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Home My WebLink About1949 Sebastian Cemetery Association®ems J 8.340 WARRANTY DEED THIS INDENTURE, made this �&.44 day of December, 1949, between SEBASTIAN CEI6iETERY ASSOCIATION, a non- profit corporation existing under the laws of the State of Florida, -its` principal- place Hof business in the County of Indian River, and State of Florida, and lawfully authorized to transact business in the State of Florida, party of the first part, and CITY OF SEBASTIAN, a municipal corporation existing under the laws of the State of Florida, having its principal place of business in the County of Indian River, and State of Florida, and lawfully authorized to transact business in the State of Florida, party of the second part, WITNES'SETH, That the said party of the first part, for and in consideration of the sum of Ten Dollars and other valuable considerations to it in hand paid, the receipt whereof is hereby acknowledged, has granted, bargained and sold to the said party of the second part,.its successors and assigns for- - — - - -- _ - - ever, the-"- following described land, situate, lying and being in the County of Indian River and State of Florida, to -wit; Beginning at- - -a< point on the N.E. line of Sec. 30 of the Fleming Grant at a stake marked Lemon Street, run S.W. along the South line of Lemon Street 806.1 ft. to the corner of Lemon Street and Wauregan Ave., thence N.W. along the East right -of -way line of Wauregan Ave. 700 ft. to the Vuest corner of Lot 26 of Wauregan town site, thence N.E. between lots 25 and 26 - 816.7 ft. to the N.E. line of Sec. 30 of Fleming Grant, thence Southeasterly 700 ft. on Grant line to point of beginning. The above parcel of land being 12.9 acres more or less and including all of lots 26 and 27 as shown on plat of Wauregan filed in Plat Book 1, Page 179 in Brevard County records, State of Florida. Deed Description of Vickers Cemetery Located in - 3ec. 30, T. 30, R. 39 E, Fleming Grant, Indian River Beginning at the 1/4 Sec. Cor. of the N.E. side of Sec. 30 F.G.; Run thence S. 440 -471 E (S 430 -012E) along the F.G. line_46.751to P.R.P. of Ocean Breese Subdivision; thence S. 450 -151 W. ( S470 -OO12in ) 75.45; thence S 880 -581 add (N890- 16-;=�LVT) 383.61 to P.R-.,M. of above Subdivision; thence N 450 -301 E (N 470 -152E) 352.01 to (a pine stake squared marked on face 112711on N.E. face 1tGL1' on S.E. face "Lemon St. ") F.G. line; thence S 440 -471 E (5430 -211E) 217.71 to the point of beginning. It I o J1J With exception of block shown "iL\?ot included" on Vicker's Cemetery Nap recorded Dec. 18th, 19260 on page 1 of Plat Book 2 in office of clerk of the Circuit Court of Indian River Co., Fla. (Note;- Thelbearings shown in parenthesis are corrected bearings -the bearings not enclosed are as per-maps etc. previously recorded.) Said above described property, being- property conveyed to party of the first part by Deeds - recorded in Deed Book 2, page 430 and Deed Book 16, page 197, records of Indian River County, Florida. The above described property comprises a Cemetery. This conveyance is subject to the rights of all persons who have heretofore acquired burial lots or plots in such Cemetery and as evidenced by record thereof delivered this date to the party of the second part. This conveyance is also subject to the following covenant and condition which shall be deemed a covenant running with the land and which covenant the party of the second part by.its acceptance of this instrument assume and agrees to, to wit: T__ _ _ _ The property herewith conveyed shall. at all times be kept, held and maintained as a Cemetery for the inter- ment of the dead; burial lots and plots shall be at all times available in said Cemetery to all residents of the communities of Sebastian, Florida, and Roseland, Florida, for so long as space for such purpose shall be available in said Cemetery, upon like terms and conditions. It is intended to provide by this cove- nant that no discrimination shall be practiced as to the cost of such lots and plots and that the same shall be available to any resident of said communities upon payment of the reasonable charges and costs therefor, and with the understanding that a reasonable charge may be made for such lots or plots and that a reasonable charge may be made for the annual maintenance and up- keep of such Cemetery. The party of the second part shall keep and maintain said Cemetery in a good and attractive condition. (-rf this cotenant or any portion or part hereof shall not be kept and performed by the party of the second part, and the party of the second --part-shall fail - - -to correct this breach of tYa1_Q .c_quex_ant or any part hereof after 60 days written notice thereof received from any person having an interest in said Cemetery or from the party of the first part, then the title of the party of the second part in and to the above described property shall terminate and such title shall immediately revert to the party of the first part:ti And the said party of the first part does hereby fully warrant the title to said land, and will defend the same against the lawful claims of all person whomsoever. 'T ' " - DwLr® e u A ^s IN ;'ITNESS WFEREOF, the said party of the first part has caused these presents to be signed in its narne by its proper officers, and its corporate seal to be affixed, attested Secretary, the day and year above written. �r u S' BASTIA C'rrMETERY ASSOCIATION orate seal) G By l resident V i Attest: lfh.0 Se retary r" Signed, sealed and delivered in the presence of: 7: = -- r� Fi:i o N 1-r! STATE OF FLORIDA COUNTY OF INDIAN RIVER -I HEREBY £ERTIFY Tha-t--on --this December, 1949, before me personally appeared C. B. TAYLOR and MARY E. VICKERS, respectively President and Secretary of SEBASTIAN CEMETERY ASSOCIATION, a non - profit corporation under the laws of the State of Florida, to me known to be the persons described in and who executed the foregoing Deed and severally 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 the said Deed is the act and deed of said corporation. u ITI SS my lmnd-and official seal -at Sebast-ian, -i-n— -- the County of Indian River and State of Florida, the day and year last aforesaid. ark,, State of lorida a C, �e� :l":Commission expires: