HomeMy WebLinkAbout2018-276This Instrument Prepared By:
Patricia Lakhia, Esquire
Florida Power & Light Company
700 Universe Boulevard, LAW/JB
Juno Beach, FL 33408
and Return Following Recording to:
Property Appraiser's Parcel Identification (Folio Number):
Consideration:
Doc. Stamps:
3120180075304
RECORDED IN THE PUBLIC RECORDS OF
JEFFREY R SMITH, CLERK OF COURT
INDIAN RIVER COUNTY FL
BK: 3170 PG: 1734 Page 1 of 8 12/14/2018 9:58 AM
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SPECIAL WARRANTY DEED OF DONATION
THIS SPECIAL WARRANTY DEED OF DONATION, made this L4 4t—day of
Ql)Q,M�i 20V. ,Iby FLORIDA POWER AND LIGHT COMPANY, a Florida
corporation, whose mailing address is 700 Universe Boulevard, TAX/JB, Juno Beach, Florida
33408, hereinafter called "Grantor", to INDIAN RIVER COUNTY, a political subdivision of
the State of Florida, whose mailing address is 1801 27th Street, Vero Beach, Florida 32960,
hereinafter called "Grantee". Whenever used herein the terms "Grantor" and "Grantee" include
all the parties to the instrument and the heirs, legal representatives, and assigns of individuals,
and the successors and assigns of corporations, wherever the context so admits or requires.
WITNESSETH:
That Grantor, for and in consideration of the sum of $1.00, donative and other consideration, the
receipt and sufficiency of which is hereby ' acknowledged, hereby grants, bargains, donates,
aliens, remises, releases, conveys, and confirms unto Grantee all that certain parcel of land,
situate in Indian River County, Florida, as more particularly described on the attached Exhibit
"A", which exhibit is incorporated and made a part hereof (the "Property").
GRANTOR HEREBY RESERVES, to itself its successors and assigns, an easement forever
on, over, under across and through the Property at the locations shown on the attached Exhibit
"A" for the construction, operation and maintenance of overhead and underground electric utility
facilities (including wires, poles, guys, anchors, cables, conduits and appurtenant equipment) to
be installed from time to time; with the right to reconstruct, improve, add to, enlarge, change the
voltage, as well as, the size of and remove such facilities or any of them within such easements,
together with the right to permit any other person, firm or corporation to attach wires to any of
Grantor's facilities hereunder and to lay cable and conduit within the easement and to operate the
same for communications purposes; the right of ingress and egress to said easement areas at all
times; the right to clear the land and keep it cleared of all trees, undergrowth and other obstructions
within such easement areas; to trim and cut and keep trimmed and cut all dead, weak, leaning or
dangerous trees or limbs outside of the easement areas which might interfere with or fall upon the
lines or systems of communications or power transmission or distribution.
SUBJECT TO reservations, restrictions, rights-of-way and easements of public record, all
applicable governmental zoning and land use ordinances, restrictions and prohibitions and other
requirements imposed by governmental authority; and taxes and assessments for all subsequent
years.
TOGETHER with all the tenements, hereditaments and appurtenances there to belonging or in
anywise appertaining.
TO HAVE AND TO HOLD the same in fee simple forever.
Grantor hereby covenants with said Grantee that Grantor is lawfully seized of said land in fee
simple; that Grantor has good right and lawful authority to donate and convey said land, and
hereby specially warrants the title to the Property and will defend the same against the lawful
claims of all persons whomsoever claiming by, through or under the Grantor, but against no
others.
(Signature page follows)
IN WITNESS WHEREOF, said Grantor has caused this Special Warranty Deed of Donation to
be executed as the day and year first above written.
Signed, sealed and delivered in the presence of:
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MIMI/.1�LLL�
Printed Name
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Wi ness Si "Hull
Printed Name
STATE OF FLORIDA
COUNTY OF PALM BEACH
FLORIDA POWER & LIGHT COMPANY,
A Florida Corporation
By:
Timothy O ' ,
Vice President of Corporate Real Estate
ACKNOWLEDGEMENT
SS:
The foregoing instrument was acknowledged before me this l' day of,
2018, by Timothy Oliver, Vice President of Corporate Real Estate of FLORIDA POWER &
LIGHT COMPANY, a Florida corporation, personally known to me to be the person who
subscribed to the foregoing instrument and acknowledged that he was duly authorized so to do.
