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HomeMy WebLinkAbout2009-174 �* COUNTY ATTORNEY ' S FFICi /0 get . INDIAN RIVER COUNTY 1801 27th Street Vero Beach , Florida 32960 2007515 THIS DOCUMENT HAS BEEN RECORDED IN THE PUBLIC RECORDS OF INDIAN RIVER COUNTY FL This iasuwuent wvas prepared by : BK- 2356 PG '. 1798 , Pagel of 6 1 ] . Colson 07/28/2009 at 08. 14 AM , Florida I'mer & Light Company 700 Universe Boulevard JEFFREY K BARTON , CLERK OF COURT Juno Beach, Ft.. 33 -108 SUBORDINATION OF UTILITY INTERESTS Public Entity THIS AGREEMENT, entered into this 16th_ day of June 20 C9 by and between IM) IA­N RIVER C OI.1N 'I Y, aTolitic_il subdivision ofthe State of Florida hereinafter referred to as " Public Entity" and FLORIDA POWER & LIGHT COMPANY, a Florida corporation , hereutalfer referred to as "Utility " . WHEREAS , the Utility presently has an interest in certain lands that have been determined necessary for highway purposes ; and WHEREAS , the proposed use of said lands for highway purposes will require subordination of interest claimed in said lands by Utility to the Public Entity and at the request of the Public Entity, the Utility has agreed, subject to the following condition , to relocate its facilities frorn the Utility's easement lands onto public right-of-way, or has agreed to leave its facilities on the subordinated lands (hereinafter jointly referred to as " Lands " and depicted in " EXII [ BIT A " attached hereto : ) and WHEWREAS , Public Entity is willing to pay to have the Utility's facilities relocated if necessary to prevent conflict between the facilities so that the benefits of each may be retained ; NOW , THEREFORE, in consideration of the mutual covenants and promises of the parties hereto, Utility and Public Entity agree as follows : 1 . Utility is the owner of the following easements : From or Recorded in Datei1ainst- Other AbII Favor of Book- Page/ November 29 , 1974 Florida Power & Li > ht Com ORB 480 / 592 FLORIDA POWER & LIGHT COMPANY 2 . The Utility hereby subordinates any and all of its interest in that portion of said easement( s) lying within the lands described on " EXHIBIT A " attached hereto and made a part hereof, to the interest of the Public Entity, its successors or assigns , for the purpose of constructing, improving, maintaining and operating a road over, through , upon, and/or across such Lands . 3 . ' fhe Utility shall have the right to construct, operate, maintain, improve, add to, upgrade, remove, and relocate facilities on , within, and upon all the Lands described . All new construction, major reconstruction or upgrade, removal or relocation of facilities shall be made in accordance with the Public Entity's minimum standards adopted 'as of the date of this Agreement . All maintenance , operation, non-major upgrade or improvement shall be made under the Public Entity' s minimum standards