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HomeMy WebLinkAbout1995-025RESOLUTION NO. 95-25 WHEREAS, the Indian River County Board of County Commissioners desires to provide a benefit plan for its employees that meet the requirements of Section 125 of the Internal Revenue Code and believes adoption of such plan to be in the best interest of the Indian River County Board of County Commissioners employees. NOW# THEREFORE, BE IT: RESOLVED, that the Indian River County Board of County Commissioners hereby approves and adopts the Indian River County Board of County Commissioners Premium Conversion Plan, also called the Health Care Cost Savings Plan, a copy of which has been reviewed by the Board of County Commissioners; and FURTHER RESOLVED, that the Chairman of the Indian River County Board of County Commissioners, be and hereby is, authorized and directed to do all acts and to execute all documents in writing, which are determined to be necessary or desirable in order to adopt the Premium Conversion Plan. The resolution was moved to adoption by Commissioner Eggert and the motion was seconded by Commissioner Adams, and, upon being put to a vote, the vote was as follows: Chairman Kenneth R. Macht Aye Vice Chairman Fran B. Adams Aye Commissioner Richard N.Bird Aye Commissioner Carolyn K. Eggert Aye Commissioner John W. Tippin Aye The Chairman thereupon declared the resolution duly passed and adopted this 14 day of February, 1995. ATTEST: Jeffr7. Barton+�T�rk,,, BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA By J ' Q-.1 �6 o-,,,� FRAN B. ADAMS VICE CHAIRMAN 0 S " r ORDINANCE NO. 95 - AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, CONSENTING TO THE IMPOSITION OF SPECIAL ASSESSMENTS AND OR THE INCLUSION OF ALL OF ITS INCORPORATED AREAS WITHIN ONE OR MORE MUNICIPAL SERVICE BENEFIT UNITS CREATED BY INDIAN RIVER COUNTY TO PROVIDE WATER OR WASTEWATER FACILITIES, SERVICES OR PROGRAMS; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, FLORIDA: SECTION 1.01. FINDINGS. It is hereby ascertained, determined, and declared that: (A) Section 125.01(1)(q), Florida Statutes, provides legislative authorization for the governing body of a county to establish a municipal service benefit unit for all or any part of the unincorporated area within its boundaries, or within the municipal boundaries of an incorporated area upon consent of the governing body of the affected municipality, within which may be provided water or wastewater facilities, services or programs, and other related essential facilities and municipal services. (B) The Board of County Commissioners of Indian River County, Florida (the "County") and the City Council of the City of Sebastian (the "City") have entered into an interlocal agreement providing for the transfer of the City°s water and wastewater utility system to the County which authorizes the County to provide CD such services within the incorporated areas of the City. This ordinance shall be construed as authorizing the County to establish c�i CD a municipal service benefit unit and or to impose and collect water -' C.I1 C-1 and wastewater assessments within the incorporated area of the City. (C) The City Council of the City of Sebastian has determined that the creation of a municipal service benefit unit and or the imposition of special assessments for the purpose of providing water and wastewater services, facilities and programs is in the best interests of the owners of property within the corporate limits of the City. SECTION 1.02. CONSENT OF THE CITY OF SEBASTIAN. The City Council of the City of Sebastian hereby consents to the inclusion of all of the incorporated area of the City within one or more municipal service benefit units created by the County to provide water and wastewater services, facilities, and programs and or to the imposition of a special assessment for such purposes. Such consent shall become effective upon adoption of this Ordinance and transfer of the City's water and wastewater utility system to the County pursuant to interlocal agreement. The City Council finds that such provision of water and wastewater services, facilities and programs is an essential municipal purpose. SECTION 1.03. SEVERABILITY. The provisions of this Ordinance p =0I are severable; and if any section, subsection, sentence, clause or M— provision is held invalid by any court of competent jurisdiction, the remaining provisions of this Ordinance shall not be affected CD thereby. SECTION 1.04. EFFECTIVE DATE. This Ordinance shall take a% effect as provided by law. C- 2 DULY ENACTED this 1,1Z day of (SEAT,) CITY COUNCIL OF THE CITY OF SEB T AN, FLORIDA By Mayor ATTEST: m Clerk CD r•J 0 in C- CERTIFICATE REAFFIRMING REPRESENTATIONS WHEREAS, Indian River County, Florida, a political subdivision of the State of Florida (the "County/°), and the City of Sebastian, a municipal corporation and body politic existing under the laws of the State of Florida, (the "City"), entered into that certain Interlocal Agreement Providing for the Transfer and Assumption of the Ci of Sebastian Water and Wastewater System on the kQ-",�'-,�& day ofa�� 1995 (the "Interlocal Agreement"); and �/REREAS, Section 5.02 of the Interlocal Agreement provides that each party deliver a certificate to the other reaffirming the representations and warranties therein. NOW, THEREFORE, to comply with Section 5.02 of the Interlocal Agreement, the City does hereby certify to the County the following: 1. That the representations and warranties of the City in the Interlocal Agreement are true and correct in all material respects as of the date hereof with the same effect as if such representations and warranties were made or given on the date hereof; and 2. That the City has performed in all material respects all of its obligations and has complied with all of the covenants and agreements required by the Interlocal Agreement to be performed or complied with by the City prior to or on the date hereof, unless waived in writing by the County. IN WITS WHEREOF, th City his executed this certificate as of this day of 1995. iSEAL) ATTEST: KATHRYN M. City Clerk O' �HALLORAN, 7 y Ia- BWFU� e r k THE CITY OF SEBASTIAN, FLORIDA By: 6 Mayor APPENDIX "D" D- 1 CERTIFICATE REAFFIRMING REPRESENTATIONS WHEREAS, Indian River County, Florida, a political subdivision of the State of Florida (the "County"), and the City of Sebastian, it municipal corporation and body politic existing under the laws of the State of Florida, (the "City"), entered into that certain Interlocal Agreement Providing for the Transfer and Assumption of the City of Sebastian Water and Wastewater System on the day caf,y�-.