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HomeMy WebLinkAbout2022-110Prepared by and after recording return to: STATE OF FLORIDA COUNTY OF INDIAN RIVER THIS SITE ACCESS AGREEMENT ("Access Agreement") is made effective as of the 7 th day of June , 2022 (the "Effective Date"), by and between INDIAN RIVER SUSTAINABILITY CENTER, LLC ("Operator"), and INDIAN RIVER COUNTY SOLID WASTE DISPOSAL DISTRICT, a special dependent district of Indian River County, Florida ("District'). Operator and District are referred to herein collectively as the "Parties" and individually as a "Party." RECITALS WHEREAS, Operator and District entered into that certain Wastewater Treatment Agreement, dated as of July 13, 2021 (as such may be further amended or assigned from time -to -time, collectively, the "Treatment Agreement'), pursuant to which Operator is authorized to install, operate, maintain, repair, replace and remove a 30,000 gallons -per -day wastewater evaporation plant featuring a Type 3 LM -HTO Heartland ConcentratorTM System (collectively, the "Project") located on certain real property, improvements and appurtenances as more particularly described on Exhibit "A" attached hereto and by reference incorporated herein (the "Premises"). WHEREAS, pursuant to the terms of the Treatment Agreement, the Operator will process (by evaporation) the District's wastewater at the Project for the term of the Treatment Agreement, provided that the District provides sufficient quantities of wastewater and other required inputs as required in the Treatment Agreement, which items include, without limitation, access to the Premises. WHEREAS, District desires to grant access to the Premises to Operator in order to allow Operator to perform its duties and obligations under the Treatment Agreement. NOW, THEREFORE, in consideration of good and valuable considerations, including, without limitation, and where applicable, each Party's respective duties and obligations under the Treatment Agreement, the Parties agree as follows: I. Grant and Term. From and after the Effective Date, and continuing until the earlier of the termination of the Treatment Agreement but not later than twenty (20) years from the Commercial Operation Date of the Project as defined in the Treatment Agreement, District grants to Operator the right to access and to conduct all activities necessary to perform its obligations and to enjoy any rights it may have under the Treatment Agreement, including but not limited to the operation, maintenance, service, repair and removal of the Project in accordance with the terms and provisions of the Treatment Agreement, including, without limitation, access from 6:OOAM to 6:OOPM daily and off -hours with adherence to the District's site access protocols. 2. Consideration. In consideration of the right to access and use the Premises, Operator shall pay to the District the sum of $1.00. 3. Indemnification. In addition to any other obligations that Operator has under the Treatment Agreement, Operator hereby agrees to protect, indemnify, defend and hold harmless District, along with its employees, tenants, invitees, contractors, lenders and agents from any and all claims, losses, damages, expenses, liabilities, demands and causes of action arising from, caused by, related to or involving (i) the entry onto or use of the Premises by Operator, or by the Operator's contractors, agents and/or consultants ("Operator's Consultants"), including, but not limited to, performance of construction or maintenance work relating to the Project, or (ii) any acts, omissions or negligence of Operator or Operator's Consultants. 4. No Modification. Nothing herein shall be deemed to modify or amend the terms and provisions of the Treatment Agreement or limit any party's duties, obligations, rights and interests thereunder. 5. Assignment. The District shall not assign any of its rights or obligations hereunder without the prior written consent of the Operator. The Operator may assign (including any collateral assignment) any of its rights and obligations hereunder to any lender providing financing for the benefit of the Operator. 