HomeMy WebLinkAbout2022-263AGREEMENT TO PURCHASE AND SELL REAL ESTATE
THIS AGREEMENT is entered into as of the 10th day of January
2023, by and between the Indian River County Board of County Commissioners, a
political subdivision of the State of Florida, whose address is 1801 27th Street, Vero
Beach, FL 32960 ("County"), and St. John's River Water Management District, a public
body existing under Chapter 373 Florida Statutes, whose address is 4049 Reid Road,
Palatka, FL 32177 ("District").
WHEREAS, the District jointly owns a parcel of real property known as the St.
Sebastian River Buffer Preserve located on the north side of County Road 512, west of I-
95, as depicted on the aerial photo attached as Exhibit "A", hereinafter, the "Preserve";
and
WHEREAS, the Preserve is jointly owned with the State of Florida and is
maintained by the Florida Department of Environmental Protection ("FDEP"); and
WHEREAS, the Tran -Florida Railroad Trail ("Trail") runs through portions of the
Preserve and the County desires to expand the Trail by obtaining a Right -of -Way
Easement ("Easement") from the Co-owners of the Preserve; and
WHEREAS, on October 18, 2022, the State of Florida, through the FDEP, granted
an Easement to the County for the County to build addition trail ("Proposed Trail") to the
west of the existing Trail. The Proposed Trail expansion is depicted on the aerial photos
attached as Exhibit "A", and
WHEREAS, the County seeks to receive a similar Easement from the District for
Proposed Trail; and
WHEREAS, when granting an easement, Rule 40C-9.380, Florida Administrative
Code, requires, among other things, that the District be compensated for the loss of
intended use of the land within the proposed Easement; and
NOW THEREFORE, in consideration of the mutual undertakings herein, and other
good and valuable consideration, the receipt and adequacy of which is hereby
acknowledged, the parties agree, as follows:
1. Agreement to Purchase and Sell. The District hereby agrees to sell to the County,
and the County hereby agrees to purchase from the District, upon the terms and
conditions set forth in this Agreement, an Easement over the 8.10 -acre parcel of real
property and more specifically described in Exhibit "B" attached and incorporated by
reference herein.
2. Purchase Price; Effective Date. The consideration for the Easement shall be paid
in kind to the District. As consideration the County shall design, construct, and maintain
a 12 -foot wide asphalt Proposed Trail along the existing Trans -Florida Central Railway
Right -of -Way. The estimated cost of the Proposed Trail is $830,520.24 EIGHT
HUNDRED THIRTY THOUSAND FIVE HUNDRED TWENTY DOLLARS AND TWENTY-
FOUR CENTS, as evidenced by the Engineer's Opinion of Probable Cost attached to this
Agreement as Exhibit "C" and incorporated by reference herein. The District shall
consider the purchase price paid upon completion and acceptance of the Proposed Trail
by the Co-owners. The Effective Date of this Agreement shall be the date when the last
of the District or the County has executed the same, and that date shall be inserted at the
top of the first page hereof.
3. Easement. The District shall convey the Easement free of claims, known to the
District that would prohibit or materially affect the County from constructing of the
Proposed Trail. In the event the County fails to construct the Proposed Trail, the
Easement will automatically terminate.
4. Closing Costs: Expenses. The County and the District shall be responsible for
preparation of all Closing documents. The County shall pay all Closing Costs.
5. Miscellaneous. This Agreement constitutes the entire agreement between the
parties with respect to this transaction and any modification or amendment to this
Agreement shall be effective only if in writing and executed by each of the parties.
6. Notices. Any notice shall be deemed duly served if personally served or if mailed
by certified mail, return receipt requested, or if sent via "overnight" courier service or
facsimile transmission, as follows:
If to District: St. John's River Water Management District
4049 Reid Road
Palatka, FL 32177
Attn: Real Estate Services Program Director
Email: realestateservicesCcDsirwmd.com
If to the County: Indian River County
1801 27th Street
Vero Beach, FL 32960
Attn: James Mann, Infrastructure Project Manager
Either party may change the information above by giving written notice of such
change as provided in this paragraph.
7. Counterparts. This Agreement may be executed in two or more counterparts,
each one of which shall constitute an original.
8. County Approval Required: This Agreement is subject to approval by the Indian
River County Board of County Commissioners as set forth in paragraph 2.
9. Non -Waiver of District Regulatory Powers. Nothing contained in this Agreement
shall be construed as a waiver of or contract with respect to the regulatory and permitting
authority of the District as it now or hereafter exists under applicable laws, rules and
regulations.
10. Non -Waiver of Sovereign Immunity. Nothing contained in this Agreement or in any
instrument executed pursuant to the terms of this Agreement shall be construed as a
waiver or attempted waiver by the District of its sovereign immunity under the constitution
and the laws of the State of Florida.
