HomeMy WebLinkAbout2009-176F OF
This instrument prepared by 2070533
and to be returned to : THIS DOCUMENT HAS BEEN
William W . Caldwell , Esq . _ > DED T ; E PUB, IC RECJRDS
Collins , Brown , Caldwell , OF INDIAN RIVER COUNTY FL
Barkett & Garavaglia , Chtd . BK 220 � C at at24 PG 11 03 41 Page0. or a
06- 08 1 PM , D DOCTAX PD
2125 Windward Way Qc
Vero Beach , FL 32963
JEFFREY K BART ONO CLERK OF COURT
Please return to :
William K. DeBraal , Esq .
Assistant County Attorney
County Administration Building
1801 27th Street
Vero Beach , FL 32960
Property Parcel No ,
EASEMENT FOR DOMESTIC WATER UTILITIES LINE
This Grant of Easement for Domestic Water Utilities Line , made and executed this
day of , 20091 by
5109 LLC , A Florida limited liability company
the post office address for which is : 4310 77th Street , Vero Beach , FL 32967 ,
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 329601
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 domestic water utilities line 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 , paved driveways and parking , curbing , landscape , grass and shrubs ( no trees)
and utility easements , with the approval of Grantee , which approval would not e
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 =e :
9 d
Witness signature a F � ida I i ed Ii bility company
L o e L o By
Printed name enneth P . Kennedy
^ Manager
th
4310 77Street
Witness sin re y Vero Beach , ''FL 32967
9s
Printed name
STATE OF FLORIDA
COUNTY OF INDIAN RIVER
The foregoing was acknowledged and subscribed before me , the undersigned
authority , this<ADY�6 day of , 2009 , by Kenneth P . Kennedy , knager of
510 , LLC , a Florida limited Ii 9dity co pany , on behalf of same , who is ( ' personally
known to me or ( ) has produced as ide tification .
-_
( Notary Seal ) _ d ► - ,/ - -
Notary Pu , State of Fl11
orida
° TarrDY A. s>�z� Printed N } '
MY COMMISSION k DD831743
EXPIRES: October 173 2012
OF FI . Notary Diswunt Assoc. Co.
j .g(k.).NOTARY
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 .
SURVEYOR ' 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 45010850 " W AND ALL OTHER BEARINGS ARE
RELATIVE THERETO .
60 '
LINE BEARING DISTANCE
L 4 N 00016 ' 57 ' W 60 . 00 '
L 5 S 45 ° 10150 " W 85 . 02 '
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`" 1 p g g 7 6 I I 17
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a LOT IO . ; BLOCK 8 ; S 89055 ' 52 " E 370 . 20 ' . S LINE BLOCK 8
N RIGHT OF WAY LINE 86TH STREET 10 . 00 '
v
v
W J
z
J S RIGHT OF WAY LINE 86TH STREET
c N 89 ° 55 ' 52 " W � 309 . 66 ' N LINE: BLOCK 9 1 3
POI NT : OF
LL BEGINNING 12
4 5
NW CORE ER 3
= LOT ( . ; BLOCK 9 - NORTHERLY RIGHT
I 2 OF WAY LINE
STATE ROAD 510
w
SKETCH OF DESCRIPTION
NOT A FIELD BOUNDARY SURVEY
SEE SHEET 2 FOR DESCRIPTION
SHEET I OF 2
* DATE OF SURVEY : 5 - 4 - 09
THIS SU' RV Y 15 NOT VALID WITHOUT THE SIGNATURE DAVID M . JONES
AND ORiG ( NAL RAISED SEAL OF THE FLORIDA LICENSED
SURVEYOR & MAPPER NAMED BELOW . PROFESSIONAL SURVEYOR MAPPER
* SURVf: YOR AND MAPPER IN RESPONSIBLE CHARGE
DAViD M . JONES _
�<'� �: 5U ' ABSR S 3909 ( 772 ) 567 - 9875 3899 39TH SQUARE
( 772 ) 567 9 1 72FAX VERO BEACH . FL
F
FL 32960
( S I GNFD }`,. ND .TS'EAL 1-}
II
04 - 188
SKETCH OF DESCRIPTION
NOT A FIELD BOUNDARY SURVEY
EXHIBIT 8B NORTH 30 FEET OF 86TH STREET RIGHT OF WAY RELEASE
A PARCEL OF LAND BEING A PORTION OF WEONA PARK ACCORDING TO THE PLAT THEREOF
FAS RECORDED LORIDA , SAIDNPLAT PARCELBBEIING MORE2 . E17 PARTOF THE ICULARLYUBLIC DESCRRIBEDRDS OF AN RIVER COUNTY .
AS FOLLOWS *
BEGIN AT THE INTERSECTION OF THE EAST RIGHT OF WAY LINE OF 47TH AVENUE ( TROPICAL
AVENUE ) AND THE SOUTH RIGHT OF WAY LINE OF 86TH STREET ( PALM 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 SAID POINT BEING ALSO THE NORTHWEST
CORNER OF LOT 1 . BLOCK 9 OF SAID PLAT OF WEONA PARK . THENCE NORTH 0 DEGREES 16
MINUTES 57 SECONDS WEST . ALONG THE NORTHERLY PROJECTION OF THE WEST LINE OF SAID
BLOCK 8 . A DISTANCE OF 60 . 00 FEET TO THE SOUTHWEST CORNER OF LOT 10 , BLOCK 9 . WEONA
PARK AND A POINT ON THE NORTH RIGHT OF WAY LINE OF SAID 86TH STREET : THENCE SOUTH 89
DEGREES 55 MINUTES 52 SECONDS EAST . ALONG THE SOUTH LINE OF SAID BLOK 9 AND THE NORTH
RIGHT OF WAY LINE OF 86TH STREET , A DISTANCE OF 370 . 20 FEET TO A POINT ON A LINE THAT IS
10 . 00 FEET NORTHERLY OF . AS MEASURED AT RIGHT ANGLES TO , THE NORTHERLY RIGHT OF WAY
LINE OF STATE ROAD 510 : THENCE SOUTH 45 DEGREES 10 MINUTES 50 SECONDS WEST . ALONG SAID
LINE , A DISTANCE OF 85 . 02 FEET TO A POINT ON THE NORTH LINE OF SAID BLOCK 9 AND THE SOUTH
RIGHT OF WAY LINE OF 86TH STREET : THENCE NORTH 89 DEGREES 55 MINUTES 52 SECONDS WEST
ALONG SAID NORTH LINE OF SAID BLOCK 9 AND THE SOUTH RIGHT OF WAY LINE OF 86TH STREET ,
A DISTANCE OF 309 . 60 FEET TO THE POINT OF BEGINNING :
SAID PARCEL CONTAINING 0 . 4682 ACRES , MORE OR LESS ,
SEE I FOR
SHEET 2 OF 2 SKETCH OFEET DESCRIPTION
DAVID M . JONES
SKETCH OF DESCRIPTION PROFESSIONAL SURVEYOR 6 MAPPER
NOT A FIELD BOUNDARY SURVEY
( 772 ) 567 - 9875 3899 39TH SQUARE
( 772 ) 567 - 9172FAX VERO BEACH , FL
FL 32960
04 - I88