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Home My WebLink About2007-130 C130UNTY ATTORNEY' S OFFICE IND; APl F-JVF .: COUNTY 2.OJ7 130 1 ` 30 2 5 A Streof vera IDLLI6 , Florida 32960 OPEN SPACE/CONSERVATION EASEMENT GRACE LUTHERAN CHURCH , in consideration of Ten Dollars ($ 10 . 00) and other good and valuable consideration , on behalf of itself and its successors and assigns , grants and gives unto Indian River County, Florida , an opan space/conservation easement over its property described in Exhibit A attached hereto and made a part hereof. The following acts are expressly prohibited under this open space/conversation easement: (a) Construction of placing of buildings , roads, signs , billboards or other advertising , utilities , or other structures on or above the ground , provided , however, that this shall not prohibit the erection of a fence , or unenclosed recreational shelters subject to County site plan approval . ( b) Dumping or placing of soil or other substance or material as landfill or dumping or placing trash , waste , or unsightly or offensive materials . (c) Removal or destruction of trees , shrubs , or other vegetation with the exception of exotic plan species such as Brazilian Pepper, Australian Pine , etc. , and the mowing of grass . (d) Excavation , dredging , or removal of loan , peat, gravel , soil , rock, or other material substance in such manner as to affect the surface . (e) Surface use except for purposes that permit the land or water area to remain predominantly in its natural condition . (f) Activity detrimental to drainage , flood control , water conservation , erosion control , soil conservation , or fish and wildlife habitat preservation . (g) Acts or uses detrimental to such retention of land or water areas . This open space/conservation easement is given with the understanding that should the owner receive permission for uses , other than as permitted herein , from appropriate governmental agencies , then the same shall be permitted . During the time this conservation easement is in legal existence , the appropriate representatives of Indian River County, Florida , are hereby authorized and granted the right to enter the property described in Exhibit A in a reasonable manner and at a reasonable time to insure compliance with the terms of this open space/conservation easement. Dated this ZC1 day of HAI 1f4 20b -7 1837237 THIS DOCUMENT HAS BEEN RECORDED IN THE PUBLIC RECORDS OF INDIAN RIVER COUNTY FL BK: 2156 PGA307 , Pagel of 3 04120/2007 at 04: 12 PM, JEFFREY K BARTON, CLERK OF COURT GRACE UTHERAN CHURCH Witnesses : BY: Pres ent Patricia W . P Inge Attest: Matthew Luttman Secretary State of Florida County of Irid ) n �kIVCV I HEREBY CERTIFY that on this day before me , an officer duly authorized in the state and county aforesaid to take acknowledgements , personally appeared Gl4k V D 1 XO N and TtfoM A-s 13oO-CH A4,1K well known to me to be the President and Secretary, respectively, of the Gj"cP LLt+Vy-fcq l hi )rCh named herein , and that they severally acknowledged executing the same in the presence of two subscribing witnesses freely and voluntarily under authority duly vested in them by said corporation . WITNESS me hand and official in the county and state last aforesaid this 2D day of ffV'jV( ,V\ , 20DI. L� JESSICA HAWVJNS Nota Public Seal � 'Y MY COMMISSION # DD 567125 EXPIRES: Ogober22, 2G10 � '°' Banda' " ° Notary P°b ° "° e% �= My