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HomeMy WebLinkAbout2009-064 L.. A L AGREEMENT TO PURCHASE AND SELL REAL ESTATE THIS AGREEMENT TO PURCHASE AND SELL REAL ESTATE ("Agreement") is made and entered into as of the loth _ day of Marsh , 2009 by and between BRM , LLC . (" Sellers") and Indian River County , a political subdivision of the State of Florida ("County") , who agree as follows : 1 . Agreement to Purchase and Sell . The Seller hereby agrees to sell to the County, and the County hereby agrees to purchase from Seller, upon the terms and conditions set forth in this Agreement, that a portion of certain parcels (2 ) of real property located at 2040 40th Ave . and 3900 20th Street Vero Beach, County of Indian River, State of Florida, parcel I . D . # 33 - 39 - 03 -00007 - 0060 -00006 . 0 , 33 . 39- 03 - 00007 -0030- 00007 . 0 and more specifically described in Exhibit "A ," containing approximately 1 , 742 . 36 square feet , more or less , and all improvements thereon, together with all easements , rights and uses now or hereafter belonging thereto (collectively, the "Property") . 2 . Purchase Price , Effective Date . The purchase price (the "Purchase Price") for the Property shall be Thirty-Four-Thousand - Eight- Hundred-Forty- Seven- Dollars & 00/ 100 ($ 34 , 847 . 00) . The Purchase Price shall be paid on the Closing Date . The Effective Date of this Agreement shall be the date upon which the County shall have approved the execution of this Agreement, either by approval by the Indian River County Board of County Commissioners at a formal meeting of such Board or by the County Administrator pursuant to his delegated authority . 3 . Title . Seller shall convey marketable title to the Property by warranty deed free of claims, liens , easements and encumbrances of record or known to Seller; but subject to property taxes for the year of Closing and covenants , restrictions and public utility easements of record provided (a) there exists at Closing no violation of any of the foregoing ; and (b) none of the foregoing prevents County' s intended use and development of the Property . 3 . 2 County may order an Ownership and Encumbrance Report with respect to the Property . County shall , within thirty (30) days from receipt of the Ownership and Encumbrance Report, deliver written notice to Seller of title defects . Title shall be deemed acceptable to County if (a) County fails to deliver notice of defects within the time specified, or (b) County delivers notice and Seller cures the defects within thirty (30) days from receipt of notice from County of title defects (" Curative Period") . Seller shall use best efforts to cure the defects within the Curative Period and if the title defects are not cured within the Curative Period, County shall have thirty (30) days from the end of the Curative Period to elect, by written notice to Seller, to : (i) to terminate this Agreement, whereupon shall be of no further force and effect, or (ii ) extend the Curative Period for up to an additional 90 days ; or (iii) accept title subject to existing defects and proceed to closing . 