HomeMy WebLinkAbout2007-320B L I
500 7 - �
LAAC Project: Padgett Creek, L . L. C .
OPTION AGREEMENT FOR SALE AND PURCHASE OF CONSERVATION EASEMENT
THIS OPTION AGREEMENT FOR SALEM D PURCH E OF CONSERVATION
EASEMENT ("Agreement") is made this �t J� day of 2007 , by and
between PADGETT CREEK, . LL . C . , whose address is c/o RQ Smith , 4776 Old Dixie
Highway, Vero Beach , Florida 32967 ("Seller'), and INDIAN RIVER COUNTY, a political
subdivision of the State of Florida , whose address is 1801 27th Street, Vero Beach ,
Florida 32960 ( "Purchaser" or "County") .
1 . 1 GRANT OF OPTION . Seller hereby grants to Purchaser the exclusive option to
purchase a conservation easement over the 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)
receipt of evidence satisfactory to Purchaser in recordable form that the right of access to
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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, Seller shall
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 for the Conservation Easement is Five Million
Nine Hundred Ninety Nine Thousand and no/ 100 Dollars ($5 ,999 , 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
857 acres . 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 857 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 of the 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 " 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
2
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. Seller shall 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 procedures set forth in 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. Upon receipt of the Survey, Seller shall promptly provide Purchaser with a
copy of the Survey. Purchaser shall reimburse Seller for the cost of the Survey at closing .
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 .
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
3
(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' leans .
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 therefor; 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 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
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documents in the public records which would affect title to the Property, without the 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 . Purchaserwill
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 delivery or 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 .
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
5
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: Ray Smith , 4776 Old Dixie Highway, Vero Beach , Florida 32967
Facsimile # (772)567-8428
If to County: 1801 27`h 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
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 .
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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.
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 PURCHASER.
SELLER : PADGETT CREEK, L. L. C.
By: , 4 Lt
Witness as to Seller Elson R . Smith , Jr.
Title : Managing Member
fitness aslo Seller U Seller
PURCHAStR:
INDIAN RI,V11R COUNT
BOARDOFCOUNTY ISSIONER
qSandr- Bowde; t, kk csd Chairman i
Signed under authority of Resolution
96- 15, adopted January 23, 1996
Approved :
Attest: J . K. Barton , Clerk
seph A. Baird Deputy Clerk
ounty Administrator
Date signed b Purchaser
Approved as to Form and Legal
S icierY.
g� '
iV Marian E . F ,
Assistant County Attorney
8
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
Indian River County
Legal Description
Being those lands situate in Sections 22, 26, 27 and 34, Township 32 South, Range 35 East,
Indian River County, Florida, lying South and West of State Route 60, as it is presently
located, said lands being more particularly described in instruments recorded in O. R. Book
892, at Page 2706; O . R . Book 1261 , at Page 1585 ; O. R. Book 1261 , at Page 1591 ; and in
O.R. Box 1521 , at Page 1067, copies of which are incorporated herein by reference.
LESS AND EXCEPT from the foregoing those lands as conveyed to the State of Florida
Department of Transportation by instruments recorded in O. R . Book 1350, at Page 2577;
O. R . Book 1432 , at Page 1995 ; and in O. R. Book 1521 , at Page 1056 .
f
RECON!) VERY IE/i'`� Q1
JEFF.R EI' K_ OARTANl CO
Cl6lKCIRCUIT C>C'c( T Ln
A,vl ID Numpec 22 -32 - 35-00000 -5000-00002 . 0 INDIAN MVEn U M . PEA to
(muter II 'I1N: .j
UD
(Sparc Above ibis Linc For Re<otding Dau) - lD
Warranty Deed
This Indenture, Madclhis 10thdayof April , 1991A.D. , % Between
FRANK MANNARINO , joined by hie wife , ELIZABETH MAHNARIM0 ,
onbe Camsyof Indian River Stator Florida , grantor, and
TRIPLE S CATTLE COMPANY , a corporation existing under the laws of nD '
the state of Florida
wbdoe .aaresa le 1925 Lakeside Drive , Orlando , Florida 32803
cn
of the County of Orange I suteor Florida/. , grantee, n
r S
Witnesseth pmt meafa)N1nR, for add so cwumetdoo orthe roma - - r%- `= - - - - -
- - - - - - - - - TEN & NO/ 100 ( $ 10 . 00 ) //( - - - - - - - - DOl1ARs, w .
and Giber good add valuable mmidemANIG
tion to ORR In tans paid by ORAM41 the aaeipt vhermfis hc.Wy arluw.IWgm, hss O
gradleq Oaryplved sad wld to the said GRANIP.R add GRAMME'S av�9ad aarrldd forever, the 101owirg dumbed lama
viru.te, lyixg.oa being ire tb< mddryor Indian River ""f�enf Florida to ir:
SEE EXHIBIT "A" ATTACHED HERETO AND Mj -'E A PART HEREOF
1,
Subject to current taxes , easement ., `eeervations and
restrictions Of record , if any, w#it#i are specifically not
reimposed hereby . {(
80CUMENTARY STAMPS !
!.< /
JEFFREY K. BARTON, CLERK `f
INMAN RIVER COUNTY
andflu: nnlordouhemby Ntly wa,Iaat rhe �Ie soma aid defend me tame agaimt iawlvl thyme o( aa pemovd wbmmoemr.
In Witness Whereof, me g2ior had mmunto set thcIr hand add real the day eau year ora shoe writtcd.
Sigs ed, sealed1and delivered In aur pre mire:
� H_ANNAyyRINO
LL Z l (Sul)
ELIZABETH MANNARINO
�)
(seal)
G �
1
STATE OF FI:(&IDA
COUNTY r., MARTIN
I HEFfEEY�C�iGTEFY that do lhu day, Refom me, so offvcr dory gvalifm to rate rtvowlm mcdta, O
gr pclwoally appeacd
FRANK �ATrfi11RIN0 and ELIZAEETH MANNARINO , husband and wife . p
CD
to my 6f l-ibc lbe pertwe dewribm in add who eruvlm she foregoing iMrvmcat add they acrmowlmged Won= me thus obey crautea �
ibe same. t`)
W17 'SS my Rodd and ornew real M me county add sum las aromaaia IRI. til . l99 L
Assent Prepa,cd Use
f CI'RA� FA IIOrARY PUBUC SEAM OF "MDA Jo C
JAtARIIB foo, Ms. FPDHSN HIGHWAY MLCd."m �. Fjpi= 7/zgf9'l � G
a SWARr PL 319M -
�l� Sp t - FLUIJ A
1 'f C / 25, 1954
1T 1 91�b1d
�UVIL JUS. MD.
EXHIBIT "A" r;•
7d4ND5 LYING AND BEINC IN SECTION 22 , 27 , AND 34 , TOWNSHIP 32 SOUTH , RANGE 35 EAST OF - �
INDIAN RIVER COUNT, FLORIDA AND BEING MORE PARTICULARLY DBSCRIBSD AS FOLLOWSs
CONENCING PAOH THE SOUTHEAST CORNER OP SECTION 22 , TOWNSHIP 32 SOUTH , RANGE 35 &I:jST(
THENCE , RON NORTH 00 23 . 02 " WEST 82 . 62 FEET TO A POINT ON TRE SOUTH RIGHT OF WAS LyNE
OF STATE ROAD 60; . //
THENCE , RUN NORTH 51 11 . 04" WEST, 093 . 72 FEET ALONG SAID RIGHT OF WAY LINE TCS..+A POINT
OF CURVATURE OF A CURVE CONCAVE TO THE SOUTHWEST AND HAVING A RADIUS OF 187!1'. 3; PRET;
�i
THENCE , THROUGH A CENTRAL ANGLE OF 13 57 ' 03 " ALONG AN
TE POINT OF TANGENCY ; ARC DISTANCE OF 45ff. ca `MET TO
�
THENCE , NORTH 65 OB ' 06 " WEST 2 , 243 . 06 FEET ALONG SAID RIGHT OF WAY Lf NE TO A POINT
OF INTERSECTION WITH THE CENTER LINE OF A 60 FOOT WIDE INGRESS/EGRETS EASEMENT, AND
SAID POINT BEING THE TRUE POINT OF BEGINNING ;
11 ' -
THENCE , ALONG SAID CENTER LINE RUN SOUTH 32 05 ' 21 " WEST , 1 , 208 . 11 ii�SET1
THENCE , 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 460 . 09 FEET;
THENCE, THROUGH A CENTRAL ANGLE OF 14 10 ' 28 " , WITH A CHORD BEARING OF SOUTH 08 05 -
54- EAST, AN ARC DISTANCE OF 118 . 77 FEET TO A POINT ON A CURVE CONCAVE TO THE SOUTHWEST
HAVING A RADIUS OF 770 . 69 PERT;
THENCE, THROUGH A CENTRAL ANGLE OF 08 51 ' 30 " , WITH A CHORD BEARING OF SOUTH 10
45 ' 33 -HAST, AN ARC DISTANCE OF 119 . 14 FEST) /�^j
TENCS, SOUTH 06 19 . 58" EAST, 160. 04 FEET TOA POImv` ZO CURVATURE OF A CURVE CONCAVE
TO THE SOUTHWEST HAVING A RADIUS OF 350 . 94 FEET; G'
THENCE , THROUGH A CENTRAL MOLE OF 19 24 ' 14 " 0 H Tj A CHORD BEARING OF SOUTH 03 22 '
06 " WEST, AN ARC DISTANCE OF 118 . 85 FEET; �yJ
THENCE , SOUTH 13 04 . 10" WEST, 581 . 91 FEET ;
THENCE, SOUTH 24 07 ' 55 " EAST, 95 . 58 FEET; jf' X/
TENCS, SOUTH 61 19 . 59 " EAST, 1 , 028 . 91 FF.NsT;!
THENCE, SOUTH 33 00 . 24 " HAST, 105 . 63 FEET/
THENCE, SOUTH 04 40 ' 49 " EAST, 1056 . 1'X] T ;
THENCE , SOUTH 16 41 . 15" EAST, 451 . 21;B T;
THENCE , SOUTH 00 21 ' 26" EST, 1 , 3, . 05 PEST;
THENCE , SOUTH OO 44 . 31" EAST, 5�19S . 56 PERT TO THE POINT OF TERMINUS OF SAID EASEMENT
AND SAID POINT BHINC TNS 1/4 CO�NP, ON TE SOUTH LIE OF SECTION 34;
THENCE , SOUTH 89 18 . 13" WESTjJ 2, 709 . 86 PEET ALONG THE SOUTH LINE OF SECTION 34 TO
THE SOUTHWEST CORNER OF SECTI 'A 341
TENCH , NORTH 00 46 ' 09 " E6'/
l, 5 , 288 . 32 FEET ALONG THE EST LIE OF SECTION 34 TO THE
SOUTHWEST CORER OF SECTION 27 ;
THENCE , NORTH 00 29 . 56" EST, 5, 312 . 61 FEET ALONG THE WEST LIE OF SECTION 27 TO THE
SOUTHWEST CORER OF SECTION 221
THENCE, NORTH 00 40 • 09" EST, 2 , 764 . 05 PEET ALONG TE WEST LIE OF SECTION 22 TO A
POINT LYING ON THE SOUTH RIGHT OF WAY LIE OF STATE ROAD 60;
TENCS, ALONG SAIF++��`HIGHT OF WAY LIE SOUTH 74 59 . 04 " EAST, 652 . 91 FEET TO A POINT ON
A CURVE CONCAVE SOUTHEAST HAVING A RADIUS OF 2 , 719 . 14 FEET1
THENCE, ALONG 11pID CURVE THROUGH A CENTRAL ANGLE OF 09 50 . 57 " , WITH A CHORD BEARING
OF SOUTH 70 O/ 15" RAST, AN ABC DISTANCE OF 467 . 42 FEET;
THENCE, CONTIhaS ALONG SAID RIGHT OF WAY LIE SOUTH 65 OB ' 06" EAST, 1 , 179 . 67 FRET TO
THE TRE ((PO-T-11T OF BEGINNING .
