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Home My WebLink About2006-204 Re : Proposed School Site Instrument prepared by and should be returned to: County Attorney 's Ofce 840 25 ° Street Vero Beach, FL 32960 PUBLIC UTILITY EASEMENT This Grant of Easement, made and executed this 13th day of June A. D . , 2006 , by INDIAN RIVER COUNTY, FLORIDA, a political subdivision of the State of Florida , whose address is 1840 25th Street, Vero Beach , FL 32960, hereinafter called GRANTOR*, to DIVOSTA HOMES, L. P . , a Delaware limited partnership, 100 Bloomfield Hills Parkway, Suite 300, Bloomfield Hills , MI 48304 , hereinafter called GRANTEE*, 'Whenever used herein the term GRANTOR and GRANTEE include all parties to this instrument and their heirs, legal representatives, successors, and assigns. WITNESSETH : GRANTOR for and in consideration of the sum of One Dollar and other consideration , receipt of which is hereby acknowledged , hereby grants in perpetuity unto the GRANTEE , and any utility provider, including cable television , a non-exclusive easement for the construction , installation , maintenance , and operation of utilities , on , over, across , and beneath the following described land , situate in Indian River County, Florida , to-wit: SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF TO HAVE AND TO HOLD the same unto the GRANTEE and any utility provider, including cable television , together with the right to enter upon said land , place , excavate , and remove materials for the purpose of constructing , operating , and maintaining utility facilities thereon . GRANTOR and GRANTEE are used for singular or plural , as the context requires . The easement granted herein shall constitute easements running with the land and shall burden the lands described above . IN WITNESS WHEREOF, the GRANTOR has herein set its hand and seal the day and year first above written . INDIAN RIVER COUNTY, FLORIDA Attest: J . K. Barton , Clerk By its Board of County Commissioners . By d`<" tir / By G Deputy Clerk / Gar . Wheeler , Vice Chairman (Official Seal) BCC approved : June 13 , 2006 Approved as to form and le I ficien `�� illiam K. DeBraal Assistant County Attorney ARC 1 T 2TA ENGINEERS o PLANNERS SURVEYORS 590 NW Peacock Blvd , Suite 9, Port St. Lucie, FL 34986 (772) 878-1700 fax: (772) 878-1802 • Web: w .lnw-inc.com West Palm Beach Port St. Lucie • Orlando Vero Beach ES 7917 / LB 7002 LEGAL DESCRIPTION : A 10 FOOT UTILITY EASEMENT SITUATE IN THE NORTHWEST ONE -QUARTER OF SECTION 21 , TOWNSHIP 32 SOUTH , RANGE 39 EAST , INDIAN RIVER COUNTY , FLORIDA , LYING 10 FEET NORTH , WEST AND PARALLEL WITH THE FOLLOWING DESCRIBED LINE : COMMENCING AT THE SOUTHWEST CORNER OF THE NORTHWEST ONE -QUARTER OF SAID SECTION 21 ; THENCE , ALONG SOUTH LINE OF SAID NORTHWEST ONE - QUARTER , SOUTH 89 ' 46 ' 12 " EAST , A DISTANCE OF 1030 . 56 ; THENCE , DEPARTING SAID SOUTH LINE , NORTH 00013 ' 48 " EAST , A DISTANCE OF 80 . 00 FEET TO A POINT ON A LINE 20 FEET NORTH OF AND PARALLEL WITH THE NORTH RIGHT -OF -WAY LINE OF LINDSEY ROAD ( 49TH STREET ) SAID POINT ALSO BEING THE POINT OF BEGINNING ; THENCE , FROM THE POINT OF BEGINNING , ALONG SAID PARALLEL LINE , SOUTH 89 ' 46 ' 12 " EAST , A DISTANCE OF 1082 . 