Loading...
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 � U sus S rdwr ter !-�mr i >$ r�r> u z I^ N l�.ur too FAULSON jy�fTCHF11 p.t oo �N[AttOl AT1D M��Mw 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) £'o Aiw rl {oa&so aaa-muuoa a AEMMES Eem wept .-m-= u.m OuGaa { { n SHOISIA9Y KO "C—►o► SOrOC tlO b1NYUV SOL 31MS 3 °N "ON 1NOW031d OOSf 1311-1 'S?OIA -IaS JLLTV�I 3�IZVITTV 'u AIN= NMIN wiv Nvu5v83S 3o A to ; m or 3OWN Wos Ir 4mwo1 $Z Nollm MWISVORS do saflaoHS �6d Z 'z s a a x rl 1 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) o '�t7 i • #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 -: A ,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) 337366.1 X 14- -r-z i i U Z,y� y WeNn.�s t Z f/1 V Twl- A- MLSON s0 Ib 7 r KAU � C O r � > ,;. > r 3. y