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Instrument was prepared under the
Supervision of Marian E. Fell,
Assistant County Attorney
COUNTY ATTORNEY'S OFFICE n S
RELEASE OF EASEMENT
WHEREAS , INDIAN RIVER COUNTY, a political subdivision of the State of
Florida , whose address is 1840 25th Street , Vero Beach , FL 32960 ( " County" ) was
granted Marginal Access Easements immediately adjacent to U . S . Highway One in
Sebastian , Indian River County, Florida , which were recorded in the public records of
Indian River County , Florida , in Official Records Book 761 , Page 1873 , and Book 954 ,
Page 1486 ; and
WHEREAS , HOME DEPOT U .S .A. , INC . , a Delaware corporation , whose
address is 1586 Frederick Boulevard , Akron , OH 44320 (" Home Depot" ) has purchased
the former " KMART" property on U . S . Highway One in Sebastian in Indian River
County , Florida , and is planning to develop it as a new Home Depot store ; and
WHEREAS , portions of the existing Marginal Access Easements run along the
side of the existing building and would encroach into the Home Depot' s proposed
parking area and thereby restrict future expansion ; and
WHEREAS , Home Depot has requested that the County release portions of the
existing Marginal Access Easements , more specifically described on Exhibit "A"
attached hereto and incorporated herein by this reference ,
WHEREAS , County staff has determined that the release of the requested
portions of the Marginal Access Easements described on Exhibit "A" would not
adversely affect the County; and
NOW, THEREFORE , THIS RELEASE OF EASEMENT executed by County
releases and abandons any and all right , title , and interest that County may have in the
property described on Exhibit "A . "
IN WITNESS WHEREOF , County has caused this Release of Easement to be
executed in its name this 6th day of awj „ , 2004 .
Attest -J . K . Barton , C INDIAN RIVER COUNTY, FLORIDA
Y `� , -�" By eilixi�( J
Deputy Clerk Caroline D . Ginn , OKairman
Board of County Commissioners
Ap r e s to fo I gal su ici y:
B .m.�
Y
Kan
Assistant County Attorney
F:\Attorney\Lea\Docs\deed\release pt marg access easement home depot.doc
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SKETCH AND LEGAL DESCRIPTION
BY
PULICE LAND SURVEYORS , INC .
5381 NOB HILL ROAD
SUNRISE, FLORIDA 33351
TELEPHONE : ( 954 ) 572 - 1777 FAX : ( 954) 572 - 1778
E — MAIL: surveys®pulicelandsurveyors . com CERTIFICATE OF AUTHORIZATION #LB3870
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RADIUS = 11459 . 201
V 0 = 02' 10 ' 23 ° _
Q ARC = 434 . 60 '
" DEMISED PREMISES "
(� Z. O. R . B . 0954, PAGE 1547
O . R . B . 1358 , PAGE 1430 I
j MARGINAL ACCESS EASEMENT
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CONSERVATION EASEMENT AREA 2
O. R . B . 0954 , PAGE 1491 )
— LINE- OF LAND OF HELEN WESTERLY LINE RIVERWALK
HANSON PROPERTIES, INC . SHOPPING CENTER EXPANSIONRADIUS = 66 . 50 ' Luftco � '-
12 ' 54 " Lr) oo io 0
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EXHIBIT to
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FILE: THE HOME DEPOT U.S.A., INC. SHEET ONE OF TWO SHEETS
SCALE: 1" -150'
ORDER NO.* 45610A
DATE: 04/ 26/04 REV. 06 / 29/04
13355 U.S. #1
SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA John F. Pulice, Reg . Land Surveyor #2691
Beth Burns , Reg . Land Surveyor #6136
FOR: HOME DEPOT State of Florida
*' SKETCH AND LEGAL DESCRIPTION
BY
PULICE LAND SURVEYORS , INC .
