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2011-226
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2011-226
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Last modified
2/17/2016 1:03:48 PM
Creation date
10/1/2015 4:56:37 AM
Metadata
Fields
Template:
Official Documents
Official Document Type
Agreement
Approved Date
11/01/2011
Control Number
2011-226
Agenda Item Number
8.M.
Entity Name
Beatty, Byron & Coleen
Subject
Right of Way purchase agreement 66th Ave. expansion
Area
North side of 12th St. Intersection 66th Ave.
Supplemental fields
SmeadsoftID
11669
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Y Original <br /> forth in this Agreement that certain parcel of real property located on the north side of 12th <br /> Street approximately 370 feet west of the 66th Avenue intersection , Vero Beach , Florida <br /> and more specifically described in the sketch and legal description attached as Exhibit "A", <br /> fee simple , containing approximately 0 . 91 acre , all improvements thereon , togetherwith all <br /> easements , rights and uses now or hereafter belonging thereto (collectively , the <br /> " Property") . Also , the purchase will include a 10 feet temporary construction easement, <br /> containing 4 , 960 . 2 square feet , running parallel with the proposed right-of--way, as <br /> described in Exhibit "A" . The County will also agree to purchase for $27 ,408 , personal <br /> property consisting of a 20 feet by 30 feet, free-standing tool shed with metal walls and <br /> gable roof, located at 1355 66th Avenue , between 12th Street and Atlantic Avenue . The <br /> Beatty's will grant the County a 404eet wide by 604eet long , temporary construction <br /> easement for the purposes of demolishing the tool shed . It will be the responsibility of the <br /> Beatty's to move the contents of the shed to another location upon notice from the County. <br /> 2 . 1 Purchase Price , Effective Date . The purchase price (" Purchase Price") for the <br /> Property shall be $ 55 , 655 . 60 (Fifty- Five Thousand Six Hundred Fifty- Five and 60/100 <br /> Dollars) plus $27 ,408 for the tool shed totaling $83 , 063 . 60 . The Purchase Price shall be <br /> paid on the Closing, Date . The Effective Date of this Agreement shall be the date upon <br /> which the County shall have approved the execution of this Agreement, either by approval <br /> by the Indian River County Board of County Commissioners at a formal meeting of such <br /> 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 /> (30) days from receipt of notice from County of title defects ("Curative Period ") . Seller shall <br /> use best efforts to cure the defects within the Curative Period and if the title defects are not <br /> cured within the Curative Period , County shall have thirty (30) days from the end of the <br /> Curative Period to elect, by written notice to Seller, to : (i) to terminate this Agreement , <br /> whereupon shall be of no further force and effect, or (ii) extend the Curative Period for up <br /> to an additional 90 days ; or (iii) accept title subject to existing defects and proceed to <br /> closing . <br /> 4 . Representations of the Seller. <br /> 4 . 1 Seller is indefeasibly seized of marketable , fee simple title to the Property, and is the <br /> sole owner of and has good right, title , and authority to convey and transfer the Property <br /> which is the subject matter of this Agreement, free and clear of all liens and <br /> encumbrances . <br /> 2 <br /> r_ <br />
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