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1801 27th Street RECIPROCAL EASEMENT AGREEMENT
Vero Beach, Florida 32960 BETWEEN
SCHOOL BOARD OF INDIAN RIVER COUNTY
AND
INDIAN RIVER COUNTY
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THIS DOCUMENT HAS BEEN
RECORDED IN THE PUBIC RECORDS
OF INDIAN RIVER COLN'rY FL
BK: 2248 PG 1611 Pagel of
03/11/2008 at 09:16 AM,
D DOCTAX PD $0.70
JEFFREY K BARTON, CLERK OF COURT
THIS RECIPROCAL AGREEMENT (the "Agreement") is made as of the Lday
of
YU0.1(
, 2008, by
and between the School Board of Indian River
County
having
an address
of 1990 25th
Street, Vero Beach, Florida, 32960, hereinafter
called
"SCHOOL BOARD" and Indian River County having an address of 180127 th Street,
Vero Beach, Florida, 32960, hereinafter called "COUNTY";
WHEREAS, the SCHOOL BOARD is the owner of that certain tract
of land (the "School Property") being more particularly described in Exhibit "A"
attached hereto and incorporated herein; and
WHEREAS, the COUNTY is the owner of that certain tract of land (the "57th
Street Right -of -Way") being more particularly described in Exhibit `B" attached hereto
and incorporated herein; and
WHEREAS, the SCHOOL BOARD and COUNTY desire to
create a reciprocal easement for stormwater management and the drainage/retention
system over both the School Property and the 57th Street Right -of -Way for the benefit of
each; and
WHEREAS, both the School Property and the 571h Street Right -of -Way will be
served by a drainage/retention system designed and operated in accordance with Permit
No. 40-061-113630-1 (the "Permit") issued by the St. Johns River Water
Management District; and
WHEREAS, the SCHOOL BOARD agrees to grant to the COUNTY certain
easements, rights and privileges, including an easement over and across a
certain portion of the School Property for the purposes of dedicating said certain portion
of the School Property to a drainage/retention system; and
WHEREAS, the COUNTY agrees to grant to the SCHOOL BOARD certain
easements, rights and privileges, including an easement over and across a
certain portion of the 57`h Street Right -of -Way for the purpose of dedicating said portions
of the 57`h Street Right -of -Way to a drainage/retention system.
NOW, THEREFORE, for and in consideration of the sum of Ten and no/100
($10.00) Dollars and of the mutual covenants herein contained, and for other valuable
and good consideration, the receipt and sufficiency of which are acknowledged, the
SCHOOL BOARD and COUNTY hereby agree as follows:
1. The SCHOOL BOARD hereby bargains, sells, grants and conveys
to the COUNTY, and its successors and assigns, for the benefit of and as an
appurtenance to the 57`h Street Right -of -Way a perpetual, non-exclusive right, privilege
and easement upon, over, in, and across that certain portion of the School Property as
depicted on the approved plans for the Permit for the purposes of accumulation, drainage,
discharge, flowage and passage of water and stormwater as is or may from time to time
occur or be generated from the 57`h Street Right -of -Way, and for the purposes of
constructing, installing, servicing, operating, maintaining, inspecting, repairing,
replacing, connecting or renewing the drainage/retention system.
2. The COUNTY hereby bargains, sells, grants and conveys to the SCHOOL
BOARD, and its successors and assigns, for the benefit of and as an
appurtenance to the School Property a perpetual, non-exclusive right, privilege
and easement upon, over, in, and across that certain portion of the 57,' Street Right -of -
Way as depicted on the approved plans for the Permit for the purposes of accumulation,
drainage, discharge, flowage and passage of water and stormwater as is or may from time
to time occur or be generated from the 57`s Street Right -of -Way, and for the purposes of
constructing, installing, servicing, operating, maintaining, inspecting, repairing,
replacing, connecting or renewing the drainage/retention system.
3. The SCHOOL BOARD and COUNTY shall be jointly
and severally liable for the maintenance, repair and replacement of the entire stormwater
management easement area and all stormwater management facilities designed and
operated under this permit.
4. "Drainage/Retention System" shall be defined as a system which is designed and
constructed or implemented to control discharges which are necessitated by rainfall
events, incorporating methods to collect, convey, store, absorb, inhibit, treat, use or reuse
water to prevent or reduce flooding, over drainage, environmental degradation and water
pollution or otherwise or affect the quantity and quality of discharges.
