HomeMy WebLinkAboutP & Z-7/14/2004-Easements on Harbor Dr.CITY OF CAPE CANAVERAL
BUILDING DEPARTMENT
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: Todd Morley
Building Official
TO: Todd Peetz
City Planner
FROM: Ed Gardulski
Public Works Director
DATE: July 2, 2004
SUBJECT: Planning and Zoning Board Agenda Item for July 14, 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. 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 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 3`d
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.
After review and recommendation from the Planning and Zoning Board, this Easement
Agreement will be presented to the City Council and shall be recorded in public records after
approval.
Recommend the approval the above stated Easement Agreement.
Attachment
CC: File
Prepared by and return to:
Tony Hemandez, III, Esquire
Law Offices of Tony Hernandez, P.A.
6550 N. Atlantic Avenue
Cape Canaveral, Florida 32920
(321) 799-3971
EASEMENT
THIS EASEMENT is made this day of June, 2004 by David W.
Eppley and Michaelyn Eppley, whose address is 396 Harbor Drive, Cape
Canaveral, Florida 32920, located in Brevard County, Florida ("Grantors"), 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, Grantors are the fee simple owners of certain real
property located within the City of Cape Canaveral, Florida, on which the
Grantee desires to acquire a utility easement and emergency access
easement for the purposes described herein; and
WHEREAS, under the terms and conditions stated herein, the
Grantors desire 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 Grantors hereby agree as follows:
Section 1. Incorporation of Recitals. The foregoing recitals are hereby
incorporated herein by this reference.
Section 2. Grant of Easement. Grantors hereby voluntarily grant, sell and
convey unto the Grantee, its successors and assigns, a 10 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.
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 Tines, and the right to transit 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 perpetual right of the Grantee or its designee or franchisee
to utilize this Easement as an emergency access, allowing
emergency vehicles, including but not limited to fire trucks,
EMS vehicles, police vehicles and any other vehicle necessary
within the described Easement.
c. 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 Paragraphs A and B,
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 Grantors' lands over the
easement area.
d. 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 Grantors' remaining lands or
unreasonably interfere with the ability of Grantors or its heirs,
administrator, successors and assigns to conduct business.
e. This easement shall be non-exclusive and subject to the right
of Grantors 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 or franchisee, including but not limited to
Grantors placing items within the easement area and allowing
Grantors and others to lawfully cross said easement area.
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, including emergency vehicle access,
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: GRANTORS:
Witness
Printed Name
Witness
Printed Name
STATE OF FLORIDA
COUNTY OF BREVARD
DAVID W. EPPLEY
MICHAELYN EPPLEY
HEREBY CERTIFY that on this day, before me, an officer duly
authorized in the State and County aforesaid to take acknowledgements,
personally appeared DAVID W. EPPLEY and MICHAELYN EPPLEY on to me
known personally or who produced
identification, to be the persons described in and who executed the foregoing
instrument and they acknowledged before me that they executed the same for
the purposes set forth herein, and they did/did not swear an oath.
WITNESS my hand and official seal in the State and County last
aforesaid this day of June, 2004.
NOTARY PUBLIC, State of
My Commission Number:
My Commission Expires:
EXHIBIT "A"
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 South 89 degrees 20
minutes 25 seconds East along the northerly line of said Harbor Heights, Third
Addition, and along the northerly line of Unimproved Ridgewood Avenue as
depicted on said recorded Plat, a distance of 30.00 feet to the Point -of -
Beginning; thence continue South 89 degrees 20 minutes 25 seconds East
along said lines, a distance of 10.00 felt more or less to the centerline of
Unimproved Ridgewood Avenue as depicted on said recorded Plat; thence
South 00 degrees 39 minutes 35 seconds West along the centerline of
Unimproved Ridgewood Avenue as depicted on said recorded Plat a distance
of 100.00 feet more or Tess to a point; thence North 89 degrees 20 minutes 25
seconds West a distance of 10.00 feet to a point; thence North 00 degrees 39
minutes 35 seconds East, parallel to the centerline of Unimproved Ridgewood
Avenue as depicted on said recorded Plat, a distance of 100.00 feet more or
Tess to the Point -of -Beginning. (Being also described as the Easterly 10.00
feet of the West one-half of vacated Ridgewood Avenue lying between the
prolongation easterly of the North and South lot lines of Lot 100, Harbor
Heights, Third Addition, Plat Book 15, Page 81, Public Records of Brevard
County, Florida.)
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General Parcel Information for 24-37-14-02-00000.0-0100.00
396 HARBOR DR, CAPE CANAVERAL, FL 32920
* Site address assigned by the Brevard County Address Assignment Office for mailing purposes; may not reflect community location of property.
Owner Information
Value Summary for 2003
Legal Description
110
2429601
Plat
Book/Page:
0015/0081
HARBOR
HGTS 3RD
ADDN
LOT 100 &
13 FT ADJ
ONNAS
DESC IN
ORB 2860 PG
442
View Plat (requires Adobe Acrobat Reader -
file size may be large)
Land Information
** This is the value established for ad valorem purposes in accordance w th s.193.011(1) and (8), Florida Statutes. This
value does not represent anticipated selling price for the property.
Sales Information
4623/1371 6/2002
2388/0662 9/1982.
2295/0574 4/1981
t 75,000 LWD
$29,0001 WD
$32,0001
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Prepared by and retum to:
Tony Hemandez, III, Esquire
Law Offices of Tony Hernandez, P.A.
6550 N. Atlantic Avenue
Cape Canaveral, Florida 32920
(321) 799-3971
EASEMENT
THIS EASEMENT is made this day of June, 2004 by
T. Lee and Rhonda Lee, whose address is 400 Harbor Drive, Cape Patrick
Canaveral, Florida 32920, located in Brevard County, Florida ("Grantors"), 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, Grantors are the fee simple owners of certain real
property located within the City of Cape Canaveral, Florida, on which the
Grantee desires to acquire a utility easement and emergency access
easement for the purposes described herein; and
WHEREAS, under the terms and conditions stated herein, the
Grantors desire 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 Grantors hereby agree as follows:
Section 1. Incorporation of Recitals. The foregoing recitals are hereby
incorporated herein by this reference.
Section Grant of Easement. Grantors hereby voluntarily grant, sell and
convey unto the Grantee, its successors and assigns, a 10 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.
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 transit 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 perpetual right of the Grantee or its designee or franchisee
to utilize this Easement as an emergency access, allowing
emergency vehicles, including but not limited to fire trucks,
EMS vehicles, police vehicles and any other vehicle necessary
within the described Easement.
c. 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 Paragraphs A and B,
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 Grantors' lands over the
easement area.
d. 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 Grantors' remaining lands or
unreasonably interfere with the ability of Grantors or its heirs,
administrator, successors and assigns to conduct business.
e. This easement shall be non-exclusive and subject to the right
of Grantors 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 or franchisee, including but not limited to
Grantors placing items within the easement area and allowing
Grantors and others to lawfully cross said easement area.
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, including emergency vehicle access,
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: GRANTORS:
Witness PATRICK T. LEE
Printed Name By HAROLD BISTLINE under
Power of Attorney dated
Witness
Printed Name
RHONDA LEE
STATE OF FLORIDA
COUNTY OF BREVARD
1 HEREBY CERTIFY that on this day, before me, an officer duly
authorized in the State and County aforesaid to take acknowledgements,
personally appeared PATRICK T. LEE, by and through HAROLD BISTLINE
under Power of Attorney and RHONDA LEE on to me known personally or
who produced as identification, to be the
persons described in and who executed the foregoing instrument and they
acknowledged before me that they executed the same for the purposes set
forth herein, and they did/did not swear an oath.
WITNESS my hand and official seal in the State and County last
aforesaid this day of June, 2004.
NOTARY PUBLIC, State of
My Commission Number:
My Commission Expires:
EXHIBIT "A"
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 South 89 degrees 20
minutes 25 seconds East along the northerly line of said Harbor Heights, Third
Addition, and along the northerly line of Unimproved Ridgewood Avenue as
depicted on said recorded Plat, a distance of 40.00 feet to the Point -of -
Beginning; thence continue South 89 degrees 20 minutes 25 seconds East
along said lines, a distance of 10.00 feet more or less to a point; thence South
00 degrees 39 minutes 35 seconds West a distance of 100.00 feet more or
less to a point; thence North 89 degrees 20 minutes 25 seconds West a
distance of 10.00 feet to a point which is the Southeast comer of easement
granted by David W. Eppley and Michaelyn Eppley, his wife, to the City of
Cape Canaveral, Florida and the centerline of vacated Unimproved
Ridgewood Avenue; thence North 00 degrees 39 minutes 35 seconds East,
along the East line of said easement, a distance of 100.00 feet more or Tess to
the Point -of -Beginning. (Being also described as the Westerly 10.00 feet of
the East one-half of vacated Ridgewood Avenue lying between the
prolongation easterly of the North and South lot lines of Lot 100, Harbor
Heights, Third Addition, Plat Book 15, Page 81, Public Records of Brevard
County, Florida.)
