HomeMy WebLinkAbout1979 Assignment of Easement from GDC to SebastianIv ,Yid✓juo
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ASSIGNMENT OF EASEMENT
q•_ KNOW ALL MEN BY THESE PRESENTS that
CORNRATION a Delaware corporation authorized
'FI;i,Ine�rum::n;Nl�sF'r=paradBy; .
ALBERT L. R0:?EN, Corporate Counsel
General Development Corporation/
1111 S. Bayshore Drive
\Miami, Florida 33131
GENERAL DEVELOPMENT
to do business in the State
of orida, the Grantee named in that certain Grant of Easement dated
September 26, 1978 from Gulf Stream Council, Inc. Boy Scouts of America,
a Florida corporation, as Grantee, to General Development Corporation,
which Grant of Easement was duly recorded in the Public Records of Indian
River County in Official Records Book 0574 at Page 2698, does hereby
assign, transfer and set over to the CITY OF SEBASTIAN, a Florida Munici-
pality, all of the right title and interest of General Development Corpora-
tion in and to the easement above described.
TO HAVE AND TO HOLD the same unto the said CITY OF SEBASTIAN,
its successors and assigns forever.
IN WITNESS WHEREOF GENERAL DEVELOPMENT CORPORATION has caused
this Assignment to be executed and its Corporate Seal to be hereunto affixed
by its proper officers hereunto duly authorized, all on this /9 K day of
December, 1979.
Signed,Sealed and Delivered
in the presence of:
J4 tlrirutL�G�JC�L•
STATE OF FLORIDA)
County of Dade ) SS!
GENERAL DEVELOPMENT CORPORATION' '•',
BY:
C- A ForrA'rsuv- I
C: TfMP, i grrrn
Senior Vice a dent ,
ATTEST: i
�� giTorsrF`y1,
SAU L J. SACK sst.Secretary
I HEREBY CERTIFY that before me, personally appeared C.C. CRUMP
and SAUL J. SACK, a Senior Vice President and Assistant Secretary
respectively of GENERAL DEVELOPMENT CORPORATION, a Delaware corporation,
to me known to be the persons described in and who executed the foregoing
instrument and they acknowledged the execution thereof to be_their,free_.....
act-anddeed—as"-suc13-offi2er8`for the uses and purposes therein mentioned;
and that they affixed thereto the official seal of said corporation and
that said instrument is the act and deed of said corporation.
IN WITNESS WHEREOF, I have hereunto set my hand and official seal
at Miami, State of Florida, this 1,3'l'hday of December, 1979.
My Commission Expires:
NOTARY tu11.IC STATE OF FLOR#0A AT LARu
my ammiss" w1us AIRY. 12 198,
K*M THRU GD AAL I NS. UNDFAMI TFRI.
v�AR PUBLTG,STATEOF FLORIDA
.'- rAT•. LARGE' : •,
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GRANT OF EASEMENT
L.
THIS INDENTURE made this :1 day of
This Instrument Was Prepared By:
.ALBERT L. ROSEN, Corporate Counsel
General Development Corporation
—\1111 S. Bayshore Drive
,Naml, Florida 33131
5e J'-Te ,mot 4 e It 1978
between GULF STREAM COUNCIL, INC. BOY SCOUTS OF AMERICA, a Florida corpora-
tion as the First Party, and GENERAL DEVELOPMENT CORPORATION, a Delaware
Corporation, as the Second Party.
WITNESSETH:
That the First Party in consideration of the sum of One Dollar and
other valuable consideration to it in hand paid, the receipt of which is
hereby acknowledged, does hereby grant, bargain and sell unto the Second
Party, its successors and assigns, a perpetual drainage easement over the
following described property commencing on the date of execution hereof, for
the purpose of constructing, using and maintaining a drainage outfall and
other allied uses pertaining thereto, together with full right of ingress
and egress thereto to construct, maintain, repair and do anything necessary
in the construction and maintenance of said outfall.
