HomeMy WebLinkAbout2011-117 A TRUE COPY
Return to : CERTIFICATION ON LAST PAGE
Florida Department of Environmental Protection J . K . BARTON , CLERK
;/o Molly Edson
3900 Commonwealth Blvd . MS 300 f I
Tallahassee , Florida 32399
AD
SECOND REVISED CONSERVATION EASEMENT
This Second Revised Conservation Easement is made this day of 2011 , by
and between NORTH SHORE CLUB , LLC , 21 Royal Palm Pointe , Suite 100 , Vero Beach ,
Florida ( " Grantor" ) , INDIAN RIVER COUNTY (" COUNTY") , a political subdivision of the
State of Florida, and the FLORIDA DEPARTMENT OF ENVIRONMENTAL
PROTECTION (" DEPARTMENT" ) ( " Grantees " ) :
WITNESSETH
WHEREAS , Grantor is the sole fee simple owner of certain real property situated in
Indian River County , Florida, and more specifically described in Exhibit " A " , attached hereto
and incorporated herein (the " Property" ) ; and
WHEREAS , Grantor requested : ( 1 ) Preliminary PD Plan/Plat Approval (PD - 11 - 01 -
02 /2003010058 - 66029 ) from Indian River County ; and ( 2 ) a permit from the State of Florida
Department of Environmental Protection ( " FDEP " ) , FDEP Permit IR- 842 , to construct certain
improvements on the Property , some of which are seaward of the coastal construction control
line ,
WHEREAS , the establishment of a conservation easement is required by Indian River
County Code Section 929 . 05 with respect to native plant communities which occur on the
Property , and
WHEREAS , DEPARTMENT Permit No . IR- 842 (Permit) authorizes certain activities
which alter, excavate, and construct on property seaward of the established coastal construction
control line (CCCL) ; and
WHEREAS , pursuant to section 161 . 053 (4 ) , F . S . , the DEPARTMENT may require
mitigation as a condition of the permit to offset impacts to the beach- dune system ; and
WHEREAS , a conservation easement on the Property was established and recorded at
OR Book 1039 , Page 2590 , Public Records of Indian River County , Florida, on November 17 ,
1994 (the " Original Conservation Easement" ) ; and
WIEREAS , a revised conservation easement on the Property was established and
recorded at OR Book 2075 , Page 1556 , Public Records of Indian River County , Florida , on June
21 , 2006 (the " Revised Conservation Easement") ;
WHEREAS , the projects associated with the established Original Conservation Easement
and Revised Conservation Easement , as to Parcel B . were not and will not be built ; and
A TRUE COPY
CERTIFICATION ON LAST PACE
J . K . BARTON , CLERK
WHEREAS , the Grantor and Grantees agree it is of mutual benefit to replace , supersede
and relinquish the Original Conservation Easement and the RevisedConservation Easement with
this Second Revised Conservation Easement solely as to the Property ( Parcel B , see Exhibit
" A " ) , and in lieu of and in place thereof, enter into this Second Revised Conservation Easement
on the Property ; and
WHEREAS , Grantor, in consideration of the Preliminary PD Plan/Plat Approval and
FDEP Permit IR- 842 , granted separately by the Grantees , desires to grant and secure to the
Grantees , the Second Revised Conservation Easement , as defined in Section 704 . 06 , Florida
Statutes , over the Property .
NOW , THEREFORE , in consideration of the above and the mutual covenants , terms ,
conditions , and restrictions herein, the Preliminary PD Plan/Plat Approval and FDEP Permit IR-
842 granted separately by the Grantees , and together with other good and valuable consideration ,
the adequacy and receipt of which is hereby acknowledged , Grantor hereby grants , creates , and
establishes a perpetual conservation easement upon and across the Conservation Area of the
Property described in Exhibit " B " , attached hereto and incorporated herein, which shall run with
the land and be binding upon Grantor , and shall remain in frill force and effect forever .
Purpose and Intent . It is the purpose and intent of this Second Revised Conservation Easement to
ensure the Conservation Area is retained and maintained forever predominantly in the natural ,
vegetative,, hydrologic, scenic , and open condition existing at the time of execution hereof and to
retain such area as suitable habitat for plants or wildlife , consistent with Section 704 . 06 , Florida
Statutes .
