HomeMy WebLinkAbout2014-043`t .620/Lf
PURCHASE AND SALE AGREEMENT b i v- 0'43 /3
i oft
THIS PURCHASE AND SALE AGREEMENT (the Agreement) is entered into as
of the sth day of April, 2014, by and between Indian River County, a political
subdivision of the State of Florida, whose address is 1801 27th Street, Vero Beach, FL
32960 (the County), and Cumberland Farms, Inc., a Delaware corporation authorized to
do business in the State of Florida, whose address is 100 Crossing Boulevard,
Framingham, MA 01702 (Cumberland). Cumberland and the County (the Parties)
agree as follows:
RECITALS
WHEREAS, Cumberland has submitted an application to construct a
convenience store with fuel service located at the northeast corner of Oslo Road and
27th Avenue in Indian River County (the 'Cumberland Development' ); and
WHEREAS the County owns an 80 foot right of way strip of property in front of
the Cumberland site parallel to Oslo Road. The strip is encumbered with a 30 foot wide
access easement along the eastern edge of the 80 foot strip and benefits the property
to the north of the strip (the "Initial Easement) The 80' strip and the Initial Easement
are shown on the aerial photo, attached as Exhibit "A"; and
WHEREAS, Cumberland seeks to expand the width of the easement in order to
accommodate semi tractor -trailer deliveries, a sidewalk, and general ingress/egress for
the Cumberland Development, all as shown on the sketch and legal description
attached as Exhibit "B"; and
WHEREAS, for the consideration and terms as set forth herein, the County shall
convey an access easement to Cumberland over the property described in Exhibit "B"
(the Property) for the use and benefit of its employees, guests and customers and those
benefited by the Initial Easement, in accordance with the Easement attached hereto as
Exhibit "C'; and
WHEREAS, each Party agrees that this Agreement is in the best interest of the
County and Cumberland, respectively.
NOW THEREFORE, in consideration of the mutual undertakings herein, and
other good and valuable consideration, the receipt and adequacy of which is hereby
acknowledged, the Parties agree, as follows:
1. The above recitals are true and correct and are incorporated by this reference
herein.
2. Agreement to Purchase and Sell and Grant. The County hereby agrees to
convey to Cumberland a perpetual, non-exclusive easement, for access as shown on
the sketch and legal description attached as Exhibit "B' in accordance with the
Easement attached hereto as Exhibit "C".
ORLDOCS 13368037 2
3. Purchase Price; Effective Date. Cumberland shall pay the County TWENTY-
FIVE THOUSAND dollars ($25,000.) for the Property (the Purchase Price). The
Purchase Price shall be paid on the Closing Date (as such term is hereinafter defined).
The Effective Date of this Agreement shall be the latter of the date upon which the
County shall have approved the execution of this Agreement, by the Indian River
County Board of County Commissioners, at a formal meeting of such Board,
4. Representations of the County. To the best belief of the County, the County is
the owner of its interests in, and has good right, title and authority to convey and
transfer its interests in the Property to Cumberland.
5. From and after the Effective Date of this Agreement, the County 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 Cumberland.
6. Closing. The closing of the transaction contemplated herein (the "Closing' and
'Closing Date") shall take place within 30 days following the Effective Date of this
Agreement where upon the Purchase Price shall be promptly delivered by Cumberland
to the County. Cumberland and the County shall each deliver to the other such other
documents or instruments as may reasonably be required for the Closing of this
transaction, including any reasonably requested corrective documents.
7. Miscellaneous.
7.1 Controlling Law. This Agreement shall be construed and enforced in
accordance with the laws of the State of Florida Venue shall be in Indian River County
for all state court matters, and in the Southern District of Florida for all federal court
matters.
7.2 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 Cumberland 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.
7.3 Assignment and Binding Effect. Neither the County nor Cumberland 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.
