HomeMy WebLinkAbout2024-139 3120240033277
RECORDED IN THE PUBLIC RECORDS OF
RYAN L. BUTLER, CLERK OF COURT
INDIAN RIVER COUNTY FL
BK: 3709 PG: 2287 Page 1 of 7 7/10/2024 2:10 PM
D DOCTAX PD$0.70
DRAINAGE EASEMENT AGREEMENT FOR 11TH DRIVE
THIS GRANT OF EASEMENT,made and executed this fit day of April, 2024, by
TTRES FL Vero Beach 11th,LLC, a Delaware limited liability company, whose post office
address is 111 Monument Circle, Suite 1500, Indianapolis, IN 46204, hereinafter called
GRANTOR,to INDIAN RIVER COUNTY, a political subdivision of the State of Florida,
having a mailing address of 1801 27th Street, Vero Beach, Florida 32960,hereinafter called
GRANTEE.
WITNESSETH :
That GRANTOR for and in consideration of the sum of TEN DOLLARS ($10.00) and
other valuable consideration, receipt of which is hereby acknowledged by these presents does
grant, bargain, sell, alien, remise, release, convey, and confirm unto the GRANTEE, an easement
for construction and maintenance of drainage and stormwater facilities to provide stormwater
treatment for 11th Drive over, across and beneath the following described land, situate in Indian
River County, Florida,to-wit:
See Exhibit"A" attached hereto, entitled "Legal Description & Sketch for a Drainage
Easement at the Proposed Verity Site" Section 25,Township 32 South,Range 39 East,
Indian River County,Florida, dated February 12,2024 and revised per comments 3/16/24
And GRANTOR hereby covenants with said GRANTEE that the GRANTOR is
lawfully seized of said servient land in fee simple, and that the GRANTOR has good right and
lawful authority to convey the easement established hereby and will defend the same against the
lawful claims of all persons whomsoever.
And GRANTOR reserves for itself, its successors and assigns, all right of passage and
use over, upon, and across all easements described herein, including the right to engage and
permit others to engage in all uses of the property not inconsistent with the purposes of the
easements described herein.
And GRANTEE and its successors and assigns will be responsible for the operation and
maintenance of the drainage pipe within the 11th Drive right of way that flows into the detention
basin that is depicted as the "Subject Easement" area(1.4313 acres) on Exhibit"A" (Sheet 3 of
4) attached hereto.
And GRANTOR and its successors and assigns will be responsible for the operation and
maintenance of the drainage and stormwater facilities within the Subject Easement area through
the outfall to the fifteen(15) foot wide drainage easement shown on Exhibit"A" (Sheet 2 of 4)
attached hereto.
1
IN WITNESS WHEREOF, TTRES FL Vero Beach 11th, LLC has executed this
Drainage Easement Agreement as of the date first written above.
TTRES FL Vero Beach 11th,LLC,
a Delaware limited abili► company
By: /
Ad
Brian S. worth,as Authorized Representative
Signed, sealed, and delivered in our presence:
Two witnesses
Witness signature: 4161, ii
Printed witness name: A d. I
Witness address: Ljt,jri,e IJi /o IV 1/404 by
Witness signature:
Printed witness name: N o Cl c�'ly
Witness address: o`13 3 Eg be i (2.r) west-het O, IN U O 9
STATE OF INDIANA
A/442/04( County
On this /2i day of April, 2024, before me, the undersigned notary public, personally appeared
Brian Southworth, as Authorized Representative of TIRES FL Vero Beach 1 lth, LLC, personally
known to me to be the person whose name is signed on the preceding or attached document, and
acknowledged to me that he signed it voluntarily for its stated purpose as Authorized
Representative for and as the free act and deed of TIRES FL Vero Beach 11th, LLC.
Fttek
Notary Public
?c,4,2140,19v% s My Commission Expires:/Q
4. NOTARY 11.*:
`n PUBLIC : (Official Signature and Seal of Notary)
SEAL
;E. FP
2
IN WITNESS WHEREOF, Indian River County has executed this Drainage
Easement Agreement as of the date first written above.
