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HomeMy WebLinkAbout2011-131 AGREEMENT TO PURCHASE AND SELL REAL ESTATE BETWEEN ��� INDIAN RIVER COUNTY AND HELEN M . GLENN THIS AGREEMENT TO PURCHASE AND SELL REAL ESTATE ( " Agreement" ) is made and entered into as of the qrh day of 7onC , 2011 , by and between Indian River County , a political subdivision of the State of Florida ( " the County" ) , 1801 27th Street , Vero Beach , FL 32960 , and Helen M , Glenn , 6550 33 `d Street , Vero Beach , FL 32966 ( " Seller" ) , who agree as follows : WHEREAS , the Seller Helen M . Glenn owns property located at 6550 33 'd Street , Vero Beach , Florida , a sketch and legal description of the property is attached to this Agreement as Exhibit " A " and incorporated by reference herein ; and WHEREAS , the County , is scheduled to expand 66 " Avenue in the future and the road expansion will impact and affect Seller' s property ; and WHEREAS , in order for the County to proceed with its road expansion plans , tfie County needs to purchase property to be used as right- of-way from landowners adjacent to 33 ` Street ; and WHEREAS , the County has contacted Seller and has offered to purchase an approximately 0 . 037 acre parcel of property from Seller to be used as right-of-way as depicted on Exhibit "A" ( the Property ) ; and WHEREAS , the County is prepared to take the Property by using its prDwer of eminent domain : and WHEREAS , Seller is represented by George A . Glenn , Esq . ; and WHEREAS , Seller and the County wish to avoid the risk , time and expense of litigation by entering into this agreement for sale and purchase of the Property ; NOW , THEREFORE , in consideration of the mutual terms , conditions , promises , covenants and premises hereinafter , the COUNTY and SELLER agree as follows : 1 . Recitals . The above recitals are affirmed as being true and correct and are incorporbted herein 2 . Agreement to Purchase and Sell . The Seller hereby agrees to sell to the County , and the County hereby agrees to purchase from Seller , upon the terms and conditions set forth in this Agreement , that certain parcel of real property located on the north side of 33 "' Straet east of 66t" Avenue , Vero Beach , Florida and more specifically described as Parcel # 159 in the sketch and legal description attached as Exhibit " A" , containing approximately I 0 . 077 acres , and all improvements thereon , together with all easements , rights and uses now or hereafter belonging thereto ( collectively , the " Property" ) . 2 . 1 Purchase Price Effective Date . The purchase price ( " Purchase Price " ) for the Property shall be $ 10 , 000 ( Ten Thousand Dollars ) . The Purchase Price shall be paid on the Closing Date . The Effective Date of this Agreement shall be the date upon which the County shall have approved the execution of this Agreement , either by approval by the Indian River County Board of County Commissioners at a formal meeting of such Board or by the County Administrator pursuant to his delegated authority . 3 . Title . Seller shall convey marketable title to the Property by warranty deed free of claims , liens , easements and encumbrances of record or known to Seller ; but subject to property taxes for the year of Closing and covenants , restrictions and public utility easements of record provided ( a ) there exists at Closing no violation of any of the foregoing ; and ( b ) none of the foregoing prevents County ' s intended use and development of the Property ( " Permitted Exceptions " ) . 3 . 1 County may order an Ownership and Encumbrance Report or Title Insurance Commitment with respect to the Property . County shall within fifteen ( 15 ) days following the Effective Date of this Agreement deliver written notice to Seller of title defects . Title shall be deemed acceptable to County if ( a ) County fails to deliver notice of defects within the time specified , or ( b ) County delivers notice and Seller cures the defects within thirty ( 30 ) days from receipt of notice from County of title defects ( " Curative Period " ) . Seller shall use best efforts to cure the defects within the Curative Period and if the title defects are not cured within the Curative Period , County shall have thirty ( 30 ) days from the end of the Curative Period to elect , by written notice to Seller , to : ( i ) to terminate this Agreement , whereupon shall be of no further force and effect , or ( ii ) extend the Curative Period for up to an additional 90 days ; or ( iii ) accept title subject to existing defects and proceed to closing . 4 . Representations of the Seller . 4 . 1 Seller' s property is encumbered by a mortgage with Chase Mortgage Company , The Seller shall permit County to contact Chase Mortgage Company and consent to County negotiating a partial release and satisfaction of mortgage on the Property . After the partial release is obtained from Chase Mortgage Company Seller will be indefeasibly seized of marketable , fee simple title to the Property , and is the sole owner of and has good right , title , and authority to convey and transfer the Property which is the subject matter of this Agreement , free and clear of all liens and encumbrances . 4 . 2 From and after the Effective Date of this Agreement , Seller shall take no action which would impair or otherwise affect title to any portion of the Property , and shall record no documents in the Public Records which would affect title to the Property , without the prior written consent of the County . 4 . 3 There are no existing or pending special assessments affecting the Property , which are or may be assessed by any governmental authority , water or sewer authority , school 2 district , drainage district or any other special taxing district . 5 . Default , 5 . 1 In the event the County shall fail to perform any of its obligations hereunder , the Seller shall , at its sole option , be entitled to : ( i ) terminate this Agreement by written notice delivered to the County at or prior to the Closing Date and thereupon neither the Seller nor any other person or party shall have any claim for specific performance , damages , or otherwise against the County ; or ( ii ) waive the County' s default and proceed to Closing . 5 . 2 In the event the Seller shall fail to perform any of its obligations hereunder , the County shall , at its sole option , be entitled to : ( i ) terminate this Agreement by written notice delivered to the Seller at or prior to the Closing Date and thereupon neither the County nor any other person or party shall have any claim for specific performance , damages or otherwise against the Seller ; or ( ii ) obtain specific performance of the terms and conditions hereof ; or ( iii ) waive the Seller' s default and proceed to Closing : 6 , Closing . 6 . 1 The closing of the transaction contemplated herein ( " Closing " and " Closing Date " ) shall take place within 45 days following the execution of the contract by the Chairman of the Board of County Commissioners . With the written consent of the Seller , the County or its agent shall be responsible for obtaining any partial releases or satisfactions of encumbrances on the Property . The closing date shall autornatically be extended by a period of 30 days if the delay in closing is attributable to obtaining partial satisfaction and release of mortgage ( s ) encumbering the Property so long as the County is acting in good faith with the holder of the encumbrance to partially release or satisfy the encumbrance . The parties agree that the Closing shall be as follows : ( a ) The Seller shall execute and deliver to the County a warranty deed conveying marketable title to the Property , free and clear of all liens and encumbrances and in the condition required by paragraph 3 . ( b e er Veli Pr and Sell he sUe ( c ) 1104. er is obli ate dis PFIOP tQ to o urc ( d ) If the Seller is a non - resident alien or foreign entity , Seller shall deliver to the County an affidavit , in a form acceptable to the County , certifying that the Seller and any interest holders are not subject to tax under the Foreign Investment and Real Property Tax Act of 1980 . ( e ) The Seller and the County shall each deliver to the other such other documents or instruments as may reasonably be required to close this transaction . 3 6 . 2 Taxes . All taxes and special assessments which are a lien upon the property on or prior to the Closing Date ( except current taxes which are not yet due and payable ) shall be paid by the Se+4er . ' Q Ky-►- vi, �,IL4 7 . Closing Costs ; Expenses . County shall be responsible for preparation of all Closing documents . 7 . 1 County shall pay t#a-fQHnwOnU ex enses . I sing : 7 . 1 . 1 The cost of recording the warranty deed and any release , partial release or satisfaction obtained by Seller pursuant to this Agreement . 7 . 1 . 2 Documentary Stamps required to be affixed to the warranty deed . 7 . 1 . 3 All costs and premiums for the owner' s marketability title insurance commitment and policy , if any . 7 'J r ��- ✓L ' V4 All costs necessary to cure title defect( s ) or encumbrances , other than the Permitted Exceptions , and to satisfy or release of record all existing mortgages , liens or encumbrances upon the Property . s %A- vv-k)� 4. 1 W�.%.S- VA \rJLLA'*' ` X, 8 . Miscellaneous . 8 . 1 Controlling Law . This Agreement shall be construed and enforced in accordance with the laws of the State of Florida . Venue shall be in Indian River County for all state court matters , and in the Southern District of Florida for all federal court matters . 8 . 2 Entire Agreement . This Agreement constitutes the entire agreement between the parties with respect to this transaction and supersedes all prior agreements , written or oral , between the Seller and the County relating to the subject matter hereof . Any modification or amendment to this Agreement shall be effective only if in writing and executed by each of the parties . 8 . 3 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 . 8 . 4 Notices . Any notice shall be deemed duly served if personally served or if mailed by certified mail , return receipt requested , or if sent via " overnight" courier service or facsimile transmission , as follows : 4 If to Seller : If to County : Helen M . Glenn Indian River County P . O . Box 1047 1801 27th Street Vero Beach , FL 32961 - 1047 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 . 8 . 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 . 86 Attorney ' s Fees and Costs . In any claim or controversy arising out of or relating to this Agreement , each party shall bear its own attorney ' s fees , costs , and expenses . 8 . 7 Counterparts . This Agreement may be executed in two or more counterparts , each one of ^which shall constitute an original . 8 . 8 County Approval Required : This Agreement is subject to approval by the Indian River County as set forth in paragraph 2 . 8 . 9 Beneficial Interest Disclosure : In the event Seller is a partnership , limited partnership , corporation , trust , or any form of representative capacity whatsoever for others , Seller shall provide a fully completed , executed , and sworn beneficial interest disclosure statement in the form attached to this Agreement as an exhibit that complies with all of the provisions of Florida Statutes Section 286 . 