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HomeMy WebLinkAbout2009-113 Dov gr AGREEMENT TO PURCHASE AND SELL REAL E0) 1 N ,At THIS AGREEMENT TO PURCHASE AND SELL REAL ESTATE ( "Agreement ' is made and entered into as of the21 day of 6Qri 1 2009 by and between Indian River County, a political subdivision of the State of Florida (" County") , and SDGR, LLC a Florida limited liability company ( " Sellers ") , 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 certain parcel of real property located at 825 Old Dixie Highway VeroBeach FL (see attached Exhibit "A ") County of Indian River , State of Florida and more specifically described on Exhibit "A " attached hereto and incorporated by this reference containing approximately 833. 0 square feet , 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 Tl: ree-tliousand-three-hundred- Thirty-two-and 00/00 Dollars ($3, 332. 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 ( " Permitted Exceptions " ) . 3 . 1 County may order an Ownership and Encumbrance Report or Title Insurance Commitment with respect to the Property . County shall within fifteen ( 15 ) days following the Effective Date of this Agreement 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 . 3There are no existing or pending special assessments affecting the Property , which are or FAEngineering\Robert Webb\SDGRLLCROWPU RAG REE . doc - I - Dov gr AGREEMENT TO PURCHASE AND SELL REAL E0) 1 N ,At THIS AGREEMENT TO PURCHASE AND SELL REAL ESTATE ( "Agreement ' is made and entered into as of the21 day of 6Qri 1 2009 by and between Indian River County, a political subdivision of the State of Florida (" County") , and SDGR, LLC a Florida limited liability company ( " Sellers ") , 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 certain parcel of real property located at 825 Old Dixie Highway VeroBeach FL (see attached Exhibit "A ") County of Indian River , State of Florida and more specifically described on Exhibit "A " attached hereto and incorporated by this reference containing approximately 833. 0 square feet , 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 Tl: ree-tliousand-three-hundred- Thirty-two-and 00/00 Dollars ($3, 332. 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 ( " Permitted Exceptions " ) . 3 . 1 County may order an Ownership and Encumbrance Report or Title Insurance Commitment with respect to the Property . County shall within fifteen ( 15 ) days following the Effective Date of this Agreement 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 . 3There are no existing or pending special assessments affecting the Property , which are or FAEngineering\Robert Webb\SDGRLLCROWPU RAG REE . doc - I - 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 the County shall fail to perform any of its obligations hereunder , the Seller shall , at its sole option , be entitled to : ( i ) terminate this Agreement by written notice delivered to the County 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 County ; or ( ii ) waive the County ' s default and proceed to Closing . 5 . 2 In the event the Seller shall fail to perform any of its obligations hereunder , the County 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 County nor any other person or party shall have any claim for specific performance , damages or otherwise against the Seller ; or ( 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 60 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 ) lf the Seller is a non - resident alien or foreign entity , Seller shall deliver to the County an affidavit , in a form acceptable to the County , certifying that the Seller and any 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 . 6 . 2 Taxes . 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 prior to the Closing Date . 7 , Closing Costs : Expenses . County shall be responsible for preparation of all Closing documents . 7 . 1 County shall pay the following expenses at Closing : F : \Engineering\RobertWebb\SDGRLLCROWPtJRAGREE . doc - 2 - 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 the County shall fail to perform any of its obligations hereunder , the Seller shall , at its sole option , be entitled to : ( i ) terminate this Agreement by written notice delivered to the County 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 County ; or ( ii ) waive the County ' s default and proceed to Closing . 5 . 2 In the event the Seller shall fail to perform any of its obligations hereunder , the County 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 County nor any other person or party shall have any claim for specific performance , damages or otherwise against the Seller ; or ( 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 60 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 ) lf the Seller is a non - resident alien or foreign entity , Seller shall deliver to the County an affidavit , in a form acceptable to the County , certifying that the Seller and any 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 . 6 . 2 Taxes . 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 prior to the Closing Date . 7 , Closing Costs : Expenses . County shall be responsible for preparation of all Closing documents . 7 . 1 County shall pay the following expenses at Closing : F : \Engineering\RobertWebb\SDGRLLCROWPtJRAGREE . doc - 2 - 7 . 1 . 1 The cost of recording the warranty deed and any release or satisfaction obtained by Seller pursuant to this Agreement . 7 . 1 . 2 Documentary Stamps required to be affixed to the warranty deed . 7 . 1 . 3 All costs and premiums for the owner' s marketability title insurance commitment and policy , if any . 7 . 2 Seller shall pay the following expenses at or prior to Closing : 7 . 2 . 1 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 Property . 8 . Miscellaneous . 8 . 1 Controllinq 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 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 . 3Assignment and BindingEffect . Neither County nor Seller may assign its rights and obligations under this Agreement without the prior written consent of the other party . The terms hereof shall be binding upon and shall inure to the benefit of the parties hereto and their successors and assigns . 8ANotices . 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 or facsimile transmission , as follows : If to Seller : SDGR, LLC 2800 Cardinal Drive Vero Beach , FL 32963 If to County : Indian River County 1801 27 th Street , Vero Beach , FL 32960 Attn : Land Acquisition R . Webb Either party may change the information above by giving written notice of such change as provided in this paragraph . 8 . 5Survival and Benefit . Except as otherwise expressly provided herein , each agreement, representation or warranty made in this Agreement by or on behalf of either party, or in any instruments delivered pursuant hereto or in connection herewith, shall survive the Closing 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 . 6Attorney ' 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 . 7 . Counterparts . This Agreement may be executed in two or more counterparts , each one of F: \Engineering\Roberi Webb\SDGRLLCROWPURAGREE . doc - 3 - 7 . 1 . 1 The cost of recording the warranty deed and any release or satisfaction obtained by Seller pursuant to this Agreement . 7 . 1 . 2 Documentary Stamps required to be affixed to the warranty deed . 7 . 1 . 3 All costs and premiums for the owner' s marketability title insurance commitment and policy , if any . 7 . 2 Seller shall pay the following expenses at or prior to Closing : 7 . 2 . 1 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 Property . 8 . Miscellaneous . 8 . 1 Controllinq 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 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 . 3Assignment and BindingEffect . Neither County nor Seller may assign its rights and obligations under this Agreement without the prior written consent of the other party . The terms hereof shall be binding upon and shall inure to the benefit of the parties hereto and their successors and assigns . 8ANotices . 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 or facsimile transmission , as follows : If to Seller : SDGR, LLC 2800 Cardinal Drive Vero Beach , FL 32963 If to County : Indian River County 1801 27 th Street , Vero Beach , FL 32960 Attn : Land Acquisition R . Webb Either party may change the information above by giving written notice of such change as provided in this paragraph . 8 . 5Survival and Benefit . Except as otherwise expressly provided herein , each agreement, representation or warranty made in this Agreement by or on behalf of either party, or in any instruments delivered pursuant hereto or in connection herewith, shall survive the Closing 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 . 6Attorney ' 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 . 7 . Counterparts . This Agreement may be executed in two or more counterparts , each one of F: \Engineering\Roberi Webb\SDGRLLCROWPURAGREE . doc - 3 - which shall constitute an original . 8 . 8 . County Approval Required : This Agreement is subject to approval by the Indian River County as set forth in paragraph 2 . 8 . 913eneficial 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 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 . 10 " Seller acknowledges receipt of the " Notice to Owner" and understands his/her rights granted under Florida Law Chapters 73 and 74 . " (NLA.1 Initial IN WITNESS WHEREOF , the undersigned have executed this Agreement as of the date first set forth above . SELLER . INDIAN RIVER COUNTY,' FLORIDA SDGR , LLC , a Florida limited BOARD OF COUNTY COMMISSIONERS Liability compan 1� 40007 B;, �� -- Ro ree eld , Gen . Mgr . Wesley S . Davis , Chairman : ; Date igned : ` 0000000�� Date Signed : 8pri1 21 ,' Approved as to form and Legal su ' ciency : Attest : J . K . Barton , Clerk By By William K . Debraa Deputy Clerk Deputy County Attorney Date Signed : April 21 , 2009 Indian River County Board of County Commissioners : J eph Baird , County Admin strator F :\Engineeting\RobertWebb\SDGRLLCROWPUR-AGREE . doc - 4 - which shall constitute an original . 8 . 8 . County Approval Required : This Agreement is subject to approval by the Indian River County as set forth in paragraph 2 . 8 . 913eneficial 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 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 . 10 " Seller acknowledges receipt of the " Notice to Owner" and understands his/her rights granted under Florida Law Chapters 73 and 74 . " (NLA.1 Initial IN WITNESS WHEREOF , the undersigned have executed this Agreement as of the date first set forth above . SELLER . INDIAN RIVER COUNTY,' FLORIDA SDGR , LLC , a Florida limited BOARD OF COUNTY COMMISSIONERS Liability compan 1� 40007 B;, �� -- Ro ree eld , Gen . Mgr . Wesley S . Davis , Chairman : ; Date igned : ` 0000000�� Date Signed : 8pri1 21 ,' Approved as to form and Legal su ' ciency : Attest : J . K . Barton , Clerk By By William K . Debraa Deputy Clerk Deputy County Attorney Date Signed : April 21 , 2009 Indian River County Board of County Commissioners : J eph Baird , County Admin strator F :\Engineeting\RobertWebb\SDGRLLCROWPUR-AGREE . doc - 4 - LEGAL DESCRIPTION : PARCEL 2 ( PROPOSED RIGHT OF WAY) NOTES IT A PORTION OF THOSE LANDS AS RECORDED IN OFFICIAL RECORDS BOOK 1 . THIS SKETCH OF DESCRIPTION IS NOT VALID WITHOUT THE 1794 , PAGE 1505 , OF THE PUBLIC RECORDS OF INDIAN RIVER COUNTY, SIGNATURE AND THE ORIGINAL RAISED SEAL OF THE FLORIDA FLORIDA, FOR THE PURPOSE OF OBTAINING ADDITIONAL RIGHT OF WAY REGISTERED SURVEYOR AND MAPPER NAMED HEREON , FOR OLD DIXIE HIGHWAY; SAID LANDS LYING IN SECTION 12 , TOWNSHIP 2 . THIS SKETCH OF DESCRIPTION MEETS OR EXCEEDS ALL SOUTH , RANGE 39 EAST, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS : APPLICABLE REQUIREMENTS OF THE MINIMUM TECHNICAL STANDARDS AS FO ESTABLISHED IN CHAPTER 61G17 - 6 , FLORIDA ADMINISTRATIVE CODE . COMMENCE AT THE SOUTHWEST CORNER OF SAID SECTION 12 ; THENCE 1 THIS SKETCH AND DESCRIPTION WAS PREPARED WITH THE BENEFIT OF RUN S89 ' 41023 "E , ALONG THE SOUTH LINE OF SAID SECTION 12 , A OF AN OWNERSHIP AND ENCUMBRANCE REPORT PREPARED BY DISTANCE OF 1851 . 