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[Contact Us1(Locationsl (Forms' (Appeals' [Property Researchl fMao Searchl (Maas & Datal (Unusable Prooertyl frax
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General Parcel Information for 24-37-14-00-00019.0-0000.00
0cel Id.
2
20000 004-37-14-00-00019.0-
Maplk
#
*i
ess:
8810 RIDGEWOOD AV, CAPE CANAVERAL, FL 32920
2428413
* Site address assigned by the Brevard County Address Assignment Office for mailing purposes; may not reflect community location of property.
Owner Information
LEE, PATRICK T
TRUSTEE
�
ii:
I
8810 RIDGEWOODAVE
Ctt ,Mate,
CAPE CANAVERAL, FL I
Value Summary for 2003
Legal Description
S 3/8 OF GOVT LOT 3 & UNSURVEYED
PORTION ON EAST EX DB 99 PG 5,PB
15PGS80&81
Land Information
A.. . . x
3.3
120
l tr
$800,000
** This is the value established for ad valorem purposes in accordance with s.193.011(1) and (8), Florida Statutes. This
value does not represent anticipated selling price for the property.
Save Our Homes - Estimated Tax Savings 2003
Value(
able Value (with
$1,658,480
$25,000
L
I $1,633,480 x
1L$1,073,200 x±
18.2155
18.2155
18.2155
$30,210.04
$29,754.65
$19,548.87
11
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I. Meeting'Type: Regular
Meeting Date 05-04-04
AGENDA REPORT
CITY COUNCIL OF THE CITY OF CAPE CANAVERAL
Heading
Item
No.
i
AGENDA
Ordinances-1 n Reading
9
SUBJECT: ORDINANCE NO. 10-2004, VACATING A PORTION OF HARBOR DRIVE RIGHT-OF-
WAY
DEPT./DIVISION: ADMINISTRATION
Requested Action:
City Council consider at first reading Ordinance No. 10-2004, vacating a portion of Harbor Drive between Lots 19
and 100. Petitioners are David Eppley and Rhonda Lee.
Summary Explanation & Background:
The Planning and Zoning Board approved this item with conditions outlined in Section Two of this ordinance.
I am still waiting for the survey that reserves the 20-ft wide emergency access. I will place in council's mailbox
upon receipt.
I recommend approval at first reading.
Exhibits Attached:
Ordinance No. 10-2004
City Ma is -Offs
Department ADMINISTRATION
ORDINANCE NO. 10-2004
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAPE
CANAVERAL, BREVARD COUNTY, FLORIDA, VACATING THAT
PORTION OF THE HARBOR DRIVE RIGHT-OF-WAY LOCATED TO THE
EAST OF LOT 100 AND WEST OF LOT 19 AS RECORDED AS DEPICTED
ON THE PLAT OF HARBOR HEIGHTS, THIRD ADDITION, AS RECORDED
IN PLAT BOOK 15 PAGE 81, OF THE PUBLIC RECORDS OF BREVARD
COUNTY, FLORIDA; (CONTAINING APPROXIMATELY 8,134.1 SQUARE
FEET MORE OR LESS); PROVIDING FOR THE REPEAL OF PRIOR
INCONSISTENT ORDINANCES AND RESOLUTIONS, SEVERABILITY,
RECORDATION AND AN EFFECTIVE DATE.
WHEREAS, David Eppley and Rhonda Lee have requested that the City of
Cape Canaveral abandon and vacate that certain 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, in the Public Records
of Brevard County, Florida; and
WHEREAS, the Planning and Zoning Board members voted by majority and
recommended approval to the City Council of the above -referenced request to
vacate and abandon the property with stipulations; and
WHEREAS, the City Council of the City of Cape Canaveral, Florida has
determined that it is in the best interest of the City vacate said right-of-way with
stipulations.
NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of
Cape Canaveral, Brevard County, Florida, as follows:
SECTION 1. Vacation. The City of Cape Canaveral, Brevard County,
Florida, hereby vacates the property described as the lot located east of Lot 100 and
west of Lot 19 on Harbor Drive, described as follows:
Harbor Heights, Third Addition, at Book 15, Page 81:
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 105.00 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 square feet, more or less and being subject to any
easements of record.
SECTION 2. Easement Stipulations. The City of Cape Canaveral, City
Council upon recommendation of the Planning and Zoning Board approve the
request to vacate the property with the following stipulations on the subject
easement:
a. The City will retain an emergency access easement to the
Villages of Seaport.
b. The subject easement shall include all City utilities and
franchises.
c. The subject easement shall be 20-feet wide to align with the
emergency access to the Villages of Seaport's 20 feet.
d. In addition, the easement shall allow for the required turning
radius to meet fire equipment requirements.
e. The easement area shall be stabilized to meet fire equipment
access requirements.
f. A survey of the easement, drawings and legal description shall
be provided to the City. (Attached as Exhibit "A.")
The applicant shall pay all costs.
g.
SECTION 3 .
All prior inconsistent
parts of prior ordinan
the extent of the confl
Repeal of Prior Inconsistent Ordinances and Resolutions.
ordinances and resolutions adopted by the City Council, or
ces and resolutions in conflict herewith, are hereby repealed to
ict.
SECTION 4. Severability. If any section, subsection, sentence, clause,
phrase, word or provision of this Ordinance is for any reason held invalid or
unconstitutional by any court of competent jurisdiction, whether for substantive,
procedural, or any other reason, such portion shall be deemed a separate, distinct
and independent provision and such holding shall not affect the validity of the
remaining portions of this Ordinance.
SECTION 5. Recordation. The City Clerk is hereby directed to promptly
record this Ordinance in the Public Records of Brevard County, Florida.
SECTION 4. Effective Date. This Resolution shall become effective
immediately upon its adoption and shall be recorded with the Brevard County Clerk
of Court.
City of Cape Canaveral, Florida
Ordinance No. 10-2004
Page 2 of 3
ADOPTED BY the City Council of the City of Cape Canaveral, Florida, this
day of , 2004.
Rocky Randels, MAYOR
ATTEST: FOR AGAINST
Susan Stills, CITY CLERK
APPROVED AS TO FORM:
Anthony Garganese, CITY ATTORNEY
First Reading:
Published:
Second Reading:
Bob Hoog
Steve Miller
Jim Morgan
Rocky Randels
Richard Treverton
City of Cape Canaveral, Florida
Ordinance No. 10-2004
Page 3 of 3
March 15, 2004
Tony,
flLecopr
Just to follow-up on our conversation this morning, I have verified
that all the information required by the Planning & ZoningBo hied with Bennett
submitted. More specifically, the survey we received does no Board depict
not yet been
easement. Please note that if City Council vacates all 50 ft., theproperty
will not be allowed to do anything with the t depict the 20 ft.
please contact Bennett directly. Let me knowpif � canlf e you need clar cation owners
also verified with Bennett that he wants this going back to the an Planningassistance. Zon I
Board for final recommendation to City Council. Tony, as soone& Zoning
the required documentation the City can move forward with the e I receive all
Sincerely,
request.
Susan
19 (1- 4z66
Date: January 20, 2004
To: Bennett Boucher, City Manager
Susan Stills, City Clerk
From: Susan Chapman, P & Z Board Secretary
Re: Status Update to Vacate an Easement in Harbor Heights for Tony Hernandez
On November 12, 2003 the P & Z Board recommended approval of the above referenced easement with
many stipulations. The attached should serve to satisfy #6 of the memo to you dated September 20, 2003.
Please give me a status update of this request.
If I can be of further assistance please let me know.
City of Cape Canaveral
Date: September 20, 2003
To: Bennett Boucher, City Manager
Susan Stills, City Clerk
From: Bea McNeely, Chairperson, Planning & Zoning Board
Re: Request to Vacate a 80-105 ft. Easement, (Unimproved Ridgewood Avenue,
Harbor Heights) - Tony Hernandez, III, Applicant.
The Planning & Zoning Board reviewed the above referenced proposed vacation of
easement at the meeting held on November 12, 2003 and by majority vote, of the three
members in attendance, recommended approval to City Council with the following
stipulations:
1. The City will retain an emergency access easement to the Villages.
2. The subject easement shall include all city utilities and franchises.
3. The subject easement shall be 20 feet wide to align with he emergency access to
the Villages of Seaport's 20 feet.
4. In addition, the easement shall allow for the required turning radius to meet fire
equipment requirements.
5. The easement area shall be stabilized to meet fire equipment access requirements.
6. A survey of the easement, drawings, and legal description shall be provided to the
city.
7. All costs shall be paid by the applicant.
8. The final easement agreement shall be approved by the Planning and Zoning
Board and City Council before recording.
