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HomeMy WebLinkAbout2012-191 AGREEMENT TO PURCHASE AND SELL REAL ESTATE THIS AGREEMENT is entered into as of the 16 day of October , 2012 , by and between Indian River County , a political subdivision of the State of Florida , whose address is 1801 27th Street , Vero . Beach , FL 32960 ( " County") , and Vero. Beach Associates Retail , LLC , a Missouri limited liability company , whose address is c/o TKG Management , 211 North Stadium Boulevard , Suite 201 , . Columbia , MO 65203 ("Associates ") . WHEREAS , Associates owns a three building , 10 unit commercial development located at the northwest corner of State Road 60 and 66th Avenue commonly known as " Plantation Plaza " ; and WHEREAS , Plantation Plaza consists of approximately 2 . 72 acres of property that is zoned Neighborhood Commercial with businesses such as a bank , a restaurant and various professional offices as depicted on the aerial photo attached as Exhibit "A and WHEREAS , County is undertaking a road expansion project consisting of the widening of 66th Avenue north of State Road 60 , for which County needs a narrow , 7 . 52 ' by 249 ' strip of right-of-way along the eastern edge of the Associates property and a small triangular parcel (corner clip ) at the southeast corner of the parcel , and WHEREAS , Associate' s buildings will not be involved in the take but certain improvements such as signage , dumpster enclosure and landscaping will be affected by the County' s improvement project ; and WHEREAS , Associates was concerned about the loss of their southbound 66th Avenue deceleration lane serving the east entrance/exit to their development , but the County has successfully negotiated a purchase from the adjoining landowner to replace the southbound deceleration lane which is agreeable and satisfying to Associates ; and WHEREAS , for the consideration and upon the terms set forth herein , Associates is willing to convey a parcel of property to the County to be used as right-of-way for the 66th Avenue Improvement Project . NOW THEREFORE , in consideration of the mutual undertakings herein , and other good and valuable consideration , the receipt and adequacy of which is hereby . acknowledged , the parties agree , as follows : Recitals . The above recitals are true and correct and are incorporated herein . 1 . Agreement to Purchase and Sell . Associates hereby agrees to sell to the County , and the County hereby agrees to purchase from Associates , upon the terms and conditions set forth in this Agreement , one ( 1 ) parcel of real property referred to IV, Parcel 126 located along 66th Avenue between State Road 60 and 26th Streets , Ind ' a River County and more specifically described in Exhibit " B " attached and incorporated by reference herein . Parcel 126 contains 2 , 995 square feet or 0 . 069 acres and shall be used as right-of-way for the County' s 66th Avenue Improvement Project . Associates further agrees to grant to the County a temporary , non -exclusive construction easement for the duration of the improvement project over Parcel 326 as described and depicted in Exhibit " C " attached hereto containing approximately 2 , 673 square _ feet or 0 . 006 acres located adjacent to the entrance to Vista Plantation off of 66th Avenue . Parcels 126 and 326 shall collectively be referred to as " Property" . 2 . Purchase Price ; Effective Date . The purchase price (the " Purchase Price ") for the Property shall be ONE HUNDRED TEN THOUSAND dollars ($ 110 , 000 . 00 ) . The Purchase Price shall be paid on the Closing Date . The Purchase Price is inclusive of all damages incurred by Associates as a result of the County' s proposed take of Parcels 126 and 326 . The Effective Date of this Agreement shall be the date upon which the County shall have approved the execution of this Agreement , by the Indian River County Board of County Commissioners at a formal meeting of such Board . V►� 3 . Title to Parcel 126 . Associates shall convey marketable title to Parcel 126 by 0v1 property taxes for the year of Closing and subject t covenants , restrictions and public utility easements of record provided (a ) there exists t W WfiFFaMy deed fFee ef elaims , liens , easements and eneuffibfflnees ef FeeeFd eF k190 X Closing no violation of any of the foregoing ; and ( b) none of the foregoing prevents County' s intended use and development of Parcel 126 . 3 . 1 Title to Parcel 326 . Associates shall convey a temporary non -exclusive construction easement over Parcel 326 for the duration of the County' s 66th Avenue improvement project #ee of elaims , liens , :and QMrl of racord or kMOIAOR to Asseakateop, but subject to covenants , restrictions a public utility easements of record provided (a) there exists at Closing no violatn of any of the foregoing ; and ( b ) none of the foregoing prevents County's inten ed use and development of Parcel 326 . 4 . 0 County may order an Ownership and Encumbrance Report with respect to the Property . County shall , within thirty ( 30 ) days from receipt of the Ownership and Encumbrance Report , deliver written notice to Associates of title defects . Title shall be deemed acceptable to County if (a ) County fails to deliver notice of defects within the time specified , AQ L A QUORt Will Assogiates hS FQ9W ! Fed to spend M9Fe than thFee ( 39/6 ) peFe. 121 = h = Q Prean or twin r. , lot to u 1re titita defoGts , but Assinciaterm. sh2l ' i lize hast 4^ 14 t& County shall have thirty ( 30 ) days from the end of the Curative Period to elect , by written notice to Associates , to : ( i ) terminate this Agreement , whereupon it shall be of no further force and effect, or ( ii ) extend the Curative Period up to an additional 90 days ; or ( iii ) accept title subject to existing defects and proce to 2 closing . 5 . Representations of the Associates . 5 . 1 Associates 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, Associates 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 . 5 . 3 There are no existing or pending special assessments affecting the Property , which are or may be assessed by any governmental authority , water or sewer authority , school district , drainage district or any other special taxing district . 6 . Default . 6 . 4 In the event the Associates shall fail to perform any of its obligations hereunder, the County shall be entitled to : ( i ) terminate this Agreement by written notice delivered to the Associates at or prior to the Closing Date , and pursue all remedies available hereunder and under applicable law ; ( ii ) obtain specific performance of the terms and conditions hereof; or ( iii) waive the Associate' s default and proceed to Closing . 6 . 2 In the event of a default by the County , the Associates shall be entitled , as its sole remedy hereunder , to terminate this Agreement . The Associates shall have no claim for specific performance , damages or otherwise against the County . 7 . Closing . 7 . 1 The closing of the transaction contemplated herein (" Closing " and "Closing Date") shall take place withoin 45 days following the Effective Date of this Agreement . The parties agree that the Closing shall be as follows : (a) The Associates shall execute and deliver to the County Nawan4fty deed conveying marketable title to Parcel 126 and execute and deliver to the County the described easement to Parcel 326 For aFid 4-resyest+ve�y • 3 r P, ,rry ' GeuRty may use a (d ) The Associates shall deliver to the County an affidavit , in form acceptable to the County , certifying that the Associates is not a non - resident alien or foreign entity , such that the Associates and such interest holders are not subject to tax under the Foreign Investment and Real Property Tax Act of 1980 . (e ) The Associates and the County shall each deliver to the other such other documents or instruments as may reasonably be required to Close this transaction , including any corrective documents . 7 . 2 . Closing Costs : Expenses . County shall be responsible for preparation of all Closing documents . County shall pay the following expenses at Closing : (a ) The cost of recording the warranty deed and any release or satisfaction obtained by Seller pursuant to this Agreement . ( b ) Documentary Stamps required to be affixed to the warranty deed . (c) All costs and premiums for the owner's marketability. title insurance commitment and policy , if any . (d ) Engineering costs incurred by Seller of $29 , 210 . 00 . The costs shall be paid to Associate ' s attorney . (e ) Appraisal costs incurred by Seller of $2 , 200 . 00 . The costs shall be paid to Associate ' s attorney . (f) Attorney' s fees and costs of $ 15 , 485 . 71 . 8 . Prorations . 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 Associates . If the Closing Date occurs during the time interval commencing on November 2 and ending on December 31 , Associates shall pay all current real estate taxes and special assessments levied against the Property, prorated based on the "due date " of such taxes established by the taxing authority having jurisdiction over the Property . If the Closing Date occurs between January 1 and November 1 , the Associates shall , in accordance with Florida Statutes Section 196 . 295 , deposit into escrow with the Tax Collector , an amount equal to the current real estate taxes and assessments , prorated to the Closing Date . 9 . Miscellaneous . 9 . 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 . 4 9 . 2 Conveyance in Lieu of Eminent Domain . It is understood by the parties that this contract is entered into ,by Associates under the threat and in lieu of condemnation . 9 . 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 Associates 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 . 9 . 4 Assignment and Binding Effect , Neither County nor Associates 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 . 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 : If to Associates : James N . Gordon 5800 NW 74th Place Coconut Creek , Florida 33073 If to County : Indian River County 1801 27th Street Vero Beach , FL 32960 Attn : Public Works Director Either party may change the information above by giving written notice of such change as provided in this paragraph . 9 . 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. 9 . 7 Attorney' s Fees and Costs . In any claim or controversy arising out of or f relating to this Agreement , each party shall bear its own attorney' s fees , costs and expenses . 9 . 8 . Counterparts . This Agreement may be executed in two or m counterparts , each one of which shall constitute an original . 5 _. 9 . 9 . County Approval Required : This Agreement is subject to approval by the Indian River County Board of County Commissioners as set forth in paragraph 2 . 9 . 10 , Beneficial Interest Disclosure : Since the Associates is a corporation it 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 Associates is a non -public entity , that Associates is not required to disclose persons or entities holding less than five ( 5 % ) percent of the beneficial interest in Associates . 9 . 11 Signage : Current construction plans call for the Associate 's " Plantation Plaza " sign to be impacted and removed by the County' s take of the right-of-way strip . The Parties agree that Associates existing sign conforms to existing County codes and Associates could replace it with a like sign , if they so desire . Should Associates wish to install new sign ( s) , staff will coordinate efforts with Associates in the permitting and placement of any new signage . The County or its Contractor, at the County' s expense , agrees to pay for the cost or removal of the existing sign and if Associates so chooses and if it is possible place the existing sign in a location in compliance with the County Code and agreeable to Associates If the current siq_n cannot be reused following its removal , the County , or its Contractor shall purchase permit and install a sign similar to the existing sign and place the new sign in a location in compliance with the Countv Code and agreeable to Associates . 9 . 12 Coordination of Construction with Access Closure : During the course of construction of the 66 in Avenue Improvements , Associate ' s eastern ingress/egress to 66th Avenue may have to be closed . The County and its selected contractor shall coordinate any closing of the ingress/egress so that it occurs at off peak traffic times such as at night, during the weekend or other times mutually agreeable to the Parties . The County shall be responsible for placement of temporary signage for Plantation Plaza during the course of construction . Associates shall name a contact person for this purpose and supply the County and its contractor with an address and phone number . 9 . 13 Coordination of Construction with Tenant : The current construction plans call for the county to impact the far eastern lane of the Associates bank building parcel . At the current time , there is no tenant occupying the bank building parcel. During the course of construction that will occur on and near Associate ' s bank parcel , the County will coordinate construction activities with Associates and any tenant that may occupy the bank parcel . The parties will coordinate their 6 schedules so as to reduce the construction impact to Associate ' s bank parcel and for any tenant thereof. 9 . 