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HomeMy WebLinkAbout2017-209i I 1 TCE — 66th Avenue Rbadway Widening - Project #1505 PID #32-39-06-00001-0160-00001.0 Project Parcel #315 — Franklin J. Tate & Donna L. Tate Prepared by and return to: IRC -PW -mf 1801 271h Street, Vero Beach, FL 32960-3388 TEMPORARY CONSTRUCTION EASEMENT This TEMPORARY CONSTRUCTION EASEMENT, made and executed this j2tliday of December , 2017, by Franklin J. Tate and Donna L. Tate whose address is 6780 69th Street, Vero' Beach, FL 32967 hereinafter called GRANTOR to Indian River County, a political subdivision of the State of Florida, whose address is 1801 27th Street, Vero Beach, Florida 32960-3388, hereinafter called GRANTEE, WITNESSETH: That GRANTOR, for and in consideration of the sum of ONE DOLLAR and other consideration, receipt of which is hereby acknowledged, does hereby grant unto the GRANTEE � a" TEMPORARY CONSTRUCTION EASEMENT on, over, across, and beneath the following described land, situate in Indian River County, Florida, to -wit: EXHIBIT "C" ATTACHED HERETO AND MADE A PART HEREOF This easement is for the purpose of all construction incidentals, such as; grading, sloping, sodding, clearing, excavating, dredging, etc. This easement shall exist only until the completion of the construction work for the 66th Avenue Project No. 1505. IN WITNESS WHEREOF the GRANTOR has herein set its hand and seal the day and year first above written. Signed, sealed, and delivered in the presence of: Witness Sig nature-�\]� Grantor Signature Printed Name:.-a��� z Q Printed Name: anklin J. Ta Witness Signature Grantor Signature Printed Name: ��� Q a�Sh QW Printed Name: Donna L. Tate STATE OF FLORIDA} COUNTY OF INDIAN RIVER} ! The foregging instrumet was acknowledged before me this�_ da of I�poen��'� , he/she/the are ersonally kno to me or produced driver's license as identification. i Sign: Notary Public Printed name & Commission # KMENMINK&SEY App rov d s to orm an Le Sufficiency: * * MY COMM.IS910N # FF 9¢6947 EXPIRES: January 9; 2020 BaMedThWudpetNoNerySarvkd M1. ounty Attor ey Slretcfi and Legs/Description For INDIAN RIVER COUNTY EXHIBIT "C" Legal Description (Temporary Construction Easement) Being the North 10.00 feet of the South 110.00 feet of the following described parcel as recorded in Official Records Book 2119, Page 1893, of the Public Records of Indian River County, Florida. The West 10 Acres of Tract 16, less the North 661 feet, Section 6, Township 32 South, Range 39 East, According to the Last General Plat of Lands of the Indian River Farms Company filed in the Office of the Clerk of the Circuit Court of St. Lucie 7 County, Florida, in Plat Book 2, Page 25; Subject to an Easement of Ingress and Egress over the East 20 feet of that part of Y said West 10 acres of Tract 16, Lying South of the North 661 feet thereof and North of North Winter Beach Road (69th street); W all now lying and being in Section 6, Township 32 South, Range 39 East, Indian River County, Florida I n Containing 3,292 Square Feet, more or less Surveyor's Notes 1). This Sketch and Legal Description was prepared with the benefit of a Right of Way Map prepared by Kimley Hom for Indian River County, Job No. 1505, Dated July 25, 2017. Together with the Last General Plat of the Lands of the Indian River Farms Company Subdivision, Recorded in Plat Book 2, Page 25, Public Rl ecords of St. Lucie (now Indian River County), Florida. 2).This legal description shall not be valid unless: (a) Provided in its entirety consisting of 2 sheets , with sheet 2 showing the sketch of the description. (b) Reproductions of the description and sketch are not valid unless signed and sealed with an embossed surveyor's seal. Legend and Abbreviations Certification C.R. = COUNTY ROAD (NOT VALID WITHOUT THE SIGNATURE AND ORIGINAL I.R.F.W C D = INDIAN RIVER FARMS RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER) AGENCY: SND/AN RIVER COUNTY, FL P118L/C WORKS DEPT./ENG/NEER/NG DIV. 17 101311UKAWN BY: R. /NGLETT E: APPROVED BY: N/A ASIL ON T: OB NO: > OF 2 1505 Sketch and Legs/Description fora Parce/ 315 INDIAN RIVER COUNTY (6780 69th STREET) of (n 5 0 u ial WATER CONTROL DISTRICT L =LENGTH OF ARC I HEREBY CERTIFY THAT THE SKETCH AND LEGAL DESCRIPTION OF THE PROPERTY LLC = LIMITED LIABILITY COMPANY SHOWN AND DESCRIBED HEREON WAS COMPLETED UNDER MY DIRECTION AND SAID O.R.B. = OFFICIAL RECORD BOOK SKETCH AND LEGAL IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE AND (P) = PLAT BELIEF. P.B. = PLAT BOOK PGE = PAGE I FURTHER CERTIFY THAT THIS SKETCH AND -DESCRIPTION MEETS THE STANDARDS OF' PBS =PLAT BOOK ST. LUCIE PRACTICE FOR SURVEYS SET FORTH BY THE FLORIDA PROFESSIONAL BOARD OF A SURVEYORS AND MAPPERS IN CHAPTER 5J-17.052 FLORIDA ADMINISTRATIVE CODE, SQ. FT. =DELTA ANGLE = SQUARE FEET PURSUANT TO SECTION 472.027 FLORIDA STATE ST R = RANGE 10-3/— 'Z0 % RNV = RIGHT-OF-WAY DATE OF SIGNATURE DAVID M. SILON T = TOWNSHIP PROFESSIONAL SURVEYOR AND MAPPER' PROVIDED IN ITS ENTIRETY CONSISTING OF 2 SHEETS WITH SHEET 2 BEING THE SKETCH OF DESCRIPTION This is not a Boundary Survey FLORIDA CERTIFICA T E NO. 6139 AGENCY: SND/AN RIVER COUNTY, FL P118L/C WORKS DEPT./ENG/NEER/NG DIV. 17 101311UKAWN BY: R. /NGLETT E: APPROVED BY: N/A ASIL ON T: OB NO: > OF 2 1505 Sketch and Legs/Description fora Parce/ 315 INDIAN RIVER COUNTY (6780 69th STREET) of (n 5 0 u ial Sketch and L ega/ Description for /ND/AN RIVER COUNTK LESS NORTH 661 FEET '9 N 1 ~ U INDIAN RIVER FARMS COMPANY M 32-39-06-00001-0150-00004.0 W Tract 16 32-39-06-00001-0160-00003.0 ALEXANDRA VAN DER REST z (PBS 2, PGE 25) LEONARDO AND MARIA MANDINA SITE ADDRESS: 6830 69th STREET D SITE ADDRESS: 6730 69th STREET a O.R.B. 2720, PG. 1060 I QI O.R.B. 1932, PG. 1875 c 32-39-06-00001-0160-00001.0 0 Q I� FRANKLIN AND DONNA TATE W SITE ADDRESS: 6780 69th STREET W z O.R.B. 2119, PG. 1893 I j J EAST 20' FOR ; INGRESS/EGRESS Eni EASEMENT Z _________WEST 10 ACRES -TRACT 16_________ N N 10' WIDE TEMPORARY °0 CONSTRUCTION O EASEMENT (3,292 Sq. Ft.t) rn NORTH 10' OF J L I THE SOUTH 110' a I I i rn MURPHY RESERVATION UNE v O_1 ^i ROPOSED is: PARCEL 315 ni 01 1 I NI 1 Non 69th STREET SOUTH LINE OF THE SOUTHEAST 1/4 SECTION 6 v NORTH WINTER EACH ROAD) AND SOUTH LINE TRACK 16 CC -1. R. F. W.C.U. NORTH LINE OF THE NORTHEAST 1 /4 SECTION 7 SUB LATERAL A-13 A CLz O N s 0 z Cr 32-39-07-00001-0010-00008.0 z STUART AND HELEN SHAFER 5 SITE ADDRESS: 6850 CARSONS TRAIL DRIVE z O.R.B. 1502, PG. 2395 NOT TO SCALE AGENCY: IND/AN P118L/C WORKS DATE: 10/31/17 SCALE: N/A SHEET: 2 OF 2 Legend and Abbreviations and Abbreviations 4 C.R. = COUNTY ROAD PBS = PLAT BOOK ST. LUCI I.R.F.W.C.D. = INDIAN RIVER FARMS A =DELTA ANGLE WATER CONTROL DISTRICT SQ. FT.= SQUARE FEET L = LENGTH OF ARC R = RANGE LLC = LIMITED LIABILITY COMPANY R/W = RIGHT-OF-WAY O.R.B. = OFFICIAL RECORD BOOK T = TOWNSHIP (P) = PLAT P.B. = PLAT BOOK DAY)%/lnPn IM ITC CI TIDO ---Tl-_ — o CLIC PGE = PAGE RIMER COUNTY, FL DEPT./ENG/NEER/NG MY. R. /NOLE7T This is not a Sketch and Lega/Description for. Parce/ 315 tUVILU UT: A9.SIL ON /ND/ANR/VER COUNTY 1 NO: (6780 69th STREET AGREEMENT TO PURCHASE AND SELL REAL ESTATE BETWEEN INDIAN RIVER COUNTY AND FRANKLIN J. TATE AND DONNA L. TATE THIS AGREEMENT TO PURCHASE AND SELL REAL ESTATE ("Agreement") is made and entered into as of the 12 day of December , 2017, by and between Indian River County, a political subdivision of the State of Florida ("the County"), and Franklin J. Tate and Donna L. Tate ("the Seller) who agree as follows: WHEREAS, Seller owns property located at 6780 69th Street, Vero Beach, FL, Vero Beach, Florida. A legal description of the property is attached to this agreement as Exhibit "A" and incorporated by reference herein; and WHEREAS, the County is scheduled to do road improvements on 66th Avenue between 49th Street and 81St Street in the future and the road expansion will impact the Seller's property; and WHEREAS, in order for the County to proceed with its road expansion plans, the County needs to purchase property to be used as right-of-way from landowners along and adjacent to 66th Avenue; and WHEREAS, the County contacted the Seller and offered to purchase right-of-way of approximately 23,100 square feet or 0.53 acres of property as depicted on Exhibit "B", and WHEREAS, the County also needs a 10 foot Temporary Construction Easement (TCE) from Seller as described on Exhibit "C" attached to facilitate the Project, and WHEREAS, the Parties agree this is an arm's length transaction between the Seller and the County, without the threat of eminent domain. NOW,:THEREFORE, in consideration of the mutual terms, conditions, promises, covenants and premises hereinafter, the COUNTY and SELLER agree as follows: 1. Recitals. The above recitals are affirmed as being true and correct and are incorporated herein. 2. Agreement to Purchase and Sell. The Seller hereby agrees to sell to the County, and the County hereby agrees to purchase from Seller, upon the terms and conditions set forth in this Agreement that certain parcel of real property located at 6780 69th Street, Vero Beach, FL and more specifically described in the legal description attached as Exhibit "B", fee simple, containing approximately 23,100 square feet, all improvements thereon, together with all easements, rights and uses now or hereafter belonging thereto (collectively, the "Property"). 2.1 Purchase Price, Effective Date. The purchase price ("Purchase Price") for the Property shall be $30,900.00 (Thirty Thousand and Nine Hundred 00/100 Dollars). The Purchase Price shall be paid on the Closing Date. The Effective Date of this Agreement shall be the date upon which the County shall have approved the execution of this Agreement, either by approval by the Indian River County Board of County Commissioners at a formal meeting of such Board or by the County Administrator pursuant to his delegated authority. 2.2 Remainder Parcel. The subject remainder parcel is estimated to contain approximately 187,770 square feet or 4.3106 acres, after the proposed taking, which is below the minimum lot size requirement for a residential ranchette in the A-1 zoning district. The subject property currently contains a conforming single family residence, thus continued use would be allowed. After the taking if the subject site were to become vacant, it would not have adequate site area. The Seller is requesting from Indian River County to have the subject remainder site area considered adequate in size for ranchette development, if reduced by the proposed right-of-way taking. The remainder parcel would be considered a legal non -conforming parcel as so long as the non -conformity is not increased, the parcel and house would be permitted to remain as such. 3. Title. Seller shall convey marketable title to the Property by warranty deed free of claims, liens, easements and encumbrances of record or known to Seller; but subject to property taxes for the year of Closing and covenants, restrictions and public utility easements of record provided (a) there exists at Closing no violation of any of the foregoing; and (b) none of the foregoing prevents County's intended use and development of the Property ("Permitted Exceptions"). 