HomeMy WebLinkAbout2007-320A 8 / 10 / 2007
LAAC Project: Triple S Land Company
OPTION AGREEMENT FOR SALE AND PURCH SE OF CONSERVATION EASEMENT
THIS OPTION AGREEMENT FOR SALE AND PURCHASE OF CONSERVATION
EASEMENT ("Agreement" ) is made this day of 4 2007 , by and
between TRIPLE S LAND COMPANY Whose address is 1929 Lakeside Dr. , Orlando ,
Florida 32803 ("Seller"), and INDIAN RIVER COUNTY, a political subdivision of the State
of Florida , whose address is 1801 27t`' Street , Vero Beach , Florida 32960 ( "Purchases" or
"County" ) .
1 . 1 GRANT OF OPTION . Seller hereby grants to Purchaser the exclusive option to
purchase a conservation easement overthe parcel of real property located in Indian River
County, Florida , more specifically described in Exhibit "A" attached hereto and made a part
hereof (the "Property") , in accordance with the provisions of this Agreement , in the form of
the Conservation Easement attached as Exhibit "B " (the "Conservation Easement").
1 .2 . The parties acknowledge and agree that the Conservation Easement does not have
the Baseline Documentation report and summary ( herein "Baseline Documentation")
attached to the Conservation Easement as "Exhibit B" at the time this Agreement is
executed .
1 . 3 . This Agreement becomes legally binding upon execution by the parties . The parties
acknowledge and agree that this Agreement is an "option contract" within the meaning of
Florida Statutes section 125 . 355 ( 1 )(a ) . The parties further acknowledge and agree that
the exercise of the option is subject to : (a) the satisfaction , or written waiver by both
parties, of all conditions precedent contained in this Agreement; ( b) the approval of the
Purchase Price for the Property by Purchaser; and (c) the approval of this Agreement by
the County at a duly-noticed public hearing after 30 days' public notice .
1 .4 . Conditions Precedent. The following are the conditions precedent for Purchaser to
exercise the option granted under this Agreement: ( 1 ) Receipt of appraisals and a Survey
(as hereinafter defined ) supporting the Purchase Price (as hereinafter defined ) ; (2 ) Receipt
of satisfactory environmental site assessment(s ) as set forth herein , to include all
successively required phases of environmental site assessments/audits ; (3 ) Receipt of a
satisfactory Survey; (4 ) The existence of no uncured title defects (as hereinafter defined ) ,
except as otherwise set forth in this Agreement; (5) Completion of a mutually agreeable
Baseline Documentation for the Conservation Easement; 6 ) The receipt an opinion of
Bond Counsel for Indian River County that the exercise of the option granted in this
Agreement, and the subsequent acquisition of the Conservation Easement as
contemplated herein , using bond proceeds from the tax exempt general obligation bonds
issued by Indian River County as contemplated by Resolution No . 2005-059 adopted May
17 , 2005 ; Resolution 2004-062 adopted June 22 , 2004 ; and the "2004 Referendum " (as
that term is used in the foregoing resolutions will not adversely affect the exclusion from
gross income for purposes of federal income taxation of interest on such bonds ; and 7 )
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receipt of evidence satisfactory to Purchaser in recordable form that the right of access to
the Property for the purpose of exploration and development of minerals on the property
will be released prior to closing .
1 . 5 . Beneficial Interest Disclosure . In the event Seller is a partnership , limited partnership ,
corporation , trust, or any form of representative capacity whatsoever for others, Sellershall
provide a fully completed , executed , and sworn beneficial interest disclosure statement in
the forms 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 Purchaser.
However, pursuant to Florida Statutes Section 286 . 23 (3 )(a) , the beneficial interest in any
entity registered with the Federal Securities and Exchange Commission , or registered
pursuant to Florida Statutes Chapter 517 , 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.
2 . OPTION TERM . The option payment for the Property is $ 100 . 00 ("Option Payment") .
The Option Payment, in the form of a check , will be forwarded to Seller as soon as
possible after the public hearing to approve this Agreement. The option may be exercised
during the period beginning with the Indian River County Board of County Commission 's
approval of this Agreement at the required public hearing and ending 120 days after the
public hearing ("Option Expiration Date ") , unless extended by other provisions of this
Agreement. In the event the conditions precedent are not satisfied at the end of the Option
Expiration Date , Seller and Purchaser agree that the Option Expiration Date may be
extended by Purchaser, not to exceed 30 days after the Option Expiration Date , by written
notice from Purchaser to Seller. Purchaser and Seller agree to use their best efforts to
exercise the option and close as soon as possible , even if prior to the Option Expiration
Date , so long as all requirements of this Agreement are fulfilled .
3 . PURCHASE PRICE . The purchase price forthe Conservation Easement is Five Million
Ninety Six Thousand and no/ 100 Dollars ($ 5 , 096 , 000 . 00 ) (" Purchase Price") and , after
reduction by the amount of the Option Payment, will be paid by Purchaser at closing to
Seller as set forth herein . The Purchase Price is based on acreage estimates utilized in
the appraisals obtained by the County, including a total acreage of approximately 728
acres . Upon completion of the Survey and approval by Purchaser, the Purchase Price
shall be adjusted up or down in the amount of SEVEN THOUSAND DOLLARS ($ 7 ,000 . 00)
per acre or portion thereof (the "Per Acre Price" ) from a base of 728 acres , in accordance
with the actual acreage shown on the Survey.
4. 1 . ENVIRONMENTAL SITE ASSESSMENT . Purchaser shall , at its sole cost and
expense , provide an environmental site assessment of the Property that is certified to
Purchaser: meets the standard of practice of the American Society of Testing Materials
("ASTM " ) Practice E 1527 ; meets all and the current standards and requirements attached
to this Agreement as Exhibit "D"; bears a date that is not less than 35 days prior to the
Option Expiration Date ; and is performed by an environmental site assessment
professional firm satisfactory to Purchaser (" Phase I ") . For purposes of this Agreement
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"Hazardous Materials" shall mean any hazardous or toxic substance , material or waste of
any kind or any other substance which is regulated by any and all applicable federal , state
or local laws , statutes , ordinances , rules , regulations or other governmental restrictions
regulating , relating to , or imposing liability or standards of conduct concerning Hazardous
Materials (herein " Environmental Laws") . Purchaser shall provide Seller with a copy of the
Environmental Site Assessment.
4 .2 . HAZARDOUS MATERIALS . In the event that the Phase I confirms the presence (or
significant risk of the presence , as determined in Purchaser's sole discretion ) of Hazardous
Materials on the Property, Purchaser, at its sole option , may elect to terminate this
Agreement and neither party shall have any further obligations under this Agreement.
Should Purchaser elect not to terminate this Agreement, Seller shall , at Seller's sole cost
and expense , and prior to the exercise of the option and closing , promptly commence and
diligently pursue any assessment, clean up and monitoring of the Property necessary to
bring the Property into full compliance with any and all Environmental Laws . However,
should the estimated cost of clean up of Hazardous Materials exceed a sum which is equal
to 5 % of the Purchase Price , Seller may elect to terminate this Agreement and no party
shall have any further obligations under this Agreement . In the event that Hazardous
Materials placed on the Property prior to closing are discovered after closing , Seller shall
remain obligated hereunder, with such obligation to survive the closing , delivery , and
recording of the Conservation Easements , diligently to pursue and accomplish the clean up
of Hazardous Materials in a manner consistent with all applicable Environmental Laws and
at Seller's sole cost and expense .
5 . 1 . SURVEY. Purchaser shall , at Purchaser's sole cost and expense obtain a current
boundary survey of the Property prepared by a professional land surveyor licensed by the
State of Florida , satisfactory to Purchaser, that meets both the minimum technical
requirements and standards promulgated by the Florida Board of Professional Land
Surveyors and the survey procedures attached to this Agreement as Exhibit "E" ("Survey').
The Survey shall be certified to Purchaser, title insurer, and the closing agent, and the
date of certification shall be within 90 days before the date of closing , unless this 90 day
time period is waived by Purchaser and by the title insurer for purposes of deleting the
standard exceptions for survey matters and easements or claims of easements not shown
by the public records from the owner's title policy. If the Survey shows any defect, or
encroachment on the Property, the same shall be treated as a "title defect" under this
Agreement . Purchaser shall provide Seller with a copy of the Survey .
5 . 2 . BASELINE DOCUMENTATION . The Baseline Documentation shall be obtained and
prepared by Purchaser and agreed to by Purchaser and Seller. Seller agrees to pay one
half ( 1 /2 ) of the cost of the Baseline Documentation . Seller agrees to cooperate with
Purchaser, and Purchaser' s agents , to allow Purchaser, and Purchaser's agents, to obtain
the information necessary to compile the Baseline Documentation , including access to the
Property upon reasonable prior notice to Seller for photodocumentary and other data
gathering purposes .
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6 . TITLE INSURANCE . Seller shall , at Seller's sole cost and expense and at least 35 days
prior to the Option Expiration Date , furnish to Purchaser a marketable title insurance
commitment for the Property to be followed by an owner's marketable title insurance policy
(ALTA Form "B" ) from a title insurance company satisfactory to Purchaser, insuring
marketable title of the Purchaser in and to the Conservation Easement on the Property in
the amount of the Purchase Price . Seller shall require that the title insurance company
delete the standard exceptions of such policy referring to : (a) all taxes , ( b) unrecorded
rights or claims of parties in possession , (c) survey matters , (d ) unrecorded easements or
claims of easements , and (e) unrecorded mechanics' liens .
7 . DEFECTS IN TITLE . If the title insurance commitment or Survey furnished to Purchaser
under this Agreement discloses any defects that are not acceptable to Purchaser ( herein
"Title Defects") , Seller shall , within 90 days after notice from Purchaser, cure such defects,
provided that the cost of curing shall not exceed two (2 ) percent of the Purchase Price .
Purchaser acknowledges that a third party owns part of the mineral rights and has the right
to access the property for exploration and development of the minerals . Purchaser shall ,
prior to closing , obtain the release of the third party right of access to the property for
exploration and development of the minerals . Seller agrees to use diligent effort to correct
the Title Defects within the time provided therefore ; however Seller shall not be obligated to
bring suit to cure such Title Defects . If Seller is unsuccessful in removing the Title Defects
within the allowed time or if Seller fails to make a diligent effort to correct the Title Defects ,
Purchaser shall have the option to : (a ) accept the title or Survey as it then is with no
reduction in the Purchase Price ; (b ) extend the amount of time that Seller has to cure the
Title Defects ; or (c) terminate this Agreement, thereupon releasing Purchaser and Seller
from all further obligations under this Agreement.
8 . INTEREST CONVEYED . At closing , Seller shall execute and deliver to Purchaser the
Conservation Easement in accordance with Florida Statutes Section 704 . 06 . Conveyance
of the Conservation Easement from Seller to Purchaser will take place at the closing , in
exchange for payment of the Purchase Price to Seller at closing as set forth herein . Seller
shall convey title to the Conservation Easement over the Property free and clear of all
liens , reservations , restrictions , easements , leases , tenancies , and other encumbrances
except those of record and accepted by Purchaser. The grantee under the Conservation
Easement shall be Indian River County, a political subdivision of the State of Florida . At
least five (5 ) business days prior to closing , Seller shall provide all payment instructions to
Purchaser and the closing agent as to the disbursement of the Purchase Price .
