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HomeMy WebLinkAbout1992 06 02 Utilities Easements correspondenced City of Sebastian POST OFFICE BOX 780127 ❑ SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 ❑ FAX (407) 589-5570 M E M O R A N D U M DATE: June 2, 1992 TO: Daniel C. Eckis, P.E. FROM: Robert S. McClary 6� RE: General Development Utilities, Inc. Enclosed is a letter from GDU dated, May 22, 1992, requesting easements from the City to GDU for properties that we recently acquired from General Development Corporation. Please review these matters at your earliest convenience, including a field inspection. If everything is in order, I ask you then to transmit these documents to the City Attorney (with copy of your transmittal letter to me) so that he may prepare the appropriate Resolution or Ordinance to effect the necessary easements. /jmt Enclosure General Development Utilities, Inc. Gnu A General Development Corporation Subsidiary PORT MALABAR, SEBASTIAN HIGHLANDS, SILVER SPRINGS SHORES, JULINGTON CREEK DIVISIONS (407) 723-2877 5240 BABCOCK STREET N.E.. PALM BAY. FLORIDA 32905 May 21, 1992 Mr. Robert McClary, City Manager City of Sebastian Post Office Box 780127 Sebastian, Florida 32978-0127 Re: Utility Easements Dear Mr. McClary: It has come to our attention that two of our sanitary sewer lift stations, and a portion of a third, are located on lands which were recently acquired by the City of Sebastian. A search of Indian River County records revealed no recorded easements for subject lift stations, and consequently we are herewith forwarding three sets of easement documents to you. Please sign the easements and return them to my attention at your earliest convenience. We will have the documents recorded and subsequently provide you with copies for you records. Should you have any comments or questions, please do not hesitate to call me. Thank you for you anticipated cooperation. Sincerely, un an Operations Manager FS/fs pc: File OW N E R S H I R a E N C U M B R A N C E CERT 1 F 1 CAT E Issued by A T L A N T I C CO A S T A L T I T L E C O R P O R A T I O N 936 47th Avenue, Vero Beach, Florida 32966 Telephone - (407) 569-4364 Re: City of Sebastian, a Florida corporation ACTC File: 29923801 This is to certify that a careful and diligent search of the Public Record as to the land hereinafter identified, to wit: Tract K, SEBASTIAN HIGHLANDS, UNIT 17, according to the Plat thereof, as recorded in Plat Book 8, at Page 46, of the Public Records of Indian River County, Florida. was conducted beginning March 30, 1992 at 8:00 AM and continuing through 5:00 PM on the certification date given below; and it was found that title to the land hereinabove described was apparently vested in "City of Sebastian, a Florida corporation" by virtue of that certain instrument recorded in O. R. Book 928, at Page 2018; and it appears by virtue of a reference in that instrument (or by instrument recorded subsequent thereto) that subject land was encumbered by: Nothing Apparent! No other matters were discovered during the period searched that appear to remain as an encum- brance upon the land. Real property taxes for the year 1991 were found to be Paid in the gross amount of $0.00. No search for special assessments was made. This certificate does not obligate the Company to insure title to the land described herein, nor does it intend to make any representation as to the insurability or marketability thereof or to the legal sufficiency of any instrument referred to herein. The Company's liability hereunder is limited solely to the amount actually paid for this certificate, and is void except as to the entity to whom originally issued. Certified to General Development Utilities, I o— as'Df_,May 8, 1992. Leonard L.Sp ler, Jr. President d:\binder\rl0v.doc (d:\binder\v3.doc) [Issued May 13, 1992 - Page 1] OW N E R S H 1 P CERT I F I CAT E Issued by .4-11-11--AN-T- I C C O A S T A L T I T L E C O R P O R A T I O N 936 47th Avenue, Vero Beach, Florida 32966 Telephone - (407) 569-4364 Re: City of Sebastian, a Florida Municipal Corporation ACTC File: 29923799 This is to certify that a careful and diligent search of the Public Record as to the land hereinafter identified, to wit: Tract P, SEBASTIAN HIGHLANDS, UNIT 16, according to the Plat thereof, as recorded in Plat Book 8, at Page 45, of the Public Records of Indian River County, Florida. was