applicable at the time of the original construction . Any new constructiy ❑ or relocation of facilities within the Lands will be subject to prior approval by the Public Entity . Should the Public Entity fail to approve any new construction or relocation of its facilities by the Utility or require the Utility to alter, adjust, or relocate its facilities from or within said I_.ands , the Public Entity hereby agrees to pay the cost of such alteration , adjustment, or relocation , including, but not limited to the cost of acquiring appropriate easements . 4 . T'he Utility shall have a reasonable right to enter upon the Lands described herein for the purposes outlined in paragraph 3 above , including the right to trim such trees, brush , and growth which might endanger or interfere with such facilities , provided that such rights do not interfere with the operation and safety of the Public Entity's facilities . 5 . The Utility agrees to repair any damage to the Public Entity's facilities and indemnify the Public Entity against any loss or damage resulting from the Company exercising its rights outlined in paragraph 3 and 4 above . Page I of 2 6 . These terms and conditions shall be expressly referred to in the permit, if any, required by the Public Entity for location of the Utility 's facilities on the said Land and the terns of [lie subordination are and shall be made superior and controlling over any conflicting terns in the permit . written . IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and year first above Signed, sealed and delivered in our presence as witnesses : FLORIDA POWER. & LIGHT COMPANY P . O . Box 14000 Juno Beach, Florida 33408 -04 `�YUU Signature :- By 'its : -ea a ager of Corpora I Estate P int Name : _ Michelle M. KBhM= Prh]t Name : J . `I' . Corson (Corporate Seal) ignature : Deborah C. Patterson Print Name : STATE OF FLORIDA AND COUNTY OF PALM BEACH The fix going instrument was acknowledged before me this jrAA ' 1 day ol' _L"047fe 2009 J CQ9 '6 �QlY� the Manager of Corporate Real Estate of Florida Power & Light Company, a F rida corporation , on behalf of said corporation who is/are personally known to me and who did not take n oath . -� ter Ay . =O6# p`$ Notary Public State of Florida Michelle M Kahmann a= My Commission DD693940 Notary Public, State of Florida �of OP Expires 09/18/2011 Signed , sealed and delivered INDIAN RIVER COUNTY, . BOARD OF COUNTY COMMISSIONERS in our presence as witnesses : JK BARTON CLERK CIRCUIT COURT Print u fu - - lruitNarne : Wesley S . ,�vi54 -_ulalt"0><ttl _ Print Name : R . Vasa 0'/'/0APPROVED AS TO FORM -, l STATE OF FLORIDA By COUNTY O F WILLIAM K. DEBRAAL DEPUTY COUNTY ATTORNEY Wesly S . DBVi Sb of LIndian River County lie/she is personally kown to mmelloP who has/have prod ed The fore oin u]strturient was acknowledged before me this of used as identification and who did (did not) take an oath . My Commission Expires : ( ( h � V December 29 , 2009' Misty L . Horton Notary Public, State of Florida Subordination/Public (subpub) g- Revised : 10/95 Mfr t. IMtOM Ofty Pd& • Nw d fI&W Co mw C . Explra Doc 29. IM, COMMMW 0 0 927199 Page 2 of .) COMPOSITE EXHIBIT " A " 1 GRAPHIC SCAU 1 u7 ORB 1166/ PG 1257 o n � I, : - 74 ' W s9 . � s ' - - - - - - - - -- - - _ LQ — S89056 ' 150E I nL 1 d t S6L � = fio n O W c28. 