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HomeMy WebLinkAbout2003-208 lirstrument prepared by and upon recordation should be �I ��-- returned to Marian E. Fell, Assistant County Attorney 1840 25'`' Street O( b Vero Beach, FL 32960 PARTIAL ABANDONMENT OF EASEMENTS This Partial Abandonment of Easements , made and executed this 19th day of August, 2003 , by Indian River County, Florida, a political subdivision of the State of Florida, whose address is 1840 25th Street, Vero Beach, Florida ( " County") to Walgreen Co . , an Illinois corporation , having an address of 300 Wilmot Road, Deerfield IL 60015 . WHEREAS , County is the Grantee under that certain grant of easement made by Nelson C . Hyatt dated June 15 , 1989 , recorded in Official Records Book 836 , Page 1237 of the Public Records of Indian River County, Florida ( "Easement No . 1 " ) ; and WHEREAS , County is the Grantee of that certain easement granted by Nelson C . Hyatt dated December 12 , 1995 , recorded in Official Records Book 1084, Page 1663 of the Public Records of Indian River County ( "Easement No . 2 ") ; WHEREAS , the County, the City of Sebastian, and Nelson C . Hyatt entered into that certain agreement for constructing improvements to Barber Street between FEC Railroad and US 1 , dated January 14, 1997 ( "Agreement ") wherein the County agreed to the abandonment by the County of portions of Easements No . 1 and No . 2 after relocation of certain utilities , all as more specifically set forth therein. WHEREAS , the utilities located in the original easement areas of Easement 1 and Easement 2 have been relocated and a new perpetual easement and right of way for utility purposes has been granted to the County . and recorded in Official Records Book 1594, Page 1012 of the Public Records of Indian River County, all as required under the Agreement. NOW, THEREFORE, the County hereby abandons, releases , and terminates forever all of the County's right, title and interest in and to : a) the portion of Easement No . 1 that is within parcel 1 , more particularly described in Exhibit "A" and depicted in Exhibit " C " , each attached hereto and made a part hereof, and b) that portion of Easement No . 2 that is within parcel 1 and parcel 2 , more particularly described in Exhibit "B " and depicted in Exhibit "C " , each attached hereto and made a part hereof, effective as of the date hereof. IN WITNESS WHEREOF, the County has caused these presents to be executed in its name, the day and year first above written. INgenneth4�Racht, OUNTY t . I Barton, Cle BoaCo sinners ByAp Deputy Cl r Chairman AP ROVED AS ro F BCC Approval Date 8/ 19/03 EGA UO FF F LL ASSISTANT COUNTY ATTORNEY F :\Attomey\met\Unpartial Abandonment of Easements. DOC C IOt SANITARY SEWER EASEMENT ABANDONMENT THAT PORTION OF A 10 FOOT EASEMENT DESCRIBED IN OFFICIAL RECORD BOOK 836 . PAGE 1237 , OF THE PUBLIC RECORDS OF INDIAN RIVER COUNTY . FLORIDA WHICH LIES WITHIN THE FOLLOWING DESCRIBED PARCEL OF LAND . Commencing at the Southeast corner of Section 20 , Township 31 South . Rangge 39 East : thence North 0 degrees 33 minutes 15 seconds East , a dis ? once of 1848 . 63 feet . to the North line of the South 550 feet of Government Lot 3 : thence North 89 do roes 40 minutes 45 seconds West . a distance of 230 . 64 feet to the POINT OF BEGINNING : thence North 25 degrees 10 minutes 30 seconds West , a distance of 136 . 63 feet to the South right of way line of Barber Street : thence along said South right of way line on a non radial curve to the Northwest having a radius of 540 . 00 feet . on arc length of 8 . 37 feet and a central angle of 0 do roes 53 minutes 15 seconds said curve having a chord bearing of Nortfi 64 de roes 23 minutes 27 seconds East . and o chord distance g of 8 . 37 feet : ? hence North 63 d • groes 56 minutes 50 seconds East . for 406 . 14 feet . to the West right of ray line of U . S . Highway No . I : thence along said West righi of toy line . South 26 degrees 03 minutes 10 seconds East , a distance of 343 . 12 feet . to the North line of the South 550 feet of Government Lot 3 : thence North 89 degrees 40 minutes 45 seconds West . a distance of 465 . 00 feet to the place and POINT OF BEGINNING . Lands now lying and being in Indian River County . Florida . Subject to a si a easemen ? as described in Of ficial Records Book 1350 . page 381 . Public Records of Indian River County . Florida . EXHIBIT_ " A " 08 - 04 - 03 --1155ABAN . GCD SHEET I OF 3 • DATE OF DESCRIPTI3fI ; 8 - 04 - 03 THIS SURVEY IS NOT VALID WITHOUT THE SIGNATURE DAVID M . JONES AND ORIGINAL RAISED SEAL OF THE FLORIDA LICENSED SURVEYOR G MAPPER NAMED BELOW . PROFESSIONAL SURVEYOR 6 MAPPER • SURVEYOR AND MAPPER IN RESPONSIBLE CHARGE DAVID M . JONES , FLORIDA LICENSE NUMBER LS 3909 3899 39TH SQUARE ( 772 ) 567 - 9875 VERO BEACH FL 32960 ( SI ( AND SEALED ) r 10 ' UTILITY EASEMENT ABANDONMENT THAT PORTION OF A 10 FOOT EASEMENT DESCRIBED IN OFFICIAL RECORD BOOK 1084 , PAGE 1663 , OF THE PUBLIC RECORDS OF INDIAN RIVER COUNTY . FLORIDA WHICH LIES WITHIN THE FOLLOWING DESCRIBED PARCEL OF LAND . Commencing at the Southeast corner of Section 20 . Township 31 South . Range 39 East : thence North 0 degrees 33 minutes 15 seconds East . a distance of 1848 . 