HomeMy WebLinkAbout2009-215 ORIGINAL
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AGREEMENT TO PURCHASE , SELL , AND LEASE REAL ESTATE
BETWEEN INDIAN RIVER COUNTY
AND
THOMAS W . LEWIS AND BARBARA J . LEWIS , HUSBAND AND WIFE
THIS AGREEMENT TO PURCHASE AND SELL REAL ESTATE ( "Agreement" ) is
made and entered into as of the 18th day of August , 2009 , by and between
Indian River County , a political subdivision of the State of Florida ("the County") , and
Thomas W . and Barbara J . Lewis , husband and wife , (" Sellers " ) , who agree as follows :
WHEREAS , The Lewis ' s own property located at 6420 53 `d Street , Vero Beach ,
Florida . A sketch and legal description of the property is attached to this agreement as
Exhibit "A" and incorporated by reference herein ; and
WHEREAS , the County , is scheduled to expand 66th Avenue in the future and the
road expansion will impact and affect the Lewis ' s property ; and
WHEREAS , in order for the County to proceed with its road expansion plans , the
Count needs to purchase property to be used as right-of-way from landowners adjacent
to 53r Street , and
WHEREAS , the County has contacted the Lewis ' s and has offered to purchase an
approximate total of 0 . 376 acres of property from the Lewis ' s to be used as right-of-way as
depicted on Exhibit " A" (the Property) ; and
WHEREAS , the County is prepared to take the Property by using its power of
eminent domain ; and
WHEREAS , Thomas W . Lewis and Barbara J . Lewis and the County wish to avoid
the risk , time and expense of litigation by entering into this agreement for sale and
purchase of the Property ;
NOW , THEREFORE , in consideration of the mutual terms , conditions , promises ,
covenants and premises hereinafter , the COUNTY and SELLER agree as follows :
1 . Recitals . The above recitals are affirmed as being true and correct and are
incorporated herein
2 . Agreement to Purchase and Sell . The Seller hereby agrees to sell to the County ,
and the County hereby agrees to purchase from Seller , upon the terms and conditions set
forth in this Agreement that certain parcel of real property located at 6420 53rd Street , Vero
Beach , Florida and more specifically described in the sketch and legal description attached
1
ORIGINAL
as Exhibit "A" , containing approximately 0 . 376 acres , and all improvements thereon ,
together with all easements , rights and uses now or hereafter belonging thereto
( collectively , the " Property" ) .
2 . 1 Purchase Price , Effective Date . The purchase price (" Purchase Price " ) for
the Property shall be $ 19 , 458 ( Nineteen Thousand Four Hundred Fifty- Eight Dollars) , also
attached to this agreement as Exhibit " B " and incorporated by reference herein , an
addendum listing the projected cost of moving personal property within the proposed right-
of-way ( $ 16 , 300 ) and attached to this agreement as Exhibit " C " and incorporated by
reference herein , an addendum listing the projected cost of drilling a new flow well on the
Lewis ' s property . The combined total of the land purchase price , the cost of relocating the
personal property and drilling the new flow well is $45 , 708 ( Forty Five Thousand Seven
Hundred Eight Dollars) . The Purchase Price shall be paid on the Closing Date . The
Effective Date of this Agreement shall be the date upon which the County shall have
approved the execution of this Agreement , either by approval by the Indian River County
Board of County Commissioners at a formal meeting of such Board or by the County
Administrator pursuant to his delegated authority .
3 . Title . Seller shall convey marketable title to the 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 Property ( " Permitted Exceptions ") .
3 . 1 County may order an Ownership and Encumbrance Report or Title Insurance
Commitment with respect to the Property . County shall within fifteen ( 15 ) days following
the Effective Date of this Agreement deliver written notice to Seller of title defects . Title
shall be deemed acceptable to County if ( a ) County fails to deliver notice of defects within
the time specified , or ( b ) County delivers notice and Seller cures the defects within thirty
( 30 ) days from receipt of notice from County of title defects (" Curative Period ") . Seller shall
use best efforts to cure the defects within the Curative Period and if the title defects are not
cured within the Curative Period , County shall have thirty ( 30 ) days from the end of the
Curative Period to elect , by written notice to Seller , to : ( i ) to terminate this Agreement ,
whereupon shall be of no further force and effect , or ( ii ) extend the Curative Period for up
to an additional 90 days ; or ( iii ) accept title subject to existing defects and proceed to
closing .
4 . Representations of the Seller .
4 . 1 Seller is indefeasibly seized of marketable , fee simple title to the Property , and is the
sole owner of and has good right , title , and authority to convey and transfer the Property
which is the subject matter of this Agreement , free and clear of all liens and
encumbrances .
