The URL can be used to link to this page

Home My WebLink About2021-023CAGREEMENT AGREEMENT made this 9th day of February , 2021, by and between the Board of County Commissioners of Indian River County, Florida (hereinafter "COUNTY") and Steve Martin and Terrianne Martin, husband and wife (hereinafter "OWNERS"). WHEREAS, COUNTY is in the process of acquiring certain lands necessary for the widening and improvement of 66th Avenue as well as lands necessary to make improvements on intersecting side streets such as 65th Street; and WHEREAS, OWNERS own certain real property abutting 65th Street; and WHEREAS, a portion of the lands owned by OWNERS (herein designated as Parcel 304) are necessary for the COUNTY to make its planned improvements to 65th Street; and WHEREAS, the COUNTY and OWNERS desire to amicably resolve all issues related to the acquisition of Parcel 304 by COUNTY on the following terms and conditions. NOW, THEREFORE, COUNTY and OWNERS agree as follows: 1. The above -referenced recitals are true and correct and incorporated herein by reference. 2. Within twenty (20) days from the date of approval of this Agreement by the Indian River County Board of County Commissioners, OWNERS shall convey to COUNTY, by Warranty Deed, the parcel designated as Parcel 304 as legally described in attached Exhibit A. Ad valorem real estate taxes for Parcels 304 shall be prorated as of the date of closing. Non -ad valorem taxes shall be paid in full by the OWNERS. 3. OWNERS shall convey marketable title to Parcel 304 to COUNTY free and clear of any mortgages, liens or other encumbrances of any nature. OWNERS shall obtain partial releases of mortgage and such other documents as may be necessary in order to convey free and clear title to COUNTY. 4. Upon delivery of the above -referenced Warranty Deed and in consideration for the conveyance, COUNTY shall: a. Make payment to OWNERS in the amount of $27,500 for Parcel 304 less prorated taxes and assessments. b. Make payment to OWNERS in the amount of $11,267.00 in reimbursement for attorney's fees, expert costs and other costs and expenses of any nature. 1 N' AGREEMENT AGREEMENT made this 9th day of February . 2021, by and between the Board of County Commissioners of Indian River County, Florida (hereinafter "COUNTY") and Steve Martin and Terrianne Martin, husband and wife (hereinafter, "OWNERS") WHEREAS, COUNTY is in the process of acquiring certain lands necessary for the widening and improvement of 6e Avenue as well as lands necessary to make improvements on intersecting side streets such as 6e Street; and WHEREAS, OWNERS own certain real property abutting 65th Street; and WHEREAS, a portion of the lands owned by OWNERS (herein designated as Parcel 304) = are necessary for the COUNTY to make its planned improvements to 65th Street; and WHEREAS, the COUNTY and OWNERS desire to amicably resolve all issues related to the acquisition of Parcel 304 by COUNTY on the following terms and conditions:' NOW, THEREFORE, COUNTY and OWNERS agree as follows: 1. The above -referenced recitals are true and correct and incorporated herein by reference. 2. Within twenty (20) days from the date of approval of this Agreement by the Indian River County Board of County Commissions, OWNERS shall convey to COUNTY, by, Warranty Deed, the parcel designated as Parcel 304 as legally described in attached Exhibit A. Ad valorem real estate taxes for Parcel 304 shall be prorated as of the date of closing. Non -ad valorem taxes shall be paid in full by the OWNERS. 3. OWNERS shall convey marketable title to Parcel 304 to COUNTY free and clear of any mortgages, liens or other encumbrances of any nature. OWNERS shall obtain partial releases of mortgage and such other documents as may be necessary in order.to convey _ free and clear title to COUNTY. 