HomeMy WebLinkAbout2014-101This Instrument Prepared 13y:
M. Sue Jones
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 FEE WAIVED LEASE RENEWAL
AND MODIFICATION TO REFLECT CURRENT DESCRIPTION OF USE
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 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 West, in 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 July 28, 2014, the effective date of this
modified lease renewal, through October 15, 2017, 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 a 3 -slip public docking facility with a non -
water dependent tool shed located within privately -owned lands to be used exclusively for temporary alongside mooring of
recreational vessels for public visitors and for law enforcement and marine patrol vessels in conjunction with an upland public
historical and recreational site, without fueling facilities, without 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 25 as shown and conditioned in
Attachment A. All of the foregoing subject to the remaining conditions of this lease.
[02/29]
2. 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 and as conditioned by the State of Florida Department of Environmental Protection
Environmental Resource Permit. 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. If at any
time during the lease term this lease no longer satisfies the requirements of subparagraph 18-21 011(1)(b)7., Florida
Administrative Code, for a fee waived lease, the Lessee shall be required to pay an annual lease fee in accordance with Rule
18-21.011, Florida Administrative Code, and if applicable, remove any structures which may no longer qualify for
authorization under this lease.
3. SUBMITTING ANNUAL CERTIFIED FINANCIAL RECORDS: Within 30 days after each anniversary of the
effective date of this lease, the Lessee shall submit annual certified financial records of income and expenses to the State of
Florida Department of Environmental Protection, Division of State Lands, Bureau of Public Land Administration, 3900
Commonwealth Blvd, MS 130, Tallahassee, FL 32399. "Income" is defined in subsection 18-21.003(31), Florida
Administrative Code. The submitted financial records shall be certified by a certified public accountant.
4. EXAMINATION OF LESSEE'S RECORDS: The Lessor is hereby specifically authorized and empowered to
examine, for the term of this lease including any renewals, 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.
5. 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 term of this lease and any renewals 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.
6. 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.
7. INTEREST IN RIPARIAN UPLAND PROPERTY: During the term of this lease, the Lessee shall maintain
satisfactory evidence of sufficient upland interest as required by paragraph 18-21.004(3)(b), Florida Administrative Code, in the
riparian upland property that is more particularly described in Attachment B and by reference made a part hereof together
with the riparian rights appurtenant thereto. If such interest is terminated or the Lessor determines that such interest did not exist
on the effective date of this lease, this lease may be terminated at the option of the Lessor. If the Lessor terminates this lease, the
Lessee agrees not to assert a claim or defense against the Lessor arising out of this lease. Prior to sale and/or termination of the
Lessee's interest in the riparian upland property, the Lessee shall inform any potential buyer or transferee of the Lessee's interest
in the riparian upland property and the existence of this lease and all its terms and conditions and shall complete and execute
any documents required by the Lessor to effect an assignment of this lease, if consented to by the Lessor. Failure to do so will
not relieve the Lessee from responsibility for full compliance with the terms and conditions of this lease which include, but are
not limited to, payment of all fees and/or penalty assessments incurred prior to such act.
Page 2 of 14 Pages
Sovereignty Submerged Lands Lease No. 310025634
8. ASSIGNMENT OF LEASE: This lease shall not be assigned or otherwise transferred without prior written
consent of the Lessor or its duly authorized agent. Such assignment or other transfer shall be subject to the terms, conditions
and provisions of management standards and applicable laws, rules and regulations in effect at that time. Any assignment or
other transfer without prior written consent of the Lessor shall be null and void and without legal effect.
9. INDEMNIFICATION/INVESTIGATION OF ALL CLAIMS: The Lessee shall investigate all claims of every
nature arising out of this lease at its expense, and shall indemnify, defend and save and hold harmless the Lessor and the State
of Florida from all claims, actions, lawsuits and demands arising out of this lease.
10. NOTICES/COMPLIANCE/TERMINATION: The Lessee binds itself, its successors and assigns, to abide by the
provisions and conditions herein set forth, and said provisions and conditions shall be deemed covenants of the Lessee, its
successors and assigns. In the event the Lessee fails or refuses to comply with the provisions and conditions herein set forth,
or in the event the Lessee violates any of the provisions and conditions herein set forth, and the Lessee fails or refuses to
comply with any of said provisions or conditions within twenty (20) days of receipt of the Lessor's notice to correct, this lease
may be terminated by the Lessor upon thirty (30) days written notice to the Lessee. If canceled, all of the above-described
parcel of land shall revert to the Lessor. All notices required to be given to the Lessee by this lease or applicable law or
administrative rules shall be sufficient if sent by U.S. Mail to the following address:
Indian River County
1801 27th Street, Building A
Vero Beach, Florida 32960-3388
The Lessee shall notify the Lessor by certified mail of any change to this address at least ten (10) days before the change is
effective.
