HomeMy WebLinkAbout2022-004A TRUE COPY
CERTIFICATION ON LAST PAGE
Prepared by and return to:
J.R. SMITH, CLERK
City Attorney
P.O. Box 1389
Vero Beach, FL 32961-1389
Property Appraiser's Parcel
Identification No.: 33-40-05-00016-0000-00000.1
ACCESS EASEMENT DEED
(#2021 -EG -269)
THIS INDENTURE made and entered into this day of
2022, ("Effective Date") by and between CITY OF VERO BEACH, a Florida municipal
corporation (the "Grantor"), whose mailing address is P.O. Box 1389, Vero Beach, Florida
32961-1389, and the INDIAN RIVER COUNTY, a political subdivision of the state of
Florida (the "Grantee"), whose mailing address is 1801 27th Street, Vero Beach, Florida
32960-3388.
(Wherever used herein the terms "Grantor" and "Grantee" include all the parties to
this instrument and their respective heirs, legal representatives, successors, and assigns).
WITNESSETH:
That Grantor is the owner in fee simple of that certain real property located at South
Beach Park / 1704 Ocean Drive, lying, situate, and being in Indian River County,
Florida, more particularly described as:
A portion of Re -plat No. 1 of Vero Beach Villas, as recorded in Plat Book 2, Page(s)
21, of the Public Records of Incian River County, Florida, being a portion of South
Beach Park and being more particularly bounded and described in Exhibit "A,"
attached hereto and incorporated herein, (hereinafter the "Property").
That Grantor, for good and valuable consideration, the receipt and sufficiency of which are
hereby acknowledged, hereby grants to the Grantee, its successors and assigns, an exclusive
easement in perpetuity for access, staging and storage purposes during beach and dune restoration
projects, which easement shall be as more particularly described in Exhibit "A" (hereinafter
"Easement"), attached hereto and incorporated herein by reference, and which Easement shall run
with and be a burden upon the Property.
Grantor hereby reserves for itself, it successors and assigns, 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 by Grantor and its employees, agents, customers,
and invitees, over, across, and through the Easement Premises.
Grantor further grants to the G-antee, its agents, employees, contractors, and assigns, a
right to enter the property for the purpose of access to, and/or maintenance of, any of the Grantee's
improvements. Grantee shall not be otherwise responsible for maintenance of the Easement
Premises.
Page 1 of 3
N:\Client Docs0epartmentsTublic Works\EASEMENTS�021.11.22.Access.South.Beach.Park.COVB.IRC.docx
A TRUE COPY
CERTIFICATION ON LAST PAGE
J.R. SMITH, CLERK
The parties hereto, to the extent permitted by law and without waiving the limits of
sovereign immunity as set forth in section 768.28, Florida Statutes, agree to indemnify, defend and
hold harmless each other and their respective elected officials, officers, and employees against any
claim, action, loss, damage, injury, liability, cost or expense, including, but not by way of
limitation, reasonable attorneys' fees and court costs, arising out of injury to persons, including
but not limited to death, or damage to property, caused by the negligence of the indemnifying party
in connection with this Agreement.
The undersigned hereby covenants and warrants that Grantor owns the said land described
herein and the undersigned, as or on behalf of Grantor, has the right to grant this Easement.
IN WITNESS WHEREOF, th; Grantor has duly authorized and caused this Indenture to
be executed in its name as of the day and year first herein written.
GRANTOR:
ATTEST: CITY OF VERO BEACH, a Florida
municipal corporation
By:
Tammy K. Bursick Monte K. Falls, P.E.
City Clerk City Manager
Seal: Date:
ADMINISTRATIVE REVIEW
(For Internal'Use Only—Sec. 2-77 COVB Code)
Approved as to form and legal sufficiency: Approved as to technical requirements:
John S. Turner
City Attorney
Matthew T. Mitts, P.E.
Director, Public Works
Page 2 of 3
NAClient Docs\Departments\Public Works\EASEMENTS\2021.11.22.Access. South. Beach. Park, COVB.IRC.docx
A TRUE COPY
CERTIFICATION ON LAST PAGE
J.R. SMITH, CLERK
ACCEPTANCE OF CONVEYANCE
The foregoing conveyance is :,iereby accepted by the City of Vero Beach, Florida,
evidenced by the signature of the undersigned, who is authorized to accept this conveyance.
ATTEST: INDIAN RIVER COUNTI�; k'LO
By its Board of County Cosion�
n
Deputy Clerk
(Official Seal)
Approved as to form and
legal sufficiency:
Dylan Reingold, County Attorney
as
1.2
Peter D. O'Bryan,
BCC approved: Janua
Page 3 of 3
N:\Client Docs\Departments\Public Works\EASEMENTS�2d21.11.22 Access. South.Beach.Park. COVB.IRC.docx
Vic•
11, 2022
OG��N
$�,
w
pS1Ato
Ni1C
o
O
I -
w
W
w
w
J
�
S
Q
J
un
U
y
z
Fo
g
cn
w
z
3
N
0
co
mo �
t`
� -FI o �
2
Ln
�
Q
N
Z
a
C,4
U
W
>
N
cn
X
X
0O
_
M
N
O
z C7
3 0
Z
i
d
p
Q
=
Z N
o
W
o
U
U
X
W
w
o
N
C
j
o
W
1
O
W\
o N
D
Q
Q
U
Z
O
W
U
(n
/)
�
Ld
_
_
v!
d z m O
In
L
g
U
�
0
W
_
Q
a
w
U
m Q z
x z o
rr
m
o
w
(�
o N� � Q Y
C/5
z
N
Y
c�
Q
N N Q 0_ O
w
z U
UQ
W
2
Z
o
o
_>
2'
o F-- O CO
LIJ Q
W
(
Q
0
t—
0'
� LLJ
M
Q
a
►—
o
z
U
J
o g
w m
N
U
Do
o
W
W
o 0
Cn
j
�
o
U
0
co
Q
W
W
O
O
Q
o
o
O
EL
O
D
(/� O
m
=
n
(n
m
cl:�
V) un
o
F-
D
Q
W
z
O
a-
o
o
U LL
a
)
LL-
U O
WU
O
<
I_I
00
20
� N
Z
0
N z m
o
U
N x
0Li
m i
u
O
o
z
L7
5 w
z0 s
C -)N
w o
o�
z
o= o
C
o
�- o
,8Z ZU
0-
Lij
Cn
--
cn
J
Lm
O
_
w
o
Q
m
>
DRIVE °0
O
z
LIJ
- -
-�
a
-�---�
----�`"-
>
LL-
O
_
?
-- --
O
Z
z
O
m
1 t r'I t OF FLORIUNLTJ
INDIAN RIVER COUNTY
Y
Z
=
IS IS TO CERTIFY THAT THIS IS A TRUE AND CORRECT
(n
p
F
Q
OPY OF THE ORIGINAL ON FILE IN THIS OFFICE.
LLJ
LLI
00
F
W
v
JE FREY R. SARI H, kERK
V)
Z
1
2 0
ATE n�- D3- aoa�,
o
w