HomeMy WebLinkAbout1989-066WHEREAS, on March 10, 1969 the County received a duly execut-
Z& ed petition from orchid Islam, ociatct C/O Darrell McQueen, 700
M 22nd Place, Suite 1, -Vero Beach, Florida requesting the County
,o to close, ,,yre', abandon and disclaim any right, title and
y interest of the County and the public in and to all that portion
91 r�
THAT PORTION OF AN EIGHTEEN FOOT t WIDE DIRT ROAD KNOWN AS
to O JUNGLE TRAIL LYING ON OR ADJACENT TO THE EAST LIN£ OF
GOVERNMENT LOT 3 AND THE WEST LINE OF GOVERNMENT LOT 4
a'SECTION 23 TOWNSHIP 31-S RANGE 39-E INDIAN RIVER COUNTY,
FLORIDA SAID LINES BEING CONTIGUOUS AND THAT PORTION OF AN
C) EIGHTEEN FOOT t WIDE DIRT ROAD KNOWN AS JUNGLE TRAIL LYING ON
OR ADJACENT TO THE NORTH LINE OF GOVERNMENT LOT 3 AND THE
SOUTH LINE OF GOVERNMENT LOT 2 SECTION 23 TOWNSHIP 31-S RANGE
j C!r+f
'n")" a 39-E INDIAN RIVER COUNTY, FLORIDA SAID LINE BEING CONTIGUOUS
�i0ir;' AND THAT PORTION OF AEIGHTEEN FOOT t WIDE DIRT ROAD KNOWN
r ,`w N AS JUNGLE TRAIL LYING ON OR ADJACENT TO THE SOUTH 164.47 FEET
C, eL
OF THE FAST LINE OF GOVERNMENT LOT 1 SECTION 22-31-39 AND THE
Qcr SOUTH 164.74 FEET OF THE WEST LINE OF GOVERNMENT LOT 2
SECTION 23-31-39 INDIAN RIVER COUNTY, FLORIDA SAID LINE BEING
CONTIGUOUS. SAID ABANDONMENT BEING FURTHER DESCRIBED AS FROM
> STATION_ 1_73 t 4_8.92 FEET, TO STATION 194 ±42.48 FEET, AS
U SIIOWN ONS THE BASELiFiE MAINTENANCE MAPFOR NORT2i JUNGLE TRAIL
AS FOUND IN PLAT BOOK 13 PAGE 4 , PUBLIC RECORDS OF
INDIAN RIVER COUNTY, FLORIDA. �W__
WHEREAS, petitioner proposed to dedicate a right-of-way to
realign the subject right-of-way to be abandonedt and
WHEREAS, in accordance with Florida. Statutes 5336.10, notice
of a public hearing to consider said petition has been duly
published; and
WHEREAS, after consideration of the petition, supporting
documents, staff investigation and report, and testimony of all
those interested and present, the Board finds that said
right-of-way is not a state or federal highway, nor does said
right-of-way abandonment and realignment adversely affect neces-
sary roadway continuity of the County's street and thoroughfare
network, nor access to any given private property.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMIS -
SIGNERS OF INDIAN RIVER COUNTY, FLORIDA that.
1. All right, title and interest of the county and the public in
and to that certain right-of-way being known more particular-
ly described as%
DOC, St - AMT, t
JK. BMTON, Clerk of CTMM COO [1
indlan Rivet County - by. C l V
-l-
O.R. 846 PG 0112
'
•
'�
620521
RESOLUTION NO. 89-66
RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN
RIVER COUNTY, FLORIDA, PROVIDING FOR THE ABANDONMENT AND
REALIGNMENT OF THAT PORTION OF AN EIGHTEEN FOOT i WIDE DIRT
ROAD KNOWN AS JUNGLE TRAIL LYING ON OR ADJACENT TO THE EAST
LINE OF GOVERNMENT LOT 3 AND THE WEST LINE OF GOVERNMENT LOT
4 SECTION 23 TOWNSHIP 31-S RANGE 39-E INDIAN RIVER COUNTY,
FLORIDA SAID LINES BEING CONTIGUOUS AND THAT PORTION OF AN
EIGHTEEN FOOT t WIDE DIRT ROAD KNOWN AS JUNGLE TRAIL LYING ON
OR ADJACENT TO THE NORTH LINE OF GOVERNMENT LOT 3 AND THE
SOUTH LINE OF GOVERNMENT LOT 2 SECTION 23 TOWNSHIP 31-S RANGE
39-E INDIAN RIVER COUNTY, FLORIDA SAID LINE BEING CONTIGUOUS
AND THAT PORTION OF AN EIGHTEEN FOOT t WIDE DIRT ROAD KNOWN
AS JUNGLE TRAIL LYING ON OR ADJACENT TO THE SOUTH 164.47 FEET
OF THE EAST LINE OF GOVERNMENT LOT 1 SECTION 22-31-39 AND THE
SOUTH 164.74 FEET OF THE WEST LINT•. OF GOVERNMENT LOT 2
SECTION 23-31-39 INDIAN RIVER COUNTY, FLORIDA SAID LINE BEING
CONTIGUOUS.