14 Dumpster Enclosure : The Parties agree that the current dumpster enclosure will be impacted by the Project and needs to be removed and replaced . The County or its Contractor , at the County' s expense , shall plan , permit and construct a new dumpster enclosure at a location west of the current dumpster site to be determined by the parties . The County shall submit the new dumpster plans to Associates for approval , which will not be unreasonably withheld . Associates shall grant to the County a temporary construction easement over the property necessary to construct the new dumpster enclosure . IN WITNESS WHEREOF , the undersigned have executed this Agreement as of the date first set forth below . VERO BEACH ASSOCIATES BOARD OF COUNTY COMMISSIONERS, 0116»• „ -,„ L� RETAIL , LLC INDIAN RIVER COUNTY , FLORIDA •o`o%,4, � � �� AQ s° •' `p I i 00 * . . N eA h By : �- ame GaV . Wheeler, Chairmaiy: Vii/itle) / '•°9y' 1 , 'fir; Muss °44444Y 4444q• r Date Signed : L- Date Signed : October 16 , 2012 ATTEST : Jeffrey R . Smith lerk By : epu er Approved as to form and Indian River County Administrator legal sufficiency : _ By : D�1 Alan S . P lack c , Sr . County Attorney Approved as orm and legal ichard itt Attorney for Vero Beach Associates Retail , LLC 52-01 -VER124 7 t : t 1 1 t 1 I �,. -. .... .e.�..�, m.. ool too It rte NO ol Irl�,IIIL to i It I or N a I Ago m i'. ' 1 • , ' Q It It Iw. i % lottoo r : Ago" E to lo% -- t t Iltolo . . .. q _. Ito r WA } ` k mx� It I 8 1 v g It to Ave II or I IV, to At 1 11 -. - �4 15 s 1 i'i ,p ! ee, ark do to IT `Zo �ti1a , �^ ., f 'Itmoo. gg 9 G. II a § ,x loo, oi 6 `fIt— � ; 4'r r , : x a � " ', ", 9lo 1 ; tl V t ! eeee . it .L 4It I I _ . t to It I a ;. Lolo too � loot e^t ', yWorgoll III s`mt Y '` ' too ate.. " ° xw ", 11 IWIII, alto go jk goo, im 'y, w ya_ ,s 3 '�.� {• too, t' tool � > 11 11-4 r ' le to ol 41 go t ! 00 ! 0 ! 1 111111110 • Il A • . 00 00 ' 0 0 ' ® S t t t , or OronoLTB1t : � � ET �Fm I' ll In or to Fork I T© in, Fro ccotw ANY Q��now ������ w . _ to In 11 b on E te ` prbe Ave `: r to . 00000000 34 IF t „ L � . on ` _ Flo , . _ 36or Aqs , I.Form, OF Fin th io WgiRer t Ave; , , Y -� :r ''� ra, _k VERO BFAGFi ASOC RETAIL LLC �i 4 1l : ;;,60 .no, : 21 ? s'All . no IF OF lon ) E$ ��tr►►p k� {p� �p+d on rye+ no k A PORTION 0f THAT PARCEL OF LAND DE11 SCRIBED IN OFIn FII ICIAL RECORDS BOOK :Or 8511 6,I PI in AII GE 63 Q, PUBL1. IC RECORDS, , INDIAN RIVER COUNTY LYING WITHIN TRACT 8, INDIAN RIVER FARMS CO: FLAT OF 'LANDS; ACCORDING TO TME= PEAT 1 IF 111 THEREQF;.AS RECOR,DED ,IN PLAT .BOOK 2, PAGE" 25, PUBLIC RECORDS, SAINT LUCIE COUNTY,, FLORIDA; BEING MORE no PARTICULARLY .QESCRIBEDo AS FOLLOWS., on to I oIForr on—Ln o1r"1IE1. An THE ;I:NTEfoOo1r In11 ISECTIO> V QFnonn THE T gI , 1T-flF W#YnF LINE QF 66Th ISrr AVENIX A& DE-08W 1.IN OF11IP'ICI�CL RECOmIO RDS SOII4JK 709,. tsd3 29 1 A1t1D OFFICIAL R CORDS Bt Qx 718 t� GE 246, OF Pi L1 s tEIT it t8 ! �'T�I DH `- F 1n. A tIi1. 11E iiF1tni iI_ ICI. noI Ir o-t1n LLLL %I%oFI orIr OnnIoI" O Ironom OI A 11 oIeI oWonoqFlmm IoF 10or1 o r4 izF­lrko Oroto Folr Fr 4F 20TH STREET AS I?ESCRIBEp IN OFFICIAL RECf IDS $OI3K 72D. RAG , 522 QF 5# Pt18LIC ISE 1 . T11�EI111 r OFF 89°54'49" WEST. ALONG SAID=NORTH RIGHT DF WAY LINE OF 20TH STREET, A: DISTANCE OF 42,71 FEET, THENCE NORTH : 45"06'3A " EAST,. A DISI ANC£ OF 49 76+ FEET TO A POINT ON A LINE 7:52 FEET WEST OF AND PARALLEL. WITH :SAID WEST RIGHT-OF=WAY LINE OF 65TH AVENUE;° THENCE ALONG .5AID PARALLEL LINK, NORTH` 00'Q7'56" EAST, A `.DISTANCE OF`213.81 FEET TO. A POINT ON THE NORTH LINE 'OF A PARCEL OF LAND DESCRIBED IN QFF'ICIAL REGARDS BOOK 856 PAGE 630, SAID PUBLIC RECORDS, THENCE SOUTH 89°55'34" EAST, A DI6TANCEOF 7:52 'FEEt Ta A POINT ON THE WEST, RIGHT-OF WA`f' LINE OF SAID; 66TH, AVENUE; THENCE SOUTH; 00°0''S6"yWEST, .ALONG°`SAID WEST RIGFIT-OF-WAY LIN¢, A I}ISTANCE~ QFi49A0 FEET T4 THE POINT OF BEGINNING,: CONTAINING 2,492 SQUARE FEET, MORE OR LESS. ALL SAID LANDS LYING WITHIN SECTION ` 6, TOWNSHIP 33 SOUTH, RANGE 39 EAST, INDIAN RLVER COUNTY, FLORID4: ALL BE-,ARINGS SHOWN . HEREON . ARE BASED ON THE EAST LINE: OF SECTION; , TOWNSHIP 33. SOUTH RANGE" 39 EAST„ INDIAN RIVER' COUNTY, FL;CJRIQA,- SAID LINE IS ASSUMED° TQ BEAR NORTH 00°:07;BS” EAST. SUBJECT TOEASEMENTS, F2ESTRICTIONS>;AND .RIGHTS-CIF WAY I3F RECORD:, CERTIFICATION; TNiS, SKETCH AN DESCRIPTION ARE NOT VALID WITHOUT ° THE ` SIGNATURE AND Ok�l'CINAL ~ RAtSED' :-SEAL OF f `.. LOA Q,EIF; ' SUi2VEYbR ANDMAPPER, , r 11 WIC F NOTE; THIS , IS NOT A SKETCH OF SURVEY, BUT ONLY A PROFESSIONAL LAND SURVEYOR AND, 'MAPPER GRAPHIC DEPICTION :OF THE DESCRIPTION SHOWN HEREON; LICENSE NO. 41'90 , . STATE OF FLORIDA THERE HAS BEEN "NO FIELCI WORK,_ VIEWING; OF THE SUBJECT PROPERTY; OR MONUMENTS SEF IN CON.PfEC- DATE: 5/21:/07 REV 08/ 1 ¢/ 11 JAF WITtt THE P-REPARATION OF Tk{E INFORMATION SHOW REV 1; 1 /34/10 JAF HEREON Nt�TEc FIDS SH41�tN HEREON iERE N(IT REV 61/ 10 BEJ: AACTEb FfIR RITRICTIQNS, RfCHTS SIF WAY APtD _. REV 7/1B BEJ . : EASEMENTS OF RECCRE. . . . — PROJECT G D ARTt1ENf ' WM WFD 1 ' a ,50 �i =: I' ■ ' SkIEET TIRE DATE.. D 8y 5/ 1/07, JAF ARCADIS U.3 , Inc. �+ ADDITiONAL .,R/N+ PRaEcr rluueE� oR�Wu�c nuraaER 2081 PaNlvrdX Tel, i6EI189770D0 :FeaAi58 � 8977259 WPQt ' " '1 ' �r��. ��V; : Wlre6tPahnl�eedk Fkhtdp $349T e wwWtcils usao SHEAT ; � OF - -, _ . _ SKETCH TO �ACCQ'M1 .PAC�Y DESCRIPTIQN` THfS: 1S NOT A SURWY11 b Lo 11 `` LU J V IFr NDIAN RNEt .COUNTYr IF 0 R 8 1101 , PG 161'0 v IF Iib Id r AB 110 , PG, X1'1732 ± � GOLF AREA 4 ( .OWNER VISTA PROPERTY OF VERO BEACH , INC ADDRESS , 6.6th AyENUE, YERO 9EA1rH , FL 329.6 � ! �, P111' 3339D60OOOiQOCO (SOOQ 2: x , Ii IF 0 R B 700;> PG. 1663 ' ' ^ .. --, im. IT M,: _ : . IF LEGEND; STA 1It 30+57fS2 j+A: -130+5694 . OFFSET: .5979 L OFFSET: 52.2T - BASELINE O. RB OFFICIAL:. RECORDS BOOK' P:B. PLAT BOOK tea. PG. PAGE N N o0 PI: - ;POINT OF INTERSECTION ` Cry w; . PID PARCEL IIN % IFIOATION NUMBER w ; IF t ' PO:B. - POINT OF BEGINNING z; m R/W - RIGHT-OF-WAY a z N A S;L.C .R. - ST L". UCIE COUNTY RECORDS f- m m o co � . w cn:. 3coOo � . IFQ OWNER , VERO BEAQH ASSOC RETAIL LLC w � J ADDRESS. 669.0 20th STREET ' idIF VERO; BEACH, FL X2966 PID 33390600Q070Ida00OOb0O0.3` p 0. R;6. 85.6,, PG. 630 n it 60' R/W Q o, .c + . INDIAN RIF. . COUNP.TY;. .. F. l' O R;B . 709, PG: 2938: 719 % PG. 24'6: � STA: 128+432t NORTH LINE OF OFFSET: 59.79 L 111*.. 7 . 8 COUNTY R/W` 7 .5`2 P:I. WESf R/Y 1 -W UNE 66TH ; : AVE O R,B, i09, RG 3938;. STA 128+07.99 , � O.R B 718; PG 246 & THE. OFFSET - 9498" L NORTH R UNE pF 20tH: 00' COUNTY RfW <' STREET SR, .;-60oscE©w► a. ►, , , -BLVD ) O.RB, 720, PG., 1522 0 R B 720; :p '1522t : � . _ or _ -:42.71' s • . N N89 . 54'+4 2 MM6 IF (SR60) (pSN.CEOLA BLVD, ) STA 126` B�O : 132 It 00 TO INDIAN RIVER COUNTY' OFFSET ,52 27L 5t . 11PG.. :-3p // ` _ W ; _. . _. .... - !