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HomeMy WebLinkAboutPacket 08-03-2004CALL TO ORDER: PLEDGE OF ALLEGIANCE: ROLL CALL: CONSENT AGENDA: ty of Cape Canaveral L REGULAR MEETING HALL ANNEX Cape Canaveral, Florida TUESDAY gust 3, 2004 7:00 PM AGENDA City Council Regular Meeting Minutes of July 20, 2004. 2. Harbor Heights Easement Agreements. 3. Public Utility Easement Granted by Greene International Development Corporation. 4. Public Ingress/Egress and Utility Easement Granted by Eppley and Lee. CONSIDERATIONS: 5. Motion to Approve: Proposal to Design Stormwater Baffle Boxes for the Center Street, Holman Road and West Central Boulevard Outfall Areas. ORDINANCES: Second Public Hearing: 6. Motion to Adopt: Ordinance No. 14-2004; Annexation of the Avon -By -The - Sea Area, at second reading. 105 Polk Avenue • Post Office Box 326 • Cape Canaveral, FL 32920-0326 Telephone: (321) 868-1220 • SUNCOM: 982-1220 • FAX: (321) 868-1248 wwwmyflorida.com/cape • e-mail: ccapecanaveral@cfl.rr.com City of Cape Canaveral, Florida City Council Regular Meeting Agenda August 3, 2004 Page 2 RESOLUTIONS: 7. Motion to Adopt: Resolution No. 2004-25, Adopting a Tentative Proposed Millage Rate for the 2004/2005 Fiscal Year. REPORTS: 1. City Manager 2. Staff 3. City Council AUDIENCE TO BE HEARD: Comments to be heard on items that do not appear on the agenda of this meeting. Citizens will limit their comments to five (5) minutes. The City Council will not take any action under the "Audience To Be Heard" section of the agenda. The Council may schedule such items as regular agenda items and act upon them in the future. ADJOURNMENT: Pursuant to Section 286.0105, Florida Statutes, the City hereby advises the pubic that: If a person decides to appeal any decision made by the City Council with respect to any matter considered at this meeting, that person will need a record of the proceedings, and for such purpose that person may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. This notice does not constitute consent by the City for the introduction or admission into evidence of otherwise inadmissible or irrelevant evidence, nor does it authorize challenges or appeals not otherwise allowed by law. Persons with disabilities needing assistance to participate in any of these proceedings should contact the City Clerk's office (868-1221) 48 hours in advance of the meeting. CITY COUNCIL REGULAR MEETING CITY HALL ANNEX 111 Polk Avenue, Cape Canaveral, Florida TUESDAY July 20, 2004 7:00 P.M. MINUTES CALL TO ORDER: Mayor Randels extended his apologies to the City Attorney and the audience for not acting procedurally as Chair on subject matter in discussion at the previous meeting. ROLL CALL: Mayor Pro Tem Council Member Council Member Mayor Council Member Others Present: City Manager City Attorney City Clerk Public Works Director Recreation Director Building Official Bob Hoog Steve Miller Jim Morgan Rocky Randels Richard Treverton Bennett Boucher Anthony Garganese Susan Stills Ed Gardulski Nancy Hanson Todd Morley Attorney Jack Kirschenbaum and Attorney Mason Williams from the Law Firm of Gray, Robinson, presented a check to the City of Cape Canaveral for $54,212 as part of the settlement proceeds in the beach restoration case against the Army Corps of Engineers. Mr. Kirschenbaum presented Council samples of the first sand from the renourishment project. Mayor Randels informed that the beach re -nourishment program would continue for 50 years should erosion occur. PRESENTATION: Mayor Randels called on Ms. Judy Hale who presented the Summer Beautification Award to Ms. Judy Millet of Johnson Controls as the winner. Ms. Hale commented on the company's aesthetic efforts. Mayor Randels informed that Johnson Controls is also the prospective recipient of a National Wildlife Federation award. City of Cape Canaveral, Florida City Council Regular Meeting July 20, 2004 Page 2 of 9 CONSENT: 1. City Council Regular Meeting Minutes of July 6, 2004. 2. Outdoor Entertainment Permit for the National Night Out of August 3rd There was no request to remove any items for discussion. A motion was made by Mr. Morgan and seconded by Mayor Pro Tem Hoog A vote on the motion carried 5-0 with voting as follows: Mayor Pro Tem Hoog, For; Mr. Miller, For; Mr. Morgan, For; Mayor Randels, For and Mr. Treverton, For. CONSIDERATION: 3. Florida Recreation Development Assistance Grant Agreement in an Amount of $112,500 for the Banana River Park. Mayor Randels informed that 5 -acres along the river just north of West Central Blvd. was initially purchased with a P-2000 grant. Mayor Randels commended Ms. Hanson for her work. The grant would be used to develop a soccer field, picnic facilities, playground, fishing platform, parking and landscaping on the 5 -acres. Ms. Hanson introduced State Representative Bob Allen who would present the check to Mayor Randels. State Representative Allen remarked that it was good to see the Council working around a planned system of amenities and good use of recreational space in light of the City's growth and development. A motion was made by Mr. Treverton and seconded by Mr. Miller to approve the Florida Recreation Development Assistance Grant Agreement in an Amount of $112,500. A vote on the motion carried 5-0 with voting as follows: Mayor Pro Tem Hoog, For; Mr. Miller, For; Mr. Morgan, For; Mayor Randels, For and Mr. Treverton, For. 4. Emergency Repair and Replacement of the Wastewater Treatment Plant Computer System. Mayor Randels related on the lightning damage done to the Plant's computer system in an amount of $46,704 and stated that authorization is needed for emergency service since this is not a budgeted item. Mr. Boucher informed that the insurance company would reimburse the City for any cost over the deductible. A motion was made by Mr. Treverton and seconded by Mayor Pro Tem Hoog to Approve the Emergency Repair and Replacement of the Wastewater Treatment Plant Computer System. A vote on the motion carried 5-0 with voting as follows: Mayor Pro Tem Hoog, For; Mr. Miller, For; Mr. Morgan, For; Mayor Randels, For and Mr. Treverton, For. City of Cape Canaveral, Florida City Council Regular Meeting July 20, 2004 Page 3 of 9 5. Expansion of the Reuse Water Line in the 100 Block of Johnson Avenue. Mayor Randels informed that the project construction team was mobilized and could work at this location while in the vicinity. Mr. Gardulski is requesting $18,780 from the Enterprise Fund Impact Fees to pay for the 100 Block of Johnson Avenue and the Harbor Heights area. Mr. Gardulski replied to Mayor Pro Tem Hoog that this cost is for the reuse system not the irrigation line. Mr. Treverton asked if Mr. Gardulski had completed the concept plan for the landscape vegetation area around Yogi's Food and Beverage store. Mr. Gardulski affirmed. A motion was made by Mayor Pro Tem Hoog and seconded by Mr. Miller to Approve the Expansion of the Reuse Water Line in the 100 Block of Johnson to include Harbor Heights Stormwater Project at Central and Ridgewood Avenue in the Amount of $18,870. A vote on the motion carried 5-0 with voting as follows: Mayor Pro Tem Hoog, For; Mr. Miller, For; Mr. Morgan, For; Mayor Randels, For and Mr. Treverton, For. SECOND PUBLIC HEARING: 6. Motion to Adopt: Ordinance No. 13-2004; Amending Chapter 10, Article IV, of the City Code Pertaining to Sexually Oriented Business and Adult Entertainment, at second reading. The City Attorney read Ordinance No. 13-2004 by title. AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, FLORIDA AMENDING CHAPTER 10, ARTICLE IV, OF THE CAPE CANAVERAL CITY CODE PERTAINING TO SEXUALLY ORIENTED BUSINESSES AND ADULT ENTERTAINMENT ESTABLISHMENTS, AND RELATED MATTERS; PROVIDING FOR A SHORT TITLE; PROVIDING FOR LEGISLATIVE PURPOSES, FINDINGS AND INTENT; PROVIDING FOR CONSTRUCTION OF THE ORDINANCE; RECOGNIZING OBSCENITY AS UNLAWFUL; PROVIDING FOR DEFINITIONS; PROVIDING FOR NOTICE; PROVIDING FOR PENALTIES, REMEDIES AND RELIEF; PROVIDING FOR AND REQUIRING LICENSES; PROVIDING FOR LICENSEE APPLICATIONS AND FEES; PROVIDING FOR CLASSIFICATION OF LICENSES; PROVIDING FOR APPROVAL AND DENIAL OF LICENSE APPLICATIONS; PROVIDING FOR CONTINUING DUTIES UPON LICENSED APPLICANTS; PROVIDING FOR INVESTIGATIONS; PROVIDING FOR REAPPLICATION; PROVIDING FOR TIME PERIODS FOR NOTICES, SUBMITTALS, FILINGS, AND DECISIONS; PROVIDING FOR RESPONSIBILITIES OF CITY AND GOVERNMENT OFFICIALS AND DEPARTMENTS; PROVIDING FOR EXPIRATION, LAPSE, CONTINUATION, TERMS, SUSPENSION, REVOCATION AND ENFORCEMENT OF LICENSES; PROHIBITING THE TRANSFER OF LICENSES; PROVIDING FOR ESTABLISHMENT NAME CHANGES; PROVIDING FOR LICENSE SUSPENSION AND REVOCATION PROCEDURES AND PROCEEDINGS; PROVIDING FOR APPEALS; PROVIDING FOR WORKER RECORDS, CUSTOMER CONTRACTS AND DAILY REGISTERS AND INSPECTION THEREOF; PROVIDING FOR DUTIES AND OBLIGATIONS; PROVIDING FOR PROHIBITED ACTIVITIES AND UNLAWFUL ACTS BY ESTABLISHMENTS AND BUSINESSES, WORKERS, OPERATORS, AND CUSTOMERS; PROVIDING FOR GENERAL REQUIREMENTS, DUTIES, City of Cape Canaveral, Florida City Council Regular Meeting July 20, 2004 Page 4 of 9 OBLIGATIONS, REQUIRED ACTS AND PROHIBITIONS; PROVIDING FOR LICENSEE CONSENT; PROVIDING FOR SPECIFIC PROVISIONS RELATING TO VARIOUS CATEGORIES OF LICENSEES; PROVIDING REGULATIONS FOR SEXUALLY ORIENTED BUSINESSES; PROVIDING REGULATIONS FOR ADULT BOOK STORES/ADULT VIDEO STORES; PROVIDING REGULATIONS FOR ADULT THEATERS; PROVIDING REGULATIONS FOR ADULT PERFORMANCE ESTABLISHMENTS; PROVIDING REGULATIONS FOR COMMERCIAL BODILY CONTACT ESTABLISHMENTS; PROVIDING REGULATIONS FOR ESCORTS AND ESCORT SERVICE PROVIDERS; PROVIDING REGULATIONS FOR ADULT MODELING OR DISPLAY ESTABLISHMENTS; PROVIDING REGULATIONS FOR ADULT MODELS; PROVIDING REGULATIONS FOR PROHIBITED ACTS BY CUSTOMERS; PROVIDING FOR PROHIBITED ACTS BY WORKERS AND OPERATORS; PROVIDING FOR RECORDS AND REPORTS; PROVIDING OPERATIONAL REQUIREMENTS AND PROHIBITIONS; PROVIDING FOR USE OF RESTROOMS AND DRESSING ROOMS; PROVIDING FOR THE PROTECTION OF MINORS; PROVIDING FOR HOURS OF OPERATION; PROHIBITING SEXUAL ENCOUNTER BUSINESSES; PROVIDING IMMUNITY FROM PROSECUTION FOR CERTAIN GOVERNMENT OFFICIALS AND ACTS; RESTATING THAT ADULT ENTERTAINMENT ESTABLISHMENTS AND SEXUALLY ORIENTED BUSINESSES SHALL BE LOCATED IN INDUSTRIAL AREAS SUBJECT TO DISTANCE REQUIREMENTS FROM RESIDENTIAL AREAS, SCHOOLS, CHURCHES, AND PARKS AND RECREATIONAL AREAS; PROVIDING FOR REPEAL, SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE. Attorney Garganese stated that minor corrections regarding numbering were made at the Council's direction. After the first reading of this ordinance, a group representing Smooth Sailing of Brevard and Weston, Garrou and DeWitt contacted the City Manager with subsequent studies and analyses. Representatives were present of the group to make presentation. Mr. Lawrence Walters, representing Smooth Sailing, of the Law Firm of Weston, Garrou stated his address as 781 Douglas Avenue, Altamonte Springs. He stated that he also represented the Lido Cabaret. He remarked that Council was proceeding expeditiously with the ordinance without industry representation. He stated that his firm had previously extended an offer of a Pre -Annexation agreement to the City; however the City staff closed discussion. Attorney Walters stated that this ordinance would place his client at a competitive disadvantage. He expressed that if the City is trying to reach regulation in a Constitutional manner, it should seek input from those under regulation. Attorney Walters distributed handouts that reflected a chart of other cities and counties that have challenged his firm on adult entertainment issues. He expressed that these cities and counties also exceeded their provisions on adult entertainment regulation. He stated that these cities infringed on the First Amendment rights of the industry. Attorney Walters stated that this ordinance violates First Amendment Rights and he planned to introduce Mr. Bruce McLaughlin who had reviewed some of the studies submitted by the City Attorney. He stated that the data is insubstantial and does not represent what the City is attempting to regulate. He stated for the record that his client was not waiving any rights to challenge the ordinance by being represented at this time or pertaining to the advertisement. He replied to Mr. Morgan that discussion was closed on a Pre - Annexation Agreement one week prior to the First Public Hearing. He replied to the City of Cape Canaveral, Florida City Council Regular Meeting July 20, 2004 Page 5 of 9 Council that his contact is primarily with the City Attorney since he is the legal counsel for the City. Mr. Boucher expressed that a Pre -Annexation Agreement was too soon since the annexation transition period extends to October 1, 2005. Attorney Walters replied that the City is not seeking to regulate any other types of business prior to annexation. Mayor Randels said that a Pre -Annexation Agreement might be premature in that the residents of Avon -by -the -Sea and Canaveral residents have not yet voted on Annexation. Attorney Walters stated that a Pre -Annexation Agreement is conditional upon a successful annexation. He expressed that once passed; however, any prevailing issues were moot. Attorney Walters replied to Mr. Morgan that he expressed his general concerns to the City Attorney, but specific concerns had not yet been discussed. Attorney Garganese informed that Attorney Walters did contact him regarding a Pre -Annexation Agreement; however, the City Manager did not desire to take action prior to an annexation. Furthermore, there were other businesses in the Avon -by -the -Sea that would be subject to City regulations if annexed and no special circumstances were warranted. Lastly, Attorney Garganese stated that if there were specific concerns, this was the public forum to present those concerns. Mr. Bruce McLaughlin, of 900 Gulf Blvd., Suite 303, Indian Rocks Beach, Florida, on behalf of Smooth Sailing of Brevard, introduced himself as a land use planner and expressed his agreement with Attorney Walters. He stated for the record, that he holds a Master of Science degree in Urban and Regional Planning and is a member of the American Institute Certified Planners and was the Zoning Hearing Master for Hillsborough County for four years and has worked with Adult Use industries since 1988. Mr. McLaughlin stated that he submitted several volumes to the City Clerk as record copies for the Council's review with one more volume to submit after this meeting. He remarked that there were conflicts between what he found in the Statement of Findings in the draft ordinance and the findings in the Black Binders. In the Binders, the Chelsea's business survey was not referenced in the finding, a notebook is also not referenced in the findings and the City also does not have the complete record of the Rachel's revocation hearing. Mr. McLaughlin remarked that the St. Paul study in April of 1978 resulted in no adverse affects from sexually oriented uses. The Belleview Washington study also attests to no need to further study or regulate alcohol nuisance immorality laws. An appraiser's study in Evansville, Indiana also resulted in no evidence of harm using the Uniform Standards of County Property Appraisal Practice. In Fulton County, Georgia the police department conducted a study that resulted in no secondary impact from adult entertainment. He stated that the Lansing, Michigan survey also found no evidence of harm. Mr. McLaughlin remarked that Rachel's Adult Entertainment had six accusations of prostitutions within a six-month period. He stated that there was no evidence that the six accusations led to charges. He stated the City's evidence Binders was shoddy material and he submitted his final volume for the record. City of Cape Canaveral, Florida City Council Regular Meeting July 20, 2004 Page 6 of 9 Mr. Leo Nicholas, Planning and Zoning Board and Beautification Board Chairperson asked why the Attorney or his expert consultant provided no specific changes to the correct or amend the draft ordinance. Mr. Nicholas said that this is a public hearing and a forum to make those corrections or amendments. Ms. Shannon Roberts, 703 Solana Shores, Apt. 501, Cape Canaveral, expressed that the Council, City Attorney and City Manager had the best interest of the community in mind with the proposed ordinance and expressed her favor. Mr. Dan Kuntz, 8002 Poinsetta Avenue spoke in favor of the ordinance regardless of the Annexation issue. Mayor Randels expressed that he felt support from the Cape Canaveral residents on this ordinance and he expressed that the ordinance was not intended to restrict any First Amendment rights. Mr. Boucher asked one final time if there were any specific amendments to the ordinance and if not for the Mayor to close the public comment portion of this discussion. There was no further public comment; therefore, Mayor Randels closed the public comment period. Attorney Garganese thanked Mr. McLaughlin for the material he submitted. He remarked on the Rachel's issue and he introduced for the record 16 plea agreements and he recounted some of the charges to the pleas as: conspiracy to commit racketeering, sale or delivery of drugs, prostitution, exposing of anatomical areas, public nudity and possession of cannabis. He stated that there were arrests and guilty pleas. Secondly, Attorney Garganese stated that the only way to disprove that the charges were innocuous, as Mr. McLaughlin would have the Council to believe, was to view excerpts of the undercover video in the Rachel's investigation that was presented in the license revocation hearing. Attorney Garganese warned the audience that the video contained sexually explicit material. Council members requested not to view the video or to subject the audience to any embarrassment. Council admitted the video as part of the public record. Attorney Garganese stated that Mr. McLaughlin had testified on behalf of many Adult Entertainment establishments. He introduced into the record ten cases from Westlaw where Mr. McLaughlin's testimony carried in two cases; however, in eight cases his testimony was found invalid in whole or in part. Mr. McLaughlin replied that in the case of Worldwide Video v. Spokane the Circuit Court found his expertise suitable. In the Stringfellows case, he stated that his points were approved to be law and the case did not relate to predicate but to alternative avenues. He stated that his track record is greater than Attorney Garganese represents. Attorney Garganese introduced into the record, the City of Cocoa Beach's Adult Entertainment ordinance that is substantially similar to Cape Canaveral's. He concluded by stating that the City is attempting to amend its existing Adult Entertainment ordinance and restated that the ordinance was properly advertised as the Mayor noted. A motion was made by Mayor Pro Tem Hoog and seconded by Mr. Miller to Adopt Ordinance No. 13-2004 at second reading. A vote on the motion carried 5-0 with voting as follows: Mayor Pro Tem Hoog, For; Mr. Miller, For; Mr. Morgan, For; Mayor Randels, For and Mr. Treverton, For. City of Cape Canaveral, Florida City Council Regular Meeting July 20, 2004 Page 7 of 9 ORDINANCES: First Public Hearing: 7. Motion to Approve: Ordinance No. 14-2004; Annexation of the Avon -By - The -Sea Area, at first Reading. Mayor Randels read Ordinance No. 14-2004 by title. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, FLORIDA, PROPOSING TO ANNEX REAL PROPERTY GENERALLY LOCATED FROM GRANT AVENUE TO YOUNG AVENUE AND STATE ROAD AIA TO THE ATLANTIC OCEAN, AND OTHERWISE KNOW AS WINSLOW BEACH OR THE UNINCORPORATED AREA LYING BETWEEN THE CITIES OF CAPE CANAVERAL AND COCOA BEACH ALL OF WHICH IS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A'; PROVIDING FOR THIS ORDINANCE TO BE SUBMITTED TO A VOTE OF THE REGISTERED ELECTORS OF THE AREA PROPOSED TO BE ANNEXED AND TO A SEPARATE VOTE OF THE REGISTERED ELECTORS OF THE CITY OF CAPE CANAVERAL; PROVIDING FOR THE AMENDMENT OF THE CAPE CANAVERAL CHARTER, ARTICLE I, SECTION 2, TO INCORPORATE THE SUBJECT REAL PROPERTY INTO THE CITY BOUNDARIES IF THE ANNEXATION IS APPROVED BY MAJORITY VOTE OF BOTH SETS OF REGISTERED ELECTORS AT A DULY HELD REFERENDUM; PROVIDING FOR THE FILING OF THE REVISED CAPE CANAVERAL CHARTER WITH THE DEPARTMENT OF STATE UPON SAID APPROVAL; PROVIDING FOR REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS, SEVERABILITY, AND FOR A CONTINGENT EFFECTIVE DATE. Mr. Boucher clarified that the name of the area would include Avon -by -the -Sea as well as the Winslow Beach Area in the title. Attorney Garganese stated that the title was amended due to public input. Ms. Delores Trovillion, 311 Lincoln Avenue had questions on sewer drain piping, how drains would be addressed if Avon were annexed and how much this would cost the City. Mr. Gardulski displayed a map that depicted City outfalls. Ms. Trovillion asked if a sewer drain pipeline would be installed on Ridgewood Avenue and asked why Cape Canaveral were annexing when these problems exist. Ms. Dorothea Massey restated the question of why the City was not addressing its problems first. Mayor Randels replied that funding is set aside to address storm water issues. He stated that the residents of Cape Canaveral and Avon -by -the -Sea both have the opportunity to choose annexation. Mayor Pro Tem Hoog requested to have the Public Works Director explain the storm water system plan. Mr. Gardulski explained that the problem is an elevation as well as a pipe issue of which he is aware. He stated that at this time he had no answer; however, a solution is still ongoing. Mayor Randels replied to an Avon resident's question that the ordinance is to place the annexation issue on the ballot and one more Public Hearing would follow due to the changes made to the title. The City would submit language for the ballot on September 3`d Mr. Byrd Gray of 407 Hayes Avenue asked who would maintain the streets once Avon - by -the -Sea is annexed. Mr. Boucher replied the City would maintain all streets except Ridgewood Avenue. Mrs. Gray asked if Avon -by -the -Sea residents would receive input on the pros and cons of annexation into the City of Cape Canaveral. Mr. Boucher replied that once the ordinance is adopted, the City could hold education sessions. Mr. Byrd asked why the Council would desire to annex. Mayor Randels replied that City of Cape Canaveral, Florida City Council Regular Meeting July 20, 2004 Page 8 of 9 residents from Avon -by -the -Sea approached the City regarding the benefits of annexation. Mrs. Byrd asked if the comparative chart would display the benefits of annexing either to Cape Canaveral or Cocoa Beach. Mr. Boucher replied that the City of Cocoa Beach is not pursing the annexation of Avon -by -the -Sea at this time. Mayor Randels explained that Avon residents pursued the opportunity to investigate the feasibility of annexation. A motion was made by Mayor Pro Tem Hoog and seconded by Mr. Treverton to Approve Ordinance No. 14-2004 at first reading. A vote on the motion carried 5-0 with voting as follows: Mayor Pro Tem Hoog, For; Mr. Miller, For; Mr. Morgan, For; Mayor Randels, For and Mr. Treverton, For. 8. Proposed Brevard County Educational Facilities Impact Fee Ordinance. Mayor Randels stated that the purpose is to ensure that new construction has available funding for new schools. Mr. Treverton noted a substantial increase in the amount of funding. Mr. Morgan remarked that Ms. Fowler's presentation stated that there was more than adequate funding for Brevard County schools. Mayor Pro Tem Hoog expressed that the School Board needed to show better fiscal accountability. Mr. Boucher replied that the impact fee is a County fee. Mayor Pro Tem Hoog and Mr. Morgan expressed their disfavor with the impact fee. Mayor Randels concluded that the Council was not in support of the proposed fee and the City Manager would convey their decision not to support the Impact Fee to the County. REPORTS: City Manager Mr. Boucher thanked Council and staff with their assistance with the Portuguese Sister City visit. The group was impressed with the City overall and the Mayor was extended a reciprocal invitation to visit. Mr. Boucher noted that incentives were proposed during the Budget Workshop toward retrofitting older properties in order to retain stormwater. Staff Public Works Director • No report. Building Official • Mr. Morley reported that Daley Environmental has begun their study on the proposed new public facility on Center Street. Results are forthcoming. City Clerk 0 No report. City of Cape Canaveral, Florida City Council Regular Meeting July 20, 2004 Page 9 of 9 City Attorney • No report. AUDIENCE TO BE HEARD: A resident of Avon -by -the -Sea inquired who the people were of which the Mayor spoke who approached the City on annexation. He found out about the annexation issue through an article in the newspaper. The resident related that Mr. Deroescher did not relate the actual number of residents who preferred to remain in Avon -by -the -Sea. • Ms. Shannon Roberts reported that fireworks were still being discharged north in the Jetty area. She related the feedback that she encountered on notifying local Law Enforcement. Mr. Boucher replied that public access is limited in order for law enforcement to cite the violators. • Ms. Roberts asked about the status of the decorative lighting on North Atlantic Avenue. Mr. Boucher replied that the project is in progress with Florida Power and Light. • Ms. Roberts also asked if the Sea Turtles are protected from dune lighting. Mr. Morley replied that the City and County Code Enforcement officers walk the dune line one per month to address the issue. Mr. Jim Hale expressed an improved condition of fireworks debris found on the beach after the Independence Day holiday. Mr. Leo Nicholas, Chairperson of the Beautification Board, expressed that the Board preferred to see the City complex area remain intact. He related that the Board proposed eminent domain of adjacent properties in order to preserve the municipal complex. City Council No reports. There being no further business, the Chair adjourned the meeting at 9:30 P.M. Rocky Randels, MAYOR Susan Stills, CITY CLERK Meeting Type: Regular Meeting Date: 08-03-04 AGENDA Heading CONSENT Item 2 No. Parcel Number 24-37-14-01-00000.00-0012.00 and Adjoining Parcel ORB 1879 PG27 AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: CONSENT: HARBOR HEIGHTS EASEMENT AGREEMENTS DEPT./DIVISION: PUBLIC WORKS Requested Action: City Council consider approval of ten (20') wide public utility easements along the south side of the Harbor Heights Subdivision as recommended by the public works director and the Planning & Zoning Board. Summary Explanation & Background: The easements will be located in the following ten parcels: Harbor Heights Subdivision Plat 2nd Addition Easement Agreements Parcel Number 24-37-14-01-00000.00-0012.00 and Adjoining Parcel ORB 1879 PG27 Parcel Number 24-37-14-01-00000.00-0013.00 and Adjoining Parcel ORB 4372 PG 3333 Parcel Number 24-37-14-01-00000.00-0014.00 and Adjoining Parcel ORB 1893 PG 1017 Parcel Number 24-37-14-01-00000.00-0016.00 and Adjoining Parcel ORB 1880 PG 453 Parcel Number 24-37-14-01-00000.00-0017.00 and Adjoining Parcel ORB1874 PG 1010 Parcel Number 24-37-14-01-00000.00-0019.00 and Adjoining Parcel ORB 1890 PG 851 Parcel Number 24-37-14-01-00000.00-0020.00 and Adjoining Parcel ORB 1982 PG 614 Parcel Number 24-37-14-01-00000.00-0021.00 and Adjoining Parcel ORB 1908 PG 638 Parcel Number 24-37-14-01-00000.00-0022.00 and Adjoining Parcel ORB 1906 PG 25 Parcel Number 24-37-14-01-00000.00-0024.00 and Adjoining Parcel ORB 1877 PG 939 I recommend approval. Exhibits Attached: P&Z/Public Works Director's memos and related easement agreements City Mana Office Department PUBLIC WORKS �Irtrlcim\mydoc me admin\council\meeting\2004\08-03-04\harborhts.doc Date: July 19, 2004 To: Bennett Boucher, City Manager Susan Stills, City Clerk From: Bea McNeely, Chairperson of the Planning & Zoning Board Re: Easement Agreements - Harbor Heights Subdivision - 2nd Addition Parcel Number 24-37-14-01-00000.00-0012.00 and Adjoining Parcel ORB 1879 PG 27 Parcel Number 24-37-14-01-00000.00-0013.00 and Adjoining Parcel ORB 4372 PG 3333 Parcel Number 24-37-14-01-00000.00-0014.00 and Adjoining Parcel ORB 1893 PG 1017 Parcel Number 24-37-14-01-00000.00-0016.00 and Adjoining Parcel ORB 1880 PG 453 Parcel Number 24-37-14-01-00000.00-0017.00 and Adjoining Parcel ORB 1874 PG 1010 Parcel Number 24-37-14-01-00000.00-0019.00 and Adjoining Parcel ORB 1890 PG 851 Parcel Number 24-37-14-01-00000.00-0020.00 and Adjoining Parcel ORB 1982 PG 614 Parcel Number 24-37-14-01-00000.00-0021.00 and Adjoining Parcel ORB 1908 PG 638 Parcel Number 24-37-14-01-00000.00-0022.00 and Adjoining Parcel ORB 1906 PG 25 Parcel Number 24-37-14-01-00000.00-0024.00 and Adjoining Parcel ORB 1877 PG 939 ------------------------------------------------------------------------------------------------------------ The Planning & Zoning Board reviewed the above referenced easement agreements at the meeting held on July 14, 2004 and unanimously recommended approval to City Council. Please schedule this item on an upcoming meeting agenda. MEMORANDUM TO: Bennett Boucher City Manager FROM: Ed Gardulski Public Works Director DATE: July 15, 2004 RE: City Council Agenda Item for July 20th, 2004 Harbor Heights Subdivision Plat 2nd Addition Easement Agreements Parcel Number 24-37-14-01-00000.00-0012.00 and Adjoining Parcel ORB 1879 PG 27 Parcel Number 24-37-14-01-00000.00-0013.00 and Adjoining Parcel ORB 4372 PG 3333 Parcel Number 24-37-14-01-00000.00-0014.00 and Adjoining Parcel ORB 1893 PG 1017 Parcel Number 24-37-14-01-00000.00-0016.00 and Adjoining Parcel ORB 1880 PG 453 Parcel Number 24-37-14-01-00000.00-0017.00 and Adjoining Parcel ORB 1874 PG 1010 Parcel Number 24-37-14-01-00000.00-0019.00 and Adjoining Parcel ORB 1890 PG 851 Parcel Number 24-37-14-01-00000.00-0020.00 and Adjoining Parcel ORB 1982 PG 614 Parcel Number 24-37-14-01-00000.00-0021.00 and Adjoining Parcel ORB 1908 PG 638 Parcel Number 24-37-14-01-00000.00-0022.00 and Adjoining Parcel ORB 1906 PG 25 Throughout the year, the City of Cape Canaveral is required to obtain easements for property owners to perform City projects. For example, the City is required to obtain an easement to construct a public sidewalk, sewer lines, reuse water lines, stormwater line and landscaping to name a few. These easements are solicited by the City of Cape Canaveral and are in the City's best interest. According to Article I. IN GENERAL, Sec. 110-1, of the city code, Easement means a right-of-way granted for limited use of private property for a public or quasi -public purpose. Within Sec. 110-477 requires that "no purported dedication of an easement to the city shall be effective until it is accepted by City Council, after review and recommendation from the planning and zoning board." Attached are contiguous agreements for a twenty -20 foot wide easement along the south - side of Harbor Height Subdivision, Second Addition. The 20 foot parcel between Harbor Heights and Ocean Woods that is now part of Harbor Heights shall be retained as an utility easement. This easement is needed to remove any clouds that may present in regards to the existing utilities in placed. In addition, this easement agreement will vacation the 10 foot wide easement noted for lots 12,13, 14,16, 17, 19, 20, 21 and 22 of the Harbor Height 2"a- Addition recorded Plat Book 15, Page 80. The Public Works Director supports the vacation of this original 10' easement for the above stated lots only. The property owners for Lots 18, 23 and 24 did not agree with this Easement Agreement. The Planning and Zoning Board approved these Easement Agreements at their regular scheduled meeting of July 14'h 2004. After approval of these Easement Agreements, the instruments shall be recorded in public records. Recommend the approval the above stated Easement Agreements. Attachments Prepared by and return to: Ed Gardulski, Director, Public Works City of Cape Canaveral 105 Polk Avenue Cape Canaveral, Florida 32920 (321) 868-1240 EASEMENT `1 014 - THIS EASEMENT is made this 7 day of 2003' by Raymond R. Kauffman, whose address is 249 Harbor Drive, Cape Canaveral, Florida 920, to ated in Brevard County, Florida ("Grantor"), in favor of the City of Cape Canaveral, a Florida municipality, whose address is 105 Polk Avenue, Cape Canaveral, Florida, 32920, located in Brevard County, Florida ("Grantee"): WITNESSETH WHEREAS, Grantor is the fee simple owner of certain real property located within the City of Cape Canaveral, Florida, on which the Grantee desires to acquire a utility easement for the purposes described herein; and WHEREAS, under the terms and conditions stated herein, the Grantor desires to convey a utility easement to Grantee for the purposes stated in Section 3 herein. NOW, THEREFORE, in consideration of the sum of One Dollar ($1.00) and other good and valuable considerations, receipt of which is hereby acknowledged, the Grantor hereby agrees as follows: Section 1. Incorporation of Recitals. The foregoing recitals are hereby incorporated herein by this reference. Section 2. Grant of Easement. Grantor hereby voluntarily grants, sells and conveys unto the Grantee, its successors and assigns, an easement along, under, over and across certain real property located in Brevard County, Florida, more particularlydescribed on Exhibit "A," which is attached hereto and fully incorporated herein by this reference. (Parcel ID 24-37-14-01-00000.0-0012.00 and Adjoining Parcel per ORB 1879 PG 27) Section 3. Purpose of Easement. The purpose of the Easement granted herein is more specifically set forth as follows: a. The perpetual right of the Grantee or its designee or franchisee to construct, install, operate, maintain, repair, replace and remove utility systems including potable water, sewer, reclaimed water, storm water drainage, lines or pipes, and other utilities such as electric, gas and communication lines, and the right to transmit and convey utilities through and under said property, together with the right to excavate and refill ditches and trenches for the placement of such lines or pipes within the described Easement. b. The purpose of this Easement is to provide for installation by Grantee and its public utility designees and franchisees of public improvements as set forth in Paragraph I hereinabove to serve the general public, and no neighboring landowners or others shall have any rights hereunder except as may be expressly provided herein such as the right to have ingress and egress to and from Grantor's lands over the easement area. c. Grantee and/or public utility designees and franchisees in constructing, maintaining, repairing, replacing or otherwise using the easement area shall not at any time totally block ingress into or egress from Grantor's remaining lands or unreasonably interfere with the ability of Grantor or its heirs, administrator, successors and assigns to conduct business. d. This easement shall be non-exclusive and subject to the right of Grantor and its heirs, successors, administrators and assigns to use the easement area for permitted purposes not inconsistent with the uses of the Grantee and Grantee's public utility designee of franchisee, including but not limited to Grantor placing items within the easement area and allowing Grantor and others to lawfully cross said easement area. Page 1 of 2 e. This easement shall replace a vacated 10 -foot rear line utility easement in the Harbor Height Subdivision Plat Second Addition, Book 0015 Page 0080, Lot 12. TO HAVE AND TO HOLD the same unto said Grantee and its successors and assigns, together with the right to enter upon said lands and to construct and maintain public uses thereon, with all such fills, cuts, drains, pipelines, ditches and other incidents which said Grantee may deem necessary or convenient in connection therewith. It is expressly understood and agreed that the terms, covenants and conditions of this Easement shall be and constitute covenants running with and binding upon the premises herein above described and shall constitute an obligation of said premises regardless of title of ownership thereof and regardless of any future change which may take place therein. IN WITNESS WHEREOF, the Grantors have hereunto set their hands and seals on the day and year first above written. Signed in the presence of: i STATE OF FLORIDA COUNTY OF BREVARD C�1:7\i•(f ���:7i RAY ND R. KAUFFMAN �171cIV I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State and County of esaid to take acknowledgments, pers nally appeared Raymond R. Kauffman, 0 to me known personally or o produced as identification, to be the person described in and who executed the foregoing instrument and he acknowledged before me that he executed the same for the purposes set forth herein, and he did not swear an oath. WITNESS my hand and official seal in the State and County last aforesaid this '?4dayofu4 200(Notary Seal) NOI My Commission Expires: OFFICIAL NOTARY SEAL Y PU0, CATHY ANN HAROY Z sl f C� � Awl" Q COMMISSION NUMBER DD121596 COMMISSION EXPIRES `cOF F -O JUNE 52006 Page 2 of 2 BgEVARr That portion of the following described parcel of land lying south of and adjacent tr&ueTr Lot 12 and bounded by the southerly extension of the east and west lines thereof, CT 5 1 Harbor Heights, Second Addition according to the Plat thereof as recorded in Plat Book 15 at page 80 of the Public Records of Brevard County, Florida as said lot is physically occupied and monumented:. A portion of Section 14, Township 24 South, Range 37 East, Brevard County, Florida more particularly described as follows: r �d IO Begin at the southwest corner of Lot 1 of HARBOR HEIGHTS ac<.or4ing to the plgt, thereof as recorded in Plat Book 13 at Page 99 of the Public Records of Brevard N_ Iy County, Florida, said point also being on the East 1?rte of that parcel of land derib in Official Records Book 246 at Page 116 of the Public Records of Brevard County, Florida as said corner and line are physically occupied and monumented; Thence S —71 —1 89052'18" E, along the South line of said HARBOR HEIGHTS and the South line of HARB6R C HEIGHTS SECOND ADDITION and HARBOR HEIGHTS THIRD ADDITION, according to the plats P thereof recorded in Plat Book 15 at Pages 80 and 81, respectively, of the Public `"'� - Records of Brevard County, Florida, as said South line is physically occupied and; monumented, for a distance of 2363.17 feet to the Southeast corner of Lot 31 of sIA11,1!1111 HAR3OM HEIGHTS THIRD ADDITION; Thence S 00007'42" W, for a distance of 20.00 feet; Thence N 89052'18" W, along a line 20.00 feet South of as measured at right angles to and parallel with the South line of said HARBOR HEIGHTS, HARBOR HEIGHTS SECOND ADDITION and HARBOR HEIGHTS THIRD ADDITION as said South line is physically occupied and nonumented, for a distance of 2362.28 feet to the East line of that parcel of land as described in aa -id Official Records Book 246 at Page 116, as said East line is physically occupied and monumented, Thence H (12026'04" W, along said East line as physically occupied and monumented, for a distance of 20.02 feet to the Point of Beginning; Containing 1.08'5 acres more or less; EXHIBIT "A" Prepared by and return to: Ed Gardulski, Director, Public Works City of Cape Canaveral 105 Polk Avenue Cape Canaveral, Florida 32920 (321)868-1240 EASEMENT THIS EASEMENT is made this -day of , 2004 by Richard B. Jensen and Joann Jensen, whose address is 253 Harbor Drive, Cape C veral, Flor a 32920, located in Brevard County, Florida ("Grantor"), in favor of the City of Cape Canaveral, a Florida municipality, whose address is 105 Polk Avenue, Cape Canaveral, Florida, 32920, located in Brevard County, Florida ("Grantee"): WITNESSETH WHEREAS, Grantor is the fee simple owner of certain real property located within the City of Cape Canaveral, Florida, on which the Grantee desires to acquire a utility easement for the purposes described herein; and WHEREAS, under the terms and conditions stated herein, the Grantor desires to convey a utility easement to Grantee for the purposes stated in Section 3 herein. NOW, THEREFORE, in consideration of the sum of One Dollar ($1.00) and other good and valuable considerations, receipt of which is hereby acknowledged, the Grantor hereby agrees as follows: Section 1. Incorporation of Recitals. The foregoing recitals are hereby incorporated herein by this reference. Section 2. Grant of Easement. Grantor hereby voluntarily grants, sells and conveys unto the Grantee, its successors and assigns, an easement along, under, over and across certain real property located in Brevard County, Florida, more particularly described on Exhibit "A," which is attached hereto and fully incorporated herein by this reference. (Parcel ID 24-37-14-01-00000.0-0013.00 and pt NE 1/ of NW 1/ per ORB 4372 PG 3333) Section 3. Purpose of Easement. The purpose of the Easement granted herein is more specifically set forth as follows: a. The perpetual right of the Grantee or its designee or franchisee to construct, install, operate, maintain, repair, replace and remove utility systems including potable water, sewer, reclaimed water, storm water drainage, lines or pipes, and other utilities such as electric, gas and communication lines, and the right to transmit and convey utilities through and under said property, together with the right to excavate and refill ditches and trenches for the placement of such lines or pipes within the described Easement. b. The purpose of this Easement is to provide for installation by Grantee and its public utility designees and franchisees of public improvements as set forth in Paragraph 1 hereinabove to serve the general public, and no neighboring landowners or others shall have any rights hereunder except as may be expressly provided herein such as the right to have ingress and egress to and from Grantor's lands over the easement area. c. Grantee and/or public utility designees and franchisees in constructing, maintaining, repairing, replacing or otherwise using the easement area shall not at any time totally block ingress into or egress from Grantor's remaining lands or unreasonably interfere with the ability of Grantor or its heirs, administrator, successors and assigns to conduct business. d. This easement shall be non-exclusive and subject to the right of Grantor and its heirs, successors, administrators and assigns to use the easement area for permitted purposes not inconsistent with the uses of the Grantee and Grantee's public utility designee of franchisee, including but not limited to Grantor placing items within the easement area and allowing Grantor and others to lawfully cross said easement area. Page I of 2 e. This easement shall replace a vacated 10 -foot rear line utility easement in the Harbor Height Subdivision Plat Second Addition, Book 0015 Page 0080, Lot 13. TO HAVE AND TO HOLD the same unto said Grantee and its successors and assigns, together with the right to enter upon said lands and to construct and maintain public uses thereon, with all such fills, cuts, drains, pipelines, ditches and other incidents which said Grantee may deem necessary or convenient in connection therewith. It is expressly understood and agreed that the terms, covenants and conditions of this Easement shall be and constitute covenants running with and binding upon the premises herein above described and shall constitute an obligation of said premises regardless of title of ownership thereof and regardless of any future change which may take place therein. IN WITNESS WHEREOF, the Grantors have hereunto set their hands and seals on the day and year first above written. Signed in the presence of: GRANTOR: RICHARD B. JEN N AN DENSE STATE OF FLORIDA COUNTY OF BREVARD I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State and County aforesaid to take acknowledgments, personally appeared Richard B. Jensen to me known personally or who produced as identification, to be the person described in and who executed the foregoing instrument and he acknowledged before me that he executed the same for the purposes set forth herein, and he did not swear an oath. WITNESS my hand and official seal in the State and County last aforesaid this day of '2004 (Notary Seal) STATE OF FLORIDA COUNTY OF BREVARD MARIANNE T. HUST€)N NOTARY PUBW - STATE OF FLORIDA COMMISSION # DD276347 EXPIRES IMZ2007 BONDED THRU 1.888&NOTARVt NOTARY PUBLIC My Commission Expires: I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State and County aforesaid to take acknowledgments, personally appeared JoAnn Jensen to me kUQ-wn nc sonal yr or who produced as identification, to be the person described in and who executed the foregoing instrument and she acknowledged before me that she executed the same for the purposes set forth herein, and she did not swear an oath. -L+t:1 WITNESS my hand and official seal in the State and County last aforesaid this --E day of 200# (Notary Seal) /e'Q-C �[e��/ NOTARY PUBLIC My Commission Expires: Page 2 of 2 I *AN 1 ;IkA" Lot 13, HARBOR HEIGHTS, SECOND ADDITION, according to the plat thereof as recorded In Plat Book 15, Page:80, Public Records, Brevard County, Florida. Together with that portion of the following described parcel of land lying south of and adjacent to Lot 13 and bounded by the southerly extension of the east and west lines thereof of Harbor Heights, Second Addition according to the Plat thereof as recorded in Plat Book 15 at page 80 of the Public Records of Brevard County, Florida as said lot Is physically occupied and monumented: A portion of Section 14, Township 24 South, Range 37 East, Brevard County, Florida more particularly described as follows: Begin at the southwest corner, of Lot 1 of HARBOR HEIGHTS according to the plat thereof as recorded in Plat Book 13 at Page 99 of the Public Records of Brevard i County, Florida, said point also being on the East line of that parcel of land described In Official Records Book 246 at Page 116 of the Public Records of Brevard County, Florida as said corner and line are physically occupied and monumented; Thence S 89052'18" E, along the South line of said HARBOR HEIGHTS and the South line of HARBOR HEIGHTS SECOND ADDITION and HARBOR HEIGHTS THIRD ADDITION, according to the plats thereof recorded In Plat Book 15 at Pages 80 and 81, respectively, of the Public Records of Brevard County, Florida, as said South line Is physically occupied and monumented, for a distance of 2363.17 feet to the Southeast corner of Lot 31 of said HARBOR HEIGHTS THIRD ADDITION; Thence S OW07142' W, for a distance of 20.00 feet; Thence N 89°52'18" W, along a line 20.00 feet South of as measured at right angles to and parallel with the South line of said HARBOR HEIGHTS, HARBOR HEIGHTS SECOND ADDITION and HARBOR HEIGHTS THIRD ADDITION as said South line is physically occupied and monumented, for a distance of 2362.28 feet to the East line of that parcel of land as described in said Official Records Book 246 at Page 116, as said East line Is physically occupied and monumented, Thence N 02026'04" W, along said East line as physically occupied and monumented, for a distance of 20.02 feet to the Point of Beginning; Prepared by and return to: Ed Gardulski, Director, Public Works City of Cape Canaveral 105 Polk Avenue Cape Canaveral, Florida 32920 (321)868-1240 EASEMENT q THIS EASEMENT is made this �y day of JL,,;kA- . y 200�/by James F. Makofske and Marion Makofske, whose address is 8750 Coquina Drive, Cape Canaveral, Florida 32920, located in Brevard County, Florida ("Grantor"), in favor of the City of Cape Canaveral, a Florida municipality, whose address is 105 Polk Avenue, Cape Canaveral, Florida, 32920, located in Brevard County, Florida ("Grantee"): WITNESSETH WHEREAS, Grantor is the fee simple owner of certain real property located within the City of Cape Canaveral, Florida, on which the Grantee desires to acquire a utility easement for the purposes described herein; and WHEREAS, under the terms and conditions stated herein, the Grantor desires to convey a utility easement to Grantee for the purposes stated in Section 3 herein. NOW, THEREFORE, in consideration of the sum of One Dollar ($1.00) and other good and valuable considerations, receipt of which is hereby acknowledged, the Grantor hereby agrees as follows: Section 1. Incorporation of Recitals. The foregoing recitals are hereby incorporated herein by this reference. Section 2. Grant of Easement. Grantor hereby voluntarily grants, sells and conveys unto the Grantee, its successors and assigns, an easement along, under, over and across certain real property located in Brevard County, Florida, more particularly described on Exhibit "A," which is attached hereto and fully incorporated herein by this reference. (Parcel ID 24-37-14-01-00000.0-0014.00 and adjacent parcel on south per ORB 1893 PG 1017) Section 3. Purpose of Easement. The purpose of the Easement granted herein is more specifically set forth as follows: a. The perpetual right of the Grantee or its designee or franchisee to construct, install, operate, maintain, repair, replace and remove utility systems including potable water, sewer, reclaimed water, storm water drainage, lines or pipes, and other utilities such as electric, gas and communication lines, and the right to transmit and convey utilities through and under said property, together with the right to excavate and refill ditches and trenches for the placement of such lines or pipes within the described Easement. b. The purpose of this Easement is to provide for installation by Grantee and its public utility designees and franchisees of public improvements as set forth in Paragraph 1 hereinabove to serve the general public, and no neighboring landowners or others shall have any rights hereunder except as may be expressly provided herein such as the right to have ingress and egress to and from Grantor's lands over the easement area. c. Grantee and/or public utility designees and franchisees in constructing, maintaining, repairing, replacing or otherwise using the easement area shall not at any time totally block ingress into or egress from Grantor's remaining lands or unreasonably interfere with the ability of Grantor or its heirs, administrator, successors and assigns to conduct business. d. This easement shall be non-exclusive and subject to the right of Grantor and its heirs, successors, administrators and assigns to use the easement area for permitted purposes not inconsistent with the uses of the Grantee and Grantee's public utility designee of franchisee, including but not limited to Grantor placing items within the easement area and allowing Grantor and others to lawfully cross said easement area. Page 1 of 2 e. This easement shall replace a vacated 10 -foot rear line utility easement in the Harbor Height Subdivision Plat Second Addition, Book 0015 Page 0080, Lot 14. TO HAVE AND TO HOLD the same unto said Grantee and its successors and assigns, together with the right to enter upon said lands and to construct and maintain public uses thereon, with all such fills, cuts, drains, pipelines, ditches and other incidents which said Grantee may deem necessary or convenient in connection therewith. It is expressly understood and agreed that the terms, covenants and conditions of this Easement shall be and constitute covenants running with and binding upon the premises herein above described and shall constitute an obligation of said premises regardless of title of ownership thereof and regardless of any future change which may take place therein. IN WITNESS WHEREOF, the Grantors have hereunto set their hands and seals on the day and year first above written. Signed in the presence of: GRANTOR: STATE OF FLORIDA COUNTY OF BREVARD JAMES F. MAKOFSKE MARION MAKOFSKE I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State and County aforesaid to take acknowledgments, personally appeared James F. Makofske to me known personally or who produced 0 /)A, ti.+.- L. Cs��� as identification, to be the person described in and who executed the foregoing instrument and he acknowledged before me that he executed the same for the purposes set forth herein, and he did not swear an oath. WITNESS my hand and official seal in the State and County last aforesaid this day of -JO A ul— f 200\ (Notary Seal) ti VIRGINIA S. HAAS NOTARY PUBLIC MY COMMISSION # DD 181049 o= EXPIRES: January 30, 2007 My Commission Expires: °f 4 Bonded Thru Notary ptdic Underwriters STATE OF FLORIDA COUNTY OF BREVARD I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State and County aforesaid to take acknowledgments, personally appeared Marion Makofske to me known personally or who produced ICL , ,,JAjye,4 L. e e,1 m as identification, to be the person described in and who executed the foregoing instrument and she acknowledged before me that she executed the same for the purposes set forth herein, and she did not swear an oath. G &. WITNESS my hand and official seal in the State and County last aforesaid this day of JAM'-1+1Zy , 200X.j (Notary Seal) VIRGINIA S. HAAS MY COMMISSION # DO 181049 ��Ar'N"-'40 s EXPIRES: January 30 2007 %'h' Bonded rhruNotary PublicUnderwriters Page 2 of 2 NOTARY PUBLIC My Commission Expires: EXHIBIT "A" That portion of -he following described parcel of land lying south of and adjacent to Lot 14 and bounded by the southerly extension of the east and west lines thereof of Harbor Heights, Second Addition according to the Plat thereof as recorded in Plat Book 15 at page 80 of the Public Records of Brevard County, Florida as said lot is physically occupied and monumented: r portion of Section 14, Township 24 South, Range 37 East, Brevard County, �^•r' Flo__ua more particularly described as follows: ruin 2 U 7 Begin at the southwest corner of Lot 1 of HARBOR HEIGHTS according to the plat thereof as recorded in Plat Book 13 at Page 99 of the Public Records of Brevard County, Florida, said point also being on the East lane of that parcel of land desl"ri in Official Records Book 246 at Page 116 of the Public Records of Brevard County, ` Florida as said corner and line are physically occupied and monumec_ted; Thence S i 89052'18" E, along the South line of said HARBOR HEIGHTS and the South line of Bok �. HEIGHTS -SECOND ADDITION and HARBOR HEIGHTS THIRD ADDITLON, according to the plats z thereof recorded in Plat Book 15 at Pages 80 and 81, respectively, of the Public a' Records of Brevard County, Florida, as said South line is physically occupied and monumented, for a distance of 2363.17 feet to the Southeast corner of Lot 31 of s�_id j HARBOR HEIGHTS THIRD ADDITION; Thence S 00007'42" W, for a distance of 20.00 feet; eri Thence N 89052'18" W, along a line 20.00 feet South of as measured at right angleE te, and parallel with the South line of ,said HARBOR HEIGHTS, HARBOR HEIGHTS SECOND AD ITAqN �. and HARBOR HEIGHTS THIRD ADDITION as said South line is physically occupied and to monumented, for a distance of 2362.28 feet to the East line of that parcel of lan aE described in said Official Records Book 246 at Page 116, as said East lire is phys' occupied and monumerted, Thence N 02026'04" W, along said East line as physically ��ilfffii occupied and monumented, for a 3istance of 20.02 feet to the Point of Beginning; Containing 1.085 acres more or less. Prepared by and return to: Ed Gardulski, Director, Public Works City of Cape Canaveral 105 Polk Avenue Cape Canaveral, Florida 32920 (321) 868-1240 EASEMENT THIS EASEMENT is made this day of 3POny Mary H. Waller, whose address is 317 Coral Drive, Cape Canaveral, Florida 32920, located in Bre and County, Florida ("Grantor"), in favor of the City of Cape Canaveral, a Florida municipality, whose address is 105 Polk Avenue, Cape Canaveral, Florida, 32920, located in Brevard County, Florida ("Grantee"): WITNESSETH WHEREAS, Grantor is the fee simple owner of certain real property located within the City of Cape Canaveral, Florida, on which the Grantee desires to acquire a utility easement for the purposes described herein; and WHEREAS, under the terms and conditions stated herein, the Grantor desires to convey a utility easement to Grantee for the purposes stated in Section 3 herein. NOW, THEREFORE, in consideration of the sum of One Dollar ($1.00) and other good and valuable considerations, receipt of which is hereby acknowledged, the Grantor hereby agrees as follows: Section 1. Incorporation of Recitals. The foregoing recitals are hereby incorporated herein by this reference. Section 2. Grant of Easement. Grantor hereby voluntarily grants, sells and conveys unto the Grantee, its successors and assigns, an easement along, under, over and across certain real property located in Brevard County, Florida, more particularly described on Exhibit "A," which is attached hereto and fully incorporated herein by this reference. (Parcel ID 24-37-14-01-00000.0-0016.00 and adj parcel on south per ORB 1880 PG 453 ) Section 3. Purpose of Easement. The purpose of the Easement granted herein is more specifically set forth as follows: a. The perpetual right of the Grantee or its designee or franchisee to construct, install, operate, maintain, repair, replace and remove utility systems including potable water, sewer, reclaimed water, storm water drainage, lines or pipes, and other utilities such as electric, gas and communication lines, and the right to transmit and convey utilities through and under said property, together with the right to excavate and refill ditches and trenches for the placement of such lines or pipes within the described Easement. b. The purpose of this Easement is to provide for installation by Grantee and its public utility designees and franchisees of public improvements as set forth in Paragraph 1 hereinabove to serve the general public, and no neighboring landowners or others shall have any rights hereunder except as may be expressly provided herein such as the right to have ingress and egress to and from Grantor's lands over the easement area. c. Grantee and/or public utility designees and franchisees in constructing, maintaining, repairing, replacing or otherwise using the easement area shall not at any time totally block ingress into or egress from Grantor's remaining lands or unreasonably interfere with the ability of Grantor or its heirs, administrator, successors and assigns to conduct business. d. This easement shall be non-exclusive and subject to the right of Grantor and its heirs, successors, administrators and assigns to use the easement area for permitted purposes not inconsistent with the uses of the Grantee and Grantee's public utility designee of franchisee, including but not limited to Grantor placing items within the easement area and allowing Grantor and others to lawfully cross said easement area. Page 1 of 2 e. This easement shall replace a vacated 10 -foot rear line utility easement in the Harbor Height Subdivision Plat Second Addition, Book 0015 Page 0080, Lot 16. TO HAVE AND TO HOLD the same unto said Grantee and its successors and assigns, together with the right to enter upon said lands and to construct and maintain public uses thereon, with all such fills, cuts, drains, pipelines, ditches and other incidents which said Grantee may deem necessary or convenient in connection therewith. It is expressly understood and agreed that the terms, covenants and conditions of this Easement shall be and constitute covenants running with and binding upon the premises herein above described and shall constitute an obligation of said premises regardless of title of ownership thereof and regardless of any future change which may take place therein. IN WITNESS WHEREOF, the Grantors have hereunto set their hands and seals on the day and year first above written. Signed in the presence of: STATE OF FLORIDA COUNTY OF BREVARD GRANTOR: MARY H. OLLER I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State and County aforesaid to take acknowledgments, personally appeared Mary H. Waller to me known personally or who produced �%q, nvLeYJ" L; ,map as identification, to be the person described in and who executed the foregoing instrument and he acknowledged before me that he executed the same for the purposes set forth herein, and he did not swear an oath. WITNESS my hand and official seal in the State and County last aforesaid this day of 1%11U J- 2663. if (Notary Seal)64 NOTARY -Y PU LIC % EFF�C1AL' T- My Commission Expires: CATHY ANN HARDYCOMMISSION NUMBER DD121596Y COMMISSION EXPIRESJUNE 5 Page 2 of 2 EXHIBIT "A" That portion of the following described parcel of land lying south of and adjace��}}t t$ c Lot 16 and bounded by the southerly extension of the east and west lines theredfdof 8a Harbor Heights, Second Addition according to the Plat thereof as recorded in Pla IIIIIIIIim Book 15 at page 80 of the Public Records of Brevard County, Florida as said lot .