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HomeMy WebLinkAbout2010-310 01UG NA]L o. AGREEMENT TO PURCHASE , SELL , AND LEASE REAL ESTATES y BETWEEN INDIAN RIVER COUNTY Z - � � ( - AND GEORGE A . AND SANDRA R . KAHLE THIS AGREEMENT TO PURCHASE AND SELL REAL ESTATE ( "Agreement" ) is made and entered into as of the 14th day of December , 20101 by and between Indian River County , a political subdivision of the State of Florida ( "the County" ) , and George A . and Sandra R . Kahle , (Sellers ") , who agree as follows : WHEREAS , George A . and Sandra R . Kahle owns property located at the southwest corner of the intersection of 66th Avenue and 4th 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 66th Avenue in the future and the road expansion will impact and affect George A . and Sandra R . Kahle ; and WHEREAS , in order for the County to proceed with its road expansion plans , the County needs to purchase property to be used as right- of-way from landowners adjacent to 66th Avenue ; and WHEREAS , the County has contacted George A . and Sandra R . Kahle and has offered to purchase right-of-way of approximately 200 square feet of property as depicted on Exhibit "A" (the Property) and a 25 , 955 square feet temporary construction easement as depicted on Exhibit " B " (the Property) from George A . and Sandra R . Kahle and WHEREAS , the County is prepared to take the Property by using its power of eminent domain ; and WHEREAS , George A . and Sandra R . Kahle 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 incorporated 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 at the southwest corner of the intersection of 66th Avenue and 4th Street , Vero Beach , Florida and more specifically described in the sketch and legal description attached as Exhibit "A" , fee simple , containing approximately 200 square feet , all improvements thereon , together with all easements , 1 ORIGINAL 0 AGREEMENT TO PURCHASE , SELL , AND LEASE REAL ESTATE Y BETWEEN INDIAN RIVER COUNTY AND fo GEORGE A . AND SANDRA R . KAHLE THIS AGREEMENT TO PURCHASE AND SELL REAL ESTATE ( "Agreement") is made and entered into as of the 14 th day of December . , 20101 by and between Indian River County , a political subdivision of the State of Florida ( "the County") , and George A . and Sandra R . Kahle , ( Sellers ") , who agree as follows .- WHEREAS , ollows :WHEREAS , George A . and Sandra R . Kahle owns property located at the southwest corner of the intersection of 66th Avenue and 4th 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 66th Avenue in the future and the road expansion will impact and affect George A . and Sandra R . Kahle ; and WHEREAS , in order for the County to proceed with its road expansion plans , the County needs to purchase property to be used as right- of-way from landowners adjacent to 66th Avenue ; and WHEREAS , the County has contacted George A . and Sandra R . Kahle and has offered to purchase right-of-way of approximately 200 square feet of property as depicted on Exhibit "A " (the Property) and a 25 , 955 square feet temporary construction easement as depicted on Exhibit " B " (the Property) from George A . and Sandra R . Kahle and WHEREAS , the County is prepared to take the Property by using its power of eminent domain ; and WHEREAS , George A . and Sandra R . Kahle 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 incorporated 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 at the southwest corner of the intersection of 66th Avenue and 4th Street , Vero Beach , Florida and more specifically described in the sketch and legal description attached as Exhibit "A" , fee simple , containing approximately 200 square feet , all improvements thereon , together with all easements , I ORIGINAL i rights and uses now or hereafter belonging thereto ( collectively , the " Property" ) . Also , the purchase will include a temporary construction easement , containing 25 , 955 square feet , running along the northern and eastern boundaries of the property , as described in Exhibit « B „ 2 . 1 Purchase Price , Effective Date . The purchase price (" Purchase Price " ) for the Property shall be $ 7 , 100 ( Seven Thousand One Hundred Dollars ) inclusive of attorney fees . The Purchase Price shall be paid on the Closing Date . The Effective Date of this Agreement shall be the date upon which the County shall have approved the execution of this Agreement , either by approval by the Indian River County Board of County Commissioners at a formal meeting of such Board or by the County Administrator pursuant to his delegated authority . 3 . Title . Seller shall convey marketable title to the Property by warranty deed free of claims , liens , easements and encumbrances of record or known to Seller , but subject to property taxes for the year of Closing and covenants , restrictions and public utility easements of record provided ( a ) there exists at Closing no violation of any of the foregoing ; and ( b ) none of the foregoing prevents County' s intended use and development of the Property ( " Permitted Exceptions " ) . 3 . 1 County may order an Ownership and Encumbrance Report or Title Insurance Commitment with respect to the Property . County shall within fifteen ( 15 ) days following the Effective Date of this Agreement deliver written notice to Seller of title defects . Title shall be deemed acceptable to County if ( a ) County fails to deliver notice of defects within the time specified , or ( b ) County delivers notice and Seller cures the defects within thirty ( 30 ) days from receipt of notice from County of title defects ( " Curative Period " ) . Seller shall use best efforts to cure the defects within the Curative Period and if the title defects are not cured within the Curative Period , County shall have thirty ( 30 ) days from the end of the Curative Period to elect , by written notice to Seller , to : ( i ) to terminate this Agreement , whereupon shall be of no further force and effect , or ( ii ) extend the Curative Period for up to an additional 90 days ; or ( iii ) accept title subject to existing defects and proceed to closing . 4 . Representations of the Seller . 4 . 1 Seller is indefeasibly seized of marketable , fee simple title to the Property , and is the sole owner of and has good right , title , and authority to convey and transfer the Property which is the subject matter of this Agreement , free and clear of all liens and encumbrances . 4 . 2 From and after the Effective Date of this Agreement , Seller shall take no action which would impair or otherwise affect title to any portion of the Property , and shall record no documents in the Public Records which would affect title to the Property , without the prior written consent of the County . 4 . 3 . 1 There are no existing or pending special assessments affecting the Property , which are or may be assessed by any governmental authority , water or sewer authority , school district , drainage district or any other special taxing district . 2 ORIGINAL i rights and uses now or hereafter belonging thereto ( collectively , the " Property" ) . Also , the purchase will include a temporary construction easement , containing 25 , 955 square feet , running along the northern and eastern boundaries of the property , as described in Exhibit « B „ 2 . 1 Purchase Price , Effective Date . The purchase price (" Purchase Price " ) for the Property shall be $ 7 , 100 ( Seven Thousand One Hundred Dollars ) inclusive of attorney fees . The Purchase Price shall be paid on the Closing Date . The Effective Date of this Agreement shall be the date upon which the County shall have approved the execution of this Agreement , either by approval by the Indian River County Board of County Commissioners at a formal meeting of such Board or by the County Administrator pursuant to his delegated authority . 3 . Title . Seller shall convey marketable title to the Property by warranty deed free of claims , liens , easements and encumbrances of record or known to Seller , but subject to property taxes for the year of Closing and covenants , restrictions and public utility easements of record provided ( a ) there exists at Closing no violation of any of the foregoing ; and ( b ) none of the foregoing prevents County' s intended use and development of the Property ( " Permitted Exceptions " ) . 