93 FEET; THENCE DEPARTING SAID SOUTH LINE RUN ATLANTIC COASTAL TITLE CORPORATION FOR INDIAN RIVER COUNTY, N00' 10 ' 36 " E , PARALLEL WITH THE WEST LINE OF SAID SECTION 12 , A ON THE DATE OF APRIL 19 , 2007 . ( ACTC REPORT No . 27075868 ) DISTANCE OF 40 . 15 FEET TO A POINT ON THE NORTHERLY RIGHT OF WAY LINE OF 8th STREET (A 70 FOOT WIDE RIGHT OF WAY) AS DESCRIBED IN 4, THE EXISTING TOPOGRAPHY SHOWN HEREON WAS TAKEN FROM A OFFICIAL RECORDS BOOK 67 , PAGE 308 , FOR A POINT OF BEGINNING ; . TOPOGRAPHIC SURVEY PREPARED BY INDIAN RIVER COUNTY PERSONEL 3 THENCE RUN N35' 53 ' 45 "E A DISTANCE OF 28: 85 FEET; THENCE RUN ON THE DATE OF 3 - 28- 07 . THE PROPOSED SIDEWALK WAS TAKEN N1652 ' 02 "W , PARALLEL WITH AND 7 . 00 FEET WESTERLY OF THE FROM THE ENGINEERING PLANS FOR THE 8th STREET SIDEWALK , WESTERLY RIGHT OF WAY LINE OF OLD DIXIE HIGHWAY ( RIGHT OF WAY PREPARED BY INDIAN RIVER COUNTY PERSONNEL ON THE DATE OF J VARIES ) AS SHOWN ON SHEET 3 OF 3 OF THE STATE ROAD DEPARTMENT 6 - 11 - 07 . RIGHT OF WAY MAP FOT GLENDALE ROAD ( SECTION 8858 - 151 ) , A 5. THE BEARINGS SHOWN HEREON ARE BASED UPON THE SOUTH LINE DISTANCE OF 80 . 71 FEET TO THE MOST SOUTHWESTERLY CORNER OF THE OF SECTION 12 , TOWNSHIP 33 SOUTH , RANGE 39 EAST, AS HAVING AN Lunj PARCEL OF LAND DESCRIBED IN OFFICIAL RECORDS BOOK 411 , PAGE ASSUMED BEARING OF S89 '41 ' 23 " E. o 445 ; THENCE RUN N00010 ' 36 " E, PARALLEL WITH THE WEST LINE OF SAID SECTION 12 , A DISTANCE OF 21 . 52 FEET TO THE MOST SOUTHEASTERLY 6 , THE 80 FOOT WIDE RIGHT OF WAY FOR OLD DIXIE HIGHWAY AS CORNER OF SAID LANDS PER OFFICIAL RECORDS BOOK411 , PAGE 445 ; SHOWN ON THE RIGHT OF WAY MAP FOR STATE ROAD No . 605, PER W THENCE RUN S18052202 " E , ALONG SAID WESTERLY RIGHT OF WAY LINE OF P . B . 9 , PG . 79 , WAS NEVER DEDICATED . IT IS THE OPINION OF THE w OLD DIXIE HIGHWAY , A DISTANCE OF 93 . 33 FEET TO THE POINT OF INDIAN RIVER COUNTY PUBLIC WORKS DIRECTOR AND SURVEYOR THAT n CURVATURE OF A TANGENT CURVE CONCAVE NORTHWESTERLY AS THE RIGHT OF WAY STILL REMAINS 66 FEET WIDE, UNLESS AN r RECORDED IN OFFICIAL RECORDS BOOK 67 , PAGE 308 , SAID CURVE ADJOINING PROPERTIES DEED REFERENCES THE RIGHT OF WAY AS m HAVING A RADIUS OF 25 . 00 FEET; THENCE RUN ALONG THE ARC OF SAID SHOWN ON SAID PLAT. CURVE THROUGH A CENTRAL ANGLE OF 102' 51 ' 19 " 1 AN ARC DISTANCE OF % 44 . 88 FEET TO THE POINT OF BEGINNING , U W CONTAINING : 833 SQUARE FEET, 0 . 02 ACRES , MORE OR LESS . P . 0 . C. = POINT OF COMMENCEMENT o L = ARC LENGTH P . T. = POINT OF TANGENT a LLC = LIMITED LIABILITY CORPORATION PROP = PROPERTY LEGEND & ABBREVIATIONS COR = CORNER ORB = OFFICIAL RECORDS BOOK R = RADIUS - E /P = EDGE OF PAVEMENT ( P ) = PLATTED COARSE AND /OR DISTANCE SEC = SECTION CL CENTERLINE FND = FOUND P . B . = PLAT BOOK SRD = STATE ROAD DEPARTMENT CB = CATCH BASIN HYDT = HYDRANT P . B . S . = St . LUCIE COUNTY PLAT BOOK WV = WATER VALVE _ CONIC = CONCRETE IR & C = IRON ROD AND CAP P . O . B . = POINT OF BEGINNING p = DELTA OR CENTRAL ANGLE CE I TI V) SUR M E 1 E NOT COMPLETEWITHOUT SHEET 2 OF 2 . _ W DAVIM . I THIS IS NOT A BOUNDARY SURVEY o . 9 T SKETCH TO ACCOMPANY LEGAL DESCRIPTION FLO A w INDIAN RIVER ASSISTANT COUNTY SURVEYOR PREPARED FOR INDIAN RIVER COUNTY ENGINEERING DEPARTMENT NDI,AN RIVER COUfJfY ADMINISTRATION BUILDING R /ND/ 4N R/ICER COUNTY DRAWN BY: SECTION 12 SHEET ° ' 27th STREET D. 51L ON SKETCH AND DESCRIPTION OF VERD BEACH , FL 32960 ? Depa been/ . of Pub/ic Works APPROVED BY: TOWNSHIP 3350 ( » 2 ) 567 8000 (4o , Engi� ee�ing Division 90 SIL ON RANGE 39E. PARCEL 2-PROPOSED RIGHT OF WAY of 2 LEGAL DESCRIPTION : PARCEL 2 ( PROPOSED RIGHT OF WAY) NOTES IT A PORTION OF THOSE LANDS AS RECORDED IN OFFICIAL RECORDS BOOK 1 . THIS SKETCH OF DESCRIPTION IS NOT VALID WITHOUT THE 1794 , PAGE 1505 , OF THE PUBLIC RECORDS OF INDIAN RIVER COUNTY, SIGNATURE AND THE ORIGINAL RAISED SEAL OF THE FLORIDA FLORIDA, FOR THE PURPOSE OF OBTAINING ADDITIONAL RIGHT OF WAY REGISTERED SURVEYOR AND MAPPER NAMED HEREON , FOR OLD DIXIE HIGHWAY; SAID LANDS LYING IN SECTION 12 , TOWNSHIP 2 . THIS SKETCH OF DESCRIPTION MEETS OR EXCEEDS ALL SOUTH , RANGE 39 EAST, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS : APPLICABLE REQUIREMENTS OF THE MINIMUM TECHNICAL STANDARDS AS FO ESTABLISHED IN CHAPTER 61G17 - 6 , FLORIDA ADMINISTRATIVE CODE . COMMENCE AT THE SOUTHWEST CORNER OF SAID SECTION 12 ; THENCE 1 THIS SKETCH AND DESCRIPTION WAS PREPARED WITH THE BENEFIT OF RUN S89 ' 41023 "E , ALONG THE SOUTH LINE OF SAID SECTION 12 , A OF AN OWNERSHIP AND ENCUMBRANCE REPORT PREPARED BY DISTANCE OF 1851 . 93 FEET; THENCE DEPARTING SAID SOUTH LINE RUN ATLANTIC COASTAL TITLE CORPORATION FOR INDIAN RIVER COUNTY, N00' 10 ' 36 " E , PARALLEL WITH THE WEST LINE OF SAID SECTION 12 , A ON THE DATE OF APRIL 19 , 2007 . ( ACTC REPORT No . 27075868 ) DISTANCE OF 40 . 15 FEET TO A POINT ON THE NORTHERLY RIGHT OF WAY LINE OF 8th STREET (A 70 FOOT WIDE RIGHT OF WAY) AS DESCRIBED IN 4, THE EXISTING TOPOGRAPHY SHOWN HEREON WAS TAKEN FROM A OFFICIAL RECORDS BOOK 67 , PAGE 308 , FOR A POINT OF BEGINNING ; . TOPOGRAPHIC SURVEY PREPARED BY INDIAN RIVER COUNTY PERSONEL 3 THENCE RUN N35' 53 ' 45 "E A DISTANCE OF 28: 85 FEET; THENCE RUN ON THE DATE OF 3 - 28- 07 . THE PROPOSED SIDEWALK WAS TAKEN N1652 ' 02 "W , PARALLEL WITH AND 7 . 00 FEET WESTERLY OF THE FROM THE ENGINEERING PLANS FOR THE 8th STREET SIDEWALK , WESTERLY RIGHT OF WAY LINE OF OLD DIXIE HIGHWAY ( RIGHT OF WAY PREPARED BY INDIAN RIVER COUNTY PERSONNEL ON THE DATE OF J VARIES ) AS SHOWN ON SHEET 3 OF 3 OF THE STATE ROAD DEPARTMENT 6 - 11 - 07 . RIGHT OF WAY MAP FOT GLENDALE ROAD ( SECTION 8858 - 151 ) , A 5. THE BEARINGS SHOWN HEREON ARE BASED UPON THE SOUTH LINE DISTANCE OF 80 . 71 FEET TO THE MOST SOUTHWESTERLY CORNER OF THE OF SECTION 12 , TOWNSHIP 33 SOUTH , RANGE 39 EAST, AS HAVING AN Lunj PARCEL OF LAND DESCRIBED IN OFFICIAL RECORDS BOOK 411 , PAGE ASSUMED BEARING OF S89 '41 ' 23 " E. o 445 ; THENCE RUN N00010 ' 36 " E, PARALLEL WITH THE WEST LINE OF SAID SECTION 12 , A DISTANCE OF 21 . 52 FEET TO THE MOST SOUTHEASTERLY 6 , THE 80 FOOT WIDE RIGHT OF WAY FOR OLD DIXIE HIGHWAY AS CORNER OF SAID LANDS PER OFFICIAL RECORDS BOOK411 , PAGE 445 ; SHOWN ON THE RIGHT OF WAY MAP FOR STATE ROAD No . 605, PER W THENCE RUN S18052202 " E , ALONG SAID WESTERLY RIGHT OF WAY LINE OF P . B . 9 , PG . 79 , WAS NEVER DEDICATED . IT IS THE OPINION OF THE w OLD DIXIE HIGHWAY , A DISTANCE OF 93 . 33 FEET TO THE POINT OF INDIAN RIVER COUNTY PUBLIC WORKS DIRECTOR AND SURVEYOR THAT n CURVATURE OF A TANGENT CURVE CONCAVE NORTHWESTERLY AS THE RIGHT OF WAY STILL REMAINS 66 FEET WIDE, UNLESS AN r RECORDED IN OFFICIAL RECORDS BOOK 67 , PAGE 308 , SAID CURVE ADJOINING PROPERTIES DEED REFERENCES THE RIGHT OF WAY AS m HAVING A RADIUS OF 25 . 00 FEET; THENCE RUN ALONG THE ARC OF SAID SHOWN ON SAID PLAT. CURVE THROUGH A CENTRAL ANGLE OF 102' 51 ' 19 " 1 AN ARC DISTANCE OF % 44 . 88 FEET TO THE POINT OF BEGINNING , U W CONTAINING : 833 SQUARE FEET, 0 . 02 ACRES , MORE OR LESS . P . 0 . C. = POINT OF COMMENCEMENT o L = ARC LENGTH P . T. = POINT OF TANGENT a LLC = LIMITED LIABILITY CORPORATION PROP = PROPERTY LEGEND & ABBREVIATIONS COR = CORNER ORB = OFFICIAL RECORDS BOOK R = RADIUS - E /P = EDGE OF PAVEMENT ( P ) = PLATTED COARSE AND /OR DISTANCE SEC = SECTION CL CENTERLINE FND = FOUND P . B . = PLAT BOOK SRD = STATE ROAD DEPARTMENT CB = CATCH BASIN HYDT = HYDRANT P . B . S . = St . LUCIE COUNTY PLAT BOOK WV = WATER VALVE _ CONIC = CONCRETE IR & C = IRON ROD AND CAP P . O . B . = POINT OF BEGINNING p = DELTA OR CENTRAL ANGLE CE I TI V) SUR M E 1 E NOT COMPLETEWITHOUT SHEET 2 OF 2 . _ W DAVIM . I THIS IS NOT A BOUNDARY SURVEY o . 9 T SKETCH TO ACCOMPANY LEGAL DESCRIPTION FLO A w INDIAN RIVER ASSISTANT COUNTY SURVEYOR PREPARED FOR INDIAN RIVER COUNTY ENGINEERING DEPARTMENT NDI,AN RIVER COUfJfY ADMINISTRATION BUILDING R /ND/ 4N R/ICER COUNTY DRAWN BY: SECTION 12 SHEET ° ' 27th STREET D. 51L ON SKETCH AND DESCRIPTION OF VERD BEACH , FL 32960 ? Depa been/ . of Pub/ic Works APPROVED BY: TOWNSHIP 3350 ( » 2 ) 567 8000 (4o , Engi� ee�ing Division 90 SIL ON RANGE 39E. PARCEL 2-PROPOSED RIGHT OF WAY of 2 Y f' . O . C . SW COR SEC 12 - 33 - 39 33- 39- 12- 00000- 5000- 00061 . 0 0 25 50 100 --- i i SANDERS, MARY LORRE FND 5/8 IR & C i nrnce C " CARTER & ASSOC . " - Z 30' R/W PO ' 40 ' R/W PE IPB 6 , PG 0 ORB 44 , PG 5 E C4 oW 1 11 I N ' LY i W ; -- - - -- --� --- -- -- ----- - - GRAPHIC SCALE m g I 16 R /W uN 1 - . 1`_ v ( IN FEET ) II mow � —� , _ : I > fr' _ 1 o Io O i y' 1P 0 (may N LoNO vl 1f ' N 1 1 N !ti I - W ff ,�, 1 O C) O i � i n v ) 1 -1 r V p �O i 3 "i y 1 (n m o I uio CD x i co cn Ico CT) i < y J D � ± o a � � :: I -0 v7 0O i rtD I w � '_ I (1,, ( �O .y 1 G) m o t x r� r PARALLEL WITH tHE W. x I 1m 1 I \ mom LINE OF SEC 1 - 33 - 39 z o o � '' N006 10 ' 3E % 1' co C.4 mi ' I 4 0o cn rrl Ln I M = z o * 21 . 52 ' o `n J 1 1 rnto cn CO I --i 0 M r ?J 4 CH I I �^+ i • LJ 0 _ � z u frl I ` I � t� o rn mo I z � 1 mll • I I NcTI � � CP �� �_ .7J � � = oma - -- — m $CI r 40 . 15 ' •� co o 11 £� z u f 2� r- oo 11 _ In o 102. 51 ' 19 „ +7 G _ _ ' S ��� LINE R/W Ipw m t = 25 . 00 ' uj 1 a c 1 " L= 44 . 88 4 0 F Y ILI? o a' 14 / `o B = S32 . 33 ' 38 "W ' GHYYF R /W PER O. R . B . 67 , NI o N / " G . 308) W a U °.0 'I' i Q forRly it 33 - 39 - 12- OOODD- 0 . O a cp n� �_ - - - ' i i � o DONATELLI, IREN S) a STANTON, JOI P N y 'z mph CD a - po o z NOT COMPLETE WITH T 0 ' W THIS IS NOT A BOUNDARY SURVEY pe i (.p� I 1 � Izl z SKETCH TO ACCOMPANY LEGAL DESCRIPTION W 33 - 39 - 13 - 00002 - 0020 - GOD24. 0 WELLINGTON , STEVENS u I PREPARED FOR INDIAN RIVER COUNTY ENGINEERING DEPARTMENT SECTION 12 SHEET NDIAN RIVER COUNTY ADMINISTRATION 13UII-DINC RIVEk /ND/AN R/ V£R COUNTY DRAWN BY: 2 18D1 27th STREET SKETCH AND DESCR/PT/ON OF / D. S/L ON vERo BEACH , FL 329so a Deportment of Pub/iC W94S APPROVED eY: TOWNSHIP 33S. PARCEL 2—PROPOSED RIGHT OF WAY ( 772 ) 567 - 8000 40RIOP Engineering Division D. S/L ON RANGE 39E. of 2 Y f' . O . C . SW COR SEC 12 - 33 - 39 33- 39- 12- 00000- 5000- 00061 . 0 0 25 50 100 --- i i SANDERS, MARY LORRE FND 5/8 IR & C i nrnce C " CARTER & ASSOC . " - Z 30' R/W PO ' 40 ' R/W PE IPB 6 , PG 0 ORB 44 , PG 5 E C4 oW 1 11 I N ' LY i W ; -- - - -- --� --- -- -- ----- - - GRAPHIC SCALE m g I 16 R /W uN 1 - . 1`_ v ( IN FEET ) II mow � —� , _ : I > fr' _ 1 o Io O i y' 1P 0 (may N LoNO vl 1f ' N 1 1 N !ti I - W ff ,�, 1 O C) O i � i n v ) 1 -1 r V p �O i 3 "i y 1 (n m o I uio CD x i co cn Ico CT) i < y J D � ± o a � � :: I -0 v7 0O i rtD I w � '_ I (1,, ( �O .y 1 G) m o t x r� r PARALLEL WITH tHE W. x I 1m 1 I \ mom LINE OF SEC 1 - 33 - 39 z o o � '' N006 10 ' 3E % 1' co C.4 mi ' I 4 0o cn rrl Ln I M = z o * 21 . 52 ' o `n J 1 1 rnto cn CO I --i 0 M r ?J 4 CH I I �^+ i • LJ 0 _ � z u frl I ` I � t� o rn mo I z � 1 mll • I I NcTI � � CP �� �_ .7J � � = oma - -- — m $CI r 40 . 15 ' •� co o 11 £� z u f 2� r- oo 11 _ In o 102. 51 ' 19 „ +7 G _ _ ' S ��� LINE R/W Ipw m t = 25 . 00 ' uj 1 a c 1 " L= 44 . 88 4 0 F Y ILI? o a' 14 / `o B = S32 . 33 ' 38 "W ' GHYYF R /W PER O. R . B . 67 , NI o N / " G . 308) W a U °.0 'I' i Q forRly it 33 - 39 - 12- OOODD- 0 . O a cp n� �_ - - - ' i i � o DONATELLI, IREN S) a STANTON, JOI P N y 'z mph CD a - po o z NOT COMPLETE WITH T 0 ' W THIS IS NOT A BOUNDARY SURVEY pe i (.p� I 1 � Izl z SKETCH TO ACCOMPANY LEGAL DESCRIPTION W 33 - 39 - 13 - 00002 - 0020 - GOD24. 0 WELLINGTON , STEVENS u I PREPARED FOR INDIAN RIVER COUNTY ENGINEERING DEPARTMENT SECTION 12 SHEET NDIAN RIVER COUNTY ADMINISTRATION 13UII-DINC RIVEk /ND/AN R/ V£R COUNTY DRAWN BY: 2 18D1 27th STREET SKETCH AND DESCR/PT/ON OF / D. S/L ON vERo BEACH , FL 329so a Deportment of Pub/iC W94S APPROVED eY: TOWNSHIP 33S. PARCEL 2—PROPOSED RIGHT OF WAY ( 772 ) 567 - 8000 40RIOP Engineering Division D. S/L ON RANGE 39E. of 2 ADDENDUM TO AGREEMENT TO PURCHASE AND SALE REAL ESTATE BY AND BETWEEN EXHIBIT INDIAN RIVER COUNTY, AS BUYER AND SDGR, LLC , AS SELLER This Addendum is entered into by and between Indian River County ("County") and SDGR, LLC (" Seller") and is hereby made a part of that Agreement To Purchase And Sale Real Estate between County and Seller made of even date herewith ("Agreement") . 1 . County and Seller agree that Seller ' s obligation to close is hereby expressly conditioned and contingent upon County ' s approval , prior to closing, of that Petition For Abandonment of Publicly Dedicated Rights-of-Way And Easements For Alleys (" Petition for Abandonment") submitted by Indian River County Public Works Department . A copy of the Petition for Abandonment is attached hereto as Exhibit "A" . After approval of the resolution of abandonment , Seller shall pay recording fees for the resolution . County shall be responsible for all other application and processing fees for the Petition for Abandonment . 2 , Notwithstanding Section 8 . 6 of the Agreement, in the event of any claim or controversy arising from or out of the Agreement or this Addendum thereto , the prevailing party shall be entitled to recover attorney ' s fees and costs from the party not prevailing . 3 . The terms and conditions of this Addendum shall be binding upon the parties and shall be made a part of the Agreement . Except as modified herein, the Agreement shall remain in full force and effect . 4 . This Agreement may be executed in any number of duplicate originals and any such duplicate original shall be deemed to constitute one and the same instrument. SELLER : SDGR, LLC , a Florida limited INDIAN RIVER COUNTY , FLORIDA liability company BOARD OF COUNTY COMMISSIONERS By : By _ /Greeld, Gen . gr . Wesley S . Davis, Chairman Date igned ! r / Date Signed : April 21 2009 Approved as to form a d leg of lei cy : Attest : J . K . Barton, Clerk t By : ��C�e •,- � �� o. , - -By : Wi liam K . beBraal Deputy Clerk Deputy County Attorney Date Signed : April 21 , 2009 Indian River County Board of County Commissioners : By : J seph A . air , County Administrator ADDENDUM TO AGREEMENT TO PURCHASE AND SALE REAL ESTATE BY AND BETWEEN EXHIBIT INDIAN RIVER COUNTY, AS BUYER AND SDGR, LLC , AS SELLER This Addendum is entered into by and between Indian River County ("County") and SDGR, LLC (" Seller") and is hereby made a part of that Agreement To Purchase And Sale Real Estate between County and Seller made of even date herewith ("Agreement") . 1 . County and Seller agree that Seller ' s obligation to close is hereby expressly conditioned and contingent upon County ' s approval , prior to closing, of that Petition For Abandonment of Publicly Dedicated Rights-of-Way And Easements For Alleys (" Petition for Abandonment") submitted by Indian River County Public Works Department . A copy of the Petition for Abandonment is attached hereto as Exhibit "A" . After approval of the resolution of abandonment , Seller shall pay recording fees for the resolution . County shall be responsible for all other application and processing fees for the Petition for Abandonment . 2 , Notwithstanding Section 8 . 6 of the Agreement, in the event of any claim or controversy arising from or out of the Agreement or this Addendum thereto , the prevailing party shall be entitled to recover attorney ' s fees and costs from the party not prevailing . 3 . The terms and conditions of this Addendum shall be binding upon the parties and shall be made a part of the Agreement . Except as modified herein, the Agreement shall remain in full force and effect . 4 . This Agreement may be executed in any number of duplicate originals and any such duplicate original shall be deemed to constitute one and the same instrument. SELLER : SDGR, LLC , a Florida limited INDIAN RIVER COUNTY , FLORIDA liability company BOARD OF COUNTY COMMISSIONERS By : By _ /Greeld, Gen . gr . Wesley S . Davis, Chairman Date igned ! r / Date Signed : April 21 2009 Approved as to form a d leg of lei cy : Attest : J . K . Barton, Clerk t By : ��C�e •,- � �� o. , - -By : Wi liam K . beBraal Deputy Clerk Deputy County Attorney Date Signed : April 21 , 2009 Indian River County Board of County Commissioners : By : J seph A . air , County Administrator TO : Indian River County Board of County Commissioners EXHIBIT 1801 27`h Street Building A Vero Beach, Florida 32960 772-567-8000 Indian River County Public Works Department, hereby petition the Indian River County Board (petitioner) of County Commissioners, to vacate a parcel of right-of-way, , described as : a 10.36' x 31 . 52 ' strip of land approx. 120.Osq. ft. (see attached sketch & legal) A portion of 825 Old Dixie Highway, located in Vero Beach, FL (address) Pareell . D.#33-39- 12-00000-5000-00059.0, starting at (subdivision name, parcel or tract) (see attached sketch & legal) (or in) Block Lot , Section 12 , Township 33, Range 39, as recorded in Plat Book 1794 Page, 1505_, Public Records of Indian River County, Florida. The reason for this request is : abandon right-of-way on parcel not needed for public use. (should include intended use of property) Type or Print Petitioner Name : Indian River County Public Works _ Address : 1801 27th Avenue Vero Beach, FL 32960 Telephone : 772-226- 1234 Signature : Christopher Mora, Asst. Public Works Director Property owners abutting the portion of the road requested to be vacated: (if any) Name Address Please submit to the Indian River County Community Development Department with required fee (payable to Indian River County Board of County Commissioners), with a copy of appropriate plat, tax or description map . Submit this form to : INDIAN RIVER COUNTY COMMUNITY DEVELOPMENT DIVISION 1801 27`h Street Building A VERO BEACH , FLORIDA 32960 Office Use Only Filing Date :_ Date Application Complete : Reviewing Planner: Project #: N O T I C E Prior to formally applying for a right-of-way abandonment request, planning staff strongly encourages you to contact the planning division, public works department, and the utility services department to ascertain any preliminary staff objections or comments regarding your proposed request. Such preliminary contacts with staff may save you time and money. FAEngineering\Robert Webb\ROW abandonment. doc TO : Indian River County Board of County Commissioners EXHIBIT 1801 27`h Street Building A Vero Beach, Florida 32960 772-567-8000 Indian River County Public Works Department, hereby petition the Indian River County Board (petitioner) of County Commissioners, to vacate a parcel of right-of-way, , described as : a 10.36' x 31 . 52 ' strip of land approx. 120.Osq. ft. (see attached sketch & legal) A portion of 825 Old Dixie Highway, located in Vero Beach, FL (address) Pareell . D.#33-39- 12-00000-5000-00059.0, starting at (subdivision name, parcel or tract) (see attached sketch & legal) (or in) Block Lot , Section 12 , Township 33, Range 39, as recorded in Plat Book 1794 Page, 1505_, Public Records of Indian River County, Florida. The reason for this request is : abandon right-of-way on parcel not needed for public use. (should include intended use of property) Type or Print Petitioner Name : Indian River County Public Works _ Address : 1801 27th Avenue Vero Beach, FL 32960 Telephone : 772-226- 1234 Signature : Christopher Mora, Asst. Public Works Director Property owners abutting the portion of the road requested to be vacated: (if any) Name Address Please submit to the Indian River County Community Development Department with required fee (payable to Indian River County Board of County Commissioners), with a copy of appropriate plat, tax or description map . Submit this form to : INDIAN RIVER COUNTY COMMUNITY DEVELOPMENT DIVISION 1801 27`h Street Building A VERO BEACH , FLORIDA 32960 Office Use Only Filing Date :_ Date Application Complete : Reviewing Planner: Project #: N O T I C E Prior to formally applying for a right-of-way abandonment request, planning staff strongly encourages you to contact the planning division, public works department, and the utility services department to ascertain any preliminary staff objections or comments regarding your proposed request. Such preliminary contacts with staff may save you time and money. FAEngineering\Robert Webb\ROW abandonment. doc PETITION FOR EXHIBIT B ABANDONMENT OF PUBLICLY DEDICATED RIGHTS-OF-WAY AND EASEMENTS OR ALLEYS PROCEDURES A. Petitioner 1 . The Petitioner ( Exhibit 1 ) shall be used by the public when requesting the Board of County Commissioners to vacate or abandon rights-of-way, alleys or easements dedicated to public use . 2 . The Petitioner shall provide an accurate legal description of rights-of-way, alleys or easements on the petition . An accurate legal description may be obtained from the Clerk of the Circuit Court ( Recording Department) . If the alley, easement or right-of- way is in a subdivision, Petitioner shall provide a copy of the subdivision plat. 3 . The Petitioner shall also provide a copy of a deed and letter authorization if applicant is not owner. 4 . The Petitioner shall bear the signature and address of the petitioner and list the property owners (if any) abutting that portion of the public right-of-way or easement requested to be vacated. 5 . The Petitioner shall be addressed to the Board of County Commissioners attention : Planning and Zoning Department, 1840 250' Street, Vero Beach , Florida 32960 . Be Fees and Costs for Administration , Advertisinu and Recordinu I . Street and Alley Abandonments, etc. a. A $700 . 00 fee for recording and administrative costs shall accompany the petition and attachments . The check should be made payable to the Board of County Commissioners , 2. Easement Releases a. A $ 120 . 00 fee shall be paid for recording and administrative costs when petitioning for and easement release . The $ 120 .00 fee can apply for up to two easement releases if in the same subdivision and unit. b . Easement releases on a series of contiguous lots (up to four lots in same Block, Unit and Subdivision) will be considered a single request requiring a $ 120 . 00 fee . If a request involves several easement releases within a single subdivision, then an additional $25 .00 fee will be charged for every two additional easements . Generally one petition application form should be adequate for multiple easement release requests . Right-of Way and Easement Abandonment Checklist All materials must be submitted to complete this application MATERIAL YES NO Fee Right-of Way $700 .00 — Easement $ 120 . 00 x (Make check payable to Indian River County) Complete Petition Copy of Deed or Tax Bill Copy of Plat ( if platted) F :\Engineering\Robert Webb\ROW abandonment. doc PETITION FOR EXHIBIT B ABANDONMENT OF PUBLICLY DEDICATED RIGHTS-OF-WAY AND EASEMENTS OR ALLEYS PROCEDURES A. Petitioner 1 . The Petitioner ( Exhibit 1 ) shall be used by the public when requesting the Board of County Commissioners to vacate or abandon rights-of-way, alleys or easements dedicated to public use . 2 . The Petitioner shall provide an accurate legal description of rights-of-way, alleys or easements on the petition . An accurate legal description may be obtained from the Clerk of the Circuit Court ( Recording Department) . If the alley, easement or right-of- way is in a subdivision, Petitioner shall provide a copy of the subdivision plat. 3 . The Petitioner shall also provide a copy of a deed and letter authorization if applicant is not owner. 4 . The Petitioner shall bear the signature and address of the petitioner and list the property owners (if any) abutting that portion of the public right-of-way or easement requested to be vacated. 5 . The Petitioner shall be addressed to the Board of County Commissioners attention : Planning and Zoning Department, 1840 250' Street, Vero Beach , Florida 32960 . Be Fees and Costs for Administration , Advertisinu and Recordinu I . Street and Alley Abandonments, etc. a. A $700 . 00 fee for recording and administrative costs shall accompany the petition and attachments . The check should be made payable to the Board of County Commissioners , 2. Easement Releases a. A $ 120 . 