9 . SELLERS ' REPRESENTATIONS AND WARRANTIES . To induce Purchaser to enter
into this Agreement , Seller represents and warrants to Purchaser as follows : ( 1 ) From and
after the Effective Date of this Agreement, Seller shall maintain and operate the Property in
a manner consistent with Seller's maintenance and operation during the 12-month period
immediately preceding Seller's execution of this Agreement; (2 ) 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 except those of
record and accepted by Purchaser; (3 ) there is legal ingress and egress for the Property
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8 / 10 / 2007
over public roads or valid , recorded easements that benefit the Property; (4) From and
after the Effective Date of this Agreement, Seller shall not enter into any lease , lease
renewal , option , agreement to sell or otherwise encumber the Property, and shall record
no documents in the public records which would affect title to the Property, withoutthe prior
written consent of the County; (5 ) 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; (6 )
The Seller has not violated , has not received any notices of violation and has no
knowledge of any existing facts or conditions which may result in any violations of any
zoning , safety, environmental , health or other codes , laws , ordinances or regulations with
respect to the Property; and (7) The Seller is not aware of any information or fact which
would materially or adversely affect the Property or the contemplated use thereof which
has not been disclosed to the County in writing .
10 . SELLER'S DOCUMENTATION . Seller shall deliver to Purchaser, within twenty (20 )
days after Seller's execution of this Agreement, copies of the following documents and
items that are true , correct, and complete copies of the originals of such items , together
with any and all modifications thereto : ( 1 ) Any and all surveys of the Property; (2 ) All
engineering , soil , environmental , technical , zoning , access , and similar reports or
documents with respect to the Property prepared by or for Seller; (3 ) any existing owner's
title insurance policy for any parcel of the Property; and (4 ) any instruments evidencing
any existing leases , tenancies , licenses , and other rights of occupancy or use for any
portion of the Property that will remain as encumbrances on the Property after closing .
11 . PREPARATION OF CLOSING DOCUMENTS . Seller or the closing agent shall
prepare Seller's and Purchaser's closing statement; the title , possession , and lien affidavit
certified to Purchaser and title insurer in accordance with Florida Statutes Section
627 . 7842 ; an environmental affidavit; and any other customary closing documents , all on
forms approved by Purchaser ("Closing Documents") . All prepared Closing Documents
shall be submitted to Purchaser for review and approval at least ten ( 10) days prior to
closing . Purchaser will approve or reject the Closing Documents five (5 ) days after receipt
by Purchaser. Seller will have three ( 3 ) days thereafter to revise and resubmit any rejected
Closing Document to Purchaser. In the event Seller fails to timely deliver any Closing
Document, or Purchaser rejects any Closing Document after deliveryor revision , Purchaser
may in its discretion extend the closing date accordingly.
12 . EXPENSES : TAXES AND ASSESSMENTS . Seller will pay the documentary revenue
stamp tax and all other taxes or costs associated with the conveyance , including the cost of
recording the Conservation Easement under this Agreement and any other recordable
instruments that Purchaser deems necessary to assure good and marketable title to the
Property. After closing , Seller shall remain solely responsible for all taxes and
assessments on the Property. All taxes and special assessments that are or may become
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 and satisfied of record by the Seller at closing .
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8 / 10 / 2007
13 . CLOSING PLACE AND DATE . The closing shall be on or before 30 days after the
option is exercised ; provided , however, that if a defect exists in the title to the Property, title
commitment, Survey, environmental site assessment, or any other documents required to
be provided or completed and executed by Seller, the closing shall occur either on the
original closing date or within 30 days after receipt of documentation curing the defects ,
whichever is later. The closing will be held in Vero Beach , Florida , at the office of the title
insurer, or by mail , on the date and at the time agreed to by the parties . The parties agree
that a closing as early as reasonably possible is the intention of Seller and Purchaser. In
no event shall the closing take place later than December 31 , 2007 , unless Seller agrees to
extend at its sole option .
14 . RISK OF LOSS AND CONDITION OF REAL PROPERTY. Seller assumes all risk of
loss or damage to the Property prior to the date of closing and warrants that the Property
shall be in the same or essentially the same condition as of the date of Seller's execution
of this Agreement, ordinary wear and tear excepted . However, in the event the condition of
the Property is altered by an act of God or other natural force beyond the control of Seller ,
Purchaser may elect, at its sole option , to terminate this Agreement and neither party shall
have any further obligations under this Agreement .
15 . RIGHT TO ENTER PROPERTY. Seller agrees that from the date this Agreement is
executed by Seller, Purchaser and its agents , upon 48 hours prior notice , shall have the
right to enter the Property for all lawful purposes in connection with the this Agreement.
With regard to any entry by Purchaser upon the Property prior to closing , Purchaser' s
liability to Seller or to any third party shall be subject to the limitations and conditions
specified in Florida Statutes section 768 .28 .
16 . NOTICES . Any notice shall be deemed duly served if hand delivered ; mailed by
certified mail , return receipt requested ; sent via "overnight" courier service ; or facsimile
transmission , as follows :
If to Seller:
Triple S Land Company
Attn : Varley Grantham
1925 Lakeside Drive , Orlando , Florida 32803
Facsimile # (407 ) 894-3106
If to County:
Indian River County
1801 27th Street , Vero Beach , FL 32960
Attn : Roland Deblois
Facsimile # (772 ) 978- 1806
17 . DEFAULT. In the event Purchaser fails to perform any of its obligations hereunder, the
Seller shall , at Seller's sole option , be entitled to : ( i ) terminate this Agreement by written
notice delivered to Purchaser at or prior to the Closing Date and thereupon neither the
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8 / 10 / 2007
Seller nor any other person or party shall have any claim for specific performance ,
damages , or otherwise against the Purchaser; or (ii ) waive Purchaser's default and
proceed to Closing . In the event Seller fails to perform any of its obligations hereunder,
Purchaser 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
Purchaser nor any other person or party shall have any claim for specific performance ,
damages or otherwise against the Seller; (ii ) obtain specific performance of the terms and
conditions hereof; or ( iii ) waive Seller's default and proceed to Closing . In connection with
any dispute arising out of this Agreement, including without limitation litigation and appeals ,
each party will be responsible for its own attorney's fees and costs .
18 . BROKERS . Seller warrants that no person , firm , corporation , or other entity is entitled
to a real estate commission or other fees as a result of this Agreement or subsequent
closing , except as accurately disclosed on the Closing Documents . Seller shall indemnify
and hold Purchaser harmless from any and all such commission claims , whether disclosed
or undisclosed .
19 . RECORDING . This Agreement may not be recorded .
20 . ASSIGNMENT. This Agreement may be assigned by Purchaser, in which event
Purchaser will provide written notice of assignment to Seller. This Agreement may not be
assigned by Seller without the prior written consent of Purchaser.
21 . TIME . Time is of essence with regard to all dates or times set forth in this Agreement.
22 . SEVERABILITY. In the event any of the provisions of this Agreement are deemed to
be unenforceable , the enforceability of the remaining provisions of this Agreement shall not
be affected .
23 . SUCCESSORS IN INTEREST . Upon Seller's execution of this Agreement, Seller's
heirs , legal representatives , successors and assigns will be bound by it. Upon Purchaser's
approval of this Agreement and Purchaser's exercise of the option , Purchaser and
Purchaser's successors and assigns will be bound by it. Whenever used , the singular shall
include the plural and one gender shall include all genders .
24 . ENTIRE AGREEMENT. This Agreement contains the entire agreement between the
parties pertaining to the subject matter contained herein and supersedes all prior and
contemporaneous agreements , representations , and understandings , whether written or
oral , between the parties pertaining to the subject matter contained herein .
25 . WAIVER . Failure of Purchaser or Seller to insist upon strict performance of any
covenant or condition of this Agreement, or to exercise any right herein contained , shall not
be construed as a waiver or relinquishment for the future of any such covenant, condition
or right; but the same shall remain in full force and effect .
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26 . AMENDMENTS . No modification , amendment, or alteration hereto , shall be effective
or binding upon any of the parties hereto until it has been executed by all of the parties
hereto .
27 . SURVIVAL . The covenants , warranties, representations, indemnities and undertakings
of Seller set forth in this Agreement shall survive the closing , delivery , and recording of the
Conservation Easement under this Agreement.
28 . BARGAIN SALE . Purchaser acknowledges that Seller intends to effectuate a "bargain
sale" of the Property, i . e . , a sale to a charitable organization at a price below fair market
value wherein the difference is considered a charitable contribution under applicable
sections of the Internal Revenue Code . Seller acknowledges that the substantiation of a
charitable contribution deduction rests exclusively with Seller, with the exception of
Purchaser's execution of Internal Revenue Service Form 8283 . Purchaser agrees to
provide copies of the appraisals obtained by Purchaser, upon Seller's request, after full
execution of this Agreement.
SELLER UNDERSTANDS AND AGREES THAT THIS OPTION AGREEMENT
SHALL BE FULLY BINDING UPON SELLER AS OF THE TIME OF
EXECUTION BY SELLER, FOLLOWED WITHIN A REASONABLE TIME
THEREAFTER ( NO MORE THAN 45 DAYS) BY EXECUTION BY
PURCHASE
SELLER/: Triple S Land Company
Witne as to jeller
Title :
Witn ss as to Seller Date signed by Seller
PURCHASER; . -
INDIAN RIVER COUNTY.
BOARDQFCOUNTY, ISSIONERS
B a
Chairman
Signed under authority of Resolution 96-
15 , adopted January 23 , 1996
Approved :
Attest: J . K . Barton , Clerk
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8 / 10 / zoo ?
By BY _
ph A . Baird Deputy 06rk
+T County Administrator
ate signed by urchaser
Approved as to Form and Legal
S 'c' ncy:
B
Marian E . Fell ,
Assistant County Attorney
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EXHIBIT "A"
Legal Description
INSERT TITLE POLICY DESCRIPTION AND DEED DESCRIPTION
(The final legal description will be as reflected on the County-approved survey. )
i
L EXHIBIT "A"
LANDS LYING AND BRING IN SECTION 221 27 , AND 34o -TOWNSHIP 32 SOUTH, RANGE 35 EAST OF
INDIAN RIVER COUNTY, FLORIDA AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS ;
C@GENCING FROM THE SOUTHEAST CORNER OF SECTION 221 TOWNSHIP 32 SOUTH, RANGE 35 EAST,
THENCE, RUN NORTH 00 23 ' 02 " WEST 82 . 62 FEET TO A POINT ON THE SOWN RIGHT OF WAY LINE
OF STATE ROAD 601
TKINCE, RUN NORTH 51 11 . 04" WEST, 893 . 72 FART ALONG SAID RIGHT OF WAY LINE TO A POINT
OF CURVATURE OF A CURVE CONCAVE TO THE SOUTHMST AND HAVING A RADIUS OF 1870 . 38 PEST;
THENCE , THROUGH A CENTRAL ANGLE OF 13 57 ' 03" ALONG AN ARC DISTANCE OF 455. 41 FEET TO
THE POINT OF TANGENCY ;
THENCE, NORTH 65 08 ' 06" WEST 2 , 243 . 06 FEET ALONG SAID RIGHT OF WAY LINE TO A POINT
OP INTERSECTION WITH THE CENTER LINE OF A 60 FOOT WIDE INGRESS/EGRESS SASSHENT, AND
SAID POINT BRING THE TRUE POINT OF BEGINNING;
THENCE, ALONG SAID CENTER LINE RUN SOUTH 32 US ' 21" WEST , 1, 208 . 11 FEET ;
THENCR. SOUTH 01 43 ' 40" WEST, 1 , 091 . 19 FEET;
THENCE, SOUTH 01 00 ' 40" EAST, 437 . 17 FEET TO A POINT OF CURVATURE OF A CURVE CONCAVE
TO THE SOUTHEAST HAVING A RADIUS OF 480 . 09 FRET;
THENCE , THROUGH A CENTRAL ANGLE OF 14 10 ' 28 " r WITH A CHORD BEARING OF SOUTH 08 05 '
54" EAST, AN ARC DISTANCE OF 118 . 77 FEET TO A POINT ON A CURVR CONCAVE TO THE SOUTHWEST
HAVING A RADIUS OF 770 . 69 FEET;
THENCE. THROUGH A CENTRAL ANOLE OF 08 51 ' 30" , WITH A CHORD BEARING OF SOUTH 10
45 ' 33"EAST. AN ARC DISTANCE OF 119 . 14 FEET;
THENCE, SOUTH 06 19 ' 58" EAST, 160 . 04 FRET TO A POINT OF CURVATURE OF A CURVE CONCAVE
TO THE SOUTHWEST HAVING A RADIUS OF 350 . 94 FEET/
THENCE, THROUGH A CENTRAL ANGLE OF 19 24 ' 14" , WITH A CHORD SEARING OF SOUTH 03 22 '
06" WEST, AN ARC DISTANCE OF 118 . 85 FEET;
THENCE, SOUTH 13 04 ' 10" WEST, 581 . 91 FEET;
THENCE. SOUTH 24 07 ' 55" EAST , 95 . 58 FEET;
THENCE, SOUTH 61 19 ' 59 " EAST, 1 , 028 . 91 FEET;
THENCE , SOUTH 33 00 . 24" BAST, 105 . 63 PRET/
THENCE . SOUTH 04 40 . 49" EAST, 1056 . 19 FEET.
