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HomeMy WebLinkAbout2009-176 a� 0 � - / 7� CODICIL TO DEVELOPER' S AGREEMENT AS TO PROPERTY NORTH OF CR 510 THIS CODICIL TO DEVELOPER' S AGREEMENT AS TO PROPERTY NORTH OF CR 510 is made and entered into this 16th day of dune 2009 , by and between INDIAN RIVER COUNTY, FLORIDA , a political subdivision of the State of Florida (the " County") , 1801 27th Street, Vero Beach , FL 32960 ; and 510 , LLC (" 510 , LLC " ) , a Florida limited liability company (" 510 , LLC") , 4310 77th Street , Vero Beach , FL 32967 ; and shall become a part of that certain Developer' s Agreement , only as to the property described in said Agreement North of CR 510 , between Indian River County , Florida , a political subdivision of the State of Florida (" County") ; WCI Communities , Inc . , a Delaware corporation (" Developer") ; and Orchid Landing , LLC , a Florida limited liability company (" Owner") , dated June 21 , 2005 (the " June 217 2005 Agreement" ) ; as furthered by that Side Agreement to Developer' s Agreement (collectively the "Agreement") between Orchid Landing , LLC , a Florida limited liability company ; and WCI Communities , Inc . , a Delaware corporation dated August 18 , 2005 ; the Owner' s interest in said Agreement having been successively assigned by Owner to Kenneth P . Kennedy , as to an undivided fifty percent (50 % ) interest; Thomas P . Kennedy , as to an undivided twenty-five percent (25 % ) interest; and Robert E . Briggs , as to an undivided twenty-five percent (25 % ) interest, by Assignment of Developer' s Agreement, dated August 25 , 2005 ; the twenty-five percent (25 % ) interest of Robert E . Briggs being assigned to Thomas P . Kennedy, by Assignment of Developer' s Agreement, dated August 26 , 2005 ; with the entire Owner' s interest therein then assigned by Kenneth P . Kennedy and Thomas P . Kennedy to 510 , LLC , by Assignment of Developer' s Agreement, dated January 10 , 2006 (all above referenced documents attached as " Composite Exhibit 1 " ; and WHEREAS , 510 , LLC , is the owner of the real property described in the Agreement which lies north of SR 510 herein described in Exhibit 2 hereto (the " Property North of 510") , being a portion of the property described as the " Property" in Exhibit A to the Agreement; and WHEREAS , as to the Property North of 510 , 510 , LLC , is the successor to ownership evidenced by Deed recorded in Official Record Book 1983 , Page 365 , Public Records of Indian River County , Florida ; and WHEREAS , as to the property south of SR 510 ( the " Property South of 510" ) described in the Agreement , the County , the Developer , the Owner and their successors in interest , without approval by 510 , LLC , have made separate and distinct agreements to allow the Property South of 510 to be permitted and /or developed separate from the Property North of 510 ; and WHEREAS , with right-of-way contribution from the Property North of 510 as described in this Codicil , the County has acquired all right- of-way for SR 510 anticipated to be needed by the County for the construction of SR 510 east of U . S . Highway 1 , as anticipated by the Agreement ; and WHEREAS , pursuant to paragraph 2 . C , of the June 21 , 2005 Agreement , the County has agreed to hold hearings for the abandonment of 86th Street and 46th Avenue south of SR 510 , described in Exhibit 3 (the " Abandonment Property " ) ; and WHEREAS , Developer or its successor paid to the County $ 1 , 473 , 299 . 73 as required by paragraph 3 of the Agreement , to pay the proportionate share for the Property described in the Agreement , for " road improvement costs , " which includes the " road improvement costs " for the Property North of 510 ; and WHEREAS , the County , Developer and Owner have allocated to the Property South of 510 prepaid traffic impacts fees of not greater than 500 residential units and not greater than 90 , 000 square feet of commercial , or a mix of such residential /commercial uses ; and WHEREAS , by the Side Agreement to the Developer' s Agreement attached as part of Composite Exhibit 1 , the Developer and 5101 LLC , have allocated to the Property North of 510 , 12 residential units and 10 , 000 square feet of commercial , or - 2 - a mix of such residential / commercial uses ; and WHEREAS, the County's consulting plans for g that the roadwayengineer has informed r�edesi SR 510 and the the County gned requiring a chane U. S . 1 intersection it nprovement projects ; and g in nght'of wa will have to be Y necessary to complete the road WHEREAS, the County initiated the abandonment of 86 Avenue north of CR510 by filing a petition on April 26 , 2007. to Street and 46th and WHEREAS , all utilities companies have a r Providing that the easements described herein were/are geed to the abandonment granted ; and WHEREAS , the County has designed SR 510 in a man require additional right-of--way from the Property ner that does not Horth of additional property for SR 510 drainage ; and of 510 , but may require purchase WHEREAS , upon abandonment as anticipated herein , Kenneth P . Kennedy and Thomas P . Kennedy (the " Kennedys ") have agreed , with no obligation b any party under the June 21 , 2005 Agreement , to Deed to the County and grant Easements to the County , from and on property the Kennedys own (the " Kennedy Property") and which is described in - Exhibit 4 : A . Non-exclusive drainage easement on the Kennedy Property for the County ' s use for SR 510 drainage , as described in - Exhibit 5 B . Ten ( 10) foot temporary construction easement on the Kennedy Property adjacent to SR 510 , to expire on the sooner of December 31 , 2013 , or thirty ( 30 ) days following the issuance of a development permit for any portion of the Kennedy Property as more particularly described in - Exhibit 6 - 3 - C . Fee simple title to the County from the Kennedys of the property approximately 471 square feet from the eastern end of the property described in Exhibit 4 for road right-of-way purposes , described in - Exhibit 7 and WHEREAS , 510 , LLC , has agreed upon the County' s vacation of 86th Street and 46th Avenue north of SR 510 , to grant the following deeds and non-exclusive