HomeMy WebLinkAbout2025-011Prepared by and return to:
Office of Indian River County Attorney
180127" Street, Vero Beach, FL 32960
772-226-1424
TEMPORARY GRANT TO ENTER ONTO PROPERTY
This TEMPORARY GRANT TO ENTER ONTO PROPERTY, made and executed this %y day of
January, 2025, by Katherine Burns., whose mailing address is 13620 N Indian River Drive, Sebastian, FL, 32958,
their heirs, successors and assigns, hereinafter called GRANTOR to Indian River County, a political subdivision
of the State of Florida, their assigns and successors whose address is 1801 27`h Street, Vero Beach, Florida 32960-
3388, hereinafter called GRANTEE
WITNESSETH:
WHEREAS, the GRANTOR owns a parcel of property located at 13620 North Indian River Drive,
Sebastian FL, 32968; and
WHEREAS, the GRANTEE is in the process of replacing and moving the drainage culverts and
remediating damage caused by encroachment of the storm water easement; and
WHEREAS, part of the improvements will require access to GRANTOR's property; and
WHEREAS, in order to complete said improvements the GRANTEE and/or its contractors require
authorization from the GRANTOR to enter onto their private property.
WHEREAS, the GRANTEE will be moving the existing culvert to another area of the drainage easement.
NOW THEREFORE, for and in consideration of the sum of ONE DOLLAR and other consideration,
receipt of which is hereby acknowledged, the GRANTOR does hereby grant unto the GRANTEE:
1. A TEMPORARY GRANT TO ENTER ONTO PROPERTY on, over and across the land described on the
sketch and legal description attached hereto as Exhibit `A' and incorporated herein by reference, for the
purpose of replacing the culverts and reconstruct the canal embankments.
2. This temporary grant shall exist only until the replacement of the culvert and associated work are finalized.
3. This agreement in no way shape or form constitutes a waiver of the Grantee's right to sovereign immunity.
4. Grantor agrees to hold the Grantee harmless and will indemnify the Grantee from any and all legal actions
that may arise from use of this Temporary Grant of Entry.
5. Grantor further agrees to release the Grantee from all liability for any damages not caused by contractor
error related to the repair and replacement of the culvert.
6. Repair or replacement of existing irrigation piping, pool piping, pumping equipment, pump electrical
lines, A/C unit and associated refrigerant and power lines and associated equipment pads, trees,
landscaping, fencing or any other items not directly associated with the culvert replacement are the
responsibility of the Grantor.
7. The existing culvert will be removed and back filled by the Grantee. Voids will be filled with flowable
fill by the Grantee after structural repair and stabilization of the building foundation is performed by
others.
8. Repair of the undermined sections of the detached garage foundation and any other related items that may
be required to perform the repair including structural engineering evaluation and design, foundation
stabilization and grouting are the responsibility of the Grantor.
9. The new culvert will be installed within the existing easement at a specified distance from the structures
mentioned above and the property line to discharge through the existing seawall penetration.
IN WITNESS WHEREOF the Property Owners have signed this document on the above date.
Signed, sealed, and delivered
in the presence of.
Witness Signature:
print name: 9 ft L� «.✓ A--,
address: i--4L�/'9 Xi3 tA�
Witness Signature:
print name:
address: 2 z C 7
Vevcl Oee cl.. Ft 32- f4
STATE OF FLORIDA
COUNTY OF INDIAN RIVER
Owner Signature: W64?oolo��
print name: KaoKrije Bur s
Title: Owner
address: 13620 N Indian River DR.