THENCE, SOUTH 16 41 ' 15 " EAST, 451 . 25 FEETI
THENCE , SOUTH 00 21 ' 26" WEST . 1 , 376. 05 FEET)
THENCEr SOUTH 00 44' 31" EAST, 51295 . 56 FEET TO THE POINT OF TERMINUS OF SAID EASEMENT
AND SAID POINT BEING THE 1/4 CORNER ON THE SOUTH LINE OF SECTION 34 ;
THENCE, SOUTH 89 18 ' 13 " HEST , 2 . 709 . 86 FEET ALONG THE SOUTH LINE OF SECTION 34 TO
THE SOUTHWEST CORNER OF SECTION 341
THENCE , NORTH 00 46 ' 09" WESTr 5 . 288 . 32 FEET ALONG THE WEST LINE OF SECTION 34 TO THE
SOUTHWEST CORNER OF SECTION 271
THENCE , NORTH 00 29 . 56 " WEST , 5 , 312 . 61 FEET ALONG THE WEST LINE OF SECTION 27 TO THE
SOUTHWEST CORNER OF SECTION 22 ;
THENCE . NORTH 00 40 ' 09 " WESTr 2 , 764 . 05 FEET ALONG THE WEST LINE OF SECTION 22 TO A
POINT LYING ON THE SOUTH RIGHT OF WAY LINE OF STATE ROAD 60;
THENCE , ALONG SAID RIGHT OF WAY LINE SOUTH 74 59 ' 04 " EAST, 852 . 91 FEET TO A POINT ON
A CURVE CONCAVE TO THE SOUTHEAST HAVING A RADIUS OF 21719 . 14 FEET;
THENCE , ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 09 50 ' 57" 6 WITH A CHORD BEARING
OF SOUTH 70 03 . 15 " EASTr AN ARC DISTANCE OP 467 . 42 FEET ;
THENCE , CONTINUE ALONG SAID RIGHT OF WAY LINE SOUTH 65 08 ' 06" EAST, 1, 179 . 67 FEET TO
THE TRUE POINT OF BEGINNING.
SAID LANDS SUBJECT TO AN EASEMENT OF INGRESS/RGIE6S . SEE EASEMENT LEGAL DESCRIPTION.
O
AMII1 LESS AND EYCSPTItW A PORTION OF LAND FOR A SCHOOL BITE BEING MORE PARTICULARLY L7 _
DESCRIBED AS FOLLOWS ; lJ
BEGINNING AT THE NORTHWEST CORNER OF THE SOUTHWEST 1/41 THENCE SOUTHERLY 204 FEET TO N
A POINT; THENCE EASTERLY 300 FEET TO A POINTI THENCE NORTHERLY 249 . 60 FEET TO THE SOUTH Cj
RIGHT OF WAY OF STATE ROAD 60 ; THENCE NORTHWESTERLY ALONG SAID RIGHT OF WAY, 311 FEET . PJ
TO A POINT; ,THENCE SOUTHERLY 107 . 90 FEET MORE OR LESS TO A POINT OF BEGINNING. J
CONTAINING 1 . 93 ACHES MORE OR LESS , BEING PART OF THE NORTHWEST 1/4 OF THE SOUTHWEST
1/4 AND A PART OF THE SOUTHWEST 1/4 OF THE NORTHWEST 1/4 OF SECTION 22 , TOWNSHIP 32 - c
SOUTH, RANGE 35 EAST . J
DOT ACQUISITION AREA
. , RETURN TO:
THE URBAN GROUP, INC.
Jb �� 6801 ROAD,
SUITE
306
01 -GWD . 02 - 06 / 93 LAKE WORTH, FLORIDA
33467
This instrument prepared
Parcel No . 102 . 1R
P P /
under the direction of : /��Q W . P . Z . / Segment No . 2286001
Laurice C . Mayes , Es . ' / 0 ( Section No . 88060 - 2529 )
Legal description pre are b Managing District : 04
Siaita )aniels ( 5 - 21 - 99 ) S . R . No . 60 N
Department of Transportation County : Indian River N
3400 W . Commercial Boulevard O
Ft . Lauderdale , Florida 33309 LATHE PEO01100 OR O
-. I
JEFFREY K BARTON Q1 CLOW CIRCWT ODURr
■J TO2RRANTY DNIW INDIAN RrM0O.. RA
■ THIS WARRANTY DEED Made the Z Z-* day of " 'r ,
'■f 199 A by IRIPLE S . CATTLE COMPANY , a Florida C rporation ,
whose address is : 2685 Hansrob Road Orlando Florida 32804 - 3317
grantor , to the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION ,
grantee : ( wherever used herein the terms " grantor " and " grantee "
include all the parties to this instrument and the heirs , legal e
representatives and assigns of individuals and the successors , and e
assigns of organizations ) .
WITNESSETH : That the grantor , for and in consideration of the e
sum of $ 1 . 00 and other valuable considerations , receipt and
sufficiency being hereby acknowledged , hereby grants , bargains , sells , s
aliens , remises , releases , conveys and confirms unto the grantee , all o
that certain land situate in Indian River County , Florida , viz : C3
Parcel No . 102 W . P . I . / Segment No .. 2286001
( Section No . 88060 - 2529 )
A portion of land lying in Section 22 , Township 32 South , Range 35
East , Indian River County , Florida , more particularly described as
follows :
Commence at a found 4 " x 4 " concrete monument with a disc marking the
Northwest corner of the Northwest % of said Section 22 ; thence
`) South 00031 ' 43 " East along the West line of the Northwest 'A of said
Section 22 , a distance of 758 . 638 meters ( 2 , 488 . 96 feet ) to a point on
the Baseline of Survey for State Road 60 as shown on the Florida
Department of Transportation Right of Way Map for Section 88060 - 2529 ;
thence South 74051 ' 20 " East along said Baseline of Survey , a distance
of 99 . 082 meters ( 325 . 07 feet ) ; thence South 15005 ' 40 " West along a
line at a right angle to the last described course , a distance of
15 . 240 meters ( 50 . 00 feet ) to a point on the Southwesterly Existing
Right of Way line for said State Road 60 and the POINT OF BEGINNING ;
thence South 74051 ' 20 " East along said Southwesterly Existing Right of
Way line and a line 15 . 240 meters ( 50 . 00 feet ) Southwesterly of and
parallel with said Baseline of Survey , a distance . of 26 . 742 meters
( 87 . 74 feet ) to a point on the South line of the Northwest % of said
Section 22 ; thence continue South 74051 ' 20 " East along said
Southwesterly Existing Right of Way line and said parallel line , a
distance of 138 . 682 meters 1454 . 99 feet ) to a point on a curve concave
Southwesterly , having a chord bearing of South 69055 ' 52 " East ; thence
Southeasterly along said parallel line and the arc of said curve ,
having a radius of 828 . 796 meters ( 2 , 719 . 14 feet ) , through a central
angle of 09050 ' 57 " , an arc distance of 142 . 470 meters ( 467 . 42 feet ) to
the end of said curve : thence South 65000 . 23 " East .along said y
Southwesterly Existing Right of Way line and said parallel line , a
distance of 359 . 564 meters ( 1 , 179 . 67 feet ) , thence C.]
South 32013 ' 04 " West , a distance of 10 . 994 meters ( 36 . 07 feet ) to a - C!1
point on a curve concave Southwesterly , having a chord bearing of C=)North 69041 ' 15 " West ; thence continue
Northwesterly along the arc of
said curve , having a radius of 4 , 841 . 800 meters ( 15 , 885 . 14 feet ) , N
through a central angle of 07044 ' 30 " , an arc distance of 654 . 211 U1
meters ( 2 , 146 . 36 feet) to the end of said curve ; thence —J
North 00039 ' 47 " West , a distance 26 . 340 meters ( 86 . 41 feet ) to the —�
POINT OF BEGINNING .
AND
1 J
_ EGAL DESCRIPTION - DOT ACQUISITION ( continued )
A portion of land in Section 26 , Township 32 South , Range 35 East ,
Indian River County , Florida , more particularly described as follows :
Commence at a found concrete monument with a screw and washer marking
the Northwest corner of the Northwest 'A of Section 23 , Township 32
South , Range 35 East ; thence South 00017 ' 11 ^ East along the West line
of the Northwest 'A of said Section 23 , a distance of 809 . 829 meters
( 2 , 656 . 91 feet ) to a point on the Southwest corner of the Northwest 'A
of said Section 23 ; thence continue South 00017 ' 11 • East along the
West line of . the Southwest 'A of said Section 23 , a distance of 764 . 769
meters ( 2 , 509 . 08 feet ) to a point on the Baseline of Survey for State
Road 60 as shown on the Florida Department of Transportation Right of
Way Map for Section 88060 - 2529 ; thence South 51003 ' 20 " East along said
Baseline of Survey , a distance of 285 . 830 meters ( 937 . 76 feet ) ; thence
North 38056 ' 40 ' East along a line at a right angle to the last
described course, a distance of 30 . 480 meters ( 100 . 00 feet ) to the
POINT OF BEGINNING ; thence North 00010 ' 26 " West , a distance of 16 . 323
meters ( 53 . 55 feed : thence North 40007 ' 01 ° East , a distance of 81 . 850
meters ( 268 . 54 feet ) ; thence South 49052 ' 59 ' East , a distance of
90 . 119 meters ( 295 . 67 feet ) ; thence South 28054 ' 41 • West , a distance
of 52 . 605 meters ( 172 . 59 feet ) ; thence South 49052 ' 59 " East , a
distance of 72 . 694 meters ( 238 . 50 feet ) to a point on the Westerly
Existing Right of Way line for Blue Cypress Road ; thence
South 28054 ' 41 ` West along said Westerly Existing Right of Way line , a
distance of 39 . 976 meters ( 131 . 16 feet ) ; thence North 51003120 ' West
along a line 30 . 460 meters ( 100 . 00 feet ) Northeasterly of and parallel
with said Baseline of Survey , a distance of 170 . 285 meters
1558 . 68 feet ) to the POINT OF BEGINNING .
Containing 2 . 752 hectares ( 6 . 801 acres ) , more or less .
TOGETHER with all tenements , hereditaments and appurtenances
thereto belonging or in anywise appertaining .
TO HAVE AND TO HOLD , the same in fee simple forever .
AND the grantor hereby covenants with said grantee that the
grantor is lawfully seized of said land in fee simple ; that the
grantor has good right and lawful authority to sell and convey said
land; that the 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 .
IN WITNESS WHEREOF , the grantor has caused these presents to be
executed in its name, and its corporate seal to be hereunto affixed ,
by its proper officers thereunto duly authorized , the day and year
first above written .
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8 / 10 / 2007
EXHIBIT B
Conservation Easement
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Project Name : Triple S Land Company Conservation Easement
DEED OF CONSERVATION EASEMENT
THIS GRANT OF CONSERVATION EASEMENT is made this day,
by TRIPLE S LAND COMPANY, whose address is 1925 Lakeside Dr. ,
Orlando , Florida 32803 ("Grantor" ) , in favor of INDIAN RIVER COUNTY, a political
subdivision of the State of Florida , c/o Community Development Department, 1840 25th
Street , Vero Beach , Florida 32960 ("Grantee" ) .