1 . Prohibited Activities . Except for activities allowed by the Preliminary PD approval and
FDEP Permit IR- 842 , and the trimming of vegetation in compliance with applicable
standards and criteria, and for restoration , enhancement, and maintenance , the following
activities are prohibited in the Conservation Area :
a. Construction or placing of structures on , above , or below the ground including ,
but not limited to : buildings , roads , signs (other than those marking the
conservation easement) , billboards or other advertising , utilities , or other
structures , except 6 dune walkovers ;
b . Dumping or placing of soil or other substances or material as landfill , or dumping
or placing of trash , waste , or unsightly or offensive materials ;
c . Removal or destruction of trees , shrubs , or other vegetation, with the exception of
nuisance , invasive , exotic , or nonnative plant species ;
d . Planting or seeding of exotic or nuisance species or other plants that are outside
their natural range or zone of dispersal and have or are able to form self-
sustaining, expanding, and free - living populations in a natural community with
which they have not previously associated ;
e . Exploration for or extraction of oil or gas , and excavation, dredging, or removal
of loam , peat, gravel , soil , rock or other material substance in such manner as to
affect the surface ;
f. Surface use except for the purpose that permit the land or water area to remain
predominantly in its natural condition ;
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CERTIFICATION ON LAST PAGE
J . K . BARTON , CLERK
g . Activities detrimental to drainage , flood control , water conservation, erosion
control , soil conservation , or fish and wildlife habitat preservation , including , but
not limited to , ditching, diking , dredging, and fencing ;
h . Acts or uses detrimental to such aforementioned retention and maintenance of
land or water areas ; and
i . Acts or uses detrimental to the preservation of the structural integrity or physical
appearance of the property having historical , archaeological or cultural
significance .
j . The use of All - Terrain Vehicles , other than those used for land management
activities .
2 . Maintenance of Conservation Area . Grantor shall have the right to restore , enhance , and
maintain the Conservation Area as provided by County ordinance , and in The North
Shore Club Subdivision Declaration of Covenants , Conditions and Restrictions , and the
Conservation Management Plan , as Recorded in the Official Records of Indian River
County . The North. Shore Club Subdivision Declaration of Covenants , Conditions and
Restrictions , and the Conservation Management Plan are incorporated by this reference .
3 . Reserved Rights .
a . Grantor reserves unto itself, and its successors and assigns , all rights accruing
from its ownership of the Property , including the right to engage in or permit or
invite others to engage in all uses of the Property that are not expressly prohibited
herein and are not inconsistent with the purpose of this Second Revised
Conservation Easement .
b . Notwithstanding anything to the contrary herein , Grantor shall be entitled to
selectively remove plants and to perform such activities and plantings in the
Conservation Area as are reasonably necessary to enhance or improve native
species habitat as approved or required by local , state , or federal jurisdictional
agencies . Native vegetation shall not be removed from the Conservation Area
without prior written approval by Grantees .
c . Notwithstanding anything to the contrary herein , Grantor reserves the right to
petition Grantees for written authorization to traverse the Conservation Area with
underground utilities . Provided such utilities are installed with minimal
disturbance to the Conservation Area and further provided any such disturbance
shall be remedied by Grantor by replanting of native vegetation species equal in
density , type ( if practicable) , and ecological value , to that which existed prior to
placement of the utilities , Grantees ' authorization shall not be unreasonably
withheld .
4 . Rights of Grantees . To accomplish the purposes stated herein , Grantor conveys the
following rights to Grantees :
a . To enter upon and inspect the Property in a reasonable manner and at reasonable
times , including the right to use vehicles and all necessary equipment , to
determine if Grantor or its successors and assigns are complying with the
covenants and prohibitions contained in this Second Revised Conservation
Easement .
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J . K . BARTON , CLERK
b . To proceed at law or in equity to enforce the provisions of this Second Revised
Conservation Easement and the covenants set forth herein , to prevent the
occurrence of any of the prohibited activities set forth herein , and require the
restoration of areas or features of the Property that may be damaged by any
activity inconsistent with this Second Revised Conservation Easement .
5 . Public Access . No right of access by the general public to any portion of the Property is
conveyed by this Second Revised Conservation Easement .
6 . Grantees ' Discretion . Grantees may enforce the terms of this Second Revised
Conservation Easement at their discretion, but if Grantor breaches any term of this
Second Revised Conservation Easement and Grantees do not exercise their rights under
this Second Revised Conservation Easement , Grantees ' forbearance shall not be
construed to be a waiver by Grantees of such term , or of any subsequent breach of the
same , or any other term of this Second Revised Conservation Easement, or of any of the
Grantees ' rights under this Second Revised Conservation Easement . No delay or
omission by Grantees in the exercise of any right or remedy upon any breach by Grantor
shall impair such right or remedy or may be construed as a waiver . Grantees shall not be
obligated to Grantor , or to any other person or entity , to enforce the provisions of this
Second Revised Conservation Easement .
7 . Grantees ' Liability . Grantor shall be responsible for any and all liability, loss , damage ,
expense , judgment or claim ( including a claim for attorney fees) arising out of any
negligent or willful action or activity resulting from the Grantor ' s use and ownership of
or activities on the Property, the use by or activities of Grantor ' s agents , guests , lessees or
invitees on the Property , or the use by or activities of third parties on the Property , and
shall indemnify and hold the Grantees harmless from same . Neither Grantor nor any
person or entity claiming by or through Grantor shall hold the Grantees liable for any
damage or injury to person or personal property which may occur on the Property .
Furthermore , the Grantor , shall indemnify and hold harmless the Grantees from all
liability , any injury or damage to the person or property of third parties which may occur
on the Property .