23 prior to approval of this Agreement by the County . However , pursuant to Florida Statutes Section 286 . 23 ( 3 ) ( a ) , the beneficial interest in any entity registered with the Federal Securities and Exchange Commission , or registered pursuant to Chapter 517 , Florida Statutes , whose interest is for sale to the general public , is exempt from disclosure ; and where the Seller is a non - public entity , that Seller is not required to disclose persons or entities holding less than five ( 5 % ) percent of the beneficial interest in Seller . 8 . 10 Fees and Costs : The purchase price of $ 10 , 000 is inclusive of all costs and attorneys fees . 8 . 11 " Seller acknowledges receipt of the " Notice to Owner" and understands his/ her rights granted under Florida Law Chapters 73 and 74 . _ &` tt` t k Initi� . 9 . Additional Responsibilities of the County . 5 9 . 1 Seller shall be entitled to a zoning confirmation letter from the Planning Director stating the remaining parcel shall not be deemed non - conforming as a result of the County purchasing of the 33 ' Street right- of-way . 9 . 2 Any water meters that need to be relocated as a result of the construction shall be done so at the County ' s expense . 9 . 3 The County or its Contractor shall replace the existing driveway with a similar size and type drive with a culvert underneath . 9 . 4 If construction plans call for construction activities under the dripline of any tree on Seller , s property , The County or its Contractor shall hand dig and make clear cuts to any tree roots during the construction so as to keep damage to the trees to a minimurn . 9 . 5 The County shall meet with the City of Vero Beach Utilities to coordinate placement of relocated power lines and poles to the County right-of-way and not on the Seller ' s property . 9 . 6 The attached road plans from station 412 + 20 to station 413 + 00 are attached and incorporated herein as composite " Exhibit B " . 9 . 7 This Purchase Agreement shall be contingent upon the approval and closing of all three properties individually owned by the Stephen and Frances Sherwood , Sharon and George Glenn and Helen Glenn . IN WITNESS WHEREOF , the undersigned have executed this Agreement as of the date first set forth above . INDIAN RIVER COUNTY , FLORIDA SELLER : BOARD OF COUNTY COMMISSIONERS Chairrari Helen M . Glenn Date BWSolari ,, r - .{ TAr,� v, d by t� CC _ 111 ;effre;y- K . a on ; - Cie k f it it Court 1 Deputy erk tve d , County Administrator It gal Sufficiency : William K . DeBraal , Deputy County Attorney 6 SKETCH TO ACCOMPANY DESCRIPTION . EXI I H T THIS IS NOT A SURVEY ! LOCATION MAP : NOT TO SCALE zs oL ,1411 S S . Giffor Rd . �B30 � Im29 j 28Barberip kL Ave . HELEN M . GLENN Site Cherry -c Lone s 33 � 5 c P36 31 32 of Walker 5D5 Ave . to WR = 11 Mir MALLS a 60 _ LEGAL DESCRIPTION : PARCEL 159 A PARCEL OF LAND BEING THE NORTH 20 . 00 FEET OF THE SOUTH 80 . 00 FEET OF THAT PARCEL OF LAND DESCRIBED IN OFFICIAL RECORDS BOOK 685 , PAGE 2932 OF THE PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA, LYING WITHIN TRACT 5 , INDIAN RIVER FARMS COMPANY PLAT OF LANDS , ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 2 , PAGE 25 , PUBLIC RECORDS , SAINT LUCIE COUNTY , FLORIDA, ALL SAID LANDS LYING WITHIN SECTION 32 , TOWNSHIP 32 SOUTH , RANGE 39 EAST, INDIAN RIVER COUNTY, FLORIDA. CONTAINING 0 . 077 ACRES , MORE OR LESS . CERTIFICATION : 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 FLORIDA BOARD OF PROFESSIONAL SURVEYORS & MAPPERS , PURSUANT TO SECTION 472. 0270 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 . NOTE: THIS IS NOT A SKETCH OF SURVEY, BUT ONLY A GRAPHIC DEPICTION OF THE DESCRIPTION SHOWN HEREON . THERE HAS BEEN NO FIELD WORK , VIEWING OF THE SUBJECT PROPERTY, OR MONUMENTS SET IN CONNECTION PERRY C. WHITE WITH THE PREPARATION OF THE INFORMATION SHOWN PROFESSIONAL LAND SURVEYOR AND MAPPER HEREON . NOTE: LANDS SHOWN HEREON WERE NOT LICENSE NO. 4213, STATE OF FLORIDA ABSTRACTED FOR RESTRICTIONS, RIGHTS -OF- WAY AND DATE: 9/4/07 REVISED 9/ 14/07 BEJ EASEMENTS OF RECORD . PROUECT MANAGER T DEPARTMENT MANAGER SCALE: CHECKED BY PCW PCW I " = 80' PCW DATE: DRAW ! EY ARCADIS N SHEET TITLE / m 04 02/07 BE n ADDITIONAL R/W PROJECT NUMBER DRAWING NUMBER ARCADIS U . S . , INC . Tel; (561) 697.1G00 Fax: (561 ) 697.7761 m vIml 0001053 1053SD159 2081 Ylsla Parkway SHEET 1 OF 2 West Palm Beach, Florida 33411 xwv.a cadiws.com SKETCH TO ACCOMPANY DESCRIPTION . THIS IS NOT A SURVEY ! LEGEND : Q - BASELINE00 C - CALCULATED it IRFC - INDIAN RIVER FARMS COMPANY L - LEFT O. R. 8 . - OFFICIAL RECORDS BOOK w P. B. - PLAT BOOK ' 7lj PG. - PAGEr 1 I R - RIGHT R/W - RIGHT- OF -WAY t r l r STA. - STATION t 1 S . L.C . R . - ST. LUCIE COUNTY RECORDS 1 I TRACT 5 P . B . 2 PG . 25 , o ,,, Z ; I S . L, C . R . w Q i r 1 1 F- Y COI 3 ! 1 1 1 A PORTION OF TRACT 5 "' i OAK CHASE SUBDIVISION - PHASE I P . B . 2, PG. 25 , S . L.C . R . i P , B. 15 , PG. 77 i _ LijZ I ADDRESS: 6520 33RD STREET , 1 1 , I VERO BEACH , FL. , 32966 '- X PID - 32393200001005000002 . 0 - - - - - LLJ O . R . B . 685 , PG . 2932 V' t 15 ' UTILITY AND I 566406 DRAINAGE DRAINAGE EASEMENT i STA: 412 + 17 . 55 i P . B . 15 , PG . 77 r o OFFSET: 40 . 64 L 4 `n - - - - r7 1 i 11 i � a ca ° STA: 412 + 97 . 22 Z 59 i i OFFSET : 42 . 36 Li I Ii IN I X O1 15 $ bi SW25' 12'W LIJJ of 20 .00- - i 1 o S00' 2512"W S$9' S6 VE0 ' ( - - 20.0079 . 69 ' -" "— `• TRACT "A" 157 20' A00(t10NAL R/W N89'5626 STA: 412 + 91 , 53 - - - 1 79.69 OFFSET : 22 . 36 L --- 410 + 00 411 + 00 414 + 00 415 + 00 } � STA: 412 + 17 . 85 412 + 0 M 413+00 33RD STREET (CHERRYLANE, OFFSET: 20 . 64_L - - ---- - - - - 30 ' EXISTING R/W - SOUTH LINE OF TRACT 5 M � O . R .B . 960 , PG . 2157 _ 30 ' EXISTING R/W 60 ' SUB - LATERAL 'I CANAL SOUTH LINE O . R . B . 992 , PG , 707 INDIAN RIVER FARMS CO . PLAT OF LANDS OF N . W . ONE - QUARTER OWNE P . B . 2 . PG , 25 , S . L .C . R . OF SECTION 32 - 32 - 39 � S89' 56 ' 26 " E (BEARING BASE) HELEN M . GLENN PROJECT MANAGER PCW TMENT MANAGER SCALE: CHECKED BY PCW I ' = 80' PCW ARC. ADIS N SHEET TITLEI'm GATE' DRAWN BY 0 04/02/07 8EJ ~ ADOlTIONAL R/W PROJECT NUMBER DRAWING NUMBER m ARCADIS U . S . , INC . Tel: (501) 8977000 Fax: (561) 697-7751 mi WP001053 I SDI 2081 Vista Parkway w,m arcadisus �m SHEET 2 OF 2 0 West Palm Beach, fla da 33411 t L ; . I STr#KTURAL PUNS) FRANK DANFORTH RICtIAROSON rT I iLRG STEVEN li .A . 906g)Z09 FR ANCES G . SFIE,4Vs001)sc J2-32=J9yuLt7NST. TUil INDEX Sly REMOVE )c tEt. S. COf5T" TORA0JT M r 5d %E%. FENCE 10 BE REMOVEDy., 7 I n 40 9E Nc.o%ED INV li_.x N409 E WILBOt TO IBjP NaouT[D Br 409 75.00 r " D J .aT -�r c 4 _—L 3 f I COxST. L}UR8 & Ct(TTER 77f'E F En Ic" JE 5 DE LOCATED 1�ERs . T . 1 - � _ I G . E CONST, 33R0 STREET ssa�e — —`Fez. e — — `- — — — — — — — — — - CONST. 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Et I ' . 64 14 i t 406 407 408 498 410 N0. REVISION. I BT . I DATE --- - j—�— PLAN AND PROFILE = I D-qeqr>men/ 0f Public Works -- S U . S . , INC . En tneerrn Division `"t" ° ' 66 TR AVEtJU 't :001 VISTA PAAXYAT . NEST PAEM BEACH. Et DAfE . 10- 07 66 156l 1 69T • T000• EUI 1561 N 69T " TT51 rlaB BOOK NO . 33RD STREET •.. " 1--ARCADI - m i _um-nclv.+la�PtrRn°s�:xis.uml wlcaooa sw:v ,w _-- - - HELEN M. GLEN i UM7rS OF C1�+tSTfd/�'TRW 34.90 LT { ) fNn PROJECT p 1 CONST. 7U NOtIT INDEX ssll ! � 1 : B CONST, 2 u IN• RCP ) { 41620 r ! P/Sx x /3UD air Mr£ CDNSlL YES! INDEX 773 uN175 P' CDvST .SY 57.18 Lr ERM LIME. FOOD FL 211114i,,j� 17 ` M E CONST LESti .yl [ .,s1•x.L* II WOEX 2TJ .. _ . ,_. .. _ . 13 L, . St OCxALa � tz. w TO WL xELOCAIEc .SB LY r 6611 ^ T° eEMAIN IOT OTHERS ITYr. 6 �9 � P —19556 4R ] . 34 _ -- _ _ - Y _ _ . . ._ 6 - RCP - I I I 91 w *JP -- MP a i0. • ,x . EINE xTutAxt 67 I�i1v �' = +`��--[a. r� X. Ca 1 4 v a.f ° W[ WEL. wTXD T'(T 49 IW. \ 11EwIwS 1 ° `— PH„•^"_ ELL'£ OF PAYEu£NT f�T� ' 11'111 0 xEw1w X. 16 - PER E ,CS '7s- * . Ft% E0 ND Ul X 70 RE IN Ex. ELOCATE TI G . ] ] • 5 85xZZP £ WE WE LOCATED ITYr. L / L 6977 L _ CONST. CURB L GU TT TTPE F t CUNST. 33RD STREET •p °D ) �' _ • 44 CEWST. CURB a •Ds x v'ss A • , .x OO PRGP. EDGE OF PAVEMENT ' w CONST tF%��R M.m —L L G7/TT£R TTPE F .' GAT x161 i ....... -w+v [X. wM TO WE REMOVED `—EX . [WN !0 ! c [O _ r TO REwix — - — Is•+° — SUB-LATERAL A - 4 CANAL �_,o - - 7—� — _ 64 uP ):"se -`o' SU8-tAT£RAL A-4 CANAL —IT_6eLOU j - - - - - T9am - - - - - - - - - - oe--y_ s`DW1 _ . 111,12,1 T�-1-- L, . Ew°wµCw TO REMAlIR ex, CxOxAlt to REMAIN E,. To .x CONST. TURNOUT LNDEX 55 SAWCUT L BUTT .RXNT MATCH EXIST. PAVEMENT MOTS OF CONSTAWrov 49.51a RT 1 J • ` _ 26 eu 1611 24 ! g P EO PGL Kra RFJtr 22 �T� �ST. 53 _ -_- ! — . ._ _ � 6X7571 r'AG°f(E T i LUN T. a&EFEuuvEDFL Z. 7 ii//7��� Ex. te . 18 _ — •- _ 6 tfNCPFL ZI MID' RCP TD 0E 1W N6P ECC20 _ _.. __1111_— _ .—_.HEMP G 1_111 . 111_1 _ _ l -- EMaI _ I ICA//ALwmVcAmm � l rn r _ _ __ ! .� "Ex . e •Tv .I — L .60 TFL 60. 79 I — _A JJJ _ _ 'To ; 9 . ss Tl Ttl 15CFL 17 . 97, u16FL 1 . 05 � /7.19 I r [ 14 . i0 — �T 14 412 413 414 415 416 417 i ,^. xO.I REVISION. BY6 DATE . PLAN AND AND PROFILE CO - Departmen/ of Public G✓orks ONAYN. a E . ARCAD] S u . s . , INC . _ Engineering Division OAT("° 10 -03 :"4 66 TH AVENUE r 2D61 VISTA PARKWAY , WEST PALM BEACH. FL 11411 - ----- j, 15611 697 -7000. 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ADPDUT • C DESIp STaVD.xoS. 5411101'0 IDDDO-dirCYlfyy-f wOffc card 6i"UI/ 4:1i„r.J (d(:;✓ , i_r ' � ' TRAFFIC t4ar1O IiAO RPv Dn the 4 IJr n rc) /. ,.:f li✓; ;; roodw% Std/ 441 Di-dirttri0naf wnilc/r tJ. I and l snot, be wslltwoll r .,,.,.rJ:.:'.c - I '--'—' and InlS QiOO, out inS1011[d Dn=1ne-slr�n '�ii ,.--r. r JYrCt .. .1.. • 'J' . l Ricer CMR* SfowDrds . t I _ P K A - RfI AVE . f�--- alr „ --- CK? - - - - - -- -- - - --- - - - 7 t.. i i 0000l_ ^� ^� M0. REVISION. BT •_ i DATE* SCALC. ' - SO' j 0000000 � —_ __. -. . _ f _.-. -. g e I I u.•RevcD . r SIGNING 8 Pat no. 4 'i HA tKiw: Ys r i Deporlmenl of Pub/fc Kronks — ---- _ � I _ =.�_ - -- — _.-. —. . _--- R . D . '. ��'IIlJJJ444��' oC>t. EVCO- 3 ARCADIS us . , INC . Engineering Division DA IL . , 7. . 06 66 7H AVENUE 30411 PISTE PANL.AI • .ESI PAt4 BEECH. EL 33411 i 15611 697 - 7000. FAX I5a61I 691 - 7751 --_ FIELD BDac HD. 33RD STREET - .•. .. . W ._noawrn 7osrvrsPsrslDanrn w4n0XA 7:� NNI Return To and Prepared By : Jason A . Beal 3120130060866 Atlantic Coastal Land Title Company , LLC RECORDED IN THE PUBLIC RECORDS OF 855 21st St . , Suite C JEFFREY R SMITH , CLERK OF COURT Vero Beach, Florida 32960 INDIAN RIVER COUNTY FL BK: 2704 PG: 2148 Page 1 of 4 9/192013 9: 19 AM D DOCTAX PD $0 . 70 ACT File Number : 41078574 Parcel ID Number : 32 - 39 - 32 -00001 - 0050 -00002 . 0 (portion of) PERSONAL REPRESENTATIVE ' S DEED This Personal Representative ' s Deed made and executed by George A. Glenn and Frances G . Sherwood , as Personal Representatives of the Estate of Helen M . Glenn, deceased , first party, to Indian River County, a political subdivision of the State of Florida , whose post office address is 1801 27th St, Vero Beach, FL 32960 , second party : ( Wherever used herein the terms " first party " and " second party " shall include singular and plural , heirs , legal representatives , and assigns of individuals , and the successors and assigns of corporations, wherever the context so admits or requires . ) Witnesseth, that the said first party , for and in consideration of the sum of $ 10 . 