HomeMy WebLinkAbout2019-063Prepared by:
Office of County Attorney
INDIAN RIVER COUNTY
1801 27th Street
Vero Beach, FL 32960
772-226-1425
UTILITY EASEMENT
A TRUE COPY
CERTIFICATION ON LAST PAGE
J.R. SMITH, CLERK
THIS GRANT OF UTILITY EASEMENT, made and executed this 9th
day of April, 2019, by 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 COUNTY, and the CITY OF VERO BEACH, a
Florida municipal corporation, whose mailing address is P.O. Box 1389, Vero
Beach, FL 32961-1389, hereinafter called CITY;
WITNESSETH:
COUNTY purchased from the City, a 35± acre parcel of property (the
Property) located at the south east corner of 43rd Avenue and 26th Street. The
property was the site of the former Dodgertown Golf Course.
CITY has certain improvements upon the Property that the City needs to
retain, namely a utility easement for City water and sewer lines over the west 15'
of the Property and a small portion over the southwest corner of the Property.
Now, therefore, COUNTY, 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 CITY, an exclusive easement for utilities over,
across, and beneath the following described land, situate in Indian River County,
Florida, to -wit:
See Exhibit "A" attached hereto
And COUNTY hereby covenants with the CITY that the COUNTY is
lawfully seized of said servient land in fee simple, and that the COUNTY 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.
And CITY hereby shall for itself, its successors, and assigns have the
right to use the Easement Premises for purposes not inconsistent with the
Easement granted herein, including without limitation, the right of ingress, egress
and passage for Grantee, and its employees, agents, and contractors on, over,
under, and across the Easement Premises for inspection, construction, and
maintenance of utility pipes, equipment and facilities.
A TRUE COPY
CERTIFICATION ON LAST PAGE
J.R. SMITH, CLERK
IN WITNESS WHEREOF, the COUNTY has executed this Easement as
of the date first set forth above.
INDIAN RIVER COUNTY, FLORIDA
BOARD OF COUNTY COMMISSIONERS
Bob Solari, Chairman
Approved by BCC April 9, 2019
ATTEST:
Jeffrey R. Smith, Clerk of Court and
Comptroller
By:
Approved:
Deputy Cle
Jason :. Bre wn, Cou "Administrator
Approved as to Form and Legal Sufficiency:
4
William K. eBraal, Deputy ounty Attorney
A TRUE COPY
CERTIFICATION ON LAST PAGE
J.R. SMITH, CLERK
Property Description
Water and Sewer Easement
#2018 -EG -233, Rev 1
February 4, 2019
EXHIBIT "A"
PROPERTY DESCRIPTION
WATER & SEWER EASEMENT #2018 -EG -233
PARCELS #32-39-26-00011-0230-00001.3 & 32-39-26-00011-0230-00001.1
Situated in the State of Florida, County of Indian River, City of Vero Beach and
being a part of Section 03, Township 33 South, Range 39 East, and being more
particularly bounded and described as follows:
A water and sewer easement of varying widths: described as follows:
Commencing at the northwest corner of Section 03, Township 33 South, Range
39 East;
Thence South 00°00'47" West along the west line of said Section 3 for a distance
of 72.01;
Thence South 89°45'39" East for a distance of 50.00 feet to a point on the east
right of way line of 43rd Avenue, said point also being the Point of Beginning of a water
and sewer easement;
Thence South 00°00'47" West along the east right of way line of 43rd Avenue for
a distance of 1203.71 feet;
Thence South 07°48'44" East along said east right of way line for a distance of
139.55 feet;
Thence South 00°00'47" West along said east right of way line for a distance of
75.08 feet;
Thence South 10°28'14" West along said east right of way line for a distance of
33.06 feet;
Thence South 00°00'47" West said east right of way line for a distance of 345.67
feet;
Thence South 04°41'53" West along said east right of way line for a distance of
159.16 feet;
Thence South 00°00'47" West along said east right of way line for a distance of
88.90 feet to the southwest corner of Dodgertown Parcel 3-A as recorded in Official
Records Book 1961, Page 968 of the Public Records of Indian River County;
Sheet 1 of 3
A TRUE COPY
CERTIFICATION ON LAST PAGE
J.R. SMITH, CLERK
Thence North 69°22'53" East along the south line of Parcel 3-A for a distance of
104.39 feet;
Thence North 85°09'32" West for a distance of 82.99 feet;
Thence North 00°00'47" East for a distance of 44.52 feet;
Thence North 04°41'53" East for a distance of 159.16 feet;
Thence North 00°00'47" East for a distance of 344.91 feet;
Thence North 10°28'14" East for a distance of 33.06 feet;
Thence North 00°00'47" East for a distance of 77.47 feet;
Thence North 07°48'44" West for a distance of 139.55 feet;
Thence North 00°00'47" East for a distance of 1217.63 feet;
Thence South 45°07'34" West for a distance of 21.17 feet to the Point of
Beginning;
Said easement containing 32,323 square feet or 0.74 acres more or less.
