERMIENT L073 S d 6, SECTION 6, TOW'VSHIP 31 SOUTII, RANGE 39 EAST; INDIANRIYER COUN77, FLORIDA, LOCATED BETWEEN THE FZORlDA EAST COAST RAILROAD RIGHT OF WAYAND U. S. IHGIHWAY No. I RIGRT OF WAY BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS. Co4w.vlE.VajVG AT THE IMERSEMON OF THE SOUTH SIDE OF MADAMS STREET AND THE E4ST SIDE OF THE FLORIDA EAST COAST RAILROAD RIGRT OF WAY WHICHIS 13.0.3 FEET SOUTHAND 109.46 FEET EAST OF THE SOCORNER OF GOVERN VT LOT S, SEC77ON 6, T OWINSMP 31 SOU, RANGE 39 EAST; RUN S 2.3' 27' 12" E ALONG THE EAST RIGHT OF WAY MVE OF SAID FLORMA EfI.ST COAST BALLROAD,116.20 FEET 7.0 TUE NOR?RWEST CORNER OF PARCEL # 2; THENCE N 67'58` 09" E ALONG THE NORTH LINE OF PARCEL # A. 110.45 FEET TO THE POINT OF BEGINNING OF THE 8 FOOT WIDE DRAMA GF.:jl- jV EjV 4,VCE EASEMENT LYING 4 FOOT EACH SIDE OF THE FOLLOWING DESCRIBED LINE; RUN N 15'11' 50" W, 16.83 ,F'E,L?; THENCE N 16046' 25" W, 67.36 FEET; THENCE N 1331' 59" W; 61.69 FEET; THENCE 1V 12 *08' 59" W, 99.85 FEET; T,hT, WCE S 86 *3?' 06" E 49.33 FEET- TH FjVCE S 32° S6' 28" E, 50.96 FEET; THENCE S 60'26' 01 "E, 12.76 FEET; 7HEi NCE N 70 * 00' 00" Es 9.77 FEET MORE OR LESS TO THE MAT OF TEB-WNUS AT ME WEST RIGHT OF WAY LINE OF U. S. RrGIR;4Y No. 1. PREPARED BY MOODY & BRYA•NT MND SURYEYING, INC. or r� JOHN R. GOULD (19214988) BYRON T. COOKSEY DARRELL FENNELL EUGENE J. O'NEEL' Mr. Robert Massarelli City Planner City of Sebastian 1225 Main Street Sebastian, Florida 32958 LAW OFFICES OF GouLD, COOKSEY, FENNELL, OWEILL &. MARINE, P. A. 979 BEACHLAND BOULEVARD VERO BEACH, FLORIDA 32963 TELEPHONE (561) 231-UOO FAX (561) 231.2020 October 10, 1996 Re: First Union National Bank of Florida, Trustee of Park Trust (Adams Street Abandonment) Dear Bob: CHELSIOPHER H. MARINE DAVM M. CARTER TODD W. FENNELL -FLA BOARD CEIU= CNB. TRW. LAWYER 151996 .R Enclosed herewith is a photocopy of the executed drainage Easement recorded in O.R. Book 1119, Page 2727, of the Indian River County public records. Thank you again for your assistance. CHM/ckw enclosure Since yo Christ pher H. Marine C.e/a6[ieW 1955 a Record and return to preparer of instrument: Christopher H. Marine, Esq. 979 Beachland Boulevard Vero Beach, FL 32963 EASEMENT Recording: Deed Stamps: Total: ► THIS EASEMENT, made and executed this day of , 1996, by FIRST UNION NATIONAL BANK OF FLORIDA, formerly known as THE FIRST BANKERS, N.A., a Florida corporation, in a corporate capacity and as TRUSTEE under the terms of a Trust Agreement dated February 8, 1985, and CITY OF SEBASTIAN, a municipality of the State of Florida, whose post office address is c/o 500 Beachland Boulevard, Vero Beach, Florida 32963, and 1225 Main Street, Sebastian, Florida 32958, respectively, as GRANTOR and DANIEL I. PREUS S, AS TRUSTEE UNDER TRUST AGREEMENT DATED MAY 24, 1993, as to an undivided Thirty Percent (30%) interest, BARBARA B. LYNCH, AS TRUSTEE UNDER TRUST AGREEMENT DATED DECEMBER 11, 1986, as to an undivided Twenty Five Percent (25%) interest, BARRY COLE and CHARLOTTE COLE, HIS WIFE, as to an undivided Twenty Five Percent (25%) interest and ROBERT DaCOSTA and LINDA DaCOSTA, HIS WIFE, as to an undivided Twenty Percent (20%) interest, as tenants in common, whose post office address is collectively c/o Post Office Box 780384, Sebastian, Florida 32978-0384, as GRANTEE: WITNESSETH, that the Grantor, for and in consideration of the sum of Ten ($10.00) Dollars and other valuable considerations, the receipt of which is hereby acknowledged, by these presents does give, grant, release and convey unto the Grantee, its successors and assigns I , a non-exclusive drainage easement over, upon and across the following described real i; property located