4 . Representations of the Seller. 4 . 1 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 . 4 . 2 From and after the Effective Date of this Agreement , Seller shall take no action which would impair or otherwise affect title to any portion of the Property , and shall record no documents in the Public Records which would affect title to the Property, without the prior written consent of the County . 4 . 3 There are no existing or pending special assessments affecting the Property , which are or may be assessed by any governmental authority, water or sewer authority, school district, drainage district or any other special taxing district . 5 . Default, 5 . 1 In the event of a default by the County, the Seller shall be entitled, as its sole remedy hereunder, to terminate this Agreement , and neither the Seller nor any other person or party shall have any claim for specific performance , damages or otherwise against the County . 5 . 2 In the event the Seller shall fail to perform any of its obligations hereunder, the County shall be entitled to : (i) terminate this Agreement by written notice delivered to the Seller at or prior to the Closing Date , and pursue all remedies available hereunder and under applicable law; (ii) obtain specific performance of the terms and conditions hereof, or (iii) waive the Seller ' s default and proceed to Closing : 6 . Closing , 6 . 1 The closing of the transaction contemplated herein ("Closing" and " Closing Date") shall take place within 45 days following the Effective Date of this Agreement. The parties agree that the Closing shall be as follows : (a) The Seller shall execute and deliver to the County a warranty deed conveying marketable title to the Property, free and clear of all liens and encumbrances and in the condition required by paragraph 3 . (b) The Seller shall have removed all of its personal property and equipment from the Property and Seller shall deliver possession of the Property to County vacant and in the same or better condition that existed at the Effective Date hereof. (c) If Seller is obligated to discharge any encumbrances at or prior to Closing and fails to do so , County may use a portion of Purchase Price funds to satisfy the encumbrances . ( d) The Seller shall deliver to the County an affidavit, in form acceptable to the County, certifying that the Seller is not a non-resident alien or foreign entity, such that the Seller and such interest holders are not subject to tax under the Foreign Investment and Real Property Tax Act of 1980 . ( e) The Seller and the County shall each deliver to the other such other documents or instruments as may reasonably be required to close this transaction . 7 . Pro-rations . All taxes and special assessments which are 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 by the Seller. If the Closing Date occurs during the time interval commencing on November 2 and ending on December 31 , Seller shall pay all current real estate taxes and special assessments levied against the Property, prorated based on the "due date" of such taxes established by the taxing authority having jurisdiction over the Property . If the Closing Date occurs between January 1 and November 1 , the Seller shall, in accordance with Florida Statutes Section 196 . 