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Home My WebLink About2006-428 �IC2 or? ` „ ,4a° , Governor Florida Department of Charlie erns �� Environmental Protection Jeff Kottkarw ; Lt. Governor FLOR A Marjory Stoneman Douglas Building 3900 Commonwealth Boulevard Michael W. Sole Tallahassee, Florida 32399-3000 Secretary-Designee January 23 , 2007 Mrs. Janet Dunlap Capital Projects Engineer — — Indian River County 1840 25`h Street Vero Beach, Florida 32960 RE : Easement Number 31606 Sebastian Inlet State Park Dear Mrs. Dunlap : Enclosed is a fully executed original of Easement number 31606 for your records. If you have any questions, please contact me at (850) 245 -2720 extension 4752 or by emailing me at david.fewell@dep .state.fl.us. Sincerely, p David Fewell Land Acquisition Agent Bureau of Public Land Administration Division of State Lands dlf/ Enclosures (Instrument) # 14296 "More Protection, Less Process ” www. dep.state.fl. us OAE1 BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND OF THE STATE OF FLORIDA TEMPORARY CONSTRUCTION EASEMENT FOR SEBASTIAN INLET STATE PARR Easement Number 31606 THIS TEMPORARY CONSTRUCTION EASEMENT , made and entered into this day of J g^e4t4Ay 2007 , between the BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND OF THE STATE OF FLORIDA , acting pursuant to its authority set forth in Section 253 . 03 , Florida Statutes , hereinafter referred to as " GRANTOR " , and INDIAN RIVER COUNTY , a political subdivision of the State of Florida , hereinafter referred to as " GRANTER " . WHEREAS , GRANTOR is the owner of the hereinafter described real property known as Sebastian Inlet State Park , which is managed by the State of Florida Department of Environmental Protection , Division of Recreation and Parks , under Lease Number 2457 attached hereto as Exhibit "A" ; and WHEREAS , GRANTEE desires a temporary construction easement upon certain portions of Sebastian Inlet State Park , hereinafter referred to as the "Park Area" , attached hereto as Exhibit "B" and by reference made a part hereof ; and WHEREAS , the managing agency has agreed to the proposed use of this land under this temporary construction easement . NOW THEREFORE , GRANTOR , for and in consideration of mutual covenants and agreements hereinafter contained , has granted a non - exclusive temporary construction easement unto GRANTEE over and across the Park Area subject to the following terms and conditions : 1 . DELEGATIONS OF AUTHORITY ; GRANTOR ' S responsibilities and obligations herein shall be exercised by the Division of State Lands , Department of Environmental Protection . 2 . TERM : The term of this easement shall be for a period one ( 1 ) year commencing on January 1 , 2007 and ending on December 31 , 2007 , with automatic six -month extension if the activity authorized under this temporary construction easement is not completed by December 31 , 2007 , unless sooner terminated pursuant to the provisions of this temporary construction easement . 3 . USE OF PROPERTY AND UNDUE WASTE : This temporary construction easement shall be limited to allowing the GRANTEE to locate , construct , install , operate , inspect , alter , improve , maintain , repair , move , and rebuild sidewalks , driveways , swales , or back of sidewalk connections to natural ground . This temporary construction easement shall be non - exclusive . GRANTOR , retains the right to engage in any activities on , over , across or below the easement area which do not unreasonably interfere with GRANTEE ' S temporary construction easement and which do not disturb the improvements made by GRANTEE to sidewalks , driveways , swales , or back of sidewalk tie - ins to natural ground . 4 . TERMINATION : This temporary construction easement is subject to an automatic termination and reversion to GRANTOR when , in the opinion of GRANTOR , this easement is not used for the purposes outlined herein or the activity of the GRANTEE is inconsistent with the terms and conditions of Lease No . 2457 . Upon termination or expiration of this temporary construction easement , the GRANTEE shall , within a reasonable time and at its sole cost and expense , remove all equipment , accessories , and materials owned by GRANTEE from the Park Area and restore the Park Area as nearly as practicable to the condition prior to the granting of this temporary easement . 5 . ASSIGNMENT : This temporary construction easement shall not be assigned in whole or in part without the prior written consent of GRANTOR . Any assignment made either in whole or in part without the prior written approval of GRANTOR shall be void and without legal effect . 6 . RIGHT OF INSPECTION : GRANTOR or its duly authorised agents , representatives or employees shall have the right at any and all times to inspect this temporary construction easement and the works of GRANTEE in any matter pertaining to the easement . 7 . LIABILITY : Each party is responsible for all personal injury and property damage attributable to the negligent acts or omissions of that party and the officers , employees and agents thereof . Nothing herein shall be construed as an indemnity or a waiver of sovereign immunity enjoyed by any party hereto , as provided in Section 768 . 28 , Florida Statutes , as amended from time to time , or any other law providing limitations on claims . 