WHEREAS, on March 10, 1969 the County received a duly execut-
Z& ed petition from orchid Islam, ociatct C/O Darrell McQueen, 700
M 22nd Place, Suite 1, -Vero Beach, Florida requesting the County
,o to close, ,,yre', abandon and disclaim any right, title and
y interest of the County and the public in and to all that portion
91 r�
THAT PORTION OF AN EIGHTEEN FOOT t WIDE DIRT ROAD KNOWN AS
to O JUNGLE TRAIL LYING ON OR ADJACENT TO THE EAST LIN£ OF
GOVERNMENT LOT 3 AND THE WEST LINE OF GOVERNMENT LOT 4
a'SECTION 23 TOWNSHIP 31-S RANGE 39-E INDIAN RIVER COUNTY,
FLORIDA SAID LINES BEING CONTIGUOUS AND THAT PORTION OF AN
C) EIGHTEEN FOOT t WIDE DIRT ROAD KNOWN AS JUNGLE TRAIL LYING ON
OR ADJACENT TO THE NORTH LINE OF GOVERNMENT LOT 3 AND THE
SOUTH LINE OF GOVERNMENT LOT 2 SECTION 23 TOWNSHIP 31-S RANGE
j C!r+f
'n")" a 39-E INDIAN RIVER COUNTY, FLORIDA SAID LINE BEING CONTIGUOUS
�i0ir;' AND THAT PORTION OF AEIGHTEEN FOOT t WIDE DIRT ROAD KNOWN
r ,`w N AS JUNGLE TRAIL LYING ON OR ADJACENT TO THE SOUTH 164.47 FEET
C, eL
OF THE FAST LINE OF GOVERNMENT LOT 1 SECTION 22-31-39 AND THE
Qcr SOUTH 164.74 FEET OF THE WEST LINE OF GOVERNMENT LOT 2
SECTION 23-31-39 INDIAN RIVER COUNTY, FLORIDA SAID LINE BEING
CONTIGUOUS. SAID ABANDONMENT BEING FURTHER DESCRIBED AS FROM
> STATION_ 1_73 t 4_8.92 FEET, TO STATION 194 ±42.48 FEET, AS
U SIIOWN ONS THE BASELiFiE MAINTENANCE MAPFOR NORT2i JUNGLE TRAIL
AS FOUND IN PLAT BOOK 13 PAGE 4 , PUBLIC RECORDS OF
INDIAN RIVER COUNTY, FLORIDA. �W__
WHEREAS, petitioner proposed to dedicate a right-of-way to
realign the subject right-of-way to be abandonedt and
WHEREAS, in accordance with Florida. Statutes 5336.10, notice
of a public hearing to consider said petition has been duly
published; and
WHEREAS, after consideration of the petition, supporting
documents, staff investigation and report, and testimony of all
those interested and present, the Board finds that said
right-of-way is not a state or federal highway, nor does said
right-of-way abandonment and realignment adversely affect neces-
sary roadway continuity of the County's street and thoroughfare
network, nor access to any given private property.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMIS -
SIGNERS OF INDIAN RIVER COUNTY, FLORIDA that.
1. All right, title and interest of the county and the public in
and to that certain right-of-way being known more particular-
ly described as%
DOC, St - AMT, t
JK. BMTON, Clerk of CTMM COO [1
indlan Rivet County - by. C l V
-l-
O.R. 846 PG 0112
RESOLUTION NO, 69-- 66
THAT PORTION OF AN EIGHTEEN FOOT t WIDEDIRTROAD KNOWII AS
JUNGLE TRAIL LYING ON OR ADJACENT TO THE EAST LINE OF GOVERN-
MENT LOT 3 AND THE WEST LINE OF GOVERNMENT LOT 4 SECTION 23
TOWNSHIP 3-1-S RANGE 39-E INDIAN RIVER COUNTY, FLORIDA SAID
LINES BEING CONTIGUOUS AND THAT PORTION OF AN EIGHTEEN FOOT ±
WIDE DIRT ROAD KNOWN AS JUNGLE TRAIL LYING ON OR ADJACENT TO
THE NORTH LINE OF GOVERNMENT LOT 3 AND THE SOUTH LINE OF
GOVERNMENT LOT 2 SECTION 23 TOWNSHIP 31-S RANGE 39-E INDIAN
RIVER COUNTY, FLORIDA SAID LINE BEING CONTIGUOUS AND THAT
PORTION OF AN EIGHTEEN FOOT i WIDE DIRT ROAD KNOWN AS JUNGLE
TRAIL LYING ON OR ADJACENT TO THE SOUTH 1.64.47 FEET OF THE
EAST LINE OF GOVERNMENT LOT l SECTION 22-31-39 AND THE SOUTH
1164.74 FEET OF THE WEST LINE OF GOVERNMENT LOT 2 SECTION
23-31-39 INDIAN RIVER COUNTY, FLORIDA SAID LINE BEING CONTIG-
UOUS. SAID ABANDONMENT BEING FURTHER DESCRIBED AS FROM
STATION 173 i 48.92 FEET, TO STATION 194 ± 42.48 FEET, AS
SHOWN ON THE BASELINE MAINTENANCE MAP FOR NORTHJUNGLE TRAIL
AS FOUND IN PLAT BOOK 13_PAGE 4 ~ .-I PUBLIC RECORDS OF
INDIAN RIVER COUNTY, FI.OMiT_ ~
is hereby forever closed, abandoned, vacated, surrendered,
discontinued, remissed and released, with the exception of
and subject to the following conditions:
a. That the legal arrangement for obtaining dedication of
the proposed rights-of-way and the granting of easements
and buffers and conservation tract(s) to the County be
approved by the County Attorney's Office prior to final
recording of the abandonment documentst
b. that the applicant dedicate the proposed road
rightq-of-way and conservation tracts and grana; buffer
easements to the County for road, drainage, and vege-
tation preservation uses along the project's entire
Jungle Trail frontage and that the language establishing
said areas onsuren that titre Jungle Trail Management Plan
"protected areas" provisions arra met or exceaded where
applicable;
C. that the applicant: grant to the County and the, Town of
Orchid a conservation tract and bni'fer areas between the
proposed new Trail and S.R. A.I.A. (except for an area
around the project's entrance road not to exceed a total
width of 200') and between the new Trail, and the
project's south property boundary located cas3t. of the.
