HomeMy WebLinkAbout2000 - Partial Release of Reserved Right to Utilize EasementsPrepared By:
DilDill, Esq. COPY
Dilll & & Evans,
us, LC
1515 US Hwy. 1, Suite 201
Sebastian, FL 32958
PARTIAL RELEASE OF RESERVED RIGHT TO UTILIZE EASEMENTS
This instrument is made this A02A' day of l-( , 2000, by the City of
Sebastian, Florida, a political subdivision of the State of Florida, hereinafter referred to as "City"
WHEREAS, Atlantic Gulf Communities Corporation, a Delaware Corporation and General
Development Utilities, Inc., a Florida corporation, hereinafter collectively referred to as
"Corporations", assigned to the City all of their right, title and interest in and to certain platted utility
easements located within Sebastian Highlands, a subdivision, as set forth in the document titled
Assignment ofPlat and Other Easements, dated December 14, 1993, and recorded in Official Records
Book 1000, Page 984 of the Public Records of Indian River County, Florida; and
WHEREAS, the City subsequently assigned all of its right, title and interest in and to said
certain platted utility easements that it received from the Corporations to Indian River County,
Florida, pursuant to an Assignment of Plat and Other Easements dated September 29, 1995 and
recorded in Official Records book 1074, Page 140, Public Records of Indian River County, Florida;
and
WHEREAS, when the City assigned its right, title and interest in those certain platted utility
easements to Indian River County on September 29, 1995, it also reserved the right and privilege for
itself and its successors and/or assigns, to utilize the platted utility easements in common with Indian
River County; and
WHEREAS, the City has not assigned its reserved right and privilege to utilize the platted
utility easements to anyone; and
WHEREAS, circumstances have now changed wherein it is no longer necessary for the City
to retain any ofits reserved rights and privileges to use those certain platted utility easements, because
portions of those plats where said utility easements are shown are being replatted into acreage and
sold to the St. John River Water Management District for water management purposes; and
WHEREAS, those portions of the Sebastian Highlands plats that are being replatted into
acreage are described in Exhibit "A" attached hereto and by this reference made a part hereof.
NOW, THEREFORE, by this instrument, the City of Sebastian releases all of its reserved
rights and privileges to utilize those certain platted utility easements located on those portions of the
plats for Sebastian Highlands as set forth on Exhibit "A". Leaving in place its reserved right and
privilege to utilize the remainder of the platted utility easements described in the Assignment of Plat
and Other Easements recorded in Official Records Book 1074, Page 140, Public Records of Indian
River County, Florida, in common with Indian River County, Florida.
IN WITNESS WHEREOF, the undersigned have executed this Partial Release of Reserved
Right to Utilize Easements as of the day and year first above written.
Signed, sealed and delivered
in the presence of
WITNESSES:
6"MALLOR-4AI
(print name)
1
(print name) Ate. NX4&e.
C 17Y AMIA.V'y
City of Sebastian, Florida, a political
subdivision of the State of Florida
By: wapri/N
Walter Barnes, its Mayor
STATE OF FLORIDA
COUNTY OF INDIAN RIVER
The foregoing instrument was acknowledged before me this �OZ-/0of ,
20002 by Walter Barnes, its Mayor on behalf of the City of Sebastian, Florida, a politicaf subdivision
of the State of Florida, who is personally known to me or has produced A�/A
as identification.
SEAL Notary Public' AP4 p
My Commission Expire-
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LEGAL DESCRIPTION 2yarm
A PORTION OF SECTION 19, TOWNSHIP 31 SOUTH, RANGE 39 EAST, INDIAN RIVER
COUNTY, FLORIDA (ALSO BEING PORTIONS OF SEBASTIAN HIGHLANDS UNIT 11, AS
RECORDED IN PLAT BOOK 7, PAGE 56-56L; SEBASTIAN HIGHLANDS UNIT 16, AS
RECORDED IN PLAT BOOK 8, PAGES 45-45J AND SEBASTIAN HIGHLANDS UNIT 17.
