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HomeMy WebLinkAbout2026-175Part of Tax Parcel I D - 32-39-25-00000-5000-00003/4 Project. Verity -Riverton Easement Prepared by and return to: Office of County Attorney INDIAN RIVER COUNTY 1801 27" Street Vero Beach, FL 32960 772-226-1425 3120260045478 RECORDED IN THE PUBLIC RECORDS OF RYAN L. BUTLER, CLERK OF COURT INDIAN RIVER COUNTY FL BK: 3890 PG: 2028 Page 1 of 5 9/24/2026 11:59 AM D DOCTAX PD $0.70 UTILITY EASEMENT THIS GRANT OF UTILITY EASEMENT, made and executed this z6 day of4O1/ST , 2026, by TTRES FL Vero Beach 11th, LLC, a Delaware limited liability corfipany, whose mailing address is 901 Wabash Avenue, Suite 300, Terre Haute, IN 47807, 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, a perpetual utility easement over, across and under the following described land, situate in Indian River County, Florida, to -wit: See Exhibit "A" attached hereto. 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. IN WITNESS WHEREOF, the GRANTOR has hereunto set GRANTOR'S hand and seal the day and year first above written. [Signatures to Follow on Next Page] APPROVE AS TO -FORM AND LEG $&WIENCY BY 'QSAN J. PRAD6- DEPUTY COUNTY ATTORNEY Signed, sealed and delivered in the presence of: TTRES F a Delaw Signature: By: Printed Name: n Printed Address: Title: .4,(� $ Address: Signature:: t Printed Nafne: Address: 3702 .5r 1_f vctlL, Lk , ►9,o f- B I C��,r�c 1 tv its �i �i STATE OF COUNTY OF h 11th, LLC, Virility company �?tifir�� /XW �6,Z61 The foregoing instrument was acknowledged before me, by means of Gd"physical presence or ❑ online notarization, this 2h day of US , 2026 by WQ ' $'OY W 7F77/ the of TTRES FL Vero Beach 11th, LLC, a Delaware limited lia ility company, who executed on behalf of and with the authority of said entity, and who is personally known or El produced identification in the form of NOTARIAL SEAL: NOTARY a• PUBLIC ° SEAL ;1 jOfl �'�isl'S°� Nu bey �,• �P� NOTARY PUBLIC 'wo at. F ' . Printed name: '/�Pt/CL Commission 0.: 73a750 Commission expiration: /O7 CONSENT AND JOINDER TO EASEMENT BY MORTGAGEE First Merchants Bank, an Indiana Bank (Mortgagee), having an address of 200 E Jackson St., Muncie, IN 47305, the owner and holder of that certain financing document upon land described therein, situated in Indian River County, Florida, by virtue of: Construction Mortgage, Security Agreement, Assignment of Leases and Rents and Fixture Filing in favor of First Merchants Bank recorded April 11, 2024, in Official Records Book 3689, Page 2461, together with Assignment of Rents and Leases recorded in Official Records Book 3689, Page 2491 of the Public Records of Indian River County, Florida, hereby consents and joins in the making of the 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 27th Street, Vero Beach, Florida 32960, by TIRES FL Vero Beach 11th, LLC, a Delaware limited liability company (Mortgagor), whose mailing address is 901 Wabash Avenue, Suite 300, Terre Haute, IN 47807. 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: —� Signature- Printed Name: v OV 4vt` Address: 6-C��l ¢� _o 2.o(P.L T Signature:►, Printed Name: p 5 Address: l o e e, STATE OF ZGnvL COUNTY OF (&Ls' Na First Merchants Bank, an Indiana Bank By: �.1 -- X W Printed N` acne: O wIr Title: tl < 00 Address: tU o - '4&4° ` a> o zo Ow - D} Cr_$ �1- ao 0 << m o THE FOREGOING INSTRUMENT was acknowledged before me by means of physical presence or ' "" ' day 2026, by online notarization, this of 2�� `Tanr.a. TCam? 1t the � ; ��� .� c r of First Merchants Bank, an Indiana Bank, who executed on behalf of and with the authority of said bank, and who [D is personally known to me, or ❑ produced as identification. NOTARIAL SEAL: Miranda Crook, Notary Public — — r Hamilton County, State of Indiana S_EA_L Commission No: NP0743881 My Commission Expires 09/22/2030 �NDiANP NOTARY PUBLIC 11D\ `r23 Printed Name: ; c c Ci,.r„k_ Commission No.: 3t'6 Commission expiration: OD Docuslgn Envelope ID: 00255E0E-EE20-412B-AFA9-7238790F744C SKETCH OF LEGAL DESCRIPTION EXHIBIT "A" • SKETCH OF DESCRIPTION - NOT A FIELD BOUNDARY SURVEY * THIS SURVEY PERFORMED BY: HOUSTON, SCHULKE, BITTLE & STODDARD, INC. L.B.