conducted beginning at 8:00 AM and continuing through 5:00 PM on the certification date given below; and it was found that title to the land hereinabove described was apparently vested in "City of Sebastian, a Florida Municipal Corporation" by virtue of that certain instrument recorded in 0. R. Book 928, at Page 2018; and it appears by virtue of a reference in that instrument (or by instrument recorded subsequent thereto) that subject land was encumbered by: Nothing Apparent! No other matters were discovered during the period searched that appear to remain as an encum- brance upon the land. Real property taxes for the year 1991 were found to be Paid in the gross amount of $0.00. No search for special assessments was made. This certificate does not obligate the Company to insure title to the land described herein, nor does it intend to make any representation as to the insurability or marketability thereof or to the legal sufficiency of any instrument referred to herein. The Company's liability hereunder is limited solely to the amount actually paid for this certificate, and is void except as to the entity to whom originally issued. Certified to General Development Utilitie nc. as o -f) May 8, 1992. Leonardo�tsl angler, Jr. Presid d:\binder\rl0v.doc (d:\binder\v3.doc) [Issued May 13, 1992 - Page 1] OW N E R S H I P & E N C U M B R A N C E CERT 1 IF I CATS Issued by A T L A N T I C C O A S T A L T I T L E C O R P O R A T I O N 936 47th Avenue, Vero Beach, Florida 32966 Telephone - (407) 569-4364 Re: City of Sebastian, a Florida Municipal Corporation ACTC File: 29923798 This is to certify that a careful and diligent search of the Public Record as to the land hereinafter identified, to wit: Tract R, SEBASTIAN HIGHLANDS, UNIT 17, according to the Plat thereof, as recorded in Plat Book 8, at Page 46, of the Public Records of Indian River County, Florida. was conducted beginning March 30, 1992 at 8:00 AM and continuing through 5:00 PM on the certification date given below; and it was found that title to the land hereinabove described was apparently vested in "City of Sebastian, a Florida Municipal Corporation" by virtue of that certain instrument recorded in O. R. Book 928, at Page 2018; and it appears by virtue of a reference in that instrument (or by instrument recorded subsequent thereto) that subject land was encumbered by: Nothing Apparent! No other matters were discovered during the period searched that appear to remain as an encum- brance upon the land. Real property taxes for the year 1991 were found to be Paid in the gross amount of $0.00. No search for special assessments was made. This certificate does not obligate the Company toinsure title to the land described herein, nor does it intend to make' any' representation as to the insurability or marketability thereof or to the legal sufficiency of any instrument referred to herein. The Company's liability hereunder is limited solely to the amount actually paid for this certificate, and is void except as to the entity to whom originally issued. Certified to General Development Utilities, In 8, 1992. Leonard L. angler, Jr. Pres iden d:\binder\r10v.doc (d:\binder\v3.doc) [Issued May 13, 1992 - Page 1] 2. All laws, ordinances, regulations, restrictions, prohibitions and other requirements imposed by governmental authority, including, but not limited tc all applicable building, zoning, land use and environmental ordinances and regulations. 3. Easements, conditions, restrictions, matters, limitaticne ane reservations of record, without hereby reimposing the same. 4. Matters which would be disclosed by an accurate survey of the Property. TO ZhT: AND TO HOLD unto Grantee and Grantee's successors and assigns in fee simple forever. Grantor hereby specially warrants the title to the Property, subject to the foregoing matters, and will defend the same against the lawful claims of all persons claiming by, through or under Grantor, but against no others. IN 1ITNE88 WZZRZOF, Grantor has executed this Deed on the day and year first above written. Signed, sealed and delivered in the presence of: Fifinted N as%a Atd.�f,.a Wil �7/V N DOC ME:TARY STAMPS: •40 JEFFREY K. BARYON. UERK GENERAL DEVELOPMENT CORPORATION, a Delaware corporation, as debtor-in-possession under Bankruptcy Court Case No. 90-12231-BKC- C instrument prepared ay and return to: 0 By: Gary a. Fro", Esquire, ice�President FRESE, FAIJACE, NASH i TORPY, P.A. RECORD VERIFIED 01 . Bayshore Drive dip iami, FL 33133 930 S. Harbor City Blvd., #505 JEFFREY K. BARTON .