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Home My WebLink About2015-065AA TRUE COPY CERTIFICATION ON LAST PAGE J.R. SMITH, CLERK Upon recording return to: Tirso M. Carreja, Esq. Shuns & Bowen LLP 4301 W. Boy Scout Blvd., Suite 300 Tampa, Florida 33607 AMENDED MEMORANDUM OF TOWER SPACE LEASE This Amended Memorandum of Tower Space Lease (this "Amended MOL") is made and entered into as of this 7TH day of April , 2015, between INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS ("Lessor") whose address is 1801 27th Street, Vero Beach, FL 32960, and VERIZON WIRELESS PERSONAL COMMUNICATIONS LP, a Delaware limited partnership d/b/a Verizon Wireless. as successor in interest to PrimeCo Personal Communications, L.P. ("Lessee"). 1. Lessor, on the terms and conditions set forth in an unrecorded document dated August 5, 1997, entitled "Tower Space Lease", as amended by that certain First Amendment to Tower Space Lease dated of even date herewith by and between Lessor and Lessee (the "Lease"), as evidenced by that certain Memorandum of Lease dated August 5. 1997 by and between Lessor and Primeco Personal Communications, L.P., a Delaware limited partnership. as predecessor in interest to Lessee (the "Memorandum"), which terms are incorporated herein by reference, and in consideration for the rents and covenants therein, hereby grants, bargains, sells, and releases unto Lessee, its successors and assigns, a nonexclusive easement for ingress and egress, seven (7) days a week twenty-four (24) hours a day, on foot and motor vehicle, including trucks, over or along a portion of the property owned by Lessor (the "Relocated Access Easement Area") which Relocated Access Easement Area is more particularly described in Exhibit A attached hereto and made a part hereof. 2. Lessee releases unto Lessor the Access Easement in the Original Access Easement Area identified in the Memorandum as recorded in the Public Records of Indian River County at OR Book 1207, Page 0851, without, however, releasing any rights granted to Lessee under Section 1 of this Amended MOL. 3. In the event of any inconsistency between the exhibits contained in the Memorandum and this Amended MOL, the exhibits of this Amended MOL shall control. Except as otherwise set forth herein, all other terms and conditions of the Memorandum remain in full force and effect. The purpose of this Amended MOL is. to give record notice of the Relocated Access Easement Area, and of the rights created thereby, all of which are hereby confirmed. In the event of a conflict between the terms of this Amended MOL and the terms of the Lease. the terms of the Lease shall prevail. Verizon Wireless Site Name/ID: IRC EMS Station — 62715 A TRUE COPY CERTIFICATION ON LAST PAGE J. R. SMITH, CLERK IN WITNESS WHEREOF, the Parties hereto have set their hands and affixed their respective seals as of the day and year written below. Attest: Jeffrey R. Smith, Clerk of Court And Comptroller By: Deputy Clerk Approved: By: `; seph A!Baird, County Administrator WITNESSES: Name: Name: Verizon Wireless Site Name/ID: IRC EMS Station — 62715 "LESSOR" Approved as to form and legal/�sufficiency: By: l �i��i�"—�\ /��'h.