HomeMy WebLinkAbout1997 03 19 - Right of Way DeedThis Instrument Prepared By:
Terry B,Fein , Esq.,
Shutts & BaWen
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201 South Biscayne Blvd.
T1 0 Suite 1500
Miami, FL 33131
Folio No. 11 to I ! 4 os
;987825
RIGHT-OF-WAY DEED
9:7 MAR 21 AN D 4`i
IN THE RECORDS OF
JEFFREY K. BAR -70141
CLERK CIRCUIT COURT
INDIAN RiYER CO., FLA.
00CUMEtare: STAMPS
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INDIAN RIVER WUNTV
THIS INDEIULIRE, made this 14' day of March, 1997 by and
between GRACE'S LANDING, LTD., a Florida limited partnership,
whose mailing address is P.O. Box 2197, Anna Maria, Florida 34216
("Grantor"), and THE CITY OF SEBASTIAN, a body corporate and a
political subdivision of the State of Florida, and its successors
in interest, whose mailing address is 1225 Main Street, Sebastian,
Florida 32958 ("Grantee").
W I T N E S S E T H•
That Grantor for and in consideration of the sum of Ten and
No/100 Dollars ($10.00) to it in hand paid by Grantee, the receipt
and sufficiency of which are hereby acknowledged, does hereby
grant, bargain and sell to Grantee and its successors in interest,
for the purpose of a public highway and purposes incidental
thereto,all the right, title, interest, claim or demand of Grantor
in and to the following described land, situate, lying and being
in the County of Indian River, State of Florida:
See Exhibits "A" and "B" attached hereto
and made a part hereof.
It is the intention of Grantor, by this instrument, to convey
to Grantee and its successors in interest, the land above
described for use as a public highway or highways and for all
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purposes incidental thereto.
It is expressly provided that if and when the public highway
or highways described above shall be lawfully and permanently
discontinued, the title to the land described in Exhibit "A"
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and/or Exhibit "B" (as applicable) shall immediately revert to
Grantor, its successors and assigns, and Grantor shall have the
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right to immediately repossess the same.
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Grantor will defend the title to said land, subject to all
matters of record, without the intention of reimposing same,
NOTE TO RECORDER: The conveyance pursuant to this instnunent is a conveyance
of unencumbered realty for no consideration. Accordingly, pursuant to Rule
12B-4.014(2), F.A.C., this instrument is not subject to documentary stanp tax.
against the lawful claims of all persons claiming by, through or
under Grantor.
IN WITNESS WHEREOF, Grantor has duly executed this deed on
the day and year first above written.
Signed sealed and GRACE'S LANDING, LTD., a Florida
delivered in the presence limited partnership
of:
(/signname of witness
(printed name of witness
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(signed n f witness
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rt,., j, i� ��y. �.
(printed name of witness
two)
STATE OF FLORIDA )
)SS:
COUNTY OF INDIAN RIVER )
By: SEBASTIAN HOUSING DEVELOPMENT
CORPORATION, a Florida
corpo tion
By:
BethaA. CarAffenter
President
The foregoing instrument was acknowledged before me this %9
day of March, 1997, by Bethany A. Carpenter, as President of
SEBASTIAN HOUSING DEVELOPMENT CORPORATION, a Florida corporation,
the General Partner of GRACE'S LANDING, LTD., a Florida limited
partnership, on behalf of the partnership. She is personally
known to me or has produced a Florida Driver's License as
identification.