BOARD OF COUNTY COMMISSIONERS
pv SYCO " 6,
IND : ► ' VER_ CO �• • '�;DA .•`�- •� nr ,ss�
•
BY: 1I . . -� ,
usanPdams, Chairman )4.1
,
BCC Approved: July 2, 2024 .9✓ ' •
' ' •
Attest: Ryan L. Butler, Clerk of Court and
Comptroller
•
By: ..1)1AA- 01)12.60•0 • bei)
Deputy Clerk
Approved as to form and legal sufficiency
William K. DeBraa
County Attorney
Approved:
By
46 4110
John A. Ti 'ch.Jr.
County Administrator
3
Exhibit "A " - Legal Description & Sketch
for a Drainage Easement at the Proposed Verity Site
Section 25, Township 32 South, Range 39 East
Indian River County, Florida
LEGAL DESCRIPTION Sheet 1 of 4,Not Vatic!Without All Sheets
A PARCEL OF LAND LOCATED WITHIN THE SOUTHWEST ONE-QUARTER OF THE SOUTHWEST ONE-QUARTER OF SECTION 25,
TOWNSHIP 32 SOUTH, RANGE 39 EAST, INDIAN RIVER COUNTY, FLORIDA AND BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
COMMENCING AT THE NORTHWEST CORNER OF THE SAID SOUTHWEST ONE-QUARTER OF THE SOUTHWEST ONE-QUARTER
OF SAID SECTION 25; THENCE NORTH 89'58'30" EAST ALONG THE NORTH LINE OF THE SAID SOUTHWEST ONE-QUARTER
OF THE SOUTHWEST ONE-QUARTER OF SAID SECTION 25, A DISTANCE OF 162.53 FEET TO A POINT; THENCE SOUTH
00'03'45" EAST A DISTANCE OF 15.00 FEET TO AN INTERSECTION WITH THE SOUTH LINE OF THE DRAINAGE EASEMENT
RECORDED IN OFFICIAL RECORDS BOOK 3393, PAGE 2243, OF THE PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA
AND THE POINT OF BEGINNING OF THE HEREON DESCRIBED EASEMENT; THENCE CONTINUE SOUTH 00'03'45" EAST, A
DISTANCE OF 75.63 FEET; THENCE SOUTH 37'48'42" WEST A DISTANCE OF 88.93 FEET; THENCE SOUTH 00'35'52"
EAST A DISTANCE OF 49.08 FEET; THENCE NORTH 89'51'25" WEST A DISTANCE OF 24.14 FEET TO A POINT OF
CURVATURE ON A CIRCULAR CURVE; THENCE SOUTHWESTERLY ALONG SAID CURVE, HAVING A RADIUS OF 30.00 FEET,
THROUGH A CENTRAL ANGLE OF 90'00'00" FOR AN ARC DISTANCE OF 47.12 FEET TO A POINT OF TANGENCY; THENCE
SOUTH 00'08'35" WEST A DISTANCE OF 196.50 FEET; THENCE NORTH 56'36'16" WEST A DISTANCE OF 29.90 FEET TO
AN INTERSECTION WITH THE EAST RIGHT OF WAY LINE OF 11TH DRIVE AS DESCRIBED IN OFFICIAL RECORD BOOK 3256,
PAGE 1825 OF THE PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA; THENCE SOUTH 00'08'35" WEST ALONG SAID
EAST RIGHT OF WAY LINE A DISTANCE OF 11.96 FEET; THENCE SOUTH 56'36'16" EAST A DISTANCE OF 29.90 FEET;
THENCE SOUTH 00'08'35" WEST A DISTANCE OF 94.92 FEET TO A POINT OF CURVATURE ON A CIRCULAR CURVE; THENCE
SOUTHEASTERLY ALONG SAID CURVE, HAVING A RADIUS OF 30.00 FEET, THROUGH A CENTRAL ANGLE OF 9022'06", FOR
AN ARC DISTANCE OF 47.32 FEET TO A POINT OF TANGENCY; THENCE NORTH 89'46'29" EAST A DISTANCE OF 78.91
FEET TO A POINT OF CURVATURE ON A CIRCULAR CURVE; THENCE NORTHEASTERLY ALONG SAID CURVE, HAVING A
