Serv: 0.0. E)(cise Int Tax: [?e..e 1..., btl!.r. day of

(1)

sandy Crawford

Clerk Of courts, Brevard County

;

_#Pgs_:

~MIIWllll!ll~M~I~

3 #Names: 2

ust: 2.00 Rec: 13.00 Serv: 0.0

Tr _E)(cise_·.₀_.₀₀

OR Book/Page:

4121 / 1980

,' 0 CFN:2000022686 02-16-2000 11 :57 am

Deed:

o

.

7

o

Int Tax:

o

.

oo

'-M__:_tg:__:

_o

.

_oo_ _ _

~ -

-

---___,,

'---

-

----~---PUBUC INGRESS & EGRESS ACCESS EASEMENT

1

This Easement made this

/51-"

day

of

[?e..e

1....,

btl!.r

19991

by

FELCOR HOTEL ASSET COMPANY

,

L.L.C

.

,

fee

s

i

mple

owner of

the following-described parcel of land, of

545 East John Carpenter Freeway

1

Suite 1300, INing

1

Texas

,

75062, herein referred to as GRANTOR; and the

CITY OF COCOA BEACH

,

a Florida Mun

i

cipal Corporation; 2 South Orlando Avenue

1

Cocoa Beach, Florida

32931

1

herein referred to as GRANTEE

;

GRANTOR in consideration of TEN DOLLARS($ 10

.

00) and other valuable consideration to GRANTOR

paid by GRANTEE, the receipt and sufficiency of which is hereby acknowledged

l

does hereby grant an

Easement in Gross to GRANTEE forever! to have and to hold for a public use traditionally made of a Public

Ingress & Egress Access Easement, including but not

li

mited to

:

a public access sidewalk and pedestrian

travelway, and for use

by

public safety emergency vehicles such as police, fire, and rescue, and the other allied

uses pertaining thereto with full right of ingress and egress for the purposes herein stated; over

1

under, above

and through the following described lands in Brevard County, Florida, to-wit:

An 18.00 foot wide easement for Ingress and Egress, being a portion of Lots 1 through 7, Block 15, portions of Lot 1, 6, 7 and 8 of Block 16, portions of Lots 5, 11 and 12, Block 14, SEA CREST BEACH according to the plat thereof as recorded in Plat Book 3, Page 3 of the Public Records of Brevard County, Florida, and portions of vacated Holly Avenue and Banks Street as shown on said plat, lying 9.00 feet 011 each side of the following described centerline:

Commence at the Southwest corner of Lot 9 Block 15 of said plat; thence S88°56'54"E, along the South line of said Lot 9 and the North right of way line of Tulip Avenue (a 50.00 foot wide right of way as shown on said plat), a distance of 25.00 feet, to a point on the Easterly right of way line of State Road A-1 -A (a 100.00 foot wide right of way); thence N04°27'30"E, along said Easterly right of way line, a distance of 280.00 feet, to a point on the South right of way

line

of said Holly Avenue; thence S88°53'31"E, along said Sou\h right of way \ine, a distance of 50.09 fee\, to a point on the West end of that portion of Holly Avenue vacated by the City of Cocoa Beach by resolution number 80-34; thence N04°27'30"E, along the West end of said vacated right of way, a distance of 10.19 feet, to the POINT OF BEGINNING of the herein described centerline; thence S88°12'36"E, a distance of 121.51 feet, to a point of intersection with a non-tangent curve, concave Southerly, having a radius of 46.03 feet and a central angle of 27"04'59"; thence Easterly, along the arc of said curve to the right, a distance of 21 .76 feet (said arc subtended by a chord bearing S77°47'04"E, a distance of 21 .55 feet), to a point of intersection with a non~tangent line; thence S59°03'38"E, a distance of 64.37 feet, to a point of intersection with a non-tangent curve, concave Northerly, having a radius of 84.70

feet and a central angle of 67°36'15"; thence Easterly, along the arc of said curve to the left, a distance of

