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HomeMy WebLinkAbout2008-023I-a� 08 �H Road & Bridge Storage Yard Ditch Instrument prepared by and should be cop Returned to County Attorney's Office EASEMENT This Grant of Easement, made and executed this 22nd day of January. 2008 , A. D., 2008, by INDIAN RIVER COUNTY, a political subdivision of the State of Florida, the address of which is 1801 27th Street, Vero Beach, FL 32960, hereinafter called GRANTOR', to UNITED PARCEL SERVICE, INC., an Ohio corporation, the address of which is Attn: Tax Dept., P. 0. Box 28606, Atlanta, GA 30328, hereinafter called GRANTEE', 'Whenever used herein the term GRANTOR and GRANTEE include all parties to this instrument and their heirs, legal representatives, successors, and assigns. WITNESSETH: That GRANTOR for and in consideration of the sum of One Dollar and other consideration, receipt of which is hereby acknowledged, does hereby grant, bargain, sell, alien, remise, release, convey, and confirm unto the GRANTEE a non-exclusive easement for DRAINAGE PURPOSES on, over, across, and beneath the following described land, situate in Indian River County, Florida, to -wit: SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF IN WITNESS WHEREOF, the GRANTOR has herein set its hand and seal the day and year first above written. rk By — J. K� Barton, -4/ Deputy Clerk Approved as to form and leg s�if�cl4y: _ 11 / %/ William K. DeBraar" Deputy County Attorney INDIAN RIVER COUNTY, FLORIDA BOARD _OF COUNTY COMMISSIONERS Byt �Osh�a�z •# Pandra L. Bowden, Chairman BCC approval date January 22, 2008 w 3 w 0 C 0 v v w u w V Q r� � O - o 0 H 7 J L3 W U U W m Ld w V a 0 0 N d. v w LL O M co o w o ° <n POINT OF COMMENCEVENT NE CORNER OF THE W 10 ACRES OF THE WEST 20 ACRES TRACT 9 POINT OF BEGINNING - I - 40' SKETCH OF DESCRIPTION NOT A FIELD BOUNDARY SURVEY JA DESCRIPTION EXHIBIT " ll A PARCEL OF LAND LYING IN THE WEST 10 ACRES OF THE WEST 20 ACRES OF TRACT 9. SECTION 28. TOWNSHIP 32 SOUTH. RANGE 39 EAST. ACCORDING TO THE LAST GENERAL PLAT OF LAND OF THE INDIAN RIVER FARMS COMPANY. FILED IN THE OFFICE OF THE CLERK OF THE CIRCUIT COURT OF ST. LUCIE COUNTY. FLORIDA IN PLAT BOOK 2. PAGE 25 NOW A PART OF THE PUBLIC RECORDS OF INDIAN RIVER COUNTY. FLORIDA. SAID PARCEL BEING MORE PARTICULARLY DESCRIBED AS FOLLOW: COMMENCE AT THE NORTHEAST CORNER OF THE WEST 10 ACRES OF THE WEST 20 ACRES OF SAID TRACT 9: THENCE SOUTH 0 DEGREES 18 MINUTES 37 SECONDS WEST. ALONG THE EAST LINE OF SAID WEST 10 ACRES OF THE WEST 20 ACRES. DISTANCE OF 30.00 FEET TO THE POINT OF BEGINNING: THENCE CONTINUE SOUTH 0 DEGREES 18 MINUTES 37 SECONDS WEST ALONG SAID LINE. A DISTANCE OF 443.40 FEET: THENCE NORTH 89 DEGREES 37 MINUTES 25 SECONDS WEST. A DISTANCE OF 20.00 FEET: THENCE NORTH 0 DEGREES 18 MINUTES 37 SECONDS EAST. ALONG A LINE THAT IS 20.00 FEET WEST OF. AS MEASURED AT RIGHT ANGLES TO. SAID EAST LINE OF SAID WEST 10 ACRES OF THE WEST 20 ACRES. DISTANCE OF 443.40 FEET: THENCE SOUTH 89 DEGREES 37 MINUTES 25 SECONDS EAST. A DISTANCE OF 20.00 FEET TO THE POINT OF BEGINNING. 