6. Severability. If any provision of this Access Agreement is held to be illegal, invalid or unenforceable, (a) the legality, validity and enforceability of the remaining provisions of this Access Agreement shall not be affected or impaired thereby and (b) the parties shall endeavor in good faith negotiations to replace the illegal, invalid or unenforceable provision with valid provisions the economic effect of which comes as close as possible to that of the illegal, invalid or unenforceable provision. The invalidity of a provision of this Access Agreement in a particular jurisdiction shall not invalidate or render unenforceable such provision in any other jurisdiction. 7. Counterparts. This Access Agreement may be executed by the Parties and transmitted electronically or by facsimile in as many counterparts as the Parties may deem necessary and convenient, and all such counterparts taken together shall constitute but one and the same instrument. 8. Entire Agreement. This Access Agreement contains the entire understanding and agreement of the Parties with respect to its subject matter, and supersede any prior understandings or agreements, whether written, oral or otherwise. 9. Governing Law. This Access Agreement shall be governed by the laws of the State of Florida, without regard to the conflicts of law principles that would result in 2 4875-5716-9934, v. 2 the application of any law other than the law of the State of Florida. THE PARTIES HEREBY IRREVOCABLY SUBMIT TO THE NONEXCLUSIVE JURISDICTION OF ANY STATE OR FEDERAL COURT IN FLORIDA WITH RESPECT TO ANY ACTION OR PROCEEDING ARISING OUT OF OR RELATING TO THIS ACCESS AGREEMENT. EACH PARTY HERETO IRREVOCABLY AND UNCONDITIONALLY WAIVES I T OR PROCEEDING RELATING A DISPUTE AND OR ANY COUNTERCLAIM WITH RESPECT THERETO. [SEPARATE SIGNATURE PAGES ATTACHED] 4875-5716-9934, v. 2 IN WITNESS WHEREOF, the Parties have caused this instrument to be executed as of the day and year first above written. : y�,oh;nir""SSio^,.. ATTEST: Jeffrey R. Smith, Clerk i APPROVED: APPROVED AS TO LEGAL FORM AND SUFFICIENCY: By: an Reingold County Attorney INDIAN RIVER COUNTY SOLI>pci WASTE DISPOSAL DISTRICT By. Ian ai Peter D. O'Bry , District Approved: June 7, 2022 [Executions Continued on Following Page] Exhibit "A" INDIAN RIVER SUSTAINABILITY CENTER, LLC WITNESSES: By: Heartland Water Technology, Inc., its Managing Member C'r Y Name: Susan C. Portin Title: EVP, Business and Legal Affairs Date: APPROVED: By: g-% Name: Alam Castro Title: Managing Partner, Proximo Energy Managing Partner, Indian River Eco District Date: Exhibit "A" 4875-5716-9934, v. 2 Exhibit "A" The "Premises" Exhibit "A" 4875-5716-9934, v. 2 SKETCH AND DESCRIPTION LEASE PREMISE PARCEL 13th STREET SW THIS PARCEL I TRACT 12 TRACT 11 TRACT 10 TRACT 9 I � SECTION 25, ltl I TOWNSHIP -33 SOUTH_ , __j___ i RANGE 3-'8 EAST TRACT 13 �� TRACT 14 TRACT 15 TRACT 16 BASIS OF BEARING S 24 °5817" E I I7th STREET SW - --_- V/C/N/TY MAP NOT TO SCALE NOTES: 1. 1. BEARING SHOWN HEREON ARE BASED ON FOUND MONUMENTS FOR THE NORTH LINE OF TRACT 12 AND TRACT 11, AS MEASURED, BEARING SOUTH 89°41'37" EAST. 2. THIS SKETCH AND DESCRIPTION CONSISTS OF 3 SHEETS, AND EACH SHEET SHALL NOT BE CONSIDERED FULL, VALID AND COMPLETE UNLESS ATTACHED TO EACH OTHER. 3. THIS SKETCH AND DESCRIPTION WAS PERFORMED WITHOUT THE BENEFIT OF A TITLE REPORT, NO INFORMATION REGARDING EASEMENTS, RIGHTS-OF-WAY, AND/OR OWNERSHIP WAS PROVIDED TO OR PURSUED BY THE UNDERSIGNED. ENCUMBRANCES OTHER THAN SHOWN HEREON MAY EXIST. THIS DOCUMENT IS SUBJECT TO PERTINENT EASEMENTS, RIGHTS-OF-WAY AND RESTRICTIONS OF RECORD, IF ANY. ENCUMBRANCES OTHER THAN SHOWN HEREON MAY EXIST. 