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AGREEMENT TO PURCHASE , SELL , AND LEASE REAL ESTATE
BETWEEN INDIAN RIVER COUNTY
AND
ST . SEBASTIAN CONFERENCE OF ST , VINCENT DE PAUL SOCIETY , INC .
THIS AGREEMENT TO PURCHASE AND SELL REAL ESTATE ("Agreement") is
made and entered into as of the 20 day of August 2013 , by and between Indian River
County , a political subdivision of the State of Florida ("the County") , and St. Sebastian
Conference Of St . Vincent DePaul Society , Inc. , who agree as follows :
WHEREAS , St. Sebastian Conference Of St. Vincent DePaul Society , Inc . owns
property located at 5480 85th Street, Sebastian , Florida . A sketch and legal description of
the property is attached to this agreement as Exhibit "A" and " B" , incorporated by reference
herein ; and
WHEREAS , the County is scheduled to expand CR510 , also known as 85th Street ,
in the future and the road expansion will impact the property of St . Sebastian Conference
Of St . Vincent DePaul Society, Inc. ; 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 CR510 ; and
WHEREAS , the County has contacted St . Sebastian Conference Of St . Vincent
DePaul Society , Inc. and has offered to purchase right-of-way approximately 385 square
feet of property as depicted on Exhibit "A" (the Property) , and a temporary construction
easement approximately 2 , 888 square feet of property as depicted on Exhibit " B" , and
WHEREAS , the County is prepared to take the Property by using its power of
eminent domain ; and
WHEREAS , St. Sebastian Conference Of St. Vincent DePaul Society , 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 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 on 5480 85th Street ,
Sebastian , Florida and more specifically described in the sketch and legal description
attached as Exhibit "A" , fee simple , containing approximately 385 square feet, all
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improvements thereon , together with all easements , rights and uses now or hereafte
belonging thereto (collectively , the " Property") . Also , the purchase will include a 404eet'
tempora co struc ion sement , as depicted on Exhibit " B " . ,ecacna a d a i ��
�t [� , y, �`
2 . 1 Purchase Price , Effective Date . The purchase price (" Purchase Price ) for the
Property shall be $3 , 223 .46 (Three Thousand Two Hundred Twenty-Three and 46/100
Dollars) . The Purchase Price shall be paid on the Closing Date . The Effective Date of this
Agreement shall be the date upon which the County shall have approved the execution of
this Agreement , either by approval by the Indian River County Board of County
Commissioners at a formal meeting of such Board or by the County Administrator pursuant
to his delegated authority .
3 . Title . Seller shall convey marketable title to the Property by warranty deed free of
claims , liens , easements and encumbrances of record or known to Seller; but subject to
property taxes for the year of Closing and covenants , restrictions and public utility
easements of record provided (a) there exists at Closing no violation of any of the
foregoing ; and (b) none of the foregoing prevents County's intended use and development
of the Property (" Permitted Exceptions") .
3 . 1 County may order an Ownership and Encumbrance Report or Title Insurance
Commitment with respect to the Property . County shall within fifteen ( 15) days following
the Effective Date of this Agreement deliver written notice to Seller of title defects . Title
shall be deemed acceptable to County if (a) County fails to deliver notice of defects within
the time specified , or (b) County delivers notice and Seller cures the defects within thirty
( 30 ) days from receipt of notice from County of title defects ("Curative Period ") . Seller shall
use best efforts to cure the defects within the Curative Period and if the title defects are not
cured within the Curative Period , County shall have thirty (30) days from the end of the
Curative Period to elect, by written notice to Seller, to : (i) to terminate this Agreement ,
whereupon shall be of no further force and effect, or (ii) extend the Curative Period for up
to an additional 90 days ; or (iii) accept title subject to existing defects and proceed to
closing .
4 . Representations of the Seller.
4 . 1 Seller 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.
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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 deliverto 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 .