Note: The side lines of the above described easement are to be shortened or prolonged
to meet at angle points, property lines, and right of way lines.
David Gay, PSM #5
S:\Property Descriptions\2019\2018-EG-233_Dodgertown Water and Sewer_Rev 1_Feb 4 2019.doc
Sheet 2 of 3
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A TRUE COPY
CERTIFICATION ON LAST PAGE
J.R. SMITH, CLERK
POINT OF COMMENCEMENT
NW CORNER SECTION 03-33-39
S00°00'47"W
72.01'
S89°45'39"E
50.00'
S00°00'47"W
1203.71'
S07°48'44"E
139.55'
w
Z
w
Q
0
CY
sI
POINT OF BEGINNING
(15' WATER& SEWER EASEMENT)
S45°07'21 "W
21.17'
32-39-26-00011-0230-00001.3
DODGERTOWN PARCEL 1—A
O.R. BK 1961, PG 956
-15.0'
N00°00'47"E
1217.63'
S00°00'47"W
75.08'
S10°28'14"W
33.06'
-69'
S00°00'47"W
345.67'
589'45'38"E 794.99'
32-39-26-00011-0230-00001.2
PORTION OF DODGERTOWN
PARCELS 2—A & 1—C
O.R. BK 2517, PG 547
1
SCALE 1"= 200'
SUBJECT EASEMENT
(15' WATER & SEWER)
N07°48'44"W
139.55'
N00°00'47"E
77.47'
- N 10°28' 14"E
33.06'
SO4°41'53"W -1-
159.16'
S00°00'47"W -�
88.90'
-
THIS SKETCH IS NOT A SURVEY
N00°00'47"E
344.91'
-15.0'
_o3' N04°41'53"E
159.16'
N00°00'47"E
44.52'
N85°09'32"W
82.99' /
- 50' H-
I
N69°22'53"E
104.39'
32— 39 — 26— 00011— 02 30— 00001.1
WESTERN PORTION OF
DODGERTOWN PARCEL 3—A
O.R. BK 1961, PG 968
S02'50'58"E 830.37'
aap 69 /
50 lAc) P�RCj' NPS. G�� ••"
FWp� MP\\ off.• `PjE•• ,.ti.
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DAVID GAY, PSM ,#973
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DATE
SHEET 3 OF 3
CITY OF VERO BEACH
DEPARTMENT OF PUBLIC WORKS
SURVEY & ENGINEERING DIVISION
SKETCH OF PROPERTY DESCRIPTION
WATER AND SEWER EASEMENT
PORTION OF SECTION 03-33-39
EXHIBIT "A"
REV. NO
AUTHRZD.BY
1 RB
CITY PROJECT NO.
2018—EG-233
ORWN BY CHKD BY
DG MKF
DATE
05/2018
DRWN.BY DATE
DO 2/2019
DESCRIPTION
WIDENED ESMT TO 15',
ADJUSTED S. PORTION
Prepared by:
Office of County Attorney
INDIAN RIVER COUNTY
1801 27th Street
Vero Beach, FL 32960
772-226-1425
A TRUE COPY
CERTIFICATION ON LAST PAGE
J.R. SMITH, CLERK
DRAINAGE AND STORMWATER EASEMENT
THIS GRANT OF DRAINAGE AND STORMWATER EASEMENT, made
and executed this 9th day of April, 2019, by 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 COUNTY, and the
CITY OF VERO BEACH, a Florida municipal corporation, whose mailing
address is P.O. Box 1389, Vero Beach, FL 32961-1389, hereinafter called CITY;
WITNESSETH:
COUNTY purchased from the City, a 35± acre parcel of property (the
Property) located at the south east corner of 43rd Avenue and 26th Street. The
property was the site of the former Dodgertown Golf Course.
CITY has certain improvements upon the Property that the City needs to
retain, namely a twenty (20) foot wide drainage easement running from Aviation
Boulevard south to the stormwater pond near the ballfield cloverleaf and an
easement for stormwater over said pond for the proposed expansion of Aviation
Boulevard to four lanes.
Now, therefore, COUNTY, 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 CITY, an non-exclusive easement for drainage and
stormwater over, across, and beneath the following described land, situate in
Indian River County, Florida, to -wit:
See Exhibit "A" and Exhibit "B" attached hereto
And COUNTY hereby covenants with the CITY that the COUNTY is
lawfully seized of said servient land in fee simple, and that the COUNTY has
good right and lawful authority to convey the easements established hereby and
will defend the same against the lawful claims of all persons whomsoever.
And CITY hereby shall for itself, its successors, and assigns have the
right to use the Easement Premises for purposes not inconsistent with the
Easement granted herein, including without limitation, the right of ingress, egress
and passage for Grantee, and its employees, agents, and contractors on, over,
under, and across the Easement Premises for inspection, construction, and
maintenance of utility pipes, equipment and facilities.
