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This Instrument Prepared By:
Pattie J. Scott
Recurring Revenue Section
Bureau of Public Land Administration
3900 Commonwealth Boulevard
Mail Station No. 125
Tallahassee, Florida 32399
BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND
OF THE STATE OF FLORIDA
SOVEREIGNTY SUBMERGED LANDS LEASE RENEWAL AND
MODIFICATION TO REFLECT CHANGE IN UPLAND OWNERSHIP
BOT FILE NO . : 310025634
PA NO. :
THIS LEASE is hereby issued by the Board of Trustees of the Internal Improvement Trust Fund of the State of
Florida, hereinafter referred to as the Lessor.
WITNESSETH: That for and in consideration of payment of the annual lease fees hereinafter provided and the
faithful and timely performance of and compliance with all terms and conditions stated herein, the Lessor does hereby lease
to Indian River County, Florida, hereinafter referred to as the Lessee, the sovereignty lands described as follows :
A parcel of sovereignty submerged land in Section 36 ,
Township 31 South, Range 39 East, in the Indian River,
Indian River County, containing 1 ,646 square feet,
more or less, as is more particularly described and shown
on Attachment A, dated November 21 , 2000 .
TO HAVE THE USE OF the hereinabove described premises from September 19, 2008, the effective date of this
modified Lease renewal, through October 15 , 2012 , the expiration date of this modified lease renewal . The terms and conditions
on and for which this modified lease renewal is granted are as follows :
1 . USE OF PROPERTY: The Lessee is hereby authorized to operate an existing 3 -slip docking facility with a non-
water dependent tool shed located within disclaimed area exclusively to be used for mooring of transient vessels in conjunction
with an upland fruit (Citrus) sales without fueling facilities, with a sewage pumpout facility if it meets the regulatory
requirements of the State of Florida Department of Environmental Protection or State of Florida Department of Health ,
whichever agency has jurisdiction, and without liveaboards as defined in paragraph 28, as shown and conditioned in
Attachment A. All of the foregoing subject to the remaining conditions of this lease .
2 . LEASE FEES : The Lessee hereby agrees to pay to the Lessor an annual lease fee of $459 .97, plus sales tax
pursuant to Section 212 .031 , Florida Statutes, if applicable, within 30 days of the date of receipt of the invoice . The annual fee for
the remaining years of this lease shall be adjusted pursuant to provisions of Rule 18-21 . 011 , Florida Administrative Code. The
State of Florida Department of Environmental Protection, Division of State Lands (the "Division" ) will notify the Lessee in
writing of the amount and the due date of each subsequent annual lease payment during the remaining term of this lease. All lease
fees due hereunder shall be remitted to the Division as agent for the Lessor.
[061
3 . WET SLIP RENTAL CERTIFICATION/SUPPLEMENTAL PAYMENT : (A) The Lessee shall provide upon
request by the Lessor any and all information in a certified form needed to calculate the lease fee specified in paragraph two
(2) above, including the income, as defined in subsection 18-21 . 003 (31 ), Florida Administrative Code, derived directly or
indirectly from the use of sovereignty submerged lands on an annual basis . When six percent (6%) of said annual income
exceeds the base fee or minimum annual fee established pursuant to Rule 18-21 . 011 , Florida Administrative Code, for any
lease year during the term of this lease, the Lessor shall send the Lessee a supplemental invoice for the difference in the
amounts for that lease year. (B) The instrument or agreement used by the Lessee to transfer or assign the right to use a wet slip
at the leased docking facility to a third party shall include a provision that clearly notifies the wet slip renter/user/holder that if
the wet slip renter/user/holder subsequently transfers his right to use said wet slip to another party, the instrument or agreement
used to transfer said wet slip shall contain a provision that requires six percent (6%) of the annual gross income derived from
said instrument or agreement for the use of said wet slip be paid to the Lessee who , upon receipt, shall report and transmit said
amount to the Lessor. The instrument or agreement used by the Lessee to transfer a wet slip shall also include a provision that
clearly notifies the wet slip renter/user/holder that no interest in said wet slip may be further transferred unless a substantially
similar provision to the one contained in the preceding sentence is placed in each succeeding instrument or agreement used to
transfer said wet slip to each new wet slip renter/user/holder.
4 . LATE FEE ASSESSMENTS : The Lessee shall pay a late payment assessment for lease fees or other charges due
under this lease which are not paid within 30 days after the due date. This assessment shall be computed at the rate of twelve
percent ( 12%) per annum, calculated on a daily basis for every day the payment is late .
5 . EXAMINATION OF LESSEE ' S RECORDS : For purposes of this lease renewal , the Lessor is hereby specifically
authorized and empowered to examine, for the term of this lease renewal including any extensions thereto plus three (3 ) additional
years, at all reasonable hours, the books, records, contracts, and other documents confirming and pertaining to the computation of
annual lease payments as specified in paragraph two (2) above.
6. MAINTENANCE OF LESSEE ' S RECORDS : The Lessee shall maintain separate accounting records for:
(i)gross revenue derived directly from the use of the leased premises, ( ii) the gross revenue derived indirectly from the use of
the leased premises, and (iii) all other gross revenue derived from the Lessee's operations on the riparian upland property. The
Lessee shall secure, maintain and keep all records for the entire term of this lease renewal plus three (3 ) additional years. This
period shall be extended for an additional two (2) years upon request for examination of all records and accounts for lease
verification purposes by the Lessor.
7 , AGREEMENT TO EXTENT OF USE : This lease is given to the Lessee to use or occupy the leased premises only
for those activities specified herein. The Lessee shall not (i) change or add to the approved use of the leased premises as
defined herein (e .g., from commercial to multi-family residential , from temporary mooring to rental of wet slips, from rental of
wet slips to contractual agreement with third party for docking of cruise ships , from rental of recreational pleasure craft to
rental or temporary mooring of charter/tour boats , from loading/offloading commercial to rental of wet slips, etc . ) ; ( ii) change
activities in any manner that may have an environmental impact that was not considered in the original authorization or
regulatory permit; or (iii) change the type of use of the riparian uplands or as permitted by the Lessee ' s interest in the riparian
upland property that is more particularly described in Attachment B without first obtaining a regulatory permit/modified
permit, if applicable, the Lessor' s written authorization in the form of a modified lease , the payment of additional fees, if
applicable, and, if applicable, the removal of any structures which may no longer qualify for authorization under the modified
lease.
8 . PROPERTY RIGHTS : The Lessee shall make no claim of title or interest to said lands hereinbefore described by
reason of the occupancy or use thereof, and all title and interest to said land hereinbefore described is vested in the Lessor.
The Lessee is prohibited from including, or making any claim that purports to include, said lands described or the Lessee's
leasehold interest in said lands into any form of private ownership, including but not limited to any form of condominium or
cooperative ownership. The Lessee is further prohibited from making any claim , including any advertisement, that said land,
or the use thereof, may be purchased, sold, or re-sold.
Page 2 of 15 Pages
Sovereignty Submerged Lands Lease No. 310025634
3 . WET SLIP RENTAL CERTIFICATION/SUPPLEMENTAL PAYMENT : (A) The Lessee shall provide upon
request by the Lessor any and all information in a certified form needed to calculate the lease fee specified in paragraph two
(2) above, including the income, as defined in subsection 18-21 . 003 (31 ), Florida Administrative Code, derived directly or
indirectly from the use of sovereignty submerged lands on an annual basis . When six percent (6%) of said annual income
exceeds the base fee or minimum annual fee established pursuant to Rule 18-21 . 011 , Florida Administrative Code, for any
lease year during the term of this lease, the Lessor shall send the Lessee a supplemental invoice for the difference in the
amounts for that lease year. (B) The instrument or agreement used by the Lessee to transfer or assign the right to use a wet slip
at the leased docking facility to a third party shall include a provision that clearly notifies the wet slip renter/user/holder that if
the wet slip renter/user/holder subsequently transfers his right to use said wet slip to another party, the instrument or agreement
used to transfer said wet slip shall contain a provision that requires six percent (6%) of the annual gross income derived from
said instrument or agreement for the use of said wet slip be paid to the Lessee who , upon receipt, shall report and transmit said
amount to the Lessor. The instrument or agreement used by the Lessee to transfer a wet slip shall also include a provision that
clearly notifies the wet slip renter/user/holder that no interest in said wet slip may be further transferred unless a substantially
similar provision to the one contained in the preceding sentence is placed in each succeeding instrument or agreement used to
transfer said wet slip to each new wet slip renter/user/holder.
4 . LATE FEE ASSESSMENTS : The Lessee shall pay a late payment assessment for lease fees or other charges due
under this lease which are not paid within 30 days after the due date. This assessment shall be computed at the rate of twelve
percent ( 12%) per annum , calculated on a daily basis for every day the payment is late .
5 . EXAMINATION OF LESSEE ' S RECORDS : For purposes of this lease renewal, the Lessor is hereby specifically
authorized and empowered to examine, for the term of this lease renewal including any extensions thereto plus three (3 ) additional
years, at all reasonable hours, the books, records, contracts, and other documents confirming and pertaining to the computation of
annual lease payments as specified in paragraph two (2) above.