5. The Reciprocal Easement Agreement and the easements, restrictions, rights,
obligations and liabilities created hereby, shall be perpetual, shall be appurtenant to and
run with title to the land affected hereby, and shall be binding upon and inure to the
benefit of the parties hereto and the respective heirs, successors and assigns, including,
but without limitation, all subsequent owners of any portions of the property described
herein and all persons claiming under them.
6. No modification or alteration shall be made to the stormwater management
easement area or the stormwater management facilities without prior approval of the St.
Johns River Water Management District.
IN WITNESS WHEREOF, the SCHOOL BOARD and the COUNTY have
caused these presents to be executed in their names, the day and year first above written.
SCHOOL BOARD OF INDIAN RIVER COUNTY
INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS
By:
Karen Disney-Brombac , Chairman
Attest:
Harry J. La Cava, d. D., Superintendent
Witness
Sandra L. Bowden, Chairman
By. 't
+
Jose A. Baird, Count y Adinistrator
By: l ick
William G. Collins, II, County Attorney
(approved as to form and legal sufficiency)
Approved by BCC: 3 /4/02
Attest: Jeffrey K. Barton, Clerk of Circuit Court
By:
EXHIBIT A
LEGAL DESCRIPTION:
"TRACTS 3, 4, 5 AND 6, IN SECTION 17, TOWNSHIP 32 SOUTH, RANGE 39 EAST,
ACCORDING TO THE LAST GENERAL PLAT OF LANDS OF THE INDIAN RIVER
FARMS COMPANY, AS RECORDED IN THE OFFICE OF THE CLERK OF THE
CIRCUIT COURT IN PLAT BOOK 2, PAGE(S) 25, OF THE PUBLIC RECORDS OF ST.
LUCIE COUNTY, FLORIDA, NOW LYING AND BEING IN INDIAN RIVER COUNTY,
FLORIDA. LESS AND EXCEPT THAT PORTION AS CONVEYED TO THE STATE OF
FLORIDA, FOR HIGHWAY RIGHT-OF-WAY, BY INSTRUMENT RECORDED IN
OFFICIAL RECORD BOOK 571, PAGE 604."
SUBJECT TO ALL RESTRICTIONS, RESERVATIONS, ABANDONMENT'S,
EASEMENTS AND RIGHTS-OF-WAY OF RECORD.
*SAID PARCEL CONTAINING 153.82 ACRES, MORE OR LESS.
EXHIBIT "B"
JANUARY 30, 2008
DESCRIPTION OF 57'" STREET (STORM GROVE ROAD) RIGHT-OF-WAY LYING
BETWEEN 58TH AVENUE (KINGS HIGHWAY) AND 66"" AVENUE (LATERAL "A"):
PARCELS OF LAND LYING AND BEING IN A PORTION OF TRACTS 5, 617 AND 8 OF
_ SECTION 17, TOWNSHIP 32 SOUTH, RANGE 39 EAST, ACCORDING TO THE LAST
GENERAL PLAT OF LANDS OF THE INDIAN RIVER FARMS COMPANY
SUBDIVISION, AS RECORDED IN PLAT BOOK 2, PAGE 25 OF THE PUBLIC RECORDS
OF SAINT LUCIE COUNTY, FLORIDA, NOW LYING AND BEING IN INDIAN RIVER
COUNTY, FLORIDA, AND A PORTION OF KING'S MUSIC LANDS SUBDIVISION AS
RECORDED IN PLAT BOOK 6, PAGE 17, PUBLIC RECORDS OF INDIAN RIVER
COUNTY, FLORIDA.
SAID PARCELS BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
THE
SOUTH
86.00
FEET
OF
TIIE WEST 740.00 FEET OF SAID TRACT 5,
AND
THE
SOUTH
81.00
FEET
OF
SAID
TRACT
5, LESS AND EXCEPT THE WEST 740.00
FEET THEREOF;
THE
SOUTH
81.00
FEET
OF
SAID
TRACT
6;
THE
SOUTH
81.00
FEET
OF
SAID
TRACT
7;
THE
SOUTH
75.00
FEET
OF
SAID
TRACT
8;
AND
THE
SOUTH
10.00
FEET
OF
LOTS
16 AND
17, BLOCK 5,
THE
SOUTH
10.00
FEET
OF
LOTS
16 AND
17, BLOCK 4,
THE
SOUTH
10.00
FEET
OF
LOTS
16 AND
17, BLOCK 31
THE
SOUTH
10.00
FEET
OF
LOTS
16 AND
17, BLOCK.",
THE
SOUTH
10.00
FEET
OF
LOTS
16 AND
17, BLOCK 1,
ALL
LYING
WITHIN
SAID KINGS
MUSIC
LANDS SUBDIVISION.