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Home My WebLink About2016-050 c A TRUE COPY CERTIFICATION ON LAST PAGE ! R SMITH, CL;-:RK EASEMENT 09 THIS GRANT OF EASEMENT, made and executed this LL� day of P,-/ , 2016, by SR 60 VERO LLC, a Florida limited liability company, whose mailing address is 105 Foulk Road, Wilmington, DE 19803, 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 a plat 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 plat 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 aforesaid plat 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. A TRUE COPY CERTIFICATION ON LAST PAGE J.R. SMITH, 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: / signatur By. _ print na :� d S C� �,li pri ed nam ,o 5t title: Ha signature. (Presiderit'or Vice President) printed name:P-&CLQA r+•.•��..co..M,ssti.• INDIAN RIVER COUNTY, a political . � � . �'�°•' {/� °�F:, subdivision of the State of Florida B ,-, +9�9•.,•' �, •Q.o� septi . Baird •. o •SFR' ' unty.Administrator •..,,caUNr+ r ATTEST: Jeffrey R. Smith, Clerk Authority: Resolution No. 2013-025 of Court and Comptroller ozm By:a/ya, I,o� Deputy Clerk Appro, dd By:Kl' (�. .v,.� l 'J,._ Dylan ZReindC% ty Attomey 7 By: Vincent Burke,Utilities Director STATE OF �1 e Avu,A�-� COUNTY OF Afecy Ci 3�1-e The foregoing instrument was acknowledged before me this �/y day of 2016, by the YAAN� of 15e 60 y'P-no L-LC , on behalf of said,mA&:A who is either personall-�y known to me or who has produced as identification. NOTARY PUBLIC Printed Name: (SEAL): Commission No. PATRICIA A. BURLESON Commission Expiration: 11 -a S-i7 NOTARY PUBLIC STATE OF DELAWARE 2 MY COMMISSION EXPIRES ON November 25, 2017 A TRUE COPY CERTIFICATION ON LAST PAGE J.R. SMITH, CLERK CONSENT OF MORTGAGEE M&T BANK, a New York banking corporation, having a mailing address of One M&T Plaza, Buffalo, New York 14203 (Mortgagee), the owner and holder of that certain mortgage upon land described therein, situated in Indian River County, Florida, which mortgage is recorded in O.R. Book 2896, Page 1744 of the Public Records of Indian River County, Florida, hereby consents to the making of the foregoing temporary utilities easement in favor of Indian River County, a political subdivision of the State of Florida, having a mailing address of 1801 27`h Street, Vero Beach, Florida 32960, by SR 60 Vero LLC, a Florida limited liability company, whose mailing address is 105 Foulk Road, Wilmington, DE 19803 (Mortgagor), on the following described property: See Exhibit "A" attached hereto. Mortgagee agrees that the granting of this easement shall in no way affect its ability to foreclose its lien of its mortgage on the property described in the mortgage noted above, but that it shall be subordinated to and subject to this grant of easement, and that said easement shall run with the land in perpetuity. Signed, sealed and delivered in the presence of: M&T NK 't✓� �,, By; Print Name. _ 3?CDS C(�.t (l�i(X I Print name: Title: ; Print Name �1 -v w i STATE OF DELAWARE COUNTY OF NEW CASTLE The foregoing strument was acknowledged b fore me this day of ,2016, by14� �t�f�E?MC the of M&T Bank, a New York banking corporation, on behalf of said bank. He/she is personally known to me or has produced as identification. Llc--7— '9 d /Z r' n . 