4. Upon delivery of the above -referenced Warranty Deed and in consideration for the conveyance, COUNTY shall: S. Make payment to OWNERS in the amount of $27,500 for Parcel 304 less prorated taxes and assessments. I- - - ._" - - b. Make payment to OWNERS in the amount of $11,267.00 in reimbursement for attorney's fees, expert costs and other costs and expenses of any nature. C. At the time of construction of the 65' Street improvements by COUNTY, COUNTY shall install a 20 feet wide concrete driveway and culvert with Mitered end as depicted on the 65th Street Plan and Profile sheet attached as Exhibit B. d. At the time of commencement of the 65th Street improvements by COUNTY, COUNTY shall stake the new right-of-way/property line so that OWNERS may install a new fence and gate at the new south property line. OWNERS shall be fully responsible for all costs and expenses of the installation of the new fence ' and gate. e. OWNERS shall seek no other compensation or payment of any nature from COUNTY arising from or related to the acquisition of the lands subject to this Agreement. COUNTY shall be responsible for recording costs and documentary stamps, if any, due concerning the above conveyance. 5. This Agreement is subject to and contingent upon approval of the Board -of County Commissioners of Indian River County. In the event such approval is not obtained, this Agreement shall be null and void and shall not be admissible in evidence in any Court proceedings p to COUNTY'S acquisition of Parcel 304. DA on the day and ye hove written. Terrianne Martin, OWNER Steve Martin, OWNER Approved as to form and Legal Sufficiency see counterpart Mickey Barkett Attorney for the OWNERS,. BOARD OF COUNTY CONMSSIONERS INDIAN RIVER COUNTY, FLORIDA BY: see counterpart; Joseph E. Flescher, Chairman BCC Appmved: -February-9, 2021 Attest: Jeffrey R. Smith, Clerk of Court and Comptroller By: see counterpart Deputy Clerk Approved as to form and legal sufficiency see counterpart William K. DeBraal Deputy County Attorney Approved: By see counterpart Jason E. Brown County Administrator 2 BOARD OF COUNTY COMMISSIONERS °"'cowarYco�;••� INDIAN RIVER COUNTY, FLORIDA `rs CC Approved: February (), 2021 Attest: Jeffrey R. Smith, Clerk of Court and Comptroller UO�L V Deputy Clerk Approved as to form and legal sufficiency William K. Debra -al Deputy County Attorney By Jas( Col 3 �(%jy�l; •fL N W -E S TRACT 7 EXHIBIT A D I g�,TIAI RIGHT OF WA7 PARCEL Off ey 14, THE NORTH 50.00 FEET OF THE SOUTH BD FEET OF THE FOtJ_0wmG DESCRIBED PARCEL AS STATE OF I FLORIDA I c IN OFFICIAL RECORDS BOOK 154% PAGE 123% PUBLIC RECORDS OF INDIAN ROVERCOUNTY ' ED DA.a — — EASEMENT UNE a --THE PROPERTY UNE # (J THE EAST ONE-HALF OF EAST 20.46 ACRES OF TRACT 7 SECTION 7, TOWNSHIP 32 SOUTH. RANG 39 EAST INDIAN RIVER FARMS COMPANY. ACCORDING f0 THE UAP OR PLAT THEREOF AS "r .r`e'.-ft n"m &a t, f,.°d°"'t R°'"' ay'°' f"am' �uf f d fiemu 4 mRECORDED IN PLAT BOOK 2. PAGE 25. PUBLIC RECORDS OF ST. WC1E COUNTY. FLORIDA; SAIb Ad h b 0.4 S. w 47 AmJ,6boq.. aaa Pmt m S.ctia. 176.077, NaAls se.memc me . ft*:b mb — — -RIGHT OF WAY UNE LANDS NOW SITUATE. LYING AND BEING IN INDIAN RIVER COUNTY. FLORIDA P.O.C.-POINT Z CONTAINING 16.376, SQUARE FEET OR 03B ACRES. MORE OR LESS. PARCET.3" — — _TRACTQT�V _ 00_- 16.= SO.". . 0.38 ACRES 0 . 2W 400 GPAPHICSCAiF2W ��1fL i(�J.�` ► (�71 Y �� 11 THIS IS A SKETCH OF LEGAL DESCRIPTION ONLY, NOT A BOUNDARY RETRACEMENT SURVEY_ 2) THE BEARING BASE FOR THIS SURVEY, IS THE WEST UNE OF SECTION S. SAID UNE BEARS NORTH 00'00725' EAST. 3) THE SCALE OF THIS DRAWING MAY HAVE BEEN DISTORTED DURING REPRODUCTION PROCESSES 4) THIS DRAWING IS BASED ON THE PRELDMINARY RIGHT OF WAY MAP FOR 66TH AVENUE PREPARED BY BURDFm AND ASSOCIATES, DATED 10-10-06, DIRECTED BY INDIAN RIVER COUNTY, FLORIDA. l I TRACT INDIAN"RIVER FARMS CO. PLAT BOOK 2 GE 25 . (ST &PES Ig o 0 0 I I EAST QUARTER CORNER SECTION 7 - CALCULATED� PROPOSED RIGHT CF WAY �T SOU LINE N.E OUARIER OF SECTION 7 - - 66TH AVE BA�� FO//OW�yT SQ WIDE R PQtY BB53D-225oMAP C� Y RIW UNE �I I sw I I �—ztmt�W - _�� Cr pD�AiET��I SITP LE AS ey STATE OF I FLORIDA SECTION UNE I tF�g�a `1 — — EASEMENT UNE mer awwr . eme S ft d eear1 mJ — PROPERTY UNE �� AM& +� oV and L" 01. byd�' e�cytb,' -- PROPOSED RIGHT OF WAY "r .r`e'.-ft n"m &a t, f,.°d°"'t R°'"' ay'°' f"am' �uf f d fiemu DEDICATION Ad h b 0.4 S. w 47 AmJ,6boq.. aaa Pmt m S.ctia. 176.077, NaAls se.memc me . ft*:b mb — — -RIGHT OF WAY UNE tba WN a—" b . bo. od _.W. r.pe" Wim tllvm/ m we P.O.C.-POINT OF COMMENCEMENT Oast of mr aort.da. mid L.Pr! Sk&Pd fo lwt m/d ee6,fw- dA..n h nm P.O.B POINT OF BEGINNING R/W RIGHT OF WAY �v.Lir ORB OFFICIAL RECORDS BOOK EC DOOM P. a Na atm PG PACE DAM: Not MY vlDlso t teu of Pw and W. -%I'& -bW .0 of a S.Aft W.md +raTvfar rnd nKpye: LL o O T 0 U Q: X i 03 EL cl im 0UU air aIx N Or W Z Q J Q � Z INIrd1 � l •. ry m....�,�.+r...v • na..n wwoo. w..n u.ye..r.ure—.w.� r.r Qo lr m 4—fto � .3 a mf7 sNrm y Dmmdm* r I