3 . 1 County may order an Ownership and Encumbrance Report or Title Insurance Commitment with respect to the Property . County shall within fifteen ( 15 ) days following the Effective Date of this Agreement deliver written notice to Seller of title defects . Title shall be deemed acceptable to County if ( a ) County fails to deliver notice of defects within the time specified , or ( b ) County delivers notice and Seller cures the defects within thirty ( 30 ) days from receipt of notice from County of title defects ( " Curative Period " ) . Seller shall use best efforts to cure the defects within the Curative Period and if the title defects are not cured within the Curative Period , County shall have thirty ( 30 ) days from the end of the Curative Period to elect , by written notice to Seller , to : ( i ) to terminate this Agreement , whereupon shall be of no further force and effect , or ( ii ) extend the Curative Period for up to an additional 90 days ; or ( iii ) accept title subject to existing defects and proceed to closing . 4 . Representations of the Seller . 4 . 1 Seller is indefeasibly seized of marketable , fee simple title to the Property , and is the sole owner of and has good right , title , and authority to convey and transfer the Property which is the subject matter of this Agreement , free and clear of all liens and encumbrances . 4 . 2 From and after the Effective Date of this Agreement , Seller shall take no action which would impair or otherwise affect title to any portion of the Property , and shall record no documents in the Public Records which would affect title to the Property , without the prior written consent of the County . 4 . 3 . 1 There are no existing or pending special assessments affecting the Property , which are or may be assessed by any governmental authority , water or sewer authority , school district , drainage district or any other special taxing district . 2 ORIGINAL 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 . The parties agree that the Closing shall be as follows : ( a ) The Seller shall execute and deliver to the County a warranty deed conveying marketable title to the Property , free and clear of all liens and encumbrances and in the condition required by paragraph 3 . ( b ) The Seller shall have removed all of its personal property and equipment from the Property and Seller shall deliver possession of the Property to County vacant and in the same or better condition that existed at the Effective Date hereof. ( c) If Seller is obligated to discharge any encumbrances at or prior to Closing and fails to do so , County may use a portion of Purchase Price funds to satisfy the encumbrances . (d ) 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 . 6 . 2 Taxes . All taxes and special assessments which are a lien upon the property on or prior to the Closing Date (except current taxes which are not yet due and payable ) shall be paid by the Seller . 7 . Closing Costs ; Expenses . County shall be responsible for preparation of all Closing documents . 3 ORIGINAL 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 . The parties agree that the Closing shall be as follows : ( a ) The Seller shall execute and deliver to the County a warranty deed conveying marketable title to the Property , free and clear of all liens and encumbrances and in the condition required by paragraph 3 . ( b ) The Seller shall have removed all of its personal property and equipment from the Property and Seller shall deliver possession of the Property to County vacant and in the same or better condition that existed at the Effective Date hereof. ( c) If Seller is obligated to discharge any encumbrances at or prior to Closing and fails to do so , County may use a portion of Purchase Price funds to satisfy the encumbrances . (d ) 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 . 6 . 2 Taxes . All taxes and special assessments which are a lien upon the property on or prior to the Closing Date (except current taxes which are not yet due and payable ) shall be paid by the Seller . 7 . Closing Costs ; Expenses . County shall be responsible for preparation of all Closing documents . 3 018l[GINA>L 7 . 1 County shall pay the following expenses at Closing : 7 . 1 . 1 The cost of recording the warranty deed and any release or satisfaction obtained by Seller pursuant to this Agreement . 7 . 1 . 2 Documentary Stamps required to be affixed to the warranty deed . 7 . 1 . 3 All costs and premiums for the owner' s marketability title insurance commitment and policy , if any . 7 . 2 Seller shall pay the following expenses at or prior to Closing : 7 . 2 . 1 All costs necessary to cure title defect ( s ) or encumbrances , other than the Permitted Exceptions , and to satisfy or release of record all existing mortgages , liens or encumbrances upon the Property . 8 . Miscellaneous . 8 . 1 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 Condemnation . In the event that all or any part of the Property shall be acquired or condemned for any public or quasi - public use or purpose , or if any acquisition or condemnation proceedings shall be threatened or begun prior to the Closing of this transaction , County shall have the option to either terminate this Agreement , and the obligations of all parties hereunder shall cease , or to proceed , subject to all other terms , covenants , conditions , representations and warranties of this Agreement , to the Closing of the transaction contemplated hereby and receive title to the Property ; receiving , however , any and all damages , awards or other compensation arising from or attributable to such acquisition or condemnation proceedings . County shall have the right to participate in any such proceedings . 8 . 3 Entire Agreement . This Agreement constitutes the entire agreement between the parties with respect to this transaction and supersedes all prior agreements , written or oral , between the Seller and the County relating to the subject matter hereof . Any modification or amendment to this Agreement shall be effective only if in writing and executed by each of the parties . 8 . 4 Assignment and Binding Effect . Neither County nor Seller may assign its rights and obligations under this Agreement without the prior written consent of the other party . The terms hereof shall be binding upon and shall inure to the benefit of the parties hereto and their successors and assigns . 8 . 5 Notices . Any notice shall be deemed duly served if personally served or if mailed by certified mail , return receipt requested , or if sent via " overnight" courier service or facsimile transmission , as follows : 4 018l[GINA>L 7 . 1 County shall pay the following expenses at Closing : 7 . 1 . 1 The cost of recording the warranty deed and any release or satisfaction obtained by Seller pursuant to this Agreement . 7 . 1 . 2 Documentary Stamps required to be affixed to the warranty deed . 7 . 1 . 3 All costs and premiums for the owner' s marketability title insurance commitment and policy , if any . 7 . 2 Seller shall pay the following expenses at or prior to Closing : 7 . 2 . 1 All costs necessary to cure title defect ( s ) or encumbrances , other than the Permitted Exceptions , and to satisfy or release of record all existing mortgages , liens or encumbrances upon the Property . 8 . Miscellaneous . 8 . 1 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 Condemnation . In the event that all or any part of the Property shall be acquired or condemned for any public or quasi - public use or purpose , or if any acquisition or condemnation proceedings shall be threatened or begun prior to the Closing of this transaction , County shall have the option to either terminate this Agreement , and the obligations of all parties hereunder shall cease , or to proceed , subject to all other terms , covenants , conditions , representations and warranties of this Agreement , to the Closing of the transaction contemplated hereby and receive title to the Property ; receiving , however , any and all damages , awards or other compensation arising from or attributable to such acquisition or condemnation proceedings . County shall have the right to participate in any such proceedings . 8 . 