7.4 Notices Any notice shall be deemed duly served if personally served or if
mailed by certified mail, return receipt requested, or if sent via "overnight' courier
service or facsimile transmission, as follows:
If to Cumberland:
Cumberland Farms, Inc.
100 Crossing Blvd
Framingham MA 01702
Attn General Counsel
ORLDOCS 13368037 2 2
Cumberland Farms, Inc.
100 Crossing Blvd.
Framingham MA 01702
Attn Real Estate Dept.
If to County:
Indian River County
1801 27th Street
Vero Beach, FL 32960
Attn: Public Works Director
Either Party may change the information above by giving written notice of such change
as provided in this paragraph.
7.5 Survival and Benefit. Except as otherwise expressly provided herein,
e ach agreement, representation or warranty made in this Agreement by or on behalf of
e ither 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
u pon, by any other person whatsoever.
7.6 Attorney's Fees and Costs. In any claim or controversy arising out of or
relating to this Agreement, each Party shall bear its own attorney's fees, costs and
expenses, except where Florida law provides for prevailing party attorney fees in which
case the latter shall control.
7.7 Approval Required. This Agreement is subject to approval by the Indian
River County Board of County Commissioners.
7.8 Severability. If any part of this Agreement is deemed to be unenforceable,
the balance of the Agreement shall remain in full force and effect; provided that the
e ssential purposes of this Agreement are capable of being fulfilled in the absence of
such invalid provisions.
ORLDOCS 13368037 2 3
IN WITNESS WHEREOF, the undersigned have executed this Agreement as of the
date first set forth below.
Approved as to form and
legal sufficiency:
illiam K. DeBraal
Deputy County Attorney
•
BOARD OF COUNTY COMMISSIONERS
INDIAN RIVER COUNTY, FLORIDA
`emossioyfgs.4
Act• --.
i -• i
•
ii
By•t6
Peter D O'Bryan, Chairm
BCC approval date:
•
•
•
•
April 8, 201 !~ RNE "
ATTEST: Jeffrey R. Smith,
Clerk of Court and omptroller
By
Deputy Clerk
Indian River County Administrator
ORLDOCS 13368037 2 4
•o°
IN WITNESS WHEREOF, the undersigned have executed this Agreement as of the
date first set forth below
WITNESSES:
iyt9tftc___
Witness signature
Printed name. (c.t; Lim) vw, C. dWr_
(nmDYiWCa Th /IU GCh
-STATE OF S K�TiS
COUNTY OF M'041t°Vx )
CUMBERLAND FARMS, INC.
By: `'C^' 11.4-
Printed name: ,,.70 -• , eT7tca^.r/0J
Title: £- d Hz, ctl elkei each 4
�The foregoing instrumen was acknowledged before me this 2 day of
Po L 2014, by atelo M Oe ho,'nas , as nf Cumberland
Farms, Inc. who is personally known to me or produced
as identification an did not take an oath
ORLDOCS 13368037 255
frd-/-3/4
Notary Public, State of Ma CS Ckh Kfrrs
fro,
Print Name of Notary Pulic
PAULA M. FOLEY
Notary Public
Commonwealth of Massachusetts
My Commission Expires
May 13, 2016
EXHIBIT "A"
Aerial Photograph of Eighty Foot wide Right of Way strip together with the 30 foot wide
existing access easement along the eastern boundary pursuant to the Easement
recorded May 18, 2012 in Official Records Book 2576, Page 557, and Official Records
Book 512, Page 600, Public Records of Indian River County, Florida.