11. TAXES AND ASSESSMENTS: The Lessee shall assume all responsibility for liabilities that accrue to the
subject property or to the improvements thereon, including any and all drainage or special assessments or taxes of every kind
and description which are now or may be hereafter lawfully assessed and levied against the subject property during the
effective period of this lease.
12. NUISANCES OR ILLEGAL OPERATIONS: The Lessee shall not permit the leased premises or any part thereof
to be used or occupied for any purpose or business other than herein specified unless such proposed use and occupancy are
consented to by the Lessor and the lease is modified accordingly, nor shall Lessee knowingly permit or suffer any nuisances or
illegal operations of any kind on the leased premises.
13. MAINTENANCE OF FACILITY/RIGHT TO INSPECT: The Lessee shall maintain the leased premises in good
condition, keeping the structures and equipment located thereon in a good state of repair in the interests of public health, safety
and welfare. No dock or pier shall be constructed in any manner that would cause harm to wildlife. The leased premises shall
be subject to inspection by the Lessor or its designated agent at any reasonable time.
14. 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 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 (including any extensions thereof), to notify the Lessor in writing, so that a replacement may be provided.
15. 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.
Page 3 of 14 Pages
Sovereignty Submerged Lands Lease No. 310025634
16. PERMISSION GRANTED: Upon expiration or cancellation of this lease all permission granted hereunder shall
cease and terminate.
17. 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 the Lessee is in full compliance with the terms of this lease, the Lessor will begin the renewal process. The
term of any renewal granted by the Lessor shall commence on the last day of the previous lease term. 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 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 the Lessee and the
Lessee's successors in title or successors in interest.
18. 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, 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
10 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.
19. REMOVAL COSTS/LIEN ON RIPARIAN UPLAND PROPERTY: Subject to the noticing provisions of
Paragraph 18 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.
20. 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 agreement and shall be grounds for immediate termination of this
lease agreement at the option of the Lessor.
21. AMENDMENTS/MODIFICATIONS: This lease is the entire and only agreement between the parties. Its
provisions are not severable. Any amendment or modification to this lease 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 facility.
Page 4 of 14 Pages
Sovereignty Submerged Lands Lease No 310025634
22. 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.
23. USACE AUTHORIZATION: Prior to commencement of construction and/or activities authorized herein, the
Lessee shall obtain the U.S. Army Corps of Engineers (USACE) permit if it is required by the USACE. Any modifications to
the construction and/or activities authorized herein that may be required by the USACE shall require consideration by and the
prior written approval of the Lessor prior to the commencement of construction and/or any activities on sovereign, submerged
lands.
24. 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.
25. 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.
26. 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.
27. SPECIAL LEASE CONDTION: Mooring at this docking facility is temporary and transient in nature and
mooring between the hours of midnight and 5:00 a.m. is prohibited. This docking facility shall be made available to the general
public on a first come, first served basis each day when this docking facility opens.
Page 5 of 14 Pages
Sovereignty Submerged Lands Lease No. 310025634
WITNESSES:
Original Signature
Pri Type Na e of ' itness
STATE OF FLORIDA
COUNTY OF LEON
BY.
BOARD OF TRUSTEES OF THE INTERNAL'
IMPROVEMENT TRUST FUND OF -THE STATE
OF FLORIDA
EAL)
Cheryl C M'cCal , Chi:', :ureau of Public Land. Administration,
Division of Stat- Lan. , State of Florida Department of
Environmental P s ection, as agent for and on behalf of the '
Board of Trustees of the Internal Improvement Trust Fund of the
State of Florida
"LESSOR"
The foregoing instrument was acknowledged before me this a�) day of �-�'` , 20 1T, by
Cheryl C. McCall, Chief, Bureau of Public Land Administration, Division of State Lan , State of Florida Department of
Environmental Protection, as agent for and on behalf of the Board . Trustees of the Internal Improvement Trust Fund of the State
of Florida. She is personally known to me.
APPROVED SUBJECT TPROPER EXE UTION:
u(/ A. - iittj,;
Ml
i
DEP Attorney
Page 6 of 14 Pages
Sovereignty Submerged Lands Lease No. 310025634
tate of Florida
Printed, Typed or Stam . -d �e
My Commission Expir•
000 Pe Notary Public State of Florida
_ ; Kathy C Griffin
` My Commission EE148787
Expires 11/27/2015
Commission/Serial No
WITNESSES:
AIM A
4411111
LI/ kiikYI .
Original Si i Atrae_I
S. r L.
yped/Printed 'lame of Witness
`2UlAk ICa2,60
Original Signature
Berri Onlfins - LJ31'er
Typed/Printed Name of Witness
•STATEOF Florida
COUNTYOF Indian River
Indian River County. Florida
By id f County Commissioners
BY: i% �1 ,
Original Signature of Executing Autho
Peter D. O'Bryan
Typed/Printed Name of Executing Authority
Chairman
Title of Executing Authority
The foregoing instrument was acknowledged before me this 19 t hday of Aug u s t , 20 14 , by
Peter D. O'Bryan as Chairman, for and on behalf of the Board of County Commissioners of Indian River County, Florida. He is
personally known to me or who has produced " AT/ P , as identification.
l���p `� ,s n n
• N# '✓� i ✓Da /4
Signature of Notary Public
M )Cdrn usia� a
* * MY COMMISSION # 0 4
, 2014
' OP BonEXdeddThru Budget ber O
NotaryServices
Commission/Serial No. C 0 l a14n
Notary Public, State of t' / r i Li Q J
ierr; Cru!!I'ns-
Printed, Typed or Stamped Name
APPROVED AS TO FORM
ANJ' ALS;!FFI
BY
WILLIAM . DEBRAAL
DEPUTY COUNTY ATTORNEY
Page 7 of 14 Pages
Sovereignty Submerged Lands Lease No. 310025634
• agt_Xj.
Joseph A. Baird
County Administrator
'ES
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SURVEY
TONA BEACH Ill
4STIAN 5 MI
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RIVERSIPE
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Indian River County, Florida, 7770 Jungle Trail, Vero Beach, Florida 32963
Attachment A
Page 9 of 14 Pages
SSLL NO. 31002.5634
RIVER :CLUB AT
CARLTON
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2012 16:aosoft Corporation 0 2121210
•
LEGAL DESCRIPTION
AREA OF LEASE
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
FOLLOWS:
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 87°36' 41" TY A DISTANCE OF 158.27 FEET TO A
POINT, SAID POINT BEING THE POINT OF BEGINNING; THENCE N
86°42'29"W A DISTANCE OF 10.00 FEET TO A POINT; THENCE N
3°17' 31 " E A DISTANCE OF 151.50 FEET TO A POINT; THENCE .5'
86°42' 29" E A DISTANCE OF 16.00 FEET TO A POINT; THENCE S
3°17' 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
3°17' 31 " W A DISTANCE OF > 29.65 FEET TO THE POINT OF
BEGINNING.
SAID PARCEL CONTAINS 1646.10 SQUARE FEET MORE OR LESS:
SHEET 2 OF 2
DANIEL W TALBOTT V
PROFESSIONAL SURVEYOR AND MAPPER
2115 14TH AVE.
. VERO BEACH FLORIDA 32960
J661) 569-8884 FAX (669 564-2071
LEGAL DESCRIPTION
FOR
AREA OF LEASE
LOCATED IN THE
INDIAN RIVER LAGOON
EXHIBIT DB"
FILE
JONES LEO
DATE BRIM BYCHKD BY
8/00 _ LT _ DWT
NOT TO SCALE
L-4
I
I
I 1
INDIAN RIVER
I
I
LAGOON
THIS SKETCH IS NOT A SURVEY
LINE TABLE
L-1 N 87•36'41- W 158.2?
L-2 N 86.42'29- W 10.00'
L-3 N 3•17'3111 E 151.50'
L-4 S 86.42' 49" E 16.00'
L-6 S 3'17'81' W 21.85'
L-6 N 86.42'29" W 6.00'
L-7 S 3•17'31a W 129.65'
POINT OF COMMENCEMENT
RIVERSIDE ESTATES S/D
PLAT BOCK 5 PAGE 5
3
5
MORNINGSIDE DRIVE
SHEET 1 OF 2
DANIEL W. TALBOTT V
PROFESSIONAL SURVEYOR AND AL4PPER.
2115 14TH AVENUE
VERO BEACH FLORIDA 32960
(561) 569-8884 FAX (561) 564-2071
SKETCH OF PROPERTY
DESCRIPTION FOR
AREA OF LEASE
LOCATED IN THE
INDIAN RIVER LAGOON
EXHIBIT "A"
FILE'
JONES LIR
DATE
11/00
DAWN BY CHJCD BY
LT DWT
7
Attachment A
9
Received D
..,,MAY 1 0 20�
DANIEL W. TALBOTT V .#5642
S06.42.49'E
16.00•
18
N136•42•491./ P'
6.00' (LII) ,I,
• Lt2
11
t7 119
A � .