��z/ , 1995 (the "Interlocal Agreement") ; and WHEREAS, Section 5.02 of the Interlocal Agreement provides that each party deliver a certificate to the other reaffirming the :representations and warranties therein. NOW, THEREFORE, to comply with Section 5.02 of the Interlocal Agreement, the County does hereby certify to the City the following: 1. That the representations and warranties of the County in the Interlocal Agreement are true and correct in all material respects as of the date hereof with the same effect as if such representations and warranties were made or given on the date hereof; and 2. That the County has performed in all material respects all of its obligations and has complied with all of the covenants and agreements required by the Interlocal Agreement to be performed or complied with by the County prior to or on the date hereof, unless waived in writing by the City. IN WITNESS WHEREOF, the Coun has executed this certificate as of this "2 �7 day of .c fiz = �� �� , 1995. BOARD OF COUNTY COMMISSIONERS OF INDIAN] IVER COUNTY, FLORIDA (SEAL) � By; ,I �-- a i rman K E E T H R. MACIff ATTEST JEFFREY K. BARTON-,'Clerk of the Circuit Court and x --officio Clerk of the Board''of County Commissioners of Indian River County, Florida Deputy Clerk D -Z This instrunent prepared by or under the supervision of. Name. Clifton A. McClelland, Jr., Esq. Potter, McClelland, Marks & Nealy, P.A. Address: 700 S. Babcock Street, Suite 400 Melbourne, Fl 32901 DEED THIS DEED, made this _t- -- day of September, 1995, by the CITY OF SEBASTIAN, FLORIDA, party of the first part, and INDIAN RIVER COUNTY, FLORIDA, party of the second part, WITNESSETH that the said party of the first part, for and in consideration of the sum of Ten Dollars ($10.00) to it in hand paid by the party of the second part, receipt whereof is hereby acknowledged, has granted, bargained and sold to the party of the second part, the following described land lying and being in Indian River County, Florida: See Exhibit IIA" attached hereto and by this reference made a part hereof. SUBJECT TO: 1. Taxes and assessments for the year 1995 and subsequent years. 2. All laws, ordinances and governmental regulations, including, but not limited to, all applicable building, zoning, land use and environmental ordinances, regulations, restrictions, prohibitions and other requirements, none of which will prevent or hinder the present use of the Property. 3. Restrictions and easements for utilities and drainage set out in recorded plats of subdivisions. 4. Restrictions of record. 5. All matters which would be disclosed by an accurate survey of the Property. 59 J D-3 C:) -- CIC-UMy !,IT11PH II's OFFIQk � 1.4;:,: i:C UNIlt O IN WITNESS WHEREOF the said part of the first art has caused these presents to be executed in its name by its City Council acting by the Mayor of said Council, the day and year aforesaid. ztness Printed Name of Witness Witness Printed Name of Witness W' ness Printed Name of Witness vk� Witness Printed Name of Witness STATE OF FLORIDA § COUNTY OF INDIAN RIVER § CITY OF SEBASTIAN, FLORIDA, a Municipal corporation, by its City Council By: By Arthur L. Firtion, Mayor (OFFICIAL SEAL) ATTEST: Kathry M. O'Halloran, CMC/AAE APPROVED AS TO F0l*A AND EGAL SUFFI IENCY; (. k-. Charles P. Vilunac County Allorncy The foregoing Deed was sworn to and subscribed before me this Vic/ day of September, 1995 by Arthur L. Firtion, Mayor of the City of Sebastian and Kathryn M. O'Halloran, CMC/AAE, on behalf of the City. Arthur L. Firtion and Kathryn M. O'Halloran are personally known to me errhave--pFeduced-- _as__-identioication----and -did take an oath. Printed Name:_C��}�1�. [ �/Fr Notary Public, State of Florida At Large My Commission Expires: Commissiodl No.: UL. /17/1-/ U -Q �+�""0' QFFICIAL SEAL LEA H. KEIICR IEy C0M#n6** ►a C.111146 Cn Wd PARCEL I: All of Tract "D" as sh=wn on the plat of SEBASTIAN HIGHLANDS UNIT -17, as recorded in Plat Bock 8, Page 46, public Records of Indian River county, Florida. PARCEL II: A parcel of land located in the Northeast 1/4 of the Northeast 1/4; LESS the East 20 acres thereof and a portion of the Southeast .1/4 of the Northeast -1/4 of section 18, Township 31 south, Range `-39 East, Indian River County, Florida, and being more particularly described as follows: Begin at the Northeast corner of said section 18, Township 31 South, Range 39 East; thence south 89022136" West, along the North line of the said Northeast 1/4 of Section 18, a distance of 657.45 feet to the Northwest corner of the said East 20 acres of the Northeast 1/4 of the Northeast 1/4; thence South 00001/2411 West, along the West line of the said East 20 acres, a distance of 1325.55 feet, to a point in the South line of the said Northeast 1/4 of the Northeast 1/4; said point also being the Northwest corner of Sebastian Highlands Unit 9, as recorded in Plat Book 61 Page 36A, Public Records of Indian River county, Florida; thence continue along the boundary of said plat of Sebastian Highlands Unit 9, the following courses and distances: thence continue south 00001/2411 West, a distance of 130.66 feet to a point in a curve concave to the southwest having a radius of 435.64 feet, the chord of which bears North 85920121" west; thence westerly along the arc of said curve, a distance of 70.30 feet, through a central angle of 0961414811, departing said platted boundary; thence North 00001124" East, a distance of 54.11 feet; thence South 890191o2" West, a distance of 71.5 feet more or Less, to the Easterly waters edge of Schumann Lake; thence Northwesterly, Westerly, Southerly, southeasterly, Southwesterly, westerly and Southerly meander the waters edge. of Schumann Lake, a distance of 1847 feet, more or less, to the » South line of the said southeast 1/4 of the Northeast 1/4; thence South 69015127" West, along the south line of the said Southeast 1/4 of the Northeast 1/4, a distance of 97.4 feet, more or less, to the southwest corner of the said southeast 1/4 of the Northeast 1/4; thence North 000.01'2511 West, along the West line of the said East 1/2 of the Northeast 1/4, a distance of 2652.47 feet to the aforesaid North line of the Northeast 1/4; thence North 89.22136" East along the said Nor:.: line, a distance of 673.15 feet to the point of Beginning. PARCEL III: The East 2Co feat of Tract "A", SEVA5TIAN 41(1H1 -ANDS, CRIT 9, according to the- plat thereof, recorded in Plat fuck 6, rage 36 and 3GA, public Reco.ds of Indiln P-vr-r t'ounly, Florils. C) C=:) Ibis instrument prepared by or under the supervision of: Name: Clifton A. McClelland, Jr., Esq. Potter, McClettand, Marks & Heaty, P.A. Address: 700 S. Babcock Street, Suite 400 Melbourne, Fl 32901 BILL OF SALE THIS BILL OF SALE evidencing the sale and conveyance of the Sebastian Utility System, as described in that certain Interlocal Agreement dated September 20, 1995, is made and executed this 2t day of1995 by City of Sebastian, a municipal corporation and body politic existing under the laws of the State of Florida, (the "City"), whose address is 1225 Main Street, Sebastian, Florida 32958, hereinafter called the seller, to Indian River County, Florida, a political subdivision of the State of Florida, whose address is 1840 25th Street, Vero Beach, Florida 32960, hereinafter called the buyer; WITNESSETH: That the seller, for and in consideration of the sum of $10.00 and other valuable considerations, receipt whereof is hereby acknowledged, by these presents does grant, bargain, sell, alien, remise, release, convey and confirm unto the buyer, all that certain personal property which is a part of the Sebastian Utility System situate in Indian River County, Florida, as more particularly described on Exhibit A attached hereto and incorporated herein. SAID Sebastian Utility System also includes all the tenements, hereditaments and appurtenances thereto belonging or in anywise appertaining, including but not limited to, all water and wastewater facilities of every kind and nature lying within public rights-of-way and all appurtenant easement rights for the operation, installation and maintenance of said facilities. SUBJECT TO the Interlocal Agreement Providing for the Transfer and Assumption of the City of Sebastian Water and Wastewater System dated September 20, 1995 between the buyer and seller and the -- obligations, duties and liabilities assumed by the buyer t) thereunder. --j .r' TO HAVE AND TO HOLD, the same in fee simple forever. A CD C'u Gi ) it's, " 'f o ,iw40Ut;TY /3Y)Rtl Y'S OFIIC'f iti.Ut ccvrm Vsto "OZ14, F4.4114 iViw D-6 IN WITNESS WHEREOF executed in its na affixed, by its prop and year first above rr W' Hess o.jti�llt=`i Printed Name of Witness the seller has caused tt me, and its corporates er officers thereunto duly written. Witness Printed Name of Witness W'tness Printed Name of Witness I � � Witness i Printed Name of Witness STATE OF FLORIDA COUNTY OF INDIAN RIVER nese presents to be eal to be hereunto authorized, the day CITY OF SEBASTIAN, FLORIDA, a Municipal corporation, by its City Council By: A thur L. Firtion, Mayor (OFFICIAL SEAL) ATTEST: Kathryn_7M. —O'Halloran, CMC/AAE 'rO F0l144 Atio i (_(;;' l_ 8kji r'lpl, NCY: P. vw;oilc county ntlufnoy The foregoing Bill of Sale was sworn to and subscribed before me this 117 day of September, 1995 by Arthur L. Firtion, Mayor of the City of Sebastian and Kathryn M. O'Halloran, CMC/AAE, on behalf of the City. Arthur L. Firtion and Kathryn M. O'Halloran are personally known to me ar---have--predueed---,_ __ _ . ars_4deFat-j-f a ie - alad .-did- take- ._an -oath. - Printed Name: Notary Public, State of Florida At Large My commission Expires: Commission No.:_('� �`%�.� OFFICIAL SEAL_ LEA R. KELPER 1! My Cunwo 'sion Explies ' flay 15. 1996 � o, Comm Comm d1u. CC 194154 1)-7 EXHIBIT A TO BILL OF SALE FROM CITY OF SEBASTIAN, FLORIDA TO INDIAN RIVER COUNTY, FLORIDA All of the City of Sebastian's water production, treatment plants, storage treatment, transmission, distribution, pumping and other water facilities, including without limitation, water wells and fire hydrants, and all wastewater treatment plant, wastewater collection, transmission, pumping and disposal facilities of every kind and description whatsoever, including, without limitation, all trade fixtures, leasehold improvements, lift stations, pumps, generators, controls, collection and transmission pipes or facilities, valves, meters, service connections, and all other water and wastewater service connections, and all other water and wastewater physical facilities, together with all machinery, and equipment used in the course of the day-to-day operations of the City of Sebastian Water and Sewer System. D-8 d C, - r, Jai � ; f. 4 �m ✓i i v\ ow �kY r•�'n � t l .E� '•.i CNr.J. �" �".!r".'7� � � i'� P"6,-7k'SOG"�.ra �. ..., 7'�i: � lied ? � u <'i '05. --.`�^-' t e>-. e`v".r.••: %%»'''r� .!�?'��w��9�.�' r'ir 5; .w.w _•�•�"-r o ..rl' e P �;4 �Rw � f ,r ��,v r �y.o. � [ r. � "".._.i ;.. A.xj ..si�3C,•. .l ��L .....' 4p �°' �ro r � ,,.",,,. y'y1J� � 4`�: rn 4+�; ^'�a..:..'}?'r"�ee'�F.��3 �5��•, s.,,f?' .c°'°a` � v�r:�ti3.wS � vr�. y.j ,:�.