HomeMy WebLinkAbout2013 - B W 512, Inc.3120130024282 RECORDED IN THE RECORDS OF JEFFREY R. SMITH, CLERK OF CIRCUIT COURT INDIAN RIVER CO FL
BK: 2660 PG: 964, 4/17/2013 4:00 PM
This instrument prepared by
and return to:
Bruce Barkett, Esq.
Collins, Brown, Caldwell, Barkett,
Garavaglia & Lawn, Chartered
756 Beachland Blvd.
Vero Beach, FL 32963
REVISED, AMENDED, AND RESTATED
STORM WATER DRAINAGE AND DETENTION
EASEMENT AGREEMENT
THIS REVISED, AMENDED, AND RESTATED STORM WATER DRAINAGE AND
DETENTION EASEMENT AGREEMENT ( "Agreement ") is made and entered into this 10th
day of April , 2013 by and between BW 512, INC., a Florida corporation having an
address of 5099 Highway AlA, Suite 300, Vero Beach, FL 32963, ("Owner") and the CITY OF
SEBASTIAN, FLORIDA, ( "City "):
WITNESSETH:
WHEREAS, Owner is the owner and holder of the fee simple title to the Shoppes of
Sebastian Shopping Center located on that certain property in Indian River County, Florida,
more particularly described on Exhibit "A" which is attached hereto and made a part hereof
("Shopping Center Property"); and
WHEREAS, City is the owner and holder of the fee simple title to a certain right -of -way
located in the City of Sebastian and more particularly described as a portion of Stony Point Drive
and shown on that certain utility plan prepared by Paulson Mitchell Incorporated, dated May 25,
2004, last revised on April 1, 2005, a copy of which is attached hereto and made a part hereof as
Exhibit `B" ( "City Right -of- Way "); and
WHEREAS, the City of Sebastian entered into that Storm Water Drainage and Detention
Easement Agreement with Blue Ribbon Crabapple, LLC, a Georgia limited liability company,
dated August 31, 2005, and recorded in the public records of Indian River County, Florida at
Official Records Book 1961, Page 1677 ("2005 Easement'); and
WHEREAS, the 2005 Easement contained scrivener's errors, including reversing the
terms "Grantor" and "Grantee" within the document, and misidentifying the properties owned by
each; and
WHEREAS, Owner is the successor in title to Blue Ribbon Crabapple, LLC, with respect
to the shopping center which was the subject of the 2005 Easement; and
WHEREAS, Owner and City desire to amend, revise, and restate the 2005 Easement to
correct the scrivener's errors and to clarify the purpose and intent of the easement;
BK: 2660 PG: 965
NOW, THEREFORE, for and in consideration of Ten Dollars ($10.00) and other good
and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, Owner
and City hereby agree and covenant as follows:
1. Recitals. The foregoing recitals are incorporated as if fully restated herein.
2. Release of Easement. The 2005 Easement is hereby declared null and void and
each party hereby releases and quit - claims unto the other all right, title, and
interest arising from or out of the 2005 Easement.
Grant of Easements.
a. City grants to Owner, and Owner grants to City, each to the other, for the
benefit of both properties, a perpetual, non - exclusive, appurtenant
easement for the installation, use, construction, improvement, repair,
maintenance, and reconstruction of storm water drainage, underground
pipes and related underground facilities (collectively, the "Drainage
Facilities "), upon, through, under and across a fifteen foot (15') wide area
measured from the centerline of the drainage pipes and related
underground facilities as actually installed in the approximate location
shown on that certain utility plan prepared by Paulson Mitchell
Incorporated, dated May 25, 2004, last revised April 1, 2005 (the "Utility
Plan") a copy of which is attached hereto and made a part hereof as
Exhibit `B ".
b. City grants to Owner, and Owner grants to City, each to the other, for the
benefit of both properties, a perpetual, non - exclusive, appurtenant
easement for the installation, use, construction, improvement, repair,
maintenance, and reconstruction of storm water detention ponds and
related facilities (collectively, the "Detention Ponds "), to which the
Drainage Facilities are to be connected, all as actually installed in the
approximate locations shown on the Utility Plan (the "Detention Easement
Area "). The rights granted, created, and conveyed hereunder shall
expressly include the right to drain, detained, and undetained rainwaters,
surface waters, and waters from springs and other underground sources
whether surfacing on the City's property or Owner's property, or surfacing
on other properties and draining across either property, through the
Drainage Facilities, and then to the Detention Ponds, and then from the
Detention Ponds through the Drainage Facilities, all as depicted on the
Utility Plan.
4. Reserved Rights (Owner). Owner shall have the right to use the Shopping Center
Property and the easement area for any lawful purpose which is not inconsistent
with the terms of this Agreement.
BK: 2660 PG: 966
Reserved Rights (City). City shall have the right to use the City Right -of -Way for
purposes which are not inconsistent with the terms of this Agreement.
6. Covenants Running with the Land. The easements and all provisions, agreements,
rights, powers, covenants, conditions, and obligations contained in this
Agreement shall be binding upon the City and the Owner, and their successors
and assigns, lessees, and all other persons acquiring any interest in the Shopping
Center Property or the City Right -of -Way, or any portion thereof, whether by
operation of law or in any manner whatsoever, and the said easements shall inure
to the benefit of the owners of the respective parcels and their respective
successors and assigns. All of the provisions of this Agreement shall constitute
covenants running with the land pursuant to Florida law.
IN WITNESS WHEREOF, the parties have executed this Agreement as of the date the
last of the parties affix its signature to this Agreement below.
ATT'H�T�
Sally A. io, MMC - rlCity C erk
STATE OF FLORIDA
COUNTY OF INDIAN RIVER
CITY OF SEBASTIAN, FLORIDA
By:
Bob McPartlan, Mayor
Approved as to form and legality for
reli e y the Ci of Sebastian:
obert A. Ginsburg, City Attorney
The foregoing instrument was acknowledged before me this loth day of April
2013, by Bob McPartlan and Sally Maio , as Mayor and City Clerk,
respectively, of the City of Sebastian, on behalf of such city, who are personally known to me or
wfio- have- protit� as- identifteativn.
(Notary Seal tary Public
JEANETTE WILLIAMS My Commission Expires:
Commission # EE 038067
1 c�a Expires Febnu 28, 2015
• n•`"r SonW Tt" T" fan Ow" E043B&IOt9
BK: 2660 PG: 967
WITNESSES:
Q L,W
Print Name:
Print ame: r1S �t u y e� i •—
STATE OF F A
COUNTY O " ", ,t. wcA.._
B W 512, Inc.
By:
Patricia Werhahn
The foregoing instrument was acknowledged before me this .2JJi -- day of
2013, by Patricia Werhahn, the Director of AW 512, In ., on behalf of such
entity, who is personally known or who produced as
identification.
(Notary Sea])
EllM M. COWAN
mmy Pak - VAN at Norida
*Comm. E*M Mar 14. 2017
-"tip. Corr -;; 6fn # FF AA4117
Notary Public
My Commission Expires: 514 // 7
' EILEEN M. coon
' ftWY PV6k - State of fbrida
MY Comm. EXPhn Mar 14, 2017
-'•?; <<. Commission N FF 884117
BK: 2660 PG: 968
EXHIBIT "A"
LEGAL DESCRIPTION
A Parcel of Land lying in Section 23, Township 31 South, Range 38 East, Indian River
County, Florida, being more particularly described as follows:
Commence at the Northeast corner of the Southwest I/4 of the Southwest 1/4 of Section
23, Township 31 South, Range 38 East, thence run North 89 degrees 53 minutes 45
seconds West along the North Iine of the Southwest 1/4 of the Southwest 1/4 of said
Section 23 a distance of 762.51 feet, to the Point of Beginning; thence South 00 degrees
07 minutes 00 seconds East a distance of 659.29 feet; thence South 89 degrees 53
minutes 01 seconds West a distance of 500.59 feet to the Easterly Right -of -Way of
County Road 510; thence run along said Right -of -Way North 00 degrees 02 minutes 32
seconds West a distance of 370.76 feet; thence, departing said Right -of -Way, North 89
degrees 57 minutes 28 seconds East a distance 200.00 feet; thence North 00 degrees 07
minutes 00 seconds West a distance of 117.17 feet; thence North 89 degrees 53 minutes
00 seconds East a distance of 10.00 feet; thence North 00 degrees 07 minutes 00 seconds
West a distance of 60.00 feet; thence South 89 degrees 53 minutes 00 seconds West a
distance of 10.00 feet; thence North 00 degrees 07 minutes 00 seconds West a distance of
64.85 feet to a point on the Southerly Right -of -Way line of State Road 512, said point
being on a curve concave Northerly and having a radius of 2060.00 feet; thence, from a
tangent bearing of North 83 degrees 43 minutes 51 seconds East, run Easterly along the
arc of said curve and Southerly Right -of -Way line through a central angle of 08 degrees
29 minutes 39 seconds for a distance of 305.40 feet; thence departing said Right -of -Way
line, South 00 degrees 07 minutes 00 seconds East a distance of 8.31 feet to the Point of
Beginning. LESS AND EXCEPT Road Right of Way.