16 FEET ; THENCE NORTH 45 ' 13 ' 48 " EAST , A DISTANCE OF 35 . 36 FEET ; THENCE NORTH 00 ' 13 ' 48 " EAST , A D . ISTANCE OF 431 . 24 FEET TO THE POINT OF CURVATURE OF A CURVE CONCAVE TO THE SOUTHEAST HAVING A RADIUS OF 630 . 00 FEET ; THENCE NORTHERLY , ALONG THE ARC OF SAID CURVE , THROUGH A CENTRAL ANGLE OF 19 ' 13 ' 26 ' AN ARC DISTANCE OF 211 . 38 FEET TO THE POINT OF TANGENCY ; THENCE NORTH 19 ' 27 ' 15 " EAST , A DISTANCE OF 63 . 75 FEET TO THE POINT OF TERMINUS AND END OF SAID EASEMENT . CONTAINING 18173 . 58 SQUARE FEET OR 0 . 42 ACRES , " MORE OR LESS . THE SIDES OF THE ABOVE DESCRIBED EASEMENT SHALL BE LENGTHENED OR SHORTENED , AS NECESSARY , IN ORDER TO MAINTAIN A CONTINUOUS STRIP OF LAND 10 FEET IN WIDTH AND TO INTERSECT EXISTING EASEMENTS , PROPERTY LINES AND RIGHTS -OF -WAY OF RECORD . SUBJECT TO EASEMENTS , RESTRICTIONS AND RIGHTS -OF -WAY OF RECORD . CERTIFICATION : I HEREBY CERTIFY THAT THE DESCRIPTION AND ATTACHED SKETCH OF DESCRIPTION WERE PREPARED IN ACCORDANCE WITH THE SURVEYING STANDARDS , CHAPTER 61G17 -6 , FLORIDA ADMINISTRATIVE CODE , AS SET FORTH BY THE FLORIDA BOARD OF PROFESSIONAL SURVEYORS & MAPPERS , PURSUANT TO SECTION 472 . 027 , FLORIDA STATUTES , AND IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE AND BELIEF . UNLESS IT BEARS THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER , THIS DESCRIPTION AND SKETCH IS FOR INFORMATIONAL PURPOSES ONLY AND IS NOT VALID . NOTE : THIS IS NOT A SKETCH OF SURVEY , BUT ONLY A GRAPHIC DEPICTION OF THE DESCRIPTION SHOWN HEREON . THERE HAS BEEN NO FIELD WORK , VIEWING OF THE SUBJECT f l PROPERTY, OR MONUMENTS SET IN CONNECTION WITH THE � ? � D PREPARATION OF THE INFORMATION SHOWN HEREON . AVID L . SMITH , P . S . M . DA TE OF iGvn7URE NOTE: LANDS SHOWN HEREON WERE NOT ABSTRACTED FOR PROFESSIONAL SURVEYOR AND MAPPER RESTRICTIONS, RIGHTS- OF - WAY AND EASEMENTS OF RECORD . FLORIDA REGISTRATION NO . 4951 SHEET 1 OF 2 JOB No . A774 DRAWN : DLS CHECKED : DLS DWG # A774SDIl DATE : 2 - 22 - 06 ACADIS ENGINEERS PLANNERS SURVEYORS 590 NW Peacock Blvd, Suite 9, Port St. Lucie, FL 34986 (772) 878-1700 lax: (772) 878-1802 • Web: www.lnw-inc.com West Palm Beach Port St. Lucie • Orlando • Vero Beach E9 7917 / LB 7062 SKETCH TO ACCOMPANY DESCRIPTION, THIS IS NOT A SURVEY! O I O m II TRACT 4 I TRACT 3 W — �l — U I III � TRACT 5 I TRACT 6 IIS ! II I N. W. 1 / 4 OF I �'\` P. O.T. ISI I SECTION 21 , TWP. 32 S. , RGE 39 E . = Z I N19'27' 15"E 63. 75' R=630. 00' Y I A= 19' 13' 26 " III I L=211 .38 ' III IPROPOSED PROPOSED Li SCHOOL SITE UTILOITY °o N 18 ACRES +/- `t PROPOSED PROPOSED I EASEMENT 20. 00' 10. 00' I I o PROPOSED o ADDITIONAL UTILITY i Z I � RIGHT- OF- WAY EASEMENT — — — — — � 51st COURT J P. O. B. L_— I _ — S89' 46 ' 12 ' E 1030 . 56 ' UNDSEY ROAD 49TH . ST. - - - - - - - - - - - - - - - - - - - - - N00' 13r4s "E — — — 589'46' 12 "E N45' 13'48"E i SUB- LATERAL H - 2 CANAL 80. 00' (S.T. ) 1082 . 16'I 35. 