ORLDOCS 13368037 2 6
EXHIBIT "B"
LEGAL.DESCRIPTION TO ACCOMPANY SKETCH
LYING IN SECTION 23, TOWNSHIP 33 SOUTH, RANGE 39 EAST,
LEGAL DESCRIPTION INDIAN RIVER COUNTY, FLORIDA
A STRIP OF LAND LYING IN TRACT13, SECTION 23, TOWNSHIP 33 SOUTH,.RANGE•39 EAST, PLAT OF INDIAN
RIVER FARMS COMPANY SUBDIVISION, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 2,
PAGE 25 OF THE PUBLIC RECORDS OF SAINT LUCIE COUNTY, SAID LANDS NOW LYING IN INDIAN RIVER
COUNTY, FLORIDA, BEING MORE SPECIFICALLY DESCRIBED AS FOLLOWS:
COMMENCE AT THE SOUTHWEST CORNER OF SECTION 23 TOWNSHIP 33 SOUTH, RANGE 39 EAST; THENCE
S OUTH 89°56'41" EAST, ALONG. THE SOUTH LINE OF SAID SECTION 23, A DISTANCE OF 336.56' FEET TO AN
INTERSECTION WITH THE SOUTHERLY PROLONGATION OF THE WEST LINE OF' BRADFORD PLACE',
ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 21, PAGE 28 OF THE PUBLIC RECORDSOF
INDIAN RIVER COUNTY THENCE NORTH 00019'53" EAST, ALONG SAID SOUTHERLY PROLONGATION, A
D ISTANCE OF 130.00 FEET TO AN INTERSECTION WITH THE SOUTHWEST CORNER OF SAID PLAT OF
'BRADFORD PLACE" AND A LINE THAT IS 130.00 FEET NORTH OF AND PARALLEL WITH, AS MEASURED AT
RIGHT ANGLES TO, THE SOUTH LINE OF SAID SECTION 23; THENCE NORTH 89°56'41' WEST, DEPARTING SAID
SOUTHERLY PROLONGATION AND ALONG SAID PARALLEL LINE, A DISTANCE OF 30.00 FEET TO THE POINT
O F BEGINNING; THENCE CONTINUE NORTH 89°56'41' WEST, A DISTANCE OF 12.69 FEET TO THE BEGINNING
O F A NON -TANGENT CURVE, CONCAVE TO THE NORTHWEST, HAVING A RADIUS OF 43.50 FEET AND WHOSE
RADIUS POINT BEARS NORTH 68°31'28" WEST, THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE
THROUGH A CENTRAL ANGLE OF 15°09'06' A DISTANCE OF 11.50 FEET; THENCE NORTH 00°19'53" EAST, A
D ISTANCE OF 42 29 FEET TO THE BEGINNING OF A NON -TANGENT CURVE CONCAVE TO THE SOUTHWEST,
HAVING A RADIUS OF 31 00 FEET AND WHOSE RADIUS POINT BEARS SOUTH 83°07'25" WEST, THENCE
N ORTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 34°00'32 A DISTANCE
OF 18 40 FEET TO AN INTERSECTION WITH A LINE 200 00' FEET NORTH OF AND PARALLEL WITH, AS
MEASURED AT RIGHT ANGLES TO, THE SOUTH LINE OF SAID SECTION 23; THENCE SOUTH 89°56'41" EAST,
ALONG SAID PARALLEL LINE, A DISTANCE OF 17.44 FEET; THENCE SOUTH 00°19 53" WEST DEPARTING SAID
PARALLEL LINE A DISTANCE OF 70.00 FEET TO AN INTERSECTION WITH A LINE 130.00 FEET NORTH OF AND
PARALLEL WITH THE SOUTH LINE OF SAID SECTION 23 AND THE POINT OF BEGINNING.
CONTAINING: 757 SQUARE FEET OR 0.01738 ACRES, MORE OR LESS.
LEGEND
23-33-39 = SECTION 23, TOWNSHIP 33 SOUTH,
RANGE 39 EAST
= SAINT LUCIE COUNTY PUBLIC RECORDS
A.K.A. = ALSO KNOWN AS
P.B. = PLAT BOOK
PG. = PAGE
S.L.C.P.R
SURVEYOR'S NOTES
1. THE BEARINGS SHOWN HEREON ARE GRID BEARINGS,
FLORIDA EAST ZONE, TRANSVERSE MERCATOR
PROJECTION, 1983 / 90 ADJUSTMENT AND ARE BASED
U PON A BEARING OF NORTH 00°19'53" EAST ALONG
THE WEST LINE OF SAID PLAT OF "BRADFORD PLACE".
