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Home My WebLink About09-131 RESOLUTION NO. 09-131 A RESOLUTION ACCEPTING A SPECIAL WARRANTY DEED ON BEHALF OF ST. LUCIE COUNTY, FLORIDA BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida, that: The foregoing SPECIAL WARRANTY DEED from Cornerstone Fort Pierce Development, LLC is duly accepted on behclf of St. Lucie County this 14'h day of APRIL, 2009. t~~j~'' gOARD OF COVNTY COMMISSIONERS ~y ~ " ~ ~ . ~ ~ ~ ~ ST. LUCIE COUNTY, FLORI~A , ~tr ~<< ry . ~ BY: ~ ~ Chair r ATTEST: , ~ f ~ ;;Y~x `t'~:~.xa,; ;~i ~ ~S ";~„Y i~~.~~,.~' x ~ Deputy Clerk APPROVE~ AS TO FORM AND CORRECTNE55: BY: . County Atto e 5:\ACQ\WP\Right of Way Donations\Newberry Fields\Resolution No. 09-131.wpd This Document Prepared by: Greenberg Traurig, P.A. 401 East Las Olas Boulevard, Suite 2000 Fort Lauderdale, Florida 33301 Attention: Jonathan S. Gelman, Esq. Part of Tax Parcel ID#: 2419-332-0001-000/9 JOSEPH E. SMITH, CLERK OF THE CIRCUIT COURT SAINT LUCIE COUNTY F~LE # 3339720 04!30l2009 at 0331 ?M OR BOOK 3084 PAGE 2993 - 2998 Doc Type: DEED RECORDING: $52.50 D DOC STAMP COLLECTION: $0.70 SPECIAL WARRANTY DEED This Indenture, Made this ~ 5~ day of ft p f e' , 2009 A.D., Between Cornerstone Fort Pierce Development, LLC, a limited liability company existing under the laws of the State of Delaware, whose address is c/o Cornerstone Real Estate Advisers LLC, 180 Glastonbury Boulevard, Suite 401, Glastonbury, Connecticut 06033, Grantor, and St. Lucie County, a political subdivision of the State of Florida, whose address is 2300 Virginia Avenue, Fort Pierce, Florida 34982, Grantee. Witnesseth that the Grantor, for and in consideration of the sum of $10.00 DOLLARS, and other good and valuable consideration to Grantor in hand paid by Grantee, the receipt whereof is hereby acknowledged, has granted, bargained and sold to Grantee and Grantee's heirs, successors and assigns forever for right-of-way purposes, the following described land, situate, lying and being in the County of St. Lucie, State of Florida to wit: See Exhibit "A" attached hereto and made a part hereof (the "Property"). Subject to: Restrictions, reservations and easements of record, if any provided, however, that this reference shall not serve to reimpose the same; and taxes for 2009 and subsequent years . Reserving to Grantor: and its successors and assigns, the privilege and easement for the installation, maintenance, operation, repair, replacement or renewal of a municipal-owned electric, water, sewer and natural gas utilities, in, under, upon, along, over and across the following parcel located on the Property, to wit: See Exhibit "B" attached hereto and incorporated herein (the "Easement Parcel"), Together with the right of access, ingress, and egress, over, across, and through the Property to the Easement Parcel. Grantor may cut or trim trees, bushes and saplings growing upon or extending over the Easement Parcel so far as may be reasonably necessary in the installation, maintenance, operation, repair, replacement or renewal of said utilities. Patrolling said easement shall not constitute grounds for a claim for damage. The easement rights herein reserved may be assigned in whole or in part. The Grantor will indemnify and save the Grantee harmless from any damages, injuries, losses, claims, demands or costs proximately caused by the sole fault or negligence of the Grantor, its representatives, subcontractors, or agents in the installation, maintenance, operation, repair, replacement or renewal of said utilities and the equipment and facilities connected therewith, over and across the Easement Parcel. Provided, however, that regardless of whether any such obligations are based on a tort, contract, statute, strict liability, negligence, product liability or otherwise, the obligations of Grantor under this indemnification provision shall be limited in the same manner that would have applied if such obligations were based on, or arose out of, an action at law to recover damages in tort and were subject to Section 768.28, Florida Statutes, as 1 FTL 107,259,182v1 102103.010100 that section existed at the inception of this instrument, and that the maximum amount of indemnity to be paid under this provision, for a single claim or occurrence by any one person, shall not exceed the sum of $100,000.00 for any claim or judgment, or portions thereof, subject to the maximum sum of $200,000.00 as the result of all claims and judgments arising out of the same incident or occurrence. It is understood and agreed