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Home My WebLink About2014-044OiDIG. Td GGAL RETURN TO: Bruce Barkett Collins, Brown, Caldwell 756 Beachland Boulevard Vero Beach, FL 32963 EASEMENT • A TRUE COPY CERTIFICATION ON LAST PAGE J.R. SMITH, CLERK 9 -9-/8 2 of l. 4d1L/. 0 tit? • This Grant of Easement made and executed this 8th day of Apr i 1 , 2014, by INDIAN RIVER COUNTY, a political subdivision of the State of Florida, the address of which is 1801 27`h Street, Vero Beach, Florida 32960, hereinafter called ` GRANTOR," to CUMBERLAND FARMS, INC., a Delaware corporation, the address of which is 100 Crossing Blvd., Framingham, Massachusetts 01702, hereinafter called "GRANTEE.' "Whenever used herein, the terms GRANTOR and GRANTEE include the heirs, legal,representatives, successors, and assigns of GRANTOR and GRANTEE, respectively." WITNESSETH: GRANTOR, for and in consideration of the sum of ONE DOLLAR ($1.00) and other consideration, receipt of which his hereby acknowledged, does hereby grant, bargain, sell, alien, remise, release, convey and confirm unto GRANTEE a perpetual right-of-way of access, use, ingress and egress by, on, over and across the following described land, situate in Indian River County, Florida, to -wit: • SEE EXHIBIT A ATTACHED HERETO AND MADE A PART HEREOF (the `Additional Easement Land") And GRANTOR hereby covenants with said GRANTEE that it is lawfully seized of the Additional Easement Land in fee simple, and that it has good right and lawful authority to convey the easement established hereby. The Additional Easement Land is contiguous and adjacent to the easement land contained and. described within that certain Easement (the "Initial Easement") recorded May 18, 2012 in Official Records Book 2576 Page 557, and Official Records Book 512, Page 600, Public Records of Indian River County, Florida (the "Initial Easement Land"). ORLDOCS 13366593 1 A TRUE COPY CERTIFICATION ON LAST PAGE J.R. SMITH, CLERK The GRANTEE shall be entitled to utilize the Additional Easement Land in conjunction with the Initial Easement Land to install and maintain improvements for ingress/egress by all forms of pedestrian and vehicular traffic, together with related uses between the southern boundary of Lot 1 of the Rutz 27`'' Avenue SW Retail Center Plat, according to the plat thereof as recorded in Plat Book 2699, Page 98 and 99, Public Records of Indian River County, Florida, and the paved portions of the Oslo Road right-of-way. This Grant of Easement is for the benefit of the GRANTEE together with the party or parties benefitted by or under the Initial Easement and the Initial Easement Land. This Grant of Easement shall be a covenant running with the land. No barricades or other preventive measures that would in any way limit the use of the easement granted herein shall be allowed. IN WITNESS WHEREOF, the GRANTOR has herein set its hand and seal the day and year first above written. ATTEST: JEFFREY R. SMITH, CLERK OF COURT AND COMPTROLLER Approved as to form and legal sufficiency: 4/1 William K. DeBraal Deputy County Attorney ORLDOCS 13366593 1 INDIAN RIVER COUNTY, FLORIDA BOARD OF COUNTY A.. 2 l QP: •*••..