Said property also being shown on that certain ALTA/ACSM Land Title Survey certified
to Foltz Martin, LLC, Blue Ribbon Crabapple, LLC, Regions Bank and First American
Title Insurance Company, prepared by Tinklepaugh Surveying Services, Inc., signed and
sealed by Arthur W. Tucker, P.L.S. No. 4381, dated February 28, 2004, last revised
August 26, 2004.
TOGETHER WITH the easements contained in that certain Reciprocal Easement,
Covenant and Restriction Agreement by and between Sebastian Exchange, LLC and
Paradise Central Corporation, dated March 25, 2004, recorded March 30, 2004 in Official
Records Book 1710, Page 1576, of the Public Records of Indian River County, Florida.
(Easement Parcel A)
BK: 2660 PG: 969
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This instrument prepared by
and return to:
Bruce Barkett, Esq.
Collins, Brown, Caldwell, Barkett,
Garavaglia & Lawn, Chartered
756 Beachland Blvd.
Vero Beach, FL 32963
REVISED, AMENDED, AND RESTATED
STORM WATER DRAINAGE AND DETENTION
EASEMENT AGREEMENT
THIS REVISED, AMENDED, AND RESTATED STORM WATER DRAINAGE AND
DETENTION EASEMENT AGREEMENT ( "Agreement ") is made and entered into this 10th
day of April , 2013 by and between B W 512, INC., a Florida corporation having an
address of 5099 Highway AIA, Suite 300, Vero Beach, FL 32963, ( "Owner ") and the CITY OF
SEBASTIAN, FLORIDA, ( "City "):
WITNES SETH:
WHEREAS, Owner is the owner and holder of the fee simple title to the Shoppes of
Sebastian Shopping Center located on that certain property in Indian River County, Florida,
more particularly described on Exhibit "A" which is attached hereto and made a part hereof
( "Shopping Center Property"); and
WHEREAS, City is the owner and holder of the fee simple title to a certain right -of -way
located in the City of Sebastian and more particularly described as a portion of Stony Point Drive
and shown on that certain utility plan prepared by Paulson Mitchell Incorporated, dated May 25,
2004, last revised on April 1, 2005, a copy of which is attached hereto and made a part hereof as
Exhibit `B" ( "City Right -of- Way "); and
WHEREAS, the City of Sebastian entered into that Storm Water Drainage and Detention
Easement Agreement with Blue Ribbon Crabapple, LLC, a Georgia limited liability company,
dated August 31, 2005, and recorded in the public records of Indian River County, Florida at
Official Records Book 1961, Page 1677 ("2005 Easement'); and
WHEREAS, the 2005 Easement contained scrivener's errors, including reversing the
terms "Grantor" and "Grantee" within the document, and misidentifying the properties owned by
each; and
WHEREAS, Owner is the successor in title to Blue Ribbon Crabapple, LLC, with respect
to the shopping center which was the subject of the 2005 Easement; and
WHEREAS, Owner and City desire to amend, revise, and restate the 2005 Easement to
correct the scrivener's errors and to clarify the purpose and intent of the easement;
NOW, THEREFORE, for and in consideration of Ten Dollars ($10.00) and other good
and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, Owner
and City hereby agree and covenant as follows:
1. Recitals. The foregoing recitals are incorporated as if fully restated herein.
2. Release of Easement. The 2005 Easement is hereby declared null and void and
each party hereby releases and quit - claims unto the other all right, title, and
interest arising from or out of the 2005 Easement.