99.94 feet (said arc subtended by

a

chord bearing N85°44'35"E, a distance of 94.24 feet), to a point

of

intersection with a non-tangent line; thence N52°34'44"E, a distance of 79,80 feet, to a point of intersection with a non-tangent curve, concave Southerly, having a radius of 81 .89 feet and a central angle of 71 °18'01 11 ;

thence Easterly, along the arc of said curve to the right, a distance of 101.91 feet (said arc subtended by a chord bearing N88°17'36"E, a distance of 95.46 feet), to a point of intersection with a non-tangent line; thence S60°04'38"E, a distance of 129.38 feet, to a point of intersection with a non-tangent curve, concave Northerly, having a radius of 79.61 feet and a central angle of 68°47'27"; thence Easterly, along the arc of said curve to the

left, a distance of 95

.58 feet (said arc subtended by

a chord bearing N83°59'01 "E,

a

distance of 89.94 feet), to a point of intersection with a non-tangent line; thence N47°43'30"E, a distance of 76.11 feet, to a point of intersection with a non-tangent curve, concave Southerly, having a radius of 59.22 feet and a central angle of 52°22'11"; thence Easterly, along the arc of said curve to the right, a distance of 54 .13 feet (said arc subtended by a chord bearing N79°30'07"E, a distance of 52.26 feet), to a point of intersection with a non-tangent line; thence S88°58'49"E, a distance of 195.60 feet, to a point on the Easterly end of said vacated right of way and the POINT OF TERMINATION of the herein described

centerline.

(2)

J

The sidelines of the herein described easement are to be lengthened or shortened so as to meet at the

•I

angle points formed.

Containing 0.43 acres, more or less. (A portion of Parcel ID# 24-25-37-03-CV-00013.0-0001.00)

A sketch to accoi:npany the above descriptlon is attached hereto as Exhibit

"A".

Reserving to the GRANTOR all rights not inconsistent with said easement, including reversion upon release by

GRANTEE.

IN WITNESS WHEREOF, GRANTOR have hereunto set GRANTOR'S hand and seal the

day

and year first

above written

.

Signed in the presence of:

Grantor(s):

FELCOR HOTEL ASSET COMPANY,

L.L

.

C

.

-r#

I)

a◄~·-·

~ ' t ' ~ ~ ~ ; _ _ _ - - ~

'IV

Print Name

:

LAwc~µ, e

D. e,,.

NSd~

Address

:

51/5 &,

hbN 4rfet!tcr:

Ec«11y-

₁

/#/3tXJ

Pri

rr11,.

eJj

I

TX 7,,s-

tJ'

2 rn~lll~~lfflllllilli~

Ass,

.

secret~ry

CFN:2000022686

OR 600\<./Page:

4121 / 1981

STATE OF

~x'.A..5

COUNTY OF _U~u=l-=lb;...

s

-The foregoing instrument was acknowledged before me this \

6 i''h

day of

J?Ec..

, ~ . by

of

[A.vr,e,,Jq.,.

y.

~,J.s.of

,

and

N'/fl.

,

the

&.

\/-71

t

(&I~

Hr,r4

Asser

Co

Llcrcorporation), on behalf of said corporation, who is personally known to me or who

and_...t...;t:!;+,/A..____ _ _ _ _ _ _ _ _ as

produced

~~A

identification and

wno

(M1

(did not) take an oath.

ryPuhlic(S~

re), State of

4,;xtl.!i

~Wt

?A~

Notary Public (Typed,Pnted or Stamped)

Commission Expires: _

___.;1_

-

_.z_g_,_o_t_ _ _ _ __

ACCEPTED BY the City of Cocoa Beach by the City Commission at its meeting of

:

sD:xeco't?e-r

\(oJ

\q9q_

~

~Kalaghchy,

M~J7i2

City

Pursuant to Section 695.26(3)(f). this instrument exempt from Chapter 695, F.S. Prepared by and return to a Public Official: City Manager,

City of Cocoa Beach; 2 South Orlando Avenue; Cocoa Beach, Florida 32931.

Page 2 of 3

C:\My Documents\1999 Letters&. Memos\Holiday Inn Easement.doc

(3)

EXHIBIT''A"-

<1

of

1)

I

_{____}

,..

_____

, _ . ~... ...

--

··--

,

....

-

..

-

. ... ·-- - I - .--.~ . ... . .. ,. • .,.

