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HomeMy WebLinkAbout2016-173A 3120160054641 RECORDED IN THE PUBLIC RECORDS OF This document was prepared by: JEFFREY R SMITH, CLERK OF COURT Indian River County Attorney's Office INDIAN RIVER COUNTY FL 1801 27th Street BK: 2967 PG: 1574 Page 1 of 3 9/23/2016 9:05 AM Vero Beach, FL 32960 D DOCTAX PD$0.70 (772)226-1425 QUIT-CLAIM DEED THIS QUIT-CLAIM DEED, executed this day of , 2016, by FLORIDA POWER & LIGHT COMPANY, a Florida corporation, rantor, whose mailing address is 700 Universe Boulevard (CREMB), Juno Beach, FL 33408, to INDIAN RIVER COUNTY, a political subdivision of the State of Florida, Grantee, whose mailing address is 1801 27th Street, Vero Beach, FL 32960. WITNESSETH : That Grantor, for and in consideration of the sum of One Dollar ($1.00), in hand paid by Grantee, the receipt whereof is hereby acknowledged, and other good and valuable consideration, does hereby quit-claim unto Grantee, its successors and assigns forever, all the right, title, interest, claim and demand which Grantor has in and to the following described lot, piece or parcel of land, situate, lying and being in the County of Indian River, State of Florida, to-wit: See Exhibit "A" IN WITNESS WHEREOF, Grantor has signed and sealed these presents the day and year first above written. j Signed in the presence of: FLORIDA POWER & Lld COMPANY, a Florid orporation/ -1 sign: � printed name: sign: "> _. prin ed name" Epan J_ Girard printed name: qf �� title: ,�,hMVO ReW N& STATE OF FLjQR1UA COUNTY OF The foregoing instrument was a know�11edged before me this . day of 2016, by Nan J.GiraM the F RIDA MWER & LIGHT COMPANY, a Florida corporation, on behaft of and w1ifi the authority of said corporation. He/she is personally known to me or who has produced as identlflca Ion. NOTARY PUBLIC sign: d printed ame: bl. Iatry Public State of Florida Commission No.: r° Michelle M Kahmann yCommission Expiration:- o+� y rees09l;6/2019 1at33 Exhibit A LEGAL DESCRIPTION A portion of Tract 7, in Section 26, Township 33 South, Range 38 East, Indian River County, Florida, according to the last general plat of the lands of INDIAN RIVER FARMS COMPANY, filed in the office of the Clerk of the Circuit Court of St. Lucie County, Florida, in Plat Book 2, Page 25; said now situate, lying and being in Indian River County, Florida, LESS AND EXCEPT all rights of way of record for drainage canals and public roads; More Particularly Described as Follows: COMMENCE at the Southwest corner of said Tract 7, proceed North 0.15'09" East, a distance of 30.00 feet; thence South 89'48'18" East, a distance of 30.00 feet to the Point Of Beginning of this description; thence North 00'15'09" East, along a line 30.0 feet East of and parallel to the West line of said Tract 7, and the East line of canal D-3, as shown on said plat, a distance of 50.00 feet; thence South 44'46'35" East, a distance of 70.68 feet to a point 30 feet North of the South line of said Tract 7, also being the North line of a 30 foot Road Right—of—way as shown on said plat; thence North 89'48'18" West, along a line 30 feet North of and parallel to the South line of said Tract 7, a distance of 50.00 feet to the POINT OF BEGINNING. NOTES: 1.) NOT VALID WITHOUT THE SIGNATURE AND ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER. 2.) THE BEARINGS SHOWN HEREON ARE REFERENCED TO THE WEST LINE OF TRACT 7, IN SECTION 26, TOWNSHIP 33 SOUTH, RANGE 38 EAST, INDIAN RIVER COUNTY, FLORIDA, ACCORDING TO THE LAST GENERAL PLAT OF THE LANDS OF INDIAN RIVER FARMS COMPANY, FILED IN THE OFFICE OF THE CLERK OF THE CIRCUIT COURT OF ST. LUCIE COUNTY, FLORIDA, IN PLAT BOOK 2, PAGE 25; SAID NOW SITUATE, LYING AND BEING IN INDIAN RIVER COUNTY, FLORIDA,HAVING A REFERENCE BEARING OF NORTH 0 1VO91 i EAST. 3.) THlf,;'L-ANb DEStR•IPTION" SHOWN HEREON WAS PROVIDED BY THE SURVEYOR. 4.),T i"'IS.:N.(7T,'A_8QUNDARY SURVEY. 5. NQT VALID WI1H6-T=SHEET 2 OF 2. Tholmas, P''icerna'q Date Profe�sipnal;SQr,i/eyKogc Mapper Sheet 1 of 2 Florida d6 ti>fcate�`fyo. 6199 DESCRIPTION File:15-073 SKETCH C U L P E P P E R Sc T E R P E N I N G, I N C Date: 10-14-2015 CONSULTING ENGINEERS ' LAND SURVEYORS OF 2980 SOUTH 25th STREET.PORT PIERCE,FLORIDA 34981 A PORTION OF TRACT 7 PHONE 772-464-3537-FLAGLERAVE U -STUART.FLORIDACu4994 1515W FLAGIBR AVENUE•STUART, LORID34994 PHONE n2-220-3376.PAXn2-464-%97.--g— Tech:RIVER FARMS CO. PLAT Tech RNJ ST..