295 , pay an amount equal to the current real estate taxes and assessments , prorated to the Closing Date . 8 . 0 Miscellaneous , 8 . 1 Controlling Law. This Agreement shall be construed and enforced in accordance with the laws of the State of Florida. Venue shall be in Indian River County for all state court matters, and in the Southern District of Florida for all federal court matters . 8 . 2 Condemnation. In the event that all or any part of the Property shall be acquired or condemned for any public or quasi -public use or purpose , or if any acquisition or condemnation proceedings shall be threatened or begun prior to the Closing of this transaction, County shall have the option to either terminate this Agreement, and the obligations of all parties hereunder shall cease, � iSnUinc:ringU �uhcrt V ` ehh43rd ave . capilA \4 rd Aac� ire .Ave l.,an �iAcqt.iisition \13RPvTL4 . CRC?CiTpura��. rcel 12408 . dnc or to proceed, subject to all other terms , covenants , conditions , representations and warranties of this Agreement, to the Closing of the transaction contemplated hereby and receive title to the Property; receiving, however, any and all damages , awards or other compensation arising from or attributable to such acquisition or condemnation proceedings . County shall have the right to participate in any such proceedings . 8 . 3 Entire Agreement This Agreement constitutes the entire agreement between the parties with respect to this transaction and supersedes all prior agreements , written or oral, between the Seller and the County relating to the subject matter hereof Any modification or amendment to this Agreement shall be effective only if in writing and executed by each of the parties . 8 . 4 Assignment and Binding Effect Neither County nor Seller may assign gn its rights and obligations under this Agreement without the prior written consent of the other parry . The terms hereof shall be binding upon and shall inure to the benefit of the parties hereto and their successors and assigns . 8 . 5 Notices . Any notice shall be deemed duly served if personally served or if mailed by certified mail , return receipt requested, or if sent via "overnight'' courier service, as follows : If to Seller : Rick Root BRM , LLC 3755 20th Place Vero Beach, FL 32960 If to County: Indian River County 180127`}' Street, Vero Beach, FL 32960 Attn : Bob Webb Land Acquisition Either party may change the information above by giving written notice of such change as provided in this paragraph. 8 . 