The terms "Grantor and "Grantee " shall include the singular and the plural, and the
heirs, successors and assigns of Grantor and Grantee, and the provisions of this
easement shall be binding upon and inure to the benefit of Grantor, Grantee and
their heirs, successors and assigns.
RECITALS
A. Grantor is the sole owner in fee simple of certain real property in Indian
River County, Florida , more particularly described in Exhibit A attached hereto and
incorporated by reference ( hereinafter, the " Property") .
B . Grantor and the Grantee mutually recognize the special character of the
Property and have the common purpose of conserving certain values and character of
the Property by conveyance to the Grantee of a perpetual conservation easement on ,
under, over, and across the Property, to conserve the character of the Property,
continue certain farming , ranching and low density residential uses existing at the time
of this conservation easement and identified in the baseline documentation or as
reserved by Grantor herein that do not significantly impair the character of the Property ,
and prohibit certain further development activity on the Property.
C . The specific conservation values of the Property are documented in the
"Baseline Inventory Report for the Triple S . Land Company Conservation Easement
Tract in Indian River County, Florida" , dated ('Baseline
Documentation " ) , which consists of reports , maps , photographs , and other
documentation that the parties agree provide , collectively, an accurate representation of
the Property at the time of this grant, and which is intended to serve as an objective
information baseline for monitoring compliance with the terms of this grant. The
Baseline Documentation is maintained in the offices of the Indian River County
Community Development Department and is incorporated by this reference . A copy of
the Baseline Documentation will be provided to Grantor at closing and will be available
from Grantee on request. Exhibit " B" is a copy of a map of the Property as contained
within the Baseline Documentation .
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D . Grantee is a governmental body authorized under the provisions of §704 .06 ,
Florida Statutes , to hold conservation easements for the preservation and protection of
land in its natural , scenic, historical , agricultural , forested , or open space condition .
E . Grantee agrees by accepting this grant to honor the intentions of Grantor
stated herein and to preserve and protect in perpetuity the conservation values of the
Property for the benefit of this generation and the generations to come .
F . The fact that any use of the Property that is expressly prohibited by the terms
of this Easement may become greatly more economically valuable than uses allowed by
the terms of this Easement, or that neighboring properties may, in the future , be put
entirely to uses that are not allowed by this Easement has been considered by Grantor
in granting this Easement and by Grantee in accepting it.
NOW THEREFORE , to achieve the foregoing purposes , and in consideration of
$ 10 . 00 and other good and valuable consideration , including but not limited to the
above and the mutual covenants , terms , conditions , and restrictions contained herein ,
the receipt and sufficiency of which is acknowledged , and pursuant to the laws of
Florida , and in particular §704 . 06 , Florida Statutes , but without intending the validity of
this Easement to be dependent on the continuing existence of such laws , Grantor
hereby voluntarily grants and conveys to Grantee a conservation easement in perpetuity
over the Property of the nature and character and to the extent hereinafter set forth
(" Easement' or " Conservation Easement') .
ARTICLE I . DURATION OF EASEMENT
This Conservation Easement shall be perpetual . It is an easement in gross , runs
with the land , and is enforceable by Grantee against Grantor, Grantor' s personal
representatives , heirs , successors and assigns , lessees , agents , and licensees .
ARTICLE II . PURPOSE OF EASEMENT
It is the purpose of this Easement to assure that the Property will be retained
forever in its natural , scenic, wooded condition to provide a relatively natural habitat for
fish , wildlife , plants or similar ecosystems , and to preserve portions of the Property as
productive farmland and forest land that sustains for the long term both the economic
and conservation values of the Property and its environs , through management guided
by the following principles :
• Protection of scenic and other distinctive rural character of the landscape ;
• Maintenance and enhancement of wildlife and game habitat;
• Protection of unique and fragile natural areas and rare species habitats ;
Maintenance of the value of the resource in avoiding land fragmentation ;
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• Protection of surface water quality, the Floridan Aquifer, wetlands , and riparian
areas .
The above purposes are hereinafter sometimes referred to as "the Conservation
Purposes' . Grantor intends that this Easement will confine the use of the Property to
such activities as are consistent with the Conservation Purposes of this Easement and
identified in article V.
ARTICLE III . RIGHTS GRANTED TO THE GRANTEE
To accomplish the purpose of this Easement the following rights are conveyed to
Grantee by this Easement :
A. The right to enforce protection of the conservation values of the Property;
B . All future residential , commercial , industrial and incidental development rights
that are now or hereafter allocated to, implied , reserved , or inherent in the Property
except as may be specifically reserved to Grantor in this Easement . The parties agree
that such rights are hereby terminated and extinguished and may not be used on or
transferred to other property. Neither the Property nor any portion thereof may be
included as part of the gross area of other property not subject to this Easement for the
purposes of determining density, lot coverage , or open space requirements , under
otherwise applicable laws , regulations or ordinances controlling land use and building
density. No development rights that have been encumbered or extinguished by this
Easement shall be transferred to any other lands pursuant to a transferable
development rights scheme or cluster development arrangement or otherwise , nor shall
any development rights or density credits be transferred onto the Property from other
property.
C . The right to enter upon the Property at reasonable times in order to monitor
compliance with and otherwise enforce the terms of this Easement; provided that such
entry shall be upon prior 48 hours prior notice to Grantor, and Grantee shall not
unreasonably interfere with Grantor's use and quiet enjoyment of the Property.
D . The right to prevent any activity on or use of the Property that is inconsistent
with the Conservation Purposes or provisions of this Easement and to require the
restoration of or to restore such areas or features of the Property that may be damaged
by any inconsistent activity or use , at Grantor' s cost.
E . The right of ingress and egress to the Property.
F . The right to have the ad valorem taxes , assessments and any other charges
on the Property paid by Grantor.
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G . A right to notice of intent to sell . The terms of this right are such that if
Grantor intends to sell the Property, or any interest therein or portion thereof, Grantor
shall deliver to Grantee notice of such intent, and shall , in good faith , afford Grantee an
opportunity to negotiate the acquisition of the Property, or such portion thereof or
interest therein that Grantor intends to sell . If Grantee desires to negotiate the
acquisition of the Property, or such portion thereof or interest therein , Grantee shall so
notify Grantor within 30 days after receipt of Grantor's notice of intent . If Grantor and
Grantee are unable , in good faith to agree to terms of an acquisition of the Property, or
such interest therein or portion thereof as applicable , within 120 days thereafter, Grantor
may sell the Property free of the right granted herein . Provided , however, that closing on
such sale shall occur within one year of the date of Grantor's notice to Grantee . If the
Property, or such portion thereof or interest therein as is applicable , has not sold within
one year after Grantee ' s notice to Grantor that Grantee does not intend to negotiate
acquisition of the property or within one year after failure to reach agreement to terms of
an acquisition , then any intent to sell the Property thereafter shall require renewed
notice to Grantee . This right of notice shall not be triggered by sales or transfers
between Grantor and lineal descendants of Grantor or entities in which Grantor owns a
majority of the controlling interests . The right or notice granted herein applies to the
original Grantor and to said original Grantor's , heirs , successors and assigns . Any
transferee takes title to the fee encumbered by this Conservation Easement.
G . 1 . Grantee acknowledges that there currently exists a Right of First Refusal
entered into on the 3`d day of March , 1999 , between Triple "S " Cattle Company, a
Florida Corporation and Padgett Creek LLC , the Grantor hereunder, which Right of First
Refusal remains in full force and effect as of the date of the execution of this Deed of
Conservation Easement and which right is recorded on the Public Records in OR Book
419 pages 599 and 600 , Public Records of Indian River County. Any transferee takes
title to the fee encumbered by this Conservation Easement .
G .2 . In the event Grantee acquires fee interest in the Property, this
Conservation Easement shall not merge into the fee simple estate , and Indian River
County as Grantee covenants to take all necessary steps to assure that the estates do
not merge .
H . The right to be indemnified by Grantor for any and all liability, loss , damage ,
expense , judgment or claim ( including a claim for attorney fees ) arising out of any
negligent or willful action or activity resulting from the Grantor's use and ownership of or
activities on the Property or the use of or activities of Grantor's agents , guests , lessees
or invitees on the Property unless solely due to the negligence of Grantee or its agents ,
in which case liability shall be prorated accordingly. Pursuant to Florida Statutes
section 704 . 06 ( 10 )(2006 ) , the ownership or attempted enforcement of rights held by
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Grantee does not subject the Grantee to any liability for any damage or injury that may
be suffered by any person on the Property or as a result of the condition of the Property
encumbered by a Conservation Easement. Further, nothing in this Conservation
Easement shall be deemed or construed as a waiver of the sovereign immunity of
Indian River County as Grantee .
1 . The right to be indemnified by Grantor for any liability for injury or property
damage to persons on the Property arising out of any condition of the Property known to
the Grantor to the best of Grantor's knowledge unless solely due to the negligence of
Grantee or its agents , in which case liability shall be prorated accordingly. Pursuant to
Florida Statutes section 704 . 06( 10)(2006 ), the ownership or attempted enforcement of
rights held by Grantee does not subject the Grantee to any liability for any damage or
injury that may be suffered by any person on the Property or as a result of the condition
of the Property encumbered by a Conservation Easement . Further, nothing in this
Conservation Easement shall be deemed or construed as a waiver of the sovereign
immunity of Indian River County as Grantee .
J . The right to have the Property maintained as reflected on the Baseline
Documentation , as the Property may develop through the forces of nature hereafter,
subject only to the exercise of Grantor' s Reserved Rights , and the Rights Granted to the
Grantee , as described in this Easement.
K. If Grantor fails to cut and remove timber damaged by natural disaster, fire ,
infestation or the like , then the right, but not the duty, of Grantee , in its sole discretion to
cut and remove said timber. Any such cutting and removal by Grantee shall be at the
expense of Grantee and all proceeds from the sale of any such timber shall inure to the
benefit of Grantee .
ARTICLE IV. PROHIBITED USES
The Property shall be maintained to preserve the Conservation Purposes of this
Easement. Without limiting the generality of the foregoing Grantor agrees that the
following uses and practices , though not an exhaustive recital of inconsistent uses and
practices , are expressly prohibited or restricted :
A. No soil , trash , liquid or solid waste ( including sludge ) , or unsightly, offensive ,
or hazardous materials , wastes or substances , toxic wastes or substances , pollutants or
contaminants , including , but not limited to , those as now or hereafter defined by federal
or Florida law defining hazardous materials , wastes or substances , toxic wastes or
substances , pollutants or contaminants shall be dumped or placed on the Property.
This prohibition shall not be construed to include reasonable amounts of waste
generated as a result of allowed activities .
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B . The exploration for and extraction of oil , gas , minerals , dolostone , peat, muck ,
marl , limestone , limerock, kaolin , fuller's earth , phosphate , common clays , gravel , shell ,
sand and similar substances either directly or indirectly by Grantor or on Grantor's
behalf or with the joinder or consent of Grantor in any application for a permit so to do ,
under and by virtue of the authority of a grant or reservation or other form of ownership
of or interest in or control over or right to such substances , except as reasonably
necessary to combat erosion or flooding , or except as necessary and lawfully allowed
for the conduct of allowed activities .
C . Activities that will be detrimental to drainage , flood control , water
conservation , erosion control , soil conservation , or fish and wildlife habitat preservation
unless otherwise provided in this Easement. There shall be no dredging of new canals ,
construction of new dikes , manipulation of natural water courses , or disruption ,
alteration , pollution , depletion , or extraction on the Property of existing surface or
subsurface water flow or natural water sources , fresh water lakes , ponds and pond
shores , marshes , creeks or any other water bodies , nor any activities or uses conducted
on the Property that would be detrimental to water purity or that could alter natural water
level or flow in or over the Property. Provided , however, Grantor may continue to
operate , maintain , or replace existing ground water wells incident to allowed uses on the
Property, subject to legally required permits and regulations .