AA TRUE COPY
CERTIFICATION ON LAST PAGE
R, SMITH, CLERK
IN WITNESS WHEREOF, the COUNTY has executed this Easement as
of the date first set forth above.
INDIAN RIVER COUNTY, FLORIDA
BOARD OF COUNTY COMMISSIONERS
Bob Solari, Chairman
Approved by BCC April 9, 2019
ATTEST:
Jeffrey R. Smith, Clerk of Court and
Comptroller i� z
S
By: �
Approved:
Deputy Cler
Jason own, Coun y Administrator
Approved as to Form and Legal Sufficiency:
•�;�SsioNF�S•
•
•
•
cn
,t• ,
•
William K. DeBraal, Deputy County Attorney
A TRUE COPY
CERTIFICATION ON LAST PAGE
J.R. SMITH, CLERK
Property Description
Drainage Easement
(#2019 -EG -250A)
February 4, 2019
EXHIBIT "A"
PROPERTY DESCRIPTION
DRAINAGE EASEMENT #2019 -EG -250A
PORTIONS OF DODGERTOWN PARCELS 2-A AND 3-A
PARCEL #'s 32-39-26-00011-0230-00001.2 AND 32-39-26-00011-0230-00001.1
Situated in the State of Florida, County of Indian River, City of Vero Beach, and
being a part of Section 3, Township 33 South, Range 39 East and being more
particularly bounded and described as follows:
A 20' wide drainage easement Tying 10 feet of each side of the following
described centerline:
Commencing at the Northwest corner of Section 3, Township 33 South, Range
39 East;
Thence South 00°00'47" West along the west line of said Section 3 for a distance
of 30.00 feet;
Thence South 89°45'39" East and parallel with the north line of said Section 3 for
a distance of 211.03 feet to a point on the south right of way of the Indian River Farms
Water Control District Canal A-3;
Thence continue South 89°45'39" East along the south right of way of said Canal A-3
for a distance of 612.44' to a point on the centerline and Point of Beginning of a 20 foot
wide drainage easement;
Thence from the Point of Beginning run South 00°14'12" west along said centerline of
drainage easement for a distance of 946.19 feet;
Thence South 44°12'50" East along said centerline of easement for a distance of
28.40 feet to the Point of Terminus, said point being on the northwesterly line of the
drainage easement recorded in Official Records Book 2878, Page 504 of the Public
Records of Indian River County,
Said Easement containing 19,496 square feet more or less.
David Gay, PSM #597
S \Property Descriptions\2019\2019-EG-250A_Dodgertown Drainage_Feb 4 2019.doc
Sheet 1 of 2
75'
45'-I
S00°00'47"W T-- —
30.00' 26TH STREET (WALKER AVE) n SOUTH SECTION LINE 34-32-39
NORTH SECTION LINE 03-33-39�
I SOUTH SECTION LINE 33-32-39
r NORTH SECTION LINE 04-33-39 INDIAN RIVER FARMS WATER CONTROL DISTRICT CANAL A3
A TRUE COPY
CERTIFICATION ON LAST PAGE
J.R. SMITH, CLERK
S89°45'39"E 612.44'
POINT OF COMMENCEMENT
NW CORNER SECTION 03-33-39
SCALE 250'
THIS SKETCH IS NOT A SURVEY I
ILLJI
ILu
SI
:Q
al
S89°45'39"E
211.03'
POINT OF BEGINNING
(CENTERLINE OF 20• DRAINAGE EASEMENT)
32-39-26-00011-0230-00001 3
DODGERTOWN PARCEL 1-A
O.R. BK 1961, PG 956
32-39-26-00011-0230-00001.2
DODGERTOWN PARCEL 2-A
0 R BK 2517, PG 547
S00°14'12"W
946.19'
SUBJECT EASEMENT
(20' DRAINAGE)
- X50'
S44°12'50"E
28.40'
PROPOSED DRAINAGE EASEMENT
TO CITY OF VERO BEACH
32-39-26-00011-0230-00001.1
DODGERTOWN PARCEL 3-A
O.R. BK 1961, PG 968
ADDITIONAL RIGHT OF WAY
(OR BK 2878, PG 480)
O.R. 8N 1961. PG 968
POND
20'
HOLMAN STADIUM
32-39-26-00011-0230-00001.0
DODGERTOWN PARCEL 1-C
OR BK1426,PG555
PORTION OF
DODGERTOWN PARCEL 2-A
O.R. BK 1758, PG 523
POND
POINT OF TERMINUS
hal- DRAINAGE EASEMENT
TO CITY OF VERO BEACH
(OR BK 2878, PG 504)
PORTION OF
DODGERTOWN PARCEL 3-A
0 R. BK 2517, PG 551
BALLFIELDS
POND
P PRCEi - /
50 14\/ /I
/
DAVID GAY,
MP`N CPNF�
wcg\Rc, `app' I
CITY OF VERO BEACH
DEPARTMENT OF PUBLIC WORKS
SURVEY DIVISION
SKETCH OF PROPERTY DESCRIPTION
DRAINAGE EASEMENT
PORTION OF SECTION 03-33-39
EXHIBIT "A"
/
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CITY PROJECT NO.
