HomeMy WebLinkAbout2018-276ASQUIRE PATTON BOGGS (US) LLP
1900 Phillips Point West
777 South Flagler Drive
West Palm Beach, FL 33401
Attention: Gregory E. Young, Esq.
Parcel ID: 333 81500001012000001.010
KNOW ALL MEN BY THESE PRESENTS:
3120180075305
RECORDED IN THE PUBLIC RECORDS OF
JEFFREY R SMITH, CLERK OF COURT
INDIAN RIVER COUNTY FL
BK: 3170 PG: 1742 Page 1 of 4 12/14/2018 9:58 AM
RELEASE NO. 1026-R-138
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`d 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, ofthe 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 1 Oth day of December
2003 as Oficial 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 Arnericas, 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:
BEING A PORTION OF TRACT 12, INDIAN RIVER FARMS CO. SUBDIVISION PLAT BOOK 2,
PAGE 25 LYING IN ST. LUCIE COUNTY NOW INDIAN RIVER COUNTY, FLORIDA, BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS;
COMMENCE AT THE WEST 1/4 CORNER OF SECTION 15, TOWNSHIP 33 SOUTH, RANGE 38
EAST, INDIAN RIVER COUNTY, FLORIDA; 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 (LR.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.
BEING A PORTION OF TRACT 12, INDIAN RIVER FARMS CO. SUBDIVISION PLAT BOOK 2,
PAGE 25 LYING IN ST. LUCIE COUNTY NOW INDIAN RIVER COUNTY, FLORIDA, BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS;
COMMENCE AT THE WEST 1/4 CORNER OF SECTION 15, TOWNSHIP 33 SOUTH, RANGE 38
EAST, INDIAN RIVER COUNTY, FLORIDA; 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—'0/AY 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.
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
arid,its co orate seal to be,hereunto affixed and attested by one of its Vice Presidents in the City of New York, New York,
,asof this day of 2018.
e �-1
Witness as to execution by
Deutsche Bank Trust Company Americas:
Name:
ell me j L1_�J
(print J
Name:
(print) A a 4 C-)6xy)
DEUTSCHE BANK TRYST COMPANY AMERICAS, AS
CORPORATE TRUS
By
Name (print): 0& i,Cll
Title: Vice Presiders
ATTEST:
t
Name (print):
Title: Vice President
STATE OF NEW YORK )
SS
COUNTY OF NEW YORK ) p 9
On the , ° ) da of
%t( Y ,�Vll,lawy2018 before me personally came
tome -known, who, being by me duly sworn, did depose and say that he(sgejesides at &D that
he he is a Vice President of DEUTSCHE BANK TRUST COMPAW AMERICAS, one of the corporations
described in and which executed the above instrument; that he/she 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/she signed his/her naive thereto by like order.
I HEREBY CERTIFY that on this/day of 'Ytltt t42018 before me personally appeared
v � l -A CV �..1► c� C l L.c,��i -C.�
A Vice President 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 County of New York and State
of New York, the day and year last aforesaid.
My Commission Expires:
9&-� 1-d o"
Notary Public
State of New York
1101 YAN YAU
NOTARY PUBLIC, STATE OF NEW YORK
I * Registration No. OI YA6254194
salified in King Calmly
Commission Expires My 05, 2020