HomeMy WebLinkAboutSebastian Inlet Aerie 4067 Fraternal Order of Eagles, IncPrepared by:
Jennifer D. Cockcroft, Esquire
City Attorney of City of Sebastian
1225 Main Street
Sebastian, Florida 32958
Return to:
Jeanette Williams, City Clerk
City of Sebastian
1225 Main Street
Sebastian, Florida 32958
Tax Parcel Identification Number: 31-39-20-00006-0000-00001.0
3120240058518
RECORDED IN THE PUBLIC RECORDS OF
RYAN L. BUTLER, CLERK OF COURT
INDIAN RIVER COUNTY FL
BK: 3742 PG: 962 Page 1 of 3 12/112024 10.31 AM
D DOCTAX PD $0.70
NON-EXCLUSIVE UTILITY/ACCESS EASEMENT AND SIDEWALK EASEMENT
GRANT TO CITY OF SEBASTIAN
THIS UTILITY/ACCESS EASEMENT AND SIDEWALK EASEMENT is made the
date set forth below, by and between SEBASTIAN INLET AERIE 4067 FRATERNAL
ORDER OF EAGLES, INC., whose address is 9606 TRADE CENTER DR., Sebastian,
Florida 32958 (hereinafter referred to as the "GRANTOR" herein), and the CITY OF
SEBASTIAN, a Florida municipality, whose address is 1225 Main Street, Sebastian,
Florida 32958, hereinafter referred to as the GRANTEE.
WITNESSETH:
FOR AND IN CONSIDERATION of the sum of TEN DOLLARS ($10.00), together
with other good and valuable consideration, in hand paid to the GRANTOR by the
GRANTEE, the receipt and sufficiency whereof is hereby acknowledged, the GRANTOR
does hereby give, grant, bargain, and sell unto the GRANTEE, its successors and
assigns, and permittees, a non-exclusive utility easement to construct, install and
maintain the GRANTEE's or permittee's utility facilities to include, but not be limited to,
the perpetual right to enter upon said easement parcel (as described below) at any time
that it may seem fit, to construct, lay, reconstruct, operate, maintain, modify or repair, or
take any of those actions or any combination of such actions, with regard to the
GRANTEE's utilities facilities, for the purpose of operating and supplying utility services
as part of the GRANTEE's or permittee's utility systems, said easement parcel being over,
through and under that certain parcel or tract of real estate situated in the County of Indian
River, State of Florida, more particularly described as follows:
A portion of Lot 2, BARBER STREET TRADE CENTER SUBDIVISION, as shown
on the plat thereof, recorded in Plat Book 15, Page 48, of the Public
Records of Indian River County, Florida, more particularly described
,:cords
Beginning at the Southwest corner of said Lot 2; Thence N 26'01'15"
W, along the westerly line of Lot 2, 38.80 feet, to a westerly corner
of Lot 2; Thence N 63058145" E, along the westerly line of Lot 2,
25.00; to a westerly corner of Lot 2; Thence N 26"01115" W, along the
westerly line of Lot 2, 26.20 feet; thence N 63"58145" E, 159.08
feet, to a point on the easterly line of Lot 2; Thence S 26"01115" E,
65.00 feet to the Southeast corner of Lot 2; Thence S 63*58.45" W,
along the southerly line of Lot 2, 184.08 feet, to the Point of
Beginning.
111'at;:>
OVER THE SAME AREA the GRANTOR grants an easement to the GRANTEE
for its public purposes of using the said property for access:
A portion of Lot 2, BARBER STREET TRADE CENTER SUBDIVISION, as shown
on the plat thereof, recorded in Plat Book 15, Page 48, of the Public
Records of Indian River County, Florida, more particularly described
as follows:
Beginning at the Southwest corner of said Lot 2; Thence N 26001.15"
W, along the westerly line of Lot 2, 38.80 feet, to a westerly corner
of Lot 2; Thence N 63*58-4511 E, along the westerly line of Lot 2,
25.00; to a westerly corner of Lot 2; Thence N 26001-15" W, along the
westerly line of Lot 2, 26.20 feet; thence N 63058145-1 E, 159.08
feet, to a point on the easterly line of Lot 2; Thence S 26001115" E,
65.00 feet to the Southeast corner of Lot 2; Thence S 63058.4511 W,
along the southerly line of Lot 2, 184.08 feet, to the Point of
Beginning.