I

,-I

'SKETCH TO ACCOMPANY DESCRIPTION

NOT A BOUNDARY SURVEY

. 18' WIDE INGRESS

&

EGRESS EASEMENT

R=-81.~9'

~

<q

.

f

POINT

OF

BEGINNING

07,2·s6~6:

Z

I

No

,~

'5'

.

e3~

,-...(

S.BQ'S,'Jf'E~e!

·S~

.

~

I ~.09•~ •

'v

1<

f

_{"( I ..}

ban~

• e

6't

~~cq

.

a

n'?

•1nQi ~

i

Z

:

~

t!

~

~:'

~ ~~

R-=

-~;.,

o Q " q_

IA~ei

n::~

li:;~

n

o~srJ .

ii{

!t

~

~~

Sij~

II°'(·

A=99.94-o

~

0 ~

; ~;

~ ~

~

! i

i I r "'\ ..J

~

~ ~

!

!-iJ

~ ~~~ ~

POROONS OF LOTS 5, 1t ct 12, BLOCK 14, SCALE:

1·=100'

V ~ ~ Q ~

5

POfmONS Or LOTS 1-7, BLOCK t ~.

rr,

:S

• ).., ,.,

3 ~

...

05

POrmoNS OF" LOTS t, 6-8, BLOCK f~.

,.... ;

8

r l.il ~~ ~ .'.NO PORTIONS Of VACA.T!P HOLJ.Y A'vf:MJE &- BANKS STR££T'

OR Book/Page:

4121 /

1982

. 25.00'

. S.88"5~'54 .,£.

_POINT

OF

_TERMINATION

'

R:::59..

,,

"

D==

~

..

~~

.

D=Bs-47~7•

~BREVIA11~~~~rn

A=95.58'

D C£NTRAL ANGLE

EXHIBIT "A"

R P.ADIUS

SHEET 1 OF2

PREPARED BY:

SURVEYOR'S NOTES:

1. THIS IS NOT A SURV£Y.

ALLEN

1-"llingineering, Inc.

2. The bean'ngs shown hereon orfl bos~d on o beoring

of S88.56'54"£ along the South line of ·

Lot 9. Block 15 and the North right of way flne of Tulip Avenue.

SURVEYORS - ·ENGINEERS

106 DOOR LANE (P.O. BOX 321321)

J.

• =

Denotes change In direction (no corner found or set).

COCOA BEACH, FLORIDA 321132-1321

TELEPHONE: (107)783-7«3

'FAX:

(40'1)783-5902

3. SEE SHEET 2 FOR

DESCRJI>11ON,

SURVEYORtS

a--+---

_2.

CERTIFICATION & SURVEYOR'S NOTES.

(4)

Sandy

Crawford

C\er\{ Of courts, Brevard county

Illllll lllll llllllllll lllll llllmlmlllllllllllllllllllllllllllllllllllllll

#Names: 2 serv:

o

.

oo

Rec. ,3,00 00 CFN:2000022685 02-16-200011 :57 am

· excise: 0.

\nt Tax: 0.00 OR Book/Page:

4121 / 1977

PUBLIC INGRESS

&

EGRESS ACCESS EASEMENT

This Easement made this

JS"'

1 day of

PQ'c.~,llf

b

er

,

1999,

by

FELCOR HOTEL ASSET COMPANY, L.L

.

C., fee slmple owner of the following-described parcel of land, of

545 East John Carpenter Freeway, Suite 1300

1

Irving, Texas, 75062

,

herein referred to as GRANTOR; and the

CITY OF COCOA BEACH, a Florida Municipal Corporation; 2 South Orlando Avenue, Cocoa Beach, Florida

32931, herein referred to as GRANTEE;

GRANTOR in consideration ofTEN DOLLARS($ 10

.