and situate in Indian River County. FIM& +n the PV+PT9+ +I%nf *U. 1711---4-- L-- Commence at the intersection of the South side of Adams Street and the East side of the Florida East Coast Railroad right of way i which is 13.03 feet South and 108.46 feet East of the Southwest corner of Government Lot 5, Section 6, Township 31 South, Range 39 East; run S23°2712 E along the East right of way line t ; of said Florida East Coast Railroad, 116.20 feet to the point of beginning, thence continue S23°27'12" E along said right of way line 142.00 feet to the North line of W.A. Martins Subdivision, as 1 recorded in Plat Book 3, Page 12, of the public records of St. Lucie County, Florida; thence N88°05'09" E along the North line of said W.A. Martins Subdivision, 248.78 feet to the Westerly j right of way line of present day U.S. Highway No. 1, 100 foot right of way; thence N20°00'00" W along the said Westerly right of way line, 227.66 feet; thence S67058'09" W, 245.20 feet to the ! point of beginning. Said parcel now lying and being in Indian IRiver County, Florida. i. SUBJECT TO, and the Grantor hereby reserves all rights of drainage and passage over, upon and across the easement parcel herein described, for the Grantor, and the Grantor's it successors. assigns, lessees, licensees and invitees. The Grantee is specifically conferred the power and authority either to protect, conserve and to sell, or to lease, or to encumber, or otherwise to manage and dispose of the real � P property described above, and all other powers and authority granted under Chapter 689.071, Florida Statutes. it The City of Sebastian joins in this grant of easement as Grantor for the sole purpose j of granting drainage rights in favor of Grantee over that portion of the existing ditch located ' j within the "Adams Street" right-of-way. The City of Sebastian makes no covenants or warranty of title. Louise R. Cartwright Printed Name: Mayor Kathryn M. O'Halloran Printed Name: City Clerk STATE OF FLORIDA COUNTY OF INDIAN RIVER CITY OF SEBASTIAN, a municipality of the State of Florida L-Imayor (Corporate Seal) ATTES+ .c.�c�.,�.. M e9f1 City Clerk I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State and County aforesaid to take acknowledgments, personally appeared , well known to me to be the Vice President of the corporation named in the foregoing instrument and that he severally acknowledged executing the same in the presence of two subscribing witnesses freely and voluntarily under authority duly vested in him by said corporation and that the seal affixed thereto is the true corporate seal of said corporation and who did take an oath. WITNESS my hand and official seal in the County and State last aforesaid this day of , A.D. 1996. +i li I� Notary Public i Printed Name: j Commission No.: My Commission Expires: r* SCHEDULE "A" ,I)EM,"RIPTION 8' WIDE DRAINA GE MAINTENANCE EASEMENT AN 8. 00 FOOD" WIDE PORTION OF LAND ,LYING IN GOVERNMENT LOTS 5 & 6, SECTION 6, TOWNSHIP 31 SOUTHo RANGE 39 EAST INDIAN RIVER COUNTY, FLORIDA, LOCATED BEIWEE.N TEE FLORIDA EAST COAST RAILROAD RIGiiT OF WAYAND U. S. HIGHWAY No. I ,RIGHT OF WAY BEING MORE PAR?1CUL 4RLY DESCRIBED AS FOLLOWS: C04M.-VIENCI1MG AT TME 11W ERSECTTON OF TME SOUTH SIDE OF ADAMS STREET AND 771E EAS7'SIDE OF ME FLORIDA EAST COAST RAILROAD RIGHT OF WAY OWCHLS 13.03 FEET SOMMAND 108.46 FEES" EAST OF TEE SOU?IIWEST CORNER OF GOVER MMT LOT S, SECTION 6, TOWNSHIP 31 SOUTH, RANGE 39 EAST; RUN S 23027' 12" E ALONG THE EAST RIGRT OF WAY LINE OF SAID FLORIDA EAST COAST RAILROAD, 116.20 FEET 70 ME NORINWEST CORNER OF PARCEL 8 2; THENCE 1V 67'58' 09" E ALONG ME NORTH LINE OF PARCEL 0 2. 