(Notary Seal)
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NOTARY PUBLIC, STA OF FLORIDA
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Notary Public State of Florida
Michelle M Kahmann
My Commission
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NOTARY PUBLIC, STA OF FLORIDA
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IN WITNESS WHEREOF, the Board has accepted this Special Warranty Deed for right-
of-way as of the Effective Date.
BOARD OF COUNTY COMMISSIONERS'•�o.... !o
INDIAN RIVER COUNTY, FLORIDA
BY:
Bob Sora i, Chairman
"
BGC Approved: December 11, 2018
Attest: Jeffrey R. Smith, Clerk of Court and
Comptroller
By: ajv� hu�� -A Ll�-
Deputy Clerk
Approved as to form and legal sufficiency
William K. DeBraal
Deputy County Attorney
By
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Col
"EXHIBIT A"
LEGAL DESCRIPTION
BEING A PORTION OF TRACT 12, SECTION 15, TOWNSHIP 33 SOUTH, RANGE 38. EAST, INDIAN RIVER FARMS
CO. SUBDIVISION PLAT BOOK 2, PAGE 25, AS RECORDED IN THE PUBLIC RECORDS OF ST. LUCIE COUNTY,
NOW INDIAN RIVER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS;
COMMENCE AT THE WEST 1/4 CORNER OF SAID SECTION 15; THENCE SOUTH 89'38'29" EAST, ALONG THE
1/4 SECTION LINE, A DISTANCE OF 150.00 FEET, THENCE SOUTH 00'09'35" WEST, A DISTANCE OF 50.00
FEET TO THE SOUTH RIGHT—OF—WAY OF 4th STREET (A 100.00 FOOT WIDE RIGHT—OF—WAY); THENCE
SOUTH 89'38'29" EAST, ALONG THE SOUTH RIGHT—OF—WAY OF 4th STREET, A DISTANCE OF 60.00 FEET TO
THE POINT OF BEGINNING OF THE FOLLOWING DESCRIBED PARCEL;
THENCE CONTINUE SOUTH 89'38'29" EAST, ALONG THE SOUTH RIGHT—OF—WAY OF 4th STREET, A DISTANCE
OF 586.00 FEET; THENCE SOUTH 00'09'35" WEST, A DISTANCE OF 60.00 FEET; THENCE NORTH 89'38'29"
WEST, A DISTANCE OF 586.00 FEET, THENCE NORTH 00'09'35" EAST, A DISTANCE OF 60.00 FEET TO THE
SOUTH RIGHT—OF—WAY OF 4th STREET AND THE POINT OF BEGINNING.
CONTAINING 0.807 ACRES, MORE OR LESS.
RESERVING UNTO THE GRANTOR THE FOLLOWING DESCRIBED EASEMENT No. 1 FOR ELECTRIC UTILITY
IMPROVEMENTS:
COMMENCING AT THE NORTHWEST CORNER OF THE ABOVE DESCRIBED PARCEL; THENCE ALONG THE NORTH
LINE OF SAID PARCEL SOUTH 89'38'29" EAST, A DISTANCE OF 59.25 FEET TO THE POINT OF BEGINNING;
THENCE CONTINUE SOUTH 89'38'29" EAST, A DISTANCE OF 10.00 FEET; THENCE PARALLEL WITH THE WEST
LINE OF SAID PARCEL SOUTH 00'09'35" WEST, TO THE SOUTH LINE OF SAID PARCEL, A DISTANCE OF 60.00
FEET, THENCE ALONG SAID SOUTH LINE, NORTH 89'38'29" WEST, A DISTANCE OF 10.00 FEET; THENCE
PARALLEL WITH SAID WEST LINE NORTH 00'09'35" EAST, TO SAID NORTH LINE, A DISTANCE OF 60.00 FEET
TO THE PLACE AND POINT OF BEGINNING.
RESERVING UNTO THE GRANTOR THE FOLLOWING DESCRIBED EASEMENT No. 2 FOR ELECTRIC UTILITY
IMPROVEMENTS:
COMMENCING AT THE NORTHWEST CORNER OF THE ABOVE DESCRIBED PARCEL; THENCE ALONG THE NORTH
LINE OF SAID PARCEL SOUTH 89'38'29" EAST, A DISTANCE OF 379.25 FEET TO THE POINT OF BEGINNING;
THENCE CONTINUE SOUTH 89'38'29" EAST, A DISTANCE OF 11.24 FEET, THENCE SOUTH 27'31'01" WEST, TO
THE SOUTH LINE OF SAID PARCEL, A DISTANCE OF 67.44 FEET; THENCE ALONG SAID SOUTH LINE, NORTH
89'38'29" WEST, A DISTANCE OF 11.24 FEET, THENCE NORTH 27'31'01" EAST, TO SAID NORTH LINE, A
DISTANCE OF 67.44 FEET TO THE PLACE AND POINT OF BEGINNING.
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 PROPERTY OR MONUMENTS SET IN CONNECTION WITH
THE PREPARATION OF THE INFORMATION SHOWN HEREON.
NOTE: LANDS SHOWN HEREON WERE NOT ABSTRACTED FOR RIGHT—OF—WAY AND/OR EASEMENTS OF RECORD.
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CULPEPPER & TERPENING, INC
CONSULTING ENGINEERS I LAND SURVEYORS
2980 SOUTH 25th STREET • FORT PIERCE; FLORIDA 34981
151 SW FLAGLER AVENUE • STUART, FLORIDA 34994
PHONE 7724643537 • FAX 772-464-9497 o www.ct-eng.com
STATE OF FLORIDA CERTIFICKRON No. LB 4286
RIGHT-OF-WAY
4th Street
DESCRIPTION
JOB NO: 16-189s&d rw 4th at
SCALE: N/A
DRAWN BY: GLM
I DATE 04-21-2017
"EXHIBIT A"
SKETCH TO ACCOMPANY LEGAL DESCRIPTION
1,,, .... THIS IS NOT A SURVEY 16
WEST LINE OF SECTION 15
WEST DIKE
I.R.F.W.C.D.
150.00' RIGHT-OF-WAY
EAST RIGHT-OF-WAY
PROPOSED 98th AVENUE
—60' RIGHT-OF-WAY—
GRAPHIC SCALE
100 0 50 100
IN FlE )
1 inch = 100 &
PORTION OF TRACT 12,
INDIAN RIVER FARMS CO. SUBDIVISION
PLAT BOOK 2, PAGE 25
LYING IN ST. LUCIE COUNTY NOW
INDIAN RIVER COUNTY, FLORIDA
ABANDONED CITRUS GROVE
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N00'09'35"EI 10
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60.00'
60.00'
SI 0'09'35"W
10' EASEMENT
RESERVATION No. 1
10' UE
O.R.B. 887, PAGE 2723
PUBLIC RECORDS OF
INDIAN RIVER COUNTY
BE = BURIED ELECTRIC
TOB = TOP OF BANK
O.R.B. = OFFICIAL RECORDS BOOK
I.R.F.W.C.D. = INDIAN RIVER FARMS WATER CONTROL DISTRICT
UE = UTILITY EASEMENT
POB = POINT OF BEGINNING
POC = POINT OF COMMENCEMENT
PLS = PROFESSIONAL LAND SURVEYOR
BEARINGS SHOWN HEREON ARE RELATIVE TO
THE NORTH LINE OF THE SOUTHWEST 1/4 OF
SECTION 15, TOWNSHIP 33 SOUTH, RANGE 38
EAST HAVING A BEARING OF S8938'29"W
INDIAN RIVER FARMS CO. SUBDIVISION
PLAT BOOK 2. PAGE 25
10' EASEMENT'
RESERVATION No. 2
10' UE
O.R.B. 887, PAGE 2720
PUBLIC RECORDS OF
INDIAN RIVER COUNTY
S00'09'35"W
60.00'
CULPEPPER & TERPENING, INC
CONSULTING ENGINEERS I LAND SURVEYORS