easements : to Indian River County - (drainage) Easement - Exhibit 8A in the to-be-abandoned 46th Avenue to Indian River County - (water utility line) Easement Exhibit 8B in the north %2 of the to-be-abandoned 86th Street to Comcast -( utility) Easement recorded in Official Record Book 2223 , Page 1730 , Public Records of Indian River County , Florida - Exhibit 9 to FPL -( utility) Easement recorded in Official Record Book 2223 , Page 1734 , Public Records of Indian River County , Florida - Exhibit 10 to AT&T - ( utility) Easement - Exhibit 11 to Indian River County - fee simple to 10 ' of the property north of SR 510 and adjacent to the north right-of-way line of SR 510 - Exhibit 12. NOW , THEREFORE , in consideration of the mutual covenants and - 4 - promises herein contained , and for other good and valuable consideration , the receipt and sufficiency of which is hereby acknowledged , the parties hereby agree as follows : 1 . The foregoing recitals are hereby incorporated as if fully set forth herein . 2 . The County will complete abandonment hearings of the rights -of-way contemplated by this Codicil . 3 . If approved after hearings , the County agrees that after the abandonment of the 86th Street and 46th Avenue rights - of-way north of SR 510 , and delivery of the Easements and Deeds described in Exhibits 5 through 12 , inclusive , that : A . The County acknowledges that payment in the amount of $ 1 , 473 , 299 . 73 has been received by the County as required under the June 21 , 2005 Agreement . Said sum represents the full amount of intersection and road improvement contributions required of Developer or Owner . Other than as specifically anticipated in this Codicil , neither the North of 510 Property nor the Kennedy Property shall have no further responsibility to make additional contributions toward the cost of improving SR 510 or the SR 510 and U . S . 1 intersection . B . The County acknowledges the Side Agreement dated August 18 , 2005 , between Orchid Landing , LLC and WCI Communities , Inc . wherein 12 residential units and 10 , 000 commercial square feet were assigned to Orchid Landing , LLC , by WCI Communities , Inc . , subject to site plan approval , obtaining concurrency and payment of all impact fees . - 5 - C . County , upon submittal of appraisal by Kennedy , will execute IRS Form , acknowledging receipt of the value of the Easement and property described in Exhibit 5 and Exhibit 7 , 4 . In the event of any litigation arising out of this Codicil , both parties shall bear their own attorneys' fees and costs . 5 . No amendment, modification , change , or alteration of this Codicil shall be valid or binding unless accomplished in writing and executed by all of the parties hereto . 6 . This Codicil shall be binding upon and inure to the benefit of the parties hereto and their successors and assigns . 7 . This Codicil contains the entire agreement and understanding between the parties . No representation , statement, recital , undertaking , or promise not specifically set forth herein shall be binding on any party hereto . 8 . This Codicil and all matters arising hereunder shall be governed by and construed in accordance with the laws of the State of Florida . Venue hereunder shall be in Indian River County , Florida . 9 . This Codicil shall be deemed prepared jointly by each of the parties hereto and shall be construed on parity as between the parties . There shall be no canon of construction for or against any party by reason of the physical preparation of this Agreement . 10 . Whenever the singular number is used in this Codicil and when required by the context, the same shall include the plural ; and the masculine , feminine , and neuter genders shall each include the others . - 6 - 11 . Failure to insist upon strict compliance with any of the terms , covenants or conditions herein shall not be deemed a waiver of such terms , covenants or conditions , nor shall any waiver or relinquishment of any right or power hereunder at any one time or times be deemed a waiver or relinquishment of such right or power at any other time or times . 12 . All words , terms , and conditions contained herein are to be read in concert , each with the other, and a provision contained under one paragraph may be considered to be equally applicable under another in the interpretation of this Codicil . 13 . The words herein and hereof and words of similar import , without reference to any particular section or subdivision of this Codicil , refer to this Codicil as a whole rather than to any particular section or subdivision hereof. 14 . In the event any term , condition or clause of this Codicil is declared to be illegal or unenforceable by a court of competent jurisdiction , such declaration of illegality or unenforceability shall not affect or alter the legality or enforceability of any remaining term , condition , or clause hereof, provided of the parties , as set forth in this Codicil . 15 . The Exhibits attached to this Codicil are incorporated herein by reference . IN WITNESS WHEREOF , the parties have hereto set their hands and seals on the day and year first above written . Signed , sealed and delivered BOARD OF COUNTY COMMISSIONERS in the presence of: INDIAN RIVER COUNTY , FLORIDA it Cha man an _V6s _ey . Davi sWrT ' Dal UY R , as I as = " - - 7 - i BCC APPROVED : _June 16 , 2009 ( Date ) APPROVED : An ). r + County Administrator ATTEST : J .K . BARTON CLERK CIRCUIT COURT � lerk of Court APPROVED AS TO FORM AND LEGAL SUFFI t CY vll�� � - bounty Attorney ry 510jenneth , a Flori li d li ity company By : P . Kennedy Manager - s - 3 1 r .. . ., . . ....... .... . .. . .. . . . . . . t I I 1 N. MINN IN „... _ - 1 .. — L I VI IVNNI41t IN 1 L i t '6 1 t IN I NNI IN Nze 1 tIN r r N. NIN., Li„ L LIN L , I NAN AIT lk III INN IN IV VVI ... 'J . . _ . .. . .. .._.. .. .. . .. . _.. + r IN, I rNNV. :Ne tom, IN + +� I IV ILNII J ' 1 rLa 1 1 tl j r ? FII,I IVr ' e IN . . . .. _ . — ] s t' 1 . i15 X 1. L t IN i 9 F — - ) r .. ..._ ... . .. . . oN _. . _ . _ : 1 IN p No VII qk tN 'IN LINNIN T ' _ J '' 3 k �' r• a .VNINNN t Id VN-V NO IJ �' Vo ..r :VNINN :t,NIN, _ ,t I IN NJ fVN 1 = s 1 INN � Cl. i it '; LV �r1 r 1 r i ! Il '1 , 2111, J IN , I IV _ 1s I1: 1 -`� r tl . . . . ... _ . tf ,..