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Home My WebLink About2015-146TEMPORARY CONTRUCTION EASEMENT DEED (2015-/TCE) 11-4 THIS INDENTURE made and entered into as of the dayof QJ, i -n r 2015, ��}� Au ust by and between SCHOOL BOARD OF INDIAN RIVER COUNTY (the "Grantor"), whose mailing address is 1990 25`h Street, Vero Beach, Florida 32960, and INDIAN RIVER COUNTY, a political subdivision of the State of Florida (the "Grantee"), whose mailing address is 1801 27`h Street, Vero Beach, Florida 32960 (Wherever used herein the terms "Grantor" and "Grantee" include all 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 PART OF THE EASTA/2 OF EAST 1/2 OF THE SE 1/4 OF SE 1/4 AS FOUND IN DEED BOOK 67, PAGE 173 & PART OF SW 1/4 OF SW 1/4 OF SECTION 23 RANGE 32 TOWNSHIP 39 AS FOUND IN DEED BOOK 67, PAGE 173 LESS A PARCEL IN SECTION 23 DESCRIBED IN OFFICIAL RECORD BOOK 535, PAGE 322 The Grantor, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, hereby grants to the Grantee, its successor and assigns, a temporary construction easement ("Easement") for the purpose of installing landscaping for the 45th Street Beautification Project ("Project") on property located on the south side of Gifford Middle School, which Easement is more particularly described in Exhibit "A" (the "Easement Premises"), attached hereto and incorporated herein by reference. and which Easement shall run with and be a burden upon the Property for the duration of such Project Grantor hereby reserves for itself, its successors and assigns, the right to use the Easement Premises fix the purpose not inconsistent with the Easement granted herein, including without limitation, the right of ingress, egress and passage by Grantor and its employees, agents, customers, and invitees, over across, and through the Easement Premises Grantor further grants to the Grantee, its agents, employees, contractors, and assigns, a general ingress/egress over and across the Property for any municipal or governmental purpose related to the purpose of the Easement. Grantee shall not be otherwise responsible for maintenance of the Easement Premises. THIS EASEMENT is granted under the following conditions. 1. Easement shall be for a period of thirty (30) days from commencement of construction on the Project. . 2 Grantee shall occupy the premises for the purpose of installation of landscaping within the Easement or any extension thereof, and to leave the Easement Premises in substantially the same conditions as existed on the date this Easement Deed was executed 1 3. Grantee agrees to surrender possession of the Easement Premises upon the expiration of the Easement or any extension thereof, and to leave the Easement Premises in substantially the same conditions as existed on the date this Easement Deed was executed 4. Grantee shall indemnify and hold Grantor harmless from any damage to the Easement Premises that may arise as a direct result of Grantee's temporary use of such Easement Property, but only to the extent allowed by F.S. 768.28. 