Loading...
HomeMy WebLinkAbout2003-191 0311 This document prepared by : C. Erica White Florida Communities Trust Department of Community Affairs 2555 Shumard Oak Blvd . IN THE RECORDS OF JEFFREY K. BARYON Tallahassee, FL 32399 CLERK CIRCUIT COURT INDIAN RIVER CO. , FLA. f� / W� Urn COUNTY ATTORNEY ' S OFFICE � - 1840 25th STREET,_ VERO BEACH. FLORIDA -. 32961Y FLORIDA COMMUNITIES TRUST FF1 AWARD #01454-17FI et, FCT Contract# �f—p- \ ` GRANT AWARD AGREEM NT THIS AGREEMENT is entered into thisR day of 2003 , by and between the v FLORIDA COMMUNITIES TRUST (FCT), a nonregulatory gency w>Ithin the State of Florida � Department of Community Affairs, INDIAN RIVER COUNTY, the TOWN OF INDIAN RIVER r SHORES, and the CITY OF VERO BEACH, local governments of the State of Florida ("Recipient"), in order to impose terms, conditions, and restrictions on the use of the proceeds of Cn certain bonds, hereinafter described, and the lands acquired with such proceeds and as described in cn Exhibit "A" attached hereto and made a part hereof ("Project Site"), as shall be necessary to ensure ry compliance with applicable Florida Law and federal income tax law and to otherwise implement provisions of Sections 259 . 105 , 259 . 105 1 , and Chapter 380, Florida Statutes . WHEREAS , Part III Chapter 380, Florida Statutes, the Florida Communities Trust Act, creates a nonregulatory agency within the Department of Community Affairs, which will assist local governments in bringing into compliance and implementing the conservation, recreation and open space, and coastal elements of their comprehensive plans or in conserving natural resources and resolving land use conflicts by providing financial assistance to local governments and nonprofit environmental organizations to carry out projects and activities authorized by the Florida Communities Trust Act; C3 WHEREAS , Section 259 . 105 (3 )(c), F . S . , of the Florida Forever Act provides for the p� distribution of twenty- two percent (22%) less certain reductions of the net Florida Forever Revenue c� Bond proceeds to the Department to provide land acquisition grants to local governments and nonprofit environmental organizations through the FCT for acquisition of community-based projects, urban open spaces, natural resource conservation areas, parks, greenways and outdoor recreation 00 areas to implement local comprehensive plans•, w GAA\01454-FF 1 6/ 18/03 J el i i 0 1 WHEREAS , the Bonds were issued as tax-exempt bonds, meaning that the interest on the Bonds is excluded from the gross income of Bondholders for federal income tax purposes; WHEREAS , Rule Chapter 9K4, Florida Administrative Code (F. A. C . ), authorizes FCT to impose conditions for funding on those FCT applicants whose projects have been selected for funding in accordance with Rule Chapter 91(4, F. A. C . ; WHEREAS , the FCT has approved the terms under which the Project Site is acquired and the deed whereby the Recipient acquires title to the Project Site shall contain such covenants and restrictions as are sufficient to ensure that the use of the Project Site at all times complies with Section 375 . 051 , Florida Statutes and Section 9, Article XII of the State Constitution and shall contain clauses providing for the conveyance of title to the Project Site to the Board of Trustees of the Internal Improvement Trust Fund upon the failure of the Recipient to use the Project Site acquired thereby for such purposes; and WHEREAS, such covenants and restrictions shall be imposed by an agreement which shall describe with particularity the real property which is subject to the agreement and shall be recorded in the county in which the real property is located; and WHEREAS, the purpose of this Agreement is to set forth the covenants and restrictions that are imposed on the Project Site subsequent to its acquisition using funds from the Florida Forever Trust Fund award . NOW THEREFORE, in consideration of the mutual covenants and undertakings set forth herein, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, FCT and Recipient do hereby contract and agree as follows : I. GENERAL CONDITIONS. 1 . Upon execution and delivery by the parties hereto, the Recipient shall cause this Agreement to be recorded and filed in the official public records of Indian River County, Florida, and CD in such manner and in such other places as FCT may reasonably request, and shall pay all fees and charges incurred in connection therewith . -- M W 2 . The Recipient and FCT agree that the State of Florida Department of Environmental Protection will forward this Agreement to Department of Environmental Protection Bond Counsel for n review. In the event Bond Counsel opines that an amendment is required to this Agreement so that the tax exempt status ofthe Florida Forever Bonds is not jeopardized, FCT and Recipient shall amend co the Agreement accordingly. W GAA\014 54-FF 1 6/18/03 2 3 . This Agreement may be amended at any time. Any amendment must be set forth in a written instrument and agreed to by both the Recipient and FCT . 