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HomeMy WebLinkAbout2015-136DPrepared by and return to: Office of the City Attorney P.O. Box 1389 Vero Beach, FL 32961-1389 3120150056527 RECORDED IN THE PUBLIC RECORDS OF JEFFREY R SMITH, CLERK OF COURT INDIAN RIVER COUNTY FL BK. 2878 PG: 495 Page 1 of 4 9/182015 1.08 PM D DOCTAX PD $0 70 ACCESS AND IRRIGATION EASEMENT DEED (2011 -EG -0099) THIS INDENTURE made and entered into this I day of 2015, by and between the CITY OF VERO BEACH, a Florida muniation (the "Grantor"), whose address is 1053 20th Place, P.O. Box 1389, Vero Beach, L 329• -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, and (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 Being a part of: That real property conveyed by Original Airport Quitclaim Deed dated October 3, 1947, recorded in Deed Book 8, Page 383, and 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. All in the 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 irrigation and access purposes related to the County's Dodgertown Property as described in Official Records Book 1426, Page 555 and Official Records Book 2517, Page 551, of the Public Records of Indian River County, Florida, which irrigation and access easement is as more particularly described in Exhibit "A" (the "Easement Premises"), attached hereto and incorporated herein by reference, which 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 irrigation lines, equipment and facilities. Page 1 of 2 N -\Client Docs\PWENG\Easements\2015 COVBIto.IRC.Dodgertown.access.irrigation.2011-EG-0099.oct.2011-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 cause be executed in its name as of the day and year first herein written. ATTE FEORIDA -INDIAN RIVER GRANTOR FLORID Sign: Print: ': char. G. Finger Title: Mayor Indenture to RO BEACH, The foregoing instrument was acknowledged before me this tel' day of , 2015, by Richard G. Winger, as Mayor, and attested by Tammy K. Vock, as City Clerk, oft e City of Vero Beach, Florida. They are personally known to me. c\_�� Notary Public Print Name: My Commission No. My Commission Expires: 0,0*'7, HEATHER MCCARTY =.: • :.b MY COMMISSION # FF 217959 •..-��- ,v EXPIRES: June 18, 2019 •' r7f da, Bonded Thru Notary Public Underwriters Approved as to form and legal sufficiency: Wayne .Convent City A o ey Approved as conforming to municipal policy: Ja O'Connor City Manager Page 2 of 2 N\Client Docs\PWENG\Easements\2015 COVB.to.IRC.Dodgertown.access.irrigation.2011-EG-0099.oct.2011-wrc.doc Property Description Section 03-33-09 (#2011 -EG -099) September 29, 2011 EXHIBIT "A" PROPERTY DESCRIPTION DEED OF EASEMENT #2011 -EG -099 PORTION OF SECTION 03-33-39 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 2,114.95 feet, Thence South 89°59'13" East for a distance of 50.00 feet to the Southwest corner of Dodgertown Parcel 3A, said point also being the Point of Beginning of the following described easement; From the Point of Beginning run North 69°22'53" East along the South line of said Dodgertown Parcel 3A for a distance of 72.32 feet, Thence North 20°37'07" West for a distance of 25.00 feet; Thence North 69°22'53" East for a distance of 100.00 feet; Thence South 20°37'07" East for a distance of 25 00 feet to a point on the South line of said Dodgertown Parcel 3A Thence North 69°22'53" East along the said South line of said Dodgertown Parcel 3A for a distance of 708.38 feet to the Southwest corner of the county property described in Official Record Book 2517, Page 551 of the Public Records of Indian River County; Thence continue North 69°22'53" East along the south line of said county property for a distance of 211.50 feet; Thence South 20°37'07" East for a distance of 25.00 feet to a point Tying 25 feet north of the north right of way of the Indian River Farms Water Control District's Main Canal; Thence South 69°22'53" West along a line lying 25 north and parallel with the said Main Canal for a distance of 1101 61 feet to an intersection with the East right-of-way of 43rd Avenue; Thence North 00°00'47" East along the said East right-of-way of 43rd Avenue for a distance of 26.71 feet to the Point of Beginning, o rev (2Y ........, °py, f• ;'�F' (, 4. • • 0 n W -: O - $ 0 fv• 4) Said easement containing 29,923 square feet. David R. Gay, PS Pr0fCS r`'�•• S\Property Descriptions\2010\2010-EG-099_ Section 03-33-39_Sep 29 201 doc Sheet 1 of 2 SCALE 1"= 300' POINT OF BEGINNING S89'59'13"E 50 00' a1 rn M M M M M r) I I o co w w Z Z J J O 0 • 0 N I -1I - I � wl SOUTH SECTION LINE 34-32-39 NORTH SECTION LINE 03-33-39 32-39-26-00011-0230-00001.1 DODGERTOWN PARCEL 3A O.R. BK 1961, PG 968 CITY OF VERO BEACH INDIAN RIVER COUNTY PORTION OF DODGERTOWN PARCEL 3-A 11 0 R. BK 2517, PG 551 INDIAN RIVER COUNTY PROPOSED LAKE N2 9 yos� �:711 °oo1 11 O6c�NSUBJECT EASMENT��iR50' ''(ACCESSANDIRRIGATION)� 25 00' ;6;411#7 225001225 � N N20'37'07"W �GO MP\ RI�/ say 2s.00' SRF •.�E• '••.,`s• • DRAINAGE EASEMENT 2011—EG-099 THIS SKETCH IS NOT A SURVEY N00'00'47"E 26 71' / DAVID CITY OF VERO BEACH DEPARTMENT OF PUBLIC WORKS SURVEY DIVISION SKETCH OF PROPERTY DESCRIPTION DEED OF EASEMENT PORTION OF SECTION 03-33-39 EXHIBIT "A" REy. NO.PtoVt5 uTdRZD.BY CITY PROJECT NO. 2011 -EG -099 DR BY DATE DATE 09/2011 DRWN BY DG CHKD BY MKF DESCRIPTION