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Home My WebLink About2021-040RESOLUTION NO. 2021 - 040 A RESOLUTION OF INDIAN RIVER COUNTY, FLORIDA, RELEASING A PORTION OF AN EASEMENT LOCATED AT 170 SEASPRAY LANE IN THE TOWN OF ORCHID WHEREAS, Indian River County has an interest in a Visual Access Easement located at 170 Seaspray Lane, in the Town of Orchid; and WHEREAS, VRB Realty, LLC., the owner of the property, has made application to Indian River County requesting that the County release a portion of the easement; and WHEREAS, the retention of the easement, as described below, serves no public purpose; NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Indian River County, Florida that: INDIAN RIVER COUNTY DOES HEREBY RELEASE and abandon all right, title, and interest that it may have in the following described easement: A portion of the twenty (20) foot visual access easement being described as follows: that portion of the visual access easement lying within Lot 38, as depicted on the plat entitled Orchid Island Plat S as recorded in Plat Book 13 Page 23A, of the public records of Indian River County, Florida. This release of easement is executed by Indian River County, a political subdivision of the State of Florida, whose mailing address is 1801 27th Street, Vero Beach, Florida 32960. THIS RESOLUTION was moved for adoption by Commissioner Adams 'seconded by Commissioner Flescher , and adopted on the 8th day of June , 2021, by the following vote: Chairman Joseph E. Flescher AYE Vice -Chairman Peter D. O'Bryan AYE Commissioner Susan Adams AYE Commissioner Joe Earman AYE Commissioner Laura Moss AYE The Chairman declared the resolution duly passed and adopted this 8th day of June '2021 °Y COfti�j�'�, BOARD OF COUNTY COMMIS�S4PFLr ss OF INDIAN RIVER COUNTYE O s A ✓F� a By. Joseph E. Flescher, Chairman' ATTEST LIN APPROVED AS TO LEGAL FORM: County Attorney R. Smith, Cjerk of Court Page 13 Exhibit "A" PETI7E'ION FUR RELEASE OF PUBLICLY DEDICATED EASIEMENT VRB Realty LLC , hereby petitions Indian River County to (Print Name) release the: old Jungle Trail easement (description of easement / i.e. rear 10' drainage & utility, conversation, etc.) located In/at 170 Seaspray Lane, Orchid, FL 32963 (address, subdivision n=c, parcel ID #, or tract) If requesting release of a portion of an easement, fill in section below and submit a legal description of arca to be released- Role= eleasedRole= casement and tenninatiag at Pig. laying adjacent to (or in) Block , Lot 38 , Section , ToAmship , Range as recorded in Plat Book 6 , Page 13-23 , Public Records of Indian River County, Florida. The reason for this request is (should include intended use of property): To remove easement for old Jungle Trail which is no longer in use to allow construction of residence on private lot. Applicants Name (Please Print): John Kean Mailing address: 176 North Shore Road, Vero Beach, FL 32963 T,1m«a„«n di. R_mail• �ekKea%&Ao1•cotA Date: '11P,12-1 List of property owners abutting portio)¢ of public easement requested to be released: 190127LStraL Vem BeachFL32960 FACo=unigybevvkpmtmAWUCATl0NWbdcFWfmoemrnt2PplicuiWMUklCx=MUa=Ldco 2 Exhibit "B" ORCHID ISLAND --- PLAT 5 A SUBDIVISION IN SECTIONS 22 AND 23, TOWNSHIP 31 SOUTH, RANGE 39 EAST, TOWN OF ORCHID, INDIAN RIVER COUNTY, FLORIDA 1p 4 2p —ST rlu.n" ORCHID ISLAND --- PIAT 8W 39 L. . cowm�r WT I MIM TRjlL 0 ugTA —rT�ENT LOT s 'o- 1-7o CURVE TABLE ORCHID ]S�LIAND --- PLAT I a M. m pu, WX,l ORCHID ISLAND --- KAT I P—RUD O a PUT RMM or I'mmumm 'o- 1-7o CURVE TABLE ORCHID ISLAND --- KAT I P—RUD O a PUT -D P'j OR, :=Maki T.2111 MWWWO+ls WQUEEN AND ASSOCIATES, INC "TOW WoMm 9nr4y0113• m Pu4KRki owPep. Pt w 43 atJ4 42 LEGAL DESCRIPTION Page 15 512/21 &rc, t5.ov Dat. .55 Exhibit "C" Landmark Web Official Records Search 620526 WHEREAS, Orchid Island ,Associates Limited Partnornhip, a Connecticut limited partnership, hereinafter 'Grantor', is the Poo simple owner of certain property situated in the Town of Orchid, Indian River County, Florida, which property is currently undergoing deveiopmentl and WHEREAS, Grantor's property is immediately adjacent to Jungle Traill and WHEREAS, Graneoes, Indian River County and Town of Orchid have agreed to allow tho Grantor to realign a portion of Jungle Trail, the County having found that the plan for realignment has mot each of the criteria established by the Indian River County Jungle Management Plan; and WREREAS, the parties have agreed that it is desirable to