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Home My WebLink About2010-152 a� 16, ) o A TRUE COPY A CERTIFICATION ON L�T PA� E � 1� J . K . BARTON , CLERK This Instrument Prepared by � R � � � �` �� L-'F L and return to : ?Z� ��16 Ste= oR � Ul A L. A Charles E . Garris , Esq . i Q� � — — ZOo �7 819 Beachland Boulevard Vero Beach FL 32963 Telephone : 772 - 231 - 1995 AMENDMENT TO DEED OF CONSERVATION EASEMENT This Amendment is made this 16 day of June , 2010 , to amend that certain Deed of Conservation Easement dated December 19 , 2007 , and recorded in Official Record Book 2229 ; Page 656 , Public Records of Indian River County, Florida . WHEREAS , PADGETT CREEK, LLC , a Florida limited liability company (hereinafter referred to as " Grantor") under that Deed of Conservation Easement referred to above , granted said easement to INDIAN RIVER COUNTY , a political subdivision of the State of Florida (hereinafter referred to as "Grantee") ; and WHEREAS , under Article V , Paragraph H . I . , the Grantor reserved the right to construct two new residences ; and WHEREAS , the Grantor desires to transfer title to ELSON R . SMITH , JR. that certain twenty (20) acre parcel described on the attached Exhibit "A" ; and WHEREAS , the Grantee has agreed to release two ( 2) acres of the applicable residential parcel from the Conservation Easement encumbrance in accordance with Article V , Paragraph H . 2 ; and WHEREAS , under the provisions of Article III, Paragraph GA . , the Grantor reserved the right to transfer title to certain parties , including ELSON R . SMITH , JR . ; NOW , THEREFORE , IT IS AGREED that PADGETT CREEK, LLC , a Florida limited liability company, shall be permittedto transfer the twenty (20 ) acre parcel described on the attached Exhibit "A " to ELSON R . SMITH , JR . IT IS FURTHER AGREED that the two (2) acre building parcel described on the attached Exhibit " B " is hereby released by the Grantee from the conservation easement encumbrance . A TRUE COPY I' CERTIFICATION ON LAST PAGE J . K . BARTON , CLERK IN WITNESS WHEREOF , Grantor and Grantee have set their hands on the day and year first above written . Signed, sealed and delivered in the presence of: INDIAN RIVER COUNTY , BOARD OF COUNTY COMMISSIONERS L By : AA Printed : VLL (i S Peter D . O ' Bry �.�' • ' 02 • F Chairman '• s q c o V q Printed : 000 Printed : C t � z 4b e ��n YUl . C,c,�s a n a 4gCoUUIu v ,, ATTEST : J . K. BARTON, CLERK APPROVED AS TO FORM AND LEGAL SUFFICIENCY : i y 22 BY B : .. �/ Deputy Clerk William K . DeBraal b � }y County Attorney STATE OF FLORIDA COUNTY OF INDIAN RIVER Sworn to and acknowledged before me this 16 day of June , 20103 by Peter D . O ' Bryan , as Chairman of the Board of County Commissioners , who [ is personally known to me or ] produced a driver ' s license as identification . My Commission Expires : October 30 , 2010 SEAL (,/�i` r ;� Otia t 'at /D . '_ � . r o % pia;. . . ,• e.v SRI COLLINS-LISTER NOTARY PUBLIC * MY COMMISSION # DD 609787 EXPIRES: October 30, 2010 �'q of -oe>°P Bonded Thru Budget Notary Services A TRUE COPY CERTIFICATION ON LAST PAGE J . K . BARTON , CLERK RAY SMITH PARCEL " 20 ACRE PARCEL : " A PORTION OF THE SOUTHWEST ONE-QUARTER ( 1 /4 ) OF SECTION 22 AND THE NORTHWEST ONE-QUARTER ( 1 /4 ) OF SECTION 27 , TOWNSHIP 32 SOUTH , RANGE 35 EAST , INDIAN RIVER COUNTY, FLORIDA , BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS .- COMMENCING OLLOWS :COMMENCING AT THE NORTHEAST CORNER OF THE NORTHWEST ONE-QUARTER ( 1 /4 ) OF SECTION 27 , TOWNSHIP 32 SOUTH , RANGE 35 EAST , SAID CORNER ALSO BEING THE SOUTHEAST CORNER OF THE SOUTHWEST ONE-QUARTER ( 1 /4 ) OF SECTION 22 , TOWNSHIP 32 SOUTH , RANGE 35 EAST , RUN NORTH 8955 ' 36 " WEST ALONG THE NORTH LINE OF SAID NORTHWEST ONE-QUARTER ( 1 /4 ) OF SECTION 27 , ALSO BEING THE SOUTH LINE OF SAID SOUTHWEST ONE-QUARTER ( 1 /4) OF SECTION 22 A DISTANCE OF 30 . 53 FEET TO THE POINT OF BEGINNING . FROM SAID POINT OF BEGINNING RUN SOUTH 00025 ' 17 " WEST A DISTANCE OF 521 . 43 FEET ; THENCE RUN SOUTH 9000' 00 " WEST A DISTANCE OF 1058 . 22 FEET TO THE INTERSECTION WITH THE EASTERLY LINE OF A 60 . 00 FEET WIDE ROAD EASEMENT AS DESCRIBED AND RECORDED IN OFFICIAL RECORD BOOK 1261 , PAGE 1597 , PUBLIC RECORDS OF INDIAN RIVER COUNTY , FLORIDA ; FROM SAID POINT OF INTERSECTION THENCE RUN NORTH 00052 ' 58 " WEST ALONG THE EASTERLY LINE OF SAID ROAD EASEMENT A DISTANCE OF 293 . 89 FEET ; THENCE RUN NORTH 01051 '22 " EAST CONTINUING ALONG SAID EASTERLY LINE OF THE AFOREMENTIONED ROAD EASEMENT A DISTANCE OF 529 . 34 FEET; THENCE DEPARTING SAID EASTERLY LINE OF THE ROAD EASEMENT RUN NORTH 89055' 36 " EAST A DISTANCE OF 1051 . 65 FEET; THENCE RUN SOUTH 0002617" WEST A DISTANCE OF 300 . 16 FEET TO THE INTERSECTION WITH THE AFOREMENTIONED NORTH LINE OF THE NORTHWEST ONE -QUARTER ( 1 /4 ) OF SECTION 27 , ALSO BEING THE SOUTH LINE OF THE SOUTHWEST ONE-QUARTER ( 1 /4 ) OF SECTION 22 AND THE POINT OF BEGINNING . SAID PARCEL CONTAINING 20 . 00 ACRES , MORE OR LESS . �.0 EKHIBIT "A ' " 2 ACRE BUILDABLE PARCEL : " A PORTION OF THE NORTHWEST ONE -QUARTER ( 1 /4 ) OF SECTION 27 , TOWNSHIP 32 SOUTH , RANGE 35 EAST , INDIAN RIVER COUNTY, FLORIDA , BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS .- COMMENCING OLLOWS :COMMENCING AT THE NORTHEAST CORNER OF THE NORTHWEST ONE -QUARTER ( 1 /4 ) OF SECTION 27 , TOWNSHIP 32 SOUTH , RANGE 35 EAST , SAID CORNER ALSO BEING THE SOUTHEAST CORNER OF THE SOUTHWEST ONE -QUARTER ( 1 /4 ) OF SECTION 22 , TOWNSHIP 32 SOUTH , RANGE 35 EAST , RUN NORTH 89055 ' 36 " WEST ALONG THE NORTH LINE OF SAID NORTHWEST ONE-QUARTER ( 1 /4 ) OF SECTION 27 , ALSO BEING THE SOUTH LINE OF SAID SOUTHWEST ONE-QUARTER ( 1 /4 ) OF SECTION 22 A DISTANCE OF 378 . 59 FEET ; THENCE RUN SOUTH 00004 ' 24 " WEST A DISTANCE OF 10 . 25 FEET TO THE POINT OF BEGINNING . FROM SAID POINT OF BEGINNING RUN SOUTH 25034' 59" EAST A DISTANCE OF 316 . 80 FEET ; THENCE RUN SOUTH 6402501 " WEST A DISTANCE OF 275 . 00 FEET ; THENCE RUN NORTH 25034 ' 59 " WEST A DISTANCE OF 316 . 80 FEET , THENCE RUN NORTH 6425 ' 01 " EAST A DISTANCE OF 275 . 00 FEET TO THE POINT OF BEGINNING . SAID PARCEL CONTAINING 2 . 00 ACRES , MORE OR LESS . ' ,°:p,�0a°O•�,••.•�• �e1 ( • e CpMISS )O .°9°° . . • • Ye • Y . r �Ob,p ° °e STATE OF FLORIDA ° INDIAN RIVER COUNTY OeV THIS IS TO CERTIFY THAT THIS IS '¢ 0 A TRUE AND CORRECT COPY OF e � . tea THE ORIGINALON FILE IN THIS • Boa OFFICE Eb�'8�•e ,` • ;Opp` EY K. BAR C E K • ;'�p° D . C .4JA/7 OA °°°,�gj(j • •n• .�.. ./.d•� °;•° °ppbp�, ✓ C� \iO aop°e bbbtl ab aYa DATv �. e l6 200 )) 6 E r----- EXHIBIT "B " __.