� 4r��-t"""'i`"Sr�/'ir.f„" .Q `�• .,�,`°�yV ��/ a a: moo. rl ,' gA"`�V' 9L' Q' h .�moww ^ti L. �• y fr• n ,,pp�� I Ids` � ( .. !`' o O ... ' .». r7-7�G4 0� t e ' F T N K ►a .� 14. 10 �.Yrt if O• 1 I ( ?_. i ,. .! w �� ♦ "r �± .... � ter. ;' �•.� S' -� ; i R=te 'rt '.P S T o > ZiD "'" m cn 1 1 { •� .. q. .,;.r;.' �Y�.' 10 . � - � 'Y� �i:`L' " i`iG :Fli�3T,G( 4��II O-.."`/ .. S,xl / n• it).lk..s .: i. n /. 'rt"" t .p...., ?:Ttii� �,, y �`t 1./ .W m cn J Ire Z, 2 / q.w. shy:+ .("�.•.'�.:ia'1. %sl.tC >'�' '� �b , M cn Re ui l} f�'g K ' �,u _ afriYln.3 S If'`,'S. b x'ti y., Ar o h ! - �^�•/•�"M jam•,.#`� � � ` t Qac K70•"i;^`!Y.+ !` v ; '•i. - .''� a S' N cn -30 m cm it a c W � i� APPENDIX F Service Agreements SERVICE AGREEMENTS The County specifically agrees to be bound by and substitute for the City for any obligation which the City has arising from the following: (1) Agreement between Indian River County and Nelson Hyatt dated July 11, 1989, as amended. (2) Interlocal Agreement between Indian River County and the City of Sebastian Re: Sebastian Lakes Service Area Agreement dated December 29, 1994, and the Water and Wastewater Service and Contribution Agreement dated February 9, 1994; provided the City shall have the responsibility for paying the $80,327.36 credit to the County set out in Section 4 of said Agreement toward future water connections to the County System if such connections are in fact made, provided the February 9, 1994 Agreement constitutes a valid, existing agreement which imposes liability on the City for such credit on the date of the closing of the sale of the City of Sebastian Water and Wastewater System to the County. (3) Any obligations for impact fees which have been paid and the service agreements listed on H-2. (4) Utility Agreement dated March 4, 1993 between Citrus Utilities, Inc. and General Development Utilities, Inc. The County will not indemnify and the City will hold the County harmless from any and all liability arising out of the case styled Citrus Utilities Inc. v. General Development Utilities, Inc. and City of Sebastian; Case Number 94 -0202 -CA -03 filed in the Circuit Court of Indian River County, Florida. F-1 Raw AGREEMENT WITH Andell, Inc. B.W. Simpkins Trust & F.A. Sheriff Trust Church of God, Inc. Donald E. y yPinder March 28, Scotad, Inc. Scotad, Inc. Trinity Lutheran Church Roy Wissel d/b/a Wissel Construction School District of Indian River County Reflections on the River, Inc. Calvary Baptist Church Muller Enterprises, Inc. Sebastian Lakes Association Clare Sommers & Roberta Jones Jean M. Burdsall Indian River School Board Edward V. Hulse First Baptist Church Mission James M. McClain Sebastian Plumbing General Development Corp. City of Sebastian Arnold's Air Conditioning, Inc. M.G.B. Homes, Inc. Fellsmere Properties, Inc. Sebastian Vol. Fire Dept. & Rescue, James R. Havens Lonnie R. & Mary B. Powell Cumberland Farms, Inc. Drs. Peter & Katherine Gutierrez Sebastian General Partneship B.F.T, Barnett Bank of Treasure Coast F-2 Inc. AGREEMENT DATE September 9, 1992 June 26, 1989 September 2, 1988 1990 August 24, 1989 June 28, 1989 April 25, 1993 February 14, 1989 November 24, 1980 December 10, 1982 June 16, 1983 December 5, 1983 November 14, 1984 September 14, 1984 August 27, 1984 November 13, 1984 October 15, 1984 June 27, 1985 July 12, 1985 December 9, 1985 December 26, 1985 December 18, 1985 January 10, 1986 February 6, 1986 February 12, 1985 August 10, 1986 January 22, 1987 April 14, 1987 May 1, 1987 April 5, 1988 December 17, 1991 November 16, 1992 APPENDIX G Form of Assignment of Easements 7 This instrument prepared by or under the supervision of: Name: Clifton A. McClelland, Jr., Esq. Potter, McClelland, Marks & Nealy, P.A. Address: 700 S. Babcock Street, Suite 400 Melbourne, FL 32401 PARCEL I.D. NO. _ TAXPAYER I.D. NO. GRANT OF EASEMENT KNOW ALL MEN BY THESE PRESENTS that THE CITY OF SEBASTIAN, FLORIDA, having its principal place of business at 1225 Main Street, Sebastian, Florida 32958 (the "Grantor"), in consideration of the sum of TEN DOLLARS ($10.00) and other valuable considerations, receipt of which are hereby acknowledged, does hereby grant to INDIAN RIVER COUNTY, FLORIDA, having its principal place of business at 1840 25th Street, Vero Beach, Florida 32960 (the "Grantee"), and to its successors and assigns, a non-exclusive perpetual easement ("Easement") for the construction, maintenance and repair of utility facilities over, upon, under, across and through the described lands of the Grantor, situated in the County of Indian River and State of Florida, as more particularly described in Exhibit "A" attached hereto and by this reference made a part hereof (the "Easement Parcel"). The Grantor, however, reserves the right and privilege to use the Easement in common with Grantee for all purposes except as herein granted or as might interfere with Grantee's use, occupation or enjoyment thereof, or as might cause a hazardous condition. In the event that Grantee, its employees, agents or contractors cause damage to the Easement Parcel in the exercise of the privilege granted in this Easement, Grantee agrees to restore the Easement Parcel so damages to its original condition and grade. IN WITNESS WHEREOF, the Grantor has executed this Grant of Easement this day of , 1995. GRANTOR: CITY OF SEBASTIAN, FLORIDA G-1 By: Witness Name: Printed Name: Title: �! Witness+ Printed Name: a G-1 (OFFICIAL SEAL) ATTEST: Kathryn M. O'Halloran, CMC/AAE STATE OF FLORIDA § COUNTY OF INDIAN RIVER § The foregoing Grant of Easement was sworn to and subscribed before me this day of , 1995 by , Mayor of the City of Sebastian, on behalf of the City. He is personally known to me or has produced as identification and did take an oath. Printed Name• Notary Public, State of Florida At Large My Commission Expires: Commission No.