00 , in hand paid by the said second party , the receipt whereof is hereby acknowledged, does hereby remise , release and quit-claim unto the said second party forever, all the right, title interest, claim and demand which the said first party has in and to the following described lot, piece or parcel of land : A parcel of land being the North 20.00 feet of the South 80 feet of the East 80 feet of the East 9.91 acres of the West 19 . 53 acres of Tract 5, Section 32 , Township 32 South , Range 39 East, according to the Plat of INDIAN RIVER. FARMS COMPANY, according to Plat recorded in Plat Book 2 , at Page 25 , of the Public Records of St. Lucie County , Florida ; said lands now lying and being in Indian River County, Florida . Subject to all valid restrictions , reservations and easements of record, however, this reference to restrictions shall not operate to reimpose same . To Have and to Hold the same together with all and singular the appurtenances thereunto belonging or in anywise appertaining, and all the estate , right, title , interest, lien, equity and claim whatsoever of the said first party , either in law or equity , to the only proper use , benefit and behoof of the said second party forever. And the said first party hereby covenants and warrants that it has authority to execute this deed and that, in such execution, all court orders and laws of the State of Florida have been followed and complied with in all respects . Pursuant to Rule 12114 . 014 (4) , F.A. C . , This deed is given to a government entity under threat of condemnation or as a part of an out- of=-court settlement of condemnation proceedings and is not subject to tax. In Witness Whereof, The said first party has signed and sealed these presents the day and year first above written . Signed, sealed and delivered in presence of: ign of Witness George A . Glenn dQ- 4L Print W ' ness ' s Name Si nature of Witns Frances G . Sherwood Jd es Print Witness ' s Name STATE OF FLORIDA COUNTY OF INDIAN RIVER The foregoing instrument was acknowledged before me , a Notary Public , this 9/ 12/2013 by George A. Glenn and Frances G . Sherwood , as Personal Representatives of the Estate of Helen M. Glenn, deceased , who was personally known to me , or who produced the following identification : IF ign00p of Notary .,�.+++• Printed Name of Notary `�;�'pY AVe��� JASON A . BEAL i4 0: Notary Public - State of Florida • My Comm . Expires Oct 11 2016 My Commission Expires : ,�'� 0;,`.: A�_ Bonded hrouah National N36r13O My Commission Number : SKETCH TO ACCOMPANY DESCRIPTION . THIS IS NOT A SURVEY ! LOCATION MAP : NOT TO SCALE 2s 25 41 t S S . Giffor Rd . 0 C) ' 30 a+ m 29 28 - - - � - - � Barbers Ave . Q \\�t� Cherr P I Sit Lane = 33` HELEN M . GLENN 5 c Pas 31 32 awCR505 00 f]:f ' - - - - Walker Ave . - - VER0 c MALLSY 4 60 LEGAL DESCRIPTION : PARCEL 159 A PARCEL OF LAND BEING THE NORTH 20 . 00 FEET OF THE SOUTH 80 . 00 FEET OF THE EAST 80 . 00 FEET OF THE EAST 9 . 91 AC . OF THE WEST 19 . 53 ACRES OF TRACT 5 , INDIAN RIVER FARMS COMPANY PLAT OF LANDS , ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 2 , PAGE 25 , PUBLIC RECORDS , SAINT LUCIE COUNTY, FLORIDA, ALL SAID LANDS LYING WITHIN SECTION 32 , TOWNSHIP 32 SOUTH , RANGE 39 EAST, INDIAN RIVER COUNTY, FLORIDA. CONTAINING 0 . 037 ACRES , MORE OR LESS . LEGEND: Q - BASELINE PG. - PAGE C - CALCULATED R - RIGHT IRFC - INDIAN RIVER FARMS COMPANY R/W - RIGHT- OF-WAY L - LEFT STA. - STATION O . R . B. - OFFICIAL RECORDS BOOK S. L.C . R . - ST. LUCIE COUNTY RECORDS P . B. - PLAT BOOK CERTIFICATION : THIS SKETCH AND DEL ARE NOT VALID WITHOUT THE SIGNATURE AND ORIGINAL RAISED SEAL OF A FLORI SED S D MAPPER . NOTE: THIS IS NOT A SKETCH OF SURVEY, BUT ONLY A GRAPHIC DEPICTION OF THE DESCRIPTION SHOWN HEREON . WILBUR DIV THERE HAS BEEN NO FIELD WORK , VIEWING OF THE SUBJECT PROPERTY, OR MONUMENTS SET IN CONNECTION PROFESSIONAL LAND SURVEYOR AND MAPPER LICENSE N0 . 4190 , STATE OF FLORIDA WITH THE PREPARATION OF THE INFORMATION SHOWN HEREON . NOTE: LANDS SHOWN HEREON WERE NOT DATE: 9 /4/07 REVISED : 11 /30/ 11 JAF ABSTRACTED FOR RESTRICTIONS , RIGHTS- OF-WAY AND REVISED : 9 / 14/07 BEJ EASEMENTS OF RECORD . PROJECT MANAGER DEPARTMENT MANAGER SCALE: WAKED BY ARCADIS SHEET TIRE DATE:- D3_ 11 DRAWN BYJAF ADDITIONAL R/W PROJECT NUMBER DRAWING NUMBER ARCADIS U . S . , INC . 2081 Vista Parkway Tel: (561 ) 6974000 Fax: (561 ) 697.7751 WPOO1053 1053SD159 West Palm Beach, Florida 33411 www.arcadis-us.com SHEET 1 OF 3 SKETCH TO ACCOMPANY DESCRIPTION . THIS IS NOT A SURVEY ! LOu NOTE : FOR LEGEND a SEE SHEET 1 OF 3 U N 1 11 1 � a EAST 9 . 91 AC . OF un THE WEST 19 . 53 ACRES WEST 80 ' OF THE EAST 9 ACRES OF w THE WEST 18 . 62 ACRES 246 . 93 ' , o Cnw EAST 9 ACRES OF THE WEST 18 . 62 ACRES l i w N V) a - 0 (n w to Z Io6 146 . 93 ' 70 ' I ? a U) a I I I ~ u3:j QUIT CLAIM DEED BY I 20 GEORGE A. GLENN & SHARON N . GLENN I� I � Na & HELEN M . GLENN TO L I SHEPHEN D . SHERWOOD & i I Q FRANCES G . SHERWOOD (O . R . B . --- PG . a, Y z , r; QUIT CLAIM DEED BY HELEN M . I O 0) I GLENN TO STEPHEN D . SHERWOOD I N I x AND FRANCES G. SHERWOOD I N' wm bI (O . R . B . --- PG . r7 0 20' ADDMONAL R/W I , N S89 56 26'E 80.00 SW25' 12"W 157 I 158 20,00' 159 _ 30 ' EXISTING R/W I I N89'56'26"W 80.00' � O . R . B . 992 , PG . 707 SOUTH LINE 33RD STREET o OF TRACT 57 (CHERRY LANE) M R/W WARRANTY DEED STEPHEN SHERWOOD TO D$ WTHVEME COUNTY O . R . B . 9929 PG . 707 , 10 - 1 F N .W. ONE - QUARTER oM OF SECTION 32 - 32 - 39 R/W WARRANTY DEED 60' SUB- LATERAL "A- 4" CAN 3/' EXISTING GEORGE & SHARON GLENN INDIAN RIVER FARMS CO . R/W WARRANTY DEED HELEN GLENRG * 707 992 , Pil TO INDIAN RIVER COUNTY PLAT OF LANDS PG . 707 992 , PG O . R . B . 992 , PG . 709 , P. B . 2 , PG . 25 , S .L. C. R . OWNER: 10 - 15 - 93 HELEN M . GLENN PROJECT MANAGER DEPARTMENT MANAGER SCALE: CHECKED BY WFD WFD 1 ' = 50' WFD ARCADIS SHEET TdTIF DATE* 3. 11 DRAWN Is ADDITIONAL R/W PROJECT NUMBER DRAWING NUMBER ARCADIS U . S . , INC . 2081 Vista Parkway Tel: (561 ) 697-7000 Fax: (561 ) 697-7751 WPOO1053 1053SD159 West Palm Beach, Florida 33411 www.arcadis us.com SHEET 3 OF 3 This instrument was prepared incident to the issuance of a title insurance contract, and is to be returned to: Jason A. Beal 3120130060867 Atlantic Coastal Land Title Company, LLC RECORDED IN THE PUBLIC RECORDS OF 855 215 St., Suite C JEFFREY R SMITH , CLERK OF COURT Vero Beach, Florida 32960 INDIAN RIVER COUNTY FL BK: 2704 PG: 2152 Page 1 of 2 9/19/2013 9: 19 AM D DOCTAX PD $0 . 70 ACLT File Number : 41078574 Parcel ID Number : 32=39-32-00001 =0050=00002.0 (portion of) QUITCLAIM DEED This deed, made as of this day of September, 2013, by George A. Glenn and Sharon N. Glenn, husband and wife ; and Stephen D. Sherwood and Frances G. Sherwood, husband and wife (as Grantor) ; and Indian River County, a political subdivision of the State of Florida, whose postoffice address is : 180127" St., Vero Beach, FL 32960 (as Grantee) ; ( Wherever used herein, the terms 'grantor" and "grantee " shall include singular and plural, heirs, legal representatives, and assigns of individuals, and the successors and assigns of corporations, partnerships or other entities; wherever the context so admits or requires. ) WITNESSETH : That the grantor, for and in consideration of the sum of $ 10.00 in hand paid by grantee, the receipt whereof is hereby acknowledged, does hereby grant, bargain, sell, alien, remise, release, convey and quit claim unto the grantee forever, all the right, title, interest, claim and demand which the said grantor has in and to the following described parcel of land, to wit: A parcel of land being the North 20.00 feet of the South 80 feet of the East 80 feet of the East 9.91 acres of the West 19.53 acres of Tract 5, Section 32, Township 32 South , Range 39 East, according to the Plat of INDIAN RIVER FARMS COMPANY, according to Plat recorded in Plat Book 2, at Page 25, of the Public Records of St. Lucie County, Florida ; said lands now lying and being in Indian River County , Florida. TO HAVE AND TO HOLD the same together with all and singular the appurtenances thereunto belonging or in anywise appertaining, and all the estate, right, title, interest, lien, equity and claim whatsoever of grantor, either in law or equity, to the only proper use, benefit and behoof of grantee forever. ATLANTIC COASTAL LAND TITLE COMPANY , LLC A Full Service, Florida Title Insurance Agency IN WITNESS WHEREOF, the said grantor has signed and sealed these presents the day and year first above written. Signed, sealed and delivered in the presence of.• lzie a George A. Glenn S ' &c � L Sha n . Glenn Mailing Address of Grantor: Stephen D. Sherwood 2165 15t1i Ave Vero Beach, FL 32960 Frances G. Sherwood State of Florida County of Indian River The foregoing instrument was acknowledged before me the date hereinafter given, by George A . Glenn and Sharon N. Glenn, husband and wife ; and Stephen D. Sherwood and Frances G. Sherwood, husband and wife; who was/were either personally known to me ; or produced identification of sufficient character so as to identify said in'dividuaTCsTwith reasonable certainty ; and who did/did not take an oath . Witness my hand and official seal in the County and State last aforesaid, thisi D- day of September, 2013. c Notary Public Type of identification provided (Check One) : [ ] Driver's License [ ] Passport [ ] Government (State or Federal) ID Card �'�'�`� �jivo„a: JASON A . REAL [ ] Resident Alien ID Card Sip ��: Notary Public - State of Florida [ ] Other = ' • e My Comm. Expires Oct 11 , 2016 = Commission # EE 836130 V OF "`�•• Bonded Through National Notary Assn. ATLANTIC COASTAL LAND TITLE COMPANY , LLC A Full Service, Florida Title Insurance Agency OWNER ' S POLICY OF TITLE INSURANCE (with Florida Modifications ) * Policy Number OXFL =08209605 File Number : 41078574 * * Issued by Old Republic National Title Insurance Company * * Any notice of claim and any other notice or statement in writing required to be given to the * * Company under this Policy must be given to the Company at the address shown in Section 18 * of the Conditions. * * * * COVERED RISKS SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE CONTAINED IN SCHEDULE B , AND THE CONDITIONS , OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY, a Minnesota corporation (the " Company' ) insures , as of Date of Policy, against loss or damage , not exceeding the Amount of Insurance , sustained or incurred by the Insured by reason of : 1 . Title being vested other than as stated in Schedule A. 2 . Any defect in or lien or encumbrance on the Title . This Covered Risk includes but is not limited to insurance against loss from ( a ) A defect in the Title caused by ( i ) forgery, fraud , undue influence , duress , incompetency, incapacity, or impersonation ; ( ii ) failure of any person or Entity to have authorized a transfer or conveyance; ( iii ) a document affecting Title not properly created , executed , witnessed , sealed , acknowledged , notarized , or delivered ; ( iv) failure to perform those acts necessary to create a document by electronic means authorized by law; (v) a document executed under a falsified , expired , or otherwise invalid power of attorney; ( vi ) a document not properly filed , recorded , or indexed in the Public Records including failure to perform those acts by electronic means authorized by law, or (vii ) a defective judicial or administrative proceeding . ( b) The lien of real estate taxes or assessments imposed on the Title by a governmental authority due or payable , but unpaid . (c ) Any encroachment, encumbrance , violation , variation, or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the Land . The term " encroachment' includes encroachments of existing improvements located on the Land onto adjoining land , and encroachments onto the Land of existing improvements located on adjoining land . 