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HomeMy WebLinkAbout2024-106 This Instrument Prepared By: Lisa-Marie Raulerson Action No.45590 Bureau of Public Land Administration 3900 Commonwealth Boulevard Mail Station No. 125 Tallahassee,Florida 32399 BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND OF THE STATE OF FLORIDA SOVEREIGNTY SUBMERGED LANDS FEE WAIVED LEASE RENEWAL BOT FILE NO.310025634 THIS LEASE is hereby issued by the Board of Trustees of the Internal Improvement Trust Fund of the State of Florida, hereinafter referred to as the Lessor. WITNESSETH: That for and in consideration of payment of the annual lease fees hereinafter provided and the faithful and timely performance of and compliance with all terms and conditions stated herein,the Lessor does hereby lease to Indian River County, Florida, hereinafter referred to as the Lessee, the sovereignty lands as defined in 18-21.003, Florida Administrative Code,contained within the following legal description: A parcel of sovereignty submerged land in Section 36 Township 31 South,Range 39 East,in Indian River, Indian River County,Florida,containing 1,646 square feet,more or less, as is more particularly described and shown on Attachment A,dated November 21,2000. TO HAVE THE USE OF the hereinabove described premises from October 15,2022,the effective date of this lease renewal,through October 15,2027, the expiration date of this lease renewal. The terms and conditions on and for which this lease is granted are as follows: 1. USE OF PROPERTY: The Lessee is hereby authorized to operate a 3-slip public docking facility with a non-water dependent tool shed located within privately-owned lands to be used exclusively for temporary alongside mooring of recreational vessels for public visitors and for law enforcement and marine patrol vessels in conjunction with an upland public historical and recreational site,without fueling facilities,with a sewage pumpout facility if it meets the regulatory requirements of the State of Florida Department of Environmental Protection or State of Florida Department of Health,whichever agency has jurisdiction, and without liveaboards as defined in paragraph 25,as shown and conditioned in Attachment A. All of the foregoing subject to the remaining conditions of this lease. [02-29] 2. AGREEMENT TO EXTENT OF USE: This lease is given to the Lessee to use or occupy the leased premises only for those activities specified herein. The Lessee shall not(i)change or add to the approved use of the leased premises as defined herein(e.g.,from commercial to multi-family residential,from temporary mooring to rental of wet slips,from rental of wet slips to contractual agreement with third party for docking of cruise ships, from rental of recreational pleasure craft to rental or temporary mooring of charter/tour boats,from loading/offloading commercial to rental of wet slips,etc.);(ii)change activities in any manner that may have an environmental impact that was not considered in the original authorization or regulatory permit; or(iii)change the type of use of the riparian uplands or as permitted by the Lessee's interest in the riparian upland property that is more particularly described in Attachment B without first obtaining a regulatory permit/modified permit, if applicable, the Lessor's written authorization in the form of a modified lease,the payment of additional fees,if applicable,and,if applicable, the removal of any structures which may no longer qualify for authorization under the modified lease. If at any time during the lease term this lease no longer satisfies the requirements of subparagraph 18-21.011(1)(b)7.,Florida Administrative Code,for a fee waived lease, the Lessee shall be required to pay an annual lease fee in accordance with Rule 18-21.011, Florida Administrative Code,and if applicable,remove any structures which may no longer qualify for authorization under this lease. 3. SUBMITTING ANNUAL CERTIFIED FINANCIAL RECORDS: Within 30 days after each anniversary of the effective date of this lease, the Lessee shall submit annual certified financial records of income and expenses to the State of Florida Department of Environmental Protection, Division of State Lands, Bureau of Public Land Administration, 3900 Commonwealth Blvd, MS 130, Tallahassee, FL 32399. "Income" is defined in subsection 18-21.003(32), Florida Administrative Code. The submitted financial records shall be certified by a certified public accountant. 