2019—EG-250A
DATE
01/2019
DRWN BY
DG
h F�.
'•ti prOrLs5.0^6.
A TRUE COPY
CERTIFICATION ON LAST PAGE
J.R. SMITH, CLERK
EXHIBIT "B"
PROPERTY DESCRIPTION
DRAINAGE EASEMENT #2019 -EG -250B
PORTION OF DODGERTOWN PARCEL 3-A
PARCEL # 32-39-26-00011-0230-00001.1
Property Description
Drainage Easement
(#2019 -EG -2508)
February 4, 2019
Situated in the State of Florida, County of Indian River, City of Vero Beach, and
being a part of Section 3, Township 33 South, Range 39 East and being more
particularly bounded and described as follows:
Commencing at the Northwest corner of Section 3, Township 33 South, Range
39 East;
Thence South 00°00'47" West along the west line of said Section 3 for a distance
of 30.00 feet;
Thence South 89°45'39" East and parallel with the north line of said Section 3 for a
distance of 211.03 feet to a point on the south right of way of the Indian River Farms
Water Control District Canal A-3;
Thence continue South 89°45'39" East along the south right of way of said Canal
A-3 for a distance of 658.97 feet to the northeast corner of the property described in
Official Record Book 2517, Page 547 of the Public Records of Indian River County;
Thence South 03°32'27" West along the east line of said property for a distance
of 582.12 feet;
Thence South 00°14'21" West along the east line of said property for a distance
of 360.85 feet to the northwest corner of the property described in Official Record Book
2517, Page 551 of the Public Records of Indian River County;
Thence South 02°50'58" East along the west line of said property for a distance
of 30.75 feet to the Point of Beginning of the following described drainage easement;
Thence from the Point of Beginning continue South 02°50'58" East along the
west line of said county property for a distance of 676.92 feet to a point on a non -
tangent curve, concave to the northeast;
Thence Northwesterly along said curve, having a radius of 352.00 feet, chord
bearing of North 25°41'58" West, and a chord distance of 273.37 feet for a distance of
280.76 feet to a point of tangency;
Sheet 1 of 3
ATRUE COPY
CERTIFICATION ON LAST PAGE
J.R. SMITH, CLERK
Property Description
Drainage Easement
(#2019 -EG -250B)
February 4, 2019
Thence North 02°50'58" West for a distance of 173.07 feet to the point of
curvature of a curve concave to the southeast;
Thence Northeasterly along said curve having a radius of 352.00 feet, chord
bearing of North 20°00'01" East, and a chord distance of 273.37 feet for a distance of
280.76 feet to the Point of Beginning;
Said easement containing 55,266 square feet more or less.
David Gay, PSM #5
S \Property Descriptions\2019\2019-EG-250B_Dodgertown Drainage_Feb 4 2019.doc
Sheet 2 of 3
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CERTIFICATION ON LAST PAGE
J.R. SMITH, CLERK
45'
'n I SOUTH SECTION LINE 33-32-39
E NORTH SECTION LINE 04-33-39
POINT OF COMMENCEMENT
NW CORNER SECTION 03-33-39
I
i
SCALE 1"= 250'
1_75 -{ .
800°00'47'W b 7-
30.00'
30.00' 26TH STREET (WALKER AVE) _T SOUTH SECTION LINE 34-32-39
THIS SKETCH IS NOT A SURVEY
INDIAN RIVER FARMS WATER CONTROL DISTRICT CANAL A3 NORTH SECTION LINE 03-33-39
S89°45'39"E 658.97'
S89°45'39"E . :
211.03'•
•
•
•
r- 50'•
•
1 32-39-26-00011-0230-00001 3 :
DODGERTOWN PARCEL 1-A
0 . BK 1961, PG 956 •
•
•
•
•
•
•
I— 50'
32-39-26-00011-0230-00001.2
DODGERTOWN PARCEL 2-A
0 R BK 2517, PG 547
CO
CO
0
co
N
•
• 0
• 0
00
L=280.76'
R=352.00'
CHD BRG=N20°00'01"E
CHD=273.37'
32-39-26-00011-0230-00001.1
DODGERTOWN PARCEL 3-A
0 R BK 1961, PG 968
SUBJECT EASEMENT
(DRAINAGE)
ADDITIONAL RIGHT OF WAY
(OR BK 2878, PG 480)
S02°50'58"E
30.75'
NO2°50'58"W
L=280.76'
R=352.00'
CHD BRG=N25°41'58"W
CHD=273.37'
P PRCt j _
140E
50
rn
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0,
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to
N
0
POND
OLMAN STADIUM
32-39-26-00011-0230-00001 0W
DODGERTON PARCEL 1-C
0 BK 1426, PG 555
POINT OF BEGINNING
(DRAINAGE EASEMENT)
PORTION OF
DODGERTOWN PARCEL 2-A
O.R. BK 1758, PG 523
1
POND — —
i
•
r
PORTION OFW
DODGERTON PARCEL 3-A
O.R. BK 2517, PG 551
BALLFIELDS
POND
DAVID GAY, PSM #5973
CITY OF VERO BEACH
DEPARTMENT OF PUBLIC WORKS
SURVEY DIVISION
SKETCH OF PROPERTY DESCRIPTION
DRAINAGE EASEMENT
PORTION OF SECTION 03-33-39
EXHIBIT "B"
A/-/
DATE
SHEET•'N.
7 OF 3 c
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CITY PROJECT NO.
2019—EG-250B
DATE
01/2019
DRWN BY
DG
MKF
A TRUE COPY
CERTIFICATION ON LAST PAGE
J.R. SMITH, CLERK
AVIGATION EASEMENT
THIS AVIGATION EASEMENT (hereinafter "Easement") is made and granted this
day of 2019, by INDIAN RIVER COUNTY, a political subdivision of the State of
Florida whose mailing address is 1801 27th Street, Vero Beach, FL 32960, hereinafter the
"GRANTOR," in favor of the CITY OF VERO BEACH, FLORIDA, a Florida municipal
corporation, whose mailing address is P.O. Box 1389, Vero Beach, Florida 32961-1389, hereinafter
the "GRANTEE."
WITNESSETH:
WHEREAS, GRANTOR is the sole record owner in fee simple of that certain real property
situated in Indian River County, Florida, which is more particularly described as follows:
(See Exhibit "A" attached hereto and incorporated herein by this reference),
hereinafter called GRANTOR'S "Property," said Property being located as approximately depicted
on the map attached hereto as Exhibit "B" incorporated herein by this reference; and
WHEREAS, GRANTEE is the owner and operator of the Vero Beach Regional Airport
(hereinafter "Airport" as it now exists or may hereafter be enlarged, expanded and/or further
developed or re -named), situated in the City of Vero Beach, Indian River County, Florida; and
WHEREAS, GRANTOR'S Property is in close proximity to GRANTEE'S Airport; and
WHEREAS, GRANTOR anticipates making improvements and developing the Property for
passive recreations, environmental projects or activities that are ancillary to and consistent with the
use of the Dodgertown Property and, although the Airport currently has a voluntary comprehensive
noise abatement program, GRANTOR recognizes that the Property is and will continue to be subject
to noise and other effects from aircraft operations as a result of the Property's proximity to the
Airport; and
WHEREAS, GRANTOR and GRANTEE desire to preserve for the use and benefit of the
public its right of free and unobstructed flight for aircraft landing upon, taking off from, or
maneuvering about or in the vicinity of the Airport; and
WHEREAS, GRANTOR has heretofore agreed, and desires hereby, to grant to GRANTEE
an avigation easement over, across and through the GRANTOR'S Property for such free and
unobstructed flight of aircraft landing upon, taking off from, or maneuvering about or in the vicinity
of the Airport;
NOW, THEREFORE, in consideration of the terms, covenants and conditions set forth
herein, together with other good and valuable consideration, the receipt and sufficiency of which is
hereby acknowledged, and for the purposes of complying with all applicable laws and regulations of
Page 1 of 6
N:\Client Docs\City Council\REAL PROPERTY\Dodgertown Golf Course-Sale\2019.03.01.Avigation.Easement.kch.doc
A TRUE COPY
CERTIFICATION ON LAST PAGE
J.R. SMITH, CLERK
the City of Vero Beach, Indian River County, and the Federal Aviation Administration, the
GRANTOR, for itself, its successors and assigns, does hereby grant, bargain, sell, alien, convey,
confirm, transfer and set over unto GRANTEE, its successors and assigns, for the use and benefit of
the public, including any and all officers, employees, representatives, agents, tenants, licensees,
guests and invitees of GRANTEE, and persons, firms, corporations, and entities operating aircraft to
or from the Airport, a perpetual and assignable easement and right-of-way over and across the
Property pursuant to the following terms, covenants and conditions:
1. Adoption of Predicate. The foregoing clauses are hereby adopted and incorporated herein
as part of the basis for this Easement.
2. Airspace. The Easement and right-of-way herein granted shall be through and within that
airspace located directly over, above, and across the Property (hereinafter "Airspace"). The
Easement and right-of-way shall be appurtenant to and for the benefit of the Airport, including any
additions thereto wherever located, hereafter made by GRANTEE, its successors or assigns.
3. Passage of Aircraft. The Easement and right-of-way granted herein shall be for the free
and unobstructed passage of aircraft in and through the Airspace, together with the right to cause in
the Airspace and its vicinity such noise, vibrations, fumes, deposits of dust or other particulate
matter, fuel particles, interference with sleep and communication, psychological, emotional, or
physical distress, and any and all other effects as may be inherent in or alleged to be incident to or
caused by the operation of such aircraft, now known or hereinafter used, for navigation or flight in
the Airspace and its vicinity and for use of the Airspace for landing on, taking off from, and
maneuvering about or in the vicinity of the Airport, provided such operation complies with all
applicable federal and state laws and regulations concerning operation of aircraft and use of the
Airport. As used herein, the term "aircraft" shall mean any and all types of aircraft, whether now in
existence or hereafter manufactured and developed, to include, but not limited to, jet aircraft,
propeller driven aircraft, civil aircraft, military aircraft, commercial aircraft, helicopters and all types
of aircraft or vehicles now in existence or hereafter developed, regardless of existing or future noise
levels, for the purpose of transporting persons or property through the air, by whoever owned or
operated.
4. Restrictions on Structures and Improvements. GRANTOR, for itself and its successors
and assigns, does hereby expressly agree to restrict the height of structures, objects of natural growth
and other obstructions of any kind or nature whatsoever on the Property to a height of not more than
one hundred (100) feet above ground level or the height permitted under applicable laws and
regulations, whichever is lower. GRANTOR, for itself and its successors and assigns, does hereby
agree that they will not hereafter erect or construct, permit the erection or construction of, growth of,
create, or permit or suffer to remain upon the Property, in the Airspace, or in the Airport Runway
Protection Zone, any structure, facility, improvement, or natural growth, that is or might be a hazard
to aviation or which might create glare, misleading lights, smoke, fumes, dust, or which attracts or
results in a concentration of birds. The restrictions contained in this Easement shall not be construed
to limit the construction of any structure or improvement on the Property that is otherwise in
compliance with the terms of this Easement and all applicable development conditions, zoning
ordinances, laws, and regulations of or imposed by the City of Vero Beach or any other
governmental entity or agency having jurisdiction regarding such construction.
Page 2 of 6
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A TRUE COPY
CERTIFICATION ON LAST PAGE
J.R. SMITH, CLERK
5. Restrictions on Use. The GRANTOR, for itself and its successors and assigns, does
hereby expressly agree to not hereafter use or permit or suffer the use of the Property in such a
manner as to (i) interfere with the operation, development or maintenance of the Airport, (ii) create
electrical interference with radio communications between any installation upon the Airport and
aircraft, or otherwise interfere with the operation of air navigation and communication facilities
serving the Airport or aircraft, (iii) make it difficult for aircraft pilots to distinguish between Airport
lights and other lights, (iv) result in glare in the eyes of aircraft pilots using the Airport, (v) impair
the visibility in the vicinity of the Airport, or (vi) otherwise endanger the landing, taking off, or
maneuvering of aircraft.
6. Alleviation of Hazards. GRANTOR, for itself and its successors and assigns, expressly
agrees to develop and maintain the Property or cause the Property to be developed and maintained,
at their expense, so as not to create any aviation hazard, including, but not limited to, those specified
in this Easement. -GRANTOR does hereby grant and convey to GRANTEE a continuing right and
easement to take such action necessary to prevent the erection or growth of any structure, facility,
improvement, tree or other object into the Airspace or on the Property, and to remove such from the
Airspace or the Property at GRANTOR'S expense, together with the right of ingress to, egress from,
and passage over the Property for such purposes, if GRANTOR fails to adequately alleviate any
such hazard upon notification. In addition to, and in no way limiting the generality of the foregoing,
if any trees on the Property extend into the Airspace, the GRANTOR does hereby grant unto the
GRANTEE the permission to reduce the height of such trees by cutting the tops of such trees.
7. Release. GRANTOR, for itself and its successors and assigns, and any and all other
persons and entities bound hereby, does hereby expressly and fully waive, remise, and release any
and all right, claim, or cause of action which they may now have or which they may have in the
future against GRANTEE, its representatives, agents, tenants, licensees, officers, employees,
successors or assigns, including any and all guests and invitees of GRANTEE, and persons, firms,
corporations and entities operating aircraft to or from the Airport, arising from or due to such noise,
vibrations, fumes, deposits of dust or other particulate matter, fuel particles, interference with sleep
and communication, psychological, emotional, or physical distress, and any and all other effects, as
may be inherent in or alleged to be incident to or caused by the operation of such aircraft landing at,
or taking off from, operating at or on, or maneuvering about or in the vicinity of, the Airport or the
Airspace. However, this paragraph shall not be construed to deprive the Grantor of any claim for
injury or damages against any person or entity whereby injury or damage is caused by negligent use
of the airspace above the Property or as result of the use of the airspace above the Property in a
manner inconsistent with this Easement.
