HomeMy WebLinkAbout2013-011 a � 41Y d «
AGREEMENT TO PURCHASE AND SELL REAL ESTATE
THIS AGREEMENT is entered into as of the .1. day of January ; 20,1.$. by and
between Indian River County , a political subdivision of the State of Florida, whose
address is 1801 27th Street , Vero Beach , FL 32960 (" County") , and the Estate of Daniel
J . Kelly , c/o [enter Personal Representative 's name and address) (" Kelly Estate" ) ,
WHEREAS , the Kelly Estate owns a 0 . 71 acre parcel of property located at the
corner of Regatta and Springline Drive and the property address is 2025 Regatta Drive;
Vero Beach , Indian River County , Florida ; and
WHEREAS , the property is an unimproved , single family residential lot located in
the Moorings Subdivision, Unit 2 , as depicted on the aerial photo attached as Exhibit
"A'; and
WHEREAS , the streets of the Moorings Subdivision , Unit 2 , were surveyed and
constructed by the developer, dedicated by the plat to the " public forever" and accepted
by the Board as public streets when the plat was approved by the. Board of County
Commissioners on July 23, 1970 ; and
WHEREAS, as a result of a recent survey , the lot belonging to the Kelly Estate,
Lot 38 , was found to have an encroachment, where the Developer constructed a portion
of the Springline Drive curb and roadway onto the Kelly Estate' s lot creating an
encroachment of 512 square feet or 0 . 0.12 acres "as depicted on the sketch and legal
description attached as Exhibit " B " ; and
WHEREAS , it is impractical for the County to remove the curb and road
improvements from the Kelly Estate ' s property; and
WHEREAS , for the consideration and upon the terms set forth herein , the Kelly
Estate is willing to convey the encroached parcel of property to the County to be used
as road right-of-way for Springline Drive , and
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 .
Recitals . The above recitals are true and correct and are incorporated herein .
1 . Agreement to Purchase and Sell . The Kelly Estate hereby agrees to sell to the
County , and the County hereby agrees to purchase from the Kelly Estate, upon the
terms and conditions set forth in this Agreement, that certain parcel of real property
containing 0 . 012 acres located along Springline Drive in Indian River County and more
specifically described in Exhibit " B " (the Property) attached and incorporated by
reference herein . The Property and it improvements shall be used as right-of-way .
1
2 . Purchase Price ; Effective Date . The purchase price (the " Purchase Price") for
the Property shall be ONE THOUSAND dollars ($ 1 , 000. 001 . The Purchase Price shall
be paid on the Closing Date . The Purchase Price is inclusive of all damages , attorney' s
fees , expert witness fees and costs incurred by the Kelly Estate as a result of the
encroachment on the Property depicted in Exhibit " B" . The Effective Date of this
Agreement shall be 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 .
3 . Title to the Property . The Kelly Estate shall convey title to the Property by Quit
Claim deed free of claims , liens , easements and encumbrances of record or known to
the Kelly Estate ; but subject to property taxes for the year of Closing and subject to
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 .
4 . 0 County may , at its own expense , order an Ownership and Encumbrance Report
with respect to the Property. County shall , within three ( 3) days from receipt of the
Ownership and Encumbrance Report , deliver written notice to the Kelly Estate of title
defects. Title shall be deemed acceptable to County if County fails to deliver notice of
defects within the time specified .
5 . Representations of the Kelly Estate .
5 . 1 The Kelly Estate 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 .
5 . 2 From and after the Effective Date of this Agreement , the Kelly Estate 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 .
5 . 3 There are no existing or pending special assessments affecting the
Property, which are or may be assessed by any governmental authority, water or
sewer authority , school district , drainage district or any other special taxing
district .
6 . Default .
6 . 1 In the event the Kelly Estate shall fail to perform any of its obligations
hereunder, the County shall be entitled to terminate this Agreement by written
notice delivered to the Kelly Estate at or prior to the Closing Date , or waive the
Kelly Estate 's default and proceed to Closing .
2
6 . 2 In the event of a default by the County , the Kelly Estate shall be entitled ,
as its sole remedy hereunder, to terminate this Agreement .
7 . Closing .
7 . 1 The closing of the transaction contemplated herein (" Closing " and "Closing
Date") shall take place within 15 days following the Effective Date of this
Agreement. The parties agree that the Closing shall be as follows :
(a) The Kelly Estate shall execute and deliver to the County a quit
claim deed conveying marketable title to the Property .
( b ) The Kelly Estate shall have removed all of its personal property and
equipment from the Property and The Kelly Estate shall deliver
possession of the Property to County vacant and in the same or better
condition that existed at the Effective Date hereof.
(c) The Kelly Estate and the County shall each deliver to the other
such other documents or instruments as may reasonably be required to
Close this transaction , including any corrective documents .
7 . 2 . Closing Costs ; Expenses . County shall be responsible for preparation of
the quit claim deed . The Kelly Estate shall be responsible for preparing any i
other Closing documents . County and the Kelly Estate shall pay in equal shares ,
the following expenses at Closing ,
(a ) The cost of recording the warranty deed and any release or
satisfaction obtained by Seller pursuant to this Agreement .
( b) Documentary Stamps required to be affixed to the warranty deed .
8 . Prorations . 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 Kelly Estate . If the Closing Date occurs during the time interval
commencing on November 2 and ending on December 31 , The Kelly Estate shall pay
all current real estate taxes and special assessments levied against the Property ,
prorated based on the "due date " of such taxes established by the taxing authority
having jurisdiction over the Property . If the Closing Date occurs between January 1 and
November 1 , the Kelly Estate shall , in accordance with Florida Statutes Section
196 .295 , deposit into escrow with the Tax Collector, an amount equal to the current real
estate taxes and assessments , prorated to the Closing Date .
9 . Miscellaneous .
9 . 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 .
3
9 . 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. Kelly Estate 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.
93 Assignment and Binding Effect, Neither County nor the Kelly Estate may
assign its rights and obligations under this Agreement without the prior written
consent of the other party. The terms hereof shall bebinding upon and shall
inure to the benefit of the parties hereto and their successors and assigns .
9A 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 ransmission , as follows :
If to the Kelly Estate : 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 .
9 . 5 Survival 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.
9 . 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 .
9 . 7 . Counterparts . This Agreement may be executed in two or more
counterparts , each one of which shall constitute an original .
9 . 8 . County Approval Required: This Agreement is subject to approval by the
Indian River County Board of County Commissioners as set forth in paragraph 2 .
4
IN WITNESS WHEREOF , the undersigned have executed this Agreement as of
the date first set forth below.
THE ESTATE OF DANIEL J . KELLY BOARD OF COUNTY COMMISSIONERS
INDIAN RIVER COUNTY, FLORIDA
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BY :
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Joseph E . Flescher, Chair rr�
Personal Representative *�
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Date Signed : Date Signed : 01 -15- 13
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ATTEST : Jeffrey R . Smith , Clerk "tlr4 tltl tltltl Ppb
By :
De er
Approved as to form and Indian River County Administrator
legal sufficiency .
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By@ Onz
Alan S , (PolackWich , Sr.
County Att6mey
Approved as to form and
legal sufficiency
Christopher Campione
Attorney for the Kelly Estate
5
IN WITNESS WHEREOF , the undersigned have executed this Agreement as of
the date first set forth below.
THE ESTATE OF DANIEL J . KELLY BOARD OF COUNTY COMMISSIONERS
INDIAN RIVER COUNTY, FLORIDA
By:
Joseph E . Flescher, Chairman
Personal Representative
Date Signed : �S Date Signed :
ATTEST: Jeffrey R. Smith , Clerk
By:
Deputy Clerk
Approved as to form and Indian River County Administrator
legal sufficiency:
B
- - . Po ac wic , Sr.
County Attftey
Approved as to form and
legal sufficiency
Christo h r Campio
Attorneu the Kell E to
5
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IN WITNESS WHEREOF , the undersigned have executed this Agreement as of
the date first set forth below.
THE ESTATE OF DANIEL J . KELLY BOARD OF COUNTY COMMISSIONERS
INDIAN RIVER COUNTY , FLORIDA
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By677: ;4 . F
oseph E . Flescher, Chairmp
Personal. Representative
Date Signed *g Date Signed : 01 -15- 13
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ATTEST : Jeffrey R . Smith , Clerk •Yruauo " 1` 40
By :
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Approved as to form and Indian River County Administrator
legal sufficiency .
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Alan S . Polac wich , Sr.