6 Survival and Benefit. Except as otherwise expressly provided herein, each agreement, representation or warranty made in this Agreement by or on behalf of either or in an instruments delivered pursuant hereto or in connection herewith, shall survive the Clo nig Date and the consummation of the transaction provided for herein. The covenants , agreements and undertakings of each of the parties hereto are made solely for the benefit of, and may be relied on only by the other party hereto , its successors and assigns , and are not made for the benefit of, nor may they be relied upon, by any other person whatsoever. 8 . 7 Attorney ' s Fees and Costs In any claim or controversy arising out of or relating to this Agreement, each party shall bear its own attorney ' s fees, costs and expenses . 8 . 8 . Counterparts . This Agreement may be executed in two or more counterparts , each one of which shall constitute an original . 8 . 9 . County Approval Required : This Agreement is subject to approval by Indian River County as set forth in paragraph 2 . 8 . 10 Beneficial Interest Disclosure : In the event Seller is a partnership , limited partnership, corporation, trust, or any form of representative capacity whatsoever for others, Seller shall provide a fully completed, executed, and sworn beneficial interest disclosure statement in the form attached to this Agreement as an exhibit that complies with all of the provisions of Florida Statutes Section 286 . 23 prior to approval of this Agreement by the County. However, pursuant to Florida Statutes Section 286 .23 (3 ) (a) , the beneficial interest in any entity registered with the Federal Securities and I +�� nginc iiii '� Rohert P✓ ebh\-i3rd avc . capital \-43rd \ NrcAv3rd JAVU Land ilcc� ui �; ifior�At'sRNILLCRC30Tpwa e. el 1 "408 . doc Exchange Commission, or registered pursuant to Chapter 517 , Florida Statutes, whose interest is for sale to the general public , is exempt from disclosure ; and where the Seller is a non-public entity, that Seller is not required to disclose persons or entities holding less than five (5 %) percent of the beneficial interest in Seller. 8 : 11 " Seller acknowledges receipt of the "Notice to Owner" and understand � is er rights granted under Florida Law Chapters 73 and 74 . " CL8. (initial) IN WITNESS WHEREOF, the undersigned have executed this Agreement as of the date first set forth above . SELLERS INDIAN RIVER COUNTY, FLORIDA BRM, LLC BOARD OF COUNTY COMMISSIONERS 1378 - ck L . Root , anage Wesley S . Daivis , a"rrnan Date Signed : ,Z ' 9 Date Signed : March 10 , 2009 ATTEST : J . K. Barton, Clerk By : Deputy Clerk Date Signed : 3 � f )c '? By : seph Baird, County Administrator Dat igned : _ I � e i J Appv s to f a Sufficiency : By illiam K . D Braa Deputy County Attorney i � F' n � in uin ��lPobert V ehb\� 3rel tive . ca � , tail4� rd - Ave\ l3rci Aye Land . lcyuisitio »ABI : MLL. CR : ) Oh� ura__ree1124US . cioc EXHIBIT SKETCH TO ACCOMPANY DESCRIPTION . THIS IS NOT A SURVEY1 w ' Ai I j _ 126 i 21ST PLACE QI i - - ( w 125 1 � Lu 124 � ¢ O .�. - Z IW w , '> IZ> D 104 i I ' 106 1 101 105 , ' 109 110 ' 1 11 112 1 Irn 114 I - - - - - - - - I - - - - I ►� STATE ROUTE 60 107 108 - - � - - 100 1 1 I I 103 1 1 113 1 102 I I I I I I II I I I w I II I 123 w w L' j W I Z i I W I 1 ZI I z Z i I 122 � j ¢ QLJ I Ia 1 I ¢ o 1 , 121 I lNICE 20 U _ ; i 119 I 19TH STREET > 118 i 1 i i 11 I II 117 � I 116 • I I II 115 I I I1 IscALE : N . T . S .i ; it ' LE . 