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Home My WebLink About2012-038 Y t1L copy �= PTIFICATION ON LASTPA (iE 51St Court ( 3 ) 9ARTON , CLERK Q This docainent eras prepared by � S -� N � rJC at 0 IQ ' 03 8 and should be returned to 0 R 6 N A the County Attorney9s office 1801 27th Street J Vero Beach ' Florida 32960 EASEMENT THIS GRANT OF EASEMENT , made and executed this 21St day of February 2012 , 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. ERTIFICATION ON LAST PAGE ;' . PARTON , 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 signature : ('�_ By : printed name : ` , ' , _ � _r Michael Hueniken Land Development Manager signatu u —�� South Florida Division printed name' Authority : June 2 , 2010 Action by the Board of Managers A " " `` LTo ` C) RM INDIAN RIVER COUNTY, a political subdivision of the State of Florida WILLIAM Ke DEBPvAAL By : a �, GaT,eWheeler, Chairman T: 04 WON Board of County Commissionp% a = tc z a � ; :ATTEST : Jeff ' Barton BCC authorized : • . 02 - 21 - 12 " ° It �,. AA% R IvFn Deputy Clerk STATE OF COUNTY OF The foregoing instrument was acknowledged before me this day of zL� 20121 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 as identification . NOTARY PUBLIC p [VOTARY . CT TJC -STKTE Or r" liORUrE. , 3ovies printed name : ` (SEAL) . - ' " s _ . oE EE026052 Commission No . : ' ExpirpsSER 14 , 2014 0010FDTUaoATnA'N"UCEOnI,Gro., Il�c Commission Expiration : 2 CERTIFICATION ON LAST PAUE J . K . BARTON , CLERK EXHIBIT LEGAL DESCRIPTION : TEMPORARY UTILITY EASEMENT A PORTION OF THE SOUTH ONE - HALF (S . 1 /2 ) OF THE SOUTH ONE - HALF ( S . 1 /2 ) OF SECTION 163 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 WEST 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 1937 , PAGE 479 OF THE PUBLIC RECORDS OF INDIAN RIVER COUNTY , FLORIDA ; THENCE ALONG THE WEST RIGHT - OF - WAY OF SAID 51ST COURT THROUGH THE FOLLOWING THREE (3 ) COURSES , THENCE SOUTH 44' 47 ' 27 " EAST , A DISTANCE OF 56 . 57 FEET; THENCE SOUTH 00' 12 ' 33 " WEST , A DISTANCE OF 252 . 53 FEET TO THE POINT OF CURVATURE OF A CURVE , CONCAVE EASTERLY, HAVING A RADIUS OF 1 , 536 . 00 FEET ; THENCE SOUTHERLY, ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 02° 51 ' 26 " , A DISTANCE OF 76 . 60 FEET TO A POINT OF INTERSECTION WITH A LINE RADIAL TO SAID CURVE ; THENCE SOUTH 87' 21 ' 07 " WEST , A DISTANCE OF 10 . 00 FEET TO A POINT ON THE WEST LINE OF A 10 FOOT UTILITY EASEMENT, ALSO KNOWN AS PARCEL 3 , 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 AND TO A POINT OF INTERSECTION WITH A NON - TANGENT CURVE , CONCAVE EASTERLY, HAVING A RADIUS OF 1 , 546 . 00 FEET, THE RADIUS POINT OF SAID CURVE BEARS NORTH 87021907 " EAST ; THENCE SOUTHERLY , ALONG THE WEST LINE OF SAID 10 FOOT UTILITY EASEMENT AND ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 02' 23 ' 13 " 1 A DISTANCE OF 64 . 