3. Grant of Easements.
a. City grants to Owner, and Owner grants to City, each to the other, for the
benefit of both properties, a perpetual, non - exclusive, appurtenant
easement for the installation, use, construction, improvement, repair,
maintenance, and reconstruction of storm water drainage, underground
pipes and related underground facilities (collectively, the "Drainage
Facilities "), upon, through, under and across a fifteen foot (15') wide area
measured from the centerline of the drainage pipes and related
underground facilities as actually installed in the approximate location
shown on that certain utility plan prepared by Paulson Mitchell
Incorporated, dated May 25, 2004, last revised April 1, 2005 (the "Utility
Plan") a copy of which is attached hereto and made a part hereof as
Exhibit `B ".
b. City grants to Owner, and Owner grants to City, each to the other, for the
benefit of both properties, a perpetual, non - exclusive, appurtenant
easement for the installation, use, construction, improvement, repair,
maintenance, and reconstruction of storm water detention ponds and
related facilities (collectively, the "Detention Ponds "), to which the
Drainage Facilities are to be connected, all as actually installed in the
approximate locations shown on the Utility Plan (the "Detention Easement
Area "). The rights granted, created, and conveyed hereunder shall
expressly include the right to drain, detained, and undetained rainwaters,
surface waters, and waters from springs and other underground sources
whether surfacing on the City's property or Owner's property, or surfacing
on other properties and draining across either property, through the
Drainage Facilities, and then to the Detention Ponds, and then from the
Detention Ponds through the Drainage Facilities, all as depicted on the
Utility Plan.
4. Reserved Rights (Owner). Owner shall have the right to use the Shopping Center
Property and the easement area for any lawful purpose which is not inconsistent
with the terms of this Agreement.
WITNESSES:
B W 512, Inc.
t
The foregoing instrument was acknowledged before me this o2Jd(— day of
cl�AAvc -� , 2013, by Patricia Werhahn, the Director of�RW 512, Inc., on behalf of such
entity, who is personally known or who produced �}���J as
identification.
(Notary Seal)
EILEEN M. COWAN
f AWj Pty • SW of F*Wa
` My Comm. b om MK 11.2017
rorrm ,,;,0nn # FF 884117
LI
&z"":fr, &"'
Notary Public
My Commission Expires: V14 // 7
g a EILEEN M. COWAN
s • hWUY Pubk - State of Florida
My COMM . opir# EE 017
884117
EXHIBIT "A"
LEGAL DESCRIPTION
A Parcel of Land lying in Section 23, Township 31 South, Range 38 East, Indian River
County, Florida, being more particularly described as follows:
Commence at the Northeast corner of the Southwest 1/4 of the Southwest 1/4 of Section
23, Township 31 South, Range 38 East, thence run North 89 degrees 53 minutes 45
seconds West along the North line of the Southwest 1/4 of the Southwest 1/4 of said
Section 23 a distance of 762.51 feet, to the Point of Beginning; thence South 00 degrees
07 minutes 00 seconds East a distance of 659.29 feet; thence South 89 degrees 53
minutes 01 seconds West a distance of 500.59 feet to the Easterly Right -of -Way of
County Road 510; thence run along said Right -of -Way North 00 degrees 02 minutes 32
seconds West a distance of 370.76 feet; thence, departing said Right -of -Way, North 89
degrees 57 minutes 28 seconds East a distance 200.00 feet; thence North 00 degrees 07
minutes 00 seconds West a distance of 117.17 feet; thence North 89 degrees 53 minutes
00 seconds East a distance of 10.00 feet; thence North 00 degrees 07 minutes 00 seconds
West a distance of 60.00 feet; thence South 89 degrees 53 minutes 00 seconds West a
distance of 10.00 feet; thence North 00 degrees 07 minutes 00 seconds West a distance of
64.85 feet to a point on the Southerly Right -of -Way line of State Road 512, said point
being on a curve concave Northerly and having a radius of 2060.00 feet; thence, from a
tangent bearing of North 83 degrees 43 minutes 51 seconds East, run Easterly along the
are of said curve and Southerly Right -of -Way line through a central angle of 08 degrees
29 minutes 39 seconds for a distance of 305.40 feet; thence departing said Right -of -Way
line, South 00 degrees 07 minutes 00 seconds East a distance of 8.31 feet to the Point of
Beginning. LESS AND EXCEPT Road Right of Way.
