HomeMy WebLinkAbout2025-103B23-UTL.02-11 /24
This instrument prepared under the direction of.
Elizabeth S. Ouintana, Esq.
District 4 Assistant General Counsel
Legal Description prepared by:
Jeffrey D. Smith, P.S.M. (01-22-2024)
Parcel No.
Document prepared by:
Item/Segment No.
Susanna Rowland (11-22-2024)
Section:
Florida Department of Transportation
Managing District:
Right of Way Production Services
C.R. No.
3400 W. Commercial Boulevard
County:
Fort Lauderdale, Florida 33309
113.5
4056063
88050-2508
04
510 (Wabasso Road/851 Street)
Indian River
SUBORDINATION OF COUNTY UTILITY INTERESTS
THIS AGREEMENT entered into this day of , 20 , by and
between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, hereinafter called the
FDOT, and INDIAN RIVER COUNTY, a political subdivision of the State of Florida, hereinafter called
the COUNTY.
WITNESSETH:
WHEREAS, the COUNTY presently has an interest in certain lands that have been determined
necessary for highway purposes; and
WHEREAS, the proposed use of these lands for highway purposes will require subordination of
the interest claimed in such lands by the COUNTY to the FDOT; and
WHEREAS, the FDOT is willing to pay to have the COUNTY'S facilities relocated if necessary,
to prevent conflict between the facilities so that the benefits of each may be retained.
NOW, THEREFORE, in consideration of the mutual covenants and promises of the parties hereto,
COUNTY and FDOT agree as follows:
COUNTY subordinates to the interest of FDOT its successors and assigns, any and all of its interest
in the lands as follows, viz:
SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF
Page 1 of 6
RECORDED
INSTRUMENT
DATE
FROM
TO
RECORDING
Easement
07/31/2006
Ryall Acquisition Group,
Indian River
ORB/PG
LLC, a Florida limited
County, a political
2062/1834
liability company, f/k/a
subdivision of the
Ryall Development
State of Florida
Group, LLC
Easement
07/31/2006
Ryall Acquisition Group,
Indian River
ORB/PG
LLC, a Florida limited
County, a political
2062/1837
liability company, f/k/a
subdivision of the
Ryall Development
State of Florida
Group, LLC
Easement
07/31/2006
Ryall Acquisition Group,
Indian River
ORB/PG
LLC, a Florida limited
County, a political
2062/1840
liability company, f/k/a
subdivision of the
Ryall Development
State of Florida
Grou , LLC
PROVIDED that the COUNTY has the following rights:
1. The COUNTY shall have the right to construct, operate, maintain, improve, add to, upgrade,
remove, and relocate facilities on, within, and upon the lands described herein in accordance with
the FDOT'S current minimum standards for such facilities as required by the FDOT, Utility
Accommodation Manual in the effect at the time the agreement is executed. Any new construction
or relocation of facilities within the lands will be subject to prior approval by the FDOT. Should
the FDOT fail to approve any new construction or relocation of facilities by the COUNTY or
require the COUNTY to alter, adjust, or relocate its facilities located within said lands, the FDOT
hereby agrees to pay the cost of such alteration, adjustment, or relocation, including, but not limited
to the cost of acquiring appropriate easements.
2. Not withstanding any provisions set forth herein, the terms of the utility permits shall supersede
any contrary provisions, with the exception of the provision herein with reimbursement rights.
3. The COUNTY shall have a reasonable right to enter upon the lands described herein for the
purposes outlined in Paragraph 1 above, including the right to trim such trees, brush, and growth
which might endanger or interfere with such facilities, provided that such rights do not interfere
with the operation and safety of the FDOT's facilities.
4. The COUNTY agrees to repair any damage to FDOT facilities and to indemnify the FDOT against
any loss or damage resulting from the COUNTY exercising its rights outlined in Paragraphs 1 and
3 above.
Page 2 of 6
IN WITNESS WHEREOF, the FDOT hereto has executed this agreement on the day and year first
above written.
Attorney approved as to form: STATE OF FLORIDA DEPARTMENT
OF TRANSPORTATION
BY:
ELIZABETH S. QUINTANA STEVEN C. BRAUN, P.E.
District 4 Assistant General Counsel District 4 Secretary
Signed, sealed and delivered in the presence of: (Two witnesses required by Florida Law)
Witness (1) Information:
Signature
Print Name
Address: 3400 West Commercial Blvd
Fort Lauderdale, Florida 33309
STATE OF FLORIDA
COUNTY OF BROWARD
Witness (2) Information:
Signature
Print Name
Address: 3400 West Commercial Blvd
Fort Lauderdale, Florida 33309
The foregoing instrument was acknowledged before me by means of ❑ physical presence or
❑ online notarization, this day of , 20 by
STEVEN C. BRAUN, P.E., District 4 Secretary ❑ who is personally known by me or ❑ who has
produced as identification.
