HomeMy WebLinkAbout2020-172AAGREEMENT TO PURCHASE AND SELL REAL ESTATE
BETWEEN INDIAN RIVER COUNTY
AND
GENE PERRY & KENNETH L. JOHNSON
THIS AGREEMENT TO PURCHASE AND SELL REAL ESTATE ("Agreement") is
made and entered into as of the tiday of' L. , 2020, by and between Indian
River County, a political subdivision of the State dFlorida ("the County"), and Gene Perry
and Kenneth L. Johnson, ("the Seller) who agree as follows:
WHEREAS, Seller owns property located at 2390 45th Street, Vero Beach, Florida
32967. A legal description of the property is attached to this agreement as Exhibit "A" and
incorporated by reference herein; and
WHEREAS, the County has plans to improve the US Highway 1 and 45th Street
intersection to include a dedicated left turn lane; and
WHEREAS in order for the County to proceed with road expansion plans, the
County needs to purchase property to be used as right-of-way from landowners along the
south side of 45tt' Street; and
WHEREAS, the County contacted the Seller and offered to purchase right-of-way of
301 square feet of property as depicted on Exhibit "B"; and
WHEREAS, the Seller has agreed to sell for the stated purchase price on the
understanding that the project will be constructed, and the parcel taken will be used, in
substantial accordance with Contract Plans, 45th Street and US Highway 1 Roadway and
Signalization Improvements, IRC Project No.: 1355, 90% Plans Submittal, December,
2015, bearing date and time at the bottom of the cover page (copy attached as Exhibit "C")
of 12/18/2015, 7:48:13 AM, which plans are incorporated herein by reference and made a
part of this agreement; and
WHEREAS, the Parties agree this is an arm's length transaction between the Seller
and the County, without the threat of eminent domain.
NOW, THEREFORE, in exchange of mutually good and valuable consideration the
COUNTY and SELLER hereby affirm each of the representations contained hereinabove
and hereby agrees to be bound by the terms contained herein below.
1. Recitals. The above recitals are affirmed as being true, correct, and material to
induce the parties to enter into this Agreement and are incorporated herein.
2. Agreement to Purchase and Sell. The Seller hereby agrees to sell to the County,
and the County hereby agrees to purchase from Seller, upon the terms and conditions set
forth in this Agreement that certain parcel of real property located at 2390 45th Street, Vero
Beach, Florida and more specifically described in the legal description attached as Exhibit
"B", fee simple, containing approximately 301 square feet, all improvements thereon,
together with all easements, rights and uses now or hereafter belonging thereto
(collectively, the "Property").
2.1 Purchase Price, Effective Date. The purchase price ("Purchase Price") for the
Property shall be $5,500.00 (Five Thousand Five Hundred 00/100 Dollars) plus $6,605.00
appraisal fee, $75.00 title search fee, and $1,950.00 engineer fees. The Purchase Price
shall be paid on the Closing Date. The Effective Date of this Agreement shall be the date
upon which the County shall have approved the execution of this Agreement, either by
approval by the Indian River County Board of County Commissioners at a formal meeting
of such Board or by the County Administrator pursuant to his delegated authority.
2.2 Costs and Fees. The County shall pay the Seller's attorney fees in the agreed
amount of $3,750.00 to Holloman Law, and in an amount to be determined by an agreed
third party to Neill Griffin Marquis, PLLC, pursuant to and in accordance with a separate
agreement between counsel.
3. Title. Seller shall convey marketable title to the Property by warranty deed free of
claims, liens, easements and encumbrances of record or known to Seller; but subject to
property taxes for the year of Closing and covenants, restrictions and public utility
easements of record provided (a) there exists at Closing no violation of any of the
foregoing; and (b) none of the foregoing prevents County's intended use and development
of the Property ("Permitted Exceptions"). Seller's title search indicates that a predecessor
in title, Ruby Stubbs, may not have released her interest in the property; however, Seller's
understanding is that any defect is cured by the Marketable Record Title Act and will
convey subject to, and not be responsible, for removing any record interest of Ruby
Stubbs, which matter shall be considered a permitted exception.
3.1 County may order an Ownership and Encumbrance Report or Title Insurance
Commitment with respect to the Property. County shall within fifteen (15) days following
the Effective Date of this Agreement deliver written notice to Seller of title defects. Title
shall be deemed acceptable to County if (a) County fails to deliver notice of defects within
the time specified, or (b) County delivers notice and Seller cures the defects within thirty
(30) days from receipt of notice from County of title defects ("Curative Period"). Seller shall
use best efforts to cure the defects within the Curative Period and if the title defects are not
cured within the Curative Period, County shall have thirty (30) days from the end of the
Curative Period to elect, by written notice to Seller, to: (i) to terminate this Agreement,
whereupon shall be of no further force and effect, or (ii) extend the Curative Period for up
to an additional 90 days; or (iii) accept title subject to existing defects and proceed to
closing.
4. Representations of the Seller.
4.1 Seller is indefeasibly seized of marketable, fee simple title to the Property, and is the
sole owner of and has good right, title, and authority to convey and transfer the Property
which is the subject matter of this Agreement, free and clear of all liens and
encumbrances.
4.2 From and after the Effective Date of this Agreement, Seller shall take no action
which would impair or otherwise affect title to any portion of the Property, and shall record
no documents in the Public Records which would affect title to the Property, without the
prior written consent of the County.
4.3.1 There are no existing or pending special assessments affecting the Property, which
are or may be assessed by any governmental authority, water or sewer authority, school
district, drainage district or any other special taxing district, other than a County Landfill fee
and the Gifford Street Light District.
5. Default.
5.1 In the event the County shall fail to perform any of its obligations hereunder, the
Seller shall, at its sole option, be entitled to: (i) terminate this Agreement by written notice
delivered to the County at or prior to the Closing Date and thereupon neither the Seller nor
any other person or party shall have any claim for specific performance, damages, or
otherwise against the County; or (ii) waive the County's default and proceed to Closing.
5.2 In the event the Seller shall fail to perform any of its obligations hereunder, the
County shall, at its sole option, be entitled to: (i) terminate this Agreement by written notice
delivered to the Seller at or prior to the Closing Date and thereupon neither the County nor
any other person or party shall have any claim for specific performance, damages or
otherwise against the Seller; or (ii) obtain specific performance of the terms and conditions
hereof; or (iii) waive the Seller's default and proceed to Closing, without any right to claim
or recover damages of any kind or nature whatsoever
6. Closing.
6.1 The closing of the transaction contemplated herein ("Closing" and "Closing Date")
shall take place within 45 days following the execution of the contract by the Chairman of
the Board of County Commissioners. The parties agree that the Closing shall be as
follows:
(a) The Seller shall execute and deliver to the County a warranty deed conveying
marketable title to the Property, free and clear of all liens and encumbrances and in the
condition required by paragraph 3.
(b) If Seller is obligated to discharge any encumbrances at or prior to Closing and fails
to do so, County may use a portion of Purchase Price funds to satisfy the encumbrances.
(c) If the Seller is a non-resident alien or foreign entity, Seller shall deliver to the County
an affidavit, in a form acceptable to the County, certifying that the Seller and any interest
,holders are not subject to tax under the Foreign invests i ent and Peal Property Tax A -k �f
1980.
(d) The Seller and the County shall each deliver to the other such other documents or
instruments as may reasonably be required to close this transaction.
6.2 Taxes. All taxes and special assessments which are a lien upon the property on or
prior to the Closing Date (except current taxes which are not yet due and payable)
shall be paid by the Seller. The County shall cause the Property Appraiser to
prorate any taxes, assessments, and non -ad valorem assessments as of the closing
date so that the amount due for Seller to pay taxes and assessments when due is
reduced and prorated accordingly.
6.3 Disbursement. At Closing the Closing Agent is directed to disburse following
amounts:
6.3.1 The total sum of $8,630.00 to Neill Griffin Marquis, PLLC, for the purpose of paying
those appraisal fees, title search fee, and engineers fees incurred; and, if attorney's
fees for Neill Griffin Marquis, PLLC, have been determined as referenced at Section
2.2 above, the same shall also be paid/disbursed at closing. If those fees have not
been determined, closing shall proceed and the parties will timely complete the
determination referenced at Section 2.2, with payment to follow as soon thereafter
as practical. The obligation to determine and pay these attorney's fees, as set forth
in this Agreement, shall survive the closing.
6.3.2 The total amount of $3,750.00 to Holloman Law for the purpose of paying those
attorney's fees incurred.
6.3.3 The remaining amount shall be split evenly between Gene Perry and Kenneth L.
Johnson and paid by separate checks, $2,750.00 each, delivered in care of their
respective counsels.
6.4 The County shall submit this Agreement and transaction for formal approval by the
Indian River County Board of Commissioners at a public meeting within 30 days of
the last of the Seller's to sign this Agreement. Further, if this Agreement is not so
submitted for approval or if the Board of County Commissioners fails to accept this
offer at that time, then, unless all parties have previously agreed to extend the time
for consideration, the same shall be deemed rejected and of no further force or
effect.
7. Personal Propertv.
7.1 The Seller shall have removed all of its personal property, equipment and trash from
the Property. The Seller shall deliver possession of the Property to County vacant and in
the same or better condition that existed at the Effective Date hereof.
7.2 Seller shall deliver at Closing all keys to locks and codes to access devices to
County, if applicable.
8. Closing Costs; Expenses. County shall be responsible for preparation of all Closing
documents.
8.1 County shall pay the following expenses at Closing:
8.1.1 The cost of recording the warranty deed and any release or satisfaction obtained by
Seller pursuant to this Agreement.
8.1.2 Documentary Stamps required to be affixed to the warranty deed.
8.1.3 All costs and premiums for the owner's marketability title insurance commitment and
policy, if any.
8.1.3 All other costs associated with closing, unless otherwise expressly stated to the
contrary herein.
8.2 Seller shall pay the following expenses at or prior to Closing:
R 2 1 All costs necessary to cure title defect(s) or encumbrances, other than the
Permitted Exceptions, and to satisfy or release of record all existing mortgages, liens or
encumbrances upon the Property.
9. Miscellaneous.
9.1 Controlling Law. This Agreement shall be construed and enforced in accordance
with the laws of the State of Florida. Venue shall be in Indian River County for all state
court matters, and in the Southern District of Florida for all federal court matters.
9.2 Entire Agreement. This Agreement constitutes the entire agreement between the
parties with respect to this transaction and supersedes all prior agreements, written or
oral, between the Seller and the County relating to the subject matter hereof. Any
modification or amendment to this Agreement shall be effective only if in writing and
executed by each of the parties.
9.3 Assignment and Binding Effect. Neither County nor Seller may assign its rights and
obligations under this Agreement without the prior written consent of the other party. The
terms hereof shall be binding upon and shall inure to the benefit of the parties hereto and
their successors and assigns.
9.4 Notices. Any notice shall be deemed duly served if personally served or if mailed by
certified mail, return receipt requested, or if sent via "overnight" courier service or facsimile
transmission, as follows:
If to Seller: Gene Perry
239045 th Street
Vero Beach, FL 32967
With Copy to: Richard V. Neill, Jr.
Neill Griffin Marquis, PLLC
311 S.2 nd Street, Suite 200
Fort Pierce, FL 34950
Kenneth L. Johnson Charles M. Holloman, II
2629 Monte Carlo Trail 502 North Armenia Avenue
Orlando, FL 32805 Tampa, FL 33609
If to County: Iridian River Courty
1801 27th Street
Vero Beach, FL 32960
Attn: Land Acquisition/Monique Filipiak
Either party may change the information above by giving written notice of such change as
provided in this paragraph.
9.5 Survival and Benefit. Except as of
agreement, representation or warranty made
party, or in any instruments delivered pursu
survive the Closing Date and the consumme
ierwise expressly provided herein, each
in this Agreement by or on behalf of either
nt hereto or in connection herewith, shall
.ion of the transaction provided for herein.
The covenants, agreements and undertakings of each of the parties hereto are made
solely for the benefit of, and may be relied on only by the other party hereto, its successors
and assigns, and are not made for the benefit of, nor may they be relied upon, by any other
person whatsoever.
9.6 Attorney's Fees and Costs. In any claim or controversy arising out of or relating to
this Agreement, each party shall bear its own attorney's fees, costs, and expenses. This
limitation shall not apply to any claim or controversy arising out of or relating to failure of
the County to comply with the terms of Section 9.10, below. Nor shall it apply to any
further taking or acquisition of any property interest.
9.7 Counterparts. This Agreement may be executed in two or more counterparts, each
one of which shall constitute an original.
9.8 County Approval Required: This Agreement is subject to approval by the Indian
River County Board of County Commissioners as set forth in paragraph 2.