IN WITNESS WHEREOF, the undersigned have executed this Agreement as of
the date first set forth below.
ATTEST: Jeffrey R. Smith, Clerk of
the Co and Comptroller
By: 0d&�
') eputy Clerk
Approved as to form and
legal sufficiency:
1l414D,'f
William K. DeBraal "
Deputy County Attorney
INDIAN RIVER COUNTY BOARD OF
COUNTY COMMISSIONERS ..••••'•'"••
h1A,,,,*!'
Date Signed:
Indian River County Administrator
By:
Jefs-66 E. Brown
ST. JOHNS RIVER WATER MANAGEMENT
DISTRICT, a pubilp body existing under
Chapter 37;<Fjdfida tatu
By: -_
Mk hael A. Regist r, P.E.
Executive Director
ATTEST -
By:
Erin Preston, Esq.
Interim General Counsel
For use and reliance only by
St. Johns River Water Management District,
Legal Form and Content Approved:
By: --
Karen Ferguson sq.
Office of General Counsel
g
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EXHIBIT
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L „ River Preserve
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Easement R1911t-0 -Way 0 500 1,000 2,000
State Managed Conservation Lands
City/County Managed Conservation Lands Feet
Location Map of Easement Area
Owned by St. Johns
N Indian River Count-, Florida
Fcllsmcrc�'
1 rail cad=
P.rc�en�;
LEGAL DESCRIPTION
A CENTERLINE DESCRIPTION FOR THE PURPOSE OF OBTAINING AN EASEMENT LYING WITHIN THE ABANDONED TRANS FLORIDA RAILROAD RIGHT OF WAY AS
DESCRIBED AND GRAPHICALLY SHOWN IN OFFICIAL RECORDS BOOK 208, PAGE 547 OF THE PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA; BEING
A STRIP OF LAND 60.00 FEET IN WIDTH LYING IN SECTION 19, TOWNSHIP 31 SOUTH, RANGE 38 EAST, INDIAN RIVER COUNTY, FLORIDA; SAID STRIP LYING
30.00 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE:
COMMENCE AT THE INTERSECTION OF THE CENTERLINE OF COUNTY ROAD 512, AS SHOWN ON THE STATE OF FLORIDA, STATE ROAD DEPARTMENT RIGHT
OF WAY MAP FOR STATE ROAD 512 (NOW COUNTY ROAD 512), AS RECORDED IN PLAT BOOK 10, PAGE 39, OF THE PUBLIC RECORDS OF INDIAN RIVER
COUNTY, FLORIDA AND THE EAST LINE OF THE PLAT OF "FELLSMERE FARMS COMPANY'S SUBDIVISION OF ALL UNSURVEYED PART OF TOWNSHIP 31
SOUTH, RANGE 37 EAST IN St. LUCIE COUNTY, STATE OF FLORIDA" AS RECORDED IN PLAT BOOK 2, PAGE 84 OF THE THE PUBLIC RECORDS OF St.
LUCIE COUNTY, FLORIDA (SAID LANDS NOW LYING AND BEING IN INDIAN RIVER COUNTY, FLORIDA); THENCE RUN N00'29'32"E, ALONG THE SAID EAST LINE
A DISTANCE OF 1,902.05 FEET TO A POINT ON THE CENTERLINE OF THE AFORESAID ABANDONED TRANS FLORIDA RAILROAD RIGHT OF WAY FOR A POINT
OF BEGINNING; THENCE DEPARTING SAID EAST LINE, RUN S87'21'23'E, ALONG SAID CENTERLINE, A DISTANCE OF 5,877.47 FEET TO A POINT ON THE
WEST PROPERTY LINE OF THE THE CITY OF FELLSMERE PARCEL DESCRIBED IN OFFICIAL RECORDS BOOK 2272, PAGE 1028, OF THE PUBLIC RECORDS
OF INDIAN RIVER COUNTY, FLORIDA; FOR THE POINT OF TERMINATION OF THE CENTERLINE OF SAID 60.00 FOOT WIDE STRIP.
SAID STRIP BEING BOUNDED ON THE WEST BY THE EAST LINE OF THE AFORESAID FELLSMERE FARMS COMPANY'S SUBDIVISION AND BOUNDED ON THE
EAST BY THE AFORESAID CITY OF FELLSMERE PARCEL.
CONTAINING: 8.10 ACRES (352,648 SQUARE FEET) MORE OR LESS.
1. THIS SKETCH OF DESCRIPTION IS NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF THE FLORIDA LICENSED PROFESSIONAL SURVEYOR AND MAPPER NAMED HEREON.