• a Melbourne, FL 32901 CLERK CIRCUIT COURT INDIAN RIVER CO.. FLA Tun DEED is made as of the �� day of March, 1992, between GENERAL DEVELOPMENT CORPORATION, a Delaware corporation, as debtor- ..1 in -possession under U.S. Bankruptcy Court Case No. 90 -12231 -BICC- W AJC, whose address is 2601 South Bayshore Drive, Miami, Florida — 33131 ("Grantor"), and CITY OF SEBASTIAN, a municipal corporation t organised under the laws of the State of Florida, whose address is 1225 Main Street, Sebastian, Florida 32958 ("Grantee"). • • I T N s• a s T Rt Grantor, for and in consideration of the sum of Ten Dollars C, ($10.00) and or -her valuable consideration paid by Grantee, the receipt and sufficiency of which is hereby acknowledged, has granted, bargained and sold, and by these presents does grant, bargain and sell, to Grantee, and grantee's successors and assigns forever, the following property located in Indian River County, s Florida (the "Property"), to wit: w See Exhibit "A" attached hereto and by this reference made a part hereof a YQbTECT TO i r ?�' a N N 1. Ad valorem real estate taxes for 1992 and subsequent years. 2. All laws, ordinances, regulations, restrictions, prohibitions and other requirements imposed by governmental authority, including, but not limited tc all applicable building, zoning, land use and environmental ordinances and regulations. 3. Easements, conditions, restrictions, matters, limitaticne ane reservations of record, without hereby reimposing the same. 4. Matters which would be disclosed by an accurate survey of the Property. TO ZhT: AND TO HOLD unto Grantee and Grantee's successors and assigns in fee simple forever. Grantor hereby specially warrants the title to the Property, subject to the foregoing matters, and will defend the same against the lawful claims of all persons claiming by, through or under Grantor, but against no others. IN 1ITNE88 WZZRZOF, Grantor has executed this Deed on the day and year first above written. Signed, sealed and delivered in the presence of: Fifinted N as%a Atd.�f,.a Wil �7/V N DOC ME:TARY STAMPS: •40 JEFFREY K. BARYON. UERK GENERAL DEVELOPMENT CORPORATION, a Delaware corporation, as debtor-in-possession under Bankruptcy Court Case No. 90-12231-BKC- C 0 By: W ice�President CO 01 . Bayshore Drive -p iami, FL 33133 .• N CD CO 2 %o m O N CO -v G7 N CD to STA Or r1A RID& ) courm or Dias ) • fte foregoing instruasat was aclawwledq e or me this OM day of March, 1992, by G14DJ. PFERSICH, as President of GMUMAL DCVELDPNZW CORPORATION, a Delaware corporation, as debtor -la -possession under O.S. Bankruptcy Court Case Noy, 90- 12231 -BLL` -LTC, on behalf of said o ration. He is personally known to me or bas produced 1( as identification and did not take an Datta. my Ooissioo mcpires: � z 'I. State of rid& at Large 2 %o m O N CO -v G7 N CD to TSI! .a. PARCEL 1: Lot 2, Block 12 and Tract C, adjacent to Block 41; Tract D, adjacent to Block 21; Tract E, adjacent to Block 17; Tract F, adjacent to Block 14; Tracts H and I, adjacent to Block 12, SEMSTIAN HIGHLANDS, according to the plat thereof as recorded in Plat Book 5, Pages 14 and 15, of the Public Records of Indian River County, Florida. PARCEL 2: Tract O, adjacent to Block 65, SEBASTIAN HIGHLANDS, UNIT 2, according to the plat thereof as recorded in Plat Book 5, Page 34, of the Public Records of Indian River. County, Florida. PARCEL 3: Tract Y, adjacent to Block 121, SEBASTIAN HIGHLANDS, UNIT 4, according to the plat thereof as recorded in Plat Book 5, Page 100, of the Public Records of Indian River County, Florida. PARCEL 4: All of Block 193 and Tract C, Block 223, SEBASTIAN HIGHLANDS, UNIT 8, according to the plat thereof as recorded in Plat Book 6, Page 9, of the Public Records of Indian River County, Florida. PARCEL 5: All of Blocks 268 and 300 and Tract A, Block 211; Tract B, Block 267 and Tract C, Block 264, SEBASTIAN HIGHLANDS, UNIT 10, according to the plat thereof as recorded in Plat Book 6, Page 37, of the Public Records of Indian River County, Florida. PARCEL 6: Lot 19, Block 364; Lot 12, Block 365; Tracts A and B, adjacent to Block 282; Tract C, adjacent to Block 372; Tract D, and Tract E, Block 347. SEBASTIAN HIGHLANDS, UNIT 11, according to the plat thereof as