SAID LRNS�B.7ECT TO AN EASEMENT OF INGRESS/EGRESS . SEE EASEMENT LEGAL DESCRIPTION, o
ANDLES
AND IND EXCEPTING A PORTION OF LAND FOR A SCHOOL SITE BEING MORE PARTICULARLY C�
OESCA Ap_J AS FOLLOWS ; cz)
BEM��jj��ING AT THE NORTHWEST CORER OF THE SOUTHWEST 1/4 ; THENCE SOUTHERLY 204 FEET TO N
A L ,IE,1T ; THENCE EASTERLY 300 FEET TO A POINT ; THENCE NORTHERLY 249 . 60 FEET TO TE SOUTH
RIVHT/OF WAY OF STATE ROAD 601 THENCE NORTHWESTERLY ALONG SAID RIGHT OF HAY , 311 FEET c�
POINTY
&HTATAININO1 . 93EAMES MORE OR LES5, 9 EI 6E PART OF THE NORTHWEST 1%4 OF THEINT OF SOUTHWEST `1
,//1/4 AND A PART OF THE SOUTHWEST 1/4 OF THE NORTHWEST 1/4 OF SECTION 22 , TOWNSHIP 32 CD
SOUTH, RANGE 35 EAST. J
a
tj
✓/
61/
f,(',
`�} b D(X'IIMEMIARY STAMPS
rlPryVai d Ity and return lot: DEEDS I (
. i i •til
iE 1 Iran 1 . Dwuskin. tit), NOTE I ' co
.Akerinen, Senterfill A I idsun, Y.A .
M Si. Orange Avenue IfFFRFY K nVrmfV rl r Pit r.n
INDIAN RIVLN CPIrNIV ,C
Orlando, flnrida :421101 d
Panel idenllHralinn Number: 512(IIIO, $ 1210U, bIG9iU' IN nit Fit eons or
61!.970, 640910 and 7703711 in Indian River C:ntmty; and gr Filer k 114400N
I'arcel Number 1 (1114.500 in Okret furbrc Crunb . Cut ya r RCwl eon's
W p1AH nIVGH
ILA
C:ratum's federal ID Number: b.1-089.51511
s�
IHE PROPERIY DESCRIBED IN THIS DIED IS IOCAIED IN INDIAN RIVER AND
OKEECHOBEE COUNTIES. THUS, THIS DEED IS BEING RECORDED SFMULIANIOUSLY
IN INDIAN RIVER AND OKEECHOBEE COUNTIES. DOCUMENIARV STAMP TAX IS ca
BEING PAID ONIV IN INDIAN RIVER COUNTY ON THE TOIAL PURCHASE PRICE IOR v
IHE PROPERLY DESCRIBED HEREIN, R
r
m
SPIMM.WARRANIY-P. EED
THIS SPECIAI WARRANTY DEED difliA Marrb 4, VN19 by TRIPLI S, CAME
COMPANY, a Horit]a ctrrporalion, having an addrt'ss at !6115 I i,rlNrull Rua+ l, 011.110u,
1 Inritht 121114, hcrerntiflr•r u .Jleil 11141 GLOli7r, In PADGETT CREEK, I IC, a I lorida limited
liability company, having ott addrest, al 4776 Oki Dish I liglnv.iy, Vvru Boat 11, f I 129L7,
I r•rcnmftrr X '1111 i Ulr • Ct.aubv
WIT NUSSEIEI: I nue Ifo• ( rr.mlur, fur and nr t rmithn,dtnn ill lb,- Num ill I rn Unl lar,
141110011 and nflmr v,duahle rimideraliml , r1'rellR and Nuffalanly whcuvrf 'lw ben4/y
Al, knrnvledgcKl, Ilewhy gum I[%, INuf;ams, tells, iIti-m, rCnnst-S, nlle,imt%, I imveyN mid t m1flrlif"
101111) thii (-iranMn, all Thal rrrLlin rc,d property gIhmly rn Indian Riv4K ( rimy and ( U%ist httlifoo
(•nunly, Ilrmdn, min• parht nlarly drsrrihcd a+.;
SEE EXHIRII RA" A] TACHED HERETO,
(V
fill, Pmp.•ny t•. IN•mv, uaiavl'yt'd lu 11w ( aatn rr• "AS IS, WHERE IS", a•nh all I.Iphs .31111 at
wilhratlt wart.lnly fit ny jffaelllal in 1% tel any kmd whawit-ti •r Iroln fill' t .ourlrrr J+ If ) 1119•
r nndiunn of Ihi• 1'n,pt•ny . a'i
5h1RILC1 If) 11111"1 . Irr.dlrn sl 'I frail lips I: lihibil " M• .filar blvd hviqu t' Pr rninb•d c1"
04
! ill 111111u. 11141." I r✓I
TOCCTHER with all tl/e lenenlenls. Ix4jINIiLllpi'11I9 and algnlrun a rt IhrN<•tu
Iwitxlging nr ill nrlywists apiwitailling.
TO HAVE AND TO HOED, the smite in fee simple Itxewl .
AND the (drosm /l IkY1'tly imt-11,1111. 11'1lll lilts ( II:Rll1`1. 111.11 IINI gLUllfR Is l.lwllllly x4111YI
ul duffs rtsJ WWx'Ny in ftN• simple; that the (;taolur Ki. gtxwI right .0]d 1.1" l :nithuuly In .vll
AIM rocivey ltex will IHtnunty, and hlw'hy W,I1lams 1111r fit Its In If N• nvl JxojXKly and will rh'Ilvl I
the come against 11w lawhd 11,11111% Ill al I Il,ulier, rlannlog bv, Ihrtwgh, oI andel lilts gralllnr.
IN WITNESS WHEREOF, ifw ( ir,Nmu INIs catx-11114It I It% I)4xtil ,is lit the Iitle Iu.t Ilxwr
aR 1ntlll.
WITNESSES: TRIPLE SMILE COMPANY, a I It Rxla I I RI WIr,1111 RI
PAIl Nytx' '�0` th� L ._ 1?L4L 7 ' ti V4 rh y C"aamham - �- -
ss� As' Vremdem
L
tL�
- �( t
1 1NN.xIx� ( At t '+L ; ¢7 ( '( PI
STATE OF FLORIDA
COUNTY OF
The frRnl uing imi(tirrN•nt wa. .x knlnvhlimirl and ulhstrilxxl Ixllorr nu. by I1. VARI l Y
I,kANfif IAM, as Pn•sldant of ipiFrS Citi l COM NY, a 17.xida cllryxxaliful, nn h1•hall
of said certxxannn, 1m Ibls ( J y r ,(ryO4p
II 1 • nl n,_ U t I���J! �Ld, of 1 finn1.r '
I um rNr Air .1/.11411, in�xm.w n.r•1 n.nm rA >b x.xv Tubb , 1'�'L.ep.J ly Lrn.r. n
t711K Pu . Grp sl ld1aanu A.un (�
IV?, did L1iloo, .,lora Ih..l,n ..it Ql
/1, > •, IYdxI. OD
LEGAL DYSCRIPTION
II`awc I LIC ' I
PARCEL • 1:
Fr m nhe Southor+w rororr of Secum 22, T, Oil 11 Soar Range 33 EmK este Naim
Ir`A MY 04' West, 2,764Ad (w to a pars oa Jr !tit► right-4-wr Qac at Star Rood Na
aQ Thcaca, along raid riy�uuot-w.q tine South 740 !q 6i Rr1 �91 f4a to a point on ■
culva concave to ttr Soutiveass havial a mditta of 29711.14 foot t]ta�oe. 0 grid curve
through a «auntat�a o F091° ST 5r wiO a dwd pt34uth 70u i)7 1 g� m an
ate drurKs of 467.43E Tbeooy no0titwe siwyLOWW r .-wap hall Smith ow 06' 06'
320 OV 21"Em. 6Weri .M11 test: puma:. =0lb AY 10P WOK 1.091 'Illence.
South 010 W 40" Fin. 417.17 cess to a pdm oo a cum tp esvir t6 the Southtaar with it
tadius of 480.09 fest 'Theme, through a central endo of 140 10' 2r with a chord hearing of
South 090 0S' Sr Eaton is arc distance of 1157E eat too poiot oa a curve concave to the
Southwest wtih o ndlaa drM 69 fen: Tfnettoa, rh7w* a ooamd aof b80 314 30" with a
ch9rd bearing of South 1 _ rc 45' 3r Eon on as aasataow of 11%14 Mer ItUnaq South
06 19' 38' East 160.04 feet to a paitK on a curve c% T"
Us the Southwest With a rus of
atae,
33$.94 feet Thethrough a eestrol ap of 1W ' 14' wla ith eftord bearing d South
03 22' 06" West as am dbtaogt of 111�faet 2,4
Thommat, 3twth 150 W' 10F Wert, 591.91
feet Thenocc South 24 0T 530 Easy 95.Sa tam T7raee, South 610 19' 59' Eon, 1.028.91
feet; Thence, South 33" 00` 24• East, IM63 teal, Thama, South 040 4W 49' Flay 1,036. 19
fcer Ther=, South 160 41' Ir East, 451.25 fees Tbauup South 000 21` 2e Wear W76.05
icer Thcact, North g90 09' Or 2,112 3a Tream Nov 000 42' 26' West.
21650133 feet Thence, South a90 P1�3.6 r Wag, .2,660.72 Met ThemaI Nath 001° 30' 04'
west' "op1619.69 feet Thence, Nam BI ' 4r 13' Eur. 2,04 Mss; Tliaoa, Nam 000 23'
02" West, 82.62 fleet to the above mid SBarl rft64 of-Way lige of Star Road o. 6Q Thence,
+long said rithicf-wap Wte Nath S1 11' 66i4'' Wwt, OL73 feet to a point on a turn
concave q the NOrOme" Wo is radius Of 1 Tbana, tlsrolsgh a antral at>sle of _
i 30 57 03 with a chord loaf No �8° si' 11' War an art tl3stsnte of 455.41 lett
nocam continue along saidright-of-or" Bae North 650 Or 116• West 2,243.06 fen to the
Point of Beginning_
PARCEL N V
the Northeast oncgttacter of Seethe 77, Township 32 South, RAW 33 East ,
PARCEL 0 31 N
'I lou No Irl ❑vv pit nue -rprlr t e - a tie ' I I ' m / p , 11IVJ1 ILIjI t : 'murb , knnge ) '', 1,_nll Irn ..
Ihv rt2lol -nl -vaY oil Moil " Et.nd ell . ml Ic .. . Ijnint7 k.I:.J right -. J -vat' m, l Ir . . l6r
footivU,y : 71u1t I'lott 19141 If rho r oil +'. 4tI + Tnrn -
nht 1 . Smit N . kwlv'o. 111' ., + t , Ioil ., 911)1 , + tv l _+ ,.1 lit" rlgln -•. I - +.. , I -. • r lrrrtr i.n
Nlul.d fill m
Itis ., I Ills nbr, er .Ir..r I llv 11 µI ll. Ii Il iul[ n •I,I wLid 1n 1ad l :v I! IvI- r nl 1 , ll ., 1 td ., .
EXHI BI7 "A"
LEGAL DESCWrT(ON
( Palle 2 of I)
PARCEL A4
33te East U? of Section li. Township 32 South. Rmt6e 35 Cart. Indies River County. Florida.
FARCF,L NS
All of Section 3, Township 33 South. Range 31 ro. Okeechobee County, Florida.