� ow ,. SHECrIIICE ' ARCAD MECT' N AR:CADIS Us . , Inc. 5 ADDITIQNAL R/W �aa�cr NuueER ORONO ranaeER O2081:ViateP,erkway Tei ( 6t) 6977000 Fax:,(661> se7a7s� WP001053 1 �53SD126 ww Rahn B60di;Ffodda 33411 , www;uce s ccm sHE�r 2 of 2I IF SKETCH TO ACCOMPANY DESCRIPTION . THIS IS NOT A SURVEY! LpCAT<tN IFIT Fl . l ; Nt�T TO SCALE : EX F 1 � � � � . Barber ; Ave. � �\'\�V'� _� ` - 3a as F, a..__ 6z lCherrY . : Lone = 'Cr 33 �- - 0 38 3t tR505 32 � -r- to Walker Ave , c ; . . ex .. ... . •. . . . .. . • :• VERO BEACH , ASSOC RETAIL LLC n 1I I s 4 60 ; 2 1 :� LEGAL DESCRIPTION: PARCEL 326 A PORTION OF THAT PARCEL OF LAND DESCRIBED IN OFFICIAL RECORDS ;BOOK. 8561 PAGE 634, , PUBLIC. RECORDS, INDIAN .RIVER COUNTY LYING WITHIN TRACT 8, INDIAN RIVER FARMS CQ. PLAT `OF LANDS, ACCORDING T,Q THE. PIAT tHEREQF, ,AS RECORDED !N, PLAT B00K 2, PAGE 25, .PUBLIC RECORDS, SAINT LWE COUNTY, FLORIDA, BEING MORE :PARTICULARLY DESCRIBED AS FOLLOWS : BEGIN AT THE , INTERSECTION OF THE WEST RIGHT—OF —WAY LINE OFF 66TH AVENUE ASDESCRIBED F IN. OFFICIAL :RECORQS BOOK 709; PAGE 2938 AND OFFICIAL RECORDS BOOK 718, PAGE 246, SAID PUBLIC RECORDS, AND THE :NORTH RIGHT—OF WAY . UNE OF 20TH STREET AS DESCRIBED IN Ok'FICIAL RECORDS W K 720, PAGE 1,522, SAID PUBLIC RECORDS, SAID INTERSECTION ALSO BEING .THE NORTHEAST CORNER OF THAT CERTAIN PARCEL OF LAND DESCRIBED IN OFFICIAL . RECORDS BOOK 720; PAGE 1522, SND PUBLIC RECORDS, INDIAN RIVER COUNTY, THENCE NORTH 854'49" WEST, ALONG THE . NORTH LINE OF .SAID PARCEL, - A DISTANCE OF 47,52 FEET,; THENCE NORTH 450Q6'34 EAST, A DISTANCE OF 48. 10 FEET TO THE. POINT OF BEGINNING OF THE HEREIN DESCRIBED PARCEL THENCE NORTH 00 07`56" FAST, A DISTANCE OF , 129.52 FEET; THENCE NORTH 89'52'04" WEST, A DISTANCE OF 20.41 FEET; THENCE NORTH 12' 15'46" EAST, A ,DISTANCE OF IOR95 FEET TO A POINT OF INTERSECTION WITH A NON —TANGENT CURVE, CONCAVE WESTERLY, HAVING A RADIUS OF 19.37 FEET , THE RADIUS POINT OF SAID CURVE BEARS NORTH 76'09' 16 " WEST; THENCE NORTHERLY, ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 2756111 "1 A DISTANCE OF 7 . 76 FEET TO A POINT OF INTERSECTION WITH A NON-TANGENT CURVE, CONCAVE SOUTHWESTERLY, HAVING A RADIUS OF 14 .55 FEET THE . RADIUS POINT OF SAID CURVE BEARS SOUTH 88'36'30" WEST; THENCE NORTHWESTERLY, ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 74'01 '3`4", A DISTANCE OF 18.79 FEET TO A POINT OF INTERSECTION WITH A NON —TANGENT UNE; THENCE SOUTH 89'04 ' 11 " EAST, A DISTANCE OF 1.2.51 FEET; THENCE NORTH 00'07'56" EAST, A DISTANCE OF 29, 15 FEET, THENCE , SOUTH 8S'52'04` EAST, A DISTANCE OF 16 .21 FEET; THENCE NORTH 0907 '56* EAST, A DISTANCE OF 24.41 FEET TO A POINT ON THE NORTH LINE OF SAID PARCEL ON LAND DESCRIBED IN OFFICIAL RECORDS BOOK 856 , PAGE 630, SAID PUBLIC RECORDS; THENCE SOUTH 89054 '49 " EAST, ALONG SAID NORTH LINE, A DISTANCE OF 6 .00 FEET TO A POINT ON SAID WEST RIGHT--OF—WAY LINE OF 66TH AVENUE; THENCE SOUTH 01707 '56" WEST, ALONG SAID WEST RIGHT LINE, A DISTANCE. OF 209.00 FEET; THENCE: SOUTH 45'06'34" WEST, A DISTANCE OF 8,49 FEET TO THE POINT OF BEGINNING. CONTINUED ON SHEET 2 OF 3 .CERTIFICATION: I HEREBY CERTIFY THAT THE DESCRIPTION AND ATTACHED SKETCH OF DESCRIPTION WERE , PREPARED IN AC COR WITH THE SURVEYING STANDARDS, CHAPTER 61G17 - 6, FLORIDA ADMINISTRATIVE CODE, AS SET FORTH BY THE FLORIDA BOARD OF PROFESSIONAL SURVEYORS & MAPPERS, PURSUANT TO SECTION 472 .027 , FLORIDA