recorded in Plat Book 7, Page 56, of the Public Records of Indian River County, Florida. PARCEL 7: Tracts A and Tract B, SEBASTIAN HIGHLANDS, UNIT 13, according to the plat thereof as recorded in Plat Book 7, Page 82, of the Public Records of Indian River County, Florida. PARCEL 8: Tract D, Block 333, SEBASTIAN HIGHLANDS, UNIT 13, according to the plat thereof as recorded in Plat Book 7, Page 82, of the Public Records of Indian River County, Florida; LESS AND EXCEPT those portions conveyed in Official Record Book 524, Page 416; official Record Book 530, Page 465 and Official Record Book 539, Page 525, Public Records of Indian River County, Florida. PARCEL 9: Tract B, adjacent to Block 507, SEBASTIAN HIGHLANDS, UNIT 14, according to the plat thereof as recorded in Plat Book 8, Page 43, of the Public Records of Indian River County, Florida. PARCEL los Tract G, adjacent to Block 468, SEBASTIAN HIGHLANDS, UNIT 15, according to the plat thereof as recorded in Plat Book 8, Page 44, of the Public Records of Indian River County, Florida. PARCEL 11: Tract P, adjacent to Block 560; Tracts F., S and T, adjacent to Block 559, SEBASTIAN HIGHLANDS, UNIT 16, according to the plat thereof as recorded in Plat Book 8, Page 45, of the Public Records of Indian River County, Florida. PARCEL 12: Lots 1 to 11, inclusive, Block 449; Lots 1, 2, 3 and 4, Block 451; Lots 11 and 12, Block 462; Lots 4, 6, 7, 8, 11, 12, 13, 14, 15, 16, 17 and 18, Block 570; Lots 1, 2, 3, 4, 5, 6, 7, 9, 10, 11, 12, 13, 14, 15, 16, 19 and 20, Block 578; Lots 12, 13, 14, 19, 20 and 21, Block 579; Lots 1, 2, and 3, Block 580; and Lots 4 and 5, Block 589; SEBASTIAN HIGHLANDS, U11IT 17, according to the plat thereof as recorded in Plat Book 8, Page 46, of the Public Records of Indian River County, Florida. PArCZL I!: Tract A, Block 441; Tract B, adjacent to Block 445; Tracts H and I, Block 574; Tract R, adjacent to Block 588; Tract M, adjacent to Block 599; Tract 0, adjacent to Block 593; The Westerly 115 feet of Tract P, adjacent to Block 602; Tract Q, adjacent to Block 604; Tract R, adjacent to Block 613; Tract S, adjacent to Block 616; Tract T, Block 606; Tract U, Block 598; 0 O to N CO N O N O Tract V. Block 599; Tract U, Block 595; Tract X, Block 462 and Tract Y, Block 560, SEBASTIAN HIGHLANDS, UNIT 17, according to the Plat thereof as recorded in Plat Book 8, Page 46, of the Public Records of Indian River County, Florida. • PARCEL 14: A portion of Section 18, Township 31 South, Range 39 East, lying in Indian River County, being bounded as follows: On the West and North by the southerly and a portion of the easterly lines of the lands described in a Warranty Deed recorded in Official Records Book 818, at Page 341 of the Public Records of Indian River County, Florida, and also On the South and West by the edstarly boundary lane of the plat of SEBASTIAN HIGHLANDS, UNIT - 16, as recorded in Plat Book 8, Page 45, Public Records of Indian River County, Florida; On the East by the westerly line of the plat of REPLAT OF PORTIONS OF SEBASTIAN HIGHLANDS -UNIT 9, as recorded in Plat Book 7, at Page 2 of the Public Records of Indian River County, Florida, and the westerly line (labeled westerly face of existing bulkhead) of Exhibit "B" of a Quit Claim Deed as recorded in Official Record Book 346, at Page 499 of the rublic Records of Indian River County, Florida, and the westerly limit of BAILEY DRIVE as shown on the plat of SEBASTIAN HIGHLANUS- UNIT 9, as recorded in Plat Book 6, at Page 36, of the Public Records of Indian River County, Florida and a portion of the easterly line of said Official Records Book 818, at Page 341, all as recorded in the Public Records of Indian River County, Florida. PARCEL 15: Lake Hardee, as shown on the Plats of SEBASTIAN HIGHLANDS -UNIT 2 as recorded in Plat Book 5, Page 34, and SEBASTIAN HIGHLANDS -UNIT 4, as ranorded in Plat Book 5, Page 100, both of the Public Records of Indian River County, Florida, being further described as follows: Those portions of Sections 11 and 12, Township 31 South, Range 38 East, bounded on the southerly side by LAKE DRIVE; on the Easterly side by the westerly line of Lots 1 to 9, inclusive, of said UNIT 2 and Lots 10, 11 and 12 of said UNIT 4, both of Block 73 as shown on both said plats; on the westerly side by "HARDEE PARK" conveyed in Official Records Book 724, Page 1020, of the Public Records of Indian River