HomeMy WebLinkAboutGRANT OF ACCESS & UTILITY EASMENT1803-0z36
Prepared by and Return iu:
Jay R. Beskin, Bsq.
Rarick& Buskin, P.A.
3109 Stirling Rood,Sulte 101
Fort Lauderdale, FL 3312
(954)861.1426
JOSEPH E. SMITH, CLERK OF THE CIRCUIT COURT
SAINT LUCIE COUNTY
FILE# 4469926081141201812:5349 PM
OR BOOK 4169 PAGE 450 - 457 Doc Type: EASMT
RECORDING: $69.50
SCANNED
BY
ST I UCIE COUNTY
GRANT OF ACCESS & UTILITY EASEMENT
STATE OF FLORIDA
COUNTY OF I3Pi t %plc j C
THIS INDENTURE made and entered into this/,rAday of 1`f_ 9t/sY" 2018,
by and between the Grantor: Massa Family Holdings LLC, a Florida Limited Liability
Company whose post office address is 222 SW 21st Terrace, Fort Lauderdale, FL 33312 and
the Grantee: Missionary Flights and Service, Inc., a Florida Not For Profit Corporation,
whose post office address is 3170 Airmans Drive, Fort Pierce, FL 34946;
WHEREAS, Grantor owns the lands located at 5300 Steel Boulevard, also known as
Suit Citrus Road, Fort Pierce, FL 34946 and 0 Steel Blvd, Fort Pierce, FL 34946, whose legal
descriptions are attached hereto and incorporated herein as Exhibit "A."
WHEREAS, Grantee owns the land located at 3163 Hammond Road, Fort Pierce, FL
34946, whose legal description is attached hereto and incorporated herein as Exhibit "B"
(the "Grantee's Land").
WHEREAS, Grantee proposes to construct a building and make other improvements
oil the Grantee's Land (the "Improvements").
WHEREAS, Grantor has agreed in consideration of the sum of Teti Dollars ($10.00)
and other good and valuable consideration to grant to Grantee and all other persons
claiming by, through, or under Grantee, their successors in title, or their heirs, assigns, or
legal representative by virtue of any deeds of conveyance, a perpetual, non-exclusive
easement for ingress and egress together with a utility easement, over the land known as
Steel Boulevard, described below, for the purposes and !it the manner, including the
conditions expressed below;
NOW, THIS INDENTURE WITNESSETH:
That, in pursuance of this Agreement and in consideration of the sum of Ten Dollars
($10.00) and other good and valuable consideration, receipt and sufficiency of which is
hereby acknowledged, Grantor grants unto Grantee, their heirs and assigns, and to all other
likely -situated as above described,.and_their heirs and assigns;. _
Full and free right and liberty for therm and their tenants, servants, visitors, and
licensees, in common with all persons having the like rights, at all times hereafter, for all
purposes connected with the use and enjoyment of the easement on Grantor's real
property legally described on Exhibit "C" attached hereto and shown on the schedule
attached hereto as Exhibit "D" (the "Easement Land"), for the express otherwise purpose
of providing an easement for ingress and egress on that certain real property known as
Steel Boulevard.
Subject to the conditions contained herein, Grantor does hereby further grant unto
Grantee, a perpetual utility easement in, on, under, through, and across the Easement Land,
with the full and free right of ingress and egress for the purposes of construction,
installation, reconstruction, rebuilding, replacement, repairing, operation, distribution and
maintenance of utility systems, including, but not limited to, water systems, sewer systems,
electrical systems, communication systems and all appurtenances relative to these
facilities, either above or below ground.
Grantor agrees to build and install a gate to be located on Steel Blvd near Hammond
Road, as shown on the site plan attached hereto as Exhibit "E." Grantees, their heirs and
assigns, in lieu of any roadway maintenance costs for the Easement Land, shall provide
power to the gate.
TO HAVE AND TO HOLD the easement or right of way hereby granted unto
Grantee, their heirs and assigns and those likely situated as above described, and their
heirs and assigns.
It is understood that the easement is given on the express understanding and
condition that it may be used by Grantors, their heirs, executors, administrators and
assigns in conjunction with the use of Grantee, their heirs and assigns, and others likely
situated and their heirs and assigns.
