HomeMy WebLinkAbout2012-119A i- R INGATION IN 1. la. cj FA4 E: t 3 A .
, I . K . BARMN , CLERK 44066,
AGREEMENT �xo i a - 10 A
THIS AGREEMENT is entered into as of the _ day of April, 2012, by and between
Indian River County, a political subdivision of the State of Florida, whose address is 1801 27`h
Street, Vero Beach, FL 32960 ("County") and Vista Properties of Vero Beach, Inc., a Florida
corporation, whose address is 100 Vista Royale Boulevard, Vero Beach, FL 32962 ("Vista
Properties").
WHEREAS, on or about May 21 , 2009, Vista Properties executed and delivered to
County (a) an Easement Deed for drainage purposes along and beneath certain real property
described therein, which deed is recorded at OR Book 2344, Page 479 ("Easement Deed"), and
(b) a Statutory Warranty Deed transferring certain real property described therein, which deed is
recorded at OR Book 2344, Page 476 ("Warranty Deed'), all references to the Public Records of
Indian River County, Florida; and
WHEREAS, the parties have subsequently determined that the Easement Deed and the
Warranty Deed did not achieve in full their intended purposes of transferring to County (a) all
rights necessary to use the Vista Plantation lake system for stormwater drainage and retention
purposes related to County's 6e Avenue expansion project ("66'h Avenue Expansion Project"),
and (b) ownership of the parcel and other rights described in the Warranty Deed; and
WHEREAS, as a result of the shortcomings of the Easement Deed and the Warranty
Dee(L County has been required to purchase additional easement and ownership rights from
Vista Plantation Association, Inc., a Florida corporation ("Association"); and
WHEREAS, to mitigate County' s expense in purchasing additional easement and
ownership rights from Association, Vista Properties has agreed to transfer to County additional
real property to be used for the 6e Avenue Expansion Project, and an additional easement
relating to the existing outfall structure and related facilities from the Vista Plantation lake
system to the canal on the south side of 2e Street, in accordance with the terms of
this
Agreement.
NOW, THEREFORE, in consideration of the mutual undertakings set forth herein, and
other good and valuable consideration, the receipt and adequacy of • which is hereby
acknowledged, the parties agree, as follows.
1 . Recitals. The above recitals are true and correct and are incorporated herein.
2. Transfer of Property to County. Vista Properties will transfer to County At
closing the real property described on Exhibit A attached hereto, containing approximately .0288
acres, together with all easements, rights and uses now or hereafter belonging thereto
("Properly"). Vista Properties shall convey marketable title to the Property by statutory warranty
deed, free of claims, liens, easements and encumbrances of record or known to Vista Properties,
but subject to property taxes for 2012. County may order an ownership and encumbrance report
Page I ofS
n1
UV
A TRUE C0PY � - ► q -A � a
J , K0 O .ARTONI , CLERK 4 6'
AGREEMENT ;kc > i a 1 Iq
THLS AGREEMENT is entered into as of the _ day of April, 2012, by and between
Indian River County, a political subdivision of the State of Florida, whose address is 1801 27h
Street, Vero Beach, FL 32960 ("County") and Vista Properties of Vero Beach, Inc., a Florida
corporation, whose address is 100 Vista Royale Boulevard, Vero Beach, FL 32962 ("Vista
Properties").
WHEREAS, on or about May 21 , 2009, Vista. Properties executed and delivered to
County (a) an Easement Deed for drainage purposes along and beneath certain real property
described therein, which deed is recorded at OR Book 2344, Page 479 ("Easement Deed"), and
(b) a Statutory Warranty Deed transferring certain real property described therein, which deed is
recorded at OR Book 2344, Page 476 ("Warranty Deed'), all references to the Public Records of
Indian River County, Florida; and
WHEREAS, the parties have subsequently determined that the Easement Deed and the
Warranty Deed did not achieve in full their intended purposes of transferring to County (a) all
rights necessary to use the Vista Plantation lake system for stormwater drainage and retention
purposes related to County's 6& Avenue expansion project ("66'b Avenue Expansion Project',
and (b) ownership of the parcel and other rights described in the Warranty Deed; and
WHEREAS, as a result of the shortcomings of the Easement Deed and the Warranty
Deed, County has been required to purchase additional easement and ownership rights from
Vista Plantation Association, Inc., a Florida. corporation ("Association"); and
WHEREAS, to mitigate County' s expense in purchasing additional easement and
ownership rights from Association, Vista. Properties has agreed to transfer to County additional
real property to be used for the 66d' Avenue Expansion Project, and an additional easement
relating to the existing outfall structure and related facilities from the Vista Plantation lake
system to the canal on the south side of 2601 Street, in accordance with the terms of this
Agreement.
NOW, THEREFORE, in consideration of the mutual undertakings set forth herein, and
other good and valuable consideration, the receipt and adequacy of & which is hereby
acknowledged, the parties agree, as follows.
1. Recitals. The above recitals are true and correct and are incorporated herein.
2. Transfer of Property to County. Vista Properties will transfer to County at
closing the real property described on Exhibit A attached hereto, containing approximately .0288
acres, together with all easements, rights and uses now or hereafter belonging thereto
("Property"). Vista Properties shall convey marketable title to the Property by statutory warranty
deed, free of claims, liens, easements and encumbrances of record or known to Vista Properties,
but subject to property taxes for 2012. County may order an ownership and encumbrance report
F.� ., .�,.. ,.-.• ►� Page I of
VV
C �. RTIr i ! Ai I oro ! A , i t•A �_; F
J . K . BAR ION , CLERK
or a title insurance commitment with respect to the Property. County shall provide notice to
Vista Properties of any unacceptable title defects within twenty (20) days of the effective date of
this Agreement If such notice is provided, Vista Properties shall have twenty (20) days from
receipt of such notice to cure the title defects. If Vista Properties is not able to cure the title
defects within such period of time, then (a) the parties may extend the curative period by mutual
written agreement, (b) County may elect to accept the Property with the title defects, or (c)
County may elect to terminate this Agreement_
3. Severance or Disruption Damages and Expenses. The parties acknowledge
that as a result of the use of the Property by County for the 66h Avenue Expansion Project, a
landscape buffer, fence and other items Iocated on the Property will be removed. To the extent
that Vista Properties elects to reconstruct a landscape buffer, fence or other items on its
remaining property, or takes other measures with respect to its remaining property to minimize
the impact of the 66th Avenue Expansion Project, Vista properties shall absorb and pay all
expenses of such reconstruction or other measures. County shall have no liability for such
damages or expenses.
4. Easement over Existing Outfall Structure and Related Facilities. Vista
Properties will transfer to County at closing an easement over the existing outfall structure and
related facilities, including pipes, which convey water from the Vista Plantation lake system to
the canal on the south side of 26th Street. A copy of the easement is attached as Exhibit B
("Additional Easement"). The Additional Easement shall be subject to the same title
requirements and procedures as set forth in paragraph 2 above with respect to the Property.
5. Clarification of Easement Deed. The Easement Deed describes a twenty (20)
foot wide easement which runs, in part, through the portion of the Vista Plantation lake system
which is owned by Vista Properties. The parties have always understood that stormwater
flowing into the easement will flow equally throughout the entire portion of the lake system
owned by Vista Properties. To the extent necessary, the parties hereby confirm that the
Easement Deed was intended to and did convey to County all rights necessary for County' s
stormwater from 66th Avenue to flow throughout all portions of the lake system owned by Vista.
Properties. Vista Properties hereby consents to such use of all portions of the lake system owned
by Vista Properties for all purposes related to the 6e Avenue Expansion Project, including,
without limitation, the permitting of the 66th Avenue Expansion Project by St. Johns River Water
Management District, and any other governmental agency.
6. Releases. Effective upon closing of the transfer of the Property and the
Additional Easement to County as set forth in paragraphs 2 and 4 above, (a) County releases,
satisfies, discharges and acquits Vista Properties, and its officers, directors and employees, from
any and all claims, causes of action, damages, expenses or liabilities of any kind whatsoever,
arising out of or relating to the shortcomings of the Easement Deed and the Warranty Deed,
which required County to purchase additional easement and ownership rights from the
Association, as set forth in the second and third "Whereas" clauses above, and (b) Vista
Properties releases, satisfies, discharges and acquits County, and its commissioners, officers and
employees, from any and all claims, causes of action, damages, expenses or liabilities of any
kind whatsoever, arising out of or relating to the transfer of the Property and the Additional
p
AUWNWMr _ ,,,,pWSq, = Page 2 of 5
C �. RTIr i ! Ai I oro ! A , i t•A �_; F
J . K . BAR ION , CLERK
or a title insurance commitment with respect to the Property. County shall provide notice to
Vista Properties of any unacceptable title defects within twenty (20) days of the effective date of
this Agreement If such notice is provided, Vista Properties shall have twenty (20) days from
receipt of such notice to cure the title defects. If Vista Properties is not able to cure the title
defects within such period of time, then (a) the parties may extend the curative period by mutual
written agreement, (b) County may elect to accept the Property with the title defects, or (c)
County may elect to terminate this Agreement_
3. Severance or Disruption Damages and Expenses. The parties acknowledge
that as a result of the use of the Property by County for the 66h Avenue Expansion Project, a
landscape buffer, fence and other items Iocated on the Property will be removed. To the extent
that Vista Properties elects to reconstruct a landscape buffer, fence or other items on its
remaining property, or takes other measures with respect to its remaining property to minimize
the impact of the 66th Avenue Expansion Project, Vista properties shall absorb and pay all
expenses of such reconstruction or other measures. County shall have no liability for such
damages or expenses.
4. Easement over Existing Outfall Structure and Related Facilities. Vista
Properties will transfer to County at closing an easement over the existing outfall structure and
related facilities, including pipes, which convey water from the Vista Plantation lake system to
the canal on the south side of 26th Street. A copy of the easement is attached as Exhibit B
("Additional Easement"). The Additional Easement shall be subject to the same title
requirements and procedures as set forth in paragraph 2 above with respect to the Property.
5. Clarification of Easement Deed. The Easement Deed describes a twenty (20)
foot wide easement which runs, in part, through the portion of the Vista Plantation lake system
which is owned by Vista Properties. The parties have always understood that stormwater
flowing into the easement will flow equally throughout the entire portion of the lake system
owned by Vista Properties. To the extent necessary, the parties hereby confirm that the
Easement Deed was intended to and did convey to County all rights necessary for County' s
stormwater from 66th Avenue to flow throughout all portions of the lake system owned by Vista.
Properties. Vista Properties hereby consents to such use of all portions of the lake system owned
by Vista Properties for all purposes related to the 6e Avenue Expansion Project, including,
without limitation, the permitting of the 66th Avenue Expansion Project by St. Johns River Water
Management District, and any other governmental agency.
6. Releases. Effective upon closing of the transfer of the Property and the
Additional Easement to County as set forth in paragraphs 2 and 4 above, (a) County releases,
satisfies, discharges and acquits Vista Properties, and its officers, directors and employees, from
any and all claims, causes of action, damages, expenses or liabilities of any kind whatsoever,
arising out of or relating to the shortcomings of the Easement Deed and the Warranty Deed,
which required County to purchase additional easement and ownership rights from the
Association, as set forth in the second and third "Whereas" clauses above, and (b) Vista
Properties releases, satisfies, discharges and acquits County, and its commissioners, officers and
employees, from any and all claims, causes of action, damages, expenses or liabilities of any
kind whatsoever, arising out of or relating to the transfer of the Property and the Additional
p
AUWNWMr _ ,,,,pWSq, = Page 2 of 5
' 1 t • 1 1 t 1 1 • It 11 . 111 . 1 t 1 • A ! 1 t . tl . • " •
we Mr-M-IL-NJ 1 ' t \ 1 I ► • 9 1 1 i
• - t • ' tt ' 1 ' 11 - • s • t 1 • - 111 - A - t 1 " ' • 1 "
11
! 1 - • A 1 / - ' • • - . 11 • f " • • A ! 1 . " 11 - i ! 1 11 1 - 1
t /
" / . 111 111 • / • i 1 • . . 1J Jtl • 1 - • 1111 . 1 • 1 " 1 A •
. •
' J � - It " 1 ' • • - i - 1 11 11 1 i • 1 It IN / 1 t ' • �
1 1 11 I • t 1 1 ' ' • • ' • if - 1 • A • i • - II - 1 I lite 1 • I I No / 1
. 41 11t " 1 1 i "
' t ' + 1 • 1 1 1 1 1 I 1 t " ' • / ' 1 1 " / • i \ 1 . 11 -
t 1 • 1 -
1 • 1 • 1 - 1 • / 11 . il • ' t • ' A :•. i . - i 1 • 1 \ �•. • 1 t
1 - • • A1t . - 11 ' 1 • 1 1 t I1 • - w :' 1 / I • 1 til ' 11 •
- 1 • t ! • t f U . 1 1 . � - • 1 1 1 1 I - • - . • i • • A
x1111 1 :•. ' 1 • 111 ' 11 1 111 1 • 1 " ' • • ' 11 1 - • 1 • • �' •
•t - ` • / A 1 1 . - Ii - 1 • i 1 11 • 1 • - 1 • •Jl 11 _ 1 - 1 •
YI • ' � \ • , 1 '
\ It f tl ! _ . • - . 11 1 _slut - \ • 1 t i " • • ' 1 . 1 w • 1
! • fl ' • 11 - ' ! / - 1 / 1 1 i ► I ' / 1 A • 1 . - 11 " 1 it 11
• _ . • .
. 1 t :JI 11 ' 1 1 • ' - • - / 1 - 11 - A - 1 - 11 :II . 11 t 1 • :• • 1 w
- • i 1
Aw
t . J • t • / - 1 r • 1 1 ' • • - • t . 1 • 1 1 U - 11 - t 1 .
1 ' • It w • : 1 • • t • It 11 t 1 " 1 1 - • 1 1 •
11 t 1 • I - It :� - 1 1 � • / 1 1 \ 1 . J • 1 1 " 1 • 1
' • • - 1 r. 1 . t - • • 1 / � " 1 1 t 1 11 • 1 " ' / 1 �1 : 111 t i :
_
tl 1 1 at 1 1 ! 1 • 1 ' • it - 1 1 1 1 t 1 1 1 • . 1 . 1 ' 1
\ 1 - • • 111 ' 11. �. \ 11 1 � 1 / 4 - Al A • 1 1 / 1 . 11 1 t "
11 • 1 ` •J � " 11 1
1 • • 1 Ii _ �': 11 ' 1 1 : : 1 1 1 fl ' 1 . 1 11 1 " 1 1 � / 1 1 ' / 1 - 1 t
1 ' t �' � 1 • II •
• � 1 - A / . 11 \ • / - 11 t11 1 ' 1 1 - A • t . • . / � 1 1 - 1
of
to
1 • - 1 1 �•' 1 Ilt • . 11 1
t tl . • II • 1 1 - • 1 - l1 / t • • / . • : / ' 1 1 11 :1 '
/ ' • . A �'. 1 r f - { 1 t . 11 A • • t - : 1 - • 1 9 � " 11 ' i • •
- I 1 •
Nor
' 1 t • 1 1 t 1 1 • It 11 . 111 . 1 t 1 • A ! 1 t . tl . • " •
we Mr-M-IL-NJ 1 ' t \ 1 I ► • 9 1 1 i
• - t • ' tt ' 1 ' 11 - • s • t 1 • - 111 - A - t 1 " ' • 1 "
11
! 1 - • A 1 / - ' • • - . 11 • f " • • A ! 1 . " 11 - i ! 1 11 1 - 1
t /
" / . 111 111 • / • i 1 • . . 1J Jtl • 1 - • 1111 . 1 • 1 " 1 A •
. •
' J � - It " 1 ' • • - i - 1 11 11 1 i • 1 It IN / 1 t ' • �
1 1 11 I • t 1 1 ' ' • • ' • if - 1 • A • i • - II - 1 I lite 1 • I I No / 1
. 41 11t " 1 1 i "
' t ' + 1 • 1 1 1 1 1 I 1 t " ' • / ' 1 1 " / • i \ 1 . 11 -
t 1 • 1 -
1 • 1 • 1 - 1 • / 11 . il • ' t • ' A :•. i . - i 1 • 1 \ �•. • 1 t
1 - • • A1t . - 11 ' 1 • 1 1 t I1 • - w :' 1 / I • 1 til ' 11 •
- 1 • t ! • t f U . 1 1 . � - • 1 1 1 1 I - • - . • i • • A
x1111 1 :•. ' 1 • 111 ' 11 1 111 1 • 1 " ' • • ' 11 1 - • 1 • • �' •
•t - ` • / A 1 1 . - Ii - 1 • i 1 11 • 1 • - 1 • •Jl 11 _ 1 - 1 •
YI • ' � \ • , 1 '
\ It f tl ! _ . • - . 11 1 _slut - \ • 1 t i " • • ' 1 . 1 w • 1
! • fl ' • 11 - ' ! / - 1 / 1 1 i ► I ' / 1 A • 1 . - 11 " 1 it 11
• _ . • .