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7 . 1 County shall pay the following expenses at Closing :
701 . 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 Controllinq Law. This Agreement shall be construed and enforced in accordance
with the laws of the State of Florida . Venue shall be in Indian River County for all state
court matters , and in the Southern District of Florida for all federal court matters .
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 . E
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. St. Sebastian Conference of St. Vincent DePaul Society , Inc .
c/o Anthony Donini , MCPA — Reg . Agent
1623 U . S . Highway 1 , Ste B4
Sebastian , FL 32958
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 " Seller acknowledges receipt of the " Notice to Owner" and understands his/her
rights granted under Florida Law Chapters 73 and 74 .
Initials
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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 ST. SEBASTIAN CONFERENCE OF ST .
BOARD OF COUNTY COMMISSIONERS VINCENT DE PAUL SOCIETY, INC .
Ze Q'-q )>, 9113
gelA E . Fle cher, Chairman Signature Date
Approved b BCC 08- 2o-13 !1 D � � . ' C'qA) To/,
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Jeffrey R . Smith , rk of Co and Comptroller
B
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Approved :
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rsephBaird , County Administrator
Approved as to F 4 an gal Sufficiency :
County Attorney
6
SKETCH OF DESCRIPTION
PARCEL 31392800000500000033 . 0
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CERTIFICATION :
I HEREBY CERTIFY THAT THIS SKETCH OF DESCRIPTION IS TRUE AND
ACCURATE TO THE BEST OF MY KNOWLEDGE AND BELIEF AND WAS PREPARED
UNDER MY DIRECT SUPERVISION . FURTHER , THIS DOCUMENT IS IN
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AOF
ND FMAPPERSAPURSUANTRTO SECTIONF472iO27BFLORIDA STATUTESONAL SURVEYORS
FOR THE FIRM.
CHRISTOPHER P . MILLER , -PSM
FLORIDA REGISTRATION NUMBER 5921
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SKETCH OF DESCRIPTION
PARCEL 31392800000500000033 . 0
ST . SEBASTIAN CONFERENCE
OF ST . VINCENT DE PAUL
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COUNTY ROAD 510
RIGHT - OF - WAY PARCEL 424
COUNTY ROAD 510 RIGHT - OF — WAY PARCEL 424
A PARCEL OF LAND BEING A PORTION OF UNINCORPORATED INDIAN RIVER COUNTY LYING
IN SECTION 28 , TOWNSHIP 31 SOUTH , RANGE 39 EAST . OF INDIAN RIVER COUNTY . FLORIDA .
SAID PARCEL BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS :
COMMENCE AT THE SOUTHWEST CORNER OF SECTION 28 , TOWNSHIP 31 SOUTH , RANGE 39
EAST , OF INDIAN RIVER COUNTY , SAID POINT BEING ON THE SURVEY BASELINE FOR
COUNTY ROAD 510 AS SHOWN ON THE UNRECORDED INDIAN RIVER COUNTY RIGHT - OF = WAY MAP
FOR COUNTY ROAD 510 ( WABASSO ROAD ) , SHEET 5 OF 10 ; THENCE NORTH 89015 ' 38 " EAST
ALONG THE SOUTH LINE OF SAID SECTION 28 , A DISTANCE OF 1 , 350 . 57 FEETi THENCE
NORTH 00044022 " WEST , A DISTANCE OF 40 . 00 FEET TO A POINT OF INTERSECTION WITH
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EAST RIGHT - OF — WAY LINE OF 55TH AVENUE , A 50 FOOT • RIGHT — OF " WAY AS SHOWN ON SAID
RIGHT — OF — WAY MAP AND THE POINT OF BEGINNING , SAID POINT BEING THE SOUTHWEST
CORNER OF A PARCEL OF LAND OWNED BY ST • SEBASTIAN CONFERENCE OF ST , VINCENT DE
PAUL , AS RECORDED IN OFFICIAL RECORDS BOOK 1002 , PAGE 1661 OF THE PUBLIC
RECORDS , INDIAN RIVER COUNTY . FLORIDAi THENCE NORTH 00038 ' 55 " WEST , ALONG THE
WEST LINE OF SAID ST • SEBASTIAN PARCEL AND SAID EAST RIGHT — OF — WAY LINE OF 55TH
AVENUE , A DISTANCE OF 26 . 69 FEETi THENCE SOUTH 44041 ' 54 " EAST , A DISTANCE OF
35 . 94 FEET TO A POINT ON A NON - TANGENT CURVE CONCAVE TO THE NORTH , HAVING A
RADIAL BEARING OF NORTH 00053049 " EAST , THENCE EASTERLY ALONG SAID CURVE , HAVING
A RADIUS OF 2018 . 00 FEET , THROUGH A CENTRAL ANGLE OF 03 ° 33 ' 00 " , AN ARC DISTANCE
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PARCEL , SAID POINT HAVING A RADIAL BEARING OF NORTH D2 ° 39 ' 11 " WEST , THENCE
SOUTH 00038055 " EAST , ALONG SAID EAST LINE , A DISTANCE OF 1 . 13 FEET TO A POINT
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BEGINNING .
SAID PARCEL CONTAINING 385 SQUARE FEET ( 0 . 009 ACRES ) MORE OR LESS .
PARCEL SKETCH - NOT A SURVEY
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COUNTY ROAD 510 M
TEMPORARY CONSTRUCTION EASEMENT 724 co
SURVEYOR ' S NOTES : EX Znd
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2 . BEARINGS SHOWN BASED ON COUNTY ROAD 510 BASELINE OF '
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3 . DISTANCES SHOWN BASED ON ENGLISH UNITS , US SURVEY FOOT . 1 " 60 '
4 . THIS LEGAL DESCRIPTION AND SKETCH IS BASED ON THE
PRELIMINARY RIGHT - OF - WAY MAP FOR COUNTY ROAD 510
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DIRECTED BY INDIAN RIVER COUNTY , FLORIDA .
5 . THE SCALE OF THIS DRAWING MAY HAVE BEEN DISTORTED
DURING REPRODUCTION PROCESS .
LEGENQ
BASELINE P . O . C . • POINT OF COMMENCEMENT PG . • PAGE
R /W • RIGHT - OF - WAY P . O . B . • POINT OF BEGINNING FND . • FOUND
SEC . • SECTION P . R . C . • POINT OF REVERSE CURVATURE R • RADIUS
t • PROPERTY LINE P . T . - POINT OF TANGENCY a • DELTA
C . R . • COUNTY ROAD D . E . • DRAINAGE EASEMENT L • ARC LENGTH
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O . R . B . • OFFICIAL RECORDS BOOK
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SEPARATE DOCUMENT - ST . SEBASTIAN PARCEL R /W LINE o
29 2e N 89015438 " E ADIAL BEARING Q
1 , 350 . 57 ' N 00° 53 ' 49 " E SEC . 28 - 31 - 39
N 00044022 " W SURVEY C . R . 510 ( WABASSO RD . ) SEC . 33 - 31 - 39
32 33 40 . 00 . SECTION LINE
N 44 ° 41 ' 54 " W
21 . 52 ' CURVE DATA
. O . C .
S . W. CORNER CI C2 C3
SEC . 28 - 31 - 39 A • 03008 ' 47 " e • 00 ° 52 ' 18 " 0 • 03 ° 33000 "
FND . BOAT SPIKE L • 109 . 99 ' L . 30 . 01 ' L • 125 . 03 '
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CERTIFICATION +
I HEREBY CERTIFY THAT THIS SKETCH OF DESCRIPTION IS TRUE AND
ACCURATE TO THE BEST OF MY KNOWLEDGE AND BELIEF AND WAS PREPARED
UNDER MY DIRECT SUPERVISION . FURTHER. THIS DOCUMENT IS IN
COMPLIANCE WITH THE MINIMUM TECHNICAL STANDARDS FOR THE STATE
OF FLORIDA AS SET FORTH BY THE FLORIDA BOARD OF PROFESSIONAL SURVEYORS
AND MAPPERS PURSUANT TO SECTION 472 . 027 FLORIDA STATUTES .
FOR THE FIRM,
CHRISTOPHER P . MILLER , PSM
FLORIDA REGISTRATION NUMBER 5921
CARDNO TBE
A Carl*= PARCEL SKETCH - NOT A SURVEY
V , TBE COUNTY ROAD NO . 510 - PARCEL 724 INDIAN RIVER COUNTY
CARDNO TOEPREPA RED BT, DATA SOLMCE.
3427 N. T:. SS *n STREET By DATE
FT . LALIDERDALE , FL , 33309 CARDNO TBE N /A
P14ONE • • 9s40936 - 9309 Dual Re To 06 - 14- 12
LS • S"g CNEODM V soNeRS 06. 14 . 12 CARDNO TBE PN : 05038 - 002 -00 SHEET 1 OF 2
SKETCH OF DESCRIPTION
PARCEL 31392800000500000033 . 0
ST . SEBASTIAN CONFERENCE
OF ST . VINCENT DE PAUL
O . R . B . 1002 , PAGE 1661
COUNTY ROAD 510
TEMPORARY CONSTRUCTION EASEMENT 724
COUNTY ROAD 510 TEMPORARY CONSTRUCTION EASEMENT 724
A PARCEL OF LAND BEING A PORTION OF UNINCORPORATED INDIAN RIVER COUNTY , LYING
IN SECTION 28 . TOWNSHIP 31 SOUTH . RANGE 39 EAST , OF INDIAN RIVER COUNTY . FLORIDA .
SAID PARCEL BEING MORE PARTICULARLY DESCRIBED AS FOLLOWSz
COMMENCE AT THE SOUTHWEST CORNER OF SECTION 28 . TOWNSHIP 31 SOUTH , RANGE 39
EAST . OF INDIAN RIVER COUNTY , SAID POINT BEING ON THE SURVEY BASELINE FOR
COUNTY ROAD 510 AS SHOWN ON THE UNRECORDED INDIAN RIVER COUNTY RIGHT - OF - WAY MAP
FOR COUNTY ROAD 510 ( WABASSO ROAD ) . SHEET 5 OF 10 ; THENCE NORTH 89015 ' 38 " EAST
ALONG THE SOUTH LINE OF SAID SECTION 28 . A DISTANCE OF 1 , 350 . 57 FEET ; THENCE
NORTH 00044022 " WEST , A DISTANCE OF 40 . 00 FEET TO A POINT OF INTERSECTION WITH
THE EXISTING EAST RIGHT - OF - WAY LINE OF 55TH AVENUE , A 50 FOOT RIGHT - OF - WAY AS
SHOWN ON SAID RIGHT - OF - WAY MAP , AND WITH THE EXISTING NORTH RIGHT - OF - WAY LINE
OF SAID COUNTY ROAD 510 , SAID POINT BEING THE SOUTHWEST CORNER OF A PARCEL OF
LAND OWNED BY ST . SEBASTIAN CONFERENCE OF ST . VINCENT DE PAUL , AS RECORDED IN
OFFICIAL RECORDS BOOK 10029 PAGE 1661 OF THE PUBLIC RECORDS . INDIAN RIVER
COUNTY , FLORIDA ; THENCE NORTH 00 ° 38 ' 55 " WEST , ALONG THE WEST LINE OF SAID
ST . SEBASTIAN PARCEL AND SAID EAST RIGHT - OF - WAY LINE . A DISTANCE OF 26 . 69 FEET ;
THENCE SOUTH 44041054 " EAST , A DISTANCE OF 14 . 42 FEET TO A POINT ON A
NON - TANGENT CURVE CONCAVE TO THE NORTH , HAVING A RADIAL BEARING OF
NORTH 01020012 " EAST , AND TO THE POINT OF BEGINNING ; THENCE EASTERLY ALONG SAID
CURVE , HAVING A RADIUS OF 2003 . 00 FEET . THROUGH A CENTRAL ANGLE OF 03008047 " 9
AN ARC DISTANCE OF 109 . 99 FEET TO A NON - TANGENT POINT , SAID POINT HAVING A
RADIAL BEARING OF NORTH 01048 ' 35 " WEST ; THENCE NORTH 00 ° 38 ' 55 " WEST , A DISTANCE
OF 30 . OI FEET TO A POINT ON A NON - TANGENT CURVE CONCAVE TO THE NORTH , HAVING- A
RADIAL BEARING OF NORTH- 01049 ' 39 " WEST ; THENCE EASTERLY ALONG SAID CURVE , HAVIN
A RADIUS OF 1 , 973 . 00 FEET , THROUGH A CENTRAL ANGLE OF 00052 ' 18 " , AN ARC
DISTANCE OF 30 . 01 FEET TO A NON - TANGENT POINT , SAID POINT BEING ON THE EAST
LINE OF THE AFOREMENTIONED ST . SEBASTIAN PARCEL . AND HAVING A RADIAL BEARING OF
NORTH 02 ' 41056 " WEST = THENCE SOUTH 00 " 38 ' 55 " EAST . ALONG SAID EAST LINE , A
DISTANCE OF 45 . 03 FEET TO A •POINT ON A NON - TANGENT CURVE CONCAVE TO THE NORTH ,
HAVING A RADIAL BEARING OF NORTH 02 ° 39 ' 11 " WEST ] THENCE WESTERLY ALONG SAID
CURVE . HAVING A RADIUS OF 2018 . OD FEET , THROUGH A CENTRAL ANGLE OF 03033 ` 00 %
AN ARC DISTANCE OF 125 . 03 FEET TO A NON - TANGENT POINT HAVING A RADIAL BEARING
OF NORTH 00053 ' 49 " EAST ; THENCE NORTH 44 ° 41 ' 54 " WEST , A DISTANCE OF 21 . 52 FEET
TO THE POINT OF BEGINNING .
SAID PARCEL CONTAINING 2 , 888 SQUARE FEET ( 0 . 066 ACRES ) MORE OR LESS .
PARCEL SKETCH - NOT A SURVEY
THE COUNTY ROAD N0 . 510 - PARCEL 724 INDIAN RIVER COUNTY
CARDND TOE LATE MtEPARED eT. DATA SWRCE.
342T N. R. 55th STREET CARDWO TBE NIA
FT . LAUDERDALE * RL , '33309MIN R, i- 06" 14012PHONE • • 954 - 938 - 9384
Ln • ssne papyp y QRS 06. 4 - 12 CARDNO TBE PNs 05038 - 002 • DO SHEET 2 OF 2
TCE — CR510 Project #0549 — 5e Avenue to IR Lagoon
US 1 — 87th Street to 80 Street — McMahon Design Section
PID#31 -39-28-00000-5000-00033.0 Project Parcel #724
Prepared by and return to : IRC-PW-Ig
1801 27d' Street, Vero Beach , FL 32960-3388
TEMPORARY CONSTRUCTION EASEMENT
This TEMPORARY CONSTRUCTION EASEMENT , made and executed this day of
20131 by St. Sebastian Conference Of St. Vincent DePaul Society , Inc,
whose address is 5480 85th Street, Vero Beach , FL 32967-5544 , hereinafter called
GRANTOR to Indian River County , a political subdivision of the State of Florida , whose
address is 1801 27th Street, Vero Beach , Florida 32960-3388 , 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 "A" ATTACHED HERETO AND MADE A PART HEREOF
This easement is for the purpose of all construction incidentals , such as ; grading , sloping ,
sodding , etc. This easement shall exist only until the completion of the construction work for
the CR510/US1 Project No . 0549 .
IN WITNESS WHEREOF the GRANTOR has herein set its hand and seal the day and year
first above written .
Signed , sealed , and delivered St. Sebastian Conference of St. Vincent
in the presence of: DePaul Society , Inc.
Witness SignatureBSIPA= Grantor Signature /4 ' LMV "0'
Printed Name : VUt ( 1 Printed Name : R 0 a r" i? 12 d � AP ,
r Title:�'?����p��-
Witness Signatur
Printed Name : f�4.3 5.W��.5
STATE OF FLORIDA)
COUNTY OF INDIAN RIVER} Sl'
The foregoing instrument was acknowledged before me this day of J I/ ,
2013 , on behalf of St. Sebas ian Conference of St. Vincent D Paul Society , Inc . , a Florida
Non Profit Corporation , by C',� 0 L2 � and he is personally
known to me or produced driver' s license as Identification
Sign : / Goo 4
Notary bis
Printed name & Com 0" C.sTATZ0>? pWRMA
Janice Leger
a Commissiotk # P+MS065
,f Expires: JUNE0602013 Approved as o F d L gal Sufficiency :
B� '�9 ATLAN'iZ
` County Att rnek
SKETCH OF DESCRIPTION
PARCEL 31392800000500000033 . 0 HIIT
ST . SEBASTIAN CONFERENCE OF ST . VINCENT DE PAUL
O . R . B . 1002 , PAGE 1661 M
COUNTY ROAD 510 M
TEMPORARY CONSTRUCTION EASEMENT 724 v
SURVEYOR ' S NOTES : o
I . THIS IS NOT A BOUNDARY SURVEY .
2 . BEARINGS SHOWN BASED ON COUNTY ROAD 510 BASELINE OF
SURVEY AND NORTH LINE OF THE S • W. 1 /4 OF SECTION 28 ; W
w
SAID LINE BEARS N 89015038 " E .
3 • DISTANCES SHOWN BASED ON ENGLISH UNITS US SURVEY FOOT .
4 . THIS LEGAL DESCRIPTION AND SKETCH IS BISED ON THE 1 " • 60
PRELIMINARY RIGHT - OF -WAY MAP FOR COUNTY ROAD 510
IWABASSO ROAD ) , PREPARED BY BURDETTE AND ASSOCIATES .
DATED "FINAL GMB 3 - 08 ". CONSISTING OF 10 SHEETS AS
DIRECTED BY INDIAN RIVER COUNTY , FLORIDA .
5 . THE SCALE OF THIS DRAWING MAY HAVE BEEN DISTORTED
DURING REPRODUCTION PROCESS .
EL GENA
- BASELINE P . O . C . • POINT OF COMMENCEMENT PG . • PAGE
R /W RIGHT - OF - WAY P . O . B . • POINT OF BEGINNING FND. • FOUND
SEC . SECTION P . R . C . • POINT OF REVERSE CURVATURE R • RADIUS
IE • PROPERTY LINE P . T . • POINT OF TANGENCY a • DELTA
C . R . • COUNTY ROAD D . E . • DRAINAGE EASEMENT L • ARC LENGTH
CL - CENTER LINE T . C . E . • TEMPORARY CONSTRUCTION
EASEMENT
O . R . B . . OFFICIAL RECORDS BOOK
ST . SEBASTIAN CONFERENCE
V) OF ST . VINCENT DE PAUL
La w O. R . B . 1002 . PG . 1661 N 00038 ' 55 " W
Z 31392B00DD0500DOOD33 . 0 0 . 01 •
> Z S 44 " 41 ' 54 " E RADIAL BEARING
{ 4 . 42 ' N Oi ° 49 ' 39 "W
_ o RADIAL BEARING RADIAL BEARING
in w � 01 012o' E N 02 ° 41 ' 56 "W
WEST LINEin
P . O .
ST . SEBASTIAN PARCEL T . C . 724 EAST LINE
ST . SEBASTIAN PARCEL
N 00638 ' 55 " W. 26 . 69 ' RAQIAL BEAR NG S 00° 38 ' 55 " E , 45 . 03 '
S . W. CORNER N 01 ° 48 . 35 " W
ST . SE AST [ N ARCEL Cl RADIAL BEARING
PARCEL 424 C3 T . C . E . T24 N 02039811 "W
ACOUIRED BY SOUTH N EXISTING NORTH
SEPARATE DOCUMENT - ST . BASTIAN PARCEL R /W LINE o
29 28 N 89 ° 15 ' 38 " E ; ADIAL BEARING
1 . 350 . 57 ' N 00` 53 ' 49 " E SEC . 28 - 3I - 39
32 3 N 000440P2 " W SURVEY C . R . 510 ( WABASSO RD . ) SEC . 33 - 31 - 39
40 . 00 ' SECTION LINE
N 44 ° 41 ' 54 " W
21 . 52 ' CURVE DATA
. o . C .
S . W . CORNER CI C2 C3
SEC . 28 - 31 - 39 A ■ 03008 ' 47 " A • 00 ° 52 ' 18 " A 03 ° 33 ' 00 "
FND . BOAT SPIKE R • 2003900 R . 19T3o00 ' R 2018 .
' 00 '
CERTIFICATION +
I HEREBY CERTIFY THAT THIS SKETCH OF DESCRIPTION IS TRUE AND
ACCURATE TO THE BEST OF MY KNOWLEDGE AND BELIEF AND WAS PREPARED
UNDER MY DIRECT SUPERVISION . FURTHER, THIS DOCUMENT IS IN
COMPLIANCE WITH THE MINIMUM TECHNICAL STANDARDS FOR THE STATE
OF FLORIDA AS SET FORTH BY THE FLORIDA BOARD OF PROFESSIONAL SURVEYORS
AND MAPPERS PURSUANT TO SECTION 472 . 027 FLORIDA STATUTES .
FOR THE FIRM,
CHRISTOPHER P . MILLER , PSM
FLORIDA REGISTRATION NUMBER 5921
CARDNO TBE
r PARCEL SKETCH - NOT A SURVEY
TBE COUNTY ROAD NO. 510 - PARCEL 724 INDIAN RIVER COUNTY
CARDNO TBE sr uare ^�T Vinsn mux
3427 N. w. 55M STREET
FT . LAUDERDALE . FL . 333109 CARONO THE N /A
PNONE • • 954 -938 - 9389
L6 . 6668 pMcKED V SMM oe- lA_ iZ CARDNO TBE PN • 05038 -002 -00 SHEET I OF 2
SKETCH OF DESCRIPTION
PARCEL 31392800000500000033 . 0
ST • SEBASTIAN CONFERENCE
OF ST • VINCENT DE PAUL
O . R . B . 1002 , PAGE 1661
COUNTY ROAD 510
TEMPORARY CONSTRUCTION EASEMENT 724
COUNTY ROAD 510 TEMPORARY CONSTRUCTION EASEMENT 724
A PARCEL OF LAND BEING A PORTION OF UNINCORPORATED INDIAN RIVER COUNTY , LYING
IN SECTION 28 . TOWNSHIP 31 SOUTH . RANGE 39 EAST , OF INDIAN RIVER COUNTY , FLORIDA .
SAID PARCEL BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS :
COMMENCE AT THE SOUTHWEST CORNER OF SECTION 28 . TOWNSHIP 31 SOUTH , RANGE 39
EAST , OF INDIAN RIVER COUNTY , SAID POINT BEING ON THE SURVEY BASELINE FOR
COUNTY ROAD 510 AS SHOWN ON THE UNRECORDED INDIAN RIVER COUNTY RIGHT - OF - WAY MAP
FOR COUNTY ROAD 510 ( WABASSO ROAD ) , SHEET 5 OF 10 ; THENCE NORTH 89 " 15 ' 38 " EAST
ALONG THE SOUTH LINE OF SAID SECTION 28 , A DISTANCE OF 1 . 350 . 57 FEET ; THENCE
NORTH 00 44 ' 22 " WEST , A DISTANCE OF 40 . 00 FEET TO A POINT OF. INTERSECTION WITH
THE EXISTING EAST RIGHT - OF - WAY LINE OF 55TH AVENUE , A 50 FOOT RIGHT - OF - WAY AS
SHOWN ON SAID RIGHT - OF - WAY MAP , AND WITH THE EXISTING NORTH RIGHT - OF - WAY LINE
OF SAID COUNTY ROAD 510 , SAID POINT BEING THE SOUTHWEST CORNER OF A PARCEL OF
LAND OWNED BY ST . SEBASTIAN CONFERENCE OF ST . VINCENT DE PAUL . AS RECORDEDINOFFICIAL RECORDS BOOK 1002
, PAGE 1661 OF THE PUBLIC RECORDS9 INDIAN RIVER
COUNTY , FLORIDA : THENCE NORTH 00 ° 38 ' 55 " WEST , ALONG THE WEST LINE OF SAID
ST . SEBASTIAN PARCEL AND SAID EAST RIGHT - OF - WAY LINE , A DISTANCE OF 26 . 69 FEET ;
THENCE SOUTH 44 ' 41054 " EAST , A DISTANCE OF 14 . 42 FEET TO A POINT ON A
NON - TANGENT CURVE CONCAVE TO THE NORTH . HAVING A RADIAL BEARING OF
NORTH 01020 ' 12 " EAST , AND TO THE POINT OF BEGINNING ; THENCE EASTERLY ALONG SAID
CURVE , HAVING A RADIUS OF 2003 . 00 FEET , THROUGH A CENTRAL ANGLE OF 03 ° 08 ' 47 " ,
AN ARC DISTANCE OF 109 . 99 FEET TO A NON - TANGENT POINT , SAID POINT HAVING A
RADIAL BEARING OF NORTH 01048 ' 35 " WEST ; THENCE NORTH 00 ° 38 ' 55 " WEST , A DISTANCE
OF 30 . OI FEET TO A POINT ON A NON - TANGENT CURVE CONCAVE TO THE NORTH . HAVING A
RADIAL BEARING OF NORTH 01 ° 49 ' 39 " WEST ; THENCE EASTERLY ALONG SAID CURVE . HAV1N
A RADIUS OF 1 . 973 . 00 FEET . THROUGH A CENTRAL ANGLE OF 00 ° 52 ' 18 "9 AN ARC
DISTANCE OF 30 . 01 FEET TO A NON - TANGENT POINT , SAID POINT BEING ON THE EAST
LINE OF THE AFOREMENTIONED ST . SEBASTIAN PARCEL . AND HAVING A RADIAL BEARING OF
NORTH 02041056 " WEST = THENCE SOUTH 00 ' 38 ' 55 " EAST9 ALONG SAID EAST LINE , A
DISTANCE OF 45 . 03 FEET TO A -POINT ON A NOW TANGENT CURVE CONCAVE TO THE NORTH ,
HAVING A RADIAL BEARING OF NORTH 02 ° 39 ' 11 " WEST ; THENCE WESTERLY ALONG SAID
CURVES HAVING A RADIUS OF 2018 . OD FEET , •THROUGH A CENTRAL ANGLE OF 03033000 ",
AN ARC DISTANCE OF 125 . 03 FEET TO A NON - TANGENT POINT HAVING A RADIAL BEARING
OF NORTH 00053049 " EAST ; THENCE NORTH 4441 ' 54 " WEST , A DISTANCE OF 21 . 52 FEET
TO THE POINT OF BEGINNING .
SAID PARCEL CONTAINING 24, 888 SOUARE FEET ( 0 . 066 ACRES ) MORE OR LESS .
PARCEL SKETCH - NOT A SURVEY
moi£ COUNTY ROAD NO . 510 - PARCEL 724 INDIAN RIVER COUNTY
CARDNO TBE rxErn er: o�n
342T N. *. 55th STRICT By UTE soue¢.
FT . LAUDERDALE . FL , 33309 THE NIA
P"0hlEm • 954 - 938 - 9389 Mon R. T. %ftl4at2
LB • 66Si
lc"Ecm�%ED ld SOAERS Mwl4m12 CARONO TBE PNi 05055 - 002 - 00 SHEET 2 OF 2