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Home My WebLink About2018-203ABILL OF SALE OF UTILITY FACILITIES TO INDIAN RIVER COUNTY, FLORIDA KNOW ALL MEN BY THESE PRESENTS, that: THE CITY OF VERO BEACH, a Florida municipal corporation, whose mailing address is P.O. Box 1389, Vero Beach, Florida 32961 ("GRANTOR"), in consideration of value received, the receipt and sufficiency of which is hereby acknowledged, has and does hereby grant, bargain, sell, transfer, and deliver unto INDIAN RIVER COUNTY, a political subdivision of the State of Florida, whose mailing address is 1801 27th Street, Vero Beach, Florida 32960 ("GRANTEE"), as of the date of acceptance entered below: That portion of the out of service City sanitary sewer force main located within the utility easement abandoned pursuant to Resolution No. 2018 - 3d ("Utility Facilities") and now located in the County's 43rd Avenue right-of-way, with an approximate value of $10 (TEN DOLLARS), TO HAVE AND TO HOLD the same unto GRANTEE forever, and GRANTOR hereby warrants to the GRANTEE that it has free and unencumbered title to the Utility Facilities, that all persons or entities which have supplied labor or materials with respect to these Utility Facilities have been paid in full, that none of them has any claim whatsoever with respect thereto, and that the GRANTOR has full authority to make this conveyance and will warrant and defend the sale of said Utility Facilities hereby made unto GRANTEE against the claims and demands of all persons whomsoever. SIGNATURE PAGES FOLLOW [Remainder of Page Intentionally Left Blank] 3120180074105 RECORDED IN THE PUBLIC RECORDS OF JEFFREY R SMITH, CLERK OF COURT INDIAN RIVER COUNTY FL SK: 3169 PG: 833 Page 1 of 3 12/10/2018 1:42 PM Page 1 of 3 IN WITNESS WHEREOF, GRANTOR has herein set its hand and seal the day and year entered below. STATE OF FLORIDA COUNTY OF INDIAN RIVER GRANTOR: CITY OF VERO ki ty Manager FLORIDA 4 The foregoing instrument was acknowledged before me this A f day of n p,1 e m 5c / 2018 by James R. O'Connor, as City Manager of the City of Vero Beach, as Grantor. He is personally known to me. ARY PUBLIC Print/Stamp Name: My Commission No.: My Commission Expires: SHERRI PHILO MY COMMISSION # GG 018401 r^.:a EXPIRES: December 3, 2020 [NOTARY SEAL] ADMINISTRATIVE REVIEW (For Internal Use Only—Sec. 2-77 COVB Code) Approved as to form and legal sufficiency: Stefanie A. Beskovoyne Assistant City Attorney Approved as to technical requirements: Robert J ater & Sewer SIGNATURES CONTINUE ON NEXT PAGE Page 2 of 3 ACCEPTANCE OF CONVEYANCE OF UTILITY FACILITIES The conveyance to Indian River County of those certain Utility Facilities pursuant to the foregoing Bill of Sale dated November 28, 2018 2018 is hereby accepted by Indian River County as evidenced by the signature of the undersigned, who is authorized to accept this conveyance. GRANTEE: BOARD OF COUNTY COMMISSIONERS INDIARIVER COUNTY, FLORIDA <°�ssiorJE�s°•°„ BY: •� ate: Peter D. O'Bryan, Chairma BCC Approved: November 6, 2018 Attest: Jeffrey R. Smith, Clerk of Court and Comptroller By: Deputy Clerk Approved as to form and legal sufficiency William K. DeBraal Deputy County Attorney Ap] By Jasi Col Page 3 of 3 j. Prepaied by and retum to:. City Attorney . P.O. Box 1389 Vero Beach; FL 32961-1389. . ABANDONMENT OF UTILITY.EASEMEN.T RESOLUTION NO. 2018,- .30 . (20184UE-413) A RESOLUTION OF THE. CITY COUNCIL OF THE CITY OF VERO. BEACH, FLORIDA, ABANDONING ALL :OF THE CITY'S INTEREST IN :.THAT CERTAIN UTILITY EASEMENT DESCRIBED AS THE EAST TWO FEET,. OF . THE WEST .27.00 FEET .OF TRACTS FOUR. AND FIVE, SECTION :THREE, TOWNSHIP 33, RANGE 39 EAST; LYING NORTH OF THE. MAIN RELIEF. CANAL. RIGHT-OF-WAY;. ACCORDING TO ....THE. PLAT OF. THE ..INDIAN RIVER FARMS COMPANY SUBDIVISION AS RECORDED IN PLAT BOOK 2, 'PAGE 25 OF THE PUBLIC RECORDS OF : ST.. LU CIE- COUNTY, FLORIDA :NOW SITUATED.. ANDLYING .IN INDIAN RIVER COUNTY,, FLORIDA . PURSUANT TO : THE EASEMENT RECORDED DECEMBER 30, 1970.' IN OFFICIAL RECORD. BOOK 371. AT 'PAGE 310 OF THE PUBLIC RECORDS. OF. INDIAN RIVER COUNTY, _FLORIDA; :AUTHORIZING THE TRANSFER OF ALL CITY INTERESTS. IN THE' ASSOCIATED SANITARY SEWER FORCE MAIN; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City :of Vero: Beach: (`.