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Home My WebLink About2011-090C P L 2138347 Prepared By/Return To : THIS DOCUMENT HAS BEEN RECORDED IN THE PUBLIC RECORDS Christopher C . Campione, Esq . OF INDIAN RIVER COUNTY FL Campione , Campione & Leonard , P . A . BK: 2497 PG : 841 , Pagel of 4 31 Royal Palm Pointe 05./ 11 /2011 at 04 : 19 PM , D DOCTAX PD Vero Beach , Florida 32960 $0 70 File No . : 11 -227 . v CCC/Cls JEFFREY K BA. RTON , CLERK OF COURT .r � �� 1- 00 EASEMENT a 2�01090 13 . A • 3 . This Grant of Easement, made and executed this day of May, A . D . , 2011 , by HALE FAMILY 1999 LIMITED PARTNERSHIP , a Florida limited partnership , 8965 Palm Breeze Terrace , Vero Beach , FL 32960 , hereinafter call GRANTOR* , to INDIAN RIVER COUNTY, FLORIDA, a political subdivision of the State of Florida, whose address is 1801 27"' Street, Vero Beach , FL 32960 , 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 perpetual , non -exclusive easement for ACCESS AND DRAINAGE PURPOSES on , over, across , and beneath the following described land , together with the right of reasonable ingress and egress over and across the following described land as is necessary to the GRANTEE ' s use of the right granted herein , situate in Indian River County, Florida, to-wit : SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF And GRANTOR hereby covenants with said GRANTEE that it is lawfully seized of the premises in fee simple , and that it has good right and lawful authority to convey the easement established hereby . GRANTOR and its successors and assigns , shall have the option to design a joint stormwater retention pond that meets the stormwater needs of both the Grantor and the Grantee . Any such joint stormwater retention pond shall be designed to have no adverse impacts to the County ' s 66`x' Avenue Project drainage . The Grantee shall have the right to review and approve of the design of any joint stormwater retention pond . Any expansion of the County ' s stormwater retention pond on Parcel 409 shall be at the Grantor ' s sole expense . The Grantee and Grantor shall grant each other any easements needed to obtain positive outfall and water treatment . Grantor shall own the fill dug from any expansion of the Grantee ' s stormwater retention pond . GRANTOR and its successors and assigns , shall have the option to relocate any joint stormwater retention pond to another site or sites on the Parent Parcel so long as there are no adverse impacts on drainage from 66t" Avenue Project . Should Grantor relocate any pond , the parties shall execute an exchange of properties agreement pursuant to 125 . 37 Fla . Stat . (2008 ) . The Grantee shall have the right to review and approve of the design of any pond relocation . Any relocation of any joint stormwater retention pond shall be at the Grantor ' s sole expense . The Grantee and Grantor shall grant each other any easements needed to obtain positive outfall and water treatment in the new pond( s) . Grantor shall take over maintenance of any such relocated pond ( s) . Drainage from the 66`I' Avenue Project shall not be adversely affected . Easement Page Two To the extent allowed by law, Grantee agrees to indemnify and hold Grantor harmless from any liability which may arise from Grantee ' s use of the lands described herein . IN WITNESS WHEREOF , the GRANTOR has herein set its hand and seal the day and year first above written . Signed , sealed , and delivered HALE FAMILY 1999 LIMITED in the presence of: PARTNERSHIP By : M & S Hale , Inc . , General Partner Sign ��, v By : N I itness Mary D . HalePsident Printed name h isto a C . Carnpione Sign Witn ss Printed name : Christine Sten'� aCi: STATE OF FLORIDA COUNTY OF INDIAN RIVER The foregoing instrument was sworn to and subscribed before me this day of May 2011 , by Mary D . Hale, President of M & S Hale , Inc . , General Partner of Hale Family 1999 Limited Partnership , who is personally known to me or produced as identific n . Notary ublic pHYi p CHRiSTiNL CK , a. Commissio46i �xpims De , 2011 ::ieA 'hnl ?inV 0.385-7019 SKETCH TO ACCOMPANY DESCRIPTION . THIS IS NOT A SURVEY! LOCATION MAP : NOT TO SCALE 26 O ( 25 1 41 t . S . Giffor Rd . - . 30 y 29 3 dj 28 37th St . Barber ¢ ( Ave . q t\WN P It Cherry OWNER : 5 u P 33rd ct°c ( . Lane 33 HALE FAMILY 1999 LIMITED PARTNERSHIP c 36 i 31 CR505 32 Cn Ord Walker Ave . ,n - - � VER 60 L6. 44 M ALL5 4 LEGAL DESCRIPTION : PARCEL 409 THAT PORTION OF TRACT 16 , INDIAN RIVER FARMS CO . PLAT OF LANDS , ACCORDING TO THE PIAT THEREOF AS RECORDED IN PLAT BOOK 2 , PAGE 25 , OF THE PUBLIC RECORDS OF ST, LUCIE COUNTY, FLORIDA, ALL LYING IN SECTION 30 , TOWNSHIP 32 SOUTH , RANGE 39 EAST, INDIAN RIVER COUNTY, FLORIDA , BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS : . COMMENCE AT THE SOUTHEAST CORNER OF SECTION 30 , TOWNSHIP 32 SOUTH , RANGE 39 EAST; THENCE NORTH 89034' 33 " WEST, ALONG THE SOUTH LINE OF SAID SECTION 30 , A DISTANCE OF 579 . 39 ' FEET. THENCE NORTH 00' 05 ' 53 " EAST, A DISTANCE OF 80 . 00 FEET TO A POINT ON A LINE 80 . 00 FEET NORTH OF AND PARALLEL WITH THE SOUTH LINE OF SAID TRACT 16 AND THE POINT OF BEGINNING OF HEREIN DESCRIBED PARCEL OF LAND ; THENCE NORTH 89' 34 ' 33 " WEST, ALONG SAID PARALLEL LINE , A DISTANCE OF 370 . 01 FEET; THENCE NORTH 00' 05 ' 53 " EAST, A DISTANCE OF 308 . 80 FEET TO A POINT ON A LINE 388 . 80 FEET NORTH OF AND PARALLEL WITH THE SOUTH LINE OF SAID TRACT 16 ; THENCE SOUTH 89 ' 34 ' 33 " EAST, ALONG SAID PARALLEL LINE, A DISTANCE OF 370 . 01 FEET; THENCE SOUTH 00' 05 ' 53 " WEST, A DISTANCE OF 308 . 80 FEET TO THE POINT OF BEGINNING . CONTAINING 2 . 623 ACRES , MORE OR LESS SUBJECT TO EASEMENTS , RESTRICTIONS AND RIGHTS — OF— WAY OF RECORD , CERTIFICATION : THIS SKETCH AND DES RIPTION ARE NOT VALID WITHOUT THE SIGNATURE AND ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR D MAPPER . NOTE: THIS IS NOT A SKETCH OF SURVEY, BUT ONLY A GRAPHIC DEPICTION OF THE DESCRIPTION SHOWN HEREON . THERE HAS BEEN NO FIELD WORK , VIEWING OF THE WILE F . DIV SUBJECT PROPERTY, OR MONUMENTS SET IN CONNECTION PROFESSI LAND SURVEYOR AND MAPPER WITH THE PREPARATION OF THE INFORMATION SHOWN LICENSE N0 . 4190 , STATE OF FLORIDA HEREON . NOTE : LANDS SHOWN HEREON WERE NOT ABSTRACTED FOR RESTRICTIONS , RIGHTS - OF-WAY AND DATE: 8/31 / 10 EASEMENTS OF RECORD . PROJECT MANAGER DEPARTMENT MANAGER SCALE: CHECKED BY WFD WFD 1 ' = 80' WFD ARCADIS o SHEET TTTLE ATE: DRAWN BY 8/31 /10 JAF r, DRAINAGE POND PROJECT NUMBER DRAWING NUMBER ARC �►DISi U . S . ' INC . °0 PARCEL 409 2081 Vista Parkway Tel: (561 ) 697-7000 Fax: (561 ) 697-7751 WP001053 1053SD409 West Palm Beach, Florida 33411 www.arcadis-us .com SHEET 1 OF 2 nO SKETCH TO ACCOMPANY DESCRIPTION . THIS IS NOT A SURVEY! LEGEND . $. - BASELINE IRFC - INDIAN RIVER FARMS COMPANY O . R . B . - OFFICIAL RECORDS BOOK PID - PROPERTY IDENTIFICATION NUMBER P. O . C . - POINT OF COMMENCEMENT P . O . B . - POINT OF BEGINNING P . B . - PLAT BOOK PG . - PAGE STA: - STATION S . L. C . R . - ST. LUCIE COUNTY RECORDS STA: 496 + 59 . 13 STA: 500 + 21 . 66 OFFSET: 352 . 19 L OFFSET: 344 , 80 L S89034 ' 33 " E 370 . 01 ' - - - - 804 TRACT 16 P . B. 2, PG. 25, S.L.C. R. C:) w 000 0 409 00 00 00 U. CONTAINING 2 . 619 ± ACRES p II o r� A PORTION OF W Li TRACT 16 , IRFC Q 0 � CI P . B . 2 , PG , 25 U 00 Lo I " U0 6750 37th STREET V) � co w (n Q Q N o VERO BEACH , FL. , 32966 p N 0 PID - 32393000001015000004 . 0 • LJ w p O . R . B . 1308 , PG . 2622 0 W z P . O . B . M Z N STA: 500 + 23 . 41 U) ¢ STA: 496 + 54. 26 OFFSET : 36 . 00 L c z a OFFSET: 43 . 43 L OF SURVEY N89 ' 34 ' 33 "W 370 . 01 151 150 496 497 498 499 500 j 501 000 N00* "53 " E �$ _ _ 37th STREET (BARBER ROAD) I 80 . 00 ' 30 29 o OUTH LINE OF TRACT 16 i 579 . 39 ' --- SOUTH LINE OF SECTION 30 - 32 - 39 NW34 33 W 31 32 N89034 ' 33 "W ( BEARING BASE p ,p ,C, S . E. CORNER OF TRACT 16 PER DESCRIPTION S . E . CORNER OF SECTION 30 -32 - 39 PROJECT MANAGER DEPARTMENT MANAGER SCALE: CHECKED BY WFD WFD 1 " = 80' WFD Vf SHEET 1171E BY 8/31 / 10 JAF DRAWN MARCADIS ON DRAINAGE POND PROJECT NUMBER DRAWING NUMBER ARCADIS U . S . , INC , 'jo PARCEL 409 2081 Vista Parkway Tel: (561 ) 697.7000 Fax: (561 ) 697.7751 WPOO1O53 1053SD409 UWest Palm Beach, Florida 33411 www.arcadis-us.com I SHEET 2 OF 2