40 FEET TO A POINT OF INTERSECTION WITH A NON - TANGENT LINE ; THENCE NORTH 75 ° 36 ' 19 " WEST, A DISTANCE OF 67 . 23 FEET ; THENCE NORTH 14' 23 ' 41 " EAST , A DISTANCE OF 40 . 00 FEET; THENCE NORTH 74' 07926 " EAST , A DISTANCE OF 21 . 90 FEET ; THENCE NORTH 84' 37 ' 08 " EAST , A DISTANCE OF 29 . 93 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 89047927 " 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 DIVI SET IN CONNECTION WITH THE PREPARATION OF THE ! NFORMATPON PROFESSIONAL LAND SURVEYOR & MAPPER SHOWN HEREON , LICENSE NO , 4190 , STATE OF FLORIDA NOTE: LANDS SHOWN HEREON WERE NOT ABSTRACTED FOR RESTRICTIONS, DATE : 09 - 12 - 11 REV . 10 - 05 - 11 RIGHTS- OF-WAY AND EASEMENTS OF RECORD, PROJECT MANAGER ENT MANAGER SCALE; CHECKED BY ARCADIS RWLWFD 04 SHEET TITLE � LEGAL DESCRIPTION os i2-tt J� BY ARCADIS U . S . , Inc . TEMPORARY UTILITY EASEMENT PROJECT NUMBER DRAWING NUMBER O2081 Vista Parkway Tel: (561 ) 697-7000 Fax: (561 ) 697-7751 WATERWAY VILLAGE P . U. D, WF0774 A774$ D31 West Palm Beach, Florida 33411 www.arcadis-us.com SHEET 1 OF 2 jv SKETCH T0ACCOMPANY DESCRIPTION , 53RD STREET THIS IS NOT A SURVEY! ( 150 ' PUBLIC R/W) SOUTH R/W 53RD STREET (O . R . B . 1937, PG . 479 ) (O . R . B . 1937 , PG . 479) —S89' 47 '27 "E (BEARING BASE) S SCALE: 1 " = 40 " 10 ' U . E. (PARCEL 3) s�st (O. R. B. 24323 PG. 898) Cn P .O.C . P . I . OF THE WEST R /W LINE OF 51ST COURT (O . R . B . 20181 PG . 2196) & THE SOUTH R/W LINE OF 53RD STREET 1 LEGEND : (O . R . B . 1937 , PG . 479 ) LO - CENTERLINE N o O . R . B . - OFFICIAL RECORDS BOOK "' o Cn P . B . - PLAT BOOK WEST LINE PGS . - PAGES 10 ' U . E. ( PARCEL 3) � 0 P . I . - POINT OF INTERSECTION ( O . R . B . 2432 , PG . 898 ) ``' °- ^ °' z J °° P . O . B . - POINT OF BEGINNING -' 00 I"— � uj (3 � P . O . 0 - POINT OF COMMENCEMENT M co I o N 9,N; I R/W - RIGHT- OF- WAY an U . E. - UTILITY EASEMENT � a I I N ; � 10 CL � 041 i a art As 61611490mawmew so vLj M o V o so C Ems am :* Ones Lu A PORTION OF I (n m 1 THE SOUTH ONE HALF OF C5 / THE SOUTH ONE HALF OF N LO o SECTION 16 , TOWNSHIP 32 I ;n o / SOUTH , RANGE 39 EAST, o R / INDIAN RIVER COUNTY, FLORIDA I '<l Ln \y5��: I . . d I N84'37 '08 "E ' • � N74' 07 ' 26 "E 29 . 93 ' ' 21990' a � gave 1 %N i •• 0 1 DIA • • t♦p11;�.- '• I I � O TEMPORARY 10 .N� UTILITY 10 . 00 ' I t EASEMENT P . 0 . 6 . p '4 I R 1546 . 00 ' amI � ,.s .. �:.a.f .�� :.. . As its Sat 72js I a= 02'2313 " i s _. . .dame :.f _ . ._ teemNQL= 64. 40 ' `( 6 9 OW PROJECT MANAGER DEPARTMENT MANAGER SCALE: CHECKED BY ARCADIS W� RW` A 4° W� SHEEP TTiLE DATE: DRAWN BY SKETCH OF DESCRIPTION Ds- 12- 11 �,� ARCADIS U . S . , Inc . ® TEMPORARY UTILITY EASEMENT PROJECT NUMBER DRAWING NUMBER 2081 vista Parkway Tel: (561 ) 691-7000 Fax: (561 ) 697-7751 WATERWAY VILLAGE P. U. D . WF0774 A774$ D31 West Palm Beach, Florida 33411 www.arcadis-us.com SHEET 2 OF 2