110.45 FEET TO THE POINT OF BEGINNING OF THE 8 FOOT WIDE DRAINAGE M4llW EgV4LVCE EASMUENT LYING 4 FOOT EACH SIDE OF THE FOLL0WING DESCRIBED LINE; RUN N 15711' 50" W, 16.83 FEET - .9 N 16 "46' 25" W, 67.36 FEET; THENCE N 13 *31' 59" W, 61.69 FEE?; THENCE N 120081 59" W, 99.83 FEET, TIMME S 86 *37' 06" E 49.33 FEET; 7K .-,NCE S 82° 56' 28" E, 30.96 FEET THENCE S 60'26' 01 "E, 12.76 FEET; THENCE N 10' 00' 00" E, A 77 FEET .MORE OR LUSS TO THE POINT OF TERMINUS A T 771E WEST RIGRT OF WAY LINE OF U.S. HIGHWAY No.1. PREPARED BY MOODY & BRYAN ' LAND SURVEYING, INC. Record and return to preparer Recording: of instrument: Deed Stamps: Total: Christopher H. Marine, Esq. 979 Beachland Boulevard Vero Beach, FL 32963 EASEIN.u�..x q .L THIS EASEMENT, made and executed this day of , 1996s by FIRST UNION NATIONAL BANK OF FLORIDA, formerly known as THE FIRST BANKERS, NA, a Florida corporation, in a corporate capacity and as TRUSTEE under the terms of a Trust Agreement dated February 8, 1985, and CITY OF SEBASTIAN, a municipality of the State of Florida, whose post office address is c/o 500 Beachland Boulevard, Vero Beach, Florida 32963, and 1225 Main Street, Sebastian, Florida 32958, respectively, as GRANTOR and DANIEL L PREUSS, AS TRUSTEE UNDER TRUST AGREEMENT DATED MAY 24, 1993, as to an undivided Thirty Percent (30%) interest, BARBARA B. LYNCH, AS TRUS'T'EE UNDER TRUST AGREEMENT DATED DECEMBER 11, 1986, as to an undivided Twenty Five Percent (25%) interest, BARRY COLE and CHARLtj i i r. COLE, HIS wiurj:, as to an undivided Twenty Five Percent (25%) interest and ROBERT DaCOSTA and LINDA DaCOSTA, HIS WNE, as to an undivided Twenty Percent (20%) interest, as umants in common, whose post office address is collectively do Post Office Box 780384, Sebastian, Florida 32978-0384, as GRANTEE: .»YXX, that the Grantor, for and in consideration of the sum of Ten ($10.00) Dollars and other valuable considerations, the receipt of which is hereby acknowledged, by these presents does give, grant, release and convey unto the �Le::C:.:.., its successors and assigns a non-exclusive drainage casement over, upon and across the following described real property located and situate in Indian River County, Florida, to the extent that the Grantor has an interest therein: . See Schedule `sA" attached hereto, by reference incorporated herein. The purpose of this conveyance is to permit Grantee rights of drainage within an existin=g ditch located in the easement area described above. Grantee shall not alter or extend the existing drainage ditch or pattern. The Grantee shall indemnify and save the Grantor harmless from and against any and all damage, injuries, losses, claims, demands or costs proximately caused by the fault, culpability, or negligence of the Grantee in the connection with the exercise of rights conferred herein. The easements hereby created shall be binding upon the Grantor and the Grantor's successors in title to all of the above described real property and shall inure to the benefit of the said Grantee and its successors in title to the following described real r...r:.. ty located and situate in Indian: River County, Florida: Parcel: Lot 5, Block 2, W.A. Martins Subdivision, less the Easterly 26.74 feet thereof, according to the Plat thereof as recorded in Plat Book 3, Page 12, ofthe public records of St. Lucie County, Florida, said land now lying and being in Indian River County, Florida,. ALSO INCLUDING ]Parcel A: a portion of Government Lot 6, Section 6, Township 31 South, Range 39 East, lying the Florida East Coast Railmad right of way and U.S. Highway No. ] right of way being more particularly described as follows: � -. • «.. . T-:'4 �v�1�:t,:t.':'!+l1�!?� •'l?'A :\t5���?t i�C��•�i�i1}. r{'.