Loading...
HomeMy WebLinkAbout2019-173DEVELOPER'S AGREEMENT BETWEEN ,f INDIAN RIVER COUNTY, FLORIDA This Developer's Agreement, ( the "Agreement")is made and entered into this 22 day of October , 2019, by and between The Virginia W. Russell Family Limited Partnership., a Florida limited partnership (hereinafter "Russell"); Riverfront Groves, Inc., a Florida corporation (hereinafter "Riverfront"); and Indian River County, Florida, a political subdivision of the State of Florida (hereinafter "County"). Recitals WHEREAS, Russell owns certain property (the "Russell Property") located in Indian 'River County and more particularly described as follows: WHEREAS, Riverfront owns certain property (the "Riverfront Property") located in Indian River County and more particularly described as follows: SEE EXHIBIT "B" ATTACHED AND INCORPORATED HERETO; WHEREAS, on December 3, 2018, the Board of County Commissioners of Indian River County adopted and updated the Capital Improvement Element to its Comprehensive Plan to include funding for a specific'project tentatively called I Ph Drive/McCrystal Drive (hereinafter "II'h Drive"2 as an extension between 37th Street and 41St Street as part of the alternative to widening 37 Street; and WHEREAS, as a result of this decision by the County, 111h Drive qualifies for funding and impact fee credits from the County; and WHEREAS, a portion of the proposed alignmen, of 11th Drive runs along the border between the Russell Property and the Riverfront Property; and WHEREAS, Russell, Riverfront, and the County desire to cooperate with each other to dedicate right-of-way for and to accomplish the construction of 11 th Drive, for the mutual benefit of each party; NOW, THEREFORE, for and in consideration of the mutual covenants contained herein and other good and valuable consideration, Russell, Riverfront, and the County hereby agree as follows: The foregoing recitals are true and incorporated as if fully restated herein. 2. Prior to or in conjunction with full or partial development of the Russell Property, but not later than six (6) months from the date of this Agreement, Russell agrees to dedicate to the County 30 feet of right-of-way along Russell's eastern property line (adjacent to Riverfront's west line) to the County for the purpose of design, permitting, and construction of 11 m Drive in accordance with plans and specifications which shall be approved by all parties through the County right-of- way permitting process in accordance with Chapter 312 of the Indian River County Code of Ordinances. In addition, Russell shall dedicate to the County 60 feet of right-of-way between the southern boundary of the Riverfront Property to the south line of the Russell site to align with the portion of 11th Drive to be extended by the County at a location determined by the County. Pursuant to Section 1000.12, Indian River County Code, Russell shall receive transportation impact fee credits in exchange for the dedication. Such credits shall be determined as provided in the County's application for impact fees credit agreement. Prior to or in conjunction with full or partial development of the Riverfront Property, but not later than six (6) months from the date of this Agreement, Riverfront agrees to dedicate 30 feet of right-of-way along Riverfront's western property line for the purpose of design, permitting, and construction of 11th Drive in accordance with plans and specifications which shall be approved by all parties through the County right-of-way permitting process in accordance with Chapter 312 of the Indian River County Code of Ordinances. Pursuant to Section 1000. 12, Indian River County Code, Riverfront shall receive transportation impact fee credits in exchange for the dedication. Such credits shall be determined as provided in the County's application for impact fees credit agreement. 4. The right-of-way to be dedicated and the proposedalignment of l lth Drive are depicted on Exhibit "C" attached and incorporated hereto. 5. For purposes of development, density, whether measured by residential units, non-residential square foot area, or other method, shall be calculated based upon the pre -dedication size (area) of the Russell Property and the Riverfront Property. 