4 . 2 From and after the Effective Date of this Agreement , Seller shall take no action
which would impair or otherwise affect title to any portion of the Property , and shall record
2
ORIGINAL
no documents in the Public Records which would affect title to the Property , without the
prior written consent of the County .
4 . 3 There are no existing or pending special assessments affecting the Property , which
are or may be assessed by any governmental authority , water or sewer authority , school
district , drainage district or any other special taxing district .
5 . Default .
5 . 1 In the event the County shall fail to perform any of its obligations hereunder , the
Seller shall , at its sole option , be entitled to : ( i ) terminate this Agreement by written notice
delivered to the County at or prior to the Closing Date and thereupon neither the Seller nor
any other person or party shall have any claim for specific performance , damages , or
otherwise against the County ; or ( ii ) waive the County' s default and proceed to Closing .
5 . 2 In the event the Seller shall fail to perform any of its obligations hereunder , the
County shall , at its sole option , be entitled to : ( i ) terminate this Agreement by written notice
delivered to the Seller at or prior to the Closing Date and thereupon neither the County nor
any other person or party shall have any claim for specific performance , damages or
otherwise against the Seller ; or ( ii ) obtain specific performance of the terms and conditions
hereof; or ( iii ) waive the Seller' s default and proceed to Closing :
6 . Closing ,
6 . 1 The closing of the transaction contemplated herein (" Closing " and " Closing Date " )
shall take place within 45 days following the execution of the contract by the Chairman of
the Board of County Commissioners . The parties agree that the Closing shall be as
follows :
( a ) The Seller shall execute and deliver to the County a warranty deed conveying
marketable title to the Property , free and clear of all liens and encumbrances and in the
condition required by paragraph 3 .
( b ) The Seller shall have removed all of its personal property and equipment from the
Property and Seller shall deliver possession of the Property to County vacant and in the
same or better condition that existed at the Effective Date hereof .
( c) If Seller is obligated to discharge any encumbrances at or prior to Closing and fails
to do so , County may use a portion of Purchase Price funds to satisfy the encumbrances .
( d ) If the Seller is a non - resident alien or foreign entity , Seller shall deliver to the County
an affidavit , in a form acceptable to the County , certifying that the Seller and any interest
holders are not subject to tax under the Foreign Investment and Real Property Tax Act of
1980 .
(e) The Seller and the County shall each deliver to the other such other documents or
3
ORIGINAL
instruments as may reasonably be required to close this transaction .
6 . 2 Taxes . All taxes and special assessments which are a lien upon the property on or
prior to the Closing Date (except current taxes which are not yet due and payable )
shall be paid by the Seller .
7 . Closing Costs ; Expenses . County shall be responsible for preparation of all Closing
documents .
7 . 1 County shall pay the following expenses at Closing :
7 . 1 . 1 The cost of recording the warranty deed and any release or satisfaction obtained by
Seller pursuant to this Agreement .
7 . 1 . 2 Documentary Stamps required to be affixed to the warranty deed .
7 . 1 . 3 All costs and premiums for the owner's marketability title insurance commitment and
policy , if any .
7 . 2 Seller shall pay the following expenses at or prior to Closing :
7 . 2 . 1 All costs necessary to cure title defect( s ) or encumbrances , other than the
Permitted Exceptions , and to satisfy or release of record all existing mortgages , liens or
encumbrances upon the Property .
8 . Miscellaneous .
8 . 1 Controllinq Law . This Agreement shall be construed and enforced in accordance
with the laws of the State of Florida . Venue shall be in Indian River County for all state
court matters , and in the Southern District of Florida for all federal court matters .
8 . 2 Condemnation . In the event that all or any part of the Property shall be acquired or
condemned for any public or quasi - public use or purpose , or if any acquisition or
condemnation proceedings shall be threatened or begun prior to the Closing of this
transaction , County shall have the option to either terminate this Agreement , and the
obligations of all parties hereunder shall cease , or to proceed , subject to all other terms ,
covenants , conditions , representations and warranties of this Agreement , to the Closing of
the transaction contemplated hereby and receive title to the Property ; receiving , however ,
any and all damages , awards or other compensation arising from or attributable to such
acquisition or condemnation proceedings . County shall have the right to participate in any
such proceedings .
8 . 3 Entire Agreement . This Agreement constitutes the entire agreement between the
parties with respect to this transaction and supersedes all prior agreements , written or
oral , between the Seller and the County relating to the subject matter hereof. Any
modification or amendment to this Agreement shall be effective only if in writing and
executed by each of the parties .
4
ORIGINAL
8 . 4 Assignment and Binding Effect . Neither County nor Seller may assign its rights and
obligations under this Agreement without the prior written consent of the other party . The
terms hereof shall be binding upon and shall inure to the benefit of the parties hereto and
their successors and assigns .