2. ALL RECORD DOCUMENTS ARE OF REFERENCE TO
THE PUBLIC RECORDS OF INDIAN RIVER COUNTY
U NLESS OTHERWISE NOTED.
3. NO INSTRUMENTS OF RECORD REFLECTING
EASEMENTS, RIGHTS-OF•WAYAND/OR OWNERSHIP
WERE FURNISHED TO THE SURVEYOR EXCEPT AS
S HOWN HEREON. NO OPINION OF TITLE IS
EXPRESSED OR IMPLIED.
NOTE: SEE SHEET 2 FOR SKETCH OF DESCRIPTION.
DESCRIPTION NOT VALID UNLESS ACCOMPANIED WITH SKETCH
OF DESCRIPTION AS SHOWN ON SHEET 2 OF 2 OF THIS
DOCUMENT.
THIS IS NOT A SURVEY
ENGINEERS, INC
OI VI LLTI ON i N OIN
7881 S.W. ELLIPSE WAY, STUART, FLORIDA 34997 (772) 283=141
OFFICES ALSO IN MELBOURNE, PORT ST. LUCIE AND TALLAHASSEE F .
BOARD a PROFES9aNAL ENGINEERS, MITIGATE Of MJTNORIZATWI HUMP 5139
PROPESSONAL SURTEYCRS MO WARMS. AMENDED CERTIFICATE N0. LB -0006703
ORLDOCS 13368037 2
SURVEYOR'S CERTIFICATION:
1 HEREBY CERTIFY, TO THE BEST OF MY KNOWLEDGE AND BELIEF, THAT
THE SKETCH AND DESCRIPTION SHOWN HEREON WAS PREPARED IN
ACCORDANCE WITH THE°MINIMUM TECHNICAL STANDARDS" FOR
SURVEYING AND MAPPING IN THE STATE OF FLORIDA AS SET FORTH BY
THE FLORIDA BOARD OF PROFESSIONAL SURVEYORS AND MAPPERS IN
CHAPTER 5J•17, FLORIDA ADMINISTRATIVE CODE, PURSUANT TO SECTION
472.027, FLORIDA STATUTES.
STEVEN N. BRIC
PROFESSION •./ URVEYOR AND MAPPER
FLORIDA LI SE No. LS - 6841
MARCH 19, 2014
DATE OF SIGNATURE
CREECH ENGINEERS, INC.
CORPORATION CERTIFICATE OF AUTHORIZATION No. LB 6705
N OT VALID WITHOUT THE SIGNATURE AND ORIGINAL RAISED
S EAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER.
CUMBERLAND FARMS
OSLO ROAD AND 27TH AVENUE SW
INGRESS/EGRESS EASEMENT
INDIAN RIVER COUNTY FLORIDA
a+aiCT 1401 12120.02 I REVISED DATE 3-19-14 DATE; DEC. 19. 2013
GADO RLE;_12120-02 SKT-DESC ESMT - RW ISCAL Na SHEET 1 Of 2
7
•
SKETCH OF DESCRIPTION
LYING IN SECTION 23, TOWNSHIP 33 SOUTH, RANGE 39 EAST,
INDIAN RIVER COUNTY, FLORIDA
LOT 1
RUTZ 27th AVENUE SW RETAIL CENTER
PB 26, PG. 98-99
(IN FEET)
1 inch = 20 ft 8
THIS MAP IS INTENDED TO
BE DISPLAYED;AT A SCALE N
OF 1' = 20' OR SMALLER
WI
N >N
22 23
27 I \26
S89°56'41 "E
17.44'
C-2
g.83°0T25_ w
g N -RADIAL
LL �W
LL u 0
0 0 0> ..= oa ii
Z
0 1 , c1 a
•
PWS4760
re 0 J
Oc,,Z<mui
aI-ogg
O
OSLO ROAD (COUNTY ROAD 606)
h
N
1
0
I'
F
0
N89°56'41 "W
12.69'
z
2
Woo
aIP-
,6
r
:310 0
00o
z
b
C-1
R=43.50'
A=15°09 06"
L=11 50'
C-2
R=31.00'
A=34°00'32"
L=18.40'
SW CORNER OF
BRADFORD PLACE"
P B 21, PG.28
SOUTH LINE OF
BRADFORD PLACE'
P B 21, PG 28
N89°56''41 "W
3000'
POINT OF
BEGINNING
b
0
0
r1
EXISTING RIGHT-OF-WAY LL
PER RIGHT OF WAY MAP
P B 22, PG 24 I4n
A.K.A.cc
I
9TH STREET SW
(SOUTH LINE OF SECTION 23-33-39
S 89°56'41" E 336 56'
POINT OF COMMENCEMENT
SW CORNER OF SECTION 23-33.39
b
0
"5
In
NOTE: SEE SHEET 1 OF 2 FOR DESCRIPTION, SURVEYOR'S NOTES AND CERTIFICATION.