36 0 NORTH RIGHT- OF- WAY LINE LINDSEY ROAD (49TH . ST. ) SOUTH LINE OF THE N. W. 1 / 4ED P•O. C . SECTION 21 , TWP. 32 S. , RGE 39 E. SOUTHWEST CORNER OF N. W. 1 /4 OF SECTION 21 , TWP. 32 S . , RGE 39 E . It ob PEOGENDPOINT OF COMMENCEMENT I "' AJ P . O . B . - POINT OF BEGINNING P . O . T. - POINT OF TERMINUS S .T. - SURVEY TIE SEE SHEET 1 OF 2 FOR DESCRIPTION SHEET 2 OF 2 JOB No . A774 DRAWN : DLS CHECKED : DLS IDWG # A774SDll I DATE : 2 - 22 - 06 Re: Proposed EMS/FPL site 6 Instrument prepared by andh 7r should be returned to: �C U County Attorney 's Office 1840 25`h Street Vero Beach, FL 32960 PUBLIC UTILITY EASEMENT This Grant of Easement, made and executed this 13th day of June A. D . , 2006 , by INDIAN RIVER COUNTY, FLORIDA, a political subdivision of the State of Florida , whose address is 1840 25th Street, Vero Beach , FL 32960 , hereinafter called GRANTOR` , to DIVOSTA HOMES, L. P. , a Delaware limited partnership, 100 Bloomfield Hills Parkway, Suite 300, Bloomfield Hills , MI 48304, hereinafter called GRANTEE*, 'Whenever used herein the term GRANTOR and GRANTEE include all parties to this instrument and their heirs, legal representatives, successors, and assigns. WITNESSETH : GRANTOR for and in consideration of the sum of One Dollar and other consideration , receipt of which is hereby acknowledged , hereby grants in perpetuity unto the GRANTEE , and any utility provider, including cable television , a non-exclusive easement for the construction , installation , maintenance , and operation of utilities , on , over, across , and beneath the following described land , situate in Indian River County, Florida, to-wit: SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF TO HAVE AND TO HOLD the same unto the GRANTEE and any utility provider, including cable television , together with the right to enter upon said land , place , excavate , and remove materials for the purpose of constructing , operating , and maintaining utility facilities thereon . GRANTOR and GRANTEE are used for singular or plural , as the context requires . The easement granted herein shall constitute easements running with the land and shall burden the lands described above. IN WITNESS WHEREOF , the GRANTOR has herein set its hand and seal the day and year first above written . INDIAN RIVER COUNTY, FLORIDA Attest: J . K. Barton , Clerk By its Board of County Commissioners By _ afr ,W By ZjYLYw 6G[/ Deputy Clerk Gag C . Wheeler , Vice Chairman (Official Seal) BCC approved : June 13 , 2006 Approved as to form and F I suffici cL"� ) William K. DeBraal Assistant County Attorney AR CAIS1EXHIBIT ' � ENGINEERS PLANNERS SURVEYORS 590 NW Peacock Blvd, Suite 9, Port St. Lucie, FL 34986 (772) 878- 1700 fax: (772) 878-1802 • Web: www.lnw-inc.com West Palm Beach Port St. Lucie • Orlando • Vero Beach EB 7617 / LB 7082 LEGAL DESCRIPTION : A 10 FOOT UTILITY EASEMENT SITUATE IN THE NORTHWEST ONE—QUARTER OF SECTION 22 , TOWNSHIP 32 SOUTH , RANGE 39 EAST , INDIAN RIVER COUNTY , FLORIDA , LYING 10 FEET NORTH OF AND PARALLEL WITH THE FOLLOWING DESCRIBED LINE : COMMENCING AT THE SOUTHEAST CORNER OF THE NORTHWEST ONE—QUARTER OF SAID SECTION 22 ; THENCE NORTH 00 . 