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AGREEMENT TO PURCHASE , SELL , AND LEASE REAL ESTATE
BETWEEN INDIAN RIVER COUNTY
AND
SCHACHT & COMPANY , INC .
THIS AGREEMENT TO PURCHASE AND SELL REAL ESTATE ( "Agreement") is
made and entered into as of the 22 day of June , 20101 by and between
Indian River County , a political subdivision of the State of Florida ("the County" ) , and
Schacht & Company , Inc , who agree as follows :
WHEREAS , Schacht & Company , Inc . owns property located at 4th Street , Vero
Beach , Florida . Legal descriptions of the properties are attached to this agreement as
Exhibit "A" 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 the Schacht & Company , Inc . property ; 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 on 4th
Street ; and
WHEREAS , the County has contacted Schacht & Company , Inc . and has offered to
purchase approximately 30 , 090 square feet of property to be used as right- of-way ( shown
as Exhibit "A " ; and
WHEREAS , the County is prepared to take the Property by using its power of
eminent domain ; and
WHEREAS , Schacht & Company , Inc . and the County wish to avoid the risk , time
and expense of litigation by entering into this agreement for sale and purchase of the entire
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 parcels of real property located on 4th Street , Vero
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AGREEMENT TO PURCHASE , SELL , AND LEASE REAL ESTATE
BETWEEN INDIAN RIVER COUNTY
AND
SCHACHT & COMPANY , INC .
THIS AGREEMENT TO PURCHASE AND SELL REAL ESTATE ( "Agreement") is
made and entered into as of the 22 day of June , 20101 by and between
Indian River County , a political subdivision of the State of Florida ("the County" ) , and
Schacht & Company , Inc , who agree as follows :
WHEREAS , Schacht & Company , Inc . owns property located at 4th Street , Vero
Beach , Florida . Legal descriptions of the properties are attached to this agreement as
Exhibit "A" 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 the Schacht & Company , Inc . property ; 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 on 4th
Street ; and
WHEREAS , the County has contacted Schacht & Company , Inc . and has offered to
purchase approximately 30 , 090 square feet of property to be used as right- of-way ( shown
as Exhibit "A " ; and
WHEREAS , the County is prepared to take the Property by using its power of
eminent domain ; and
WHEREAS , Schacht & Company , Inc . and the County wish to avoid the risk , time
and expense of litigation by entering into this agreement for sale and purchase of the entire
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 parcels of real property located on 4th Street , Vero
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Beach , Florida and more specifically described in the sketch and legal description attached
as Exhibit "A " , fee simple , containing approximately 30 , 090 square feet to be used as right-
of-way , 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 $40 , 000 ( Forty Thousand Dollars ) . Also , the County agrees to pay
$ 9 , 950 for the replacement of a 4 " Deep Well and $ 2150 for removal and replacement of
approximately 1 , 000 feet of cattle fence . The County will assume the responsibility of
plugging the well in the right-of-way when construction deems necessary . 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 Administrato ursu t to his del gated authority .
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3 , i � � marketable title to the Property by warranty deed free of
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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
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Beach , Florida and more specifically described in the sketch and legal description attached
as Exhibit "A " , fee simple , containing approximately 30 , 090 square feet to be used as right-
of-way , 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 $40 , 000 ( Forty Thousand Dollars ) . Also , the County agrees to pay
$ 9 , 950 for the replacement of a 4 " Deep Well and $ 2150 for removal and replacement of
approximately 1 , 000 feet of cattle fence . The County will assume the responsibility of
plugging the well in the right-of-way when construction deems necessary . 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 Administrato ursu t to his del gated authority .
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3 , i � � marketable title to the Property by warranty deed free of
-D
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
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are or may be assessed by any governmental authority , water or sewer authority , school
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 . 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 ) 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 .
( c) 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 .
( d ) 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 .
7 . 1 County shall pay the following expenses at Closing :
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are or may be assessed by any governmental authority , water or sewer authority , school
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 . 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 ) 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 .
( c) 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 .
( d ) 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 .