-'' physically occupied and monumented: till� a I? s A portion of Section J4, Township 24 South, Range 37 East, Brevard County, K Z Florida more particularly described as follows; d F;D ( z. Begin at the southwest corner of Lot 1 of HARBOR HEIGHTS according to the p yf thereof as recorded in Plat Book 13 at Page 99 of the Public Records of Brevard County, Florida, said point also being on the East line of that parcel of land d`$d, in Official Records Book 246 at Page 116 of the Public Records of Brevard County Florida as said corner and line are physically occupied and monumented; Thence S o 89°52'18" E, along the South line of said HARBOR HEIGHTS and the South line of HEIGHTS SECOND ADDITION and HARBOR HEIGHTS THIRD ADDITION, according to the plat w v thereof recorded in Plat Book 15 at Pages 80 and 81, respectively, of the Public; =) >< Records of Brevard County, Florida, as said South line is physically occupied and- — ' monumented, for a distance of 2363.17 feet to the Southeast corner of Lot 31 of said HARBOR HEIGgTS THIRD ADDITION; Thence S 00107'42" W, for a distance of 20.00 feet; Thence N 89 52'18" W, along a line 20.00 feet South of as measured at right angles to and parallel with the South line of said HARBOR HEIGHTS, HARBOR IMIGBTS SECOND ADDITION and HARBOR HEIGHTS THIRD ADDITION as said South line is physically occupied and monumented, for a distance of 2362.28 feet to the East line of that parcel of land as described in said Official Records Book 246 at Page 116, as said East line is physically occupied and monumented, Thence N 02026'04" W, along said East line as physically occupied and monumented, for a distance of 20.02 feet to the Point of Beginning; Containing 1.085 acres more or less. Prepared by and return to: Ed Gardulski, Director, Public Works City of Cape Canaveral 105 Polk Avenue Cape Canaveral, Florida 32920 (321)868-1240 EASEMENT x004 THIS EASEMENT is made this 30 day of anyC(t 20V by Babette R. Henkle, whose address is 321 Coral Drive, Cape Canaveral, Florida 32920, locatell in Brevard County, Florida ("Grantor"), in favor of the City of Cape Canaveral, a Florida municipality, whose address is 105 Polk Avenue, Cape Canaveral, Florida, 32920, located in Brevard County, Florida ("Grantee"): WITNESSETH WHEREAS, Grantor is the fee simple owner of certain real property located within the City of Cape Canaveral, Florida, on which the Grantee desires to acquire a utility easement for the purposes described herein; and WHEREAS, under the terms and conditions stated herein, the Grantor desires to convey a utility easement to Grantee for the purposes stated in Section 3 herein. NOW, THEREFORE, in consideration of the sum of One Dollar ($1.00) and other good and valuable considerations, receipt of which is hereby acknowledged, the Grantor hereby agrees as follows: Section 1. Incorporation of Recitals. The foregoing recitals are hereby incorporated herein by this reference. Section 2. Grant of Easement. Grantor hereby voluntarily grants, sells and conveys unto the Grantee, its successors and assigns, an easement along, under, over and across certain real property located in Brevard County, Florida, more particularly described on Exhibit "A," which is attached hereto and fully incorporated herein by this reference. (Parcel ID 24-37-14-01-00000.0-0017.00 and adjoining parcel on south per ORB 1874 PG 1010 ) Section 3. Purpose of Easement. The purpose of the Easement granted herein is more specifically set forth as follows: a. The perpetual right of the Grantee or its designee or franchisee to construct, install, operate, maintain, repair, replace and remove utility systems including potable water, sewer, reclaimed water, storm water drainage, lines or pipes, and other utilities such as electric, gas and communication lines, and the right to transmit and convey utilities through and under said property, together with the right to excavate and refill ditches and trenches for the placement of such lines or pipes within the described Easement. b. The purpose of this Easement is to provide for installation by Grantee and its public utility designees and franchisees of public improvements as set forth in Paragraph 1 hereinabove to serve the general public, and no neighboring landowners or others shall have any rights hereunder except as may be expressly provided herein such as the right to have ingress and egress to and from Grantor's lands over the easement area. c. Grantee and/or public utility designees and franchisees in constructing, maintaining, repairing, replacing or otherwise using the easement area shall not at any time totally block ingress into or egress from Grantor's remaining lands or unreasonably interfere with the ability of Grantor or its heirs, administrator, successors and assigns to conduct business. d. This easement shall be non-exclusive and subject to the right of Grantor and its heirs, successors, administrators and assigns to use the easement area for permitted purposes not inconsistent with the uses of the Grantee and Grantee's public utility designee of franchisee, including but not limited to Grantor placing items within the easement area and allowing Grantor and others to lawfully cross said easement area. Page 1 of 2 e. This easement shall replace a vacated 10 -foot rear line utility easement in the Harbor Height Subdivision Plat Second Addition, Book 0015 Page 0080, Lot 17. TO HAVE AND TO HOLD the same unto said Grantee and its successors and assigns, together with the right to enter upon said lands and to construct and maintain public uses thereon, with all such fills, cuts, drains, pipelines, ditches and other incidents which said Grantee may deem necessary or convenient in connection therewith. It is expressly understood and agreed that the terms, covenants and conditions of this Easement shall be and constitute covenants running with and binding upon the premises herein above described and shall constitute an obligation of said premises regardless of title of ownership thereof and regardless of any future change which may take place therein. IN WITNESS WHEREOF, the Grantors have hereunto set their hands and seals on the day and year first above written. Signed in the presence of. GRANTOR: STATE OF FLORIDA COUNTY OF BREVARD I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State and County aforesaid to take acknowledg ents, personally appeared Babette R. Henkle to me known personally or who produced a/A _ Pyi�� 1`1.cgr5-eas identification, to be the person described in and who executed the foregoing instrument and he acknowledged before me that he executed the same for the purposes set forth herein, and he did not swear an oath. aoolf WITNESS my hand and official seal in the State and County last aforesaid this,30 day of ��L�lc+ 25393: (Notary Seal) NOTARY PUBLIC� My Commission Expires: ,pRY P IAL NOTARY SEAL p Bfe CATHY ANN HARDY n OCOMMISSION NUMBER DD121596 �F f`OQ4� MY COMMISSION EXPIRES JUNE 5 2oo6 Page 2 of 2 EXHIBIT "A." That portion of the following described parcel of land lyinf; south of and adjacent to Lot 17 and bounded by the southerly extension of .the east and west lines thereof of Harbor Heights, Second Addition according to the Plat thereof as recorded in PlaVc�.;,; i Book 15 at page 80 of the Public Records of Brevard County, Florida as said lot is physically occupied and mmunented: %- A portion of Section 14, Townshj_p 24 South, Range 37 Fast, Brevard County; Florida more particu:.arly described as follows: Begin at the southwest corner of Lot 1 of HARBOR HEIGHTS according to th thereof as recorded in Plat Book 13 at Page 99 of the Public Records of Brevaird / County, Florida, said point also being on the East line of that parcel of lands��a in Official Records Book 246 at Page 116 of the Public Records of Brevard CourftP,,;o ) Florida as said corner and line are physically occupied and u" ented; Thence - 89°52'18" E, along the South line of said HARBOR HEIGHTS and the South line of o HEIGHTS SECOND ADDITION and HARBOR HEIGHTS THIRD ADDITION, according tothe p + w c thereof recorded in Plat Book 15 at Pages 80 and 81, respectively, of the Pub 'co C= Records of Brevard County, Florida, as said South line.is physically occupied d7 umumented, for a distance of 2363.17 feet to the Soutlie-ast comer ofLot 3l HARBOR HEIGHTS THIRD ADDITION; Thence S 00007142" W, for a di atance of 20.00 ems, 'Thence N 8952'18" W, along a line 20.00 feet South of as measured at right and parallel with the South Zine of said HARBOR HEIGHTS, HARBOR HEIGHTS FI1 and HA.RBOP. HEIGHTS THIRD ADDTTION a.s said South line is physically occupied and mmumented, for a distance of 2362.28 fee: to the East line of that parcel of land as dese-:ibed in said Official Records Book 246 at Page 116, as said East line is physically occupied and mmunented, Thence N 02°26'04" W, along said East line as physically occupied and nmmented, for a distance of 20.02 feet to the Point of Beginning; Containing 1.085 acres more or less. Prepared by and return to: Ed Gardulski, Director, Public Works City of Cape Canaveral 105 Polk Avenue Cape Canaveral, Florida 32920 (321) 868-1240 EASEMENT oc� THIS EASEMENT is made this day of a2b63-by Bettie H. Stephen, whose address is 333 Coral Drive, Cape Canaveral, Florida 32920, located in Br vard County, Florida ("Grantor"), in favor of the City of Cape Canaveral, a Florida municipality, whose address is 105 Polk Avenue, Cape Canaveral, Florida, 32920, located in Brevard County, Florida ("Grantee"): WITNESSETH WHEREAS, Grantor is the fee simple owner of certain real property located within the City of Cape Canaveral, Florida, on which the Grantee desires to acquire a utility easement for the purposes described herein; and WHEREAS, under the terms and conditions stated herein, the Grantor desires to convey a utility easement to Grantee for the purposes stated in Section 3 herein. NOW, THEREFORE, in consideration of the sum of One Dollar ($1.00) and other good and valuable considerations, receipt of which is hereby acknowledged, the Grantor hereby agrees as follows: Section 1. Incorporation of Recitals. The foregoing recitals are hereby incorporated herein by this reference. Section 2. Grant of Easement. Grantor hereby voluntarily grants, sells and conveys unto the Grantee, its successors and assigns, an easement along, under, over and across certain real property located in Brevard County, Florida, more particularly described on Exhibit "A," which is attached hereto and fully incorporated herein by this reference. (Parcel ID 24-37-14-01-00000.0-0019.00 and adjacent parcel on south per ORB 1890 PG 851 ) Section 3. Purpose of Easement. The purpose of the Easement granted herein is more specifically set forth as follows: a. The perpetual right of the Grantee or its designee or franchisee to construct, install, operate, maintain, repair, replace and remove utility systems including potable water, sewer, reclaimed water, storm water drainage, lines or pipes, and other utilities such as electric, gas and communication lines, and the right to transmit and convey utilities through and under said property, together with the right to excavate and refill ditches and trenches for the placement of such lines or pipes within the described Easement. b. The purpose of this Easement is to provide for installation by Grantee and its public utility designees and franchisees of public improvements as set forth in Paragraph 1 hereinabove to serve the general public, and no neighboring landowners or others shall have any rights hereunder except as may be expressly provided herein such as the right to have ingress and egress to and from Grantor's lands over the easement area. c. Grantee and/or public utility designees and franchisees in constructing, maintaining, repairing, replacing or otherwise using the easement area shall not at any time totally block ingress into or egress from Grantor's remaining lands or unreasonably interfere with the ability of Grantor or its heirs, administrator, successors and assigns to conduct business. d. This easement shall be non-exclusive and subject to the right of Grantor and its heirs, successors, administrators and assigns to use the easement area for permitted purposes not inconsistent with the uses of the Grantee and Grantee's public utility designee of franchisee, including but not limited to Grantor placing items within the easement area and allowing Grantor and others to lawfully cross said easement area. Page 1 of 2 e. This easement shall replace a vacated 10 -foot rear line utility easement in the Harbor Height Subdivision Plat Second Addition, Book 0015 Page 0080, Lot 19. TO HAVE AND TO HOLD the same unto said Grantee and its successors and assigns, together with the right to enter upon said lands and to construct and maintain public uses thereon, with all such fills, cuts, drains, pipelines, ditches and other incidents which said Grantee may deem necessary or convenient in connection therewith. It is expressly understood and agreed that the terms, covenants and conditions of this Easement shall be and constitute covenants running with and binding upon the premises herein above described and shall constitute an obligation of said premises regardless of title of ownership thereof and regardless of any future change which may take place therein. IN WITNESS WHEREOF, the Grantors have hereunto set their hands and seals on the day and year first above written. Signed in the presence of: GRANTOR: /ate� 1✓ Bettie H. Stephen If - STATE OF FLORIDA COUNTY OF BREVARD I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State and County aforesaid to take ack owledgments, personally appeared Bettie H. Stephen to me known personally or who produced o✓ -ds b&fws Z4ca.,,*- as identification, to be the person described in and who executed the foregoing instrument and he acknowledged before me that he executed the same for the purposes set forth herein, and he did not swear an oath. /� a0011 WITNESS my hand and official seal in the State and County last aforesaid this t� day of Z n#ivA 20M. (Notary Seal) �® �P,(2Y PVeOFFICIAL NOTARY SEAL CATHY ANN HARDY NOTARY U LIC G 1� , n My Commission Expires: "^,ISSION NUMBER DD121596 7f_OF FEOQO MY COMMISSION EXP IRE$ JUNE 5 O6 Page 2 of 2 EXHIBIT "A" That portion of the following described parcel of land lying south of and adj � , loot 19 and bounded by the southerly extension of the east and west lines Harbor Heights, Second Addition according to the Plat thereof as recorded in P14'4Z4 Book 15 at page 80 of the Public Records of Brevard County, Florida as said 1Dt physically occupied and mmumented: m T,Dmi A portion of Section 14 Township 24 South, e 37 East, Brevard Coun Po P � i Florida more particularly described as follows. .�'�• �' Begin at the southwest corner of Lot 1 of HAMR. HEIGHTS according to the V'Fat'O thereof as recorded in Plat Book 13 at Page 99 of.the Public Records of Brevardc' 3x County, Florida, said point also being on the East line of that parcel of land kos ir["Official Records Book 246 at Page 116 of the Public Records of Brevard Cotaitj*^? f F`lori'da ;as .said corner and line are physically occupied and montmeinted; Thence 5' x D1 89°59'18" E, along the South line of said HARBOR HEIGHTS and the South line 61 HARBOR` '101a i.. SEC OND ADDITION and HARBOR HEIGHTS TIiIRD ADDITION, according to the plats fi26e 'eo, rd drded in Plat Book 15 at Pages 80 and 31, respectively, of the Public 'lieobi=is- of $reward County, Florida, as said South line is physically occupied and .. r onuu�enbed; for a distance of 2363.17 feet to the Southeast comer of Lot 31 of said HF BOR .I xC iT$ MMM ADDITION; Thence S 00007'42" W, for a distance of 20.00 feet; Tf ace T 6952'18" W, along a line 20.00 feet South of as measured at right angles to a� 3;parallel with :the South line of said HARBOR HEIGHIS, HARBOR HEIQIIS SF.(YaI>ID ADDITION �a id..i 3AI R. HE. Gas TiiIItD ADDITION as said South line is physically occupied and 'Srumanted, for a distance of 2362.28 feet to the East line of that parcel of land as x3es"cxcl ;1n..said Official Records Book 246 at Page 116, as said East line is physically_ z)ctj eii end-moriineiited, Thence N 02026'04" W, along said East line as :physically # >occt_��iclfd=rioarnunezited, for a distance of 20.02 feet to the Point of Beginning; CocnIllilg 1;085 acres more or less. Prepared by and return to: Ed Gardulski, Director, Public Works City of Cape Canaveral 105 Polk Avenue Cape Canaveral, Florida 32920 (321)868-1240 EASEMENT THIS EASEMENT is made this _15 day of_January 2004 by Early W. Winters, whose address is 325 Coral Drive, Cape Canaveral, Florida 32920, located in Brevard County, Florida ("Grantor"), in favor of the City of Cape Canaveral, a Florida municipality, whose address is 105 Polk Avenue, Cape Canaveral, Florida, 32920, located in Brevard County, Florida ("Grantee"): WHEREAS, Grantor is the fee simple owner of certain real property located within the City of Cape Canaveral, Florida, on which the Grantee desires to acquire a utility easement for the purposes described herein; and WHEREAS, under the terms and conditions stated herein, the Grantor desires to convey a utility easement to Grantee for the purposes stated in Section 3 herein. NOW, THEREFORE, in consideration of the sum of One Dollar ($1.00) and other good and valuable considerations, receipt of which is hereby acknowledged, the Grantor hereby agrees as follows: Section 1. Incorporation of Recitals. The foregoing recitals are hereby incorporated herein by this reference. Section 2. Grant of Easement. Grantor hereby voluntarily grants, sells and conveys unto the Grantee, its successors and assigns, an easement along, under, over and across certain real property located in Brevard County, Florida, more particularly described on Exhibit "A," which is attached hereto and fully incorporated herein by this reference. (Parcel ID 24-37-14-01-00000.0-0020.00 and adjacent parcel on south per ORB 1982 PG 614 ) Section 3. Purpose of Easement. The purpose of the Easement granted herein is more specifically set forth as follows: a. The perpetual right of the Grantee or its designee or franchisee to construct, install, operate, maintain, repair, replace and remove utility systems including potable water, sewer, reclaimed water, storm water drainage, lines or pipes, and other utilities such as electric, gas and communication lines, and the right to transmit and convey utilities through and under said property, together with the right to excavate and refill ditches and trenches for the placement of such lines or pipes within the described Easement. b. The purpose of this Easement is to provide for installation by Grantee and its public utility designees and franchisees of public improvements as set forth in Paragraph 1 hereinabove to serve the general public, and no neighboring landowners or others shall have any rights hereunder except as may be expressly provided herein such as the right to have ingress and egress to and from Grantor's lands over the easement area. c. Grantee and/or public utility designees and franchisees in constructing, maintaining, repairing, replacing or otherwise using the easement area shall not at any time totally block ingress into or egress from Grantor's remaining lands or unreasonably interfere with the ability of Grantor or its heirs, administrator, successors and assigns to conduct business. d. This easement shall be non-exclusive and subject to the right of Grantor and its heirs, successors, administrators and assigns to use the easement area for permitted purposes not inconsistent with the uses of the Grantee and Grantee's public utility designee of franchisee, including but not limited to Grantor placing items within the easement area and allowing Grantor and others to lawfully cross said easement area. Page I of 2 e. This easement shall replace a vacated 10 -foot rear line utility easement in the Harbor Height Subdivision Plat Second Addition, Book 0015 Page 0080, Lot 20. TO HAVE AND TO HOLD the same unto said Grantee and its successors and assigns, together with the right to enter upon said lands and to construct and maintain public uses thereon, with all such fills, cuts, drains, pipelines, ditches and other incidents which said Grantee may deem necessary or convenient in connection therewith. It is expressly understood and agreed that the terms, covenants and conditions of this Easement shall be and constitute covenants running with and binding upon the premises herein above described and shall constitute an obligation of said premises regardless of title of ownership thereof and regardless of any future change which may take place therein. IN WITNESS WHEREOF, the Grantors have hereunto set their hands and seals on the day and year first above written. Signed in the presence of: FA .SA STATE OF FLORIDA COUNTY OF BREVARD GRANTOR: EAR W. WINTERS I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State and County aforesaid to take acknowledgments, personally appeared Early W. Winters to me known personally or who produced fis . as identification, to be the person described in and who executed the foregoing instrument and he acknowledged before me that he executed the same for the purposes set forth herein, and he did not swear an oath. Poo WITNESS my hand and official seal in the State and County last aforesaid this P5 Jav of �1'� , 2903. (Notary Seal) NOTARY UBLIC My Commission Expires: ,,p,RY P& OFFICIAL NOTARY SEAL O _Bl, 2 lir,• n CATHY ANN HARDY COMMISSION NUMBER 7 ®DD121596 SOF F1 O MY COMMISSION EXPIRES JUNE 5,2006 Page 2 of 2 EXHIBIT "A" Thatportion of the following described. parcel of Land lying south of and adjacent to Lot 0 and bounded by the southerly extension of the east and wrest lues thereof of Harbor Heights, Second Addition according to the Plat thereof as recorded in Plat Book 15 at page 80 of the Public Records of Brevard (�Qen a WARP physically occupied and monLuented: A portion of Section 14, Township 24 South,' Florida more particularly described as follows: Begin at the southwest corner of Lot 1 of HARBOR HEIGHTS according to the plat thereof as recorded in Plat Book 13 at Page 99 of the Public Records of Brevard County, Florida, sa'd point also being on the Fast line of that parcel of land described in Official Records Book 246 at Page 116 of the Public Records of Brevard County, Florida as said corner and line are physically occupied and armumented; Theme S 89°52'18" E, along the South line of said HARBOR HEIGHTS and the South line of HARBOR HEIGHTS SECOND ADDITION and HARBOR HEIGHTS THIRD ADDITION, according to the plats thereof recorded in Plat Book 15 at Pages 80 and 81, respectively, of the Public Records of Brevard County, Florida, as said South line is physically occupied and monunented, for a distance of 2363.17 feet to the Southeast corner of Lot 31 of said HARBOR HEIGHTS THIRD ADDITION; Thence S 00'07'42" W, for a distance of 20.00 feet; Thence N 89°52'18" W, along a line 20.00 feet South of as measured at right angles to and parallel with the South line of said HARBOR HEIGHTS, HARBOR HEIGHTS SECOND ADDITION and HARBOR HEIGHTS THIRD ADDITION as said South line is physically occupied and monumented, for a distance of 2362.28 feet to the East line of that parcel of land as described in said Official Records Book 246 at Page 116, as said East line is physically occupied and nm mented, Thence N 0226'04" W, along said East line as physically occupied and monumented, for a distance of 20.02 feet to the Point of Beginning; Containing 1.085 acres more or less. Prepared by and return to: Ed Gardulski, Director, Public Works City of Cape Canaveral 105 Polk Avenue Cape Canaveral, Florida 32920 (321) 868-1240 EASEMENT 9-00 THIS EASEMENT is made this qday of ��.