2. THIS SKETCH AND DESCRIPTION MEETS OR EXCEEDS ALL APPLICABLE REQUIREMENTS OF THE STANDARDS OF PRACTICE AS ESTABUSHED IN CHAPTER 5J-17, FLORIDA ADMINISTRATIVE CODE,
3. THIS SKETCH AND DESCRIPTION AND THE ADJOINING PARCELS MAY BE SUBJECT TO EASEMENTS, RESTRICTIONS, AND/OR RESERVATIONS NOT SHOWN, BUT MAY BE FOUND IN THE PUBLIC RECORDS OF
INDIAN RIVER COUNTY FLORIDA
4. THIS SKETCH AND DESCRIPTION DOES NOT REPRESENT A FIELD SURVEY. EXISTING PROPERTY CONDITIONS OR FEATURES ARE NOT SHOWN HEREON.
5. THE BEARINGS SHOWNHEREON ARE BASED UPON THE 1983 NORTH AMERICAN DATUM, 2011 ADJUSTMENT AND PROJECTED IN THE FLORIDA STATE PLANE COORDINATE SYSTEM, EAST ZONE; DERIVING A
GRID BEARING OF S87'21'23 -E, ALONG THE CENTERLINE OF THE ABANDONED 'TRANS FLORIDA RAILROAD RIGHT OF WAY AS SHOWN HEREON.
5. THIS SKETCH OF DESCRIPTION WAS PREPARED WITH THE BENEFIT OF A TOPOGRAPHIC SURVEY ENTITLED 'TRANS FLORIDA RAILWAY TRAIL (FELLSMERE FARMS SUBDIVISION TO INTERSTATE 95)"; PREPARED BY
INDIAN RIVER COUNTY PERSONNEL ON THE DATE OF FEBRUARY 14, 2022 AND LAST REVISED ON MAY 20, 2022.
LEGEND & ABBREVIATIONS
C.R. - COUNTY ROAD P.B. - PLAT BOOK S.J.R.W.M.D. - St, JOHNS RIVER WATER MANAGEMENT DISTRICT
C/L - CENTER UNF P.B.S. - St. LUCIE COUNTY PLAT BOOK T.I.I.T.F. - BOARD OF THE TRUSTEES OF THE INTERNAL
E - EAST PG - PAGE IMPROVEMENT TRUST FUND FOR THE STATE OF FLORIDA
ESMT - EAScMEl$I P.I.D. - PARCEL IDENTIFICATION PER PROPERTY APPRAISER W - WEST
F.P.&L. - I LORd;A POWEP AM) 'JCHT P.O.B. = POINT OF BEGINNING
NNORTH P.O.C. POINT OF COMMENCEMENT +/- = APPROXIMATE
No = 'DUMBER P.O.T. - POINT OF TERMINATION - LIMITS OF PROPOSED EASEMENT
U.H.B. - OFFCIF'. RECORDS BODY P.S.M. = PROFESSIONAL SURVEYOR AND MAPPER �—� = INDICATES JOINT OWNERSHIP
CERTIFICATION
SURVEYOR AND MAPPER IN RESPONSIBLE CHARGE SKETCH TO ACCOMPANY LEGAL DESCRIPTION
PREPARED FOR INDIAN RIVER COUNTY ENGINEERING DEPARTMENI
DAVID M. S!LON P.S.X. DATE THIS IS NOT A BOUNDARY SURVEY
FLORIDA REGISTRATION No. 6139
INDIAN RIVER ASSISTANT COUNTY SURVEYOR NOT COMPLETE WITHOUT SHEETS 1-3 AS CREATED
NDIAN RIVER COUNTY ADMINISTRATION BUILDING DRAWN ar: SECTION IR SKETCH AND DESCRIPTION SH/
1801 27th STREET QS&
VERO BEACH. FL 32960 %af!'�66o Wmi� APPROVED Br: TOWNSHIP 315. f0! PROPOSED EASEMENT /
(772) 567-8000 14' DJVJ�uha 2M RANGE 3
FEIMSMERE FNAB COMPNEY SURDIVISM I
UNSURVEYED PNET OF
1'OWNSHr 31 SOUK RANO! 37 HIST , z
IN SL LLICE COUNTY. FLORIDA 0
54
PER Pay PC S.J.R.W.M.D. & T.I.I.T.F.