existing Trail, for purposes of preserving vegetation;
d. that the proposed 30' "habitable building setback"
instead be established and granted to the County as a
buffer area, allowing only preservation Of existing
vegetation and the location or construction of;
1. vegetative plantings,
2. fences or walls located at least 10' from the inner
(Trail --ward) boundary of the 30' buffer,
3, golf cart and/or pedestrian paths
e. that the applicant grant 5' wide limited access ease-
ments (can be is conjunction with buffer easements) to
the County along the project's entire Jungle Trail.
frontage, except where there are existing approved
driveways and the proposed project entrance road and
golf maintenance vehicle driveway;
f, that the applicant have in place historic information
and original alignment markers and that the applicant
grant to the Town and County an easement enveloping the
original roadway alignment location such that the
building of structures within the easement is prohibited
t
RESOLUTION NO. 89-66
and the prohibition is enforceable. The applicant shall
also mark and maintain public visual access of the
original alignment from the new alignment and provide
historical information regarding the Trail prior to
final effect of the abandonment.
g. Prior to final effect of the abandonment, the applicant
shall obtain from the County Public Works department a
right-of-way permit detailing construction of all
traffic, road and drainage aspects of the newroadway,
construct the requested improvements, and obtain accep-
tance and approval of the new construction by the Public
Works director. The constructed roadway shall accommo-
date grove service traffic at least as well as the
existing alignment without adversely impacting tree
preservation.
2. Notice of the adoption of this resolution shall be forthwith
published once within thirty (30) days from the date of adoption
horeoft and
3. The clerk is hereby directed to record thiP, revolution
together with the proofs of publication required by Florida
Statues 5335.lo in the Official Books of Indian fiver County
without undue delay.
The foregoing resolution was offered by Commissioner Scurlock
who moved its adoption. The motion was seconded by Commis onar
and open being put to a vote, the vote was as follows:
Chairman Gary C. Wheeler Ay!!. -
Vice -Chairman Carolyn K. Eggert Ayq_
Commissioner iron C. Scurlock, Jr. Ayg-
Commissioner Margaret C. Bowman Nsly_
Commissioner Richard N. Bird Ayg
The Chairman thereupon declared the resolution duly pasvr.d
and adopted this 27th day of _June ------- 1989.
BOARD OF COUNTY COMMISSIONERS
OF INDIAN RIVED COUNTY, FLORIDA
BY: �K.
4 CaralynEggC �, Vice Chairman
Board a ounty �thmissioners
ATTEST:
fK. 3arton,'//Ie/[}rk
State of Florida �=�aR�
Countyof Indian ri er
I HEREBY CERTIFY that on thin day, before me, an officer duly
authorized in this .State and County to take acknowledgements,
personally appeared CAROLYN K. ECGERT and JEFFREY K, BARTON, as Vice
Chairman of the Board of County Comm.i.ssioners and Clerk, respec-
tively, to me known to be the persons described in and who execut-
ed the foregoing instrument and they acknowledcled before me that
they executed the same.
-3-
O.H. 846 IN 0114
O
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620 723
DEED
"� THIS DEED, executed this lCr A-
lday of
1(`•�)0� F , 1989, by ORCHID ISLAND ASSOCIATES LIMITED
PARTNERSHIP, a Connecticut limited partnership, having its
principal place of business at 9300 Town Square/Town of Orchid,
Vero Beach, FL 32963, Grantor, to INDIAN RIVER COUNTY, a
i.
political subdivision of the State of Florida, whose post office
address is 1840 - 25th Street, Vero Beach, Florida 32960,
Grantee.