3 Entire Agreement . This Agreement constitutes the entire agreement between the parties with respect to this transaction and supersedes all prior agreements , written or oral , between the Seller and the County relating to the subject matter hereof . Any modification or amendment to this Agreement shall be effective only if in writing and executed by each of the parties . 8 . 4 Assignment and Binding Effect . Neither County nor Seller may assign its rights and obligations under this Agreement without the prior written consent of the other party . The terms hereof shall be binding upon and shall inure to the benefit of the parties hereto and their successors and assigns . 8 . 5 Notices . Any notice shall be deemed duly served if personally served or if mailed by certified mail , return receipt requested , or if sent via " overnight" courier service or facsimile transmission , as follows : 4 OPJGINAL If to Seller : Rossway , Moore , & Taylor Attn - Thomas W . Tierney/ Kahle 2101 Indian River Blvd . , Ste 200 Vero Beach , FL 32960 If to County : Indian River County 1801 27th Street Vero Beach , FL . 32960 Attn : Land Acquisition/ Louise Gates Either party may change the information above by giving written notice of such change as provided in this paragraph . 8 . 6 Survival and Benefit . Except as otherwise expressly provided herein , each agreement , representation or warranty made in this Agreement by or on behalf of either party , or in any instruments delivered pursuant hereto or in connection herewith , shall survive the Closing Date and the consummation of the transaction provided for herein . The covenants , agreements and undertakings of each of the parties hereto are made solely for the benefit of, and may be relied on only by the other party hereto , its successors and assigns , and are not made for the benefit of, nor may they be relied upon , by any other person whatsoever . 8 . 7 Attorney ' s Fees and Costs . In any claim or controversy arising out of or relating to this Agreement , each party shall bear its own attorney ' s fees , costs , and expenses . 8 . 8 . Counterparts . This Agreement maybe executed in two or more counterparts , each one of which shall constitute an original . 8 . 9 . County Approval Required : This Agreement is subject to approval by the Indian River County as set forth in paragraph 2 . 8 . 10 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 . 11 Fees and Costs : Attorney fees are considered inclusive in the purchase price . 5 OPJGINAL If to Seller : Rossway , Moore , & Taylor Attn - Thomas W . Tierney/ Kahle 2101 Indian River Blvd . , Ste 200 Vero Beach , FL 32960 If to County : Indian River County 1801 27th Street Vero Beach , FL . 32960 Attn : Land Acquisition/ Louise Gates Either party may change the information above by giving written notice of such change as provided in this paragraph . 8 . 6 Survival and Benefit . Except as otherwise expressly provided herein , each agreement , representation or warranty made in this Agreement by or on behalf of either party , or in any instruments delivered pursuant hereto or in connection herewith , shall survive the Closing Date and the consummation of the transaction provided for herein . The covenants , agreements and undertakings of each of the parties hereto are made solely for the benefit of, and may be relied on only by the other party hereto , its successors and assigns , and are not made for the benefit of, nor may they be relied upon , by any other person whatsoever . 8 . 7 Attorney ' s Fees and Costs . In any claim or controversy arising out of or relating to this Agreement , each party shall bear its own attorney ' s fees , costs , and expenses . 8 . 8 . Counterparts . This Agreement maybe executed in two or more counterparts , each one of which shall constitute an original . 8 . 9 . County Approval Required : This Agreement is subject to approval by the Indian River County as set forth in paragraph 2 . 8 . 10 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 . 11 Fees and Costs : Attorney fees are considered inclusive in the purchase price . 5 OidGINAlL 8 . 12 " Seller acknowledges receipt of the " Notice to Owner" and unqqrstands his/her rights granted under Florida Law Chapters 73 and 74 . " Initi S IN WITNESS WHEREOF , the undersigned have executed this Agreement as of the date first set forth above . INDIAN RIVER COUNTY , FLORIDA BOARD OF COUNTY COMMISSIONERS Bob Solari , Chairman George A . Ka le Date Apprgyed by BCC Dec . 14 , 2010 000 t a .p� jssioN o, � ,. • . F9 0 q : go* ° {� . T 6 L ad 's f ; a andra R . Kahle Date o AT o . ',• , . :moo' o je �3n , C e of Circuit Court ° ° goes , . 0 . ae n •• a ••••• s D uty Clerk Approved : ?seph A . Baird , County Administrator Approved as t0;9 o F nd egal Sufficiency : ]JAoj , County Attorney 6 OidGINAlL 8 . 12 " Seller acknowledges receipt of the " Notice to Owner" and unqqrstands his/her rights granted under Florida Law Chapters 73 and 74 . " Initi S IN WITNESS WHEREOF , the undersigned have executed this Agreement as of the date first set forth above . INDIAN RIVER COUNTY , FLORIDA BOARD OF COUNTY COMMISSIONERS Bob Solari , Chairman George A . Ka le Date Apprgyed by BCC Dec . 14 , 2010 000 t a .p� jssioN o, � ,. • . F9 0 q : go* ° {� . T 6 L ad 's f ; a andra R . Kahle Date o AT o . ',• , . :moo' o je �3n , C e of Circuit Court ° ° goes , . 0 . ae n •• a ••••• s D uty Clerk Approved : ?seph A . Baird , County Administrator Approved as t0;9 o F nd egal Sufficiency : ]JAoj , County Attorney 6 5 q ' ,Y SKETCH AND .OESC _RMIJON � SURVEYORS NOTES : SOT A i 1 . UNLESS IT BEARS THE SIGNATURE AND THE ORIGINAL RAISED SEAT_ OF A F '_ ORIDA i_ I I, EIY -ALU jlJ1 \ Y% �L I J �\ i'11V IJ wlAf i EP. ii ri DRAA'4NC , ..SP KETCH ) LIi" i4'i �. 1"OR n 11 OR LEGAL DESCRIPTION OF PROPOSED RIGHT— OF— WAY CORNER CLIP INFORMATIONAL PURPOSES ONLY AND IS NOT VALID . I PARCEL #4 • 2 . LANDS SHOWN HEREON WERE NOT ABSTRACTED OR RESEARCHED BY IHIS "OFFICE FOR RIGHTS — OF - 4VA `i, EASEMIENTS OF RECORD RESERVATIONS , OWNERSHIP A PARCEL OF LAND SITUATE IN PART OF TRACT 9 , SECTION 18 , J Y ABANDONMENT, DEED RESTRICTIONS , ZONING REGULATIONS OR SETBACK LINES ; LAND TOWNSHIP 33 SOUTH , RANGE 39 EAST, ACCORDING TO THE LAST USE PLAN DESIGNATION , ADJOINING DEEDS OR MURPHY ACT DEEDS . THIS SKz. TCH IS GENERAL PLAT OF LANDS OF THE INDIAN RIVER FARMS COMPANY' S NOT INTENDED TO DELINEATE WETLANDS , LOCAL AREAS OF CONCERN OR ANY OTHER SUBDIVISION , AS RECORDED IN PLAT BOOK 2 , PAGE 25 , PUBLIC JURISDICTIONAL DETERMINATION . E RECORDS OF ST, LUCIE COUNTY, FLORIDA , NOW LYING AND BEING IN i INDIAN RIVER COUNTY, FLORIDA , BEING MORE PARTICULARLY DESCRIBED 3 . THIS DESCRIPTION AND SKETCH CONSISTS OF ( 2 ) TWO SHI__ ETS, ( 1 ) ONE IS NOT AS FOLLOWS: VALID WITHOUT THE OTHER . i I I BEGINNING AT THE NORTHEAST CORNER OF THAT CERTAIN PARCEL OF 4, THIS EXHIBIT DOES NOT INTEND TO REFLECT OR DETERMINE OWNERSHIP , LAND DESCRIBED IN OFFICIAL RECORDS BOOK '1376 , PAGE 2100 OF THE PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA, RUN SOUTH 5 . THIS IS NOT A BOUNDARY SURVEY, A FIELD SURVEY WAS NOT PERFORMED . THIS 00001 ' 36 " EAST ALONG THE WEST RIGHT OF WAY LINE OF 66TH IS A SKE "ICH OF LEGAL DLSCRIPHUN ONLY . AVENUE , ( SAID WEST RIGHT OF WAY LINE BEING THE WEST LINE OF THE ADDITIONAL 50 . 00 FEET STRIP OF LAND DESCRIBED IN OFFICIAL 6 . BEARINGS ( IF SHOWN ) ARE BASED ON THE NORTH AMERICAN DATUM OF '1983 RECORDS BOOK 1085 , PAGE 1316 , PUBLIC RECORDS OF INDIAN ADJUSTMENT OF 1990 ( NAD 83 /90 ) FLORIDA STATE PLANE COORDINATES, EAST RIVER COUNTY , FLORIDA) , A DISTANCE OF 20 . 00 FEET; THENCE ZONE ( 901 ) AS REFERENCED TO THE LINE INDICATED AS "BEARING BASIS" AND ARE 1 �LEAVtNtG — B -WET RtGf tT"'01— WAl`�L1iJ£; RUf�—NORTH -44'52-' 47—' - - -- - --GI_VEN_FOR _TH.E PURPOSE OF DETERMINING ANGLES ONLY. , WEST TO THE SOUTH RIGHT OF WAY LINE OF SUB — LATERAL "B - 4 " CANAL , INDIAN RIVER FARMS WATER CONTROL DISTRICT 30 FEET 7 . THE RIGHT— OF— WAY LEGAL DESCRIPTION WAS PREPARED BY THE 5URVEYO �WIDE RIGHT OF WAY, A DISTANCE OF 28 . 36 FEET; THENCE RUN BASED ON 66TH AVENUE ROADWAY IMPROVEMENT DRAWINGS FOR INDIAN RIVER COUNTY BY CARTER ASSOCIATES , INC . PROJECT NUMBER 98 -• 23E , COUNTY PROJECT SOUTH 89043 ' 58 " EAST ALONG SAID SOUTH RIGHT OF WAY LINE , A NUMBER 9810- 8 , ENGINEERING NUMBER E - 987 - 99 , DATED NOVEMBER 2008 , DISTANCE OF 20 . 00 FEET TO THE POINT OF BEGINNING . 8. PARENT TRACT LEGAL DESCRIPTION WAS OBTAINED FROM THE INDIAN RIVER COIJlAINING 199 . 99 S . F. COUNTY PROPERTY APPRAISER ' S TAX ROLE WEB SITE , SEARCH OF THE PROPERTY APPRAISER ' S TAX ROLE WEB SITE BEGINNING FEBRUARY 2010 . AN OWNERSHIP & ENCUMBRANCC REPORT WAS NOT FURNISHED TO THIS PROFESSIONAL SURVEYOR AND PARENT T-MACT LEGAL DTIO MAPPER OR FIRM . i ESCRI__L'__....N ( O . R . D . 1376 PAGE 2100 : THE EAST 20 ACRES OF TRACT 9 , IN SECTION '18 , TOWNSHIP 33 SOUTH , CERTIFIED T0 - RANGE 39 EAST, ACCORDING TO THE LAST GENERAL PLAT OF THE INDIAN RIVER COUNTY [ ' \- INDIAN RIVER FARMS COMPANY FILED IN THE OFFICE OF THE CLERK OF ;! � All THE CIRCUIT COURT OF ST. LUCIE COUNTY, FLORIDA , IN PLAT BOOK 2 , AT PAGE 25 ; SAID LANDS NOW LYING AND BEING IN INDIAN RIVER --- . COUNTY, FLORIDA ; LESS AND EXCEPT THAT PARCEL DESCRIBED IN O . R . FRANK ` . CUC URFSE , P . S . M . SIG�iATE E DATE BOOK 1085 , PAGE 1316 , PUBLIC RECORDS OF INDIAN RIVER COUNTY, FI.ORI LICENSE No . 4765 FLORIDA . CARTER ASSOCIATES , INC . L. B . 205 R /W PARCEL # 4 , SHEET 1 OF 2 PROJ, NO. CARTER ASSOCIATES , INC , 963 2sss CONSULTING ENGINEERS AND LAND SURVEYORS DWO NO } inntD - A 1708 21ST STREET 772 - 562 - 4 .191. TEL ) siii r� 1r,i visl:u :r - n . - :> nin nnoRi _ , s ir_r.; cOMM . rsc ; NOT A PIED SU.RVE VERO DEACII, FLORIDA. 32060 - 34. 72 772 - 562 - 7180 TAX} i Or --- F 5 q ' ,Y SKETCH AND .OESC _RMIJON � SURVEYORS NOTES : SOT A i 1 . UNLESS IT BEARS THE SIGNATURE AND THE ORIGINAL RAISED SEAT_ OF A F '_ ORIDA i_ I I, EIY -ALU jlJ1 \ Y% �L I J �\ i'11V IJ wlAf i EP. ii ri DRAA'4NC , ..SP KETCH ) LIi" i4'i �. 1"OR n 11 OR LEGAL DESCRIPTION OF PROPOSED RIGHT— OF— WAY CORNER CLIP INFORMATIONAL PURPOSES ONLY AND IS NOT VALID . I PARCEL #4 • 2 . LANDS SHOWN HEREON WERE NOT ABSTRACTED OR RESEARCHED BY IHIS "OFFICE FOR RIGHTS — OF - 4VA `i, EASEMIENTS OF RECORD RESERVATIONS , OWNERSHIP A PARCEL OF LAND SITUATE IN PART OF TRACT 9 , SECTION 18 , J Y ABANDONMENT, DEED RESTRICTIONS , ZONING REGULATIONS OR SETBACK LINES ; LAND TOWNSHIP 33 SOUTH , RANGE 39 EAST, ACCORDING TO THE LAST USE PLAN DESIGNATION , ADJOINING DEEDS OR MURPHY ACT DEEDS . THIS SKz. TCH IS GENERAL PLAT OF LANDS OF THE INDIAN RIVER FARMS COMPANY' S NOT INTENDED TO DELINEATE WETLANDS , LOCAL AREAS OF CONCERN OR ANY OTHER SUBDIVISION , AS RECORDED IN PLAT BOOK 2 , PAGE 25 , PUBLIC JURISDICTIONAL DETERMINATION . E RECORDS OF ST, LUCIE COUNTY, FLORIDA , NOW LYING AND BEING IN i INDIAN RIVER COUNTY, FLORIDA , BEING MORE PARTICULARLY DESCRIBED 3 . THIS DESCRIPTION AND SKETCH CONSISTS OF ( 2 ) TWO SHI__ ETS, ( 1 ) ONE IS NOT AS FOLLOWS: VALID WITHOUT THE OTHER . i I I BEGINNING AT THE NORTHEAST CORNER OF THAT CERTAIN PARCEL OF 4, THIS EXHIBIT DOES NOT INTEND TO REFLECT OR DETERMINE OWNERSHIP , LAND DESCRIBED IN OFFICIAL RECORDS BOOK '1376 , PAGE 2100 OF THE PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA, RUN SOUTH 5 . THIS IS NOT A BOUNDARY SURVEY, A FIELD SURVEY WAS NOT PERFORMED . THIS 00001 ' 36 " EAST ALONG THE WEST RIGHT OF WAY LINE OF 66TH IS A SKE "ICH OF LEGAL DLSCRIPHUN ONLY . AVENUE , ( SAID WEST RIGHT OF WAY LINE BEING THE WEST LINE OF THE ADDITIONAL 50 . 00 FEET STRIP OF LAND DESCRIBED IN OFFICIAL 6 . BEARINGS ( IF SHOWN ) ARE BASED ON THE NORTH AMERICAN DATUM OF '1983 RECORDS BOOK 1085 , PAGE 1316 , PUBLIC RECORDS OF INDIAN ADJUSTMENT OF 1990 ( NAD 83 /90 ) FLORIDA STATE PLANE COORDINATES, EAST RIVER COUNTY , FLORIDA) , A DISTANCE OF 20 . 00 FEET; THENCE ZONE ( 901 ) AS REFERENCED TO THE LINE INDICATED AS "BEARING BASIS" AND ARE 1 �LEAVtNtG — B -WET RtGf tT"'01— WAl`�L1iJ£; RUf�—NORTH -44'52-' 47—' - - -- - --GI_VEN_FOR _TH.E PURPOSE OF DETERMINING ANGLES ONLY. , WEST TO THE SOUTH RIGHT OF WAY LINE OF SUB — LATERAL "B - 4 " CANAL , INDIAN RIVER FARMS WATER CONTROL DISTRICT 30 FEET 7 . THE RIGHT— OF— WAY LEGAL DESCRIPTION WAS PREPARED BY THE 5URVEYO �WIDE RIGHT OF WAY, A DISTANCE OF 28 . 36 FEET; THENCE RUN BASED ON 66TH AVENUE ROADWAY IMPROVEMENT DRAWINGS FOR INDIAN RIVER COUNTY BY CARTER ASSOCIATES , INC . PROJECT NUMBER 98 -• 23E , COUNTY PROJECT SOUTH 89043 ' 58 " EAST ALONG SAID SOUTH RIGHT OF WAY LINE , A NUMBER 9810- 8 , ENGINEERING NUMBER E - 987 - 99 , DATED NOVEMBER 2008 , DISTANCE OF 20 . 00 FEET TO THE POINT OF BEGINNING . 8. PARENT TRACT LEGAL DESCRIPTION WAS OBTAINED FROM THE INDIAN RIVER COIJlAINING 199 . 99 S . F. COUNTY PROPERTY APPRAISER ' S TAX ROLE WEB SITE , SEARCH OF THE PROPERTY APPRAISER ' S TAX ROLE WEB SITE BEGINNING FEBRUARY 2010 . AN OWNERSHIP & ENCUMBRANCC REPORT WAS NOT FURNISHED TO THIS PROFESSIONAL SURVEYOR AND PARENT T-MACT LEGAL DTIO MAPPER OR FIRM . i ESCRI__L'__....N ( O . R . D . 1376 PAGE 2100 : THE EAST 20 ACRES OF TRACT 9 , IN SECTION '18 , TOWNSHIP 33 SOUTH , CERTIFIED T0 - RANGE 39 EAST, ACCORDING TO THE LAST GENERAL PLAT OF THE INDIAN RIVER COUNTY [ ' \- INDIAN RIVER FARMS COMPANY FILED IN THE OFFICE OF THE CLERK OF ;! � All THE CIRCUIT COURT OF ST. LUCIE COUNTY, FLORIDA , IN PLAT BOOK 2 , AT PAGE 25 ; SAID LANDS NOW LYING AND BEING IN INDIAN RIVER --- . COUNTY, FLORIDA ; LESS AND EXCEPT THAT PARCEL DESCRIBED IN O . R . FRANK ` . CUC URFSE , P . S . M . SIG�iATE E DATE BOOK 1085 , PAGE 1316 , PUBLIC RECORDS OF INDIAN RIVER COUNTY, FI.ORI LICENSE No . 4765 FLORIDA . CARTER ASSOCIATES , INC . L. B . 205 R /W PARCEL # 4 , SHEET 1 OF 2 PROJ, NO. CARTER ASSOCIATES , INC , 963 2sss CONSULTING ENGINEERS AND LAND SURVEYORS DWO NO } inntD - A 1708 21ST STREET 772 - 562 - 4 .191. TEL ) siii r� 1r,i visl:u :r - n . - :> nin nnoRi _ , s ir_r.; cOMM . rsc ; NOT A PIED SU.RVE VERO DEACII, FLORIDA. 32060 - 34. 72 772 - 562 - 7180 TAX} i Or --- F Yq f1 A t SKETCH AND DESCRIPTION I r i v fi 0 W i D W � f 5 � fl cn � U TRACT 8 W o L SECTION 18 , T. 33 S . , RCE . 39 E . W o © � I PINE TREE PARK INDIAN RIVER FARMS COMPANY SUBDIVISION ul � � 0 � UNIT 3 , BLOCK J x z o � w `' P . B . 2 Pc . 25, S. L . CO. , FL. N i w ( NOW LR . CO. FI_. ) ca L �' P . B . 3 , PG . 50 , i . h . CO . , FL . , �" a OUQ' O O rn - cnvi Q I_ — — NORTH R . O . W . LINE _ I �i_ TI.-I CT1Z) [71=T / FYI TINP (` ITP � C C? (IAGI " \ Q Dn ' souTl-I R. O .W . LINE S 89 " 43 ' 58 " E 30R /W SUB - LATERAL " B �R4 "� NCANAL E OF TRACT 9 S 820 . 008 E SOUTVI R . O .W . LINE — ° LEGEND -- - EXISTING N I . R . F . W. C . D . — / ' ~ P . O. B . = POINT OF BEGINNING : w o P . O . C . = POINT OF COMMENCEMENT 30 R /W - WI- � R /W, R . O . W. = RIGHT- OF- WAY ('0 ' INDIAN INDIAN RIVER FARMS N 44° 52 47 W 3 co f o0 o Wf WATER CONTROL DISTRICT 28 . 36 ' 0 0 0 ozz z d I . R . F. C . S . = INDIAN RIVER FARMS TRACT 9 b N V) ", ° COMPANY SUBDIVISION SECTION '181 T. 33 S . PCE , 39 F . w 0 ( q IVI S , L . CO . , FL. = ST. LUCIE COUNTY, INDIAN RIVER FARMS COMPANY SUBDIVISION 3I 3 Li L FLORIDA P . B . 2 , PG. 25 , S . t_ . c0 „ FL, EAST 75 S0 O . R . B . , PG . = OFFICIAL RECORDS BOOK ( Now O . R . B . 1085 , PG . —�— —, --- -- I . R . F. C. S. AND PAGE WEST 50 25 25 P B . 2 — PG . 25 1316 , I . R . CO . , FL . — --- --- = S , I_. CO . , FL. I . R , CO „ FL. = INDIAN RIVER COUNTY , e = EXISTING FLORIDA „i 100 ' R /W P . B . & PG . = PLAT BOOK AND PACE . .. . . . 33 - 39 - 18 - 00001 - 0000 - 00002 . 0 GEORGE A . , SANDRA R . KAHLE 4TH ; r, vERo BEACH , FL 3296a NOT A FIELD SURVEY ( OFFICIAL RECORDS (BOOK 137/ 61 PAGE 2100 , LR . Co . , FL, ) SCALE : 1 ° = 60` R /W PARCEL # 4 , SHEET 2 OF 2 PR0.1. NO. CARTER ASSOCIATES , INC . _ 98 43E a CONSULTING ENGINEERS AND LAND SURVEYORS MG. N0 x 1 f3(339 - A 1708 21ST STREET 772 - 562 -- 4191 (TEL) a ... :) 010 AnDr l:: _ , IRC . cotilM . r ;r, VERO BEACH, FLORIDA 32960 - 3472 772 --- 562 - 7 .1. 80 FAX 2 of 2 Yq f1 A t SKETCH AND DESCRIPTION I r i v fi 0 W i D W � f 5 � fl cn � U TRACT 8 W o L SECTION 18 , T. 33 S . , RCE . 39 E . W o © � I PINE TREE PARK INDIAN RIVER FARMS COMPANY SUBDIVISION ul � � 0 � UNIT 3 , BLOCK J x z o � w `' P . B . 2 Pc . 25, S. L . CO. , FL. N i w ( NOW LR . CO. FI_. ) ca L �' P . B . 3 , PG . 50 , i . h . CO . , FL . , �" a OUQ' O O rn - cnvi Q I_ — — NORTH R . O . W . LINE _ I �i_ TI.-I CT1Z) [71=T / FYI TINP (` ITP � C C? (IAGI " \ Q Dn ' souTl-I R. O .W . LINE S 89 " 43 ' 58 " E 30R /W SUB - LATERAL " B �R4 "� NCANAL E OF TRACT 9 S 820 . 008 E SOUTVI R . O .W . LINE — ° LEGEND -- - EXISTING N I . R . F . W. C . D . — / ' ~ P . O. B . = POINT OF BEGINNING : w o P . O . C . = POINT OF COMMENCEMENT 30 R /W - WI- � R /W, R . O . W. = RIGHT- OF- WAY ('0 ' INDIAN INDIAN RIVER FARMS N 44° 52 47 W 3 co f o0 o Wf WATER CONTROL DISTRICT 28 . 