O
.15
rt r�L10
La
00
`o
PREEMPTED AREA
OAR LINE
N86.42'29
10.00'
L20
DISCLAIMED AREA
TRUSTEES DOC. / 30161
N87•36.41'V
N 1.236,100
E 698,000
COORDINATES SCALED IRON
USOS OUAD MAP VERO BEACtt
1927 NAD
LINE TABLE FOR DOCK AREA
LINE
LENGTH
BEARING
L1
6950
N86.42'29'V
L2
54.50
$03.17'31'V
13
5.50
N86.42'29'V
14
54.50
NO3.17'31'E
L5
13.30
N86'42'29'V
L6
6.60
S03.17.31'V
L7
17.00
N86'42.29'V
L8
71.40
SO317'31'V
L9
6.00
N86'42'29'111
110
129.65
NO3'17'31'E
U1
6.00
S86' 42'29'E
112
30.15
S03.17'31'E
113
11.10
386'42'29'E
L14
9.02
340'08'09'E
115
8.50
S03.17'31'V
116
13.50
S86.42'29'E
117
45.20
NO3.17'31'E
L18
4.20
506'42'29'E
119
4520
S03'17.31'V
L20
70.30
S86'42.29'E
L21
6.45
S03.17'31'V
P.O.C.
1
RIVERSIDE ESTATES S/D
PLAT BOOK 5, PAGE 50
7
OR
CI*
9
ua-aa�tva�, �.L+L,M L12[LV 1-1- LVUKr INDIAN
RIVER CO FL, BK: 2292 PG: 2170, 09/19/2008 03:52 PM DOC STAMPS D
• $4;250.00
414-1 „as -7)- co
THIS INSTRUMENT PREPARE') BY AND RETURN TO:
Assurance Title [LC
4700 NW Boca Raton Blvd # B -201
Boca Ratan, Fl 33431
Property Appraisers Parcel Identification (Folio) Number: 31-39- .0 and 31 -39 -
SPACE ABOVE THIS UNE FOR RECORDING DATA
WARRANTY 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 25th Street, Vero Beach, Florida
32970, hereinafter called the Grantee:
(Wherever used herein the terms "Grantor" and "Grantee" include all the pa ' t to this Instrument and the heirs, legal
representatives and assigns of individuals, and the successors and assigns ojcor..' ns)
WITNESSETH: That the Grantor, for and in consideratio the sum of TEN AND 00/100'S ($10.00)
Dollars and other valuable considerations, receipt whereof is hereb : i owledged, hereby grants, bargains, sells,
aliens, remises, releases, conveys and confirms unto the Grantee ak : t certain land situate in INDIAN RIVER
County, State of Florida, viz.:
The North 16.5 acres of the South 33 acres of Gov
South, Range 39 East, all lying and being in Indian
Trail survey baseline per maintenance map as:
Indian River County, Floridrf.
nt Lots 8 and 9, Section 36, Township 31
County, Florida. Less right of way for Jungle
in Plat Book 9, page 40, Public Records of
Subject to easements, restrictions and recons of record and taxes for the year 2008 and
thereafter.
TOGETHER, with all the tenements, ,j fditaments and appurtenances thereto belonging or in anywise
appertaining.
TO HAVE AND TO HOLD, the samn 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.
Attachment B
Page 13 of 14 Pages
SSLL NO. 310025634
, the said Grantor has signed and sealed these presents the day and year first above
Signed, ed and delivered in the presence of:
tness #1 Printed
itness #2 Signature
Witness #2 Printed Name
STATE OF FLORIDA
COUNTY OF INDIAN RIVER
The foregoing instrument was acknowledged before me this
as to t e -half ( %) interest
by s Attorney- in- Fact per Durab
and ones as to one -half ( %) interest
by Jackie Clayton Metz, as Attorney-` Fact
is personally known to me or has produced
Attachment B
Page 14 of 14 Pages
SSLL NO. 310025634
Richard M. ddnes as to oo -half ( %)
interest
by Jack C. Metz, as
Durable Power of A
10/03/2007
Mary E. Jones as to one -half ( %) interest
by Jackie Clayton Metz, as Attorney- in- Fact
per .-� ble Power of Attorney dated
105 '''7
�
ney- In- Fact per
, ey dated
day of September, 2008 by Richard M. Jones
er of Attorney dated 10/03/2007
rable Power of A orney dated 10/15/2007 who
dentification.
SEAL
Notary Public NOTARY ppBLIC•STATE OF FLORIDA
Frances DaSilva
Commission OD 2010
951
. Expires:
Printed Notary
My Commissio