County rney
Approved as to form and
legal sufficiency
Christopher Campione
Attorney for the Kelly Estate
5
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EXHIRIJ
LEGAL DESCRIPTION :
A PORTION OF LOT 38, THE MOORINGS, UNIT 4, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN
PLAT BOOK 8, PAGE 72 ; SAID LANDS ALSO
BEING RECORDED IN OFFICIAL RECORDS BOOK 670, PAGE 1869, OF THE PUBLIC RECORDS OF INDIAN RIVER
COUNTY, FLORIDA; BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
BEGIN AT THE NORTHWEST CORNER OF SAID LOT 38, THENCE RUN N76039'01 "E, ALONG THE NORTHERLY PROPERTY
LINE OF SAID LOT 38, A
DISTANCE OF 8. 66 FEET, THENCE RUN THE FOLLOWING THREE COURSES APPROXIMATELY 1 . 0 FEET EAST OF THE
BACK OF A 2 FOOT DROP CURB,
SAID LINE ALSO BEING THE PROPOSED EASTERLY RIGHT OF WAY LINE OF SPRING LAKE DRIVE (RIGHT OF
WAY VARIES PER SAID PLAT); THENCE
S07016107"W A DISTANCE OF 110. 15 FEET; THENCE S09'49104" W A DISTANCE OF 20. 76 FEET, THENCE S12'25917" W, A
DISTANCE OF 12. 62 FEET TO A r
POINT ON THE EASTERLY RIGHT OF WAY LINE OF SAID SPRING LAKE DRIVE, SAID POINT ALSO LYING
ON THE WESTERLY PROPERTY LINE OF SAID LOT
38 AND LYING ON A CURVE CONCAVE EASTERLY HAVING A RADIUS OF 25. 00 FEET AND A CHORD BEARING
OF N01 '26118" W; THENCE DEPARTING m
SAID PROPOSED RIGHT OF WAY LINE RUN ALONG THE ARC OF SAID CURVE THRU A CENTRAL ANGLE
OF 24'28133 ", A DISTANCE OF 10. 68 FEET TO A
POINT OF REVERSE CURVATURE OF A CURVE HAVING A RADIUS OF 680. 00 FEET AND A CHORD BEARING
OF N05018'42"E; THENCE RUN ALONG THE
ARC OF SAID CURVE THRU A CENTRAL ANGLE OF 10658'13"9 A DISTANCE OF 130. 20 FEET TO THE
POINT OF BEGINNING.
CONTAINING: 512 SQUARE FEET, MORE OR LESS.
LEGEND & ABBREVIATIONS : SURVEYOR ' S NOTES :
- E BE BE = DESIGNATED BURIED ELECTRIC ' CABLE (SEE NOTE 2) 1 . THE BEARINGS SHOWN HEREON ARE
BASED ON THE NORTH LINE OF LOT e
= CENTERLINE 38, AS SHOWN ON THE PLAT FOR "THE MOORINGS — UNIT FOUR" ,
PER PLAT
p = DELTA OR CENTRAL ANGLE BOOK 8, PAGE 72, OF THE PUBLIC RECORDS OF INDIAN
RIVER COUNTY, Z
2 .0' — -- = INDICATES THE DISTANCE FROM THE BACK OF FLORIDA. SAID LINE HAVING A BEARING
OF N76 '39' 01 "E.
CURB TO THE EXISTING RIGHT OF WAY LINE 2. ONLY ABOVE GROUND APPURTENANCES AND VISIBLE
UTILITIES HAVE BEEN
(C) = CALCULATED COURSE AND/OR DISTANCE LOCATED. THE BURIED ELECTRIC CABLE SHOWN HEREON WAS
DESIGNATED
CB = CHORD BEARING ( MARKED WITH RED PAINT) BY CITY OF VERO BEACH PERSONNEL
AND LOCATED m
COR = CORNER BY INDIAN RIVER COUNTY PERSONNEL ON THE DATE OF 11 - 30- 12. "
INC . = INCORPORATED
L = LENGTH 3. THIS SKETCH OF DESCRIPTION MEETS AND/OR EXCEEDS THE ACCURACY
O. R. B . = OFFICIAL RECORDS BOOK REQUIREMENTS PER CHAPTER 5J- 17, FLORIDA ADMINISTRATIVE CODE.
(P) = COURSE AND/OR DISTANCE PER PLAT
P. B. = PLAT BOOK 4. ALL DISTANCES SHOWN HEREON ARE EXPRESSED IN U . S. SURVEY
FEET.
P . I . D . = PARCEL IDENTIFICATION PER PROIPER Y IARFRAISER'S MAP
P . O. B. = POINT OF BEGINNING tt � � F 'r� 5. THIS MAP IS INTENDED TO BE DISPLAYED AT
A SCALE OF 1 = 50 ' OR
tt' F SMALLER .