W I T N E S S E T H:
That said Grantor, for and in consideration of the sum
of $10.00 in hand paid by the said Grantee, receipt whereof is
hereby acknowledged, does hereby remise, release and grant unto
the said Grantee forever, all the right, title, interest, claim
and demand which the said Grantor has in and to the following
described lot, piece or parcel of land, situate, lying and being
in the County of Indian River, State of Florida, to wit:
See Exhibit "A", attached hereto
(the "Property")
For use as Right -of -Way only, with no parking of motor vehicles
to be permitted thereon; provided, however, title to the j
Property will revert to the Grantor, its successors and/or
assigns, upon use of the Property as anything other than Right -
of -Way without parking.
i
Reserving unto Grantor a perpetual easement to pave, 1
landscape, and maintain that portion of the real property which
is described as, .tract D, Orchid island Plat 6, as recorded in
Public Records Plat Book Page /._ , Indian River
County, Florida.
And also reserving unto Grantor a perpetual easement
i
for the construction, operation, maintenance, and repair of
underground drainage and utility lines, upon and across the
following described property:
See Exhibit "B", attached hereto
TO HAVE AND TO HOLD the same together with all and
i!
singular the appurtenances thereunto belonging or in any wise
DOC. ST. ^ AMT. B
J;,. UPTCTL C,,vk of Circult Coot
_...: Rfvcr Cckvy - by J`. e-.1—
O.R. 846 PG ni i A
appertaining, and all the estate, right, title, interest, lien,
equity and claim whatsoever of the said Grantor, either in law
or equity.
IN WITNESS WHEREOF the said Grantor has caused these
presents to be executed in its name and its corporate seal to be
hereunto affixed, by its property officers thereunto duly
authorized, the day and year first above written.
WITNESSES: ORCHID ISLAND ASSOCIATES LIMITED
PARTNERSHIP, A Connecticut Limited
Partnership
RICHAROBERTS Co., _a
Gene
P t
Con �a�' ) '
BY:
Robert 11 . 1, 'is I II,',.,Vreb.ident
(Corporat4 S63al))
STATE OF V%OR-MA
COUNTY OF I-Nal-AN--iUVER
I HEREBY CERTIFY that on this day, before me, an officer
duly authorized in the State and County aforesaid �to ' e
acknowledgments, personally appeared ROBERT H. HAI.NE111, 11
known to me to be the President of RICHARD ROBERTS CO., INC. I
General Partner of ORCHID ISLAND ASSOCIATES LIMITED PARTNERS, P,
and that he acknowledged executing the same in the presence of
two subscribing witnesses freely and voluntarily under authority
duly vested in him by said corporation and that the seal affixed
thereto is the true corporate seal of said corporation.
Witness my hand anC official sea; in the County and State
last aforesaid thisit 19
day of I -ff.
fl
Notary Public
(.Seal) My Commission Expiresi
PATRICIA 11 RCAL)Y
t!y 0',,AI40R EXPIRES MARCH 31. 1993
G 0119
M
6205,94
DECLARATION OP COVENANTS AND RRRTRTVT10NR
KNOW ALL MEN BY THESE PRESENTS:
WHEREAS, Orchid Island Associates Limited Partnership, a
Connecticut limited partnership, hereinafter "Declarant", is the
fee simple owner of certain property situated in the Town Of
Orchid, Indian River County, Florida, which property is
currently undergoing development; and
WHEREAS, Declarant's property is immediately adjacent to
Jungle Trail; and
WHEREAS, Declarant desires to protect a buffer area along
Jungle Trail to the extent provided herein;
NOW, THEREFORE, in consideration of these premises, the
Declarant does hereby declare the real properties described
below to be subject to the following restrictions, covenants,
reservations, and conditions, binding upon the said Declarant
and upon each and every person, whether real, corporate, or
governmental, who or which shall acquire hereafter said real
property or any part thereof, and their respective heirs,
successors, and assigns, and shall inure to the benefit of each
owner thereof. Said restrictions, reservations, and conditions
are as follows:
A. Over, upon and across that real property described in
Exhibit "A", to preserve and supplement existing native i
vegetation, the following restrictions.
1. Exotic plant species may be removed if replaced
with native vegetation of approximately the same
density and depth. Australian pines may be "topped,,
to within thirty feet (301) above ground elevation.
If Australian pines are removed they shall be replaced
with canopy trees.
it
O.R. R46 PG 0122
2. No berming or structures or fences shall be
permitted in this area.
3. Ingress to and egress from Jungle Trail shall be
prohibited across this area except at those points
described in Exhibit "A -l". Additional points of
Ingress to and egress from Jungle Trail may be
permitted by appropriate recorded instrument executed
by Indian River County and the Town of Orchid.
a. Unless otherwise provided herein, buildings shall be
set back thirty feet (301) from that real property
described In Exhibit "B". Fences or walls may be located
within this area if set back at least ten feet (101) from
the real property described in Exhibit "W..
This Declaration of Covenants and Restrictions in created
for the benefit of the Declarant and of Indian River County and
of the Town of Orchid in consideration of development approval
and of authorization to realign a portion of Jungle Trail. The
Declarant has this date executed a deed to Indian River County
for a portion or portions of Jungle Trail, which deed restricts I
the property conveyed for use as a right-of-way without parking,
and which deed contains a reverter clause in the event of
violation of the use restrictions. A copy of said deed is
attached hereto as Exhibit "C". in the event title to said
property reverts or is otherwise conveyed to Declarant
(Grantor), this Declaration of Covenants and Restrictions shall
expire, release, and become null, void, and of no effect,
without the necessity of recording any other document.
