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Home My WebLink About2012-037 A INUF COPY %; F= RTiFICATI0N ON LAST PAG2' .2A I J . K . (BARTON , CLERK u 51St Court (2) �G MALS I U NAf� � 6 H2 . CSR 1 dv � - oa7 This document was prepared by and should be returned to the County Attorney ' s Office 1801 27th Street Vero Beach , Florids 32960 EASEMENT THIS GRANT OF EASEMENT , made and executed this 21st day of February 20121 by DiVosta Homes , L. P . , a Delaware limited partnership , whose mailing address is 100 Bloomfield Hills Parkway , Suite 300 , Bloomfield Hills , MI 48304 , 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 one or more permanent utility easements and/or plats 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 describes and depicts a perpetual easement for utilities over, across and beneath said real property or portions thereof. This easement will automatically terminate upon the recordation of the approved permanent utility easements and/or plats 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 . H I nuc VurT CERTIFICATION ON LAST PAGE J . K . BARTON , CLERK 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 the presence of: DiVOSTA HOMES , L . P . , a Delaware limited partnership By : DiVOSTA HOMES HOLDINGS , LLC , a Delaware limited liability company , its General Partner 7 signature : r � ,�L _ � By : printed name : Michael Hueniken Land Development Manager signature : e South Florida Division printed name : Zt ;Z Authority : June 2 , 2010 Action by the Board of Managers INDIAN RIVER COUNTY, a political APPROVED AS TO 'FORM �'j subdivision of the State of Florida RNID LEgALSUFFICIE YJ/ def f ' AA • .SUS' "'. av; Le€AE l r,. oFea � By : ' K" Y Gary ". heeler, Chairman � Board of County Commissions a ATTEST : Jeffr K . Barton BCC authorized : 02 - 21 - 12 R 00 BftltyMN04I011 Inl, Deputy Clerk STATE OF COUNTY OF �= .L��, The foregoing instrument was acknowledged before me this J��?/- day of 2012 , by Michael Hueniken , Land Development Manager, South Florida Division of DiVosta Homes Holdings , LLC , a Delaware limited liability company , the General Partner of DiVosta Homes , L . P . , a Delaware limited partnership , who executed , on behalf of said entity with authority to do so . He is either personally known to me or who has produced w as identification . NOTARY PUBLIC riOTARYP�Bij 'r' LORIDH. _!(�K'-e eZ� �' %wes printed name : ( SEAL) : =, '; ° L o , EE026052 LXPi;z , HP. 14, 2014Commission No . : BONDEDTHRT . ATIAYNCRONDUrC. Col, INC Commission Expiration : 2 A. TRUE COPY CERTIFICATION ON LASTPAGaE J . K . BARTON , CLERK EXHIBIT 9OA99 LEGAL DESCRIPTIONS TEMPORARY UTILITY EASEMENT A PORTION OF THE SOUTH ONE - HALF ( S . 1 /2 ) OF THE SOUTH ONE - HALF ( S . 1 /2) OF SECTION 16 , TOWNSHIP 32 SOUTH , RANGE 39 EAST, LYING , SITUATED AND BEING IN INDIAN RIVER COUNTY , FLORIDA , BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS : COMMENCE AT THE INTERSECTION OF THE EAST RIGHT - OF - WAY LINE OF 51ST COURT AS RECORDED IN OFFICIAL RECORDS BOOK 20189 PAGE 2196 OF THE PUBLIC RECORDS OF INDIAN RIVER COUNTY , FLORIDA AND SOUTH RIGHT - OF - WAY LINE OF 53RD STREET AS RECORDED IN OFFICIAL RECORDS BOOK 19379 PAGE 479 OF THE PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA ; THENCE ALONG THE EAST RIGHT - OF - WAY OF SAID 51ST COURT THROUGH THE FOLLOWING FOUR ( 4) COURSES , SOUTH 45' 12933 " WEST , A DISTANCE OF 56 . 57 FEET ; THENCE SOUTH 00' 12 ' 33 " WEST , A DISTANCE OF 250 . 50 FEET ; THENCE SOUTH 13° 04 ' 07 " WEST, A DISTANCE OF 50 . 50 FEET TO A POINT OF INTERSECTION WITH A NON - TANGENT CURVE , CONCAVE EASTERLY , HAVING A RADIUS OF 1 , 464 . 00 FEET, THE RADIUS POINT OF SAID CURVE BEARS NORTH 88021941 " EAST ;THENCE SOUTHERLY , ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 00° 59 ' 26 " , A DISTANCE OF 25 . 31 FEET TO A POINT OF INTERSECTION WITH A LINE RADIAL TO SAID CURVE ; THENCE NORTH 87022 ' 15 " EAST , A DISTANCE OF 10 . 00 FEET TO A POINT ON THE EAST LINE OF A 10 FOOT UTILITY EASEMENT, ALSO KNOWN AS PARCEL 1 , AS RECORDED IN OFFICIAL RECORDS BOOK 2432 , PAGE 898 OF THE PUBLIC RECORDS OF INDIAN RIVER COUNTY , FLORIDA AND TO THE POINT OF BEGINNING OF HEREIN DESCRIBED PARCEL OF LAND ; THENCE NORTH 87' 23 ' 46 " EAST, A DISTANCE OF 27 . 38 FEET ; THENCE SOUTH 82' 34 ' 24 " EAST , A DISTANCE OF 47 . 28 FEET ; THENCE SOUTH 16' 23 ' 15 " EAST , A DISTANCE OF 40 . 00 FEET ; THENCE SOUTH 73' 36 ' 45 " WEST , A DISTANCE OF 84. 31 FEET TO A POINT ON THE EAST LINE OF SAID 10 FOOT UTILITY EASEMENT ( PARCEL 1 ) AND TO A POINT OF INTERSECTION WITH A NON - TANGENT CURVE , CONCAVE EASTERLY , HAVING A RADIUS OF 19454 . 00 FEET , THE RADIUS POINT OF SAID CURVE BEARS NORTH 84' 43 ' 23 " EAST , THENCE NORTHERLY , ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 02' 38 ' 52 , A DISTANCE OF 67 . 20 FEET TO THE POINT OF BEGINNING . SUBJECT TO EASEMENTS , RESTRICTIONS AND RIGHTS - OF - WAY OF RECORD . BEARINGS SHOWN HEREON ARE BASED ON THE SOUTH LINE OF 53RD STREET , SAID LINE BEARING SOUTH 89 ' 4727 " EAST AND ALL OTHER BEARINGS BEING RELATIVE THERETO . CERTIFICATION : THIS SKETCH AND DES RIPTION ARE NOT VALID WITHOUT THE SIGNATURE AND ORIGINAL RAISED SEAL OF A F IDA LICEN ED SURVEYOR AND MAPPER . NOTE: THIS IS NOT A SKETCH OF SURVEY, BUT ONLY A GRAPHIC DEPICTION OF THE DESCRIPTION SHOWN HEREON , THERE HAS BEEN NO FIELD WORK , VIEWING OF THE SUBJECT PROPERY, OR MONUMENTS WILBUR DTVI SET IN CONNECTION WITH THE PREPARATION OF THE INFORMATION PROFESSIONAL LAND SURVEYOR & MAPPER SHOWN HEREON , LICENSE NO . 4190 , STATE OF FLORIDA NOTE: LANDS SHOWN HEREON WERE NOT ABSTRACTED FOR RESTRICTIONS, DATE : 09 - 08 - 11 REV . 10 - 05 - 11 RIGHTS —OF—WAY AND EASEMENTS OF RECORD , PROJECT MANAGER DEPARTMENT MANAGER SCALE: CHECKED BY N ARCADIS 0 Wim ` W� CIA SHEET TITLE DATE DRAWN BY LEGAL DESCRIPTION 09-08- 11 JAF ARCADIS U . S . , Inc . TEMPORARY UTILITY EASEMENT PROJECT NUMBER DRAWING NUMBER 2081 Vista Parkway Tel: (561 ) 6974000Fax: (561 ) 697-7751 mj WATERWAY VILLAGE P . U. D. WFO774 A774SD30 Q West Palm Beach, Florida 33411 www.arcadis-us.com SHEET 1 OF 2 EXHIBIT " A " SKETCH TO ACCOMPANY DESCRIPTION . THIS IS NOT A SURVEY, 53RD STREET SOUTH R/W 53RD STREET ( 150 ' PUBLIC R/W) (O . R . B . 1937 , PG . 479 ) (O . R . B . 1937 , PG . 479 ) I _ _ _ _ S89 ' 47 ' 27 "E ( BEARING BASE) SCALE: 1 "= 40 AD , — — — — — — — �O N e4 / 10 ' U. E. (PARCEL 1 ) (O . R , B . 2432 , PG, 898) P . O. C . � o P . I . OF THE EAST R/W LINE OF 51 ST o ^ COURT ( O . R . B . 2018 , PG . 2196) & THE " ° o Len SOUTH R/W LINE OF 53RD STREET Cn N "' ( O . R . B . 1937 , PG . 479 ) w CL EAST LINE to 00 10 ' U . E. ( PARCEL 1 ) CD M ^CM ( O . R . B . 2432 , PG . 898 ) uj Cn m CV � a a N H-- I � � % al � vqzto wN a at Lu (N moo; U 0O o �o •A PORTION OF . o � o I � (-- N THE SOUTH ONE HALF OF C0 THE SOUTH ONE HALF OF `— LO �� o N88' 21 ' 41 ' E SECTION 16 TOWNSHIP 32 o d- rn / ( RADIAL) SOUTH , RANGE 39 EAST, INDIAN RIVER COUNTY, FLORIDA , JUi . MMI/�grp I R = 1464. 00 ' N87' 23 ' 46"E :°r`!ZP6' " * t "r, , A= 00° 59 ' 26 " - - � - - 27. 38 a,.4 , o�do, = L = 25 . 31 ' 234024 "E 8 ' _ � S : I 47. 28 = >- : CD a N87 22 ' 15 "E I p N �'`*0 ; ?4* o I 10 . 00 ' TEMPORARY o C Nk ' � iqp � ° + I RIO I UTILITY - EN�TERLINE P • 0 • B . EASEMENT 0 F. P . L. - FLORIDA POWER & LIGH O . R . B . - OFFICIAL RECORDS BOOK P . B . - PLAT BOOK I R = 1454. 00 ' PGS . _ PAGES A=02' 3$ ' 52 " _ $ 056+ 4b"W P . I . POINT OF INTERSECTION LMINE ' 573• P . O . B . - POINT OF BEGINNING I P . O . 0 - POINT OF COMMENCEMENT N84043 ' 23 " E R/W - RIGHT- OF- WAY I I ( RADIAL) U . E. - UTILITY EASEMENT tweak $ P�ECT MANAGER DEPARTMENT MANAGER SCALE CHHRWL 401 �EECKED BY ARCADIS CY SHEEP TffLE o $ SKETCH OF DESCRIPTION s os- 11 DRAWN 9Y ARCADIS U . S . , Inc . TEMPORARY UTILITY EASEMENT PROJECT NUMBER DRAWING NUMBER a 2081 Vista Parkway Tel: (561 ) 6974000 Fax (561 ) 697-7751 WATERWAY VILLAGE P. U . D. WF0774 A774SD230 Q West Palm Beach, Florida 33411 www.arcadis-us.com SHEET 2 OF 2