4. EXAMINATION OF LESSEE'S RECORDS: For purposes of this lease,the Lessor is hereby specifically authorized and empowered to examine, for the term of this lease including any extensions thereto plus three (3) additional years, at all reasonable hours, the books, records, contracts, and other documents confirming and pertaining to the computation of annual lease payments as specified in paragraph two(2)above. 5. MAINTENANCE OF LESSEE'S RECORDS: The Lessee shall maintain separate accounting records for: (i)the gross revenue derived directly from the use of the leased premises,(ii)the gross revenue derived indirectly from the use of the leased premises,and(iii)all other gross revenue derived from the Lessee's operations on the riparian upland property. The Lessee shall secure,maintain and keep all records for the entire term of this lease plus three(3)additional years. This period shall be extended for an additional two(2)years upon request for examination of all records and accounts for lease verification purposes by the Lessor. 6. PROPERTY RIGHTS: The Lessee shall make no claim of title or interest to said lands hereinbefore described by reason of the occupancy or use thereof,and all title and interest to said land hereinbefore described is vested in the Lessor. The Lessee is prohibited from including,or making any claim that purports to include,said lands described or the Lessee's leasehold interest in said lands into any form of private ownership,including but not limited to any form of condominium or cooperative ownership. The Lessee is further prohibited from making any claim,including any advertisement,that said land,or the use thereof,may be purchased,sold,or re-sold. 7. INTEREST IN RIPARIAN UPLAND PROPERTY_ During the term of this lease,the Lessee shall maintain satisfactory evidence of sufficient upland interest as required by paragraph 18-21.004(3)(b),Florida Administrative Code,in the riparian upland property that is more particularly described in Attachment B and by reference made a part hereof together with the riparian rights appurtenant thereto. If such interest is terminated or the Lessor determines that such interest did not exist on the effective date of this lease,this lease may be terminated at the option of the Lessor. If the Lessor terminates this lease,the Lessee agrees not to assert a claim or defense against the Lessor arising out of this lease. Prior to sale and/or termination of the Lessee's interest in the riparian upland property,the Lessee shall inform any potential buyer or transferee of the Lessee's interest in the riparian upland property and the existence of this lease and all its terms and conditions and shall complete and execute any documents required by the Lessor to effect an assignment of this lease, if consented to by the Lessor. Failure to do so will not relieve the Lessee from responsibility for full compliance with the terms and conditions of this lease which include,but are not limited to,payment of all fees and/or penalty assessments incurred prior to such act. 8. ASSIGNMENT OF LEASE: This lease shall not be assigned or otherwise transferred without prior written consent of the Lessor or its duly authorized agent. Such assignment or other transfer shall be subject to the terms,conditions and provisions of this lease,current management standards and applicable laws,rules and regulations in effect at that time. Any assignment or other transfer without prior written consent of the Lessor shall be null and void and without legal effect. Page 2 of 13 Pages Sovereignty Submerged Lands Lease No. 310025634 9. LIABILITY/INVESTIGATION OF ALL CLAIMS: The Lessee shall investigate all claims of every nature at its expense. Each party is responsible for all personal injury and property damage attributable to the negligent acts or omissions of that party and the officers, employees and agents thereof. Nothing herein shall be construed as an indemnity or a waiver of sovereign immunity enjoyed by any party hereto,as provided in Section 768.28,Florida Statutes,as amended from time to time, or any other law providing limitations on claims. 