HomeMy WebLinkAbout2009-221 v �
PROS1
BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT Py
TRUST FUND OF THE STATE OF FLORIDA
PARTIAL RELEASE OF SUBLEASE
STATE OF FLORIDA
COUNTY OF INDIAN RIVER
SUBLEASE NUMBER 4118 - 01
The undersigned on the 8th day of September 2009 does
hereby quitclaim , partial release , and surrender all right , title , and
interest in and to the lands described in attached Exhibit "A" which are
subleased under Sublease Agreement Number 4118 - 01 dated April 10 , 2000 ,
between the STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION , DIVISION
OF RECREATION AND PARKS , as SUBLESSOR , and INDIAN RIVER COUNTY , FLORIDA , as
SUBLESSEE , effective the 8th day of September 2009 .
INDIAN RIVER COUNTY , FLORIDA
By its Board of County Commissioners
�4,lilt/LL 20 all Y ( SEAL )
Witness
Tor, --i - rolling - Lister Wesley S . Davis
Print / Type Witness N�ame(� Print / Type Name
Title : Chairman
Witness
Attest :
Darcy R . Vasilas
Print / Type Witness Name Maureen Gelfo
APPROVEL) AS TO FORM Print / Type Name
0 1 Title : Deputy Clerk
1
YVII_d..iAN IC . IJIM:".E
@ �a1ir° t.) T Y �i: V�at77�1 i YATi {7 +a`dl� l` " SUBLESSEE "
STATE OF FLORIDA
COUNTY OF INDIAN RIVER
The foregoing instrument was acknowledged before me this 8th day of
September. 2009 , by Wesley S . Davis as Chairman on behalf
of the Board of County Commissioners of Indian River County , Florida . He / she
is personally known to me or produced as
identification . _
V
Notary Pub , State of Florida
Misty L . Horton
Print / Type Notary Name
Commission Number : DD827100
Commission Expires : December 29 , 2009
x4r,114%,
MISTY L. HORTON
. Notary Public - State of Florida
'suaMy Comm. Expires Dec 29, 2009
�'� r- Commission N DD 827100
v �
PROS1
BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT Py
TRUST FUND OF THE STATE OF FLORIDA
PARTIAL RELEASE OF SUBLEASE
STATE OF FLORIDA
COUNTY OF INDIAN RIVER
SUBLEASE NUMBER 4118 - 01
The undersigned on the 8th day of September 2009 does
hereby quitclaim , partial release , and surrender all right , title , and
interest in and to the lands described in attached Exhibit "A" which are
subleased under Sublease Agreement Number 4118 - 01 dated April 10 , 2000 ,
between the STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION , DIVISION
OF RECREATION AND PARKS , as SUBLESSOR , and INDIAN RIVER COUNTY , FLORIDA , as
SUBLESSEE , effective the 8th day of September 2009 .
INDIAN RIVER COUNTY , FLORIDA
By its Board of County Commissioners
�4,lilt/LL 20 all Y ( SEAL )
Witness
Tor, --i - rolling - Lister Wesley S . Davis
Print / Type Witness N�ame(� Print / Type Name
Title : Chairman
Witness
Attest :
Darcy R . Vasilas
Print / Type Witness Name Maureen Gelfo
APPROVEL) AS TO FORM Print / Type Name
0 1 Title : Deputy Clerk
1
YVII_d..iAN IC . IJIM:".E
@ �a1ir° t.) T Y �i: V�at77�1 i YATi {7 +a`dl� l` " SUBLESSEE "
STATE OF FLORIDA
COUNTY OF INDIAN RIVER
The foregoing instrument was acknowledged before me this 8th day of
September. 2009 , by Wesley S . Davis as Chairman on behalf
of the Board of County Commissioners of Indian River County , Florida . He / she
is personally known to me or produced as
identification . _
V
Notary Pub , State of Florida
Misty L . Horton
Print / Type Notary Name
Commission Number : DD827100
Commission Expires : December 29 , 2009
x4r,114%,
MISTY L. HORTON
. Notary Public - State of Florida
'suaMy Comm. Expires Dec 29, 2009
�'� r- Commission N DD 827100
STATE OF FLORIDA
DEPARTMENT OF ENVIRONMENTAL PROTECTION
DIVISION OF RECREATION AND PARKS
By : ( SEAL )
Witness
Albert G . Gregory
Print / Type Witness Name Print / Type Name
Title : Chief , Office of Park Planning
Witness
Print / Type Witness Name " SUBLESSOR "
STATE OF FLORIDA
COUNTY OF LEON
The foregoing instrument was acknowledged before me this day of
2009 , by Albert G . Gregory , as Chief , of Office of Park Planning ,
on behalf of the Division of Recreation and Parks , Department of
Environmental Protection . He is personally known to me or produced
as identification .
Notary Public , State of Florida
Print / Type Notary Name
Commission Number :
Commission Expires :
Page 2 of 4 Pages
Partial Release of Sublease No . 4118 - 01
Revised 05 / 09
STATE OF FLORIDA
DEPARTMENT OF ENVIRONMENTAL PROTECTION
DIVISION OF RECREATION AND PARKS
By : ( SEAL )
Witness
Albert G . Gregory
Print / Type Witness Name Print / Type Name
Title : Chief , Office of Park Planning
Witness
Print / Type Witness Name " SUBLESSOR "
STATE OF FLORIDA
COUNTY OF LEON
The foregoing instrument was acknowledged before me this day of
2009 , by Albert G . Gregory , as Chief , of Office of Park Planning ,
on behalf of the Division of Recreation and Parks , Department of
Environmental Protection . He is personally known to me or produced
as identification .
