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HomeMy WebLinkAbout2020-191AINDIAN RIVER COUNTY (hereafter Petitioner) Vs. BILLY W. and CHRITINE JACKSON (PARCEL 109) (hereafter Defendants) PRE -SUIT MEDIATION SETTLEMENT AGREEMENT The above named Petitioner and Defendants have reached the following agreements in full and complete resolution of the above styled pre -suit claim, which arises out of an eminent domain claim by the Petitioner against the property owned by the Defendants and located at 6805 66th Ave, Vero Beach FL 32967, (Hereafter "Parcel 109") the legal description of which is included on Exhibit A: 1. Within 30 days of the County Commission approving this Agreement as described herein, the Petitioner agrees to do the following: a. The Petitioner will pay to the Defendants the total sum of $220,000.00 (Two Hundred Twenty Thousand Dollars); and b. The Petitioner will convey to the Defendants clear title to the real property known as the remainder parcel from Parcel 112, the legal description of which is shown on exhibit B to this Agreement; and c. The Petitioner will pay the Defendants $48,000.00 (Forty Eight Thousand, Dollars) in attorney's fees, including any non -monetary claims for fees; and d. The Petitioner will pay Defendants $19,540.00 (Thirteen Thousand Dollars) in reimbursement for Defendants costs. 2. Within 30 days of the County Commission approving this Agreement as described herein, the Defendants agree to do the following: a. The Defendants will convey to the Petitioner clear title to the real property described as the "Right of Way Parcel" on Exhibit A. (Parcel 109 containing 0.48 acres +/-) 3. The Petitioner agrees to construct a 18' wide driveway from 66th Ave onto Parcel 109 and one on Parcel 112 during the planned 66th Avenue roadway widening project. Depending on the engineering requirements, the driveway may extend into Parcels 109 and 112, in which case Defendants agrees to give Petitioner a temporary construction easement or right of entry to construct the driveway. 4. The Defendants agree to assume all risk regarding any drainage issues on Parcels 109 and 112 resulting from the 66t-' Avenue roadway widening project. 5. This entire Agreement is subject to and contingent upon approval by the Indian River County Board of County Commissioners (Hereafter the Board). The Petitioner will put this Agreement on the agenda for the next available Board meeting and the County Staff will recommend Board approval of this Agreement. If the Board fails to approve this Agreement, then this entire Agreement is void. 6. Except as stated herein, all parties to this agreement further agree to bear their own costs and fees. 7. The Petitioner will pay the entire cost of the mediation. 8. This agreement is final and binding as of the date and time it is signed by or on behalf of the parties. 