00 fee shall be paid for recording and administrative costs when petitioning for and easement release . The $ 120 .00 fee can apply for up to two easement releases if in the same subdivision and unit. b . Easement releases on a series of contiguous lots (up to four lots in same Block, Unit and Subdivision) will be considered a single request requiring a $ 120 . 00 fee . If a request involves several easement releases within a single subdivision, then an additional $25 .00 fee will be charged for every two additional easements . Generally one petition application form should be adequate for multiple easement release requests . Right-of Way and Easement Abandonment Checklist All materials must be submitted to complete this application MATERIAL YES NO Fee Right-of Way $700 .00 — Easement $ 120 . 00 x (Make check payable to Indian River County) Complete Petition Copy of Deed or Tax Bill Copy of Plat ( if platted) F :\Engineering\Robert Webb\ROW abandonment. doc LEGAL DESCRIPTION : PARCEL 2B NOTES A PORTION OF THOSE LANDS RECORDED IN OFFICIAL RECORDS BOOK 1 . THIS SKETCH OF DESCRIPTION IS NOT VALID WITHOUT THE 1794 , PAGE 1505 , OF THE PUBLIC RECORDS OF INDIAN RIVER COUNTY, SIGNATURE AND THE ORIGINAL RAISED SEAL OF THE FLORIDA FLORIDA , SAID LAND LYING IN SECTION 12 , TOWNSHIP 33 SOUTH , RANGE REGISTERED SURVEYOR AND MAPPER NAMED HEREON , 39 EAST, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS : 2 , THIS SKETCH OF DESCRIPTION MEETS OR EXCEEDS ALL r COMMENCE AT THE SOUTHWEST CORNER OF SAID SECTION 12 ; THENCE APPLICABLE REQUIREMENTS OF THE MINIMUM TECHNICAL STANDARDS AS wn RUN S89 ' 41123 "E , ALONG THE SOUTH LINE OF SF,ID SECTION 12 , A ESTABLISHED IN CHAPTER 61 (317 - 6 , FLORIDA ADMINISTRATIVE CODE_ a DISTANCE OF 1884 . 34 FEET; THENCE DEPARTING SAID SOUTH LINE RUN 3, THIS SKETCH AND DESCRIPTION WAS PREPARED WITH THE BENEFIT OF Nr N00' 10 ' 36 " E , PARALLEL WITH THE WEST LINE OF SAID SECTION 12 , A OF AN OWNERSHIP AND ENCUMBRANCE REPORT PREPARED BY Lo DISTANCE OF 40 . 00 FEET TO THE POINT OF INTERSECTION OF A CURVE ATLANTIC COASTAL TITLE CORPORATION FOR INDIAN RIVER COUNTY, Ln CONCAVE NORTHWESTERLY . PER OFFICIAL RECORDS BOOK 67 , PAGE 308 ; ON THE DATE OF APRIL 19 , 2007 . ( ACTC REPORT No . 27075868 ) o THENCE RUN N18' 52 ' 02 "W , ALONG THE TANGENT OF SAID CURVE , A DISTANCE OF 35 . 16 FEET TO THE POINT OF TANGENT; SAID POINT ALSO 4 , THE EXISTING TOPOGRAPHY SHOWN HEREON WAS TAKEN FROM A LYING ON THE WESTERLY RIGHT OF WAY OF LINE OF OLD DIXIE HIGHWAY TOPOGRAPHIC SURVEY PREPARED BY INDIAN RIVER COUNTY PERSONNEL PER SHEET 3 OF 3 , OF THE FLORIDA STATE ROAD DEPARTMENT RIGHT OF ON THE DATE OF 3- 28- 07 , THE PROPOSED SIDEWALK WAS TAKEN WAY MAP FOR GLENDALE ROAD ( SECTION 8858 - 151 ) ; THENCE CONTINUE FROM THE ENGINEERING PLANS FOR THE 8th STREET SIDEWALK , N18052 ' 02 "W , ALONG SAID WESTERLY RIGHT OF WAY LINE , A DISTANCE OF PREPARED BY INDIAN RIVER COUNTY PERSONNEL ON THE DATE OF 93 . 33 FEET TO THE MOST SOUTHEASTERLY CORNER OF THOSE LANDS 6 - 11 - 07 , DESCRIBED IN OFFICIAL RECORDS BOOK 411 , PAGE 445 ; THENCE DEPARTING SAID WESTERLY RIGHT OF WAY LINE RUN SOO' 10 ' 36 "W, 5 , THE BEARINGS SHOWN HEREON ARE BASED UPON THE SOUTH LINE PARALLEL WITH THE WEST LINE OF SECTION 12 , A DISTANCE OF 21 . 52 OF SECTION 12, TOWNSHIP 33 SOUTH , RANGE 39 EAST, AS HAVING AN 0 FEET TO THE SOUTHWEST CORNER OF THOSE LANDS PER OFFICIAL ASSUMED BEARING OF S89041 ' 23 " E . o RECORDS BOOK 411 , PAGE 445 FOR A POINT OF BEGINNING ; THENCE 6 . THE 80 FOOT WIDE RIGHT OF WAY FOR OLD DIXIE HIGHWAY AS Ln CONTINUE S00' 10 ' 36 "W A DISTANCE OF 24 . 84 FEET; THENCE RUN SHOWN ON THE RIGHT OF WAY MAP FOR STATE ROAD No . 605, PER N89041523 "W A DISTANCE OF 3 . 93 FEET; THENCE RUN N00010 ' 36 "E , P . B . 9 , PG , 79 , WAS NEVER DEDICATED , IT IS THE OPINION OF THE 3 PARALLEL WITH THE WEST LINE OF SAID SECTION 12 , A DISTANCE OF INDIAN RIVER COUNTY PUBLIC WORKS DIRECTOR AND SURVEYOR THAT i 36 . 26 FEET ' TO A POINT ON THE WESTERLY RIGHT OF WAY LINE OF OLD THE RIGHT OF WAY STILL REMAINS 66 FEET WIDE , UNLESS AN DIXIE HIGHWAY PER OFFICIAL RECORDS BOOK 411 , PAGE 445 ; THENCE ADJOINING PROPERTIES DEED REFERENCES THE RIGHT OF WAY AS RUN S18' 52 ' 02 " E , ALONG SAID WESTERLY RIGHT OF WAY LINE , A SHOWN ON SAID PLAT, 00 DISTANCE OF 12 . 09 FEET TO THE POINT OF BEGINNING . v� CONTAINING : 120 SQUARE FEET, 0 . 003 ACRES , MORE OR LESS . LEGEND & ABBREVIATIONS ORB = OFFICIAL RECORDS BOOK P . I . = POINT OF INTERSECTION o Ct = CENTERLINE FND = FOUND ( P ) = PLATTED COARSE AND /OR DISTANCE P . T. = POINT OF TANGENT a CB = CATCH BASIN HYDT = HYDRANT P . B . = PLAT BOOK R = RADIUS CONC = CONCRETE IR & C = IRON ROD AND CAP P . B . S . = St . LUCIE COUNTY PLAT BOOK SEC = SECTION a COR = CORNER LLC = LIMITED LIABILITY CORPORATION P . O . B . = POINT OF BEGINNING WV = WATER VALVE E /P = EDGE OF PAVEMENT L = LENGTH P . O. C . = POINT OF COMMENCEMENT p = DELTA OR CENTRAL a CE F ANGLE SUR M P LCn NOT COMPLETE WITHOUT SHEET 2 OF 2 . --- - - --- - - - - - -- - ---- v DA M THIS IS NOT A BOUNDARY SURVEY A SKETCH TO ACCOMPANY LEGAL DESCRIPTION FLO DA I A N 3 i INDIAN RIVER ASSISTANT COUNTY SURVEYOR PREPARED FOR INDIAN RIVER COUNTY ENGINEERING DEPARTMENT NDIAN RIVER COUN( Y ADMINISTRATION BUILDING RwER DRAWN BY: SHEET iBoi 27tn sTRFET �/ ' � /ND/AN RIVER COUNTY SECTION 12 , )E BEACH , FL 32960 1 "< De arfinen> of Public Works SIL ON - - - SKETCH AND DESCRIPTION OF / � - __ TOWNSHIP 33S ( 772 ) 56Y - 8000 '\�- En %neer%n D/ V/S/O/J - APPROVED BY: ` �� ' 9 9 D. SIL ON RANGE 39E. PARCEL 2B of 2 LEGAL DESCRIPTION : PARCEL 2B NOTES A PORTION OF THOSE LANDS RECORDED IN OFFICIAL RECORDS BOOK 1 . THIS SKETCH OF DESCRIPTION IS NOT VALID WITHOUT THE 1794 , PAGE 1505 , OF THE PUBLIC RECORDS OF INDIAN RIVER COUNTY, SIGNATURE AND THE ORIGINAL RAISED SEAL OF THE FLORIDA FLORIDA , SAID LAND LYING IN SECTION 12 , TOWNSHIP 33 SOUTH , RANGE REGISTERED SURVEYOR AND MAPPER NAMED HEREON , 39 EAST, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS : 2 , THIS SKETCH OF DESCRIPTION MEETS OR EXCEEDS ALL r COMMENCE AT THE SOUTHWEST CORNER OF SAID SECTION 12 ; THENCE APPLICABLE REQUIREMENTS OF THE MINIMUM TECHNICAL STANDARDS AS wn RUN S89 ' 41123 "E , ALONG THE SOUTH LINE OF SF,ID SECTION 12 , A ESTABLISHED IN CHAPTER 61 (317 - 6 , FLORIDA ADMINISTRATIVE CODE_ a DISTANCE OF 1884 . 34 FEET; THENCE DEPARTING SAID SOUTH LINE RUN 3, THIS SKETCH AND DESCRIPTION WAS PREPARED WITH THE BENEFIT OF Nr N00' 10 ' 36 " E , PARALLEL WITH THE WEST LINE OF SAID SECTION 12 , A OF AN OWNERSHIP AND ENCUMBRANCE REPORT PREPARED BY Lo DISTANCE OF 40 . 00 FEET TO THE POINT OF INTERSECTION OF A CURVE ATLANTIC COASTAL TITLE CORPORATION FOR INDIAN RIVER COUNTY, Ln CONCAVE NORTHWESTERLY . PER OFFICIAL RECORDS BOOK 67 , PAGE 308 ; ON THE DATE OF APRIL 19 , 2007 . ( ACTC REPORT No . 27075868 ) o THENCE RUN N18' 52 ' 02 "W , ALONG THE TANGENT OF SAID CURVE , A DISTANCE OF 35 . 16 FEET TO THE POINT OF TANGENT; SAID POINT ALSO 4 , THE EXISTING TOPOGRAPHY SHOWN HEREON WAS TAKEN FROM A LYING ON THE WESTERLY RIGHT OF WAY OF LINE OF OLD DIXIE HIGHWAY TOPOGRAPHIC SURVEY PREPARED BY INDIAN RIVER COUNTY PERSONNEL PER SHEET 3 OF 3 , OF THE FLORIDA STATE ROAD DEPARTMENT RIGHT OF ON THE DATE OF 3- 28- 07 , THE PROPOSED SIDEWALK WAS TAKEN WAY MAP FOR GLENDALE ROAD ( SECTION 8858 - 151 ) ; THENCE CONTINUE FROM THE ENGINEERING PLANS FOR THE 8th STREET SIDEWALK , N18052 ' 02 "W , ALONG SAID WESTERLY RIGHT OF WAY LINE , A DISTANCE OF PREPARED BY INDIAN RIVER COUNTY PERSONNEL ON THE DATE OF 93 . 33 FEET TO THE MOST SOUTHEASTERLY CORNER OF THOSE LANDS 6 - 11 - 07 , DESCRIBED IN OFFICIAL RECORDS BOOK 411 , PAGE 445 ; THENCE DEPARTING SAID WESTERLY RIGHT OF WAY LINE RUN SOO' 10 ' 36 "W, 5 , THE BEARINGS SHOWN HEREON ARE BASED UPON THE SOUTH LINE PARALLEL WITH THE WEST LINE OF SECTION 12 , A DISTANCE OF 21 . 52 OF SECTION 12, TOWNSHIP 33 SOUTH , RANGE 39 EAST, AS HAVING AN 0 FEET TO THE SOUTHWEST CORNER OF THOSE LANDS PER OFFICIAL ASSUMED BEARING OF S89041 ' 23 " E . o RECORDS BOOK 411 , PAGE 445 FOR A POINT OF BEGINNING ; THENCE 6 . THE 80 FOOT WIDE RIGHT OF WAY FOR OLD DIXIE HIGHWAY AS Ln CONTINUE S00' 10 ' 36 "W A DISTANCE OF 24 . 84 FEET; THENCE RUN SHOWN ON THE RIGHT OF WAY MAP FOR STATE ROAD No . 605, PER N89041523 "W A DISTANCE OF 3 . 93 FEET; THENCE RUN N00010 ' 36 "E , P . B . 9 , PG , 79 , WAS NEVER DEDICATED , IT IS THE OPINION OF THE 3 PARALLEL WITH THE WEST LINE OF SAID SECTION 12 , A DISTANCE OF INDIAN RIVER COUNTY PUBLIC WORKS DIRECTOR AND SURVEYOR THAT i 36 . 26 FEET ' TO A POINT ON THE WESTERLY RIGHT OF WAY LINE OF OLD THE RIGHT OF WAY STILL REMAINS 66 FEET WIDE , UNLESS AN DIXIE HIGHWAY PER OFFICIAL RECORDS BOOK 411 , PAGE 445 ; THENCE ADJOINING PROPERTIES DEED REFERENCES THE RIGHT OF WAY AS RUN S18' 52 ' 02 " E , ALONG SAID WESTERLY RIGHT OF WAY LINE , A SHOWN ON SAID PLAT, 00 DISTANCE OF 12 . 09 FEET TO THE POINT OF BEGINNING . v� CONTAINING : 120 SQUARE FEET, 0 . 003 ACRES , MORE OR LESS . LEGEND & ABBREVIATIONS ORB = OFFICIAL RECORDS BOOK P . I . = POINT OF INTERSECTION o Ct = CENTERLINE FND = FOUND ( P ) = PLATTED COARSE AND /OR DISTANCE P . T. = POINT OF TANGENT a CB = CATCH BASIN HYDT = HYDRANT P . B . = PLAT BOOK R = RADIUS CONC = CONCRETE IR & C = IRON ROD AND CAP P . B . S . = St . LUCIE COUNTY PLAT BOOK SEC = SECTION a COR = CORNER LLC = LIMITED LIABILITY CORPORATION P . O . B . = POINT OF BEGINNING WV = WATER VALVE E /P = EDGE OF PAVEMENT L = LENGTH P . O. C . = POINT OF COMMENCEMENT p = DELTA OR CENTRAL a CE F ANGLE SUR M P LCn NOT COMPLETE WITHOUT SHEET 2 OF 2 . --- - - --- - - - - - -- - ---- v DA M THIS IS NOT A BOUNDARY SURVEY A SKETCH TO ACCOMPANY LEGAL DESCRIPTION FLO DA I A N 3 i INDIAN RIVER ASSISTANT COUNTY SURVEYOR PREPARED FOR INDIAN RIVER COUNTY ENGINEERING DEPARTMENT NDIAN RIVER COUN( Y ADMINISTRATION BUILDING RwER DRAWN BY: SHEET iBoi 27tn sTRFET �/ ' � /ND/AN RIVER COUNTY SECTION 12 , )E BEACH , FL 32960 1 "< De arfinen> of Public Works SIL ON - - - SKETCH AND DESCRIPTION OF / � - __ TOWNSHIP 33S ( 772 ) 56Y - 8000 '\�- En %neer%n D/ V/S/O/J - APPROVED BY: ` �� ' 9 9 D. SIL ON RANGE 39E. PARCEL 2B of 2 P . O . C . - - SW COR SEC 12 - 33 - 39 33 - 39 - 12- 00000- 5000- 00061 . 0 0 2. 5 50 100 SANDERS, MARY LORRE FND 5/8 " IR & C U VIEDG[ o " CARTER & ASSOC . " u Z w 30 ' R/W PTF 40 ' R/W PE - - - -- - - - g IPB 6 , PG } $ DRB 44 , PC 5 6 (nW a - - - - - - - - - - - - - - - GRAPHIC SCALE m I N ' LY - 6) I F - - - - - - - - m o f I 1 1 R /W LINK I -O X I Lo o �`v r I ( IN FEET ) ti I 'h 0 O W NO) � O n N I I (V Z O Ip Im ^ � I - r I I O 1 I W O I O 00 CN r IN O I ' � I v O 0 I I Lr) C \ O � O i l fil A^A I I O I W I II O O 1 D x D I ) I O O i X PARALLEL WITH TH� W . 3 -- --� i I m 10 I n LINE OF SEC 12 - 3 - 39 ° � f*1 iplA O � I Cn Z pIr o 0 > I i � � I . II O m O I N 500610 ' 36 "WI a mi O I I 4 r LTI IW 21 . 52 ' J 6i D O cD I W ' 0 Q G7 i a to I - I ' O L3 WILY R/W o S` p CCA m zi °� Q r N v m A LINE = uj Ln � W z vl ml Ill J .0 I I on Z I _ i CP /y) -;a - � V r -10 IO t0 I l 1y cp _ - /try/� �3 OO '� 'O m 1�///1''�y���. O z o w v Xn / � pPFt i, N C � r 1 1 0 m < _ d/ i 52 02 o u) y -30 r 0Oi t m 70 ,'� 8 0 2` l j Cn r ✓ 1zv� n0po II I ' I w , - < 0 a n A�Al� bP .T. 1� 0040 . 00 ' 3`5N00' 10 ' 36 E W ' LY R/W c �P y p u) . L �AY INE , - N v D O � LINE BEARING DISTANCE a L1 S00' 10 ' 36 "W 24 , 84 ' L2 N89041 ' 23 "W 3 . 93 ' $ i; L3 N00' 10 ' 36 " E 36 , 26 ' L4 S18' 52 ' 02 "E 12 . 09 ' o w If 'cP J) 33- 39 - 12 - 00000- 5000- 00062 . 0 � DONATELLI , IRENE S) moi STANTON , JOH lP ✓��� Im; Impix NOT COMPLETE WITH 1 0 - I I n THIS IS NOT A BO E SKETCH TO ACCOMPA Y i WELLINGTON , STEVENS 26 ( PREPARED FOR INDIAN RIVER COU 33- 39 - 13 - 00002 - 0020 - 00024 . 0 a f 7 14DIAN RIVER COUNTY ADMINISLRAIION BUILDING Rim DRAWN BY: SECTION / L SHEET laoi lith slRrF-r ��� /ND/,4N R/VER COUNTY D. SIL ON - - - SKETCH AND DESCRIPTION OF 2 V[ f20 BEACH , FI_ 32960 �� ; Dement of Pub/ic Works APPROVED BY: TOWNSHIP 335. PARCEL 2B / ( n2 ) 567 - 8000 � ,oP Engineering Division Do SIL ON RANGE 39E. of 2 P . O . C . - - SW COR SEC 12 - 33 - 39 33 - 39 - 12- 00000- 5000- 00061 . 0 0 2. 