3.1 County may order an Ownership and Encumbrance Report or Title Insurance Commitment with respect to the Property. County shall within fifteen (15) days following the Effective Date of this Agreement deliver written notice to Seller of title defects. Title shall be deemed acceptable to County if (a) County fails to deliver notice of defects within the time specified, or (b) County delivers notice and Seller cures the defects within thirty (30) days from receipt of notice from County of title defects ("Curative Period"). Seller shall use best efforts to cure the defects within the Curative Period and if the title defects are not cured within the Curative Period, County shall have thirty (30) days from the end of the Curative Period to elect, by written notice to Seller, to: (i) to terminate this Agreement, whereupon shall be of no further force and effect, or (ii) extend the Curative Period for up to an additional 90 days; or (iii) accept title subject to existing defects and proceed to closing. 4. Representations of the Seller. 4.1 Seller is indefeasibly seized of marketable, fee simple title to the Property, and is the sole owner of and has good right, title, and authority to convey and transfer the Property which is the subject matter of this Agreement, free and clear of all liens and encumbrances. 2 4.2 From and after the Effective Date of this Agreement, Seller shall take no action which would impair or otherwise affect title to any portion of the Property, and shall record no documents in the Public Records which would affect title to the Property, without the prior written consent of the County. 4.3.1 There are no existing or pending special assessments affecting the Property, which are or may be assessed by any governmental authority, water or sewer authority, school district, drainage district or any other special taxing district. 5. Default. 5.1 In the event the County shall fail to perform any of its obligations hereunder, the Seller shall, at its sole option, be entitled to: (i) terminate this Agreement by written notice delivered to the County at or prior to the Closing Date and thereupon neither the Seller nor any other person or party shall have any claim for specific performance, damages, or otherwise against the County; or (ii) waive the County's default and proceed to Closing. 5.2 In the event the Seller shall fail to perform any of its obligations hereunder, the County shall, at its sole option, be entitled to: (i) terminate this Agreement by written notice delivered to the Seller at or prior to the Closing Date and thereupon neither the County nor any other person or party shall have any claim for specific performance, damages or otherwise against the Seller; or (ii) obtain specific performance of the terms and conditions hereof; or (iii) waive the Seller's default and proceed to Closing: 6. Closing. 6.1 The closing of the transaction contemplated herein ("Closing" and "Closing Date") shall take place within 45 days following the execution of the contract by the Chairman of the Board of County Commissioners. The parties agree that the Closing shall be as follows: (a) The Seller shall execute and deliver to the County a warranty deed conveying marketable title to the Property, free and clear of all liens and encumbrances and in the condition required by paragraph 3. (b) If Seller is obligated to discharge any encumbrances at or prior to Closing and fails to do so, County may use a portion of Purchase Price funds to satisfy the encumbrances. (c) If the Seller is a non-resident alien or foreign entity, Seller shall deliver to the County an affidavit, in a form acceptable to the County, certifying that the Seller and any interest holders are not subject to tax under the Foreign Investment and Real Property Tax Act of 1980. (d) The Seller and the County shall each deliver to the other such other documents or instruments as may reasonably be required to close this transaction. 6.2 Taxes. All taxes and special assessments which are a lien upon the property on or prior #o the Closing Date (except current taxes which are not yet due and payable) shall be paid by the Seller. 7. Personal Property. 7.1 The Seller shall have removed all of its personal property, equipment and trash from the Property. The Seller shall deliver possession of the Property to County vacant and in the same or better condition that existed at the Effective Date hereof. 7.2 Seller shall deliver at Closing all keys to locks and codes to access devices to County, if applicable. 8. Closing Costs; Expenses. County shall be responsible for preparation of all Closing documents. i 8.1 County shall pay the following expenses,at Closing: 8.1.1 The cost of recording the warranty deed and any release or satisfaction obtained by Seller pursuant to this Agreement. 8.1.2 Documentary Stamps required to be affixed to the warranty deed. i 8.1.3 All costs and premiums for the owner's marketability title insurance commitment and policy, if any. E 8.2 Seller shall pay the following expenses at or prior to Closing: 8.2.1 All costs necessary to cure title defect(s) or encumbrances, other than the Permitted Exceptions, and to satisfy or release of record all existing mortgages, liens or encumbrances upon the Property. 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. 9.2 Entire Agreement. This Agreement constitutes the entire agreement between the parties with respect to this transaction and supersedes all prior agreements, written or oral, between the Seller and the County relating to the subject matter hereof. Any modification or amendment to this Agreement shall be effective only if in writing and executed by each of the parties. 9.3 Assignment and Binding Effect. Neither County nor Seller may assign its rights and obligations under this Agreement without the prior written consent of the other party. The terms hereof shall be binding upon and shall inure to the benefit of the parties hereto and 4 their successors and assigns. i 9.4 Notices. Any notice shall be deemed duly served if personally served or if mailed by certified mail, return receipt requested, or if sent via "overnight" courier service or facsimile transmission, as follows: If to Seller: Franklin J. Tate & Donna L. Tate 6780 69th Street, Vero Beach, FL 32967 If to County: Indian River County 1801 27th Street Vero Beach, FL 32960 Attn: Land Acquisition/Monique Filipiak Either party may change the information above by giving written notice of such change as provided in this paragraph. 9.5 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. 9.6 Attorney's Fees and Costs. In any claim or controversy arising out of or relating to this Agreement, each party shall bear its own attorney's fees, costs, and expenses. 9.7 Counterparts. This Agreement may be executed in two or more counterparts, each one of which shall constitute an original. 9.8 County Approval Required: This Agreement is subject to approval by the Indian River County Board of County Commissioners as set forth in paragraph 2. 9.9 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. * "ijY Cp;�� e 6 INDIAN RIVER COUNTY, FLOR•'' •• 'ss�;9 BOARD OF COUNTY COMMI 16N-0-3— . ' rain J. rate _ Date Peter D. O'Bryan, Chairman court""''o�`°•° • 9 • • dTl; F�. P Approved by BCC per -ember 12, 2017 / Donna L. Tate Date ATTEST: Jeffrey R. Smith, Clerk of Court and Comptroller By: Deputy Clerk M�z Jason �. Brawn, County Administrator Approved as to F rm d Legal fficiency: XililiamDeBraal, eputy County Attorney Con EXHIBIT "A" The hest '10 Acres of Tract 16, 1the North 661 feet, Section 6, Township 32 South, Range 39 FAst, acc wding to the last general plat of lands of the Indian � River i=nns c3aar►y filed in the Office of the Clerk of the circuit court of St. i Lucia county. Florida, in Plait Book 2• Pa{1a 251 SUW= To an. easenent for ingress and agrees aver the [,est 20 feet of that part of said %wt 10 acres of Tract 16, ly1rxi South of the North 661 feet thereof and North of North Winter Beach goad (69th Street); all now lying and being in Section .6 Township 32 South, Range 39 East, Indian Rivas county, Florida. Commonly known as: 6780 69th Street, Vero Beach, FL 32967 Parcel ID Number: 32-39-06-00001-0160-00001.0 7 71 S+ 3 001-p ;u (J4 56o)— i.lu i7 �-u �D2{ ou vi Vj cm WC� 00 O Z -vg zFn ZV >Ncn m� �0> mN �-o<o � D Z � Z Z �0� 0 Fri O-UrriD A D ; _ Doe > >Z N> m 00 -� z a� v vii = 1 O 00 -X-I - < C Qa z 0U I m 00 D V) C7 v M m C7 n Cm �� zm, W z N w; D a z c In ;o0 ;� V) cuI � Orn � = Ci c m OuX n0i y p W c o L4 C E y D r Lu z O c� m �. o '< c z o C D m O O71 Z Ef) v m D C7 � O z -I -0 0 ;7 -v D rOrl O C�O�00 oD p D�D OHO o �fQT1Z�7i�1DI�Tl ��-- z momma' -=i• -I -I -A •=-1c��-0m� D D0m0 d zD r000 O=1tn%OIZTIz 'T m _q -n o o -1 C < mCa C-) *Z O ;�zK =mrzn in cvn Zz z -' m C) 0 m 0 C7Z D Z • -1 � 0 O Z D z z O N W 0 (A 0 c D m m O X 0 Ln W D C) X m cn m 0 m 0 X V) V) o a � ao•gyCo� any ? � ccribo tiny pO `3,�C IN 4 n g zl-1 -^ O C th p E y�sp gao GNED 1"-200' Kimley* Horn RAWN BY PCS © 7017 KINIEY-HORN AND AS90gA7F9, IN0. HEONED BY ECD 440 147H 57REET Bum 70% VERO BEACH, PL 32000 PHONe 777-794-.4100 rAx: 772-794-4130 WNWIXEY-HORN.COM CD I' W L' 0 I+ -u z 4> v o 22 n N � vD > m(/) (nO EAST LINE TRACT 15 nwD WEST LINE oo 4 TRACT 16 DOr 07 0 Ilmpw V) tTt p N O O m pO�mp>mg D zXZ --4r- ITTII DZrnIDl1DZWN 0 � _ '< c0 --I Wu y�T 8 -{ Ov �' V) N NZT1 r- RI'�7�07"0I-D0 f T-mll ITOI:'{ �ZV Dn C ITl (7 D O O �O "0 �-+-Dm o— DO ;u i�'�m czm 0 0 > �ci7 r mmA X -n 00 OmDN�Z� :i7� ZD-I'00D mo-Oi n'Orl O m" mo pm 00-iN-n Wlu O V5OnNm� �� 20K =Oyc ,n N� m :Ori g�W-I N;A-OIZzUZ v� z zQZm-v �O D � mmomo�CO t[) rrI mROm--q CF C-)0 c0--m.��-IOZN mmD-r1Cvn uZ WDnm-x-1 =1 n0 Iv-�- 00 00 ;u rri D�r'vmi--qm_..1 0W Z ZEn r z 0 m p v) �7 ODCQ� Z <�EnZnD(n � oMQ;u 2-u z0 cD�mZr�' W —00- P zpmw �N �D �Z5�O_ �O gm� W D n --I I' W L' 0 I+ -u z 4> v o 22 n N � vD > m(/) (nO EAST LINE TRACT 15 \ 1 nwD WEST LINE oo 4 TRACT 16 DOr 07 0 Ilmpw V) tTt p N O O m IL-1 cD O Q I O L7 0 n Cov - m L4 Cl o— \ 1 N O IWo� D;u DOr �V7 Ilmpw V) tTt �m I� m DATE 1/12/17 LEGAL DESCRIPTION AND SKETCH OF SHEET NUMBER PROJECT NO. PARCEL 315 1 OF 1 047035041 INDIAN RIVER COUNTY, FLORIDA m W W Dylan Reingold, County Attorney William K. DeBraal, Deputy County Attorney Kate Pingolt Cotner, Assistant County Attorney Oce of INDIAN MEMORANDUM RIVER COUNTY ATTORNEY TO: Terri Lister -Collins, Supervisor, Clerk to the Board FROM: William K. DeBraal, Deputy County Attorney DATE: September 5, 2018 RE: COUNTY PROPERTY ACQUIRED — ORIGINAL DOCUMENTS Attached for the County's records are original closing documents for purchase of the following County acquired lands for various purposes: 1. Land Purchase from Owner: Franklin J. and Donna L. Tate BCC Approved: December 12, 2017 1. Original Special Warranty Deed dated January 5, 2018 2. Original Owner's Policy of Title Insurance dated January 16, 2018 3. Copy of Settlement Statement 4. Copy of BBC agenda memo November 28, 2017 and Agreement to Purchase and Sale Real Estate between Indian River County and Franklin and Donna Tate Please take what documents you deem necessary and forward a certified copy with the documents you feel are not needed in your records to Raeanne Cone in Fixed Assets. Thank you. c: Raeanne Cone — Fixed Assets 3120180002418 ^` RECORDED IN THE PUBLIC RECORDS OF JEFFREY R SMITH, CLERK OF COURT INDIAN RIVER COUNTY FL BK: 3085 PG: 1386 Page 1 of 4 1/16/2018 8:25 AM D DOCTAX PD $216.30 This Instrument Prepared by and Return to: Jason Beal Atlantic Coastal Land Title Company, LLC 855 21st Street, Suite C Vero Beach, Florida 32960 Our File No.: 47083609 Property Appraisers Parcel Identification (Folio) Number: 32-39-06-00001-0160-00001/0 Florida Documentary Stamps in the amount of $216.30 have been paid hereon Space above this line for Recording Data WAI�NTY DEED THIS WARRANTY DEED, made the S day of January, 2018, by Franklin J. Tate and Donna L. Tate, husband and wife; and Franklin J. Tate, Jr., a married man, and Donna Michelle Tate, a married woman, whose post office address is 6780 69th Street, Vero Beach, Florida 32966, herein called the Grantors, to Indian River County, a Political Subdivision of the State of Florida, whose post office address is 1801 27th Street, Vero Beach, Florida 32960, hereinafter called the Grantee: (Wherever used herein the terms "Grantor" and "Grantee" include all the parties to this instrument and the heirs, legal representatives and assigns of individuals, and the successors and assigns of corporations) W I T N E S S E T H: That the Grantors, for and in consideration of the stun of Ten and 00/100 ($10.00) and other valuable considerations, receipt whereof is hereby acknowledged, hereby grants, bargains, sells, aliens, remises, releases, conveys and confirms unto the Grantee all that certain land situate in INDIAN RIVER County, State of Florida, viz.: RIGHT OF WAY PARCEL THE NORTH 70.00 FEET OF THE SOUTH 100 FEET OF THE FOLLOWING DESCRIBED PARCEL AS RECORDED IN OFFICIAL RECORDS BOOK 2119, PAGE 1893, PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA. THE WEST 10 ACRES OF TRACT 16, LESS THE NORTH 661 FEET, SECTION 6, TOWNSHIP 32 SOUTH, RANGE 39 EAST, ACCORDING TO THE LAST GENERAL PLAT OF LANDS OF THE INDIAN RIVER FARMS COMPANY FILED IN THE OFFICE OF THE CLERK OF THE CIRCUIT COURT OF ST. LUCIE COUNTY, FLORIDA; IN PLAT BOOK 2, PAGE 25; SUBJECT TO AN EASEMENT FOR INGRESS AND EGRESS OVER THE EAST 20 FEET OF THAT PART OF SAID WEST 10 ACRES OF TRACT 16, LYING SOUTH OF THE NORTH 661 FEET THEREOF AND NORTH OF NORTH WINTER BEACH ROAD (69TH STREET); ALL NOW LYING AND BEING IN SECTION 6, TOWNSHIP 32 SOUTH, RANGE 39 EAST, INDIAN RIVER COUNTY, FLORIDA. The Grantors, Franklin J. Tate, Jr. and Donna Michelle Tate, herein avers that Grantor does not reside on the lands conveyed hereby, nor on contiguous land; nor does any member of Grantor's family dependent upon Grantor for support. Subject to easements, restrictions and reservations of record and taxes for the year 2018 and thereafter. TOGETHER, with all the tenements, hereditaments and appurtenances thereto belonging or in anywise appertaining. TO HAVE AND TO HOLD, the same in fee simple forever. AND, the Grantors hereby covenant with said Grantee that the Grantors are lawfully seized of said land in fee simple; that the Grantors have good right and lawful authority to sell and convey said land, and hereby warrant the title to said land and will defend the same against the lawful claims of all persons whomsoever; and that said land is free of all encumbrances, except taxes accruing subsequent to December 31, 2017. File No.: 47083609 f.TF Ir ,3 IN WITNESS WHEREOF, the said Grantors have signed and sealed these presents the day and year first above written. Signed, s - led and delivered in the presence of: Witness #1 Signature Witne s #1 P 'nted Z;ame Witp6s ''#2 Signature Wifuess #2 Printed Name State of Nortlt 6arolina (Seal) Franklin J. ate, Jr. County of 0 (- i The foregoing instrument was acknowledged before a this _ day of January, 2018, by Franklin J. Tate, Jr., who is personally known to me or has produced %L e • as identification. SEAL My Commission Expires: 5. q. . ZO Z/ ,�ypTARy My Comm. Expires May 4, 2021 &A(/g LVC' E COUo i File No.: 47093609 Notary Public Sat- L - Ma Printed Notary Name T re IN WITNESS WHEREOF, the said Grantors have signed and sealed these presents the day and year first above written. State of Florida County of Indian River The foregoing instrument was acknowledged before me this L(day of January, 2018, by Franklin J. Tate and Donna L. Tate; and Donna Michelle Tate, who are personally known to me or have produced Qy as identification. SEAL Notary Public Printed Notary Name My Commis onAXp%v5: JASON A. BEAL Notary Public - State of Florida = Commission # GG 017550 ,N'rE OF FI�P�� My Comm. Expires Oct 11. 2020 Bonded through National Notary Assn Imp File No.: 47093609 rTF • > m M Am Sq 2;Q � 2", > 3 C) tC2 P3 m2X 20 > C5 C7 C'� i - PQ=52P52' F, 2=2MR2�im rim RM M C= to C -M .4 5 § 'o -4 Fon Cp,gR8 -c, S M m b CD rn c� 1:" Ln 1:2 -V C> � -V > d u,o to A -xu 308 Imn co 0 11 M <co a,R C-3 c, M C) 37 �-!5 5-,:) C (n CD co CD ou m n -u :;=;v ;,u C-R-� > vi� Ln cn- 34 v!L, 0 01 FLOMDA I't fAN RIVER COUNTY THIS Is TO CERTIFY THAT TH?S is -A-MM T -ORIGINAL ON F=ILE IN THIS HP OFFir;E, G', W j— C/) m X a) EAST LINE TRACT 15 WEST LINE cq TRACT 16 L4 to 6- —1 C:> C) to NJ Op 5�$ -fn -fu P3 to -p Ln < rn 5d to 1-3 M JUN 18 2018 COUNTY ATTORNEY'S OFFICE Atlantic Coastal Land Title Company, LLC Telephone: 772-569-4364 855 21st Street, Suite C Facsimile: 772-569-8688 Vero Beach, Florida 32960 June 9, 2018 Indian River County Attorney Attn: Sandy Wright 1801 27th Street Vero Beach, Florida 32960 Re: Our File No. 47083609 1 Tate Parcel Dear Sandy: Enclosed please find your Owner's Title Insurance Policy No.: OP-25-FL1394-6590637 and your original Warranty Deed in connection with the above referenced file. We sincerely appreciate the opportunity of having been of service to you. If we can be of any further assistance in the present matter, or if you have any questions, please don't hesitate to call. Very truly yours, Ja . Beal, Managing Director Enclosure(s) as noted Our File No.: 47083609 L7F WESTCOR POLICY NO. AND TITLE iKsoeanCE CQVPAN' OP-25-FL1394-6590637 OWNER'S POLICY OF TITLE INSURANCE (with Florida Modifications) ISSUED BY WESTCOR LAND TITLE INSURANCE COMPANY Any notice of claim and any other notice or statement in writing required to be given to the Company under this Policy must be given to the Company at the address shown in Section 18 of the Conditions. COVERED RISKS SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE CONTAINED IN SCHEDULE B, AND THE CONDITIONS, Westcor Land Title Insurance Company, a South Carolina corporation (the "Company") insures, as of Date of Policy, against loss or damage, not exceeding the Amount of Insurance, sustained or incurred by the Insured by reason of: Title being vested other than as stated in Schedule A. 2. Any defect in or lien or encumbrance on the Title. This Covered Risk includes but is not limited to insurance against loss from (a) A defect in the Title caused by (i) forgery, fraud, undue influence, duress, incompetency, incapacity, or impersonation; (ii) failure of any person or Entity to have authorized a transfer or conveyance; (iii) a document affecting Title not properly created, executed, witnessed, sealed, acknowledged, notarized, or delivered; (iv) failure to perform those acts necessary to create a document by electronic means authorized by law; (v) a document executed under a falsified, expired, or otherwise invalid power of attorney; (vi) a document not properly filed, recorded, or indexed in the Public Records including failure to perform those acts by electronic means authorized by law; or (vii) a defective judicial or administrative proceeding. (b) The lien of real estate taxes or assessments imposed on the Title by a governmental authority due or payable, but unpaid. (c) Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the Land. The term "encroachment" includes encroachments of existing improvements located on the Land onto adjoining land, and encroachments onto the Land of existing improvements located on adjoining land. 3. Unmarketable Title. COVERED RISKS CONTINUED ON NEXT PAGE In Witness Whereof, WESTCOR LAND TITLE INSURANCE COMPANY, has caused this policy to be signed and sealed as of Date of Policy shown in Schedule A, the policy to become valid when countersigned by an authorized signa- tory of the Company. WESTCOR, LAND TITLE INSURANCE COMPANY Issued By: FL1394 * 47083609 Atlantic Coastal Land Title Company, LLC By. 855 21st Street, Suite C °t`t`F•'"'' "�u► v1, Vero Beach, FL 32960 w E'� eside t roc 1es3 r i� ,�M *'��`,• Attest: Secre ry OP -25 ALTA Owners Policy of Title Insurance 6-17-06 (with FLORIDA Modifications) (WLTIC Edition 12/1/17) Page I 4. No right of access to and from the Land. 5. The violation or enforcement of any law, ordinance, permit, or governmental regulation (including those relating to building and zon- ing) restricting, regulating, prohibiting, or relating to (a) the occupancy, use, or enjoyment of the Land; (b) the character, dimensions, or location of any improvement erected on the Land; (c) the subdivision of land; or (d) environmental protection if a notice, describing any part of the Land, is recorded in the Public Records setting forth the violation or intention to enforce, but only to the extent of the violation or enforcement referred to in that notice. 6. An enforcement action based on the exercise of a governmental police power not covered by Covered Risk 5 if a notice of the enforce- ment action, describing any part of the Land, is recorded in the Public Records, but only to the extent of the enforcement referred to in that notice. 7. The exercise of the rights of eminent domain if a notice of the exercise, describing any part of the Land, is recorded in the Public Records. 8. Any taking by a governmental body that has occurred and is binding on the rights of a purchaser for value without Knowledge. 9. Title being vested other than as stated in Schedule A or being defective (a) as a result of the avoidance in whole or in part, or from a court order providing an alternative remedy, of a transfer of all or any part of the title to or any interest in the Land occurring prior to the transaction vesting Title as shown in Schedule A because that prior transfer constituted a fraudulent or preferential transfer under federal bankruptcy, state insolvency, or similar creditors' rights laws; or (b) because the instrument of transfer vesting Title as shown in Schedule A constitutes a preferential transfer under federal bankruptcy, state insolvency, or similar creditors' rights laws by reason of the failure of its recording in the Public Records (i) to be timely, or (ii) to impart notice of its existence to a purchaser for value or to a judgment or lien creditor. 10. Any defect in or lien or encumbrance on the Title or other matter included in Covered Risks 1 through 9 that has been created or at- tached or has been filed or recorded in the Public Records subsequent to Date of Policy and prior to the recording of the deed or other instrument of transfer in the Public Records that vests Title as shown in Schedule A. The Company will also pay the costs, attorneys' fees, and expenses incurred in defense of any matter insured against by this Policy, but only to the extent provided in the Conditions. EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy, and the Company will not pay loss or damage, costs, attorneys' fees, or expenses that arise by reason of: 1. (a) Any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulat- ing, prohibiting, or relating to (i) the occupancy, use, or enjoyment of the Land; (ii) the character, dimensions, or location of any improve- ment erected on the Land; (iii) the subdivision of land; or (iv) environmental protection; or the effect of any violation of these laws, ordinances, or governmental regulations. This Exclusion 1(a) does not modify or limit the coverage provided under Covered Risk 5. (b) Any governmental police power. This Exclusion 1(b) does not modify or limit the coverage provided under Covered Risk 6. 2. Rights of eminent domain. This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8. 3. Defects, liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed, or agreed to by the Insured Claimant; (b) not Known to the Company, not recorded in the Public Re- cords at Date of Policy, but Known to the Insured Claimant and not disclosed in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy; (c) resulting in no loss or damage to the Insured Claimant; (d) attaching or created subsequent to Date of Policy; or (e) resulting in loss or damage that would not have been sus- tained if the Insured Claimant had paid value for the Title. 4. Any claim, by reason ofthe operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that the transaction vesting the Title as shown in Schedule A, is (a) a fraudulent conveyance or fraudulent transfer; or (b) a preferential transfer for any reason not stated in Covered Risk 9 of this policy. 5. Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching between Date of Policy and the date of recording of the deed or other instrument of transfer in the Public Records that vests Title as shown in Schedule A. OP -25 ALTA Owners Policy of Title Insurance 6-17-06 (with FLORIDA Modifications) (WLTIC Edition 12/1/17) Page 2 CONDITIONS 1. DEFINITION OF TERMS The following terms when used in this policy mean: (a) "Amount of Insurance": The amount stated in Schedule A, as may be increased or decreased by endorsement to this policy, increased by Section 8(b), or decreased by Sections 10 and 11 of these Conditions. (b) "Date of Policy": The date designated as "Date of Policy" in Schedule A. (c) "Entity": A corporation, partnership, trust, limited liability company, or other similar legal entity. (d) "Insured": The Insured named in Schedule A. (i) The term "Insured" also includes (A) successors to the Title of the Insured by operation of law as distinguished from purchase, including heirs, devisees, survivors, personal representatives, or next of kin; (B) successors to an Insured by dissolution, merger, con- solidation, distribution, or reorganization; (C) successors to an Insured by its conversion to another kind of Entity; (D) a grantee of an Insured under a deed delivered without payment ofactual valuable consideration conveying the Title (1) if the stock, shares, memberships, or other equity interests of the grantee are wholly-owned by the named Insured, (2) if the grantee wholly owns the named Insured, (3) if the grantee is wholly-owned by an affiliated En- tity of the named Insured, provided the affiliated Entity and the named Insured are both wholly- owned by the same person or Entity, or (4) if the grantee is a trustee or beneficiary of a trust created by a written instrument established by the Insured named in Schedule A for estate planning purposes. (ii) With regard to (A), (B), (C), and (D) reserving, however, all rights and defenses as to any successor that the Company would have had against any predecessor Insured. (e) "Insured Claimant": An Insured claiming loss or damage. (f) "Knowledge" or "Known": Actual knowledge, not construc- tive knowledge or notice that may be imputed to an Insured by reason of the Public Records or any other records that impart constructive notice of matters affecting the Title. (g) "Land": The land described in Schedule A, and affixed improve- ments that by law constitute real property. The term "Land" does not include any property beyond the lines of the area described in Schedule A, nor any right, title, interest, estate, or easement in abutting streets, roads, avenues, alleys, lanes, ways, or waterways, but this does not modify or limit the extent that a right of access to and from the Land is insured by this policy. (h) "Mortgage": Mortgage, deed of trust, trust deed, or other secu- rity instrument, including one evidenced by electronic means authorized bylaw. (i) "Public Records": Records established under state statutes at Date of Policy for the purpose of imparting constructive notice of matters relating to real property to purchasers for value and without Knowledge. With respect to Covered Risk 5(d), "Public Records" shall also include environmental protection liens filed in the records of the clerk of the United States District Court for the district where the Land is located. (j) "Title": The estate or interest described in Schedule A. (k) "Unmarketable Title": Title affected by an alleged or apparent matter that would permit a prospective purchaser or lessee of the Title or lender on the Title to be released from the obligation to purchase, lease, or lend if there is a contractual condition requiring delivery of marketable title. 2. CONTINUATION OF INSURANCE The coverage of this policy shall continue in force as of Date of Policy in favor of an Insured, but only so long as the Insured retains an estate or interest in the Land, or holds an obligation secured by a purchase money Mortgage given by a purchaser from the Insured, or only so long as the Insured shall have liability by reason of war- ranties in any transfer or conveyance of the Title. This policy shall not continue in force in favor of any purchaser from the Insured of either (i) an estate or interest in the Land, or (ii) an obligation secured by a purchase money Mortgage given to the Insured. 3. NOTICE OF CLAIM TO BE GIVEN BY INSURED CLAIMANT The Insured shall notify the Company promptly in writing (i) in case of any litigation as set forth in Section 5(a) of these Condi- tions, (ii) in case Knowledge shall come to an Insured hereunder of any claim of title or interest that is adverse to the Title, as insured, and that might cause loss or damage for which the Company may be liable by virtue of this policy, or (iii) if the Title, as insured, is rejected as Unmarketable Title. If the Company is prejudiced by the failure of the Insured Claimant to provide prompt notice, the Company's liability to the Insured Claimant under the policy shall be reduced to the extent of the prejudice. 4. PROOF OF LOSS In the event the Company is unable to determine the amount of loss or damage, the Company may, at its option, require as a condition of payment that the Insured Claimant furnish a signed proof of loss. The proof of loss must describe the defect, lien, encumbrance, or other matter insured against by this policy that constitutes the basis of loss or damage and shall state, to the extent possible, the basis of calculating the amount of the loss or damage. 5. DEFENSE AND PROSECUTION OF ACTIONS (a) Upon written request by the Insured, and subject to the options contained in Section 7 of these Conditions, the Company, at its own cost and without unreasonable delay, shall provide for the defense of an Insured in litigation in which any third party asserts a claim covered by this policy adverse to the Insured. This obligation is limited to only those stated causes of action alleging matters insured against by this policy. The Company shall have the right to select counsel of its choice (subject to the right of the Insured to object for reasonable cause) to represent the Insured as to those stated causes of action. It shall not be liable for and will not pay the fees of any other counsel. The Company will not pay any fees, costs, or expenses incurred by the Insured in the defense of those causes of action that allege matters not insured against by this policy. (b) The Company shall have the right, in addition to the options contained in Section 7 of these Conditions, at its own cost, to institute and prosecute any action or proceeding or to do any OP -25 ALTA Owners Policy of Title Insurance 6-17-06 (with FLORIDA Modifications) (WLTIC Edition 12/1/17) Page 3 CONDITIONS - CONTINUED other act that In Its opinion may be necessary or desirable to or tender payment of the Amount of Insurance under this policy establish the Title, as insured, or to prevent or reduce loss or together with any costs, attorneys' fees, and expenses incurred damage to the Insured. The Company may take any appropri- by the Insured Claimant that were authorized by the Company ate action under the terms of this policy, whether or not it shall up to the time of payment or tender of payment and that the be liable to the Insured. The exercise of these rights shall not Company is obligated to pay. be an admission of hablhty or waiver of any provision of this policy. If the Company exercises its rights under this subsection, it must do so diligently. (c) Whenever the Company brings an action or asserts a defense as required or permitted by this policy, the Company may pursue the litigation to a final determination by a court of competent jurisdiction, and it expressly reserves the right, in its sole discretion, to appeal any adverse judgment or order. 