HomeMy WebLinkAbout2006-386 � Dnh 3 T6,
REAL ESTATE EXCHANGE AGREEMENT
Between
INDIAN RIVER COUNTY AND CHRISTINE BROWNING
This Agreement entered into this 7th day of November, 2006 between Indian River County, a
political subdivision of the State of Florida ("the County") 1840 25th Street, Vero Beach, Florida
32960; and Christine Browning, a single woman, 1926 Highland Drive, Vero Beach, Florida
32960 ("Ms. Browning") dated this 7th day of November , 2006 .
WHEREAS, the County plans widening and improvements to 9th Street SW (Oslo
Road) that will require the utilization of part Ms. Browning ' s property located at 810 9th Street
SW, Vero Beach, Florida; and
WHEREAS, the County owns a parcel of land adjacent to Ms. Browning and both
parcels abut Oslo Road; and
WHEREAS, the County and Ms. Browning hereby agree to an exchange of portions of
their respective properties as follows :
a. The County hereby agrees to convey a portion of its property (identified on Exhibit
"A", attached) containing 2,550 square feet to Ms . Browning, and in exchange
b. Ms. Browning agrees to convey a portion of her property (identified on Exhibit
"B", attached) containing 2,474. 5 square feet to the County; and
WHEREAS, each party is indivisibly seized of their respective parcel of property and
shall convey marketable title to their respective parcel by warranty deed free of claims, liens,
easements, and encumbrances , but subject to property taxes for the year of closing; and
WHEREAS, this Exchange Agreement is subject to final approval by the Indian River
County Board of County Commissioners (BCC) through the adoption of a Resolution . Such an
exchange is allowed under Section 125 . 37, Florida Statutes. Notice is required to be published
once a week for two weeks before consideration by the BCC .
NOW THEREFORE, in consideration of the mutual terms , conditions, promises and
covenants hereinafter, Christine Browning and the County agree as follows :
1 . The above recitals are true and correct and incorporated by reference into this agreement.
2. The County agrees to convey to Ms . Browning the portion of land lying immediately east of
her property, consisting of 2, 550 square feet (0. 06 acres) as depicted on Exhibit A attached.
3 . At the same time, Ms. Browning agrees to convey to the County the southern portion of her
property located at 810 9th Street SW, Vero Beach, Florida, consisting of 2,474. 55 square feet
(0. 06 acres) as depicted on Exhibit B attached.
4 . Each party shall convey marketable title to their respective parcels by warranty deed free of
claims, liens, easements , encumbrances and property taxes prorated for the year of closing.
5 . County shall be responsible for preparation of all Closing documents.
a. County shall pay the following expenses at Closing:
The cost of recording the warranty deed and any release or satisfaction obtained by Seller
pursuant to this Agreement.
6 . Seller shall pay the following expenses at or prior to Closing :
All costs necessary to cure title defect(s) or encumbrances, other than the permitted
exceptions, and to satisfy or release of record all existing mortgages, liens or
encumbrances upon the ROW Property.
7 . In the event a dispute arises over this agreement, the Seller and County shall each pay their
own attorneys' fees and costs .
8 . This Agreement constitutes the entire agreement between the parties with respect to this
transaction and supersedes all prior agreements, written or oral .
IN WITNESS WHEREOF, the undersigned have executed this Agreement as of the date first set
forth above.
Christine Browning Indian Riven County Board of County
Commissioners , .
-�7
Christine Brownin
a ' C ` lteeler , Vice Chairman
Date Signed : // 4 J9 - BaNd Slgne NnvAmher 7 2006
Attest : J. K. Barton, Clerk
Approved as to orm d leg 1 sufficiency:
By By: !. C
County Attorney Deputy Clerk
By: zo(1�e t /V
Real Estate Acquisition Agent
80 0 40 80 160
LEGAL DESCRIPTION I I
THE NORTH 85 FEET OF THE SOUTH 180 FEET OF THE GRAPHIC SCALE ( IN FEET )
WEST 30 FEET OF THE SOUTHEAST Y4 OF SECTION 24 , 1 inch = 80 \ ft.
