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Home My WebLink About2012-119B A TRUE COPY CERTIFICATION ON LAST PAGE J . R . SMITH , CLERK Prepared by. 4 / f a. In err county 180127' Shsst Vero Beach, FL 329W 5 S� Rehm recorded original to: 0L0 ) a - 11 q d Return recorded r WdW cOPY to: Office of General Counsel St. Johns River Water Management District 4049 Reid Street I Highway 100 West Palatka, FL 32177 CIRAIANGE EASEMENT AGREEMENT This DRAINAGE EASEMENT AGREEMENT (the "Agreement") is made as of the day of April, 2012, by and between Vista Properties of Vero Beads, Inc., ('Vista' having an address of P. O. Box 651460, Vero Beach, FL 32965, and Indian River County, (`County ) a political subdivision of the State of Florida, having an address of 1801 27"h Street, Vero Beach, FL 32960. WTNESSETH; WHEREAS, Vista is the owner of that certain tract of land (the `Property' being more particularly described in Exhibit "K attached hereto as and incorporated herein; and WHEREAS, Vista and County desire to create a Drainage Easement Agreement for stormwater management and the drainage/retention system over the Property, for the benefit of each; and WHEREAS, both Vista and County will be served by a drainage/retention system designed and operated in accordance with District Permit No. _ (the "Permit") issued by the St Johns River Water Management District; and WHEREAS, Vista agrees to grant to County certain easements, fights, and privileges, including an easement over and across a certain portion of the Property for the purpose of dedicating said portion of the Property to a drainage/retention system ; and NOW, THEREFORE, for and in consideration of the sum of Ten and No/100 ($ 10.00) Dollars and of the mutual covenants herein contained , and for other valuable and good consideration, the receipt and sufficiency of which are hereby acknowledged , Vista and County hereby agree as follows; 1 . Vista hereby bargains, sells, grants and conveys to County, and its successors and assigns, for the benefit of and as an appurtenance to the Property a perpetual, non-exclusive right, privilege and easement upon, over, in and across that certain portion of the Property as depicted on the approved plans for the Permit for the purposes of accumulation, drainage, i � A TRUE COPY CERTIFICATION ON LAS1 J . R . SMITH , CLERK discharge , flowage and passage of water and stormwater as is or may from time to time occur or be generated from the Property , and for the purposes of constructing , installing , servicing , operating , maintaining , inspecting , repairing , replacing , connecting or renewing the drainage/detention system . 2 . Vista shall be liable for the maintenance , repair and replacement of the entire stormwater management easement area and all stormwater management facilities designed and operated under this Permit. Maintenance of the surface water or stormwater management system (s) shall mean the exercise of practices which allow the systems to provide drainage, water storage, conveyance or other surface water or stormwater management capabilities as permitted by the St. Johns River Water Management District. Any repair or reconstruction of the surface water or stormwater management system shall be as permitted , or if modified as approved by the St. Johns River Water Management District. 4 . " Drainage/Retention" and "Surface Water or Stormwater Management System" shall mean a system which is designed and constructed or implemented to control discharges which are necessitated by rainfall events, incorporating methods to collect, convey , store, absorb , inhibit, treat, use or reuse water to prevent or reduce flooding , overdrainage , environmental degradation , and water pollution or otherwise affect the quantity and quality of discharges from the system , as permitted pursuant to Chapters 4004, 40G40, or 40642 , F .A. C . 5. This Drainage Easement Agreement and the easements, restrictions, rights, obligations, and liabilities created hereby , shall be perpetual , shall be appurtenant to and run with title to the land affected hereby, and shall be binding upon and inure to the benefit of the parties hereto and the respective heirs, successors and assigns , including , but without limitation , all subsequent owners of the property described herein and all persons claiming under them . managing and containing the flow of excess surface water, if any, found upon a to time to ti ` e. Each lot owner, including builders, shall be responsible for the m ' ance , operation d repair of the swales on the lot. Maintenance, operation and r shall mean the