HomeMy WebLinkAbout2005-152 1644581
_ THIS DOCUMENT HAS BEEN RECORDED
6 IN THE PUBLIC RECORDS OF
INDIAN RIVER COUNTY FL
BK : 1870 PG : 1024 , Pagel of 18
05/06/2005 at 08 : 56 AM ,
D DOCTAX PD $0 .70
JEFFREY K BARTON , CLERK OF
COURT
GRANT OF RESTORATION , ACCES § AND RECREATION
EASEMENT
THIS GRANT OF RESTORATION , ACCESS AND RECREATION
EASEMENT (the " Agreement" ) , entered into this Irej day of Ma , , 2005 )
by GRAND HARBOR NORTH LAND LLC , a Delaware corporation , whose mailing
address is 3755 7th Terrace , Suite 301 , Vero Beach , Florida , 32960 hereinafter called
" Grand Harbor" to INDIAN RIVER COUNTY, a political subdivision of the State of
Florida , whose mailing address is 1840 25th Street , Vero Beach , Florida , 32960 ,
hereinafter called " County . "
WITNESSETH
WHEREAS , Grand Harbor is the fee simple owner of certain real property
situated in Indian River County , Florida , which consists of approximately 416 acres and
is contemplated for high -end residential development of approximately 750 or more
units . A map and legal description of the real estate is attached as Exhibit "A" and
incorporated by reference herein (the " Property" ) ; and
WHEREAS , a portion of the Property lies adjacent to the Indian River (the
" River") and contains approximately 62 acres of estuarine wetlands , as more particularly
described on the map and legal description of attached as Exhibit " B " and incorporated
by reference herein (the " Site ") ; and
WHEREAS , due to earlier hydrological alterations to the wetlands , the
wetlands are not functioning at their full potential and would benefit from improvements
proposed by the County to remedy or modify such past alterations and to make the
wetlands a more suitable habitat for fish , plants , and wildlife ; and
WHEREAS , the County has requested that Grand Harbor permit the
County to modify the Site to accept brine discharge from the North County Reverse
Osmosis Drinking Water Plant , blend it with water from the Indian River in a system of
detention ponds that will in turn flow into the Indian River and provide for the basis of
improvement of the estuarine habitat and to provide for passive recreation in the form of
boardwalks , fishing areas and nature trails (the " Project" ) .
WHEREAS , Grand Harbor and the County intend that the Project will
benefit the Property and that it will not negatively impact the Property or Grand
Harbor' s development of the Property ; and
1
WHEREAS , The County has provided to Grand Harbor a conceptual plan
for the Project (the " Plan " ) attached hereto and incorporated herein as Exhibit " C " and
such Plan has been relied upon by Grand Harbor in the decision to enter into this
Agreement ; and ;
WHEREAS , Grand Harbor recognizes the ecological significance of the
Site and wishes to allow the County to return the property to a high functioning
estuarine wetland system while also providing for passive recreation in the form of
boardwalks , fishing areas and nature trails ; and
WHEREAS , the County is authorized to make these improvements
pursuant to Indian River County Code 928 . 05 ; and
WHEREAS , for the purposes of this document , the term "wetlands " shall
mean the definition of wetlands found in the administrative rules and regulations of the
Florida Department of Environmental Protection ; and
WHEREAS , subject to the terms and conditions of this Agreement Grand
Harbor hereby conveys to the County an easement in the Site as described herein
1 . NOW THEREFORE , for the consideration recited above and for other good and
valuable consideration , the receipt and sufficiency of which is hereby
acknowledged , the parties agree as follows : The County will use the Site to
discharge into detention ponds blended water from the Indian River and water
from the North County Water Treatment Plant Reverse Osmosis brine waste
stream . The County will modify the Site by limited excavation and fill activities to
create a system of detention ponds , marshes , runnels , piping , mix/splitter box
and lift stations , hereinafter, the " Equipment" , sufficient to treat and hold the
blended water until its eventual out flow into the Indian River Lagoon . The lift
stations and any above ground equipment is expected to be similar in size and
appearance to a sewer lift station , but in any case shall not exceed a 20 ' x 20 '
pad and equipment on the pad shall not exceed 10 feet in height and shall be
similar in appearance to those currently located within the Grand Harbor
community located south of the Property ( " GH South " ) . Prior to submission of
requests for building permits or commencing any excavation or other work for the
Structures , the County shall provide plans of the Structures and landscaping to
Grand Harbor for review and approval . In addition , the County shall advise Grand
Harbor of any changes to the plans for the Structures prior to implementing such
changes and Grand Harbor shall have the right to review and approve the same .