C\o1S•Q(o`—`���0 i� `�
My Commission Expires:
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Notary Pub State of Florida C=)
M1� KENNETHJJACKSON
��A My Connie ion CC34S801
* * Expires Feb, 01, 1988
Bonded by HAI
,4feF 800-422.1888
LEGAL DESCRIPTION
(10 FOOT ROADWAY WIDENING PALMETTO AVENUE)
THE NORTHERLY 10 FEET OF THE FOLLOWING DESCRIBED LANDS:
THAT PART OF GOVERNMENT LOT 4, TOWNSHIP 31 SOUTH, RANGE 39 EAST DESCRIBED AS
FOLLOWS:
STARTING AT THE SOUTHWEST CORNER OF GOVERNMENT LO'C 4, PROCEEDING IN A
NORTHERLY DIRECTION 321 FEET TO A POINT ON THE WESTERLY BOUNDARY OF GOVERNMENT
LOT 4; THENCE EASTERLY A DISTANCE OF 160 FEET TO A POINT 321 FEET FROM THE
SOUTHERLY BOUNDARY OF GOVERNMENT LOT 4; THENCE NORTHERLY A DISTANCE OF 321
FEET TO A POINT ON A UNE PARALLEL WITH THE SOUTHERLY BOUNDARY OF GOVERNMENT
LOT 4,842 FEET FROM SAID SOUTHERLY BOUNDARY OF GOVERNMENT LOT 4; THENCE
EASTERLY ON A LINE PARALLEL WITH THE SOUTHERLY BOUNDARY OF GOVERNMENT LOT 4 A
DISTANCE OF 00 FEET; THENCE SOUTHERLY ON UNE PARALLEL WITH THE WESTERLY
BOUNDARY OF GOVERNMENT LOT 4 A DISTANCE OF 175 FEET; THENCE EASTERLY ON A LINE
PARALLEL WITH THE SOUTHERLY BOUNDARY OF GOVERNMENT LOT 4 A DISTANCE OF 150
FEET; THENCE NORTHERLY ON A UNE PARALLEL WITH THE WESTERLY BOUNDARY OF
GOVERNMENT LOT 4 A DISTANCE OF 176 FEET TO A POINT ON A UNE PARALLEL WITH THE
SOUTHERLY BOUNDARY OF GOVERNMENT LOT 4; THENCE EASTERLY ON A UNE PARALLEL
WITH THE SOUTHERLY BOUNDARY OF GOVERNMENT LOT 4A DISTANCE OF 434.67 FEET;
THENCE NORTHERLY ON A UNE 158 DEGREES 50 MINUTES A DISTANCE OF 110.88 FEET, THIS
LATTER POINT BEING THE WESTERLY BOUNDARY OF LOUISIANA AVENUE, IN TME CITY OF
SEBASTIAN. FLORIDA: THENCE SOUTHEASTERLY ON A UNE DESCRIRFO AR TINF WFSTERLY
BOUNDARY OF LOUISIANA AVENUE, SAID LINE 80 DEGREES 17 MINUTES FROM THE IMMEDIATELY
PRECEDING OF BOUNDARY, A DISTANCE OF 512.40 FEET ON THE ESTERLY
BOUNDARY OF LOUISIANA AVENUE; THENCE WESTERLY ON A UNE 88 DEGREES 33 MINUTES
FROM THE PREVIOUS IMMEDIATELY DESCRIBED BOUNDARY, SAID LINE BEING PARALLEL WITH
THE SOUTHERLY BOUNDARY OF GOVERNMENT LOT 4, A DISTANCE OF 873.89 FEET TO A POINT
ON A LINE PARALLEL WITH THE WESTERLY BOUNDARY OF GOVERNMENT LOT 4; THENCE
SOUTH A DISTANCE OF 210 FEET TO THE SOUTHERLY BOUNDARY OF GOVERNMENT LOT 4;
THENCE WESTERLY ON THE SOUTHERLY BOUNDARY OF GOVERNMENT LOT 4 A DISTANCE OF
250 FEET TO THE POINT OF BEGINNING; ALL PROPERTY BEING AND LYING IN INDIAN RIVER
COUNTY. FLORIDA.