10. NOTICES/COMPLIANCE/TERMINATION: The Lessee binds itself, its successors and assigns, to abide by the provisions and conditions herein set forth, and said provisions and conditions shall be deemed covenants of the Lessee, its successors and assigns. In the event the Lessee fails or refuses to comply with the provisions and conditions herein set forth,or in the event the Lessee violates any of the provisions and conditions herein set forth, and the Lessee fails or refuses to comply with any of said provisions or conditions within twenty(20)days of receipt of the Lessor's notice to correct,this lease may be terminated by the Lessor upon thirty(30)days written notice to the Lessee. If canceled,all of the above-described parcel of land shall revert to the Lessor. All notices required to be given to the Lessee by this lease or applicable law or administrative rules shall be sufficient if sent by U.S.Mail to the following address: Indian River County,Florida 1801 27th Street,Building A Vero Beach,Florida 32960-3388 The Lessee shall notify the Lessor by certified mail of any change to this address at least ten(10) days before the change is effective. 11. TAXES AND ASSESSMENTS: The Lessee shall assume all responsibility for liabilities that accrue to the subject property or to the improvements thereon, including any and all drainage or special assessments or taxes of every kind and description which are now or may be hereafter lawfully assessed and levied against the subject property during the effective period of this lease. 12. NUISANCES OR ILLEGAL OPERATIONS: The Lessee shall not permit the leased premises or any part thereof to be used or occupied for any purpose or business other than herein specified unless such proposed use and occupancy are consented to by the Lessor and the lease is modified accordingly,nor shall Lessee knowingly permit or suffer any nuisances or illegal operations of any kind on the leased premises. 13. MAINTENANCE OF FACILITY/RIGHT TO INSPECT: The Lessee shall maintain the leased premises in good condition,keeping the structures and equipment located thereon in a good state of repair in the interests of public health,safety and welfare. No dock or pier shall be constructed in any manner that would cause harm to wildlife. The leased premises shall be subject to inspection by the Lessor or its designated agent at any reasonable time. 14. NON-DISCRIMINATION: The Lessee shall not discriminate against any individual because of that individual's race, color,religion,sex,national origin,age,handicap,or marital status with respect to any activity occurring within the area subject to this lease or upon lands adjacent to and used as an adjunct of the leased area. 15. ENFORCEMENT OF PROVISIONS: No failure, or successive failures, on the part of the Lessor to enforce any provision,nor any waiver or successive waivers on its part of any provision herein,shall operate as a discharge thereof or render the same inoperative or impair the right of the Lessor to enforce the same upon any renewal thereof or in the event of subsequent breach or breaches. 16. PERMISSION GRANTED: Upon expiration or cancellation of this lease all permission granted hereunder shall cease and terminate. Page 3 of 13 Pages Sovereignty Submerged Lands Lease No.310025634 17. RENEWAL PROVISIONS: Renewal of this lease shall be at the sole option of the Lessor. Such renewal shall be subject to the terms,conditions and provisions of management standards and applicable laws,rules and regulations in effect at that time. In the event that the Lessee is in full compliance with the terms of this lease,the Lessor will begin the renewal process. The term of any renewal granted by the Lessor shall commence on the last day of the previous lease term. In the event the Lessor does not grant a renewal,the Lessee shall vacate the leased premises and remove all structures and equipment occupying and erected thereon at its expense. The obligation to remove all structures authorized herein upon termination of this lease shall constitute an affirmative covenant upon the Lessee's interest in the riparian upland property more particularly described in Attachment B which shall run with the title to the Lessee's interest in said riparian upland property and shall be binding upon the Lessee and the Lessee's successors in title or successors in interest. 18. REMOVAL OF STRUCTURES/ADMINISTRATIVE FINES: If the Lessee does not remove said structures and equipment occupying and erected upon the leased premises after expiration or cancellation of this lease, such structures and equipment will be deemed forfeited to the Lessor,and the Lessor may authorize removal and may sell such forfeited structures and equipment after ten(10)days written notice by certified mail addressed to the Lessee at the address specified in Paragraph 12 or at such address on record as provided to the Lessor by the Lessee. However, such remedy shall be in addition to all other remedies available to the Lessor under applicable laws,rules and regulations including the right to compel removal of all structures and the right to impose administrative fines. 19. REMOVAL COSTS/LIEN ON RIPARIAN UPLAND PROPERTY: Subject to the noticing provisions of Paragraph 20 of this lease,any costs incurred by the Lessor in removal of any structures and equipment constructed or maintained on state lands shall be paid by Lessee and any unpaid costs and expenses shall constitute a lien upon the Lessee's interest in the riparian upland property that is more particularly described in Attachment B. This lien on the Lessee's interest in the riparian upland property shall be enforceable in summary proceedings as provided by law. 20. RIPARIAN RIGHTS/FINAL ADJUDICATION: In the event that any part of any structure authorized hereunder is determined by a final adjudication issued by a court of competent jurisdiction to encroach on or interfere with adjacent riparian rights,Lessee agrees to either obtain written consent for the offending structure from the affected riparian owner or to remove the interference or encroachment within 60 days from the date of the adjudication. Failure to comply with this paragraph shall constitute a material breach of this lease agreement and shall be grounds for immediate termination of this lease agreement at the option of the Lessor. 21. AMENDMENTS/MODIFICATIONS: This lease is the entire and only agreement between the parties. Its provisions are not severable. Any amendment or modification to this lease must be in writing,must be accepted,acknowledged and executed by the Lessee and Lessor,and must comply with the rules and statutes in existence at the time of the execution of the modification or amendment. Notwithstanding the provisions of this paragraph,if mooring is authorized by this lease,the Lessee may install boatlifts within the leased premises without formal modification of the lease provided that(a)the Lessee obtains any state or local regulatory permit that may be required;and(b)the location or size of the lift does not increase the mooring capacity of the docking facility. 22. ADVERTISEMENT/SIGNS/NON-WATER DEPENDENT ACTIVITIES/ADDITIONAL ACTIVITIES/MINOR STRUCTURAL REPAIRS: No permanent or temporary signs directed to the boating public advertising the sale of alcoholic beverages shall be erected or placed within the leased premises. No restaurant or dining activities are to occur within the leased premises. The Lessee shall ensure that no permanent, temporary or floating structures, fences,docks,pilings or any structures whose use is not water-dependent shall be erected or conducted over sovereignty submerged lands without prior written consent from the Lessor. No additional structures and/or activities including dredging, relocation/realignment or major repairs or renovations to authorized structures,shall be erected or conducted on or over sovereignty,submerged lands without prior written consent from the Lessor. Unless specifically authorized in writing by the Lessor,such activities or structures shall be considered unauthorized and a violation of Chapter 253,Florida Statutes,and shall subject the Lessee to administrative fines under Chapter 18-14,Florida Administrative Code. This condition does not apply to minor structural repairs required to maintain the authorized structures in a good state of repair in the interests of public health,safety or welfare;provided,however,that such activities shall not exceed the activities authorized by this lease. Page 4 of 13 Pages Sovereignty Submerged Lands Lease No.310025634 23. USACE AUTHORIZATION: Prior to commencement of construction and/or activities authorized herein, the Lessee shall obtain the U.S. Army Corps of Engineers (USACE) permit if it is required by the USACE. Any modifications to the construction and/or activities authorized herein that may be required by the USACE shall require consideration by and the prior written approval of the Lessor prior to the commencement of construction and/or any activities on sovereign,submerged lands. 24. COMPLIANCE WITH FLORIDA LAWS: On or in conjunction with the use of the leased premises,the Lessee shall at all times comply with all Florida Statutes and all administrative rules promulgated thereunder. Any unlawful activity which occurs on the leased premises or in conjunction with the use of the leased premises shall be grounds for the termination of this lease by the Lessor. 25. LIVEABOARDS: The term"liveaboard"is defined as a vessel docked at the facility and inhabited by a person or persons for any five (5) consecutive days or a total of ten (10) days within a thirty (30) day period. If liveaboards are authorized by paragraph one(1) of this lease, in no event shall such"liveaboard" status exceed six(6)months within any twelve(12)month period,nor shall any such vessel constitute a legal or primary residence. 26. GAMBLING VESSELS: During the term of this lease and any renewals, extensions, modifications or assignments thereof,Lessee shall prohibit the operation of or entry onto the leased premises of gambling cruise ships,or vessels that are used principally for the purpose of gambling,when these vessels are engaged in"cruises to nowhere,"where the ships leave and return to the state of Florida without an intervening stop within another state or foreign country or waters within the jurisdiction of another state or foreign country,and any watercraft used to carry passengers to and from such gambling cruise ships. 27. SPECIAL LEASE CONDITION: Mooring at this docking facility is temporary and transient in nature and mooring between the hours of midnight and 5:00 a.m.is prohibited.This docking facility shall be made available to the general public on a first come,first served basis each day when this docking facility opens. [Remainder of page intentionally left blank;Signature page follows] Page 5 of 13 Pages Sovereignty Submerged Lands Lease No.310025634 IN WITNESS WHEREOF,the Lessor and the Lessee have executed this instrument on the day and year first above written. WITNESSES: BOARD OF TRUSTEES OF THE INTERNAL Signature: IMPROVEMENT TRUST FUND OF THE STATE OF FLORIDA Printed Name: (SEAL) Address:3800 Commonwealth Blvd BY: Brad Richardson,Chief,Bureau of Public Land Tallahassee,FL 32399 Administration,Division of State Lands,State of Florida Department of Environmental Protection,as agent for Signature and on behalf of the Board of Trustees of the Internal Improvement Trust Fund of the State of Florida Printed Name: Address:3800 Commonwealth Blvd Tallahassee,FL 32399 "LESSOR" STATE OF FLORIDA COUNTY OF LEON The foregoing instrument was acknowledged before me by means of physical presence this day of 20 ,by Brad Richardson,Chief,Bureau of Public Land Administration,Division of State Lands,State of Florida Department of Environmental Protection,as agent for and on behalf of the Board of Trustees of the Internal Improvement Trust Fund of the State of Florida. He is personally known to me. APPROVED SUBJECT TO PROPER EXECUTION: %gam 4/15/2024 Notary Public,State of Florida DEP Attorney Date Printed,Typed or Stamped Name My Commission Expires: Commission/Serial No. Page 6 of 13 Pages Sovereignty Submerged Lands Lease No. 310025634 i . .•� .. .4is J`\ - .o .-r• WITNESSES: Indian River Coun Florida _ 4!.'rl: • Signature: �h//y 4 1%LCL- �� � 1r'1a BY: _ . •, ._.... �J ignature of Executing Authority .."