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Home My WebLink About2023-157BA TRUE COPY *:ERTIFICATION ON LAST PAGE RYAN L. BUTLER, CLERK Record and Return to: Jon L. Lober TIGR Acquisitions III, LLC 1 170 Peachtree Street, Suite 1650 Atlanta, GA 30309 Prepared by: Jon L. Lober TIGR Acquisitions III, LLC 1 170 Peachtree Street, Suite 1650 SPACE ABOVE THIS LINE RESERVED FOR RECORDER'S USE FIRST AMENDMENT TO EASEMENT AGREEMENT This First Amendment to Easement Agreement ("Amendment") is made and shall be effective on the _ day of , 2023 ("Effective Date"), by and between Indian River County, Florida, a political subdivision of the State of Florida ("Grantor") and TIGR Acquisitions III, LLC, a Delaware limited liability company ("Grantee"). WHEREAS Grantor and Grantee entered into that certain Easement Agreement ("Agreement"), dated July 21, 2022, recorded July 25, 2022, in Book 3558, Page 1775 of the Official Records of the Clerk of the Circuit Court, Indian River County, Florida; and WHEREAS Grantor and Grantee now agree to amend the Agreement, as more fully described herein: NOW, THEREFORE, in consideration of the mutual covenants hereinafter set forth and other good and valuable consideration, the receipt and sufficiency of which hereby are acknowledged, the parties agree as follows: 1. Exhibit B of the Agreement is hereby amended to allow the Non -Exclusive Utility Easement to travel in, under and across areas on property outside the Parent Property that are owned or controlled by Grantor as further described in attached Exhibit C. 2. All capitalized terms used herein shall have the same meaning as set forth in the Agreement unless otherwise herein defined. 3. Except as expressly provided in this Amendment, the Agreement shall continue in full force and effect according to its terms. [Signature pages and exhibits follow.] Asset File #: TwPA0036305 Page 1 of 4 A TRUE COPY CERTIFICATION ON LAST PAGE RYAN L. BUTLER, CLERK IN WITNESS WHEREOF the parties hereto have executed this Amendment as of the date on page one above. GRANTOR: INDIAN RIVER COUNTY, FLORIDA Z5� M�4%4� J64i A. Titkanich, Jr., County inistrator Grantor Notice Address: Indian River County, Florida 1801 27th Street Vero Beach, Florida 32960 WITNESSES: Printed Name STATE OF b r COUNTY OF1'1d (a.A J& V U ss. L EY i .� WILL3AM ! DEPIJTY COUI : , . --4;;Y Kimberly 1. Moirano Printed Name The foregoing instrument was acknowled ed befo a me, by means of V physical presence or _ online notarization, this day of , 2023 by John A. Titkanich, Jr., the County A mstrator of Indian River Co ty, Florida, a political subdivision of the State of Florida, who is � personally known or _ produced identification in the form of NOTORIAL SEALo"Y `° r•.• �•: CHRISTINA M. COURNOYER MY COMMISSION # HH 432594 EXPIRES: August 13, 2027 NOTARY PUBLIC Printed Name: oLLry ,Dqe-4,' Commission No.: 1414 J} Commission expiration: g� 3 ii! l Asset File #: TwPA0036305 Page 2 of 4 A TRUE COPY CERTIFICATION ON LAST PAGE sYAN L. BUTLER, CLERK IN WITNESS WHEREOF the parties hereto have executed this Agreement as of the date on page one above. GRANTEE: TIGR ACQUISITIONS III, LLC Jesse M. Wellner, Chief Executive Officer Grantee Notice Address: TIGR Acquisitions III, LLC 1170 Peachtree Street, Suite 1650 Atlanta, GA 30309 Attn: Chief Executive Officer With a copy to: TIGR Acquisitions III, LLC 1170 Peachtree Street, Suite 1650 Atlanta, GA 30309 Attn: General Counsel WITNESSES: Printed Name Printed Name STATE OF GEORGIA COUNTY OF FULTON ss. On this day of , 2023, before me, the undersigned notary public, personally appeared Jesse M. Wellner, and proved to me through satisfactory evidence of identification, which was personal knowledge/driver's license/passport/ (circle one), to be the person whose name is signed on the preceding or attached document, and acknowledged to me that he/she signed it voluntarily for its stated purpose as Chief Executive Officer of TIGR Acquisitions III, LLC. (affix notary seal or stamp) Notary Public My Commission Expires: Asset File #: TwPA0036305 Page 3 of4 A TRUE COPY CERTIFICATION ON LAST PAGE RYAN L. BUTLER, CLERK EXHIBIT C UTILITY EASEMENT AREA DESCRIPTION LEGAL DESCRIPTION: UTILITY EASEMENT A STRIP OF LAND FOR A PROPOSED 5 -FOOT -WIDE UTILITY EAS EMEN , TT LYING UPON THE INDIAN RIVER COUNTY EMERGENCY SERVICES DISTRICT'S PARCEL AS DESCRIBED IN OFFICIAL RECORDS BOOK 3431, PAGE 1699HE ORIGINAL 99 -YEAR LEASE FOR St, FRANCIS MANOR, AS DESCRIBED IN OFFICIAL RECORDS BOOK 516, PAGE 305, THE PARCELS DESCRIBED IN EXHIBIT -A-AND PARCEL "B" OF THE LANDS DESCRIBED IN OFFICIAL RECORDS BOOK 2651, PAGE 1029; THE AFORESAID PARCELS ALL LYING IN SECTION 2, TOWNSHIP 33 SOUTH, RANGE 39 EAST AND BEING RECORDED IN THE PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA; THE BOUNDARY OF SAID STRIP LYING 2.5 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE: COMMENCE AS THE SOUTHWEST CORNER OF THE SOUTHEAST ONE-QUARTER OF SAID SECTION 2; THENCE RUN N00'02'39'E. ALONG THE WEST UNE OF THE SOUTHEAST ONE-QUARTER OF SAID SECTION 2, A DISTANCE OF 727.91 FEET TO A POINT LYING 2.5 FEET SOUTH OF THE INTERSECTION OF SAID WEST UNE AND THE WESTERLY EXTENSION OF THE SOUTH LINE OF THE AFORESAID ORIGINAL 99 -YEAR LEASE PARCEL; THENCE DEPARTING SAID WEST LINE, RUN S89'25'35'E A DISTANCE OF 80.00 FEET TO THE CENTERLINE OF SAID 5 -FOOT -WIDE UTILITY EASEMENT, SAID POINT LYING UPON THE EASTERLY RIGHT OF WAY UNE OF NORTH -BOUND 20th AVENUE AND LYING 2.5 FEET SOUTH OF THE SOUTHWEST CORNER OF SAID ORIGINAL 99 -YEAR LEASE PARCEL FOR St. FRANCIS MANOR, FOR A POINT OF BEGINNING; THENCE RUN S89'25'35"E, ALONG A UNE 2.5 FEET SOUTH OF AND PARALLEL WITH THE SAID SOUTH LINE, A DISTANCE OF 357.00 FEET TO A POINT; THENCE RUN NOO'46'41 "E, ALONG A UNE LYING PARALLEL WITH AND 12.5 EAST OF THE EAST SIDE OF AN EXISTING ONE-STORY RESIDENTIAL BUILDING IN St. FRANCIS MANOR, A DISTANCE OF 204.83 FEET; THENCE RUN S89'31'58"E, A DISTANCE OF 65.01 FEET TO A POINT ON THE WEST PROPERTY UNE OF AND LYING 2.5 FEET SOUTH OF THE NORTHWEST CORNER OF THE PARCEL DESCRIBED IN OFFICIAL RECORDS BOOK 3207, PAGE 805, FOR A POINT OF TERMINATION. CONTAINING: 0.07 ACRES (3,134 SQUARE FEET), MORE OR LESS. NOTES 1. THIS SKETCH AND DESCRIPTION IS NOT VAUD WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF THE FLORIDA 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-17.05' & 5J-17.052. FLORIDA ADMINISTRATIVE CODE. 3. THIS SKETCH AND DESCRIPTION WAS PREPARED WITHOVT THE BENEFIT OF A TITLE POLICY. THEREFORE THERE MAY BE EASEMENTS. RESTRICTIONS AND/OR OTHER ENCUMBRANCES NOT SHOWN HEREON. BUT MAY BE FOUND IN THE PUBLIC RECORDS. A. THIS SKETCH OF DESCRIPTION WA5 PREPARED WITH THE BENEFIT OF A BOUNDARY SURVEY FOR BUJ RILEY FIELD (I.R.C. PROJECT No. 1344) PREPARED BY I.R.C. PERSONNEL ON THE DATE OF OCTOBER 1, 2013. THE EAST SIDE OF THE EXrr%C ONE-STORY RESIDENTIAL BUILDING WAS LOCATED BY I.R.C. PERSONNEL ON THE DATE OF JULY 19, 2023. 5. BEARNGS SHOWN: HEREON ARE BASED UPON THE WEST LINE OF TFE SOUTHEAST ONE-OUARTER OF SECTION 2, TDWNSHF' 33 SOUTH. RANGE 39 EAST. AS HAVING A GRID (FLORIDA STATE PLANE COORDINATE SYSTEM. EAST ZONE) HEARING OF NOO'02'39"E. ABBREVIATIONS & SYMBOLS C.ON.8. . CRY OF VERO BEACH ESMT . EASEMENT LLC. LIMITED UABIUTV COMPANY P.D.T. . POINT OF TERMINATION COR CORNER INT - INTERSECTION O.R.B. OFFICIAL RECORD BOOK P.S.M.. PROFESSIONAL SURVEYOR AND MAUI+E^ DESC . DESCRIBED I.R.C. . INDIAN RIVER CQJNTY P.O.B. POINT OF BEGINNING. R/W . RICHT-OF-WAY CERTIFICATION P.O.C. - PONT OF COMMENCEMENT SEC = SECTION -TOWNSHIP -RANGE SURVEYOR AND MAPPER IN RESPONSIBLE CHARGE DAVID M. SILON P.S.M. DATE THIS IS NOT A BOUNDARY SURVEY FLORIDA REGISTRATION No. 6139 INDIAN RIVER ASSISTANT COUNTY SURVEYOR NOT COMPLETE WITHOUT SHEETS 1 & 2, AS CREATED .ARAN RIVER COUNTY ADMMSTRATION BRIO lNDIANR/VER COUN7Y [��5fffflr AN SECTION 1 SKETCH OF DESCRIPTION ismar 1801 27th STREET DJ VERO BEACH. FL 32960 Q"pWl'YIOLYI/Ui�/b!!C Wp/1(:C TOWNSHIP JJS for PROPOSED 0'(772) 567-8300 7naarn !1V%9KM F RANGE J9B. UTILITY EASEMENT' I 2.5' 5 OF THE INT OF I THE W'LY EXTENSION OF THE S LINE OF THOSE LANDS DESC IN O.R.8. 516, PC 305' AND THE W LINE OF I THE SE 1/4, OF SEC 2-33-39 I r 0 30 60 GRAPHIC SCALE ( IN FEET ) St. FRANCIS MANOR ORIGINAL 99 -YEAR LEASE PER O.R..R. 516, PC 305 STATE OF FLORIDA INDIAN RIVER COUNTY THIS IS TO CERTIFY THAT THIS IS A TRUE AND CORRECT COPY OF THE ORIGINAL ON FILE IN THIS OFFICE. RYAN L. &MER, CLERK BY EPUTY C ER 4 .,`DATEFb9 01 --"---"--" 80.00' - - 589'25'3571P.O.B. I P.O.T. -72.5' S OF THE NW i COR OF TW I.R.C. EMERGENCY SERVICES OATAPATH VERTICAL BRIDGE. LLC. S'LY EXTENSION OF THE EAST SIDE OF S�9'31'5'E PARCEL DESC IN I 65.01', O.R.B. 3207,PG 805 O.R.B. 3431. PG 1699 -- W CENTERLttVE OFA 5.0' WIDE PROPOSED 2. I ry --- EXISTING 1 -STORY PROPERTY COR OF St. FRANCIS MANOR I I I RESIDENTIAL BUILDING� ooI W o� W TUI ; I LANDS DESC AS im f EXHIBIT 'APER O.R.B. a 2651, PC 1029 a t2. I m m I O I e I I N � n I m 0 --1--------------- pa�- IIOI jlz I 2.5'-4 1 zs'I_ 5.0' PROPOSED ' UTILITY 6Mr I ;, --"---"--" 80.00' - - 589'25'3571P.O.B. S89'25'35`E 357.00' ---A CENTERLINE OFA 5.0' MADE PROPOSED in UTILITY ESMT LYING 12.5' EAST OF THE I.R.C. EMERGENCY SERVICES S'LY EXTENSION OF THE EAST SIDE OF DISTRICT PER I AN EXISTING 1 -STORY RESIDENTIAL O.R.B. 3431. PG 1699 BUILDING AT St. FRANCIS MANOR CENTERLttVE OFA 5.0' WIDE PROPOSED U`nLrrY ESMT LYING 2.5' S OF THE SW PROPERTY COR OF St. FRANCIS MANOR I I I 1V P.O.C. THIS IS NOT A BOUNDARY SURVEY SW 11 SEG SE 39/4' C-3NOT COMPLETE WITHOUT SHEETS 1 & 2, AS CREATED NOIAN RIVER COUNTY ADMINISTRATION BJILDIN DRnwN eY: 17. /NV/ANR/V/i GY�UN7'Y SECTIOIti Z SKETCH OF DESCRIPTION sol27th "REEr VERO BEACH. FL 32960 �nf p��b�K No's APPROVED BY: TOWNSHIP 335. for PROPOSED (772) 567-8000 Efieimv1hw VipAkv n Q-AWTNno AAMrP* 70G' 1ITII ITV FA CFM RUT 1