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Home My WebLink About2004-316 1600981 RECORDED IN THE RECORDS OF JEFFREY K BARTON , CLERK CIRCUIT COURT INDIAN RIVER CO FL , BK : 1814 PG : 107 , 12 / 17 / 2004 10 : 18 AM DOC STAMPS D $ 0 . 70 STATE OF FLORIDA BELLSOUTH 8416-c:-FL (12-95) COUNTY OF INDIAN RIVER (Return document to) Jim Cox 5360 NW Nassau Lane Port St. Lucie, FL 34983-3312 EASEMENT For and in consideration of One dollar ($ 1 .00) and other good and valuable consideration, the adequacy and receipt of which is hereby acknowledged, the undersigned owner of the premises described below, hereinafter referred to as Grantor, does hereby grant to BELLSOUTH TELECOMMUNICATIONS, INC., a Georgia corporation, its licensees, agents successors, assigns, and allied and associated companies, hereinafter referred to as Grantee, an casement to construct, operate, maintain, add, and/or remove such systems of communications, facilities, or related services as the Grantee may from time to time require upon, over, and under a portion of the lands described in Plat Book 2, page 12, St. Lucie County, Florida Records, and, to the fullest extent the grantor has the power to grant, upon, over, along, and under the roads, streets, or highways adjoining or through said property. The said easement is more particularly described as follows : All that tract or parcel of land lying in Section 28, Township 32 South, Range 39 East, Indian River County, State of Florida, consisting of a parcel of land See Attachment "A", Page 1 & Page 2 The following rights are also granted: the exclusive right to allow any other person, firm, or corporation to attach wires or lay cable or conduit or other appurtenances upon, over, and under said easement for communications or electric power transmission or distribution; ingress to and egress from said easement at all times; the right, ut not the obligation, to clear the easement and keep it cleared of all trees, undergrowth, other obstructions ; the ri t, but not the obligation, to trim and cut and keep trimmed and cut all dead, weak, leaning, or dangerous trees or limbs outside the easement which might interfere with or fall upon the lines or systems of communications or power transmission or distribution; the right to relocate said facilities, systems of communications or related services on said lands to conform to any future highway relocation, widening, or improvements. To have and to hold the above granted easement unto BellSouth Telecommunications, Inc., its licenses, agents, successors, assigns, and allied and associated companies forever and in perpetuity. Grantor warrants that grantor is the true owner of record of the above-described land on which the aforesaid easement is granted. SPECIAL STIPULATIONS OR COMMENTS: The following special stipulations shall control in the event of conflict with any of the foregoing easement: BellSouth vehicles will be permitted to Park in the Parking lot on an "as needed" basis to perform maintenance work on the installed cabinet r..!Wilitiu!UTILITY - ENGwEEtRNCAojdv - UJ6!y Cmutrun4mP �VAC - Wahy Opnrion Cemn UCM y]ITaelLtowh - TelepLom Crmimiauc page 1 BK : 1814 PG : 108 IN WITNESS WHEREOF, the undersigned Indian Riyer County Board of County Commissioners has caused this instrument to be executed on the 14th day of Dpnpmhpr , 200 4 . 4 , Attest.: -JO rton, Clerk INDIAN RIVER COUNTY, FLORIDA BOARD OF COUNTY C MISSIONERS By y DeputyClerk B , Arthur R. Neuber e Chairm BCC approval date — Desambsr A 2004 AppnzQ al ff a n . Fell Assistant County Attorney Page 2 BK : 1814 PG : 109 EXHIBIT "A" - PAGE 1 DESCRIPTION A PORTION OF TRACT 8, PLAT OF INDIAN RIVER FARMS COMPANY SUBDIVISION , AS RECORDED IN PLAT BOOK 2, PAGE 12 OF THE PUBLIC RECORDS OF ST. LUCIE COUNTY ( NOW INDIAN RIVER COUNTY), FLORIDA, LYING IN SECTION 28, TOWNSHIP 32 SOUTH , RANGE 39 EAST, INDIAN RIVER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: FOR A POINT OF REFERENCE , COMMENCE AT THE INTERSECTION OF THE WEST RIGHT- OF - WAY LINE OF 43RD AVENUE WITH THE NORTH RIGHT - OF - WAY LINE OF SOUTH GIFFORD ROAD ( 41ST STREET) ; THENCE NORTH 89 '37 '29 " WEST, ALONG SAID NORTH RIGHT- OF - WAY LINE , A DISTANCE OF 895. 36 FEET TO THE POINT OF BEGINNING . THENCE CONTINUE NORTH 89 '37 '29 " WEST, ALONG SAID NORTH RIGHT - OF - WAY LINE, A DISTANCE OF 15. 00 FEET; THENCE NORTH 00' 32 ' 15" EAST, A DISTANCE OF 15. 00 FEET; THENCE SOUTH 89037' 29 " EAST, A DISTANCE OF 15. 00 FEET; THENCE SOUTH 00 '32915 " WEST, A DISTANCE OF 15. 00 FEET TO THE NORTH RIGHT- OF - WAY LINE OF SOUTH GIFFORD ROAD ( 41ST STREET) AND THE POINT OF BEGINNING. SAID LAND CONTAINS 225 SQUARE FEET, MORE OR LESS. SURVEY NOTES 1 . The North right — of — way line of 41st Street bears North 89 '37 ' 29 " West , as monumented , and all bearings shown are relative thereto . 2 . There may be additional restrictions , easements and covenants recorded in the Public Records of Indian River County, Florida . No title work was provided or reviewed as part of the preparation of this sketch . Y;- . , .. � :_:'• • .fit. "�'. �� 'i*�. PREP ARZp. J9 Y- 1 `L 104 AD RICI46RD ' ��LAVf J;6URE '�"e DATE FLORIDA, PRQF~SSSIbMAL I �N13 SURVEYOR M 5209 THIS IS NOT A SURVEY. I6N J\ REVISION DEsew . QN • ''_ DATE - SKETCH OF DESCRIPTION BELLSOUTH EASEMENT PREPARED FOR BELLSOUTH TELECOMMUNICATIONS, INC. REF. JOB NO. DRAWN BY I DATE ISURVEY NO. LAVENTURE dC ASSOCIATES, INC. 4. 0026- 196 RCL 10/17/04 4.0026- 196 PROFESSIONAL SURVEYING AND MAPPING F . B . .PG. CALCULATED 8 SCALE SHEET N0._ w% { 1840 SE Port St . Lucie Blvd. 04- 108/8 RCL 1 ": Port St. Lucie, Florida 34952 / 30' 2 OF 2 LB 7056 (772) 398 - 6430 Prime (772) 398- 6426 fox BK : 1814 PG : 110 EXHIBIT "A" - PAOE 2 TRACT 8 PLAT OF INDIAN w RIVER FARMS Q \ S89 '37 ' 29"E wE43rd ANS INE 15 . 00 ' Ln N00'32 ' 15 "E S00'32 ' 15 " W 15. 00 ' 15. 00' d- N89437 ' 29 " W 89 '37 ' 29 " W 895. 36 ' 15 . 00 ' POB NORTH R/W LINE POC 41st STREEF FOUND #5 1R&C 4644 85.0' 4D. D' SOUTH GIFFORD ROAD ( 41 st Street ) 85' R /W \SOUTH LINE OF — CANAL NE 1 /4 OF SECTION 28 LEGEND R/W RIGHT- OF-WAY IR&C IRON ROD & CAP POC POINT OF COMMENCEMENT POB POINT OF BEGINNING SCALE 1 " = 30 ' 0 SET #5 IRON ROD & CAP L87056 REVISION DESCRIPTION DATE SKETCH OF DESCRIPTION BELLSOUTH EASEMENT PREPARED FOR BELLSOUTH TELECOMMUNICATIONS. INC. REF. JOB NO. DRAWN BY I DATE I SURVEY NO. 1 LAVENTURE dt ASSOCIATES. INC. 4. 0026- 196 RCL10/17/04 4. 0026 - 196 PROFESSIONAL SURVEYING AND MAPPING F.B. ,P_G. ALCUt ATED B SCALE SHEET NO. 1840 SE Port St. Lucie Blvd. Port St. Lucie. Florido 34952 04- 108/8 RCL 1 = 30' 1 OF 2 is 7056 (772) 398 - 6430 Phone ( 772) 398- 6426 Fox ORIGIN [ Al STATE OF FLORIDA BELLSOUTH 8416-C-FL ( 12-95 ) COUNTY OF INDIAN RIVER (Return document to) Jim Cox 5360 NW Nassau Lane Port St. Lucie, FL 34983 -3312 EASEMENT For and in consideration of One dollar ($ 1 . 00) and other good and valuable consideration, the adequacy and receipt of which is hereby acknowledged, the undersigned owner of the premises described below, hereinafter referred to as Grantor, does hereby grant to BELLSOUTH TELECOMMUNICATIONS, INC . , a Georgia corporation, its licensees , agents successors , assigns, and allied and associated companies, hereinafter referred to as Grantee , an easement to construct, operate, maintain, add, and/or remove such systems of communications , facilities , or related services as the Grantee may from time to time require upon, over, and under a portion of the lands described in Plat Book 2 , page 12, St. Lucie County, Florida Records, and, to the fullest extent the grantor has the power to grant, upon, over, along, and under the roads, streets, or highways adjoining or through said property. The said easement is more particularly described as follows : All that tract or parcel of land lying in Section 28, Township 32 South, Range 39 East, Indian River County, State of Florida, consisting of a parcel of land See Attachment "A" , Page 1 & Page 2 The following rights are also granted: the exclusive right to allow any other person, firm, or corporation to attach wires or lay cable or conduit or other appurtenances upon, over, and under said easement for communications or electric power transmission or distribution; ingress to and egress from said easement at all times ; the right, ut not the obligation, to clear the easement and keep it cleared of all trees, undergrowth, other obstructions ; the right, but not the obligation, to trim and cut and keep trimmed and cut all dead, weak, leaning, or dangerous trees or limbs outside the easement which might interfere with or fall upon the lines or systems of communications or power transmission or distribution; the right to relocate said facilities, systems of communications or related services on said lands to conform to any future highway relocation, widening, or improvements . To have and to hold the above granted easement unto BellSouth Telecommunications , Inc . , its licenses, agents , successors , assigns, and allied and associated companies forever and in perpetuity. Grantor warrants that grantor is the true owner of record of the above-described land on which the aforesaid easement is granted. SPECIAL STIPULATIONS OR COMMENTS : The following special stipulations shall control in the event of conflict with any of the foregoing easement: BellSouth vehicles will be permitted to park in the parking lot on an " as needed " basis to perform maintenance work on the installed cabinet FAUtilities\UTILITY - ENGINEERINWrojects - Utility Construction PermitsURC - Utility Operation Center UCP# 2229\BellSouth - Telephone Eas nt.doc page 1 IN WITNESS WHEREOF , the undersigned Indian River County Board of County Commissioners has caused this instrument to be executed on the 14th day of DpcpmhPr , 200 4 Attest : J . K . Barton , Clerk INDIAN RIVER COUNTY , FLORIDA ,�y BOARD OF COUNTY C MISSIONERS By .9,Jj & Deputy Clerk B Arthur R . Neuber e , Chairm n BCC approval date [)6; cQmbQr- 4, 2004 Approved to form and legal fficie y: Mar n E . Fell Assistant County Attorney Page 2 EXHIBIT "A" - PAGE I DESCRIPTION A PORTION OF TRACT 8 , PLAT OF INDIAN RIVER FARMS COMPANY SUBDIVISION , AS RECORDED IN PLAT BOOK 2 , PAGE 12 OF THE PUBLIC RECORDS OF ST . LUCIE COUNTY ( NOW INDIAN RIVER COUNTY) , FLORIDA , LYING IN SECTION 28 , TOWNSHIP 32 SOUTH , RANGE 39 EAST , INDIAN RIVER COUNTY, FLORIDA , BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS : FOR A POINT OF REFERENCE , COMMENCE AT THE INTERSECTION OF THE WEST RIGHT - OF - WAY LINE OF 43RD AVENUE WITH THE NORTH RIGHT - OF - WAY LINE OF SOUTH GIFFORD ROAD ( 41ST STREET ) ; THENCE NORTH 89 '37 ' 29 " WEST, ALONG SAID NORTH RIGHT - OF - WAY LINE , A DISTANCE OF 895 . 36 FEET TO THE POINT OF BEGINNING . THENCE CONTINUE NORTH 89037 ' 29 " WEST, ALONG SAID NORTH RIGHT - OF - WAY LINE , A DISTANCE OF 15 . 00 FEET; THENCE NORTH 00 ' 32 ' 15 " EAST, A DISTANCE OF 15 . 00 FEET ; THENCE SOUTH 89037 ' 29 " EAST, A DISTANCE OF 15 . 00 FEET; THENCE SOUTH 00 ' 32 ' 15 " WEST, A DISTANCE OF 15 . 00 FEET TO THE NORTH RIGHT - OF - WAY LINE OF SOUTH GIFFORD ROAD ( 41ST STREET ) AND THE POINT OF BEGINNING . SAID LAND CONTAINS 225 SQUARE FEET, MORE OR LESS . SURVEY NOTES 1 . The North right — of — way line of 41st Street bears North 89 ° 37 ' 29 West , as monumented , and all bearings shown are relative thereto . 2 . There may be additional restrictions , easements and covenants recorded in the Public Records of Indian River County, Florida . No title work was provided or reviewed as part of the preparation of this sketch . PREPARED BY: reI7 Joe Jot RICHARD C . LAVENTURE DATE FLORIDA PROFESSIONAL LAND SURVEYOR # 5209 THIS IS NOT A SURVEY. REVISION DESCRIPTION DATE SKETCH OF DESCRIPTION BELLSOUTH EASEMENT PREPARED FOR BELLSOUTH TELECOMMUNICATIONS , INC. REF . JOB NO. DRAWN BY DATE SURVEY NO. LAVENTURE & ASSOCIATES, INC. 4 . 0026 - 196 RCL 10 /17 /04 4. 0026- 196 PROFESSIONAL SURVEYING AND MAPPING F . B . , PG . CALCULATED BY SCALE SHEET NO . ' ` 1840 SE Port St . Lucie Blvd. Port St . Lucie , Florida 34952 04 - 108 /8 RCL 1 " = 30 ' 2 OF 2 LB 7056 ( 772 ) 398 - 6430 Phone ( 772 ) 398 - 6426 Fox EXHIBIT "A" - PAGE 2 TRACT 8 PLAT OF INDIAN w RIVER FARMS Q \ S89 '37 ' 29 " E WEST R/W LINE Of 43rd AVE 15 . 00 ' ' 0 N 00 '32 ' 15 ' E In 15 . 00 ' S00 '32715 " W 15 . 00 ' qqt N89 ' 37 ' 291 89 '37 ' 29 " WPOB 895 . 36 ' 15 . 00 ' NORTH R /W LINE POC C 41st STREET FOUND #5 1R&C 4644 85. 0 ' 40. 0 , SOUTH GIFFORD ROAD ( 41st Street 85 R / W SOUTH LINE OF NE 1 /4 OF SECTION 28 CANAL LEGEND \ i R /W RIGHT— OF — WAY / \ IR & C IRON ROD & CAP POC POINT OF COMMENCEMENT POB POINT OF BEGINNING O SET #5 IRON ROD & CAP LB7056 SCALE : 1 = 30 REVISION DESCRIPTION DATE SKETCH OF DESCRIPTION BELLSOUTH EASEMENT PREPARED FOR BELLSOUTH TELECOMMUNICATIONS, INC. REF. JOB NO. DRAWN BY DATE SURVEY N0. LAVENTURE & ASSOCIATES, INC. 4. 0026 - 196 RCL 10/17 /04 4. 0026 - 196 F. B . , — 1 ALCULATED B PROFESSIONAL SURVEYING AND MAPPING SCALE SHEET NO. 1840 SE Port St . Lucie Blvd. 04 - 108 /8 RCL 1 " = 30 ' 1 OF 2 Port St . Lucie, Florida 34952 LB 7056 ( 772 ) 398 - 6430 Phone ( 772 ) 398 - 6426 Fox