Notary Public , State of Florida
Print / Type Notary Name
Commission Number :
Commission Expires :
Page 2 of 4 Pages
Partial Release of Sublease No . 4118 - 01
Revised 05 / 09
EXHIBIT " A "
LEGAL DESCRIPTION OF RELEASED PREMISES
Parcel 4
Legal Description — Proposed Retention Area/Pond
Being a part of Section 21 , Township 31 South, Range 38 East, Indian River County, Florida, being
more fully described as follows :
Beginning at the intersection of the north maintenance right-of--way line of County Road 512 as
shown on Plat Book 10 Page 37 , Public Records of Indian River County, Florida and the west line
of the east half of the southwest quarter of said Section 21 ; thence NO0°25 ' 44"E along said west line
of the east half of the southwest quarter of said Section 21 , a distance of 499 .36 feet ; thence
S89°42 '34"E, a distance of 279 .46 feet ; thence S44139 ' 48"E, a distance of 361 . 44 feet; thence
SO0122 ' 58"W, a distance of 101 . 53 feet ; thence S80 °32153 : E, a distance of 754. 85 feet to the
intersection with the west right-of way line line of 102"d Terrace according to the plat thereof as
recorded in Plat Book 12 Page 59 , Public Records of Indian River County, Florida and the point of
curve of a non tangent curve to the right, of which the radius point lies N89 °47 ' 16" W, a radial
distance of 25 .00 feet; thence southwesterly along the are of said curve and said west right-of=way
line, through a central angle of 90110139", a distance of 39. 35 feet to said north maintenance right-
of-way line of County Road 512 ; thence N89°36 ' 37" W along said north maintenance right-of--way
line of County Road 512 , a distance of 706 . 86 feet , thence N89° 19 ' 26"W said north maintenance
right-of--way line of County Road 512 , a distance of 200 . 06 feet , thence continuing along said north
maintenance right-of-way line of County Road 512 N89 °36 ' 37 "W, a distance of 349 . 14 feet to the
point of beginning. BIS 14 WHIDWED
I'llY a oate 5lim> 1 ,? 7
Page 4 of 4 Pages
Partial Release of Sublease No . 4118 - 01
Revised 05 / 09
STATE OF FLORIDA
DEPARTMENT OF ENVIRONMENTAL PROTECTION
DIVISION OF RECREATION AND PARKS
BYo ( SEAL )
Witness
Albert G . Gregory
Print / Type Witness Name Print / Type Name
Title : Chief , Office of Park Planning
Witness
Print / Type Witness Name " SUBLESSOR "
STATE OF FLORIDA
COUNTY OF LEON
The foregoing instrument was acknowledged before me this day of
2009 , by Albert G . Gregory , as Chief , of Office of Park Planning ,
on behalf of the Division of Recreation and Parks , Department of
Environmental Protection . He is personally known to me or produced
as identification .
Notary Public , State of Florida
Print / Type Notary Name
Commission Number :
Commission Expires :
Page 2 of 4 Pages
Partial Release of Sublease No . 4118 - 01
Revised 05 / 09
EXHIBIT " A "
LEGAL DESCRIPTION OF RELEASED PREMISES
Parcel 4
Legal Description — Proposed Retention Area/Pond
Being a part of Section 21 , Township 31 South, Range 38 East, Indian River County, Florida, being
more fully described as follows :
Beginning at the intersection of the north maintenance right-of--way line of County Road 512 as
shown on Plat Book 10 Page 37 , Public Records of Indian River County, Florida and the west line
of the east half of the southwest quarter of said Section 21 ; thence NO0°25 ' 44"E along said west line
of the east half of the southwest quarter of said Section 21 , a distance of 499 .36 feet ; thence
S89°42 '34"E, a distance of 279 .46 feet ; thence S44139 ' 48"E, a distance of 361 . 44 feet; thence
SO0122 ' 58"W, a distance of 101 . 53 feet ; thence S80 °32153 : E, a distance of 754. 85 feet to the
intersection with the west right-of way line line of 102"d Terrace according to the plat thereof as
recorded in Plat Book 12 Page 59 , Public Records of Indian River County, Florida and the point of
curve of a non tangent curve to the right, of which the radius point lies N89 °47 ' 16" W, a radial
distance of 25 .00 feet; thence southwesterly along the are of said curve and said west right-of=way
line, through a central angle of 90110139", a distance of 39. 35 feet to said north maintenance right-
of-way line of County Road 512 ; thence N89°36 ' 37" W along said north maintenance right-of--way
line of County Road 512 , a distance of 706 . 86 feet , thence N89° 19 ' 26"W said north maintenance
right-of--way line of County Road 512 , a distance of 200 . 06 feet , thence continuing along said north
maintenance right-of-way line of County Road 512 N89 °36 ' 37 "W, a distance of 349 . 14 feet to the
point of beginning. BIS 14 WHIDWED
I'llY a oate 5lim> 1 ,? 7
Page 4 of 4 Pages
Partial Release of Sublease No . 4118 - 01
Revised 05 / 09
Florida Department of `}hG`overnor
Environmental Protection Jeff Kottkamp
Lt. Governor
Marjory Stoneman Douglas Building
3900 Commonwealth Boulevard
Tallahassee, Florida 32399-3000 Michael W . Sole
Secretary
March 16, 2010
sift KCEI ED
Sandy Wright COUNTY ATTORNEY ' S
Office of the County Attorney OFFICE
180127f Street
Vero Beach, FL 32960
Re : Certified Copy of Partial Release of Lease No . 4118, dated 4th day of December, 2009
Dear Sandy,
Per you request, please find enclosed, a certified copy of the above mentioned Partial
Release of Lease . Please contact me if you need any further information.