✓S :�'� �;« 200 'd OZOZI2ZI991 AV ASH000 '09819 40:9I (l 1) 96 ,SO-d3S Commence at the intersection of the South side of Adams Street and the East side of the Florida East Coast Railroad right of way which is 13.03 feet South and 108.46 feet East of the Southwest corner of Government Lot 5, Section 6, Tovmship 31 South, Range 39 East; run S23°2712" E along the East right of way line of said Florida East Coast Railroad, 116.20 feet to the point of beginning, thence continue S2327'12" E along said right of way line 142.00 feet to the North line of W.A. Martins Subdivision, as recorded in Plat Book 3, Page 12, of the public records of St. Lucie County, Florida; thence N88005'09" E along the North line of said W.A. Martins Subdivision, 248.78 feet to the Westerly right of way line of present day LJ.S, Highway No. 1, 100 foot right of way; thence N20*00'00" W along the said Westerly right of way line, 227.66 feet; thence S67758109" W, 245.20 feet to the point of beginning. Said parcel now lying and being in Indian River County, Florida. SUBJECT TO, and the hereby ,,% all rights of drainage and passage over, upon and across the easement parcel herein described, for the Grantor, and the Grantor's successors. assigns, lessees, licensees and invitees. The Grantee is specifically conferred the power and authority either to �.�..b:....�, conserve and to sell, or to lease, or to encumber, or otherwise to manage and dispose of the real described above, and all other powers and authority granted under Chapter 689.071, Florida Statutes. The City of Sebastian joins in this grant of easement as Grantor for the sole purpose of granting drainage.rights in favor of Grantee over that portion of the existing ditch located within the "Adams Street" right-of-way. The City of Sebastian makes no covenants or warranty of title. This Easement and all rights .. 3 herein shall terminate and immediately become of no further force or effect in the event: (a) G..:.:. develops the benefitted parcel Y.,f...Y:.d to above in a manner requiring site plan approval from the City of Sebastian, Florida and installation and placement of new drainage facilities currently required by land development ordinances; or (b.) Grantor develops Grantor's adjacent property in a manner requiring site plan arm .. val from the City of Sebastian, Florida and installation and placement of new drainage facilities currently required by land development ordinances. Grantee agrees to execute and deliver a quit -claim deed, or other release instrument required by G��.,,,.�is recordable form, upon termination of this easement as provided above. IN WITNESS WHEREOF, the said G. U.. has signed and sealed these presents the day and year first above written. Signed, sealed and delivered M our presence: FIRST UNION NATIONAL BANK OF FLORIDA, formerly known as THE FIRST BANKERS, N.A., a Florida corporation, in a �..,,.rw, . b capacity and as Printed Name: TRUSTEE under the terms of a Trust Agreement dated February 8, 1985 By: Vice President Printed Name �.41%. Seal) X00 'd OZOZI£ZI9Si-..;.,,. .:_.;...., ....•.:.,..:.•..:r . 3• ,... Md'I 'A3sim 'Qmdo LO: 9I (M) 96 ,SO-d3S CITY OF SEBASTIAN. a municipality of the State of Florida Printed Name: By: Mayor (Corporate Seal) Printed Name: ATTEST: City Clerk STATE OF FLORIDA COUNTY OF I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State and County aforesaid to take acknowledgments, personally appeared well known to me to be the Vice President of the corporation named in the foregoing imer±t and that he severally acknowledged executing the same in the presence of two subscribing witnesses freely and voluntarily under authority duly vested in him by said corporation and that the seal axed thereto is the true corporate seal of said corporation and who did take an oath. WITNESS my hand and official seal in the County and State last aforesaid this day of , A.D. 1996. Notary Public Printed Name: Commission No.: My Commission Expires: (Notary Seal) . STATE OF FLORIDA I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State and County aforesaid to take acknowledgments, personally e.. .