4 . This Agreement and the covenants and restrictions contained herein shall run with the Property herein described and shall bind, and the benefits shall inure to, respectively, the FCT and the Recipient and their respective successors and assigns. 5 . This Agreement shall be governed by and construed in accordance with the laws of the State of Florida, with respect to both substantive rights and with respect to procedures and remedies. 6. Any notice required to be given hereunder shall be given by personal delivery, by registered mail or by registered expedited service at the addresses specified below or at such other addresses as may be specified in writing by the parties hereto, and any such notice shall be deemed received on the date of delivery if by personal delivery or expedited delivery service, or upon actual receipt if sent by registered mail . FCT : Florida Communities Trust Department of Community Affairs 2555 Shumard Oak Blvd, Tallahassee, FL 32399-2100 ATTN : Executive Director Recipient : Indian River County City of Vero Beach Town of Indian River Shores 1840 25 'h Street 105320 1h Place 6001 North AIA Vero Beach, FL 32960-3365 Vero Beach, FL 32960 Vero Beach FL 32963 ATTN : County Administrator ATTN : City Manager ATTN : Town Manager 7 . If any provision of the Agreement shall be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired . II. PROJECT SITE REQUIREMENTS IMPOSED BY CHAPTER 2591, CHAPTER 375, c AND CHAPTER 3809 PART III, FLORIDA STATUTES. 1 . If any essential term or condition of thisgrant agreement is violated by the Recipient t� or by some third party with the knowledge of the Recipient and the Recipient does not correct the c violation within 30 days of notice of the violation, fee simple title to all interest in the Project Site shall be conveyed to the Board of Trustees of the Internal Improvement Trust Fund , The FCT shall --- treat such property in accordance with Section 380 . 508(4)(e), Florida Statutes . 00 W to 2 . Any transfer of the Project Site shall be subject to the approval of FCT and FCT shall GAA\014 54-FF l 6/ 18/03 3 enter into a new agreement with the transferee, containing such covenants, clauses, or other restrictions as are sufficient to protect the interest of the people of Florida. I 3 . The interest, if any, acquired by the Recipient in the Project Site will not serve as security for any debt of the Recipient unless FCT approves the transaction. 4 . If the existence of the Recipient terminates for any reason, title to all interest in real property it has acquired with the FCT award shall be conveyed to the Board of Trustees of the Internal Improvement Trust Fund, unless FCT negotiates an agreement with another local government or nonprofit organization which agrees to accept title to all interest in and to manage the Project Site. 5 . In the event that the Project Site is damaged or destroyed or title to the Project Site, or any part thereof, is taken by any governmental body through the exercise or the threat of the exercise of the power of eminent domain, the Recipient shall deposit with the FCT any insurance proceeds or any condemnation award, and shall promptly commence to rebuild, replace, repair or restore the Project Site in such manner as is consistent with the Agreement. The FCT shall make any such insurance proceeds or condemnation award moneys available to provide funds for such restoration work. In the event that the Recipient fails to commence or to complete the rebuilding, repair, replacement or restoration of the Project Site after notice from the FCT, the FCT shall have the right, in addition to any other remedies at law or in equity, to repair, restore, rebuild or replace the Project Site so as to prevent the occurrence of a default hereunder. Notwithstanding any of the foregoing, FCT will have the right to seek specific performance of any of the covenants and restrictions of this Agreement concerning the construction and operation of the Project Site. M. PROJECT SITE OBLIGATIONS IMPOSED BY FCT ON THE RECIPIENT. 1 . The Project Site shall be managed only for the conservation, protection and enhancement of natural and historical resources and for passive, natural resource-based public outdoor recreation which is compatible with the conservation, protection and enhancement of the Project Site, along with other related uses necessary for the accomplishment of this purpose. The proposed uses for the Project Site are specifically designated in the Project Plan as approved by FCT. 2 , The Recipient shall prepare and submit to FCT an annual stewardship report as required by Rule 9K-7 . 