HomeMy WebLinkAbout2003-257 hh 1485052
V � . THIS DOCUMENT HAS BEEN RECORDED
pD IN THE PUBLIC RECORDS OF
° INDIAN RIVER COUNTY FL
0 BK : 1649 PGA287 , Pagel of 8
10/23/2003 at 09 :01 AM ,
D DOCTAX PD $0.70
JEFFREY K BARTON , CLERK OF
COURT
This Instrument Prepared By
Pattie J. Scott S
Recurring Revenue Section
Bureau of Public Land Administration
3900 Commonwealth Boulevard
Mail Station No . 125
Tallahassee, Florida 32399
BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND
OF THE STATE OF FLORIDA
SOVEREIGN SUBMERGED LANDS EASEMENT
NO . 40008
BOT FILE NO . 310225313
PA NO . 4-061 -56415 - 1
THIS EASEMENT is hereby granted by the Board of Trustees of the Internal Improvement Trust Fund of the State of
' Florida, hereinafter referred to as the Grantor.
WITNESSETH: That for the faithful and timely performance of and compliance with the terms and conditions stated
herein, the Grantor does hereby grant to Indian River County, Florida, hereinafter referred to as the Grantee, a nonexclusive
easement on, under and across the sovereign lands, if any, contained in the following legal description :
A parcel of submerged land in Section 23 ,
Township 31 South, Range 38 East, in San Sebastian River,
v Indian River County, as is more particularly described
and shown on Attachment A, dated May 7. 2001 .
TO HAVE THE USE OF the hereinabove described premises from June 10, 2002, the effective date of this easement .
The terms and conditions of and for which this easement is granted are as follows :
1 . USE OF PROPERTY : The above described parcel of land shall be used solely for public transportation purposes
only by or under the supervision of the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION or such local
governmental entity having maintenance responsibility. Grantee shall not engage in any activity except as described in the St .
Johns River Water Management District Permit No. 4-061 - 56415 - 1 , dated August 7, 2001 , incorporated herein and made a
part of this easement by reference . All of the foregoing subject to the remaining conditions of this Easement .
2 . EASEMENT CONSIDERATION : In the event the Grantor amends its rules related to fees and the amended rules
provide the Grantee will be charged a fee or an increased fee for this activity, the Grantee agrees to pay all charges required by
such amended rules within 90 days of the date the amended rules become effective or by a date provided by an invoice from
the Department, whichever is later. All fees charged under this provision shall be prospective in nature; i . e. they shall begin to
accrue on the date that the amended rules become effective .
3 . AUTOMATIC TERMINATION: This easement shall automatically terminate when, in the opinion of Grantor,
the easement is not utilized for the purposes authorized. Any costs or expenses incurred by Grantor in removing Grantee or its
property from the easement area shall be paid by Grantee.
4 . WARRANTY OF TITLE/GUARANTEE OF SUITABILITY OF USE OF LAND : Grantor neither warrants title
to the lands described herein nor guarantees the suitability of any of the lands for any particular use.
[41 ]
5 . RIGHTS GRANTED : The rights hereby granted shall be subject to any and all prior rights of the United States
and any and all prior grants by the Grantor in and to the submerged lands situated within the limits of this easement.
6 . DAMAGE TO EASEMENT PROPERTY AND INTERFERENCE WITH PUBLIC AND PRIVATE RIGHTS :
Grantee shall not damage the easement lands or unduly interfere with public or private rights therein.
7 . GRANTOR' S RIGHT TO GRANT COMPATIBLE USES OF THE EASEMENT PROPERTY: This easement is
nonexclusive, and the Grantor, or its duly authorized agent, shall retain the right to enter the property or to engage in
management activities not inconsistent with the use herein provided for and shall retain the right to grant compatible uses of
the property to third parties during the term of this easement.
8 . RIGHT TO INSPECT : Grantor, or its duly authorized agent, shall have the right at any time to inspect the works
and operations of the Grantee in any matter pertaining to this easement .
9 . RIGHT TO TERMINATE : Should a need of greater public benefit and use arise as determined by Grantor in its
sole discretion, the Grantor shall have the right to terminate this easement . At such time, the Grantor shall issue written
notification to the Grantee stating the effective date of such termination.