Please note that Board member Leo Nicholas voted against the motion because in his
opinion the City would not benefit by granting this request.
Please schedule this proposed ordinance on an upcoming meeting agenda.
Thank you.
105 Polk Avenue • Post Office Box 326 • Cape Canaveral, FL 32920-0326
Telephone: (321) 868-1222 • SUNCOM: 982-1222 • FAX (321) 868-1247
wwwmyflorida.com/cape • email: ccapecanaveral@cfl.rr.com
Community Appearance Board
Meeting Minutes
November 12, 2003
Page 2
3. Recommendation to City Council Re: Request to Vacate a 80-105 ft. Easement,
(Unimproved Ridgewood Avenue. Harbor Heiehts) - Tony Hernandez. III,
Applicant.
Mr. Hernandez, applicant gave an overview of the request to vacate the easement. He
explained that the property was being maintained by the property owners. He advised
that the property is an eyesore, an attractive nuisance, there are constant problems with
vagrants, the maintenance of the property is a continuous burden, and the city would
benefit by this property being placed on the tax rolls. The Board members reviewed the
reports from City staff. Mr. Hernandez agreed with the conditions of the public works
director with the change that the emergency access easement be changed to 20 ft. a
required by the fire department. John Cunningham, Assistant Fire Chief, verified that 20
ft. access was acceptable. He advised that Villages of Seaport will install brick pavers for
the access, as per their approved site plan. Mr. Nicholas voiced his opinion that the City
would not benefit by this request. Discussion followed.
Motion by Ms. Shea -King, seconded by Mr. Fredrickson to recommend approval to
include the recommendations of the Public Works Director as follows:
1. The City will retain an emergency access easement to the Villages.
2. The subject easement shall include all city utilities and franchises.
3. The subject easement shall be 20 feet wide to align with he emergency access to
the Villages of Seaport's 20 feet.
4. In addition, the easement shall allow for the required turning radius to meet fire
equipment requirements.
5. The easement area shall be stabilized to meet fire equipment access requirements.
6. A survey of the easement, drawings, and legal description shall be provided to the
city.
7. All costs shall be paid by the applicant.
8. The final easement agreement shall be approved by the Planning and Zoning
Board and City Council before recording.
Discussion followed. Mr. Nicholas advised that he would vote against the motion
because the City would not benefit by granting this request.
Vote on the motion carried by a (2) to (1) vote with members voting as follows: Mr.
Fredrickson, for; Mr. Nicholas, against; Ms. Shea -King, for.
i'ugu 1 ul 1
Ed Gardulski
From: "Ed Gardulski" <egardulski@bellsouth.net>
To: "City - Todd Morley" <morley-cape@cfl.rr.com>; "City - Susan Chapman" <Chapman-
cape@cfl.rr.com>; "City - Anthony Garganese" <agarganese@orlandolaw.net>; "City - Bennett
Boucher" <boucher-cape@cfl.rr.com>; "Eng Plan - Todd Peetz" <Planning4u2@aol.com>
Cc: "Staff - Walter Bandish" <wbandish@bellsouth.net>; <Thernandez3@cfl.rr.com>
Sent: Wednesday, November 12, 2003 2:21 PM
Subject: Vacation of ROW Harbor Heights
RE: Vacation of City ROW item for tonight's P&Z meeting
The conditions of the Vacation of the Harbor Height ROW shall be as the following:
1. The City will retain an emergency access easement to the Villages.
2. The subject easement shall inclucall city utilities and franchisees.
3. The subject easement shall be 2&reet wide to align with the emergency access to the Village's 2'6 feet.
4. In addition, the easement shall allow for the required turning radius to meet Fire Equipment requirements.
5. The Easement area shall be stabilized to meet fire equipment access requirements.
6. A survey of the easement, drawing, and legal description shall be provided to the City.
7. All cost shall be paid by others.
8. The Final easement agreement shall be approved by the P&Z and City Council before recording.
Ed Gardulski
Public Works Director
t t �t 1i)nn1
MEMORANDUM
TO: Todd Morley,
Building Official
TO: Todd Peetz
City Planner
FROM: Ed Gardulski
Public Works Director
DATE: November 5, 2003
RE: Vacation of Road Right of Way
Harbor Heights Drive.
Reviewed the City of Cape Canaveral road right of way located at the north east
corner of Harbor Heights Subdivision 3rd addition as recorded in Plat Book 15, Page 81
Lying in fractional section 14, Township 24 South, Range 37 East, City of Cape
Canaveral, Brevard County. This property is utilized as an emergency access point.
More so, the City of Cape Canaveral may have future needs for this property. As Public
Works Director, the vacation of the road right of way is not recommended.
I. A 11I rl 11 1 l 1 rl 1
TRIAL &
APPELLATE
PRACTICE
GENERAL
PRACTICE
i97
-� �DAA�/& fib'. "� •„^.,.,;..�. ?;
t11;.\I vs. .1�-!r 1 1 ,. \I l nll'•.;�I I ,rp,
September 8, 2003
MRS. SUSAN L. CHAPMAN
Administrative Assistant to the Building Official
Secretary to the Planning & Zoning Board
City of Cape Canaveral
105 Polk Avenue
Cape Canaveral, Florida 32920
RE: Request to Petition for Action to Abandon a
Portion of the Harbor Drive Right -of -Way
i-,
Dear M dpman:
As you know, my office represents the legal interests of David Eppley
and Rhonda Lee regarding the above -referenced matter.
This correspondence serves as our application to the City Council
requesting that the City of Cape Canaveral abandon the property described as
the lot located east of Lot 100 and west of Lot 19 on Harbor Drive.
My clients own the adjacent property to the land in question and agree
to accept their portion of the lot in fee simple. My clients agree to a 20 foot
wide easement to run along the center of the lot.
Pursuant to Section 110-476, Dedicated Public Land, enclosed please
find the following:
(A) Copy of survey depicting property;
(B) Current appraisal
I would respectfully request that this matter be scheduled for the
November 12, 2003 Planning and Zoning Board Meeting.
TH3/deh
Enclosures as stated
cc: David Eppley and Rhonda Lee
I': ;II nn
Sincerely,
Tor} f- e nandez, III
Tnlly Hernandez, 111, ESU.
For cm/cla! at(
-la Tvdd Pee-#z, G
lan) i nr ranat • Ial florida 32920
Elena M. Alvarez, ESU.
Pa,ab:nals
Diana E. Hendren
Cynthia A. Williamson
IIvesligato,
Eugene Byrd, LPI
Nedir,al Comulta,,t
Blanca R. Lara, LPN
VILLAGES OF SEAPORT
FOUND CONCRETE MONUMENT
POINT -OF -BEGINNING
F I G H T S ,THIRD ADDITION
T BOOK 1 5 ,PAGE 8 1
(DAVID W. & MICHAELYN EPPLEY)
LOT 100
FOUND *5 REBAR (ALLENI()
N00 39'35'E
S 9`20'25'E 80.00
UNIMPROVED RIDGEWOOD AVENUE
RADIUS! 25.00 1 /
DELTA:90'00'00' / r/
/
ARC: 39.27 /
r
r
105.00 N89'20'25'W /
FOUND *4 REBAR
EDGE OF PAVING
R10GEW000 AVENUE
HEIGHTS,THIRD ADDITION
AT BOOK 1 5 ,PAGE 8 1
LEGAL DESCRIPTION:
A PARCEL OF LAND BE/NO PART OF THE UNIMPROVED RIGHT-OF-WAY OF
RIDGEWOOD AVENUE AS DEPICTED ON THE PLAT OF HARBOR HEIGHHTS, THIRD
ADDITION AS RECORDED IN PLAT BOOK 15, PAGE 81, LYING IN FRACTIONAL
SECTION 14, TOWNSHIP 24 SOUTH, RANGE 37 EAST, TALLMIASSEE BASE
MERIDIAN, BREVARD COUNTY, FLORIDA AND BEING MORE PARTICULARLY
DESCRIBED A5 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 AB
DEPICTED ON SAID RECORD PLAT, A DISTANCE OF 80.00 FEET TO THE
WESTERLY LINE OF THE LANDS DESCRIBED IN OFFICIAL RECORDS BOOR 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 105.00 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 DO-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 SQUARE FEET, MORE OR LESS AND BEING SUBJECT TO
ANY EASEMENTS OF RECORD.
r CS)
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OFFICIALRE(
FOUND CONCRI
(LB 4119)
SET •5 REBAI
Geiger, Geiger & Associates, Inc.
P.U. Box 321354
Cocoa Beach, FL 32932-1354
Phone: (321) 784-2134
Fax: (321) 784-31 10..
e-Mail: ytea 2i brevard.net
August 21, 2003
Mr. Tony Ilemandez
6550 North Atlantic Avenue
Cape Canaveral, Florida 32920
Re: Appraisal #: AO-57-7-3-L
Ridgewood Avenue Road Right of Way in Cape Canaveral, Florida
See attached for full legal description
Dear Mr. l lernandez:
I have completed the appraisal of the unencumbered fee simple estate of the property in Brevard County, Florida,
that is identified in the attached documents based on the survey that you provided our office.
