City Council Agenda Item Meeting of April 7, The Honorable Mayor and Members of the City Council

Transcription

1 3-Y) City Council Agenda Item Meeting of April 7, 2015 TO: FROM: DATE: March 30, 2015 The Honorable Mayor and Members of the City Council James R. O'Connor, City Manager <;}~,,,, tr D ~1r v. SUBJECT: Utility Easements #2015-EG-0160, Sharon Sloss and #2015-EG 0161, Thompson's Remodeling & Home Repair, Inc. REQUESTED BY: City Manager/T&D Department The following is requested as it relates to the above-referenced agenda item: X Request Council review and approval based on the attached supporting documentation. No action required. (Information only)

2 Departmental Correspondence TO: DEPT: James R. O'Connor, City Manager City Manager FROM: Ted Fletcher, Director \f DEPT: T&D DATE: March 26, 2015 RE: Utility Easements# 2015-EG-0160, Sharon Sloss and # EG-0161, Thompson's Remodeling & Home Repair, Inc. Recommendation: Place this item on the agenda for the April 7, 2015 City Council meeting; To approve and accept conveyance ofthe Deed ofeasement for electric facilities. Funding: There is no funding required for this item. Background: A Utility Easement is required by the City of Vero Beach to provide power for new buildings on properties located at st Street. Analysis: Strengths: Weakness: This Utility Easement will allow us to provide new electrical service to these buildings. There is no existing Utility Easement available which would allow us to provide power to this location. Opportunities: This will enable us to add new customers to the Electric Grid, which will produce additional revenue for the City of Vero Beach. Threats: No known threats. TF/mp Enclosures

3 Prepared by and return to: Office of the City Attorney P.O. Box 1389 Vero Beach, FL UTILITY EASEMENT DEED (2015-EG-0161) 1 - d"- II. THIS INDENTURE made and entered into this _d_4_ day of (/,; lt'l r U\ 2015, by and between THOMPSON'S REMODELING & HOME REPAIR, INC., a Florida profit corporation (the "Grantor"), whose mailing address is P.O. Box 430, Vero Beach, FL , and the CITY OF VERO BEACH, a Florida municipal corporation (the "Grantee"), whose mailing address is P.O. Box 1389, Vero Beach, FL : (Wherever used herein the terms "Grantor" and "Grantee" include all the parties to this instrument and their respective heirs, legal representatives, successors and assigns.) WITNESSETH: That Grantor is the owner in fee simple of that certain real property (the "Property") lying, situate and being in Indian River County, Florida, and more particularly described as That real property conveyed by Warranty Deed dated December 29, 2014, recorded on December 31, 2014 in Official Record Book 2813, at Page 1400, of the Public Records of Indian River County, Florida, the Parcel I.D. Number of which real property is That Grantor, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, hereby grants to the Grantee, its successor and assigns, a public utility easement, which easement is more particularly described in Exhibit "A" (the "Easement Premises"), attached hereto and incorporated herein by reference, and which easement shall run with and be a burden upon the Property. Grantor hereby reserves for itself, its successors and assigns, the right to use the Easement Premises for purposes not inconsistent with the Easement granted herein, including without limitation, the right of ingress, egress and passage by Grantor and its employees, agents, customers, and invitees, over, across, and through the Easement Premises. Grantor further grants to the Grantee, its agents, employees, contractors, and assigns, a general ingress/egress easement over and across its driveways, parking, common and open areas of the Property for the purpose of access to, and/or maintenance of, any of the Grantee's improvements. Grantee shall not be otherwise responsible for maintenance of the Easement Premises. The undersigned hereby covenant and warrant that Grantor owns the said land described herein and the undersigned, as or on behalf of Grantor, have the right to grant this easement. Page 1of3 N:\Client Docs\Electric Utility\T &D\2015-EG-0161.THOMPSON'S.IR Farms SD.March.2015-cpm.wrc.docx

4 IN WITNESS WHEREOF, the Grantor has duly authorized and caused this Indenture to be executed in its name as of the day and year first herein written. GRANTOR (Thompson's Remodeling & Home Repair, Inc.): Robe T. Thompson President Sign: Print: Vice President [SEAL] STATE OF FLORIDA COUNTY OF INDIAN RIVER The foregoing instrument was acknowledged before me this Zl/k.day of /;ia.r.~-t by Robert T. Thompson, as President, and Heidi A. Thompson, as Vice Pr~~-2f ]Jlo.mp.~on's Remodeling & Home Repair,.Inc., as Grantor. They are [circle one] ~-~Uy' to me OR produced [describe ID shown] as identification. My Commission No.: My Commission Expires: RAVINA MICHELLE BARKLEY Commission # FF gxpires February 3, 2018 Bonded Thru Troy Fain Insurance SIXl Page 2 of3 N:\Client Docs\Electric Utility\T &D\2015-EG-0161.THOMPSON'S.IR Fanns SD.March.2015-cpm.wrc.docx

