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HomeMy WebLinkAbout2011-032 ia .t AGREEMENT TO PURCHASE AND SELL REAL ESTATE � J D�a THIS AGREEMENT TO PURCHASE AND SELL REAL ESTATE ("Agreement" ) is made and entered into as of the 8th day of February , 2011 by and between Indian River County , a political subdivision of the State of Florida 1801 27th Street , Vero Beach , FL 32960 ( " County" ) , and Gamma Delta Corp . 8081 NW 74th Street , Medley , FL 33166 ( " Seller" ) , who agrees as follows : 1 . Agreement to Purchase and Sell and Grant . 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 , five ( 5 ) parcels of real property located along 66th Avenue between 41St and 45th Streets , Indian River County and more specifically described in Exhibit "A" , " B " , " C " , " D " & " E " attached and incorporated by reference herein . Parcel 118 ( Exhibit "A" ) contains 3 . 841 acres , and shall be used as right-of-way for the County ' s 66th Avenue Improvement Project . Parcel 119 ( Exhibit " B " ) contains 4 . 622 acres , and shall be used as right- of-way for the County' s 66th Avenue and 41St Street Improvement Project . Parcel 302 ( Exhibit " C " ) contains 0 . 48 acres , and shall be used as right-of-way for the County ' s 41St Street Improvement Project . Parcel 303 ( Exhibit " D " ) contains 0 . 47 acres , and shall be used as right- of-way for the County ' s 41St Street Improvement Project . Seller further agrees to grant to the County a perpetual , non - exclusive easement for access and drainage over Parcel 406 described in Exhibit " E " attached hereto containing approximately 2 . 66 acres located near the center of the Seller' s 66th Avenue frontage for the County ' s 66th Avenue improvement project . Seller' s remainder parcel is defined as the real property owned by Seller at the northwest quadrant of 41St Street and 66th Avenue , Indian River County less Exhibits "A" , " B " , " C " , " D " & " E " and referred herein as " Remainder Parcel " . Parcels 118 , 1191 302 , 303 and 406 shall collectively be referred to as " Property" . 2 . Purchase Price , Effective Date . The purchase price (the " Purchase Price " ) for the Property shall be SEVEN HUNDRED TWENTY EIGHT THOUSAND ONE HUNDRED THREE DOLLARS AND TWENTY- ONE/ONE - HUNDRETHS ( $ 7287103 . 21 ) . The Purchase Price shall be paid on the Closing Date . The Purchase Price is inclusive of all expert witness fees , costs and attorney' s fees incurred by Seller . The Effective Date of this Agreement shall be the date upon which the County shall have approved the execution of this Agreement , by approval by the Indian River County Board of County Commissioners at a formal meeting of such Board . 3 . Title to Parcels 118 , 119 , 302 and 303 . Seller shall convey marketable title to Parcels 118 , 1197 302 and 303 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 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 Parcels 118 , 119 , 302 and 303 . 3 . 1 County may order an Ownership and Encumbrance Report with respect to Parcels 118 , 119 , 302 and 303 . County shall , within thirty ( 30 ) days from receipt 1 13. J� AGREEMENT TO PURCHASE AND SELL REAL ESTATE THIS AGREEMENT TO PURCHASE AND SELL REAL ESTATE ( "Agreement" ) is made and entered into as of the 8th day of February , 2011 by and between Indian River County , a political subdivision of the State of Florida 1801 27th Street , Vero Beach , FL 32960 ( " County" ) , and Gamma Delta Corp . 8081 NW 74th Street , Medley , FL 33166 (" Seller" ) , who agrees as follows : 1 . Agreement to Purchase and Sell and Grant . 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 , five ( 5 ) parcels of real property located along 66th Avenue between 41St and 45th Streets , Indian River County and more specifically described in Exhibit "A" , " B " , " C " , " D " & " E " attached and incorporated by reference herein . Parcel 118 ( Exhibit "A") contains 3 . 841 acres , and shall be used as right-of-way for the County' s 66th Avenue Improvement Project . Parcel 119 ( Exhibit " B " ) contains 4 . 622 acres , and shall be used as right-of-way for the County' s 66th Avenue and 41St Street Improvement Project . Parcel 302 ( Exhibit " C ") contains 0 . 48 acres , and shall . be used as right-of-way for the County' s 41St Street Improvement Project . Parcel 303 ( Exhibit " D " ) contains 0 . 47 acres , and shall be used as right- of-way for the County' s 41St Street Improvement Project . Seller further agrees to grant to the County a perpetual , non -exclusive easement for access and drainage over Parcel 406 described in Exhibit " E " attached hereto containing approximately 2 . 66 acres located near the center of the Seller' s 66th Avenue frontage for the County' s 66th Avenue improvement project . Seller' s remainder parcel is defined as the real property owned by Seller at the northwest quadrant of 41St Street and 66th Avenue , Indian River County less Exhibits "A" , " B " , " C " , " D " & " E " and referred herein as " Remainder Parcel " . Parcels 118 , 119 , 302 , 303 and 406 shall collectively be referred to as " Property" . 2 . Purchase Price , Effective Date . The purchase price (the " Purchase Price " ) for the Property shall be SEVEN HUNDRED TWENTY EIGHT THOUSAND ONE HUNDRED THREE DOLLARS AND TWENTY- ONE/ONE - HUNDRETHS ( $ 728 , 103 . 21 ) . The Purchase Price shall be paid on the Closing Date . The Purchase Price is inclusive of all expert witness fees , costs and attorney' s fees incurred by Seller . The Effective Date of this Agreement shall be the date upon which the County shall have approved the execution of this Agreement , by approval by the Indian River County Board of County Commissioners at a formal meeting of such Board . 3 . Title to Parcels 118 , 119 , 302 and 303 . Seller shall convey marketable title to Parcels 1181 119 , 302 and 303 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 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 Parcels 118 , 119 , 302 and 303 . 3 . 1 County may order an Ownership and Encumbrance Report with respect to Parcels 118 , 119 , 302 and 303 . County shall , within thirty ( 30 ) days from receipt 1 I .J i of the Ownership and Encumbrance Report , deliver written notice to Seller of title defects . Title shall be deemed acceptable to County if (a ) County fails to deliver notice of defects within the time specified , or ( b ) County delivers notice and Seller cures the defects within thirty ( 30 ) days from receipt of notice from County of title defects (" Curative Period ") . In no event will Seller be required to spend more than three ( 3 % ) percent of the Purchase Price or file suit to cure title defect , but 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 the agreement 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 . Title to Parcel 406 Seller shall convey a perpetual non -exclusive easement for access and drainage over Parcel 406 free of claims , liens , easements and encumbrances of record or known to Seller ; but subject to property taxes for the year of Closing for use as a stormwater retention pond for the County' s 66th Avenue improvement project 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 Parcel 406 . Assuming the County creates a stormwater pond on Parcel 406 before Seller creates a joint stormwater retention pond pursuant to paragraph 9 . 11 below , the County shall own the fill dug from Parcel 406 . 4 . 1 County may order an Ownership and Encumbrance Report with respect to Parcel 406 . County shall , within thirty ( 30 ) days from receipt of the Ownership and Encumbrance Report , deliver written notice to Seller of title defects . Title shall be deemed acceptable to County if (a ) County fails to deliver notice of defects within the time specified , or ( b ) County delivers notice and Seller cures the defects within thirty ( 30 ) days from receipt of notice from County of title defects (" Curative Period ") . In no event will Seller be required to spend more than three ( 3 % ) percent of the Purchase Price or file suit to cure title defects , but 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 . 5 . Representations of the Seller. 5 . 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 2 i of the Ownership and Encumbrance Report , deliver written notice to Seller of title defects . Title shall be deemed acceptable to County if (a ) County fails to deliver notice of defects within the time specified , or ( b ) County delivers notice and Seller cures the defects within thirty ( 30 ) days from receipt of notice from County of title defects (" Curative Period ") . In no event will Seller be required to spend more than three ( 3 % ) percent of the Purchase Price or file suit to cure title defect , but 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 the agreement 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 . Title to Parcel 406 Seller shall convey a perpetual non -exclusive easement for access and drainage over Parcel 406 free of claims , liens , easements and encumbrances of record or known to Seller ; but subject to property taxes for the year of Closing for use as a stormwater retention pond for the County' s 66th Avenue improvement project 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 Parcel 406 . Assuming the County creates a stormwater pond on Parcel 406 before Seller creates a joint stormwater retention pond pursuant to paragraph 9 . 11 below , the County shall own the fill dug from Parcel 406 . 4 . 1 County may order an Ownership and Encumbrance Report with respect to Parcel 406 . County shall , within thirty ( 30 ) days from receipt of the Ownership and Encumbrance Report , deliver written notice to Seller of title defects . Title shall be deemed acceptable to County if (a ) County fails to deliver notice of defects within the time specified , or ( b ) County delivers notice and Seller cures the defects within thirty ( 30 ) days from receipt of notice from County of title defects (" Curative Period ") . In no event will Seller be required to spend more than three ( 3 % ) percent of the Purchase Price or file suit to cure title defects , but 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 . 5 . Representations of the Seller. 5 . 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 2 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 , 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 . 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 of a default by the Seller , the County shall be entitled , as its sole remedy hereunder , to terminate this Agreement . Neither the County nor any other person or party shall have any claim for specific performance , damages or otherwise against the Seller . 6 . 2 In the event of a default by the County , the Seller shall be entitled , as its sole remedy hereunder , to terminate this Agreement . Neither the Seller nor any other person or party shall have any claim for specific performance , damages or otherwise against the County . 7 . Closing . 7 . 1 The closing of the transaction contemplated herein (" Closing " and " Closing Date " ) shall take place within 45 days following the Effective Date of this Agreement . The parties agree that the Closing shall be as follows : ( a ) The Seller shall execute and deliver to the County a warranty deed conveying marketable title to Parcels 118 , 119 , 302 and 303 , and execute and deliver to the County the described easement to Parcel 406 free and clear of all liens and encumbrances and in the condition required by paragraphs 3 and 4 respectively . ( b) The Seller shall have removed all of its personal property and equipment from the Property and Seller shall deliver possession of Parcels 1187 119 , 302 , 303 and 406 to County vacant and in the same or better condition that existed at the Effective Date hereof. ( c) If Seller is obligated to discharge any encumbrances at or prior to Closing and fails to do so , County may use a portion of Purchase Price funds to satisfy the encumbrances . (d ) The Seller shall deliver to the County an affidavit , in form acceptable to the County , certifying that the Seller is not a non - resident alien or foreign entity , such that the Seller and such interest holders are 3 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 , 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 . 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 of a default by the Seller , the County shall be entitled , as its sole remedy hereunder , to terminate this Agreement . Neither the County nor any other person or party shall have any claim for specific performance , damages or otherwise against the Seller . 6 . 2 In the event of a default by the County , the Seller shall be entitled , as its sole remedy hereunder , to terminate this Agreement . Neither the Seller nor any other person or party shall have any claim for specific performance , damages or otherwise against the County . 7 . Closing . 7 . 1 The closing of the transaction contemplated herein (" Closing " and " Closing Date " ) shall take place within 45 days following the Effective Date of this Agreement . The parties agree that the Closing shall be as follows : ( a ) The Seller shall execute and deliver to the County a warranty deed conveying marketable title to Parcels 118 , 119 , 302 and 303 , and execute and deliver to the County the described easement to Parcel 406 free and clear of all liens and encumbrances and in the condition required by paragraphs 3 and 4 respectively . ( b) The Seller shall have removed all of its personal property and equipment from the Property and Seller shall deliver possession of Parcels 1187 119 , 302 , 303 and 406 to County vacant and in the same or better condition that existed at the Effective Date hereof. ( c) If Seller is obligated to discharge any encumbrances at or prior to Closing and fails to do so , County may use a portion of Purchase Price funds to satisfy the encumbrances . (d ) The Seller shall deliver to the County an affidavit , in form acceptable to the County , certifying that the Seller is not a non - resident alien or foreign entity , such that the Seller and such interest holders are 3 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 . 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 Seller . If the Closing Date occurs during the time interval commencing on November 2 and ending on December 31 , Seller shall pay all current real estate taxes and special assessments levied against the Property , prorated based on the " due date " of such taxes established by the taxing authority having jurisdiction over the Property . If the Closing Date occurs between January 1 and November 1 , the Seller shall , in accordance with Florida Statutes Section 196 . 295 , pay an amount equal to the current real estate taxes and assessments , prorated to the Closing Date . 9 . Miscellaneous . 9 . 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 . 9 . 2 Conveyance in Lieu of Eminent Domain . It is understood by the parties that this contract is entered by seller under the threat and in lieu of condemnation . 9 . 3 Entire Agreement . This Agreement constitutes the entire agreement between the parties with respect to this transaction and supersedes all prior agreements , written or oral , between the Seller and the County relating to the subject matter hereof. Any modification or amendment to this Agreement shall be effective only if in writing and executed by each of the parties . 9 . 4 Assignment and Binding Effect . 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 . 9 . 5 Notices . Any notice shall be deemed duly served if personally served or if mailed by certified mail , return receipt requested , or if sent via " overnight" courier service or facsimile transmission , as follows : If to Seller : Gamma Delta Corp . 8081 NW 74th Street Medley , FL 33166 4 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 . 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 Seller . If the Closing Date occurs during the time interval commencing on November 2 and ending on December 31 , Seller shall pay all current real estate taxes and special assessments levied against the Property , prorated based on the " due date " of such taxes established by the taxing authority having jurisdiction over the Property . If the Closing Date occurs between January 1 and November 1 , the Seller shall , in accordance with Florida Statutes Section 196 . 295 , pay an amount equal to the current real estate taxes and assessments , prorated to the Closing Date . 9 . Miscellaneous . 9 . 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 . 9 . 2 Conveyance in Lieu of Eminent Domain . It is understood by the parties that this contract is entered by seller under the threat and in lieu of condemnation . 9 . 3 Entire Agreement . This Agreement constitutes the entire agreement between the parties with respect to this transaction and supersedes all prior agreements , written or oral , between the Seller and the County relating to the subject matter hereof. Any modification or amendment to this Agreement shall be effective only if in writing and executed by each of the parties . 9 . 4 Assignment and Binding Effect . 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 . 9 . 5 Notices . Any notice shall be deemed duly served if personally served or if mailed by certified mail , return receipt requested , or if sent via " overnight" courier service or facsimile transmission , as follows : If to Seller : Gamma Delta Corp . 8081 NW 74th Street Medley , FL 33166 4 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 . 6 Survival and Benefit . Except as otherwise expressly provided herein , each agreement , representation or warranty made in this Agreement by or on behalf of either 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 . 7 Attorney' s Fees and Costs . In any claim or controversy arising out of or relating to this Agreement , each party shall bear its own attorney' s fees , costs and expenses . 9 . 8 . Counterparts . This Agreement may be executed in two or more counterparts , each one of which shall constitute an original . 