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Home My WebLink About2013-068 3120130021272 RECORDED IN THE RBLIC RECORDS OF JEFFRFY R SMITH: CLERK OF COURT INDLAN RI\ BR COLTTI" FL B1:: 2656 PG: 1831 Page 1 of 7 4 '5 '2013 9:00 AW Prepared By and Return to: W. LEE DOBBINS, ESQ. l a J Dean, Mead, Minton & Zwemer !! ` 1903 South 25" Street, Suite 200 g . Fort Pierce, FL 34947 (772) 4647700 Tax Parcel ID No . : 313 7-0000-0011 -5 520-000300 NON-EXCLUSIVE ROAD EASEMENT AGREEMENT THIS AGREEMENT, is made and entered into this 2nd day o f Apri 1 wwww, 20139 by and between FELLSMERE 512, LLC, a. Florida limited liability company, whose address is 1472 nd Avenue South, Suite 400, St. Petersburg, Florida 33701 , hereinafter referred to as "Grrantoe% and INDIAN RIVER COUNTY, a municipal corporation existing under the laws of the State of Florida, for the benefit of the public, whose address is 1801 27bStreet, Vero Beach, Florida 32960, hereinafter referred to as "Grantee". Whenever used herein the terms "Grantor" and "Grantee" include all parties to this instrument and their heirs; legal representatives, successors and assigns. WITNESSETH: WHEREAS, Grantor is the owner of that certain real property located in Indian River County, Florida, as more particularly described in Exhib t "A", attached hereto and incorporated herein by reference (the "Easement Area`); and WHEREAS, in connection with the development of a Dollar General store (tile "Project"), the Grantor has constructed an . access road within the .Easement Area for the benefit of the Project and the public; and WHEREAS, Grantee has requested, and Grantor has agreed to grant and convey to . Grantee, a perpetual, non-exclusive easement over, upon and across the Easement Area for the specific and limited purposes hereinafter set forth. W NOW, THEREFORE, in consideration of the mutual covenants, promises, terms and U conditions set forth herein, and for other good and valuable consideration, the receipt and LL sufficiency of which are hereby acknowledged, the parties hereto agree as follows, OZ M S'• pl . Ratification. The above recitals are true and correct and by this reference are Le 00`L U h 1: incorporated as if fully set forth herein: cc 2 0 O > � U. � aM azo iSNOWS m1 F0156729.2 OZ � U hereafter be owned, held, transferred, sold, conveyed, demised, devised, assigned, leased, mortgaged, occupied, used and enjoyed subject to the benefits and burdens, as the case may be, of this Agreement and the easement established and created hereby. c) Enforcement. Grantor and Grantee recognize that this Agreement creates a valid enforceable contract between the parties hereto and that either parry may enforce the provisions contained herein by seeking all available remedies through the judicial court system and/or through the appropriate administrative agency. & " d) Entire A eement. This Agreement contains the entire understanding and agreement between the parties relating to the subject matter hereof, and all prior or extrinsic agreements, understandings, representations and statements, oral or written, are merged herein and/or superseded hereby. There are no other agreements, written or oral, between the parties with respect to the subject matter hereof, except those contained in this Agreement. e) Amendment. This Agreement cannot be modified or amended except by a written instrument executed by the parties hereto and supported by valid consideration. f) Severability. If any provision or part of a provision of this Agreement shall be determined to be void or unenforceable by a court of competent jurisdiction, the remainder of this Agreement shall, to the extent possible to ensure that the Agreement satisfies the intent of the parties, remain valid and enforceable by either party hereto . g) Construction of Agreement. If any provision of this Agreement requires judicial interpretation, the parties agree that they have each collectively participated in the negotiation and drafting of this Agreement and that there shall be no judicial or other presumption against either party regarding the construction of this Agreement. h) Interpretation. Words used in this Agreement in the singular shall be held to include the plural and vice versa, and words of one gender shall be held to include other genders as the context requires. The terms hereof, herein, and herewith and words of similar import shall be construed to refer to this Agreement in its entirety and not