013 , F. A. C . CA) c.� 3 . The Recipient shall ensure that the future land use designation assigned to the Project Site is for a category dedicated to open space, conservation, or outdoor recreation uses as appropriate. If an amendment to the Recipient's comprehensive plan is required to comply with this - paragraph, the amendment shall be proposed at the next comprehensive plan amendment cycle C7 GAA\014 54-FF 1 6/ 18/03 4 available to the Recipient. 4 . Recipient shall ensure, and provide evidence thereof to FCT, that all activities under this Agreement comply with all applicable local, state, regional and federal laws and regulations, including zoning ordinances and the adopted and approved comprehensive plan for the jurisdiction as applicable. Evidence shall be provided to FCT that all required licenses and permits have been obtained prior to the commencement of any construction. 5 . The Recipient shall, through its agents and employees, prevent the unauthorized use of the Project Site or any use thereof not in conformity with the FCT approved project plan. 6 . FCT staff or its duly authorized representatives shall have the right at any time to inspect the Project Site and the operations of the Recipient at the Project Site. 7 . All buildings, structures, improvements, and signs shall require the prior written approval of FCT as to purpose. Further, tree removal, other than non-native species, and/or major land alterations shall require the written approval of FCT . The approvals required from FCT shall not be unreasonably with-held by FCT upon sufficient demonstration that the proposed structures, buildings, improvements, signs, vegetation removal or land alterations will not adversely impact the natural resources of the Project Site. The approval by FCT of the Recipient's management plan addressing the items mentioned herein shall be considered written approval from FCT. 8 . If archaeological and historic sites are located on the Project Site, the Recipient shall comply with Chapter 267, Florida Statutes. The collection of artifacts from the Project Site or the disturbance of archaeological and historic sites on the Project Site will be prohibited unless prior written authorization has been obtained from the Department of State, Division of Historical Resources. 9 , The Recipient shall ensure that the Project Site is identified as being publicly owned and operated as a passive, natural resource-based public outdoor recreational site in all signs, literature and advertising regarding the Project Site. The Recipient shall erect a sign(s) identifying the Project Site as being open to the public and as having been purchased with funds from FCT and Recipient. IV. OBLIGATIONS INCURRED BY RECIPIENT AS A RESULT OF BOND Co PROCEEDS BEING UTILIZED TO PURCHASE THE PROJECT SITE. U' 1 . If the Project Site is to remain subject, after its acquisition by the State and the c. Recipient, to any of the below listed activities or interests, the Recipient shall provide at least 60 days written notice of any such activity or interest to FCT prior to the activity taking place, and shall ' provide to FCT such information with respect thereto as FCT reasonably requests in order to evaluate 00the legal and tax con-sequences of such activity or interest : 49;- i GAA\01454-FF1 6/ 18/03 5 a. any lease of any interest in the Project Site to a non-governmental person or organization; b , the operation of any concession on the Project Site to a non-governmental person or organization; C, any sales contract or option to buy things attached to the Project Site to be severed from the Project Site, with a non-governmental person or organization; d. any use of the Project Site by non-governmental persons other than in such person's capacity as a member of the general public; e. a management contract of the Project Site with a non-governmental person or organization; and f. such other activity or interest as may be specified from time to time in writing by FCT to the Recipient. 