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Home My WebLink About20-027OR BOOK 4405 PAGE 78 Florida, that: RESOLUTION NO. 2020-27 A RESOLUTION ACCEPTING A 31.66 ACRE PARCEL ON BEHALF OF ST. LUCIE COUNTY, FLORIDA BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, The foregoing Special Warranty Deed from PB Holdco, LLC is duly accepted on behalf of St. Lucie County this 18t' day of February, 2020. ATTEST: 047/m, owl •Tierk BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: C it APPROVED AS TO FORM AND CORRECTNESS: BY: County Ottor, ey JOSEPH E. SMITH, CLERK OF THE CIRCUIT COURT — SAINT LUCIE COUNTY FILE # 4695122 OR BOOK 4405 PAGE 73, Recorded 04/03/2020 11:21:04 AM Doc Tax: $0.70 Prepared by and return to: Kenneth W. Dodge, Esquire Lewis, Longman & Walker, P.A. 515 North Flagler Drive, Suite 2500 West Palm Beach, FL 33401 Telephone: 561-640-0920 [Space Above This Line For Recording Data] Special Warranty Deed This Special Warranty Deed made this ?,1'5rday of 117p L-, 2020, between PS Holdco, LLC, a Florida limited liability company, whose post office address is 3901 St. Lucie Boulevard, Fort Pierce, FL 34946 ("Grantor"), and St. Lucie County, a political subdivision of the State of Florida, whose post office address is 2300 Virginia Avenue, Fort Pierce, FL 34982 ("Grantee"): (Whenever used herein the terms grantor and grantee include all the parties to this instrument and the heirs, legal representatives, and assigns of individuals, and the successors and assigns of corporations, trusts and trustees) Witnesseth, that said grantor, for and in consideration of the sum TEN AND NO/100 DOLLARS ($10.00) and other good and valuable considerations to said grantor in hand paid by said grantee, the receipt whereof is hereby acknowledged, has granted, bargained, and sold to the said grantee, and grantee's heirs and assigns forever, the following described land, situate, lying and being in St. Lucie County, Florida, to -wit: See Exhibit "A" Together with all the tenements, hereditaments and appurtenances thereto belonging or in anywise appertaining. Subject, in perpetuity, to the following restrictive covenant: This conveyance is subject to the conditions, requirements, obligations and liabilities set forth in that certain U.S. Army Corps of Engineers (Corps) Permit No.: SAJ-2018-03023 (hereinafter "Permit"), issued to Grantor and dated June 10, 2019. Subject to the requirements of this Permit, and without limitation, the land described in the attached Exhibit "A" shall remain in its natural state in perpetuity and shall not be disturbed by any dredging, filling, land clearing, agricultural activities, planting or other construction work whatsoever. This covenant shall run with the land and shall be binding on Grantee and Grantee's successors and assigns in perpetuity, unless and until amended or terminated by the Corps. The Corps and U.S. Fish and Wildlife Service ("Service"), as third party beneficiaries, shall be entitled to enforce the terms of this covenant as such rights are set forth in the Permit, including, specifically, the following: Ri❑hts of the Corps and Service: The Corps and Service, as third -party beneficiaries, shall have the right to enforce the terms and conditions of this Deed Restriction, including: 1. The right to take action to preserve and protect the environmental value of the Property; 2. The right to prevent any activity on or use of the Property that is inconsistent with the purpose of this Deed Restriction, and to require the 01159912.2 OR BOOK 4405 PAGE 74 restoration of areas or features of the Property that may be damaged by any inconsistent activity or use; .3. The right to enter upon and inspect the Property in a reasonable manner and at reasonable times to determine if Grantor or its successors and assigns are complying with the covenants and prohibitions contained in this Deed Restriction; 4. The right to enforce this Deed Restriction by injunction or proceed at law or in equity to enforce the provisions of this Deed Restriction and the covenants set forth herein, to prevent the occurrence of any of the prohibited activities set forth herein, and the right to require Grantor, or its successors or assigns, to restore such areas or features of the Property that may be damaged by any inconsistent activity or use or unauthorized activities; and 5. The Grantor, including their successors or assigns, shall provide the Corps and Service at least 60 days advance notice in writing before any action is taken to amend, alter, release or revoke this Deed Restriction. The Grantee shall provide reasonable notice and an opportunity to comment or object to the release or amendment to the Corps and Service. The Grantee shall consider any comments or objections from the Corps or Service when making the final decision to release or amend this Deed Restriction. To Have and to Hold, the same in fee simple forever. And the grantor hereby covenants with said grantee that the grantor is lawfully seized of said land in fee simple; that the grantor has good