`City") .has an interest in that certain utility easement: located on :and, encumbering the real. property :described as the East: 2 Feet, of the West 27 Feet of Tracts 4 and 5, Section 3 Township .33 South, Range 39 .East, lying North of the main relief canal. . right-of way; according to the plat of the Indian River Farms Company Subdivision as recorded in Plat Book 2 at Page 25 of the Public Records of St. Lucie County, now situated and.lying in Indian River County, Florida,. pursuant to: the easement ("Easement") recorded. December 30, 19.70 in Official: Record Book 371 at Page 310 of the Public Records of Indian River. County; Florida; and WHEREAS, said Easement now lies partially within certain real property deeded by. the: City . to Indian River County ("County") for: right-of way purposes via City.Deed, recorded September .18, 2015 in Official Record Book 2878 at Page 480 of the Public Records of Indian River County; and WHEREAS, the State of Florida. Department of Transportation has: requested that, the .City abandon its, interests in the Easement in.tonjunction with the County's road improvement project.at State Road No. 60 (20th Street) and along 43'a Avenue; and WHEREAS, ,pursuant to section 2-373 of the Code of the City of Vero. Beach; the City may . 'abandon its interests, in an easement by the City Council adopting aresolution declaring the interest abandoned; and: Pagel of 3. N:1Client Docs\Resolutions\Easemeni.Aband6nment12018-RE-413. County 10.9. 18 SB.doc WHEREAS, the City's Water : and . Sewer Department has investigated :the "request and determined that the Easement is no longer:needed by the'City and the sanitary sewer force main is no. longer, in service and has no value to .the. City_ and any interest therein may be transferred to. the County in conjunction with the abandonment of the Easement; and WHEREAS, the .Citv-Councilfinds that the aforementioned _Easement and sanitary sewer force main are no longer needed by the City, granting the request. toabandon the Easement and transfer the' sanitary sewer force main described herein serves a municipal purpose and is in the public interest; NOW, THEREFORE; BE IT RESOLVED BY.THE CITY COUNCIL OF THE CITY OF VERO BEACH, FLORIDA, THAT: Section 1= Adoption of "Whereas" clauses. The foregoing."Whereas" clauses . are hereby adopted_ and incorporated : herein as forming the legislative findings, purpose; and intent of this Resolution. Section 2 - Abandonment of Easement: The.City.of Vero Beach. Floridan hereby declares abandoned all its right; title and.interest the City has or may have jn. that .certain -Easement described as the East 2 Feet of the West 27 .Feet of Tractf-way., s 4: and • 5, Section 3 Township. 33 South, Range 39 East, lying North of the main _relief canal cording to. the plat of the Indian River Fan' ns.Company. Subdivision as recorded in Plat Book 2 at Page:25 of the Public Records of St:. Lucie County,. now, situated and lying in Indian River County; Florida; .pursuant to the Easement and the sanitary sewer force main located within . said Easement, is authorized to, tiansfer to_the County via Bill of Sale, attached hereto as Exhibit "A" and incorporated herein, authorizing the. City Manager to execute said Bill of Sale on behalf of the City-. Section 3 ._ Effective Date. This Resolution shall become effective. upon final adoption by the.City Council. . Tn This Resolution was. he on.th, day of!D1�(�f1 018; .after which_ hearing it was . moved for adoption by Councilmember eS seconded by . Councilrriember and adopted y the following vote of the City Council:.. Mayor Harry Howle III V .e_5, Vice Mayor Lange Sykes E' S Councilmember Laura Moss Councilmember Anthony W. Young e 8 C 1 .. ounci member Val Zudansy r Page 2 of 3 NAClient Docs\ResolutionsAEasement.Aband6nmenfl2018-RE413. County 10.9. 18 SB.doc