Said property also being shown on that certain ALTA/ACSM Land Title Survey certified
to Foltz Martin, LLC, Blue Ribbon Crabapple, LLC, Regions Bank and First American
Title Insurance Company, prepared by Tinklepaugh Surveying Services, Inc., signed and
sealed by Arthur W. Tucker, P.L.S. No. 4381, dated February 28, 2004, last revised
August 26, 2004.
TOGETHER WITH the easements contained in that certain Reciprocal Easement,
Covenant and Restriction Agreement by and between Sebastian Exchange, LLC and
Paradise Central Corporation, dated March 25, 2004, recorded March 30, 2004 in Official
Records Book 1710, Page 1576, of the Public Records of Indian River County, Florida.
(Easement Parcel A)
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Reserved Rights (City). City shall have the right to use the City Right -of -Way for
purposes which are not inconsistent with the terms of this Agreement.
6. Covenants Running with the Land. The easements and all provisions, agreements,
rights, powers, covenants, conditions, and obligations contained in this
Agreement shall be binding upon the City and the Owner, and their successors
and assigns, lessees, and all other persons acquiring any interest in the Shopping
Center Property or the City Right -of -Way, or any portion thereof, whether by
operation of law or in any manner whatsoever, and the said easements shall inure
to the benefit of the owners of the respective parcels and their respective
successors and assigns. All of the provisions of this Agreement shall constitute
covenants running with the land pursuant to Florida law.
IN WITNESS WHEREOF, the parties have executed this Agreement as of the date the
last of the parties affix its signature to this Agreement below.
ATT T
Sally A. io, MMC - City C erk
STATE OF FLORIDA
COUNTY OF INDIAN RIVER
CITY OF SEBASTIAN, FLORIDA
BY: /)W
Bob McPartlan, Mayor
Approved as to form and legality for
rehig e y the City of Sebastian:
obert A. Ginsburg, City Attorney
The foregoing instrument was acknowledged before me this 10 th day of Apr i 1
2013, by Bob McPartlan and sally Maio , as Mayor and City Clerk,
respectively, of the City of Sebastian, on behalf of such city, who are personally known to me.or
who-have'proh - as- identifrcatian.
(Notary Seal) tary Public
JEANETTE WILLIAMS My Commission Expires:
Commission # EE 038067
Expires February 28, 2015
''PF. BmWThmTmy Fain lnswmice8OM8 57019
This instrument prepared by
and return to:
Thomas O. Harper III, Esq.
Foltz Martin, LLC
Five Piedmont Center
Suite 750
Atlanta, Georgia 30305
STORM WATER DRAINAGE AND DETENTION
EASEMENT AGREEMENT
THIS STORM WATER DRAINAGE AND DETENTION EASEMENT AGREEMENT
(the "Agreement'), made and entered into this 31 day of August, 2005 (the "Effective Date "),
by and between THE CITY OF SEBASTIAN (hereinafter referred to as the "Grantor ") and
BLUE RIBBON CRABAPPLE, LLC, a Georgia limited liability company (hereinafter
collectively referred to as the "Grantee ").
WITNESSETH:
WHEREAS, Grantor is the owner and holder of the fee simple title to certain property
known as the right -of -way for the proposed Stony Point Drive, which property is located in the
City of Sebastian, Indian River County, Florida, and which property is more particularly
described on Exhibit "A" attached hereto and by this reference made a part hereof (the
"Property "); and
WHEREAS, Grantee is the owner and holder of the fee simple title to certain property
located in the City of Sebastian, Indian River County, Florida, and which property is more
particularly shown as a portion of Stony Point Drive on that certain utility plan prepared by
Paulson Mitchell Incorporated, dated May 25, 2004, and last revised on April 1, 2005, a copy of
which is attached hereto as Exhibit `B" (the "Utility Plan") and by this reference made a part
hereof (the "Grantee Property "); and
WHEREAS, Grantee has obtained a permit from the City of Sebastian to allow drainage
from the Grantee Property into the detention ponds described hereinafter to be located on the
Property, and then from the detention ponds to be located on the Property under and across the
387316.4
Grantee Property through an underground storm water drainage line to an underground storm
water detention facility to be constructed under the Grantee Property, and then from the
underground storm water detention facility under and across the Grantee Property through an
underground storm water drainage line to the publicly dedicated right -of -way known as County
Road 512, all as shown on and contemplated by the Utility Plan; and
WHEREAS, Grantor has agreed to convey to Grantee the easements contained herein.
