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HomeMy WebLinkAbout2021-059AGREEMENT AGREEMENT made this L1 day of A2021, by and between the Board of County Commissioners of Indian .River County, Florida (hereinafter "COUNTY") and Jeta Ranch LLC, a Florida Limited Liability Company (hereinafter "OWNER"). WHEREAS, COUNTY is in the process of acquiring certain lands necessary for the widening and improvement of 66th Avenue; and WHEREAS, OWNER owns certain real property abutting 66th Avenue; and WHEREAS, a portion of the lands owned by OWNER (herein designated as Parcel 129) are necessary .for the COUNTY to make its planned improvements to 66th Avenue; and WHEREAS, the COUNTY and OWNERS desire to amicably resolve all issues related to the acquisition of Parcel 129 by COUNTY on the following terms and conditions. NOW, THEREFORE, COUNTY and OWNER 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, OWNER shall convey to COUNTY, by Warranty Deed, the parcel designated as Parcel 129 as legally described in attached Exhibit A. Ad valorem real estate taxes for Parcel 129 shall be prorated as of the date of closing. Non -ad valorem taxes shall be paid in full by the OWNER. 3. OWNER shall convey marketable title to Parcel 129 to COUNTY free and clear of any mortgages, liens or other encumbrances of any nature. OWNER 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 the trust account of David W. Barkett, PA in the amount of $15,000 for Parcel 129 less prorated taxes and assessments. This payment shall also include the reimbursement for attorney's fees, expert costs and other costs and expenses of any nature. b. At the time of construction of the 66th Avenue improvements by COUNTY, COUNTY shall install a 20 foot wide concrete driveway as depicted on the 66u' 1 BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA D seph E. Flescher, Chairman BY: April 13, 2021 Attest: Jeffrey R. Smith, Clerk of Court and Comptroller By: Deputy Clerk Approved as to form and legal sufficiency usan J. Prado Assistant County Attorney By Jasi Col 3 -- ww 66TH AV N IPARCEL M � \ w D> E L3 D C1 POINT OF REVERSE CURVE 0` a C2 31393200000500000008.0 C� GRAPHIC SCALE a L1 L4 ORB 2301, PG 11 z `� LINE TABLE LINE PARCEL 129 2,286 SQ. FT. BEARING LLl 25 POB 0.05 ACRES L2 70.27 N00'32'54"E L3 39.71 S89'49'35"E L4 25.59 N89'49'36"W 5.94 11.89 w II C2 59.88 > 29.94 59.88 S71'49'01 "W 1'10'30" a e — — RIGHT OF WAY LINE Board of Profession/ SurveyDrs and Mappers M Chapter SJ -f7, Florldo I I P.O.C. POINT OF COMMENCEMENT AdminlstroNve Code, pursuant to Sectian 472.027, Rorldo Statutes, and 3 I I (0 that this drawing Is a true and accurate representation thereof to the best of my knowledge and belief. Subject to otes and notations shown hereon. SECTION 32, TOWNSHIP 31 SOUTH, RANGE 39 EAST ORB OFFICIAL RECORDS BOOK h 30' n FDOT FLORIDA DEPARTMENT OF N IM TRANSPORTATION j_ 2097 3;0 ZI 60- 2 2 licensed Surra and Mapper. DOI a K�mley»> Horn DATE LEGAL DESCRIPTION AND SKETCH OF Oz Q 7„D„7 WZ w DRAW DFD ©� K�6LT-NaM AIO �•.SOa�lM aS PARCEL 129 1 O F 2 aram ar Eco Ne smh ens x sahc soq wm eua6 Ft sswo vxan na-nfnoo rNc m-�uaaiw Do I i rwe.KxFwxoaaca 047035041 55' M � L TE L 14E �; CANAL CANAk R-14 . P.O.C. 408 SECTION 32 TOWNSHIP 31 SOTOWNSHIP32 SO77th STREET LINE TABLE LINE LENGTH BEARING L'1 25.00 S89'27'06"E L2 70.27 N00'32'54"E L3 39.71 S89'49'35"E L4 25.59 N89'49'36"W 3 CURVE TABLE CURVE LENGTH RADIUS ANGEN CHORD BEARING DELTA C1 11.89 3080.00 5.94 11.89 S12'17'38"W 0'13'16" C2 59.88 2920.00 29.94 59.88 S71'49'01 "W 1'10'30" 3 I' Y , LEGEND SECTION LINE — — EASEMENT LINE y PROPERTY LINE � PROPOSED RIGHT OF WAY This certlftea that o legal deacNptlan and sketch of the property shomh hereon that this legal description PARCEL was made under my aupervislon and and sketch meets the standards of proctice set forth