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HomeMy WebLinkAbout1999-165� U This Instrument Preared by: Richard W. Taylor, Esquire 112 north Florida Avenue DeLand, FL 32720 AGREEMENT This Agreement is made and entered into this the day of June 1959 by and between BARRY S. DRACKETT, the unremarri.ed widower of FLORENCE N. DRACKETT, hereinafter referred to as "DRACKETT", and TURNER BUILDERS OF VERO BEACH, INC., hereinafter referred to as "TURNER", and COUNTY OF INDIAN RIVER, FLORIDA, hereinafter referred to as "INDIAN RIVER COUNTY". WHEREAS,pursuant to deeds recorded in Official Records Book 0714, Page 1199, Public Records of Indian River County, Florida, DRACKETT acquired a parcel of property in Indian River County, Florida described in said deed as: Lot 50, AMBERSAND BEACH, SUBDIVISION NO. 1, according to the plat thereof as recorded in Plat Book 7, Page 8A of the Public Records of Indian River County, Florida, together with the improvements thereon, LES; AND EXCEPTING therefrom the right-of-way for U.S. Hwy A -1-A. WHEREAS, pursuant to deed recorded in Official Records Book 0868, Page 1525, Public Records of Indian River County, Florida, TURNER acquired a parcel of property in Indian River County, Florida described in said deed as: Lot 51, AMBERSAND BEACH, SUBDIVISION NO. 1, according to the Plat thereof as recorded in Plat Book 3, Page 76, of the Public Records of Brevard County, Florida; said lands now lying and being in Indian River County, Florida. Less and excepting the right of way for AIA. WHEREAS, the properties of DRACKETT and TURNER are adjacent to each other, but the boundary between their properties is in dispute, and, WHEREAS, the party who first placed improvements on Lots 50 and 51 AMBERSAND BEACH, SUBDIVISION NO. 1, according to the plat thereof as recorded in Plat Book 7, Page 8A of the Public Records of Indian River County, Florida, intended that the line of division between the property of the parties to this agreement would provide for the Drackett house, garage, driveway and sidewalk to be on the Drackett parcel and meet all necessary setback requirements, but through mistake or fraud, the proper line of division was not used in the documents of conveyance, and, WHEREAS, the parties wish to amicably resolve their differences and provide for a clear and certain boundary between their properties, said line to be equidistant from TURNER'S house and DRACKETT'S house and garage where there is not sufficient space to meet the full setback of 10 feet, and the parties wish to settle the law suit between them in a manner that puts both properties in compliance with applicable setback requirements of the Code of Indian River County and resolves the pending a code enforcement action in a manner that results in no fine or penalty to any party. NOW THEREFORE, in consideration of the mutual promises contained herein, Ten Dollars and other good and valuable consideration, receipt and sufficiency of which is hereby acknowledged, the parties agree as follows: 1. DRACKETT owns that part of Lots 50 and 51, AMBERSAND BEACH, SUBDIVISION NO. 1, lying Southerly of the following described line and TURNER owns that part of Lots 50 and 51, AMBERSAND BEACH, SUBDIVISION NO. 1, lying Northerly of the following described lines: SEE ATTACHED EXHIBIT A In the event any of the monument's described in this agreement are lost, moved or destroyed, the boundaries described herein shall be determined by the location of the said monument at the time of this agreement and such lost, moved or destroyed monument shall be restored by the descriptions set forth in said Exhibit "A" 2. BARRY S. DRACKETT, the unremarried widower of FLORENCE N. DRACKETT, does hereby quit claim and conveyto TURNER BUILDERS OF VERO BEACH, INC., the property Northerly othe line described in EXHIBIT A and Southerly of TURNER'S North line. 3. TURNER BUILDERS OF VERO BEACH, INC., does hereby quit claim and convey to BARRY S. DRACKETT, the property Southerly of the line described. in EXHIBIT A and Northerly of DRACKETT"S South line. 4. TURNER BUILDERS OF VERO BEACH, INC., does hereby grant and convey to BARRY S. DRACKETT, a perpetual easement over, under and across any property+ of TURNER BUILDERS OF VERB BEACH, INC., lying northerly of the line described in EXHIBIT A to provide access and to maintain the improvements located on the DRACKETT property as defined herein, and for ingress and egress over said 'property for DRACKETT and any invitee, guest, or licensee of DRACKETT to use and maintain a. sidewalk and handrail as now exist on property of TURNER BUILDERS OF VERO BEACH, INC. as described herein. 5. TURNER BUILDERS OF VERO BEACH, INC. and BARRY S. DRACKETT, hereby restrict any property owned by either of them lying within la feet of the line described in EXHIBIT A, easterly of intersection of the easterly projection of the south wall of the TURNER house and the line described in EXHIBIT A as follows: No structures, plants (other than grass) or other improvements shall be placed, maintained or permitted to exist in the restricted area, other than the house, a sidewalk, handrail, roof overhand and light poles as now exist in the restricted area and any underground drain field, provided that plants that are not higher than the rail shall be permitted within 10 feet of the DRACKETT house. 6. TURNER BUILDERS OF VERO BEACH, INC., and BARRY S. DRACKETT, hereby grant to each other an easement to maintain any grass located in the restricted area described in paragraph 5 above. 7. DRACKETT agrees to hold TURNER harmless from any and all claims of DRACKETT, or any invitee, guest or licensee of DRACKETT related to the utilization of any easement granted hereunder to DRACKETT. Upon sale by DRACKETT, DRACKETT"S responsibility under this paragraph shall cease. 8. TURNER agrees to hold DRACKETT harmless from any and all claims of TURNER, or any invitee, guest or licensee of TURNER related to the utilization of any easement granted hereunder to TURNER. Upon sale by TURNER, TURNER'S responsibility under this paragraph shall cease. 9. Each party shall bear its own fees and cost with retard to the law suit in the Circuit Court of the 19th .judicial. Circu it in and for Indian River County, Florida, Civil, Division, Case No. 94- 0182 CA 09 and within 1.4 days of the execution of this agreement by the INDIAN RIVER COUNTY, the parties shall jointly voluntary dismiss the action, with prejudice. 18. INDIAN RIVER COUNTY agrees that in the interest of settling said law suit INDIAN RIVER COUNTY hereby grants an administrative variance of a de minimis setback, as described in Exhibit A which will bring both properties and the existing improvements located thereon in accord with the codes and regulations of Indian River County as to setback and that a reel any code enforcement action pending, including the above referenced action, will be dismissed or concluded with no further cost or fine to DRACKETT or TURNER. 11. The parties agree to e ually divide and prompptly pay the cost of the survey work. performed and to be performed by Masteller, Moler & Reed, Inc., 'Professional Land Surveyors to revise the legal description set forth herein and set the monuments and DRACKETT will receive credit for the $300.04 he has already paid. 12. The promises contai..ed herein shall enure to the benefit of and be the responsibilities of the parties hereto, their heirs, successors, personal representatives or assigns. 13. With regard to any litigation to enforce any provision of the agreement, the prevailing party shall be entitled to attorney's fees as well attorney's fees and costs with regard to an appeal. 14. Upon approval of this agreement by the INDIAN RIVER COUNTY a required herein, DRACKETT shallay to the trust account of the attorney for Turner the sum of $5, 00.00 and upon completing of all matters required herein and dismissal. of all litigation and exchange of mutual releases, said attorney shall pay to Turner the sum of $5,000.00 as full and complete settlement of this matter. 15. This agreement is conditioned on the approval of the INDIAN RIVER COUNTY COMMISSION and execution byproper official of this agreement and upon completion of the legal descriptions and placement of the required monuments. Upon completion of the above, this Agreement shall be recorded with the revised Exhibit "A" prepared by the surveyor. IN WITNESS WHEREOF, the parties have hereunto set their hands and seals this the 22ft, ,tday of June, 1999• Signed, sealed and delivered in the presence of: K-1-�111 / I mo, (SEAL) Z ame ame „rsf &zT& TURNER BUILDERS OF VERO BEACH, INC. ype ame z. By: (SEAL) e r] . COUNTY OF INDIAN RIVE11 { FLORIDA jype awe } ,n B y : (SEAL) .�= L -L.c..i^t est. f ypeName APPROVFr� AS TO FORM AND 1,E.GAL. :;JFFIfIE:NCY B7 Tkii�t �f_F_ r, (1'f3itl IJ~ K33T. COUNTY ii i I ORN Y _ STATE OF FLORIDA COUNTY OF INDIAN RIVER I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State aforesaid and in the County aforesaid to take acknowledgments, k personally a geared James Turner as President of TURNER 'BUILDERS F VERO BEACH, INC., to me nown to be the ppersons described in or who produced a as identification and who executed the foregoing instrument and e acknowledged before me he executed the same as president of said corporation and as the act and deed of said corporation and did ( ) did not ( ) take an oath. WITNESS my hand and official seal in the County—'and State last resaid this the _� clay of 1999. 1999.