Sebastian, FL 32958
APPROVED AS TO FORM
ANOLSUFFICIENCY
BY
ER A. HICKS
ASSTNTY ATTORNEY
The foregoing instrument was acknowledged before me, by m&av(s of Kphysical presence or ❑ online
notarization, this day of January, 2025 by Katherine Burns, Owner, who is ❑ personally known or,( produced
identification in the form of �7 1,7r '. olc, -t r, J 2.I Li c,e n s -P—
NOTARIAL SEAL:
BRENDAS.MOSLEY
Commission # HH 145161
=.:
:. Expires June 21, 2025
Bondod TMu Troy Fain Imutance 80 u .7019
NOTARY PUBLIC
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printed name:
Commission No.:'�)- L- ne
Commission expiration: 0 N S '
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Sketch and Legal Description for:INDIAN RIVER COUNTY
Legal Description
Parcel "A"
BEING A PARCEL OF LAND, SAID PARCEL LYING AND BEING IN SECTION 25, TOWNSHIP 30 SOUTH, RANGE 38 EAST, INDIAN RIVER COUNTY,
FLORIDA, SAID PARCEL ALSO BEING A PORTION OF THOSE LANDS AS DESCRIBED IN OFFICIAL RECORD BOOK 3039, PAGE 219, OF THE
PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA. SAID PARCEL BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHWESTERLY CORNER OF SAID LANDS (SAID CORNER ALSO BEING THE NORTHWESTERLY CORNER OF THOSE
LANDS AS DESCRIBED IN OFFICIAL RECORD BOOK 1504, PAGE 2976, OF SAID PUBLIC RECORDS) SAID CORNER ALSO LYING ON THE
EASTERLY RIGHT OF WAY LINE INDIAN RIVER DRIVE (BEING A 66 FOOT WIDE RIGHT OF WAY) AS SHOWN ON THE INDIAN RIVER COUNTY
BOARD OF COUNTY COMMISSIONERS RIGHT OF WAY MAP, INDIAN RIVER DRIVE PHASE II, AS RECORDED IN PLAT BOOK 24, PAGE 15, OF
SAID PUBLIC RECORDS; THENCE NORTH 32°51'13" WEST, ALONG SAID EASTERLY RIGHT OF WAY LINE, A DISTANCE OF 20.01 FEET TO THE
POINT OF BEGINNING OF THE FOLLOWING DESCRIBED PARCEL; THENCE CONTINUE NORTH 32°51'13" WEST, ALONG SAID EASTERLY RIGHT
OF WAY LINE, A DISTANCE OF 8.01 FEET TO A POINT; THENCE DEPARTING SAID EASTERLY RIGHT OF WAY LINE, NORTH 59°21'09" EAST
(ALONG A LINE THAT IS 28.0 FEET NORTHERLY OF AND PARALLEL WITH, AS MEASURED AT RIGHT ANGLES TO ,THE SOUTHERLY LINE OF
SAID OFFICIAL RECORD BOOK 3039, PAGE 219) A DISTANCE OF 24.83 FEET TO A POINT; THENCE SOUTH 34°34'57" EAST, A DISTANCE OF 8.02
FEET TO A POINT ON THE NORTHERLY LINE OF A 20.0 FOOT WIDE DRAINAGE EASEMENT AS RECORDED IN OFFICIAL RECORD BOOK 820,
PAGE 2267, PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA; THENCE SOUTH 59°21'09" WEST, ALONG SAID NORTHERLY LINE (SAID
LINE BEING 20.0 FEET NORTH OF, AND PARALLEL WITH, AS MEASURED AT RIGHT ANGLE TO, THE SOUTHERLY LINE OF SAID OFFICIAL
RECORD BOOK 3039, PAGE 219) A DISTANCE OF 25.08 FEET TO THE EASTERLY RIGHT OF WAY OF SAID INDIAN RIVER DRIVE AND THE POINT
OF BEGINNING.
CONTAINING 200 SQUARE FEET, MORE OR LESS
Together with the following:
Parcel "B"
BEING A PARCEL OF LAND, SAID PARCEL LYING AND BEING IN SECTION 25, TOWNSHIP 30 SOUTH, RANGE 38 EAST, INDIAN RIVER COUNTY,
FLORIDA, SAID PARCEL ALSO BEING A PORTION OF THOSE LANDS AS DESCRIBED IN OFFICIAL RECORD BOOK 3039, PAGE 219, OF THE
PUBLIC RECORDS OF INDIAN RIVER COUNTY. FLORIDA. SAID PARCEL BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHWESTERLY CORNER OF SAID LANDS (SAID CORNER ALSO BEING THE NORTHWESTERLY CORNER OF THOSE
LANDS AS DESCRIBED IN OFFICIAL RECORD BOOK 1504, PAGE 2976, OF SAID PUBLIC RECORDS) SAID CORNER ALSO LYING ON THE