• G-2 IN THE RECORDS or C, d " K. BARTON This instrument prepared by or under the supervision of: �' � RC COURT Name: Clifton A. McClelland, Jr., Esq. tNti� 1VE CO" FLA. Potter, McClelland, Marks & Healy, P.A. Address: 700 S. Babcock Street, Suite 400 Melbourne, FL 32901 WIN IPM KfD. 7 a "o -It DEED AFFM K, MM INDIAN RIVER THIS DEED, made this c7/ day of September, 1995, by the CITY OF SEBASTIAN, FLORIDA, party of the first part, and INDIAN RIVER COUNTY, FLORIDA, party of the second part, WITNESSETH that the said party of the first part, for and in consideration of the sum of Ten Dollars ($10.00) to it in hand paid by the party of the second part, receipt whereof is hereby acknowledged, has granted, bargained and sold to the party of the second part, the following described land lying and being in Indian River County, Florida: See Exhibit "All attached hereto and by this reference made a part hereof. SUBJECT TO: 1. Taxes and assessments for the year 1995 and subsequent years. 2. All laws, ordinances and governmental regulations, including, but not limited to, all applicable building, zoning, land use and environmental ordinances, regulations, restrictions, prohibitions and other requirements, none of which will prevent or hinder the present use of the Property. 3. Restrictions and easements for utilities and drainage set out in recorded plats of subdivisions. 4. Restrictions of record. 5. All matters which would be disclosed by an accurate survey of the Property. D-3 CCUNTY Vem b"* fiwi4e 32940 Lo a) M C GAJ t.J IN WITNESS WHEREOF the said party of the first part has caused these presents to be executed in its name by its City Council acting by the Mayor of said Council, the day and year aforesaid. /itess 0T 4/i755 Printed Name of Witness Witness I -E /4 w) . 1�fl-l. 02 Printed Name of Witness W' ness Printed Name of )Witness Witness Printed Name of Witness STATE OF FLORIDA COUNTY OF INDIAN RIVER CITY OF SEBASTIAN, FLORIDA, a Municipal corporation, by its City Council By: 1 Arthur L. Filrt�-dn 3 ° Mayor ' ,t (OFFICIAL SEAL .< + e'. .e ATTEST: Kathry M. O'Halloran, CMC/AAE APPROVED AS TO FORM AN LEGAL SUFFICIENCY; Charles P. Vitunac County Attorney The foregoing Deed was sworn to and subscribed before me this day of September, 1995 by Arthur L. Firtion, Mayor of the City of Sebastian and Kathryn. M. O'Halloran, CMC/AAE, on behalf of the City. Arthur L. Firtion and Kathryn M. O'Halloran are personally known to me er--haste-pr°eduze& --as-i-de7°rb. - an --oath. Printed Name: Notary Public, State of Florida At Large My Commission Expires: Commission No.: �'%. D-4 i, •�,yur b i } OFFICIAL SEAL LEA R. KELLER My cummilsi" Expirss usy 15, 191#6 Comm. %*. CC 1"I54 EXTi Brr "A" PARCEL IO All of Tract "D" as shown on the plat of SEBASTIAN HIGHLANDS UNIT -17, as recorded in Plat Book 8, Page 46, Public Records of Indian River County, Florida. PARCEL IIS A parcel of land located in the Northeast 1/4 of the Northeast 1/4; LESS the East 20 acres thereof and a portion of the Southeast 1/4 of the Northeast 1/4 of Section 16, Township 31 South, Range 39 East, Indian River County, Florida, and being more particularly described as follows: Begin at the Northeast corner of said Section 18, Township 31 South, Range 39 East; thence South 09°2236" West, along the North line of the said Northeast 1/4 of Section 18, a distance of 657.45 feet to the Northwest corner of the said East 20 acres of the Northeast 1/4 of the Northeast 1/4; thence South 00001124" West, along the West line of the said East 20 acres, a distance of 1325.55 feet, to a point in the South line of the said Northeast 1/4 of the Northeast 1/4; said point also being the Northwest corner of Sebastian Highlands Unit 9, as recorded in Plat Book 6, Page 36A, Public Records of Indian River County, Florida; thence continue along the boundary of said plat of Sebastian Highlands Unit 9, the following courses and distances: thence continue South 00001124" West, a distance of 130.66 feet to a point in a curve concave to the Southwest having a radius of 435.64 feet, the chord of which bears North 85020121" West; thence Westerly along the arc of said curve, a distance of 70.30 feet, through a central angle of 0901414811, departing said platted boundary; thence North 00001124" East, a distance of 54.11 feet; thence South 89019102" West, a distance of 71.5 feet more or less, to the Easterly waters edge of Schumann Lake; thence Northwesterly, Westerly, Southerly, Southeasterly, Southwesterly, Westerly and Southerly meander the waters edge of Schumann Lake, a distance of 1847 feet, more or less, to the South line of the said Southeast 1/4 of the Northeast 1/4; thence South 89015127" West, along the South line of the said Southeast 1/4 of the Northeast 1/4, a distance of 97.9 feet, more or less, to the Southwest corner of the said Southeast 1/4 of the Northeast 1/4; thence North 000.01125" West, along the West line of the said East 1/2 of the Northeast 1/4, a distance of 2652.47 feet to the aforesaid North line of the Northeast 1/4; thence North 89°22136" East along the said North line, a distance of 673.15 feet to the Point of Beginning. PARCEL III: The East 200 feet of Tract "A", SEBASTIAN HIGHLANDS, UNIT 9, according to the plat thereof, recorded in Plat Book 6, Page 36 and 36A, Public Records of Indian River County, Florida. This instrument prepared by or under the supervision of: Name: Clifton A. McClelland, Jr., Esq. Potter, McClelland, Marks & Healy, P.A. Address! 