Loading...
HomeMy WebLinkAbout2008-426 AGREEMENT TO PURCHASE AND SELL REAL ESTATEb }" - THIS AGREEMENT TO PURCHASE AND SELL REAL ESTATE ("Agreement") by and between Indian River County , a political subdivision of the State of Florida ("County") and Neil J . Gaeta, Trustee ("Seller") , is made and effective as of the last date that the last signatory for either Seller or County executes this Agreement ("Effective Date") . Seller and County hereby agree as follows : 1 . Agreement to Purchase and Sell and Grant. 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 portion of the parcel of real property located at 3540 41 " Street, Vero Beach , County of Indian River , State of Florida as more specifically described on attached Exhibit "A" ("Sale Property") , containing approximately 23 ,527 square feet, zoned light industrial, located on the north side of 41 " Street, and all improvements thereon , together with all easements , rights and uses now or hereafter belonging thereto. In addition, concurrently upon the Closing (as defined hereafter) of the Sale Property, the Seller agrees to dedicate to the County that certain property more specifically described on attached Exhibit `B " ("Dedicated Property") , located on the northern boundary fronting 43rd Street without compensation for the purpose of a right-of-way . Both the Sale Property and Dedicated Property shall be collectively referred to hereinafter as the "Property" . The parties hereby acknowledge and agree that the obligation of Seller to grant the Dedicated Property to the County under the terms of this Agreement is expressly contingent upon, and subject to , County closing on the Sale Property on the Closing Date (as defined hereafter) and Seller receiving the Purchase Price (as defined hereafter). 2. Purchase Price, Effective Date. The purchase price ("Purchase Price") for the Property shall be One Hundred Eleven Thousand Eight Hundred and No/ 100 Dollars ($ 111 ,800) subject to adjustments , credits and prorations as provided herein, which is calculated as the sum of the following : (i) One Hundred Thousand and No/ 100 Dollars ($ 100 ,000) for the real property ; (ii) Six Thousand Eight Hundred and No/ 100 Dollars ($6, 800) for Seller' s legal fees; and (iii) Five Thousand and No/ 100 Dollars ($5 ,000) for the cost of the permits that expired and redesign of the pending plat application . The Purchase Price shall be payable in full , in cash by wire transfer of immediately available funds by the County to Seller on the Closing Date . Seller agrees to furnish wire transfer instructions seven (7 ) days prior to closing. 3 . Title , 3 . 1 Seller shall convey the Property by special warranty deed ("Deed"), subject to property taxes and assessments for the year of Closing and subsequent years not yet due and payable, easements, restrictions and other matters of record , prohibitions imposed by governmental authority, and any matter created by or through the County ("Permitted Exceptions"), provided nothing prevents County ' s intended use and development of the property 3 . 2 County , at County ' s sole cost and expense, within thirty (30) days of the Effective Date ("Title Period") may order an Ownership and Encumbrance Report ("Title Report") with a national title company of County' s choice with respect to the Property . In the event the County elects to order a Title Report, County shall have until the expiration of the Title Period to deliver written notice to Seller of any title defects . If such written notice is given within said period , Seller shall have until five ( 5) business days after receipt of such written notice of title defects to provide County of its intension to either cure or not to cure the title defects so specified . If Seller notifies County in writing of Seller' s intention not to cure any stated title defect, County shall have the option either to ( i) waive the uncured title defect in 1 C:\Dotvntentx atul Seuiugh'(xethslxitehnunLLueul Setthip eMirmy huentet ReAOMMSSS • Purchuxe and Sell Agreement - Vnr Buxowm Pmt: (VB Funn) Q 01 .21 .08).tkw writing and proceed with this transaction with no reduction in the Purchase Price, in which event such waived title defects shall be deemed Permitted Exceptions hereunder; or (ii) terminate this Agreement in writing before five (5 ) days after receipt of such written notice from Seller not to cure the stated title defects , whereupon , the parties shall be relieved of all further liability under this Agreement . In the event County fails to timely and properly terminate this