18TH STREET I L___ _ _ ___J II � I U PROJECT MANAGER DEPARTMENT MANAGER SCALE: CHECKED BY ARCADIS o P.0 W P.0 W P.0 W P.C.W. SHEET TITLE DATE: DRAWN BY ti SKETCH OF DESCRIPTION KEYMAP 11 - -06 J ,A. F. ARCADIS G & M , INC . m FOR S.R. 60 do 43RD AVENUE RIGHT—OF—WAY PROJECT NUMBER DRAWING NUMBER 2081 Vista Parkway Tel: (561 ) 697-7000 Fax: (561 ) 697-7751 AQUISMON PARCEL NO, 112 Q WP001027 1027SD13A West Palm Beach. Florida 33411 www.arcadis-us.com SHEET 1 OF 4 EXHIBIT " A " LAND DESCRIPTION : PARCEL 112 A PORTION OF A PARCEL OF LAND DESCRIBED IN OFFICIAL RECORDS BOOK 757 , PAGE 1921 OF THE PUBLIC RECORDS OF INDIAN RIVER COUNTY , FLORIDA , BEING A PORTION OF LOTS 6 AND 7 , BLOCK 31 SEMINOLE PARK , ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 1 , PAGE 26 AND A PORTION OF LOT 1 , BLOCK 3 , JACOBY HEIGHTS , ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 1 , PAGE 31 ALL OF THE PUBLIC RECORDS OF INDIAN RIVER COUNTY , FLORIDA , LYING , SITUATED AND BEING IN SECTION 3 , TOWNSHIP 33 SOUTH , RANGE 39 EAST , INDIAN RIVER COUNTY , FLORIDA , BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS .0 v ! j w COMMENCE AT THE EAST ONE - QUARTER ( r . 1 / 4 ) CORNER OF SAID SECTION 3 ; THENCE SOUTH 89031104 " EAST , ALONG THE EAST - WEST ONE - QUARTER ( E . 1 / 4 ) LINE OF SAID SECTION , A DISTANCE OF 19275 . 53 FEET ; THENCE NORTH 00' 28 ' 56 " EAST , A DISTANCE OF 50 . 00 FEET TO A POINT ON THE SOUTH LINE OF SAID LOTS 1 , 6 & 7 AND TO THE POINT OF BEGINNING OF HEREIN DESCRIBED PARCEL OF LAND ; THENCE NORTH 00' 02 ' 04 " WEST , A DISTANCE OF 7 . 24 FEET ; THENCE SOUTH 8803346 " EAST , A DISTANCE OF 150 . 05 FEET TO A POINT ON THE EAST LINE OF SAID LOT 1 ; THENCE SOUTH , ALONG SAID EAST LINE , A DISTANCE OF 4 . 74 FEET TO A POINT ON THE SOUTH LINE OF SAID LOTS 1 , 6 & 7 ; THENCE NORTH 89031 ' 04 " WEST , ALONG SAID SOUTH LINE , A DISTANCE OF 150 . 01 FEET THE POINT OF BEGINNING . CONTAINING 0 . 021 ACRES , MORE OR LESS , SUBJECT TO EASEMENTS , RESERVATIONS AND RIGHT - OF - WAYS OF RECORD . BEARINGS SHOWN HEREON ARE BASED ON THE EAST WEST ONE - QUARTER SECTION LINE OF SAID SECTION 3 , HAVING A BEARING OF SOUTH 89 ' 31 ' 04 " EAST . ALL BEARINGS ARE RELATIVE THERETO , CERTIFICATION : I HEREBY CERTIFY THAT THE DESCRIPTION AND ATTACHED SKETCH OF DESCRIPTION WERE PREPARED IN ACCORDANCE WITH THE SURVEYING STANDARDS , CHAPTER 61 G17 - 6 , FLORIDA ADMINISTRATIVE CODE , AS SET FORTH BY THE FLORIDA BOARD OF PROFESSIONAL SURVEYORS & MAPPERS , PURSUANT TO SECTION 472 . 027 , FLORIDA STATUTES , AND IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE AND BELIEF . NOTE . THIS IS NOT A SKETCH OF SURVEY , BUT ONLY A GRAPHIC DEPICTION OF THE DESCRIPTION SHOWN HEREON , R C . WHITE THERE HAS BEEN NO FIELD WORK , VIEWING OF THE SUBJECT PROFESSIONAL SURVEYOR & MAPPER PROPERTY , OR MONUMENTS SET IN CONNECTION WITH THE N0 . 