8 . Hazardous Waste . Grantor covenants and represents that no hazardous substance or toxic
waste exists nor has been generated , treated , stored, used, disposed of, or deposited in or
on the Property , and that there are not now any underground storage tanks located on the
Property . Grantor further indemnifies the Grantees from any and all liability arising out
of any subsequent placement or discovery of hazardous or toxic material on the property .
[ n the event such material is discovered , Grantor shall be responsible for bringing the
Property into compliance with all environmental laws related to hazardous substances
and toxic wastes .
9 . Assignment of Rights . The DEPARTMENT and COUNTY agree to hold this Second
Revised Conservation Easement exclusively for conservation purposes and they will not
assign their rights and obligations under this Second Revised Conservation Easement
except to another organization qualified to hold such interests under applicable state laws .
Page 4 of 9
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CERTIFICATION ON LAST PAGE `
JX BARTON , CLERK
10 . Acts Beyond Grantor ' s Control . Nothing contained in the Second Revised Conservation
Easement shall be construed to entitle Grantees to bring any action against Grantor for
any injury to or change in the Property resulting from natural causes beyond Grantor ' s
control , including , without limitation , fire , flood , storm and earth movement , or from any
necessary action taken by Grantor under emergency conditions to prevent , abate or
mitigate significant injury to the Property or to persons resulting from such causes .
11 . Responsibilities of Parties . Grantor, its successors or assigns , shall take responsibility for
any costs or liabilities related to the operation , upkeep or maintenance of the Property . In
addition, Grantees , their successors or assigns , shall have no responsibility for any costs
or liabilities related to the operation , upkeep or maintenance of the Property .
12 . Taxes : Grantor shall pay before delinquency any and all taxes , assessments , fees , and
other charges of whatever description levied on or assessed by competent authority on the
Property , and shall furnish the Grantees with satisfactory evidence of payment upon
request .
13 . Recording in Land Records . Grantor shall record this Second Revised Conservation
Easement and any amendments hereto in a timely fashion in the Official Records of
Indian River County , Florida. Grantor shall pay all recording costs and taxes necessary to
record this Second Revised Conservation Easement in the Public Records .
14 . Successors . The covenants , terms , conditions and restrictions of this Second Revised
Conservation Easement shall be binding upon , and inure to the benefit of the parties
hereto and their respective personal representatives , heirs , successors and assigns and
shall continue as a servitude running in perpetuity with the Property .
15 . Subsequent Deeds . Grantor shall insert the terns and restrictions of this Second Revised
Conservation Easement in any subsequent deed or other legal instrument by which
Grantor divests itself of any interest in the Property . Grantor further agrees to give
written notice to Grantees of the transfer of any interest at least twenty days prior to the
date of such transfer . The failure of Grantor to perform any act required by this paragraph
shall not impair the validity of this Second Revised Conservation Easement or limit its
enforceability in any way .
16 . Notices . All notices , consents , approvals or other communications hereunder shall be in
writing and shall be deemed properly given if sent by United States certified mail , return
receipt requested , addressed to the appropriate party or successor- in - interest .
17 . Enforcement Costs . If the Grantees prevail in an enforcement action, it shall be entitled to
recover costs , including expert witness fees , as well as the reasonable cost of restoring the
land to the natural vegetative and hydrologic condition existing at the time of execution of
this Second Revised Conservation Easement or to the vegetative and hydrologic condition
required by the aforementioned Permit . These remedies are in addition to any other
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CERTIFICATION ON LAST PAGE
J . K . BARTON , CLERK
remedy , fine or penalty which may be applicable under Chapters 161 , 373 and 403 , Florida
Statutes , or at law or in equity .
18 . Alteration or Revocation . This Second Revised Conservation Easement may be amended ,
altered , released or revoked only by permit modification as necessary and written
agreement between the parties hereto or their heirs , assigns or successors - in- interest ,
which shall be filed in the Public Records in Indian River County .
19 . Severability . If any provision of this Second Revised Conservation Easement or the
application thereof to any person or circumstances is found to be invalid , the remainder
of the provisions of this Second Revised Conservation Easement shall not be affected
thereby , as long as its purpose is preserved .
20 . Controlling. The interpretation and performance of this Second Revised Conservation
Easement shall be governed by the laws of the State of Florida .
21 . Baseline Documentation Report . The specific conservation values of the property are
documented in the Baseline Documentation Report associated with this Second Revised
Conservation Easement . The Baseline Documentation Report , prepared by Bio - Tech
Consulting , Inc . , and dated March 31 , 2011 , consists of reports , maps , photographs , and
other documentation that the parties agree provide , collectively , an accurate representation
of the property at the time of this grant, and which is intended to serve as an objective
information baseline for monitoring compliance with the terms of this grant . The Baseline
Documentation Report is maintained in the offices of the Florida Department of
Environmental Protection and is incorporated by this reference . A copy of the Baseline
Documentation Report is available from the Department on request .
TO HAVE AND TO HOLD unto the DEPARTMENT and COUNTY forever . The
covenants , terms , conditions , restrictions and purpose imposed with this Second Revised
Conservation Easement shall be binding upon Grantor, and shall continue as a servitude running in
perpetuity with the Property .
Grantor hereby covenants with said DEPARTMENT and COUNTY that Grantor is
lawfully seized of said Property in fee simple ; that the Property is free and clear of all
encumbrances that are inconsistent with the terms of this Second Revised Conservation Easement
and all mortgages have been joined or subordinated ; that Grantor has good right and lawful
authority to convey this Second Revised Conservation Easement ; and that it hereby fully warrants
and defends the title to the Conservation Area hereby conveyed against the lawful claims of all
persons whomsoever .
IN WITNESS WHEREOF , the undersigned have approved and executed this Second
Revised Conservation Easement on this lU '�` day of klfct , 2011 .
Page 6 of 9
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CERTIFICATION ON LAST PAGE
J . K . BARTON , CLERK
WI " "ESSES : ,-i NORTH SHO,kE CLUB LLC .;
17
01OV:
ILI :�?; Xzt Kx/
By -
Original So
gnat� e �� Origina S gnatureof Executing Authority
e 1 1 � ,i1 IU�I ��—�.. �f r-1lu � �;. `(� �'J •" i : r �
Print/Type Name fess Typed/Printed Name)of Executing Authority
Original S-ignatLlre Title of L'xecuting Authority
Print/Type Name of Witness
STATE OF FLORIDA
COUNTY OF INDIAN RIVER
The foregoing instrument was acknowledged before me this ( day of `j ( (k
201lby �r'� _. Zca. i; L
of North Shore Club , LLC . He/she is personally 'jCnown to me or produced
as identification .
IL1op 1 : ;"k% LAUREN R. HAMILTON \NQfary Public
MY COMMISSION # EE 053495
EXPIRES : February 7 , 2015
�'1rFOFBonded Thru Budget Notary Ser0ces Print Name : �, 1r'(✓ fjt �"}t� y�,i , ''� ,:^�
My Commission expires : _
Page 7 of 9
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CERTIFICATION ON LAST PAGE
J . K . BARTON , CLERK
BOARD OF COUNTY COMMISSIONERS
INDIAN RIVER COUNTY , FLORIDA
BY : -21 <°
Bob Solari , Chairman
06 0
BCC Approved :
May 17 , 2011 Q '
';by, .• �o�p�
64yap"y COUN
Approved :
By ,
oseph Baird
ounty Administrator
Attest : Jeffrey K . Barton , Clerk of Court
B :
Deputy Clerk
Approved as OeBraa
SLfficiency
William K .
Deputy County Attorney
WITNESSES : FLORIDA DEPARTMENT OF
ENVIRONMENTAL PROTECTION
By :
Original Signature Original Signature of Executing Authority
Print/Type Name of Witness Typed/Printed Name of Executing Authority
Original Signature Title of Executing Authority
Page 8 of 9
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CERTIFICATION ON LAST PAGE
Print/Type Name of Witness JX BARTON , CLERK
STATE OF FLORIDA
COUNTY OF INDIAN RIVER
The foregoing instrument was acknowledged before me this day of
2011 , by
of on behalf of North Shore
Club , LLC . He/she is personalty known to me or produced
as identification .
Notary Public
Print Name :
My Commission expires :
APPROVED AS TO FORM AND LEGAL
SUFFICIENCY :
DEP Attorney
Page 9 of 9
\ IL
EXHIBIT 'A "
CD PARCEL A MERIDIAN
PLAT BOOW 14, PAGE 30 SECTION 2 TOWNSHIP 31 SOUTH 4
Q \ LAND SURVEYORS
d OF THE PUBLIC RECORDS RANG 39 EAST &. : ..,,.._ ' a
p— INDIAN RIDER COUNTY, fLORIDA ;;a_;o14 ) Q
CIO
S89 ' 59' 57"E 546. 22' s MEAN HIGH WATER LINE/ EROSION CONTROL
's= LINE ACCORDING TO THE PLAT THEREOF, AS
z w ��• RECORDED IN PLAT BOOK 24, PAGES
O - �D` 99- 1075 OF THE PUBLIC RECORDS OF INDIAN
Z U F
}. CD RIVER COUNTY, FLORIDA.
CID C .)
3 T
=3 .
Cr CC \ 01.
I� \ �F 9y Legend & Abbreviations:
U \ \ ego 536029'041 7.98' n PSM - PROBSIGWAL SJnfYOR & MAPPER
CORALSTONE CONDO \ �� La - LAND SURV£YNG &MVES5
(ONPLlT)W) \ \ PDC - POINT OF ICOINrt CaW
ORR 1102, PACCEE 1742 PL1B - PmT OF BEL�INMIG
F/X/A/ MO0)V R/kfR CLWDO, O.R.B. 824, P46F 607 \ \ \ PARCEL B O PDT - PONT OF W39W
FIX/A THE CLWALSTQVE LYUB FV - FOW
ORR 774, PAGE 1294 y 429, 179 SO IF F /RC - OW ROD 3 GIP
ALL AS RECORDED IN THE \ \ 'tee 9.85 AOPES 9y SEC - SECWN
DIE PUBLIC RECORDS OF INDIAN O� R/W - RW OF WAY
RR ER COUNTY, R"A
\ Plot of Survey for.
g9 NORTH SHORE CLUB, LLC.