6. DUTY OF INSURED CLAIMANT TO COOPERATE (a) In all cases where this policy permits or requires the Company to prosecute or provide for the defense of any action or proceed- ing and any appeals, the Insured shall secure to the Company the right to so prosecute or provide defense in the action or proceeding, including the right to use, at its option, the name of the Insured for this purpose. Whenever requested by the Company, the Insured, at the Company's expense, shall give the Company all reasonable aid (i) in securing evidence, obtaining witnesses, prosecuting or defending the action or proceeding, or effecting settlement, and (ii) in any other lawful act that in the opinion of the Company may be necessary or desirable to establish the Title or any other matter as insured. Ifthe Company is prejudiced by the failure of the Insured to furnish the required cooperation, the Company's obligations to the Insured under the policy shall terminate, including any liability or obligation to defend, prosecute, or continue any litigation, with regard to the matter or matters requiring such cooperation. (b) The Company may reasonably require the Insured Claimant to submit to examination under oath by any authorized representa- tive of the Company and to produce for examination, inspection, and copying, at such reasonable times and places as may be designated by the authorized representative of the Company, all records, in whatever medium maintained, including books, ledgers, checks, memoranda, correspondence, reports, e-mails, disks, tapes, and videos whether bearing a date before or after Date of Policy, that reasonably pertain to the loss or damage. Further, if requested by any authorized representative of the Company, the Insured Claimant shall grant its permission, in writing, for any authorized representative of the Company to examine, inspect, and copy all of these records in the custody or control of a third party that reasonably pertain to the loss or dam- age. All information designated as confidential by the Insured Claimant provided to the Company pursuant to this Section shall not be disclosed to others unless, in the reasonable judgment of the Company, it is necessary in the administration of the claim. Failure of the Insured Claimant to submit for examination under oath, produce any reasonably requested information, or grant permission to secure reasonably necessary information from third parties as required in this subsection, unless prohibited by law or governmental regulation, shall terminate any liability of the Company under this policy as to that claim. 7. OPTIONS TO PAY OR OTHERWISE SETTLE CLAIMS; TERMINATION OF LIABILITY In case of a claim under this policy, the Company shall have the following additional options: (a) To Pay or Tender Payment of the Amount of Insurance. To pay Upon the exercise by the Company of this option, all liability and obligations of the Company to the Insured under this policy, other than to make the payment required in this subsection, shall terminate, including any liability or obligation to defend, prosecute, or continue any litigation. (b) To Pay or Otherwise Settle With Parties Other Than the Insured or With the Insured Claimant. (i) to pay or otherwise settle with other parties for or in the name of an Insured Claimant any claim insured against under this policy. In addition, the Company will pay any costs, attorneys' fees, and expenses incurred by the Insured Claim- ant that were authorized by the Company up to the time of payment and that the Company is obligated to pay; or (ii) to pay or otherwise settle with the Insured Claimant the loss or damage provided for under this policy, together with any costs, attorneys' fees, and expenses incurred by the Insured Claimant that were authorized by the Company up to the time of payment and that the Company is obligated to pay. Upon the exercise by the Company of either of the options provided for in subsections (b)(i) or (ii), the Company's obligations to the Insured under this policy for the claimed loss or damage, other than the payments required to be made, shall terminate, including any li- ability or obligation to defend, prosecute, or continue any litigation. 8. DETERMINATION AND EXTENT OF LIABILITY This policy is a contract of indemnity against actual monetary loss or damage sustained or incurred by the Insured Claimant who has suffered loss or damage by reason of matters insured against by this policy. (a) The extent of liability of the Company for loss or damage under this policy shall not exceed the lesser of (i) the Amount of Insurance; or (ii) the difference between the value of the Title as insured and the value of the Title subject to the risk insured against by this policy. (b) If the Company pursues its rights under Section 5 of these Con- ditions and is unsuccessful in establishing the Title, as insured, (i) the Amount of Insurance shall be increased by 10%, and (ii) the Insured Claimant shall have the right to have the loss or damage determined either as of the date the claim was made by the Insured Claimant or as of the date it is settled and paid. (c) In addition to the extent of liability under (a) and (b), the Com- pany will also pay those costs, attorneys' fees, and expenses in- curred in accordance with Sections 5 and 7 of these Conditions. 9. LIMITATION OF LIABILITY (a) If the Company establishes the Title, or removes the alleged defect, lien, or encumbrance, or cures the lack of a right of ac- cess to or from the Land, or cures the claim of Unmarketable Title, all as insured, in a reasonably diligent manner by any method, including litigation and the completion of any appeals, it shall have fully performed its obligations with respect to that matter and shall not be liable for any loss or damage caused to the Insured. OP -25 ALTA Owners Policy of Title Insurance 6-17-06 (with FLORIDA Modifications) (WLTIC Edition 12/1/17) Page 4 (b) In the event of any litigation, including litigation by the Com- pany or with the Company's consent, the Company shall have no liability for loss or damage until there has been a final deter- mination by a court of competent jurisdiction, and disposition of all appeals, adverse to the Title, as insured. (c) The Company shall not be liable for loss or damage to the Insured for liability voluntarily assumed by the Insured in set- tling any claim or suit without the prior written consent of the Company. 10. REDUCTION OF INSURANCE; REDUCTION OR TERMINATION OF LIABILITY All payments under this policy, except payments made for costs, attorneys' fees, and expenses, shall reduce the Amount of Insurance by the amount of the payment. 11. LIABILITY NONCUMULATIVE The Amount of Insurance shall be reduced by any amount the Com- pany pays under any policy insuring a Mortgage to which exception is taken in Schedule B or to which the Insured has agreed, assumed, or taken subject, or which is executed by an Insured after Date of Policy and which is a charge or lien on the Title, and the amount so paid shall be deemed a payment to the Insured under this policy. 12. PAYMENT OF LOSS When liability and the extent of loss or damage have been definitely fixed in accordance with these Conditions, the payment shall be made within 30 days. 13. RIGHTS OF RECOVERY UPON PAYMENT OR SETTLEMENT (a) Whenever the Company shall have settled and paid a claim under this policy, it shall be subrogated and entitled to the rights of the Insured Claimant in the Title and all other rights and remedies in respect to the claim that the Insured Claimant has against any person or property, to the extent of the amount of any loss, costs, attorneys' fees, and expenses paid by the Company. If requested by the Company, the Insured Claimant shall execute documents to evidence the transfer to the Com- pany of these rights and remedies. The Insured Claimant shall permit the Company to sue, compromise, or settle in the name of the Insured Claimant and to use the name of the Insured Claimant in any transaction or litigation involving these rights and remedies. If a payment on account of a claim does not fully cover the loss of the Insured Claimant, the Company shall defer the exercise of its right to recover until after the Insured Claimant shall have recovered its loss. (b) The Company's right of subrogation includes the rights of the Insured to indemnities, guaranties, other policies of insurance, or bonds, notwithstanding any terms or conditions contained in those instruments that address subrogation rights. 14. ARBITRATION Unless prohibited by applicable law, arbitration pursuant to the Title Insurance Arbitration Rules of the American Arbitration As- sociation may be demanded if agreed to by both the Company and the Insured at the time of a controversy or claim. Arbitrable mat- ters may include, but are not limited to, any controversy or claim between the Company and the Insured arising out of or relating to this policy, and service of the Company in connection with its issuance or the breach of a policy provision or other obligation. Arbitration pursuant to this policy and under the Rules in effect on the date the demand for arbitration is made or, at the option of the Insured, the Rules in effect at Date of Policy shall be binding upon the parties. The award may include attorneys' fees only if the laws of the state in which the Land is located permit a court to award attorneys' fees to a prevailing party. Judgment upon the award rendered by the Arbitrator(s) may be entered in any court having jurisdiction thereof. The law of the situs of the land shall apply to an arbitration under the Title Insurance Arbitration Rules. A copy of the Rules may be obtained from the Company upon request. 15. LIABILITY LIMITED TO THIS POLICY; POLICY ENTIRE CONTRACT (a) This policy together with all endorsements, if any, attached to it by the Company is the entire policy and contract between the Insured and the Company. In interpreting any provision of this policy, this policy shall be construed as a whole. (b) Any claim of loss or damage that arises out of the status of the Title or by any action asserting such claim whether or not based on negligence shall be restricted to this policy. (c) Any amendment of or endorsement to this policy must be in writing and authenticated by an authorized person, or expressly incorporated by Schedule A of this policy. (d) Each endorsement to this policy issued at any time is made a part of this policy and is subject to all of its terms and provi- sions. Except as the endorsement expressly states, it does not (i) modify any of the terms and provisions of the policy, (ii) modify any prior endorsement, (iii) extend the Date of Policy, or (iv) increase the Amount of Insurance. 16. SEVERABILITY In the event any provision of this policy, in whole or in part, is held invalid or unenforceable under applicable law, the policy shall be deemed not to include that provision or such part held to be invalid, but all other provisions shall remain in full force and effect. 17. CHOICE OF LAW; FORUM (a) Choice of Law: The Insured acknowledges the Company has underwritten the risks covered by this policy and determined the premium charged therefor in reliance upon the law affecting interests in real property and applicable to the interpretation, rights, remedies, or enforcement of policies of title insurance of the jurisdiction where the Land is located. Therefore, the court or an arbitrator shall apply the law of the jurisdiction where the Land is located to determine the validity of claims against the Title that are adverse to the Insured and to interpret and enforce the terms of this policy. In neither case shall the court or arbitrator apply its conflicts of law principles to determine the applicable law. (b) Choice of Forum: Any litigation or other proceeding brought by the Insured against the Company must be filed only in a state or federal court within the United States of America or its territories having appropriate jurisdiction. 