#6905 d.b.o. MERIDIAN LAND SURVEYORS 1717 INDIAN RIVER BOULEVARD, SUITE 201 VERO BEACH, FLORIDA 32960 ' PROFESSIONAL SURVEYOR & MAPPER IN RESPONSIBLE CHARGE: BILLY M. MOODY P.S.M.# 5336 LEGAL DESCRIPTION AN EASEMENT BEING A PORTION OF LAND LYING IN THE SOUTHWEST 1/4 OF THE SOUTHWEST 114 OF SECTION 25, TOWNSHIP 32 SOUTH, RANGE 39 EAST AND BEING MORE PARTICULARLY BOUNDED AND DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF THE NORTHWEST 1/4 OF THE SOUTHWEST 1/4 OF SAID SECTION 25 RUN N89°58'14"E, ALONG THE SOUTH LINE OF THE NORTHWEST 1/4 OF THE SOUTHWEST 1/4 OF SAID SECTION 25, FOR A DISTANCE OF 30.00 FEET TO THE INTERSECTION OF SAID SOUTH LINE AND THE EAST RIGHT -OF WAY -LINE OF 11TH DRIVE AS RECORDED IN OFFICIAL RECORDS BOOK 3275, PAGE 770, OF THE PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA, AND THE POINT OF BEGINNING OF THE HEREIN DESCRIBED EASEMENT: FROM THE POINT OF BEGINNING, CONTINUE N89°58'14"E, ALONG SAID SOUTH LINE, FOR A DISTANCE OF 27.49 FEET TO A POINT; THENCE DEPART SAID SOUTH LINE AND RUN S09°02'02"W FOR A DISTANCE OF 45.22 FEET TO A POINT; THENCE RUN S00°08'35"W FOR A DISTANCE OF 19.24 FEET TO A POINT; THENCE RUN N89°51'25"W FOR A DISTANCE OF 20.50 FEET TO A POINT ON THE EAST RIGHT-OF-WAY LINE OF 11TH DRIVE; THENCE RUN N00°08'35"E, ALONG SAID EAST RIGHT-OF-WAY LINE, FOR A DISTANCE OF 63 84 FEET TO THE POINT OF BEGINNING. SAID EASEMENT CONTAINS APPROXIMATELY 0.03 ACRES (1,465.42 SQ./FT.), MORE OR LESS. NOTE: THE BASIS OF BEARING FOR THIS SKETCH OF DESCRIPTION IS SOO-08'35-W, ALONG THE WEST UNE OF SECTION 25-T32S-R39E. ALL OTHER BEARINGS SHOWN ARE RELATIVE THERETO. ABBREVIATIONS: P.B. - OFFICIAL RECORDS BOOK P.C. - PAGE P.0.8. - POINT OF COMMENCEMENT P.0.8. - POINT OF BEGINNING P.O.T. - POINT OF TERMINUS R/W - RIGHT-OF-WAY SKETCH OF DESCA��7'C IS NOT VALID WITHOUT THE SIGNATURE AND SEAL OF THE FLORIDA MERIDIAN \��\\\\�{LIf�IC/f////��.0 LICENSED SURV�O�R a _I ", W ' PSk ////MED BELOW. LTHIS LAND sE R ® , 17171NDIAN RIVER BLVD, SUTI'E 201 BLVD, VERO BEACH, FL. 32960 LB#6905 PHONE: 772-794-1213, FAX 772-7941096 �� = 8/1/202 S EMAIL: INFO@MLS-LB6905.COM 000 _ ` BILLY M. MG ±. \ P.S.M Docusign Envelope ID: 00255E0E-EE20-4126-AFA9.7238790F744C SKETCH OF LEGAL DESCRIPTION EXHIBIT "A" PROJ.# 23-092 - ilfBY 1/4 ODA1R6 � I UT 1/4O TOOA 1/4 NORTH SCALE: 1" = 50' P 0 0 U, W N Z cy I W Z u3: 14 W I �$ 7 8 Iasi 3 Z� v W (0L.? ;7(111 W 3 7 6000 30.00 30.00' ROAD R/W PER (ORB 3275. PG. 770) P. 0. C. SW CORNER OF THE NW K 0 rP. 0. B. THE SW 3'4 OF SEC.25-T92S-R99E L1 S LINE OF THE NW 1/4 OF THE SW 1/4 N895814E 589.58'14W 30.00' cy J U') J — I J UTILITY EASEMENT L4 _ I Ig I I I I� _ I 20.50' EXISTING UTILITY EASEMENT /3 Line Table PER UCP #3579 Line # Length Direction L1 27.49 N89°58'14"E L2 45.22 S09°02'02' W L3 19.24 S00°08'35"W L4 20.50 N89°5125W L5 63.84 N00°08'35"E MERIDIAN Ilk LAND SURVEYORS 1717 INDIAN RIVER BLVD, SUITE 201 VERO BEACH, FL. 32960 LB#6905 PHONE: 772-794-1213, FAX: 772-794-1096 EMAIL: INFO@MLS-LB6905.COM 'Af).,.>uc nru.,;7nuiiaoU . THIS SKETCH OF DESCRIPTION ARE NOT VAUD WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF THE FLORIDA REGISTERED SURVEYOR AND MAPPER NAMED HEREON WHICH SIGNATURE AND SEAL MAY BE FOUND AT THE END OF THE ATTACHED REPORT. THE PLAT AND REPORT ARE NOT FULL AND COMPLETE WITHOUT ONE ANOTHER. Nadia Westerik From: Nadia Westerik Sent: Monday, September 28, 2026 3:23 PM To: cbcc-mail@indianriverclerk.com Cc: Susan J. Prado; Nicholas Ackison; Jason Brown; Dallas Raynor Subject: Original Document - Verity Riverton Utility Easement Attachments: Easement mtgee consent - Verity -Riverton - Recorded.pdf Good Afternoon: Please see attached a copy of the utility easement, the original has been delivered to your office. There is no related agenda item. Nadia Westerik Development & Real Property Manager Office of the County Attorney 1801 27`h Street, Vero Beach FL 32960 Email: nwesterikPindianriver.gov Phone: (772) 226-1580 PLEASE NOTE: Florida has a very broad public records law. Most written communications to or from County officials regarding county business are considered to be public records and will be made available to the public and the media upon request. Your email messages may, therefore, be subject to public disclosure. 1