9. Other agreements: None Done and agreed to on this 15 lllBIW z"�K - aid WILLIAM K. DEB AAL, ES IRE Indian River County Attorney day of September, 2020 in Vero Beach, Florida. BILLY W. ACKSO Defendants/Representative V A"��4444- CHRISTINE 3ACKSOIN Defendant/Representative DAVID W. HOLLOWAY, ESQUIRE Attorney for Defendants H. RANDAL BRENNAN, MEDIATOR Mediator #:15632CR IN WITNESS WHEREOF, the Board has executed this Presuit Mediated Settlement Agreement as of the date approved below,........, BOARD OF COUNTY COMMIS INDIl,N-RIVE'R COUNTY, FJZ Adams, Chairman BCC Approved: September 15, 2020 Attest: Jeffrey R. Smith, Clerk of Court and Comptroller By: Deputy Clerk Approved as to form and legal sufficiency ww'X4W William K. DeBraal Deputy County Attorney Approved: By - Jason E. Bro n County dinnistrator jEXHIBIT "'A r 32390700001001000004,0 N ORB 432, PG 479 N INDIAN RIVER FARMS CO, PLAT BOOK 2, PAGE 25 (ST, LUCIE) W E S 0 lOD' 200' GRAPMC SCALE 100' In�� SCR�_N RI I OF WAY PARCEL 50' PARCEL 10f 20,708 SQ.F 01I.48 A RES 46'-t zl Q': THE EAST 156.00 FEET OF THE FOLLOWING DESCRIBED PARCEL AS RECORDED 1N OFFICIAL RECORDS BOOK 432, PAGE 479, PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA. THE SOUTH 132 FEET OF THE NORTH 10 ACRES OF THE EAST 20 ACRES OF TRACT 1, SECTION 7, TOWNSHIP 32 SOUTH, RANGE 39 EAST, AS SAME IS DESIGNATED ON THE LAST GENERAL PLAT" OF LANDS OF THE INDIAN RIVER FARMS COMPANY, FILED IN THE OFFICE OF THE CIRCUIT COURT OF ST. LUCIE COUNTY, FLORIDA, IN PLAT BOOK 2. PACE 25, SAID LANDS NOW LYING AND BEING IN INDIAN RIVER COUNTY, FLORIDA. CONTAINING 2O,708 SQUARE FEET OR 0.46 ACRES, MORE OR LESS SURVEYORS NOTES 66TH A VEIVUE PAHULL 709 1) THIS IS A SKETCH OF LEGAL DESCRIPTION ONLY, NOT A BOUNDARY RETRACEMENT SURVEY, 2) THE BEARING BASE FOR THIS SURVEY, IS THE EAST UNE OF SECTION 7. SAID LINE BEARS NORTH 00'00'25" EAST. 3) THE SCALE OF THIS DRAWING MAY HAVE BEEN DISTORTED DURING REPRODUCTION PROCESSES. 4) THIS LEGAL DESCRIPTION AND SKETCH IS BASED ON THE PRELIMINARY RIGHT OF WAY MAP FOR 65TH AVENUE PREPARED BY BUROETTE AND ASSOCIATES, DATED 10-10-06, AS DIRECTED BY INDIAN RIVER COUNTY. FLORIDA. LEGEND SECTION LINE - — EASEMENT LINE PROPERTY LINE �- — PROPOSED RIGHT OF WAY PARCEL RIGHT OF WAY LINE P.0 C. POINT OF COMMENCEMENT P.O.B. POINT OF BEGINNING R/W RIGHT OF WAY ORB OFFICIAL RECORDS BOOK PG PAGE nlF-TRUSTEES OF THE INTERNAL IMPROVEMENT FUND (MURPHY RESERVATION) Th/s certlpas that a leg./ doacrfptfm and .ketch of the property shown hereon wos made under my supervision and thot thfs legal description and sketch meets the vtondardv of practice set forth by the Florfda Boord of Profess/ona! Surveyors and Mappers fn Chapter S./-17, f7crida Ad—lhfatrotfve Coda pufs.or,f to Saotron 472.027, Florida Statutes, and that this crowing is a true and occurata reprosen Lotion thereof to the best of my knorrlodge and bs//e f, Subject to notes and nviot/ons shown hereon. c.^. C . C.C. OERCMH, P.Snf, NO. 017.7 DATE: P—l3-17 Not volfd wlthout the sIgnatula and tha orfglnai raised sea/ of a Aorfda 11--d surveyor and mapper. . Kimsey �jo i HDI�E' LEGAL DESCRIPTION AND SKETCH OF«aQ�,r w„PARCEL1091 OF 1 e�n INDIAN RIVER COUNTY, FLORIDA wnarau<Ev-waoamr Sketch and Legal Description for: INDIAN RIVER COUNTY Legal Description THE NORTH 10 ACRES OF THE EAST 20 ACRES OF TRACT 1, SECTION 7, TOWNSHIP 32 SOUTH, RANGE 39 EAST; (LESS THE SOUTH 396.00 FEET THEREOF; AND LESS THE NORTH 264.00 FEET OF THE WEST 150.00 FEET THEREOF; ALSO LESS CANAL AND ROAD RIGHT OF WAY); ACCORDING TO THE LAST GENERAL PLAT OF LANDS OF THE INDIAN RIVER FARMS COMPANY SUBDIVISION, RECORDED IN PLAT BOOK 2, PAGE 25, OF THE PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA; SAID LANDS NOW LYING AND BEING IN INDIAN RIVER COUNTY, FLORIDA. ALSO LESS AND EXCEPT: THE EAST 156.0 FEET THEREOF. CONTAINING 83,800 SQUARE FEET (1.92 ACRES), MORE OR LESS Surveyor's Notes 1). This Sketch and Legal Description was prepared with the benefit of a Boundary Survey prepared by the Indian River County Public Works Department - Survey Section, Job No. 1505, Dated May 21, 2018. Together with the Last General Plat of the Lands of the Indian River Farms Company Subdivision, Recorded in Plat Book 2, Page 25, Public Records of St. Lucie (now Indian River County), Florida. 2).This legal description shall not be valid unless: (a) Provided in its entirety consisting of 2 sheets , with sheet 2 showing the sketch of the description. (b) Reproductions of the description and sketch are not valid unless signed and sealed with an embossed surveyors seal. Legend and Abbreviations C. R. = COUNTY ROAD I.R.F.W.C.D. = INDIAN RIVER FARMS WATER CONTROL DISTRICT L = LENGTH OF ARC LLC = LIMITED LIABILITY COMPANY O.R.B. = OFFICIAL RECORD BOOK (P) = PLAT P. B. = PLAT BOOK PGE =PAGE PBS = PLAT BOOK ST. LUCIE 0 =DELTA ANGLE SQ. FT. = SQUARE FEET R = RANGE R/W = RIGHT-OF-WAY T = TOWNSHIP This is not a Boundary Su INDIAN RIVER PUBLIC WORKS DEPT DATE: DRAWN BY: 10/02/2020 SCALE: APPROVED N A EET: OB NO: 1 OF 2 Certifirnfinn (NOT VALID WITHOUT THE SIGNATURE AND ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER) I HEREBY CERTIFY THAT THE SKETCH AND LEGAL DESCRIPTION OF THE PROPERTY SHOWN AND DESCRIBED HEREON WAS COMPLETED UNDER MY DIRECTION AND SAID SKETCH AND LEGAL IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE AND BELIEF. I FURTHER CERTIFY THAT THIS SKETCH AND DESCRIPTION MEETS THE STANDARDS OF PRACTICE FOR SURVEYS SET FORTH BY THE FLORIDA PROFESSIONAL BOARD OF SURVEYORS AND MAPPERS IN CHAPTER 5J-17.052 FLORIDA ADMINISTRATIVE CODE, PURSUANT TO SECTION 472.027 FLORIDA STATE STATUTES. DATE OF SIGNATURE DAVID W. SCHRYVER, P.S.M. PROFESSIONAL SURVEYOR AND MAPPER FLORIDA CERTIFICATE NO. 4864 COUNTY, FL Sketch and Legal Description ENGINEERING DIV. for: 3Y. R. INGLETT INDIAN RIVER COUNTY D. SCHRYVER (6875 66th AVENUE) Sketch and Legal Description for: INDIAN RIVER COUNTY NORTHEAST RIGHT OF WAY LINE CORNER ECTION 7 69th Street M ; 6 NORTH LINE OF THE SECTION 7-32-39 AND TRACT L INDIAN RIVER FARMS WATER CONTROL DISTRICT SUB -LATERAL A-13 CANAL RIGHT OF WAY LINE A �• Indian River arms ompany/ (PBTract 1 / S 2, PGE 25) / Lal N Q 00 ¢ i 32-39-07-00001-0010-00001.