to any particular provision unless otherwise stated. i) Attorney' s Fees. Should any litigation arise between, among or involving any of the parties concerning or arising out of this Agreement, including, but not limited to, actions for damages, specific performance, declaratory, injunctive or other relief, and whether at law or in equity, and including appellate and bankruptcy proceedings as well as at the trial level, the prevailing party in any such litigation or proceeding shall be entitled to recover reasonable attorneys ' fees and costs. j) Applicable Law. This Agreement shall be construed under and in accordance with the laws of the State of Florida. Venue for any lawsuit filed in state court relating to this Agreement shall be in Indian River County, Florida. Venue for any lawsuit filed in federal court shall be in the Federal District court for the Southern District of Florida. 3 F0156729.2 k) Counterparts. This Agreement may be executed in a number of identical counterparts. If so executed, each of such counterparts is to be deemed an original formall purposes and all such counterparts shall, collectively, constitute one agreement, but, in making proof of this Agreement, it shall not be necessary to produce or account for more of such counterparts than are required to show that each party hereto executed at least one such counterpart. INWITNESS WHEREOF, the Grantor and Grantee havehereunto set Grantor' s and Grantee' s hand and seal the day and year above written, Signed, sealed and delivered GRANTOR, in the presence of FELLSMERE 512, LLC, a Florida limited liability company WrINESSES: �,.. G By: l t Name. Tnwk4z c . Rv..►e Williao C. Lloyd, Managing Member Print Name: STATE OF FLORIDA COUNTY OF The foregoing instrument was acknowledged before me this 7�, .' day of Y% Avz c c , 2013 , by William C. Lloyd, as Managing Member of FELLSMERE 512, LLC, a Florida limited liability company, who is personate known to me or who has produced as identification. Public, State of Florida SARA K WARD Print Name: :;',x}w 4 k . Gc !d J :Commission # EE 204682 My Commission Expires: 76 c.H / 3 �2o 14 Expires Jury 13, 2016 My Commission No. : & E j6TA s „ eo�eanw7royFmn�mr�.eoo�es-tots 4 F0156729.2 IN WITNESS WHEREOF, the undersigned has signed and sealed this instrument on _ A Iri 1 2. nc1 , 2013 . Attest: JeffreyR. S INDIAN RIVER COUNTY FLORIDA BOARD OF COUNTY 6 3MMISSIONERS ByggtlPpppb Zno5nt Putt Name: Joseph E. Flesher, Chairman (Affix County Seal) ' 2; Print Address: 1801 27"' Street, Vero Beach, FL 32960 soon " o BCC Approval date: Apr i 1 2 , 2013 ° to . !, s • a * .ti Je�;o Approved s to forma d I suffix cy: •. �VAIV RIVE o .• `44 anaaM•°� By William K. DeBraal, Deputy County Attorney I 2: Easements. Grantor hereby grants, bargains and conveys to Grantee, its successors and assigns, a perpetual, non-exclusive easement across, over, and upon the Easement Area, (a) for use by the general public for the purpose of ingress and egress for pedestrian and vehicular traffic to and from properties adjoining CR 512 (Fellsmere Road) in order to facilitate traffic . flow to and from such properties and to reduce traffic movement on CR 512, and (b) for use by Grantee, its successors and assigns, for the installation, operation and maintenance of public utilities. Grantee shall have the right at its sole discretion, but not the obligation to construct, reconstruct, improve, maintain and repair any road or utility improvements within the Easement Area, 3 . Grantor' s Use. Grantor hereby reserves for itself the right to use the Easement Area for any purpose not prohibited herein and not inconsistent with any ordinance of Grantee, provided however, Grantor' s use may not (i) violate any provision of this Agreement, (ii) obstruct persons attempting to construct, install, operate, maintain, repair, replace or inspect public improvements within the Easement Area, (iii) obstruct passage or the use of the Easement Area by the public or (iv) unreasonably interfere with any of Grantee' s easements, rights or interests under this Agreement. 