8 . COMPLIANCE WITH LAWS : GRANTEE agrees that this temporary construction easement is contingent upon and subject to GRANTEE obtaining all applicable permits and complying with all applicable Page 2 of 20 Temporary Construction Easement No . 31606 permits , regulations , ordinances , rules , and laws of the State of Florida or the United States or of any political subdivision or agency of either . 9 PARTIAL INVALIDITY : If any term , covenant , condition or provision of this temporary construction easement shall be ruled by a court of competent jurisdiction to be invalid , void , or unenforceable , the remainder shall remain in full force and effect and shall in no way be affected , impaired or invalidated . 10 . ENTIRE UNDERSTANDING : This temporary construction easement sets forth the entire understanding between the parties and shall only be amended with the prior written approval of the parties . 11 . NOTICE : All notices given under this temporary construction easement shall be in writing and shall be served by certified mail including , but not limited to , notice of any violation served pursuant to Section 253 . 04 , Florida Statutes , to the last address of the party to whom notice is to be given , as designated by such party in writing . GRANTOR and GRANTEE , hereby designate their addresses as follows : GRANTEE : Indian River County 1840 25 "' Street Vero Beach , FL 32960 Attention : Mrs . Janet Dunlap Capital Projects Engineer GRANTOR : State of Florida Department of Environmental Protection Division of State Lands Bureau of Public Land Administration 3800 Commonwealth Boulevard Tallahassee , Florida 32399 - 3000 Mail Station 130 Page 3 of 20 Temporary Construction Easement No . 31606 IN WITNESS WHEREOF , the parties have caused this easement to be executed the day and year first above written . BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND OF THE STATE OF FLORID[Ann f� ,,, By : /�'J�/L, it l ' O ( SEAL ) Witness GLORIA C . BARBER , OPERATIONS AND MANAGEMENT CONSIILTANT Print /Type Witness Name MANAGER , BUREAU OF PUBLIC LAND ADMINISTRATION , DIVISION OF I STATE LANDS , STATE OF FLORIDA Witness ` DEPARTMENT OF ENVIRONMENTAL PROTECTION �I Ohbl os Print /Type Witness Name "GRANTOR" STATE OF FLORIDA COUNTY OF LEON The foregoing instrument was acknowledged before me this day of 2007 , 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 an agent and on behalf of the Board of Trustees of the Internal Improvement Trust Fund of the State of Florida . She is personally known to me . tNotary Public , tate o Florida EU.� F3 � �4DY Print/ Type Notary Name NOTARY PUBLIC STATE OF FLORIDA Commission Numbe Michelle Brady � Commissfon # DD507113 Commission Expir EXpire& JAN . 16, 2010 Bonded 'rI" AUandc Bonding Co. , Inc Approve as to Form a d Legility By : 4 . DEP Attorney Page 4 of 20 Temporary Construction Easement No . 31606 INDIAN RIVER COUNTY , FLORIDA , By its Board of County Commissioners By : _ �, • • �: . Witness GARY C . HE$T,` R', CHAIR ie , eAli hict ,' SF ! i^ nBOARD COUgT�r COMMISPIONB#iS Print /Type ame e-, l Witness 11 rrl CC i (1C � LI `str Y ( Offi � � al "° 4 * ) Print /Type Name - STATE OF FLORIDA COUNTY OF INDIAN RIVER The foregoing instrument was acknowledged before me this day of of L-Zy, , 2006 , by Gary C . Wheeler , Chair , acting on behalf of the Board of County Commissioners of Indian River County , Florida . He is personally known to mem. / 7 Notary Pub c , State of Florida Kimbery E. Mossurty ki N3 Cec' r 1v E. 1&- Issuna 9'•.� MYCOMMISSION # UD216503 EXPIRES Print / TNotary Name jury 15, 2007 �Y�•; bONDEYTn,U IFU) FAIN WMANCE,, INC. Commission Number : Commission Expires : APPROVED AS TO FORM AND LEC�A SUFFICIE� BY ILLW BRAAL ASSISTANT COUNTY ATTORNEY Page 5 of 20 Temporary Construction Easement No . 31606 LCA; F AORF.EIAM' No . 2457 Sebastian Inlet Management Pro ;} ec: t No . 30 Manafi ----'— WHEREAS , the State of Florida Board of Trustees of the Internal Improvement Trust Fund by virtue of Section 253 , 033 Florida Statutes , as amended by Chapter 67 - 269 and as further amended by Chapter 67 - 2236 , both acts of 1967 , Laws of Florida , holds title to certain lands and property for the use and benefit of the State of Florida ; and WHEREASthe State of Florida Department of Natural , 17 , 19 70 Resources by formal action on February to enter into � l authorized and requested the said Trustees agreement with the State of Florida Department of Natural benefit Resources , for the use and t of the Division of y � to permit certain uses of and Recreation and Par-. .. , activities an the lands and properties hereinafter described for the purpose of preserving , developing , operating , and aid lands and property for outdoor recreational , maintaining s Park , conservation and related purposes . 