3 . Unmarketable Title . 4. No right of access to and from the Land . 5 . The violation or enforcement of any law, ordinance , permit , or governmental regulation ( including those relating to building and zoning ) restricting , regulating , prohibiting , or relating to ( a ) the occupancy, use , or enjoyment of the Land ; ( b ) the character, dimensions , or location of any improvement erected on the Land ; ( c ) the subdivision of land ; or (d ) environmental protection if a notice , describing any part of the Land , is recorded in the Public Records setting forth the violation or intention to enforce , but only to the extent of the violation or enforcement referred to in that notice . In Witness Whereof, OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY, has caused this policy to be signed and sealed as of Date of Policy shown in Schedule A, the policy to become valid when countersigned by an authorized signatory of the Company. Policy Issuer: Countersigned: ATLANTIC COASTAL LAND TITLE COMPANY, LLC 855 21ST STREET, STE C OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY CENTERSTATE BANK BLDG , 2ND FLR A Stock Company VERO BEACH , FL 32960 400 Second Avenue South, Minneapolis, Minnesota 55401 PHONE : 772-569-4364 (612) 371 - 1111 gye President Authorized Officer or Licensed Agent Q ORT Form 4309 FL ALTA ALTA Owners Policy of Title Insurance 6-17-06 (with Florida Modifications) Attest �F — — I Secretary 6 . An enforcement action based on the exercise of a governmental police power not covered by Covered Risk 5 if a notice of the enforcement action , describing any part of the Land , is recorded in the Public Records , but only to the extent of the enforcement referred to in that notice . 7 . The exercise of the rights of eminent domain if a notice of the exercise , describing any part of the Land , is recorded in the Public Records . 8 . Any taking by a governmental body that has occurred and is binding on the rights of a purchaser for value without Knowledge . 9 . Title being vested other than as stated in Schedule A or being defective ( a ) as a result of the avoidance in whole or in part , or from a court order providing an alternative remedy, of a transfer of all or any part of the title to or any interest in the Land occurring prior to the transaction vesting Title as shown in Schedule A because that prior transfer constituted a fraudulent or preferential transfer under federal bankruptcy, state insolvency, or similar creditors' rights laws; or ( b) because the instrument of transfer vesting Title as shown in Schedule A constitutes a preferential transfer under federal bankruptcy, state insolvency, or similar creditors' rights laws by reason of the failure of its recording in the Public Records ( i ) to be timely, or ( ii ) to impart notice of its existence to a purchaser for value or to a judgment or lien creditor. 10 . Any defect in or lien or encumbrance on the Title or other matter included in Covered Risks 1 through 9 that has been created or attached or has been filed or recorded in the Public Records subsequent to Date of Policy and prior to the recording of the deed or other instrument of transfer in the Public Records that vests Title as shown in Schedule A. The Company will also pay the costs , attorneys ' fees , and expenses incurred in defense of any matter insured against by this Policy, but only to the extent provided in the Conditions . EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of ( b ) not Known to the Company, not recorded in the Public this policy, and the Company will not pay loss or damage , costs , Records at Date of Policy, but Known to the Insured Claimant attorneys ' fees , or expenses that arise by reason of: and not disclosed in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an 1 . ( a ) Any law, ordinance , permit, or governmental regulation Insured under this policy; ( including those relating to building and zoning ) restricting , ( c) resulting in no loss or damage to the Insured Claimant, regulating , prohibiting , or relating to (d ) attaching or created subsequent to Date of Policy; or ( e ) resulting in loss or damage that would not have been ( i ) the occupancy, use , or enjoyment of the Land , sustained if the Insured Claimant had paid value for the Title . ( ii ) the character, dimensions , or location of any improvement erected on the Land ; 4 . Any claim , by reason of the operation of federal bankruptcy, state ( iii ) the subdivision of land , or insolvency, or similar creditors' rights laws , that the transaction ( iv) environmental protection ; vesting the Title as shown in Schedule A, is or the effect of any violation of these laws , ( a ) a fraudulent conveyance or fraudulent transfer; or ordinances , or governmental regulations . This ( b) a preferential transfer for any reason not stated in Covered Exclusion 1 ( a ) does not modify or limit the Risk 9 of this policy. coverage provided under Covered Risk 5 . ( b) Any governmental police power. This Exclusion 1 ( b) does 5 . Any lien on the Title for real estate taxes or assessments imposed not modify or limit the coverage provided under Covered Risk 6 . by governmental authority and created or attaching between Date of Policy and the date of recording of the deed or other instrument 2 . Rights of eminent domain . This Exclusion does not modify or limit of transfer in the Public Records that vests Title as shown in the coverage provided under Covered Risk 7 or 8. Schedule A . 3 . Defects, liens , encumbrances , adverse claims , or other matters ( a ) created , suffered , assumed , or agreed to by the Insured Claimant, ORT Form 4309 FL ALTA Owners Policy of Title Insurance 6.17-06 (with Florida Modifications) Page 2 CONDITIONS 1 , DEFINITION OF TERMS purchase , lease , or lend if there is a contractual condition requiring The following terms when used in this policy mean : the delivery of marketable title . ( a ) "Amount of Insurance " : The amount stated in Schedule A, as may 2 CONTINUATION OF INSURANCE be increased or decreased by endorsement to this policy, increased by Section 8( b), or decreased by Sections 10 and 11 of these Conditions. The coverage of this policy shall continue in force as of Date of ( b ) " Date of Policy " : The date designated as " Date of Policy'" in Policy in favor of an Insured , but only so long as the Insured retains an estate or interest in the Land , or holds an obligation secured by Schedule A . a purchase money Mortgage given by a purchaser from the Insured , ( c ) " Entity" : A corporation , partnership, trust, limited liability company, or other similar legal entity. or only so long as the Insured shall have liability by reason of warranties in any transfer or conveyance of the Title . This policy ( d ) " Insured " : The Insured named in Schedule A . shall not continue in force in favor of any purchaser from the ( i ) The term " Insured " also includes Insured of either ( i ) an estate or interest in the Land , or ( ii ) an (A) successors to the Title of the Insured by operation of law as obligation secured by a purchase money Mortgage given to the distinguished from purchase , including heirs , devisees, survivors, Insured . personal representatives , or next of kin ; (B ) successors to an Insured by dissolution , merger, consolidation , 3 . NOTICE OF CLAIM TO BE GIVEN BY INSURED CLAIMANT distribution , or reorganization ; The Insured shall notify the Company promptly in writing ( i ) in case ( C) successors to an Insured by its conversion to another kind of of any litigation as set forth in Section 5( a ) of these Conditions , ( ii ) Entity, in case Knowledge shall come to an Insured hereunder of any claim ( D ) a grantee of an Insured under a deed delivered without of title or interest that is adverse to the Title , as insured , and that payment of actual valuable consideration conveying the Title might cause loss or damage for which the Company may be liable ( 1 ) if the stock, shares , memberships , or other equity by virtue of this policy, or ( iii ) if the Title , as insured , is rejected as interests of the grantee are wholly- owned by the Unmarketable Title . If the Company is prejudiced by the failure of named Insured , the Insured Claimant to provide prompt notice , the Company' s na naif the grantee wholly owns the named Insured , liability to the Insured Claimant under the policy shall be reduced to the extent of the prejudice . ( 3 ) if the grantee is wholly-owned by an affiliated Entity of the named Insured , provided the affiliated 4. PROOF OF LOSS Entity and the named Insured are both wholly-owned In the event the Company is unable to determine the amount of by the same person or Entity, or loss or damage, the Company may, at its option , require as a condition ( 4) if the grantee is a trustee or beneficiary of a trust of payment that the Insured Claimant furnish a signed proof of loss . created by a written instrument established by the The proof of loss must describe the defect, lien , encumbrance , or Insured named in Schedule A for estate planning other matter insured against by this policy that constitutes the purposes . basis of loss or damage and shall state , to the extent possible , the ( ii ) With regard to ( A), ( B ), ( C), and ( D ) reserving , however, all rights basis of calculating the amount of the loss or damage . and defenses as to any successor that the Company would have had 5. DEFENSE AND PROSECUTION OF ACTIONS against any predecessor Insured . ( e ) " Insured Claimant" : An Insured claiming loss or damage . ( a ) Upon written request by the Insured , and subject to the options contained in Section 7 of these Conditions , the Company, at its (f) " Knowledge " or " Known " : Actual knowledge , not constructive own cost and without unreasonable delay, shall provide for the knowledge or notice that may be imputed to an Insured by reason of defense of an Insured in litigation in which any third party asserts the Public Records or any other records that impart constructive a claim covered by this policy adverse to the Insured . This obligation notice of matters affecting the Title . is limited to only those stated causes of action alleging matters ( g ) " Land " : The land described in Schedule A, and affixed improvements insured against by this policy. The Company shall have the right to that by law constitute real property. The term " Land " does not select counsel of its choice ( subject to the right of the Insured to include any property beyond the lines of the area described in object for reasonable cause ) to represent the Insured as to those Schedule A, nor any right, title , interest, estate , or easement in