700 S. Babcock Street, Suite 400 Melbourne, FL 32901 BILL OF SALE IN THE RECORC)� OF JEFFREY K. BARTON CLERK CIRCUIT COURT INDIAN RIVER CO., FLA. THIS BILL OF SALE evidencing the sale and conveyance of the Sebastian Utility System, as described in that certain Interlocal Agreement dated September 20, 1995, is made and executed this .21 da 1 day of , 1995 by City of Sebastian, a municipal corporation and body politic existing under the laws of the State of Florida, (the "City"), whose address is 1225 Main Street, Sebastian, Florida 32958, hereinafter called the seller, to Indian River County, Florida, a political subdivision of the State of Florida, whose address is 1840 25th Street, Vero Beach, Florida 32960, hereinafter called the buyer; WITNESSETH: That the seller, for and in consideration of the sum of $10.00 and other valuable considerations, receipt whereof is hereby acknowledged, by these presents does grant, bargain, sell, alien, remise, release, convey and confirm unto the buyer, all that certain personal property which is a part of the Sebastian Utility System situate in Indian River County, Florida, as more particularly described on Exhibit A attached hereto and incorporated herein. SAID Sebastian Utility System also includes all the tenements, hereditaments and appurtenances thereto belonging or in anywise appertaining, including but not limited to, all water and wastewater facilities of every kind and nature lying within public rights-of-way and all appurtenant easement rights for the operation, installation and maintenance of said facilities. SUBJECT TO the Interlocal Agreement Providing for the Transfer and Assumption of the City of Sebastian Water and Wastewater System dated September 20, 1995 between the buyer and seller and the obligations, duties and liabilities assumed by the buyer thereunder. TO HAVE AND TO HOLD, the same in fee simple forever. 1UNTY /.TT7rt,`: Y.S CC 1�f*re TfJ 'IN WITNESS WHEREOF executed in its nam affixed, by its prope and year first above W' ness Printed Name of Witness Witness the seller has caused th e, and its corporate s r officers thereunto duly written. NF1.} A-9. /-�EALEk Printed Name of Witness 7W'tness Printed Name of Witness Witness 1,C,4 A)- WF/, L�Jc� Printed Name of Witness STATE OF FLORIDA COUNTY OF INDIAN RIVER ese presents to be eal to be hereunto authorized, the day CITY OF SEBASTIAN, FLORIDA, a Municipal corporation, by its City Council BY: GY A thur L. Firti61i,° Ni�iyor (OFFICIAL SEAL)(!)', ATTEST: Kathryn/M. O'Halloran, CMC/AAE APPI�_�0\'D AS F OXZM Ch,'110S P. Viti:nae Courtly Attorney The foregoing Bill of Sale was sworn to and subscribed before me this c q% day of September, 1995 by Arthur L. Firtion, Mayor of the City of Sebastian and Kathryn M. O'Halloran, CMC/AAE, on behalf of the City. Arthur L. Firtion and Kathryn M. O'Halloran are personally known to me or h Printed' Name : LE P4 P f i,e l -Le h'- Notary Public, State of Florida At Large My Commission Expires: Commission No.: CC, 194- .•,, "w14�-*••• OFFICIAL SEAL LFA R. KELLER My Commission Expires •. +y MAY 15. 1996 •••:'`w �i�;�••• Comm. No. CC 194154 0-7 Cn EXHIBIT A TO BILL OF BALE FROM CITY OF SEBASTIAN, FLORIDA TO INDIAN RIVER COUNTY, FLORIDA All of the City of Sebastian's water production, treatment plants, storage treatment, transmission, distribution, pumping and other water facilities, including without limitation, water wells and fire hydrants, and all wastewater treatment plant, wastewater collection, transmission, pumping and disposal facilities of every kind and description whatsoever, including, without limitation, all trade fixtures, leasehold improvements, lift stations, pumps, generators, controls, collection and transmission pipes or facilities, valves, meters, service connections, and all other water and wastewater service connections, and all other water and wastewater physical facilities, together with all machinery, and equipment used in the course of eche day-to-day operations of the City of Sebastian Water and sewer System. D-8 X sonU* This instruatnt prepared by or under the supervision of: Name: Clifton A. McClelland, Jr., Esq. Potter, McClelland, Marks t Hasly, P.A. Address: 700 S. Babcock Street, Suite 400 Melbourne, FL 32401 PARCEL I.D. NO. Assignee's Taxpayer I.D. SND �T N ASSIGNMENT OF EASEMENTS E^GO•. FLA. At THIS ASSI tME OF EASEMENTS ("Assignment") is made as of the c�fq day of , ,- ZF , 1995, between THE CITY OF SEBASTIAN, FLORIDA ("Assignor's), having its principal place of business at 1225 Main Street, Sebastian, Florida 32958 and INDIAN RIVER COUNTY, FLORIDA ("Assignee"), having its principal place of business at 1840 25th Street, Vero Beach, Florida 32960. W I T N E S S E T H: ASSIGNOR, in consideration of Ten and N0/100 Dollars ($10.00) and other good and valuable consideration paid by Assignee to Assignor simultaneously herewith, the receipt and sufficiency of which are hereby acknowledged, has sold, assigned, transferred, set over and delivered, and by these presents does sell, assign, transfer, set over and deliver to Assignee, and Assignee's successors and assigns forever, Assignor's right, title and interest, if any, in and to the easements which were obtained from Atlantic Gulf Communities Corporation and General Development Utilities, Inc. by Assignment of Easement dated December 14, 1993, and recorded in O.R. Book 1000, Pages 0989 through 0991, Public Records of Indian River County, Florida, located in Indian River County, Florida (collectively, the "Easements"), to wit: See Exhibit "A" attached hereto, and by this reference made a part hereof. SUBJECT TO: 1. Ad valorem real estate taxes and assessments for the year 1995 and subsequent years. 2. Restrictions set out in the recorded plats of subdivisions covered by the Easements. 3. Restrictions, covenants, reservations and other matters of record (except liens, encumbrances or mortgages) without the intention of reimposing the same. 4. All laws, ordinances, governmental regulations, (including, but not limited to, all applicable building, zoning, land use and environmental ordinances and regulations), restrictions, prohibitions and other requirements imposed by governmental authority. 5. All matters which would be disclosed by an accurate survey of the Easements. 