TOWNSHIP 33 SOUTH , RANGE 39 EAST, ACCORDING TO
THE LAST GENERAL PLAT OF THE LANDS OF THE INDIAN N
RIVER FARMS COMPANY RECORDED IN PLAT BOOK 2 , a H INDIAN RIVER COUNTY
PAGE 25 OF THE PUBLIC RECORDS OF ST. LUCIE 65' i o 1 v
COUNTY, FLORIDA. -39 - 00000-7000-00010. 1
CONTAINING 2 , 550 SQUARE FEET, MORE OR LESS , OR ; "
0 . 06 ACRES . BROWNING,
NOW LYING IN INDIAN RIVER COUNTY, FLORIDA. N CHRISTINE c �-
NOTES f 24-33-39 m 0
100' 00000 R W LINE
1 . THIS SKETCH AND DESCRIPTION IS NOT VALID WITHOUT THE R/W LINE 5000
00011 .0 w
SIGNATURE AND ORIGINAL RAISED SEAL OF THE FLORIDA - -- - z
REGISTERED SURVEYOR AND MAPPER NAMED HEREON . 6s' ^ I � 3
2 . THIS SKETCH AND DESCRIPTION MEETS OR EXCEEDS ALL iM
6 ° I / R/w TRANSFER PER o
APPLICABLE REQUIREMENTS OF THE MINIMUM TECHNICAL R/WLINE J SEPARATE INSTRUMENT o
STANDARDS AS ESTABLISHED IN CHAPTER 61G17 - 6 , 0
FLORIDA ADMINISTRATIVE CODE. sEcrloN LINE
In
a CORNER SECTION LINE
3 . THIS SKETCH AND DESCRIPTION AND ADJOINING PARCELS CANAL R/W LINE O S L O = R 0 A A o
0 0
MAY BE SUBJECT TO EASEMENTS , RESTRICTIONS , RESER - n 0 0
VATIONS , OR RIGHT- OF-WAYS NOT SHOWN AND MAY BE ROAD R W LINE o o a a
FOUND IN THE PUBLIC RECORDS . w M a N
4 . THIS SKETCH AND DESCRIPTION DOES NOT REPRESENT A CANAL R w LINE 0
FIELD SURVEY. EXISTING PROPERTY CONDITIONS OR FEATURES
ARE NOT SHOWN .
a
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LEGEND & ABBREVIATIONS n
P . B . = PLAT BOOK IEXHIBIT�"A " m
PG . =PAGE o
CERTIFICATION R /W= RIGHT- OF-WAY
SURVEYOR AND MAP;PR 11 RESPONSI3LE CHARGE O . R . B . OFFICIAL RECORD BOOK w
I . R . C . R . = INDIAN RIVER COUNTY RECORDS
13 A, THIS IS NOT A BOUNDARY SURVEY 0
BRIER P S . M 18 DATE
FLORIDALREGISTRATION N0 : 611SKETCH TO ACCOMPANY LEGAL DESCRIPTION 0
FLORI �
INDIAN RIVER COUNTY SURVEYOR PREPARED FOR INDIAN RIVER COUNTY ENGINEERING DEPARTMENT a
NDIAN RIVER COUNTY ADMINISTRATION BUILDING ' DRAWN BY: SECTION 24 SHEE
/No/AN RIVER COUNTY SKETCH AND DESCRIPTION OF
IRO EACH, LSTREET B. R. TOWNSHIP 335
DEPARTMENT OF PUBLIC WORKS 1
VERO BEACH, FL 32960 APPROVED BY: A PORT/ON OF OSLO ROAD /
(772) 567-8000 ENG/NEER/NG DIVISION M. O. B. RANGE 39E 1
LEGAL DESCRIPTION 80 0 40 80 160{
THE EAST 65 FEET OF THE SOUTH 38 . 07 FEET OF
THE NORTH 150 FEET OF THE SOUTH 180 FEET OF THE GRAPHIC SCALE ( IN FEET )
SOUTH )/2 OF THE EAST Y2 OF THE EAST Y2 OF THE 1 inch = 80 ft.
SOUTHEAST Y4 OF THE SOUTHWEST Y4 OF SECTION 24 , Sm
TOWNSHIP 33 SOUTH , RANGE 39 EAST ACCORDING TO 7 y
THE LAST GENERAL PLAT OF THE LANDS OF THE INDIAN 4 < INDIAN RIVER couNTr
RIVER FARMS COMPANY RECORDED IN PLAT BOOK 2 , ON
PAGE 25 OF THE PUBLIC RECORDS OF ST. LUCIE ss' z of 30' I 1 v
COUNTY, FLORIDA. 15124- 33-39 -00000- 7000-00010. 1
CONTAINING 2 , 474 . 55 SQUARE FEET, MORE OR LESS , 3 Nim i A
LNE
mlm h — PARCEL TRANSFER
OR 0 . 06 ACRES . aI I � OF LAND PER o_
NOW LYING IN INDIAN RIVER COUNTY , FLORIDA . SEPARATE INSTRUMENT100' 30R;W LINER/W LINE� � (�T��
w
JyES J
1 . THIS SKETCH AND DESCRIPTION IS NOT VALID WITHOUT THE 3 N
SIGNATURE AND ORIGINAL RAISED SEAL OF THE FLORIDA o a
REGISTERED SURVEYOR AND MAPPER NAMED HEREON . o R/W LINE 0 N
2 . THIS SKETCH AND DESCRIPTION MEETS OR EXCEEDS ALL SECTION LINE n
i
APPLICABLE REQUIREMENTS OF THE MINIMUM TECHNICAL 4 CORNS SECTION LINE
n
0
STANDARDS AS ESTABLISHED IN CHAPTER 61G17 - 6 , CANAL R/W LINE O S L O _2 o R 0 A D K
FLORIDA ADMINISTRATIVE CODE. o
ROAD R/W LINE o a
3 . THIS SKETCH AND DESCRIPTION AND ADJOINING PARCELS N o za a
MAY BE SUBJECT TO EASEMENTS , RESTRICTIONS , RESER — CANAL R W LINE w
NATIONS , OR RIGHT— OF—WAYS NOT SHOWN AND MAY BE +
3
FOUND IN THE PUBLIC RECORDS . �I
4 . THIS SKETCH AND DESCRIPTION DOES NOT REPRESENT A
FIELD SURVEY . EXISTING PROPERTY CONDITIONS OR FEATURES
ARE NOT SHOWN . LEGEND & ABBREVIATIONS a
P . B . = PLAT BOOK ,EXHIBIT
PG . = PAGE
CERTIFICATION R/W= RIGHT— OF— WAY
SURVEYOR AND MAPPER IN RESPONSI8LE +. , C,,HARGE O . R . B . = OFFICIAL RECORD BOOK J
I . R . C . R . = INDIAN RIVER COUNTY RECORDS
ze" ,�. 5� jaG, ` THIS IS NOT A BOUNDARY SURVEY
3
MICHAEL O ' BRIEN P . S . MDATE
FLORIDA REGISTRATION NO 6T,6 SKETCH TO ACCOMPANY LEGAL DESCRIPTION
a
INDIAN RIVER COUNTY SURVEY633 , _ PREPARED FOR INDIAN RIVER COUNTY ENGINEERING DEPARTMENT Q
NDIAN RIVER COUNTY ADMINISTRATION BUILDING + �` • DRAWN B1" SECTION 24
/ND/AN RIVER COUNTY
1840 25TH SDREET DEPARTMENT OF PUBL/C WORKS B R. SKETCH AND DESCR/PT/ON OF /
VERO BEACH, FL az98o APRRovEO er: TOWNSHIP 33S A PORT/ON OF OSLO ROAD
(n2) 567-8000 ENG/NEER/NG DIVISION M. O. B. RANGE 39E
Parcels #33-39-24-00000-7000-00010. 1 C ' , }3
This document was prepared
by and should be returned to.,
Indian River County Attorney's Office
1840 25th Street
Vero Beach, FL 32960
COUNTY DEED
INDIAN RIVER COUNTY, FLORIDA
THIS DEED , is made this 7th day of November, 2006 , by and between INDIAN
RIVER COUNTY, FLORIDA, a political subdivision of the State of Florida , party of
the first part , whose address is 1840 25th Street, Vero Beach , Florida 32960 , and
CHRISTINE BROWNING , party of the second part, whose address is 1926 SW
Highlands Drive , Vero Beach , FL 32962 .
Witnesseth : That the said party of the first part, for and in consideration of the
sum of Ten Dollars to it in hand paid by the party of the second part , receipt whereof is
hereby acknowledged , has granted , bargained , and sold to the party of the second part,
its heirs and assigns forever, the following described lands lying and being in Indian
River County , Florida :
SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF
IN WITNESS WHEREOF the said party of the first part has caused these
presents to be executed in its name by its Board of County Commissioners , acting by
the Chairman of said Board , the day and year aforesaid .