Agreement as set forth in subsection (ii) above, County shall be deemed to have selected subsection (i) above . If County has given Seller timely written notice of title defects and Seller elects to cure such title defects , Seller shall use its good faith diligent efforts to cause such title defect to be cured by the date of Closing, which may be extended for Sixty (60) days in order to allow Seller a reasonable amount of time to cure, using good faith diligent efforts . In the event that Seller is incapable of curing any title defects prior to the Closing Date, as same may be extended as set forth above, upon delivery of written notice to County notifying County that said title defect is incapable of being cured , County shall have the option of either: (i) closing and accepting the title "as is" , in which event such waived title defects shall be deemed Permitted Exceptions ; or (ii) terminating this Agreement upon written notice to Seller within five (5) days from the receipt of Seller' s notice, in which event the parties shall be released from all further obligations under this Agreement, except those obligations which expressly survive termination . In the event County fails to timely and properly terminate this Agreement as set forth in subsection (ii) above, County shall be deemed to have selected subsection (i) above Notwithstanding the foregoing, Seller shall be obligated to cure all mechanics ' liens, mortgages and any other items of ascertainable monetary amounts created or arising by, through or under Seller prior to Closing, and for these purposes , Seller may utilize all or a portion of the Purchase Price when paid at Closing to satisfy the same . 4 . Representations of the Seller. 4 . 1 Seller is indefeasibly seized of 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 other than the Permitted Exceptions . 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 no documents in the Public Records which would materially 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 . ReRresentations of the County . County represents and warrants to Seller as of the Effective Date and as of the Closing that: (i ) County has full power and authority to enter into this Agreement and to comply with the terms of this Agreement ; (ii) the entering into this Agreement shall not constitute a violation or breach by County of any contract, agreement, understanding or instrument to which it is a party or by which County is subject and bound ; and will not result in the violation of any applicable law, order, rule or regulation of any governmental or quasi-governmental authority; ( iii) all requisite action has been taken to make this Agreement valid and binding on County in accordance with its terms ; and (iv) the party signing this Agreement on behalf of County is fully authorized to do so and County does not need any further consents , joinders or authorization from any governmental or private entity , corporation, partnership , individual or other entity to execute, deliver and perform its obligations under this 2 CADmunxms and SdtbrgrwerhslKilebnunU.ucal SeWiVATemporury hum>rr Fiks\OLKSOMS - Purclwse and Sell AEreenrem - Veru Busumss Park (VB Fenn) v2 ( 11 -« ) -08). kx• Agreement, and to consummate the transactions contemplated hereby other than the Board of County Commissioners as set forth in Section 10. 8 of this Agreement. 6. As -Is Sale, County acknowledges that, except for the express representations , warranties and covenants made by Seller hereunder, County is fully relying on its (or its representatives ' ) inspections of the Property and not upon any statements (oral or written) which may have been made or may be made by Seller or any of its representatives . County acknowledges that County has or will have ( or its representatives have or will have) thoroughly inspected and examined the Property to the extent deemed necessary by County to enable County to evaluate the condition of the Property and all other aspects of the Property (including the environmental condition of the Property, compliance or non-compliance of the Property with all legal requirements) . As a material part of the consideration for this Agreement and the purchase, County hereby agrees to accept the Property on the Closing Date in its "As Is", condition , with all faults , and without representations and warranties of any kind, express or implied, or arising by operation of law, except only (i) the title and ownership representations and warranties expressly set forth in the conveyance deed , and (ii ) the representations , warranties and covenants of Seller expressly set forth in this Agreement and in any documents executed by Seller in connection with this Agreement . The provisions of this section shall survive Closing. 