6 . MAINTENANCE OF LESSEE ' S RECORDS : The Lessee shall maintain separate accounting records for:
(i)gross revenue derived directly from the use of the leased premises, (ii) the gross revenue derived indirectly from the use of
the leased premises, and (iii) all other gross revenue derived from the Lessee' s operations on the riparian upland property. The
Lessee shall secure, maintain and keep all records for the entire term of this lease renewal plus three (3 ) additional years . This
period shall be extended for an additional two (2) years upon request for examination of all records and accounts for lease
verification purposes by the Lessor.
7, AGREEMENT TO EXTENT OF USE : This lease is given to the Lessee to use or occupy the leased premises only
for those activities specified herein . The Lessee shall not (i) change or add to the approved use of the leased premises as
defined herein (e.g. , from commercial to multi -family residential , from temporary mooring to rental of wet slips, from rental of
wet slips to contractual agreement with third party for docking of cruise ships , from rental of recreational pleasure craft to
rental or temporary mooring of charter/tour boats, from loading/offloading commercial to rental of wet slips , etc . ) ; ( ii) change
activities in any manner that may have an environmental impact that was not considered in the original authorization or
regulatory permit; or (iii) change the type of use of the riparian uplands or as permitted by the Lessee ' s interest in the riparian
upland property that is more particularly described in Attachment B without first obtaining a regulatory permit/modified
permit, if applicable, the Lessor' s written authorization in the form of a modified lease, the payment of additional fees, if
applicable, and, if applicable, the removal of any structures which may no longer qualify for authorization under the modified
lease .
8 . PROPERTY RIGHTS : The Lessee shall make no claim of title or interest to said lands hereinbefore described by
reason of the occupancy or use thereof, and all title and interest to said land hereinbefore described is vested in the Lessor.
The Lessee is prohibited from including, or making any claim that purports to include, said lands described or the Lessee's
leasehold interest in said lands into any form of private ownership, including but not limited to any form of condominium or
cooperative ownership. The Lessee is further prohibited from making any claim, including any advertisement, that said land,
or the use thereof, may be purchased, sold, or re-sold .
Page 2 of 15 Pages
Sovereignty Submerged Lands Lease No. 310025634
17. NON-DISCRIMINATION: The Lessee shall not discriminate against any individual because of that individual's
race, color, religion, sex, national origin, age, handicap, or marital status with respect to any activity occurring within the area
subject to this lease renewal or upon lands adjacent to and used as an adjunct of the leased area. During the lease term, the Lessee
shall post and maintain the placard furnished to the Lessee by the Lessor in a prominent and visible location on the leased
premises or adjacent business office of the Lessee. It shall be the responsibility of the Lessee to post the placard in a manner
which will provide protection from the elements, and, in the event that said placard becomes illegible at any time during the term
of this lease renewal (including any extensions thereof), to notify the Lessor in writing, so that a replacement may be provided .
18 . ENFORCEMENT OF PROVISIONS : No failure, or successive failures, on the part of the Lessor to enforce any
provision, nor any waiver or successive waivers on its part of any provision herein, shall operate as a discharge thereof or render
the same inoperative or impair the right of the Lessor to enforce the same upon any renewal thereof or in the event of subsequent
breach or breaches .
19 . PERMISSION GRANTED : Upon expiration or cancellation of this lease renewal all permission granted hereunder
shall cease and terminate.
20. RENEWAL PROVISIONS : Renewal of this lease shall be at the sole option of the Lessor. Such renewal shall be
subject to the terms, conditions and provisions of management standards and applicable laws , rules and regulations in effect at that
time. In the event that Lessee is in full compliance with the terms of this lease, the Lessee may apply in writing for a renewal .
Such application for renewal must be received by Lessor no sooner than 120 days and no later than 30 days prior to the expiration
date of the original or current term hereof. The term of any renewal granted by the Lessor shall commence on the last day of the
previous lease term. If the Lessee fails to timely apply for a renewal , or in the event the Lessor does not grant a renewal, the
Lessee shall vacate the leased premises and remove all structures and equipment occupying and erected thereon at its expense.
The obligation to remove all structures authorized herein upon termination of this lease renewal shall constitute an affirmative
covenant upon the Lessee ' s interest in the riparian upland property more particularly described in Attachment B, which shall run
with the title to the Lessee ' s interest in said riparian upland property and shall be binding upon Lessee and Lessee's successors in
title or successors in interest.
21 . REMOVAL OF STRUCTURES/ADMINISTRATIVE FINES : If the Lessee does not remove said structures and
equipment occupying and erected upon the leased premises after expiration or cancellation of this lease renewal, such structures
and equipment will be deemed forfeited to the Lessor, and the Lessor may authorize removal and may sell such forfeited
structures and equipment after ten ( 10) days written notice by certified mail addressed to the Lessee at the address specified in
Paragraph 13 or at such address on record as provided to the Lessor by the Lessee . However, such remedy shall be in addition to
all other remedies available to the Lessor under applicable laws, rules and regulations including the right to compel removal of all
structures and the right to impose administrative fines.