�kiirl 2.003 by Sara Jane Tyson, whose address is 341 Coral Drive, Cape Canaveral, Florida 32920, located in Brevard County, Florida ("Grantor"), in favor of the City of Cape Canaveral, a Florida municipality, whose address is 105 Polk Avenue, Cape Canaveral, Florida, 32920, located in Brevard County, Florida ("Grantee"): WITNESSETH WHEREAS, Grantor is the fee simple owner of certain real property located within the City of Cape Canaveral, Florida, on which the Grantee desires to acquire a utility easement for the purposes described herein; and WHEREAS, under the terms and conditions stated herein, the Grantor desires to convey a utility easement to Grantee for the purposes stated in Section 3 herein. NOW, THEREFORE, in consideration of the sum of One Dollar ($1.00) and other good and valuable considerations, receipt of which is hereby acknowledged, the Grantor hereby agrees as follows: Section 1. Incorporation of Recitals. The foregoing recitals are hereby incorporated herein by this reference. Section 2. Grant of Easement. Grantor hereby voluntarily grants, sells and conveys unto the Grantee, its successors and assigns, an easement along, under, over and across certain real property located in Brevard County, Florida, more particularly described on Exhibit "A," which is attached hereto and fully incorporated herein by this reference. (Parcel ID 24-37-14-01-00000.0-0021.00 and adj land on S per ORB 1908 PG 638 ) Section 3. Purpose of Easement. The purpose of the Easement granted herein is more specifically set forth as follows: a. The perpetual right of the Grantee or its designee or franchisee to construct, install, operate, maintain, repair, replace and remove utility systems including potable water, sewer, reclaimed water, storm water drainage, lines or pipes, and other utilities such as electric, gas and communication lines, and the right to transmit and convey utilities through and under said property, together with the right to excavate and refill ditches and trenches for the placement of such lines or pipes within the described Easement. b. The purpose of this Easement is to provide for installation by Grantee and its public utility designees and franchisees of public improvements as set forth in Paragraph 1 hereinabove to serve the general public, and no neighboring landowners or others shall have any rights hereunder except as may be expressly provided herein such as the right to have ingress and egress to and from Grantor's lands over the easement area. c. Grantee and/or public utility designees and franchisees in constructing, maintaining, repairing, replacing or otherwise using the easement area shall not at any time totally block ingress into or egress from Grantor's remaining lands or unreasonably interfere with the ability of Grantor or its heirs, administrator, successors and assigns to conduct business. d. This easement shall be non-exclusive and subject to the right of Grantor and its heirs, successors, administrators and assigns to use the easement area for permitted purposes not inconsistent with the uses of the Grantee and Grantee's public utility designee of franchisee, including but not limited to Grantor placing items within the easement area and allowing Grantor and others to lawfully cross said easement area. Page 1 of 2 e. This easement shall replace a vacated 10 -foot rear line utility easement in the Harbor Height Subdivision Plat Second Addition, Book 0015 Page 0080, Lot 21. TO HAVE AND TO HOLD the same unto said Grantee and its successors and assigns, together with the right to enter upon said lands and to construct and maintain public uses thereon, with all such fills, cuts, drains, pipelines, ditches and other incidents which said Grantee may deem necessary or convenient in connection therewith. It is expressly understood and agreed that the terms, covenants and conditions of this Easement shall be and constitute covenants running with and binding upon the premises herein above described and shall constitute an obligation of said premises regardless of title of ownership thereof and regardless of any future change which may take place therein. IN WITNESS WHEREOF, the Grantors have hereunto set their hands and seals on the day and year first above written. Signed in the presence of: GRANTOR: �SARAJ NES YSON FER)JAND U EZ STATE OF FLORIDA COUNTY OF BREVARD I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State and County aforesaid to take acknowledgments, personally appeared Sara Jane Tyson 9 me known personally or who produced as identification, to be the person described in and who execute t e foregoing instrument and he acknowledged before me that he executed the same for the purposes set forth herein, and he did not swear an oath. WITNESS my hand and official seal in the State and County last aforesaid this �° day of SG )CN}cam, 200 (Notary Seal) NOTARY PUBIC Y My Commission Expires: NANCY H. L.EWS ?pF rMy � # DD ION60 Dec_ 2 t god 9 EXPIRES- Member 2, 2OD6 14 063NOTARY FL Notary Service & Bonding, Inc. Page 2 of 2 EXHIBIT A That portion of the following described parcel of land lying south of and adjacp Lot ZI and bounded by the southerly extension of the east and west lines theRl Harbor Heights, Second Addition according to the Plat thereof as recorded mai: <� Book 15 at page 80 of the Public Records of Brevard County, Florida as said physically occupied and um mented: G -Tj A portion of Section 14, Township 24 South, Range 37 East, Brevard Courtyi,rr 7,U Florida more particularly described as follows: o DI Begin at the southwest corner of Int 1 of HARBOR HEIGHTS according to ahecplaTU, thereof as recorded in Plat Book 13 at Page 99 of the Public Records of Bre-4ar& >J County, Florida, said point also being on the East line of that parcel of lam-deseribed in Official Records Book 246 at Page 116 of the Public Records of Brevard County, Florida as said corner and line are physically occupied and nmu tinted; Thence S 89°52'18" E, along the South line of said HARBOR HEIGHTS and the South line of HARBOR HEIGHTS SECOND ADDITION and HARBOR HEIGHTS THIRD ADDITION, according to the plats thereof recorded in Plat Book 15 at Pages 80 and 81, respectively, of the Public Records of Brevard County, Florida, as said South line is physically occupied and u=urm ted, for a distance of 2363.17 feet to the Southeast corn r of L^.t 31 of said HARBOR HEIGHTS THIRD ADDITION; Thence S 00°07'42" W, for a distance of 20.00 feet; Thence N 89°52'18" W, along a line 20.00 feet South of as measured at right angles to and parallel with the South line of said HARBOR HEIGHTS, HARBOR HEIGHTS SECOND ADDITION and HARBOR HEIGHTS THIRD ADDITION as said South line is physically occupied and monunented, for a distance of 2362.28 feet to the East line of that parcel of land as described in said Official Records Book 246 at Page 116, as said East line is physically occupied and monumented, 'Thence N 02°26'04" W, along said East line as physically occupied and monumented, for a distance of 20.02 feet to the Point of Beginning; Containing 1.085 acres more or less. Prepared by and return to: Ed Gardulski, Director, Public Works City of Cape Canaveral 105 Polk Avenue Cape Canaveral, Florida 32920 (321) 868-1240 EASEMENT THIS EASEMENT is made this Z -(O day of Fr_ , 200yby Ronnie Pizatella and Kimberly Pizatella, whose address is 345 Coral Drive, Cape Canaveral, Florida 32920, located in Brevard County, Florida ("Grantor"), in favor of the City of Cape Canaveral, a Florida municipality, whose address is 105 Polk Avenue, Cape Canaveral, Florida, 32920, located in Brevard County, Florida ("Grantee"): W1TNFCSF.TH WHEREAS, Grantor is the fee simple owner of certain real property located within the City of Cape Canaveral, Florida, on which the Grantee desires to acquire a utility easement for the purposes described herein; and WHEREAS, under the terms and conditions stated herein, the Grantor desires to convey a utility easement to Grantee for the purposes stated in Section 3 herein. NOW, THEREFORE, in consideration of the sum of One Dollar ($1.00) and other good and valuable considerations, receipt of which is hereby acknowledged, the Grantor hereby agrees as follows: Section 1. Incorporation of Recitals. The foregoing recitals are hereby incorporated herein by this reference. Section 2. Grant of Easement. Grantor hereby voluntarily grants, sells and conveys unto the Grantee, its successors and assigns, an easement along, under, over and across certain real property located in Brevard County, Florida, more particularly described on Exhibit "A," which is attached hereto and fully incorporated herein by this reference. (Parcel ID 24-37-14-01-00000.0-0022.00 and adj land on S as per ORB 1906 PG 25) Section 3. Purpose of Easement. The purpose of the Easement granted herein is more specifically set forth as follows: a. The perpetual right of the Grantee or its designee or franchisee to construct, install, operate, maintain, repair, replace and remove utility systems including potable water, sewer, reclaimed water, storm water drainage, lines or pipes, and other utilities such as electric, gas and communication lines, and the right to transmit and convey utilities through and under said property, together with the right to excavate and refill ditches and trenches for the placement of such lines or pipes within the described Easement. b. The purpose of this Easement is to provide for installation by Grantee and its public utility designees and franchisees of public improvements as set forth in Paragraph 1 hereinabove to serve the general public, and no neighboring landowners or others shall have any rights hereunder except as may be expressly provided herein such as the right to have ingress and egress to and from Grantor's lands over the easement area. c. Grantee and/or public utility designees and franchisees in constructing, maintaining, repairing, replacing or otherwise using the easement area shall not at any time totally block ingress into or egress from Grantor's remaining lands or unreasonably interfere with the ability of Grantor or its heirs, administrator, successors and assigns to conduct business. d. This easement shall be non-exclusive and subject to the right of Grantor and its heirs, successors, administrators and assigns to use the easement area for permitted purposes not inconsistent with the uses of the Grantee and Grantee's public utility designee of franchisee, including but not limited to Grantor placing items within the easement area and allowing Grantor and others to lawfully cross said easement area. Page 1 of 2 e. This easement shall replace a vacated 10 -foot rear line utility easement in the Harbor Height Subdivision Plat Second Addition, Book 0015 Page 0080, Lot 22. TO HAVE AND TO HOLD the same unto said Grantee and its successors and assigns, together with the right to enter upon said lands and to construct and maintain public uses thereon, with all such fills, cuts, drains, pipelines, ditches and other incidents which said Grantee may deem necessary or convenient in connection therewith. It is expressly understood and agreed that the terms, covenants and conditions of this Easement shall be and constitute covenants running with and binding upon the premises herein above described and shall constitute an obligation of said premises regardless of title of ownership thereof and regardless of any future change which may take place therein. IN WITNESS WHEREOF, the Grantors have hereunto set their hands and seals on the day and year first above written. STATE OF FLORIDA COUNTY OF BREVARD GRANTOR: Im ".onnie Pizatella All imy ber Piz a I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State and County aforesaid to take no ed men s, t personalk., appeared Ronnie Pizatella to me known personally or who produced identification, to be the person described in and who executed the foregoing instrument and he acknowledged before me that he executed the same for the purposes set forth herein, and he did n0swear a5.,g)h. WITNESS M Rias a.tw y last aforesaid thf9Z ay o 204/' x STANLEY A. SYLVAIN (N s Notary Public - State of Florida MY Commission Expires Nov 7, tow OTARY PAdC '°`i•` Commission 4 00132794 My Com ' sion Expir Bonded By National Notary Asan. STATE OF FLORIDA COUNTY OF BREVARD I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State and County aforesaid to take 4ckpow , personall appeared Kimberly Pizatella to me known personally or who produced WC" ge'' s identification, to be the person described in and who executed the foregoing instrument and she acknowledged before me that she executed the same for the purposes set forth hereiry,-* she�yd not sweak,45oath. WITNESS my hand and official seal in the State and County last aforesaid this ( of ea �r,.•..,,• STANLEY A. SYLVAIN N ARY Notary Public - State of Florida My Comrr My CLBBy n Expires Nov 7, 2005 Con C:J132794 ••� ;;'��`' ` Bontiona: ?3afiary Assn. Page 2 of 2 EXHIBIT "A" J portion of the following described parcel of land lying south of and adjacent,.to t 22 and bounded by the southerly extension of the east and west lines thereof r Heights, Second Addition according to the Plat. thereof as recorded in Plat. t 15 at page 80, of the Public Records of Brevard County, Florida as said lot is.,� ically occupied and urnted: A portion of Section 14, Township 24 South, Range 37 Fast, Brevard County, F da mare particularly l arly described as follows: m Begin at the southwest comer of Lot 1 of HARBOR HEIGHTS according to the plat f as recorded in. Plat Book 13 at Page 99 of the Public Records of Brevard ty" Florida, said point also being on the East line of that parcel of land described official Records Bode 246 at Page 116 of the Public Records of Brevard County, agra :-ss said corner and line are physically occupied and manummted; Thence S $9=�-WAS! 8; along the South line of said HARBOR HEIGM and the South line of HARBOR fikdh -SEbOi6 ADDITION and HARBOR HEIGHTS THIRD ADDITION, according to the plats tfi r of recorded in Plat Book 15 at Pages 80 and 81, respectively, of the Public RM&i- s of Brevard County, Florida, as said South line is physically occupied and momponted, for a distance of 2363.17 feet to the Southeast corner of Lot 31 of said HiA 1 MGMS THIRD ADDITION; Thence S 00007'42" W, for a distance of 20.00 feet; Thrice V 89°52'18" W, along a line 20.00 feet South of as measured at right angles to alisei with the South line of said HARBOR HEIGHTS, HARBOR HEIGHTS SECOND ADDTrMN .� .. HEIGHTS THIRD ADDITION as said South line is physically occupied and fed, for a distance of 2362.28 feet to the East line of that parcel of land as -:: in said Official Records Book 246 at Page 116, as said East line is physically and mmunmited, Thence N 02026'W' W, along said Fast line as phpicall y led .and �aont�nted, for a distance of 20.02 feet to the Point of Beginning; �f- 1.0$5 acres more or less. Prepared by and return to: Ed Gardulski, Director, Public Works City of Cape Canaveral 105 Polk Avenue Cape Canaveral, Florida 32920 (321)868-1240 EASEMENT THIS EASEMENT is made this 9th day of July, 2004 by Forrest O. Burk and Alice B. Burk, whose address is 353 Coral Drive, Cape Canaveral, Florida 32920, located in Brevard County, Florida ("Grantor"), in favor of the City of Cape Canaveral, a Florida municipality, whose address is 105 Polk Avenue, Cape Canaveral, Florida, 32920, located in Brevard County, Florida ("Grantee"): WITNESSETH WHEREAS, Grantor is the fee simple owner of certain real property located within the City of Cape Canaveral, Florida, on which the Grantee desires to acquire a utility easement for the purposes described herein; and WHEREAS, under the terms and conditions stated herein, the Grantor desires to convey a utility easement to Grantee for the purposes stated in Section 3 herein. NOW, THEREFORE, in consideration of the sum of One Dollar ($1.00) and other good and valuable considerations, receipt of which is hereby acknowledged, the Grantor hereby agrees as follows: Section 1. Incorporation of Recitals. The foregoing recitals are hereby incorporated herein by this reference. Section 2. Grant of Easement. Grantor hereby voluntarily grants, sells and conveys unto the Grantee, its successors and assigns, an easement along, under, over and across certain real property located in Brevard County, Florida, more particularly described on Exhibit "A," which is attached hereto and fully incorporated herein by this reference. (Parcel ID 24-37-14-01-00000.0-0024.00 and adj parcel on S per ORB 1877 PG 939) Section 3. Purpose of Easement. The purpose of the Easement granted herein is more specifically set forth as follows: a. The perpetual right of the Grantee or its designee or franchisee to construct, install, operate, maintain, repair, replace and remove utility systems including potable water, sewer, reclaimed water, storm water drainage, lines or pipes, and other utilities such as electric, gas and communication lines, and the right to transmit and convey utilities through and under said property, together with the right to excavate and refill ditches and trenches for the placement of such lines or pipes within the described Easement. b. The purpose of this Easement is to provide for installation by Grantee and its public utility designees and franchisees of public improvements as set forth in Paragraph 1 hereinabove to serve the general public, and no neighboring landowners or others shall have any rights hereunder except as may be expressly provided herein such as the right to have ingress and egress to and from Grantor's lands over the easement area. c. Grantee and/or public utility designees and franchisees in constructing, maintaining, repairing, replacing or otherwise using the easement area shall not at any time totally block ingress into or egress from Grantor's remaining lands or unreasonably interfere with the ability of Grantor or its heirs, administrator, successors and assigns to conduct business. d. This easement shall be non-exclusive and subject to the right of Grantor and its heirs, successors, administrators and assigns to use the easement area for permitted purposes not inconsistent with the uses of the Grantee and Grantee's public utility designee of franchisee, including but not limited to Grantor placing items within the easement area and allowing Grantor and others to lawfully cross said easement area. Pagel of 2 e. This easement shall replace a vacated 10 -foot rear line utility easement in the Harbor Height Subdivision Plat Second Addition, Book 0015 Page 0080, Lot 24. TO HAVE AND TO HOLD the same unto said Grantee and its successors and assigns, together with the right to enter upon said lands and to construct and maintain public uses thereon, with all such fills, cuts, drains, pipelines, ditches and other incidents which said Grantee may deem necessary or convenient in connection therewith. It is expressly understood and agreed that the terms, covenants and conditions of this Easement shall be and constitute covenants running with and binding upon the premises herein above