commission expires : � • IL 221 IQ THE NORTH LINE CF TRACT 12 ROSEDALE ROAD 1ALSO KNOWN AS 12TH STREET) . . (AVD AN RIVER CA VS 6n RES FR% AT10N FOR ROA] AND SUI DITCH) (FABrFL N9- , xEtil TMb a > OPEN SFAEE 3 CONSETV4TIDN EASEPENT � � PARCEL NO. I gyp OR FIR cr IFT 0 B. s •DLO � RFO FU OF I9 FU RE I " _ a xl www E ^ OF GRACE LUTHERAN CH_RCH 55 8 — � � c = 1 z � r ; I 7G a z r EARD L N�. N aha ,r a s+Y IF oPEN =_PACE A GRAPHIC SCALE ceNSPARCEL A 3 EAsYEN PARCEL No. z 0' 30 60 1 k THE N09TF LINE C= THE SDUTH 15 ACEES = 60 ' Hlll 11 �ls NORTH D F' OF TH ,F, TON., e. . , ._.-.,- xo.wwr�x�x EXHI IT MNALVM mt>LLrv.�m F.� 1 rznowT. .xs �.tti ASO 0, FARCEL NO. 1 DESCRIPTION OF OPEN SPACE / CONSERVATION EASEMENTS THAT PORTION OF THE WEST HALF OF THE NORTH 10 ACRES OF THE FAST HALF OF TRACT 12, SECTION 10, TOWNSHIP 33 SOUTH, RANGE 39 EAST, ESS THE SOUTH 1 .50 ACRES THEREOF, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE NORTHEAST CORNER OF THE ABOVE DESCRIBED LANDS: THENCE SOUTH, ALONG THE EAST LINE OF THE ABOVE DESCRIBED NDS, A DISTANCE OF 30.00 FEET; THENCE WEST, PARALLEL WITH THE NORTH LINE OF THE SAID WEST HALF OF THE NORTH 10 ACRES, A DISTANCE F 35.00 FEET TO THE POINT OF BEGINNING: THENCE CONTINUE WEST, A DISTANCE OF 298.40 FEET TO THE EAST RIGHT—OF—WAY LINE OF 415T. VENUE: THENCE SOUTH ALONG THE SAID RIGHT—OF—WAY LINE. A DISTANCE OF 189F79 FEET: THENCE N 88'30'00" E, A DISTANCE OF 35.97 FEET; THENCE N 21'30'00" W. A DISTANCE OF 41 .00 FEET: THENCE N 57'30'00" E. A DISTANCE OF 28.00 FEET: THENCE N 32'30'00" W, A DISTANCE 28.00 EET; THENCE N 57`30' 00" E, A DISTANCE OF 73.00 FEET; THENCE S 32'30'00" E, A DISTANCE OF 58.00 FEET; THENCE N 57'30'00" E, A DISTANCE F 47.00 FEET; THENCE N 32'30'00" W, A DISTANCE OF 8.00 FEET; THENCE N 57'30'30" E. A DISTANCE OF 9 . 10 FEET; THENCE N 32'29'30" W, A (STANCE OF 14.50 FEET; THENCE N 5T30'30" E. A DISTANCE OF 58.00 FEET; THENCE S 32'29'30" E. A DISTANCE OF 14.50 FEET; THENCE N 7'30'30" E, A DISTANCE OF 99.94 FEET TO THE POINT OF BEGINNING. CONTAINING 0.549 ACRES. MORE OR LESS. PARCEL NO. 2 THAT PORTION OF THE WEST HALF OF THE NORTH 10 ACRES OF THE EAST HALF OF TRACT 12, SECTION 10, TOWNSHIP 33 SOUTH, RANGE 39 EAST, LESS THE SOUTH 1 .50 ACRES THEREOF, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE NORTHEAST CORNER OF THE ABOVE DESCRIBED LANDS: THENCE SOUTH ALONG THE EAST LINE OF THE ABOVE DESCRIBED LANDS, A DISTANCE OF 379.28 FEET TO THE POINT OF BEGINNING: THENCE CONTINUE SOUTH, A DISTANCE OF 78.00 FEET TO THE NORTH LINE OF THE SAID SOUTH 1 .50 ACRES: THENCE WEST, ALONG THE SAID NORTH LINE, FOR A DISTANCE OF 173.00 FEET: THENCE N65'43'51 "E, FOR A DISTANCE OF 189.77 FEET TO THE POINT OF BEGINNING. CONTAINING 0. 15 ACRES. MORE OR LESS. MDIANRIVER SURVEY, INC. suRvEvHs SISNATURE NOT A SURVEY PROFESSIONAL SUR VEYINGANDMAPPIlVG CFHTFTCATE OF AB1 ZAi10N Ho. L6 7515 SKETCH TO ACCOMPANY 245514TH AVI A4H0 BFACK ROWA 32950 LEGAL DESCRIPTION FI;FPONn2) 6nFAX ( 2) - 17 ARKW Ra NOJDK' o� TE, i „ . „..,os DATE I DRAWN I SCALE to6 « 31] 310] M.C. I -_60' IRS- 116 Instrument Prepared Under the Supervision of William i . Collins ,11 , County Attorney, and should be returned to the County Attorney's Office, 184025 1h Street, Vero Beach , FL 32960 1837236 THIS DOCUMENT HAS BEEN RECORDED IN THE PUBLIC RECORDS OF INDIAN RIVER COUNTY FL BK: 2156 PG : 1305, Pagel of 2 04/2012007 at 04: 12 PM, JEFFREY K BARTON, CLERK OF COURT RELEASE OF EASEMENT WHEREAS , Indian