HomeMy WebLinkAbout2018-278AGREEMENT TO PURCHASE AND SELL REAL ESTATE
BETWEEN INDIAN RIVER COUNTY
AND
ROBERT K. SCHEEFER AND LINDA A. SCHEEFER
THIS AGREEMENT TO PURCHASEAND SELL REAL ESTATE ("Agreement") is
made and entered into as of the 11 day of December , 2018, by and between Indian
River County; a political subdivision of the State of Florida'("the County"), and Robert K.
Scheefer and LindaA-: Scheefer ("the Seller) who agree as_follows:
WHEREAS, Seller owns property located at 6650 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 5,327 square feet or 0.12 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.6650 65th Street, Vero,
Beach, FL and more specifically described in the legal description attached as Exhibit "B",
fee simple, containing approximately 5,32.7 square feet, all improvements thereon, together
with all easements, rights and uses now or hereafter belonging thereto (collectively, the
"Property„)
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2.1 Purchase Price,Effective Date. The purchase price ("Purchase .Price") for the
Property shall be $15,000.00 (Fifteen Thousand and 00/100 Dollars) plus $1,500.00 will be.
paid for a 10 foot Temporary ,Construction Easement as described on Exhibit "C" attached,
and $1,750.00 in attorney's fees. The total paid on the Closing Date will be $18,250:00.
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 ata formal meeting of such Board or by the County Administrator pursuant
to'his delegated authority.
2.2 The Seller agrees that the purchase price ("Purchase Price") of $15,000.00 will
cover all project impacts including relocation of the irrigation system.
2.3 The Seller will relocate the fence within 60 days' notice that the County has,gone out
to bid on the 66th Avenue road improvements.
2.4 At the time of road construction; the County.will install.a 24' wide concrete driveway
to seller's property, a copy of the construction plans showing the 24' enlarged driveway are
attached to this Agreement as Exhibit "D".
2.5 The County will issue a zoning confirmation letter in recordable form stating that the
remaining property after the take, although less than 200,000 sq. ft. is a legal lot in the A-1
zoning district.
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
. 2
sole owner of .and has; good right, title, and authority to convey and transfer the Property
which is the subject matte_ r 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 writtennotice
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 t6the, 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.
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(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. 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.' .
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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 he shall be binding upon and shall :inure to the benefit of the parties hereto and
their successors and assigns.
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: Robert & Linda Scheefer
69 Beaver Pond Way
Saranac Lake, NY -12983
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
_ - 5
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.
INDIAN RIVER COUNTY, F4iQPZID '
BOARD OF COUNTY COMISI
�''• f ' ° Robert K. Schaefer
Bob Solari, Chairman
��r�ri'r, ' •• ate
Approved by BCC December 11, 2018. ��� H
Linda-M-SchoWer Date .
ATTEST:'
Jeffrey R. Smith, Clerk of Court and
Comptroller
BY�.
Deputy Clerk
Jason own, Cou Administrator
Approv as to Form an L a iciency:
William K. DeBraal, Deputy County Attorney..
6
EXHIBIT "A"
Affidavit :of� ExeMption from. Subdivis .on 3m zi3c8 remgmts w tga a Plat
fi] ang €or Gore,, as .r®cordec3 in Offs:cial :Records Boo]e 1'905, Pag® 72,
Publs.c Records of, In4±An 'River County, Florida; mor® particularly
dascrali�ci as:. £ollo�s
The South. 77.0 _ `feat of the East 265.35 feet o£ the £ollowIng
described p_arcal,:
The West 1Q ;aeras o£ the Esst 30 acres oE• T=Adt .S>, Section ,•7,;
Township 3Z South:, pmnge 39 Eas.t•, according to the lases general plat
of IAd* o£ the Indian River Farms Cc . ; filed in Plat laonic 2, Pago
25., Pub.13C Records of St. I6uci® County, :Pintids, .;novr Iadgan Rivo=
Ppunty, Florida, '1ess: •tile South 60 feet, thereto£ for road Right. of
pray..
Commonly known as: 6650 65th Street, Vero Beach, FL 32967
Parcel ID Number: 32-39-07-00002-0000-00002.0
7
N
W'�'TE
S
TRACT 7
_ L60'
0 200' 400'
GRAPHIC SCALE 200'
EXHIBIT "B"
LEGAL DESCRIPTION
RIGHT OF WAY PARCEL
THE NORTH 20.00 FEET OF THE SOUTH 80 FEET OF THE FOLLOWING DESCRIBED PARCEL AS
RECORDED IN OFFICIAL RECORDS BOOK 1998, PAGE 624, PUBLIC RECORDS OF INDIAN RIVER
COUNTY, FLORIDA.
PARCEL 2 AFFIDAVIT OF EXEMPTION FROM SUBDIVISION IMPROVEMENTS WITH A PLAT FILING FOR
GORE, AS RECORDED IN OFFICIAL RECORDS BOOK 1905, PAGE 72, PUBLIC RECORDS OF INDIAN
RIVER COUNTY, FLORIDA, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
THE SOUTH 770.4 OF THE EAST 266.35 FEET OF THE FOLLOWING DESCRIBED PARCEL
THE WEST 10 ACRES OF THE EAST 30 ACRES OF TRACT B, 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,
CONTAINING 5,327 SQUARE FEET OR 0.12 ACRES, MORE OR LESS.
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PROPOSED 50'
RIGHT OF WAY _ —
65th STREET �2D'
— 60'—
SURVEYORS NOTES _ PROPOSED RIGHT OF WAY
1) THIS IS A SKETCH OF LEGAL DESCRIPTION ONLY, NOT A BOUNDARY
RETRACEMENT SURVEY. —
2) THE BEARING BASE FOR THIS SURVEY, IS THE WEST LINE OF SECTION
8. SAID LINE BEARS NORTH 00'00'25" EAST.
3) THE SCALE OF THIS DRAWING MAY HAVE BEEN DISTORTED DURING
REPRODUCTION PROCESSES.
4).' -THIS DRAWING IS BASED ON THE PRELIMINARY RIGHT OF WAY MAP FOR
66TH AVENUE PREPARED BY BURDETTE AND ASSOCIATES, DATED 10-10-06, AS
DIRECTED BY INDIAN RIVER COUNTY, FLORIDA.
TRACT"
32390700002
0000000020
ORB 1998; PG 624
5,327 SQ.FT.
0.12 ACRES
INDIAN RIVER FARMS CO.