28' - - s1a 57' to 'E I LL BRADFORD PLACE S = o 12-24' JO NOH- EXCLUSIVE RIGHT OF I I PIAT BOOK 21, PAGE 28 i Z (f,� S00 .2126 � W Tf ACT 13 WAY OF INGRESS ANO EGRESS I INDIAN RIVER FARMS COMPANY ORS s . 2 . PAGE 600 > W W OLO tt Q � r PLAT BOOK 2, PAGE 25 \` 20 UllUTY EASEMENT L 0o 0:'78 e66 . PAGE 1797 F- h- cl� Lij S W 1 a o nl F _ 589 56 ' 15'E _ _ � CD > o - 255 . 48 " - �� (L7 cv --- - cV o w 2 Q o Z 5 EASEMENT FOR 0_ RIGHT OF WAY I'uRPoSES 261431 SO FT_ �� I ❑ 0+18 1216. PACE 236 0 607 ACRES S m _ 55 ' 55 ROAD RIGHT 1 C3 OL O CRB 7816. PAGE 743 O as ORB 512/ PG 600 � � o o � p" ORB 120J P�CEO2285 Y � yRY P. 0. �. ORB 695/PG 564 W � 0 m RIGHT - i — — --.. 170 2I- 2O ROAD RI PA 2 33Y I -__-- /y � T = _— = Oft8 1251 . PAGE 20_' 3 � P a c• W 1 I N89 '56 ' 15 ' W NORTHERLY RIGHT OF WAY UNE i o SouTHs,�sr cOR11ER 0 276. 51 ' COUNTY R O A D 606 ' SECTION 23, TUNt�STiiP i-7 58 5U" ROAO FIGHT CF WAY OSLO ROAD d r ' , M 1711, (LANCE; 39 0 o ORB 136 . PACE 32 50 SO . ROAD RIGNI OF WAY E - `° 22 23 a 9th STREET Bllf ORB 109. PACE 606 = � 3 5 - 6U. 25" BASS OF BEARINGS SOUTH LINE SECTION 23. TDNtI SHP 33 SOUTH, FANGS 39 EAST � — _— Y .a $ 9 27 26 5896' 15"E 6 � n £ I, E - 8 (= A N .4 L 30. CANAL R11,1 in c o,r, , ! , me .nim n 9 Rs-In 6Y N. /I.r;da Soov a! Pra(m� d Lmd $.�rveJol n CT cplr 6G c3' 61 G1 a s ('Ial., An 1 01, 1 Cow. ip Ls c 1 lirda S of !q. And (hv� NN•},' � p '''7oT �hv ! d, � npun miJ:.t CG OCUC�LA.I P S rin 517 PC4r5,71 Pae CCHlICURJ tlCN wvp LLw( G[5C4!? R?V - 9 -30- 00 L JA TC m _ nLl! IL ^I tHCa/T »C S1L)ln7UHC wxp rrE fXi Gr.wl o iP OF SCu I ; 5 _ _ �.v. ti " � ..., w- � - r --...-... .. ....o...r r- .�.._.- ..�... ..-.• - .v - �. �.. r-r ,.. �. Cc lic )OA L'CNSCC 5UPKYD7 .N^Ni Pti!Y aIiOM, t--. X o LL�__l W`rl ,< Inod 4G I C[ E 6 BOGS (0 eeN " oh d•n [ arrr I Hd OYOtl 0750",C] ( .,w hfdyll\ JL IrOr LEGAL DESCRIPTION BY SURVEYOR ALL THAT- CERTAIN PIECE, PARCEL OR TRACT GF TRACT 130 SECTION 23, TOWNSHIP 33 SOUTH , RANGE 39 EAST, AS LAST GOFEFHt_ PLATCIRC OF LANDS OF THE INDIAN RIVERFARMSCOMPANY, LYING AND BEING ! N A PORTION OF CLERK OF THE CIRCUIT COURT THE SAME IS DESIGNATED ON THE NOW LYING AND BEING IN INDIANOFR RIVER CIIE COUNTY, FLORIDA , IN PLAT BOOK 12 , PAGE N THE OFFICE 5C SOF THE AID LANDS LANDS DESCRIBED IN OFFICIAL RECORDS BOOK FLORIDA , SAID LANDS ALSO BEING A PORTION OF THE 564 R D ' PUBLIC RECORDS T; SAID INDIAN LVE PAGE TY, AND OFFICIAL RECORDS BOOK 695, PAGE DESCRIEED AS FOLLOWS, 70 WIT. RIVER , COUNTY. SAID LANDS BEING MORE PARTICULARLY COMMENCINO3 FOR REFERENCE AT THE SOUTHWEST CORNcER, OF SAID SECTION THENCE , BEARING SOUTH 89 '56 ' 15 " 23 . ! 