Except as provided above, these covenants and restrictions i
shall be appurtenant to the Declarant's adjacent properties and
shall have perpetual existence unless and until such time as
released by appropriate recorded instrument executed by the then
owner or owners of the servient estate, with the written joinder
2
O.R. 846 Po 0123
V
2. No berming or structures or fences shall be
permitted in this area.
3. Ingress to and egress from Jungle Trail shall be
prohibited across this area except at those points
described in Exhibit "A -l". Additional points of
Ingress to and egress from Jungle Trail may be
permitted by appropriate recorded instrument executed
by Indian River County and the Town of Orchid.
a. Unless otherwise provided herein, buildings shall be
set back thirty feet (301) from that real property
described In Exhibit "B". Fences or walls may be located
within this area if set back at least ten feet (101) from
the real property described in Exhibit "W..
This Declaration of Covenants and Restrictions in created
for the benefit of the Declarant and of Indian River County and
of the Town of Orchid in consideration of development approval
and of authorization to realign a portion of Jungle Trail. The
Declarant has this date executed a deed to Indian River County
for a portion or portions of Jungle Trail, which deed restricts I
the property conveyed for use as a right-of-way without parking,
and which deed contains a reverter clause in the event of
violation of the use restrictions. A copy of said deed is
attached hereto as Exhibit "C". in the event title to said
property reverts or is otherwise conveyed to Declarant
(Grantor), this Declaration of Covenants and Restrictions shall
expire, release, and become null, void, and of no effect,
without the necessity of recording any other document.
Except as provided above, these covenants and restrictions i
shall be appurtenant to the Declarant's adjacent properties and
shall have perpetual existence unless and until such time as
released by appropriate recorded instrument executed by the then
owner or owners of the servient estate, with the written joinder
2
O.R. 846 Po 0123
40
and approval of Indian River County and the Town of orchid
These covenants and restrictions may be enforced by Indian
River county and by the Town of orchid by injunction or
proceeding in equity or at law, and shall be recorded and
indexed In the same manner as any other instrument affecting the
title to real property.
Declarant hereby covenants that it is lawfully seized of
said land in fee simple, and that it has good right and lawful
authority to make this Declaration of Covenants and
Restrictions.
IN WITNESS WHEREOF, Grantor has caused these presents to be
executed this day of 1989.
11
WITNESSES:
ORCHID ISLAND ASSOCIATES LIMITED
PARTNERSHIP, A ConnecAcut Limited
Partnership
V -
RICHARD -7AG ERTS CO., INC., a
General Par ner
By, 1 u1
Rob Ha'. es III
ort H. President
(corporate Seal)
STATE oFCt).QV&,1-1t-1uF-
COU14TY Or JJ(J(,-FJ'7()01
I HEREBY CERTIFY that on this day, before me, all offk'cer
duly authorized in the State and County aforesaid to tike
6
acknowledgments, personally appeared ROBERT H. HAINES III, �
known to me to be the President of RICHARD ROBERTS Co., INC. 1
General Partner of ORCHID ISLAND ASSOCIATES LIMITED PARTNERS%P,
and that he acknowledged executing the same in the presence of
two subscribing witnesses freely and voluntarily under authority
duly vested in him by said corporation and that the seal
affixed thereto is the true corporate seal of said corporation.
Witness my hand anti official seal in the county and State
last aforesaid this 1(-4 day of ... ....... 19 •
i4 7
Notary Public
My Commission Expired:
PATRICIA U. Rr--ioy
3 IV UTA It 1' 1,
• "y C0N16IISSIOQ 10110 MARCH 31, 1921
O.R. 846 PC oin
•
D 1J—
DEFn
THIS DEED, executed this /I day of
1- 1989, by ORCHID ISLAND ASSOCIATES LIMITED
PARTNERSHIP, a Connecticut limited partnership, having its
principal place of business at 9300 Town Square/Town of Orchid,
Vero Beach, PL 32963, Grantor, to INDIAN RIVER COUNTY, a
political subdivision of the State of Florida, whose post office
address is 1840 - 25th Street, Vero Beach, Florida 32960,
Grantee.
W I T N E S S E T If:
That said Grantor, for and in consideration of the sum
of $10.00 in hand paid by the said Grantee, receipt whereof is
hereby acknowledged, does hereby remise, release and grant unto
the said Grantee forever, all the right, title, interest, claim
and demand which the said Grantor has in and to the following
described lot, piece or parcel of land, situate, lying and being
in the County of Indian River, State of Florida, to wits
See Exhibit "A", attached hereto
(the "Property")
For use as Right -of -Way only, with no parking of motor vehicles
to be permitted thereon; provided, however, title to the
Property wi'l revert to tate Grantor, its successors and/or
assigns, upon use of the Property as anything other than Right -
of --Way without parking,
Reserving unto Grantor a perpetual easement to pave,
landscape, and maintain that portion of the real property which
is described as: Tract D, Orchid Island Plat 6, as recorded in
Public Records Plat Book &,jI _, Page Indian River
County, Florida.