It is understood that the easement shall remain in full force and effect until such
time that (a) the Grantee's use of the easement has been discontinued for a period of ninety
(90) consecutive days, (b) Grantee fails to provide power to the gate for a period of sixty
(60) consecutive days or (c) a Certificate of Occupancy for the Improvements has not been
issued within twenty-four (24) months of the date hereof. In the event that Grantee's use
of the easement has become discontinued as set forth herein or Grantee fails to supply
power to the gate as set forth herein, Grantor shall send the Grantee written Notice of
Revocation of Easement in recordable form at least sixty (60) days in advance that the
grant of easement is being revolted. Grantor may, at its discretion, amend this agreement
rather than revoke it due to discontinued use.
Grantee shall indemnify, defend and hold the Grantor, its.heirs, representations,
agents, employees, successors an assigns, harmless from any and all costs, liabilities,
damages, losses, claims, actions or proceedings whatsoever, including, without limitation,
for injury to persons (including death) which may be claimed to have arisen out of (i) any
-- - = d"ainage; acdident,-injmy-o•.othersimilar occurrence on the_Easement:Land due to
Grantee's negligence or misconduct; or (ii) the use, maintenance or repair of the Easement
Land by Grantee, its guests, invitees, agents, or contractors. It is expressly understood and
agreed that, notwithstanding anything in this Agreement to,the contrary, the liability of
Grantor hereunder, to the extent any exists, shall be limited solely and exclusively to the
interest of Grantor in and to the Easement Land, and neither Grantor, nor any of its heirs,
representatives, successors, employees, affiliates or agents, shall have any personal liability
for any claim arising hereunder and Grantee hereby expressly waives and releases Grantor
and such heirs, representatives, successors, employees, affiliates and agents from any and
all personal liability.
IN WITNESS WHEREOF, Grantor has set its hand and seal the day and year first
written above.
,.'�D M0 Massa, Managing Member
on behalf of
MASSA FAMILY HOLDINGS, LLC
I&;' k la�'
Signature ofw Less
: rc���(),
Printed Nam
Signature of Witness
� Odra
Printed Name
STATE OF FLORIDA
COUNTY OF BROWARD �t a � no,
The foregoing instrument was acknowledged and subscribed befor me this � � 1,t Ui 0
by Daniel Massa, Managing Member of the GRANTOR, who is personally
known or has produced as iPritification.
I L
Notary
SiA�g'o'm,� MARTINE GEN VAUGHN
Notary Public • Slate of.Florida
• ° •? Commission M GG 024538
a, ,�R; My Comm. Expires Doc 18, 2020
Bonded through National Notary Assn.
EXHIBIT A
Parcel I:
Sturlingalthe Northeast conrerof (lie Southwest 1/4ofSection30.
Township 34 South, Range 40 East, run South oil the 1/4 Section line, a
distance of 445 feel to the Point of Beginning. From the Point of Beginning,
run South 39 degrees 4T 08" West a distance of 1993.56 feet to a point, then
ran North 00 degrees 02' 52" West a distance of400.03 feet to a point, then
ran North 89 degrees 46' 05" Last a distance of 660.0 fact to a point, then
run South 00 degrees 02' 52" East a distance o17200.0 feet, then run North
89 degrees 47' 55" East a distance of 1333.66 feet In a point, then ran South
a distance of 200.0 feel to [he Point of Beginning, situate, lying and being
in St. Lucie County.: Florida.
Parcel 2;
StarlingatlhcNorlhcasl comer of the Southwest one quarter of Section 30,
Township 34 South . Range 40 East, run South on the Section line 245.0
feet then nun South 69 degrees 47' 55" West 230.0 feet to the Poinr of
Beginning; then continue South 89 degrees 4755" West a distance of
1103.06 feet to a point, then run North 00 degrees 02' 52" West a distance
of 200.0 feel to a point, then run North 89 degrees 46' 05" East a distance
of 50.47 feet to n point, then run South 00 degrees 02' 52" East, a distance
of 170.0 rcet, (]ten nm Noi th 89 degrees 4755" East a distance of941 .23
Icet to a point, then run South 75 degrees 12' 05" Fall a distance of 115.91
feet to the Point of Beginning.