EFEE1-1
ENGINEERS, IIVC
OI VILI =Alb TIOAI= 4ON1-R
1= =Ca
7881 SII. EWPSE WAY, STUART,. FLORIDA 34497 (77) 283-1413
OFFICES ALSO N MELBOURNE, PORT ST. WCIE AND TN.L.AHASS E FL
Iwo O FF10N®OII7L mime. airman W AVncruncN OAW 81—
PROFU 1M. litari01 AID -&PPM A010MINUTE .M° 12-017011
ORLDOCS 13368037 2
EXISTING
RIGHT-OF-WAY PER
RIGHT OF WAY MAP
P B 221 PG. 24
•
THIS IS NOT SURVEY
CUMBEILAND FARMS
OSLO ROAD AND 27TH .AVE94UE SW
INCA/EGRESS EASIBAIENT
VIDIAN RV RNIEROanw FLORDA
8
ROW= 12120.02 1 REUSED DAZE` 3-10m14 DAT!•19, 201
CARD PAL 12124-42 SKT-DESC EMT- RW Sctoe r -w sat a 2
EXHIBIT "C"
ORLDOCS 13368037 2 9
RETURN TO:
Bruce Barkett
Collins, Brown, Caldwell
756 Beachland Boulevard
Vero Beach, FL 32963
EXHIBIT "C"
EASEMENT
This Grant of Easement made and executed this day of , 2014, by INDIAN
RIVER COUNTY, a political subdivision of the State of Florida, the address of which is
1801 27`h Street, Vero Beach, Florida 32960, hereinafter called ` GRANTOR,"" to
CUMBERLAND FARMS, INC., a Delaware corporation, the address of which is 100
Crossing Blvd., Framingham, Massachusetts 01702, hereinafter called "GRANTEE."
"Whenever used herein, the terms GRANTOR and GRANTEE include the heirs, legal representatives,
successors, and assigns of GRANTOR and GRANTEE, respectively."
WITNESSETH:
GRANTOR, for and in consideration of the sum of ONE DOLLAR ($1 00) and other
consideration, receipt of which his hereby acknowledged, does hereby grant, bargain, sell, alien,
remise, release, convey and confirm unto GRANTEE a perpetual right-of-way of access, use,
ingress and egress by, on, over and across the following described land, situate in Indian River
County, Florida, to -wit:
SEE EXHIBIT A ATTACHED HERETO AND MADE A PART HEREOF
(the `Additional Easement Land")
And GRANTOR hereby covenants with said GRANTEE that it is lawfully seized of the
Additional Easement Land in fee simple, and that it has good right and lawful authority to
convey the easement established hereby.
The Additional Easement Land is contiguous and adjacent to the easement land contained and
described within that certain Easement (the "Initial Easement") recorded May 18, 2012 in
Official Records Book 2576, Page 557 and Official Records Book 512, Page 600, Public
Records of Indian River County, Florida (the "Initial Easement Land").