28 ' 39 " WEST , A DISTANCE OF 80 . 01 FEET TO A POINT ON A LINE 20 FEET NORTH OF AND PARALLEL WITH THE NORTH RIGHT—OF—WAY LINE OF LINDSEY ROAD ( 49TH STREET ) SAID POINT ALSO BEING THE POINT OF BEGINNING ; THENCE , FROM THE POINT OF BEGINNING , ALONG SAID PARALLEL LINE NORTH 89 . 43 ' 25 " WEST , A DISTANCE OF 311 . 71 FEET TO THE POINT OF TERMINUS AND THE END OF SAID EASEMENT . THE SIDES OF THE ABOVE DESCRIBED EASEMENT SHALL BE LENGTHENED OR SHORTENED , AS NECESSARY , IN ORDER TO MAINTAIN A CONTINUOUS STRIP OF LAND 10 FOOT IN WIDTH AND TO INTERSECT EXISTING EASEMENTS , PROPERTY LINES AND RIGHTS—OF—WAY OF RECORD . SAID PARCEL CONTAINING 3117 . 09 SQUARE FEET OR 0 . 072 ACRES , MORE OR LESS . ALL BEARINGS SHOWN HEREON ARE BASED ON THE SOUTH LINE OF SAID SECTION 222 SAID LINE IS ASSUMED TO BEAR NORTH 89 . 43 ' 25 ° WEST . SUBJECT TO EASEMENTS , RESTRICTIONS AND RIGHTS—OF —WAY OF RECORD . CERTIFICATION : I HEREBY CERTIFY THAT THE DESCRIPTION AND ATTACHED SKETCH OF DESCRIPTION WERE PREPARED IN ACCORDANCE WITH THE SURVEYING STANDARDS , CHAPTER 61G17 -6 , FLORIDA ADMINISTRATIVE CODE , AS SET FORTH BY THE FLORIDA BOARD OF PROFESSIONAL SURVEYORS & MAPPERS , PURSUANT TO SECTION 472 . 027 , FLORIDA STATUTES , AND IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE AND BELIEF . UNLESS IT BEARS THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER , THIS DESCRIPTION AND SKETCH IS FOR INFORMATIONAL PURPOSES ONLY AND IS NOT VALID . NOTE : THIS IS NOT A SKETCH OF SURVEY, BUT ONLY A GRAPHIC DEPICTION OF THE DESCRIPTION SHOWN HEREON . THERE HAS BEEN NO FIELD WORK, VIEWING OF THE SUBJECT PROPERTY, OR MONUMENTS SET IN CONNECTION WITH THE PREPARATION OF THE INFORMATION SHOWN HEREON . DAVID L. SMITH , P . S .M . areoF ccvvnru � NOTE: LANDS SHOWN HEREON WERE NOT ABSTRACTED FOR PROFESSIONAL SURVEYOR AND MAPPER RESTRICTIONS , RIGHTS —OF—WAY AND EASEMENTS OF RECORD . FLORIDA REGISTRATION NO . 4951 SHEET 1 OF 2 JOB NO . A774 DRAWN : DLS CHECKED : DLS DWG # A774SD14 DATE : 2 - 24 - 06 RCADIS ENGINE ERB PLANNERS SURVEYORS 590 NW Peacock Blvd, Suite 9, Port St. Lucie, FL 34986 (772) 878-1700 tax: (772) 878-1802 • Web: www.lnw-inc.com West Palm Beach Port St. Lucie • Orlando • Vero Beach EB 7817 / LB 7062 SKETCH TO ACCOMPANY DESCRIPTION, THIS IS NOT A SURVEY! 0 S89' 43 ' 25 "E 304. 26 ' I I LLJ Q U (n N. W . 1 /4 OFLO PROPOSED SECTION 22, TWP. 32 S. , RGE 39 E. EMS / FPL SITE C z 4 ACRES + /- w w 3 = F- r� 0 O Lj CD da ft o _j LEGEND : J P . O . C . - POINT OF COMMENCEMENT z V) H P . O . B . - POINT OF BEGINNING U) P . O .T. - POINT OF TERMINUS w S .T . - SURVEY TIE o 3 PROPOSED 0 0 0 10 . 00' a o r UTILITY o o EASEMENT aNa � P.O.T. _ P.O. B. N89' 43 25"W 311 . 71 CD T o� N89' 43 ' 25 "W 1400. 00' M CD LINDSEY ROAD (49TH . ST. ) o 0 N89" 43' 25 "W 2573. 60 ' �T z �' — SUB-LATERAL H- 2 CANAL P.O .C . o SOUTH LINE OF THE N .W . 1 / 4 SOUTHEAST CORNER OF N . W . 1 / 4 OF o SECTION 22 , TWP . 32 S . , RGE 39 E . SECTION 22, TWP. 32 S . , RGE 39 E . ( BASIS OF BEARING) SEE SHEET 1 OF 2 FOR DESCRIPTION SHEET 2 OF 2 JOB No . A774 DRAWN : DLS I CHECKED : DLS DWG # A774SD14 I DATE : 2 - 24 - 06