and together with Parcel B:
Commence at the Northeast toner of the Southwest 1/4 of Section30,
Township 34 South. Range 40 Fast. nut South along the East lim; of said
Southwest 1/4445.09Feet: Thence South B9degrees 47'08" West173.1.52
Ices to the Point of Be inning. From the Point of Beginning run South 89
degrees 52' 43" West 610.04 fccq thence South 00 degrees 04'.38" East,
250.00feet; thence North 81) degrees 52' 43" East, 61104 feet; thmace
North Mdegreestl4'387E2st250A0.fee( to the PointofBeginning.
Situutc in St. Lucie County, Florida.
EXHIBIT B
30 34 40 S 200 FT OF N 245 FT OFN 1/2 OF NE 1/4 OF SW 1/4-LESS RI) R/W AND LESS AS
IN OR 459-275E-(5.20 AC) (OR 3734.2525)
NOTE: THIS IS NOT A SURVEY
DESCRIPTION NOT
VALID WITHOUT
SKETCH.
DESCRIPTION:
A PARCEL OF LAND LYING IN SECTION 30, TOWNSHIP 34 SOUTH, RANGE 40 EAST, ST.
LUCIE COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCE AT THE NORTHEAST CORNER OF THE SOUTHWEST QUARTER OF SAID
SECTION 30, THENCE SOUTH 00'18'22" WEST, ALONG THE EAST LINE OF THE
SOUTHWEST 1/4 OF SAID SECTION 30 AND NORTH RIGHT-OF-WAY LINE OF HAMMOND
ROAD (A 60-FOOT-WIDE RIGHT-OF-WAY), A DISTANCE OF 245.00 FEET TO THE POINT
OF BEGINNING; THENCE CONTINUE ALONG SAID EAST LINE SOUTH 00-18'22" WEST, A
DISTANCE OF 60.00 FEET, THENCE NORTH 89'51'55" WEST, A DISTANCE OF 237.51
FEET; THENCE NORTH 74'50'32" WEST, A DISTANCE OF 115.84 FEET; THENCE NORTH
89'51'55" WEST, A DISTANCE OF 470.52 FEET TO THE NORTHWEST CORNER OF THE
PROPERTY DESCRIBED IN OFFICIAL RECORDS BOOK 2279, PAGE 2423 OF THE PUBLIC
RECORDS OF ST. LUCIE COUNTY, FLORIDA; THENCE CONTINUE NORTH 89'51'55' WEST, A
DISTANCE OF 292.20 FEET; THENCE NORTH 00'08'05" EAST, A DISTANCE OF 60.00
FEET TO THE SOUTH PROPERTY LINE OF THE PROPERTY DESCRIBED IN OFFICIAL
RECORDS BOOK 3734, PAGE 2525 OF THE PUBLIC RECORDS OF ST. LUCIE COUNTY,
FLORIDA; THENCE SOUTH 89'51'55" EAST, ALONG SAID -SOUTH PROPERTY LINE, A
DISTANCE OF 770.63 FEET; THENCE SOUTH 74'50'32" EAST, ALONG SAID SOUTH
PROPERTY LINE, A DISTANCE OF 115.84 FEET; THENCE SOUTH 89'51'55" EAST, ALONG
SAID SOUTH PROPERTY LINE, A DISTANCE OF 229.78 FEET TO THE POINT OF
BEGINNING.
CONTAINING 66,975.00 SQUARE FEET (1.54 ACRES) MORE OR LESS.
MICHAEL T. OWEN P,, SIGNATURE DATE
PROFESSIONAL SURVEYOR & MAPPER',•,'.:;y,
FLORIDA REGISTRATION #5556Yll
SKE-TGH & DESCRIPTION OF.