EASTERLY RIGHT OF WAY LINE OF INDIAN RIVER DRIVE (BEING A 66 FOOT WIDE RIGHT OF WAY) AS SHOWN ON THE INDIAN RIVER COUNTY
BOARD OF COUNTY COMMISSIONERS RIGHT OF WAY MAP, INDIAN RIVER DRIVE PHASE II, AS RECORDED IN PLAT BOOK 24, PAGE 15, OF
SAID PUBLIC RECORDS; THENCE NORTH 59°21'09" EAST, ALONG THE SOUTHERLY LINE OF SAID OFFICIAL RECORD BOOK 3039.PAGE 219, A
DISTANCE OF 95.13 FEET TO A POINT; THENCE NORTH 44°52'41" WEST, DEPARTING SAID SOUTHERLY LINE, A DISTANCE OF 20.63 TO A
POINT ON THE NORTHERLY LINE OF A 20 FOOT WIDE DRAINAGE EASEMENT AS RECORDED IN OFFICIAL RECORD BOOK 820, PAGE 2267, OF
THE PUBLIC RECORDS IN INDIAN RIVER COUNTY, FLORIDA, SAID POINT BEING THE POINT OF BEGINNING OF THE FOLLOWING DESCRIBED
PARCEL:
THENCE CONTINUE NORTH 44°42'41" WEST, A DISTANCE OF 28.90 FEET TO A POINT; THENCE NORTH 55°19'52" EAST, A DISTANCE OF 14.65
FEET TO A POINT; THENCE SOUTH 45°33'41" EAST, A DISTANCE OF 30.05 FEET TO A POINT IN THE NORTHERLY LINE OF SAID 20 FOOT WIDE
DRAINAGE EASEMENT; THENCE SOUTH 59°21'09" WEST, ALONG SAID NORTHERLY LINE (SAID LINE BEING 20 FEET NORTH OF, AND
PARALLEL WITH, AS MEASURED AT RIGHT ANGLES TO, THE SOUTHERLY LINE OF SAID OFFICIAL RECORD BOOK 3039, PAGE 219) A
DISTANCE OF 15.24 FEET TO THE POINT OF BEGINNING.
CONTAINING 430 SQUARE FEET, MORE OR LESS
TOTAL AREA PARCEL"A" AND PARCEL "B" = 630 SQUARE FEET, MORE OR LESS
This is not a Boundary Survey (Not complete without sheets 1 thru 4, as created)
AGENCY:
INDIAN RIVER COUNTY, FL Sketch and Legal Description
PUBLIC WORKS DEPT. ENGINEERING DIV. g p
DATE: DRAWN BY: for:
11/05/20241 R. INGLETT
SCALE:
N/A
SHEET:
1 OF 4
f may.
APPROVED BY:
D. SCHRYVER
B NO: IRC -2423
INDIAN RIVER COUNTY
(13620 North Indian River Drive)
Sketch and Legal Description for:INDIAN RIVER COUNTY
E X H -r 8 r -r 'A '
Surveyor's Notes
1). This Sketch and Legal Description was prepared with the benefit of a Boundary and Topographic Survey prepared by the Indian River
County Public Works Department - Survey Section, Job No. 2423, Dated August 20, 2024.
2).This legal description shall not be valid unless:
(a) Provided in its entirety consisting of 4 sheets , with sheet's 3 and 4 showing the
sketch of the descriptions.
(b) Reproductions of the description and sketch are not valid unless signed and sealed with
an embossed surveyor's seal.
3). Bearings shown hereon are based on the Centerline of Indian River Drive, as shown on Plat Book 24, Page 15, of the Public Records of
Indian River County, Florida, Said line Bears North 32°51'13" West and all others are relative thereto.
Legend and Abbreviations
ESMT
=EASEMENT
S. R.I.D.
= SEBASTIAN RIVER
IMPROVEMENT DISTRICT
F.P.&L
= FLORIDA POWER & LIGHT
L
= LENGTH OF ARC
LLC
= LIMITED LIABILITY COMPANY
Certification
N. E.
=NORTHEAST
(NOT VALID WITHOUT THE SIGNATURE AND ORIGINAL
O.R.B.
= OFFICIAL RECORD BOOK
RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER)
(P)
=PLAT
P. B.
= PLAT BOOK
I HEREBY CERTIFY THAT THE SKETCH AND LEGAL DESCRIPTION OF THE PROPERTY
PGE
=PAGE
SHOWN AND DESCRIBED HEREON WAS COMPLETED UNDER MY DIRECTION AND SAID
P.S.M.
= PROFESSIONAL SURVEYOR
SKETCH AND LEGAL IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE AND
AND MAPPER
BELIEF.
A
= DELTA ANGLE
S. E.
=SOUTHEAST
I FURTHER CERTIFY THAT THIS SKETCH AND DESCRIPTION MEETS THE STANDARDS OF
SQ. FT.
