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HomeMy WebLinkAbout2009-176D 14 40 This instrument prepared by 0 r7 1 THIS DOCJ00FINT HAS BEEN and to be returned to : 4C(, PDE '` .I I T , iE P1B � IC REC : RDS William W . Caldwell , Esq , 3F INDIAN , RIVER COUNTY FL Collins , Brown , Caldwell , BK 2424 FG 1175 Pagel of 4 Barkett & Garavaglia , Chtd . �s o , to ar O : 41 PM , C) DocT x PD 2125 Windward Way Vero Beach , FL 32963 JEFFREY K BAR roti , CLERK OF COURT Please return to : William K. DeBraal , Esq . Assistant County Attorney County Administration Building 1801 27" Street Vero Beach , FL 32960 Property Parcel No , EASEMENT FOR DRAINAGE This Grant of Easement for Drainage , made and executed this . lday of 2009 , by 510 , LLC , A Florida limited liability company the post office address for which is : 4310 77th Street , Vero Beach , FL 329671 Grantor ; and INDIAN RIVER COUNTY, FLORIDA , a political subdivision of the State of Florida the post office address for which is : 1801 27th Street , Vero Beach , FL 32960 , Grantee . Whenever used herein the terms Grantor and Grantee include all parties to this instrument and their heirs , legal representatives , successors and assigns . Grantor , for and in consideration of the sum of One Dollar ( $ 1 . 00 ) and other consideration , receipt of which is hereby acknowledged , does hereby grant , bargain , sell , alien , remise , release , convey , and confirm unto the Grantee a non -exclusive easement for drainage to accept the same drainage volume that the drainage facility accepts on the date hereof, on , over , across and beneath the land described in Exhibit A attached hereto and made a part hereof, situate in Indian River County , Florida (the " Easement Premises ") . The parties agree that notwithstanding the grant of this Easement , the Grantor reserves unto itself and its successors and assigns , the right to construct , on the Easement Premises , culverts , paved driveways and parking , curbing , landscape , grass and shrubs ( no trees) and utility easements , with the approval of Grantee , which approval would not be unreasonably withheld . And Grantor hereby covenants with said Grantee that it is lawfully seized of the Easement Premises in fee simple , and that it has good right and lawful authority to convey the Easement Premises established hereby and will defend the same against the lawful claims of all persons claiming by , through or under the said Grantor. IN WITNESS WHEREOF , the Grantor has herein set its hand and seal the day and year first above written . Signed , sealed and delivered in our presence : 519;K k Witness signature a Fid . lim, ed lia . V lity company a L a rz ; L o N By Printed name et . K nedy nager 17 01"' Mwofp '� 431077 Str t Witness n ture ; Vero Beach , L 32967 " '. It Printed name STATE OF FLORIDA COUNTY OF INDIAN RIVER The foregoing was acknowledged and subscribed before me , the undersigned authority , this,�3D7�A day of , 2009 , by Kenneth P . Kennedy , Manager of 510 , LLC , a Florida limited I ' ility c pany , on behalf of same , who is ( yrpersonally known to me or ( ) has produced as Ode tification . ( Notary Seal ) am . BRAZIENotary Pu is State of FloridON # DD831743 Printed Ntoba' 17, 2012 Dlswom Assoc. Co. The preparer of this instrument was neither furnished with nor requested to review an abstract or policy of title insurance on the above described property and expresses no opinion as to condition of title . SURVFYOR ' S NOTES : I . ALL DIMENSIONS SHOWN HEREON ARE IN FEET AND N DECIMAL PARTS THEREOF . 