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HomeMy WebLinkAbout2021-0313120210030058 RECORDED IN THE PUBLIC RECORDS OF JEFFREY R SMITH, CLERK OF COURT INDIAN RIVER COUNTY FL BK: 3415 PG: 926 Page 1 of 3 4/28/2021 9:49 AM RESOLUTION NO. 2021-1031 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, FORMALLY ACCEPTING AN EASEMENT FOR UTILITY PURPOSES ONLY, OVER, ACROSS AND UNDER THE PRIVATE ROAD RIGHT-OF-WAY AND ADJACENT PLATTED 10' EASEMENTS ABUTTING THE PRIVATE ROAD OF RUFFNER LANE IN THE RIVER TREES SUBDIVISION WITHIN UNINCORPORATED INDIAN RIVER COUNTY, FLORIDA. WHEREAS, by Confirming Resolution No. 2021- 030 , the Board of County Commissioners approved a special assessment project for a water main extension and sewer main extension (the "utilities") to be constructed from Bay Street along Ruffner Lane within River Trees Subdivision; and WHEREAS, the utilities are to be constructed within the private roadway labeled as Ruffner Lane on the plat of River Trees Subdivision; and WHEREAS, in order for Indian River County to construct and maintain the utilities within the private roadway, it is necessary for Indian River County to have an easement within the private roadway; and WHEREAS, the plat of River Trees Subdivision, recorded in Plat Book 9, Page 24, has specific dedication language that all streets and easements are for the use of the property owners in the subdivision, with the full knowledge that the same are not dedicated to the public until there is a formal acceptance of these streets and/or easements, or any part thereof, by the County; and 1 RESOLUTION NO. 2021- 031 WHEREAS, it is the desire of the Board of County Commissioners to only formally accept an easement for utility purposes over, across and under Ruffner Lane and the adjacent platted 10' easements within River Trees Subdivision, and it is not the intention of the Board of County Commissioners to accept the roadway as public, nor the maintenance of said roadway, NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA that: 1. The Board of County Commissioners of Indian River County, Florida expressly and formally accepts an easement for utility purposes only, over, across and under the private roadway labeled as Ruffner Lane and the adjacent platted 10' easements on the plat of River Trees Subdivision, as recorded in Plat Book 9, Page 24 of the Public Records of Indian River County, Florida. 2. The Board of County Commissioners of Indian River County, Florida does not accept the roadway as a public road nor the maintenance for the road. This resolution was moved for adoption by Commissioner Adams , and the motion was seconded by Commissioner Flescher , and, upon being put to a vote, the vote was as follows: Chairman Joseph E. Flescher AYE Vice Chairman Peter D. O'Bryan AYE Commissioner Susan Adams AYE Commissioner Laura Moss AYE Commissioner Joe Earman AYE 2 .�Y The Chairman thereupon declared the resolution duly passed and adopted this 20th day of April, 2021. BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA By Joseph E. Flescher, Chairman ATTEST: Jeffrey R. Smith, Clerk of Court and Comptroller ........., ail By: w c :��� S%�✓F��Qo Deputy Clerk'/,/7; APPROVED AS TO FORM -" AND LEGAL SUFFICIENCY: `9y�; •! , ' 'i��0` a By: Dylan Reingold County Attorney 3 3120220051211 RECORDED IN THE PUBLIC RECORDS OF JEFFREY R SMITH. CLERK OF COURT INDIAN RIVER COUNTY FL BK. 3564 PG 1726 Page 1 of 5 8/1 7/2022 2:38 PM Part of Tax Parcel I.D. 30-38-21-00005-0360-00001.0 D DOCTAX PD$0.70 North County Sewer Project Phase 2—UCP 3556. 