The function of this appraisal is the use to which it will be employed. In this assignment it is:
To estimate a fair and equitable price at which the land should sell
Or
Should be purchased
It was assumed that the street address or legal description provided by you was correct. The value provided
assumes there were no adverse mortgages, leases, liens, easements, adverse environmental conditions,
encroachments, or encumbrances on the subject property. It was assumed the dimensions and size indicated in the
survey was correct.
The purpose of this appraisal is to estimate the current market value of the subject property according to definitions
stated in this report and to the assumptions, limiting conditions, and certifications therein. The value provided
would be the same if contracted by a buyer or seller of the property.
Market value is defined on the attached "Certification and Limiting Conditions": (Form 1004B).
Date inspected: July 15, 2003
After analyzing all available information, it is my opinion that the market value of the subject property in fee
simple, subject to an access easement, as of the date inspected, is :
ZERO DOLLARS
$0
To the best of my knowledge, this appraisal assignment and report conform to the Uniform Standards of
Professional Appraisal Practice (USPAP) as adopted by the Appraisal Standards Board of the Appraisal
Foundation. In the preparation and analysis of this assignment, the development process used provided a Limited
Appraisal. The Departure Provision was applied. A Restricted Report is attached; data not presented but used in
the analysis will be retained in the appraisers file. All land appraisal values are subject to inspection by a licensed
hazardous materials inspector to determine if there are any hidden condition, hazardous materials or environmental
conditions that were not identified or found at the time of the inspection or reported in the appraisal document that
may adversely affect the value conclusion provided. None were found by the appraiser.
Thank you for the opportunity to provide this service for you.
Sincerely,
William Geig�r SRA
St.Cert.Gen.REA #RZI056
/pr
Attachment (file 57-7-3-1.)
Scope of the Appraisal
.1 he scope of the appraisal: An appraisal is an unbiased estimate of the "nature," "quality," "value," or "utility" of
an interest in, or aspect of, identified real estate and related personality. There are, therefore, several potential types
of assignments and reports that appraisers prepare. They can be evaluation or valuation assignments.
This report is a "valuation" assignment that provides an "estimate of value."
The appraiser collected, verified, analyzed and reconciled appropriate comparable transfers of ownership. Although
a single point value was requested, it should be acknowledges that, under the constraints imposed, an appraiser can
only accurately provide a value conclusion within a range of value.
The appraiser has relied upon a variety of sources for data in This report. Comparable data sources include public
records, recorded deeds, county property records, office tiles, and representations by local brokers, sales people,
and other knowledgeable persons. A search was conducted for sales comparable to the subject, located in
comparable neighborhoods on similar sites and within the subject's market area. Only the most comparable data
were researched in the report, however numerous others were reviewed and analyzed.
Ilacicground and Analysis
An extensive review of numerous past transfer of ownerships from city, county, and government ownership to
citizen ownership of an existing street or a platted proposed street or right of way, indicate That the transfers take
place with little consideration (i.e. no appreciable monetary exchange). The reasoning is basic in that it has no va►ue
in use or exchange to the city. The only people that give it value or use or exchange is the adjoining property
owners. The value is somewhat comprised to the new owner because they will have to pay additional costs of
ownership such as insurance, taxes and maintenance. If there is an access casement as proposed, the new owner
cannot build on or even plant a tree or bush in the easement.
The value to the city selling is, they now collect taxes, do not have to make expenditures for maintenance, insurance
or repairs. The value to the new owners is that they can beautify the property, maintain it without trespassing and
include it with their land when selling.
'there is a chain link fence on the north property line. The subject is sodded and well maintained at present.
Conclusion: The value is negligible.
In this value conclusion, it was assumed that the city would keep a twenty foot access easement in the center of the
existing right of way.
The highest and best use of the property was assumed to be surplus land (cannot be developed separately) for use by
adjoining property owners. The zero value assumes the adjoining property owners pay the cost of transfer of
ownership.
1.IIN("I ION AND 1'11121'0SE 01. '1 III: Al'1'I2AISA1. ANI) 1 1:ININ1"I IONS.
Function or Objective:
The "function" or use of an appraisal is the manner in which the client employs the information. An appraisal may
be accomplished for a variety of uses. They include (1) Transfer of Ownership; (2) Financing and Credit; (3) Just
Compensation in Condemnation Proceedings; (4) Tax Matters; (5) Investment Counseling and/or Decision Making;
and (6) Asset Valuation Estimation for Accounting Purposes.
The function or use of the appraisal .is "Transfer of Ownership"
The intended user of the report is: Toni, Hernandez Esquire
Type of Value Provided
There are numerous types and definitions of value that are appropriately used. They include: investment value,
insurance value, value in use, personal property value, reproduction value, market value, leasehold value, leased fee
value, fair value, etc.
The value type provided in this report is M inket Value.
Purpose
The purpose of this report is to estimate the current market value of the subject property as of the date of the
appraisal. Market value does not change with the function of the appraisal report. The value conclusion drawn by
this appraiser would be the same if accomplished for the buyer or the seller oldie subject property or performed for
the mortgagee or mortgagor.
Definition of Market Value
Market Value is defined as the most probable price in cash, terms equivalent to cash, or in other precisely revealed
terms, for which the appraised property will sell in a competitive market under all conditions requisite to fair sale,
with the buyer and seller each acting prudently, knowledgeably, and for self-interest , and assuming that neither is
under undue duress. Fundamental assumptions and conditions presumed in this definition are (I) buyer and seller
are motivated by self-interest; (2) buyer and seller are well informed and are acting prudently; (3) the property is
exposed for a reasonable time on the open market; (4) payment is made in cash, its equivalent, or in specified
financial terns; (5) specified financing, if any, may be the financing actually in place or on terms generally available
for the property type in its locale on the effective appraisal dale; and (6) the effect, if any, on the amount of market
value of atypical financing, services, or fees shall be clearly and precisely revealed in the appraisal report.
Definition of Fee Simple Interest
Fee Simple Interest is defined as the greatest right and title which an individual can hold in real property. It is "free
and clear" ownership subject only to the governmental rights of police power, taxation, eminent domain and escheat
reserved.lo the Governments of the United States of America and the Slate of Florida under their constitutions.
Sellout Value Definition
Sellout Value is defined as the summation of all binding contracts and anticipated sale prices at the time of the
appraisal. It can be higher, lower, or equal to Market Value. It is usually higher if a long sellout is anticipated
because discounting for the time/value of money will be required. It is usually lower if individual unit pre -
construction contracted sale prices are below today's individual Market Values. It is usually equal to Market Value
if the individual unit sales are contracted at Market Value and all the units arc anticipated to be sold within a short
time from completion.
Other Definitions
See Addendum for specialized definitions and abbreviations.
DEFINITION OF MARKET VALUE: The most probable price which a properly should bring in a competitive and open market under all conditions
requisite to a lair sale, the buyer and seller, each acting prudently, knowledgeably and assuming the price is not allected by undue stinedus. Implicit in this
dalinilion is the consummation of a sale as or a specified dale and the passing ol title from seller to buyer under conditions whereby: (1) buyer and seller are
typically motivated; (2) both patties are well informed or well advised, and each acting in what he considers his own best interest; (3) a reasonable lime is allowed
for exposure in the open market; (4) payment is made in terms of cash in U.S. dollars or in terms of financial arrangements comparable thereto; and (5) the price
represents the normal consideration for the property sold unaffected by special or creative financing or sales concessions* granted by anyone associated with
the sale.
' Adjustments to the cumparables must be made fur special or creative financing or sales concessions. Ho adjustments are necessary
Inc those costs which are normally paid by sellers as a result of Tradition or law in a market area; these costs are readily identifiable
since the seller pays these costs in virtually all sales transactions. Special or creative financing adjustments can be made to the
comparable properly by comparisons to financing terns offered by a third party institutional lender that is not already involved in the
property or transaction. Any adjustment should not be calculated on a mechanical dollar lot dollar cost of the financing or concession
but the dollar amount of any adjustment should approximate the market's reaction to the financing or concessions based on the
appraiser's judgement.
STATEMENT OF LIMITING CONDITIONS AND APPRAISER'S CERTIFICATION
CONTINGENT AND LIMITING CONDITIONS: The appraiser's certification that appears in the appraisal report is subject to the following
conditions:
1. The appraiser will not be responsible for matters ul a legal nature that affect either the property being appraised or the title to it. The appraiser assumes that
the title is good and marketable and, therefore, will not render any opinions about the title. The property is appraised on the basis of it being under responsible
ownership.