Sincerely,
arks
Land Acquisition Agent
Asset Management
Bureau of Public Land Administration
3800 Commonwealth Blvd .
Tallahassee, FL 32399-3000
Cynthia . parks@dep . state A us
/ cjp
Enclosure
"More Protection , Less Process "
www. dep. s tate. f 1. us
C E R T I F I C A T E
The undersigned hereby certifies that she is a legal
custodian of the records , surveys , plats , maps , field notes ,
patents and all other evidence touching the title and description
of the public domain formerly filed in the Office of the United
States Surveyor General , the United States Land Office at
Gainesville , the State Land Office and the Office of the State of
Florida Board of Trustees of the Internal Improvement Trust Fund ,
and acting pursuant to the authority vested in her hereby
certifies that the following attached documents are true and
correct copies of the records on file in the office of the Board
of Trustees of the Internal Improvement Trust Fund of the State of
Florida : being Board of Trustees of the Internal Improvement Trust
Fund of the State of Florida Partial Release of Lease No . 4118
dated 4t' day of December 2009 ;
IN WITNESS WHEREOF , I have hereunto set my hand , and
have caused to be affixed hereto the Official Seal of the Board
of Trustees of the Internal Improvement Trust Fund of the State of
Florida at its office in the City of Tallahassee on this the
Lam— day of / giAr A . D . , 2010 .
( SEAL )
State of Florida Kathy H . Miklus
Board of Trustees Planning Manager
of the Internal State of Florida
Improvement Trust Department of Environmental Protection
Fund
Florida Department of `}hG`overnor
Environmental Protection Jeff Kottkamp
Lt. Governor
Marjory Stoneman Douglas Building
3900 Commonwealth Boulevard
Tallahassee, Florida 32399-3000 Michael W . Sole
Secretary
March 16, 2010
sift KCEI ED
Sandy Wright COUNTY ATTORNEY ' S
Office of the County Attorney OFFICE
180127f Street
Vero Beach, FL 32960
Re : Certified Copy of Partial Release of Lease No . 4118, dated 4th day of December, 2009
Dear Sandy,
Per you request, please find enclosed, a certified copy of the above mentioned Partial
Release of Lease . Please contact me if you need any further information.
Sincerely,
arks
Land Acquisition Agent
Asset Management
Bureau of Public Land Administration
3800 Commonwealth Blvd .
Tallahassee, FL 32399-3000
Cynthia . parks@dep . state A us
/ cjp
Enclosure
"More Protection , Less Process "
www. dep. s tate. f 1. us
C E R T I F I C A T E
The undersigned hereby certifies that she is a legal
custodian of the records , surveys , plats , maps , field notes ,
patents and all other evidence touching the title and description
of the public domain formerly filed in the Office of the United
States Surveyor General , the United States Land Office at
Gainesville , the State Land Office and the Office of the State of
Florida Board of Trustees of the Internal Improvement Trust Fund ,
and acting pursuant to the authority vested in her hereby
certifies that the following attached documents are true and
correct copies of the records on file in the office of the Board
of Trustees of the Internal Improvement Trust Fund of the State of
Florida : being Board of Trustees of the Internal Improvement Trust
Fund of the State of Florida Partial Release of Lease No . 4118
dated 4t' day of December 2009 ;
IN WITNESS WHEREOF , I have hereunto set my hand , and
have caused to be affixed hereto the Official Seal of the Board
of Trustees of the Internal Improvement Trust Fund of the State of
Florida at its office in the City of Tallahassee on this the
Lam— day of / giAr A . D . , 2010 .
( SEAL )
State of Florida Kathy H . Miklus
Board of Trustees Planning Manager
of the Internal State of Florida
Improvement Trust Department of Environmental Protection
Fund
PROL1
BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT
TRUST FUND OF THE STATE OF FLORIDA
PARTIAL RELEASE OF LEASE NO . 4118
SAINT SEBASTIAN RIVER PRESERVE STATE PARK
STATE OF FLORIDA
COUNTY OF BREVARD
LEASE NUMBER 4118
The undersigned on the day of � EGErn � C ,2- 2009 does
hereby quitclaim , partial release , and surrender all right , title , and
interest in and to the lands described in attached Exhibit "A" which are
leased under Lease Agreement Number 4118 dated March 291 1996 , between the
BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND OF THE STATE OF
FLORIDA as lessor , and STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL t
PROTECTION , DIVISION OF MARINE RESOURCES , as lessee , effective the _Y day
of ) EEC- E- rmi3 E,2. 2009 .