D . Acts or uses detrimental to the preservation of the structural integrity or
physical appearance of any portions of the Property having historical or archaeological
significance . Grantor shall notify the Florida Department of Historical Resources or its
successor (" FDHR") if historical , archaeological or cultural sites are discovered on the
Property, and any sited deemed to be of historical or archaeological significance shall
be afforded the same protections as significant sites known to exist at the time of
entering into this easement. Grantor will follow the Best Management Practices of the
Division of Historic Resources , as amended from time to time .
E . The removal , destruction , cutting , trimming , mowing , alteration or spraying
with biocides of trees , shrubs or other natural vegetation , including but not limited to
cypress trees , except as otherwise specifically provided in this Easement. There shall
be no planting of nuisance exotic or non-native plants as listed by the Exotic Pest Plant
Council ( EPPC ) or its successor. The Grantor shall , to the extent practical , control and
prevent the spread of nuisance exotics or non-native plants on the Property. Grantor
hereby grants to Grantee the right, in Grantee 's sole discretion and at Grantee 's
expense , to develop and implement an exotic plant removal plan for the eradication of
exotics or non-native plants on the Property. Under no circumstances , shall this right
conveyed to Grantee be construed to diminish Grantor' s responsibilities under this
paragraph or as an obligation of the Grantee .
F . Commercial or industrial activity, or ingress , egress or other passage across
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or upon the Property in conjunction with any commercial or industrial activity including
but not limited to swine , dairy and poultry operations and confined animal feed lot
operations .
G . New construction or placing of temporary or permanent buildings , mobile
homes or other structures in , on or above the ground of the Property except as may be
necessary by Grantor for maintenance or normal operations of the Property or during
emergency situations or as may otherwise be specifically provided for hereinafter. For
purposes of this paragraph the term "emergency" shall mean those situations that will
have an immediate and irreparable adverse impact on the Conservation Purposes .
H . The construction or creation of new roads or jeep trails except as reserved
hereafter.
I . There shall be no operation of motorized vehicles except on established trails
and roads unless necessary: ( i ) to protect or enhance the purposes of this Easement ,
( ii ) for emergency purposes , (iii ) for cattle ranching purposes , (iv) to retrieve game that
has been hunted legally, and (v) for other uses reserved by Grantor in this agreement
J . Areas currently improved for agricultural activities as established by the
Baseline Documentation may continue to be used for those activities . Areas that are
currently in improved pasture as depicted in the Baseline Documentation shall not be
converted to more intense agricultural use except as reserved hereafter. Lands that are
depicted in the Baseline Documentation as being natural areas shall remain natural
areas .
K. Actions or activities that may reasonably be expected to adversely affect
threatened or endangered species .
L . Any subdivision of the land except as may otherwise be provided in this
Easement.
M . There shall be no signs , billboards , or outdoor advertising of any kind
erected or displayed on the Property, except that Grantee may erect and maintain signs
designating the Property as land under the protection of Grantee , signs that identify the
property, and signs relating to the uses on the Property.
N . There shall be no commercial water wells on the Property.
O . There shall be no commercial timber harvesting on the Property except as
reserved hereafter.
P . There shall be no wireless telecommunication tower facilities on the Property.
8/ 10/2007
ARTICLE V. GRANTOR'S RESERVED RIGHTS
Grantor reserves to Grantor, and to Grantor' s personal representatives , heirs ,
successors , and assigns , the following specified rights , which are deemed to be
consistent with the purpose of the Easement . The exercise of the Reserved Rights
shall be in full accordance with all applicable local , state and federal law , as amended
from time to time , as well as in accordance with the purposes of this Easement.
A . The right to observe , maintain , photograph , introduce and stock native fish or
wildlife on the Property, to use the Property for non-commercial hiking , camping , and
horseback riding and similar activities consistent with the Conservation Purposes of this
Conservation Easement, so long as the same do not constitute a danger to Grantee's
employees , agents , officers , and invitees , and so long as such activities do not violate
any of the prohibitions applicable to the Property or Grantee 's rights , as stated above .
Grantor reserves , and shall continue to own , the hunting and fishing rights on , or related
to , the Property and Grantor may lease and sell privileges of such rights .
B . The right to conduct controlled or prescribed burning on the Property ;
provided , however, that Grantor shall obtain and comply with a prescribed fire
authorization from the local and state regulatory agencies having jurisdiction over
controlled or prescribed burning .
C . The right to mortgage the Property; provided , however, that the mortgagee's
lien shall be inferior to and lower in priority than this Easement ; and further provided that
Grantor shall obtain a written , recordable instrument from any such lender or
mortgagee , that acknowledges that the Property is encumbered by this Conservation
Easement and that any mortgage is subordinate to the Conservation Easement and any
mortgagee in possession shall be bound by this Conservation Easement as a successor
in interest to Grantor.
D . The right to contest tax appraisals , assessments , taxes and other charges on
the Property.
E . The right to continue to use , maintain , repair, reconstruct, or relocate existing
buildings , barns , dog pens , outbuildings , fences , roads , ponds , drainage ditches and
such other facilities on the Property as depicted in the Baseline Documentation subject
to all then applicable development, building , and zoning requirements and restrictions of
Indian River County; provided that the right to relocate is limited to areas identified as
improved pasture in the Baseline Documentation . In the event of the relocation of
buildings , barns , dog pens , outbuildings , fences , roads , ponds , drainage ditches and
such other facilities , the original site of these facilities shall be returned to pasture or
native vegetation by Grantor at Grantor's sole cost and expense . Grantor may
construct new fences and facilities related to the grazing of livestock in the improved
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8/10/2007
pasture identified in the Baseline Documentation . Grantor may construct a siloh on the
Property provided it is located in the improved pasture identified in the Baseline
Documentation and its location is approved by Grantee , such approval may not be
unreasonably withheld . Grantor may enlarge existing buildings , barns , dog pens and
outbuildings up to one hundred twenty ( 120 ) percent of the footprint as of the date of
this Conservation Easement.
F. The right to exclusive use of the improvements depicted in the Baseline
Documentation .
G . The right to continue existing agricultural practices as depicted in the
Baseline Documentation . It is understood that grazing has occurred throughout the
Property and the grazing of cattle , sheep , horses , and other livestock is a reserved right
of the Grantor; haying has occurred in the areas identified as improved pasture in the
Baseline Documentation , sod farming has occurred on a limited area of the improved
pasture as identified in the Baseline Documentation ; and the planting of trees for
silviculture purposes has occurred in the improved pasture . Grantor may use commonly
accepted fertilizers , pesticides and herbicides only in the improved pasture areas , so
long as Grantor uses the foregoing in accordance with agricultural best management
practices as may be adopted from time to time by the Florida Department of Agriculture
and Consumer Services ("FDACS") or its successor. The planting of trees in the
improved pasture for silviculture purposes is reserved by Grantor. Grantor may not cut
down trees in the improved pasture unless such trees were specifically planted for
silviculture purposes .
H . 1 . The right to construct two new residences in the area identified as improved
pasture in the Baseline Documentation , at least one of which shall be located north of
Padgett Creek , and the right to subdivide these two residential parcels into two new tax
parcels of twenty (20 ) acres each subject to approval by Indian River County in
accordance with all then applicable subdivision requirements for parcels of twenty (20 )
acres . Each residence shall be subject to all then applicable development, building , and
zoning requirements and restrictions of Indian River County. In such event, Grantor
shall prepare and provide to the Grantee a revised legal description of the Property and
legal descriptions for the new tax parcels ( Revised Exhibit "A" ) and the revised exhibit
shall be recorded as an allowed amendment to this Conservation Easement.
H . 2 . Each parcel created and each residence shall be subject to all then
applicable development, building , and zoning requirements and restrictions . Uses
related and accessory to any residence may be established , provided such uses comply
with all then applicable development, building , and zoning requirements and restrictions .
Upon the Grantor notifying the Grantee of the decision to build a residence , Grantee
shall release two (2 ) acres of the applicable residential parcel from this Conservation
Easement encumbrance without additional charges or compensation . The remaining 18
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acres shall remain subject to this Conservation Easement . Grantor shall provide a
sketch and legal description of the applicable released two (2 ) acres .
H . 3 . If the Property is divided into new tax parcels and transferred , as provided
herein , and events occur with respect to a transferred portion of the Property that cause
Grantee to invoke its rights or remedies , Grantee 's rights and remedies shall be limited
to the transferred portion of the Property and the owner of such transferred portion .
Similarly, if events occur with respect to the retained portion of the Property that cause
Grantee to invoke its rights or remedies , Grantee 's rights and remedies shall be limited
to the retained portion of the Property and the owner of such retained portion .
H .4 . New wires , lines, pipes , cables or other linear facilities providing electrical ,
gas , water, sewer, communications or other utility services to the allowed new or
relocated residences may be installed , maintained , repaired , removed , relocated and
replaced and Grantor may grant easements over and under the Property for such
purposes subject to all then applicable development, building , and zoning requirements
and restrictions of Indian River County. Septic or other underground sanitary systems
serving the residences permitted herein may be installed , maintained , repaired , or
improved in accordance with applicable laws , regulations , and ordinances subject to all
then applicable development, building , and zoning requirements and restrictions of
Indian River County. For each new or relocated residence Grantor may construct and
maintain a permeable road as a driveway if one does not already exist subject to all
then applicable development, building , and zoning requirements and restrictions of
Indian River County.
ARTICLE VI . GRANTEE ' S REMEDIES
A. Remedies . If Grantee determines that Grantor is in violation of the terms of
this Easement or that a violation is threatened , Grantee shall give written notice to
Grantor of such violation and demand corrective action sufficient to cure the violation
and , where the violation involves injury to the Property resulting from any use or activity
inconsistent with the purpose of this Easement , to restore the portion of the Property so
injured . If Grantor fails to cure the violation within thirty (30 ) days after receipt of notice
thereof from Grantee , or under circumstances where the violation cannot reasonably be
cured within a 30-day period , fails to begin curing such violation within the 30-day
period , or fails to continue diligently to cure such violation until finally cured , Grantee
may bring an action at law or in equity in a court of competent jurisdiction to enforce the
terms of this Easement, to enjoin the violation , ex parte as necessary, by temporary or
permanent injunction , to recover any damages to which it may be entitled for violation of
the terms of this Easement or injury to any conservation values protected by this
Easement, including damages for the loss of scenic , aesthetic, or environmental values ,
and to require the restoration of the Property to the condition that existed prior to any
such injury. Without limiting Grantor's liability therefor, Grantee , in its sole discretion ,
10
iiiiiiiiiiiiiiiiiiiiiillillillillillillI NO OMISSION
8/ 10/2007
may apply any damages recovered to the cost of undertaking any corrective action on
the Property. If Grantee , in its sole discretion , determines that circumstances require
immediate action to prevent or mitigate significant damage to the conservation values of
the Property, Grantee may pursue its remedies under this paragraph without prior notice
to Grantor or without waiting for the period provided for cure to expire . Grantee's rights
under this paragraph apply equally in the event of either actual or threatened violations
of the terms of this Easement, and Grantor agrees that Grantee's remedies at law for
any violation of the terms of this Easement are inadequate and that Grantee shall be
entitled to the injunctive relief described in this paragraph , both prohibitive and
mandatory, in addition to such other relief to which Grantee may be entitled , including
specific performance of the terms of this Easement, without the necessity of proving
either actual damages or the inadequacy of otherwise available legal remedies .
Grantee's remedies described in this paragraph shall be cumulative and shall be in
addition to all remedies now or hereafter existing at law or in equity .