RADIUS OF 65.00 FEET, THROUGH A CENTRAL ANGLE OF 90'00'00", FOR AN ARC DISTANCE OF 102.10 FEET TO A POINT
OF TANGENCY; THENCE NORTH 0013'31" WEST A DISTANCE OF 87.73 FEET; THENCE SOUTH 89'58'30" WEST A
DISTANCE OF 4.00 FEET; THENCE NORTH 0013'31" WEST A DISTANCE OF 5.00 FEET; THENCE NORTH 89'58'30" EAST A
DISTANCE OF 4.00 FEET; THENCE NORTH 0013'31" WEST A DISTANCE OF 104.90 FEET; THENCE SOUTH 89'58'30" WEST
A DISTANCE OF 4.00 FEET; THENCE NORTH 0013'31" WEST A DISTANCE OF 5.00 FEET; THENCE NORTH 89'58'30" EAST
A DISTANCE OF 4.00 FEET; THENCE NORTH 0013'31" WEST A DISTANCE OF 10.38 FEET TO A POINT OF CURVATURE ON
A CIRCULAR CURVE; THENCE NORTHWESTERLY ALONG SAID CURVE, HAVING A RADIUS OF 85.00 FEET, THROUGH A
CENTRAL ANGLE OF 89'37'54" FOR AN ARC DISTANCE OF 132.97 FEET TO A POINT OF TANGENCY; THENCE NORTH
89'51'25" WEST A DISTANCE OF 23.17 FEET; THENCE NORTH 00'35'52" WEST A DISTANCE OF 45.72 FEET; THENCE
NORTH 37'48'42" EAST A DISTANCE OF 88.88 FEET; THENCE NORTH 00'03'45" WEST A DISTANCE OF 79.05 FEET TO AN
INTERSECTION WITH THE SAID SOUTH LINE OF THE DRAINAGE EASEMENT; THENCE SOUTH 89'58'30" WEST ALONG SAID
SOUTH LINE A DISTANCE OF 10.00 FEET TO THE POINT OF BEGINNING.
CONTAINING 62,347.95 SQUARE FEET OR 1.4313 ACRES, MORE OR LESS. LEND
CH CHORD
SURVEYORS NOTES CHB CHORD BEARING
DELTA
1) BY SIGNING AND SEALING THIS DESCRIPTION I HEREBY CERTIFY THAT THE L LENGTH
DESCRIPTION OF THE PROPERTY DESCRIBED HEREON WAS COMPLETED UNDER NTP NON-TANGENT POINT
MY DIRECTION AND THAT SAID DESCRIPTION IS TRUE AND CORRECT TO THE O.R.B. OFFICIAL RECORDS BOOK
BEST OF MY KNOWLEDGE AND BELIEF. I FURTHER CERTIFY THE THE P.B. PLAT BOOK
DESCRIPTION AND SKETCH WAS MADE UNDER MY RESPONSIBLE CHARGE AND PG. PAGE
MEETS THE APPLICABLE STANDARDS OF PRACTICE REQUIREMENTS FOR A P.I.D. PARCEL IDENTIFICATION
DESCRIPTION AND SKETCH AS SET FORTH BY THE FLORIDA BOARD OF P.O.B. POINT OF BEGINNING
PROFESSIONAL SURVEYORS AND MAPPERS IN CHAPTER 5J-17 OF THE FLORIDA P.O.C. POINT OF COMMENCEMENT
ADMINISTRATIVE CODE PURSUANT TO SECTION 472.027 OF THE FLORIDA P.C. POINT OF CURVATURE
STATUTES. NO SEARCH OF THE PUBLIC RECORDS WAS MADE BY THIS FIRM. P.T. POINT OF TANGENCY
R RADIUS
2) THE BEARING BASIS FOR THE DESCRIPTION CONTAINED HEREIN IS THE EAST RAW RIGHT OF WAY
LINE OF SECTION 26-32S-39E WHICH BEARS NOO'O8'35"E. 00-01S-02E SECTION-TOWNSHIP-RANGE
3) THIS SKETCH EXISTS SOLELY FOR THE PURPOSE OF ILLUSTRATING THE F.D.O.T. FLORIDA DEPARTMENT
LEGAL DESCRIPTION TO WHICH IT IS ATTACHED. OF TRANSPORTATION
REVISED PER COMMENTS 3/16/24
LEGAL DESCRIPTION & SKETCH Drawn by: Checked by File
f 1 rime a�% Scale Drawing Name
"This is NOT a Boundary Survey
" I DMT I DMT ' `r 9?f 2�Y N/A 7674-DE-Verity.dwg