(SEAL)
Notary Public, State of Florida
Print Name:
My Commission Expires:
Page 3 of 6
IN WITNESS WHEREOF, the County has caused these presents to be executed in its name by its
Board of County Commissioners acting by the Mayor or Vice -Mayor of said Board, the day and year
aforesaid.
ATTEST:
Print Name:
Clerk (or Deputy Clerk)
Approved as to form and legal sufficiency:
BY:
County Attorney
INDIAN RIVER COUNTY, FLORIDA
By Its Board of County Commissioners
a
Print Name:
Its Mayor
Page 4 of 6
EXHIBIT "A"
Parcel No. 113 Item/Segment No. 4056063
A portion of land lying in the Northwest One -Quarter (NW 1/4) of Section 31, Township 31 South, Range
39 East, Indian River County, Florida, as shown on Sheets 10 and 11 of the Florida Department of
Transportation Right of Way Map for County Road 510 (85th Street), Item/Segment No. 4056063, Section
88050-2508, being more particularly described as follows:
Commence at a found PK nail marking the Northwest (NW) corner of said Section 31; thence
South 89°42'02" East along the North line of said Section 31 and the Baseline of Survey of said County
Road 510 (85th Street), a distance of 495.07 feet; thence South 00°17'58" West at a right angle to the
previously described course, a distance of 40.00 feet to a point on the Southerly Existing Right of Way line
of said County Road 510 (85th Street) and the POINT OF BEGINNING; thence South 00°12'00" East, a
distance of 6.00 feet; thence South 89°42'02" East, a distance of 865.11 feet; thence North 00'17'58" East,
a distance of 6.00 feet to a point on said Southerly Existing Right of Way line of County Road 510
(85th Street); thence North 89°42'02" West along said Southerly Existing Right of Way line of County
Road 510 (85th Street), a distance of 865.12 feet to the POINT OF BEGINNING.
Containing 5,191 Square Feet, more or less
AND
A portion of land lying in the North One -Half (N 1/2) of Section 31, Township 31 South, Range 39 East,
Indian River County, Florida, as shown on Sheets 12, 13 and 14 of the Florida Department of Transportation
Right of Way Map for County Road 510 (85th Street), Item/Segment No. 4056063, Section 88050-2508,
being more particularly described as follows:
Commence at a found nail in cut-out marking the North One -Quarter (N 1/4) corner of said Section 31;
thence North 89°42'02" West along the North line of said Section 31 and the Baseline of Survey of said
County Road 510 (85th Street), a distance of 193.24 feet; thence South 00°17'58" West along a line at a
right angle to the previously described course, a distance of 40.00 feet to a point on the Southerly Existing
Right of Way line of said County Road 510 (85th Street) and the POINT OF BEGINNING; thence
South 89°42'02" East, a distance 193.12 feet to a point on the West line of the Northeast One -Quarter (NE
1/4) of said Section 31; thence continue South 89°42'02" East, a distance 0.22 feet; thence
North 89°59'48" East, a distance 61.53 feet; thence South 00'00'12" East, a distance 4.00 feet; thence
North 89°59'48" East, a distance 150.00 feet; thence North 00'00'12" West, a distance 4.00 feet; thence
North 89°59'48" East, a distance 1,632.87 feet; thence North 76°30'03" East, a distance 17.14 feet; thence
North 89°59'48" East, a distance of 612.94 feet to the beginning of a curve concave Southwesterly, having
a chord bearing of South 65'57'15" East; thence Southeasterly along said curve, having a radius of
74.00 feet, through a central angle 48°05'53", an arc distance of 62.12 feet to the end of said curve; thence
South 41'54'19" East, a distance 153.36 feet to the beginning of a curve concave Southwesterly, having a
chord bearing of South 20°40'42" East; thence Southeasterly along said curve, having a radius of
78.00 feet, through a central angle 42°27' 13", an arc distance of 57.79 feet to the end of said curve and a
point on the Westerly Existing Right of Way line of 66th Avenue; thence North 00°32'54" East along said
Westerly Existing Right of Way line of 66th Avenue, a distance of 97.58 feet; thence
North 44°43'39" West continuing along said Westerly Existing Right of Way line of 66th Avenue, a
distance of 140.74 feet to the intersection with said Southerly Existing Right of Way line of County Road
Page 5 of 6
510 (85th Street); thence along said Southerly Existing Right of Way line of County Road 510 (85th Street)
for the next four (4) courses: (1) South 89°59'48" West, a distance of 2,553.33 feet; thence (2)
North 89°42'02" West, a distance of 0.17 feet to a point on said West line of the Northeast One -Quarter
(NE 1/4) of Section 31; thence (3) continue North 89°42'02" West, a distance of 93.15 feet; thence (4)
South 84°35'20" West, a distance of 100.50 feet to the POINT OF BEGINNING.
Containing 0.744 acres, more or less.