•d well known to me to be the Mayor of the municipality of the State of Florida named in the foregoing ins= ent and that he severally acknowledged executing the same in of two subscn`bnig witnesses freely and voluntarily under authority duly vested in him by said municipality and that the seal affixed thereto is the true corporate seal of said municipality and who did take an oath. WiINESS my band and Official seal in the County and State hast aforesaid this day of , A.D. 1996_ Notary Public Printed Name: Commission No.: My Carami9sion Expires: (Notary Seal) 900 'd n7(17TS'7TACT AAwri 'trjcunnn Inrynnn on -OT InuT 1 oc on -1,3c City of Sebastian 1225 MAIN STREET ❑ SEBASTIAN, FLORIDA 32958 TELEPHONE (407) 589-5330 ❑ FAX (407) 589-5570 SUBJECT: Resolution No. R-96-68 ) Granting an easement to facilitate ) drainage within the Adams Street ) right-of-way ) Approval for Submittal By: ) City Manager Agenda Number: Dept. Origin: Date Submitted For agenda Of Exhibits: 1. EXPENDITURE AMOUNT REQUIRED: BUDGETED: SUMMARY STATEMENT Communitv Dev. QN— (RM) 09/5/96 09/11/96 Resolution R-96-68 APPROPRIATION REQUIRED: Mr. Christopher Marine representing the Park Trust contacted the City concerning a parcel of land the Trust desires to sell. The survey of the property determined that an "Adams Street" right-of-way existed there despite the fact that structures were built on the right-of-way. A drainage ditch runs from the parcel on the south side of the right-of- way to the parcel on the south side. In order to sell the north parcel, the Trust needs to establish an easement from that parcel through the right-of-way and the south parcel. Mr. Marine requested that the City grant an easement through the Adams Street right- of-way. Mr. Marine has indicated that in the future, it is the Trust's intent to request a vacation of the right-of-way. The City Attorney has reviewed and approved the grant of easement. RECOMMENDED ACTION Approve resolution R-96-68 granting the easement and authorizing the Mayor to sign and the City Clerk to attest the grant of easement. RESOLUTION NO. R-96-68 A RESO TION OF THE CITY OF SEBASTIAN, INDIAN RIVE COUNTY FLORIDA, GRANTING AN EASEMENT TO DANE L PREUSS, USTEE, AS TO AN UNDIVIDED 25% INTE ST, BARBARA YNCH, AS TO AN UNDIVIDED 25% IN ST, BARRY CO AND CHARLOTTE COLE, HIS WIFE, A TO AN UNDIVIDED N; INTEREST, AND ROBERT DAC TA AND LINDA DACO A, HIS WIFE, AS TO AN UND ED 25% INTEREST, AS NANTS IN COMMON TO ACILITATE DRAINAGE W Y I THE ADAMS STREET HT OF WAY; AUTORIZING THE YOR TO SIGN AND CITY CLERK TO ATTEST, ON BE F OF THE CITY THE GRANT OF EASEMENT; PRO G THAT THE GRANTEE SHALL RECORD THE EASEME T AND H A COPY OF THE RECORDED INSTRUMEN O THE CLERK; PROVIDING FOR REPEAL OF RESOLUTI NS OR ARTS OF RESOLUTIONS IN CONFLICT HEREWITH; P O G FOR SEVERABILITY; AND PROVIDING FOR AN J,rvz DATE. WHEREAS, Daniel I. Preuss, Tru ee,\tion ided 25% interest, Barbara Lynch, as to an undivided 25% interest, Cotte Cole, his wife, as to an undivided 25% interest, and Robert Costa aCosta, his wife, as to an undivided 25% interest, as tenants in ommon (t) has requested an easement from the City of Sebastian and the F' st Union Nf Florida (the "Grrantor") to facilitate drainage within the Ad Street right - WHEREAS, the Gr ee upon receipt of the execute ant of easement, will record and return a copy o the recorded easement to the City lerk for the City of Sebastian; and WHEREAS, a blic purpose is served by the granting of the ement to the Grantee, NOW, THEREFO)RE9 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEBAS , INDIAN RIVER COUNTY, FLORIDA, that: Section EASEMENT DESCRIPTION. The City Council of the 'ty of Sebastian, Indi River County, Florida, hereby grants an easement, indentified as E of "1" to this re lution, further described in Schedule "A" to the grant otEasemnt and in de part hereof, Daniel I. Preuss, Trustee, as to an undivided 25% interest, Barbara Lyn as to an divided 25% interest, Barry Cole and Charlotte Cole, his wife, as to undivided 25% interest, and Robert DaCosta and Linda DaCosta, his wife, as to an undivided 25% interest, as tenants in common to facilitate drainage within the Adams Street right-of-way. 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 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 be further be assumed that the City Council would have enacted the remainder of the Resolution without said invalid and unconstitutional provision, thereby causing said remainder to remain in full force and effect. Section 6. EFFCTIVE DATE. This Resolution shall take effect immediately upon final passage. The foregoing Resolution was moved for adoption by Councilmember The motion was seconded by Councilmemeber and, upon being put to a vote, the vote was as follows: Mayor Louise R. Cartwright Vice -Mayor Walter W. Barnes Councilmember Norma J. Damp Councilmember Raymond Halloran Councilmember Richard J. Taracka The Mayor thereupon declared this Resolution duly passed and adopted this day of , 1996. ATTEST: Kathryn M. O'Halloran, CMC/AAE City Clerk CITY OF SEBASIAN, FLORIDA By: Louise R. Cartwright, Mayor (Seal) Approved as to Form and Content: Valerie Settles City Attorney JOHN R. GOULD (19214988) BYRON T. COOKSEY DARRELL FENNELL EUGENE J. O'NERL• Ms. Kathryn O'Halloran City Clerk City of Sebastian 1225 Main Street Sebastian, Florida 32958 LAW OFFICES OF GOULD, COOKSEY, FENNELL, O'NEILL & MARiNE, P.A. 979 BEACHLAND BOULEVARD VERO BEACH, FLORIDA 32963 TELEPHONE (561) 231.1100 FAX (561) 231.2020 July 24, 1996 Re: Park Trust to Preuss, et al., Transaction Dear Ms. O'Halloran: CHRIS OPHER H. MARINE DAVID M. GAITER TODD W. FENNELL •PIA BOARD CERTff® C YM TRIAL LAWYER This firm represents the Park Trust, owner of a mobile home park on U.S. 1 in Sebastian which is adjacent to the old "Adams Street" right-of-way which runs east/west from U.S. 1 to the Florida East Coast railroad right-of-way. It is believed that Adams Street was abandoned or vacated some time ago, but nothing appears in the Indian River County public records. Would you kindly review the City records to verify abandonment, and provide me with a photocopy of the Town Council minutes where this action was taken at your earliest opportunity. Thank you for your assistance and please advise me if you need any thing from my office to proceed. CHM/ckw cc: Ms. Charlotte Boyle Mr. Tom Schlitt 61.11mLJ 1955 (979- 3- U-83-iS 6-83-/6 (ul- 0-85=/3 Ell o-A -n 6- D-1( Record and return to preparer of instrument: Christopher H. Marine, Esq. 979 Beachland Boulevard Vero Beach, FL 32963 EASEWxim.x -4 iL Recording: Deed Stamps: Total: A rub FASE1Vi to 4 Y, made and executed this day of , 1996, by FIRST UNION NATIONAL BANK OF FLORIDA, formerly known as THE FIRST BANKERS, N.A., a Florida corporation, in a corporate capacity and as TRUSTEE under the terms of a Trust Agreement dated February 8, 1985, and CITY OF SEBASTIAN —a 1 