9 . 9 . County Approval Required : This Agreement is subject to approval by the Indian River County Board of County Commissioners as set forth in paragraph 2 . 9 . 10 . Beneficial Interest Disclosure : Since Seller is a corporation 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 . 9 . 11 Seller shall have the option to design a joint stormwater retention pond that meets the stormwater needs of both the Seller and the County . Any such joint stormwater retention pond shall be designed to have no adverse impacts to the County ' s 66th Avenue Project drainage . The County shall have the right to review and approve of the design of any joint stormwater retention pond . Any expansion of the County' s stormwater retention pond on Parcel 406 shall be at the Seller' s sole expense . The County and Seller shall grant each other any 5 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 . 6 Survival and Benefit . Except as otherwise expressly provided herein , each agreement , representation or warranty made in this Agreement by or on behalf of either 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 . 7 Attorney' s Fees and Costs . In any claim or controversy arising out of or relating to this Agreement , each party shall bear its own attorney' s fees , costs and expenses . 9 . 8 . Counterparts . This Agreement may be executed in two or more counterparts , each one of which shall constitute an original . 9 . 9 . County Approval Required : This Agreement is subject to approval by the Indian River County Board of County Commissioners as set forth in paragraph 2 . 9 . 10 . Beneficial Interest Disclosure : Since Seller is a corporation 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 . 9 . 11 Seller shall have the option to design a joint stormwater retention pond that meets the stormwater needs of both the Seller and the County . Any such joint stormwater retention pond shall be designed to have no adverse impacts to the County ' s 66th Avenue Project drainage . The County shall have the right to review and approve of the design of any joint stormwater retention pond . Any expansion of the County' s stormwater retention pond on Parcel 406 shall be at the Seller' s sole expense . The County and Seller shall grant each other any 5 easements needed to obtain positive outfall and water treatment . Seller shall own the fill dug from any expansion of the County' s stormwater retention pond . 9 . 12 Seller shall have the option to relocate any joint stormwater retention pond to another site or sites on the Parent Parcel so long as there are no adverse impacts on drainage from 66th Avenue Project . Should Seller relocate any pond , the parties shall execute an exchange of properties agreement pursuant to § 125 . 37 Fla . Stat . (2008 ) . The County shall have the right to review and approve of the design of any pond relocation . Any relocation of any joint stormwater retention pond shall be at the Seller' s sole expense . The County and Seller shall grant each other any easements needed to obtain positive outfall and water treatment in the new pond ( s) . Seller shall take over maintenance of the relocated pond ( s ) . Drainage from the 66th Avenue Project shall not be adversely affected . 9 . 13 To the extent allowed by law , County agrees to indemnify and hold harmless and indemnify Seller from any liability which may arise from the County' s use of any joint stormwater pond . 10 Lease- back : The County shall execute and deliver to Seller a lease of the Property at the Closing . The term of the lease shall begin the day of the Closing and end one ( 1 ) year after the Closing . The lease payment shall be one dollar ( $ 1 . 00 ) per year . The Seller may request an extension of the lease by providing written notice to the Public Works Director thirty ( 30 ) days prior to the end of the lease term . The Board may , at its discretion , extend the lease on other terms , including fair market value of rent . 6 easements needed to obtain positive outfall and water treatment . Seller shall own the fill dug from any expansion of the County' s stormwater retention pond . 9 . 12 Seller shall have the option to relocate any joint stormwater retention pond to another site or sites on the Parent Parcel so long as there are no adverse impacts on drainage from 66th Avenue Project . Should Seller relocate any pond , the parties shall execute an exchange of properties agreement pursuant to § 125 . 37 Fla . Stat . (2008 ) . The County shall have the right to review and approve of the design of any pond relocation . Any relocation of any joint stormwater retention pond shall be at the Seller' s sole expense . The County and Seller shall grant each other any easements needed to obtain positive outfall and water treatment in the new pond ( s) . Seller shall take over maintenance of the relocated pond ( s ) . Drainage from the 66th Avenue Project shall not be adversely affected . 9 . 13 To the extent allowed by law , County agrees to indemnify and hold harmless and indemnify Seller from any liability which may arise from the County' s use of any joint stormwater pond . 10 Lease- back : The County shall execute and deliver to Seller a lease of the Property at the Closing . The term of the lease shall begin the day of the Closing and end one ( 1 ) year after the Closing . The lease payment shall be one dollar ( $ 1 . 00 ) per year . The Seller may request an extension of the lease by providing written notice to the Public Works Director thirty ( 30 ) days prior to the end of the lease term . The Board may , at its discretion , extend the lease on other terms , including fair market value of rent . 6 IN WITNESS WHEREOF , the undersigned have executed this Agreement as of the date first set forth above . SELLER : BOARD OF COUNTY COMMISSIONERS GAMMA DELTA CORP . INDIAN RIVER COUNTY , FLORIDA By : By : if ( printed nam ) 4 o� G���s (( / Bob Solari , Chairman 000 .11. 1. (title) ��� ��si /� J.���•, •,, . . . . . , , , • • ,c�M1,M1♦ Date Signed : .�c� ir���' ��2oio a�J • a `g ed : February s , 2011 'o1 ATTEST : J . K . Barton , Clerk . 4 • ���iaNlir • . . . . 0 •�� r�•y`CIS C ,A By ' eputy C Jerk Approved as to form and Legal Suffici nc Bytosep C � William K . DeBraa A . Baird unty Administrator 52-01 -VER\24 7 IN WITNESS WHEREOF , the undersigned have executed this Agreement as of the date first set forth above . SELLER : BOARD OF COUNTY COMMISSIONERS GAMMA DELTA CORP . INDIAN RIVER COUNTY , FLORIDA By : By : if ( printed nam ) 4 o� G���s (( / Bob Solari , Chairman 000 .11. 1. (title) ��� ��si /� J.���•, •,, . . . . . , , , • • ,c�M1,M1♦ Date Signed : .�c� ir���' ��2oio a�J • a `g ed : February s , 2011 'o1 ATTEST : J . K . Barton , Clerk . 4 • ���iaNlir • . . . . 0 •�� r�•y`CIS C ,A By ' eputy C Jerk Approved as to form and Legal Suffici nc Bytosep C � William K . DeBraa A . Baird unty Administrator 52-01 -VER\24 7 EXHIBIT SKETCH TO ACCOMPANY DESCRIPTION . AZ .� rTHIS IS NOT A SURVEYI LOCATION MAP: NOT M. SCALE 4.9th .t. 24 al 19 > >i + + 45th St. •4: I I MMA DELTA CORPORATION NGifford Rd . 29o 25. 41 th ..St b+l. _ Bprb. er IS° ... Ave. °p Cherry one ,1 t LEGAL DESCRIPTIONS PARCEL , 118 A PARCEL OF LAND DEING THE EAST 126 . 00 FEET OF TRACT 1 ,, INDIAN RIVER FARMS CO . PLAT OF LANDS , ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 2 , PAGE 251 PUBLIC RECORDS, SAINT LUCIE COUNTY, FLORIDA, ALL LYING WITHIN SECTION 30, TOWNSHIP 32 SOUTH , j RANGE 39 EAST, INDIAN RIVER COUNTY, FLORIDA. CONTAINING 3 . 841 ACRES , MORE OR LESS { SAID PARCEL OF LAND LYING WITHIN THOSE LANDS AS DESCRIBED IN OFFICIAL RECORDS BOOK 1677 , PAGE 1173 , PUBLIC RECORDS , INDIAN I RIVER COUNTY, FLORIDA. L CERTIFICATION :. I' I HEREBY CERTIFI' THAT THE DESCRIPTION AND ATTACHED SKETCH OF DESCRIPTION WERE PREPARED IN! ACCORDANCE WITH THE SURVEYING. STANDARDS; CHAPTER fi1G1J -6, FLORIDA ADMINISTRATIVE CODE, AS SET FORTH BY THE FLORIDA BOARD OF PROFESSIONAL SURVEYORS & MAPPERS, PURSUANT TO SECTION 472.027, FLORIDA STATUTES,. AND IS TRUE AND .CORRECT TO THE BEST OF MY 'KNOWLEDGE AND BELIEF. UNLESS IT BEARS THE SIGNATURE AND THE ORIGINAL RAISED. SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER, THIS LEGAL DESCRIPTION AND SKETCH IS FOR INFORMATIONAL PURPOSES ONLY AND IS NOT VALID, Mll NOTE90 THIS IS NOT A SKETCH OF SURVEY, BUT ONLY A . G*HIC DEP1CT10N. OF THE DESORIAT'IdW SHOWN HEREON, ,, THERE HAS, .SEEN.' NO FIELD WORK', VIEW.I.NG OF THE PERUSSIONAL WHITE SUBJECT PROPERTY, OR MONUMENT'S SEF IN CONNECTION PRO LAND SURVEYOR AND MAPPER WITH: THE PREPARATION OF THE INFORMATION SHOWN LICENSE NO. 4213; STATE OF FLORIDA HEREON NOTE LANDS SHOWN HEREON . WERE NOT ABSTRACTED FOR RESTRICTIONS, RIGHTS=OF—WAY AND DATE 1/2/07 REV 8/29 ', 08 E 'SEMENTS, OF RECORD, tlovfa�cr r�uitice� Dawm ort wwar+ tsayE cxt _ REV 4/t7/09 ,e� ki AR, ADIS ADDmON& R/W I ►+uueoa owanwc tax a . t ARCADIS U .S ., Inc . mvfr y Tet:Iss�)ss�•mpo F= (6ffl) W7•nst WP001053 ,, �, squ , 105 SDI 18 aF 4 l: EXHIBIT SKETCH TO ACCOMPANY DESCRIPTION . AZ .� rTHIS IS NOT A SURVEYI LOCATION MAP: NOT M. SCALE 4.9th .t. 24 al 19 > >i + + 45th St. •4: I I MMA DELTA CORPORATION NGifford Rd . 