AND
A portion of land lying in the Northwest One -Quarter (NW 1/4) of Section 32, Township 31 South, Range
39 East, Indian River County, Florida, as shown on Sheets 14 and 21 of the Florida Department of
Transportation Right of Way Map for County Road 510 (85th Street), Item/Segment No. 4056063, Section
88050-2508, being more particularly described as follows:
Commence at a found PK nail marking the Northwest One -Quarter (NW 1/4) corner of said Section 32;
thence South 00°32'54" West along the West line of said Section 32 and the Baseline of Survey of said 66th
Avenue, a distance of 15.00 feet to the intersection with the Baseline of Survey of said County Road 510
(85th Street); thence South 89°31'43" East along said Baseline of Survey of said County Road 510
(85th Street), a distance of 54.97 feet; thence South 00°28' 17" West along a line at a right angle to the
previously described course, a distance of 19.27 feet to the intersection of the Southerly Existing Right of
Way line of said County Road 510 (85th Street) and the Easterly Existing Right of Way line of said 66th
Avenue, and the POINT OF BEGINNING; thence South 85°05'20" East along said Southerly Existing
Right of Way line of County Road 510 (85th Street), a distance of 74.01 feet; thence South 89°31'43" East
continuing along said Southerly Existing Right of Way line of County Road 510 (85th Street), a distance
of 25.99 feet to the beginning of a non -tangent curve concave Southeasterly, having a chord bearing of
South 53°58'38" West; thence Southwesterly along said curve, having a radius of 80.00 feet, through a
central angle 17°42'47", an arc distance of 24.73 feet to a point on the Easterly Existing Right of Way line
of said 66th Avenue, said point also being the beginning of a curve concave Southeasterly, having a chord
bearing of South 43°32'29" West; thence along said Easterly Existing Right of Way line of 66th Avenue
for the next seven (7) courses: thence (1) Southwesterly along said curve, having a radius of 80.00 feet,
through a central angle 03°09'31", an arc distance of 4.41 feet to a point of reverse curvature with a curve
concave Northwesterly, having a chord bearing of South 49°36'58" West; thence (2) Southwesterly along
said curve, having a radius of 148.00 feet, through a central angle 15°18'27", an arc distance of 39.54 feet
to a point of reverse curvature with a curve concave Southeasterly, having a chord bearing of
South 26'38'18" West; thence (3) Southerly along said curve, having a radius of 40.00 feet, through a
central angle 61 ° 15'47", an arc distance of 42.77 feet to a point of reverse curvature with a curve concave
Westerly, having a chord bearing of South 01°43'21" East; thence (4) Southerly along said curve, having a
radius of 2,139.00 feet, through a central angle 04°32'30", an arc distance of 169.55 feet to the end of said
curve; thence (5) South 00°32'54" West, a distance of 700.37 feet; thence (6) North 89°31'43" West, a
distance of 36.00 feet; thence (7) North 00°32'54" East, a distance of 955.73 feet to the POINT OF
BEGINNING.
Containing 0.817 acres, more or less.
All together containing 1.680 acres, more or less.
Page 6 of 6
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION (FDOT)
SUBORDINATION OF COUNTY UTILITY INTERESTS
Parcel No. 113.5
INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS: ..,
C06r
By. .
J eph. Flescher, Chairman ;o ,
s;/�,/rte'•.-'�i(+ ' \
C pproyal Date: May 2025
27
hn A. Titkanich, Jr., County Administrator
Approved as to Folp;and Legal Sufficiency:
By:
ChpKsto,�herA. Hicks, Assistant County Attorney
Ryan L. Butler, Clerk of the Circuit Court and Comptroller
Attest: �a QIjJ-0 0/JJ
Deputy Clerk
1772889 RECORDED IN THE RECORDS OF JEFFREY K BARTON, CLERK CIRCUIT COURT INDIAN
RIVER CO FL, BK: 2062 PG: 1839, 07/31/2006 02:33 PM DOC STAMPS D $0.70
Parce11t31-39-31-00000-1000-00001.5
EASEMENT
This Grant of Easement, made and executed this? y day of c A.D., 2006, by
RYALL ACQUISITION GROUP, LLC, a Florida limited liability cAlpany, fWa RYALL
DEVELOPMENT GROUP, LLC, whose address is 1974 14`h Avenue, Vero Beach, FL 32960,
hereinafter called GRANTOR*, to INDIAN RIVER COUNTY, FLORIDA, a political subdivision
of the State of Florida, whose address is 1840 25th Street, Vero Beach, FL 32960, hereinafter called
GRANTEE*,
*Whenever used herein the term GRANTOR and GRANTEE include all parties
to this instrument and their heirs, legal representatives, successors, and assigns.
