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HomeMy WebLinkAbout1997 - Cornerstone EasementRESOLUTION NO. R-97-22 A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AUTHORIZING THE CITY MANAGER TO SIGN THE GRANTING OF AN EASEMENT AND TO ACCEPT VARIOUS EASEMENTS; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN xP*ir.:CTIVE DATE. WHEREAS, City of Sebastian and Cornerstone Select Homes, Inc. has entered into an agreement dated January 16, 1997 providing for the transfer of easements among other things in order to establish a private gated community in the Sebastian Highlands, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, that: Section 1. GRANTING OF EASEMENTS. The City Manger is hereby authorized to sign the granting of an easement over a portion of Tract "O", Block 593, Sebastian Highlands, Unit 17, as recorded in Plat Book 8, Page 46K in the land records of Indian River County for the purpose of installing entry walls, landscaping and decorative ornamentation as described in the agreement between the City of Sebastian and Cornerstone Select Homes, Inc. dated January 16, 1997. Section 2. ACCEPTANCE OF EASEMENTS. The City manager is hereby authorized to accept various easements for the right of ingress and egress, utility maintenance and drainage as described in the agreement between the City of Sebastian and Cornerstone Select Homes, Inc. dated January 16, 1997. Section 3. CONFLICT. All resolutions or parts of resolutions in conflict are hereby repealed. Section 4. 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 5. Ek r.LCTIVE 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: Mayor Walter W. Barnes Vice -Mayor Richard J. Taracka Councilmember Ruth Sullivan Councilmember Lary Paul ' Councilmember Louise R. Cartwright The Mayor thereupon declared this Resolution duly passed and adopted this A�6 day of199,97 CITY OF SEBASTIAN, FLORIDA ATTEST: , a �� 2Kathryn M. O'Halloran, CMC/AAE City C!erk (Seal; Approved as to Form and Content: Valerie Settles City Attorney By: 1��1��. 1 JA IA Walter W. Barnes, Mayor City of Sebastian 1225 MAIN STREET ❑ SEBASTIAN, FLORIDA 32958 TELEPHONE (407) 589-5330 ❑ FAX (407) 589-5570 SUBJECT: Approval of Resolution ) R-97-22, authorizing the City ) Manager to sign an easement and to) accept various easements from ) Cornerstone Select Homes, Inc. ) Approval for Submittal By: ) City Manager �J EXPENDITURE REQUIRED: Agenda Number: Dept. Origin : Date Submitted : For agenda Of: Exhibits: AMOUNT BUDEGETED: Community Dev. (RM) 03/19/97 03/26/97 1. Resolution R-97-22 SUMMARY STATEMENT APPROPRIATION REQUIRED: On January 16, 1997, the City of Sebastian and Cornerstone Select Homes, Inc. entered into an agreement to create a gated private community. This agreement provided for the transfer of various easements. Resolution R-97-22 authorizes the City Manager to sign and accept these easements. RECOMMENDED ACTION Approve resolution R-97-22 authorizing the City Manager to sign and accept various easements as described in the January 16, 1997, agreement between the City of Sebastian and Cornerstone Select Homes, Inc..