The land which is the subject matter of this easement is located
in the County of Indian River, State of Florida, and is more particularly
described as follows: -
BEGINNING at a point 151 more or less North of the Southwest corner
of the NW 4 of the NE 4 of Section 14, Township 31 South, Range 38 East where
the existing drainage ditch on the SHILOH YOUTH RANCH flows into the existing
slough, ditch or water course which meanders through the property of GULF STREAM
COUNCIL, INC., BOY SCOUTS OF AMERICA to the South Prong of the SEBASTIAN RIVER
(Sebastian River Drainage District Easement).
Iiillllllllllll Said drainage easement follows the said existing slough, ditch or
water course as it meanders from the SHILOH YOUTH RANCH property to where it
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ZE, flows into the South Prong of the SEBASTIAN RIVER.
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� This is a non-exclusive easement and it is understood and agreed
'x between the parties hereto that the drainage canal will be constructed at the
)p expense of Second Party, and that all expenses pertaining to the cost of this
drainage area will be borne by Second Party and that the same shall serve as
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t %i�°R drainage for the remainder of the property through which this easement runs.
1'1 c G i O Reserving however, unto First Party the right to have access in crossing this
v ply" drainage area at any and all times with the proviso that Second Party shall
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STATE OF .-LORIOA'I
DOCUMENTARYSTAMP TAX-1
�cz o DEPT. Or REVENUE ii:`In't,'
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)e obligated to construct or maintain any crossing facilities.
TO HAVE AND TO HOLD said easement unto the Second Party, its
successors and assigns forever.
For the consideration aforesaid, Second Party hereby agrees to
indemnify First Party, its successors and assigns, from all claims for damage,
if any, arising from or growing out of such construction and/or maintenance to
the lands, if any, owned by First Party, its successors and assigns lying adjacent
or contiguous to the lands hereinabove described.
In the event of abandonment by Second Party, its successors and
assigns, of the above described property as a drainage outfall, the easement
rights hereby granted shall cease and revert to the First Party, free and clear
of any right, title or interest of the Second Party.
The First Party does hereby covenant with the Second Party, its
successors and assigns, that it is lawfully seized and possessed of the lands
above described, and that it has a good and lawful right to convey it, or any
part thereof.
IN WITNESS WHEREOF, the party of the First Part has caused these
presents to be duly executed in its name by its President and its corporate
seal to be hereto affixed, attested by its Secretary, on the day and year
first above written.
Signed, Sealed and Delivered
in
the presence of:
STATE OF FLORIDA ) SS:
County of )
GULF STREAM COUNCIL, INC., BOY SCOUTS
OF AMERICA
7 lO�
BY ✓ rfsy C �Ge Gl� L Vr�
(J/ President
ATTEST:
Secretary
I HEREBY CERTIFY that before me,.personally appeared
Charles W. Potter and Bob Somers the President and Secretary respectively
of Gulf Stream Council, Inc. Boy Scouts of America, a Florida corporation, to
me known to be the persons described in and who executed the foregoing instrument
and they acknowledged the execution thereof to be their free act and deed as
such officers, for the uses and purposes therein mentioned; and that they
affixed thereto the official seal of said corporation and that said Instrument
is the act and deed of said corporation.
IN,WITNESS WHEREOF, I have hereunto sit -°-.+..hand and official seal
at J144G41 Stato':9f *Flo rirda,,. thi s o?la u day
of 1978."r. cc
ie:
. � �. '•
t•, ;:;,•+ r. :r :.d,: ' P BLI,C,..STATE OF FLORIDA AT
My Commission Expr
:ti',y �,•-.:. c.i.i, 7.r ,'..'a ;I, LARGE r+ r ,
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General Development Corporation
Wayne L. Allen
Vice Premclem.ld
Assislanl General Counsel
January 17, 1980
Mayor Pat Flood
City of Sebastian
City Hall
P.O. Box 127
Sebastian FL 32958
Re: Boy Scout Property Basement
Dear Pat:
Forwarded is the recorded original for the City's file assigning the
easement we obtained from the Boy Scouts for the drainage facility which
goes through their property.
Please advise if you have any questions concerning this easement.
Sincerely,
WLA/hw
Attach:
cc: William Bevan
I I 115oulh Bayshore Drive, Miami. Florida 33131
Telephone 305 350 1261