HomeMy WebLinkAbout2007-045 2 ra
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_ THIS DOCUMENT HAS BEEN RECORDED
}', rr{', :2' _�Eu Ot" `'v -4-rfi ,Iii IN THE PUBLIC RECORDS OF
E'A4)A3i�a rs�ry"tyt3 INDIAN RIVER COUNTY FL
BK: 2136 PG : 445, Pagel of 9
02121!2007 at 04: 18 PM,
JEFFREY K BARTON, CLERK OF
COURT
AMENDMENT TO GRANT OF RESTORATION , ACCESS AND
RECREATION EASEMENT
THIS AMENDMENT TO GRANT OF RESTORATION , ACCESS AND
RECREATION EASEMENT (the "Agreement" ) , entered into this 6zw day of
F669- L) fl9 `( , 2007 , by GRAND HARBOR NORTH LAND LLC , a Delaware
corporation , whose mailing address is 3755 7th Terrace, Suite 301 , Vero Beach ,
Florida , 32960 hereinafter called "Grand Harbor" to INDIAN RIVER COUNTY, a political
subdivision of the State of Florida , whose mailing address is 1840 25th Street, Vero
Beach , Florida , 32960 , hereinafter called "County. "
WITNESSETH
WHEREAS , Grand Harbor and the County entered into a Grant of
Restoration , Access and Recreation Easement dated May 3 , 2005 ; and
WHEREAS , the original Site lies adjacent to the Indian River (the " River")
and contains approximately 59 . 08 acres of estuarine wetlands (originally said to contain
62 acres under the May 3 , 2005 agreement) ; and
WHEREAS , in accordance with the Agreement dated May 3 , 2005 , the
County has been working diligently with the various permitting agencies for approval of
its Project; and
WHEREAS , since the Agreement dated May 3 , 2005 , Grand Harbor has
submitted an application to develop their property to the west of the Site and has offered
to provide to the County an additional 7 . 89 acres as shown by the Prior Easement Line
on Revised Exhibit " B" directly adjacent to the original Site for use in the County's
Project (the "Additional Land ") ; and
WHEREAS , in discussion with the various permitting agencies , the County
recognizes the addition of the 7 .89 acres of the Additional Land will benefit the Project's
approval and reduce or eliminate the amount of mitigation that may be needed as a
result of construction of the Project; and
WHEREAS , subject to the terms and conditions of this Amended
Agreement , Grand Harbor hereby provides to the County the Additional Land to be
included in the easement in the Site as described herein ; and
1
WHEREAS , both the COUNTY and Grand Harbor can mutually benefit
each other by amending the Grant of Restoration , Access and Recreation Easement
dated May 3 , 2005 .
NOW, THEREFORE , in consideration of the mutual terms , conditions ,
promises , covenants and premises hereinafter, the COUNTY and Grand Harbor agree
to amend the Grant of Restoration , Access and Recreation Easement dated May 3 ,
2005 , as follows :
1 . The above recitals are affirmed as being true and correct and are thereby
incorporated herein .
2 . Following inclusion of the Additional Land , the following definitions and Exhibits
are amended as follows :
Grand Harbor is the fee simple owner of certain real property situated in Indian River
County , Florida , which consists of approximately 416 acres (the " Property") and is
contemplated for high-end residential development of approximately 750 or more units .
A map and legal description of the Property is attached as Revised Exhibit "A" and
incorporated by reference herein .
The "Site" contains approximately 66 . 97 acres of estuarine wetlands and uplands , as
more particularly described on the map and legal description attached as Revised
Exhibit B and incorporated by reference herein (the "Site")
The County has provided to Grand Harbor a revised conceptual plan for the Project
(the `Plan") attached hereto and incorporated herein as Revised Exhibit " C " and such
Plan has been relied upon by Grand Harbor as a material representation in the decision
to enter into this Amended Agreement.