� I t all ( 5 r w.V. _ — _ . .. . _ ... NI i . a C,, J d ! zj r �y j . �S, ,IN 3 IT i71 V,..' ..... . .... IN I I ELI yI 11 ., .11, i,.., u.; , i . !1 J J ;! 1 J L. L E 1,E j J.! _ L_ ' 1. 1NI I 2070535 THIS DOCUMENT HAS BEEN RECORDED IN T HE PUBLIC RECORDS OF INDIAN RIVER COUNTY FL This instrument prepared by BK: 2424 PG : 118, PagE! 1 of 4 and to be returned to : 06/08/2010 at 03 . 41 PM , D DOCTAK PD William W . Caldwell , Esq . $0 . 70 Collins , Brown , Caldwell , JEFFREY K BARTON , CLERK OF COURT Barkett & Garavaglia , Chtd . 2125 Windward Way Vero Beach , FL 32963 Please return to : William K. DeBraal , Esq . Assistant County Attorney County Administration Building 1801 27`h Street Vero Beach , FL 32960 Property Parcel No . SPECIAL WARRANTY DEED THIS INDENTURE, made this day of , 2009 , by and between 510 LLC , a Florida limited liability company, the post office address for which is : 4310 77" Street, Vero Beach, FL 32967 , Grantor; and INDIAN RIVER COUNTY, FLORIDA, a political subdivision of the State of Florida the post office address for which is : 180127 1h Street, Vero Beach, FL 32960 , Grantee . WITNESSETH that the Grantor, for and in consideration of the sum of Ten Dollars ($ 10 . 00) and other good and valuable consideration to Grantor in hand paid by Grantee , the receipt whereof is hereby acknowledged, has granted, bargained and sold to the said Grantee and Grantee' s successors and assigns forever, the following described land , situate, lying and being in the County of Indian River, State of Florida, described in Exhibit A (legal description and sketch) attached hereto and made a part hereof. SUBJECT to easements, restrictions and reservations of record, and real estates for 2009 and subsequent years . TOGETHER with all tenements , hereditaments and appurtenances thereto belonging or in anywise appertaining . TO HAVE AND TO HOLD the same in fee simple forever. AND the Grantor hereby covenants with Grantee that the Grantor is lawfully seized of said land in fee simple ; that the Grantor has good right and lawful authority to sell and convey said land, and hereby warrants the title to said land, and will defend the same against lawful claims of all persons claiming by, through, or under the said Grantor . IN WITNESS WHEREOF , the Grantor has hereunto set its hand and seal the day and year first above written . Signed, sealed and delivered in our presence : 51 , L, O ida mited liability company By Witness signature K nneth P . Kennedy, Manager Q t_ 4310 77`h Street II Vero Beach , FL 32 67 Printed name Witness sig to e TANDY A , BRAVE Printed name STATE OF FLORIDA COUNTY OF INDIAN RIVER The foregoing was acknowledged and subscribed before me, the undersigned authority, this day of , 2009, by KENNETH P. KENNEDY, as Manager of 510, LLC , a Florida limited - liabilit mpan o is /Personally known to me or O has produced as identification . (Notary Seal ) Notary Publi , Sate of Florida RM . BRAZIE Printed Nam : ,T ,t )"'V A . R A ZIP: ION # DD831743 ctober 17, 2012y Discount 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 . • SURVEYOR ' S NOTES : 1 '. '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 I " - 60 ' NOT A FIELD BOUNDARY SURVEY 86TH PLACE ( HIBISCUS BOULEVARD ) S RIGHT OF WAY LINE L2 N LINE BLOCK : 9 I 2 3 4 5 12 10 . :00 13 NORTHERLY RIGHT : OF WAY LINE STATE ROAD 510 BLOCK 9 ooh o� WEONA PARK . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . �. . . . . . . . . . . . . . . . . . . . . . . . . . . . 0 \ 10 9 8 7 6 S LINE BLOCK 9 S RIGHT OF Ll POINT OF WAY LINE BEG I NN I NG 85TH PLACE ( POINSETTIA BOULEVARD ) LINE BEARING DISTANCE L I N 89 ° 55 ' 52 " W 14 . 17 ' L 2 S 89055152 " E 14 . 17 ' SEE SHEET 2 FOR DESCRIPTION r�:.. SKETCH OF DESCRIPTION NOT A FIELD BOUNDARY SURVEY EXHIBIT 12 BLOCK 9 RIGHT OF WAY DONATION 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 NORTH RIGHT OF WAY LINE OF 85TH PLACE ( POINSETTIA 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 AND THE NORTH RIGHT OF WAY LINE OF STATE ROAD 510 SAID POINT ALSO BEING A POINT ON THE SOUTH LINE OF BLOCK 9 . SAID PLAT OF WEONA PARK : THENCE NORTH 89 DEGREES 55 MINUTES 52 SECONDS WEST , ALONG SAID SOUTH LINE . A DISTANCE OF 14 . 17 FEET TO A POINT ON A LINE THAT IS 10 . 00 FEET NORTHERLY OF THE AFOREMENTIONED NORTHERLY RIGHT OF WAY LINE OF STATE ROAD 510 : THENCE NORTH 45 DEGREES 10 MINUTES 50 SECONDS EAST . ALONG SAID LINE . A DISTANCE OF 340 . 07 FEET TO A POINT ON THE SOUTH RIGHT OF WAY LINE OF 86TH STREET AND ALSO A POINT ON THE NORTH LINE OF SAID BLOCK 9 : THENCE SOUTH 89 DEGREES 55 MINUTES 52 SECONDS EAST . ALONG SAID NORTH LINE , A DISTANCE OF 14 . 17 FEET TO A POINT ON THE AFOREMENTIONED NORTHERLY RIGHT OF WAY LINE OF STATE ROAD 510 : THENCE SOUTH 45 DEGREES 10 MINUTES 50 SECONDS WEST . ALONG SAID RIGHT OF WAY LINE . A DISTANCE OF 340 . 07 FEET TO THE POINT OF BEGINNING : SAID PARCEL CONTAINING 0 . 0781 ACRES . MORE OR LESS . 2070531 THIS DOCUMENT HAS BEEN RECORDED IN THE PUBLIC RECORDS OF INDIAN RIVER COUNTY FL This instrument prepared by BK: 2424 PG . 1171 , Pagel of 4 and to be returned to : 06/08/2010 at 031 PM , D DOCTAX PD William W . Caldwell , Esq . $0 . 70 Collins , Brown , Caldwell , JEFFREY K BARTON , CLERK OF COURT Barkett & Garavaglia , Chtd . 2125 Windward Way Vero Beach , FL 32963 Please return to : William K. DeBraal , Esq . Assistant County Attorney County Administration Building 1801 27`11 Street Vero Beach , FL 32960 Property Parcel No . SPECIAL WA TY DEED THIS INDENTURE , made this.-&P74-/) day of 2009 , by and between 51. 0 LLC , a Florida limited liability company, the post office address for which is : 4310 77" Street, Vero Beach, FL 32967 , Grantor; and INDIAN RIVER COUNTY, FLORIDA, a political subdivision of the State of Florida the post office address for which is : 180127" Street, Vero Beach, FL 32960 , Grantee . WITNESSETH that the Grantor, for and in consideration of the sum of Ten Dollars ($ 10 . 