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Masteller, Moler & Taylor, Itie. No. LS5243
1111. PROFESSIONAL SURVEYORS AND MAPPERS * a = '
MMT
LAND SURVEYING BUSINESS #4644 / W
111 Pir 1655 27th Street, Suite 2 Vero Beach, Florida 32960 s
Phone: (772) 564-8050 Fax: (772) 794-0647 ',DAVID TAYLOR P.S.M'w (SEAL)
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Exhibit "A " - Legal Description & Sketch
for a Drainage Easement at the Proposed Verity Site
Section 25, Township 32 South, Range 39 East
Indian River County, Florida
..�� % Sheet 2 of 4,Not Valid Without All Sheets
30.00'130.00'
30' R/W
0 60 120 O.R.B. 3275, PG. 770
Feet •
NW 1/4 OF SW 1/4
SECTION 25-32S-39E
NE 1/4 OF SE 1/4 w
SECTION 26-32S-39E in m I POINT OF COMMENCEMENT
I ole NW CORNER OF THE SW 1/4
or OF THE SW I/4 OF
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SECTION 25-32S-39E
co
SOUTH LINE OF THE NE 1/4 OF NORTH LINE OF THE SW 1/4 OF
THE SE 1/4 SECTION 26-32S-39E THE SW 1/4 SECTION 25-32S-39E
N89 58'30"E 162.53' L1� L25
SOUTH LINE OF
az DRAINAGE EASEMENT / cn
10 POINT OF J j N �
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so' R/W ,t BEGINNING / w Z
/ (AI.O.R.B. 3256, PG. 1825 / w rrri
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o SUBJECT \� `"
COSTA POINTE PHASE 2co Lo EASEMENT ��'�
(PROPOSED) z `� 1.4313 ACRES
I o 0 THE VERITY
0.0 ix (PROPOSED)
SE 1/4 OF SE 1/4 � 0 N / SW 1/4 OF SW 1/4
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SECTION 26-32S-39E I I w -J / NSECTION 25-32S-39E
WIW P.C. /
JJ I L5 L21
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Match Line S e e Sheet 3
REVISED PER COMMENTS 3/16/24
LEGAL DESCRIPTION & SKETCH !Drawn by:IChecked byl File name I Date ' Scale I Drawing Name
"This is NOT a Boundary Survey" DMT DMT `,E2.T'lt,' 02/12/24 1"=60' 7674-DE-Verity.dwg
No. L,5243
Masteller, Moler & Taylor, Inc. °�, ; ,r(p-,, 40,
im PROFESSIONAL SURVEYORS AND MAPPERS * 11) I' "' 0524(
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MT LAND SURVEYING BUSINESS #4644 � � /t n"rzo, :`•
Ni 01 1655 27th Street, Suite 2 Vero Beach, Florida 32960 f�ffo IANOSJ•••
.? Phone: (772) 564-8050 Fax: (772) 794-0647 DAVID TAYLOR P.S.M. 5243 (SEAL)
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Exhibit "A " - Legal Description & Sketch
for a Drainage Easement at the Proposed Verity Site
Section 25, Township 32 South, Range 39 East
Indian River County, Florida
,/
��� Sheet 3 of 4,Not ValidWithoo
ut All Sheets
Match% ri
Line See Sheet 2
0 60 120
IIM _ — Feet
PC
I 1 944
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COSTA POINTE PHASE 2 Z m
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O.R.B. 3256, PG. 1825 z J f •-....