B . Grantee's Discretion . Enforcement of the terms of this Easement shall be at
the discretion of Grantee , and any forbearance by Grantee to exercise its rights under
this Easement in the event of any breach of any term of this Easement by Grantor shall
not be deemed or construed to be a waiver by Grantee of such term or of any
subsequent breach of the same or any other term of this Easement or of any of
Grantee's rights under this Easement. No delay or omission by Grantee in the exercise
of any right or remedy upon any breach by Grantor shall impair such right or remedy or
be construed as a waiver.
C . Waiver of Certain Defenses . Grantor hereby waives any defense of
estoppel , adverse possession or prescription .
D . Acts Beyond Grantor' s Control . Nothing contained in this Easement shall
be construed to entitle Grantee to bring any action against Grantor for any injury to or
change in the Property resulting from causes beyond Grantor's control , including ,
without limitation , fire , flood , storm , and earth movement, or from any prudent action
taken by Grantor under emergency conditions to prevent, abate , or mitigate significant
injury to the Property resulting from such causes .
E . Hold Harmless . Grantor shall hold harmless , indemnify, and defend Grantee
and its members , directors , officers , employees , agents , and contractors and the heirs ,
personal representatives , successors , and assigns of each of them (collectively
" Indemnified Parties " ) from and against all liabilities , penalties , costs , losses , damages ,
expenses, causes of action , claims , demands , or judgments , including , without
limitation , reasonable attorney fees , arising from or in any way connected with : ( 1 ) injury
to or the death of any person , or physical damage to any property , resulting from any
act, omission , condition , or other matter related to or occurring on or about the Property ,
regardless of cause , unless due solely to the negligence of any of the Indemnified
11
8/ 10/2007
Parties ; (2 ) the obligations specified in paragraph VIII .A. and VIII . B . ; and (3) the
existence or administration of this Easement.
ARTICLE VII . NO PUBLIC ACCESS
The granting of this Easement does not convey to the public the right to enter the
Property for any purpose whatsoever, and Grantee will cooperate with Grantor in the
enforcement of this prohibition . Notwithstanding the foregoing , provided , however,
Grantor will allow bird watching , cultural , and educational outings in the maximum
number of two (2 ) times each year by members of the public under conditions determined
by the Grantor.
ARTICLE VIII . MISCELLANEOUS
A. Costs and Liabilities . Grantor retains all responsibilities and shall bear all
costs and liabilities of any kind related to the ownership , operation , upkeep , and
maintenance of the Property, including the maintenance of adequate comprehensive
general liability coverage . Grantor shall keep the Property free of any liens arising out of
any work performed for, materials furnished to , or obligations incurred by Grantor.
B . Taxes . Grantor shall pay before delinquency all taxes , assessments , fees ,
and charges of whatever description levied on or assessed against the Property by
competent authority (collectively "taxes") and shall furnish Grantee with satisfactory
evidence of payment upon request. Grantee is authorized but in no event obligated to
make or advance any payment of taxes , upon three (3 ) days prior written notice to
Grantor, in accordance with any bill , statement, or estimate procured from the
appropriate authority, without inquiry into the validity of the taxes or the accuracy of the
bill , statement, or estimate , and the obligation created by such payment shall bear
interest until paid by Grantor at the maximum rate allowed by law.
C . Extinguishment. If circumstances arise in the future such as render the
purpose of this Easement impossible to accomplish , this Easement can only be
terminated or extinguished , whether in whole or in part, by judicial proceedings in a
court of competent jurisdiction , and the amount of the proceeds to which Grantee shall
be entitled , after the satisfaction of prior claims , from any sale , exchange , or involuntary
conversion of all or any portion of the Property subsequent to such termination or
extinguishment, shall be determined , unless otherwise provided by Florida law at the
time , in accordance with paragraph VIII . D . Grantee shall use all such proceeds in a
manner consistent with the Conservation Purposes of this grant or the purposes of the
tax exempt general obligation bond proceeds issued by Indian River County as
contemplated by Resolution No . 2005-059 adopted May 17 , 2005 ; Resolution 2004-062
adopted June 22 , 2004 ; and the "2004 Referendum " (as that term is used in the
foregoing resolutions 2004 Indian River County referendum ) , and any other bond or
statutory program under which Grantee obtained the purchase money for this
12
8/ 10/2007
Easement. Grantor believes that any changes in the use of neighboring properties will
increase the benefit to the public of the continuation of this Easement, and Grantor and
Grantee intend that any such changes shall not be deemed to be circumstances
justifying the termination or extinguishment of this Easement . In addition , the inability of
Grantor to conduct or implement any or all of the uses allowed under the terms of this
Easement, or the unprofitability of doing so , shall not impair the validity of this Easement
or be considered grounds for its termination or extinguishment.
D . Proceeds . This Easement constitutes a real property interest immediately
vested in Grantee , which , for the purposes of paragraph VIII . C . , the parties stipulate to
have a fair market value determined by multiplying the fair market value of the Property
unencumbered by the Easement ( minus any increase in value after the date of this
grant attributable to improvements ) by the ratio of the value of the Easement at the time
of this grant to the value of the Property, without deduction for the value of the
Easement, at the time of this grant. For the purposes of this paragraph , the ratio of the
value of the Easement to the value of the Property unencumbered by the Easement
shall remain constant.
E . Condemnation . If the Easement is taken , in whole or in part, by exercise of
the power of eminent domain , Grantee shall be entitled to compensation in accordance
with applicable law.
F . Assignment. This Easement is transferable to the State of Florida , St. Johns
River Water Management District, and Indian River Land Trust without consent of
Grantor. Grantee may assign its rights and obligations under this Easement to any
other governmental entity or nonprofit organization whose purposes include the
conservation of land or water areas or the preservation of sites or properties with
consent of Grantor. As a condition of such transfer, Grantee shall require that the
Conservation Purposes that this grant is intended to advance continue to be carried out.
G . Subsequent Transfers . Grantor agrees to incorporate the terms of this
Easement in any deed or other legal instrument by which Grantor divests any interest in
all or a portion of the Property, including , without limitation , a leasehold interest . Grantor
further agrees to give written notice to Grantee of the transfer of any interest at least
twenty (20) days prior to the date of such transfer. The failure of Grantor to perform any
act required by this paragraph shall not impair the validity or priority of this Easement or
limit its enforceability in anyway.
H . Notices . Any notice , demand , request, consent , approval , or communication
that either party desires or is required to give to the other shall be in writing and either
served personally or sent by first class mail , postage prepaid , addressed to the parties
as set forth above , or to such other addresses such party may establish in writing to the
other.
13
8/ 10/2007
I . Recordation . Grantee shall record this instrument and any amendments in
timely fashion in the official records of Indian River County , Florida , and may re-record
it at any time as may be required to preserve its rights in this Easement.
J . Non -Homestead Certification . Grantor hereby certifies that if a Grantor who
is married signs this Easement without the joinder of his or her spouse , the Property is
neither the homestead of Grantor nor the primary physical residence of Grantor, nor is
the Property contiguous to the homestead or primary physical residence of Grantor.
K. Amendments . The terms and provisions of this Easement may be amended
by the mutual consent of the parties hereto . No amendment shall be effective until
executed with the formality of a deed and recorded in the public records .
L . Controlling Law . The laws of the State of Florida shall govern the
interpretation and performance of this Easement.
M . Liberal Construction . Any general rule of construction to the contrary
notwithstanding , this Easement shall be liberally construed in favor of the grant to effect
the purpose of this Easement and the policy and purpose of §704 . 06 , Florida Statutes . If
any provision in this instrument is found to be ambiguous , an interpretation consistent
with the purpose of this Easement that would render the provision valid shall be favored
over any interpretation that would render it invalid .
N . Severability. If any provision of this Easement, or the application thereof to
any person or circumstance , is found to be invalid , the remainder of the provisions of
this Easement, or the application of such provision to persons or circumstances other
than those as to which it is found to be invalid , as the case may be , shall not be affected
thereby.
O . No Forfeiture . Nothing contained herein will result in a forfeiture or reversion
of Grantor's title in any respect.
P . Joint Obligation . The obligations imposed by this Easement upon Grantor
shall be joint and several .
Q . Successors . The covenants , terms , conditions , and restrictions of this
Easement shall be binding upon , and inure to the benefit of, the parties hereto and their
respective personal representatives , heirs , successors , and assigns and shall continue
as a servitude running in perpetuity with the Property.
R. Termination of Rights and Obligations . A party's rights and obligations
under this Easement terminate upon transfer of the party's interest in the Easement or
Property, except that liability for acts or omissions occurring prior to transfer shall
survive transfer.
14
8/ 10/2007
S . Captions . The captions in this instrument have been inserted solely for
convenience of reference and are not a part of this instrument and shall have no effect
upon construction or interpretation .
T . The background recitals are true and correct in form and material part of this
Conservation Easement .
TO HAVE AND TO HOLD unto Grantee , its successors , and assigns forever.
IN WITNESS WHEREOF Grantor and Grantee have set their hands on the day and
year first above written .
GRANTOR:
Witnesses : TRIPLE S LAND COMPANY
By :
Signature of first witness H . VARLEY GRANTHAM
Printed name of first witness
Signature of second witness
Printed name of second witness
STATE OF FLORIDA
COUNTY OF
I HEREBY CERTIFY that on this day, before me , an officer duly authorized in the
State aforesaid and in the County aforesaid , to take acknowledgments , appeared
who is personally known to me or who has produced a state driver license as
identification , and who did not take an oath and executed the foregoing instrument and
he/she/they acknowledged before me that he/she/they executed the same for the
purposes therein expressed .
WITNESS my hand and official seal in the County and State last aforesaid this
day of , 200_.
15
8/ 10/2007
Signed
Printed
NOTARY PUBLIC
My Commission Expires :
GRANTEE'S ACCEPTANCE
Indian River County, a political subdivision of the State of Florida , hereby approves
the foregoing Conservation Easement and agrees to the terms and provisions thereof.
