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Home My WebLink AboutSJRWMD-COCC - Permanent Access Easement - Recorded 10-22-2018CFN2018235892,0R BK 8290 PAGE 2136, Recorded 10/22/2018 at 11 :01 AM , Scott Ellis, Clerk of Courts, Brevard County # Pgs:4 PERMANENT ACCESS EASEME T Return original or cenilied recorded documenl to: St. Johns River Water Mana!!cmcnt District 525 525 Communitv Colleee Parkwav. S.E. Palm Bav. Florida 32909 THIS EASEMENT is given this J 8tb day of October . 20...1.8..... by the Citv of Cape Canaveral c-Grnntor""), whose mailing address is P.O. Box 316. Cape Canaveral. FL 32920. to St. Johns River Water Mana!!cmcnt District (""Grnntec··). As used herein. the tenn -Grantor"' shall include any and all heirs. successors or assigns of the Granlor. and all subsequent owners of the ··Property·· (as hereinafter defined) and the tenn ··Grantee .. shall include any successor or assignee of Grantee. WJTNESSETH WHEREAS, Grantor is lhe fee simple owner of certain lands situated in Brevard County. Florida. and more specifically described in Exhibil "A" attached hereto and incmporn1cd herein (the "Propcny"): and \\'HEREAS, Grantor has agreed 10 gmm nnd convey 10 Grantee, ll pcnnanent non-exclusive access easement m·er. on. upon. and across lhc Propcny for the spccilic and limited purposes set fonh herein. NO\\', THEREFORE. in consider.Ilion or 1h1: mutual cm·enants. promises, tcnns and conditions sel fonh hcrdn. to,gether with other good and valuable considcr:uion provided 10 Gran1or. the adequacy and receipt of which arc hereby acknowledged. Grantor hereby voluntarily grants. creates. conveys. and establishes a perpetual casement for and in favor or ( lm111cc upon 1he Propert~ described on Exhibit ··A·· which shall run with the land and be binding upon 1he Grnntor. ·111e scope. n:1ture. and chamcter of this Easement shall be as frillows: I. Recitals. 1l1e recitals herein arc trnc ,md correct aml are hereby incorporated into and made n part of this Easement. , PumoS\!. II is the purpose of this Easement ll) grant a pcnnanent non-exclusive access casement over, on, upon. and ;1cross the Propcny for the purpose of vehicular and pedestrian ingress and egress 10 and from certain real property nnd related appurtenances in the vicinity of the Property. 3. No Dedication. No right or access by the general public to any portion of the Property is conveyed by this Easement. 4. Grnnlec's Liabilitv. Gr:1111cc·s liability is limited as provided in Subsection 704.06( 10) and Section 76S.2S. F.S. Additionally. Grantee shall not be responsible for any costs or liabilities related to the operation. upkeep. or maintenance of this Easement. n ¥ Form 62-330.301(17)-Permanent Access Easement Incorporated by reference in paragraph 62-330.301(6)U), F.A.C. (Effective Date) Page 1 of 2 5. Duration. This F.asement shall remain in full force and effect in perpetuity. 