6� LvG (Notary Seal) Commission Commission Expiration: RAMONA E HENRY NOTARY PUBLIC STATE OF DELAWARE My Commission Expires 06/15/2019 1 SKETCH OF LEGAL DESCRIPTION (NOT A SURVEY) Report of Survey: (Project # 09-025—BE) • TYPE OF SURVEY: SKETCH OF DESCRIPTION — NOT A FIELD BOUNDARY SURVEY • THIS SURVEY PERFORMED BY: HOUSTON, SCHULKE, BITTLE & STODDARD, INC. L.B. 16905 d.b.o. MERIDIAN LAND SURVEYORS 1717 INDIAN RIVER BOULEVARD, SUITE 201, VERO BEACH, FLORIDA 32960 • PROFESSIONAL SURVEYOR & MAPPER IN RESPONSIBLE CHARGE. CHARLES H. BLANCHARD, P S.M. #5755 LEGAL DESCRIPTION: EXHIBIT "A" A BLANKET UTILITY EASEMENT OVER THE FOLLOWING DESCRIBED PARCEL. THE EAST 20 ACRES OF TRACT 10,SECTION 5,TOWNSHIP 33 SOUTH, RANGE 39 EAST,ACCORDING TO THE PLAT OF LANDS OF THE INDIAN RIVER FARMS COMPANY, RECORDED IN PLAT BOOK 2, PAGE 25, PUBLIC RECORDS OF ST. LUCIE COUNTY,FLORIDA,SAID LANDS NOW LYING AND BEING IN INDIAN RIVER COUNTY, FLORIDA, LESS AND EXCEPT THEREFROM THE FOLLOWING DESCRIBED PARCEL TO WIT A PORTION OF THE EAST 20 ACRES OF TRACT 10,SECTION 5,TOWNSHIP 33 SOUTH, RANGE 39 EAST, ACCORDING TO THE PLAT OF LANDS OF THE INDIAN RIVER FARMS COMPANY, RECORDED IN PLAT BOOK 2,PAGE 25, PUBLIC RECORDS OF ST LUCIE COUNTY,FLORIDA,SAID LANDS NOW LYING AND BEING IN INDIAN RIVER COUNTY, FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS COMMENCING AT THE NORTHEAST CORNER OF TRACT 10,SAID SECTION 5, RUN SOUTH 00°05'50" EAST,A DISTANCE OF 30 00 FEET TO THE SOUTH RIGHT OF WAY LINE OF INDIAN RIVER FARMS WATER CONTROL DISTRICT CANAL A-2,A 30 00 FOOT WIDE CANAL RIGHT OF WAY TO THE POINT OF BEGINNING,THENCE CONTINUE SOUTH 00°05'50"EAST ALONG THE EAST LINE OF SAID TRACT 10,A DISTANCE OF 326.49 FEET,THENCE RUN NORTH 89°48'05"WEST,A DISTANCE OF 340.37 FEET, THENCE RUN SOUTH 71°12'11"WEST,A DISTANCE OF 44 14 FEET,THENCE RUN NORTH 89°45'04" WEST,A DISTANCE OF 182.32 FEET TO A POINT ON A NON TANGENT CURVE,CONCAVE TO THE WEST,THE RADIUS OF WHICH BEARS SOUTH 89°44'18"WEST,A DISTANCE OF 35 00 FEET,THENCE RUN NORTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 26°26'24",AN ARC DISTANCE OF 16 15 FEET,THENCE RUN NORTH 26°42'06"WEST,A DISTANCE OF 35 61 FEET, THENCE RUN SOUTH 89°55'54"WEST,A DISTANCE OF 78.80 FEET TO THE WEST LINE OF THE EAST 20 ACRES OF TRACT 10;THENCE RUN NORTH 00°04'06"WEST ALONG SAID LINE,A DISTANCE OF 294 33 FEET TO THE SAID SOUTH RIGHT OF WAY LINE OF CANAL A2;THENCE ALONG SAID SOUTH RIGHT OF WAY LINE RUN SOUTH 89°45'07"EAST,A DISTANCE OF 662.80 FEET TO THE POINT OF BEGINNING SAID PARCEL CONTAINING 4 97 ACRES MORE OR LESS AND SUBJECT TO A CONSERVATION EASEMENT IN FAVOR OF INDIAN RIVER COUNTY AS RECORDED IN O.R.B 1913, PAGE 2060 AND SUBJECT OF EASEMENTS, RESTRICTIONS AND RESERVATIONS OF RECORD DESCRIPTION OF BLANKET UTILITY EASEMENT Legend & Abbreviations: SKETCH OF LEGAL DESCRIPTION (symbols not scoleoble for size) NOT A BOUNDARY SURVEY > < 0103+ PLS - PROFESSIONAL LAND SURVEYOR m 7T 5 m PSM — PROFESSIONAL SURVEYOR & MAPPER 0c,9G LB — LAND SURVEYING BUSINESS 0 - CENTERLINE PLAT OF SURVEY FOR: SR 60 VERO LLC OM MO �M) - MEASURED VALUE ( m s OLD P) - PLAT VALUE 00 CR - COUNTY ROAD { R/W - RIGHT OF WAY P 0.8 - POINT OF BEGINNING O O.R.B. - OFFICIAL RECORD BOOK (C) - CALCULATED (\_ 6 r PO.C. - POINT OF COMMENCEMENT CM - CONCRETE MONUMENTyJ �FnF MERIDIAN 61 THIS SURVEY IS NOT VALID WITHOUT THE G 0= SIGNATURE AND THE ORIGINAL RAISED SEAL OF S m LAND SURVEYORS THE FLORIDA LICENSED SURVEYOR AND MAPPER 1717 INDIA'RIVER BLVD,SUITE 201 NAMED BELOW. VERO BEACH,FL.32960 LB#6905 "�s PHONE:772-794-1213,FAX:772-794-1096 x M E-181AIL:LB69056ilBELLSOUTH.NET CHARLES H. BLANCHARD, P.S.M. /5755 n .. .�� :• ,ao ..,. ,:Qv� PAGE 1 OF 1