60. 25 FEET TO A POINT: EAST, ALONG THE SOUTH LINE OF SAID SECTION 23 , a Jr J THENCE, LEAVING SAID SOUTH LINE, BEARING NORTH 00 '03 ' 45 " DISTANCE OF 1 POINT ON THE NORTHERLY ( AS RECORDED IN OFFICIAL RECORDSRIGHT BOOK WAY �IJ6 OF COUNTY ROAD AS0 TS A DISTANCE OF 50 . 00 FEET TO A j 2265 , OF THE PUBLIC RECORDS OF SAID INDIAN 606 ( OSLO ROAD ) ( � !h STREET SW) , POINT AND P AGE J2 AND OFFICIAL RECORDS BOOK; 1203 pgGE LACE OF BEGINNING or. THE HEREIN RIVER COUNTY, FLORIDA . SAID, POINT ClNT /,; SO BEING THE i THENCE, BEARING NORTH 4 t 49 - 37 FEET TO A POINT OF¢I47 ' 03 " WEST CTION A ONG SAID NORTHERLY RIGHT OF WAY THE EASTERLY RIGHT OF WAY LNELOF 27TINE, A VENDISTANCE OF ! THENCE . BEARING NORTH 00 'pt ' yg " EAST, ALONG THE EASTERLY RIGHT OF WAY LINE OF SAIpTM E , AVENUE, A DISTANCE OF 115 . 00 FEET TO A POINT; 1 ASil E , LEAVING THE EASTERLY RIGHT OF WAY EA57. A pISrANCC OF 19 , 45 FEET TO A POINT LINE OF SAID 27TH AVENUE , BEARING C7 SOUTFI 89 .56 ' 15 ° p r THENCE . BEARING SOUTH 10 .57 ' 10 " EAST, A DISTANCE OF THENCE , 8E 28 . 28 FEET TO q POINT; � SEARING SOJTH 00 '21 ' 26 " WEST, A DISTANCE OF 12. 24 F C� + THENCE , BEARING SOUTH 44447 ' FEET TO A POINT; OF N E NORTHERLY RIGHT OF WA EAST, A DISTANCE OF 42 . 32 FEE Y LINE OF SAID COUNTY ROAD 606 r( OSLO A POINT 80. 00 FEET NORTH m th t THENCE, BEARING SOUTH 89 '56 ' 15 " EAST, ALONG A LINE 80, 00 FEET NORTH OOFAAAND9PARALELTWIT-H THE X NORTHERLY RIGHT OF WAY LINE OF SAID COUNTY ROAD 606 ( OSLO ROAD ) 91h STREET SW , i OF 256 . 48 FEET TO A POINT ON THE EAST LINE OF THE LANDS DESCRIBED (IN AFOREMENTIONED OFFICIAL CO RECORDS BOOK 512 , PAGE 600 ANO OFFICIAL RECORDS BOOK 695 , PACE 564 OF THE PUBLIC ARECORDS DISTANCE t OF SAID INDIAN RIVER COUNTY, FLORIDA ; p r THENCE. BEARING SOUTH 00 .20119 " WEST , AI, ONGSAID D POINT ON THE NORTHERLY RIGHT OF WAY LINOF o [ ' W ) I E SAIDECOUN TYCO A DISTANCE OF 80. 00 FEET TO A ROAD 606 ( OSLO ROAD ) ( 9th STREET ^ ll 1 THENCE , BEARING NORTH IVES i, ROAD 60E ( OSLO ROAD ) ( 9th9th STREET ALONG THE NORTHERLY RIGHT OF WAY LINE OF SAID COUNTY G .SEET SW) , A DISTANCE OF 276 . 51 FEET TO THE POINT OF BEGINNING , THE ABOVE DESCRIBED PREMISES CONTAIN AN AREA OF 26 , 431 SQUARE FEE S f OR LESS . SU13JECT TO ALL EASEMENTS, CONDITIONS AND 09 OF TITLE , RESTRICTIONS AS CONTAINED WITHN0- 507 ETHE OCHAIN a , sd � 1 a1 Ott #dtr � I — __ - - -- LEGEND -- . _ SURVEYORS (NOTES SECTION LINE S ) iH15 IS A SKETCH OF _ PROPERTY LINE " � LEGAL DESCRIPTION ONLYVEY. , NOT A — RIGHT OF WAY LINE 2 ) ITHErJSEARI GESRASEhFORTTHIS SURVEY IS BASED uannl C . R , COUNTY ROAD LR . F. W, r, p. INDIAN RIVER, FARMS HE SOU TI LINE OF SECTION 23, TOWNSHIP 33 SOUThI , o i ft AIJGE 39 WATER CONTROL DISTRICT EAST. SAID LINE BEARS SOUTH 89 '56 ' 15 " EAST. P . O. C. POINT OF COMMENCEMENT c J ) HE SCALE OF THIS DRAWING MAY HAVE B P • O. B, POINT OF BEGINNING DURING REPRODUCTION PROCESSES. BEEN 01570RTED P . B . PLAT BOOK t PG PAGE 4 ) REFER TO THE PPECIAL PURPOSE SURVEY PREPAPEp BY O .R , B . OFFICIAL RECORDS BOOR I PLAT BOOK 22, PAGE 33 ' I `rc ' no rcr= corvcu IN ROW RICHT OF THE PUBLIC RECORDS IN uW OF WAY I (J DIAN RIVER CoIJNTY , F RICHT OF WAY IORIDA . �clrsc P• m cin i www nov AND LICµ OfSur� n Ifcµt — Ar �KnDDnec ro CEL rA5[l/[Nr orstn,atn a o. R.C. r] A n PAL[ 1Je rp Fmw unwm �, _ _ ' ® ® KimeyHorn Harz � ori ® � andAssoclales , lnc. 5nbro LEGAL DESCRIPTION OF THE srFrNUUB1A Mr �;,. . ""'° A" PROPOSED RIGHT OF VI AI' F r [n rnL..cn no r OR PARCEL 45 ,� Ot- L --LM3 . 12101 loi �a� so I INDIAN RIVER COUN7�' FLORIDA ) I -- MP -EXHIBI-T. '.q _. - - -- - -- ---I LL O ORBI 1166 /PG 1257 a r J oilI a GRA-PH1C SCALE C� p - 1 . Q. .l.A . 0 5° Z5 o _ o 44w45 w Q SB9'Sfi1i5' i5"E _ SH9 .56r15mE 1 • j (• IN MT ) (� C7 2920i Inch sm 50 7L (Y f 28. 28 — — Q w` �- 10.57' 10 ' ws a- 0 30' NON - EXCLUSl \{ AUGHT OF w Lr L n i 12. 24' WAY OF INGRESS AND EGRES5 20* UTIUTY EASEMENT I RB 1 . PAGED OR88fiPAGE Lw < .� 1021 '260E 1797TRACT 1 1L I � Z Br ti r� INDIAN R1YER FARMS COMPANY Q o o w z) i2f w PLAT BOOK 2, PAGE 25 I ole BRADFOFD PLACE z Lo a a > �s� 0 I PLA T BOOK 21, PAGE 28 U Q a `r ¢ N89 '56 '15' w w U W n > J Ll — — — I — — — — -- f) I b w z r � f- K ' U) Q oo n h 5 RIGHT 0 " WAY EASEMENT '. 0 Q4 ry c ,H 04 ORB 1216 , PAGE 236 -- I Q, Q . 55- 55 ROAD RIGHT OF WAY ORB 1203. PAGE 2255 T5 ORB 512/PG 600 QR8 1816 . PAGE U93 0 r W QRB 695/PG 564 I a � h W / NORTHERLY RIG 130 1 7 — HT OF WAT UNG � 5 25' ! ROAD RIGHT OF WAY t - L P 0. C. m ORB 1251 . PAGE 2037 d n { a 1 s o SOUT?iM£ST � 50' RGAG RIGHT OF WAT C O U N T Y R Q A D 6 o (3 - _ _� sECTICrI 23. TON4ISNIP ROAD..: 3-3 SOUTH• RANDE 399 50' f3R8 1361 PAGE 32 55 OSLO R 0 7 EAST nr i " 3 22 I 2 .3 I 9 t h 8 T R E E T SW 50 50 'i ROAD RIGHT OF WAY E 76 ORD 109. PAGE BA95 OF BEARIHOS 59UTH UNE SEG110N 23, T➢541191!° 3J SOUT}I, AANCE J9 EAST 27 26 — 4{' E - 8 C: A N A L CA14AL R.w A,1 _ — }D d.; ,.R " ^ - - - - a,r a �►1 ' x �b MIFv r1,af v'/rw o n (. IM aid y mc.d n...aa r.Y ,..,.-,ems, .ne rtir' i,� T I 60 — ` - M b ;v. .ro+ a, r '— 53 , 610 -6 I0 fla-ida fled a! ro%/ Lv�d 1 and Su. .Ym n I -- -- — 61 -6 f a ea Aan) c of+ � p.-ay.nl to SRIG I f✓ 17,r.da Slc/efri, Md Ina( .'Aa trn .:,y a a huff w14of a . /2 'af�a[ M.. J SoC 1 fo rfiYs cn nolo r ~-� "'d llw/. C I CTI, !' : Y, Nc. S! :9 US —'- - NOT PALO MTHQUrP< F(}IAILtR E • E 1 �. .. C Alb Ru pvtJNAI Rf� 5{al_ 4 bb 4r, tiR4iYL`9 O H'(R ncPK 2 it 0 • a r � W �1 � vagi I v0 / [ 1121 'Cuwo — = _ •� ••� � a. -�• '�.