4. THIS SKETCH AND DESCRIPTION IS IN DRAFT FORM TO SUBMIT TO OBTAIN A TITLE REPORT AND/OR TITLE CARSONCOMMITMENT ONLY. LIZE THIS SKETCH AND DEESCRIPT ON AFT R RECE PT OF THE T TnLCONSULTANTS, IREVISELL E REPORTT ANDAFTER COMPLETIONOF A PARTIAL BOUNDARY SURVEY OF THE OWNERS PARCEL. SURVEYOR'S CERTIFICATE: I HEREBY CERTIFY THAT THIS SKETCH AND DESCRIPTION AND OTHER PERTINENT DATA SHOWN HEREON, OF THE ABOVE DESCRIBED PROPERTY, CONFORMS TO THE STANDARDS OF PRACTICE FOR LAND SURVEYING IN THE STATE OF FLORIDA, AS OUTLINED IN RULES 5J-17.051 AND 5J-17.052, (FLORIDA ADMINISTRATIVE CODE) AS ADOPTED BY THE DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES, BOARD OF PROFESSIONAL SURVEYORS AND MAPPERS IN SEPTEMBER, 1981, AS AMENDED, PURSUANT TO CHAPTER 472.027, FLORIDA STATUTES AND THAT SAID SURVEY IS TRUE AND CORRECT TO 'THE BEST OF MY KNOWLEDGE AND BELIEF AS SURVEYED UNDER MY DIRECTION FROM NOVEMBER 2021. 4 b .,U.,,,,,.1 DATE OF LAST FIELDWORK NOVEMBER 3, 2021. FIELDBOOK: IRC, PGS 1 - 3 THIS ITEM HAS BEEN DIGITALLY SIGNED AND SEALED BY NICHOLAS MESSINA JR., PSM#6559. ON THE DATE ADJACENT TO THE SEAL THIS SURVEY MAP OR COPIES THEREOF ARE NOT VALID WITHOUT THE SIGNATURE AND ORIGINAL SEAL OR A UNIQUE ELECTRONIC SIGNATURE OF A FLORIDA LICENSED PROFESSIONAL SURVEYOR AND MAPPER UNDER CHAPTER RULES 5J-17.061 & 5J-17.062 FLORIDA ADMINISTRATIVE CODE, PRINTED COPIES OF THIS DOCUMENT ARE NOT CONSIDERED SIGNED AND SEALED AND THE SIGNATURE MUST BE VERIFIED ON ANY ELECTRONIC COPIES. ,..O'pS MESS�Nr,,� DlgKally slgne y 6559 6^q✓?�'� Nicholas Messina Vin= Jr., PSM STATE OF Q_ FLORIDA= Date: 2022.04.06 0 oar'' .. .s�e; 20:21:55-04'00' NICHOLAS ME SINA JR., FOR THE FIRM FLORIDA PROFESSIONAL SURVEYOR AND MAPPER NO 6559 CARLSON ENVIRONMENTAL CONSULTANTS, PC LICENSED BUSINESS NUMBER #8396 UPDATES and/or REVISIONS DATE RY CWD 1-1— LEASE PREMISE PARCEL FOR INDIAN RIVER COUNTY LANDFILL EVAPORATOR SITE CARLSON ENVIRONMENTAL CONSULTANTS, PC 305 SOUTH MAW STREET (704) 283-9765 640NROE NORTH G4ROLWA 28112 FAX (704) 283-9755 CEO LR# 8398 SCALE: PROJECT NO.: 208.04.11 DWG: IRC-SDdease-Rmsed DATE: FEB 11. 2022 HEARTLAND WATER TECHNOLOGY SHEET NO.: 1 of W W W.CECENV.COM SKETCH AND DESCRIPTION LEASE PREMISE PARCEL DESCRIPTION: A PORTION OF TRACT 9, SECTION 25, TOWNSHIP 33 SOUTH, RANGE 38 EAST, ACCORDING TO THE LAST GENERAL PLAT OF THE LANDS OF THE INDIAN RIVER FARMS COMPANY RECORDED IN PLAT BOOK 2, PAGE 25 OF THE PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA NOW LYING IN INDIAN RIVER COUNTY, FLORIDA. COMMENCE AT THE NORTHEAST CORNER OF SAID TRACT 9; THENCE NORTH 89°43'10" WEST, ALONG THE NORTH LINE OF SAID TRACT 9, A DISTANCE OF 80.00 FEET; THENCE SOUTH 00°14'46" WEST, ALONG THE WEST RIGHT-OF-WAY OF 74TH/ AVENUE, AS RECORDED IN OFFICIAL RECORDS BOOK 1310 PAGE 1368, OF THE PUBLIC RECORDS OF INDIAN RIVER COUNTY, A DISTANCE OF 773.09 FEET; THENCE WEST, A DISTANCE OF 87.97 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE WEST, A DISTANCE OF 77.20 FEET TO THE POINT OF CURVATURE OF A CURVE CONCAVE SOUTHEASTERLY; THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE HAVING A RADIUS OF 25.00 FEET, A CENTRAL ANGLE OF 56°1423", FOR AN ARC LENGTH OF 24.54 FEET TO A POINT OF REVERSE CURVATURE OF A CURVE CONCAVE NORTHWESTERLY; THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE HAVING A RADIUS OF 51.00 FEET, A CENTRAL ANGLE OF 40°00'01", FOR ARC LENGTH OF 35.60 FEET; THENCE NORTH 60°48'56" WEST, ALONG A LINE NON -TANGENT FROM THE LAST DESCRIBED CURVE, A DISTANCE OF 44.56 FEET; THENCE WEST, A DISTANCE OF 212.02 FEET; THENCE NORTH 50016'09" EAST, A DISTANCE OF 37.55 FEET; THENCE EAST, A DISTANCF OF 156-25 FEET; THENCE NORTH 36°35'28" EAST, A DISTANCE OF 12.45 FEET; THENCE NORTH, A DISTANCE OF 22.65 FEET; THENCE EAST, A DISTANCE OF 19.75 FEET; THENCE NORTH, A DISTANCE OF 29.35 FEET; THENCE EAST, A DISTANCE OF 142.25 FEET; THENCE SOUTH, A DISTANCE OF 27.00 FEET; THENCE EAST, A DISTANCE OF 22.50 FEET; THENCE SOUTH, A DISTANCE OF 49.00 FEET TO THE POINT OF BEGINNING; SAID LANDS SITUATE IN CITY OF VERO BEACH, INDIAN RIVER COUNTY, FLORIDA. CONTAINING 18,896 SQUARE FEET OR 0.434 ACRES, MORE OR LESS. UPDATES -dl., REVISIONS DATE By p('p PROJECT: LEASE PREMISE PARCEL FOR INDIAN RIVER COUNTY LANDFILL EVAPORATOR SITE CARLSON ENVIRONMENTAL CONSULTANTS, PC 305 SOUTH RAW STREE7 (704) 263-9765 MONROE, NORTH CAROJNA 28112 FAX (704) 283-9755 DEC LB N 8388 I SCALE: 1' = 80' PROJECT NO.: 208.04.11 DWG: IRCSO-LeeSeReviseo DATE: FEB 11.2022 SKETCH AND DESCRIPTION Po. c. NE CORNER, TRACT 9. LEASE PREMISE PARCEL I g N. LINE, TRACT 9 80.0 ' N 89°43'10" W , INDIAN RIVER FARMS DRAINAGE DISTRICT M LATERAL CANAL C-5 9 60'RESERVED FOR ROAD AND CANAL I OO N O LEGEND: W V ` D.B. P.B. DEED BOOK PLAT BOOK 2 I e r C o I.R. I.R.C.R. IRON ROD TRACT 9 INDIAN RIVER COUNTY RECORDS SECTION 25, LICENSED BUSINESS NUMBER ~ I w w m QLB# m O.R.B. OFFICIAL RECORDS BOOK TOWNSHIP 33 SOUTH, z I N P.O.B. POINT OF BEGINNING RANGE 38 EAST r\ ^ O � I w Q O _ Z P.O.C. R/W POINT OF COMMENCEMENT RIGHT-OF-WAY (P.B. 2, PG 25, S.L.C.R.) U U a � y Z S.L.C.R. ST LUCIE COUNTY RECORDS (O.R.B. 522, PG 726, I.R.C.R.) , Q I O I O Z mem A�� pQ�lU�I a Q m Parcel ID: 33382500001009000001.0 J C7 OWNER: INDIAN RIVER COUNTY 0 o a s ao I h y C m - Address: 1325 74TH AV SW, VERO BEACH, FL l U m 2 :Dz�Cob oWao u- LoQQ�. Cq I Q� Czj UO C V� o NORTH SOUTH I < 29.35' EAST 142.25' 27.00' o EAST 19.75' EAST I NORTH 22.65' 22.50' ° LEASE PREMISE PARCEL N 36 3528 E 12.45 SOUTH 18,896 SQUARE FOOT 50' 30' 50' 50' a n ` N 50°16'09" E EAST 156.25' 49.00' I I I p 37.55' 0.434 ACRES I I I q WEST WEST I a g WEST 212.02' 77.20' 87.97' $ ti m N N 60'4856" R=25.00' P. O, S. Z 4456' R=51.00' d=56 ° 14'23" a=40°00'01 " L=24.54' m o m 1 Z o L=35.60' -> J�o g z S. LINE, TRACT 9 w n TRACT 16 N. LINE, TRACT 16 SKETCH AND DESCRIPTION ACCESS EASEMENT 13th STREET SW i I TH/S EASEMENT TRACT 12 1 TRACT 11 TRACT 10 - SECTION 25, TRAC t� _ \ ` TOWNSHIP 33 SOUTH, _ T 9 RANGE 36 EAST W �-� LEASE PREMISE PARCEL i Q TRACT 13"\ TRACT 14 TRACT 15 TRACT 16 f .0 BASIS OF BEARING �. S24°58'T7"E \ 17th STREET SW --- --- -- VICINI TYIVAP NOT TO SCALE NOTES: 1. BEARING SHOWN HEREON ARE BASED ON FOUND MONUMENTS FOR THE NORTH LINE OF TRACT 12 AND TRACT 11, AS MEASURED, BEARING SOUTH 89°41'37" EAST. 2. THIS SKETCH AND DESCRIPTION CONSISTS OF 8 SHEETS, AND EACH SHEET SHALL NOT BE CONSIDERED FULL, VALID AND COMPLETE UNLESS ATTACHED TO EACH OTHER. 3. THIS SKETCH AND DESCRIPTION WAS PERFORMED WITHOUT THE BENEFIT OF A TITLE REPORT, NO INFORMATION REGARDING EASEMENTS, RIGHTS-OF-WAY, AND/OR OWNERSHIP WAS PROVIDED TO OR PURSUED BY THE UNDERSIGNED. ENCUMBRANCES OTHER THAN SHOWN HEREON MAY EXIST. THIS DOCUMENT IS SUBJECT TO PERTINENT EASEMENTS, RIGHTS-OF-WAY AND RESTRICTIONS OF RECORD, IF ANY. ENCUMBRANCES OTHER THAN SHOWN HEREON MAY EXIST. SURVEYOR'S CERTIFICATE: I HEREBY CERTIFY THAT THIS SKETCH AND DESCRIPTION AND OTHER PERTINENT DATA SHOWN HEREON, OF THE ABOVE DESCRIBED PROPERTY, CONFORMS TO THE STANDARDS OF PRACTICE FOR LAND SURVEYING IN THE STATE OF FLORIDA, AS OUTLINED IN RULES 5J-17.051 AND 5J-17.052, (FLORIDA ADMINISTRATIVE CODE) AS ADOPTED BY THE DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES, BOARD OF PROFESSIONAL SURVEYORS AND MAPPERS IN SEPTEMBER, 1981, AS AMENDED, PURSUANT TO CHAPTER 472.027, FLORIDA STATUTES AND THAT SAID SURVEY IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE AND BELIEF AS SURVEYED UNDER MY DIRECTION IN FEBRUARY 2022. DATE OF LAST FIELD WORK FEBRUARY 17, 2022. FIELDBOOK: IRC, PGS 1 - 3 THIS ITEM HAS BEEN DIGITALLY SIGNED AND SEALED BY NICHOLAS MESSINA JR., PSM#6559. ON THE DATE ADJACENT TO THE SEAL. THIS SURVEY MAP OR COPIES THEREOF ARE NOT VALID WITHOUT THE SIGNATURE AND ORIGINAL SEAL OR A UNIQUE ELECTRONIC SIGNATURE OF A FLORIDA UCENSED PROFESSIONAL SURVEYOR AND MAPPER UNDER CHAPTER RULES 5J-17.061 8 5J-17.052 FLORIDA ADMINISTRATIVE CODE. PRINTED COPIES OF THIS DOCUMENT ARE NOT CONSIDERED SIGNED AND SEALED AND THE SIGNATURE MUST BE VERIFIED ON ANY ELECTRONIC COPIES - I,,5 MESSY'' Digitally signed by , �= Nicholas Messina 6559 =� a Jr., PSM STATE OF Q = FLORIDA t= Date: 2022.04.14 s;„ 16:09:34-04'00' NICHOLAS ME SINA JR., FOR THE FIRM FLORIDA PROFESSIONAL SURVEYOR AND MAPPER NO 6559 CARLSON ENVIRONMENTAL CONSULTANTS, PC LICENSED BUSINESS NUMBER 48396 UPDATES arKV.r