2980 SOUTH 25th STREET • FORT PIERCE, FLORIDA 34981
151 SW FLAGLER AVENUE • STUART, FLORIDA 34994
PHONE 772-4643537 • FAX 772-464-9497 . www.ct-cn&com
STATE OF FLORIDA CEXI"IFICKITON No. LD 4286
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JOB NO: 16-189sdtd rw 4th et
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60.00'
SI 0'09'35"W
10' EASEMENT
RESERVATION No. 1
10' UE
O.R.B. 887, PAGE 2723
PUBLIC RECORDS OF
INDIAN RIVER COUNTY
BE = BURIED ELECTRIC
TOB = TOP OF BANK
O.R.B. = OFFICIAL RECORDS BOOK
I.R.F.W.C.D. = INDIAN RIVER FARMS WATER CONTROL DISTRICT
UE = UTILITY EASEMENT
POB = POINT OF BEGINNING
POC = POINT OF COMMENCEMENT
PLS = PROFESSIONAL LAND SURVEYOR
BEARINGS SHOWN HEREON ARE RELATIVE TO
THE NORTH LINE OF THE SOUTHWEST 1/4 OF
SECTION 15, TOWNSHIP 33 SOUTH, RANGE 38
EAST HAVING A BEARING OF S8938'29"W
INDIAN RIVER FARMS CO. SUBDIVISION
PLAT BOOK 2. PAGE 25
10' EASEMENT'
RESERVATION No. 2
10' UE
O.R.B. 887, PAGE 2720
PUBLIC RECORDS OF
INDIAN RIVER COUNTY
S00'09'35"W
60.00'
CULPEPPER & TERPENING, INC
CONSULTING ENGINEERS I LAND SURVEYORS
2980 SOUTH 25th STREET • FORT PIERCE, FLORIDA 34981
151 SW FLAGLER AVENUE • STUART, FLORIDA 34994
PHONE 772-4643537 • FAX 772-464-9497 . www.ct-cn&com
STATE OF FLORIDA CEXI"IFICKITON No. LD 4286
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Page 2 of 2
RIGHT-OF-WAY
4th Street
SKETCH OF DESCRIPTION
JOB NO: 16-189sdtd rw 4th et
SCALE:1-=106'
DRAWN BY: GLM
DATE: 04-21-2017
"EXHIBIT A"
LEGAL DESCRIPTION
BEING A PORTION OF TRACT 12, SECTION 15, TOWNSHIP 33 SOUTH, RANGE 38 EAST, INDIAN RIVER FARMS CO.
SUBDIVISION PLAT BOOK 2, PAGE 25, AS RECORDED IN THE PUBLIC RECORDS OF ST. LUCIE COUNTY, NOW INDIAN
RIVER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS;
COMMENCE AT THE WEST 1/4 CORNER OF SAID SECTION 15; THENCE SOUTH 89'38'29" EAST, ALONG THE 1/4
SECTION LINE, A DISTANCE OF 150.00 FEET; THENCE SOUTH 00'09'35" WEST, A DISTANCE OF 50.00 FEET TO
THE SOUTH RIGHT—OF—WAY OF 4th STREET (A 100.00 FOOT WIDE RIGHT—OF—WAY) AND TO THE POINT OF
BEGINNING OF THE FOLLOWING DESCRIBED PARCEL;
THENCE SOUTH 89'38'29" EAST, ALONG THE SOUTH RIGHT—OF—WAY OF 4th STREET, A DISTANCE OF 60.00 FEET;
THENCE SOUTH 00'09'35" WEST, A DISTANCE OF 783.30 FEET, THENCE NORTH 89'38'29" WEST, A DISTANCE OF
60.00 FEET TO THE EAST RIGHT—OF—WAY OF INDIAN RIVER FARMS WATER CONTROL DISTRICT (I.R.F.W.C.D.) (A
150.00 FOOT WIDE RIGHT—OF—WAY); THENCE NORTH 00'09'35" EAST, ALONG THE EAST RIGHT—OF—WAY OF INDIAN
RIVER FARMS WATER CONTROL DISTRICT, A DISTANCE OF 783.30 FEET TO THE SOUTH RIGHT—OF—WAY OF 4th
STREET AND THE POINT OF BEGINNING.
CONTAINING 1.079 ACRES, 'MORE OR LESS.
RESERVING UNTO THE GRANTOR THE FOLLOWING DESCRIBED EASEMENT No. 1 FOR ELECTRIC UTILITY
IMPROVEMENTS:
COMMENCING AT THE NORTHWEST CORNER OF THE ABOVE DESCRIBED PARCEL; THENCE ALONG THE WEST LINE
OF SAID PARCEL SOUTH 00'09'35" WEST, A DISTANCE OF 153.50 FEET TO THE POINT OF BEGINNING; THENCE
PARALLEL TO THE NORTH LINE OF SAID PARCEL, SOUTH 89'38'29" EAST, TO THE EAST LINE OF SAID PARCEL, A
DISTANCE OF 60.00 FEET; THENCE ALONG SAID EAST LINE, SOUTH 00'09'35" WEST, A DISTANCE OF 10.00 FEET;
THENCE PARALLEL SAID NORTH LINE, NORTH 89'38'29" WEST, TO SAID WEST LINE, A DISTANCE OF 60.00 FEET;
THENCE ALONG SAID WEST LINE, NORTH 00'09'35" EAST, A DISTANCE OF 10.00 FEET TO THE PLACE AND POINT
OF BEGINNING.
ALSO,
RESERVING UNTO THE GRANTOR THE FOLLOWING DESCRIBED EASEMENT No. 2 FOR ELECTRIC UTILITY
IMPROVEMENTS:
COMMENCING AT THE NORTHWEST CORNER OF THE. ABOVE DESCRIBED PARCEL; THENCE ALONG THE WEST LINE
OF SAID PARCEL SOUTH 00'09'35" WEST, A DISTANCE OF 440.70 FEET TO THE POINT OF BEGINNING; THENCE
PARALLEL TO THE NORTH LINE OF SAID PARCEL, SOUTH 89'38'29" EAST, TO THE EAST LINE OF SAID PARCEL, A
.DISTANCE OF 60.00 FEET; THENCE ALONG SAID EAST LINE, SOUTH 00'09'35" WEST, A DISTANCE OF 150.00 FEET;
THENCE PARALLEL SAID NORTH LINE, NORTH 89'38'29" WEST, TO SAID WEST LINE, A DISTANCE OF 60.00 FEET;
THENCE ALONG SAID WEST LINE, NORTH 00'09'35" EAST, A DISTANCE OF 150.00 FEET TO THE PLACE AND POINT
OF BEGINNING.
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 PROPERTY OR MONUMENTS SET IN CONNECTION WITH
THE PREPARATION OF THE INFORMATION SHOWN HEREON.
NOTE: LANDS SHOWN HEREON WERE NOT ABSTRACTED FOR RIGHT—OF—WAY AND/OR EASEMENTS OF RECORD.
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CULPEPPER & TERPENING, INC
CONSULTING ENGINEERS I LAND SURVEYORS
2980 SOUTH 25th STREET • FORT PIERCE, FLORIDA 34981
151 SW FLAGLER AVENUE • STUART, FLORIDA 34994
PHONE 772-4643537 • FAX 772464-9497 . www.ct-eng.com
STATE OF FLORIDA CERTIFICATION No. LB 4286
RIGHT-OF-WAY
98th Avenue
DESCRIPTION
09 N0: 16-189s&d rw 98th ave
SCALE: N/A
RAWN BY: GLM
DATE: 04-21-2017
"EXHIBIT A" 1/4 STECTIONOWNSHIPN 3 SOUTH, 15,
----__—_-- 16�15 _ _— — _— RANGE 38 EAST I_R_F.W.C_D__
S89'38 29 E 150.00 I S89'38 29"E ioo.00' RIGHT -OF- AY ---
(REFERENCE BEARING) I AKA (4th STREET
WEST 1/4 CORNER
SECTION 15,
TOWNSHIP 33 SOUTH,
RANGE 38 EAST
60.00
POC
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POB(1)--)
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RESERVATION No. 1
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10' UE
60.00' o O.R.B. 887, PAGE 2720
1=/=/I o PUBLIC RECORDS OF
60.00_ 1 o INDIAN RIVER COUNTY
RIGHT-OF-WAY
v PROPOSED 60'
4th ST RIGHT-OF-WAY
10' UE
O.R.B. 887, PAGE 2723
PUBLIC RECORDS OF
INDIAN RIVER COUNTY
INDIAN RIVER FARMS CO. SUBDIVISION
CULPEPPER & TERPENING, INC
CONSULTING ENGINEERS I LAND SURVEYORS
2980 SOUTH 25th STREET • FORT PIERCE, FLORIDA 34981
151 SW FLAGLER AVENUE • STUART, FLORIDA 34994
19 PHONE 772-464-3537 • FAX 772-464-9497 . www.ct-cng.com
STATE OF FLORIDA CERTIFICATION No. LB 4286
2of2
RIGHT-OF-WAY
98th Avenue
w/
JOB NO: 16-189s&d rw 98th ad
SCALE:1-=100'
SKETCH TO ACCOMPANY
EAST!
'160_00'/
-DF-WAY
BE = BURIED ELECTRIC
LEGAL DESCRIPTION
I
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THIS IS NOT A SURVEY
I.R.F.W.C.D. = INDIAN RIVER FARMS WATER CONTROL DISTRICT
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INDIAN RIVER FARMS CO. SUBDIVISION
CULPEPPER & TERPENING, INC
CONSULTING ENGINEERS I LAND SURVEYORS
2980 SOUTH 25th STREET • FORT PIERCE, FLORIDA 34981
151 SW FLAGLER AVENUE • STUART, FLORIDA 34994
19 PHONE 772-464-3537 • FAX 772-464-9497 . www.ct-cng.com
STATE OF FLORIDA CERTIFICATION No. LB 4286
2of2
RIGHT-OF-WAY
98th Avenue
w/
JOB NO: 16-189s&d rw 98th ad
SCALE:1-=100'
89'38'29"
DATE 04-21-2017
'160_00'/
BE = BURIED ELECTRIC
TOB = TOP OF BANK
O.R.B. = OFFICIAL RECORDS BOOK
I.R.F.W.C.D. = INDIAN RIVER FARMS WATER CONTROL DISTRICT
UE = UTILITY EASEMENT
POB = POINT OF BEGINNING
POC = POINT OF COMMENCEMENT
PLS = PROFESSIONAL LAND SURVEYOR
BEARINGS SHOWN HEREON ARE RELATIVE TO
THE NORTH LINE OF THE SOUTHWEST 1/4 OF
SECTION 15, TOWNSHIP 33 SOUTH, RANGE 38
EAST HAVING A BEARING OF S89'38'29"W
FENCE 3.0'—
N89'38'29"W
OUTSIDE
60.00'
PROPERTY
INDIAN RIVER FARMS CO. SUBDIVISION
CULPEPPER & TERPENING, INC
CONSULTING ENGINEERS I LAND SURVEYORS
2980 SOUTH 25th STREET • FORT PIERCE, FLORIDA 34981
151 SW FLAGLER AVENUE • STUART, FLORIDA 34994
19 PHONE 772-464-3537 • FAX 772-464-9497 . www.ct-cng.com
STATE OF FLORIDA CERTIFICATION No. LB 4286
2of2
RIGHT-OF-WAY
98th Avenue
SKETCH OF DESCRIPTION
JOB NO: 16-189s&d rw 98th ad
SCALE:1-=100'
DRAWN BY: GLM
DATE 04-21-2017