stated causes of action . It shall not be liable for and will not pay abutting streets , roads , avenues , alleys , lanes , ways , or waterways , the fees of any other counsel . The Company will not pay any fees, but this does not modify or limit the extent that a right of access to costs , or expenses incurred by the Insured in the defense of those and from the Land is insured by this policy. causes of action that allege matters not insured against by this policy. ( h ) " Mortgage " : Mortgage , deed of trust, trust deed , or other security ( b) The Company shall have the right, in addition to the options instrument, including one evidenced by electronic means authorized contained in Section 7 of these Conditions , at its own cost, to bylaw. institute and prosecute any action or proceeding or to do any other act that in its opinion may be necessary or desirable to ( i ) " Public Records " : Records established under state statutes at establish the Title , as insured , or to prevent or reduce loss or Date of Policy for the purpose of imparting constructive notice of damage to the Insured . The Company may take any appropriate matters relating to real property to purchasers for value and without action under the terms of this policy, whether or not it shall be Knowledge . With respect to Covered Risk 5( d ), " Public Records " liable to the Insured . The exercise of these rights shall not be an shall also include environmental protection liens filed in the records admission of liability or waiver of any provision of this policy. of the clerk of the United States District Court for the district where If the Company exercises its rights under this subsection , it must the Land is located . do so diligently. (j ) "Title " : The estate or interest described in Schedule A. (c ) Whenever the Company brings an action or asserts a defense ( k) " Unmarketable Title " : Title affected by an alleged or apparent as required or permitted by this policy, the Company may pursue matter that would permit a prospective purchaser or lessee of the the litigation to a final determination by a court of competent Title or lender on the Title to be released from the obligation to jurisdiction , and it expressly reserves the right, in its sole ORT Form 4309 FL discretion , to appeal any adverse judgment or order. ALTA Owners Policy of Title Insurance 6-17.06 (with Florida Modifications) Page 3 CONDITIONS (con 't) 6 . DUTY OF INSURED CLAIMANT TO COOPERATE policy. In addition , the Company will pay any costs , attorneys ' fees , ( a ) In all cases where this policy permits or requires the Company and expenses incurred by the Insured Claimant that were authorized to prosecute or provide for the defense of any action or proceeding by the Company up to the time of payment and that the Company is and any appeals , the Insured shall secure to the Company the right obligated to pay; or to so prosecute or provide defense in the action or proceeding , ( ii ) to pay or otherwise settle with the Insured Claimant the loss or including the right to use , at its option , the name of the Insured for damage provided for under this policy, together with any costs , this purpose . Whenever requested by the Company, the Insured , attorneys ' fees , and expenses incurred by the Insured Claimant that at the Company' s expense , shall give the Company all reasonable were authorized by the Company up to the time of payment and that aid ( i ) in securing evidence , obtaining witnesses, prosecuting or the Company is obligated to pay. defending the action or proceeding , or effecting settlement, and ( ii ) in any other lawful act that in the opinion of the Company may Upon the exercise by the Company of either of the options provided be necessary or desirable to establish the Title or any other matter for in subsections ( b )( i ) or ( ii ) , the Company' s obligations to the as insured . If the Company is prejudiced by the failure of the Insured under this policy for the claimed loss or damage , other than Insured to furnish the required cooperation , the Company's obligations the payments required to be made , shall terminate, including any to the Insured under the policy shall terminate, including any liability or obligation to defend , prosecute , or continue any liability or obligation to defend, prosecute, or continue any litigation, litigation . with regard to the matter or matters requiring such cooperation . ( b) The Company may reasonably require the Insured Claimant to g, DETERMINATION AND EXTENT OF LIABILITY submit to examination under oath by any authorized representative This policy is a contract of indemnity against actual monetary loss or of the Company and to produce for examination , inspection , and damage sustained or incurred by the Insured Claimant who has suffered copying , at such reasonable times and places as may be designated loss or damage by reason of matters insured against by this policy. by the authorized representative of the Company, all records , in ( a ) The extent of liability of the Company for loss or damage under whatever medium maintained , including books , ledgers , checks , this policy shall not exceed the lesser of memoranda , correspondence , reports , e- mails , disks, tapes , and ( i ) the Amount of Insurance; or videos whether bearing a date before or after Date of Policy, that ( ii ) the difference between the value of the Title as insured and the reasonably pertain to the loss or damage . Further, if requested by value of the Title subject to the risk insured against by this policy. any authorized representative of the Company, the Insured Claimant ( b) If the Company pursues its rights under Section 5 of these shall grant its permission , in writing , for any authorized representative Conditions and is unsuccessful in establishing the Title , as insured , of the Company to examine , inspect, and copy all of these records ( i ) the Amount of Insurance shall be increased by 10 % , and in the custody or control of a third party that reasonably pertain to ( ii ) the Insured Claimant shall have the right to have the loss or the loss or damage . All information designated as confidential by damage determined either as of the date the claim was made by the Insured Claimant provided to the Company pursuant to this the Insured Claimant or as of the date it is settled and paid . Section shall not be disclosed to others unless , in the reasonable ( c ) In addition to the extent of liability under ( a ) and ( b), the Company judgment of the Company, it is necessary in the administration of will also pay those costs , attorneys ' fees , and expenses incurred in the claim . Failure of the Insured Claimant to submit for examination accordance with Sections 5 and 7 of these Conditions . under oath , produce any reasonably requested information , or grant permission to secure reasonably necessary information from 9. LIMITATION OF LIABILITY third parties as required in this subsection , unless prohibited by ( a ) If the Company establishes the Title , or removes the alleged law or governmental regulation , shall terminate any liability of the defect, lien , or encumbrance , or cures the lack of a right of access Company under this policy as to that claim . to or from the Land , or cures the claim of Unmarketable Title, all as insured , in a reasonably diligent manner by any method , including 7 . OPTIONS TO PAY OR OTHERWISE SETTLE CLAIMS; litigation and the completion of any appeals , it shall have fully TERMINATION OF LIABILITY performed its obligations with respect to that matter and shall not In case of a claim under this policy, the Company shall have the be liable for any loss or damage caused to the Insured . following additional options : ( b ) In the event of any litigation , including litigation by the Company ( a ) To Pay or Tender Payment of the Amount of Insurance . or with the Company' s consent , the Company shall have no liability To pay or tender payment of the Amount of Insurance under this for loss or damage until there has been a final determination by a policy together with any costs , attorneys' fees , and expenses court of competent jurisdiction , and disposition of all appeals , incurred by the Insured Claimant that were authorized by the adverse to the Title , as insured . Company up to the time of payment or tender of payment and that ( c ) The Company shall not be liable for loss or damage to the the Company is obligated to pay. Insured for liability voluntarily assumed by the Insured in settling Upon the exercise by the Company of this option , all liability and any claim or suit without the prior written consent of the Company . obligations of the Company to the Insured under this policy, other than to make the payment required in this subsection , shall terminate, 10 . REDUCTION OF INSURANCE; REDUCTION OR TERMINATION including any liability or obligation to defend , prosecute , or contin- OF LIABILITY ue any litigation . All payments under this policy, except payments made for costs, ( b ) To Pay or Otherwise Settle With Parties Other Than the Insured attorneys ' fees , and expenses , shall reduce the Amount of Insurance or With the Insured Claimant . by the amount of the payment. ( i ) to pay or otherwise settle with other parties for or in the name of an Insured Claimant any claim insured against under this ORT Form 4309 FL ALTA Owners Policy of Title Insurance 6. 17.06 (with Florida Modifications) Page 4 CONDITIONS ( con 't) 11 . LIABILITY NONCUMULATIVE 15 . LIABILITY LIMITED TO THIS POLICY; POLICY ENTIRE The Amount of Insurance shall be reduced by any amount the Company CONTRACT pays under any policy insuring a Mortgage to which exception is taken ( a ) This policy together with all endorsements , if any, attached to it in Schedule B or to which the Insured has agreed , assumed , or taken by the Company is the entire policy and contract between the subject, or which is executed by an Insured after Date of Policy and Insured and the Company. In interpreting any provision of this which is a charge or lien on the Title , and the amount so paid shall be policy, this policy shall be construed as a whole . deemed a payment to the Insured under this policy. ( b ) Any claim of loss or damage that arises out of the status of the Title or by any action asserting such claim whether or not based on 12 . PAYMENT OF LOSS negligence shall be restricted to this policy. When liability and the extent of loss or damage have been definitely ( c ) Any amendment of or endorsement to this policy must be in fixed in accordance with these Conditions , the payment shall be made writing and authenticated by an authorized person , or expressly within 30 days , incorporated by Schedule A of this policy . 