2. The appraiser has provided a sketch in the appraisal report to show approximate dimensions al the improvements and the sketch is included only to assist
the reader of the report in visualizing the property and understanding the appraiser's determination of its size.
3. The appraiser has examined the available flood maps that are provided by the Federal Emergency Management Agency (or other data sources) and has nosed
in the appraisal report whether lire subject site Is located In an identified Special Flood Hazard Area. Because the appraiser Is not a surveyor, he or she makes
no guarantees, express or implied, regarding this determination.
4. The appraiser will not give testimony or appear in court because he or she made an appraisal of the properly in question, unless specific arrangements to do
so have been made beloreirand.
5. The appraiser has estimated the value ol the land in the cost approach al its highest and hest use and the improvements at their contributory value. These
separate valuations of the land and improvements must not be used in conjunction with any other appraisal and are invalid if 'hey are so used.
6. The appraiser has noted in the appraisal report any adverse conditions (such as, needed repairs, depreciation, the presence of hazardous wastes, toxic
substances, etc.) observed during the inspection of the subject property or that he or she became aware of during the normal research involved in performing
the appraisal. Unless otherwise stated in the appraisal report, the appraiser has no knowledge of any hidden or unapparent conditions of the property or
adverse environmental conddions (including the presence of hazardous wastes, toxic substances, etc.) that would make the properly more or less valuable, and
has assumed that there are no such conditions and makes no guarantees or warranties, express or implied, regarding the condition of the property. The
appraiser will not be responsible for any such conditions that do exist or for any engineering or testing that might be required to discover whether such
conditions exist. Because the appraiser is not an expert in the field or environmental hazards, the appraisal report must not be considered as an
environmental assessment of the properly.
7. The appraiser obtained the inlorma'ion, estimates, and opinions Thal were expressed in the appraisal report from sources That he or she considers to be
refrable and believes them to he true and correct. The appraiser does not assume responsibility Inc the accuracy of such items that were furnished by other
parties.
8. The appraiser will not disclose the contents of the appraisal report except as provided for in the Uniform Standards of Professional Appraisal Practice.
9. The appraiser has based his or her appraisal report and valuation conclusion for an appraisal that is subject to satisfactory completion, repairs, or
alterations on the assumption that completion of the improvements will be performed in a workmanlike manner.
10. The appraiser must provide his or trer prior written consent before the lender/client specified in the appraisal report can distribute the appraisal report
(including conclusions about the properly value, the appraiser's identity and professional designations, and references to any professional appraisal
organizations or the firm with which the appraiser is associated) to anyone other than the borrower; the mortgagee or its successors and assigns; Use mortgage
insurer; consultants; professional appraisal organizations; any stale or federally approved financial institution; or any department, agency, or instrumentality
of the United States or any state or the District of Columbia; except that the lender/client may distribute the property description section of the report only to data
collection or reporting service(s) without having to obtain the appraiser's prior written consent. The appraiser's written consent and approval must also
be obtained before the appraisal can be conveyed by anyone to the public through advertising, public relations, news, sales, or other media. -
Freddie ',lac form 139 G nl
Page 1 ul 2 Fannie hl,re Furm 100.18 6-93
Geiger Geiger b Associates
Cm; tr•^, 1,il,,r I..•!:'iudn,,...,I,Inai r.l' iI 'i l' atrr:r:,r, ?nr rn
- 1-800.'I AE.. Dl
Slate: FL
Slate:
APPRAISER'S CERTIFICATION: The Appraiser certifies and agrees Thal:
1. I have researched the subject market area and have selected a minimum of three recent sales of properties most similar and proximate to the subject property
for consideration in the sales comparison analysis and have made a dollar adjustment when appropriate to reflect the market reaction to !hose items of significant '
variation. If a significant item in a comparable property is superior to, or more favorable than, the subject property, I have made a negative adjustment to reduce
the adjusted sales price of the comparable and, it a significant item in a comparable property is inferior to, or less favorable than the subject property, I have made
a positive adjustment to increase the adjusted sales price of the comparable.
2. I have taken into consideration the factors that have an impact on value in my development of the estimate of market value in the appraisal report. I have not
knowingly withheld any significant information from the appraisal report and I believe, to the best of my knowledge, that all statements and information in the
appraisal report are true and correct.
3. I stated in the appraisal report only my own personal, unbiased, and professional analysis, opinions, and conclusions, which are subject only to the contingent
and limiting conditions specified in this form.
4. I have no present or prospective interest in the property that is the subject to this report, and I have no present or prospective personal interest or bias with
respect to the participants in the transaction. I did not base, either partially or completely, my analysis and/or the estimate of market value in the appraisal report
on the race, color, religion, sex, handicap, familial status, or national origin of either the prospective owners or occupants of the subject property or of the present
owners or occupants of the properties in the vicinity of the subject property.
5. I have no present or contemplated future interest in the subject property, and neither my current or future employment nor my compensation for performing This
appraisal is contingenl on the appraised value of the properly.
6. I was not required to report a predetermined value or direction in value that favors the cause of the client or any related party, the amount of the value estimate,
the attainment of a specific result, or the occurrence d a subsequent even) In order to receive my compensation and/or employment for performing the appraisal. I
did not base the appraisal report on a requested minimum valuation, a specific valuation, or the need to approve a specific mortgage loan.
7. I performed this appraisal in conformity with the Uniform Standards of Professional Appraisal Practice that were adopted and promulgated by the Appraisal
Standards Board of The Appraisal Foundation and that were in place as of the effective date of this appraisal, with the eixceplion of the departure provision of those
Standards. which does not apply. I acknowledge That an estimate of a reasonable lime for exposure In the open market is a condition in the definition of market value
and the estimate I developed is consistent with the marketing lime noted in the neighborhood section of this report, unless I have otherwise slated in the
reconciliation section.
8. I have personally inspected Bre interior and exterior areas of the subject properly and the exterior of all properties listed as comparables in the appraisal report.
I further certify that I have noted any apparent or known adverse conditions in the subject improvements, on the subject site, or on any site within the immediate
vicinity of the subject property of which I am aware and have made adjustments for these adverse conditions In my analysis of the property value to the extent that
1 had market evidence to support them. I have also commented about the effect of the adverse conditions on the matkelabitity of the subject property.
9. I personally prepared all conclusions and opinions about the real estate that were set forth in the appraisal report. If I relied on significant professional
assistance from any Individual or Individuals In the performance of the appraisal or the preparation of the appraisal report, I have named such Individual(s) and
disclosed the specific tasks performed by them in the reconciliation section of this appraisal report. I certify that any individual so named is qualified 10 perform
the tasks. I have riot authorized anyone to make a change to any item In the report; therefore, it an unauthorized change Is made 10 the appraisal report, I will lake
no responsibility for it.
SUPERVISORY APPRAISER'S CERTIFICATION: II a supervisory appraiser signed the appraisal report, he or she certifies and agrees that:
I directly supervise the appraiser who prepared the appraisal report, have reviewed the appraisal report, agree with the statements and conclusions of the appraiser,
agree to be bound by the appraiser's certifications numbered 4 through 7 above, and am taking tall responsibility for the appraisal and the appraisal report.
ADDRESS OF PROPERTY APPRAISED: _(seo attactrod Iegal), Capo Canaveral Florida 32920_
APPRAISER:
SUPERVISORY APPRAISER (only if required):
Signature: _ _ Signature:
flame: WM. GEIGER SRA-- Name:
Date Signed: August 21�2002 Dale Signed:
Slate Certification #: ST.CERT.GEN REA RZ1056 State Certification #:
or Slate License #: or Stale License #:
Expiration Dale of Certification or License: 11/30/2004 • Expiration Dale of Certification or License:
Freddie Mc Foun -139 6-n1
I I Did j j Did Not Inspect Property
Page 2 ut 2 f annia t.lae Form 10018 6.93
Form ACO — `Tn1AI for Windows' appraisal software by a la mode. inc. — 1-800-AI A6100F
CITY OF CAPE CANAVERAL
BUILDING DEPARTMENT
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: 24-37-14-28-00000.0-000A.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.
i
MEMORANDUM
TO: Todd Morley
Building Official
TO: Todd Peetz
City Planner
FROM: Ed Gardulski
Public Works Director
DATE: July 2, 2004
SUBJECT: Planning and Zoning Board Agenda Item for July 14, 2004
Easement Agreements along the West -Side of Atlantic Avenue
Parcel NO: 24-37-14-28-00000.0-000A.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. After review and recommendation from the
Planning and Zoning Board, this Easement Agreement will be presented to the City Council and
shall be recorded in public records after approval.
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 this day of n ' 2004 by Greene International
Development Corporation. whose address is 1604 N. Atlan i 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 24-37-14-28-00000.0-000A.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.
Page 1 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 • f title of ownership thereof and regardless of any future change which may
take place therein.
IN WITNESS WHE 4
above written.