River County was granted an Open Space/Conservation Easement by Grace Lutheran Church , over property described in Exhibit "A" attached hereto and made a part hereof, recorded in O . R. Book 838 , Page 1148 , of the Public Records of Indian River County, Florida ; and WHEREAS , in coordination with the interested parties , County staff has determined a relocation of this Open Space/Conservation Easement is in the public interest; and WHEREAS , Grantee has executed , simultaneously herewith , a substitute Open Space/Conservation Easement to Indian River County; NOW, THEREFORE , this Release of Easement is executed by the Board of County Commissioners of Indian River County, a political subdivision of the State of Florida , whose mailing address is 1840 25th Street, Vero Beach , Florida 32960 , Grantor, to Grace Lutheran Church , its successors in interest , heirs and assigns , Grantee . Indian River County does hereby release and abandon all right , title , and interest that it may have in the area described on Exhibit "A" attached hereto . IN WITNESS WHEREOF , the Grantor has caused these presents to be executed in its name this 17th day of Apri 1 2007 . 3 ?, Attest: J . K. Barton , Clerk BOARD OF COUNTY COMMISSIONERS By �� -NA P INDIAN RIVER COUNTY, FLORIDA 1-1 Deputy Clerk By G C . Wheeler, Chairman Approved as to form and legal sufficiency: �� p William G . Collins 11 County Attorney EXHIBIT A DESCRIPTION ( PARCEL NO . 1 ) THAT PORTION OF THE WEST HALF OF THE NORTH 10 ACRES OF THE EAST HALF OF TRACT 12 , SECTION 10 . TOWNSHIP 33 SOUTH , RANGE 39 EAST , LESS THE SOUTH 1 . 50 ACRES THEREOF , BEING MORE PARTICULARLY DE- SCRIBED AS FOLLOWS : COMMENCE AT THE NORTHEAST CORNER OF THE ABOVE DESCRIBED LANDS : THENCE SOUTH , ALONG THE EAST LINE OF THE ABOVE DESCRIBED LANDS , A DISTANCE OF 30 . 00 FEET ; THENCE WEST , PARALLEL WITH THE NORTH LINE OF THE SAID WEST HALF OF THE NORTH 10 ACRES , A DISTANCE OF 35 . 00 FEET TO THE POINT OF BEGINNING : THENCE CONTINUE WEST , A DISTANCE OF 298 . 40 FEET TO THE EAST RIGHT-OF-WAY LINE OF 41St AVENUE : THENCE SOUTH ALONG THE SAID RIGHT-OF-WAY LINE , A DISTANCE OF 160 . 46 FEET : THENCE N . 57 30 00 " F. , , A DISTANCE OF 50 . 88 feet ; thence N . 32 30 00 " W . , A DISTANCE OF 25 . 00 FEET : THENCE W . 57 . 30 000E . 73 . 00 FEET : THENCE 5 . 32 30 ' 00 " E . A DISTANCE OF 58 . 00 FEET : THENCE N . 57 30 ' 00 " E . , A DISTANCE OF 47 . 00 FEET : THENCE N . 32 . 30 ; 00 " W . , A DISTANCE OF 8 . 00 FEET : THENCE N . 57 30 ' 30 " E . , A DISTANCE OF 167 . 00 FEET TO THE POINT OF BEGINNING . CONTAINING 0 . 54 ACRES , MORE OR LESS . DESCRIPTION ( PARCEL NO . 2 ) THAT PORTION OF THE WEST HALF OF THE NORTH 10 ACRES OF THE EAST HALF OF TRACT 12 , SECTION 10 , TOWNSHIP 33 SOUTH , RANGE 39 EAST , LESS THE SOUTH 1 . 50 ACRES THEREOF , BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS : COMMENCE AT THE NORTHEAST CORNER OF THE ABOVE DESCRIBED LANDS : THENCE SOUTH ALONG THE EAST LINE OF THE ABOVE DESCRIBED LANDS , A DISTANCE OF 379 . 28 FEET TO THE POINT OF BEGINNING : THENCE CONTINUE SOUTH , A DISTANCE OF 78 . 00 FEET TO THE NORTH LINE OF THE SAID SOUTH 1 . 50 ACRES : THENCE WEST , ALONG THE SAID NORTH LINE , FOR A DISTANCE OF 173 . 00 FEET : THENCE W 65 43 ' 51 " E . , POR A DISTANCE OF 189 . 77 FEET TO THE POINT OF BEGINNING , CONTAINING 0 . 15 ACRES , MORE OR LESS , ALL OF THE ABOVE DESCRIBED LANDS SITUATED IN INDIAN RIVER COUNTY , FLORIDA . Legal Desc . STAN