12845 83rd Ave. Prepared by and return to: Office of County Attorney INDIAN RIVER COUNTY 1801 27''Street Vero Beach, FL 32960 772-226-1425 EASEMENT THIS GRANT OF EASEMENT, made and executed this day of gpe-4-,,- 2022, by Glenn E. Powell and W. Scott Kimberly, as Joint Tenants with Rights of Survivorship, whose mailing address is PO Box 450, Roseland, FL 32957, 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, a perpetual Utility easement over, across and under the following described land, situate in Indian River County, Florida, to-wit: See Exhibit "A" attached hereto. 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. IN WITNESS WHEREOF, the GRANTOR has hereunto set GRANTOR'S hand and seal the day and year first above written. [Signatures to Follow on Next Page] APPR OVED AS TO FORM AND L.Ei(,::A SU`r Fi 1 E.NOY DV L. L COUN i'Y ATF 0 A `, W` 1 Signed, sealed and delivered in the presence of: Signature: L' 4iipj," l By: Printed Name. A �njj ._ !// w Glenn E. Powell Signature: _ ,� Printed Name: graglffilifffn021 STATE OF FLORIDA COUNTY OF Trepan 7Yvef The foregoing instrument was acknowledged before rhe, by means of CRrphysical presence or ❑ online notarization, this FS day of 2022 by Glenn E. Powell, as Joint Tenant with Rights of Survi orship, who is L" personally known or ❑ produced identification in the form of NOTARY PUBLIC NOTARIAL SEAL: Z74.e4,/ Printed name: Commission No.: Commission expiration: �u HEATHER L ALEXANDER Notary Pubiic State of Florida lye y< Commission#GG 967472024 ; a ` My Comm.Expires Mar 17, Bonded through National Notary Assn. 2 4 t, Signature: �i�, / By: 4� f Z Printed Name: J I se -Oar WW. Scott Kimb1ly Signature: ,,1►,.e.. %.►sem' Printed Name: /i/,U, '�lt:ii3mi`- l STATE OF FLORIDA COUNTY OF , ' K The foregoing instrument was acknowled ed before me, by means of I°Iphysical presence or ❑ online notarization, this ( day of d,�at , 2022 by W. Scott Kimberly, as Joint Tenant with Rights of SurvF('orship, who is ❑ personally known or Ir produced identification in the form of FL DL NOTARY PUBLIC NOTARIAL SEAL: 7 4 � inted name: Commission No.: Commission expiration: ,�•. HEATHER L ALEXANDER } *t Notary Public•State of Florida `t . commission#GG .\4.• fires Mar 17,20477 24 ''t or MY comm.ExP Assn. Bonded through National Notary 3 Sketch of Legal Description for a Utility Easement "A " at the Powell & Kimberly Properties for North County Sewer Phase 2 Indian River County, Florida Sheet 1 of 2 Not Valid Without All Sheets SURVEYORS NOTES 1) THE BEARING BASIS IS THE NORTH LINE OF BLOCK 5, TOWNSITE PLAT OF ROSELAND, AS RECORDED IN PLAT BOOK 1, PAGE 43, IN THE PUBLIC RECORDS OF SAINT LUCIE COUNTY, FLORIDA, SAID LANDS NOW LYING AND BEING IN INDIAN RIVER COUNTY, FLORIDA SAID BEARING BEING S45'44'01"W. 2) THIS SKETCH EXISTS SOLELY FOR THE PURPOSE OF ILLUSTRATING THE LEGAL DESCRIPTION TO WHICH IT IS ATTACHED. 3) ALL DIMENSIONS ARE CALCULATED UNLESS OTHERWISE NOTED. 4) THIS SKETCH MEETS THE STANDARD PRACTICES FOR SURVEYING AS SET FORTH BY THE FLORIDA BOARD OF PROFESSIONAL LAND SURVEYORS IN CHAPTER 5J-17, FLORIDA ADMINISTRATIVE CODE, PURSUANT TO SECTION 472.027, FLORIDA STATUTES. LEGEND R/W RIGHT—OF—WAY NO. NUMBER L LENGTH PSM PROFESSIONAL SURVEYOR AND MAPPER N NORTH S SOUTH E EAST W WEST O.R.B. OFFICIAL RECORDS BOOK LEGAL DESCRIPTION A PORTION OF LAND LOCATED IN SECTION 21, TOWNSHIP 30 SOUTH, RANGE 38 EAST, INDIAN RIVER COUNTY, FLORIDA, BEING MORE FULLY DESCRIBED AS FOLLOWS: COMMENCING AT THE INTERSECTION OF EAST CORNER OF LOT 1, BLOCK B6, TOWNSITE