6. Modification. This Easement may be amended, altered, released or revoked only by written agreement between the parties hereto or their heirs, assigns or successors-in-interest, which shall be filed in~ public records in Brevard County, Florida. INWITNF3S WHEREOF, The_ City of Cape Canaveral ("Orantor") has hemmto ,et its authorized hand this 18th day of o ct ob er • 20 .J..B rn A Florida corporation or O _________ (choose one) By: [) 905-[ -t_ N ~ (Signature) Name: David L Greene (Print) Title: City Manager Sign~:~ in our presence as witnesses: ~ By. ~~ By: -( 1R ) "'. iSignaturej--*f-~ - Name: !J sq UQv Name:7 1lr-Ffl.l'!:',o At. ~, J::..F (Print) J ' (Print) STATE OF FLORIDA COUNTY OF Brevard 18th Onthis.dayof October 201§.... before me, the undersigned notary public, personally appeared David L. Greene the person who subscribed to the foregoing instrument. u the City Mana~er (title). of 'ciJe City af Cape Canaveral _____ [)(corporation), a Florida corporation, or o ____________ _ __,,,,,...._. (choose one) and acknowledged that hdshe executed the same on behalf of said D C0Jp01'8lion, or O (ch006e one) and the be/she was duly authorized to do so. He/She is personally known to me or has produced a n/ a (state) driver's license as identification. IN WITNESS WHERF.OF, I hereunto set my band and official seal. Mia Goforth ~ NOTARY PUBLIC ~STATE OF FLORIDA ~ARY~~~ Am:~A .,,,-~ ~«-~/L F 4Yifgnatwe> Q ""--.».J.~ Comm# GG083783 ,,,,. Expires 5/16/2021 MIA GOFORTH (Name) My Commission Expires: __ 0_5~/_l...;6 /_2_0_2_1 _____________ _ Form 82-330.301(17)-Permanent Aocen E819nent lnaorporated bV reference In peragraph 62-330.301(8)0). F AC. (Elfec:tlYa Date) Page2of2 ------ POINT-OF-COMMENCEMENT NORTHEAST CORNER OF SEC. N 89"27'20" W '--NORTH ~INE SECTION 22 14 22 23 "COLUMBIAD PLAZA SUBDIVISION" PER PLAT BOOK 18, PAGE 9 SOUTH LINE OF "COLUMBIAD PLAZA EAST LINE SECTION 22~t • 0 (!) • -H j-... Cl:'. l{) ~ r") Cl:'.>- <l'. ...J zO:::: <l'.W ~F= (l) :::> 0 en SUBDIVISION" AND NORTH LINE OF O.R. BOOK 2279, PAGE 767 POINT-OF-BEGINNING SE CORNER OF LOT 18 ....-- N 89"27'20.. W 554'± APPROXIMATE SHORELINE SUBJECT PARCEL 4.30 ACRES± LANDS O.R. BOO S 89"27'20 .. E 532'± ( AS \ 1228.14' N 89"27'20" w 488.14' .T N 00"32' 40.. W 0 0 356.95' ci LO 0 Ol (!) EXISTING 100· l() t') /CONSERVATION EASEMENT DESCRIBED IN 2279, PAGE 767 588.14' SOUTH LINE OF DEED BOOK 337, PAGE 233 AND O.R. BOOK 2279, PAGE 767 ~in • CJ) LEGEND: LB FND O.R. BOOK P.B. PG. -----1.rr- NO. FP&L S.F. AC. ± ID SEC. LICENSED BUSINESS FOUND OFFICIAL RECORDS BOOK PLAT BOOK PAGE GRAPHICS NOT TO SCALE NUMBER FLORIDA POWER & LIGHT COMPANY SQUARE FEET ACRES PLUS OR MINUS IDENTIFICATION SECTION NOTES: N . ~~ 0 I"') 0 z SEE SHEET 2 OF 2 FOR DESCRIPTION, NOTES AND CERTIFICATE. l() Io t') ~ 0 0 (/) Sec.: 22 Twp.: 24 South Rng.: 37 East A SKETCH AND DESCRIPTION PREPARED FOR: CITY OF CAPE CANAVERAL Date : 10/3/18 Scale : 1"=200' BREVARD COUNTY FLORIDA P.N. : 407901 Sheet No. Dsn. by :-T Bussen -mayer Eng1neer1ng CiroupA 100 PARNELL STREET • MERRITT ISLAND, FLORIDA 