8. Taxes and Assessments. GRANTEE and its successors and assigns shall not, by reason of
this Easement, be obligated to pay any real estate taxes or special assessments levied against the
Property.
9. Successors and Assigns. This Easement and each and every term, covenant and condition
hereof, shall be binding upon the GRANTOR and its successors and assigns, and upon all owners,
tenants, invitees, mortgagees, and occupants of the Property, their heirs, representatives, invitees,
licensees, tenants, successors and assigns, including without limitation each and every record owner
Page 3 of 6
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A TRUE COPY
CERTIFICATION ON LAST PAGE
J.R. SMITH, CLERK
from time to time of the Property or any portion thereof, and any other person or entity having an
interest therein, and shall run with the land and shall inure to the benefit of the GRANTEE and its
representatives, agents, tenants, licensees, officers, employees, successors and assigns, including any
and all guests and invitees of GRANTEE, and persons, firms, corporations and entities operating
aircraft to or from the Airport. The acceptance by any person or entity of any right of use, deed,
lease, mortgage, or other interest in or privilege pertaining to the Property whatsoever shall
constitute acknowledgement and acceptance of the terms of this Easement and the binding effects
hereof.
10. Waiver. No waiver of, acquiescence in, or consent to any breach of any term, covenant
or condition hereof shall be construed as, or constitute, a waiver of, acquiescence in, or consent to
any other, further or succeeding breach of the same or any other term, covenant or condition hereof.
11. Headings. The title and section headings contained herein are not substantive parts of
this Easement and shall not expand, limit or restrict the Easement or right-of-way granted in any
way.
12. Severability. If any term or provision of this Easement shall, to any extent, be invalid or
unenforceable under applicable law or regulations, then the remaining terms and provisions shall not
be affected thereby, and each such remaining term and provision shall be valid and enforceable to
the fullest extend permitted by applicable law or regulation.
13. Amendment. This Easement shall not be modified or amended, except by a writing
executed by the GRANTOR and GRANTEE, or their respective successors or assigns, and recorded
in the Public Records of Indian River County, Florida.
14. Governing Law. This Easement shall be construed and enforced in accordance with the
laws of the State of Florida and the United States and the venue for enforcement hereof or resolution
of any dispute arising hereunder shall be in Indian River County, Florida, or in the case of federal
jurisdiction, in the United States District Court for the Southern District of Florida. In any action
arising. hereunder, the prevailing party shall be entitled to recover its reasonable attorney's fees
through trial and appeal, together with costs of the action. In the event each party shall partially
prevail in such action, costs and attorneys' fees shall be equitably apportioned between the parties by
the court.
15. Recording. GRANTOR, at GRANTOR'S expense, shall record this Avigation Easement
in the Public Records of Indian River County, Florida. Any and all plats of the Property to be
recorded in such Public Records shall make reference to and incorporate this Avigation Easement.
TO HAVE AND TO HOLD said Easement and right-of-way together with all rights
appertaining thereto unto the GRANTEE, its successors and assigns, limited only to the proper use
and benefit of GRANTEE, its successors and assigns forever, as long as the same is used by
GRANTEE for the purposes of this conveyance.
IN WITNESS WHEREOF, the GRANTOR has executed this Avigation Easement this
9th day of April , 2019.
Page 4 of 6
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WITNESSES:
ATTEST:
Jeffrey R. Smith, Clerk of Court and
Comptroller
APPROVED AS TO FORM
AND LEGAL SUI;FIC
BY
WILLIAM K. DEBRAAL
DEPUTY COUNTY ATTORNEY
BY:
BY:
A TRUE COPY
CERTIFICATION ON LAST PAGE
J.R. SMITH, CLERK
GRANTOR:
INDIAN RIVER COUNTY, FLORIDA
BOARD OF COUNTY COMMISSIONERS
Bob Solari, Chairman
Approved by BCC
(SEAL)
i"
April 9; 201
ACCEPTANCE BY GRANTEE
CITY OF VERO BEACH
t
�2o9NRIVER Cfl����
Tammy K. Bursick Val Zudans
City Clerk Mayor
STATE OF FLORIDA
COUNTY OF INDIAN RIVER
The foregoing instrument was acknowledged before me this day of
2019, by Val Zudans , as Mayor, and attested by Tammy K. Bursick, as City Clerk of
the City of Vero Beach, Florida. They are both known to me.