8 . 5 Notices . Any notice shall be deemed duly served if personally served or if mailed by
certified mail , return receipt requested , or if sent via " overnight" courier service or facsimile
transmission , as follows :
If to Seller : Thomas W . & Barbara J . Lewis
6420 53 `d Street
Vero Beach , FL 32967
If to County . Indian River County
1801 27th Street
Vero Beach , FL . 32960
Attn : Land Acquisition/Louise Gates
Either party may change the information above by giving written notice of such change as
provided in this paragraph .
8 . 6 Survival and Benefit . Except as otherwise expressly provided herein , each
agreement , representation or warranty made in this Agreement by or on behalf of either
party , or in any instruments delivered pursuant hereto or in connection herewith , shall
survive the Closing Date and the consummation of the transaction provided for herein .
The covenants , agreements and undertakings of each of the parties hereto are made
solely for the benefit of, and may be relied on only by the other party hereto , its successors
and assigns , and are not made for the benefit of, nor may they be relied upon , by any other
person whatsoever .
8 . 7 AttorneyIs Fees and Costs . In any claim or controversy arising out of or relating to
this Agreement , each party shall bear its own attorney' s fees , costs , and expenses .
8 . 8 . Counterparts , This Agreement may be executed in two or more counterparts , each
one of which shall constitute an original .
8 . 9 . County Approval Required : This Agreement is subject to approval by the Indian
River County as set forth in paragraph 2 .
8 . 10 Beneficial Interest Disclosure : In the event Seller is a partnership , limited
partnership , corporation , trust , or any form of representative capacity whatsoever for
others , Seller shall provide a fully completed , executed , and sworn beneficial interest
disclosure statement in the form attached to this Agreement as an exhibit that complies
with all of the provisions of Florida Statutes Section 286 . 23 prior to approval of this
Agreement by the County . However , pursuant to Florida Statutes Section 286 . 23 ( 3 ) ( a) ,
5
ORIGINAL
the beneficial interest in any entity registered with the Federal Securities and Exchange
Commission , or registered pursuant to Chapter 517 , Florida Statutes , whose interest is for
sale to the general public , is exempt from disclosure ; and where the Seller is a non - public
entity , that Seller is not required to disclose persons or entities holding less than five ( 5 % )
percent of the beneficial interest in Seller .
8 . 11 Relocation of Personal Property : Sellers shall be responsible for contracting to have
personal property with - in proposed right-of-way relocated before the road project goes out
for bid ( Exhibit " B") . Any personal property remaining within the proposed right-of-way at
commencement of project bid , shall be deemed County property .
8 . 12 The County agrees to pay a reasonable attorney' s fee to review the sale documents
and provide legal advice as to Seller' s best interest in this endeavor .
8 . 12 " Seller acknowledges receipt of the " Notice to Owner" and understand his/her
rights granted under Florida Law Chapters 73 and 74 . "
Initials
IN WITNESS WHEREOF , the undersigned have executed this Agreement as of the
date first set forth above .
INDIAN RIVER COUNTY , FLORIDA
BOARD OF COUNTY COMMISSIONERS
Wesley S . Davis , Chairman Thomas W . Lewis Date
Approved by BCC August 18 , 2009
ATTEST :
Jeffrey K . Barton , Clerk of Circuit Court Barbar J . Lewis Date
/1� {
Deputy Clerk
Approved :
NEW
S6I'eph A . Baird , County Administrator
t
Approved as to Form and Legal Sufficiency :
County Attorney
6
j SKETCH TO ACCOMPANY DESCRIPTION .
i THIS IS NOT A SURVEY ! � �
E)CHIB
LOCATION MAP : NOT TO SCALE
619
l� ° > ' 17 OWNERS :
I �
1 ; 59th Q list * THOMAS W . AND
° N ? a Relief Canal
FI
�o � a� � _ _ — - - - - BARBARA J . LEWIS
53rd t . 03
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- - � St . 20
24 19 11f.""olp
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LEGAL DESCRIPTION : PARCEL 168
A PARCEL OF LAND BEING THE NORTH 50 . 00 FEET OF THE SOUTH 80 . 00 FEET OF THAT PARCEL OF
LAND DESCRIBED IN OFFICIAL RECORDS BOOK 19103 PAGE 1190 OF THE PUBLIC RECORDS OF INDIAN
RIVER COUNTY , FLORIDA, LYING WITHIN TRACT 13 , INDIAN RIVER FARMS COMPANY PLAT OF LANDS ,
ACCORDING TO THE PLAT THEREOF , AS RECORDED IN PLAT BOOK 2 , PAGE 25 , PUBLIC RECORDS , SAINT
LUCIE COUNTY , FLORIDA, ALL SAID LANDS LYING WITHIN SECTION 17 , TOWNSHIP 32 SOUTH , RANGE
39 EAST , INDIAN RIVER COUNTY , FLORIDA.
CONTAINING 0 . 376 ACRES , MORE OR LESS .