preserve the line of night along the length of that portion of Jungle Trail abandoned by the County; W I T H E S S E T Ht That Grantor, for and in consideration of the approval by Indian River County to realign Jungle Trail, furthor and in consideration of rho approval by rho Town of Orchid for the construction of the realigned portion of Jungle Trail, and other good and valuable consideration, by those prosants does grant to Indian River County and Town of Orchid, hereinafter 'Grantees", an casement preserving visual access or lino of sight over that real property described in Exhibit 'A'. Vertical structures which would impair the line of sight such as buildings, sheds, shacks, houses, or garagos shall not be erected in the area described. Grassy areas, planted areae, landscaping, walking paths, fairways, greens, golf cart paths, drainage awales, roadways, utilities, and other uses which do not impair the lino of sight shall be rPermitted in the doacribed easement. '1t. 6.i11iCtt. C;; 01 Mom CA4r1 1Cvcr C ---AV ' bv:;L% 1 O.R. 846 P6 0136 httWJlori.srdian-riverorgrsearWndex?thwne=.WueSsection=searchCriteri3BookPage&cgi4kSearchSelection=* 113 Page 16 Landmark Web Offscial Records Search Thin easement shall be perpetual and shall run with the land and be binding upon all subsequent owners of the serviont estate. This easomont shall not be assignable by tho Grantees. This easement may be enforce=d by the Grantees by injunction or proceeding in equity or at law. This casement may be released by the Grantees to the owners of the serviont estate. Thia i easement shall be recorded and indexed in the same manner as any other inatrumont affecting the title to coal proporty. Grantor hereby covenants that it is lawfully seized of saidi servient land in fee simple, and that it 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, Grantor has caused these presents to be executed this day of (00[ , 1989. WITNESSES: ORCHID ISLAND ASSOCIATES LIMITED PARTNERSHIP, A Connecticut I ed Partnership RIC 11ERTS CO., INC., y Goner 1 Pa nor Jljd By1 .......•...,: ~ Robert It. H i•II,•' ar'f* eltlont. ( corporate STATE OF CoNuF-C`f1CV COUNTY or � I HEREBY CERTIFY that on this day, before me, ani officer duly authorized in the State and County aforosai o take acknowledgments, personally appeared ROBERT H. iIAINES well known to me to be the President of RICHARD ROBERTS CO. C. General Partner of ORCHID ISLAND ASSOCIATES LIMITED P RSHIP, and that he acknowledged executing the nano in the presence of two subscribing witnesses freely and voluntarily under authority duly vosted in him by said corporation and that the seal affixed thereto is the true corporate seal of said corporation. Witness my hand and official serf in the CouAA y and State last aforesaid this .1(ajb day of �&�, 19 d . Notary Public +;,e.(S{4WL�i ' f.• �': My Commission Expires 2 PATRICIA D. REIOY NOTARY PU[ILIC •dV cm.-USMIt CMUS SM[N 31. 1931 0. R. 846 P6 0137 hti Jiwi.indian•rsverc4sewWnde)Otheme=.blue&secLion=searchCriteria3ookPageSquickSeardi$ek.ction=:g 213 SETO ed 968 -8-0 *%001 8V*Zt + 661 UOT4V39 03 200; Z6' 8b + C41 UOT40ZS -)X; VPTXOTA 'AW"D =OATH UL'TPUZ go Gpxo0ou OTTC[nd v 06va PCT 400a 40rd UT POPMODOX ou OUTTOCaq dum GDUwU's:tu-Fvw TTP.TJ- OTbunr Oq4 70 OPTO ZOR-476 UO 300A UOX LPJCaS 5PJO*013 ICP -40 q-3M)pcwpurl tzm97j9 Ll abed un cn co *%001 8V*Zt + 661 UOT4V39 03 200; Z6' 8b + C41 UOT40ZS -)X; VPTXOTA 'AW"D =OATH UL'TPUZ go Gpxo0ou OTTC[nd v 06va PCT 400a 40rd UT POPMODOX ou OUTTOCaq dum GDUwU's:tu-Fvw TTP.TJ- OTbunr Oq4 70 OPTO ZOR-476 UO 300A UOX LPJCaS 5PJO*013 ICP -40 q-3M)pcwpurl tzm97j9 Ll abed Page 18 Exhibit "D" Release of Visual Access Easement on 170 Seaspray Lane The Town Manager explained that since the last meeting he had reached out to adjoining property owners as well as the Orchid Island Community Association and that he had received no feedback against the release of the Visual Access Easement upon the vacant residential lot at 170 Seaspray Lane. Councilmember Browning moved to grant the request for release of the Visual Access Easement of October 16,1989, as it pertains specifically to the property addressed as 170 Seaspray Lane. Councilmember Benedetto seconded the motion. The Town Clerk took a roll -call vote as follows: Councilmember Benedetto ................ aye Vice -Mayor Knapp ................................ aye Mayor Gibbons ...................................... aye Councilmember Browning .................. aye Page 19 Exhibit "E"