HomeMy WebLinkAbout2010-177 This document was prepared by � O / � — / � 7
gaud should be returned to 2080233
THIS DOCUMENT HAS BEEN
th@ Comity Attorney ' s Office RECORDED IN THE PUBLIC RECORDS
1801 27th Street OF INDIAN RIVER COUNTY FL
BK : 2434 PG : 865 , Pagel of 5
Wroesac $ Florida 32960 07/26/2010 at 09 : 59 AM , D DOCTAX PD
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EASEMENT
JEFFREY K BARTON , CLERK OF COURT
THIS GRANT OF EASEMENT , made and executed this 6th day of
July 2010 , by VB DEVELOPMENT INC . , a Florida corporation ,
whose mailing address is 505 Park Avenue , Suite 900 , c/o Loeb , Block &
Partners LLP , New York , NY 10022 , hereinafter called GRANTOR , to INDIAN
RIVER COUNTY , a political subdivision of the State of Florida , having a
mailing address of 1801 27th Street , Vero Beach , Florida 32960 , hereinafter
called GRANTEE .
WITNESSETH :
That GRANTOR for and in consideration of the sum of TEN DOLLARS
( $ 10 . 00 ) and other valuable consideration , receipt of which is hereby
acknowledged by these presents does grant , bargain , sell , alien , remise , release ,
convey , and confirm unto the GRANTEE , an easement for utilities over , across ,
and beneath the following described land , situate in Indian River County , Florida ,
to -wit :
See Exhibit " A " attached hereto .
This Easement is intended to be temporary until such time as a plat is
approved by the Board of County Commissioners of Indian River County , Florida
and recorded on the public records of Indian River County , Florida with respect to
the real property described on Exhibit " A" attached hereto , which plat describes
and depicts a perpetual easernent for utilities over , across and beneath said real
property or portions thereof. This easement will automatically terminate upon the
recordation of the aforesaid plat without the necessity of any further action of the
parties .
And GRANTOR hereby covenants with said GRANTEE that the
GRANTOR is lawfully seized of said servient land in fee simple , and that the
GRANTOR has good right and lawful authority to convey the easement
established hereby and will defend the same against the lawful claims of all
persons whomsoever .
Apia UV 0 AS To FORM
AND t. 0AL . SUFFICIENCY
DIY 6 � ---
ALAN S . PC, LACKWICH
COUNTY ATTORNEY
IN WITNESS WHEREOF , the GRANTOR has hereunto set GRANTOR ' S
hand and seal the day and year first above written .
Signed , sealed and delivered in VB DEVELOPMENT—INC . , a Florida,.._._._-
the presence of: corporation-` ,` J
signature : ` By :r/
printed name : " — 06A'name : Jeffrey E . Wacksman
title : President
signature . ( President( President or Vice President )
printed name : MArLxEeNj s,o us � N
INDIAN RIVER COUNTY , a political
subdivision of the State of Florida
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Peter D . O ' Bryan , Chairma �r : V , " 3
Board of County Commissioners (jQ
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ATTEST : Jeffrey K . Barton .• `F�•°
Clerk of Court BCC authorized : 07 - 20 - 10M
By '00 �jo
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Deputy Clerk
STATE OF New York
COUNTY OF New York
The foregoing instrument was acknowledged before me this 6th day of
July 2010 , by Jeffrey E . Wacksman the xxx _ President of
VB Development Inc . , a Florida corporation , on behalf of said corporation , who is
personally known to me xxxwWxk=xxpxxftwxd A9
id3 � .
DIANA M , SALICETI NOT RY PUBLIC
Notary Rublic ,;. State of New York _
Nos ,iO�SA6163581
QuaU# e }nNew York County t
Cbnrri� ssignpxpl_'rsMarch . 26, 20 � printed name : Dana kialiceti
ooq• e v5 .c, • o • y,
���� • • , ( SE .�' " _ Commission No . : 02SA6163581
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Commission Expiration : March 26 , 2011
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EXHIBIT "A"
LEGAL DESCRIPTION
PARCEL 1 :
THAT PORTION OF THE SOUTHEAST 1/4 OF THE SOUTHEAST 114 OF
SECTION Si TOWNSHIP 33 SOUTH, RANGE 39 EAST, INDIAN RIVER
COUNTY, FLORIDA, LYING SOUTH OF THE MAIN CANAL (300 FOOT
RIGHT-OF-WAY).