22 . REMOVAL COSTSILIEN ON RIPARIAN UPLAND PROPERTY: Subject to the noticing provisions of
Paragraph 21 of this lease, any costs incurred by the Lessor in removal of any structures and equipment constructed or
maintained on state lands shall be paid by Lessee and any unpaid costs and expenses shall constitute a lien upon the Lessee ' s
interest in the riparian upland property that is more particularly described in Attachment B. This lien on the Lessee ' s interest in
the riparian upland property shall be enforceable in summary proceedings as provided by law.
23 . RECORDATION OF LEASE: The Lessee, at its own expense, shall record this fully executed lease renewal in its
entirety in the public records of the county within which the lease site is located within fourteen ( 14) days after receipt, and shall
provide to the Lessor within ten ( 10) days following the recordation a copy of the recorded lease in its entirety which contains the
O .R. book and pages at which the lease is recorded.
24 . RIPARIAN RIGHTS/FINAL ADJUDICATION: In the event that any part of any structure authorized hereunder is
determined by a final adjudication issued by a court of competent jurisdiction to encroach on or interfere with adjacent riparian
rights, Lessee agrees to either obtain. written consent for the offending structure from the affected riparian owner or to remove the
interference or encroachment within 60 days from the date of the adjudication . Failure to comply with this paragraph shall
constitute a material breach of this lease renewal agreement and shall be grounds for immediate termination of this lease renewal
agreement at the option of the Lessor.
Page 4 of 15 Pages
Sovereignty Submerged Lands Lease No. 310025634
25 . AMENDMENTS/MODIFICATIONS : This lease renewal is the entire and only agreement between the parties. Its
provisions are not severable. Any amendment or modification to this lease renewal must be in writing, must be accepted,
acknowledged and executed by the Lessee and Lessor, and must comply with the rules and statutes in existence at the time of the
execution of the modification or amendment. Notwithstanding the provisions of this paragraph, if mooring is authorized by this
lease, the Lessee may install boatlifts within the leased premises without formal modification of the lease provided that (a) the
Lessee obtains any state or local regulatory permit that may be required ; and (b) the location or size of the lift does not increase
the mooring capacity of the docking facility .
26 . ADVERTISEMENT/SIGNS/NON-WATER DEPENDENT ACTIVITIES/ADDITIONAL ACTIVITIES/MINOR
STRUCTURAL REPAIRS : No permanent or temporary signs directed to the boating public advertising the sale of alcoholic
beverages shall be erected or placed within the leased premises . No restaurant or dining activities are to occur within the leased
premises. The Lessee shall ensure that no permanent, temporary or floating structures, fences, docks, pilings or any structures
whose use is not water-dependent shall be erected or conducted over sovereignty submerged lands without prior written consent
from the Lessor. No additional structures and/or activities including dredging, relocation/realignment or major repairs or
renovations to authorized structures, shall be erected or conducted on or over sovereignty , submerged lands without prior written
consent from the Lessor. Unless specifically authorized in writing by the Lessor, such activities or structures shall be considered
unauthorized and a violation of Chapter 253 , Florida Statutes, and shall subject the Lessee to administrative fines under Chapter
18- 14, Florida Administrative Code . This condition does not apply to minor structural repairs required to maintain the authorized
structures in a good state of repair in the interests of public health, safety or welfare ; provided, however, that such activities shall
not exceed the activities authorized by this agreement.
27 . COMPLIANCE WITH FLORIDA LAWS : On or in conjunction with the use of the leased premises, the Lessee
shall at all times comply with all Florida Statutes and all administrative rules promulgated thereunder. Any unlawful activity
which occurs on the leased premises or in conjunction with the use of the leased premises shall be grounds for the termination
of this lease by the Lessor.
28 . LIVEABOARDS : The term " liveaboard " is defined as a vessel docked at the facility and inhabited by a person or
persons for any five (5) consecutive days or a total of ten ( 10) days within a thirty (30) day period. If liveaboards are
authorized by paragraph one ( 1 ) of this lease, in no event shall such " liveaboard " status exceed six (6) months within any
twelve ( 12) month period, nor shall any such vessel constitute a legal or primary residence .
29 . GAMBLING VESSELS : During the term of this lease and any renewals, extensions, modifications or
assignments thereof, Lessee shall prohibit the operation of or entry onto the leased premises of gambling cruise ships, or
vessels that are used principally for the purpose of gambling, when these vessels are engaged in "cruises to nowhere," where
the ships leave and return to the state of Florida without an intervening stop within another state or foreign country or waters
within the jurisdiction of another state or foreign country, and any watercraft used to carry passengers to and from such
gambling cruise ships .
30 . SPECIAL LEASE CONDITIONS : Should a field survey acceptable to the Lessor be required or obtained after
the effective date of this lease, the annual lease fees due hereunder shall be adjusted to reflect the increase or decrease in the
total preempted area shown by the survey. Any such adjustment shall be effective from the date of the acceptable survey and
shall be prospective only. No reimbursement or credit shall be given to the Lessee by the Lessor for overages, and no charge
shall be imposed by the Lessor for shortages unless the error resulted from inaccurate information supplied by the Lessee .
Page 5 of 15 Pages
Sovereignty Submerged Lands Lease No. 310025634
WITNESSES: BOARD OF TRUSTEES OF THE INTERNAL
IMPROVEMENT TRUST FUND OF THE STATE
_ OF FLORIDA
groat Signature (SEAL)
t �� i' BY: ,
Priv ane o Witness Jeffery Gen , Operations and Manageme Consultant
Manager, Bureau of Public Land Administration,
Division of State Lands, State of Florida Department of
al Si Environmental Protection, as agent for and on behalf of the Board
Q of Trustees of the Internal Improvement Tnist Fund of the State
h1 of Florida
Print/ Iype e of Witness
"LESSOR '
STATE OF FLORIDA
COUNTY OF LEON pp
The foregoing instrument was acknowledged before me this 04-0 day of " 201 ' • by
Jeffery M Gentry Operations and Management Consultant Manager Bureau of Public Land Administration Division of State
Lands Sta of F 'da D artment of Environmental Protectio as a ent for and on behalf of the Board of Trustees of the
Internal Im rov t Trust Fund of the S e of Florida. He is petro to e.
APPROVED AS LE
No Pu lic tate of Florida
DEP Attorney .
Printed, Typed or Sta
�1Pw Pie. Notary Public State of Florida
My Commission E q: Kathy C Griffin
oQ My Commission DD727692
♦SOFKe Expires 10/30/2011
/%OAVNA.ION
Commission/Serial No .
WITNESSES: Indian River County Florida (SEAL)
By its Board of County Commissioners
p
BY: �S
Original Signa a Origin Signature of Executing Authority o°ooPOe•° ° ' ` 0
C, JS [ LAS ¢ .�
y Bob Solari
Typed/Printed Name of Witness Typed/Printed Name of Executing Authority go
1® o4Chairman
ATTEST : J . K . B rton , Clerk p0e000e
°° , td°e of Executing Authority °a° '•°•• J • °°;
0 0 4N °`�]T�•�(° proved by the Board March 22 , 2011 ) 4'°0 Gl
° /! • • • • . . . • • ' °o°°
74AI Rio
By + 0 e "GRANTEE"SC
°e° nnpnaaae°
Deputy Clerk �i' 8 e $
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STATE OF FLORIDA 5`t��l° • ` :� '
,ma�yy°
COUNTY OFINDIAN RIVER ° ° • • .fR. . . .+• •
Cc��1N
The foregoing inshvment was acknowledged before me this c day of n. c k 20 by
Bob so Tari as Chairman, for and on behalf of the Board of County Commissioners o Indian River County, Florida. He is
personally known to me or who has produced as identification.
My Commission Expires : Signature of Notary Public (✓ �r �-(
Notary Public, State of Florida ,.�• • Pu�� RI0OWN,S4ATEA
r'J o l L ' ' * ISSION # EE 012487
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� ,� EXPIRES: October 3p, 214
Commission/Serial No. E cq �� /1 Printed, Typed or Stamped Name
Page 6 of 15 Pages Approved as toorm and legal sufficiency :
Sovereignty Submerged Land Lease No. 310025634 t1
County, Attorney
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Section 31 , Township 31 South, Range 39 East, in the Indian River
Quad No . 199A, dated 1983 in Vero Beach, Florida
Attachment A
Page 7 of 15 Pages
SSLL No . 310025634
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D LEGAL DESCRIPTION
AREA OF LEASE
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SITUATED IN THE STATE OF FLORIDA , COUNTY OF INDIAN RIVER
AND BEING A PART OF THE SOUTH 33 ACRES OF GOVERNMENT
LOTS 8 AND 9 SECTION 36, TOWNSHIP 31 SOUTH, RANGE 39 EAST
AND BEING MORE PARTICULARLY DESCRIBED AND BOUNDED AS
FOLL 0 WS .
COMMENCING AT THE NORTHWEST CORNER OF LOT 1 OF THE
RIVERSIDE ESTATE SUBDIVISION AS RECORDED IN PLAT BOOK 5
PAGE 50 OF THE PUBLIC RECORDS OF INDIAN RIVER COUNTY,
FLORIDA . THENCE N 87036 ' 41 -'l of A DISTANCE OF 158 . 27 FEET TO A
POINT, SAID POINT BEING THE POINT OF BEGINNING; THENCE N
86042229 " W A DISTANCE OF 10 . 00 FEET TO A POINT; THENCE N
3017 ' 313' E A DISTANCE OF 151 . 50 FEET TO A POINT; THENCE - S
86042129 " E A DISTANCE OF 16 , 00 FEET TO A POINT; THENCE S
3017 ' 31 " W A DISTANCE OF 21 . 85 FEET TO A POINT; THENCE N
86 ° 42 ' 29 " W A DISTANCE OF 6 . 00 FEET TO A POINT; THENCE S
3017 ' 31 " W A DISTANCE OF 129 . 65 FEET TO THE POINT OF
BEGINNING.
SAID PARCEL CONTAINS 1646 . 10 SQUARE FEET MORE OR LESS:
r
SHEET 2 OF 2
AR 6Y
DANIEL W. TALBOTT V LEGAL DESCRIPTION EXHIBIT " B " ,t3 r:
PROFESSIONAL SURVEYOR AND MAPPER
h t
FOR FILE JONES 1.6'G
2115 14TH AVE. AREA OF LEASE
VERO BEACH FLORIDA 82960 LOCATED IN THE LIATE DRWN B CH" BY
561 ) 569 - 8884 FAX (561 ) 564 - 2071 INDIAN RIVER LAGOON 8/00 LT DWT DANIEL W TALBgot 45642
LINE TABLE FOR DOCK AREA
LINE LENGTH BEARING
1 ! Ll 69,50 N86'42029'W
+ L2 5450 S03117'31'W
L3 550 N86.42'290W
n L4 54.50 N031171310E
L5 13.30 N86042'29'W fn �
i L6 6.60 S03'17'31 'W O Lo
i L7 17.00 N86142029'W O
L8 71.40 S03117.31 'W O
L9 6.00 N86. 42'29'W Q Lo
i L10 129.65 NO3.17'31'E (Y)
W ; L11 6.00 S86' 42'290E 4-
a i L12 30.15 S03' 17'31'E O Z
a ; L13 11.10 S86'420290E E
m L14 9.02 S40'081090E CJ O J
o L15 8.50 S03117131'W (u 0) - J
L16 13.50 S86' 42'29'E + U)
i L17 42 21 NO3'17' 310E Q n
y ! u LIS 4.20 5861424290E
` ! L19 45201 S03417'31 'W
S86 .42. 490E ( L20 70.30 S66. 42'29'E
16.00' i L21 6.45 S03117'31 'W GC`s �C)
3 i
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L78 W i
N86.42'49'W e l
6.00' (L71 ) 3 V
c=i l
230' + /— L12 r / �p
L77 = j Q
L13e '
L14 L19 , ! \
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L15 i
L16 L20 1
L6 L21
Z L7 Lt ( P.O.6
PREEMPTED AREA
Li c L i
L2 1o,
z L8 i 90
i
L3 i
DISCLAIMED AREA 1
TRUSTEES DOC. / 30481
P.O.B. N87.36'41 'W
RIPARIAN LINE N816042#2 OW L9 158.27' P.O.C.
10
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! I I I I
N 1 .238.100 COORDINATES SCALED FROM ! I I I I I I
E 896000 9275 27 AD MAP VERO BEACH i I RIVERSIDE ESTATES S /D I
i
I I PLAT BOOK 5 , PAGE SO I I
I I I I I i
I I I I I I
I
L--4
LINE TABLE
AREA OF LEASE' L - 1 N 870368410 W
L -2 N 86 .42 ' 29 " W 10. 00 '
q L - 3 N 3017 # 310 E 151 . 50 '
NOT TO SCALE L - 4 S 86442 ' 490 E 16. 00 '
L - 5 S 3 . 17 ' 31 ' W 21 . 85'
L - 6 N 86 '42 ' 29 " W 6. 00 '
POINT OF BEGINNING L - 7 S 3417J31 " W 129. 65 '
POINT OP COA(MENCEXENT
L-2 L- 1
'
ID EST TES S
RI ER S D
PL T BOK 5 PAGE 50
INDIAN RIVER
LAGOON
I _ MO.RNINGSIDE DRIVE
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THIs SKETCH IS NOT A SURVEY SHEET 1 OF 2Recewed; .D, o z
DANIEL W. TALBOTT V SKETCH OF PROPERTY EXHIBIT "A "
PROFESSIONAL SURVEYOR AND MAPPER DESCRIPTION FOR FILE ��Y 1 0 20 0 �
J
2115 14TH AVENUE AREA OF LEASE JONES LNG co
aC a
VERO BEACH FLORIDA 3,2960 LOCATED IN THE DATE rDRllrtV B CHAD BY , -- r- �• L �(561 ) 569
- 8884 FAX (561 ) 564 -2071 INDIAN RIVFR T. Ar. nnAr 4 , Innm ,. w_ Tl . 1TTir „P m . T „ ;:�. . .. .!l_ . !-D
BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND
OF THE STATE OF FLORIDA
Ill
, a
DISCLAIMER
No . 30481 ( 4924 - 31 )
THIS DISCLAIMER made by and between the BOARD OF
TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND OF THE STATE OF
FLORIDA as Grantor , and Richard M . Jones and Mary E . Jones , his
wife , as tenants by the entireties , as Grantees ;
WITNESSETH , that the Board of Trustees of the Internal
Improvement Trust Fund of the State of Florida pursuant to the
provisions of Section 253 . 129 , Florida Statutes , subject to any
inalienable trust under which the State holds such lands , has
r
released , relinquished , surrendered and disclaimed , and by these
presents does hereby release , relinquish , surrender , and disclaim
to said Grantees , whose address is Post Office Box 94 , Wabasso , .
Florida 32970 - 0094 , their heirs and assigns , any and all right ,
title or interest , in and to the following described,, parcel of
land located in Indian River County , Florida , to - wit :
Submerged lands of Indian River Lagoon situated adjacent to a
part of the South 33 acres of Government Lots 8 and 9 , . Section
36 , Township 31 South , Range 39 East and being more particularly
described and bounded as follows :
Commence at the Northwest corner of Lot 1 of the Riverside Estate
Subdivision as recorded in Plat Book 5 , Page 50 of the Public
Records of Indian River County , Florida . Thence N 28434 ' 48 " W a
distance _ of 88 : 91 feet to a point , said point beginning the Point
of Beginning ; thence N 86242129 " W a distance of 69 . 50 feet to a
point ; thence S 3217 ' 31 " W a distance 54 . 50 feet to a point ,
thence N 86242129 " W a distance of 5 . 50 feet to a pint ; thence N
3917 ' 31 " E a distance of 54 . 50 feet to a point ; thence
N 86242129 " W a distance of 13 . 39 feet to a point ; thence S
3217 ' 31 " W . a distance of 6 . 60 feet to a point ; thence N 86442 ' 29 "
W a distance of 17 . 00 feet to a point ; thence S 3 .217 ' 31 " W a
distance of 71 . 40 feet to a point ; thence N 86442129 " W a
distance of 6 . 00 feet to a point ; thence N 3 .217 ' 31 " E a distance
of 129 . 65 feet to a point ; thence S 86242129 " E a distance of
Attachment B
Page 11 of 15 Pages
SSLL No . 310025634
6 . 00 feet to a point ; . thence S. 3 ° 17 ' 31 " W a distance of 30 . 15.
feet to a point ; thence S 86 ° 42129 " E a distance of 11 . 10 feet to
a point ; thence S 40108 ' 09 " E a distance of 9 . 02 feet . to a point ;
thence S 3 ' 17 ' 31 ". W a distance of 8 . 50 ' feet to a point ; thence S
86142129 " E a distance of 13 . 50 feet to a point ; thence N
3017 ' 31 " E a distance of 45 . 20 feet to a point ; thence S
8642129 " E a distance of 4 . 20 feet to a point ; thence S 3017 ' 31 "
W a distance of 45 . 20 feet to a point ; thence S 86 ° 42 ' 29 " E a
distance of 10 . 30 feet to a point ; thence S 3 ° 17 ' 31 " W a distance
of 6 . 45 feet to a point said point being the Point of Beginning .
Containing 2 .300 square feet or 0 . 05 acres , more or less .
. r
Page 2 of 3
Trustees ' Disclaimer No . 30481 ( 4924 - 31 )
Attachment B
Page 12 of 15 Pages
SSLL No . 310025634
IN TESTIMONY WHEREOF , the members of the Board of Trustees
of the Internal Improvement Trust Fund of the State of Florida
have hereunto subscribed their names and have caused the official
seal of said Board of Trustees of the Internal Improvement Trust
Fund of . the State of Florida to be hereunto affixed in the City of
Tallahassee , Florida , on this the gA day of
Ilt
A . D . , 2000 .
( SEAL )
Bo,ac �; o �f Trustees of the Bush
.,lri�perna � =lnnprovement overnor
•
TrUSt -.Eund, ' ef the State
of
p Ka e e Har i
to of
Bob Butterworth
Attorney General
I
Ro t F . Milligan
C n troller
1 Ne son
r ure
Bob Crawford
Commissioner of riculture
App oved As To Form & . Legality
DEP Att rney Tom Gallag e
Commissioner of )Education
This Instrument Prepared by
Kathy Miklus As and Constituting the Board
Department of Environmental of Trustees of the Internal
Protection Improvement Trust Fund of the
3900 Commonwealth Boulevard State of Florida
Tallahassee , Florida 32399
Attachment B
Page 13 of 15 Pages
SSLL No . 310025634 1
Page 3 of 3
Trustees ' Disclaimer No . 30481 ( 4924 - 31 )
.r . ..� ..va.,. .:, yr ur. r r tlr, S n &1AKTUN , CLERK CIRCUIT COURT INDIAN
2 �.l
RIVER CO FL , BK : 229PG : 2170 , 09 / 19 / 2008 03 : 52 PM DOC STAMPS D
$ 47250 . 00 /
G
i
THIS INSTRUMENT PREPARE') BY AND RETURN TO :
Assurance Title LLC j
4700 NW Boca Raton Blvd # B -201 IrO80-010005.0
Boca Raton, F133431
Property Appraisers Parcel Identification (Folio) Number: 31 -39-36-00000-0080-00004.0 and 31 -39-36-0000
SPACE ABOVE THIS LINE FOR RECORDING DATA
WA NTY DEED
THIS WARRANTY DEED, made the 19th day of September, 2008 by Richard M . Jones , and Mary E . Jones,
husband and wife, each as to an undivided one-half ( '/:) interest as tenants in common whose address
is P . O . Box 94,Wabasso, Florida, 32970 herein called the Grantor, to Indian River County, a political
subdivision of the state of Florida , whose post office address is 1840 25 '" Street, Vero Beach , Florida
32970 , hereinafter called the Grantee:
(Wherever used herein the terms "Grantor " and "Grantee " include all the par 10.r to this instrument and the heirs, legal
representatives and assigns of individuals, and the successors and assigns of co r . at ns)
W I T N E S S E T H : That the Grantor, for and in consideration f the sum of TEN AND 00/ 100'S ($ 10
. 00)
Dollars and other valuable considerations, receipt whereof is hereb• a knowledged, hereby grants, bargains, sells,
aliens, remises, releases, conveys and confirms unto the Grantee alat certain land situate in INDIAN RIVER
County, State of Florida, viz. : '
The North 16. 5 acres of thi South 33 acres of Gov n nt Lots 8 and 9, Section 36, Township 31
South, Range 39 East, all lying and being in Indian 4v County, Florida. Less right of way for Jungle
Trail survey baseline per maintenance map as re c d in Plat Book 9, page 40 , Public Records of
Indian River County, Floridl .
Subject to easements, restrictions and ;IV/112ons of record and taxes for the year 2008 and
thereafter.
TOGETHER, with all the tenements, 104 itaments and appurtenances thereto belonging or in anywise
appertaining.
TO HAVE AND TO HOLD, the sam In fee simple forever.
AND, the Grantor hereby covenants with said Grantee that the Grantor is lawfully seized of said land in fee simple ;
that the Grantor has good right and lawful authority to sell and convey said land, and hereby warrants the title to said
land and will defend the same against the lawful claims of all persons whomsoever; and that said land is free of all
encumbrances , except taxes accruing subsequent to December 31 , 2007 .
IN WITNESS WHEF O , the said Grantor has signed and sealed these presents the day and year first above
written .
File No. : INDIANRI
Attachment B
Page 14 of 15 Pages
SSLL No . 310025634
j
Signed, ed and delivered in the presence of
Witness # 1 tgnature Richard M. Anes as too -half ( %)
- Y/\ r , interest
itness # I Printed ame by Jack C. Metz, as torney- in- Fact per
Durable Power of A ey dated
10/03/2007
itness #2 Signature
Yl'1, ��� � �•—� 4�...`,
Witness #2 Printed Name
Mary E. Jones as to one - half ( ''/:) interest
by Jackie Clayton Metz, as Attorney- in- Fact
per gable Power of Attorney dated
10 5/007
STATE OF FLORIDA
COUNTY OF INDIAN RIVER
The foregoing instrument was acknowledged before me this t day of September, 2008 by Richard M. Jones
as to a -half ( %:) interest
by Jack C . a 'z, s Attorney- in- Fact per Durab. P wer of Attorney dated 1. 0/03 /2007
and a ones as to one -half ( %:) interest
by Jackie Clayton Metz, as Attorney- ' - Fact r urable Power of A torney dated 10/15/2007 who
is personally known to me or has produced dentification.
SEAL _
Notary Public NoTARy pUBL1C ST:ATI: OF FLORIDA
France s DaSilva
Printed Notary I Commtsston ft
0D554
My Commission#� ftwa. Expires : 07/04/2010
File No. : INDIANRI
Attachment B
Page 15 of 15 Pages
33LL No . 310025634