PLAT OF ROSELAND, AS RECORDED IN PLAT BOOK 1, PAGE 43, IN THE PUBLIC RECORDS OF SAINT LUCIE COUNTY, FLORIDA, SAID LANDS NOW LYING AND BEING IN INDIAN RIVER COUNTY, FLORIDA, AND SOUTH RIGHT—OF—WAY LINE OF LEWIS STREET, TOWNSITE PLAT OF ROSELAND, AS RECORDED IN PLAT BOOK 1, PAGE 43, IN THE PUBLIC RECORDS OF SAINT LUCIE COUNTY, FLORIDA, SAID LANDS NOW LYING AND BEING IN INDIAN RIVER COUNTY, FLORIDA, NOW KNOWN AS 128TH COURT; THENCE S4418'04"E ALONG SAID SOUTH RIGHT—OF—WAY, A DISTANCE OF 20.00 FEET TO THE POINT OF BEGINNING; THENCE S45'44'01"W AND PARALLEL WITH THE CENTERLINE OF SEBASTIAN AVENUE, FORMERLY BAY STREET (NOW ABANDONED), A DISTANCE OF 160.00 FEET TO AN INTERSECTION WITH THE SOUTHERLY EXTENSION OF THE WEST LINE OF THE EAST 40 FEET OF LOT 3, BLOCK B6 OF SAID TOWNSITE PLAT OF ROSELAND THENCE S44'18'04"E ALONG SAID SOUTHERLY EXTENSION, A DISTANCE OF 10.00 FEET TO AN INTERSECTION WITH THE CENTERLINE OF SAID SEBASTIAN AVENUE, FORMERLY BAY STREET (NOW ABANDONED); THENCE N45'44'01"E ALONG SAID CENTERLINE, A DISTANCE OF 160.00 FEET TO AN INTERSECTION WITH THE SOUTH RIGHT—OF—WAY LINE OF LEWIS STREET, TOWNSITE PLAT OF ROSELAND, AS RECORDED IN PLAT BOOK 1, PAGE 43, IN THE PUBLIC RECORDS OF SAINT LUCIE COUNTY, FLORIDA, SAID LANDS NOW LYING AND BEING IN INDIAN RIVER COUNTY, FLORIDA, NOW KNOWN AS 128TH COURT; THENCE N4418'04"W ALONG SAID SOUTH RIGHT—OF—WAY LINE, A DISTANCE OF 10.00 FEET TO THE POINT OF BEGINNING. CONTAINING 1,600.00 SQUARE FEET MORE OR LESS. ,N,<•\,\\\.) \�®�1F T 4 f3.Eao,/'1gEClTER COMMENTS 7/19/22 SKETCH OF LEGAL DESCRIPTION (Drawn by:IChecked byl File narke .qe daleDrawing Name "This is NOT a Boundary Survey" BMM DMT =705 .SO M0 iii-8/2022NGNE 17053-ease-P&K.dwg Masteller, Moler & Taylor, Inc. • PROFESSIONAL SURVEYORS AND MAPPERS OF MMT • • „. LAND SURVEYING BUSINESS #4644 / ' •' 1655 27th Street, Suite 2 Vero Beach, Florida 32960 Del DelZZ Phone: (772) 564-8050 Fax: (772) 794-0647 DAVID TAYLOR i P.S, 43 (SEAL) Sketch of Legal Description Line Table for a Utility Easement "A " at the Line # Length Direction Powell and Kimberly Properties L1 20.00 S44' 18' 04"E L2 10.00 S44' 18' 04"E for North County Sewer Phase 2 L3 10.00 N44' 18' 04"W Indian River County, Florida Sheet 2 of 2 Not Valid Without All Sheets N 1\ \\ \ / 4 < Glx QPG 04>'c,6.\ koC) �J/Q 0 5 �11�, °e�� ��oP� \2°' � / \0gQN 4S 0 CP�� F���k \OpPOINT • �C9 019 �� 0 '13.q\ vP�JG� J� ��6pO COMMENCEMENT P� P �, N N � \c'- �FS"1-e \ \LOOTTEAST1 BLO B8 /5�J h N \ ° N \ N `'�` \bti POINT OF \, \ N ��o< 'y°� \ BEGINNING\ ; N \ e<1, '5° InuTY EAS�VT 'A' \ 06 0 /; N ��- o F 1. oo �`° 0� F��° '�o° 0° �� \ \ ÷6,6,0), NO. (4\ A' '''0s \'' ' /\'' '13 ''s (g").0\' OF <<(' 6(6 \ N' 0 QPG� N N \ i / (1, \ N �' '�.P ?sr PC\�� �P a N / J 43 \.0 /9�i \ QPG 5��•s4 Gp G � ti� #`- << / �00 cQ gC; 4�... 000. \ SK TCH OF LEGAL DESCRIPTION by: Checked by F.i e•na1n a ' itel > Scale Drawing Name "This is NOT a Boundary Survey" 1Drawn BMM DMT 79i1S0 is s1418/2Q22 =1"=60' 1053-ease-P&K.dwg I II Masteller, Moler & Taylor, Inc. = •• * •. PROFESSIONAL SURVEYORS AND MAPPERS = f:. /l/ [MMT v , .. .sz LAND SURVEYING BUSINESS #4644 /�. 0, } ,� 1655 27th Street, Suite 2 Vero Beach, Florida 32960 Phone: (772) 564-8050 Fax: (772) 794-0647 DAA TA1I„b S1� S'243 (SEAL) Part of Tax Parcel I.D. 30-38-21-00005-0050-00001.0 North County Sewer Project Phase 2 — UCP 3556: 12830 831d Ave. Prepared by and return to: Office of County Attorney INDIAN RIVER COUNTY 1801 27h Street Vero Beach, FL 32960 772-226-1425 EASEMENT 3120220051209 RECORDED IN THE PUBLIC RECORDS OF JEFFREY R SMITH. CLERK OF COURT INDIAN RIVER COUNTY FL BK. 3564 PG. 1 717 Page 1 of 5 8/17/2022 Z38 PM D DOCTAX PD $0.70 THIS GRANT OF EASEMENT, made and executed this day of 2022, by Glenn E. Powell and W. Scott Kimberly, as Joint Tenants with R ght of Survivorship, whose mailing address PO Box 450, Roseland, FL 32957, 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, a perpetual Utility easement over, across and under the following described land, situate in Indian River County, Florida, to -wit - See Exhibit "A" attached hereto. 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. IN WITNESS WHEREOF, the GRANTOR has hereunto set GRANTOR'S hand and seal the day and year first above written. A "` [Signatures to Follow on Next Page] 0 0 U i Y A" a 0 Signed, sealed and delivered in the presence of: Printed Name: STATE OF FLORIDA COUNTY OF ' rider A By: Glenn E. Powell The foregoing instrument was acknowledged before me, b means Ciphysical presence or ❑ online notarization, this 0 day of 2022 by Glenn E. Powell, as Joint Tenant with Right of Survi orship, who is personally known or ❑ produced identification in the form NOT RY PUBLIC NOTARIAL SEAL: Printed name: Commission No.: Commission expiration: NEpTHER L AtEstat'. of Florida ,0 P"4 ; Notary Public967477 rh: ;, <; commission # G A r 17, 1014 fires M MY cometh Na conal NoiaN Assn. Bondedthrou9 [Signatures to Follow on Next Page] of CQ__ of Signed, sealed and delivered in the presence of: Signature: 44JLO� Printed Name: Signature: Ok�" Printed Name: '1 STATE OF FLORIDA COUNTY OF na4i2 a �r der By. / W. Scott Kimberly The foregoing instrument was acknowledged before me, b means ET'physical presence or ❑ online notarization, this 5� day of , 2022 by W. Scott Kimberly, as Joint Tenants with Right of §60tivorship who is personally known or M' produced identification in the form VL 7L - NOTARY PUBLIC NOTARIAL SEAL: GGA/ rinted name: Commission No.: Commission expiration: r Pu HEATHER L ALEXANDER Notary public • State of Florida Commission # GG 967477 Comm. Expires Mar 47, 2024 ors. Y 'gonded through National Notary Assn. 3 of of Sketch of Legal Description for a Utility Easement "B" at the Powell & Kimberly Properties for North County Sewer Phase 2 Indian River County, Florida Sheet I of 2 Not Valid Without All Sheets SURVEYORS NOTES 1) THE BEARING BASIS IS THE NORTH LINE OF BLOCK 5, TOWNSITE PLAT OF ROSELAND, AS RECORDED IN PLAT BOOK 1, PAGE 43, IN THE PUBLIC RECORDS OF SAINT LUCIE COUNTY, FLORIDA, SAID LANDS NOW LYING AND BEING IN INDIAN RIVER COUNTY, FLORIDA SAID BEARING BEING S45'44'01 "W. 2) THIS SKETCH EXISTS SOLELY FOR THE PURPOSE OF ILLUSTRATING THE LEGAL DESCRIPTION TO WHICH IT IS ATTACHED. 3) ALL DIMENSIONS ARE CALCULATED UNLESS OTHERWISE NOTED. 4) THIS SKETCH MEETS THE STANDARD PRACTICES FOR SURVEYING AS SET FORTH BY THE FLORIDA BOARD OF PROFESSIONAL LAND SURVEYORS IN CHAPTER 5J-17, FLORIDA ADMINISTRATIVE CODE, PURSUANT TO SECTION 472.027, FLORIDA STATUTES. LEGEND R/W RIGHT—OF—WAY NO. NUMBER L LENGTH PSM PROFESSIONAL SURVEYOR AND MAPPER N NORTH S SOUTH E EAST W WEST O.R.B. OFFICIAL RECORDS BOOK LEGAL DESCRIPTION A PORTION OF LAND LOCATED IN SECTION 21, TOWNSHIP 30 SOUTH, RANGE 38 EAST, INDIAN RIVER COUNTY, FLORIDA, BEING MORE FULLY DESCRIBED AS FOLLOWS. COMMENCING AT THE INTERSECTION OF THE SOUTH RIGHT—OF—WAY LINE OF LEWIS STREET, TOWNSITE PLAT OF ROSELAND, AS RECORDED IN PLAT BOOK 1, PAGE 43, IN THE PUBLIC RECORDS OF SAINT LUCIE COUNTY, FLORIDA, SAID LANDS NOW LYING AND BEING 1N INDIAN RIVER COUNTY, FLORIDA, NOW KNOWN AS 128TH COURT, AND THE NORTH CORNER OF LOT 1, BLOCK 5 OF SAID TOWNSITE PLAT OF ROSELAND; THENCE N44'18'04"W ALONG SAID SOUTH RIGHT—OF—WAY, A DISTANCE OF 20.00 FEET TO THE POINT OF BEGINNING, THENCE S45.44'01 "W AND PARALLEL WITH THE NORTH LINE OF SAID BLOCK 5, THE SAME BEING THE SOUTH RIGHT—OF—WAY OF SEBASTIAN AVENUE, FORMERLY BAY STREET (NOW ABANDONED), A DISTANCE OF 120.00 FEET TO AN INTERSECTION WITH THE NORTHERLY EXTENSION OF THE WEST LINE OF LOT 2, BLOCK 5 OF SAID TOWNSITE PLAT OF ROSELAND; THENCE N44'18'04"W ALONG SAID NORTHERLY EXTENSION, A DISTANCE OF 10.00 FEET TO AN INTERSECTION WITH THE CENTERLINE OF SAID SEBASTIAN AVENUE, FORMERLY BAY STREET (NOW ABANDONED); THENCE N45'44'01 "E ALONG SAID CENTERLINE, A DISTANCE OF 120.00 FEET TO AN INTERSECTION WITH SAID SOUTH RIGHT—OF—WAY LINE OF LEWIS STREET, NOW KNOWN AS 128TH COURT,• THENCE S44'18'04"E ALONG SAID SOUTH RIGHT—OF—WAY LINE, A DISTANCE OF 10.00 FEET TO THE POINT OF BEGINNING. CONTAINING 1,200 SQUARE FEET MORE OR LESS. TiEVISE IP,ER COMMENTS 7/19/22 yr LCUML UC3Lrvr nvw Drawn by:Checked by File -name, '' Date �c'ale Drawing Name "This is NOT a Boundory Survey BMM DMT 7053.50 7(18/2022 `.a NONE 053-ease-P&K.dwg Masteller, Moler & Taylor, Inc. „ PROFESSIONAL SURVEYORS AND MAPPERS E c., LAND SURVEYING BUSINESS #4644 O� 1655 27th Street, Suite 2 Vero Beach, Florida 32960 Phone: (772) 564-8050 Fax: (772) 794-0647 DAVID TAYLOR P.S.M. 5243,x` (SEAL) Line Table Line # Length Direction Ll 20.00 N44' 18' 04"W L2 10.00 N44' 18' 04"W L3 10.00 S44' 18' 04"E Sketch of Legal Description for a Utility Easement 'T " at the Powell and Kimberly Properties for North County Sewer Phase 2 Indian River County, Florida Sheet 2 of 2 Not Valid Without All Sheets QPG�� PCO o��OP \ X05 PG�� '611 5�� OO GO G F� \ 01 • POINT OF \ NG U1]LITY BEAca*WTI'B' �0 \ \ \O POINT OF \ COMMENCEMENT \ NOWN CORNM OF LOT 1, BLOCK 5 \ \ ��, � \ ��`� 0'� ,�o• moo so �'s �. \ 0 \ s �S- 0O \ \ N5 0 QPy,� �GoJ o��F�o \� \ Q� IN i A YL () SKETCH OF LEGAL DESCRIPTION Drawn by: Checked by File name ` ' Dat6 . Scate Drawing Name "This is NOT a Boundor Surve BMM DMT T053.50 7/18/2022"=60' 053-ease-P&K.dwg Masteller, Moler & Taylor, Inc. PROFESSIONAL SURVEYORS AND MAPPERS =C ` `s'r• LAND SURVEYING BUSINESS #4644 1655 27th Street, Suite 2 Vero Beach, Florida 32960 Phone: (772) 564-8050 Fax: (772) 794-0647 DAVI ,•jAYLOR P.S.k 5. 3 (SEAL) Part of Tax Parcel I.D. 30382100005005000003.0 North County Sewer Project Phase 2 — UCP 3556: 128th St Prepared by and return to: Office of County Attorney INDIAN RIVER COUNTY 1801 271' Street Vero Beach, FL 32960 772-226-1425 3120220051208 RECORDED IN THE PUBLIC RECORDS OF JEFFREY R SMITH.. CLERK OF COURT INDIAN RIVER COUNTY FL BK 3564 PG' 1712 Page 1 of 5 8117/2022 2:38 PM D DOCTAX PD $0.70 EASEMENT THIS GRANT OF EASEMENT, made and executed this day of 2022, by Glenn E. Powell and W. Scott Kimberly, Joint Tenants with Rig -ants of Survivorship, whose mailing address PO Box 450, Roseland, FL 32957, 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, a perpetual Utility easement over, across and under the following described land, situate in Indian River County, Florida, to -wit: See Exhibit "A" attached hereto. 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. IN WITNESS WHEREOF, the GRANTOR has hereunto set GRANTOR'S hand and seal the day and year first above written. ,� ;r� [Signatures to Follow on Next Page] :1 ' ' { I raHN Signed, sealed and delivered in the presence of: Signature:.