5 50 100 SANDERS, MARY LORRE FND 5/8 " IR & C U VIEDG[ o " CARTER & ASSOC . " u Z w 30 ' R/W PTF 40 ' R/W PE - - - -- - - - g IPB 6 , PG } $ DRB 44 , PC 5 6 (nW a - - - - - - - - - - - - - - - GRAPHIC SCALE m I N ' LY - 6) I F - - - - - - - - m o f I 1 1 R /W LINK I -O X I Lo o �`v r I ( IN FEET ) ti I 'h 0 O W NO) � O n N I I (V Z O Ip Im ^ � I - r I I O 1 I W O I O 00 CN r IN O I ' � I v O 0 I I Lr) C \ O � O i l fil A^A I I O I W I II O O 1 D x D I ) I O O i X PARALLEL WITH TH� W . 3 -- --� i I m 10 I n LINE OF SEC 12 - 3 - 39 ° � f*1 iplA O � I Cn Z pIr o 0 > I i � � I . II O m O I N 500610 ' 36 "WI a mi O I I 4 r LTI IW 21 . 52 ' J 6i D O cD I W ' 0 Q G7 i a to I - I ' O L3 WILY R/W o S` p CCA m zi °� Q r N v m A LINE = uj Ln � W z vl ml Ill J .0 I I on Z I _ i CP /y) -;a - � V r -10 IO t0 I l 1y cp _ - /try/� �3 OO '� 'O m 1�///1''�y���. O z o w v Xn / � pPFt i, N C � r 1 1 0 m < _ d/ i 52 02 o u) y -30 r 0Oi t m 70 ,'� 8 0 2` l j Cn r ✓ 1zv� n0po II I ' I w , - < 0 a n A�Al� bP .T. 1� 0040 . 00 ' 3`5N00' 10 ' 36 E W ' LY R/W c �P y p u) . L �AY INE , - N v D O � LINE BEARING DISTANCE a L1 S00' 10 ' 36 "W 24 , 84 ' L2 N89041 ' 23 "W 3 . 93 ' $ i; L3 N00' 10 ' 36 " E 36 , 26 ' L4 S18' 52 ' 02 "E 12 . 09 ' o w If 'cP J) 33- 39 - 12 - 00000- 5000- 00062 . 0 � DONATELLI , IRENE S) moi STANTON , JOH lP ✓��� Im; Impix NOT COMPLETE WITH 1 0 - I I n THIS IS NOT A BO E SKETCH TO ACCOMPA Y i WELLINGTON , STEVENS 26 ( PREPARED FOR INDIAN RIVER COU 33- 39 - 13 - 00002 - 0020 - 00024 . 0 a f 7 14DIAN RIVER COUNTY ADMINISLRAIION BUILDING Rim DRAWN BY: SECTION / L SHEET laoi lith slRrF-r ��� /ND/,4N R/VER COUNTY D. SIL ON - - - SKETCH AND DESCRIPTION OF 2 V[ f20 BEACH , FI_ 32960 �� ; Dement of Pub/ic Works APPROVED BY: TOWNSHIP 335. PARCEL 2B / ( n2 ) 567 - 8000 � ,oP Engineering Division Do SIL ON RANGE 39E. of 2 SECOND ADDENDUM TO AGREEMENT TO PURCHASE AND SALE REAL ESTATE BY AND BETWEEN EX H I � I T C INDIAN RIVER COUNTY , AS BUYER AND SDGR, LLC , AS SELLER This Second Addendum is entered into by and between Indian River County (" County") and SDGR , LLC (" Seller") and is hereby made a part of that Agreement To Purchase And Sale Real Estate between County and Seller made of even date herewith ("Agreement") . 1 . idewalk easement in favor of Indian River At closing , Seller agrees to execute a s County along 8`h Street, the dimensions of said easement being 2 ft . by 122 . 55 ft . , more or less . 2 . The terms and conditions of this Addendum shall be binding upon the parties and shall be made a part of the Agreement . Except as modified herein , the Agreement shall remain in full force and effect . 3 . This Agreement may be executed in any number of duplicate originals and any such duplicate original shall be deemed to constitute one and the same instrument . SELLER : SDGR, LLC , a Florida limited INDIAN RIVER COUNTY, FLORIDA liability company BOARD OF COUNTY COMMISSIONERS By : - By • /fZobb Greenfield , Gen . Mgr . Wesley S . Davis , Charman Date Signed : Date Signed : AIXi 1. 21 , 2009 Approved as to form and legal suffic ' cy . Attest : J . K . Barton , Clerk By : I �—f- -� W4 By . Deputy Clerk William K . eBraal p Y Deputy County Attorney Date Signed : April 21 � 7009 Indian River County Board of Co my Commissioners : By : o eph A . Baird , County Admi istrator SECOND ADDENDUM TO AGREEMENT TO PURCHASE AND SALE REAL ESTATE BY AND BETWEEN EX H I � I T C INDIAN RIVER COUNTY , AS BUYER AND SDGR, LLC , AS SELLER This Second Addendum is entered into by and between Indian River County (" County") and SDGR , LLC (" Seller") and is hereby made a part of that Agreement To Purchase And Sale Real Estate between County and Seller made of even date herewith ("Agreement") . 1 . idewalk easement in favor of Indian River At closing , Seller agrees to execute a s County along 8`h Street, the dimensions of said easement being 2 ft . by 122 . 55 ft . , more or less . 2 . The terms and conditions of this Addendum shall be binding upon the parties and shall be made a part of the Agreement . Except as modified herein , the Agreement shall remain in full force and effect . 3 . This Agreement may be executed in any number of duplicate originals and any such duplicate original shall be deemed to constitute one and the same instrument . SELLER : SDGR, LLC , a Florida limited INDIAN RIVER COUNTY, FLORIDA liability company BOARD OF COUNTY COMMISSIONERS By : - By • /fZobb Greenfield , Gen . Mgr . Wesley S . Davis , Charman Date Signed : Date Signed : AIXi 1. 21 , 2009 Approved as to form and legal suffic ' cy . Attest : J . K . Barton , Clerk By : I �—f- -� W4 By . Deputy Clerk William K . eBraal p Y Deputy County Attorney Date Signed : April 21 � 7009 Indian River County Board of Co my Commissioners : By : o eph A . Baird , County Admi istrator r Parcel #33391200000500000059 . 0 81h Street at Old Dixie Hwy . n 201E776 This document was prepared THIS DOCUMENT HAS 13 = EN by and should be returned to: RECORDED IN THE Pl :3 _ IC RE_ :; OF DS Indian River County Attorney's Office OF INDIAN RIVER COL I'J FY FL BK . 2367 PG . 3541 Fagi ! l of 3 09.'0!x - -'_009 at 10. 23 AM , DOCf K F D $9 70 E A S E M E N T JEFI- RE 'i K BARTOIv , ( : I_ = RICO CURT This Grant of Easement, made and executed this /Id day of 7Zalfc " 2009 , by SDGR, LLC , a Florida limited liability company, whose address is 1535 Shorelands Drive East, Vero Beach , FL 32963 , hereinafter called GRANTOR * , to INDIAN RIVER COUNTY , FLORIDA , a political subdivision of the State of Florida, whose address is 1801 27th Street, Vero Beach , FL 32960 , hereinafter called GRANTEE * , * Whenever used herein the term GRANTOR and GRANTEE, include all parties to this instrument and their heirs, legal representatives, successors, and assigns . WITNESSETH : That GRANTOR for and in consideration of the sum of One Dollar and other consideration , receipt of which is hereby acknowledged , does hereby grant , bargain , sell , alien , remise , release , convey , and confirm unto the GRANTEE an EASEMENT FOR SIDEWALK PURPOSES on , over, across , and beneath the following described land , situate in Indian River County , Florida, to-wit : See Exhibit "A" Attached Hereto and Made A Part Hereof And GRANTOR hereby covenants with said GRANTEE that it is lawfully seized of said servient land in fee simple , and that it has good right and lawful authority to convey the easement established hereby and will defend the same against the lawful claims of all persons whomsoever . IN WITNESS WHEREOF , the GRANTOR has herein set its hand and seal the day and year first above written . Signed , sealed , and delivered SDGR, LLC , a Florida limited liability in the pre pce of: company f7 LGf�� A LCLt ,��� B Sig] - L Y ness b Greenfield , Managing Member printed, names sign W itnes # printed name : ���� � 1 6 & STATE OF FLORIDA , COUNTY OF INDIAN RIVER /� ,sC-� ,� / z � 9 The foregoing instrument was sworn to and subscribed before me this day of, / 200 , by Robb H . Greenfield , Managing Member of SDGR, LLC , a Florida limited liability company , on behalf of same . He is personally known to me or produced as identification . Stamped Seal with Commission tgn Name, Number & Expiration Date N y Public rows" Ater � State of Florida iPiinp . Ann M Munco 1!1 av ' ornmission D0505450 Si' 113012010 r Parcel #33391200000500000059 . 0 81h Street at Old Dixie Hwy . n 201E776 This document was prepared THIS DOCUMENT HAS 13 = EN by and should be returned to: RECORDED IN THE Pl :3 _ IC RE_ :; OF DS Indian River County Attorney's Office OF INDIAN RIVER COL I'J FY FL BK . 2367 PG . 3541 Fagi ! l of 3 09.'0!x - -'_009 at 10. 23 AM , DOCf K F D $9 70 E A S E M E N T JEFI- RE 'i K BARTOIv , ( : I_ = RICO CURT This Grant of Easement, made and executed this /Id day of 7Zalfc " 2009 , by SDGR, LLC , a Florida limited liability company, whose address is 1535 Shorelands Drive East, Vero Beach , FL 32963 , hereinafter called GRANTOR * , to INDIAN RIVER COUNTY , FLORIDA , a political subdivision of the State of Florida, whose address is 1801 27th Street, Vero Beach , FL 32960 , hereinafter called GRANTEE * , * Whenever used herein the term GRANTOR and GRANTEE, include all parties to this instrument and their heirs, legal representatives, successors, and assigns . WITNESSETH : That GRANTOR for and in consideration of the sum of One Dollar and other consideration , receipt of which is hereby acknowledged , does hereby grant , bargain , sell , alien , remise , release , convey , and confirm unto the GRANTEE an EASEMENT FOR SIDEWALK PURPOSES on , over, across , and beneath the following described land , situate in Indian River County , Florida, to-wit : See Exhibit "A" Attached Hereto and Made A Part Hereof And GRANTOR hereby covenants with said GRANTEE that it is lawfully seized of said servient land in fee simple , and that it has good right and lawful authority to convey the easement established hereby and will defend the same against the lawful claims of all persons whomsoever . IN WITNESS WHEREOF , the GRANTOR has herein set its hand and seal the day and year first above written . Signed , sealed , and delivered SDGR, LLC , a Florida limited liability in the pre pce of: company f7 LGf�� A LCLt ,��� B Sig] - L Y ness b Greenfield , Managing Member printed, names sign W itnes # printed name : ���� � 1 6 & STATE OF FLORIDA , COUNTY OF INDIAN RIVER /� ,sC-� ,� / z � 9 The foregoing instrument was sworn to and subscribed before me this day of, / 200 , by Robb H . Greenfield , Managing Member of SDGR, LLC , a Florida limited liability company , on behalf of same . He is personally known to me or produced as identification . Stamped Seal with Commission tgn Name, Number & Expiration Date N y Public rows" Ater � State of Florida iPiinp . Ann M Munco 1!1 av ' ornmission D0505450 Si' 113012010 LEGAL DESCRIPTION : PARCEL 2A (SIDEWALK EASEMENT) NOTES A 2 . 00 FOOT WIDE STRIP OF LAND FOR THE PURPOSE OF OBTAINING A 1 . THIS SKETCH OF DESCRIPTION IS NOT VALID WITHOUT THE RIGHT OF WAY EASEMENT FOR 8TH STREET, SAID LAND BEING A PORTION SIGNATURE AND THE ORIGINAL RAISED SEAL OF THE FLORIDA OF THOSE LANDS RECORDED IN OFFICIAL RECORDS BOOK 1794 , PAGE REGISTERED SURVEYOR AND MAPPER NAMED HEREON . 15052 OF THE PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA, SAID 2 . THIS SKETCH OF DESCRIPTION MEETS OR EXCEEDS ALL LAND LYING IN SECTION 12 , TOWNSHIP 33 SOUTH , RANGE 39 EAST, APPLICABLE REQUIREMENTS OF THE MINIMUM TECHNICAL STANDARDS AS BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS : ESTABLISHED IN CHAPTER 61G17 - 6 , FLORIDA ADMINISTRATIVE CODE . LL COMMENCE AT THE SOUTHWEST CORNER OF SAID SECTION 12 ; THENCE 3 . THIS SKETCH AND DESCRIPTION WAS PREPARED WITH THE BENEFIT OF RUN S89' 41 ' 23 "E, ALONG THE SOUTH LINE OF SAID SECTION 12 , A OF AN OWNERSHIP AND ENCUMBRANCE REPORT PREPARED BY DISTANCE OF 1730 . 71 FEET; THENCE DEPARTING SAID SOUTH LINE RUN ATLANTIC COASTAL TITLE CORPORATION FOR INDIAN RIVER COUNTY, N00010 ' 36 " E, PARALLEL WITH THE WEST LINE OF SAID SECTION 12 , A ON THE DATE OF APRIL 19 , 2007 . ( ACTC REPORT No. 27075868 ) DISTANCE OF 40 . 00 FEET TO THE SOUTHWEST CORNER OF THE 4 . THE EXISTING TOPOGRAPHY SHOWN HEREON WAS TAKEN FROM A AFORESAID LANDS , SAID POINT ALSO LYING ON THE NORTH RIGHT OF WAY LINE OF 8th STREET (A 70 FOOT WIDE RIGHT OF WAY) AS DESCRIBED IN TOPOGRAPHIC SURVEY PREPARED BY INDIAN RIVER COUNTY PERSONNEL OFFICIAL RECORDS BOOK 44 , PAGE 536 , FOR A POINT OF BEGINNING ; ON THE DATE OF 3 - 28- 07 , THE PROPOSED SIDEWALK WAS TAKEN THENCE CONTINUE 1\100' 10 ' 36 " E , ALONG THE WEST LINE OF SAID LANDS , FROM THE ENGINEERING PLANS FOR THE 8th STREET SIDEWALK , m A DISTANCE OF 2 . 00 FEET; THENCE DEPARTING SAID WEST LINE RUN PREPARED BY INDIAN RIVER COUNTY PERSONNEL ON THE DATE OF S89' 41923 "£ , PARALLEL WITH THE SOUTH LINE OF SAID SECTION 12 , A 6 - 11 - 07 , DISTANCE OF 122 . 55 FEET ; THENCE RUN S35' 53 ' 45 "W A DISTANCE OF 5 , THE BEARINGS SHOWN HEREON ARE BASED UPON THE SOUTH LINE J 2 . 27 FEET TO A POINT ON CURVE CONCAVE NORTHERLY , HAVING A OF SECTION 12 , TOWNSHIP 33 SOUTH , RANGE 39 EAST, AS HAVING AN RADIUS OF 25 FEET AND A CHORD BEARING OF S8708 ' 57 "W, SAID POINT ASSUMED BEARING OF S89 '4V23 " E . ALSO LYING ON THE NORTHERLY RIGHT OF WAY LINE OF 8th STREET PER OFFICIAL RECORDS BOOK 67 , PAGE 308 ; THENCE RUN ALONG THE ARC 6 . THE 80 FOOT WIDE RIGHT OF WAY FOR OLD DIXIE HIGHWAY AS ;r OF SAID CURVE THROUGH A CENTRAL ANGLE OF 6' 19 ' 43 ", AN ARC SHOWN ON THE RIGHT OF WAY MAP FOR STATE ROAD No . 