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 .