\ \\ SEA OAKS DUNE
HOUSE POINTE CONDO
AINf'LA MV)
o O.R.B 1491 PAGE 1121
PUBVC RECORDS OF INDIAN
�` R/OfR COUNTY, FLORIDA
SEA OAKS VII
PUBLIC
79O PAGE 873
PUL?LBL/C RECORDS OF /ND/AN
\ RIWR COUNTY, FLORIDA
\ SEA OAKS IV
\ \ (UNPLATI
PORnOF� Type:
SECDOV 26-31S-39E SKETCH OF LEGAL DESCRIPTION
North BERMUDA CLUB \ NOT A BOUNDARY SURVEY
� E�GRAPHfC SCALE IETCS OF
INDIAN RIDfR COUNTY, fLOR/DA \ \ \ P . O . B . PROJ N0. 10- 049
200 0 100 200 BEING THE SOUTH DWN. BY." E. J. H.
\ CORNER OF PARCEL B
1�1 \ FLORIDA BEACH RESORT PLANNED CKD. BY." S. A. H.
DEVELOPMENT, AS SHOWN ON THE PLAT DATE. 12/ 7/10
THEREOF , RECORDED IN PLAT BOOK 14,
\ PAGE 30A, PUBLIC RECORDS OF INDIAN SCALE." 1 '=200 '
RIVER COUNTY, FLORIDA
C IN FEET ) \ \ FD PRM THE gGNATURE AND WE ORIGINAL RAISED SEAL Of'
ZSL/ SC//
\ PLS# 2805 THE FLORIDA REGISTERED SURVEYOIR AND MAPPER
= N 1244551 .4938 NAMED HEREON vital AND SEAL MAY
1 InGf I
E 852171 8026 BE FOUND AT THE END OF THE ATTACIIED REPORT
THE PLAT AND REPORT ARE NOT FULL AND
°" .
- RDRTM $ MORFi60n9 NOR n� [RpRE�Owg. �0-0a9-9DDNDnR VH�EGnL .MSI SrmAl � � J Ri 50 Phl ny Lm���ei �9W ery- 6 E J �� COMPLETE
WTHOUT ONE ANOTHER
Report of Survey: (Project J10 - 049) EXHIBIT ' A "
* TYPE OF SURVEY : SKETCH OF LEGAL DESCRIPTION
NOT A BOUNDARY SURVEY
A TRUE COPY
THIS SURVEY PERFORMED BY : CERTIFICATION ON LAST PAGE
,i , K . BARTON , CLERK
MERIDIAN LAND SURVEYORS
1717 INDIAN RIVER BLVD . SUITE 201
VERO BEACH , FLORIDA 32960 -0864
* PROFESSIONAL SURVEYOR & MAPPER IN RESPONSIBLE CHARGE :
* CHARLES H . BLANCHARD P . S . M . #5755
THIS SURVEY MEETS OR EXCEEDS ALL APPLICABLE REQUIREMENTS OF THE MINIMUM TECHNICAL
STANDARDS AS ESTABLISHED IN CHAPTER 5J - 17 OF THE FLORIDA ADMINISTRATIVE CODE .
THE BEARING BASE FOR THIS SURVEY IS A GRID BEARING OF N31 ° 07 ' 57 "W , ALONG
THE EAST RIGHT OF WAY LINE OF STATE ROAD A- 1 -A
NO TITLE OPINION OR GUARANTEE IS EXPRESSED OR IMPLIED .
LEGAL DESCRIPTION:
PARCEL B , FLORIDA BEACH RESORT PLANNED DEVELOPMENT , ACCORDING TO THE MAP OR PLAT
THEREOF , AS RECORDED IN PLAT BOOK 14 , PAGE 30 AND 30A , OF THE PUBLIC RECORDS OF INDIAN
RIVER COUNTY , FLORIDA .