605 , PER DISTANCE OF 2 . 76 FEET TO THE POINT OF TANGENT; THENCE RUN P . B . 91 PG , 79 , WAS NEVER DEDICATED , IT IS THE OPINION OF THE N89' 41 ' 23 "W , ALONG THE AFORESAID NORTH RIGHT OF WAY LINE , A INDIAN RIVER COUNTY PUBLIC WORKS DIRECTOR AND SURVEYOR THAT i DISTANCE OF 118 . 47 FEET TO THE POINT OF BEGINNING , THE RIGHT OF WAY STILL REMAINS 66 FEET WIDE, UNLESS AN ADJOINING PROPERTIES DEED REFERENCES THE RIGHT OF WAY AS - CONTAINING : 243 SQUARE FEET, 0 . 006 ACRES , MORE OR LESS . SHOWN ON SAID PLAT. r, i s t s LEGEND & ABBREVIATIONS ORB = OFFICIAL RECORDS BOOK PROP = PROPERTY = CENTERLINE FND = FOUND ( P ) = PLATTED COARSE AND /OR DISTANCE P . T. = POINT OF TANGENT CB = CATCH BASIN HYDT = HYDRANT P . B . = PLAT BOOK R = RADIUS I CONC = CONCRETE IR &C = IRON ROD AND CAP P . B . S . = St . LUCIE COUNTY PLAT BOOK SEC = SECTION COR = CORNER LLC = LIMITED LIABILITY CORPORATION P . O. B . = POINT OF BEGINNING WV = WATER VALVE EjP = EDGE vF PAl'FMENT L = LENGTH P . O . C . = POINT OF COMMENCEMENT d = DELTA OR CENTRAL i ANGLE CERTIFICATION SVEYOR AND MAPPER IN RESPONSIBLE CHARGE NOT COMPLETE WITHOUT SHEET 2 OF 2 .A/, J y } Z - Z ( THIS IS NOT A BOUNDARY SURVEY - DAVID . 1 _ SILON P . S . M . DATE SKETCH TO ACCOMPANY LEGAL DESCRIPTION FLORIDA :REGISTRATION No . 6139 PREPARED FOR INDIAN RIVER COUNTY ENGINEERING DEPARTMENT INDIAN RIVER F; SSISTANT COUNTY SURVEYOR RIVER NMAN RIVER COUNTY ADMINISTRATION BUILDING � pwER INDIAN RIVEIT COUNTY DRAWN 8�: SEE T I0 � 1 SHEET I 801 27th STREET Deporlmenf of Public Works D. SIL ON _ ^ 1N S 33S. SKETCH AND DESCRIPTION OF J VERO BEACH , FL 32960 APPROVED BY: PARCEL 2A - S/DEWALK EASEMENT / ( 772) 567 - 8000 � Engineering Division Do SIL ON RANGE 39E, cF 2 LEGAL DESCRIPTION : PARCEL 2A (SIDEWALK EASEMENT) NOTES A 2 . 00 FOOT WIDE STRIP OF LAND FOR THE PURPOSE OF OBTAINING A 1 . THIS SKETCH OF DESCRIPTION IS NOT VALID WITHOUT THE RIGHT OF WAY EASEMENT FOR 8TH STREET, SAID LAND BEING A PORTION SIGNATURE AND THE ORIGINAL RAISED SEAL OF THE FLORIDA OF THOSE LANDS RECORDED IN OFFICIAL RECORDS BOOK 1794 , PAGE REGISTERED SURVEYOR AND MAPPER NAMED HEREON . 15052 OF THE PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA, SAID 2 . THIS SKETCH OF DESCRIPTION MEETS OR EXCEEDS ALL LAND LYING IN SECTION 12 , TOWNSHIP 33 SOUTH , RANGE 39 EAST, APPLICABLE REQUIREMENTS OF THE MINIMUM TECHNICAL STANDARDS AS BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS : ESTABLISHED IN CHAPTER 61G17 - 6 , FLORIDA ADMINISTRATIVE CODE . LL COMMENCE AT THE SOUTHWEST CORNER OF SAID SECTION 12 ; THENCE 3 . THIS SKETCH AND DESCRIPTION WAS PREPARED WITH THE BENEFIT OF RUN S89' 41 ' 23 "E, ALONG THE SOUTH LINE OF SAID SECTION 12 , A OF AN OWNERSHIP AND ENCUMBRANCE REPORT PREPARED BY DISTANCE OF 1730 . 71 FEET; THENCE DEPARTING SAID SOUTH LINE RUN ATLANTIC COASTAL TITLE CORPORATION FOR INDIAN RIVER COUNTY, N00010 ' 36 " E, PARALLEL WITH THE WEST LINE OF SAID SECTION 12 , A ON THE DATE OF APRIL 19 , 2007 . ( ACTC REPORT No. 27075868 ) DISTANCE OF 40 . 00 FEET TO THE SOUTHWEST CORNER OF THE 4 . THE EXISTING TOPOGRAPHY SHOWN HEREON WAS TAKEN FROM A AFORESAID LANDS , SAID POINT ALSO LYING ON THE NORTH RIGHT OF WAY LINE OF 8th STREET (A 70 FOOT WIDE RIGHT OF WAY) AS DESCRIBED IN TOPOGRAPHIC SURVEY PREPARED BY INDIAN RIVER COUNTY PERSONNEL OFFICIAL RECORDS BOOK 44 , PAGE 536 , FOR A POINT OF BEGINNING ; ON THE DATE OF 3 - 28- 07 , THE PROPOSED SIDEWALK WAS TAKEN THENCE CONTINUE 1\100' 10 ' 36 " E , ALONG THE WEST LINE OF SAID LANDS , FROM THE ENGINEERING PLANS FOR THE 8th STREET SIDEWALK , m A DISTANCE OF 2 . 00 FEET; THENCE DEPARTING SAID WEST LINE RUN PREPARED BY INDIAN RIVER COUNTY PERSONNEL ON THE DATE OF S89' 41923 "£ , PARALLEL WITH THE SOUTH LINE OF SAID SECTION 12 , A 6 - 11 - 07 , DISTANCE OF 122 . 55 FEET ; THENCE RUN S35' 53 ' 45 "W A DISTANCE OF 5 , THE BEARINGS SHOWN HEREON ARE BASED UPON THE SOUTH LINE J 2 . 27 FEET TO A POINT ON CURVE CONCAVE NORTHERLY , HAVING A OF SECTION 12 , TOWNSHIP 33 SOUTH , RANGE 39 EAST, AS HAVING AN RADIUS OF 25 FEET AND A CHORD BEARING OF S8708 ' 57 "W, SAID POINT ASSUMED BEARING OF S89 '4V23 " E . ALSO LYING ON THE NORTHERLY RIGHT OF WAY LINE OF 8th STREET PER OFFICIAL RECORDS BOOK 67 , PAGE 308 ; THENCE RUN ALONG THE ARC 6 . THE 80 FOOT WIDE RIGHT OF WAY FOR OLD DIXIE HIGHWAY AS ;r OF SAID CURVE THROUGH A CENTRAL ANGLE OF 6' 19 ' 43 ", AN ARC SHOWN ON THE RIGHT OF WAY MAP FOR STATE ROAD No . 605 , PER DISTANCE OF 2 . 76 FEET TO THE POINT OF TANGENT; THENCE RUN P . B . 91 PG , 79 , WAS NEVER DEDICATED , IT IS THE OPINION OF THE N89' 41 ' 23 "W , ALONG THE AFORESAID NORTH RIGHT OF WAY LINE , A INDIAN RIVER COUNTY PUBLIC WORKS DIRECTOR AND SURVEYOR THAT i DISTANCE OF 118 . 47 FEET TO THE POINT OF BEGINNING , THE RIGHT OF WAY STILL REMAINS 66 FEET WIDE, UNLESS AN ADJOINING PROPERTIES DEED REFERENCES THE RIGHT OF WAY AS - CONTAINING : 243 SQUARE FEET, 0 . 006 ACRES , MORE OR LESS . SHOWN ON SAID PLAT. r, i s t s LEGEND & ABBREVIATIONS ORB = OFFICIAL RECORDS BOOK PROP = PROPERTY = CENTERLINE FND = FOUND ( P ) = PLATTED COARSE AND /OR DISTANCE P . T. = POINT OF TANGENT CB = CATCH BASIN HYDT = HYDRANT P . B . = PLAT BOOK R = RADIUS I CONC = CONCRETE IR &C = IRON ROD AND CAP P . B . S . = St . LUCIE COUNTY PLAT BOOK SEC = SECTION COR = CORNER LLC = LIMITED LIABILITY CORPORATION P . O. B . = POINT OF BEGINNING WV = WATER VALVE EjP = EDGE vF PAl'FMENT L = LENGTH P . O . C . = POINT OF COMMENCEMENT d = DELTA OR CENTRAL i ANGLE CERTIFICATION SVEYOR AND MAPPER IN RESPONSIBLE CHARGE NOT COMPLETE WITHOUT SHEET 2 OF 2 .A/, J y } Z - Z ( THIS IS NOT A BOUNDARY SURVEY - DAVID . 1 _ SILON P . S . M . DATE SKETCH TO ACCOMPANY LEGAL DESCRIPTION FLORIDA :REGISTRATION No . 6139 PREPARED FOR INDIAN RIVER COUNTY ENGINEERING DEPARTMENT INDIAN RIVER F; SSISTANT COUNTY SURVEYOR RIVER NMAN RIVER COUNTY ADMINISTRATION BUILDING � pwER INDIAN RIVEIT COUNTY DRAWN 8�: SEE T I0 � 1 SHEET I 801 27th STREET Deporlmenf of Public Works D. SIL ON _ ^ 1N S 33S. SKETCH AND DESCRIPTION OF J VERO BEACH , FL 32960 APPROVED BY: PARCEL 2A - S/DEWALK EASEMENT / ( 772) 567 - 8000 � Engineering Division Do SIL ON RANGE 39E, cF 2 LS3 Nd 61 9 ? Z, 6007. / 9ZiZ 6 " DslDbo ] 21005 - SSb0� 6 '^ P� 1S 41P, - S '� VO \ sl � a( oia paido , Atp ,ny � � oi , , A6u , , aalrifu _)\ j GO X 3 Q L4 U � z � W w W) Uc� � v Q WLN z o (� c•i F CD O U w Z w z W Z 4! V 4A� W � w m < J Z W a o i \ Rw O = Q U CL T2 gP0f1-" ... z o m o CL D' ' C) 0 o (Y . GT w C7 (n 1, 11 p CK o 7 `� O UN L&Ml) a o \ J 4 \ W U Z. < .) N 4- Q F— 1— w c� Q z F- a � o ° 33 - 39 - 12 - 00000 - 5000 - 00059 . 0 W `\ \ V) T. 0 Z ; Qi o Qi IQ SDGR , LLC & ROBB GREENFIELD \\ 'r Y m 1 J r IQ PER ORB 1794, PG 1505 \0 \ O 60 o z o 1� (L U WC" BASIN \ � , � \ Z w (� n. R. V Nl w \ ovC PAD \ v a o '� �L �1 IRMFIC snl. .r� ' ' \ a. J 0 '� r11- PULL BOx 'V h aw RAW PE 2A R o a z Iof z PARCEL O.R . B . 6 / , PG . 308 _ GON ILUv ( Q o t EIA ARCS \ Rl o L S89' 41 23 "E 122 . 55 PARCT ns TAKING5 \ N ..... . . ... _ ._}l f` O RRa 71 , PC, 291 I p�.__`, "a_ t --X1 9--4-i-- 2 - a+V- 4-1'-1-$ 47 to 9 \ IrPI { C _:l O _ . _ T t4 Vf. V. 11 P . 0 . B . 0� 8fh STREET 2 M W SW PROP COR I v z � v , o 1730 , 71 ' r. (GL£NDAL £ ROAD) m �L i 6 N C it 13 . /f A' 89 '41 23 E S UNE OF SEC 17 .33 - 39 � r7 00 U) N q) y�j p . _ -- - �• 14 13 E /R Z '- _ _ - - -- er � � ' \ M te no i0 LoC I rc II N N m W rj I �0 901 ( P ) — - - vSo rc o g ° Lu BLOCK A , IREAMS GLEN / RLr) ed P . B . 61, PG . 46 C) d' IL 10 O I a . 1 Qa U - t ;� 33 - 39-- 1300001 33 - 39 - 13 --00001 a \ �� W PER � U) 0010 - 00002 . 0 0010 - 00001 . 0 5 Fz � 1 C 55 ID LEADER TOMKINS, LLC I KAEHULANI , LLC ol„ �- o A� pG A6 \ 0I U) v, m p� 6 ' 0 Ln z 7 a rV) ' OF In , m 00 p ?_ Q \ M ] r Tc0 1`".711 Z N aJ rn ' m 0 N U O 0 fym Of La K Z Q 0 Z LS3 Nd 61 9 ? Z, 6007. / 9ZiZ 6 " DslDbo ] 21005 - SSb0� 6 '^ P� 1S 41P, - S '� VO \ sl � a( oia paido , Atp ,ny � � oi , , A6u , , aalrifu _)\ j GO X 3 Q L4 U � z � W w W) Uc� � v Q WLN z o (� c•i F CD O U w Z w z W Z 4! V 4A� W � w m < J Z W a o i \ Rw O = Q U CL T2 gP0f1-" ... z o m o CL D' ' C) 0 o (Y . GT w C7 (n 1, 11 p CK o 7 `� O UN L&Ml) a o \ J 4 \ W U Z. < .) N 4- Q F— 1— w c� Q z F- a � o ° 33 - 39 - 12 - 00000 - 5000 - 00059 . 0 W `\ \ V) T. 0 Z ; Qi o Qi IQ SDGR , LLC & ROBB GREENFIELD \\ 'r Y m 1 J r IQ PER ORB 1794, PG 1505 \0 \ O 60 o z o 1� (L U WC" BASIN \ � , � \ Z w (� n. R. V Nl w \ ovC PAD \ v a o '� �L �1 IRMFIC snl. .r� ' ' \ a. J 0 '� r11- PULL BOx 'V h aw RAW PE 2A R o a z Iof z PARCEL O.R . B . 6 / , PG . 308 _ GON ILUv ( Q o t EIA ARCS \ Rl o L S89' 41 23 "E 122 . 55 PARCT ns TAKING5 \ N ..... . . ... _ ._}l f` O RRa 71 , PC, 291 I p�.__`, "a_ t --X1 9--4-i-- 2 - a+V- 4-1'-1-$ 47 to 9 \ IrPI { C _:l O _ . _ T t4 Vf. V. 11 P . 0 . B . 0� 8fh STREET 2 M W SW PROP COR I v z � v , o 1730 , 71 ' r. (GL£NDAL £ ROAD) m �L i 6 N C it 13 . /f A' 89 '41 23 E S UNE OF SEC 17 .33 - 39 � r7 00 U) N q) y�j p . _ -- - �• 14 13 E /R Z '- _ _ - - -- er � � ' \ M te no i0 LoC I rc II N N m W rj I �0 901 ( P ) — - - vSo rc o g ° Lu BLOCK A , IREAMS GLEN / RLr) ed P . B . 61, PG . 46 C) d' IL 10 O I a . 1 Qa U - t ;� 33 - 39-- 1300001 33 - 39 - 13 --00001 a \ �� W PER � U) 0010 - 00002 . 0 0010 - 00001 . 0 5 Fz � 1 C 55 ID LEADER TOMKINS, LLC I KAEHULANI , LLC ol„ �- o A� pG A6 \ 0I U) v, m p� 6 ' 0 Ln z 7 a rV) ' OF In , m 00 p ?_ Q \ M ] r Tc0 1`".711 Z N aJ rn ' m 0 N U O 0 fym Of La K Z Q 0 Z RM - Old Nixie Hwy . at 8'h Street Parcel #33391200000500000059 . 0 Instrument prepared by and should be 201 E775 Returned to County Attorney 's Office THIS DOCUMENT HAS 3 = EN RECORDED IN THE PL :3 IC RE ::: UF DS OF INDIAN RIVER COL JTY FL BK :2367 PG351 , Pagel of 09; 092009 at 1023 AM , DOCT '11;K IF $C3 '3c' EFI REY K BARTON , CL = RK O 3CLJRT STATUTORY WARRANTY DEED THIS INDENTURE , made this day of L 711veltl' 2009 , between SDGR , LLC , a Florida limited liability company , whose address is 1535 Shorelands Drive East , Vero Beach , FL 32963 , GRANTOR , and INDIAN RIVER COUNTY , a political subdivision of the State of Florida , 1801 27th Street , Vero Beach , FL 32960 , GRANTEE , WITNESSETH THAT : GRANTOR , for and in consideration of the succi of Three Thousand Three Hundred Thirty-Two Dollars and other good and valuable consideration to GRANTOR in hand paid by GRANTEE , the receipt of which is hereby acknowledged , has granted , bargained , and sold to the GRANTEE , and GRANTEE ' S heirs and assigns forever , the following described land situate , lying , and being in Indian River County , Florida : SEE EXHIBIT " A" ATTACHED HERETO AND MADE A PART HEREOF AND GRANTOR does hereby fully warrant the title to the said land , and will defend the same against the lawful claims of all persons whomsoever . Sign4in? resencq of : SDGR , LLC , a Florida limited IV liability company sign : 'tc �� messPrinted nam . d sign : I� � By Witness -7 ,J D Printed name: �� CCC C � e � f/,/ Printed name and title : _M. _,_-- Frl+— anaging-Member STATE OF FLORID1 COUNTY OF The foregoing instrument was acknowledged before me this /'� day of X ? 2009 , by Robb H . Greenfield , as Managing Member of SDGR , LLC , a Florida limited liabi' company , on behalf of same . S/he is personally own to 1 o duced as identification . sign : N ar Public Stamped seal with printed name , - - -- � commission # & expiration date oxy N40tan a, rbhc State of Florida L,. +• "PV Ann M Murico ;v . `;cxrimission DD505450 Ci f�' - Expires 01 /30/2010 RM - Old Nixie Hwy . at 8'h Street Parcel #33391200000500000059 . 