HomeMy WebLinkAbout2026-109UCP # 3714
Project: Nopetro
Owner: Nopetro Eco District, LLC
Address: 7825 9TH ST SW, Vero Beach, FL 32968
PID: 33382500001002000001.0
Prepared by:
Office of County Attorney
INDIAN RIVER COUNTY
180127" street
Vero Beach, FL 32960
772-226-1425
A TRUE COPY
^ERTIFICATION ON LAST PAGE
YAN L. BUTLER, CLERK
EASEMENT AND BILL OF SALE OF UTILITY FACILITIES
TO
INDIAN RIVER COUNTY, FLORIDA
KNOW ALL MEN BY THESE PRESENTS, that NOPETRO ECO DISTRICT, LLC, a
Florida limited liability company having a mailing address of 150 S.E. 2nd Avenue,
Ph -1, Miami, FL 33131, hereinafter called GRANTOR, in consideration of value
received, the receipt and sufficiency of which is hereby acknowledged, has and does
hereby grant, bargain, sell, alien, remise, release, convey, and confirm unto INDIAN
RIVER COUNTY, a political subdivision of the State of Florida, the address of which
is 1801 27th Street, Vero Beach, Florida 32960, hereinafter called GRANTEE, (i) a
perpetual easement for UTILITY PURPOSES over, across, and beneath the following
described land, situate, in Indian River County, Florida described in Exhibit "A", for the
purpose of installing, replacing, repairing, and maintaining the hereinafter described
utilities as described in Exhibit "13-1" and Exhibit "13-2", and (ii) further sells, assigns or
conveys title to all utility facilities now installed by or on behalf of GRANTOR as
described in Exhibit "C". to -wit;
EXHIBITS ATTACHED HERETO AND MADE A PART HEREOF
(Exhibit "A" is the Legal Description of Grantor's Property; Exhibit `8-1" is the Legal Description of the Easement;
Exhibit "B-2" is a Sketch of the Easement; Exhibit "C" is the Depiction of the Utility Facilities)
And GRANTOR hereby warrants to the GRANTEE that it is lawfully seized of free and
unencumbered title to the above-described real estate and facilities conveyed hereby;
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 granting and sale of said property and utility facilities hereby
made unto GRANTEE against the lawful claims and demands of all persons
whomsoever.
GRANTOR, hereby 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 (June 22, 2026 to June 22, 2027), 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 its sole cost and without expense to
GRANTEE upon reasonable notice by GRANTEE. 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.
IN WITNESS WHEREOF, the GRANTOR has herein set its hand and seal this
day of , 2026.
A TRUE COPY
Signed, sealed, and delivered CERTIFICATION ON LAST PAGE
in the presence of the following RYAN L. BUTLER, CLERK
witnesses:
NOPETRO ECO DISTRICT, LLC,
a Florida lim' y
Print N e rge A. Herrera
Title: an er
Addre - U 3
DEVELOPER
Sign \/ "
Print Name:
Address: Pf-�--
"-,uuM t L ---3 l3
Sign: _
Print Name: YM
Address: to 5F Vd Pk -C-- -
ul.{cJl�
STATE OF '� tQ
COUNTY OF - -
THE FOREGOING INSTRUMENT was acknowledged before me by means of El -
physical presence or ❑ online notarization, this t day of , 2026, Jorge
A. Herrera, the Manager of NOPETRO ECO DISTRICT, LLC, a Florida limited liability, who
executed on behalf of and with the authority of said entity, and who 0 is personally known to
me, or ❑ produced as identification.
i°sir °GBS%
SAYURIPONS
* Commission#_HHA 60?171 otatry Public Signa re
[ f �MI1�' PO2s rint otary Name: 5 .
Commission No.:
�aV
My commission expires: ONcb OL2C &
A TRUE COPY
CERTIFICATION ON LAST PAGE
Signed, sealed, and delivered RYAN L. BUTLER, CLERK
in the presence of the following
witnesses:
NOPETRO ECO DISTRICT, LLC,
a Florida limited liability
By:
Print Name: Alain Castro
Title: Manager
Address:, -Dive, unit 12
Miami Beach, FL 33141
DEVELOPER
Sign:
Print Name: CASTRO
Address: -7nf%-7 __ _
Ap 12
Sign:la i Beach FL
Print Name
Address: r. __ _
Unit 12
Yrmr, Beach,FL 32141
STATE OF
COUNTY OF rowar
THE FOR O INSTRUMENT was ckpowledgedMh19re me by means of ❑
physical presence or online notarization, this2�r day of 2026, by
Alain Castro, the Manager of NOPETRO ECO DISTRICT, LLC, a Florida limited liability, who
executed behalf of and rlVeratICet-yof said entity, and who ❑ is personally known to
me, or produced �l as identification.
[AFFIX NOTARY SEAL]
Graig Raoul
_0 Notary Public State of Florida
*' * Commission #HH 526302
Commission Expires on
..�'oF.. fro.•` Jun 8, 2028
Notary Public Signa ulre
- Raoul
Print Notary Nam
Commission No.:
�'H 526302
My commission expires: 06-08-2028
Online notarization performed via audio/video communication
A TRUE COPY
CERTIFICATION ON LAST PAGE
RYAN L. BUTLER, CLERK
CONSENT AND JOINDER TO EASEMENT BY FIRST MORTGAGEE
Pathward, N.A. (Mortgagee) having an address of 5480 Corporate Drive, Suite 350, Troy,
Michigan 48098, the owner and holder of that certain financing document upon land described therein,
situated in Indian River County, Florida, by virtue of: CONSTRUCTION MORTGAGE, ASSIGNMENT OF
LEASES AND RENTS, SECURITY AGREEMENT AND FIXTURE FILING recorded April 10, 2024 in
Official Records Book 3689, Page 1455 Public Records of Indian River County, Florida, hereby
consents and joins in the making of the within perpetual easement for utility purposes over, across and
beneath the property described in Exhibit "A" attached hereto, in favor of INDIAN RIVER COUNTY, a
political subdivision of the State of Florida, having a mailing address of 1801 271h Street, Vero Beach,
Florida 32960, NOPETRO ECO DISTRICT, LLC, a Florida limited liability (Mortgagor) company, whose
mailing address is 150 S.E. 2nd Avenue, Ph -1, Miami, FL 33131.