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I I NORTH LINE OF THE SOUTH 715' OF THE SW 1/4
OF THE SW 1/4 OF SECTION 25-32S-39E
REVISED PER COMMENTS 3/16/24
LEGAL. DESCRIPTION & SKETCH 'Drawn by:'Checked by' File name .1 &la
.. te,, Scale I Drawing Name
"This is NOT a Boundary Survey" DMT DMT `7674 0.g'121,24' 1"=60' 7674-DE-Verity.dwg
viii Masteller, Moler & Taylor, Inc. c` �• `*�_ °o�` ,"<< <a9,.
PROFESSIONAL SURVEYORS AND MAPPERS No. LS5243� ' %
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MMT LAND SURVEYING BUSINESS #4644 = :0
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`J'. - iJ • �'�/••'rL GRID r`Q�•
1655 27th Street, Suite 2 Vero Beach, Florida 32960 ,,,',Foody.,,,%,„`
Phone: (772) 564-8050 Fax: (772) 794-0647 '"--- DAVID TAYLOR P.S.M. 5243 (SEAL)
Exhibit "A " - Legal Description & Sketch
for a Drainage Easement at the Proposed Verity Site
Section 25, Township 32 South, Range 39 East
Indian River County, Florida
Sheet 4 of 4,Not Valid Without All Sheets
Curve Table
Curve # Length Radius Delta Chord Bearing Chord
Cl 47.12' 30.00' 090'00'00" S45 08'35"W 42.43'
C2 47.32' 30.00' 09022'06" S450228"E 42.56'
C3 102.10' 65.00' 09000'00" N44 46'29"E 91.92'
C4 132.97' 85.00' 089'37'54" N4502'28"W 119.82'
Line Table Line Table
Line # Length Direction Line # Length Direction
L1 15.00' SOD' 03' 45"E L14 5.00' N00' 13' 31"W
L2 75.63' S00' 03' 45"E L15 4.00' N89' 58' 30"E
L3 88.93' S37' 48' 42"W L16 104.90' N00' 13' 31"W
L4 49.08' S00' 35' 52"E L17 4.00' S89' 58' 30"W
L5 24.14' N89' 51' 25"W L18 5.00' N00' 13' 31"W
L6 196.50' S00' 08' 35"W L19 4.00' N89' 58' 30"E
L7 29.90' N56' 36' 16"W L20 10.38' N00' 13' 31"W
L8 11.96' S00' 08' 35"W L21 23.17' N89' 51' 25"W
L9 29.90' S56' 36' 16"E L22 45.72' N00' 35' 52"W
L10 94.92' S00' 08' 351W L23 88.88' N37' 48' 42"E
L11 78.91' N89' 46' 29"E L24 79.05' N00' 03' 45"W
L12 87.73' N00' 13' 31"W L25 10.00' S89' 58' 30"W
L13 4.00' S89' 58' 30"W
.`' 1 f y4,;///,,
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•..k i':REVISEt PER COMMENTS 3/16/24
LEGAL DESCRIPTION & SKETCH !Drawn by:IChecked by I bate I Scale I Drawing Name
"This is NOT a Boundary Survey" I DMT DMT 7674 02/12/24 N/A 7674-DE-Verity.dwg
Masteller, Moler & Taylor, Inc. s sTA.E pF ,,..o�y ;m.74%
'• PROFESSIONAL SURVEYORS AND MAPPERS 0 auu "
Ns. ' _
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�� LAND SURVEYING BUSINESS #4644 / i�yT / " s:. STATED !A
1655 27th Street, Suite 2 Vero Beach, Florida 32960 ;41fFnNo J'
Phone: (772) 564-8050 Fax: (772) 794-0647 DAVID TAYL.' '. .M. 5243 (SEAL)
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