• tis •• :6�'• • Peas at •Peter D. O'Bryan, Chairmtar�J• • 7 = �° iP; • J o• . 2 T .%<:::111.k..B..14. 24..ike t. BCC approval date: Apr i 1 8, 2014 1i • A TRUE COPY CERTIFICATION ON LAST PAGE J.R. SMITH, CLERK EXHIBIT A - ADDITIONAL EASEMENT LAND (Page I of 2) LEGAL -DESCRIPTION TO ACCOMPANY SKETCH LYING IN SECTION 23, TOWNSHIP 33 SOUTH, RANGE 39 EAST, LEGAL DESCRIPTION INDIAN RIVER COUNTY, FLORIDA A STRIP OF LAND LYING IN TRACT 13, SECTION 23, TOWNSHIP 33 SOUTH, RANGE 39 EAST, PLAT OF INDIAN RIVER FARMS COMPANY SUBDIVISION, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 2, PAGE 25 OF THE PUBLIC RECORDS OF SAINT LUCIE COUNTY, SAID LANDS NOW LYING IN INDIAN RIVER COUNTY, FLORIDA, BEING MORE SPECIFICALLY DESCRIBED AS FOLLOWS: COMMENCE AT THE SOUTHWEST CORNER OF SECTION 23, TOWNSHIP 33 SOUTH, RANGE 39 EAST; THENCE SOUTH 89°56'41" EAST, ALONG THE SOUTH LINE OF SAID SECTION 23, A DISTANCE OF 336.56' FEET TO AN INTERSECTION WITH THE SOUTHERLY PROLONGATION OF THE WEST LINE OF "BRADFORD PLACE", ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 21, PAGE 28 OF THE PUBLIC RECORDSOF INDIAN RIVER COUNTY; THENCE NORTH 00°19'53" EAST, ALONG SAID SOUTHERLY PROLONGATION, A DISTANCE OF 130.00' FEET TO AN INTERSECTION WITH THE SOUTHWEST CORNER OF SAID PLAT OF "BRADFORD PLACE" AND A LINE THAT IS 130.00 FEET NORTH OF AND PARALLEL WITH, AS MEASURED AT RIGHT ANGLES TO, THE SOUTH LINE OF SAID SECTION 23; THENCE NORTH 89°56'41" WEST, DEPARTING SAID SOUTHERLY PROLONGATION AND ALONG SAID PARALLEL LINE, A DISTANCE OF 30.00 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE NORTH 89°56'41" WEST, A DISTANCE OF 12.69 FEET TO THE BEGINNING OF A NON -TANGENT CURVE, CONCAVE TO THE NORTHWEST, HAVING A RADIUS OF 43.50 FEET AND WHOSE RADIUS POINT BEARS NORTH 68°31'28" WEST, THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 15°09'06" A DISTANCE OF 11.50 FEET; THENCE NORTH 00°19'53" EAST, A DISTANCE OF 42.29 FEET TO THE BEGINNING OF A NON -TANGENT CURVE, CONCAVE TO THE SOUTHWEST, HAVING A RADIUS OF 31.00 FEET AND WHOSE RADIUS POINT BEARS SOUTH 83°07'25" WEST, THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 34°00'32" A DISTANCE OF 18.40 FEET TO AN INTERSECTION WITH A LINE 200.00' FEET NORTH OF AND PARALLEL WITH, AS MEASURED AT RIGHT ANGLES TO, THE SOUTH LINE OF SAID SECTION 23; THENCE SOUTH 89°56'41" EAST, ALONG SAID PARALLEL LINE, A DISTANCE OF 17.44 FEET; THENCE SOUTH 00°19'53" WEST, DEPARTING SAID PARALLEL LINE, A DISTANCE OF 70.00 FEET TO AN INTERSECTION WITH A LINE 130.00 FEET NORTH OF AND PARALLEL WITH THE SOUTH LINE OF SAID SECTION 23 AND THE POINT OF BEGINNING. CONTAINING: 757 SQUARE FEET OR 0.01738 ACRES, MORE OR LESS. AKA. =ALSO KNOWN AS P.B = PLAT BOOK PG. = PAGE SURVEYOR'S NOTES 1. THE BEARINGS SHOWN HEREON ARE GRID BEARINGS, FLORIDA EAST ZONE, TRANSVERSE MERCATOR PROJECTION. 1983 / 90 ADJUSTMENT AND ARE BASED UPON A BEARING OF NORTH 00'19'53' EAST ALONG THE WEST LINE OF SAID PLAT OF 'BRADFORD PLACE" LEGEND 23-33-39 = SECTION 23, TOWNSHIP 33 SOUTH, RANGE 39 EAST S.L.C.P.R. = SAINT LUCIE COUNTY PUBLIC RECORDS 2. ALL RECORD DOCUMENTS ARE OF REFERENCE TO THE PUBLIC RECORDS OF INDIAN RIVER COUNTY UNLESS OTHERWISE NOTED. 