3 . Paragraph 6 of the Agreement is amended as follows :
6 . The County reserves the unrestricted right (except as provided for
elsewhere within this agreement) within the Site to maintain the plant
community described by the FDEP construction permit and , consistent
with best management practices , including the management of the
distribution and density of mangroves on the Site . However, the County
agrees that mangroves located on the western perimeter of the western
open water area on the Site as shown on Revised Exhibit C shall be
limited to no more than a density of 15% so as to preserve the view from
the Property to be developed by Grand Harbor to the ponds located on the
Site.
Except as amended herein , the terms and conditions of the Grant of Restoration ,
Access and Recreation Easement dated May 3 , 2005 shall remain in full force and
effect.
2
IN WITNESS WHEREOF , the Grand Harbor has caused these presents to be executed
this Ib day of 19ikevjtjtA2007 .
Signed in the presence of:
Grand Harbor North Land LLC
by :
WltneA as to' darbor Its : John P . Saldarelli
Vice President
_-- C !b 2Z' ` � e 'T
Witness as Grand Harbor Date signed by Grand Harbor
STATE OF
COUNTY OF
The foregoing instrument Was acknowledged before me this day of
2007 , by , its Vice President, who is personally
known tom r who has produced a driver's licen sued within the last five years as
identification .
(NOTARY PUBLIC )
SEAL ota ubli
(Printe yped or Stamped Name of
Notary Public)
Commission No . :
My Commission Expires :
DAGMARA LALE % JPCZ
Notary Public, State of New York
No. 01LA602 ° 531
Qualified In Westchester County
Commission Expires August 23 , 20 1
3
IN �TNESS WHEREOF , the County has caused these presents to be executed this
day of C r 2007 .
INDIAN RIVER COUNTY
y: X4n _
Name : GaC . Wheeler —
ChairmaFVBoard of Coup y Commissioners
Attest:
(Clerk or Deputy Clerk of Court)
(OFFICIAL SEAL)
Date si ned by County
Approved as to Form and Legal Sufficiency Approved :
By : By :
Count Attorney Jos h A. aird , County Administrator
Date:
4
Exhibit "A "
Legal Description
for Overall Isles of Grand Harbor Property
Indian River County, Florida
Sheet I of 2
Not Valid Without All Sheets
DESCRIPTION:
Being a part of the Southwest quarter of Section 11 , Township 32 south . Range 39 east, Indian River County,
Florida, being more fully described as follows:
Beginning at the Southwest corner of said Section 11 ; thence N00'12'35"E, along the west line of said Section 11 a
distance of 1 ,290.37 feet to the south right of way line of 63rd Street, said right of way line being located 25
feet south of the north line of the Southwest quarter of the Southwest quarter; thence along said south right of
way line. S89004'02"E, a distance of 331 . 19 feet; thence leaving said south right of way line S00'12'35"W, a
distance of 698.86 feet; thence 588'57'56"E, a distance of 330.86 feet; thence NOO'12'35"E, a distance of 699.45
feet back to said south right of way line; thence along said south right of way line, 589'04'02"E, a distance of
1 ,962.89 feet to the east line of said Southwest quarter; thence along said east line, S00'00'03"E, a distance of
1 ,299. 77 feet to the south line of said Section 11 ; thence N88'51 ' 50"W along said south line, a distance of
2, 629.85 feet to the POINT OF BEGINNING.
TOGETHER WITH THE FOLLOWING
Being a part of the Northwest quarter of Section 14, Township 32 south, Range 39 east, Indian River County,
Florida, being more fully described as follows:
Commencing at the Northwest corner of said Sectionl4; thence S00'09'52"W a distance of 40. 01 feet to the south
line of Lateral ditch number 3 as recorded in O.R.B. 99 page 644 of the public records of Indian River County,
Florida and also being the POINT OF BEGINNING; thence along said south line, S88'51 '50"E, a distance of 2, 629. 83
feet; thence continue S88'51 '50"E along said line, a distance of 1 ,884.30 feet to the mean high water line of the
Indian River; thence the following calls along said mean high water line, S00'55'46"W, a distance of 30. 73 feet;
thence S46459'45"E, a distance of 50.46 feet; thence S15'06'19"E, a distance of 47. 35 feet; thence S26'46'56"E, a
distance of 52.56 feet; thence 511 '34'56"E, a distance of 50. 45 feet; thence 531 '04'34"E, a distance of 50. 22 feet;
thence S46'43'16"E, a distance of 46.01 feet; thence S33'05'24"E, a distance of 57. 01 feet; thence S30'29'27"E, a
distance of 50.94 feet; thence S18'53' 55"E, a distance of 39. 54 feet; thence S34'51 '21 "E, a distance of 57. 12 feet;
thence 545'01 '55"E, a distance of 38. 11 feet; thence S12'57'37"E, a distance of 52. 50 feet; thence 50752'20"E, a
distance of 41 . 47 feet; thence 516'42'24"E, a distance of 50.74 feet; thence S18'04'16"E, a distance of 50. 32 feet;
thence S23'27'33"E, a distance of 55. 84 feet; thence S32'27'36"E, a distance of 44. 87 feet; thence 524'21 '39"E, a
distance of 48. 94 feet; thence S43'51 '24"E, a distance of 46. 83 feet; thence S40'10'35"E, a distance of 52.15 feet;
thence S07'09'46"W, a distance of 56.01 feet; thence S26'21 '04"E, a distance of 46.26 feet; thence S03'07'12"E, a
distance of 46. 34 feet; thence S3847' 11 "E, a distance of 51 .89 feet; thence S61 *18'26"E, a distance of 40. 24 feet;
thence SO4'13'40"E, a distance of 58.31 feet; thence S11 '08'39"E, a distance of 44.56 feet; thence 523'15'40"E, a
distance of 60. 79 feet; thence 533'34'03"E, a distance of 43. 02 feet; thence S2240'16"E, a distance of 45.24
feet; thence S18'41 '53"E, a distance of 61 .23 feet; thence S39'09'39"E, a distance of 45. 41 feet; thence
S14'26'10"E, a distance of 48.96 feet; thence S20'35'19"E, a distance of 46. 81 feet; thence 516'59'39"E, a distance
of 54. 33 feet; thence S22'14'14"E, a distance of 52.06 feet; thence S2946'16"E, a distance of 25.63 feet to the
east line of Govemment lot 2; thence along said east line, S00'06'OS"W, a distance of 575. 02 feet to the north
right of way line of the Indian River Farms Water Control District's North Relief Canal as shown on the plat of the
Indian River Forms Company Subdivision as recorded in plat book 2 page 25 of the public records of St. Lucie
County, Florida, said lands now lying and being in Indian River County, Florida; thence the following calls along said
north right of way line, N89'25'10"W, a distance of 991 .68 feet; thence SOO'34'50"W, a distance of 375.00 feet;
thence N89'25'10"W, a distance of 1 , 295.00 feet to a point of curve to the left having a radius of 1 ,167. 71 feet
and a central angle of 28'01 '08"; thence westerly along the are a distance of 571 .04 feet; thence S62'33'42"W, a
distance of 2, 777. 31 feet to the west line of said Section 14; thence along said west line, N01 '50'55"E, a distance
of 168.44 feet; thence leaving said west line, N8958'36"W, a distance of 52. 15 feet to the east right of way line
of U. S. Highway No. 1 ; thence along said east right of way line. N14'51 '03"W, a distance of 593.42 feet; thence
leaving said east right of way line, S89'58'36"E, a distance of 222.76 feet to the west line of said Section 14;
thence along said west line, NO1 '5O'55"E, a distance of 249 . 77 feet; thence leaving said west line, N89'58'36"W, a
distance of 297. 02 feet to the east right of way line of U. S. Highway No. 1 ; thence along said east right of way
line, N14'51 '03"W, a distance of 258. 67 feet; thence leaving said east right of way line, S89'58'36"E, a distance of
371 .39 feet to the west line of said Section 14; thence along said west line, N01 '50155"E, a distance of 200. 10
feet; thence leaving said west line, N89 '58'36 "W, a distance of 430.88 feet to the east right of way line of U.S.
Highway No. 1 ; thence along said east right of way line, N14'51 '03"W, a distance of 20. 69 feet; thence leaving
said east right of way line, 589 '58'36 "E, a distance of 436. 24 feet to the west line of said Section 14; thence
NOO'09'52"E along said west line, a distance of 2, 591 . 70 feet to the POINT OF BEGINNING.
SKETCH OF LEGAL DESCRIPTION Drawn by: Checked by File nam Date Stale " disk # Drawing Name
" This is NOT a Boundary Surve " DMT DMT 5710 01 /17/07 N/A- . icus > 5710-REV.dwg
T NOT VAJD WITHOUT THE SIGNATURE AND
Hosteller, Moler, Reed & Taylor, h7c. THE ORIGINAL D $EAI OF A F
/T PROFESSIONAL SURYEYOFSANDAIAPPE" UCENSCW-SUFMYOR AND MAI R.
LANDSURl�EYINGBUSJNESS#J644 'fir
1655 27th Street, Suite 2 Vero Beach , Florida 32960
Phone: (772) 564- 8050 Fax: (772) 794- 0647 4DAMDAY* P. 5243
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APROFMMONd4L A&PPERS
1655 27th Street, Suite 2 Vero Beach, Florida 329
Phone: ( 772) 564-8050 Fax: (772) 794- 0647
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Exhibit "B "
Legal Description
for Restoration, Access & Recreation Easement
at the Brine Property
Indian River County, Florida
Sheet 1 of 2
DESCRIPTION: Not Valid Without All Sheets
BEING A PART OF SEC77ON 14, TOWNSHIP 32 SOU774, RANGE 39 EAST, INDIAN RIVER COUNTY, FLORIDA,
BEING MORE FULLY DESCRIBED AS FOLLOWS-
COMMENCING AT THE NORTHWEST CORNER OF SAID SEC7701V 14, 7HENCE 5885228"E ALONG 7HE NORTH
LINE OF SAID SEC77ON 14, A DISTANCE OF 2, 622.28 FEET THENCE S0070030OW, A DISTANCE OF 40. 01
FEET TO A POINT, SAID POINT BEING 40 FEET SOUTH OF, AS MEASURED PERPENDICULAR TO, 7HE SAID
NORTH UNE OF SEC77ON 14,0 774ENCE S01108010"W, A DISTANCE OF 39. 67 FEET TO A POINT OF CURVATURE
OF A GRCULAR CURVE THENCE SOUTHEASTERLY ALONG SAID CIRCULAR CURVE, HAVING A RADIUS OF
287. 32 FEET, THROUGH A CENTRAL ANGLE OF 4974 '10 ; FOR AN ARC LENGTH OF 246. 91 FEET TO A
POINT OF REVERSE CURVATUREOF A CIRCULAR CURVE' THENCE SOUTHEASTERLY ALONGSAID CIRCULAR
CURVE, HAVING A RADIUS OF 214 FEET; THROUGH A CENTRAL ANGLE OF 237541 ', FOR AN ARC LENGTH
OF 86. 88 FEET; THENCE S245020 E A DISTANCE OF 63. 89 FEET; ]HENCE S06730271E A DISTANCE OF
161.22 FEET THENCE S2835'36 E A DISTANCE OF 251. 50 FEET TO A POINT OF CURVATURE ON A
CIRCULAR CURVE,• THENCE SOUTHEASTERLY ALONG SAID CIRCULAR CURVE HAVING A RADIUS OF 946. 00
FEET, THROUGH A CENTRAL ANGLE OF 0871 '19 ; FOR AN ARC LENGTH OF 137. 95 FEET; THENCE
S3656 '551E A DISTANCE OF 433. 61 FEET THENCE S39 '04 20 E A DISTANCE OF 103. 98 FEET TO A POINT
OF CURVATURE OF A CIRCULAR CURVE,• 7HENCE SOUTHEASTERLY ALONG SAID CIRCULAR CURVE HAVING
A RADIUS OF 214. 00 FEET, 7HROUGH A CENTRAL ANGLE OF 59 46 '12; FOR AN ARC LENG7H OF 223.24
FEET TO A POINT OF REVERSE CURVA7URE OF A CIRCULAR CURVE; THENCE SOUTHEASTERLY ALONG
SAID CIRCULAR CURVE, HAVING A RADIUS OF 186. 00 FEET, THROUGH A CENTRAL ANGLE OF 8245144 ; FOR
AN ARC LENGTH OF 268. 67 FEET TO A POINT OF REVERSE CURVATURE OF A CIRCULAR CURVE; THENCE
SOUTHEASTERLY ALONG SAID CIRCULAR CURVE, HAVING A RADIUS OF 504. 00 FEET, THROUGH A CENTRAL
ANGLE OF 1879 '01 ; FOR AN ARC LENGTH OF 162. 59 FEET THENCE S4334 '50 E A DISTANCE OF 106. 44
FEET- THENCE N62V6 '16 E A DISTANCE OF 81. 84 FEET THENCE N5879PO3 E A DISTANCE OF 67. 76
FEET' THENCE N6730'00"E A DISTANCE OF 116. 45 FEET,• 7HENCE N63'06 '01 E A DISTANCE OF 76.23
FEET THENCE N63'04041 E A DISTANCE OF 83. 32 FEET- THENCE N595JO35 E A DISTANCE OF 361. 12
FEET THENCE N600260060E A DISTANCE OF 69. 47 FEET ]HENCE N594031 'E A DISTANCE OF 94. 69
FEET' THENCE N601540181E A DISTANCE OF 94. 06 FEET- ]HENCE N61 49 '44 E A DISTANCE OF 448. 38
FEET; THENCE N6931 '03 E A DISTANCE OF 91. 45 FEET MORE OR LESS TO AN INTERSEC7101V WITH THE
WESTERLY MEAN HIGH WATER UNE OF THE INDIAN RIVER, THENCE NORTHWESTERLY ALONG THE SAID
WESTERLY MEAN HIGH WA7ER LINE OF THE INDIAN RIVER, A DISTANCE OF 1, 266. 7 FEET MORE OR LESS TO
A POINT, SAID POINT BEING 40 FEET SOUTH OF, AS MEASURED PERPENDICULAR TO, THE SAID NORTH UNE
OF SEC77ON 14, THENCE N8852'28"W AND PARALLEL WITH THE SAID NORTH LINE OF SEC77ON 14, A
DISTANCE OF 1, 892. 03 FEET TO 771E POINT OF BEGINNING,•
CONTAINING 2, 917, 329. 32 SQUARE FEET OR 66. 9727 ACRES, MORE OR LESS
NOTES:
1) THE BEARING BASIS IS THE NORTH LINE OF SECTION 14 AS DEPICTED ON THIS
SKETCH AND LEGAL DESCRIPTION.
2) THIS SKETCH EXISTS SOLELY FOR THE PURPOSE OF ILLUSTRATING THE LEGAL
DESCIPTION TO WHICH IT IS ATTACHED.
3) ALL DIMENSIONS ARE CALCULATED UNLESSS OTHERWISE NOTED.
4) THIS SKETCH MEETS THE MINIMUM TECHNICAL STANDARDS AS SET FORTH BY THE
FLORIDA BOARD OF PROFESSIONAL LAND SURVEYORS IN CHAPTER 61 G17--6, FLORIDA
ADMINISTATIVE CODE, PURSUANT TO SECTION 472. 027, FLORIDA STATUTES.
LEGEND:
R/W RIGHT-OF- WAY NO. NUMBER
R RADIUS N NORTH
L LENGTH S SOUTH
CH CHORD DISTANCE E EAST
CB CHORD BEARLNG W WEST
PSM PROFESSIONAL SURVEYOR AND MAPPER A DELTA
SKETCH OF LEGAL DES RIPT10N op Drawn by: Checked by File namel Date " I Scale. ; ;, . disk # Drawing Name
" This is NOT a Boundary Survey DMT DMT 5710 01/17/ 07 N/A . Zeus 5710-REV.dwg
r NOT VALID T.� 11 S16NATU D
Masfeller, Molex, Reed & Taylor, I/jL: 1HE ORI01 R ISEO SEAS OF OR A
P.POFESslONfLSI�XYEYORS4ND�I4PPEBs ucEN DSU VEY AND MA ER.