STATUTES, AND IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE AND BELIEF. UNLESS IT BEARS THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER , THIS LEGAL DESCRIPTION AND SKETCH 15 FOR INFORMATIONAL OSES ONLY AND 1S NOT VALID: NOTE: THIS 1S NOT A SKETCH OF SURVEY, BUT ONLY A GRAPHIC DEPICTION OF THE DESCRIPTION :SHOWN HEREON . THERE HAS BEEN NO, FIELD WORK, VIEWING OF THE PERRYeONAIL ITE SUBJECT PROPERTY, OR MONUMENTS SET IN CONNECTIN PROFS LAND SURVEYOR AND, MAPPER WITH THE PREPARATION OF 'THE INFORMATION SWO LICENSE N0. 421.3, STATE OF FLORIDA HEREON. NOTE: LANDS SHOWN HEREON WERE N ABSTRACTED .FOR RESTRICTIONS, RIGHTS-OF-WA AN DATE: 9/26/47 EASEMENTS OF RECORD. PROJW ER aEvaRru4+i ►1�►uc . stw :; ear Kw Pew 1 . _ :5o' c4 $ TITLE 9/26/07 PON � ARCA c TEMPORARY ARCADIS U.S. , Inc. S CONSTRUCTION PROJEDCT Nu► Ea wanNc NUMBER 2081VWAP80my Tet (0) OFvX01) W4161 EASEMENT WP Ww?M00,1053 1053S0326 91 WestPelm`B Fbft93411 s►W 1 OF 3 SKETCH TO ACCOMPANY DESCRIPTION , THIS IS NOT A SURVEY! OWNER VERO BEACH ASS QC RETAIL LLC CONTINUED FROM SHEET 1 OF 3 CONTAINING .2 ,367 SQUARE FEET, MORE OR LESS, ALL SAID LANDS LYING' WITHIN SECTION 6, TOWNSHIP 33 SOUTH, RANGE 39 EAST, INDIAN RIVER COUNTY, FLORIDA. . . ALL BEARINGS , SHOWN HEREON ARE .BASED ON THE EAST LINE OF SECTION , TOWNSHIP 33 SOUTH , RANGE 39 EAST, PALM, BEACH COUNTY, FLORIDA, SAID UNE IS ASSUMED TO BEAR NORTH OO'07'56" EAST, SUBJECT TO EASEMENTS, RESTRICTIONS AND RIGHTS-Of-WAY OF RECORD, PROJECT MANAGER DEPARTMENT CKMD BY Kw PCW V ' `�'. PCW ARCADISPOI TEMPORARY si76/D7 By ElEj CONSTRUCTION PROJECT NUNBR DMVNIG NUMBER ARCADIS U .S ., Inc. EASEMENT 2091 Vt$m Perkwey TBC (8111) ti9l•TWo Feic (SBL) 697475 WP001053 '�'0 (� p west P* 8escI; "s 88411 www oldels +is oan SHEET 2 oe 3 SKETCH TO ACCOMPANY DESCRIPTION , THIS IS NOT A SURVEY ! . LEGEND: q - BASELINE O.R.B:. - OFFICIAL RECORDS BOOK. P.B. -- 'PLAT BOOK PG: _ PAGE PID - PARCEL INDENTIFICATION NUMBER R/W - RIGHT— OF — WAY ( 60' INDIAN RIVER COUNTY S.L.C. R: - ST. LUCIE COUNTY RECORDS STA; 130 +57 .01 o O.R B . 1101 , PG: 1670 GOLF AREA . 4 ( 0.R , 6, .11.05, PG: 1173 OFFSET: 65. 79 L M rip• 80' OWNER: VISTA PROPERTY OF VERO BEACH , INC ADDRESS: 66th AVENUE , VERO BEACH , FL, 32966 S89'54'49eE PID - 33390600006000000000 . 2 ' O R:B. 7001 :PG. 1653 6.00 I M 4.41 STA: 130+ 57 .02 ad NOa07"56"E SW52'04� OFFSET: 59 .79 L 00 -i 59 _ c . R=14.54 _ M12.51 3 0 o Q 0=74 0123 ® d N L= 18.79 WO a N l v R=19.37* A¢ 00 A=W5 16r, 11 67. c=n m N o L=7.76' N12' 15'46"E I 5 .a 10.95' .N co cs� :o o N89'52'04`W {� I N CV .N ( w 20.41UJ Z WNER , VERO BEACH ASSOC RETAIL LLC + z v, ADDRESS : 6690 20th STREET ^ ^ C, VERO BEACH , FL. 32966 PID - 33390600007000000000:3 L 0 60 RM m x O.R.B . 856 , PG. 630 � Lo o o INDIAN RIVER COUNTY \s %V O. R: B. 709, PG . 2938 p 0008 O:R . B . 7 l PG. 246 NORTH LINE OF STA: '128+42.01 0' COUNTY R/W OFFSET: 65.79 L 4: , STA: 128+48901 z 6.00 ' COUNTY R/W O`O�' OFFSET : 59.79 L hh1 STA: 130+ 32. 60 OFFSET: 6539 L O. R. B . 720, PG . 1522 4 �WOV3'1 SAN 8.49' o O STA: 130+ 32 . 60 OFFSET: 82.00 L 47 . 52 ' + In STAN 730+ 03 :46 OFFSET: 82900 L 00 04i \:/ STA: 130+ 03:63 OFFSET: 94:50 L 20th SIRMI (SR60) (OSCEOLA BLVD: ) P.O:C. lO STA: 1129+89 .94 OFFSET. 83:60 L 132 . 00' TO INDIAN RIVER COUNTY N . E . CORNER OF STA: 129 + 82.23 OFFSET: 83:90 L O. R. 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