Grand Harbor' s review and response to plans or design alternatives shall be
given within 7 business days from receipt from the County . Approval by Grand
Harbor shall not be unreasonably withheld or delayed . In addition to the
foregoing , the parties agrees as follows :
( a) The County shall be responsible for obtaining all permits for uses of the
Site .
2
( b ) All costs of construction and future maintenance of the Site shall be the
County' s responsibility .
( c) No structures , other than the Equipment for the waterworks shall be
permitted on the Site . When consistent with regulatory design
requirements that may dictate final design , the County will place the
Equipment in such locations as will cause minimal visual impact from the
adjacent uplands and shall be aesthetically screened from the view of the
remainder of the Property with low maintenance native plant material
landscaping installed and maintained by the County so long as the
aesthetic features do not preclude function dictated by regulatory
requirements . The Project design will provide that all wetlands and
wetland buffers will be located within the Site .
(d ) Although it is anticipated that this Project will provide significant wetland
improvements that will likely reduce the need for mosquito control , the
Indian River County Mosquito Control District will be allowed access to the
Site for the purpose of mosquito control .
(e) The Project shall be designed to prevent adverse impacts to the Property .
If material adverse impacts develop the County agrees to promptly use
reasonable efforts to remedy the same .
(f) The parties agree that this Project is contingent on the County obtaining
all needed permits from the various regulating agencies . In the event that
the Project is denied any required permit from a regulatory authority and
the denial of that permit prohibits the completion of the Project or 18
months passes from the signing of this agreement without permit
approval , Grand Harbor shall be allowed to terminate this Agreement on
six months written notice to the County Utility Director . A fully executed
Release of Grant of Restoration , Access and Recreation Agreement in
appropriate form for recording (the " Release ") has been delivered to
Grand Harbor' s counsel ( " Escrow Agent" ) to be held in escrow . In the
event Grand Harbor delivers the termination notice to the County Utility
Director as herein provided and delivers a copy of such notice to the
Escrow Agent , the parties agree that the Escrow Agent is hereby
instructed and authorized to record the Release 180 days after delivery of
the notice . However , if the County Utility Director can show that the
Project has been given conceptual approval from the permitting agencies
and the County has proceeded with due diligence in acquiring all needed
permits , a 180 day extension shall be given to the County before the
escrow agent records the Release .
(g ) For the purposes of this project only , Grand Harbor gives the County
permission to apply for any necessary permits including , but not limited to ,
site plan approval and permits for the Equipment on behalf of Grand
Harbor . Grand Harbor agrees to cooperate with County , at the County' s
3
expense , in order for County to apply for and obtain any of the necessary
permits .
( h ) Upon receiving all necessary permits for the project the County will
diligently pursue construction . Completion of the Project , from start , is
anticipated to take no more than 1 year .
( i ) The County recognizes that Grand Harbor intends to develop the
remainder of the Property adjacent to the Site , and agrees to cooperate
with Grand Harbor should it apply for any waivers , variances , permits or
other approvals .
(j ) Within 90 days of execution of this document by all parties , the County will
cause a survey of the Site to be prepared and certified to Indian River
County and Grand Harbor. Such survey shall show that the Site is entirely
within the area depicted on Exhibit C . If the survey shows that there are
encroachments onto other areas of the Property or that there are wetlands
or wetland buffers located within portions of the Property other than the
Site , the County shall remove such encroachments , wetland and wetland
buffers and prepare an updated survey indicating that no portion of the
Property other than the Site has been used for the Project .