ORLDOCS 13366593 1
The GRANTEE shall be entitled to utilize the Additional Easement Land in conjunction with the
Initial Easement Land to install and maintain improvements for ingress/egress by all forms of
pedestrian and vehicular traffic, together with related uses between the southern boundary of Lot
1 of the Rutz 27"' Avenue SW Retail Center Plat, according to the plat thereof as recorded in Plat
Book 2699, Page 98 and 99, Public Records of Indian River County, Florida, and the paved
portions of the Oslo Road right-of-way This Grant of Easement is for the benefit of the
GRANTEE together with the party or parties benefitted by or under the Initial Easement and the
Initial Easement Land.
This Grant of Easement shall be a covenant running with the land. No barricades or other
preventive measures that would in any way limit the use of the easement granted herein shall be
allowed.
IN WITNESS WHEREOF, the GRANTOR has herein set its hand and seal the day and year first
above written.
ATTEST:
JEFFREY R. SMITH, CLERK OF COURT
AND COMPTROLLER
INDIAN RIVER COUNTY, FLORIDA
BOARD OF COUNTY COMMISSIONERS
Deputy Clerk Peter D. O'Bryan, Chairman
Approved as to form and legal sufficiency:
BCC approval date:
William K. DeBraal
Deputy County Attorney
ORLDOCS 13366593 1
EXHIBIT A - ADDITIONAL EASEMENT LAND
(Page 1 of 2)
LEGAL.DESCRIPTION TO ACCOMPANY SKETCH
LYING IN SECTION 23, TOWNSHIP 33 SOUTH RANGE 39 EAST,
INDIAN RIVER COUNTY, FLORIDA
LEGAL DESCRIPTION
A STRIP OF LAND LYING IN TRACT 13, SECTION 23, TOWNSHIP 33 SOUTH, RANGE 39 EAST, PLAT OF INDIAN
RIVER FARMS COMPANY SUBDIVISION, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 2,
PAGE 25 OF THE PUBLIC RECORDS OF SAINT LUCIE COUNTY, SAID LANDS NOW LYING IN INDIAN RIVER
COUNTY, FLORIDA, BEING MORE SPECIFICALLY DESCRIBED AS FOLLOWS:
COMMENCE AT THE SOUTHWEST CORNER OF SECTION 23, TOWNSHIP 33 SOUTH, RANGE 39 EAST; THENCE
SOUTH 89°56'41" EAST, ALONG THE SOUTH LINE OF SAID SECTION 23, A DISTANCE OF 336.56' FEET TO AN
INTERSECTION WITH THE SOUTHERLY PROLONGATION OF THE WEST LINE OF "BRADFORD PLACE",
ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 21, PAGE 28 OF THE PUBLIC RECORDSOF
INDIAN RIVER COUNTY; THENCE NORTH 00°19'53" EAST, ALONG SAID SOUTHERLY PROLONGATION, A
DISTANCE OF 130.00' FEET TO AN INTERSECTION WITH THE SOUTHWEST CORNER OF SAID PLAT OF
"BRADFORD PLACE" AND A LINE THAT IS 130.00 FEET NORTH OF AND PARALLEL WITH, AS MEASURED AT
RIGHT ANGLES TO, THE SOUTH UNE OF SAID SECTION 23; THENCE NORTH 89°66'41" WEST, DEPARTING SAID
SOUTHERLY PROLONGATION AND ALONG SAID PARALLEL LINE, A DISTANCE OF 30.00 FEET TO THE POINT
OF BEGINNING; THENCE CONTINUE NORTH 89°56'41" WEST, A DISTANCE OF 12.69 FEET TO THE BEGINNING
