Loading...
HomeMy WebLinkAbout1984-034RESOLUTION 84- 34 ® RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER', i, COUNTY, FLORIDA, PROVIDING FOR THE CLOSING, ABANDONMENT AND VACATION OF A 35 -FOOT WIDE COUNTY ROAD RIGHT-OF-WAY LOCATED ON THE WEST SIDE OF STATE ROAD A -1-A, 1/2 MILE NORTH OF COUNTY ROAD 510, TOGETHER WITH ANY RIGHT TITLE AND INTEREST OF THE COUNTY AND THE PUBLIC IN AND TO THE ACTUAL EXISTING SOIL ROAD LOCATED PARTIALLY WITHIN AND (WITHOUT THE COUNTY RIGHT-OF-WAY WHEREAS, on March 21, 1984, the County received a duly executed and documented petition from North Beach Associates, Ltd., a Florida Limited Partnership, of 582 Beachland Boulevard, ® Vero Beach, Florida, requesting the County to close, vacate, abandon and disclaim any right, title, and interest of the County and the public in and to a 35 -foot wide right-of-way located on the west side of State Road A -1-A, 1/2 mile north of County Road 510. Together with any right, title, and interest of the County and the public in and to the existing soil road located partially within and without the County right-of-way. WHEREAS, in accordance with Florida Statutes Section 336.10, 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 located within any municipality, nor is said right -o£ -way necessary for continuity of the County's street and thoroughfare netw-rk, nor access to any given private property; with the sole exception that said right -Of - way is deemed necessary for utility purposes as reserved below. v NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA that: i 1. All right, title and interest of the County and the �.� public in and to that certain right-of-way being more particularly described as: The South 35 feet of Government Lot 1, Section 23, Town- ship 31 South, Range 39 East, which lies West of the 'j centerline of A -1-A, as filed in the office of the Clerk 1 of the Circuit Court of Indian River County, Florida, in Plat Book 4, page 62, and terminating at the East right- of-way line of Jungle Trail, together with all right, title, and interest of the Countl, and the 1 public in and to the existing soil road located partially within and without the said right -of. -way, is hereby forever closed, abandoned, vacated, surrendered, discontinued, remised, and released, reserving, however, the following described private utility easements for the use of Florida Power and Light Company and Southern Bell Telephone and Telegraph Company, said easement being particularly described as follows: The North 10 feet of cne South 38 feet of that part of Government Lot 1, Section 23, Township 31 South, Range 39 East, lying West of the centerline of State Road A -1-A, Indian River County, Florida. 2. Notice of the adoption of this resolution shall be forthwith published once within thirty (30) days from the date of adoption hereof; and 3. The Clerk is hereby directed to record this resolution together with the proofs of publication required by Florida Statutes Section 336.10 in the Official Record Books of Indian River County without undue delay. -1- A'. 60 Lyons The foregoing resolution was offezed by Commissioner who moved its adoption. The motion was seconded by Commissioner Nodtke and, upon being put to a vote, the vote was as follows: _ Chairman Don C. Scurlock, Jr. Ave Vice -Chairman Patrick B. Lyons Aye Commissioner Richard N. Bird Aye Commissioner William C. Wodtke, Jr. Aye Commissioner Margaret Bowman Absent The Chairman thereupon declared the resolution duly passed and adopted this 23rd day of May 1984. 0 BOARD OF COUNTY COMMISSIONERS OF IND�IIAN RIVER COUNTY, FLORIDA --v.L- — DON C. SCURLO R, JR. Chairman ATTEST: FREDA - WRIGHT. C1erk.of Circuit Court STATE OF FLORIDA COUNTY OF INDIAN RIVER I HEREBY CERTIFY that on this day, before me, and officer duly authorized in this State and County to take acknowledgments, personally appeared DON C. SCURLOCK, JR. and FREDA WRIGHT, as Chairman of the Board of County Commissioners and Clerk, respect- ively, to me known to be the persons described in and who executed the foregoing instrument and they acknowledged before me that they executed the same. WITNESS my hand and official seal In the County and State last aforesaid this day of AUA4 A.D., 1984. NOTAR ' My Commission Expires: lllJ// NOTARY PUBLIC STATE OF FLORID bOtJDED THRU GENERAL INSUMNCE UND, MY COMMISSION EXPIRES lUw 9 ;on. APPROVED TO FORM AND LEGAL IENCY: BRANDENBURG jCou ty Attorney 0 i •i;'�' IPJ�lI;1 ZE :q Nd 81 030 4861 ,III ,I• ,i,^....•i ♦ IlMO;::Ii� Ni::i 0��1� -2- NOW THEREFORE, THE CONDITIONS OF THIS OBi,IGATION are that if the above bounded Principal shall in all respects comply with the terms and conditions of the contract, within the time therein specified, and shall in every respect fulfill its obligations thereunder and under the permits, plans and regulations therein referred to and made a part thereof, and shall indemnify and save harmless the County against or from all claims, costs, expenses, damages, injury or loss, including engineering, legal and contingent costs, whiff;Indian River County may sustain on account of the failure of the Principal to carry out and execute all the provisions of the contract, within the time therein specified, then this obligation to be void; otherwise to be and remain in full force and virtue. THE SURETY UNCONDITIONALLY COVENANTS AND AGREES that if the Principal fails to perform all or any part of the obligations stated in said contract, within the time specified, the Surety, upon thirty (30) upon days written notice from the County or its authorized representative, as to the default, will forthwith perform and complete the aforesaid obligations and pay the cost thereof, including but not limited to, engineering, legal and contingent costs. Should the Surety fail or refuse to perform and complete said improvements, the County, in view of the public interest, health, safety and welfare and the inducement in approving and filing said plat, shall have the right to resort to any and all legal remedies against the Principal and the Surety, or either, including specific performance, to which the Principal and Surety unconditionally agree_ THE PRINCIPAL AND SURETY FURTHER jointly and severally agree that the County, at its option, shall have the right to construct or, pursuant to receipt of competitive bids, cause to be constructed the aforementioned improvements in the event the Principal, or the Surety if requested, shall fail or refuse to do so in accordance with the terms of the contract. In the event the County should exercise and give effect to such right, the Principal and Suretv sh,ll be ;.,inti.. and severally liable hereunder to reimburse the County for the total cost thereof, including but not limited to, engineering, legal and contingent costs, including reasonable attorney's fees, together with any damages either direct or consequential, which may be sustained by the county on account of the failure of the Principal to carry out ERC PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS: ® That NORTH BEACH ASSOCIATES, LTD. , Developer (hereinafter called the "Principal") and FIREMAN"S FUND INSURANCE COMPANY a surety company authorized to transact such business in the State of Florida, • (hereinafter called the "Surety"), are held and firmly bound unto Indian River County, a political subdivision in the State of Florida, hereinafter "County", in the full and just sum of $ 50,000.00 lawful money of the United States of America, to be paid to the Board of County Commissioners of Indian River County, to which payment well and truly to be made we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. ® ® WHEREAS, the above bounded Principal, as a condition precedent to the abandonment of a road right-of-way adjacent to property owned by Principal, entered into a written agreement with the County, pursuant to Resolution #84-34, to construct certain road improvements, all pursuant to the said Contract, which is incorporated herein by reference and made a part hereof for all purposes. WHEREAS, it was one of the conditions of the contract that ® this bond be executed. NOW THEREFORE, THE CONDITIONS OF THIS OBi,IGATION are that if the above bounded Principal shall in all respects comply with the terms and conditions of the contract, within the time therein specified, and shall in every respect fulfill its obligations thereunder and under the permits, plans and regulations therein referred to and made a part thereof, and shall indemnify and save harmless the County against or from all claims, costs, expenses, damages, injury or loss, including engineering, legal and contingent costs, whiff;Indian River County may sustain on account of the failure of the Principal to carry out and execute all the provisions of the contract, within the time therein specified, then this obligation to be void; otherwise to be and remain in full force and virtue. THE SURETY UNCONDITIONALLY COVENANTS AND AGREES that if the Principal fails to perform all or any part of the obligations stated in said contract, within the time specified, the Surety, upon thirty (30) upon days written notice from the County or its authorized representative, as to the default, will forthwith perform and complete the aforesaid obligations and pay the cost thereof, including but not limited to, engineering, legal and contingent costs. Should the Surety fail or refuse to perform and complete said improvements, the County, in view of the public interest, health, safety and welfare and the inducement in approving and filing said plat, shall have the right to resort to any and all legal remedies against the Principal and the Surety, or either, including specific performance, to which the Principal and Surety unconditionally agree_ THE PRINCIPAL AND SURETY FURTHER jointly and severally agree that the County, at its option, shall have the right to construct or, pursuant to receipt of competitive bids, cause to be constructed the aforementioned improvements in the event the Principal, or the Surety if requested, shall fail or refuse to do so in accordance with the terms of the contract. In the event the County should exercise and give effect to such right, the Principal and Suretv sh,ll be ;.,inti.. and severally liable hereunder to reimburse the County for the total cost thereof, including but not limited to, engineering, legal and contingent costs, including reasonable attorney's fees, together with any damages either direct or consequential, which may be sustained by the county on account of the failure of the Principal to carry out ERC O 00 • and execute all the provisions of the contract. It is expressly understood that the protections provided by this bond shall run exclusively to the County and its succes- sors or assigns and same are not expressly or impliedly intended to protect or save harmless any contractor, subcontractor, supplier, materialman, laborer, purchaser, or other party unless expressly agreed and acknowledged by Indian River County in writing. IN WITNESS WHEREOF, the Principal and the Surety have executed these presents this 29th da of October 19 84 y , NORTH BEACH ASSOCIATES, LTD'. PR1NCIPAL ZAREMBA TH BEA CO s General Partner By, President 7F an C. We (`Pltle) Attest: sst. Secretary Preston I. Perrone (Title) (affix corporate seal.) FIREMAN'S FUND INSURANCE CO. Surety By: 5100 North Federal Highway AtLorney--in-Fact Ft. Lauderdale, FL 33308 (Must attach Power..,,of Attorney and .at'f,ix corporate sca3) V 1 � -2- Rev. 3/1/84 m40 40 do DucER°`'r IBII pT��i! 11 / 15 / 8 4 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS ROLLINS BURDICK HUNTER OF FLA.INNO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, is I EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. P.O. Drawer 39299 +• Ft.Lauderdale, FL 33339 I COMPANIES AFFORDING COVERAGE THIS IS TO CERTIFY THAT POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE WIRED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REOUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO YRt!CH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS, AND CONDI. TIONS OF SUCH POLICIES. CO LTR COMPANY LETTER A F COMPANY LETTER am LIABILITY LIMITS IN THOUSANDS INSURED NORTH BEACH ASSOCIATES, LTD. 3339 Cardinal Drive COMPANY LETTER C Vero Beach, FL 32963 COMPANY LETTER n - I COMIPAN LETTER Y E THIS IS TO CERTIFY THAT POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE WIRED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REOUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO YRt!CH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS, AND CONDI. TIONS OF SUCH POLICIES. CO LTR TYPE OF INSURANCE POLICY NUMBER P010 EFFECTIVE PGIJLY E.4PiPAT1DN LIABILITY LIMITS IN THOUSANDS — DATE I'd:LCN)•'rY-1 GATE J-01 DNYTEACH - OCCURFIENCE AGGREGATE GENERAL LIABILITY -�EIOMLY X COMPREHENSIVE FORM 215 LA 333 5 8 81 10/12/84 10 / 12 / 8 5"uuaY $ $ • PREMiSESIOPERATIONS PROPERTY DAMAGE $ $ -'` UNDE. IAGUND EXPLOaiON d COLLAPSE HAZARD PRODUCTS;COMPLETED OPERATIONS CONTRACTUAL III & P NEO $1,000 $1,000 INDEPENDENT CONTRACTORS BROAD FORM PROPERTY DAMAGE r. PERSn%AL INJURY PERSONAL INJURY $ 1 ., AUTOMOBILE LIABILITY v ANY AUTO 5 �a�RF>�a ;$ ALL OWNED AUTOS (PRN. PASS.) I ---r ` rt Ly -- ALL OWNED AUTOS (oajjRp; AN ,jr.l. iihp '. $ HIRED AUTOS NON -OWNED AUTOS PPOPERTY DAMAGE $ fi r GARAGE LIABILITY i'. -I a P=$." CCM dM I `f EXCESS LIABILITY - UMBRELLA FORM I BI a PD CGMBINED $ $ OTHER THAN UMBRELLA CORM _ WORKERS' COMPENSATION I _7A TUTGRv - AND I I+ . $ --- 'DCII ACCIOP41) EMPLOYERS' LIABILITY i $ 'PS! AS[ LIMIT) M, OTHER --(- $at,F L1CN 1.!JPLOYEEI .. { I ! REC ELr3Y L' D ffgDESCRIPTION -- OF nPFaArrnucn nr nr,n.�...� ...... ..........._... .-_.... q ' -- NUV 1 81984 ADDITIONAL INSURED: INDIAN RIVER COUNTY ZAREMBA CWAMUNIT1ES i :TA_a W _ _. o . & iFF4F3�T Mj f+:r,sBL+'r•r �; SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EX. INDIAN RIVER COUNTY COMMISSIONERS PI RATION DATE THEREOF, T71E ISSUING COMPANY WILL ENDEAVOR TO Vero Beach, FL MAIL_ 77 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE 'r LEFT, Es AII,4RE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KRQ'UPON THE COMPANY, ITSAX-NTS OR REPRESENTATIVES. 40 • e !1 CP:NERAL, r W'ARr A FIRE4 _.4'S FUND' INSURANCE CQMPAN( KNON,ALL MEN Bl THESE PRESENTS: Thai FIREMAN'S FUND INSURANCE COMPANY. a Corporation duly organized and existing under the laws of the State of California. and having its principal office in the City and County of San Francisco. in said Stale. has made. constituted and appointed. and does by)hese presents make, constitute and appoint ALEX B. SHARPE and BRIAN A. GIBBS jointly or severally FT. LA�PERgALE, FL its true an awfu Attorneys) -in -Fact. with full power and authority hereby conferred in its name. place and stead. to execute. seal. acknowledge and deliver any and all bonds, undertakings, recognizances or other written obligations in the nature thereof i for all obligees, including any and all consents required by the Department of Transportation, State of Florida, incident to the release of retained percentages and/or final estimates NOT TO EXCEED TWO HUNDRED FIFTY THOUSAND AND NO/100 DOLLARS ($250,000,00)-------------------' and to bid rhe Corporation thereby as fully and to the same extent as if such bonds were signed by the Presi. _-nt, sealed with the corporate seal of the Corporation and duly attested by its Secretary. hereby ratifying and confirming all their the said ABorney(s)-in-Fact may do in the premises. Tlus power of atturne) is granted pursuant to Article VIII. Section 30 and 31 of By-laws of FIREMAN'S FUND INSURANCE COMPANY now in full force and effect. "Article x 111. Appointment and Aufhonp .Assistant secretaries, and Attorney -in -Fact and Agents to accept Legal Process and Make Appearances. Section 30, 4ppoinimenr. The Chairman of the Board of Directors, the President, any Vice -President of gn) other person authorized by the Bu3rd of Directors, the Chairman of thr Board of Director.. the President or any Vice -President, may, from time to time. appoint Resident Assistant Secretase: and Auorn",-m-fact to represent and act for and on behalf of the Corporation and Agents to a, ept legal proces, and make appearances for and on behalf of the Corporation. ' Section 31. 4uthoral. The Auihunq of such Resident Assistant Secretaries, Attorneys -in -Fact, and Agents shall be as prescribed in the instntment esidencing their appointment, and any such appointment and all authority granted thereby ma) be reviked at any time by the Board of Directors or b) an) person esnpowened to make such appointment." This the of s of FIREMAN'S FUND INSURANCEyis COMPANY atscaled al ee ng duly caked and held onof the thef 15th day ofsolution July. 1966. adopted tnd said Resolution hays notrbeen amended or repealed: "RESOLI'F.U. that the signature of any Vice -President. Assistant Secretary. and Resident Assistant Secretary of this Corporation. and the seal of this Corporation ma) be affixed or printed on any power of attorney. on any revocation of any power of attorney. or un any certificate relatine thereto. b) facsimile. and an) power of attorney. anrevocation of any power of attorney. or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Corporation." IN WITNESS WHEREOF. FIREMAN'S FUND INSURANCE COMPANY has caused these presents to be signed by its Vice -President. and its corporate seal to be hereunto affixed this 9th day of February , 19 j1____ FIREMAN'S FUND INSURANCE COMPANY B STATE OF CALIFORNIA, ss. CITY AND COUNTY OF SAN FRANCISCO On this 9th day of February 19 81 before me personally came William W . Lauber to me known, who, being by me duly sworn, did depose and say: that he is Vice -President of FIREMAN'S FUND INSURANCE COMPANY, the Lot - potation described in and which executed the above instrument; that he knows the seal of said Corporation; that the seal affixed to the said instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said Corporation and that he signed his name thereto by like order. IN WITNESS WHEREOF, I have hereunto set my h, nd and affixed my official seal, the day and year herein first abose written. +uwuWIuu111uuHis III III ulnuall loss wuall --- OFFICIAL SLAL nr{�J�L�''► SUSIE K. GILBERT Sy /P' NOTARY PUBLIC — CALIFORNIA Nmol Pubtm .. CITY L COUNTY OF SAN FRANCISCO E Aly Commiuion Exp tit Nov. 17, 1984 E CERTIFICATE STATE OF FLORIDA CITY OF 'TAMPA, HILLSBOROUGH COUNTY I, the undersigned, Resident Assistant Secretary of FIREMAN'S FUND INSURANCE COMPANY, a CALIFORNIA Corporation, DO HLREB i CERTIFY that the foregoing and attached POWER OF ATTORNEY remains in full force and has not been revoked; and furthermore that Article VIII, Sections 30 and 31 of the Bylaws of the Corporation, and the Resolution of the Board of Directors, set With in the Power of Attorney, are now in force.of October 19 84 Signed and sealed at the City of Tampa, Hillsborough County, Dated the 29th day _ (�j E . � eudenr Militant Sccreur)_ X4ia Nbruturr, Made this -30 day of September ly 84 WPtlIWPIt NORTH BIRCH ASSOCTATF,S, LTD., a Florida limited partnership of the County of Indian River , State of Florida grantor`, and INDIAN TRTVER COUNTY, a political subdivision of the State of Florida whose post office address is 1840 25th Street, Vero Beach of the County of Indian River , State of Florida grantee", 19itIW05d4, That said grantor, for and in consideration of the sum of TEN AND ND/100 ------ — — `—_ and other good and valuable considerations to said grantor in hand Dollars, acknowledged, has g Paid by said grantee, the receipt whereof is hereby g granted, bargained and sold to the said grantee, and grantee's heirs and assigns forever, the following described land, situate, lying and being in Indian River County, Florida, to -wit: Being a road right-of-way lying in a portion of Government Lot 4, Section 23, Tia n'3ship 31 South, Range 39 fist, Indian River County, Florida; the boundary of said road right-of-way being more particularly described as follows: From the Southwest corner of said Goverrsrnt Lot 4, run North 000 061 36" Fast, along the West line of Government Lot 4, 502.93 feet to an iron pipe for the point of beginning of the right-of-way to be described herein; thence run South 89 041 43 Fast, along the South line of the North 831.81 feet of said Government Lot 4, 1034.04 feet, more or less, to a concrete monument on the West right-of-way line of State Road A -1-A; thence run North 24a 241 5811 West, along said State Road A -1-A right -of -pray line, 105.88 feet; thence leaving the right-of-way of State Road A -1-A, run southwesterly on a curve to the right, having a radius of 25.00 feet, a central angle of 1150 201 15", and an arc distance of 50.32 feet; thence run North 89' 041 4311 West, 966.98 feet, more or less, to a point on the West line of said Government Lot 4; thence run South 00° 061 36" West, 60.00 feet to the Point of Beginning. Containing 1.413 acres, more or less. See survey attached as Exhibit "A" and said grantor does hereby fully warrant the title to said land, and will defend the same against the lawful claims of all persons whomsoever. * "Grantor" and "grantee" are used for singular or plural, as context requires. �nItgP9t3IjPCPAt', Grantor has hereunto set grantor's hand and seal the day and year first above written. lgned, sealed and delivered i o esence: URIH BFAQTZASSOCIAIIES, Lt' (Seal) BY:PRESIDL'NT, TH BEA f r,`O, r (Seal) General Partner (Seal) (Scat) STATE OF Florida River COUNTY OF I HEREBY CERTIFY that on this day before me, an officer duly qualified to take acknowledgments, personally appeared Frank,C. Weed President of Zarenba North Beach CO., General Partner of North"Bbach Assoc-ates, Ud. to me known to be the person described in and who executed the foregoing instrument arid acknowledged before nie:fhat he executed the same. WITNESS my hand and official seal in the County and State last aforesaid this _5 +t" day of ? j My commission expires: ��. Notary hiblic ,.• KOTF.RT FU;L;C 57,Cc OS FLOr:DA AT: LARGE - Q� E07r :E:L ,S CCT. 14 1?34".1;75 . UL..,E . '^ER197.IT RS This instrument was prepared by: �U _. ...., ,. WII.T.IAM W. CALC,IdF.I.L, ESQ. �S COLLINS, BROWN, arranty Beed CALDWELL & CARTER, CHARTERED P.O. Box3686 VlRO BFACH, FLORIDA 32900 RID ( STATUTORY FC'RM-SECTION 689.02 F.S.) X4ia Nbruturr, Made this -30 day of September ly 84 WPtlIWPIt NORTH BIRCH ASSOCTATF,S, LTD., a Florida limited partnership of the County of Indian River , State of Florida grantor`, and INDIAN TRTVER COUNTY, a political subdivision of the State of Florida whose post office address is 1840 25th Street, Vero Beach of the County of Indian River , State of Florida grantee", 19itIW05d4, That said grantor, for and in consideration of the sum of TEN AND ND/100 ------ — — `—_ and other good and valuable considerations to said grantor in hand Dollars, acknowledged, has g Paid by said grantee, the receipt whereof is hereby g granted, bargained and sold to the said grantee, and grantee's heirs and assigns forever, the following described land, situate, lying and being in Indian River County, Florida, to -wit: Being a road right-of-way lying in a portion of Government Lot 4, Section 23, Tia n'3ship 31 South, Range 39 fist, Indian River County, Florida; the boundary of said road right-of-way being more particularly described as follows: From the Southwest corner of said Goverrsrnt Lot 4, run North 000 061 36" Fast, along the West line of Government Lot 4, 502.93 feet to an iron pipe for the point of beginning of the right-of-way to be described herein; thence run South 89 041 43 Fast, along the South line of the North 831.81 feet of said Government Lot 4, 1034.04 feet, more or less, to a concrete monument on the West right-of-way line of State Road A -1-A; thence run North 24a 241 5811 West, along said State Road A -1-A right -of -pray line, 105.88 feet; thence leaving the right-of-way of State Road A -1-A, run southwesterly on a curve to the right, having a radius of 25.00 feet, a central angle of 1150 201 15", and an arc distance of 50.32 feet; thence run North 89' 041 4311 West, 966.98 feet, more or less, to a point on the West line of said Government Lot 4; thence run South 00° 061 36" West, 60.00 feet to the Point of Beginning. Containing 1.413 acres, more or less. See survey attached as Exhibit "A" and said grantor does hereby fully warrant the title to said land, and will defend the same against the lawful claims of all persons whomsoever. * "Grantor" and "grantee" are used for singular or plural, as context requires. �nItgP9t3IjPCPAt', Grantor has hereunto set grantor's hand and seal the day and year first above written. lgned, sealed and delivered i o esence: URIH BFAQTZASSOCIAIIES, Lt' (Seal) BY:PRESIDL'NT, TH BEA f r,`O, r (Seal) General Partner (Seal) (Scat) STATE OF Florida River COUNTY OF I HEREBY CERTIFY that on this day before me, an officer duly qualified to take acknowledgments, personally appeared Frank,C. Weed President of Zarenba North Beach CO., General Partner of North"Bbach Assoc-ates, Ud. to me known to be the person described in and who executed the foregoing instrument arid acknowledged before nie:fhat he executed the same. WITNESS my hand and official seal in the County and State last aforesaid this _5 +t" day of ? j My commission expires: ��. Notary hiblic ,.• KOTF.RT FU;L;C 57,Cc OS FLOr:DA AT: LARGE - Q� E07r :E:L ,S CCT. 14 1?34".1;75 . UL..,E . '^ER197.IT RS URIH BFAQTZASSOCIAIIES, Lt' (Seal) BY:PRESIDL'NT, TH BEA f r,`O, r (Seal) General Partner (Seal) (Scat) STATE OF Florida River COUNTY OF I HEREBY CERTIFY that on this day before me, an officer duly qualified to take acknowledgments, personally appeared Frank,C. Weed President of Zarenba North Beach CO., General Partner of North"Bbach Assoc-ates, Ud. to me known to be the person described in and who executed the foregoing instrument arid acknowledged before nie:fhat he executed the same. WITNESS my hand and official seal in the County and State last aforesaid this _5 +t" day of ? j My commission expires: ��. Notary hiblic ,.• KOTF.RT FU;L;C 57,Cc OS FLOr:DA AT: LARGE - Q� E07r :E:L ,S CCT. 14 1?34".1;75 . UL..,E . '^ER197.IT RS 40 •0 a■110-20'1e ° I aT• Be00' \ 2a.00' � �e " u L■ 50.32' S. B9 04'43"E.— 96'6.98' �611 at 24.83 6.69004'43"E.— 1009.09 *O e ' 0UUTH LINE OF THE NORTH B3/.®i-FEEr OF 60V r LOT 4. SCALE 1 I"■200' O o ro R w lama `S W mCD I _ o M •\ ° i z N. 89048'44"E . ` 608.81 594.86' m$ SW CORNER OF GOVT 1-07 4� NATR �'�� SEC. 23, T. 3/ S. , R. 3.9 T---' �� ,. i rVand /fOn Pipe 0 ®DENOTES coNC. moN. FOUND DESCRIPTION FOR PROPOSED ROAD RIGHT•OF-WAY Being a road right-of-way lying in a portion of Government Lot 4, Section 23, Township 31 I South, Range 39 East. Indian. River County, Florida; the boundary of said road right -df -way being more particularly described as follows: From the Southwest corner of said Government Lot 4. run North 000 06' 36" East. along the West line of Government Lot 4, 502.93 feet to an iron pipe for the point of beginning of the right-of-way to be described herein; thence run South 890 04' 43" East, along the South line of the North 831.81 feet of said Government Lot 4. 1034.04 feet, more or less, to a concrete monument on the West right-of-way line of State Road A -1-A; thence run North 240 24' 58" West, along said State Road A -1-A right-of-way line, 105.88 feet; thence leav- ing the right-of-way of State Road A -1-A, run southwesterly on a curve to the right. having a radius of 25.00 feet, a central angle of 1150 20' 15", and an arc distance of 50.32 feet; thence run North 890 04' 43" West. '9'60.9& feet, more or less, to a point on the West line of said Government Lot 4; thence run South 000 06' 36" West. 60.00 feet to the Point of Beginning. Containing 1.413 acres, more or less. I 's _T7)M- TRAP " " I •EINDORF AND AiSOCIATEt,ING caNGULTING NNOINlaee PM0,11 61NORTH BEACH ASSOCIATES 70 Coand'c7i✓ PR POSED ROAD RIGHT-OF-WAY 0,,,, ,vsia✓. s may,DIAN RIVER Oct FLA.