2 . THE NORTH RIGHT OF WAY LINE OF STATE ROAD 510 BEARS S 45010 ' 50 " W AND ALL OTHER BEARINGS ARE RELATIVE THERETO , SKETCH OF DESCRIPTION 1 " - 60 ' NOT A FIELD BOUNDARY SURVEY 86TH PLACE ( HIBISCUS BOULEVARD ) S RIGHT OF WAY LINE LIO 46TH AVENUE PO I NT OF ( SUNRISE STREET ) BEGINNING 13 NE CORNER . . . . . . . . . . . . . . . . . LOT 13 . BLOCK 8 in w z o WEONA PARK ` oZ -� o 0 NORTHERLY RIGHT 14 -J >- ` \j OF N > STATE YROAD E510 . . . . . . . . . . . . . . . . . 3�: LL w L 0 u� 15 o = F-- (D o O o cr. W O 0 \O 16 0 3 Z co 17 LINE BEARING DISTANCE L 10 S 89 ° 55052 " E 25 . 00 ' 100001 L 11 S 45 ° 1 0 ' 50 ' W 35 . 07 ' L 12 N 00016657 - W 14 . 03 ' SEE SHEET 2 FOR DESCRIPTION SHEET I OF 2 * DATE OF SURVEY : 5 - 4 - 09 THIS SURVEY IS NOT VALID WITHOUT THE SIGNATURE DAVID M . JONES AND ORIGINAL RAISED SEAL OF THE FLORIDA LICENSED SURVEYOR & VAPPER NAMED BELOW . PROFESSIONAL SURVEYOR MAPPER * SURVEYOR AND MAPPER IN RESPONSIBLE CHARGE DAVID H . J (3NES FLORIDA - Ll ENSU- : I ' .tyl � EF rS 3909 ( 772 ) 567 - 9875 3899 39TH SOUARE MAY 0 5 2009 ( 772 ) 567 - 9172FAX VERO BEACH . FL FL 32960 IS I GNED AND 04 - 188 SKETCH OF DESCRIPTION NOT A FIELD BOUNDARY SURVEY EXHIBIT 8A DRAINAGE EASEMENT OVER 46TH AVENUE RIGHT OF WAY RELEASE A PARCEL OF LAND BEING A PORTION OF WEONA PARK ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 2 . PAGE 17 OF THE PUBLIC RECORDS OF INDIAN RIVER COUNTY , FLORIDA , SAID PARCEL BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS , BEGIN AT THE INTERSECTION OF THE WEST RIGHT OF WAY LINE OF 46TH AVENUE ( SUNRISE STREET ) AND THE SOUTH RIGHT OF WAY LINE OF 86TH PLACE ( HIBISCUS BOULEVARD ) AS SHOWN ON THE PLAT OF WEONA PARK AS RECORDED IN PLAT BOOK 2 . PAGE 17 , OF THE PUBLIC RECORDS OF ST . LUCIE COUNTY ( NOW INDIAN RIVER ) COUNTY , FLORIDA SAID POINT ALSO BEING THE NORTHEAST CORNER OF LOT 13 , BLOCK 8 . SAID PLAT OF WEONA PARK : THENCE SOUTH 89 DEGREES 55 MINUTES 52 SECONDS EAST , ALONG THE EASTERLY PROJECTION OF THE NORTH LINE OF SAID BLOCK 8 . A DISTANCE OF 25 . 00 FEET TO A POINT ON THE EAST RIGHT OF WAY LINE OF SAID 46TH AVENUE : THENCE SOUTH 0 DEGREES 16 MINUTES 57 SECONDS EAST . ALONG SAID RIGHT OF WAY LINE , A DISTANCE OF 200 . 60 FEET TO A POINT ON A LINE THAT IS 10 . 00 FEET NORTH OF , AS MEASURED AT RIGHT ANGLES TO , THE NORTH RIGHT OF WAY LINE OF STATE ROAD 510 : THENCE SOUTH 45 DEGREES 10 MINUTES 50 SECONDS WEST , ALONG SAID LINE , A DISTANCE OF 35 . 07 FEET TO A POINT ON THE AFOREMENTIONED WEST RIGHT OF WAY LINE OF 46TH AVENUE : THENCE NORTH 0 DEGREES 16 MINUTES 57 SECONDS WEST , ALONG SAID RIGHT OF WAY LINE , A DISTANCE OF 225 . 35 FEET TO THE POINT OF BEGINNING : SAID PARCEL CONTAINING 0 . 1222 ACRES , MORE OR LESS , SHEET 2 OF 2 SEE SHEET I FOR SKETCH OF DESCRIPTION DAVID M . JONES SKETCH OF DESCRIPTION PROFESSIONAL SURVEYOR A MAPPER NOT A FIELD BOUNDARY SURVEY ( 772 ) 567 - 9875 3899 39TH SOUARE ( 772 ) 567 - 9172FAX VERO BEACH , FL FL 32960 I ne _ ian