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Home My WebLink About2002 - Chump Inc. Occupation Agreement Easement1►4.o0 �ID This instrument prepared by: Rene' G. VanDeVoorde DOCUMENTARY STAMPS Attorney at Law DEED S `1 IN THE RECORpS OF W 1327 North Central Ave. NOTES CIS JEFFREY K. BARTON Sebastian, FL 32958 �ERREY L BARTON. CLERK CLERK CIRCUIT counr INDI INDIAN RIVER COUNTY RN RIVER CO., FIA. r OCCUPATION EASEMENT AGREEMENT AGREEMENT made this 8 day of�' 2002, between the CITY OF SEBASTIAN, a Florida Municipal corporation, hereinafter "city", and CHUMP, INC., a Florida Corporation, hereinafter "property owner". 0 N WHEREAS, the parties agree that the property owner and it's predecessors in title �— have occupied this property for a long period of time and that said building owned by the property owner encroaches on property owned by the City of Sebastian and that said CD encroachment was only recently discovered by the property owner and that said encroachment C" is "de minimis" and it is unreasonable to require the property owner to remove this encroachment and that partial removal of the structure would be unreasonable or impractical and that no real public purpose would be accomplished by requiring said removal and the City of Sebastian has no current need for this property which is encroached upon, and does not anticipate a future need for this property and the current property owner did not knowingly cause this encroachment to occur by his own act. 1T IS THEREUPON AGREED THAT pursuant to it's powers granted under the -- cn Constitution and Laws of the State of Florida and the City's Code of Ordinances: 1. The City shall and does hereby grant the property owner an occupation ..J easement for that property described in Attachment "A" and Attachment "B". 0 2. This occupation agreement shall be limited to the time that the structure remains standing. ANCHOR PLAZA P O BOX 782003 S EBAS I iAN FL 329/82083 3. That should the portion of the building that is encroaching, at some future date, no longer be standing or occupying the property described in Attachment "B" or be destroyed or removed by acts of the owner, or nature, or acts of God, then this easement shall be released and terminated by written notice from the city, effective 30 days after delivery of notice to property owner, and the structure shall not be rebuilt on the City's property. 4. The property owner is authorized to repair and maintain it's structure on this easement provided it does not expand it's use or occupation of this easement. 5. This agreement is a covenant running with the land and the benefits and obligations transferable to any subsequent owner of the property, currently, CHUMPS, INC. 6. The parties may at any time, by written agreement, mutually agree to terminate .this agreement. CITY OF SEBASTIAN, a Municipal tCorporatio existing un the laws A T: to of Florida, 'Clerk (SEAL) Witness: CD CA A7 s to Form and Content: O Rich Stringer, City Aborney Witness Witness STATE OF FLORIDA COUNTY OF INDIAN RIVER CHUMPS, INC., a Florida Corporation r&,,J. A IA- Z - By: Charles W. Humphre I HEREBY CERTIFY that on this day before me an officer in the State aforesaid and in the County aforesaid to take acknowledgements, personally appeared fAv e -C' U." -- and and Srj( .. o for the City of Sebastian, to me known to be the persons described inJand who executed the foregoing instrument and they acknowledged before me that they e�cs executed the same, lesiev11- �-f is personally known to me or who produced as identification and who did/did ot take an oath. o is personally known to me or who produced Ayas identifi tion and who did/did not take an oath. WITNESS my hand and official seal in the County and State last aforesaid this �Z4 h day of To n Z 12002. tary Public State of Florida My commission expires: STATE OF FLORIDA COUNTY OF INDIAN RIVER I HEREBY CERTIFY that on this day before me an officer in the State aforesaid and in the County aforesaid to take acknowledgements, personally appeared CHARLES