13 . RIGHTS OF RECOVERY UPON PAYMENT OR SETTLEMENT ( tl ) Each endorsement to this policy issued at any time is made a part of this policy and is subject to all of its terms and provisions . ( a ) Whenever the Company shall have settled and paid a claim Except as the endorsement expressly states , it does not ( i ) modify under this policy, it shall be subrogated and entitled to the rights of any of the terms and provisions of the policy, ( ii ) modify any prior the Insured Claimant in the Title and all other rights and remedies endorsement, ( iii ) extend the Date of Policy, or ( iv) increase the in respect to the claim that the Insured Claimant has against any Amount of Insurance . person or property, to the extent of the amount of any loss , costs , attorneys ' fees , and expenses paid by the Company. If requested 16 . SEVERABILITY by the Company, the Insured Claimant shall execute documents to In the event any provision of this policy, in whole or in part, is held evidence the transfer to the Company of these rights and remedies . invalid or unenforceable under applicable law, the policy shall be The Insured Claimant shall permit the Company to sue, compromise , deemed not to include that provision or such part held to be invalid , but or settle in the name of the Insured Claimant and to use the name all other provisions shall remain in full force and effect. of the Insured Claimant in any transaction or litigation involving these rights and remedies . 17 . CHOICE OF LAW; FORUM If a payment on account of a claim does not fully cover the loss of ( a ) Choice of Law: The Insured acknowledges the Company has the Insured Claimant , the Company shall defer the exercise of its underwritten the risks covered by this policy and determined the right to recover until after the Insured Claimant shall have recovered premium charged therefor in reliance upon the law affecting interests its loss . in real property and applicable to the interpretation , rights, remedies , ( b ) The Company' s right of subrogation includes the rights of the or enforcement of policies of title insurance of the jurisdiction Insured to indemnities , guaranties , other policies of insurance , or where the Land is located . bonds , notwithstanding any terms or conditions contained in those Therefore , the court or an arbitrator shall apply the law of the instruments that address subrogation rights . jurisdiction where the Land is located to determine the validity of claims against the Title that are adverse to the Insured and to 14. ARBITRATION interpret and enforce the terms of this policy. In neither case shall Unless prohibited by applicable law, arbitration pursuant tothe Title the court or arbitrator apply its conflicts of law principles to deter- Insurance Arbitration Rules of the American Arbitration Association mine the applicable law. may be demanded if agreed to by both the Company and the Insured at ( b ) Choice of Forum : Any litigation or other proceeding brought by the time of a controversy or claim . Arbitrable matters may include, but the Insured against the Company must be filed only in a state or are not limited to , any controversy or claim between the Company and federal court within the United States of America or its territories the Insured arising out of or relating to this policy, and service of the having appropriate jurisdiction . Company in connection with its issuance or the breach of a policy provision or other obligation . Arbitration pursuant to this policy and 18 . NOTICES, WHERE SENT under the Rules in effect on the date the demand for arbitration is Any notice of claim and any other notice or statement in writing made or, at the option of the Insured , the Rules in effect at Date of required to be given to the Company under this policy must be given to Policy shall be binding upon the parties . The award may include the Company at 400 Second Avenue South , Minneapolis , attorneys' fees only if the laws of the state in which the Land is Minnesota 55401 -2499 , Phone : 612-371 - 1111 . located permit a court to award attorneys ' fees to a prevailing party. Judgment upon the award rendered by the Arbitrator( s ) may be entered in any court having jurisdiction thereof. The law of the situs of the land shall apply to an arbitration under the Title Insurance Arbitration Rules . A copy of the Rules may be obtained from the Company upon request. 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Note: This form is furnished to give you a statement of actual settlement costs. Amounts paid to and by the settlement agent are shown. Items marked "(p.o.c.) " were paid outside the closing; they are shown here for informational purposes and are not included in the totals. DN MDADDDRWMZM - Indian River County, a political subdivision of the State of Florida 180127th St Vero Beach, FL 32%0 a""MBAND"00"daO �"" George A. Glenn and Frances G. Sherwood, as Personal Representatives of the Estate of Helen M. Glenn, deceased 216515th Ave Vero Beach, FL �. wwaMDeDDResror�orsc N/A °" 01 TM 1gG10f 6550 33rd St, Vero Beach, FL 32966 j. sernm rwre w semnse"rAO Atlantic Coastal Land Title Company, LLC MAMmsunnac 855 21st Street, Suite C. Vero Beach, Florida 32960 September 12the 2013 101 . Contract Sales Price $ 109000.00 1 401 . Contract Sales Price $ 10,000.00 102, Personal Property 402. Personal Property 103. Settlement charges to Buyer: S 793.90 403. 104. 404• 105. 4 I WW7„ �. YN u � ' 107. County Taxes Closing Date to 12/31 S 0.00 407. County Taxes Closins Date to 12/31 S 0.00 108. Assessments to 408. Assessments to 109. 409• 110. 410, 111 . 411 • 112. 412. 120. GROSS DUE FM Buyer: $ 10,793.90 4201 GROSS DUE TO SELLER: $ 109000.00 201 . Deposit or earnest money 501 . Excess deposit (see instructions) 202. Principal amt of new loan $ 0.00 502. Settlement Charges to seller $ 0•oo 203. Existing loans taken subject to 503. Existing loans taken subject to 2040 504. Payoff of fust mortgage loan 2059 505. Payoff of second mortgage loan 206. 506. 207. 507. 2084 508. 2090 509• ilk 211 . County Taxes 1/1 - Closing Date $ 0,00 j X511 . County taxesPE0 7USI14tlyISFORTfEMS,r : $ zy 1/1 - Closing Date $ 0.00 212. Assessments to 512. Assessments to 213. 513. 214. 514, 215, 515. 216. 516, 217. 517, 218. 518, 219. 519• 220, TOTAL PAID BY/FOR Buyer: $ 0.00 AM TOTAL REDUCTIONS IN $ 0.00 AMOUNT DUE TO SELLER: 301 . Gross amt due from Buyer $ 109793.90 601 . Gross amt due to seller S 10.000.00 3MENNEN02. Less amt d b ffor Buyer S 0.00 602. Less reductions in amt due seller $ 0•� 303. CASH FROM Buyer: $ 10,793.90 603. CASH TO SELLER: $ 10,000.00 HUD4 (346) RESPA, HB 4305.2 11 • : ' • • • 1 • • $ 10,000.00, • / • Buyers SELLEWS @ % = $KIOV OI ( 'O ,llA11 ,SSIOA' ILinr7111h V6� 101 , 1 FUNDFUN1 SETTLEMENTSATSETTLEMENT 1 703. ti11U . I II : \ 1S paid at settlement ' \ I . 1 . (: IN ( ,O \ \ I�. ( ' 11O \ \\ 1111 : 1 • ; 1 : 1 • : 1Insenon fee to: 806. Mortgage nsurance�aplicadon fee to:. 807. Assu tion fee to: : 11 v1111 . III. NNRI" 11I IIMI ) Iil l . (: MWIt IO 10 1 ' \ 11 ) 1 \ \ I ) \ \ \ ( ' I'. : 902. Mortgage insurance premium for mosto ' 1 -3. Hazard insurance premium for yrsto ' i 1111111 . It1iSlatV I 'y I ) ICI 'O51 l FI ) A11III I . F \ I ) F: It : 1004 County P—roq months ;y taxes per month iIllU. lI11 . I : lli \ R ( IS: 11 . Settlement or closing fee to Atlantic CossW L@I Title Company LLC11 I1 1 11 1102. © 11 1 11 3o Title Examination to Atlantic Coastall Land Tide Com LLC 1 1105. Document Raration to —_= KLL�. FT 1 1 : 71 6 V1 M11 11 11 11 1 11 1 ' 1112. ALTA Environmental Protection Lien Endorsement Form 8. 1 ffm 1 • ' _ 1 ill 11 1 '_1111. 1 ; 1 ) \ 1 K \ \ Ih \ " I IZI 1 OK1 ) I \ G \ \ I ) I K \ \ SI I : Il I II \ RGI 1 / . .d 1 • 1 - - . 1 • 1 1 •� 1205. Partial Release of Mortgage1 al . I tllo. \ I ) I ) I I lO ♦ \ I , til ' I I I . 1 . \ Ih: \ I l ' 11 U ( GI \ : 1 -- 13029 Itil to 1303. Express delivSLfees to Athutic astal Land Tide Company, LLC 11 1304. Wire Fee to Atlantic Coastal/ConterState Bank 1 1305. File Scan/Dixitall Archive Fee to Forensis Technologies 1 11 1 : 11 -_ 1400. TOTAL SETTLEMENT CHARGES (Eaw on line 103, Section J and fine SIM SeotionK) I have carefully reviewed the HUD- i Settlement Statement and to the best of my knowledge and belief, it is a true and accurate statement of all receipts and disbursements trade on my account or by me in this transaction. I further certify that I have received a copy of HUD4 Settlement Statement. Sellers: George Glenn, as Person 1 Representative of the Estate of Helen M. Glenn, deceased /JCry Frances G. Sherwood, as Personal Representative of the Estate of Helen M. Glenn, deceased Buyers: Indian River County, a olitical s division of the State of Florida By, Williaiu IL DeBreal its Deputy County Attorney Some costs reflected hereon may be based on good faith estimates that require postclosing adjustment. Any variations in actual costs from those reflected hereon that result in overcharge or undercharges not in excess of $25,00 to any party shall be credited to or debited against closing fees charged by Atlantic Coastal Land Title Company, LLC. It is further understood, and the parties hereto agree, that all funds received by Atlantic Coastal Land Title Company, LLC may be placed in escrow accounts that may be subject to Overnight Repurchase Agreements between Atlantic Coastal and its depository bank. Interest earned as the result of such agreements, if any, is the property of Atlantic Coastal Land Title Company, U.C. The HUD- I Settlement Statement which I have prepared is a true and accurate account of this transaction. I have caused or will cause the fundi to be disbursed in accordance with this statement. Atlantic Coastal Land Title Company, LLC (Settlement Agent) Closing Date September 12th, 2013 WARNING: It is a crime to knowingly make false statements to the United States on this or any other similar form. Penalties upon conviction can include a fine or imprisonment. For details see: Title 18 U. S. Code Section 1001 and Section 1010. AGREEMENT TO PURCHASE AND SELL REAL ESTATE BETWEEN INDIAN RIVER COUNTY AND HELEN M . GLENN THIS, AGREEMENT TO PURCHASE AND SELL REAL ESTATE ( "Agreement") is made and entered into as of the q h.day of pTU� , 20l 1 by and between t'' Indian River County , a political subdivision of the State of Florida ( " the County" ) , 1801 27 Street , Vero Beach , FL 32960 , and Helen M . Glenn , 6550 33`d Street , Vero Beach , FL 32066 ( " Seller' ), who agree as follows : WHEREAS , the Seller Helen M . Glenn owns property located at 6550 33`d Street, Vero Beach, Florida , a sketch and legal description of the property is attached to this Agreement as Exhibit "A" and incorporated by reference herein; and WHEREAS , the County , is scheduled to expand 66`h Avenue in the future and the road expansion will impact and affect Seller' s property ; and WHEREAS , in order for the County to proceed with its road expansion plans, the Coun needs to purchase property to be used as right�of-way from landowners adjacent to .33` Street ; and WHEREAS , the County has contacted Seller and has offered to purchase an approximately 0 . 037 acre parcel of property from Seller to be used as right-of-way ' as depicted on Exhibit " A" (the Property ); and WHEREAS , the County is prepared to take the Property by using its power of eminent domain : and WHEREAS , Seller is represented by George A . Glenn , Esq . ; and WHEREAS , Seller and the County wish to avoid the risk, time and expense of litigation by entering into this agreement for sale and purchase of the Property ; NOW , THEREFORE , in consideration of the mutual terms , conditions , promises, covenants and premises hereinafter, the COUNTY and SELLER agree as follows : 1 . Recitals . The above recitals are affirmed as being true and correct and are incorpoiated herein 2 . Agreement to Purchase and Sell . The Seller hereby agrees to sell to the County, and the County hereby agrees to purchase from Seller , upon the terms and conditions set forth in this. Agreement , that certain parcel of real property located on the north side of 33rd Street east of 66` ' Avenue , Vero Beach , Florida and more specifically described as Parcel # 159 in the sketch and legal description attached as Exhibit "A containing approximately 0 . 