HomeMy WebLinkAbout2003-124 J This document was prepared by and - i
should be returned to:
Engineering Division C .`
1840 25th Street
Vero Beach , FL 32%0
EASEMENT
AND
RECIPROCAL MAINTENANCE AGREEMENT
THIS GRANT OF EASEMENT, made and executed this 20th day of
May , 20033 by THE LINKS AT POINTE WEST, L. L . C . , a Florida
limited liability company , whose mailing address is 1999 Pointe West Drive ,
Vero Beach , Florida 32968 , hereinafter called GRANTOR , to INDIAN RIVER
COUNTY, a political subdivision of the State of Florida , having a mailing
address of 1840 25th Street , Vero Beach , Florida 32960 , hereinafter called
GRANTEE .
WITNESSETH :
That GRANTOR for and in consideration of the sum of TEN DOLLARS
($ 10 . 00) and other valuable consideration , receipt of which is hereby
acknowledged by these presents does grant , bargain , sell , alien , remise , release ,
convey , and confirm unto the GRANTEE , a perpetual non-exclusive easement for
drainage for the purpose of storing and treating stormwater run-off from 16th Street
between 74th Avenue and 71 St Avenue , over, across , and beneath the following
described land , situate in Indian River County , Florida , to-wit:
The stormwater management lakes within that portion of the attached
Exhibit "A" lying east of 74th Avenue, south of 16th Street and north of
Indian River Farms Main Relief Canal in Indian River County, Florida .
And GRANTOR hereby covenants with said GRANTEE that the GRANTOR
is lawfully seized of said servient land in fee simple, and that the GRANTOR has
good right and lawful authority to convey the easement established hereby and will
defend the same against the lawful claims of all persons whomsoever.
GRANTOR shall be responsible for the operation and maintenance of that
portion of the stormwater management system located on property described in
Exhibit "A" .
GRANTEE shall be responsible for the operation and maintenance of that
portion of the stormwater management system located on property described in
Exhibit " B" .
t
For purposes of this agreement , the stormwater management system
referenced above shall mean 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 , overdrainage , environmental degradation , and
water pollution or otherwise affect the quantity and quality of discharges from the
system , as permitted pursuant to Chapters 40C4 , 40C40 , or 40C42, F .A. C .
For purposes of this agreement , the term " maintenance" as referenced
above shall mean the exercise of practices which allow the systems to provide
drainage , water storage , conveyance or other surface water or stormwater
management capabilities as permitted by the St. Johns River Water Management
District. Any repair or reconstruction of the surface water or stormwater
management system shall be as permitted , or if modified as approved by the St .
Johns River Water Management District .
Any amendment to the Easement which alters any provision relating to the
surface water or stormwater management system , beyond maintenance in its
original condition must have the prior approval of the St . Johns River Water
Management District .
The St . Johns River Water Management District shall have the right to
enforce , by a proceeding at law or in equity , the provisions contained in this
Easement which relate to the maintenance , operation and repair of the surface
water or stormwater management system .
IN WITNESS WHEREOF , the GRANTOR has hereunto set GRANTOR' S
hand and seal the day and year first above written .
Signed , sealed and delivered in THE LINKS AT POINTE WEST , L . L . C .
the presence of: GRANTOR
signature : . By:
printed name: Charles R . Mechling
Managing Member
signature :--�-�T�==�
printed name : , 4<ojc
signature : By: �tL(Yj
printed name : , -� _�` X Lxkcvrk Thomas R . Jones
Managing Member
signature : oA fz%� Alt9 A j
printed name :
2
CADocuments and Settings\steve\Local Settings\Temporary Internet Files\OLKC\9920 Easement and
Reciprocal Maintenace Agreement. doc
STATE OF FLORIDA
COUNTY OF INDIAN RIVER
The foregoing instrument was acknowledged before me this day of
2003 , by Charles R . Mechling , Managing Member of The Links
at Pointe West, L. L . C . , a Florida limited liability company, on behalf of said
company . He is personally known to me or has produced
as identification .