7 . Default . In the event that either party fails to perform any of its obligations hereunder, the non -breaching party shall be entitled to : (i ) terminate this Agreement by written notice delivered to the non -performing party at or prior to the Closing Date , and pursue all remedies available hereunder and under applicable law ; (ii ) obtain specific performance of the terms and conditions hereof; or (iii ) waive the default and proceed to Closing . 8 , Closing. The closing of the transaction contemplated herein ("Closing" ; or sometime referred to hereinafter as the "Closing Date") shall take place within 45 days after the Effective Date of this Agreement unless the parties are undertaking curative title actions pursuant to 3 .2 above . The parties agree that at Closing : (i) The Seller shall execute and deliver to the County the Deed , subject only to the Permitted Exceptions . (ii) The Seller shall deliver to the County an affidavit , in form acceptable to the County, certifying that the Seller is not a non-resident alien or foreign entity , such that the Seller and such interest holders are not subject to tax under the Foreign Investment and Real Property Tax Act of 1980. (iii) The Seller and the County shall each deliver to the other such other documents or instruments as may reasonably be required to close this transaction, including without limitations , authorizing resolutions , closing statements , etc . 9 . Prorations . Real estate taxes and assessments for the Property shall be prorated as of the date of Closing . In the event the taxes and/or assessments for the year of Closing are unknown, the tax proration will be based upon the taxes and assessments for the prior year. . 10 . Miscellaneous . 10 . 1 Controlling 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 . 10 . 2 Waiver of Jury Trial . Seller and County agree to waive the right to a jury trial should any dispute 3 C:IDocunten[r: mil Seuioyslseth.abeitehnun�lwmul 5mtingc�Tempo,vry Intentet Hes\OLKRMSS - Pun:lww and Sell A4rantcnt - Vem Bucitmm Pwk (VB Font) Y2 ( I I -21 .O9WN arise out of the execution or enforcement of this Agreement. 10. 3 Conveyance in Lieu of Eminent Domain. It is understood by the parties that this Agreement is entered by Seller under the threat of and in lieu of condemnation . 10 .4 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. 10. 5 Assignment and BindingEffect .ffect . 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 . 10. 6 Notices . All notices and other communications relating to this Agreement shall be written and sent ( i) by personal delivery, (ii) by commercial courier, (iii) overnight delivery service (such as FedEx) , ( iv) facsimile, or ( v) certified United States Mail , return receipt requested , to the following addresses If to Seller: Neil J . Gaeta, Trustee 5220 Hood Road Ste . 100 Palm Beach Gardens , FL 33418 Fax : 561 -776-2300 If to County : Indian River County 1801270' Street, Vero Beach , FL 32960 Attn : Robert A . Webb , Land Acquisition Fax : 772-778-9391 Notice by certified mail , return receipt requested , shall be effective three (3 ) business days after the notice is properly mailed , notice by overnight courier shall be effective one ( 1 ) business day after notice is sent to the party being notified , upon electronic verification of receipt if by facsimile , or upon actual delivery to the party being notified if by hand delivery . Notice hereunder shall be effective if given by certified mail , return receipt requested , overnight courtier, facsimile , or hand delivery . 10.7 . Counterparts, This Agreement may be executed in two or more counterparts, each one of which shall constitute an original and all of which together shall constitute one and the same instrument. 10. 8 County Aauroval Required : This Agreement is subject to approval by the Indian River County Board of County Commissioners, which shall be obtained by the County on or before December 17 , 2008 ("Approval Date" ) . In the event that the County does not get approval by the Indian River County Board of County Commissioners by the Approval Date, this Agreement shall automatically terminate and the parties shall be relieved of all further liability under this Agreement. 10. 