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HomeMy WebLinkAbout1997 Graces Landing - Louisiana AvenueThis Instrument Prepared By: Terry B. Fein, Esq. M Shutts & Bowen O 201 South Biscayne Blvd. 0 T1 Suite 1500 Miami, FL 33/1131 � Folio No. I.' U ) 1 `) L 0S J 'ti 987525 97 MAR 21 AM 10: 41 RIGHT -OF -WAY DEED IN THE RECORDS nr= JEFFREY K. BAR70N, CLERK CIRCUIT COURT INDIAN RebER CO., FLA- WCUMEWWV (SEED S o9 0 NOTE JEFFRV W. RAM, am THIS INDENTURE, made this day of 1-4arch; 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 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" and /or Exhibit "B" (as applicable) shall immediately revert to Grantor, its successors and assigns, and Grantor shall have the right to immediately repossess the same. 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 instrument 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 stamp 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 delivered in the presence of: sign name of witness one) *X"ly (printed name of witness o e) (signed n f witness t o) (printed name of witness two) STATE OF FLORIDA ) )SS: COUNTY OF INDIAN RIVER ) GRACE'S LANDING, LTD., a Florida limited partnership By: SEBASTIAN HOUSING DEVELOPMENT CORPORATION, a Florida corporation By: ;/i� � �,/ zzz� Betha A. Ca enter President The foregoing instrument was acknowledged before me this 0 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. Notary Pub State of Florida. My Commission Expires: -� qc� k KENNETH J JACKSON 4" i_ My Corrwniasion 1=348601 EV44" Feb. 01, 1986 �OF Bonded by HAI 800-422.1555 CA 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 38 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 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 4,642 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 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 175 FEET TO A POINT ON A LINE 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 DESCRIRFn AS TINF WFHTERLY BOUNDARY OF LOUISIANA AVENUE, SAID LINE 80 DEGREES 17 MINUTES FROM THE IMMEDIATELY PRECEDING DESCRIBED BOUNDARY, A DISTANCE OF 512.40 FEET ON THE VESTERLY, BOUNDARY OF LOUISIANA AVENUE; THENCE WESTERLY ON A LINE 68 DEGREES 33MINUTES FROM THE PREVIOUS IMMEDIATELY DESCRIBED BOUNDARY, SAID UNE BELNG 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 677.8 FEET SOUTH AND 160 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 AT THE 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 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 UNE OF PALMETTO AVENUE WITH THE WESTERLY LINE OF LOUISIANA AVENUE, AND EXTENDING THENCE: 1.) SOUTH 66° 42' 27° WEST ALONG THE SOUTHERLY LINE OF PALMETTO AVENUE, A DISTANCE OF 110.81 FEET TO A POINT, THENCE 1) SOUTH 89 144! 37" WEST, STILL ALONG THE SOUTHERLY LINE OF PALMETTO AVENUE, A DISTANCE OF 434.67 FEET TO A POINT, THENCE 3.) SOUTH 00'10' 38" WEST, A DISTANCE OF 10.00 FEET TO A POINT, THENCE 4.) NORTH 89° 44' 37" EAST, PARALLEL WITH THE SOUTHERLY LINE OF SAID PALMETTO AVENUE A DISTANCE OF 436.78 FEET TO A POINT, THENCE 5.) NORTH 66� 42' 27" EAST, A DISTANCE OF 112.57 FEET TO A POINT IN THE WESTERLY LINE OF .r LOUISIANA AVENUE, THENCE -r. G.) NORTH 21- 40' 27• WEST ALONG THE WESTERLY LINE OF LOUISIANA AVENUE, A DISTANCE OF 10.00 FEET TO THE POINT OF BEGINNING. `D ^1 Exhibit "A" ,d (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 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 LINE PARALLEL WITH THE SOUTHERLY BOUNDARY OF GOVERNMENT LOT 4,642 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 LINE 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 LINE 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 LINE 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 LINE 80 DEGREES 17 MINUTES FROM THE IMMEDIATELY PRECEDING DESCRIBED BOUNDARY, A DISTANCE OF 512.40 FEET ON THE WES FERLY BOUNDARY OF LOUISIANA AVENUE; THENCE WESTERLY ON A LINE 68 DEGREES 33 MINUTES FROM THE PREVIOUS IMMEDIATELY DESCRIBED BOUNDARY, SAID LINE BEING PARALLEL WITH THE SOUTHERLY BOUNDARY OF GOVERNMENT LOT 4, A DISTANCE OF 873.99 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 677.8 FEET SOUTH AND 160 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 AT THE 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 CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA. SAID 15 FOOT R.PAD 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 21- 40' 27" EAST, ALONG THE WESTERLY LINE OF LOUISIANA AVENUE, A DISTANCE OF 510.02 FEET TO A POINT, THENCE 2.) SOUTH 89 46' 1 V WEST, A DISTANCE OF 16.12 FEET TO A POINT, THENCE 3.) NORTH 21" 40' 27- WEST PARALLEL WITH THE WESTERLY LINE OF LOUISIANA AVENUE, A DISTANCE OF 503 70 FEET TO A POINT IN THE SOUTHERLY LINE OF PALMETTO AVENUE, THENCE 4.) NORTH 66' 42' 27" EAST ALONG THE SOUTHERLY LINE OF PALMETTO AVENUE, A DISTANCE + OF 15.01 FEET TO THE POINT OF BEGINNING. + �p Q CA Exhibit "B" SHUTTS & BOWEN ATTORNEYS AND COUNSELLORS AT LAW (A PARTNERSHIP INCLUDING PROFESSIONAL ASSOCIATIONS) 1500 MIAMI CENTER 201 SOUTH BISCAYNE BOULEVARD MIAMI, FLORIDA 33131 MIAMI (305) 358 -6300 BROWARD (954) 467 -8841 FACSIMILE (305) 381 -9982 May 8, 1997 Mr. Robert Masserelli City of Sebastian 1225 Main Street Sebastian, FL 32958 RE: Grace's Landing, Ltd. Dear Mr. Masserelli: r At the request of Bethany Carpenter, I am enclosing the original, Right -of -Way Deed recorded in connection with the above - captioned project. Please call me if you have any questions. Sincerely, Terry. . Fein Enc cc: Ms. Bethany Carpenter Brouse (w /Enclosure) MIA95 5640.1 - TBF /mn AMSTERDAM OFFICE KEY LARGO OFFICE LONDON OFFICE EUROPA BOULEVARD 59 OCEAN REEF CLUB 48 MOUNT STREET 1083 AD AMSTERDAM, 31 OCEAN REEF DRIVE LONDON W1Y 5RE ENGLAND THE NETHERLANDS SUITE A206, TELEPHONE 011- 44171 - 493 -4840 TELEPHONE 011 - 3120 - 661 -0969 OCEAN REEF PLAZA FACSIMILE 011- 44171 - 493 -4299 FACSIMILE 011- 3120 - 642 -1475 KEY LARGO, FLORIDA 33037 TELEPHONE (305) 367 -2881 ORLANDO OFFICE 20 NORTH ORANGE AVENUE SUITE 1000 ORLANDO, FLORIDA 32801 TELEPHONE (407) 423 -3200 FACSIMILE (407) 425 -8316 ( .�( WEST PALM BEACH OFFICE ONE CLEARLAKE CENTRE, SUITE 500 250 AUSTRALIAN AVENUE SOUTH WEST PALM BEACH, FLORIDA 33401 MAILING ADDRESS P. O. BOX 3555 WEST PALM BEACH, FLORIDA 33402 -3555 TELEPHONE (561) 835 -8500 FACSIMILE (561) 650 -8530