ceireravien. whose post office address is c/o 500 Beachland Boa=Vero Beach, Florida 32963, and 1225 Main Street, Sebastian, Florida 32958, respectively, as GRANTOR and DANIEL I. PREUS S, TRL � i rr✓, as to an undivided 250/6 interest, BARBARA per'. v LYNCH, as to an undivided 25% interest, BARRY COLE and CHARLV I 1 r: COLE, HIS WIFE, IFS`' as to an undivided 25% interest and ROBERT DaCOSTA and IJNDA DaCOSTA, his wife, as 41-9-1 at to an undivided 25% interest, as tenants in common, whose post office address is collectively c/o Post Office Box 780384, Sebastian, Florida 32978-0384, as GRANTEE: 1 an; i a, that the G.c...W., for and in consideration of the sum of Ten (S 10.00) �i Dollars and other valuable considerations, the receipt of which is hereby acknowledged, by does give, grant, release and convey unto the Grantee, its successors and assign a non-exclusive drainage easement over, upon and acro the following described r property located and situate in Indian River County, Flo ri ?- eme Schedule "A" attached hereto, by reference incorporated herein. The purpose of this conveyance is to permit Grantee rights of drainage within an existing ditch located in the easement area described above. Grantee shall not alter or extend the existing drainage ditch or pattern. The Grantee shall indemnify and save the Grantor harmless from and against any and all damage, injuries, losses, claims, demands or costs proximately caused by the fault, culpability, or negligence of the Grantee in the connection with the exercise of rights conferred herein. The easements hereby created shall be binding upon the Grantor and the Grantor's successors in title to all of the above described real property and shall inure to the benefit of the said G -..A" and its successors in title to the following described real property located and situate in Indian River County, Florida: Parcel 1: Lot 5, Block 2, V.A. Martins Subdivision, less the Easterly 26.74 feet thereof, according to the Plat thereof as recorded in Plat Book 3, Page 121, of the public records of St Lucie County, Florida, said land now lying and being in Indian River County, Florida. ALSO INCLUDING Parcel 2: a portion of Government Lot 6, Section 6, Township 31 South, Range 39 East, lying between the Florida East Coast Railroad right of way and U.S. Highway No. 1 right of way being more particularly described as follows: Commence at the intersection of the South side of Adams Street and the East side of the Florida East Coast Railroad right of way which is 13.03 feet South and 108.46 feet East of the Southwest corner of Government Lot 5, Section 6, Township 31 South, C"'ie.-�••4rC+•.v.w •. :�.iL. 1Lr...•�rt^ ... A j �7i .� .�. +y� •��.= . Y . �'ti . .�i V.. �.. .�� •h•�.t. - �� �': �� ��: .. -J' . �. . r='! -r= :�'t• .. '-A: :i -•:..+••+•fit ii._ f •••'•'..'.•• . •� £00 A NoZI£Zi9Si ! �.AV I 'A3Sx000 'a1600 (NOW) O ,9Z-OnY Range 39 East; run 523027112" E along the East right of way line of said Florida East Coast Railroad, 116.20 feet to the point of beginning, thence continue S23027112" E along said right of way line 142.00 feet to the North line of W.A. Martins Subdivision, as recorded in Plat Book 3, Page 12, of the public records of St. Lucie County, Florida; thence N88105'09" E along the North line of said W.A. Martins Subdivision, 248.78 feet to the Westerly right of way line of present day U.S. Highway No. 1, 100 foot right of way; thence N20*00'00" W along the said Westerly right of way line, 227.66 feet; thence S67058109" W, 245.20 feet to the point of binning. Said parcel now lying and being in Indian River County, Florida. SUBJECT TO, and the Ga- c -A ,-,, hereby reserves all rights of