4. Murphy Reservation. Grantor hereby acknowledges and agrees that, pursuant to that deed recorded in Official Records Book 32, Page 417 of the Public Records of Indian River County, Florida, an easement for state road right-of--way was reserved unto the State of Florida over the Easement Area, and that the Easement Area is encumbered by and subject to such easement reservation (the "Murphy Deed Easement'). Grantor, on behalf of itself, its successors, assigns and successors in title to the Easement Area, hereby waives any objection to the existence of the Murphy Deed Easement within the Easement Area and by execution hereof, acknowledges and ratifies the existence thereof within the Easement Area, 5 . F Convevance of Right-of-May. . Grantor hereby acknowledges that Grantee may expand CR 512 in the future, by adding additional travel lanes. In the event that Grantee decides to expand CR 512 and Grantee requires right-of--way over the Easement Area for such expansion, then upon written demand by Grantee, Grantor will deliver a deed to Grantee, at .no cost to Grantee, conveying to Grantee right-of--way over the Easement Area in fee-simple title. 6. Ownershiv . Grantor hereby covenants with Grantee that the Grantor is lawfully seized of the Easement Area in fee simple, and that the Grantor has good right and lawful authority to convey the easements established hereby. 7. Miscellaneous. a) Successors and Assigns . The covenants herein contained shall bind, and the benefits and advantages hereof shall inure to, the respective successors and assigns of the parties hereto, and the successors in title to the Easement Area. b) Covenants Running With The Land. This Agreement and the easement established and created hereby, are hereby declared to be, and shall hereafter continue as, covenants running with the title to the Easement Area. Accordingly, the Easement Area shall 2 ' F0156729.2 Exhibit "A" PARCWL 510�l7NMBS7 GQNMER AFiAOi1t &q== SOC ►iZR PAfi **9T��8 AR PANCLt p MESE LANE. Cr PAWa 14 Jil ' ,a ,3 F4 IF tFr It df IIIIIIIIIIII11k 10 f � idQ 01 " , iO +Oi OFMAL . RECORDS ' �'y � � M BOOK 2599, PAGE 0549 r ►• ." OF l *44 2 .OFRC7At RECORDS ' � k6 L BOOK 2399. PAGE 0352 r . of (70' RIGHT OF WAY) I ZIP, � r f 5ao^ EASY CAVE C1F LAIIPAR G ESfJP1BED AV 12 --- --�•t�raT�a n S +fr�Tf qty+ VM" R6LYiM BALK l"a PAW ,712 POW vF �rvJt�i�falfv POW OF cccaMlCZkfiW EAST IP/pIr a=NGIY V 7W OFMAL RECaW BOW ?MZ PAGE Oa MW N awrmm DlMt AAV VC AMEN WGff7-Q� WAY Or. C000 N RAW M2 SKETCH OF DESCRIPTION ONLY, THIS IS NOT A SURVEY1 AAL LAND SURW I ING SERVICES INC. wr ram Wil ROME wm 089=0 m 56110 IN WAN= ,Wt .M® CA Atm. "FUM AM a „+s M Imo' M e W6 "M W BEA M" i aao�s..sa►cc-.<nr 3970 IMIgR lit ROAD P: L 5 3-^—POWSWW WEST MELBOURNE FL 329" SCAM r 40' ?WM V x %UWO WOW s7 FAST (3215 768- 8110 FF L6l '/F6lSZ3 emam Page 1 of 2 _. _ _ DESCRIPTION.• 50 FWT N0N-E=USIW ROAD. EASEWENT PART OF VACIS 1332 AND 1641 OF UA SURICYO TOWVSNIP 31 , SJUTH, . RANGE 37 EASE OF .1W fFUSMERE FARMS COMPANY SU9DIWTSM, ACCORDING TO TNE :PLA T THEREOI. AS RECORDED W: .PL4T BOOK 2. PAGES 1 AND 2 OF WE PUBLIC M00RDS OF StLWE C"TI; FLOR/DA, .. 3A10 :LAWS NOW LYING AND BEING. #VMIAN RIVER COLMITK FLORIDA, MORE •PARAOULARLY OE�Ya GIBED AS FML CONIME7VCNG . AT ME . INnNM 71a v ar THE SOUTi raY PROxCTIOIV AK" THE EAST Rim r-- WAY. OF TIME FFLLSA0M FARMS NAR7H WVEImm DIrm.. A 6a00 FOOT Awav r� WAY, AND THE NQRTH ;Rim r7 4 F- WAY OF COUNTY ROAD 51Z A 1davo FOOT RIMT:OF WAY Ar . ims LOCATim AS PREm?LY OCaUPfm 7 ova EASY . ALONG SAID NaRTN RIGVHT. OF- WAY 1414193 FEET 1't9 PC EAST L NE OF A' .CERTAW PARCEL OF LAND DESO M W W OMCAL RECORDS BOOK 1337 PACE 34,2 W THE PUBLIC RECO W OF ^ VAN RIVER C"TY AND THE POINT OF BEGINNWC OF . FY W*1NtQ ,DESMBED EASEWEWT. THENCE CONTINUE EAST ALONG SAID MWIN RIGHT:OF- WAY FOR A DISUACE OF. 250.D0 FEET TO THE SOU7HN£ST CORNER OF LANDS DESCRIBED IN OFFICIAL RECORDS BOW 1428 PAGE .974 INUAN RIVER COUNTY, FLORIDA, A$ PARM l4; 7HENCE Nam aD�7S' iw NEST ALONG T7dE' NEST LAE OF SAID PARCEL k#4 . FOIR A DISTANCE OF MOD FEET.,• THE1NCiE NEST . FOR A DISTANCE OF 25aW FEET To JHE EASF Low QF LANDS DESGIRw W OfF1'= RECORDS 8" 1857 PAGE J42 W THE PMJC RECORDS OF INDIAN RIW COMFY ftCRIDA; THENCE' SOUTH oovi'O4' EAST ALONG SM EASTERLY LINE FW A DISTANCE Or 50.00 FEET TO THE NOR.TR RIGHT OF WAY LINE OF COUNTY ROUTE .= AND THE POINT OF BEGYNNINO. CONTAINING .a29 ACRES MORE OR LESS.. Tax Parcel ID No . : 3137-0000-0011 - 5520-0003 . 0 i SKETCH OF DESCRIPTION ONLY! THIS IS NOT A SURVEY! AAL LAND SURVEYING SEl? WCES, //VCO TM *am No DRAVA" NAW Km PRIPARED I* MIR CAL 3907m" SKEET 2 Or; 2 pgARpM An SAM ON AUUMth bAho Mo ON IM LM $00 AS MUW'TM BASM OF WAIGNM # 28048yO/`CC0 0 3970 MINTON. ROAD oatem-2e-1a PA1EM�EYU MI. Pa1MSt10K WEST MElBDURIV ft.. 32904 . 1" • w mw,mie� �, scrum wwaa st ensr (32 i1) 768-8170 L.,9, iF6!#.49 Page 2 of 2