INDIAN RIVER COUNTY
BOARD OF COUNTY COMMISSIONERS
By:
Gary C . Wheeler, Chairman
Attest: J . K. Barton , Clerk
By:
Deputy Clerk
16
8/10/2007
SCHEDULE OF EXHIBITS
A. Legal Description of Property Subject to Easement
B . Map from Baseline Documentation
17
8/10/2007
EXHIBIT "A"
LEGAL
18
• EXHIBIT "A"
LANDS LYING AND BEING IN SECTION 22 , 27 , AND 34 , TOWNSHIP 32 SOUTH , RANGE 35 EAST OF
INDIAN RIVER COUNTY. FLORIDA AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWSt
COMMENCING FROM THE SOUTHEAST CORNER OF SECTION 22 , TOWNSHIP 32 SOUTH, RANGE 35 EAST ,
THIERCE, RUN NORTH 00 23 ' 02" WEST 82 . 62 FEET TO A POINT ON TRH SOUTH RIGHT OF WAY LINE
OF STATE ROAD 60;
THENCE, RUN NORTH 51 11 ' 04" WEST, 893 . 72 FEET ALONG SAID RIGHT OF WAY LINE TO A POINT
OF CURVATURE OF A CURVE CONCAVE TO THE SOUTHWEST AND RAVING A RADIUS OF 1870 . 38 PEST;
THENCE , THROUGH A CENTRAL ANGLE OF 13 57 . 03" ALONG AN ARC DISTANCE OF 455 . 41 FRET TO
THE POINT OF TANGENCY )
THENCE, NORTH 65 08 . 06" WEST 2 , 243 . 06 FRET ALONG SAID RIGHT OF WAY LINE TO A POINT
OF INTERSECTION WITH THE CENTER LINE OF A 60 FOOT WIDE INGRESS/EGRESS EASRMENT, AND
SAID POINT BEING THE TRUE POINT OF BEGINNING ;
THENCE, AMNO SAID CENTER LINE RUN SOUTH 32 05 ' 21" WEST , 1 , 208 . 11 FEET;
THENCE . SOUTH O1 43 . 40" WEST, 14091 . 19 FEET;
THENCE, SOUTH 01 00 . 40" EAST, 437 . 17 FEET TO A POINT OF CURVATURE OF A CURVE CONCAVE
TO THE SOUTHEAST HAVING A RADIUS OF 480 .09 PERT ;
THENCE, THROUGH A CENTRAL ANGLE OF 14 10 . 28" , WITH A CHORD BEARING OF SOUTH O8 OS '
54" EAST. AN ARC DISTANCE OF 118 . 77 FEET TO A POINT ON A CURVB CONCAVE TO THE SOUTHWEST
HAVING A RADIUS OF 770 . 69 FEET;
THENCE, THROUGH A CENTRAL ANGLE OF 08 51 ' 30" , WITH A CHORD BEARING OF SOUTH 10
45 . 33"EAST, AN ARC DISTANCE OF 119 . 14 FEET)
THENCE, SOUTH O6 19 . 58" EAST, 160 . 04 FEET TO A POINT OF CURVATURE OF A CURVE CONCAVE
TO THE SOUTHWEST HAVING A RADIUS OF 350 . 94 FEET ;
THENCE, THROUGH A CENTRAL ANGLE OF 19 24 . 14 " , WITH A CHORD BEARING OF SOUTH 03 22 '
06" WEST, AN ARC DISTANCE OF 118. 85 FRET/
THENCE, SOUTH 13 04 ' 10" WEST, 581 . 91 FEET ;
THENCE, SOUTH 24 07 ' 55" EAST, 95 . 58 FEET;
THENCE, SOUTH 61 19 ' 59" EAST, 1 , 028 . 91 FEET)
THENCE , SOUTH 33 00 ' 24" EAST, 105 . 63 FEET)
THENCE , SOUTH 04 40 ' 49" EAST, 1056. 19 FEET;
THENCE , SOUTH 16 41 ' 15 " EAST, 451 . 25 FEET)
THENCE, SOUTH 00 2L ' 26" WEST, 10376 . 05 FEET;
THENCE , SOUTH 00 44 . 31" EAST, 5 , 295. 56 FRET TO THE POINT OF TERMINUS OF SAID EASEMENT
AND SAID POINT BEING THE 1/4 CORNER ON THE SOUTH LINE OF SECTION 341
THENCE, SOUTH 89 18 . 13" WEST, 2 , 709 .86 FEET ALONG THE SOUTH LINE OF SECTION 34 TO
THE SOUTHWEST CORNER OF SECTION 34 ;
THENCE, NORTH 00 46 . 09" WEST, 51288 . 32 FRET ALONG THE WEST LINE OF SECTION 34 TO THE
SOUTHWEST CORNER OF SECTION 271
THENCE , NORTH 00 29 . 56" WEST, 5 , 312 . 61 FEET ALONG THE WEST LINE OF SECTION 27 TO THE
SOUTHWEST CORNER OF SECTION 221
THENCE, NORTH 00 40 . 09" WEST, 2 , 764 . 05 FEET ALONG THE WEST LINE OF SECTION 22 TO A
POINT LYING ON THE SOUTH RIGHT OF WAY LINE OF STATE ROAD 60;
THENCE , ALONG SAID RIGHT OF WAY LING SOUTH 74 59 . 04" RAST, 852 . 91 FEET TO A POINT ON
A CURVE CONCAVE TO THE SOUTHEAST RAVING A RADIUS OF 2 , 719 . 14 FEST/
THENCE, ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 09 50 ' 57" , WITH A CHORD BEARING
OF SOUTH 70 03 ' 15 " EAST, AN ARC DISTANCE OF 467 . 42 FEST ;
THENCE , CONTINUE ALONG SAID RIGHT OF WAY LINE SOUTH 65 08 ' 06 " EAST, 1, 179 . 67 FEET TO
THE TRUE POINT OF BEGINNING .
SAID LANDS SUBJECT TO AN EASEMENT OF INGRESS/EGRESS , SBS BASEMENT LEGAL DESCRIPTION .
O
AND I88S AND HECSPTING A PORTION OF LAND FOR A SCHOOL 8ITE BEING YORE PARTICULARLY n
DESCRIBED AS FOLLOWS ;
BEGINNING AT THE NORTHWEST CORNER OF THE SOUTHWEST 1/4) THENCE SOUTHERLY 204 PEET TO N
A POINT; THENCE EASTERLY 300 PEET TO A POINTE THENCE NORTHERLY 249 . 60 FEET TO THE SOUTH cj
RIGHT OF WAY OF STATE ROAD 60 ; THENCE NORTHWESTERLY ALONG SAID RIGHT OF NAY , 311 FEET J
TO A POINT; THENCE SOUTHERLY 107 . 90 FEET MORE OR LESS TO A POINT OF BEGINNING,
CONTAINING 1 . 93 ACRES MORS OR LESS , BEING PART OF THE NORTHWEST 1/4 OF THE SOUTHWEST
1/4 AND A PART OF THE SOUTHWEST 1/4 OF THE NORTHWEST 1/4 OF SECTION 22 , TOWNSHIP 32 O
SOUTH , RANGE 35 EAST. `•H
DOT ACQUISITION AREA
RETURN TO:
THE URBAN GROUP, INC.
66801 LAKE RORRD346
OA 3SUITE
306r�.
01 -GWD . 02 - 06 / 93 LAKE WORTH
This instrument prepWareb
� Parcel No . 102 . 1R
under the direction W . P . I . / Segment No . 2286001
Laurice C . Mayes , EsA9 ( Section No . 88060 - 2529 )
Legaldescription prManaging District : 04 _
Sigi to Daniels ( 5 -21 - 991 S . R . No . 60 N
Department of Transportation County : Indian River N
3400 W . Commercial Boulevard C
Ft . Lauderdale , Florida 33309 NTHERWORDI OR O
JEFFREY K BARTOW 01
CLEW CIROW COURT
WARRANTY DEED mffl NMER CO. RA ON
THIS WARRANTY DEED Made the z Zm, day of AaguT
19"A!Z tf by TRIPLE S CATTLE COMPA*W , a Florida C rporation ,
whose address is : 2685 Hansrob Road . Orlando . Florida F04 - 3317
grantor , to the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION ,
grantee : (wherever used herein the terms " grantor " and " grantee "
include all the parties to this instrument and the heirs , legal o
representatives and assigns of individuals and the successors , and
assigns of organizations ) . s
WITNESSETH : That the grantor , for and in consideration of the e
sum of $ 1 . 00 and other valuable considerations , receipt and
sufficiency being hereby acknowledged , hereby grants , bargains , sells , s
aliens , remises , releases , conveys and confirms unto the grantee , all o
that certain land situate in Indian River County , Florida , viz : N
'Yd
Parcel No . 102 W . P . I . / Segment No . 2286001
( Section No . 88060 - 2529 )
A portion of land lying in Section 22 , Township 32 South , Range 35
East , Indian River County , Florida , more particularly described as
follows :
Commence at a found 4 " x 4 " concrete monument with a disc marking the
` Northwest corner of the Northwest 'A of said Section 22 ; thence
South 00031 ' 43 " East along the West line of the Northwest % of said
Section 22 , a distance of 758 . 638 meters ( 2 , 488 . 96 feet ) to a point on
the Baseline of Survey for State Road 60 as shown on the Florida
Department of Transportation Right of Way Map for Section 88060 - 2529 ;
thence South 74051120 " East along said Baseline of Survey , a distance
of 99 . 082 meters ( 325 . 07 feet ) ; thence South 15005 ' 40 " West along a
line at a right angle to the last described course , a distance of
15 . 240 meters ( 50 . 00 feet ) to a point on the Southwesterly Existing
Right of Way line for said State Road 60 and the POINT OF BEGINNING ;
thence South 74051 ' 20 " East along said Southwesterly Existing Right of
Way line and a line 15 . 240 meters ( 50 . 00 feet ) Southwesterly of and
parallel with said Baseline of Survey , a distance . of 26 . 742 meters
( 87 . 74 feet ) to a point on the South line of the Northwest 'A of said
Section 22 ; thence continue South 74 ° 51 ' 20 " East along said
- Southwesterly Existing Right of Way line and said parallel line , a
distance of 138 . 682 meters ( 454 . 99 feet ) to a point on a curve concave
Southwesterly , having a chord bearing of South 69055 ' 52 " East ; thence
Southeasterly along said parallel line and the arc of said curve ,
having a radius of 828 . 796 meters ( 2 , 719 . 14 feet ) , through a central
angle of 09050 ' 57 " , an arc distance of 142 . 470 meters ( 467 , 42 feet ) to
the end of said curve : thence South 65000 ' 23 " East along said
Southwesterly Existing Right of Way line and said parallel line , a
distance of 359 . 564 meters 11 , 179 . 67 feet ) , thence <,p
South 32013 ' 04 " West , a distance of 10 . 994 meters ( 36 . 07 feet ) to a Cn
point on a curve concave Southwesterly , having a chord bearing of CD
North 69041 ' 15 ' West ; thence continue Northwesterly along the arc of �o
said curve , having a radius of 4 , 841 . 800 meters 515 , 885 . 14 feet ) , N
through a central angle of 07044 ' 30 " , an arc distance of 654 . 211 CA
meters ( 2 , 146 . 36 feet ) to the end of said curve ; thence �L
North 00039 ' 47 . Ilest , a distance 26 . 340 meters ( 86 . 41 feet ) to the J
POINT OF BEGINNING .
AND
1 �
. EGAL DESCRIPTION - DOT ACQUISITION ( continued )
A portion of land in Section 26 , Township 32 South , Range 35 East ,
Indian River County , Florida , more particularly described as follows :
Commerce at a found concrete monument with a screw and washer marking
the Northwest corner of the Northwest 54 of Section 23 , Township 32
South, Range 35 East ; thence South 00017 ' 11 ' East along the West line
of the Northwest 'A of said Section 23 , a distance of 809 . 829 meters
( 2 , 656 . 91 feet ) to a point on the Southwest corner of the Northwest 'A
of said Section 23 ; thence continue South 00017 ' 11 ' East along the
West line of the Southwest 'A of said Section 23 , a distance of 764 . 769
meters ( 2 , 509 - 08 feet ) to a point on the Baseline of Survey for State
Road 60 as shown on the Florida Department of Transportation Right of
Way Map for Section 88060 -2529 ; thence South 51003 ' 20 ^ East along said
Baseline of Survey , a distance of 285 . 830 meters ( 937 . 76 feet ) ; thence
North 38056 ' 40 ' East along a line at a right angle to the last
described course , a distance of 30 . 480 meters ( 100 . 00 feet ) to the
POINT OF BEGINNING ; thence North 00010 ' 26 ' West , a distance of 16 . 323
meters ( 53 . 55 feet ) ; thence North 40007101 ' East , a distance of 81 . 850
meters ( 268 . 54 feet ) ; thence South 49052 ' 59 ' East , a distance of
90 . 119 meters ( 295 . 67 feet ) ; thence South 28054 ' 41 ' West , a distance
of 52 . 605 meters ( 172 . 59 feet ) ; thence South 49052 . 59 ' East , a
distance of 72 . 694 meters ( 238 . 50 feet ) to a point on the Westerly
Existing Right of Way line for Blue Cypress Road ; thence
South 28054 ' 41 ' West along said Westerly Existing Right of Way line , a
distance of 39 .. 976 meters ( 131 . 16 feet ) ; thence North 51003 ' 20 ' West
along a line 30 . 480 meters ( 100 . 00 feet ) Northeasterly of and parallel
with said Baseline of Survey , a distance of 170 . 285 meters
( 558 . 68 feet ) to the POINT OF BEGINNING .
Containing 2 , 752 hectares ( 6 . 801 acres ) , more or less .
TOGETHER with all tenements , hereditaments and appurtenances
thereto belonging or in anywise appertaining .