N
CJ3
00
m
EXHIBIT "8"
PEWIETED ENCUMBRANCES
f R1•srrvp6ur110 ( ilotolufaled foomit'l fluid t 0., "K ( 4l?os(u Ill ( tilisnill .oM N.m .31
Motel, (o., it( tilt%• tit .Ill ltkimilell ulle•ha( ( WI irmotect tit .tut to all oil. V I% and
orintfal> th.tt nMy No ofHnt, nndor UI in Thr Lnkls .k•+trtik'd in nrnt t 44 Sthl•dulr
A and in .dl ininvial Isnc•s, n•rrlals IK ofIrAtills deak,4 (I therefrom, ltiretller wilh Ih.l
right of Ingress 'Ind egress for purlwrses n( etpinafuto Jill I tlevrhynnent. %cllh stn II
olher rights as Indy Iw• lot iikrnt to Skit It fulllwrse mol n%sensaIots as %I of If"Ill u 1 i )in% I
Bozik S 1 , Page I It), n( IN% pubif( otcords cd OUICHOHIII County , I louda .Ind In
Decvl Bork ib, fare 4411), or 111e publu narords o Indfdn Rivof ( 'ounly. I lnnda.
2. U."'"loot (trowinni in I4>.11 lutlgnwml fmodrvl in f 3ffinal Rotunds Bork 27 1 . R1gr
184, of iheKublic Remalsof Itullan River{bnnly, Hntid.l,
3, 1.ts(lloof IoStaled Eituldii nk:o(kd in Official ReronIs (look 5041 PagO I1 S0, id
fill* Public Records 0f Indlan River Colney, Iloritfa,
4. Re6eivaliols to ( ) vner of SOrvitkll Iter, Aloe, provided by ortkn of Faking fn Case
082440, On uit Ccnul of Ilk 111111Iudlcidl Citcuil in aril for Julian River (;aunty.
I'lorkii %uul nsgrckil in U.R . gook (014, Page 097, as (n Indian River Cotnly.
5- Rrstrk�Bve nrv0rmnl against wuc+turtrdhle inyr.litnxnl of rnrluril flow of walet
through natural water holies mud dikhl.'+ existing of July 27, 14IH 1 lilt I(wf111g like
eff(srl of .xld{tiortil drainage, inllwrstnl by drvwl (111A tot rel ord DI Q.R. Bark 6: 7,
1'4190 1142, is to Indian River Cbunly.
6. loleresl Also rreateil In lin! (Ill. R•I% ,will 111i"Milo, And (CA•lv1Yl by ( ] 01%ollddlell Naval
Stores CornIhIlly .kid avfnrhel Til KIJI ficklk il , Page 117 .11141 m-nnlwnid fay
Consolldalell- Innwlk.. t.,n111 Cil. and nr-orllivl in I ).R. Hook 174, K,1g(' I5t), as In
O ketwWrive county.
7. Covenants umtalu•(1 11 Warranty Devil n+codlxl I1 Offft 1.11 Recalls Huts 241 .
Page i (116, at lint Kuhl it Rte fulls ill Ukclxlol wvt County, I Innda. _
fV
D. Rq>dnan and I111nrnl nghrs ,ne urn warranted. CI
9- All thar9es for undoes (urrilstlml Jay a lobo( ipality wilt It may Ike or fully Iw•tnnm
a hill oil Aiilne(I prolw!dy ill at ord,t nt l - wills 4(4 limn 159, 17, Flit II la Sl. It Cil
J( IrMoog otos Thw dale hereof.
4D
ID. County and/a nuiniOwl iromminntr4H Ikirs which are not rec carded In the Official
Reword &xduc of kdian River and Okeechobve Couples, Florida, 4ccndng after the
time IwlwN.
] I . That certain Dood nodi 04menrixv 3Q t926, by Ctmniki>ted I.And Conlimny ,mul
Florida Industnai Company to Ito Board of Hand Tank" of AtiinlMoGtdf S{xrlal
Road .rwi Bridge Dlsukla as set forth in D,cd Bttok 14, Page f 1 , PuWk Records of
Wim River County, Ficxkta.
U. Reservatkxn to the Stye d Florkla by Deed No. 246, dated lanuary 16, 1942, and
recorded in peel Bank 35, Page 239, Public Reomb, of Indian River County,
Florida, as "laws;
Reserving unto Or State of Flodda Laminimil for Stare Rcwl Right-of-Way hvo
Iurulnd 120111 fret wide. lydng cquAy on each " of the crnk+dkne of any stab•
iced existing ors the dato of this Deed Ihtcugh so nrtrch of any Immel tlxnAo i
described as is within pop hundred OOM keel of said ceraerfkre.
I
13. %uhlec:t to rit"AA-way for Slat, Raid GO.
i
1 i, Terns and crxdkiorrs o) an Access f awrovol Agrernterx and a Right of Rex Refuwd
Agreerseot between Tril* S Cattle Cornlmny, a Flnrkks caiwratdnn, and Padgett
Creek, UC. a Fkxkla hulled 1lahtkty corlliany. of em% date her~Ih aril In be
rerrxdmi in dee Kibbe Records of Indian:kiwi tkunlyand Okm— 'hubve Oxxxy,
Fhxkia.
15. Subied ur any ins a damage sustained or Incurred by mason of a Txxthxt of the
sutI ed txgxrly befog cmwey,d ,to the Florida Deiwbrxmt of Trarusxxt, Ly means
of direct sada a csxxlen nadun Ixcxmdtn& of as a direct result of a court order a
fV
tf1
rt�
CA
Ca
Q
i
1(: Prepared by and return to ,
jo.lsl T 1vw rat t'.n ;tn " tNNIIIMtN1ARYSIAY?S
AKBLM0.ri ::rnttwE tT-r r. ulonirl . r A LIT
nth it -tilt - AVwn tilt „ Intra DIED $' (' ,p-
„rt �nd,> . vT ••, ida r.Bm wolf
rN THE FrC*MDE Or JMRFY If P&vvvw fit rn
JtrrRry F, OAtoON INDIAN RIVER MUNIV
CLVAK ClnCOIT Corm?
/NOM" FIVER CO„ PLA
Parcel I4entl9ication Numberat 511060 , 511100 , 616950 ,
6169700 640910 and 770370 in Indian River County! and
Parcel Number 1064500 in Okeechobee County . t$ .
Grantee ' # Federal ID Nunbert 65 - 0695150
00t
THE PROPERTY DESCRIBED - IN THIS DEED IS LOCATED IN I1IDIAN RIVkR ��Oy
AND OKEECHOBEE COUNTIES , TRUE , THIS DEED IB BEING RECORDED 7a
SIMULTANEOUSLY IN INDIAN RIVER AND OEEKCHOBSS COUNTIES , R
DOCUMENTARY BTAMP TAX IS BRING PAID ONLY IN INDIAN RIVER COUNTY r
P
ON TNI TOTAL PURCHASE PRICE FOR THE PROPERTY DESCRIBED HEREIN ,
0121T.C14INJ=
THIS QUIT CLAIM DEED made the 4th Clay of Mar-ch , 197✓ , 1-ry :
TRIPLE S CATTLE CO"ANY, a Florida corporation , having art addr-: rtn
rat 7.ri06 Ilanorob Road, Orlando , Florida 321104 , heretuulter rAllod
the Grantor , to PADGETT CREXX , LLC, a Florida limited liability
company , having an aldreun at 4776 Old Dixie 1119hway , Vnro Reach ,
PI. 316 :7 , h•ereinaltrn called the Grantc .
WITNESSETH that: the Crantor , Lor and til ronaideratiem of
She uum of $70 . (10 and otht,r valuable conmiderat ion , recittpt
wherei:, f it; he ruby neknnwltrlged , hereby t1t°ancrr , horflaion , n• • I L•+ ,
alitino , rentivos , releavvv , conveyn and confirtnn unto the GrArat ttv ,
All that certain land ( tilt. ^P".VaLty " 1 nituete io Indian klv,_ t
and Okenrthobren cutintiurt , in tho F'lorlda , viz :
Tlw- rani tit ttpe• rty genet i1,od in Eahlb " n fV
at:Atiched hertrtrl '1110 nl,ad,• a parr, hereof . �!
TWETHER with all tilt# lnncmtnrt n , herr rlltatnenl: o +ttvi
apt,v r [ annnrnn thereto hrr it ,n9i ray or i [t ,utywitxe appy-rtaininq .
CII
TO HAVE AND TO HOLD ( the anmc to f • o. nilupl ,r L•., n-v- t , tp
DI 11ST1Raa 118plaor, the orantor has sl9ned 4114 sealed rheve
presents the day and year first above written . -
�+ISNsaata .
TNZ]P&X • CATIMX COMPAXVw a
Florida co _
Pries , . '"mirraaee- Ry :�t �-_-.
. var ey Grenthow
As : President
runt Q A
OTI= Or rLoRroi
CO=M or INDIAN RIV&R
The toreyning instruRNI't was acknwladge4 and subacribsd
before roe by 0 . VAW. ry camiguM, as President of TRIP1.f a CATMS
COWA)ft, a Florida corporation, on behalf of said corpuratinn . on
this 4th day of March, 1994 .
.y 14gpature o Notary le- tate of Plorida
Barbera J . N#s sen
PY nt , type or utamp coxmisvioned name of
Notu.'Y Pub11cl Personally ktRwn x oR
Produeod. Identification
TYP# of Identification P�ueed
N
��Pa 1WN �i
In�+ +eeernaa lala�r� 1.19
tD
N
•re +nn, a 1
sr zx r1o3A11 armAll t�wftr , iLOR3pA
sta of oad do$ 27 and 3sr all a; Section 22 lying Saittmestarly of
Stat. Road all to t I Northwast one -quartar of aaat en ; £ lying
Southwesterly of State RoaD 6C7 al : of "If :ar*40 ng . pc:q aro
belrq in Township 32 Soucn, Range 35 rant .
LESS ANp EXCEPT frolu the aforedsacribed Propertytrams porrlurrs of
Sections 22 , 27 srd 34 described : n Rxhthit A-3 r. ar!ud I:erato ar. o
RAdf t part of tris Exhibit A .
Themade UP
as shove d"tribed in also Particularly dee-rihed ann
p of the ihref Parcels described as fol :041 ;
natcel Bo . ! r
J�thingsrd being ,a 6e:tiona 22. 27 and 34 , Towr.n;. ;p
Ran" 35 East, of rndlen River County, rlorlea ,
prom particularly- descracsd as fo:iows :
rrcm the Southwest corner of Ssecion 22 , :orr * hip 3:
South, 84090 35 rest , run Borth DO' 40 ` 03 " wtet,
2 , 7f• . 05 feet to a point on the south righc-of-way 1 .ce
of State Road NO . 401 Thence, along sold
ax :gn t -of-vay
line Solth 740 59 ' D< ' Xaet 954 . 91 feet to a Palet O� e
Curve concave to they Southeast having • radius a;
2 , 713. 1t four T4ftcs, ilOn¢ stld curve thro %t a ^. sntrsl
angle of 09 90 ' 57 " with a chord bearing c: S.
TC '
03 ' IS* Cas; an arc dlotanne of 467 , .• 2 Irate Thcrra ,
Continue along Said rlqht-of-way line South t) Th og"
Cant , 1line T teat to a point o_ intersec_itn Mlt . the
center ins of a 60 fccc vide ingrtaa/egrtas aa4eaar• t ,
and ea-d point being the Trct Paint ar 83glnr : nq , rtaa
• aid ?*int of SegI'mi q. alml sa .d: Center lira, r•ln
Scutr. 32 ' 05 ' 21" Hfsc . 1 . 239 . 11 faata Thence ff saut ,. Cl "
43' JC " Wes, , I . r91 . 19 ftetr Thence, South 0i " GD • • C"
Mast . +37 . [ feet to a point or. a ocrv ■octneave to : ne qNj
ao.ntrat an h a radius of I9 C9 reecr Tnfnce,
angle cf :a ' ! D ' Za w; th a chory b
South D9' earsag of � .
ay ' S / " @sac an arc n�atsres of 1i8 . : ' lest to
afPo 7 t on a Curve concave t0 the 9buxhwpc wi th ♦ [adlue U1
` 0 * 69 ant ! Tlunca, through a aartral ar ; :,% of Cyt t1>
51 . 30 " vlth a ctoz4 bearing of 8auth 10e 15 ' 33' Sesc en td
arc distance of iC9 . 11 feetr Thancn , Soutr. C6 ` C9 • Se ^
Cast , : 60 .C4 feat to a an a curve a»ntkve to ' Le
page 1 0l •
r::
anctbweat with A radius of 31 ¢ , 94 ft" " , ThCFcer Lh: O �n,t
A central an91* of i4 ' Ta ' :4 • with a chard nearing c:
South 03 ' 23 ' 06 " Neat an arc distance of : 10 . 05 ! pot ;
Thence , South 13 ' 040 _ O " Nest , 581 . 91 feat ; Thence ,
South 24 ' 07 ` 55" rAst , 95 . 58 fast , Thance , youth 61 " 19 '
59 " Cast , 1 , 024 , 91 fest , TF.rnce , South 33 . 00 ' 24 " East ,
105 . 63 feet , Thance, south Oi ' 400 E9 " Ess^„ 10056 . 2 £
tests Thancs, South : 6 ' 41 ' 15" raa c, 451 , 25 feet :
Ther,Ce, South 00 ' 23 ' 26" 15"
: , 376, 05 fast , Thence ,
South Oc ' 44 ' 31 " East , 50295 . 36 !set to the point of
terminus of esrd eAas@ent and Said point bsihq the
quarter COrhex on the south line of section 34 . :hems
run North r9' 18 ' 13" East *long the South lino a •_
section 34 a distance of 2109 .aS :Set to ttO SouThessr
corner of Section 341 Thanes North 00 ' 42 ' S4 ' Neat along
the test boundary line of sectio., 34 a tllst.Ance of
5302 . 79 !Ret to the Northeast corner of Sactlor 34 ,
Thence , North 00' 42 ' 260 Wast along the Cast rounder
' in* df Secticn 27 A distance al 2650 , 33 feet to the
Northeast Corner of the Southeast quarter of Section 2704
Thenar, South s9' 13 ' 33" Nast along the North bourdary
line of the Southeast 1/4 of Section 27 a gistance of
2 , 4-60 . 32 feat to the Nerthw.ert corner of the Southeast
quartor of Section 271 'hence, North 00 ' 30 . 04 " West' ,
alchg the ,test boundary lino of the Northeast quarter of
Section 27 a distance of 2 , 619 :69 feet to the Northwest
corner of the Northeast quarter of Sectio, 27 , Thenar ,
North 86 ' 42' 15" East *long the North boundary lire of
Section 27 a distance a! 2, 664 , 54 feat to the '40rtheast
comet of Section 271 Thence, North OD' 23 ' 02" yyaw
slenq the East boundary line of Section 22 a d_ sta.2os of
02 , 62 test to the above said South right-etrway liar ct
State Aoao «pr Thence, along said tight+rfway 1_na \ort,
51 ' 22 C4 . west , 893 . 77 toot to A point on a curve
concave to the Eorthwoot with a radius of 1 , ,70 . 34 too" kitht ,
ChOrtl bearing gof NorthtSol 09'a Cenral 13S"zest an are distance
01' 455 . 41 ,4467 1'hR11Ci, continue Along said right-of-way
line North 45 • a$ , 04" Nast 2,243 . 06 !eat to the True
Point of Beginning , Together with Any sof St
trip of land that r%$Assy091st between'# roinabovs describeduAnd rthe VSouth aiainten►resRrtgeE-
Awore oad
Of-way of State AoAd 6o as shown nn Flarlda Department of o�
Trinsportst.on H&lntshanCo Right at way yap r;coided in
Plat *ook 1 , Pogo 10 , public records of S:.elAn RLvec Ell
ccunty, F1or1cA , to
t
Page 2 of 4
i
i
[ erOres References in tho description of this paras, No . 1 tc
• 6o loot wide :+sgr* saf*gr*ss •a**aett Were to the 6o toot
via* ingresal*gr*SS *a**m*nt being racarded latrdistely
following the Hoarding of the Quit Claim Deed to which this
exhibit A Legal Daaoriptian it attached . ,
Parnrt W 2 :
Tko Northeast on*ftqu*rt*r of Section 27, ^ownsi,ip 32
south, Ra cot 35 Cost .
Pare*1 Wn. x
Thot Part of the kbtthweet one-gUrt*r of 3*otzon 26.
Asp 32 South. Range 35 Caste lying eotehwe* terly o
Ilse 3Puth �elr.tenano* right-af=way of Sts:* Road 60 as
soli! South beintehanoo right-of-way is shown on 53orids
Departrsent of Transportstigt ltalatM*nt* Right of May ,Cap
recorded in plat book $$ Page 32 , Public records of
Indian ltlras County. 1'lorida .
VADIlAM T 21t Coma 0 VZO lIl &
X11 of vection 36 Township 33 SoutA, Range 35 Eaa- e okeachcbet
County, riarlds .
fV ,
D!
[J1
tip
Pago 3 of
R % II 1111 .0 A- 1
LEVS AND rxerrmi) PARCULT
LYIOf 1.11" AND HIM/ IM somom 11. IT, AND ) 1 f(MONIMa) 11 aWTL. L4YC 11 "Or u
INDIAN Russ MUNIV. PWAIOA µo bog " Mab PAR;l"I1AL/ 0112AIYL0 AS rOLLau1• 1
45dM1YCIW IMON %me WYtwhat C11Wfft at Sam" 11 . Ta snip 12 SWIM, 4114ma1 1t L4a.
CNtva, nuts "Alm a0 Ia . 01• Yryf at. 43 IUT 1011 "$at W two apo111 NIOti) ut FAT Litt
OF ttAtl ADA/ May
TNINV, AOAI ON MLTa At tl1 44• Map nl . at FAST aa . mat& MOM OF WAV LIN& TO a plot
Or v4i at 0 Contra ryMCAW To TRWCOWTMMIt a11a W.VIW a )polus OF 1110. 38 PIMP
TMLl1t! TIIWWN o 0111!011[ AMOLA o1 It t1 ' 01- "a" /W MK pl"ANia or ttt . ai 4111 Ta
tow " Or -car TIM6aua11
or II"tums" vlalN pot !i(Nili imipor 4 10�au ides iiwluOF a ae iw4ilML.aia , VCM,
Mia plot Oe1M m Tett pall" W sM3"IM)
11414M. ALO1M &Ain CWT1a LINA apo $a 31 as• al• qtr. 10200. 11 .tuft
1lutab OaWTM at a)• sP was. l,osl.it ) o
ma 4 mom 91 n1 a0". WIT, 111.11 Planar n a "lar or svarATWaa mr A ammove cmacal&
TO T" s4wt T w.aan A Wien IFanon rent ,
looavk TF" n a ClMa1410 1011010 q to lop 2", 14111110. plata) afAlY" Oi n4aAu In aft
WWIW o Am few anm sM„Y.)) "AT TO A n)WI AM A cults aroMOLva an leu 1wIW"te
MNO, "n A Go""" AMOM Of of at, talk WIT) a Dl1O" ""son Or aou111 In
1t1ea•aNT, ar A" at/TNM 0 109. 14 enfl
TWMD1, pmts 04 at' t1• )ATT, 14444 )m " A MINT or NAWWWOM of A CORM comt4ve
to ata "atM eat lull" A 046111106 Dr 11a.91 M&FI
TASOCITaaOWM A an M1AM MIF It• 141. MITO A Capitol ""SoNg Of OW)M a) 3j .
a ,ro two AMMO *AAS U Of ea&,a1 eaatl
TNOtta, a"fil it 0)110- MIT. Nbll )call
TIIfI10a1 01M"r 24 n' as • WT1 12.11 NMI
TMMCak /001111 ft lop N• 10,1170 ld)rJs "ni ,
lie no AavfN 10 n• IP awl ALP rmA
TM. ngt11 ad 4410 "k WANT. 1091.11 tm1
TM t, aDM9W It ea• 11. 411. 411 ,11 SANTA
TIW1aa11OatM " 1\1 ago MAT, 4104.16 Flirt .
TMIMt`.1 11111thM {{• 13. 1IT 11)11.10 Felt " ant plot or tppi"m " mala t"MoMpT
alp @AFA .heal "lie T" I I tOatea 04 1Ml nMaM game Or $a"%" 141
TMrion � ouppla e N $01 i1' 0"t, /110r.ti Ia" Iltn" TR) nWM M L1OF OtOTIOM 44 TO
tra a&4rwan Oampt" at atntol 101
9001)atill nlaYY ", firlpo a10tWma Ili 1111.1) role WOO TNI Mae gime n Amalie Ia to tie
tMMel', a a I 1a n• *4• 'Mn, 119110191 t R t "a Mn Laws ar rnrlar i) To TMt
aMraM CINAna " amt" all
T!"tOO. teats n "N a*- ""1 11194.01 1014 0111tH TOa Mfr Lags OF eaOftaN or TO A
Vol" LTL" 0 t a tg alagt In Spot Late m ton emon no
T"Nn aipb IA" Alp" two n gar Late 6 11 Sa• 01' awlANA.01 fan We a WiNT " _
all
A &go Dwtla TO sir 41001343,11t "Ttfe A wits it $, Italia Metal
TrN"&. 101010 AI" a " ea""a L aAnal ON" w notal took vara L 0x1110 tsvlaa Chi
O Form To Of, N.• .itdt. An Wse olog Mn 01461.41 ""A
ttWMC1. tpltat" W110 Alto plM 0 FIAT LI" O 96 "1 ar• 1411 31110. 11 rear to Ln
TRA 1114/ Floor Or &t"s". in
$410 4100 Wilf4T TO Aa .{SWOT Or IMwO;1 ts . all mAtYYMT IAOAL L"cusatW. l
longe 4 of 4
'W011111011 Tot
,`A 131W1311Ntl11fN 00CUM AR
GROU►. IE1 /SWT" 11111101111111001111 IV1WA
Mt WE rKrry,irn OF
f7V13„ sung 300 NOIE1 1, 1 0 v + , �rt
PORTu noR7u43as1s JEFFREYkDARTONtMM ittrAki itGIIJ flCO.ri' n
n.se000 torn INDIAN RIVER COUNTY
'Ibis uutrumcm Prepared Item Srgawnt Nn. 22MM-1 La
unlet the durctiem of: Nm - A1154541 co
lcb Nrewood, EsquireState Project Not. Y,Bn 12529 tr %
Legal description pre • by: Prderal Project No. N /;1 Ln
Ftank J, Guiliano Stave Road No. GO p
Flodda D"r mem of Tranaponatiun County Indian River
3400 West Commercial Boulevard Parcel No. 103 (put)
15an i.audcrJalr, Fiorids 33.709-3421 Managing District Four
QVITCI.AIM OEM
THIS INDMI UM made this 7 Clay of` nPrsNAeA . 2'N12, by and bcm=n the STATI? of [WRIDA,
by and through the VI•A9T OF FWRIDA MP4AR'ITILNIFOF 'IUNSK)MVI ON, Party of the
Fort Part, whose address is 3400 West Comnnercut Bouksard. Fort I Auderdale. Florida 33309-3421 and
Pr7l7CI:71' CRf:f .i:_ i_I_C.. ■ 1.1orkL• I +iwited 'aGi 1t7• Cn, v_ay. - Pang of the Second Pub wbose Wthest
is: 4776 Old Dixie Highway.Witt Reach Florida 329fii7 . N
to
WITNESSETH
WHl RFAS, yid kind hereinafter desctibed was heretofore acquired for State higlnw•or purring a; and
'HIiRYiAS, and land is wi hsagct rquired forsueh purpose*, and the Party of the Dint Pan, by
action of the 1)ignict sevrctary. Dlstrinroru, FTorkla Department of 'Framponatjnn on AVpur 17. 21102
Pursuant In the firmitions of Section 337,25(4). I.7oridiStatute*, has agreed in 9WIcinfm the Isrul hereinafter
clemnUid it, the Party of the Sccoad Psm
NOW, -riil uvoit F., THIS INDI:N-IL'RE13'f7NfiltiLfli: Thal the Party of the 11rtt Part, for
uul in eongide ation of the starrof$1 .00 and other aykuble comdccationt. receipt and suffciefty being -
lu rd)v Acknowledged, does bc+rby wrAse, tek`ase and quiielaim unto the Party of the Secoad Part' gad
assigns, font vice, all nhe right, ridu and interest in an that certain lard shrunr in Indian River Courewl Florida,
vie:
,cr F%Nlnt ".3", con.ismig of four pagvs anxcW hereto and made a pan hereof.
'I'O I IA%*I: ANWO ) I IOM the axil pnmiaem and dov appurtenances thereof until the Pam of the �
4•n and Pan, sahlvcr, however, to the folk wing ctmditn ms: _
'IAA'1' existing uulnis� trtnaht in place and in use with no rxPr•nsc to the wiktc oxYwt and subject to _
any raxtrunt of record.
O
t71
'17 i1+ [:[ )ti\-1=.Y..\ \[ :lilSsulilrcturanyanpuJtasca, assrusmcma, hensa>rcneumbrnncca. J
Itatnlsevotnt Na 22MW 1
Pascal No. 103 (pus)
IN wrmu5 WHEREOF, the State of Florida Deparaxm of fransportarion has caused these
presents to be r*ned In the name of the Sure of Florid. Ikpanment of Transportation by its District
Sarctmy. District Four artd its aeal to be hereunto a ffixed, ■Rested by to Fa utive Secmu ry, on the diet
first tbma written
Sgp)cd, scaled and delivered STATE: OF MORIDA DEPARTMENT 01:
in our pteseticc as witnessn: TRANSPORTAIION
� _ y OFF tp.,
fN
PrintNamc ycr �tl u l �U t 111 1 Name: -
Dirtrict Sccmary
Distritt [V
Print Name: Nrme: MARIAGLTIIRRRVZ
Executive Secretary
SI'AIV OF FLORIDA
CUL'N•rY OF
The foregoing instrument was acknowledged by me this � . ��...+' r uo s- by RICK �
CJJESXI;R , Distnet Seercun' for D•utriet Four, who is personally nown by me nr who has produred tV
as idcmification. _
v
c-r
(N( WARIAL SH:IL) Pnm Name: ora ,40 iS,e .K3 p
Notary Public in and for the 9%
Comm and State last aforesaid. tb
Ply Commission Expires: rJAV(r?S
t
� . . � t: >t ,.rr
+ EXHIBIT 'AA A
� w
Id
M
y
S
2223 207o 2'1
u.
eh
6* 60
Tower
29 26 T 27 76 25
32� 33 •- _ ] 4 ;y_ 35 r r _''L.� __ `
TWA 432 r
7WP. 33- S• OKEEbIOBEE COUNTY
LOCATION OF PARCEL
LOCATION MAP
NOT TO SCAE
LEGENDS
NOTESr A - DELTA
I . BEARINGS SHOW- MEW ARE BASED ON THE RIGHT f - BASELLINEC.B:. - CHORD BEARING
OF WAY NAP FOR STATE ROAD 90 COR. - CORNER
STATE PROJECT NO. BROOO.2529 . EXIST. • EXISTING
P.B. PLAT BOOK
Z. THIS SKETCH EXIST SOLELY FOR THE PURPOSE OF PO, PAGE C.71
IATTACHED. THELEGALDESCRIPTION TO WHICH IT P.O.B. - POINT OE BEGINNING N
R • RADIUS
RGE. RANGE
S. HATCHED AREA TO Be SURPLUS PROPERTY. IRT) _ RIGHT L
RAf - RIGHT OF WAY
4. AIL OIIENSIONS ARE CALCULATED UNLESS OTNEHWISE SEC. • SECTION
NOTED, S.F. • SQUARE FEET
TW. TOWNSHIP Cn
AXT
STATE OF FLORIDA
DEPAR-HENT OF TRANSPORTATION FLORIDA DEPARTMENT OF TRANSPORTATION
DISTRICT 4 - RIGHT OF WAY WPPINO ___ _ _
RIGHT OF WAY kVPIW
5400 WST CDINIERCIAL BOULEVARD
FT. LAUDERDALE. FLORIDA 35309 RIGHT OF WAY PARCEL SKETCH
19541 777 -4550
STATE ROAD NO. 60 INDIAN RIVER COUNTY
e mn
recur woR au.or ✓ -4 a.S.
NOT A SURVEYlit At I rrNR Y „•R: _ eGw-u_ _
arum i,tA uasa2 ' A"""te`
-- — -- r ,o.P. l. o,iu,n . Ar I'A". nOLoauY
_ . GP. I . K. 01p14 Ilrat, xp
SECTION S8060-2629Id 1 11 SHEET I OF 4
Pr.. .�.A.r,.w�raararr w.
rte:"—
. .
a
7&&
HIBIT 'AA A METRIC
SEC. — TWP. 32 S. — RGE. 35 E.
I = 41P
s sraT e ¢ SURVEY STATE ROAD 60
5 51,03 '20' £ £XfST. R/W LINE
WATER Rmmr1ON AREA
— m.aati 103
SrPeD rkn
PIOBI
a 918 .97 fRT
4U• D20 d=Of 49'42'lLTI !!47% lRT/
124.671 (RT) R-4,781B 077.80'1
R=4=ti 5'r0 !15,688.29'1
C.B=N 59' S8' OSw /
h
STIP �5
` I PART
a Ecoo
j 10
IWO
R UNINCORPORATED N
aE 2 INDIAN RIVER COUNTY
/ J
417.60.605 C
SELt�Y FLORIDA DEPARTMENT OF TRANSPORTATION
RIGHT OF WY NVP1Ml
RICHT OF NAY PARCEL SKETCH
STATE ROAD ND, 60 INDIAN RIVER COUNTY rc a
1
. -
. 7 uy wr<
M[l W i "w y)
r�ur .r. a.a..yt uF;k -sraltml
_
wiltlm
e
r .c.a, l. OPOO(I a utPAW. u"D17m
NOT A SURVEY wv. 1. 00, 410%110 "Igloo t I mW Kr1¢
• ..vra. all, SECTION 88080-2529 SR Tl W4
EXHIBIT A A
SEC. 22, 23, 26r 27 - TWP. 32 S. - RGE. 35 E,
!/ UNI CORPORATED INDIAN RNER COUNTY
6l sea P
VLp� MCOdY. COR,r NW.%Of
f. �`N'�b 4 4. 5fC. 2J-3T-J5
#- N£. COA., S.E.%40F `A- c4 FO. CONC. WLW. AETRIC
5£C. 22-32-J5 w 8 WASHER
r N I ,aE 2 4. !PAI&I
LA1N1
A nr I
fN!=370r724A600 jl+' J�sL"�, lEl=z p1091
rE1=25AT195I6 SEC %YNR
/ Ps
ki�
b Nr
.J 9p�
Y` ✓ q� •
N �- id On
S N '£O' E �s
EL
e SURVEY STATE ROAD 60 IJ.M (45BP'l R
N � \ EX15 F. RM LINE 5 51b3 '20" E
5 9'OJ'ZO" E EXIST, R/W LINE Nay
t6+ `>•
WATER RETENTION PART ;Q_ r
AREA it f�JJ
103 �A
103 B ° ,���' R/W GNE
419NJ]91 �`
76A53 r250BJ RTJ J��
G
PART I/97361RT1
\ N.E. COR., N.E. V4 OF
103 0 � `o SEC. 00-32-35
iz3�5 61� (NO FOUND)
0=219,029.0041
404.7899 34.903 (114.5i ' RT.)
ACREAGE
0
O23992 08717 O 39.665 lr3f1.20'I V
S J628' S7W N B92B' 20' E -.
FLORIDA DEPARTAENT OF TRANSPORTATION
O
4=OJ2270'(LT) D A=00'0T'49ILT'I _ AIUNT a IAY WPINO
L 'N691003.9T'1 L111419 l36J57
84,84;.800 (15.885.14'1 R=4,84I ,800 (15,885147 RIGHT OF WAY PARCEL SKETCH
li C.B.=N 5JI9'52' W C.tl .=N 53'04'431w
STATE ROAD NO. 60 INDIAN RIVER COUNTY
., 04110 rI/, L.. w
MILIY WIR1 .1101
11.0 .r. 41.01 IT.rLIe ' CpJ 7t n
dCge rt11 .>s.os 4, I rN w 0 p• wmron
,.I.W1u •ILu 1eY w.'l
LY.O.L Olft/ICI . N[ 1.01. 1IOlOyfll
III` NOT A SURVEY 1e1 . a. nHnO Lcv. • . 1[W lcrnu
j n o.rt SECTION 66060-2529 ISMS of 6
f11� 1•rlpNlryliM
' A EXHIBIT aAw A
f I
Item/Ss9mMt NO- 226600i Tet sinpia Night of Pay
I164010n No. S606D- 25211
Parcel NO . 1031PART1
State Rood 60 InOlan River County Des4ripilou
POrtlOha of Iand lying In Sections 22 arta 27 , 7ownihlp 32 South , Range 35 Cost , Inalon i
Rlver County. Florida . More POref Culwly aescrlaea 06 loltowt
cursamsi at a found concrete AUAIaelnT with o screw and wo~ m0'aing the 1
Northwest Corner of the Northwsit 114 of Section 23 , lownshlp $2 South , Range 35 Cost .
Indian River County , Florida, tnenco SOulh OOfli ' I I ' East 010" the well IIM Of $ola
Narthww4t 1 q , O distance of 009. 629 prepare 12. 656 . 11 fest ) to d point an tits Northeast
Cor Mr Of the Sau"Ost 114 of Section 22 , township 32 South, Range 35 Cost ,
Indian Rlver County, Fl Oriooi theme continue South 0041 TPI l ' Cut along Ing East IIng
Of Paid SoutheaA 1 y4 , o distance Of 764 . 269 anther. 12 . 509 . 06 feel ) to o point on the
Basel Ing of Survey for $t0* Rood No. 60 as shown on the Florldo Deporimsnt of
Tronaporta Han Right of *ay Map far Seatlon 69060 . 25291 thence North 51 .03 ' 20 ' Post
along sold Closer Ina of Survey a diatoms, of 16 . 984 sellers 1259. 13 feet 31 thence
South 36. 56 ' 40 ' Fest of a right mgla to 4014 11 Ing Of Survey a dtat Onee
Of 114, 736 enters 1376. 43 feet ) to the POINT OF OEGINNINGI fh*nce
South 99 '26 ' 20" *get , o oletance of 172 . 091 marere 1561 . 01 406th thence
North 34609 ' 49 ' East , a distance of 105. 001 haters 1337. 93 feel ) to o point on o curve
concave Northwlsterly, having a chord bearing of South 54 '56 ' 03 ` ( call then;*
Southe0sforly of Ong sold Curvaf having a radius of 4 , 761 . 600 sisters 115. 669 . 29 cteri .
through 0 centranarc at angle of 01 '44 . 42' and an adiatoms of 545 . 632 meters 1477. 40 1;011
to the and of sold Curve ane the POINT OF BEGINNING.
Caniolnlna 0. 755! hectorq 11 . 966 Ocresl , ngrt or lees.