PLAT BOOK 2, PAGE 25
(ST. LUCIE)
}¢
66th AVENUE
PARCEL 307
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DEDICATION
Board of Professional Surveyors and Mappers in Chapter 5J-17, fiorfda
Administrative Cade pursuant to Section 472.027, Rarlda Statute4 and-
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CORNER SECTION 7L
that this drawing is a true and accurate representation thereof to the
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TEMPORARY CONSTRUCTION
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R/W MAP SECT.
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LEGEND 88530-2250
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PROPERTY LINE
This certifies that a legal description and sketch of the property shown
hereon was chat this
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made under my supervision and legal description
and sketch meets the standards of practice set forth by the Florida
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DEDICATION
Board of Professional Surveyors and Mappers in Chapter 5J-17, fiorfda
Administrative Cade pursuant to Section 472.027, Rarlda Statute4 and-
- —
RIGHT OF WAY LINE
that this drawing is a true and accurate representation thereof to the
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P.O.C.
POINT OF COMMENCEMENT
best of my knowledge and belief. Subject to notes and notations shown
hereon.
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RIGHT OF WAY
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Not valid without thesignature and the original raised seal of a t7orido
licensed surveyor and mapper.
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Crowing name: K:\VR0_Sur y\INDIAN RIVER C0\68TH AVMUE\2017-0112 – Revised Per IRC\PARCEL 307–RAW9 3U7 Jon 13, 2017 2:15pm by. OommlaDum
TCE — 66th Avenue Roadway Widening - Project #1505
PIN 32-39-07-00002-0000-'00002.0
Project 1505 - Parcel #307 — Robert K. Scheefer & Linda A. Scheefer
Prepared by and return to: IRC -PW -mf -
1801 27th Street, Vero Beach, FL,32960-3388
TEMPORARY CONSTRUCTION EASEMENT
`This. TEMPORARY CONSTRUCTION EASEMENT,, made and executed this'd day of
Mab 2018, by Robert K. Scheefer. & Linda Scheefer whose address is 69
Beaver Pond Way, Saranac, N.Y.'„ 12983 hereinafter called GRANTOR to...lndian- 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 FIFTHTEEN HUNDRED DOLLARS
and other consideration,' receipt of which, is hereby acknowledged, .does- hereby grant unto
thea 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 Grantor Signatur
Printed Name: eu �i2.Pr�' p �` Printed Name: Robert K. Scheef
Witness SignaturGrantor Signature
Printed Name: �, Dc_-tic-&V_�M Printed Name: Linda, Sch fer
STATE OF FLO&_. .p} }
COUNTY OF:T4;4A giar)
The foregoing instrument was acknowledged before me this 26"�`day of
2018, by Robert K. Scheefer & Linda A. Scheefer, he/she. is personally known to me or
produced, driver's license as i K
�i
Sig
Not ubllc
Printed name & Commi ioh # ••�
Menem
Approved as to Form. n Leg I Sufficiency:
CrAmdi
County Attorney
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Sketch and Lega/Description for.INDIANR/VER COUNTY
Legal Description (Temporary Construction Easement 307)
BEING THE NORTH 10.0 FEET OF THE SOUTH 90.0 FEET OF THE FOLLOWING DESCRIBED PARCEL, AS RECORDED
IN OFFICIAL RECORD BOOK 2906, PAGE 2381, PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA. SAID
PARCEL BEING, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
PARCEL 2 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 SOUTH 770.40 FEET OF THE EAST 266.35 FEET OF THE FOLLOWING DESCRIBED PARCEL: rn
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 M
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. a
CONTAINING 2664 SQUARE FEET (0.06 ACRES), MORE OR LESS
EXHIBIT "C"
Surveyor's Notes z
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. s
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
RNV
= 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
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 BOARD.OF
SURVEYORS AND MAPPERS IN CHAPTER 5J-17.052 FOAVID."MHTER ADMINISTRATIVE CODE,
PURSUANT TO SECTION ,472.027 FLORIDA STATE STA
i
DAT OF SIGNATURE
PROFESSIONAL SURVEYAND MAPPER
FLORIDA CERTIFICATE NO. 4864
AGENCY: IND/AN RIVER COUNTY, FL
Pusuc WORKS DEPT./ENG/NEER/NG D/V
4/24/18 v R. 1NGLE7T
APPROVED BY:
NIA D. SCh RYV,V
JOB NO:
1 OF 2 1505
Sketch and Lega/Description
for.
INDIAN RIVER COUNTY
(6650 65t17 STREET)
a
Sketch and Leg,91 Description fora INDIAN RIVER COUNTY
AGENCY: INDIAN R/VER COUNTY,. FL
PUBLIC WORKS DEPT./ENG/NEER/NG D/V SA -etch and L e1gcgl Desalpt%on
DATE: DRAWN BY: for.,
R. /NGLETT
SCALE:N/A APPROVED 0.SCHRYVER INDIAN RIVER COUNTY
SHEET: 2 OF 2 OB. NO: 1505 (6650 65t17 STREET)
Legend and Abbreviations
C.R.
WEST
10 ACRES OF EAST 30 ACRES TRACT 8'
I.R.F.W.C.D. = INDIAN RIVER FARMS
�--------------------------------------------------------------------------
WATER CONTROL DISTRICT
i
o1O RIGHT OF WAY UNE
i
R =.RANGE
INDIAN RIVER FARMS COMPANY
,
uh
i
Tract 8
= OFFICIAL RECORD BOOK
,
(PBS 2, PGE 25)
�io
65th STREET
;
,
,'
P.B.
32-39-07-00001-0080-00001.0
32-39-07-00002-0000-00002.0
n'
EICHELBERGER EUGENE M
SCHEEFER ROBERT K. AND LINDA J
`
SITE ADDRESS: 6700 65th STREET
SITE ADDRESS: 6650 65th STREET
i
O.R.B. 1815, PG. 2397
O.R.B. 2906, PG. 2381
PARCEL I I
PARCEL 2
0
32-39-07-00002-0000-00001.0
RIGHT OF WAY UNE
�`�•
RUST GARY M. AND UNDA M
SITE ADDRESS: 6680 65th STREET
O.R.B. 2938, PG. 2400
EAST 266.35'
--------------------__
-------------- ---PROPOSED -------------------- �-------
'
TEMPORARY CONS_TRUCTION
�
EASEMENT 307
2664 Sq.Ftf
NORTH 10'7
i
,
AGENCY: INDIAN R/VER COUNTY,. FL
PUBLIC WORKS DEPT./ENG/NEER/NG D/V SA -etch and L e1gcgl Desalpt%on
DATE: DRAWN BY: for.,
R. /NGLETT
SCALE:N/A APPROVED 0.SCHRYVER INDIAN RIVER COUNTY
SHEET: 2 OF 2 OB. NO: 1505 (6650 65t17 STREET)
Legend and Abbreviations
C.R.
