HomeMy WebLinkAbout2006-046 BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT
TRUST FUND OF THE STATE OF FLORIDA
MODIFICATION OF DEDICATION
DEDICATION NO . 23919
KNOW ALL MEN BY THESE PRESENTS : That
WHEREAS , the BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT
FUND OF THE STATE OF FLORIDA ( " GRANTOR " ) is by Section 253 . 03 , Florida
Statutes , authorized and empowered to modify restricted uses for certain lands under the terms
and conditions set forth herein; and ,
WHEREAS , GRANTOR dedicated to INDIAN RIVER COUNTY , a political
subdivision of the State of Florida ( " GRANTEE " ) , certain lands more particularly described in
Dedication No . 23919 recorded in Official Records Book 210 , Page 427 , Public Records of
Indian River County , Florida , which are more particularly described in Exhibit " A " attached
hereto and made a part hereof (the " Property " ) ; and
WHEREAS , said Dedication No . 23919 contains restrictions that limit the use of the
land for public park and recreation purposes only , under the supervision and management of
the Board of County Commissioners of Indian River County , Florida ( " Restriction" ) ; and
WHEREAS , on December 20 , 1977 , GRANTOR did amend Dedication No . 23919 to
expand acceptable uses to include public environmental education in addition to public park
and recreation purposes ; and
WHEREAS , GRANTEE is desirous of adding lands to the south of the Property , more
particularly described in Exhibit "B " attached hereto and made a part hereof ( " Additional
Lands " ) ; and
WHEREAS , Additional Lands were encumbered by Perpetual Spoil Disposal and
Pipeline Easement recorded in Official Records Book 178 , Page 428 , Public Records of Indian
River County , Florida , from the GRANTOR to the United States of America (the
" Easement " ) ; and
WHEREAS , the United States of America conveyed all of its right , title , and interest in
and to the Easement over and upon the Additional Property by that Quitclaim Deed from the
United States of America to the Florida Inland Navigation District (FIND) , recorded in
Official Records Book 1920 , Page 1550 , and re-recorded in Official Records Book 1960 , Page
1692 , all of the Public Records of Indian River County , Florida ; and
WHEREAS , FIND has released all of its right , title , and interest in and to the
Easement over and upon the Additional Lands by that Quitclaim Deed from FIND to
GRANTOR, recorded in Official Records Book 1920 , Page 1546 , and re-recorded in Official
Records Book 1960 , Page 1695 , all of the Public Records of Indian River County , Florida; and
WHEREAS , GRANTEE has requested Dedication No . 23919 be modified to include
Additional Lands for the purpose of building an educational boardwalk expansion ; and
WHEREAS , said GRANTOR did approve this Modification of Dedication on the
day of , 20_
NOW THEREFORE , in consideration of the previous and the mutual covenants herein
contained , the GRANTOR and GRANTEE agree as follows :
Dedication No . 23919 is amended to include Additional Lands . It is understood and
agreed by GRANTOR and GRANTEE that in each and every respect the terms of the original
Dedication, except as amended on December 20 , 1977 , and as amended hereby , shall remain
unchanged and in full force and effect , and the same are hereby ratified , approved and
confirmed by the GRANTOR and GRANTEE as of the date of this Modification of
Dedication .
IN WITNESS WHEREOF , the parties have caused this Modification of Dedication to
be executed the day and year first above written .
Page 2 of 7 Pages
Modification of Dedication No . 23919
BOARD OF TRUSTEES OF THE INTERNAL
IMPROVEMENT TRUST FUND OF THE
STATE OF FLORIDA
By : (SEAL)
Witness DEBORAH POPPELL , ASSISTANT
DIRECTOR , DIVISION OF STATE
Print/Type Witness Name LANDS , DEPARTMENT OF
ENVIRONMENTAL PROTECTION
Witness " GRANTOR"
Print/Type Witness Name
STATE OF FLORIDA
COUNTY OF LEON
The foregoing instrument was acknowledged before me this _ day of
20 by Deborah Poppell , as Assistant Director , Division of State Lands , Department of
Environmental Protection , as agent for and on behalf of the Board of Trustees of the Internal
Improvement Trust Fund of the State of Florida , who is personally known to me .
(SEAL)
Notary Public , State of Florida
Approved as to Form and Legality Print/Type Notary Name
By : Commission Number :
DEP Attorney
My Commission Expires :
Page 3 of 7 Pages
Modification of Dedication No . 23919
GRANTEE hereby consents to all the terms and conditions contained herein .
INDIAN RIVER COUNTY , FLORIDA
By its Board of County Commissioners
B :
Witness
Arthur R . Neuberger ,
Print/Type Witness Name Print/Type Name
Title : Chairman
Witness
(OFFICIAL SEAL)
Print/Type Witness Name
ATTEST : - �
By . 4FtYb
APPROVED AS TO FORM \
AND LEGAL SUFFICIENCY Print/Type e Name
Pabida M. Ridgely
8Y 1= k Wit' Title : t i K
WILLIAM G. COLLINS 11
COUNTYATTORNEY
" GRANTEE "
STATE OF FLORIDA
COUNTY OF FLORIDA
The foregoing instrument was acknowledged before me this 7th day of
February 7 20 06 , by Arthur R Neuberger and PaftftIL
aSCh • irma
and Clerk to the Board respectively ,
on behalf of the Board of County Commissioners of Indian River County , Florida . They are
personally known to me . e
(SEAL) C Int c'nw�✓�.
Notary Pu c , State of Florida
Kimberly E. Massung
p^,1' G�MMISWN4 DD2165O3 EXPIRES
hily 15, 2OO7 Kimberly E Massuna
6ONDED THRU TROY FAIN INSURANCE, INC.
Printed/Typed/Stamped Name
Commission Number : DD216503
Commission Expires : July 15 , 2007
Page 4 of 7 Pages
Modification of Dedication No . 23919
'T
EXHIBIT "A"
Being a parcel of land located on an island in the
Indian River on the South side of Wabasso Road -1n
section 27 , Township 31 South , Range 39 East, Indian
. River County , Florida , the boundary of which is more
particularly described by metes and bounds as follows '
From the Northeast corner of aforesaid Section 27 ,
Township 31 South , Range 39 East , run North 88 ' 34 '
54 ' West • - a distance of 683 feet : thence run S�Quth ,
47 ' 53 ' 56 ' Went ,. a distance of 595 feet to a point
near the East end of the East Wabasso aridge : . thence
run South 51 ' '47 . 56' 'West near the centerline' of
aforesaid bridge , a distance of 1482 . 52 feet to a point
near the Went end of the aforesaid bridge : . maid point
being the point of belinning . g From the point of be- f
ginning , run South 54 . 38 ' 2S ' Eait on_ a line offshore ,,
. . of the aforesaid island , a distance of 982 . 38 feet . Q , Z
thence run South 21 ' 47 ' East , " a distance of 575 , 04 feet :
_,e-thence run South 38 ' 13 ' West, a distance of 725 . 8 feet 1_8 "
to a concrete monument ' on "the shore of aforesaid islands
thence continue South 38 ' 13 ' . West , a distance of 101 . 55
. feet to a point in the Indian River : thence run South
59 ' 48 ' 47 ' West , a distance of 683 . 54 feet to a point
in the Indian River : thence run North 33 ' 07 ' 54' West .
a distance of 1695 . 41 feet to, a point on the West Wabasoo .
Bridge : thence following near the centerline of the
Wabasso Road , run North $6' 03 ' 060. East , a distance of
eso feet to a point where the Wabasso Road intersects
with the Pine island access road : thence run North 60 * ,
17 . 21 ' East , a distance of 208 . 02 feet : thence . run
North 51 ' 47 . 560 East , a distance of 132 . 48 feet to
the Point of Beginning . All the above loss right of
ways for Wabasso Road and Pine Island Access road .
containing 51 acros , store or less .
• 1-
• 1rFlCIAL RECORf
oar 210
i
Exhibit "A"
Page 5 of 7 Pages
Modification of Dedication No. 23919
EXHIBIT " B "
The following described properties, situate, lying, and being in Indian River County, Florida, to wit:
Tract No, 8100E-1 (MSA IR-3A) . .
Being a parcel of land on anisland in the Indian River South ' of Wabasso . Road in Section 27, .
Township 31 South, Range 39 East, IndianRiver County, Florida; the boundary of which is more
particularly described by metes and bounds as follows:
Commencing.at a point 1910'feet South and. 1428 feet West.of the,Noitheast comer of Section 27,
Township 31 South, Range 39 East, run South 21 '47'00" East; 'a distance of 490 feet to a concrete
monument on the Westerly side of an approximately 97 feet West of the centerline.of the Pine Island
access road. and being the Point of Begiiu ing. From . the_ Point of Beginning run South 48 '01 '00":
East, a distance of 643 feet to. a .point in the Indian River near the shore of the aforesaid island;
thencarun South 42' 17'17" West; :a distance of 869.56 feet to a point in the Indian River; thence run
North'43 ' 1330" w6st; a. distance of 581 fe.etto a point 'in the Indian. River and on the Southerly
boundary of a proposed park area; thence run North 38 ' 13 '00'.' East, a . distance of 101 .55 feet to
concrete monument on the shore of the aforesaid island; thence continue North 38 ' 13 '00" Easton the
'Southeasterly-boundary of the aforesaid park area'a distance of 772 feet to .the Point of Beginning.
Containing 1.2.23 ,acres• net;: being the same property over and upon which the United States of
America acquired a''perpetual easement -1forthe deposit . of dredged materials by instnimeiTt of
conveyance dated 12 August 1962, ofrec0rd in Official Record Book 118; Page 422, ofthe public
records-offIndian-R. iver County, Florida, said conveyance having been executed by the Trustees of
the IntemAl-Improvement Funds of the State of Florida.
Tract No, 8100E-2
Being an easement of 40 in width across a parcel of land on an island in the. Indian River South of
Wabasso Road in Section 27; Township 31 South, Range 39 East, Indian River County, Florida, the
boundary.of which is more particularly described by metes and bounds as follows : P.
Beginning at a point 1910 feet South and 1428 feet West of the Northeast comer of Section '27, .
Township 31 South, Range 39 East , said point lying in the river, and run South 21 °47'00" East along
the Easterly boundary of aforesaid easement and also being.the most Western left of the Tuerk Tract
106-A, a distance of 490 feet to the most Northerly comer of aproposed spoil area; thence run South
38 ' 13 '00" West,a distance of 46. 19 feet; thence run North 214471001, West on a line parallel to and
40 feet West of the aforesaid Easterly Boundary a. distance of 575.04 feet to • a point on the
Northeasterly boundary of a proposed park area; thence run South 54°38 '25" East on the aforesaid
Northeasterly boundary ofa park area, a distance of 73 .73 feet to the Point ofBeginning. Containing
0.49- acres, more of less; being the same property over and upon which the United States of
American acquired a perpetual easement to construct operation, maintain, repair, replace and
OFINOWAVIDIFINDUANDVROPMGMTLANDMGKMNDIANVR•1dSUUIr CWM DEED (INDIAN RIVER CC)
UNTYJ.DOC
Exhibit "B "
Page 6 of 7 Pages
Modification of Dedication No. 23919
EXHIBIT "B"
remove pipelines .by instrument of conveyance dated 12 August 1962, of record in Official Record
Book 178, page 422, of the public records ofindian River. County, Florida, said conveyance having
been executed by the Trustees of the Internal Improvement Fund of the State of Florida. '
Traet:No. 8101E
A tract of land lying. in Section 27, Township 31 South; Range 39 East, more particularly described . ..
as follows:
Being at 'a point 2218.78 feet South and 1304.6 feet West of the Northeast comer of Section27,
Township 31 South, Range 39 East; said point being on the centerline of that certain countyroad
right=of-waygranted to Indian River County by the State ofFlorida by deed filed 25 March 1952 and
recoided in Deed Book 72, at page 177, public Records ofindian River County, Florida; run South
21 '4.700" East, along the Easterly boundary of a pipeline easement. granted- to the United States of
America by the StateofFlorida by Deed No. 23168 dated 12 August 1962, a distance of 80.95 feet;
thence run North 5955'39" West along the South right-of-way line of said countyroad a distance'of
64.76, feet; thence run North 21 '4.700" West on a line parallel to and 40. feet West of the afoiesaid
Easterly boundarya distance of 161 .91 feet; -thence run South 5905513911.East along the North right-
of way_line of said•..c6uuty 'road:a.distauce `of. 64;76 feet; thence raft South 21 '47'00" East along
Easterly boundary of said.pipeline. easement a .distance of 80:96 feet to the Point of Beginning.
ainin
Contg 0. 15 acres, more or less- being the sameproperty over and upon which the United States
ofAmericaacquired apeipetualeasement to•construct; operate, maintain, repair, replace and remove
Pip! . nes by instrument of conveyance dated .31 May 1963; ofrecord:in Official Record Book�.i 78, . .
page 4 8; .o the public records of Indian River County :Florida, said conveyance having keen
executed by .the-Board-of Commissioners of the , lorida Inland Navigation District. :.. .
1.VINOIOAVIDIFWOVANDWROPNOMTIUNDMGwnwo"R-1.AIDORCUIM DEED (INDLIN RIVER GODNTY).DOC
Exhibit "B"
Page 7 of 7 Pages
Modification of Dedication No. 23919