29o 25. 41 th ..St b+l. _ Bprb. er IS° ... Ave. °p Cherry one ,1 t LEGAL DESCRIPTIONS PARCEL , 118 A PARCEL OF LAND DEING THE EAST 126 . 00 FEET OF TRACT 1 ,, INDIAN RIVER FARMS CO . PLAT OF LANDS , ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 2 , PAGE 251 PUBLIC RECORDS, SAINT LUCIE COUNTY, FLORIDA, ALL LYING WITHIN SECTION 30, TOWNSHIP 32 SOUTH , j RANGE 39 EAST, INDIAN RIVER COUNTY, FLORIDA. CONTAINING 3 . 841 ACRES , MORE OR LESS { SAID PARCEL OF LAND LYING WITHIN THOSE LANDS AS DESCRIBED IN OFFICIAL RECORDS BOOK 1677 , PAGE 1173 , PUBLIC RECORDS , INDIAN I RIVER COUNTY, FLORIDA. L CERTIFICATION :. I' I HEREBY CERTIFI' THAT THE DESCRIPTION AND ATTACHED SKETCH OF DESCRIPTION WERE PREPARED IN! ACCORDANCE WITH THE SURVEYING. STANDARDS; CHAPTER fi1G1J -6, FLORIDA ADMINISTRATIVE CODE, AS SET FORTH BY THE FLORIDA BOARD OF PROFESSIONAL SURVEYORS & MAPPERS, PURSUANT TO SECTION 472.027, FLORIDA STATUTES,. AND IS TRUE AND .CORRECT TO THE BEST OF MY 'KNOWLEDGE AND BELIEF. UNLESS IT BEARS THE SIGNATURE AND THE ORIGINAL RAISED. SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER, THIS LEGAL DESCRIPTION AND SKETCH IS FOR INFORMATIONAL PURPOSES ONLY AND IS NOT VALID, Mll NOTE90 THIS IS NOT A SKETCH OF SURVEY, BUT ONLY A . G*HIC DEP1CT10N. OF THE DESORIAT'IdW SHOWN HEREON, ,, THERE HAS, .SEEN.' NO FIELD WORK', VIEW.I.NG OF THE PERUSSIONAL WHITE SUBJECT PROPERTY, OR MONUMENT'S SEF IN CONNECTION PRO LAND SURVEYOR AND MAPPER WITH: THE PREPARATION OF THE INFORMATION SHOWN LICENSE NO. 4213; STATE OF FLORIDA HEREON NOTE LANDS SHOWN HEREON . WERE NOT ABSTRACTED FOR RESTRICTIONS, RIGHTS=OF—WAY AND DATE 1/2/07 REV 8/29 ', 08 E 'SEMENTS, OF RECORD, tlovfa�cr r�uitice� Dawm ort wwar+ tsayE cxt _ REV 4/t7/09 ,e� ki AR, ADIS ADDmON& R/W I ►+uueoa owanwc tax a . t ARCADIS U .S ., Inc . mvfr y Tet:Iss�)ss�•mpo F= (6ffl) W7•nst WP001053 ,, �, squ , 105 SDI 18 aF 4 l: EXHIBIT ' SKETCH TO ACCOMPANY DESCRIPTION . THIS IS NOT A SURVEY! LEGEND: SEE SHEET 3 OF 4 X30' EASEMENT P.B. 29 PG. 25 (S. L.C.R.) C3 STA; 258+48.79 OFFSET: 43 . 00 R — 451h STREETTJ(NORTH GIFFOR l :ROAC1} N f — S$9'50'20"E o� ti. 30' SUB—LATERAL "A-7" CANALJ uj . . INDIAN RIVER FARMS CO. PLAT OF LANDS. SEE 2 P. B. 2, PG: 25; S.L,C.R. n : N44'51 '28 DETAIL A . : ;:SHEET 4 OF 4 NORTH LINE OF SECTION 30-32-39 149151 N 2 N8T5O'2OV 5316.57' NORTH LINE OF TRACT 1 12fi.00' - ADDITIONAL R i r ' r TRACT 1 , IRFC 4 N P .B. 2, PG. 25 45th STREET 118 ^ < � N VERO BEACH , FL. , 32967to . . PID- 32393000001001000001 .0 N :. plli000b Ogg O.R.B. 16779 PG. 1173 to 5 30.00ROAD R/W A ; AS DETERMINED 8Y. ,�, INDIAN RIVER COUNTY �` °' O.B. 48, PG. 23 o MEB `: �u • GAMMA DELTA CORPORATION CC4 3roft . W R/W PER STATE OF FLORIDA I `� STATE ROAD DEPARTMENT RIGHT=OF=WAY MAP ® ® . .... .r .SEMI . �5 .NQ..SQi o L MATCH. UNE "A' — SEE -SHEET 3 OF_ 4 ARCADISsw ME 7 . ARC:ADIS USS ., Incq AADDITIONAL R/W ° mer wow IDIOMIDIOM rte» 2Mi + . L> . Tat (0),We?= F= (WI) 607,m, Wool M3 ;105350118 ©, wwtPaNi:ebed� Flariaa33�11 ,ww. wcmr W2 of 4 - EXHIBIT ' SKETCH TO ACCOMPANY DESCRIPTION . THIS IS NOT A SURVEY! LEGEND: SEE SHEET 3 OF 4 X30' EASEMENT P.B. 29 PG. 25 (S. L.C.R.) C3 STA; 258+48.79 OFFSET: 43 . 00 R — 451h STREETTJ(NORTH GIFFOR l :ROAC1} N f — S$9'50'20"E o� ti. 30' SUB—LATERAL "A-7" CANALJ uj . . INDIAN RIVER FARMS CO. PLAT OF LANDS. SEE 2 P. B. 2, PG: 25; S.L,C.R. n : N44'51 '28 DETAIL A . : ;:SHEET 4 OF 4 NORTH LINE OF SECTION 30-32-39 149151 N 2 N8T5O'2OV 5316.57' NORTH LINE OF TRACT 1 12fi.00' - ADDITIONAL R i r ' r TRACT 1 , IRFC 4 N P .B. 2, PG. 25 45th STREET 118 ^ < � N VERO BEACH , FL. , 32967to . . PID- 32393000001001000001 .0 N :. plli000b Ogg O.R.B. 16779 PG. 1173 to 5 30.00ROAD R/W A ; AS DETERMINED 8Y. ,�, INDIAN RIVER COUNTY �` °' O.B. 48, PG. 23 o MEB `: �u • GAMMA DELTA CORPORATION CC4 3roft . W R/W PER STATE OF FLORIDA I `� STATE ROAD DEPARTMENT RIGHT=OF=WAY MAP ® ® . .... .r .SEMI . �5 .NQ..SQi o L MATCH. UNE "A' — SEE -SHEET 3 OF_ 4 ARCADISsw ME 7 . ARC:ADIS USS ., Incq AADDITIONAL R/W ° mer wow IDIOMIDIOM rte» 2Mi + . L> . Tat (0),We?= F= (WI) 607,m, Wool M3 ;105350118 ©, wwtPaNi:ebed� Flariaa33�11 ,ww. wcmr W2 of 4 - EXHIBIT A -- 3 SKETCH TO ACCOMPANY DESCRIPTION . THIS IS NOT A SURVEY] . ,.MATCH UNE *A , SEE SHEET 2 OF 4%�, e„ ,;, LEGEND: P.O:C. - POINT OF COMMENCEMENT I P.0:8: - POINT OF BEGINNING P. B. - PLAT BOOK PG. - PAGE N S.L I - ST. LUCIE COUNTY RECORDS T - TOTAL o780 , o Q 126: 00' . : + . ADDMONAL. R/W N ce c TRACT 1 , ]RFC P.B. Z,, PG. 25 .-. 1g 45th STREET . + : o � VERO BEACH, FL., 32967 cv u M32393000001001000001 ..0 N in .- , 1677, PG. 1173 co a N . w a ; um In CL N rs N f'; . A- Am tunC*I 40 IJZ I w ' o z ;a p # C) of N : Z co Lim 30,00' ROAD R/W w N AS DETERMINED BY INDIAN RIVER COUNTY GAMMA DELTA CORPORATION o:e. 48, PO. 23 N // MATCH LINE `B' - SEE SHEET 4 OF 4 �-_.: � �ri" ' .e . i �� i . .wn. , _ .•. � ®:It ® � 0 rte . " :m ;. P��ly}t��.E. C,T YAt1AC,ER : OEPARi m YN4k,ER ! SG1LE 'pper�. CpFf�G, a BY 1 ARCADIS ' A CADIS U.S:, inc. AMMONAL R/W cr oau�+o 'r ue¢x 26h � Td (361) ON= F= (W) B!< aMl � . WPOO1.053 1 O53SD1I81 ©' adom i . SHEET 3 , oF 4 EXHIBIT A -- 3 SKETCH TO ACCOMPANY DESCRIPTION . THIS IS NOT A SURVEY] . ,.MATCH UNE *A , SEE SHEET 2 OF 4%�, e„ ,;, LEGEND: P.O:C. - POINT OF COMMENCEMENT I P.0:8: - POINT OF BEGINNING P. B. - PLAT BOOK PG. - PAGE N S.L I - ST. LUCIE COUNTY RECORDS T - TOTAL o780 , o Q 126: 00' . : + . ADDMONAL. R/W N ce c TRACT 1 , ]RFC P.B. Z,, PG. 25 .-. 1g 45th STREET . + : o � VERO BEACH, FL., 32967 cv u M32393000001001000001 ..0 N in .- , 1677, PG. 1173 co a N . w a ; um In CL N rs N f'; . A- Am tunC*I 40 IJZ I w ' o z ;a p # C) of N : Z co Lim 30,00' ROAD R/W w N AS DETERMINED BY INDIAN RIVER COUNTY GAMMA DELTA CORPORATION o:e. 48, PO. 23 N // MATCH LINE `B' - SEE SHEET 4 OF 4 �-_.: � �ri" ' .e . i �� i . .wn. , _ .•. � ®:It ® � 0 rte . " :m ;. P��ly}t��.E. C,T YAt1AC,ER : OEPARi m YN4k,ER ! SG1LE 'pper�. CpFf�G, a BY 1 ARCADIS ' A CADIS U.S:, inc. AMMONAL R/W cr oau�+o 'r ue¢x 26h � Td (361) ON= F= (W) B!< aMl � . WPOO1.053 1 O53SD1I81 ©' adom i . SHEET 3 , oF 4 EXHIBIT SKETCH TO ACCOMPANY DESCRIPTION . THIS IS NOT A SURVEYI MATCH SINE "B' - SEE SHEET 3 OF 4 . � ` 1 M S ; O C OWN O N TRACT 1. , IRFC � P. B. 2, PG. 25 Z •- 45th STREET tn VERO BEACH, FL, 32967 via PID-32393000001001000001 .0 "' $ o O.R:B: 16771 PG. 11,73 v CD 126.00' d i ' STA:, 245+51 .92 ADDITIONAL R/W rn o 1 ;0 ;. OFFSETc 43:00. R' � SOUTH LUNE of TRACT 1 N89'4623" N TRACT 8, IRFC 126.0 i P.B. 2, PG. 25 +, I , a Ln 50' R/W PER STATE OF FLORIDA N . . STATE ROAD OEPARTIr1ENT RIGHT OF-WAY MAP ot5 SECTION N0. 88530, ROAD N0. 5Q5 '� a COUNTY ROAD 51.51 66th AVENUE C2 g aeopTo' SUB—LATERAL,� 'A-7" CANAL %* STA 258+48.88 �� OFFSET: 93.00 L N �' i S89'S0°2Q7 • 136;00' 1 g ' may, ! t 10.0, 0' l ,� Q cd IN g P:0.8. 1 c STA 258+38.87 ,,, OFFSET:783'.00 L ;,, os . IN� TRACT 1 , IRFC cnNF B4 2, PG. 25 30:00 ROAD R/Wa g , o M AS DETERMINED BY a ao, „A. „ INDIAN PIVER' COUNTY n -- :° DETAIL D.8, 48, PG. 23 ' i z N SCALE. i "= 10' o iti LEGID& SEE SHEET 3 OF 4 rRya(E( Cf YAFlAOEJt ory�.{{yyRfAENt ' wwU,EB SCNE ' p� 0.11M`BY W . P"NNW�ayl ARC Is � I BUY1M A`R�ADIS U .S , l Inc, ADDmON& R/W 1 BEt �BtVlteFadauey Tr1 (HBt)6Wa� Fate(SBI) BB7T75t WP001053 (p west Wm Beech, FbW 33411 r WWJi time SHEET 4 of 4 , EXHIBIT SKETCH TO ACCOMPANY DESCRIPTION . THIS IS NOT A SURVEYI MATCH SINE "B' - SEE SHEET 3 OF 4 . � ` 1 M S ; O C OWN O N TRACT 1. , IRFC � P. B. 2, PG. 25 Z •- 45th STREET tn VERO BEACH, FL, 32967 via PID-32393000001001000001 .0 "' $ o O.R:B: 16771 PG. 11,73 v CD 126.00' d i ' STA:, 245+51 .92 ADDITIONAL R/W rn o 1 ;0 ;. OFFSETc 43:00. R' � SOUTH LUNE of TRACT 1 N89'4623" N TRACT 8, IRFC 126.0 i P.B. 2, PG. 25 +, I , a Ln 50' R/W PER STATE OF FLORIDA N . . STATE ROAD OEPARTIr1ENT RIGHT OF-WAY MAP ot5 SECTION N0. 88530, ROAD N0. 5Q5 '� a COUNTY ROAD 51.51 66th AVENUE C2 g aeopTo' SUB—LATERAL,� 'A-7" CANAL %* STA 258+48.88 �� OFFSET: 93.00 L N �' i S89'S0°2Q7 • 136;00' 1 g ' may, ! t 10.0, 0' l ,� Q cd IN g P:0.8. 1 c STA 258+38.87 ,,, OFFSET:783'.00 L ;,, os . IN� TRACT 1 , IRFC cnNF B4 2, PG. 25 30:00 ROAD R/Wa g , o M AS DETERMINED BY a ao, „A. „ INDIAN PIVER' COUNTY n -- :° DETAIL D.8, 48, PG. 23 ' i z N SCALE. i "= 10' o iti LEGID& SEE SHEET 3 OF 4 rRya(E( Cf YAFlAOEJt ory�.{{yyRfAENt ' wwU,EB SCNE ' p� 0.11M`BY W . P"NNW�ayl ARC Is � I BUY1M A`R�ADIS U .S , l Inc, ADDmON& R/W 1 BEt �BtVlteFadauey Tr1 (HBt)6Wa� Fate(SBI) BB7T75t WP001053 (p west Wm Beech, FbW 33411 r WWJi time SHEET 4 of 4 , EXHIBIT ^ -�— SKETCH TO ACCOMPANY DESCRIPTION , THIS IS NOT A SURVEYI LOCATION W. NOT TO SCALE 0 v 49th t 20 21 i . O 24 O ,I 19 �+ 45th ,:; St ¢. OWNER• C'I' j{e N . Giffori Rd. GAMMA DELTA CORPORATION o 2sJ 41 the „ .St ,; Gifford Rd. . _ , f� 30 29 28 c I Barber1134 r ( Cherry I; . an:e LEGAL . DESCRIPTION : PARCEL. 1. 1! 