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Home My WebLink About2015-176A TRUE COPY CERTIFICATION ON LAST PAGE J.R. SMITH, CLERK Upon recording return to: Tirso M. Carreja, Esq. Shutts & Bowen LLP 4301 W. Boy Scout Blvd., Suite 300 Tampa, Florida 33607 AMENDED MEMORANDUM OF TOWER SPACE LEASE This Amended Memorandum of Tower Space Lease (this "Amended MOL") is made and entered into as of this 15 day of S ptRmber , 2015, between INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS ("Lessor") whose address is 1840 25`' Street, Vero Beach; FL 32960, and VERIZON WIRELESS PERSONAL'COMMUNICATIONS LP, a Delaware limited partnership d/b/a Verizon Wireless, as successor in interest to PrimeCo Personal Communications, L P ("Lessee"). 1. Lessor, on the terms and conditions set forth in an unrecorded document dated August 5, 1997, entitled "Tower Space Lease", as amended by that certain First Amendment to Tower Space Lease dated of even date herewith by and between Lessor and Lessee (the "Lease"), as evidenced by that certain Memorandum of Lease dated August 5, 1997 by and between Lessor and Primeco Personal Communications, L.P., a Delaware limited partnership, as predecessor in interest to Lessee (the "Memorandum"), which terms are incorporated herein by reference, and in consideration for the rents and covenants therein, hereby grants, bargains, sells, and releases unto Lessee, its successors and assigns, a nonexclusive easement for ingress and egress, seven (7) days a week twenty-four (24) hours a day, on foot and motor vehicle, including trucks, over or along a portion of the property owned by Lessor (the "Relocated Access Easement Area") which Relocated Access Easement Area is more particularly described in Exhibit A attached hereto and made a part hereof. 2. Lessee hereby releases and relinquishes unto Lessor the "Proposed Access Easement" identified in Exhibit "A" of that certain Memorandum as recorded in the Public Records of Indian River County at OR Book 1207, Page 0851, which Proposed Access Easement is hereby terminated and extinguished, without, however, releasing, relinquishing, terminating or extinguishing any rights granted to Lessee under Section 1 of this Amended MOL as to the Relocated Access Easement Area in Exhibit A attached hereto and/or the Proposed Lease Parcel as such is identified on Exhibit "A" of the Memorandum. 3 In the event of any inconsistency between the exhibits contained in the Memorandum and this Amended MOL, the exhibits of this Amended MOL shall control Except as otherwise set forth herein, all other terms and conditions of the Memorandum remain in full force and effect. The purpose of this Amended MOL is to give record notice of the Relocated Access Easement Area, and of the rights created thereby, all of which are hereby confirmed. In the event of a conflict between the terms of this Amended MOL and the terms of the Lease, the terms of the Lease shall prevail. Verizon Wireless Site Name/ID. IRC EMS Station — 62715 A TRUE COPY CERTIFICATION ON LAST PAGE J.R. SMITH, CLERK IN WITNESS WHEREOF, the Parties hereto have set their hands and affixed their respective seals as of the day and year written below. Attest: Jeffrey R. Smith, Clerk of Court And Comptroller Approved: By: J eph A. ird, County Administrator WITNESSES: Name: Name: Verizon Wireless Site NamefID: IRC EMS Station — 62715 "LESSOR" Indian River County, a political subdivision of the State of Florida, by and through its Bpac€141f.. ••'?,s County Commissioners ••••\\!c... ...*..... . By: Wesley S. Davis, C airman : • , c' .., , • ,-'1, .7 • •. : = . ".Y" •: * 1"...' • • . 1:\i(''''‘ , C• : V • C , v.. 0 . . Date approved by BCC: Septerab):11,6',0:..' ...... v Approved as to form nd le 1 sufficiency: By: William K. DeBraal Deputy County Attorney "LESSEE" Verizon Wireless Personal Communications LP, a Delaware limited partnership d/b/a Verizon Wireless By: Name: Aparna Khurjekar Title: Area Vice President Network Date: A TRUE COPY CERTIFICATION ON LAST PAGE J.R. SMITH, CLERK LESSOR NOTARY ACKNOWLEDGMENT: STATE OF FLORIDA COUNTY OF INDIAN RIVER The foregoing instrument was acknowledged before me this 15th day of September , 2015, by Wesley S. Davis , as the Cha; rman , on behalf of the Indian River County Board of County Commissioners. Such person is personally known to me or has produced as identification. (Official Notary Seal) LESSEE NOTARY ACKNOWLEDGMENT: STATE OF NORTH CAROLINA COUNTY OF MECKLENBURG (Official N+tary Signature) Misty L. Pursel Printed Name My Commission Expires: 1/11/18 Notary Public The foregoing instrument was acknowledged before me this day of 2015, by Aparna Khurjekar, as Area Vice President Network of Verizon Wireless Personal Communications LP, a Delaware limited partnership d/b/a Verizon Wireless, on behalf of the limited partnership. She is personally known to me or has produced as identification. (Official Notary Seal) (Official Notary Signature) Printed Name My Commission Expires: Notary Public Verizon Wireless Site Name/ID: IRC EMS Station — 62715 EXHIBIT "A" A TRUE COPY CERTIFICAT ON ON LAST PAGE J.R. SMITH, CLERK DESCRIPTION OEA 20-90.FEET WIDEINGRESS AND -EGRESS ACCESS EASEMENT A 20.0G'FEET'W1DE EASEMENT FOR INGRESS AND EGRESS ACCESS SITUATED IN PART OF THE SOUTHEAST ONE-QUARTER OF SECTION.2. TOWNSHIP 33 SOUTH, RANGE 39 EAST, INDIAN RIVER COUNTY, FLORIDA, BEING MORE P.ARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING•AT THE.RIGHT OF WAY INTERSECTION, AS IT NOW EXISTS, OF THE SOUTH RIGHT OF WAY LINE OF A 60.00 FEET WIDE RIGHT OF WAY FOR STFRANCIS MANOR DRIVE AND THE EAST RIGHT OF WAY LINE OF A 80.00 FEET WIDE RIGHT OF WAY FOR 20TH AVENUE. SAID POINT OF COMMENCEMENT ALSO BEING THE NORTHWEST CORNER OF 'ST FRANCIS MANOR OF VERO BEACH" COMPLEX; RUN SOUTH'00'05'14' WEST ALONG SAID EAST RIGHT OF WAY LINE OF 20TH AVENUE A DISTANCE OF 495.00 FEET TO THE POINT OF BEGINNING OF THE HEREIN'DESCRIBED ACCESS EASEMENT, SAID POINT OF BEGINNING BEING 45.00 FEET NORTHERLY OF THE SOUTHWEST CORNER OF THE AFORESAID ''ST FRANCIS MANOR OF VERO BEACH" COMPLEX; FROM'SAID POINT OF BEGINNING RUN SOUTH 89'25'49" EAST. NORTH OF, PARALLEL WITH AND 45.00 FEET NORMAL TO THE SOUTH BOUNDARY LINEOF SAID- "ST. FRANCIS MANOR OF VERO BEACH" COMPLEX A DISTANCE OF 338.59 FEET, THENCE RUN NORTH 00' 06'34.' EAST ALONG A LINE .BEING 36.00 FEET WEST OF, PARALLEL WITH AND NORMAL TO THE SOUTHERLY EXTENSION OF THE WEST :BOUNDARY LINE OF THAT CERTAIN PARCEL DESCRIBED IN OFFICIAL RECORDS BOOK 806, PAGE 2259 OF THE PUBLIC RECORDS OF- INDIAN RIVER COUNTY, FLORIDA, SAID CERTAIN PARCEL BEING A PORTION OF THE AFORESAID "ST FRANCIS MANOR OF VERO BEACH' COMPI-EX, A DISTANCE OF 34.81 FEET, THENCE RUN SOUTH 89'4312' EAST ALONG A LINE BEING 20.00 FEET NORTH -OF, PARALLEL WITH AND NORMAL TO THE SOUTH BOUNDARY UNE OF SAID CERTAIN PARCEL DESCRIBED IN OFFICIAL RECORDS BOOK 806, PAGE 2259, A DISTANCE OF 56:20 FEET. THENCE RUN NORTH 37'47'40" EAST A DISTANCE OF 65.11 FEET THENCE -RUN NORTH 00'06'34' EAST A DISTANCE OF 48.20 FEET TO THE SOUTH UNE OF THAT CERTAIN"MEMORANDUM OF TOWER SPACE LEASE' PARCEL AS DESCRIBED IN OFFICIAL RECORDS BOOK 1207, PAGE 851 OF THE PUBLIC RECORDS OF INDIAN RIVER 'COUNTY., FLORIDA, SAID POINT BEING APPROXIMATELY 8.96 FEET EAST OF THE SOUTH WEST CORNER OF SAID CERTAIN 'MEMORANDUM OF TOWER SPACE LEASE PARCEL: THENCE RUN SOUTH 89'40'13' EAST ALONG THE SOUTH BOUNDARY LINE OF SAID CERTAIN "MEMORANDUM OF TOWER SPACE LEASE PARCEL, A DISTANCE OF 20.00 FEET, THENCE RUN SOUTH 00'06'34" WEST A.D1ST .NCEOF 54.94 FEET; THENCE RUN SOUTH 37'4T40" WEST A DISTANCE OF 81 79 FEET TO THE SOUTHEAST CORNER OF THAT AFORESAID CERTAIN PARCEL DESCRIBED IN OFFICIAL RECORDS BOOK 806, PAGE 2259; THENCE RUN NORTH 89'43'32' WEST ALONG AFORESAID SOUTH BOUNDARY LINE OF CERTAIN PARCEL DESCRIBED IN OFFICIAL RECORDS BOOK 806, PAGE 2259, A DISTANCE OF 46.00 FEET;. THENCE RUN SOUTH 00'06'34' WEST ALONG A LINE BEING 16.00 FEET WEST OF, PARALLEL WITH AND NORMAL TO THE AFORESAID SOUTHERLY EXTENSION OF THE WEST BOUNDARY LINE OF THAT CERTAIN PARCEL DESCRIBED IN OFFICIAL RECORDS BOOK 806, PAGE 2259, A DISTANCE OF 34.92 FEET. THENCE RUN NORTH 89'25'49' WEST ALONG A LINE BEING 25.00 FEET NORTH OF, PARALLEL W1111 .AND NORMAL TO. THE 'SOUTH BOUNDARY LINE OF SAID "ST. FRANCIS MANOR OF VERO BEACH" COMPLEX A DISTANCE OF 358.58 FEET TO THE AFORESAID EAST RIGHT OF WAY LINE OF 20TH AVENUE; THENCE RUN NORTH 00'05'14' EAST ALONG SAID EAST RIGHT OF WAY LINE A DISTANCE OF 20:00 FEET TO THE POINT OF BEGINNING. THE•SIDE LINES OF THE ABOVE DESCRIBED EASEMENT TO BE.SHORTENED OR PROLONGED TO MEET AT ANGLE POINTS, PARCEL UNES AND RIGHT OF WAY UNES. THE ABOVE DESCRIBED EASEMENT CONTAINING 11131.43 S.F. OR 0.257 ACRES MORE OR LESS. SURVEYOR'S NOTES: 1'. UNLESS R BEARS THE SIGNATURE.AND THE:ORIGINAL RAISED SEAL OF A FLORIDA UCENSED SURVEYOR AND'MAPPER, THIS DRAWING. SKETCH. PLAT OR MAP IS FORINFORMATIONAL PURPOSES ONLY AND ISNOT VALID. 2, A MINIMUM SEARCH WAS MADE OFTHE PUBUC RECORDS BY THIS FIRM OR SURVEYOR FOR RIGHTS-OF-WAY. NO SEARCH WAS MADE OF THE PUOUC RECORDS BY THIS.FIRM OR SURVEYOR FOR RESERVATIONS,'EASEMENTS ANO RESTRICTIONS OF RECORDS. 3. ANYFOUNDATIONS AND UNDERGROUND.UTIUTIESWERE NOT OBSERVED OR RECORDED FOR THIS SKETCH AND DESCRIPTION. 4. BEARINGS -SHOW 4 ARE BASED UPON NADS3/2O07.FLORIDA EAST ZONE (901). THE BEARING OF SOUTH 00'0514' WEST ALONG THE EAST RIGHT OF WAY UNE OF 20TH AVENUE. 5. THIS MAP ISA.SKETCHAND DESCRIPTION OF INGRESS AND'EGRESS ACCESS EASEMENT. A BOUNDARY SURVEY WAS NOT PERFORMED TO DELINEATE THE.BOUNDARY UMITS-OF SAID EASEMENT. 6. THE.DESCRIPTION SHOWN HEREONWAS DEVELOPED BY THE PROFESSIONAL SURVEYOR AND MAPPER AS DIRECTED BY THE CLIENT. LEGEND STA O.RB. R.O.W. LRCO. FL FL PG. P.O.B. P.O.C. (0) (a) -x-x- -OFA STATION OFFICIAL RECORD BOOK RIGHT OF WAY OR RIGHT OF WAY DATA INDIAN RIVER COUNTY, FLORIDA FLORIDA PAGE POINT OF BEGINNING POINT OF COMMENCEMENT OBSERVED DATA DESCRIPTION / DEED GALL EXISTING BARBED WIRE FENCE DOSTINOTOP OF BANK OF DITCH DOSTING'SWALE EXISTING ANCHOR AND GUY HARE EXISTING'OVER HEAD ELECTRIC' EXISTING WOOD UTILITYPOLE THIS IS NOT A BOUNDARY SURVEY Oki CARTER ASSOCIATES, INC. CONSULTING ENGINEERS AND LAND SURVEYORS 17(82}1st STREET, VERO BEACH, FL 32990 TEL; PM 662.401 FAC/r72)562-7.18o DATE WWII PRO/ i : *ISE! lura :2W"!9Y: /SC PPM : FRC owTxY :. Fist amn. W., KWC .FBaPG - CERTIFIED TO: ST. FRAN 4110( UCCURESE; FL. PSM 4765 CAI. LB. 205 SIGNATURE DATE: Y/d ..L•q/ OR C' • SKETCH AND DESCRIPTION 20' WIDE INGRESS/EGRESS ACCESS EASEMENT STRIATED PTPART OF SOUTHEAST QUARTER OF SECTION 2 TOWNSHIP 33 SOUTH, RANGE 39 EAST INDIAN RIVER COUNTY. FLORIDA SHEET 1 OF 2 wv i 19740-A , EAST EXHIBIT "A" ST. FRANCIS MANOR DRIVESOUT, R.O.W.UNE OF 60' WIDE RIGHT OF WAY -----------= N 89'25'37 W ------ -------------• PA.C. R.O.W. INTERSECTION (NW. CORNER OF 'ST. FRANCIS MANOR' . / - WEST UNE EDF' P CO. `i' OF .0. . ST.. FRANCS ►YWOR / - 0, Z O Ir,i Lu O NF., . N 1 H r N 0 tri l O i co CN P.G.B. ACCESSEASEMENT N 00"05'14" E 20.00' 0 Li ( ST. SW. CORNER OF 'ST. FRANCIS MANOR' FRANCIS MANOR PARCEL 'F' S 89'25''49" E 338.59' N 89'25'49" W 358.58' SOUTH UNE OF ST, FRANCIS MANOR N 89'25.49" W 374.58' /% //i / I/// J O 0100 6' HICH CHAIN-UNK FENCEo 1 til- • 0 IP Q O O N' Cr) .0,..i. «.l COto CV I N 33 .Zan 0E go S 89'43'32' E 56.20' O 3�3 o t�• N 00'06'34" E c 34.81' N 4' .1110E coNcREYE ytAUS 176 P.O.B. -DP LE9 E AREA �GFFICIA1. RECORDS BOOK 1207. PG. 851.n• ..•. LR.CO.. FL .4EMORANDUM OF TOWER SPACE LEASE' ''`,• OFFICIAL RECORDS BOOK 1207, PG. 651j . LRCO., FL. WITH EXISTING ANTENNA C O: TOWER AND ANCHORS + U • S 89'40'13" E 20.00' : J.• ;• 4•w ••.NOI.••c&I P• S 89'25'49" B9'25'49" W 1374.58' N. [DUSTING DITCH (Al =Z. CARTER ASSOCIATES, INC. CONSUMING ENGINEERS: AND LAND SURVEYORS 1708 21st.STREET,.VERO BEACH, FL 32960 ' (772)88G:4491 -.-, _.,.FAX: (772) 662-71so 0 0 0 20.00' WIDE ACCESS EASEMENT cosmic ORCH SE CORNER OF PARCEL DESCRIBED W O.R.B. 806, PG. 2259. I.R.C.FL N 89'43'32' W 172.63' DCISTING oITCH 743'32" W 46.00' 00'06'34' W 34.92' SOUTHERLY D(TENSKIN QF WESTERLY BOUNDARY UNE PARCEL DESCRIBED Pl O.R.B. 806. PG. 2259, I.R.C.F . GTfi x40014 :FRfJ1. : 0:47EtImn3 *POSY :FIC KW BY :. Rad 0. U. ,WAG F61PB - NO NA • ... Sa I H I- tL./ i (..) -- 8, ) m ;:j 2 - inti Q�IMo ��FT�� U QO ¢ 1 ¢ >' Ocr W U'. W o 20 LL� �QCJNT SGL. (I Inch . 40 r 4tP ill Z CO W I� a wio Qp �CWIi THIS IS NOT A BOUNDARt EI 1- ILL SKETCH AND DESCRIPTION 20' WIDE INGRESS/EGRESS ACCESS EASEMENT SITUATED IN PART OF SOUTHEAST QUARTER OF SECTION 2, TOWNSHIP 33SDUTH, RANGE 39 EAST INDIAN RNER COUNTY, FLORIDA SHEET 20F2 owe 19740-A