AND
COrt1NO0e Of 0 IOVIG COMCrete 000nu ent with a screw ane waaher IrarNltg the
Northwest Cama of the Northwest Ivo a1 Section 23. Township 32 South,
Range 35 East. IrnOlan River County, Florldot thence South 00' 17 . 11 ' East
along the *set line Of 5014 Norfhweat 1p, a diatoms of 909. 929 maters 12 . 656 . 91 fastj
t0 o point On I" NarfMoep Corry of the Southeast Ivo of Section 22 , iovnsnlp 32
South, Flange 35 East . Indian Or ~ County, Floriaal tnence continue
South 00. 17 ' 11 ' East along the Cost line of sold SauthOast 114 , a distance of
764. 769 "for& 12, 509 .06 featt to a point On the 6oaellnt of Survey for State Rood
NO. 60 08 Shawn an the Florida Departegnt Of Tronsportati Cit Right of Nay Onp for
Section 68060 -25291 theme North 51003 ' 20 - West along sold BoseIIM Of Survey
a diatome of 32 . 497 milers ( 106. 62 festit ihame South 311056 ' 40' West of o right
angle to 6010 BaiP11M of Survey o diatoms of 76. 453 meters 125D. 83 leapt to the
POINT OF BEOMININGi thenc* North 89.26 ' 20' Cut. a distance of 39. 695 "tars
1130.20 feel ) to o point on a curve eorRave Northeasterly , having O chard bin lrg
Of hlrfh 53419 ' 52 ' West ) theme. Northwesterly along sold curve , having 0 radius op
4. 841 . 000 poll 115 .895 . 14 1#411 , through a cantrol angle of 00.22 ' 30' aper] an art
distance of 31 . 691 insists t103 . 9T fast ) to rhe est of iota curvet theme
South 36.26 '53 ' gleet , O distance of 23 . 992 caters 178 . 71 (Poll to the POINT OF BEGINNING. S
Cam Olning 160. 7 sal"d meter& t4, 099 square feet 1 , more or ) &&a. f
All containing 0. 7934 hecrar*3 11 . 960 Ocresl , dare or loss.
I Mreay Cerllfy that t0 the past of my kmwl Wag and belief the attached load] daWlptlon
Of POrCM No. 1031PART I . ae spawn art Ine Rlgnt of Way Parcel Sltstch for State Rood
No. 60, Itemr54gment No . 2286001 . Section No. 86060 -2529 is true . accurate oma was
preporad under Iny direction.
I further certify that said 1egai asserlption is In conallame with the ulrpj a technical
3rRy' lirdg ;Pa set Forth by pM Florida Board Of Professionot Surveyors 6 Mappers
g jC� p Ssetlon 472. 027 Ftorido Statues.
Oi
Irk)
'y9 tFr k ' CvHlenO
Ftarl uoppsr Na. 5766 NOT A SURVEY
J r4, O1ari A
P p .j.atat it Tronsporotian FLORIDA DEPARTMENT OF TRANSPORTATION
t. RICN7 OF PAY WPPING _
�7' 1n RICHT OF WAY PARCEL SKETCH
rrtlPY� _. _
' STATE ROAD NO , 60 INDIAN NtVER COUNTY
..n hex
. 1 . sa , a hat
LSP
SECTION eB060 - 2520 , SNEEt A OT 4
n,M ,lwatlryvp NN`yAM.tP•
. . • , LEnLnfTa
-{ THELAWOPAP, W.
. 6101 LAKE WORM LOAD, BURS 106.
SANE WORIW,ADRIDA 13467
Ol-OW0 . 01 -06!93
This Snstrumnt prepared Parcel No . 102 . ix
under the direction Of M . P. I . l6agsent No , 2286001
Lourice C . Mayes , L ( isction N0. 88060 . 2529)
Legal description pr r : � Wanapinq DS strict : 04
Si oita Dani I ii 7I uoi S , R . No . 60
Department of Transportation County : Indian River N
3400 W, Commercial Boulevard 1V
Pt . Lauderdale, Florida 33309 MII4LM1001160 OF O
44TMYILEALiDM CD
Olala( g1101s{ p01aq Cn
MARRANTE D�i/$p BIDNMLRIM00j r4, 01
S. WARRANTY DEED Mede the lad day of
Florf
Irlf by '"'=pIR C'TTtRx�, • vl , oration,
whose address isd �68z N_,ne b a d O i nid iia 32RDa 3 17
grantor , to the STT ATL OF VWRIDA DEPARIll�71' OP TRANSPORTATION,
grantee : ( wherever used herein the terms •grantor• and •grantee,
include all the parties to this instrument and the heirs, legal 8
representatives and assigns of individuals and the successors , and
assigns of organizations ) . C
WITNE88L'Mi.I That the grantor, for and in consideration of the N
sum of 81. 00 and other valuable considerations, receipt and
sufficiency being hereby acknowledged, hereby grants, bargains, sella , s
aliens , remiset , releases , conveys and confirms unto the grantee, all
that certain land situate in Indian River County, Florida , viz :
N
J '
Parcel No , 102
001
( S"tl n NO. 0 No .060 2529)
IBgctlon 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 40 Concrete monument with a disc marking the
Northwest cornor of the Northwest S of said Section 22 ; thence
South OD0311430 Last along the West line of the Northwest % of said
i Section 22, a distance of 758 . 638 meters (2 , 488 . 96 fast) to a point on
the Baseline of Surety for State Road 60 as shown on the Florida
Department of Transportation Right of Way Nap for section 88060 -2529 ;
thence South 740511200 East along said Baseline o6 Survey, a distance
of 99 . 082 maters (325 . 07 feet ) ; thence South 15°05 ' 40 • Nast along a
line at a right angle to the last described course , A distance of
15 . 24D meters ( 50 . 00 feat ) to a point on the Southwesterly existing
Right 01 Way line for mid State Road 60 and the POINT Or BEg7#1Sp)OI
thence South 740510209 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
j 167 . 74 feet) to a point on the South line of the Northwest if of said
Bection 22 ; thence continue South 74051120 • East along said
Southwesterly Existing Right of Way line and said parallel line , a
distance of 138 , 682 supers 1454 , 99 feat) to A point on a curve concave
Southwesterly , having a chord bearing of South 69055152 • East ; thence
Southeasterly along said .parallel line and the arc of said curve,
having a radius of 828 -796 meters 12 , 719 . 14 feet ) , through a central
angle of 09050 '- 5700 an are distance of 142 . 470 meters (067 , 42 feet ) to
the end of said curve : chnncm South 65D00 ' 23 • Feat along said
Southwesterly Existing Right of Way line and said parallel line , a
distance of 359 . 564 meters ( 1 , 179 . 67 feet ) , thence
South 32013004 • West , a distance of 10 . 994 meters ( 36 . 07 feet) to a to
point h on • curve concave Southwesterly , having a chard bearing of O
North 69011 ' 15 • Wsetr thence continue Northwesterly along the arc of
said curve , having a radius of 4 . 841 . 800 maters 115 , 885 . 14 feet ) , N
through a central angle of 07 ° 44 ' 30 ' , an arc distance of 654 , 211 to
sisters 12 , 146 . 36 feet ) to the and of said curve ; thence Ln
North 00039147 ' West , a distance 26 . 340 meters ( 86 . 41 feet ) to the J
POINT OF BROINNINO ,
AND
I
i
A portion of land In Section 26 . Township 32 South, Range 35 East .
Indian River County , Florida , mora particularly described as follows :
Commence at a found concrete monument with a Act" and washer marking
the Northwest corner of the Northwest 4i of Section 21 , Township 32
South , Range 35 East ; thence South 00017 . 114 East along the Went line
of the Northwest 4 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 23r thence continue South 00°17114 East along the
West line of the Southwest % of said Section 13 , a distance of 764 . 769
motors ( 2 , 509 . 08 fest ) to a point on the Baseline of Survey for State
Road 60 on shown on the Florida Department of Transportation Right of
Way Map for Section 88060- 2529 ; thence South 51 °03120' East along said
Baseline of Survey , a distance o1 285 . 830 meters (937 . 76 feet ) ; thence
North 38056 , 404 East along A line at a right angle to the last
described course , a distance of 30 . 480 meters 1100 . 00 feet ) to the
POINT OF BEGINNING ; thence North 000104264 Nest , a distance of 16 . 323
meters 153 . 55 feet ) ; thence North 400071014 East , a distance of 81 . 850
meters 1268 . 54 faoth thence South 49052 ' 594 East , a distance of
90 . 119 meters ( 295 , 67 feet ) r thence South 28054 ' 414 West , a distance
Of 52 . 605 meters (172 . 59 fast ) ; thence South 49052159 ` East , a
distance of. 72 . 694 maters 1238 . 50 feet ) to a point on the westerly
Existing Right of Way line for Blue Cypress Roadr thence
South 28054 414 pest along said Westerly Existing Right of May line , a
distance of 39 . 976 meters 1131 , 16 feetl ; thence North 51003120• West
along a line 30 . 480 meters 1300 . 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 16 , 801 acres ) , more or lees .
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 grant" that the
grantor is lawfully seized of said land in tee simple ; that the
grantor has good right and lawful authority to Bell and convey said
land; that the grantor hereby fully warrants the title to said land
and will defend the name against the lawful claims; of all persona
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 authorised , the day and year
first above written .
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Print Namer
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Print Names
its S .
Signed, sealed and delivered in
the presence oft (Two witnesses
or Corporate Seel required by
Florida Law)
(Corporate Seel )
Print Ka :: 11hhennaun + CmrHOA
rine Name : rll t �aW� s'(/1 �fYJJ
STATE OF PLONIOA
COUNTY OF
The fo egoinp instrus�am�t� �rea acknow}adq�sdyefare a this
day of i1Y �, by 1{. 4. Est' AAI�.�9
Of TRIPi c ATT COMP ,`^ a Florida
Corporation, on behalf of tha Corp 12 ion �i_personally k to
me nreho hse lxodeeeel
Tint Name :
Notary Pu611c in and for Ghe
County and State last aforesaid .
