Loading...
HomeMy WebLinkAbout2018-107AGREEMENT TO PURCHASE AND SELL REAL ESTATE BETWEEN INDIAN RIVER COUNTY AND GARY M. RUST & LINDA M. RUST THIS AGREEMENT TO PURCHASE AND SELL REAL ESTATE ("Agreement") is made and entered into as of the 12 day of June , 2018, by and between Indian River County, a political subdivision of the State of Florida ("the County"), and Gary M. Rust and Linda M. Rust ("the Seller) who agree as follows: WHEREAS, Seller owns property located at 6680 65th Street, 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 1,191 square feet or 0.03 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 6680 65th Street, Vero Beach, FL and more specifically described in the legal description attached as Exhibit "B", fee simple, containing approximately 1,191 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 $3,000.00 (Three Thousand and 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. 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. 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 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. Closinq 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 their successors and assigns. 4 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: Gary M. Rust & Linda M. Rust 9/4/ 'forcEss A4 oo If to County: Indian River County M� 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. I IN WITNESS WHEREOF, the undersigned have executed this Agreement as of the date first set forth above. • INDIAN RIVER COUNTY, FOA BO, RD OF COUNTY COWISSI E��% Peter D. O'Bryan, Chair ::�, „ ` Gary M. R st Date Approved by BCC June 12, 2018'Y. / a M. Rust Date ATTEST: Jeffrey R. Smith, Clerk of Court and Com tr ler B : �- Y Deputy Clerk Jason V. Brj wn, County Administrator Approved as to Form and Leg sufficiency: William K. DeBraal, Deputy County Attorney 6 EXHIBIT "A" The West 10 acres of the East 30 acres of Tract 8, Section 7, Township 32 South, Range 39 East, according to the last general plat of lands of the Indian River Farms Co., filed in Plat Book 2, Page 25, Public Records of St. Lucie County, Florida, now Indian River County, Florida, less the South 60 feet thereof for road Right of way and also less the East 266.35 feet of the South 770.4 feet of the above described parcel. Commonly known as: 6680 65th Street, Vero Beach, FL 32967 Parcel ID Number: 32-39-07-00002-0000-00001.0 7 1 O N 3 K 0 F a U 0) -P -X C,4 00 N is pmt cm r.rn n Mc� on m W z�n mD zD m Z �D zD- o-1, U)cu <M I I 0 MoD U)N Xmo h CD CA M (n p 0 � o I O 0 D O ri rn z;0z Z o_ D O M � o rpt p I IT l I-- pmD C� �F M :c m x z r c 0M XOM Cm =0 DDN z = �O G0 =rO< Or rA ;=DD ODO D Z >M_ or O 0n��0STN ��0 x rn0M;;u0 0ZDZ CA- 0 c M OOCA o � < Z O Iz ISO O GD70x XM,, 00 >0 Dx 0 < m T DC7 D M 0 -<n� m 0 O y O� m fTl= (n O Z C JON p or -O pm �- [n O D D � c Ln rI m -1 O < EAST LINE � o cn� 71 00 Z y TRACT 7 m o�-uMzo x�x �O rMg 0 m WEST LINE m �Mw>m ajM o> 90 0 O O o 0 TRACT 8 --1 �m�-iy O�� M O� z m D I �0N 0--i )Zv'-� V)OOz 00 o> c) I I I (00 0 m omo , om me < `° 0 D p o ,Z07 (10 O I II -DO00 O f71rnLO o(OK U'o D (Ji Opp C0 >00r -Mn NOC -U:�l O 07 O N M 0D0 -1 -D--1 -0 UD M I,. Ln N w <pLn O y- O O W W m�-i0�1 G0S C0 L- p �C�� mp MO J nOnZCO NZ n� O ;u0Mp-{ Om Cn x M- O (n Cb C A O _q cilO -0o m C) G') C0< (n0 V) I 18 x W LD N D N z -i Cm0 m rD rn nCm�O Mm ZZ -+ -v O� -o � m n w co m e m- Z z C) g c) = 0 0 0 I 0 Cn I-DOa O Z C ITI p Ln _ V Z7 M W C0 I z -I I rn � . SOD U) (mn j z ZDC� " I� poi , D xMM D Z p nT '-uO�vv xo -u-vm n �-� C �� N��'=-D S2D 0-u m� ,m = o o= o 0 0 n Z o -iz Oo�w z -i z� �O D -I -I -+ D 0 M � p d O �Cx7 rnD�N �- :<m Zy r 0 0 0 O h m -�-{I Z z �7 m -1-100 t�ilz�0 mz mr -I x Z D -C --i r O I O I h o c � G0 r D C M g CA C-) * A C C z I� �-O-{ cN� <7I�2 C-)­1�� o z C m m m w� In I --il I "D� m0Z> z� D0 CA NO�ZO it Z m O� (010 Z O DOD m� -IZ rJrn :v O C p 0clq -I Cn I I- Z7 (n N 0 N r -rim f l O Z D o>00 v D Cmc �� rn U(D pD o O � _ N� '< �x �O Z z (Xmo C I �m> ul z 20 [1 aoaLao �'y Om rrl I pn vj• 71 Cb3 0, o sa d D II I 0 MlLn J _ Q o " Z PROPOSED RIGHT OF WAY tL co�aO m 2 5 280 ty b ro "� 4 W b� b jD O 1 n1 N• Z O O C Lo1— o AVENUE (C.R. 5_05)- t IS OF BEARINGS N00'00'25"E 4 n' Q ••. 4 — — — — — o o c"o WEST LINE SECTION 8 8 U O m Aja n n g o °�o I I r O 0 Q �Q. 0 ��ZI a o�0'-1�.ti• o � � a BC's 1'-200' DATE SHEET NUMBER DESIGNED BY PCS Kirk eu*Horn 1/12/17 LEGAL DESCRIPTION AND SKETCH OF DRAWN BYPC ©2017 KIMLEY-HORN AND ASSOCIATES, INC, PARCEL 306 1 OF 1 CHECKED BY ECD 440 24111 STREET, SUITE 2D0, VEAD BEACH, FL 32900 PROJECT N0• INDIAN RIVER COUNTY FLORIDA PHONE: 772-794-4100 FAK' 772-794-4130 047035041 , WWW.KIMLEY-HDRN.CCM M 00 TCE — 6611 Avenue Roadway Widening - Project #1505 PID# 32-39-07-00002-0000-00001.0 Project 1505 - Parcel #306 — Gary M. Rust & Linda M. Rust 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 o) 1' day of MAY , 2018, by Gary M. Rust and Linda M. Rust whose address is 823 Orange Park Avenue, Lakeland, FL 33801 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 THREE THOUSAND DOLLARS 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 Signature A Printed Name:ary 15isn2r Witness Signature Ate. Printed Name: mar� E, STATE OF FLORIDA} COUNTY OF } Grantor Signature '.1 64.4� Printed Name: Gary . Rus Grantor Signature Printed Name: Ando M. Rust The foregoing instrument was acknowledged before me this —' day of 2018, by Gary M. Rust and Linda M. Rust, he/she is personally known to me br produced driver's license as identification. r 'n Sign Printed name & Commission # lic o,00"ue,, CANDACENICHOLERUEDA Approved as to Form and Legal Sufficiency: MY COMMISSION # GG 005738 !e0 EXPIRES: June 26, 2020 Ci FF%., Bonded Thn Budget Notary Smyes County Attorney Sketch and L ega/ Description for./ND/AN RIVER COUNTY Legal Description (Temporary Construction Easement 306) BEING THE NORTH 10.0 FEET OF THE SOUTH 90.0 FEET OF THE FOLLOWING DESCRIBED PARCEL, AS RECORDED IN OFFICIAL RECORD BOOK 2938, PAGE 2400, PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA. SAID PARCEL BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: PARCEL 1 AFFIDAVIT OF EXEMPTION FROM SUBDIVISION IMPROVEMENTS WITH A PLAT FILING FOR GORE, AS RECORDED IN OFFICIAL RECORD BOOK 1905, PAGE 72, PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: THE WEST 10 ACRES OF THE EAST 30 ACRES OF TRACT 8, SECTION 7, TOWNSHIP 32 SOUTH, RANGE 39 EAST, ACCORDING TO THE LAST GENERAL PLAT OF LANDS OF THE INDIAN RIVER FARMS COMPANY FILED IN PLAT BOOK 2, PAGE 25, PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA, NOW INDIAN RIVER COUNTY, FLORIDA, LESS THE SOUTH 60 FEET THEREOF FOR ROAD RIGHT OF WAY, AND ALSO LESS THE EAST 266.35 FEET OF THE SOUTH 770.04 FEET OF THE ABOVE DESCRIBED PARCEL. CONTAINING 596 SQUARE FEET (0.01 ACRES), MORE OR LESS EXHIBIT "C" Surveyor's Notes 1). This Sketch and Legal Description was prepared with the benefit of a Sketch and Legal Description prepared by Kimley Horn for Indian River County , Job No. 1505, Dated January 12, 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 R/W = RIGHT-OF-WAY T = TOWNSHIP 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 z SHOWN AND DESCRIBED HEREON WAS COMPLETED UNDER MY DIRECTION AND SAID N SKETCH AND LEGAL IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE AND 2 BELIEF. z z I FURTHER CERTIFY THAT THIS SKETCH AND DESCRIPTION MEETS THE STANDARDS OF PRACTICE FOR SURVEYS SET FORTH BY THE FLORIDA PROFESSIONAL BOARD OF SURVEYORS AND MAPPERS IN CHAPTER 5J-17.052 FLORIDA ADMINISTRATIVE CODE, PURSU NT TO SECTION 472.027 FLORIDA STATE ST TU ES. DA1k OF SIGNATURE DAVID C;H YVER PROFESSIONAL SURVEYOR AND MAPPER FLORIDA CERTIFICATE NO. 4864 AGENCY: INDIAN RIVER COUNTY, FL PUNIC WORKS DEPT./ENG/NEER/NG D/I! DATE: DRAWN BY: 4/24/18 R. /NGLETT SCALE: APPROVED BY: N/A A SCHRYVf SHEET: JOB NO: 1 OF 2 1505 Sketch ano' L e pal DescriptIon for. /ND/AN RIVER COUNTY (6680 65th STREET) Sketch ano' L ega/ Description for /ND/AN RIVER COUNTY i i WEST 10 ACRES OF EAST 30 ACRES TRACT 8 ; i ---------------------------------------------------- ------ i i INDIAN RIVER FARMS COMPANY , Tract 8 (PBS 2, PGE 25) 32-39-07-00001-0080-00001.0 32-39-07-00002-0000-00002.0 ' EICHELBERGER EUGENE M SCHEEFER ROBERT K. AND LINDA J ; SITE ADDRESS: 6700 65th STREET SITE ADDRESS: 6650 65th STREET O.R.B. 1815, PG. 2397 O.R.B. 2906, PG. 2381 PARCEL 1 I PARCEL 2 0 32-39-07-00002-0000-00001.0 n RUST GARY M. AND LINDA M 7 SITE ADDRESS: 6680 65th STREET N O.R.B. 2938, PG. 2400 ISI�II` EAST 266.35' , ----------------------------------------------------------- i i PROPOSED NORTH 10' TEMPORARY CONSTRUCTION _ _ EASEMENT 306 i 596 Sq.Ftt 30 R.B. 190 PAGE 66 f — o n —SOUTH—LINE—OF THE NORTHEAST 1/4 SECTION 7 o AND SOUTH LINE TRACK 8 o to i 65th STREE (SOUTH WINTER BEACH ROAD) SUB—LATERAL A-12 CANAL n RIGHT OF WAY UNE Legend and Abbreviations C.R. = COUNTY ROAD PBS = PLAT BOOK ST. LUCIE I.R.F.W.C.D. = INDIAN RIVER FARMS A =DELTA ANGLE WATER CONTROL DISTRICT SQ. FT. = SQUARE FEET 17 L = LENGTH OF ARC R = RANGE LLC = LIMITED LIABILITY COMPANY R/W = RIGHT-OF-WAY NN O.R.B. = OFFICIAL RECORD BOOK T = TOWNSHIP (P) = PLAT P.B. = PLAT BOOK NOT TO SCALE PGE = PAGE AGENCY: INDIAN RIVER COUNTY, FL PUBLIC WORKS DEPT./ENG/NEER/NG 011! 4/24/18 SCALE: N/A SHEET: 2 OF 2 VN tfY: R. /NOLETT 20VED BY: D. SCHRYVEI NO: 1505 0 n u 0 a I 0 n Sketch ano' L ega/Description for. /ND/AN RIVER COUNTY (6680 65117 STREET