described and shall constitute an obligation of said premises regardless of title of ownership thereof and regardless of any future change which may take place therein. IN WITNESS WHEREOF, the Grantors have hereunto set their hands and seals on the day and year first above written. Signed in the pFesence of: r STATE OF FLORIDA COUNTY OF BREVARD GRANTOR: C2, FORREST O. BURK ALICE B. BURK I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State and County aforesaid to take m acknowled ents, personally appeared Forrest O. Burk to me known personally or who produced q. Llr—, c- - as identification, to be the person described in and who executed the foregoing instrument and he acknowledged before me that he executed the same for the purposes set forth herein, and he did not swear an oath. WITNESS my hand and official seal in the State and County last aforesaid this day of 7 L 2004. (Notary Seal) OFFICM74AD PV CATHY NOTARY P L C Zk COMMISMy Commission Expires: i D �� MY COMM STATE OF FLORIDA OF f`O JUN__ COUNTY OF BREVARD I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State and County aforesaid to take ackn9wle4gments, personally appeared Alice B. Burk to me known personally or who produced _�wt ✓'vim✓S c , as identification, to be the person described in and who executed the foregoing instrument and she acknowledged before me that she executed the same for the purposes set forth herein, and she did /not swear an oath. WITNESS my hand and official seal in the State and County last aforesaid this � day of J, 2004. (Notary Seal) ®S�,pY / FICIAL NOTARY SEAL A 4"� CATHY ANN HARDY NOT Y PUB IC COMMISSION NUMBER DD121596 My Commission Expires: OF F`o�0 MY COMMISSION EXPIRES JUNE SM Page 2 of 2 EXHIBIT "A" That portion of the following described parcel of land lying south of and adjacent to lot 24 and bounded by the southerly extension of the east and west lines thereof of Harbor Heights, Second Addition according to the Plat thereof as recorded in Plat Book 15 at page 80 of the Public Records of Brevard County, Florida as said lot is physically occupied and monumented: A portio^. of Section 14, Township 24 South, Range 37 East, Brevard County, Florida more particularly described as follows: Begin at the southwest corner of Lot 1 of HARBOR HEIGHTS according to the plat thereof as recorded in Plat Book 13 at Page 99 of the Public Records of Brevard County, Florida, said point also being on the East line of that parcel of nand described in Official Records Book 246 at Page 116 of the Public Records of Brevard County, Florida as said corner and amine are physically occupied and monuneinted; Thence S 89°52'18" E, along the South line of said HARBOR HEIGUS and the South line of HARBOR HEIGHTS SECOND ADDITION and HARBOR HEIGHTS THTRD AT] MON, according to the plats thereof recorded in Plat Book 15 at Pages 80 and 81, respectively, of the Public Records of Brevard County, Florida, as said South line is physically occupied and mnrnnmted, for a distance of 2363.17 feet to the Southeast corner of Lot 31 of said HARBOR HEIGHTS THIRD ADDITION; Thence S 00'07'42" W, for a distance of 20.00 feet; Thence N 89°52'18" W, along a line 20.00 feet South of as measured at right angles to and parallel with the South lie of said HARBOR HEIGHTS, HARBOR HEIGHT'S SECOND ADDITION and HARBOR HEiGiITiS THIRD ADDTTIC{i as said South line is physically occupied and manunented, for a distance of 2362.28 feet to the East line of that parcel of land as described in said Official Records Book 246 at Page 116, as said East line is physically occupied and mmixw rated, Trice N 02°26'04" W, along said East line as physically occupied and mo nupented, for a distance of 20.02 feet to the Point of Beginning; Containing 1.085 acres more or less. Meeting Type: Regular Meeting Date 08-03-04 AGENDA Heading CONSENT Item 3 No. I recommend approval. AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: CONSENT: PUBLIC UTILITY EASEMENT GRANTED BY GREENE INTERNATIONAL DEVELOPMENT CORPORATION DEPT./DIVISION: PUBLIC WORKS Requested Action: City Council consider the approval of a public utility easement granted by Greene International Development Corporation as recommended by the public works director and the Planning & Zoning Board. Summary Explanation & Background: This (20') wide public utility easement is located on the west side of N. Atlantic Avenue. Parcel No. 24-37-14-28-00000.0-OOOA.24. I recommend approval. Exhibits Attached: P&Z/Public Works Director's memos; Easement Agreement CityMan Office Department PUBLIC WORKS \.cagel-rrt-Tim\mydo ume s drain\council\meeting\zuug\uu-us-us\greene.aoc am OF Got Date: July 19, 2004 To: Bennett Boucher, City Manager Susan Stills, City Clerk From: Bea McNeely, Chairperson of the Planning & Zoning Board Re: Easement Agreement along the West side of N. Atlantic Avenue Legal Description: 24-37-14-28-00000.0-OOOA.24 Green International Development Corporation ------------------------------------------------------------------------------------------------------------ The Planning & Zoning Board reviewed the above referenced easement agreement at the meeting held on July 14, 2004 and unanimously recommended approval to City Council. Please schedule this item on an upcoming meeting agenda. MEMORANDUM TO: Bennett Boucher City Manager FROM: Ed Gardulski Public Works Director DATE: July 15, 2004 SUBJECT: City Council Agenda Item for August 3rd, 2004 Easement Agreements along the West -Side of Atlantic Avenue Parcel NO: 24-37-14-28-00000.0-OOOA.24 Green International Development Corporation Throughout the year, the City of Cape Canaveral is required to obtain easements for property owners to perform City projects. For example, the City is required to obtain an easement to construct a public sidewalk, sewer lines, reuse water lines, stormwater line and landscaping to name a few. These easements are solicited by the City of Cape Canaveral and are in the City's best interest. According to Article I. IN GENERAL, Sec. 110-1, of the city code, Easement means a right-of-way granted for limited use of private property for a public or quasi -public purpose. Within Sec. 110-477 requires that "no purported dedication of an easement to the city shall be effective until it is accepted by the city council, after review and recommendation from the planning and zoning board." Attached is an Easement Agreement from Green International Development Corporation for a twenty -20 foot wide easement along the west -side of Atlantic Avenue. This easement is needed for the relocation of the sidewalk as the result of the addition of turn lane to be added to Atlantic Ave. More so, FPL and other utilities will be able to relocate their lines underground within this easement area in the future. The Planning and Zoning Board approved these Easement Agreements at their regular scheduled meeting of July 14th 2004. After approval of this Easement Agreement, the instrument shall be recorded in public records. Recommend the approval the above stated Easement Agreement. Attachment CC: File Prepared by and return to: Ed Gardulski, Director, Public Works City of Cape Canaveral 105 Polk Avenue Cape Canaveral, Florida 32920 (321) 868-1240 EASEMENT THIS EASEMENT is made thisday of � n , 2004 by Greene International Development Corporation. whose address is16014N. Atlant Avenue, Cocoa Beach, Florida 32931, located in Brevard County, Florida ("Grantor"), in favor of the City of Cape Canaveral, a Florida municipality, whose address is 105 Polk Avenue, Cape Canaveral, Florida, 32920, located in Brevard County, Florida ("Grantee"): WITNESSETH WHEREAS, Grantor is the fee simple owner of certain real property located within the City of Cape Canaveral, Florida, on which the Grantee desires to acquire a utility easement for the purposes described herein; and WHEREAS, under the terms and conditions stated herein, the Grantor desires to convey a utility easement to Grantee for the purposes stated in Section 3 herein. NOW, THEREFORE, in consideration of the sum of One Dollar ($1.00) and other good and valuable considerations, receipt of which is hereby acknowledged, the Grantor hereby agrees as follows: Section 1. Incorporation of Recitals. The foregoing recitals are hereby incorporated herein by this reference. Section 2. Grant of Easement. Grantor hereby voluntarily grants, sells and conveys unto the Grantee, its successors and assigns, a 20 foot wide easement along the west right of way line of Atlantic Avenue and across certain real property located in Brevard County, Florida, more particularly described on Exhibit "A," which is attached hereto and fully incorporated herein by this reference. (Parcel ID 24-37-14-28-00000.0-OOOA.24) Section 3. Purpose of Easement. The purpose of the Easement granted herein is more specifically set forth as follows: a. The perpetual right of the Grantee or its designee or franchisee to construct, install, operate, maintain, repair, replace and remove sidewalk, landscaping, street lighting utility systems including potable water, sewer, reclaimed water, storm water drainage, lines or pipes, and other utilities such as electric, gas and communication lines, and the right to transmit and convey utilities through and under said property, together with the right to excavate and refill ditches and trenches for the placement of such lines or pipes within the described Easement. b. The purpose of this Easement is to provide for installation by Grantee and its public utility designees and franchisees of public improvements as set forth in Paragraph 1 hereinabove to serve the general public, and no neighboring landowners or others shall have any rights hereunder except as may be expressly provided herein such as the right to have ingress and egress to and from Grantor's lands over the easement area. c. Grantee and/or public utility designees and franchisees in constructing, maintaining, repairing, replacing or otherwise using the easement area shall not at any time totally block ingress into or egress from Grantor's remaining lands or unreasonably interfere with the ability of Grantor or its heirs, administrator, successors and assigns to conduct business. d. This easement shall be non-exclusive and subject to the right of Grantor and its heirs, successors, administrators and assigns to use the easement area for permitted purposes not inconsistent with the uses of the Grantee and Grantee's public utility designee of franchisee, including but not limited to Grantor placing items within the easement area and allowing Grantor and others to lawfully cross said easement area. Pagel of 2 TO HAVE AND TO HOLD the same unto said Grantee and its successors and assigns, together with the right to enter upon said lands and to construct and maintain public uses thereon, with all such fills, cuts, drains, pipelines, ditches and other incidents which said Grantee may deem necessary or convenient in connection therewith. It is expressly understood and agreed that the terms, covenants and conditions of this Easement shall be and constitute covenants running with and binding upon the premises herein above described and shall constitute an obligation of said premises regardless�of title of ownership thereof and regardless of any future change which may take place therein. �� IN WITNESS WHr4 F, the Grantors have hereunto set their hands and seals on the day and year first above written. f Signed in the presence of:/ , // „ GRANTOR: Green Internat' evelopment Corporation Martin Greene, President L Green International Development Corporation Janice Greene, Vice President STATE OF FLORIDA COUNTY OF BREVARD I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State and County aforesaid to acknowledgments, personally appeared Green International Development Corporation to me kno ersonall r who produced as identification, to be the person described in and who executed the foregoing instrument and he acknowledged before me th t he executed the same for the purposes set forth herein, and he did not swear an oath. WIT7Sjjg hand and official seal in the State and County last foresaid this day of 2004. (Notary Seal) o'"OPu, �DONNA HARRIS NOT PUBLIC - `f ` Y ( oPnMfSS}{)N # Uz)074501 My Commission Expires: k'XY1RtSNnvember27,2(X)5 f-8,1-3-NOI ARY Fl Neiary Service & Bonding, inc. Page 2 of 2 LEGAL DESCRIPTION: A PORI►OM OF THE NORTH 165 FEET OF LO i A' OF Tl1TF1,E'S SUBDIVISION. ACCORDING TO THE PLAT THEREOF AS RECORDED Ill PIAT BOOK 1. PAGE 22 OF THE PUBLIC RECORDS OF BIRIEVARD COUNTY. FLORIDA , LYING WEST OF OLD STATE RDAD 401 (NORTH ATLANTIC AVENUE, 60' R/W), BEING A PORTION OF THE SOUTHWEST 1/4 OF THE NORTHWEST 1/4 OF SECTION 14. TO-PASIiiP 24 SOUK RANCE 37 OkST, BREVARD COUNTY. FIOKUk AND MORE PARTICULARLY DESCRIBED AS FOLLOW: FOR A POINT OF BEGINNING. COLIMENCE AT THE INTERSECTION OF TI5 SOUTH LINE OF THE NORTH 165 FEET OF SAID E01' "l1', MM THE WESTERLY RIGFIT OF WAY UNE OF SAID NORTH ATLANTIC AYENUE; THENCE N 89'67'57' W„ ALONG SAID SOUTH UNE. FOR A DISTANCE OF 813,88 FEEL: THENCE N 00'02'03" E., FOR A DISTANCE OF 150.21 FEET TO A POINT BEING 15.00 FEET SOUTH OF, AS MMURED PERPENDICULAR T0, THE NORTH LINE OF SAID LOT A'; THENCE S Bs S8'03' E.. 15.00 FEEL SOUTH OF ANO PARALLEL WITH SAID NORTH UNF, FOR A DISTANCE OF 832-55 FEET TO A POINT OH THE WESTERLY RIGHT OF WAY LINE OF SAID NORTH ATLANTIC AVENUE; MEt4C£ S 07'06'10" W.. ALONG SAID RIGHT OF WAY UNE. FOR A DISTANCE OF 150.90 FEET TO THE Pow OF BEGINNING, CONTAINING 2.83 ACRM MORE OR LESS. SURVEYORS NOTES_ T. The Surveyor drd not perform a Title Search to detamdne if there are any easements or rights of ray that may affect thin aft. 2. The legal description shorn horeon was fumkshed t8 the surveyor. J. The Bearings shown hereon are, relatlys to the South Ins of %a North 165 feet of Lot 'A of TUTEWS SUBDIVISION, accardieg to the plat Omwf as recorded in Plot Book 1, Page 22 of the Public Records of Brevard Oaunty, Florida an being N 89'S7'S7"W., and may nol be, a true North Azimuth. 4, tlo underground uliiltles or"inpravemenis wore located by this s+.,evey. * This site lies In F.LP-M. Zone 'X' according to Community Panel No.125094-WI3 E dated April 3, 1984. 8. €ievalians shown hereon are based on NOV datum of 1929. Reference benchmark being the north rim of a whitary sewer manhole lying West of the North and of Building 16 of Village of the Seaport complex, elevation — 10.02 Leet. Page 1 of 1 o: is, uF a ... x Meeting Type: Regular Meeting Date 08-03-04 AGENDA Heading CONSENT item 4 No. Exhibits Attached: AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: CONSENT: PUBLIC INGRESS/EGRESS AND UTILITY EASEMENT GRANTED BY EPPLEY AND LEE DEPT./DIVISION: PUBLIC WORKS Requested Action: City Council consider the approval of a public ingress/egress and utility easement granted by Eppley and Lee as recommended by the Planning & Zoning Board and the public works director. Summary Explanation & Background: See attached. I recommend approval. Exhibits Attached: Legal/Public Works Director's Memo/Easement Agreement City Mana ffice Department PUBLIC WORKS 11-19 f/ ry - ape- im\mydo ume4rEs_tom Ncouncil\meeting\2009\U8-U3-U4\eppley.aoc �Op Date: July 19, 2004 To: Bennett Boucher, City Manager Susan Stills, City Clerk From: Bea McNeely, Chairperson of the Planning & Zoning Board Re: Easement Agreements as a Result of Pending Vacation of Road Right -of -Way, Patrick T. Lee by Harold Bistline under Power of Attorney; and David & Michealyn Eppley ------------------------------------------------------------------------------------------------------------ The Planning & Zoning Board reviewed the above referenced easement agreements at the meeting held on July 14, 2004 and unanimously recommended approval to City Council. Please schedule this item on an upcoming meeting agenda. MEMORANDUM TO: Bennett Boucher City Manager FROM: Ed Gardulski Public Works Director DATE: July 15, 2004 SUBJECT: City Council Agenda Item for August 3rd, 2004 Easement Agreements as the result of pending Vacation of Road ROW Patrick T. Lee by Harold Bistline under Power of Attorney David W. and Michaelyn Eppley Throughout the year, the City of Cape Canaveral is required to obtain easements for property owners to perform City projects. For example, the City is required to obtain an easement to construct a public sidewalk, sewer lines, reuse water lines, stormwater line, landscaping and emergency access to name a few. These easements are solicited by the City of Cape Canaveral and are in the City's best interest. According to Article I. IN GENERAL, Sec. 110-1, of the city code, Easement means a right-of-way granted for limited use of private property for a public or quasi -public purpose. Within Sec. 110477 requires that "no purported dedication of an easement to the city shall be effective until it is accepted by the city council, after review and recommendation from the planning and zoning board." Attached are two -(2) contiguous agreements for a twenty -20 foot wide easement divided equally between the Petitioning property owners. This Easement Agreement is the result of a pending vacation of a portion of Ridgewood (Harbor Drive) Harbor Heights Subdivision 3Ta Addition recorded Plat Book 15, Page 81. On May 4, 2004, City Council considered at first reading of Ordinance no. 10-2004, vacation a portion of Harbor Drive (Ridgewood) between Lots 19 and 100. Petitioners are David and Rhonda Lee and David and Michaelyn Eppley. The Planning and Zoning Board approved these Easement Agreements at their regular scheduled meeting of July 14th 2004. After approval of these Easement Agreements and the second reading of the City Ordinance 10-2004, the instruments shall be recorded in public records. Recommend the approval the above stated Easement Agreements. Attachment CC: File Page 1 of 1 Bennett Boucher From: DSarge1025@aol.com Sent: Thursday, May 20, 2004 12:04 PM To: boucher-cape@cfl.rr.com Subject: Re: FW: Harbor Drive - Vacation of Right -of -Way Bennett, The stabilization of the roadway can be by any means that meets the requirements of the fire code. The code states it must be 20' wide, unobstructed, access with 13'6" vertical clearance and must support the load of a fire truck. There are many ways to meet the load requirement including turf blocks, paving, pavers etc. Dave 07/22/2004 V I L L A G E S 0'F S E A P O R T OFFICIAL RECORDS BOOK 3000, 10' UTILITIES EASEMENT PAGE 962 589' 20' 25' E 80.00 30.00 20.00 a , 1torf) z t'; rF � C-- - - ---------%---------------- ao a --------------- Z- = w w POI NT-OF-IBEGI NNI NG r' x a J m FOUND CONCRETE MONUMENT mN w a 0 a.; w (n w uj _ Z h v wLLI Z n ,1', O U-) C7 J Z m T U) `, p M w xo aLLJ w > 16 Lnn w 't z o M Q O r 0O m U Q 0 W1 W w m F-- O i~ W 6:'. o w m `, l9 J cn o a M 3 F F- = a a' � 1 w`0 % J w Y d 3 M a N o o w— B m m F- a m - m m a J m 1 3 .6 a F- o Z v', '� `�'X W a CL o a J o o � Z Za � M 0 w m, ) IL " Q I v: m m j � RADIUS: 25. 00 11 a Z , DELTA: 90' 00' 00' j "' �_ J ARC: 39. 27 �, C.) m J w ' 41.24 = .' U) FOUND 04 REBAR 106.00 N89' 20' 25' W V Il o� cj EDGE OF PAVING 1 ' , c ; R 106p W000 AVENUE J , co Q• , 0 V SURVEYOR'S NOTES: 1. BEARINGS REFER TO THE NORTHERLY LINE OF HARBOR HEIGHTS, THIRD ADDITION, PLAT BOOK 15. PAGE 81, BEARING S 89'20'25" E. 2. ENCROACHMENT(S), (IF ANY) ARE AS NOTED AT TIME OF SURVEY. 3. FLOOD ZONE 'X' PER NATIONAL FLOOD INSURANCE RATE MAP NO. 1 2009CO31 3 SUFFIX E (COMMUNITY NO. 125094) INDEX DATED 11-19-97. 4. NOT VALID UNLESS EMBOSSED WITH SURVEYOR'S IMPRESSION SEAL. 5. SKETCH OF EASEMENT JOB NO. 03-070A, V.E.M. 12-26-03. SECTION H) W. 24 5.) K&E- 37 E. DATE: BEACH MAPPING 04-30-04 A N D SCALE: SURVEYING FOR LEGAL DESCRIPTION 1' = 20' 8010 N. ATLANTIC AVE. AND CERTIFICATIONS SEE SHEET 1 SUITE 12 REF: 03-070 P.O. BOX 542 JOB NO. CAPE CANAVERAL, FLORIDA 32920 SHEET 2 OF 2 03-070A PHONE (321) 783-4174 FAX (321) 783-1058 SKETCH OF EASEMENT PREPARED FOR TONY HERNANDEZ, III, ESQUIRE, AS TRUSTEE & THE CITY OF CAPE CANAVERAL LEGAL DESCRIPTION: A PARCEL OF LAND BEING PART OF THE UNIMPROVED RIGHT-OF-WAY OF RIDGEWOOD AVENUE AS DEPICTED ON THE PLAT OF HARBOR HEIGHTS. THIRD ADDITION AS RECORDED IN PLAT BOOK 15. PAGE 81, LYING IN FRACTIONAL SECTION 14. TOWNSHIP 24 SOUTH, RANGE 37 EAST, TALLAHASSEE BASE MERIDIAN, BREVARD COUNTY, FLORIDA AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGIN AT A CONCRETE MONUMENT`MARKING THE NORTHEAST CORNER OF LOT 100. AFORESAID HARBOR HEIGHTS, THIRD ADDITION; THENCE S 89'20'25' E. ALONG THE NORTHERLY LINE OF SAID HARBOR HEIGHTS. THIRD ADDITION AND ALONG THE NORTHERLY LINE OF RIDGEWOOD AVENUE AS DEPICTED ON SAID RECORD PLAT, A DISTANCE OF 80.00 FEET TO THE WESTERLY LINE OF THE LANDS DESCRIBED IN OFFICIAL RECORDS BOOK 2626, PAGE 364 OF THE PUBLIC RECORDS OF BREVARD COUNTY, FLORIDA; THENCE S 00' 39' 35' W. ALONG SAID WESTERLY LINE. A DISTANCE OF 100.00 FEET: THENCE N 89' 20' 25' W. A DISTANCE OF 1 05. 