AS RECORDED IN PLAT BOOK 8, PAGES 46-46P, ALL IN INDIAN RIVER COUNTY,
FLORIDA) BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHEAST CORNER OF LOT 1, BLOCK 545. OF AFORESAID
SEBASTIAN HIGHLANDS UNIT 16 (ALSO BEING THE NORTHWEST CORNER OF LOT 1,
BLOCK 612 OF AFORESAID SEBASTIAN HIGHLANDS UNIT 17), RUN SOUTH 00`C6080
EAST, ALONG THE LINE BETWEEN SEBASTIAN HIGHLANDS UNITS 16 AND 17,A
DISTANCE OF 2714.02 FEET TO THE SOUTHWEST CORNER OF LOT 1, BLOCK 587, OF
SEBASTIAN HIGHLANDS UNIT 17; THENCE THROUGH SEBASTIAN HIGHLANDS UNIT
17, AS FOLLOWS; THENCE EAST 371.09 FEET TO THE SOUTHEAST CORNER OF LOT 1,
BLOCK 588: THENCE ALONG TRACT K. SOUTH 140.00 FEET; THENCE EAST ALONG
TRACT K, EAST 952.57 FEET TO THE WEST LINE OF SCHVMANN DRIVE; THENCE
SOUTH ALONG SAID WEST LINE, SOUTH 125.00 FEET; THENCE WEST, ALONG THE
NORTH LINE OF GIRARD STREET, .632.57 FEET; THENCE SOUTH 350.00 FEET TO THE
NORTH LINE OF CHERRY COURT; THENCE EAST, ALONG CHERRY COURT, 50.00 FEET.
THENCE SOUTH 135.00 FEET TO THE NORTH LINE OF TRACT J; THENCE WEST,
ALONG SAID LINE 195.00 FEET TO THE EAST LINE OF CHERRY COURT; THENCE
NORTH , ALONG SAID EAST LINE, 36.67 FEET; THENCE WEST, INTO SEBASTIAN
HIGHLANDS UNIT 11, 916.23 FEET TO THE EAST LINE OF COLLIER WATERWAY;
THENCE FOLLOWING THE EASTERLY BOUNDARY OF COLLIER WATERWAY AS
FOLLOWS:
THENCE NORTH, 385.00 FEET TO THE POINT OF CURVATURE OF A CURVE CONCAVE
TO THE SOUTHWEST HAVING A RADIUS OF 50.00 FEET AND A CENTRAL ANGLE OF
9000000'; THENCE AMONG SAID CURVE AN ARC DISTANCE OF 78.54 FEET TO A
POINT OF TANGENCY; THENCE RUN WEST A DISTANCE OF 89.40 FEET TO THE
POINT OF CURVATURE OF A CURVE CONCAVE TO THE NORTHEAST HAVING A
RADIUS OF 225.00 FEET AND A CENTRAL ANGLE OF 90°0000'; THENCE ALONG SAID
CURVE AN ARC DISTANCE OF 353.43 FEET TO A POINT OF TANGENCY; THENCE RUN
NORTH A DISTANCE OF 59.81 FEET TO THE POINT OF CURVATURE OF A CURVE
CONCAVE TO THE SOUTHEAST HAVING A RADIUS OF 350.00 FEET AND A CENTRAL
ANGLE OF 22027450; THENCE ALONG SAID CURVE AN ARC DISTANCE OF 137.22 FEET
TO THE POINT OF REVERSE CURVE OF A CURVE CONCAVE TO THE SOUTHWEST
HAVING A RADIUS OF 50.00 FEET AND A CENTRAL ANGLE OF 6204021% THENCE
ALONG THE ARC OF SAID CURVE, 54.69 FEET INTO SEBASTIAN HIGHLANDS UNIT
16; THENCE NORTH 45"00'00' WEST 214.96 FEET; THENCE SOUTH 45"00'00' WEST
82.41 FEET TO A POINT OF CURVATURE OF A CURVE CONCAVE NORTHWESTERLY,
HAVING A RADIUS OF 362.13 FEET; THENCE RUN 284.42 FEET ALONG THE ARC OF
SAID CURVE THROUGH A CENTRAL ANGLE OF 45u00 W THENCE WEST 1237.86 FEET
TO A POINT OF CURVATURE OF A CURVE CONCAVE NORTHEASTERLY, HAVING A
RADIUS OF 225.00 FEET; THENCE NORTHERLY 333.43 FEET ALONG THE ARC OF SAID
CURVE, THROUGH A CENTRAL ANGLE OF 9000'00`; THENCE NORTH 2240.00 FEET; TO
EXHIBIT "A"
TO
PARTIAL RELEASE OF EASEMENTS PAGE 1
THE SOUTHWEST CORNER OF LOT 1, BLOCK 535; THENCE THROUGH SEBASTIAN
HIGHLANDS UNIT 16, AS FOLLOWS: THENCE EAST 150.00 FEET TO THE
CENTERLINE OF KIRBY COURT; THENCE SOUTH ON SAID CENTERLINE, 20.00 FEET;
THENCE EAST, THROUGH THE CENTER OF BLOCK 534, 635.00 FEET TO THE
CENTERLINE OF SOUTH EASY STREET; THENCE NORTH 127.20 FEET TO THE SOUTH
LINE OF ENGLAR AVENUE; THENCE NORTH 8959'35' EAST ALONG SAID LINE 65.00
.FEET TO A POINT OF CURVATURE OF A CURVE CONCAVE SOUTHERLY, HAVING A
RADIUS OF 1255.64 FEET; THENCE EASTERLY 251.66 FEET ALONG THE ARC OF SAID
CURVE, THROUGH A CENTRAL ANGLE OF 11°29'00" TO THE CENTERLINE OF HICKORY
DRIVE; THENCE SOUTH ALONG SAID CENTERLINE, 143.03 FEET; THENCE NORTH
89^59'35' EAST, 204.89 FEET TO THE SOUTHEAST CORNER OF LOT 14, BLOCK 551;