I
CERTIFICATION :
I HEREBY CERTIFY THAT THE DESCRIPTION AND ATTACHED SKETCH OF DESCRIPTION WERE PREPARED IN ACCORDANCE
- 6, FLORIDA ADMINISTRATIVE CODE, AS SET FORTH BY THE FLORIDA
WITH THE SURVEYING STANDARDS , CHAPTER 61G17
BOARD OF PROFESSIONAL SURVEYORS & MAPPERS , PURSUANT TO SECTION EARS T
FLORIDA STATUTES AND IS TRUE
AND CORRECT TO THE BEST OF MY KNOWLEDGE AND BELIEF. UNLESS IT BEARS THE SIGNATURE AND
THE ORIGINAL
RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER, THIS LEGAL DESCRIPTION AND SKETCH IS FOR
INFORMATION URPOSES ONLY AND IS NOT VALID .
NOTE: THIS IS NOT A SKETCH OF SURVEY, BUT ONLY A
,/ GRAPHIC DEPICTION OF THE DESCRIPTION SHOWN HEREON .
' f L� THERE HAS BEEN NO FIELD WORK , VIEWING OF THE
SUBJECT PROPERTY , OR MONUMENTS SET IN CONNECTION
PER Y C RITE WITH THE PREPARATION OF THE INFORMATION SHOWN
PROF. IONAL LAND SURVEYOR AND MAPPER HEREON . NOTE: LANDS SHOWN HEREON WERE NOT
LICENSE N0 . 4213 , STATE OF FLORIDA ABSTRACTED FOR RESTRICTIONS , RIGHTS - OF-WAY AND
DATE: 11 / 24/08 REV. ACREAGE 3 - 16 - 09 EASE11 M 11 ENIII TS OF RECORD .
PROJ11 ECT MANAGER
DEPARTMENT MANAGER7t:
CHECKED BY
pCW PCW
ARCADIS SHEET TITLEB WN BY
! ADDITIONAL R/W DRAWING ;NUMBER
ARCADIS U . S . , INC . m WPOO1053 1053DI68
2081 Vista Parkway Tel: (561 ) 697-7000 Fax: (561 ) 6971.7751 I
� West Paim Beach, Florida 33411
www.arcadis us.c0m SHEET 1 OF 2
SKETCH TO ACCOMPANY DESCRIPTION .
TMS IS NOT A SURVEY !
LEGEND :
I3 - BASELINE
IRFC - INDIAN RIVER FARMS COMPANY b
L - LEFT «'
O . R . B . - OFFICIAL RECORDS BOOK
P . B . - PLAT BOOK
PG . - PAGE w
R - RIGHT < {
R/W - RIGHT- OF-WAY " {
STA. - STATION
S . L. C . R . - ST. LUCIE COUNTY RECORDS
SECTION 17 - 32 - 39 TRACT 13 TRACT 14
i
�- P . B . 2 , PG , 25 , P . B . 2 , PG . 25 ,
S . L. C . R . , S . L. C . R .
OWNERS : THOMAS W . AND BARBARA J . LEWIS
ADDRESS : 6420 53RD STREET
VERO BEACH , FL. , 32967
PID - 32391700001013000003 . 0
N O . R . B . 1910 , PG . 1190
+
u,
STA: 819 + 42 . 04
STA: 816 + 1365 00 1 OFFSET : 50 . 00 L
OFFSET: 48 . 96 LCn 50' ADDI110NAL R/1N
10 ' 40 "E I 00 S00' 10 ' 40 "W
NO 50 .00 ' 1 i N89' 45 ' 30 "E 327 . 40 ' 50. 00 _
167 I 168 �$ OF SURVEY 169
O
I �
— 816 + 00 817 + 00 818 + 00 819 + 00 }
III 815 + 00 o S89' 45 ' 30 "W 327 . 40 ' s2o + oo —�
53rd STREET a =
SOUTH LINE OF TRACT 5 STA : 819 + 41 . 67
STA: 816 + 14 . 29 SOUTH LINE OF SECTION 30 - 32 - 39 OFFSET: 0 . 00 R
OFFSET : 1 . 03 R N89' 48 ' 46 " E
( BEARING BASE)
60 ' SUB - LATERAL "A- 9 " CANAL -I
INDIAN RIVER FARMS CO . PLAT OF LANDS
P . B . 2 , PG . 25 , S . L. C . R .