0 IA LAND AND WATER CONSERVATION FUND PROGRAM NOTICE OF LIMITATION OF USE/ SITE DEDICATION This Notice of Limitation of Use/Site Dedication gives notice that the Real Property identified in the project agreement and the boundary map, attached hereto as Exhibits "A" and "B," respectively (the 'Property"), has been acquired by or developed with Federal financial assistance provided by the National Park Service of the Department of the Interior in accordance with the Land and Water Conservation Fund Act of 1965, as amended. Pursuant to requirements of that law, this property may not be converted to other than public outdoor recreation uses (whether by transfer, sale, or in any other manner) without the express written approval of the Secretary of the Interior. By law, the Secretary shall approve such conversion only if he finds it to be in accord with the existing Statewide Comprehensive Outdoor Recreation Plan and only upon such conditions as he deems necessary to assure the substitution of other recreation properties of at least equal fair market value and of reasonably equivalent usefulness and location. DEDICATOR INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS Ori mal signature Sandra L. Bowden, Chairman Printed name Chairman Title l iJ V fit% Witness Printed Name: Darcy Vasilas & z� Witness Printed Name: Maria Resto STATE OF FLORIDA COUNTY OF Indian River The foregoing instrument was acknowledged before me this day by Sandra L. Bowden who is personally known to me or who produced as identification. Stamp xaIARV PUB4c E.M. CA,SANO FPS -.4035* MYOOMMISSIONNDD702283 Revised (051/05) EXPIRES: August 6, 2011 BandedThN Bu0p NNuySIMM 1122(©g o ar, Statea€leiida COMPOSITE EXHIBIT A - - -Composite-Exhibit A -consists of: -- - - - a) the legal description of real property conveyed in Warranty Deed dated March 9, 1999, recorded in O.R. Book 1265, Page 1202, Public Records of Indian River County, Florida; b) legal description of real property conveyed in Special Warranty Deed dated November 20, 1996, recorded in O.R. Book 1130, Page 0758, Public Records of Indian River County, Florida; and c) legal description of real property conveyed in Statutory Warranty Deed dated December 27, 1996, recorded in O.R. Book 1134, Page 0265, Public Records of Indian River County, Florida. Prepared By and Return To:_ Cert �:- c 1 R. Mason Blake, Esquire ,N !'i ;, , t ; ',=`t*41 _ DEAN, MEAD, SPIELVOGEL, INLIAIJ1liW 1 1tIt:G t �� N GOLDMAN&BOYD DOCUMENIARYSIAMPS 7380 Murrell Road, #100 DEEo-i-��—QQ— — — --- ----- __ Melbourne, FL 32940 NUIE S lv 111 ��. (407) 259-8900 1FFFRFY K ReRTF1N, CI ERR 60 INDIAN RIVE 1�NTY 7FF2 ip 4 THIS WARRANTY. DEED made as of the 9th day ofmAgc�H , 1999, by 1 AMISTAD ANSTALT, a Liechtenstein corporation, whose post office address is c/o R. Mason Blake, Esquire, %a: Dean, Mead, Spielvogel, Goldman & Boyd, 7380 Murrell Road, Suite 100, Melbourne, Florida 32940 = (hereinafter referred to as "Grantor"), to INDIAN RIVER COUNTY, FLORIDA, a political subdivision of the State of Florida, whose post office address is 1840 24111 Street, Vero Beach, Florida 32960 (hereinafter relerred to as "Grantee"): _ (Wherever used herein the terms "Grantor" and "Grantee" include all the parties to r this instrument, the heirs, legal representatives and assigns of individuals, and the w successors and assigns of trustees, corporations and partnerships.) WITNF.SSET1l: That Grantor, for and inconsideration of the sum of Ten Dollars ($10.00) and other valuable considerations, the receipt and sufficiency of which is hereby acknowledged, hereby grants, bargains, sells, aliens, remises, releases, conveys