Notary Public
Print Name:
My commission expires:
ADMINISTRATIVE REVIEW
(For Internal Use Only—Sec. 2-77 COVB Code)
Approved as to form Approved as conforming to
and legal sufficiency: municipal policy:
Page 5 of 6
N:1Client Docs\City Council\REAL PROPERTY\Dodgertown Golf Course-Sale\2019.03.01.Avigation.Easement.kch.doc
Kira C. Honse
interim City Attorney
Approved as to technical
requirements:
Ericson W. Menger
Airport Director
Page 6 of 6
A TRUE COPY
CERTIFICATION ON LAST PAGE
J.R. SMITH, CLERK
Monte Falls
Interim City Manager
N:\Client Docs\City Council\REAL PROPERTY\Dodgertown Golf Course-SaIe12019.03.01.Avigation.Easement.kch.doc
A TRUE COPY
CERTIFICATION ON LAST PAGE
P. SMITH, CLERK
Property Description
Avigation Easement
(#2019 -EG -251)
February 1, 2019
EXHIBIT "A"
PROPERTY DESCRIPTION
AVIGATION EASEMENT #2019 -EG -251
PORTIONS OF DODGERTOWN PARCELS 1-A AND 2-A
PARCEL Ws 32-39-26-00011-0230-00001.3 AND 32-39-26-00011-0230-00001.2
Situated in the State of Florida, County of Indian River, City of Vero Beach, and
being a part of Section 3, Township 33 South, Range 39 East and being more
particularly bounded and described as follows:
An Avigation easement described as follows:
Commencing at the Northwest corner of Section 3, Township 33 South, Range
39 East;
Thence South 00°00'47" West along the west line of said Section 3 for a distance
of 200.31 feet;
Thence South 89°45'39" East and parallel with the north line of said Section 3 for
a distance of 50.00 feet to a point on the east right of way of 43rd Avenue, said point
being the Point of Beginning of an avigation easement;
Thence from the Point of Beginning run South 54°09'06" East along the southwesterly
line of the Vero Beach Regional Airport Runway Protection Zone for a distance of 45.29
feet;
Thence North 27°122'13" East along the southeasterly line said Runway
Protection Zone for a distance of 489.23 feet to a point on the south right of way of the
Indian River Farms Water Control District Canal A-3;
Thence North 89°45'39" West along said south right of way of Canal A-3 for a
distance of 432.09 feet;
Thence South 68°26'07" West for a distance of 5.38 feet to a point being 2 feet south of
said Canal A-3;
Thence North 89°45'39" West on a line 2.0 feet south of and parallel with said
Canal A-3 for a distance of 116.03 feet;
Thence South 45°07'21" West for distance of 56.46 feet to a point on the east
right of way of 43rd Avenue;
Sheet 1 of 3
A TRUE COPY
CERTIFICATION ON LAST PAGE
J.R. SMITH, CLERK
Property Description
Avigation Easement
(#2019 -EG -251)
February 1, 2019
Thence South 00°00'47" West along the east right of way of 43`d Avenue for a
distance of 128.30 feet to the Point of Beginning;
Tess.
Said Avigation Easement containing 159,613 square feet or 3.66 acres more or
David Gay, PSM #
S:\Property Descriptions\2019\2019-EG-251_Dodgertown Avigation_Feb 1 2019.doc
Sheet 2 of 3
•
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4 S
,) n
Prot .
N
v(,iwr,•' 1Lv),
-NN. SCALE 1"= 120'
S06QH SECTION LINE 33-32-39
NORT' SECTION LINE 04-33-39
.s ��_ CORNER SECTION o _ P
AIRPORT PARCEL 20
ti
1-- �s' POINT OF COMMENCEMENT
45' --
1—
NW 03-33-39
— -T -
60'
INDIAN RIVER FARMS WATER CONTROL DISTRICT CANAL/
A3 30'
' S68°26'07"W: N89°45'39"W 432.90'
-_:] 43
NI
S00°00'47"W 1t -�
200.31' \
S89°45'39"E
50.00'
POINT OF BEGINNING
(AVIGATION EASEMENT) I
THIS SKETCH IS NOT A SURVEY
26TH STREET (WALKER AVE)
5.38'/
N89°45'38"W
116.03' i
S45°07'21"w SUBJECT EASEMENT
56.46 S00°00'47"w (AVIGATION) s("\I�
,� �, 128.30' �' : / ti• ° cb°�
titi
2 h
Stt„
32-39-26-00011-0230-00001.3
DODGERTOWN PARCEL 1-A
O.R BK 1961, PG 956
32-39-26-00011-0230-00001.2
DODGERTOWN PARCEL 2-A
O.R BK 2517. PG 547
•
•
•
•
•
•
•
•
•
•
Q''•.GaTE' a
Q Cr. '-
SHEET 3 OF 3
CITY OF VERO BEACH
DEPARTMENT OF PUBLIC WORKS
SURVEY & ENGINEERING DIVISION
SKETCH OF PROPERTY DESCRIPTION
AVIGATION EASEMENT
PORTION OF SECTION 03-33-39
REv. NO
EXHIBIT "A"
AUTHRZO BY
CITY PROJECT NO.
2019 -EG -251
ORMN.By D /T
DATE ORM BY CHKD BY
02/2019 DG MKF
DESCRIPTION