1111111 WINE liiiiiiiiiii PROJECT MANAGER DEPARTMENT MANAGER SCALE: I CHECKED BY
_ PCW PCW 1 " = 80' PCW
OAS' DRAWN BY
ARCADIS a SHEET TfTLE
0 11 /24/08 BEJ
n ADDITIONAL R/W PROJECT NUMBER DRAWING NUMBER
68
ARCAD , S UOS , INC ' Tel (561 ) 697-7000 Fax: (561 ) 697-7751 m WPoo1053 1053SDI
1 2081 Vista Parkway
0 West Palm Beach , Florida 33411 www.arcadis-us.com I SHEEP 2 OF 2
ELITE Dl1LPHIh POOL r rL iii
7 1 F .
EXHIBITB
7 7!
TREASURE cjoAST CONSTRUCTION
NLA;.AGEMENT , L . C .
General Contractor/Pro ect Management
Estimate
Name 1 Address
Date Estimate #
M, & Mrs Thomas Lewis
6420 53rd Street 1 /2L !? U09 189
Vero BeaclL FL 32967
Project
Description Qty Cost Total
PToposed Contract Amount 1 16; 3Q0. 00 1ti, 300 .UU
Construction of s GBS columns behind set, back to allow for road widening to include. _
New colurnns
Stucco
Caps
parotin g
- FieC.lric relocation
irrgation relocation
Grading and sod as needed
Note : Price is based on re- using meta] fencing.
Signature of acceptance
Datc :
Total � t6 .3oC� . nu
P , O . Box 2851 Vero Beach, FL 32961 • Phone (772) 5697165 • Fax (772) 569 -8901 • License No. CBC053386
EXHIBIT C
" THE MOST TRUSTED NAME IN WATER " Phone : ( 863 ) 763 - 2636
SUPERIOR WATER WORKS , INC .
A Division of
` GROUND WATER ASSOCIATES
917 W . S . PARR STREET � Ya
OKEECHOBEE , FL 34972
AUTHORIZED DEALERS THROUGHOUT THE UNITED STATES
NAME INDIAN RIVER COUNTY PHONE # 772 - 567 - 8000 1263 DATE _05 / 13 / 09_
JOB
ADDRESS 6420 53 TH STREET CITY VERO BEACH STATE F
DR LEWIS
7 5 / 8 " X 4 "
MOBILIZATION AND REPORTS
450 ' 8 " BOREHOLE
96 BAGS CEMENT GROUT
400 + or - 4 WELL CASING
450 + or - 3 3 / 8 " BOREHOLE
TOTAL $ 9 , 950 . 00
This Well will be constructed to standards and criteria set By
the State of Florida and the local Water Management district .
The standards construction of SWW , INC will apply to this work .
TERMS PAYMENT UPON COMPLETION
THIS TITLE TO THE EQUIPMENT COVERED IN THIS ORDER SHALL REMAIN WITH THE SELLER UNTIL EQUIPMENT IS PAID IN FULL. IT IS FURTHER
AGREED BY THE PURCHASER THAT THE SELLER CANNOT BE RESPONSIBLE FOR CONDITIONS RESULTING FROM EXISTING FACILITIES, CHANGE
MINERAL CONTENT OR COLOR OF WATER SUPPLY,OUTSIDE DRAINAGE,PUMP,SAND,WEATHER OR OTHER CONDITIONS BEYOND THE SELLER'S
CONTROL . PURCHASER SHALL BE RESPONSIBLE FOR WEATHER PROTECTION .
WELLS DRILLED BY SUPERIOR WATER WORKS INC :QUANTITY OR QUALITY IS NOT GUARANTEED. ALL OTHER WARRANTIES AND/OR GUARANTEI
OF PRODUCTS ARE PER MANUFACTURERS GUARANTEE OR WARRANTY
WATER CONSULTANT PURCHASER DATE
IRCLEWIS
POP
204E000
? HIS DOCUMENT HAS .3 = EN
RFCCRDED IN THE Pl 3 - IC RE - IDF DS
OF INDIAN RIVER COL IJ FY FL
BK. 2398 PC3 : 1674 , Pail<; of 3
This instrunieut iras prepared incident to 0209, 2010 at 1121 AM , DOC T ;K FI )
the issuance of a title insurance contract, $070
and is to be returIled to :
jEFI' RFY K BARTON' , ca_ :: RK O : 'JRT
Jason A . Beal
Atlantic Coastal Title Corporation
3850 20 "' Street , Suite 6
Vero Beach , Florida 32960
ACTC File Number : 30077974
Parcel ID Number : 32 -3947 - 00001 - 0130 - 00003 . 0
GENERAL WARRANTY DEED
This deed , made as of this 4th day of February , 2010 , by Thomas W . Lewis and Barbara J.