= COUNTY ROAD
PBS = PLAT BOOK ST. LUCIE
I.R.F.W.C.D. = INDIAN RIVER FARMS
0 =DELTA ANGLE
WATER CONTROL DISTRICT
of
o1O RIGHT OF WAY UNE
i
R =.RANGE
— _ — RIGHT OF WAY UNE
,
uh
Mme i
a i .
i
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PUBLIC WORKS DEPT./ENG/NEER/NG D/V SA -etch and L e1gcgl Desalpt%on
DATE: DRAWN BY: for.,
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SCALE:N/A APPROVED 0.SCHRYVER INDIAN RIVER COUNTY
SHEET: 2 OF 2 OB. NO: 1505 (6650 65t17 STREET)
Legend and Abbreviations
C.R.
= COUNTY ROAD
PBS = PLAT BOOK ST. LUCIE
I.R.F.W.C.D. = INDIAN RIVER FARMS
0 =DELTA ANGLE
WATER CONTROL DISTRICT
SQ. FT. = SQUARE FEET
L
= LENGTH OF ARC
R =.RANGE
LLC
= LIMITED. LIABILITY COMPANY
RMI = RIGHT-OF-WAY
O.R.B.
= OFFICIAL RECORD BOOK
T = TOWNSHIP
(P)
= PLAT
P.B.
= PLAT BOOK
NOT TO SCALE PGE
= PAGE
AGENCY: INDIAN R/VER COUNTY,. FL
PUBLIC WORKS DEPT./ENG/NEER/NG D/V SA -etch and L e1gcgl Desalpt%on
DATE: DRAWN BY: for.,
R. /NGLETT
SCALE:N/A APPROVED 0.SCHRYVER INDIAN RIVER COUNTY
SHEET: 2 OF 2 OB. NO: 1505 (6650 65t17 STREET)
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3120190022666 PUBLIC RECORDS
OF
RECOREY R SMITH,
JEFFCLERK OF COURT
INDIAN RIVER COUNTY FL
BK: 3200 PG- 2300age 5 00 1 of 3 4!1712019 1:52 PM
D DOCTAXD
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.: 49084349
Property Appraisers Parcel Identification (Folio) Number: Portion of 32-39-07-00002-0000-00002.0
Florida Documentary Stamps in the amount of $105.00 have been paid hereon.
Space above this line for Recording Data
WARRANTY DEED
THIS WARRANTY DEED, made the R_ day of April, 2019, by Robert K. Scheefer and Linda J. Scheefer,
husband and wife, whose post office address is 6650 65th Street, Vero Beach, FL 32967, 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, FL 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 sum of Fifteen Thousand and 00/100
($15,000.00) 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.:
The North 20 feet of the South 80 feet of the following described property:
Affidavit of Exemption from Subdivision Improvements with a Plat filing for Gore, as recorded in
Official Records Book 1905, Page 72, Public Records of Indian River County, Florida, more particularly
described as follows:
The South 770.4 feet of the East 266.35 feet of the following described Parcel:
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.
Subject to easements, restrictions and reservations of record and taxes for the year 2019 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, 2018.
File No.: 49084349
LTF
IN WITNESS WHEREOF, the said Grantors have signed and sealed these presents the day and year first above
written.
Signed, sealed and delivered in the pre nce of:
Witness 1Signature
100 GL
W' s #1 Printed Name
tnes igna re C
(�e`e �—
Witness #2 Printed Name
State of Florida
County of Indian River
K.Srheefer
Linda J. Scheefer
(Seal)
The foregoing instrument was acknowledged before me this Ct day of April, 2019, by Robert K. Scheefer and Linda
J. Scheefer, who are personally known to me or have produced as identification.
SEAL
My Commission Expires:
File No.: 49084349
A
12-0. - MMIOR
Printed Notary Name
N
WE
S
TRACY' 7
9 21P d09
otl�c.��zon
EXHIBIT "B"
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AVENU! VIG T FS n A cEL t 1 1 .307
1HE NORTH 2O.DO FEET OF THE SOUTH 80 FEET OF THE FOLLOWING DESCRIBED PARCEL AS III I
RECORDED IN OFFICIAL RECORDS 800K 1998, PAGE 624, PUBLIC RECORDS OF INDIAN RIVER Ldi
m
COUNTY, FLORIDA. €S$
+C3
SUBDIVISION 2 AFFIDAVIT OF EXEMPTION FROM SUBDSION IMPROVEMENTS WITH A PLAT FILING FOR >
GORE. AS RECORDED IH OFFICIAL RECORDS BOOK 1905, PAGE 72, PUBLIC RECORDS OF INDIAN 4' = o
RIVER COUNTY, FLORIDA, MORE PARTICULARLY DESCRIBED AS FOLLOWS. Lo U tiF 0
THE -SOUTH 770.4 OF THE EAST 268.35 FEET OF TNF FOLLOWING DESCRIBED PARCEL
8 • ? + I= Q
THE WEST 10 ACRES OF THE EAST 30 ACRES OF ?RAC' , SECTION 7, TOYMSHIP 32 SOUTH, is z W O
RANGE 39 EAST, ACCORDING TO THE LAST GENERAL PLAT OF LANDS OF THE INDIAN RIVER FARMS
COMPANY FILED IN PLAT BOOK 2. PACE 25, PUBLIC RECORDS OF ST. LUNE COUNTY, FLORIDA, I lll
CONTAINING 5,327 SOLIARE FEET OR 0.12 -ACRES, MORE OR LESS.
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2) THE BEARING I3A.SE FOR TIMS SURVEY, IS 11HE WEST LINE CF SECTION
8. SAID LINE HEARS NORTH 00.09'25" !AST.
3) THE SCALE CF THIS DRAWING MAY RAVE BEEN DISTORTED DURING
REPRODUCTION PROCESSES.
`4) • -74S DRAWING !S BASED CN Twg PRMIAINARY RIGHT OF WAY MAP FOR
86',iH AVENUE PREPARED BY DURDETIE AND ASSOCIATES, DATED 10-10-06, AS
DIRECTED BY INDIAN RIVER COUNTY. FLORIDA.
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WESTC�OAR
POLICY NO.
O P -25-F L 1394-7549947
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 -
1.
f1. 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 Comoanv.
Issued By: FL1394 * 49084349
WESTCOR LAND TITLE INSURANCE COMPANY
Atlantic Coastal Land Title Company, LLC
By:
Q t0�
855 21st Street, Suite C t` wS""
Vero Beach, rL 32960y SEALS xesi.de t
`?��
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 I 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 (a) created, suffered, assumed, or agreed to by the Insured
of this policy, and the Company will not pay loss or damage, costs, Claimant;
attorneys' fees, or expenses that arise by reason of (b) not Known to the Company, not recorded in the Public Re -
1. (a) Any law, ordinance, permit, or governmental regulation cords at Date of Policy, but Known to the Insured Claimant
(including those relating to building and zoning) restricting, regulat- and not disclosed in writing to the Company by the Insured
ing, prohibiting, or relating to Claimant prior to the date the Insured Claimant became an
Insured under this policy;
(i) the occupancy, use, or enjoyment of the Land; (c) resulting in no loss or damage to the Insured Claimant;
(ii) the character, dimensions, or location of any improve-
ment erected on the Land; (d) attaching or created subsequent to Date of Policy; or
(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.
(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 of the 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.
2. Rights of eminent domain. This Exclusion does not modify or 5. Any lien on the Title for real estate taxes or assessments imposed
limit the coverage provided under Covered Risk 7 or 8. by governmental authority and created or attaching between
Date of Policy and the date of recording of the deed or other
3. Defects, liens, encumbrances, adverse claims, or other matters 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) (NLTIC Edition 12/1/17) Page 2
CONDITIONS
1. DEFINITION OF TERMS
The following tens 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 of actual 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.
0) "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 o inion b dtra bl
F tray a necessary or esa to
establish the Title, as insured, or to prevent or reduce loss or
damage to the Insured. The Company may take any appropri-
ate action under the terms of this policy, whether or not it shall
be liable to the Insured. The exercise of these rights shall not
b dm' ' f 1' b'1' f
or tender payment of the Amount of Insurance 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 or tender of payment and that the
Company is obligated to pay.
e an a tsston o to t tty or watver o any provtston 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. If the 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
pennission 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,
attomeys' 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
trade 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 Poliev 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 shal I
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
OWNER'S POLICY OF
'TITLE INSURANCE
(With Florida
Modifications)
WESTCOR
LAND TITLE
INSURANCE COMPANY
OWNER'S POLICY
OF
TITLE INSURANCE
HOME OFFICE
875 Concourse Parkway South, Suite 200
Maitland, FL 32751
Telephone: (407) 629-5842
ALTA 6-17-06 OWNER'S POLICY (WITH FLORIDA MODIFICATIONS)
SCHEDULE A
File Number: Policy Number: Date of Policy: Premium: Amount of Insurance:
49084349 OP-25-FL1394- 4/17/2019@1:52 PM $100.00 $15,000.00
7549947
Property Type:
State: Florida, County: INDIAN RIVER
Address Reference: Portion of 6650 65th Street, Vero Beach, FL 32967
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:
The North 20 feet of the South 80 feet of the following described property:
Affidavit of Exemption from Subdivision Improvements with a Plat filing for Gore, as recorded
in Official Records Book 1905, Page 72, Public Records of Indian River County, Florida, more
particularly described as follows:
The South 770.4 feet of the East 266.35 feet of the following described Parcel:
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.
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
Atlantin rnactal I and Title rmmnanv 1 1 r
ALTA 6-17-06 OWNER'S POLICY (WITH FLORIDA MODIFICATIONS
Policy No. OP-25-FL1394-7549947
File No.: 49084349
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 2019 and subsequent years, which are not yet due and payable.
6. 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.
7. Restrictions. covenants, condition, reservations and easements (deleting therefrom restrictions indicating
any preference, limitation or discrimination based on race, color, religion, sex, handicap, familial status or
national origin), recorded in Official Records Book 1905, Page 69, of the Public Records of Indian River
County, Florida.
8. Affidavit of Exemption from Subdivision Improvements without a plat filing as recorded in Official Records
Book 1905, Page 72, of the Public Records of Indian River County, Florida.
9. Limited Access Easement(s) in favor of Indian River County recorded in Official Records Book 1905, Page
78, of the Public Records of Indian River County, Florida.
10. Easement(s) in favor of Florida Power and Light Company recorded in Official Records Book 2921, Page
1569, of the Public Records of Indian River County, Florida.
11. Acknowledgement of Contiguous Sustainable Agriculture Land as recorded in Official Records Book 2952,
Page 1529, of the Public Records of Indian River County, Florida. Actual acreage is neither insured nor
guaranteed.
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. 49084349
A. Settlement Statement U.S. Department of Housing
and Urban Development OMB Approval No. 2502-0265
B. Type of Loan
1. ❑ FHA 2. L1 RHS 3 Conv. Unins. 6. File Number
4. ElVA 5. EIConv. Ins. 49084349
7. Loan Number 6. Mortgage Insurance Case Number
C. Note: This form is fumished 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 E. Name and Address of Seller F. Name and Address of Lender
Indian River County, a political subdivision of the State of Florida Robert K. Scheefer
1801 27th Street Linda J. Schaefer
Vero Beach, Florida 32960 6650 65th Street
Vero Beach, Florida 32967
G. Property Location
Portion of 6650 65th Street
Vero Beach, Florida 32967
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 at Street
Suite C
Vero Beach, Florida 32960
1. Settlement Date
04/11/19
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 15,000.00
401. Contract sales price
15,000.00
102. Personal property
402. Personal property
103. Settlement charges to borrower line 1400 2,652.50
403.
104. Temporary Easement 1,500.00
404. Temporary Easement
1,500.00
105.
405.
Adjustments for items paid by seller in advance
Adjustments for items paid by seller in advance
106. Cit /town taxes to
406. Ci /town taxes to
107. County taxes to
407. County taxes to
108. Assessments to
408. Assessments to
109.
409.
110.
410.
111. 1
411.
112.
412.
120. GROSS AMOUNT DUE FROM BORROWER 19,152.50
420. GROSS AMOUNT DUE TO SELLER
16,500.00
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)
0.00
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. Cit /town taxes to
510. Cit /town taxes to
211. County taxes to
511. County taxes to
212. Assessments to
512. Assessments to
_
213.
214.
215,
216.
513.
514.
515.
516.
217.
216. _- - _ -
219.
517.
518.
519.
220. TOTAL PAID BY/ FOR BORROWER
520. TOTAL REDUCTION AMOUNT DUE SELLER
300. CASH AT SETTLEMENT FROM OR TO BORROWER
600. CASH AT SETTLEMENT TO OR FROM SELLER
301. Gross amount due from borrower line 120 19,152.50
601. Gross amount due to seller line 420
16,500.00
302. Less amounts paid by/tor borrower line 220
602. Less reduction amount due to seller line 520
303. CASH FROM BORROWER 19,152.50
603. CASH TO SELLER
16,500.00
04-08-2019 at 11:00 AM form HUD -1 (3186) ref Handbook 4305.2
U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT SETTLEMENT STATEMENT PAGE 2
04-08-2019 at 11:00 AM form HUD -1 (3/86) ref Handbook 4305.2
L. SETTLEMENT CHARGES: File Number: 49084349
PAID FROM
BORROWER'S
FUNDS AT
SETTLEMENT
PAID FROM
SELLER'S
FUNDS AT
SETTLEMENT
-
700. TOTAL SALES/BROKER'S COMMISSION based on price $ -
Division of commission line 700 as follows:
701.
$ to
702. $ 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. applicabon 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.
Homeowner's insurance mo. $
/ mo.
1002.
Mortgage insurance mo. $
/ mo.
1003.
City propertytaxes mo. $
/ mo.
1004.
County property taxes mo. $
/ mo.
1005.
Annual Assessments mo. $
/ mo.
1006.
mo. $
/ mo.
1007.
mo. $
/ mo.
1008.
Aggregate Reserve for Hazard/Flood Ins, City/County City/CountyProp Taxes, Mortgage Ins 8 Annual Assessments
1100.
TITLE CHARGES
1101.
Settlement or closing fee to Atlantic Coastal Land Title Company, LLC
500.00
1102.
Abstract or title search to Westcor Land Title Insurance Company
85.00
1103.
Title examination to
1104.
Title insurance binder to
1105.
Document preparabon to
1106.
Notary fees to
1107.
Attorney's fees to Dill, Evans 8 Associates
1,750.00
includes above item No:
1108.
Title insurance to Westoor Land Title Insurance Company WEST
100.00
1109.
1110.
includes above item No:
Lender's coverage
Owner's coverage 15,000.00 - 100.00
1111.
Digital Archive/LandTech Forensis/LandTech
35.00
1112.
Wire Fees CenterState
32.00
1113.
1200.
GOVERNMENT RECORDING AND TRANSFER CHARGES
1201.
Recording fees Deed $ 27.00 ; Mortgage $
; Releases $
27.00
1202.
City/county/stamps Deed $ ; Mortgage $
1203.
State tax/stamps Deed $ 105.00 ; Mortgage $
105.00
1204.
Intangible Tax Deed $ Mortgage $
1205.
Record Partial Release
18.50
1300.
ADDITIONAL SETTLEMENT CHARGES
1301.
Survey to
1302.
Pest inspecfion to
1303.
1304.
1305.
1306.
1307.
1308.
1400.
TOTAL SETTLEMENT CHARGES (enter on lines 103 and 502, Sections J and K)
2,652.50
0.00
04-08-2019 at 11:00 AM form HUD -1 (3/86) ref Handbook 4305.2
HUD -1 SETTLEMENT STATEMENT
File Number: 49084349
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
India er Co
William K. DeBraal, Deputy 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.
Robert K. Scheefer
Sellers
Linda J. Scheefer
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: April 11th, 2019
HUD -1 SETTLEMENT STATEMENT
File Number: 49084349
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
Indian River County
William K. DeBraal, Deputy 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.
Robert K. Scheeler
Sellers
Linda J. Scheefer
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: April 11th, 2019
CLOSING AGREEMENT
Seller(s): Robert K. Scheefer and Linda J. Scheefer
Buyer(s): Indian River County, a political subdivision of the State of Florida
Closing Agent: Atlantic Coastal Land Title Company, LLC
Property Location: Portion of 6650 65th Street, Vero Beach, FL 32967
The undersigned hereby acknowledge(s) and understand that contracts, affidavits, deeds, loan
documents and similarly related documents associated with a real estate transaction are legal and
binding documents. The closing agent is here to facilitate and close the transaction but does not
represent the parties as legal counsel. If at any time I(we) do not understand the meaning and
consequences of any document and its terms and obligations, I(we) have been advised not sign any
document before the seeking the advice of an attorney.
TAX RE -PRORATION AGREEMENT: If the property tax Bill for the year of closing has not been issued
by the Tax Collector at the time of closing, then the tax prorations set forth on the closing statement are
based upon an estimate, and that the actual taxes for the calendar year in which "closing" takes place could
represent an amount substantially different from that upon which the proration was based. If such a
difference is realized, the parties agree that upon demand of the other, to, without unreasonable delay, re -
prorate said taxes based on the actual amount of the bill rendered, using formulae standard in the industry,
and to make an appropriate, monetary adjustment between themselves. The Closing Agent is not responsible
to make further adjustments.
AGREEMENT TO COOPERATE: If requested by Lender (if any) or Closing Agent, the parties agree to
fully cooperate and adjust for clerical errors, including the execution or re-execution of any reasonable
document and/or the remittance of any additional sum. The parties further agree that any amounts of money
due others for services rendered in conjunction with subject "closing" (such as balances owed to existing
mortgagees, loan costs associated with a new mortgage, survey, termite or roof inspection fees, or other
such costs or fees due), not collected or paid for out of closing funds, remain the responsibility of the
contracting party to so pay, and the collection and remittance of such fees, costs or indebtedness by the
closing agent is a courtesy service provided by the closing agent, with the contracting party remaining liable
for payment of any such fees, or shortages, not collected from the obligated party coincident to the "closing".
HOMEOWNER'S / CONDOMINIUM ASSOCIATIONS) (IF APPLICABLE): The Buyer acknowledges
the existence of any homeowners and/or condominium association(s) and is aware that monthly, quarterly
or annual maintenance assessments may be due to said association(s). Said association(s) may also have the
authority to regulate and enforce community covenants and restrictions.
PROPERTY CONDITION: Closing Agent does not make any representations or warranties nor assume
any liability with respect to the physical condition of the property, and any repairs to the property.
SURVEY(IF REQUIRED OR OBTAINED): The Buyer hereby acknowledges receipt of a copy of any
survey prepared for the subject transaction. The Buyer has reviewed said survey and accepts title subject to
the matters set forth on said survey.
CLOSING/SETTLEMENT STATEMENT: Closing Agent does not adjust and/or assume liability for
charges for water, rents, gas, electricity, taxes on personal property, garbage taxes or fees, license taxes,
association assessments or dues, or estoppel information furnished by mortgagees or others. Sometimes
recording fees and courier/express mail fees may vary due to the unknown amounts at the time of closing.
Therefore, the parties acknowledge hereto, that monies collected for recording and courier/express mail
fees may be more or less than the amount collected on the closing statement. Any shortfalls or overages
Page I of 2
File No.: 49084349
ATF
shall be considered the cost of doing business. Closing Agent will neither refund or collect said differences
The closing/settlement statement has been reviewed and approved, and the Closing Agent is irrevocably
authorized to make disbursements in accordance therewith.
CURRENT MORTGAGES AND REAL ESTATE TAXES: The Sellers acknowledge that the payoff
statement received by the Closing Agent from the current mortgagees may be subject to final audit after
receipt of the payoff funds resulting in a demand by said mortgagee for additional funds and Sellers agree
to hold Atlantic Coastal Land Title Company, LLC harmless for the loss or damage incurred due to any
inaccurate payoff balance whether in writing or given verbally and agrees to pay the shortage immediately
to Atlantic Coastal Land Title Company, LLC. The Seller further agrees that responsibility for unpaid
real property taxes and/or assessments not collected or prorated coincident to closing, notwithstanding any
error or omission on behalf of the closing agent in reporting, collecting, or discovering same, shall remain
the responsibility of Seller.
PARTIES: "Seller" and "Buyer" indicate singular or plural, as the context so requires or admits.
In'ver my
Robert K. Scheeler - Seller
w�_
illiam K. DeBraa , Deputy County Attorney - Buyer
Linda J. Scheefer - Seller
Date:
Date:
Date:
Date:
SELLER(S) ADDRESS AND PHONE NUMBER(S) AFTER CLOSING
Address: Phone Number(s)
Home:
Work:
E -Mail Address: Other:
Page 2 of 2
Pile No.: 49084349
LTF
INDIAN RIVER COUNTY, FLORIDA _
MEMORANDUMs�"'�
TO: Jason E. Brown, County Administrator
THROUGH: Richard B. Szpyrka, P.E., Public Works Direct
FROM: Monique Filipiak, Land Acquisition Specialist 6�
SUBJECT: Right -of -Way Acquisition — 66th Avenue Widening Project
Owner: Robert K. Scheefer & Linda J. Scheefer
6650 65th Street, Vero Beach, FL 32967
DATE: November 28, 2018
DESCRIPTION AND CONDITIONS
Public Works is progressing with Right -of -Way acquisition for the planned improvements of 66th Avenue
between 491h Street — 691h 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.
Robert K. Scheefer & Linda J. Scheefer own a 4.71 acre parcel which is zoned A-1. To accommodate the
future planned improvements on 66th Avenue, the County needs to acquire the 0.12 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 $10,000.00.
Land Value Part Taking $ 3,000.00
Estimated Value of Improvements $7,000.00
Total Just Compensation $10,000.00
The County offered $10,000.00 for the 0.12 acres of right-of-way. The Scheefer's attorney Warren W. Dill
counter -offered with $18,250.00 ($15,000.00 for 0.12 acres of right-of-way, $1,500.00 forthe Temporary
Construction Easement and $1,750.00 for attorney's fees. After several months of negotiations all parties
agreed on $18,250.00.
FUNDING
Funding for the ROW and attorney fees in the amount of $16,750 is budgeted and available in Account
No. 10215241-066120-07806, Traffic Impact Fees/District 2/ROW/66th Avenue (49th St - 69th St). Forthe
temporary construction easement funds in the amount of $1,500 are budgeted in Account No. 10215241-
066510-07806, Traffic Impact Fees/District 2/Construction In Progress/ 66th Avenue (49th St - 691h St).
RECOMMENDATION
Staff recommends the Board approve the Purchase Agreement of $15,000.00 for the 0.12 acres of
property located at 6650 65th Street, Vero Beach, FL 32967, approve the $1,500.00 for the Temporary
Construction Easement and $1,750.00 for attorney's fees, and authorize the Chairman to execute the
purchase agreement on behalf of the Board.
ATTACHMENTS
Purchase Agreement
Temporary Construction Easement
APPROVED AGENDA ITEM FOR: December 11 2018
AGREEMENT TO PURCHASE AND SELL REAL ESTATE
BETWEEN INDIAN RIVER COUNTY
AND
ROBERT K. SCHEEFER AND LINDA A. SCHEEFER
THIS AGREEMENT TO PURCHASE AND SELL REAL ESTATE ("Agreement") is
made and entered into as of the 11 day of December 2018, by and. between Indian
River County, a political subdivision of the State of Florida ("the County"), and Robert K_
Scheefer and
LindaA-Scheefer ("the Seller) who agree as follows:
WHEREAS, Seller owns property located at 6650 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 491h 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 5,327 square feet or 0.12 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 6650 65th Street, Vero
Beach, FL and more specifically described in the legal description attached as Exhibit "B",
fee simple, containing approximately 5,327 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 $15,000.00 (Fifteen Thousand and 00/100 Dollars) plus $1,500.00 will be
paid for a 10 foot Temporary Construction Easement as described on Exhibit "C" attached,
and $1,750.00 in attorney's fees. The total paid on the Closing Date will be $18,250.00.
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 ata formal meeting of such Board or by the County Administrator pursuant
to his delegated authority.
2.2 The Seller agrees that the purchase price ("Purchase Price") of $15,000.00 will
cover all project impacts including relocation of the irrigation system.
2.3 The Seller will relocate the fence within 60 days' notice that the County has gone out
to bid on the 66th Avenue road improvements.
2.4 At the time of road construction, the County will install a 24' wide concrete driveway
to seller's property, a copy of the construction plans showing the 24' enlarged driveway are
attached to this Agreement as Exhibit °D".
2.5 The County will issue a zoning confirmation letter in recordable form stating that the
remaining property after the take, although less than 200,000 sq. ft. is a legal lot in the A-1
zoning district.
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. Reoresentations of the Seller.
4.1 Seller is indefeasibly seized of marketable, fee simple title to the Property, and is the
2
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 alienor 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. 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.
4
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.
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: Robert & Linda Scheefer
69 Beaver Pond Way
Saranac Lake, NY 12983
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 maybe 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
5
.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.
N.
jSY CO,�jy��.
INDIAN RIVER COUNTY, FL,.ORID
BOARD OF COUNTY COMISI
016
Bob Solari, Chairman
Approved by BCC December 11, 2018
ATTEST:
Jeffrey R. Smith, Clerk of Court and
Comptroller
By:
Deputy Clerk
Jasonr. Blown, CouWAdministrator
'Robert K. Scheefer ate
`l
Lindau Sch er Date .
Approv as to Form an L a iciency:
William K., DeBraal, Deputy County Attorney,.
2
EXHIBIT "A"
Affidavit of. Ezpmption £roa< Subdi'visioa- '2a{provcmants: ycth a Prat
filing for Gots,, as .taco=decl in Official Records Soo&_ 1905, Page 72;
Public Rai-cwrds .of Iadian .River County,:, Foricia; moreaartcularly
described as folloi►a::
The South 770 _4 feet of the East 2645-. 35: feat o£ .the follov` ng
dascribad.parcel,: .
The Wast 10 :acres of. th@ ;Rast 30 acres ;o£•cTrac£ ,8,- Soot oa ,7,.
Townsh p. 32; South, i�aaga 39 East-, according geaelcal p3at
Of lasids oi' the I:idiari River Farms Co . i filed in 81st Hook 2 , Page
25., Public RQcords o£ St., Lucia County, :Rlor da, ,now xniU m Rsvar
Eonaty Florida, lass 'the South 60. feat. thereof• `for road Right of
Commonly known as: 6650 65th Street, Vero Beach, FL 32967
Parcel ID Number: 32-39-07-00002-0000-00002.0
7
EXHIBIT "B"
66th AVENUE
�,F� I PARCEL 307
N RIG T WA P CEL t I I I I O
THE NORTH 20.00 FEET OF THE SOUTH 80 FEET OF THE FOLLOWING DESCRIBED PARCEL AS I { w
RECORDED IN OFFICIAL RECORDS BOOK 1998, PAGE 624, PUBLIC RECORDS OF INDIAN RIVER
COUNTY, FLORIDA. I I C)
W C PARCEL 2 AFFIDAVIT OF EXEMPTION FROM SUBDIVISION IMPROVEMENTS WITH A PLAT FILING FOR - glz
C GORE, AS RECORDED IN OFFICIAL RECORDS BOOK 1905, PAGE 72, PUBLIC RECORDS OF INDIAN 3 U0 O
RIVER COUNTY, FLORIDA, MORE PARTICULARLY DESCRIBED AS FOLLOWS:LL
THE -SOUTH 770.4 OF THE EAST 266.35 FEET OF THE FOLLOWING DESCRIBED PARCEL• of W w N = p
S THE WEST 10 ACRES OF THE EAST 30 ACRES OF TRACT 8, SECTION 7 TOWNSHIP 32 SOUTH, w z L)
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, 18 I LU Io F= I OJ
LL
CONTAINING 5,327 SQUARE FEET OR 0.12 ACRES, MORE OR LESS. (n I Q IN ❑ r`}
a 2 a I Z�F-
TRACT 7 w w TRACT 8 a w m Z tj 5
F tm 32390700002 CD ❑ U
C.) 1-v OOOOD0002.0 INDIAN RIVER FARMS CO. iL
n < ORB 1998; PG 624 PLAT BOOK 2, P GE 25 EXISTING O
(ST. WC IES I I I I R/W LINE
5,327 SQ.FT. I I I 50' S0' W
0.12 ACRES I ❑
PARCEL 307 EAST QUARTER
PROPOSEDCORNER SECTION 7 Q
RIGHT OF WAY 50' 10 TCE CALCULATED 0Z
— LI—
J
_ 60' _ 266.5 PROPOSED RIGHT OF WAY
— —— — EXISTING RIGHT OF WAY 65th STREET 20'
TRACT LINET— — — 60'— — BO' SOUTHLINE N.E. QUARTER OF SECT10N_7TN o
66TH AVE. BASELINE
0 20(Y 40Y I
FDOT 50' WIDE R/WPER
R/W MAP SECT.
ORAMCSCAM 200' j,�,'GENp Bg530-2250 I I L IjdR
SECTION LINE I I I I
EASEMENT LINE
0- wipw ae
1) THIS IS A SKETCH OF LEGAL DESCRIPTION ONLY, NOT A BDUNDARY
RETRACEMENT SURVEY. _
2) THE BEARING BASE FOR THIS SURVEY, IS THE WEST LINE OF SECTION
e. SAID LINE BEARS NORTH DO'00'25" EAST.
3) THE SCALE OF THIS DRAWING MAY HAVE BEEN DISTORTED DURING
REPRODUCTION PROCESSES.
4) THIS DRAWING IS BASED ON THE PRELIMINARY RIGHT OF WAY MAP FOR
68TH AVENUE PREPARED BY BURDETTE AND ASSOCIATES, DATED 10-10-06, AS
DIRECTED BY INDIAN RIVER COUNTY, FLORIDA.
PROPERTY LINE
Als certlAes that o legal desm*Uon and sketeh of the propertyshown
hsroon wvs made wdar my eupervlslan and Mot fhb legal descrtptfon
4
�R
PROPOSED RIGHT OF WAY
sad sketch meets the standards of practise set forth by the Rodda
Board of Profesdonal Sarle>ors and Meppery I1 Chapter 5J -t7, RMdo
DEDICATION
AdmialsbutAr Cads ont to S-Uon 472027, Rarfdo statute;
— — —
RIGHT OF WAY LINE
pwa and
that this dvwhrg b a bnre and oan vte reprewletkn theeaf to Me
5
fl
P.O.C.
POINT OF COMMENCEMENT
but of my knoWedge end belief SubAct to notes and notations drown
hereon.
Ej
P.O.B.
R/W
POINT OF BEGINNING
RIGHT OF WAY
C_ �G'.-2
O
ORB
OFFICIAL RECORDS BOOK
EC DE1NEMi A&U. Na 5779
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8 8
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PG
PAGE
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DATE [
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1;�
TCE
TEMPORARY CONSTRUCTION
EASEMENT
Not vw1d without Me signal" and Me ovlool rvfnd sed of a Rorfdo
ikensed svryor and mapper.
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D—Ins name Kt\WJ_SuM7\M IAN RPAR 00\00TH AVME\2017-0112 - Rmhd Per RtC\PARCEL 307-R.eeq 307 Jen 17. 2017 2'15PM by Dmm7%Dum
TCE — 660' Avenue Roadway Widening - Project #1505
PIN 32-39-07-00002-0000=00002.0
Project 1505 - Parcel #307 — Robert K. Scheefer & Linda A. Scheefer
Prepared by and return to: IRC -PW -mf
1801 2r Street, Vero Beach, FL_32960-3388
TEMPORARY CONSTRUCTION EASEMENT
t—S
This TEMPORARY CONSTRUCTION EASEMENT,made and executed this &Lday of
(Itbef , 2018, by Robert K. Scheefer & Linda Scheefer whose address is 69
Beaver Pond Way, Saranac, NY.',, 12983 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 inconsideration of the sum of FIFTHTEEN HUNDRED 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��y / Grantor Signatur
Printed Name: w ry' - Printed Name: Robert K. Scheef
Witness Signatur Grantor Signature
Printed Name: - L. t Printed Name: Linda'K Sc-heLdIfer
STATE OF F"&t .4 }
COUNTY OFZaav giw)
The foregoing instrument was acknowledged before me this 2043day of (bUemb-f,
2018, by Robert K. Scheefer & Linda Scheefer, he/she is personally known to me or
produced driver's license as i
Ar
s�a� ••' �� y�� Sig
Not ubllc
Printed name & Commltii # ••�
+racxwot ;
Z s
� °a►*d Approved as to Form VLeg Sufficiency:
STAISO \
County Attorney
t
Sketch and L ega/ Description for/ND/AN RIVER COUNTY
Legal Description (Temporary Construction Easement 307)
BEING THE NORTH 10.0 FEET OF THE SOUTH 90.0 FEET OF THE FOLLOWING DESCRIBED PARCEL, AS RECORDED
IN OFFICIAL RECORD BOOK 2906, PAGE 2381, PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA. SAID
PARCEL BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
PARCEL 2 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 SOUTH 770.40 FEET OF THE EAST 266.35 FEET OF THE FOLLOWING DESCRIBED PARCEL: U)
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.—
n
CONTAINING 2664 SQUARE FEET (0.06 ACRES), MORE OR LESSi EXHIBIT "C"
3
0
Surveyor's Notestn
g
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 m
Records of St. Lucie (now Indian River County), Florida. s
2).This legal description shall not be valid unless:
a
(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 surveyors seal.
AGENCY: /ND/AN R/VER COUNTY, FL
PUBLIC WORKS DEPT./£NG/NEER/NG D/1!
DATE: DRAWN BY:
4/24/>B R. /NGLETT
SCALE: APPROVED BY:
N/A D. SCHRYVER
SHEET: JOB NO:
1 OF 2 1505
Sketch and L ega/ Description
for. -
INDIA NR/VER COUNTY
(6650 65fh STREET)
Certification
Legend and Abbreviations
C.R.=COUNTY
ROAD
(NOT VALID WITHOUT THE SIGNATURE AND ORIGINAL
I.R.F.W.C.D.
FARMS
RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER)
= INDIAN RIVER
o
WATER CONTROL DISTRICT
a
L
= LENGTH OF ARC
I HEREBY CERTIFY THAT THE SKETCH AND LEGAL DESCRIPTION OF THE PROPERTY
Z
LLC
= LIMITED LIABILITY COMPANY
SHOWN AND DESCRIBED HEREON WAS COMPLETED UNDER MY DIRECTION AND SAID
2
O_R.B.
= OFFICIAL RECORD BOOK
SKETCH AND LEGAL IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE AND
5
(P)
= PLAT
BELIEF.
P.B.
= PLAT BOOK
z
PGE=PAGE
I FURTHER CERTIFY THAT THIS SKETCH AND DESCRIPTION MEETS THE STANDARDS OF
W
PRACTICE FOR SURVEYS SET FORTH BY THE FLORIDA PROFESSIONAL BOARD OF
o
PBS
=PLAT BOOK ST. LUCIE
SURVEYORS AND MAPPERS IN CHAPTER 5J-17.052 FLADMINISTRATIVE CODE,
6
PURSUANT TO SECTION 472.027 FLORIDA STATE STA
11
SQ. FT.
=DELSQUAREANGLETA EEE
15
R
= RANGE
3°
RAN
= RIGHT-OF-WAY
DA OF SIGNATURE AVID
H ER
T
= TOWNSHIP
PROFESSIONAL SURVEYNR AND MAPPER
d
FLORIDA CERTIFICATE NO. 4864
AGENCY: /ND/AN R/VER COUNTY, FL
PUBLIC WORKS DEPT./£NG/NEER/NG D/1!
DATE: DRAWN BY:
4/24/>B R. /NGLETT
SCALE: APPROVED BY:
N/A D. SCHRYVER
SHEET: JOB NO:
1 OF 2 1505
Sketch and L ega/ Description
for. -
INDIA NR/VER COUNTY
(6650 65fh STREET)
r
Sketch and Lega/Description fora INDIANR/VER COUNTY
,
,
WEST 10 ACRES OF EAST 30 ACRES TRACT 8
---------------------------------------------
--------- =---------- �-------
,
,
INDIAN RIVER FARMS COMPANY
Tract 8
(PBS 2, PGE 25)
,
32-39-07-00001-0080-ODOOI.O 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 i
O.R.B. 1815, PG. 2397t j
O.R.B. 2906, PG. 2381 i
PARCEL 1I PARCEL 2 0
n 1
32-39-07-00002-0000-00001.0
RUST GARY M. AND UNDA M
SITE ADDRESS 6680 65th STREET
O.R.B. 2938, PG. 2400H i
EAST 266.35'
,
,
------------------------------
-------------- --- ___ PROPOSED _ ----------------------------
TEMPORARY CONSTRUCTION
EASEMENT 307 ,
2664 Sq.Ftf
NORTH 10'--1 ,
1
— _T
O'
SOUTH UNE OF THE NORTHEAST 1/4 SECTION 7
' AND SOUTH UNE TRACK 8
,
1 -
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AULNUT: /ND/AN R/VER COUNTY, FL
PUBIC WORKS DEPT./ENG/NEER/NG D/V
DATE: DRAWN BY:
4/24/18. R. /NGL UT
SCALE: APPROVED BY:
N/A 0. SC11IRYVER
SHEET: JOB NO:
2 OF 2 1505
Sketch and Lega/Description
for.-
INDIAN RIVER COUNTY
(6 650 65t17 STREET
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
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
NOT TO SCALE PGE
= PAGE
AULNUT: /ND/AN R/VER COUNTY, FL
PUBIC WORKS DEPT./ENG/NEER/NG D/V
DATE: DRAWN BY:
4/24/18. R. /NGL UT
SCALE: APPROVED BY:
N/A 0. SC11IRYVER
SHEET: JOB NO:
2 OF 2 1505
Sketch and Lega/Description
for.-
INDIAN RIVER COUNTY
(6 650 65t17 STREET
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INDEX NO. 2rJ
INDEX NO. 273 PER FOOT INDEX E32 INDEX NO' 273
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Kimigo Horn
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6546 STREET
PLAN & PROFILE