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Rl - � THIS INSTRUMENT WAS PREPARED BY 10/2f (PLANVuntlb&O)LEGAL(wGC/nhm) AND SHOULD BE RETURNED TO; Indian River County Attomey's Office Mt11E p�pppg OF 184025th Street ,�}a�rK g�F-oe DOMIMENTARY STAMPS 40 (/ Vero Beach,FL 32980 INDIANRIVERCC.,FLpi.T DEED 3,7 0 (581)587-8000,Ext.425 NOTE$ r JEFFREY K.PARTON•CLERK WARRANTY DEED INDIAN RIPEN COUNTY 0 THIS WARRANTY DEED made the q day of 1997, by SIDNEY M. BANACK, JR., whose post office address is P Box 266, Vero Beach, Florida 32961, hereinafter called the "Grantor," to I DIAN RIVER COUNTY, a political subdivision of the State of Florida, whose post office address Cz is 1840 25th Street, Vero Beach, Florida 32960, hereinafter called the"Grantee." (Wherever 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.) WITNESSES: That the Grantor, for and in consideration of the sum of Ten and No/100 Dollars($10.00)and other good and valuable consideration in hand paid, receipt of which is acknowledged, hereby grants, aliens, remises, releases, conveys and confirms unto theGrantee orraroad right- of-way and related purposes, all that certain land situate in Indian River County, Florida,to-wit: See Exhibits A-1 and A-2 attached hereto and made a part hereof. following: The conveyance hereby made is contingent and conditioned on the 1• Conveyance by the Grantee of good and marketable title, free of any encumbrances or liens, of 61.7 feet lying Northerly of and adjacent to the Main Relief Canal right-of-way, described as follows: The South 61.70 feet of that part of the Southeast 1/4 of the Southeast 1/4 of Section 5, Township 33 South, Range 39 East, lying North of and measured perpendicularly to the North boundary of the Main Canal of the Indian River Farms Water Control District; LESS AND EXCEPT that land conveyed to the State of Florida as described in Deed Book 78, Page 185, of the Public Records of Indian River Cbunty. ALSO, LESS AND EXCEPT the easterly 40 feet of the above described parcel, measured perpendicular to the West line of the first named exception; 2• S"gnalization of the intersection of the road to be constructed upon the real property conveyed hereby, "new Lundberg Road,"and Kings Highway, as soon as traffic volume warrants, 01 to be designed in connection with pending design of Lundberg Road and Kings Highway; N: 3. Grantee's construction of a new Lundberg Road in conjunction with Kings Highway at no expense to Grantor within twenty-four CZ a (24)months from date;and 1