Lewis , his wife ( as Grantor ) ; and Indian River County , apolitical subdivision of the State of
Florida , whose postoflice address is : 1801 27th St , Vero Beach , FL 32960 (as Grantee ) ;
( L4,hereve16 tiled here°Ai, the terms "grun (or " and "gramme " shall inchide .vingular and pttu'ut, hairs, legal represen /rtlites , and
u.vsigns a/ indiridna ]s, an ( / die .vurc('sM)rt and a.r � ign.c o%corporations, partnerships ur other entities- mhererer die contest so
admils or requires. )
WITNESSETH :
That the grantor, for and in consideration of the sum of S I o . 0o in hand paid by grantee , the receipt whereof is
hereby
acknowledged , dues hereby grant , bargain , sell alien , remise , release , convey and confirm unto the grantee forever,
all
the right, title , interest , claim and demand which the said grantor has in and to the following described parcel of
land ,
to wit :
The North 50 . 0 feet of the South 80 feet of the Last 10 acres of Tract 13 , Section
17 , Township 32 South , Range 39 East, according to the last general Plat of
lands of the INDIAN RIVER FARMS COMPANY , as recorded in Plat Book 2 ,
at Page 25 , of the Public Records of St. Lucie County, Florida ; said land now
lying and being in Indian River County , Florida .
TOGETHER with all the tenements , hereditaments and appurtenances thereto belonging or in anywise appertaining .
TO HAVE AND TO HOLD the same in fee simple forever.
AND grantor hereby covenants with grantee that grantor is lawfully seized of said land in fee simple ; that grantor has
good right and lawful authority to sell and Convey said land ; that grantor hereby fully warrants the title to said
land and
will defend the same against the lawful claims of all persons whomsoever; and that said land is free of all encumbrances ,
except taxes for the year in which this deed is given ; and restrictions , reservations , limitations , covenants , conditions
and easements of record , if any ; insofar as same are valid and enforceable (however, this clause shall not be construed
to reimpose same ) .
ATLANTIC COASTAL TITLE CORPORATION
A Full Service , Florida Title 111SUrance Agency
IN WITNESS WkILREOF , the said ( raptor has signed and sealed these presents the day and year fust above written .
.Signed, sealed and delitlered in dhc° presence ol :
i
son A . Beal � - Thomas W . Lewis
6420 53rd St
ero Beach , FL 32967
s �� . � Barbara J . Lewis
(/ 6420 53rd St
Vero Beach , FL 32967
State of Florida
County of Indian River
The foregoing instrument was acknowledged before me the date hereinafter given, by Thomas W .
Lewis and Barbara J . Lewis ; who was/were either personally known to me ; or produced
Identification of sufficient character so as to identify said individual ( s ) with reasonable certainty ;
and who did/did not take an oath .
Witness my hand and official seal in the County and State last aforesaid , this 4th day of February,
2010 .
' Notary Public
i vpe9t ideutiliration Prov ivied ( Check 0ae ) :
river ' s License
Passport
Eau
ON A. BMGovernment (State or Federal ) ID Card SIONAlDD823327Resident Alien
ID Card Oetober11 , 2012ta Public U
l Other Notary Underwriters
ATLANTIC COASTAL TITLE CORPORATION
A Full Service , Florida Title Insurance Agency
` ACC ' WMPANIY DF CRIP1ION .
1
NOT A SJRVEY !
F: I ARhdS COMPANY o
03
- OiF � � "!f ' RtCJRDS BOOK � N{ n
cOUNIY RECORDS
TRACT 13 TRACT 14
P . B . 2 , PG . 25 , P . B . 2 , PG , 25 ,
S . L . C . R , S . L . C . R ,
I
OWNERS : THOMAS W . AND BARBARA J . LEWIS
ADDRESS : 6420 53RD STREET
VERO BEACH , FL . , 32967
PID - 32391700001013000003 . 0
O . R . B . 1910 , PG , 1 190
i N
STA : 819 + 42 . 04
OFFSE=i : 50 . 00 L
50 ' ADDMOKAL R /wI-- /
cc S00' 1040 "W
I,: :� (.1 1 , 1/ 4� � , , : _ 50 . 00
wc
� ; N89 ' 4530E 327 . 40 '
~7� Q OF SURVEY 169
168
816 + 00 ' 817 + 00 818 + 00 819 + 00 -- - � — --
- -- ` L _ _. m '\ 820 + 00
a S89 45 30 W 327 . 40
SOUTH LINE OF TRACT \STA : 8194441 . 67
SOUTH LINE OF SECTION 30 - 32 - 39 OFFSET : 0 . 00 R
ASF f n R N89448 ' 46 "E
( BEARING BASE )
60 ' SUB - LATERAL "A - 9 " CANAL -J
INDIAN RIVER FARMS CO . PLAT OF LANDS
P . B . 21 PG . 25 , S . L. C . R .