6. The terms, covenants and provisions contained in the Easements. TO HAVE AND TO i and assigns forever, v provisions contained forth below. HOLD unto Assignee and Assignee's successors subject, however, to the terms, covenants and in the Easements, and the reservations set ASSIGNEE hereby accepts the foregoing Assignment subject to: (i) the obligations of Assignor under the Easements; (ii) all of the terms, covenants and provisions contained in the Easements; and (iii) the reservation set forth below. C� aJd1 C] O r,) co ASSIGNOR hereby reserves the right and privilege for itself and its successors and/or assigns, to utilize the Easements in common with Assignee; provided Assignor's use of the Easements does not unreasonably interfere with Assignee's use, occupation or enjoyment thereof. IN WITNESS WHEREOF, the undersigned have executed and delivered this Assignment as of the day and year first above written. Witness Printed Name of Witness itness , AJI)e ft -j - td e ,(, (-r Printed Name of Witness Witness Printed Name of Witness w&r-ness i11 r] 2.f{ it . Q c 12 S l( I Printed Name of Witness ASSIGNOR: CITY OF SEBASTIAN, FLORIDA, a Municipal corporation, by its City Council By: Arthur L. Firtion,*;M yor 4s (OFFICIAL SFiAI7r� , ATTEST: —44, W00`1 A%; Rathryh M. O'Hallorah; aiCMC%AAE ASSIGNEE: INDIAN RIVER COUNTY, FLORIDA, a political subdivision of the State of Florida Ck 0 ATTEST':-— If" 01611)0-61L,Name � c% � - • ���--- Title: CDS%k fitness ' Printed Name of Witness Q Q., dQ Witness Witness 46` 4 0. �LLE�C Printed Name of Witness Witness Printed Name of Witness itness , AJI)e ft -j - td e ,(, (-r Printed Name of Witness Witness Printed Name of Witness w&r-ness i11 r] 2.f{ it . Q c 12 S l( I Printed Name of Witness ASSIGNOR: CITY OF SEBASTIAN, FLORIDA, a Municipal corporation, by its City Council By: Arthur L. Firtion,*;M yor 4s (OFFICIAL SFiAI7r� , ATTEST: —44, W00`1 A%; Rathryh M. O'Hallorah; aiCMC%AAE ASSIGNEE: INDIAN RIVER COUNTY, FLORIDA, a political subdivision of the State of Florida Ck 0 ATTEST':-— If" 01611)0-61L,Name � c% � - • ���--- Title: CDS%k tness Printed Name of Witness .Qhs Witness __ /} J7� -/. �fe Printed Name of Witness Witness Printed Name of Witness itness , AJI)e ft -j - td e ,(, (-r Printed Name of Witness Witness Printed Name of Witness w&r-ness i11 r] 2.f{ it . Q c 12 S l( I Printed Name of Witness ASSIGNOR: CITY OF SEBASTIAN, FLORIDA, a Municipal corporation, by its City Council By: Arthur L. Firtion,*;M yor 4s (OFFICIAL SFiAI7r� , ATTEST: —44, W00`1 A%; Rathryh M. O'Hallorah; aiCMC%AAE ASSIGNEE: INDIAN RIVER COUNTY, FLORIDA, a political subdivision of the State of Florida Ck 0 ATTEST':-— If" 01611)0-61L,Name � c% � - • ���--- Title: CDS%k STATE OF FLORIDA § COUNTY OF INDIAN RIVER The foregoing Assignment of Easements was sworn to and subscribed before me this _ day of September, 1995 by Arthur L. Firtion, Mayor of the City of Sebastian and Kathryn M. O'Halloran, CMC/AAE, on behalf of the City. Arthur L. Firtion and Kathryn M. O'Halloran are personally known to me au-.ident.it44D&tion. -and--d-id-~tadte-an--cat-h, ,''".,' OFFICIAL SEAL printed Name: LEA ��� LEA R. KELLER My Commission Expires Notary Public, State of Florida 'er May 15, 1996 At Large ,•ane' Comm. No. CC 194150. my Commission Expires: Commission No.: 0 C 12/ lit STATE OF FLORIDA COUNTY OF INDIAN RIVER The foregoing Assignment f Easements was sworn to and subsc ibed before me this �s da o Sept mber, 1995 by �� �Tff • a4• MRC/4 Tand J Q , as C H kl Q / and of INDIAN RIVER COUNTY, FLORIDA, o b half a�f the County. �r/-/ P. MAC/,/ T` and .7 �• - 1) q12 771/V are - personally known to me°e.. ..R��n+ i f i rat- i nn "-��d—'take--a•Ll-•�alth Printed Name:aLr+l /- /"5"L -Ek: Notary Public, State of Florida At Large My Commission Ex i.res. Commission No. • �� /r9� •• ° •, UFFiCiAL Sf:AL �s 6 w LEA R. hElL..i2 tJ My Comrr,ix: to . c.:;,i. es May 15. .995 r••. OF Comm. Nu. CC 194154 •s... N -44 4r io EXHIBIT "All Grant of Easemox)L ley Tho City of :tObartian, Florida .in favor of General L)avalopmrtit: lit tlitinr,, Tnc. recorded in official Records Book 995, fit'. Nayo 323. (;rant of Utility Easement by Atlantico Gulf Commnn.ities Corporation in favor of General Deve>.lnpmont: Utilities, Ino. recorded in offir..ial Rm ords llo(* 962, at'. Nage 7.854. Grant of Ut-Ji ity Fasement by Atlantic Gulf Communities Corporation All favor. of General Development Utilities, Tnc. recorded in Official Records Book 962, at Page 2858. Water Line Easement by Indian !fiver County School Di:st:ric:t in favor of General nevelopmont Utilities, Inc. recorded in official Records (hook '125, at: Page 600. ()coed of Faeement and Bill of Sale of Utility Facilities by Indian River County School Board in favor of General Development Utilities, Tnc. recorded in official Records Book 727, at Page 17:3. Grant of Easement by Sebastian General Partnership, D.F.T. in favor of General Development Utilities, Inc.. recorded :in official Records Book 933, at Page 2263. All recording references are to the Public Records of Indian River County, Plor.ida. IMMMIH II.Cb\111.11.1\11/Il/I) rr this instruaent prepared by or under the supervialm of: Macre: Clifton A. McClell", Jr., Esq. Potter, McClelland, Marks & Nealy, P.A. Address: 700 S. Babcock Street, Suite 400 mme it som Melbourne, Fl 32901 PARCEL I.D. NO. 200,6 S Or - Assignee's Taxpayer I.D. # — ' TON OURT , FLA. ASSIGNMENT OF PLAT AND OTHER BASEMENTS THIS ASSIGNMENT OF P T E SEMENTS ("Assignment") is made as of the 9g day of � Cnmkk) , 1995, between THE CITY OF SEBASTIAN, FLORIDA ("A signore), having its principal place of business at 1225 Main Street, Sebastian, Florida 32958 and INDIAN RIVER COUNTY, FLORIDA ("Assignee's), having its principal place of business at 1840 25th Street, Vero Beach, Florida 32960. W I T N E S S E T H: ASSIGNOR, in consideration of Ten and No/100 Dollars ($10.00) and other good and valuable consideration paid by Assignee to Assignor simultaneously herewith, the receipt and sufficiency of which are hereby acknowledged, has sold, assigned, transferred, set