00) and other good and valuable consideration to Grantor in hand paid by Grantee , the receipt whereof is hereby acknowledged, has granted, bargained and sold to the said Grantee and Grantee' s successors and assigns forever, the following described land, situate , lying and being in the County of Indian River, State of Florida, described in. Exhibit A (legal description and sketch) attached hereto and made a part hereof. SUBJECT to easements , restrictions and reservations of record, and real estates for 2009 and subsequent years . TOGETHER with all tenements, hereditaments and appurtenances thereto belonging or in anywise appertaining . TO HAVE AND TO HOLD the same in fee simple forever . AND the Grantor hereby covenants with Grantee that the Grantor is lawfully seized of said land in fee simple ; that the Grantor has good right and lawful authority to sell and convey said land , and hereby warrants the title to said land, and will defend the same against lawful claims of all persons claiming by, through, or under the said Grantor. IN WITNESS WHEREOF , the Grantor has hereunto set its hand and seal the day and year first above written. Signed, sealed and delivered in our presence : 5109 , a F i '1"i ited liability company By : Witness signature Kenrklii P . Kennedy Manager 431077 th Street Vero Beach , FL 329 ¢ 7 Printed name 1 Witness sign re TA ` D ' . , BRAZIE Printed name STATE OF FLORIDA COUNTY OF INDIAN RIVER The foregoing was acknowledged and subscribed before me, the undersigned authority, this. 7�A day of , 2009 , by KENNETH P. KENNEDY , as Manager of 510, LLC , a Florida limited liabil ' compare , ho is (personally known to me or ( ) has produced as identificatio (Notary Seal) Notary Pub ic, ate a Florida R TANDY A. BRAZIE Printed Na e :MY COMMISSION 0 DD831743EXPIRES : October 17, 2012 FI. Not Discount Assoc. Co.Y �' 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 : 1 , ALL DIMENSIONS SHOWN HEREON ARE IN FEET AND N DECIMAL PARTS THEREOF . 2 , THE SOUTH RIGHT OF WAY LINE OF BRIDGE BOULEVARD BEARS N 75025 ' 09 " E AND ALL OTHER BEARINGS ARE RELATIVE THERETO . SKETCH OF DESCRIPTION 1 ~ - 60 ' NOT A FIELD BOUNDARY SURVEY W RIGHT OF WAY LINE 46TH AVENUE ( MASSEY ROAD ) cp N 75° N R � GN� EVAR� SUBJECT BR pGE 'B PARCEL G1' POINT OF BEGINNING NARANJA TRACT SHELLMOUND BEACH PLAT BOOK I , PAGE 6 w w o G Lu Lu (n Z - NORTHERLY RIGHT z rK .j OF WAY LINE STATE ROAD 510 a -- w w =) oz w 1- > a ° . XqD Lu � LINE BEARING DISTANCE L 15 S 56 ° 21 ' 25 " W 108 . 53 ' PO 1 NT OF L 16 S 34057050 " E 25 . 09 ' COMMENCEMENT L 17 S 56 ° 21 ' 25 " W 114 . 07 L 18 S 34057 ' 50 " E 29 . 61 ' L 19 S 10002 ' 10 " W 31 . 29 ' CURVE DELTA ANGLE RADIUS ARC TANGENT CHORD CHORD BEARING C 2 11 ° 10 ' 35 " 2904 . 79 ' 566 . 62 ' 284 . 21 ' 565 . 72 ' N 50 ° 46008 " E C 3 0 ° 15 ' 42 " 7284 . 24 ' 33 . 28 ' 16 . 64 ' 33 . 28 ' N 56 ° 45 ' 10 " E C 4 0 ° 27 ' 38 " 7299 . 00 ' 58 . 66 ' 29 . 33 ' 58 . 66 ' N 53 ° 44 ' 18 " E SKETCH OF DESCRIPTION NOT A FIELD BOUNDARY SURVEY EXHIBIT 7 RIGHT OF WAY CORNER CUT AT 44TH AVENUE A PARCEL OF LAND BEING A PORTION OF NARANJA TRACT SHELLMOUND BEACH , ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK I . PAGE 6 OF THE PUBLIC RECORDS OF INDIAN RIVER COUNTY . FLORIDA . SAID PARCEL BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS . COMMENCE AT THE INTERSECTION OF THE EAST RIGHT OF WAY LINE OF 46TH AVENUE ( SUNRISE STREET ) 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 AND THE NORTHERLY RIGHT OF WAY LINE OF STATE ROAD 510 ( 80 FOOT RIGHT OF WAY ) : THENCE NORTH 45 DEGREES 10 MINUTES 50 SECONDS EAST , ALONG SAID RIGHT OF WAY LINE , A DISTANCE OF 234 . 93 FEET TO THE POINT OF CURVATURE OF A TANGENT CURVE . CONCAVE TO THE SOUTHEAST . HAVING A RADIUS OF 2904 . 79 FEET : THENCE NORTHEAST ALONG THE ARC OF SAID CURVE AND SAID NORTH RIGHT OF WAY LINE , THROUGH A CENTRAL ANGLE OF II DEGREES 10 MINUTES 35 SECONDS A DISTANCE OF 566 . 62 FEET : THENCE NORTH 56 DEGREES 21 MINUTES 25 SECONDS EAST . STILL ALONG SAID RIGHT OF WAY LINE . A DISTANCE OF 108 . 53 FEET TO THE POINT OF BEGINNING OF THE HEREIN DESCRIBED PARCEL OF LAND AND THE POINT OF CURVATURE OF A NON - TANGENT CURVE , CONCAVE TO THE SOUTHEAST . HAVING A RADIUS OF 7299 . 00 FEET , A CENTRAL ANGLE OF 0 DEGREES 27 MINUTES 38 SECONDS , AND A CHORD OF 58 . 66 FEET BEARING NORTH 53 DEGREES 44 MINUTES 18 SECONDS EAST : THENCE NORTHEAST ALONG SAID CURVE . A DISTANCE OF 58 . 66 FEET TO THE POINT OF CURVATURE OF A NON - TANGENT CURVE , CONCAVE TO THE SOUTHEAST , HAVING A RADIUS OF 7284 . 24 FEET , A CENTRAL ANGLE OF 0 DEGREES 15 MINUTES 42 SECONDS . AND A CHORD OF 33 . 28 FEET BEARING NORTH 56 DEGREES 45 MINUTES 10 SECONDS EAST : THENCE NORTHEAST ALONG SAID CURVE . A DISTANCE OF 33 . 28 FEET : THENCE NORTH 10 DEGREES 02 MINUTES 10 SECONDS EAST . A DISTANCE OF 31 . 29 FEET TO A POINT ON THE WESTERLY RIGHT OF WAY LINE OF 44TH AVENUE ( MASSEY ROAD ) : THENCE SOUTH 34 DEGREES 57 MINUTES 50 SECONDS EAST , ALONG SAID RIGHT OF WAY LINE . A DISTANCE OF 25 . 09 FEET TO A POINT ON THE AFOREMENTIONED NORTHERLY RIGHT OF WAY LINE OF STATE ROAD 510 : THENCE SOUTH 56 DEGREES 21 MINUTES 25 SECONDS WEST ALONG SAID RIGHT OF WAY LINE . A DISTANCE OF 114 . 07 FEET TO THE POINT OF BEGINNING . SAID PARCEL CONTAINING 471 SQUARE FEET . MORE OR LESS . 2070532 THIS DOCUMENT HAS BEEN This instrument prepared by and to be returned to : OF INDIAN RECORDS AN RIVER COUNTY ED iN THE PUBLICR William W . Caldwell , Esq . BK'. 2424 PG 1175 , Pagel of 4 Collins , Brown , Caldwell , 06108/2010 at 03 .41 PM , D DOCTAX PD Barkett & Garavaglia , Chtd . $070 2125 Windward Way JEFFREY K BARTON , CLERK OF COURT Vero Beach , FL 32963 Please return to : William K. DeBraal , Esq . Assistant County Attorney County Administration Building 1801 271h Street Vero Beach , FL 32960 Property Parcel No . EASEMENT FOR DRAINAGE his Grant of Easement for Drainage , made and executed this &4f117'II`6 day of , 2009 , 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 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 a 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 : ' : 'FI Witness si nature Forid �irn ted1a lity company 9 , L d �z tz � C, By : Printed nameK et . Ke nedy anager &too _ 4310 77th Stre t Witness n ture Vero Beach , L 32967 TAN Printed name STATE OF FLORIDA COUNTY OF INDIAN RIVER The foregoing was acknowledged and subscribed before me , the undersigned authority , this.