2 . The County may construct boardwalks , roads and trails on the Site to monitor
and maintain the Site and the Equipment and place monitoring equipment around
and within the Site . The areas in which the Equipment are located (the
" Restricted Areas ") will not be open to the public or to Grand Harbor , its
residents , guests , or invitees and the County shall construct appropriate fences
or gates to restrict access thereto . The County does not intend to and will not
fence the River edge or the western border of the Site . Any fencing along the
north border or the south border of the Site shall be done only with the prior
approval of Grand Harbor and shall be landscaped to minimize any aesthetic
impacts . Plans for all boardwalks , roads , trails , fences or other improvements to
the Site , whether within the Restricted Areas or otherwise shall be submitted to
Grand Harbor prior to construction for review and approval and said plans or
design alternatives shall be reviewed and responded to by Grand Harbor within 7
business days from receipt from the County . Approval by Grand Harbor shall not
be unreasonably withheld or delayed . If such improvements are built , the County
shall provide adequate fencing to assure that public access to the Site will be
strictly controlled . Fencing shall be similar in appearance to that currently used
in Grand Harbor South .
3 . Except for County or Mosquito Control vehicles , no motor vehicles or motorized
watercrafts may be operated on the Site .
4 . The Site shall be considered part of the North County Water Treatment Facility ,
and as such , the County reserves the right to restrict public access to the Site .
4
The County may allow limited access to the Site for educational group tours
under the supervision of appropriate County personnel . Public access to the Site
shall be limited to Site visits scheduled by the County which shall coordinate all
visits with Grand Harbor . It is anticipated that all visits will occur during the
interval between one hour before sunrise and one hour after sunset . No hunting ,
weapons or firearms of any type shall be permitted on the property . All local ,
state or federal regulatory agencies with jurisdiction over the Site shall be
permitted access to the Site for purposes of ensuring compliance with local , state
or federal regulations . The Site shall be accessible by County personnel and their
agents , and regulatory agency personnel at all times for purposes of maintaining ,
operating , inspecting and monitoring the Site . No individuals , other than County
personnel and their agents , regulatory agency personnel and Grand Harbor' s
designees shall be allowed on the Site .
5 . When necessary , Grand Harbor will allow an access point to the Site . The
County understands that it will be necessary to provide locations for its
equipment , limited access and limited parking within the Site . Limited parking for
educational tour buses and County personnel and their agents and regulatory
agency personnel for the purposes described in Section 4 above will be provided
at a location as agreed to by Grand Harbor and County . The duration of parking
at this facility will be only for the length of the educational or inspection tour or as
necessary for maintenance needs . Grand Harbor will provide access to the Site
consistent with its upland development plans ; as an example , but not limited to ,
this may include traversing between two golf holes over a stabilized base .
6 . The County reserves the unrestricted right (except as provided for elsewhere
within this agreement) within the Site to maintain the plant community described
by the FDEP construction permit and , consistent with best management
practices , including the management of the distribution and density of mangroves
on the Site . However , the County agrees that mangroves located on the western
perimeter of the western open water area on the Site as shown on Exhibit C shall
be limited to no more than a density of 15 % so as to preserve the view from the
Property to be developed by Grand Harbor to the ponds located on the Site .
7 , The County shall be the sole applicant and the sole permittee for any and all
permits required for the improvement , construction , operation and management
for the Site unless the County designates certain operational and management
activities to others . The County or its designee , shall be the only entity with the
right to alter the plant community , use chemicals of any type on - site for the
control of plants or animals , and shall be the only entity with the right to stock fish
of any type in the surface waters within the Site .
8 . A boardwalk may be constructed by the County for the purpose of facilitating
access to the interior of the Site by County personnel and their agents for the
purposes of monitoring and maintaining the Site and for educational tours . Such
access shall be limited to pedestrian and wheel chair access only . No bikes ,
skateboards , or skates shall be allowed on the boardwalk . Grand Harbor shall
5
have the right to designate access to boardwalks and nature trails . The County
may not preclude Grand Harbor residents of the property or their guests and
invitees or other Grand Harbor designees access for passive recreation . It is
also anticipated that the County and or its consultants may need to perform
scientific monitoring of the Site or may choose to allow its designees to study
flora , fauna , insects and animals on the Site .
9 . All fishing activities shall be limited to catch and release fishing only . There shall
be no fishing except by Grand Harbor or its designees or by the County for
monitoring purposes . Fishing shall be restricted to the ponds along the west side
of the Site .
10 . No vegetation , facilities or structures of any type can be placed on , or
constructed on or contiguous with or adjacent to the boardwalk , nor can any
facilities or structures be placed or constructed in the Site , except . as necessary
for the operation and management of the Site , without the prior consent of Grand
Harbor , whose consent shall not unreasonably be withheld .
