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HomeMy WebLinkAbout2023-1923120230050542 RECORDED IN THE PUBLIC RECORDS OF RYAN L. BUTLER, CLERK OF COURT Prepared by and return to: INDIAN RIVER COUNTY FL City Attorney BK: 3654 PG: 1108 Page 1 of 9 10/6/2023 1:13 PM P.O. Box 1389 D DOCTAX PD $0.70 Vcro Beach, FL 32961-1389 Property Appraiser's Parcel Identification No: 32392600011023000001.0 WATER & SENN ER EASEMENT DEED (42021 -EG -265) THIS INDENTURE made and entered into this � day of F) cl o 2023, ("Effective Date") by and between INDIAN RIVER COUNTY, FLORIDA, a political subdivision of the State of Florida (the `Grantor"), whose mailing address is 1801 27°i Street, Vero Beach, Florida 32960, and the CITY OF VERO BEACH, a Florida municipal corporation (the "Grantee"), whose mailing address is' P.O. Box 1389, Vero Beach; Florida 32961-1389. (Wherever used herein the terms "Grantor" and "Grantee" include all the parties to this instrument and their respective heirs, legal representatives, successors, and assigns). WITNESSETH: That Grantor is the owner in fee simple of that certain real property located at 390126"' Street (also known as the "Jackie Robinson Training Complex"), lying, situate, and being in Indian River County, Florida, as being more particularly described as: See attached Exhibit "A" (hereinafter the "Property"). That Grantor, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, hereby grants to the Grantee exclusive easements in perpetuity through, on, under and across the Property for water and sewer purposes, which easements shall be as more particularly described in Exhibit "B" and Exhibit "C" (hereinafter "Easements"), attached hereto and incorporated herein by reference, and which Easements shall run with and be a burden upon the Property. Notwithstanding the foregoing, Grantor covenants to limit its improvements, construction, installations, equipment, and plantings (collectively hereinafter "Improvements") on and in the Easements to those existing on the Effective Date hereof. In order to facilitate the orderly development of the Property, avoid damage or disruption to Grantee's utility facilities, and avoid injury or death to persons, Grantor further covenants that it shall not construct, install, or allow the construction or installation of any other or additional improvements or installations of any kind or nature on or in the Easements without prior review and approval by Grantee's water & sewer department. Page 1 of 3 MMepartmentsMater & Sewer\EASEMENTS\202112021.8.9.IRC.42021-EG-265.rev.8.30.23.docx Grantor further grants to the Grantee, as part of these Easements, a general easement for ingress, egress, and regress over and across the driveways, parking, common, and open areas of the Property for the purpose of access to and maintenance, repair, or replacement of any or all of Grantee's equipment, water improvements, or related facilities. Grantee shall cause the restoration of any disturbance to or upon the Property and repair any damage to Grantor's Improvements (which shall only include those Improvements existing on the Effective Date and those subsequently constructed or installed with Grantee's approval pursuant hereto) caused by the acts or omissions of Grantee, its employees, agents, or contractors, which restoration and repair shall be completed without expense to Grantor. Grantee shall not be otherwise responsible for maintenance, restoration, or repair of the Property or Easements or any Improvement or other installation thereon or therein. The undersigned hereby covenants and warrants that Grantor ovtims the said land described herein and the undersigned, as or on behalf of Grantor, has the right to grant these Easements. IN WITNESS WHEREOF, the Grantor has duly authorized and caused this Indenture to be executed in its name as of the day and year first herein written. GRANTOR: BOARD OF COUNTY COMMISSIONERS••" INDIAN RIVER COUNTY, FLORIDA,oJ���� e By: Joseph H tEarm hairman BOCC approved. September 12,_�ry Attest: Ryan L. Butler, Clerk of Court and Comp ler By: De uty Clerk (Official Sea]) Approved as to form gal su iency: M"_ William K. eBraal, County Attorney Approved. By: ohn A. T tkanich, Jr. County Administrator Page 2 of 3 NADepartmentsMater& Sewer\EASEMENTS12021\2021.8.4.IRC.92021-EG-265.rev.8.30.23.docx ACCEPTANCE OF CONVEYANCE The foregoing conveyance is hereby accepted by the City of Vero Beach, Florida, as evidenced by the signature of the undersigned, who is authorized to accept this conveyance. ATTEST: Tammy K. B s ek City Clerk (SC \L:1 GRANTEE: CITY OF VERO BEACH, a Florida municipal corporation By. "Z4—l< �x Monte t. Falls, P.E. City Manager Date: tU ( 2 1 2 3 ADMINISTRATIVE REVIEW (For Internal Use Only—Sec. 2-77 COVB Code) Approved as to form and legal sufficiency for COVB only: John 9. Turner City Attorney Approved as to technical requirements: Matthew T. Mitts, P.E. Director, Public Works Approved as to technical requ' ements: Obert olton, P.E. Director, Water & Sewer Page 3 of 3 N:\Departments\Water & Sewer\EASEMENTS\2021\2021.8.9.IRC.92021-EG-265.rev.8.30.23.docx EXHIBIT "A" LEGAL DESCRIPTION PARCEL 1-C (COMBINED PARCELS 1 AND 2) A PARCEL OF LAND LYING IN SECTION 3, TOWNSHIP 33 SOUTH, RANGE 39 EAST, INDIAN RIVER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SECTION 3, TOWNSHIP 33 SOUTH, RANGE 39 EAST, PROCEED NORTH 89°45'39'' WEST, A DISTANCE OF 1997.62 FEET TO A POINT; THENCE SOUTH 04'15'11" WEST, A DISTANCE OF 30.07 FEET TO A POINT ON THE WESTERLY RIGHT-OF-WAY LINE OF AIRPORT DRIVE (A/K/A 34"" AVENUE, A 90 FOOT RIGHT-OF-WAY) SAID POINT BEING THE POINT OF BEGINNING, THENCE CONTINUE ALONG SAID WESTERLY RIGHT-OF-WAY LINE SOUTH 1003649" WEST, A DISTANCE OF 37.55 FEET TO THE POINT OF CURVATURE OF A TANGENT CURVE, CONCAVE TO THE WEST, HAVING A RADIUS OF 1125.14 FEET AND A CENTRAL ANGLE OF 09030'08"; THENCE SOUTH ALONG SAID CURVE; A DISTANCE OF 186.60 FEET; THENCE SOUTH 20°06'57'' WEST, A DISTANCE OF 82.11 FEET TO THE POINT OF CURVATURE OF A TANGENT CURVE, CONCAVE TO THE EAST, HAVING A RADIUS OF 1825.86 FEET AND A CENTRAL ANGLE OF 19054'25"; THENCE SOUTH ALONG SAID CURVE, A DISTANCE OF 634.38 FEET; THENCE SOUTH 00°12'32" WEST, A DISTANCE OF 55.06 FEET TO A POINT ON THE NORTH RIGHT-OF-WAY LINE OF INDIAN RIVER FARMS DRAINAGE DISTRICT MAIN CANAL (300 FOOT RIGHT-OF-WAY); THENCE ALONG SAID NORTHERLY RIGHT-OF-WAY LINE SOUTH 69°22'53" WEST, A DISTANCE OF 482.50 FEETJHENCE NORTH 15°50'35" WEST, A DISTANCE OF 50.17 FEET TO A POINT 50.00 FEET NORTH OF AFORESAID MAIN CANAL NORTH RIGHT- OF-WAY LINE; THENCE SOUTH 69°22'53" WEST ALONG SAID LINE PARALLEL AND 50.00 FEET NORTH OF SAID MAIN CANAL NORTH RIGHT-OF-WAY LINE, A DISTANCE OF 1001.21 FEET; THENCE NORTH 18°15'26" WEST, A DISTANCE OF 386.46 FEET; THENCE NORTH 63053'04" WEST, A DISTANCE OF 476.06 FEET; THENCE NORTH 89045'39" WEST, A DISTANCE OF 414.56 FEET; THENCE NORTH 00°14'21" EAST, A DISTANCE OF 876.82 FEET TO A POINT 30.00 FEET SOUTHERLY OF THE NORTH LINE OF SECTION 3, TOWNSHIP 33 SOUTH, RANGE 39 EAST; THENCE SOUTH 89°45'39" EAST ALONG A LINE BEING 30.00 FEET SOUTHERLY OF AND PARALLEL WITH SAID SECTION LINE, A DISTANCE OF 2557.93 FEET TO THE POINT OF BEGINNING. CONTAINING 61.75 ACRES MORE OR LESS. NADepartments\\Vater & Sewer\EASEMENTS\2021\2021.8.9.IRC.42021-EG-265. rev. 8.30.23.docx Property Description Water Easement #2021 -EG -265 August 9, 2021 EXHIBIT "B" PROPERTY DESCRIPTION WATER EASEMENT #2021 -EG -265 PARCEL #32-39-26-00011-0230-00001.0 Situated in the State of Florida, County of Indian River, City of Vero Beach and being a part of Section 03, Township 33 South, Range 39 East, and being more particularly bounded and described as follows: A 15' wide water easement lying 7.5 feet on each side of the following described centerline: Commencing at the northwest corner of Section 03, Township 33 South, Range 39 East; Thence South 89°45'39" East along the north line of said Section 3 for a distance of 2450.05 feet the Point of Beginning and centerline of said water easement; Thence from the Point of Beginning, run South 20057'27" West for a distance of 30.30 feet; Thence South 00°28'51" East for a distance of 322.58 feet to Point "A"; Thence South 89°31'09" West for a distance of 59.37 feet; Thence returning to Point "A", run South 00°28'51" East for a distance of 169.95 feet to Point "B"; Thence North 89°44'55" West for a distance of 213.72 feet; Thence North 00°15'05" East for a distance of 7.50 feet; Thence returning to Point "B", run South 00°28'51" East for a distance of 137.85 feet to Point "C", Thence South 89°31'09" West for a distance of 41.94 feet; Thence returning to Point "C", run South 00°28'51" East for a distance of 108.03 feet to Point "D"; feet; Thence continue South 00°28'51" East of Point "D" for a distance of 209.30 feet; Thence returning to Point "D", run South 89°31'09" West for a distance of 12.09 Thence South 29°04'58" West for a distance of 75.95 feet; Thence South 00°40'26" East for a distance of 52.58 feet to Point "E"; Sheet 1 of 3 Thence South 89°19'35" West for a distance of 18.19 feet; Thence returning to Point "E", run South 00°40'26" East for a distance of 4.50 feet; Thence North 89019'35" East for a distance of 22.14 feet; Said easement containing 21,840 square feet or 0.5 acres more or less. Note: The side lines of the above described easement are to be shortened or prolonged to meet at angle points and section line. David Gay, PSM #� •,�-.fir ti Cr 4 Q v 7 p�ofr�. & SAProperty Descriptions\2021\2021-EG-265_Water Esmt_Aug 9 2021.doc Sheet 2 of 3 INDIAN RIVER COUNTY PARCEL / 32-39-34-00001-0140-00001.0 /I -INDIAN RIVER COUNTY j FLIGHT SAFETY OR / PARCEL / 32-39-26-00011-0 210-00001.4 San, SECTION LINE 34-32-39 S89°4539"E 2450.05' NORTH SECTION UNE 03-33-39 �/ INDIAN RIVER COUNTYINDIAN RIVER COUNTY PARCEL / 32-39-26-00011-0310-00001.3 PARCEL / 32-39-26-00011-0310-00001.3 POINT OF COMMENCEMENT 1 POINT OF BEGINNING NW CORNER SECTION 03-33-39 I S20"57'27'W F! 30.30' INDIAN RIVER COUNTY 3901 26TH STREET PARCEL # 32-39-26-00011-0230-00001.0 SUBJECT EASEMENT (15' WATER) S89°31'09'W 59.37' N89"44'55"W N00"15'05"E213.72' 7.50'- S89"31'09" V1i 41.94' S00"28'51"E 322.58' SCALE 1"= 120' 15' POINT "A" S00"28'51 "E 169.95' POINT "B" 1 I S00"28'51 "E 137.85' I POINT "C" THIS SKETCH IS NOT A SURVEY SHEET 3 OF 3 REV. N0. AUTHRZD.BY CITY OF VERO BEACH SKETCH OF PROPERTY DESCRIPTION EXHIBIT "B" CITY PROJECT NO. DRVN.BY DATE DEPARTMENT OF PUBLIC WORKS WATER EASEMENT 2021—EG-265 PORTION OF SECTION 03-3339 DAA OR- BY CHKD BY DESCRIPTION — SURVEY & ENGINEERING DIVISION 07/20211 DG I MTM S00°28'51"E 108.03' S89"31'09"W 12.09' POINT "D" S29°04'58' W ✓y �, 75.95' '................ v S00°40'26"E c O •'•. 52.58'cr I i : POINT "E" S00°28'51"E 0-.0La 209.30' A,P 2: S89"19'35"WI cl F� . 18.19' o'•., •,~�•. S00°40'26"E 4.50' N89"19'35"E Ll__i%�j `� 22.14' ✓� DAVID GAY, PSM #5973 DATE THIS SKETCH IS NOT A SURVEY SHEET 3 OF 3 REV. N0. AUTHRZD.BY CITY OF VERO BEACH SKETCH OF PROPERTY DESCRIPTION EXHIBIT "B" CITY PROJECT NO. DRVN.BY DATE DEPARTMENT OF PUBLIC WORKS WATER EASEMENT 2021—EG-265 PORTION OF SECTION 03-3339 DAA OR- BY CHKD BY DESCRIPTION — SURVEY & ENGINEERING DIVISION 07/20211 DG I MTM Property Description Sewer Easement #2021 -EG -265 August 9, 2021 EXHIBIT "C" PROPERTY DESCRIPTION SEWER EASEMENT #2021 -EG -265 PARCEL #32-39-26-00011-0230-00001.0 Situated in the State of Florida, County of Indian River, City of Vero Beach and being a part of Section 03, Township 33 South, Range 39 East, and being more particularly bounded and described as follows: A 20' wide sewer easement lying 10.0 feet on each side of the following described centerline: Commencing at the northwest corner of Section 03, Township 33 South, Range 39 East; Thence South 89°45'39" East along the north line of said Section 3 for a distance of 2373.98 feet the Point of Beginning and centerline of said sewer easement; Thence from the Point of Beginning, run South 00°13.46" West for a distance of 473.84 feet to Point "A"; Thence North 89°20'27" West for a distance of 266.18 feet; Thence returning to Point "A", run South 00°13'46" West for a distance of 299.73 feet to Point "B"; feet; Thence North 5737'23" East for a distance of 246.72 feet; Thence returning to Point "B", run South 82°54'06" West for a distance of 254.39 Said easement containing 30,375 square feet or 0.70 acres more or less. Note: The side lines of the above described easement are to be shortened or prolonged to meet at angle points and section line. David Gay, PSM ##T3 40 1Z) o. 0�4 _a SAProperty Descriptions�2021�2021-EG-265_Sewer Esmt_Aug 9 2021.doc rjr Sheet 1 of 2 INDIAN RIVER COUNTY PARCEL / 32-39-34-00001-0140-00001.0 SOUTH SECTION LINE 34-32-39 S89°45'39"E 2373.98' NORTH SECTION LINE 03-33-39 - INDIAN RIVER COUNTY PARCEL 132-39-26-00011-0310-00001.3 POINT OF COMMENCEMENT NW CORNER SECTION 03-33-39 SUBJECT EASEMENT (20' SEWER) INDIAN RIVER COUNTY 3901 26TH STREET PARCEL i 32-39-26-00011-0230-00001.0 N89°20'27"W 266.18' A -INDIAN RIVER COUNTY SAFETY DR / PARCEL / 32-39-26-00011-0210-00001.4 7—+ INDIAN RIVER COUNTY / PARCEL / 32-39-26-00011-0310-00001.3 POINT OF BEGINNING SCALE 1"= 120' S00° 13'46"W 473.84' 20' POINT "A" S00°13'46'W 299.73' S82°54'06'W I /= ...... 254.39' i j N57°37'23"E .... ..� o 246.72' POINT"B" .: h0 � T C-3 F� o' •... DAVID GAY, PSM 73 DATE THIS SKETCH IS NOT A SURVEY SHEET 2 OF 2 REV. NO. AUTHRZO.BY CITY OF VERO BEACH SKETCH OF PROPERTY DESCRIPTION EXHIBIT "C" CITY PROJECT NO. DRNN.BY DATE DEPARTMENT OF PUBLIC WORKS SEWER EASEMENT 2021 -EG -265 DATE DRWN BY CHKD BY DESCRIPTION SURVEY & ENGINEERING DIVISION PORTION OF SECTION 03-33-39 07/2021 DG MTM o�vERc�°� Indian River County Florida oKwt' Master File Number: 23-0840 File ID: 23-0840 Version: 1 Department: County Attorney's Office SI IhlPrt' Type: Consent Staff Report Project Number: Cost: Indian River County Administration Complex 1801 27th Street, Building A Vero Beach, Florida, 32960-3388 www.ircgov.com Status: Agenda Ready In Control: Board of County Commissioners File Created: 09/06/2023 Final Action: Title: Water and Sewer Easement to City of Vero Beach for Jackie Robinson Training Complex Internal Notes: Bill's Item Code Sections: Agenda Date: 09/12/2023 Indexes: Jackie Robinson Training Complex; Easement; Agenda Number: 8.G. water; Sewer Sponsors: Enactment Date: Attachments: Staff Report, Water and Sewer Easement Deed Enactment Number: Bid Number: Hearing Date: Entered by: nwesterik@ircgov.com Effective Date: Approval History Version Seq # Action Date Approver Action Due Date 1 1 9/6/2023 Bill DeBraal Approve 9/8/2023 1 2 9/6/2023 Rich Szpyrka Approve 9/8/2023 1 3 9/7/2023 Ruth Bommarito Approve 9/8/2023 1 4 9/7/2023 Kristin Daniels Approve 9/11/2023 1 5 9/7/2023 Tina Cournoyer Approve 9/8/2023 1 6 9/7/2023 John Titkanich Approve 9/11/2023 1 7 9/7/2023 Mike Zito - FYI Notified - FYI 1 8 9/7/2023 Scott Johnson - FYI Notified - FYI 1 9 9/7/2023 Eric Dietrich - FYI Notified - FYI 1 10 9/7/2023 Nadia Westerik - FYI Notified - FYI History of Legislative File Ver- Acting Body: Date: Action: Sent To: Due Date: Return Result: sion: Date: Indian River County Florida Page 1 Printed on 911112023 1