and confirms unto Grantee, and Grantee's successors and assigns forever, all of Grantor's right, title and interest in and to that certain real property situate, lying and being in Brevard County, Florida (hereinafter referred to as the "Property"), and being more particularly described as follows; to - wit: Lots 3 and 4, A. A. BERRY'S SUBDIVISION of Section 30, of Fleming Grant, revised from Carter Survey, according to the Plat recorded in Plat Book 2, Page 14, Public Records of St. Lucie County, Florida now lying in Indian River County, Florida. Property Appraiser's Parcel Identification Number: 21-30-38-00006-0030-00(101,0 TOGS"flIFR with all of the tenements, hereditaments and appurtenances thereto belonging or in anywise appertaining. rV AND Grantor hereby covenants with Grantee that Grantor is lawfully seized of the Property in CA fee simple; that Grantor has good right and lawful authority to sell and convey the Property; and that Grantor hereby warrants the title to the Property and will defend the same against the lawful claims of all persons — whomsoever. This conveyance is subject to casements, restrictions, limitations and conditions of record, if any rV now exist, but any such interests that have been terminated arc not hereby reimposed. co rV IN WITNESS WHEREOF, Grantor has executed and delivered this instrument and has intended this instrument to be and become effective as of the day and year first above written. _ Signed, seaW and delivered in the -press ce of: Print Name: ✓�7S hCck Print Name: /.'rlCAI ,( .ti r.'A t r_' STATE OF _ COUNTY OF AMISTAD ANSTALT, a Liechtenstein -corporation By: Name: Dr. Franz PUCHER Title: _Liq! • Liquidator The foregoingg instmnrcrrt was acknowledged before me llris 9th day of March 1999, by Dr. Franz PUCHER as liquidator of AMISTAD ANSTALT, a Licchenstein corporation, on behalf of said corporation. Said person (check one) D4 is personally known to me, O produced a driver's license (issued by a state of the United States within the last five (5) years) as identification, or ❑ produced other identification, to wit: PgT L I Cy 1, eiy <'iS Die Ecbiheit del (IMerschrih du z I Herm Dr. Franz PUCHEII, `Wstrassa 17, A-Fel0rcMTuiIll rami 1. rMV 270%Ud0.wp1 Vaduz, den Print Name: M02 I Notary Public q Commission No.: My Commission Expires: IJ Vi TII I r. . h "I I lnyn .11 I rl nr.tnhrn t gn1) •, I rr,n I Inrrn J, Nebo rl n!^ F' Cn!Ihrpnnpapnmon hrkn . I .•.`•iR^rlCht m:! rim (d9rj ' ' ' I ^��in�rirJrtrknrhlM tn. 1 on., f,.....,,.� oil :. fi !V cn Clot -o G7 N O W PARCEL I, Tract C mild that portion of Tract 0 shorn on the RRPLAT Or BCHOOL';PARE SUBBIVISION, ee recorded 10 Plat Book 2, pals 29, Public Records of Ieslen River County, Florida, whleh lit$ Wortherly of the center line at the section of Nato street which contacts NOLO Street as shows on tke said REFLOAT or SCHOOL PARR SUBDIVISION, with Hain Street as shown as the plat of 829ASTIRK GARDENS SUBDIVISION, as recorded In Plat Book 54 a Pigs gas Public Records of 1011110 River County, Plarlda, LESS AND EBCBPT, Those certain percale ss Set forth in Deeds recorded i -S C[fleial Records Book 666, Page 2260, ■ed Offitill Records Book Goes page 22640 of the Public Records of Iadles River County, Florida, and as described as follows,. PARCEL 7, Ali of the following described strip of land _;yk,4g East of Range 36 Bast and North of the existing Bala Street right-of-voy. A strip of lead lying 40.00 feet on each Sidi or the following described line. COBaenee at a concrete movement at the ).'drL'ewst corner of Lot 6, Block 5, RRPLAT OF SCHOOL PARR SUBDIVISION, tbdbce North ria A 41" West it a right Seale to the North line of 4116 Block S, 40.00 feet to I railroad spike being the Point of Beginning, thence South 69'41119" Meet a distoo y of 31.54 feet to a railroad Spike Barking a Point of curvstvrei tblOce along the arc of a curve to the left having a delta of 25'17'53" a ladles of 402.98 feet, or arc length of 177,93 feet to a railroad spike Barking the point of tangency, thjJ?," Soutb 64'23'26" West a distance of 134.a5 feet to a point of curvature, tbence r,:621 the arc of a curve to the left havltg a delta of 6'00100" a radius of 2000.003eet, 80 arc distance of 209.44 feet t0 a point of revers@ curvature, theses continue along the arc of a curve to the right having a dolts of 22'00'00" a radius of 2000.00 feat. 84 ere distance of 418.03 feet to a point of reverse curvature, thence eottl.bua 430119 the are of a curve to the left having a delta of 6000100" a radial of 2000.00 feet, 42 ere distance of 209.44 feet to a rebar and cap steeped LB 84644 Barking a Point of compound curvature, thence eoAtlmee along the ere of a curve to the left having a delta of 19032'59" a radius of 690.00 feet, an arc distance of 235.43 feet to a railroad spike mark Lug the point of tevgeney, thine& Booth 44.5027" West a distance of 63.48 feet to a railroad spike sacking being the ec2;;a2 Point of Bald description. it is the Latest that the aide !Inas of said strip are to be loulthonrd Or sbartaned ---- of--a41d--0911AMAN OMOM-SUBDIVISION. to terminate at the vciat <Iles PARC L 1!+ Being a parties of Tract "D", REPLAT OF SCHOOOL PARR SOBOITISION as riir,;pFdvd lei Plat Book 1, pigs 29s Public Records of Indian River County, Florida, baltiq aore tally described as follows, Cosuacs at a concrete monument at the Northwest corner of Lot 6, -Block S,. REPLhT Or SCHOOL PARR SUBDIVISION; thence North 00.16'41" Nest at a right 10010 to the North !las Of 1410 Block 5, 80.00 test to the South line of Tract "B", REPLAT Or SCHOOL PARR SOBDIVISIONI tbence South 89'41'19^ Nast o0 sold line a distance of 31.S4 feet to the Point of VOILDRlogl tbence continue South 89041'19" Nest a distance of 179.96 feet to a eomerets monument marking the Southwest corner of sold Tract "B"; themes South 22'25107" East a dlstenee of 35.19 test to the North right-of-way Line of the Proposed Nall Street allgementl thence Northeasterly ams �jd 11094 •long the arc of curve to the right having a radius of 442.98 toot, a diltn of 22'06'26" for an arc distance of 170.92 toot hack to the Point of Baglnainj. Being a portion of Tract "C" sad Tract "0", REE14!'OF SCHOOL PARR SUBDIVISION as recorded In Plat Book 1, page 29, Public Raco Yds„of Indian River County, Florlde, being sore fully described as follows, Caala6Cint at s concrete nnnnmsdt It the Ilokrvomt corner of Lot 6, Block 51 REPLAT OF SCHOOL PARE SUSDIViS/ON; thence North ;:`,.;.'16'41” Nast it 4 right angle to the North line of said Block S, 60.00 feet to tho Xa th rlgbt-of-way 1100 of the proposed Nola Strait ■ligasast; thence run in a Nsstva•s -direction on