130W , TtIEREFORE , this agreement made be�weenhe t STATE OF FLORIDA BOARD OF TRUSTEES OF THE 11� TERNAL IMPROVE- A1vT TRUST FUND , as LESSOR , and the STATE OF FLORIDA DEPART, OF NATLt-2AL RESOURCES for the use and benefit of the Division of Recreation and Parks , as LESSEE . W I T N E S SETT. : The parties hereto , for and in consideration of the mutual covenants and agreements hereinafter contained , do hereby covenant a-rid agree as follows : 1 The lessor does hereby lease to the said lessee parcels of lands , situate in the following described Indian R! ver Florida , viz : and Brevard county , ( See Exhibit A - Attached ) EXHIBIT 16V p ;liilip S . Bennett Page6of20 This instrwnent prepare "' by . Temporary Construction Easement No.31606 Attorney at lawF 11 iot B 16g . Tallahassee , Florida 32309 TO HAVE AND TO HOLD the above described land for a period of ninety- nine ( 99 ) years from the date hereof , for the purpose of preserving , developing , improving , operating , maintaining and otherwise managing said lands for public outdoor recreational , park , conservation and related purposes . 2 . The lessee shall have the right to enter upon said land for all purposes necessary to the full enjoyment by said lessee of the rights herein conveyed to it . 3 , The lessee shall through its agents and employees cooperate to prevent the unauthorized use of said land or any use thereof not in conformity with this lease . 4 . This agreement is for the specific purpose of public outdoor recreational , park , conservation and related purposes , and the lessee shall have the right to enter into further agreements or to sublease all or any part of the within land so long as the agreement and / or sublease shall effectively carry out and further the general purposes ' herein described after written notice by the lessor . 5 . The lessor or its duly authorized agent shall have the right at any time to inspect the said land and the works and operations thereon of the lessee in any matter pertaining to this agreement . 6 . The lessee hereby covenants and agrees to investigate , to the extent it deems necessary , all claims of every nature at its own expense , and to indemnify , protect , defend , hold and save harmless the State of Florida Board of Trustees of the Internal Improvement Trust Fund and/or the State of Florida from any and all claims , ' actions , !a-K- s and demands of any kind or nature arising out of this agreement . 7 . The lessor does not warrant or guarantee title , right or interest in the property described herein . S . Any inequities that may subsequently appear in this lease shall be subject to negotiation upon written request of either party , and the parties agree to negotiate EXHIBIT "A" Page 7 of 20 Temporary Construction Easement No.31606 Page 2 of 4 _ 1Q in good faith as to any such inequities . 9 . This agreement is executed in duplicate , each copy of which shall for all purposes be considered an original . IN TESTIMONY WHEREOF the Trustees , for and on behalf - of the State of Florida Board of Trustees of the Internal Improvement Trust nnd , have hereunto subscribed their names and have caused the official seal of the State of Florida Board of Trustees of the Internal Improvement Trust Fund to be hereunto affixed in the City of Tallahassee on this 4th day of September , 19 70 , and the State of Florida Department of Natural Resources , an agency of the State of Florida. , have hereunto set their hands an official s ai at Tallahassee , Florida , this 4t d of tem 9 70 � . . ' . . . - ( SEAL.) " ._ STATE OF FLORIDA n BOARD OV TRbSTEES OF THE INTERNAL —� IMPROVEMENT TRUST UND '_ ;Secre -LaTyieni ale torn yl imp,zrol er Treasurer d T41 � Commis er ionuca � ron EXHIBIT "A" Page 8 of 20 Temporary Construction Easement No. 31606 Page 3 of $ Commissioner ol AgrlcUlTure As and Constituting the State of Florida Board of Trustees of the nternal mprovement T a t nd , Le or . ecretary o tat ' ttorney Ge . era omptroller Treasurer � T ..�.-ems Ommis oner EducaTion �ry Fiv✓.c�G.t Comm ' ss -®r ol gricu_ tw e As and Constituting the State Of Florida Department of Natural Resources , Lessee . APPROVED AS TO FORM M I �� ALI i7 e. EXHIBIT $'A" yeS,arimont httorney Page 9 of 20 Temporary Construction Easement No.31606 Page 4 of 4 ` 12 No , 2457 Exhibit "A " Management Project # 30 Sebastian Inlet The following described land , situate , lying and being in the County of Indian River , State of Florida , to- wit : The South 900 ' of the North 1000 ' of the South 2000 ' of Government Lot 2 , Section 28 , Township 30 South , Range 39 East , Indian River County Florida , less and except that portion of property described in 0 . R . Book 147 , page 139 , Indian River County Public Records ; and also , ➢/"J J A parcel of submerged lands as recorded in 0 . R . Book 201 , page 9 , ® Public Records of Indian River County , Florida , more particularly � Y • described as follows : From the Southeast corner of Section 33 in said Township 30 South , Range 39 East , run North 89 degrees 57 minutes 51 seconds West a distance to 405 . 00 ' ; the North 17 degrees 17 minutes 55 seconds West a distance to 630 . 00 ' ; thence North 26 degrees 00 minutes 55 seconds West a distance to 6325 . 27 ' ; thence ` South 89 degrees 57 -minutes 51 seconds East a distance of 261 . 65 ' to a point in the mean high water line of the Indian River and the point of beginning of the parcel hereinafter described ; thence North 89 degrees 57 minutes 51 seconds West a distance ae 1075 . 26 ' to the established bulkhead line ; thence North 25 degrees 14 minutes 51 seconds West along said esatblished bulkhead line a distance of 597 . 43 ' ; thence South 89 degrees 57 minutes 51 seconds East a distance of 860 . 35 ' to a point in the mean high water line of the Indian River ; thence Southeasterly along said mean high water line a distance of 738 . 74 ' , more or less , to the point of beginning ; LESS AND EXCEPT highway right- of-way for State Road A- 1-A as described in deed in 0 . R . 157 , page 340 , Indian River County Public Records . r, All that property hereinafter described , as shown on the Plat of !/ el ti Sebastian Inlet Subdivision , recorded in Plat Book 3 , page 39 , Brevard County Public Records , said land now lying and being in Indian River County , Florida , as follows : Lots 1 through 15 , Inclusive , Block, 1 Lots 1 through 13 , Inclusive , Block 2 Lots 1 through 11 , Inclusive , Block 3 of Lot 6 of Block 4 Lots 3 , 7 , 8 , and unnumbered Lot lying Westerly Lots 1 & 2 , Block 5 Hardee ' s Reserve Tract , being an unnumbered parcel lying Westerly of Block 3 and East of the Indian River . EXCEPTING therefrom the right- of-way for State Road A- i-A , AJDI excepting therefrom a parcel across the South end of Sala Sebastian Inlet Subdivision , described as follows : That part of Section 20 , Township 30 South , Range 39 East , more particularly described as follows , to- wit : Beginningat a point on the center line of State Road A-1- A identified as Station 811+20 . 70 on that certain State Road Department Certified right- of-way Map showing location , survey and reouirements of right- of- way for a portion of Section 88070 designated as part of State Road A- 1-A in Indian River County , Florida , extending from the South line of Section 33 , Township 30 South , Range 39 East , Northwesterly. ,to Brevard County line certified on the 12th day of February , 19633 by Ralph " Davis , Director State Board Department of Florida ; Thence North 84 degrees 56 minutes 25 seconds West , 373 . 84 feet ; Thence North 3 degrees 40 minutes 12 1/2 seconds East , 25 . 095 feet ; Thence South 87 degrees 30 minutes 11 seconds East , 244 . 44 feet to a point in the West right- of- way line of State Road A- 1-A ; Thence South 87 degrees 30 minutes 01 seconds East , 312 . 16 feet , passing through a railroad spike in the centerline of State Road A- 1 - A , to a point on the bluff marking the mean high water line of the Atlantic Ocean on August 19 , 1965 ; EXHIBIT "A" Page 10 of 20 Temporary Construction Easement No.31606 Thence South 24 degrees 48 minutes 55 seconds East , 58 . 565 feet along said bluff ; Thence North 84 degrees 56 minutes 25 seconds West , 210 . 72 feet to the point of beginning . PARCEL 1 : Government Lot 2 , less the South 2000 feet , Section 28 , Township 30 Lv-r• -f , r, South , Range 39 East , ( less right - of- way of State Road A- 1-. �% Indian yOX ei-" � River County , Florida . PARCEL 2 : South 300 feet of North 600 feet of Government Lot 1 , Section 28 , Township 30 South , Range 39 East , AND the South 300 feet of North ie3✓ _ 600 feet of Government Lot 1 , Section 29 , Township 30 South , Range 39 East , less right - of-way of A- 1 -A , Indian River County , Florida . PARCEL. 3 : The South 50 feet of Government Lot 1 , Section 28 , Township 30 South , Range 39 East , LESS right- of-way of A- 1- A , Indian River County , Florida . PARCEL 4 : ; eZovernment Lot 1 , Section 21 , Township 30 South , Range 39 East , less - ,,.� right - o. - way of A- 1 -A , Indian River County , Florida . PARCEL 5 . All of Government Lot 1 of Section 28 , Township 30 South , Range 39 = East , EXCEPT the North 1600 feet and the South 50 feet thereof , AND P of Government Lot 1 of Section 29 , Township 30 South , Range 39 East EXCEPT the North 1600 feet thereof ; ALSO , J "J➢� The South 1000 feet of North 1600 feet of Government Lot 1 , Section �8 28 , AND the South 1000 feet of North 1600 feet of Government Lct 1 , Section 29 , all in Township 30 South , Range 39 East ; all of said land lying and being in Indian River County , Florida ; ALSO , Z1 A. parcel of submerged land in the Indian River Sections 28 and 29 , �✓ Township 30 South Range 39 East , Indian River County , Florida , more particularly described as follows : From the intersection of the East bank of the Indian River and a line 50 . 00 feet North of and parallel to the South line of Government Lot 1 of said Section 28 , said point being the Point of Beginning ; thence run South 89 degrees 52 minutes 07 seconds West a distance of 670 . 96 feet to the Bulkhead Line as established by the Board of County Commissioners of Indian River County , Florida ; thence run North 25 degrees i4 minutes 51 seconds West along said Bulkhead Line , a distance of 12323 feet to a point being 110 . 00 feet West and 1477 . 01 feet South oraf the Northeast corner of said Section 29 ; thence continuing along the Bulkhead Line North 84 degrees 38 minutes 26 seconds West , a distance of 1021 . 10 feet ; thence continue along said Bulkhead Line , North 52 degrees 02 minutes 48 seconds West , a distance of 1100 . 31 feet ; thence continue along said Bulkhead Line , North 75 degrees 22 minutes 55 seconds East , a distance of 371 . 86 feet to the intersection with the Westerly e :,�tension of the South boundary of the No 600 . 00 feet of said Section 29 ; thence Nortuh 89 degrees 42 minutes 05 seconds East , a distance of 122 . 28 feet to the mean :nigh water line ; thence meandering South and Easterly along the mean high water line through Sections 28 and 29 to the Point of Beginning ; containing 18 . 99 acres , more or less . Said land lying and being in Indian River County , Florida . PARC= 6 : That part of the North 1000 feet of the South 2000 feet of Government Lot 2 , Section 28 , Township 30 South , Range 39 East , lying and being L, 4r in Indian River County , Florida , being described as follows , to - wit : If 1 �^ 4 From the point of intersection of the Atlantic Ocean Bank and the South line of the North 1000 feet of the South 2000 feet of Government Lot 2 , Section 28 , Township 30 South , Range 39 East , Indian River County , Florida , run North 25 degrees 47 minutes 51 seconds West O� 600 . 63 feet to the point of beginning , thence ran North 89 degrees 57 minutes 51 seconds West 361 . 40 feet , thence run North 38 degrees 30 minutes 51 seconds West 588 . 19 feet , thence run South 89 degrees 57 minutes , 51 seconds East 505 . 25 feet ; thence run South 25 degrees 47 minutes 51 seconds East 511 . 08 feet to the point of beginning , less the North 100 feet of the South 2000 feet of Government Lot 2 , Section 28 , Township 30 South , Range 39 East , Indian River County , Florida ; said property lies West of the Atlantic Ocean and East of Indian River , being bounded on the East by the Atlantic Ocean and EXHIBIT "A" on the West by the Indian River , LESS right- of- way of A- 1-A . Page 11 of 20 - Temporary Construction Easement No.31606 Page 2 of 8 1 � PARCEL 7 : The North 1000 feet of Government Lot 1 , Section 33 , Township 30 South , Range 39 East , less right- of-way for Highway A- 1-A , and less the South 300 feet lying east of Highway A- 1-A ; ALSO , A parcel of submerged land in the Indian River in Section 33 , Township 30 South , Range 39 East , Indian River County , Florida , more particularly described as follows : From the intersection of the North boundary line of said Section 33 , 0 \ being the North boundary line of said Government Lot 1 , of said Section � @r 33 and the West right- of- way line of Ocean Boulevard , as shown on Q the Plat of Ambersand Beach Subdivision , as recorded in Plat Book. 3 , n� Page 76 , Brevard County public records , and now being in Indian River County , Florida ; run West on the north line of said Government Lot 1 , Section 33 to its intersection with the East shore of Indian River lit ; as shown on the aforesaid Ambersand Beach Subdivision plat for the point of beginning ; thence from said point of beginning traverse the Easterly shore of Indian River in a Southerly direction to the South line of the North 1000 feet of said Government Lot 1 ; thence run West on the extension of the aforesaid South line of the North 1000 feet to its intersection with the revised County bulkhead line established by Resolution dated September 6 , 1962 , as recorded in Minute Book 8 , Page IA , Indian River County records ; thence run North 25 degrees 14 minutes 51 seconds West along said revised bulkhead line to the Westward projection of the North boundary line of the aforesaid Section 33 , Township 30 South , Range 39 East ; thence run East on the aforesaid projection to the East boundary of Indian River to the point of beginning ; less and excepting the right- of- way of State Road A- 1-A as the same now exists ; ALSO , Lots 29 , 30 , 31 and 32 , AMBERSAND BEACH SUBDIVISION No . 2 , from the Atlantic Ocean extended Westward to the bulkhead line , according to plat thereof recorded in Plat Book 3 , Page 76 , Public Records of Brevard County , Florida, and re- recorded in Plat Book 7 , Page 8A , Public Records of Indian River County , Florida . PARCEL 8 : A parcel of submerged land in the Indian River in Section 28 , Town- ship 30 South , Range 39 East , Indian River County , Florida , more particularly described as follows : From the Southeast corner o£ Section 33 , said Township 30 South . Y Range 39 East , run North 89 degrees 57 minutes 51 seconds West a �Qdistance o; r 405 . 00 feet ; thence un North 17 degrees 17 minutes * uR� � 55 seconds West a distance of 630 . 00 feet , thence run North 26 degrees 00 minutes 55 seconds West a dis-� ance of 7327 . 04 feet ; r,{0 thence run North 89 degrees 57 minutes 51 seconds West a distance of 66 . 66 feet to a point on the mean high water line of the Inman River , said point being the Point of Beginning ; thence continue along anis same bearing a distance of 732 . 17 feet to a point on the established Bullhead Line : thence run North 25 degrees 14 minutes 51 seconds West along said Bulkhead Line , a distance of .110 . 60 feet ; thence run South 89 degrees 57 minutes 51 seconds East a distance of 729 . 52 feet to a point on the mean high water line of the Indian River ; thence Southeasterly along said mean high water line to the point of beginning ; ALSO , The Porth 100 feet of the South 2000 feet of Government Lot 2 , ^`o Section 28 , Township 30 South , Range 39 East , iLESS right- of- way ^ 5 ' J 1 4 of A- 1- A, .Indian River County , Florida , including all littoral and , c0 riparian rights appertaining thereto . The following described lands situate , lying and being in the County of In^.:ian River , State of Florida , to-wit : Government Lots 3 and 4 in Section 20 , Township 30 South , Range 39 East ,(LESS right- of-way of A- 1- A) EXHIBIT "A" Page 12 of 20 Temporary Construction Easement No.31606 Page 3 of 8 1 � TOGETRER WITH : PARCEL "A '• Two parcels of land in Section 20 , Township 30 South , Range 39 East , Indian River County , Florida , more particularly described as follows : PARCEL 1 - From the Southeast corner of said section 20 , run North 89 degrees 31 minutes West , a distance of 1716 feet ; thence run North 00 degrees 29 minutes East , a distance of 1320 feet ; thence run North 24 degrees 16 minutes West , a distance of 237 feet to the Point of Beginning ; thence continue along this same bearing a distance �w of 738 feet ; thence run South ll degrees 48 minutes West , a distance ti of 455 feet ; thence run South 79 degrees 49 minutes East , a distance of 277 feet ; thence run South 34 degrees 42 minutes East , a distance of 217 feet , more or less , to the Point of Beginning . Containing 1 . 78 acres , more or less . G PARCEL 2 - From the Southeast corner of said Section 20 , run North 89 degrees 31 minutes West , a distance of 1716 feet for a Point of Beginning , which is also the point of intersection of the South boundary of said Section 20 and the Government Meander Line as established in 185.0 ; thence run North 00 degrees 29 minutes East along said Ye ander Line , a distance of 1320 feet ; thence continue along said Meander Line North 24 degrees 6 minutes West , a distance of 60 feet ; thence run South 27 degrees 44 minutes West , a distance of 35 feet ; thence run South 63 degrees 44 minutes West , a distance of 90 feet ; thence run North 87 degrees 55 minutes West , a distance of 130 feet; thence run South 51 degrees 59 minutes West , a distance of 126 feet ; thence run South 38 degrees 14 minutes West , a distance of 248 feet ; thence run South 47 degrees 14 minutes West , a distance of 335 feet ; thence run South 25 degrees 4 minutes East , a distance of 230 feet ; thence run South 15 degrees 16 minutes East , a distance of 115 feet ; thence run South ll degrees 44 minutes West a distance Of 495 feet to the intersection with the south line of said Section 20 ; thence Easterly along the said south line of Section 20 , a distance of 710 feet , more or less , to the Point of Beginning . Containing 18 . 30 acres , more or less . Both parcels containing a total of 20 . 08 acres , more of less . AND TOGETHER WITH : PARC%1 "B " P?i of those submerged lands in the Indian River and Sebastian Inlet in Sections 20 and 2.0 . Township 30 South , Range 39 East , Indian River Count.%% Florida , lying southeasterly , southerly and northwesterly of a Deninsulax of land created from spoil material dredged from said 1n1Et ; all lying and being witninthe follow_ng perimeter description : From the Southeast corner of said Section 20 , run Itiorth 89 degrees � d 3i minutes West along the South line of said Section 20 , a distance nt of beginning : thence No.uh 24 degrees 24 2891 . 01 feet �o the poi i minutes 21 seconds East , 871 . 00 feet ; 'ihence North 85 degrees 40 1J✓�1 \\ u� minutes 4 seconds East , 9 . f . thence North 47 degrees 5 6 60 fee ' 14 " mina es East , 350 . 0fee , thence North 38 degrees 14 minutes Easy , 248 . 0 feet ; thence North 51 degrees 59 minutes East , 126 . 0 feet ; thence South 87 degrees , 55 minutes East , 130 . 00 feet ; thence North 63 degrees 44 minuteiV-'90 . 0 feet ; thence North 27 degrees 44 minutes East , 35 . 0 feet ; thence North 24 degrees 16 minutes West , 177 . 0 feet ; thence North 34 degrees 42 minutes West , 217 feet ; thence North 79 degrees 49 minutes West , 277 . 0 feet ; thence North 11 degrees 48 minutes East , 770 . 48 feet ; thence South 37 degrees 42 minutes 22 seconds West , 435 . 0 feet ; thence South 53 degrees 42 minutes 22 seconds West , 230 . 0 feet ; thence South 41 degrees 05 minutes 32 seconds West , 350 . 0 feet ; thence South 04 degrees 59 minutes 36 seconds West , 240 . 0 feet ; thence South 31 degrees , 21 minutes 01 seconds West , 2955 . 0 feet to a point of tangency of a circular curve ; thence continue on the arc of said circular curve concave to the le _U , having a radius of 485 feet , a distance of 1904 . 59 feet to a point ; thence North 24 degrees 24 minutes 21 seconds East , a distance of EXHIBIT "Alp 1281 . 79 feet , more or less , to the Point of Beginning ; containing a Page 13 of 20 net a:-ea of 4o . 65 acres , more or less . Temporary Construction Easement No.31606 Page 4 of 8 ' 11 AND TOGETHER WITH : PARCEL 11C 11 Two contiguous parcels of submerged land , now filled , lying in the Indian River in Sections 20 and 29 , Township 30 South , Range 39 East , Indian River County , Florida , being more particularly described as follows : PARCEL 1 - From the Southeast corner of said Section 20 , run North 89 degrees 31 minutes West along the South boundary of said Section 20 , a distance of 3281 . 90 feet to the point of beginning ; thence North 49 degrees 38 minutes 56 seconds East 7 . 3 feet ; thence North 16 . 50 degrees 15 , Anute5 East 102 . 0 feet ; thence North 6B degrees 30 minutes East 102 . 0 feet; thence North 63 degrees 45 minutes 23 seconds 1G" East 128 . 8 feet ; thence North 12 degrees 23 minutes East 108 . 0 feet ; 1' thence North 27 degrees 23 minutes East 100 . 0 feet ; thence North 52 degrees 42 minutes 05 seconds East 169 . 2 feet ; thence North 34 degrees ' 28 minutes 05 seconds East 440 . 0 feet ; thence North 44 degrees 40 minutes East 100 . 0 feet ; thence North 26 degrees 30 minutes 37 secondi 27 . 8 feet ; thence North 12 degrees 19 minutes West 322 . 0 d feet ; thence North 10 degrees 11 minutes East 194 . 0 feet ; thence North 07 degrees 36 minutes East 216 feet ; thence South 89 degrees 04 minutes East 112 . 0 feet ; thence North 45 degrees 56 minutes East c . r_! 87 . 0 feet ; thence North 11 degrees 48 minutes East 623 . 0 feet ; thence South 40 degrees 10 minutes 48 seconds West 899 . 9 feet ; thence South 02 degrees 55 minutes West 78 . 0 feet ; thence South 21 degrees 55 minutes 19 seconds West 201 . 8 feet ; thence South 32 degrees 47 minutes West 200 . 161feet ; thence South 30 degrees 32 minutes West 500 . 2 feet ; thence South 32 degrees 41 minutes 42 seco�nds West 300 . 1 feet ; thence South 30 degrees 12 minutes 30 second05o . 0 feet ; thence South ii degrees 58 minutes 32 seconds West 293 . 2 feet ; thence South 17 degrees 13 minutes West 47 . 15 feet ; thence South 89 degrees 31 minutes East 239 . 7 feet to the Point of Beginning . Containing 22 . 02 acres , more or less . PARCEL 2 - From the Southeast corner of said Section 20 , run North 89 degrees 31 minutes West along the South boundary of said Section 20 a distance of 3281 . 90 feet to the point of beginning ; thence continue North 89 degrees 31 minutes West 239 . 7 feet ; thence South 17 degrees 13 minutes West 247 . 8 feet ; thence South 60 degrees 38 minutes West 95 . 0 feet ; thence South 72 degrees 08 minutes West }• 120 . 0 feet ; thence South 47 degrees 28 minutes 35 seconds West 220 . 0 feet ; thence South 32 degrees 27 minutes 05 seconds West 420 . 00 ' Q I feet ; thence South 41 degrees 38 minutes 05 seconds West 258 . 3 feet ; thence South 10 degrees 03 minutes 33 seconds East 61 . 0 feet ; thence o Sough 65 degrees 41 minutes East 81 . 0 feet ; thence North 72 degrees 25 minutes 45 seconds East 285 . 5 feet ; thence North 52 degrees 25 minutes East 300 . 5 feet ; thence North 41 degrees 07 minutes 07 seconds East 153 . 5 feet ; thence North 23 degrees 32 minutes 35 seconds East 200 . 0 feet : thence North 38 degrees 18 minutes East 100 . 5 feet ; thence North 29 degrees 18 minutes East 100 . 0 feet ; thence North 23 degrees 07 minutes 14 seconds East 102 . 1 feet ; thence North 14 degrees 47 minutes East 207 . 0 feet ; thence run North 49 degrees 38 minutes 56 seconds East , a distance of 119 . 4 feet to the Point of Beginning . Containing 8 . 63 acres , more or less . The total area herein described being 30 . 65 acres , more or less . AND TOGETHER WITH : PARCEL "D " That part of Section 20 , Township 30 South , Range 39 East , more particularly described as follows , to-wit : EXHIBIT "A" Page 14 of 20 Temporary Construction Easement No.31606 Page 5 of 8 Beginning at a point on the center line of State Road A- 1- A identified as Station 811 +20 . 70 on that certain State Road Department of Certified Right- of-Way Map showing location , survey and requirements of right- of-way for a portion of Section 88070 designated as part of State Road A- 1-A in Indian River County, Florida , extending from the South line of Section 33 , Township 30 South , Range 39 East northwesterly to Brevard County line certified on the 12th day of February , 1963 , by Ralph Davis , Director State Road Department of Florida ; thence NorthSX4 degrees 56 minutes 25 seconds West , 373 . 84 feet ; thence North 3 degrees 40 minutes 12 1/2 seconds East , 25 . 095 feet ; thence South 87 degrees 30 minutes 11 seconds East , 244 . 44 feet to a point in the West right- of- way line of State Road A- 1-A ; thence South 87 r ' t% degrees 39 minutes 01 seconds East , 312 . 16 feet , passing through a railroad spike in the centerline of State Road A-1-A , to a point on the bluff masking the mean high water line of the Atlantic Ocean on August 19 , 1965 ; thence South 24 degrees 48minutes 55 seconds East , 58 . 565 feet along said bluff ; thence North 84 degrees 56 minutes 25 seconds West , 210 . 72 feet to the point of beginning ; containing 0 . 35 acres more or less , not including State Road A- 1-A , all as shown on sketch of R . D . Carter Engineering Firm , Inc . No . 2074 dated December 10 , 1965 , and subject to all legal roads and easements of record . LESS THE FOLLOWING : PARCEL "E " From the Southeast corner of Section 20, Township 30 South , Range 39 East , Indian River County , Florida , run North 89 degrees 31 minutes West , along the South line of said Section 20 a distance of Jy 3505 . 98 feet to the point of beginning ; thence North 31 degrees /tel 21 minutes 01 seconds East 1620 . 0 feet ; thence North 34 degrees 4 51 minutes 43 seconds East 978 . 84 feet ; thence North 11 degrees 48 minutes East 332 . 01 feet ; thence South 37 degrees 42 minutes 22 seconds West 435 . 0 feet ; thence South 53 degrees 42 minutes 22 seconds West 230 . 0 feet ; thence South 41 degrees 05 minutes G i 32 seconds West 350 . 0 feet ; thence . South 04 degrees 59 minutes 36 seconds West 240 . 0 feet ; thence South 31 degrees 21 minutes 01 seconds West 1741 . 80 feet ; thence run South 89 degrees 31 minutes East a distance of 168 . 93 feet , more or less , to the point of beginning . AND LESS THE FOLLOWING : PARCEL "F " From the Southeast corner of Section 20 , Township 30 South , Range 39 East , Indian River County , Florida , run North 89 degrees 31 minutes West along the South line of said Section 20 a distance of 2891 . 