. 1 t :JI 11 ' 1 1 • ' - • - / 1 - 11 - A - 1 - 11 :II . 11 t 1 • :• • 1 w
- • i 1
Aw
t . J • t • / - 1 r • 1 1 ' • • - • t . 1 • 1 1 U - 11 - t 1 .
1 ' • It w • : 1 • • t • It 11 t 1 " 1 1 - • 1 1 •
11 t 1 • I - It :� - 1 1 � • / 1 1 \ 1 . J • 1 1 " 1 • 1
' • • - 1 r. 1 . t - • • 1 / � " 1 1 t 1 11 • 1 " ' / 1 �1 : 111 t i :
_
tl 1 1 at 1 1 ! 1 • 1 ' • it - 1 1 1 1 t 1 1 1 • . 1 . 1 ' 1
\ 1 - • • 111 ' 11. �. \ 11 1 � 1 / 4 - Al A • 1 1 / 1 . 11 1 t "
11 • 1 ` •J � " 11 1
1 • • 1 Ii _ �': 11 ' 1 1 : : 1 1 1 fl ' 1 . 1 11 1 " 1 1 � / 1 1 ' / 1 - 1 t
1 ' t �' � 1 • II •
• � 1 - A / . 11 \ • / - 11 t11 1 ' 1 1 - A • t . • . / � 1 1 - 1
of
to
1 • - 1 1 �•' 1 Ilt • . 11 1
t tl . • II • 1 1 - • 1 - l1 / t • • / . • : / ' 1 1 11 :1 '
/ ' • . A �'. 1 r f - { 1 t . 11 A • • t - : 1 - • 1 9 � " 11 ' i • •
- I 1 •
Nor
CEF; TIrICATION ON LAST PAGE
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.
13. Assignment and Binding Effect. Neither County nor Vista Properties 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 .
14. 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
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.
15. 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.
16. Counterparts. This Agreement may be executed in two or more counterparts,
each one of which shall constitute an original.
17. 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.
IN WITNESS WHEREOF, the undersigned have executed this Agreement as of the
date first set forth above.
ATTEST: Jeffrey K. Barton, BOARD OF COUNTY CONE IISSIONERS,
Clerk of Court INDIAN RIVER COUNTY ("County")
I)quty Clerk ��' 0V ROD �°.Gary C. ler, Chairman
Appttoved by BCC: v' 220120
Zama9
• ..y +: -i
[ .t•> Page 4 of 5
P'L1 3
7 v
4
CEF; TIrICATION ON LAST PAGE
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.
13. Assignment and Binding Effect. Neither County nor Vista Properties 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 .
14. 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
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.
15. 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.
16. Counterparts. This Agreement may be executed in two or more counterparts,
each one of which shall constitute an original.
17. 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.
IN WITNESS WHEREOF, the undersigned have executed this Agreement as of the
date first set forth above.
ATTEST: Jeffrey K. Barton, BOARD OF COUNTY CONE IISSIONERS,
Clerk of Court INDIAN RIVER COUNTY ("County")
I)quty Clerk ��' 0V ROD �°.Gary C. ler, Chairman
Appttoved by BCC: v' 220120
Zama9
• ..y +: -i
[ .t•> Page 4 of 5
P'L1 3
7 v
4
CCF; TIFIa� AT10N %) N LAS T PM]
JoKa BAWMN`; C; _ F �-; K
Approved : Approved as to form and legal sufficiency,
C1ll) �
B � � B
y y
seph A. Baird, Administrator Alan S . F fa�ckwich, Sr., County Attorney
Signed, sealed and delivered in the presence VISTA PROPERTIES OF VERO EACH,
of INC. ("Vista Properties")
KL
Print Name:
name: `L Print Title:!
STATE OF FLORIDA ,,.
COUNTY OF INDIAN RIVER
The fore ping instrument was knowledged before me o2 day of
2012, by C , the .C.t/JL l e-� -:l of VISTA
PROPERTIES F VERO BEACH, , a Florida corporation, who a the same on
behalf of said corporation, and who did not take an oath. Said individual is personally known
to me, or O has produced , as identificatio .
NOTARY PUBLIC, State of Florida
5 0S tuaob `
day ciOM * 27. 201s
iRES: � Ca
[SEAL] a �Y Print
- —
Commission No .
Commission Expires:
Page 5 ofS
CCF; TIFIa� AT10N %) N LAS T PM]
JoKa BAWMN`; C; _ F �-; K
Approved : Approved as to form and legal sufficiency,
C1ll) �
B � � B
y y
seph A. Baird, Administrator Alan S . F fa�ckwich, Sr., County Attorney
Signed, sealed and delivered in the presence VISTA PROPERTIES OF VERO EACH,
of INC. ("Vista Properties")
KL
Print Name:
name: `L Print Title:!
STATE OF FLORIDA ,,.
COUNTY OF INDIAN RIVER
The fore ping instrument was knowledged before me o2 day of
2012, by C , the .C.t/JL l e-� -:l of VISTA
PROPERTIES F VERO BEACH, , a Florida corporation, who a the same on
behalf of said corporation, and who did not take an oath. Said individual is personally known
to me, or O has produced , as identificatio .
NOTARY PUBLIC, State of Florida
5 0S tuaob `
day ciOM * 27. 201s
iRES: � Ca
[SEAL] a �Y Print
- —
Commission No .
Commission Expires:
Page 5 ofS
A TRUE COPY
CERTIFICATION UN L A : 7 l�h< ,r; t
EXHIBIT « A" J * Kl BARTON , CLERK
SKETCH TO ACCOMPANY DESCRIPTION ,
THIS IS NOT A SURVEYI
LOCATI.ON MAP: NOT M SCALE
i t 45th
� o r 2n50)-�41 Thi St. S.Giffor Rd:
277 - 30 _ � 19 mp
0 . ft � F i
B°r - Avg. _ VISTA PROPERTY OF VERO BEACH , INC .
�Cherr�r ='Lane35
-
34
-
f -
4
LEGAL DESCRIPTION: PARCEL 125
A PORTION OF THAT PARCEL OF LAND DESCRIBED IN OFFICIAL RECORDS BOOK 700, PAGE 16531 PUBLIC RECORDS,
INDIAN RIVER COUNTY LYING WITHIN TRACT 8. INDIAN RIVER FARMS CO. PLAT OF LANDS, ACCORDING TO THE
PLAT
THEREOF, AS RECORDED IN PLAT BOOK 2, PAGE 25, PUBLIC RECORDS, SAINT LUCIE COUNTY, FLORIDA, BEING
MORE
PARTICULARLY DESCRIBED AS FOLLOWS.
COMMENCE AT THE INTERSECTION OF THE WEST RIGHT-( F-WAY LINE OF 66TH AVENIm E AS DESCRIBED IN OFFICIAL RECORDS
BOOK 709, PAGE 2938 AND OFFICIAL RECORDS BOOK 718, PAGE 246, OF SAID PUBLIC RECORDS, AND THE NORTH RIGHT-OF WAY
LX OF 20TH STREET AS DESCRIBED IN OFFICIAL RECORDS eOOK 720, PAGE 1522, OF SAID PUBLIC RECORDS: THENCE NORTH
0(r07'56" EAST, ALONG THE WEST RIGHT-OF-WAY SAID 66TH AVENUE, A DISTANCE OF 249.00 FEET TO THE POINT
OF
BEGINNING OF THE HEREIN DESCRIBED PARCEL; THENCE NORTH 89054934" WEST, A DISTANCE OF 7.52 FEET; TO
A POINT
ON A UNE 7.52 FEET WEST OF AND PARALLEL WITH THE WEST RIGHT-OF-WAY SAID 66TH AVENUE; THENCE ALONG SAID
PARALLEL UNE. NORTH 00'07056' EAST, A DISTANCE OF 142.88 FEET; THELE NORTH 00'24'51 " EAST, A DISTANCE
OF
9. 14 FEET; THENCE NORTH 13.51 '54" EAST, A DISTANCE OF 31 .50 FEET TT) A POINT ON THE WEST RIGHT-OF-WAY
SAID
66TH AVENUE; THENCE SOUTH 00'07'56' WEST, ALONG SAID WEST RIGHT-OF-WAY UNE, A DISTANCE OF 182.61 FEET
TO
THE POINT OF BEGINNING.
CONTAINING 1 ,258 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 6, TOWNSHIP 33 SOUTH, RANGE 39 EAST,
INDIAN
RIVER COUNTY, FLORIDA, SAID LINE IS ASSUMED TO BEAR NORTH 00x07'56' EAST.
SUBJECT TO EASEMENTS, RESTRICTIONS AND RIGHTS-OF-WAY OF RECORD.
THIS SKETCH . 0 DESCRIPTION ARE NOT VAUD WITHOUT THE SIGNATURE AND ORIGINAL RAISED SEAL
- RI LICENSED SURVEYOR AND MAPPER.
NOTE: THIS IS NOT A SKETCH OF SURVEY, BUT ONLY A\
GRAPHIC DEPICTION OF THE DESCRIPTION SHOWN HEREON.
1�11NE THERE HAS BEEN NO FIELD WORK, VIEWING OF THE
PROFESSIONAL LAND SURVEYOR AND MAPPER SUBJECT PROPERTY, OR MONUMENTS SET IN CONNECTION
LICENSE NO. 4190, STATE OF FLORIDA WITH THE PREPARATION OF THE INFORMATION SHOWN
DATE: 8/16/11 RET/ 08/16/11 JAF HEREON. NOTE: LANDS SHOWN HEREON WERE NOT
REV 11 /30/10 JAF ABSTRACTED FOR RESTRICTIONS, RIGHTS-OF-WAY AND
REV 10/22/07 BEJ EASEMENTS OF RECORD.
irvur;Fit siF 509CHMU Bir
WFD
WAN fff
ARCADIS ADDITIONAL R T=
ARCADIS U.S., Inc. S PAa�cr
It 20e1 VbW Pw" Tw: 001) aet-m FWC Pl)W-Tm wP0o1 o53 10538D125
191 Weal Palm Basch, " U411 ow 1 of 2
ll f
W
1
a
A TRUE COPY
CERTIFICATION UN L A : 7 l�h< ,r; t
EXHIBIT « A" J * Kl BARTON , CLERK
SKETCH TO ACCOMPANY DESCRIPTION ,
THIS IS NOT A SURVEYI
LOCATI.ON MAP: NOT M SCALE
i t 45th
� o r 2n50)-�41 Thi St. S.Giffor Rd:
277 - 30 _ � 19 mp
0 . ft � F i
B°r - Avg. _ VISTA PROPERTY OF VERO BEACH , INC .
�Cherr�r ='Lane35
-
34
-
f -
4
LEGAL DESCRIPTION: PARCEL 125
A PORTION OF THAT PARCEL OF LAND DESCRIBED IN OFFICIAL RECORDS BOOK 700, PAGE 16531 PUBLIC RECORDS,
INDIAN RIVER COUNTY LYING WITHIN TRACT 8. INDIAN RIVER FARMS CO. PLAT OF LANDS, ACCORDING TO THE
PLAT
THEREOF, AS RECORDED IN PLAT BOOK 2, PAGE 25, PUBLIC RECORDS, SAINT LUCIE COUNTY, FLORIDA, BEING
MORE
PARTICULARLY DESCRIBED AS FOLLOWS.
COMMENCE AT THE INTERSECTION OF THE WEST RIGHT-( F-WAY LINE OF 66TH AVENIm E AS DESCRIBED IN OFFICIAL RECORDS
BOOK 709, PAGE 2938 AND OFFICIAL RECORDS BOOK 718, PAGE 246, OF SAID PUBLIC RECORDS, AND THE NORTH RIGHT-OF WAY
LX OF 20TH STREET AS DESCRIBED IN OFFICIAL RECORDS eOOK 720, PAGE 1522, OF SAID PUBLIC RECORDS: THENCE NORTH
0(r07'56" EAST, ALONG THE WEST RIGHT-OF-WAY SAID 66TH AVENUE, A DISTANCE OF 249.00 FEET TO THE POINT
OF
BEGINNING OF THE HEREIN DESCRIBED PARCEL; THENCE NORTH 89054934" WEST, A DISTANCE OF 7.52 FEET; TO
A POINT
ON A UNE 7.52 FEET WEST OF AND PARALLEL WITH THE WEST RIGHT-OF-WAY SAID 66TH AVENUE; THENCE ALONG SAID
PARALLEL UNE. NORTH 00'07056' EAST, A DISTANCE OF 142.88 FEET; THELE NORTH 00'24'51 " EAST, A DISTANCE
OF
9. 14 FEET; THENCE NORTH 13.51 '54" EAST, A DISTANCE OF 31 .50 FEET TT) A POINT ON THE WEST RIGHT-OF-WAY
SAID
66TH AVENUE; THENCE SOUTH 00'07'56' WEST, ALONG SAID WEST RIGHT-OF-WAY UNE, A DISTANCE OF 182.61 FEET
TO
THE POINT OF BEGINNING.
CONTAINING 1 ,258 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 6, TOWNSHIP 33 SOUTH, RANGE 39 EAST,
INDIAN
RIVER COUNTY, FLORIDA, SAID LINE IS ASSUMED TO BEAR NORTH 00x07'56' EAST.
SUBJECT TO EASEMENTS, RESTRICTIONS AND RIGHTS-OF-WAY OF RECORD.
THIS SKETCH . 0 DESCRIPTION ARE NOT VAUD WITHOUT THE SIGNATURE AND ORIGINAL RAISED SEAL
- RI LICENSED SURVEYOR AND MAPPER.
NOTE: THIS IS NOT A SKETCH OF SURVEY, BUT ONLY A\
GRAPHIC DEPICTION OF THE DESCRIPTION SHOWN HEREON.
1�11NE THERE HAS BEEN NO FIELD WORK, VIEWING OF THE
PROFESSIONAL LAND SURVEYOR AND MAPPER SUBJECT PROPERTY, OR MONUMENTS SET IN CONNECTION
LICENSE NO. 4190, STATE OF FLORIDA WITH THE PREPARATION OF THE INFORMATION SHOWN
DATE: 8/16/11 RET/ 08/16/11 JAF HEREON. NOTE: LANDS SHOWN HEREON WERE NOT
REV 11 /30/10 JAF ABSTRACTED FOR RESTRICTIONS, RIGHTS-OF-WAY AND
REV 10/22/07 BEJ EASEMENTS OF RECORD.
irvur;Fit siF 509CHMU Bir
WFD
WAN fff
ARCADIS ADDITIONAL R T=
ARCADIS U.S., Inc. S PAa�cr
It 20e1 VbW Pw" Tw: 001) aet-m FWC Pl)W-Tm wP0o1 o53 10538D125
191 Weal Palm Basch, " U411 ow 1 of 2
ll f
W
1
a
I 1 � Jr COPY
CER 11FICATION ON AS 4PAG �
i . K . BA [IT 0N , IL; L- Lrl, K
SKETCH TO ACCOMPANY DESCRIPTION .
THIS IS NOT A SURVEY! C? rokou
LEGEND. cc r
- BASELINE O
O.R.B. - OFFICIAL RECORDS BOOK z °a- z Q
P.B. - PLAT BOOK Ma o 0
PG. - PAGE r v
PI - POINT OF INTERSECTION
PID - PARCEL INDENTIFICATION NUMBER �-- = ao a M
-
P .Q .B. POINT OF BEGINNING `� � ao d
3co :000L
P.O.C. - POINT OF COMMENCEMENT coo STA: 132+40.09
R/W - RK11iT-OF-WAY ' 'i OFFSET: 551 .91 L
N13'51 54 E
S.L.C.R. - ST. LUCIE COUNTY RECORDS 31 .5 +
(,
STA: 132+09.56
OFFSET: 59.79 L o
SW24'51 "W-9. 14' Lf)
N n
STA: 132+00.42Nkomo + 90 UJ C E-
OFFSET: 59.79 L ^ C W
INDIAN RIVER COUNTY - a
O.R.B. 1101 , PG. 1610 o v
CORRECTED IN
O.R. B. 1105, PG. 117300
GOLF AREA 4 0
OWNER: VISTA PROPERLY OF VERO BEACH, INC ago
ADDRESS: 66th AVENUE, -
VERO BEACH, FL 32966 � . �
PID — 33390600006000000000.2 7.52'
O . R. B. 700, PG. 1653 p
TRACT 8, SECTION 6 � AV
Noll
INDIAN RIVER FARMS CO. PLAT OF LANDS
P.B. 21 PG. 25 a b {"
STA: 130+57.02 z t
OFFSET: 59.7s Iw.
N8W55'34'W ` TAB*
OWNER: VERO BEACH ASSOC RETAIL LLC 7'52' o
ADDRESS: 6690 20th STREET j
VERO BEACH, FL. 32966 STA: 130+5654 1 .
PID - 33390600007000000000.3 OFFSET: 52.27 L N t
O.R.B. 856, PG. 630
80' R/W n
WEST R/W UNE OF- ` INDIAN RIVER COUNTY __ - o
66TH AVENUE O.R.8. 709, PG. 2938 0 - .O.C.
O.R.B. 709, PG. 2938 O. R.B. 718, PG. 246 z
O.R.B. 718, PG. 246 AVEPolO*RolESr R/W LME 66TH
` �. - � AVO.R.B. 705. PG. 2338,
O.R.B. 718, PG. 246 do TIE
:fl0' COUNLY R/W NORTH R/W UNE OF 2M
O4 B. 720, PG. 1522 ( 1 STREET (SR 60-OSCEMA
— —
BLVD) ORB. 72% PG 1522
201h SIREEI (SR60) (OSCEOLA BLVD.)
togwmw ARCADISsw Peg
. Of= by
t
ARCADES U.S., inc.
ADDITIONAL R/W � . .
A mvbbP'wmm Td: (0)WwlW0 FllC (lisl)WW81 WP001053 1053SDU
e West Pah Beed% Bottle X3111 envw aoderR cam sw 1 OF 2
I 1 � Jr COPY
CER 11FICATION ON AS 4PAG �
i . K . BA [IT 0N , IL; L- Lrl, K
SKETCH TO ACCOMPANY DESCRIPTION .
THIS IS NOT A SURVEY! C? rokou
LEGEND. cc r
- BASELINE O
O.R.B. - OFFICIAL RECORDS BOOK z °a- z Q
P.B. - PLAT BOOK Ma o 0
PG. - PAGE r v
PI - POINT OF INTERSECTION
PID - PARCEL INDENTIFICATION NUMBER �-- = ao a M
-
P .Q .B. POINT OF BEGINNING `� � ao d
3co :000L
P.O.C. - POINT OF COMMENCEMENT coo STA: 132+40.09
R/W - RK11iT-OF-WAY ' 'i OFFSET: 551 .91 L
N13'51 54 E
S.L.C.R. - ST. LUCIE COUNTY RECORDS 31 .5 +
(,
STA: 132+09.56
OFFSET: 59.79 L o
SW24'51 "W-9. 14' Lf)
N n
STA: 132+00.42Nkomo + 90 UJ C E-
OFFSET: 59.79 L ^ C W
INDIAN RIVER COUNTY - a
O.R.B. 1101 , PG. 1610 o v
CORRECTED IN
O.R. B. 1105, PG. 117300
GOLF AREA 4 0
OWNER: VISTA PROPERLY OF VERO BEACH, INC ago
ADDRESS: 66th AVENUE, -
VERO BEACH, FL 32966 � . �
PID — 33390600006000000000.2 7.52'
O . R. B. 700, PG. 1653 p
TRACT 8, SECTION 6 � AV
Noll
INDIAN RIVER FARMS CO. PLAT OF LANDS
P.B. 21 PG. 25 a b {"
STA: 130+57.02 z t
OFFSET: 59.7s Iw.
N8W55'34'W ` TAB*
OWNER: VERO BEACH ASSOC RETAIL LLC 7'52' o
ADDRESS: 6690 20th STREET j
VERO BEACH, FL. 32966 STA: 130+5654 1 .
PID - 33390600007000000000.3 OFFSET: 52.27 L N t
O.R.B. 856, PG. 630
80' R/W n
WEST R/W UNE OF- ` INDIAN RIVER COUNTY __ - o
66TH AVENUE O.R.8. 709, PG. 2938 0 - .O.C.
O.R.B. 709, PG. 2938 O. R.B. 718, PG. 246 z
O.R.B. 718, PG. 246 AVEPolO*RolESr R/W LME 66TH
` �. - � AVO.R.B. 705. PG. 2338,
O.R.B. 718, PG. 246 do TIE
:fl0' COUNLY R/W NORTH R/W UNE OF 2M
O4 B. 720, PG. 1522 ( 1 STREET (SR 60-OSCEMA
— —
BLVD) ORB. 72% PG 1522
201h SIREEI (SR60) (OSCEOLA BLVD.)
togwmw ARCADISsw Peg
. Of= by
t
ARCADES U.S., inc.
ADDITIONAL R/W � . .
A mvbbP'wmm Td: (0)WwlW0 FllC (lisl)WW81 WP001053 1053SDU
e West Pah Beed% Bottle X3111 envw aoderR cam sw 1 OF 2
CoL—K11' I !; AT 10 1 ) (.; IV LAc; _I .
EXHIBIT 641399 K . BA1 R i C) N Ci r_ s, l,
Prepared by:
Indian River County
1801 27"' Street
Vero Beach , FL 32960
Return recorded original to:
Return recorded certified copy to:
Office of General Counsel
St. Johns River Water Management District
4049 Reid Street / Highway 100 West
Palatka, FL 32177
DRAIANGE EASEMENT AGREEMENT
This DRAINAGE EASEMENT AGREEMENT (the "Agreement") is made as of the
day of April , 2012, by and between Vista Properties of Vero Beach , Inc. , ("Vista' having an
address of P. O. Box 651460, Vero Beach , FL 32965 , and Indian River County, ("County") a
political subdivision of the State of Florida , having an address of 1801 27"' Street, Vero Beach ,
FL 32960 .
WITNESSETH:
WHEREAS, Vista is the owner of that certain tract of land (the "Property") being more
particularly described in Exhibit "A' attached hereto as and incorporated herein ; and
WHEREAS , Vista and County desire to create a Drainage Easement Agreement for
stormwater management and the drainage/retention system over the Property, for the benefit of
each; and
WHEREAS , both Vista and County will be served by a drainage/retention system
designed and operated in accordance with District Permit No. _ (the "Permit*) issued by the St.
Johns River Water Management District; and
WHEREAS, Vista agrees to grant to County certain easements, rights, and privileges,
including an easement over and across a certain portion of the Property for the purpose of
dedicating said portion of the Property to a drainage/retention system ; and
NOW, THEREFORE, for and in consideration of the sum of Ten and No/100 ($ 10. 00)
Dollars and of the mutual covenants herein contained , and for other valuable and good
consideration , the receipt and sufficiency of which are hereby acknowledged, Vista and County
hereby agree as follows:
1 . Vista hereby bargains, sells, grants and conveys to County, and its successors and
assigns, for the benefit of and as an appurtenance to the Property a perpetual, non-exclusive
right, privilege and easement upon, over, in and across that certain portion of the Property as
depicted on the approved plans for the Permit for the purposes of accumulation , drainage,
CoL—K11' I !; AT 10 1 ) (.; IV LAc; _I .
EXHIBIT 641399 K . BA1 R i C) N Ci r_ s, l,
Prepared by:
Indian River County
1801 27"' Street
Vero Beach , FL 32960
Return recorded original to:
Return recorded certified copy to:
Office of General Counsel
St. Johns River Water Management District
4049 Reid Street / Highway 100 West
Palatka, FL 32177
DRAIANGE EASEMENT AGREEMENT
This DRAINAGE EASEMENT AGREEMENT (the "Agreement") is made as of the
day of April , 2012, by and between Vista Properties of Vero Beach , Inc. , ("Vista' having an
address of P. O. Box 651460, Vero Beach , FL 32965 , and Indian River County, ("County") a
political subdivision of the State of Florida , having an address of 1801 27"' Street, Vero Beach ,
FL 32960 .
WITNESSETH:
WHEREAS, Vista is the owner of that certain tract of land (the "Property") being more
particularly described in Exhibit "A' attached hereto as and incorporated herein ; and
WHEREAS , Vista and County desire to create a Drainage Easement Agreement for
stormwater management and the drainage/retention system over the Property, for the benefit of
each; and
WHEREAS , both Vista and County will be served by a drainage/retention system
designed and operated in accordance with District Permit No. _ (the "Permit*) issued by the St.
Johns River Water Management District; and
WHEREAS, Vista agrees to grant to County certain easements, rights, and privileges,
including an easement over and across a certain portion of the Property for the purpose of
dedicating said portion of the Property to a drainage/retention system ; and
NOW, THEREFORE, for and in consideration of the sum of Ten and No/100 ($ 10. 00)
Dollars and of the mutual covenants herein contained , and for other valuable and good
consideration , the receipt and sufficiency of which are hereby acknowledged, Vista and County
hereby agree as follows:
1 . Vista hereby bargains, sells, grants and conveys to County, and its successors and
assigns, for the benefit of and as an appurtenance to the Property a perpetual, non-exclusive
right, privilege and easement upon, over, in and across that certain portion of the Property as
depicted on the approved plans for the Permit for the purposes of accumulation , drainage,
tLK, Bxi- Tuk GII_ s ; : K
discharge , flowage and passage of water and stormwater as is or may from time to time occur
or be generated from the Property, and for the purposes of constructing , installing , servicing ,
operating , maintaining , inspecting , repairing , replacing , connecting or renewing the
drainage/detention system .
2. Vista shall be liable for the maintenance , repair and replacement of the entire
stormwater management easement area and all stormwater management facilities designed
and operated under this Permit. Maintenance of the surface water or stormwater management
system (s) shall mean the exercise of practices which allow the systems to provide drainage,
water storage, conveyance or other surface water or stormwater management capabilities as
permitted by the St. Johns River Water Management District. Any repair or reconstruction of the
surface water or stormwater management system shall be as permitted , or if modified as
approved by the St. Johns River Water Management District.
4. " Drainage/Retention" and °Surface Water or Stormwater Management System"
shall mean a system which is designed and constructed or implemented to control discharges
which are necessitated by rainfall events, incorporating methods to collect, convey, store,
absorb , inhibit, treat, use or reuse water to prevent or reduce flooding , overdrainage,
environmental degradation, and water pollution or otherwise affect the quantity and quality of
discharges from the system, as permitted pursuant to Chapters 4064, 40G40, or 40C42,
F .A. C .
5. This Drainage Easement Agreement and the easements, restrictions, rights,
obligations, and liabilities created hereby, shall be perpetual , shall be appurtenant to and run
with title to the land affected hereby, and shall be binding upon and inure to the benefit of the
parties hereto and the respective heirs, successors and assigns, including , but without
limitation , all subsequent owners of the property described herein and all persons claiming
under them .
managing and containing the flow of excess surface water, if any , found upon a time to
' to
ti e. Each lot owner, including builders, shall be responsible for the m ance, operation
d repair of the swales on the lot. Maintenance, operation and shall mean the exercise
f practices, such as mowing and erosion repair, which the swales to provide drainage,
water storage, conveyance or other stormwater ement capabilities as permitted by the St.
Johns River Water Management District g , excavation, construction of fences or otherwise
obstructing the surface water fl " the swales is prohibited . No alteration of the Drainage
le shall be authoriz any damage to any Drainage Swale, whether caused by natural
o anmade mena , shall be repaired and the Drainage Swale returned to its former
conditi soon as possible by the Owner(s) of the Lot(s) upon which the Drainage Swale is
7. The St Johns River Water Management District shall have the right to enforce,
by a proceeding at law or in equity, the provisions contained in the Deed Restrictions, which
relate to the maintenance, operation and repair of the surface water or stormwater management
system.
& No modification or alteration shall be made to the stormwater management
easement area or the stormwater management facilities without the prior written approval of the
St. Johns River Water Management District.
tLK, Bxi- Tuk GII_ s ; : K
discharge , flowage and passage of water and stormwater as is or may from time to time occur
or be generated from the Property, and for the purposes of constructing , installing , servicing ,
operating , maintaining , inspecting , repairing , replacing , connecting or renewing the
drainage/detention system .
2. Vista shall be liable for the maintenance , repair and replacement of the entire
stormwater management easement area and all stormwater management facilities designed
and operated under this Permit. Maintenance of the surface water or stormwater management
system (s) shall mean the exercise of practices which allow the systems to provide drainage,
water storage, conveyance or other surface water or stormwater management capabilities as
permitted by the St. Johns River Water Management District. Any repair or reconstruction of the
surface water or stormwater management system shall be as permitted , or if modified as
approved by the St. Johns River Water Management District.
4. " Drainage/Retention" and °Surface Water or Stormwater Management System"
shall mean a system which is designed and constructed or implemented to control discharges
which are necessitated by rainfall events, incorporating methods to collect, convey, store,
absorb , inhibit, treat, use or reuse water to prevent or reduce flooding , overdrainage,
environmental degradation, and water pollution or otherwise affect the quantity and quality of
discharges from the system, as permitted pursuant to Chapters 4064, 40G40, or 40C42,
F .A. C .
5. This Drainage Easement Agreement and the easements, restrictions, rights,
obligations, and liabilities created hereby, shall be perpetual , shall be appurtenant to and run
with title to the land affected hereby, and shall be binding upon and inure to the benefit of the
parties hereto and the respective heirs, successors and assigns, including , but without
limitation , all subsequent owners of the property described herein and all persons claiming
under them .
managing and containing the flow of excess surface water, if any , found upon a time to
' to
ti e. Each lot owner, including builders, shall be responsible for the m ance, operation
d repair of the swales on the lot. Maintenance, operation and shall mean the exercise
f practices, such as mowing and erosion repair, which the swales to provide drainage,
water storage, conveyance or other stormwater ement capabilities as permitted by the St.