5. This Easement Deed shall not be recorded in the public records 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 Easement to be executed in its name as of the day and year first herein written. ATTEST: Board Secretary STATE OF FLORIDA COUNTY OF INDIAN RIVER GRANTOR: SCHOOL BOARD OF INDIAN RIVER COUNTY Matthew McCain Board Chairman The foregoing instrument was acknowledged before me this day of 5 err jac . 2015, by Matthew McCain, as Board C irman and attested by MAre Pendell , as Board Secretary, on behalf of Grantor. They are [ identification and [] did or [ did not take an oath 2 NOTARY PUBLIC State of Fl a at Large My Commission No. My Commission Expires PEGGY. O. POYSELL -Notary Public - State of Florida • My Comm. Expires Sep 8.2017 Commission I FF 029981 '' Bonded Through Wand Motsry Assn. 4 ACCEPTANCE OF CONVEYANCE The foregoing conveyance is hereby accepted by the Board of County Commissioners, Indian River County, Florida as evidenced by the signature of the undersigned, who is authorized to accept this conveyance. Attest: Jeffrey R. Smith, Clerk B of Court and Comptroller This document was prepared by Indian River County Attorney's Office 1801 27th Street Vero Beach, FL 32960 (772) 226-1426 3 INDIAN RIVER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS ��pNERS:*• I Wesley S. avis, Chairman :moo: BCC approved: August 18, 2015 lNO�AN�'•� (Official Seal) Approved as to form and legal sufficiency William K. DeBraal Deputy County Attorney LEGAL DESCRIPTION: TEMPORARY LANDSCAPE AND MAINTENANCE EASEMENT A PORTION OF THOSE LANDS LYING IN SECTIONS 22 AND 23, TOWNSHIP 32 SOUTH, RANGE 39 EAST, AS DESCRIBED IN DEED BOOK 67, PAGE 173, OF THE PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA; BEING MORE -PARTICULARLY DESCRIBED AS FOLLOWS. COMMENCE AT THE SOUTHEAST CORNER OF SAID SECTION 22; THENCE RUN N00'28'41 "E, ALONG THE EAST LINE OF SAID SECTION 22, A DISTANCE OF 45 00 FEET TO A POINT ON THE NORTH RIGHT OF WAY LINE OF 45th STREET PER OFFICIAL RECORDS BOOK 62, PAGE 541, OF THE AFORESAID PUBLIC RECORDS FOR A POINT OF BEGINNING; THENCE DEPARTING SAID EAST LINE RUN N89'42'44"W, ALONG SAID NORTH RIGHT OF WAY LINE, A DISTANCE OF 274.84 FEET TO A POINT ON THE EAST RIGHT OF WAY LINE OF 28th COURT PER PLAT BOOK 16, PAGE 98, OF THE AFORESAID PUBLIC RECORDS, THENCE DEPARTING SAID NORTH RIGHT OF WAY LINE RUN N00'16'10"E, ALONG SAID EAST RIGHT OF WAY LINE, A DISTANCE OF 50.00 FEET, THENCE DEPARTING SAID EAST RIGHT OF WAY LINE RUN S89'42'44"E, PARALLEL WITH THE SOUTH LINE OF SAID SECTION 22, A DISTANCE OF 15 00 FEET; THENCE. RUN S44'43'17"E, A DISTANCE OF 56.58 FEET TO A POINT 10 FEET NORTH OF THE AFORESAID NORTH RIGHT OF WAY LINE; THENCE RUN S89'42'44"E, 10 FEET NORTH OF A PARALLEL WITH SAID NORTH RIGHT OF WAY LINE, A DISTANCE OF 219.88 FEET TO A POINT ON THE EAST LINE OF SAID SECTION 22; THENCE RUN S89'46'13"E, 10 FEET NORTH OF A PARALLEL WITH SAID NORTH RIGHT OF WAY LINE, A DISTANCE OF 227.57 FEET; THENCE RUN NO013'47"E, A DISTANCE OF 15 00 FEET; THENCE RUN 589'46'13"E, 25 FEET NORTH OF AND PARALLEL WITH SAID NORTH RIGHT OF WAY LINE, A DISTANCE OF 173.00 FEET; THENCE RUN 500'13'47"W, A DISTANCE OF 25 00 FEET TO A POINT ON SAID NORTH RIGHT OF WAY LINE; THENCE RUN N89'46' 13"W, ALONG SAID NORTH RIGHT OF WAY LINE, A DISTANCE OF 400 61 FEET TO THE POINT OF BEGINNING CONTAINING: 0.25 ACRES (10,750 SQUARE FEET), MORE OR LESS. SURVEYOR'S NOTES 1 THIS SKETCH OF DESCRIPTION IS NOT VALID WITHOUT THE SIGNATURE AND ORIGINAL RAISED SEAL OF THE FLORIDA LICENSED PROFESSIONAL SURVEYOR AND MAPPER NAMED HEREON. 2. THIS SKETCH OF DESCRIPTION MEETS OR EXCEEDS ALL APPLICABLE REQUIREMENTS OF THE STANDARDS OF PRACTICE PER CHAPTER 5J-17, FLORIDA ADMINISTRATIVE CODE. 3. THE SUBJECT PROPERTY MAY BE SUBJECT TO EASEMENTS, RESTRICTIONS, RESERVATIONS AND RIGHT OF WAYS NOT SHOWN HEREON, BUT MAY BE FOUND IN THE PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA. 4 THIS SKETCH OF DESCRIPTION WAS PREPARED WITH THE BENEFIT OF A TOPOGRAPHIC SURVEY PREPARED BY INDIAN RIVER COUNTY ENTITLED '45th STREET BEAUTIFICATION: 43rd AVE TO U.S. HIGHWAY No. 1', ON THE DATE OF DECEMBER 2, 2013. ' 5. THE BEARING SHOWN HEREON ARE BASED UPON THE 1983 NORTH AMERICAN DATUM (2011 ADJUSTMENT), AND PROJECTED IN THE FLORIDA STATE PLANE COORDINATE SYSTEM. EAST ZONE, DERIVING A GRID BEARING OF N89'42'44"W, ALONG THE SOUTH LINE OF SECTION 22, TOWNSHIP 32 SOUTH, RANGE 39 EAST LEGEND & ABBREVIATIONS COR. = CORNER ESMT = EASEMENT I.R.F W C.D = INDIAN RIVER FARMS WATER CONTROL DISTRICT LTD = LIMITED PARTNERSHIP O.R.B. = OFFICIAE RECORDS 800K P.O.B. = POINT OF BEGINNING P.0 C. = POINT OF COMMENCEMENT R/W = RIGHT OF WAY SEC. = SECTION—TOWNSHIP—RANGE T.I.F.F = TRUSTEES OF THE INTERNAL IMPROVEMENT FUND CERTIFICATION SUVE1'OR AND MAPPER IN RESPONSIBLE CHARGE • 1 A V DAVID M SILON P S M DATE FLORIDA REGISTRATION No 6139 INDIAN RIVER ASSISTANT COUNTY SURVEYOR NDIAN RIVER COUNTY ADMINISTRAT ION BUILDING 1 f}(11 27th STREET VERO BEACH. FL 32960 ('72) 567-8000 THIS IS NOT A BOUNDARY SURVEY SKETCH TO ACCOMPANY LEGAL DESCRIPTION PREPARED FOR INDIAN RIVER COUNTY ENGINEERING DEPARTMENT NOT COMPLETE WITHOUT SHEET 2 OF 2. /ND/AN RIVER COUNTY Deparfinen/ of Public Works Engineering Division DRAWN BY. D. SIL ON SECTIONS 224-23 APPROVED BY D. S/L ON TOWNSHIP 325. RANGE 39E. SKETCH OF DESCRIPTION FOR A TEMPORARY LANDSCAPE AND MAINTENANCE EASEMENT SHEET OF II 60' R/W PER P.B 16, PC. 98 28th COURT w z J K S89'42'44"E 15.00' N R/W LINE 10' S89'42'44"E 219 88' 1 ////////////////////////////////// 0 50 100 200 INDIAN RIVER COUNTY SCHOOL BOARD (GIFFORD MIDDLE SCHOOL) PER DEED BOOK 67, PG. 173 N00' 13'47"E 15.00' GRAPHIC SCALE ( IN FEET ) S89'46'13"E 173,00' 589'46'13"E 227 57' ;,;",CONTAINING: +/- 0.25 ACRES/2 7/ (10,750 SQUARE FEET) 2 N89'46'13"W 400 61' ///iii/////////////////////////, N89'42'44"W 274 84' 1 ' N00'28'41"E-�' P•0•B• P.O.C. S. LINE SEC. 22-32-39 45 00' NDIAN RIVER COUNTY ADMINISTRATION BUILDING 1801 27th STREET VERO BEACH, FL 32960 (7721 567-8000 N89'42'44"W SE COR. SEC. 22-32-39 45th STREET S. LINE SEC. 23-32-39 N89'46'13"W NOT COMPLETE WITHOUT SHEET 1 OF 2. /ND/AN RIVER COUNTY Depor/men/ of Public Works Engineering Division DRAWN BY D. S/L ON APPROVED BY D. S/L ON SECTIONS 22&23 TOWNSHIP 32S. RANGE 39E. S00' 13'47"W 25.00' N d K c� o v 0 I+ SKETCH OF DESCRIPTION FOR A TEMPORARY LANDSCAPE AND MAINTENANCE EASEMENT b 5 1 1