4213 , STATE OF FLORIDA PREPARATION OF THE INFORMATION SHOWN HEREON . DATE : 11 - 1206 NOTE : LANDS SHOWN HEREON WERE NOT ABSTRACTED FOR RESTRICTIONS , RIGHTS - OF - WAY AND EASEMENTS OF RECORD. z PROJECT MANAGER DEPARTMENT MANAGER SCALE : CHECKED BY A � m P.C.W. P .C.W. 1 " : 30' P.C.W- CAD1S SHEET TITLE DATE: DRAWN BY SKETCH OF DESCRIPTION 11 — - 06 JAY, ARCADIS G&M, INC. m FOR S.R. 60 dt 43RD AVENUE RIGHT — OF—WAY PROJECT NUMBER DRAWING NUMBER 2081 Vista Parkway Tel : (561 ) 697-7000 Fax: (561 ) 697-7751 AOUISITION PARCEL NO. 112 WP001027 1027SD13B Q West Palm Beach, Florida 33411 www.arcadis-us . com SHEET 2 OF 4 EXHIBIT " A " SKETCH TO ACCOMPANY DESCRIPTION . THIS IS NOT A SURVEY! SCALE : N . T . S . O5 r�3 ) N89 ' 33 ' 05 "W I 150 . 08 ' 2 . 05 ' 55 . 00 ' 2 I n B4 � 11LOCK 3 Res060 � sea : � :• : � : :: ...an :,.. . �. : � : . N BLOCK 3 > ► .B. f, PG. 26 MR) , :, • r„ oveso a me - I Q 408 9 a go an 04 04 (P.B. 1, PG. 1 ••• IRCR) Q tL nes 0 _ W� 5600 ' I OWNER : SMI w GREAT WESTERN BANK 0 o O . R . B . 757 , PG . 1921 0l C:) N o +68. 74 o z_ Z 39. 74 ' L T. ►�I OCD- ' 1 12 V) I 112 z n C) + 18. 77 �J I - _ S88' 33 '46 "E 150. 05 ' 37.24 ' LT. 22 . 05 ' P . 0 . 6 . w I N89'31mr— ' 04"W 150. 01 ' S . W . CORNER � EXISTING / SOUTH LINE N00' 00 ' 00 "E LOT 8 0 i o R/W LINE LOTS 1 , 6 & 7 4 . 74' j olio cV 2656 + 00 2657+ 00 +41. 14 I Z j S89. 31 ' 04 "E s89 "3 ' 'o4 "E STATE ROUTE 60 1275 . 53 ' — _ _ _ ( OS_CEOLA_ BO_UL_EV_ARD — _ - - - - _ _ � S89 '31 '04 'E I - ( 20TH STREET) (BEARING BASE) j P • O • C • SURVEY PER F . D • 0 • T EAST 1 /4 CORNER EAST- WEST 1 / 4 R/W MAP - PROJ . NO 88060 - 2525 SEC . 3 - 33 - 39 SECTION LINE W. P . I NOR 2286271 SHEET 30 OF 32 STAR 126+87. 93 3 - 33 - 39 NOTE : SEE SHEET 4 OF 4 FOR LEGEND U = PROJECT MANAGER DEPARTMENT MANAGER SCALE: CHECKED BY ARCADIS PCW PCW. P C.W P.C.W. a SHEET TITLE � ro DATE: DRAWN 8Y ° SKETCH OF DESCRIPTION 11 - -06 J.A.F. ARCADIS G&M, INC. m FOR S.R. 60 do 43RD AVENUE RIGHT—OF—WAY PROJECT NUMBER DRAWING NUMBER s 2081 Vista Parkway Tel: (561 ) 697-7000 Fax: (561 ) 697-7751 AQUISMON PARCEL N0, 112 WP001027 1027SD13B Q West Palm Beach , Florida 33411 www.arcadis-us.com SHEET 3 OF 4 EXHIBIT " A " SKETCH TO ACCOMPANY DESCRIPTION , THIS IS NOT A SURVEY! LEGEND : - BASELINE - CENTERLINE F . D . O . T . - FLORIDA DEPARTMENT OF TRANSPORTATION I . R . C . R . - INDIAN RIVER COUNTY RECORDS N . T . S . - INDIAN RIVER COUNTY RECORDS O . R . B . - OFFICIAL RECORDS BOOK P . B . - PLAT BOOK PGS . - PAGES P . O . B . - POINT OF BEGINNING P . O . C . - POINT OF COMMENCEMENT R/W - RIGHT - OF- WAY SEC . - SECTION S . L . C . R . - ST . LUCIE COUNTY RECORDS 102 - ACQUISITION PARCEL NUMBER loo - ADJOINING PARCEL NUMBER - LOT NUMBER U = PROJECT MANAGER OEPARTMENi MANAGER SCALE: CHECKED BY ARCADIS c P.CW. P.C.W. P.C.W P.C.W. �+ SHEET TITLE DATE: DRAWN BY �? SKETCH OF DESCRIPTION 11 - -06 J.A.F. ARCADIS G& M, INC. m FOR S.R. 60 do 43RD AVENUE RIGHT—OF—WAY PROJECT NUMBER DRAWING NUMBER 2081 Vista Parkway Tel: (561 ) 697-7000 Fax: (561 ) 697-7751 AQUISMON PARCEL NO. 112 WPO01 O27 1027SD13B Q West Palm Beach, Florida 33411 www.arcadis-us.com SHEET 4 OF 4 EXHIBIT "A " SKETCH TO ACCOMPANY DESCRIPTION , THIS IS NOT A