�jPtA day of , 2009 , by Kenneth P . Kennedy , I anager of 510 , LLC , a Florida limited 16 ility cc6pany , on behalf of same , who is ( personally known to me or ( ) has produced as ide tification . ( Notary Seal ) Notary Pu is State of Florid 9!0 A. BRAZIE Printed N -„ A. "� DY A . BRAZIE 5510N # DD831743 October 17 , 2012tary DfsoOunt Assoc CA. 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 45 ° 10 ' 50 " W AND ALL OTHER BEARINGS ARE RELATIVE THERETO . SKETCH OF DESCRIPTION I " - 60 ' NOT A FIELD BOUNDARY SURVEY 86TH PLACE ( HIBISCUS BOULEVARD ) S RIGHT OF WAY LINE LIO 46TH AVENUE PO I NT OF ( SUNR I SE STREET ) BEGINNING 13 NE CORNER . . . . . . . . . . . . . . . . . z LOT 13 , BLOCK 8 �n w _ WEONA PARK M z J o 14 Ln -j >- - NORTHERLY RIGHT N } < OF WAY LINE aSTATE ROAD 510 Zg: LL w LLo 15 iso L o "D . . . . . . . . . . . . . . . . . . _(D cl:� °o O o cr. w o O � O cn 0 \ 16 Z 5 17 LINE BEARING DISTANCE L 10 S 89 " 55 ' 52 " E 25 . 00 ' 10 . 00 ' L 11 S 45 ° 10 ' 50 " W 35 . 07 ' L 12 N 00 ° 16 ' 57 " W 14 . 03 ' SEE SHEET 2 FOR DESCRIPTION 0 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 FAS RECORDED LORIDA . SAIDNPARCELBBEIING MORE2 . E 17 PARTOF THE ICULARLYUBLIC DESCRRIBEDRDS OF INDIAN RIVER COUNTY . PLAT AS FFOLLOWS 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 CORNER OF ALONG SAID PLAT OF PROJECTAIONAOF THEENCE NORTHOUTH LINE8OFDES 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 TTOF HENCEONORTHTTO A 0 DEGREESN160N THE MINUTESF57ESECONDSED WEST WEST . ALONGTOF SAIDWAY RIGHTNOFOWAY6LI� NE .AVENUE : DISTANCE OF 225 . 35 FEET TO THE POINT OF BEGINNING : SAID PARCEL CONTAINING 0 . 1222 ACRES . MORE OR LESS . 2070529 This Instrument prepared by: THIS DOCUMENT HAS BEEN William W . Caldwell , Esq . RECORDED iN l HE PUBLIC RECORDS Collins , Brown , Caldwell , OF INDIAN RIVER COUNTY FL BK: 2424 PG : 1160 , Pagel of 7 Barkett & Garavaglia , Chtd . 06/'08 /2010 at 0341 PM , D DOCTAX PD 2125 Windward Way $0 JO Vero Beach , FL 32963 JEFFREY K BARTON , Ct_ ERK 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 . DRAINAGE EASEMENT This Grant of Drainage Easement , made and executed this& ;"" day of , 2009 , by 510 LLC , a Florida limited liability company , the post office address for which is : 431077 th 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 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 perpetual non -exclusive easement and right-of-way for SR 510 drainage purposes , including without limitation the purpose of installing , replacing , repairing and maintaining drainage facilities 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 Grantor hereby reserves unto themselves , their heirs successors and assigns , the right and option to develop all or part of the Easement Premises so that the Easement Premises may be used by Grantor , and its successors and assigns , for drainage purposes for the real property owned by Grantor and described in Exhibit B , with the understanding that the Exhibit B Property may be developed for private use with the Easement described herein . In such event , the Grantor shall grant to Grantee an additional non -exclusive Drainage Easement from the Exhibit B property (the " New Easement" ) so that the New Easement and this Easement shall be used for the drainage purposes set forth herein and S for drainage purposes for the development of the Exhibit B real property . In such event , this Easement will be modified to reflect the joint use of this Easement and the New Easement for the joint drainage purposes , with the parties agreeing to share in the cost of the final development of the expanded Drainage Easement , and its future maintenance , on a prorata basis , based on square footage of the real property described in Exhibit A (the " Grantee ' s Share " ) and the square footage of the real property described in the New Easement (the " Grantor' s Share" ) . 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 : 5109 L' FI da limited liability comp ny By : Witness signature Ken th P . Kennedy Manager 431077 th Street L o Vero Beach , FL 32967 Printed name �Z1 ' + Witness sign re TAN DN. < . B ZIF Printed name STATE OF FLORIDA COUNTY OF INDIAN RIVER The foregoing was acknowled ed and subscribed before me , the undersigned authority , this . day of 2009 , by KENNFH P . KENNEDY , as Manager of 510 , LLC , a Florider6it ited i ility company , who is (�) personally known to me or ( ) has produced as identification . ( NotF= ,fi'"" ° TANDY A . BRAZIE Notary Publi , State of Florida MY COMMISSION 4 DD831743 Printed Na a N D o B RA ZI . �o" EXPIRES : October 17, 2012 �` � F1'o F1 . Notary Discount Assoc. Co. 1 -&10.3-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 SOUTH RIGHT OF WAY LINE OF BRIDGE BOULEVARD BEARS N 75025 ' 09 " E AND ALL OTHER BEARINGS ARE RELATIVE THERETO . SKETCH OF DESCRIPTION 1 " e 60 ' NOT A FIELD BOUNDARY SURVEY SHEET I OF 2 W RIGHT OF WAY LINE 46TH AVENUE ( MASSEY ROAD ) SEE SHEET 2 FOR DESCRIPTION Bpv�Ev N, kD 253 5 \ cP 8R \ UGE � So 251 O9 0� w AY \- \ N� 0) C (5� SNpv� H R 6 ALEv ARp G� � 8R \ pGE SUBJECT PARCEL G� NARANJA TRACT SHELLMOUND BEACH PLAT BOOK I . PAGE 6 5 POINT OF Lu BEG I NN I NG w o w co z - - ry� -iz �- cn NORTHERLY RIGHT LL D O OF WAY LINE w STATE ROAD 510 �0 �5 LINE BEARING DISTANCE T. _ � 0 L 14 N 33 ° 59 ' 14 ' W 137 . 54 ' a: � `1 L 15 S 560 21 ' 25 " W 108 . 53 ' w L 16 S 34057450 " E 25 . 09 ' L 17 S 56021 ' 25 " W 114 . 07 ' PO I NT OF L 18 S 34 ° 57450 " E 29 . 61 ' COMMENCEMENT L 19 S 10002 ' WW 31 . 29 ' CURVE DELTA ANGLE RADIUS ARC TANGENT CHORD CHORD BEARING C 2 10049 ' 56 " 2904 . 79 ' 549 . 18 ' 275 . 41 ' 548 . 36 N 50035 ' 48 " E C. 3 0 ° 15 ' 42 ' 7284 . 24 ' 33 . 28 ' 16 . 64 ' 33 . 28 ' S 56045 ' 10 ' W F7 SKETCH OF DESCRIPTION SURVEY NOT A FIELD BOUNDARY EXHIBIT 5 - DRAINAGE EASEMENT FOR COUNTY USE A PARCEL OF LAND BEING A PORTION OF NARANJA TRACT SHELLMOUND BEACH . ACCORDING TO THE PLAT THEREOF AS COUNTY . PLATOK 1 . PAGOF PARTICULARLYI� DESCRIBEDE PUBLIC RASORDS OF INDIAN RIVER FOLLOWS . COMMENCE AT THE INTERSECTION OF THE EAST RIGHT OF WAY LINE OF 46TH AVENUE ( SUNRISE STREET ) 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 AND THE NORTHERLY RIGHT OF WAY LINE OF STATE ROAD 510 ( 80 FOOT RIGHT OF WAY ) : THENCE NORTH 45 DEGREES 10 MINUTES 50 SECONDS EAST . ALONG SAID NORTHERLY RIGHT OF WAY LINE , A DISTANCE OF 234 . 93 FEET TO THE POINT OF CURVATURE OF A TANGENT CURVE , CONCAVE TO THE SOUTHEAST , HAVING A RADIUS OF 2904 . 79 FEET : THENCE NORTHEAST ALONG SAID RIGHT OF WAY LINE AND THE ARC OF SAID CURVE , THROUGH A CENTRAL ANGLE OF 10 DEGREES 49 MINUTES 56 SECONDS A DISTANCE OF 549 . 18 FEET TO THE POINT OF BEGINNING OF THE HEREIN DESCRIBED PARCEL OF LAND : THENCE NORTH 33 DEGREES 59 MINUTES 14 SECONDS WEST , A DISTANCE OF 137 . 54 FEET TO A POINT ON THE SOUTHERLY RIGHT OF WAY LINE OF BRIDGE BOULEVARD : THENCE NORTH 75 DEGREES 25 MINUTES 09 SECONDS EAST , ALONG SAID RIGHT OF WAY LINE , A DISTANCE OF 253 . 51 FEET TO A POINT ON THE WESTERLY RIGHT OF WAY LINE OF 44TH AVENUE ( MASSEY ROAD ) : THENCE SOUTH 34 DEGREES 57 MINUTES 50 SECONDS EAST , ALONG SAID RIGHT OF WAY LINE , A DISTANCE OF 29 . 61 FEET : THENCE SOUTH 10 DEGREES 02 MINUTES 10 SECONDS WEST . A DISTANCE OF 31 . 29 FEET TO THE POINT OF CURVATURE OF A NON - TANGENT CURVE , CONCAVE TO THE SOUTHEAST . HAVING A RADIUS OF 7284 . 24 FEET . A CENTRAL ANGLE OF 0 DEGREES 15 MINUTES 42 SECONDS . AND A CHORD OF 33 , 28 FEET BEARING SOUTH 56 DEGREES 45 MINUTES 10 SECONDS WEST : THENCE SOUTHWEST ALONG SAID CURVE , A DISTANCE OF 33 . 28 FEET TO THE POINT OF CURVATURE OF A NON - TANGENT CURVE . CONCAVE TO THE SOUTHEAST , HAVING A RADIUS OF F7299 . 00 EET BEARING CENTRAL ANGLE OF 0 44 MINNUTESE182SECONDSEWEST: SECONDS , AND A THENCCE SOUTHWEST RD OF ALONG 58 . 66 ALLONG SAID CURVE , A DISTANCE OF 58 . 66 FEET TO A POINT ON THE NORTHERLY RIGHT OF WAY LINE OF STATE ROAD 510 ( 80 FOOT RIGHT OF WAY ) : THENCE SOUTH 56 DEGREES 21 MINUTES 25 SECONDS WEST . ALONG SAID RIGHT OF WAY LINE . A DISTANCE OF 108 . 53 FEET TO THE POINT OF CURVATURE OF A TANGENT CURVE , CONCAVE TO THE SOUTHEAST . HAVING A RADIUS OF 2904 . 79 FEET : THENCE SOUTHWEST ALONG SAID RIGHT OF WAY LINE AND THE ARC OF SAID CURVE , THROUGH A CENTRAL ANGLE OF 0 DEGREES 20 MINUTES 39 SECONDS A DISTANCE OF 17 . 44 FEET TO THE POINT OF BEGINNING . SAID PARCEL CONTAINING 22529 SQUARE FEET . MORE OR LESS . EXHIBIT 4 pA Cly A Thai Nnizm of tha b0law d b. d put el of land lying NWh offt N.Wbe=- att Rio, �t VOY .01 '3WO �P`agd $ 10 (S;a i 7n 88M�2504 State ;Ro'Nd Roputtment Riglrt•o-May Itilap) 711111 c.ff uin land sthawn w bo ongiug to T.H. StI) ley an a plat Of tho Mar4a, Tract Sbellmound Zlaah ret±orda i in Plat Book 5, Pa8A 233 records of St. Lucle C!7_wr ow Indio �Jver County) % lorlda, said land -being hounded on the forth by a SO toot right flyway on the Sout1► by land of M pourers , a6d -nn thG BUI by JA Molgan . 3afd certain land lies within Qovcrnrtrent LoN 3 and 61 Section A Township 31 South, Range 39 East, Indian River County, *l+lot14 acrd is mare particularly deseribid us follows; 61 , Beginning At the Northwest comer of said Gavcrnmcnt Lot 6 and running S 0°26'06" E along the Westerly line of (30vemnunt Lot 6, 47.94 Cert to an intersection with thD Southerly right-o f- way boundary of Wabasso Road ( lOti fret wilt) and the rue Point of Begi nning; 2. Tltcraee continuing S 0°2606 ° E aION said Wts.terly lite of Lot 6 a distance of 47205 feet t-0 the Southwest corner o.f saki lan4s balon&g to T,H, S"bley, said corner also being the Narthwest corner of I.L. Powers' land; 3 • Thance run N. 74159 ' 34 " B, 497,95 feat along the boundary common to T. H. Sibley and J. L. Powers to the Southeast corner of lands belonging io T 1L Sibley, said cornu ta]sobaing lk.Southwest -corner-ofJA-Mlorgan's !land, 4a nence, run N 7'026' 35" W along the lint common to T.H. Sibley and I . Q. Morgan , a distance of 403. 34 feet to an inlersemion with tha .Southerly right-of way boundary of `Vabasso Road, said intersection being a point on a nonPtangsnt curvo a radial lints to which bars N 12101 '33 " W ; S. Thance run Westerly 436,45 Cect along tht arc of said non%tangent curve, t~OnCave Northerly, through a central an8le of OA' ia' with a radius of2917.93 feet , to the Tete Point of ElOg[nninS. 60 rho 60 foot rlght • ofway for Stutz Road 510 dos- :6bed as beginning -at the Southwest conger ofT,ll. Stbley land in course number 2 abovo, MCI tannin$ thence N 01266'06" W, 0,6 $ feet along IN 1 w.uly - ne of Lot 6 ; 7. 'Mianoc run N V(3914" E, 235 ,93 tbct to apo ' nt of curvature; EXHIBIT (CON'ITEgUED) S btm ntn 6�113 .faet 40481h4 am of a 2.904:79 foot radius curve caneatre 3outlte?tst thtva�r acturtral altgle of 9 ° l6'�" lta an �itrtor�ce:tion with the est property lltta described in aourso ntnnbar 4 ; 90 '1lt uce MOS" 2, 93,95 .Cod along said & Srproperty lime w a point on a rtonrlangent ourve with * radial haring of 8 3S°301 %, El 10. Thence run ftlhwestetly 311 . 66 feat 1 J-ortg lllc are of said non&tangcnt curve, onncave Soulbeast, through a central U910 of 6 ° 19' 1 r wfth .a radius of 2824, 79 frit to a point o.ftangeney, Thonce 5 45"0914 " W, 97. 79 feat 1.0 an i line as describednter etivn wtGh the South property iin course number 3 ; H . Thence run S 74 °5914" W, IS9.81 flet to the Sorllhwest corner ofT.H . Sibley, 'the point of beginning d0scnbed in course number 6, PARCEL 6 That portion of the below describtd parcel of tend tying forth of the Northernrnosi Rigbt.of. Way of Slate Road 510, OWN 8805M504 State Road Department Right-of Way Mnp) All that part oftlte following described property, vim An uruti nbered lot m htarat a Tract She"Mound Beach SubdivlsW, according to plot recorded in Pl1.t Book 5, l' aga 23 , Publfo Records of St. Lucie County, F1064 more particularly described as fellows: From the southwest eomerOf 670vemrnont Lot 6, Stellon 28, Town-ship 31 South, Range 39 East , run rrnrth along the wtsl line of said G.ovomment Lot 4 a distance of 800. 72 feet; thence tiwllh an nngle of 75 °26' (torn North 10 East run Northeasterly 497 ,93 feet to llre point of bgeinr)ing; thence continue Northeasterly on last mentioned course a diMce of 450 feel ; thc= with on inicnor angle of97 °34 ' run Northwesterly a di3t2n4 of 507.71 feet; chance with an InteHor -anllit of 821261 ern Southw4tcrly a distanov of 430 felt; than a with an [mmocir 000 of 9`7 °3:d' run Sovt3reasterly a distance of 507,71 fort to point of bcginnin8. LESS AND EXCEPTING all rights of w4y of record. PARCEL C EXUE3IT B ( C0 i ED) Comragme at the Northwest comet of Govemrnent Lot 6, Stchn 287 TOWnship 31 South, Ring 39 fust, and run 3 0'26 '06" E, along the Wcv 11110 of Govemment Lot 6, a distance of ?5 . 82 feer to the POINT OF UGIPIMG. Then run N 73104 ' 4r 1 , a disttacs of 434 feet to a point. Then run 3 7*21' 31 " B a distarree of 68. 81 feet to a point in the arc of a2917. 93 � root radius curve, concave to the NOnit Whom chord bears S 81 *42 ' 1 2**' W a distam of 432, 68 feet . Then run Along the curve, MU n � $h a central angle ,of 8 30. ] 3 .an :arc : dlvMe of 43107 feerto a point is _ _ ". tate West line of Gavernmcnl Lot S. 'Than run N O120 '06" W, along the West line, a distance of 19 . 04 feet to the POINT OF BEGINNING. S* aet to m easement to be retained along the Northerly 5 lett. t • This instrument prepared by and to be returned to : 2070530 William W . Caldwell , Esq . THIS DOCUMENT HAS BEEN Collins , Brown , Caldwell , RECORDED IN THE PUBLIC RECORDS Barkett & Garava lia , Chtd . BK INDIAN424RIVER COUNTY of FL g BK: 2424 PG : 1167 . Page� 1 of 4 2125 Windward Way 06/08/2010 at 03 : 41 PM , D DOCTAX PD Vero Beach , FL 32963 $070 JEFFREY K BARTON , CLERK OF COURT Please return to : William K. DeBraal , Esq . Assistant County Attorney County Administration Building 1801 27`h Street Vero Beach , FL 32960 Property Parcel No . TEMPORARY CONSTRUCTION EASEMENT This Grant of Temporary Construction Easement , made and executed this day of , 2009 , by 510 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 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 temporary construction easement and right-of-way on , over and across the land described in Exhibit A attached hereto and made a part hereof, situate in Indian River County , Florida (the " Easement Premises " ) . The temporary construction easement will expire on the sooner of December 31 , 2013 , or thirty ( 30 ) days following the issuance of a development permit for any portion of the Grantor' s property . a 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 : 510 , i el invited liability com y By : Witness signature Kenn th P . Kennedy , Manager 431077 1h Street I Vero Beach , FL 32967 Printed name C=;Q., =4n e Witness signa re IAND '( Printed name STATE OF FLORIDA COUNTY OF INDIAN RIVER The foregoing was acknowledged and subscribed before me , the undersigned authority , this. tom day of , 2009 , by KENNETH P . KENNEDY , as Manager of 510 , LLC , a Florid - ited lia ility company , who is (,personally known to me or ( ) has produced as identification . w ( Notary Seal ) N Notary Public4, ate of Florida " TANDY A. BRAZIE Printed Naj TANDN' A . RAZIE MY COMMISSION # DD831743 d EXPIRES : October 17, 2012 ov Fl. Nonny Discount .Assoc. Co. 14I0.3•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 . n S 'URVEYOR ' 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 " - 100 ' NOT A FIELD BOUNDARY SURVEY CURVE DELTA ANGLE RADIUS ARC TANGENT CHORD CHORD BEARING C I 10 ° 49 ' 56 " 2914 . 79 ' 551 . 07 ' 276 . 36 ' 550 . 25 ' N 50035 ' 48 " E C 2 10049 ' 56 ' 2904 . 79 ' 549 . 18 ' 275 . 41 ' 548 . 36 ' S 50 ° 35 ' 48 " W SUBJECT PARCEL 0 . 1791 ACRES NARANJA TRACT SHELLMOUND BEACH �p / PLAT BOOK I . PAGE 6 G� w z J ^ Q W NORTHERLY RIGHT LL N OF WAY LINE www STATE ROAD 510 �— > U) T. a — cD = Z ,L cr: �O �p cn w v 0 �O N 5 LINE BEARING DISTANCE J L 12 N 00 ° 16 ' 57 " W 14 . 03 ' P 0 1 N T O F L 13 S 33 ° 59 ' 14 ' E 10 . 00 ' BEGINNING i fr SKETCH OF DESCRIPTION NOT A FIELD BOUNDARY SURVEY EXHIBIT 6 10 ' TEMPORARY CONSTRUCTION EASEMENT A PARCEL OF LAND BEING A PORTION OF NARANJA TRACT SHELLMOUND BEACH , ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK I . PAGE 6 OF THE PUBLIC RECORDS OF INDIAN RIVER COUNTY . FLORIDA . SAID PARCEL BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS . BEGIN AT THE INTERSECTION OF THE EAST RIGHT OF WAY LINE OF 46TH AVENUE ( SUNRISE STREET ) 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 AND THE NORTHERLY RIGHT OF WAY LINE OF STATE ROAD 510 ( 80 FOOT RIGHT OF WAY ) : THENCE NORTH 0 DEGREES 16 MINUTES 57 SECONDS WEST , ALONG SAID EAST RIGHT OF WAY LINE , A DISTANCE OF 14 . 03 FEET : THENCE NORTH 45 DEGREES 10 MINUTES 50 SECONDS EAST . ALONG A LINE THAT IS 10 . 00 FEET NORTH OF , AS MEASURED AT RIGHT ANGLES T0 , THE AFOREMENTIONED NORTHERLY RIGHT OF WAY LINE OF STATE ROAD 510 . A DISTANCE OF 225 . 09 FEET TO THE POINT OF CURVATURE OF A TANGENT CURVE . CONCAVE TO THE SOUTHEAST , HAVING A RADIUS OF 2914 . 79 FEET : THENCE NORTHEAST ALONG THE ARC OF SAID CURVE . THROUGH A CENTRAL ANGLE OF 10 DEGREES 49 MINUTES 56 . 3 SECONDS A DISTANCE OF 551 . 07 FEET : THENCE SOUTH 33 DEGREES 59 MINUTES 14 SECONDS EAST . A DISTANCE OF 10 . 00 FEET TO A POINT ON THE AFOREMENTIONED NORTHERLY RIGHT OF WAY LINE AND A POINT ON A CURVE , CONCAVE TO THE SOUTHEAST , HAVING A RADIUS OF 2904 . 79 FEET . A CENTRAL ANGLE OF 10 DEGREES 49 MINUTES 56 SECONDS . AND A CHORD OF 548 . 36 FEET BEARING SOUTH 50 DEGREES 35 MINUTES 48 SECONDS WEST : THENCE SOUTHWEST ALONG SAID RIGHT OF WAY LINE , AND THE ARC OF SAID CURVE . A DISTANCE OF 549 . 18 FEET : THENCE SOUTH 45 DEGREES 10 MINUTES 50 SECONDS WEST , STILL ALONG SAID RIGHT OF WAY LINE . A DISTANCE OF 234 . 93 FEET TO THE POINT OF BEGINNING : SAID PARCEL CONTAINING 0 . 1791 ACRES . MORE OR LESS . 