HomeMy WebLinkAbout2017-001 CANCELLATION OF AGREEMENT
FOR RESERVATION OF ROAD RIGHT-OF-WAY
THIS AGREEMENT for Cancellation of Agreement for Reservation of Road Right-of-Way
made and entered into this 1 0th day of January, 2017 by and between Indian River County, a
political subdivision of the State of Florida herein after "COUNTY", whose address is 1801 27th
Street, Vero Beach, FL 32960 and United Irrigation, Inc., a Florida corporation, hereinafter
"United" whose address is 686 3rd Place, Vero Beach, FL 32962.
WHEREAS, UNITED is the owner of a certain parcel of property located in Indian River
County at the southwest corner of U.S. Highway 1 and 11th Street with an address of 825 11th
Street, Vero Beach, FL and depicted in the aerial photo described in Exhibit "A" attached; and
WHEREAS, the COUNTY and UNITED entered into an Agreement for Reservation of
Road Right-of-Way ("Agreement") dated March 22, 1988 recorded in the Public Records of
Indian River County at OR Book 795, Page 302, attached hereto as Exhibit "B"; and
WHEREAS, the parties entered into that Agreement in order for UNITED to obtain site
plan approval; and
WHEREAS, the parties no longer desire to be bound by the terms and the conditions of
that Agreement; and
NOW, THEREFORE, in consideration of the benefits accruing to the parties and other
good and valuable consideration, the sufficiency of which is hereby acknowledged, the parties
agree as follows:
1. The Agreement for Reservation of Road Right-of-Way dated March 22, 1988 and
recorded at OR Book 795, Page 302 is hereby cancelled and is of no further effect on the
parties.
3120170001871
RECORDED IN THE PUBLIC RECORDS OF
JEFFREY R SMITH, CLERK OF COURT
1 INDIAN RIVER COUNTY FL
BK 2994 PG: 365 Page 1 of 8 1/12/2017 9:24 AM
2. The reservation in the real property described in the attached Exhibit "B" is hereby
cancelled and no longer encumbers the real property.
3. The conditions, restrictions and all other terms in the Agreement that were declared to be
and constituted covenants running with the land in said Agreement, in the property
described in Exhibit "B" are hereby abolished and of no further force and effect.
IN WITNESS WHEREOF, the parties have caused this agreement to be signed the day and
year first written above.
UNITED IRRIGATION, INC. INDIAN RIVER COUNTY BOARD
OF COUNTY COMMISSIONERS
kQ Bye �- ��-�-� By: ....
Kelly K. Hi rs, PreildentJoseph E. Flescher, Chairman J�,�cy.••• �*****9s�
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Sig `, ' Date approved: January, 10, 20 7
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Witness: (print) €�� \-\C kj+"l N.A. \co: ,‘ ,s% �
`r/ Attest: °•�yER.........
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� Jeffrey R. Smith, Clerk & Comptroller
WitnIsS` (print) ,'(NrL / 7c( &' /i€. ((
By ic/ '/
De rt raj erk
Approve..
By .
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Jas. Brown
Cou A dministrator
Approved as to form and legal
Sufficiency:
William K. DeBraal
Deputy County Attorney
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AGREEMENT FOR
RESERVATION OF ROAD RIGHT-OF-WAY I
THIS AGREEMENT, made and entered into this 22nd •
day of March , 1988, by and between Indian RTver
County, a politicasubdivision of the State of Florida
(hereafter Grantee) , and United Irrigation, Inc-
a Florida corporation, its successors, and assigns
(hereafter "Grantor") ;
WHEREAS, Grantor is the owner of certain property
within Indian River County located on land more particularly
described in Exhibit "A", attached hereto and incorporated !
herein; and t
WHEREAS, Grantor wishes to further develop said
property In accordance with a site plan requiring Indian i
River County approval ; and 1
i
WHEREAS, as a condition of the site plan approval, i
Indian River County desires certain assurances regarding the
. reservation of a portAon of the aforementioned property. E
more particularly desct`ibed in Exhibit "B", attached hereto
I and incorporated herein, for future right-of-way purposes; f
1 and {
1
i WHEREAS, Grantor recognizes that the County will :
purchase said property as described in Exhibit "B" when such I
acquisition becomes necessary for roadway expansion or
improvements incidental to roadway expansion; and
WHEREAS, Grantor, desiring that this Reservation
of Right-Of-Way resolve certain questions pertaining to said
. property, is willing to co:rmit to the covenants, conditions,
• and terms further described herein; •
•
NON, THEREFORE, for and in consideration of the
benefits accruing to Grantor's property from site plan
approval and other good and valuable consideration, the ;
sufficiency of which are hereby acknowledged, and in an
effort to accomplish the above-stated objectives, Grantor _
expressly represents and agrees on behalf of itself, its '
successors, its legal representatives and assigns, as
follows: _•
,-. 1 . Grantor will not construct or cause to be
• �',$ constructed, built or placed upon the reserved parcel of
I L i land described herein as Exhibit "B", any improvement which
c: � C would increase the value of said parcel or of the remaining •
F ;: ,'- o o property described in Exhibit "A" herein or any site-related
c. : improvement which is required by law to serve the principle
4 r y E :" ="1 use on the property except as shown on Site Plan No.
3 :� c, AA-87-05-75 as it may be approved in the future. All
;""r' -s future structures shall be set back from the reserved parcel
in conformance with setbacks established in the zoning code
• r. `?i ;c. as if the reserved parcel were part of the right-of-way. 1
'- -
» _ 2. Grantor acknowledges and agrees with Indian
_ River County that the purpose of this agreement is to
prevent improvements or encroachments into the property .i
i \J reserved for future right-of-way, and Grantor further agrees
; to forego and waive any and all damages or compensation for
•
the value of any intentional or incidental improvements
which are made to the reserved property, except as described
herein. .
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0.R. 795 PG 0302
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3. Indian River County recognizes that Grantor
may continue to make such use of the reserved property as
will not cause an increase in the value of the reserved
property or of the remaining site, until such time as the
County acquires the reserved property for right-of-way 1
improvements.
4. Indian River County reserves the right to
purchase the entire parcel described in Exhibit ^B" and not
a part thereof, with the purchase price to be the negotiated
1 fair market value at the time of purchase.
i
I5. Grantor agrees and understands that when
Grantee does acquire the property, Grantor will convey
title by quitclaim deed to Grantee and Grantee will be Ft
{± responsible for title searches and insurance.
! 6. The conditions, restrictions and all other j
terms in this document are hereby declared to be and j
I constitute covenants running to and for the benefit of every
purchaser of any property described in Exhibit "A", and such ;
I covenants shall run with the land and be binding on the
undersigned owners, and all future owners and their heirs
E and assigns of any interest In any part of said property. s
1 IN WITNESS WHEREOF, the Grantor has caused this t
Agreement to be executed this 22nd day of March . 1988
by the below authorized representatives. y
i
UNITED IRRIGATION, I
a Florida Corporation `-
•
-_ , ......-4,G! /i4
aMUMMO By � i
%%l
" tness Bobby/i! Niers
F.W. :.• r Title
prvairlvnr
Grantor
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synn Wampleer�"_Qf - .
(Seal) •
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BOARD OF COUNTY CO'.MI SS I ONERS •
INDIAN RIVER COUNTY, FLORIDA
ATTE T• eel
\--�tt�l�_W r By - ��„
C!e `► o er at p ""ycy8r
V• / . nity Devel ent(v/
��� Department
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3- S-7
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- 0.R. 795 P6 0303
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Page 3 of 5
STATE OF FLORIDA )
) ss.
COUNTY OF INDIAN RIVER ) I
I HEREBY CERTIFY that on this day, before me, an
officer duly authorized in the State aforesaid and in the
County aforesaid to take acknowledgments, personally
appeared Bobby 3. Niers to me known to be the
Pres:dent of United Irriyefion. Inc.
and that he acknowledged executing the same in the presence
of two subscribing witnesses freely and voluntarily under I
authority duly vested in him by said corporation. I
WITNESS my hand and official seal in the County •
and State last aforesaid this 22nd day of t rrh 1
1988. t
otafy Pub c
. Myyk ,04 Pd1 WorAP I r e s t CCJJ �: '' _
• -(Gn.:..:p11 F. ".a 1 it 19'7 ). � 1
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STATE OF FLORIDA )
) ss.
COUNTY OF INDIAN RIVER )
i ow
I HEREBY CERTIFY that on this day, before me, an
officer duly authorized in the State aforesaid and in the •
County aforesaid to take acknowledgments, perscnaily
appeared ROBERT M. KEATING to me known to be the person
described in and who executed the foregoing instrument as
designee of the Board of County Commissioners of Indian
River County, Florida, and acknowledged to and before me
that he executed the same as the act and deed of such
• County.
WITNESS my hand and official seal in the County
j and State last aforesaid this 9.4 " day of ems. - ,
1988.
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Nota y C-u40q1 - .
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i My Commission Expires: .
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• Lary public.State d Florida it Urge ..
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