&&�_A)2dk7�-,a,,,/) Printed Na II STATE OF FLORIDA COUNTY OF By: (A"L� r Glenn E. Powell The foregoing instrument was acknowledged before me, by means of tEl physical presence or ❑ online notarization, this _ day of 2022 by Glenn E. Powell, as Joint Tenant with Rights of Survivorship ho is CQ'personally known or ❑ produced identification in the form of NOTARIAL SEAL: NOTARY PUBLIC A - GG��utif 4Ki Printed name.- Commission ame:Commission No.: Commission expiration: HEATHER L ALEXANDER I.?,�f `_. Notary Public - State of Florida N` Commission # GG 967477 My Comm. Expires Mar 47, 1024 Bonded through National Notary Assn. [Signatures to Follow on Next Page] 2 Signed, sealed and delivered in the presence of: MVV�f A Printed Name� !ill-�.• AW P Printed Name-AM"AAMEE"awn! Wo STATE OF FLORIDA COUNTY OFi�c�i� By: W. Scott Kimberly The foregoing instrument was acknowledged before me, by means of Cl physical presence or ❑ online notarization, this __�_ day ofa , 2022 by W. Scott Kimberly, as Joint Tenant with Rights of Surviwho is ❑ personally known or ©', produced identification in the form of NOTARY PUBLIC NOTARIAL SEAL: x a44� Printed name: Commission No.: Commission expiration: r �� NEAT7(pNDEk Notary Public • State 967477da Commission S GG 72024 comm. EXPires Mar ar Assn. National Notary Bondedthroug Sketch of Legal Description for a Utility Easement "C" at the Powell & Kimberly Properties for North County Sewer Phase 2 Indian River County, Florida Sheet 1 of 2 Not Valid Without All Sheets SURVEYORS NOTES 1) THE BEARING BASIS 1S THE NORTH LINE OF BLOCK 5, TOWNSITE PLAT OF ROSELAND, AS RECORDED IN PLAT BOOK 1, PAGE 43, IN THE PUBLIC RECORDS OF SAINT LUCIE COUNTY, FLORIDA, SAID LANDS NOW LYING AND BEING IN INDIAN RIVER COUNTY, FLORIDA SAID BEARING BEING S4544'01 "W. 2) THIS SKETCH EXISTS SOLELY FOR THE PURPOSE OF ILLUSTRATING THE LEGAL DESCRIPTION TO WHICH IT IS ATTACHED. 3) ALL DIMENSIONS ARE CALCULATED UNLESS OTHERWISE NOTED. 4) THIS SKETCH MEETS THE STANDARD PRACTICES FOR SURVEYING AS SET FORTH BY THE FLORIDA BOARD OF PROFESSIONAL LAND SURVEYORS IN CHAPTER 5J-17, FLORIDA ADMINISTRATIVE CODE, PURSUANT TO SECTION 472.027, FLORIDA STATUTES. LEGEND RIW NO. L PSM N S E W O.R.B. RIGHT—OF—WAY NUMBER LENGTH PROFESSIONAL SURVEYOR AND MAPPER NORTH SOUTH EAST WEST OFFICIAL RECORDS BOOK LEGAL DESCRIPTION A PORTION OF LAND LOCATED IN SECTION 21, TOWNSHIP 30 SOUTH, RANGE 38 EAST, INDIAN RIVER COUNTY, FLORIDA, BEING MORE FULLY DESCRIBED AS FOLLOWS: COMMENCING AT THE INTERSECTION OF THE SOUTH RIGHT—OF—WAY LINE OF LEWIS STREET, TOWNSITE PLAT OF ROSELAND, AS RECORDED IN PLAT BOOK 1, PAGE 43, IN THE PUBLIC RECORDS OF SAINT LUCIE COUNTY, FLORIDA, SAID LANDS NOW LYING AND BEING IN INDIAN RIVER COUNTY, FLORIDA, NOW KNOWN AS 128TH COURT, AND THE NORTH CORNER OF LOT 1, BLOCK 5 OF SAID TOWNSITE PLAT OF ROSELAND; THENCE DEPARTING SAID SOUTH RIGHT—OF—WAY LINE S45'44'01 "W ALONG THE NORTH LINE OF SAID BLOCK 5, THE SAME BEING THE SOUTH RIGHT—OF—WAY OF SEBASTIAN AVENUE, FORMERLY BAY STREET (NOW ABANDONED), A DISTANCE OF 120.00 FEET TO AN INTERSECTION WITH THE NORTHERLY EXTENSION OF THE WEST LINE OF LOT 2, BLOCK 5 OF SAID TOWNSITE PLAT OF ROSELAND; THENCE N44'18'04"W ALONG SAID NORTHERLY EXTENSION, A DISTANCE OF 20.00 FEET TO THE POINT OF BEGINNING; THENCE DEPARTING SAID NORTHERLY EXTENSION S45'44'01"W AND PARALLEL WITH THE SAID NORTH LINE OF SAID BLOCK 5, A DISTANCE OF 91.00 FEET, THENCE N44'18'04"W, A DISTANCE OF 10.00 FEET TO AN INTERSECTION WITH THE CENTERLINE OF SAID SEBASTIAN AVENUE, FORMERLY BAY STREET (NOW ABANDONED); THENCE N4544'01 "E ALONG SAID CENTERLINE, A DISTANCE OF 