ALSO KNOWN AS ,
FROM THE SOUTHEAST CORNER OF GOVERNMENT LOT 7 , SECTION 26 , TOWNSHIP 31 SOUTH , RANGE 39
EAST , INDIAN RIVER COUNTY , FLORIDA , RUN NORTH 00028145" WEST 84 . 56 FEET TO A POINT ON THE EAST
RIGHT OF WAY OF STATE ROAD A1A FOR THE POINT OF BEGINNING ; THENCE RUN NORTH 31007 '57 " WEST
ALONG SAID EAST RIGHT OF WAY OF STATE ROAD A1A A DISTANCE OF 1449 . 07 FEET TO A POINT OF
INTERSECTION WITH THE NORTH LINE OF THE AFORESAID GOVERNMENT LOT 7 ; THENCE RUN SOUTH
89059157 " EAST , ALONG THE SAID NORTH LINE OF GOVERNMENT LOT 7 A DISTANCE OF 546 . 22 FEET , TO
THE MEAN HIGH WATER LINE OF THE ATLANTIC OCEAN AS RECORDED IN PLAT BOOK 24 , PAGE 99 , PUBLIC
RECORDS OF INDIAN RIVER COUTY , FLORIDA ; THENCE CONTINUING ALONG SAID MEAN HIGH WATER LINE
RUN SOUTH 33022 ' 09 " EAST , 148 . 85 FEET ; THENCE RUN SOUTH 32 ° 02'33" EAST, 204 . 60 FEET ; THENCE RUN
j SOUTH 36029'04 " EAST , 7 . 98 FEET TO A POINT ON THE EAST LINE OF THE AFORESAID GOVERNMENT LOT 7 ;
THENCE RUN SOUTH 00028 '41 " EAST A DISTANCE OF 936 . 24 FEET TO THE POINT OF BEGINNING , BEING
ALL THAT PART OF SAID GOVERNMENT LOT 7 LYING EAST OF THE EAST RIGHT OF WAY OF STATE ROAD
AIA .
THIS SURVEY IS NOT VALID WITHOUT THE
SIGNATURE AND THE ORIGINAL RAISED SEAL OF
MERIDIAN THE FLORIDA LICENSED SURVEYOP AND MAPPER
J11ELAND SURVEYORS
1717 Indian River Blvd . , Suite 201Vero Beach , FL 32960 q\
Phone : 772-794 - 1213 1 ,
Fax : 772- 794 - 1096 _
Email : Ib6905@bellsouth . net CHARLES H. BLANCHARD P. S. M 115755
arrara.ar�.
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2 Of 2
LLI \ � \ EXHIBIT "B "
PARCEL A MERIDIAN o
F - \ PLAT BONY 14, PAC£ 30 SECTION 26 TOWNSHIP 31 SOUTH LAND SURVEYORS
111 V .. rLe. "M., .FL O ]OI
cn L THE Puevc REcarOs a� RANGE 39 EAST ....
...:.�
INDIAN RIWR CVU#7Y, fLQ%DACL
�w oma•• - -
_ (r 589 . 59'5TE 546.22'
Q15 20 CWALS7W A Z-SS FAS0 T _
- - - - '� • MEAN HIGH WATER UNE/ EROSION CONTROL
vim\ ��o LINE ACCORDING TO THE PLAT THEREOF, AS
® � \ WTIL_p j� RECORDED IN PLAT BOOK 24, PAGES Legend k Abbreviations:
C) Q �� E 99-107, OF THE PUBLIC RECORDS OF INDIAN
RIVER COUNTY, FLORIDA. PLS - PRQeE59gVAL LAND %R�EFDR
w u QL 15 i 7-
1� -1 PSN - PRQ�fS9pVAC SIA4tfYgR h 1lMPER
arm y LB - LAAD SLWW WG BUS ESS
\ \ \ mra �" 9�
POC - PpVT OF OldFhIEN/T
CC
0
Irf- LUQ C3 -� 1. < PDB - PONT CF BEGNINOG
1 t �� , 9 POT = POST CF 7L 3NW
L FV FOM
$ IRC O SEC - CAP
CORALSTONE CONDO \ \ \ , mr1 �� ,1 =P le 836 ' 29'04"E 7.98' � - WffOFWAY
(fA1y'YAT7L7 �° \ moi- 15 = 1 aRAA- OMM p = MIX
ORB. 1102 PAL 1741 � 0, � � ,o„ �� � �. North AS
F/X/A/ MOYW RIW? CaWg LRB 824, PAGE 607 c r� !< 0
F/x/A nW aV&S>DW aue �� PARCEL B
ORB 774 PAC,£ 2294 \ \ PUT BGgY 1f PAGE �oe -A _ Plat of Survey for.
ALL AS RELx1RDED BV NE \ 'S O� THE Ake &r S Or iAA�. 9
THE PU" RECOMS Or MID/AN \ o AN A1lEJP CGY/N , R[M'IDA = NORTH SHORE CLUB, LLC
hYKR COWTK ROWA ' \ 429175
�e
\ o 9 `c GRAPHIC 5CAL E
,
1 �W.
LINE TABLE \ \ � yr 200 0 100 200
f, - ,.
LINE LENGTH BEARING
L- 1 309.93 N31007'57"W y tore \r E.-
L 2 148.62 N58051 '47"E
L-3 364.17 N00028'41 "W
L-4 24.49 N32034153"W \ \� `� I� a ( IN FEET )
L-5 44.34 S31 "51 '59"W = 20V'07 t
L-6 38.79 N32034'53"W inch\ `� L077 m
L-7 44.34 N31 "51 '59"E \ \ \ r.