9 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 Exhibit "C" 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) , the beneficial interest in any entity registered with the Federal Securities and Exchange 4 C:U)m-mtwnts mal SeunytslsethsheitchrwnLL.cwul Sci ingMempxury bucnwt FilesWl. MSSS - Purclmue aril Sell Agrcenwnt - Vem Business Puri: (VB Fonn) v2 ( I 1 .21 .08).dm- 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 . 10. 10 Drafting of Agreement._ Each party hereto hereby acknowledges that all parties hereto participated equally in the drafting of this Agreement and that, accordingly, no court construing this Agreement shall construe it more stringently against one party than the other. 10. 11 Time is of the Essence. Time is of the essence with respect to each provision of this Agreement which requires that action be taken by either party within a stated time period , or upon a specified date ; provided, however, if the date for performance is on a Saturday , Sunday or federal holiday, the date for performance shall be extended to the next business day, or if performance shall be impossible as a result of a utilities and/or communications systems failure beyond the control of the party whose action is required, the date for performance shall be extended to the next business day that utilities and/or communications shall be available to such party . 10. 12 Acceptance of Deed. (i) Subject to the express representations and warranties and covenants, obligations and agreements, if any , set forth in this Agreement and in the closing documents delivered at Closing, each party represents, warrants and agrees with the other that neither party nor the employees , agents or attorneys of each of the parties , respectively , have made any verbal or written representations, warranties or statements of any nature or kind whatsoever to the other, whether express or implied, and , in particular, that no representations or warranties have been made with respect to the physical condition or operation of the Property, the zoning and other laws , regulations and rules applicable to the Property or the compliance of the Property therewith, the occupancy of the Property or any part thereof, the quality or condition of the Property , or any other matter or thing affecting or related to the Property or the transactions contemplated hereby , except as and solely to the extent herein specifically set forth. (ii) County agrees to accept the Property " as is, " " where is , " in its present condition , and further agrees that Seller shall not be liable for any latent or patent defects in the Property or bound in any manner by warranties , promises, projections, operating statements or other information pertaining to the Property heretofore or hereafter made , furnished or claimed to have been made or furnished by Seller or any other person or entity including, without limitation , any employee , agent, attorney or other person representing or purporting to represent Seller, whether verbally or in writing , except as and solely to the extent that the same is expressly set forth herein . (iii) The provisions of this Section shall survive the Closing and delivery of the Deed or earlier termination of this Agreement. 10 . 13 Severability . This Agreement is intended to be performed in accordance with, and only to the extent permitted by , applicable law . If any provision of this Agreement or the application thereof to any person or circumstances shall be invalid or unenforceable for any reason , the remainder of this Agreement and the application of such provision to other persons or circumstances shall not be affected and shall be enforced to the greatest extent permitted by law . 10. 14 Exhibits . All exhibits referenced in this Agreement are hereby incorporated into this Agreement for all purposes . 5 CADOcunmuts tad SenillrAftillAw teltimAL cal Setwiga nn wary Itntyuet FiloslOL.KBO%SSS - Purchuse mW Sell Agmemmilt - Vem Business Park (VB Fonn) r2 ( 11 .21 .05)Ax 10. 