18. NOTICES, WHERE SENT Any notice of claim and any other notice or statement in writing required to be given to the Company under this policy must be given to the Company at: 875 Concourse Parkway South, Suite 200, Maitland, FL 32751. OP -25 ALTA Owners Policy of Title Insurance 6-17-06 (with FLORIDA Modifications) (WLTIC Edition 12/1/17) Page 5 w v Z 0 -i Q y 0 o 0CD r^� 2 Q m z 7[7 n d C) �o �0� 9W�� p y O NC/) c1� O N Cl) N O O ALTA 6-17-06 OWNER'S POLICY (WITH FLORIDA MODIFICATIONS) SCHEDULE A File Number: Policy Number: Date of Policy: Premium 47083609 OP -25 -FI -1394- January 16, 2018 @ 8:25 AM $177.68 6590637 Property Type: State: Florida, County: INDIAN RIVER Address Reference: 6780 69th Street, Vero Beach, Florida 32966 1. Name of Insured: Indian River County, a Political Subdivision of the State of Florida 2. The estate or interest in the Land that is insured by this policy is: FEE SIMPLE 3. Title is vested in: Indian River County, a Political Subdivision of the State of Florida 4. The Land referred to in this policy is described as follows: RIGHT OF WAY PARCEL Amount of Insurance: $30,900.00 THE NORTH 70.00 FEET OF THE SOUTH 100 FEET OF THE FOLLOWING DESCRIBED PARCEL AS RECORDED IN OFFICIAL RECORDS BOOK 2119, PAGE 1893, PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA. THE WEST 10 ACRES OF TRACT 16, LESS THE NORTH 661 FEET, SECTION 6, TOWNSHIP 32 SOUTH, RANGE 39 EAST, ACCORDING TO THE LAST GENERAL PLAT OF LANDS OF THE INDIAN RIVER FARMS COMPANY FILED IN THE OFFICE OF THE CLERK OF THE CIRCUIT COURT OF ST. LUCIE COUNTY, FLORIDA; IN PLAT BOOK 2, PAGE 25; SUBJECT TO AN EASEMENT FOR INGRESS AND EGRESS OVER THE EAST 20 FEET OF THAT PART OF SAID WEST 10 ACRES OF TRACT 16, LYING SOUTH OF THE NORTH 661 FEET THEREOF AND NORTH OF NORTH WINTER BEACH ROAD (69TH STREET); ALL NOW LYING AND BEING IN SECTION 6, TOWNSHIP 32 SOUTH, RANGE 39 EAST, INDIAN RIVER COUNTY, FLORIDA. Note: This policy is of no force and effect unless Schedule A and Schedule B are attached together with any added pages incorporated by reference. Issued By Atlantic Coastal Land Title Company, LLC ALTA 6-17-06 OWNER'S POLICY (WITH FLORIDA MODIFICATIONS) Policy No. OP-25-FL1394-6590637 File No.: 47083609 SCHEDULE B EXCEPTIONS FROM COVERAGE Except as provided in Schedule B - Part II, this policy does not insure against loss or damage, and the Company will not pay costs, attorneys' fees, or expenses that arise by reason of: 1. Rights or claims of parties in possession not shown by the Public Records. 2. Encroachments, overlaps, boundary lines disputes, and other matters which would be disclosed by an accurate survey and inspection of the premises. 3. Easements or claims of easements not shown by the Public Records. 4. Taxes or special assessments which are not shown as existing liens by the public records. 5. Taxes and assessments for the year 2018 and subsequent years, which are not yet due and payable. 6. Easement contained in Warranty Deed recorded in Official Records Book 494, Page 411, of the Public Records of Indian River County, Florida. 7. Easement contained in Warranty Deed recorded in Official Records Book 940, Page 2756, of the Public Records of Indian River County, Florida. 8. Any lien provided by Chapter 159, Florida Statutes, in favor of any city, town, village or port authority for unpaid service charges for service by any water, sewer or gas system supplying the insured land. Note: This policy is of no force and effect unless Schedule A and Schedule B are attached together with any added pages incorporated by reference. OP -25S / ALTA 6-17-06 Owner's Policy Schedule A and B (With Florida Modifications) (WLTIC Edition 1/26/11) Our File No.: 47083609 LTF-i 1 A. Settlement Statement U.S. Department of Housing and Urban Development OMB Approval No. 2502-0265 B. Type of Loan 1. O FHA 2. ❑ RHS 3. ❑ Conv. Unins. 4. ❑ VA 5. ❑ Conv. Ins. 6. File Number 47083609 7. Loan Number 8. Mortgage Insurance Case Number C. Note: This form is furnished to give you a statement of actual settlement costs. Amounts paid to and by the settlement agent are shown. Items marked "(p.o.c.)" were paid outside the closing; they are shown here for information purposes and are not included in the totals. D. Name and Address of Borrower Indian River County, a Political Subdivision of the State of Florida 1801 27th Street Vero Beach, Florida 32960 E. Name and Address of Seller Franklin J. Tate Donna L. Tate Franklin J. Tate, Jr. Donna Michelle Tate 6780 69th Street Vero Beach, Florida 32966 F. Name and Address of Lender G. Property Location 6780 69th Street Vero Beach, Florida 32966 INDIAN RIVER H. Settlement Agent Atlantic Coastal Land Title Company, LLC 855 21 st St. Suite C, Vero Beach, FL 32960 Place of Settlement 855 21 st Street Suite C Vero Beach, Florida 32960 I. Settlement Date 01111/18 J. SUMMARY OF BORROWER'S TRANSACTION: K. SUMMARY OF SELLER'S TRANSACTION: 100. GROSS AMOUNT DUE FROM BORROWER 400. GROSS AMOUNT DUE TO SELLER 101. Contract sales price 30,900.00 401. Contract sales price 30,900.00 102. Personal property 402. Personal property 103. Settlement charges to borrower line 1400 866.48 403. 104. 404. 105. 405. Adjustments for items paid by seller in advance Adjustments for items paid by seller In advance 106. Cit/town taxes to 406. C' /town taxes to 107. County taxes to 407. County taxes to 108. Assessments to 408. Assessments to 109. 409. 110. 410. 111. 411. 112. 412. 120. GROSS AMOUNT DUE FROM BORROWER 31 766.48 420. GROSS AMOUNT DUE TO SELLER 30 900.00 200. AMOUNTS PAID BY OR IN BEHALF OF BORROWER 500. REDUCTIONS IN AMOUNT TO SELLER 201. Deposit or earnest money 501. Excess Deposit (see instructions) 202. Principal amount of new loan(s) 502. Settlement charges to seller (line 1400) 875.75 203. Existing loan(s) taken subject to 503. Existing loans taken subject to 204. 504. Payoff of first mortgage loan 205. 505. Payoff of second mortgage loan 206. 506. 207. 507. 208. 508. 209. 509. Adjustments for items unpaid by seller Adjustments for items unpaid by seller 210. Cft /town taxes to 510. Cit/town taxes to 211. County taxes to 511. County taxes to 212. Assessments to 512. Assessments to 213. 513. 214. 514. 215. 515. 216. 516. 217. 517. 218. 518. 219. 519. 220. TOTAL PAID BY/ FOR BORROWER 520. TOTAL REDUCTION AMOUNT DUE SELLER 875.75 300. CASH AT SETTLEMENT FROM OR TO BORROWER 600. CASH AT SETTLEMENT TO OR FROM SELLER 301. Gross amount due from borrower line 120 31 766.48 601. Gross amount due to seller line 420 30 900.00 302. Less amounts paid by/for borrower line 220 602. Less reduction amount due to seller line 520 875.75 303. CASH FROM BORROWER 31766.48 603. CASH TO SELLER 30,024.25 01-05-2018 at 2:40 PM form HUD -1 (3/86) ref Handbook 4305.2 U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT SETTLEMENT STATEMENT PAGE 2 700. L. SETTLEMENT CHARGES: File Number: 47083609 TOTAL SALES/BROKER'S COMMISSION based on price $ Division of commission line 700 as follows: - - PAID FROM BORROWER'S FUNDS AT SETTLEMENT PAID FROM SELLER'S FUNDS AT SETTLEMENT 701. 702. $ to $ to 703. Commission paid at Settlement 704. 800. ITEMS PAYABLE IN CONNECTION WITH LOAN P.O.C. 801, Loan Origination Fee % 802. Loan Discount % 803. Appraisal fee to 804. Credit report to 805. Lender's inspection fee to 806. Mtg. ins. application fee to 807. Assumption fee to 808. 809. 810. 811. 812. 813. 814. 815. 900. ITEMS REQUIRED BY LENDER TO BE PAID IN ADVANCE 901. Interest from to $ /day 902. Mortgage insurance premium to 903. Hazard insurance premium yrs.to 904. 905. 1000. RESERVES DEPOSITED WITH LENDER FOR 1001. Homeowners insurance mo. $ / mo. 1002. Mortgage insurance mo. $ / mo. 1003. City propertytaxes mo. $ / mo. 1004. County propertytaxes mo. $ / mo. 1005. Annual Assessments mo. $ /mo. 1006. mo. $ / mo. 1007. mo. $ / mo. 1008. Aggregate Reserve for Hazard/Flood Ins, City/County Prop Taxes Mortgage Ins & Annual Assessments 1100. TITLE CHARGES 1101. Settlement or closing fee to Atlantic Coastal Land Title Company, LLC 300.00 1102. Abstract or title search to Atlantic Coastal Land Title Company, LLC 85.00 1103. Title examination to 1104. Title insurance binder to 1105. Document preparation to 1106. Notary fees to 1107. Attorney's fees to ndudes above item No: 1108. Title insurance to 177.68 1109. 1110. includes above item No: Lenders coverage Owners coverage 30 900.00 -177.68 1111. Digital Archive/LandTech Fee Forensis/LandTech 35.00 1112. Wire Fee CenterState Bank 16.00 16.00 1113, Courier Fees Federal Express 90.00 1200. GOVERNMENT RECORDING AND TRANSFER CHARGES 1201. Recording fees Deed $ 36.50 Mortgage $ Releases $ 36.50 1202. City/county/stamps Deed $ Mortgage $ 1203. State tax/stamps Deed $ 216.30 ; Mortgage $ 216.30 1204. Intangible Tax Deed $ Mortgage $ 1205. 1300. ADDITIONAL SETTLEMENT CHARGES 1301. Survey to 1302. Pest inspection to 1303. 1304. Bal of 2017 R/E Taxes Indian River County Tax Collector 769.75 1305. 1306. 1307. 1308. 1400. TOTAL SETTLEMENT CHARGES enter on lines 103 and 502, Sections J and K 866.48 875.75 - 01-05-2018 at 2:40 PM form HUD -1 (3/86) ref Handbook 4305.2 HUD -1 SETTLEMENT STATEMENT File Number: 47083609 I have carefully reviewed the HUD -1 Settlement Statement and to the best of my knowledge and belief, it is a true and accurate statement of all receipts and disbursements made on my account or by me in this transaction. I further certify that I have received a copy of the HUD -1 Settlement Statement. Buyer In er Co William K. DAraal, eputy County Attorney In the event a proration of taxes is necessary when the tax bills for the current year are prepared, the parties agree to handle said re-prorations between themselves. Sellers Franklin J. Tate Donna L. Tate Franklin J. Tate, Jr. Donna Michelle Tate Settlement Agent The HUD -1 Settlement Statement which I have prepared is a true and accurate account of this transaction. I have caused or will cause the funds to be disbursed in accordance with this statement. Atlantic Coastal Land Title Company, LLC By: Date: January 11th, 2018 Socc MeQ4,./5 Co rJ seal -� Z-a-c.w. S • C INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Jason E. Brown, County Administrator THROUGH: Richard B. Szpyrka, P.E., Public Works Director FROM: Monique Filipiak, Land Acquisition Specialist & SUBJECT: Right -of -Way Acquisition — 66th Avenue Widening Project Owner: Franklin J. Tate & Donna Tate - 6780 69th Street, Vero Beach, FL 32967 DATE: November 28, 2017 DESCRIPTION AND CONDITIONS Public Works is progressing with Right -of -Way acquisition for the planned improvements of 66th Avenue between 49th Street - 69th Street. The proposed improvements include widening the existing two-lane roadway to a four lane divided roadway, traffic signals, bridge replacement, drainage improvements, grassed or landscaped median and sidewalks. Franklin J. Tate & Donna Tate own a 4.84 acre parcel which is zoned A-1. To accommodate the future planned improvements on 66th Avenue, the County needs to acquire the 0.53 acres of the parcel for right- of-way purposes and needs a 10 foot Temporary Construction Easement. The County obtained an appraisal of the property indicating a value of $30,900.00. The County offered the appraised value of $30,900.00 to purchase the 0.53 acres, and Mr. and Mrs. Tate agreed to the offer. FUNDING Funding is budgeted and available in Account No. 10215241-066120-07806, Traffic Impact Fees/District 2/ROW/661h Avenue (49th Street — 69th Street). RECOMMENDATION Staff recommends the Board approve the Purchase Agreement for the 0.53 acres of property located at 6780 69th Street, Vero Beach, FL 32967, and authorize the Chairman to execute the purchase agreement on behalf of the Board. ATTACHMENTS One Original Purchase Agreement One Original Temporary Construction Easement APPROVED AGENDA ITEM FOR: December 12, 2017 F:\Public Works\ENGINEERING DIVISION PROJECTS\1505-66th Ave Widening_49th St to 81st St\2-Right of Way\BCC Agenda Memos\Franklin J. Tate\Franklin J. Tate Agenda Memo.doc A TRUE COPY JERTINGATION ON LAST PAGE J.R. SMITH, CLERK AGREEMENT TO PURCHASE AND SELL REAL ESTATE BETWEEN INDIAN RIVER COUNTY AND FRANKLIN J. TATE AND DONNA L. TATE THIS AGREEMENT TO PURCHASE AND SELL REAL ESTATE ("Agreement") is made and entered into as of the 7.2 day of December , 2017, by and between Indian River County, a political subdivision of the State of Florida ("the County"), and Franklin J. Tate and Donna L. Tate ("the Seller) who agree as follows.- WHEREAS, ollows: WHEREAS, Seller owns property located at 6780 69th Street, Vero Beach, FL, Vero Beach, Florida. A legal description of the property is attached to this agreement as Exhibit "A" and incorporated by reference herein; and WHEREAS, the County is scheduled to do road improvements on 66th Avenue between 49th Street and 81St Street in the future and the road expansion will impact the Seller's property,- and WHEREAS, in order for the County to proceed with its road expansion plans, the County needs to purchase property to be used as right-of-way from landowners along and adjacent to 66th Avenue; and WHEREAS, the County contacted the Seller and offered to purchase right-of-way of approximately 23,100 square feet or 0.53 acres of property as depicted on Exhibit "B", and WHEREAS, the County also needs a 10 foot Temporary Construction Easement (TCE) from Seller as described on Exhibit "C" attached to facilitate the Project, and WHEREAS, the Parties agree this is an arm's length transaction between the Seller and the County, without the threat of eminent domain. NOW, THEREFORE, in consideration of the mutual terms, conditions, promises, covenants and premises hereinafter, the COUNTY and SELLER agree as follows: 1. Recitals. The above recitals are affirmed as being true and correct and are incorporated herein. 2. Agreement to Purchase and Sell. The Seller hereby agrees to sell to the County, and the County hereby agrees to purchase from Seller, upon the terms and conditions set forth in this Agreement that certain parcel of real property located at 6780 69th Street, Vero Beach, FL and more specifically described in the legal description attached as Exhibit "B", fee simple, containing approximately 23,100 square feet, all improvements thereon, together with all easements, rights and uses now or hereafter belonging thereto (collectively, the "Property"). A TRUE COPY ARTIFIOATION ON LAST PAGE J.R. SMITH, CLERK 2.1 Purchase Price, Effective Date. The purchase price ("Purchase Price") for the Property shall be $30,900.00 (Thirty Thousand and Nine Hundred 00/100 Dollars). The Purchase Price shall be paid on the Closing Date. The Effective Date of this Agreement shall be the date upon which the County shall have approved the execution of this Agreement, either by approval by the Indian River County Board of County Commissioners at a formal meeting of such Board or by the County Administrator pursuant to his delegated authority. 2.2 Remainder Parcel. The subject remainder parcel is estimated to contain approximately 187,770 square feet or 4.3106 acres, after the proposed taking, which is below the minimum lot size requirement for a residential ranchette in the A-1 zoning district. The subject property currently contains a conforming single family residence, thus continued use would be allowed. After the taking if the subject site were to become vacant, it would not have adequate site area. The Seller is requesting from Indian River County to have the subject remainder site area considered adequate in size for ranchette development, if reduced by the proposed right-of-way taking. The remainder parcel would be considered a legal non -conforming parcel as so long as the non -conformity is not increased, the parcel and house would be permitted to remain as such. 3. Title. Seller shall convey marketable title to the Property by warranty deed free of claims, liens, easements and encumbrances of record or known to Seller; but subject to property taxes for the year of Closing and covenants, restrictions and public utility easements of record provided (a) there exists at Closing no violation of any of the foregoing; and (b) none of the foregoing prevents County's intended use and development of the Property ("Permitted Exceptions"). 3.1 County may order an Ownership and Encumbrance Report or Title Insurance Commitment with respect to the Property. County shall within fifteen (15) days following the Effective Date of this Agreement deliver written notice to Seller of title defects. Title shall be deemed acceptable to County if (a) County fails to deliver notice of defects within the time specified, or (b) County delivers notice and Seller cures the defects within thirty (30) days from receipt of notice from County of title defects ("Curative Period"). Seller shall use best efforts to cure the defects within the Curative Period and if the title defects are not cured within the Curative Period, County shall have thirty (30) days from the end of the Curative Period to elect, by written notice to Seller, to: (i) to terminate this Agreement, whereupon shall be of no further force and effect, or (ii) extend the Curative Period for up to an additional 90 days; or (iii) accept title subject to existing defects and proceed to closing. 4. Representations of the Seller. 4.1 Seller is indefeasibly seized of marketable, fee simple title to the Property, and is the sole owner of and has good right, title, and authority to convey and transfer the Property which is the subject matter of this Agreement, free and clear of all liens and encumbrances. 2 A TRUE CM ARTIFIGATION ON LAST PAGE J.R. SNM, GLEN* 4.2 From and after the Effective Date of this Agreement, Seller shall take no action which would impair or otherwise affect title to any portion of the Property, and shall record no documents in the Public Records which would affect title to the Property, without the prior written consent of the County. 4.3.1 There are no existing or pending special assessments affecting the Property, which are or may be assessed by any governmental authority, water or sewer authority, school district, drainage district or any other special taxing district. 5. Default. 5.1 In the event the County shall fail to perform any of its obligations hereunder, the Seller shall, at its sole option, be entitled to: (i) terminate this Agreement by written notice delivered to the County at or prior to the Closing Date and thereupon neither the Seller nor any other person or party shall have any claim for specific performance, damages, or otherwise against the County; or (ii) waive the County's default and proceed to Closing. 5.2 In the event the Seller shall fail to perform any of its obligations hereunder, the County shall, at its sole option, be entitled to: (i) terminate this Agreement by written notice delivered to the Seller at or prior to the Closing Date and thereupon neither the County nor any other person or party shall have any claim for specific performance, damages or otherwise against the Seller; or (ii) obtain specific performance of the terms and conditions hereof; or (iii) waive the Seller's default and proceed to Closing: 6. Closing. 6.1 The closing of the transaction contemplated herein ("Closing" and "Closing Date") shall take place within 45 days following the execution of the contract by the Chairman of the Board of County Commissioners. The parties agree that the Closing shall be as follows: (a) The Seller shall execute and deliver to the County a warranty deed conveying marketable title to the Property, free and clear of all liens and encumbrances and in the condition required by paragraph 3. (b) If Seller is obligated to discharge any encumbrances at or prior to Closing and fails to do so, County may use a portion of Purchase Price funds to satisfy the encumbrances. (c) If the Seller is a non-resident alien or foreign entity, Seller shall deliver to the County an affidavit, in a form acceptable to the County, certifying that the Seller and any interest holders are not subject to tax under the Foreign Investment and Real Property Tax Act of 1980. (d) The Seller and the County shall each deliver to the other such other documents or instruments as may reasonably be required to close this transaction. 3 � TRUE COPY ., ERTIFICATICN ON LAST PANE J.R. SMITH, CLERK 6.2 Taxes. All taxes and special assessments which are a lien upon the property on or prior to the Closing Date (except current taxes which are not yet due and payable) shall be paid by the Seller. 7. Personal Property. 7.1 The Seller shall have removed all of its personal property, equipment and trash from the Property. The Seller shall deliver possession of the Property to County vacant and in the same or better condition that existed at the Effective Date hereof. 7.2 Seller shall deliver at Closing all keys to locks and codes to access devices to County, if applicable. 8. Closing Costs; Expenses. County shall be responsible for preparation of all Closing documents. 8.1 County shall pay the following expenses at Closing: 8.1.1 The cost of recording the warranty deed and any release or satisfaction obtained by Seller pursuant to this Agreement. 8.1.2 Documentary Stamps required to be affixed to the warranty deed. 8.1.3 All costs and premiums for the owner's marketability title insurance commitment and policy, if any. 8.2 Seller shall pay the following expenses at or prior to Closing: 8.2.1 All costs necessary to cure title defect(s) or encumbrances, other than the Permitted Exceptions, and to satisfy or release of record all existing mortgages, liens or encumbrances upon the Property. 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. 9.2 Entire Agreement. This Agreement constitutes the entire agreement between the parties with respect to this transaction and supersedes all prior agreements, written or oral, between the Seller and the County relating to the subject matter hereof. Any modification or amendment to this Agreement shall be effective only if in writing and executed by each of the parties. 9.3 Assignment and Binding Effect. Neither County nor Seller may assign its rights and obligations under this Agreement without the prior written consent of the other party. The terms hereof shall be binding upon and shall inure to the benefit of the parties hereto and 4 their successors and assigns. A TRUE CON "EATIFIGAT'ION ON LAST PAGE J.R. SMITH, CLERK 9.4 Notices. Any notice shall be deemed duly served if personally served or if mailed by certified mail, return receipt requested, or if sent via "overnight" courier service or facsimile transmission, as follows: If to Seller: Franklin J. Tate & Donna L. Tate 6780 69th Street, Vero Beach, FL 32967 If to County: Indian River County 1801 27th Street Vero Beach, FL 32960 Attn: Land Acquisition/Monique Filipiak Either party may change the information above by giving written notice of such change as provided in this paragraph. 9.5 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. 9.6 Attorney's Fees and Costs. In any claim or controversy arising out of or relating to this Agreement, each party shall bear its own attorney's fees, costs, and expenses. 9.7 Counterparts. This Agreement may be executed in two or more counterparts, each one of which shall constitute an original. 9.8 County Approval Required: This Agreement is subject to approval by the Indian River County Board of County Commissioners as set forth in paragraph 2. 9.9 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. 5 A TRUE GOY aEMIGATIUN ON LAST PAGE J -R. SMITH, CLERK IN WITNESS WHEREOF, the undersigned have executed this Agreement as of the date first set forth above. pvt1T Y C 0,1��/s 40 INDIAN RIVER COUNTY, FLORj4ft s� BOARD OF COUNTYI COMMI,(jGI6N ` Franklin J. )rate Date Peter D. O'Bryan'Chairman •9c ��oP•' -------------- ---� °�rdti; ^moo Approved PP by BCC DPcemher 12,.201_7 Donna L. Tate Date ATTEST: Jeffrey R. Smith, Clerk of Court and Comptroller Jason FE. Brawn, County Administrator 7i)l ved as to F Me7fficiency: illiam K. DeBraal eputy County Attorney ON 4 TRUE COPY UMFICATIflN ON LAST PAGE J -R. SMITH, CLERK EXHIBIT "A" The hest 10 Acres of n -act 16. L= the With 661 feet, Section 6, Township 32 South. avw " East, accmdiw to the last general plat of lards of the U dian River firms 0aypany filed in the Office of the clerk of the circuit Omwt of St. Lucie CmmtYr Florida, In Plat Book 2. Page 251 Sf�,= TO an easonent for ingress Md eQres$ oust the East 20 feet of that part of said %bet 10 acres of pact 16, a"M of the North 661 feet thereof ard North of North Winter Beach woad (69th Street); all now lying and being in Section 6, Tr,=hip 32 South, Ronde 30 East, Indian River QoantY, Florida. Commonly known as: 6780 69th Street, Vero Beach, FL 32967 Parcel ID Number: 32-39-06-00001-0160-00001.0 O� U to a --1-00 �vv m o W o 0 w c� mr�v o;;u-0-V a a��,00 M- =zz C:) �> 1 -1 X000 I w w < mgm cD 0 a m o 0 0 z V) ( ? z z c m o o o M. Z � 20 m�= Z a 0 m o d o �cn ;:v E!�Sr: m Z m I C y C C Z z z r" m m c � m C) a 0 C cn Z gll m LL g O m m ') �GZ�A-00 zOm D o p a rn� z Z DZrn-N-1a_2L4Lf)i e� 0 Lo N Z 2D or o oF, �zVo S o z a o z� c q M omn oo q O —T[ m pT,a NT�Z(-7-" rnoy>aimp-+moi om 0 mLn ��' o0 o � cnmm� o5� cn =0 c �N NJ L4 mom �� -O a w Z m 0 to p 0 N0 07C ITlm Z z o� j(Do m o a ro o z zmv i5- Tl m y�DC7�rn w m W m C p CTI m �-TI LoCS-M N m;U m om Z NO>'Ocl.C7N� (m7 CJ Coo op _.Z , Dani) o����,z�C, Lnc> M r Ln m a c) W o z�zV) �rzo 0 �Z0>fn o m0cmZ2 z� rcmcD-v o 0-. �70--c, aa?p cIa-o�zjN jT7a ZFm(/7� C) N O Z-�O O m gmr�1� 50 T ATF OF FLORIDA INOIAN RIVER COUNTY f THIS IS TO CERTIFY THAT THIS IS TF,IQ r QRREE3+ 881 E- )RIGINAL ON FILE IN THIS OFFICE, J FFF9PY CLE 1 L'hT[ O <- EAST LINE TRACT 15 WEST LINE TRACT 16 m X I W ii I. --1 --- MM -- o t!?o I w w ' _ p [n o 0 µ vo I o M. - to O m S IWD o — c 1(n 'T1 Z m =� Vt wow am X701 � p a0� L I �.0 0� w mol �0II Ln Iv,z I (XJ co a cn N � `l m► EAST LINE TRACT 15 WEST LINE TRACT 16 m X I W ii I. --1 --- MM -- A TRUE COPY :;ERTIFIGATION ON LUT PAGE J.R. SMM CLERK TCE — 661' Avenue Roadway Widening - Project #1505 PID #32-39-06-00001-0160-00001.0 Project Parcel #315 — Franklin J. Tate & Donna L. Tate Prepared by and return to: IRC -PW -mf 1801 2711 Street, Vero Beach, FL 32960-3388 TEMPORARY CONSTRUCTION EASEMENT This TEMPORARY CONSTRUCTION EASEMENT, made and executed this 12t-hday of December , 2017, by Franklin J. Tate and Donna L. Tate whose address is 6780 69th Street, Vero Beach, FL 32967 hereinafter called GRANTOR to Indian River County, a political subdivision of the State of Florida, whose address is 1801 27th Street, Vero Beach, Florida 32960-3388, hereinafter called GRANTEE, WITNESSETH: That GRANTOR, for and in consideration of the sum of ONE DOLLAR and other consideration, receipt of which is hereby acknowledged, does hereby grant unto the GRANTEE a TEMPORARY CONSTRUCTION EASEMENT on, over, across, and beneath the following described land, situate in Indian River County, Florida, to -wit - EXHIBIT "C" ATTACHED HERETO AND MADE A PART HEREOF This easement is for the purpose of all construction incidentals, such as; grading, sloping, sodding, clearing, excavating, dredging, etc. This easement shall exist only until the completion of the construction work for the 661h Avenue Project No. 1505. IN WITNESS WHEREOF the GRANTOR has herein set its hand and seal the day and year first above written. Signed, sealed, and delivered in the presence of: Witness Signature �Grantor Signature Printed Name:.r��y� �� Printed Name:anklin J. Ta# Witness Signature Grantor Signature Printed Name:Jwli 0 a�Sh avJ Printed Name: Donna L. Tate STATE OF FLORIDA} COUNTY OF INDIAN RIVER} The foregging instrumet w 017as acknowledged before me this �_ da of 2, by �4rc� �%may , he/she/the are ersonally kno-Wn to me or produced driver's license as identification. Sign: Notary Public Printed name & Commission # o, �►�� KAREN ANNE Approv d s to orm an Le Sufficiency: ** MY COMMIS90N # FF 946947 4M"4'EXPIRES: Janary 9; 2020 Bonded Th(dBudg1d012ry5¢rvltp .. ounty Attor ey Sketch and L &gal Description Fora /ND/AN RIVER COUNTY A TRUE COPY :EIMFICATIQN ON LAST PAGE EXHIBIT "C" J.R. SMITH, GMK I Legal Description (Temporary Construction Easement) Being the North 10.00 feet of the South 110.00 feet of the following described parcel as recorded in Official Records Book 2119, Page 1893, of the Public Records of Indian River County, Florida. The West 10 Acres of Tract 16, less the North 661 feet, Section 6, Township 32 South, Range 39 East, According to the Last General Plat of Lands of the Indian River Farms Company filed in the Office of the Clerk of the Circuit Court of St. Lucie County, Florida, in Plat Book 2, Page 25; Subject to an Easement of Ingress and Egress over the East 20 feet of that part of said West 10 acres of Tract 16, Lying South of the North 661 feet thereof and North of North Winter Beach Road (69th street); all now lying and being in Section 6, Township 32 South, Range 39 East, Indian River County, Florida Containing 3,292 Square Feet, more or less Surveyor's Notes 1). This Sketch and Legal Description was prepared with the benefit of a Right of Way Map prepared by Kimley Hom for Indian River County, Job No. 1505, Dated July 25, 2017. Together with the Last General Plat of the Lands of the Indian River Farms Company Subdivision, Recorded in Plat Book 2, Page 25, Public Records of St. Lucie (now Indian River County), Florida. 2).This legal description shall not be valid unless: (a) Provided in its entirety consisting of 2 sheets , with sheet 2 showing the sketch of the description. (b) Reproductions of the description and sketch are not valid unless signed and sealed with an embossed surveyor's seal. Legend and Abbreviations C.R. = COUNTY ROAD I.R.F.W.C.D. = INDIAN RIVER FARMS WATER CONTROL DISTRICT L = LENGTH OF ARC LLC = LIMITED LIABILITY COMPANY O.R.B. = OFFICIAL RECORD BOOK (P) = PLAT P.B. = PLAT BOOK PGE =PAGE PBS = PLAT BOOK ST. LUCIE A =DELTA ANGLE SQ. FT. = SQUARE FEET R = RANGE RAN = RIGHT-OF-WAY T = TOWNSHIP PROVIDED IN ITS ENTIRETY CONSISTING OF 2 SHEETS WITH SHEET 2 BEING THE SKETCH OF DESCRIPTION Certification (NOT VALID WITHOUT THE SIGNATURE AND ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER) I HEREBY CERTIFY THAT THE SKETCH AND LEGAL DESCRIPTION OF THE PROPERTY SHOWN AND DESCRIBED HEREON WAS COMPLETED UNDER MY DIRECTION AND SAID SKETCH AND LEGAL IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE AND BELIEF. I FURTHER CERTIFY THAT THIS SKETCH AND DESCRIPTION MEETS THE STANDARDS OF PRACTICE FOR SURVEYS SET FORTH BY THE FLORIDA PROFESSIONAL F)OARD OF SURVEYORS AND MAPPERS IN CHAPTER 5J-17.052 FLORIDA ADMINISTRATIVE CODE, PURSUANT TO SECTION 472.027 FLORIDA STATE ST ES. 10 -Sl- 2017 DATE OF SIGNATURE DAVID M. SILON PROFESSIONAL SURVEYOR AND MAPPER This is not a Boundary Survev FLORIDA CERTIFICATE NO. 6139 AGENCY: INDIAN RIVER COUNTY, FL PURL/C WORKS DEPT./ENG/NEER/NG DIV. I DATE: 10/31/17 I DRAWN BY: R. /NGLETT I I SCALE: N/A I APPROVED BY: n z// nAt I :02[610 1 OF 2 1505 Sketch and L ega/ Description fora Parcel 3 15 /ND/AN RIVER COUNTY (6790 69th STREET) U u u 0 a N o, Sketch and L ega/ Description for. INDIANRIVER COUNTY NOT TO SCALE 32-39-07-00001-0010-00008.0 STUART AND HELEN SHAFER SITE ADDRESS: 6850 CARSONS TRAIL DRIVE O.R.B. 1502, PG. 2395 ul Legend and Abbreviations C.R. = COUNTY ROAD PBS = PLAT BOOK ST. LUCI I.R.F.W.C.D. = INDIAN RIVER FARMS A =DELTAANGLE WATER CONTROL DISTRICT SQ. FT. = SQUARE FEET L = LENGTH OF ARC R = RANGE LLC = LIMITED LIABILITY COMPANY R/W = RIGHT -0F -WAY O.R.B. = OFFICIAL RECORD BOOK T = TOWNSHIP (P) = PLAT P.B. = PLAT BOOK PROVIDED IN ITS ENTIRETY CONSISTING OF 2 SHEETS PGE =PAGE AULNUY: SND/AN R/VER COUNTY, FL PURL/C WORKS DEPT./ENG/NEER/NG D/I! DATE: 10DRAWN BY: /31/17 R. /NGLETT SCALE: APPROVED BY: N/A D. S/LON SHEET: 2 OF 2 OB N0: 1505 This is not a Bounda Sketch and L ega/ Description fora Parcel 315 /ND/AN RIVER COUNTY (6790 69th STREET) A TRUE 00" ;:ERTTIFICATIOW ON LAST PAGE -- - - J.R. 3M", CLERK LESS NORTH 661 FEET v � J Y N F- U W r INDIAN RIVER FARMS COMPANY PO 32-39-06-00001-0150-00004.0 w Tract 16 32-39-06-00001-0160-00003.0 u ALEXANDRA VAN DER REST Z (PBS 2, PGE 25) LEONARDO AND MARIA MANDINA ° al SITE ADDRESS: 6830 69th STREET D SITE ADDRESS: 6730 69th STREET O.R.B. 2720, PG. 1060 F I Q 32-39-06-00001-0160-00001.0 I O.R.B. 1932, PG. 1875 < F- FRANKLIN AND DONNA TATE I j W SITE ADDRESS: 6780 69th STREET '- W Z O.R.B. 2119, PG. 1893 I i EAST 20' FOR a INGRESS/EGRESS w EASEMENT __________________________________________ WEST 10 ACRES TRACT 16 i N 10' WADE TEMPORARY A FO CONSTRUCTION ° ~ EASEMENT I (3,292 Sq. Ft.f) NORTH 10' OF Q THE SOUTH 110' I ~I — -- — —MURPHY RESERVATION LINE — _ _ v i — o Q ^� ROPOSED ' 0i PARCEL 315 to 69th STREET SOUTH UNE OF THE SOUTHEAST 1/4 SECTION 6 — — — _(NORTH WINTER BEACH ROAD) AND SOUTH UNE TRACK 16_ ul .Il C. ^.D• NORTH LINE OF THE NORTHEAST 1/4 SECTION 7 SUB LATERAL A-13 � a —1I.p.a�. — — — — — Z 2 rn 5 0 NOT TO SCALE 32-39-07-00001-0010-00008.0 STUART AND HELEN SHAFER SITE ADDRESS: 6850 CARSONS TRAIL DRIVE O.R.B. 1502, PG. 2395 ul Legend and Abbreviations C.R. = COUNTY ROAD PBS = PLAT BOOK ST. LUCI I.R.F.W.C.D. = INDIAN RIVER FARMS A =DELTAANGLE WATER CONTROL DISTRICT SQ. FT. = SQUARE FEET L = LENGTH OF ARC R = RANGE LLC = LIMITED LIABILITY COMPANY R/W = RIGHT -0F -WAY O.R.B. = OFFICIAL RECORD BOOK T = TOWNSHIP (P) = PLAT P.B. = PLAT BOOK PROVIDED IN ITS ENTIRETY CONSISTING OF 2 SHEETS PGE =PAGE AULNUY: SND/AN R/VER COUNTY, FL PURL/C WORKS DEPT./ENG/NEER/NG D/I! DATE: 10DRAWN BY: /31/17 R. /NGLETT SCALE: APPROVED BY: N/A D. S/LON SHEET: 2 OF 2 OB N0: 1505 This is not a Bounda Sketch and L ega/ Description fora Parcel 315 /ND/AN RIVER COUNTY (6790 69th STREET)