drainage and passage over, upon and across the easement parcel herein described, for the Grantor, and the Grantor's successors. assigns, lessees, licensees and invitees. The City of Sebastian joins in this grant of easement as Grantor for the sole purpose of e,".A1;..;g drainage rights in favor of Grantee over that portion of the existing ditch located within the "Adams Street" right-of-way. The City of Sebastian makes no covenants or warranty of title. This Easement and all rights conferred herein shall terminate and immediately become of no further force or effect in the event: (a.) Grantee develops the benefitted parcel referred to above in a manner requiring site plan 4qr=... 41 from the City of Sebastian. Florida and installation and placement of new drainage facilities currently required by land development ordinances; or (b.) Grantor develops Grantor's adjacent property in a manner requiring site plan approval from the City of Sebastian, Florida and installation and placement of new drainage facilities currently required by land development ordinances. Grantee agrees to execute and deliver a quit -claim deed, or other release instrument required by G.t.,., in recordable form, upon termination of this easement as provided above. IN WTINESS WHEREOF, the said Grantor has signed and sealed these presents the day and year first above written. Signed, sealed and delivered in our presence: Printed Name: Printed Name Printed Name: Printed Name: FIRST UNION NATIONAL BANK OF FLORIDA, formerly known as THE FIRST BANKERS, N.A., a Florida corporation, in a corporate capacity and as TRUSTEE under the terms of a Trust Agreement dated February S. 1985 By: , Vice President (Corporate Seal) CITY OF SEBASTIAN FLORIDA, a municipal corporation By: Authorized Officer (Corporate Seal) POO 'd OZOZ1ZZ19S1 Am 'A3SX000 'aif100 61:91 (NOW) 96 X-JflY e MI STATE OF FLORIDA COUNTY OF I HERESY CERTIFY that on this day, before me, an officer duly authorized in the State and County aforesaid to take acknowledgments, personally appeared , well known to me to be the Vice President of the corporation named in the foregoing instrument and that he severally acknowledged executing the same in the presence of two subscribing witnesses freely and voluntarily under authority duly vested in him by said corporation and that the seal affixed thereto is the true corporate seal of said corporation and who did take an oath. WITNESS my hand and official seal in the County and State last aforesaid this day of , A.D. 1996. Notary Public Printed Name: Commission No.: My Commission Expires: (Notary Seal) STATE OF FLORIDA COUNTY OF I HERBY CERTIFY that on this day, before me, an officer duly authorized in the State and County aforesaid to take acknowledgments, personally appeared well known to me to be the of the municipal corporation maned in the foregoing instrument and that he severally aclmowledged executing the same in the presence of two subscribing witnesses freely and voluntarily under authority duly vested in him by said municipal corporation and that the seal arced thereto is the true corporate seal of said municipal corporation and who did take an oath. V4T NESS my hand and official seal in the County and State last aforesaid this day of , A.D. 1996. Notary Public Printed Name: Commission No.: My Commission Expires: (Notary Seal) . . • • • • . do.+ . . . r . . .. • - . .t. 1.. . ... . • . ♦ . S00 'd OZOZ i £Z 19S i AV A3S}I000 'a1f100 61:91 (NOW) 96 .9Z-OflY LAW OFFICES OF GOULD, COOKSEY, FENNELL, OWEILL & MARINE, P. A. 979 BEACHLAND BOULEVARD VERO BEACH, FLORIDA 32963 Mr. Robert Massarelli City Planner City of Sebastian 1225 Main Street Sebastian, Florida 32958