TO HAVE AND TO HOLD , the same in fee simple forever .
AND the grantor hereby covenants with said grantee that the
grantor is lawfully seized of said land in fee simple ; that the
grantor has good right and lawful authority to sell and convey said
land ; that the 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 .
IN WITNESS WHEREOF , the grantor has caused these presents to be
executed in its name , and its corporate seal to be hereunto affixed ,
by its proper officers thereunto duly authorized , the day and year
first above written .
iJ
9
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9
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8/10/2007
EXHIBIT "B"
MAP FROM BASELINE DOCUMENTATION
19
EXHIBIT "C"
BENEFICIAL DISCLOSURE AFFIDAVIT (corporate)
STATE OF FLORIDA
INDIAN RIVER COUNTY
BEFORE ME , the undersigned authority, personally appeared /V A Cr'�x-n/T!L whose
address is [ i � /L 3 <- d %3 , ("Affiant") who , being by me first worn , on oath , deposes
and says:
1 . Affiant is the President of -' l�. S L � > Cf ,; , a Florida corporation
("Corporation") .
2 . The Corporation 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 President of such Corporation , intends to sell 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:
A/ C�
n
Z—1
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 .
i
FURTHER AFFIANT SAAY' ETH NAUGHT .
Signature : 4
Printed name : �� CJ ✓`u w `�
Date � �
I HEREBY CERTIFY that the for going instrument was subscribed and sworn� and to before me this
day of 2007 , by -V \/ 04<El 1CiTY\
Pr sident of JfY1 n as Floridcorporation , on behalf of same .
He is personally known to " meu or produced the following
identification : r
Notary Public:
Sign
Stamped seal with name , Commission
Number & Expiration Date a =� s A , : Fznzee
:,e;�� N� .ary Pub"c Sta(a of Florida
'; - \��s�;= CoT ^!ssicn N DD 505S42
tk "'%�4;, ;�° Bocded Oy \aNrnal No!ary Assn.
F �!F�THER AFFIANT c v
(sign )
Date printed name :
z
8 / 10 / 2007
EXHIBIT "D "
Standards and Requirements for the Environmental Site Assessment
Components and scope of the environmental audit are as follows :
1 . Search of recorded chain of title documents regarding the Property, including , but
not limited to all deeds , easements , leases for oil , gas , mineral , lumber, timber, turpentine
rights and agricultural purposes, and other uses , restrictions , reverters, and covenants , and
rights-of-way for roads , railroads and utilities . The chain of title shall be of a sufficient
length of time to account for previous ownership and uses of the Property which are likely
to have an adverse environmental impact on the Property but in no event for a period of
less than 50 years . This history shall be summarized in chronological order from the
earliest instrument to the latest instrument listing all parties in the instrument, type of
instrument and official record book and page number for each instrument.
2 . Personal interviews with prior owners , their employees and with neighboring
landowners .
3 . Determination of past and present uses of the Property.
4 . Review of current and historical aerial photographs of the Property and surrounding
area for an evaluation of prior and current use . Copies of the photography shall be
enclosed with the environmental audit when possible .
5 . Review of Soil Conservation Service surveys and United States Geological Survey
periodicals and topographic maps for soil types , ground water characteristics and general
topography.
6 . Determination of existence of federal , state and local environmental clean up liens
against the Property.
7 . Review of reasonably obtainable federal , state and local records of existing and
potentially contaminated sites , including site investigation reports for such contaminated
sites; reasonably obtainable federal , state and local environmental records of activities
likely to have an adverse environmental impact on the Property (including records of
environmental problem sites , landfill and other disposal site records , underground storage
tank records and known hazardous waste handler and generator records) ; and such other
reasonably obtainable federal , state and local environmental records which report incidents
of sources of contamination on the Property.
8 . Determine if prior environmental audits or assessments have been done and if so
what it disclosed .
9 . Ensure that radon , asbestos and lead paint tests are performed by qualified
professionals on all habitable structures that will remain on the Property after the
Purchaser acquires the Property, unless this requirement is waived by the Purchaser.
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9 / 10 / 2007
10 . Property investigation requirements are as follows :
a . A visual site inspection of the Property and all facilities and improvements on the
Property, and a visual inspection of properties immediately adjacent to the Property, to
determine or discover the obviousness of the presence or likely presence of contamination
on the Property (including chemical use , storage treatment and disposal practices , past or
present) . This inspection shall be conducted in such a manner that assures uniform
coverage so that all of the Property is viewed .
b . Any debris , mounds , trash piles , stressed vegetation or similar features or deposits that
may indicate old dump sites shall be inspected . Other areas that demand careful
examination are sinkholes , ravines , rights-of-way, edges of fields and water courses .
c. Any areas or items of concern shall be marked on aerial photographs and/or maps ,
numbered and described in the environmental audit. The degree of concern regarding
hazardous materials at these locations should be addressed .
d . Field analysis of soil and/or groundwater samples where there appears to be a presence
of potentially hazardous materials should be performed . This shall include hand augered
samples and organic vapor analysis of any suspicious areas that would warrant this testing .
11 . The environmental audit report shall contain a discussion and evaluation of the
relevance of all the components listed above along with definite conclusions and specific
recommendations and include the following :
a . A discussion of the past and present uses of the Property.
b . Color photographs of the current site conditions oriented to specific locations on the site .
All trash sites on the Property or impacting the Property shall be photographed .
C. A discussion of all findings and specific conclusions regarding the site
contamination probability.
d . Recommendations for further action based upon the results of the inspection and
estimated costs if further assessment is deemed necessary .
12 . The environmental audit shall be approved and certified by a professional engineer
or geologist licensed by the State of Florida .
13 . The environmental audit must be certified to the Purchaser. The certification shall
state the following : (a) the date the original environmental audit was completed and the
date of the update to the environmental audit, if an update is required or necessary; (b) the
environmental audit meets the requirements of the Purchaser; (c) the accuracy,
correctness and completeness of the environmental audit is provided with the knowledge of
the Comprehensive Environmental Response Compensation And Liability Act as set forth
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in 42 U . S . C. Section 9601 et seq . , as amended ("CERCLA" ) ; and (d ) the Purchaser is
entitled to rely on the information set forth in the environmental audit.
14 . A certified copy of the environmental audit shall be delivered to the Purchaser.
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EXHIBIT " E"
Survey Procedures
The survey must be certified as meeting these procedures and minimum technical standards for land
surveying (Chapter 61 GI7-6 , Florida Administrative Code ) .
1 . The legal description in the current owner's deed must be reviewed by the surveyor. If FCT/Grant
Recipient [i . e . Purchaser] is purchasing all of the property described in the current owner's deed , the legal
description on the survey must match the legal description in the current owner's deed , or, an affidavit
must be provided by the surveyor stating that the property surveyed is identical to the legal description in
the deed . If FCT/Grant Recipient [i . e . Purchaser] is purchasing a portion of the property described in the
current owner's deed the legal description on the survey must match in form and as much as possible in
content the legal description in the current owner's deed . All recorded documents supplied to the
surveyor or secured by the surveyor must be shown on the survey drawing .
2 . FCT/Grant Recipient [i . e . Purchaser] will not acquire title to roads that are owned by the county , the
state or the federal government by virtue of a conveyance , order of taking in an eminent domain action ,
or maintenance pursuant to Section 95 . 361 , Florida Statutes . Appropriate county, state , or federal
personnel must be contacted for written documentation regarding maintenance . The written
documentation must be submitted in accordance with paragraph 13 of this document. Some examples
of language to remove the road right-of-way from the legal description are as follows :
a . Less and except that portion maintained as a county road right-of-way.
b . Less that portion of the West 35 feet of Section 10 , Township 56 South , Range 39 East , Dade
County, Florida maintained as a county road right-of-way.
The surveyor must show the limits of maintenance as a boundary line with enough geometry so that the
area of the acquisition parcel can be computed .
3 . The location of water boundaries must be depicted on the final survey with bearing and distances so
that a closed traverse can be computed . The area(s) below the water boundary must not be included
within the final acreage tabulation . The methodology used for establishing the water boundary must be
indicated in a note on the final survey drawing . Surveys that require the mean high water line to be
located must be prepared in accordance with the Florida Coastal Mapping Act of 1974 , Chapter 177 , Part
11 , Florida Statutes and Chapter 18-5 , Florida Administrative Code .
4 . The accuracy of survey measurements must be substantiated by the computation of a closed
traverse ; the relative error of closure permissible must be no greater than 1 : 10 , 000 .
5 . All land corners controlling the description of each ownership , if not found , must be set ( including
block corners ) . Any public land Survey corner, original or purported , used in this survey must be verified
or re-established in accordance with the Manual of Surveying Instructions , 1973 (Manual ), prepared by
the U . S . Department of Interior.
FCT Survey Procedures
rev. 11 /04 1
9 / 10 / 2007
6 . The surveyor must locate all above-ground fixed improvements and any evidence of underground
fixed improvements within the acquisition parcel .
7 . Acreage must be determined for each category of land used to determine final purchase price , if
required . Examples of land categories are jurisdictional wetlands , submerged lands if owned by a private
owner and uplands . A closed traverse must be shown on the survey drawing with acreage categories
delineated in order to verify each of the areas . Each individual area of each category of land must have
the acreage written within its boundaries on the survey drawing . The number of decimal places used
should reflect the level of precision for the work performed .
8 . Easements and rights-of-way, both of record and/or revealed by a field inspection of the acquisition
parcel , must be shown on the drawing and identified by the official record book and page (if recorded )
and by type of easement .
If an easement or right-of-way for ingress and egress connects the acquisition parcel to a public
right-of-way, it must be protracted and identified by the recorded document's book and page on the
survey drawing . If an access easement or right-of-way does not exist, it must be noted on the survey
drawing that there are no documents in the public records that provide ingress to and egress from the
acquisition parcel to a public right-of-way based upon research of the records by the title company
providing the title insurance .
9 . Prior to closing the surveyor must review the title insurance commitment for the acquisition parcel .
The survey legal description must match the legal description in the title insurance commitment. If the
legal descriptions do not match , the surveyor must execute an affidavit stating thatthe property conveyed
is the same property described in the commitment. Any referenced encumbrance , except liens , listed in
Schedule B , section II , of the title insurance commitment must be shown with the location , dimensions ,
area , and character, and be identified by the book and page of the recorded document on the survey
drawing .
10 . In areas where the Department of Environmental Protection 's Coastal Construction Control Line
(Chapter 161 , Florida Statutes) has been established , the survey must tie into existing Control Line
monuments . The Control Line and acreage landward of the Control Line must be noted on the survey
drawing . Care should be taken to assure the latest Control Line information is used (Contact Department
of Environmental Protection , Division of Beaches and Shores , 850/487-4475 ). A contact person
may be located on DEP 's website at www. dep . state .fl . us/beaches/.
11 . The survey must be certified to Florida Communities Trust, unless waived . The date of certification
must be within 90 days before closing , unless waived by Purchaser , FCT , and by the title insurer for
purposes of deleting the standard exceptions for survey matters and easements or claims of easements
not shown in the public records of the title policy. The date in the certification must be revised if the
survey is updated or recertified .
12 . Drawing must be of appropriate size and must include the legal description of the property. For areas
too large for maximum sheet size , multiple sheets with appropriate match lines must be used .
13 . The following work products must be submitted to Purchaser;
FCT Survey Procedures
rev. 11/04 . 2
3 / 10 / zoo ? with
A. Two paper copies of the signed and sealed final certified survey;
B Geographic ndunitsspecif ed , on CID .System
shapefile should contain lthele Abo boundary oft a rcView or acquired parrcel (s)
datum , a
and include in the attribute table the name of the parcel , name of the Florida Communities Trust project
[if known] , closing date(s) , and deed acres .
C . Any correspondence with the state , county , or municipality regarding maintained roads .
FCT Survey Procedures 3
rev. 11/04