36 ' 0 0 0 ozz z d I . R . F. C . S . = INDIAN RIVER FARMS TRACT 9 b N V) ", ° COMPANY SUBDIVISION SECTION '181 T. 33 S . PCE , 39 F . w 0 ( q IVI S , L . CO . , FL. = ST. LUCIE COUNTY, INDIAN RIVER FARMS COMPANY SUBDIVISION 3I 3 Li L FLORIDA P . B . 2 , PG. 25 , S . t_ . c0 „ FL, EAST 75 S0 O . R . B . , PG . = OFFICIAL RECORDS BOOK ( Now O . R . B . 1085 , PG . —�— —, --- -- I . R . F. C. S. AND PAGE WEST 50 25 25 P B . 2 — PG . 25 1316 , I . R . CO . , FL . — --- --- = S , I_. CO . , FL. I . R , CO „ FL. = INDIAN RIVER COUNTY , e = EXISTING FLORIDA „i 100 ' R /W P . B . & PG . = PLAT BOOK AND PACE . .. . . . 33 - 39 - 18 - 00001 - 0000 - 00002 . 0 GEORGE A . , SANDRA R . KAHLE 4TH ; r, vERo BEACH , FL 3296a NOT A FIELD SURVEY ( OFFICIAL RECORDS (BOOK 137/ 61 PAGE 2100 , LR . Co . , FL, ) SCALE : 1 ° = 60` R /W PARCEL # 4 , SHEET 2 OF 2 PR0.1. NO. CARTER ASSOCIATES , INC . _ 98 43E a CONSULTING ENGINEERS AND LAND SURVEYORS MG. N0 x 1 f3(339 - A 1708 21ST STREET 772 - 562 -- 4191 (TEL) a ... :) 010 AnDr l:: _ , IRC . cotilM . r ;r, VERO BEACH, FLORIDA 32960 - 3472 772 --- 562 - 7 .1. 80 FAX 2 of 2 EXH11BIT 9 ' PROPOSED TEMPORARY CONSTRUCTION EASEMENT A SI•RIP OF 1 .\ \ J )J) i ! FEET WIDE RUNNING ALONG THE NORTHERN BOUNDARY OF THE PROPERTY FAS i ; 'O 1111'; PROPOSED 20X20 FEET CORNER CLIP OF RIGHT-OF- WAY: THEN RUNNING 15 FEI_I ' WIDI PARP , l i ; Ll VC1 i 1 i 1 - H2. CORNER CLIP TURNING SOUTH AND REMAINING 15 FEET WIDE RUNNING PAIALFI . i : ,4T "l 11 T1 11 :: EASTERN BOUNDARY OF THE PROPERTY TO THE SOUTH PROPr , R 'i Y i . l \ l ': . I I 1 4 'Av �o s ' l:�• hr ;y ti d ;V 19 `;I Y l , T � N v 1 t . . 1tL . `n r)c \ a \� l U . V sr I I LEGAL DESCRIPTION OF PROPOSED RIGHT-OF-WAY CORNER CLIP PARCEL 44 A PARCEL OF LAND SITUATE IN PART OF TRACT 9. lECTfON 18, TOWNSHIP 33 SOUTH _ RANGE 39 EAST. .ACCORDING TOTHE LAST GENERAL PLAT OF LANE S OF THE INDIAN RIVER FARMS COMPANY ' S SUBDIV ISION . AS RECORDED IN PLAT BOOK 2, PAGE 25 , PUBLIC RECORDS OF ST. LUCIE COUNTY. 14I.ORIDA. NOW LYING AND BEING IN INDIAN RIVER COUNTY. FLORIDA. BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS : BEGINNING AT THE NORTHEAST CORNER OF THAT CERTAIN PARCEL OF LAND DESCRIBED IN OFFICIAL RECORDS BOOK 1376, PAGE 2100 OF THE PUBLIC RECORDS OF INDIAN RIVER COUNTY , FLORIDA, RUN SOUTH 00"01 ' 36" EAST ALONG THE WEST RIGHT OF WAY LINE OF 66TH AVENUE. ( SAID WEST TIGHT OF WAY LINE= BEING THE WEST LINE OF THE ADDITIONAL 50 .00 FEET STRIP OF LAND DESCRIBED IN OFFICIAL RECORDS BOOK 1085 . PAGE 1316, PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA), A DISTANCE OF 20.00 FEET : TFIENCI L1 ;AVING SAID WEST RIGHT OF WAY LINE, RUN NORTH 44°52 ` 4T' WEST TO THE SOUTH RIGHT OF WAY LINE OF SUB- LATERAL " 134" CANAL. INDIAN DIVER FARMS WATER CONTROL DISTRICT 30 FEET W1DF RIGHT- OF WAY, A DISTANCE OF 28.36 FEET: THENCRUN SOUTH 89043 ' 58" EAST ALONG SAID SOUTH RIGI11' OI ' WAY LINE. A DISTANCE OF 20. 00 FEET TO THE POINT OF BEGINNING. CONTAINING 19999 S . F . I PARENT TRACT LEGAL DESCRIPTION (O. R. B . 1376 PAGE 2100 " T- I IFFAST 20 ACRES OF TRACT 9, IN SECTION 18, TO WNSHIP 33 SOUTH, RANGE 39 EAST. ACCORDING TO I,HE LAST GENERAL PLAT OF THE INDIAN RIVE FARMS COMPANY FILED IN THE OFFICE OF THE CLERK OF THE CIRCUIT COURT OF ST. LUCIE COUN Y, FLORIDA, IN PLAT BOOK 2, AT PAGE 25 : SAID LANDS NOW LYING AND BEING IN INDIAN RIVER C UNTY, FLORIDA: LESS AND EXCEPT THAT PARCF, I . DESCRIBED IN O. R . BOOK 1085 , PAGE 1316, UBLIC RECORDS OF INDIAN RIVER COUNTY . FLORIDA . I I I EXH11BIT 9 ' PROPOSED TEMPORARY CONSTRUCTION EASEMENT A SI•RIP OF 1 .\ \ J )J) i ! FEET WIDE RUNNING ALONG THE NORTHERN BOUNDARY OF THE PROPERTY FAS i ; 'O 1111'; PROPOSED 20X20 FEET CORNER CLIP OF RIGHT-OF- WAY: THEN RUNNING 15 FEI_I ' WIDI PARP , l i ; Ll VC1 i 1 i 1 - H2. CORNER CLIP TURNING SOUTH AND REMAINING 15 FEET WIDE RUNNING PAIALFI . i : ,4T "l 11 T1 11 :: EASTERN BOUNDARY OF THE PROPERTY TO THE SOUTH PROPr , R 'i Y i . l \ l ': . I I 1 4 'Av �o s ' l:�• hr ;y ti d ;V 19 `;I Y l , T � N v 1 t . . 1tL . `n r)c \ a \� l U . V sr I I LEGAL DESCRIPTION OF PROPOSED RIGHT-OF-WAY CORNER CLIP PARCEL 44 A PARCEL OF LAND SITUATE IN PART OF TRACT 9. lECTfON 18, TOWNSHIP 33 SOUTH _ RANGE 39 EAST. .ACCORDING TOTHE LAST GENERAL PLAT OF LANE S OF THE INDIAN RIVER FARMS COMPANY ' S SUBDIV ISION . AS RECORDED IN PLAT BOOK 2, PAGE 25 , PUBLIC RECORDS OF ST. LUCIE COUNTY. 14I.ORIDA. NOW LYING AND BEING IN INDIAN RIVER COUNTY. FLORIDA. BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS : BEGINNING AT THE NORTHEAST CORNER OF THAT CERTAIN PARCEL OF LAND DESCRIBED IN OFFICIAL RECORDS BOOK 1376, PAGE 2100 OF THE PUBLIC RECORDS OF INDIAN RIVER COUNTY , FLORIDA, RUN SOUTH 00"01 ' 36" EAST ALONG THE WEST RIGHT OF WAY LINE OF 66TH AVENUE. ( SAID WEST TIGHT OF WAY LINE= BEING THE WEST LINE OF THE ADDITIONAL 50 .00 FEET STRIP OF LAND DESCRIBED IN OFFICIAL RECORDS BOOK 1085 . PAGE 1316, PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA), A DISTANCE OF 20.00 FEET : TFIENCI L1 ;AVING SAID WEST RIGHT OF WAY LINE, RUN NORTH 44°52 ` 4T' WEST TO THE SOUTH RIGHT OF WAY LINE OF SUB- LATERAL " 134" CANAL. INDIAN DIVER FARMS WATER CONTROL DISTRICT 30 FEET W1DF RIGHT- OF WAY, A DISTANCE OF 28.36 FEET: THENCRUN SOUTH 89043 ' 58" EAST ALONG SAID SOUTH RIGI11' OI ' WAY LINE. A DISTANCE OF 20. 00 FEET TO THE POINT OF BEGINNING. CONTAINING 19999 S . F . I PARENT TRACT LEGAL DESCRIPTION (O. R. B . 1376 PAGE 2100 " T- I IFFAST 20 ACRES OF TRACT 9, IN SECTION 18, TO WNSHIP 33 SOUTH, RANGE 39 EAST. ACCORDING TO I,HE LAST GENERAL PLAT OF THE INDIAN RIVE FARMS COMPANY FILED IN THE OFFICE OF THE CLERK OF THE CIRCUIT COURT OF ST. LUCIE COUN Y, FLORIDA, IN PLAT BOOK 2, AT PAGE 25 : SAID LANDS NOW LYING AND BEING IN INDIAN RIVER C UNTY, FLORIDA: LESS AND EXCEPT THAT PARCF, I . DESCRIBED IN O. R . BOOK 1085 , PAGE 1316, UBLIC RECORDS OF INDIAN RIVER COUNTY . FLORIDA . I I I o' 2112569 Right-of-Way 4`h St. and 66'h Ave . THIS DOCUMENT HAS BEEN Tax ID #33-39- 18-0001 -0090-00002 . 0 RECORDED IN THE PUBLIC RECORDS Instrument prepared by & should be returned to : OF INDIAN RIVER COUNTY FL Indian River County Attorney's Office BK: 2469 PGA 254 , Pagel of 1801 27hStreet, Vero Beach, FL 32960 01 /04/2011 at 03 : 58 PM , JEFFREY K BARTON , CLERK OF COURT STATUTORY WARRANTY DEED THIS INDENTURE , made this day of Dei 2010 , between George A . Kahle and Sandra R . Kahle , husband and wife , 6020 5th Street SW, Vero Beach , FL 32968 , GRANTOR , and Indian River County , a political subdivision of the State of Florida , 1801 27th Street , Vero Beach , FL 32960 , GRANTEE , WITNESSETH THAT : GRANTOR , for and in consideration of the sum of Ten Dollars and other good and valuable consideration to GRANTOR in hand paid by GRANTEE , the receipt of which is hereby acknowledged , has granted , bargained , and sold to the GRANTEE , and GRANTEE ' S heirs and assigns forever, the following described land situaic , lying , and being in Indian River County , Florida : SEE EXHIBIT " A " ATTACHED HERETO AND MADE A PART HEREOF AND GRANTOR does hereby fully warrant the title to the said land , and will defend the same against the lawful claims of all persons whomsoever . Signed in the presence of:, sign : " Ue cc,,,, Byleoe Witness �a George . Ka le Printed name : I {A W ! I E E sign : Witness Printed name : Ae yN A14 )10111 By andra R . Kahl STATE OF FLORIDA COUNTY OF INDIAN RIVER The foregoing instrument was acknowledged before me this 21s� day of >Jt , e, vA e r _ 2010 , by George A . Kahle and Sandra R"--. , Ka ! ; ! e who are personally known to me . 42L tary �ubl%c — State of Florida C Approved as to legal form and � Sufficiency ( . ,y,,, pqt�� ry ,00 KATHRYN DALE ?* += MY COMMISSION # 00 809270 William K . DeBraal ;= EXPIRES, SePtember 17, 2012 0 •, �,;; Bonded Thru Notary Public Uf1tle Deputy County Attorney fwtltera o' 2112569 Right-of-Way 4`h St. and 66'h Ave . THIS DOCUMENT HAS BEEN Tax ID #33-39- 18-0001 -0090-00002 . 