2 . Recipient agrees and acknowledges that the following transaction, events, and circumstances may not be permitted on the Project Site as they may have negative legal and tax consequences under Florida law and federal income tax law : a. a sale of the Project Site or a lease of the Project Site to a non-governmental person or organization; b . the operation of a concession on the Project Site by a non-governmental person or organization; C , a sale of things attached to the Project Site to be severed from the Project Site to a non-governmental person or organization; d . any change in the character or use of the Project Site from that use expected at the date of the issuance of any series of bonds from which the disbursement is to be made; e, any use of the Project Site by non-governmental persons other than in such person's capacity as a member of the general public; f. a management contract ofthe Project Site with a non-governmental person or a% organization; and g1 such other activity or interest as may be specified from time to time in writing by FCT to the Recipient. GAA\014 54-FF 1 6/ 18/03 6 DELEGATIONS AND CONTRACTUAL ARRANGEMENTS BETWEEN THE Recipient AND OTHER GOVERNMENTAL BODIES , NOT FOR PROFIT ENTITIES, OR NON GOVERNMENTAL PERSONS FOR USE OR MANAGEMENT OF THE PROJECT SITE WILL IN NO WAY RELIEVE THE RECIPIENT OF THE RESPONSIBILITY TO ENSURE THAT THE CONDITIONS IMPOSED HEREIN ON THE PROJECT SITE AS A RESULT OF UTILIZING BOND PROCEEDS TO ACQUIRE THE PROJECT SITE ARE FULLY COMPLIED WITH BY THE CONTRACTING PARTY. V. CONDITIONS THAT ARE PARTICULAR TO THE PROJECT SITE AS A RESULT OF THE FCT APPROVED MANAGEMENT PLAN. 1 . Two or more resource-based outdoor recreational facilities, including picnic facilities and a hiking trail, shall be provided . The facilities shall be designed and located with minimal impact to natural resources on the Project Site. 2. A permanent recognition sign shall be maintained in the entrance area of the Project Site. The sign shall acknowledge that the Project Site is open to the public and was purchased with funds from the Florida Communities Trust Program, Indian River County, City of Indian River Shores, and City of Vero Beach. 3 . Interpretive signage shall be provided to educate visitors about the natural environment of the Project Site. 4 . A biological inventory of the natural communities found on the Project Site, including the dominant and listed plant and animal species, shall be conducted prior to any site development. The inventory shall be used to ensure the protection of biological resources and be updated periodically. 5 . The uplands shall be restored to native maritime hammock and wetland communities and appropriately managed to ensure the long-term viability of these vegetative communities. The existing seagrass beds, wetland, and mangrove communities shall be preserved and appropriately managed to ensure the long-term viability of these communities. 0 6 , The Project Site shall be managed in a manner that protects and enhances habitat for native wildlife species that utilize or could potentially utilize the Project Site. The development ofthe ON Management Plan shall be coordinated with the Florida Fish and Wildlife Conservation Commission' s Office of Environmental Services to ensure the preservation of native wildlife species and further the w purposes of the Strategic Habitat Conservation Area designation. Periodic surveys shall be conducted to ensure that site management is compatible with the listed species using the Project Site. co t GAA\014 54-FF 1 6/ 18/03 7 7 . The water quality and ecological function of impounded wetlands at the Project Site shall be enhanced through improvements in water circulation, tidal replication, control of nuisance vegetation, and elimination of pollution sources. Impoundment management shall be coordinated with the Indian River Mosquito Control District 8 . An ongoing water quality and biological monitoring program shall be developed in conjunction with the Department ofEnvironmental Protection and implemented on the Project Site to determine the results of adaptive management strategies used and to document changes in water quality and biological indicators over time. 9 . An ongoing monitoring and control program for invasive vegetation including exotic (non-native) and nuisance native plant species shall be implemented at the Project Site. The objective of the control program shall be the elimination of invasive exotic plant species and the maintenance of a diverse association of native vegetation . The Management Plan shall reference the Exotic Pest Plant Council's List of Florida's Most Invasive Species to assist in identifying invasive exotics on the Project Site. 10. Management of the Project Site shall be coordinated with the land managers of other conservation and preservation lands in the project area including the Florida Department of Environmental Protection to assist in the furtherance of the Indian River Malabar to Vero Beach Aquatic Preserve Plan and Indian River Lagoon National Estuary Program. 