9 THAT PORTION OF LAND BEING THE EAST 126;00 FEET AND THE NORTH 70:00 FEET OF THE SOUTH 100.00 FEET OF THE EAST 20. ACRES OF TRACT .8, INDIAN RIVER FARMS CO. PLAT OF LANDS, ACCORDING TO THE PLAT THEREOF, AS tRECORDED , INPLAT BOOK 2, PAGE 25, PUBLIC RECORDS, SAINT LUCIE COUNTY,: FLORIDA, ALL LYING WITHIN SECTION 30, TOWNSHIP 32 SOUTH , RANGE 39 EAST; INDIAN RIVER COUNTY, ` FLORIDA. TOGETHER WITH THAT PORTION OF SAID TRACT 8 BEING MORE PARTICULARLY DESCRIBED AS: BEGIN AT THE POINT OF INTERSECTION OF THE WEST LINE OF THE. EAST 126 .00 FEET OF SAID TRACT 8 AND THE NORTH, LINE OF THE SOUTH 100-0 FEET OF SAID' TRACT 8; THENCE NORTH 89'42.'26°WEST, . ALONG SAID NORTH LINE, A DISTANCE OF 40..1.2 FEET; THENCE NORTH 45012'29" EAST, A DISTANCE OF 56:65 FEET, THENCE SOUTH 00'07' 23" WEST, ALONG SAID WEST LINE, A DISTANCE OF 40. 12 FEET TO THE POINT OF BEGINNING. CONTAINING 4,622 ACRES , MORE OR LESS SAID - PARCEL _ OF LAND LYING WITHIN THOSE LANDS AS DESCRIBED IN OFFICIAL RECORDS BOOK 1677, PAGE 1150 , PUBLIC RECORDS, INDIAN RIVER' COUNTY, FLORIDA. CERTIFlCAT10Ns I HEREBY CERTIFY THAT THE DESCRIPTION AND ATTACHED SKETCH' OF DESCRIPTION WERE PREPARED IN ACCORDANCE WITH THE SURVEYING STANDARDS, CHAPTER 61G17- 6, FLORIDA ADMINISTRATIVE CODE, AS SET FORTH BY THE FLORi ` . BOARD OF PROFESSIONAL SURVEYORS & MAPPERS , PURSUANT TO SECTION. 472, ' l 0ORIDA T11TES, AND IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE AND BELIEF. UNLE R, iT FARS HE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR: AND ; MAP rS AL DESCRIPTION AND SKETCH IS FOR INFORMATIONAL PURPOSES ONLY AND IS NOT VALID.. NOTE: THIS IS NOT A SKETCH OF SURVEY, BUT ONLY A GRAPHIC DEPIC11ON OF THE DESCRIPTION SHOWN HEREON. _ THERE HAS BEEN NO FIELD WORK, VIEWING OF THE YVI DM> E SUBJECT PROPERTY,: OR MONUMENTS SET IN . CONNECTION i PRO ZONAL LAND SURVEYOR AND MAPPER WITH THE PREPARATION OF THE INFORMATION SHOWN LICENSE N0. 4190, STATE OF FLORIDA HEREON. NOTE: LAN08 SHOWN HEREON WERE NOT ABSTRACTED FOR RESTRICTIONS, RIGHTS=OF-WAY AND DATE; 03/21 /07. REV 4/$/09 6EJ EASEMENTS OF RECORD. w - - . REV 0/17/6§ BEJg PRAECi ANNAGER : oEautr►aEr+r wvucER scu E of= BY QCN . PCN . ... ... . . . ... t ='8p: ! J . AD '�S SHEET 7RCE' pyUE21 /A7 AWN BY :_ /ARCADIS U .S . , Inc . ADDITIONAL R/W m 7 �wm I' 2061 VlIa PaAw,wa u Tek' 561) 69Te7Q00 Fme(561 ) 681.7151 WP00.1 D53 #; o Pahftch,:�� �;:, SHEEfi j 5 ; 4053$ DII EXHIBIT ^ -�— SKETCH TO ACCOMPANY DESCRIPTION , THIS IS NOT A SURVEYI LOCATION W. NOT TO SCALE 0 v 49th t 20 21 i . O 24 O ,I 19 �+ 45th ,:; St ¢. OWNER• C'I' j{e N . Giffori Rd. GAMMA DELTA CORPORATION o 2sJ 41 the „ .St ,; Gifford Rd. . _ , f� 30 29 28 c I Barber1134 r ( Cherry I; . an:e LEGAL . DESCRIPTION : PARCEL. 1. 1! 9 THAT PORTION OF LAND BEING THE EAST 126;00 FEET AND THE NORTH 70:00 FEET OF THE SOUTH 100.00 FEET OF THE EAST 20. ACRES OF TRACT .8, INDIAN RIVER FARMS CO. PLAT OF LANDS, ACCORDING TO THE PLAT THEREOF, AS tRECORDED , INPLAT BOOK 2, PAGE 25, PUBLIC RECORDS, SAINT LUCIE COUNTY,: FLORIDA, ALL LYING WITHIN SECTION 30, TOWNSHIP 32 SOUTH , RANGE 39 EAST; INDIAN RIVER COUNTY, ` FLORIDA. TOGETHER WITH THAT PORTION OF SAID TRACT 8 BEING MORE PARTICULARLY DESCRIBED AS: BEGIN AT THE POINT OF INTERSECTION OF THE WEST LINE OF THE. EAST 126 .00 FEET OF SAID TRACT 8 AND THE NORTH, LINE OF THE SOUTH 100-0 FEET OF SAID' TRACT 8; THENCE NORTH 89'42.'26°WEST, . ALONG SAID NORTH LINE, A DISTANCE OF 40..1.2 FEET; THENCE NORTH 45012'29" EAST, A DISTANCE OF 56:65 FEET, THENCE SOUTH 00'07' 23" WEST, ALONG SAID WEST LINE, A DISTANCE OF 40. 12 FEET TO THE POINT OF BEGINNING. CONTAINING 4,622 ACRES , MORE OR LESS SAID - PARCEL _ OF LAND LYING WITHIN THOSE LANDS AS DESCRIBED IN OFFICIAL RECORDS BOOK 1677, PAGE 1150 , PUBLIC RECORDS, INDIAN RIVER' COUNTY, FLORIDA. CERTIFlCAT10Ns I HEREBY CERTIFY THAT THE DESCRIPTION AND ATTACHED SKETCH' OF DESCRIPTION WERE PREPARED IN ACCORDANCE WITH THE SURVEYING STANDARDS, CHAPTER 61G17- 6, FLORIDA ADMINISTRATIVE CODE, AS SET FORTH BY THE FLORi ` . BOARD OF PROFESSIONAL SURVEYORS & MAPPERS , PURSUANT TO SECTION. 472, ' l 0ORIDA T11TES, AND IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE AND BELIEF. UNLE R, iT FARS HE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR: AND ; MAP rS AL DESCRIPTION AND SKETCH IS FOR INFORMATIONAL PURPOSES ONLY AND IS NOT VALID.. NOTE: THIS IS NOT A SKETCH OF SURVEY, BUT ONLY A GRAPHIC DEPIC11ON OF THE DESCRIPTION SHOWN HEREON. _ THERE HAS BEEN NO FIELD WORK, VIEWING OF THE YVI DM> E SUBJECT PROPERTY,: OR MONUMENTS SET IN . CONNECTION i PRO ZONAL LAND SURVEYOR AND MAPPER WITH THE PREPARATION OF THE INFORMATION SHOWN LICENSE N0. 4190, STATE OF FLORIDA HEREON. NOTE: LAN08 SHOWN HEREON WERE NOT ABSTRACTED FOR RESTRICTIONS, RIGHTS=OF-WAY AND DATE; 03/21 /07. REV 4/$/09 6EJ EASEMENTS OF RECORD. w - - . REV 0/17/6§ BEJg PRAECi ANNAGER : oEautr►aEr+r wvucER scu E of= BY QCN . PCN . ... ... . . . ... t ='8p: ! J . AD '�S SHEET 7RCE' pyUE21 /A7 AWN BY :_ /ARCADIS U .S . , Inc . ADDITIONAL R/W m 7 �wm I' 2061 VlIa PaAw,wa u Tek' 561) 69Te7Q00 Fme(561 ) 681.7151 WP00.1 D53 #; o Pahftch,:�� �;:, SHEEfi j 5 ; 4053$ DII EXHIBIT SKETCH TO ACCOMPANY DESCRIPTION , THIS IS NOT A SURVEY! . LEGEND, IRFC – INDIAN RIVER FARMS CO. PLAT OF LANDS P.B . – PLAT BOOK PG . – PAGE P .O . B . – POINT OF BEGINNING P ,O,C – POINT OF COMMENCEMENT I S.L.C , R. – ST. LUCIE COUNTY RECORDS -o T – TOTAL I o + I TRACT 1 , IRFC a 1 P. B . 21 PG. 25 I 45th STREET VERO BEAC0 H, . FL , 329.67 ( `o I PID - 32393000001001,,000001 :0 I O .R.B. 1677, PG. 1173 z STA: 245+51 .92 126 .00 — I •' : 'OFFSET: 43.00 R ADDITIONAL R/W� N8946, 23 . a 126.00' NORTH LINE OF TRACT 8 STA: 2.45 + 52. 15..: : C) OFFSET: 83 . 00L " �+_ _ Lo ^ I o I a I r � 50' R/W PER STATE OF FLORIDA STATE ROAD DEPARTMENT RIGHT-OF-WAY MAPCD SECTION N0, 88530, ROAD NO.. 505 u' .f... N COUNTY ROAD 615, 66th AVENUE sit s� � cc i � a TRACT 8 , IRFC W L) N' � � P.6 . 2, PG. 25 !� `o 119 0 4125 66th AVENUE40• w o O i' a b E VERO BEACH , FL. , 32967 o z . N c l PID- 32393000001008000003.0 Z' � cn v� 01 30 .00' ROAD R/W W ! M /!M z44Q � WIC AS DETERMINED BY n INDIAN RIVER COUNTY ' ` o $ Lo D.B . 48, PG . 23 GAMMA DELTA CORPORATION . — ^...;� 0 dL �jm � mml` - L .4,� TO . LINE "A' - SEE. . SHEET' 3. OF 5 � � — aEPAKf1AENT $ "PfICJEQT iTPNRGER " ' `. MAkhiR . SCALE CHECKED 9Y PCW 1 . N ' SHEET TITLE OATS: . 93/21/07 ; ARCADIS N ARCd1D1S U.S. , Inca .. ADDfpPRM ECT R/W PRECT NUMM DRAWING NUMM 2081 %4A- Pyr Telwww.arcadfi us(58,; 6�a000 Fac (501) 697.7751 WPOO 1053 40538 D 119. Q Wast Pahl Baadb Floft 33411 axn STIEET 2 H3` 5 1 EXHIBIT SKETCH TO ACCOMPANY DESCRIPTION , THIS IS NOT A SURVEY! . LEGEND, IRFC – INDIAN RIVER FARMS CO. PLAT OF LANDS P.B . – PLAT BOOK PG . – PAGE P .O . B . – POINT OF BEGINNING P ,O,C – POINT OF COMMENCEMENT I S.L.C , R. – ST. LUCIE COUNTY RECORDS -o T – TOTAL I o + I TRACT 1 , IRFC a 1 P. B . 21 PG. 25 I 45th STREET VERO BEAC0 H, . FL , 329.67 ( `o I PID - 32393000001001,,000001 :0 I O .R.B. 1677, PG. 1173 z STA: 245+51 .92 126 .00 — I •' : 'OFFSET: 43.00 R ADDITIONAL R/W� N8946, 23 . a 126.00' NORTH LINE OF TRACT 8 STA: 2.45 + 52. 15..: : C) OFFSET: 83 . 00L " �+_ _ Lo ^ I o I a I r � 50' R/W PER STATE OF FLORIDA STATE ROAD DEPARTMENT RIGHT-OF-WAY MAPCD SECTION N0, 88530, ROAD NO.. 505 u' .f... N COUNTY ROAD 615, 66th AVENUE sit s� � cc i � a TRACT 8 , IRFC W L) N' � � P.6 . 2, PG. 25 !� `o 119 0 4125 66th AVENUE40• w o O i' a b E VERO BEACH , FL. , 32967 o z . N c l PID- 32393000001008000003.0 Z' � cn v� 01 30 .00' ROAD R/W W ! M /!M z44Q � WIC AS DETERMINED BY n INDIAN RIVER COUNTY ' ` o $ Lo D.B . 48, PG . 23 GAMMA DELTA CORPORATION . — ^...;� 0 dL �jm � mml` - L .4,� TO . LINE "A' - SEE. . SHEET' 3. OF 5 � � — aEPAKf1AENT $ "PfICJEQT iTPNRGER " ' `. MAkhiR . SCALE CHECKED 9Y PCW 1 . N ' SHEET TITLE OATS: . 93/21/07 ; ARCADIS N ARCd1D1S U.S. , Inca .. ADDfpPRM ECT R/W PRECT NUMM DRAWING NUMM 2081 %4A- Pyr Telwww.arcadfi us(58,; 6�a000 Fac (501) 697.7751 WPOO 1053 40538 D 119. Q Wast Pahl Baadb Floft 33411 axn STIEET 2 H3` 5 1 EHtSIT SKETCH TO ACCOMPANY DESCRIPTION . THIS IS NOT A SURVEYI MATCH LINE �A' - SEE SHEET 2 OF 5�, ;, - . " .. . . ' 126.U0� ADDITIONAL R/W o uj co Co LEGEND! 04 ? v w =a I I P.O.C. — POINT OF COMMENCEMENT z s P.O, B. — POINT OF BEGINNING p u. � I w P.B. - PLAT BOOK o i PG. - PAGE , � g S.LC.R. - ST. LUCIE COUNTY RECORDS go T - TOTAL + I . 00 TRACT 8, IRFC o . ;y P,B. 2, PG . 25 4125 66th: AVENUE N . 9-80' ;. — 50 VERO BEACH , FIL 32967 I PID-32393000001008000003.0 N 7 M o . IoM , l tn I - ) I N , U7 50' .R/W PER STATE OF FLORIDA �' I' ~ o X04 i STATE ROAD DEPARTMENT R1GHT-0F-WAY MAP Co W , SECTION N0, 88530, ROAD NO. 605 z W rn z COUNTY ROAD 615, 66th AVENUE �- I 0 I 1+� . z o 0o eC N =3 lo C4 f4r) I I 30.00ROAD R/W M AS DETERMINED BY.. .. _ �y INDIAN RIVER COUNTY i D.B . 48, PG . 23 o I GAMMA DELTA CORPORATIDN M` to I LMATCH LIME "8' - SEE SHEET 4 OF 5 r. is ssr r r . rs � ! � ® . � � ® , s � � � � . �.� PROJECT'AW-0W f MOMENT IMNIGER 'SCALE W^YKED BY .PCW PCW 1 ' ® Sol PcJN . sir TRE DAM/21/07 . .ar IS RCADISr _.. . . P001.053 AR .CA;Di$' U.S . m ADDITIONAL R/W PROE67 HU W ' 'DWM NUMBER Inc, t053SD919 208 t re`Pa ' Teh {581jtlEylao� Fm 15s1jsaT:ns1 W O. WestFWMBeeoh,:Fl 33411 wwwamadls4A m SHEET 3 OF 5 I EHtSIT SKETCH TO ACCOMPANY DESCRIPTION . THIS IS NOT A SURVEYI MATCH LINE �A' - SEE SHEET 2 OF 5�, ;, - . " .. . . ' 126.U0� ADDITIONAL R/W o uj co Co LEGEND! 