County, Florida; and on the northerly side by the northeasterly and southeasterly block line of Block 120 (being the northeasterly and southeastly lot lines of Lots 1, 2 and 3, of said Block 120) of said UNIT 4 and the southeasterly Right of Way line of that certain Drainage Right of Way lying Northwesterly of said Blocks 73 and 120, both of said UNIT 4. All lying and being in the City of Sebastian, Indian River County, Florida. RITURN THIS INSTRUMENT, TO: THIS INSTRUMENT WAS PREPARED BY: General Development Utilities, Inc. Marcia H. Langley, Esq. 5240 Babcock Street, NE, Suite 201 2601 South Bayshore Drive Palm Bay, Florida 32905 Miami, Florida 33133-3461 GRANT OF EASEMENT KNOW ALL MEN BY THESE PRESENTS that the CITY OF SEBASTIAN, a Florida Municipal Corporation, having its principal place of business at P.O. Box 780127, Sebastian, F1. 32978, hereinafter called "Grantor", in consideration of the sum of TEN DOLLARS ($10.00) and other valuable considerations, receipt of which is hereby acknowledged, does hereby grant to GENERAL DEVELOPMENT UTILITIES, INC., having its principal place of business at 2601 South Bayshore Drive, Miami, Florida 33131, hereinafter called "Grantee", and to its successors and assigns, an easement to be used for ingress and egress and for the construction, maintenance and repair of utility facilities, over, upon, across and through the described lands of the Grantor, situated in the County of Brevard and State of Florida, and more particularly described in Exhibit "A", attached hereto and made a part hereof. The Grantor, however, reserves the right and privilege to use the above-described easement for all purposes except as herein granted or as might interfere with Grantee's use, occupation or enjoyment thereof, or as might cause a hazardous condition. To the extent permitted by law, Grantor harmless from all loss, costs which may be sustained by Grantor wi corporation, property, or chattels on easement area itself, resulting from Grantee, its invitees, employees, and the easement area as described above. Grantee agrees to indemnify and hold or damage, including attorney's fees :h respect to any person or persons, or about the easement area, or to the the negligent acts or omissions of agents in connection with the use of In the event that Grantee, its employees, agents or contractors, etc., cause damage to the property of the Grantor in the exercise of the privilege granted in this easement, Grantee agrees to restore any property so damaged to its original condition. Should Grantee remove or abandon the use of its facilities, or fail for any reasonable period of time to exercise its rights herein granted, then in that event all rights and privileges hereunder shall cease and the easement privileges and rights herein granted shall revert to the Grantor. This is a non-exclusive easement, the Grantor reserving to itself and its successors or assigns the right to grant easements over the subject property for other purposes. IN WITNESS WHEREOF, the Grantor has executed this Grant of Easement this day of . 1992. Signed, Sealed and Delivered in the presence of: WITNESSES: Print Name: Print Name: STATE OF FLORIDA COUNTY OF )ss. GRANTOR: Print Name: Address: The foregoing instrument was acknowledged before me this day of 1992, by 'the _ of the City of Sebastian, a Florida Municipal Corporation, on behalf of that corporation. He/She is personally known to me or has produced as identification and did (did not) take an oath. My Commission Expires: Notary Public Commission Number SKETCH TO ACCOMPANY LEGAL DESCRIPTION NOT A BOUNDARY SURVEY A>e,>/AIT of 06'51AIA//N6- NO-erNE.�15'T C'c�ivE.e of 7 ZAGT 9S -.95r so.00 Z,V0,e7?V L/NE OF TRACT 'i E' ' �` " L I 750 SQ FEET PgegLLEG (n//Ty ,2/GNT� GVES SO.�' SINLIMANN O.