9.9 Beneficial Interest Disclosure: In the event Seller is a partnership, limited partnership,
corporation, trust, or any form of representative capacity whatsoever for others, Seller shall
provide a fully completed; executed, and sworn beneficial interest disclosure statement in
the form attached to this Agreement as an exhibit that complies with all of the provisions of
Florida Statutes Section 286.23 prior to approval of this Agreement by the County.
However, pursuant to Florida Statutes Section 286.23 (3) (a), the beneficial interest in any
entity registered with the Federal Securities and Exchange Commission, or registered
pursuant to Chapter 517, Florida Statutes, whose interest is for sale to the general public,
is exempt from disclosure; and where the Seller is a non-public entity, that Seller is not
required to disclose persons or entities holding less than five (5%) percent of the beneficial
interest in Seller.
9.10 Understanding: The Seller has agreed to sell for the stated purchase price on
the understanding that the project will be constructed, and the parcel taken will be used, in
substantial accordance with Contract Plans, 45th Street and US Highway 1 Roadway and
Signalization Improvements, IRC Project No.: 1355, 90% Plans Submittal, December,
2015, bearing date and time at the bottom of the cover page (copy attached as Exhibit "C")
of 15/18/2015, 7:48:13 AM, which plans are incorporated herein by reference and made a
part of this agreement. This provision of the Agreement shall survive the closing date and
consummation of the transaction.
(SIGNATURE PAGE FOLLOWS)
IN WITNESS WHEREOF, the undersigned have executed this Agreement as of the
date first set forth above.
INDIAN RIVER COUN IDA ✓��`�'�
BOARD OF�COUNT CO I IONdf��
efO%• � Irl �♦
us Adams, Chairman r1y Date
..�
by BCC June 2, 2020
nnethL. Johi son Date
ATTEST:
Jeffrey R. Smith, Clerk of Court and
Comptler
By: oak&l
Deputy Clerk
Approv Approveda s to F =iency:
Jason El Bro n, County ministrator 96iam K. De aal, Deputy County Attorney
EXHIBIT "A"
LOT IN SW 1/4 OF SE 1/4 OF SW 1/4 209.00 - FT SQUARE AS IN D BK 23 PP 566
Parcel ID: #32-39-23-00000-5000-00014.0
Commonly known as: 2390 45th St, Vero Beach, FL 32967
LEGAL DESCRIPTION: RIGHT OF WAYACQUISITION
Legal Description
Being a Parcel of land lying in Section 23,Township 32 South, Range 39
East, said parcel also being a portion of a Tract of land as recorded in Oficial
Record Book 754, Page 2321 of the Public Records of Indian River County,
Florida, said parcel being more particularly described as follows:
Commence at the Intersection of the Centerline of Right -of -Way of Old Dixie
Highway as shown on the Old Dixie Highway Right -of -Way Map, per Plat
Book 24, Page 81, of the public records of Indian River County, Florida, with
the South line of Section 23, Township 32 South, Range 39 East; Thence
South 89"46'13" East, along the said South line of Section 23, a distance of
52.31 feet; Thence departing said South line, North 00°13'47" East, a
distance of 25.00 feet to a point on the North Right -of -Way line of 45th Street
(being a 50 foot wide Right -of -Way) as recorded in Official Record Book 120,
Page 573, Public Records of Indian River County, Florida, said point being
the Point of Beginning;
Thence North 89°46'13" West, along said North Right -of -Way line (said
Right -of -Way being 25.00 feet North of and parallel with as measured at right
angles to the South line of said Section 23) a distance of 25.00 feet to the
East Right -of -Way line of Old Dixie Highway (being a 66 foot wide
Right -of -Way) as shown In Plat Book 24, Page 81 of said Public Records;
Thence North 15°15'55" West, along said East Right -of -Way line a distance
of 8.45 feet to the Beginning of a tangent curve concave to the Southwest
having a radius of 5762.58 feet; Thence Northwesterly along the arc of said
curve and said East Right -of -Way line through a central angle of 00"09'52", a
distance of 16.55 feet; Thence departing said East Right -of -Way line, South
52°32'42" East, a distance of 39.81 feet to the said North Right -of -Way line
of said 45th Street and the Point of Beginning.
Containing: 301 square feet, more or less
Legend and Abbreviations
COR = CORNER R/W = RIGHT OF WAY
Co. = COMPANY SEC = SECTION -TOWNSHIP -RANGE
ESMT = EASEMENT
I.R.F.W,C.D. = INDIAN RIVER FARMS
WATER CONTROL DISTRICT
O.R.B. = OFFICIAL RECORDS BOOK
MAG = MAGNETIC
PROP = PROPERTY
P.S.M. = PROFESSIONAL SURVEYOR
AND MAPPER
R = RADIUS
RGE=RANGE
D = CENTRAL ANGLE
P.B.S. = ST. LUCIE COUNTY PLAT BOOK
P.I.D. = PARCEL IDENTIFICATION
P.O.B. = POINT OF BEGINNING
P.O.C. = POINT OF COMMENCEMENT
PT. = POINT OF TANGENT
TWP= TOWNSHIP
Surveyor's Notes
1) This sketch and Legal Description was prepared with the benefit of a Topographic Survey
(Project No. 1355) prepared by Indian River County Personnel on the date of 2/23115.
2) This legal description shall not be valid unless:
(A) Provided in its entirety consisting of 2 sheets, with sheet 2 showing the
sketch of the legal description.
(B) Reproductions of the description and sketch are signed and sealed with
an embossed surveyor's seal
3) Bearings shown hereon are based on the Florida State Plane Coordinate
System, as referenced to the North American Datum (NAD) 1983 adjustment
of 2011, Florida East Zone. and are further referenced to the South line of
Section 23 Township 32 South, Range 39 East, said line bears South 89°46'13" East,
Certification
(Not valid without the: signature and original
raised seal of a Florida licensed Surveyor and Mapper)
I hereby certify that the Sketch and legal Description of the property shown and
described hereon was completed under my direction and said Sketch and Legal is
true and correct to the best of my knowledge and belief.
I further certify that this Sketch and Description meets the -min inlium `rschnieal
standards for surveys set forth by the Florida Professional"Board of Surveyors and
Mappers in chapter 5J-17.052 Florida Administrative code; pursuant to section
472,027 Florida State Statutes.
i k`l
Date of Signature DbVId M ion
Professional, Surveyor and Mapper
Florida Certificate No. 6139
THIS DRAWING DOES NOT REPRESENT A BOUNDARY SURVEY
PREPARED FOR INDIAN RIVER COUNTY ENGINEERING DEPARTMENT
NDtAN RIVER COUNTY ADMINISTRATION BUILDING P'INDIAN R/W£R COUNTY DRAWN BY:
SECTION 2.3 SKETCH Of DESCRIPTION SHEET
1801 27th STREET R.INGL£TT 1 �I
VERO BEACH, FL 32e6D Dena mens of Public Works APPROVED BY: TOWNSHIP3 FOR J
(772) 567-8000 k�,v f-wh7eeri/ra Division /7_ _sllnw RANGF -39 PERRY PARCEL "w 1
LEGAL DESCRIPTION: RIGHT OF WAY ACQUISITION
3 2- 39 - 23-00000- 5000- 00014.0
PERRY, GENE (1/2) &
O.R.B. 754, PG 2321
RIVER COUNTY ADMINISTRATION
1801 27th STREET
VERO BEACH, FL 32960
(772) 567-8000
S89'46'1;
\,,.52,31'
POINT OF
BEGINNING
NORTH RIGHT-OF-WAY LINE
CIO t,
0'13' 41 04 so
25.00' a
tpn
32-39-23-00000-5000-00015, 0
AOP OF DELAWARE INC,
O.R.B. 2467, PG 15
RIGHT—OF—WAY UNE
45TH STREET
(NORTH GIFFORD ROAD)
SOUTH UNE SECTION 23, T. 32 S., RGE, 39 E.
NORTH LINE SECTION 26, T. 32 S., RGE, 39 E.
589.46-13-E (BEARING BASE)
IN/trr-)tc.11VN Ur CENTERLINE OF
RIGHT—OF—WAY OLD DIXIE HIGHWAY AND
NORTH LINE SEC77ON 26, T32S, RGE39E
Y UNE
INDIAN RIVER COUNTY
RIGHT-OF-WAY LINE
32-39-25-00000-3000-00003.0
QUALITY FRUIT PACKERS IR INC
O.R.B. 963, PG 2384
NOT PLAT -TED (IMPROVED)
DRAWN BY:
Legend and Abbreviations
COR = CORNER
Co. = COMPANY
ESMT = EASEMENT
L,L.C. =LIMITED LIABILITY COMPANY
L =ARC LENGTH
O.R.B. = OFFICIAL RECORDS BOOK
MAG = MAGNETIC
P.B. = PLAT BOOK
P.C. = POINT OF CURVATURE
P.I.D. = PARCEL IDENTIFICATION
P.O.B. = POINT OF BEGINNING
P.O.C. = POINT OF COMMENCEMENT
P.T. = POINT OF TANGENT
PROP = PROPERTY
P.S.M. = PROFESSIONAL SURVEYOR
AND MAPPER
R = RADIUS
RGE =RANGE
RNV = RIGHT OF WAY
SEC = SECTION -TOWNSHIP -RANGE
D = CENTRAL ANGLE
TWP= TOWNSHIP
GRAPHIC SCALE
40 0 40 80
( IN FEET )
Intended display scale:
1 inch = 40 feet
THIS DRAWING DOES NOT REPRESENT A BOUNDARY SURVEY
PREPARED FOR INDIAN RIVER COUNTY ENGINEERING DEPARTMENT
OF DESCRIPTIONSHEET
FOR 2
Inv eldant-j
INDEX OF ROADWAY PLANS
SHEET NO. SHEET DESCRIPTION
I
KEY SHEET
2
GENERAL NOTES
3SUMMAR'
OF PAY ITEMS
4-6
TYPICAL SECTIONS
7
PLAN SHEET LAYOUT
6-10
45TH STREET PLAN SHEETS
I I-14
OLD DIXIE HIGHWAY PLAN 5
15
MISCELL48EOUS DETAILS
16-28
45TH STREET CROSS SECTIi
29-47
OLD DIXIE HIGHWAY CROSS
48
SIGNING AND MARKING GENE
49-50
45TH STREET SIGNING AND
51-52
OLD DIXIE HIGHWAY SIGNING
53-54
EROSION CONTROL GENERAL
55-55
45TH STREET EROSION CONI
57-58
040 DIX.T HIGHWAY EAOSIO
T-01
SIGNALIZATION GENERAL NO.
T-02
INDIAN RIVEA COUNTY TRAF,
T-03
OMITTED
T-04 - T-05
SIGNAL HODIFICATION PUN
T-06
MAST ARM TABULATION
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CONTRA C T PLANS
45TH[ STREET AND CJS HHGHWAY 1
ROADWAY AND S I[GNALI IAT ION HMPROVEMENTS
DEPARTMENT OF PUBLIC WORKS
CHRISTOPHER R. MORA P.E., DIRECTOR
RICHARD B. SZPYRKA P.E., ASSISTANT DIRECTOR
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AGREEMENT TO PURCHASE AND SELL REAL ESTATE
BETWEEN INDIAN RIVER COUNTY
AND
GENE PERRY & KENNETH JOHNSON
THIS AGREEMENT TO PURCHASE AND SELL REAL ESTATE ("Agreement") is
made and entered into as of the 2 day of June , 2020, by and between Indian
River County, a political subdivision of the State of Florida ("the County"), and Gene Perry
and Kenneth Johnson, ("the Sellers") who agree as follows:
WHEREAS, Seller owns property located at 2390 45th Street, Vero Beach, Florida
32967. A legal description of the property is attached to this agreement as Exhibit "A" and
incorporated by reference herein; and
WHEREAS, the County has plans to improve the US Highway 1 and 45th Street
intersection to include a dedicated left turn lane; and
WHEREAS in order for the County to proceed with road expansion plans, the
County needs to purchase property to be used as right-of-way from landowners along the
south side of 45th Street; and
WHEREAS, the County contacted the Seller and offered to purchase right-of-way of
301 square feet of property as depicted on Exhibit "B"; and
WHEREAS, the Seller has agreed to sell for the stated purchase price on the
understanding that the project will be constructed, and the parcel taken will be used, in
substantial accordance with Contract Plans, 45th Street and US Highway 1 Roadway and
Signalization Improvements, IRC Project No.: 1355, 90% Plans Submittal, December,
2015, bearing date and time at the bottom of the cover page (copy attached as Exhibit "C")
of 12/18/2015, 7:48:13 AM, which plans are incorporated herein by reference and made a
part of this agreement; and
WHEREAS, the Parties agree this is an arm's length transaction between the Seller
and the County, without the threat of eminent domain.