Mortgagee agrees that the granting of this easement shall in no way affect its ability to foreclose
its lien of its mortgage on the property described in the mortgage noted above, but that it shall be
subordinated to and subject to this grant of easement, and that said easement shall run with the land in
perpetuity.
Signed, sealed and delivered in
the presence of:
Signat
Print �
Addre:
Signat
Print N
Addre:
STATE OF AT -k 'y I
COUNTY OF c
Patl
By.
Prin
Title
Add
THE FOREGOING INSTRI��/IENT wis..acknowledged before me b means of �hXsical prre,,aence
l r Y o line ngtar�tion, this L day of Jt.4�l� 2026, by Gh+r3 WI"I�q^i
fir f Pathward, N.A., who executed on behalf of and with the authority of said
entity, and who ff is personally known to me, or ❑ produced as
identification.
NOTARIAL SEAL:
Maria lite
Notary Pudic of Michigan
Macomb County
Expires 12/021 027
Acting in the County or
NOTARY PUBLIC
Printed Name:
Commission No.:
Commission expiration:
A TRUE COPY
CERTIFICATION ON LAST PAGE
RYAN L. BUTLER, CLERK
RELEASE OF UTILITY FACILITIES BY FIRST MORTGAGEE
Pathward, N.A. (Mortgagee) having an address of 5480 Corporate Drive, Suite 350, Troy, Michigan
48098, hereby releases the utility facilities identified in attached Exhibit "C"" which are located within the real
property described in attached Exhibit "A" (which may or may not be interpreted as being part of the
collateral) from that certain CONSTRUCTION MORTGAGE, ASSIGNMENT OF LEASES AND RENTS,
SECURITY AGREEMENT AND FIXTURE FILING recorded April 10, 2024 in Official Records Book 3689,
Page 1455 Public Records of Indian River County, Florida, being recorded in the Public Records of
Indian River County, Florida.
Signed, sealed and delivered in
the presence of:
Signatur(
Print Nar
Address:
Signature
Print Narr
Address:
STATE OF t�11�Z •y
COUNTY OF
Pathward„N.A.
By:
Printed Name:
Title: C/i
Address: 5q
THE FOREGOING INSTRUMENT was acknowledged before me b eans of �hysical
preSPnce or online not rization, thi da of _ 2026, by
��1� �n3 h��al�U�the C�JU1� Pathward, N.A., who executed
on behalf of and with the authority of said entity, and who is personally known to me, or ❑ produced
as identification.
NOTARIAL SEAL.-
Approved
EAL:
te
EMichigan
unty
f2
4KlA
��N
Approved
By:
Deputy County Attorney
sumclency:
NOTARY PUBLIC
Printed Name:
Commission No.:
Commission expiration:
BK: 3655 PG: 1202
A TRUE COPY
CERTIFICATION ON LAST PAGE
RYAN L. BUTLER, CLERK
EXHIBIT A
Legal Description
The land referred to herein below is situated in the County of Indian River, State of Florida, and is described as follows:
A PORTION OF THE EAST HALF OF TRACT 2, ACCORDING TO INDIAN RIVER FARMS CO., AS
RECORDED IN PLAT BOOK 2, PAGE 25, ALSO BEING A PORTION OF A CONSERVATION EASEMENT
AS RECORDED IN OFFICIAL RECORDS BOOK 2492, PAGES 1960 THROUGH 1964, OF THE PUBLIC
RECORDS OF INDIAN RIVER COUNTY, FLORIDA, BEING DESCRIBED AS FOLLOWS:
COMMENCE AT THE NORTHWEST CORNER OF THE EAST HALF OF TRACT 2, ACCORDING TO
INDIAN RIVER FARMS CO., AS RECORDED IN PLAT BOOK 2, PAGE 25 OF THE PUBLIC RECORDS OF
INDIAN RIVER COUNTY, FLORIDA; THENCE RUN S 00°20'32" W ALONG THE WEST LINE OF THE
EAST HALF OF SAID TRACT 2, A DISTANCE OF 30.00 FEET TO THE NORTHWEST CORNER OF A
CONSERVATION EASEMENT AS RECORDED IN OFFICIAL RECORDS BOOK 2492, PAGES 1960
THROUGH 1964 OF SAID PUBLIC RECORDS, SAID POINT LYING ON THE NORTH LINE OF SAID
CONSERVATION EASEMENT AND THE SOUTH LINE OF A LATERAL CANAL PER THE
AFOREMENTIONED PLAT; THENCE DEPARTING SAID WEST LINE RUN S 89°40'49" E ALONG SAID
NORTH LINE AND SAID SOUTH LINE OF THE LATERAL CANAL, A DISTANCE OF 118.98 FEET TO THE
POINT OF BEGINNING; THENCE CONTINUE S 89040'49" E ALONG SAID LINE, A DISTANCE OF 179.95