REVISIONS DATE BY aco PROJECT: CARLSON ENVIRONMENTAL CONSULTANTS, PC REVISED PER TITLE REPORT AND SURVEY 3118122 NM Lw ACCESS EASEMENT FOR LEASE PREMISE 305 SOUTH MAW SiREE7(704) 283.9765 OE, INDIAN RIVER COUNTY LANDFILL MONRNORTH CAROLINA 28112 FAX NORTH CEC L EVAPORATOR SITE B# &396 SCALE: N/A PROJECT NO.: 208.04.11 DWG: IRCSD-ACCess Easement CUENT: DATE: FEB28,2022 HEARTLAND WATER TECHNOLOGY W W W CECENV COM SHEET NO.: 1 OF 8 SKETCH AND DESCRIPTION ACCESS EASEMENT DESCRIPTION: ACCESS EASEMENT A PORTION OF TRACT 9, SECTION 25, TOWNSHIP 33 SOUTH, RANGE 38 EAST, ACCORDING TO THE LAST GENERAL PLAT OF THE LANDS OF THE INDIAN RIVER FARMS COMPANY RECORDED IN PLAT BOOK 2, PAGE 25 OF THE PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA NOW LYING IN INDIAN RIVER COUNTY, FLORIDA. COMMENCE AT THE NORTHEAST CORNER OF SAID TRACT 9; THENCE NORTH 89°43'10" WEST, ALONG THE NORTH LINE OF SAID TRACT 9, A DISTANCE OF 80.00 FEET; THENCE SOUTH 00°14'46" WEST, ALONG THE WEST RIGHT-OF-WAY OF 74TH AVENUE, AS RECORDED IN OFFICIAL RECORDS BOOK 1310 PAGE 1368, OF THE PUBLIC RECORDS OF INDIAN RIVER COUNTY, A DISTANCE OF 81.71 FEET TO THE POINT OF BEGINNING #1; THENCE CONTINUE SOUTH 0014'46" WEST, A DISTANCE OF 53.00 FEET; THENCE SOUTH 89°50'00" WEST, A DISTANCE OF 37.30 FEET TO THE POINT OF CURVATURE OF A CURVE CONCAVE SOUTHEASTERLY. THENCE SOUTHWESTERLY, ALONG THE ARC OF SAID CURVE HAVING A RADIUS OF 100.00 FEET; A CENTRAL ANGLE OF 24°19'24", FOR AN ARC LENGTH OF 42.45 FEET TO THE POINT OF TANGENCY; THENCE SOUTH 65°30'36" WEST, A DISTANCE OF 28.82 FEET TO THE POINT OF CURVATURE OF A CURVE CONCAVE NORTHWESTERLY. THENCE SOUTHWESTERLY, ALONG THE ARC OF SAID CURVE HAVING A RADIUS OF 100.00 FEET; A CENTRAL ANGLE OF 24°19'24", FOR AN ARC LENGTH OF 42.45 FEET TO THE POINT OF TANGENCY; THENCE SOUTH 89°50'00" WEST, A DISTANCE OF 306.66 FEET; THENCE NORTH 87°28'55" WEST, A DISTANCE OF 115.55 FEET TO THE POINT OF CURVATURE OF A CURVE CONCAVE SOUTHEASTERLY. THENCE SOUTHWESTERLY, ALONG THE ARC OF SAID CURVE HAVING A RADIUS OF 75.00 FEET; A CENTRAL ANGLE OF 93°38'55", FOR AN ARC LENGTH OF 122.59 FEET TO THE POINT OF TANGENCY; THENCE SOUTH 01°07'49" EAST, A DISTANCE OF 472.68 FEET TO THE POINT OF CURVATURE OF A CURVE CONCAVE NORTHEASTERLY. THENCE SOUTHEASTERLY, ALONG THE ARC OF SAID CURVE HAVING A RADIUS OF 75.00 FEET; A CENTRAL ANGLE OF 88°52'12" FOR AN ARC LENGTH OF 116.33 FEET TO THE POINT OF TANGENCY; THENCE EAST, A DISTANCE OF 135.00 FEET; THE LAST DESCRIBED COURSE BEING ALONG THE SOUTH LINE OF A LEASE PREMISE PARCEL AND A WESTERLY EXTENSION THEREOF;THENCE SOUTH, A DISTANCE OF 15.00 FEET; THENCE WEST, A DISTANCE OF 146.79 FEET TO THE POINT OF CURVATURE OF A CURVE CONCAVE SOUTHEASTERLY. THENCE SOUTHWESTERLY, ALONG THE ARC OF SAID CURVE HAVING A RADIUS OF 75.00 FEET; A CENTRAL ANGLE OF 35°19'19", FOR AN ARC LENGTH OF 46.24 FEET TO THE POINT COMPOUND CURVATURE OF A CURVE CONCAVE EASTERLY. THENCE SOUTHWESTERLY AND SOUTHEASTERLY, ALONG THE ARC OF SAID CURVE HAVING A RADIUS OF 25.00 FEET; A CENTRAL ANGLE OF 107°56'08", FOR AN ARC LENGTH OF 47.10 FEET TO THE POINT OF TANGENCY; THENCE SOUTH 52°52'19" EAST, A DISTANCE OF 52.29 FEET TO THE POINT OF CURVATURE OF A CURVE CONCAVE SOUTHWESTERLY. THENCE SOUTHEASTERLY, ALONG THE ARC OF SAID CURVE HAVING A RADIUS OF 59.00 FEET; A CENTRAL ANGLE OF 14°44'19", FOR AN ARC LENGTH OF 15.18 FEET TO THE POINT OF TANGENCY; THENCE SOUTH 38°08'01" EAST, A DISTANCE OF 28.37 FEET TO THE POINT OF CURVATURE OF A CURVE CONCAVE NORTHEASTERLY. THENCE SOUTHEASTERLY, ALONG THE ARC OF SAID CURVE HAVING A RADIUS OF 78.00 FEET; A CENTRAL ANGLE OF 52°59'42", FOR AN ARC LENGTH OF 72.15 FEET TO THE POINT OF TANGENCY; THENCE NORTH 88°52'17" EAST, A DISTANCE OF 268.59 FEET TO THE POINT OF CURVATURE OF A CURVE CONCAVE NORTHWESTERLY. THENCE EASTERLY AND NORTHERLY, ALONG THE ARC OF SAID CURVE HAVING A RADIUS OF 35.00 FEET; A CENTRAL ANGLE OF 88°42'55", FOR AN ARC LENGTH OF 54.19 FEET TO THE POINT OF TANGENCY; THENCE NORTH 00°09'22" EAST, A DISTANCE OF 20.62 FEET TO THE POINT OF CURVATURE OF A CURVE CONCAVE SOUTHWESTERLY. THENCE NORTHERLY, ALONG THE ARC OF SAID CURVE HAVING A RADIUS OF 85.00 FEET; A CENTRAL ANGLE OF 31°37'27", FOR AN ARC LENGTH OF 46.92 FEET TO THE POINT OF TANGENCY; THENCE NORTH 31°28'05" WEST, ALONG A LINE NON -RADIAL TO THE NEXT DESCRIBED COURSE, A DISTANCE OF 42.67 FEET TO A POINT ON THE ARC OF A CURVE WHOSE RADIUS POINT BEARS NORTH 16°14'22" WEST FROM THE LAST DESCRIBED POINT; THENCE NORTHEASTERLY, ALONG THE ARC OF SAID CURVE AND ALONG THE SOUTH OF SAID LEASE PREMISE PARCEL, HAVING A RADIUS OF 51.00 FEET, A CENTRAL ANGLE OF 34°13'42", FOR AN ARC LENGTH OF 30.47 FEET; THENCE SOUTH 31°28'05" EAST, ALONG A LINE NON -RADIAL FROM THE LAST DESCRIBED COURSE, A DISTANCE OF 43.66 FEET TO THE POINT OF CURVATURE OF A CURVE CONCAVE SOUTHWESTERLY. THENCE SOUTHERLY, ALONG THE ARC OF SAID CURVE HAVING A RADIUS OF 115.00 FEET; A CENTRAL ANGLE OF 31°37'27", FOR AN ARC LENGTH OF 63.47 FEET TO THE POINT OF TANGENCY; THENCE SOUTH 00°09'22" WEST, A DISTANCE OF 28.32 FEET TO THE POINT OF CURVATURE OF A CURVE CONCAVE NORTHEASTERLY. THENCE SOUTHEASTERLY AND EASTERLY, ALONG THE ARC OF SAID CURVE HAVING A RADIUS OF 25.00 FEET; A CENTRAL ANGLE OF 97°52'35", FOR AN ARC LENGTH OF 42.71 FEET TO THE POINT VPOATES endior REVISIONS DATE ev aco PROJECT: CARLSON ENVIRONMENTAL CONSULTANTS, PC ACCESS EASEMENT FOR LEASE PREMISE 3Z SOUTH WIN STREET (704)283-9765 INDIAN RIVER COUNTY LANDFILL MONROE• NORTH C4ROUNA 28112 FAX (704) 2-83-9755 EVAPORATOR SITE CEC L13# 8388 SCALE N/A PROJECT NO.: 208.04.11 DWG: IRC SaAccm Easement CLIENT: DATE: FEB 28, 2022 HEARTLAND WATER TECHNOLOGY WWW.CECENV.COM SHEET NO.. 2 OF 8 SKETCH AND DESCRIPTION ACCESS EASEMENT DESCRIPTION: ACCESS EASEMENT (CONTINUED) OF COMPOUND CURVATURE OF A CURVE CONCAVE NORTHWESTERLY; THENCE EASTERLY, NORTHEASTERLY AND NORTHERLY, ALONG THE ARC OF SAID CURVE HAVING A RADIUS OF 68.00 FEET; A CENTRAL ANGLE OF 82°16'47", FOR AN ARC LENGTH OF 97.65 FEET TO THE POINT OF TANGENCY; THENCE NORTH, A DISTANCE OF 44.56 FEET TO THE POINT OF CURVATURE OF A CURVE CONCAVE SOUTHWESTERLY. THENCE NORTHERLY AND NORTHEASTERLY, ALONG THE ARC OF SAID CURVE HAVING A RADIUS OF 44.00 FEET; A CENTRAL ANGLE OF 70°29'27", FOR AN ARC LENGTH OF 54.13 FEET TO THE POINT OF TANGENCY; THENCE NORTH 70°29'27" WEST, A DISTANCE OF 37.59 FEET; THENCE EAST, A DISTANCE OF 38.94 FEET; THENCE NORTH, A DISTANCE OF 11.66 FEET; THE LAST TWO (2) DESCRIBED COURSE BEING ALONG THE SOUTH LINE AND THE EAST LINE OF SAID LEASE PREMISE PARCEL. THENCE SOUTH 7029'27" EAST, A DISTANCE OF 4.78 FEET TO THE POINT OF CURVATURE OF A CURVE CONCAVE SOUTHWESTERLY. THENCE SOUTHEASTERLY AND SOUTHERLY, ALONG THE ARC OF SAID CURVE HAVING A RADIUS OF 68.00 FEET; A CENTRAL ANGLE OF 70°29'27", FOR AN ARC LENGTH OF 83.66 FEET TO THE POINT OF TANGENCY; THENCE SOUTH, A DISTANCE OF 44.56 FEET TO THE POINT OF CURVATURE OF A CURVE CONCAVE NORTHEASTERLY. THENCE SOUTHERLY, SOUTHWESTERLY AND WESTERLY, ALONG THE ARC OF SAID CURVE HAVING A RADIUS OF 92.00 FEET; A CENTRAL ANGLE OF 88°52'17", FOR AN ARC LENGTH OF 142.70 FEET TO THE POINT OF TANGENCY; THENCE SOUTH 88°52'17" WEST, A DISTANCE OF 353.45 FEET TO THE POINT OF CURVATURE OF A CURVE CONCAVE NORTHEASTERLY. THENCE WESTERLY AND NORTHWESTERLY, ALONG THE ARC OF SAID CURVE HAVING A RADIUS OF 102.00 FEET; A CENTRAL ANGLE OF 52°59'42", FOR AN ARC LENGTH OF 94.34 FEET TO THE POINT OF TANGENCY; THENCE NORTH 38008'01" WEST, A DISTANCE OF 28.37 FEET TO THE POINT OF CURVATURE OF A CURVE CONCAVE SOUTHWESTERLY. THENCE NORTHWESTERLY AND WESTERLY, ALONG THE ARC OF SAID CURVE HAVING A RADIUS OF 35.00 FEET; A CENTRAL ANGLE OF 52°35'02", FOR AN ARC LENGTH OF 32.12 FEET TO THE POINT OF TANGENCY; THENCE SOUTH 89°16'57" WEST, A DISTANCE OF 45.02 FEET; THENCE NORTH 01'07'49" WEST, A DISTANCE OF 812.98 FEET; THENCE NORTH 8950'00" EAST, A DISTANCE OF 90.21 FEET TO A POINT, SAID POINT HEREINAFTER TO BE KNOWN AS REFERENCE POINT "A"; THENCE CONTINUE NORTH 89°50'00" EAST, A DISTANCE OF 583.27 FEET TO THE POINT OF BEGINNING #1; LESS AND EXCEPT: A PORTION OF TRACT 9, SECTION 25, TOWNSHIP 33 SOUTH, RANGE 38 EAST, ACCORDING TO THE LAST GENERAL PLAT OF THE LANDS OF THE INDIAN RIVER FARMS COMPANY RECORDED IN PLAT BOOK 2, PAGE 25 OF THE PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA NOW LYING IN INDIAN RIVER COUNTY, FLORIDA. COMMENCE AT SAID REFERENCE POINT "A". THENCE SOUTH 00°10'00" EAST, A DISTANCE OF 30.81 FEET TO THE POINT OF BEGINNING #2; THENCE NORTH 89°50'00" EAST, A DISTANCE OF 458.88 FEET TO THE POINT OF CURVATURE OF A CURVE CONCAVE SOUTHWESTERLY. THENCE SOUTHEASTERLY AND SOUTHERLY, ALONG THE ARC OF SAID CURVE HAVING A RADIUS OF 10.00 FEET; A CENTRAL ANGLE OF 109°07'33", FOR AN ARC LENGTH OF 19.05 FEET TO THE POINT OF COMPOUND CURVATURE OF A CURVE CONCAVE NORTHWESTERLY. THENCE SOUTHWESTERLY AND WESTERLY, ALONG THE ARC OF SAID CURVE HAVING A RADIUS OF 35.00 FEET; A CENTRAL ANGLE OF 70°52'27", FOR AN ARC LENGTH OF 43.29 FEET TO THE POINT OF TANGENCY; THENCE SOUTH 89°50'00" WEST, A DISTANCE OF 304.62 FEET; THENCE NORTH 87°28'55" WEST, A DISTANCE OF 131.49 FEET TO THE POINT OF CURVATURE OF A CURVE CONCAVE NORTHEASTERLY. THENCE NORTHWESTERLY AND NORTHERLY, ALONG THE ARC OF SAID CURVE HAVING A RADIUS OF 15.00 FEET; A CENTRAL ANGLE OF 87°18'55", FOR AN ARC LENGTH OF 22.86 FEET TO THE POINT OF TANGENCY; THENCE NORTH 00°10'00" WEST, A DISTANCE OF 0.67 FEET TO THE POINT OF CURVATURE OF A CURVE CONCAVE SOUTHEASTERLY. THENCE NORTHERLY AND NORTHEASTERLY, ALONG THE ARC OF SAID CURVE HAVING A RADIUS OF 15.00 FEET; A CENTRAL ANGLE OF 90000'00", FOR AN ARC LENGTH OF 23.56 FEET TO THE POINT OF BEGINNING #2. SAID LANDS SITUATE IN CITY OF VERO BEACH, INDIAN RIVER COUNTY, FLORIDA. CONTAINING 83,255 SQUARE FEET OR 1.911 ACRES, MORE OR LESS. UPDATES-V.,REVISIONS DATE Br Cleo PROJECT: CAR SON ENVIRONMENTAL CONSULTANTS, PC ACCESS EASEMENT FOR LEASE PREMISE 3ossoum�uwsmFST (704) 20 -9765 INDIAN RIVER COUNTY LANDFILL MONROE. NORTH CAROUNA 28112 FAX(704)283-8155 EVAPORATOR SITE CFC LB# 8388 I SCALE: N/A PROJECT NO.: 208.04 11 DWG: 1RCSO-Ac Ee -ent CLIENT: JDATE: FEB 28. 2022 HEARTLAND WATER TECHNOLOGY WWW.CF-CENV.COM SHEET NO.: 3 OF 8 N. L/NE, S 1/2, SECT/ON 25-33-38 N. LINE TRACT9-1 I I I LESS & EXCEPT I I PROPOSED ACCESS E SKETCH AND DESCRIPTION I Q I = LEGEND: I I p D.B. DEED BOOK ACCESS EASEMENT P.B. PLAT BOOK �I I.R. IRON ROD I PROJECT NO.: 208.04.1, I.R.C.R. INDIAN RIVER COUNTY RECORDS I SHEET 6 OF 8 LB# LICENSED BUSINESS NUMBER DATE: FES 28, 2022 O.R.B. OFFICIAL RECORDS BOOK v P.O.B. POINT OF BEGINNING Q P.O.C. POINT OF COMMENCEMENT V R/W RIGHT-OF-WAY S.L.C.R. ST LUCIE COUNTY RECORDS ( N. L/NE, S 1/2, SECT/ON 25-33-38 N. LINE TRACT9-1 I I I LESS & EXCEPT I I PROPOSED ACCESS E I SEMENT I Q I = I I UPDATES and/or REVISIONS DATE BY CICD PROJECT: ACCESS EASEMENT FOR LEASE PREMISE INDIAN RIVER COUNTY LANDFILL EVAPORATOR SITE CARLSON ENVIRONMENTAL 2�ROMMAW STREET VONROE,NORTH CAROUNA29112 CONSULTANTS, PC (704)283-9765 FAX(704)283-9755 CEC LB# &Q6 SCALE: N/A PROJECT NO.: 208.04.1, I N I SHEET 6 OF 8 SHEET I DATE: FES 28, 2022 4 OF 8 I I ParcellD: 33382500001009000001.0 I Z OWNER: INDIAN RIVER COUNTY Address: 1325 74TH AV SW, VERO BEACH, FL I I Ali TRACT 9 SECTION 25, PROPOSED TOWNSHIP 33 SOUTH, LEASE RANGE 38 EAST PREM/SE I PARCEL i~ v I� Ih IZ SHEET 7 OF 8 I SHEET j W I I i 8 OF 8Li I I i I I PROPOSED ACCESS EASEMENT KEY MAP I I Q I = I I UPDATES and/or REVISIONS DATE BY CICD PROJECT: ACCESS EASEMENT FOR LEASE PREMISE INDIAN RIVER COUNTY LANDFILL EVAPORATOR SITE CARLSON ENVIRONMENTAL 2�ROMMAW STREET VONROE,NORTH CAROUNA29112 CONSULTANTS, PC (704)283-9765 FAX(704)283-9755 CEC LB# &Q6 SCALE: N/A PROJECT NO.: 208.04.1, w w crcENv oOm DWG: IRCSD-Access Easa ant CLIENT: HEARTLAND WATER TECHNOLOGY DATE: FES 28, 2022 SHEET NO.: 4 OF 8 N N 89°43'10" W1 a 80.00' N89043'10"W 2531.95' I W W N. LINE, TRACT 9 I P.O. C 14 11 NE CORNS , TRACT 9 P.O.B .#1 I I N89°50'00"E 583.27' m N89°50'00"E 458.88' R=10.00' A=109°07'33" L=19.05' o v o . r- I I I Q Lu I Z mn 2 $ Z m n R=35.00' LESS ANDA=70°52,27, S89°50'00"W 37.30' o I � W Q _Zv W EXCEPT L=43.29' I a D2 o C/)z ' I 0D j rn S89°50'00"W 304.62` A=2401924" I O z ( a O 0 Z n -� °L=42.45' S89 50 00 W 306.66'- z I W (n Q y S65030'36"W p I U I J I m m -u _ �' Z R=100.00' 28.82' U W( W Z m m mz� I A=24' 19'24" L=42.45'Z'I -� o I Z-� I �� V Z ZLu� j -n� p o �C� TRACT 9 tY O a pJp I V SECTION 25, p ? o a. CLm TOWNSHIP 33 SOUTH, RANGE 38 EAST r- I o o I LL o "m Z J ¢ Q _ O Z I i io w Q� �o z zo �o WQ co 8� ' �N o o LEGEND: I W � m Z �1 r D.B. DEED BOOK el P.B. PLAT BOOK I.R. IRON ROD I.R.C.R. INDIAN RIVER COUNTY RECORDS I I Q p r' M o M o G) v Q Z m cl n - I LB# LICENSED BUSINESS NUMBER O.R.B. OFFICIAL RECORDS BOOK P.O.B. POINT OF BEGINNING I r U ~ P.O.C. POINT OF COMMENCEMENT a m & D P g y R/W RIGHT-OF-WAY S.L.C.R. ST LUCIE COUNTY RECORDS 50' I 30' I 50' 50' 4 O I s z � a � mm n F Q ] r -mi m o z C m 0 C c O) 8 „ co c N. LINE, S 1/2, SECTION 25-33-38 N89°43'10"W 2531.95' N89 °50'00 "E 90.21' R=15.00' A=90°00'00" L=23.56' N00° 10'00"W 0.67' R=15.00' A=87'18'55" L=22.86' v� REFERENCE POINT 'A " P.O. C. #2 S 0'10'00" E 30.81' P. O. B #2. N87028'55"W 131.49' N8702855"W 115.55' N89050'00"E 583.27' N89°50'00"E 458.88' LESS AND EXCEPT S89050'00"W 304.62' S89°50'00"W 306.66' TRACT 9 SECTION 25, TOWNSHIP 33 SOUTH, RANGE 38 EAST LLJ LQ �IL bo co m N_ Lu ft LEGEND: h ti O D.B. DEED BOOK O ° � 11 P.B. PLAT BOOK C i� I.R. IRON ROD z I.R.C.R. INDIAN RIVER COUNTY RECORDS J W LB# LICENSED BUSINESS NUMBER Q O.R.B. OFFICIAL RECORDS BOOK r ` P.O.B. POINT OF BEGINNING tV MA TCHL INE SEE SHEET 6 � P.O,C. POINT OF COMMENCEMENT 1� — — — R/W RIGHT-OF-WAY Q SEE SHEET 7 S.L.C.R. ST LUCIE COUNTY RECORDS MA _ICRC /NE SEE SHEET 6 LEGEND: 00 m _ _ D.B. DEED BOOK 1-- W SEE SHEET 7 h P.B. PLAT BOOK W W O� II I.R. IRON ROD CO I.R.C.R. INDIAN RIVER COUNTY RECORDS (7 I Cq LB# LICENSED BUSINESS NUMBER W O.R.B. OFFICIAL RECORDS BOOK W q v P.O.B. POINT OF BEGINNING cii C/) V P.O.C. POINT OF COMMENCEMENT C!) R/W RIGHT-OF-WAY S.L.C.R. ST LUCIE COUNTY RECORDS � N rn < c s Sc�00 WESTERL YEXTENS/ON m m n2 O �,�' 72„ I' 1m S S LINE OF LEASE R=75.00' EAST 135.00' N PREMISEPARCEL n L=35°19'19" M Z L=46.24' SOUTH I n mWEST 146.79' 15.00' I m z C:33) Z R=25.00' c A=107°56'08" m m Zu Z L=47.10' c X �,m Cmom Sys`, W� m� � �9 g" R=59.00' TRACT 9 ( -i r m b=14°44'19" SECTION 25, v S89°1657"W L=15.18' TOWNSHIP 33 SOUTH, m 45.02' S38°08'01"E RANGE 38 EAST On C-128.37' Q 0 R=35.00' o A=52'35'02" psz ° y m L=32.12' `��°59�� Z N38°08'01 "W �'.162, 4 N88'52'1 7"E 268.59' r 11_ 0 28.37' .00 o o 'g 9, S88052'17"W 353.45' m ' m o N � T Cn U� C) SKETCH AND DESCRIPTION ACCESS EASEMENT ,0-9=.l •37VOS is a d.) o AVM-30-1H0I8 ,00k Lo 7VNV0 ,.o„ 1891V7 --I 8£-££ -W N011 03S 3N/7 3 0 317N3A V 141 t�L d0 3N/7Y31N30 — — — — 610bW 3N/7 3 (8081 29 Od `06 t '9'(7) 0 sovoa onand and M21,oc — — — — — — — — — — — — — — — — ----------------�------ ('d'o b'1 `89EL 'qd `otEb 'a*d'O) AlNnoo a3M8 NVIQNI 01031 V01030 o M/H IVNOI1faaV .00'05 `o 3NlI M/8 'M 0 o 2 Y W¢ o o 00' r1 Hlnos B 7 �NmW Z��ZZ 9, .95't�b w ,6 02 66' "0 �1 YY Wm WLLJ N �6f�'p �Op�0¢LLLLLL W comCcz W 0009— mm�ZZUt-F-�� O J \\ \\ �Y d Z- O ai N w Q W��ocW,U-ooT� Hl2JON 'S9. `� w F z co co QLc') ?L On. n.Qcn _ '19Z ` UU W ¢ 1 � N `7 � �'9 CE: (3 mmv W °°°°a dm¢oo�� �t - '9 rr N N `` �� II N (i W cn cn Z ZQ Jon--�On.a!vi QV = O J oN 3 d pa? 00 c) -j LN r: ,L1� ZEo"' w I �ZvO w°� °NO' Q0W 0O _ � ,• p to ��'� w Lu Q U z 805 ANN 04 rA 3 � 0 11 1�t• g31a2& M Lu (3 M L -w $ d U v Q W rn O co _ - N uj O N a6 N O j t\ W �- (W(30) N t� O W oQ Lo r� c� 0 N Lo N �r z� Zz,b ��� O ��� N _ �wM, oN� �^ n n o „ „w o� q: t �-' o eco cn to co O N d Z n N vrni 4 9133HS 33S N _ _ � — — L 13 -91 -1s -93—s a z 3N/7/-/01 V" Z N UPDATES and/or REVISIONS DATE BY CMD PROJECT: ACCESS EASEMENT FOR LEASE PREMISE INDIAN RIVER COUNTY LANDFILL EVAPORATOR SITE CARLSON ENVIRONMENTAL 305 SOUTH MAW STREET MONROE. NOffM CAROUNA 28112 CONSULTANTS, PC (704) 283.8765 FAX„04, 283-9755 CE°'B" ewe SCALE: ,- = 59 PROJECT NO.: 200.. Al CE �' DWG: IRC SD-Acceas Easement CUENT: HEARTLAND WATER TECHNOLOGY DATE: FEB 28, 2022 SHEET NO. 8 OF 8