I , BC, CHECKED BY
- -- PROJECT MANAGER I DEPARIIIENT VMAGER SCALE
PCW PCW t PCW - - --
SHEET 11T1E -- - - OA1 /24/Og _- DRAWN BY
PROJECT NUUBER I DRA'NING NUUBER
CSADI
ADLITIONAL R/W
1053SD168
�; F7 ` da E, . S . , levC . wPoolo53
e' (661 ) 607 - LOCO Fax ( 5G1 ) 607 -77i
i i , a: ,I . vxrer.arcadlsus .co�i � � SHEET 2 OF 2
Rol?H - of- \Way - 53rd Stand 6611, Avenue 2067421
iax ID #32 - 39- 17 - 00001 -0130-00003 .0 THIS DOCUMENT HAS BEEN
Instnztnentprepared by c& should be returned to: RECORDED IN THE PUBLIC RECORDS
Indian River County Attorney's Office OF INDIAN RIVER COUNTY FL
BK 2421 PGA010 , Pagel of 3
05/21 /2010 at 03 : 28 PM .
JEFFRE" K BARTON , CLERK OF COURT
PARTIAL RELEASE OF MORTGAGE
JPMORGAN CHASE BANK , N . A, 780 Kansas Lane , Ste . , A- 1 , Monroe ,
LA 71203 , ( " Mortgagee " ) , owner and holder of a certain Mortgage executed by
THOMAS W . LEWIS and BARBARA J . LEWIS , recorded in O . R . Book 1910 ,
Page 1192 , of the public records of Indian River County , Florida ( " Mortgage " ) for
and in consideration of Ten Dollars , the receipt and sufficiency of which is
acknowledged , hereby releases and discharges from the lien of that Mortgage
+ ho fnlln �lirirl4^ describer) nronerty '
SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF
This partial release shall in no way impair , alter , or diminish the effect of
the lien or encumbrance of the Mortgage on the remaining portion of the
mortgaged premises , or any rights of the holders of the Mortgage .
JPMORGAN CHASE BANK , NA as
successor in interest from the Federal
Deposit of Insurance Corporation , as
receiver for Wash n on Mutual Bank
formerly hing o Mutua Bank NA
sign L By
Witness Lisa Fe rington
print name : Melinda Long Vice Pr sident
Ao 000 `X\vv%%
sign *` �� MEF4 �f,,f
Witness • pa
' A
Nicole �' �'®''.
print name :
Nicole Scurfield �� '
69415
STATE OF LOUISIANA C6A`•. .&a�
COUNTY OF OUACHITA
The foregoing instrument was acknowledged before me this 29tb day of
on as Vice President of JPMORGAN
April 2010 , by Lisa Ferringt
CHASE BANK , N . A , and s/ he is personally known to moor produced
as identification .
NOTARY PUBLIC ( sign )_ lit/ _
stamped seal with printed name Miss M . Emory — 69415
and Commission expiration date APPROVED AS TO FO M Lifetime Commission
AND L ALS FF Y
BY
WILLIAM K. DEBRAAL
res = U ''Y rot) NITY ATTORNEY
SKETCH TO ACCOMPANY DESCRIPTION .
THIS IS NOT A SURVEY !
LEGEND .
- BASELINE
IRFC - INDIAN RIVER FARMS COMPANY o
L - LEFT °O
O . R . B . - OFFICIAL RECORDS BOOK
P . B . - PLAT BOOK
PG . - PAGE
R - RIGHT < E X
f f
R/W - RIGHT- OF-WAYvA
STA. - STATION - --
S . L. C . R . - ST. LUCIE COUNTY RECORDS 4_
SECTION 17 - 32 - 39 TRACT 13 TRACT 14
P . B . 2 , PG . 25 , P . B . 2 , PG . 25 ,
S . L . C . R . I S . L. C . R .
OWNERS : THOMAS W . AND BARBARA J . LEWIS
ADDRESS : 6420 53RD STREET
VERO BEACH , FL. , 32967
PID - 32391700001013000003 . 0
O . R . B . 1910 , PG . 1190
N
+
(O
IPIIIII . 04
STA: 816 + 13 . 58 I 00STA: 819 + 42OFFSET: 50 . 000
L
OFFSET: 48 . 96 L o /
50' ADDITIONAL RAW
N00' 10 ' 40 "E I 00 Q SOO* 1 O ' 40"W
o
50 . 00
50 .00 ' i N89' 45 ' 30 "E 327 . 40 '
_ - 167 I 168 OF SURVEY a 169
a I0 O 818 + 00 819 + 00
�_..
s16 + 00 a17 + o
815 + 00 o S89' 45' 30 "W 327 . 40 ' 120 + 00
6 IN
53rd STREET oL
SOUTH LINE OF TRACT 5
�4
STA: 816 + 14 . 29 STA: 819 + 41 . 67+
SOUTH LINE OF SECTION 30 - 32 - 39 ( OFFSET : 0 . 00 R
OFFSET: 1 . 03 R N89648146 "E
( BEARING BASE)
60 ' SUB - LATERAL "A - 9 " CANAL - J
INDIAN RIVER FARMS CO . PLAT OF LANDS
P . B . 2 , PG . 25 , S . L. 0 - R .