FEET; THENCE DEPARTING SAID LINE RUN S 00°20'32" W, A DISTANCE OF 50.00 FEET; THENCE RUN
N 89°40'49" W, A DISTANCE OF 30.71 FEET TO A POINT OF CURVATURE OF A CURVE CONCAVE
SOUTHEASTERLY HAVING A RADIUS OF 25.00 FEET, A CHORD BEARING OF S 38°07'31" W, AND A
CHORD DISTANCE OF 39.50 FEET; THENCE RUN SOUTHWESTERLY ALONG THE ARC OF SAID
CURVE THROUGH A CENTRAL ANGLE OF 104°2321 ", FOR AN ARC DISTANCE OF 45.55 FEET TO A
POINT OF TANGENCY; THENCE RUN S 14004'10" E, A DISTANCE OF 46.77 FEET TO A POINT OF
CURVATURE OF A CURVE CONCAVE NORTHWESTERLY HAVING A RADIUS OF 100.00 FEET, A
CHORD BEARING OF S 0103247" W, AND A CHORD DISTANCE OF 53.84 FEET; THENCE RUN
SOUTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 31013'54",
FOR AN ARC DISTANCE OF 54.51 FEET TO A POINT OF TANGENCY; THENCE RUN S 17°09'45" W, A
DISTANCE OF 108.06 FEET TO A POINT OF CURVATURE OF A CURVE CONCAVE SOUTHEASTERLY
HAVING A RADIUS OF 100.00 FEET, A CHORD BEARING OF S 08°45'08" W, AND A CHORD DISTANCE
OF 29.25 FEET; THENCE RUN SOUTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A
CENTRAL ANGLE OF 16049'13", FOR AN ARC DISTANCE OF 29.36 FEET TO A POINT OF TANGENCY;
THENCE RUN S 00°20'32" W, A DISTANCE OF 76.37 FEET TO A POINT OF CURVATURE OF A CURVE
CONCAVE NORTHEASTERLY HAVING A RADIUS OF 50.00 FEET, A CHORD BEARING OF S 44°28'38" E,
AND A CHORD DISTANCE OF 70.49 FEET; THENCE RUN SOUTHEASTERLY ALONG THE ARC OF SAID
CURVE THROUGH A CENTRAL ANGLE OF 89038'20", FOR AN ARC DISTANCE OF 78.22 FEET TO A
POINT OF TANGENCY; THENCE RUN S 8901748" E, A DISTANCE OF 282.92 FEET; THENCE RUN S
00034'30" W, A DISTANCE OF 235.04 FEET TO A POINT OF CURVATURE OF A CURVE CONCAVE
NORTHEASTERLY HAVING A RADIUS OF 100.00 FEET, A CHORD BEARING OF S 20°52'36" E. AND A
CHORD DISTANCE OF 73.14 FEET; THENCE RUN SOUTHEASTERLY ALONG THE ARC OF SAID
CURVE THROUGH A CENTRAL ANGLE OF 42054'12", FOR AN ARC DISTANCE OF 74.88 FEET TO A
POINT OF TANGENCY; THENCE RUN S 42'19'42" E, A DISTANCE OF 93.93 FEET; THENCE RUN S
02°19'00" E, A DISTANCE OF 119.36 FEET; THENCE RUN N 89°39'28" W, A DISTANCE OF 646.30 FEET
TO A POINT LYING ON THE AFORESAID WEST LINE OF THE EAST HALF; THENCE RUN ALONG SAID
LINE N 00020'32" E, A DISTANCE OF 287.78 FEET TO THE SOUTHWEST CORNER OF THE
AFOREMENTIONED CONSERVATION EASEMENT; THENCE DEPARTING SAID WEST LINE RUN S
89040'49" E ALONG THE SOUTH LINE OF SAID CONSERVATION EASEMENT, A DISTANCE OF 118.98
FEET TO THE SOUTHEAST CORNER OF SAID CONSERVATION EASEMENT; THENCE DEPARTING
SAID SOUTH LINE RUN ALONG THE EAST LINE AND THE NORTHERLY EXTENSION OF SAID
CONSERVATION EASEMENT N 00020'32" E, A DISTANCE OF 644.50 FEET TO THE POINT OF
BEGINNING.
Special Warranty Deed
IRED, LLC
A TRUE COPY
CERTIFICATION ON LAST PAGE
RYAN L. BUTLER, CLERK
EXHIBIT "11 ii
10 FT WIDE CENTERLINE WATER LINE EASEMENT
7625 9TH STREET S.W. , VERO BEACH FL, 32966
LEGAL DESCRIPTION: WATERLINE BASEMENT
COMMENCING AT THE NORTHWEST CORNER OF THE EAST ONE-HALF OF TRACT NO, 2
SHOWN ON A PLAT OF INDIAN RIVER FARMS COMPANY AS RECOODED IN ST.LUCIE
COUNTY PLAT BOOK 2 PAGE 25 INDIAN RIVER COUNTY PUBLIC RECORDS; LYING IN
SECTION 25 TOWNSHIP 33 SOUTH RANGE 38 EAST;
THENCE CONTINUING ALONG THE WEST LINE OF EAST ONE-HALF OF SAID TRACT 2 S 00-
14'31"
0°14'31" W A DISTANCE 954.60'TO THE POINT OF BEGINNING OF HEREIN DESCRIBED
EASEMENT,'
THENCE ALONG THE CENTERLINE OF A 10 FOOT WIDE WATE LINE EASEMENT N
89°28'47" E A DISTANCE OF 627.50 FEET TO A POINT AND THE FOLLOWING COURSES AND
DISTANCES; THENCE N 00° 54'54" E A DISTANCE 98.60 FEET, THENCE N 45° 44" 58" W A
DISTANCE OF 98.05' TO A POINT: THENCE N 21° 46" 35" W A DISTANCE OF 54.40' TO A
POINT. THENCE N 00'20'37" E A DISTANCE 101.90' TO A POINT: THENCE S 89° 48'35" W A
DISTANCE OF 59.60' TO THE POINT OF TERMINUS OF HEREIN DESCRIBED WATERLINE
EASEMENT.