that upon any assignment by Grantor of the easement and privileges created in this reservation, Grantor shall thereafter be released from all obligations under this instrument relating to the easement rights reserved hereunder which arise subsequent to such assignment. And: Grantor specially warrants the title to the Property only against the lawful claims of persons claiming by, through or under Grantor, subject to the foregoing exceptions and reservation set forth in this deed. In Witness Whereof, the grantor has hereunto set its hand and seal the day and year first above written. Signed, sealed and delivered in our presence: Cornerstone Fort Pierce Development, LLC, a Delaware limited liability company Printed Name: /'~'1 G-~~ Yr e~ rti By: Massachusetts Mutual Life Insurance Witne . 1 Company, its Managing Member / By: Comerstone Real Estate Advisers, Prin Name: C...h~~ ~.S ~.,c~ t? / t~ LLC, its Agent Witness: #2 y: eal) Ivame: af Its: 4 c~ ~ STATE OF C~ n~ l..l.~? COUNTY OF ~ ~ ~ r ~ The foregoin instrum nt was acknowledged before me this ~ 5 d of , 2009 by ~.t (~r'eY~ ~~C~~,.,~, the v IG~ r('LSI~lY1~ of Cornerstone Real Estate Advisers~ LLC, the Agent of Massachusetts Mutual Life Insurance Company, the Managing Member of Cornerstone Fort Pierce Development LLC, a Delaware limited liability empany, the above-n ed Grantor, on behalf of the company. He he is personally known to me or he she has produce i her [state] driver's license as identification. Notary Public: ~ ~ Printed Name: My Commission Expires: [NOTAgIA~,;~EAL] Karen L. Sandahl ~ ~ ~ ~ Notary Public - a'' My Commission Expires April 30, 2010 _ , J' . ~ - .~."1 ~ . ~ ` ~y"a 2 ~t ~ ~ ~ ' 1 ? FTL 107, 259,182v1 102103.010100 ~ ~ EXHIBIT "A" - Property Leg~l De~cription Parce) 4 Tax I D: 2419-332-0001-OOOi9 Being a strip of land, 29.~Q f~et in width, lying in S~ctic~n 19, Township 35 South, Range 40 ~ast, St. Lucie County, Florida. Said stri~ being more particularly described as follaw~: The West 29.00 feet of the following described parcel, as recorded in Official Record Brsok 937, page 1560, public records of St. Lucie Gounty, Florida. Th~ North 2~0 feet of the NVi/'/4 af the SW'/~ of tne SW'/4 c~f Sec#ion 19, Tawnship 35 South, Range 40 East, excepting therefrom the West 40 feef of the North 20Q feet of the NW of the SW '/4 ofi the SW ~l of Section 19, Township 35 Sauth, Range 40 East, St. Lucie County, Flarida, Said strip contains 5,803 square f~et, more or less. Exhibit A - Page 1 FTL 107,259,182v1 102103.010100 N i ~ W E I f s 9 F ~ a iao v~ ~ ~ ( aa° ao' ~ ~ s oo' ~ ~ ~ LEGEIVU I ~ ~ F",1~N = RIGHT-O~-WAY tr ~ rtoa~+ ur~~ o~' sw ~~a ; o~ sw ~/a c~ sEC~ar~ ~s , , • ' 2g' ONfIVER: ~ P ~t TRAOING COMPANY ~ NQRTH 200 FEET OF NW 1/4 OF SW 1/4 O; OF THE SW 1 j4, SECTION 19, a ~ ' Tt3WWl`~SHIP 35 SOUTH, RANGE 4~ EAST ~ 5803 5QUARE FEETt ~ I WEST 2J.00 FEET OF l1kNDS QESCRIBED IN 4.R.8. 937, ' ~ ~ cn ~ PAGE 1560, ST. LUCIE C~UNTY, FLORI~A ~ Z; a ~SOUTH LINE O~ IvO~CTH 2pG~ ~ NW 1/4 Y i ~ pF 5W 1/4 U~ SN' 1/4 OF S£CTEON 19 Z W ~ -a ~ ~ ~ z ~ ~ rn ~ r a o ~ ~ ! ~ ~r ut ~ ~ ~ ~ r- ~ ~ ~ W I k / ~ ~ ~ Parc~l 4 r~a~: This drawing daes no# represent srcE'rcr~i Nv~ LEC.~L oESCmwnaa Faz: n baundary survey and is based Na~A~ry flalde at p+t, pfa.ca tN1 CSS'~ICE informqt.ion only. 'ST. WqE CqtRiTY, FLOE2l0A I N C O N P q l2 A T F: D P1i0PLl~ilONd1. ~RYEYOItS AND AfAT'PSIiS Seei~ Dat~ F1~ k ttrwbB Na' cras4ffc:css a? ~vrutlmz~l~ol: r.a aaoa 1"~1p6' 3 tl8 07-7rar-o3-01 cmeoo~,~h crflce uu~w~~ arrcc vn ea[ uea ~ fs~ sv uNmw xwr, aem ~w~MeulM ~NiE Araiw sx padae: sla~e pNY'.ITY. FL 9~iAl T41A FL ]~J0.! ~i~. z+oaa ~u-iow t"~ -ws a~.s. ~.w.s 3 cF 3 COF`5'{'<I:;HT ~~6fM ESY GCY, INC., f'RGFESSI~JIvAL St712'rEYqF75 ANO M~APpEkS llmwinq Namo: Hewberry Flelda akeich E~ibit A - Page 2 FTL 107,259,182v1 102103.010100 EXHIBIT "B" - Easement Parcel Parcel4 Tax ID: 2419-332-0001-000/9 Being a strip of land, 20.00 feet in width, lying in Section 19, Township 35 South, Range 40 East, St. Lucie County, Florida. Said strip being more particularly described as follows: The West 20.00 feet of the following described parcel, as recorded in Official Record Book 937, page 1560, public records of St. Lucie County, Florida. The North 200 feet of the NW 1/4 of the S W 1/4 of the S W 1/4 of Section 19, Township 35 South, Range 40 East, excepting therefrom the West 40 feet of the North 200 feet of the NW 1/4 of the SW 1/4 of the SW 1/4 of Section 19, Township 35 South, Range 40 East, St. Lucie County, Florida. E~chibit B - Page 1 FTL 107,259,182v1 102103.010100