2005-221 - Laserfiche WebLink

Home Browse Search

( b ) Drainage related to the widening of CR 512 east of 1 -95 adjacent to property owned by Seller will be satisfied on County- maintained property , and will not be on lands of Seller not acquired by County , unless the County has no viable alternative and the County and Seller mutually agree on County purchase of a pond site . (c) As part of the CR 512 widening east of k95 the County will provide a signalized intersection at CR 512 & 102nd Ave at no cost to Seller. (d ) The County acknowledges that Seller owns property along the south side CR 512 west of I -95 and that widening (four laning and/or six laning approximately 3 miles from 1 -95 to 130th Ave . ) of CR 512 may be desired by Seller in advance of County' s schedule for widening in order to serve development on such property owned by Seller. Seller may , subject to normal review and approval of design and construction by County , commence and complete such construction prior to the scheduled widening of CR 512 by giving written notice of the date of such commencement to the County. Seller understands that he will be required to make certain site- related improvements and site- related right-of-way dedications for items described by Sections 953 . 10 (6 ) ( b ) ( 1 ) , (3 ) , (4 ) , and (5 ) , of the Indian River County Code . For the cost of improvements for widening CR 512 over and above these site- related improvements , Seller shall receive credit against payment of traffic impact fees . For lands required by the County for right-of-way or right-of-way related improvements for CR 512 widening which are not site- related , the parties agree that the Seller shall receive impact fee credit for such right-of-way computed at the rate of $ 27 , 900 for each acre or part thereof. The right of Seller to widen CR 512 west of I -95 in accordance with this subparagraph (d ) will terminate at such time as the County commences design and construction of such widening . fir.. ( e ) Prior to the physical closing of existing ingress and egress for vehicles and utilities over the areas abandoned by the County (the Exhibit " B " property) Seller will permit the County and utilities providers to complete construction and opening of alternate access . Roadways on the Exhibit " B " property will not be physically closed , and utilities will not be removed , prior to inspection and approval of alternate access and utilities by the County Public Works Department , The County will have 36 months after the termination of the escrow in accordance with Addendum A to construct and approve such alternate ingress and egress for vehicles and utilities . 3 . Title . Seller shall convey marketable title to the ROW Property by warranty deed free of claims , liens , easements and encumbrances of record or known to Seller; but subject to property taxes for the year of Closing and covenants , restrictions and public utility easements of record provided (a ) there exists at Closing no violation of any of the foregoing ; and ( b ) none of the foregoing prevents County's intended use and development of the ROW Property ( " Permitted Exceptions " ) . County shall take title to the ROW Property "as- is , where is with all faults " as of the time of recording of the warranty deed to County, except for the representations and warranties of Seller set forth in this Agreement , the warranty deed , and in the closing documents . 3 . 1 Within thirty ( 30 ) days after the Effective Date of this Agreement Seller shall deliver to County a Title Insurance Commitment with respect to the ROW Property in the amount of $ 918 , 588 . Title insurance will be provided by Attorney' s Title Insurance Fund and will be 1 /18/05 2