10 . RESOLUTION OF ANY INEQUITIES : Any inequities that may subsequently arise as a result of this easement
shall be subject to negotiation upon written request of either party hereto, and the parties agree to negotiate in good faith. In
case of failure by the respective staffs to resolve the conflict(s), the matter shall be referred to the Grantor for final resolution.
11 . INDEMNIFICATIONIINVESTIGATION OF ALL CLAIMS : The Grantee shall investigate all claims of every
nature at its expense. Each party is responsible for all personal injury and property damage attributable to the negligent acts or
omissions of that party and the officers, employees and agents thereof. Nothing herein shall be construed as an indemnity or a
waiver of sovereign immunity enjoyed by any party hereto, as provided in Section 768 . 28, Florida Statutes, as amended from
time to time, or any other law providing limitations on claims.
12. ASSIGNMENT OF EASEMENT : This easement shall not be assigned or otherwise transferred without prior
written consent of the Grantor or its duly authorized agent and which consent shall not be unreasonably withheld. Any
assignment or other transfer without prior written consent of the Grantor shall be null and void and without legal effect.
13 . TAXES AND ASSESSMENTS : The Grantee shall assume all responsibility for liabilities that accrue to the
subject property or to the improvements thereon, including any and all drainage or special assessments or taxes of every kind
and description which are now or may be hereafter lawfully assessed and levied against the subject property during the
effective period of this easement which result from the grant of this easement or the activities of Grantee hereunder.
14 . CESSATION OF AUTHORIZATION/REMOVAL OF STRUCTURES : Upon termination of this easement all
authorization granted shall cease and terminate and Grantee shall remove all facilities and related structures erected at its
expense.
15 . ENFORCEMENT OF PROVISIONS : No failure, or successive failures, on the part of the Grantor to enforce any
provision, nor any waiver or successive waivers on its part of any provision herein, shall operate as a discharge thereof or
render the same inoperative or impair the right of the Grantor to enforce the same upon any renewal thereof or in the event of
subsequent breach or breaches.
16. RECORDATION OF EASEMENT : The Grantee, at its own expense, shall record this fully executed easement
in its entirety in the public records of the county within which the easement site is located within fourteen ( 14) days after
receipt, and shall provide to the Grantor within ten ( 10) days following the recordation a copy of the recorded easement in its
entirety which contains the O . R. Book and pages at which the easement is recorded.
17 . AMENDMENTS/MODIFICATIONS : This easement is the entire and only agreement between the parties. Its
provisions are not severable. Any amendment or modification to this easement must be in writing and must be accepted,
acknowledged and executed by the Grantee and Grantor.
Page 2 of 8 Pages
Easement No. 40008
IS . ACOE AUTHORIZATION: Prior to commencement of construction and/or activities authorized herein, the
Grantee shall obtain the U. S . Army Corps of Engineers (COE) permit if it is required by the COE. Any modifications to the
construction and/or activities authorized herein that may be required by the COE shall require consideration by and the prior
written approval of the Grantor prior to the commencement of construction and/or any activities on sovereign, submerged
lands.
19. ADDITIONAL STRUCTURES OR ACTIVITIES/EMERGENCY STRUCTURAL REPAIRS : No additional
structures shall be erected and/or activities undertaken, including but not limited to, dredging, relocation/realignment or major
repairs or renovations made to authorized structures, on, in or over sovereignty, submerged lands without the prior written
consent of the Grantor, with the exception of emergency repairs. Unless specifically authorized in writing by the Grantor, such
activities or structures shall be considered unauthorized and a violation of Chapter 253 , Florida Statutes, and shall subject the
Grantee to administrative fines under Chapter 1844, Florida Administrative Code. If emergency repairs are required to be
undertaken in the interests of public health, safety or welfare, the Grantee shall notify the Grantor of such repairs as quickly as
is practicable; provided, however, that such emergency activities shall not exceed the activities authorized by this easement.
20. UPLAND RIPARIAN PROPERTY INTEREST : During the term of this easement, Grantee must have
satisfactory evidence of sufficient upland interest as defined in subsection 1 &21 . 003 (49), Florida administrative Code, to the
extent required by paragraph 1 &21 . 004(3)(b), Florida Administrative Code, in order to conduct the activity described in this
easement. If at any time during the term of this easement, Grantee fails to comply with this requirement, use of the
sovereignty, submerged lands described in this easement shall immediately cease and this easement terminate and title to this
easement shall revert to and vest in the Grantor immediately and automatically .
Page 3 of 8 Pages
Easement No. 40008
Apt `
r E {{
jI [ f• i!
ftr
WITNES S : BOARD OF TRUSTEES OF THE. .........Q
'
IMPRO UST FUND Of .
OF FLO
Original
CA\ I BY: �" "
Print/Type Name of Witness .ph Per s peratio and Management iyorlsu> tam • ' " 4 ,ry
Manager, Bureau of Public Land Admi`nistr'attora, ; ' ' , �' ;• `
Division of State Lands, Department of'ttiviratimental
Original Signature Protection, as agent for and on behalf of the Board of Trustees of`
( the Internal Improvement Trust Fund of the State of Florida
!✓ fele-- 13 IrQ VII''1 I�n 5
Print/Type Name of Witness
"GRANTOR"
STATE OF FLORIDA
COUNTY OF LEON
The foregoing instrument was acknowledged before me this 5 �� day o 42e4 20%3, by
Ralph M Perkins Operations and Management Consultant Manager Bureau of Public Land Administration. Division of State
Lands Department of Environmental Protection, as agent for and on behalf of the Board of Trustees of the Internal Improvement
Trust Fund of the State of Florida. He is personally known to me.
F
APPR D AS TO FO AND LEGALITY : A AA�e 1��yr 60�%IA
otary Public, State of Florida
DEP Attorney
Printed, Typed or Stamped Name
My Commission Expires;.•,. : Pyr,; Florence L Davis
z MY COMMISSION # CC974560 EXPIRES
: A`•s October 11 , 2004
4M T}IBC TRO'i FAIN INSURANCE, INe.
Commission/Serial No.
WITNESSES : =gizinalignirt&e
F SEAL
y i9Sion
final Sign ore lfxeuting kuthojit�y
kI m b r^ /t, u � S uy� ti, Kenneth R Macht " °
yp edName of Witnes Typed/Printed Name of Executing, 4'' O ti iority
Chairman
Original Signature Title of Executing Authority
PATRICIA M . RIDGELY
Typed/Printed Name of Witness "GRANTEE"
STATE OF FLORIDA
COUNTY OF INDIAN RIVER
The foregoing instrument was acknowledged before me this 23rd day of September 20 03 by
Kenneth R Macht. as Chairman, for and on behalf of the Board of County Commissioners of Indian River County Florida. he
is personally known to meoxxv3obwp10 xxxxxxxxxxxxxxxxxxxx s g 0gsimXX
My Commission Expires: 1 -lL tc
July 15 , 2007 Notary PublicOState of Or 7 a
Kimberly E . Massung
Commission/Serial No. DD216503 Printed, Typed or Stamped Name
118#10;a + Py4,,
Kimberly E. Massung
Indian River County Approved Dye
Page 4 of 8 Pages .: .- MY COMMISSION # DD216503 EXPIRES Administration
Easement No. 40008 =�' • July 15, 2007
o•'•' BONDED THRU TROY FAIN INSURANCE, INC
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ROAD CLASSIFICATION 0SI;5
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QUADRAWOIE L"IION
Received IXLLSMERE, FLA.
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2002 1 $ 1949
PHOTnREVICED : 070
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tachment A
Lge 5 of 8 Pages
lsement No. 40008
l
Not to Scale
Sebastian
o
LOCATION OF EASEMENT
yeti w'. L
23 - 31 - 38
n
Received
JUN 0 7 2001
0
Palm Ba � � o
LOCATION MAP y Service Center an
Sao
co
SHEET . 3 OF 3
EASEMENT DESCRIPTION
That part of the sovereign londs of the State of Florida that lie LINE TABLE
within the following described area : NO . ,111 111111111111
Begin at the intersection of the Southery right - of - woy line of Bearin Distance
County Rood 512 and the Southerly Safe Upland Line of the South L1 N 22 ' 45 27 W
19 . 45
Prong of the Sebastian River in Section 23 , Township 31 South , L2 N 26010 58 " _
W
Range 38 East , in Indian River County , and run L3 VN
23 . 17 '
N 22' 45127 " W a distance of 19 . 45 feet to a point . Then run 7' 39 ' 24 ' W 24
. 33 '
N 26' 10 ' 58 " W a distance of 23 . 17 feet to a point . Then run L4 2 * 1 5
' 44 " W 16 . 92 '
N 27' 39 ' 24 " W a . distance o € 24 . 33 feet to a point. Then run L5 859
' 46 " WN 72' 15 ' 44 " W .a distance ' of 16 . 92 - feet to a point . Then run . 20
. 07 '
N 48' 59 ' 46 " 'W a distance of 20 . 07 feet to a point . Then run L6 257
' 42 " W . 39 . 02 '
N 42' 57142 " W o distance of 39 . 02 feet to a point. Then run L7 N 13' 07 23 W 22
32
N 13207 ' 23 " W a distance of 22 . 32 feet to a point. Then run L8 N 39 ' 1
1 ' 37 W
N 39011137 " W o distance of 21 . 77 feet to a point . Then run L9 N 21
. 77
N 58' 37 ' 18 " W o distance of 19 . 13 feet to a point. Then run 5837 ' 18 W 19 . 13
'
N 84' 46129 " W a distance of 15 . 24 feet to a L10 N 84' 46 ' 2Q " W
15 . 24 '
N 63614 ' 58 " W a distance of 18 . 89 feet to a point. Then run L1 i N 63 ' 14
58 W
N 55' 13 ' 10 " W a distance of 6 . 42 feet tooL12 N 5513 10 W 18 89
N 38' 19 ' 25" E, crossing -the Sebastian River, . point .distance of IIIII6
. 42
feet to a Point. Then run L 13 N 38 . 19 25 ' E 43 . 76
S 56' 08 16 " E a distance of 14. 51 feet to a point. Then run L14 S 56'
08 ' 16 " E 14 . 51 ,
S 63'40133 " E a distance of 23 . 80 feet to a point. Then run L15 S 63' 40 33
S 58606 '08 " E a distance of 39 . 01 feet toa point . Then run E
23 ' 80
S 66'29 '44" E o distance of 20 . 61 feet to a point . Then run L17 S 5806
08 E 39 . 01
S 35'55113 " E a distance of 39 . 41 feet to a point . . Then run . L17 S 6629 'MMI
44 " E 20. 61 '
S 29'57228 " E a distance of 20. 67 feet to a point . Then run L1. 8. S
35' 55 ' 13 ". E
S 38' 49 ' 29 E a distance of 14. 05 feet to a point . Then run 39
. 41 '
S 15' 15 '41 " E a distance of 12 . 68 feet to a point. Then run L19 S 2957
' 28 " E . 20 . 67 '
S 44' 07 ' 19 " E a distance of 17 .38 feet to a point. Then run L20 S 38' 49 ' 29 " . E
14 . 05 '
S 40007148 " E a distance of 16 . 16 feet to a point . Then run L21 S 15:
15 ' 41 "
S 28024 '00 " E o distance of 21 . 20 feet to arun E. 12
. 68 '
S 38' 19 ' 25 " W. aooin crossing the Sebastian River, a distance' of L22 S 44' 07 ' 19 "
E 17 . 38 '
50 . 54 feet to the PAINT OF BEGINNING. L23 . . S 40' 07 ' 48 E 16
. 16 '
Containing 11 , 006 . 84 square feet , or 0 . 25 acres , more or less . L24 S 28' 24
00 " E
CERTIFICATION L25 S 38' 19 ' 25 " W 21 . 20
1 , Charles A. Cromer, hereby certify that I am a registered Professional Surveyor and Ma 50
. 54 '
the state of Florida , that this sketch was made under my immediate supervision , and that it is accurate and
I further certify that this sketch meets the Minimum Technical standards as pursuant to Chapter 61 accurate
practice in
Administrative Code , pursuant to F. S . Chapter 472 ,
correct.
of the Florida
Received o
Q � �
7,1 zoo / 2001 o
Charles A. Cromer, P. S. M . Reg . 4094 JUN 0 a
Z
Indian River County Surveyor ate o
1840 25th Street, Vero Beach , - Pa1m INY SeryC
ice E
enter
( 561 ) 567 - 8000 FL 32960 d
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ACAD DWG.FILE: 0111 . DWG Plotted 5 - 7 - 01
Attachment A
Page 8 of 8 Pages
Easement No. 40008