-'" � I� Ir 1 I i I I LEGAL DESCRIPTION BY SURVEYOR I I ALL THAT CERTAIN PIECE , PARCEL OR TRACT OF LAND SITUATE , LYING AND BEING IN A PORTION OF TRACT 13 , SECTION 231 TOWNSHIP 33 SOUTH , RANGE 39 EAST, AS THE SAME IS DESIGNATED ON THE LAST GENERAL PLAT OF LANDS OF THE INDIAN RIVER FARMS COMPANY, r FILED IN THE OFFICE OF THE CLERK OF THE CIRCUIT COURT OF ST. LUCIE COUNTY, FLORIDA, IN PLAT BOOK 2 , PAGE 25 , AIp LANDS NOW LYING AND BEING IN INDIAN RIVER COUNTY, J FLORIDA , SAID LANDS ALSO BEING A PORTION OF THE LANDS DESCRIBED IN OFFICIAL RECORDS i BOOK 512 , PAGE 600 AND OFFICIAL RECORDS BOOK 695 , PAGE 564 OF THE PUBLIC RECORDS OF SAID INDIAN RIVER , COUNTY. SAID LANDS BEING MORE PARTICULARLY DESCRIBED A5 FOLLOWS , TO WIT: COMMENCING FOR REFERENCE AT THE SOUTHWEST CORNER OF SAID SECTION 23 ', THENCE , BEARING NORTH C0621 ' 26" EAST, ALONG THE WEST LINE OF SAID SECTION 23 , A DISTANCE OF 200. 00 FEET TO A POINT; THENCE, LEAVING SAID WEST LINE, BEARING SOUTH 89 '56 ' 15 " EAST, A DISTANCE OF 44 . 45 FEET TO THE POINT AND PLACE OF BEGINNING OF THE HEREIN DESCRIBED PARCEL , 1 THENCE . CONTINUE SOUTH 89 .56115 " EAST, A DISTANCE OF 292. 01 FEET TO A POINT ON THE WEST LINE OF BRADFORD PLACE , AS RECORDED IN PLAT BOOK 21 , PAGE 28 OF THE PUBLIC RECORDS OF SAID INDIAN RIVER COUNTY, FLORIDA; r THENCE , BEARING SOUTH OO '20 ' 19 ". WEST, ALONG SAID WEST LINE , A DISTANCE OF 70 , 00 FEET 1 TO A POINT 75. 00 FEET NORTH OF THE NORTHERLY RIGHT OF WAY LINE OF SAID COUNTY ROAD 506 ( OSLO ROAD ) ( 9th STREET SW ) ; n 0 THENCE , LEAVING SAID WEST LINE, BEARING NORTH 89 "56 ' 115 " WEST , ALONG A LINE 75. 00 FEET NORTH OF AND PARALLEL WITH THE NORTHERLY RIGHT OF WAY LINE OF SAID COUNTY ROAD t 606 ( OSLO ROAD ) ( 9th STREET SW) A DISTANCE OF 256 . 48 FEET TO A POINT; f � ( THENCE, f3EARING NORTH 44 . 47 ' 25 " WEST, A DISTANCE OF 42 . 32 FEET TO A POINT; i rn 9I� THENCE , BEARING NORTH OD "21426 " EAST , A DISTANCE OF 12 . 24 FEET TO A POINT: X ! THENCE . BEARING NORTH 10 '57 ' 10 " WEST, A DISTANCE OF 28 . 28 FEET To THE Poulr of z c ` EICGINNWIG . THE ABOVE DESCRIBED PREMISES CONTAIN AN AREA OF" 19 , 680 SQUARE FEET OR 0 . 45 ACRES , e ) MORE OR LESS, SUBJECT TO ALL EASEMENTS , CONDITIONS AND RESTRICTIONS AS CONTAINED D WITHIN "FHE CHAIN OF TITLE, i � s of a } a : 1 N ] N c i EGEND SURVEYORS NOTES d SECTION LINE 1 ) THIS IS A SKETCH OF LEGAL DESCRIPTION ONLY, ; 10T A — _ PROPERTY LINE BOUNDARY RETRACEMENT SURVEY, RIGHT OF WAY LINE 2 ) THE BEARING BASE FOR THIS SURVEY 15 BASED UPON C . R . COUNTY ROAD f THE SOUTH LINE OF SECTION 235 TOWNSHIP 33 SOUTH , I . R . F. W. C . D . INDIAN RIVER FARMS 311 HANCE 39 EAST . SAID LINE BEARS SOUTH 89 '56 ' 15 " EAST, WATER CONTROL DISTRICT 1 3 ) THE SCALE OF THIS DRAWING MAY HAVE BEEN DISTORTED P . O. C . POINT OF COMMENCEMENT ° DURING REPRODUCTION PROCESSES . P . O. B . POINT OF BEGINNING 1 P . B . PLAT BOOK c t 4 ) REFER TO TI4C SPECIAL PURPne;F SLIP >,EY oPEnAM ' t w o 'i PO . HAl]E Q, 1 KIMLEY— HORN AND ASSOCIATES . llJC. AS pccoanEn w n . R . R . ncr , ctnL r+ ccoao cook nr uoo 2L4 rAGE 33 OF IME PUBLIC RECORDS IN ROW RIGHT OF WAY G I INDIAN RIVER COUNTY , FLORIDA. RW RIGHT OF WAY - � 1 if ^ ®"I � ( KimleyHorn ^� �"" " ►�J ( , oa LEGAL DESCRIPTION Or= THE `r " °"E" and Assocales , Inc9 3D ! PROPOSED POND SITE FOR PARCEL45 .i CCC pMccT NO. I ? Or '� 6 `_ " , " ono�sna INDIAN RIVER COUNTY , FLORID ,a — y OFFICIAL RECORD eo P,, E 592 PREPARED BY : 1 JLOJ Parcel (IR - 17) This Instrument was prepared by EASEMENT DATE No ✓ I27y G . D. ZEALAND, R/W DEPT. fWRIDA POOER & LIGHT COMPANY 23 TWP 33S RGE 39E AUAS QBO EL Pluck EL SEC In consideration of the payment to me/ us by Florida Power Far Light Company of $ 1 . 00 and other good and valuable consideration which I / we have received , I / we and those holding through me/ us, grant and give to Florida Power & Light Company and its successors and assigns an easement for the construction , operation and main- tenance of electric utility facilities ( including wires , poles , guys, cables, conduits, transformer enclosures and appurtenant equipment ) to be installed from time to time ; with the right to reconstruct, improve, add to , change the size of or remove such facilities or any of them ; to permit the attachment of conduits, wires or cables of any other Company or person ; also , to cut , trim and keep clear all trees, brush and undergrowth or other obstructions that might endanger or interfere with said facilities, on , over , upon , under, and across my/ our property described as follows ; Indian River Farms Co . S / D , as in Plat Book 2 , page 25 , Section , Township 33 South , Range 39 East , Indian River County , Florida ; Tract 13 less Canal and Road Right — of — Way . ( Z 1,C) The easement more particularly described as a strip 10 feet wide , centered 45 feet East of and parallel with the Section Line of the above property , and the right to install and maintain overhead wires and conductors within the area West to S . R . 607 Right — of —Way as it now exists . DOCUMENTARY o � FL. QRIDA I SUR II� X = DOCUMENTARY STAMPTAX I FIOR I A _ zi " ' DEP7 . OF REYENVo[ ► [. DECO I . U a av PB . — DEC - S' 74._ l�. • N, s 1 P. B . � y = 105 Z! •+• •• '� ) ur , ra REVENUE i1D96 N ' oI g . 2 C _ In the presence of : n ( Seal ) o Earl Carden ( Martha R Carden ) ( Seal ) a) E ( Seal ) 0 ( Seal ) MEN0 v - o ' 0 0o STATE OF FLORIDA AND COUNTY OF E I , a Notary Public , do hereby certify that — knovvn to me , persohally appeared before me and acknowledged the execution of the foregoing instrument for the & Use and pilrposes LI \ therein ex pressed . l } a co WITNESS my hand and official seal in said County apd State this — day of `T9 14 0 & ,1, of Ilulnt � . : rY , I - July 1 .'. . � IJnt .iiy pv. P . r I•. � a, ! t,qy comrin.clolr _ ,. . . . � I My Commission expires : 19 NOTARY PUBLIC , STP001711 OF FC ORI CS A � AT. , LA RGE o FORM 1732P REV . 7 /73 RWO / SIOlTWO ER 7735 - 984 STRUCT . NO . — C N E c m J J a L_ 3 a C 1