NOW, THEREFORE, in exchange of mutually good and valuable consideration the
COUNTY and SELLER hereby affirm each of the representations contained hereinabove
and hereby agrees to be bound by the terms contained herein below.
1. Recitals. The above recitals are affirmed as being true, correct, and material to
induce the parties to enter into this Agreement and are incorporated herein.
2. Agreement to Purchase and Sell. The Seller hereby agrees to sell to the County,
and the County hereby agrees to purchase from Seller, upon the terms and conditions set
forth in this Agreement that certain parcel of real property located at 2390 45th Street, Vero
Beach, Florida and more specifically described in the legal description attached as Exhibit
"B", fee simple, containing approximately 301 square feet, all improvements thereon,
together with all easements, rights and uses now or hereafter belonging thereto
(collectively, the "Property").
2.1 Purchase Price, Effective Date. The purchase price ("Purchase Price") for the
Property shall be $5,500.00 (Five Thousand Five Hundred 00/100 Dollars) plus $6,605.00
appraisal fee, $75.00 title search fee, and $1,950.00 engineer fees. The Purchase Price
shall be paid on the Closing Date. The Effective Date of this Agreement shall be the date
upon which the County shall have approved the execution of this Agreement, either by
approval by the Indian River County Board of County Commissioners at a formal meeting
of such Board or by the County Administrator pursuant to his delegated authority.
2.2 Costs and Fees. The County shall pay the Seller's attorney fees in the agreed
amount of $3,750.00 to Holloman Law, and in an amount to be determined by an agreed
third party to Neill Griffin Marquis, PLLC, pursuant to and in accordance with a separate
agreement between counsel.
3. Title. Seller shall convey marketable title to the Property by warranty deed free of
claims, liens, easements and encumbrances of record or known to Seller; but subject to
property taxes for the year of Closing and covenants, restrictions and public utility
easements of record provided (a) there exists at Closing no violation of any of the
foregoing; and (b) none of the foregoing prevents County's intended use and development
of the Property ("Permitted Exceptions"). Seller's title search indicates that a predecessor
in title, Ruby Stubbs, may not have released her interest in the property; however, Seller's
understanding is that any defect is cured by the Marketable Record Title Act and will
convey subject to, and not be responsible, for removing any record interest of Ruby
Stubbs, which matter shall be considered a permitted exception.
3.1 County may order an Ownership and Encumbrance Report or Title Insurance
Commitment with respect to the Property. County shall within fifteen (15) days following
the Effective Date of this Agreement deliver written notice to Seller of title defects. Title
shall be deemed acceptable to County if (a) County fails to deliver notice of defects within
the time specified, or (b) County delivers notice and Seller cures the defects within thirty
(30) days from receipt of notice from County of title defects ("Curative Period"). Seller shall
use best efforts to cure the defects within the Curative Period and if the title defects are not
cured within the Curative Period, County shall have thirty (30) days from the end of the
Curative Period to elect, by written notice to Seller, to: (i) to terminate this Agreement,
whereupon shall be of no further force and effect, or (ii) extend the Curative Period for up
to an additional 90 days; or (iii) accept title subject to existing defects and proceed to
closing.
4. Representations of the Seller.
4.1 Seller is indefeasibly seized of marketable, fee simple title to the Property, and is the
sole owner of and has good right, title, and authority to convey and transfer the Property
which is the subject matter of this Agreement, free and clear of all liens and
encumbrances.
4.2 From and after the Effective Date of this Agreement, Seller shall take no action
which would impair or otherwise affect title to any portion of the Property, and shall record
no documents in the Public Records which would affect title to the Property, without the
prior written consent of the County.
4.3.1 There are no existing or pending special assessments affecting the Property, which
are or may be assessed by any governmental authority, water or sewer authority, school
district, drainage district or any others pecia I taxing district, other than a County Landfill fee
and the Gifford Street Light District.
5. Default.
5.1 In the event the County shall fail to perform any of its obligations hereunder, the
Seller shall, at its sole option, be entitled to: (i) terminate this Agreement by written notice
delivered to the County at or prior to the Closing Date and thereupon neither the Seller nor
any other person or party shall have any claim for specific performance, damages, or
otherwise against the County; or (ii) waive the County's default and proceed to Closing.
5.2 In the event the Seller shall fail to perform any of its obligations hereunder, the
County shall, at its sole option, be entitled to: (i) terminate this Agreement by written notice
delivered to the Seller at or prior to the Closing Date and thereupon neither the County nor
any other person or party shall have any claim for specific performance, damages or
otherwise against the Seller; or (ii) obtain specific performance of the terms and conditions
hereof; or (iii) waive the Seller's default and proceed to Closing, without any right to claim
or recover damages of any kind or nature whatsoever
6. Closing.
6.1 The closing of the transaction contemplated herein ("Closing" and "Closing Date")
shall take place within 45 days following the execution of the contract by the Chairman of
the Board of County Commissioners. The parties agree that the Closing shall be as
follows:
(a) The Seller shall execute and deliver to the County a warranty deed conveying
marketable title to the Property, free and clear of all liens and encumbrances and in the
condition required by paragraph 3.
(b) If Seller is obligated to discharge any encumbrances at or prior to Closing and fails
to do so, County may use a portion of Purchase Price funds to satisfy the encumbrances.
(c) If the Seller is a non-resident alien or foreign entity, Seller shall deliver to the County
an affidavit, in a form acceptable to the County, certifying that the Seller and any interest
holders are not subject to tax under the Foreign Investment and Real Property Tax Act of
1980.
(d) The Seller and the County shall each deliver to the other such other documents or
instruments as may reasonably be required to close this transaction.
6.2 Taxes. All taxes and special assessments which are a lien upon the property on or
prior to the Closing Date (except current taxes which are not yet due and payable)
shall be paid by the Seller. The County shall cause the Property Appraiser to
prorate any taxes, assessments, and non -ad valorem assessments as of the closing
date so that the amount due for Seller to pay taxes and assessments when due is
reduced and prorated accordingly.
6.3 Disbursement. At Closing the Closing Agent is directed to disburse following
amounts:
6.3.1 The total sum of $8,630.00 to Neill Griffin Marquis, PLLC, for the purpose of paying
those appraisal fees, title search fee, and engineers fees incurred; and, if attorney's
fees for Neill Griffin Marquis, PLLC, have been determined as referenced at Section
2.2 above, the same shall also be paid/disbursed at closing. If those fees have not
been determined, closing shall proceed and the parties will timely complete the
determination referenced at Section 2.2, with payment to follow as soon thereafter
as practical. The obligation to determine and pay these attorney's fees, as set forth
in this Agreement, shall survive the closing.
6.3.2 The total amount of $3,750.00 to Holloman Law for the purpose of paying those
attorney's fees incurred.
6.3.3 The remaining amount shall be split evenly between Gene Perry and Kenneth L.
Johnson and paid by separate checks, $2,750.00 each, delivered in care of their
respective counsels.
6.4 The County shall submit this Agreement and transaction for formal approval by the
Indian River County Board of Commissioners at a public meeting within 30 days of
the last of the Seller's to sign this Agreement. Further, if this Agreement is not so
submitted for approval or if the Board of County Commissioners fails to accept this
offer at that time, then, unless all parties have previously agreed to extend the time
for consideration, the same shall be deemed rejected and of no further force or
effect.
7. Personal Property.
7.1 The Seller shall have removed all of its personal property, equipment and trash from
the Property. The Seller shall deliver possession of the Property to County vacant and in
the same or better condition that existed at the Effective Date hereof.
7.2 Seller shall deliver at Closing all keys to locks and codes to access devices to
County, if applicable.
8. Closing Costs: Expenses. County shall be responsible for preparation of all Closing
documents.
8.1 County shall pay the following expenses at Closing:
8.1.1 The cost of recording the warranty deed and any release or satisfaction obtained by
Seller pursuant to this Agreement.
8.1.2 Documentary Stamps required to be affixed to the warranty deed.
8.1.3 All costs and premiums for the owner's marketability title insurance commitment and
policy, if any.
8.1.3 All other costs associated with closing, unless otherwise expressly stated to the
contrary herein.
8.2 Seller shall pay the following expenses at or prior to Closing:
8.2.1 All costs necessary to cure title defect(s) or encumbrances, other than the
Permitted Exceptions, and to satisfy or release of record all existing mortgages, liens or
encumbrances upon the Property.
9. Miscellaneous.
9.1 Controlling Law. This Agreement shall be construed and enforced in accordance
with the laws of the State of Florida. Venue shall be in Indian River County for all state
court matters, and in the Southern District of Florida for all federal court matters.
9.2 Entire Agreement. This Agreement constitutes the entire agreement between the
parties with respect to this transaction and supersedes all prior agreements, written or
oral, between the Seller and the County relating to the subject matter hereof. Any
modification or amendment to this Agreement shall be effective only if in writing and
executed by each of the parties.
9.3 Assignment and Binding Effect. Neither County nor Seller may assign its rights and
obligations under this Agreement without the prior written consent of the other party. The
terms hereof shall be binding upon and shall inure to the benefit of the parties hereto and
their successors and assigns.
9.4 Notices. Any notice shall be deemed duly served if personally served or if mailed by
certified mail, return receipt requested, or if sent via "overnight" courier service or facsimile
transmission, as follows:
If to Seller: Gene Perry
239045 th Street
Vero Beach, FL 32967
Kenneth L. Johnson
2629 Monte Carlo Trail
Orlando, FL 32805
With Copy to: Richard V. Neill, Jr.
Neill Griffin Marquis, PLLC
311 S.2 Id Street, Suite 200
Fort Pierce, FL 34950
Charles M. Holloman, II
502 North Armenia Avenue
Tampa, FL 33609
If to County: Indian River County
1801 27th Street
Vero Beach, FL 32960
Attn: Land Acquisition/Monique Filipiak
Either party may change the information above by giving written notice of such change as
provided in this paragraph.
9.5 Survival and Benefit. Except as otherwise expressly provided herein, each
agreement, representation or warranty made in this Agreement by or on behalf of either
party, or in any instruments delivered pursuant hereto or in connection herewith, shall
survive the Closing Date and the consummation of the transaction provided for herein.
The covenants, agreements and undertakings of each of the parties hereto are made
solely for the benefit of, and may be relied on only by the other party hereto, its successors
and assigns, and are not made for the benefit of, nor may they be relied upon, by any other
person whatsoever.
9.6 Attorney's Fees and Costs. In any claim or controversy arising out of or relating to
this Agreement, each party shall bear its own attorney's fees, costs, and expenses. This
limitation shall not apply to any claim or controversy arising out of or relating to failure of
the County to comply with the terms of Section 9.10, below. Nor shall it apply to any
further taking or acquisition of any property interest.
9.7 Counterparts. This Agreement may be executed in two or more counterparts, each
one of which shall constitute an original.
9.8 County Approval Required: This Agreement is subject to approval by the Indian
River County Board of County Commissioners as set forth in paragraph 2.
9.9 Beneficial Interest Disclosure: In the event Seller is a partnership, limited partnership,
corporation, trust, or any form of representative capacity whatsoever for others, Seller shall
provide a fully completed, executed, and sworn beneficial interest disclosure statement in
the form attached to this Agreement as an exhibit that complies with all of the provisions of
Florida Statutes Section 286.23 prior to approval of this Agreement by the County.
However, pursuant to Florida Statutes Section 286.23 (3) (a), the beneficial interest in any
entity registered with the Federal Securities and Exchange Commission, or registered
pursuant to Chapter 517, Florida Statutes, whose interest is for sale to the general public,
is exempt from disclosure; and where the Seller is a non-public entity, that Seller is not
required to disclose persons or entities holding less than five (5%) percent of the beneficial
interest in Seller.
9.10 Understanding: The Seller has agreed to sell for the stated purchase price on
the understanding that the project will be constructed, and the parcel taken will be used, in
substantial accordance with Contract Plans, 45th Street and US Highway 1 Roadway and
Signalization Improvements, IRC Project No.: 1355, 90% Plans Submittal, December,
2015, bearing date and time at the bottom of the cover page (copy attached as Exhibit "C")
of 15/18/2015, 7:48:13 AM, which plans are incorporated herein by reference and made a
part of this agreement. This provision of the Agreement shall survive the closing date and
consummation of the transaction.
(SIGNATURE PAGE FOLLOWS)
IN WITNESS WHEREOF, the undersigned have executed this Agreement as of the
date first set forth above.