LESS: BEGIN 677.8 FEET SOUTH AND 160 FEEL' EAST OF THE NW CORNER OF GOVERNMENT LOT
4. RUN EAST 90 FEET. SOUTH 328 FEET, WEST 00 FEET, NORTH 328 FEET TO POINT OF
BEGINNING (EXCEPT THE NORTH 20 FEET FOR ROAD);
ALSO BEGIN AT THE SW CORNER OF GOVERNMENT LOT 4, RUN EAST 250 FEET; THENCE NORTH
321 FEET TO LANG) DEEDED TO S.B. HALL; THENCE WEST 278 FEET; THENCE SOUTH 321 FEET
THENCE EAST 28 FEET TO POINT OF BEGINNING;
SAID LAND BEING PART OF GOVERNMENT LOTS 3 AND 4, SECTION 6, TOWNSHIP 31 SOUTH,
RANGE 30 EAST, SITUATE IN THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA.
SAID 10 FOOT ROADWAY WIDENING PARCEL MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGIN AT THE INTERSECTION OF THE SOUTHERLY LINE OF PALMETTO AVENUE WITH THE
WESTERLY LINE OF LOUISIANA AVENUE, AND EXTENDING THENCE:
1.) SOUTH 00°42'27' WEST ALONG THE SOUTHERLY UNE OF PALMETTO AVENUE, A DISTANCE
OF 110.81 FEET TO A POINT, THENCE
2.) SOUTH 80 ' 44' 37' WEST, STILL ALONG THE SOUTHERLY UNE OF PALMETTO AVENUE, A
DISTANCE OF 434.67 FEET TO A POINT, THENCE
3.) SOUTH 00' IT 39' WEST, A DISTANCE OF 10.00 FEET TO A POINT, THENCE
4.) NORTH B9° 44' 37' EAST, PARALLEL WITH THE SOUTHERLY LINE OF SAID PALMETTO AVENUE
A DISTANCE OF 436.78 FEET TO A POINT, THENCE
5.) NORTH 88 42'27- EAST, A DISTANCE OF 112.57 FEET TO A POINT IN THE WESTERLY LINE OF
LOUISIANA AVENUE, THENCE
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0) NORTH 21^40'27' WEST ALONG THE WESTERLY LINE OF LOUISIANA AVENUE, A DISTANCE
OF 10.00 FEET TO THE POINT OF BEGINNING.
"D
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Exhibit "A"
LEGAL DESCRIPTION
(15 FOOT ROADWAY WIDENING LOUISIANA AVENUE)
THE EASTERLY 15 FEET OF THE FOLLOWING DESCRIBED LANDS:
THAT PART OF GOVERNMENT LOT 4, TOWNSHIP 31 SOUTH, RANGE 39 EAST DESCRIBED AS
FOLLOWS:
STARTING AT THE SOUTHWEST CORNER OF GOVERNMENT LOT 4, PROCEEDING IN A
NORTHERLY DIRECTION 321 FEET TO A POINT ON THE WESTERLY BOUNDARY OF GOVERNMENT
LOT 4; THENCE EASTERLY A DISTANCE OF 18D FEET TO A POINT 321 FEET FROM THE
SOUTHERLY BOUNDARY OF GOVERNMENT LOT 4; THENCE NORTHERLY A DISTANCE OF 321
FEET TO A POINT ON A LINE PARALLEL WITH THE SOUTHERLY BOUNDARY OF GOVERNMENT
LOT 4,542 FEET FROM SAID SOUTHERLY BOUNDARY OF GOVERNMENT LOT 4; THENCE
EASTERLY ON A LINE PARALLEL WITH THE SOUTHERLY BOUNDARY OF GOVERNMENT LOT 4 A
DISTANCE OF 90 FEET, THENCE SOUTHERLY ON A LINE PARALLEL WITH THE WESTERLY
BOUNDARY OF GOVERNMENT LOT 4 A DISTANCE OF 175 FEET; THENCE EASTERLY ON A UNE
PARALLEL WITH THE SOUTHERLY BOUNDARY OF GOVERNMENT LOT 4 A DISTANCE OF 150