NOTARY PUBLIC
(SEAL) : ••�� 'q 4 A&WeAnn Mon'at i
• DD163�65 m 1 Ch I
' : Commission # �� Afl� (��� �(� �
!*as* • ` '° Expires : Nov 11 2006
;, '• printed name :
•,,,& w ,, Bonded Th.
Atlantic Bonding Co., Inc.
STATE OF FLORIDA
COUNTY OF INDIAN RIVER
The foregoing instrument was acknowledged before me this day of
2003 , by Thomas R. Jones , Managing Member of The Links at
Pointe West, L. L. C . , a Florida limited liability company , on behalf of said
company . He is personally known to me or has produced
as identification .
Michelle Ann Monjar NOTARY PUBLIC
Commission #DD163065
�•, • •
(SEAL) -_ n. -
•. Expires : Nov It , 2006 �Y1 � L` `� -, 1 �f1 cy1C� r
BonaeaThnt printed name :
•y"' " ` Atlantic Bonding Co., Inc.
INDIAN RIVER COUNTY , through its authorized representative , hereby
consents and agrees to its maintenance obligations under this agreement .
INDIAN VER COUNTY FLORIDA
By :
nneth R . Macht
ATTEST : Jeffrey K. Barton , Clerk Board of County Commissioners
BCC approved : May 20 , 2003
B U /?
Deputy Clerk SEAL :
Approved as to form and Indian River County Approved Date'TM 'p�
.� .
legal sufficiency: Administration �y
Budget
Co . Attorney 22
Risk Management
William G . Co ins II Department s
County Attorney Division v
3
C :\Documents and Settings\steve\Local Settings\Temporary Internet Files\OLKC\9 20 Easement and
Reciprocal Maintenace Agreement . doc
P . O . C .
N . W . Corner 7 - 33 - 39 0 300 soo 1200
J1 61 L1 — — 16TH STREET 30 ' R/W — -Section Line I
3:: 12 7 P . Q . B . N 89 ° 53 ' 32 " EI I L3 ( Basis of Bearings ) o GRAPHIC SCALE
\ w ( IN FEET )
L2 j j I . R ; F. W . M . D . CANAL "A - 1 " o
- - - - - - - - - - - - - - - 30 R W
cn
I I I
\ I I vo)
�° ° °�' o f I O Z LINE TABLE
I
L1 S 00' 31 ' 23 " W 30 . 00 '
FUTURE RESIDENTIAL LANDS - UNPLATTED
I
o o - - J, I L2 N 89 ' 53 ' 07 " E 100 . 01 '
� I� z i , � L3 N 89 ' 53 ' 32 " E 3 , 891 . 83 '
0 L4 S 00' 12 ' 1 1 " W 12315 . 89
'
LUj L5 S 00' 12 ' 00 " W 106 . 47 '
IIt
W J I L6 S 69 ' 17 ' 22 " W 4 , 166 . 86
J J I
Z � I L7 N 00' 12 ' 52 " E 238 . 44 '
I
Q I L8 N 00' 12 ' 50 E 1 , 340 . 1 1 ' '
r
oo' I L9 N 00' 12 ' 54 " E 1 , 310 . 09 ' :I
�J
i L6 EXHIBIT "A " - LEGAL DESCRIPTION OF EAST GO
LF COURSE AT POINTE WE ,
o I A parcel of land lying in Section 7 , Township 33 South , Range 39 East in Indian o
Florida , more particularly described as follows :
River County ,
Commence at the Northwest corner of said Section 7 ; thence run S00' 31 ' 23 "W
ropose \\ eC' a distance of 30 . 00 feet to a point ; thence run N89 ' 53 ' 07 " E a distance of
N �e 100 . 01 feet to the POINT OF BEGINNING . Thence run N89 ' 53 ' 32 " E a distance
t1 o \o of 3 , 891 . 83 feet to a point ; thence run S00' 12 1 1 W a distance of 1 , 315 , 89
°
feet to a point ; thence run S00' 12 ' 00 "W a distance of 106 . 47 feet to a point ; n
M thence run S69 ' 17 22 W a distance of 4 , 166 . 86 feet to a point ; thence run
F N00' 12 ' 52 " E a distance of 238 . 44 feet to a point ; thence run N00' 12 ' 50 " E
� • U) "t
a distance of 1 , 340 . 11 feet to a point ; thence run N00' 1 2 ' 54 " E a distance of 3
1 , 310 . 09 feet to the POINT OF BEGINNING . w �_
THIS IS NOT A BOUNDARY SURVEY Said parcel contining 192 . 59 ± acres . N
SKETCH TO ACCOMPANY LEGAL DESCRIPTION This sketch and description is not whole and complete L Li
o
PREPARED FOR INDIAN RIVER COUNTY ENGINEERING DEPARTMENT without both sheets one and two as prepared , c, o .