LESS AND EXCEPT THE EAST 136 FEET THEREOF;
ALSO LESS AND EXCEPT THE WEST 20 FEET OF THE EAST 156 FEET
THEREOF.
ALSO LESS AND EXCEPT A PARCEL OF LAND LYING IN THE SOUTHEAST
1/4 OF THE SOUTHEAST 1/4 OF SECTION 5, TOWNSHIP 33 SOUTH,
RANGE 39 EAST, INDIAN RIVER COUNTY, FLORIDA, LYING SOUTH OF
THE MAIN CANAL (300 FOOT RIGHT•OF-WAY) BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE
SOUTHEAST CORNER OF SAID SECTION 5, PROCEED SOUTH 690 54'
31 " WEST ALONG THE SOUTH LINE OF SAID SECTION 5 A DISTANCE
OF 156 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE
SOUTH 890 54' 31 " WEST ALONG SAID SECTION LINE, A DISTANCE OF
89 . 50 FEET; THENCE DEPARTING SAID LINE, NORTH 000 02' 27 " EAST,
PARALLEL TO THE EAST LINE OF SAID SECTION 5, A DISTANCE OF
122405 FEET TO THE POINT OF CURVATURE OF A CURVE
SOUTHEASTERLY HAVING A RADIUS OF 175. 00 FEET; THENCE
PROCEED NORTHEASTERLY ALONG THE ARC OF SAID CURVE,
THROUGH A CENTRAL ANGLE OF 210 00' 00" A DISTANCE OF 64 . 14
FEET TO THE POINT OF TANGENCY OF SAID CURVE; THENCE NORTH
210 02' 27" EAST, A DISTANCE OF 43. 46 FEET TO THE POINT OF A
CURVE CONCAVE NORTHWESTERLY, HAVING A RADIUS OF 125 .00
FEET; THENCE PROCEED NORTHEASTERLY ALONG THE ARC OF SAID
CURVE THROUGH A CENTRAL ANGLE OF 210 00' 00" A DISTANCE OF
45. 81 FEET TO THE POINT OF SAID CURVE; THENCE NORTH 000 02'
27 " EAST, PARALLEL TO SAID EAST LINE OF SECTION 5, A DISTANCE
OF 297. 33 FEET; THENCE NORTH 580 22' 11" WEST A DISTANCE OF
93. 11 FEET TO A POINT ON THE SOUTH RIGHT-OF-WAY OF THE MAIN
CANAL; THENCE NORTH 690 21 ' 32" EAST A DISTANCE OF 142 .50 FEET
TO A POINT BEING 156.00 FEET WEST OF SAID EAST LINE OF SECTION
5, WHEN MEASURED AT RIGHT ANGLES THERETO; THENCE SOUTH 000
02' 27" WEST, PARALLEL TO SAID EAST LINE OF SECTION S, A
DISTANCE OF 666 . 35 FEET TO THE POINT OF BEGINNING,
TOGETHER WITH
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PARCEL 2 :
THE NORTH 1/2 OF THE NORTHEAST 1/4 OF THE NORTHEAST 1 /4 OF
SECTION 81 TOWNSHIP 33 SOUTH, RANGE 39 EAST, INDIAN RIVER
COUNTY, FLORIDA.
LESS AND EXCEPT THE EAST 136 FEET THEREOF;
ALSO LESS AND EXCEPT THE WEST 20 FEET OF THE EAST 156 FEET OF
THE NORTH 1/2 OF THE NORTHEAST 1/4 OF THE NORTHEAST 1/4 OF
SEC170N 81 TOWNSHIP 33 SOUTH, RANGE 39 EAST, LESS AND EXCEPT
THE WEST 170 FEET OF THE EAST 306 FEET OF THE SOUTH 265 FEET
THEREOF,
ALSO LESS AND EXCEPT THE EAST 20 FEET OF THE WEST 170 FEET OF
THE EAST 306 FEET OF THE SOUTH 265 FEET OF THE NORTH 1/2 OF
THE NORTHEAST 1/4 OF THE NORTHEAST 1/4 OF SECTION 81
TOWNSHIP 33 SOUTH, RANGE 39 EAST, INDIAN RIVER COUNTY,
FLORIDA.