Johns River Water Management District g , excavation, construction of fences or otherwise
obstructing the surface water fl " the swales is prohibited . No alteration of the Drainage
le shall be authoriz any damage to any Drainage Swale, whether caused by natural
o anmade mena , shall be repaired and the Drainage Swale returned to its former
conditi soon as possible by the Owner(s) of the Lot(s) upon which the Drainage Swale is
7. The St Johns River Water Management District shall have the right to enforce,
by a proceeding at law or in equity, the provisions contained in the Deed Restrictions, which
relate to the maintenance, operation and repair of the surface water or stormwater management
system.
& No modification or alteration shall be made to the stormwater management
easement area or the stormwater management facilities without the prior written approval of the
St. Johns River Water Management District.
t IrAI f u r
Ci- F; TIrIAT10N rev L, f G
1 , 1' . BAR '1 1� .. !
IN WITNESS WHEREOF, the undersigned have executed and delivered this Drainage
Easement Agreement under seal as of the day and year first above written .
Signed , sealed and delivered VISTA PROPERTIES OF VERO BEACH ,
in our presence as witnesses : INC.
Signatur4 � � V , C:
Printed Na 1lol
. v �` � J n Kurtz, Pr i e
Signat
Pri I me: 12i /
STATE OF FLQQ4DA
COUNTY OF IAN
The foregoing instrument was acknowledged before me this 1 day of 20W, by
John C . Kurtz, President of Vista Properties of Vero Beach , Inc. , who did not take an oath.
Personally known OR produced identification Identification produced
r
MERYL R. LEVINE Notary Public tate of Florida
MY COMMISSION Y U148" at Large .
My Commission E pires:
INDIAN RIVER COUNTY BOARD OF
Attest: J . K. Barton, Clerk of Court COUNTY COMMISSIONERS
By: By:
Gary Wheeler, Chairman
Approved :
Approved as to form;and sufficiency: A proved :
. / �-•�
William K A aal , Deputy County Attorney osep A. Baird , County Administrator
t IrAI f u r
Ci- F; TIrIAT10N rev L, f G
1 , 1' . BAR '1 1� .. !
IN WITNESS WHEREOF, the undersigned have executed and delivered this Drainage
Easement Agreement under seal as of the day and year first above written .
Signed , sealed and delivered VISTA PROPERTIES OF VERO BEACH ,
in our presence as witnesses : INC.
Signatur4 � � V , C:
Printed Na 1lol
. v �` � J n Kurtz, Pr i e
Signat
Pri I me: 12i /
STATE OF FLQQ4DA
COUNTY OF IAN
The foregoing instrument was acknowledged before me this 1 day of 20W, by
John C . Kurtz, President of Vista Properties of Vero Beach , Inc. , who did not take an oath.
Personally known OR produced identification Identification produced
r
MERYL R. LEVINE Notary Public tate of Florida
MY COMMISSION Y U148" at Large .
My Commission E pires:
INDIAN RIVER COUNTY BOARD OF
Attest: J . K. Barton, Clerk of Court COUNTY COMMISSIONERS
By: By:
Gary Wheeler, Chairman
Approved :
Approved as to form;and sufficiency: A proved :
. / �-•�
William K A aal , Deputy County Attorney osep A. Baird , County Administrator
tai cafe
CEiRTIFICATION ON i_ ,jsT F�A (j �
I JK
EXHIBIT " A "
LEGAL DESCRIPTION: PARCEL 806
A PORTION OF TRACT _ 2, INDIAN RIVER FARMS CO. PLAT OF LANDS, ACCORDING TO THE
PLAT THEREOF, AS RECORDED IN P1JlT BOOK 2; PAGE 259 AS RECORDED IN THE PUBLIC
RECORDS OF SAINT LUCIE : - COUNTY, FLORIDA, LYING WITI4IN INDIAN RIVER COUNTY,
FLORIDA, SECTION 6, TOWNSI{IP 33 - -S00TH,. RANGE 39 EAST AND WITHIN A . STRIP OF
LAND 20 FEET 1N WIDTH, THE- CENTERLINE OF SAID STRIP BEING MORE PARTICULARLY-
DESCRIBED
ARTICULARLYDESCRIBED AS FOLLOWS:
COMMENCE AT THE NORTHEAST CORNER OF SAID SEETIOwN 6; THENCE ALONG THE NORTH
LINE OF SAID SECTION. 6; NORTH 89045' 17' WEST, A DISTANCE OF 2389 .45 FEET;
THENCE SOUTH 000 .14' WEST, A DISTANCE OF 50.00 FEET TO A POINT . ON THE SOUTH
UNE OF THE 60 FO43'OT .SUB . LATERAL ''A-3" CANAL . AS. SHOWN ONF SAID PLAT AND TO
THE POINT OF 6,RANNING OF HEREIN DESCRIBED STRIP- OF LAND; THENCE SOUTH
OY1 _3'25 ' EAST. A DISTANCE OF 93: 14 FEET TO THE POINT OF TERMINATION OF SAID
CENTERUNE .
THE . SIDELINES OF THE HEREIN DESCRIBED EASEMENT ARE TO BE LENGTHENED OR
SHORTENED. SO AS TO. TE MINATE m AT THE SOUTH RIGHT=OF-WAY LINE OF SAID
SUB—LATERAL 'A-3" CANAL
SUBJECT TO EASEMENTS. RESTIIIGTIO INS AND RIGHTS-OF—WAY OF RECORD.
BEARINGS. SHOWN HEREON ARE BASED ON THE NORTH LINE OF SAID SECTION 6. SAID
LINE REARING NORTH BV4- ' 10 WEST AND ALL OTHER BEARINGS BEING RELATIVE
THERETO.
.CERTIF'��ATION:
THIS SKETCH ANR. Q ww PTiON. ARE: i�OT VALID- WITH011T THE SiGNA�[I1RE AND ORIGINAL RAISED SEAL
OF A FLORIDA UC SURVEYOR AND MAPPER.
-: -. :.
`1VOitE: THIS IS NOT A SKETCH OF SURLY, -@UT ONLY A. GRl1PH.[C
L IeTio> OF THE DWRIPTION SHOWN HEREQN.,- 7HFRE.- HAS SEEN
NO FlEI.DIMD, - �QNyG. . OF tl� � PROPERY; II4NUMEMS i
W1LQ. . D
Er tN . - THE - P . ARATIQN QF IWOI�WTIONT
PRO ES
F.. . D SURVE'YQR . & MAPPER : SFRDWtJ ESI.
LICENSE NO. 4190,- STATE OP _FLORIDA
NOM-6 EANDS SHOWN HtWON.- WERE NOT -ABSiRNCIED FOR PJMRICMN% :
DATEI 10- 11 -11 RtGHiS- QF—WAY AND- MRBiIM OF REDORD.
1MW 1fJD NIL
� .