6. A. Russell agrees to design, permit, and construct 1 lth Drive as a two-lane roadway as located on Exhibit "C", including turn lanes, (hereinafter "1 Ith Drive Project"). All road construction shall be in compliance with design plans and standards which have been approved by Indian River County through the County right-of-way permitting process in accordance with Chapter 312 of the Indian River County Code of Ordinances. B. Provided the County, through its Public Works Director or other designated official, has reviewed the bid documents prior to bidding and the bids prior to approval for the work described herein, the County shall reimburse Russell or its assignee for all design, permitting, and construction costs associated with the 11th Drive Project. Notwithstanding the foregoing, the County shall not be responsible for those'costs specifically required by development of the Russell Property ("Russell Project -Related Improvement"). C. Russell or its assignee shall invoice the County for all costs except those specifically required by development of the Russell Property ("Russell Project - Related Improvements") and shall be reimbursed by the County as draws throughout the design, permitting, and construction of the 1 Ith Drive Project. Any invoice submitted by Russell or its assignee to the County for County's payment shall be reimbursed by the County according to the Local Government Prompt Payment Act (Section 218:70-218.80, Florida Statutes, 2017), and not with impact fee credits. County hereby designates its Public Works Director to receive invoices from Russell or its assignee. Each invoice shall be accompanied by an itemized bid schedule or quantity sheet for the I Ith Drive Project and a signed and sealed letter from the Engineer overseeing the 1 lth Drive Project that construction to date has been constructed in accordance with the approved plans. The letter must also stipulate that the Engineer has verified the quantities listed. as part of the monthly invoice. The Public Works Director shall have twenty-one (21) days to review and approve reimbursable costs or to request revisions or additional information. D. Prior to beginning the design and permitting of the II`h Drive Project, Russell shall submit an engineer's cost estimate for the design and permitting of that portion of the 11th Drive Project from 41St Street to the southern boundary of the Russell Property. Such cost estimate shall be approved by both parties prior to beginning the design and permitting of the l Ith Drive Project. The agreed upon cost shall be presented to the Indian River County Board of County Commissioners for approval. 7. At the time Russell elects to develop the Russell Property hereto, Russell agrees to incorporate sufficient capacity in- the development of the Russell Property to provide stormwater treatment for the impervious area within the Ilth Drive Project right-of-way for the portion of l It Drive on the Russell and Riverfront Properties and shall, dedicate a non-exclusive easement to access,. construct, maintain and use an appropriate stormwater tract for such purpose. The treatment capacity shall be sufficient to accommodate all impervious improvements within the County right-of-way associated with I I'h Drive Project. The County shall be responsible for all costs associated with the design, permitting, and construction of these permanent capacity drainage improvements for l Ith Drive Project only, excluding developer required impervious area. If prior to development of the Russell Property, drainage for the 11th Drive Project is necessary for design, permitting and construction of 11th Drive Project by the County, , Russell agrees to provide a suitable location compatible with the Russell development plan- for the County to construct a temporary stormwater facility and shall provide temporary non-exclusive easement for access, construction, maintenance and use of the temporary stormwater facility. The County shall be responsible for costs associated with design, permitting, and construction of the temporary facility. 8. Russell's obligation to design, permit, and construct the 11th Drive Project in accordance with Chapter 312 of the Indian River County Code of Ordinances is expressly contingent upon Russell's election to proceed with developing the Russell Property. In the event Russell orits assignee elect not to proceed with the development within six (b) months from the date of this Agreement, then the County may proceed to design, permit, and construct then lth Drive Project at its own cost and expense except Russell Project -Related Improvements. If the County proceeds with design, permitting, and construction of the 11 th Drive Project, the County will offer in writing to Russell the opportunity to participate in the design, permitting, and construction of Russell Project -Related Improvements. Notwithstanding the foregoing, Russell shall still timely dedicate the right -of- way as described herein in exchange for impact fee credits and density credits as described above. 