11 . Prior to the commencement of any proposed development activities, measures shall be taken to determine the presence of any archaeological sites. All planned activities involving known archaeological sites or potential site areas shall be closely coordinated with the Department of State, Division of Historic Resources in order to prevent the disturbance of significant sites. 12 . Renovations of existing structures, such as the boat dock and picnic area, shall have minimal impacts on the natural resources on the Project Site. Any proposed site improvements, including the fishing pier, shall have minimal impacts on the natural resources on the Project Site. 13 , The Management Plan shall include provisions to protect seagrass, manatees, and wading bird habitat adjacent to the Project Site. The Management Plan shall include specific provisions to ensure the protection of manatees and manatee habitat. 14. The Project Site shall be protected and managed as part of linked conservation lands and recreation opportunities within the designated Indian River Lagoon Blueway. ro r.� 15 . Proposed site improvements shall be designed and located to minimize or eliminate the CO long term risk of storm damage or flooding in conjunction with appropriate hazard mitigation agencies or experts. GAA\O1454-FF1 6/ 18/03 8 Witness : FLO CO S TRUST By: Print Name: Jani rowning, �J E tive Director Date: g 26 03 Print Name : itsb.Ga � . .. ,� „ Approved as to Form and Legality: By: %UALIP:iQrw e, Trust Counsel STATE OF FLORIDA Q� � V qV COUNTY OF LEON The foregoing instrument was acknowledged before me thiso1bday o 2003 , by Janice Browning as Executive Director of Florida Communities Trust. a is personally known to me. Nothy P#c Print Name: Commission No . My Commission Expires: �aaun ► unp,, o�M�sS101; . mac, er6, ?o 'O9 e 2 #DD153509 Q = ere 0J % • o . i '9 4% .•' pQ� 0 O� w to v CX) GSD GAA\01 - 154-FF1 6/ 18/03 12 Witness : CITY OF VERO BEACH bCJ�-J By: Print Name: Printgame: Sa n d Ra L. bio Loden Title: (Y1o, Dater Prtnt Name : plr Approxxed as to Form and Legality: By: 7 ) k'- Print Name : (tip r las t it' UALNk STATE OF FLORIDA COUNTY OF INDIAN RIVER The foregoing instrument was a knowledged before me this gsday of 2003 , by_ry, L , ✓las c1.4. 62 of and who is personally known to me. N aPublic try i Name: /C Commission No . My Commission Expires : , { "y� JEANNEA, MCINTYRE ** :£ MY COMMISSION # DD 038711 EXpIR �• E,9; Octot+or 29, 2005 ' �„ �•, goaded Thn� Notary Put* Under"ere '0 CID GAM014 54-FF 1 6/ 18/03 11 Witness- TOWN OF 110.IAN RIVER SHORES ( 220/ By: Print Name : vWe, T ' sffAN/ Print Name:_ // Title:_ , Date: a 03 Print ame: Y r Approved as9 Fon and Legality: Print Name : C.CL r✓ m STATE OF FLORIDA COUNTY OF INDIAN RIVER The f�oing instrument was acknowledged before me this Q day of /Ql,� G u,t T , 2003 , bYlgo M45 Wo d g b b rnl as PA y& 2. of1AJ P 19A1 & yEi[ SA1694F4 and who is personally known to me. Notary Publ•c Print Name: R eA /4-izA /f • r4p 64 Commission No . _ ,d Q / . 5' 79 My Commission Expires :.(., -loo 7 "Ioff,,z Barbara A Readdy MYCAMMISSI ,, DD175579 EXPIRES March 1, 2007 • 11(idR+' 801' M TMTROY FAi NWRMICF M 0 W Ga 00 GAM014 54-FF 1 6/ 18/03 10 16 . The requirements imposed by other grant program funds that may be sought for activities associated with the Project Site shall not conflict with the terms and conditions of this Agreement. This Agreement including Exhibit "A" embodies the entire agreement between the parties. IN WITNESS WHEREOF, the parties hereto have duly executed this Agreement. Witness : INDIAN RIVER COUNTY N By, Print Name: PATRICIA IW. AI GELY ' t Name: Kenneth R . Macht Title : rhe -i rman Date : Auglast 5 ,. 2003 Print Name : Approved toFo sand Legality: Ar- Print Name: STATE OF FLORIDA COUNTY OF INDIAN RIVER The foregoing instrument was acknowledged before me this 5th day of _ August 20031by Kenneth R . Macht as Chairman of Milian Riyar rnintu and who is personally known to me. Notary Public Print Na e: Kimberly E . Massunq_ Commission No , DD216503 My Commission Expires :_ July 15 , 2007 0 Kimberly E Massung ?.: ,- MY COMMISSION # DD216503 EXPIRES %x. July 15, 2007 "%R, OF• BONDED THRU TROY FAIN INSURANCE, #11C. ON �Jr CIO vp; GAA\014 54-FF 1 6/18/03 9 EXHIBIT `A" TRACT N0. 