ARCADIS = �
ARCAflI$ U.S.. C. DRANSE f. _ PAFM 805 pow MAM aw a Mas
R aouwr. r D 7a ei) W.7w F upmWm INDIAN RMR FARMS- CO: PLAT OF LANDS : wppolw. 1053SD805
� t - . eon ski I OF 2
tai cafe
CEiRTIFICATION ON i_ ,jsT F�A (j �
I JK
EXHIBIT " A "
LEGAL DESCRIPTION: PARCEL 806
A PORTION OF TRACT _ 2, INDIAN RIVER FARMS CO. PLAT OF LANDS, ACCORDING TO THE
PLAT THEREOF, AS RECORDED IN P1JlT BOOK 2; PAGE 259 AS RECORDED IN THE PUBLIC
RECORDS OF SAINT LUCIE : - COUNTY, FLORIDA, LYING WITI4IN INDIAN RIVER COUNTY,
FLORIDA, SECTION 6, TOWNSI{IP 33 - -S00TH,. RANGE 39 EAST AND WITHIN A . STRIP OF
LAND 20 FEET 1N WIDTH, THE- CENTERLINE OF SAID STRIP BEING MORE PARTICULARLY-
DESCRIBED
ARTICULARLYDESCRIBED AS FOLLOWS:
COMMENCE AT THE NORTHEAST CORNER OF SAID SEETIOwN 6; THENCE ALONG THE NORTH
LINE OF SAID SECTION. 6; NORTH 89045' 17' WEST, A DISTANCE OF 2389 .45 FEET;
THENCE SOUTH 000 .14' WEST, A DISTANCE OF 50.00 FEET TO A POINT . ON THE SOUTH
UNE OF THE 60 FO43'OT .SUB . LATERAL ''A-3" CANAL . AS. SHOWN ONF SAID PLAT AND TO
THE POINT OF 6,RANNING OF HEREIN DESCRIBED STRIP- OF LAND; THENCE SOUTH
OY1 _3'25 ' EAST. A DISTANCE OF 93: 14 FEET TO THE POINT OF TERMINATION OF SAID
CENTERUNE .
THE . SIDELINES OF THE HEREIN DESCRIBED EASEMENT ARE TO BE LENGTHENED OR
SHORTENED. SO AS TO. TE MINATE m AT THE SOUTH RIGHT=OF-WAY LINE OF SAID
SUB—LATERAL 'A-3" CANAL
SUBJECT TO EASEMENTS. RESTIIIGTIO INS AND RIGHTS-OF—WAY OF RECORD.
BEARINGS. SHOWN HEREON ARE BASED ON THE NORTH LINE OF SAID SECTION 6. SAID
LINE REARING NORTH BV4- ' 10 WEST AND ALL OTHER BEARINGS BEING RELATIVE
THERETO.
.CERTIF'��ATION:
THIS SKETCH ANR. Q ww PTiON. ARE: i�OT VALID- WITH011T THE SiGNA�[I1RE AND ORIGINAL RAISED SEAL
OF A FLORIDA UC SURVEYOR AND MAPPER.
-: -. :.
`1VOitE: THIS IS NOT A SKETCH OF SURLY, -@UT ONLY A. GRl1PH.[C
L IeTio> OF THE DWRIPTION SHOWN HEREQN.,- 7HFRE.- HAS SEEN
NO FlEI.DIMD, - �QNyG. . OF tl� � PROPERY; II4NUMEMS i
W1LQ. . D
Er tN . - THE - P . ARATIQN QF IWOI�WTIONT
PRO ES
F.. . D SURVE'YQR . & MAPPER : SFRDWtJ ESI.
LICENSE NO. 4190,- STATE OP _FLORIDA
NOM-6 EANDS SHOWN HtWON.- WERE NOT -ABSiRNCIED FOR PJMRICMN% :
DATEI 10- 11 -11 RtGHiS- QF—WAY AND- MRBiIM OF REDORD.
1MW 1fJD NIL
� .
ARCADIS = �
ARCAflI$ U.S.. C. DRANSE f. _ PAFM 805 pow MAM aw a Mas
R aouwr. r D 7a ei) W.7w F upmWm INDIAN RMR FARMS- CO: PLAT OF LANDS : wppolw. 1053SD805
� t - . eon ski I OF 2
Owl w mis 0.s, r`Millie e
i »' o : 'm � I 80'
1
60
I r
x m ' :.%
:z ►v
Z one
1,11,11119 23 �„
IIIIIIIIIPP
ION
iiiiit
30,00' 't
Q. ;O � ;
9Tr,£ LTOS . co SD14'43"W
-o
mg
Ippr
te
Lq
Ll it I
m SIR
N �: C7: ' T --� � . .
pi 91
I50
m � .
ww ** 30
m owl
. o
Do
I pill
%
` .-�-.oti• ; ; i. . • eR i•
Sill fa
.ai, • .LCr _=p
OF
tNri o 'm
n
. •
mph
OP
CP l
pb-
+ V < c
o� m �emm a vz
m Zp TZT
w 1
1111111,Am
'�13i ° Q •oilits , ♦
. .. ��.•+y. .• . . ..:.... T Z p v
°q ' I . a;• po.It y�� ,D dim Zoil b
m in O cn
d p�o Mon n
. O . • '�
Owl w mis 0.s, r`Millie e
i »' o : 'm � I 80'
1
60
I r
x m ' :.%
:z ►v
Z one
1,11,11119 23 �„
IIIIIIIIIPP
ION
iiiiit
30,00' 't
Q. ;O � ;
9Tr,£ LTOS . co SD14'43"W
-o
mg
Ippr
te
Lq
Ll it I
m SIR
N �: C7: ' T --� � . .
pi 91
I50
m � .
ww ** 30
m owl
. o
Do
I pill
%
` .-�-.oti• ; ; i. . • eR i•
Sill fa
.ai, • .LCr _=p
OF
tNri o 'm
n
. •
mph
OP
CP l
pb-
+ V < c
o� m �emm a vz
m Zp TZT
w 1
1111111,Am
'�13i ° Q •oilits , ♦
. .. ��.•+y. .• . . ..:.... T Z p v
°q ' I . a;• po.It y�� ,D dim Zoil b
m in O cn
d p�o Mon n
. O . • '�
A TRUE C0PY � - ► q -A � a
J , K0 O .ARTONI , CLERK 4 6'
AGREEMENT ;kc > i a 1 Iq
THLS AGREEMENT is entered into as of the _ day of April, 2012, by and between
Indian River County, a political subdivision of the State of Florida, whose address is 1801 27h
Street, Vero Beach, FL 32960 ("County") and Vista Properties of Vero Beach, Inc., a Florida
corporation, whose address is 100 Vista Royale Boulevard, Vero Beach, FL 32962 ("Vista
Properties").
WHEREAS, on or about May 21 , 2009, Vista. Properties executed and delivered to
County (a) an Easement Deed for drainage purposes along and beneath certain real property
described therein, which deed is recorded at OR Book 2344, Page 479 ("Easement Deed"), and
(b) a Statutory Warranty Deed transferring certain real property described therein, which deed is
recorded at OR Book 2344, Page 476 ("Warranty Deed'), all references to the Public Records of
Indian River County, Florida; and
WHEREAS, the parties have subsequently determined that the Easement Deed and the
Warranty Deed did not achieve in full their intended purposes of transferring to County (a) all
rights necessary to use the Vista Plantation lake system for stormwater drainage and retention
purposes related to County's 6& Avenue expansion project ("66'b Avenue Expansion Project',
and (b) ownership of the parcel and other rights described in the Warranty Deed; and
WHEREAS, as a result of the shortcomings of the Easement Deed and the Warranty
Deed, County has been required to purchase additional easement and ownership rights from
Vista Plantation Association, Inc., a Florida. corporation ("Association"); and
WHEREAS, to mitigate County' s expense in purchasing additional easement and
ownership rights from Association, Vista. Properties has agreed to transfer to County additional
real property to be used for the 66d' Avenue Expansion Project, and an additional easement
relating to the existing outfall structure and related facilities from the Vista Plantation lake
system to the canal on the south side of 2601 Street, in accordance with the terms of this
Agreement.
NOW, THEREFORE, in consideration of the mutual undertakings set forth herein, and
other good and valuable consideration, the receipt and adequacy of & which is hereby
acknowledged, the parties agree, as follows.
1. Recitals. The above recitals are true and correct and are incorporated herein.
2. Transfer of Property to County. Vista Properties will transfer to County at
closing the real property described on Exhibit A attached hereto, containing approximately .0288
acres, together with all easements, rights and uses now or hereafter belonging thereto
("Property"). Vista Properties shall convey marketable title to the Property by statutory warranty
deed, free of claims, liens, easements and encumbrances of record or known to Vista Properties,
but subject to property taxes for 2012. County may order an ownership and encumbrance report
F.� ., .�,.. ,.-.• ►� Page I of
VV