HomeMy WebLinkAboutResolution No. 1979-21 '1 MICROFILMED 4-11-80
RESOLUTION NO. 79-21
A RESOLUTION ACCEPTING A SANITARY SEWER SYSTEM
INSTALLED AND CONSTRUCTED IN THE PORT CANAVERAL
AREA AND ACCEPTING THE UTILITIES MAINTENANCE
EASEMENT GIVEN BY THE CANAVERAL PORT AUTHORITY,
PURSUANT TO THE SEWER FRANCHISE AGREEMENT WITH
THE CANAVERAL PORT AUTHORITY; PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the City of Cape Canaveral, Florida, entered into a
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Sewage Franchise Agreement with the Canaveral Port Authority on April 21,
1970, for the purpose of providing sanitary sewage in the Port Canaveral
area; and
WHEREAS, said agreement provides that the Port Authority shall
grant to the City the necessary easements and license to operate and
maintain the system, upon the City's acceptance of the system; and
WHEREAS, the City has now determined that the sewage system has
been properly constructed and installed according to the plans and
specifications provided to the City by the Port Authority, and approved by
the City Engineer;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the
City of Cape Canaveral, Florida, as follows:
SECTION 1. The City of Cape Canaveral, Florida, pursuant to a
Sewage (Franchise Agreement with the Canaveral Port Authority, dated
April 21, 1970, hereby accepts the sanitary sewer system installed and
constructed in the Port Canaveral area, as shownon that certainmap plan
designated "Waste Water As-Built Index Plan, Project No. 55-2-W0-116",
dated September 7, 1978, consisting of 17 sheets, which plans are attached
to this resolution, identified as Schedule "A" and by ,thii"s reference� made
part of said resolution. ?��-^� �, 11'''x_— ct °�`�T ' v
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SECTION 2. The City of Cape Canaveral, Florida, hereby accepts
the utilities maintenance easement dated June 13, 1979, given by the
Canaveral Port Authority, pursuant to the Sewage Franchise Agreement
described above, and identified as Schedule "B", and by this reference
1
MICROFILMED 4-11-80
made part of this resolution.
SECTION 3. This resolution shall become effective immediately
uponits adoption.
ADOPTED by the City Council of the City of Cape Canaveral,
•
Florida, this 19 day of June , 1979.
CNTIAV N h� 1\44yor
RY • i ..
,test '
`pity C4'erk - -j= -.
- • :pp,r• d as.tofar
- ttorney
NAME YES NO
Boyd X
Calvert X
Lee X
Thurm X
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•Phis instrument was preparedly: ;
• - " ERS C'RCUI=COURT EDWARD M. JACKSON,
c� r4i a ESQUIRE
?�
POST OFFICE BOX 127
COCOA, FLORIDA 32922
UTILITIES MAINTENANCE EASEMENT MICROFILMED 4-11-80
Pursuant to that certain sewage franchise agreement,
dated April 21, 1970, between the CANAVERAL PORT AUTHORITY, a
body politic and a body corporate under the laws of the State
of Florida, hereinafter called the "Grantor", and the CITY OF
CAPE CANAVERAL, FLORIDA, a municipal corporation under the laws
of the State of Florida, hereinafter called the "Grantee", the
Grantor has granted and does hereby grant to the Grantee an
easement having a width of 10 feet over that portion of the
real property of the Grantor lying within five feet on each
side of the respective centerlines of the mains, pipes, lift
stations, meters and appurtenances of that portion of the
sanitary sewage system depicted and shown on that certain map
plan designated "Wastewater As-Built Index Plan, Project
No. 55-2 WO 116" prepared by Gee & Jenson Consulting Engineers
dated September 7, 1978, consisting of 17 sheets which lies
outside of the boundaries of the property leased by the Gran-
tors to others, except that portion of such leased premises
where the Grantor has reserved to itself a utilities installa-
tion and maintenance easement. A copy of said map plan is at-
tached hereto and by this reference incorporated herein. The
easement rights so granted by the Grantor to the Grantee
authorize and empower the Grantee to operate and maintain
said sanitary sewage system under said franchise agreement
for the duration of same.
The Grantor reserves to itself the right to re-locate
said sanitary sewage facilities at its expense. This grant
of easement shall terminate when said franchise between the
Grantor and Grantee terminates.
IN WITNESS WHEREOF, the CANAVERAL PORT AUTHORITY, being
vested with all of the powers of a body corporate, has caused
these presents to be executed in its official name by its
Chairman and attested by its Secretary, and the official seal
of said CANAVERAL PORT AUTHORITY hereunto affixed on this
13th day of June, 1979.
ATTEST: CANAVERAL PORT AUTHORITY
co�. 4:•_ • ..mss•_ 43yg.
et etary is - rman
tri
�-•} ,(co Qrae. `seal
)
', ,, _ TA"E j•OFFLORIDA
;COUNTY.OF .BREVARD `'o
;I'HEREBY CERTIFY that on this daybefore me, an officer
duly authorized to take acknowledgemets, personlly appeared co
`;WESLEY H. HOUSER and MALCOLM E. McLOUTH, Secretary and Chair- -•a
uian, respectively, of the CANAVERAL PORT AUTHORITY, and known :.�-
.�j to me to be the individuals described in and who executed the
foregoing instrument and they acknowledged that they executed • x
.y " and attested to the instrument in behalf of said CANAVERAL as
`v1 PORT AUTHORITY, duly authorized and acting.
WITNESS my hand and official seal in the County and °.••' �f
( State last aforesaid this 13th day of June 1979. o 'J. ,` '"
otary Pub is .'. v o :z •cl•
�:- My commission expires: 811/82-; '-
•
7•4,) REV. 5/29/79 :,. •,• + j.
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ATTTCHMENT;. .TO AESOLUTION #:79 2.1