15 Waiver. Seller by this Agreement hereby waives , releases , and forever discharges County , its officers and employees from any and all actions , claims , damages , attorney's fees or cost of any nature, occurring on or before the Effective Date, arising from County's threat of condemnation or in relation to the expired permits and plat redesign, for which seller acknowledges consideration has been provided for in paragraph 2 above, unless due to County's, its officers and/or employees gross negligence or willful misconduct. The provisions of this Waiver section shall survive Closing. [ Signatures Appear on Following Page] G C:\Duemneuts uwsl Smtiags\sethsl>rhelmanlLa:al ScuhiV \TeniNrary Internet Fik%\OLKBOSSSS - Puniwse and Sell Agreetnem . Vern Business Pork (VB Fnnn) Q (11 .21 .08). IN WITNESS WHEREOF, the undersigned have executed this Agreement as of the shown below . SELLER : INDIAN RIVER COUNTY , FLORIDA . BOARD OF COUNTY COMMISL IOMRS - Wesley Davis.' ` airman Neil J . Gaeta, Trustee Date Signed : December jrb 2008 Date Signed : ATTEST: Mary Louise Scheidt ' Clerk Ad Interim By : Deputy Clerk Date Signed: December 16 , 2008 India iver County Administrator By : �' A 'W"' Josep A . Baud Date Signed : December 16 , 2008 Approved as to form and Legal Sufficiency : Far County Attorney 7 Ovxwuments mxl SrningslactltxlritclmanlLa:al SeningATcmporary Lnentet FilcA0LK80ISSS - PuRluuc and Sell Agreement - Vcm Business Park (VB Fonn) v2 ( 11 -21.Og).Joc F7s/D7 A as Legend p A� ? P.O.c.� POINT OF COIA�1( EAIENT Iw%*DM" P.O.B.a POLAR OF BEGIlk1R1GW Q UNPCATTED oCt Deeaimd Parcel o 0 3 0 � (HATCHED) ' N�j p UNptATTED Wg N01' 5509E 23'527 '°. ru * 1` S00'Ol 52"E ^ U ~ 40.02' S8905303"E 587.50 40.00' s. w. CORNER c REEUDWO00 SAO ® � zg WN � I 1W530W zso ao' 3 ^ b 135.00— _ — . 0 8 S8s 53'o3'E N89 53 03"W ;n 588.87 — — h — — h; 4fst STREET M — 134.05� — _ — — — S LX OF SW. 1/4 OF NE 1/4 SEC. 17, AW. 31 S. ME 34 E S89'53'03'E N01455'09"E P. B. DeBc �lOn P.O.C. 35.02' Sw COR. aF Sw 1/4 A 40.00 foot wide strip of land lying in the Southwest 1 /4 of the Northeast 1 /4 of Section 27, OF NE 1/4 SEC. 27 Township 32 South, Range 39 East, Indian River County, Florida , said 40.00 foot wide strip W. 32 s. ME 2 E being more • porticularly described as follows: COMMENCING at the Southwest comer of said Southwest 1 /4 of the Northeast 1 /4 of Section 27 , Notes; proceed So1.�th 89' 53' 03" East along the South line of said Southwest 1 /4 of the Northeast 1 /4 a distance of 134.05 feet to a point on the Southerly extension of the East line of Grace Fines 1 . This is not a survey. Subdivision, as recorded in Plat Book 17, Pages 19 dt 19A, Public Records of Indian River County, Florida; thence North 01 ' S5' 09" East along said extended East fine a distance of 35.02 f et 2. Reproductions of this sketch to the POINT OF BEGINNING, said point being 35.00 feet North of, when measured perp ar are not valid unless it bears to, the South line of said Southwest 1 /4 of the Northeast i /4 and 135.00 feet East of, as the signature and original raised measured parallel to said South line of the Southwest 1 /4 of the Northeast 1 /4; thence continue seal of a Florida licensed . North 01 ' 55' 09' East along the aforementioned extended East plat fine of Grace Pines Subdivision, a Surveyor & Mapper. distance of 40.02 feet to a point being 75.00 feet North of, when measured perpendicular to, said South line of the . Southwest 1 /4 of the Northeast 1 /4; thence South 89' 53' 03 East, parallel to said South line of the Southwest 1 /4 of the Northeast 1 /40 a distance of 587.50 feet; thence South 00' 01 52" East a distance of 40.00 feet to a point 250.00 feet West of the Southwest corner of Reedwood Subdivision, GRAPHIC SCALE as recorded in Plat Book 3, Page 83, Public Records of Indian , Florida, meas River County, Floridaas ured 200 parallel to said South line of the Southwest 1 /4 of the Northeast 1 /4; thence North 89' 53' O 50 100 03" West, parallel to and 35.00 feet North of, when measured perpendicular to, said South line of the Southwest 1 /4 of the Northeast 1 /4, a distance of 588.87 feet to the POINT OF BEGINNING. Containing an area of 23,527 square feet, more or less . (IN FEET) 1 inch= 100 ft. JOB No. Not to Scale FIVINamZentz & Associates, Inc. 116-079 Professrane/ SirwyorsiRMapper8 aarE �G,E OF aun+oal AM (233) No. 6W 1OIJO106 Sketch of Description 684 Old Dixie Highway ll 74 0 Vero Beach , FI 32962 sHET OF REVISE LEGAL DESC. WORDING — 11 /21 /08 Phone: (772) 567-7552 Wntu�u a Z REGI5MW = rNEYOR No. 5276 i REVISE STRIP TO 40' WIDE AS REQUESTED — 10/4/07 Fax : (772) 567- 1751 STAIF OF FLORA LEXHIBIT 11B. " Legend : P.O.G. KW �. � Sw ,�� P.O.C.— POINT OF COMMENCEMENT or N.£. r/4 SEC 2 Sro6. POOF SEa1NNWa TWP. 32 S_. RCE J9E P.OR h h 4.31 S' M N. UNE of S.W. r/s aF N.F. T/4 SM 27 S89'4T59"E 794.79' S8. 