p� 5381 NOB HILL ROAD P�
SUNRISE, FLORIDA 33351
TELEPHONE : ( 954 ) 572 - 1777 a FAX : ( 954) 572 - 1778
E — MAIL: surveys ®pulicelandsurveyors . com CERTIFICATE OF AUTHORIZATION #LB3870
LEGAL DESCRIPTION : MARGINAL ACCESS EASEMENT TO BE CLOSED
A PORTION OF THE MARGINAL ACCESS EASEMENT IN OFFICIAL RECORDS BOOK 0954 , PAGE
1486 , BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS :
COMMENCE AT THE SOUTHEAST CORNER OF TRACT " E " , " RIVERWALK II SUBDIVISION "
ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 12 , PAGE 36 , OF THE
PUBLIC RECORDS OF INDIAN RIVER COUNTY , FLORIDA , SAID POINT BEING ON THE
WESTERLY RIGHT— OF — WAY LINE OF U . S . HIGHWAY NO . 1 , SAID POINT ALSO BEING ON THE
ARC OF A CIRCULAR CURVE , CONCAVE EAST , THE RADIUS POINT OF WHICH BEARS NORTH
62' 17 ' 1 1 " EAST ; THENCE SOUTHERLY ON SAID WESTERLY RIGHT — OF — WAY LINE AND ON
THE ARC OF SAID CURVE , WITH A RADIUS OF 1 1 , 459 . 20 FEET AND A CENTRAL ANGLE OF
02' 10 ' 23 " AN ARC DISTANCE OF 434 . 60 FEET ; THENCE SOUTH 45' 45 ' 14 pp WEST 295 . 43
FEET ; THENCE NORTH 44' 14 ' 47 " WEST 16 . 54 FEET TO THE POINT OF BEGINNING ; THENCE
SOUTH 45044 ' 55 " WEST 345 . 42 FEET ; THENCE NORTH 44' 14 ' 46 " WEST 27 . 01 FEET ;
THENCE NORTH 45044 ' 05 " EAST 52 . 88 FEET TO A - POINT ON THE ARC OF A CIRCULAR
CURVE , CONCAVE NORTHEAST , THE RADIUS POINT OF WHICH BEARS NORTH 09618P50 it
EAST ; THENCE NORTHWESTERLY ON THE ARC OF SAID CURVE , WITH A RADIUS OF 66 . 50
FEET AND A CENTRAL ANGLE OF 16' 12 ' 54 " AN ARC DISTANCE OF 18 . 82 FEET ; THENCE
NORTH 45' 44 ' 56 " EAST 270 . 63 FEET; THENCE NORTH 44' 14 ' 46 " WEST 57 . 23 FEET ;
THENCE NORTH 45045 ' 05 " EAST 296 . 97 FEET; THENCE SOUTH 09 ' 25 ' 16 " EAST 42 . 25 FEET ;
THENCE SOUTH 29 ' 17 ' 18 " EAST 23 . 34 FEET ; THENCE SOUTH 45' 45 ' 05 " WEST 236 . 02 FEET ;
THENCE SOUTH 44' 14 ' 47 " EAST 43 . 52 FEET TO THE POINT OF BEGINNING .
CONTAINING 309210 SQUARE FEET , 0 . 6935 ACRES ,
NOTES :
1 ) BEARINGS ARE BASED ON THE SOUTH LINE OF TRACT " E " BEING N63008 ' 42 " E .
2 ) A DENOTES : CENTRAL ANGLE .
3 ) THIS IS NOT A SKETCH OF SURVEY AND DOES NOT REPRESENT A FIELD SURVEY .
4 ) THIS SKETCH IS NOT VALID WITHOUT THE SIGNATURE AND ORIGINAL RAISED SEAL OF
A FLORIDA LICENSED SURVEYOR AND MAPPER ,
EXHIB ITIl; � t
FILE: THE HOME DEPOT U.S.A ., INC. SHEET TWO OF TWO SHEETS
SCALE: N/A
ORDER NO: 45610A
DATE: 04/ 26/04 REV. 06/29/04
13355 U.S. *1
SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA John F. Pulice, Reg . Land Surveyor #2691
Beth Burns, Reg . Land Surveyor #6136
FOR= HOME DEPOT State of Florida