04 ? v w =a I I P.O.C. — POINT OF COMMENCEMENT z s P.O, B. — POINT OF BEGINNING p u. � I w P.B. - PLAT BOOK o i PG. - PAGE , � g S.LC.R. - ST. LUCIE COUNTY RECORDS go T - TOTAL + I . 00 TRACT 8, IRFC o . ;y P,B. 2, PG . 25 4125 66th: AVENUE N . 9-80' ;. — 50 VERO BEACH , FIL 32967 I PID-32393000001008000003.0 N 7 M o . IoM , l tn I - ) I N , U7 50' .R/W PER STATE OF FLORIDA �' I' ~ o X04 i STATE ROAD DEPARTMENT R1GHT-0F-WAY MAP Co W , SECTION N0, 88530, ROAD NO. 605 z W rn z COUNTY ROAD 615, 66th AVENUE �- I 0 I 1+� . z o 0o eC N =3 lo C4 f4r) I I 30.00ROAD R/W M AS DETERMINED BY.. .. _ �y INDIAN RIVER COUNTY i D.B . 48, PG . 23 o I GAMMA DELTA CORPORATIDN M` to I LMATCH LIME "8' - SEE SHEET 4 OF 5 r. is ssr r r . rs � ! � ® . � � ® , s � � � � . �.� PROJECT'AW-0W f MOMENT IMNIGER 'SCALE W^YKED BY .PCW PCW 1 ' ® Sol PcJN . sir TRE DAM/21/07 . .ar IS RCADISr _.. . . P001.053 AR .CA;Di$' U.S . m ADDITIONAL R/W PROE67 HU W ' 'DWM NUMBER Inc, t053SD919 208 t re`Pa ' Teh {581jtlEylao� Fm 15s1jsaT:ns1 W O. WestFWMBeeoh,:Fl 33411 wwwamadls4A m SHEET 3 OF 5 I EXHIBIT SKETCH TO ACCOMPANY DESCRIPTION , THIS IS NOT A SURVEY ! MATCH UNE "B' - SEE SHEET 3 OF 5 30.00 ' ROAD R/W AS DETERMINEDto Bl INDIAN RIVER COUNTY D.B. 48, PG. 23LU F.CO V W I 126.00'4 . o N `" Z I TRACT s, 1RFc ADDITIONAL R/W ' us o s P . B . 2, M . � 2 4 � CL PG. 25 N Q � N Cl �, 4125 66th AVENUE ^ ^ VMO BEACH, FL. , 329...67 � N b � ~ �' ^ � � � I I go cUn PID-32393000001008000003.0 �, �„^ RZ n �i +. , < . C04 Quz to Co tL0C4 M I N I � bN 51229E �, Cm CNI N 00 I I 56. 65' aa� ^o cc° t g n NORTH UNE OF THE p,O.B. a o "' mg �.• SOUTH 100 OF ,TRACT . 8 N I I n m o -. S$9' 42'26 "E 490 . 65.'(7) to 656 :77 ' (7. )— o S _ . . . . 53037 TO) NEIT42 26 • 656.7iA CnI _ _ _ _ SOUTH LINE OF T8 . o �� 41st STREET IN 60' SUB - LATERAL "A-6" CANAL INDIAN RIVER FARMS CO , PLAT OF LANDS P48. 2, PG. 25, S: L.C.R.Do I ( I STA: 232+55 . 06 . I i OFFSET: 43 .00 R o 0 80 .: - 50 Q W 50' R/W PER STATE OF FLORIDA ( u , I STATE ROAD DEPARTMENT RIGHT-OF-WAY MAP SECTION NO:. 88530,. ROAD NO. 505 i o w I COUNTY ROAD 6.151 66fh AVENUE ( � "' Ln SEE SHEET 2 OF 5 I o' z GAM DELTA CORPORATION I PROJECT WWAW DEPMRUM W)WIN : SCALE Cr1EC1�0 BY 4 PCW PCW I a 80' . . _ . . _ .. . . . . : ARCADI S N �E� D0TE: . DRAYM En S . 03/21/D7 JqF I P", ADDITIONAL R/W! PROJEcr NWmiR DMWiO NUMM I. ARCADIS U ;S . , Inc . 9 2081A aPmxwar Td: �sa+� es?aDDo P:K (581j697-TTs� WP00105310530119 Q _ West Palm 8eadr Florkia X341;1: wwrr artadh-k mm SHEET 4 OF 5 i EXHIBIT SKETCH TO ACCOMPANY DESCRIPTION , THIS IS NOT A SURVEY ! MATCH UNE "B' - SEE SHEET 3 OF 5 30.00 ' ROAD R/W AS DETERMINEDto Bl INDIAN RIVER COUNTY D.B. 48, PG. 23LU F.CO V W I 126.00'4 . o N `" Z I TRACT s, 1RFc ADDITIONAL R/W ' us o s P . B . 2, M . � 2 4 � CL PG. 25 N Q � N Cl �, 4125 66th AVENUE ^ ^ VMO BEACH, FL. , 329...67 � N b � ~ �' ^ � � � I I go cUn PID-32393000001008000003.0 �, �„^ RZ n �i +. , < . C04 Quz to Co tL0C4 M I N I � bN 51229E �, Cm CNI N 00 I I 56. 65' aa� ^o cc° t g n NORTH UNE OF THE p,O.B. a o "' mg �.• SOUTH 100 OF ,TRACT . 8 N I I n m o -. S$9' 42'26 "E 490 . 65.'(7) to 656 :77 ' (7. )— o S _ . . . . 53037 TO) NEIT42 26 • 656.7iA CnI _ _ _ _ SOUTH LINE OF T8 . o �� 41st STREET IN 60' SUB - LATERAL "A-6" CANAL INDIAN RIVER FARMS CO , PLAT OF LANDS P48. 2, PG. 25, S: L.C.R.Do I ( I STA: 232+55 . 06 . I i OFFSET: 43 .00 R o 0 80 .: - 50 Q W 50' R/W PER STATE OF FLORIDA ( u , I STATE ROAD DEPARTMENT RIGHT-OF-WAY MAP SECTION NO:. 88530,. ROAD NO. 505 i o w I COUNTY ROAD 6.151 66fh AVENUE ( � "' Ln SEE SHEET 2 OF 5 I o' z GAM DELTA CORPORATION I PROJECT WWAW DEPMRUM W)WIN : SCALE Cr1EC1�0 BY 4 PCW PCW I a 80' . . _ . . _ .. . . . . : ARCADI S N �E� D0TE: . DRAYM En S . 03/21/D7 JqF I P", ADDITIONAL R/W! PROJEcr NWmiR DMWiO NUMM I. ARCADIS U ;S . , Inc . 9 2081A aPmxwar Td: �sa+� es?aDDo P:K (581j697-TTs� WP00105310530119 Q _ West Palm 8eadr Florkia X341;1: wwrr artadh-k mm SHEET 4 OF 5 i i EXHIBIT SKETCH TO ACCOMPANY DESCRIPTION . THIS IS NOT A SURVEYI l I i I I � f o ( TRACT 8, IRFC °�° Co I P . B . 2, PG . 25 ' 4125 66th AVENUE TRACT 8, IRFC 9 , VERO BEACH , FL. , 32967 P. B . 21 PG, 25 0 o I PID -3239300000104$000003 .0 [[ NORTH LINE OF THE 1 Ip E ;L.SOUTH 1'00 ' OF TRACT 8 O Inol o o ; � N O S89 42 26 E 490 .65' T. N070.7' 23"E: . .;. . _ 70.00' . OB 656 . 77 (T. )STA: 222+ 88 . 66. . 530477 ' (T. ) l OFFSET: 676 .77 L N89`42'26 "W 656.77 / SOUTH LINE OF TRACT 8 — — 49sf: STREET e 60 ' SUB— LATERAL "A- 6 " CANAL ! z INDIAN RIVER FARMS CO . PLAT OF LANDS P.B . 29 PG . 25 , S .L.C.R . I v LEGEND : TRACT 9 , IRFC P .O.C. — POINT OF COMMENCEMENT P .B. 2 , PG . 25 P .O.B. — POINT OF BEGINNING P.B. — PLAT BOOK PG. — PAGE i S .LC .R . — ST. LUCIE COUNTY RECORDS T — TOTAL I OWNER: ( ' GAMMA DELTA CORPORATION PROJECT tuorrAM DfP1� T60T tux�cEtt ,..seu� . . CtIECKEO BY eeW PCW I ' v eo• PCiV; ARCADIS _ W/21,07 ! DRAM BY ARCA'DIS U. S . , Inc . ADDITIONAL R/W PROJECT rvuraaB_ DRAMNuuBFR 208, w Fmkaw T4(56t) 697a000Fax l56,IW•rr51 WPOO1053 4053SW19 QL west Palm Beatl,. FW& 33411 SHEET 5 OF 5 ! t i EXHIBIT SKETCH TO ACCOMPANY DESCRIPTION . THIS IS NOT A SURVEYI l I i I I � f o ( TRACT 8, IRFC °�° Co I P . B . 2, PG . 25 ' 4125 66th AVENUE TRACT 8, IRFC 9 , VERO BEACH , FL. , 32967 P. B . 21 PG, 25 0 o I PID -3239300000104$000003 .0 [[ NORTH LINE OF THE 1 Ip E ;L.SOUTH 1'00 ' OF TRACT 8 O Inol o o ; � N O S89 42 26 E 490 .65' T. N070.7' 23"E: . .;. . _ 70.00' . OB 656 . 77 (T. )STA: 222+ 88 . 66. . 530477 ' (T. ) l OFFSET: 676 .77 L N89`42'26 "W 656.77 / SOUTH LINE OF TRACT 8 — — 49sf: STREET e 60 ' SUB— LATERAL "A- 6 " CANAL ! z INDIAN RIVER FARMS CO . PLAT OF LANDS P.B . 29 PG . 25 , S .L.C.R . I v LEGEND : TRACT 9 , IRFC P .O.C. — POINT OF COMMENCEMENT P .B. 2 , PG . 25 P .O.B. — POINT OF BEGINNING P.B. — PLAT BOOK PG. — PAGE i S .LC .R . — ST. LUCIE COUNTY RECORDS T — TOTAL I OWNER: ( ' GAMMA DELTA CORPORATION PROJECT tuorrAM DfP1� T60T tux�cEtt ,..seu� . . CtIECKEO BY eeW PCW I ' v eo• PCiV; ARCADIS _ W/21,07 ! DRAM BY ARCA'DIS U. S . , Inc . ADDITIONAL R/W PROJECT rvuraaB_ DRAMNuuBFR 208, w Fmkaw T4(56t) 697a000Fax l56,IW•rr51 WPOO1053 4053SW19 QL west Palm Beatl,. FW& 33411 SHEET 5 OF 5 ! t EXHIBIT 11 41ST STREET EAST 9.06 ACRES OF THE a J PARCEL 302 TEST 18.06 ACRES OF EAST 20 ACRES OF Q LL LL WEST 9 ACRES OF TRACT 8, SECTION 300 TOWNSHIP 32 TRACT e, SECTION 30, SOUTH, RANGE 39 EAST NORTH Xs OF T 8. I W Z r TOWNSHIP 32 SOUTH, GAMMA DELTA CORP SECTION 30, = Q RANGE 39 EAST 32393000001008000002.0 TOWN RAANCEP 39 E32 AST 2 V h a ORB 1681 , PG 1235 1 W LL ... _ 300.00'± , & wz > Q cr AS c�1 S Q PROPOSED RIGHT OF WAY UNE — — - ( � Q J U fix = Q :. MLL PARCEL 302 0tFi Y ti g cs 21,000 50. FT. 70' c w o w Q U co 0.48 ACRES tool ^ cc Q a a Z - - -- — — — ss6.7rt - 1 o W o NORTHERLY RIGHT OF WAY UNE 300.00'± 41 ST STREET a � w aF- W 1 /4 SECTION UNE TRAg[ i BASIS BEARINGS 9— U N SUB - LATERAL A6 DITCH N894s'1saE CORNIER Wvz SOUTHERLY RIGHT OF WAY UNEP 1 FfAL DESCRIPTION Ld RIGHT IIF' WAY PARCEL -j N THE NORTH 70.00 FEET OF THE SOUTH 100.00 FEET OF THE FOLLOWING DESCRIBED PARCEL AS LEGEND $ RECORDED IN OFFICIAL RECORDS BOOK 1681s PA OF TRACT B. SECTION 30, TOWNSHIP 32 SECTION LINE W E SOUTH, RANGE 399 EAST, ACCORDING TO THE LST GENERAL PLAT OF LANDS OF THE INDIAN RIVER PROPERTY UNE 1 THE EAST 9.06 ACRES OF THE WEST 11106 ACRES FARMS COMPANY AS FILED IN THE OFFICE OF THE CLERK OF THE CIRCUIT COURT OF ST, LUCIE PROPOSED R/W COUNTY, FLORIDA, IN PLAT BOOK 2, PACE 25, SAID LAND NOW 'LYING AND BEING IN INDIAN RIVER LINE S COUNTY, FLORIDA, RIGHT OF WAY ' LINE � — — _. . — CONTAINING 21 .000 SQUARE FEET OR 0.48 ACRES, MORE OR LESS. R/W RIGHT OF WAY 0 fA 12P ORB OFFICIAL RECORDS BOOK � If PG PAGEI � � GRAPHIC SCALE fA' 8 g da "d h tAaf a ggel Aaabr m and atalaA of, 00 pq" CJ 's (haatdad-Awaowa �gs mmMrder aywp,serMaAin . and �tlwt Dib hod SURVEYORS NOTES staxwft "t daoaoftn and WtOmh a � "" t"�` t 1hrd, ey fti. FbRb t3ea•d Of Ratits+amltaa . b dopr�w g Wa?-A fbkb Adnh�.. COAL p� to SWUM 472,W7 ! 6 1 ) THIS IS A SKETCH OF LEGAL DESC FZIPT1ON ONLY, NOT A BOUNDARY RETRACEMENT SURVEY. F)WW& Stakrf= And tmt &* cimdloIt a bw and cccnoh 2) THE BEARING BASE FOR THIS SURVEY, IS THE SOUTH UNE OF THE NORTH A OF SECTION 30. S too po aw ���ewwom � � a $ � SAID LINE BEARS NORTH 8945015' EAST, 3) THE SCALE OF THIS DRAWING MAY HAVE BEEN DISTORTED DURING REPRODUCTION pitOCESSES. EG QFleR7L PSfn 91 u A7D 4) RIGHT OF WAY LINES AS SHOWN HEREON ARE BASED UPON THE INDIAN RIVER FARMS DAM - - ' COMPANY SUBDIVISION AS RECORDED IN PLAT BOOK 2, PAGE 25. error ►oto w7mff rw smwmw AM/ AE CROWL "So SCK tr me FLOWA t UMM SIWWXW AW MAFM AOMC P=WwVmd Al Udaa OM It W twit AW MMM VAN mew\1 a.odar %.b EXHIBIT 11 41ST STREET EAST 9.06 ACRES OF THE a J PARCEL 302 TEST 18.06 ACRES OF EAST 20 ACRES OF Q LL LL WEST 9 ACRES OF TRACT 8, SECTION 300 TOWNSHIP 32 TRACT e, SECTION 30, SOUTH, RANGE 39 EAST NORTH Xs OF T 8. I W Z r TOWNSHIP 32 SOUTH, GAMMA DELTA CORP SECTION 30, = Q RANGE 39 EAST 32393000001008000002.0 TOWN RAANCEP 39 E32 AST 2 V h a ORB 1681 , PG 1235 1 W LL ... _ 300.00'± , & wz > Q cr AS c�1 S Q PROPOSED RIGHT OF WAY UNE — — - ( � Q J U fix = Q :. MLL PARCEL 302 0tFi Y ti g cs 21,000 50. FT. 70' c w o w Q U co 0.48 ACRES tool ^ cc Q a a Z - - -- — — — ss6.7rt - 1 o W o NORTHERLY RIGHT OF WAY UNE 300.00'± 41 ST STREET a � w aF- W 1 /4 SECTION UNE TRAg[ i BASIS BEARINGS 9— U N SUB - LATERAL A6 DITCH N894s'1saE CORNIER Wvz SOUTHERLY RIGHT OF WAY UNEP 1 FfAL DESCRIPTION Ld RIGHT IIF' WAY PARCEL -j N THE NORTH 70.00 FEET OF THE SOUTH 100.00 FEET OF THE FOLLOWING DESCRIBED PARCEL AS LEGEND $ RECORDED IN OFFICIAL RECORDS BOOK 1681s PA OF TRACT B. SECTION 30, TOWNSHIP 32 SECTION LINE W E SOUTH, RANGE 399 EAST, ACCORDING TO THE LST GENERAL PLAT OF LANDS OF THE INDIAN RIVER PROPERTY UNE 1 THE EAST 9.06 ACRES OF THE WEST 11106 ACRES FARMS COMPANY AS FILED IN THE OFFICE OF THE CLERK OF THE CIRCUIT COURT OF ST, LUCIE PROPOSED R/W COUNTY, FLORIDA, IN PLAT BOOK 2, PACE 25, SAID LAND NOW 'LYING AND BEING IN INDIAN RIVER LINE S COUNTY, FLORIDA, RIGHT OF WAY ' LINE � — — _. . — CONTAINING 21 .000 SQUARE FEET OR 0.48 ACRES, MORE OR LESS. R/W RIGHT OF WAY 0 fA 12P ORB OFFICIAL RECORDS BOOK � If PG PAGEI � � GRAPHIC SCALE fA' 8 g da "d h tAaf a ggel Aaabr m and atalaA of, 00 pq" CJ 's (haatdad-Awaowa �gs mmMrder aywp,serMaAin . and �tlwt Dib hod SURVEYORS NOTES staxwft "t daoaoftn and WtOmh a � "" t"�` t 1hrd, ey fti. FbRb t3ea•d Of Ratits+amltaa . b dopr�w g Wa?-A fbkb Adnh�.. COAL p� to SWUM 472,W7 ! 6 1 ) THIS IS A SKETCH OF LEGAL DESC FZIPT1ON ONLY, NOT A BOUNDARY RETRACEMENT SURVEY. F)WW& Stakrf= And tmt &* cimdloIt a bw and cccnoh 2) THE BEARING BASE FOR THIS SURVEY, IS THE SOUTH UNE OF THE NORTH A OF SECTION 30. S too po aw ���ewwom � � a $ � SAID LINE BEARS NORTH 8945015' EAST, 3) THE SCALE OF THIS DRAWING MAY HAVE BEEN DISTORTED DURING REPRODUCTION pitOCESSES. EG QFleR7L PSfn 91 u A7D 4) RIGHT OF WAY LINES AS SHOWN HEREON ARE BASED UPON THE INDIAN RIVER FARMS DAM - - ' COMPANY SUBDIVISION AS RECORDED IN PLAT BOOK 2, PAGE 25. error ►oto w7mff rw smwmw AM/ AE CROWL "So SCK tr me FLOWA t UMM SIWWXW AW MAFM AOMC P=WwVmd Al Udaa OM It W twit AW MMM VAN mew\1 a.odar %.b EXHIBIT f 41ST STREET EAST XZ OF THE WEST 9 ACRES OF EAST 9.06 ACRES OF THE PARCEL 303 EAST 10 ACRES OF TRACT 8. SECTION 30. WEST 18.06 ACRES OF� ui GAMMA DELTA CORP I O TRACT 7. SECTION 30, TOWNSHIP 32 SOUTH, TRACT 8. SECTION 30, Q TOWNSHIP 32 SOUTH, z n Z ao RANGE 39 EAST TOWNSHIP 32 SOUTH. W Z r RANGE 39 EAST RANGE 39 EAST F c0 F cZ d N a En a 32393000001008000001 .0 Z Vo, w ORB 1877. PG 1190 ► W LV t LL 290:00'3 Z > Q w �i A O PROPOSED RIGHT — =PROPOSED RIGHT -j b a U OF WAY UNE OF WAY LINE # = Q � C M O o PARCEL 303 b ' �' w F F J c 70' 20.300 'SO. FT. o W3 o m W O U 0.47 ACRES Z ��J y} n 100 � ~ aQZ 956a703 a OO 'F— o 29O.00ft NORTHERLY RIGHT OF WAY "LINE J — W U 41ST STREET a � �w TRACT UNE BASIS OF BEARINGS 1 4 SECTION UNE � U p > NEW4VI5'E per{ x to y SUB - LATERAL A6 DITCH CORNER z _ SOUTHERLY RIGHT OF WAY UNE — — —�v SECTION 29 30 - - — z RIUI' 1T OF 'WAY PARULL J N RECORDED W 70,00 FEET TROF D SOUTH lOD.O PAC�.E 11FTME FOLLOYIANG DESCRIBED PARCEL AS E THE WEST 9 ACRES OF TRACT S. IN SECTION 30. TOWNSHIP 32 SOUTH . RANGE 39 EAST. SECTION UNE ` W E ACCORDING TO THE LAST GENERAL PLAT ' OF LANDS OF INDIAN RIVER I?ARMS COMPANY, FILED IN PROPERTY LINE 3 THE OFFICE OF THE CLERK OF THE CIRCUIT COURT OF ST. LUCIE COUNTY, FLORIDA9 IN PLAT BOOK PROPOSED R/W ' g .g 2. PAGE 25; SAID LAND NOW LYING AND BEING IN INDIAN RIVER COUNTY. FLORIDA. _ UNE CONTAINING 20,300 SQUARE FEET OR 0. 47 ACRES, MORE OR LESS RIGHT OF WAY UNE R/W RIGHT OF WAY � 2 ORB OFFICIAL RECORDS BOOK 0.. w 120 PG PAGE GRAPHIC SCALE 69 �. Rds estWo Md a bed dzxrWks and abG P of tW p#Wo tl �f & q r 9 sd J s ® am&* aads my dPadato and &W tab AM& d wrOdw aid aas p to tta mbta 0r ' etsfbms mr �. SURVEYORS NOTELawn a�srr-a RwW A*Adv Cm% n asmt ro s�ua< .nazO 1 ) THIS IS A SKETCHOF LEGAL DESCRIPTION ONLY, NOT A BOUNDARY RETRACEMENT SURVEY. Fiw&b Stahtea Avd Met 6!b d•vs&V b a bw aad am raft � 2) THE BEARING BASE FOR THIS SURVEY, IS THE SOUTH UNE OF THE NORTH A2 OF SECTION 30. ea.eot to ftr . bet d ay b eye aadrt SAID LINE BEARS NORTH 8904515' EAST. siekr a mtm ans aotvtkva �rro.v t anv 3) THE SCALE OF THIS ORAWMG MAY HAVE BEEN DISTORTED DURING REPRODUCTION m PROCESSES. ca trot pstt rim W794) RIGHT OF WAY LINES AS SHOWN HEREON ARE BASED UPON THE MAN RIVER FARMS °A COMPANY SUBDIVISION AS RECORDED IN PLAT BOOK 2, PAGE 25. war V" wnaour 1w Saw"f MID DE ONO Wtt- MSW SEKar VE twee" U== 2MCM AM MPP "� OM*n.vn+ Aa WdOO 099 z1 mt m"n ewtoe Mmd w wk sa\WJdd o mw w ct4mmr w\a � aroma EXHIBIT f 41ST STREET EAST XZ OF THE WEST 9 ACRES OF EAST 9.06 ACRES OF THE PARCEL 303 EAST 10 ACRES OF TRACT 8. SECTION 30. WEST 18.06 ACRES OF� ui GAMMA DELTA CORP I O TRACT 7. SECTION 30, TOWNSHIP 32 SOUTH, TRACT 8. SECTION 30, Q TOWNSHIP 32 SOUTH, z n Z ao RANGE 39 EAST TOWNSHIP 32 SOUTH. W Z r RANGE 39 EAST RANGE 39 EAST F c0 F cZ d N a En a 32393000001008000001 .0 Z Vo, w ORB 1877. PG 1190 ► W LV t LL 290:00'3 Z > Q w �i A O PROPOSED RIGHT — =PROPOSED RIGHT -j b a U OF WAY UNE OF WAY LINE # = Q � C M O o PARCEL 303 b ' �' w F F J c 70' 20.300 'SO. FT. o W3 o m W O U 0.47 ACRES Z ��J y} n 100 � ~ aQZ 956a703 a OO 'F— o 29O.00ft NORTHERLY RIGHT OF WAY "LINE J — W U 41ST STREET a � �w TRACT UNE BASIS OF BEARINGS 1 4 SECTION UNE � U p > NEW4VI5'E per{ x to y SUB - LATERAL A6 DITCH CORNER z _ SOUTHERLY RIGHT OF WAY UNE — — —�v SECTION 29 30 - - — z RIUI' 1T OF 'WAY PARULL J N RECORDED W 70,00 FEET TROF D SOUTH lOD.O PAC�.E 11FTME FOLLOYIANG DESCRIBED PARCEL AS E THE WEST 9 ACRES OF TRACT S. IN SECTION 30. TOWNSHIP 32 SOUTH . RANGE 39 EAST. SECTION UNE ` W E ACCORDING TO THE LAST GENERAL PLAT ' OF LANDS OF INDIAN RIVER I?ARMS COMPANY, FILED IN PROPERTY LINE 3 THE OFFICE OF THE CLERK OF THE CIRCUIT COURT OF ST. LUCIE COUNTY, FLORIDA9 IN PLAT BOOK PROPOSED R/W ' g .g 2. PAGE 25; SAID LAND NOW LYING AND BEING IN INDIAN RIVER COUNTY. FLORIDA. _ UNE CONTAINING 20,300 SQUARE FEET OR 0. 47 ACRES, MORE OR LESS RIGHT OF WAY UNE R/W RIGHT OF WAY � 2 ORB OFFICIAL RECORDS BOOK 0.. w 120 PG PAGE GRAPHIC SCALE 69 �. Rds estWo Md a bed dzxrWks and abG P of tW p#Wo tl �f & q r 9 sd J s ® am&* aads my dPadato and &W tab AM& d wrOdw aid aas p to tta mbta 0r ' etsfbms mr �. SURVEYORS NOTELawn a�srr-a RwW A*Adv Cm% n asmt ro s�ua< .nazO 1 ) THIS IS A SKETCHOF LEGAL DESCRIPTION ONLY, NOT A BOUNDARY RETRACEMENT SURVEY. Fiw&b Stahtea Avd Met 6!b d•vs&V b a bw aad am raft � 2) THE BEARING BASE FOR THIS SURVEY, IS THE SOUTH UNE OF THE NORTH A2 OF SECTION 30. ea.eot to ftr . bet d ay b eye aadrt SAID LINE BEARS NORTH 8904515' EAST. siekr a mtm ans aotvtkva �rro.v t anv 3) THE SCALE OF THIS ORAWMG MAY HAVE BEEN DISTORTED DURING REPRODUCTION m PROCESSES. ca trot pstt rim W794) RIGHT OF WAY LINES AS SHOWN HEREON ARE BASED UPON THE MAN RIVER FARMS °A COMPANY SUBDIVISION AS RECORDED IN PLAT BOOK 2, PAGE 25. war V" wnaour 1w Saw"f MID DE ONO Wtt- MSW SEKar VE twee" U== 2MCM AM MPP "� OM*n.vn+ Aa WdOO 099 z1 mt m"n ewtoe Mmd w wk sa\WJdd o mw w ct4mmr w\a � aroma EXHIBIT i SKETCH AND DESCRIPTION PROPOSED DRAINAGE EASEMENT I I LEGAL DESCRIPTION .OF DRAINAGE EASEMENT: � THE SOUTH 373. 00 FEET OF THE NORTH 1256.00 FEET OF THE WEST 311..00 "FEET :or THE EAST 517. 00 FEET .OF SECTION . rd; TdWJNSHf,P .52 SOUTH,; :RANGE 39 EAST; fNDIAN RIVER COUNTY, PLORIDA. SAID EASEMENT 'CONTAINING. 116,,00 SQUARE FEET. OR UO ACRES MORE OR LESS'. t i I I � GEt4ER'AL .NOTES : � T'., UNLESS ' IT BEARS THE SIGNATURE AND. THE ORIGINAL RAISED $SAL OF A FLORIDA LICENSED SURVEYOR' AND MAPPER THIS DRAWING, SKETCH, PLAT I OR MAP .IS FOR INFORMATIONAL PURPOSES ONLY AND IS NOT VALID. 2, LANDS SHOWN HEREON WERE NOT ABSTRACTED OR; RESEARCHED BY THIS OFFICE FOR RIGHTS�OF=WAY, :EASEMENTS OF RECORD, RESERVATIONS, I1 OWNERSHIP, ABANDON.MEN'TS, DEED RESTRICTIONS, ZONING REGULA1ION5 00 ! SETBACK LINES, LAND USE PLAN .DESIGNATION, ADJOINING DEEDS OR. MURPHY ACT DEEOS: THIS .SURVEY IS NOT INTENDED T.O DELINEATE WETLANDS', LOCAL AREAS OF CONCERN OR ANY OTI•IER JURISDICTIONAL I DETERMINATION . 3. THIS DESCRIPTION AND SKETCH CONSISTS OF 2 SHEETS AND ONE IS NOT VALID WITHOUT THE OTHER . 4. THIS EXHIBIT DOES NOT INTE40 76. REFLECT OR DETERMINE OWNERSHIP, 5. THIS ,IS NOT A , BOUND'ARY SURVEY. THIS I$ A SKETCH OF LEGAL DESCAIPTION ONLY. i 6 . BEARING DATUM IS BASED UPON THE NORTH AMERICAN VA.TOM OF 1983, ADJUSTMENT OF 1099. ( NAD83/9' ) ; ANO P'RO, ECTED IN THE FLORIDA .ST.ATE .PLANE COORDINATE SYSTEM '(FLORIDA EAST' ZONE, 0901) . BEARING BASIS THE EAST UNE OF SECTION 30, TOWNSHIP '32 SOUTH , RANGE 39 EAST, i BEARS SOUTH 007,07#17 WEST. 1 7, DISTANCE ARE DISPLAYED IN U,S. :SUURVEY FEET AND DECIMAL PARTS THEREOF. 1{ i i CERTIFIED TO: GAMMA. DELTA GORP ExI ILBIT ANei F ANK S. C _CUR ES5 LI.- lPl. ..., . N 'CUTE i CARTER ,ASSOCIATES INC . CARTER ASS' :Trans. I IONSULTING ENGINEERS AND LAND SURVEYORS PRor. ## `a64Y I 170"8 21ST :STREET 772562-4.191 TELA D$AVING 189 $4 -A VERO BEACH,. FLORIDA, 32966-3472 772 - 562 - 7180 FAX) Wk: 7•:/1'4/10 S1iF&1' 1 OF 2 I I EXHIBIT i SKETCH AND DESCRIPTION PROPOSED DRAINAGE EASEMENT I I LEGAL DESCRIPTION .OF DRAINAGE EASEMENT: � THE SOUTH 373. 