( w 00 � N z INDIAN RIVER COUNTY I w coN ° ; SITE ADDRESS: 6875 66TH AVE 0 to N vi i O.R.B. 2543, PG 856 0 0 '00- L� N I zea N oa ..� � W o � O 83,800 SQ. FT./ i. 0 Y Q o i (1.92 ACRES±) Wn N i 45' Z U) ' i LESS -WEST 150' 110' ----------------- C, ' 7 M ---50--- In 0 ^ I LESS THE EAST 156' Z ) 0 -------------------------------��, M I � n = z I 0 o z tL = Z m 0 LaJ En w NnT TO R( AI F ENCY: INDIAN RIVER COUNTY, FL PUBLIC WORKS DEPT./ENGINEERING DIV. 10/02/20201 R. INGLETT ii'ii N/A D. SCHRYVER HEET: OB N0: 2 OF 2 1r1nR 0) 0) r -l - D (D C (D m SDI oU) Z -i vZ �m oO =m 1-10 Z N0 �I om cml D (AI 8 _ CL 0 50'=3 (D r� o a rn 3 co D p LTJ U) PGE. r+ PBS = PLAT BOOK ST, LUCIE A n� SQ. FT. = SQUARE FEET r+ 50' 50' = RIGHT-OF-WAY rni n, = TOWNSHIP 32-39-07-00001-0010-00002.0 JOHN JACKSON JR. rn i SITE ADDRESS: 6855 66TH AVE N O.R.B. 3294, PG 2060 +i SOUTH LINE OF THE NORTH 10 ACRES OF TRACT 1 Legend and Abbreviations C.R. = COUNTY ROAD I.R.F.W.C.D. = INDIAN RIVER FARMS WATER CONTROL DISTRICT L = LENGTH OF ARC LLC = LIMITED LIABILITY COMPANY O.R.B. = OFFICIAL RECORD BOOK his is not a Boundary Survey (P) = PLAT ENCY: INDIAN RIVER COUNTY, FL PUBLIC WORKS DEPT./ENGINEERING DIV. 10/02/20201 R. INGLETT ii'ii N/A D. SCHRYVER HEET: OB N0: 2 OF 2 1r1nR 0) 0) r -l - D (D C (D m SDI oU) Z -i vZ �m oO =m 1-10 Z N0 �I om cml D (AI 8 _ CL 0 50'=3 (D r� o a rn 3 co D p LTJ P.B. U) PGE. r+ PBS = PLAT BOOK ST, LUCIE A n� SQ. FT. = SQUARE FEET r+ 50' 50' P.B. = PLAT BOOK PGE. = PAGE PBS = PLAT BOOK ST, LUCIE A =DELTA ANGLE SQ. FT. = SQUARE FEET R = RANGE RNV = RIGHT-OF-WAY T = TOWNSHIP Sketch and Legal Description for: (6875 66th AVENUE) A TRUE COPY Prepared by: CERTIFICATION ON LAST PAGE Office of County Attorney J.R. SMITH, CLERK Indian River County 1801 27th Street Vero Beach, FL 32960 772-226-1425 COUNTY DEED INDIAN RIVER COUNTY, FLORIDA THIS DEED, made this 17th day of November, 2020, by INDIAN RIVER COUNTY, FLORIDA, a political subdivision of the State of Florida, party of the first part, whose mailing address is 1801 27th Street, Vero Beach, Florida 32960, and BILLY W. JACKSON AND CHRISTINE JACKSON, husband and wife, party of the second part, whose mailing address is 6805 66th Avenue, Vero Beach, Florida, 32966. WITNESSETH that the said party of the first part, for and in consideration of the sum of Ten Dollars ($10.00) to it in hand paid by the party of the second part, receipt whereof is hereby acknowledged, has granted, bargained and sold to the party of the second part, its successors and assigns forever, the following described property in "as is, where is" condition, with no warranties express or implied, lying and being in