4Y59"E_ _ / 170.00' / 795.30' J _ N01 '55'09"E-' N89' 47�59"W 500'01X52"E 132.75* 0 15 .00' � I 15.01 pescrbed Parcel 0 W © 2 1 0 (HATCHED) UNPLATTED � q I P 71 ,926 sq. ft. tj y c O "i cy Q. p j Descn rm 5 CL A 15.00 foot wide strip of land lying in the Southwest 1 /•i of the Northeast 1 /4 of Section 27 , Township 32 South, Range 39 East, Indian River County, Florida, said 15.00 foot wide strip being more particularly described as follows: COMMENCING at the Northwest comer of said Southwest 1 /4 of the Northeast 1 /4 of Section 27, Notes proceed South 89' 47' 59" East along the North line of saithenceSouthwest nue Sof the Northeast lith ast 1 /4, a distance of 170.00 feet to the POINT OF BEGINNING; 1 . This is not a survey. East olong said North fine, a distance of 794.79 feet to o point on the Northerly extension of the blic Records of 2. Reproductions of this sketch West line of Reedwood Subdivision , as recorded in Plot Book 3, Page 83, Pu Indian River County, Florida; thence South 00' 01 ' 52" East, along said Northerly extension are not valid unless it bears of said West plot line, a distance of 15.00 feet; thence North 89' 47 59 " west, parallel to seatsignature offna lorida licensed raised and 15.00 feet Southerly of, when measured perpendicular to, aforementioned North line of the Surveyor do Mapper. Southwest 1 /4 of the Northeast 1 /4 of Section 27 , a distance of 795. 30 feet; thence North 01 ' 55' 09 " East a distance of 15.01 feet to the POINT OF BEGINNING_ Containing an area of 11 , 926 square feet, more or less. Sketch of Description CHANGE STRIP TO 15' WIDE AS REQUESTED - 10/4/07 • J� No. GRAPHIC SCALE Wjlfiam B. Zentz & Associates, Inc, 116-079 0 50 100 Protesikl" Surveyors�Mep}�er s DA FE CER71FICATE OF AUTHORIZATION (LB) No. 6640 10/30/06 684 Old Dixie Highway A r (IN FEET) 1 inch = 100 ft. Vero Beach, Fl 32962 YQ LSHLEVET OFPhone : (772) 567 -7552 w Lbw e. z= SFox (772 ) 567 - 1751 SrATE OF FL� sun+o. s2�51 Not to Scale 1 I .r rr DISCLOSURE AFFIDAVIT FOR TRUST STATE OF FLORIDA COUNTY OF INDIAN RIVER BEFORE ME , the undersigned authority, personally appeared NEIL J . GAETA, TRUSTEE, whose mailing address is 5220 Hood Road , Suite 100, Palm Beach Gardens, FL 33418. Affiant , who , being by me first sworn , on oath , deposes and says : 1 . Affiant is the Trustee of the above-referenced Trust. ' 2 . The Trust is the fee simple owner of the property located in Indian River County, Florida , and legally described on Exhibit " A" attached hereto and by this reference made a part hereof ("Property') . 3. Affiant, as a Trustee of such Trust , intends to convey the Property to Indian River County , a political subdivision of the State of Florida . 4 . The names and addresses of the persons holding a beneficial interest in the Property, and respective shares held by same as of today are as follows : 5 . The above disclosure is made to the Chairman of the Indian River County Board of County Commissioners , as required under Section 286.23, Florida Statutes . 6 . Affiant has made the disclosure contained herein under oath subject to and with full knowledge of the penalties prescribed for perjury under the laws of the State of Florida. FURTHER AFFIANT SAY W H . (sign) nx ea rustee Date I HERESY CERTIFY that the foregoing instrument was subscribed and sworn to before me this ^ day of \- ��s�� , 200 `� , by Neil J . Gaeta , Trustee. He is personally known to me or produced /.l �l s�� � �� _ 1c .�rt - as identification . Notary Public : Sign Stamped seat with name , Commission Number & Expiration Date: WOMERSLEY S o � �Lak rO,p 10594@196885 a a a a p a U al a a a U• a OO a a a u• a a a a• = NANCY a++++++r+,,, Comm# DD0692885 Expires 711312011 • Assn., Inc saw Florida Notary Auu.uaaN.easceoaunua aHeuanuauuu� I First American Title Insurance Company ALFA OWNER ' S POLICY Agent' s File Number: E0601041 Owner's Policy Number: FA-354420446 . Schedule A., Continuation The Southwest quarter of the Northeast quarter of Section 27, Township 32 South, Range 39 East, less the East 10 acres , and less the North 350 feet of the South 385 feet of the East 250 feet of the West 967 . 4 feet, and less the following described parcel : Beginning at the Northwest corner of the Southwest quarter of the Northeast quarter of said Section 27 , run South along the West line of said Southwest quarter of the Northeast quarter a distance of 1 ,295 . 3 feet to a point on the North right-of-way of the South Gifford Road; thence East along said North right- of--way a distance of 135 feet; thence Northerly a distance of 1 , 295 . 53 feet to a point on the North line of the aforesaid Southwest quarter of the Northeast quarter; thence West 170 feet to a Point of Beginning ; said land situate, lying and being in Indian River County, Florida; together with an easement for ingress and egress over a strip of land thirty feet wide immediately West of the herein- described property. KEX H IBI