FEET; THENCE NORTHERLY ON A LINE PARALLEL WITH THE WESTERLY BOUNDARY OF
GOVERNMENT LOT 4 A DISTANCE OF 175 FEET TO A POINT ON A UNE PARALLEL WITH THE
SOUTHERLY BOUNDARY OF GOVERNMENT LOT 4; THENCE EASTERLY ON A LINE PARALLEL
WITH THE SOUTHERLY BOUNDARY OF GOVERNMENT LOT 4 A DISTANCE OF 434.67 FEET;
THENCE NORTHERLY ON A UNE 156 DEGREES 50 MINUTES A DISTANCE OF 110.88 FEET, THIS
LATTER POINT BEING THE WESTERLY BOUNDARY OF LOUISIANA AVENUE, IN THE CITY OF
SEBASTIAN, FLORIDA: THENCE SOUTHEASTERLY ON A LINE DESCRIBED AS THE WESTERLY
BOUNDARY OF LOUISIANA AVENUE, SAID UNE 80 DEGREES 17 MINUTES FROM THE IMMEDIATELY
PRECEDING DESCRIBED BOUNDARY, A DISTANCE OF 512.40 FEET ON THE WESTERLY
BOUNDARY OF LOUISIANA AVENUE; THENCE WESTERLY ON A LINE 68 DEGREES 33 MINUTES
FROM THE PREVIOUS IMMEDIATELY DESCRIBED BOUNDARY, SAID UNE BEING PARALLEL WITH
THE SOUTHERLY BOUNDARY OF GOVERNMENT LOT 4, A DISTANCE OF 873.99 FEET TO A POINT
ON A LINE PARALLEL WITH THE WESTERLY BOUNDARY OF GOVERNMENT LOT 4; THENCE
SOUTH A DISTANCE OF 210 FEET TO THE SOUTHERLY BOUNDARY OF GOVERNMENT LOT 4;
THENCE WESTERLY ON THE SOUTHERLY BOUNDARY OF GOVERNMENT LOT 4 A DISTANCE OF
250 FEET TO THE POINT OF BEGINNING; ALL PROPERTY BEING AND LYING IN INDIAN RIVER
COUNTY. FLORIDA.
LESS: BEGIN 877.8 FEET SOUTH AND 180 FEET EAST OF THE NW CORNER OF GOVERNMENT LOT
4, RUN EAST 90 FEET, SOUTH 328 FEET, WEST 90 FEET, NORTH 328 FEET TO POINT OF
BEGINNING (EXCEPT THE NORTH 20 FEET FOR ROAD);
ALSO BEGIN ATTHE SW CORNER OF GOVERNMENT LOT 4, RUN EAST 250 FEET: THENCE NORTH
321 FEET TO LAND DEEDED TO S.B. HALL; THENCE WEST 278 FEET: THENCE SOUTH 321 FEET
THENCE EAST 28 FEET TO POINT OF BEGINNING;
SAID LAND BEING PART OF GOVERNMENT LOTS 3 AND 4, SECTION 6, TOWNSHIP 31 SOUTH,
RANGE 39 EAST, SITUATE IN THE CRY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA
SAID 15 FOOT ROAD WIDENING PARCEL MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGIN AT THE INTERSECTION OF THE SOUTHERLY LINE OF PALMETTO AVENUE WITH THE
WESTERLY LINE 01: LOUISIANA AVENUE, AND EXTENDING THENCE:
1.) SOUTH 21- 40' 27' EAST, ALONG THE WESTERLY UNEOF LOUISIANA AVENUE, A DISTANCE
OF 510.02 FEET TO A POINT, THENCE
2.) SOUTH 89" 46 11- WEST, ADISTANCE OF 16.12 FEET TO A POINT, THENCE
3.) NORTH 21- 40' 27- WEST PARALLEL WITH THE WESTERLY UNE OF LOUISIANA AVENUE, A
DISTANCE OF 503 70 FEET TO A POINT IN THE SOU"I HERLY LINE OF PALMETTO AVENUE,
THENCE
4.) NORTH 86' 42' 27' EAST ALONG THE SOUTHERLY UNE OF PALMETTO AVENUE, A DISTANCE
OF 15.01 FEET TO THE POINT OF BEGINNING.
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4:
Exhibit "B"