ALA`M"JZWFEF"GBUS1"SS""V
1655 27th Street, Suite 2 Vero Beach, Florida 32960
Phone: ( 772) 564-8050 Fax: (772) 794-0647 D TAnJOR P.LS. 43
Exhibit
Sketch of Legal Description
for Restoration, Access & Recreation Easement
at the Brine Property
Indian River County, Florida
Sheet 2 of 2
No Valid Without All Sheets
POINTCOMMENCEMENT
NOR T CORNER OFNORTH UNE OF SEC77ON 14
SEC77C V 14-32-39
ORDER OF TAKING PER O.R.B. 105 PAGE 456 NORTH
40 FEETOF THE WEST HALF OF THE N.E. 1 /4 AND
10 11 S88"5150'� 26 , 78' THE NORTH OF FEET
OF NRIYER
WESTTINDIAOENT 3
LOT
I LYING M
AR/ BA g
L1
N . E. 1 /4 OF THE C� Q
N. E. 1 /4 OF THE yZ
N . W. 1 /4 14- 32- 39
SUBJECT PROPERTY L1LNMM LOVE ONLY
66.97 ACRES*
GOVERNMENT L
I
T
SOUTH 1 /2 OF THE
N. E. 1 /4 OF THE
N . W. 1 /4 14-32- 39
L1
PROPOSED
ISLES OF GRAND HARBOR
SUBDIVISION
NORTH 30 ACRES OF THE GOVERNMENT LOT 2
N . W. 1 /4 14-- 32 - 39
S. E. 1 /4 THE 1 SECTION 14- 32- 39
9
WEST 1 /2 OF THE N . E. 1 /4 L
14- 32- 39
LINE TABLE
UNE LENGrM BEARING UNE LENGM BEARING CURVE TABLE
L1 40 00 6' 'W L 1 t 67. 76 N58Y9 03 EcuRvr LENGTH RADIUS DEL TA CHORD ICH BEARIN
L2 39. 67 NOf 178'10"E L12 76.23 N6306 'OJ E 0 246.91 287.32 4974'10" 239. 38 S23429'55"
L3 63.89 N 4 020'W L73 83. 32 N6304'41f Cz 86.88 214. 00 237541 86.29 N 8'10"W
L4 161.22 N06Y3'27"W L14 361. 12 N595335"E C3 13795 946. 00 871 '1f37. 83 =,4050E
LS 251. 50 X2835367W L15 94. 69 X5940' 1 E C4 22324 214. [X! 5946'12' 21.126 N0971 '140W
L6 433.61 N365655'W L16 69. 47 N60-26#06 *E C5 268.67 186. 00 824,5'44' 245.92 S20-41DONE
L7 103. 98 N3904' O'W L17 94. 06 N6054'18 E C6 162. 59 504. 00 1,9-29'01 • 161. 89 N 2 49 21 "W
L8 106. 44 N4334'S0"W L78 448.38 N6104944E
L9 81.84 S62 NZ L19 91. 45 N693f '03 E
00 116. 45 N6730'00E
SK H F LEGAL DESCRIPTION Drawn by: Checked by File nam Date Scale disk # ,I ,Drawing Name
" This is NOT a BoundarySurve DMT DMT 5710 01/11/07 1"..500` - zeus 5710-REV,dwg
NOT V WI OUT THE SIGN ` D
Mastedler, Moler, Reed & Taylor, Inc. THE OR NAL A,SED. SEAL:. , A. L - A
P�POFESSIONs!LSUX{'EPDXSAND iL4PPERS UCE SED RV£YOR AN •AfAPP
LAVD SIIX YEPING BUSINESS#464J
C
1655 27th Street, Suite 2 Vero Beach, Florida 32960
Phone: (772) 564- 8050 Fax: (772) 794- 0647 A TAYLOR P.LS. 3
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