HomeMy WebLinkAboutResolution No.67-15RESOLUTIO;I N0. 67 -15
A RESOLUTION AUTHORIZING THE EXECUTION OR
A CERTAIN EASEMENT AGREEMENT DETAEEN THE
CITY OF CAPE CANAVERAL AND RADIO REALTY
CORPORATIONI PROVIDING All EFFECTIVE DATE.
BE IT RESOLVED BY THE CITY COUNCIL OF TILE CITY OF
CAPE CANAVERAL, FLORIDA, AS FOLLOWS:
SECTION 1. The Idayor, attested by the City Clerk,
is hereby authorized and directed to execute that certain
Easement Agreement between the City of Cape Canaveral and
Radio Realty Corporation, a Florida corporation, which
Agreement is attached hereto and by this reference made
a part hereof.
SECTION 2. This Resolution shall take effect
immediately upon its adoption.
ADOPTED by the City Council of the City of Cape
Canaveral, Florida, in Special Meeting, on this 11th day
of April, 1967.
�wyor
Attest:
Approved as to Form:
AGREEME11T
THIS AGREEKENT made and entered into this 11th day of
April, 1967, by and between the CITY OF CAPE CANAVERAL, a
municipal corporation, duly organized and existing under the
laws of the State of Florida and located in the County of
Brevard ("Grantor") and RADIO REALTY CORPORATION, a corpora-
tion duly organized and existing under the laws of the State
of Florida with a mailing address at 1103 Hibiscus Boulevard,
Melbourne, Brevard County, Florida ( "Grantee ").
W I T H E 3 S E T H
In consideration of Ten Dollars 010.00) in hand this
day paid, and the covenants and promises of Grantee as herein
contained, the receipt and sufficiency of which are hereby
acknowledged,
1. Grantor does hereby grant, bargain, sell and convey
unto Grantee the right and easement to maintain,
construct, locate or relocate such so- called guy
wires and the like necessary to support the present
5001 so- called utility or radio tower presently
situated on the parcel or tract of land of Grantee
described in the Plat of Survey for Grantee attached
hereto and by this reference made a art hereof,
and /or to support all replacement (a� of such ex-
isting tower (specifically including as necessary
and permiasable guy wires and the like those shown
on said Plat) over and above a certain 50' strip
of right -of -way and a certain 80, strip of right -
n of -way owned by Grantor, which is shorn on said
Plat.' The term of this right and easement shall
commence on the date of this Agreement and shall
j �1 terminate if such referenced Plat of land is not
used in the actual operation of a radio broad-
casting station for a period in excess of two (2)
consecutive years, other than due to fire, due to
unavoidable casualty, or due to war or other
national emergency. As part of the consideration
being paid to the Grantor for the within right
and easement, the Grantee hereby covenants,
promises and agrees as follows:
(A) Grantor and Grantee do hereby acknowledge that
there is presently located within the 80, strip of
land of Grantor referred to above a so- called guy
anchor and that one of ^aid existing guy wires
crosses each of the said 80, strip and the 50,
strip of land referred to 1% the attached Plat.
(B) Grantee c. _ .ereby a raa promptly after
the execution this 1�reer ;cr.t,�_ ^tee will cause
the guy anchor r ently iccatcd the said
80' strl of . ;dyto be re -oved, .,� cause all
things to be Jane so tha . :.o point in
either of ... :.;:id 801 strip of lan: ;,r 50- strip
Of lan6 .._ . ... :�• „uy wires 0:1 the lil-0 less than 251
above , ,• street level; and th,t ;.hereafter,
at no .. -ell any guy wires or the like be
malrta :: any point in either of the said 801
strip c_ -o or 501 strip of land leas than 25'
above _..c or street level.
and the cxtention of the North -south right -of -way
J which rlee said prat but which is
now dedicated to the grantor .
R E S
PAGE z OFS
(C) Grantee does hereby further agree that at no
time shall Grantor have or incur any cost, expense,
liability, or responsibility for or as a result of
any of the guy wires or the like referred to in
this Agreement and that Grantee will indemnify and
hold Grantor harmless of and from the same, and
that Grantee will promptly after receipt of written
notice from Grantor relocate at the sole cost and
expense of Grantee any guy wire or the like as shall
Interfere with or impede the use of any portion of
either of the said 800 strip of land or 501 strip
of land by Grantor, and said guy wires or the like
shall be moved from its complained of location over
such other portions or said 80, strip of land or
501 strip of land as will provide or result in
equivalent substitute support to or for the said
utility or radio tower, or then replacements
thereof.
(D) During location or relocation of guy wires or
the like, all safety regulations of the City of
Cape Canaveral shall be observed and the said City
shall be relieved of all responsibility from damage
of any nature arising from this casement. During
ouch location or relocation of such guy wires or
the like, the Grantee shall take such safety
measures, including placing and display of caution
signs, as Grantor may deem necessary In the proper
conduct of construction and maintenance work.
(B) All property owned by the City of Cape Canaveral,
Grantor herein, shall be restored to its original
condition as far as practical, in the opinion of said
City.
(P) All work done by Grantee, or its agent hereunder,
over and above the said 801 and 501 strips of land
described in the attached Plat, shall be done in
keeping with the Building Code standards of the City
of Cape Canaveral and under the supervision of the
Building Official or said City.
(G) ilhenever necessary for the construction, repair,
improvement, alteration or relocation of all, or any
portion of Grantor's drainage, sewerage or street
facilities located in the said 80, or 501 strips of
land as determined by the City of Cape Canaveral,
Grantor herein, Grantee shall immediately remove
from said strips of land any and all wires, cables
or like facilities authorized in this Agreement and
relocate or reset the same as required by the City
of Cape Canaveral and at the expense of the Grantee,
In conformity with Paragraph 1'(C) of this instrument.
2. The terms and provisions o3 ,s Agreenent shall be
binding upon and inure to thccneflt of each of the
Grantor and the or:mtee, r_.d its _ospective successors
and aosigns, Secluding without 1I.-altation all
successors 1 s :
.!tie to, and _1 record o:rners from
time to tine o: any one or joro of tae said
tracts or - of land cfcr ed parcels,
ment, and - :a :his Agree-
" .Jlawrfully claiming :,;, through or
under any o; such as tare 01n:er or owners from
time to tic %: �f�the said utility or radio tower or
any rcplace;co t(s) thereof, tenants, licensees,
raortCagces and invitees of the Grantor, Grantee
and /or o>nor o: owners from time to time of any
of such tower(a).
IN WITNESS WHEREOF, each of the Grantor and the Grantee
has caused these presents to be executed in its name and its
corporate seal to be hereunto affixed, by its proper officers
thereunto'duly authorized, the day and year first above written.
Signed, sealed and delivered CITY OF CAPE CANAVERAL
in the presence of: (�
ily
Hereunit0 duly authorized
C U
Signed, sealed and delivered
in the presence of:
lt�t�
STATE OF FLORIDA
COUNTY OF BREVARD
Attest:
C9ey
RADIO REALTY CORPORATION
r�-s, ft�r,
Hereunto Cult' authorized
Attest:
"
I HEREBY CERTIFY that on this day, before me, an officer
duly authorized in the State and County aforesaid to take
acknowledgments, personally appeared RICIVuRD R, TIMIM and
JOSEPH A. RICKARDS well known to me to be the 5I^yor and City
Cleric respectively of the City of Cape Canaveral named as
Grantor in the foregoing ''Grcement, and that they severally
aclmowledged executing the zar..e in the present, of two sub-
scribing witnesses freely and voluntarily unc,:r authority
duly vested in then by said City of Cape Canaveral and that
the seal affixed thereto is the true seal of the City of Cape
Canaveral.
WITNESS my hang and official seal in the County and
State aforesaid this 11th day of April, 1967.
Lota:y i'uu c
%— /v
PAGE ,1 OF-5- :��:
STATE OF FLORIDA
COUNTY OF BREVARD
I HEREBY CERTIFY that on this day, before me, an
officer duly authorized in the State and Country aforesaid
to take aclmowledgments, personally appeared Cicit r) �.� /p/6
and C'. iv- F /F011lAN well kno:m to me to
be the '�dcslDtN'+ and S;'.Y2t'ulr ?1y
respectively of the corporation named as Grantee in the
foregoing Agreement, and that they severally acknowledged
executing the same in the presence of two subscribing
witnesses freely and voluntarily under authority duly
vested in them by said corporation and that the seal
affixed thereto is the true corporate seal of said
corporation.
WITNESS my hand and official seal in the County
and State aforesaid this 11th day of April, 1967.
Q /T T
notary io
711linPY i GPIIL. SWIM ILU13R .1 [A.,
1 }Y 00'.Ia1SSI0h (Ri1P(S MAY 25. 110
!iI:S f %— IS
RESOLUTION NO. G(-15
A RESOLUTION AUTHORIZING Ti1C E)MCUTION OF
A CERTAIN EASEMENT AGRKE-MEIT DET.-MEN MIE
CITY OF CAPE CANAVERAL A14D RADIO REALTY
CORPORATION) PROVIDING AN EFFECTIVE DATE.
BE IT RESOLVED BY TILE CITY COUNCIL OF ME CITY OF
CAPE CANAVERAL, FLORIDA, AS FOLLOWS:
SECTION 1. The Mayor, attested by the City Clerk,
in hereby authorized and directed to execute that certain
Easement Agreement between the City of Cape Canaveral and
Radio Realty Corporation, a Florida corporation, which
Agreement in attached hereto and by this reference made
a part hereof.
SECTION 2. Thin Resolution shall take effect
immediately upon its adoption.
ADOPTED by the City Council of the City of Cape
Canaveral, Florida, In Special Meeting, on thin 11th day
of April, 1967.
mayor
Attest:
0
w
�11�'L'lerx .
Approved as to Form:
11 ",
A G R E E M E N T
THIS AGREEMENT made and entered into this 11th day of
April, 1967, by and between the CITY OF CAPE CANAVERAL, a
municipal corporation, duly organized and existing under the
laws of the State of Florida and located in the County of
Brevard ( "Grantor ") and RADIO REALTY CORPORATION, a corpora-
tion duly organized and existing under the laws of the State
of Florida with a mailing address at 1103 Hibiscus Boulevard,
Melbourne, Brevard County, Florida ( "Grantee ").
W I T 11 E S S E T 11 :
In consideration of Ten Dollars (,,",10.00) in hand this
day paid, and the covenants and promises of Grantee as herein
contained, the receipt and sufficiency of which are hereby
acknowledged,
1. Grantor does hereby grant, bargain, sell and convey
unto Grantee the right and easement to maintain,
construct, locate or relocate such so- called guy
wires and the like necessary to support the present
500' so- called utility or radio tower presently
situated on the parcel or tract of land of Grantee
described in the Plat of Survey for Grantee attached
hereto and by this reference made a art hereof,
and /or to support all replacement (s� of such ex-
istinC tower (specifically Sncludino as necessary
and permissable guy wires and the like those shown
on said Plat) over and above a certain 50' strip
of right -of -way and a certain 80' strip of right -
of -way owned by Grantor, which is shown on said
The term of this right and easement shall
j Pla
commen atce on the date of this Agreement and shall
.I :1 termine if such referenced Plat of land is not
used in the actual operation of a radio broad-
] casting station for a period in excess of two (2)
consecutive years, other than due to fire, due to
unavoidable casualty, or due to war or other
national emergency. As part of the consideration
being paid to the Grantor for the within right
and easement, the Grantee hereby covenants,
promises and agrees as follows:
(A) Grantor and Grantee do hereby acknowledge that
there 1s presently located within the 80' strip of
land of Grantor referred to above a so- called guy
anchor and that one of said exlatinG guy wires
crosses each of the said 80' strip and the 50'
strip of land referred to I% the attached Plat,
(D) Grantee hereby a3roa t prrptly after
the execution, :.. •this ',free::.:. z, ,tee will cause
the guy anc:o: r o gently lcoz.ted ;_:.._ the said
80' strip o_ .:.:dto be removed, ":',a cause all
things rcc;sc:,: :r to be dose so that :.o point in
either o_ ;,mid 80' otrip of lam:: . 50' strip
Of lard ._ . ..:.y- ;uy Wiros or the like _vss than 25'
above ^treet level; and that ;,hereafter,
at no 11 any guy wires or the like be
maintaic,_ c. any point in either of the said 80'
strip c_ d or 50' strip of land le" than 25'
above or street level.
• /I it ��• " and the extcnt-ion of the North- :7outh right -of -way
which is not reflected on the said plat but which is
( /i /f �?;� �l• now dedicated to the Grantor.
R E S
PAGE Z OFS
(C) Grantee does hereby further agree that at no
time shall Grantor have or incur any cost, expense,
liability, or responsibility for or as a result of
any of the guy wires or the like referred to in
this Agreement and that Grantee will indemnify and
hold Grantor harmless of and from the same, and
that Grantee will promptly after receipt of written
notice from Grantor relocate at the sole cost and
expense of Grantee any guy wire or the like as shall
interfere with or impede the use of any portion of
either of the said 801 strip of land or 501 Strip
of land by Grantor, and said guy wires or the like
shall be moved from its complained of location over
Such other portions of said 80, strip of land or
501 strip of land as will provide or result in
equivalent substitute support to or for the said
utility or radio tower, or then replacements
thereof.
(D) During location or relocation of guy wires or
the like, all safety regulations of the City of
Cape Canaveral shall be observed and the said City
Shall be relieved of all responsibility from damage
of any nature arising from this easement. During
ouch location or relocation of such guy wires or
the like, the Grantee shall take such safety
measures, including placing and display of caution
signs, as Grantor may deem necessary in the proper
conduct of construction and maintenance work.
(E) All property owned by the City of Cape Canaveral,
Grantor herein, shall be restored to its original
condition as far as practical, in the opinion of said
City.
(R) All work done by Grantee, or its agent hereunder,
over and above the said 801 and 50l strips of land
described in the attached Plat, shall be done in
keeping with the Building Code standards of the City
of Cape Canaveral and under the supervision of the
Building Official of said City.
(G) whenever necessary for the construction, repair,
improvement, alteration or relocation of all, or any
portion of Grantor's drainage, sewerage or street
facilities located in the said 80, or 501 strips of
land as determined by the City of Cape Canaveral,
Grantor herein, Grantee shall immediately remove
from said strips of land any and all wires, cables
or like facilities authorized in this Agreement and
relocate or reset the same as required by the City
of Cape Canaveral and at the expense of the Grantee,
in conformity with Paragraph 1 (C) of thin instrument.
The terms and provisions of Agreement shall be
binding upon and inure to -zho benefit of each of the
Grantor and tine ^rantee, ..:d its rOsPective successors
and aasigna, i.-.cluding without liaitation all
successors _itle to, and all record o ;;Hers from
time to time � , any one or core Of t:Ic said parcels,
tracts or - J of land referred �a thin Agree-
ment, and lawfully claiming * through or
m
under any ;em, such as `he o:er� or O'."ners from
time to tic:;; of the said utility or radio tourer or
any replace ; :.oa(s) `hereof, tenants, licensees,
mortCagcez and invitees of the Grantor, Grantee
and /or orner of o.rners from time to time of any
of Such tower(o).
IN 4JITNESS WHEREOF, each of the Grantor and the Grantee
has caused these presents to be executed in its name and its
corporate seal to be hereunto affixed, by its proper officers
thereunto'duly authorized, the day and year first above written.
Signed, sealed and delivered
in the presence of /:
U
Signed, sealed and delivered
In the presence of:
STATE OF FLORIDA
COUNTY OF BREVARD -
CITY OF CAPE CANAVERAL AL
lts r1)Q 0L
HercuntO duly authorized
Attest;
Cr)Y C)[Y
RADIO REALTY CORPORATION
T�LS,
Hereunto (luly authorized
Attest:
��
//r ecn ru1J
I HEREBY CERTIFY that on this day, before me, an officer
duly authorized in the State and County aforesaid to take
acknowledgments, personally appeared RICIUM R. 1n7URi•1 and
JOSEPH A. RICKARDS well )moo-m to me to be the Mayor and City
Clerk respectively of the City of Cape Canaveral named as
Grantor in the foregoing Agreement, and that they severally
ac)mowledged executing the rare in the prezenca of two sub-
scribing witnesses freely and voluntarily uncar authority
duly vested in them by said City of Cape Canaveral and that
the seal affixed thereto is the true seal of the City of Cape
Canaveral.
WITNESS my Nana =d official seal in the County and
State aforesaid this 11th day of April, 1967.
F'ocary 1,5511c
2 =5 b 7 -y5
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 a UTACB C.(.R1I6'
and C'. iY• F/F011111AI well known to me to
be the TPeCiOf N*7- and SF,i2c- rYIr'y
respectively of the corporation named as Grantee in the
foregoing Agreement, and that they severally acknowledged
executing the same in the presence of two subscribing
witnesses freely and voluntarily under authority duly
( vested in them by said corporation and that the seal
affixed thereto is the true corporate seal of said
corporation.
WITNESS my hand and official seal in the County
and State aforesaid this 11th day of April, 1967-
Notary Volic
1111iAR( euPtic. Sfnit M MR124 .1 I:au
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