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HomeMy WebLinkAbout2015-136CPrepared by and return to: Office of the City Attorney P.O Box 1389 Vero Beach, FL 32961-1389 3120150056526 RECORDED IN THE PUBLIC RECORDS OF JEFFREY R SMITH, CLERK OF COURT INDIAN RIVER COUNTY FL BK. 2878 PG: 490 Page 1 of 5 9/18/2015 1.08 PM D DOCTAX PD $0.70 DRAINAGE EASEMENT DEED (2011 -EG -0098) THIS INDENTURE made and entered into this day of 2015, by and between the CITY OF VERO BEACH, a Florida munja1 cotion (the "Grantor"), whose address is 1053 20`1 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. (Whenever 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: Being a part of: Dodgertown Parcel 3-A conveyed by Special Warranty Deed dated November 16, 2005, recorded November 17, 2005, in Official Records Book 1961, at Page 968, of the Public Records of Indian River County, Florida, the Parcel I.D. Number of which real property is 392600011023000001.1, less portion of Parcel 3-A conveyed by County Deed dated June 1, 2011, recorded August 11, 2011 in Official Records Book 2517, at Page 551, of the Public Records of Indian River County, Florida, the Parcel I.D. Number of which real property is 323926000110230000001.2. 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 the improvements constructed on that parcel described in Official Records Book 2517, Page 551 of the Public Records of Indian River County, Florida, 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, agents, and contractors on, over, under, and across the Easement Premises for inspection, construction, and maintenance of drainage pipes, equipment and facilities. Page 1 of 2 N'\Client Docs\PWENG\Easements\2015 COVB.to.IRC.Dodgertown.drainage.20 I I -EG-0098.oct.20 I 1-wrc.doc 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. STATE OF FLORIDA COUNTY OF INDIAN RIVER GRANTOR (C OF ' ERO BEACH, FLORIDA) Sign: Print: Title: yor nger The foregoing instrument was acknowledged before me this( --1 1-� day of LA.t\., 2015, by Richard G. Winger, as Mayor, and attested by Tammy K. Vock, as City Clerk, df the City of Vero Beach, Florida. They are personally known to me. S,v• TARY PU : LIC Print Name My Commission No.: My Commission Expires: 1 HEATHER MCCARTY MY COMMISSION # FF 217959 ��• ' "'' EXPIRES: June 18, 2019 "4,* •• Bonded Thio Notary Public Underwriters [SEAL] Approved as to form and legal sufficiency: �l .a ayne ' oment City Atto . ey Approved as conforming to municipal polic • mes 'Connor City Manager Page 2 of 2 N\Client Does \PWENG\Easements\2015 COVB.to.IRC.Dodgertown.drainage.2011-EG-0098.oct.2011-wrc.doc Property Description Dodgertown (#2011 -EG -098) September 19, 2011 EXHIBIT "A" PROPERTY DESCRIPTION DEED OF EASEMENT #2011 -EG -098 PORTION OF DODGERTOWN PARCEL 3-A PARCEL # 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 794.99 feet to the northeast corner of the city property described in Official Record Book 2517, Page 547 of the Public Records of Indian River County; Thence South 03°32'27" West along the said east line of city property for a distance of 582.12 feet; Thence South 00°14'21" West along the said east line of city property for a distance of 360.85 feet to the northwest corner of the county property described in Official Record Book 2517, Page 551 of the Public Records of Indian River County; Thence South 02°50'58" West along the west line of said county property for a distance of 30.75 feet to the Point of Beginning of the following described easement; Thence from the Point of Beginning continue South 02°50'58" West along the west line of the said county property for a distance of 676.92 feet to a point on a curve concave to the northeast; Thence northwesterly along said curve having a radius of 352.00 feet, chord bearing of North 25°41'58" West and a chord distance of 273.37 feet for a distance of 280.76 feet to a point of tangency; Sheet 1 of 3 Property Description Dodgertown (#2011 -EG -098) September 19, 2011 Thence North 02°50'58" West for a distance of 173.07 feet to the point of curvature of a curve concave to the southeast; Thence northeasterly along said curve having a radius of 352.00 feet, chord bearing of North 20°00'01" East and a chord distance of 273.37 feet for a distance of 280.76 feet to a point of tangency, said point also being the Point of Beginning; Said Easement containing 55,266 square feet more or less. David R. Gay, PSIV1 S\Property Descriptions\2011\2011-EG-098_Dodgertown Drainage_Sept 19 2011 doc Sheet 2 of 3 45' in L SOUTH SECTION LINE 33-32-39 r NORTH SECTION LINE 04-33-39 POINT OF COMMENCEMENT NW CORNER SECTION 03-33-39 SCALE V= 250' S00'00'47"W — �----- /' 30 00' 26TH STREET (WALKER AVE) S SOUTH SECTION UNE 34-32-39 THIS SKETCH IS NOT A SURVEY 1 INDIAN RIVER FARMS WATER CONTROL DISTRICT CANAL A3 NORTH SECTION UNE 03-33-39 S89'45'39"E 794 99' 0 S89'45'39"E 75 00' – 1 50' 32-39-26-00011-0230-00001.3 Ll l I DODGERTOWN PARCEL 1-A Z I Z, O.R. BK 1961, PG 956 CITY OF VERO BEACH >' 1 Q 0 32-39-26-00011-0230-00001.2 DODGERTOWN PARCEL 2-A O.R. BK 2517, PG 547 CITY OF VERO BEACH • O • O POINT OF BEGINNING HOLMAN STADIUM 32-39-26-00011-0230-00001.0 DODGERTOWN PARCEL 1-C O.R. BK 1426, PG 555 INDIAN RIVER COUNTY PORTION OF DODGERTOWN PARCE O.R. BK 1758, PG 523 O O INDIAN RIVER COUNTY N —50' S02'50' 58"E 30 75' L=280.76' R=352 00' CHD BRG=N20'00'01"E CHD=273 37' 32-39-26-00011-0230-000011 DODGERTOWN PARCEL 3-A O.R. BK 1961, PG 968 CITY OF VERO BEACH SUBJECT EASEMENT (DRAINAGE) L=280 76' R=352.00' CHD BRG=N25'41'58"W CHD=273.37' PORTION OF DODGERTOWN PARCEL 3-A O.R. BK 2517, PG 551 INDIAN RIVER COUNTY PROPOSED BALLFIELDS PPR E-- 50 O • ,t 0 C! J ; DA P GAY, CITY OF VERO BEACH DEPARTMENT OF PUBLIC WORKS SURVEY DIVISION SKETCH OF PROPERTY DESCRIPTION DRAINAGE EASEMENT PORTION OF SECTION 03-33-39 EXHIBIT "A" TE•• ''"•..g�rEO�cs��Q'�F� '444i61(. NO• ••AO THRZD.BY CITY PROJECT NO. 2011—E0-098 DRWN.BY I DATE DATE 9/2011 DRWN BY DG MKF DESCRIPTION