INDIAN RIVER COU Y, F IDA ,"' -r,
BQARQ OF COUWY CQKMISSE� xl•
uAdams, Chairhta,6- o., Gemb Perry
ppr ed by BCC June 2, 2020 ��RCouwZ��'
"'"' "°Kenneth L. Johnson
ATTEST:
Jeffrey R. Smith, Clerk of Court and
Comptroller
a 1MI��/L�I/_l%/.7/
im
Jason E/ Brojvn, Cou
-2�-�,d
Date
Date
App o eedd as to F rm an - g I Suf i i ncy:
ministrator William K. De raal, Deputy County Attorney
EXHIBIT "A"
LOT IN SW 1/4 OF SE 1/4 OF SW 1/4 209.00 - FT SQUARE AS IN D BK 23 PP 566
Parcel ID: #32-39-23-00000-5000-00014.0
Commonly known as: 2390 45th St, Vero Beach, FL 32967
LEGAL DESCRIPTION: RIGHT OF WAYACQUISITION
Legal Description
Being a Parcel of land lying in Section 23,Township 32 South, Range 39
East, said parcel also being a portion of a Tract of land as recorded in Official
Record Book 754, Page 2321 of the Public Records of Indian River County,
Florida, said parcel being more particularly described as follows:
Commence at the Intersection of the Centerline of Right -of -Way of Old Dixie
Highway as shown on the Old Dixie Highway Right -of -Way Map, per Plat
Book 24, Page 81, of the public records of Indian River County, Florida, with
the South line of Section 23, Township 32 South, Range 39 East; Thence
South 89°46'13" East, along the said South line of Section 23, a distance of
52.31 feet; Thence departing said South line, North 00°13'47" East, a
distance of 25.00 feet to a point on the North Right -of -Way line of 45th Street
(being a 50 foot wide Right -of -Way) as recorded in Official Record Book 120,
Page 573, Public Records of Indian River County, Florida, said point being
the Point of Beginning;
Thence North 89°46'13" West, along said North Right -of -Way line (said
Right -of -Way being 25.00 feet North of and parallel with as measured at right
angles to the South line of said Section 23) a distance of 25.00 feet to the
East Right -of -Way line of Old Dixie Highway (being a 66 foot wide
Right -of -Way) as shown In Plat Book 24, Page 81 of said Public Records;
Thence North 15'15'55" West, along said East Right -of -Way line a distance
of 8.45 feet to the Beginning of a tangent curve concave to the Southwest
having a radius of 5762.58 feet; Thence Northwesterly along the arc of said
curve and said East Right -of -Way line through a central angle of 00°09'52", a
distance of 16.55 feet; Thence departing said East Right -of -Way line, South
52°32'42" East, a distance of 39.81 feet to the said North Right -of -Way line
of said 45th Street and the Point of Beginning.
Containing: 301 square feet, more or less
Legend and Abbreviations
COR = CORNER
Co. = COMPANY
ESMT = EASEMENT
I.R.F.W.C.D. = INDIAN RIVER FARMS
WATER CONTROL DISTRICT
O.R.B. = OFFICIAL RECORDS BOOK
MAG = MAGNETIC
PROP = PROPERTY
P.S.M. = PROFESSIONAL SURVEYOR
AND MAPPER
R = RADIUS
RGE= RANGE
RIVER COUNTY ADMINISTRATION
1801 27th STREET
VERO BEACH, FL 32960
(772) 567-8000
RNV = RIGHT OF WAY
SEC = SECTION -TOWNSHIP -RANGE
D = CENTRAL ANGLE
P.B.S. = ST. LUCIE COUNTY PLAT BOOK
P.I.D. = PARCEL IDENTIFICATION
P.O.B. = POINT OF BEGINNING
P.O.C. = POINT OF COMMENCEMENT
P.T. = POINT OF TANGENT
TWP= TOWNSHIP
Surveyor's Notes
1) This sketch and Legal Descripticn was prepared with the benefit of a Topographic Survey
(Project No. 1355) prepared by Indian River County Personnel on the date of 2123115.
2) This legal description shall not be valid unless:
(A) Provided in its entirety consisting of 2 sheets, with sheet 2 showing the
sketch of the legal description.
(8) Reproductions of the description and sketch are signed and sealed with
an embossed surveyor's seal.
Bearings shown hereon are based on the Florida State plane Coordinate
System, as referenced to the North American Datum (NAD) 1983 adjustment
of 2011, Florida East Zone, and are further referenced to the South line of
Section 23 Township 32 South, Range 39 East, said line bears South 89°46'13" East.
Certification
(Not valid without the signature and original
raised seal of a Florida licensed Surveyor and Mapper)
I hereby certify that the Sketch and Legal Description of the property shown and
described hereon was completed under my direction and said Sketch and Legal is
true and correct to the best of my knowledge and belief.
I further certify that this Sketch and Description meets the miRinitum technical
standards for surveys set forth by the Florida Professional Board of Surveyors and
Mappers in chapter 5J-17.052 Florida Administrative code, pursuant to section
472.027 Florida State Statutes. F ;
Date of Signature DaVld M. Si o-Tn
Professional Surveyor and Mapper
Florida Certificate No. 6139
THIS DRAWING DOES NOT REPRESENT A BOUNDARY SURVEY
PREPARED FOR INDIAN RIVER COUNTY ENGINEERING DEPARTMENT
INDIAN RIVER COUNTY IDRANMBY: ICF
AINGLFTT
By:
SKETCH
SKETCH OF 06
FOR
NE
SHEET
LEGAL DESCRIPTION: RIGHT OF WAY ACQUISITION
32- 39-23-00000- 5000-0001 4.0I 3 2-39- 2 3-00000- 5000-00015.0
PERRY, GENE (1/2) & IJ AOP OF DELAWARE INC.
O.R.B. 754, PG 2321 O.R.B, 2467, PG 15
`9S?�
,,--BEGINNING
NORTH RIGHT-OF-WAY LINE
3'46'13"W
25.010'----N00'13'47"E
25.010'
589'46'13
52.31'
RIGHT-OF-WAY UNE
N t,
45TH STREET
in; In
(NORTH GIFFORD ROAD)
ro °' _
SOUTH LINE SECTION 23, T. 32 S., RGE. 39 E.
. n
NORTH UNE SECTION 26, T. 32 S., RGE, 39 E.
pi
569'46'13" E (BEARING BASE)
�m
a
a
RIGHT-OF-WAY UNE
INTERSEC77ON OF CENTERLINE OF
RIGHT-OF-WAY OLD DIXIE HIGHWAY AND
NORTH LINE SECTION 26, T32S, RGE39E
WAY UNE
32-39-26-00000-3000-00003.0
QUALITY FRUIT PACKERS IR INC
O.R.B. 963, PG 2384
NOT PLATTED (IMPROVED)
Legend and Abbreviations
COR = CORNER
Co. = COMPANY
ESMT = EASEMENT
L.L.C. = LIMITED LIABILITY COMPANY
L =ARC LENGTH
O.R.B. = OFFICIAL RECORDS BOOK
MAG = MAGNETIC
P.B. = PLAT BOOK
P.C. = POINT OF CURVATURE
A.I.D. = PARCEL IDENTIFICATION
P.O.B. = POINT OF BEGINNING
P.O.C. = POINT OF COMMENCEMENT
P.T. = POINT OF TANGENT
PROP = PROPERTY
P.S.M. = PROFESSIONAL SURVEYOR
AND MAPPER
R = RADIUS
RGE = RANGE
RNV = RIGHT OF WAY
SEC = SECTION -TOWNSHIP -RANGE
D = CENTRAL ANGLE
TWP= TOWNSHIP
GRAPHIC SCALE
40 0 40 80
{ IN FEET )
Intended display scale:
1 inch = 40 feet
THIS DRAVANG DOES NOT REPRESENT A BOUNDARY SURVEY
PREPARED FOR IND IAN RIVER COUNTY ENGINEERING DEPARTMENT
INDIAN RIVER COUNTY ADMINISTRATION BUILDING /Np/AN R/Y£R COUNTY DRAWN BY; SECTION 23 SKETCH OF DESCRIPTION SHEE7
160I 27tH STREET Deoarfinenf of Public Warks R. /NGLETT T W 32 FOR '2
VERO BEACH, FL 32960 APPROVED BY:
(772) 567-8000 Rv, £naineerina Division I n cnnAi I RANr;F ;4 PFiPRY PdjPf'E'/ _ 2
INDEX OF ROADWAY PLANS
SHEET NO. SHEET DESCRIPTION
l \/hl Al V •'I � 1: ., I �i� �/�=��
lolIT, i • i'' l/I Iti / (Ii \;1 } 10) i i i
C®1 TP4,4 CT PLANS
45TH[ STREET AND US HIGHWAY 1
ROADWAY AND SI GNALIIZAT ION IMPROVEMENTS
IRC PROJECT No. 1355
LJIL -4
I
KEY SHEET STA. 214+25.34
Feu r :-
Z
GENERAL NOTES
3
SUMMAR.' OF PAY ITEMS
§Q.
4-6
TYPICAL SECTIONS
619 --- ,� 5L a INDIAN RIVE
REti wesr
7
PLAN SHEET LAYOUT
,W a-?
' '
END OLD DIXIE HWY IMPROVEMENTSok-
8-10
45TH STREET PLAN SHEETS
.fid-'
J I
STA. T3+B2J6
11-14
OLD DIXIE HIGHWAY PLAN SHEETS
15
MISCELL4NEOUS DETAILS
16-18
45TH STREET CROSS SECTIONS•
' • r
29-47
OLD DIX'E HIGHWAY CROSS SECTIONS
i I"�! " _ — - 1
48
SIGNING AND MARKING GENERAL NOTES=
a YEnO-GIFF b
49-50
45TH STREET SIGNING AND MARKING
I I : GEE I41 rEG r,xFE
0 1 1
51-52
OLD OIX'E HIGHWAY SIGNING AND MARKING
•�
I • ne es - G70 r�
53-54
EROSION CONTROL GENERAL NOTES-•1r-I��
G _ a..r„F
Miles
55-56
45TH STREET EROSION CONTROL
END 45TH ST. IMPROVEMENTS
57-58
OLD DIX'E HIGHWAY EROSION CONTROL
1'
I vERG gE•c
STA- 224+69.50
T-01
SIGNAL(ZATfON GENERAL NOTES
v APGa1 5G YE
n\\
T-01
INDIAN IiIVER COUNTY TRAFFIC SIGNAL SPECIFICATIONS
— 615
?= ���t�
PLANS PREPARED BY:
T-03
OMITTED T- 2-5
.. _' - P �-R '
T -32-S
T-04 - T-05
51GNAL MODIFICATION PLAN T-33 -S
�K%`roaw. s. 'Ev - .
T-33-5 lCimley>>> Horn
T-06
MAST ARM TABULATION
—_ --
6%
- _. _ o... ur - ..:'.:YFLl+Yc'•-
BEGIN OLD DIXIE HWY IMPROVEMENTS
STA. 5B+2/.35 445 24TH STREET, SUITE 200
VERO BEACH, FL 32960
(772) 794-4100
PROJECT NUMBER: 047035085
CERTIFICATE OF AUTHORIZATION: 00000696
I., Oes'9n SlarMaiQs NOQN([atl CI/rt gn
^Design BlanQarQf X rlw teUwingreb site:
Nrp:: Avwn.por.srare.!'.uf. rtldesrgn
DEPARTMENT OF PUBLIC WORKS
CHRISTOPHER R. MORA P.F-., DIRECTOR
RICHARD B. SZPYRKA P.E., A5515TANT DIRECTOR
'GARS NAY
)DUCTION.
BRIAN GD00
AGREEMENT TO PURCHASE AND SELL REAL ESTATE
BETWEEN INDIAN RIVER COUNTY
AND
GENE PERRY & KENNETH JOHNSON
THIS AGREEMENT TO PURCHASE AND SELL REAL ESTATE ("Agreement") is
made and entered into as of the. 2 day of June , 2020, by and between Indian
River County, a political subdivision of the State of Florida ("the County")', and Gene Perry
and Kenneth Johnson, ("the Sellers") who agree as follows:
WHEREAS, Seller owns property located at 2390 45th Street, Vero Beach, Florida
32967. A legal description of the property is attached to this agreement as Exhibit "A" and
incorporated by reference herein; and
WHEREAS,. the County has plans to improve the US Highway 1 and 45th Street
intersection to include a dedicated left turn lane; and
WHEREAS in order for the County to proceed with road expansion plans, the
County needs to purchase property to be used as right-of-way from landowners along the
south side of 45th Street; and
WHEREAS, the County contacted the Seller and offered to purchase right-of-way of
301 square feet of property as depicted on Exhibit "B"; and
WHEREAS, the Seller has agreed to sell for the stated purchase price on the
understanding that the project will be constructed, and the parcel taken will be used, in
substantial accordance with Contract Plans, 45th Street and US Highway 1 Roadway and
Signalization Improvements, IRC Project No.: 1355, 90% Plans Submittal, December,
2015, bearing date and time at the bottom of the cover page (copy attached as Exhibit "C")
of 12/18/2015, 7:48:13 AM, which plans are incorporated herein by reference and made a
part of this agreement; and
WHEREAS, the Parties agree this is an arm's length transaction between the Seller
and the County, without the threat of eminent domain.
NOW, THEREFORE, in exchange of mutually good and valuable consideration the
COUNTY and SELLER hereby affirm each of the representations contained hereinabove
and hereby agrees to be bound by the terms contained herein below.
1. Recitals. The above recitals are affirmed as being true, correct, and material to
induce the parties to enter into this Agreement and are incorporated -herein.
2. Agreement to Purchase and Sell. The Seller hereby agrees to sell to the County,
and the County hereby agrees to purchase from Seller, upon the terms and conditions set
forth in this Agreement that certain parcel of real property located at 2390 45th Street, Vero
Beach, Florida and more specifically described in the legal description attached as Exhibit
"B", fee simple, containing approximately 301 square feet, all improvements thereon,
together with all easements, rights and uses now or hereafter belonging thereto
(collectively, the "Property").
2.1 Purchase Price, Effective Date. The purchase price ("Purchase Price") for the
Property shall be $5,500.00 (Five Thousand Five Hundred 0.0/100 Dollars) plus $6,605.00
appraisal fee, $75.00 title search fee, and $1,950.00 engineer fees. The Purchase Price
shall be paid on the Closing Date. The Effective Date of this Agreement shall be the date
upon which the County shall have approved the execution of this Agreement, either by
approval by the Indian River County Board of County Commissioners at a formal meeting
of such Board or by the County Administrator pursuant to his delegated authority.
2.2 Costs and Fees. The County shall pay the Seller's attorney fees in the agreed
amount of $3,750.00 to Holloman Law, and in an amount to be determined by an agreed
third party to Neill Griffin Marquis, PLLC, pursuant to and in accordance with a separate
agreement between counsel.
3. Title. Seller shall convey marketable title to the Property by warranty deed free of
claims, liens, easements and encumbrances of record or known to Seller; but subject to
property taxes for the year of Closing and covenants, restrictions and public utility
easements of record provided (a) there exists at Closing no violation of any of the
foregoing; and (b) none of the foregoing prevents County's intended use and development
of the Property ("Permitted Exceptions"). Seller's title search indicates that a predecessor
in title, Ruby Stubbs, may not have released her interest in the property; however, Seller's
understanding is that any defect is cured by the Marketable Record Title Act and will
convey subject to, and not be responsible, for removing any record interest of Ruby
Stubbs, which matter shall be considered a permitted exception.
3.1 County may order an Ownership and Encumbrance Report or Title Insurance
Commitment with respect to the Property. County shall within fifteen (15) days following
the Effective Date of this Agreement deliver written notice to Seller of title defects. Title
shall be deemed acceptable to County if (a) County fails to deliver notice of defects within
the time specified, or (b) County delivers notice and Seller cures the defects within thirty
(30) days from receipt of notice from County of title defects ("Curative Period"). Seller shall
use best efforts to cure the defects within the Curative Period and if the title defects are not
cured within the Curative Period, County shall have thirty (30) days from the end of the
Curative Period to elect, by written notice to Seller, to: (i) to terminate this Agreement,
whereupon shall be of no further force and effect, or (ii) extend the Curative Period for up
to an additional 90 days; or (iii) accept title subject to existing defects and proceed to
closing.
4. Representations of the Seller.
4.1 Seller is indefeasibly seized of marketable, fee simple title to the Property, and is the
sole owner of and has good right, title, and authority to convey and transfer the Property
which is the subject matter of this Agreement, free and clear of all liens and
encumbrances.
4.2 From and after the Effective Date of this Agreement, Seller shall take no action
which would impair or otherwise affect title to any portion of the Property, and. shall record
no documents in the Public Records which would affect title to the Property, without the
prior written consent of the County.
4.3.1 There are no existing or pending special assessments. affecting the Property, which
are or may be assessed by any governmental authority, water or sewer authority, school
district, drainage district or any other special taxing district, other than a County Landfill fee
and the Gifford Street Light District.
5. Default.
5.1 In the event the County shall fail to perform any of its obligations hereunder, the
Seller shall, at its sole option, be entitled to: (i) terminate this Agreement by written notice
delivered to the County at or prior to the. Closing Date and thereupon neither the Seller nor
any other person or party shall have any claim for specific performance, damages, or
otherwise against the County; or (ii) waive the County's default and proceed to Closing.
5.2 In the event the Seller shall fail to perform any of its obligations hereunder, the
County shall, at its sole option, be entitled to: (i) terminate this Agreement by written notice
delivered to the Seller at or prior to the Closing Date and thereupon neither the County nor
any other person or party shall have any claim for specific performance, damages or
otherwise against the Seller; or (ii) obtain specific performance of the terms and conditions
hereof; or (iii) waive the Seller's default and proceed to Closing, without any right to claim
or recover damages of any kind or nature whatsoever
6. Closing.
6.1 The closing of the transaction contemplated herein ("Closing" and "Closing Date")
shall take place within 45 days following the execution of the contract by the Chairman of
the Board of County Commissioners. The parties agree that the Closing shall be as
follows:
(a) The Seller shall execute and deliver to the County a warranty deed conveying
marketable title to the Property, free and clear of all liens and encumbrances and in the
condition required by paragraph 3.
(b) If Seller is obligated to discharge any encumbrances at or prior to Closing and fails
to do so, County may use a portion of Purchase Price funds to satisfy the encumbrances.
(c) If the Seller is a non-resident alien or foreign entity, Seller shall deliver to the County
an affidavit, in a form acceptable to the County, certifying that the Seller and any interest
holders are not subject to tax under the Foreign Investment and Real Property Tax Act of
1980.
(d) The Seller and the County shall each deliver to the other such other documents or
instruments as may reasonably be required to close this transaction.
6.2 Taxes. All taxes and special assessments which are a lien upon the property on or
prior to the Closing Date (except current taxes which are not yet due and payable)
shall be paid by the Seller. The County shall cause the Property Appraiser to
prorate any taxes, assessments, and non -ad valorem assessments as of the closing
date so that the amount due for Seller to pay taxes and assessments when due is
reduced and prorated accordingly.
6.3 Disbursement. At Closing the Closing Agent is directed to disburse following
amounts:
f Xr
6.3.1 The total sum of $8,630.00 to Neill Griffin Marquis, PLLC, forth epurpose of paying
those appraisal fees, title search fee, and engineers fees incurred; and, if attorney's
fees for Neill Griffin Marquis, PLLC, have been determined as referenced at Section
2.2 above, the same shall also be paid/disbursed at closing. If those fees have not
been determined, closing shall proceed and the parties will timely complete the
determination referenced at Section 2.2, with payment to follow as soon thereafter
as practical. The obligation to determine and pay these attorney's fees, as set forth
in this Agreement, shall survive the closing.
6.3.2 The total amount of $3,750.00 to Holloman Law for the purpose of paying those
attorney's fees incurred.
6.3.3 The remaining amount shall be split evenly between Gene Perry and Kenneth L.
Johnson and paid by separate checks, $2,750.00 each, delivered in care of their
respective counsels.
6.4 The County shall submit this Agreement and transaction for formal approval by the
Indian River County Board of Commissioners at a public meeting within 30 days of
the last of the Seller's to sign this Agreement. Further, if this Agreement is not so
submitted for approval or if the Board of County Commissioners fails to accept this
offer at that time, then, unless all parties have previously agreed to extend the time
for consideration, the same shall be deemed rejected and of no further force or
effect.
7. Personal Property.
7.1 The Seller shall have removed all of its personal property, equipment and trash from
the Property. The Seller shall deliver possession of the Property to County vacant and in
the same or better condition that existed at the Effective Date hereof.
7.2 Seller shall deliver at Closing all keys to locks and codes to access devices to
County, if applicable.
8. Closing Costs: Expenses. County shall be responsible for preparation of all Closing
documents.
8.1 County shall pay the following expenses at Closing:
8.1.1 The cost of recording the warranty deed and any release or satisfaction obtained by
Seller pursuant to this Agreement.
8.1.2 Documentary Stamps required to be affixed to the warranty deed.
8.1.3 All costs and premiums for the owner's marketability title insurance commitment and
policy, if any.
8.1.3 All other costs associated with closing, unless otherwise expressly stated to the
contrary herein.
8.2 Seller shall pay the following expenses at or prior to Closing:
.r^
8.2.1 All costs necessary to cure title defect(s) or encumbrances, other than the
Permitted Exceptions, and to satisfy or release of record all existing mortgages, liens or
encumbrances upon the Property.
9. Miscellaneous.
9.1 Controlling Law. This Agreement shall be construed and enforced in accordance
with the laws of the State of Florida. Venue shall be in Indian River County for all state
court matters, and in the Southern District of Florida for all federal court matters.
9.2 Entire Agreement. This Agreement constitutes the entire agreement between the
parties with respect to this transaction and supersedes all prior agreements, written or
oral, between the Seller and the County relating to the subject matter hereof. Any
modification or amendment to this Agreement shall be effective only if in writing and
executed by each of the parties.
9.3 Assignment and BindingEffect. ffect. Neither County nor Seller may assign its rights and
obligations under this Agreement without the prior written consent of the other party. The
terms hereof shall be binding upon and shall inure to the benefit of the parties hereto and
their successors and assigns.
9.4 Notices. Any notice shall be deemed duly served if personally served or if mailed by
certified mail, return receipt requested, or if sent via `overnight" courier service or facsimile
transmission, as follows:
If to Seller: Gene Perry With Copy to: Richard V. Neill, Jr.
2390 450 Street Neill Griffin Marquis, PLLC
Vero Beach, FL 32967 311S.2 nd Street, Suite 200
Fort Pierce, FL 34950
Kenneth L. Johnson
2629 Monte Carlo Trail
Orlando, FL 32805
Charles M. Holloman, II
502 North Armenia Avenue
Tampa, FL 33609
If to County: Indian River County
1801 27th Street
Vero Beach, FL 32960
Attn: Land Acquisition/Monique Filipiak
Either party may change the information above by giving written ,notice of such change as
provided in this paragraph.
9.5 Survival and Benefit. Except as otherwise expressly provided herein, each
agreement, representation or warranty made in this Agreement by or on behalf of either
party, or in any instruments delivered pursuant hereto or in connection herewith, shall
survive the Closing Date and the consummation of the transaction provided for herein.
The covenants, agreements and undertakings of each of the parties hereto are made
solely for the benefit of, and may be relied on only by the other party hereto, its successors
and assigns, and are not made for the benefit of, nor may they be relied upon, by any other
person whatsoever.
9.6 Attorney's Fees and Costs. In any claim or controversy arising out of or relating to
this Agreement, each party shall bear its own attorney's fees, costs, and expenses. This
limitation shall not apply to any claim or controversy arising out of or relating to failure of
the County to comply with the terms of Section 9.10, below. Nor shall it apply to any
further taking or acquisition of any property interest.
9.7 Counterparts. This Agreement may be executed in two or more counterparts, each
one of which shall constitute an original.
9.8 County Approval Required: This Agreement is subject to approval by the Indian
River County Board of County Commissioners as set forth in paragraph 2.
9.9 Beneficial Interest Disclosure: In the event Seller is a partnership, limited partnership,
corporation, trust, or any form of representative capacity whatsoever for others, Seller shall
provide a fully completed, executed, and sworn beneficial interest disclosure statement in
the form attached to this Agreement as an exhibit that complies with all of the provisions of
Florida Statutes Section 286.23 prior to approval of this Agreement by the County.
However, pursuant to Florida -Statutes Section 286.23 (3) (a), the beneficial interest in any
entity registered with the Federal Securities and Exchange Commission, or registered
pursuant to Chapter 517, Florida Statutes, whose interest is for sale to the general public,
is exempt from disclosure; and where the Seller is a non-public entity, that Seller is not
required to disclose persons or entities holding less than five (5%) percent of the beneficial
interest in Seller.
9.10 Understanding: The Seller has agreed to sell for the stated purchase price on
the understanding that the project will be constructed, and the parcel taken will be used, in
substantial accordance with Contract Plans, 45th Street and US Highway 1 Roadway and
Signalization Improvements, IRC Project No.: 1355, 90% Plans Submittal, December,
2015, bearing date and time at the bottom of the cover page (copy attached as Exhibit "C")
of 15/18/2015, 7:48:13 AM, which plans are incorporated herein by reference and made a
part of this agreement. This provision of the Agreement shall survive the closing date and
consummation of the transaction.
(SIGNATURE PAGE FOLLOWS)
IN WITNESS WHEREOF, the undersigned have executed this Agreement as of the
date first set forth above.
INDIAN RIVER COU'can�M.
F IDIkJ���� �Ssio•,
. A
BQAR� OF COU Y C MISSE
Ku Adams, Chair so: Gen perry Date
v9y9, �`�: r�, O��o�•
Ap ed by BCC June 2, 2020 •:�FR~- r`` �':
-'...-!...Kenneth
, COU1
"' k ' "Kenneth L. Johnson Date
ATTEST:
Jeffrey R. Smith, Clerk of Court and
Comptrojler
By:
Deputy Clerk
Appro App o end as to F rm an g I Su f ' ' ncy:
Jason Ej Bro n, Cou dministrator William K. De raal, Deputy County Attorney
EXHIBIT "A►"
LOT IN SW 1/4 OF SE 1/4 OF SW 1/4 209.00 - FT SQUARE AS IN D BK 23 PP 566
Parcel ID: #32-39-23-00000-5000-00014.0
Commonly known as: 2390 45th St, Vero Beach,.FL 32967
r M,
Prepared by and return to:
Jason Beal
Atlantic Coastal Land Title Company, LLC
855 21st Street
Suite C
Vero Beach, FL 32960
(772) 569-4364
File No 2020-5413
Parcel Identification No 32392300000500000014.0
W
3120200061992
RECORDED IN THE PUBLIC RECORDS OF
JEFFREY R SMITH, CLERK OF COURT
INDIAN RIVER COUNTY FL
BK: 3348 PG: 55 Page 1 of 4 10/15/2020 9:30 AM
D DOCTAX PD $99.40
Above This Line For Recording
WARRANTY DEED
(STATUTORY FORM — SECTION 689.02, F.S.)
This indenture made the 6th day of October, 2020 between Gene Perry, joined by his spouse, Iva J. Powell, and
Kenneth L. Johnson, whose post office address is 2390 45th Street, Vero Beach, FL 32967, of the County of Indian River, State of
Florida, Grantors, to Indian River County, a political subdivision of the State of Florida, whose post office address is 180127th
Street, Vero Beach, FL 32960, of the County of Indian River, State of Florida, Grantee:
Witnesseth, that said Grantors, for and in consideration of the sum of TEN DOLLARS (U.S.$10.00) and other good and
valuable considerations to. said Grantors in hand paid by said Grantee, the receipt whereof is hereby acknowledged, has granted,
bargained, and sold to the said Grantee, and Grantee's heirs and assigns forever, the following described land, situate, lying and being
in Indian River, Florida, to -wit:
Being a Parcel of land lying in Section 23, Township 32 South, Range 39 East, said Parcel also being a portion of a Tract of
land as recorded in Official Record Book 754, Page 2321 of the Public Records of Indian River County, Florida, said Parcel
being more particularly described as follows:
Commence at the intersection of the centerline of right of way of Old Dixie Highway as shown on the Old Dixie Highway
right of way map, per Plat Book 24, Page 81, of the Public Records of Indian River County, Florida, with the South line of
Section 23, Township 32 South, Range 39 East; thence South 89 degrees 46 minutes 13 seconds East, along the said South
line of Section 23, a distance of 52.31 feet; thence departing said South line, North 00 degrees 13 minutes 47 seconds East, a
distance of 25.00 feet to a point on the North right of way line of 46th Street (being a 50 foot wide right of way) as recorded
in Official Record Book 120, Page 573, Public Records of Indian River County, Florida, said point being the Point of
Beginning;
Thence North 89 degrees 46 minutes 13 seconds West, along said North right of way line (said right of way being 25.00 feet
North of and parallel with as measured at right angles to the South line of said Section 23) a distance of 25.00 feet to the East
right of way line of Old Dixie Highway (being a 66 foot wide right of way) as shown in Plat Book 24, Page 81 of said Public
Records; thence North 15 degrees 15 minutes 55 seconds West, along said East right of way line a distance of 8.45 feet to the
beginning of a tangent curve concave to the Southwest having a radius of 5762.58 feet; thence Northwesterly along the arc of
said curve and said East right of way line through a central angle of 00 degrees 09 minutes 52 seconds, a distance of 16.55
feet; thence departing said East right of way line, South 52 degrees 32 minutes 42 seconds East, a distance of 39.81 feet to the
said North right of way line of said 45th Street and the Point of Beginning.
Kenneth L. Johnson warrants that at the time of this conveyance, the subject property is not his homestead within the
meaning set forth in the constitution of the State of Florida, nor is it contiguous to or a part of a homestead property of said Kenneth L.
Johnson.
Together with all the tenements, hereditaments and appurtenances thereto belonging or in anywise appertaining.
Subject to taxes for 2020 and subsequent years, not yet due and payable; covenants, restrictions, easements, reservations and
limitations of record, if any.
TO HAVE AND TO HOLD the same in fee simple forever.
Warranty Deed
File No.: 2020-5413 Page 1 of 3 .
.r
And Grantors hereby covenant with the G antee that the Grantors are lawfully seized of said land in fee simple, that Grantors
have good right and lawful authority to sell and convey said land and that the Grantors hereby fully warrant the title to said land and
will defend the same against the lawful claims of all persons whomsoever.
In Witness Whereof, Grantors have hereunto set Grantors' hand and seal the day and year first above written.
Signed, sealed and delivered in our presence:
STATE OF FLORIDA
COUNTY OF INDIAN RIVER
Gene Perry CY
_ejx a�__
Kenneth L. r
hnson
The foregoing instrument was acknowledged before me by means of (-)"physical presence or () online notarization this �9 day of
October, 2020, by Gene Perry:
JASON A. BEAL
Notary Public • State of Florida
2024
Sign a of Notary u lic Commission N HH 012213
Print T e/Stam Name of Nota o, B My Comm. Expires Oct 11, Assn
YP P _ 4' ������� Bonded through National Notary Assn.
Personally Known: OR Produced Identification:
Type of Identification
Produced:
STATE OF FLORIDA
COUNTY OF INDIAN RIVER
The foregoing instrument was acknowledged before me by means of (,4hysical presence or () online notarization this C? day of
October, 2020, by Kenneth L Johnson.
Signature a otary Public
Print, Type/Stamp Name of Notary
Personally Known: OR Produced Identification: 4/
Type of Identification
Produced: /�%✓
Warranty Deed
File No.: 2020-5413
JASON A. BEAL
Notary Public
State of Florida
Commission k HH Ot22t"s
My Comm. _xoires Oct 11! 2 224
Bonded throng! Natioral Notary Assn.
Page 2 of 2
4
In Witness Whereof, Grantors have hereunto set Grantors' hand and seal the day and year first above written.
J5elivered in our presence: ;
K: Jf . Iva 7. Awely
Print Name:
STATE OF FLORIDA
COUNTY OF INDIAN RIVER
The foregoing instrument was acknowledged before me by means of (�ysical presence or O online notarization this 6th day of
October, 2020, by Iva J. Powell
Signature -66f Notary Public
Print, Type/Stamp Name of Notary
Personally Known: OR Produced Identification:
Type of Identification
Produced: Al—
•ussV /Je30N 1euoi3eN 45nay3 pepuog
4ZOZ ' L L 300 sajidx3 -wwo0 RW
ELZZLO HH # uolsslwwo) ,a
epuolj to a3els - 0il4nd ARION
1439 'V NOSVr
��a:'a�e: JASON A. BEAL
a°; �`: Notary Public State of Florida
9�g' Commission # HH 012213
of°` My Comm. Expires Oct 11, 2024
Bonded through National Notary Assn.
Warranty Deed
File No.: 2020-5413 Page 3 of 3
LEGAL DESCRIPTION. RIGHT OF WAY ACQUISITION
32•-39-23-ODOOD-5000-00014.0
PERRY, GENE (1/2) &
O.R.B. 754, PG 2321
I
32-39-23-00000•-5000-00019,0
AOP OF DELAWARE INC.
O.R.13: 2467, PC 15
ss�
ss, ?I POINT OF
BEGINNING RIGHT-OF-WAY UNE_
NORTH RIGHT-OF-WAY UNE
aas.�w; NM 45TH STREET
2500OD' ; (NORTH GIFFORD ROAD)
--NDO'13 4� E: 'Q
N; �a
25,00' 1
SOUTH UNE SECTION 23, T. 32 S., RGE. 39 E.
46113„E h _ NORTH UNE SECTION 2% T. 32 S., RGE, 39 E.
2,31 ; - rn S89'403 -E (BEARING BASE)
i
RIGHT -OF --WAY UNE
POINT OF Ca fI�OENgag
,a INTERSECTION OF CENTERLINE OF
RIGHT—OF-WAY OLD DIXIE HIGHWAY AND
rT NORTH LINE SECTION 26, T32S, RCE'39E
UNE
32-39-25-00000--3000--00003.0
QUALITY FRUIT PACKERS IR INC
O.R.B. 963, PG 2304
NOT PLAnlEID (IMPROVED)
RIVER COUNTY ADMINISTRATION BUILDING*�.//VL%1,4N f�'�f/E`R CCJUNTY DRAM Br:
1001 27th STREET j,; M*
VERO BEACH, FL 32960 A,PROM
(772) 557-8000 1 CmllaHBJ nd isinn n r
Legend and Abbreviations
COR CORNER
Co. = COMPANY
ESMT EASEMENT
L.L.C, = LIMITED LFAILITY COMPANY
L = ARC LENGTH
O.R.B. = OFFICIAL RECORDS BOOK
MAG = MAGNETIC
P.B. e PLAT BOOK
P.C. = POINTOF CURVATURE
P,I,D. = PARCEL IDENTIFICATION
P.O.B. = POINTOF BEGINNING
P.O.C. = POINrOF COMMENCEMENT
P.T. = POINT OF TANGENT
PROP = PROPERTY
P.S.M. = PROFESSIONAL SURVEYOR
ANDMAPPER
R = RADIUS
RGEE = RANGE
RAN RIGHTOFWAY
SEC = SECTION -TOWNSHIP -RANGE
D = CEENTRALANGLE
TWP= TOWNSHIP
GRAPHIC SCALE
40 0 40 80
IN FEET)
Intended display soale;
A Inch - 40 feet
THIS DRAWING DOCS NOT REPRESENT A OOUNDARY SURVEY
PREPARED FOR IND IAN RIVER COUNTY ENGINEERING DEPARTMENT
0-
r..
►�,� WESTCOR - POLICY NO.
LAND TITLE INSURANCE COMPANY OP-25-FL1394-10323514
OWNER'S POLICY OF TITLE INSURANCE
(with Florida Modifications)
ISSUED BY
WESTCOR LAND TITLE INSURANCE COMPANY
Any notice of claim and any other notice or statement in writing required to be given to the Company under this Policy
must be given to the Company at the address shown in Section 18 of the Conditions.
COVERED RISKS
SUBJECT TO .THE EXCLUSIONS FROM. COVERAGE, THE EXCEPTIONS FROM COVERAGE CONTAINED IN
SCHEDULE B, AND THE CONDITIONS, Westcor Land Title Insurance Company, a South Carolina corporation (the
"Company") insures, as of Date of Policy, against loss or damage, not exceeding the Amount of Insurance, sustained or
incurred by the Insured by reason of:
1. Title being vested other than as stated in Schedule A.
2. Any defect in or lien or encumbrance on the Title. This Covered Risk includes but is not limited to insurance against
loss from
(a) A defect in the Title caused by
(i) forgery, fraud, undue influence, duress, incompetency, incapacity, or impersonation;
(ii) failure of any person or Entity to have authorized a transfer or conveyance;
(iii) a document affecting Title not properly created, executed, witnessed, sealed, acknowledged, notarized, or
delivered;
(iv) failure to perform those acts necessary to create a document by electronic means authorized by law;
(v) a document executed under a falsified, expired, or otherwise invalid power of attorney;
(vi) a document not properly filed, recorded, or indexed in the Public Records including failure to perform those
acts by electronic means authorized by law; or
(vii) a defective judicial or administrative proceeding.
(b) The lien of real estate taxes or assessments imposed on the Title by a governmental authority due or payable, but
unpaid.
(c) Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be
disclosed by an accurate and complete land survey of the Land. The term "encroachment" includes encroachments
of existing improvements located on the Land onto adjoining land, and encroachments onto the Land of existing
improvements located on adjoining land.
3. Unmarketable Title.
COVERED RISKS CONTINUED ON NEXT PAGE
In Witness Whereof, WESTCOR LAND TITLE INSURANCE COMPANY, has caused this policy to be signed. and
sealed as of Date of Policy shown in Schedule A, the policy to become valid when countersigned by an authorized signa-
tory of the Company.
ANY
WE5TCOR LAND TITLE INSURANCE COMP
Issued By: FL1394 * 2020-5413
Atlantic Coastal Land Title Company, LLC QcOA
855 21st Street, Suite C�`o �''%., y y "1
Vero Beach, FL 32960 'q E LIQ, eside t
:oGtss3 z?��
Attest:
'Secretdry
OP -25 ALTA Owners Policy of Title Insurance 6-17-06 (with FLORIDA Modifications) (WLTIC Edition 12!1/17) Page 1
4. No right of access to and from the Land.
5. The violation or enforcement of any law, ordinance, permit, or governmental regulation (including those relating to building and zon-
ing) restricting, regulating, prohibiting, or relating to
(a) the occupancy, use, or enjoyment of the Land;
(b) the character, dimensions, or location of any improvement erected on the Land;
(c) the subdivision of land; or
(d) environmental protection
if a notice, describing any part of the Land, is recorded in the Public Records setting forth the violation or intention to enforce, but
only to the extent of the violation or enforcement referred to in that notice.
6. An enforcement action based on the exercise of a governmental police power not covered by Covered Risk 5 if a notice of the enforce-
ment action, describing any part of the Land, is recorded in the Public Records, but only to the extent of the enforcement referred to
in that notice.
7. The exercise of the rights of eminent domain if a notice of the exercise, describing any part of the Land, is recorded in the Public Records.
8. Any taking by a governmental body that has occurred and is binding on the rights of a purchaser for value without Knowledge.
9. Title being vested other than as stated in Schedule A or being defective
(a) as a result of the avoidance in whole or in part, or from a court order providing an alternative remedy, of a transfer of all or any
part of the title to or any interest in the Land occurring prior to the transaction vesting Title as shown in Schedule A because that
prior transfer constituted a fraudulent or preferential transfer under federal bankruptcy, state insolvency, or similar creditors' rights
laws; or
(b) because the instrument of transfer vesting Title as shown in Schedule A constitutes a preferential transfer under federal bankruptcy,
state insolvency, or similar creditors' rights laws by reason of the failure of its recording in the Public Records
(i) to be timely, or
(ii) to impart notice of its existence to a purchaser for value or to a judgment or lien creditor.
10. Any defect in or lien or encumbrance on the Title or other matter included in Covered Risks 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
of this policy, and the Company will not pay loss or damage, costs,
attorneys' fees, or expenses that arise by reason of.
1. (a) Any law, ordinance, permit, or governmental regulation
(including those relating to building and zoning) restricting, regulat-
ing, prohibiting, or relating to
(i) the occupancy, use, or enjoyment of the Land;
(ii) the character, dimensions, or location of any improve-
ment erected on the Land;
(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.
2. Rights of eminent domain. This Exclusion does not modify or
limit the coverage provided under Covered Risk 7 or 8.
3. Defects, liens, encumbrances, adverse claims, or other matters
(a) created, suffered, assumed, or agreed to by the Insured
Claimant;
(b) not Known to the Company, not recorded in the Public Re-
cords at Date of Policy, but Known to the Insured Claimant
and not disclosed in writing to the Company by the Insured
Claimant prior to the date the Insured Claimant became an
Insured under this policy;
(c) resulting in no loss or damage to the Insured Claimant;
(d) attaching or created subsequent to Date of Policy; or
(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.
5. Any lien on the Title for real estate taxes or assessments imposed
by governmental authority and created or attaching between
Date of Policy and the date of recording of the deed or other
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 terms when used in this policy mean:
(a) "Amount of Insurance": The amount stated in Schedule A, as
may be increased or decreased by endorsement to this policy,
increased by Section 8(b), or decreased by Sections 10 and 11
of these Conditions.
(b) "Date of Policy": The date designated as "Date of Policy" in
Schedule A.
(c) "Entity": A corporation, partnership, trust, limited liability
company, or other similar legal entity.
(d) "Insured": The Insured named in Schedule A.
(i) The term "Insured" also includes
(A) successors to the Title of the Insured by operation of
law as distinguished from purchase, including heirs,
devisees, survivors, personal representatives, or next
of kin;
(B) successors to an Insured by dissolution, merger, con-
solidation, distribution, or reorganization;
(C) successors to an Insured by its conversion to another
kind of Entity;
(D) a grantee of an Insured under a deed delivered without
payment of actual valuable consideration conveying the
Title
(1) if the stock, shares, memberships, or other equity
interests of the grantee are wholly-owned by the
named Insured,
(2) if the grantee wholly owns the named Insured,
(3) if the grantee is wholly-owned by an affiliated En-
tity of the named Insured, provided the affiliated
Entity and the named Insured are both wholly-
owned by the same person or Entity, or
(4) if the grantee is a trustee or beneficiary of a trust
created by a written instrument established by the
Insured named in Schedule A for estate planning
purposes.
(ii) With regard to (A), (B), (C); and (D) reserving, however, all
rights and defenses as to any successor that the Company
would have had against any predecessor Insured.
(e) "Insured Claimant": An Insured claiming loss or damage.
(f) "Knowledge" or "Known": Actual knowledge, not construc-
tive knowledge or notice that may be imputed to an Insured by
reason of the Public Records or any other records that impart
constructive notice of matters affecting the Title.
(g) "Land": The land described in Schedule A, and affixed improve-
ments that by law constitute real property. The tern "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-
riiy instrument, including one evidenced by electronic means
authorized bylaw.
(i) "Public Records": Records established under state statutes at
Date of Policy for the purpose of imparting constructive notice
of matters relating to real property to purchasers for value and
without Knowledge. With respect to Covered Risk 5(d), "Public
Records" shall also include environmental protection liens filed
in the records of the clerk of the United States District Court
for the district where the Land is located.
0) "Title": The estate or interest described in Schedule A.
(k) "Unmarketable Title": Title affected by an alleged or apparent
matter that would permit a prospective purchaser or lessee of
the Title or lender on the Title to be released from the obligation
to purchase, lease, or lend if there is a contractual condition
requiring delivery of marketable title.
2. CONTINUATION OF INSURANCE
The coverage of this policy shall continue in force as of Date of
Policy in favor of an Insured, but only so long as the Insured retains
an estate or interest in the Land, or holds an obligation secured by a
purchase money Mortgage given by a purchaser from the Insured,
or only so long as the Insured shall have liability by reason of war-
ranties in any transfer or conveyance of the Title. This policy shall
not continue in force in favor of any purchaser from the Insured
of either (i) an estate or interest in the Land, or (ii) an obligation
secured by a purchase money Mortgage given to the Insured.
3. NOTICE OF CLAIM TO BE GIVEN BY INSURED
CLAIMANT
The Insured shall notify the Company promptly in writing (i) in
case of any litigation as set forth in Section 5(a) of these Condi-
tions, (ii) in case Knowledge shall come to an Insured hereunder of
any claim of title or interest that is adverse to the Title, as insured,
and that might cause loss or damage for which the Company may
be liable by virtue of this policy, or (iii) if the Title, as insured, is
rejected as Unmarketable Title. If the Company is prejudiced by
the failure of the Insured Claimant to provide prompt notice, the
Company's liability to the Insured Claimant under the policy shall
be reduced to the extent of the prejudice.
4. PROOF OF .LOSS
In the event the Company is unable to determine the amount of loss
or damage, the Company may, at its option, require as a condition
of payment that the Insured Claimant furnish a signed proof of loss.
The proof of loss must describe the defect, lien, encumbrance, or
other matter insured against by this policy that constitutes the basis
of loss or damage and shall state, to the extent possible, the basis
of calculating the amount of the loss or damage.
5. DEFENSE AND PROSECUTION OF ACTIONS
(a) Upon written request by the Insured, and subject to the options
contained in Section 7 of these Conditions, the Company, at
its own cost and without unreasonable delay, shall provide for
the defense of an Insured in litigation in which any third party
asserts a claim covered by this policy adverse to the Insured.
This obligation is limited to only those stated causes of action
alleging matters insured against by this policy. The Company
shall have the right to select counsel of its choice (subject to the
right of the Insured to object for reasonable. cause) to represent
the Insured as to those stated causes of action. It shall not be
liable for and will not pay the fees of any other counsel. The
Company will not pay any fees, costs, or expenses incurred -by
the Insured in the defense of those causes of action that allege
matters not insured against by this policy.
(b) The Company shall have the right, in addition to the options
contained in Section 7 of these Conditions, at its own cost, to
institute and prosecute any action or proceeding or to do any
OP -25 ALTA Owners Policy of Title Insurance 6-17-06 (with FLORIDA Modifications) (WLTIC Edition 12/1/17) Page 3
CONDITIONS - CONTINUED
other act that in its opinion may be 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
be an admission 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 infonnation, or grant
permission to secure reasonably necessary infonnation 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
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.
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 terms or conditions contained
in those instruments that address subrogation rights.
14. ARBITRATION
Unless prohibited by applicable law, arbitration pursuant to the
Title Insurance Arbitration Rules of the American Arbitration As-
sociation may be demanded if agreed to by both the Company and
the Insured at the time of a controversy or claim. Arbitrable mat-
ters may include, but are not limited to, any controversy or claim
between the Company and the Insured arising out of or relating
to this policy, and service of the Company in connection with its
issuance or the breach of a policy provision or other obligation.
Arbitration pursuant to this policy and under the Rules in effect
on the date the demand for arbitration is made or, at the option of
the Insured, the Rules in effect at Date of Policy shall be binding
upon the parties. The award may include attorneys' fees only if
the laws of the state in which the Land is located permit a court
to award attorneys' fees to a prevailing party. Judgment upon the
award rendered by the Arbitrator(s) may be entered in any court
having jurisdiction thereof.
The law of the situs of the land shall apply to an arbitration under
the Title Insurance Arbitration Rules.
A copy of the Rules may be obtained fiom 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 terns 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 frill 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 tenns 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
WESTCOR LAND TITLE INSURANCE COMPANY
ALTA 6-17-06 OWNER'S POLICY (With Florida Modifications)
SCHEDULE A
Name and Address of Title Insurance Company: Westcor Land Title Insurance Company, 875 Concourse Parkway
South, Suite 200, Maitland, Florida 32751, Phone No.: (407) 629-5842.
State: FL
County: Indian River
Address Reference: 2390 45th Street, Vero Beach, FL 32967
File Number: Policy Number: Date of Policy: Premium: Amount of Insurance:
October 15, 2020 at
2020-5413 OP-25-FL1394- 9:30 AM or recording $100.00 $14,130.00
10323514 date of the insured
instrument, whichever
is later
1. Name of Insured:
Indian River County, a political subdivision of the State of Florida
2. The estate or interest in the Land that is insured by this policy is:
Fee Simple
3. Title is vested in:
Indian River County, a political subdivision of the State of Florida
4. The Land referred to in this policy is described as follows:
See Exhibit A attached hereto and made part hereof.
Issued By:
Atlantic Coastal Land Title Company, LLC
855 21st Street
Suite C
Vero Beach, FL 32960
Authorized Signatory
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 6/24/15)
s
WESTCOR LAND TITLE INSURANCE COMPANY
ALTA 6-17-06 OWNER'S POLICY With. Florida Modifications
SCHEDULE B
File #: 2020-5413
Policy #: OP-25-FL1394-10323514
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:
Exceptions:
1. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the public records or
attaching subsequent to the effective date but prior to the date the proposed Insured acquires for value of record the
estate or interest or mortgage thereon covered by this Commitment.
2. Rights or claims of parties in possession not shown by the Public Records.
3. 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.
4. Easements or claims of easements not shown by the Public Records.
5. Taxes or special assessments which are not shown as existing liens by the public records.
6. Taxes and assessments for the year 2020 and subsequent years, which are not yet due and payable.
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.
8. 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.
OP -25S / ALTA 6-17-06 Owner's Policy Schedule A and B (With Florida Modifications) (WLTIC Edition 6/24/15)
WESTCOR LAND TITLE INSURANCE COMPANY
ALTA 6-17-06 OWNER'S POLICY With Florida Modifications
EXHIBIT A
File No.: 2020-5413
Agent No.: FL1394
Policy No.: OP-25-FL1394-10323514
Being a Parcel of land lying in Section 23, Township 32 South, Range 39 East, said Parcel also being a portion of a Tract
of land as recorded in Official Record Book 754, Page 2321 of the Public Records of Indian River County, Florida, said
Parcel being more particularly described as follows:
Commence at the intersection of the centerline of right of way of Old Dixie Highway as shown on the Old Dixie Highway
right of way map, per Plat Book 24, Page 81, of the Public Records of Indian River County, Florida, with the South line of
Section 23, Township 32 South, Range 39 East; thence South 89 degrees 46 minutes 13 seconds East, along the said
South line of Section 23, a distance of 52.31 feet; thence departing said South line, North 00 degrees 13 minutes 47
seconds East, a distance of 25.00 feet to a point on the North right of way line of 46th Street (being a 50 foot wide right of
way) as recorded in Official Record Book 120, Page 573, Public Records of Indian River County, Florida, said point being
the Point of Beginning;
Thence North 89 degrees 46 minutes 13 seconds West, along said North right of way line (said right of way being 25.00
feet North of and parallel with as measured at right angles to the South line of said Section 23) a distance of 25.00 feet to
the East right of way line of Old Dixie Highway (being a 66 foot wide right of way) as shown in Plat Book 24, Page 81 of
said Public Records; thence North 15 degrees 15 minutes 55 seconds West, along said East right of way line a distance
of 8.45 feet to the beginning of a tangent curve concave to the Southwest having a radius of 5762.58 feet; thence
Northwesterly along the arc of said curve and said East right of way line through a central angle of 00 degrees 09 minutes
52 seconds, a distance of 16.55 feet; thence departing said East right of way line, South 52 degrees 32 minutes 42
seconds East, a distance of 39.81 feet to the said North right of way line of said 45th Street and the Point of Beginning.
.may
OP -6S / ALTA 6-17-06 Owner's Policy Exhibit A
AM[0.lCAN
Nle TITIf
(wLTIC Edition 4/3/14)
W J, p
Office Of Attorney's Matters 05/05/2020
INDIAN RIVER COUNTY
ATTORNEY
Dylan Reingold, County Attorney
William K DeBraal, Deputy County Attorney
Susan Prado, Assistant County Attorney
TO: Board of County Commissioners
THROUGH: Richard B. Szpyrka, P. E., Public Works Director
FROM: William K. DeBraal, Deputy County Attorney
DATE: April 30, 2020
SUBJECT: Approval of Agreement to Purchase and Sell with Gene Perry and
the Estate of Helen Johnson for 45th Street/US Highway 1
Intersection Improvements
The County has plans to improve the US Highway 1 - 45th Street intersection to include
an east bound right turn/through lane with a dedicated left turn lane. The boundaries of
the project extend westward on 45th Street approximately 300 feet west of the railroad
tracks and provide for an east bound right turn lane onto Old Dixie Highway and an east
bound left turn/through lane. Gene Perry and the Estate of Helen Johnson own the parcel
of property on the northeast corner of Old Dixie Highway and 45th Street as shown below
as Figure 1.
1, -U i.
Perry/Johnson 45th Street/US 1
April 30, 2020
Page 12
The property is 0.74 acres in size and is zoned IL, light industrial. Improvements to the
property include a 720 sq. ft. single family, wood frame home with two porches, one on
the front of the house and the other on the back.
In order to complete the improvement project, the County must acquire a 301 sq. ft. corner
clip (0.007 acres) from Mr. Perry and the Estate. The parcel needed is a 39.81' by 25' by
25' triangular shaped parcel on the southwest corner of the property. The part taken is
unimproved with no landscaping and will be used for a mast arm -signal. The sketch and
legal description are shown below as Figures 2 and 3.
LEGAL DESCRIPTION: RIGHT OF WAYACQUISITION
LegalDescriptlon Surveyors Notes
Boling . Pa" of IW Wg In S@doo 23,Town0h 32 South, Rang. 39 1) This cads snd Laps Desorption wa prepared whh The bernB of, Top wW* Sawy
EON, Bald parol.bo bdra s porUm d a Tract of W as mwrded In Official (Proled fvo.1366) prepared M oder, RlmrCouray Praaaul on au des 02m3f16
Raomd Book 754, Page 2321 of the Public Records of Indian RherCounty,
Florida, said Tal being none paNalsrt/ described as 6o6an:
Canrorl. N the Intersection of the Cadnita of RIahnofMY of Old Dente
Highway oa Moven. the Old DDde Highway Rprt-ol-Wry Map, per Piot
Book 24, Pa11. St. dths pubs. rworda d Indian RW County, F1mlda, with
tla South Me of Sad)on 23. Twmahlp 32 So^ Rage 39 East Thane
South 69.4617 Es: abrg nes W South gra Of Section 23. • dl.W' d
6231 bei; Then. MporWg sold Sou6L ire, Nom 00'13'47^ East, .
dMteno d25.00 bedtoaD^k on ids Neth I.---6. d46th Sheet
Pag..577, PdAa ecoNo of lndso Rver'eooNd t. said Rao � b-bg20,
Pa Poird d B.Onrdng;
Then. Nam 69446'13' Waal sting Said North Rght-o W M (sel0
RlghboNWry beteg 26A0 fest Mmth d sad puetla wM a meaurad.t rtjld
erg W b Oa Sash Ire daald Section 2� ■ dlW n. d 26.00 best b 6r,
East Rghwl-My the of Old Dbds Nlgtwry (Wn9. 66 fedwid.
Rlght•of-My) as shorn M Phi Book 24, Page 61 of laid Pubin Rotondo;
Then. Nom 16'1666' WSN, 010-0 said East R4M-d4ry to a distance,
of BAB hat to Oa Beglnnkg of a tan9antarw oon.ve to the South.ed
honing a rdbs d 678266 teat Tlrnc. Nodhweatary abnp tla w sold
awe W aid EoN F1ghFof-Wry W OsnorgA..ntN anpte of 00'09'd B.
dlstarso of 16.66 fast Thence deporting said East RgMaf-Wry In%S"
5Y324r Fast a dlateno d 3aal fast to the sold North Right-oSWay Ins
d sold 45111 Street and the POW of Beglndnp
ContathktQ 301 agate F.M. mens m bee
Laaend end Abbrevfallons
COR. CORNER -
iWJ•RIOHTOFWAY
Co.. COMPANY
SECS SECTIOWTOWhIMP•RANGE
Esmr-EASEMENT
D•CENTRALANGLE
LR.F.W.C.D.. INDIAN RIVER FARM$
P.B. B.. ST. LUCIE COUNTY PLAT BOOK
WATER CONTROL DISTRICT
PfD.• PARCEL IDENTIFICATION
O.R.B.. OMCIAL RECORDS BOOK
P.O.B.. POSIT OF BEGINNING
MAO. MAGNETIC
P.O.C. . POM OF COMMENCEMENT
PROP PROPERTY
P.T.•POINT OF TANGENT '
P.SAL PROFESSIONAL SURVEYOR
TWP.TON6ISHIP
AND MAPPER
R • RADIUS
RE-RANGE
.
2) This bpd deambgon shall not be void unless:
pU Provldd In Ite snt,* aonaisrng of2.h..ta, with sheet 2 shWft the
alelch Of go b9s1 desmlptlo.
(B) Roprodocllonsd the awptim sad aluotch are signed ab wad with
an ambo" wwsyoe. sea.
3) Bearings shown bweon sr, bud an U. Florida Vote Plane Coordinate
Syatam, As raMenad b nes Nam American Datum (NAD) 196354ueh.rd
d2011, FIaMa F.sst Ianr, sad w hutMr nbran.d b Ba Soots is d
S.cd.n 23 Tom * 32 Soots, Rang. 39 Eosl, sold Aro bears B -A 69'46'17 East.
Figure 2. Legal description of the right-of-way parcel.
Certification
(NdvsOd vRhodns. epnstura and alp)na
raised ua of a Rodds 6.naed Sun.yor and NIPP-4
'he" coaly stat the Slstah and logo Deuvlptlm dna �itV°N^ wd
desubad how" wu ompistd und.rmY dbeatbn ang4t W ispol Is
b.andwmdb6abWofmyknOwUdgeW"f: `it :l•': '%.,.
1 funher.Ny that Wes Studr W Description -rata tla 04' ln�Sr�l'.idaiia4l
standards for surveys W fats by ttrFbndl P"dwb�TqW'ellhoed dSMiybm and
Mappers bdupl f61-17.032 Mrd. AdmthWn6wgod pura.nit sogsoG
472.W Fbrldo State Stabeas.
s -c 1-
0 0 on
ROtees1W1aJBNTl3'Df .M Mapper
11krld. tNo.6139
'W' 'ku la
Perry/Johnson 45th Street/US 1
April 30, 2020
Page 13
LEGAL DESCRIPTION: RIGHT OF WAYACOUISITION
Legend and AbbreviatIpm
COR -CORNER
Ca•COMPANY
EBWT•EASEMENT
L.L.C. •LIMITED LIABILITY COMPANY
L. ARC LENGTH
r DF
O.R.B. • OFF] LAL RECORDS BOOK
I3T��7��
wo 15617 -OF -WAY IDS
MA6 •MAGNETIC
RIOR-°F-rAT t➢E
P.S. • PLAT BOOK
n-30-L3-B���-�4'0
T• COF t1n �'
Jx-JFttoO°o0-60o°-°°mS0
P.C.- POINT OF CURVATURE
QUIL . 751. PD h
AOP OF ORAWAJM 748E
6R6 1487. PC IC
PJ.D. • PARCEL IDENTIFICATION
P o a • PaNroF BEGINNING
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Figure 3. Sketch of Right-of-way parcel.
In order to arrive at a value for the property, the County obtained an appraisal from
Armfield and Wagner. The initial appraisal report established a value of the whole 0.74
acre parcel of $225,400, with the part to be taken valued at $2,100. The appraisal did
not include damages to the remainder parcel (severance). The County extended an offer
to purchase to Mr. Perry and the Estate. An updated appraisal came in slightly higher at
$245,500 for the whole parcel and $2,300 for the right-of-way needed.
After the offer was conveyed, staff was contacted by the firm of Neill Griffin from Ft.
Pierce, the attorneys representing Mr. Perry. Staff learned that Helen Johnson had
passed away and lived in Texas at the time of her death. This meant that her Estate
would have to be probated in the State where she was domiciled at the date of her death.
Probate of her Estate was necessary so the County could receive clear title to the needed
right-of-way.
The Personal Representative of the Estate, Kenneth Johnson, was represented by
Charles Holloman of Tampa, Florida. Mr. Perry and Mr. Johnson, through their attorneys,
offered to sell the right of way for $5,500 to be divided equally between the parties. The
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In order to arrive at a value for the property, the County obtained an appraisal from
Armfield and Wagner. The initial appraisal report established a value of the whole 0.74
acre parcel of $225,400, with the part to be taken valued at $2,100. The appraisal did
not include damages to the remainder parcel (severance). The County extended an offer
to purchase to Mr. Perry and the Estate. An updated appraisal came in slightly higher at
$245,500 for the whole parcel and $2,300 for the right-of-way needed.
After the offer was conveyed, staff was contacted by the firm of Neill Griffin from Ft.
Pierce, the attorneys representing Mr. Perry. Staff learned that Helen Johnson had
passed away and lived in Texas at the time of her death. This meant that her Estate
would have to be probated in the State where she was domiciled at the date of her death.
Probate of her Estate was necessary so the County could receive clear title to the needed
right-of-way.
The Personal Representative of the Estate, Kenneth Johnson, was represented by
Charles Holloman of Tampa, Florida. Mr. Perry and Mr. Johnson, through their attorneys,
offered to sell the right of way for $5,500 to be divided equally between the parties. The
=' Perry/Johnson 45th Street/US 1
April 30, 2020
Page 14
co-owners incurred appraisal costs of $6,605.00 and engineering costs of $1,950.00 in
engineering fees. Due to the size of the parcel and its rather low value, Florida Statutes
allows for an attorney to charge an hourly fee for his work rather than the usual
percentage of the benefit derived for the client. Mr. Neill is seeking $13,650 in fees and
costs based on 40.3 hours of work performed by himself and his associate, Mr. Osking.
t The attorney's fees have been reduced by almost $5,000. Mr. Holloman is asking for
$3,750 for his 12.5 hours of time spent representing the Estate. The Agreement for
Purchase and Sale of Real Estate is attached to this memorandum as Exhibit A. The
total cost of this acquisition to the County is $31,455. Continued negotiation of this matter
is not recommended by the County Attorney's Office as the attorneys and expert witness
fees will continue to increase without a corresponding benefit to the County.
The County Administrator does not support the attorney's fees and costs charged by Mr.
Neil and Mr. Osking due to the fact that they far exceed the amount of the purchase and
that they seem excessive relative to the amount of work necessitated by the purchase in
his opinion.
Funding: Funding for this expenditure is budgeted and available from Optional Sales
Tax/ROW/45th Street/left Turn Lane at US 1; Account # 31521441-066120-13013.
Recommendation: Staff recommends the Board approve the purchase and sale for the
right-of-way from Gene Perry and the Estate at a price of $31,455, inclusive of all fees
and costs and authorize the Chairman to execute any documents necessary to close the
purchase of the property.
Copies to: Richard Neill, Esq. Attorney for Gene Perry
Charles Holloman, Esq., Attorney for the Estate