�/(ice' P/,;PgLLEL /.t//TH Tek—r TiQi9CT �K " 0 ku SURVEYOR'S NOTES: w 1. O - Denotes change of direction only - no corners found or set. 2. The bearings shown hereon are based on the West right of way line of Schumann Drive bearing South, per plat. ExO11- LEGAL DESCRIPTION: An easement for the installation and maintenance of a sanitary sewer lift station, being a portion of TRACT "W', SEBASTIAN HIGHLANDS UNIT - 1 7, according to the plat thereof as recorded in Plat Book B, Pages 46, 46A through 46P of the Public Records of Indian River County, Florida, and being more Particularly described as follows: Begin at the Northeast corner of said TRACT "K"; thence South, along the East line of said TRACT "K" and along the West right of way line of Schumann Drive Ian BO.00 foot wide right of way as shown on said plat) a distance of 15.00 feet; thence West, parallel with the North line of said TRACT "K", a distance of 50.00 feet; thence North, Parallel with the West right of way line of said Schumann Drive, a distance of 15.00 feet, to a point on the North line of said TRACT "K"; thence East along said North line, a distance of 50.00 feet, to a point on the West right of way line of said Schumann Drive and the POINT OF BEGINNING; Containing 750 square feet, more or less. 4 LLEN ngineering,Tne. ENGINEERS - SURVEYORS 108 DIXIE LANE (P.O.BOX 321321) COCOA BRACH, FLORIDA 32932-1321 407/783-7443 SHEET / OF / SURVEYOR'S CERTIFICATION: I HEREBY CERTIFY THE ATTACHED PROPERTY DESCRIPTION WAS PREPARED UNDER MY _ 019ECTION, IN ACCORDANCE WITH THE "M1N1MUM T, ICAL STANDARDS" FOR SURVEYS,-%DnCRIBE .. IN %CNAPTER 21 HH -6, FLORIDA ADM/N/SIVE CflD,E,4 PURSUANT TO CHAPTER 472.027, FL.`bf 0k— SMTU,L- ALLSN=`EN RMdG,r ' ave t .� • �����' .�1 ' 1 NOT VALID UNLESS RrJBE ?� M;/ YON EMBOSSED WITH PRO'S`E l A "ON-D".SURVEYOR 2. SURVEYOR'S SEAL STATE 16F`—FLORIDA, NO. 4262 J. 4 PREPARED AND CERTIFIED FOR: DATE. //�/�Z DRAWN BY: KAS GE/UE�9L �1/EL��MENT (/T/L/T/Es JOB NO. ISCALE.• / "= 30' ty. RETURN THIS INSTRUMENT TO: General Development Utilities, Inc. 5240 Babcock Street, NE, Suite 201 Palm Bay, Florida 32905 GRANT OF EASEMENT THIS INSTRUMENT WAS PREPARED BY: Marcia H. Langley, Esq. 2601 South Bayshore Drive Miami, Florida 33133-3461 KNOW ALL MEN BY THESE PRESENTS that the CITY OF SEBASTIAN, a Florida Municipal Corporation, having its principal place of business at P.O. Box 780127, Sebastian, Fl. 32978, hereinafter called "Grantor", in consideration of the sum of TEN DOLLARS ($10.00) and other valuable considerations, receipt of which is hereby acknowledged, does hereby grant to GENERAL DEVELOPMENT UTILITIES, INC., having its principal place of business at 2601 South Bayshore Drive, Miami, Florida 33131, hereinafter called "Grantee", and to its successors and assigns, an easement to be used for ingress and egress and for the construction, maintenance and repair of utility facilities, over, upon, across and through the described lands of the Grantor, situated in the County of Brevard and State of Florida, and more particularly described in Exhibit "A", attached hereto and made a part hereof. The Grantor, however, reserves the right and privilege to use the above-described easement for all purposes except as herein granted or as might interfere with Grantee's use, occupation or enjoyment thereof, or as might cause a hazardous condition. To the extent permitted by law, Grantee agrees to indemnify and hold Grantor harmless from all loss, costs or damage, including attorney's fees which may be sustained by Grantor with respect to any person or persons, corporation, property, or chattels on or about the easement area, or to the easement area itself, resulting from the negligent acts or omissions of Grantee, its invitees, employees, and agents in connection with the use of the easement area as described above. In the event that Grantee, its employees, agents or contractors, etc., cause damage to the property of the Grantor in the exercise of the privilege granted in this easement, Grantee agrees to restore any property so damaged to its original condition. Should Grantee remove or abandon the use of its facilities, or fail for any reasonable period of time to exercise its rights herein granted, then in that event all rights and privileges hereunder shall cease and the easement privileges and rights herein granted shall revert to the Grantor. This is a non-exclusive easement, the Grantor reserving to itself and its successors or assigns the right to grant easements over the subject property for other purposes. IN WITNESS WHEREOF, the Grantor has executed this Grant of Easement this day of , 1992. Signed, Sealed and Delivered in the presence of: WITNESSES: Print Name: Print Name: STATE OF FLORIDA COUNTY OF 1 )ss. The foregoing instrument , 1992, by GRANTOR: Print Name: Address: was acknowledged before me this of the City of Sebastian, Corporation, on behalf me or has produced _ (did not) take an oath. My Commission Expires: of that corporation. He/She as