HomeMy WebLinkAbout2015-138Prepared by.
Office of Indian River County Attorney
' 1801 27th Street
Vero Beach, FL 32960
772-226-1425
EASEMENT
AND
MAINTENANCE AGREEMENT
THIS GRANT OF EASEMENT, made and executed this 14th day of
July , 2015, by INDIAN RIVER COUNTY, a political subdivision of the
State of Florida, acting through its Board of County Commissioners, whose mailing
address is 1801 27th Street, Vero Beach, Florida 32960, hereinafter called GRANTOR,
to TITONE PROPERTIES, L.L.C., a Florida limited liability company, having a mailing
address of 606 Dahlia Lane, Vero Beach, Florida 32963, it successors and assigns,
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, nonexclusive easement for water and sewer, 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 in fee simple, 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.
GRANTEE shall not charge GRANTOR a fee to tap into the line(s) installed in the
easement by GRANTEE. If no improvements are constructed in this easement within
five (5) years from the date of this document, this Easement and Maintenance
Agreement shall become null and void.
By acceptance of this easement, GRANTEE will assume perpetual maintenance
of the private water line to be located within said easement.
IN WITNESS WHEREOF, the GRANTOR and GRANTEE have set their hands
and seals the day and year first above written.
'ATTEST: Jeffrey R. Smi j "erk of
Court a.1 I; roller
B
Appro�gtl�to forand uncy:
By -U�iV/`l/
William K. DeBraal, Deputy County Attorney
INDIAN RIVER COUNTY, FLORIDA
acting through its Board of County
Commissioners
Wes ey S. Davis, Chairman °�qy• ��a�y
•RIVER .
GRANTOR
SEAL:
3120150051425
RECORDED IN THE PUBLIC RECORDS OF
JEFFREY R SMITH, CLERK OF COURT
INDIAN RIVER COUNTY FL
BK. 2872 PG: 1510 Page 1 of 4 8252015 3.01 PM
D DOCTAX PD $0.70
�:%f''•., SANDRALWRIGHT
,• .a ;.- MY COMMISSION N EE 168305
wat EXPIRES: June 3, 2016
, Bonded Thru Notary Public Underwriters
Signed, sealed and delivered in the
presence of:
signature:
printed n
signature:-1�/L�
printed n me:Jct,.� r„L �1f'4
ACCEPTANCE:
TITONE PROPERTIES, L.L.C., a
Florida limited liability
company
By: \\. _ _
Mar r, ��' anager
G ANTEE
STATE OF FLORIDA
COUNTY OF INDIAN RIVER
The foregoing instrument was acknowledged before me this /,1 day of
, 2015 by Wesley S. Davis, Chairman of the Board of County
om ssioners of Indian River County, Florida, a political subdivision of
the State of Florida, who is personally known to me.
SEAL:
STATE OF FLORIDA
COUNTY OF INDIAN RIVER
The foregoing instrument was acknowledged before me this 1 Ci4day of
2015 by Mark Titone, Manager of Titone Properties, L.L.C., a
F•da limited liability company, who executed under the authority of said
li i ed liability company. He is either personally known to me or produced
fj,84,c`d¢ &e4)4 e. (passport or driver's license) as identification.
NOTARY PUBLIC
Signature.A4
Printed Name:
Commission No.:
Commission Expiration:
SEAL:
2
NOTARY PUBLIC
Signature.
Printed Na e `Sandra. 1--; ffkl-
Commission No . ltd tiD 3(Lb
Commission Expiration• • I l,7
A I-
�!A 11
/A I
DESCRIPTION — PROPOSED 15' UTILITY EASEMENT
A 15.00 foot wide: strip of land being -a portion of Lot 2, PLAT OF THE SUBDIVISION OF
LAND OF THE ESTATE OF AUGUST. PARK, according to the plat thereof, as recorded in
Plot Book 1, Page 19,. of -the Public Records of St. Lucie County, Florida, said lands
now lying and .being -in Indian River County, Florida, said strip also being a portion of
fonds described in Official Records Book 2032, page 819 and o portion of. lands
described in Official Records Book, 2056, page 2347,..both of the Public Records of
fndian 'River County, Florida; said strip more particularly described as follows:
Commencing at the intersection of the- North line of said Lot 2 with the Westerly
right—of—way (r/w) line .of Indian River Drive (Old U.S.:Highway No. 1, 66' r/w width),
proceed South 26'58'40" East. along said Westerly r/w line a distance of 83.54 feet to
the Northeast corner_ of said lands -described: in Official Records Book 2032 page 819,
said .point being the POINT .OF BEGINNING; thence continue South 26'58'40" East along
said Westerly r/w fine a distance of 1.6.68 feet; thence deporting said Westerly r/w line,
South 88'49'34" West a distance of 252.25 feet, thence North 0110'26" West a
distance of 15.00 feet to a point on the North line of said fonds described ih Official
Records Book 2032, page 819; thence North 88'49'34" East along said North line a
distance of 245:00 feet to the POINT OF BEGINNING.
Containing on. area .of 3729 square feet, more or less.
William B.. Zentz & Associates, Inc.
Profession J'Surveying&Mapping
CERTIFICATE' OF'.AUtHOPoZA11ON (L13) No. 6810
684 Old Dixie Highway
Vero .Beach, fl 32562
Pkione: (772) 567-7552
Fax (772) 567-1751
J08. No.
208-00'1
part
4/24/15
SHEET OF
1 2
GRAPHIC SCALE.
0 20 40 80
beer. j'. IIIIIIIIIIIIIIIIIIIIII,' ... ,n^ftix� ,.., v+�:
(IN FEET) 1 'INCH=40 FT
Notes:
1 This is not a survey.
N8849'347E
195.40'
LANDS DESCRIBED IN
O.R.B. 1012, PACE 1835
& O.R.B. 40, PAGE. 206
N88'49'34'E
N01'1.0'2S W--�J
15.00'
ti
N88749'34'E
P. 0.C.
145.00'
N. UNE LOT 2, AUGUST PARK
P.B.S. 1, PG 19
P.O.B.
N.E; COR. LANDS DSC.. IN
0.R.8, 2032, PAGE. 819
N88'49 34"E
145.00'
195.40',.
88' 4 A :: ".245:04 us.
252.25'
SEIB-49'34'W
DESCRIBED STRIP
PROPOSED 15' UTILITY EASEMENT
(HATCHED)
3729 SQUARE FEET, ±
LANDS DESCRIBED IN
O.R.B. 2032, PAGE. 819
S89'06'26"E
2. Reproductions of this sketch are not valid unless it
bears the signature and original raised seal of a Florida
licensed Surveyor & Mapper
3. Parcel lines shown based on boundary survey by
Masteller, Moler, Reed '& Taylor, drawing 5981 01, dated
9/20/06 as provided by client.
4 Description shown in thisdocument originoted by this
surveyor:
Legend :
m
234.50'
1.3
aa'CAN'
\\•_
\
. ZO
Jt�
\ -73
o \
S26'58'40'E
16.66'
LANDS :DESCRIBED 'IN
O.R.B. 2056, PAGE 2347
88'49'34"E
25.13
1i
h
O
0
P.0 C.=POINT OF COMMENCEMENT
P 0.B.=POINT OF BEGINNING
O:R.B:=OFFICIAL RECORDS BOOK
P.U.S.=PLAT 800K ST' LUCIE .COUNTY RECORDS
®;
N88'49'347E 119.87'
N
Sketch of Description
William (3, Zentz & Associates, Inc.
Pliofessfonal Si rveyOgdtMapping
CERTIF1CAtE OF AUTHORIZAl1ON (111) No. 6840
684 Old Dixie Highway
Vero Beach, FI 32962
Phone: (.772) 567-7552
Fait . (772) 567-1751
✓08 Na,
208-001
n4rE
4/24/15
.SHEET .OF
2' 2