7 . 1 County shall pay the following expenses at Closing :
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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 Bindinq 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 :
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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 Bindinq 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 :
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If to Seller : Schacht & Company , Inc
610012 th Street
Vero Beach , FL 32968
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 may be 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 Relocation of Personal Property : Sellers shall be responsible for contracting to have
personal property with - in proposed right-of-way relocated before the road project goes out
for bid ( Exhibit " B " ) . Any personal property remaining within the proposed right- of-way at
commencement of project bid , shall be deemed County property .
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If to Seller : Schacht & Company , Inc
610012 th Street
Vero Beach , FL 32968
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 may be 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 Relocation of Personal Property : Sellers shall be responsible for contracting to have
personal property with - in proposed right-of-way relocated before the road project goes out
for bid ( Exhibit " B " ) . Any personal property remaining within the proposed right- of-way at
commencement of project bid , shall be deemed County property .
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IN WITNESS WHEREOF , the undersigned have executed this Agreement as of the
date first set forth above .
INDIAN RIVER COUNTY , FLORIDA Schacht & Company , Inc .
BOARD OF COUNTY COMMISSIONERS
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Peter. D . O ' Bryan , Chair n Loin C . Schacht , VD Date
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ATTEST :
Jeffrey Barton , Clerk Circuit Court
eputy Clerk
Approved :
o eph A . acrd , County Administrat r
Approved as to Form and Legal Sufficiency :
County Attorney
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IN WITNESS WHEREOF , the undersigned have executed this Agreement as of the
date first set forth above .
INDIAN RIVER COUNTY , FLORIDA Schacht & Company , Inc .
BOARD OF COUNTY COMMISSIONERS
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Peter. D . O ' Bryan , Chair n Loin C . Schacht , VD Date
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ATTEST :
Jeffrey Barton , Clerk Circuit Court
eputy Clerk
Approved :
o eph A . acrd , County Administrat r
Approved as to Form and Legal Sufficiency :
County Attorney
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i
SKETCH AND DESCRIPTION
SURVEYOR ' S NOTES :
1 . UNLESS IT BEARS THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A
FLORIDA
LICENSED SURVEYOR AND MAPPER THIS DRAWING , SKETCH , PLAT OR MAP IS FOR
INFORMATIONAL PURPOSES ONLY AND IS NOT VALID .
2 . LANDS SHOWN HEREON WERE NOT ABSTRACTED OR RESEARCHED BY THIS OFFICE
LEGAL DESCRIPTION OF PROPOSED ADDITIONAL RIGHT OF WAY FOR RIGHTS - OF - WAY, EASEMENTS OF RECORD , RESERVATIONS , OWNERSHIP
,
PARCEL #1 AND #45 : ABANDONMENT, DEED RESTRICTIONS , ZONING REGULATIONS OR SETBACK LINES
, LAND
USE PLAN DESIGNATION , ADJOINING DEEDS OR MURPHY ACT DEEDS . THIS SKETCH IS
THE SOUTH 30 . 00 FEET OF THE FOLLOWING DESCRIBED PROPERTY: NOT INTENDED TO DELINEATE WETLANDS ,
LOCAL AREAS OF CONCERN OR ANY OTHER
JURISDICTIONAL DETERMINATION .
THE EAST 10 . 4 ACRES OF TRACT 7 ; AND THE WEST 20 ACRES OF 3 . THIS DESCRIPTION AND
SKETCH CONSISTS OF ( 2) TWO SHEETS , ( 1 ) ONE IS NOT
TRACT 8 ; ALL IN SECTION 18 , TOWNSHIP 33 SOUTH , RANGE 39 VALID WITHOUT THE OTHER ,
EAST, ACCORDING TO THE LAST GENERAL PLAT OF LANDS OF THE
INDIAN RIVER FARMS COMPANY, FILED IN THE OFFICE OF THE 4. THIS EXHIBIT DOES NOT INTEND TO REFLECT OR
DETERMINE OWNERSHIP .