said right-of-way line along the arc of a curve having a radius o4- X442.98 feet, a delta of 22'06126", for to arc diatsacs of 170.92 fast to the Point Of Bdginnikgl thanes cautious along the arc of a curve to the left having a radius of 442.98 feet, a delta of 3'111271t, for as are distance of 24.67 fast to s Point Of tamgrntyl thence South 64'23126" Nest a distance of 45.02 fest; theace, leaving 11,10Tight-of-ray Iles, run Nortk 0.16113" Nest on s line parallel to mad 50,00 toot 'Afkt Of the Nest line of Tract "B", REPLAT OF SCHOOL PARE SUBDIVISION, 193.45 fast tr''e Point of curvature; thence contiuue along the arc of a curve to the left kavimg !radius of 260.00 fast, a delta of 42'S2'37" for an are distance of 194.57 trot to the North line of said Tract "C"; thence North 89'36146" East a distance of 99.70 foot to ■ Point of en rvature; thence Southerly along the arc of a curve to the right having a radius of 340.00 fort, a delta of 7.18'04", for an arc distance of 43.32 feet to a point on the Vogt llae of sold Tract "Ba; tbencs South 0'16113" Bast along gold vast Iles a distance of 271.30 Lost to a concrete monument marbles the Boutkvset Corner of said Tract "B", thence South 22'2S'07" East a distance of 3S.19 fast to the North rigkt-of-way line of the proposed Rale Street= 711gnasnt and the Point of Beginning. h W O O O J O S i a ti.. P66rgL rr, -`_ Lat iud LAS -E, t A=88RRy'E 808RtYJ SiON,_desord lbF So _tYo pl-Ya-tYorwt-Yttod 1� the Office at tM Clerk of the Circuit Court of St. Lucio cousty, Florida, tiff Plat Rook I, pep 14, said laid low sitoeto, lying sad bells Is 7111166 River COalitr, ►lorldar Parisi III Lots 8, 9, 18, 19, less the Northvest 20 feet of said Jtdt 19, Lots 20, 211 22, 23, 24, 25, 26, 291 30, 31, 321 331 34, 354-36, 37, 38, 39, 40, 41, 42, 43, 44, 45, 46, 47, 50, 51, 52, 53, 56, 55, 58, 59 and 60 all in Section 30, FLMUMG GRANT, according to the Plat thereof filed in the Office of the Clark of the Circuit court of Brevard County, Florida in Plat Book 2, page 25, said Land now situate, lying and being in Indian River County, Florida, PARCEL rw, Tract$ As Be C, that portion of Tract D lying Nortk,4t Nolo Street, Tracts E, P, at N, I mod 1i Lots 1 through 3, lsclusive, Block 31 [rats i through 12, Inclusive, Block 61 Late I through 9, Leel Rsles, Black 9; Lots 1 tbitough E, tnciosive6 Block 101 Late 1 through 10, inclusive, Block 111 Lots I throu9lf .-31, lseluU ae, Block 12, and Lots 1 and I, Block As all in SEBASTIAN GARDENS, a subdivision according to the Plat thereof filed IN the Office of the Clark Of the ClrcaL i,aurt of Iadlan River County, Florida, in Plat Book 5, Palo Sol LESS AND EXCEPT, Tkat part of Tract E se get forth in Dowd ricorded la Official Ricardo Book 866, pap 7260, of the Public Records of Indian P,444r County, Florlda, described es follows, PARCEL at All of that portico of tract E, rccordlog to toe Plot of SEBASTIAN OARDERS as recorded In Plat Book 5, Page SQ, RcJbllc Records of Indian River County, Florida, lying witbiu the following doac•F22*d strip of land. A strip Of laud lying 40.00 fUdt on each side of the following described Use. Canlanel It t Concrttd sotawst It the Northwest earner of Lot 6, Block S, 99PLAT 01 SCHOOL PARR SBBDIVISIONr thence North 00'16'41" Nest at a right angle to the North list of slid Bloch 5, 40.00 feet to a