HomeMy WebLinkAbout2012-090 COUNTY ATTORNEY' S OFFICE 5 . � .
INDIAN RIVERCOUNTY 2211704 Qidn
1801 27th Street "� I-IE G0PY THIS DOCUMENT HAS BEEN
Vero Beach . Florida 32910 ' i 'o fmON ON LAST PAGE RECORDED IN THE PUBLIC RECORDS
rx,1 11 GL FRK OF INDIAN RIVER COUNTY FL
BK : 2576 PG : 557 , Pagel of 4
0511812012 at 09 : 21 AM , D DOCTAX PD
$0 . 70
Andrew G . Diaz, Esq . JEFFREY K BARTON , CLERK OF
Gaylord Merlin Ludovici and Diaz COURT
5001 W . Cypress Street
Tampa , FL 33607 � UTZ,
O R I GlntAl. i o
EASEMENT
This Grant of Easement , made and executed this 8th day of May , 20125
by INDIAN RIVER COUNTY , a political subdivision of the State of Florida ,
the address of which is 1801 27th Street , Vero Beach , FL 32960 , hereinafter
called GRANTOR* , to MARY ALGENE RUTZ , TRUSTEE OF THE MARY
ALGENE RUTZ TRUST U/A dtd . 3131 /00 , whose address is 11747 Edgewood
Road , Harrison , Ohio 45030 , hereinafter called the GRANTEE * ,
*Whenever used herein the terms GRANTOR and GRANTEE include the heirs , legal representatives,
successors , and assigns of GRANTOR and GRANTEE , respectively .
WITNESSETH :
This easement is conveyed pursuant to a settlement agreement of an eminent
domain case between GRANTOR and GRANTEE ( Case No . 2009- 0762 - CA05 ) .
Prior to the eminent domain action , GRANTEE or GRANTEE ' S predecessor( s ) in
interest held a non -exclusive right of way of ingress and egress . This easement
restores GRANTEE ' S non -exclusive right of way of ingress and egress to and
from Oslo Road .
It is understood by GRANTOR and GRANTEE that no compensation will be
owed to GRANTEE by GRANTOR should GRANTOR in any way restrict vehicles
entering or exiting the easement area from turning left off of or turning left onto
Oslo Road .
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 GRANTEE a non -
exclusive right of way of ingress and egress over and across the following
described land , 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 said servient land in fee simple , and that it has good right and lawful authority
to convey the easement established hereby .
GRANTOR retains all rights to regulate GRANTEE ' s access that GRANTOR had
prior to the filing of the eminent domain action referenced above . This easement
A TRUE CupY
CERTIFICATION () N - ASI 'AGE:
J . K . BARTON , CLERK
does not create or eliminate any rights in GRANTEE other than the rights held by
GRANTEE or GRANTEE ' s predecessor(s) in interest prior to the eminent domain
action referenced above .
IN WITNESS WHEREOF , the GRANTOR has herein set its hand and seal the
day year first above written .
Attest : J . K . B on , Clerk INDIAN RIVER COUNTY , FLORIDA
BOARD OF COUNTY COMMISSTIONERS dtl;
B ;�o • '
eputy Cler By Cc.J� � '- •
Garyk. Wheeler, Chairman
ice'• .��' _
Approved as to form and legal BCC approval date : May 8 , 2012 '•,'�'•• , t : : ;;: ;
Sufficiency '•.• ? � '
William K . DeBraal
Deputy County Attorney
A TRUE COPY
CERTIFICATION ON LAS ! PAGE
J . K , BARTON , CLERK
EXHIBIT "A "
THE EAST 30 FEET OF THE FOLLOWING DESCRIBED LAND :
ALL THAT CERTAIN PIECE , PARCEL OR TRACT OF LAND SITUATE , LYING
AND BEING IN A PORTION OF TRACT 13 , SECTION 23 , TOWNSHIP 33
SOUTH , RANGE 39 EAST , AS THE SAME IS DESIGNATED ON THE LAST
GENERAL PLAT OF LANDS OF THE INDIAN RIVER FARMS COMPANY ,
FILED IN THE OFFICE OF THE CLERK OF THE CIRCUIT COURT OF ST .
LUCIE COUNTY , FLORIDA , IN PLAT BOOK 2 , PAGE 25 , SAID LANDS NOW
LYING AND BEING IN INDIAN RIVER COUNTY , FLORIDA , SAID LANDS ALSO
BEING A PORTION OF THE LANDS DESCRIBED IN OFFICIAL RECORDS
BOOK 512 , PAGE 600 AND OFFICIAL RECORDS BOOK 695 , PAGE 564 OF
THE PUBLIC RECORDS OF SAID INDIAN RIVER , COUNTY , SAID LANDS
BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS , TO WIT :
COMMENCING FOR REFERENCE AT THE SOUTHWEST CORNER OF SAID
SECTION 23 ;
THENCE , BEARING NORTH 00021126" EAST , ALONG THE WEST LINE OF
SAID SECTION 23 , A DISTANCE OF 200 . 00 FEET TO A POINT;
THENCE , LEAVING SAID WEST LINE , BEARING SOUTH 89056115" EAST , A
DISTANCE OF 44 . 45 FEET TO A POINT AND THE PLACE OF BEGINNING OF
THE HEREIN DESCRIBED PARCEL , SAID POINT LYING AND BEING ON THE
SOUTH LINE OF THOSE LANDS AS DESCRIBED IN OFFICIAL RECORD
BOOK 1166 , PAGE 1257 , OF THE PUBLIC RECORDS OF INDIAN RIVER
COUNTY , FLORIDA ;
THENCE , CONTINUE SOUTH 89056115" EAST ALONG THE SOUTH LINE OF
SAID LANDS AS DESCRIBED IN OFFICIAL RECORD BOOK 1166 , PAGE 1257 ,
A DISTANCE OF 292 . 01 FEET TO A POINT ON THE WEST LINE OF
BRADFORD PLACE , AS RECORDED IN PLAT BOOK 21 , PAGE 28 OF THE
PUBLIC RECORDS OF SAID INDIAN RIVER COUNTY, FLORIDA ;
THENCE , BEARING SOUTH 00020119" WEST , ALONG SAID WEST LINE OF
BRADFORD PLACE , A DISTANCE OF 70 . 00 FEET TO A POINT , SAID POINT
BEING ON A LINE LYING 130 . 00 FEET NORTH OF , AND PARALLEL WITH ,
AS MEASURED AT RIGHT ANGLES TO , THE SOUTH LINE OF SAID
SECTION 23 ;
THENCE , LEAVING SAID WEST LINE AND ALONG SAID PARALLEL LINE ,
NORTH 89056' 15" WEST , A DISTANCE OF 256 .48 FEET TO A POINT ;
THENCE , BEARING NORTH 44047 ' 25" WEST, A DISTANCE OF 42 . 32 FEET
TO A POINT ;
THENCE , BEARING NORTH 00021 '26" EAST , A DISTANCE OF 12 . 24 FEET TO
A POINT ;
THENCE , BEARING NORTH 10057 ' 10" WEST , A DISTANCE OF 28 . 28 FEET
TO THE POINT OF BEGINNING .
STATE OF FLORIDA�
INDIAN RIVER COUNTY
THIS IS TO CERTIFY THAT THIS IS
ATRUEANDCOR TCOPYO
THE ORIGINAL LE 1
OFFICE
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D . C . ••.�•` * • . . . . . . e � r;� ,
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