over and delivered, and by these presents does sell, assign, transfer, set over and deliver to Assignee, and Assignee's successors and assigns forever, Assignor's right, title and interest, if any, in and to those certain platted utility easements located in INDIAN RIVER COUNTY, FLORIDA and described on those certain plats set forth on Exhibit "A" attached hereto and by this reference made a part hereof (the "Plat Easements's), which are currently used by Assignor in the operation of the existing utility system commonly known as the City of Sebastian Water and Sewer System (the 11system") and which were obtained from Atlantic Gulf Communities Corporation and General Development Utilities, Inc. by Assignment of Plat and Other Easements dated December 14, 1993, and recorded in O.R. Book 1000, Pages 0984 through 0988, Public Records of Indian River County, Florida. TO HAVE AND TO HOLD unto Assignee and Assignee's successors and assigns forever, subject to the terms, covenants and provisions contained in the Plats and the reservations set forth below. ASSIGNEE hereby accepts the foregoing Assignment subject to: (i) the obligations of Assignor under the Plat Easements; (ii) all of the terms, covenants and provisions contained in the Plats; and (iii) the reservation set forth below. ASSIGNOR hereby reserves the right and privilege for itself and its successors and/or assigns, to utilize the Plat Easements in common with Assignee; provided Assignor's use of the Plat Easements does not unreasonably interfere with Assignee's use, occupation or enjoyment thereof. IN WITNESS WHEREOF, the undersigned have executed and delivered this Assignment as of the day and year first above written. W` ness J Printed Name of W'tness Witness C Printed Name of Witness a ,JUM AITTORNEY,s OFFICE tlNDIAN RIyrR C0144TY I€40 r}� rlrtnt ASSIGNOR: CITY OF SEBASTIAN, FLORIDA, a Municipal corporation, by its City Council By: Arthur L. Firtion, Mayor to CD M C> IV CD CID W nese Printed Name of Witness �« Witness Printed Name of Witness w P-. �qe� Witness �-Fi4 t2- gel -L612 Printed Name pof, Witness fitness Su-, &,u k-, Printed Name of Witness �" Witness Pri ted Name of Witness Witness \�/l lvilia L. 1A 1 r, ck r Printed Name of Witnbss STATE OF FLORIDA COUNTY OF INDIAN RIVER (0pridIAL 91 ATTBST 3 , Kg'kah M." fd� alloran, CMC/AAE ASSIGNEE: INDIAN RIVER COUNTY, FLORIDA, a political subdivision of the State of Florida C By: off. r . (OFFICIAL SF,AL)^:-' l-0, Name • Title: Gl e.r K The foregoing Assignment of Pla and Other Easements was sworn to and subscribed before me this day of September, 1995 by Arthur L. Firtion, Mayor of the City of Sebastian and Kathryn M. O'Halloran, CMC/AAE, on behalf of the City. Arthur L. Firtion and Kathryn M. O'Halloran are personally known to me-er<haue--predueed-- ---as---i-dent cation—and--did-_take--an oath-: Printed Name:a-- Notary Public, State of Florida At Large My Commission Expires: Commission No.: c? a, •�;,; �. OFFICIAL SEAL LEA R. KELLER My Commission Expires �',;rfo„icl";•'9 May 15, 1996 Comm. No. CC 194154 STATE OF FLORIDA COUNTY OF INDIAN RIVER The foregoing Assignment of Plat and Other Easements was sworn to and subscribed before me this v dayy,''of September, 1999 by Ar,4JA)A77— d aE'. ^Rc1-1 r- and _ f'� , as HATeM.4 and _ .t E -R of INDIAN RIVER COUNTY, FLORIDA, �on behalf of the County. ,ig',L) A)FTN 112. 1n11, -t17- and T W row are personally known to me -ex-have-pro'tinze& tion._ati�ld_i_ci take an oath. Printed Name:k&12 — fiFI-t-E-L Notary Public, State of Florida At Large My Commission Expires: Commission No.: ac- lrld l.D/ /� •'"' OFFICIAL SEAL LEA R. KELLER My Commission E---pi-les ;•,y May 15, 1995 Comm, No. CC 194154 4i l 40 ®) CXt-1RLT A Sebastian Nlghlonds - List of Plots Boing QML4 7 0► 6 8 b 9 through 14 9. 6 36 & 36A 9 7 2 1 a 71 10 6 37, 37 A through 37 0 71 7 56, 56 A throu,0!> 56 L 12 7 57 & 57A 14 g 43, 43 A through 43 l; 15 $ 44, 44 A through 44 U 16 i1 45, 45 A through 45 J 17 8 46, 46 A through 46 P "J Confirming (Third Reso.) 1/5/94(ENG)RES3.MAG\gfk RESOLUTION NO. 95--`1Q3__ A RESOLUTION OF BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, CONFIRMING THE ASSESSMENT ROLL FOR CERTAIN PAVING AND DRAINAGE IMPROVEMENTS TO 130TH AVENUE (WILLOW STREET) FROM CR512 SOUTH TO 77TH STREET/DITCH 24. APPROXIMATE LENGTH 2.21 MILES WHEREAS, the Board of County Commissioners of Indian River County adopted Resolution No. 95-96, providing for certain paving and drainage improvements to 130th Avenue (Willow Street) from CR512 south to 77th Street/Ditch 24, approximate length 2.21 miles; and WHEREAS, said resolution described the manner in which the special assessments are to be made and how the special n nill- 1! 1 7J �7 frl yi Q <s!' m XC�p to r> 7, y 4N T_'11 r C7'1 assessments are to be paid; and WHEREAS, the resolution was published as required by Section 206.06, Indian River County Code; and WHEREAS, the Board of County Commissioners of Indian River County passed Resolution No. 95-97, on August 22, 1995, which set a time and place for a public hearing at which the owners of the properties to be assessed and other interested persons would have the chance to be heard as to any and all complaints as to said project and said special assessments, and for the Board to act as required by Section 206.07, Indian River County Code; and WHEREAS, notice of the time and place of the public hearing was published in the Vero Beach Press Journal Newspaper on August 30, 1995 , and September 5, 1995, (twice one week apart, and the last being at least one week prior to the hearing), as required by Section 206.06, Indian River County Code; and WHEREAS, the land owners of record were mailed notices at least ten days prior to the hearing, as required by Section 206.06, Indian River County Code; and 1 This document was prepared by aril shadd be returned to the County "ineer's Office, 1840 25th street, Vero Reach, Ft. 32960