railroad ffPlk• being the Point of Beginnings thence Beath 89041'19" Nest 4 distance of $1.54 bot to a railroad $Plan narking a Palet of curvatures case" 42001 the arc Of a Curve to tAe left bowleg a delta of 25'17153" a radius of 402,96 feet, an arc length of 177,93 fest to t railroad spite /arklag the point of tangency; thesct South 64'23126" Nest a distance of 134,66 fast to a Foist of curvitrrel thence along the arc of a curve to ton left having a dolts r_. r i, e;. of 6.00'00" a ra4lee at 1600.00 telt, sad _0_re_elatsuco of 209.44 _t of to a <i*Ui of---_ - -__. -__ r -" Hoorn ur�aFiroi thoon-sontlane--along theareOto taroo—to tRerfeYt R'!"ae-a- - ---- - 401st of 12000`00" a radios of 2000.00 toot, as are 41steace at 410.06 toit t0 ■ ►olst at reverse csrvstuel thence tentless along the are of a curve to 41oo loft Metal a delta of 6'00100" a radios at 2000.00 feet, as are tistence ct 209.44 toot to a rebor and cap stuped LB 04644 burning a point of composad earvatur?q thence Cautious along the are at a curve to the lett bovine a dolts at 19'37:_',%i!" a radios of 690.00 toot, an arc distance of 335.43 feet to a railroad epLke morkd-al the point of totoaeyl those* Booth 44.50127" Nest a distance of 63.46 toot to 1i-4ailroad spike being the ending point of sold description. It Is the Intent that, the aide lino of old strip are to be loult►oed or shortened to terminate at the Meet lies at old SEBASTIAN GARDENS SUBDIVISION, Roseland Satoillte yield, Tract 41 as filed In Official Records Book 77, page 530, Indian River County, plorldo, Mile Records, more part i:zrla riy described to follows, Selloota9 at the Rut corner of Section 29 of the ?1►sling grout, rut South 45909'04" Nut for a distance of 1,706.27 tut to a point/ theuc• North 4492S'SS" Rut for a distance of 1,137,55 tut to a palati thence North 430541S7" Bast for a distance of 963.40 feet to a polatl thence North 45009'04" Rest for a distance of 1,009.32 tees to a Polon thence Saath 44025166" Rut for a dly,:acs of 10797.75 toot to the Point of Begloing• kit lying and being in Indian Visor County, Flotad*, 0 W O O J Cyt N Iq Lots 5 through 13, (less the Southwest 100 feet for road Right -of -Way, and less the southeast 100 feet of the Northwest 176.30 feet of said Lot 7 for road Right -of -Way) and Lots 19 and 20, recorded in the Plat showing Subdivision of THE FLEMING GRANT REVISED FROM THE CARTER SURVEY, TOWNSHIP 30 & 31 SOUTH, RANGE 28 & 39 EAST, Brevard and St. Lucie Counties, Florida by A.A. Berry, July 6, 1913 said plat recorded in Plat Hook 21 Page 14, Public Records of St. Lucie County, Florida, lying and being situate in Indian River County, Florida. GAA/95-015-P56 12-3-96 66hzgdS6I I U0 i Iq Lots 5 through 13, (less the Southwest 100 feet for road Right -of -Way, and less the southeast 100 feet of the Northwest 176.30 feet of said Lot 7 for road Right -of -Way) and Lots 19 and 20, recorded in the Plat showing Subdivision of THE FLEMING GRANT REVISED FROM THE CARTER SURVEY, TOWNSHIP 30 & 31 SOUTH, RANGE 28 & 39 EAST, Brevard and St. Lucie Counties, Florida by A.A. Berry, July 6, 1913 said plat recorded in Plat Hook 21 Page 14, Public Records of St. Lucie County, Florida, lying and being situate in Indian River County, Florida. GAA/95-015-P56 12-3-96 66hzgdS6I I U0 EXHIBIT B — NSCA BOUNDARY MAP (Sebastian Municipal Airport)