00 FEET TO THE POINT -OF - CURVATURE OF A RADIAL CIRCULAR CURVE CONCAVE TO THE NORTHWEST HAVING A RADIUS OF 25.00 FEET; THENCE ALONG THE ARC OF SAID CURVE. THROUGH A CENTRAL ANGLE OF 90'00'00', AN ARC DISTANCE OF 39.27 FEET TO THE POINT -OF -TANGENCY: THENCE N 00'39'35' E. ALONG THE PLATTED WESTERLY RIGHT-OF-WAY LINE OF SAID RIDGEWOOD AVENUE, A DISTANCE OF 75.00 FEET TO THE POINT -OF -BEGINNING. CONTAINING 8,134.1 SOUARE FEET, MORE OR LESS AND BEING SUBJECT TO A 10.00 FOOT EASEMENT FOR PUBLIC UTILITIES ACROSS THE NORTH 10.00 FEET THEREOF AND BEING SUBJECT TO A PERMANENT AND IRREVOCABLE EASEMENT FOR INGRESS/EGRESS AND PUBLIC UTILITIES OVER, UNDER AND ACROSS THE FOLLOWING. TO WIT: EASEMENT DESCRIPTION: A PARCEL OF LAND BEING PART OF THE UNIMPROVED RIGHT-OF-WAY OF RIDGEWOOD AVENUE AS DEPICTED ON THE PLAT OF HARBOR HEIGHTS. THIRD ADDITION AS RECORDED IN PLAT BOOK 15, PAGE 81. LYING IN FRACTIONAL SECTION 14. TOWNSHIP 24 SOUTH, RANGE 37 EAST. TALLAHASSEE BASE MERIDIAN, BREVARD COUNTY, FLORIDA AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT A CONCRETE MONUMENT MARKING THE NORTHEAST CORNER OF LOT 100. AFORESAID HARBOR HEIGHTS, THIRD ADDITION; THENCE S 89'20'25' E. ALONG THE NORTHERLY LINE OF SAID HARBOR HEIGHTS, THIRD ADDITION AND ALONG THE NORTHERLY LINE OF RIDGEWOOD AVENUE AS DEPICTED ON SAID RECORD PLAT. A DISTANCE OF 30.00 FEET TO THE POINT -OF -BEGINNING; THENCE CONTINUE S 89-20'25- E. ALONG SAID LINES, A DISTANCE OF 20.00 FEET; THENCE S 00' 39' 35' W, A DISTANCE OF 18.15 FEET; THENCE S 13'53'15' E, A DISTANCE OF 84.56 FEET; THENCE N 89'20'25- W. A DISTANCE OF 41.24 FEET: THENCE N 00'39'35' E. A DISTANCE OF 100.00 FEET TO THE POINT -OF -BEGINNING. LEGEND ❑ FOUNO'4' X 4' CONCRETE MONUMENT O FOUND °5 REBAR l7 FIRE HYDRANT SANITARY SEWER MANHOLE ■ SET 4' X 4' CONCRETE MONUMENT • SET 05 REBAR (M) MEASURED D FOUND NAIL & DISC la PERMANENT REFERENCE MARK -w POWER POLE (P) PLAT 32( LIGHT POLE FOR GRAPHIC DEPICTION OF EXISTING SITE SEE SHEET 2 SHEET I OF 2 BOUNDARY SURVEY 03-070. V.E.M. 11-26-03. NO ENCROACHMENTS NOTED AT TIME OF SURVEY. THE SURVEY DEPICTED HEREON IS TRUE AND DATE: BEACH M A P P I N G MEETS THE MININUM TECHNICAL STANDARDS 04-30-04 ACCORDING TO CHAPTER 61 G17-6, FLORIDA A N D SCALE: ADMINISTRATIVE CODE PURSUANT TO FLORIDA SURVEYING STATUTES 177 AND 472. 1' = 20' 8010 N. ATLANTIC AVE. SUITE � Zn�POI�P.L. REF: 03-070 P.O. BOX 542 5 S. NO. 2787 JOB N0. : CAPE CANAVERAL, FLORIDA 32920 STATE OF FLORIDA 03-070A PHONE (321) 783-4174 FAX (321) 783-1058 Serving the Community May 10, 2004 Ed Gardulski, Public Works Director City of Cape Canaveral P.O. Box 326- Cape 26Cape Canaveral, FI 32920 Dear Mr. Gardulski: R E C E I V E LID City of Cocoa, Florida MAY 1 J 2004 UTILITIES / PUBLIC WORKS DEPARTMENT 600 School Street Cocoa, Florida 32922 PHONE (321) 639-7671 FAX (321) 639-7663 Re: Vacation of Public Right of Way known as Ridgewood Avenue As shown on Boundary Survey drawing no. 03-070 by Beach Mapping and Surveying Section 14, Township 24 s, Range 37 e The City of Cocoa's water main along Ridgewood Avenue is an 8". The City of Cocoa Utilities Department has no objection to the vacation of the referenced public right-of-way providing the following condition is met: The Developer /Owner will need to provide a 15' wide surveyed water and ingress/egress easement centered over the water line and appurtenances prior to the vacation of the above right- of-way. We are enclosing a copy of the City of Cocoa easement form. If you have any questions or require additional information, please call me at 321 639-7678 or email pturner@cocoafl.org. Sincerely, Peggy Turner Engineering Supervisor Enclosure: Water line easement form (1) Cc: Anthony Garganese Brown, Salzman, Weiss & Garganese, P.A. 225 East Robinson Street, Suite 660 P.O. Box 2873 Orlando, FI 32802-2873 X:\Users\pturner\EASEMENT\VACATION\RidgewoodAveatHarbou rHeights.doc WATER LINE & INGRESS/);GROSS EASEMENT `.[[IIS EASEMENT is made this day of by , whose address is (hereinafter referred to as the: "Grantor"), in favor of the City of Cocoa, Florida, a Florida municipal corporation, and it's successors and assigns, whose address is 603 Brevard Avenue, Cocoa, Florida 32922 (hereinafter referred to as the: "Grantee"). W I T N E S S E T Ii: That for and in consideration of Twenty Five Dollars ($25.00) and the mutual benefits, covenants and conditions herein contained, and certain other good and valuable considerations, the receipt and sufficiency all of which is hereby acknowledged, Grantor does hereby grant and convey unto the Grantee, its successors and assigns: 1) An easement (the "Water Line Easement") for repair., replaceAent, ingress, egress, disconnection from, connection to, and maintenance, in perpetuity of all Water lines, pipes; laterals, tees, and joints (the "Facilities"). The Water Line Easement shall be over, under and across the real property described in Exhibit "A", a copy of which is attached hereto and by this reference incorporated herein; and 2) An easement for ingress and egress to the Water Line Easement (t -he "Ingress/Egress Easement") across the real property described in Exhibit "B" attached hereto and by this reference incorporated herein. The rights herein granted to Grantee by Grantor specifically include, but are not limited to: (a) the right- of Grantee to control, disconnect from, connect to, inspect, alter, improve, repair, rebuild and remove said Facilities on the Water Line Easement; and (b) the right to cut, trim, and keep cldar such trees, brush, and undergrowth that might endanger the Facilities on the Water Line Easement. By delivery of this Water Line Easement, Grantor covenants not to interfere with the safe operation or maintenance of the Facilities within the Water Line Easement. All covenants, terms, provisions, and conditions herein contained shall inure and extend to and be obligatory upon the successors, lessees, and assigns of the respective parties hereto. TO HAVE AND TO HOLD the said Water Line & Ingress Egress Easement unto the Grantee and its successors and assigns forever. IPI WITNESS WHEREOF, , by and through its authorized , has executed this easement tbo day, month and year first set forth above. Signed, sealed and delivered in the presence of: WITNESS DY: WITNESS STATE OF FLORIDA COUNTY OF -President (Corporation Seal) The foregoing instrument was acknowledged before me this day of r _r by ' of _i a Florida corporation, of behalf evidence (circle did not of the with 1. one) as take an corporation. He/She An identification identification or b) oath. a) has produced satisfactory card/driver's license/passport is personally known by me and NOTARY PUBLIC State of Florida at Large my commission Expires: Meeting Type: Regular Meeting Date 08-03-04 AGENDA Heading CONSIDERATION Item 5 No. Grant funds should become available in the fall of 2004. AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: CONSIDERATION: PROPOSAL TO DESIGN STORMWATER BAFFLE BOXES FOR THE CENTER STREET, HOLMAN ROAD AND W. CENTRAL BLVD. OUTFALL AREAS DEPT./DIVISION: STORMWATER UTILITY Requested Action: City Council consider the proposal from Stottler, Stagg & Associates for the engineering design of stormwater baffle boxes located in the Center Street, Holman Road and W. Central Blvd. outfall areas in the amount of $48,830 as recommended by the public works director. Summary Explanation & Background: The total estimated project cost is $439,003, with the City receiving a stormwater grant in the amount of $263,402. Grant funds should become available in the fall of 2004. I recommend approval of this proposal with the appropriation from the stormwater utility fund. Exhibits Attached: Public Works Director's memo; SSA's Proposals City Mana ;w Office Department STORMWATER UTILITY cape- *do nts n\council\meetin4\2004\08-03-04\stormwater MEMORANDUM TO: Bennett C. Boucher City Manager FROM: Ed Gardulski Public Works Director DATE: July 19, 2004 SUBJECT: City Council Agenda Item August 3rd, 2004 SSA Design of Center Street, Holman Road, and Central Blvd Baffle Boxes The City of Cape Canaveral has been selected for a cost sharing agreement with SJRWMD for the fiscal years 2005. The agreement will allow up to $175,601 (40%) in cost sharing for the design and construction of three (3) Stormwater projects to be located at the end of Center Street, Holman Road and Central Blvd. The grant amount is $263,402 or 60% of the total project cost of $439,003. Attached is a proposal from Stottler Stagg & Associates (SSA) for the Design, Permitting and Construction Support of the three baffle boxed in the amount of $62,500. This amount is within the Grant proposed budget Task 1 & 2 in the amounts totaling $77,800 ($18,000 + $59,800). SSA proposal for Engineering Survey, Soil Investigation, Design and Permitting (Task 1,2,3, & 4) is for the amount of $51,830 ($62,500 less Construction support of $10,670). In addition, SSA is willing to discount their fee by $3,000 if all three baffle boxes are designed together for a total cost of $48,830. Center Street $19,500 less $3,430 = $16,070 Holman Road $22,000 less $3,620 = $18,380 Central Blvd $21,000 less $3,620 = $17,380 Sub Total $51,830 Less Discount $ 3,000 TOTAL $48,830 Recommend the approval of services from SSA in the amount of $48,830 for the proposal Tasks 1,2,3 & 4 to design baffle boxes for Center Street, Holman Road, Central Blvd. and the appropriation of the necessary funds. . Attachment CC: File PROJECT BUDGET: $439,003 GRANT FUNDING REQUESTED: $263,402 from 319(h) BUDGET BY ACTIVITY: PROJECT FUNDING ACTIVITY (Activity) Staff Travel Equipment Supplies Contractual (BMP Implementation/ /Design/Construction) Monitoring Public Education Other (draft and final reports) Post - Award Grant Administration TOTAL 319 $ AMOUNT MATCHING FUNDS By Source (Entity) 0 0 0 0 0 0 $263,402 $140,601 (CC SU) 0 $20,000 (CC SU) 0 $5,000 (CC SU) 0 $10,000 (CC SU) $263,402 $175,601 TOTAL PROJECTED COST: $439,003 % Match = 40% CC SU: Cape Canaveral Stormwater Utility BUDGET BY TASK: TASK Task 1: Survey Project Site Task 2: Engineering Design Task 3: Prepare, Send, Receive, Evaluate and Award Construction Bid Task 4: Construction of Stormwater Facilities Task 5: Post Award Grant Administration Task 6: Water Quality Monitoring Program Task 7: Education Component TOTAL TOTAL PROJECTED COST: CC = Cape Canaveral funds 319 (h) FUNDS NON FEDERAL MATCH 0 $18,000 (CC SU) 0 $59,800 (CC SU) 0 $3,000 (CC SU) $263,402 $59,80.1 (CC SU) 0 $10,000 (CC SU) 0 $20,000 (CC SU) 0 $5,000 (CC SU) $263,402 $175,601 % Match = 60% % Match = 40% $439,003 REMAINDER OF PAGE INTENTIONALLY LEFT BLANK 11 Julv 7- 2004 Mr. Ed Gardulski Public Works Director City of Cape Canaveral 105 Polk Avenue Cape Canaveral, FL 32920-0326 RE: SSA Fee Proposal for Design of Central Avenue Baffle Box Dear Ed: SSA Per your request, Stotticr Stagg & Associates, Architects, Engineers, Planners, Inc. (SSA) is pleased to present our fee proposal for design and construction services for the installation of a battle box at the western end of Central Avenue. This engineering work is proposed to support the City's Grant Application from the St. Johns River Water Management District (SJRWMD) and it is estimated that 3 to 4 months will be required for the design and installation once a City Purchase Order is issued. The proposed baffle box will be installed in the pavement area of Central Avenue. Maintenance of traffic for the existing residential homes will be part o the design. SSA's specific scope of services includes the following: SSA SCOPE OF SERVICES Task I — Field Surveys: SSA will perform field design surveys for the installation of the baffle box. It is not anticipated that rights-of-way will be acquired by the City for this work, but some contractor storage may be required on Cite property (ie.. nearby parks or public works). Task 2 — Soil Investigations by Others: For this task a geotechnical firm will provide both ground water and soil boring capacities for the baffle box installation. The geotechnical firm will invoice the Cit\, directly for -their work. Task 3 — Engineering Design: SSA will prepare design drawings and a bid package for the installation of the baffle box. The size of the outfall culvert will require MOT designs for the roadway. Design N,vork. will be coordinated with the existing FDOT storm drain line and their record drawings will be used in this design. An Engineer's Estimate of Probable Construction Costs will be included in this task. Task 4 — Permit Applications: As a part of the work SSA will coordinate with the Florida Department of Transportation (FDOT) and the SJRWMD. Regulatory permit applications may not be needed as was the case for International Drive's baffle box. If permit applications are required this will be performed by SSA as an additional service. Application fees will be then paid for by the City. SSA's work will include one (1) request for additional information from each agency if permit work is performed. Task 5 — Construction Support: SSA will support the City with coustruction serVlcCS that will include: • Review of contractor bids • Attend pic-construction meeting STOTFLER STAGG & ASSOCIATES ARCHITECTS . ENGINEERS . PLANNERS, INC. 8680 [Porth Atlantic Avenue P. O. Box 1630 Cape Canaveral, Florida 32920 Tel 321-7831320 Fax 321-783-7065 Lie. #AAC000329 #EB0000762 #LB0006700 j_Acivil\projects\proposal\city of cape canaveral\p-central ave doc Mr. Ed Gardulski July 7, 2004 Page 2 SSA Fee Proposal — Central Avenue Baffle Box • Perform construction observations • Recommend approval of contractor draws • Certification of completed work SCHEDULES AND FEES Schedules: Upon receipt of a City Purchase Order, SSA will begin work immediately. Approximately forty-five (45) working days are estimated to complete the designs and bid package. This schedule will allow for field work and City review time of preliminary drawings. Fees: SSA will perform Tasks 1, 3, 4 and 5 for a lump sum fee of $21,000.00. (Task 2 will be invoiced directly to the City from the selected Geotechnical Firm.) Print costs for ten (10) sets of drawings and permit applications are included in the above fee. Additional print requests will be billed to the City at SSA's cost plus a 15°/0 mark-up. Fees will be invoiced once a month based on a percentage of work completed and will be due within 30 days of receipt. The City of Cape Canaveral and SSA respectively bind themselves, their partners. successors, assigns and legal representative to the other party to this Agreement and to the partners, successors, assigns, and legal representatives of such other party with respect to all covenants to this Agreement. Neither the City of Cape Canaveral nor SSA shall assign, sublet or transfer any interest in this Agreement without the written consent of the other. The terms and conditions of this proposal are effective through September 15, 2004. Acceptance after this date may necessitate increased fees or altered conditions. Ed, we are looking forward to working with the City on this project. Sincerely, ACCEPTANCE: Stottler Stagg & Associates Architects, Engineers, Planners, Inc. I- 'JUZ7j�_ John A. Pekar, PE Vice President JAP:jIs cc: Bennett Boucher j \civil\projects\proposal\city of cape canaveral\p-central ave.doc M. TITLE: DATE: W CF- C ''F- ^ 1V / W w W O a z a y o 0 0 0 0 Y m w n O lc OM1 3 M O N N N N N N N O O O O O O O O O O O O O O O O �O t0 <D fD N tV O O V 3 A ti O O Ifj IM t tN0 y? A V m E M M <.c N N N N N N N N N y .0 i. •� 'V N N Ln N V tD Q 3 0 0 o p d o 0 o p V„ o 0 0 0 0 0 o v v p v m � 3 ER sNrr aNn ERN ERN ERN ER N N N `p O O O p O O O p Ol 2 m ( wm {p co N V u> Vi N EA N ER N ER N ER N C A J • � N = �� N N o o O o � N LL' O OO O O O O O O in O O O O O O O O O C a0+ O O O O O .N O N � to ERN ERN 4N? (A N ER 6M9 O U2 V R O � N N O O O O = M O O O co N N � ti N N N V EA EA N ER N ER N ER N ER N O d �j N O O N N V O t0 = 000 00 00 0 �,� w...+co Cl N N 00 m m 00 Il -N 0 CO C m co co O N to N t0 o C 11J N ERN EH N ERN ERN 64 r N V N d N O O 00 O O O M O Z a00 O O O O O O O O m O O OO O O O v� v co mM m In rnM v1 n v V b9 to N ERN ERN ERN E rl bq d O S In Y Y Y Y Y F H F H H a a a a a 0 0 0 0 0 in m a)m In m N N cn N N LLL L W O M O 00 0 U O N N G y CO w G N m C 'o O d N � 7 Q y T O d 2 F- H a m O . o 0 N ` m LL j v 0 � o m g = 3 G G o U Q k Z o W D 2ca V o F r- UJ .N ,1c y y Oo y y O m N N O tp F� O U IyQ I-- > to N July 7, 2004 Mr. Ed Gardulski Public Works Director City of Cape Canaveral 105 Polk Avenue Cape Canaveral, FL 32920-0326 RE: SSA Fee Proposal for Design of Holman Avenue Baffle Box Dcar Ed: SSA Per your request. Stottler Stagg & Associates, Architects- Engineers, Planners, Inc. (SSA) is pleased to present our fee proposal for design and construction services for the installation of a baffle box at Holman Avenue. This engineering work is proposed to support the City -s Grant Application from the St. Johns Rivcr Water Management District (SJRWMD) and it is estimated that 3 to 4 months will be required for the design and installation once a City Purchase Order is issued. The proposed baffle box will be installed in a Cite casement area (south of Holman Avenue). SSA's specific scope of services includes the following: SSA SCOPE OF SERVICES Task 1 — Field Surveys: SSA will perforin field topographic design and location survcvs for the installation of the baffle box. In placing and constructing the baffle box, it may_ be necessary to obtain additional easements (or right-of-wav) widths. This design criteria will be established at an early engineering phase- and if necessary, the City_ will coordinate with property owners for anv needed easements. Task 2 — Soil Investigations by Others: For this task a geotechnical firm will provide both ground water and soil boring capacities for the baffle box installation. The geotechnical firm will invoice the City directly for their work. Task 3 — Engineering Design: SSA will prepare design drawings and a bid package for the installation of the baffle box. The size of the outfall culvert will require a fairly large easement area for installation and contractor staging. The box will be designed in sections and it is anticipated that a crane will be required to place the box. Design work will be coordinated with the existing FDOT storm drain line and their record drawings will be used in this design. An Engineers Estimate of Probable CORARICUOn Costs will be included in this task. Task 4 — Permit Applications: As a part of the work SSA will coordinate with the Florida Department of Transportation (FDOT) and the SJRWMD. Regulatory permit applications may not be needed as was the case for International Drives baffle box. If permit applications are required, this w ill be performed by SSA as an additional service. Application fees will be then paid for by the City. SSA's work will include one (1) request for additional information from each agency if permit work is performed. Task 5 — Construction Support: SSA will support the City with construction services that will include: • Review of contractor bids • Attend pre -construction meeting SI'OTTLF,R STAGG & ASSOCIATES ARCHITECTS . ENGINEERS . PLANNERS, INC. 8680 North Atlantic Avenue P. O. Box 1630 Cape Canaveral, Florida 32920 Tel 321-783-1320 Fax 321-783-7065 Lic. #AAC000329 #EB00t)0762 #LB0006700 I Acivil\projects\proposal\city of cape canaverahp-holman drive baffle box_doc Mr. Ed Gardulski July 7, 2004 Page 2 SSA Fee Proposal —Holman Avenue Baffle Box • Perform constriction observations • Recommend approval of contractor draws • Certification of completed work SCHEDULES AND FEES Schedules: Upon receipt of a City Purchase Order, SSA will begin work immediately. Approximately forty-five (45) working days are estimated to complete the designs and bid package. This schedule will allow for field work and City review time of preliminary drawings. Fees: SSA will perform Tasks 1, 3, 4 and 5 for a lump sum fee of $22,000.00. (Task 2 will be invoiced directly to the City from the selected Geotechnical Firm.) Print costs for ten (10) sets of drawings and permit applications are included in the above fee. Additional print requests will be billed to the Citv at SSA's cost plus a 15% mark-up. Fees will be invoiced once a month based on a percentage of work completed and will be due within 30 days of receipt. The City of Cape Canaveral and SSA respectively bind themselves, their partners, successors, assigns and legal representative to the other party to this Agreement and to the partners, successors, assigns, and legal representatives of such other party with respect to all covenants to this Agreement. Neither the City of Cape Canaveral nor SSA shall assign, sublet or transfer any interest in this Agreement without the written consent of the other. The terms and conditions of this proposal are effective through September 15. 