0 Instrument prepared by and should be 201 E775 Returned to County Attorney 's Office THIS DOCUMENT HAS 3 = EN RECORDED IN THE PL :3 IC RE ::: UF DS OF INDIAN RIVER COL JTY FL BK :2367 PG351 , Pagel of 09; 092009 at 1023 AM , DOCT '11;K IF $C3 '3c' EFI REY K BARTON , CL = RK O 3CLJRT STATUTORY WARRANTY DEED THIS INDENTURE , made this day of L 711veltl' 2009 , between SDGR , LLC , a Florida limited liability company , whose address is 1535 Shorelands Drive East , Vero Beach , FL 32963 , GRANTOR , and INDIAN RIVER COUNTY , a political subdivision of the State of Florida , 1801 27th Street , Vero Beach , FL 32960 , GRANTEE , WITNESSETH THAT : GRANTOR , for and in consideration of the succi of Three Thousand Three Hundred Thirty-Two Dollars and other good and valuable consideration to GRANTOR in hand paid by GRANTEE , the receipt of which is hereby acknowledged , has granted , bargained , and sold to the GRANTEE , and GRANTEE ' S heirs and assigns forever , the following described land situate , lying , and being in Indian River County , Florida : SEE EXHIBIT " A" ATTACHED HERETO AND MADE A PART HEREOF AND GRANTOR does hereby fully warrant the title to the said land , and will defend the same against the lawful claims of all persons whomsoever . Sign4in? resencq of : SDGR , LLC , a Florida limited IV liability company sign : 'tc �� messPrinted nam . d sign : I� � By Witness -7 ,J D Printed name: �� CCC C � e � f/,/ Printed name and title : _M. _,_-- Frl+— anaging-Member STATE OF FLORID1 COUNTY OF The foregoing instrument was acknowledged before me this /'� day of X ? 2009 , by Robb H . Greenfield , as Managing Member of SDGR , LLC , a Florida limited liabi' company , on behalf of same . S/he is personally own to 1 o duced as identification . sign : N ar Public Stamped seal with printed name , - - -- � commission # & expiration date oxy N40tan a, rbhc State of Florida L,. +• "PV Ann M Murico ;v . `;cxrimission DD505450 Ci f�' - Expires 01 /30/2010 LEGAL DESCRIPTION : PARCEL 2 ( PROPOSED RIGHT OF WAY) NOTES A PORTION OF THOSE LANDS AS RECORDED IN OFFICIAL RECORDS BOOK 1 , THIS SKETCH OF DESCRIPTION IS NOT VALID WITHOUT THE 17940 PAGE 1505 , OF THE PUBLIC RECORDS OF INDIAN RIVER COUNTY, SIGNATURE AND THE ORIGINAL RAISED SEAL OF THE FLORIDA FLORIDA, FOR THE PURPOSE OF OBTAINING ADDITIONAL RIGHT OF WAY REGISTERED SURVEYOR AND MAPPER NAMED HEREON . FOR OLD DIXIE HIGHWAY; SAID LANDS LYING IN SECTION 12 , TOWNSHIP 2 , THIS SKETCH OF DESCRIPTION MEETS OR EXCEEDS ALL 33 SOUTH , RANGE 39 EAST, BEING MORE PARTICULARLY DESCRIBED AS APPLICABLE REQUIREMENTS OF THE MINIMUM TECHNICAL STANDARDS AS FOLLOWS : ESTABLISHED IN CHAPTER 61 (317 - 6 , FLORIDA ADMINISTRATIVE CODE, COMMENCE AT THE SOUTHWEST CORNER OF SAID SECTION 12 ; THENCE 3 , THIS SKETCH AND DESCRIPTION WAS PREPARED WITH THE BENEFIT OF RUN S89041 ' 23 "E , ALONG THE SOUTH LINE OF SAID SECTION 12 , A OF AN OWNERSHIP AND ENCUMBRANCE REPORT PREPARED BY DISTANCE OF 1851 . 93 FEET; THENCE DEPARTING SAID SOUTH LINE RUN ATLANTIC COASTAL TITLE CORPORATION FOR INDIAN RIVER COUNTY, N00' 10 ' 3601E, PARALLEL WITH THE WEST LINE OF SAID SECTION 12 , A ON THE DATE OF APRIL 19 , 2007 . ( ACTC REPORT No , 27075868) DISTANCE OF 40 . 15 FEET TO A POINT ON THE NORTHERLY RIGHT OF WAY LINE OF 8th STREET (A 70 FOOT WIDE RIGHT OF WAY) AS DESCRIBED IN 4, THE EXISTING TOPOGRAPHY SHOWN HEREON WAS TAKEN FROM A OFFICIAL RECORDS BOOK 67 , PAGE 308 , FOR A POINT OF BEGINNING ; TOPOGRAPHIC SURVEY PREPARED BY INDIAN RIVER COUNTY PERSONEL THENCE RUN N35' 53 ' 45 "E A DISTANCE OF 28 . 85 FEET; THENCE RUN ON THE DATE OF 3- 28 - 07. THE PROPOSED SIDEWALK WAS TAKEN N18' 52002 "W, PARALLEL WITH AND 7 . 00 FEET WESTERLY OF THE FROM THE ENGINEERING PLANS FOR THE 8th STREET SIDEWALK , WESTERLY RIGHT OF WAY LINE OF OLD DIXIE HIGHWAY ( RIGHT OF WAY PREPARED BY INDIAN RIVER COUNTY PERSONNEL ON THE DATE OF o VARIES) AS SHOWN ON SHEET 3 OF 3 OF THE STATE ROAD DEPARTMENT 6 - 11 - 07. RIGHT OF WAY MAP FOT GLENDALE ROAD (SECTION 8858 - 151 ) , A 5, THE BEARINGS SHOWN HEREON ARE BASED UPON THE SOUTH LINE ~ DISTANCE OF 80 . 71 FEET TO THE MOST SOUTHWESTERLY CORNER OF THE OF SECTION 12 , TOWNSHIP 33 SOUTH , RANGE 39 EAST, AS HAVING AN PARCEL OF LAND DESCRIBED IN OFFICIAL RECORDS BOOK 411 , PAGE ASSUMED BEARING OF S89 '4V23" E , 445 ; THENCE RUN N00' 10 '36 "E , PARALLEL WITH THE WEST LINE OF SAID SECTION 12 , A DISTANCE OF 21 . 52 FEET TO THE MOST SOUTHEASTERLY 6 . THE 80 FOOT WIDE RIGHT OF WAY FOR OLD DIXIE HIGHWAY AS CORNER OF SAID LANDS PER OFFICIAL RECORDS BOOK 411 , PAGE 445 ; SHOWN ON THE RIGHT OF WAY MAP FOR STATE ROAD No . 605 , PER THENCE RUN S18' 52702 "E ALONG SAID WESTERLY RIGHT OF WAY LINE OF P . B . 9 , PG , 79 , WAS NEVER DEDICATED , IT IS THE OPINION OF THE OLD DIXIE HIGHWAY, A DISTANCE OF 93 . 33 FEET TO THE POINT OF INDIAN RIVER COUNTY PUBLIC WORKS DIRECTOR AND SURVEYOR THA CURVATURE OF A TANGENT CURVE CONCAVE NORTHWESTERLY AS THE RIGHT OF WAY STILL REMAINS 66 FEET WIDE , UNLESS AN RECORDED IN OFFICIAL RECORDS BOOK 67 , PAGE 308 , SAID CURVE ADJOINING PROPERTIES DEED REFERENCES THE RIGHT OF WAY AS HAVING A RADIUS OF 25 . 00 FEET; THENCE RUN ALONG THE ARC OF SAID SHOWN ON SAID PLAT. CURVE THROUGH A CENTRAL ANGLE OF 102' 5119PIP AN ARC DISTANCE OF 44 . 88 FEET TO THE POINT OF BEGINNING . P . O . C. = POINT OF COMMENCEMENT CONTAINING _ 833 SQUARE FEET, 0 . 02 ACRES , MORE OR LESS . L = ARC LENGTH P . T. = POINT OF TANGENT LLC = LIMITED LIABILITY CORPORATION PROP = PROPERTY s ` LEGEND & % BBREVIATIONS COR = CORNER ORB = OFFICIAL RECORDS BOOK R = RADIUS E /P = EDGE OF PAVEMENT ( P ) = PLATTED COARSE AND /OR DISTANCE SEC = SECTION CL = CENTERUNE FND = FOUND P . B . = PLAT BOOK SRD = STATE ROAD DEPARTMENT CB = CATCH "BASIN HYDT = HYDRANT P . B . S . = St . LUCIE COUNTY PLAT BOOK WV = WATER VALVE ,} CONC = CONCRETE IR & C = IRON ROD AND CAP P . O . B . = POINT OF BEGINNING p = DELTA OR CENTRAL ANGLE ! CER TiFICATION SAVEYOR AND MAPPE IN RESPONSIBLE CHARGE f NOT COMPLETE WITHOUT SHEET 2 OF 2 . THIS IS NOT A BOUNDARY SURVEY U DAVID M . SGIST REGISTRATION DATE SKETCH TO ACCOMPANY LEGAL DESCRIPTION FLORIDA REGISTRATION No . 6139 INDIAN RIVER ASSISTANT COUNTY SURVEYOR PREPARED FOR INDIAN RIVER COUNTY ENGINEERING DEPARTMENT NG R _V= a r . NTY ADMINiSTRATtON Bt� ILD � N ,^, arvdR DRAWN BYE ` R 27th S?RE �� /ND/AN RIMER COUNTY D SIL ON S 12 SKETCH AND DESCRIPTION OF SYS v & AC .t szeao DeQorfinenf of Pub/ic Works APPROVED BY rJ 't1{ N S) HP 335. P4RCEL 2-PROPOSED RIGHT OF W4Y � �z > ss � avec < �a , nA Engineering Division D_ S/LON RANGE 39E. aF .2 LEGAL DESCRIPTION : PARCEL 2 ( PROPOSED RIGHT OF WAY) NOTES A PORTION OF THOSE LANDS AS RECORDED IN OFFICIAL RECORDS BOOK 1 , THIS SKETCH OF DESCRIPTION IS NOT VALID WITHOUT THE 17940 PAGE 1505 , OF THE PUBLIC RECORDS OF INDIAN RIVER COUNTY, SIGNATURE AND THE ORIGINAL RAISED SEAL OF THE FLORIDA FLORIDA, FOR THE PURPOSE OF OBTAINING ADDITIONAL RIGHT OF WAY REGISTERED SURVEYOR AND MAPPER NAMED HEREON . FOR OLD DIXIE HIGHWAY; SAID LANDS LYING IN SECTION 12 , TOWNSHIP 2 , THIS SKETCH OF DESCRIPTION MEETS OR EXCEEDS ALL 33 SOUTH , RANGE 39 EAST, BEING MORE PARTICULARLY DESCRIBED AS APPLICABLE REQUIREMENTS OF THE MINIMUM TECHNICAL STANDARDS AS FOLLOWS : ESTABLISHED IN CHAPTER 61 (317 - 6 , FLORIDA ADMINISTRATIVE CODE, COMMENCE AT THE SOUTHWEST CORNER OF SAID SECTION 12 ; THENCE 3 , THIS SKETCH AND DESCRIPTION WAS PREPARED WITH THE BENEFIT OF RUN S89041 ' 23 "E , ALONG THE SOUTH LINE OF SAID SECTION 12 , A OF AN OWNERSHIP AND ENCUMBRANCE REPORT PREPARED BY DISTANCE OF 1851 . 93 FEET; THENCE DEPARTING SAID SOUTH LINE RUN ATLANTIC COASTAL TITLE CORPORATION FOR INDIAN RIVER COUNTY, N00' 10 ' 3601E, PARALLEL WITH THE WEST LINE OF SAID SECTION 12 , A ON THE DATE OF APRIL 19 , 2007 . ( ACTC REPORT No , 27075868) DISTANCE OF 40 . 15 FEET TO A POINT ON THE NORTHERLY RIGHT OF WAY LINE OF 8th STREET (A 70 FOOT WIDE RIGHT OF WAY) AS DESCRIBED IN 4, THE EXISTING TOPOGRAPHY SHOWN HEREON WAS TAKEN FROM A OFFICIAL RECORDS BOOK 67 , PAGE 308 , FOR A POINT OF BEGINNING ; TOPOGRAPHIC SURVEY PREPARED BY INDIAN RIVER COUNTY PERSONEL THENCE RUN N35' 53 ' 45 "E A DISTANCE OF 28 . 85 FEET; THENCE RUN ON THE DATE OF 3- 28 - 07. THE PROPOSED SIDEWALK WAS TAKEN N18' 52002 "W, PARALLEL WITH AND 7 . 00 FEET WESTERLY OF THE FROM THE ENGINEERING PLANS FOR THE 8th STREET SIDEWALK , WESTERLY RIGHT OF WAY LINE OF OLD DIXIE HIGHWAY ( RIGHT OF WAY PREPARED BY INDIAN RIVER COUNTY PERSONNEL ON THE DATE OF o VARIES) AS SHOWN ON SHEET 3 OF 3 OF THE STATE ROAD DEPARTMENT 6 - 11 - 07. RIGHT OF WAY MAP FOT GLENDALE ROAD (SECTION 8858 - 151 ) , A 5, THE BEARINGS SHOWN HEREON ARE BASED UPON THE SOUTH LINE ~ DISTANCE OF 80 . 71 FEET TO THE MOST SOUTHWESTERLY CORNER OF THE OF SECTION 12 , TOWNSHIP 33 SOUTH , RANGE 39 EAST, AS HAVING AN PARCEL OF LAND DESCRIBED IN OFFICIAL RECORDS BOOK 411 , PAGE ASSUMED BEARING OF S89 '4V23" E , 445 ; THENCE RUN N00' 10 '36 "E , PARALLEL WITH THE WEST LINE OF SAID SECTION 12 , A DISTANCE OF 21 . 52 FEET TO THE MOST SOUTHEASTERLY 6 . THE 80 FOOT WIDE RIGHT OF WAY FOR OLD DIXIE HIGHWAY AS CORNER OF SAID LANDS PER OFFICIAL RECORDS BOOK 411 , PAGE 445 ; SHOWN ON THE RIGHT OF WAY MAP FOR STATE ROAD No . 605 , PER THENCE RUN S18' 52702 "E ALONG SAID WESTERLY RIGHT OF WAY LINE OF P . B . 9 , PG , 79 , WAS NEVER DEDICATED , IT IS THE OPINION OF THE OLD DIXIE HIGHWAY, A DISTANCE OF 93 . 33 FEET TO THE POINT OF INDIAN RIVER COUNTY PUBLIC WORKS DIRECTOR AND SURVEYOR THA CURVATURE OF A TANGENT CURVE CONCAVE NORTHWESTERLY AS THE RIGHT OF WAY STILL REMAINS 66 FEET WIDE , UNLESS AN RECORDED IN OFFICIAL RECORDS BOOK 67 , PAGE 308 , SAID CURVE ADJOINING PROPERTIES DEED REFERENCES THE RIGHT OF WAY AS HAVING A RADIUS OF 25 . 00 FEET; THENCE RUN ALONG THE ARC OF SAID SHOWN ON SAID PLAT. CURVE THROUGH A CENTRAL ANGLE OF 102' 5119PIP AN ARC DISTANCE OF 44 . 88 FEET TO THE POINT OF BEGINNING . P . O . C. = POINT OF COMMENCEMENT CONTAINING _ 833 SQUARE FEET, 0 . 02 ACRES , MORE OR LESS . L = ARC LENGTH P . T. = POINT OF TANGENT LLC = LIMITED LIABILITY CORPORATION PROP = PROPERTY s ` LEGEND & % BBREVIATIONS COR = CORNER ORB = OFFICIAL RECORDS BOOK R = RADIUS E /P = EDGE OF PAVEMENT ( P ) = PLATTED COARSE AND /OR DISTANCE SEC = SECTION CL = CENTERUNE FND = FOUND P . B . = PLAT BOOK SRD = STATE ROAD DEPARTMENT CB = CATCH "BASIN HYDT = HYDRANT P . B . S . = St . LUCIE COUNTY PLAT BOOK WV = WATER VALVE ,} CONC = CONCRETE IR & C = IRON ROD AND CAP P . O . B . = POINT OF BEGINNING p = DELTA OR CENTRAL ANGLE ! CER TiFICATION SAVEYOR AND MAPPE IN RESPONSIBLE CHARGE f NOT COMPLETE WITHOUT SHEET 2 OF 2 . THIS IS NOT A BOUNDARY SURVEY U DAVID M . SGIST REGISTRATION DATE SKETCH TO ACCOMPANY LEGAL DESCRIPTION FLORIDA REGISTRATION No . 6139 INDIAN RIVER ASSISTANT COUNTY SURVEYOR PREPARED FOR INDIAN RIVER COUNTY ENGINEERING DEPARTMENT NG R _V= a r . NTY ADMINiSTRATtON Bt� ILD � N ,^, arvdR DRAWN BYE ` R 27th S?RE �� /ND/AN RIMER COUNTY D SIL ON S 12 SKETCH AND DESCRIPTION OF SYS v & AC .t szeao DeQorfinenf of Pub/ic Works APPROVED BY rJ 't1{ N S) HP 335. P4RCEL 2-PROPOSED RIGHT OF W4Y � �z > ss � avec < �a , nA Engineering Division D_ S/LON RANGE 39E. aF .2 C ' , rciI OiJ n ur . -� . 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WITH TH z z m W Q o f i W ' LY R/W LINE —' pp � \ Z 0 0 0 IL CA 0 w 3 - 39 - 2 - 00000 - 5000 - 00059 . 0 , « OIo3U Z SDGR , LLC ROBB GREENFIELD w >- o PER ORB 1794 , PG 1505 �� Ut �� ��_.1 � `, , O (f) o fn o � f�oQ o K ' a6VFFC C C `' N3565345 w E � y R 28e85 ' 2� PARCEL 2An_u E` Q C Y RAEE.,RDS or - Ct4 4 (� Arri R25 O ORDER QE TANIM1G ^ f— PARCI , EIRU11 , PG 1 Q ,F -7 C) 2 N ' t � . NM z < . _ n 8hEN O 00Lri �t(GLENDALE ROAD) Qi�mc) cn1 tt7E /P p S89 'h1 ' 23 E 1851 93 II II II 0] ca QS1 U.1wo- S_ LINE -0F_ SEG 1 ? 33 313 - - - -90' (P )04 cro I a BLOCK A , I REAMS GLEN aa POB , 61, PG . 46 0 Lj ' L v+ p R J 3 RR � W �� oEn m 33 -- 39 - - 13 - 00001 33 -- 39 - 13 - 00001 01 \2C�S�C, 00 z z 0010 - 00002 . 0 0010 -- 00001 . 0 ��, � � 5 �1 0 o 0- I LEADER TOMKINS, LLC I KAEHULANI , LLC !its P( R \ti)F�Sg - '`� ow 2 o I 40 �RI� C f> �. a ' lw °� n P� \ oZ �n zLY o o � s n Ltal G) J" W rte•) '� CJ m iv I p U ^ 7 K a) Of 7 4 n z PETITION FOR EXHIBIT 13 ABANDONMENT OF PUBLICLY DEDICATED RIGHTS-OF-WAY AND EASEMENTS OR ALLEYS PROCEDURES A. Petitioner 1 . The Petitioner (Exhibit 1 ) shall be used by the public when requesting the Board of County Commissioners to vacate or abandon rights-of4ay, alleys or easements dedicated to public use . 