077 acres , and all improvements' thereon , together with all easements , rights and uses now or hereafter belonging thereto (collectively , the " Property ' ) . 2 . 1 Purchase Price Effective Date . The purchase price (" Purchase Prise") for the Property shall be $ 10 , 000 (Ten Thousand Dollars ) . The Purchase Price shall be paid on the Closing Date , The Effective Date of this Agreement shall be the date upon which the County shall have approved the execution of this Agreement , either by approval by the Indian River County Board of County Commissioners at a formal meeting of such Board or by the County Administrator pursuant to his delegated authority . 3 . Title . Seiler shall convey marketable title to the Property by warranty deed free of claims, liens , easements and encumbrances of record or known to Seller ; but subject to property taxes for the year of Closing and covenants , restrictions and public utility easements of record provided ( a ) there exists at Closing no violation of any of the foregoing, and ( b ) none of the foregoing prevents County' s intended use and development of the Property ("Permitted Exceptions") . 3: 1 County may order an Ownership and Encumbrance Report or Title Insurance Commitment with respect to the Property . County shall within fifteen ( 15 ) days following the Effective Date of this Agreement deliver written notice to Seller of title defects . Title shall be deemed acceptable to County if ( a) County fails to deliver notice of defects within the time specified , or ( b ) County delivers notice and Seller cures the defects within thirty ( 30 ) days from receipt of notice from County of title defects ("Curative Period " ) , Seller shall use best efforts to cure the defects within the Curative Period and if the title defects are not cured within the Curative Period , County shall have thirty (30 ) days from the end of the Curative Period to elect , by written notice to Seller, to : ( i) to terminate this Agreement, whereupon shall be of no further force and effect , or (ii ) extend the Curative Period for up to an additional 90 days; or ( iii) accept title subject to existing defects and proceed to closing . 4 , Representations of the Seiler . 4 . 1 Seller Is property is encumbered by a mortgage with Chase Mortgage Company. The Seller shall permit County to contact Chase Mortgage Company and consent to County negotiating a partial release and satisfaction of mortgage on the Property. After the partial release Is obtained from Chase Mortgage Company Seller will be indefeasibly seized of marketable , fee simple title to the Property, and is the sole owner of and has good right , title ; and authority to convey and transfer the Property which is the subject matter of this Agreement , free and clear of all liens and encumbrances . 4 . 2 From and after the Effective Date of this Agreement , Seller shall take no action which would impair or otherwise affect title to any portion of the Property , and -shall record no documents in the Public Records which would affect title to the Property , without the prior written consent of the County. 4 . 3 There are no existing or pending special assessments affecting the Property , which are or may be assessed by any governmental authority , water or sewer authority , school 2 district , drainage district or any other special taxing district . 5 . Default . 5 . 1 In the event the County shall fail to perform any of its obligations hereunder , the Seller shall , at its sole option, be entitled to : ( i ) terminate this Agreement by written notice delivered to the County at or prior to the Closing Date and thereupon neither the Seller nor any other person or party shall have any claim for specific performance , damages, or otherwise against the County; or (ii) waive the County' s default and proceed to Closing . 5 . 2 In the event the Seller shall fail to perform any of its obligations hereunder , the titled o : (i ) terminate this Agreement by written notice County shall , at its sole option , be on delivered to the Seller at or prior to the Closing Date and thereupon neither the County nor any other person or party shall have any claim for specific performance , damages or otherwise against the Seller ; or ( ii ) obtain specific performance of the terms and conditions hereof ; or ( iii ) waive the Seller' s default and proceed to Closing : 6 . 99 in 6 . 1 The closing of the transaction contemplated herein ( "Closing " and " Closing Date" ) wing the execution of the contract by the Chairman of shall take place within 45 days follo the Board of County Commissioners . With the written consent of the Seller, the County or its agent shall be responsible for obtaining any partial releases or satisfactions of encumbrances on the Property . The closing date shall automatically be extended by a period of 30 days. if the delay in closing is attributable to obtaining partial satisfaction and release of mortgage( s ) encumbering the Property so long as the County is acting in good faith with the holder of the encumbrance to partially release or satisfy the encumbrance. The parties agree that the Closing shall be as follows ; (a ) The Seller shall execute and deliver to the County a warranty deed conveying marketable title to the Properly , free and .clear of all liens and encumbrances and in the condition required by paragraph 3 . ( V / e er he pr d Seib s Ant (c) er is obli d to o u c (d ) if the Seller is anon- resident alien or foreign entity, Seller shall deliver to the County an affidavit , in a form acceptable to the County , certifying that the Seller and any interest holders are not subject to tax under the Foreign Investment and Real Property Tax Act of 198:0. (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. 3 6 .2 Taxes . All taxes and special assessments which area 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 Se4ler . yam- ►� �` 7 . Closing Costs; Expenses . County shall be responsible for preparation of all Closing documents . 7 . 1 County shall pay t4ofg1lowina expense ing : 7 . 1 . 1 The cost of recording the warranty deed and any release , partial release or satisfaction obtained by Seiler pursuant to this Agreement . 7. 1 . 2 Documentary Stamps required to be affixed to the warranty deed . 7 . 1 .3 All costs and premiums for° the owner's marketability title insurance commitment 'and policy , if any . 7 ; ' All costs necessary to cure title defect(s) or encumbrances , other than the Permitted Exceptions , and to satisfy or release of record all exiting mo�rtgages�ens or encumbrances upon the Property: %v ` v^k j y/Gi 8 . Miscellaneous . 8 . 1 Controlling Law . This Agreement shall be construed and enforced in accordance with the laws of the State of Florida . Venue shall be in Indian River County for all state court matters , and in the Southern District of Florida for all federal court matters . 8 .2 Entire Agreement : This Agreement constitutes the entire agreement between the this transaction and supersedes all prior agreements , written or parties with respect to oral , between the Seller and the County relating to the 'subject matter hereof. Any modification or amendment to this Agreement shall be effective only if in writing and executed by each of the parties . 8 .3 Assignmentand Binding Effect. Neither County nor Seller may assign its rights and obligations under this, Agreement wrthout 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 . 8 .4Notices . 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. 4 If to Seller: If to County : Helen M . Glenn Indian River County P . O . Box 1047 1801 27th Street Vero Beach , FL 32961 - 1047 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. 8 . 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 onnection herewith , shall party , or in any instruments delivered pursuant hereto or in c 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 relied on only by the other party hereto , i solely for the benefit of, and maybe is successors rel and assigns , and are not made for the benefit of, nor may they be relied upon , by anyother person whatsoever, 86 Attorn ^y' s Fees and Costs . In any claim or controversy arising out of or relating to this Agreement , each party shall bear its own attorney' s fees , costs , and expenses. 8 . 7 Counterparts . This Agreement may be executed in two or more counterparts , each one of which shall constitute an original . 8 . 8 County Approval Required : This Agreement is subject to approval by the Indian River County as set forth in paragraph Z . 8 . 9 Beneficial Interest Disclosure : in the event Seller is a partnership , limited partnership , corporation , trust , or any form of representative capacity whatsoever for others , Seller shall provide a fully completed , executed , and sworn beneficial interest disclosure statement in the form attached to this Agreement as an exhibit that complies s with all of the provisions of Florida Statutes Section 286 . 23 prior to approval of 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 Seiler. 8 . 10 Fees and. Costs: The purchase price of $ 10 , 000 is inclusive of all costs and attorneys fees, 8 . 11 " Seller acknowledges receipt of the " Notice to Ownor" and understands his/her rights granted under Florida Law Chapters 73 and 74 . " �` . nitial ' 9 . Additional Responsibilities of the . County . 5 9 . 1 Seller shall be entitled to a zoning confirmation letter from the Planning Director stating the remaining parcel shall not be deemed non- conforming as a result of the County purchasing of the 33 Street right-of-way . 9 . 2 Any water meters that need to be relocated as a result of the construction shall be done so at the County' s expense . 9 . 3 The County or its Contractor shall replace the existing driveway with a similar size and type drive with a culvert underneath . 9 .4 if construction plans call for construction activities under the dripline of any tree on Seller, s property , The County or its Contractor shall hand dig and make clear cuts to any tree roots during the construction so as to keep damage to the trees to a minimum . 9 . 5 The County shall meet with the City of Vero Beach Utilities to cnot ate place ent of relocated power lines and poles to the County right of-way andproperty . 9 . 6 The attached road plans from station 412 + 20 to station 413 +00 are attached and incorporated herein as composite " Exhibit B . 9 . 7 This Purchase Agreement shall be contingent upon the approval and closing of all three properties individually owned by the Stephen and Frances Sherwood , Sharon and George Glenn and Helen Glenn . IN WITNESS WHEREOF , the undersigned have executed this Agreement as of the date first set forth above . INDIAN RIVER COUNTY , FLORIDA SELLER : BOARD OF COUNTY COMMISSIONERS ` f� 40 U �9 olari , Ch a rrrn � qt Helen M . Glenn Date �jpro jpd f� Yt'E CC ,- k IS . effre�y` K . a _ onC16 k, f it it Court -, Deputy ' erk QA1 prove11 d : J epl) A . t3aird , County Administrator A : F ` d a fti (olgal Sufficiency: wimam K . DeBraal , Deputy County Attorney 6 iWM.tiM�v.A+Nr�`+�r+o.liw.