Ny Commission Expireas
Serial No . , if any :
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This instrument pprraparad Parcel No. Iol . ik ( 7 - 16-02)
Lauri the diraotlin or Iter/Segment No . 7246001
Lauri" ¢. M=0 Emq (Section No . 58060-2519 )
I4gal description Prepared Nana9ln9 Dictrictt 06
B .R. No, 60 0
DOPsrtarnt of Transportation County ; Indian River00
7600 N . Conwarclal Boulevard
Ft . Ludardalr, Florida 11109
N
VARRAM BE=
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THIS KUUMirlMt DEED Wads the �1 S w day of
200_)_, by ,� - C a Flnridf4
Coevanr , Phone address Los 7a 76 Old D1 1 Nich w V ro S.evn
fleride at9s7 41
, grantor. to tM "Art Or r1ARIDA DEPARTHUM or
TRANSPORTATION, grantee, (wherever used berain the Gime agraatu[„ and
'grant"* include all the Parties to this instrument and the heirs ,
legal repraaestativ" and assigns of individuals and the suocem"rs,
and assigns of organisations) ,
X"tMt That
sus o[*" Oo andd other' valuablloonsiderafor tions ,in cereceipt and o[ the
sufficiency being hereby" r " , conveys and CO4Okaawledgedr hereby grants, tialna ,
aliens, remix , /1"sntirmm unG theatggsells ,
rime
that certain land situate In Indian Rivercounty, Florida, vir ,e all
Parcel No. 101 Item/Begaent No. 7256001
(SOCU01% No. 00060-2529 )
A portion of Sand lying in Sections 22 , 26 and 27 . Township 72 South ,
A"a 15 East, Indies River County, Florida , more Particularly
deacrlbed as follows:
CoSaanoe at a found 00hcretm menu"nt with a mor" and waahor marking
the Northwest Corner of the Northwest % of Section 21 , TbwnshiP 32
South, Range 75 Knot ; thence mouth 00. 17111• East along the Msat line
of the Northwest ti of said Section 21 , A distance of 109 .#29 "Gra
(20656 . 91 feet) to a point on the Northeast Corner of the Bouthwt R
of said Bactlon 221 then" continue South 00. 17011• East along the
Last 11na of the Southeast % of: said Section 22 , a distance of
766 . 769 maters (7 , 309 . DS feet) to a Point on thm 660611M of Survey
for State Road No. 60 an shown On the Florida Department OL
Tr"aportation Right of Nay Map for mention 80060-2529 thence
oontlnue Bouth 00 .771119 test along said East line, ■ distance of
19 . 676 "term (66 . 65 fest) to the POINT Or BEGINNING thence continua 'VO
South 006171110 East ■ long Bald East line , a distance Of 23 . 155 meters 41
( 91 . 28 Last ) to • Point on the Southeast Corner of said Section 22r N
of
thencBalde North H • 09116 test along the North line of the Northwest t4 C3teotlon 7f , a dlatance or 6 . 912 "term ( 22 ,
68 fast) ; thence
South 51 +011200 East ■ lo a line 20 . 680 "term ( loo . 00 fest )
southwesterly of and parallel With said Ba"Ilnr of Eurvay, a distance
Of 676 , 25 ) "tars `` 1 . )11100 fast) to A Point On a curve concave m
4outhvragriy, havinq A chord bearing o2 South 4o561d9e teat ) then"
( Continue on the Next Page )
South"aterly along the are of said curvo , having • radius of 649 . 099
"term ( 20111 . 92 f"C3 . through a osntral angle of 06 • sel23 % , an aro
distance of 4f.446 "tan ( 12a .bi feet) to the and Of said curvet
thano& South 450040570 East along Said parallel lin• , a distance of
615 . 414 motors ( 2 , 619 . 15 feet) to a point on the East line of the
Northwest % Of said Section 201 thence South 00. 221220 East along
Said East line, a distance Of 24 . 512 "tars ( 113 . 23 famt) ) thence
North 46. 04 ' 57• Nut along a line 54 . 760 asters (179 . 46 feet)
Southwesterly of and parallel with said Seeellne or Survey, a dlmtance
Of 465 . 516 motors 1, 593 , 98 fast) to a point On a Curve Concave
Southwesterly, having a Chord bearing of North 49.06047• Nut) thas
Masterly along the arc of said curve , having a radius of 4 , 441 . 600
"term ( 15, 005 . 14 fast) , through a central Angle Of 09.01 V0%, An aro
dlatawe of 4/1 . 215 "term (20234 . 95 fast) to the end of said eurver
thence South 99 '29120% Mut &long A line 6 . 700 "term (21 . 99 feet)
Mortherly of and parallel with the South line of the Southeast % of
said Section 22 , a distance of 277 . 000 motors (909 .79 feet) ( Chace
North 34.09 Vp East, a distance of 163 . 002 maters ( 514 . 7■ fast) to s
point on a curve concave Southwesterly, having • chord bearing of
North $000003#0 Nest( theca Northwesterly along the aro of maid
our", having a radius of 4 , 941, 900 "term 115 , 8&5 . 14 fast) , through ■
santral Angle of 0$ 02002900 an are distance of 704 . 991 "term
( 20312 . 60 fast) t0 A point on the Nest 11" Of the Southeast % of
saen
id "otic" 22 ) thence Continuo along said 0utw, Mvtnq a chord
Haring of North 649590 "" weedha
tnes continw No="tarly along
the arc of sold Curve, having a radius of 4 , 641 . 900 motets
( 15,965 . 14 foot) , through a central angle of 01. 30 ' 07 • , an arc
distance of 174-0200 maters (453 . 41 lest) to the And of said curve)
Chance North 32 .131040 East, a distance of 10. 994 "term (16. 07 feet)
to A point on the Southerly Existing ]light of Nay line for said State
Road No . 601 thence South 630001230 Ecst along said Southerly ExLmtLng
Right of Nay line, a distance of 663 , 646 "ten (2 , 243 . 06 feet) to a
point on a curve concave SCuthwutarly, having a chord bearing of
South 56601152% Gst1 thence Southeasterly along "id curve and said
Existing Right of May line, having A radius of 570 . 093 "term
( 10070 . 36 fast) , through a central "Is of 13.57t01m , an aro distance
Of 179 . 011 "tars (455 . 42 foot) to the end of Amid curve ; thence
South $ 1. 031200 East continuing along said Existing Right of Nay line ,
a distance of 271 . 940 "term (691 . 66 foot) to the POINT Of SEOIMNINO .
Containing 7 .9649 hectares 119 . 415 Acres) , pore or late .
TOOETNER with all tanementa , Mrodlta"nts and ►ppurtenences
thereto belonging Or in ahywies appertaining.
TO HAVE AND TO HOLD, the saves in fes ■ isple forever.
AND the grantor hereby covenants with said grantee that the
grantor 1s lawfully "ited of said land in fee simpler that the
Qrentor has good right and lawful authority to sell and Convey said
lend! that the grantor hereby fully warrants the title to said land
and will defend the same against the lawful claims of all persona
whoemeever) and that said land is from of all •,wuebrances .
t
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IK KITKtis KKtttOP, the said grantor has sign" and Sealed the"
Presents the day and year first above w1tten .
ATTSSTt elfxl�T} Q L L O e
Print Namet Ilnr A.) Y1�_ 1 �
Caeaany
1t\ secretary
SYt —!C]?NK
Its
Sign", sealed and deliver" in
the PT"WWO oft (Two witnesses
orrpor\w) required P1oC Legoal requltby
LQY4:::
(Corporate seal)
Print set
Print t
MATt OP
FvlDmah-
COUNTY OF
The or ot(n�o instro\ant was acknov hPt�
day of _ mhdr • of , _70d._Lr by this
ONSGY_, on Mn\ 1t�[ the co�etty, vno ■ r�renall known
deniifioc
WK W" ARD "
s prec" t��u <r rn. s
Print Now
Notary Public in nd for the
CotNty and state sat atorseald .
My Coulesion sxpiress
Serial Na . , if anyt
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PORT tAUDMIDAL141tnMiw 3a314
01 -OMD . 01 . 06/ 93
This instrument prepared Parcel no . 106 . 1
under the direction ofsItem 0
/bagmen[ No . 2286001
Lorin C . Mayas , gag • � ,j` ( Section No . 18060 -2529)
H
Legal description proper b r Managing Districts 04 .
OL a Heknwr D7-De - B2 S .R . No . 60 v
[HPlrtaNDC
WL IrAnAportatIon CoUntyr Indian River
N. Conanerclal Boulevard
Pt . Lauderdale , Florida 33309
N
N
VAtRArrr D37D -
THIS aU �RRARry DRED Hada the lu ' day of S. bne.,•
200 by PADGrTT CRRR3: L. L . C . e F ori LlaLLted L i 1t
whose sddrese er -776 O D1]t a HIO way Vero Sear,P oz da 3D967 , n
grantor, to [he STATE OP FLORIDA DEPARTMENT OF TRANSPORT)tTION ,
grantees (whOrewr used herein the terms "grantor" and •grantee•
include all the parties to this instrument and the heirs , legal
representatives and assigns of Individuals and the successors , and
aeslgns of organisations) ,
HITNESSETHs That the grantor, for and in consideration of the sum
Of 01 . 00 and other valuable considerations , receipt and sufficiency
being hereby acknowledged, hereby grants , bargains, sells, aliens ,
remises , releases , conveys and confixan unto the grantee , all that
certain land situate in Indian River County, Florida , vias
Parcel No . 104 Item/Segment No . 2286001
;Section No , 86060 -2529 )
Portions of land lying in Sections 22 and 271 Township 32 South, Range
35 East , Indian River County, Plorida, mora Particularly described as
follower
C01Mrance at a found concrete monument with a Screw and washer marking
the Northwest Comer of the Northwest V4 of Section 23 , Township 32
South, Range 35 East , Indian River County, Florida ; thence
South 00 . 17131 " East along the Meet line of said Northwest y., a
distance Of 609 . 829 maters (2 , 656 . 91 teat) to a Point on the Northeast
Corner of the Southeast 1/4 of Section 22 , Township 32 South, Range 35
East , Indian River County , Florida , thence continue
South 00 . 1711 • East along the East line of maid Southeast y. , a
distance of 764 . 769 meters (2 , 509 . 08 feet) [o • point on the Baseline
Of sryey Cor State Roed No . 60 as shown on the Florida Department of
Transportation Right Of May M8p for Section 88060 -2529 ) thence
North 53 " 03 ' 20• 8P
Along said Baseline of Survey a distance of UI
229 . 272 meters (752 , 20 feet ) ; thence South 38 . 56 . 40 " gest at a right N
angle to said Baseline of Survey a distance of 64 . SBo maters
( 212 . 06 feet ) to the POINT OF BEOINNINOI thence South 34 . 09 , 43" Hest , a
distance of 60 . 000 meters ( 196 . 85 teat ) to a Point on A curve concave
O
( Continue on the next page )
Northasaterly, having a chord bearing of North 56 .29 ' 17' Mast ) thence
Northwesterly along said curve , having a radius of 4 , 741 . 600 Peters
( 15 , 686 . 29 fast) , through a central angle of 02 ' 17 ' 464 and an arc
distance of 306 . 180 retort 4354 . 92 feat ) to the end of said curve ,
thence North 32 . 51 . 60` east , a distance of 60 . 000 meters ! 196 . 85 feet )
to a point. on a Curve Comore Southwesterly, having a chord bearing of
South 56 . 29 . 17 Rapt ; thence Southeasterly along said curve, having a
radius of 4 , B41 . 60D maters ( 15 , 665 . 14 Last ) , through a central angle of
01 . 17 . 470 and an arc distance of 109 . 541 meters (359 . 39 feet ) to the
and of said curve and POINT O9 BP.(IINNINO .
Containing o . 6532 hectares ( 1 . 614 acres ) , more or less .
AND
Comment At a found concrete annuarnt with a screw and washer lurking
the Northwest Corner of the Northwest Ve of Section 23 , Township 32
South, Range 35 Got , Indian River County, Floridai thence
South 00. 17011 ' Rest along the Nest line of said Northwest V. , a
distance of 809 . 629 Retort (2. 656 . 91 fast ) to a point on the Northeast
Corner of the Southeast V. of Section 22 , Township 32 South, Rang* 35
Sast , Indian River County, Flarida ; thence continue South 00.37 .11 '
East along the Gat line of said Southeast V., a distance of 764 . 769
rotors (2 , 509 . 06 feet ) to a point on the gasoline of Survey for State
Road No . 60 as shown on the Florida Dspartment of Transportation Right
Of Nay Nap for Section 68060-2S29i thence North 51 ' 03 ' 2D' test along
said Baseline of Survey • diatoms of 32 . 497 amara (106 . 63 East ) ;
thence South 38 ' 56 . 400 West at a right angle to said Baseline of survey
a distance of 76 . 453 Patera (250 . 63 fast ) to the POINT OF BSOINNINO,
thence South 89 '26. 20' Neat , a distance of 60 . 221 meters (197 . 58 fart)
to A point on a curve concave Northeasterly, having a chord bearing of
South 53 ' 48 . 250 Rapti thence Southeasterly along said curve, having a
radius of 4 , 761 . 800 meters ( 15 , 688 . 29 feet ) , through a central angle of
OD ' 34 ' 34 • and an arc distance of 48 . 090 meters ( 157 . 78 feet ) to the end
Of said curves thence North 36028453 ' East , a distance of 36 . 006 meters
( 116 . 14 feet) to the POINT OF BROINNINO .
Containing 663 . 9 square meters (9 , 299 square feet ) , sore or less .
'ltu fcaom olnP tw 0.739E
Yki} conE •lding ;/ . 7396 hectares ( 7 . 827 acro.) , more or leo .
TOUTHER with all tenements , hereditaments and appurten m,es
thereto belonging or in anywise appertaining .
TO HAVE AND TO NOIR, the same in fee sieTle forever.
AND the grantor hereby covenants with said grantee that the
grantor is lawfully seized of said land in too simple , that the grantor
has good right and lawful authority to sell and convey Paid land ; that
the grantor hereby Cully warrants the title to Paid land and will
defend the same against the lawful claims of all persons whomsoever ,
and that maid land is free of all encumbrances .
tit
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IN NITNSSS NNSASOP , the said grantor has signed and sealed theme
presents the day and year first above Written .