STATE OF FLORIDA
DEPARTMENT OF ENVIRONMENTAL PROTECTION
DIVISION OF RECREATION AND PARKS
By : L )
i nese nn
cycc5 > Albert G . Gregory
Print / a Witness Name Print / Type Name
< J lh i(Oe� Title : Chief , Office of Park Planning
Witness``
Print / Type Witness Name " LESSEE "
STATE OF FLORIDA
COUNTY OF LEON
T e foregoing instrument was acknowledged before me this c day of
o� f2009 , by Albert G . Gregory , as Chief , of Office of Park Planning ,
l
of the Division of Recreation and Parks , Department of
Environmental Protection . He is personally known to me or produced
as identification . �n
Notary Public , State of Florida
ds
. • " osslO,y * 00
% Print Type Notary Name
�qz� Go nary 1l �o�s oe
Jw u' S Z
Commission Number :
p',• NDD 852495 4Q`
>. �,"•, r00nded04 • pQ� Commission Expires :
�� �h111911111\!!°
The BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND OF THE
STATE OF FLORIDA hereby consents to the foregoing Partial Release of Lease
this day of .c"CVl, 2009
—Z,', C ?",, BY o SEAL
. a�
Witness GLORIA C • BARBER , OPERATIONS
AND MANAGEMENT CONSULTANT
MANAGER , BUREAU OF PUBLIC LAND
Print / T a Witnes N ADMINISTRATION , DIVISION OF
J � STATE LANDS , STATE OF FLORIDA
DEPARTMENT OF ENVIRONMENTAL
W ess PROTECTION
Print / Type Witness Name " LESSOR "
STATE OF FLORIDA
COUNTY OF LEON
The foregoing instrument was acknowledged before me this y4j� day of
DEmi3 2009 , by Gloria C . Barber , Operations and Management Consultant
Manager , Bureau of Public Land Administration , Division of State Lands , State
of Florida Department of Environmental Protection , acting as agent for and on
behalf of the Board of Trustees of the Internal Improvement Trust Fund of the
State of Florida . She is personally ka toAe
��`\lNlllfllfi0/�� ref✓ /�— �✓ .e e-z1-L
I; FE�''/iFlorida
Notary Public , State of Flo da
••°GpMF1iISS/py • <<�w
,0vsarY2g e-66a Z_
AMPPrint / Type Notary Name
yt #0p � 2d3
!�. iO h496 tCt Commission Number :
Commiss on Expires .
J<,,,ofPPf Ilai45��4�`��
Approv d a F rm and a ity
By °
D Att rney
Page 2 of 7 Pages
Partial Release of Lease No . 4118
Revised 02 / 07
PROL1
BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT
TRUST FUND OF THE STATE OF FLORIDA
PARTIAL RELEASE OF LEASE NO . 4118
SAINT SEBASTIAN RIVER PRESERVE STATE PARK
STATE OF FLORIDA
COUNTY OF BREVARD
LEASE NUMBER 4118
The undersigned on the day of � EGErn � C ,2- 2009 does
hereby quitclaim , partial release , and surrender all right , title , and
interest in and to the lands described in attached Exhibit "A" which are
leased under Lease Agreement Number 4118 dated March 291 1996 , between the
BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND OF THE STATE OF
FLORIDA as lessor , and STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL t
PROTECTION , DIVISION OF MARINE RESOURCES , as lessee , effective the _Y day
of ) EEC- E- rmi3 E,2. 2009 .
STATE OF FLORIDA
DEPARTMENT OF ENVIRONMENTAL PROTECTION
DIVISION OF RECREATION AND PARKS
By : L )
i nese nn
cycc5 > Albert G . Gregory
Print / a Witness Name Print / Type Name
< J lh i(Oe� Title : Chief , Office of Park Planning
Witness``
Print / Type Witness Name " LESSEE "
STATE OF FLORIDA
COUNTY OF LEON
T e foregoing instrument was acknowledged before me this c day of
o� f2009 , by Albert G . Gregory , as Chief , of Office of Park Planning ,
l
of the Division of Recreation and Parks , Department of
Environmental Protection . He is personally known to me or produced
as identification . �n
Notary Public , State of Florida
ds
. • " osslO,y * 00
% Print Type Notary Name
�qz� Go nary 1l �o�s oe
Jw u' S Z
Commission Number :
p',• NDD 852495 4Q`
>. �,"•, r00nded04 • pQ� Commission Expires :
�� �h111911111\!!°
The BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND OF THE
STATE OF FLORIDA hereby consents to the foregoing Partial Release of Lease
this day of .c"CVl, 2009
—Z,', C ?",, BY o SEAL
. a�
Witness GLORIA C • BARBER , OPERATIONS
AND MANAGEMENT CONSULTANT
MANAGER , BUREAU OF PUBLIC LAND
Print / T a Witnes N ADMINISTRATION , DIVISION OF
J � STATE LANDS , STATE OF FLORIDA
DEPARTMENT OF ENVIRONMENTAL
W ess PROTECTION
Print / Type Witness Name " LESSOR "
STATE OF FLORIDA
COUNTY OF LEON
The foregoing instrument was acknowledged before me this y4j� day of
DEmi3 2009 , by Gloria C . Barber , Operations and Management Consultant
Manager , Bureau of Public Land Administration , Division of State Lands , State
of Florida Department of Environmental Protection , acting as agent for and on
behalf of the Board of Trustees of the Internal Improvement Trust Fund of the
State of Florida . She is personally ka toAe
��`\lNlllfllfi0/�� ref✓ /�— �✓ .e e-z1-L
I; FE�''/iFlorida
Notary Public , State of Flo da
••°GpMF1iISS/py • <<�w
,0vsarY2g e-66a Z_
AMPPrint / Type Notary Name
yt #0p � 2d3
!�. iO h496 tCt Commission Number :
Commiss on Expires .