by the Rorido e — — RIGHT OF WAY LINE Board of Profession/ SurveyDrs and Mappers M Chapter SJ -f7, Florldo P.O.C. POINT OF COMMENCEMENT AdminlstroNve Code, pursuant to Sectian 472.027, Rorldo Statutes, and 3 P.O.B. POINT OF BEGINNING R/W RIGHT OF WAY that this drawing Is a true and accurate representation thereof to the best of my knowledge and belief. Subject to otes and notations shown hereon. z ORB OFFICIAL RECORDS BOOK PG PAGE FDOT FLORIDA DEPARTMENT OF E.c. D6lfum f:SU-Na 17 TRANSPORTATION j_ 2097 SECT. SECTION DA 7E Not wlid without the signature and the orlg/nal ralsed eeal.of o Florida 2 licensed Surra and Mapper. a K�mley»> Horn DATE LEGAL DESCRIPTION AND SKETCH OF satrN11e°' 3 �� er DFD 7„D„7 DRAW DFD ©� K�6LT-NaM AIO �•.SOa�lM aS PARCEL 129 1 O F 2 aram ar Eco Ne smh ens x sahc soq wm eua6 Ft sswo vxan na-nfnoo rNc m-�uaaiw PROJECT N0. INDIAN RIVER COUNTY, FLORIDA i rwe.KxFwxoaaca 047035041 EXHIBIT A .11 LEGAL DESCRIPTION RIGHT OF WAY PARCEL ALL THAT CERTAIN PIECE, PARCEL OR TRACT OF LAND SITUATE, LYING AND BEING A PORTION OF SECTION 32, TOWNSHIP 31 SOUTH, RANGE 39 EAST, INDIAN RIVER COUNTY, FLORIDA; SAID LANDS BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO WIT; COMMENCING FOR REFERENCE AT THE SOUTHWEST CORNER OF SAID SECTION 32; THENCE, BEARING NORTH 00'32'54" EAST, ALONG THE WEST LINE OF SAID SECTION 32, A DISTANCE OF 1,759.34 FEET TO A POINT; THENCE, LEAVING SAID WEST LINE, BEARING SOUTH 89'27'06" EAST, A DISTANCE OF 25.00 FEET TO A POINT ON THE EAST RIGHT OF WAY LINE OF 65TH AVENUE AND THE POINT AND PLACE OF BEGINNING OF THE HEREIN DESCRIBED PARCEL; THENCE, BEARING NORTH 00'32'54" EAST, ALONG SAID EAST RIGHT OF WAY LINE, A DISTANCE OF 70.27 FEET TO A POINT; THENCE, LEAVING SAID EAST RIGHT OF WAY LINE, BEARING SOUTH 89'49'35" EAST, A DISTANCE OF 39.71 FEET TO A POINT; SAID POINT BEING THE BEGINNING OF A NON TANGENT CURVE CONCAVE _ WESTERLY, HAVING A RADIUS OF 3,080.00 FEET, A CENTRAL ANGLE OF 00'13'16 A CHORD LENGTH OF 11.89 FEET BEARING SOUTH 12'77'38" WEST; THENCE, SOUTHERLY ALONG THE ARC OF SAID CURVE, A DISTANCE OF 11.89 FEET TO A POINT; SAID POINT BEING THE BEGINNING OF A REVERSE CURVE CONCAVE EASTERLY, HAVING A RADIUS OF 2,920.00 FEET, A CENTRAL ANGLE OF 01'10'30", A CHORD LENGTH OF 59.88 FEET BEARING SOUTH 11'49'01" WEST; THENCE, SOUTHERLY ALONG THE ARC OF SAID CURVE, A DISTANCE OF 59.88 FEET TO A POINT. THENCE, BEARING NORTH 89'49'36" WEST, A DISTANCE OF 25.59 FEET TO THE POINT OF BEGINNING. THE ABOVE DESCRIBED PREMISES CONTAIN AN AREA OF 2,286 SQUARE FEET OR 0.05 ACRES, MORE OR LESS. SUBJECT TO ALL EASEMENTS, CONDITIONS AND RESTRICTIONS AS CONTAINED WITHIN THE CHAIN OF TITLE. SURVEYORS NOTES 1) THIS IS A SKETCH OF LEGAL DESCRIPTION ONLY, NOT A BOUNDARY RETRACEMENT SURVEY. 2) THE BEARING BASE FOR THIS SURVEY, IS THE WEST LINE OF SECTION 32. SAID LINE BEARS NORTH 00'32'54" EAST. 3) THE SCALE OF THIS DRAWING MAY HAVE BEEN DISTORTED DURING REPRODUCTION PROCESSES. 4) THIS LEGAL DESCRIPTION AND SKETCH IS BASED ON THE PRELIMINARY RIGHT OF WAY MAP FOR 66TH AVENUE PREPARED BY BURDETTE AND ASSOCIATES, DATED 10-10-06, AS DIRECTED BY INDIAN RIVER COUNTY, FLORIDA, • N/A • DAIE SHEEP NUMBER Dim DFDKlm ley 7/t 0/17 LEGAL DESCRIPTION AND SKETCH OF ,P auWNOY DFD o6 =7 AND Tmm PARCEL 129 2OF 2 C OIEa® DY ECD 445 R47N 8116£7, SWM 20% %VO DFAO6 R ]]DOD PROJMT NO. INDIAN RIVER COUNTY, FLORIDA $ MODS 7Pt-n 41M M T7z-7 030 047035041 WWD.NYEY-NON.00M m m x w THE OFFICIAL RECORD OF THIS SHEET 15 THE ELECTRONIC. FILE DIGITALLY SIGNED AND SEALED. UNDER RULE 61G15-23.CO4, F.A.C.I jfZCa P,4 N j$QfB ME IAN NJ ME ME ON MEMO EMEMEN KEENE In 111111111Imw 1 munum III mm 111,11,1116"EF1 �0lmiulimi IN P61 crllilliml No I limmililillin NIKKEI inimil I I IMF, 113, 1 p 13 M-MEEMIRLI MENNEN In I IMMMMEMminimille NO 111111. 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