W. HUMPHREY to me known to be the person described in and who executed the foregoing instrument and he acknowledged before me that he executed the same. CHARLES W. HUMPHREY is personally known to me or who produced as identification and who did/did not take an oath. W ' NESS my hand and official seal in the County and State last aforesaid this -2Y day of -x.i 2002. :'::i: " • Constonce Jean Redmond Notary Public State of Florida M,,y 2� 2003 My commission expires: ATTACHMENT "A" LEGAL DESCRIPTION OF BLOCK WALL AND BUILDING ENCROACHMENT: BEING A PART OF THAT CERTAIN TRACT OF LAND SITUATED IN INDIAN RIVER COUNTY, FLORIDA, IN TOWNSHIPS 30 AND 31 SOUTH, RANGES 37, 38 AND 39, KNOWN AND DESCRIBED AS A PORTION OF SECTION 30 OF FLEMING GRANT, AND BEING A PARCEL OF LAND ON A CERTAIN MAP OF WAUREGAN OF FLEMING GRANT, MADE BY S. D. CARTER AND FILED IN THE PUBLIC RECORDS OF BREVARD COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE INTERSECTION OF THE EAST RIGHT-OF-WAY LINE OF U.S. HIGHWAY /1 AND THE SOUTH RIGHT-OF-WAY UNE OF 91H STREET, RUN S20 -00.00"E ALONG SAID EAST RIGHT-OF-WAY LINE OF U.S. HIGHWAY #1 A DISTANCE OF 1185.55 FEET TO THE NORTHWEST CORNER OF LANDS DESCRIBED IN O.R.B. 611, PAGE 3004 OF THE PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA; THENCE N82'16'35"E, 72.60 FEET ALONG THE NORTH LINE OF SAID LANDS RECORDED IN O.R.B. 611, PAGE 3004 .PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA, TO THE WEST RIGHT-OF-WAY LINE OF NORTH CENTRAL AVENUE: THENCE S10'06'00"E, 0.43 FEET ALONG SAID WEST RIGHT-OF-WAY OF NORTH CENTRAL AVENUE TO THE INTERSECTION OF SAID UNE AND A CONCRETE BLOCK WALL ALSO BEING THE POINT OF BEGINNING; THENCE N81'07'23'E, 0.36 FEET TO THE CORNER OF SAID BLOCK WALL; THENCE S08'52'37"E ALONG SAID BLOCK WALL 11.31 FEET TO THE INTERSECTION OF SAID BLOCK WALL AND CONCRETE BLOCK BUILDING: THENCE S10'06'39"E. 90.00 FEET ALONG THE EAST WALL OF SAID CONCRETE BLOCK BUILDING TO THE INTERSECTION OF A CONCRETE 13LOCK WALL; THENCE N85'27'14"E ALONG SAID WALL 0.10 FEET: THENCE S10'02'45"E, 57.52 FEET ALONG SAID CONCRETE BLOCK WALL; THENCE S79 -57'15"W, 0.18 FEET TO ME INTERSECTION OF SAID CONCRETE BLOCK WALL AND THE WEST RIGHT-OF-WAY LINE OF NORTH CENTRAL AVENUE; THENCE N10'06'00'W. 158.84 FEET ALONG SAID WEST RIGHT-OF-WAY LINE BACK TO THE POINT OF BEGINNING. u CJl C:) CD a M ATTACHMENT "B" LEGAL DESCRIPTION: COMMENCING AT THE INTERSECTION OF THE EAST RIGHT-OF-WAY UNE OF NEW U.S. HIGHWAY /1 AND THE SOUTH RIGHT-OF-WAY UNE OF 9TH STREET, RUN S20 -00-00-E ALONG THE EAST RIGHT-OF-WAY UNE OF SAID NEW U.S. HIGHWAY #1 1185.55 FEET TO THE NORTHWEST CORNER OF LANDS DESCRIBED IN OFFICIAL RECORDS BOOK 611, PAGE 3004 OF THE PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA; THENCE S82'16'35"W, 72.60 FEET ALONG THE NORTH UNE OF SAID LANDS TO THE WEST RIGHT-OF-WAY OF NORTH CENTRAL AVENUE; THENCE S10'06'00'E, 0.43 FEET ALONG THE SAID WEST RIGHT-OF-WAY OF NORTH CENTRAL AVENUE TO THE INTERSECTION OF SAID LINE AND A CONCRETE BLOCK WALL TO THE POINT OF BEGINNING; THENCE N81'07'23"E, 0.36 FEET TO THE CORNER OF SAID BLOCK WALL;''f1HENCE S08'52'37'E ALONG SAID BLOCK WALL 11.31 FEET TO THE INTERSECTION OF SAID BLOCK WALL AND CONCRETE BLOCK BUILDING; THENCE S10'06'39"E, 4.00 FEET ALONG THE EAST WALL OF SAID CONCRETE BLOCK BUILDING TO THE INTERSECTION OF SAID BUILDING AND THE STRUCTURE HOLDING THE ELECTRICAL EQUIPMENT; THENCE N79'53'21"E ALONG SAID STRUCTURE 1.00 FEET; THENCE SIO*06'39'E ALONG SAID STRUCTURE 5.00 FEET; THENCE S79'53'21"W, 1.00 FEET BACK TO THE WEST FACE OF SAID CONCRETE BLOCK BUILDING; THENCE S10'06'39"E ALONG THE EAST FACE OF SAID CONCRETE BUILDING 81.00 FEET TO THE INTERSECTION OF A CONCRETE BLOCK WALL; THENCE N85'27'14"E ALONG SAID WALL 0.10 FEET; THENCE S10'02'45"E, 57.52 FEET ALONG SAID CONCRETE BLOCK WALL; THENCE S79'57'15"W, 0.18 FEET TO THE INTERSECTION OF SAID CONCRETE BLOCK WALL AND THE WEST RIGHT -OF --WAY LINE OF NORTH CENTRAL AVENUE; THENCE N10'06'00"W, 158.84 FEET ALONG SAID WEST RIGHT-OF-WAY LINE BACK TO THE POINT OF BEGINNING. c�+ Z-