91.00 FEET TO AN INTERSECTION WITH THE SAID NORTHERLY EXTENSION OF THE WEST LINE OF SAID LOT 2, BLOCK 5; THENCE SOUTH 44'18'04" EAST ALONG SAID NORTHERLY EXTENSION, A DISTANCE OF 10.00 FEET TO THE POINT OF BEGINNING. CONTAINING 910 SQUARE FEET MORE OR LESS. F1"°°EVIED PER COMMENTS 7/19/22 SKETCH OF L AL1 1 N Drawn by: Checked by File°ixame Date, =Scale Drawing Name "This is NOT a Boundary Survey" BMM DMT •70753 SO' 9/18/2022 ..NONE 1053-ease-P&K.dwg Masteller, Moler & Taylor, Inc. - o PROFESSIONAL SURVEYORS AND MAPPERS LAND SURVEYING BUSINESS #4644 c- p�^S 1655 27th Street, Suite 2 Vero Beach, Florida 32960 7/'x10122 Phone: (772) 564-6050 Fax: (772) 794-0647 DAVID'TAYLQR P.S.M.'•5243 (SEAL) Line Table Line # Length Direction Ll 20.00 N44' 18' 04"W L2 91.00 S45' 44' 01"W L3 10.00 N44' 18' 04"W L4 91.00 N45' 44' 017E L5 10.00 S44' 18' 047E Sketch of Legal Description for a Utility Easement "C" at the Powell and Kimberly Properties for Noah County Sewer Phase 2 Indian River County, Florida Sheet 2 of 2 Not Valid Without All Sheets 1 V0\`� o`�� �s� VG oJ� POINT of \ \ COMMENCEMENT q� \ �, \ G�06 for 1. BLop� OF \ SV 00 13 ,tx POINT OF o BEGINNING \unuTY EASEMENT .C - b(330 s Q P 40 Q �,5 SKETCH OF LEGAL DESCRIPTION,, Drawn by: Checked by File naive Date :scale Drawing Name "This is NOT a BoundarySurveyBMM DMT 7053.50 7/18/202 T'=60' 053-ease-P&K.dwg Masteller, Moler Bir Taylor, Inc. PROFESSIONAL SURVEYORS AND MAPPERS ` LAND SURVEYING BUSINESS #4644 1655 27th Street, Suite 2 Vero Beach, Florida 32960 Phone: (772) 564-8050 Fax: (772) 794-0647 DAVID TAYLOR P..SM. 5243 (SEAL) Part of Tax Parcel I.D. 30-38-21-00005-0360-00003.0 North County Sewer Project Phase 2 — UCP 3556: 12825 83rd Ave. Prepared by and return to: Office of County Attorney INDIAN RIVER COUNTY 1801 271h Street Vero Beach, FL 32960 772-226-1425 EASEMENT 3120220051210 RECORDED IN THE PUBLIC RECORDS OF JEFFREY R SMITH, CLERK OF COURT INDIAN RIVER COUNTY FL BK: 3564 PG: 1722 Page 1 of 4 8/17/2022 2:38 PM D DOCTAX PD $0.70 THIS GRANT OF EASEMENT, made and executed this __8_ day of 2022, by Robert Zitzman, whose mailing address 12725 79th St., Fellsm re, FL 32948, 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, a perpetual Utility easement over, across and under the following described land, situate in Indian River County, Florida, to -wit: See Exhibit "A" attached hereto. 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 r oht and lawful authority to convey the easement established hereby and will defend the same against the lawful claims of all persons whomsoever. IN WITNESS WHEREOF, the GRANTOR has hereunto set GRANTOR'S hand and seal the day and year first above written. [Signatures to Follow on Next Page] APPF?C?VED eA!? TO FORM Signed, sealed and delivered in the presence of: i STATE OF FLORIDA COUNTY OF .7rrC7' o . �� a WE, A 'A a 496 .00, 70M The foregoing instrument was acknowledged before e, y means of 2 physical presence or ❑ online notarization, this ail" day of 44 , 2022 by Robert Zitzman, who is ❑ personally known or D produced Iden fication in the form of r/_ 7)L - NOTARY PUBLIC NOTARIAL SEAL: V/.,. lq,- Ae, A�60e.,W� rinted name: Commission No.: Commission expiration: HEATHER � A"�^of Florida I v ou � ; Notary missin #t�� o96�7�2024 E%pfres Mac ���ded Of ou8h Na io^a1 Notary Assn. ' Sketch of Legal Description for a Utility Easement at the Zitzman Property for North County Sewer Phase 2 Indian River County, Florida Sheet 1 of 2 Not Valid Without All Sheets SURVEYORS NOTES 1) THE BEARING BASIS IS THE SOUTH LINE OF BLOCK B6, TOWNSITE PLAT OF ROSELAND, AS RECORDED IN PLAT BOOK 1, PAGE 43, IN THE PUBLIC RECORDS OF SAINT LUCIE COUNTY, FLORIDA, SAID LANDS NOW LYING AND BEING IN INDIAN RIVER COUNTY, FLORIDA SAID BEARING BEING S45 -44'01"W. 2) THIS SKETCH EXISTS SOLELY FOR THE PURPOSE OF ILLUSTRATING THE LEGAL DESCRIPTION TO WHICH IT IS ATTACHED. 