00) and other valuable consideration to GRANTOR

paid

by

GRANTEE, the receipt and sufficiency of which is hereby acknowledged, does hereby grant an

Easement

In

Gross

to

GRANTEE forever,

to

have and

to

hold

for a

public

use

traditionally

made of a Public

Ingress

&

Egress Access Easement,

including but

not

limited

to

:

a public access vehicle drive and travelway,

and the other allied uses pertaining thereto with full right of ingress and egress for the purposes herein stated;

over, under, above and through the following descr

i

bed lands In Brevard County, Florida, to-wit:

An easement for Ingress and Egress, being a portion of Lots1 through 8,

Block

13, and

a portion of

Lots 1 through 10, Block 14, SEA CREST BEACH according to the plat thereof as recorded In Plat Book 3, Page 3 of the Public Records of Brevard County, Florida, and a portfon of vacated Banks Street as shown on said plat, being more particularly described as follows:

Commence at the Southwest corner of Lot 9 Block 15 of said plat; thence S88°56'54"E, along the South line of /3afd Lot 9 and the North right of way line of Tulip Avenue (a 50.00 foot wide right of way as shown on said plat), a distance of 25,00 feet, to a point on the Easterly right of way line of State Road A-1-A (a 100.00 foot wide right of way); thence N04°27'30"E, along said Easterly right of way line, a distance of 596.09 feet, to the POINT OF BEGINNING of the herein described easement: thence continue, N04°27'30"E, along said Easterly rlght of way fine, a distance of 22.04 feet; thence S88°46'34"E, a distance of 769,99 feet; thence S01°40'28''W, a distance of 234.03 feet; thence S88°19'32"E, a distance of 40.73 feet; thence S01°40'28"W, a distance of 29.00 feet; thence N88°19'32"W, a distance of 62.73 feet; thence

N01 °40'28"E, a distance of 240,86 feeti thence N889 ₄₆1₃₄11 _{W, a distance of 749.06 feet, to the POINT OF} BEGINNING.

Containing 0.54 acres, more or less. (A portion of Parcel ID# 24-26-37-03-CV-00013.0-0001 .00) A sketch to accompany the above description is attached hereto as Exhibit "A",

.

Reserving to the GRANTOR all rights not Inconsistent with said easement, Including reversion upon release by

GRANTEE.

IN WITNESS WHEREOF, GRANTOR have hereunto set GRANTOR'S hand and seal the day and year first

above written

.

Signed in the presence of:

Grantor(s):

FELCOR HOTEL ASSET COMPANY, L.L.C

.

ACKNOWLEDGMENT ON PAGE 2 page 1 of 3

(5)

· I

..

,

i''

..

,( '

_...

'

...

IIIIHlllllllllllllllll lllll lill

IHI

1111111111!11111111111111111111

CFN:2000022685

OR Book/Page:

4121 I 1978

Secretary

r~11.4

~

STATE OF

¾~

COUNTY OF

'vAIIA.!i

The foregoing Instrument was acknowledged before me this

\-6

:fu

day of

YP'.C.:.

,~ .

by

IAvfY:.clC!b

]?.

?v,bitf6aJ

,

and

cJ/A

,

the

6E,

3/.

7,

of

( t l ~

~

Ms4

Cb- J.-Le,(corporation), on behalf of said corporation, who Is personally known to me or who

as

produced

p.l/4

and

rJ(A

identification and who

(M)

(did not) take an oath.

,.---

..

,.-..,.-..,-..

___

~--ubllc{~). State of

¾XA..s

( .:t~'~·-

.

:·,·

.