11 . The County retains the right to place structures or equipment within the wetland
areas of the Site or along the boardwalk for the purpose of monitoring the Site or
for research purposes .
12 . The following shall be prohibited on the Site :
( a ) Constructing or placing of signs (other than educational and directional
signs along the boardwalk) , billboards or other advertising , on or above
the ground .
( b ) Dumping or placing of trash , waste , or unsightly or offensive materials .
( c) Activities detrimental to drainage , flood control , water conservation ,
erosion control , soil conservation , or fish and wildlife habitat preservation .
(d ) Acts or uses detrimental to the retention of land or water areas .
13 . Grand Harbor shall be entitled to apply to the Board of County Commissioners
and any state or federal regulatory agency for any density or mitigation credits
that may be available to them pursuant to the land development regulations of
the Code of Indian River County or state and federal regulation as a result of
granting the easements described herein and the restoration and enhancement
activities of the County on the Site . This agreement shall not act as a guarantee
of said credits to Grand Harbor .
14 . Grand Harbor will not review any plans or other matters for compliance with any
law , rule or regulation . Grand Harbor' s review and approval of any plans or other
matters as provided in this Agreement shall not be deemed an assumption of any
liability by Grand Harbor , The County shall be solely responsible for the Project ' s
compliance with all laws , rules and regulations applicable to the Project and for
6
causing the Project and the Site to be constructed and maintained in accordance
therewith and in a safe condition .
15 . This easement shall be perpetual and shall run with the land and be binding upon
Grand Harbor , the County and their heirs , successors and assigns , and remain in
full force and effect , enforceable by the County and Grand Harbor either by
injunction or proceeding in equity or at law , subject to the conditions contained
herein . The easement may be released by the County or Grand Harbor to the
owners of the Property . The easement shall be recorded and indexed in the
same manner as any other instrument affecting the title to real property
16 . Notwithstanding any provision to the contrary herein contained ( i ) Grand Harbor ,
its employees , residents , guests , invitees and designees reserve the right to use
the Site for passive recreational uses not detrimental to the health of the
ecological system ; ( ii ) Grand Harbor shall continue to be responsible to maintain
the Property outside of the Site area and ( iii ) the above-stated easement shall
not preclude the Indian River Mosquito Control District from obtaining access to
the Site for the purpose of mosquito inspection , treatment , and management .
17 . Indemnification . Grand Harbor grants the County and its representatives ,
agents , invitees and guests access to the Site to conduct Site operations ,
maintenance , recreational and educational tours . The County acknowledges that
the County and its representatives , agents , invitees and guests must cross
property owned by Grand Harbor to access the Site . During the term of this
Agreement the County , shall indemnify , hold harmless and defend Grand Harbor
from and against any and all claims and all damages , losses , liabilities and
expenses , including reasonable attorneys ' fees , relating to the use of the
property of Grand Harbor by the County and its representatives , agents , invitees
or guests . The County shall indemnify , hold harmless and defend Grand Harbor
from and against any and all claims and all damages , losses , liabilities and
expenses , including reasonable attorneys ' fees , relating to the Site . The County
shall cause the Site to be added to its excess coverage policy . Any consultant ,
contractor or subcontractor hired to perform work on the Site shall be fully
insured and name Grand Harbor and the County as additional insureds on the
policies . During the term of this Agreement , Grand Harbor shall indemnify , hold
harmless and defend County from and against any and all claims and all
damages , losses , liabilities and expenses , including reasonable attorneys ' fees ,
relating to the use of the Site and property by Grand Harbor and its
representatives , agents , invitees or guests .
7
IN WITNESS WHEEOF , the Grand Harbor has caused these presents to be executed
this I day of 2A'4' , 2005 .