day of the a Florida Municipal is personally known to identification and did Notary Public Commission Number LEGAL DESCRIPTION LEGAL DESCRIPTION: /-/s �a An easement for the installation and maintenance of a sanitary sewer lift station, being a portion of TRACT "P", SEBASTIAN HIGHLANDS UNIT - 16, according to the plat thereof as recorded in Plat Book 8, Pages 45, 45A through 45J of the Public Records of Indian River County, Florida, and being more particularly described as. follows: Commence at the Northeast corner of Lot 1, Block 560, as shown on said plat; thence N 10°00'00" W, along the West right of way line of Kildare Drive (a 50.00 foot wide right of way as shown on said plat) and along the East line of said TRACT "P", a distance of 25.62 feet, to the POINT OF BEGINNING of the herein described easement; thence continue, N 10°00'00" W, along said right of way line and along said East line, a distance of 48.70 feet, to the point of curvature of a curve, concave Southwesterly, having a radius of 25.00 feet and a central angle of 80'00'00"; thence Northerly, Northwesterly, and Westerly, along the arc OF said curve to the left, a distance of 34.91 feet, to a point on the South right of way line of High Court (a 50.00 foot wide right of way as shown on said plat) and a point on the North 1 i ne of said TRACT "P", said point being a point of tangency of said curve; thence West, along said South right of way line and along the North line of said TRACT "P", a distance of 29.79 feet; thence S 10"00'00" E, parallel with the West right of way of said Kildare Drive, a distance of 74.96 feet; thence N 84°02'50" E, a distance of 50.12 feet, to the POINT OF BEGINNING; Containing 352-8 square feet, more or less. NOTE: See Sheet 2 of 2 for Sketch to Accompany Legal Description and Surveyor's Notes. I� LEN' SURVEYOR'S CERTIFICATION: I11Il C I'1 X19 1 Inc. 1 hereby certify the attached property description was prepared under my direction, in accordance with the ENGINE;EHS — SIIRVF;Y01tS "Minimum Technical Standards" for surveys, described 106 DIXIE IANE (11.0.11OX 121121) in Chapter 211111-6, Florida Administrative Code, pursuant COCOA IIFACII, FLORIDA 12932-1121 to Chapter 472.027, Florida Statu;tes'.' 407/703-7443 _ ALJA�q ENGI ING, SHEET Y OF Z B ROB' -- ------- Not valid unless embossed I ROFE,SSI� AND SURVEYOR �. with Surveyor's seal STATE O F RIDA, NO. 4262 PRF-IMMI-0 ANO U.P1111U) [OR: 4. D/lrr: DRAWN M.. SKETCH TO ACCOMPANY LEGAL DESCRIPTION NOT A BOUNDARY SURVEY t-.s-►�� C1�1� --0; 10 42F- WIIS`( ��E cy;- I.11�1_l crxaeT ti�-rt�. U r�E ot✓ � rF-'fiC`r P �-T- W CST oc� eDc 3 � no SURVEYOR'S NOTES: 1. O - Denotes change of direction only - no corners found or set. 2. The bearings shown hereon are based on the West right of way line of Kildare Drive bearing N10°00'00"W, per plat. LEN3. See Sheet 1 of 2 for Legal Description and Surveyor's Certification. ngineering,Ine. ENGINEERS - SURVEYORS 108 DME LANE (P.O.BOY 321321) COCOA BEACH. FLORIDA 32932-1321 407/783-7443 SHEET 2 OF 2 L4. DA TF cZe DRAWN HK L' .17. C. JOH N0.�2CJp�{9 SCAI-F.• P L PARE. D AND CERTIFIED FOR: RETURN THIS INSTRUMENT T0: General Development Utilities, Inc. 5240 Babcock Street, NE, Suite 201 Palm Bay, Florida 32905 GRANT OF EASEMENT THIS INSTRUMENT WAS PREPARED BY: Marcia H. Langley, Esq. 2601 South Bayshore Drive Miami, Florida 33133-3461 KNOW ALL MEN BY THESE PRESENTS that the CITY OF SEBASTIAN, a Florida Municipal Corporation, having its principal place of business at P.O. Box 780127, Sebastian, Fl. 32978, hereinafter called "Grantor", in consideration of the sum of TEN DOLLARS ($10.00) and other valuable considerations, receipt of which is hereby acknowledged, does hereby grant to GENERAL DEVELOPMENT UTILITIES, INC., having its principal place of business at 2601 South Bayshore Drive, Miami, Florida 33131, hereinafter called "Grantee", and to its successors and assigns, an easement to be used for ingress and egress and for the construction, maintenance and repair of utility facilities, over, upon, across and through the described lands of the Grantor, situated in the County of Brevard and State of Florida, and more particularly described in Exhibit "A", attached hereto and made a part hereof. The Grantor, however, reserves the right and privilege to use the above-described easement for all purposes except as herein granted or as might interfere with