•

· \

SC

AR LE TT

RAY

NOTARY PUBLIC

~~~~

\

, ,

*,

' ,/'.f STHEOFTEXAS

J

Notary Public (Typed,Prined or Stamped) _{,,,,,., •}_,_·y•· _{lv1~<:(\"'1M,}_{f.XP,07-28•01}

1

...-,1..._.,.,_ ... ,,..J .... . , . . , . . ; _ , ~

-Commission Expires: _

...:,-r_·.;....2_~_-

o_l

___

_

Pursuant io Section 695.26(3)(f), this Instrument exempt from Chapter 695, F.S. Prepared by ~nd return to a Public Official: City Manager, City of Cocoa Beach; 2 South Orlando Avenue; Cocoa Beach, Floridll 32931,

Page 2 of 3 C:\My Documents\1999 Letters & Memos\Holiday Inn Easement.doc

(6)

EXHIBIT "A" l1

of

1}

••,

SKETCH TO ACCOMPANY DESCRIPTION

NOT A BQUNDARY SURVEY

INGRESS

&

ijGRESS EASEMENT

~

R

~

S.88"46'34"£.

~ ~

f

SUBJECT PARCEL

· ~

\

.

N.8846'34-W.

~ ~

POINT OF BEGINNING

PORrKJNS

or wrs

1-8, BLOCK tJ

SEA CREST BEACH

PLA.T BOOK .J, PNl( J

IIM~~IIMIIIIIIII

' CFN:2000022685

OR Book/Page:

4121 / 1979

769.99'

td

COM'AJNINO 0,5-1 ACRt::s i:

749.06'

SOUTH LJNc OF LOT 9 cf:

NORrn RIGHT' OF W~Y UN(

or

TUUP A\-£H/Jc

TULIP AVENUE

(50,00' WIDE' RIGHT OF' WA)?

PRKPARED BY:

~fString, Inc.

SOimYORS - ENGINEERS

106 'DIXIE

JANE

(P.O. BOX 321321) .

EXHIBIT "A"

COCOA BEACH, FLORIDA 32932-1321

SHEET l OF 2

TELEPHONE:, (i07)783-7«3 FAX! (407)783-5902

SEE SHEET 2 FOR DESCRIPTION, SURVEYOR'S

~

t-3 2

-.

.

1 - - - : - - - - 1

CERTIBICATION & SURVEYOR'S NOTES.

~

1--1.

1--~---+-PR~ffi~W?~£D~AN~D~crn=nF/,='£D~FOR : - - - ,

...

"I

OAT£: 8-J1-S9

I

DRAWN SY: OJG BRISTOL HOTELS & RESORTS . . ~

JOB NO. 990104

I

SCALE: t"t=100' _ _ ··--· ----... Page3of3

(7)

\

..,.

Sandy Crawford

Clerk Of Courts, Brevard County

#Pgs; 3

#Names:

2 1m1i1~111~,1m

Trust: 2,00 Rec: 13.00 Serv· O 00

02-16-200011:57 am

Deed· 0 70 · · CFN:20000Z2684

Mtg· '

o

oo

Excise: 0,00

· · Int Tax: 0.00 OR Book/Page:

4121 / 1974

PUBLIC INGRESS

&

EGRESS ACCESS AND PARKING EASEMENT

This Easement made this

1.51k

day of

Dec:

em

be.

r-

, 1999, by

FELCOR HOTEL ASSET COMPANY, L.L.C.

1

fee simple owner of the following-described parcel of land, of

545 East John Carpenter Freeway, Suite 1300, Irving, Texas, 75062, herein referred to as GRANTOR; and the

CITY OF COCOA BEACH,

a

Florida Municipal Corporation; 2 South Orlando Avenue, Cocoa Beach

,

Florida

32931, herein referred to as GRANTEE;

GRANTOR In consideration of TEN DOLLARS($ 10

.

00) and other valuable consideration to GRANTOR

paid by GRANTEE, the receipt and sufficiency of which is hereby acknowledged, does hereby grant an

Easement In Gross

to

GRANTEE forever, to have

and

to hold for

a

public use traditionally made of a Public

Ingress & Egress Access and Parking Easement

,

including but not limited to: a public access vehicle drive and

travelway and parking area for

motor

vehicles, and the other all

ied uses pertaining thereto with full right of

ingress and egress for the purposes herein stated; over, under, above and through the following described lands

in Brevard County, Florida, to-wit:

An easement for Ingress, Egress and Parking, being a portion of Lot5, Block 14, SEA CREST BEACH according to the plat thereof as recorded in Plat Sook 3, Page 3 of the Public Records of Brevard County, Florida, being more particularly described as follows:

Commence at the Southwest corner of Lot 9, Block 15 of said plat; thence S88°56'54"E1 along the South line of said Lot 9 and the North right of way tine of Tulip Avenue (a 50.00 foot wide right of way as shown on said plat), a distance of 25.00 feet, to a point on the Easterly right of

way

line of State Road

A-1-A

(a 100.00 foot wide right of way); thence N04°27'30"E, along said Easterly right of

way line, a

distance

of

596,09 feet ; thence S88°461₃₄11 _{E, a distance of 749.06 feet; thence S01°40'28}11

W, a distance of 240.86 feet; thence S88°19'32"E, a distance of 62.73 feet, to the POINT OF BEGINNING of the herein described easement; thence N01 °40'28"E, a distance of 29.00 feet; thence S88°19'32"E, a distance of 20.00 feet; thence S01 °40'2811 _{W, a distance of 29.00 feet; thence N88°19'32"W, a d}_{istance of 20.00 feet, to the POINT}

OF BEGINNING.

Containing D.01 acres, more or less. (A portion

or

Parcel ID# 24-25-37-03-CV-00013.D-0001 .0D)

A sketch to accompany the above description Is attached hereto as Exhibit "A".

Reserving to the GRANTOR all rights not Inconsistent with said easement, including reversion upon release

by

GRANTEE.

IN WITNESS WHEREOF, GRANTOR have hereunto set GRANTOR'S hand and seal the day and year first

above written

,

Signed in the presence of:

Grantor(s):

FELCOR HOTEL ASSET COMPANY

,

L.L.C

.

page 1 of 3

ACKNOWLEDGMENT ON PAGE 2

(8)

Jl[~!{~~j!l![Hllil~llmt~ll/111111111111111111

OR Book/Page:

4121 / 1975

f\s$f,

Secretary

'ic)l4$

STATE OF

COUNTY OF

_¼~l'A~s.______

The foregoing instrument was acknowledged before me this

t-5::rh,

day of

D2=c.. .

,

.tli+,

by

IA~

y,=@j,J6J

, and

r/(A

,

the

Su,V•7•

of

~\Ct,i

;:lar,:J

k~,a:

Co.

u.,gcorporation)

,

on behalf of said corporation, who Is personally known to me or who

produced---+><+~--- and

t-f(A

as

identification and who

(tUd-)

(did not} take an oath,

Notary Public

(Signa~tate

of _ _1._u:::,£=><A"-'-=s_ _

