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HomeMy WebLinkAbout2015-136BSPrepared by and return to- k Office of the City Attorney P.O. Box 1389 Vero Beach, FL 32961-1389 3120150056525 RECORDED IN THE PUBLIC RECORDS OF JEFFREY R SMITH, CLERK OF COURT INDIAN RIVER COUNTY FL BK. 2878 PG: 485 Page 1 of 5 9/182015 1.08 PM D DOCTAX PD $0.70 DRAINAGE EASEMENT DEED (2011 -EG -0097) THIS INDENTURE made and entered into this day of, -1 2015, by and between the CITY OF VERO BEACH, a Florida muriici al coloration (the "Grantor"), whose address is 1053 20th Place, P.O. Box 1389, Vero Beach, FL 32961-1389, and INDIAN RIVER COUNTY, a political subdivision of the State of Florida (the "Grantee"), whose address is 1801 27th Street, Vero Beach, FL 32960. (Wherever used herein the terms "Grantor" and "Grantee" include all the parties to this instrument and their respective 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 the City of Vero Beach, Indian River County, Florida and more particularly described as: Being a part of: Dodgertown Parcel 3-A conveyed by Special Warranty Deed dated November 16, 2005, recorded on November 17, 2005, in Official Records Book 1961, Page 968, of the Public Records of Indian River County, Florida, the Parcel I.D. Number of which real property is 32392600011023000001.1. Dodgertown Parcel 2-A conveyed by County Deed dated June 1, 2011, recorded on August 11, 2011, in Official Records Book 2517, Page 547, of the Public Records of Indian River County, Florida, the Parcel I.D. Number of which real property is 323900011023000001.2. 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 drainage purposes related to 43rd Avenue and Aviation Boulevard, which drainage easement is as more particularly described in Exhibit "A" (the "Easement Premises") attached .hereto and incorporated herein by reference, which drainage easement shall run with and be a burden upon the Property. Grantee hereby shall for itself, it successors, and assigns have the right to use the Easement Premises for purposes not inconsistent with the Easement granted herein, including without limitation, the right of ingress, egress and passage for Grantee, and its employees, Page 1 of 2 N•\Client Docs\PWENG\Easements\2015 COVB.to.IRC.Dodgertown.drainage.2011-EG-0097 oct.2011-wrc.docx agents, and contractors on, over, under, and across the Easement Premises for inspection, construction, and maintenance of drainage pipes, equipment and facilities. 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: GRANTOR ,CITY OF ERO BEACH, FLORIDA) RIDA ^INDIAN RIVER Sign: Print: f' chard G. Winger Title: Mayor e foregoing instrument was acknowledged before me thisday of ll� , 2015, by Richard G. Winger, as Mayor, and attested by Tammy K. Vock, as City Clerk, of the City of Vero Beach, Florida. They are personally known to me. otary Public Print Name: My Commission No.: M Commission Expires: ti�"''y''• HEATHER MCCARTY 43 _. MY COMMISSION # FF 217959 EXPIRES: June 18, 2019 of °°4"Bonded Thru Notary Putac Underwriters Approved as to form and legal sufficiency: Approved as conforming to municipal polic- Wayne . Coment City orney J es R. O'Connor City Manager Page 2 of 2 N:\Client Docs\PWENG\Easements\2015 COVB.to.IRC.Dodgertown.drainage.2011-EG-0097.oct.2011-wrc.docx Property Description Dodgertown (#2011 -EG -097) January 17, 2012 EXHIBIT "A" PROPERTY DESCRIPTION DEED OF EASEMENT #2011 -EG -097 PORTIONS OF DODGERTOWN PARCELS 2-A AND 3-A PARCEL #'s 32-39-26-00011-0230-00001.2 AND 32-39-26-00011-0230-00001.1 Situated in the State of Florida, County of Indian River, City of Vero Beach, and being a part of Section 3, Township 33 South, Range 39 East and being more particularly bounded and described as follows: Commencing at the Northwest corner of Section 3, Township 33 South, Range 39 East; Thence South 00°00'47" West along the west line of said Section 3 for a distance of 30.00 feet; Thence South 89°45'39" East and parallel with the north line of said Section 3 for a distance of 75.00 feet to a point on the south right-of-way of the Indian River Farms Water Control District Canal A-3; Thence continue South 89°45'39" East along said south right-of-way for a distance of 738.46 feet to the Point of Beginning of the following described easement; Thence from the Point of Beginning continue South 89°45'39" East for a distance of 20.00 feet; Thence South 00°14'12" West for a distance of 941.08 feet; Thence South 72°24'19" East for a distance of 3.11 feet to the southeast corner of the city property described in Official Record Book 2517, Page 547 of the Public Records of Indian River County; Thence South 02°50'58" East along the west line of the county property described in Official Record Book 2517, Page 551 of the Public Records of Indian River County, for a distance of 30.75 feet; Thence North 46°37'13" West for a distance of 25.29 feet; Thence North 89°59'43" West for a distance of 765.89 feet to a point on the east right-of-way of 43rd Avenue; Thence North 00°00'47" East along said east right-of-way of 43rd Avenue for a distance of 20.00 feet; Sheet 1 of 3 Property Description Dodgertown (#2011 -EG -097) January 17, 2012 Thence South 89°59'43" East for a distance of 759.80 feet; Thence North 00°14'12" East for a distance of 935.44 feet to the Point of Beginning; Said Easement containing 34,498 square feet more or Tess. ,---;,,(/y David R. Gay, PSM 973 S:1Property Descriptions1201112011-EG-097_Dodgertown Drainage_Jan 17 2012.doc Sheet 2 of 3 45' T - SOUTH S[CTION LINE 33-32-39 F NORTH SECTION LINE 04-33-39 POINT OF COMMENCEMENT NW CORNER SECTION 03-33-39 5' 500.00' 47"W T-------- 30.00' 26TH STREET (WALKER AVE) SOUTH SECTION UNE34-32_39 - INDIAN RIVER FARMS WATER CONTROL DISTRIC1 CANAL A3 NORTH SECTION LINE 03-33-39/- 585'39"E 738.46' 589'45'39"E 75.00' POINT OF BEGINNING- 431r -- al; I �I I o! XI I v; 1 SUBJECT EASEMENT (DRAINAGE) 1- 50' 32-39-26-00011-0230-00001.3 DODGERTOWN PARCEL 1-A O.R. BK 1961, PG 956 CITY OF VERO BEACH 32-39-26-00011-0230.00001.2 DODGERTOWN PARCEL 2-A O.R. BK 2517 PG 547 CITY OF VERO BEACH I II li Ir 91 cn W N 0 z 589'45'39" E 20.00' HOLMAN STADIUM N 32-39-28-00011-0230-00001.0 DODGERTOWN PARCEL 1-C O.R. BK 1426, PG 555 INDIAN RIVER COUNTY S0014 12 " W 941 08' 572.24'19"E 3.11' / PORTION OF DODGERTOWN PARCEL 2-A O.R. BK 1758. PG 523 INDIAN RIVER COUNTY 100' !-.-STORM WATER & UTILITY EASEMENT � 1 I-1.-66.00' DRAINAGE EASEMENT OR BOOK 210, PAGE 531 SCALE 1"= 300' Ij I I I VIS I u' F IN I; I --50' THIS SKETCI-I IS IilDT A SURVEY 759 80' N89.59'43"W 765.89' N00.00'47"E 20.00' 32-39-28-00011-0230-00001.1 DODGERTOWN PARCEL 3-A O.R. BK 1961, PG 988 CITY OF VERO BEACH CITY OF VERO BEACH DEPARTMENT OF PUBLIC WORKS SURVEY DIVISION N46'37'13"W 25.29' PORTION OF DODGERTOWN PARCEL 3-A O.R. BK 2517, PG 551 INDIAN RIVER COUNTY PROPOSED BALLFIELDS NTT 00- ,\\ \RFw0„n0 R�Wi SKETCH OF PROPERTY DESCRIPTION DRAINAGE EASEMENT PORTION OF SECTION 03-33-39 /y DAVID GAY, PS Iv #5973 DATE SHEET 3 OF 3 REV. NO EXHIBIT "A” AUTHRZD.BY CITY PROJECT NO. 2011—EG-097 DRWN BY DATE DATE 9/2011 DRWN BY DG CI -140 BY MKF DESCRIPTION