9. The Parties acknowledge the County is negotiating to purchase the right-of-way necessary to extend 11th Drive from Russell's south property boundary south to 37th Street. If the County has not entered into a contract for the purchase of said right-of-way within 90 days of the date of this Agreement, then Russell or its successors .or assigns shall, include as part of the site plan. and right-of-way permitting process, a temporary connection to 12th Drive, to provide a southern access to the Russell Property development from 37th Street. When 116' Drive is completed in an alignment from 37th Street to 41St Street, this temporary access connection to 12th Drive will be closed by Russell or its successors. 10. Miscellaneous: A. In the event. of any litigation arising out of this Agreement, the prevailing party shall recover attorney's fees and costs from the non -prevailing party. B. No amendment, modification, change, or alteration of this Agreement shall be valid or binding unless accomplished in writing and executed by all of the parties hereto. C. This Agreement may be assigned and shall be binding upon and inure to the benefit of the parties hereto and their successors and assigns. D. This Agreement contains the entire agreement and understanding between the parties. No representation, statement, recital, undertaking, or promise not specifically set forth herein shall be binding on any parties hereto. This Agreement shall not be effective unless signed by Russell, Riverfront, and the County. E. Except for the dedication of right-of-way, the obligations of Russell to this Agreement are expressly conditioned upon Russell's decision, at Russell's sole discretion, to proceed with development of the Russell Property. F. This Agreement and all matters arising hereunder shall be governed by and construed in accordance with the laws of the State of Florida. Venue hereunder shall lie in Indian River County, Florida. Time shall be of the essence. G. This Agreement shall be deemed prepared jointly by each of the parties hereto and shall be construed on parity as between the parties. There shall be no canon of construction for or against any party by reason of the physical preparation of this Agreement. H. Whenever the singular number is used in this Agreement and when required by the context, the same shall include the plural; and the masculine, feminine, and neuter genders shall each include the others. I. ' The County, Russell, and Riverfront shall grant such further assurances and provide such additional documents as may be reasonably required by one another from time to time, and cooperate fully with one another in order to carry out the terms and conditions hereof and comply with express intention of this Agreement. J. This Agreement may be executed in any number of duplicate originals and any such duplicate original shall be deemed to constitute one and the same instrument. (Signature pages to follow) IN WITNESS WHEREOF, the parties have executed this Developer's Agreement as of the day and year first above written. The Virginia W. Russell Family Limited Partnership, a Florida limited partnership ByI../^-" Name/Title:�444;,lf Riverfront Groves, Inc., A Florida corporation LIM Name/Title: C:\Users\Hugh Russell\AppData\Local\Microsoft\Windows\Temporary Internet Files\Content.Outlook\NZDR10S9\Developer's Agreement Clean 9.30.19 County Rev.docx IN WITNESS WHEREOF, the parries have executed this Developer's Agreement as of the day and. year first above written. The Virginia W. Russell Family Limited Partnership, a Florida limited partnership Name/Title: A��1_ 11f -4 FI -6' Riverfront Groves, Inc., A Florida corporation By: I Name/Title.. C-.\Users\Hugb Russell\AppDatalLocal\Microsoft\Windows\Temporary Internet Files\Content.Out1ooMNZDR10S9\Developer's Agreement Clean 9.30.19 County Rev.docx ATTEST: n'Jeffrpy R. smith, Clerk of Court and Comptroller epu Clerk (SEAL) m. Nan Approved as to form and legal sufficiency: Approved as policy Name: Dylan Reingold Name: Ja County Attorney ' County to County Exhibit "A-" .legal Description - Russell Property Indian River County, Florida ALL OF THE SOUTHWEST 1/4 OF .THE SOUTHWEST 1/4OF SECTION 25, TOWNSHIP 32 SOUTH, RANGE 39 EAST, AND ALL OF THE SOUTHEAST 1/4 OF 7HE SOUTHEAST 1/4 OF SECTION 26, TOWNSHIP 32 SOUTH, RANGE 39 EAST; AND ALL OF THE NORTHEAST 1/4 OF THE SOUTHEAST 1/4 OF SECTION 26, TOWNSHIP 32 SOUTH, RANGE 39 EAST, AND ALL OF THE EAST 1/2, OF 7HE SOUTHEAST 1/4 OF THE NORTHWEST 1/4 OF THE SOUTHEAST 1/4 OF SECT70N 26, TOWNSHIP 32 SOUTH RANGE 39 EAST,• LESS AND EXCEPT THE SOUTH 715 FEET OF THE SOUTHWEST 1/4 OF THE SOUTHWEST 1/4 OF SEC770N 25, OF SEC77ON 25 TOWNSHIP 32 SOUTH RANGE J9,EAST, AND LESS THE SOUTH 715 FEET OF THE SOUTHEAST 114 OF THE SOUTHEAST 1/4 OF SECTION 28, TOWNSHIP 32 SOUTH RANGE 39 EAST, AND LESS THE NORTH 84.85 FEET OF THE FOLLOWING DESCRIBED PARCEL: BEGINNING AT A POINT 991.7 FEET SOUTH OF THE NORTHWEST CORNER OF EAST HALF OF SOUTHEAST QUARTER OF SEC77014 26, TOWNSHIP 32 SOUTH, RANGE 39 EAST 7HENCE RUN SOUTH 660 FEET ALONG THE WEST LINE OF SAID EAST HALF OF SOUTHEAST QUARTER, THENCE RUN EAST 330 FEET,- THENCE NORTH 660 FEET; 7HENCE WEST 330 FEET TO THE POINT OF BEGINNING, LESS AND EXCEPTING THE SOUTH 150.88 FEET THEREOF. ALL Li7NG AND BEING IN INDIAN RIVER COUNTY, FLORIDA. AND LESS THE SOUTH 84.85 FEET OF THE NOR7H 424.25 FEET OF THE FOLLOWING DESCRIBED PARCEL: BEGINNING AT A POINT 991.7 FEET SOUTH OF THE NORTHWEST CORNER OF EAST HALF OF SOUTHEAST QUARTER OF SEC77ON 26, TOWNSHIP 32 SOUTN RANGE 39 EAST, THENCE RUN SOU7H 660 FEET ALONG THE WEST LINE OF SAID EAST HALF OF SOUTHEAST QUARTER; 'THENCE RUN EAST 330 FEET, THENCE NORTH 660 FEET,• THENCE WEST 330 FEET TO THE POINT OF BEGINNING, LESS AND EXCEP771VG THE SOUTH 150.88 FEET THEREOF. ALL L 1?NG AND BEING IN INDIAN RIVER COUNTY, FLORIDA. AND LESS. • THE SOUTH 84,85 FEET OF THE NORTH 169.7 FEET OF THE FOLLOWING DESCRIBED PARCEL: BEGINNING AT A POINT 991.7 FEET SOUTH OF THE NORTHWEST CORNER OF EAST HALF OF SOUTHEAST QUARTER OF SEC77ON 26, TOWNSHIP 32 SOUTH, RANGE 39 EAST THENCE RUN SOUTH 660 FEET ALONG THE WEST LINE OF SAID EAST HALF OF SOUTHEAST QUARTER THENCE RUN EAST 330 FEET- THENCE NORTH 660 FEET, THENCE WEST 330 FEET TO THE POINT OF BEGINNING, LESS AND EXCEP77NG THE SOU771 150.88 FEET THEREOF. ALL LYING AND BEING IN INDIAN RIVER COUNTY, FLORIDA. AND LESS: THE SOUTH 84.86 FEET OF TIME FOLLOWING DESCRIBED PROPERTY; BEGINNING AT A POINT 991.7 FEET SOUTH OF THE NORTHWEST CORNER OF EAST HALF OF SOUTHEAST QUARTER OF SEC770M 26, TOWNSHIP 32 SOUTH, RANGE. 39 EAST THENCE RUNNING SOUTH 660 FEET; 7HENCE EAST 330 FEET - THENCE NORTH 660 FEET, THENCE WEST 330 ,FEET TO THE POINT OF BEGINNING, LESS THE SOUTH 1/2 ACRE THEREOF. AND LESS: ONE—HALF (1/2) ACRE OFF THE SOUTH END OF THE FOLLOWING DESCRIP770N: BEGINNING AT A POINT 991.7/10 FEET SOUTH OF THE NORTHWEST CORNER OF EAST HALF OF SOUTHEAST QUA97ER OF SECTION 26, TOWNSHIP 32 SOUTH, RANGE 39 EAST; THENCE RUN SOU7H 660 FEET; THENCE EAST 330 FEET THENCE NORTH 660 FEET THENCE WEST 330 FEET TO THE POINT OF BEGINNING, CONTAINING 6 ACRES MORE OR LESS. AND LESS. • N 7HE COUNTY OF INDIAN RIVER, IN THE TOWN OF VERO BEACH, IN THE STATE OF FLORIDA, BEGINNING AT A POINT 991.7/10 FEET SOUTH OF THE NORTHWEST CORNER OF EAST HALF OF SOUTHEAST QUARTER OF SEC77ON 26, TOWNSHIP 32 SOUTH, RANGE 39 EAST, THENCE RUNNING SOUTH 660 FEET, THENCE EAST 330 FEET ]HENCE NORTH 660 FEET, THENCE WEST 330 FEET TO THE POINT OF BEGINNING, CONTAINING FIVE (5) ACRES MORE OR LESS, WITH THE EXCEP77ON OF 1/2 ACRES or THE SOUTH END OF THE FOREGOING DESCRIPTION, RUNNING 330 FEET FROM EAST TO WEST HAVING BEEN PURCHASED BY IVE WILLIAMS AND JOHNNY MAE MLLIAMS, HIS WIFE; FROM THE LEGAL OWNERS, JOSEPH SIMMONS .AND JESSIE SIMMONS, HIS WIFE, PRIOR TO THE DEATH OF JOSEPH SIMMONS AND JESSIE SIMMONS HIS WIFE AND LESS BEGINNING AT A POINT WHICH IS NINE HUNDRED NINETY—ONE AND SEVEN—TENTHS (991.7) FEET SOUTH OF THE NORTHWEST CORNER OF, THE EAST HALF (1/2) OF 7HE SOUTHEAST QUARTER (1/4) OF SE077ON TWENTY—SIX (26), TOWNSHIP 7HIRTY TWO (32),, RANGE 77WRTY—NINE (39) EAST, THENCE RUNNING SOUTH SIX HUNDRED SIXTY (65) FEET, THENCE EAST THREE HUNDRED THIRTY330) FEET, THENCE NORTH SIX HUNDRED SIXTY (660) FEET, THENCE WEST THREE HUNDRED THIRTY (330) FEET, TO POINT OF BEGINNING, CONTAINING FIVE (5) ACRES MORE OR LESS Sheet 1 of 2 LEGAL—UESCRIPTION & SKETCH Drawnby:'Cheched by) Filename ' Date 1Scale Drawing Name' This is NOT a Boundary Survev DMT DMT 6190 6/17/19 NIA I 6190-rw Masteller, Moler & Taylor, Inc. NOT VALID UT THE SIGNATURE AND. THE.' ORIGI L ISED SEAL OFA RIDA PR0FE,3a10NAL _SURVEYORS AND MAPPERS LICE ED RVEY ND MAP LAND SURVEYING 13USINESS #4644 ey 1655 27th Street, Suite 2 Vero Beach, Florida 32960 Phone: (772) 564-8050 Fax: (772) 794-0647 DAVID TAYLOR P.L.S. _52_43 Exhibit "A" Legal Description Russell Property Indian River County, .Florida RIV VMWT PROMTY NW1/d' Or SW 1/4 SECTT 25-379-38E 30' R/W TO BE OCEAN HEALTH RE VERO BEACH 2DIVI I ASSOCIATES SUBO141SlON 0 A B HAVIOR HEALTH $ CENTER j PROPOSED GO' R/W '11MIAM awry cn1JMTY (/! Sheet I of 2 LEGAL ITTSM77M & M77M Drawn by,Checked by File name I Date Scale I Drawing Name "This is NOT a Boundary Surve ' RMT I DMT 6190 8/17/19 1 1"=400' 1 6190-rw Masteller, Moler & Taylor, Inc. NOT VALID OUT THE SIGNATURE AND PROFESSIONAL SURVEOR AND MAPPERS THE ORI A RAISED SEAL OF A FLORIDA Y � a� LIC SE SURVEYOR AND P LAND SURVEYING BUSINESS #4644 1655 27th Street, Suite 2 Vero Beach, Florida 32960 Phone: (772) 564-8050 Fox: (772) 794—.0647 DAVID TAYLOR P. S. 5243 Exhibit "B " Legal Description Riverfront Property Indian River County, Florida tEGAt DESC►?►Pli©N ALL OF THE NORTHWEST 1/4 OF THE SOUTHWEST 1/4 OF SECTION 25, TOWNSHIP 32 SOUTH, RANGE 39 EAST' BEING IN INDIAN RIVER COUNTY, FLORIDA. LESS AND EXCEPT RIGHT OF WAY FDR INDIAN RIVER BOULEVARD AS DESCRIBED IN OFFICIAL RECORD BOOK 870, PAGE 882 OF 7HE PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA. CONTAINING 36.93 ACRES MORE OR LESS Sheet 1 of 2 LLGAL Ut5(;HI1'11UN & �iKt I (;H Drawn by:Checked byl File name Date Scale Drawing Name 'This is NOT a Boundary Survey DMT I DMT6190 8/17/19 NIA 6190-rw Inc.Masteller, Moler &Taylor, NOT VALID UT THE SIGNATURE ,AND PROFES- AL SURVEYORS AND MAPPERS THE ORIGI ED SEAL 0 LORIDA _ SIQ{1� LIC ED URVE AN MAP 4# LAND SURVEYING BUSINESS #4644 1655 27th Street, Suite 2 Vero Beach, Florida 32960 Phone: (772) 564-8050 Fax: (772) 794-0647 DAVID TAYLOR P.L.S. 5243 IM Exhibit "T " Legal Description - Riverfront Property Indian River County, Florida 30' R/w T6 RUSSELL. PROPERTY NE 1/4 OF SE 1/4 SE017ON 267325-39E EAST LINE Or SECAON NEST UNE OF SECIM 60' R/W TO BE L SE 1/4 OF SE 1/4 SECTION 26 -32S -39E RUSSELL. PROPERTY SW1 4 OF SW 1/4 SE07T N 25 -32S -39E RUSSEU PROPERTY CIBBFLIN OCEAN HEALTH RE VERO REACH SUBDIVISION ASSOCIATES CLEVELAND CLINIC us BEHAVIOR HEALTH r � CENTER PROPOSED 60' R/W c) -mnuu dnca rniiurw % _L1J. �_I �l Sheet 1 of 2 LEGAL R '7777M Drawn 6y: Checked by File name Date Scale Drawing Name "This is NOT a Boundar Surve DMT DMT 6190 8/17/19 1"=400' 6190=rw Masteller, Moler & Taylor, Inc. NOT VALID OUT THE SIGNATURE AND PROFESSIONAL S RVFYOF?S AND MARAERS THE ORIG�.1 AISED SEAL CLF FLORIDA UC ,j, UR A MA P 4AND SURVEYINM BUSINESS #464¢ C 1655 27th Street, Suite 2 Vero Beach, Florida 32960 Phone: (772) 56'4-8050 Fax: (772) 79.4-0647 DAVID TAYLOR .L . 5243 Exhibit "C' Sketch of Proposed 11th Drive Right -of Way Indian River County, Florida 30' R/W TO BE DEDICATED *RUSSELL PROPERTY' v RUSSELL PROPERTY NE 1/4 OF SE 1/4 SECTON 26 -32S -39E EAST LINE OF SWMW IIB -J qff %EST LINE OF SECTION_ 60' R/W TO BE DEDJCATEL 'RUSSELL PROPERTY SE i/4 OF SE "i/4 SEC77g 28 -32S -39E RUSSELL PROPERTY TO BE RIVgiFRONT PROPERTY NW 1/4 OF SW 1/4 SECTION 25 -32S -39E PROPERTY SWI//4 OF SW 1/4 SEC7181V 25 -32S -39E RUSSELL PROPERTY OCEAN HEALTH RE VERO BEACH G188FL1N ASSOCIATES SUBD1wS/0N CLEYFIANO CLINIC i. BEHAVJOR HEALTH CENTER PROPOSED RIVI-V rnuNN SKETCH OF PROPOSED R W Drawn by: Checked byl File name Date Scale Drawing Name DMT DMT 1 6190 8117/19 1"=400' 1, 6190-rw Masteller, Moler & Taylor, Inc. NOT VALJD OUT THE SIGNATURE AND THE ORIA RAISED AL OF. FLO PROFESSIONAL.: SURVEYORS AND MAPPERS uc SE SUR001VAND AP 94 1 AND SURVEYING BUSINESS X4644 � 1655 27th Street, Suite 2 Vero Beach, Florida 32960 Phone: (772) 564-8050 Fax: (772) 794-0647 DAVID T OR P.MM-5243' '5243 E RECORDED DOCUMENT CFN: 3120200007797 RECORDED IN O.R. BOOK 3275 PAGE 770 OF THE PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA Page 1 of 5 2/7/2020 10:34 AM This instrument prepared by: Michael O'Haire Attorney At Law O'Haire, Quinn, Casalino, Chartered 3111 Cardinal Drive Vero Beach, FL 32963 Please return to: William K. DeBraal, Esq. Assistant County Attorney County Administration Building 180127" Street Vero Beach, FL 32960 Property Parcel No. 32-39-25-00000-5000-00002.0 RIGHT OF WAY DEED THIS INDENTURE, made this 10th day of January, 2020, by and between RIVERFRONT GROVES, INC., a Florida corporation, having its principal address at: PO Box 1148, Vero Beach FL 32961-1148 (Grantor), and INDIAN RIVER COUNTY, FLORIDA, a political subdivision of the State of Florida, the address of which is 180127 th Street, Vero Beach, FL 32960, (Grantee): WITNESSETH: That the said Grantor, for and in consideration of the sum of One Dollar ($1.00) to it in hand paid by the Grantee, receipt whereof is hereby acknowledged, and for other good and valuable consideration, does hereby grant, bargain, and sell to the Grantee, and its successors in interest, for the purpose of public highway and purposes incidental thereto, the following described land, situate, lying and being in the County of Indian River, State of Florida, to -wit: See Exhibit "A" attached hereto and by this reference made a part hereof. It is the intention of the Grantor by this instrument to convey to the said County, and its successors in interest, the land above described for use as a public highway or road and for all purposes incidental thereto. It is expressly provided that if and when said highway or road shall be lawfully and permanently discontinued, the title to the said above described laufdRNA kVtElc JA%1jtrf iQP0&Ahe A4 10 LEGAL SUFFICIENCY ICY L0 4110 C,jIUTY ATT 0 R N E Y Grantor, its successors or assigns, and it or they shall have the right to immediately re -possess the same. And the said Grantor will defend the title to said land against the lawful claims of all persons whomsoever, claiming by, through or under it. IN WITNESS WHEREOF, the said Grantor, has executed this instrument the day and year first above written. Signed, sealed, attested and delivered in our presence: Print Nam , d �a Print Name tke—r iAk 0.0 STATE OF FLORIDA COUNTY OF INDIAN RIVER Riverfront Groves, Inc., a Flori orporation Dan S. Knight, Presiden ACKNOWLEDGMENT THE FOREGOING INSTRUMENT was acknowledged before me this ,V S` day of 2019, by Dan S. Knight, as President of Riverfront Groves, Inc., a Florida corporation, on behalf of the corporation, who is personally known to me or has produced 0 V -L d nyu's U ce.ws ,#- as identification. NOTARY SEAL •"' KATHERINE STAUCH COWWSWM # cc 209M ExOmh25,20 ,,od►+ ' 8ondae Tlru hq fain 6wamw 146-M1 6V4��J--' Print Name Notary Public My Commission Expires: 3v\y zs, zo12 Exhibit "A" Legal Description & Sketch for 11th Drive Right -of -Way - Riverfront Property Indian River County, Florida A PARCEL OF LAND LOCATED WITHIN THE NORTHWEST ONE—QUARTER OF THE SOUTHWEST ONE—QUARTER OF SECTION 25, TOWNSHIP 32 SOUTH, RANGE 39 EAST, INDIAN RIVER COUNTY, FLORIDA AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS. COMMENCING AT THE NORTHWEST CORNER OF THE SAID SOUTHWEST ONE—QUARTER OF SECTION 25, THENCE SOUTH 00'08'35" WEST ALONG THE WEST LINE OF SAID SECTION 25, THE SAME BEING THE EAST LINE OF SECTION 26, TOWNSHIP 32 SOUTH, RANGE 39 EAST, A DISTANCE OF 50.00 FEET TO AN INTERSECTION WITH THE SOUTH RIGHT OF WAY LINE OF 41ST STREET AND THE POINT OF BEGINNING; THENCE CONTINUE SOUTH 00'08'35" WEST ALONG THE SAID WEST LINE OF SECTION 25 A DISTANCE OF 1283.60 FEET TO AN INTERSECTION WITH THE SOUTH LINE OF THE SAID NORTHWEST ONE—QUARTER OF THE SOUTHWEST ONE—QUARTER OF SECTION 25, THENCE NORTH 89'58'30" EAST ALONG SAID SOUTH LINE A DISTANCE OF 30.00 FEET, THENCE NORTH 00'08'35" EAST AND PARALLEL WITH THE SAID WEST LINE OF SECTION 25 A DISTANCE OF 1283.50 FEET BACK TO AN INTERSECTION WITH THE SAID SOUTH RIGHT OF WAY LINE OF 41ST STREET, THENCE NORTH 89'50'06" WEST A DISTANCE OF 30.00 FEET TO THE POINT OF BEGINNING CONTAINING 38,506.5 SQUARE FEET OR 0.884 ACRES, MORE OR LESS. 16 R/W RIGHT-OF-WAY 1) THE BASIS BEARINGS IS EAST LINE OF SEC71ON 26 -32S -39E NO. NUMBER WHICH BEARS N00108'35"E R RADIUS 2) THIS SKETCH EXISTS SOLELY FOR THE PURPOSE OF ILLUSTRATING L LENGTH THE LEGAL DESCRIPTION TO WHICH IT IS ATTACHED. CH CHORD DISTANCE 3) ALL DIMENSIONS ARE CALCULATED UNLESS OTHERWISE NOTED. CB CHORD BEARING 4) THIS SKETCH MEETS THE STANDARD PRACTICES FOR SURVEYING P.B. PLAT BOOK AS SET FORTH BY THE FLORIDA BOARD OF PROFESSIONAL LAND SURVEYORS IN CHAPTER 5J-17, FLORIDA ADMINISTRATIVE CODE, PG. PAGE PURSUANT TO SECTION 472.027, FLORIDA STATUTES A DELTA N NORTH S SOUTH E EAST W WEST PT POINT OF TANGENCY PC POINT OF CURVATURE Sheet 1 of 3 PRC POINT OF REVERSE CURVE NTP NON—TANGENT POINT Not Valid Without All Sheet LEGAL DESCRIPTION & SKETCH, Drawn by:Checked by File name Date Scale Drawing Name "This is NOT a Boundar Survey'DMT DMT 6190 11/8/19 N/A 6190-rw Masteller, Moler & Taylor, Inc. NOT IVUITNOl1ED S -THE S SIGNATURE AND THE ORIGINAL':EU `SEAL OF A FLORIDA PROFESSIONAL SURVEYORS AND MAPPERS LICENS R YOR AND MAPPER. LAND SURVEYING BUSINESS #4644 1655 27th Street, Suite 2 Vero Beach, Florida 32960 Phone: (772) 564-8050 Fax: (772) 794-0647 D; TAYLOR P.LS. 5243 Exhibit "A" Legal Description & Sketch for 11th Drive Right -of- Way - Riverfront Property Indian River County, Florida SOO108'35"W 50.00' SE STREET NORTH SECTION 26 3 SE 39E 4 SOUTH R/W LINE OF 41ST STREET 30' R/W TO BE DEDICATED BY RUSSELL PROPERTY EAST LINE OF SECTION 26 -32S -39E MATCH LINE —SEE—SH—EE T 3 �--POINT OF COMMENCEMENT NW CORNER OF THE SW X OF SECTION 25 -32S -39E POINT OF NORTH UNE OF INE SW'T4 BEGINNING SECTION 25 -32S -39E N89'5O'O6"W o 30.00' 30' NW 1/4 OF SW 1/4 SECTION 25 -32S -39E RI VERFRONT PROPERTY WEST LINE OF SECTION 25 -32S -39E LEGAL DESCRIPTION & SKL 1 CH Drawn by:Checked by File name of "This is NOT a Boundary Survey I DMT I DMT 6190 Masteller, Moler & Ta)*r, Inc. NOT PROFESSIONAL SURVEYORS AND MAPPERS THE LI LAND SURVEYING BUSINESS #4644 1655 27th Street, Suite 2 Vero Beach, Florida 32960 Phone: (772) 564-8050 Fax: (772) 794-0647 Sheet 2 of 3 Not Valid Without All Sheets Date Scale Drawing Name 1/8/19 1"=120' 6190-rw LID VATHOUT THE SIGNATURE AND GJMIP RAISED SEAL OF A FLORIDA ESURVEY ND MA N N OF SE NE 1SECTION4 26 -32S -39E •� P g RUSSELL PROPERTY EAST LINE OF SECTION 26 -32S -39E MATCH LINE —SEE—SH—EE T 3 �--POINT OF COMMENCEMENT NW CORNER OF THE SW X OF SECTION 25 -32S -39E POINT OF NORTH UNE OF INE SW'T4 BEGINNING SECTION 25 -32S -39E N89'5O'O6"W o 30.00' 30' NW 1/4 OF SW 1/4 SECTION 25 -32S -39E RI VERFRONT PROPERTY WEST LINE OF SECTION 25 -32S -39E LEGAL DESCRIPTION & SKL 1 CH Drawn by:Checked by File name of "This is NOT a Boundary Survey I DMT I DMT 6190 Masteller, Moler & Ta)*r, Inc. NOT PROFESSIONAL SURVEYORS AND MAPPERS THE LI LAND SURVEYING BUSINESS #4644 1655 27th Street, Suite 2 Vero Beach, Florida 32960 Phone: (772) 564-8050 Fax: (772) 794-0647 Sheet 2 of 3 Not Valid Without All Sheets Date Scale Drawing Name 1/8/19 1"=120' 6190-rw LID VATHOUT THE SIGNATURE AND GJMIP RAISED SEAL OF A FLORIDA ESURVEY ND MA Exhibit "A " Legal Description & Sketch for 11th Drive Right -of -Way - Riverfront Property Indian River County, Florida EAST LINE OF SECTION MA Cff LINE SEE SHF T2�.. _ _ WEST LINE OF 4 SECTION 25 -32S -39E RUSSELL PROPERTY 3 RI VERFRONT PROPERTY NE 1/4 OF SE 1/4 g SECTION 26 -32S -39E Z 30' R/W TO BE DEDICATED BY RUSSELL PROPERTY SOUTH LINE OF THE NE 1/4 OF THE SE 1/4 SECTION 26 -32S -39E NW 114 OF SIN 114 SECTION 25 -32S -39E 30.00' SOUTH LINE OF THE NW 1/4 OF THE SW 1/4 SEC71ON 25 -32S -39E RUSSELL RUSSELLPROPERTY PROPERTY 30. oo' Sheet 3 of 3 Not Valid Without All Sheets LLUAL ULS(XIV UUIV cit 5KL I (;H Drawn by: Checked by File name Date . "This is NOT a Boundary Survey" DMT I DMT 1 6190 1 11/8/19 Masteller, Moler & Taylor, Inc. PROFESSIONAL SURVEYORS AND MAPPERS LAND SURVEYING BUSINESS #4644 1655 27th Street, Suite 2 Vero Beach, Florida 32960 Phone: (772) 564-8050 Fax: (772) 794-0647 e .'A NOT VALID . ' 1 THE ORM RA E LICE DSU VE Scale Drawing Name 1"_120' ` 6190-rw THE SIGNATURE ; AND D SEAL OF -A fU*IDA 3120190068620 RECORDED IN THE RECORDS OF JEFFREY R. SMITH, CLERK OF CIRCUIT COURT INDIAN RIVER CO FL BK: 3256 PG: 1825,11/22/2019 2:50 PM D DOCTAX PD $0.70 This instrument prepared by: Bruce Barkett, Esq. Collins Brown Baskett, Chtd. 756 Besehland Blvd. Vero Beach, FL 32963 Please return to: William K. DeBraal, Esq. Assistant County Attorney County Administration Building 190127" Street Vero Beach, FL 32960 Property Parcel No. 32-39-26-00000-7000-00001.7 RIGHT OF WAY DEED THIS INDENTURE, made this ..Ie— day of 2019, by and between THE VIRGINIA W. RUSSELL FAMILY LIMITED PARTNERSHIP, a Florida limited partnership, having its principal address at: 1392 NE Rocky Springs Church Road, Madison, FL 32340-4031 (Grantor), and INDIAN RIVER COUNTY, FLORIDA, a political subdivision of the State of Florida, the address of which is 1801 27`x' Street, Vero Beach, FL 32960, (Grantee): WITNESSETH: That the said Grantor, for and in consideration of the sum of One Dollar ($1.00) to it in hand paid by the Grantee, receipt whereof is hereby acknowledged, and for other good and valuable consideration, does hereby grant, bargain, and sell to the Grantee, and its successors in interest, for the purpose of public highway and purposes incidental thereto, the following described land, situate, lying and being in the County of Indian River, State of Florida, to -wit: See Exhibit "A" attached hereto and by this reference made a part hereof. It is the intention of the Grantor by this instrument to convey to the said County, and its successors in interest, the land above described for use as a public highway or road and for all purposes incidental thereto. APPROVED AS T O FORM AN'D Lt -.GAL SUFFICIENOY gv��.. ....�� DYLAN 1=iEiNtI:OLC1 COUNTY ATTORNEY BK: 3256 PG: 1826 It is expressly provided that if and when said highway or road shall be lawfully and permanently discontinued, the title to the said above described land shall immediately revert to the Grantor, its successors or assigns, and it or they shall have the right to immediately re- possess the same. And the said Grantor will defend the title to said land against the lawful claims of all persons whomsoever, claiming by, through or under it. IN WITNESS WHEREOF, the said Grantor, has executed this instrument the day and year first above written. Signed, sealed, attested and delivered in our presence: STATE OF FLORIDA COUNTY OF The Virginia W. Russell Family Partnership, a Florida limited Parte hip B f Hugh L sell, General Partner ACKNOWLEDGMENT NOV FOREGOING INSTRUMENT was acknowledged before me this � day of 1ya ��• 2019, by Hugh L Russell, as General Partner of The Virginia W. Russell Family Partnership, a Florida limiW partnership, on behalf of the company, who is personally known to me or has produced riyi;r3 [ .► Ck4jc_ as identification. NOTARY SEAL PriniName . l hVbJX&e is V,�. Notary Public My Commission Expires: =Puhl'Crare of Fbrideern -0 185755 P022 BK: 3256 PG: 1827 Exhibit Legal Description & Sketch for I1 th Drive Right -of -Way - Russell Property Indian River County, Florida LEGAL QE=MP ON A PARCEL OF LAND LOCATED WITHIN SEC71ON 25, TOWNSHIP 32 SOUTH, RANGE 39 EAST AND SECTION 26, TOWNSHIP 32 SOUTH, RANGE 39 EAST, INDIAN RIVER COUNTY, FLORIDA AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS. COMMENCING AT THE NORTHEAST CORNER OF THE SOUTHEAST ONE—QUARTER OF SAID SECTION 26; THENCE SOUTH 00108'35" WEST ALONG THE EAST UNE OF SAID SEC71ON 26, THE SAME BEING THE WEST LINE OF SAID SEC71ON 25 A DISTANCE OF 50.00 FEET TO AN INTERSECTION WMTH THE SOUTH RIGHT OF WAY LINE OF 41ST STREET AND THE POINT OF BEGINNING; THENCE CONTINUE SOUTH OOIDB'35" WEST ALONG THE SAID EAST UNE OF SECTION 26 A DISTANCE OF 1283.60 FEET TO AN INTERSECTION WITH THE SOUTH LINE OF THE NORTHWEST ONE—QUARTER OF THE SOUTHWEST ONE—QUARTER OF SAID SEC17ON 25; THENCE NORTH 8905830" EAST ALONG SAID SOUTH LINE A DISTANCE OF 30.00 FEET, ' THENCE SOUTH 00 08'35" WEST AND PARALLEL WITH THE SAID EAST LINE OF SAID SECTION 26 A DISTANCE OF 618.44 FEET TO THE NORTHEAST CORNER OF CGN SUBDIVISION, ACCORDING 710 THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 13, PAGE 38 OF THE PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA, THENCE SOUTH 89'46'29" WEST ALONG TIME NORTH LINE OF SAO CGN SUBDIVISION A DISTANCE OF 30.00 FEET TO AN INTERSECTION WITH THE SAID EAST UNE OF SECTION 26, THENCE CONTINUE ALONG SAID NORTH LINE OF CGN SUBDIVISION SOUTH 8925'35" WEST A DISTANCE OF 30.00 FEET TO A POINT, SAID POINT BEING 30 FEET WEST OF, AS MEASURED PERPENDICULAR TO, THE SAID EAST LINE OF SEC71ON 26; THENCE NORTH 0008'35" EAST AND PARALLEL IMTH THE SAID EAST LINE OF SECTION 26 A DISTANCE OF 1902.27 FEET BACK TO AN INTERSECTION WITH THE SAID SOUTH RIGHT OF WAY UNE OF 41ST STREET; THENCE SOUTH 89'49'05" EAST A DISTANCE OF 30.00 FEET tO THE POINT OF BEGINNING CONTAINING 75,619.5 SQUARE FEET OR 1.736 ACRES, MORE OR LESS R/W RIGHT—OF—WAY !SURVEYORS N07ES O. NUMBER 11 THE BASIS BEARINGS !S EAST UNE OF SECTION 26 -32S -39E R RADIUS W WCH BEARS NOO'O8'33`E. L LENGTH 2) THIS SKETCH EXISTS SOLELY FOR THE PURPOSE OF UUSIRAWG CH CHORD DISTANCE THE LEGAL DESCRIPTION TO *KH IT IS ATTACHED. CS CHORD BEARING 3) ALL DNENSIONS ARE CALCULATED UNLESS OTHERMSE NOTED. P.B. PLAT BOOK 4) THIS SKETCH MEETS THE STANDARD PRACTICES FOR SURVEI1NG PG. PAGE AS SET FORTH BY THE FLORIDA BOARD OF PROFESSIONAL LAND A DELTA SURVEYORS N CHAPTER 5J-17, FLORIDA ADIWNISIRA71W CODE~ N NORTH PURSUANT TO SECTION 472.027, FLORIDA STATUTES S SOU E EAST W WEST PT POINT OF TANGENCY PC POINT OF CURVATURE Sheet 3 10 PRC POINT OF REVERSE CURVE f NTP NON—TANGENT POINT Not Valid Without All Sheets Drawn by: Checked by File name Date Revision Stale Drawing Nam "This 1s NOT a Boundor Survey'DMT DMT 6190 t1/8/ 9 1V.'l� f '1"=150' 6190-rw aste er, Moter & Taylor, Inc. THE oRIOiNAL 'SEN.-.OF=A: FLORIDA PROFESSIONAL SURVEYORS AND MAPPERS Ute' R Ai30 taARPER. :-, . LAND SURVEYING BUSINESS #4644 , 1655 27th Street, Suite 2 Vero Beach, Florida 32960 Phone: (772) 564-8050 Fax: (772) 794-0647 BY. 3256 PG: 1828 Legal Description & Sketch for II th Drive Right-of�-Way - Russell property Indian River County, Florida SOOW,35"W 50 00 41st STREET SEC71ON SOUTH R/W WX OF 41ST S691491050E now !� 1/4 OIF SE 1/4 SE1Cll�f .26-3 34W —PONT OF CO NT W CORMN OF 32 SE 30' R/W TO 6E DEMIM SUN OF SW 1/4 SECTIO��V 21h323 -38E Sheet 2 of 3 Not Valld WlthoutAll Sheets edby File name I Date I Revision I Scale lDrawing Name DMT I DMT 6190 11/8/19 11/15/19 1"050' 6190-rw MaStel%r, Moler & Taylor. Inc. NOT VAUD MPHPUT WSICNATURE AND PROFESSIONAL SURVEYORS AND MAPPERS TM LIC iSED -oM A, FLORIDA LAND SURVEYING BUSINESS jf4644 1655 27th Street. Suite 2 Vero Bead, Florida 32960 Phone: (772) 564-8050 Fa): (772) 794-0647 WD `WYLOR K-1- 5244 BIC: 3296 PG: 1829 Exhibit "A" Legal Description & Sketch for 11th Drive Right -of -lay - Russell Property Indian River County, Floridan .�.^.~----------M/ T-- MATCHLINESEESHEET2 NEOF SE 1/4 SECT>6N1//4 28 -32S -39E NW 1 44E 3 EAST UNE OF SECTION 28 -US -39E N89%8'300E 30.00' SOUTH UNE of THE NE 1/4 OF SOUTH IM OF THE NW 1/4 OF THE SE 1/4 SECTION 28-325-3DE THE SW 1/4 SECTION 23 -32S -W RUSSELL ?1 '/V, RUSSELL PROPERTY PROPERTY aid is // 3 OF SW 1/4 SECTIdM4Y8--32S_ 39E SIECT16NSW 42S -32S: ME E OF 2a -325-39E S89%5'35"W 3D.00'-.r//A �� S.. OF Lor 2 S89'+f9'29"W 3Q00' MD UNPLATTED LOT I a 1 PG 8 QR.t� PR 213 O.R.B. 314$ PQ 445 CON SUBDIVISION JL P.B. 13i, PG. 38 _ _ COUNTY Xhpo_t 3 of -3 LEGAL DESCRIPTION & SKETCH Drawn by: Checked byl File name Date Revision 6ceW. Drawing Nam "This Is NOT a Boundar Surve DMT DMT 6190 11/8/19 11/1$/19 •.6190-rw M'asteller� Moler & Taylor, Inc. NOT VAUD XJT THE SLONATURB AND 7HE 0114PROFESSIONAL SURVEYORS AND MAPPERSa R SIU' A FLd&IDA LAND SURVEYING BUSINESS #4644 1655 27th Street, Suits 2 Vero Beach, Florida 32960 r Phone: (772) 564-8050 Fa): (772) 794-0647 DAVID. TAYLOR- H-1,05243