ATTESTt PADOiTT CASSK L . L . C . a
Print Nemec P coneoy L m ted L s ty
anr
Its Secretary
Ryt SRS
Its S . N . Smith
Signed , sealed and delivered in
the presence of (Teo witMmeN
or corporate Deal required by
Florida Law)
(Corporate Seal)
PzSnt Name t .JO[�L Lne. �Y[ �"'
Print Nem o,<1* P,p/ri? mss .&1zp v
STATS OF FLORIDA
dT. LryC
COUNTY OF LNiHAN— AVR
The foregoing instrument was acknowledged before me this /L
day of _ September , T00�_ ley
Of PADOSTT =K 'L. L'. C '4a 'flarida Limited
L slit C' n,on De o the Company, w s persona y known
to me or w as produced
as ' anti ication .
r
mcuae MWGM time
e" w22 M
Print Name
Notary Public in andor t e
County and State last aforesaid .
Ny Cowissipn Espireen
Serial No . , if anyi _
rn
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CD
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to
EXHIBIT "B"
Conservation Easement
i
Project Name : Padgett Creek LLC Conservation Easement
DEED OF CONSERVATION EASEMENT
THIS GRANT OF CONSERVATION EASEMENT is made this day, by
PADGETT CREEK LLC, whose address is c/o Ray Smith , 4776 Old Dixie Highway,
Vero Beach , Florida 32967 ("Grantor") , in favor of INDIAN RIVER COUNTY, a political
subdivision of the State of Florida , c/o Community Development Department, 1801 27th
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 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 Padgett Creek, LLC 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 .
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 il . 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 ;
• Protection of surface water quality, the Floridan Aquifer, wetlands , and riparian
areas .
2
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.
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 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 Purpose 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.
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
3
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 .
G . 1 . For purposes of this Conservation Easement , the following shall be
included in the term "Grantor":
a . Padgett Creek LLC , a Florida Limited Liability Company
b . Elson R . Smith , Jr. family, which shall consist of Elson R . Smith , Jr. , his spouse and
any lineal descendant of Elson R . Smith , Jr. and his spouse .
c. R . William Becker family, which shall consist of R . William Becker, his spouse , any
lineal descendant of R. William Becker or any lineal descendant of the spouse of R .
William Becker.
This right of notice shall not be triggered by sales or transfers between or among the
Grantors and such transfers shall be defined as follows: Gifts to family members;
transfers to family members by way of descent , intestate succession, devise or
distribution pursuant to a validly probated Will or Trust Agreement; transfers to entities
controlled by either the R . William Becker family or the Elson R. Smith Jr. family or to a
trust in which family members beneficially own or control more than a sixty percent
(60%) interest therein , determined actuarially. In determining whether the interest is
beneficially owned -or controlled by family members under a Trust Agreement or entity,
current owners , income and principal beneficiaries , whether discretionary or mandatory
and all reasonably ascertainable beneficiaries who would take if all income interests
immediately terminated shall be considered . Notwithstanding this provision , any
transferee shall take title to the fee encumbered by this Conservation Easement.
G .2 . Grantee acknowledges that there currently exists a Right of First Refusal
entered into on the 3rd 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
1261 pages 1607, Public Records of Indian River County. Any transferee pursuant to
such action shall take title to the fee encumbered by this Conservation Easement.
4
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 .
G . 1 . For purposes of this Conservation Easement, the following shall be
included in the term "Grantor":
a . Padgett Creek LLC , a Florida Limited Liability Company
b. Elson R. Smith , Jr. family , which shall consist of Elson R . Smith , Jr. , his spouse and
any lineal descendant of Elson R. Smith , Jr. and his spouse .
c. R . William Becker family, which shall consist of R. William Becker, his spouse , any
lineal descendant of R. William Becker or any lineal descendant of the spouse of R .
William Becker.
This right of notice shall not be triggered by sales or transfers between or among the
Grantors and such transfers shall be defined as follows: Gifts to family members;
transfers to family members by way of descent, intestate succession, devise or
distribution pursuant to a validly probated Will or Trust Agreement; transfers to entities
controlled by either the R. William Becker family or the Elson R . Smith Jr. family or to a
trust in which family members beneficially own or control more than a sixty percent
(60%) interest therein , determined actuarially. In determining whether the interest is
beneficially owned or controlled by family members under a Trust Agreement or entity,
current owners, income and principal beneficiaries, whether discretionary or mandatory
and all reasonably ascertainable beneficiaries who would take if all income interests
immediately terminated shall be considered . Notwithstanding this provision , any
transferee shall take title to the fee encumbered by this Conservation Easement.
G . 2 . Grantee acknowledges that there currently exists a Right of First Refusal
entered into on the 3rd 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
1261 pages 1607, Public Records of Indian River County. Any transferee pursuant to
such action shall take title to the fee encumbered by this Conservation Easement.
4
G . 3 . The Grantor further acknowledges that the Elson R. Smith , Jr. family and
the R. William Becker Family are in control of the Grantor hereunder and that there is a
right of first refusal agreement entered into between the two family units . This right of
notice shall not be triggered by any transfer from any member of the R . William
Becker family or the Elson R. Smith , Jr. family to a member of the other family pursuant
to such agreement . Any such transferee shall take title to the fee encumbered by this
Conservation Easement.
GA . 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
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.
I . 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 .
5
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 .
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 and permitted 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
6
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
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 it 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 in this Conservation Easement.
I . There shall be no operation of motorized vehicles except on established trails
and roads unless necessary: (i ) to protect or enhance the Conservation 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
Conservation Easement.
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 in this
Conservation Easement. 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.
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
8
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
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 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 area identified as improved pasture in the
Baseline Documentation . 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
9
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
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 .
HA . 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 subject to all then applicable development, building , and zoning requirements
and restrictions of Indian River County and Grantor may grant easements over and
under the Property for such purposes . Wells and 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 . 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.
I . The right to use and improve , up to the minimum road standards of
Okeechobee County, the existing access road to Grantor's Okeechobee County
property (herein , "Okeechobee Land") to allow for development on the Okeechobee
Land according to all then applicable development, building , and zoning requirements
and restrictions of Okeechobee County. If Grantor conveys a conservation easement
on the Okeechobee Land , or if Grantor conveys the Okeechobee Land in fee to a
conservation agency or organization , the right to improve the existing access road shall
terminate immediately upon such conveyance .
J . The right to replace the existing trailer as identified on the baseline
documentation with a permanent residential structure not to exceed "2,00Tsquare feet
not including porches or carport, subject to all then applicable development, building , fLL
and zoning requirements and restrictions of Indian River County. This residence shall
not be subdivided from the Property. New wires , lines , pipes, cables or other linear
facilities providing electrical , gas, water, sewer, communications or other utility services
to the allowed residence may be installed , maintained , repaired , removed , relocated
and replaced and Grantor may grant easements over and under the Property for such
purposes. Septic or other underground sanitary systems serving the residence may be
installed , maintained , repaired , or improved in accordance with applicable law,
10
regulation , and ordinance . Grantor may construct and maintain a permeable road in
the area identified as improved pasture in the Baseline Documentation as a driveway if
one does not already exist.
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 ,
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.
n
MONSOON IMMENSENESS
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
Parties; (2) the obligations specified in paragraph VIIIA. 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
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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
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, or Indian River Land Trust without consent of
Grantor. Grantee may assign its rights and obligations under this Easement only to a
governmental entity or nonprofit organization whose purposes include the conservation
of land or water areas or the preservation of sites or properties. 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 .
13
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 any way.
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.
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.
14
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.
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 : PADGETT CREEK LLC
Witnesses :
(sign) By:
Printed name : Elson R. Smith , Jr.
Managing Member
(sign )
Printed name :
STATE OF FLORIDA
COUNTY OF
The foregoing instrument was acknowledged before me this day of
, 20079 by Elson R . Smith , Jr. , Managing Member of Padgett Creek LLC,
a Florida limited liability company, on behalf of same . He is personally known to me or
who has produced as identification .
Signed
15
Printed
NOTARY PUBLIC
My Commission Expires:
GRANTOR : PADGETT CREEK LLC
Witnesses:
(sign )
By:
Printed name : R. William Becker
Managing Member
(sign )
Printed name :
STATE OF FLORIDA
COUNTY OF
The foregoing instrument was acknowledged before me this day of
, 2007 , by R. William Becker, Managing Member of Padgett Creek LLC ,
a Florida limited liability company, on behalf of same . He is personally known to me or
who has produced as identification .
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
16
By:
Chairman
Attest: J . K. Barton , Clerk
By:
Deputy Clerk
Approved as to form and legalsuffciency:
By
Marian E . Fell , Assistant County Attorney
17
SCHEDULE OF EXHIBITS
A. Legal Description of Property Subject to Easement
B . Map from Baseline Documentation
i
EXHIBIT "A"
LEGAL
t
Indian River County
Legal Description
Being those lands situate in Sections 22 , 26, 27 and 34, Township 32 South, Range 35 East,
Indian River County, Florida, lying South and West of State Route 60, as it is presently
located, said lands being more particularly described in instruments recorded in O. R. Book
892, at Page 2706; O. R. Book 1261 , at Page 1585 ; O. R. Book 1261 , at Page 1591 ; and in
O .R. Box 1521 , at Page 1067, copies of which are incorporated herein by reference.
LESS AND EXCEPT from the foregoing those lands as conveyed to the State of Florida
Department of Transportation by instruments recorded in O. R. Book 1350, at Page 2577;
O. R. Book 1432, at Page 1995 ; and in O. R. Book 1521 , at Page 1056.
EXHIBIT " B"
MAP FROM BASELINE DOCUMENTATION
t
EXHIBIT "C"
BENEFICIAL DISCLOSURE AFFIDAVIT
STATE OF FLORIDA
INDIAN RIVER COUNTY
BEFORE ME , the undersigned authority, ersonally appeared Els n R. Smith , Jr.
whose address isl lA /t � i1/� /�=fL i� /� rt _3j�94� j
("Affiant') who , being by me first worn , on oath , cTeposes and says :
1 . Affiant is the Managing Member of Padgett Creek, LLC , a Florida limited
liability company ("Company' ).
2 . The Company 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 Managing Member of such Company, 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 percentage interest held by same as of today are
as follows :
Elson R . Smith , Jr. 50 %
4776 Old Dixie Highway
Vero Beach , Florida 32967
R . William Becker 50 %
582 Beachland Blvd . , Suite 300
Vero Beach , Florida 32960
5 . The above disclosure is made to the Chairman of the Indian River County
Board of County Commissioners , as required under Section 286 . 23 , Florida
Statutes .
6 . Affiant has made the disclosure contained herein under oath subject to and
with full knowledge of the penalties prescribed for perjury under the laws of
the State of Florida .
FURTHER AFFIANT SAYETH NAUGHT.
By r I C 1
z
c Elson R. Smith , Jr. , Managing Member
Date J G}
V
I HEREBY CERTIFY that the foregoing instrume t was subs ribed and sworn and to before
me this 22 day of n 2007, by
Managing Member of
Dae�i trt Ca c _ 11 .tn a Florida limited liability company, on behalf
of s He is personally known to me or produced the following
identification :
Notary Public:
Sig
Stamped seal with name , Commission
Number & Expiration Date
NOTARY PUBLIC-STATE OF FLOPUP
Suzette M. Nichols
Commission # DDS54594
My Comm . Expires: 01/06/2005
2
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.
10 . Property investigation requirements are as follows:
i
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 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.
2
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 .
FCT Survey Procedures
rev. 11/04 t
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.
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 that the property conveyed is the same property described in the
commitment. Any referenced encumbrance , except liens , listed in Schedule B , section Il ,
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/.
FCT Survey Procedures
rev. 11 /04 2
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;
A. Two paper copies of the signed and sealed final certified survey;
B . Geographic Information System data provided as a shapefile (ArcView or ArcMap),
with projection , datum , and units specified , on CD . The shapefile should contain the
boundary of the acquired parcel(s) 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
rev. 11 /04 3