NOTES:
ABBREVIATIONS
1)
NO SEARCH OF THE PUBLIC RECORDS WAS PERFORMED FOR THE HEREIN DEPICTED PARCEL
298
OF LAND.
S OB =POINT OF BEGINNING
2)
THE LAST DATE OF FIELD SURVEY WAS SEPTEMBER 24, 2024.
RM = PERMANENT REFERENCE MONUMENT
�
3)
COORDINATES IF SHOWN ARE RELATIVE TO FLORIDA EAST ZONE STATE PLANE NAD'83.
CP =PERMANENT CONTROL
CP
4)
ELEVATIONS IF SHOWN ARE RELATIVE TO NATIONAL GEODETIC VERTICAL DATUM OF 1988
IRON ROD AND CAP
5)
(NAVD'88) DATUM. THE PRIMARY BENCHMARK IS INDIAN RIVER COUNTY BENCHMARK
p =IRON PIPE
6)
BM100013 ELEVATION= 22.97 NAVD 88 SITE BENCHMARK IS AS SHOWN HEREON.
=CENTRAL ANGLE
7)
BEARINGS SHOWN ARE RELATIVE TO THE GEODETIC GRID.
= RADIUS
8)
THIS DRAWING IS INTENDED TO BE PRINTED ON 8.5" X 11" MEDIA.
{� ARC LENGTH
8)
NO ENCROACHMENTS WERE FOUND, EXCEPT AS SHOWN.
W.O.C. = POINT OF COMMENCEMENT
9)
EASEMENT ALIGNMENTS BASED ON AS=BUILT UNDERGROUND IMPROVEMENTS LOCATED.
O.O.B. =POINT OF BEGINNING
P.O.T.=POINT OF TERMINUS
LVETSKY
LN'D
SURVEYING
P.O. Box
298
Palmdale,
FL
33944
(P) 772-528-7718
Email: jlavetsky.11s@gmail.com
y�„seN�m
L&275
FLIP Of
a,�`°`" . Joseph J La
Joseph J LEvetsky DATE
PROFESSIONAL SURVEYOR & MAPPER
FLORIDA REGISTRATION NO 4275
Sheet 1 of ?
A TRUE COPY
EXHIBIT "B-2" CERTIFICATION ON LAST PAGE
RYAN L. BUTLER, CLERK
SKETCH OF
10 FT WIDE CENTERLINE WATER LINE EASEMENT
COUNTY ROAD NO. 606
(OLSO ROAD/9TH STREET SK9
(184' RIGHT-OF-WAYWIDTH PER
P.O.C. FDOTT R/W MAPSECTION 88601-2505.
CORNER COR _ _ _ _ — —DATED 7106120)
_ INDIAN RI _ER - - - -
FARMS CO. - - - - - - - -
ST. LUCIE
COUNTY PLAT
BOOK 2, PAGE
25 n
I
i
0 50 100 200
w OPETRO ECO DIS RI
LC
WEST LINE
OF EAST
I
o PARCEL ID # 33382 0
1 0 000001.0 1' = 200'
112 OF TRACT 2
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STATE FLORIDA
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3394
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ili
—BUIL
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44'58" W 98.05'
Hill
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BUILDING
P.O.B.
10FT. WIDE
EASEMENT NO. 1
rENTERLINE
ATERLINE EASEMENT
N 00'54'54" E 98.60'
N 89'28'47" E 627.50'
— — — — — — — — — — — — — — —
i
WEST LINE OF EAST
112 OF TRACT 2
SOUTH LINE OF TRACT 2
I
NORTH LINE OF TRACT 7
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2026.06.
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mail: jlavetsky lls@
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MATCH LINE PAGE 2
A9-01MT �-
wATEaMAW I
IOP RP .".
I;
20.W WIDE PROPOSEDI. EAST 1/2 TRACT 7, SEC. 25,
GAS LINE EASEMENT
TWP. 33 S, RGE. 38 E
I
I
Ao-au6T h 1;
Tov ont+.
r
.nnu2.>sD I I`
r!
EAST LINE OF EAST 12
OF WEST I2 OF TRACT 1 �•\ 12 OF TRACT
i• `—WEST LINE OF EAST
rwA1 �T i �
TOP PPE •1T1a ):
I
T ACT WEST I/2
OFTRACT 4' PARCEL ID #
T 7, SEC. 25,
TW P. 33 S, RGE. 38 E i 1;
II' 3338250001007000003.0
A6JIDE, (
TO-WATER MAN i -
PPSE=,rp !
NE:
.2.12 M -
ezxe,:zeo I
A&D T I•u
rDP vmER 0.NN is A&1euKT
BEND
Asan r M I, eTA 1o.62.a2 I+ar aT. NORTH LINE OF TRACT 10
N. f+eoseta: SOUTH LINE OF TRACT 7, 6
E eII62D.)1
TA. to•,sas s E� I rov PmE. +e.0 10 60 FEET WIDE ROAD As-eullr
ttwaw.�v BCANAL RESERVATION (P.B. 2, PG. 25) rwATEe MAW
s
P.O.T. NON-EXCLUIVE I .- / IPPF-1111D
GASLIHE EASEMENT zI•(O.R.B. 2546. PG. 2156)-_--_ rwAL3TAT*N 1000 � ----.—'1W
.___.-`
CANAL (I.R.F.W.C.D.)
