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Home My WebLink About2016-071 iC '� I A { FAC Prepared by and return to: I MI I ri City Attorney P.O. Box 1389 Vero Beach, FL 32961-1389 UTILITY EASEMENT DEED (2016-EG-0176) THIS INDENTURE made and entered into this 17th day of May 2016, by and between INDIAN RIVER COUNTY, a political subdivision of the State of Florida (the "Grantor"), whose mailing address is 1801 27th Street, Building A (South), Vero Beach, FL 32960, and the CITY OF VERO BEACH, a Florida municipal corporation (the "Grantee"), whose mailing address is P.O. Box 1389, Vero Beach, FL 32961-1389: (Wherever used herein the terms "Grantor" and "Grantee" include all the parties to this instrument and their respective heirs, legal representatives, successors and assigns.) WITNESSETH: That Grantor is the owner in fee simple of that certain real property (the "Property") lying, situate and being in Indian River County, Florida and more particularly described as See Exhibit "A" attached hereto and incorporated herein by this reference (pursuant to Quitclaim Deed dated March 7, 2013, recorded in Official Record Book 2651 at Page 1029, Public Records of Indian River County, Florida). That Grantor, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, hereby grants to the Grantee, its successors and assigns, a non-exclusive easement in perpetuity for utility purposes, more particularly described in Exhibit "B" (the "Easement"), attached hereto and incorporated herein by reference, which shall run with and be a burden upon the Property. Grantor hereby reserves for itself, it successors, and assigns the right to use the Premises for purposes not inconsistent with the Easement granted herein, including without limitation, the right of ingress, egress and passage by Grantor and its employees, agents, customers, and invitees, over, across, and through the Easement, and the right to pave, sod and install minor landscaping (but not trees) within the Easement. Notwithstanding the foregoing to the contrary, Grantor shall not install, nor allow the installation of trees, buildings, or other vertical structures within the Easement. In addition, Grantor shall coordinate with Grantee the location and installation of any additional other utility lines and/or facilities to be placed in the Easement and any additional utility lines and facilities to cross and intersect the Easement in order to facilitate the orderly development of Grantor's Property and avoid damage or disruption to the utility facilities and lines provided for in this grant of easement. Should the Grantor plant or construct improvements which interfere with the Easement rights granted herein, such improvements shall be subject to removal or destruction by the Grantee, without liability or responsibility thereof on the part of the Grantee. Grantor further grants to the Grantee, its agents, employees, contractors, and assigns, a general ingress/egress easement over and across the driveways, parking, common and open areas of the Property Page 1 of 4 N:\Client Docs\Water&Sewer\Easements\2016.03.29.IRC.boys.girls.club.utility.wrc.doc Ili '7, wherein the Easement is located for the purpose of access to, and or maintenance of, any of the Grantee's utility lines, equipment, and facilities. Grantee shall not be otherwise responsible for maintenance of the Easement. The undersigned hereby covenants and warrants that Grantor owns the said land described herein and the undersigned, as or on behalf of Grantor,has the right to grant this Easement. IN WITNESS WHEREOF, the Grantor has duly authorized and caused this Indenture to be executed in its name as of the day and year first herein written. Attest: Jeffrey R. Smith, Clerk of GRANTOR: Circuit Court and Comptroller .