PROJECT MANAGER DEPARTMENT MANAGER SCALE: CHECKED BY
PCW PCW 1 " = 80' PCW
_
ARCADIS SHEET TITLE
DATE: DRAWN BY
11 /24/08 BEJ _
ADDITIONAL R/W PROJECT NUMBER DRAWING NUMBERmm
ARCADIS U . S . , INC . WP001053 11053SDI68
2081 Vista Parkway TeL (561 ) 697-7000 Fax: (561 ) 697-7751
0 West Palm Beach. Florida 33411 www-arcadis us.com SHEET 2 OF 2
SKETCH TO ACCOMPANY DESCRIPTION .
THIS IS NOT A SURVEY !
LOCATION MAP : NOT TO SCALE
jp
I 61st ; St .
o ._ _. ..
0 > 1 OWNERS:
, 13 0 , 59th Q St . THOMAS W . AND
�, N18 Relief Canal BARBARA J . LEWIS
53rd St . D Site°' ; 49th `0 , ; St . 20
11
act
24 � 19 tO :
LEGAL DESCRIPTION : PARCEL 168
A PARCEL OF LAND BEING THE NORTH 50 . 00 FEET OF THE SOUTH 80 . 00 FEET OF THAT PARCEL OF
LAND DESCRIBED IN OFFICIAL RECORDS BOOK 1910 , PAGE 1190 OF THE PUBLIC RECORDS OF INDIAN
RIVER COUNTY, FLORIDA , LYING WITHIN TRACT 133 INDIAN RIVER FARMS COMPANY PLAT OF LANDS ,
ACCORDING TO THE PLAT THEREOF , AS RECORDED IN PLAT BOOK 2 , PAGE 25 , PUBLIC RECORDS , SAINT
LUCIE COUNTY , FLORIDA , ALL SAID LANDS LYING WITHIN SECTION 17 , TOWNSHIP 32 SOUTH , RANGE
39 EAST , INDIAN RIVER COUNTY , FLORIDA.
CONTAINING 0 . 376 ACRES , MORE OR LESS .
[ EXH I B I T � iAfl
CERTIFICATION :
I HEREBY CERTIFY THAT THE DESCRIPTION AND ATTACHED SKETCH OF DESCRIPTION WERE PREPARED IN ACCORDANCE
WITH THE SURVEYING STANDARDS , CHAPTER 61G17 - 61 FLORIDA ADMINISTRATIVE CODE , AS SET FORTH BY THE
FLORIDA
BOARD OF PROFESSIONAL SURVEYORS & MAPPERS , PURSUANT TO SECTION 472. 0279
FLORIDA STATUTES AND IS TRUE
AND CORRECT TO THE BEST OF MY KNOWLEDGE AND BELIEF. UNLESS IT BEARS THE SIGNATURE AND
THE ORIGINAL
RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER , THIS LEGAL DESCRIPTION AND SKETCH IS FOR
INFORMATIONA URPOSES ONLY AND IS NOT VALID .
NOTE: THISISNOT A SKETCH OF SURVEY , BUT ONLY A
GRAPHIC DEPICTION OF THE DESCRIPTION SHOWN HEREON ,
THERE HAS BEEN NO FIELD WORK , VIEWING OF THE
SUBJECT PROPERTY, OR MONUMENTS SET IN CONNECTION
PER Y C NHITE WITH THE PREPARATION OF THE INFORMATION SHOWN
PROFE IONAL LAND SURVEYOR AND MAPPER HEREON . NOTE: LANDS SHOWN HEREON WERE NOT
LICENSE NO . 4213 , STATE OF FLORIDA ABSTRACTED FOR RESTRICTIONS , RIGHTS - OF-WAY AND
DATE: 11 /24/08 REV. ACREAGE 3 - 16 - 09 EASEMENTS OF RECORD .
PROJECT MANAGER DEPARTMENT MANAGER SCALE: CHECKED BY
PCW PCW 1 � = 80 _ PCW
DRAWN BYARCADIS
SHEET TITLE
11P � DATE:1 /24/08 - { 8EJ
ADDITIONAL R/W PROJECT NUMBER DRAWING NUMBER
PARCADIS U . S . , INC . WPOO1053 10530168
2081 Vista Parkway Tel: (561 ) 697-7000 Fax: (561 ) 691.7751
SHEET OF 2
West Palm Beach, Florida 33411 www.arcadis-us.com 1 AN