PARCEL 1 AND 2 ALSO KNOWN AS THE PROPERTY DESCRIBED AS:
A TRACT OF LAND BEING A PORTION OF SECTIONS 5 AND 81
TOWNSHIP 33 SOUTH, RANGE 39 EAST, INDIAN RIVER COUNTY,
FLORIDA, SAID TRACT MORE PARTICULARLY DESCRIBED AS FOLLOWS :
COMMENCING AT THE SOUTHEAST CORNER OF SAID SECTION 51
BEING THE NORTHEAST CORNER OF SAID SECTION 8, PROCEED
SOUTH 890 54' 31 " WEST ALONG THE LINE DIVIDING SAID SECTIONS
5 AND 8 A DISTANCE OF 156.00 FEET TO THE POINT OF BEGINNING;
THENCE SOUTH 000 13' 45" WEST, PARALLEL TO THE EAST LINE OF
SAID SECTION 81 A DISTANCE OF 678.40 FEET TO A POINT ON THE
SOUTH UNE OF THE NORTH 1/2 OF THE NORTHEAST 1/4 OF THE
NORTHEAST 1/4 OF SAID SECTION 8, SAID LINE BEING THE NORTH
UNE OF TRACT 1 , INDIAN RIVER FARMS COMPANY SUBDIVISION, AS
RECORDED IN PLAT BOOK 21 PAGE 25, ST, LUCIE COUNTY, FLORIDA
PUBLIC RECORDS (SAID LANDS NOW LYING IN INDIAN RIVER COUNTY,
FLORIDA); THENCE SOUTH 8911 57' 38" WEST ALONG THE NORTH LINE
OF SAID TRACT 1, A DISTANCE OF 1172 ,65 FEET TO THE SOUTHWEST
CORNER OF SAID NORTH 1/2 OF THE NORTHEAST 1/4 OF THE
NORTHEAST 1/4 OF SAID SECTION 8, SAID POINT ALSO BEING ON THE
EAST UNE OF TRACT 2 OF SAID INDIAN RIVER FARMS COMPANY
SUBDIVISION; THENCE NORTH 000 14' 23" EAST ALONG THE WEST
UNE OF THE NORTHEAST 1/4 OF THE NORTHEAST 1/4 OF SECTION 81
A DISTANCE OF 67734 FEETTO THE SOUTHWEST CORNER OF THE
SOUTHEAST 1 /4 OF THE SOUTHEAST 1/4 OF SAID SECTION 5; THENCE
NORTH 00° 03' 52" WEST ALONG SAID WEST UNE OF THE SOUTHEAST
1/4 OF THE SOUTHEAST 1/4 OF SECTION 5, A DISTANCE OF 226.46
FEET TO A POINT ON THE SOUTHERLY RIGHT-OF-WAY (R/W) UNE OF
THE MAIN CANAL ( 300' R/W WIDTH); THENCE NORTH 690 21 ' 32" EAST
ALONG SAID SOUTHERLY R/W UNE, A DISTANCE OF 1110. 70 FEET;
THENCE DEPARTING SAID R/W UNE, SOUTH 580 22' 11" EAST A
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DISTANCE OF 93 . 11 FEET; THENCE SOU FI 000 02' 27" WEST ALONG A
LINE PARALLEL TO AND 210 .00 FEET WEST OF (WHEN MEASURED
PARALLEL TO) THE EAST LINE OF SAID SECTION 51 A DISTANCE OF
297. 33 FEET TO THE POINT OF CURVATURE (P.C. ) OF A CURVE TO THE
RIGHT, HAVING A RADIUS OF 125.00 FEET; THENCE CLOCKWISE
ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 210
0010014 1 A DISTANCE OF 45. 81 FEET TO THE POINT OF TANGENCY
( P.T,); THENCE SOUTH 210 02 ' 27" WEST A DISTANCE OF 43 .46 FEET
TO THE P.C. OF A CURVE TO THE LEFT, HAVING A RADIUS OF 175. 00
FEET; THENCE COUNTERCLOCKWISE ALONG THE ARC OF SAID CURVE,
THROUGH A CENTRAL ANGLE OF 210 00' 00"f A DISTANCE OF 64414
FEET TO THE P.T, ; THENCE SOUTH 000 02' 27 " WEST, ALONG A LINE
PARALLEL TO AND 245 . 50 FEET WEST OF (WHEN MEASURED
PERPENDICULAR TO) THE EAST LINE OF SAID SECTION 5, A DISTANCE
OF 122 ,05 FEET TO A POINT ON THE AFOREMENTIONED UNE
DIVIDING SAID SECTIONS 5 AND 8; THENCE NORTH 890 54' 31 " EAST
ALONG SAID SECTION LINE, A DISTANCE OF 89. 50 FEET TO THE POINT
OF BEGINNING.
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