L-8 59.34 N32034953"W \ ` f $ SEA OAKS DUNE
L-9 41 .70 S41 "01 '08"W \
HOUSE POINTE CONDO
L-10 41 .70 N32034'53"Wf (GVVPLAM)
L-11 41 .70 N41 "01 '08"E \ \ ORB. 1494, PAGE 1121
PV&C RDOr hVDbW
L-12 55. 13 N32034'53"W \ \ AYW? C NJrY ROWA
L- 13 40.30 s50^28142"w \ SEA OAKS VII -
L-14 40.30 N32034153"W h-
L- 15 40.30 N50°28'42"E \ Iii (UNPLATIM)
1.
\ ) O.R.B. 7AS, PAGE B73 REVISED 4-28- 11 PER R. COUNTY
L- 16 53.95 N32034'53"W .� \ ,q �'" X&IC RECCOS 6F NVIAN SURVEYOR - CHB
L- 17 40. 04 S60007028"W
t ! 1' AYWR C"TY, RWVA
L- 18 40.04 N32034153"W G,Z r�, c "�'' SEA OAKS IV Type:
L- 19 40.04 N60007'25"E \ € , � ' (1WRAMD)
L-20 53.43 N32"34'53"W BERMUDA CLUB \ � � 3, �. POPIKW OF SKETCH OF LEGAL DESCRIPTION
PLAT 8" 16• PAC£ 3 \ SEC710N 26-318- LA
L-21 40.92 S69"36. 11 "W 1HE � s NOT A BOUNDARY SURVEY
L-22 40 . 92 N32034'53"W INDIAN AYWR COUNTY, RO?IDA \ �`
L-23 40 . 92 N69036'01 "E \ '
a�' , � PRO/. N0. 10-049
L-24 57. 17 N32034'53"W P . C) • B •
L-25 42 .99 S78054'57"W \ ' BEING THE SOUTH Dom• BY' E. J. H.
L-26 42 .99 N32"34'53"7 \ CORNER OF PARCEL B CKD. BY-' S A. H.
\ _ FLORIDA BEACH RESORT PLANNED `
L-27 42. 99 N78054'57"E _ DEVELOPMENT, AS SHOWN ON THE PLAT DATE.- 12PI10
L-28 61 . 68 N32034153"7 \ _ THEREOF , RECORDED IN PLAT BOOK 14, SCALE' 1 -200
L-29 133 .99 S89059'57"E \ PAGE 30A, PUBLIC RECORDS OF INDIAN
L-30 427 .87 S31 "26'48"E \ RIVER COUNTY, FLORIDA THE SIGNATURE AND 7WaWMAL RAISED SEAL
OF
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L-31 855 . 36 1 S00028'41 "E - - - - - - - \ PLS44551
N 1242805 938 NANED HERON *fiCH 9WA7URE AND SEAL MAY
E 852171 .8026 BE FOUND AT THE ENO OF' THE ATTA 010 REPORT
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Report of Survey (Projec t J10 - 04
TYPE OF SURVEY : SKETCH OF LEGAL DESCRY °°° . ��v ' + jOO • • . a1S/o�� EXHIBIT "B "
* s° , 0 n
NOT A BOUNDARY SURVEY
R oj3 N' ;'Jy6RCOUNTY
THIS SURVEY PERFORMED BY : 8 YN►� I� ar�vrrw� rN�slsnT "OFIR
"° COST
2J''•, ��o° 4f5PY �1R tM INp1IL HLE
MERIDIAN LAND SURVEYORS
1717 INDIAN RIVER BLVD . SUITE 201
VERO BEACH , FLORIDA 32960 -0864 �+
PROFESSIONAL SURVEYOR & MAPPER IN RESPONSIBLE CHARGE :
CHARLES H . BLANCHARD P . S . M . #5755
THIS SURVEY MEETS OR EXCEEDS ALL APPLICABLE REQUIREMENTS OF THE MINIMUM TECHNICAL
STANDARDS AS ESTABLISHED IN CHAPTER 5J - 17 OF THE FLORIDA ADMINISTRATIVE CODE .
* THE BEARING BASE FOR THIS SURVEY IS N31 ° 07 ' 57 "W , ALONG THE EAST RIGHT OF WAY
LINE OF STATE ROAD A- 1 -A , AS SHOWN ON THE PLAT OF FLORIDA BEACH RESORT
PLANNED DEVELOPMENT , RECORDED IN PLAT BOOK 14 , PAGE 30 , OF THE PUBLIC RECORDS
OF INDIAN RIVER COUNTY , FLORIDA
NO TITLE OPINION OR GUARANTEE IS EXPRESSED OR IMPLIED .