MAnd also reserving unto Grantor a perpetual easement
w o
w �
u° for the construction, operation, maintenance, and repair of
m a v M
G0,N underground drainage and utility lines, upon and across the
„ N C c following described property:
p u •.+ vi u
a a I See Exhibit "B", attached hereto
� C ••4O O
w o U m ," TO HAVE AND TO HOLD the same together with all and
r4 H� r
singular the appurtenances thereunto belonging or in any wise
.YIiI,aIT "C"
O.G. 846 PG 0128
appertaining, and all the estate, right, title, interest, lien,
equity and claim whatsoever of the said Grantor, either in law
or equity.
IN WITNESS WHEREOF the said Grantor has caused these
presents to be executed in its name and its corporate seal to be
hereunto affixed, by its property officers thereunto duly
authorized, the day and year first above written.
WITNESSES: ORCHID ISLAND ASSOCIATES LIMITED
PARTNERSHIP, A Connecticut Limited
Partnership
RIC ROBERTS CO., INC. a,
Gene al P tner �}
By . � _�"�"''�.
Robert H. 1 aann s III,
President
(Corporate Seal)
(Y,,V,UECT-W_0 `-
STATE OF PLOR-10A
COUNTY OF INDIAN—RIVER jAAN'0 UP1b
I HEREBY CERTIFY that on this day, before me, an officer
duly authorized in the State and County aforesaid to 0
acknowledgments, personally appeared ROBERT 11. HAI IIx, 1
known to me to be the President of RICHARD ROBERTS Co., INC.
General Partner of ORCHID ISLAND ASSOCIATES LIMITED PARTNERSH P,
and that he acknowledged executing the same in the presence of
two subscribing witnesses freely and voluntarily under authority
duly vestea in him by said corporation and that the seal affixed
thereto is the true corporate seal of said corporation.
Witness my hand an 11y
official qseg in the County and State
last aforesaid this — rda o}jf ( }1 r 19
//
Notary Public
(Seal)
my Commission Expire.
PATRICIA i3. REIDY,
NOT1111Y 1'11111.IC
My COMMI5S104 WIRES hIMICII 31, 1794
Vo\CY,\0A011 I0\QUIT—PEO\101309
n_e. 846 PG 0129
40
620525
CONSERVATION LASEMB—NT
WHEREAS, orchid Island Associates Limited Partnership, a
Connecticut Limited Partnership, hereinafter "Grantor", is the
fee simple owner of certain real property situated In the Town
of orchid, Indian River County, Florida, which is currently
undergoing development; and
WHEREAS, Grantor's property is adjacent to Jungle Trail and
also adjacent to State Road A -l -A; and
WHEREAS, the Grantor finds that it is appropriate to retain
certain of the Grantor's property in its natural, scenic, wooded
condition, retaining such areas as habitat for plants and
wildlife, except as provided herein; and
ii
WHEREAS, it is necessary and desirable to limit the use of
certain parcels of Grantor's property by the conveyance of a
conservation easement to the Town of orchid and to Indian River
County;
W I T N E S S E T lit
That Grai�s;or, for ten dollars and other good and valuable
consideration in hand paid, by Indian River County, a political
subdivision of the State of Florida, and by the Town of Orchid
("Grantees"), by these presents does grant a conservation
easement upon and across that real property described in Exhibit
"A", to Grantees, which conservation easement shall run with the
land and be binding upon the owner, its heirs, successors and
assigns, and remain in full force and effect, enforceable by
either or both of the Grantees, said easement specifically
prohibiting any of the following activities:
(a) Construction or placing of buildings, roads, signs,
billboards or other advertising, utilities, or other
structures on or above the ground.
000, ST. - AMT. 4 , S S I
J.K. VATOI. Cloth of ChNrtt Cow 1
Indazi River Ccuwy - by �-. ee_,k i
I
O.R. 846 PG � 0132
(b) Dumping or placing of soil or other substance or
material as land fill or dumping or placing of trash,
waste, or unsightly or offensive materials.
(c) Removal or destruction of trees, shrubs, or other
vegetation.
(d) Excavation, dredging, or removal of loam, peat, gravel,
soil, rock or other material substance.
(e) Surface uses except for purposes that permit the land
to remain predominantly in its natural condition.
(f) Activities detrimental to drainage, flood control,
water conservation, erosion control, soil conservation, or
fish and wildlife habitat preservation.
(g) Acts or uses detrimental to such retention of land
areas.
(h) Acts or uses detrimental to the preservation of the
integrit} or appearance of sites of historical,
archaeological, or cultural significance.
Notwithstanding any provision to the contrary herein
contained, Grantor shall reserve the right to Install and
maintain landscaping, signage and decorative features within the
North 200 feet of Tract B, and the South 200 feet of Tract C.
Landscaping Plans for such landscaping, signage and decorative
features shall be submitted to Grantees prior to installation.
This easement shall be perpetual and shall run with the
land and be binding upon all subsequent owners of the servient
estate. This easement shall not be assignable by the Grantees.
This easement may be enforced by the Grantees by injunction or
2
0. R. 846 PC
0933
0
proceeding in equity or at law. This easement may be released
by the Grantees to the owners of the servient estate. This
easement shall be recorded and indexed in the same manner as any
other instrument affecting the title to real property.