00 FEET OF THE NORTH 1256.00 FEET OF THE WEST 311..00 "FEET :or THE EAST 517. 00 FEET .OF SECTION . rd; TdWJNSHf,P .52 SOUTH,; :RANGE 39 EAST; fNDIAN RIVER COUNTY, PLORIDA. SAID EASEMENT 'CONTAINING. 116,,00 SQUARE FEET. OR UO ACRES MORE OR LESS'. t i I I � GEt4ER'AL .NOTES : � T'., UNLESS ' IT BEARS THE SIGNATURE AND. THE ORIGINAL RAISED $SAL OF A FLORIDA LICENSED SURVEYOR' AND MAPPER THIS DRAWING, SKETCH, PLAT I OR MAP .IS FOR INFORMATIONAL PURPOSES ONLY AND IS NOT VALID. 2, LANDS SHOWN HEREON WERE NOT ABSTRACTED OR; RESEARCHED BY THIS OFFICE FOR RIGHTS�OF=WAY, :EASEMENTS OF RECORD, RESERVATIONS, I1 OWNERSHIP, ABANDON.MEN'TS, DEED RESTRICTIONS, ZONING REGULA1ION5 00 ! SETBACK LINES, LAND USE PLAN .DESIGNATION, ADJOINING DEEDS OR. MURPHY ACT DEEOS: THIS .SURVEY IS NOT INTENDED T.O DELINEATE WETLANDS', LOCAL AREAS OF CONCERN OR ANY OTI•IER JURISDICTIONAL I DETERMINATION . 3. THIS DESCRIPTION AND SKETCH CONSISTS OF 2 SHEETS AND ONE IS NOT VALID WITHOUT THE OTHER . 4. THIS EXHIBIT DOES NOT INTE40 76. REFLECT OR DETERMINE OWNERSHIP, 5. THIS ,IS NOT A , BOUND'ARY SURVEY. THIS I$ A SKETCH OF LEGAL DESCAIPTION ONLY. i 6 . BEARING DATUM IS BASED UPON THE NORTH AMERICAN VA.TOM OF 1983, ADJUSTMENT OF 1099. ( NAD83/9' ) ; ANO P'RO, ECTED IN THE FLORIDA .ST.ATE .PLANE COORDINATE SYSTEM '(FLORIDA EAST' ZONE, 0901) . BEARING BASIS THE EAST UNE OF SECTION 30, TOWNSHIP '32 SOUTH , RANGE 39 EAST, i BEARS SOUTH 007,07#17 WEST. 1 7, DISTANCE ARE DISPLAYED IN U,S. :SUURVEY FEET AND DECIMAL PARTS THEREOF. 1{ i i CERTIFIED TO: GAMMA. DELTA GORP ExI ILBIT ANei F ANK S. C _CUR ES5 LI.- lPl. ..., . N 'CUTE i CARTER ,ASSOCIATES INC . CARTER ASS' :Trans. I IONSULTING ENGINEERS AND LAND SURVEYORS PRor. ## `a64Y I 170"8 21ST :STREET 772562-4.191 TELA D$AVING 189 $4 -A VERO BEACH,. FLORIDA, 32966-3472 772 - 562 - 7180 FAX) Wk: 7•:/1'4/10 S1iF&1' 1 OF 2 I I EXHIBIT i S-KETC AND DESCRI:PTI.ON PROPOSED DRAINAGE EASEMENT I' i LEGAL rgEKRIPP"" .OF DRAINAGE EASEMENT: THE SOUT14 373.00 'FEET OF THE NORTH 1236. 00 FEET OF THE, WEST 31t.00 FEET Or THE EAST 517.00 FEET .OF SECTON , s30; TOWNSH(P .32 SOUTH; ONOE 39 EAST; INDIAN RIVER. COUNTY, FLORIDA. i SAID EASEMENT CONTAINING 116„003 SQUARE FEET OR 241 ACRES MORE OR LESS: i 1 -GENERAL NOTES : 1. .. UNLESS IT BEARS THE SIGNATURE AND. THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR' AND MAPPER THIS DRAWING, SKETCH, PLAT OR MAP IS FOR INFORMATIQNAL PURPOSES ONLY %IND IS NOT VALID . 21 LANDS SHOWN HEREON WERE NOT ABSTRACTED OR, RESEARCHED BY THIS OFFICE FOR RIGHTS-OF=WAY, :EASEMENTS OF RECQRD, RESERVATIONS, OWNERSHjP , ABANDON.MEN'TS, DEED RESTRICTIONS, ZONING REGULATIONS OR I SETBACK LINES, LAND USE PLAN DESIGNATION , ADJOINING DEEDS OR. j MURPHY AGT DEEDS: THIS .SURVEY IS NOT INTENDED To DELINEATE WETLANDS,. LOCAL AREAS OF CONCERN :OR ANY OTHER JURISDICTIONAL I DETERMINATION . 3. THIS DESCRIPTION AND SKETCH CONSISTS OF 2 SHEETS AND ONE IS NOT VALID WITHOUT THE OTHER . 4. THIS EXHIBIT DOES NOT INTEND TO. REFLEOT OR DETERMINE O'NNERSHIP. 5. THIS ,IS NOT A . BOUNDARY SURVEY. THIS 1S A SKETCH OF LEGAL = DESCRIPTION ONLY. 6. BEARING DATUM IS BASED UPON 1'HE NORTH AMERICAN U'A.TUM OF 1i 83, ADJUSTMENT OF 099 (NAD83/9J ) ; AND PROJECTED : IN THE FlOR10A STATE .PLANE COORDINATE SYSTEM (FLORIDA EAST ZONE, 0901 ),. BEARING BASIS THE EAST LINE OF SECTION 30, TOWNSHIP 32 SOUTH , RANGE 39 EAST, BEAR$ SOUTH 00'07`17”` WE51 7. DISTANCE ARE DISPLAYED IN U.S. SURVEY FEET AND DECIMAL PARTS THEREOF. 11 I I CERTIFIED TO: GAMMA, DELTA C,ORPpR A BIT > ; „ EX�II - 1. R F 'AR AN S. C '. .GURES , C17 Sf . :�g ,� A tJ}Z 'D 4TE CARTER ASSOCIATES , INC . FLORIDA. ass' +1 61"rtec`�+Z�r. : rR"L��, —TCONSULTING ENGINEERS AND LAND SURVEYORS PROJ, ## QU4L� 170B 21ST STREET 772 --562- 4:1'91 TEL DRAI'1TJNG 18934 -A VERO BEACH,. FLORIDA, 32966- 3472 772 -1562 =• 7180 111FAXI DATEr 7 /14/10 OREE'I' 1 OF 2 4 ii I EXHIBIT i S-KETC AND DESCRI:PTI.ON PROPOSED DRAINAGE EASEMENT I' i LEGAL rgEKRIPP"" .OF DRAINAGE EASEMENT: THE SOUT14 373.00 'FEET OF THE NORTH 1236. 00 FEET OF THE, WEST 31t.00 FEET Or THE EAST 517.00 FEET .OF SECTON , s30; TOWNSH(P .32 SOUTH; ONOE 39 EAST; INDIAN RIVER. COUNTY, FLORIDA. i SAID EASEMENT CONTAINING 116„003 SQUARE FEET OR 241 ACRES MORE OR LESS: i 1 -GENERAL NOTES : 1. .. UNLESS IT BEARS THE SIGNATURE AND. THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR' AND MAPPER THIS DRAWING, SKETCH, PLAT OR MAP IS FOR INFORMATIQNAL PURPOSES ONLY %IND IS NOT VALID . 21 LANDS SHOWN HEREON WERE NOT ABSTRACTED OR, RESEARCHED BY THIS OFFICE FOR RIGHTS-OF=WAY, :EASEMENTS OF RECQRD, RESERVATIONS, OWNERSHjP , ABANDON.MEN'TS, DEED RESTRICTIONS, ZONING REGULATIONS OR I SETBACK LINES, LAND USE PLAN DESIGNATION , ADJOINING DEEDS OR. j MURPHY AGT DEEDS: THIS .SURVEY IS NOT INTENDED To DELINEATE WETLANDS,. LOCAL AREAS OF CONCERN :OR ANY OTHER JURISDICTIONAL I DETERMINATION . 3. THIS DESCRIPTION AND SKETCH CONSISTS OF 2 SHEETS AND ONE IS NOT VALID WITHOUT THE OTHER . 4. THIS EXHIBIT DOES NOT INTEND TO. REFLEOT OR DETERMINE O'NNERSHIP. 5. THIS ,IS NOT A . BOUNDARY SURVEY. THIS 1S A SKETCH OF LEGAL = DESCRIPTION ONLY. 6. BEARING DATUM IS BASED UPON 1'HE NORTH AMERICAN U'A.TUM OF 1i 83, ADJUSTMENT OF 099 (NAD83/9J ) ; AND PROJECTED : IN THE FlOR10A STATE .PLANE COORDINATE SYSTEM (FLORIDA EAST ZONE, 0901 ),. BEARING BASIS THE EAST LINE OF SECTION 30, TOWNSHIP 32 SOUTH , RANGE 39 EAST, BEAR$ SOUTH 00'07`17”` WE51 7. DISTANCE ARE DISPLAYED IN U.S. SURVEY FEET AND DECIMAL PARTS THEREOF. 11 I I CERTIFIED TO: GAMMA, DELTA C,ORPpR A BIT > ; „ EX�II - 1. R F 'AR AN S. C '. .GURES , C17 Sf . :�g ,� A tJ}Z 'D 4TE CARTER ASSOCIATES , INC . FLORIDA. ass' +1 61"rtec`�+Z�r. : rR"L��, —TCONSULTING ENGINEERS AND LAND SURVEYORS PROJ, ## QU4L� 170B 21ST STREET 772 --562- 4:1'91 TEL DRAI'1TJNG 18934 -A VERO BEACH,. FLORIDA, 32966- 3472 772 -1562 =• 7180 111FAXI DATEr 7 /14/10 OREE'I' 1 OF 2 4 ii I ia .t AGREEMENT TO PURCHASE AND SELL REAL ESTATE � J D�a THIS AGREEMENT TO PURCHASE AND SELL REAL ESTATE ("Agreement" ) is made and entered into as of the 8th day of February , 2011 by and between Indian River County , a political subdivision of the State of Florida 1801 27th Street , Vero Beach , FL 32960 ( " County" ) , and Gamma Delta Corp . 8081 NW 74th Street , Medley , FL 33166 ( " Seller" ) , who agrees as follows : 1 . Agreement to Purchase and Sell and Grant . 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 , five ( 5 ) parcels of real property located along 66th Avenue between 41St and 45th Streets , Indian River County and more specifically described in Exhibit "A" , " B " , " C " , " D " & " E " attached and incorporated by reference herein . Parcel 118 ( Exhibit "A" ) contains 3 . 841 acres , and shall be used as right-of-way for the County ' s 66th Avenue Improvement Project . Parcel 119 ( Exhibit " B " ) contains 4 . 622 acres , and shall be used as right- of-way for the County' s 66th Avenue and 41St Street Improvement Project . Parcel 302 ( Exhibit " C " ) contains 0 . 48 acres , and shall be used as right-of-way for the County ' s 41St Street Improvement Project . Parcel 303 ( Exhibit " D " ) contains 0 . 47 acres , and shall be used as right- of-way for the County ' s 41St Street Improvement Project . Seller further agrees to grant to the County a perpetual , non - exclusive easement for access and drainage over Parcel 406 described in Exhibit " E " attached hereto containing approximately 2 . 66 acres located near the center of the Seller' s 66th Avenue frontage for the County ' s 66th Avenue improvement project . Seller' s remainder parcel is defined as the real property owned by Seller at the northwest quadrant of 41St Street and 66th Avenue , Indian River County less Exhibits "A" , " B " , " C " , " D " & " E " and referred herein as " Remainder Parcel " . Parcels 118 , 1191 302 , 303 and 406 shall collectively be referred to as " Property" . 2 . Purchase Price , Effective Date . The purchase price (the " Purchase Price " ) for the Property shall be SEVEN HUNDRED TWENTY EIGHT THOUSAND ONE HUNDRED THREE DOLLARS AND TWENTY- ONE/ONE - HUNDRETHS ( $ 7287103 . 21 ) . The Purchase Price shall be paid on the Closing Date . The Purchase Price is inclusive of all expert witness fees , costs and attorney' s fees incurred by Seller . The Effective Date of this Agreement shall be the date upon which the County shall have approved the execution of this Agreement , by approval by the Indian River County Board of County Commissioners at a formal meeting of such Board . 3 . Title to Parcels 118 , 119 , 302 and 303 . Seller shall convey marketable title to Parcels 118 , 1197 302 and 303 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 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 Parcels 118 , 119 , 302 and 303 . 3 . 1 County may order an Ownership and Encumbrance Report with respect to Parcels 118 , 119 , 302 and 303 . County shall , within thirty ( 30 ) days from receipt 1