LEGAL DESCRIP TION:
A PORTION OF LAND LYING IN SECTION 26 , TOWNSHIP 31 SOUTH , RANGE 39 EAST , INDIAN RIVER COUNTY ,
FLORIDA . AND ALSO BEING A PORTION OF PARCEL " B " , FLORIDA BEACH RESORT PLANNED DEVELOPMENT ,
AS SHOWN ON THE PLAT THEREOF , RECORDED IN PLAT BOOK 14 , PAGE 30A , PUBLIC RECORDS OF INDIAN
RIVER COUNTY , FLORIDA , TO BE USED AS A CONSERVATION EASEMENT , BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS :
BEGINNING AT THE SOUTH CORNER OF SAID PARCEL " B " ; THENCE RUN N31 ° 07'57"W (BASIS OF BEARINGS )
ALONG THE EAST RIGHT OF WAY LINE OF STATE ROAD A- 1 -A , A DISTANCE OF 309 . 93 FEET ; THENCE LEAVING
SAID EAST RIGHT OF WAY LINE RUN N58051 ' 47" E , A DISTANCE OF 148 . 82 FEET ; THENCE N00 ° 28'41 "W , A
DISTANCE OF 364 . 17 FEET ; THENCE N32034 ' 53" W , A DISTANCE OF 24 . 49 FEET ; THENCE S31 ° 51 ' 59 "W , A
DISTANCE OF 44 . 34 FEET ; THENCE N32 ° 34 ' 53 "W , A DISTANCE OF 38 . 79 FEET ; THENCE N31 ° 51 ' 59" E , A DISTANCE
OF 44 . 34 FEET ; THENCE N32 ° 34 '53 " W , A DISTANCE OF 59 . 34 FEET ; THENCE S41 ° 01 ' 08 "W , A DISTANCE OF 41 . 70
FEET ; THENCE N32 ° 34 ' 53 "W , A DISTANCE OF 41 . 70 FEET ; THENCE N41 ° 01 '08 " E , A DISTANCE OF 41 . 70 FEET ;
THENCE N32034 ' 53 " W , A DISTANCE OF 55 . 13 FEET ; THENCE S50 ° 28'42"W , A DISTANCE OF 40 . 30 FEET ; THENCE
N32034 ' 53 " W , A DISTANCE OF 40 . 30 FEET ; THENCE N50 ° 28'42" E , A DISTANCE OF 40 . 30 FEET ; THENCE
1\132034 ' 53 " W , A DISTANCE OF 53 . 95 FEET ; THENCE S60007 '28"W , A DISTANCE OF 40 . 04 FEET ; THENCE
N32034 ' 53 "W , A DISTANCE OF 40 . 04 FEET ; THENCE N60007' 25 " E , A DISTANCE OF 40 . 04 FEET ; THENCE
N32034 ' 53 "W , A DISTANCE OF 53 . 43 FEET ; THENCE S69 ° 36 ' 1 VW , A DISTANCE OF 40 . 92 FEET ; THENCE
N32034 ' 53 " W , A DISTANCE OF 40 . 92' FEET ; THENCE N69 ° 36' 01 " E , A DISTANCE OF 40 . 92 FEET ; THENCE
N32034153 " W , A DISTANCE OF 57 . 17 FEET ; THENCE S78 ° 54 ' 57 "W , A DISTANCE OF 42 . 99 FEET ; THENCE
N32034153 " W , A DISTANCE OF 42 . 99 FEET ; THENCE N78 ° 54' 57" E , A DISTANCE OF 42 . 99 FEET ; THENCE
N32034 ' 53 " W , A DISTANCE OF 61 . 68 FEET TO A POINT ON THE SOUTH LINE OF AN EXISTING 20 FOOT
CORALSTONE ACCESS EASEMENT AS SHOWN ON THE AFORESAID PLAT OF FLORIDA BEACH RESORT
PLANNED DEVELOPMENT PARCEL " B " ; THENCE S89 ° 59 ' 57 " E ALONG SAID SOUTH LINE OF SAID 20 FOOT
ACCESS EASEMENT , A DISTANCE OF 133 . 99 FEET ; THENCE LEAVING AFORESAID EASEMENT LINE , RUN
S31 ° 26 ' 48 " E , A DISTANCE OF 427 . 87 FEET TO A POINT ON THE EASTERLY LINE OF AFORESAID PARCEL " B " AND
ALSO BEING A COMMON LINE WITH UNPLATTED SEA OAKS CONDOMINIUM ; THENCE S00028 '41 " E ALONG SAID
COMMON LINE , A DISTANCE OF 855 . 36 FEET TO THE POINT OF BEGINNING .
SAID PARCEL OF LAND CONTAINS 107 , 447 SQ . FT . (2 .47 ACRES ) MORE OR LESS .
THIS SURVEY IS NOT VALID WITHOUT THE
SIGNATURE AND THE ORIGINAL RAISED SEAL OF
R
THE FLORIDA LICENSED SURVEYOR AND MAPPER
E R I D I A N Nr;AQED FLOW.
LAND SURVEYORS
1717 Indian River Blvd . , Suite 201 �l\
Vero Beach , FL 32960
Phone : 772-794 - 1213 \ 111
Fax : 772- 794 - 1096
Email : lb6905@bellsouth . net CHARLES H. BLANCHARD P. S. M #5755
m®� swm
_ . ', 10 049 NORTH SHORE\ 10-049 NORTH SNORE\dwg\] 0-049-CONSERVATION EASE.dwg, 4/28/2011 10: 56: 17 AM, \\NEW-4UDMBIFIP99\hp Lasedet 1300 PCL 6, Letter, 1 :1 PAGE
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