Signed in the presence of:
Grand Harbor North Lan LC
by :
//
Witness as to Grand Harbor Its : V i u
itne s ai to 6rand Harbor Date signed by Grand Harbor
IN RIVER' "CCS
By : '
Name : Thomas S . Lowther
Chairman , Board of County Commissioners
BCC Approved . . : May - 3 , 2005
Attest : JJA ` " C
( Clerk or Deputy Clerk of Court)
( OFFICIAL SEAL )
MAY - 4 2005
Date signed by County
Approv d as to F r lk I Sufficiency Approved :
Xk 4
6ac�:By : i
��� - County Attorney Jos h A . B ird , County Administrator
Date :
8
STATE OF
COUNTY OF We S' Cb3fjjV
AThe foregoing lnstrqnQnt was ck owledoed be re me thi day of
rl , 2005 , by , itsRlevKeSkjOj , who is personally
known to me or who has produced a driver' s icens sued within the last five ears as
identification .
( NOTARY PUBLIC )
SEAL Nota lic
and cz
( Printe , Typed or Stamped Name of
Notary Public)
Commission No . :
My Commission Expires : Z -�
DAGMARA LALEWICZ
Notary Public, State of New York
No . 01 LA6029531
Qualified in Westchester County
Commission Expires August 23, 20
9
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TYPE: BOUNDARY
DATE: l NO.:NO.: 5350 DI Fe. Pc.
PROJECT MISTBLf"y MOLL'R4& R6EQ /NC wr W_am_tviyraT NOT v T AMM AND
BTHE RAISED OF A FlINUDA
DRANK Y: R.R. PROF6S.f/ONAL SURY6YORJ'.WDALIFPBRJ' AND MAPPER.
CHECKED BY: R.R. l..G1D.f'UFYJSY!/YGBUS/N6C{'gt/� S Legend Properties, Inc.
SCALE: AS NOTED
SHEET: 2 aF 2 2205 lIN Avanua WrR BaocN, Flak6 329fq (T)2) 561-8050
N. J818
Exhibit ' E3 '
Sketch of Legal Description
for Restoration, Access & Recreation Easement
at the Brine Property
Indian River County, Florida
Sheet I of 2
DESCRIPTION: Not Valid Without All Sheets
Being apart of Section 14, Township 32 South, Range 39 East, Indian River County, Florida, heing more
fully described as follows:
Commencing at the Northwest corner of said Section 14; thence S88 °5228 "E along the North line of said
Section 14, a distance of 2, 629. 85 feet; thence S00 °10 '30 " W, a distance of'40. 01 fret to a point, said
point being 40 feel south of, as measured perpendicular to, the said north line of Section 14; thence
S88152 '28 "E and parallel with the said North line of Section 14, a distance xj' 268. 01 feel to the POINT
OF BEGINNING; thence S02 °25 '.50 "E, a distance of718. 34 feet; thence S13 °30 '06 "E, a distance of
112. 01 feet; thenc•e .S06 °40 '19 "E, a distance oj' 136. 51 feet; thence .SO4 °42 '10 "E, a distance x/' 144. 75
feet; thence S18 °46 '56 "E, a distance of 81. 41 feet; thence S30°4945 "E, a distance of 122. 56 feet; thence
S35°20 '55 "E, a distance of 125. 41 feet; thence S47°4524 "F, a distance of 171. 85 feet; thence
S42 °39 '.56 "E, a distance of 101. 12 feet; thence 529 °55 '39 "E, a distance of 69. 59 feet; thence
S.33 °29 '32 "E, a distance of 223. 82 feel; thence S29°35 '42 "E, a distance q/ 145. 41/feet; thence
Sl7°59158 "E, a distance of 126. 89 feet; thence S31 °18 '14 "E, a distance of 57. 41 feet; thence
S27111 '02 "E, a distance of 49. 03 feet; thence S18°03 '11 "E, a distance of 147. 38 feet; thence
.525°18 '23 "E, a distance of 38. 79 feet; thence S34°12 '55 "E, a distance of 48. 12 feet; thence
N58°19 '03 "E, a distance of' 67. 76 feet; thence N67°30 '1111 "E, a distance of 116. 4.5 feet; thence
N63 °06 '01 "E, a distance of 76. 23 feet; thence N63 °0441 "E, a distance of' 83. 32 feet; thence
N59 °53 '35 "F, a distance of 361. 12 feet; thence N60126 '06 "E, a distance of' 69. 47 feet; thence
iV59°40 '31 "E, a distance of 94. 69 feet; thence N60°54 '18 "E, a distance of 94. 06 feet; thence
N61 °49 '44 "E, a distance of 448. 38 feet, thence N69131103 "E, a distance of 67. 37 feet; ; thence
Northwesterly along the said westerly mean high water line of• the Indian River, a distance of 1,276. 5 feet
more or less to a point, said point being 40 feet south of, as measured perpendicular to, the said North
line of'Section 14; thence continue N88 °5228 " Wand parallel with the said North line of Section 14, a
distance of 1, 591. 32 feet to the Point of Beginning;
Containing 2, 573, 676. 65 square feet or 59. 08 acres, more or less.
NOTES:
I) THE BEA RING BASIS LS THE NOR 771 LINE' OF SECTION 14 AS DEPICTED ON Tills
SKETCH AND LEGAL DESCRIPTION,
2) THIS SKETCH EX'STS SOLELY FOR THE PURPOSE OF ILL U.STRATING THE LEGAL
DESCIPTION TO WHICH IT I.SATTACHED.
3) ALL DIMENSIONS ARE CALCULATED UNLESSS 0THERWIL F. NOTED.
4) THIS .SKETCH MEETS THE MiNIMUM TECHNICAL STANDARDS AS SET FORTH BY THE
FLORIDA BOARD OF PROFESSIONAL LAND .SURVEYOR.SINCHAPTER 61G17-6, FLORIDA
ADMINI.STATIVE CODE, PURSUANT TO .SECTiON 472. 027, FLORIDA .STATUTES.
LEGEND:
R/W RICHT-OF- WAY NO. NUMBER
R RADIUS N NORTH
L LENGTH S .SOUTH
CH CHORD DISTANCE E EAST
CB CHORD BEARING W WEST
PSM PROFESSIONAL SURVEYOR AND MAPPER A DELTA
LEGALi ( MVIEW)
5710. DWG
SKETCH OF LEGAL DESCRIPTION NOT VALID WITHOUT THE SIGNATURE AND
" This is NOT a Boundary Survey" ORIGINAL RAISED SEAL OF A FLORIDA
PREPARED BY: LICENSED URVEYOR AND MAPP
MASTELLER , MOLER & REED
1655 27TH STREET �-
VERO BEACH , FL. 32960
( 772 ) 564 -8050 e z �Aev4z
LAND SURVEYING BUSINESS #4644 A M . TAYLO , P . S . 243
Exhibit " B "
Sketch of Legal Description
for Restoration, Access & Recreation Easement
at the Brine Property
Indian River County, Florida
Sheet 2 of' 2
Not [valid Without All Sheets
63RD SRiEET ( 50' R/W) LINE TABLE
LINE LENGTH BEARING LINE LENGTH BEARING
Ll 122. 56 S30 -49 '45"E L 14 38. 79 52578 23 E
L2 81. 41 S18#4656 "E L15 147. 38 S78'03 'il "E
L3 144. 75 SO4 '42 '10 'E L16 49. 03 S27@11 '02 "E
L 4 136. 51 506 '40"19 "E L17 57. 41 53178"14 E
L5 112. 01 51330 '06 E L18 126. 89 S17'5958"E
L6 218. 34 50225 "50 "E L19 145. 40 5293542 "E
L7 69. 59 5295539E L20 223. 82 5332932 E
L8 107. 12 5423956 E L21 94. 69 N5944031 "E
L9 171. 85 S47&4524 "E L22 69. 47 N6026 '06 "E
L10 125. 41
535020 '55 "E L23 83. 32 N6304 '41 E
L77 116. 45 N6730 '00 E L24 76. 23 N6306 '0) "E
L12 6776 N58'19 '03"E L25 94. 06 N6054 '18 E
L13 48. 72 S347255E L26 6737 N6931 "03"E
a
ORDER OF TAKING PER O. R.B. 105 PAGE 456
NORTH 40 FEET OF THE WEST HALF OF THE N. E. 11 4 h
10 11 NORTH LINE OF SECTION 14 AND THE NORTH 40 FEET OF GOVERNMENT LOT
N88'52'28" LYING WEST OF THE INDIAN RIVER
1. W 2629. 85
1 T(24
1 rJ RECTION 14
POINT OF COMMENCEMENT N 8 3 N 88 52 28 W 7591. 32
NOR7HNEST CORNER OF S N g POINT OF
SECTION 14-52—S9 0 BEGINNING
Z � N
2
SUBJECT PROPERTY Z
59 . 084 ACRES± Q
7
cL^
GOVERNMENT LOT 1
SECTION 14 - 32 - 39
6� .k9
Ak 1E
WEST 1 /2 OF THE N . E . 1 /4 5 E
14- 32 - 39
GOVERNMENT LOT 2
SECTION 14 - 32 - 39
LEGAL2 ( MVIEW) --
5710 . D WG
SKETCH OF LEGAL DESCRIPTION NOT VALID WITHOUT THE SIGNATURE AND
" This is NOT a Boundary Survey" ORIGINAL RAISED SEAL OF A FLORIDA
PREPARED BY: LICENSED SURVEYOR AND MAPPER .
MASTELLER , MOLER & REED
1655 27TH STREET � ��
VERO BEACH, FL. 32960
( 772 ) 564 - 6050 �-4Ke400-
LAND SURVEYING BUSINESS #4644 DAVI M . TAYLOR , P . S . 5 43
Exhibit ' E3 '
Sketch of Legal Description
for Restoration, Access & Recreation Easement
at the Brine Property
Indian River County, Florida
Sheet I of 2
Not Valid Without All Sheets
DESCRIPTION:
Being a part of Section 14, Township 32 South, Range 39 East, Indian River County, Florida, being more
fully described as follows:
Commencing at the Northwest corner of said Section 14; thence S88°5228 "E along the North line of said
Section 14, a distance of 2, 629. 85 feet; thence S00°10 '30 " W, a distance of 40. 01 feet to a point, said
point being 40 feet south of, as measured perpendicular to, the said north line of Section 14; thence
S88152 '28 "E and parallel with the said North line of Section 14, a distance of 268. 01 feet to the POINT
OF BEGINNING; thence S0225 '50 "E, a distance of 218. 34 feet; thence S13130 '06 "E, a distance of
112. 01 feet; thence S06'40 '19 "E, a distance of 136. 51 feet; thence SO4042110 "E, a distance of 144. 75
feet; thence S1814656 "E, a distance of 81. 41 feet; thence S30°4945 "E, a distance of 122. 56 feet; thence
S35 °20 '55 "E, a distance of 125. 41 feet; thence S47°45 '24 "E, a distance of 171. 85 feet; thence
S42 °39 '56 "E, a distance of 101. 12 feet; thence S29°55 '39 "E, a distance of 69. 59 feet; thence
S33 °29 '32 "E, a distance of 223. 82 feet; thence S29135142 "E, a distance of 145. 40 feet; thence
S17°59 '58 "E, a distance of 116. 89 feet; thence S31 °18 '14 "E, a distance of 57. 41 feet; thence
S27°11 '01 "E, a distance of 49. 03 feet; thence S18°03 '11 "E, a distance of 147. 38 feet; thence
S25 °18 '23 "E, a distance of 38. 79 feet; thence S34°1255 "E, a distance of 48. 12 feet; thence
N58°19 '03 "E, a distance of 67. 76 feet; thence N67030'00 "E, a distance of 116. 45 feet; thence
N63 °06 '01 "E, a distance of 76. 23 feet; thence N63 °0441 "E, a distance of 83. 32 feet; thence
N59°53 '35 "E, a distance of 361. 12 feet; thence N60°26 '06 "E, a distance of 69. 47 feet; thence
N59°40 '31 "E, a distance of 94. 69 feet; thence N60°54 '18 "E, a distance of 94. 06 feet; thence
N61 °49 '44 "E, a distance of 448. 38 feet; thence N69031 '03 "E, a distance of 67. 37 feet; ; thence
Northwesterly along the said westerly mean high water line of the Indian River, a distance of 1,276. 5 feet
more or less to a point, said point being 40 feet south of, as measured perpendicular to, the said Nord:
line of Section 14; thence continue N88152128 " W and parallel with the said North line of Section 14, a
distance of 1,591. 32 feet to the Point of Beginning;
Containing 2,573,676. 65 square feet or 59. 08 acres, more or less.
NOTES:
1) THE BEARING BASIS IS THE NORTH LINE OF SECTION 14 AS DEPICTED ON THIS
SKETCH AND LEGAL DESCRIPTION.
2) THIS SKETCH EXISTS SOLELY FOR THE PURPOSE OF ILLUSTRATING THE LEGAL
DESCIPTION TO WHICH IT IS ATTACHED.
3) ALL DIMENSIONS ARE CALCULATED UNLESSS OTHERWISE NOTED.
4) THIS SKETCH MEETS THE MINIMUM TECHNICAL STANDARDS ASSET FORTH BY THE
FLORIDA BOARD OF PROFESSIONAL LAND SURVEYORS IN CHAPTER 61 G17-6, FLORIDA
ADMINISTATIVE CODE, PURSUANT TO SECTION 472. 027, FLORIDA STATUTES.
LEGEND:
RIW RIGHT-OF- WAY NO, NUMBER
R RADIUS N NORTH
L LENGTH S SOUTH
CH CHORD DISTANCE E EAST
CB CHORD BEARING W WEST
PSM PROFESSIONAL SURVEYOR AND MAPPER A DELTA
LEGALI ( MVIEW)
5710. D WG
SKETCH OF LEGAL DESCRIPTION NOT VALID WITHOUT THE SIGNATURE AND
" This is NOT a Boundary Survey" ORIGINAL RAISED SEAL OF A FLORIDA
PREPARED BY: LICENSED URVEYOR AND MAPPFR
MAS2T7E�LSTERR�T MOLER & REED
VERO BEACH, FL. 32960
(772 ) 564- 6050
LAND SURVEYING BUSINESS #4644 A M . TAYLO P . S . 243
Exhibit ' 1 B "
Sketch of Legal Description
for Restoration, Access & Recreation Easement
at the Brine Property
Indian River County, Florida
Sheet 2 of 2
Not Valid Without All Sheets
BIRD STREET ( 6P R/W) LINE TABLE
LINE LENGTH BEARING LINE LENGTH BEARING
Ll 122. 56 S3049 '45 E L14 38. 79 52578 23"E
L2 81. 41 5184656 E L15 147. 38 S18'0311 E
L3 144. 75 SO4 -42 '10 -E L16 49. 03 S27-11 '02 "E
L4 136. 51 50640019 E L17 57. 41 S3178 '14 E
L5 112. 01 S73'30106 E L18 126. 89 S17'595rE-
L6 218. 34 5022550E L19 145. 40 S2935042 E
L7 69. 59 S2955'39 E L20 223. 82 S3329132 E
L8 101. 12 S4239056 E L21 94. 69 N59 '40 '31 "E
L9 171. 85 S47#4524 "E L22 69. 47 N6026 '060E
L10 125. 41 5352055E L23 8332 N63'04 '41 E
L11 116. 45 N6730 '00 E L24 76. 23 N63`06 '01 "E
L12 67. 76 N5879 '03 E L25 94. 06 N6054 '18 E
L13 48. 12 S347255E L26 67. 37 N69 '31 ' "E
w
ORDER OF TAKING PER O.R.B. 105 PAGE 456
NORTH 40 FEET OF THE WEST HALF OF THE N.E. 1 /4
10 li NORTH LINE OF SECTION 14 AND THE NORTH 40 FEET OF GOVERNMENT LOT 1
N88'52'28"W 2629.85 LYING WEST OF THE INDIAN RIVER
is
-3
1 -
CTION 14
POINT OF CIDWMINC WENT ; S PONT OF N 8B 5228 W 1591. 32
NORTHIKST COIRN£R OF a N o
SEC710N 14-32-39 0 � BEGINNING
Z oN
2
SUBJECT PROPERTY ZQ
59 . 084 ACRES± v
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SECTION 14- 32- 39
gq'tE
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WEST 1 /2 OF THE N . E. 1 /4 -�SlE
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SECTION 14- 32- 39
LEGAL2 (MVIEW)
5710. DWG
SKETCH OF LEGAL DESCRIPTION NOT VALID WITHOUT THE SIGNATURE AND
" This is NOT a Boundary Survey" ORIGINAL RAISED SEAL OF A FLORIDA
PREPARED BY: LICENSED SURVEYOR AND MAPPER .
MAST ELS RRE,T MOLER & REED _
VERO BEACH, FL. 32960
(772) 564-8050
LAND SURVEYING BUSINESS #4644 DAV'IrYM . TAYLOR , P . S . . 5 43
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