Indian River County, Florida: See Exhibit "A" attached hereto and made a part hereof. IN WITNESS WHEREOF the said party of the first part has caused these presents to be executed in its name by its Board of County Commissioners, acting by the Chairman of said Board, the day and year aforesaid. Attest: Jeffrey R. Smith, Clerk of Court and Coryiptroller By-- -- ' 1� Deputy Clerk Approved as to form and Legal Sufficiency: as— William K. DeBraal Deputy County Attorney INDIAN RIVER COUNTY, FLORI By its Board of County Commissi N;l y c 0,11 s�,9 �ers,�� / s,�✓,' ChairmaUiiri,�° BCC approved: September 15, 2020 (Official Seal) Sketch and Legal Description for: INDIAN RIVERR�iKtNTY Legal Description THE NORTH 10 ACRES OF THE EAST 20 ACRES OF TRACT 1, SECTION 7, TOWNSHIP 32 SOUTH, RANGE 39 EAST; (LESS THE SOUTH 396.00 FEET THEREOF; AND LESS THE NORTH 264.00 FEET OF THE WEST 150.00 FEET THEREOF; ALSO LESS CANAL AND ROAD RIGHT OF WAY); ACCORDING TO THE LAST GENERAL PLAT OF LANDS OF THE INDIAN RIVER FARMS COMPANY SUBDIVISION, RECORDED IN PLAT BOOK 2, PAGE 25, OF THE PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA; SAID LANDS NOW LYING AND BEING IN INDIAN RIVER COUNTY, FLORIDA. ALSO LESS AND EXCEPT: THE EAST 156.0 FEET THEREOF. CONTAINING 83,800 SQUARE FEET (1.92 ACRES), MORE OR LESS Surveyor's Notes 1). This Sketch and Legal Description was prepared with the benefit of a Boundary Survey prepared by the Indian River County Public Works Department - Survey Section, Job No. 1505, Dated May 21, 2018. Together with the Last General Plat of the Lands of the Indian River Farms Company Subdivision, Recorded in Plat Book 2, Page 25, Public Records of St. Lucie (now Indian River County), Florida. 2).This legal description shall not be valid unless: (a) Provided in its entirety consisting of 2 sheets , with sheet 2 showing the sketch of the description. (b) Reproductions of the description and sketch are not valid unless signed and sealed with an embossed surveyor's seal. Legend and Abbreviations C. R. = COUNTY ROAD I.R.F.W.C.D. = INDIAN RIVER FARMS WATER CONTROL DISTRICT L = LENGTH OF ARC LLC = LIMITED LIABILITY COMPANY O.R.B. = OFFICIAL RECORD BOOK (P) = PLAT P. B. = PLAT BOOK PGE =PAGE PBS = PLAT BOOK ST. LUCIE A =DELTA ANGLE SQ. FT. = SQUARE FEET R = RANGE RNV = RIGHT-OF-WAY T = TOWNSHIP This is not a Boundary Su AGENCY: Certification (NOT VALID WITHOUT THE SIGNATURE AND ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER) I HEREBY CERTIFY THAT THE SKETCH AND LEGAL DESCRIPTION OF THE PROPERTY SHOWN AND DESCRIBED HEREON WAS COMPLETED UNDER MY DIRECTION AND SAID SKETCH AND LEGAL IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE AND BELIEF. I FURTHER CERTIFY THAT THIS SKETCH AND DESCRIPTION MEETS THE STANDARDS OF PRACTICE FOR SURVEYS SET FORTH BY THE FLORIDA PROFESSIONAL BOARD OF SURVEYORS AND MAPPERS IN CHAPTER 5J-17.052 FLO IDA ADMINISTRATIVE CODE, PURSUANT TO SECTION 472.027 FLORIDA