HomeMy WebLinkAbout2000-020/ 2/2000reso.exch9/0WTS/nhm
RESOLUTION NO. 2000- 020
A RESOLUTION OF INDIAN RIVER COUNTY, AUTHORIZING
THE EXCHANGE OF EASEMENTS.
WHEREAS, Indian River County is the owner of a parcel of land west of the end
of Bailey Drive in Sebastian, legally described on the attached deed of easement; and
WHEREAS, Brian Davis, Wesley Davis and Laura Davis, as Trustees under the
provisions of a certain Florida Land Trust Agreement known as Davis Land Trust 1992
dated January 1, 1992, (65-6091853) are the owners of a parcel of land immediately
west of the County's parcel, legally described on the attached deed of easement; and
WHEREAS, it would be in the mutual benefit of both the County and the Davis
Land Trust 1992 to exchange easements across these pieces of property to facilitate
ingress and egress to the Davis Land Trust 1992 property and for a 20 -foot wide utility
easement over, across and beneath the Davis Land Trust 1992 property; and
WHEREAS, Section 125.37, Florida Statutes, allows such an exchange of
County land when it is in the public interest and after notice has been published once a
week for two weeks; and
WHEREAS, notice of this proposed exchange was published twice in the Vero
Beach Press Journal, once on March 2, 2000, and March 9, 2000.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS that:
1. The County is authorized to effect the exchange of the easements as
described in this resolution.
2. The Chairman of the Board is authorized to execute the easement across
the County -owned parcel.
The resolution was moved for adoption by Commissioner Macht , and the
motion was seconded by Commissioner Stanbridge , and, upon being put to a
vote, the vote was as follows:
Chairman Fran B. Adams Aye
Vice Chairman Caroline D. Ginn Aye
Commissioner Kenneth R. Macht Aye
Commissioner Ruth M. Stanbridge Aye
Commissioner John W. Tippin Aye
The Cha'',,�.."„„,j``thereu on declared the resolution duly
� 11wr Ah � � p y passed and adopted this
14th dayof ,...ham, 2000.
' BOARD OF COMMISSIONERS
<- ; �'► ;' .`,A; :< INDIAN RIVER COUNTY, FLORIDA
A J. ;Barton,,C�le
( By
Fran B. Adams, Chairman
Deputy, Clerk
Attachments: County Deed of Easement and Property Owner's Deed of Easement
i
APPROVED AS TO FORM
AND LE?-91-,,FIIC`IENCY
BY TERF;ENCE P. O BRIEN
ASST. COUNTY ATTORNEY
10/99(docs/easement)LEGAL(TPO/nhm)
This document wins prepared by
alld should ,)e t :ralezl to
..the contiiy At or)ley's office,
IL840 255th St., Vero beach,
Florida 32960
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7AIE 11lfJellDS a
JEFFREY K. BARTON
ZERK CIRCUIT COURT
AN RIVER GO.. FLA.
EASEMENT
iDOCUMENTARY STAMP$
DEED: • 70
NOTE _
JEFFREY K. PAWN, CLERK
INDIAN RIVER COUNTY
THIS GRANT OF EASEMENT, made and executed this day of
-cibru Y, 2000, by Brian Davis, Wesley Davis and Laura Davis, as
Trustees un e'r the provisions of a certain Florida Land Trust Agreement
known as Davis Land Trust 1992 dated January 1, 1992, (65-6091853), whose
mailing address is 7001 84th Avenue, Vero Beach, Florida 32967, hereinafter
called GRANTOR, to INDIAN RIVER COUNTY, a political subdivision of the
State of Florida, having a mailing address of 1840 25th 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 20 -foot wide utility
easement over, across, and beneath 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, 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.
Signed, sealed and delivered in
the presence of:
signature: ,' , °''� GC �� / By
printed name: i /1; 4-1ro ;',r,r B tan Davis, Trustee
signature• biLA,
c�a
printed name:
APPROVED AS TO FORM
AND L AL OF -ICI "NCY
BY TERRENCE P. O'BRiEN
ASST. COUNTY AiTC?X=Y
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signature:4�5B
Printed name: T rrc*►�e . O' irlePj Wesley Davis, IrWe
signature:
printed name: Q �,
signatur : By -�
printed na 1 �+, .La ra aul, formerly known as
Laura Davis, Trustee
signature
printed name:
STATE OF FLORIDA
COUNTY OF INDIAN RIVER
The foregoing k'
g g instrument was acknowledged before me this 1� day of
2000, by Brian Davis, a Trustee under the provisions of a
o d
certain Fla Land Trust Agreement known as Davis Land Trust 1992 dated
January 1, 1992, (65-6091853) , who is personally known to me or who has
producedF•kdv; urrI.51.n,ph as identification.
NOTARY PUBLIC
printed name. Q n e L( . VYI o 56a ;
(SEAL): Commission No.: CC
Commission Expiration:
i'n s Nancy R Mowll o
n� ;« MY COMMISSION # CC793825 EXPIRES =o
March 24 2003
u1 ,t IONDED THRU TRW FAIN INSURANCE INC
STATE OF FLORIDA ry
COUNTY OF INDIAN RIVER N
-v
The foregoing '`I� �ay
g g instrument was acknowledged before me this l� of ry
2000, by Wesley Davis, a Trustee under the provisions of a
certain FI ida Land Trust Agreement known as Davis Land Trust 1992 dated cn
January 1, 1992, (65-6091853) , who is personally known to me or who has
produced PL afl-i ver --s l; e > as identification.
NOTARY PUBLIC
printed name: `N tc o ey 'N . 6-nt'56c l ,
(SEAL): Commission No.: ee q q qjt �
Commission Expiration: 3.310-43
nali
€ N�r MY COMMISSION I C�C793825 EXPIRES
1.'. March 2Q 2003
-'"Rf.S:Nd'�� BONDEDTHRUTROVFAININSURANCEINC
STATE OF
COUNTY OF
The for going instrument was acknowledged before me this /b day of
aM000, by Laura Paul, formerly known as Laura Davis, a
Trustee under the provisions of a certain Florida Land Trust Agreement
known as Davis Land Trust 1992 dated January 1, 1992 (@5-6091853), who is
personally known to me or who has produced L as
identification.
awe , aaa�,a�vaTaaaa>+wwas►as
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i deicamrnt 'M p6'y
the
a6d abouid Lr, returned to i '
Co.eeeiy Attorney'@ Offi..,
1840 2aih St., Vero i
Florida 3296Q
IN ME R[Coftog or
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EASEMENT
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THIS GRANT OF EASEMENT, made and executed this 14th day of
� March _, 2000, by Indian River County, a political subdMolon of the
State of Florida, whose mailing address Is 1840 2r Street, Vero Beach. Florida
32960, hereinafter called GRANTOR, to Brian Davis, Wesley Davis and Laura
Davis, as Trustees under the provisions of a certain Florida Land Trust
Agreement known as Davis Land Trust 1992 dated January 1, 1992, (65-
6091853), its successors and assigns, whose mailing address is 7001 84th
Avenue, Vero Beach, Florida 32967, hereinafter called GRANTEE.
(Whenever used herein, the terns GRANTOR and GRANTEE
include all the parties to this instrument and their heirs, legal
representatives, successors and assigns.)
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, an easement for ingress and egress to
GRANTEE'S property, across 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, and that the GRANTOR has
good right and lawful authority to convey the easement established hereby.
This easement is subject to a covenant on the part of Grantee, its
successors and assigns, which covenant is agreed to by accepting the benefit of
this grant of easement as follows:
I. This ingresstegress easement will terminate when a public
thoroughfare is developed to the W 1/2 of the NE 1/4 of Section 18, Township 31
South, Range 39 East.
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2. Granting of the ingress/egress easement in no way eliminates,
reduces, or otherwise alters any requirements of any governmental entity
concerning the standards for road development, vehicular traffic, land
development, and building.
3. • Due to the small radius tum to the South near the intersection with
Bailey Drive, only slow speed traffic can be accommodated.
4. Due to the presence of a water main, a wastewater force main,
fiber optic and copper communications cables, power cables, and various
facilities not specifically mentioned, extreme caution must be used when
improving or using the easement.
5. Any damages to the facilities of Indian River County or any other
entity on the subject property by design, necessity, contract, or invitation, will be
the responsibility of the one causing the damage; however, the GRANTEE will
be responsible for any damage caused by GRANTEE, contractor of GRANTEE,
or agent of GRANTEE.
6. GRANTEE will provide road frontage for parcels sold from the W
1/2 of the NE 1/4 of Section 18, Township 31 South, Range 39 East.
IN WITNESS WHEREOF, the GRANTOR has hereunto set GRANTOR'S
hand and seal the day and year first above written.
CO
ceutity n; ` 1
STATE OF FLORIDA
COUNTY OF INDIAN RIVER
INDIAN RIVER COUNTY, FLORIDA
through its Board of County
Commissioners
Fran B. Adams, Chairman
BCC Approved: March 14. 2DM
Resolution No. 2000-020
The foregoing instrument was acknowledged before me this 14th day of
March 2000 by Fran B. Adams, Cheirman of #w Board of
APPROVED AS TO FORM
AND lE S FICC CY
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By -mote-EP, 01S N 2
,ASST. COMY Af TORKY
4D
L]
County Commissioner* of Indian River County, Florida, a poiklaal
subdivision of the State of Florida, who is personally known to me.
NOTARY PUBLIC
Kimhe�iy E Mo�w/`ti'►9�—L<_C�� ���/tlt!i ' i �
. { Mrcor r�s�oN�=npM
d printengnfA: Kimberly E. M
: )UIVi% es sung
(SEAL): Commission NO.: CC855436
3
Commission Expiration: July 15, 2003
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