+i.w.Ywnwar`drMwr`..n+,sw X " All SKETCH TO ACCOMPANY DESCRIPTION . _. _ r, _ . . . . . . ._ ... . _ . ._. .. . . _ . . . . . ..,_ ,. _. . ,. . THIS IS NOT A SURVEY! LOCATION MAP; NOT TO SCALE o' 41 tY S S: Gfforl Rd . 26 (ol — 30 29 � . 28 � - BorberS Ave . Q �\�\� HELEN M . GLENN e, Y 3: herr1{1 P- Site: N LE1ne :c 33 5 c P36 I X31 32 — Walker ptws Ave . U) — % ERO a, 4 � MALLS 4 60 , LEGAL DESCRIPTION : PARCEL 159 0 THE NORTH 20600 FEET OF THE * FEET OF THAT PARCEL OF A PARCEL OF LAND BEIN RECORDS BOOK 685 , PAGEOUTH 29326OFOTHE PUBLIC RECORDS OF LAND DESCRIBED IN INDIAN RIVER COUNTY$ ToPLAT THEPLAT ITHERENG IOF! AS RECORDED THN TRACT 51 DIN PLAT EBOOK R2 , SPAGE� 25N PUB C OF LANDS, ACCORDING RECORDS , SAINT LUCIE COUNTYI FLORIDA, ALL SAID LANDS LYING WITHIN SECTION 32 , TOWNSHIP ,32 SOUTH, RANGE 39 EAST, INDIAN RIVER COUNTY, FLORIDA. CONTAINING 0 .077 -ACRES, MORE OR LESS . CERTIFICATION : I HEREBY CERTIFY STANDARDSt CHAPTER 6100011 FLORIDAATTACHED CH OF ADMINMTRATIVETCODE AS SET WITH THE SURVEYING NG FORTH BY THE FLORIDA SUANT TO SECTION 472,027. TES IS TRUE BOARD OF PROFESSIONAL SURVEYORS �Y KNOWLEDGE SAND REEL F. UNLESS IT BEARS THE FLORIDA TUAND � THE OORIGIN& AND CORRECT TO THE BES RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND 'MAPPER, THIS LEGAL DESCRIPTION AND SKETCH IS FOR INFORMATIONAL PURPOSES ONLY AND IS NOT VALID, rTHERE S NOT A SKETCH Of SURVEY, OUT ONLY A ICTION OF THE DESCRIPTION SHOWN HEREON . BEEN N0 FIELD WORK , VIEWING OF THEAIM PERTY, OR MONUMENTS SET IN CONNECTIONPERRY C. WHITE EPARATION OF THE INFORMATION SHOWN PROFESSIONAL LAND SURVEYOR AND MAPPER HEREON. NOTE: LANDS SHOWN HEREON WERE NOT LICENSE NO. 4213, STATE OF FLORIDA ABSTRACTED FOR RESTRICTIONS, RIGHTS-OF- WAY AND DATE: 9/4/07 REVISED 9/ 14/07 BEJ EASEMENTS OF RECORD. CHECKED ter EGT t1ANFBER OpE NEHi 'hWER 5�!�E CN 60' 3 SIM 111EE 04/02/01 B Ey m ey ORAWYC NU1�BEf1 ARCADIS � noolrloNAL R/w �+� Nu► IER ARCAtS U . S . , INC , wPool0s3 10530159 b 2081 Y61a PaAcID Tei 06T) 6917000 Fax: (5611691.1161 MEET 1 OF 2. wqupolmflearh FW4833411 xwYraw6b�►.00m SKETCH TOACCOMPANY DESCRIPTION . (HIS IT S NOA SURVEY ! LEGEND $ @ — BASELINE C — CALCULATED 11 IRFC — INDIAN RIVER FARMS COMPANY a L LEFT IO.R.B . — OFFICIAL RECORDS BOOK - - P.B. — PLAT BOOK PG. — PAGE — �- - - - r - - - - -- -- - - - - r I R - RIGHT 1 ! i j rl i R/W — RIGHT- OF —WAY STA. — STATION S:L:C.R. — ST. LUCIE COUNTY RECORDS I 1 n r 1 r I TRACT 5 1 1 r I P . B . 2 , PG.25 , m A PORTION OF TRACT 5 a u ; i OAK CHASE SUBDIVISION- PHASE I P. 6. 2 , PG. 25, S.L,C, R. ! I ,r, l I I P586 151 PG. 77 r h I ADDRESS: 6520 33RD STREET I VERO BEACH , FL. , 32966 w 200001005000002.0PID -32393 � O.R. B . 685, PG . 2932 — I 66 . ; 15' UTILITY AND I r I L�506' i I — I I -` i i�DRAINAGE EASEMENT STAN 412 + 17.55 ' ! 13.8 . 150 PGO 77 n OFFSET. 40.64 L I0 a ( I STA: 412 + 97;22 ! ti c7 z c.; 159 I ; /OFFSET: 42:36 L'cn f INX 158 i SW2511219 1 m I LL' m $ I ' 20 .0Q' I I a o S00' 25' 12"W 589'56`28"Rw'I o ' TRACT 11K 15Z , , ""�"'` N89'3626 Y` - SYA 412-ty7 .53 20 ADDITIONAL. R/W ?9.69' QFFSET° 22.3.6 L lob n 411t00412 +0 41x +00q 415 + 00 STA: 412+ 17 .85 4 3+0 33RD STREHERRYLME, � OFF56hL _30' EXISTING R SOUTH UNE OF TRACT 5 "� O.R:B. 96Q, PG . 2157 — 30' EXISTING R/W 60' SUB— LATERAL "A- 4" CANAL SOUTH LINE 0.11 .6. 992, PG. 70"1 tNOIAN RIVER FARMS CO. PLAT OF LANDS OF N .W . ONE-QUARTER P .B. 2 , PG. 25 , S. L .C. R • OF S89'56 26? f i i 7 t t~S ' i 1 i SrRc{7WAC tuxs: FRANK DAnF:42TN RICtrARJSGY 11 SHARON N Gtf1 ; fR1 cFS G . SH647u"C+t1 d h R v i t r. sEz�-Sz='STE1 u mat t mvq 1 i I'i ODrS �•� g lJ . ._ . all t me1_ qO To Yc+r enrc�,u i.Of cr S r. R . TTER 7Y f w a7c K v tm - ncnc t : i_Rl 1 COWST _ - - - _ 338D STREET _ ^ _ — — - — C005r, arc, i carrot rrrr41 r - l r ' x�sy ��LVLr4 Yzw tw tz .o• - . Yv,.i - _ . mmmmw ill . <R. occ acs. momw t [ov Riir & , S S- AT£RAL A-4 CANAL — c'K . u,. rw r. •p• R4 Kn.7w M I mar c«�.- -_ 1•==co: ' i t a wars OF owaTA%cr a ,« c. �' w . raves cF mwsrR rcr x — =� � ^ w 3. 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Q K A' r AVE p' 1 ARM 7 �E A er* r wrc. .e,.�(.K -. .a•. _ �._ i ^R 0• ' SI ({rING a PAXttkiq MiJrA 11'(. Y. A!:'. ` I ©epo//ment of Public V/orks �- ,•F • _ - Division fGLE4. ss rARCADIS u.s , INC VE 6E I I,Tal MU OPAPKWAYa TE37 /ACM INE404M rE 334k1 4 I , - rrclo AND" Nee 33RD STREET �•- ' NTir1 41T.T000. VM GSGrY 07• 1731 cc GGaTawnlo»'Vr�TaT9w•ur H"ASAY ... . ...�� ... ..__ .. . . ... _ . A . Settlement Statement Prepared by: Atlantic Coastal Land Title Company, LLC 855 21 st Street, Suite C, Vero Beach, Florida 32960 B. Type of Loan T41078574 File Number 7. Loan Number S. Mortgage Insurance Case No. 1 . 11 FHA 2. � FmHA 3 . 11 Conv. Unins. 4, 11 VA 5 . o Conv. Ins. C. Note : This form is furnished to give you a statement of actual settlement costs. Amounts paid to and by the settlement agent are shown. Items marked "(p. o.c.) " were paid outside the closing; they are shown here for informational purposes and are not included in the totals. D NAME AND ADDBEADFBuy¢ Indian River County, a political subdivision of the State of Florida 1801 27th St Vero Beach, FL 32960 E. NAME AND ADDRESS OF SELLER: George A. Glenn and Frances G. Sherwood, as Personal Representatives of the Estate of Helen M. Glenn, deceased 2165 15th Ave Vero Beach, FL F NAME AND ADDRESS OF UND : N/A D. MOMn LMAT'DN: 6550 331 St, Vero Beach, FL 32%6 y. SEfREAFM DATE N. SERIPAffiI+rAGENT: Atlantic Coastal Land Title Company, LLC ru� oF SErr�MENr 855 21st Street, Suite C, Vero Beach, Florida 32960 September 12th 2013 101 . Contract Sales Price $ 10,000.00 401 . Contract Sales Price $ 10,000.00 102. Personal Property 402. Personal Property 103 . Settlement charges to Buyer: $ 793.90 403 , 104. 404, 105 . 405, 1In 07 . Count Taxes ClosingDate to 12/31 $ 0.005 407 Count Taxes Closing31 $Date to 12/r1i3S . . 0.00 <, 108 . Assessments to 408 . Assessments to - 109. - 409. 110, 410. 1 l 1 . __ 411 . 112. ---------- --- 412. 120. GROSS DUE FM Buyer: $ 10,793.90 420. GROSS DUE TO SELLER: $ 10,000.00 VREIMINOMMI MGM Ill MEJUJIthIALIM 201 . Deposit or earnest money 501 . Excess deposit (see instructions) 202. Principal amt of new loan $ 0.00 502. Settlement Charges to seller $ 0.00 203 . Existing loans taken subject to 503 . Existing loans taken subject to 204 - --- - 504. Payoff of first mortgage loan 205 . 505 . Payoff of second mortgage loan 206. 506. 207 , 507' 208 , 508. 209, 509. 0% REM F RAN M fl 211 , County Taxes 1/1 - Closing Date $ 0.00 511 . County taxes 1/1 - Closing Date $ 0.00 212. Assessments to 512. Assessments to 213 . 513 . 214, 514, 215. 515 . _ .-- 216. 516. 217 . 517 . _- 218. - - - 518 . 519. 219. ---- -- 0 520, TOTAL REDUCTIONS IN $ 0.00 220. TOTAL PAID BY/FOR Buyer: $ AMOUNT DUE TO SELLER: 301 . Gross amt due from Buyer $ 10,793.90 601 . Gross amt due to seller $ 10,000.00 302. Less amt paid by/for Buyer $ 0.00 602. Less reductions in amt due seller $ 0.00 > 303. CASH FROM Buyer: $ 10l793090 603. CASH TO SELLER: $ 10,000.00 HUD4 (3-86) RESPA, HB 4305 .2 L. SETTLEMENT CHARGES 700. TOTAL SALES/BROKER'S COMMISSION: $, BASED ON PRICE OF $ 109000.00, PAID FROM PAID FROM @ % = $ BuyerS SELLER'S DIVISION OF COMMISSION ( Line 700 ) AS FOLLONN S : FUNDS AT FUNDS AT 701 . $ to SETTLEMENT SETTLEMENT 702. $ to 703. Commission paid at settlement 801 . Loan Origination fee % to 802. Loan Discount % to 803 . Appraisal Fee to: 804. Credit Report to: 805 . Lender's Inspection fee to: 806. Mortgage Insurance application fee to: 807. Assumption fee to: 808. 809, 810, 811 . 9009 1111,14 ,11S REQUIRED BY LENDERTO BF PAID INADVANCIIdo 901 . Interest from to @ $ /day 902. Mortgage insurance premium for mos to 903 . Hazard insurance premium for yrs to 904. Flood insurance premium for yrs to 905. 1000. RESERN 14's DEPOSITED NVIT11 LENDER : 1001 . Hazard insurance months @ $ per month 1002. Mortgage insurance months @ $ per month 1004. County property taxes months @ $ per month 1006. Flood insurance months @ $ per month 1007. Aggregate Adjustment Amount 1101 . Settlement or closing fee to Atlantic Coastal Land Title Company, LLC $ 500.00 $ 0.00 1102. Abstract or title search to Atlantic Coastal Land Title Company, LLC $ 85.00 $ 0.00 1103. Title Examination to Atlantic Coastal Land Title Company, LLC $ 0.00 1104. Title insurance binder to 1105. Document preparation to 1106. Notary fees to 1107. Attorney's fees to 1108. Title insurance to Atlantic Coastal Land Tide Company, LLC $ 100.00 $ 100.00 $ 0.00 1109. Lender's coverage $ 1110. Owner's coverage $ 10,000.00 1111 . Florida Comprehensive Endorsement (Form 9) 1112. ALTA Environmental Protection Lien Endorsement Form 8 . 1 1113 1114. 1115. 1201 . Recording fees: PR Deed $36.20; Quit Claim Deed: $19.20 $ 55 .40 1203. State tax/stamps: Deed $; Mortgage $ $ 0.00 $ 0.00 1204. Intangible tax on Mortgage $ 0.00 1205. Partial Release of Mortgage $ 18 .50 1206. 1301 . Survey to 1302. Pest inspection to 1303. Express delivery fees to Atlantic Coastal Land Title Company, LLC 1304, Wire Fee to Atlantic Coastal/CenterState Bank $ 15.00 1305. File Scan/Digital Archive Fee to Forensis Technologies $ 20.00 1306. 1307. 1308, 1309. 1310, 1311 , 1312, 1400. TOTAL SETTLEMENT CHARGES (Enter on tine 103, Section 7 • and • line 502, section K) $ 79190 $ 0.00 I have carefully reviewed the HUD- 1 Settlement Statement and to the best of my knowledge and belief, it is a true and accurate statement of all receipts and disbursements made on my account or by me in this transaction. I further certify that I have received a copy of HUDA Settlement Statement. Sellers: George A. Glenn, as Personal Representative of the Estate of Helen M. Glenn, deceased Frances G. Sherwood , as Personal Representative of the Estate of Helen M. Glenn, deceased Buyers: Indian River County, a political s ivision of the State of Florida By William K. DeBraal its Deputy County Attorney Some costs reflected hereon may be based on good faith estimates that require post-closing adjustment. Any variations in actual costs from those reflected hereon that result in overcharges or undercharges not in excess of $25 .00 to any party shall be credited to or debited against closing fees charged by Atlantic Coastal Land Title Company, LLC. It is further understood, and the parties hereto agree, that all funds received by Atlantic Coastal Land Title Company, LLC may be placed in escrow accounts that may be subject to Overnight Repurchase Agreements between Atlantic Coastal and its depository bank. Interest earned as the result of such agreements , if any , is the property of Atlantic Coastal Land Title Company, LLC. The HUD- I Settlement Statement which I have prepared is a true and accurate account of this transaction . I have caused or will cause the funds to be disbursed in accordance with this statement. Atlantic Coastal Land Title Company, LLC (Settlement Agent) Closing Date : September 12th, 2013 WARNING: It is a crime to knowingly make false statements to the United States on this or any other similar form. Penalties upon conviction can include a fine or imprisonment. For details see: Title 18 U. S. Code Section 1001 and Section 1010.