THENCE NORTH 00wOa25" WEST, 125.07 FEET TO THE SOUTH LINE OF ENGLAR
AVENUE AND A POINT ON A NON•RAOTAL CURVE, CONCAVE NORTHERLY, HAVING A
RADIUS OF 1335.64 FEET AND THROUGH WHICH A RADIAL LINE SEARS NORTH
0015'02' EAST; THENCE RUN EA5TERLY ALONG SAID SOUTH LINE, AN ARC
DISTANCE OF 13.77 FEET, THROUGH A CENTRAL ANGLE OF 00''3517" ; THENCE
CONTINUE ALONG SAFD SOUTH LINE NORTH 891,5935" EAST, 66.22 FEET. TWENCE
SOUTH 00OW25' EAST, ALONG THE EAST LINES OF LOTS 13 AND 18, BLOCK 551,
250.00 FEET; THENCE NORTH 89059'35" EAST, 80.00 FEET; THENCE NORTH 00OW250
WEST, 125.00 FEET TO THE CENTER OF BLOCK 551; THENCE NORTH 89`59'35' EAST,
ALONG THE CENTER OF BLOCK 551, 929.72 FEET TO THE CENTERLINE OF MOHAWK
STREET. THENCE NORTH ON SAID CENTERLINE OP MOHAWK STREET, 125.00 FEET
TO THE SOUTH LINE OF ENGLAR AVENUE, THENCE NORTH 89059'35" EAST, ALONG
SAID SOUTH LINE, 249.21 FEET TO THE POINT OF BEGINNING.
ALL THE ABOVE SITUATE IN INDIAN RIVER COUNTY, FLORIDA. AND CONTAINING
ACRES.
EXHIBIT "A"
TO
PARTIAL RELEASE OF EASEMENTS PAGE 2
Regular City Council Meeting
April 12, 2000
Page Three
Partial Release of Reserved Riaht to Utilize Easement
The City Attorney explained the release and noted this is the St. Johns River Water Management
Property.
MOTION by BarnesBarczyk
"Authorize Mayor and Clerk to execute a utility release."
ROLL CALL: Mayor Barnes - aye
Mr. Bishop - aye
Mr. Barczyk - aye
Mr. Majcher - aye
Mr. Hill - aye
MOTION CARRIED 5-0
Claim on Estate of Ann Marie Fisher
The City Attorney stated the city had received a claim in the amount of $13,000 from the estate of
Ann Marie Fisher; that $10,000 of the funds are covered by the city's liability insurance; and that
restitution to the city could be a condition of probation.
MOTION by Barczyk/Bishop
"I move we accept the recommendation as recommended by the attorney, on the money
and sum of paying $3,000."
ROLL CALL: Mr. Bishop - aye
Mr. Barczyk - aye
Mr. Majcher - aye
Mr. Hill - aye
Mayor Barnes - aye
MOTION CARRIED 5-0
The City Attorney said he is reviewing proposed park policy and will bring forth a recommendation.
8. CITY MANAGER MATTERS
• Advised that he will not submit application for a CDBG Economic Development grant at this time as
previously reported
• Reported that permits for median welcome signs have been authorized by FDOT, a ribbon cutting
ceremony will be scheduled, the existing south sign will be removed by the property owner; and
received consensus of Council to offer the north limit sign to the Historical Society
• Said there will be a 4/26/00 presentation to respond to questions about Yacht Club restrooms/
showers
Mr. Barczyk asked if restrooms at the Chamber of Commerce will be opened to the public and the City
Manager said he will address this also.
City of Sebastian
1225 Main Street, Sebastian, Florida 32958
Telephone (561) 589-5330 ❑ Fax (561) 589-5570
E -Mail: city@cityofsebastian.org
MEMO
To: Mayor & City Council Members, City Manager, City Clerk
From: Ann Rousseau0t,%-
Subject: Agenda Item 00.062, March 22, 2000 Regular Meeting
Date: March 21, 2000
Eula Robinson called this date and advised she will have to be out of town and will not be
available to make the Census 2000 Presentation at this meeting.
She has requested a Proclamation be prepared for the April 12, 2000 Regular Meeting and she
will be accepting the Proclamation and also giving a short presentation at that time.
She apologized for the inconvenience.
ar
cc: ally Maio, Deputy City Clerk
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