Grantor hereby covenants that it is lawfully seized of said
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 A LI, day of �'C°� C� 1909.
WITNESSES:
STATE OF Cpna c4,{ )�
COUNTY OF (4t,f'FFc.d
ORCHID ISLAND ASSOCIATES LIMITED
PARTNERSHIP, A Connecticut L ted
Partnership
RICRARDERTS CO., INC., a
Gen er Pa ner
.,r s Robert H. I s III, President
(Corporate Seal)'
1
I I HEREBY CERTIFY that on this day, before me, an officer
! duly authorized in the State and county aforesaid toke
i acknowledgments, personally appeared ROBERT 11. HAINES III, w 11
known to me to be the President of RICHARD ROBERTS "CO., IN .
General Partner of ORCHID ISLAND ASSOCIATES LIMITED PARTNERS P,
and that he acknowledged executing the same in the presence of
two subscribing witnesses freely and voluntarily under authority
duly vested in him by said corporation and that the seal
affixed thereto is the true corporate seal of said corporation.
Witness my hand and official sea in the County and State i
last aforesaid this tj�� day of Lcft., 19.
Notary Public
(Seal) My Commission Expires;
PATRICIA D. REIDY
,No•ri111r 11VIMU:
t1Y co"%ilssIuh! ExplgE tdARCiI Ji, t9D3
3
O.R. 846 PC 0134
620526
VISUAL ACCESS MEEMPNT
WHEREAS, orchid Island Associates Limited Partnership, a
Connecticut limited partnership, hereinafter "Grantor", is the
fee simple owner of certain property situated in the Town of
Orchid, Indian River County, Florida, which property is
currently undergoing development; and
WHEREAS, Grantor's property is immediately adjacent to
Jungle Trail; and
WHEREAS, Grantees, Indian River County and Town of Orchid
have agreed to allow the Grantor to realign a portion of Jungle
Trail, the County having found that the plan for realignment has
met each of the criteria established by the Indian River County
Jungle Management Plan; and
WHEREAS, the parties have agreed that it is desirable to
preserve the line of sight along the length of that portion of
Jungle Trail abandoned by the County;
W I T N E S S E T 11:
That Grantor, for and in consideration of the approval by
Indian River (-�)unty to realign Jungle Trail, further and in
consideration of the approval by the Town of Orchid for the
construction of the realigned portion of Jungle Trail, and other
good and valuable consideration, by these presents does grant to
Indian River County and Town of Orchid, hereinafter "Grantees",
an easement preserving visual access or line 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 garages shall not be erected in the area
described. Grassy areas, planted areas, landscaping, walking
paths, fairways, greens, golf cart paths, drainage swales,
roadways, utilities, and other uses which do not impair the line
of sight shall be permitted in the described easement.
ST. - ANIT. 6
01 Utdi W
40
4
This easement shall be perpetual and shall run with the
land and be binding upon all subsequent owners of the servient
estate. This easement shall not be assignable by the Grantees.
This easement may be enforced by the Grantees by injunction or
proceeding in equity or at law. This easement may be released
by the Grantees to the owners of the servient estate. This
easement shall be recorded and indexed in the same manner as any
other instrument affecting the title to real property.
Grantor hereby covenants that it is lawfully seized of said
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 WHEREOFt Grantor has caused these presents to be
2
executed this _I 4t) day of _L2 X)r�, 1989.
2
WITNESSES:
ORCHID ISLAND ASSOCIATES LIMITED
PARTNERSHIP, A Connecticut Lrn ed
Partnership
RIC R BERTS CO., INC., _a
B
Gen a�iner
By:
Robert H. Ha 7—re
La4 e- sident
(Corporate Seal),
STATE OF COV"ECTICL) F
COUNTY OF (-W-Woo
I HEREBY CERTIFY that on this day, before me, an officer
duly authorized in the State and County aforesaido take
acknowledgments, personally appeared ROBERT H. HAINES \1 well
known to me to be the President of RICHARD ROBERTS il
P,
General Partner of ORCHID ISLAND ASSOCIATES LIMITED V� M®RS1
and that he acknowledged executing the same in the presence of
two subscribing witnesses freely and voluntarily under authority
0 duly vested in him by said
corporation and that the seal
affixed thereto is the true corporate seal of said corporation.