ACCESS & UTILITY EASEMENT PORT SAINT LUCIE OFFICE
10250 SW VILLAGE PARKWAY
SUITE 201
-PREPARED FOR: PORT SAINT LUCIE, FL 34987
0772-462.2455 ENGINEERS 0 SURVEYORS
MISSIONARY FLIGHTS INTERNATIONAL -a wwedo-ine.com ENVIRONMENTAL
RECREATIONAL VEHICLE PARK FAP.E.CERIIFICATe OFAUfNOMMON 9935 SHEET
L%CE WJCATS OFAUINORUTION WRI IOF2
REVISIONS
JOB 0..:16-253 DATE: 6/14/2018 FIELD BOOK: N/A CHECKED BY: MTO
SCALE : V-120' DRAWN BY: SPT PACE: N/A CADD FILE : 16-253-3 AUE
THIS IS NOT A SURVEY
NOO'08'05"E -
I w 60.00, m
O N U
0 0 1 U
O J ¢ F
p W N W a I
CD
w
O Z in F- p OI 04
M W a
M KO .n -1 a: NwHp 6
d�O a o to 5 z
JU ? OO aUi ¢3
zoDO z -d I pG- z�
M V)0� pro
Ir o
U �. O M�
POO o
¢ w 0 �mva
pA NW CORNER p N � m
PARCEL "A" 3 wI ;� z O
in N U7 03 U vd
nIn0 w a
mho I I
INTENDED DISPLAY SCALE w z Of
O_
®O ONE A
Scale in feet O N J ¢ I
1 Inch = 120 Feet r
O¢NO �m _ ABBREVIATION LEGEND ! ° �L} 3 a� ' w �
P.O.C. POINT OF COMMENCEMENT r%5 r O F M 'v w, 0 0 M V a
P.O.B. POINT OF BEGINNING I N w z b h o m a¢ oo 04 M ZI
P.O.T. POINT O.R.B. OFFICIALFRECORIDUBOOK n N o na ^ v N a I N ¢ �r
P.B. PLAT BOOK '�' Di c� OU 2 �i o z o w c~i1 p z
PG. PAGE C� -1 N -' O CD p 0 -
R/W RIGHT OF WAY 0] O a Cl J
CENTER LINE U L`
Ad p
R RADIAL
PARCEL "A" PARCEL ID:1430-311-0007-000-8 V W of 1 j w z a
(O.R.B. 2279, PAGE 2423) a w w m I•:I
PARCEL "B PARCEL ID:1430-311-0002-000-3 ¢ O
m U V
Q ,
(O.R.B. 3734, PAGE 2525) W w
NOTES: . w m I
1. BEARINGS SHOWN HEREON ARE :� 0 ;n U Ova G• ,3J0
RELATIVE TO FLORIDA STATE oo'o Q_ J O3 D' O • �� G'
PLANE GRID BASED ON THE LINE S00'18'22"W z OK N Q . GOQ-�5�'
LABELED HEREON AS (BEARING 60.00' a zp 1
BASIS), ALL OTHER BEARINGS E LINE SW 1/4 (BEARING BASIS) `'y�'
ARE RELATIVE THERETO. N R W LINE HAMMOND ROAD S00'18'22"W 245.00'
2. THIS SKETCH AND DESCRIPTION _
IS FOR THE EXCLUSIVE PURPOSE 60 R/W) OF DESCRIBING THE PARCEL OR
STRIP OF LAND SHOWN AND IS
NOT A BOUNDARY SURVEY.
-SKETCH—&—DESCRIPTI QN Qf'' PORT SAINT LUCIE OFFICE ,
ACCESS & UTILITY EASEMENT 10250 SWVILLAGE PARKWAY
SUITE201
PREPARED FOR: PORTSAINT LUCIE, FL34987
0772-462-2455 ENGINEERS O SURVEYORS
MISSIONARY FLIGHTS INTERNATIONAL 1b W ,edo-incxom ENVIRONMENTAL
RECREATIONAL VEHICLE PARK F.BP,e.CERTIACATE0FAUTH0RQ TI0N6033 SHEET
I-B.CERnFIOATEOFAUTHORUAnoN309E ZOF2
REVISIONS
JOB No.:16-253 DATE: 6/14/2o18 FIELD BOOK: N/A CHECKED BY. MTO
SCALE: 1"=120' DRAWN BY: SPT PAGE. -N/A CADD FILE : 16-253-3 AUE
IN