>E°Fa°"°ecEznechn°N SKETCH TO ACCOMPANY LEGAL DESCRIPTION THIS IS NOT A SURVEY I� I Qa F- Cy I00 QLj3:: to fy-Z0LIJ zI0NQ –1 W ZZ - TRACT 6 U) J O V) TRACT 7 INDIAN RIVER FARMS CO. 3 U INDIAN RIVER FARMS CO. PLAT OF LANDS AND PLAN FOR LAND I W N PLAT OF LANDS AND PLAN FOR LAND DRAINAGE AND ROAD RESERVATIONS DRAINAGE AND ROAD RESERVATIONS PLAT BOOK 2, PAGE 25, FORMERLY ST. LUCIE,I PLAT BOOK 2, PAGE 25, FORMERLY ST. LUCIE, NOW INDIAN RIVER COUNTY, FLORIDA 30.00 3000 I NOW INDIAN RIVER COUNTY, FLORIDA Q of I a 1 O Q o LO sA LO o POINT 0 o Z BEGINNING (D N89'48'18"W 50.00' (REFERENCE BEARING) NO'15'09"E 30.00' \-S89'48'18"E 30.00' 60' ROAD RIGHT-OF-WAY PLAT BOOK 2, PAGE 25 POINT OF COMMENCEMENT SW CORNER OF TRACT 7 k CENTER OF SECTION 26, TOWNSHIP 33 SOUTH, RANGE 38 EAST, AND THE SOUTHWEST CORNER TRACT 7 I GRAPHIC SCALE 40 0 20 40 ( WFM I Inch- 40 n NOT VALID WITHOUT SHEET 1 OF 2. Sheet 2 of 2 SKETCH OF DESCRIPTION File:15-073 SKETCH CULPEPPER & TERPENING, INC Date: 10-14-2015 CONSULTING ENGINEERS I LAND SURVEYORS OF 2980 SOUTH 25th S Re=•FORT PDMCE,FLORIDA 34981 A PORTION OF TRACT 7 PRONE FIAG43537• 14URAX -STUART,7.�.��— 151 SW FLAGLER AVENUE• TVARFLORIDA 34994 f PHONE 772-220-3376•PAX 772-4649497.www.ccemg.com INDIAN RIVER FARMS CO. PLAT Tech: RNJ sT.+reOF MA CUTIRCMION K.U5 3120160054642 RECORDED IN THE PUBLIC RECORDS OF JEFFREY R SMITH, CLERK OF COURT INDIAN RIVER COUNTY FL SQUIRE PATTON BOGGS(US)LLP BK: 2967 PG 1577 Page 1 of 3 9/23/2016 9:05 AM 1900 Phillips Point West 777 South Flagler Drive West Palm Beach,FL 33401 Attention:Gregory E.Young,Esq. Parcel ID: Being a portion of 3,3382-6-00001-0070-0000 1.0 Z� KNOW ALL MEN BY THESE PRESENTS: RELEASE NO. 1013-R-126 WHEREAS, the Florida Power& Light Company (hereinafter called FPL), a corporation of the State of Florida, executed and delivered to Bankers Trust Company (now known as Deutsche Bank Trust Company Americas) and The Florida National Bank of Jacksonville, as Trustees, its Mortgage and Deed of Trust dated January 1, 1944, officially recorded in the Indian River County Public Records in Mortgage Book 26,page 1, as supplemented,(which Mortgage and Deed of Trust, as so supplemented, is hereinafter referred to as the Mortgage and Deed of Trust) and the property hereinafter described is subject to the lien of said Mortgage and Deed of Trust;and WHEREAS, Bankers Trust Company (now known as Deutsche Bank Trust Company Americas) and Florida National Bank, as Trustees, did execute as of the 23"i day of November 1973 a Notice Under Marketable Record Titles to Real Property Act, Florida Statutes,Chapter 712,as to said Mortgage and Deed of Trust,as supplemented,and did cause said Notice to be recorded on the 20th day of December 1973 in Official Records Book 454, page 302, of the Public Records of Indian River County,Florida;and WHEREAS,pursuant to and in compliance with the Mortgage and Deed of Trust the Co-Trustee resigned effective September 2, 1992, and all the right, title and powers of the Trustees under the Mortgage are now held by the Corporate Trustee;and WHEREAS, Deutsche Bank Trust Company Americas, as Corporate Trustee, did execute as of the 18th day of November 2003 a Notice Under Marketable Record Titles to Real Property Act,Florida Statutes, Chapter 712, as to said Mortgage and Deed of Trust,as supplemented, and did cause said Notice to be recorded on the 10th day of December 2003 as Official Records Book 1669,page 1506 of the Public Records of Indian River County,Florida;and WHEREAS it has been certified to the Corporate Trustee that FPL is not in default in the payment of the interest on any bonds outstanding under said Mortgage and Deed of Trust and that none of the defaults defined in Section 65 of said Mortgage and Deed of Trust has occurred;and WHEREAS, an application of FPL for the release of the hereinafter described property free from the lien of said Mortgage and Deed of Trust pursuant to the provisions of Section 59 thereof has been made, and Deutsche Bank Trust Company Americas, as Corporate Trustee under said Mortgage and Deed of Trust, is in receipt of the Certified Copy of Resolutions, an Officers' Certificate, Engineer's Certificate and Further Engineer's Certificate, and Opinion of Counsel, all as required by the provisions of said Section 59; NOW, THEREFORE, Deutsche Bank Trust Company Americas, in consideration of the premises and pursuant to the authority vested in it as Corporate Trustee under said Mortgage and Deed of Trust, does hereby release, remise and quitclaim unto FPL all the right, title and interest of such Corporate Trustee in and to the following