2004. Acceptance after this date may necessitate increased fees or altered conditions. Ed, we are looking forward to working with the City on this project. Sincerely, ACCEPTANCE: Stottler Stagg & Associates Architects, Engineers, Planners, Inc. �C/ &�' r(— John A. Pekar, PE Vice President JAP:jIs cc: Bennett Boucher I \civil\projects\proposal\city of cape canaveral\p-holman drive baffle box.doc i TITLE: DATE: y O O O O O Y N 00 tD N O t0 h• O 11� t0 O N N ZZ N H H H H H O O O O O O O O O .00.00 M M NN 7 M= m E 1� N O O N N " M t0 M Q Q H H H H H H H H H N _ L (0 tD O O 0 0 O � 0 L Q d O O O O 1p6 v vv 64 N N Ui H Ni H EA M ER H EA N H 7 y � Z N 0 0 0 0 O` 0 0 0 0 m Ac v°� v Z �� Olt 7 N N N N H a V3 H en N b9 H fA H EA H H c co J • 0) _ O O O O O O O O � O O O O O O O O U� m In 0 0 LO N O LO O W) O O O N to H 14- 0 0 0 0 0 0 0 ID wti •N m m y L( {� N U Hi H H (H H eR H b4 H � y H O a` a O O O N N V O l0 0 00 00 oe o y N 000 N_ N_ m O� fl -co C A 2 00 cc lc l0 W V) lA H fR H b4 H yg H EHvilH V d •0 ` = O O O N O O O O O M O M O O O O O O O O O O O O O O O O O w wrn v^ mm co M LO CP -n Q) r. - O U b9 (H fH H V3 H ER H to VIIH d O Y Y Y Y Y H r H F h a a a a a 0 0 0 0 0 m m m In m m N N N N E N — t/ W 0 0O O U � C m y � (n i O N ... m � O N U zr; t6 Q U 0 = CO N 2 m � .0 y m G 3 N c O U J Q Z R p i y �•" Lo N C d712 F CD m m-°' m 0) m� ro o ro> _, U- h o . I� p F. U h to cn O O 0 0 0 Cl) N N ��[ H July 7. 2004 Mr. Ed Gardulski Public Works Director Cite of Crape Canaveral 10� Poll< Avenue Cape Canaveral, FL 32920-0326 RE: SSA Fee Proposal for Design of Center Street Baffle Box Dear Ed: Per vour request. Stottler Stagg & Associates_ Architects_ Engineers.. Planners, Inc. (SSA) is pleased to present our fee proposal for design and construction services for the installation of a baffle box at Center Street. At present, substantial condominium work is taking place at the western end of Center Street. By designing and constructing this baffle box now, less impact to the infrastructure will result. This engineering work is proposed to support the City's Grant Application from the St. Johns River Water Management District (SJRWMD) and it is estimated that 3 to 4 months will be required for the design and installation once a Citv Purchase Order is issued. The proposed baffle box will be installed in a proposed landscape area at the western end of Center Street. SSA's specific scope of services includes the following: SSA SCOPE OF SERVICES "Task 1 — Field Surveys: SSA will perform field design surveys for the installation of the baffle box. It is not anticipated that rights-of-way will be acquired by the City for this work, but that the box can tit in the existing road right-of-way. If additional easements are required this work will be performed by the City. Task 2 — Soil Investigations by Others: For this task a geotechnical firm will provide both ground water and soil boring capacities for the battle box installation. The geotechnical firm will invoice the Citv directly for their work. Task 3 — Engineering Design: SSA will prepare design drawings and a bid package for the installation of the baffle box. Design work will be coordinated with the existing FDOT storm drain line and their record drawings will be used in this design. An Engineer's Estimate of Probable Construction Costs will be included in this task. Task 4 — Permit Applications: As a part of the work SSA will coordinate with the Florida Department of Transportation (FDOT) and the SJRWMD. Regulator permit applications may not be needed as was the case for International Drive's baffle box. If permit applications are required. this will be performed by SSA as an additional service. Application fees will be then paid for by the City. SSA's work will include one (1) request for additional information from each agency if permit work is performed. Task 5 — Construction Support: SSA will support the City with construction services that will include: • Rcvicvw of contractor bids • Attend pre -construction meeting STOTTLF,R STAGG & ASSOCIATES ARCHITECTS . ENGINEERS . PLANNERS, INC. 8680 North Atlantic Avenue P. O. Box 1630 Cape Canaveral, Florida 32920 Tel 321-7831320 Fax 321-783-7065 Lia #AAC000329 #EB0000762 #LB0006700 j:Acivil\projects\proposal\city of cape Canaveral\p-center street baffle box dor; Mr. Ed Gardulski July 7, 2004 Page 2 SSA Fee Proposal — Center Street Baffle Box • Perform constriction observations • Recommend approval of contractor draws • Certification of completed work SCHEDULES AND FEES Schedules: Upou receipt of a City Purchase Order, SSA will begin work immediately. Approximately forty-five (45) working days are estimated to complete the designs and bid package. This schedule will allow for field work and City review time of preluninary drawings. Fees: SSA will perform Tasks 1, 3, 4 and 5 for a lump sum fee of $19,500.00. (Task 2 will be invoiced directly to the City from the selected Geotechnical Firm.) Print costs for ten (10) sets of drawings and permit applications are included in the above fee. Additional print requests will be billed to the City at SSA's cost plus a 1.5% mark-up. Fees will be invoiced once a month based on a percentage of work completed and will be due within 30 days of receipt. The Citv of Cape Canaveral and SSA respectively bind themselves, their partners, successors, assigns and legal representative to the other party to this Agreement and to the partners, successors, assigns, and legal representatives of such other party with respect to all covenants to this Agreement. Neither the City of Cape Canaveral nor SSA shall assign, sublet or transfer any interest in this Agreement without the written consent of the other. The terms and conditions of this proposal are effective through September 15. 2004. Acceptance after this date may necessitate increased fees or altered conditions. Ed, we are looking forward to working with the CAN, on this project. Sincerely, ACCEPTANCE: Stottler Stagg & Associates Architects, Engineers, Planners, Inc. BY: _ John A. Pekar, PE Vice President TITLE: JAP:jIs cc: Bennett Boucher I Uvil\projects\proposal\city of cape canave ral\p-center street baffle box_doc DATE: LW Cr W C N w W O a z L N N 0 C, U O T ami ti'i p m � v 'o c H Fca J F 0 0 LU O CLK OL N O O O O O O O O O O y 10 W t0 tV O tt) N O t9 t• to to N H Vs fR vi fA 0 0 0 0 0 0 0 0 w q0 t0 t0 N N O O N O 'Z m E to to aO W M M aQ b4 b/f —M Vi (A N fR f9 •�T (D t0 O O O tD N N m V N to, C.> N Q 3 0 0 ` 0 C, 0 o p U 0 0 0 0 � 0 0 0 0 N N tV � fA vi Vi ER fi! ER di ER Vs fH vi � N � 2 N `p O O O p O O O O m C6 co pp N co O O VZ K V W nj in V tR ER V! 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AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: ORDINANCE NO. 14-2004, ANNEXATION OF THE AVON -BY -THE -SEA AREA DEPT./DIVISION: LEGISLATIVE Requested Action: City Council consider the adoption of Ordinance No. 14-2004, the annexation of the Avon -By -The -Sea area referendum question for the November 2004 ballot. Summary Explanation & Background: The proposed ordinance provides for the referendum question language for the registered electors of said annexation area and the City of Cape Canaveral to consider. Once this ordinance is adopted, staff will conduct a public education campaign. The recommended effective date of the ordinance is October 1, 2005 to coincide with our annual budget and to have a transition period for the residents in the annexation area and to address land issues. Exhibits Attached: Ordinance No. 14-2004 City Ma ey's Office Department LEGISLATIVE 'u p-nT'Ckim\mydoc ents n\council\meeting\LUU4\U8-U3-U4\14-ZUU4.Coe ORDINANCE NO. 14-2004 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, FLORIDA, PROPOSING TO ANNEX REAL PROPERTY GENERALLY LOCATED FROM GRANT AVENUE TO YOUNG AVENUE AND STATE ROAD AlA TO THE ATLANTIC OCEAN, AND OTHERWISE KNOWN AS WINSLOW BEACH AND AVON -BY -THE -SEA AREAS OR THE UNINCORPORATED AREA LYING BETWEEN THE CITIES OF CAPE CANAVERAL AND COCOA BEACH ALL OF WHICH IS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A"; PROVIDING FOR THIS ORDINANCE TO BE SUBMITTED TO A VOTE OF THE REGISTERED ELECTORS OF THE AREA PROPOSED TO BE ANNEXED AND TO A SEPARATE VOTE OF THE REGISTERED ELECTORS OF THE CITY OF CAPE CANAVERAL; PROVIDING FOR THE AMENDMENT OF THE CAPE CANAVERAL CHARTER, ARTICLE I, SECTION 2, TO INCORPORATE THE SUBJECT REAL PROPERTY INTO THE CITY BOUNDARIES IF THE ANNEXATION IS APPROVED BY MAJORITY VOTE OF BOTH SETS OF REGISTERED ELECTORS AT A DULY HELD REFERENDUM; PROVIDING FOR THE FILING OF THE REVISED CAPE CANAVERAL CHARTER WITH THE DEPARTMENT OF STATE UPON SAID APPROVAL; PROVIDING FOR REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS, SEVERABILITY, AND FOR A CONTINGENT EFFECTIVE DATE. WHEREAS, the City of Cape Canaveral is primarily a residentially developed city encompassing all but a small portion of a housing tract or subdivision known as Avon -By -The -Sea; and WHEREAS, the subject area also includes a commercial corridor along the eastern side of State Road AlA, which under county jurisdiction has resulted in inconsistent land use and zoning requirements with properties across the street and in the City's jurisdiction, creating confusion for residents and guests alike, and diminishing the City's ability to provide a minium quality of life for its citizens; and WHEREAS, the majority of the subject area has developed in a pattern very similar to that of the City of Cape Canaveral; and WHEREAS, annexing the subject real property will square the south boundary of the city, City of Cape Canaveral Ordinance No. 14-2004 Page I of 4 provide uniform land use controls along both sides of State Road AIA, and create an identifiable southern gateway feature, and WHEREAS, in the best interest of the public health, safety, and welfare of the citizens of Cape Canaveral, the City Council of the City of Cape Canaveral desires to annex the real property more particularly described below into the municipal boundaries of the City of Cape Canaveral; and WHEREAS, this annexation shall be pursuant to the annexation procedures contained in Section 171.0413, Florida Statutes; and WHEREAS, the City Council has determined that the subject real property meets the criteria in section 171.043, Florida Statutes, in that it is reasonably compact and contiguous with the boundaries of the City of Cape Canaveral and will not create an enclave; and WHEREAS, this annexation is in compliance and consistent with the goals and objectives of the City of Cape Canaveral Comprehensive Plan, Charter, and City Code; and WHEREAS, if this Ordinance becomes effective pursuant to the procedures in Section 171.0413, Florida Statutes, the municipal boundary lines of the City of Cape Canaveral, contained in Cape Canaveral Charter, Article I, Section 2, shall be redefined to include the subject real property. BE IT ORDAINED by the City Council of the City of Cape Canaveral, Brevard County, Florida as follows: Section 1. Annexation of Real Property. The City Council hereby desires and proposes to annex the area of real property, which is more particularly described on the map attached hereto as Exhibit "A", contingent upon the approval of the registered electors of the area of real property proposed to be annexed and the approval of the registered electors of the City of Cape Canaveral. Approval or disapproval of the annexation shall be put to a vote of said registered electors by referendum duly held as soon as practicable at a special or general election. Exhibit "A" is hereby fully incorporated herein by this reference. Section 2. Referendum Election. The City Council hereby calls a referendum to be conducted in the area of the real property proposed to be annexed by this Ordinance and within the City of Cape Canaveral. The referendum shall be at the expense of the City of Cape Canaveral and held as soon as practicable at a special or general election thereafter. The referendum shall not be held sooner than 30 days following the final adoption of this Ordinance. Section 3. Annexation Ballot Question. Concurrent with the scheduled election stated in Section 2 herein, the following question shall be placed on the ballot for consideration by the registered electors of the area of real property proposed to be annexed by this Ordinance and the registered electors of the City of Cape Canaveral. The question shall follow the placement on the ballot of any candidates running for elected office, if any. The caption and question shall be worded City of Cape Canaveral Ordinance No. 14-2004 Page 2 of 4 substantially as follows: CITY OF CAPE CANAVERAL ANNEXATION WINSLOW BEACH AND PORTION OF AVON -BY -THE -SEA AREAS Shall the City of Cape Canaveral annex the area of real property generally located from Grant Avenue to Young Avenue and State Road A 1 A to the Atlantic Ocean, as that property is legally described in Ordinance 14-2004 of the City of Cape Canaveral, Florida, effective upon approval by a majority vote of the registered electors of that property and by majority vote of the registered electors of the City of Cape Canaveral? ❑ Yes - - For annexation of property described in Ordinance Number 14-2004 of the City of Cape Canaveral, Florida. ❑ No - - Against annexation of property described in Ordinance Number 14-2004 of the City of Cape Canaveral, Florida. Section 4. Coordination with Supervisor of Elections. The City Clerk is hereby authorized and directed to instruct and coordinate with the Supervisor of Elections of Brevard County to include the above-described question on the ballot for the area of real property proposed to be annexed by this Ordinance and on the ballot for the City of Cape Canaveral. Section 5. City Boundaries Redefined; Cape Canaveral Charter Amended. Pursuant to Section 166.031(3), Florida Statutes, and Section 171.091, Florida Statutes, the City of Cape Canaveral Charter, Article I, Section 2, shall hereby be amended to redefine the corporate boundaries of the City of Cape Canaveral to include the area of real property described in Section 1 of this Ordinance, providing the annexation is approved by a majority vote of the registered electors Pursuant to the referendums called and conducted pursuant to this Ordinance. The City Clerk shall file the revised Cape Canaveral Charter, Article 1, Section 2, with the Department of State within thirty (30) days upon said approval; otherwise, if the annexation is not approved by the either set of registered electors, then the City Clerk shall not file the revision of the Cape Canaveral Charter. Section 6. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior inconsistent ordinances and resolutions adopted by the City Council, or parts of prior ordinances and resolutions in conflict herewith, are hereby repealed to the extent of the conflict. Section 7. Severability. Should any section or provision of this Ordinance, or any portion hereof, any paragraph, sentence, or word be declared by a Court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereto as a whole or part thereof to be declared invalid. Section 8. Whereas Recitals. The aforementioned "whereas" recitals are hereby fully incorporated herein by this reference as legislative findings of the City Council of Cape Canaveral. Section 9. Effective Date. This Ordinance shall become effective immediately upon City of Cape Canaveral Ordinance No. 14-2004 Page 3 of 4 adoption by the City Council of the City of Cape Canaveral, Florida, however, the annexation proposed by this Ordinance shall become effective on October 1, 2005 only if the proposed annexation receives approval by a majority vote of the registered electors of the area of real property proposed to be annexed by this Ordinance and a majority vote of the registered electors of the City of Cape Canaveral ADOPTED by the City Council of the City of Cape Canaveral, Florida, in a regular meeting assembled on the day of ATTEST: 2004. ROCKY RANDELS Mayor SUSAN STILLS Bob Hoog City Clerk Steve Miller Jim Morgan Rocky Randels Approved as to legal form and sufficiency Richard Treverton for the City of Cape Canaveral only: Anthony A. Garganese, City Attorney First Reading: Second Reading: Effective Date: City of Cape Canaveral Ordinance No. 14-2004 Page 4 of 4 For Against Meeting Type: Regular Meeting Date: 08-03-04 AGENDA Heading Resolutions Item 7 No. AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: RESOLUTION NO. 2004-25, ADOPTING A TENTATIVE PROPOSED MILLAGE RATE FOR THE 2004/2005 FISCAL YEAR DEPT./DIVISION: LEGISLATIVE RESOLUTION NO. 2004-25 A RESOLUTION OF THE CITY OF CAPE CANAVERAL OF BREVARD COUNTY, FLORIDA, ADOPTING A TENTATIVE PROPOSED MILLAGE RATE FOR THE LEVY OF AD VALOREM TAXES FOR FISCAL YEAR 2004/2005 ON ALL TAXABLE PROPERTY LOCATED WITHIN THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the electors approved in the 1985 referendum election the construction, maintenance and operation of a library by ad valorem taxes; and WHEREAS, the electors approved in the 1986 referendum election the imposition of ad valorem taxes for beautification projects; and WHEREAS, the electors approved in the 1990, 1994 and 2001 referendum elections the imposition of ad valorem taxes for Fire/Rescue Services; and WHEREAS, the electors approved in the 1990, 1994 and 2002 referendum elections the imposition of ad valorem taxes for Police Protection; and WHEREAS, the City wishes to impose said ad valorem taxes. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Cape Canaveral, Brevard County, Florida, as follows: Section 1. The total millage for all City operating purposes is 3.3740 mills on the dollar of taxable value for the 2004/2005 fiscal year for the City of Cape Canaveral, Florida. This millage is a 12.09% increase from the rolled back rate of 3.0101. Section 2. The City of Cape Canaveral, Brevard County, Florida, hereby adopts and imposes a tentative proposed millage rate of .3680 mill for the Beautification Dependent City of Cape Canaveral, Florida Resolution No. 03-29 Page 2 Special District, as approved in the 1986 referendum election. This tentative proposed ad valorem tax shall be levied upon the 2004 Tax Assessment Roll for ad valorem tax on all taxable property located within the City of Cape Canaveral and is to be used for the City's fiscal year beginning October 1, 2004 and ending September 30, 2005. Section 3. The City of Cape Canaveral, Brevard County, Florida, hereby adopts and imposes a tentative proposed millage rate of .0500 mill for the Library Dependent Special District, as approved in the 1985 referendum election. This tentative proposed ad valorem tax shall be levied upon the 2004 Tax Assessment Roll for ad valorem tax on all taxable property located within the City of Cape Canaveral and is to be used for the City's fiscal year beginning October 1, 2004 and ending September 30, 2005. Section 4. The City of Cape Canaveral, Brevard County, Florida, hereby adopts and imposes a tentative proposed millage rate of 1.2060 mills for Fire/Rescue Service General Operating Millage, as approved in the 1990, 1994 and 2001 referendum elections. This tentative proposed ad valorem tax shall be levied upon the 2004 Tax Assessment Roll for ad valorem tax on all taxable property located within the City of Cape Canaveral and is to be used for the City's fiscal year beginning October 1, 2004 and ending September 30, 2005. Section 5. The City of Cape Canaveral, Brevard County, Florida, hereby adopts and imposes a tentative proposed millage rate of 1.7500 mill for Police Protection General Operating Millage, as approved in the 1990, 1994 and 2002 referendum elections. This tentative proposed ad valorem tax shall be levied upon the 2004 Tax Assessment Roll for ad valorem tax on all taxable property located within the City of Cape Canaveral and is to be used for the City's fiscal year beginning October 1, 2004 and ending September 30, 2005. Section 6. This Resolution shall become effective immediately upon its adoption. CADocuments and Settings\bennettb\Local Settings\Temporary Internet Files\OLK3\RES#04-25 Tentative Proposed Millage .doc City of Cape Canaveral, Florida Resolution No. 03-29 Page 3 ADOPTED BY the City Council of the City of Cape Canaveral, Brevard County, Florida, this 3rd day of August, 2004. ATTEST: Susan Stills, City Clerk Approved as to Form: Anthony A. Garganese, City Attorney Rocky Randels, Mayor Name For Against Robert Hoog Steve Miller James Morgan _ Rocky Randels _ Richard Treverton CADocuments and Settings\bennettb\Local Settings\Temporary Internet Files\OLK3\RES#04-25 Tentative Proposed Millage .doc