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HomeMy WebLinkAbout2011-107 Instrument prepared by & should be returned to: Indian River County Attorney's Office `/ 2136525 1840 25t" Street, Vero Beach, FL 32960 (, THIS DOCUMENT HAS BEEN 1 / D 17 RECORDED IN THE PUBLIC RECORDS p� OF INDIAN RIVER COUNTY FL BK: 2495 PG431 , Pagel of 2 C a , 05/04/2011 at 09 : 30 AM . PARTIAL RELEASE OF EASEMENT .; EFFREY K BARTON , CLERK OF COURT THIS PARTIAL RELEASE OF EASEMENT , made this 3rd day, of May ; 2011 , by Indian River County , a political subdivision of the State of Florida (" County" ) whose mailing address is 1801 27th Street , Vero Beach , Florida 32960 and KENNETH D . HILL and PATRICIA HILL , his wife , ( " the Hills " ) whose address is 6290 37th Street , Vero Beach , FL 32966 . WHEREAS , the Hills intended to convey a fifteen foot wide Easement for sidewalk , drainage and utilities purposes to the County over a parcel of property , said Easement recorded in O . R . Book 1969 , Page 2061 , of the public records of Indian River County , Florida ; and WHEREAS , instead of conveying a 15 ' wide easement to the County , the document' s attachment purportedly conveyed an easement over the entire Hill parcel to the County ; and WHEREAS , the parties attempted to resolve the matter by recording a Correction Easement recorded O . R . Book 2194 , Page 694 in an attempted to correct the erroneous conveyance ; and WHEREAS , in order to clear title to the property , the County needs to release the easement over the entire parcel back to the Hills less and except the 15 ' strip needed for sidewalk , drainage and utilities . NOW , THEREFORE , THIS PARTIAL RELEASE OF EASEMENT Board of County Commissioners of Indian River County , does hereby release and abandon to KENNETH D . HILL and PATRICIA HILL , his wife , all right , title , and interest that it may have in the shown in the following real property : SEE EXHIBIT " A" ATTACHED HERETO AND MADE A PART HEREOF In accordance with Resolution No . 2011 - adopted by the Board of County Commissioners of Indian River County , recorded in O . R . Bookygat Pageq, of the public records of Indian River County , Florida . IN WITNESS WHEREOF the said party of the first part has caused these presents to be executed in its name by its Board of County Commissioners , acting by the Chairman of said Board , the day and year aforesaid . INDIAN RIVER COUNTY , FLORIDA 0000 C°° . ,OMM/ °0040 ° ts By its Board of County commissione • • . ,siG�� Attest : Ba on , C k ° ':PO % lALL a B ; y Bob Solari Chairman ° ° eputy Clerk • 0 Q ( Official Seal ) BCC approved : May 3 , 2011 X0,9°°•°; eja ,, . APPROVED AS TO FORM AMD L AL SU I I CY BY /"" WILLIAM K. DEBRAAL DEPUTY COUNTY ATTORNEY Instrument prepared by & should be returned to: Indian River County Attorney's Office `/ 2136525 1840 25t" Street, Vero Beach, FL 32960 (, THIS DOCUMENT HAS BEEN 1 / D 17 RECORDED IN THE PUBLIC RECORDS p� OF INDIAN RIVER COUNTY FL BK: 2495 PG431 , Pagel of 2 C a , 05/04/2011 at 09 : 30 AM . PARTIAL RELEASE OF EASEMENT .; EFFREY K BARTON , CLERK OF COURT THIS PARTIAL RELEASE OF EASEMENT , made this 3rd day, of May ; 2011 , by Indian River County , a political subdivision of the State of Florida (" County" ) whose mailing address is 1801 27th Street , Vero Beach , Florida 32960 and KENNETH D . HILL and PATRICIA HILL , his wife , ( " the Hills " ) whose address is 6290 37th Street , Vero Beach , FL 32966 . WHEREAS , the Hills intended to convey a fifteen foot wide Easement for sidewalk , drainage and utilities purposes to the County over a parcel of property , said Easement recorded in O . R . Book 1969 , Page 2061 , of the public records of Indian River County , Florida ; and WHEREAS , instead of conveying a 15 ' wide easement to the County , the document' s attachment purportedly conveyed an easement over the entire Hill parcel to the County ; and WHEREAS , the parties attempted to resolve the matter by recording a Correction Easement recorded O . R . Book 2194 , Page 694 in an attempted to correct the erroneous conveyance ; and WHEREAS , in order to clear title to the property , the County needs to release the easement over the entire parcel back to the Hills less and except the 15 ' strip needed for sidewalk , drainage and utilities . NOW , THEREFORE , THIS PARTIAL RELEASE OF EASEMENT Board of County Commissioners of Indian River County , does hereby release and abandon to KENNETH D . HILL and PATRICIA HILL , his wife , all right , title , and interest that it may have in the shown in the following real property : SEE EXHIBIT " A" ATTACHED HERETO AND MADE A PART HEREOF In accordance with Resolution No . 2011 - adopted by the Board of County Commissioners of Indian River County , recorded in O . R . Bookygat Pageq, of the public records of Indian River County , Florida . IN WITNESS WHEREOF the said party of the first part has caused these presents to be executed in its name by its Board of County Commissioners , acting by the Chairman of said Board , the day and year aforesaid . INDIAN RIVER COUNTY , FLORIDA 0000 C°° . ,OMM/ °0040 ° ts By its Board of County commissione • • . ,siG�� Attest : Ba on , C k ° ':PO % lALL a B ; y Bob Solari Chairman ° ° eputy Clerk • 0 Q ( Official Seal ) BCC approved : May 3 , 2011 X0,9°°•°; eja ,, . APPROVED AS TO FORM AMD L AL SU I I CY BY /"" WILLIAM K. DEBRAAL DEPUTY COUNTY ATTORNEY Easement EXHIBIT "A " THE SOUTH 1 /2 OF TRACT 23 TOGETHER WITH THE SOUTH 45 FEET OF THE NORTH 1 /2 OF TRACT 23 , LESS THE EAST 60 FEET OF THE SOUTH 708 . 14 FEET OF SAID TRACT 23 . TOGETHER WITH THE EAST 35 FEET OF THE SOUTH 758 . 14 FEET OF TRACT 22 , IN THE SOUTH HALF OF SECTION 29 , TOWNSHIP 32 SOUTH , RANGE 39 EAST AS RECORDED IN THE LAST GENERAL PLAT OF LANDS OF INDIAN RIVER FARMS COMPANY , AS RECORDED IN PLAT BOOK 2 , PAGE 25 OF THE PUBLIC RECORDS OF ST . LUCIE COUNTY , FLORIDA , NOW LYING AND BEING IN INDIAN RIVER COUNTY , FLORIDA . LESS AND EXCEPT THE SOUTH 15 FEET AS CONVEYED TO INDIAN RIVER COUNTY , A POLITICAL SUBDIVISION IN AN EASEMENT RECORDED IN O . R . BOOK 1969 , PAGE 2061 AND CORRECTION EASEMENT RECORDED IN O . R . BOOK 2194 , PAGE 694 , PUBLIC RECORDS OF INDIAN RIVER COUNTY , FLORIDA . ii Easement EXHIBIT " A" O 45 FEET OF THE SOUTH 11260 FEOF F TRACT 23 TOGETHER WITH THE SOTHE SOUTH THE NORTH 1 / 2 OF TRACT 237 LESS GETHER WITH THE EAST 35 FEETOF 708 . 14 FEET OF SAID TRACT 23 . IN THE SOUTH HALF OF SEC THE SOUTH 758 . 14 FEET OF TRACT 22 ,9 EAST AS RECORDED IN THE LAST 29 , TOWNSHIP 32 SOUTH , RANGE 3 GENERAL PLAT OF LANDS GAGE O25 OIAN FRTINIS COMPANY , AS HE PUBLIC RECORDS OFST . , LUCIE COUNTY )RECORDED IN PLAT BOOK 2 P , FLORIDA , NOW LYING AND BEING IN INDIAN RIVER COUNTY , FLORIDA . 0 INDIAN LESS AND EXCVERE PT THE SOUTH 15 FEET AS CONVEYEDRECORDED INTO R . COUNTY , A POLITICAL SUBDIVISION IN AN EASEMENTRECORDED IN NT BOOK 1969 , PAGE 2061 AND CORRECTN A INDIAN RU R COUNTY , O . R . BOOK 2194 , PAGE 694 , PUBLIC RECORDS FLORIDA . Easement EXHIBIT "A " THE SOUTH 1 /2 OF TRACT 23 TOGETHER WITH THE SOUTH 45 FEET OF THE NORTH 1 /2 OF TRACT 23 , LESS THE EAST 60 FEET OF THE SOUTH 708 . 14 FEET OF SAID TRACT 23 . TOGETHER WITH THE EAST 35 FEET OF THE SOUTH 758 . 14 FEET OF TRACT 22 , IN THE SOUTH HALF OF SECTION 29 , TOWNSHIP 32 SOUTH , RANGE 39 EAST AS RECORDED IN THE LAST GENERAL PLAT OF LANDS OF INDIAN RIVER FARMS COMPANY , AS RECORDED IN PLAT BOOK 2 , PAGE 25 OF THE PUBLIC RECORDS OF ST . LUCIE COUNTY , FLORIDA , NOW LYING AND BEING IN INDIAN RIVER COUNTY , FLORIDA . LESS AND EXCEPT THE SOUTH 15 FEET AS CONVEYED TO INDIAN RIVER COUNTY , A POLITICAL SUBDIVISION IN AN EASEMENT RECORDED IN O . R . BOOK 1969 , PAGE 2061 AND CORRECTION EASEMENT RECORDED IN O . R . BOOK 2194 , PAGE 694 , PUBLIC RECORDS OF INDIAN RIVER COUNTY , FLORIDA .