CLERK OF THE CIRCUIT COURT OF ST. LUCIE COUNTY, FLORIDA , IN
PLAT BOOK 2 , PAGE 25 ; SAID LAND NOW LYING AND BEING IN 5 . THIS IS NOT A BOUNDARY SURVEY. A FIELD SURVEY WAS
NOT PERFORMED . THIS
INDIAN RIVER COUNTY, FLORIDA . IS A SKETCH OF LEGAL DESCRIPTION ONLY.
LESS AND EXCEPT RIGHT OF WAY FOR PUBLIC ROADS AND
DRAINAGE CANALS . 6 . BEARINGS ( IF SHOWN ) ARE BASED ON THE NORTH AMERICAN DATUM
OF 1983
CONTAINING 30 , 090 . 0 S . F . , MORE OR LESS , OR 0 . 69 ACRES ADJUSTMENT OF 1990 ( NAD 83 /90)
FLORIDA STATE PLANE COORDINATES , EAST
ZONE ( 901 ) AS REFERENCED TO THE LINE INDICATED AS " BEARING BASIS" AND
ARE
GIVEN FOR THE PURPOSE OF DETERMINING ANGLES ONLY.
7 , THE ADDITIONAL RIGHT OF WAY PARCEL LEGAL DESCRIPTION WAS PREPARED BY
THE SURVEYOR BASED ON 66TH AVENUE ROADWAY IMPROVEMENT DRAWINGS FOR
INDIAN RIVER COUNTY BY CARTER ASSOCIATES , INC . PROJECT NUMBER 98 - 23E ,
COUNTY PROJECT NUMBER 9810 - B , ENGINEERING NUMBER E - 987 - 99 , DATED
NOVEMBER 2008 .
PARENT TRACT LEGAL DESCRIPTION ( 0 R . B . 1374, PAGE 1203 ) : 8 . PARENT TRACT LEGAL DESCRIPTION WAS
OBTAINED FROM THE INDIAN RIVER
COUNTY PROPERTY APPRAISER ' S TAX ROLE WEB SITE . SEARCH OF THE PROPERTY
THE EAST 10 . 4 ACRES OF TRACT 7 ; AND THE WEST 20 ACRES OF APPRAISER ' S TAX ROLE WEB
SITE BEGINNING FEBRUARY 2010 . AN OWNERSHIP &
TRACT 8 ; ALL IN SECTION 18 , TOWNSHIP 33 SOUTH , RANGE 39 ENCUMBRANCE REPORT WAS NOT FURNISHED TO THIS PROFESSIONAL ' SURVEYOR
AND
EAST, ACCORDING TO THE LAST GENERAL PLAT OF LANDS OF THE MAPPER OR FIRM .
INDIAN RIVER FARMS COMPANY, FILED IN THE OFFICE OF THE CERTIFIED T0 :
CLERK OF THE CIRCUIT COURT OF ST. LUCIE COUNTY, FLORIDA , IN _ 'L : _> _'
PLAT BOOK 2 , PAGE 25 ; SAID LAND NOW LYING AND BEING IN INDIAN RIVER COUNTY
INDIAN RIVER COUNTY, FLORIDA . Los
LESS AND EXCEPT RIGHT OF WAY FOR PUBLIC ROADS AND " s I . d a
DRAINAGE CANALS . . FRANK S . UC URESE , [�a'M • == _91 NAT. . E
DATE
ORIDA LI ENSE No . : 4' - ; v ` : . ,• :?'
CA SOCIATES , INC:` L . B . 20 x,�' '
R W PARCEL # 1 AND # 45 , SHEET 1 OF 2
PROJ. NO.
CARTER ASSOCIATES INC . 09-
98423E
CONSULTING ENGINEERS AND LAND SURVEYORS DWG. NO.
18858 - A
1708 21ST STREET 772 - 562 - 4191 (TEL) SHEET
REVISED: 3- 23- 2010 IRC. COMM . ADDRESSED FSC NOT A FIELD SURVEY VERO BEACH, FLORIDA 32960 - 3472 772 - 562 - 7180
(FAX) 1 of 2
i
SKETCH AND DESCRIPTION
SURVEYOR ' S NOTES :
1 . UNLESS IT BEARS THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A
FLORIDA
LICENSED SURVEYOR AND MAPPER THIS DRAWING , SKETCH , PLAT OR MAP IS FOR
INFORMATIONAL PURPOSES ONLY AND IS NOT VALID .
2 . LANDS SHOWN HEREON WERE NOT ABSTRACTED OR RESEARCHED BY THIS OFFICE
LEGAL DESCRIPTION OF PROPOSED ADDITIONAL RIGHT OF WAY FOR RIGHTS - OF - WAY, EASEMENTS OF RECORD , RESERVATIONS , OWNERSHIP
,
PARCEL #1 AND #45 : ABANDONMENT, DEED RESTRICTIONS , ZONING REGULATIONS OR SETBACK LINES
, LAND
USE PLAN DESIGNATION , ADJOINING DEEDS OR MURPHY ACT DEEDS . THIS SKETCH IS
THE SOUTH 30 . 00 FEET OF THE FOLLOWING DESCRIBED PROPERTY: NOT INTENDED TO DELINEATE WETLANDS ,
LOCAL AREAS OF CONCERN OR ANY OTHER
JURISDICTIONAL DETERMINATION .
THE EAST 10 . 4 ACRES OF TRACT 7 ; AND THE WEST 20 ACRES OF 3 . THIS DESCRIPTION AND
SKETCH CONSISTS OF ( 2) TWO SHEETS , ( 1 ) ONE IS NOT
TRACT 8 ; ALL IN SECTION 18 , TOWNSHIP 33 SOUTH , RANGE 39 VALID WITHOUT THE OTHER ,
EAST, ACCORDING TO THE LAST GENERAL PLAT OF LANDS OF THE
INDIAN RIVER FARMS COMPANY, FILED IN THE OFFICE OF THE 4. THIS EXHIBIT DOES NOT INTEND TO REFLECT OR
DETERMINE OWNERSHIP .
CLERK OF THE CIRCUIT COURT OF ST. LUCIE COUNTY, FLORIDA , IN
PLAT BOOK 2 , PAGE 25 ; SAID LAND NOW LYING AND BEING IN 5 . THIS IS NOT A BOUNDARY SURVEY. A FIELD SURVEY WAS
NOT PERFORMED . THIS
INDIAN RIVER COUNTY, FLORIDA . IS A SKETCH OF LEGAL DESCRIPTION ONLY.
LESS AND EXCEPT RIGHT OF WAY FOR PUBLIC ROADS AND
DRAINAGE CANALS . 6 . BEARINGS ( IF SHOWN ) ARE BASED ON THE NORTH AMERICAN DATUM
OF 1983
CONTAINING 30 , 090 . 0 S . F . , MORE OR LESS , OR 0 . 69 ACRES ADJUSTMENT OF 1990 ( NAD 83 /90)
FLORIDA STATE PLANE COORDINATES , EAST
ZONE ( 901 ) AS REFERENCED TO THE LINE INDICATED AS " BEARING BASIS" AND
ARE
GIVEN FOR THE PURPOSE OF DETERMINING ANGLES ONLY.
7 , THE ADDITIONAL RIGHT OF WAY PARCEL LEGAL DESCRIPTION WAS PREPARED BY
THE SURVEYOR BASED ON 66TH AVENUE ROADWAY IMPROVEMENT DRAWINGS FOR
INDIAN RIVER COUNTY BY CARTER ASSOCIATES , INC . PROJECT NUMBER 98 - 23E ,
COUNTY PROJECT NUMBER 9810 - B , ENGINEERING NUMBER E - 987 - 99 , DATED
NOVEMBER 2008 .
PARENT TRACT LEGAL DESCRIPTION ( 0 R . B . 1374, PAGE 1203 ) : 8 . PARENT TRACT LEGAL DESCRIPTION WAS
OBTAINED FROM THE INDIAN RIVER
COUNTY PROPERTY APPRAISER ' S TAX ROLE WEB SITE . SEARCH OF THE PROPERTY
THE EAST 10 . 4 ACRES OF TRACT 7 ; AND THE WEST 20 ACRES OF APPRAISER ' S TAX ROLE WEB
SITE BEGINNING FEBRUARY 2010 . AN OWNERSHIP &
TRACT 8 ; ALL IN SECTION 18 , TOWNSHIP 33 SOUTH , RANGE 39 ENCUMBRANCE REPORT WAS NOT FURNISHED TO THIS PROFESSIONAL ' SURVEYOR
AND
EAST, ACCORDING TO THE LAST GENERAL PLAT OF LANDS OF THE MAPPER OR FIRM .
INDIAN RIVER FARMS COMPANY, FILED IN THE OFFICE OF THE CERTIFIED T0 :
CLERK OF THE CIRCUIT COURT OF ST. LUCIE COUNTY, FLORIDA , IN _ 'L : _> _'
PLAT BOOK 2 , PAGE 25 ; SAID LAND NOW LYING AND BEING IN INDIAN RIVER COUNTY
INDIAN RIVER COUNTY, FLORIDA . Los
LESS AND EXCEPT RIGHT OF WAY FOR PUBLIC ROADS AND " s I . d a
DRAINAGE CANALS . . FRANK S . UC URESE , [�a'M • == _91 NAT. . E
DATE
ORIDA LI ENSE No . : 4' - ; v ` : . ,• :?'
CA SOCIATES , INC:` L . B . 20 x,�' '
R W PARCEL # 1 AND # 45 , SHEET 1 OF 2
PROJ. NO.
CARTER ASSOCIATES INC . 09-
98423E
CONSULTING ENGINEERS AND LAND SURVEYORS DWG. NO.
18858 - A
1708 21ST STREET 772 - 562 - 4191 (TEL) SHEET
REVISED: 3- 23- 2010 IRC. COMM . ADDRESSED FSC NOT A FIELD SURVEY VERO BEACH, FLORIDA 32960 - 3472 772 - 562 - 7180
(FAX) 1 of 2
TRACT 7 TRACT 8 ._
SECTION 18 , T. 33 S. , RGE. 39 E. SECTION 18, T. 33 S. , RGE. 39 E .
- INDIAN RIVER FARMS COMPANY SUBDIVISION INDIAN RIVER FARMS COMPANY SUBDIVISION
P . B . 2, PG. 25, S. L. CO. , FL. SCHACHT & CO. , INC. P . B . 2, PG. 25, S. L. CO.
, FL.
( NOW I .R . CO. ,FL. ) 33 - 39 - 18 - 00001 - 0070 - 00003 . 0 (NOW I . R . CO. , FL. )
4TH STREET, VERO BEACH , FL 32968
( OFFICIAL RECORDS BOOK 1374 , PAGE 12030 WEST LINE OF W. 20 AC .
-ZWEST LINE OF E. 10 . 4 AC. I . R . CO. , FL. ) EAST LINE OF E. 10. 4 AC. h OF TR . B
OF TR.7 OF, TRACT 7
E. 10 . 4 AC. OF TR . 7 - - W. 20 AC . _TR . 8
343Tt NEW NORTH R . O . W . LINE OF 4TH STREET 330 ' 1 = Q
0 PARCEL # 1 a PARCEL . # 1 0
o PROPOSED ADDITIONAL 10 PROPOSED ,ADDITIONAL
v1 RIGHT OF WAY RIGHT OF WAY U) W
343 ' ± _ _330'.± . Z
# EXISTING NORTH R . O .W. LINE OF 4TH STREET COMMON vi _
4TH STREET / CITRUS ROAD o TRACT v
Y4 SECTION LINE AND TRACT LINE "o CORNER a
+ N 89' 43 ' 58 " W SOUTH R . O . W. 4TH STREET I 0 Q
" BEARING BASIS " NORTH R . O . W. SUB - LATERAL " B - 4 " CANAL -
ai
I . R . F . W . C . D . o
SOUTH R . O . W . SUB - LATERAL " B - 4 " CANAL — —
0 rn 4
� I
TRACT 8 LEGEND :
SECTION 18, T. 33 S. , RGE. 39 E. P . O . B . = POINT OF BEGINNING
SCHACHT & CO. , INC . INDIAN RIVER FARMS COMPANY SUBDIVISION
33 - 39 - 18- 00001 - 0080- 00002 . 0 P. B. 2, PG. 25, S. L. CO. , FL. P . O . C . = POINT OF COMMENCEMENT
4TH STREET, VERO BEACH , FL 32968 (NOW I . R . CO. , FL. ) R /W, R . O . W. = RIGHT— OF—
WAY
I . R . F. W. C . D . = INDIAN RIVER FARMS
( OFFICIAL RECORDS BOOK 1374 , PAGE 1203 , WATER CONTROL DISTRICT
EAST LINE OF ��_ WEST LINE OF E. 10 AC I . R. CO. , FL. ) EAST LINE of W. 20 AC. I . R .
F . C . S . = INDIAN RIVER FARMS
WAD AC. OF TR.8 OF W. 20 AC . OF TR . 8 OF TR.8
W. 20 AC. OF TR. 8 COMPANY SUBDIVISION
_ _ _ _ _ _ _ S . L. CO . , FL. = ST. LUCIE COUNTY,
330 ' 1 NEW NORTH R . O .W . LINE OF 4TH STREET = FLORIDA
Q o o PARCEL # 45 DO o O . R . B . , PG . = OFFICIAL RECORDS BOOK
o PROPOSED ADDITIONAL oN n AND PAGE
W nI RIGHT OF WAY
7 1 330 ' ± I . R . CO . , FL . = INDIAN RIVER COUNTY,
N N EXISTING NORTH R . O .W . LINE OF 4TH STREET FLORIDA
o "
_ 4TH STREET CITRUS ROAD P . B . & PG . = PLAT BOOK AND PAGE
/ PD . = PLANNED DEVELOPMENT
F� N 89' 43 ' 58 " W I SOUTH R . O . W . 4TH STREET ( P ) = PLATTED DATA
" BEARING BASIS " NORTH R . O .W. SUB - LATERAL "B - 4" CANAL PL. = PROPERTY LINE
Y4 SECTION LINE AND TRACT LINE o o a vi TR . = TRACT
I . R . F . W . C . D .
AC . = ACRES
SOUTH R . O .W . SUB - LATERAL "B - 4 " CANAL
NOT A FIELD SURVEY
SCALE: 1 "= 60' R/W PARCEL # 1 and 45 , SHEET 2 OF 2
PROJ. NO,
CARTER ASSOCIATES INC . 98 23E
CONSULTING ENGINEERS AND LAND SURVEYORS DWG. N0.
18858 - A
16
SKETCH AND DESCRIPTION 1708 21ST STREET 772 - 562 - 4191 (TEL) SHEET
REVISED: 3- 23- 2010 IRC. COMM . ADDRESSED FSC VERO BEACH, FLORIDA 32960 - 3472 772 - 562 - 7180 (FAX)
2 OF 2
TRACT 7 TRACT 8 ._
SECTION 18 , T. 33 S. , RGE. 39 E. SECTION 18, T. 33 S. , RGE. 39 E .
- INDIAN RIVER FARMS COMPANY SUBDIVISION INDIAN RIVER FARMS COMPANY SUBDIVISION
P . B . 2, PG. 25, S. L. CO. , FL. SCHACHT & CO. , INC. P . B . 2, PG. 25, S. L. CO.
, FL.
( NOW I .R . CO. ,FL. ) 33 - 39 - 18 - 00001 - 0070 - 00003 . 0 (NOW I . R . CO. , FL. )
4TH STREET, VERO BEACH , FL 32968
( OFFICIAL RECORDS BOOK 1374 , PAGE 12030 WEST LINE OF W. 20 AC .
-ZWEST LINE OF E. 10 . 4 AC. I . R . CO. , FL. ) EAST LINE OF E. 10. 4 AC. h OF TR . B
OF TR.7 OF, TRACT 7
E. 10 . 4 AC. OF TR . 7 - - W. 20 AC . _TR . 8
343Tt NEW NORTH R . O . W . LINE OF 4TH STREET 330 ' 1 = Q
0 PARCEL # 1 a PARCEL . # 1 0
o PROPOSED ADDITIONAL 10 PROPOSED ,ADDITIONAL
v1 RIGHT OF WAY RIGHT OF WAY U) W
343 ' ± _ _330'.± . Z
# EXISTING NORTH R . O .W. LINE OF 4TH STREET COMMON vi _
4TH STREET / CITRUS ROAD o TRACT v
Y4 SECTION LINE AND TRACT LINE "o CORNER a
+ N 89' 43 ' 58 " W SOUTH R . O . W. 4TH STREET I 0 Q
" BEARING BASIS " NORTH R . O . W. SUB - LATERAL " B - 4 " CANAL -
ai
I . R . F . W . C . D . o
SOUTH R . O . W . SUB - LATERAL " B - 4 " CANAL — —
0 rn 4
� I
TRACT 8 LEGEND :
SECTION 18, T. 33 S. , RGE. 39 E. P . O . B . = POINT OF BEGINNING
SCHACHT & CO. , INC . INDIAN RIVER FARMS COMPANY SUBDIVISION
33 - 39 - 18- 00001 - 0080- 00002 . 0 P. B. 2, PG. 25, S. L. CO. , FL. P . O . C . = POINT OF COMMENCEMENT
4TH STREET, VERO BEACH , FL 32968 (NOW I . R . CO. , FL. ) R /W, R . O . W. = RIGHT— OF—
WAY
I . R . F. W. C . D . = INDIAN RIVER FARMS
( OFFICIAL RECORDS BOOK 1374 , PAGE 1203 , WATER CONTROL DISTRICT
EAST LINE OF ��_ WEST LINE OF E. 10 AC I . R. CO. , FL. ) EAST LINE of W. 20 AC. I . R .
F . C . S . = INDIAN RIVER FARMS
WAD AC. OF TR.8 OF W. 20 AC . OF TR . 8 OF TR.8
W. 20 AC. OF TR. 8 COMPANY SUBDIVISION
_ _ _ _ _ _ _ S . L. CO . , FL. = ST. LUCIE COUNTY,
330 ' 1 NEW NORTH R . O .W . LINE OF 4TH STREET = FLORIDA
Q o o PARCEL # 45 DO o O . R . B . , PG . = OFFICIAL RECORDS BOOK
o PROPOSED ADDITIONAL oN n AND PAGE
W nI RIGHT OF WAY
7 1 330 ' ± I . R . CO . , FL . = INDIAN RIVER COUNTY,
N N EXISTING NORTH R . O .W . LINE OF 4TH STREET FLORIDA
o "
_ 4TH STREET CITRUS ROAD P . B . & PG . = PLAT BOOK AND PAGE
/ PD . = PLANNED DEVELOPMENT
F� N 89' 43 ' 58 " W I SOUTH R . O . W . 4TH STREET ( P ) = PLATTED DATA
" BEARING BASIS " NORTH R . O .W. SUB - LATERAL "B - 4" CANAL PL. = PROPERTY LINE
Y4 SECTION LINE AND TRACT LINE o o a vi TR . = TRACT
I . R . F . W . C . D .
AC . = ACRES
SOUTH R . O .W . SUB - LATERAL "B - 4 " CANAL
NOT A FIELD SURVEY
SCALE: 1 "= 60' R/W PARCEL # 1 and 45 , SHEET 2 OF 2
PROJ. NO,
CARTER ASSOCIATES INC . 98 23E
CONSULTING ENGINEERS AND LAND SURVEYORS DWG. N0.
18858 - A
16
SKETCH AND DESCRIPTION 1708 21ST STREET 772 - 562 - 4191 (TEL) SHEET
REVISED: 3- 23- 2010 IRC. COMM . ADDRESSED FSC VERO BEACH, FLORIDA 32960 - 3472 772 - 562 - 7180 (FAX)
2 OF 2