0 RECORDED IN THE PUBLIC RECORDS Instrument prepared by & should be returned to : OF INDIAN RIVER COUNTY FL Indian River County Attorney's Office BK: 2469 PGA 254 , Pagel of 1801 27hStreet, Vero Beach, FL 32960 01 /04/2011 at 03 : 58 PM , JEFFREY K BARTON , CLERK OF COURT STATUTORY WARRANTY DEED THIS INDENTURE , made this day of Dei 2010 , between George A . Kahle and Sandra R . Kahle , husband and wife , 6020 5th Street SW, Vero Beach , FL 32968 , GRANTOR , and Indian River County , a political subdivision of the State of Florida , 1801 27th Street , Vero Beach , FL 32960 , GRANTEE , WITNESSETH THAT : GRANTOR , for and in consideration of the sum of Ten Dollars and other good and valuable consideration to GRANTOR in hand paid by GRANTEE , the receipt of which is hereby acknowledged , has granted , bargained , and sold to the GRANTEE , and GRANTEE ' S heirs and assigns forever, the following described land situaic , lying , and being in Indian River County , Florida : SEE EXHIBIT " A " ATTACHED HERETO AND MADE A PART HEREOF AND GRANTOR does hereby fully warrant the title to the said land , and will defend the same against the lawful claims of all persons whomsoever . Signed in the presence of:, sign : " Ue cc,,,, Byleoe Witness �a George . Ka le Printed name : I {A W ! I E E sign : Witness Printed name : Ae yN A14 )10111 By andra R . Kahl STATE OF FLORIDA COUNTY OF INDIAN RIVER The foregoing instrument was acknowledged before me this 21s� day of >Jt , e, vA e r _ 2010 , by George A . Kahle and Sandra R"--. , Ka ! ; ! e who are personally known to me . 42L tary �ubl%c — State of Florida C Approved as to legal form and � Sufficiency ( . ,y,,, pqt�� ry ,00 KATHRYN DALE ?* += MY COMMISSION # 00 809270 William K . DeBraal ;= EXPIRES, SePtember 17, 2012 0 •, �,;; Bonded Thru Notary Public Uf1tle Deputy County Attorney fwtltera SKETCH AND DESCRIPTION SURVEYOR ' S NOTES: .P' 1 . UNLESS IT BEARS THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER THIS DRAWING , SKETCH , PLAT OR MAP IS FOR LEGAL DESCRIPTION OF PROPOSED RIGHT- OF- WAY CORNER CLIP INFORMATIONAL PURPOSES ONLY AND IS NOT VALID . PARCEL #4: 2 . LANDS SHOWN HEREON WERE NOT ABSTRACTED OR RESEARCHED BY THIS OFFICE FOR RIGHTS - OF- WAY, EASEMENTS OF RECORD , RESERVATIONS , OWNERSHIP , A PARCEL OF LAND SITUATE IN PART OF TRACT 9 , SECTION 18, ABANDONMENT, DEED RESTRICTIONS , ZONING REGULATIONS OR SETBACK LINES, LAND TOWNSHIP 33 SOUTH , RANGE 39 EAST, ACCORDING TO THE LAST USE PLAN DESIGNATION , ADJOINING DEEDS OR MURPHY ACT DEEDS . THIS SKETCH IS GENERAL PLAT OF LANDS OF THE INDIAN RIVER FARMS COMPANY' S NOT INTENDED TO DELINEATE WETLANDS , LOCAL AREAS OF CONCERN OR ANY OTHER SUBDIVISION , AS RECORDED IN PLAT BOOK 2 , PAGE 25 , PUBLIC JURISDICTIONAL DETERMINATION . RECORDS OF ST. LUCIE COUNTY, FLORIDA , NOW LYING AND BEING IN INDIAN RIVER COUNTY, FLORIDA , BEING MORE PARTICULARLY DESCRIBED 3 . THIS DESCRIPTION AND SKETCH CONSISTS OF ( 2 ) TWO SHEETS , ( 1 ) ONE IS NOT AS FOLLOWS : VALID WITHOUT THE OTHER . BEGINNING AT THE NORTHEAST CORNER OF THAT CERTAIN PARCEL OF 4. THIS EXHIBIT DOES NOT INTEND TO REFLECT OR DETERMINE OWNERSHIP . LAND DESCRIBED IN OFFICIAL RECORDS BOOK 1376 , PAGE 2100 OF THE PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA , RUN SOUTH 5 . THIS IS NOT A BOUNDARY SURVEY. A FIELD SURVEY WAS NOT PERFORMED . THIS 00001 ' 36 " EAST ALONG THE WEST RIGHT OF WAY LINE OF 66TH IS A SKETCH OF LEGAL DESCRIPTION ONLY. AVENUE , ( SAID WEST RIGHT OF WAY LINE BEING THE WEST LINE OF THE ADDITIONAL 50 . 00 FEET STRIP OF LAND DESCRIBED IN OFFICIAL 6 . BEARINGS ( IF SHOWN ) ARE BASED ON THE NORTH AMERICAN DATUM OF 1983 RECORDS BOOK 1085 , PAGE 1316 , PUBLIC RECORDS OF INDIAN ADJUSTMENT OF 1990 ( NAD 83/90 ) FLORIDA STATE PLANE COORDINATES , EAST RIVER COUNTY, FLORIDA) , A DISTANCE OF 20 . 00 FEET; THENCE ZONE ( 901 ) AS REFERENCED TO THE LINE INDICATED AS " BEARING BASIS " AND ARE LEAVING SAID WEST RIGHT OF WAY LINE , RUN NORTH 44° 52 ' 47 " GIVEN FOR THE PURPOSE OF DETERMINING ANGLES ONLY. WEST TO THE SOUTH RIGHT OF WAY LINE OF SUB - LATERAL " B - 4 " 7 . THE RIGHT— OF— WAY LEGAL DESCRIPTION WAS PREPARED BY THE SURVEYOR CANAL , INDIAN RIVER FARMS WATER CONTROL DISTRICT 30 FEET BASED ON 66TH AVENUE ROADWAY IMPROVEMENT DRAWINGS FOR INDIAN RIVER WIDE RIGHT OF WAY, A DISTANCE OF 28 . 36 FEET; THENCE RUN COUNTY BY CARTER ASSOCIATES , INC. PROJECT NUMBER 98 - 23E , COUNTY PROJECT SOUTH 89043 ' 58 " EAST ALONG SAID SOUTH RIGHT OF WAY LINE , A NUMBER 9810 — B , ENGINEERING NUMBER E - 987 - 99 , DATED NOVEMBER 2008 . DISTANCE OF 20 . 00 FEET TO THE POINT OF BEGINNING . 8 . PARENT TRACT LEGAL DESCRIPTION WAS OBTAINED FROM THE INDIAN RIVER CONTAINING 199 . 99 S . F. COUNTY PROPERTY APPRAISER ' S TAX ROLE WEB SITE . SEARCH OF THE,,R� , OPERTY APPRAISER ' S TAX ROLE WEB SITE BEGINNING FEBRUARY 2010. c,/NN A' RSH [p & ENCUMBRANCE REPORT WAS NOT FURNISHED TO THIS PROFE§S#OA AL SURVfY_QR AND MAPPER OR FIRM . G= PARENT TRACT LEGAL DESCRIPTION ( O . R . B . 1376 . PAGE 2100 ) : ; e � THE EAST 20 ACRES OF TRACT 9 , IN SECTION 18 , TOWNSHIP 33 SOUTH , CERTIFIED T0 : ' , . _' a} ' RANGE 39 EAST, ACCORDING TO THE LAST GENERAL PLAT OF THE INDIAN RIVER COUNTY INDIAN RIVER FARMS COMPANY FILED IN THE OFFICE OF THE CLERK OF a� �>ti s9. THE CIRCUIT COURT OF ST. LUCIE COUNTY, FLORIDA, IN PLAT BOOK 21 AT PAGE 25 ; SAID LANDS NOW LYING AND BEING IN INDIAN RIVER ' ` 8 FRANK C C URESE , P S Nf �' SIG !kfi E DATE COUNTY, FLORIDA ; LESS AND EXCEPT THAT PARCEL DESCRIBED IN O . R . � ~ BOOK 1085 , PAGE 1316 , PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLO LICENSE No 4.765 ,• v ` FLORIDA . CARTER ASSOCIATES,' INC L. B . `205 R/W PARCEL # 4 , SHEET' ', 1 OF 2 �V PROJ. NO. EXHIBIT $ � � ffi CARTER ASSOCIATES , INC . 9823ESCONSULTING ENGINEERS AND LAND SURVEYORS DWG. NO. 18839 - A 1708 21ST STREET 772 - 562 - 4191 (TEL) SHEET REVISED 3- 8- 2010 ADDRESS IRC . COMM . FSC NOT A FIELD SURVEY VERO BEACH, FLORIDA 32960 - 3472 772 - 562 - 7180 (FAX/1 1 of 2 SKETCH AND DESCRIPTION SURVEYOR ' S NOTES: .P' 1 . UNLESS IT BEARS THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER THIS DRAWING , SKETCH , PLAT OR MAP IS FOR LEGAL DESCRIPTION OF PROPOSED RIGHT- OF- WAY CORNER CLIP INFORMATIONAL PURPOSES ONLY AND IS NOT VALID . PARCEL #4: 2 . LANDS SHOWN HEREON WERE NOT ABSTRACTED OR RESEARCHED BY THIS OFFICE FOR RIGHTS - OF- WAY, EASEMENTS OF RECORD , RESERVATIONS , OWNERSHIP , A PARCEL OF LAND SITUATE IN PART OF TRACT 9 , SECTION 18, ABANDONMENT, DEED RESTRICTIONS , ZONING REGULATIONS OR SETBACK LINES, LAND TOWNSHIP 33 SOUTH , RANGE 39 EAST, ACCORDING TO THE LAST USE PLAN DESIGNATION , ADJOINING DEEDS OR MURPHY ACT DEEDS . THIS SKETCH IS GENERAL PLAT OF LANDS OF THE INDIAN RIVER FARMS COMPANY' S NOT INTENDED TO DELINEATE WETLANDS , LOCAL AREAS OF CONCERN OR ANY OTHER SUBDIVISION , AS RECORDED IN PLAT BOOK 2 , PAGE 25 , PUBLIC JURISDICTIONAL DETERMINATION . RECORDS OF ST. LUCIE COUNTY, FLORIDA , NOW LYING AND BEING IN INDIAN RIVER COUNTY, FLORIDA , BEING MORE PARTICULARLY DESCRIBED 3 . THIS DESCRIPTION AND SKETCH CONSISTS OF ( 2 ) TWO SHEETS , ( 1 ) ONE IS NOT AS FOLLOWS : VALID WITHOUT THE OTHER . BEGINNING AT THE NORTHEAST CORNER OF THAT CERTAIN PARCEL OF 4. THIS EXHIBIT DOES NOT INTEND TO REFLECT OR DETERMINE OWNERSHIP . LAND DESCRIBED IN OFFICIAL RECORDS BOOK 1376 , PAGE 2100 OF THE PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA , RUN SOUTH 5 . THIS IS NOT A BOUNDARY SURVEY. A FIELD SURVEY WAS NOT PERFORMED . THIS 00001 ' 36 " EAST ALONG THE WEST RIGHT OF WAY LINE OF 66TH IS A SKETCH OF LEGAL DESCRIPTION ONLY. AVENUE , ( SAID WEST RIGHT OF WAY LINE BEING THE WEST LINE OF THE ADDITIONAL 50 . 00 FEET STRIP OF LAND DESCRIBED IN OFFICIAL 6 . BEARINGS ( IF SHOWN ) ARE BASED ON THE NORTH AMERICAN DATUM OF 1983 RECORDS BOOK 1085 , PAGE 1316 , PUBLIC RECORDS OF INDIAN ADJUSTMENT OF 1990 ( NAD 83/90 ) FLORIDA STATE PLANE COORDINATES , EAST RIVER COUNTY, FLORIDA) , A DISTANCE OF 20 . 00 FEET; THENCE ZONE ( 901 ) AS REFERENCED TO THE LINE INDICATED AS " BEARING BASIS " AND ARE LEAVING SAID WEST RIGHT OF WAY LINE , RUN NORTH 44° 52 ' 47 " GIVEN FOR THE PURPOSE OF DETERMINING ANGLES ONLY. WEST TO THE SOUTH RIGHT OF WAY LINE OF SUB - LATERAL " B - 4 " 7 . THE RIGHT— OF— WAY LEGAL DESCRIPTION WAS PREPARED BY THE SURVEYOR CANAL , INDIAN RIVER FARMS WATER CONTROL DISTRICT 30 FEET BASED ON 66TH AVENUE ROADWAY IMPROVEMENT DRAWINGS FOR INDIAN RIVER WIDE RIGHT OF WAY, A DISTANCE OF 28 . 36 FEET; THENCE RUN COUNTY BY CARTER ASSOCIATES , INC. PROJECT NUMBER 98 - 23E , COUNTY PROJECT SOUTH 89043 ' 58 " EAST ALONG SAID SOUTH RIGHT OF WAY LINE , A NUMBER 9810 — B , ENGINEERING NUMBER E - 987 - 99 , DATED NOVEMBER 2008 . DISTANCE OF 20 . 00 FEET TO THE POINT OF BEGINNING . 8 . PARENT TRACT LEGAL DESCRIPTION WAS OBTAINED FROM THE INDIAN RIVER CONTAINING 199 . 99 S . F. COUNTY PROPERTY APPRAISER ' S TAX ROLE WEB SITE . SEARCH OF THE,,R� , OPERTY APPRAISER ' S TAX ROLE WEB SITE BEGINNING FEBRUARY 2010. c,/NN A' RSH [p & ENCUMBRANCE REPORT WAS NOT FURNISHED TO THIS PROFE§S#OA AL SURVfY_QR AND MAPPER OR FIRM . G= PARENT TRACT LEGAL DESCRIPTION ( O . R . B . 1376 . PAGE 2100 ) : ; e � THE EAST 20 ACRES OF TRACT 9 , IN SECTION 18 , TOWNSHIP 33 SOUTH , CERTIFIED T0 : ' , . _' a} ' RANGE 39 EAST, ACCORDING TO THE LAST GENERAL PLAT OF THE INDIAN RIVER COUNTY INDIAN RIVER FARMS COMPANY FILED IN THE OFFICE OF THE CLERK OF a� �>ti s9. THE CIRCUIT COURT OF ST. LUCIE COUNTY, FLORIDA, IN PLAT BOOK 21 AT PAGE 25 ; SAID LANDS NOW LYING AND BEING IN INDIAN RIVER ' ` 8 FRANK C C URESE , P S Nf �' SIG !kfi E DATE COUNTY, FLORIDA ; LESS AND EXCEPT THAT PARCEL DESCRIBED IN O . R . � ~ BOOK 1085 , PAGE 1316 , PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLO LICENSE No 4.765 ,• v ` FLORIDA . CARTER ASSOCIATES,' INC L. B . `205 R/W PARCEL # 4 , SHEET' ', 1 OF 2 �V PROJ. NO. EXHIBIT $ � � ffi CARTER ASSOCIATES , INC . 9823ESCONSULTING ENGINEERS AND LAND SURVEYORS DWG. NO. 18839 - A 1708 21ST STREET 772 - 562 - 4191 (TEL) SHEET REVISED 3- 8- 2010 ADDRESS IRC . COMM . FSC NOT A FIELD SURVEY VERO BEACH, FLORIDA 32960 - 3472 772 - 562 - 7180 (FAX/1 1 of 2 SKETCH AND DESCRIPTION 0 o W N 0 TRACT 8 L''SECTION 18, T. 33 S . , RGE . 39 E. W om � Ia PINE TREE PARK of INDIAN RIVER FARMS COMPANY SUBDIVISION N a oo O P . B . 2 , PG . 25, S. L. CO. , FL. N w 3 Qom ° UNIT 3 , BLOCK J P . B . 3 , PG . 50 , I . R . CO . , FL . ( NOW I . R . CO . , FL. ) ci a � o Z a LD LL: I m O N J - M CI_ Q 1 g NORTH R . O .W. LINE Q 4TH STREET / EXISTING CITRUS ROAD SOUTH R . O. W. LINE S 89 °43 58 ppE 30 R /W NORTH LINE OF TRACT 9 S 89° 43 ' 58 " E SUB — LATERAL " B - 4 " CANAL 20 . 00 ' P , o . B , I . R . F.W. C . D . 30 ' R . O .W . SOUTH R . O . W. LINE z N LEGEND : EXISTING J F P . O . B . = POINT OF BEGINNING I . R . F. W. C . D . ao a P . O . C . = POINT OF COMMENCEMENT 30 ' R /W w W- _ R /W, R . O . W. = RIGHT- OF- WAY !) `` U I . R . F. W. C . D . = INDIAN RIVER FARMS N 44952 ' 47 " W 6 oo I o ° o ° I �i WATER CONTROL DISTRICT 28 . 36 o 6 bzQ z_ o I . R . F. C . S . = INDIAN RIVER FARMS TRACT 9 [if o N NJ � J COMPANY SUBDIVISION SECTION 18 , T. 33 S. , RGE . 39 E . (n o I V) < (n IU) S . L. CO. , FL. = ST. LUCIE COUNTY, Ld INDIAN RIVER FARMS COMPANY SUBDIVISION V � � FLORIDA P . B . 2 , PG . 25, S. L. CO . , FL. EAST 75 ' I . R F C. S. O . R . B . , PG . = OFFICIAL RECORDS BOOK ( NOW I . R . CO . , FL. ) O . R . B . 1085 , PG . WEST 50 ' 25 ' 25 ' P. B . 2 - PG. 25 ARC ND PAGE = INDIAN RIVER COUNTY, 1316 , I . R . CO . , FL . S. L. CO. , FL. EXISTING FLORIDA 100 ' R /W P . B . & PG . = PLAT BOOK AND PAGE 33 - 39 - 18- 00001 - 0090 - 00002 . 0 GEORGE A. , SANDRA R . KAHLE 4TH ST, VERO BEACH , FL 32968 NOT A FIELD SURVEY ( OFFICIAL RECORDS BOOK 1376 , PAGE 2100 , I . R . CO. , FL. ) SCALE: 1 " = 60' R/W PARCEL #4 , SHEET 2 OF 2 PROJ. NO. CARTER ASSOCIATES , INC . 98 23E E X H I B I T CONSULTING ENGINEERS AND LAND SURVEYORS DWG. NO. T A k� =6"w 18839 - A 1708 21ST STREET 772 - 562 - 4191 (TEL) SHEET REVISED 3- 8 - 2010 ADDRESS IRC. COMM . FSC VERO BEACH, FLORIDA 32960 - 3472 772 - 562 - 7180 (FAX) 2 OF 2 SKETCH AND DESCRIPTION 0 o W N 0 TRACT 8 L''SECTION 18, T. 33 S . , RGE . 39 E. W om � Ia PINE TREE PARK of INDIAN RIVER FARMS COMPANY SUBDIVISION N a oo O P . B . 2 , PG . 25, S. L. CO. , FL. N w 3 Qom ° UNIT 3 , BLOCK J P . B . 3 , PG . 50 , I . R . CO . , FL . ( NOW I . R . CO . , FL. ) ci a � o Z a LD LL: I m O N J - M CI_ Q 1 g NORTH R . O .W. LINE Q 4TH STREET / EXISTING CITRUS ROAD SOUTH R . O. W. LINE S 89 °43 58 ppE 30 R /W NORTH LINE OF TRACT 9 S 89° 43 ' 58 " E SUB — LATERAL " B - 4 " CANAL 20 . 00 ' P , o . B , I . R . F.W. C . D . 30 ' R . O .W . SOUTH R . O . W. LINE z N LEGEND : EXISTING J F P . O . B . = POINT OF BEGINNING I . R . F. W. C . D . ao a P . O . C . = POINT OF COMMENCEMENT 30 ' R /W w W- _ R /W, R . O . W. = RIGHT- OF- WAY !) `` U I . R . F. W. C . D . = INDIAN RIVER FARMS N 44952 ' 47 " W 6 oo I o ° o ° I �i WATER CONTROL DISTRICT 28 . 36 o 6 bzQ z_ o I . R . F. C . S . = INDIAN RIVER FARMS TRACT 9 [if o N NJ � J COMPANY SUBDIVISION SECTION 18 , T. 33 S. , RGE . 39 E . (n o I V) < (n IU) S . L. CO. , FL. = ST. LUCIE COUNTY, Ld INDIAN RIVER FARMS COMPANY SUBDIVISION V � � FLORIDA P . B . 2 , PG . 25, S. L. CO . , FL. EAST 75 ' I . R F C. S. O . R . B . , PG . = OFFICIAL RECORDS BOOK ( NOW I . R . CO . , FL. ) O . R . B . 1085 , PG . WEST 50 ' 25 ' 25 ' P. B . 2 - PG. 25 ARC ND PAGE = INDIAN RIVER COUNTY, 1316 , I . R . CO . , FL . S. L. CO. , FL. EXISTING FLORIDA 100 ' R /W P . B . & PG . = PLAT BOOK AND PAGE 33 - 39 - 18- 00001 - 0090 - 00002 . 0 GEORGE A. , SANDRA R . KAHLE 4TH ST, VERO BEACH , FL 32968 NOT A FIELD SURVEY ( OFFICIAL RECORDS BOOK 1376 , PAGE 2100 , I . R . CO. , FL. ) SCALE: 1 " = 60' R/W PARCEL #4 , SHEET 2 OF 2 PROJ. NO. CARTER ASSOCIATES , INC . 98 23E E X H I B I T CONSULTING ENGINEERS AND LAND SURVEYORS DWG. NO. T A k� =6"w 18839 - A 1708 21ST STREET 772 - 562 - 4191 (TEL) SHEET REVISED 3- 8 - 2010 ADDRESS IRC. COMM . FSC VERO BEACH, FLORIDA 32960 - 3472 772 - 562 - 7180 (FAX) 2 OF 2 P,repa edi5i&&,,Return ti,: Original Copy fndim River County ROW/Ig 180127"' Street , Vero Beach, FL 32960 PID#33-39- 18 -00001 -0090-00002 . 0 2112570 THIS DOCUMENT HAS BEEN RECORDED IN THE PUBLIC RECORDS OF INDIAN RIVER COUNTY FL BK: 2469 PG : 1257 , Pagel of 2 � p �+ p � �+ 01 /04/2011 at 03 : 58 PM , D DOCTAX PD TEMPORARY CONSTRUCTION EASEMENf . 70 JEFFREY K BARTON , CLERK OF COURT This TEMPORARY CON TRUCTION EASEMENT, made and executed this day of NOd , 2010 , by George A . and Sandra R. Kahle , husband and wife, whose address is 6020 5 "' Street, SW, Vero Beach, FL 32968, hereinafter called GRANTOR to Indian River County, a political subdivision of the State of Florida , whose address is 1801 27t1' Street, Vero Beach, Florida 32960 , hereinafter called GRANTEE , WITNESSETH : That GRANTOR, for and in consideration of the sum of ONE DOLLAR and other consideration , receipt of which is hereby acknowledged, does hereby grant unto the GRANTEE a TEMPORARY CONSTRUCTION EASEMENT on , over, across , and beneath the following described land , situate in Indian River County, Florida, to -wit : EXHIBIT "B " ATTACHED HERETO AND MADE A PART HEREOF This easement is for all construction related incidentals related to the project . No permanent structures shall be constructed on the property and should any of the present improvements located within the boundary of the temporary construction easement suffer damage the County shall replace at current value . The easement shall exist only until the completion of the construction work for the 66t1i Avenue project, County Project No . 9810 , IN WITNESS WHEREOF the GRANTOR has herein set its hand and seal the day and year first above written . Signed, sealed , and delivered in the presence of: cc U ® w z Witness Signature ' Grantor Signature O 0 Printed Name : MA6 (,tli , � f Printed Name : ;dra A . Kahle �. � L m Q Lu Witness Signatur Grantor Signature < JCl � z Printed Name : � r� a ( pVr� Printed Name : R . Kahle p !�* UJ J U J STATE OF FLORIDA } ® j W CL COUNTY OF INDIAN RIVER} a. Z The foregoing instrument was acknowledged before me this f Gday of &dV (, 2010 , by George A . and Sandra R. Kahle , on behalf of same , and they are ersonal known to me or produced as identification . Sign : ) XAAoA6 ,',. " " THOMAS W, 71ERNEY Notary Public , tt . yy 1 ' , , , u , dX;v ;411„ �MY:COMMISSION NDD884260 EXPIRES: June 4, 2013 ?to 'PW4� Bonded Thru Notary Public Undenv iters P,repa edi5i&&,,Return ti,: Original Copy fndim River County ROW/Ig 180127"' Street , Vero Beach, FL 32960 PID#33-39- 18 -00001 -0090-00002 . 0 2112570 THIS DOCUMENT HAS BEEN RECORDED IN THE PUBLIC RECORDS OF INDIAN RIVER COUNTY FL BK: 2469 PG : 1257 , Pagel of 2 � p �+ p � �+ 01 /04/2011 at 03 : 58 PM , D DOCTAX PD TEMPORARY CONSTRUCTION EASEMENf . 70 JEFFREY K BARTON , CLERK OF COURT This TEMPORARY CON TRUCTION EASEMENT, made and executed this day of NOd , 2010 , by George A . and Sandra R. Kahle , husband and wife, whose address is 6020 5 "' Street, SW, Vero Beach, FL 32968, hereinafter called GRANTOR to Indian River County, a political subdivision of the State of Florida , whose address is 1801 27t1' Street, Vero Beach, Florida 32960 , hereinafter called GRANTEE , WITNESSETH : That GRANTOR, for and in consideration of the sum of ONE DOLLAR and other consideration , receipt of which is hereby acknowledged, does hereby grant unto the GRANTEE a TEMPORARY CONSTRUCTION EASEMENT on , over, across , and beneath the following described land , situate in Indian River County, Florida, to -wit : EXHIBIT "B " ATTACHED HERETO AND MADE A PART HEREOF This easement is for all construction related incidentals related to the project . No permanent structures shall be constructed on the property and should any of the present improvements located within the boundary of the temporary construction easement suffer damage the County shall replace at current value . The easement shall exist only until the completion of the construction work for the 66t1i Avenue project, County Project No . 9810 , IN WITNESS WHEREOF the GRANTOR has herein set its hand and seal the day and year first above written . Signed, sealed , and delivered in the presence of: cc U ® w z Witness Signature ' Grantor Signature O 0 Printed Name : MA6 (,tli , � f Printed Name : ;dra A . Kahle �. � L m Q Lu Witness Signatur Grantor Signature < JCl � z Printed Name : � r� a ( pVr� Printed Name : R . Kahle p !�* UJ J U J STATE OF FLORIDA } ® j W CL COUNTY OF INDIAN RIVER} a. Z The foregoing instrument was acknowledged before me this f Gday of &dV (, 2010 , by George A . and Sandra R. Kahle , on behalf of same , and they are ersonal known to me or produced as identification . Sign : ) XAAoA6 ,',. " " THOMAS W, 71ERNEY Notary Public , tt . yy 1 ' , , , u , dX;v ;411„ �MY:COMMISSION NDD884260 EXPIRES: June 4, 2013 ?to 'PW4� Bonded Thru Notary Public Undenv iters o e i 6 q�H y Et� BIT " B " PROPOSED TEMPORARY CONSTRUCTION EASEMENT A STRIP OF LAND 10 FEET WIDE RUNNING ALONG THE NORTHERN BOUNDARY OF THE PROPERTY EAST TO THE PROPOSED 20X20 FEET CORNER CLIP OF RIGHT-OF-WAY; THEN RUNNING 15 FEET WIDE PARRALELL WITH THE CORNER CLIP TURNING SOUTH AND REMAINING 15 FEET WIDE RUNNING PARALELL WITH THE EASTERN BOUNDARY OF THE PROPERTY TO THE SOUTH PROPERTY LINE . i, t �U 11 � 41 . 2 SF 1 \ ' 2L) A , F J /9 �c 4 F AID — v 'v u. a� ly LEGAL DESCRIPTION OF PROPOSED RIGHT-OF-WAY CORNER CLIP PARCEL #4 A PARCEL OF LAND SITUATE IN PART OF TRACT 9, SECTION 18, TOWNSHIP 33 SOUTH, RANGE 39 EAST, ACCORDING TO THE LAST GENERAL PLAT OF LANDS OF THE INDIAN RIVER FARMS COMPANY ' S SUBDIVISION, AS RECORDED IN PLAT BOOK 2, PAGE 25 , PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA, NOW LYING AND BEING IN INDIAN RIVER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS : BEGINNING AT THE NORTHEAST CORNER OF THAT CERTAIN PARCEL OF LAND DESCRIBED IN OFFICIAL RECORDS BOOK 1376, PAGE 2100 OF THE PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA, RUN SOUTH 00°01 ' 36" EAST ALONG THE WEST RIGHT OF WAY LINE OF 66THAVENUE, (SAID WEST TIGHT OF WAY LINE BEING THE WEST LINE OF THE ADDITIONAL 50. 00 FEET STRIP OF LAND DESCRIBED IN OFFICIAL RECORDS BOOK 1085 , PAGE 1316, PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA), A DISTANCE OF 20. 00 FEET; THENCE LEAVING SAID WEST RIGHT OF WAY LINE, RUN NORTH 44052147" WEST TO THE SOUTH RIGHT OF WAY LINE OF SUB-LATERAL "B-4" CANAL, INDIAN RIVER FARMS WATER CONTROL DISTRICT 30 FEET WIDE RIGHT OF WAY, A DISTANCE OF 28 . 36 FEET; THENCE RUN SOUTH 89°43 ' 58 " EAST ALONG SAID SOUTH RIGHT OF WAY LINE, A DISTANCE OF 20. 00 FEET TO THE, POINT OF BEGINNING. CONTAINING 199 . 99 S .F . PARENT TRACT LEGAL DESCRIPTION (O.R,B, 1376, PAGE 2100) THE EAST 20 ACRES OF TRACT 9, IN SECTION 18, TOWNSHIP 33 SOUTH, RANGE 39 EAST, ACCORDING TO THE LAST GENERAL PLAT OF THE INDIAN RIVER FARMS COMPANY FILED IN THE OFFICE OF THE CLERK OF THE CIRCUIT COURT OF ST. LUCIE COUNTY, FLORIDA, IN PLAT BOOK 2, AT PAGE 25 ; SAID LANDS NOW LYING AND BEING IN INDIAN RIVER COUNTY, FLORIDA; LESS AND EXCEPT THAT PARCEL DESCRIBED IN O . R. BOOK 1085, PAGE 1316, PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA. o e i 6 q�H y Et� BIT " B " PROPOSED TEMPORARY CONSTRUCTION EASEMENT A STRIP OF LAND 10 FEET WIDE RUNNING ALONG THE NORTHERN BOUNDARY OF THE PROPERTY EAST TO THE PROPOSED 20X20 FEET CORNER CLIP OF RIGHT-OF-WAY; THEN RUNNING 15 FEET WIDE PARRALELL WITH THE CORNER CLIP TURNING SOUTH AND REMAINING 15 FEET WIDE RUNNING PARALELL WITH THE EASTERN BOUNDARY OF THE PROPERTY TO THE SOUTH PROPERTY LINE . i, t �U 11 � 41 . 2 SF 1 \ ' 2L) A , F J /9 �c 4 F AID — v 'v u. a� ly LEGAL DESCRIPTION OF PROPOSED RIGHT-OF-WAY CORNER CLIP PARCEL #4 A PARCEL OF LAND SITUATE IN PART OF TRACT 9, SECTION 18, TOWNSHIP 33 SOUTH, RANGE 39 EAST, ACCORDING TO THE LAST GENERAL PLAT OF LANDS OF THE INDIAN RIVER FARMS COMPANY ' S SUBDIVISION, AS RECORDED IN PLAT BOOK 2, PAGE 25 , PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA, NOW LYING AND BEING IN INDIAN RIVER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS : BEGINNING AT THE NORTHEAST CORNER OF THAT CERTAIN PARCEL OF LAND DESCRIBED IN OFFICIAL RECORDS BOOK 1376, PAGE 2100 OF THE PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA, RUN SOUTH 00°01 ' 36" EAST ALONG THE WEST RIGHT OF WAY LINE OF 66THAVENUE, (SAID WEST TIGHT OF WAY LINE BEING THE WEST LINE OF THE ADDITIONAL 50. 00 FEET STRIP OF LAND DESCRIBED IN OFFICIAL RECORDS BOOK 1085 , PAGE 1316, PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA), A DISTANCE OF 20. 00 FEET; THENCE LEAVING SAID WEST RIGHT OF WAY LINE, RUN NORTH 44052147" WEST TO THE SOUTH RIGHT OF WAY LINE OF SUB-LATERAL "B-4" CANAL, INDIAN RIVER FARMS WATER CONTROL DISTRICT 30 FEET WIDE RIGHT OF WAY, A DISTANCE OF 28 . 36 FEET; THENCE RUN SOUTH 89°43 ' 58 " EAST ALONG SAID SOUTH RIGHT OF WAY LINE, A DISTANCE OF 20. 00 FEET TO THE, POINT OF BEGINNING. CONTAINING 199 . 99 S .F . PARENT TRACT LEGAL DESCRIPTION (O.R,B, 1376, PAGE 2100) THE EAST 20 ACRES OF TRACT 9, IN SECTION 18, TOWNSHIP 33 SOUTH, RANGE 39 EAST, ACCORDING TO THE LAST GENERAL PLAT OF THE INDIAN RIVER FARMS COMPANY FILED IN THE OFFICE OF THE CLERK OF THE CIRCUIT COURT OF ST. LUCIE COUNTY, FLORIDA, IN PLAT BOOK 2, AT PAGE 25 ; SAID LANDS NOW LYING AND BEING IN INDIAN RIVER COUNTY, FLORIDA; LESS AND EXCEPT THAT PARCEL DESCRIBED IN O . R. BOOK 1085, PAGE 1316, PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA. ORIGINAL 0 AGREEMENT TO PURCHASE , SELL , AND LEASE REAL ESTATE Y BETWEEN INDIAN RIVER COUNTY AND fo GEORGE A . AND SANDRA R . KAHLE THIS AGREEMENT TO PURCHASE AND SELL REAL ESTATE ( "Agreement") is made and entered into as of the 14 th day of December . , 20101 by and between Indian River County , a political subdivision of the State of Florida ( "the County") , and George A . and Sandra R . Kahle , ( Sellers ") , who agree as follows .- WHEREAS , ollows :WHEREAS , George A . and Sandra R . Kahle owns property located at the southwest corner of the intersection of 66th Avenue and 4th 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 66th Avenue in the future and the road expansion will impact and affect George A . and Sandra R . Kahle ; and WHEREAS , in order for the County to proceed with its road expansion plans , the County needs to purchase property to be used as right- of-way from landowners adjacent to 66th Avenue ; and WHEREAS , the County has contacted George A . and Sandra R . Kahle and has offered to purchase right-of-way of approximately 200 square feet of property as depicted on Exhibit "A " (the Property) and a 25 , 955 square feet temporary construction easement as depicted on Exhibit " B " (the Property) from George A . and Sandra R . Kahle and WHEREAS , the County is prepared to take the Property by using its power of eminent domain ; and WHEREAS , George A . and Sandra R . Kahle 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 incorporated 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 at the southwest corner of the intersection of 66th Avenue and 4th Street , Vero Beach , Florida and more specifically described in the sketch and legal description attached as Exhibit "A" , fee simple , containing approximately 200 square feet , all improvements thereon , together with all easements , I