= SQUARE FEET
PRACTICE FOR SURVEYS SET FORTH BY THE FLORIDA PROF.ESSiONF,L BOARD OF
R
=RANGE
SURVEYORS AND MAPPERS IN CHAPTER 5J-17.052 FLORIDA ADMINISTRATIVE CODE,
= ROWN HIP
PURSUANT TO SECTION 472.027 FLORIDA STATE STAT S. u
T
(Trs)
=TRUSTEE
— 7 - 2 p
DATE OF SIGNATURE DAVID M. ILON, P.S:M
PROFESSIONAL SUaV2YOR AND t",\PPER
This is not a Boundary Survey (Not complete without sheets 1 thru 4, as created) F ORIDA CERTIFICATE NO.6'�'9
L
`S
Sketch and Legal Description
for:
INDIAN RIVER COUNTY
(13620 North Indian River Drive)
EXISTING RESIDENCE
KATHERINE BURNS
13620 N INDIAN RIVER DR
30-38— 25-00000-0050-00010.0
O.R.B. 3039, PG 219
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TO SCALE EXISTING GARAGE
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L SOUTHWESTERLY CORNER LICENSEg��1
AGREEMENT AND EASTERLY RIGHT OF g. 6
WAY LINE OF INDIAN RIVER BOULEVARD ' 1�
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/ STEVEN AND KAREN McELVEEN(Trs)
13610 N INDIANRIVER DR
30-38-25-00004_
0-38-25-00004— 0000-00006.1
Point of O.R.B. 1504, PG 2976
Commencement
OUTHWESTERLY CORNER OFFICIAL
RECORD BOOK 3039, PAGE 219
AND NORTHWESTERLY CORNER
O.R.B. 1504, PAGE 2976
AND EASTERLY RIGHT OF WAY
LINE OF INDIAN RIVER DRIVE
This is not a Boundary Survey (Not complete without sheets 1 thru 4, as created)
AGENCY: Parcel „A„
INDIAN RIVER COUNTY, FL
PUBLIC WORKS DEPT. ENGINEERING DIV. Sketch and Legal Description
DATE: DRAWN BY:
11/05/2024 R. INGLETT for.
SCALE: APPROVED BY:
N/A D. SCHRYVER INDIAN RIVER COUNTY
EET: JOB NO:
3 OF 4 IRC -2423 13620 North Indian River Drive
i�
RRIbrr ,a ,
EXISTING RESIDENCE
KATHERINE BURNS
13620 N INDIAN RIVER DR
30-38-25-00000-0050-00010.0
O.R.B. 3039, PG 219
N
NOT TO SCALE
Point of Begin "
EASTERLY EDGE OF CONCRETE PATIO
AND NORTHERLY LINE OF 20'
DRAINAGE EASEMENT /
PER O.R.B. 820, PG 2267
EXISTING POOL AND
PATIO AREA 0 0' " r,
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/ 30-38-25-00004-0000-00006.1
STEVEN AND KAREN McELVEEN(Trs)
13610 N INDIAN RIVER DR
O.R.B. 1504, PG 2976
Point of
Commencement
SOUTHWESTERLY CORNER OFFICIAL
RECORD BOOK 3039, PAGE 219
ANDNORTHWESTERLY CORNER
O.R.B. 1504, PAGE 2976
AND EASTERLY RIGHT OF WAY
LINE OF INDIAN RIVER DRIVE
This is not a Boundary Survey (Not complete without sheets 1 thru 4, as created)
(AGENCY: Parcel "B"
INDIAN RIVER COUNTY, FL
PUBLIC WORKS DEPT. ENGINEERING DIV. Sketch and Legal Description
DATE: DRAWN BY:
11/05/2024 R. INGLETT fo r:
SCALE: APPROVED BY:
N/A D. SILON INDIAN RIVER COUNTY
SHEET: JOB NO:
4 OF 4 IRC -2423 (13620 North Indian River Drive)
`� M � ' i
y.,�' i � �.!!: •fit. b �
Nadia Westerik
From:
Nadia Westerik
Sent:
Thursday, February 13, 2025 5:00 PM
To:
Cbcc-mail@clerk.indian-river.org
Subject:
Original Document - 13622 Indian River Drive - Drainage Improvements - Temporary
Grant to Enter Onto Property
Attachments:
13622 Indian River Drive - Drainage Improvements - Temporary Grant to Enter Onto
Property.pdf
Hi Clerk Team!
Going through old offices and found this. Please see attached a copy of the original Temporary Grant to Enter Onto
Property that has been delivered to your office today. There is no agenda item for this project.
Respectfully,
Nadia Westerik
Office of the County Attorney
Indian River County
1801 27th Street
Vero Beach, FL 32960
Phone: (772) 226-1580
Email: nwesterik@indianriver.gov