Signed in - presence of:
levir
.
STATE OF FLORIDA
COUNTY OF BREVARD
, the Grantors have hereunto set their hands and seals on the day and year first
l
GRANTOR:
Green Interns ' velopment Corporation
Martin Greene, President
Green International Developmentorporation
Janice Greene, Vice President
I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State and County
aforesaid to
Imo acknowledgments, personally appeared Green International Development Corporation to me
onall . r who produced
be the person described in and who executed the foregoing instrument and he - before me that he
as identification, to
executed the same for the purposes set forth herein, and he did not swear an oath.
hand and official seal in the State and County last : foresaid this
2004. day of
etPliatf, DONNA HARRIS
N '.t5 MY COMMISSION # DD074501
>fora! 1EXPIRES: November 27.20X)5
i-800-3-NOTARY Ft_ Notary Service & Bonding, inc.
Page 2 of 2
NO i— PUBLIC
My Commission Expires:
EX/-f/8T
LEGAL DESCRIPTION:
A PORTIOt! OF THE NORTH 165 FEET OF LOT 'A' OF ACCORDING TO THE _
OF THE PUBLIC RECORDS OF BREVARD COUNT FLORIDA •LYING WE OF OLD ATE FDA* O1 (NORTH
AVENUE, IN PST BOOK 1. PAGE OR 22
OF THE SOUTHWEST 1/4 OF THE NORTHWEST 1/4 OF SECTION 14, TOWNSHIP 24 SOUTH, RANGE 37 EAST, BREVARO) COUNTY, FlO
PARTICULARLY sRLY DESCRIBED AS FOLLOW: Wwi. BEING A PORTION
Rtli�, TWO MORE
FOR A POINT OF BEGINNING. COMMENCE AT THE INTERSECTION OF THE SOUTH UNE OF THE NORTH 165 FEET OF SNO LOT A, WITH 1HE WESTERLY
R1GHF OF WAY UNE OF SMD 110Ffiti IGRANTIG AVENUE; THENCE N 82'6757" W
If
0p'02'03" E, FOR A DISTANCE OF 150.21 FEET ID A POINT BEING 15.00 FEET SOUTH ALONG SFID SOUTH UNE PER PERPENDICULARA DISTANCE O, E N9 FEET: E OF I
LOT A'; TNIGHT OF WAY HENCE S 890$6'O3' E., 15.00 FEET SOUTH OF AND PARALLEL 1IfiTH SAID NO( ME FE. ORBAD CEOF81 55 THE NORTH Ai UNE O1 SAID
FEETOL THE POINT OF BEGINE OF SAD NORTH NNING. CONTAINING 2.gjACR THENCE S 07'06'1U' W., ALONG SAID RIGHT OF WAY LINE. FOR A DISTANCE OF 150.90
FEET ID CE 01t THE
E5, MORE OR LESS.
SURVEYORS ► OTE,S
1. The Surveyor did not perform a Tltie Search to determine if there on any easements or rights of way that may affect this eRe,
2. The legal description shown hereon won furnished ib the surveyor.
J. The Bearings shown hereon are relative to the South M. of the North 165 feet of Lot 'A" al TUTEN'S SUBDIVISION, according to the
Ar recorded he plot Book 1. Page 22 of the ?obit Records of Bravoed County, FTorido as being H.89'137'67`111., and
o r ca 9 plot thereof
may not be a irve North
4. No underground utilities or 'improvements were located by this survey.
5. This site lies In F.LR.M. Zone 'X" according to Community Pone! No.125094-0313 E dated April 3, 1969.. 6. Elevations shorn hereon are based en NOV datum of 1929. Reference benchmark being the north rim of a sanitary sewer manhole lying West of
the North end of Building 16 of Village of the Seaport complex, elevation a 10.02 feet.
Page 1 of 1
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CITY OF CAPE CANAVERAL
BUILDING DEPARTMENT
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: Todd Morley,
Building Official
TO: Todd Peetz
City Planner
FROM: Ed Gardulski
Public Works Director
DATE: July 2, 2004
RE: Planning & Zoning Board Agenda Item for July 14, 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 2nd. Addition recorded plat. 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. After review and recommendation from the Planning and Zoning Board, this
Easement Agreement will be presented to the City Council and shall be recorded in public
records after approval.
Recommend the approval the above stated Easement Agreements.
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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
luK-
THIS EASEMENT is made this "1 day of , 2006 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 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 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:
GRANTOR:
/ RAY ND R. KAUFFMAN
STATE OF FLORIDA
COUNTY OF BREVARD
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 t o produced
fip jcq 1'„ 4.1. tic , 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 1 day of uc 20$.
(Notary Seal)
EAL
O'0'3
71
Y PV9`/ LATHY ANN HARDY
K 3 y ° * COMMISSION NUMBER
n qP Q DD121596
�t Q� MY COMMISSION EXPIRES
eOF Fi.� JUNE 5 s s
Page 2 of 2
NO ARY P » : LI
My Commission Expires:
That portion of the following described parcel of land 1 esu+rr
Lot 12 and bounded by the southerly extension of the east and westlinesthereof2 c S !
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 �•Q s D
County, Florida, said point also being on the East 1£nt of that parcel of land de a rib
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 '1t
89°52'18" E, along the South line of said HARBOR HEIGHTS and the South line of C HEIGHTS SECOND ADDITION and HARBOR HEIGHTS THIRD ADDITION, according to the plats o
thereof recorded in Plat Book 15 at Pages 80 and 81, respectively, of the Public c" Records of Brevard County, Florida, as said South line is physically occupied and cn
momumented, for a distance of 2363.17 feet to the Southeast corner of Lot 31 of s i HARBOR HEIGHTS THIRD ADDITION; Thence 8 00°07'42" W, for a distance of 20.00 feet}p+�IIlI11
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 acid Official Records nook 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.
EXHIBIT "A"
Prepared by and retum 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 7 day of , 2004 by Richard B. Jensen and Joann
Jensen, whose address is 253 Harbor Drive, Cape C veral, Flo r 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 IA 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 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 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:
STATE OF FLORIDA
COUNTY OF BREVARD
GRANTOR:
RICHARD B. JEN N
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 7 day of
(Notary Seal)
STATE OF FLORIDA
COUNTY OF BREVARD
MARIANNE T. HUSTON
NOTARY PUOUC- STATE OF FLORIDA
COMMISSION X D0276847
EXPIRES 12122/2007
BONDED THRU1-006NOTARY1.
, 2004.
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 k,,ppwn .tea- 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.
q
WITNESS my hand and official seal in the State and County last aforesaid this / day of i, , 20041.
(Notary Seal)
Page 2 of 2
NOTARY PUBLIC
My Commission Expires:
EXHIBIT "A"
Lot 13, HARBOR HEIGHTS, SECOND ADDITION, according to the plat thereof as
recorded In Plat Book 15, Page:80, Public Recorda, Brevard County, Florida.
Together with that portion of the following described parcel of lad 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
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 Reoords of Brevard
County, Florida as saki corner and line are physically occupied and monumented;
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, respecthrely, 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
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 Hne of sald
HARBOR HEIGHTS, HARBOR HEIGHTS SECOND ADDITION and HARBOR HEIGHTS
THIRD ADDITION as said South line Is physically occupied and monumented, for a
instance of 2362.28 feet to the East line of that parcel of land as described In saki
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;
Prepared by and retum 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 �y
day of tJa,�k�,�.� , 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:
STATE OF FLORIDA
COUNTY OF BREVARD
GRANTOR:
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
/2. /)R., s44,- a u4--'R- 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 / Y day of - 0. i (AAA1 , 200\ y
NOTARYPUBLIC
My Commission Expires:
(Notary Seal)
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
PL . ,J,Z vek L, Et, ce_ 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.
i
WITNESS my hand and official seal in the State and County last aforesaid this94(
day of J I JU/ L / , 200\)
(Notary Seal) Ar-k-8-_-
NOTARY PUBLIC
My Commission Expires:
4," � VIRGINIA S. HAAS
• MY COMMISSION it DO 181049
a-� EXPIRES: January 30, 2007
"ki Banded Vim Navy v, *Underwriters
Page 2 of 2
. _ J»ca-, .�•r.-+z-:tea.:.-�-t_ � .«.r.� . _ .. -.. _... -. -.