right and lawful authority to sell and convey said land; that the grantor hereby fully warrants the title to said land and will defend the same against the lawful claims of all persons claiming by, through or under grantors. In Witness Whereof, grantor has hereunto set grantor's hand and seal the day and year first above written. Signed, sealed and delivered in our presence: PS HOLDCO, LLC by Malibu Boats, LLC, a foreign limi ed liability company, its anaging Memb By: Witness Name: W rVI Printed Name: Witnes�Nam : ou5"12.2 OR BOOK 4405 PAGE 75 State of _YJ Countyof Loudon The foregoing instrument was acknowledged before me by means of [] physical presence or [] online notarization, this 21 mA day of 2020, by Wayne Wilson of Malibu Boats, LLC, aforeign limited liability company, on behalf of the company, who is personally hnmvvn to me or has produced as identification. , Notary Public Printed Name: My Commission Expires: 2d Is- 2-0-Z-1 OR BOOK 4405 PAGE 76 LEGAL DESCRIPTION THIS IS NOT A SURVEY LEGAL DESCRIPTION (31.66 Acre Habitat Preserve Area) An easement over parcel land lying in Section 32, Township 34 South, Range 40 East, St. Lucie County. Florida and being more particularly described as follows; Commencing at the West 1/4 corner of Section 32 referred to above and running thence N00'09'35'E (Basis of Bearings) along the West line of said section a distance of 125.00 feet to a point on the Northerly Right —Of —Way of Canal No. 1 of the Fart Pierce Farms Water Control District; Thence N89'58'03'E along the Northerly Right —Of —Way thereof a distance of 30.00 feet to the POINT OF BEGINNING: Thence N89'58'03'E, still along sold canal Right —Of —Way, o distance of 114-4.42 feet to the Southeast comer of a parcel of land described by deed recorded in Official Records Back 4192 at page 776. public records of sold St. Lucie County, Florida; Thence N00'09'35'E, along the Easterly bounds of this lost mentioned conveyance. a distance of 12OZ54 feet to the Northeast corner thereof; Thence N89'46'59'W along the Southerly bounds of a parcel of land conveyed to PB Holdco, LLC. by deed recorded in Official Records Book 4192 at page 771. sold public records; a distance of 507.78 feet to the Southeast comer of a parcel of land described by deed recorded In Official Records Book 855 at page 59, said public records of St. Lucie County, Florida; thence N89'46'59'W along the Southerly bounds of this last mentioned conveyance a distance of 636.63 feet; Thence S00'09'35'W along a line parallel to and 30 feet distant easterly from the West line of Section 32 first above mentioned. a distance of 1207.52 feet to the POINT OF BEGINNING. Containing 31.66 acres of land, more or less. o Digitally signed by ;r Thomas P Kiernan Ivi Date- 2020.01.23 10:59:36-05'00' THOMAS P. KIERNAN rProfessional Surveyor do Mapper Florido Certificate No. 6199 NOTE: THIS SHEET IS NOT VALID WITHOUT ALL PAGES OF THIS DOCUMENT NOTE: LANDS SHOWN HEREON WERE NOT ABSTRACTED FOR RIGHTS —OF —WAY AND/OR EASEMENTS OF RECORD. Revised 1 BKH Sheet 1 of 2 LEGAL DESCRIPTION CULPEPPER & 0 File: — Prepared For Date: 5-06-201 s TERPENING INC PURSUIT BOATS (FORT PIERCE) Tech: BKH "'OBOUT" U''"'.`• FO'rr"""°' FLORIDA 1"' warms sraAs+aasr . PAX m.464~ . www.a+.y.awn srAM a n aRaa OW"M "RORfMORILL EMON40M AVINOFMATM RO. WM OR BOOK 4405 PAGE 77 IZGEIM-, 9B - BASS OF BEARINGS L.B. - LICENSED BUSINESS O.R.B. - OFFICIAL RECORDS BOOK P.O.B. - POINT OF BEGINNING P.O.C. - POINT OF COMMENCEMENT R/W - RIGHT—OF—WAY N - 1/4 SECTION CORNER ►Fi - SECTION CORNER SKETCH OF NOTE: THIS SHEET IS NOT VAUD WITHOUT ALL PAGES OF THIS DESCRIPTION DOCUMENT NOTE.• THIS IS NOT A SKETCH OF SURVBUT ONLY A THIS IS NOT A SURVEY GRAPHICSURVEY, DEPICTION OF THE LEGAL DESCRIPTION SHOWN HEREON. THERE HAS BEEN NO FIELD MONUMENTS SET IN CONNECTION WITH THE PREPARATION OF THE INFORMATION SHOWN HEREON. NOTE LANDS SHOWN HEREON WERE NOT ABSTRACTED FOR RIGHTS —OF —WAY AND/OR EASEMENTS OF RECORD. Revised 1/20/20 BKH CHARLES H. REVLON JR (CUSTODIAN) O.R.B. 855, PAGE 59 Parcel 10: 1432-231-0001—DOO-7 PS HOLDCO, LLC O.R.B. 4192. PAGE 771 Parcel ID: 1432-221-0001-000-6 NSW46'59'W 636, 3' N89 46'59"W 507.78' , } 1 —30,00' �\ 1 GRAPHIC SCALE } 3\ 095'l i \1 - ( It }% PARCEL BOUNDARY—..,-- h 1 } } 1 } \ \` PS HOLDCO. LLC p r•f \\ O.R.B. 4192. PACE 776 — N / Parcel ID: 1432-231-0002-000-4 \ ' W O } I HABITAT PRESERVE AREA 1� 31.66 ACRES ' 174.41' (D)Z SECTION 32. TOWMSHIP 34 S. RANGE 40 E JV N 1 J !R 1 0� �. N I:, �rN< N':� -- w Cd OKd 30� N C a r'-N89'58'03"E 30.00' % P.Q.B. N89'58'03'E 1144.42' NORTH CANAL R NOM9'35'E (BB) 125.00' CANAL MM 1 WEST 1/4 CORNER SECTION 32 M" PWtM FARMS 1WATM CMIMM dSTOCT ----(FROM JAMES A. KIRBY. RLS _ _ SOUTH LINE OF THE NW 1/4 SECTION 32-34S-40E HISTORICAL ARCHIVES N89'58'03'E 2667.96' SKETCH OF DESCRIPTION Prepared For PURSUIT BOATS (FORT PIERCE) 2of2 File: i8-188 � CULPEPPER & Dace.05-06-2019 ■ TERPENING INC Tech: BKH nD GOMN N* enter . VOW P=C9. FLOMA 34MI ►f1011E rn.04400T . V" "24"4MY . W"4t—q— WAM CW FLOOM WAD Or P"MOSMAL IMOM xs WnfOMMI" wD. u..