••• •rL i 4N RIVER COUNTY,FLORIDA, b'' .,.!lard of County Commissioners f Depity CIek ',y•. �S eb Solari, Chairman . •.BCC approved: May 17, 2016 STATE OF FLORIDA COUNTY OF INDIAN RIVER The foregoing instrument was acknowledged before me this 17th day of May 2016, by Bob Solari, as Chairman, and attested by Terri Collins-Lister , as Deputy Clerk, of the Board of County Commissioners of Indian River County, Florida. They are personally known to me. NOTARY •'BLIC Print Name: Misty L. Pursel Commission No.: FF65450 My Commission Expires: 1/11/18 Approved as to form and legal sufficiency: 41 f4 V! '' � 1 / V(//,/ William K. DeBraal Deputy County Attorney Page 2 of 4 N:\Client Docs\Water&Sewer\Easements\20I6.03.29.IRC.boys.girls.club.utility.wrc.doc E;E C :1 LAST PAGE LESSEE JOINDER AND APPROVAL J.R. The Boys & Girls Club of Indian River County, Inc. ("Lessee"), as Lessee in possession of the real property subject of the foregoing Utility Easement Deed (2016-EG-0176) pursuant to that certain Non-Profit Lease between Indian River County and Lessee dated September 1, 2008, does hereby join and approve the conveyance of the subject utility easement provided for in said deed and acknowledges said encumbrance against the subject property, and the Lessee being bound thereby as evidenced by the signature of the undersigned, who is authorized to approve the conveyance on behalf of the Lessee. WITNESS: BOYS & GIRLS CLUB OF INDIAN RIVER COUNT, C. Sign: 1-:&0__,_) & Print Name: rck.c (3o Q4c J i,Ys 4 William Mum n / Co-Chairma ,1 Sign: 14 . 44Print ame. r 1110.1 STATE OF FLORIDA COUNTY OF INDIAN RIVER The foregoing Lessee Approval of Conveyance was acknowledged before me this 3'd day of inCt , 2016 by William Munn, as Co-Chairman, of Boys & Girls Club of Indian River County, Inc.OOHe is known to me or provided as identification. 6:7 •�;;e:7%�M1 PHYLUS A 5CNNEVOER NOTA' Y PUBLIC :� , MYCOMMISSIONIiFF937241 �� '�' EXPIRES:March 5 2020 Print Name: X4///5 f'► ' nne( ;gypa' BondedTh,,,, ,P„eec,ioa. on. Commission f f ° y My Commission Expires: Page 3 of 4 N:\Client Docs\Water&Sewer\Easements\2016.03.29.IRC.boys.girls.club.utility.wrc.doc ACCEPTANCE OF CONVEYANCE The foregoing conveyance is hereby accepted by the City of Vero Beach, Florida, as evidenced by the signature of the undersigned, who is authorized to accept this conveyance. ATTEST: CITY OF VERO BEACH Tammy K. Vock James R. O'Connor City Clerk City Manager [SEAL] Date: STATE OF FLORIDA COUNTY OF INDIAN RIVER The foregoing Acceptance of Conveyance was acknowledged before me this day of , 2016 by James R. O'Connor, as City Manager, and attested by Tammy K. Vock, as City Clerk, of the City of Vero Beach, Florida. They are both known to me. NOTARY PUBLIC Print Name: Commission No.: My Commission Expires: Approved as to form and legal sufficiency: Approved as to technical requirements: Wayne R. Coment Robert J. Bolton City Attorney Director, Water & Sewer Page 4 of 4 N:\Client Docs\Water&Sewer\Easements\20I6.03.29.IRC.boys.girls.club.utility.wrc.doc IT C::'Y A'2. ,.. EXHIBIT"A" LEGAL DESCRIPTION Commence at the Southwest corner of the Southeast quarter of Section 2, Township 33 South, Range 39 East and run S 89°22' E along the section line 978.48 feet to a point. Then run N. 0' 56' 45"E along the centerline of 17th Avenue 788.52 feet to a point. Then run N 89'23' 57"W 35.00 feet to the West line of 17th Avenue and a POINT OF BEGINNING. Then rut'N 89'23' 57"W 495.47 feet to a point. Then run N 0° 26' 20"E 480.00 feet to a point. Then run S 89° 07' 53"E 499.59 feet to a point. Then run S 0° 56' 45" W 477.62 feet to the POINT OF BEGINNING. LESS AND EXCEPT the following tracts leased to St. Francis Manor: PARCEL"A": From the Northwest corner of Southwest Quarter of the Southeast Quarter of Section 2, Township 33 South, Range 39 East, run South 89° 05' 40" East 80 feet; thence South 0' 36' 20" West 75 feet; thence South 89° 05' 40" East 375 feet to the POINT OF BEGINNING of the parcel to be herein described; from point of beginning continue South 89° 05' 40" East 50 feet;thence South 0° 26' 20" West 62.65 feet; thence South 68° 29' 40" East 20.92 feet; thence South 3T 09' 40" East 48.30 feet;thence South 6° 42' 40"East 53.75 feet;thence South 22° 04' 20" West 77.40 feet; thence South 58' 14' 20" West 67.60 feet; thence South 790 29' 20" West 20.33 feet;thence North 0' 26' 20" East 274 feet to point of beginning. All in Section 2, Township 33 South, Range 39 East, Indian River County,Florida,containing 0.47 acres more or less. PARCEL."B": From the Northwest corner of Southwest Quarter of the Southeast Quarter of Section 2, Township 33 South, Range 39 East, run South 89' 05' 40" East 80 feet; thence South 0' 26' 20" West 75 feet; thence South 89° 05' 40"East 375 feet thence South 0° 26' 20"West 299 feet to POINT OF BEGINNING; thence South 89° 22' 00" East 30 feet; thence South 0' 26' 20" West 181 feet; thence North 89' 22' 00" West 30 feet; thence North 0° 26' 20" East 181 feet to point of beginning. All in Section 2, Township 33 South, Range 39 East, Indian River County, Florida,containing 0.13 acres more or less; Also, LESS and EXCEPT the following described parcel: Commence at SW corner of the Southeast quarter of Section 2,Township 33 South, Range 39 East and run S 89° 22' E along the section line 978.48 feet. Then run N 0. 56' 45" E along the centerline of 17th Avenue 1126.14 feet to a point. Then run N 89' 07' 53" W 35 feet to a POINT OF BEGINNING. Then run N 89° 07' 53" W 318.00 feet to a point. Then run N 0' 56' 45" E 140 feet to a point. Then run S 89' 07' 53"E 318.00 feet to a point. Then run S 0° 56'45"W 140 feet to the POINT OF BEGINNING. Containing 1.02 acres more or less. A- ; rr 4`' 1 Property Description IRC/Boys and Girls Club of IRC (#2016-EG-0176) March 18,2016 EXHIBIT "B" PROPERTY DESCRIPTION UTILITY EASEMENT #2016-EG-0176 PARCEL#33-39-02-00000-7000-00001.4 Situated in the State of Florida, County of Indian River, City of Vero Beach and being a part of Section 02, Township 33 South, Range 39 East and being more particularly bounded and described as follows: Commencing at the southwest corner of the southeast 1/4 of Section 2, Township 33 South, Range 39 East; Thence South 89°40'29" East along the south line of said southeast 1/4 of Section 2 for a distance of 978.48 feet to an intersection with the centerline of 17th Avenue: Thence North 00°38'27" East along said centerline of 17th Avenue for a distance of 758.52 feet: Thence North 89°42'26"West for a distance of 35.00 feet to a point on west right- of-way of 17th Avenue: Thence North 00°38'16" East along said west right-of-way of 17th Avenue for a distance of 198.21 feet to the Point of Beginning of a 10' wide utility easement; Thence from the Point of Beginning continue North 00°38'16" East along said west right-of-way of 17th Avenue for a distance of 10.00 feet; Thence North 88°47'46"West for a distance of 83.68 feet; Thence South 00°01'53"West for a distance of 73.14 feet; Thence South 85°26'03" East for a distance of 29.28 feet; Thence North 04°33'57" East for a distance of 10.00 feet; Thence North 85°26'03"West for a distance of 20.04 feet; Thence North 00°01'53" East for a distance of 53.69 feet; Thence South 88°47'46" East for a distance of 73.57 feet to the Point of Beginning: Said easement containing 1,668 square feet more or less. 1) David R. Gay, PS w oF:. ..,7.. o a.., , / > :a `'� �; '' ` . c d :v✓ o' ti o : S:1Property Descriptions12016\2016-EG-0176_Ir2C-Boys&Girls Club_Easement_Mar 18 2016.doc : 0 `) ` ti( o�•' ? hEms, ) Sheet 1 of 2 ,;�9..btu r",004% , STATE OF FLORIDA INDIAN RIVER COUNTY GOhitivi" THIS IS TO CERTIFY THAT THIS ice: •;�� .. S. ATR E AND( n RFCT nnPV nF ....,.. .‘...tie. S �HERIGINAL ON FILE IN THIS• • \� -,�I3FF1 E. • .I*.' 4�1`j+iJ J �JF�FFRFY R SMITH.CLERK INDIAN RIVER COUNTY PROPERTY' : „.,,;-• = �/ -- - '... LEASED TO: '?J• ;i' :DatE I av 1 (, I BOYS AND GIRLS CLUB OF '..-*-. _` � •.N- N INDIAN RIVER COUNTY, INC. ••FRCouci '' , II II SCALE 1"= 50' I 1 I NO0'38'16"E 10.00' N88'47'46"W 83.68' ' SUBJECT EASEMENT Pr�'rj"�� POINT OF BEGINNING (10' UTILITY) 588'47'46"E 73.57' 1 (10' UTILITY EASEMENT) SO0'01'53"W- NO0'01'53"E 73.14' 53.69' I 1 1725 17TH AVENUE 10' / N85'26'03'W 1 20.04' I w 33-39--02--00000-7000--00001.4 AIMD ^ w N04'33'57"E I w I 10.00' ' > a < I = S85'26'03"E— I o ,-' 29.28' I I z r, I O N } r OOI Z 0)I _J- I I Q W ~ (O 11.1 U PORTION OF THE SW 1/4 OF THE --1 0 , SE 1/4 OF SECTION 2-33-39 r f o O W Z 1� N89'42'26"W I I 35.00' 1 I I W ..... . NI N to -' y ° •��. POINT OF COMMENCEMENT — Co .•o? • S E ,. SOUTHWEST CORNER OF THE of r Q:,,z,• .. p. SOUTHEAST 1/4 OF SECTION 2-33-39 ZI o ; °i :.1,.. SS_9'40'29"E ��J i > . '.O _ 978.48' a a a 'r SOUTH LINE OF S.E. 1/4 OF SECTION 2 .� z `' ' • NOTE: EASMENT DECSRIPTION IS BASED UPON A SKETCH AND ~''' DESCRIPTION SUPPLIED BY MASTELLER, MOLER & TAYLOR, __ _ //ii' :-, l PROJECT #6969EASE, DATED 03-07-2016. _ DAVID GAY, EPSM ,5973 DATE THIS SKETCH IS NOT A SURVEY SHEET 2 OF 2 IREV NO I AUTHRZD RY CITY OF VERO BEACH SKETCH OF PROPERTY DESCRIPTION EXHIBIT E3 UTILITY EASEMENT CITY P .RC ROT O. ORvn:.B 1CATE DEPARTMENT OF PUBLIC WORKS BOYS AND GIRLS CLUB 2016-EG-1761 ._____ ____._. ______ ._-_.__... _.. -__- DATE 5RW4 DI j CH,;O 6 ,OE y.RIPLOR SW 1/4 GF SE 1/4 OF SECTIGN 02-33--39 03/2016r DC MKF I SURVEY & ENGINEERING DIVISION1