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HomeMy WebLinkAbout2004-111 641 DEED OF EASEMENT THIS DEED OF EASEMENT, made this 11 th day of May 2004 , by INDIAN RIVER COUNTY, a political subdivision of the State of Florida ( County) , whose mailing address is ,1840 25th Street, Vero Beach , FL 32960 , " GRANTOR , " in favor of the CITY OF VERO BEACH , a municipal corporation of the State of Florida , Indian River County, Florida , whose mailing address is P . O . Box 1389 , Vero Beach , Florida , 32961 - 1389 , " GRANTEE . " WITNESSETH : That the said GRANTOR , for itself, its successors and assigns , for and in consideration of the sum of ONE DOLLAR ($ 1 . 00) and other valuable consideration in hand paid by the GRANTEE , the receipt and sufficiency of which is hereby acknowledged , does hereby grant, bargain , and, convey to the GRANTEE , GRANTEE' S successors and assigns forever, a public utility easement for the maintenance of a well and raw water main over, under, across , in , through and_upon the following-described property situated in the County of Indian River, State of Florida , and being more particularly bounded and described as follows: [SEE EXHIBIT "A" ATTACHED] SUBJECT to the right of the GRANTOR to utilize the surface and/or subsurface of the property subject to this easement in any reasonable manner that will not interfere with the purposes of the GRANTEE ; and SUBJECT FURTHER that the presence, use , or activity authorized by this easement shall not interfere with the existing drainage of, or existing uses of, the property subject to this easement. Any damage to the surface area caused by reason of the use , presence , or activity authorized by this easement shall be repaired promptly by the GRANTEE . TO HAVE AND TO HOLD the same together with all the right and privilege from time to time to reconstruct, inspect, alter, improve , add to , replace, remove or relocate any facilities located thereon , or any part of them and together with all the rights thereunto belonging , and all the estates , right, title , interest, lien , equity , and claim whatsoever of the said GRANTOR , for itself, its successors and assigns, either in law or equity, limited only to the proper use and benefit of the GRANTEE , GRANTEE's successors and assigns forever, as long as the same is used by the GRANTEE for the purposes of this conveyance . IN WITNESS WHEREOF , GRANTOR has hereunto set its hands and seals the day and year first above written . ATTEST : J . K. Barton , Clerk GRANTOR ( INDIAN RIVER COUNTY, FLORIDA, BOARD OF COUNTY COMMISSIONERS) 2� r By: BY• Deputy Clerk Print: Caroline Ginn , Ch Mnan BCC approval date May 11 , 2004 Ap r ed a to form and legal su ncy: n E . - ell Assistant County Attorney Page 1 of 2 N :\CityAtny\STI\Client Docs\W&S\Easements\IRC .well .water.main .mar.04-cpv.doc 3/15/2004 9:51 AM t t DO _ NOT RED © RD NT OT Approved as to technical requirements : A rov as confor ing t municipal policy: Cy, Water Sewer Dir4cior ity a ager Approved as to form and legal sufficiency: P9 eZO121 a" 0 Attorney This instrument prepared in the office of the City Attorney PO Box 1389 Vero Beach , FL 32961 -1389 Page 2 of 2 N :\CityAtny\STI\Client Docs\W&S\Easements\IRC.well .water.main . mar.04-cpv.doc 3/15/2004 9:51 AM Property Description Utility Easement February 11 , 2004 EXHIBIT " A " PROPERTY DESCRIPTION UTILITY EASEMENT PARCEL #33 -39 -02 -00000 -7000 -00001 . 3 Situated in the State of Florida , County of Indian River, City of Vero Beach , and being a part of the Southeast Y4 of Section 2 , Township 33 South , Range 39 East , and being more particularly bounded and described as follows : Commencing at the Southwest corner of the Southeast % of said Section 2 , run Easterly along the South line of said Section 2 on an assumed bearing of South 89 ° 22 ' 00 " East for a distance of 501 . 56 feet to a point ; Thence run North 00 ° 36 ' 54 " East for a distance of 80 feet to a point on the North right-of-way of 16th Street , said point being the Point of Beginning ; Thence run North 89 ° 22 ' 00 " West along the North right-of-way of 16th Street for a distance of 7 . 5 feet ; Thence run North 00 ° 36 ' 54 " East for a distance of 36 . 29 feet ; Thence run North 08015 ' 30 " East for a distance of 173 . 31 feet ; Thence run North 11 020 ' 52 " East for a distance of 138 . 82 feet ; Thence run North 38017 ' 30 " East for a distance of 13 . 46 feet ; Thence run North 43054 ' 57 " West for a distance of 91 . 87 feet ; Thence run North 46005 ' 03 " East for a distance of 200 . 00 feet ; Thence run North 43054 ' 47 " East for a distance of 200 . 00 feet ; Thence run South 46005 ' 03 " West for a distance of 200 . 00 feet ; Thence run North 43054 ' 57 " West for a distance of 92 . 99 feet ; Thence run South 38017 ' 30 " West for a distance of 7 . 81 feet ; Thence run South 11 020 ' 52 " West for a distance of 134 . 82 feet ; Sheet 1 of 3 Property Description Utility Easement February 11 , 2004 Thence run South 08 ° 15 ' 30 " West for a distance of 171 . 90 feet ; Thence run South 00 ° 36 ' 54 " West for a distance of 35 . 50 feet to a point on the North right- of-way of 16th Street ; Thence run North 89 ° 22 ' 00 " West along said North right-of-way for a distance of 7 . 5 feet to the Point of Beginning ; Containing 45 , 344 square feet more or less . Jr David R . Gay , PSM, #5973 A:\2004\Propdes . util ityeasement.feb 1104. doc Sheet 2 of 3 o VIII `V � INDIAN RIVER COUNTY/ qt SUNSHINE REHAB CENTER N 33390200000700000001 . 2 � s SCALE 1 " = 100 �o% %.mp • to 0°o•s�• y°„�v x,00• RADIUS F /� ti°o WELL HOUSE s' 250' 33.23 � 216 . 77 ' � Lu to � to o a °° �y� I w �,y0 I I \,)p , 100_RADIUS� /5� Q aI I ?i9S�ik3` i �— 4 I `n cv I 1 �L i pq wNj1 I 3 7.81 ' kke p So S38.17 Z �l ItoO t5'�yl co I I~� � I 6• D.I.P. (RAW WATER LINE) ; RILEY FIELD BASEBALL DIAMONDS I I 33390200000700000001 . 3 W � 3 Wrrjl lato z � 1 Ino QI •- N I II I O LAII . Ni1 kw P !� to NI Imo NORTH R/W NE OF 16TH STREET Z M I I M y POINT OF BEGINNING N8972'00 W 7.50 7.50 � � POINT OF COMMENCEMENT 16TH 8 S STREET SW CORNER OF THE SE 1/4 c OF C - so z o • _ p S89'22b0•E 501.56' (ASSUMED BEARING) G� SOUTH UNE OF 2-33-39 DAVID R . GAY, PS 73 ' ciA . C' 4 THIS SKETCH IS NOT A SURVEY SHEETF 'F CITY OF VERO BEACH .. +�'' 'I0; " ^y1Rm,8Y SKETCH OF PROPERTY DESCRIPTION EXHIBIT A DEPARTMENT OF PUBLIC WORKS UTILITY EASEMENT CITY PROJECT NO. DR r DATE AND ENGINEERING 2003- 08 . ENGINEERING DIVISION SE 1 /4 OF SEC . 2 - 33 - 39 DA 2/04 %N B CHDGY DESMIPMON 0000 N :\SURVEY\SDSMPROJ\2003-08\dwg\2003-08ALT. dwg , 07/08/2004 3 :44 : 10 PM