J<,,,ofPPf Ilai45��4�`��
Approv d a F rm and a ity
By °
D Att rney
Page 2 of 7 Pages
Partial Release of Lease No . 4118
Revised 02 / 07
This instrument prepared by :
Cher King , Sr . Acquisitin Review Agent
Department of Environmental Protection
Bureau of Public Land Administration
Division of State Lands
3900 Commonwealth Blvd . MS 130
Tallahassee , Florida 32399 - 3000
BOARD OF TRUSTEES OF' THE INTERNAL IMPROVEMENT
TRUST FUND OF THE STATE OF FLORIDA
QUITCLAIM DEED
Quitclaim Deed Number 31761
KNOW ALL MEN BY ` HESE PRESENTS : That WHEREAS , the BOARD OF
'T' RUST' EES OF THE INTERNAL IMPROVEMENT TRUST FUND OF THE STAI' E OF
FLORIDA is by Section 253 . 03 , Florida Statutes , authorized and
empowered to convey certain lands under the terms and conditions
set forth herein ; and ,
WHEREAS , said BOARD OF TRUSTEES OF'THE INTERNAL IMPROVEMENT
TRUST FUND OF THE STATE OF FLORIDA did approve this transfer on
the 29th day of April , 2008 .
NOW , THEREFORE , the undersigned BOARD OF' TRUS 'T' EES OF THE
INTERNAL IMPROVEMENT TRUST FUND OF I' HE STATE OF FLORIDA , as
" GRANTOR " , under authority of Section 253 . 03 , Florida Statutes ,
for and in consideration of the sum of SIX HUNDRED THIRTY - SIX
THOUSAND FIVE HUNDRED AND NO / 100 DOLLARS ( $ 636 , 500 . 00 ) and other
good and valuable considerations , to it in hand paid by INDIAN
RIVER COUNTY , a political subdivision of the State of Florda ,
whose address is c / o Bill Debraal , Deputy County Attorney , 1801
21 "' Street , Vero Beach , Florida 32960 , as " GRANTEE , " has
remised , released , conveyed and quitclaimed , and by these
presents does remise , release , convey and quitclaim unto GRANTEE ,
its successors and assigns forever , all the right- , title ,
interest , claim and demand which GRANTOR may have in and to the
following described lands in Indian River County , Florida ( the
" Property " ) , to - wit :
SEE " EXi1IBIT A "
Exhibit " A"
Page 3 of 7 Pages
Partial Release of Lease No . 4118
Because the Property was purchased with the proceeds from
the sale of tax exempt revenue bonds issued under the
Preservation 2000 Act ( Section 259 . 101 , Florida Statutes ( 2007 ) )
or the Florida Forever Act ( Section 259 . 105 Florida Statutes
200 '1 ) ) , L h e Property is conveyed subject to the following
restrictive covenant ( " Restrictive Covenant " ) hereby imposed on
the Property by GRANTOR and accepted by GRANTEE , its successors
and assigns , in order to preserve the tax - exempt status of said
bonds :
The use of the Property is restricted to governmental
use by a state or local governmental unit , as defined in
'Treasury Regulation X1. . 103 - 1 ( as amended in 1972 ) or any
instrumentality thereof ( which does riot include the
United States or any agency or instrumentality thereof ) ,
until the Preservation 2000 or Florida Forever Bond
series that financed the purchase of the Property is
redeemed , defeased or otherwise no longer outstanding .
By acceptance of this deed , GRANTEE hereby agrees that the
use of the Property shall be subject to the Restrictive Covenant .
The Restrictive Covenant shall run with the title to the Property
until the Preservation 2000 or Florida Forever Bond series that
financed the purchase of the Property is redeemed , defeased or
otherwise no longer outstanding . The Restrictive Covenant shall
be binding upon GRANTEE and all successive owners ( and all
parties claiming by , through and under the owners ) of the
Property . Until such time as the Restrictive Covenant is released
from the Property , GRANTOR shall be deemed a third party
beneficiary of the Restrictive Covenant in a court of competent
jurisdiction . GRANTOR shall have the authority to enforce the
Restrictive Covenant in any judicial proceeding seeking any
remedy recognizable at law or in equity , including an action or
lawsuit seeking damages , injunction , specific performance , or any
Page 2 of 5
Quitclaim Deed Deed No . 31761
Exhibit "A"
Page 4 of 7 Pages
Partial Release of Lease No . 4118
This instrument prepared by :
Cher King , Sr . Acquisitin Review Agent
Department of Environmental Protection
Bureau of Public Land Administration
Division of State Lands
3900 Commonwealth Blvd . MS 130
Tallahassee , Florida 32399 - 3000
BOARD OF TRUSTEES OF' THE INTERNAL IMPROVEMENT
TRUST FUND OF THE STATE OF FLORIDA
QUITCLAIM DEED
Quitclaim Deed Number 31761
KNOW ALL MEN BY ` HESE PRESENTS : That WHEREAS , the BOARD OF
'T' RUST' EES OF THE INTERNAL IMPROVEMENT TRUST FUND OF THE STAI' E OF
FLORIDA is by Section 253 . 03 , Florida Statutes , authorized and
empowered to convey certain lands under the terms and conditions
set forth herein ; and ,
WHEREAS , said BOARD OF TRUSTEES OF'THE INTERNAL IMPROVEMENT
TRUST FUND OF THE STATE OF FLORIDA did approve this transfer on
the 29th day of April , 2008 .
NOW , THEREFORE , the undersigned BOARD OF' TRUS 'T' EES OF THE
INTERNAL IMPROVEMENT TRUST FUND OF I' HE STATE OF FLORIDA , as
" GRANTOR " , under authority of Section 253 . 03 , Florida Statutes ,
for and in consideration of the sum of SIX HUNDRED THIRTY - SIX
THOUSAND FIVE HUNDRED AND NO / 100 DOLLARS ( $ 636 , 500 . 00 ) and other
good and valuable considerations , to it in hand paid by INDIAN
RIVER COUNTY , a political subdivision of the State of Florda ,
whose address is c / o Bill Debraal , Deputy County Attorney , 1801
21 "' Street , Vero Beach , Florida 32960 , as " GRANTEE , " has
remised , released , conveyed and quitclaimed , and by these
presents does remise , release , convey and quitclaim unto GRANTEE ,
its successors and assigns forever , all the right- , title ,
interest , claim and demand which GRANTOR may have in and to the
following described lands in Indian River County , Florida ( the
" Property " ) , to - wit :
SEE " EXi1IBIT A "
Exhibit " A"
Page 3 of 7 Pages
Partial Release of Lease No . 4118
Because the Property was purchased with the proceeds from
the sale of tax exempt revenue bonds issued under the
Preservation 2000 Act ( Section 259 . 101 , Florida Statutes ( 2007 ) )
or the Florida Forever Act ( Section 259 . 105 Florida Statutes
200 '1 ) ) , L h e Property is conveyed subject to the following
restrictive covenant ( " Restrictive Covenant " ) hereby imposed on
the Property by GRANTOR and accepted by GRANTEE , its successors
and assigns , in order to preserve the tax - exempt status of said
bonds :
The use of the Property is restricted to governmental
use by a state or local governmental unit , as defined in
'Treasury Regulation X1. . 103 - 1 ( as amended in 1972 ) or any
instrumentality thereof ( which does riot include the
United States or any agency or instrumentality thereof ) ,
until the Preservation 2000 or Florida Forever Bond
series that financed the purchase of the Property is
redeemed , defeased or otherwise no longer outstanding .
By acceptance of this deed , GRANTEE hereby agrees that the
use of the Property shall be subject to the Restrictive Covenant .
The Restrictive Covenant shall run with the title to the Property
until the Preservation 2000 or Florida Forever Bond series that
financed the purchase of the Property is redeemed , defeased or
otherwise no longer outstanding . The Restrictive Covenant shall
be binding upon GRANTEE and all successive owners ( and all
parties claiming by , through and under the owners ) of the
Property . Until such time as the Restrictive Covenant is released
from the Property , GRANTOR shall be deemed a third party
beneficiary of the Restrictive Covenant in a court of competent
jurisdiction . GRANTOR shall have the authority to enforce the
Restrictive Covenant in any judicial proceeding seeking any
remedy recognizable at law or in equity , including an action or
lawsuit seeking damages , injunction , specific performance , or any
Page 2 of 5
Quitclaim Deed Deed No . 31761
Exhibit "A"
Page 4 of 7 Pages
Partial Release of Lease No . 4118
other form of relief , against any person , firm or entity
violating or aLLempLing to violate any of the provisions of the
Restrictive Covenant . The failure by GRANTOR to enforce the
Restrictive Covenant shall in no event be deemed a waiver of the
Restrictive Covenant or of the right of GRANTOR to thereafter
enforce the Restrictive Covenant . The invalidation of any one of
the provisions contained herein by a court of competent
jurisdiction shall in no way affect any of the other provisions
contained herein , which shall remain in full force and effect .
Venue for enforcement actions regarding the Restrictive Covenant
shall be in the Circuit Court of Leon County , Florida . GRANTEE
agrees to incorporate the Restrictive Covenant in any subsequent
deed or other written legal instrument by which GRANTEE transfers
or conveys fee simple title or any other lesser estate in the
Property or any part thereof to a third party either verbatim or
by making an express reference to the Restrictive Covenant and
specifically identifying the official records book and page at
which this deed is recorded in the public records of Indian River
County , Florida .
If in the opinion of GRANTOR , GRANTEE violates the
Restrictive Covenant , GRANTOR has a right to reenter and
repossess the Property and terminate GRANTEE ' S estate upon sixty
( 60 ) days written notice from GRANTOR to GRANTEE . Upon GRANTOR ' S
termination of GRANTEE ' S estate in the Property and at the
request of GRANTOR , GRANTEE shall at its sole cost and expense :
clean up and remove all abandoned personal property , garbage ,
junk , rubbish , trash and debris and environmental contamination
from the Property to the satisfaction of GRANTOR , ( i :i ) provide
GRANTOR with an environmental assessment , survey , title work , and
any other documents that may be required by GRANTOR that meet Lhe
standards acrd requirements of GRANTOR , and ( iii ) convey the
Property to GRANTOR by a deed that GRANTOR has preapproved .
Page 3 of 5
Quitclaim Deed No . 31. 761 Exhibit " A"
Page 5 of 7 Pages
Partial Release of Lease No . 4118
TO HAVE AND TO HOLD the above - described lands subject to all
outs Landing easements , reservations and other inLerests .
IN TESTIMONY WHEREOF , the members of the BOARD OF' TRUSTEES
OF THE INTERNAL IMPROVEMENT TRUST FUND OF THE STATE OF FLORIDA
have hereunto subscribed their names and have caused the official
seal of said BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST
FUND OF THE STATE OF FLORIDA to be hereunto affixed in the City
of Tallahassee , Florida , on this L� day of , A . D . 200 .
•
•
( SEAL )
BOARD " OFo :IRUS 'T' EES OF THE CHARLIE CRIST
INTE11IR1JI ; IMPROVEMENT GOVERNOR
`I' Ij[19r6' - • FUA1.(j /F(,,Ql ' THE STATE
. Q, EA ' FLO1IDA
L MCCOLL M
ATTORNEY GENERAL
' -APPR17, 113. ;. AG . TO FORM AND
LEGALI 'T' Y ALEX SINK
CHIEF FINANCIAL OFFICER
Df F1 AtLdrne CHARLES H . BRONSON
COMMISSIONER OF AGRICULTURE
As and Constituting the BOARD
OF TRUSTEES OF THE INTERNAL
IMPROVEMENT TRUST FUND OF THE
STATE OF FLORIDA
Page 4 of 5
QuiLc ]_ aim Deed No . 31761
Exhibit " A"
Page 6 of 7 Pages
Partial Release of Lease No . 4118
other form of relief , against any person , firm or entity
violating or aLLempLing to violate any of the provisions of the
Restrictive Covenant . The failure by GRANTOR to enforce the
Restrictive Covenant shall in no event be deemed a waiver of the
Restrictive Covenant or of the right of GRANTOR to thereafter
enforce the Restrictive Covenant . The invalidation of any one of
the provisions contained herein by a court of competent
jurisdiction shall in no way affect any of the other provisions
contained herein , which shall remain in full force and effect .
Venue for enforcement actions regarding the Restrictive Covenant
shall be in the Circuit Court of Leon County , Florida . GRANTEE
agrees to incorporate the Restrictive Covenant in any subsequent
deed or other written legal instrument by which GRANTEE transfers
or conveys fee simple title or any other lesser estate in the
Property or any part thereof to a third party either verbatim or
by making an express reference to the Restrictive Covenant and
specifically identifying the official records book and page at
which this deed is recorded in the public records of Indian River
County , Florida .
If in the opinion of GRANTOR , GRANTEE violates the
Restrictive Covenant , GRANTOR has a right to reenter and
repossess the Property and terminate GRANTEE ' S estate upon sixty
( 60 ) days written notice from GRANTOR to GRANTEE . Upon GRANTOR ' S
termination of GRANTEE ' S estate in the Property and at the
request of GRANTOR , GRANTEE shall at its sole cost and expense :
clean up and remove all abandoned personal property , garbage ,
junk , rubbish , trash and debris and environmental contamination
from the Property to the satisfaction of GRANTOR , ( i :i ) provide
GRANTOR with an environmental assessment , survey , title work , and
any other documents that may be required by GRANTOR that meet Lhe
standards acrd requirements of GRANTOR , and ( iii ) convey the
Property to GRANTOR by a deed that GRANTOR has preapproved .
Page 3 of 5
Quitclaim Deed No . 31. 761 Exhibit " A"
Page 5 of 7 Pages
Partial Release of Lease No . 4118
TO HAVE AND TO HOLD the above - described lands subject to all
outs Landing easements , reservations and other inLerests .
IN TESTIMONY WHEREOF , the members of the BOARD OF' TRUSTEES
OF THE INTERNAL IMPROVEMENT TRUST FUND OF THE STATE OF FLORIDA
have hereunto subscribed their names and have caused the official
seal of said BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST
FUND OF THE STATE OF FLORIDA to be hereunto affixed in the City
of Tallahassee , Florida , on this L� day of , A . D . 200 .
•
•
( SEAL )
BOARD " OFo :IRUS 'T' EES OF THE CHARLIE CRIST
INTE11IR1JI ; IMPROVEMENT GOVERNOR
`I' Ij[19r6' - • FUA1.(j /F(,,Ql ' THE STATE
. Q, EA ' FLO1IDA
L MCCOLL M
ATTORNEY GENERAL
' -APPR17, 113. ;. AG . TO FORM AND
LEGALI 'T' Y ALEX SINK
CHIEF FINANCIAL OFFICER
Df F1 AtLdrne CHARLES H . BRONSON
COMMISSIONER OF AGRICULTURE
As and Constituting the BOARD
OF TRUSTEES OF THE INTERNAL
IMPROVEMENT TRUST FUND OF THE
STATE OF FLORIDA
Page 4 of 5
QuiLc ]_ aim Deed No . 31761
Exhibit " A"
Page 6 of 7 Pages
Partial Release of Lease No . 4118
" EXHIBIT A"t
Legal Description — Proposed Retention Area/Pond
Being a part of Section 21 , Township 31 South, Range 38 East, Indian River County, Florida , being
more fully described as follows :
Beginning at the intersection of the north maintenance right o [way line of County Road 512 as
shown on Plat Book 10 Page 37, Public Records of Indian River County, Florida and the west line
of the east half of the southwest quarter of said Section 21 ; thence N00°25 ' 44"E along said west line
of the east half of the southwest quarter of said Section 21 , a distance of 499.36 feet ; thence
S89° 42134" E, a distance of 279.46 feet ; thence S44°39 ' 48" E, a distance of 361 .44 feet ; thence
S00°22 ' 58" W, it distance of 101 . 53 feet ; thence S80°3253 : E, a distance of 754.85 feet to the
intersection with the west right-oUway line line of 102"4 Terrace according to the plat thereof as
recorded in Plat Book 12 Page 59, Public Records of Indian River County, Florida and the point of
curve of a non tangent curve to the right, of which the radius point lies N89147116"W, a radial
distance of 25. 00 feet ; thence southwesterly along the are of said curve and said west right of-way
Ibie, through a central angle of 90° 10 '39", a distance of 39.35 feet to said north maintenance right
of-way line of Comity Road 512 ; thence N89°36 '37"W along said nor(h maintenance right oUway
line of County Road 512 , a distance of 706.86 feet; thence N89° 19 '26" W said �north maintenance
rigbt-oUway line of County Road 512, a distance of 200.06 feet ; thence continuing along said north
maintenance right-of-way line of County Road 512 N89°36137" W, a distance of 349. 14 feet to the
point of beginning.
SoMrFMOWD
BY AI DM 0*7
Page 5 of 5
Quitcl- aim Deed No . 31761
Exhibit " A"
Paye 7 of 7 Pages
Partial Release of Lease No . 4118
STATE OF FLORIDA
DEPARTMENT OF ENVIRONMENTAL PROTECTION
DIVISION OF RECREATION AND PARKS
BYo ( SEAL )
Witness
Albert G . Gregory
Print / Type Witness Name Print / Type Name
Title : Chief , Office of Park Planning
Witness
Print / Type Witness Name " SUBLESSOR "
STATE OF FLORIDA
COUNTY OF LEON
The foregoing instrument was acknowledged before me this day of
2009 , by Albert G . Gregory , as Chief , of Office of Park Planning ,
on behalf of the Division of Recreation and Parks , Department of
Environmental Protection . He is personally known to me or produced
as identification .
Notary Public , State of Florida
Print / Type Notary Name
Commission Number :
Commission Expires :
Page 2 of 4 Pages
Partial Release of Sublease No . 4118 - 01
Revised 05 / 09
" EXHIBIT A"t
Legal Description — Proposed Retention Area/Pond
Being a part of Section 21 , Township 31 South, Range 38 East, Indian River County, Florida , being
more fully described as follows :
Beginning at the intersection of the north maintenance right o [way line of County Road 512 as
shown on Plat Book 10 Page 37, Public Records of Indian River County, Florida and the west line
of the east half of the southwest quarter of said Section 21 ; thence N00°25 ' 44"E along said west line
of the east half of the southwest quarter of said Section 21 , a distance of 499.36 feet ; thence
S89° 42134" E, a distance of 279.46 feet ; thence S44°39 ' 48" E, a distance of 361 .44 feet ; thence
S00°22 ' 58" W, it distance of 101 . 53 feet ; thence S80°3253 : E, a distance of 754.85 feet to the
intersection with the west right-oUway line line of 102"4 Terrace according to the plat thereof as
recorded in Plat Book 12 Page 59, Public Records of Indian River County, Florida and the point of
curve of a non tangent curve to the right, of which the radius point lies N89147116"W, a radial
distance of 25. 00 feet ; thence southwesterly along the are of said curve and said west right of-way
Ibie, through a central angle of 90° 10 '39", a distance of 39.35 feet to said north maintenance right
of-way line of Comity Road 512 ; thence N89°36 '37"W along said nor(h maintenance right oUway
line of County Road 512 , a distance of 706.86 feet; thence N89° 19 '26" W said �north maintenance
rigbt-oUway line of County Road 512, a distance of 200.06 feet ; thence continuing along said north
maintenance right-of-way line of County Road 512 N89°36137" W, a distance of 349. 14 feet to the
point of beginning.
SoMrFMOWD
BY AI DM 0*7
Page 5 of 5
Quitcl- aim Deed No . 31761
Exhibit " A"
Paye 7 of 7 Pages
Partial Release of Lease No . 4118