SURVEY! UJ t � � � I r I 126 Q I 21ST PLACE I a 125 124 \G; _ I w rill WI > I W = / 104 I I , 106 , >101 105 - - - - - - - - - - I - - - I 109 110 1121 114 � — — — — STATE ROUTE 60 Oil 1103 I 107 108 t 102 113 I r I 1 it I I I 123 W ' Lu gz LLJ Li 122 I > , I W Q ¢ > I I > I , z WI p Q ¢ > I , 121 CN _ ¢ 1 120 I Idp- 1 = 1 I 119 Z I , 19TH STREET - >I 118 117 � I 116 I I I I I 1 I II r I I I 1 1 n I II I I , 115 I I I r ( SCALL NTS ; ' 118 H — — L-- _ _ —___ � I I t , STREET �--- _ _ PROJECT MANAGER DEPARTMENT MANAGER SCALE: ARCADISP.0 W P.C.W. CHECKED BY m SHEET TITLE P.C. W. _ P. C. W. ARCADIS G & M , INC . o DAOF DESCRIPTION KEYMAP DA�.- -06 DRAWN BY 2081 Vista Parkway m FOR S.R. 60 k 43RD AVENUE RIGHTOF_WAY J A.F Q West Palm Beach, Florida 33411 Tel: (561 ) 697-7000 Fax: (561 ) 697-7751 AQUISITION P PROJECT NUMBER DRAWING NUMBER www.arcadis-us.com PARCEL N0. 111 SHEET 1 OF 4 WPOO1027 1027SD12A EXHIBIT " A " LAND DESCRIPTION : PARCEL III A PORTION OF A PARCEL OF LAND DESCRIBED IN OFFICIAL RECORDS BOOK 1010 , PAGE 154 OF THE PUBLIC RECORDS OF INDIAN RIVER COUNTY , FLORIDA , BEING A PORTION OF LOTS 7 AND 89 BLOCK 3 , SEMINOLE PARK , ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 19 PAGE 26 OF THE PUBLIC RECORDS OF INDIAN RIVER , FLORIDA , LYING , SITUATED AND BEING IN SECTION 3 , TOWNSHIP 33 SOUTH , RANGE 39 EAST , INDIAN RIVER COUNTY , FLORIDA , BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS : W t✓sv COMMENCE AT THE EAS ONE - QUARTER (,e 1 /4) CORNER OF SAID SECTION 3 ; THENCE SOUTH 89031904 " EAST , ALONG THE EAST - WEST ONE - QUARTER ( E . 1 / 4) LINE OF SAID SECTION , A DISTANCE OF 19175 . 53 FEET ; THENCE NORTH 00' 2856 " EAST , A DISTANCE OF 50 . 00 FEET TO THE SOUTHWEST CORNER OF SAID LOT 8 AND THE POINT OF BEGINNING OF HEREIN DESCRIBED PARCEL OF LAND ; THENCE NORTH 00 ' 02 ' 04 " WEST , ALONG THE WEST LINE OF SAID LOT 8 , A DISTANCE OF 8 . 91 FEET ; THENCE SOUTH 88' 33 ' 46 " EAST , A DISTANCE OF 100 . 03 FEET ; THENCE SOUTH 00 ° 02 ' 04 " EAST , A DISTANCE OF 7 . 24 FEET TO A POINT ON THE SOUTH LINE OF SAID LOTS 7 AND 8 ; THENCE NORTH 89 ' 31 ' 04 " WEST , ALONG SAID SOUTH LINE , A DISTANCE OF 100 . 00 FEET TO THE POINT OF BEGINNING , CONTAINING 0 . 019 ACRES , MORE OR LESS . SUBJECT TO EASEMENTS , RESERVATIONS AND RIGHT - OF - WAYS OF RECORD . BEARINGS SHOWN HEREON ARE BASED ON THE EAST WEST ONE - QUARTER SECTION LINE OF SAID SECTION 39 HAVING A BEARING OF SOUTH 89 ' 31 ' 04 " EAST . ALL BEARINGS ARE RELATIVE THERETO . CERTIFICATION : I HEREBY CERTIFY THAT THE DESCRIPTION AND ATTACHED SKETCH OF DESCRIPTION WERE PREPARED IN ACCORDANCE WITH THE SURVEYING STANDARDS , CHAPTER 61 G17 - 6 , FLORIDA ADMINISTRATIVE CODE , AS SET FORTH BY THE FLORIDA BOARD OF PROFESSIONAL SURVEYORS & MAPPERS , PURSUANT TO SECTION 472 . 0279 FLORIDA STATUTES , AND IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE AND BELIEF . r j' NOTE : THIS IS NOT A SKETCH OF SURVEY , BUT ONLY A GRAPHIC DEPICTION OF THE DESCRIPTION SHOWN HEREON . PE , Y WHITE THERE HAS BEEN NO FIELD WORK , VIEWING OF THE SUBJECT PROFESSIONAL SURVEYOR & MAPPER PROPERTY, OR MONUMENTS SET IN CONNECTION WITH THE N0 . 