WITNESSETH:
That GRANTOR for and in consideration of the sum of One Dollar and other consideration, receipt
of which is hereby acknowledged, does hereby grant, bargain, sell, alien, remise, release, convey,
and confirm unto the GRANTEE an easement for UTILITIES PURPOSES on, over, across, and
beneath the following described land, situate in Indian River County, Florida, to -wit:
See Exhibits "A" and "B" Attached Hereto and Made a Part Hereof
(Sketch and Description of Real Property)
And GRANTOR hereby covenants with said GRANTEE that it is lawfully seized of said servient
land in fee simple, and that it 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.
IN WITNESS WHEREOF, the GRANTOR has herein set its hand and seal the day and year first
above written.
Signed, sealed, and delivered RYALL ACQUISITION GROUP, LLC
in the presence of: f /k/a Y LL EVELOPMENT GROUP, LLC
sign 'rL 4— By rz�/
Witness'1 Chad A. Kelly, anaging Member
printed name: f211�/, H:_1��.—
sign a pky n�� �Y 0f l i j
Witness
printed name:stepwjn"7 Faryuer
STATE OF FLORIDA
COUNTY OF INDIAN RIVER
The foregoing instrument was sworn to and subscribed before me this Z q day of
zlu I 2006, by Chad A. Kelly, Managing Member of Ryall Acquisition Group,
LLC,*a Plorida limited liability company, who is personally known to me or produced
f/k/a as identification.
* RYAALLL DEVELOPMENT GROUP, LLCtu
Stamped Seal with Commission sin LG
Name, Number & Expiration Date „ Lunn F Harnkbn, Notary Public
' Mrc—u,am00171M
Attachments: Or Emma February 07 2007
(1) Exhibit "A" — Sketch of Easement Description (DWG# 18101C2)
(2) Exhibit `B" — Legal Description of Utility Easement (15 feet in width)
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AS- SKETCH A DESCRIPTION IS BASED "ASON THE I u I 1 �SKLTCN O► GSEYen DCSCRIPTION
AS -BELT LOCATION N ACONDUITF-SITE PER WN BUILT i i $ wT Tx[ RDRTR.W rnwu suTw. u.
SURVEY LIBERTY MAGNET OFF-SITE* ORAMNG BY _. � e + I �IY NI I L I
TALBOTT V P.S.Y., INC. DATED 3/15/05. SIGNIIU 1 ro.nsR+L T+ sourK. w.c[ n un.
DAVID E. E P.. .N ATVRE DATE mown rt
FLORIDA LICENSE
SE No. 'S126� �' • . , . VI INDIAN mm
1
CARTER ASSOCIATES. INC. LW 205
BK: 2062 PG: 1836
LEGAL DESCRIPTION FOR
UTILITY EASEMENT (10 FEET IN WIDTH) ALONG
THE WEST SIDE OF 6611H AVENUE, SOUTH OF
COUNTY ROAD 510 (WEST WABASSO ROAD)
FROM THE NORTHEAST CORNER OF SECTION 31, TOWNSHIP 31 SOUTH,
RANGE 39 EAST, RUN SOUTH 00°32'55" WEST ALONG THE EAST LINE OF
SAID SECTION 31 (AND ALONG THE APPROXIMATE CENTERLINE OF 66TH
AVENUE), A DISTANCE OF 30.00 FEET TO A POINT ON THE EXISTING SOUTH
RIGHT-OF-WAY LINE OF COUNTY ROAD 510 (WEST WABASSO ROAD);
THENCE, RUN SOUTH 89059'48" WEST ALONG SAID SOUTH LINE, A
DISTANCE OF 25.00 FEET TO A POINT ON THE EXISTING WEST RIGHT-OF-
WAY OF 66' AVENUE; THENCE RUN SOUTH 00032'55" WEST ALONG SAID
WEST RIGHT-OF-WAY LINE, A DISTANCE OF 17.20 FEET TO THE POINT OF
BEGINNING OF THE FOLLOWING DESCRIBED EASEMENT: FROM SAID POINT
OF BEGINNING CONTINUE SOUTH 00032'55" WEST, A DISTANCE OF 12.74
FEET; THENCE DEPARTING SAID WEST RIGHT-OF-WAY LINE, RUN SOUTH
52016'19" WEST, A DISTANCE OF 12.64 FEET; THENCE RUN SOUTH 08001'41"
EAST, A DISTANCE OF 66.54 FEET TO THE AFOREMENTIONED WEST RIGHT-
OF-WAY LINE OF 66TH AVENUE; THENCE RUN SOUTH 00032'55" WEST
ALONG SAID WEST RIGHT-OF-WAY LINE, A DISTANCE OF 67.06 FEET;
THENCE DEPARTING SAID WEST RIGHT-OF-WAY LINE RUN NORTH
08001'41" WEST, A DISTANCE OF 138.65 FEET; THENCE RUN NORTH 52016'19"
EAST, A DISTANCE OF 26.34 FEET TO THE AFOREMENTIONED WEST RIGHT-
OF-WAY LINE OF 66TH AVENUE AND THE POINT OF BEGINNING.
SAID EASEMENT LYING AND BEING IN THE NORTHEAST 1/4 OF THE
NORTHEAST 1/4 OF SECTION 31, TOWNSHIP 31 SOUTH, RANGE 39 EAST,
INDIAN RIVER COUNTY, FLORIDA.
EXHIBIT B
1772885 RECORDED IN THE RECORDS OF JEFFREY K BARTON, CLERK CIRCUIT COURT INDIAN
RIVER CO FL, BK: 2062 PG: 1837, 07/31/2006 02:33 PM DOC STAMPS D $0.70
Parcel #31-39-31-00000-1000-00001.5
EASEMENT
This Grant of Easement, made and executed this 'Z q day of A.D., 2006, by
RYALL ACQUISITION GROUP, LLC, a Florida limited liability conipany, f/k/a RYALL
DEVELOPMENT GROUP, LLC, whose address is 1974 14'' Avenue, Vero Beach, FL 32960,
hereinafter called GRANTOR*, to INDIAN RIVER COUNTY, FLORIDA, a political subdivision
of the State of Florida, whose address is 1840 25th Street, Vero Beach, FL 32960, hereinafter called
GRANTEE*,
*Whenever used herein the term GRANTOR and GRANTEE include all parties
to this instrument and their heirs, legal representatives, successors, and assigns.
WITNESSETH:
That GRANTOR for and in consideration of the sum of One Dollar and other consideration, receipt
of which is hereby acknowledged, does hereby grant, bargain, sell, alien, remise, release, convey,
and confirm unto the GRANTEE an easement for UTILITIES PURPOSES on, over, across, and
beneath the following described land, situate in Indian River County, Florida, to -wit:
See Exhibits "A" and "B" Attached Hereto and Made a Part Hereof
(Sketch and Description of Real Property)
And GRANTOR hereby covenants with said GRANTEE that it is lawfully seized of said servient
land in fee simple, and that it 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.
IN WITNESS WHEREOF, the GRANTOR has herein set its hand and seal the day and year first
above written.
Signed, sealed, and delivered
in the presence of.
sign
Witness
printed
name: t3N..-,
signj_V_WjW d"L)
Witness
printed namenkphan'e i7c1 qui
STATE OF FLORIDA
COUNTY OF INDIAN RIVER
RYALL ACQUISITION GROUP, LLC
f/k/a YAL DEVELOPMENT GROUP, LLC
By qX
Chad A. Kelly, anaging Member
The foregoing instrument was sworn to and subscribed before me this Z 4 day of
�#1,,, .1 2006, by Chad A. Kelly, Managing Member of Ryall Acquisition Group,
LLC* a Fldrida limited liability company, who is personally known to me or produced
as identification.
*f/k/a RYAL�EyELgPx1ENT. GROUP, LLC LL /
Stamped earl wi[tnh l ommtssion si n �I1a,1dry�_
Name, Number & Expiration Date,r+,� Lauren F HamMon -'�^ Notary Public
• My Commission DD771960
Attachments: �►e1„� E)vres February 07 2007
(1) Exhibit "A" — Sketch of Easement Description (DWG# 18101 C1)
(2) Exhibit `B" — Legal Description of Utility Easement (10 feet in width)
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THIS SKETCH OF DESCRIPTION IS BASED ON THE
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AS -BUILT LOCATION OF A FORCE MAIN PER BUILT
SURVEY LIBERTY MAGNET OFF-SITE DRAWING BY
DAVID E. IUETHJE. -S.[4 . SIGNATURE GATE
IIN
TALBOTT
FLORIDA LICENSE No. 5728
V P S.M., INC. DATED 3/15/05.
CARTER ASSOCIATES. INC. LB 205
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SAETT:R or EASENENr DESCRIPTION
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BK: 2062 PG: 1839
LEGAL DESCRIPTION FOR
UTILITY EASEMENT (15 FEET IN WIDTH) ALONG
THE WEST SIDE OF 66TH AVENUE, SOUTH OF
COUNTY ROAD 510 (WEST WABASSO ROAD)
FROM THE NORTHEAST CORNER OF SECTION 31, TOWNSHIP 31 SOUTH,
RANGE 39 EAST, RUN SOUTH 00°32'55" WEST ALONG THE EAST LINE OF
SAID SECTION 31 (AND ALONG THE APPROXIMATE CENTERLINE OF 66TH
AVENUE), A DISTANCE OF 30.00 FEET TO A POINT ON THE EXISTING SOUTH
RIGHT-OF-WAY LINE OF COUNTY ROAD 510 (WEST WABASSO ROAD);
THENCE, RUN SOUTH 89°59'48" WEST ALONG SAID SOUTH LINE, A
DISTANCE OF 61.74 FEET TO THE POINT OF BEGINNING OF THE
FOLLOWING DESCRIBED EASEMENT: FROM SAID POINT OF BEGINNING
DEPARTING SAID SOUTH RIGHT-OF-WAY LINE OF COUNTY ROAD 510 RUN
SOUTH 00030'10" EAST, A DISTANCE OF 15.37 FEET; THENCE RUN SOUTH
46026'10" EAST, A DISTANCE OF 49.86 FEET TO THE EXISTING WEST RIGHT-
OF-WAY LINE OF 66TH AVENUE; THENCE RUN SOUTH 00°32'55" WEST
ALONG SAID WEST RIGHT-OF-WAY LINE, A DISTANCE OF 20.52 FEET;
THENCE DEPARTING SAID WEST RIGHT-OF-WAY LINE RUN NORTH
46026'10" WEST, A DISTANCE OF 70.22 FEET; THENCE RUN NORTH 00'30'10"
WEST, A DISTANCE OF 21.86 FEET TO THE AFOREMENTIONED SOUTH
RIGHT-OF-WAY LINE OF COUNTY ROAD 512; THENCE RUN NORTH 89°59'48"
EAST ALONG SAID SOUTH RIGHT-OF-WAY LINE, A DISTANCE OF 15.00 FEET
TO THE POINT OF BEGINNING.
SAID EASEMENT LYING AND BEING IN THE NORTHEAST 1/4 OF THE
NORTHEAST 1/4 OF SECTION 31, TOWNSHIP 31 SOUTH, RANGE 39 EAST,
INDIAN RIVER COUNTY, FLORIDA.
10•yijli mil
1772886 RECORDED IN THE RECORDS OF JEFFREY K BARTON, CLERK CIRCUIT COURT INDIAN
RIVER CO FL, BK: 2062 PG: 1840, 07/31/2006 02:33 PM DOC STAMPS D $0.70
Parcel 431-39-32-00000-3000-00010.0
EASEMENT
This Grant of Easement, made and executed this 2 �-, day of A.D., 2006, by
RYALL ACQUISITION GROUP, LLC, a Florida limited liability com any, f/k/a RYALL
DEVELOPMENT GROUP, LLC, whose address is 1974 14`h Avenue, Vero Beach, FL 32960,
hereinafter called GRANTOR*, to INDIAN RIVER COUNTY, FLORIDA, a political subdivision
of the State of Florida, whose address is 1840 25th Street, Vero Beach, FL 32960, hereinafter called
GRANTEE*,
*Whenever used herein the term GRANTOR and GRANTEE include all parties
to this instrument and their heirs, legal representatives, successors, and assigns.
WITNESSETH:
That GRANTOR for and in consideration of the sum of One Dollar and other consideration, receipt
of which is hereby acknowledged, does hereby grant, bargain, sell, alien, remise, release, convey,
and confirm unto the GRANTEE an easement for UTILITIES PURPOSES on, over, across, and
beneath the following described land, situate in Indian River County, Florida, to -wit:
See Exhibits "A" and `B" Attached Hereto and Made a Part Hereof
(Sketch and Description of Real Property)
And GRANTOR hereby covenants with said GRANTEE that it is lawfully seized of said servient
land in fee simple, and that it has good right and lawful authority to convey the easement established
hereby and will defend the same against the lawful claims of all persons whomsoever.
IN WITNESS WHEREOF, the GRANTOR has herein set its hand and seal the day and year first
above written.
Signed, sealed, and delivered
in the presence of:
sign 1--V t'
Witness
printed name:
sign_lpi n u =& nut"
Witness
printed name:$feplwwe_ FQfquC/
STATE OF FLORIDA
COUNTY OF INDIAN RIVER
RYALL ACQUISITION GROUP, LLC
f/k/aR//yyrrppL D VEL PMENT GROUP, LLC
By 67
Chad A. Kelly, aging Member
The foregoing instrument was sworn to and subscribed before me this Zoo day of
1 2006, by Chad A. Kelly, Managing Member of Ryall Acquisition Group,
LLC,* a Qorida limited liability company, who is personally known to me or produced
RY/ Fes, p ENT as identification. �\
AVttamped Se0a1 with ( ommissi6n LLC sig 1
Name, Number & Expiration Datey Notary Public
�
't(r, Laumn F Hamlibn
YW Commission D07719C0
Attachments: a Expires February 07 2
(1) Exhibit "A" — Sketch of Easement Description (DWG# 18101 C)
(2) Exhibit `B" — Legal Description of Utility Easement (15 feet in width)
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THIS SKETCH OFDESCRIPTION IS BASED ON THE
I
AS -BUILT LOCATION OF A 16 - WATER MMN PER "AS
BUILT SURVEY LIBERTY MAGNETR OFF -$ITE- ORAWING BY
DAVID E LUE TNJEP.$.OAIE
, . M. SIGNATUR
8I
fALBOii V P.S.M., INC. DATED 3/15/05.
FLORIDA LICENSE No. 572B'.
CARTER ASSOCIATES.INC. L#2D5 -
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BK:' 2062 'PG: 1842
LEGAL DESCRIPTION FOR 16" DIAMETER
WATER MAIN EASEMENT (15 FEET IN WIDTH) ALONG
THE EAST SIDE OF 66T" AVENUE, SOUTH OF
COUNTY ROAD 510 (WEST WABASSO ROAD)
FROM THE NORTHWEST CORNER OF SECTION 32, TOWNSHIP 31 SOUTH,
RANGE 39 EAST, RUN SOUTH 00°32'55" WEST ALONG THE WEST LINE OF
SAID SECTION 32 (AND ALONG THE APPROXIMATE CENTERLINE OF 66TH
AVENUE), A DISTANCE OF 456.38 FEET; THENCE, RUN SOUTH 89°27'06"
EAST, A DISTANCE OF 25.00 FEET TO A POINT ON THE EXISTING EAST
RIGHT-OF-WAY OF 66' AVENUE AND THE POINT OF BEGINNING OF THE
FOLLOWING DESCRIBED EASEMENT: FROM SAID POINT OF BEGINNING
CONTINUE SOUTH 89027'06" EAST, A DISTANCE OF 20.00 FEET; THENCE,
NORTH 00032'55" EAST, A DISTANCE OF 15.00 FEET; THENCE NORTH
89027'06" WEST, A DISTANCE OF 13.99 FEET; THENCE NORTH 05034'39" EAST,
A DISTANCE OF 92.19 FEET; THENCE NORTH 02'33'11" EAST, A DISTANCE OF
100.23 FEET; THENCE NORTH 02°57'12" EAST, A DISTANCE OF 99.87 FEET;
THENCE NORTH 05°50'23" EAST, A DISTANCE OF 77.30 FEET; THENCE
NORTH 46°09'34" EAST, A DISTANCE OF 51.06 FEET TO A POINT ON THE
EXISTING SOUTH RIGHT-OF-WAY OF COUNTY ROAD 510 (SAID POINT
LYING SOUTH 89031'43" EAST, A DISTANCE OF 90.35 FEET, AND SOUTH
00028'17" WEST, A DISTANCE OF 37.02 FEET OF THE NORTHWEST CORNER
OF SAID SECTION 32); THENCE RUN NORTH 85005'20" WEST, ALONG THE
EXISTING SOUTH RIGHT-OF-WAY OF COUNTY ROAD 510, A DISTANCE OF
19.95 FEET; THENCE RUN SOUTH 46°09'34" WEST, A DISTANCE OF 43.41
FEET; THENCE SOUTH 05°50'23" WEST, A DISTANCE OF 83.18 FEET; THENCE
SOUTH 02057'12" WEST, A DISTANCE OF 100.30 FEET; THENCE SOUTH
02033'11" WEST, A DISTANCE OF 74.50 FEET TO A POINT ON THE EXISTING
EAST RIGHT-OF-WAY OF 66TH AVENUE; THENCE RUN SOUTH 00°32'55" WEST
ALONG SAID EAST RIGHT-OF-WAY OF 66TH AVENUE, A DISTANCE OF 133.13
FEET TO THE POINT OF BEGINNING.
SAID EASEMENT LYING AND BEING IN THE NORTHWEST 1/4 OF THE
NORTHWEST 1/4 OF SECTION 32, TOWNSHIP 31 SOUTH, RANGE 39 EAST,
INDIAN RIVER COUNTY, FLORIDA.
EXHIBIT B
31202000532184 RECORDED IN THE RECORDS OF JEFFREY R. SMITH, CLERK OF CIRCUIT COURT INDIAN RIVER CO FL
BK: 3337 PG: 1274,9/14/2020 9:34 AM
Summer Lake North
UCP #3479
COUNTY ATTORNEY'S OFFICE
INDIAN RIVER COUNTY
ISO 127th Street
Verr
BILL OF SALE OF UTILITY FACILITIES
to
INDIAN RIVER COUNTY, FLORIDA
(UCP # 3479)
KNOW ALL MEN BY THESE PRESENTS, that GRBK GHO SUMMER LAKE, LLC, a
Florida limited liability company, the mailing address of which is 590 NW Mercantile Place,
Port St. Lucie, FL 34986, hereinafter called GRANTOR, in consideration of value received, the
receipt and sufficiency of which is hereby acknowledged, has and does hereby grant, bargain,
sell, transfer, and deliver unto INDIAN RIVER COUNTY, a political subdivision of the State
of Florida, whose address is 1801 27th Street, Vero Beach, FL 32960, hereinafter called
GRANTEE, this 4th day of A,iq„Gf , 2020, the following goods and chattels:
EXHIBIT "A"ATTACHED HERETO AND MADE A PART HEREOF
which utility facilities are located within existing easements, streets and right-of-ways of Summer
Lake North, as recorded in Plat Book 31 , Page of the Public Records of Indian River
County, Florida.