15 Beginning at a point 320 feet West of the Southeast corner of Section 24, Township 32 South, Range 39 East, being Point A, run North 90 degrees 0 minutes East, 320 feet to Point K, Run North 0 degrees 0 minutes East, 673 feet to a Point J, run North 51 degrees 30 minutes West, 810 feet to Point L. Run South 36 degrees 0 minutes West, 260 feet to point W, Run South 26 degrees 07 minutes East, 1, 070 feet to Point A, the point of beginning. ANS Alas+ TRACT NO 16 Begin at a point 660 feet North of and 282 feet East of the Southwest corner of Section 19, Township 32 South, Range 40 East; thence North 45 degrees 00 minutes East, 100 feet; thence South 45 degrees 00 minutes East, 900 feet, thence South 45 degrees 00 minutes West, 100 feet; thence North 45 degrees 00 minutes West 900 feet, more or less to the point of beginning, lying and being in Section 19, Township 32 South, Range 40 East. ANO ALSO TRACT NO. 17 Begin at a point 316 feet West of the Northeast corner of Section 25, Township 32 South, Range 39 East, thence South 26 degrees 07 minutes East, 720 feet; thence South 1, 835 feet thence South 28 degrees 15 minutes East, 2, 547. 40 feet; thence North 57 degrees 00 minutes East, 1, 380. 00 feet; thence North 19 degrees 00 minutes East, 1, 200 feet; thence North 08 degrees 00 minutes East, 768 feet; thence North 49 degrees 00 minutes West, 1, 205 feet; thence North 41 degrees 00 minutes West, 1, 686 feet; thence North 51 degrees 30 minutes West, 1, 116 feet; thence South 673. 00 feet; thence West 316 feet, more or less, to the point of beginning, lying and being in Section 25, Township 32 South, Range 29 East, and Section 30, Township 32 South, Range 40 East, AND ALSO TRACT NO. 18 Begin of a point 1, 017 feet North of and 2, 381 feet West of the Southeast comer of Section 30, Township 32 South, Range 40 East; thence North 79 degrees 00 minutes West, 238 feet; thence North 11 degrees 00 minutes East, 1, 612 feet; thence North 725 feet; thence East 257. 5 feet; thence South 725 feet; thence South 11 degrees 00 minutes West, 1, 662. 4 feet, more or less, to the point of beginning, lying and being in Section 30, Township 32 South, Range 40 East. AND ALSO TRACT NO. 20 CrI W Begin of a -Point 350 feet North of and 2, 182 feet West of the Southeast comer of Section 30, Township 32 South, Range 40 East; thence North 250 feet; thence. West 110 feet; thence South 250 feet; thence East 110 feet, more or less to the point of beginning, lying and being in Section 30, Township 32. South, Range 40 East. 00 GAA\01 - 154-FF1 6/ 18/03 13 EXHIBIT "A" AND ALSO TRACT NO. 25 in Section 19 and 30 of Township 32 South, Range 40 East; Commence at the Southwest comer of Section 19; thence North along the West boundary of Section 19, 700 feet, thence East 683 feet to the point of beginning; thence from the point of beginning North 79 degrees East, 3, 130 feet; thence South 830 feet; thence South 69 degrees 45 minutes East, 410 feet; thence South 38 degrees, 30 minutes East 945 feet, thence South 45 degrees 00 minutes West, 118 feet, thence West 320 feet; thence South 220 feet, thence East 160 feet; thence South 30 degrees East 1, 247 feet; thence West 1, 915 feet, thence North 44 degrees, 51 minutes West 3, 515 feet, to the point of beginning first above described. LESS AND EXCEPT: Beginning 700. 00 feet North and 683. 00 feet East of the Southwest comer of Section 19, Township 32 South, Range 40 East; run South 44 degrees 51 minutes 00 seconds East a distance of 2, 755. 00 feet for the point of beginning; thence run South 44 degrees 51 minutes 00 seconds East a distance of 760. 00 feet; thence run East 1, 915 feet; thence run North 60 degrees, 00 minutes, 00 seconds West 745. 00 feet; thence - run West 500. 00 feet; thence South 81 degrees 41 minutes 58 seconds West a distance of 1, 318. 47 feet to the point of beginning. AND ALSO TRACT N0. 24 — McCuller's point In Section 19, of Township 32 South, Range 40 EOst; commence at the Southwest corner of Section 19, thence North along the West boundary of Section 19, 1, 120 feet; thence East 370 feet to the point of beginning; thence from said point of beginning East 2, 270 feet; thence North 37 degrees East 1, 290 feet; thence North 62 degrees 45 minutes West 1, 646 feet; thence North 70 degrees 30 minutes West 1, 038 feet; thence South 30 minutes West 1, 060 feet to the West boundary of Section 19; (hence South ol6ong degrees West boundary of Section 19, 19260 feet; thence East 370 feet; thence South 450 feet to the point of beginning first above described. Containing 122. 22 acres, more or less. (Last course calculated closure should be: bearing South 0 degrees 2 minutes West: Distance 507. 72 feet; to the point of beginning.) AND ALSO Co From the Southwest comer of Section 19, Township 32 South, range 40 East, Indian river County, Florida, run North on the West boundary of Section 19, a distance of 2830 feet to a point of beginning; from said point of beginning continue North on said section line a a% distance of 766. 91 feet to a point; thence run South 70 degrees 30 minutes East a distance W of 1031. 23 feet to a point; thence run South 66 degrees 30 minutes West a distance of 1060 feet to said point of beginning. tD GAM014544F1 t3 6/18/03 14