01 feet to the point of beginning ; thence continue along L* y this same bearing 783 . 90 feet ; thence run South 31 degrees 21 (Ji' minutes 01 seconds West 1213 . 20 feet to a point of tangency of a rl ai circular curve , thence continue on the arc of said circular curve concave to the left , having a radius of 485 feet a distance of 1904 . 59 feet to a point ; thence run North 24 degrees 24 minutes 21 seconds East a distance of 1281 . 79 feet , more or less to the point of beginning . AND LESS Thr, FOLLOWING : PARCEL "G " The following described land , situate lying and being in the County of Indian River , State of Florida , to- wit : That part of Government Lots 3 • and 4 , in Section 20 , Township 30 South , Range 39 East , more particularly described as follows : EXHIBIT "A" Page 15 of 2Q Page 6 of 8 Temporary Construction Easement No.31606 A strip of land 100 feet wide , over , through and across the South 2100 feet of said Section 20 , said strip of land lying within 50 feet each side of the Baseline of Survey , according to the Right of Way N,ap of Section 88070- 2501 , State Road A- 1-A , as filed in the office of the Clerk of the Circuit Court , Indian 4vk^' River County , Florida , a part of said baseline being more particularly described as follows : I BEGINNING on the South line of and 1 . 27 feet North 89 degrees 48 J U minutes59 seconds West of the Southeast corner of said Section - y, , ru 220n North 24 degrees 48 minutes 55 seconds West a distance of 5778 . 21 1 to a point on the North line of said Section 20 , said point being 276 . 55 feet Westerly of the Southeast corner of the lC� West 1/2 of the SW 1/4 of the SE 1/4 of Section 17 ( from Section 7006- 150 Brevard County ) , AND A strip of land 145 feet wide , over , through and across that part 01 said Government Lot 3 lying North of a line parrallel to and 2100 feet North of the South line of said Section 20 , said strip of land lying within 95 feet Westerly of and Within 50 feet Easterly of the above described Baseline of Survey . AND LESS THE FOLLOWING : PARCEL "H " That part of Section 20 , Township 30 South , Range 39 East , more particularly described as follows , to- wit : Start at a point on the center line of State Road A' - !-A identified as Staiion 811+20 . 70 on that certain State Road Department Certified Right of Way Map showing location , Survey and requirements of right Of way for a portion Of Section 88070 designated as Dart of State J % Road A- 1-A in Indian River County , Florida , extending from the south Section Townshi 0 South , Range 30 East northwesterly line of 33 , p 3 O northwesterly to Brevard County line certified on the 12th day of February , 1963 , by Ralph Davis , Director State Road Board Department of Florida ; Thence North 24 degrees 48 minutes 55 seconds West , 47 . 365 feet along Said centerline of State Road A-1- A t0 a railroad spike and the point of beginning ; thence North 87 degrees 39 minutes 01 seconds West , 106 . 78 feet to a point on the West right - of- way line of State Road A-1-A ; thence North 87 degrees 30 minutes 11 seconds West , 244. 41; feet ; thence North 0 degrees 53 minutes 27 . 5 seconds West 25 . 095 feet to a point , said point lying North 89 degrees 30 m nutes 05 seconds East , 40 . 27 feet from a concrete monument set by tae State Road Department ; thence ATorth 89 degrees 30 minutes 05 seconds East , 531 . 94 feet passing through a point in the centerline Of State Road A- 1 -A identified as Station 81 215 . 43 , to a point y on the bluff marking the mean high water line Of the Atlantic Ocean ; i on August l9 , 1965 ; thence South 24 degrees 48 minutes 55 seconds - ' East , 58 . 565 feet along said bluff ; thence North 87 degrees 39 minutes 01 seconds West , 205 . 38 feet to the point of beginning , containing 0 . 35 acres more or less , not including State Road A- 1-A = ` all as shown on Sketch of R . D . Carter Engineering Firm , Inc . No 2074 dated December i0 , 1965 , and subject to all legal roads and easements of record . The foll *raing described lend , situate , lying and being in the County Of Indian River , State of Florida , t0- wit : 7ne North 300 feet of Government Lot 1 , Section 28 , and the North G a 3 300 feet of Government Lot 1 , Section 29 , all in Towmsaip 30 South , Range 39 East .; � 0 EXHIBIT "A" Page 16 of 20 Temporary Construction Easement No. 31606 Page 7 of 8 19 The following described land , situate , lying and being in the County of Brevard , State of Florida , to- wit : All of Government Lot 1 , of Section 20 , Township 30 South , Range 39 East also that parcel of land beginning at the Northeast corner of Givernment Lot 2 , of Section 20 , Township 30 South, Range 39 IGS East , thence due West along the North line of said Government Lot l� 2 to the Indian River , thence Southerly meandering the East bank of the Indian River to the North Jetty of Sebastian Inlet , II approximately 300 feet , thence Northeasterly along said line of the North Jetty to the Point of Beginning LESS AND EXCEPT from ., the above described parcels the right- of-way of State Road A- 1-A . � , � Together with all the submerged land in the Indian River and the Com , Atlantic Ocean adjacent to and adjoining the above described property and together with any and all riparian rights . 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