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Home My WebLink About2019-109BINDIAN RIVER COUNTY (hereafter Petitioner) vs. BILLY W. JACKSON (PARCEL 110) (hereafter Defendant) / PRE -SUIT MEDIATION SETTLEMENT AGREEMENT The above named Petitioner and Defendant have reached the following agreements in full and complete resolution of the above styled pre -suit claim, which arises out of an eminent domain claim by the Petitioner against the property owned by the Defendant and located at 6835 66th Ave, Vero Beach FL 32967, (Hereafter "Parcel 110") the legal description of which is included on exhibit A: 1. Within 20 days of the County Commission approving this Agreement as described herein, the Petitioner agrees to do the following: a. The Petitioner will pay to the Defendant the total sum of $210,000.00 (Two Hundred Ten Thousand Dollars); and b. The Petitioner will convey to the Defendant clear title to the real property known as the remainder parcel from Parcel 111, the legal description of which is shown on exhibit B to this Agreement; and c. The Petitioner will pay the Defendant $54,450.00 (Fifty Four Thousand Four Hundred Fifty Dollars) in attorney's fees, including any non -monetary claims for fees; and d. The Petitioner will pay Defendant $20,000.00 (Twenty Thousand Dollars) in reimbursement for Defendant costs. 2. Within 20 days of the County Commission approving this Agreement as described herein, the Defendant agree to do the following: a. The Defendant will convey to the Petitioner clear title to the real property described as the "Right of Way Parcel" on Exhibit A. (Parcel 110 containing 0.47 acres +/-) 3. The Petitioner agrees to construct an 18' wide driveway from 66th Ave onto Parcel 110 during the planned 66th Avenue roadway widening project. Depending on the engineering requirements, the driveway may extend into Parcel 110, in which case Defendant agrees to give Petitioner a temporary construction easement or right of entry to construct the driveway. 4. The Defendant agree to assume all risk regarding any drainage issues on Parcel 110 and 111 resulting from the 66th Avenue roadway widening project. 5. This entire Agreement is subject to and contingent upon approval by the Indian River County Board of County Commissioners (Hereafter the Board). The Petitioner will put this Agreement on the agenda for the next available Board meeting and the County Staff will recommend Board approval of this Agreement. If the Board fails to approve this Agreement, then this entire Agreement is void. 6. Except as stated herein, all parties to this agreement further agree to bear their own costs and fees. 7. The Petitioner will pay the entire cost of the mediation. 8. This agreement is final and binding as of the date and time it is signed by or on behalf of the parties. 9. Other agreements: None Done and agreed to on this 27th day of June, 2019 in Vero Beach, Florida. tiez,(.aW W - WILLIAM K. DEBRAAL, ESQUIRE BILLY W. JACKS Indian River County Attorney Defendant/Representative DAVIb W. HOLLOWAY, ESQUI Attorney for Defendant H. RA it AL BRENNAN, MEDIA Mediato' #:15632CR The Pre -Suit Mediation Settlement Agreement dated June 27, 2019 between Petitioner (Indian River County) and Defendant (Billy W. Jackson — Parcel 110) is hereby approved by the Board of County Commissioners of Indian River County, Florida. Attest: Jeffrey R. Smith Clerk of Circuit Court and Comptroller B orA uJ m91ivo Deputy Clerk Approved as to form and legal su i ienc By: illiam K. DeBraal Deputy County Attorney INDIAN RIVER COUNTY, FLORIDA By its Board of County Commissioners BCC approved: July 16, 2019 (Official Seal) w 0 E 100' GRAPHIC SCALE Es/412 — 4 INDIAN RIVER FARMS CO. PLAT BOOK 2, PAGE 25 (ST, LUCIE) 156.00' 32390700001001000003.0 ORB 1023, PG 2395 LEGAL DESCRIPTION RIGHT OF WAY PARCEL EAST LINE = TRACT 1 PARCEL 110 20,470 SQ.FT. 0.47 ACRES 156.00'50' 30' 20' CO N M 10' N BASIS OF BEARINGS LATERAL A CANAL O YCVW U p N 0 Ce m J N J �� Z u7 O I 66TH AVENUE PARCEL 110 THE EAST 156.00 FEET OF THE FOLLOWING DESCRIBED PARCEL AS RECORDED IN OFFICIAL RECORDS BOOK 1023, PAGE 2395, PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA. OF THE NORTH 132 FEET OF THE SOUTH 264 FEET OF THE NORTH 10 ACRES OF THE EAST 20 ACRES OF TRACT 1, SECTION 7, TOWNSHIP 32 SOUTH, RANGE 39 EAST, ACCORDING TO THE LAST GENERAL PLAT OF LANDS OF THE INDIAN RIVER FARMS COMPANY, FILED IN THE OFFICE OF THE CIRCUIT COURT OF ST. LUCIE COUNTY, FLORIDA, IN PLAT BOOK 2, PAGE 25, SAID LANDS NOW LYING AND BONG IN INDIAN RIVER COUNTY, FLORIDA. CONTAINING 20,470 SQUARE FEET OR 0.47 ACRES, MORE OR LESS. PROPOSED ACQUISITION PARCEL ACREAGE = 0.47 ACRES PORTION OF THE ACQUISITION PARCEL THAT IS ENCUMBERED BY THE FDOT RIGHT—OF—WAY = 0.09 ACRES SURVEYORS NOTES 1) THIS IS A SKETCH OF LEGAL DESCRIPTION ONLY, NOT A BOUNDARY RETRACEMENT SURVEY. 2) THE BEARING BASE FOR THIS SURVEY, IS THE EAST LINE OF SECTION 7. SAID LINE BEARS NORTH 00'00'25" EAST. 3) THE SCALE OF THIS DRAWING MAY HAVE BEEN DISTORTED DURING REPRODUCTION PROCESSES. 4) THIS LEGAL DESCRIPTION AND SKETCH 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. LEGEND SECTION LINE EASEMENT LINE PROPERTY LINE PROPOSED RIGHT OF WAY PARCEL RIGHT OF WAY LINE POINT OF COMMENCEMENT POINT OF BEGINNING RIGHT OF WAY OFFICIAL RECORDS BOOK PAGE FLORIDA DEPARTMENT OF TRANSPORTATION SECTION P.O.C. P. 0.B. R/W ORB PG FDOT SECT. This cert/(les that o legal description and sketch of the property shown hereon was made under my supervision and that this legal description and sketch meets the standards of practice eat forth by the Florida Board of Professional Surveyors and Mappers In Chapter 5✓ -17, Florida Administrative Cods, pursuant to Sect/on 472.027. F7brida Statutes, and that this drawing /s a true and accurate ,sate entat/on thereof to the best 07 my knowledge and belief. Sub o notes and notations shown hese.Th 4'' E.C. DEMETER, P.SM. NO. 5179 Jul_ 2 2017 DATE: Not valid without the signature and the original raised seal of o Florida Licensed Surveyor and Mapper. DICSICSICO SY DFD [MAIM ST DFD WEDGED SY Eta Kimley>» Horn O 3017 10/LEY-HORN AW AS OaAIR O. INIONO 772.-711.-..4.100 ws *1H 047 T. uT[ 3oe, FAX 7 YCAcx FtM32040 ese.IuaKY-hlORhtCOM DATE 7/10/17 PROJECT N0. 047033041 LEGAL DESCRIPTION AND SKETCH OF PARCEL 110 INDIAN RIVER COUNTY, FLORIDA SHEET NUMBER 1 OF 1 LEGAL DESCRIPTION PER O.RB. 2332, PG. 1686 The North 132 feet of the South 396 feet of the North 10 acres of the East 20 acres of Tract 1, Section 7, Township 32 South, Range 39 East, according to the Last general Plat of Lands of the Indian River farms Company Subdivision, as recorded in Plat Book 2, Page(s) 25, of the Public Records of St. Lucie County, Florida; said lands now lying and being in Indian River County Florida. `, 1- 5 4Alm �XL;_i'i T�� <�5 ISS �' LESS AND EXCEPT those lands conveyed by deed recorded in O.R. Book 1863, at Page 2163; and deed recorded in O.R. Book 2270, at page 1864; being more particularly described as follows: Commencing at the Northeast comer of Section 7, Township 32 South, Range 39 east, Indian River County, Florida, described and bound as follows: Run North 89°42'24" West along the North line of Section 7, Township 32 South, Range 39 East, a distance of 80.00 feet to a point Thence run South 00°18'3T' East along the West Right of Way line of 66TH Avenue, a distance of 272.63 feet to a point Thence run North 89°42'24" West, a distance of 470.48 feet to a point. Said point being the POINT OF BEGINNING. Thence ruri South 00°18'37" east, a distance of 28.95 feet to a point; Thence run North 89°42'24" West, a distance of 152.00 feet to a point Thence run North 00°18'37" West, a distance of 28.95 feet to a point, Thence run South 89°42'24" East, a distance of 152.00 feet to a point. Said point being the POINT OF BEGINNING.