EXHIBIT "A"
That portion of the 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:
• portion of Section 14, Township 24 South, Range 37 East, Brevard County,
Flo...ua more particularly described as follows:
cu t'
uti cu
2 0 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 line of that parcel of land destrrl�,,�
in Official Records Book 246 at Page 116 of the Public Records of Brevard County,- C
Florida as said corner and line are physically occupied and monumeLted; Thence S
89°52'18" E, along the South line of said HARBOR HEIGHTS and the South line of BO. '
HEIGHTS -SECOND ADDITION and HARBOR HEIGHTS THIRD ADDITION, according to the plats x
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 skid j
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 angle try
and parallel with the South line of said HARBOR HEIGH'*S, HARBOR HEIGHTS SECOND AD IT N ,
and HARBOR HEIGHTS THIRD ADDITION as said South line is physically occupied and E
monumented, for a distance of 2362.28 feet to the East line of that parcel of lan
described in said Official Records Book 246 at Page 116, as said East line is phy "
occupied and monumerted, Thence N 02°26'04" W, along said East line as physicallyillllfiiil
occupied and monumented, for a Jistance 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 30 day of , perby Mary H. Waller, whose address
is 317 Coral Drive, Cape Canaveral, Florida 32920, located in Bre ard 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:
7)1
MARY H. LLER
I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State and County aforesaid to take
acknowle¢lgments, personally appeared Mary H. Waller to me known personally or who produced
f/c rivccer 1,kerte 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 30 day of . flU4r 7,- afery
(Notary Seal) s n
OAPaV PV6l/ C CATHY AANNN HARD Y
i ` * COMMISSION NUMBER
�'�I�,.5* Q OF DD121596
4, - 4 MY COMMISSION EXPfl S
BP 5,2006
Page 2 of 2
NOTARY PUBLIC
My Commission Expires:
44-ul
EXHIBIT "A"
That portion of the following described parcel of land lying south of and adjacee�zjt t9g c
Lot 16 and bounded by the southerly extension of the east and west lines theredf4of ea
Harbor Heights, Second Addition according to the Plat thereof as recorded in Pla mmIiuhig
Book 15 at page 80 of the Public Records of Brevard County, Florida as said lot N� v,R
physically occupied and monumented: "'10 3
A portion of Section 14, Township 24 South, Ring_ 37 East, Brevard County,
Florida more particularly described as follows: �'
cA
r, TC
o ry •1
Begin at the southwest corner of Lot 1 of HARBOR HEIGHTS according to the p
thereof as recorded in Plat Book 13 at Page 99 of the Public Records of Brevard'
Count Florida,said �
Y,point also being on the East line of that parcel of land d=.r�n.'
in Official Records Book 246 at Page 116 of the Public Records of Brevard County '1! yl
Florida as said corner and line are physically occupied and monumented; Thence S
89°52'18" E, along the South line of said HARBOR HEIGHTS and the South line of H4RR7}R i.c=
HEIGHTS SECOND ADDITION and HARBOR HEIGHTS THIRD ADDITION, according to the plat Bl co
thereof recorded in Plat Book 15 at Pages 80 and 81, respectively, of the Public! CD x}
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 HEIGNITS 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 hIIGHrS 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 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 retum to:
Ed Gardulski, Director, Public Works
City of Cape Canaveral
105 Polk Avenue
Cape Canaveral, Florida 32920
(321) 868-1240
EASEMENT
Zoo&
THIS EASEMENT is made this 3o day of ' rt , 20Q3' by Babette R. Henkle, whose
address is 321 Coral Drive, Cape Canaveral, Florida 32920, locateld 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:
STATE OF FLORIDA
COUNTY OF BREVARD
GRANTOR:
I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State and County aforesaid to take
acknowledgqients, personally appeared Babette R. Henkle to me known personally or who produced
FA. PA -s L.'cor,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.
2004(.
WITNESS my hand and official seal in the State and County last aforesaid this 3(a day of %-r U.4 r'.y , 2f)63:
(Notary Seal)
Page 2 of 2
CaNOTARY LIC
My Commission Expires:
ce)
EXHIBIT "A"
That portion of the following described parcel of land lying 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 P1atV.; Y
Book 15 at page 80 of the Public Records of Brevard County, Florida as said lot is
physically occupied and mncnu rated: 0 4 r '
A portion of Section 14, Township 24 South, Range 37 East, Brevard Couit}r, 2
Florida more particularly described as follows:
::°
r
Begin at the southwest corner of Lot 1 of HARBOR HEIGHTS accordingto a -„
thereof as recorded in Plat Book 13 at Page 99 of the Public Records Bre d ti o
County, Florida, said point also being on the East line of that parcel of land-desci
in Official Records Book 246 at Page 116 of the Public Records of Brevard Coin �;—
Florida as said corner and line are physically occupied andcmenaented; Thar
89°52'18" E, along the South line of said HARBOR HEIGHTS and the South line o
HEIGHTS SECOND ADDITION and HARBOR HEIGHTS THIRD ADDITION, according to the p i s
thereof recorded in Plat Bode 15 at Pages 80 and 81, respectively, of the Pub
Records of Brevard County, Florida, as said South line.is physically occupied -r
mcn mented, for a distance of 2363.17 feet to the Southeast comer of Lot 31 �id_/T
HARBOR HEIGHTS THIRD ADDITION; Thence S 00°07'42" W, for a distance of 20.00 40 D '
Thence N 89°52'18" W, along a line 20.00 feet South of as measured at right��
and parallel with the South line of said HARBOR HEIGHTS, HARBOR HEIGHTS and HARBOR HEIGHTS THIRD, ADDITION as said South line is physically occupied and
nocnuanted, 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 monupented, Thence N 02°26'04" W, along said East line as physically
occupied and mcnunented, for a distance of 20.02 feet to the Point of Beginning;
Containing 1.085 acres more or less.
Prepared by and retum 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 A day Y of by Bettie H. Stephen, whose address
is 333 Coral Drive, Cape Canaveral, Florida 32920, located in Br yard 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:
16at &frZL
Bettie H. Stephen
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
acl�owledgments, personally appeared Bettie H. Stephen to me known personally or who produced
nlitrws Girn...m. 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 6- day of .iNucir y , 2663.
(Notary Seal)
a, It OFFICIAL
CATHYANNHARDY
'MISSION NUMBER
N, ;r' <y DD121596
71 'OF - j MY COMMISSION EXPIRES
JUNE 5,2006
Page 2 of 2
NOTARY .I UIILIC
My Commission Expires:
EXHIBIT "A"
That portion of the following described parcel of land lying south of and adj
Int 19 and bonded by the southerly extension of the east and west lines
Harbor Heights, Second Addition according to the Plat thereof as recorded in
Book 15 at page 80 of the Public Records of Brevard County, Florida as said
physically occupied and mcnunented:
A portico of Section 14, Township 24 South, Range 37 East, Brevard Coln
Florida more particularly described as follows:
Begin at the southwest corner of Lot 1 of HARBOR HEIOITS according to the
thereof as recorded in Plat Book 13 at Page 99 of.the Public Records of Br
County, Florida, said point also being m the East line of that parcel of
ink fieial Records Book 246 at Page 116 of the Public Records of Brevard Count;
Floill :-as .said corner and line are phys;tA17y occupied and marumented; Thence xDl
' `8 ' :,g, along the South line of said HARBOR HEIGHTS and the South line Of -HARBOR --
ADDITION and HARBOR HEIGHTS THIRD ADDITION, according to the plats
the&bEireCorckxiin Plat Book 15 at Pages 80 and 81, respectively, of the Public
l esra. Huard County, Florida, as said South line is physically occupied and
Mgdaratd, for a distance of 2363.17 feet to the Southeast corner of Lot 31 of said
lalbokriktateS THIRD ADDITION; Thence S 00°07' 42" W, for a distance of 20.00 feet;
-89°52'18" W, along a line 20.00 feet South of as measured at right angles to
4With the South line of said HARBOR HE1( S, HARBORDOCIGVD ADDITION
.1EIt 5 THIRD ADDITION as said South line is physfra7 7 y occupied and
s . for a _distance of 2362.28 feet to the East line of that parcel of land as
AMERRIgoUneatid0famial Records Book 246 at Page 116, as said East line is physically_
,meckmeiited, Thence N 02°26'04" W, along said East line as physically
:4vniiittnalted, for a distance of 20.02 feet to the Point of Beginning;
1,00 acres more or less.
Prepared by and retum 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"):
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 24-37-14-01-00000.0-0020.00 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 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 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: GRANTOR:
7144222-47,)
STATE OF FLORIDA
COUNTY OF BREVARD
y It" /V,Ilfkf_
EARI 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
4 . D/ rt#4,1 Lice.Afa 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.
oD
WITNESS my hand and official seal in the State and County last aforesaid this / 5 y of 'anu a , 22903.