INDIAN RIVER COUNTY, FLORIDA
By its Board of County Commissioners
Attest: J . K. Barton , Clerk
By r'� , � JLZ� By 1 11,ILl
Deputy Clerk Gary l-lheeler , Vice Chairman
(Official Seal ) BCC approved : 11 /7/2006
Approved as to form and
legal
sufficiency:
illiam K. DeBraal
Assistant County Attorney
80 0 40 80 160
LEGAL DESCRIPTION L I
THE NORTH 85 FEET OF THE SOUTH 180 FEET OF THE GRAPHIC SCALE ( IN FEET )
WEST 30 FEET OF THE SOUTHEAST )'4 OF SECTION 24 , 1 inch = 80 \ ft.
TOWNSHIP 33 SOUTH , RANGE 39 FAST, ACCORDING TO y
THE LAST GENERAL PLAT OF . THE LANDS OF THE INDIAN y �
INDIAN RIVER COUNTY
RIVER FARMS COMPANY RECORDED IN PLAT BOOK 2 , o i
PAGE 25 OF THE PUBLIC RECORDS OF ST. LUCIE 65' Z o
COUNTY, FLORIDA. ' -39 -00000- 7000-00010. 1
CONTAINING 2 , 550 SQUARE FEET, MORE OR LESS , OR 3 " ' ;n -)3
0 . 06 ACRES .
BROWNING
o,
NOW LYING IN INDIAN RIVER COUNTY, FLORIDA .
woo 24-33-39 � m
NOTES 100' 00000 1 R/W LINE
1 . THIS SKETCH AND DESCRIPTION IS NOT VALID WITHOUT THE R/W LINE soon
000t t .o w
SIGNATURE AND ORIGINAL RAISED SEAL OF THE FLORIDA - - - - z
REGISTERED SURVEYOR AND MAPPER NAMED HEREON . 65' too 3
2 . THIS SKETCH AND DESCRIPTION MEETS OR EXCEEDS ALL i � � I � R/W TRANSFER PER m
APPLICABLE REQUIREMENTS OF THE MINIMUM TECHNICAL R/W6 LINE SEPARATE INSTRUMENT o 0
STANDARDS AS ESTABLISHED IN CHAPTER 61G17 - 6 , o
FLORIDA ADMINISTRATIVE CODE. SECTION LINE CORNER SECTION LINE _
3 . THIS SKETCH AND DESCRIPTION AND ADJOINING PARCELS CANAL R W LINE O S L O R O A D w
MAY BE SUBJECT TO EASEMENTS , RESTRICTIONS , RESER — n o ko
VATIONS , OR RIGHT— OF— WAYS NOT SHOWN AND MAY BE ROAD R W LIN o o a N a
FOUND IN THE PUBLIC RECORDS . w M o N
4. THIS SKETCH AND DESCRIPTION DOES NOT REPRESENT A CANAL R W LINE 3
FIELD SURVEY. EXISTING PROPERTY CONDITIONS OR FEATURES �I o
ARE NOT SHOWN . <
a
c�
w
J
LEGEND & ABBREVIATIONS
P . B . = PLAT BOOK LEXHIBIT. A "
PG . = PAGE o
CERTIFICATIONR/W= RIGHT— OF —WAY m
r O . R . B . = OFFICIAL RECORD BOOK w
SURVEYOR AND� MAPP9.R II`� RESPl NSI,BLE CHARGE LR . C . R . = INDIAN RIVER COUNTY RECORDS
y�� THIS IS NOT A BOUNDARY SURVEY o
ICHtw AEL O BRIEN PSM • " ^ •s . DATE SKETCH TO ACCOMPANY LEGAL DESCRIPTION
FLORIDA REGISTRATION NO . 6118SURVEYOR
PREPARED FOR INDIAN RIVER COUNTY ENGINEERING DEPARTMENT <
INDIAN RIVER COUNTY SURURVEYOR
NDIAN RIVER COUNTY ADMINISTRA71ON BUILDIN /ND/AN RIVER COUNTY DRAM" BR SECTION 24 SKETCH AND DESCR/PT/ON OF SH;'
VERO BEkCH STREET 2960 DEPARTMENT OF PURL/C WORKS ,SPR p a,,. TOWNSHIP 33S A PORT/ON OF OSLO ROAD /
(772) 567-8000 ENG/NEER/NG D/Y/S/0A M. 0. RANGE S9E 1