described real property situated in: A portion of Tract 7, in Section 26, Township 33 South, Range 38 East, Indian River County,Florida, according to the last general plat of the lands of INDIAN RIVER FARMS COMPANY,filed in the office of the Clerk of the Circuit Court of St. Lucie County, Florida, in Plat Book 2, Page 25; said now situate, lying and being in Indian River County, Florida, LESS AND EXCEPT all rights of way of record for drainage canals and public roads; More Particularly Described as Follows: COMMENCE at the Southwest comer of said Tract 7,proceed North 0*15'09"East,a distance of 30.00 feet;thence South 89'48'18"East,a distance of 30.00 feet to the Point Of Beginning of this description;thence North 00°15'09"East,along a line 30.0 feet East of and parallel to the West line of said Tract 7,and the East line of canal 0-3,as shown on said plat,a distance of 50.00 feet;thence South 44'46'35"East,a distance of 70.68 feet to a point 30 feet North of the South line of said Tract 7,also being the North line of a 30 foot Road Right-of-way as shown on said plat;thence North 89*48'18"West, along a line 30 feet North of and parallel to the South line of said Tract 7,a distance of 50.00 feet to the POINT OF BEGINNING. TO HAVE AND TO HOLD the properties hereby released and remised to FPL,its successors and assigns,to its and their own proper use,benefit and behoof forever,free,clear and discharged of and from any and all liens and claims under and by virtue of said Mortgage and Deed of Trust. It is the intention of Deutsche Bank Trust Company Americas, the Corporate Trustee, as aforesaid, to fully release the above-described real property from the lien of the Mortgage and Deed of Trust as supplemented by all Supplemental Indentures thereto and consequently, if any Supplemental Indentures have been recorded prior to the recordation of this Release, then this instrument, intended to be a full and complete Release, shall operate to release said property from the lien of any such additional Supplemental Indenture or Indentures. PROVIDED, HOWEVER, that nothing herein contained shall be construed to affect the residue of the security held by Deutsche Bank Trust Company Americas, the Corporate Trustee, as aforesaid, by virtue of said Mortgage and Deed of Trust or to release the payment of any part of the monies, principal or interest, thereby secured and that may now remain unpaid. The recitals herein contained are made by FPL and not by the Corporate Trustee and the Corporate Trustee assumes no responsibility in respect thereof. IN WITNESS WHEREOF, Deutsche Bank Trust Company Americas, as Corporate Trustee,has caused its corporate name to be hereunto affixed and this instrument to be signed by one of its Vice Presidents and its corporate seal to be hereunto affixed and attested by one of its Assistant-Vice Presidents in the City of New York, New York,as of this day of 2016. DEUTSCHE BANK TRUST COMPANY AMERICAS,AS Witness as to execution by CORPORATE TRUSTEE Deutsche Bank Trust Company Americas: By Name: Name(print): .4 (print) y Title: Vice President ATTEST: Name: Name(print): (print) Title: Assistant Vice President 2 STATE OF NEW YORK Ss COUNTY OF NEW YORK On the) day of 2016 before me personally came to me known, who,being by me duly sworn, did depose and say that he/she resides at that he/she is a Vice President of DEUTSCHE BANK TRUST COMPANY AMERICAS, one of the corporations described in and which executed the above instrument; that he/glie knows the seal of said corporation; that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said corporation,and that he�gfie signed his/her name thereto by like order. I HEREBY CERTIFY that on this f day of ?016 before me personally appeared And respectively a Vice President and an Asociate-of DEUTSCHE BANK TRUST COMPANY AMERICAS, a corporation under the laws of the State of New York,to me known to be the persons described in and who executed the foregoing instrument and severally acknowledged the execution thereof to be their free act and deed as such officers, for the uses and purposes therein mentioned; and that they affixed thereto the official seal of said corporation,and that said instrument is the act and deed of said corporation. WITNESS my signature and official seal at New York, in the outy of New York and State of New York,the day and year last aforesaid. :;r .4 Nublic "' P My Commission Expires: Stat New York ULiA ENGEL NO 1AHY PUBLIC STATE OF NEW YORK QUALIFIED IN NEW YORK COUNTY NO.02EN6194015