4213 , STATE OF FLORIDA PREPARATION OF THE INFORMATION SHOWN HEREON , DATE : 1 1 - 12- 06 NOTE : LANDS SHOWN HEREON WERE NOT ABSTRACTED FOR RESTRICTIONS , RIGHTS - OF-WAY AND EASEMENTS OF RECORD . C] = PROJECT MANAGER DEPARTMENT MANAGER SCALE: CHECKED BY A R CA D I S o P.CW. PCW 1 ° = 30' P. C.W. V SHEEP TITLE DATE: DRAWN BY N SKETCH OF DESCRIPTION 11 — —Ds J .A.F. ARCADIS G& M, INC. m FOR S.R. 60 do 43RD AVENUE RIGHT—OF—WAY PROJECT NUMBER DRAWING NUMBER 2081 Vista Parkway Tel: (561 ) 697-7000 Fax: (561 ) 697-7751 AQUISmON PARCEL N0, 111 WP00 027 1027S D 12 B 2191 fWest Palm Beach, Florida 33411 www.arcadis-us .com SHEET 2 OF 4 EXHIBIT " A " SKETCH TO ACCOMPANY DESCRIPTION , THIS IS NOT A SURVEY! 35400 ' o SCALE : N . T . S . S89031 ' 04 " E 100 . 00 ' .� 55 . 00 ' W I E5 , 00 ' z w a z � BLOCK 3 Q Q 3:: Lij� I .B. t, PG. 26 - IRCR3 O� in I _ 12) � � O O O � o ~ 0 I- 0 0 � �-' z OWNER : I GREAT WESTERN BANK , FSB w a O . R . B . 1010 , PG . 154 I d- 0 N 'C*4 +68. 72 o +68. 74 O . 4 L410 L T. 111 z 39. 74 ' L T. Z � S00'02 ' 04 "E I S88033 '46 "E100. 03 ' 7 . 24 — 112 55 . 02 rn 55. 00 ' P, °i 45 . 00 ' P . O . B . —[ S . W . CORNER w I N89 31 04 "W 100 . 00 ' LOT 8 ° o SOUTH LINE I +34. 10 00 I o LOTS 7 & 8 Ln EXISTING `" I o ci R/W LINE ( z I 2655 + 00 � 2656 + 00 I S89 ' 31 ' 04 "E 1175 . 53 ' I STATE ROUTE 60 S89 '31 '04 'E ( OSCEOLA _ BOULEVARD ) _ (BEARING BASE) ( 20TH STREET) S89 .31 '04 "E j P. O . C . SURVEY PER F . D . O . T EAST 1 / 4 CORNER R/W MAP - PROJ . NO 88060 - 2525 EAST- WEST 1 /4 SEC . 3 - 33 - 39 W . P . I NO . 2286271 SHEET 30 OF 32 SECTION LINE 3 - 33 - 39 STA : 126+87. 93 NOTE : SEE SHEET 4 OF 4 FOR LEGEND U PROJECT MANAGER DEPARTMENT MANAGER SCALE: CHECKED BY ARCADIS PCW PC.W P.CW. P.CW. ro SHEET TITLE DATE: DRAWN BY Ll oSKETCH OF DESCRIPTION 11 - -Ds J.A.F. ARCADIS G& M, INC. m FOR S.R. 60 do 43RD AVENUE RIGHT—OF—WAY PROJECT NUMBER DRAWING NUMBER 2081 Vista Parkway Tel: (561 ) 697-7000 Fax: (561 ) 697-7751 AQUISITION PARCEL NO. 111WP001027 1027SD12B West Palm Beach, Florida 33411 www.arcadis-us.com SHEET 3 OF 4 EXHIBIT " A " SKETCH TO ACCOMPANY DESCRIPTION . THIS IS NOT A SURVEY! LEGEND : - BASELINE - CENTERLINE F . D . O . T . - FLORIDA DEPARTMENT OF TRANSPORTATION I . R . C . R . - INDIAN RIVER COUNTY RECORDS N . T . S . - INDIAN RIVER COUNTY RECORDS O . R . B . - OFFICIAL RECORDS BOOK P . B . - PLAT BOOK PGS . - PAGES P . O . B . - POINT OF BEGINNING P . O . C . - POINT OF COMMENCEMENT R /W - RIGHT - OF- WAY SEC . - SECTION S . L . C . R . - ST. LUCIE COUNTY RECORDS 102 - ACQUISITION PARCEL NUMBER goo - ADJOINING PARCEL NUMBER 0 - LOT NUMBER U PROJECT MANAGER DEPARTMENT MANAGER SCALE: CHECKED BY ARCADIS PCW P.C.W PCW P.CW. w SHEET TITLE DATE: DRAWN BY SKETCH OF DESCRIPTION 11 - -06 J.A.F. ARCADIS G& M, INC. FOR S.R. 60 k 43RD AVENUE RIGHT-OF-WAY PROJECT NUMBER DRAWING NUMBER 2081 Vista Parkway Tel: (561 ) 697-7000 Fax: (561 ) 697-7751 AOUISMON PARCEL NO. III WP001027 1027SD12B Q West Palm Beach. Florida 33411 www.arudis-us.com SHEET 4 OF 4