~~~tr

?A,/

Notary Public

(Typed, Printe?d or Stamped)

Commission Expires

:

-~1_..·

2"""---'<iS'--.-·_O-'l'---

ACCEPTED BY the City of Cocoa Beach by the City Commission

Pursuant to Section 695.26(3)(f), this Instrument exempt from Chapter 695, F.S. Prepared by and return to a Public Official: City Manager, City of Cocoa Beach; 2 South Orlando Avenue; Cocoa Beach, Florida 32931.

Paga 2 of 3 C:\My Docurnents\1999 Letters & Memos\Hollday Inn Easement.doc

(9)

..

\ '• I

EXHIBIT

"A"

<1

of

11

I

(

SKETCH TO ACCOMPANY DESCRIPTION

NOT A BOUNDARY

SURVEY

~GRESS, EGRESS AND PARKING EASEJ.\ffiNT

PORTIONS OF' LOT 5, BLOCK 74

SEA CREST BEACH

S.lUf.46'J-4"r.

_749,06',,f

PLAT BOOK J, PACE J

r

Y

ta

~

0~

!j

~I

8 9>

('-l

~

-~

~

~§

....

~

• Cl)

'

S.88't9'J2"E..

62.7.J'A

l

\._ s.88"56'5425.oo'

A

-r.

j

y

20.00'

MW19'32-W.

- \

y

_{POINT OF BEGINNING}

' - . SOVTH UNE OF LOT 9 4'

NORm RJCHr OF ~y LJNE OF' TWP AVORJE

· ·EXHIBIT "A"

SHBBT10F2

PREPARED BY:

\\\\\\\I\\\\\\

\I\\\\\\\\\\\

\\\\\l\\\\\\\\\\\il1\\1

cFN:2000022684

1976

OR Bool</Page:

412 1 /

_.,,

.

_Ak~fi~eering, Inc.

.

SURVKYORS - ENGINEERS 106 DIXIE LANE (P.O. BOI 321321) · . COCO! BHACH, FLORIDA 32932-1321

TELEPHONE: (-i07)763-7«3 Fil: (4-07)78H902

3,

SEE SHEET 2 FOR DESCRIPTION, SUR.VBYOR

1

S

~ f - - - 1

2. CERTIFICATION

& SURVEYOR'S NOTES.

l - f - - - + - - - ~ ' " " " ' = - - - - ---1

,

1. PREPARED AND CERTIFIED FOR: