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HomeMy WebLinkAbout1975-041® RESOLUTION NO. 75-41 WHEREAS, the Board of County Commissioners of ® Indian River County, Florida have been requested to release the side lot line easement, lying on either side of the side lot line between Lots 3 and 4 and between Lots 4 and 5, of Block 5 of HEALTHLAND SUBDIVISION, according to Plat thereof filed in the office of the Clerk of the Circuit Court of Indian River County, Florida in Plat Book 4, page 39; and WHEREAS, the prospective purchaser of Lots 3, 4 and 5 of Block 5 of HEALTHLAND SUBDIVISION intends to erect two residences on said property, resulting in a 6 foot ease- ment running through each such proposed residence; and WHEREAS, said 3 foot side lot line easements were dedicated on the Plat of said HEALTHLAND SUBDIVISION for Public utility purposes; and WHEREAS, the City of Vero Leach and Southern Bell Telephone and Telegraph Co. have advised that such easements are not necessary for their respective utility purposes; and WHEREAS, the request for such release for easement has been submitted in proper form; NOW, TIiEREFOPE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA that the following side lot line easements in HEALTHLAND SUBDIVISION shall be released, abandoned and vacated as follows: The side lot line easement, being 3 feet, lying on either side of the lot line be- tween Lot 3 and Lot 4, of Block 51 and the 3 feet lying on either side of the lot line between Lot 4 and Lot 5, of Block 5, all in HEALTHLAND SUBDIVISION, according to the Plat thereof filed in the office of the Clerk of the Circuit Court in Indian River County, Florida, in Plat Eook 4, page 39; but the 3 foot side lot line easement lying on the North side of Lot 3 of said Block 5, and the 3 foot side lot line ease- ment lying on the South side of Lot 5 of said Block 5, shall remain in full force and effect. BE IT FURTHER RESOLVED that the Chairman of the Board of County Commissioners and the Clerk of the Circuit Court be, and they are hereby authorized and directed to execute a release of said lot line easements hereinabove referred to in form proper for recording and placing in the Public Records of Indian River County, Florida. This 9th day of July 1975. BOARD OF' COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FZIDA By tl_ J � Alma Lee Loy, Chairman ATTEST: Rat. Clerk' of -2- do • RELEASE OF EASEMENT This Release of Easement executed this 9th day of July , 1975 by the BOARD OF COUNTY COMMIS- SIONERS OF INDIAN RIVER COUNTY, FLORIDA, a Political Sub- division of the State of Florida, first party, to CHARLES DEICKLER and JEANNE H. DEICKLER, his wife, whose post office address is 1105 21st Court, Vero Beach, Florida 32960 party of the second part, W I T N E S S E T H: That the said first party for and in consideration of the sum of ONE ($1.00) DOLLAR and other good and valuable considerations in hand paid by the said second party, does hereby remise, release, abandon and quit claim unto the second party forever, all the right, title, interest, claim and demand which the said first party has in and to the following des- cribed easement, lying on land situate in the County of Indian River and State of Florida, to -wit: The side lot line easement, being 3 feet, lying on either side of the lot line be- tween Lot 3 and Lot 4, of Block 5, and the 3 feet lying on either side of the lot line between Lot 4 and Lot 5, of Block 5, all in HEALTHLAND SUBDIVISION, according to the Plat thereof filed in the office of the Clerk of the Circuit Court in Indian River County, Florida, in Plat Book 4, page 39; TO HAVE AND TO HOLD the same with all and singular the appurtenances thereunto belonging or in anywise apper- taining and all the estate, right, title, interest, equity and claim whatsoever of the said first party either in law or equity to the only proper use, benefit and behoof of the said second party forever. IN WITNESS WHEREOF, the said first party has signed and sealed these presents by the parties so authorized by law the day and year first above written BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA By AT7'ESIt �`' Alma Lee Loy, Chairman C* Ra p , Iiaxr , . ` ,,x c of the 03it.; 40 40 Signed, sealed and delivered in the presence of: STATE OF FLORIDA COUNTY OF INDIAN RIVER I HEREBY CERTIFY that on this day before me, an officer duly authorized in the State aforesaid and the County aforesaid to take acknowledgments, personally appeared ALMA LEE LOY, as Chairman of the Board of County Commissioners of Indian River, Florida, a Political Subdivision of the State of Florida, and RALPH HARRIS, as Clerk of the Circuit Court, to me known to be the persons duly authorized by said County to execute the foregoing instrument, and they acknowledged before me that they executed the same for and on behalf of said Polit- ical Subdivision. WITNESS my hand and seal in the County and State l' last aforesaid this c% day of �� , 1975, " Notary PublicS— tate,of Florida at Large =.. ' " ••..moi ; My Commission expires: VL, -2- �J 40 PITONE: 567.4281 t �J CHARLES DEICKLER BUILDER OF QUALITY HOMES 1105 - 21st Cort VERO BEACH, FLORIDA - 32960 r' May 30, 1975. Mr. John Little City Manager Vero Beach, Plasida. Dear Mr. Little; At Mr. Frankenberger's suggestion, I am writing you about this matter. My husband and I are in the process of selling lots 3,4,and5, Block 5, Healthland Subdivision. The buyer is planning to build two houses on the three lots. There is a 31 utility side lot easement between these lots. We would like to have this easement abandoned. I have contacted Southern Bell and have been assured by their engineer that this easement is not necessary and since the poles are shared by both utilities, I have to have a letter from Southern Bell and the City Utilities to this effect. This is then submitted to the County Commission- ers for action. This has been done on the other lots we have sold in this Subdivision. This, of course, in no way affects the rear easement lines. May I hope to hear from you soon. Sincerely, XC_i 40 • City of Vero Beach A O. BOX 1389 - 1033 -2016 PLACB flip VERO BEACH, FLORIDA • 32960 Trlrpbonr 367-SISt1 OFFICE OF TIIE,�C�y J,+ CITY MANAGER June 3, 19�.tJ7.7►ZJ/ Mrs. Jeanne Deickler 1105 21st Court Vero Beach, Florida 32960 Dear Mrs. Deickler: Subject: Release of Side Lot Easements Lots #3, 4 & 5, Block 5 Healthland Subdivision This will acknowledge receipt of your letter of May 30th on the above mentioned subject. The City electric company has assured me that we would not need subject side lot easements for electric utilities and would have no objection to release of said easements. Since Healthland Subdivision is located outside of the City limits, we are referring this matter to the County Commission, c/o Mr. Jack G. Jennings, County Administrator. Very truly yours, CITY OF VERO__BEACH H. Bach Nielsen Assistant City Manager HBN: em cc: Mr. Jack G. Jennings, County Administrator "City of Beautifid Beadhel"