5 ACCEPTANCE OF CONVEYANCE The foregoing conveyance is hereby accepted by the City of Vero Beach, Florida, as evidenced by the signature of the undersigned, who is authorized to accept this conveyance. ATTEST: CITY OF VERO BEACH TamrnyK. Vock City Clerk [CITY SEAL] Richard G. Winger Mayor Date: Approved as to form and legal sufficiency: Approved as conforming to municipal policy: City AnJmey James R. O'Connor City Manager Approved as to technical requirements: William T. Fletcher Director, T&D Operations Page 3 of3 N:\Client Docs\Electric Utility\T &D\2015-EG-O 161.THOMPSON'S.IR Farms SD.March.2015-cpm.wrc.docx

6 Prepared by and return to: Office ofthe City Attorney P.O. Box 1389 Vero Beach, FL UTILITY EASEMENT DEED (2015-EG-0160) THIS INDENTURE made and entered into this~ day of 2015, by and between SHARON SLOSS, as Trustee of the Declaration of Trust of Sharon L. Sloss dated May 26, 1993, as amended (the "Grantor), whose mailing address is 7 Royal Palm Pointe le, Vero Beach, FL 32960, and the CITY OF VERO BEACH, a Florida municipal corporation (the "Grantee"), whose mailing address is P.O. Box 1389, Vero Beach, FL : ~-l Cr- n!lti 1' Cl1 (Wherever used herein the terms "Grantor" and "Grantee" include all the parties to this instrument and their respective heirs, legal representatives, successors and assigns.) WITNESSETH: That Grantor is the owner in fee simple of that certain real property (the "Property") lying, situate and being in Indian River County, Florida, and more particularly described as That real property conveyed by Warranty Deed dated December 29, 2014, recorded on December 31, 2014 in Official Record Book 2813, at Page 1405, of the Public Records of Indian River County, Florida, the Parcel I.D. Number of which real property is That Grantor, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, hereby grants to the Grantee, its successor and assigns, a public utility easement, which easement is more particularly described in Exhibit "A" (the "Easement Premises"), attached hereto and incorporated herein by reference, and which easement shall run with and be a burden upon the Property. Grantor hereby reserves for herself, her successors, heirs and assigns, the right to use the Easement Premises for purposes not inconsistent with the Easement granted herein, including without limitation, the right ofingress, egress and passage by Grantor and her employees, agents, customers, and invitees, over, across, and through the Easement Premises. Grantor further grants to the Grantee, its agents, employees, contractors, and assigns, a general ingress/egress easement over and across its driveways, parking, common and open areas of the Property for the purpose of access to, and/or maintenance of, any of the Grantee's improvements. Grantee shall not be otherwise responsible for maintenance of the Easement Premises. Page 1of3 N:\Client Docs\Electric Utility\ T &D\2015-EG-O 160.SLOSS.IR Farms SD.March.2015-cpm.wrc.docx

7 The undersigned hereby covenants and warrants that Grantor owns the said land described herein and the undersigned, as or on behalf of Grantor, has the right to grant this easement. IN WITNESS WHEREOF, the Grantor has duly authorized and caused this Indenture to be executed in its name as ofthe day and year first herein written. WITNESS: GRANTOR (SHARON SLOSS, as Trustee of the Declaration of Trust of Sharon L. Sloss dated May 26, 1993, as amended): Sign: Print: Sign: Print: STATE OF FLORIDA COUNTY OF INDIAN RIVER The foregoing instrument was acknowledged before me this~l. day of /1A.JJAc.,,L 2015 by Sharon Sloss, as Trustee of the Declaration of Trust of Sharon L. Sloss dated May 26, 1993, as amended, as Grantor. She is [circle one(~~~~~ji~: ~~!~~ OR produced [describe ID shown] as Identification.!~cw_L,<~ ){;.LI!/ /.1,-'J'' No ary Public -r lj>.\w:'ft;;::,. RAVINA MICHELLE BARKLEY Print Name: N.~~ Commission# FF \:J expires February 3, 2018 My Commission No.: ':f, Bonded Thru Troy Fahl Insurance S My Commission Expires: Page 2 of3 N:\Client Docs\Electric Utility\T&D\2015-EG-0160.SLOSS.IR Farms SD.March.2015-cpm.wrc.docx

8 ACCEPTANCE OF CONVEYANCE The foregoing conveyance is hereby accepted by the City of Vero Beach, Florida, as evidenced by the signature ofthe undersigned, who is authorized to accept this conveyance. ATTEST: CITY OF VERO BEACH TammyK. Vock City Clerk [CITY SEAL] Richard G. Winger Mayor Date: Approved as to form and legal sufficiency: Approved as conforming to municipal policy: James R. O'Connor City Manager Approved as to technical requirements: William T. Fletcher Director, T&D Operations Page 3of3 N:\Client Docs\Electric Utility\T&D\2015-EG-0160.SLOSS.IR Farms SD.March.2015-cpm.wrc.docx