2 . The Petitioner shall provide an accurate legal description of rights-of4ay, alleys or easements on the petition . An accurate legal description may be obtained from the Clerk of the Circuit Court (Recording Department) . If the alley, easement or right-of-way is in a subdivision, Petitioner shall provide a copy of the subdivision plat. 3 . The Petitioner shall also provide a copy of a deed and letter authorization if applicant is not owner. 4 . The Petitioner shall bear the signature and address of the petitioner and list the property owners (if any) abutting that portion of the public right-of-way or easement requested to be vacated . 5 . The Petitioner shall be addressed to the Board of County Commissioners attention : Planning and Zoning Department, 1840 25 `h Street, Vero Beach , Florida 32960 . Be Fees and Costs for Administration Advertisin2 and Recordine l . Street and Alley Abandonments, etc. a. A $ 700 . 00 fee for recording and administrative costs shall accompany the petition and attachments. The check should be made payable to the Board of County Commissioners . 2. Easement Releases a. A $ 120 . 00 fee shall be paid for recording and administrative costs when petitioning for and easement release . The $ 120 . 00 fee can apply for up to two easement releases if in the same subdivision and unit. b . Easement releases on a series of contiguous lots ( up to four lots in same Block, Unit and Subdivision) will be considered a single request requiring a $ 120 . 00 fee . If a request involves several easement releases within a single subdivision, then an additional $25 . 00 fee will be charged for every two additional easements. Generally one petition application form should be adequate for multiple easement release requests . Right-of Way and Easement Abandonment Checklist All materials must be submitted to complete this application MATERIAL YES NO Fee Right-of Way $ 700 . 00 — Easement $ 120 . 00 x (Make check payable to Indian River County) Complete Petition Copy of Deed or Tax Bill Copy of Plat ( if platted) F :\Engineering\Robert Webb\ROW abandonment. doc LEGAL DESCRIPTION : PARCEL 2B NOTES A PORTION OF THOSE LANDS RECORDED IN OFFICIAL RECORDS BOOK 1 , THIS SKETCH OF DESCRIPTION IS NOT VALID WITHOUT THE 1794 , PAGE 1505 , OF THE PUBLIC RECORDS OF INDIAN RIVER COUNTY, SIGNATURE AND THE ORIGINAL RAISED SEAL OF THE FLORIDA FLORIDA, SAID LAND LYING IN SECTION 12 , TOWNSHIP 33 SOUTH , RANGE REGISTERED SURVEYOR AND MAPPER NAMED HEREON , 39 EAST, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS : 2 . THIS SKETCH OF DESCRIPTION MEETS OR EXCEEDS ALL COMMENCE AT THE SOUTHWEST CORNER OF SAID SECTION 12 ; THENCE APPLICABLE REQUIREMENTS OF THE MINIMUM TECHNICAL STANDARDS AS o RUN D STANCE OF21884 , 340NG FEET,THE THEONCE DEPARTING SAID SOUTH L NEUTH LINE F SAID SECTION 12 , ARUN ESTABLISHED IN CHAPTER 61G17 - 6 , FLORIDA ADMINISTRATIVE CODE, N00' 10 ' 36 " E , PARALLEL WITH THE WEST LINE OF SAID SECTION 12 , A 3 . THIS SKETCH AND DESCRIPTION WAS PREPARED WITH THE BENEFIT OF DISTANCE OF 40 . 00 FEET TO THE POINT OF INTERSECTION OF A CURVE OF AN OWNERSHIP AND ENCUMBRANCE REPORT PREPARED BY Ln CONCAVE NORTHWESTERLY PER OFFICIAL RECORDS BOOK 67 , PAGE 308 ; ATLANTIC COASTAL TITLE CORPORATION FOR INDIAN RIVER COUNTY, N THENCE RUN N18' 52 ' 02 "W, ALONG THE TANGENT OF SAID CURVE , A ON THE DATE OF APRIL 19 , 2007 . ( ACTC REPORT No . 27075868) co DISTANCE OF 35 . 16 FEET TO THE POINT OF TANGENT; SAID POINT ALSO 4 . THE EXISTING TOPOGRAPHY SHOWN HEREON WAS TAKEN FROM A LYING ON THE WESTERLY RIGHT OF WAY OF LINE OF OLD DIXIE HIGHWAY TOPOGRAPHIC SURVEY PREPARED BY INDIAN RIVER COUNTY PERSONNEL PER SHEET 3 OF 3 , OF THE FLORIDA STATE ROAD DEPARTMENT RIGHT OF WAY MAP FOR GLENDALE ROAD ( SECTION 8858 - 151 ) ; THENCE CONTINUE ON THE DATE OF 3- 28 - 07 . THE PROPOSED SIDEWALK WAS TAKEN FROM THE ENGINEERING PLANS FOR THE 8th STREET SIDEWALK , N18052 ' 02 "W , ALONG SAID WESTERLY RIGHT OF WAY LINE , A DISTANCE OF PREPARED BY INDIAN RIVER COUNTY PERSONNEL ON THE DATE OF 93 . 33 FEET TO THE MOST SOUTHEASTERLY CORNER OF THOSE LANDS DESCRIBED IN OFFICIAL RECORDS BOOK 411 , PAGE 445 ; THENCE 6 - 11 - 07. DEPARTING SAID WESTERLY RIGHT OF WAY LINE RUN S00. 10 ' 36 "W, 5. THE BEARINGS SHOWN HEREON ARE BASED UPON THE SOUTH LINE PARALLEL WITH THE WEST LINE OF SECTION 12 , A DISTANCE OF 21 . 52 OF SECTION 12 , TOWNSHIP 33 SOUTH , RANGE 39 EAST, AS HAVING AN FEET TO THE SOUTHWEST CORNER OF THOSE LANDS PER OFFICIAL ASSUMED BEARING OF S89 '41 ' 23 " E. RECORDS BOOK 411 , PAGE 445 FOR A POINT OF BEGINNING ; THENCE CONTINUE S00610 ' 36 "W A DISTANCE OF 24 . 84 FEET; THENCE RUN 6 • THE 80 FOOT WIDE RIGHT OF WAY FOR OLD DIXIE HIGHWAY AS Ln N89' 41 ' 23 "W A DISTANCE OF 3 . 93 FEET; THENCE RUN N00' 10 ' 3609E , SHOWN ON THE RIGHT OF" WAY MAP FOR STATE ROAD No . 605, PER PARALLEL WITH THE WEST LINE OF SAID SECTION121 A DISTANCE OF P . B . 93 PG, 79 , WAS NEVER DEDICATED . IT IS THE OPINION OF THE 3 36 . 26 FEET ' TO A POINT ON THE WESTERLY RIGHT OF WAY LINE OF OLD INDIAN RIVER COUNTY PUBLIC WORKS DIRECTOR AND SURVEYOR THAT i DIXIE HIGHWAY PER OFFICIAL RECORDS BOOK 411 , PAGE 445 ; THENCE THE RIGHT OF WAY STILL REMAINS 66 FEET WIDE, UNLESS AN in RUN S18' 52 ' 02 " E , ALONG SAID WESTERLY RIGHT OF WAY LINE , A ADJOINING PROPERTIES DEED REFERENCES THE RIGHT OF WAY AS DISTANCE OF 12 . 09 FEET TO THE POINT OF BEGINNING . SHOWN ON SAID PLAT. w I Ln CONTAINING : 120 SQUARE FEET, 0 . 003 ACRES , MORE OR LESS , 0 LEGEND & ABBREVIATIONS CL = CENTERLINE ORB = OFFICIAL RECORDS BOOK P . I . = POINT OF INTERSECTION .o FND = FOUND ( P ) = PLATTED COARSE AND /OR DISTANCE P . T. = POINT OF TANGENT a CB = CATCH BASIN HYDT = HYDRANT P . B . = PLAT BOOK = CONC = CONCRETE RADIUS IR &C R= IRON ROD AND CAP P . B . S. = St . LUCIE COUNTY PLAT BOOK SEC = SECTION o COR = CORNER LLC = LIMITED LIABILITY CORPORATION P . O. B . = POINT OF BEGINNING WV = WATER VALVE E /P = EDGE OF PAVEMENT L = LENGTH P . O. C . = POINT OF COMMENCEMENT = DELTA OR CENTRAL CE F ANGLE SUR M P L 0 NOT COMPLETE WITHOUT SHEET 2 OF 2 . DA MA THIS IS NOT A BOUNDARY SURVEY FLO DAi A N SKETCH TO ACCOMPANY LEGAL DESCRIPTION INDIAN RIVER ASSISTANT COUNTY SURVEYOR PREPARED FOR INDIAN RIVER COUNTY ENGINEERING DEPARTMENT NDIAN RIVER COUNTY ADMINISTRATION BUII DING %�� /ND/AN R/1/ER COUNTY DRjoSILON N BY: SECTION 12 1801 27th SIREET SHEET VERO BEACH , FE 32960 �� Deoarfinent of -public Works S/[ ON ------ - --- SKETCH AND DESCRIPTION OF APPROVED BY- TOWNSHIP 33S. / ( » z ) s67 - a000 Engineering Division RANGE Tor PARCEL 229 OF r P . O . C . B - - - - SW COR SEC 12 - 33 - 39 0 25 50 100 ; �i 33 - 39 - 12 - 00000 - 5000- 00061 . 0 FND 5/8 " IR & C A I HEDGE SANDERS, MARY LORRE " CARTER & ASSOC . " IILi C 30 ' R/W P 40 ' R/W PE ~=`- - Z _ IPB 6 , PG 46 ORB 44 , PG 5 6 I C7 0„I r n m I D 0 o W i i N ' LY I �, - - - -- - - - - - - - - - - - - - - - GRAPHIC SCALELO m In Nt I i R /W LIN I� o ° ^) I > r ; ( IN FEET ) oO L4 0 .� ; n O n N I I of t � � m l i r� o I I co I -. . I W O i I o 0 CD CD � a N C) o I a 1i n W o j a n tHI I ++ CO cocn D I I I C) 00 iD ( m O , � PARALLEL WITH TH W . m r�r1 I y l a0 m I m LINE OF SEC 12 - 33 - 39 3 O lr C1DI i II O Oi S00' 10 ' 361VVI cn Ln i m 21 . 52 ' LA r m i D O i L3 CD WILY R/W o z w m - r C-) cn = � u z � ) ii vA ; I NiGo � m -� � LINE Z ( i I � � , � ' y a ' -- , r y o - - �2 33 r n o 0 - - - - - p1� 85Z� 6' P . T. P 40 . 00 ' 35 . o c. 1 N00' 10 ' 36 ' E P . I . LINE R/j Hl �P a / L LINE BEARING DISTANCE p L1 S00910 ' 362W 24 . 84 ' � L2 N890412230'W 3 . 93 ' 0 �� ;_ - , , L3 NOON 10 ' 36 "E 36 . 26 ' 6' !( ; L4 S18' 52 ' 02 ' E 12 . 09 ' a ry �p i 33 - 39 - 12 - 00000- 5000- 00062. 0 w � -- I pao DONATELLI , IRENE S) o �r2 `z , , - � � � moms STANTON , JOH o � z � / �➢�' m NOT COMPLETE WITH 1 0 oR i i� THIS IS NOT A BO E 61 33- 39 - 13 - 00002 - 0020- 00024. 0 � 9 I SKETCH TO ACCOMPA Y Ld wELunlcroN , STEVENS a PREPARED FOR INDIAN RIVER COU I It I HDIAN RIVLR COUNTY ADMINISTRATION BUILDING �. Rr� /ND/AN R/VER COUNTY DRAWN BY: SECTION 12 SHEET 1801 27th STRFF De artment of Pub/ic Works Do SIL ON -- - SKETCH AND DESCR/PT/ON OF 2 VI RO BEACH , FL 32960 —a__- _ - - . APPROVED BY: TOWNSHIP .3.3.5. / ( » 2 ) 567 8000 \\< OR ,oP Engineering Division Do 51L ON RANGE 3940 PARCEL 2B of 2 SECOND ADDENDUM TO AGREEMENT TO PURCHASE AND SALE REAL ESTATE BY AND BETWEEN � � � ' B ' INDIAN RIVER COUNTY , AS BUYER T C AND SDGR, LLC , AS SELLER This Second Addendum is entered into by and between Indian River County (" County ") and SDGR, LLC (" Seller") and is hereby made a part of that Agreement To Purchase And Sale Real Estate between County and Seller made of even date herewith ("Agreement") . 1 . At closing , Seller agrees to execute a sidewalk easement in favor of Indian River County along 8`h Street, the dimensions of said easement being 2 ft . by 122 . 55 ft . , more or less . 2 . The terms and conditions of this Addendum shall be binding upon the parties and shall be made a part of the Agreement. Except as modified herein , the Agreement shall remain in full force and effect . 3 . This Agreement may be executed in any number of duplicate originals and any such duplicate original shall be deemed to constitute one and the same instrument . SELLER : SDGR, LLC , a Florida limited INDIAN RIVER COUNTY, FLORIDA liability compwy BOARD OF COUNTY COMMISSIONERS By : By • —' obVGreenfield , Gen . Mgr , Wesley S . ; Davis , Charman Date Signed : Date Signed : Pr L 21 , 2009 Approved as to form and legal suffih. cy : Attest : J . K . Barton , Clerk By . By : Av William K . 16edraal Deputy Clerk Deputy County Attorney Date Signed : 8pri1 21 , 2009 Indian River County Board of Co my Commissioners : By : Q\n Nil 6CW 7 h A . Baird , County Administrator { Parcel #33391200000500000059 . 0 8th Street at Old Dixie Hwy . r '016776 This document was prepared THIS DOCUMENT HAS :3 = EN by and should be returned to: RECORDED IN THE PL :3 _ IC RE :_; C) F DS Indian River County Attorney's Office OF INDIAN RIVER CUL N FY FL BK : 2367 PG : 354 , F' agt I of 3 09J09 2009 at 10 23 AM , : DOCT � FD $0 70 EASEMENT JLFFREY K BARTON , ! ; L . RI{ C) Ct ) URT This Grant of Easement, made and executed this dCl day of G/ZLG2 2009 , by SDGR, LLC , a Florida limited liability company , whose address is 1535 Shorelands Drive East, Vero Beach , FL 32963 , hereinafter called GRANTOR * , to INDIAN RIVER COUNTY , FLORIDA , a political subdivision of the State of Florida, whose address is 1801 27th Street, Vero Beach, FL 32960 , hereinafter called GRANTEE * , * Whenever used herein the term GRANTOR and GRANTEE, include all parties to this instrument and their heirs, legal representatives , successors, and assigns . WITNESSETH : That GRANTOR for and in consideration of the sum of One Dollar and other consideration , receipt of which is hereby acknowledged , does hereby grant, bargain , sell , alien , remise , release , convey, and confirm unto the GRANTEE an EASEMENT FOR SIDEWALK PURPOSES on , over, across , and beneath the following described land , situate in Indian River County , Florida, to-wit : See Exhibit "A" Attached Hereto and Made A Part Hereof And GRANTOR hereby covenants with said GRANTEE that it is lawfully seized of said servient land in fee simple, and that it has good right and lawful authority to convey the easement established hereby and will defend the same against the lawful claims of all persons whomsoever . IN WITNESS WHEREOF , the GRANTOR has herein set its hand and seal the day and year first above written . Signed , sealed, and delivered SDGR, LLC , a Florida limited liability in the pre gce of:company sigi LC By ksS b Greenfield , Managing Member printed namest �ti signJ1v Witnes printed name : � � C STATE OF FLORIDA COUNTY OF INDIAN RIVER The foregoing instrument was sworn to and subscribed before me this day of, �"' ' ' , 2009 , by Robb H . Greenfield , Managing Member of SDGR , LLC , a Florida limited liability company , on behalf of same . He is personally known to me or produced as identification . Stamped Seal with Commission tgn Name, Number & Expiration Date N y Public ro.�° ° a f N r public State of Florida nr . Ann M Munco c ^,Iv ornmission DD505450 1 Y Pte. i, OF PQxpir�,s Oli30i2010