..._.___. _. N: veo.wa6
GAsl1NE CONNEC110N/ — — Ex161TNG I'WniER MATT — TDP PIPEWNI"_
aullr-
W,e•-E rA .
30.00' WIDE NON-EXCLUSIVE
ACCESS EASEMENT
(O.R.S. 2516. PG. 2182)
TRACT 10, SEC. 25, TWP. 33 S. RGE. 38 E
1�A82ULT
res• 60D
9TA. DrHaO eM.W'
N. ,190/J52J
E: eaDOMS1
A6 -DUCT
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ar.
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w S e�EroP PSE.1e.+e ACCESS EASEMENT
GDRPDaAnDNSroPFDRJUMPER
(O.R.B. 2546. PG. 2162 )
STA. e.Dsae 4eo.0 aT.
e. ezIn
PARCEL ID: $3362500001009000001.0
raP ProE.+92+
INDIAN RIVER COUNTY
I
lR_50'
EXHIBIT "C"
RECORD AND AS -BUILT SURVEY
NOPETRO INDIAN RIVER COUNTY LAND FILL RNG FACILITY.
7625 9TH STREET S.W.
VERO BEACH FL, 32966
SURVEY NOTES:
1) NO SEARCH OF THE PUBLIC RECORDS WAS PERFORMED FOR THE
HEREIN DEPICTED PARCEL OF LAND.
2) THE LAST DATE OF FIELD SURVEY WAS SEPTEMBER 24, 2024.
3) COORDINATES IF SHOWN ARE RELATIVE TO FLORIDA EAST ZONE STATE
PLANE NAO'83.
4) ELEVATIONS IF SHOWN ARE RELATIVE TO NATIONAL GEODETIC VERTICAL
DATUM OF 1958 (NAVD'68) DATUM. THE PRIMARY BENCHMARK IS INDIAN
RIVER COUNTY BENCHMARK SMIODO13 ELEVATION- 22.97 NAVO 86 SITE
BENCHMARK IS AS SHOWN HEREON,
5) BEARINGS SHOWN ARE RELATIVE TO THE GEODETIC GRID,
6) THIS SURVEY IS NOT COVERED BY PROFESSIONAL LIABILITY INSURANCE
7) THIS DRAWING IS INTENDED TO BE PRINTED ON 24' X 36' MEDIA.
8) NO ENCROACHMENTS WERE FOUND, EXCEPTAS SHOWN.
9) NO UNDERGROUND IMPROVEMENTS WERE LOCATED.
LEGEND OF SURVEY
A A
POB = POINT OF BEGINNING
PRM• PERMANENT REFERENCE
MONUMENT
PCP= PERMANENT CONTROL
IR/C : IRON ROD AND CAP
IP . IRON PIPE
D • CENTRAL ANGLE
R= RADIUS
A -ARC LENGTH
r" TIMOTHY ROSE
CONTRACTING_
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ASdURT —� (
C GATE VALVE
STA.2T•93 M T SR' 11 I
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NE:aats.4 (
Tov PIPE •tan,
ASdURT '. li
Y WATER MW
TOP RPE • 16.4 I
EAST LINE OF EAST 112 I,
OF WEST 112 OF TRACT 2 I:
OF WEST 1120F TRACT 2
I'
I:�fir�iEia ��
As.eunT I.
CWER 6"T1
20.W WIDE PROPOSED I•
MATCH LINE PAGE 3
--A%UGIT
OWNER: NOPETRO ECO DISTRICT, LLC ��j; ePw „ENDn exx ]s'RT.
N: tlet]])AD
PARCEL ID# 33382500001002000001.0
e vuvE 1 ' Asauli � PI
9e }60.1C RT. ••
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`---SOUTH LINE OF NOPETRO MANAGEMENT LLC
SITE PER SURVEY BY CPH, LLC.
WEST LINE OF EAST
112 OF TRACT 2
OWNER: INDIAN RIVER ECO DISTRICT, LLC
PARCEL ID #
3338250001007000001.0
OF TRACT
V CHAIN{INK GATE • I' . NORTH LINE OF TRACT 7 PouxD+2e
1: —FOUND 1/CO REBAR 8 CAP gTAwFn
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i �• STATION 23-31.99
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PARCEL ID #
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11I = 50'
EXHIBIT "C"
RECORD AND AS -BUILT SURVEY
NOPETRO INDIAN RIVER COUNTY LAND FILL RNG FACILITY.
7625 9TH STREET S.W.
VERO BEACH FL, 32966
SURVEY NOTES:
1) NO SEARCH OF THE PUBLIC RECORDS WAS PERFORMED FOR THE
HEREIN DEPICTED PARCEL OF LAND.
2) THE UST DATE OF FIELD SURVEY WAS SEPTEMBER 24, 2024.
3) COORDINATES IF SHOWN ARE RELATIVE TO FLORIDA EAST ZONE STATE
PLANE NA '83.
4) ELEVATIONS IF SHOWN ARE RELATIVE TO NATIONAL GEODETIC VERTICAL
DATUM OF 1988 (NAVD'88) DATUM. THE PRIMARY BENCHMARK IS INDIAN
RIVER COUNTY BENCHMARK BMIOOO13 ELEVATION- 22.97 NAVD 88 SITE
BENCHMARK IS AS SHOWN HEREON.
S) BEARINGS SHOWN ARE RELATIVE TO THE GEODETIC GRID.
fi) THIS SURVEY IS NOT COVERED BY PROFESSIONAL LIABILITY INSURANCE
7) THIS DRAWING IS INTENDED TO BE PRINTED ON 24'X 36' MEDIA.
II) NO ENCROACHMENTS WERE FOUND, EXCEPT AS SHOWN.
9) NO UNDERGROUND IMPROVEMENTS WERE LOCATED.
LEGEND OF SURVEY
AB
POB = POINT OF BEGINNING
PRM= PERMANENT REFERENCE
MONUMENT
PCP= PERMANENT CONTROL
IWC = IRON ROD AND CAP
IP • IRON PIPE
D = CENTRAL ANGLE
R = RADIUS
A •ARC LENGTH
IMOTHY ROSE
CONTRACTING
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COUNTY ROAD NO. 606
(OLSO ROAD/9TH STREET SM
(184' RIGHT-OF-WAY WIDTH PER
FOOT RfW MAP SECTION 88601-2505,
DATED 7106120)
FOUND 112*0 REaAR I' CAP 15c
STAMPEDREpRaauv
STATION 36-33.39
1"= 50'
. . . . . . . . . .I
REPRESENTS INFRASYR C TURE BEING SOLD TO I.R.C.
�;4
EXHIBIT "C"
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OWNER: NOPETRO ECOJO STR LLIC VER TY LAND FILL RNG FACILITY.
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PARCEL ID # 76259TH STREET S.W.
z I I I I VERO BEACH FL, 32966
0 33382500001002000001.0
SURVEY NOTES:
1) NO SEARCH OF THE PUBLIC RECORDS WAS PERFORMED FOR THE
EAST LINE OF EAST It, z
OF WEST 1,2 OF TRACT 2 HEREIN DEPICTED PARCEL OF LAND.
OF WEST 112 OF TRACT 2 2� THE LAST DATE OF FIELD SURVEY WAS SEPTEMBER 24, 2024.
•COORDINATES IF SHOWN ARE RELATIVE TO FLORIDA EAST ZONE STATE
x 3PLANE NA '83.
4) ELEVATIONS IF SHOWN ARE RELATIVE TO NATIONAL GEODETIC VERTICAL
;,v.
DATUM OF 1988 (NAVD
'88) DATUM. THE PRIMARY BENCHMARK IS INDIAN
RIVER COUNTY BENCHMARK 13MI00013 ELEVATION- 22,97NAVO 88 SITE
D11
. ..... BENCHMARK IS AS SHOWN HEREON.
—T ELEV.- 2-1— 5� BEARINGS SHOWN ARE RELATIVE TO THE GEODETIC GRID.
THIS SURVEY IS NOT COVERED By PROFESSIONAL LIABILITY INSURANCE
sT& E 7) THIS DRAWING IS INTENDED TO BE PRINTED ON 24"X 36' MEDIA
,�N ENCROACHMENTS WERE FOUND, FXCEPTAS SHOWN
7— NO UNDERGROUND IMPROVEMENTS WERE LOCATED.
WEST LEGEND OF SURVEY
ST
OF ST N. 4, �T
112 OF TRACT 2 Nol ABBREVIATT
- — --------- — — I : E: manam
POS -POINT OF BEGINNING
PRM - PERMANENT REFERENCE
STA-35-82.1— MONUMENT
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—114.01) .21-YI IRIC IRON ROD AND CAP
'1, 11 E: X IP IRON PIPE
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MATCH LINE PAGE 2 CONTRACTING
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A TRUE COPY
CERTIFICATION ON LAST PAGE
RYAN L. BUTLER, CLERK
RIDER TO EASEMENT AND BILL OF SALE OF UTILITY FACILITIES
This Rider is attached to and made a part of that certain Easement and Bill of Sale
of Utility Facilities dated July 17 , 2026 (the "Easement"), from NOPETRO ECO
DISTRICT, LLC, a Florida limited liability company ("GRANTOR") to INDIAN RIVER
COUNTY, FLORIDA, a political subdivision of the State of Florida ("GRANTEE"). The
Easement is hereby amended and supplemented as follows:
1. Limited Scope of Conveyance. Notwithstanding any language to the contrary,
the conveyance and sale of utility facilities described in the first paragraph of the
Easement is expressly limited to the portion of the water system improvements
specifically described in Exhibit "C" (the "Utility Facilities") that is located within the
easement area as legally described on Exhibit "B-1" and depicted on Exhibit "B-2" and
located on the Grantor's property legally described in Exhibit "A" (the "Property"). No other
utility facilities, infrastructure, or improvements located elsewhere on the Property are
conveyed hereby.
2. County Maintenance Obligations. Following acceptance of the Utility Facilities
by GRANTEE, GRANTEE shall be responsible, at its sole cost and expense, for the
ongoing testing, maintenance, repair, and replacement of the Utility Facilities conveyed
herein. GRANTEE acknowledges that the Utility Facilities are essential infrastructure and
agrees to maintain the same in good working order and condition (ordinary wear and tear
excepted), and in compliance with all applicable laws and regulations.
3. Mortgage Acknowledgment. The warranty contained in the second paragraph of
the Easement (beginning "And GRANTOR hereby warrants...") is modified to provide that
such warranty of title is subject to and except for that certain Construction Mortgage,
Assignment of Leases and Rents, Security Agreement and Fixture Filing recorded April
10, 2024 in Official Records Book 3689, Page 1455, Public Records of Indian River
County, Florida, in favor of Pathward, N.A., as mortgagee (the "Mortgage"), which
Mortgage is being subordinated to this Easement as evidenced by the Consent and
Joinder to Easement by First Mortgagee executed by Pathward, N.A. simultaneously
herewith. Further that GRANTOR warrants that all persons or entities which have
supplied labor or materials with respect to the Utility Facilities in the easement area have
been paid in full and that none of them has recorded a claim of lien against the easement
area with respect thereto.
4. Rebuild and Restoration Rights. This Easement shall not limit or impair
GRANTOR's right, or the right of any mortgagee or successor in interest, to rebuild,
restore, or reconstruct any improvements on the Property following any casualty,
condemnation, or other loss, so long as there are no structures placed within the
easement area. Should Grantor seek to rebuild over the easement area, prior approval
shall be sought by the GRANTEE's utilities director along with the execution of a hold
harmless that is approved by the County Attorney, limited to claims arising from
construction activities in proximity to the Utility Facilities; provided, however, that such
agreement shall exclude any claims arising out of or relating to the activities, use, or
APPROVgD AS TO FORM
AND LEG L S CI CY
{00126035.6}
BY
SUSAN J. PRADO
DEPUTY COUNTY ATTORNEY
A TRUE COPY
CERTIFICATION ON LAST PAGE
RYAN L. BUTLER, CLERK
occupancy of the easement area by GRANTEE or its employees, agents, contractors,
invitees, successors, or assigns, including, without limitation, claims resulting from the
gross negligence or willful misconduct of any of the foregoing.
5. Non -Interference and Coordination. GRANTEE shall exercise its rights under
the Easement in a manner that does not unreasonably or materially interfere with
GRANTOR's use, access, or operation of the Property. Except in the event of an
emergency, GRANTEE shall provide GRANTOR with reasonable advance written notice
prior to entering the Property to perform construction, maintenance, or repair activities
and shall reasonably coordinate the timing and manner of such activities with GRANTOR
so as to minimize disruption to GRANTOR's ongoing operations.
6. Abandonment of Utility Facilities. In the event GRANTEE determines that any
portion of the Utility Facilities is no longer necessary for public utility purposes and
permanently discontinues use thereof, GRANTEE shall provide GRANTOR with written
notice of such abandonment. Following abandonment, GRANTOR shall allow GRANTEE
to leave the Utility Facilities in place in a safe, capped, and non -operational condition, free
of any continuing maintenance or operational obligation on the part of GRANTOR. Upon
abandonment and permanent discontinued use of any portion of the Utility Facilities, the
easement rights applicable solely to such abandoned facilities shall automatically
terminate and the GRANTOR and GRANTEE shall file for record in the Public Records of
Indian River County, Florida an amendment to this Easement reflecting such abandoned
facilities.
7. Relocation of Utility Facilities. If, in connection with GRANTOR's future
development, reconstruction, or improvement of the Property, it becomes reasonably
necessary to relocate any portion of the Utility Facilities, GRANTOR may request such
relocation by written notice to GRANTEE, accompanied by reasonable supporting
information. GRANTEE shall cooperate in good faith with GRANTOR to evaluate the
feasibility of such relocation. Any relocation shall be subject to GRANTEE's reasonable
engineering standards and applicable governmental requirements. Unless otherwise
agreed by the parties in writing, all costs associated with any relocation shall be borne by
GRANTOR.
8. Indemnification by Grantee. To the extent permitted by applicable law,
GRANTEE shall indemnify and hold harmless GRANTOR and its successors and assigns
(including any mortgagee) from and against any and all claims, damages, losses,
expenses, liens, judgments and suits arising out of the negligent acts or omissions of
GRANTEE, or its contractors, employees or agents, in connection with GRANTEE's
exercise of rights under the Easement, including, without limitation, in connection with
any liens or claims arising from work performed by or on behalf of GRANTEE within the
easement area. GRANTEE shall keep the Property free from liens arising from its work
and maintenance and shall promptly discharge any lien filed against the Property by or
through GRANTEE or its contractors, employees or agents. Nothing herein shall be
construed as a waiver of GRANTEE's sovereign immunity or limitations under Section
{00126035.6} 2
A TRUE COPY
CERTIFICATION ON LAST PAGE
RYAN L. BUTLER, CLERK
768.28, Florida Statutes. This indemnification shall survive the termination or conveyance
of the Utility Facilities and shall be binding upon GRANTEE's successors and assigns.
9. Notice and Cure. In the event GRANTOR fails to perform any obligation under
this Easement (including but not limited to the warranty provisions), GRANTEE shall
provide written notice to GRANTOR and to Pathward, N.A. (or any successor mortgagee
of record) at the addresses specified below. GRANTOR shall have thirty (30) days from
receipt of such notice (or such longer period as may be reasonably necessary for
obligations that cannot reasonably be cured within thirty days, provided GRANTOR
commences the cure within such thirty -day period and diligently pursues the cure to
completion) to cure such failure before GRANTEE may exercise any remedies available
under this Easement or applicable law. Notices to Pathward, N.A. shall be sent to:
Pathward, N.A. 5480 Corporate Drive, Suite 350 Troy, Michigan 48098 Attn: Structured
Finance Portfolio Department.