3) ALL DIMENSIONS ARE CALCULATED UNLESS OTHERWISE NOTED. 4) THIS SKETCH MEETS THE STANDARD PRACTICES FOR SURVEYING AS SET FORTH BY THE FLORIDA BOARD OF PROFESSIONAL LAND SURVEYORS IN CHAPTER 5J-17, FLORIDA ADMINISTRATIVE CODE, PURSUANT TO SECTION 472.027, FLORIDA STATUTES. LEGEND RIW RIGHT—OF—WAY NO. NUMBER L LENGTH PSM PROFESSIONAL SURVEYOR AND MAPPER N NORTH S SOUTH E EAST W WEST O.R.B. OFFICIAL RECORDS BOOK LEGAL DESCRIPTION A PORTION OF LAND LOCATED IN SECTION 21, TOWNSHIP 30 SOUTH, RANGE 38 EAST, INDIAN RIVER COUNTY, FLORIDA, BEING MORE FULLY DESCRIBED AS FOLLOWS. COMMENCING AT THE EAST CORNER OF LOT 1, BLOCK 86, TOWNSITE PLAT OF ROSELAND, AS RECORDED IN PLAT BOOK 1, PAGE 43, IN THE PUBLIC RECORDS OF SAINT LUCIE COUNTY, FLORIDA, SAID LANDS NOW LYING AND BEING IN INDIAN RIVER COUNTY, FLORIDA; THENCE S45'44'01"W ALONG THE SOUTH LINE OF SAID BLOCK B6, THE SAME BEING THE NORTH RIGHT—OF—WAY OF SEBASTIAN AVENUE, FORMERLY BAY STREET (NOW ABANDONED), A DISTANCE OF 160.00 FEET TO AN INTERSEC77ON WITH THE SOUTHERLY EXTENSION OF THE WEST LINE OF THE EAST 40 FEET OF LOT 3, BLOCK 86 OF SAID TOWNSITE PLAT OF ROSELAND; THENCE S44'18'04"E ALONG SAID SOUTHERLY EXTENSION, A DISTANCE OF 20.00 FEET TO THE POINT OF BEGINNING, THENCE S45'44'01 "W AND PARALLEL WITH THE SOUTH LINE OF SAID BLOCK 6, A DISTANCE OF 51.00 FEET,• THENCE S44'18'04"E, A DISTANCE OF 10.00 FEET TO AN INTERSECTION WITH THE CENTERLINE OF SAID SEBASTIAN AVENUE, FORMERLY BAY STREET (NOW ABANDONED); THENCE N45'44'01 "E ALONG SAID CENTERLINE, A DISTANCE OF 51.00 FEET TO AN INTERSECTION WITH THE SAID SOUTHERLY EXTENSION OF THE WEST LINE OF THE EAST 40 FEET OF LOT 3, BLOCK B6 OF SAID TOWNSITE PLAT OF ROSELAND; THENCE DEPARTING SAID CENTERLINE N44'18'04"W ALONG SAID SOUTHERLY EXTENSION, A DISTANCE OF 10.00 FEET TO THE POINT OF BEGINNING. CONTAINING 510.00 SQUARE FEET MORE OR LESS. REVISED PER COMMENTS 7/19/22 SKETCH OF LEGAL DESCRIPTION Drawn by: Checkedbyl Filename Date Scale Drawing Name "This is NOT o Boundor Survey" BMM DMT 7053.S0 7/18/2022 NONE 053-ease-Zitzman.dw Masteller, Moler & Taylor, Inc. PROFESSIONAL SURVEYORS AND MAPPERS c LAND SURVEYING BUSINESS #4644 p 1655 27th Street, Suite 2 Vero Beach, Florida 32960 Phone: (772) 564-8050 Fax: (772) 794-0647 (SEAL) 7/20/?2 DAVID TAYLOR P.S.M. 5243 Line Table Line # Length Direction Ll 20.00 S44' 18' 047E L2 51.00 S45' 44' 01"W L3 10.00 S44' 18' 047E L4 51.00 N45' 44' 017E L5 10.00 N44' 18' 047W Sketch of Legal Description for a Utility Easement at the Zitzman Property for North County Sewer Phase 2 Indian River County, Florida Sheet 2 of 2 Not Valid Without All Sheets ^,Ahk QPG� P�D�o��°P �J�Q�' \ V �G 1�h, X05 PGN1. <D 1 \ 00 G pz F�' y6° \ POINT OF 0P \ � QP�� h° C EAST CEMT ER�OF '� h \ \ LOT 1. &,Oac 86 f o s POINTBEGIN G �P °P \ Q SUBJECT \ 0 Jr` \�° o� till EA inT 6, o \ K H OF LEGAL OESCRIP HON Drawn by: Checked by File name Date Scale Drawing Name "This is NOT a Boundary Survey" BMM DMT 7053.50 1,7 /18/2022 `:1"=66' 053-ease-Zitzman.dw Masteller, Moler & Taylor, Inc. PROFESSIONAL SURVEYORS AND MAPPERS CO LAND SURVEYING BUSINESS #4644 1655 27th Street, Suite 2 Vero Beach, Florida 32960 Phone: (772) 564-8050 Fax: (772) 794-0647 AVID TAYLQR P.S. b243 (SEAL)