TO HAVE AND TO HOLD the same unto GRANTEE forever, and GRANTOR hereby warrants
to the GRANTEE that it has free and unencumbered title to the above-described facilities, that
all persons or entities which have supplied labor or materials with respect to these facilities have
been paid in full, that none of them has any claim whatsoever with respect thereto, and that the
GRANTOR has full authority to make this conveyance and will warrant and defend the sale of
said chattels and utility facilities hereby made unto GRANTEE against the lawful claims and
demands of all persons whomsoever.
GRANTOR hereby further warrants that should the above described utility facilities fail or
otherwise become defective during a period of one year from the date of acceptance of same by
GRANTEE (August 18, 2020 to August 18, 2021), due to defective materials or workmanship,
GRANTOR shall upon each occasion be responsible in all respects for such failure or defect
and shall correct same at GRANTOR's sole cost and without expense to GRANTEE upon
immediate notice by GRANTEE in view of the need for immediate response to correct broken
or defective utility lines and facilities. GRANTOR shall be solely liable and shall save
GRANTEE harmless from any direct or consequential damage attributable to such failure or
defect. GRANTOR hereby also assigns all its right, title, and interest in and to manufacturer's or
supplier's warranties with respect to the described facilities.
,S,PR;i VED AS -1 Q FOH11E1
HiND LEG GAL SUFFICIENCY
E,Y � ,.._.�m
'4_AiV t�Eli�1GOLG
(page one of two)COJN_Y ATTORNEY
BK: 3337 PCS: 1275
IN WITNESS WHEREOF, the GRANTOR has herein set its hand and seal the day and year first
above written.
Signed, sealed and delivered in
the presence of:
signature:
printed name: 1y")_
signature: 4�/Z
printed na
STATE OF FLORIDA
COUNTY OF -)+ Ll1U
GRBK GHO SUMMEP LAKE, LLC
M
William NflTgIfter, Manager
The foregoing instrument was acknowledged before me, by means of
G'physical presence or ❑ online notarization, this �h day of ,
2020 by William N. Handler, the Manager of GRBK GHO SUMME LAKE, LLC, a
Florida limited liability company, 2personally
executed on behalf of and with the authority of
said limited liability company. He is known or ❑ produced identification in
the form of
NOTARY PUBLIC:
sign:
print name: KrjSten D►xon
Commission No.: C7611555 (I
Commission Expiration:,un 1&20a I
SEAL:
KRISTEN DfXON
MY COMMISSION #GG115559
MRES: JUN 18, 2021
4�13onded through 1st State Insurance
(page two of two)
BK: 3337 PG: 1276
Summer Lake North
Utility Cost Estimate
For Bill of Sale and 1 -Year Maintenance Amount
UCP #3479
WATER SYSTEM
UNIT
QUANTITY
UNIT PRICE
TOTAL
6" C-900
LF
1208
$
24.00
$
28,992.00
6" MJGV
EA
3
$
1,370.00
$
4,110.00
6" MJ TEE
EA
2
$
575.00
$
1,150.00
6" 90 MJ Bends
EA
2
$
475.00
$
950.00
6"45 MJ Bends
EA
3
$
475.00
$
1,425.00
6" 22.5 MJ Bends
EA
2
$
475.00
$
950.00
Fire Hydrants Assembly & GV
EA
1
$
5,100.00
$
5,100.00
2" Blow Off
EA
1
$
1,500.00
$
1,500.00
Single Water Service
EA
11
$
1,375.00
$
15,125.00
Double Water Service
EA
5
$
1,755.00
$
8,775.00
3,825.00
Laterals - double services
EA
9
Subtotal
$
68,077.00
SANITARY SEWER
Manholes 0'- 6'
EA
1
$
3,380.00
$
3,380.00
Manholes 6'- 10'
EA
2
$
5,425.00
$
10,850.00
Manholes 10'- 12'
EA
1
$
6,200.00
$
6,200.00
Manholes 14'- 16'
EA
2
$
7,844.00
$
15,688.00
8" PVC Sewer Main 0'- 6' Cut
LF
137
$
26.00
$
3,562.00
8" PVC Sewer Main 6'- 8' Cut
LF
110
$
27.75
$
3,052.50
8" PVC Sewer Main 8'- 10' Cut
LF
315
$
29.45
$
9,276.75
8" PVC Sewer Main 10' -12' Cu
LF
397
$
33.00
$
13,101.00
8" PVC Sewer Main 12'- 14'Cu
LF
164
$
35.00
$
5,740.00
Laterals - single services
EA
3
$
1,275.00
$
3,825.00
Laterals - double services
EA
9
$
1,432.00
$
12,888.00
Subtotal
$
87,563.25
EXHIBIT "A"
For Bill of Sale
APPROVED
D.U.S.
` /j/ OZo