TMACf
ABANDONED 100' WIDE
14" � P.I.O. No
FEAMM ;.�; m 31-38-08-00000-5000-00001.0
FLORIDA RAILROAD
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INTERSECTION OF THE C/L OF C.R. 512 PER THE STATE OF
FLORIDA STATE ROAD DEPARTMENT R/W MAP, PER P.B. 10, PG 39
& THE E UNE OF THE "FELLSMERE FARMS COMPANYS SUBDIVISION
OF ALL UNSURVEYEU PART OF TOWNSHIP 31 S. RANGE 37 E IN
St. LUCIE COUNTY, FLORIDA" PER St. LUCIE COUNTY PLAT BOOK 2, THIS IS
NOT A BOUNDARY SURVEY
PG 84 (NOW LYING IN INDIAN RIVER COUNTY. FLORIDA) _ -
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NDIAN RIVER COUNTY ADMINISTRATION BUILDIN h% j��j�/m ��f�/7y DRAWN BY: SECTION 19 SKETCH AND DESCRII'TZON
1801 27th STREET D. '.SON 2
VERO BEACH, FL 32960 tofPu&bi- Waab BY TOWNSHIP 315. for PROPOSED EASEMENT
(772) 567-8000 AWViUtW - �- APPROVED.SaMYVM RANGE 3dfB. DT.
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THIS IS
NOT A
BOUNDARY SURVEY
NOT COMPLETE
WITHOUT
SHEETS 1-3 AS CREATED
NDIAN RIVER COUNTY ADMINISTRATION BUILDINBW1"R1V"
1801 27th STREET
10.l�garrOJamtofRblic
COVjV7Y
Wiarty
DRAWN BY: SECTION IN
D.S .ON
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SKETCH AND DESCRUMON
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APPROVED BY:
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for PROPOSED EASEMENT
(772) 567-8000
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EXBIBIT C
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\`1�111t111t1/��/
014 G. -8;
'-,'A fl r
No. 72460 - Z
,
i
ArE OF
ENGINEER'S OPINION OF PROBABLE COST���``�
FDOT CONSTRUCTABILITY PLANS ���O&A l
4111���`
PROJECT' NAME: hails To Trails 1.4 Mile Extension of Historic `Trans -Florida Rail Trail
(Unit Costs Obtained from FDOT Item Average Unit Cost Tables Front 2021/05/01 to 2022/04/30 - Markert Area 11)
77" Eahinrer kat no ewdnd err the n,st of Cabal, mNuiats, eynlpn,rnt orsan•lces fnrnisired by Debars, or o+rr thr Caerirnu r S m ahod, of de mduingpriecs. ar nrrr cangxtitirr bidrting or market ma 'fllinrrx Oprnfnns of
pmhabte mts provided heroix ore ha ed or, the h jarnxnian knonrk to dre F-typineel at this tine ext repreuni only the Fxghreer's judgrnenf ns a design pmfcxriamx,l faa,illar with the rou.drntrim, mdovy, 77c Engineer
normae and doer AN guuwntee That propnsata, bids, ,x achrul constrncdnr, casts "U not r y frnra its ophdon of probable ros/s.
PAY ITENI NO.
DESCRIPTION
UNIT
PROJECT
UANT17'Y
I UNCI' COST
PROJECT COST
ROADNVAY PAY ITEMS
101-1
MOBILIZATION
LS
I
$ 30,000.00
S 30,000.00
102-1
MAINTENANCE OF TRAFFIC
LS
I
S 10,000,00
S 10,000.00
104-1
ARTIFICIAL COVERINGS / EROSION CONTROL ABATEMENT PRODUCTS
SY
8,150
$ 5.00
S 40,750.00
104-10-3
SEDIMENT BARRIER
LF
14,800
S 2.32
S 34,336,00
104-15
SOIL TRACKING PREVENTION DEVICE
EA
2
S 5,000.00
$ 10,000,00
I t0-1-1
CLEARING AND GRUBBING
AC
4,50
S 13,640.00
S 83,880.00
120-1
REGULAR EXCAVATION
CY
2,725
S 7.14
S 19,456.50
120-6
EMBANKMENT
CY
t00
S 14,42
S 1,442.00
1604
TYPE B STABILIZATION 12" (LBR40)
SY
13,000
S 3.45
S 109,850,00
285-704
OPTIONAL BASE GROUP 4 (6' CEMENTED COQUINA) (LBR 100)
SY
10,500
S 15,00
$ 157,500.00
285-706 OPTIONAL BASE GROUP 6 (8" CEMENTED COQUINA) (LBR 100)
SY
300
$ 15.44
S 4,632.00
334.1-12 SUPERPAVE ASPHALT CONCRETE, TRAFFIC B (TYPE SP -9.5.1.5")
TN
790
$ 147.47
S 116,501.30
334-1-13 SUPERPAVE ASPHALT CONRETETRAFFIC C (TYPE SP -9.5, I")(FPL EASEMENT AREA)
TN
14
$ 102.44
S 1,434.16
334-1-13 SUPERPAVE ASPHALT CONRETE TRAFFIC C (TYPE SP -12.5, 1.5") (FPL EASEMENT AREA)
TN
21
S 102.44
S 2,151.24
430-175-115 PIPE CULVERT, OPTIONAL MATERIAL, ROUND, 15" S/C'D (RCP)
LF
24
S 23697
S 5,684.88
430-175-124 PIPE CULVERT, OPTIONAL MATERIAL, ROUND, 24" S,CD (RCP)
LF
80
$ 119.53
S 9,562.40
430-175-224 PIPE CULVERT, OPTIONAL NIXI"ERIAL, ROUND, 19'x30" S -CD (ERCP)
LF
40
S 141.82
5 5,672.80
570-1-2 PERFORMANCE TURF, SOD (MATCH EXISTING)
SY
6,450
$ 3.32
S 21,414.00
700-1-11 SCRUB JAY TRAIL SIGNAGE (INSTALLATION ONLY)
AS
2
$ 453.23
S 916.46
700-1-11 SINGLE OST SIGN, UP TO 12 SF
AS
2
S 458.23
S 916.46
519-78 BOLLARDS (COLLAPSIBLE)
EA
4
S 1,500.00
S 6,000.00
999-1 ASBUILT SURVEYING AND RECORD DRAWING PREPARATION (BY REGISTERED
SURVEYOR)
1S
I
S 20,000.00
S 20,000.00
-
ROADWAY PAY ITEMS SUBTOTAL
S 692,100.20
IMPROVEAIENTSSUBTOT.AL S 692,100.20
20l CONTINGENCY S 138,420.04
IMPROVENIENTS TOTAL S 830,520.24
LS=I.ampSum DA -Day LF=Linear Fool AC -Acre SY=SqunreYard CY=CubicYnrd TN=Ton
F-4 - Ench AS =Assembly Ci3 = Cross Mile P1= Per IntersecEioa
PREPARED BY AND RETURN TO:
Karen Ferguson, Esq.
St. Johns River Water Management District
P.O. Box 1429
Palatka, Florida 32178-1429
%VOL-0150-yb
LA # 2390
EASEMENT
3120230002897
RECORDED IN THE PUBLIC RECORDS OF
JEFFREY R SMITH, CLERK OF COURT
INDIAN RIVER COUNTY FL
BK: 3595 PG 1782 Page 1 of 8 1/20/2023 3 51 PM
THIS EASEMENT is given this day of January, 2023 (Effective Date), by ST.
JOHNS RIVER WATER MANAGEMENT DISTRICT, a public body existing under
Chapter 373 of the Florida Statutes, whose mailing address is 4049 Reid Street, Palatka, Florida
32177 (Grantor) and Indian River County, whose mailing address is 1801 27th Street, Vero
Beach, FL 32960 (Grantee). As used herein, the term "Grantor" shall include any and all
successors or assigns of the Grantor, and all subsequent owners of the "Property" (as hereinafter
defined) and the term "Grantee" shall include any heirs, successors or assigns of Grantee.
WITNESSETH
WHEREAS, Grantee wishes to extend a multi -use trail as part of the Florida
Department of Transportation's Rails to Trails project along the of the historic Trans -Florida
Railroad Trail through a portion of the St. Sebastian River Buffer Preserve State Park.
WHEREAS, Grantor and the Board of Trustees of the Internal Improvement Trust
Fund of the State of Florida (Trustees) jointly own certain lands situated in Indian River
County, Florida, commonly known as the St. Sebastian River Buffer Preserve State Park, and
more specifically described in Exhibit "A" attached hereto and incorporated herein (Easement
Property).
WHEREAS, the Trustees amended the Trustees' Easement 32851, granted to Indian
River County, Florida for its interest in the Easement Property.
WHEREAS, the Grantee has requested an Easement for ingress and egress over, on,
under and upon the Easement Property for the purpose of designing, constructing, and
maintaining a 1.4 -mile paved multi -use trail as an extension of the Florida Department of
Transportation's Rails to Trails along the historic Trans -Florida Railroad Trail.
WHEREAS, Grantor has agreed to grant and convey to Grantee, a permanent non-
exclusive access easement over, on, upon, and across the Property for the specific and limited
purposes set forth herein.
NOW, THEREFORE, in consideration of the mutual covenants, promises, terms and
conditions set forth herein, together with other good and valuable consideration provided to
Grantor, the adequacy and receipt of which are hereby acknowledged, Grantor hereby
voluntarily grants, creates, conveys, and establishes a perpetual non-exclusive easement
(Easement) for and in favor of Grantee upon the Easement Property described on Exhibit "A"
which shall run with the land and be binding upon the Grantor.
Page 1 of 5
The scope, nature, and character of this Easement shall be as follows:
1. Recitals. The recitals herein are true and correct and are hereby incorporated into
and made a part of this Easement.
2. Grant of Easement. Grantor hereby gives, grants, bargains, sells and conveys to
Grantee a perpetual non-exclusive Easement for access and/or right of way purposes over, on,
under and upon the Easement Property, with full right and authority of ingress and egress over,
on, under and upon the Easement Property at all times for the purpose of designing,
constructing, and maintaining a 12 -foot wide asphalt surface multi -use trail and supporting
culverts within the Easement Area as part of the Florida Department of Transportation's Rails to
Trails 1.4 mile extension of the historic Trans -Florida Railroad Trail for access by Grantee, its
invitees, contractors, agents, and members of the general public. By acceptance of the benefits
of this Easement, Grantee agrees to perform and comply with all obligations imposed on the
Grantee herein.
3. • Limitation on Easement. This Easement is given by Grantor to Grantee subject
to the following terms, conditions and limitations: (i) the Easement granted herein is solely for
the purpose of design, construction, and maintenance of a paved multi -use trail as part of the rail
to trails program for ingress and egress by Grantee, its invitees, contractors and agents, including
members of the general public, and for no other purpose whatsoever; (ii) Grantee shall abide by
any and all applicable laws, rules, regulations, codes and ordinances when utilizing the
Easement Property; (iii) Grantee, at its sole cost and expense, shall construct the multi -use trail
and continue to repair and maintain the Easement Property in a good, safe condition; and (iv)
Grantee shall indemnify and hold harmless Grantor from and against the claims of all persons
whomsoever in the event of damage to property or injury to persons resulting from use of the
Easement Property by all persons whomsoever, unless such damage or injury is caused by the
sole negligence of Grantor.
4. Special Conditions. The following special conditions apply to this easement:
a. All construction will comply with the Americans with Disabilities Act
("ADA") and will be in accordance with State of Florida Department of Transportation's most
recent and relevant guidelines for multi -use trails and with the most recent version of Federal
Highway Administration's Manual on Uniform Traffic Control Devices.
b. Grantee will design and construct the Easement Area to retain natural
hydrologic connections between surrounding wetlands severed by the construction of the railroad
berm. These efforts may be by construction of multiple culverts or by low-water crossings filled
with ballast, both methods designed to be suitable for use by firefighting equipment.
C. Grantee acknowledges the St. Sebastian River Buffer State Park is
managed by the State of Florida Department of Environmental Protection, Division of
Recreation and Park, Florida Park Service (Managing Agency) on behalf of Grantor and the
Trustees (Lease 4397, as amended).
d. Grantee acknowledges that prescribed burning is a land management
practice used by Managing Agency to manage natural resources and that prescribed burning may
result in fire or smoke within the Easement Area. The Managing Agency will notify the Grantee
prior to any prescribed fire activity in the Easement Area and will limit all temporary closures to
the minimum duration possible to assure public safety.
Page 2 of 5
e. Grantee will design and construct the Easement Area to be fully functional
as a fire line that can be traversed by heavy firefighting equipment without damaging the
Easement Area surface and will ensure that all improvements are designed, constructed,
operated, and maintained in a manner compatible with prescribed burning practices.
f. Grantee agrees to cooperate fully with the Managing Agency to ensure
that the maintenance and use of the trail does not prevent or adversely affect the Managing
Agency's ability to conduct prescribed burns. This includes, but may not limited to, all measures
necessary to maximize safety such as assisting with posting and maintaining of smoke signage,
complying with, and assisting with traffic control and assisting with possible temporary closure
of the Easement Area to pedestrian and vehicular traffic.
g. Grantee will coordinate all construction and maintenance activities with
the Managing Agency, at least seven (7) days in advance. At the discretion of the Managing
Agency, such coordination may require an on-site meeting. The Managing Agency may be
contacted at (772) 340-7530.
h. Grantee acknowledges that the Managing Agency has the authority to
temporarily halt any construction or maintenance activities that are unsafe for Easement Area
visitors or staff or unacceptably adversely impacting Easement Area resources or facilities. The
Managing Agency will work in earnest to identify and implement a resolution as quickly as
possible, so as not to cause unnecessary delays to Grantee's schedule of operation.
5. Reservation of Use by Grantor. This Easement is non-exclusive and the Grantor
reserves unto itself, its successors and assigns, its invitees, contractors, and agents, including
members of the general public, the right to utilize the Easement Property for any purpose which
does not unreasonably interfere with the use of the Easement Property by Grantee for the
purposes set forth herein. Each party shall use the rights granted and reserved by this Easement
with due regard for the rights of the other party to use and enjoy the Easement Property.
6. Successors and Assigns. The Easement shall be binding upon and inure to the
benefit of the parties specified herein, their respective heirs, successors and assigns, and the
benefit and burdens hereof shall run with the Easement Property in perpetuity.
7. Grantor's Liability. Grantor's liability is limited as provided in Section 768.28,
F.S. Additionally, Grantor shall not be responsible for any costs or liabilities related to the
operation, upkeep, or maintenance of this Easement or the Easement Property.
8. Duration. This Easement shall remain in full force and effect in perpetuity,
unless terminated earlier as provided herein.
9. Modification. This Easement may be amended, altered, released, or revoked only
by written agreement between the parties hereto or their heirs, assigns or successors, which shall
be filed in the public records in Indian River County, Florida.
10. Termination. In the event Grantee fails to construct the multi -use trail as part of
the rail to trails program within 36 months of the Effective Date of this Easement, Grantor may
terminate this Easement by filing a Notice of Termination of Easement in the Public Records of
Indian River County, Florida.
Page 3 of 5
11. Non -waiver of Regulatory Authority. Nothing contained herein shall be
construed as a waiver of or contract with respect to the regulatory and permitting authority of the
District as it now or hereafter exists under applicable laws, rules, and regulations.
12. Effective Date. The Effective Date of this Easement shall mean the date when
Grantor has executed the same, and that date shall be inserted at the top of the first page herein.
ST. JOHNS RIVER WATER MANAGEMENT
DISTRICT, a public body existing under
Chapter 373, Florida Statutes
By:
Rob Bradley, Chair
ATTEST:
By:
J. Chris Peterson, Se etary
For use and reliance only by
St. Johns River Water Management District,
Legal Form and Content Approved:
By:
Karen Ferguso sq.
Office of General Counsel
STATE OF FLORIDA
COUNTY OF PUTNAM
I HEBY CERTIFY that the foregoing instrument was acknowledged before me by
means of Srphysical presence or ❑ online notarization, this day of January, 2023, by Rob
Bradley, as Chair of the St. Johns River Water Management District, on behalf of the District,
who is personally known to me, and who did not take an oath.
------ ---- UMN��AQM-k/-
NOTARY PUBLJC, State of Florida
t�p�e• COURTNEYA WALDRON y Expires: bG CM%, f 0 H
M Commission Ex fires
Commission # HH 68715
a' Expires December 3, 2024 My Commission No.: j)c W g %n i s
Bonded Thu Troy Fain Inswance 800.385-7019
Page 4 of 5
Exhibit A
Surveyed Sketch and Description
Page 5 of 5
ON
X
LL]
LEGAL DESCRIPTION
A CENTERLINE DESCRIPTION FOR THE PURPOSE OF OBTAINING AN EASEMENT LYING WITHIN THE ABANDONED TRANS FLORIDA RAILROAD RIGHT OF WAY AS
DESCRIBED AND GRAPHICALLY SHOWN IN OFFICIAL RECORDS BOOK 206, PAGE 547 OF THE PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA; BEING
A STRIP OF LAND 60.00 FEET IN WIDTH LYING IN SECTION 19, TOWNSHIP 31 SOUTH, RANGE 38 EAST, INDIAN RIVER COUNTY, FLORIDA; SAID STRIP LYING
30.00 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE:
COMMENCE AT THE INTERSECTION OF THE CENTERLINE OF COUNTY ROAD 512, AS SHOWN ON THE STATE OF FLORIDA, STATE ROAD DEPARTMENT RIGHT
OF WAY MAP FOR STATE ROAD 512 (NOW COUNTY ROAD 512), AS RECORDED IN PLAT BOOK 10, PAGE 39, OF THE PUBLIC RECORDS OF INDIAN RIVER
COUNTY, FLORIDA AND THE EAST LINE OF THE PLAT OF "FELLSMERE FARMS COMPANY'S SUBDIVISION OF ALL UNSURVEYED PART OF TOWNSHIP 31
SOUTH, RANGE 37 EAST IN St. LUCIE COUNTY, STATE OF FLORIDA" AS RECORDED IN PLAT BOOK 2, PAGE 84 OF THE THE PUBLIC RECORDS OF St.
LUCIE COUNTY, FLORIDA (SAID LANDS NOW LYING AND BEING IN INDIAN RIVER COUNTY, FLORIDA); THENCE RUN NOO'29'32"E, ALONG THE SAID EAST LINE,
A DISTANCE OF 1,902.05 FEET TO A POINT ON THE CENTERLINE OF THE AFORESAID ABANDONED TRANS FLORIDA RAILROAD RIGHT OF WAY FOR A POINT
OF BEGINNING; THENCE DEPARTING SAID EAST LINE, RUN S87'21'23"E, ALONG SAID CENTERLINE, A DISTANCE OF 5,877.47 FEET TO A POINT ON THE
WEST PROPERTY LINE OF THE THE CITY OF FELLSMERE PARCEL DESCRIBED IN OFFICIAL RECORDS BOOK 2272, PAGE 1028, OF THE PUBLIC RECORDS
OF INDIAN RIVER COUNTY, FLORIDA; FOR THE POINT OF TERMINATION OF THE CENTERLINE OF SAID 60.00 FOOT WIDE STRIP.
SAID STRIP BEING BOUNDED ON THE WEST BY THE EAST LINE OF THE AFORESAID FELLSMERE FARMS COMPANY'S SUBDIVISION AND BOUNDED ON THE
EAST BY THE AFORESAID CITY OF FELLSMERE PARCEL.
CONTAINING: 8.10 ACRES (352,648 SQUARE FEET) MORE OR LESS
1. THIS SKETCH OF DESCRIPTION IS NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF THE FLORIDA LICENSED PROFESSIONAL SURVEYOR AND MAPPER NAMED HEREON.
2. THIS SKETCH AND DESCRIPTION MEETS OR EXCEEDS ALL APPLICABLE REQUIREMENTS OF THE STANDARDS OF PRACTICE AS ESTABLISHED IN CHAPTER 5J-17, FLORIDA ADMINISTRATIVE CODE.
3. THIS SKETCH AND DESCRIPTION AND THE ADJOINING PARCELS MAY BE SUBJECT TO EASEMENTS, RESTRICTIONS, AND/OR RESERVATIONS NOT SHOWN, BUT MAY BE FOUND IN THE PUBLIC RECORDS OF
INDIAN RIVER COUNTY FLORIDA
4. THIS SKETCH AND DESCRIPTION DOES NOT REPRESENT A FIELD SURVEY. EXISTING PROPERTY CONDITIONS OR FEATURES ARE NOT SHOWN HEREON.
5. THE BEARINGS SHOWN HEREON ARE BASED UPON THE 1983 NORTH AMERICAN DATUM, 2011 ADJUSTMENT AND PROJECTED IN THE FLORIDA STATE PLANE COORDINATE SYSTEM, EAST ZONE: DFRMNG A
GRID BEARING OF S8T21'23'E, ALONG THE CENTERLINE OF THE ABANDONED TRANS FLORIDA RAILROAD RIGHT OF WAY AS SHOWN HEREON.
6. THIS SKETCH OF DESCRIPTION WAS PREPARED WITH THE BENEFIT OF A TOPOGRAPHIC SURVEY ENTITLED 'TRANS FLORIDA RAILWAY TRAIL (EELLSMERE FARMS SUBDIVISION TO INTERSTATE 95)"; PREPARED BY
INDIAN RIVER COUNTY PERSONNEL ON THE DATE OF FEBRUARY 14, 2022 AND LAST REVISED ON MAY 20, 2022.
LEGEND & ABBREVIATIONS
C.R. a COUNTY ROAD
P.B. - PLAT BOOK
C/L a CENTER UNE
P.B.S. = St, LUCIE COUNTY PLAT BOOK
E!
E EAST
PG PAGE
ESMT EAKME(<T
P.I.D. = PARCEL IDENTIFICATION PER PROPERTY APPRAISER
F. P.&L. - rLORd;A POWER ANO '-IC-HT
P.O.B. = POINT OF BEGINNING
N = NORTH
P.O.C. - POINT OF COMMENCEMENT
No = NUMBER
P.O.T. = POINT OF TERMINATION
O.R.B. - OFFiCIA•_ RECORDS BOON
P.S.M. = PROFESSIONAL SURVEYOR AND MAPPER
CERTIFICATION
SURVE`'OR AND MAPPER IN RESPONSIBLE CHARGE
DAVID M. S!LON P'.S.A:. DATE
FLORIDA REGISTRATION No. 6139
S.J.R.W.M.D. = St. JOHNS RIVER WATER MANAGEMENT DISTRICT
T.I.I.T.F. = BOARD OF THE TRUSTEES OF THE INTERNAL
IMPROVEMENT TRUST FUND FOR THE STATE OF FLORIDA
W = WEST
+/- = APPROXIMATE
= INDICATES JOINT OWNERSHIP ® LIMITS OF PROPOSED EASEMENT
SKETCH TO ACCOMPANY LEGAL DESCRIPTION
PREPARED FOR INDIAN RIVER COUNTY ENGINEERING DEPARTMENT
RIVER COUNTY ADMINISTRATION BUILDING -�- BY:�VD�11Verv�4cnuNn-
taol 27tH srREtT D.YIVERO BEACH, FL 32960 ,` IaCpllt &mfafFub& Wades ��DRA'4
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k THE E LINE OF THE "FELLSMERE FARMS COMPAMPS SUBDMSION
OF ALL UNSURVEYED PART OF TOWNSHIP 31 S, RANGE 37 E IN
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NOT A BOUNDARY SURVEY
PG 84 (NOW LYING IN INDIAN RIVER COUNTY, FLORIDA)
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NDIM RIVER COUNTY ADMINISTRATION BUILDIJ
1801 27th STREEr
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AVAMM8Yclf
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TOW SH I P
SKETCH ANDDBSCRIPnON
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Arreovee BY: .31.£
for PROPOSED EA.3EMENP