NDIAN RIVER COUNTY ADMINISTRATION BUILDING Project No . 9920 0 o
/ND/AN RIVER COUNTY DFL4N1N B''' SECTION 7 S„ cv
1 RO 25tH STREET B. ROACH SKETCH AND D£SCR/PT/ON OF
VERO BEACH. 8 32990 - �r Deoortmenf of Pub/ic W1. orks APPR� � . TOWNSHIP 33S 1
EET
(��2) ss�-9oo0 Englneerin Division M. O 'BR/EN RANGE 39E East Golf Course at Pointe West /
0
NOTES
1 . This sketch and description is not valid
without the signature and the original 4 . Bearings shown hereon are assumed .
Basis of bearings is N 89' 53 ' 32 " E ,
raised seal of the Florida registered
along the South right — of — way line of
Surveyor and Mapper named hereon .
2 . This sketch and description meets or 16th Street as shown .
5 • Legal description hereon is based on and
exceeds all applicable requirements of
derived from Masteller and Moler, Inc .
the Minimum Technical Standards as
established in Chapter 61G17 - 6 , Florida " Preliminary Plat information drawing
Administrative Code . No . 9760 , dated 2/ 18/2000 , Sheet
3 . This sketch and description and adjoining 2B of 14 .
6 • This sketch and description was prepared
parcels may be subject to easements ,
restrictions , reservations , or right — of — ways without the benefit of property title or
records search . Description depicted as
not shown and may be found in the
Public Records . shown in Note No , five above .
LEGEND & ABBREVIATIONS
R /W = Right — of — Way o
P . O . B . = Point of Beginning o
P . O . C . = Point of Commencement
I . R . F . W . M . D . = Indian River Farms Water
Management District o
CERTIFICATION a
Surveyor and Mapper in responsible charge THIS 1S NOT A BOUNDARY SURVEY
SKETCH TO ACCOMPANY LEGAL DESCRIPTION r?
3 PREPARED FOR INDIAN RIVER COUNTY ENGINEERING a
Michael O ' Brien P . S . M . DEPARTMENT o T
Florida Registration No . LS 6118 date This sketch and description is not whole0
w o
Indian River County Surveyor without both sheets one and two as prepared .
complete U.
ro
NDIAN RIVER COUNTY ADMINISTRATION BUILDING Project No , 9920 0 0
1840 25th STREET /ND/AN R/I/ER =*�4
SECTION 7 N
VERO BEACH, FL 32960 Deoor1men! of PB. ROACH SKETCH AND DESCR/PT/ON OF S"�`
(772) ss�-8000 Engineering ria O 'BR/EN ROANGE H I P 33£ j o
Eost Go/f Course of Poinfe West of
0
EXHIBIT ` B"
That Portion of the Stormwater Management System located within the
following County Road Right-of-Way;
16th Street between 74`h Avenue and 71 " Avenue
See sketch Exhibit "A" for 16th Street Right of Way
J
e F:\Engineering\Capital Projects\0211 -74th Ave, 12th St to 16th St\0211 Exhibit B , legal descr-rss.doc
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