P. R .C . = POINT OF REVERSE CUR Vi 11�RtO ' < < f i , Epi ,,r w
PROP = PROPERTY
R/W = RIGHT OF WAY a
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CERTIFICATION `
SURVEYOR ND MAPPER N RESPSIBLE CHARGE - w
L 0 _
DAVID M . SILON P. S . M . THIS IS NOT A BOUNDARY SURVEY
DATF� e.
FLORIDA REGISTRATION No . 6139 f EI , `,kpN NOT COMPLETE WITHOUT SHEET 2 OF 2
INDIAN RIVER ASSISTANT COUNTY SURVEYOR
NDIAN RIVER COUNTY ADMINISTRATION BUILDING w INDIANRIVBRCOUNTY DRAWN BY: SECTION 2N THE MOORINGS as UNIT FOUR LOT '
38 SHEET
1801 27th STREET DoSIL ON J
VERO BEACH , FL 32960 DepartrnentofPublic Works APPROVED BY: TOWNSHIP 335. SKETCH OF DESCRIPTION FOR
(772) 567-8000 Bngkeeriag DiP SIOD DoSIL ON RANGE 40E. ADDITIONAL RIGHT OF WAY OF
R/W zl THE MOORINGS - "I 0 25 50 100 w
w 80 � IUNIT FIVE THE ANCHOR 1
1� P . B. 99 PG 98 11
1 1 i PARCEL "B "
THE ANCHOR PROPERTYI GRAPHIC SCALE
w
p I OWNERS' ASSOCIATION INC.
� Loa � P. I . D. No. - W FEET
1 /
33 40- 21 - 00008- 0000- 00000. 2
1 w Ow ; ( O. R. B. 635, PG 1827 — 'r
— — — — N76039'Ol "E i BACK OF 2' , 181 . 43 �P�/ — CURVE No 3 (P)
8. 66 ' DROP CURB — / fig' (C� rWLyPROP f A = 19.28' 50" n
I9p01" E 113. LINE C R= 250. 00'
P . 00 i
N� 6 3 L= 85. 00'
NW COR OT 38 \ CB = S29021 '08"E
7. 1 '
' w PROPOSED E'LY THE MOORINGS
R/W LINE - UNIT FOUR
cc
a 1 ; E OF 2' DROP CURB) c
P . B . 8 , PG 72 0
CURVE No 2 ( P) COMPASS
= 10'58'13" LTJ m t° >\
n
R = 680. 00' _Z a 1 0 LOT 38 \ COVE i
L= 130. 20' --� w I 2. 0' N DANIEL KELLY / z
CB= NO5'18'42"E OL >j W P. I . D . No. z
Z Lu � 3 z 33- 40- 21 - 00005- 0000- 00038. 0
rY a
CL O. R . B. 670, PG 1869
> I jzx
� a
i, w
� i S09649204"W � L� 1 o
1 . 6 ' 20. 76' oma/ 1
CURVE No 1 ( C) "W
`� I
A = 24'28' 33" P. R . C. S12'25' 17 o��; '
R = 25. 00' 12 62CURVE No 4 (C) `� 1
\ L= 10. 68' / ' A = 5445'00" gory/ LOT 37 1
\ CB= NO1026'18"W I CORN E ON I R = 25. 00' I
EDGE OF L= 23. 89' DAFFODIL INVESTMENTS INC. ry
8 CB= N41 '02'52" W / P . I . D. No. N
\ / PAVEMENT ELECTRIC H 825 , 33- 40- 21 - 00008- 0000- 00037. 0 I w
VAULT d% 4%b 44k, O. R. B . 1790, PG 1390 3
/ BACK OF 2' �e0 0 1 a
\ � NE WLY R W \ DROP CURBO
(p� I o
+, � � Y R/W t1Np
p o
I r / (60 ' RAW Rde
q \�R F � � 1 W
pe / \
doe PC
THIS IS NOT A BOUNDARY SURVEY NOT COMPLETE WITHOUT SHEET 1 OF 2
NDIAN RNER COUNTY ADMINISTRATION BUILDING ' INDIANRIi2R COUNTY DRAWN BY: SECTION 2S THE MOORINGS - UNIT FOUR LOT 38 SHEET
1801 27tH STREET DeparimentofPublic Works D.SIL ON TOWNSHIP 335. SKETCH OF DESCRIPTION FOR 1
VERO BEACH , FL 32960 APPROVED BY:
(772) 567-8000 EQgineering Division D.SILON RANGE 40E. ADDITIONAL RIGHT OF WAY of 2