exercise f practices, such as mowing and erosion repair, which the swales to provide drainage, water storage, conveyance or other stormwater ement capabilities as permitted by the St. Johns River Water Management District. g , excavation, construction of fences or otherwise obstructing the surface water fl ' the swales is prohibited . No alteration of the Drainage le shall be authoriz d any damage to any Drainage Swale, whether caused by natural o anmade Mena , shall be repaired and the Drainage Swale returned to its former con rti soon as possible by the Owners) of the Lot(s) upon which the Drainage Swale is 7 . The St. Johns River Water Management District shall have the right to enforce, by a proceeding at law or in equity, the provisions contained in the Deed Restrictions, which relate to the maintenance , operation and repair of the surface water or stormwater management system . a . No modification or alteration shall be made to the stormwater management easement area or the stormwater management facilities without the prior written approval of the St. Johns River Water Management District. A TRUE COPY CERTIFICATION ON LAST PAGi J . R . SMITH , CLERK IN WITNESS WHEREOF , the undersigned have executed and delivered this Drainage Easement Agreement under seal as of the day and year first above written . Signed , sealed and delivered VISTA PROPERTIES OF VERO BEACH , in our presence as witnesses: INC . Signatur � . d✓ Printed Na 1. • John . Kurtz, Pre i elf Signat Pri d I�me:�i STATE OF FLA COUNTY OFWFF I L The foregoing instrument was acknowledged before me this ML11 day of 20j F John C. Kurtz, President of Vista Properties of Vero Beach , Inc. , who did not take an oath . Personally known OR produced identification Identification produced liiiiiiiiiiiii WIN " N MER YL R. LEVINE Notary Public tate of Florida MY COMMS/ON 0 EZ14WM at Large . wome WVembir r• 3m My Commission E pires: w ,r,,,� wgr,�r. cd INDIAN RIVER COUNTY BOARD OF Attest: J . K. Barton, Clerk of CourtIacpMMfSS�1�., COUNTY COMMISSIONERS < By. -� ? By: MIIF XGa heeler, Chairman a ti; approved : IF k % Approved as to a form;and sufficierfioy „ ?� A proved : William Braal , Deputy County Attorney osep A. Baird, County Administrator CERTIFICATION ON LAST PAG ' J . R . SMITH , CLERK EXHIBIT " A " r•,o, �rrpARa BWLEGAL DES�. �� moi -nw . A PORTION OF TRACT 2, INDIAN RIVER FARMS CO. PLAT OF LANDS, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PIAT BOOK 2, PAGE 259 AS RECORDED IN THE PUBLIC RECORDS OF SAINT LUCIE : - COUNTY, FLORIDA, OF LYING WITHIN INDIAN RIVER COUNTY, FLORIDA, SECTION 6 , TOWNSHIP C33 ENTEGE RU EO UTHNSAlD3 STR PSTQEING MOREANDN PARTICULARLY LAND 20 FEET IN WIDTH , THE DESCRIBED AS FOLLOWS: COMMENCE . AT THE NORTHEAST CORNER OF SAID SECTION 6: THENCE ALONG THE NORTH UNN THE SOUTH E OF S. SECTION. 6; NORTH 89' 45' 17% WEST; 'A DISTANCE OF 2389 .45 FEET; OF 3 THENCE SOUTH 00' 14'43" WEST, A -DISTANCE CANkL�OAS SHOWN ONTO SAID LINE AND TO UNE OF THE 60 FOOT .SUB . LATERAI. A-3 THE POINT-- OF BEGINNING OF HEREIN DESCRIBED STRIP OF LAND, THENCE SOU 02' 13925 EAST. A DISTANCE OF 93: 14 FEET TO THE POINT OF TERMINATION OF SAID CENTEFiUNE .. THE . SIDELINES OR OF THE HEREIN TERMINATE .DESCRIBED EASEMENT RIGHT -WAY UNE LENGTHENED OF SAID. SHORTENED . SO AS SUB— LATERAL 'A-3" CANAL. SUBJECT TO EASEMENTS, RESTRICTIONS AND RIGHTS-OF—WAY OF RECORD. BEARINGS. SHOWN HEREON ARE $ABED ON THE NORTH UNE_ OF SAID SECTION 6, SAID UNE BEARING NORTH 89'45' 14'° WEST AND OTHER BEARINGS BEING RELATIVE THERETO• THIS SKETCH ANDDIPTION - ARE : IrOT. -VALID. WfTH4UT 'TttE SIGNATURE AND ORIGINAL RAISED SEAL OF A FLORFPPERs DA LICE. : ., , D SURVEYOR AND M t9OiE: THIS IS NOT A SKETCH OF SURVEY. @UT ONLY A GRAPHIC QEPICTIOPI OF THE D� �HONM HfJ2E0N. . THEA. HAS till fIE1D. .WORK, OF THE SUBJECT PROPEIN. . OR MONUI�EN15 Dli� SET IN . CONNECTIQN WffEt THE PREPARATION QF THE INFO[tMATION V111L6 -SHOD HEREON. PROFESSI tD SURVEYOR MAPPER . LICENSE: N0. 4190,- STAtE QF FlORtDA SOS SHOWN HMON_ WENE NQf .ABSfRACtED Rf CTiRNS, RIGHTS=QF—WAY AND EA�uIENIS OF RECORD* DATE: - oue 1Q-tA-1� n PARCEL 805 PIg6f tiller nO7D8 -EASE _AIDIS U. .. Ilnc. O N MINER FARMS. CO. PLAT OF L WPUOIW 2* Yd0P�Y r t s+)°Wa°u� (sfi+}a� sit 1 OF 2 KmtPAWS w- c ftwow. . . �twawis+smn IM.I .NEP*:U.S. bm 'p 0 iA �; �-- . �.. _ 800 Eh / m oe Z I I I I I a . 1p0C) OD m. s. + 0 Ej I logo. Cti -'' -m rn rami O I :_ MA Z : N Aa = Z > z z � •00 � f , ---- "' yrz 30,00 ---! SW 14! 43 E ;;Qm -o; �.£ lZ0S ? _ o41 501 �e j co somal: P" "fill k6 as cx :, � .,, ► r p ..o Z 3 � boON r yog . 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