3. NO INSTRUMENTS OF RECORD REFLECTING EASEMENTS. RIGHTS-OF-WAY AND/OR OWNERSHIP WERE FURNISHED TO THE SURVEYOR EXCEPT AS SHOWN HEREON. NO OPINION OF TITLE IS EXPRESSED OR IMPLIED. NOTE: SEE SHEET 2 FOR SKETCH OF DESCRIPTION. DESCRIPTION NOT VALID UNLESS ACCOMPANIED WITH SKETCH OF DESCRIPTION AS SHOWN 014 SHEET 2 OF 2 OF THIS DOCUMENT. THIS IS NOT A SURVEY CRS- CH ENGINEERS, INC O1 Vi l-1 ZA TI ON IN 011 P -J 1!!O 7881 S.W. ELLIPSE WAY. SMART FLORIDA 34997 (772) 283-1413 OFFICES ALSO N MELBOURNE. PORT ST. LUCIE AND TALLAHASSEE FL. 10.20 a PRtltSSCHJ& ow,cCRS, CunWCAn. a AUPD@IA1101 NWBLR 8111 IR0ttS901AL 51JIIHKR5 AND WR[R3. MINCED KRNCAR N0. LI -00007W ORLDOCS 13366593 1 SURVEYOR'S CERTIFICATION: I HEREBY CERTIFY, TO THE BEST OF MY KNOWLEDGE AND BELIEF, THAT THE SKETCH AND DESCRIPTION SHOWN HEREON WAS PREPARED IN ACCORDANCE WITH THE 'MINIMUM TECHNICAL STANDARDS' FOR SURVEYING AND MAPPING IN THE STATE OF FLORIDA AS SET FORTH BY THE FLORIDA BOARD OF PROFESSIONAL SURVEYORS AND MAPPERS IN CHAPTER 5J-17. FLORIDA ADMINISTRATIVE CODE, PURSUANT TO SECTION 472.027, FLORIDA STATUTES STEVEN N. BRIC PROFESSION • / URVEYOR AND MAPPER FLORIDA 1.1 SE No. LS • 8841 MARCH 19, 2014 DATE OF SIGNATURE CREECH ENGINEERS. INC. CORPORATION CERTIFICATE OF AUTHORIZATION No. LB 6705 NOT VALID WITHOUT THE SIGNATURE AND ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER. CUMBERLAND FARMS OSLO ROAD AND 27TH AVENUE SW INGRESS/EGRESS EASEMENT INDIAN RIVER COUNTY FLORIDA PROECT Na 12120.02 II S DATE: 3-19-14 OAR:DEC. 19, 2013 CADO FML 12120-02 SXT-DESC ESMI - RW 1SCAIX: N/A WET 1 OF 2 EXHIBIT A - ADDITIONAL EASEMENT LAND (Page 2 of 2) SKETCH OF DESCRIPTION LYING IN SECTION 23, TOWNSHIP 33 SOUTH, RANGE 39 EAST, INDIAN RIVER COUNTY, FLORIDA LOT 1 RUTZ 27th AVENUE SW RETAIL CENTER PB 26, PG. 98-99 S89°56'41 "E _17.44'_ 0 20 ( IN FEET) 1 inch = 20 ft. THIS MAP IS INTENDED TO BE DISPLAYED AT A SCALE OF 1" = 20' OR SMALLER 27 I \ 26 C-2 07'25_W coS 83 ° go' RADIAL w R9 p1 4 W7 C-1 q N89°56'41 "W 12.69' EXISTING RIGHT-OF-WAY PER RIGHT OF WAY MAP P.B. 22, PG. 24 �, J OSLO ROAD (COUNTY ROAD 606) A.K.A. 9TH STREET SW C-1 R=43.50' A=15°09 06" L=11.50' C-2 R=31.00' A=34000132" L=18.40' SW CORNER OF "BRADFORD PLACE' P.B. 21, PG. 28 N89°56'41 "W 30.00' POINT OF BEGINNING _Ir_ I _co -SOUTH LINE OF SECTION 23-33-39 S 89°56'41" E 336.56' POINT OF COMMENCEMENT SW CORNER OF SECTION 23-33-39 b 0 Lnul NOTE: SEE SHEET 1 OF 2 FOR DESCRIPTION, SURVEYOR'S NOTES AND CERTIFICATION. EFECH ENGINEERS, INC OI VI LI 3C/►TI OP1 1 F10101 7881 S.W. EWPSE WAY, STUART. FLORIDA 34997 (772) 283-1413 OFFICES ALSO 91 MELBOURNE, PORT ST. WQE ANO TALLAHASSEE FL IMMO OF PROFESSION/1 BIS CDII°1DA13 6 AUINDWZAD°I MISER SIX PN6n°UL SURKTDRS AND YAFP°ti HOMED CERImCAR N0. Le -mem ORLDOCS 13366593 1 SOUTH LINE OF BRADFORD PLACE° P.B. 21, PG. 28 EXISTING RIGHT-OF-WAY PER RIGHT OF WAY MAP P.B. 22, PG. 24 THIS IS NOT A SURVEY CUMBERLAND FARMS OSLO ROAD AND 27T11 AVENUE SW INGRESS/EGRESS EASEMENT INDIAN RIVER C UNTY FLORIDA �� 12120,02 REH51L DATE 3-19-14 DATE DEG 19. 2013 CAM FIE 12120-02 SKT-OESC MIT - RW SCAM 1°-2C j 9f.ET 2 Ci 2 ••'E OF FLORIDA IriCIAN RIVER COUNTY THIS 18 TO CERTITHAT 94 TRUE AND CO HE ORIGINA OFPLC F THI CT COP N 1 CLE D.C. o•I' 1... . : .o; -INF