63 feet , to the North line of the South 550 feet of Government Lot 3 : thence North 89 do rises 40 minutes 45 seconds Wect a distance of 230 . 64 feet to the POINT OF BEGINNING : thence North 25 degrees 10 minutes 30 seconds West , a distance of 136 . 63 feet to the South right of way line of Barber Street : thence along said South right of woy line on a non radial curve to the Northwest having a radius of 540 . 00 feet . an arc length of 8 . 37 feet and a central angle of 0 do roes 53 minutes 15 seconds said curve having a chord bearing of NortR 64 de roes 23 minutes 27 seconds East . and a chord distance of 8 . 37 feet : ? hence North 63 de roes 56 minutes 50 seconds East , for 406 . 14 feet , to the West right o { wof line of U . S . Highway No . I : thence along said West righ { of way line . South 26 degrees 03 minutes 10 seconds East . a distonce of 343 . 12 feet , to the North line of the South 550 foot of Government Lot 3 : thence North 89 degrees 40 minutes 45 seconds West . a distance of 465 . 00 foot to the place and POINT OF BEGINNING . Lands now lying and being in Indian River County . Florida . e000 Subject to o si n smni as described in Of icial Records Book 1350 , page 381 . Public Records of Indian River County . Florida . TOGETHER WITH - PARCEL 2 Commencing at the Southeast corner of Section 20 . Township 31 South . Range 39 East : thence North 0 degrees 33 minutes 15 seconds East . along the East line of said Section 20 . a distance of 1848 . 63 feet to tfie North line of the South 550 foot of Government Lot 3 : thence North 89 degrees 40 minutes 45 seconds West . a distance of 230 . 64 feet to the POINT OF BEGINNING : thence North 25 degrees 10 minutes 30 seconds West . a distance of 136 . 63 feet to the South rigght of way line of Barber Street and the point of curvature of a non - iongent curve . concave to the North , having a radius of 540 . 00 feet . a central angle of 12 degrees 29 minutes 23 seconds , and a chord of 117 . 48 feet bearing South 71 degrees 04 minutes 47 seconds West : thence West along said right of way line and the arc of said curve . a distance of 117 . 71 foot : thence South 12 degrees 40 minutes 32 seconds East , a distance of 86 . 83 foot to the aforementioned North line of the South 550 foot of Government Lot 3 : thence South 89 do roes 40 minutes 45 seconds East , along said line . a distance of 150 . 20 feet to the POINT OF BEGINNING . FEXHIBIT " B 8 - 04 - 03 1155ABAN . GCD SHEET 2 OF 3 * DATE OF DESCRIPTION : 8 - 04 - 03 THIS SURVEY 15 NOT VALID V I THOUT THE SIGNATURE DAVID 1►II . JONES ORIGINAL RAISED SEAL OF THE FLORIDA LICENSED SURVEYOR 6 MAPPER NAMED BELOW . PROFESSIONAL SURVEYOR 6 MAPPER * SURVEYOR AND MAPPER IN RESPONSIBLE CHARGE DAVID M . JONES . FLORIDA LICENSE NUMBER LS 3909 3899 39TH SQUARE ( 772 ) 567 - 9875 VERO BEACH FL 32960 ( SIGNED ANDS SEALED N sy Na —I . . cz2 v OD < c mo - a ICURVE DELTA ANGLE RADIUS o ARC TANGENT CHORD CHORD A£ARING POINT OF 9EOINNINO m � v m � � �, m '" C I 00536150 540 . 00 ' INTERSECTION OF s R I ONT 8 . 36 ' 4 . 18 ' 8 . 36 ' N 64. 230270E OF MAY LINE W16ER STRE�T K o - c o 12 29 ' 2 3 ' 540 . 00 ' 1 17 . 71 ' 59 . 09 ' 1 17 . 48 ' 1uN!(�AyT i OF NAY LINE o aoz TI O C 2 z L. Q- zm v w C 3 00. 08 ' 03 ' 540 . 00 ' 1 . 26 ' S 71 . 04 ' 47 ' 1M _ 0 . 63 ' I . 26 ' T INCLUDED PARCEL N z z `D N N 64. 46 004 0 E 009 1451 . ►0 1736 rnom <n M ;* y A Ln rn m m a z � D SURVEYOR ' S NOTES : $ o r b iO "' -' n I ALL DIMENSIONS SHONN HEREON ARE I N FEET AND `i , Js• 3e A as < o z DECIMAL PARTS THEREOF . Z \ v – ?itm > 2 . THE EAST LINE OF SUBJECT PARCEL BEARS S 26003 ' 100E x\ 016 a z v a - n AND ALL OTHER BEARINGS ARE RELATIVE THERETO . ry oo p – m moos o 12 N ? y 0 c 0T — io Vi -+ oCA g (�t�� m (A me w � t� #p mcn 9� R c rco rr- --I8P S �PE�� I " - 60 CD am m n O� W ` !i! C O w a :PARCEL I r N6) rz n --f CA m * y \ � � EASEMENT PER m 4E ORB 836 . PG 1237 r, r'. "r N o50 Lp CD `�' 0% PARCEL 2 EASEMENT PE �4 p p 0 . 3233 ACRES �, ORB 1084 . PG 1663\ — m m CA - o e m - S 89 ' 40 ' 45 ' m 'o c = 10 . 0 ' POINT OF BEGINNING qxn N 89' 40 ' 45 ' IN 465 . 00 ' CA O m PARCELS I AND 2 w = o. _ -i d '^ 0) N LINE OF THE S 550 ' GOV ' T LOT 3 -nN w 'c n r^ T o CA POINT OF COMMENCEMENT SE CORNER 20 - 31 - 39 ._- . A►