Grantee's use, occupation or enjoyment thereof, or as might cause a hazardous condition. To the extent permitted by law, Grantee agrees to indemnify and hold Grantor harmless from all loss, costs or damage, including attorney's fees which may be sustained by Grantor with respect to any person or persons, corporation, property, or chattels on or about the easement area, or to the easement area itself, resulting from the negligent acts or omissions of Grantee, its invitees, employees, and agents in connection with the use of the easement area as described above. In the event that Grantee, its employees, agents or contractors, etc., cause damage to the property of the Grantor in the exercise of the privilege granted in this easement, Grantee agrees to restore any property so damaged to its original condition. Should Grantee remove or abandon the use of its facilities, or fail for any reasonable period of time to exercise its rights herein granted, then in that event all rights and privileges hereunder shall cease and the easement privileges and rights herein granted shall revert to the Grantor. This is a non-exclusive easement, the Grantor reserving to itself and its successors or assigns the right to grant easements over the subject property for other purposes. IN WITNESS WHEREOF, the Grantor has executed this Grant of Easement this day of , 1992. Signed, Sealed and Delivered in the presence of: WITNESSES: Print Name: Print Name: STATE OF FLORIDA COUNTY OF )ss. The foregoing instrument , 1992, by GRANTOR: Print Name: Address: was acknowledged before me this day of the of the City of Sebastian, a Florida Municipal Corporation, on behalf of that corporation. He/She is personally known to me or has produced as identification and did (did not) take an oath. My Commission Expires: Notary Public Commission Number LEGAL DESCRIPTIONS LEGAL DESCRIPTION: An easement for the installation and -maintenance of a sanitary sewer lift station, being a portion of TRACT "R", SEBASTIAN HIGHLANDS UNIT - 1 7, according to the plat thereof as recorded in Plat Book G, Pages 46, 46A through 46P of the Public Records of Indian River County, Florida, and being more Particularly described as follows: Begin at the Southwest corner of said TRACT "R"; thence North, along the West line of said TRACT "R" and along the East right of way 1 i ne of Caprona Street la 50.00 foot wide right of way as shown on said plat) a distance of 40.00 feet; thence East, parallel with the South line of said TRACT "R", a distance of 60.00 feet; thence South, parallel with the East right of way 1 i ne of said Caprona Street, a distance of 40.00 feet, to a point on the South line of said TRACT "R"; thence West, along said South line, a distance of 60.00 feet, to the POINT OF BEGINNING; Containing 2400 square feet, more or less. n NOTE: See Sheet 2 of 2 for Sketch to Accompany Legal Description and Surveyor's Notes. Xi E N . ngincering,lne. FNGINF;F;HS - Sl1HYUY016 106 DIXIE LANE (1'.0.1101 121121) COCOA BRACH. P1.011IDA 12912-1321 407/70:1-7441 SHEEN 1 OF e L JOHAWN V ;CSI/ V. SURVEYOR'S CERTIFICATION: I hereby certify the attached property description was prepared under my direction, in accordance- Willi the "Minimum Technical Standards" for surveys, described in Chapter 21HI-1-6, Florida Administrative,C©de,;pursuant to Chapter 472.027, Florida Statutes. .. ALLEN EN E 16, N B Y: / ; - - L,,0OffE#f PA. S L40 Not valid unless embossed PROFESSIO Al_ LND SURVEYOR with Surveyor's seal STATE bit LO F DA, NO. 4262 �1 f" PRI- r 'AR1.0 AND Cr ialf- ico SKETCH TO ACCOMPANY LEGAL DESCRTPTTnN W W NOT A BOUNDARY SURVEY jc�5`- - Px.�CN; Get 3 h It 2it i - N �P� I i �� ti•/I-r�-L ��1-r-r_l �I ti1c Ed -ST Com. �' 8 F2L�l l_El- WIC 2161 �`[' C)F ��f 3 U KJE C� C&P'RC-)IJ,�s- STREET U lel E GF-- '(1�✓� CT 2 WEST Coo. Com' �5 -- — — Ca' I=. c.l . e, rte.— Fr��l ►,..1T G7� C� EG 11,101 NJ<2c SC��1`TC.�WES'T CL�2�.� t SURVEYOR'S NOTES: 1. O - Denotes change of direction only - no corners found or set. 2. The bearings shown hereon are based on the East right of way line of Caprona Street bearing North, per plat. 3. See Sheet 1 of 2 for Legal Description and Surveyor's Certification. LLEN nglneering,Inc. ENGINEERS — SURVEYORS 106 DME LAWS (F.O.BOY 321321) COCOA BEACH, FLORIDA 32932-1321 407/763-7443 SHEET 2 OF 2 4. l TE.• 3— 4C9 — Cb2 DIM WN BY.• rB NO.�J2�fl ;CALF.• i �� PREPARED AND CERTIFIED FOR: