HomeMy WebLinkAbout2010-181 Q i ORIGINAL 7 26 - 10
AGREEMENT TO PURCHASE AND SELL REAL ESTATE AND TO ' ,
CONVEY A DRAINAGE EASEMENT BETWEEN � � 1
INDIAN RIVER COUNTY
AND
BRUCE L . AND NANCY G . STAMILE
THIS AGREEMENT TO PURCHASE AND SELL REAL ESTATE ( "Agreement" ) is
made and entered into as of the 20 day of Jul Y , 20101 by and between
Indian River County , a political subdivision of the State of Florida ( "the County") , and Bruce
L . and Nancy G . Stamile , ( " Sellers ") , who agree as follows .-
WHEREAS ,
ollows :WHEREAS , Bruce L . and Nancy G . Stamile owns property located at 4150
9th
Street , Vero Beach , Florida ; and
WHEREAS , the County , is scheduled to expand Oslo Road ( 9th Street , SW) in the
future and the road expansion will impact and affect the Seller' s property ; and
WHEREAS , in order for the County to proceed with its road expansion plans , the
County needs to purchase a permanent storm -water easement and a temporary
construction easement , as described on the sketch and legal description attached as
Exhibit "A " ; and
WHEREAS , the County has contacted Bruce L . and Nancy G . Stamile and has
offered to purchase approximately 0 . 31 acres , or 13 , 500 square feet ( 15 feet by 900 feet)
of property from Bruce L . and Nancy G . Stamile to be used as a storm -water drainage
easement , as described in the sketch and legal attached as Exhibit "A" (the Property) ; and
a temporary construction easement containing 0 . 33 acres ( 14 , 280 square feet) , as
described in the same sketch and legal attached as Exhibit "A " (the Property) . The
temporary construction easement will expire on June 30 , 2012 or at the termination of
construction , which ever occurs first ; and
WHEREAS , the County is prepared to take the Property by using its power of
eminent domain ; and
WHEREAS , Bruce L . and Nancy G . Stamile 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 , a perpetual , non -exclusive drainage easement over , through and
under that certain parcel of real property located at 4150 9th Street ( Oslo Road ) , Vero
1
D i 01U`lIII1VAL
Beach , Florida and more specifically described in the sketch and legal description attached
as Exhibit "A" , containing approximately 0 . 31 acres , (the " Drainage Easement" ) . The
County shall have the right , but not the obligation to perform emergency maintenance on
the drainage easement . Included in the purchase is a temporary construction easement
more specifically described in the sketch and legal description attached as Exhibit "A" ,
expiring on June 30 , 2012 or at the termination of construction , whichever occurs first .
3 . Purchase Price , Effective Date . The purchase price ( " Purchase Price " ) for the
Property shall be $ 85 , 500 ( Eighty- Five Thousand Five Hundred 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 .
4 . 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 .
5 . Representations of the Seller .
5 . 1 Seller is indefeasibly seized of marketable , fee simple title to the Property , and is the
sole owner of and has good right , title , and authority to convey and transfer the Property
which is the subject matter of this Agreement , free and clear of all liens and
encumbrances .
5 . 2 From and after the Effective Date of this Agreement , Seller shall take no action
which would impair or otherwise affect title to any portion of the Property , and shall record
no documents in the Public Records which would affect title to the Property , without the
prior written consent of the County .
6 . Default .
6 . 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 .
6 . 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
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' ®WG][NA L
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 .-
7 .
losing :7 . Closing .
7 . 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 perpetual , non -exclusive
drainage easement over under and through the property described and depicted in Exhibit
"A" , free and clear of all liens and encumbrances and in the condition required by
paragraph 3 .
( b ) The Seller shall execute and deliver to the County a temporary construction
easement over , under , and through the property described and depicted in Exhibit "A" . The
"Temporary Construction Easement" shall become effective upon the closing date and
shall expire on June 30 , 2012 or at the termination of construction , whichever occurs first .
( 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 .
8 . Closing Costs : Expenses . County shall be responsible for preparation of all Closing
documents .
8 . 1 County shall pay the following expenses at Closing :
8 . 2 The cost of recording the permanent drainage easement and the temporary
construction easement ; and any release or satisfaction obtained by Seller pursuant to this
Agreement .
9 Controlling Law, This Agreement shall be construed and enforced in accordance
with the laws of the State of Florida . Venue shall be in Indian River County for all state
court matters , and in the Southern District of Florida for all federal court matters .
9 . 1 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 .
3
9 . 2 Assignment and BindingEffect . Neither County nor Seller may assign its rights and
obligations under this Agreement without the prior written consent of the other party . The
terms hereof shall be binding upon and shall inure to the benefit of the parties hereto and
their successors and assigns .
9 . 3 Notices . Any notice shall be deemed duly served if personally served or if mailed by
certified mail , return receipt requested , or if sent via " overnight" courier service or facsimile
transmission , as follows :
If to Seller : Bruce L . and Nancy G . Stamile
c/o Martin E . Wall , Esq .
POB 101
Vero Beach , FL 32961 - 0101
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 .
9 . 4 Survival and Benefit . Except as otherwise expressly provided herein , each
agreement , representation or warranty made in this Agreement by or on behalf of either
party , or in any instruments delivered pursuant hereto or in connection herewith , shall
survive the Closing Date and the consummation of the transaction provided for herein .
The covenants , agreements and undertakings of each of the parties hereto are made
solely for the benefit of, and may be relied on only by the other party hereto , its successors
and assigns , and are not made for the benefit of, nor may they be relied upon , by any other
person whatsoever .
9 . 5 Attorney ' s Fees and Costs . In any claim or controversy arising out of or relating to
this Agreement , each party shall bear its own attorney' s fees , costs , and expenses .
9 . 6 . Counterparts . This Agreement may be executed in two or more counterparts , each
one of which shall constitute an original .
9 . 7 . County Approval Required : This Agreement is subject to approval by the Indian
River County as set forth in paragraph 2 .
9 . 8 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
4
OFJGINAlL
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 .
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
Peter D . O ' Bryan , Chairr An Bruce L . Stamile Date
HYYu
Approved by `e , ° Q ���a ;Q , 2010
j,O�®vY• • • , �A,4
Y =
4 `
_
8 , p •� * s
_: :•a� a Nancy G . Mamile Date
� •,
eo
n a
ATTEST : ��°� COt11d ;0040
001
Jeffrey . Barton , tie'' r "o ircuit Court
Deputy C rk
Approved :
dn JN (1 10 A2jA
J seph . Baird , County Administrator
Apr) romed as to Fo Le al ufficiency :
wz"
County Attorney
5
• Q c Public Drainages Easement ORIGINAL
Prepared by Indian River County
1801 27r" Street, Vero Beach, FL 32960
Public Works/ROWIIg THIS D9
THIS DOCUMENT HAS BEEN
PID #33-39-22-00001 -0130-00002. 0 RECORDED IN THE PUBLIC RECORDS
OF INDIAN RIVER COUNTY FL
BK: 2439 PG : 1989 , Page ' of 3
08/19/201 Oat 03 : 50 PM , D DOCTAX PD
$0 . 70
JEFFREY K BARTON , CLERK OF COURT
EASEMENT
J+AV°
This Grant of Easement , made and executed this b day of �U L , A . D . , 20101
by Bruce L . and Nancy Stamile , whose address is c/o Martin E . Wall , Esquire POB 101 ,
Vero
Beach , FL 32961 -0101 , hereinafter called GRANTOR* , to INDIAN RIVER COUNTY, FLORIDA , a
political subdivision of the State of Florida , whose address is 1801 27th Street , Vero Beach , FL
32960 , hereinafter called GRANTEE * ,
"Whenever used herein the term GRANTOR and GRANTEE include all parties
to this instrument and their heirs , legal representatives , successors , and assigns .
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 , bargain , sell , alien , remise , release , convey ,
and confirm unto the GRANTEE an easement for Storm -Water Drainage on , over, across , and
beneath the following described land , together with the right of reasonable ingress and egress
over and across the following described land as is necessary to the GRANTEE ' s use of the right
granted herein , situate in Indian River County , Florida , to-wit :
SEE EXHIBIT "A " ATTACHED HERETO AND MADE A PART HEREOF
And GRANTOR hereby covenants with said GRANTEE that it is lawfully seized of the premises in
fee simple , and that it has good right and lawful authority to convey the easement established
hereby .
IN WITNESS WHEREOF , the GRANTOR has herein set its hand and seal the day and year first
above written .
Signed in the presence of:
r
Sign : _ 44
Witness Bruce L . Stamile
Printed name : L ✓;i u ii
d ' Q�
Li l /� �P . /3 i W Z
Sign :
Ii
VVltness �� PR®bIfA
AS qt
Printed name : � , S ryian LL — AND E AL FFICIE NCY
BY
STATE OF FLORIDA 1YCOUNLLIAM 6E��AA
DEPUTY COUNTY ATTOI€P! EY
COUNTY OF INDIAN RIVER
The foregoing instrument was acknowledged before me this CO day of 20107 by
Bruce L . and Nancy G . Stamile , on behalf of same , who is personally , own me or produced
as identification .
p ed Seal with Printed Nam
LINDA
Notary Publi
Stam
Commission # and Expiration ; ~ MY COMMISSION # DD 801431
'aa EXPIRES: June 26, 2012
PF'4°e`• Bonded Thru Notary Pubk Underkters
7ALLLEGALDESCRIPTIONMop 7QDRAINAGE EASEMENT �AT CERTAIN PIECE , PARCEL OR TRACT OF LAND SITUATE , LYING
AND BEING IN A PORTION OF TRACT
13 , SECTION 22 , TOWNSHIP 33 SOUTH , RANGE 39 EAST, AS THE SAME IS DESIGNATED ON THE LAST
GENERAL PLAT OF LANDS 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 , PAGE 25 , SAID LANDS NOW
LYING
AND BEING IN INDIAN RIVER COUNTY, FLORIDA , SAID LANDS ALSO BEING A PORTION THE LANDS DESCRIBED
IN OFFICIAL RECORDS BOOK 1803, PAGE 1580 OF THE PUBLIC RECORDS OF SAID INDIAN RIVER COUNTY.
SAID
LANDS BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS , TO WIT;
COMMENCING FOR REFERENCE AT THE SOUTHWEST CORNER OF SAID SECTION 22 ; THENCE , BEARING SOUTH
89 '38 ' 08 " EAST, ALONG THE SOUTH LINE OF SAID SECTION 22 , A DISTANCE OF 350 . 15 FEET
TO A POINT;
THENCE , LEAVING SAID SOUTH LINE , BEARING NORTH 00 '21052 " EAST, A DISTANCE OF 130 . 00 FEET
TO A
POINT ON THE NORTHERLY RIGHT OF WAY LINE OF COUNTY ROAD 606 ( OSLO ROAD ) ( 9th STREET SW)
, AS
RECORDED IN OFFICIAL RECORDS BOOK 2258 , PAGE 229 OF THE PUBLIC RECORDS OF SAID INDIAN RIVER
COUNTY; SAID POINT BEING THE POINT AND PLACE OF BEGINNING OF THE HEREIN DESCRIBED PARCEL ;
THENCE , BEARING NORTH 00 '09032 " EAST, ALONG THE EAST LINE OF OSLO 43RD PLAT AS RECORDED IN
PLAT BOOK 18, PAGE 8 OF THE PUBLIC RECORDS OF SAID INDIAN RIVER COUNTY, A DISTANCE OF
900 . 00
FEET TO A POINT;
THENCE , LEAVING SAID EAST LINE , BEARING SOUTH 89 '38 ' 08 " EAST, A DISTANCE OF 15 . 00 FEET TO
A POINT;
g THENCE , BEARING SOUTH 00409 ' 32 " WEST, A DISTANCE OF 900 . 00 FEET TO A POINT;
e
THENCE , BEARING NORTH 89038 ' 08 " WEST, A DISTANCE OF 15 . 00 FEET TO THE POINT OF BEGINNING .
THE ABOVE DESCRIBED PREMISES CONTAIN AN AREA OF 13 , 500 SQUARE FEET OR 0 . 31 ACRES , MORE OR
LESS. SUBJECT TO ALL EASEMENTS , CONDITIONS AND RESTRICTIONS AS CONTAINED WITHIN THE CHAIN OF
a TITLE .
LEGAL DESCRIPTION
TEMPORARY CONSTRUCTION EASEMENT
g
ALL THAT CERTAIN PIECE , PARCEL OR TRACT OF LAND SITUATE , LYING AND BEING IN A PORTION
OF TRACT
13 , SECTION 22 , TOWNSHIP 33 SOUTH , RANGE 39 EAST, AS THE SAME IS DESIGNATED ON THE
LAST
s GENERAL PLAT OF LANDS 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 , PAGE 25 , SAID LANDS
NOW LYING
AND BEING IN INDIAN RIVER COUNTY, FLORIDA , SAID LANDS ALSO BEING A PORTION THE LANDS DESCRIBED
g IN OFFICIAL RECORDS BOOK 1803, PAGE 1580 OF THE PUBLIC RECORDS OF SAID INDIAN RIVER COUNTY
. SAID
LANDS BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO WIT;
COMMENCING FOR REFERENCE AT THE SOUTHWEST CORNER OF SAID SECTION 22 ; THENCE , BEARING SOUTH
„ 89 '38 ' 08 " EAST, ALONG THE SOUTH LINE OF SAID SECTION 22 , A DISTANCE OF 350 . 15 FEET
TO A POINT;
THENCE , LEAVING SAID SOUTH LINE , BEARING NORTH 00921 ' 52 " EAST, A DISTANCE OF 130 . 00 FEET TO
A
POINT ON THE NORTHERLY RIGHT OF WAY LINE OF COUNTY ROAD 606 ( OSLO ROAD ) ( 9th STREET SW) ,
AS
RECORDED IN OFFICIAL RECORDS BOOK 2258 , PAGE 229 OF THE PUBLIC RECORDS OF SAID INDIAN RIVER
COUNTY; THENCE , BEARING SOUTH 89 '38 ' 08 " EAST, ALONG SAID NORTH RIGHT OF WAY LINE , A DISTANCE OF
e e 15 . 00 FEET TO THE POINT AND PLACE OF BEGINNING OF THE HEREIN DESCRIBED PARCEL ;
o THENCE , BEARING NORTH 00609 ' 32 " EAST, A DISTANCE OF 900 . 00 FEET TO A POINT;
s �
N l THENCE , BEARING NORTH 89938 ' 08 " WEST, A DISTANCE OF 15 . 00 FEET TO A POINT;
� 15
o THENCE , BEARING NORTH 00 '09 ' 32 " EAST, ALONG THE EAST LINE OF OSLO 43RD PLAT AS RECORDED
IN
PLAT BOOK 18 , PAGE 8 OF THE PUBLIC RECORDS OF SAID INDIAN RIVER COUNTY, A DISTANCE OF 15
. 00
FEET TO A POINT;
J
0
THENCE , BEARING SOUTH 89638 ' 08 " EAST, A DISTANCE OF 29 . 95 FEET TO A POINT;
oI
THENCE , BEARING SOUTH 00 '09 ' 32 " WEST, A DISTANCE OF 948 . 00 FEET TO A POINT ON THE NORTHERLY
T g RIGHT OF WAY LINE OF SAID COUNTY ROAD 606 ( OSLO ROAD ) ; THENCE ALONG SAID NORTHERLY RIGHT OF
N WAY THE FOLLOWING THREE ( 3) COURSES :
W
w 1 . BEARING NORTH 89638 ' 08 " WEST, A DISTANCE OF 10. 00 FEET TO A POINT;
> 2 . THENCE , BEARING NORTH 00 '09 ' 32 " EAST, A DISTANCE OF 33 . 00 TO A POINT;
su '03 , THENCE , NORTH 89038 ' 08 " WEST, A DISTANCE OF 5 . 00 FEET TO THE POINT OF BEGINNING .
g THE ABOVE DESCRIBED PREMISES CONTAIN AN AREA OF 14, 280 SQUARE FEET OR 0 . 33 ACRES , MORE
OR
A LESS . SUBJECT TO ALL EASEMENTS , CONDITIONS AND RESTRICTIONS AS CONTAINED WITHIN THE CHAIN OF
q TITLE
o �
SURVEYORS NOTES
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Prepared4Y hi j�4no2iver County R(yW ®������
%80129 ^ Str2et,,,.Vero beach, FL 32960
33-39-22-0000#-0130-00002. 0/Stamile 2085410
19 THIS DOCUMENT HAS BEEN
RECORDED IN THE PUB .JC RECORDS
OF INDIAN RIVER COUNTY FL
BK: 2439 PG : 1992 , Paged of 3
08/ 19/2010 at 03 : 51 PM , C DOCTAX PD
$0 . 70
JEFFREY K BARTON , CLERK OF COURT
TEMPORARY CONSTRUCTION EASEMENT
This TEMPORARY CONSTRUCTION EASEMENT, made and executed this
day of �U l � 2010 by Bruce L . and Nancy G. Stamile
whose address is c/o Martin E . Wall , Esquire POB 101 , Vero Beach, FL 32961 - 0101 ,
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 ,
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
The purpose of this easement is to allow installation and construction of storm-water
drainage in conjunction with Phase II of the widening of Oslo Road This easement will
expire on June 30 , 2012 or at the termination of construction, whichever occurs first .
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.
Witness Signature Grantor Signature`
Printed Name : S S f ii) L h u n Printed Name : Bruce L. Stamile
Grantor Signature
Witness Signate
C Printed Name : Nancy G . Stamile
Printed Name : / �Ql X ,�tJ z N
APPROVED AS TO FORM
STATE OF FLORIDA AND LE AL SUEIE Y
COUNTY OF INDIAN RIVER
BY
ILLI P9 K. DEORAAL
The foregoing instrument was acknowledged before me this day ofo NTYATTORNEY
2040, by Bruce L . Stamile and Nancy G . Stamile , on behalf of same , arUhey
personally known to me or produced as identification .
SILK X&
LINDA R. SOZANT Notary Public
Printed name & Commission # MY COMMISSION # DD 801431
EXPIRES: June 26, 2012
''';,off F44• ' Bonded Thru Notary Public Underwriters
1
I
- F
LEGAL DESCRIPTION
DRAINAGE EASEMENT F, p AT ALL THAT CERTAIN PIECE , PARCEL OR TRACT OF LAND
SITUATE , LYING AND BEING IN A �P t� O� T
13 , SECTION 22 , TOWNSHIP 33 SOUTH , RANGE 39 EAST, AS THE SAME IS DESIGNATED ON THE
LAST
GENERAL PLAT OF LANDS 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 , PAGE 25 , SAID LANDS
NOW LYING
AND BEING IN INDIAN RIVER COUNTY, FLORIDA , SAID LANDS ALSO BEING A PORTION THE LANDS DESCRIBED
IN OFFICIAL RECORDS BOOK 1803 , PAGE 1580 OF THE PUBLIC RECORDS OF SAID INDIAN RIVER COUNTY.
SAID
LANDS BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS , TO WIT;
COMMENCING FOR REFERENCE AT THE SOUTHWEST CORNER OF SAID SECTION 22 ; THENCE , BEARING SOUTH
89 '38 ' 08 " EAST, ALONG THE SOUTH LINE OF SAID SECTION 22 , A DISTANCE OF 350 . 15 FEET
TO A POINT;
THENCE , LEAVING SAID SOUTH LINE , BEARING NORTH 00 '21 ' 52 " EAST, A DISTANCE OF 130 . 00 FEET
TO A
POINT ON THE NORTHERLY RIGHT OF WAY LINE OF COUNTY ROAD 606 ( OSLO ROAD ) ( 9th STREET SW)
, AS
RECORDED IN OFFICIAL RECORDS BOOK 2258 , PAGE 229 OF THE PUBLIC RECORDS OF SAID INDIAN RIVER
COUNTY; SAID POINT BEING THE POINT AND PLACE OF BEGINNING OF THE HEREIN DESCRIBED PARCEL ;
THENCE , BEARING NORTH 00009 ' 32 " EAST, ALONG THE EAST LINE OF OSLO 43RD PLAT AS RECORDED IN
PLAT BOOK 18 , PAGE 8 OF THE PUBLIC RECORDS OF SAID INDIAN RIVER COUNTY, A DISTANCE OF
900 . 00
FEET TO A POINT;
THENCE , LEAVING SAID EAST LINE , BEARING SOUTH 89 '38 ' 08 " EAST, A DISTANCE OF 15 . 00 FEET TO
A POINT;
g THENCE , BEARING SOUTH 00409 ' 32 " WEST, A DISTANCE OF 900 . 00 FEET TO A POINT;
a
THENCE , BEARING NORTH 89 '38 ' 08 " WEST, A DISTANCE OF 15 . 00 FEET TO THE POINT OF BEGINNING .
THE ABOVE DESCRIBED PREMISES CONTAIN AN AREA OF 13 , 500 SQUARE FEET OR 0 . 31 ACRES , MORE OR
LESS . SUBJECT TO ALL EASEMENTS , CONDITIONS AND RESTRICTIONS AS CONTAINED WITHIN THE CHAIN OF
s TITLE .
LEGAL DESCRIPTION
TEMPORARY CONSTRUCTION EASEMENT
g
ALL THAT CERTAIN PIECE , PARCEL OR TRACT OF LAND SITUATE , LYING AND BEING IN A PORTION
OF TRACT
13 , SECTION 22 , TOWNSHIP 33 SOUTH , RANGE 39 EAST, AS THE SAME IS DESIGNATED ON THE
LAST
GENERAL PLAT OF LANDS 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 , PAGE 25 , SAID LANDS
NOW LYING
AND BEING IN INDIAN RIVER COUNTY, FLORIDA , SAID LANDS ALSO BEING A PORTION THE LANDS DESCRIBED
g IN OFFICIAL RECORDS BOOK 1803, PAGE 1580 OF THE PUBLIC RECORDS OF SAID INDIAN RIVER COUNTY.
SAID
LANDS BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS , TO WIT;
COMMENCING FOR REFERENCE AT THE SOUTHWEST CORNER OF SAID SECTION 22 ; THENCE , BEARING SOUTH
89 '38 ' 08 " EAST, ALONG THE SOUTH LINE OF SAID SECTION 22 , A DISTANCE OF 350 . 15 FEET
TO A POINT;
THENCE , LEAVING SAID SOUTH LINE , BEARING NORTH 00421 ' 52 " EAST, A DISTANCE OF 130 . 00 FEET
TO A
POINT ON THE NORTHERLY RIGHT OF WAY LINE OF COUNTY ROAD 606 ( OSLO ROAD ) ( 9th STREET SW)
, AS
RECORDED IN OFFICIAL RECORDS BOOK 2258 , PAGE 229 OF THE PUBLIC RECORDS OF SAID INDIAN RIVER
a � COUNTY; THENCE , BEARING SOUTH 89 '38 ' 08 " EAST, ALONG SAID NORTH RIGHT OF WAY LINE , A DISTANCE
OF
E
e 15 . 00 FEET TO THE POINT AND PLACE OF BEGINNING OF THE HEREIN DESCRIBED PARCEL ;
o THENCE , BEARING NORTH 00 '09 ' 32 " EAST, A DISTANCE OF 900 . 00 FEET TO A POINT;
s
N g THENCE , BEARING NORTH 89938 ' 08 " WEST, A DISTANCE OF 15 . 00 FEET TO A POINT;
� a
o THENCE , BEARING NORTH 00609 ' 32 " EAST, ALONG THE EAST LINE OF OSLO 43RD PLAT AS RECORDED
IN
PLAT BOOK 18, PAGE 8 OF THE PUBLIC RECORDS OF SAID INDIAN RIVER COUNTY, A DISTANCE OF
15 . 00
FEET TO A POINT;
J
THENCE , BEARING SOUTH 89638108 " EAST, A DISTANCE OF 29 . 95 FEET TO A POINT;
9
O p
THENCE , BEARING SOUTH 00 '09 ' 32 " WEST, A DISTANCE OF 948 . 00 FEET TO A POINT ON THE NORTHERLY
T g RIGHT OF WAY LINE OF SAID COUNTY ROAD 606 ( OSLO ROAD ) ; THENCE ALONG SAID NORTHERLY RIGHT
OF
N WAY THE FOLLOWING THREE ( 3) COURSES :
W
I 1 . BEARING NORTH 89 '38108" WEST, A DISTANCE OF 10. 00 FEET TO A POINT;
� l 2 . THENCE , BEARING NORTH 00 '09 ' 32 " EAST, A DISTANCE OF 33 . 00 TO A POINT;
w 3 . THENCE , NORTH 89038 ' 08 " WEST, A DISTANCE OF 5 . 00 FEET TO THE POINT OF BEGINNING .
� gg
g 5 THE ABOVE DESCRIBED PREMISES CONTAIN AN AREA OF 14, 280 SQUARE FEET OR 0 . 33 ACRES , MORE
OR
LESS , SUBJECT TO ALL EASEMENTS , CONDITIONS AND RESTRICTIONS AS CONTAINED WITHIN THE CHAIN OF
TITLE
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SURVEYORS NOTES
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