TOGETHER WITH the GRANTOR granting a sidewalk easement to the GRANTEE to
provide City right-of-way to include all rights, but not limited to, the perpetual right to enter
upon the below -described real property at any time that it may seem fit, to construct, lay,
reconstruct, operate, maintain, modify and/or repair a sidewalk and all appurtenances
thereto for the purpose of operating and supplying pedestrian traffic over, through and
under the following described parcel or tract of real estate situated in Indian River County,
Florida:
A portion of Lot 2, BARBER STREET TRADE CENTER SUBDIVISION, as shown
on the plat thereof, recorded in Plat Book 15, Page 48, of the Public
Records of Indian River County, Florida, more particularly described
as follows:
Beginning at the Southwest corner of said Lot 2; Thence N 26*01-15-1
W, along the westerly line of Lot 2, 38.80 feet, to a westerly corner
of Lot 2; Thence N 63"58.45" E, along the westerly line of Lot 2,
25.00; to a westerly corner of Lot 2; Thence N 26001115" W, along the
westerly line of Lot 2 26.20 feet; thence N 63058145" E, 159.08
feet, to a point on the easterly line of Lot 2; Thence S 26*0111541 E.
65.00 feet to the Southeast corner of Lot 2; Thence S 6305884518 W,
along the southerly line of Lot 2, 184.08 feet, to the Point of
Beginning.
THE GRANTEE and its assigns and permittees shall have the right to excavate,
patrol, alter, improve, permit, repair, construct, maintain, or remove the GRANTEE's utility
lines, structures and facilities and the sidewalk including, without limitation, the rights and
privileges reasonably necessary or convenient to reasonably use the areas set forth
herein, and the further right to trim, cut, remove any obstructions interfering with the rights
of the GRANTEE. The GRANTOR further grants to the GRANTEE the reasonable right
to enter upon adjoining lands of the GRANTOR for the purpose of exercising the rights
herein granted. The GRANTOR agrees not to build, construct, or create or permit others
to build, construct, or create any buildings or other structures in said easement area that
may interfere with the rights granted to the GRANTEE herein.
THE GRANTOR shall have the right to use the easement areas as a fee simple
owner in any manner that is consistent with the rights granted to the GRANTEE herein.
21 P j „e
THE GRANTOR does hereby covenant with the GRANTEE that he is lawfully
seized and possessed of the real estate herein described, that he has good and lawful
right to convey the easements granted herein and that any and all joinders necessary for
the GRANTOR to take the action herein taken have been obtained and that the rights of
the GRANTEE are not subject to being foreclosed.
IN WITNESS WHEREOF, the GRANTOR has hereunto set its hand and seal, the
days and years below written.
PROPERTY OWNER/GRANTOR:
SEBASTIAN INLET AERIE 4067 FRATERNAL ORDER OF EAGLES, INC.
21
KEITH HEFFN
President
Witnesses:
Witness # 1 ��Wltness # 2*Ali
`?gyp MV/117> l r�
Pnnd Ne Ofr%ss # 1 Printed Name Of Witness # 2
ACKNOWLEDGMENT
STATE OF FLORIDA )
COUNTY OF INDIAN RIVER )
SWORN TO AND SUBSCRIBED before me �N PERSON or VIA ELECTRONIC MEANS,
this � day of A�, 2024, by KEITH HEFFNER, as: PRESIDENT, of SEBASTIAN INLET
AERIE 4067 FRATERNAL ORDER OF EAGLES, INC., who is personally known to me or who
presented the following form of identification:
DID NOT take an oath.
Affix Notarial Seal or Stamp below:
MY COMMISSION
EXPIRES 3-31-2026
; and who DID or
� , ��)J
N tary Public; State df Florida
Printed Name:
My Commission expires:
3IPa