Loading...
HomeMy WebLinkAbout2019-133INDIAN RIVER COUNTY (hereafter Petitioner) VS. Harris Groves, a partnership (PARCEL 102) (hereafter Defendants) PRE -SUIT MEDIATION SETTLEMENT AGREEMENT The above named Petitioner and Defendants 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 Respondents and located at on 661" Ave, Vero Beach FL 32967, (Hereafter "Parcel 102") 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 $218,500.00 (Two Hundred Eighteen Thousand Five Hundred Dollars) for Parcel 102; and B. The Petitioner will pay the Defendant $44,022.00 (Forty Four Thousand Twenty Two Dollars) in attorney's fees, including any non -monetary claims for fees; and C. The Petitioner will pay Defendant $24,230.00 (Twenty Four Thousand Two Hundred Thirty 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 102 containing 3.75 acres or 163,552 square feet +/-) 3. The Petitioner agrees to construct a driveway from 66th Ave onto Parcel 102 at a 6% slope (with a 36' width where the driveway connects to 66th Avenue and at least 14' width at the right of way line) during the planned 66th Avenue roadway widening project (hereafter the Road Project). Depending on the engineering requirements, the driveway may extend into Parcel 102, in which case Defendant agrees to give Petitioner a temporary construction easement or right of entry to construct the driveway. The driveway will be concrete to the right of way line and will be located at the median cut described below. 4. The Petitioner agrees that a median cut will be installed during the Road Project and that the median cut will be centered on the property boundary between Parcel 102 and the next property to the south. Further, the Petitioner agrees to install a left turn lane at this median cut for northbound 66th Ave traffic. 5. The Petitioner agrees that it has no objection to Respondent installing a code compliant culvert and driveway along 61st Street, however the parties agree that such culvert is subject to approval by the water management district with jurisdiction. The Petitioner will provide the driveway curb cut for this driveway as shown on the Petitioners plans. 6. Within 30 days after the closing the Petitioner will stake the new right of way line and the driveway located on 61st street. 7. 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. 7. Except as stated herein, all parties to this agreement further agree to bear their own costs and fees. 8. The Petitioner will pay the entire cost of the mediation. 9. This agreement is final and binding as of the date and time it is signed by or on behalf of the parties. 10. Other agreements: None Done and agreed to on this 11th day /of July, 2019 in Vero Beach, Florida. WILLIAM K. DEBRAAL, ESQUIRE Harris Groves Indian River County Attorney Respondent/Representative William E. Harris, Sr. Shelby Harri ' William E. Harris; Jr. WI" Craig Harris ID`W-H-OLLOWAY, Ef rney for Respondents H. RAUE�AL,81RENNAN, Media o 15632CR The Pre -Suit Mediation Settlement Agreement dated July 11, 2019 between Petitioner (Indian River County) and Defendants (Harris Groves, a partnership — Parcel 102) is hereby approved by the Board of County Commissioners of Indian River County, Florida. INDIAN RIVER COUNTY, FLORIDA By its Board of County Commissioners Attest: Jeffrey R. Smith Clerk of : yconi°^issa rcuit CouLt and Comptroller119 By: By: Q� GYW ��� p u� Deputy Clerk Bob Solari, Chairman .;moo.• i BCC approved: August 13, 2019 ''9N�i ..-rn kt (Official Seal) Approved as to form and legal sufrjpieycy: „/ , By: fijA jA!�/ 1 {X[!I/y William K. DeBraal Deputy County Attorney ro Jalill 1t, I..) 15 3 v1a Aim, — A vkc Ac -,jt— X,Ck \NIV V r LINE TABLE UNE LENGTH BEARING L1 80.01 88'59'05°W Lz Iso.00 soo7zz7°w TRACT �6 T SEC' ONLINBP.0.8. 3a' 1 - NOSH u -NE TRACT 1 F S88'59'05'WRESERVATON 126.01' RIVER FARMSCO. BOK2, PAGE 25 (TL2EUTH LINE EAST UNE - CANAL A-11 TRACT 1 61st. STREET A 11 CANAL BASELINE ' 32391800001001000001.0 "t N ORB 1286, PG 2888 u'Q m Z 3 bllw �I 06 3 N W E 2 N I N 7 N ¢ H r m 0 S t00' m g it INDIAN RIVER FARMS CO. to "S N O PLAT BOK 2. AGE 25 1 0 F= I S (5T. LU E) rc x TRACT 1 a PARCEL 102 w 130' 183,552 SOFT 3.75 ACRES I "N� I 11J I (PLAT BO NDIAN FARMS Co. OK 2. PAGE 25 (ST. LUCIE) Lu Z I TRACT 4 wl I �I a yam o � = Z La� < JUL 2 4 2017 RIVER COUNTY DNs sI 80' y 20' SOUTH- 1RACT NE m N N89'00 54 W — — i TRACT 8 126.01' TRACT 5 LEGEND SECTION LINE EASEMENT UNE --- PROPERTY LINE Y PROPOSED RIGHT OF WAY PARCEL nn C.nlrt.o Oct a l pd d..aOtln end ..atd, or a. crq ° y of;cm - - RIGHT OF WAY LINE h— ..mien mcdW W .tom aco o�m- `od Oct al. lard dwyun P.O.C. POINT OF COMMENCEMENT nomd or pen.:wnd screw prcefk. we rwa by a. smwo e ps nd Moppero n a yfr JJ -I), fioyda P.O.B. POINT OF BEGINNING Adminbhca. Cede, poi aot to Sectln 4)2021• !lake Stotote; nd R/W RIGHT OF WAY Oct aro d0ccMl n o n.. nd ..t...p.. Offen 0.1 to M. ? ORB OFFICIAL RECORDS BOOK boot or ^y 5ncwedp nd bdl.e smpot t0 note, nd nvfv Ms d,oac ` PB PLAT BOOK h. py PG PACE (/1 ` FOOT FLORIDA DEPARTMENT OF [ ` P� A� TRANSPORTATION SECT. SECTION PAW,JUL 2 4 2017 Not ,npd Naout as .hnpbd& oeq as o+pnd ,vl,q aq ./ a Fbk. � ucm.ed Swroyr and ' '°" Kimley*Horn LEGAL DESCRIPTION AND SKETCH OF scc rurx °per ^ oeo e(a�oaa«ian xo "su» xe PARCEL 102 1 OF 2 I amn ® w .wm mavpama PRPFCe NY INDIAN RIVER COUNTY, FLORIDA RIGHT OF WA CEL ALL THAT CERTAIN PIECE, PARCEL OR TRACT OF LAND SITUATE, LYING AND BEING A PORTION OF TRACT 1, SECTION 18, TOWNSHIP 32 SOUTH, RANGE 39 EAST, ACCORDING TO THE LAST GENERAL PLAT OF LANDS OF THE INDIAN RIVER FARMS COMPANY AS RECORDED IN PLAT BOOK 2. PAGE 25 OF THE PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA, NOW LYING AND BEING IN INDIAN RIVER COUNTY, FLORIDA; SAID LANDS BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS. TO WT-. COMMENCING FOR REFERENCE AT THE NORTHEAST CORNER OF SAID SECTION 18; THENCE, BEARING NORTH 88'59'05' WEST, ALONG THE NORTH LINE OF SAID SECTION 18, A DISTANCE OF 80.01 FEET TO A POINT; THENCE. LEAVING SAID NORTH UNE. BEARING SOUTH 00'12'27' WEST, A DISTANCE OF 30.00 FEET TO THE POINT AND PLACE OF BEGINNING OF THE HEREIN DESCRIBED PARCEL; THENCE CONTINUE SOUTH 0072'27' WEST ALONG THE EAST UNE OF SAID TRACT 1, A DISTANCE OF 1,298.01 FEET TO A POINT ON THE SOUTH UNE OF SAID TRACT 1; THENCE LEAVING SAID EAST UNE, BEARING NORTH 89'00'54" WEST, ALONG SAID SOUTH UNE A DISTANCE OF 126.01 FEET TO A POINT; THENCE. BEARING NORTH 0012'27' EAST, A DISTANCE OF 1.298.07 FEET TO A POINT ON THE SOUTH UNE OF CANAL A 11; THENCE, BEARING SOUTH 88'59'05' EAST, ALONG SAID SOUTH UNE A DISTANCE OF 126.01 FEET TO THE POINT OF BEGINNING. THE ABOVE DESCRIBED PREMISES CONTAIN AN AREA OF 163,552 SQUARE FEET OR 3.75 ACRES MORE OR LESS. SUBJECT TO ALL EASEMENTS, CONDITIONS AND RESTRICTIONS AS CONTAINED WITHIN THE CHAIN OF TITLE. 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 UNE OF SECTION 18. SAID UNE BEARS NORTH 0012'27' 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. IClmle�/Horn wa LEGAL DESCRIPTION AND SKETCH OF .a a/lo/1' PARCEL 102 2 OF 2 nu, n pFp e m W[l,p" xo •morin "e """" M6 INDIAN RIVER COUNTY, FLORIDA N .a 3120190053950 This Instrument Prepared by and Return to: RECORDED IN THE PUBLIC RECORDS OF Jason Beal JEFFREY R SMITH, CLERK OF COURT Atlantic Coastal Land Title Company, LLC INDIAN RIVER COUNTY FL 855 21st Street, Suite C BK: 3238 PG: 212 Page 1 of 3 9/162019 12:48 PM Vero Beach, Florida 32960 Our File No.: 49084841 Property Appraisers Parcel Identification (Folio) Number: A Portion of 32-39-18-00001-0010-00001/0 Space above this line for Recording Data WARRANTY DEED THIS WARRANTY DEED, made the I day of September, 2019, by Harris Groves, a Florida General Partnership, whose post office address is 5335 8th Street, Vero Beach, FL 32962, herein called the Grantor, to Indian River County, a political subdivision of the State of Florida, whose post office address is 180127th 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 Grantor, for and in consideration of the sum of Ten and 00/100 ($10.00) and other valuable considerations, receipt whereof is hereby acknowledged, hereby grants, bargains, sells, aliens, remises, releases, conveys and confirms unto the Grantee all that certain land situate in INDIAN RIVER County, State of Florida, viz.: SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF Subject to easements, restrictions and reservations of record and taxes for the year 2019 and thereafter. Pursuant to Rule 12B-4013, F.A. C, this Warranty Deed is given to a governmental entity under threat of condemnation or as part of an out-of-court settlement of condemnation proceedings, and is not subject to tax. 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 Grantor hereby covenants with said Grantee that the Grantor is lawfully seized of said land in fee simple; that the Grantor has good right and lawful authority to sell and convey said land, and hereby warrants 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.: 49084841 LTF IN WITNESS WHEREOF, the said Grantor has signed and sealed these presents the day and year first above written. Signed, se ed and delivered in the presence of: Witness #1 Signature DaV?dAgC. Witnessss #1 Printed Name C Wit es #2 Signature .�f V0 Witness 'Y - Witness #2 Printed Name State of Florida County of Indian River Harris Groves, a Florida General Partnership (Seal) William E. Harris, Sr., Partnjer LIATA FM" Craig Hali/ris, Partner (Seal) The foregoing instrument was acknowledged before me this 7 day of September, 2019, by William E. Harris, Sr., Shelby Harris, William E. Harris, Jr., and Craig Harris, the artners of Harris Groves, a Florida General Partnership, who is personally known to me or has produced as identification. SEAL Notary Public Printed Notary Name My Commission Expires: File No.: 49084841 LTF Pie JASON A. BEAL ,``OSP{aV ii': g „ I Notary Public - State of Florida Comrnission # CS 017550 ; My Comm. Expires Oct 11, 2020 '9fFOFc " Banded through National Not y Assn. File No.: 49084841 LTF Exhibit "A" LEGAL DESCRIPTION RIGHT OF WAY PARCEL; All that Certain Piece, Parcel or Tract of land situate, lying and being a portion of Tract 1, Section 18, Township 32 South, Range 39 East, according to the last general Plat of lands of the Indian River Farms Company as recorded in Plat Book 2, Page 25 of the Public Records of St. Lucie County, Florida, now lying and being in Indian River County, Florida: said lands being more particularly described as follows to wit; Commencing for reference at the Northeast corner of said Section 18; thence, bearing North 88 degrees 59 minutes 05 seconds West, along the North line of said Section 18, a distance of 80.01 feet to a point; thence, leaving said North line, bearing South 00 degrees 12 minutes 27 seconds West, a distance of 30.00 feet to the Point and Place of Beginning of the herein described Parcel; thence, continue South 00 degrees 12 minutes 27 seconds West, along the East line of said Tract 1, a distance of 1,298.01 feet to a point on the South line of said Tract 1; thence, leaving said East line, bearing North 89 degrees 00 minutes 54 seconds West, along said South line, a distance of 126.01 feet to a point; thence, bearing North 00 degrees 12 minutes 27 seconds East, a distance of 1,298.07 feet to a point on the South line of Canal A 11; thence, bearing South 88 degrees 59 minutes 05 seconds East, along said South line, a distance of 126.01 feet to the Point of Beginning. File No.: 49084841 LTF WESTCOR COR POLICY NO. LAND TITLE INSURANCE COMPANY OP-25-FL1394-7861407 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 trader 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. 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 perforin those acts by electronic means authorized by law; or (vii) a defective judicial or administrative proceeding. (b) The lien of real estate taxes or assessments imposed on the Title by a governmental authority due or payable, but unpaid. (c) Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the Land. The term "encroachment' includes encroachments of existing improvements located on the Land onto adjoining land, and encroachments onto the Land of existing improvements located on adjoining land. 3. Unmarketable Title. COVERED RISKS CONTINUED ON NEXT PAGE In Witness Whereof, WESTCOR LAND TITLE INSURANCE COMPANY, has caused this policy to be signed and sealed as of Date of Policy shown in Schedule A, the policy to become valid when countersigned by an authorized signa- tory of the Company. Issued By: FL1394 * 49084841 Atlantic Coastal Land Title Company, LLC 855 21st Street, Suite C Vero Beach, FL 32960 WESTCOR LAND TITLE INSURANCE COMPANY By: �, at0 Q,A 0Mcnasozr:� Attest: -- Secret y OP -25 ALTA Owners Policy of Title Insurance 6-17-06 (with FLORIDA Modifications) (WLTIC Edition 12/l/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. Title being vested other than as stated in Schedule A or being defective (a) as a result of the avoidance in whole or in part, or from a court order providing an alternative remedy, of a transfer of all or any part of the title to or any interest in the Land occurring prior to the transaction vesting Title as shown in Schedule A because that prior transfer constituted a fraudulent or preferential transfer under federal bankruptcy, state insolvency, or similar creditors' rights laws; or (b) because the instrument of transfer vesting Title as shown in Schedule A constitutes a preferential transfer under federal bankruptcy, state insolvency, or similar creditors' rights laws by reason of the failure of its recording in the Public Records (i) to be timely, or (ii) to impart notice of its existence to a purchaser for value or to a judgment or lien creditor. 10. Any defect in or lien or encumbrance on the Title or other matter included in Covered Risks 1 through 9 that has been created or at- tached or has been filed or recorded in the Public Records subsequent to Date of Policy and prior to the recording of the deed or other instrument of transfer in the Public Records that vests Title as shown in Schedule A. The Company will also pay the costs, attorneys' fees, and expenses incurred in defense of any matter insured against by this Policy, but only to the extent provided in the Conditions. EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage (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, pen -nit, 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) (WLTIC Edition 12/1/17) Page 2 CONDITIONS 1. DEFINITION OF TERMS The following terns 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 I 1 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 terns "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/l /l7) Page 3 CONDITIONS - CONTINUED th t th t ' 't b o er ac a m i s opinion may e necessary or desirable 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 d 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 mission of liability or waiver of any provision of this policy. If the Company exercises its rights under this subsection, it must do so diligently. (c) Whenever the Company brings an action or asserts a defense as required or permitted by this policy, the Company may pursue the litigation to a final determination by a court of competent jurisdiction, and it expressly reserves the right, in its sole discretion, to appeal any adverse judgment or order. 6. DUTY OF INSURED CLAIMANT TO COOPERATE (a) In all cases where this policy permits or requires the Company to prosecute or provide for the defense of any action or proceed- ing and any appeals, the Insured shall secure to the Company the right to so prosecute or provide defense in the action or proceeding, including the right to use, at its option, the name of the Insured for this purpose. Whenever requested by the Company, the Insured, at the Company's expense, shall give the Company all reasonable aid (i) in securing evidence, obtaining witnesses, prosecuting or defending the action or proceeding, or effecting settlement, and (ii) in any other lawful act that in the opinion of the Company may be necessary or desirable to establish the Title or any other matter as insured. 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 permission to secure reasonably necessary information from third parties as required in this subsection, unless prohibited by law or governmental regulation, shall terminate any liability of the Company under this policy as to that claim. 7. OPTIONS TO PAY OR OTHERWISE SETTLE CLAIMS; TERMINATION OF LIABILITY In case of a claim under this policy, the Company shall have the following additional options: (a) To Pay or Tender Payment of the Amount of Insurance. To pay Upon the exercise by the Company of this option, all liability and obligations of the Company to the Insured under this policy, other than to make the payment required in this subsection, shall terminate, including any liability or obligation to defend, prosecute, or continue any litigation. (b) To Pay or Otherwise Settle With Parties Other Than the Insured or With the Insured Claimant. (i) to pay or otherwise settle with other parties for or in the name of an Insured Claimant any claim insured against under this policy. In addition, the Company will pay any costs, attorneys' fees, and expenses incurred by the Insured Claim- ant that were authorized by the Company up to the time of payment and that the Company is obligated to pay; or (ii) to pay or otherwise settle with the Insured Claimant the loss or damage provided for under this policy, together with any costs, attorneys' fees, and expenses incurred by the Insured Claimant that were authorized by the Company up to the time of payment and that the Company is obligated to pay. Upon the exercise by the Company of either of the options provided for in subsections (b)(i) or (ii), the Company's obligations to the Insured under this policy for the claimed loss or damage, other than the payments required to be made, shall terminate, including any li- ability or obligation to defend, prosecute, or continue any litigation. 8. DETERMINATION AND EXTENT OF LIABILITY This policy is a contract of indemnity against actual monetary loss or damage sustained or incurred by the Insured Claimant who has suffered loss or damage by reason of matters insured against by this policy. (a) The extent of liability of the Company for loss or damage under this policy shall not exceed the lesser of (i) the Amount of Insurance; or (ii) the difference between the value of the Title as insured and the value of the Title subject to the risk insured against by this policy. (b) If the Company pursues its rights under Section 5 of these Con- ditions and is unsuccessful in establishing the Title, as insured, (i) the Amount of Insurance shall be increased by 10%, and (ii) the Insured Claimant shall have the right to have the loss or damage determined either as of the date the claim was made by the Insured Claimant or as of the date it is settled and paid. (c) In addition to the extent of liability under (a) and (b), the Com- pany will also pay those costs, attorneys' fees, and expenses in- curred in accordance with Sections 5 and 7 of these Conditions. 9. LIMITATION OF LIABILITY (a) If the Company establishes the Title, or removes the alleged defect, lien, or encumbrance, or cures the lack of a right of ac- cess to or from the Land, or cures the claim of Unmarketable Title, all as insured, in a reasonably diligent manner by any method, including litigation and the completion of any appeals, it shall have fully performed its obligations with respect to that matter and shall not be liable for any loss or damage caused to the Insured. OP -25 ALTA Owners Policy of Title Insurance 6-17-06 (with FLORIDA Modifications) (WLTIC Edition 12/1/17) Page 4 (b) In the event of any litigation, including litigation by the Com- pany or with the Company's consent, the Company shall have no liability for loss or damage until there has been a final deter- mination by a court of competent jurisdiction, and disposition of all appeals, adverse to the Title, as insured. (c) The Company shall not be liable for loss or damage to the Insured for liability voluntarily assumed by the Insured in set- tling any claim or suit without the prior written consent of the Company. 10. REDUCTION OF INSURANCE; REDUCTION OR TERMINATION OF LIABILITY All payments under this policy, except payments made for costs, attorneys' fees, and expenses, shall reduce the Amount of Insurance by the amount of the payment. 11. LIABILITY NONCUMULATIVE The Amount of Insurance shall be reduced by any amount the Com- pany pays under any policy insuring a Mortgage to which exception is taken in Schedule B or to which the Insured has agreed, assumed, or taken subject, or which is executed by an Insured after Date of Policy and which is a charge or lien on the Title, and the amount so paid shall be deemed a payment to the Insured under this policy. 12. PAYMENT OF LOSS When liability and the extent of loss or damage have been definitely fixed in accordance with these Conditions, the payment shall be made within 30 days. 13. RIGHTS OF RECOVERY UPON PAYMENT OR SETTLEMENT (a) Whenever the Company shall have settled and paid a claim under this policy, it shall be subrogated and entitled to the rights of the Insured Claimant in the Title and all other rights and remedies in respect to the claim that the Insured Claimant has against any person or property, to the extent of the amount of any loss, costs, attorneys' fees, and expenses paid by the Company. If requested by the Company, the Insured Claimant shall execute documents to evidence the transfer to the Com- pany of these rights and remedies. The Insured Claimant shall permit the Company to sue, compromise, or settle in the name of the Insured Claimant and to use the name of the Insured Claimant in any transaction or litigation involving these rights and remedies. If a payment on account of a claim does not fully cover the loss of the Insured Claimant, the Company shall defer the exercise of its right to recover until after the Insured Claimant shall have recovered its loss. (b) The Company's right of subrogation includes the rights of the Insured to indemnities, guaranties, other policies of insurance, or bonds, notwithstanding any terns 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 terns 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: 49084841 OP -25 -FI -1394- 9/16/2019 @ 12:48 PM 7861407 Property Type: State: Florida, County: INDIAN RIVER Address Reference: 61ST ST, Vero Beach, FL 32967 1. Name of Insured: Premium: Amount of Insurance: $1,167.50 $218,500.00 Indian River County, a political subdivision of the State of Florida 2. The estate or interest in the Land that is insured by this policy is: FEE SIMPLE 3. Title is vested in: Indian River County, a political subdivision of the State of Florida 4. The Land referred to in this policy is described as follows: RIGHT OF WAY PARCEL; All that Certain Piece, Parcel or Tract of land situate, lying and being a portion of Tract 1, Section 18, Township 32 South, Range 39 East, according to the last general Plat of lands of the Indian River Farms Company as recorded in Plat Book 2, Page 25 of the Public Records of St. Lucie County, Florida, now lying and being in Indian River County, Florida: said lands being more particularly described as follows to wit; Commencing for reference at the Northeast corner of said Section 18; thence, bearing North 88 degrees 59 minutes 05 seconds West, along the North line of said Section 18, a distance of 80.01 feet to a point; thence, leaving said North line, bearing South 00 degrees 12 minutes 27 seconds West, a distance of 30.00 feet to the Point and Place of Beginning of the herein described Parcel; thence, continue South 00 degrees 12 minutes 27 seconds West, along the East line of said Tract 1, a distance of 1,298.01 feet to a point on the South line of said Tract 1; thence, leaving said East line, bearing North 89 degrees 00 minutes 54 seconds West, along said South line, a distance of 126.01 feet to a point; thence, bearing North 00 degrees 12 minutes 27 seconds East, a distance of 1,298.07 feet to a point on the South line of Canal A 11; thence, bearing South 88 degrees 59 minutes 05 seconds East, along said South line, a distance of 126.01 feet to the Point of Beginning. 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) Our File No.: 49084841 (WLTIC Edition 1/26/11) ATF., ALTA 6-17-06 OWNER'S POLICY (WITH FLORIDA MODIFICATIONS) Policy No. OP-25-FL1394-7861407 File No.: 49084841 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. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate and complete survey of the Land. The term "encroachment" includes encroachments of existing improvements located on the Land onto adjoining land, and encroachments on the Land of existing improvements located on the adjoined land. 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. Restrictions, reservations, setbacks and easements, if any, as indicated and/or shown on that certain Plat recorded in Plat Book 2, Pages 12 and 25, of the Public Records of Saint Lucie County, said land now lying and being in Indian River County, Florida. 7. Any lien provided by Chapter 159, Florida Statutes, in favor of any city, town, village or port authority for unpaid service charges for service by any water, sewer or gas system supplying the insured land. Note: This policy is of no force and effect unless Schedule A and Schedule B are attached together with any added pages incorporated by reference. OP -25S / ALTA 6-17-06 Owner's Policy Schedule A and B (With Florida Modifications) (WLTIC Edition 1/26/11) Our File No.: 49084841 LW., CLOSING AGREEMENT Seller(s): Harris Groves, a Florida General Partnership Buyer(s): Indian River County, a political subdivision of the State of Florida Closing Agent: Atlantic Coastal Land Title Company, LLC Property Location: 61ST ST, 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 ASSOCIATION(S) (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 OBTAINEDZ 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 File No.: 49084841 Page 1 of 2 LTF 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 Seller acknowledges 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 Seller agrees 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. Harris Groves India Rive Cou William E. Harris, Sr. - Seller William K. ebraal, Deputy County Attorney - Buyer Shelby Harris. - Seller Date: William E. Harris, Jr. — Seller Craig Harris - Seller 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 File No.: 49084841 Ll F A. Settlement Statement U.S. Department of Housing ^ 0 and Urban Development OMB Approval No. 2502-0265 B. Type of Loan 1. ❑ FHA 2. ID RHS 3. ❑Conv. Unins. 4. ❑ VA 5. EDConv. Ins. 6. File Number 49084841 7. Loan Number 8. Mortgage Insurance Case Number C. Note: This form is furnished to give you a statement of actual settlement costs. Amounts paid to and by the settlement agent are shown. Items marked "(p.o.c.)" were paid outside the closing; they are shown here for information purposes and are not included in the totals. D. Name and Address of Borrower Indian River County, a political subdivision of the State of Florida 1801 27th Street Vero Beach, Florida 32960 E. Name and Address of Seller Harris Groves, a Fonda General Partnership 5335 8th Street Vero Beach, Florida 32962 F. Name and Address of Lender G. Property Location 61 ST ST Vero Beach, Florida 32967 INDIAN RIVER H. Settlement Agent Atlantic Coastal Land Title Company, LLC 85521st St. Suite C, Vero Beach, FL 32960 Place of Settlement 855 21 st Street Suite C Vero Beach, Florida 32960 I. Settlement Date 09/09/19 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 218,500.00 401. Contract sales price 218,500.00 102. Personal property 402. Personal propeq 103. Settlement charges to borrower line 1400 69,910.50 403. 104. 404. 105. 405. Adjustments for items paid by seller in advance Adjustments for items paid by seller in advance 106. Cit /town taxes to 406. Cit /town taxes to 107. County taxes to 407. County taxes to 108. Assessments to 408. Assessments to 109• 409. 110. 410. 111. 411. 112. 412. 120. GROSS AMOUNT DUE FROM BORROWER 288,410.50 420. GROSS AMOUNT DUE TO SELLER I 218,500.00 200. 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. 513. 214, 514. 215. 515. 216. 516. 217. 517. 218. 518. 219. 519. 220. TOTAL PAID BY / FOR BORROWER 520. TOTAL REDUCTION AMOUNT DUE SELLER 300. CASH AT SETTLEMENT FROM OR TO BORROWER 600. CASH AT SETTLEMENT TO OR FROM SELLER 301. Gross amount due from borrower line 120 288,410.50 601. Gross amount due to seller line 420 218,500.00 302. Less amounts paid by/for borrower line 220 602. Less reduction amount due to seller line 520 303. CASH FROM BORROWER 288,410.50 603. CASH TO SELLER 218,500.00 U9 -U4 -2U19 at 12:11 PM form HUD -1 (3/86) ref Handbook 4305.2 U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT SETTLEMENT STATEMENT PAGE 2 700. L. at t t LtIVILNT CHARGES: File Number: 49084841 TOTAL SALES/BROKER'S COMMISSION based on price $ Division of commission line 700 as follows: _- PAID FROM BORROWER'S FUNDS AT SETTLEMENT PAID FROM SELLER'S FUNDS AT SETTLEMENT 701. 702. $ to $ to 703. Commission paid at Settlement 704, 800. ITEMS PAYABLE IN CONNECTION WITH LOAN P.O.C. 801. Loan Origination Fee % 802. Loan Discount % 803. Appraisal fee to 804. Credit report to 805. Lender's inspection fee to 806. Mtg. ins. application fee to 807. Assumption fee to 808. 609. 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 vm to 904. 905. 1000. RESERVES DEPOSITED WITH LENDER FOR 1001. Homeowner's insurance mo. $ / mo. 1002. Mortgage insurance Mn ft.1 / mo. 1003. City propertytaxes Mn M& / mo. 1004. County property taxes M. MR / mo 1005. Annual Assessments Mn MA /mo. 1006. mo. $ / mo. 1007. mo. $ / mo. 1008. Aggregate Reserve for Hazard/Flood Ins, City/County Prop Taxes, Mortgage Ins & Annual Assessments 1100. TITLE CHARGES 1101. Settlement or closing fee to Atlantic Coastal Land Title Company, LLC 300.00 1102. Abstract or title search to 85.00 1103. Title examination to 1104. Title insurance binder to 1105. Document reparation to 1106. Notary fees to 1107. Attorney's fees to David W. Holloway, P.A. 44,022.00 (includes above item No: 1108. Title insurance to Westcor Land Title Insurance Company WEST 1,167.50 1109. 1110. (includes above item No: Lender's coverage Owners coverage 218,500.00-- 1,167.50 1111. Digital Archive/LandTech Fee 35.00 1112. 1113. 1200. GOVERNMENT RECORDING AND TRANSFER CHARGES 1201. Recording fees Deed $ 44.00 Mortgage $ ; Releases $ 44.00 1202. City/county/stamps Deed $ Mortgage $ 1203. State tax/stamps Deed $ Mortgage $ 1204. Intangible Tax Deed $ Mortgage $ 1205. Record Partnership Affidavit 27.00 1300. ADDITIONAL SETTLEMENT CHARGES 1301. Survey to 1302. Pest inspection to 1303. 1304. Reimbursement for Costs David W. Holloway, P. A. 24,230.00 1305. 1306, 1307. 1308. 1400._ TOTAL SETTLEMENT CHARGES enteron lines 103 and 502, Sections J and K) 69,910.50 0.00 ua-u4-zuiu at iz:n Fm form HUD -1 (3/86) ref Handbook 4305.2 HUD -1 SETTLEMENT STATEMENT File Number: 49084841 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 Coony 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. Seller Harris Groves William E. Harris, Sr. Shelby Harris William E. Harris, Jr. Craig Harris 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: September 9th, 2019 HUD -1 SETTLEMENT STATEMENT File Number: 49084841 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 Conn 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. Harris Groves William E. Harris, Sr. William E. Harris, Jr. Seller Shelby Harrig Craig Har is 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: September 9th, 2019 Office Of Attorney's Matters 08/13/2019 INDIAN RIVER COUNTY ATTORNEY Dylan Reingold, County Attorney William K. DeBraal, Deputy County Attorney Susan J. Prado, Assistant County Attorney MEMORANDUM TO: The Board of County Commissioners THROUGH: Richard B. Szpyrka, P. E., Public Works Director FROM: William K. DeBraal, Deputy County Attorney DATE: August 6, 2019 SUBJECT: Acquisition of Right -Of -Way Parcel 102 for Phase II of 66th Avenue Improvements from Harris Groves, 61St Street and 66th Avenue Harris Groves, a partnership, owns a 37.85 acre parcel of property located at the southwest corner of 66th Avenue and 61St Street. This site is rectangular in shape with 1,298.18 feet of frontage along 66th Avenue and is 1,143.7 feet deep. The property is located outside the urban service boundary and is zoned A-1 Agricultural, up to one unit per five acres. The parcel contains barbed wire fencing with no structures and is currently used for pasture in the family's cattle business. Harris Groves has owned the property Harris Groves Parcel 102 memo to BCC August 7, 2019 Page 12 In order to accommodate the planned improvements to 66th Avenue, the County needs to acquire approximately 3.75 acres from Harris Groves to be used for right-of-way. Site improvements consisting of a barbed wire fence and a flow well for irrigation lie within the area of take. Construction plans for this section of 66th Avenue call for the County to acquire a 156' deep strip along the length of the eastern border of the property. A sketch and legal description of the right-of-way are found below in this memo as Exhibit 11B". The total property needed is t 10% of the Parcel, leaving a remainder of 34.10 acres. r jE X H 1 B 1 I 1Trwar n 1=•. o.C:. It1 I NCYtAN NI VN:Ii<PARMS PLAT 40 Y.. Y tlE (�T LUOtEj CANAL hNE 19.1AN RIY�R 3.75 AOREEi 3B_04" 20' N Q1'i?2'00"E^-- g<y� Y LINE TRACT b .-I..-- "'- EABRMKN'Y LtNti; -� •ROPObL� RtG)NY Glr' fVAT HARCGL. W OOK LY X M 61st. S-rRE= E-=T—� A 11 CANAL tq I... W'� m�.r:w-.i`oe== rJ•rn«r}�s< yFg',1L�wyeu.+ ... � ...+.W.r ..r C3.4L O�.SCti(i>TrON AN17 �Fcr=TCM C7F w • �� 1'-^FtCLL 102 tNOYAN RIVBR. CO[JNTY, F=l_.ORIOA i-------btl"�( •ItI �� TRAOT b I m�.r:w-.i`oe== rJ•rn«r}�s< yFg',1L�wyeu.+ ... � ...+.W.r ..r C3.4L O�.SCti(i>TrON AN17 �Fcr=TCM C7F w • �� 1'-^FtCLL 102 tNOYAN RIVBR. CO[JNTY, F=l_.ORIOA Harris Groves Parcel 102 memo to BCC August 7, 2019 Page 13 $6- 1�'D,i1�i�pgEnLE�4.}ty gvj��,.'R L Ig�?��'1j(g $C$T MP{{A�C �AO RMf�CR[YLPE �?IN/�WNLry/p�YW ®pytOirygF'Ft�� fkpM{AH p��F���To p�C RLOR dA A t'> LAN�S BEION fi MOR@6PhRTCV LwR� E9d �O@.'O V C�t.l.0 WIT: TOHOgM�./MENi:INci F'dR RQF'ERENCyyE AY THE NOR9NEApT dOfiNEIY dF fi[AID $ECTON tp; ffiEOTIryry��O,, �N''yy`` LYq6E �wy.R..l n!'p(11YiNANrTi/F.�� fSpTpO D1E vss�rTYO A�[qW 01TNF� yE(}�NOR TH tJyN/�E}gryO' W ^JAIO �/�1yc iTAYiFI4FIf:t_;G4�T YC$THE gO1CNOT AN(]IYI..A�C$St„'INOP' t'!L"OIN NINOt ��fTHE MCIYCIN OOE96Pt1®CO 'iA'�{��IS�i{NC� 4F g17gtiwtlp�OtgygtF;gSET4t 1�y gO A P�yO�I�N�.1T OFL��Tt{_py�pJry la T(: N! 'JY�FC]AIA�ITT2AGT 1:i YLY>1.1 Y1NeLtNE AMNCC;JI&ST'AN L•y[�. CYR 1�(fl.`L6 Ci�"!i'E'T (TO AR TP�II�t'I'��n4^ WERT. RLONC SAiO y�yHH EJb�C541mF EET YO$A1 Pd NpT� LtNC, gF'.ARING NOitIN O't `C2'Ov^ EAXi T, w p1ppTANGE POIEM �(iNq Yl ll 1 f2t.Yta�'i?�UNK.. p T•• g6w8.'T. A D19TAhtY:t'. OP' 1.2H('>..Us F'L'.li Y' YO w I1pEE ��u/p TH � �hNhL A i'11 i �.l1,Rl'rLv'ggTw TO TH��(U�IJINg�gq(>R�(;1py;,/Cg�INNiNG'J. AA1(.�dNt? ggSl(Mi0 $pOUTN 41N�E..O�,JA DIETANM^E OP 3�b A<�I �S MAS Oq�D TA N6U'YSI�f'!'A-11 Nb r.. ICBG,1AiN�ORLTi$•��UNOITIOIV�H f.NO ET OR �tYYa\J'i:: Y.O t..z.ea ni.Sa"1:.L1F3 tY ffi I$ $KET OF" LCCAL GiCSORIPTON ON4Y. N6"1' A gOUN[YwwY N TRAC@HENT $VIYVEY:t 1. FI6 BEARS NOIRTN ®p0`tEXV� R^ f:_Ay NURvk.v, 1!9 TIiC. &wiRT LANG OF 36CTON 16. SAID 'ti FI(:` OALE OP THIS ORAW6N0 MAY HhVF.: F]CKN DIRTcatYTEI? dURINO R)$)PROOV CTdN WRC'>Car;eig(_>;i, C~lF WAYINM AEHAOrtlfY068TH1PA VENUS FREPAtkdJi tffi gh86IU9THE PRELIMINARY RK]tIT — 4—OK, $ OIREdT@D pY INDfAN RIVBiYp`(fUN�Y�Hk.dMk p�D ASHOCIATES. OATED cmaL I:sa :SCRIPTION ANO SKg7'C.H CW I W�a+.H..r. PARCEL 102 2 OF 2 tPI CJIAN RiVMR COUWry, FLORIDA A recent appraisal establishes the value of the partial taking at $85,100. Ina letter dated May 31, 2017, the County offered Harris Groves $86,250 for the 3.75 acres making up Parcel 102. The offer was based on a value of $23,000 per acre. No severance damages were assessed with the most recent appraisal. Due to the size of the parent parcel, staff did not make an offer on the entire parcel. However, back in 2008, the Board extended an unconditional offer on the Harris Groves parcel in the sum of $148,350. That offer consisted of the value of the land taken of $114,000 ($30,367.61 per acre) with severance damages in the amount of $15,000 plus a 15% bonus in order to defray possible attorney's fees bringing the unconditional offer to $148,350. Severance damages were deemed to apply as the take will result in a 10% reduction to the size of the property. A pre -suit mediation conference was held on July 11, 2019, with Harris Groves. The partnership consists of Mr. and Mrs. Harris and their sons Billy and Marlon. Also in attendance were the attorney for Harris Groves David Holloway, Public Works Director Rich Szpyrka, and the Deputy County Attorney. Attorney Randy Brennan was the mediator. Harris Groves Parcel 102 memo to BCC August 7, 2019 Page 14 The County's initial appraisal of the Parcel was performed by Armfield & Wagner and they assigned a value of $85,100 for the 3.75 acres of right-of-way. The appraiser retained by Harris Groves valued the Parcel at $646,000 for a partial take. After further discussion, the parties reached an agreement under the following terms: 1. Harris Groves would convey the 3.75 acre right-of-way parcel (Parcel 102) to the County for the sum of $218,500. The breakdown of the purchase price would be as follows: $35,250/acre x 3.75 acres = $132,190 + $59,500 severance damages (5% of the remainder 34 acres) + $27,000 to remove and replace the 1,298 feet of fence and regrade the dirt road along the entire length of the inside of the fence for a total of $218,500 (figures were rounded for ease of settlement). 2. The planned left turn median cut will be located so that the centerline of the median cut will correspond with the southern boundary of the Harris Groves property. 3. The County (or its contractor) will construct a 14' wide driveway at 66"' Avenue expanding to 36' at the southern -most border of the remainder of Parcel 102. 4. The County has no objection to Harris Groves installing a code compliant culvert for access to the remainder property from 61St Street, subject to approval of all other jurisdictions. 5. Within 30 days after closing, the County shall stake the new right-of-way line and the location of the 61 st Street driveway. 6. The County shall pay the sum of $44,022 in attorney's fees and $24,230 in costs to Harris Groves. These construction conditions were approved by the Public Works Director By purchasing the property in advance of filing a lawsuit, staff is attempting to save on expert witness fees that would have been incurred by both parties. Pursuant to eminent domain statutes, the County is responsible for paying reasonable expert witness fees incurred by both parties. As noted in the past, expert witness fees for both parties often exceed $100,000 by the time the suit is filed, depositions of the experts are taken and mediation is held. The County has achieved significant savings in this case by not having to hire our trial witnesses (appraiser, engineer and land planner), outside counsel and compromises on attorney's fees and expert costs. At the conclusion of the mediation conference, the parties entered into a Pre -Suit Mediation Settlement Agreement which is found below as Exhibit "C". FUNDING: Funding for this acquisition is budgeted and available from Traffic Impact Fees/District II/ROW/66th Ave/49th Street -65th Street- Acct #10215241-066120-07806. STAFF RECOMMENDATION: Staff recommends the Board approve the mediation agreement to purchase the 3.75 acre Harris Groves property for $218,500 with the stated INDIAN RIVER COUNTY (hereafter Petitioner) VS. Harris Groves, a partnership (PARCEL 102) (hereafter Defendants) f PRE -SUIT MEDIATION SETTLEMENT AGREEMENT The above named Petitioner and Defendants 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 Respondents and located at on 66th Ave, Vero Beach FL 32967, (Hereafter "Parcel 102") 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 $218,500.00 (Two Hundred Eighteen Thousand Five Hundred Dollars) for Parcel 102; and B. The Petitioner will pay the Defendant $44,022.00 (Forty Four Thousand Twenty Two Dollars) in attorney's fees, including any non -monetary claims for fees; and C. The Petitioner will pay Defendant $24,230.00 (Twenty Four Thousand Two Hundred Thirty 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 102 containing 3.75 acres or 163,552 square feet +/-) 3. The Petitioner agrees to construct a driveway from 66th Ave onto Parcel 102 at a 6% slope (with a 36' width where the driveway connects to 66th Avenue and at least 14' width at the right of way line) during the planned 66th Avenue roadway widening project (hereafter the Road Project). Depending on the engineering requirements, the driveway may extend into Parcel 102, in which case Defendant agrees to give Petitioner a temporary construction easement or right of entry to construct the driveway. The driveway will be concrete to the right of way line- and will be located at the median cut described below. 4. The Petitioner agrees that a median cut will be installed during the Road Project and that the median cut will be centered on the property boundary between Parcel 102 and the next property to the south. Further, the Petitioner agrees to install a left turn lane at this median cut for northbound 66th Ave traffic. 5. The Petitioner agrees that it has no objection to Respondent installing a code compliant culvert and driveway along 61st Street, however the parties agree that such culvert is subject to approval by the water management district with jurisdiction. The Petitioner will provide the driveway curb cut for this driveway as shown on the Petitioners plans. 6. Within 30 days after the closing the Petitioner will stake the new right of way line and the driveway located on 61st street. 7. 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. 7. Except as stated herein, all parties to this agreement further agree to bear their own costs and fees. 8. The Petitioner will pay the entire cost of the mediation. 9. This agreement is final and binding as of the date and time it is signed by or on behalf of the parties. 10. Other agreements: None Done and agreed to on this 11th day of July, 2019 in Vero Beach, Florida. WILLIAM K. DEBRAAL, ESQUIRE Harris Groves Indian River County Attorney Respondent/Representative William E. Harris, Sr. r 'U" Shelby Harr! William E. Harris,'Jr. Craig Harris E % { ��. / I -W -HOLLOWAY, ES ey for Respondents H,RN4#,DAL RENNAN,-M�T(?R. Medi` �t6 t :15632CR The Pre -Suit Mediation Settlement Agreement dated July 11, 2019 between Petitioner (Indian River County) and Defendants (Harris Groves, a partnership — Parcel 102) is hereby approved by the Board of County Commissioners of Indian River County, Florida. Attest: Jeffrey R. Smith Clerk of rcuit Coq and Comptroller r `Deputy Clerk Approved as to form and legal sufr ie cy: By. S&- — William K. DeBraal Deputy County Attorney INDIAN RIVER COUNTY, FLORIDA By its Board of County Commissioners C,f1 %Y *... Bob Solari, Chairman BCC approved: August 13, 2019 ;, �,;,;„ �+• (Official Seal) LINE TABLE LINE _ LENGTH BEARING L1 80.01 N88,59, 51W L2 30.00 500'12'27"W J TRACT 16 N w P. 0. C. INDIAN RIVER FARMS CO, PLAT BOOK N.E. CORNER — — SECTION 18 2. PAGE 25 (ST. LUCIE) (CALCULATED) 30 NORTH LINE P.0.8. SECTION 18 �- 30' 1 NORNE TRACT 1 �— — S88'S9'05"E R/W RESERVATON 126.01' INDIAN RIVER FARMS CO. PLAT BOOK 2, PAGE 25 (ST. LUCIE) /'� SOUTH LINE EAST LINE - CANAL A-11 ' TRACT 1 66TH A I BA ELINEE ' 32391800001001000001.0 ORB 1286, PG 2888 TRACT 8 126.01' 0 66th A cot PARCEL � ( IN L1 61st. STREET 5? A 11 CANAL ri er ui w, M N aul F W N W Z� w »> E z t~v J 'N to tn or 0 0 S '1r00' cc,t wz F y GRAPHICSCALE J 130' N L11 INDIAN RIVER FARMS CO. PLAT BOOK 2. PAGE 25 ( LUCIE) Z TRACT 4 "I j z 2 Q � a , , L EMCE- V, ;I%;ER COUNTY 80�---� 50' —i N I TRACT 5 .LEGEND .- 2 W a N w Ck:' INDIAN RIVER FARMS CO, PLAT BOOK — — Z�( 2. PAGE 25 (ST. LUCIE) P.O.C. 10 Boord Protatstu�ydo da Npraetke sat forth by y. fyarido Pr*th-v TRACT 1 POINT OF BEGINNING RIGHT a L OF WAY OFFICIAL RECORDS BOOK and that thh Was&, to - tm- wd mc -at. mp-$ heat of my krtoW.dye and bNt f. SLbjset t PB PARCEL 102 hMQOn' otaaQtond not fanaaahown PG FDOT 163,552 SQ.FT. OF TRANSPORTATION SS EG DFW£TFR ASM. Na sy7D 3.75 ACRES SECTION w! 7E. Not Wpd slthouf Hae etynot -dMd 11. ortptna rased a..I at a f7orkyo Uaansad 3rwjor andMorn NCL '�/ LEGAL DESCRIPTION AND SKETCH OF7/10/t7 SNE[T NOYBQt EZIlGimlep)) *,a�MPBaXCT PARCEL1021 a rr0. OF 2 04703soa INDIAN RIVER COUNTY, FLORIDA z ~ W p U 4 h 20' --i� TRACT 8 126.01' 0 66th A cot PARCEL � ( IN L1 61st. STREET 5? A 11 CANAL ri er ui w, M N aul F W N W Z� w »> E z t~v J 'N to tn or 0 0 S '1r00' cc,t wz F y GRAPHICSCALE J 130' N L11 INDIAN RIVER FARMS CO. PLAT BOOK 2. PAGE 25 ( LUCIE) Z TRACT 4 "I j z 2 Q � a , , L EMCE- V, ;I%;ER COUNTY 80�---� 50' —i N I TRACT 5 .LEGEND .- _ SECTION UNE EASEMENT UNE PROPERTY UNE PROPOSED RIGHT OF WAY — — PARCEL RIGHT OF WAY UNE mh cartt5., thot d raga d.:vaotra, and sketch of th. property shown hf O^ was mods andel my auperNsian and thot th/a /,got desaNptran P.O.C. POINT OF COMMENCEMENT Boord Protatstu�ydo da Npraetke sat forth by y. fyarido Pr*th-v P.O.B. R/W POINT OF BEGINNING RIGHT of AdmA,fof Cod Sunv� and Mappers h Choptr 5,hf7, fyoft � ��do Statute; ORB OF WAY OFFICIAL RECORDS BOOK and that thh Was&, to - tm- wd mc -at. mp-$ heat of my krtoW.dye and bNt f. SLbjset t PB PLAT BOOK hMQOn' otaaQtond not fanaaahown PG FDOT PAGE FLORIDA DEPARTMENT OF TRANSPORTATION SS EG DFW£TFR ASM. Na sy7D SECT. SECTION OA• JUL 2 4 2017 7E. Not Wpd slthouf Hae etynot -dMd 11. ortptna rased a..I at a f7orkyo Uaansad 3rwjor andMorn '�/ LEGAL DESCRIPTION AND SKETCH OF7/10/t7 SNE[T NOYBQt EZIlGimlep)) *,a�MPBaXCT PARCEL1021 a rr0. OF 2 04703soa INDIAN RIVER COUNTY, FLORIDA RIGHT FF WAY A CEL A PORTION ALL THAT CERTAIN PIECE, PARCEL OR TRACT OF LAND SITUATE, LYING AND BEING ACCORDING TO THECLAST GE ERAL PLAT OF LIANDS OFOWNSHP .32 U E INDIAN 39 EAST FARMS COMPANY AS RECORDED IN PLAT BOOK 2, PAGE 25 OF THE PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA, NOW LYING AND BEING IN INDIAN RIVER COUNTY, FLORIDA; SAID LANDS BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, TOWIT; COMMENCING FOR REFERENCE AT THE NORTHEAST CORNER OF SAID SECTION 18; THENCE, BEARING NORTH 88'59'05" WEST, ALONG THE NORTH LINE OF SAID SECTION 18, A DISTANCE OF 80.01 FEET TO A POINT; AID NORTH THENCE. LEAVING SOUTH 00-12'27- EEDISTANCE OF0.DOEETTOTHE POINT AND PLACE OF BEGINNING OFTHHEREINDESCRIBED PARCEL; THENCE, CONTINUE SOUTH 00'12'27" WEST ALONG THE EAST UNE OF SAID TRACT 1, A DISTANCE OF 1,298.01 FEET TO A POINT ON THE SOUTH UNE OF SAID TRACT 1; THENCE, LEAVING SAID EAST LINE. BEARING NORTH 89'00'54" WEST, ALONG SAID SOUTH LINE, A DISTANCE OF 126.01 FEET TO A POINT; THENCE, BEARING NORTH 00'12'27" EAST, A DISTANCE OF 1,298.07 FEET TO A POINT ON THE SOUTH UNE OF CANAL A 11; THENCE, BEARING SOUTH 88'59'05" EAST, ALONG SAID SOUTH LINE, A DISTANCE OF 126.01 FEET TO THE POINT OF BEGINNING. THE ABOVE DESCRIBED PREMISES CONTAIN AN AREA OF 153,552 SOUARE FEET OR 3.75 ACRES, MORE OR LESS, SUBJECT TO ALL EASEMENTS, CONDITIONS AND RESTRICTIONS AS CONTAINED WITHIN THE CHAIN OF TITLE. 0 g g SURVEYORS_ NOTES < 1) THIS IS A SKETCH OF LEGAL DESCRIPTION ONLY, NOT A BOUNDARY RETRACEMENT SURVEY, 8 2) THE BEARING BASE FOR THIS SURVEY, IS THE EAST UNE OF SECTION 18. SAID LINE BEARS NORTH 00'12'27" EAST. $e 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. �1I N/A o'A Kimley»)Horn1 TOT w DATE LEGAL DESCRIPTION AND SKETCH OF °R^M 7/107 S.ET NUNaOi f �� �TM em-r�s7m ne '�s` .�. w �2/ PARCEL 102 �"`° X07 Na INDIAN RIVER COUNTY, FLORIDA 2 OF 2 � mare m-nFrwo �.k�+'-aWtcy 047035041....