NOW, THEREFORE, for and in consideration of TEN AND N01100 DOLLARS
($10.00) in cash paid in hand, the receipt and sufficiency of which is hereby acknowledged, the
parties agree and covenant as follows:
1. Grant of Drainage Easement. Grantor hereby creates, grants, gives and
conveys for the benefit of the Grantee Property a perpetual, non - exclusive, appurtenant easement
for the installation, use, construction, improvement, repair, maintenance and reconstruction of
storm water drainage, underground pipes and related underground facilities (collectively, the
"Drainage Facilities') upon, through, under and across a fifteen -foot (15') wide area measured
from the center line of the drainage pipe and related underground facilities as actually installed,
which are to be installed in the approximate locations as shown on the Utility Plan (the
"Drainage Easement Area ").
2. Grant of Detention Pond Easement. Grantor hereby creates, grants, gives and
conveys for the benefit of the Grantee Property a perpetual, non - exclusive, appurtenant easement
for the installation, use, construction, improvement, repair, maintenance and reconstruction of
storm water detention ponds and related facilities (collectively, the "Detention Ponds ") to
which the Drainage Facilities are to be connected, all as actually installed, which are to be
installed in the approximate locations as shown on the Utility Plan (the "Detention Easement
Area "). The rights granted to Grantee hereunder shall expressly include the right to drain
detained and undetained rainwaters, surface waters and waters from springs and other
underground sources whether surfacing on the Grantee Property, or surfacing on other properties
and draining across the Grantee Property, through the Drainage Facilities, into the Detention
Ponds, and then from the Detention Ponds through the Drainage Facilities and to the Grantee
Property, all as depicted on the Utility Plan.
3. Rights Reserved. Grantor shall have the right to use the Property, the Drainage
Easement Area and the Detention Easement Area for any purpose which is not inconsistent with
the terms of this Agreement.
4. Construction. Grantee shall be solely responsible, at its sole cost and expense,
for obtaining all applicable permits, licenses, consents and approvals from all applicable
governmental and private authorities for any construction or installation of the detention ponds,
pipes, facilities or improvements to be installed or constructed by Grantee.
5. Covenant Running With the Land. The easements and all the provisions,
agreements, rights, powers, covenants, conditions and obligations contained in this Agreement
shall be binding upon Grantee and Grantor and, their successors and assigns, lessees and all other
2
387316.4
persons acquiring any interest in the Grantee Property or Property, or any portion thereof,
whether by operation of law or in any manner whatsoever, and shall inure to the benefit of the
owners of the respective parcels and their respective heirs, successors and assigns. All of the
provisions of this Agreement shall constitute covenants running with the land pursuant to Florida
law.
6. Notice. All notices and other communications given pursuant to this Agreement
shall be in writing and shall be deemed properly served if delivered on the actual date of personal
hand delivery by courier, the first business day following delivery to an overnight courier service
or on the third business day after deposit in the U.S. mail as registered or certified mail, return
receipt requested, postage prepaid, as follows:
If to Grantor: City of Sebastian
1225 Main Street
Sebastian, FL 32958
Attn: City Manager
with a copy to: City of Sebastian
1225 Main Street
Sebastian, FL 32958
Attn: City Attorney
If to Grantee: Blue Ribbon Crabapple, LLC
c/o Alliance Realty Services, L.L.C.
3500 Piedmont Road, NE
Suite 105
Atlanta, Georgia 30305
with a copy to: Foltz Martin, LLC
Five Piedmont Center
Suite 750
Atlanta, Georgia 30305
Attn: J. Marshall Martin III, Esq.
Either party shall be entitled to change its address for notice by providing written notice
of the change of notice address to the other party.
[Signature pages attached hereto]
3
387316.4
Date.
A
IN WITNESS WHEREOF, the parties have executed this Agreement as of the Effective
GRANTOR:
Approved as to form and legality for
reliance by the City of Sebastian:
Rich Stringer, City Attorney
The foregoing instrument was acknowledged before me this 24 t day of August, 2005,
by Nathan B. McCollum and Sally A. Maio, as Mayor and City Clerk, respectively, of the City
of Sebastian, on behalf of such city, who are personally known to me.
(Notarial Seal)
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#DD172594
387316.1
WAA4 4A.4,
MntedName: Jeanette Williams
VOTARY PUBLIC
State of Floridaat Large -ry
My Commission Expires:.... 07
n
�j
STATE OF • 0. )
COUNTY OF Vlkt -t-M )
GRANTEE:
Blue Ribbon Crabapple, LLC,
a Geor
By:
Name:
Title:
The foregoing instrument was acknowledged before me this OtIn day ofJam, 2005, by
10 h n W. W i t C oX �3M: , as 4Ln' of Blue
Ribbon Grapple, PLC, a Georgia limited liability company, on behalf of such entity, who is [
] ersonally known to or [ ) produced as
identification.
iNo �, _
IMF 6. 203
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,y ~�NMNnN���st.
387316.1
Printe ' •e- L
NOTARY PUBLIC
State of 6-je-Lr '� *t-rge
My Commissio xpires: � A "01 ( 0 2 0 0 °I
EXHIBIT "A"
LEGAL DESCRIPTION
A Parcel of Land lying in Section 23, Township 31 South, Range 38 East, Indian River
County, Florida, being more particularly described as follows:
Commence at the Northeast corner of the Southwest 1/4 of the Southwest 1/4 of Section
23, Township 31 South, Range 38 East, thence run North 89 degrees 53 minutes 45
seconds West along the North line of the Southwest 1/4 of the Southwest 1/4 of said
Section 23 a distance of 762.51 feet, to the Point of Beginning; thence South 00 degrees
07 minutes 00 seconds East a distance of 659.29 feet; thence South 89 degrees 53
minutes 01 seconds West a distance of 500.59 feet to the Easterly Right -of -Way of
County Road 510; thence run along said Right -of -Way North 00 degrees 02 minutes 32
seconds West a distance of 370.76 feet; thence, departing said Right -of -Way, North 89
degrees 57 minutes 28 seconds East a distance 200.00 feet; thence North 00 degrees 07
minutes 00 seconds West a distance of 117.17 feet; thence North 89 degrees 53 minutes
00 seconds East a distance of 10.00 feet; thence North 00 degrees 07 minutes 00 seconds
West a distance of 60.00 feet; thence South 89 degrees 53 minutes 00 seconds West a
distance of 10.00 feet; thence North 00 degrees 07 minutes 00 seconds West a distance of
64.85 feet to a point on the Southerly Right -of -Way line of State Road 512, said point
being on a curve concave Northerly and having a radius of 2060.00 feet; thence, from a
tangent bearing of North 83 degrees 43 minutes 51 seconds East, run Easterly along the
arc of said curve and Southerly Right -of -Way line through a central angle of 08 degrees
29 minutes 39 seconds for a distance of 305.40 feet; thence departing said Right -of -Way
line, South 00 degrees 07 minutes 00 seconds East a distance of 8.31 feet to the Point of
Beginning. LESS AND EXCEPT Road Right of Way.
Said property also being shown on that certain ALTA/ACSM Land Title Survey certified
to Foltz Martin, LLC, Blue Ribbon Crabapple, LLC, Regions Bank and First American
Title Insurance Company, prepared by Tinklepaugh Surveying Services, Inc., signed and
sealed by Arthur W. Tucker, P.L.S. No. 4381, dated February 28, 2004, last revised
August 26, 2004.
TOGETHER WITH the easements contained in that certain Reciprocal Easement,
Covenant and Restriction Agreement by and between Sebastian Exchange, LLC and
Paradise Central Corporation, dated March 25, 2004, recorded March 30, 2004 in Official
Records Book 1710, Page 1576, of the Public Records of Indian River County, Florida.
(Easement Parcel A)
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