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2011-241
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2011-241
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Last modified
2/18/2016 1:15:10 PM
Creation date
10/1/2015 4:53:43 AM
Metadata
Fields
Template:
Official Documents
Official Document Type
Agreement
Approved Date
12/06/2011
Control Number
2011-241
Agenda Item Number
8.L.
Entity Name
Atwell, Debra Ashwood
Subject
Purchase of right of way easement recorded deed
66th Ave. expansion
Area
6435 12th Street
Supplemental fields
SmeadsoftID
11655
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5 - ORIGINAL <br /> forth in this Agreement that certain parcels of real property located at 6435 12th Street , <br /> Vero Beach , Florida and more specifically described in the sketch and legal description <br /> attached as Exhibit "A" , fee simple , containing a total of 32 , 870 square feet to be used as <br /> right-of-way and all improvements thereon , together with all easements , rights and uses <br /> now or hereafter belonging thereto (collectively, the " Property") . To be included in the <br /> agreement to purchase is a 15 feet wide temporary construction easement running parallel <br /> with the proposed north right of way line on both project parcels #24 and #25 . The <br /> purpose of this easement is to build a berm , locate a new perimeter fence (specifications <br /> as shown in Exhibit " B") upon that berm , grade slope , structure drainage and re-sodding . <br /> The roadway drainage will be collected through permitted drainage collector systems and <br /> will not drain outside the right of way. Drainage on private property will be collected in a <br /> similar manner as existing conditions , and transmitted to the IRFWCD sub-lateral B- <br /> Canal . Every effort will be made to provide an adequate drainage system as ogd as o <br /> better than the existin ondif on . H�-9ft 4d4Aw <br /> IWAl.�lj; al� . 077 14 0 Z ��aC � 4e Ori X &,a 5 p <br /> 2 . 1 Purchase Price , Effective Date . The purchase price (" Purchase Price") for the <br /> Property shall be Forty-Two Thousand Seventy-Three Dollars ($42 , 073 Dollars) and sha <br /> be paid on the Closing Date . In addition , the seller agrees the project contractor will be <br /> responsible for the installation of approximately 657 feet of diamond mesh wire horse <br /> fence , fence specifications attached as "Addendum # 1 , and moving the front entrance <br /> gates to be reinstalled behind the new right-of4ay line . Seller will be responsible for the <br /> root pruning and moving of 20 Live Oak Trees and 2 Coconut Trees at a price of $ 5 , 500 . <br /> The County agrees to allow the Seller to move a group of Sabal Palms that fall directly on <br /> the southwest boundary of the property , at her own expense . The storm-water drainage <br /> will essentially be the same as pre-construction , with the exception of the installation of an <br /> 18" pipe , or 24" pipe , if possible , to move the drainage water away from the property . The <br /> County agrees to remove the driveway at station 25 of the project plans , to grade a mow <br /> able swale on the north side of the perimeter berm , re-sod graded surfaces with Bahia <br /> grass , pave the road to the east line of the parcel owner, and complete the construction <br /> work during the months of April through October, to minimize the adverse effects on the <br /> property owner's ranch business . The total price to be paid to the Seller for the land and <br /> the moving of the trees shall be $47 , 573 . The Effective Date of this Agreement shall be <br /> the date upon which the County shall have approved the execution of this Agreement, <br /> either by approval by the Indian River County Board of County Commissioners at a formal <br /> meeting of such Board or by the County Administrator pursuant to his delegated authority. <br /> 3 . Title . Seller shall convey marketable title to the Property by warranty deed free of <br /> claims , liens , easements and encumbrances of record or known to Seller; but subject to <br /> property taxes for the year of Closing and covenants , restrictions and public utility <br /> easements of record provided (a) there exists at Closing no violation of any of the <br /> foregoing ; and (b) none of the foregoing prevents County's intended use and development <br /> of the Property (" Permitted Exceptions") . <br /> 3 . 1 County may order an Ownership and Encumbrance Report or Title Insurance <br /> Commitment with respect to the Property. County shall within fifteen ( 15) days following <br /> the Effective Date of this Agreement deliver written notice to Seller of title defects . Title <br /> shall be deemed acceptable to County if (a) County fails to deliver notice of defects within <br /> the time specified , or (b) County delivers notice and Seller cures the defects within thirty <br /> 2 <br />
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