•=. OU, Printed Name: Kimberly K. Moirano Susan Adams Address: 1801 27th Street, Vero Beach, FL Typed/Printed Name of Executing Authority 32960 Chairman Title of Executing Authority WSignature. att U.Q VS ' Printed Name: 1' \l Lwr CI_ V( QS Address: 1801 27th Street, Vero Beach, FL "LESSEE" 32960 STATE OF FLORIDA COUNTY OF INDIAN RIVER COUNTY The foregoing instrument was acknowledged before me by means of x physical presence or_online notarization this 10th day of May ,20 24,by Susan Adams as Chairman,for and on behalf of Indian River County,Florida. She is personally known to me or who has produced ,as identification. My Commission Expires: W.44-r1 he ,I 1. / %OL[-c:rl,1O Signature of Not r/ublic Notary Public,State of FLORIDA Kimberly K ,Moirano Printed,Typed or Stamped Name 660 74 iv: += MY COMMISSION*NH 388426 1: off° EXPIRES:April 9,2027 APPROVED AS TO FORM Attest: Ryan L. Butler, Clerk of AND 41/L LEG. SUFFICI , CCircuit Court and Comptroller BY �� Ii' By: 1- , WILLIAM K. 2 EB AL Deputy Clerk COUNTY ATTORNEY Page 7 of 13 Pages Sovereignty Submerged Lands Lease No.310025634 1 . . .. . . . ,,,4•1,,••••••••••,,,,,,--..-‘, •••t•-77",.."°!'.'•''''.'--.".—‘•-• •••!!-.•;,••,,7,1L It, ) . ir. ,',,.,` . • _ ••••1 .•,'-,. , 1 i it:'.ii;,•°!•-•s is‘`'.1,1':-:•:?,;,, w.,-..t .: -i t: .4,;,..,1 i .,, •'''''' '''.7;•-ii;.;,•tti:I:rof-';'-‘,-' . . ii `',...*,:t.:1.' ' • -4 A1 1 , ::,i $0 ,,---0,•*,. tistostustaimifainez;•14---",..-7—......,:r..-4-A,.-..,:zi.:4,,4,- • .. -' :- •';i.q:II 7•.;! ',.; ,,,,i.'•„,..•'.-J.,J -,:" AI, , \ ° .... ••,. - .., , . . ..: . . ..... ........ . . . . ,.. . MA..1..th./V 7770 S Jungle Trail, Vero Beach, FL 32963 Parcel ID 31393600000008000004.0/40538 Location: 27.731822106159342, -80.39366840082961 Section 36,Township 31 South, Range 39 East Indian River AP=Indian River—Malabar to Vero Beach A:A < Wabasso Beach 0 Wabasso 510 85th Si 0r) L S Ysf3r,d O 7770 S Jungle Trail, Vero Beach,FL 32963 Hole the Wald Pdtkef is, l!,t,ind A1A Winter Beach Indian River Shores y � N3000 ft 1000 m """'" J207ATomTom Island 7 Attachment A Page 8 of 13 Pages Sovereignty Submerged Lands Lease No. 310025634 cn -� a o a < � v W -- cip .tea LEGAL DESCRIPTION CD AREA OF LEASE r SITUATED IN THE STATE OF FLORIDA, COUNTY OF INDIAN RIVER AND BEING A PART OF THE SOUTH 33 ACRES OF GOVERNMENT CD CD LOTS 8 AND 9 SECTION 36, TOWNSHIP 31 SOUTH, RANGE 39 EAST z AND BEING MORE PARTICULARLY DESCRIBED AND BOUNDED AS ° FOLLOWS: )W COMMENCING AT THE NORTHWEST CORNER OF LOT 1 OF THE CT RIVERSIDE ESTATE SUBDIVISION AS RECORDED IN PLAT BOOK 5 A PAGE 50 OF THE PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA. THENCE N 87°36'41" W A DISTANCE OF 158.27 FEET TO A POINT, SAID POINT BEING THE POINT OF BEGINNING; THENCE N 86°42'29" W A DISTANCE OF 10.00 FEET TO A POINT; THENCE N 3°17'31" E A DISTANCE OF 151.50 FEET TO A POINT; THENCE ,S 86°42'29" E A DISTANCE OF 16.00 FEET TO A POINT; THENCE S 3°17'31" W A DISTANCE OF 21.85 FEET TO A POINT; THENCE N 86°42'29" W A DISTANCE OF 6.00 FEET TO A POINT; THENCE S 3°17'31" W A DISTANCE OF 129.65 FEET TO THE POINT OF BEGINNING. ) SAID PARCEL CONTAINS 1646. 10 SQUARE FEET MORE OR LESS: SHEET 2 OF 2 DANIEL W. TALBOTT v LEGAL DESCRIPTION EXHIBIT "B" PROFESSIONAL SURVEYOR AND MAPPER FOR PIS 2115 14TH AVE. AREA OF LEASE .IONrS LEO1 t , ' • VERO BEACH FLORIDA 32960 LOCATED IN DATE DAWN BMA) BY i . y" 4 (661) 569-8884 FAX (561) 564-2071 INDIAN RIVER LAGOON 8/00 LT _ DWT _ DANIEL w ',L4, 0842 CA > 115 s,j` . '`,.\ Jai.)_ p`Z if 14.- C4 W Y L--4 CO ' w cZ` •;; 1 i . il" ' ''/',' 'Q ,�w• s m �-' LINE TABLE 'le 2 , t-. AREA OF LEASE L-1 N 87.96'41'9 1I 158.27' �� L-2 N 86.42'29" 1I 10.00' 0. 1 , L-9 N 3'17'91. E 151.50' " L-4 S 86'42'49' E 16.00' w NOT TO SCALE ;,,. L-5 S 3'17'91" 8* 21.85' ii L-8 N 86.42'29" 1I 6.00' Z L-7 S 3'17'91' 1I 129.65' 0 /";'' POINT OP BEGINNING POINT OP COMMENCEMENT l o ao N In -I a` L L..) , .P i,, j RIVERSIDE ESTATES S/D iI / PLAT BOOK 5 PAGE 50 IE.. ! 1 3 5 7 9 INDIAN RIVER I i, LAGOON t.:ji j , ' MORNINGSIDE DRIVE THIS SKETCH IS NOT A SURVEY SHEET 1 OF 2 , ; _Received DEI DANIEL W. TALBOTT V SKETCH OF PROPERTY EXHIBIT "A" MAY 1 2O1:11 PROFESSIONAL SURVEYOR AND MAPPER DESCRIPTION FOR PILE 2115 14TH AVENUE AREA OF LEASE JONES LEOA IPA RP VERO BEACH FLORIDA 92960 LOCATED IN THE �� DAWN!ITCHED BY ,31: (�(-03' (561) 569-8884 FAX (561) 564-2071 INDIAN RIVER LAGOON 11/00 LT DWT DANIEL W. TAL80TT V (6648 I I i v 44 rarlrnt Ixsa / a Iasi& w i v . Zi s 1 g% j1 11 327•/ ,b4fi MI=ILAL 1 PPIP 9 iUUI!IL!Ii !IiIIII ! IIIMPILII IN CA DX 11011111 111 _II 4 ,A W N Eig00E1',, PV..��{{ `/ il x (J1 (am Cil mN .,,k,_ C, A Fyr'• 9pOce,! Off, s4, • Attachment A Page 11 of 13 Pages Sovereignty Submerged Lands Lease No. 310025634 Page 1 of 2 1948004 RECORDED IN THE RECORDS OF JEFFREY K BARTON, CLERK CIRCUIT COURT INDIAN RIVER CO FL, BK: 2292 PG: 2170, 09/19/2008 03:52 PM DOC STAMPS D $47250.00 THIS INSTRUMENT PREPARE')BY AND RETURN TO: Assurance Title LIG 4700 NW Boca Raton Blvd n B-201 Bon Raton,Fl 33431 Property Appraisers Parcel Identification(Folio)Number.3I-39-36-60000.O0S600004.0 wad 31-39-36-000000060-00005.0 SPACE ABOVE THIS LINE FOR RECORDING DATA WARRANTY DEED THIS WARRANTY DEED,made the 19th day of September,2008 by Richard M.Jones,and Mary E.Jones, husband and wife,each as to an undivided one-half(%)interest as tenants in common whose address is P. O. Box 94,Wabasso,Florida, 32970 herein called the Grantor,to Indian River County,a political subdivision of the state of Florida,whose post office address is 1840 25` Street, Vero Beach, Florida 32970,hereinafter called the Grantee: (Wherever used herein the terms "Grantor"and "Grantee"include all the parties to this instrument and the heirs, legal representatives and assigns of individuals,and the successors and assigns of corporations) WITNESSETH:That the Grantor,for and in consideration of the sum of TEN AND 00/100'S($10.00) Dollars and other valuable considerations,receipt whereof is hereby acknowledged,hereby grants,bargains,sells, aliens,remises,releases,conveys and confirms unto the Grantee all that certain land situate in INDIAN RIVER County,State of Florida,viz.: The North 16.5 acres of th. South 33 acres of Government Lots S and 9,Section 36,Township 31 South,Range 39 East,all lying and being in Indian River County,Florida.Less right of way for Jungle Trail survey baseline per maintenance map as recorded in Plat Book 9,page 40,Public Records of Indian River County,Florida. Subject to easements, restrictions and reservations of record and taxes for the year 2008 and thereafter. TOGETHER, with all the tenements, hereditaments and appurtenances thereto belonging or in anywise appertaining. TO HAVE AND TO HOLD,the same in fee simple forever. AND,the Grantor hereby covenants with said Grantee that the Grantor is lawfully seized of said land in fee simple; that the Grantor has good right and lawful authority to sell and convey said land,and hereby warrants the title to said land and will defend the same against the lawful claims of all persons whomsoever;and that said land is free of all encumbrances,except taxes accruing subsequent to December 31,2007. IN WITNESS WHEREOF,the said Grantor has signed and sealed these presents the day and year first above written. • Fik No.:INDIANRI http://ori.indian-river.org///Document/GetDocumentForPrintPNG/?request=AQAAANCM... 8/16/201 7 Attachment B Page 12 of 13 Pages Sovereignty Submerged Lands Lease No.310025634 Page 2 of 2 BK: 2292 PG: 2171 Signed, -ed and delivered in the presence of ` Y" t7�.."`''"_- 6ti - .--- ..V.'") ., % • =tet %�^ Witness# ignature f- , Richard M.J nes as to one-half('Va) /\ CR-- V interest Witness#1 Printedame by Jack C.Metz,as Attorney-in-Fact per �] Durable Power of Attorney dated a- 1-1fti 1L)Ce-A.A D 10/03/2007 WW Ifiess#2 Signature "e t t,.---L. -ir,r...c----6„-......,_ Witness#2 Printed Name Mary E.Jones as to one-half('h)interest by Jackie Clayton Metz,as Attorney-in-Fact per Durable Power of Attorney dated 10/15/2007 STATE OF FLORIDA COUNTY OF INDIAN RIVER The foregoing instrument was acknowledged before me this 19th day of September,2008 by Richard M.Jones as to..e-half(A)interest by s Attorney-in-Fact per Durable Power of Attorney dated 10/03/2007 and •:I. 7. ones as to one-half('h)interest by Jackie Clayton Metz,as Attorney-' Fact per Durable Power of orney dated 10/15/2007 who is personally known to me or has produced i "dentification. SEAL Notary Public NOTARY PliB11C-ST'r'OF Fl2a:DA Frances DaSilva Printed Notary '"r14 Commission#DDSS49511 My Commission16�.Expires: 07/04/2010 File No.:INDIANRI http://ori.indian-river.org///Document/GetDocumentForPrintPNG/?request=AQAAANCM... 8/16/2017 Attachment B Page 13 of 13 Pages Sovereignty Submerged Lands Lease No.310025634