STATE STAT T S. DATE OF SIGNATURE A I4RWER P.S.M. PROFESSIONAL SURVE AND MAPPER FLORIDA CERTIFICATE NO. 4864 INDIAN RIVER COUNTY, FL PUBLIC WORKS DEPT. ENGINEERING DIV. DATE: DRAWN BY: 10/02/2020 R. INGLETT SCALE: APPROVED BY: N/A D. SCHRYVER LL 1: OB NO: 1 OF 2 r 1505 Sketch and Legal Description for: INDIAN RIVER COUNTY (6875 66th AVENUE) Sketch and Legal Description for: INDIAN RIVER COUNTY RIGHT OF WAY LINE 69th Street M NORTH LINE OF THE SECTION 7-32-39 AND TRACT LI INDIAN RIVER FARMS WATER CONTROL DISTRICT SUB -LATERAL A-13 CANAL RIGHT OF WAY LINE Indian 'River arms 0mpany/ Tract 1 / (PBS 2, PGE 25) / I i Q � Lil N ! a a i 32-39-07-00001-0010-00001.1 w o a z INDIAN RIVER COUNTY I wSITE ADDRESS: 6875 66TH AVE a N w I O.R.B. 2543, PG 856 0o�a Ji N Z � I a oir� w wGi83,800 SQ. T. w Q o i (1.92 ACRES±) 0 z n N i 345' J- F 1 � 1 I I LESS -WEST 150'-- / ----------------- D NORTHEAST CORNER ECTION 7 5 10; 7 I 8 —+�---50,--- n r Z 0 9 STATE V CLVER LORI AA �p I INDIAN CO I• = PLAT BOOK PGE. � I PBS LESS THE EAST 156'1 -----------------------0 I zn M SQ. FT.= SQUARE FEET 0 2 z 1 0 o 32-39-07-00001-0010-00002.0 D r tL N Z m 0 JOHN JACKSON JR. SITE ADDRESS: 6855 66TH AVE I V) w z OFFICE. I- rn � NOT TO SCALE STATE V CLVER LORI AA �p I INDIAN CO I• w I BY i — — SOUTH LINE OF THE NORTH 10 ACRES OF TRACT 1 Legend and Abbreviations C.R. = COUNTY ROAD I.R.F.W.C.D. = INDIAN RIVER FARMS WATER CONTROL DISTRICT L = LENGTH OF ARC LLC = LIMITED LIABILITY COMPANY O.R.B. = OFFICIAL RECORD BOOK his is not a Boundary Survey (P) = PLAT AGENCY: INDIAN RIVER PUBLIC WORKS DEPT DATE: DRAWN BY: 10/02/2020 SCALE: APPROVED N/A EET: �OB 2 OF 2 rn S (D C 0 TY w M � D o� Z v Z �m 0 z� =m C4 z N O 0 =m CDI__-IN . AI SOI D z Z rr7 mp Mrl 50' CERTI TftATTFIT8' JD COR ECT COPY 0 INAL O FILE IN THIS 'FRE)d%8' U i`sR�o/ P.B. = PLAT BOOK PGE. � I PBS = PLAT BOOK ST. LUCIE A =DELTA ANGLE SQ. FT.= SQUARE FEET ` = RANGE RAW THIS IS T 32-39-07-00001-0010-00002.0 ' Si A TRUE ; THE ORI JOHN JACKSON JR. SITE ADDRESS: 6855 66TH AVE I V) OFFICE. O.R.B. 3294, PG 2060 w I d I w I BY i — — SOUTH LINE OF THE NORTH 10 ACRES OF TRACT 1 Legend and Abbreviations C.R. = COUNTY ROAD I.R.F.W.C.D. = INDIAN RIVER FARMS WATER CONTROL DISTRICT L = LENGTH OF ARC LLC = LIMITED LIABILITY COMPANY O.R.B. = OFFICIAL RECORD BOOK his is not a Boundary Survey (P) = PLAT AGENCY: INDIAN RIVER PUBLIC WORKS DEPT DATE: DRAWN BY: 10/02/2020 SCALE: APPROVED N/A EET: �OB 2 OF 2 rn S (D C 0 TY w M � D o� Z v Z �m 0 z� =m C4 z N O 0 =m CDI__-IN . AI SOI D z Z rr7 mp Mrl 50' CERTI TftATTFIT8' JD COR ECT COPY 0 INAL O FILE IN THIS 'FRE)d%8' U i`sR�o/ P.B. = PLAT BOOK PGE. =PAGE PBS = PLAT BOOK ST. LUCIE A =DELTA ANGLE SQ. FT.= SQUARE FEET R = RANGE RAW = RIGHT-OF-WAY T = TOWNSHIP Q_ 50' Z 0 I r -rl Q Q (D 3 Q � 50' Lei COUNW, FL Sketch and Legal Description /ENGINEERING DIV. g p R. INGLETT for: ;Y: D. SCHRYVER INDIAN RIVER COUNTY 1505 1 (6875 66th AVENUE)