OF A NON -TANGENT CURVE, CONCAVE TO THE NORTHWEST, HAVING A RADIUS OF 43.50 FEET AND WHOSE
RADIUS POINT BEARS NORTH 68°31'28" WEST, THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE
THROUGH A CENTRAL ANGLE OF 15°09'06" A DISTANCE OF 11.50 FEET; THENCE NORTH 00°19'53" EAST A
DISTANCE OF 42.29 FEET TO THE BEGINNING OF A NON -TANGENT CURVE, CONCAVE TO THE SOUTHWEST,
HAVING A RADIUS OF 31.00 FEET AND WHOSE RADIUS POINT BEARS SOUTH 83°07'25" WEST, THENCE
NORTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 34°00'32" A DISTANCE
OF 18.40 FEET TO AN INTERSECTION WITH A LINE 200.00' FEET NORTH OF AND PARALLEL WITH, AS
MEASURED AT RIGHT ANGLES TO, THE SOUTH LINE OF SAID SECTION 23; THENCE SOUTH 89°56'41" EAST,
ALONG SAID PARALLEL LINE, A DISTANCE OF 17.44 FEET; THENCE SOUTH 00°19'53" WEST DEPARTING SAID
PARALLEL LINE, A DISTANCE OF 70.00 FEET TO AN INTERSECTION WITH A LINE 130.00 FEET NORTH OF AND
PARALLEL WITH THE SOUTH LINE OF SAID SECTION 23 AND THE POINT OF BEGINNING.
CONTAINING: 757 SQUARE FEET OR 0.01738 ACRES, MORE OR LESS.
LEGEND
23-33-39 = SECTION 23, TOWNSHIP 33 SOUTH,
RANGE 39 EAST
S.L.C.P.R. = SAINT LUCIE COUNTY PUBLIC RECORDS
A.K.A. = ALSO KNOWN AS
P.B - PLAT BOOK
PG. = PAGE
SURVEYOR'S NOTES
1. THE BEARINGS SHOWN HEREON ARE GRID BEARINGS,
FLORIDA EAST ZONE, TRANSVERSE MERCATOR
PROJECTION, 1983 / 90 ADJUSTMENT AND ARE BASED
UPON A BEARING OF NORTH 00.19'53" EAST ALONG
THE WEST LINE OF SAID PLAT OF 'BRADFORD PLACE'
2. ALL RECORD DOCUMENTS ARE OF REFERENCE TO
THE PUBLIC RECORDS OF INDIAN RIVER COUNTY
UNLESS OTHERWISE NOTED.
3. NO INSTRUMENTS OF RECORD REFLECTING
EASEMENTS, RIGHTS-OF-WAY AND/OR OWNERSHIP
WERE FURNISHED TO THE SURVEYOR EXCEPT AS
SHOWN HEREON. NO OPINION OF TITLE IS
EXPRESSED OR IMPLIED.
NOTE: SEE SHEET 2 FOR SKETCH OF DESCRIPTION.
DESCRIPTION NOT VALID UNLESS ACCOMPANIED WITH SKETCH
OF DESCRIPTION AS SHOWN 014 SHEET2 OF 2 OF THIS
DOCUMENT. THIS IS NOT A SURVEY
CREFEH
ENGINEERS, INC
01 s/1 LI ZA TION NEN OINK91�O
7881 S.YL ELLIPSE WAY. STUARI, FLORIDA 34997 (772) i
203-1413
OFFICES ALSO 14 MELBOURNE. PORT ST. LUPE AHD TALLAHASSEE FL
S°AW P AVLS9O1AL 131WQi p JWCAR O W°IONiATOI Mal" 4131
Plat$SOIAI W,Nrols 00 RI/11A3. A34/010 «IINICAR M0. 11-W0/100
ORLDOCS 13366593 1
SURVEYOR'S CERTIFICATION:
I HEREBY CERTIFY, TO THE BEST OF MY KNOWLEDGE AND BELIEF, THAT
THE SKETCH AND DESCRIPTION SHOWN HEREON WAS PREPARED IN
ACCORDANCE 1MTH THE 'MINIMUM TECHNICAL STANDARDS" FOR
SURVEYING AND MAPPING IN THE STATE OF FLORIDA AS SET FORTH BY
THE FLORIDA BOARD OF PROFESSIONAL SURVEYORS AND MAPPERS IN
CHAPTER 6.1.17. FLORIDA ADMINISTRATIVE CODE, PURSUANT TO SECTION
472.027, FLORIDA STATUT
STEVEN N. BRIC
PROFESSION ' RVEYOR AND MAPPER
FLORIDA LI SE No. LS • 6641
MARCH 19, 2014
DATE OF SIGNATURE
CREECH ENGINEERS, INC.