-1 William K. DeBraal Deputy County Attorney "LESSEE" Verizon Wireless Personal Communications LP, a Delaware limited partnership d/b/a Verizon Wireless By: Name: Aparna Khurjekar Title: Area Vice President Network Date: A TRUE COPY CERTIFICATION ON LAST PAGE 1.R. SMITH, CLERK LESSOR NOTARY ACKNOWLEDGMENT: STATE OF FLORIDA COUNTY OF INDIAN RIVER The foregoing instrument w s acknowledged before me this r/1 da) of , 2015, by Nf €51 S. <LVI5 , as the on behalf of the Indian River County Board of County Commissioners. IIrs. Such person is personally known Io me or has produced as identification. (Official Notary Seal) LESSEE NOTARY ACKNOWLEDGMENT: STATE OF NORTH CAROLINA COUNTY OF MECKLENBURG (Official Na y Signature) Priif nted Name My Commission Expires: 1/1/ / Notary Public I.. Pu rsel The foregoing instrument was acknowledged before me this day of 2015, by Aparna Khurjekar, as Area Vice President Network of Verizon Wireless Personal Communications LP, a Delaware limited partnership d/b/a Verizon Wireless, on behalf of the limited partnership. She is personally known to me or has produced as identification. (Official Notary Seal) (Official Notary Signature) Printed Name My Commission Expires: Notary Public Verizon Wireless Site Name/ID: IRC EMS Station — 62715 EXHIBIT "A" A TRUE COPY CERTIFICATIO J.R. SMITH, C DESCRIPTION OF A 20.00 FEET WIDE INGRESS AND EGRESS ACCESS EASEMENT A 20.00 FEET WIDE EASEMENT FOR INGRESS AND EGRESS ACCESS SITUATED IN PART OF THE SOUTHEAST ONE-QUARTER OF SECTION 2, TOWNSHIP 33 SOUTH, RANGE 39 EAST, INDIAN RIVER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE RIGHT OF WAY INTERSECTION, AS IT NOW EXISTS, OF THE SOUTH RIGHT OF WAY LINE OF A 60.00 FEET WIDE RIGHT OF WAY FOR ST.FRANCIS MANOR DRIVE AND THE EAST RIGHT OF WAY LINE OF A 80.00 FEET WIDE RIGHT OF WAY FOR 20TH AVENUE, SAID POINT OF COMMENCEMENT ALSO BEING THE NORTHWEST CORNER OF "ST. FRANCIS MANOR OF VERO BEACH" COMPLEX, RUN SOUTH 00°05'14" WEST ALONG SAID EAST RIGHT OF WAY LINE OF 20TH AVENUE A DISTANCE OF 495.00 FEET TO THE POINT OF BEGINNING OF THE HEREIN DESCRIBED ACCESS EASEMENT, SAID POINT OF BEGINNING BEING 45.00 FEET NORTHERLY OF THE SOUTHWEST CORNER OF THE AFORESAID "ST. FRANCIS MANOR OF VERO BEACH" COMPLEX; FROM SAID POINT OF BEGINNING RUN SOUTH 89°25'49" EAST, NORTH OF, PARALLEL WITH AND 45.00 FEET NORMAL TO THE SOUTH BOUNDARY LINE OF SAID "ST. FRANCIS MANOR OF VERO BEACH" COMPLEX A DISTANCE OF 338.59 FEET; THENCE RUN NORTH 00° 06'34" EAST ALONG A LINE BEING 36.00 FEET WEST OF, PARALLEL WITH AND NORMAL TO THE SOUTHERLY EXTENSION OF THE WEST BOUNDARY LINE OF THAT CERTAIN PARCEL DESCRIBED IN OFFICIAL RECORDS BOOK 806, PAGE 2259 OF THE PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA, SAID CERTAIN PARCEL BEING A PORTION OF THE AFORESAID "ST. FRANCIS MANOR OF VERO