HomeMy WebLinkAbout2023-063A TP
UE COPY
'ERTIFICATION ON LAST PAGE
..R. SMITH, CLERK
RELEASE OF EASEMENT FOR DRAINAGE
AND SATISFACTION OF DEVELOPER'S AGREEMENT
This RELEASE OF EASEMENT FOR DRAINAGE AND SATISFACTION
OF DEVELOPER'S AGREEMENT (the "Release") is made as of the 4th day
of April 2023, by INDIAN RIVER COUNTY, a political subdivision of the State
of Florida, ("County") having a mailing address of 1801 27th Street, Vero Beach,
FL 32960; in favor of Grace Baptist Church of Vero Beach, Inc., ("Grace
Baptist") Florida not for profit corporation, having a mailing address of 1285
43rd Avenue, Vero Beach, FL 32960.
WHEREAS, on January 6, 2004, the County and Grace Baptist entered
into a Developer's Agreement concerning stormwater treatment for proposed
improvements to 43rd Avenue. The Developer's Agreement is recorded in OR
Book 1681, Page 897, Public Records of Indian River County; and
WHEREAS, on December 19, 2003, Grace Baptist conveyed to the
County, an Easement for drainage recorded in OR Book 1681, Page 1788,
Public Records of Indian River County; and
WHEREAS, on April 15, 2004, Grace Baptist conveyed to the County a
Drainage Easement Agreement recorded in OR Book 1721, Page 487, Public
Records of Indian River County; and
WHEREAS, on March 5, 2019, the County and Grace Baptist entered into
a First Addendum to Developer's Agreement (not recorded) that stated the
County was no longer in need of the above described Drainage Easements and
that Grace Baptist would return $30,000 to the County that the County had paid
to Grace Baptist for the Drainage Easements; and
WHEREAS, Grace Baptist has repaid the $30,000 in full and the County
wishes to release the Easement for drainage and declare the Developer's
Agreement, the Addendum and the Drainage Easement Agreement satisfied.
NOW THEREFORE, in consideration of mutual covenants and
agreements stated in the Developer's Agreement and First Addendum and for
other sufficient consideration received and acknowledged by each Party, the
County does declare as follows:
The terms of the Developer's Agreement entered into by the County and
Grace Baptist dated January 6, 2004 recorded in OR Book 1681, Page
897, Public Records of Indian River County is hereby satisfied as to all
parties.
A TRUE COPY
u"ERTIFICATION ON LAST PAGE
I R. SMITH, CLERK
2. The terms of the First Addendum to Developer's Agreement entered into
by the County and Grace Baptist dated March 2, 2019 but not recorded in
the Public Records of Indian River County is hereby satisfied as to all
parties
3. The terms of the Drainage Easement Agreement signed by Grace Baptist
dated April 15, 2004, and conveyed to the County recorded in OR Book
1721, Page 487, Public Records of Indian River County is hereby satisfied
as to all parties and the easement encumbering the land described in
Exhibit "A" attached hereto is hereby released and abandoned by the
County.
4. The Easement for drainage conveyed by Grace Baptist to the County
dated December 19, 2003, and recorded in OR Book 1681, Page 1788,
Public Records of Indian River County encumbering the land described in
Exhibit "A" attached hereto is hereby released and abandoned by the
County.
IN WITNESS WHEREOF, the County has caused these presents to be executed in its
name by its Chairman:
ATTEST: JEFFREY R. SMITH,
CLERK OF COURT AND COMPTROLLER
By:
Deputy Clerk
Approved:
Michae . Zito
Interim County Administrator
Approved as to form and legal suffi a cy:
&M//-- &
William K. DeBraal `
Deputy County Attorney
2
INDIAN RIVER COUNTY, FLORI -n�M�ss'•,
BOARD OF COUNTY COMM,IO
Joseph H. Earman, Chairmaf.6%.
BCC approved: April 4, 2023
EXHIBIT
I iA't Ji FLOHlun
INDIAN RIVER COUNTY'
THIS IS TO CERTIFY THAT THIS IS A TRUE AND CORRECT
COPY OF THE ORIGINAL ON FILE IN THIS OFFICE.
- JEFFREY R. SMITH, CLERK
The 'South 315 feet of the following, described parcel of land.
Commencing at the Northeast corner of Tract 8, INDIAN RIVER FARMS
COMPANY'S SUBDINISION.of Section 9, Township 33 South, Range 39
East, according to the Plat thereof, as recorded in Plat Book. 2, at Page
25, of the Public Records of St Lucie County, Florida; run South on the
East line of said Tract 8 a distance of 345 feet to -the Point of Beginning;
thence run West and parallel to the North line of said Tract 8 a distant®
of 538 feet to a pipe; thence run in a Southerly direction a distance of
647.5 feet to a pipe; thence run -East a distance of 545 feet to the. East
line of said Tract 8; thence run North on the East line of said Tract 8 a
distance of 635 feet to the Point of Beginning; LESS AND EXCEPT
THEREFROM the East So feet°thecaof; said lands situate, lying and
being in Indian River County, Florida.,