4 i This instrument prepared by 2070533 and to be returned to : THIS DOCUMENT HAS BEEN William W. Caldwell , Esq . RECORDED IN THE PUBLIC RECORDS Collins , Brown , Caldwell , OF INDIAN RIVER COUNTY FL Barkett & Garavaglia , Chtd . BK: 2424 PG : 1179 , P 1) of 4 06/08/2010 at 03 ' 41 PM ,$ D of PD 2125 Windward Way $070 Vero Beach , FL 32963 JEFFREY K BARTON , CLERK OF COURT Please return to : William K. DeBraal , Esq . Assistant County Attorney County Administration Building 180127 1h 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 —32'� 6 day of , 2009 , by 5109 LLC , A Florida limited liability company the post office address for which is : 4310 77th Street , Vero Beach , FL 32967 , Grantor ; and IRIDIAN 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 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 rightto 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 our resence : *Fi Witness signature ility company L o e Lo rQ Printed name edy anagerI a... �l 431077 th Stret Witness sign re0 Vero Beach , 'I FL 32967 Printed name STATE OF FLORIDA COUNTY OF INDIAN RIVER The foregoing was acknowledged and subscribed before me , the undersigned authority , thisizeDy-A day of , 2009 , by Kenneth P . Kennedy , I nager of 5109 LLC , a Florida limited lidgity co pany , on behalf of same , who is personally known to me or ( ) has produced as ide tification . F ( Notary Seal ) Notary Pupl , State of Florida J F TANDY A. BRAZIE Printed N d. AD ' A & BRAZIE MY COMMISSION # DD831743 EXPIRES: OctObe 17+ 2012 FI. Notary Discount Assoc. Co.Y 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 . F 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 45010 ' 50 " W AND ALL OTHER BEARINGS ARE RELATIVE THERETO . 1 " - 60 ' LINE BEARING DISTANCE L 4 N 00 ° 16 ' 57 " W 60 . 00 ' L 5 S 45610150 " W 85 . 02 ' Lu D z w a clf J U O I- `J 10 g g 7 6 I I 17 D z Lu a> SW CORNER LOT 10 . : BLOCK 8 : S LI : NE BLOCK 8 S 89 55 ' 52 " E 370 . 201 : N RIGHT OF WAY LINE 86TH STREET 10 . 00 ' d' qq- W J z -' S RIGHT OF WAY LINE 86TH STREET a N 89 ,055052 " W : 309 . 60 - N LINE : BLOCK 9 13 PO I NT OF o 5 BEGINNING ; 4 12 NW CORNER 3 = LOT ( , ; BLOCK 9 - NORTHERLY RIGHT OF WAY LINE I 2 STATE ROAD 510 Lu SKETCH OF DESCRIPTION NOT A FIELD BOUNDARY SURVEY SEE SHEET 2 FOR DESCRIPTION • G 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 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 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 I . 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 . I 2070536 This instrument prepared by : THIS DOCUMENT HAS BEEN Bruce Barkett, Esq . RECORDED IN THE PUBLIC RECORDS Collins, Brown , Caldwell , OF INDIAN RIVER COUNTY ell of 4 Barkett & Garavaglia , Chtd . BK . 24 4 Pat 1 41 � U DOCTAX PD 756 Beachland Blvd . $0.702010 at 03.41 PM , Vero Beach , FL 32963 80 .70 JEFFREY K BARTON , CLERK OF COURT Please return to : William K . DeBraal , Esq . Assistant County Attorney County Administration Building 1801 27`h Street Vero Beach , FL 32960 Property Parcel No . TEMPORARY RIGHT OF WAY EASEMENT THIS INDENTURE , made this �� day of ��'� , 2009 , by and between 5109 LLC , a Florida limited liability company, having its principal address at : 4310 771h Street, Vero Beach , FL 32967 , ( Grantor) , and INDIAN RIVER COUNTY, FLORIDA, a political subdivision of the State of Florida, (Grantee) : WITNESSETH : That the said Grantor, for and in consideration of the sum of Ten Dollars ( $ 10 . 00) to it in hand paid by the Grantee , receipt whereof is hereby acknowledged , and for other and further good and valuable considerations , does hereby grant, bargain , and sell to the Grantee , and its successors in interest, for the purpose of public highway and purposes incidental thereto , an easement over and upon the following described land , situate, lying and being in the County of Indian River, State of Florida, to - wit : See Exhibit "A" ("Easement ') attached hereto and by this reference made a part hereof. It is the intention of the Grantor by this instrument to convey to the said County, and its successors in interest , a temporary right- of-way easement for use as a public highway or road and for all purposes incidental thereto . It is expressly provided that this easement shall expire and be of no further force or effect ten ( 10) years from this date or at such time as Grantor, its successors or assigns , records in the public records of Indian River County, Florida, a Notice of Tennination of Easement , accompanied by a land development permit or equivalent, indicating that development of the Easement or the platted lots adjacent to the Easement has commenced , whichever occurs sooner. It is further expressly provided that until expiration , Grantor shall not be responsible for maintenance of the existing road on the easement premises . IN WITNESS WHEREOF, the said Grantor, has executed this instrument the day and year first above written . Signed , sealed , attested and elivered in our presence : 5109 Ir &Iiited lity compan- By : Print Name 4� I I Name : it1 E7"H fi - 7U � c� k r Print Name 1 Title : &M6 ,1V ACKNOWLEDGMENT STATE OF FLORIDA COUNTY OF INDIAN RIVER T E FOREGOING INS RUMENT wa acknowledged b fore me this ,; day of a , 2009 , by ENS fj RJ ' ' , as IVUAJCOln of 510 , LLC , a Florida limited liability company, on behalf of the company, who isoi�ally known to ine ( tib ) or has produced as identification . NOTARY SEAL - (- Print Name Doto /NR �C . , rA� • ,DONN; '• ^ y • • • •. as : au . n. u .• Notary Public pe,., omm# DD0693378 '- My Commission Expires : IdAla r��= F- x ;res 10/812011 / V , �o���ii ,o"` Fiq;: t:• Notary Assn„ Inc C /� O . Ogtlytl } tlYkf bY. Xnpaa Aeosesaasse . a • oouaV EXHIBIT N EE AND oN ARE IN � o Rv E� oR ' S NaT ONS SNOwN HERE S � A� E GS p RE SV ALL p l AR R5 THEREOF WAY E1 CHER 6EAR � N � . DEC , MAL OR1N R 1 OH w ANp AEE 0 6 N 5 2 AR E S 4 � HERET O REL Al 1 v E p ` S � ANNE gEARIN� 6p , 00 6 ' 57 8 W 5 . 02 ' 1 4 S q50 10 ' SO ' W 5 Lu z Lu a a U , d o II 17 7 6 10 9 8 W z L' SW CORN � R S L I, NE BLOCK 8 LOT 10 . BLOCK 8 S 89 ° 65 ' 52 " E 370 , 20 ' a 10 . 00 = N RIGHT OF WAY LINE 86TH STREET v W .J Z S RIGHT OF WAY LINE 86TH STREET N 89p 55 ' 52 ' W : 309 . 6b * N LINE : BLOCK 913 P01NT OF BEG I NIS I NG 12 0 3 q 5 NW CORNER ~ LOT I BLOCK 9 NORTHERLY RIGHT 1 2 OF WAY LINE STATE ROAD 510 W SKETCH OF DESCRIPTION NOT A FIELD BOUNDARY SURVEY SEE SHEET 2 FOR DESCRIPTION , 1 SKETCH OF DESCRIPTIO NOT A FIELD BOUNDARY SURVEY A PARCEL OF INNPLATIBOOK 2 , PAGE 17 OFOTHENA PPUBLICARK CRECORDSORDING TOFTIINDPIANTRIVERE OF AS RCOUNTY , FLORIDA .A . SAID PARCEL BEING MORE PARTICULARLY DESCRIBED 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 I7 , OF THE PUBLIC RECORDS OF ST . LUCIE COUNTY ( NOW INDIAN RIVER ) COUNTY SAID POINT BEING ALSO THE NORTHWEST CORNER OF LOT I . 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 EFOF SAIDTHE POINT LOANDD THEBEGSOUTH RIGHT OF WAY LINE OF 86TH STREET , A SAID PARCEL CONTAINING 0 . 4682 ACRES , MORE OR LESS . .