10. Miscellaneous. (a) Except as expressly modified by this Rider, all terms and
conditions of the Easement remain in full force and effect. (b) In the event of any conflict
between the provisions of this Rider and the Easement, the provisions of this Rider shall
control. (c) This Rider shall be binding upon and inure to the benefit of the parties hereto
and their respective successors and assigns. (d) This Rider shall be deemed to run with
the land and shall be recorded in the Public Records of Indian River County, Florida. (e)
This Easement may not be amended, modified, supplemented or assigned, in whole or
in part, except by written instrument executed by both GRANTEE and GRANTOR, with
prior written consent of any mortgagee of record, and recorded in the Public Records of
Indian River County, Florida. (f) This Easement shall be construed and enforced in
accordance with the laws of the State of Florida, without regard to its conflict of laws
principles. Any legal action or proceeding arising out of or relating to this Easement shall
be brought exclusively in the state courts located in Indian River County, Florida, or in the
United States District Court for the Southern District of Florida, and the parties hereby
consent to the jurisdiction and venue of such courts. EACH PARTY WAIVES ANY RIGHT
TO TRIAL BY JURY IN ANY ACTION OR PROCEEDING ARISING OUT OF OR
RELATING TO THIS EASEMENT.
(Signature blocks and notary acknowledgments to follow)
{00126035.6} 3
A TRUE COPY
CERTIFICATION ON LAST PAGE
RYAN L. BUTLER, CLERK
GRANTOR:
NOPETRO ECO DISTRICT, LLC,
a Florida limited liability company
By:
Print OFTitle:Addre'^a✓�
Signed, sealed, and delivered in the presence of the following witnesses:
Sign:
Print Name:�c�4A
Address: Sd 5p Zv*'-cl,
"., cwt -C4
Sign:
Print Name: ' Y L
Address: �� �.
cA" % L 351
NOTARY ACKNOWLEDGMENT
STATE OF CA.,
COUNTY OF MJ iUMI
The foregoing instrument was acknowledged before me by means of physical presence
or online notarization, this _11?) day of�2026, by Jorge Herrera, as Manager
of NOPETRO ECO DISTRICT, LLC, a Florida limited liability company, who executed on
behalf of and with the authority of said entity. He is personally known to me or has
produced as identification.
(00126035,6} [Signature page - Rider to Easement and Bill of Sale of Utility Facilities)
Notary Public Sign ure-
[AFFIX NOTARY SEAL]
Print Notary Name ,
Commission No.:
a �• SAYURIPONS
My Commission Expires: oaQ)aey�2 7s -
* *Commission#HH607171
rn'l"OF
F�pQ\O� Expires October 28, 2028
(00126035,6} [Signature page - Rider to Easement and Bill of Sale of Utility Facilities)
A TRUE COPY
CERTIFICATION ON LAST PAGE
RYAN L. SUTLER, CLERK
Lei 7_\meja
NOPETRO ECO DISTRICT, LLC,
a Florida limited liability company
By: /2�
Print N Iain Castro
Title: Manager
Address: 7207 Bay Drive, unit 12
nAiami BeaahFl- 33141
f
Signed,_X: ed and delivered in the presence of the following witnesses:
Sign:
Print N me:
Address:
Sign: --_u
Print Name:
AddressIVI
Qiamqeach FL 33141
NOTARY ACKNOWLEDGMENT
STATE OF Florida
COUNTY OF rowar
The foreaoina instrument was acknowledged before me by means of physical presence
or nline notarizatio N this 23rdby of June , 2026, by Alain Castro, as Manager of
NOPET C�O DISTRICT, LLC, a Florida limited liability company, who executed on
behalf of and with the cluthorit of said entity. He is personally known to me or has
produced Driver License as identification.
4!
Notary Public Signature: [AFFIX NOTARY SEAL]
Print Notary Name: Gralg aoU
Commission No.: HH 526302
_ _ "VtY Pue .. Graig RdOJI
My Commission Expires: i p Notary Public State of Florida
yr �c Commission WHH 5263C2
Commission Expires on
.. "of Flo , Jun 8. 2028
{00126035.6} [Signature page - Rider to Easement and Bill of Sale of Utility Facilities]
Online notarization performed via audio/video communication
GRANTEE:
,
I
INDIAN RIVER COUNTY �+�°t` n .s
a political subdiv' ion of the Stat( `6 F'i da
By:
Print Name: >sryl loar -T
Title: Qllirn>
Address: 1801 27th Street, Vertu Bim,°�fs�L...•
32960
STATE OF FLORGA
INDIAN RIVER COUNTY
THIS IS TO CERTIFY THAT TENS IS A TRUE AND CORRECT
COPY OF THE ORIGINAL OH FILE IN THIS OFFICE
_ i RYAN L. BUTMRSJ.ERIK , C
DATEQrl
Attest: Ryan L. Butler, Clerk of
Circuit Court and Comptroller
By:
eputy Clerk
Signed, sealed, 4ro/delivered in the presence of the following witnesses:
Sign:
14", 6" 1,., K yy'. "',' ,—
Print Name: Kirrh�rl • Nbirano
Address: 1801 27th Street, Vero Beach, FL
32960
NOTARY ACKNOWLEDGMENT
STATE OF FI1MM)�
COUNTY OF Pu AN Rim
The foregoing instrument was acknowledged before me by means of physical presence
or online notarization, this 17th day of Jules , 2026, by leryl Loan , as
Omirffm of INDIAN RIVER COUNTY, apolitical subdivision of the State of Florida, who
executed on behalf of the County and with the authority of the County. He/she is
personally known to me or has produced N/A as identification.
Notary Public Signature. I�•�.f�-/��/ili �, %v��° [AFFIX NOTARY SEAL]
Print Notary Name: Kimherly K. Nbir.-W
Commission No.: HH 368125
My Commission Expires: Axil 27, 2027'1fie; KIMBERLY K.MOIRANO
=« :•= MY COMMISSION M HH 368125
PAS EXPIRES: April 9, 2027
(00126035.6) [Signature page - Rider to Easement and Bill of Sale of Utility Facilities]