CORPORATION CERTIFICATE OF AUTHORIZATION No. LB 6705
NOT VALID WITHOUT THE SIGNATURE AND ORIGINAL RAISED
SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER.
CUMBERLAND FARMS
OSLO ROAD AND 271H AVENUE SW
INGRESS/EGRESS EASEMENT
INDIAN RNCA
ER U �ynsEn OATH 3-19-14 DATC�
DEC. 19, IDA
PROZOT WI 1
CMD nit 12120-02. SKT-DESC ESMT - RW twit x N/A
am 1 ar 2
EXHIBIT A - ADDITIONAL EASEMENT LAND
(Page 2 of 2)
SKETCH OF DESCRIPTION
LYING IN SECTION 23, TOWNSHIP 33 SOUTH RANGE 39 EAST,
INDIAN RIVER COUNTY, FLORIDA
LOT 1
RUTZ 27th AVENUE SW RETAIL CENTER
PB 28, PG. 98-99
S89°56'41 "E
_17.44'_
0 20
( IN FEET)
1
inch = 20 ft.
C-2
S 8 _
Q, RAADIALw
iS ON
O
THIS MAP IS INTENDED TO S
BE DISPLAYED AT A SCALE CV
OF 1' = 20' OR SMALLER
W
N11.1
22 23
ItcloA(
I
OSLO ROAD (COUNTY ROAD 606)
A.K.A. 9TH STREET SW
.1— I -SOUTH LINE OF SECTION 2333.39
S 89°56'41" E 336.56'
POINT OF COMMENCEMENT
SW CORNER OF SECTION 23-33-39
NOTE: SEE SHEET 1 OF 2 FOR DESCRIPTION, SURVEYOR'S NOTES AND CERTIFICATION.
z/
N89°56'41 "W
12.69'
EXISTING RIGHT-OF-WAY
PER RIGHT OF WAY MAP
P.B. 22, PG. 24 �� J
27
26
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E W
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W
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00
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C-1
R=43.50'
A=15°09'06"
L=11.50'
C-2
R=31.00'
A=34°00'32"
L=18.40'
1 SW CORNER OF
'BRADFORD PLACE'
i-P.B. 21, PG. 28
N89°56'41"W
30.00'
POINT OF
BEGINNING
EFEEH
ENGINEERS, INC
cal ••••••• LIia TIGN iN 01IVSPR It Ca
MI S.W. ELLIPSE WAY, STUART, ROA J.4227 (772) 203-1413
OFFI ES ALSO IN ME79OVRME, PORT ST. WOE AND TALLAHASSEE FT..
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ORLDOCS 13366593 1
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w
SOUTH LINE OF
/
ro"BRADFORD PLACE'
P.B. 21, PG. 28
EXISTING
RIGHT-OF-WAY PER
RIGHT OF WAY MAP
P.B. 22, PG. 24
THIS IS NOT A SURVEY
CUMBERLAND FARMS
OSLO ROAD AND 27TH AVENUE SW
INGRESS/EGRESS EASEMENT
INDIAN RIVER COUNTY FLORIDA
MELT N0. 12120.02
REVISED DATE 3-1D-14
DATE:DEC. It 201
CMD FM 12120-02 SXT—OESC ESMT - RYA sate 1'-20' SHEET 2 6