G
Witness my hand and official seal in the Cou ty and State
0
last aforesaid this I 1, -A-V\ day of
l9&-
.0 U
W Pq 0 M 0
U -4
:3' P -1 Notary Public
m"
0
(
My Commission Ex ire::yi
Spa,
2 PATRICIA F3. RrIDY
NOTAVY I'[1131.1c
,y C0%'1%115S10N EXPMU MARCH 31, 1994
0-H. 04, PC 0137
40
40
620527
JOINDER AND CONSENT OF MORTGAGEE
This Joinder and Consent made this 2- day of October,
1989, by Southeast Bank N.A. , a National Banking Association
("Mortgagee"), of 701 Northpoint Parkway, Suite 415, West Palm
Beach, Florida 33407
W I T N E S S E T H:
The Mortgagee, as owner and holder of those certain
mortgages and that certain mortgage extension given by orchid
Island Associates Limited Partnership, a Connecticut limited
partnership authorized to do business in Florida, recorded at
Official Record Book 808, Page 793; Official Record Book 826,
Page 886; and Official Record Book 822, Page 689, respectively,
all of the Public Records of Indian River County, Florida
(collectively, the "Mortgage"), securing all of the real
property described therein, hereby consents, joins, and agrees,
that by execution of this Joinder and Consent of Mortgagee,
Mortgagee acknowledges and consents to each of the following
described documents for the purposes set forth therein:
1. DEED, executed the day of October, 1989, by
Orchid Island as Grantor to Indian River County as Grantee;
and
2. CONSERVATION EASEMENT, dated the day of
October, 1989, from Orchid Island as Grantor, to the Town
of Orchid and Indian River County as Grantees; and
3. DECLARATION OF COVENANTS AND RESTRICTIONS, dated the i
day of October, 1989, made by Orchid Island, as
Declarant; and
4. VISUAL ACCESS EASEMENT, dated the day of
October, 1989, from Orchid Island as Grantor, to Indian
River County and to the Town of Orchid as Grantees;
Provided always, nevertheless, that nothing herein contained
shall in anywise impair, alter or diminish the effect, lien or
encumbrance of the Mortgage on the remaining part of said
mortgaged premises, or any of the rights and remedies of the
Mortgagee or any subsequent holder thereof.
kl
0139
0. R. 846 PIG
IN WITNESS WHEREOF, the .Mortgagee has caused these
presents to be executed in its name, and its official seal to be
hereunto affixed, by its proper officers thereunto duly
authorized, this`-�'271_ day of October, 1989.
WITNESSES
SOUTHEAST BANK, N.A., a
National Banking Association
' -"""7,,.111
Philip M. Bambino
Vice President
_r
(Seal)
,j
STATE OF FLORIDA
COUNTY OF
I HEREBY CERTIFY that on this day personally appeared
before me, an officer duly authorized to administer oaths and
take acknowledgements, PHILIP M. BAMBINO, as Vico President of
SOUTHEAST BANK, N.A., a National Banking Association under
authority duly vested in him by Southeast Bank, N.A.
WITNESS my hand and official sealin the County and State
aforesaid this ®I� J•------ day of , 1989.
Nota ublic..,.Sta 6-
Floridd at targe.._'
Commission Ex�,�irest
NOTARY PIRJUC, STA'< OR i'LORIBt. '-
UY COWu11J5S�?N E%PIfl Ems: MAR, 2t, 1992.
�� eONpEk ,f+NV N4YA9 pUO41(.'U�`�'•9RITIKAl.
r
i
r
0140
Prepared by:
Bruce Barkett
J3
Collins, Brown 6 Caldwell
744 Beachland Blvd.
Vero Beach, FL 31963
ry
Lifs P1\CX\0RC8ID\CON88NT.dDR\203889
Ii
0. R.
846 PG
r
i
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0140
eD
HISTORIC
PROPERTY
ASSOCIATES
Nit(oriC pennitmn COMUita611
Nations! R121141 listing
historic property tax
cerlilicalron
historic arta survey
preservation planning
grant writing
cultural resource
Impact stuoies
archaeological survey
preservation oducatlon
P.D. Box 1002
St. Auguslins. Fiorloa 32085.1002
(801) 624.5179
h JUIV 1989 y,
�, CEi✓:(CPiAENfiDEPT, �
�u
,June 23, 1999
Mrs. Millie Bunnell
Tndion River County Historical Society
1'.o. nox 6535
Vero Beach, F1 32961
Door Mrs, Bunnell:
on .luno 20, 1989, my associate, Mr. Robert Stain-
bach, and I traveled the route of the "Jun le
Trail" to view its present condition and determine
the potential impact of proposed changes on its
hiatoiic character. We have documentation lreviewedso
pertainingto thisioeu$- ,
otherand
Mr. Steinbach, whose resume is included along with
minein over,
thirty oyears pofiexporrienceenced dinarchaeologist
historicprisser—
vrr,ion activity.
The issue in Indian River County with regard to the
Jungle Trail is whether a portion of the road
should be abandoned in the incorporated Town of
orchiknownd,aohich in orchidoolelandd Golflandfdevelopment
Beach Club. The
developer of the project has offered, we ars
informed, to mako certain concessions in return for
abandonment and relocation of the right-of-way.
Such concessions include the establishment of buf-
fer zones on all portions of the road bordered by
the Town.
Relocat historic oauthenticity n of the dand loriginality yOfdr
the route.
Whether the lose of a portion of the route may
jeopardize chances for acceptance in the National
Register of Historic places we cannot day, for
there is not sufficient experience in Florida with
listings of this kind upon which to make a judge -
Mont of that kind.
The Indian River County Historihtfullyycal Society and
thoe the®preservationersonswlof theeJun9In TrailOoand, indeed,
of the--telated preservation of the environmental
withecwwhatticIs Ct0ssentially aracter of the
,no_win" situationand are faced
Relocation will destroy historical authentic.tty,' on
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