(Notary Seal)
.0p.RY Pt/ OFFICIAL NOTARY SEAL
2 }l <,, CATHY ANN HARDY
'lll Q COMMISSION NUMBER
�O DD121596
OF Cz MY COMMISSION EXPIRES
JUNE 5 2006
Page 2 of 2
NOTARY UBL'IC
My Commission Expires:
EXHIBIT "A"
That portion of the following described parcel of land lying south of and adjacent to
Lot ZO and bounded by the southerly extension.of the east and west limes 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 Can �}
physically occupied and nr united:
A portion of Section 14, 1bgaiship 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 Brevar
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 physira11y occupied and nrnui ted; 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 ADDTTION, 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
manunented, for a distance of 2363.17 feet to the Southeast comer 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 HEI( S SECCND ADDITION
and HARBOR HEIGHTS THIRD ADDITION as said South line is physically occupied and
monuaented, 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 wonamented, Thence N 02°26'04" W, along said East line as physically -
occupied and ram merited, 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
Oso
THIS EASEMENT is made this 3riday of J��1k6r j , 2003 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:
R4
STATE OF FLORIDA
COUNTY OF BREVARD
GRANTOR:
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 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 ,3 day of •--s0,1\‘.GA- -\ , 200*
NOTARY PUB IC
(Notary Seal)
NANCY H. LEVVIS
MY OOMMNcsioN # Do teeeeo
tore' EXPIRES: December 2. 2006 `
1.8003-NOTARY Ft Notary Service & Booting, Inc.
Page 2 of 2
My Commission Expires:
Dec. 2 1 200
EXHIBIT A
That portion of the following described parcel of land lying south of and
Lot Z1 and bounded by the southerly extension of the east and west lines
Harbor Heights, Second Addition according to the Plat thereof as recorded
Book 15 at page 80 of the Public Records of Brevard County, Florida as said
physically occupied and monunented: 1
A portion of Section 14, Township 24 South, Range 37 East, Brevard County,,ri D�
Florida more parti ml arly described as follows: o :3 /1
cp
Begin at the southwest corner of Lot 1 of HARBOR HEIGHTS according to D O
thereof as recorded in Plat Book 13 at Page 99 of the Public Records of dD yj>
County, Florida, said point also being on the East line of that parcel of laid -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 monunaited; Thence S
89°52118" 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
ranawnted, for a distance of 2363.17 feet to the Southeast comer 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 ADDITICN
and HARBOR HEIGHTS THIRD ADDITION as said South line is physically occupied and
mcnunented, 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 Fast line is physically
occupied and m nunented, Thence N 02°26'04" W, along said East line as physically
occupied and montmented, for a distance of 20.02 feet to the Point of Beginning;
Containing 1.085 acres more or less.
Prepared by and retum 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 h.) , 2006by Ronnie Pizatella and Kimberly
Pizatella, whose address is 345 Coral Drive, Cape Canaveral, Florida 3292 , 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 24-37-14-01-00000.0-0022.00 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.
Signed in the pr
STATE OF FLORIDA
COUNTY OF BREVARD
GRANTOR:
onnie Pizatella
I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State and County aforesaid to take
no ed menf s, t persona i appeared Ronnie Pizatella to me known personally or who produced
L— Cas 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, . he did n .,• swear
WITNESS y last aforesaid thi�6�%
STANLEY A. SYLVAIN
(N+,.' , �1 s Notary Public - State of Florida
My Comrression amino Nov 7, 2008
Commission tl 00132704
Bonded By National Notary Assn. (. at-
STATE OF FLORIDA
COUNTY OF BREVARD
OTARY
My Co
C
sion Expi
I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State and County aforesaid to take
owl ments/ , personally appeared Kimberly Pizatella to me known personally or who produced
. h! CI"e41 S -els 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 herei fir?. she • not swoath.
WITNESS my hand and official seal in the State and County Last aforesaid this
ot.s e a•..
# , STANLEY A. SYLVAIN
` : ; Notary Public - State of Florida
• •, My Commission Exz rea Nov7, 2008
� = Commission t 0t)132784
Bonded By National Notary Assn.
NNh' •
Page 2 of 2
N(d ARYPU. MC
My Commi .ion Expi
EXHIBIT "A"
portion of the following described parcel of land lying south of and adjacent to
22 and banded by the southerly extension of the east and west lines thereof
r Heights, Second Addition according to the Plat- thereof as recorded in
15 at page 80 of the Public Records of Brevard County, Florida as said lot isi,
ically occupied and mcnnmanted:
A portion of Section 14, lbwnship 24 South, Range 37 East, Brevard County,
Fda more particularly described as follows:
Begin at the southwest comer of lot 1 of HARBOR HEMS according to the plat
f as recorded in Plat Book 13 at Page 99 of the Public Records of Brevard
tys Florida, said point also being en the East line of that parcel of land described
• Records Book 246 at gage ll6 of the Public Records of Brevard Carty,
-.a -said corner and line are physically occupied and ma u ited; Thence S
along the South line of said HARBOR HEIGHTS and the South line of HARBOR
Wag MUTTON and HARBOR HEIGHTS BIRD AEOITKAN, arming to the plats
•� =� recorded is Plat Book 15 at Pages 80 and 81, respectively, of the Public
of Brevard County, Florida, as said South lime is ieal phys ly occupied and
molted, for a distance of 2363.17 feet to the Southeast comer of Lot 31 of said
FL9 3 0 � ADDITICtT; ice S 00°07'42" W, for a distance of 20.00 feet;
71 joe 89 52 18' W, along a line 20.00 feet South of as measured at right angles to
• gel with the South line of said HARBOR HEIGHTS, HARBOR HEIGHT SECOND A VMON
?, +: e � HEIGHT'S AEDITICH as said South line is physically occupied ied and
for a distance of 2362.28 feet to the East line of that parcel of land as
• it • insaidOfficial Records Book 246 at Page 116, as said East line is physically
andy
••G"• mantmented, Thence N 02°26'04" W, along said East line as physically
- - and °montmented, for a distance of 20.02 feet to the Point of Beginning;
....,_ 1.085 acres more or less.
Page 1 of 1
Susan Chapman
From: Ed Gardulski [egardulski@bellsouth.net]
Sent: Friday, July 02, 2004 9:40 AM
To: Bennett Boucher
Cc: City - Susan Chapman; City - Todd Morley
Subject: Re: Easements from Atty Hernandez
10-4,
I will be batch a group of easements for:
1. Harbor Heights, Second Addition
2.An easement along N. Atlantic,
3. and the road vacation easement within Harbor Height.
Ed
Original Message
From: Bennett Boucher
To: 'Ed Gardulski' ; 'City -Anthony_Garganese' ; Todd Peetz_(E-mail)
Cc: 'Tony Hernandez III' ; Todd Morley (E-mail)
Sent: Friday, July 02, 2004 8:45 AM
Subject: RE: Easements from Atty Hernandez
Ed & Todd,
You need to schedule these easement agreements for the next P & Z agenda per city code.
Thanks,
Bennett
Original Message
From: Ed Gardulski [mailto:egardulski@bellsouth.net]
Sent: Monday, June 28, 2004 1:08 PM
To: City - Anthony Garganese
Cc: Tony Hernandez III; City - Bennett Boucher; City Atty - Joan Flowers
Subject: Easements from Atty Hernandez
Sir,
Received two easement agreements prepared by the Law office of Tony Hernandez, P.A., in regards to the
Vacation of the road right-of-way with the Harbor Heights subdivision. The document read satisfactory from my
point of view.
Please review and comment.
Ed Gardulski
Public Works Director
(321) 868-1240
07/02/2004
MEMORANDUM
TO: Todd Morley,
Building Official
TO: Todd Peetz
City Planner
FROM: Ed Gardulski
Public Works Director
DATE: July 2, 2004
RE: Planning & Zoning Board Agenda Item for July 14, 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 thc ycar, thc City of Capc Canaveral is rcquircd t., obtain cascnlicnts 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 2nd. Addition recorded plat. The
Public Works Director supports the vacation of this original 10' easement for the above stated
lots only. The property owners for Lots 23 and 24 did not agree this Easement Agreement. After
review and recommendation from the Planning and Zoning Board, this Easement Agreement will
be presented to the City Council and shall be recorded in public records after approval.
Recommend the approval the above stated Easement Agreements.
Attachments
MEMORANDUM
TO: Todd Morley
Building Official
TO: Todd Peetz
City Planner
FROM: Ed Gardulski
Public Works Director
DATE: July 2, 2004
SUBJECT: Planning and Zoning Board Agenda Item for July 14, 2004
Easement Agreements along the West -Side of Atlantic Avenue
Parcel NO: 24-37-14-28-00000.0-000A.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. After review and recommendation from the
Planning and Zoning Board, this Easement Agreement will be presented to the City Council and
shall be recorded in public records after approval.
Recommend the approval the above stated Easement Agreement.
Attachment
CC: File
MEMORANDUM
TO: Todd Morley
Building Official
TO: Todd Peetz
City Planner
FROM: Ed Gardulski
Public Works Director
DATE: July 2, 2004
SUBJECT: Planning and Zoning Board Agenda Item for July 14, 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. 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 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 3rd
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.
After review and recommendation from the Planning and Zoning Board, this Easement
Agreement will be presented to the City Council and shall be recorded in public records after
approval.
Recommend the approval the above stated Easement Agreement.
Attachment
CC: File