BEACH" COMPLEX, A DISTANCE OF 34.81 FEET; THENCE RUN SOUTH 89'43'32" EAST ALONG A LINE BEING 20 00 FEET NORTH OF, PARALLEL WITH AND NORMAL TO THE SOUTH BOUNDARY LINE OF SAID CERTAIN PARCEL DESCRIBED IN OFFICIAL RECORDS BOOK 806, PAGE 2259, A DISTANCE OF 56.20 FEET; THENCE RUN NORTH 37°47'40" EAST A DISTANCE OF 65.11 FEET; THENCE RUN NORTH 00°06'34" EAST A DISTANCE OF 48.20 FEET TO THE SOUTH LINE OF THAT CERTAIN "MEMORANDUM OF TOWER SPACE LEASE" PARCEL AS DESCRIBED IN OFFICIAL RECORDS BOOK 1207, PAGE 851 OF THE PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA, SAID POINT BEING APPROXIMATELY 8.96 FEET EAST OF THE SOUTH WEST CORNER OF SAID CERTAIN "MEMORANDUM OF TOWER SPACE LEASE" PARCEL; THENCE RUN SOUTH 89°40'13" EAST ALONG THE SOUTH BOUNDARY LINE OF SAID CERTAIN "MEMORANDUM OF TOWER SPACE LEASE" PARCEL, A DISTANCE OF 20.00 FEET; THENCE RUN SOUTH 00'06'34" WEST A DISTANCE OF 54.94 FEET; THENCE RUN SOUTH 37°47'40" WEST A DISTANCE OF 81.79 FEET TO THE SOUTHEAST CORNER OF THAT AFORESAID CERTAIN PARCEL DESCRIBED IN OFFICIAL RECORDS BOOK 806, PAGE 2259; THENCE RUN NORTH 89°43'32" WEST ALONG AFORESAID SOUTH BOUNDARY LINE OF CERTAIN PARCEL DESCRIBED IN OFFICIAL RECORDS BOOK 806, PAGE 2259, A DISTANCE OF 46.00 FEET; THENCE RUN SOUTH 00°06'34" WEST ALONG A LINE BEING 16.00 FEET WEST OF, PARALLEL WITH AND NORMAL TO THE AFORESAID SOUTHERLY EXTENSION OF THE WEST BOUNDARY LINE OF THAT CERTAIN PARCEL DESCRIBED IN OFFICIAL RECORDS BOOK 806, PAGE 2259, A DISTANCE OF 34.92 FEET; THENCE RUN NORTH 89°25'49" WEST ALONG A LINE BEING 25.00 FEET NORTH OF, PARALLEL WITH AND NORMAL TO THE SOUTH BOUNDARY LINE OF SAID "ST. FRANCIS MANOR OF VERO BEACH" COMPLEX A DISTANCE OF 358.58 FEET TO THE AFORESAID EAST RIGHT OF WAY LINE OF 20TH AVENUE; THENCE RUN NORTH 00°05'14" EAST ALONG SAID EAST RIGHT OF WAY LINE A DISTANCE OF 20.00 FEET TO THE POINT OF BEGINNING. THE SIDE LINES OF THE ABOVE DESCRIBED EASEMENT TO BE SHORTENED OR PROLONGED TO MEET AT ANGLE POINTS. PARCEL LINES AND RIGHT OF WAY LINES. THE ABOVE DESCRIBED EASEMENT CONTAINING 11191 43 S.F. OR 0.257 ACRES MORE OR LESS. SURVEYOR'S NOTES: 1. UNLESS IT BEARS THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER. THIS DRAWING. SKETCH, PLAT OR MAP 15 FOR INFORMATIONAL PURPOSES ONLY AND IS NOT VALID. 2. A MINIMUM SEARCH WAS MADE OF THE PUBLIC RECORDS BY THIS FIRM OR SURVEYOR FOR RIGHTS-OF-WAY, NO SEARCH WAS MADE OF THE PUBLIC RECORDS BY THIS FIRM OR SURVEYOR FOR RESERVATIONS, EASEMENTS AND RESTRICTIONS OF RECORDS. 3. ANY FOUNDATIONS AND UNDERGROUND UTILITIES WERE NOT OBSERVED OR RECORDED FOR THIS SKETCH AND DESCRIPTION. 4. BEARINGS SHOWN ARE BASED UPON NAD83/2007 FLORIDA EAST ZONE (901). THE BEARING OF SOUTH 00°05'14" WEST ALONG THE EAST RIGHT OF WAY LINE OF 20T1-1 AVENUE. 5. THIS MAP ISA SKETCH AND DESCRIPTION OF INGRESS AND EGRESS ACCESS EASEMENT. A BOUNDARY SURVEY WAS NOT PERFORMED TO DELINEATE THE BOUNDARY LIMITS OF SAID EASEMENT. 6. THE DESCRIPTION SHOWN HEREON WAS DEVELOPED BY THE PROFESSIONAL SURVEYOR AND MAPPER AS DIRECTED BY THE CLIENT. LEGEND STA. STATION O.R.B. OFFICIAL RECORD BOOK R.O.W. RIGHT OF WAY OR RIGHT OF WAY DATA I.R.CO. FL. INDIAN RIVER COUNTY, FLORIDA FL. FLORIDA PG. PAGE POINT OF BEGINNING P.O.C. POINT OF COMMENCEMENT (0) OBSERVED DATA (D) DESCRIPTION / DEED CALL -X -X - EXISTING BARBED WIRE FENCE EXISTING TOP OF BANK OF DITCH smuc EXISTING SWALE EXISTING ANCHOR AND GUY WIRE -oma EXISTING OVER HEAD ELECTRIC 2!.a EXISTING WOOD UTILITY POLE THIS IS NOTA BOUNDARY SURVEY CERTIFIED TO: ST. FRANCIS. MANOR - - FRANK& aUCCURESE, FL. PSM 4765 C.A.I. LB. 205 SIGNATURE DATE' (AI t=„',7- CARTER ASSOCIATES, INC. CONSULTING ENGINEERS AND LAND SURVEYORS 1708 21st STREET, VERO BEACH, FL 32960 TEL (772) 562.4191 FAX (772) 562-7180 DATE 01072014 PROA: . 10459/13-2735 DRAWN BY. FSC MPD. BY : FSC PLOTBY :Fmk Cemeea REF. e . 1341( F.B.BPG . - SKETCH AND DESCRIPTION 20' WIDE INGRESS/EGRESS ACCESS EASEMENT SITUATED IN PART OF SOUTHEAST OUARTER OF SECTION 2, TOWNSHIP 33 SOUTH, RANGE 39 EAST INDIAN RIVER COUNTY, FLORIDA SHEET 1 OF 2 •19740-A NON LAST PAGE LERK R.O.W. UNE 3 EXHIBIT "A" ST. FRANCIS MANOR DRIVE --------------------------- N 89'25'37" W P.O.C. R.O.W. INTERSECTION (Mk CORNER OF 'ST. FRANCIS MANOR') SOUTH R.O.W. LINE OF 60' WIDE RIGI-Ff OF WAY WEST LINE OF PARCEL 'F.- OF ST, FRANCIS MANOR ST. FRANCIS MANOR P.O.B. ACCESS EASEMENT PARCEL 'F' N 0005'14" E 20.00' W7/13' L. Lai 2 LJ 6 v.' o (-4 QL,-J S 89'25'49" E 338.59' N 89'25'49 W 358.58' 7— SOUTH LINE OF ST. FRARCIS MANOR SW. CORNER OF -ST. FRANCIS MANOR' 0 6' HIGH CRAIN—LINK FENCE 5 89'43'32" E 56.20' 4' WIDE CONCRETE WALE 000634" E 34.81' N 89'25 49 t(04041444,,,. ...a<0..14AM. *V. ............... t • j•iti I I. 0. • %.* t • 1 i 1 : • • %.4.... •I, , .fel %AI:, ..... • --•i•k,>* .96' w CsJ z 710 3' "3 0 10 0 b N 92549" Wi374.58' EXISTING DITCH CAI CARTER ASSOCIATES, INC. CONSULTING ENGINEERS AND LAND SURVEYORS 1700 21st STREET, VERO BEACH, FL 32960 TEL: (772) 562-4191 FAX (772) 552-7180 STATE OF FLORIDA INDIAN RIVER COUNTY THIS IS TO CERTIFY THAT THIS IS A TRUE AND CORRECT .".:OPY OF THE ORIGINAL ON FILE IN THIS OFFICE. JEFFR ITH CLERK D.c ATE /cani•s" P.O.B....0E—LEA5E AREA —OFFICIAL RECORDS BOOK 1207, PG. 851, FL 'MEMORANDUM OF TOWER SPACE LEASE AL" OFF1CRECORDS BOOK 1207, PC. 051, I.R.00.. FL WITH EXISTING ANTENNA TOWER AND ANCHORS 5 894013" E 20.00' 20.00' WIDE ACCESS EASEMENT EXISTING DITCH SE CORNER OF PARCEL DESCRIBED IN ORS. 806, PG. 2259, I.R.C.FL N 89'43'32" W 172.63' E)1S7NG 0706 8943'32" W 46.00' 00.06'34" W 34.92' SOUTHERLY EXTENSION OF WESTERLY BOUNDARY LINE PARCEL DESCRIBED IN O.R.B. 806. PG. 2259. 1.9.0.01. 016 0447/2014 *KV * . 10-150 ,3.2rss DRAWN BY FSC AND. BY 0SC P191 90 Flank C.c.'s* REF. , 144510 FA, PG - ijTh [Q 0 20 40 SCALE: (1 Inch = 40 Feet) THIS IS NOT A BOUNDARY SURVEY SKETCH AND DESCRIPTION 20WIDE INGRESS/EGRESS ACCESS EASEMENT SITUATED IN PART OF SOUTHEAST QUARTER OF SECTION 2, TOWNSHIP 33 SOUTH, RANGE 39 FAST INDIAN RIVER COUNTY, FLORIDA SHEET 2 OF 2 owg * 19740-A