32953 PH. NO.: (321) 453-0010 FAX NO.: (321) 454-6885 Drn. by : JCC of 2 Chk. by :JBC ,. DESCRIPTION A PARCEL OF LAND BEING A PORTION OF LANDS AS DESCRIBED IN O.R. BOOK 2279, PAGE 767 BREVARD COUNTY PUBLIC RECORDS AND LYING IN THE NORTHEAST 1/4 OF SECTION 22, TOWNSHIP 24 SOUTH, RANGE 37 EAST AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE NORTHEAST CORNER OF SAID SECTION 22; THENCE S.00'30'0l'W . ALONG THE EAST LINE OF SAID SECTION 22, A DISTANCE OF 356 FEET TO THE SOUTHEAST CORNER OF LOT 18 COLUMRIAD PLAZA SUBDIVISION AS RECORDED IN PLAT BOOK 18 PAGE 9 OF THE BREY ARD COUNTY PUBLIC RECORDS; THENCE N.89'27'20'W. ALONG THE SOUTH LINE OF SAID LOT 18 AND COLUMBIAD PLAZA SUBDIVISION, A DISTANCE OF 1228.14 FEET TO THE POINT-OF-BEGINNING OF THIS DESCRIPTION; THENCE CONTINUE N.89'27'20'W., A DISTANCE OF 554 FEET TO AND INTO THE WATERS OF THE BANANA RIVER; THENCE MEANDERING THE SHORELINE OF SAID BANANA RIVER, SOUTHERLY A DISTANCE OF 357 FEET MORE OR LESS TO A POINT LYING 356.95 FEET SOUTH OF, BY RIGHT ANGLE MEASUREMENT, THE FIRST COURSE OF THIS DESCRIPTION, SAID POINT ALSO BEING ON THE SOUTH LINE OF SAID LANDS AS DESCRIBED IN O.R. BOOK 2279 PAGE 767 AND THE SOUTH LINE OF LANDS AS DESCRIBED IN DEED BOOK 337 PAGE 233 OF SAID PUBLIC RECORDS; THENCE S.89"27'20'E., ALONG SAID SOUTH LINES, A DISTANCE OF 532 FEET MORE OR LESS TO A POINT LYING 588.14 FEET WEST OF THE SOUTHEAST CORNER OF SAID LANDS AS DESCRIBED IN O.R. BOOK 2279 PAGE 767; THENCE N.00"32'40'W., PARALLEL WITH AND 588.14 FEET WEST OF THE EAST LINE OF SAID LANDS, A DISTANCE OF 356.95 FEET TO THE POINT-OF-BEGINNING. CONTAINING 4.30 ACRES MORE OR LESS AND BEING SUBJECT TO ANY EASEMENTS AND/OR RIGHTS-OF-WAYS OF RECORD AND THE FINDINGS OF A VALID SURVEY. NOTES: 1. BEARINGS SHOWN HEREON ARE ASSUMED BASED ON THE SOUTH LINE OF THE PLAT OF COLUMBIAD PLAZA SUBDIVISION AS RECORDED IN PLAT BOOK 18 PAGE 9 OF BREVARD COUNTY PUBLIC RECORDS; BEING S.89'27'20"E. 2. THIS IS NOT A BOUNDARY SURVEY. 3. SEE SHEET 1 OF 2 FOR SKETCH OF DESCRIPTION. 4. THIS SKETCH AND DESCRIPTION IS VALID ONLY WHEN SIGNED AND SEALED WITH A RAISED EMBOSSED SEAL AND CERTIFIED TO THE PARTIES SHOWN BELOW. 5. THIS SKETCH AND DESCRIPTION IS CERTIFIED CORRECT TO: CITY OF CAPE CANAVERAL CERTIFICATE: I hereby certify that the sketch and description shown hereon is true and correct to the best of my knowledge 1 on<:Jl 0t5eUef, as performed under my direction and i · sJpe is1dfl and that it meets or exceeds the standards \•0 or ·proo 1~e as set forth by Florida Board of • • Professi :n<J~ 'Lo;id Surveyor, in Chapter 5J-17.052 Florida Adminis!-rotly~ Cod pu nt to Section 472.027, Florida statu·· s. -;:. ,oh /, Date 4524 NO.: 3535 A SKETCH AND DESCRIPTION PREPARED FOR: Date : 10/03/18 by:- by : JCC CITY OF CAPE CANAVERAL Scale : N/A BREVARD COUNTY FLORIDA P.N. : 407901 T Bussen -mayer Eng1neer1ng CiroupA 100 PARNELL STREET • MERRITT ISLAND, FLORIDA 32953 PH. NO.: (321) 453-0010 FAX NO.: (321) 454-6885 Sheet No. 2 of 2