� STATE OF FLORIISA~, COUNTY OF �7D1q%- Charles E- Gauls v�� MY COMMISSION 0 Coul49 ERPmRcs November 21, 2001 di RER T4 {Car f,CH RtSiiRA.'1fE0C I HEREBY CERTIFY that on this day, before me, an offi i'dul au for ze itil the State aforesaid and in the County aforesaid to take acknowledgments, personally appeared BARRY S. DRACKETT to me known to be the person described in or who produced a as identification and who executed the foregoing instrument and h -"nowleagea before me he executed the same and did { j did not { j take an oath. -VITNESS my hand l official seal in the Co nd S ©resaid this the day of —1-64-- , 1999. 't" Charles E. Gravis STATE OF FLORIDA �1 MYCOMMISSION R CC68?T49 EXPIPES 0. COUNTY OF INDIAN RIVER a= NPVember21,2001 ;,`.•- KNUO rHPU TROY rAW Oi5ll WE it I HEREBY CERTIFY that on this day, before me, an officer duly authorize � in the State aforesaid and in the Count aforesaid to take acknaw1 dgments, personally appeared `,C r i` b f as C�/,�fls'lilL�ri/ of COUNTY OF INDIAN RIVER, FLDRID , o me no o e e persons escr> a in or who produced a as -1-d2 icatian and who executed the foregoing instrument an a ac now edged before me he executed the same as president of said corporation and as the act and deed of said corporation and did (,) did not {_y take an oath. WITNESS my hand d official seal in the County and State last aforesaid this the _ day of + I c 1999. } o -ary I'UD.LIC Typed Name c: �rf�nn�oancrrrr.ur My Commission xpires; .........r,..,.:r� rrrrnrrnrrrrrrrrrr� . e otiAx Por AEi4c E. 1Vhilt ' i � hnrrry i'ud+lic, 5rale CC5768S2 076882 s fl Cwnmi;sion Na < 'F'o,sL�P MyCunrnicsoruiiisp.tl$7E7.'2�OD a S T•-1-hatARY - n.:;o+v; "+,rvire ec iwMmg Co � S111i11S)tiSY1111Sy11171�15'SY1�111�\Y.............. EXHIBIT A The line of agreement shall consist of segments A and B described as follows: SEGMENT "A": The Surveyor shall locate and tie to a known and well defined separate monument, the existing 41" x 41" concrete monument to be capped with a metal cap bearing the inscription "DRACKETT 01 1996" .and SEGMENT "A' shall be defined as follows; Begin at the center of a 4" x 4"" concrete monument on or near the intersection of the easterly right-of-way of State Road A -1-A and the northerly line of Lot 50, AMBERSAND BEACH, SUBDIVISION NO. 1■ according to the plat thereof as recorded in Plat Book 7, Page 8A of the Public Records of Indian River County, Florida, said 41" x 4" concrete monument to be capped with a metal ca bearinc� the inscription "DRACKETT #1 19961" run thence south 89011"19"E a distance of 23.33 feet to a point north of the concrete driveway on the Drackett property and 10 feet southerly of the southwestly corner of the Turner house; run thence north 89"36'20'"E a distance of 28.92 feet to a point 9.76 feet southerly of the Turner house and 9.76 feet northerly of the Drackett garage; thence north 89°43'32"E 25.58 feet to a point 9.61 feet southerly of the Turner house and 9.61 feet northerly of the Drackett arage; thence south 86039153"1E a distance of 9.99 feet throu h a nai located in the sidewalk to a point located no closer �han 10 feet to the Drackett house (using measurements as define for County setback requirements); thence north 38°07108"E along a line located equidistant between the Drackett and TURNER houses a distance of 10.13 feet to a point; thence north 66'33109"E along a line located no closer than 10 feet to the Drackett house (using measurements as define for County setback requirements) a distance of 21.76 feet to a point; thence south 68 26151"1E along a line located no closer than 10 feet to the Drackett house (using measurements as define for County setback requirements) a distance of approximatelyy 41.35 feet to a 41" x 4"" concrete monument to be capped with a me al ca bearing the inscription "DRACKETT #2 1996"' which shall be located on or near the northerly line of Lot 50, AMBERSAND BEACH, SUBDIVISION NO. 1, according to the plat thereof as recorded in Plat Book 7, Page 8A of the Public Records of Indian River County, Florida; thence easterly through the center of a 41" x 41" concrete monument to be capped with a metal cap bearing the inscription "DRACKETT #3 19961" to the mean high water mark of the Atlantic Oceans said line as it runs easterly from concrete monument to be capped with a metal cap bearing the inscription "DRACKETT 02 19961" to provide equal distances of frontage to DRACKETT and. TURNER on the Atlantic Ocean. SEGMENT "B": The Surveyor shall locate and tie to a known and well defined separate monument, the existing 4" x 4" concrete monument to be capped with a metal cap bearing the inscription "DRACKETT #1 19960° which shall be located on or near the intersection of the easterly right-of-way of State Road A -1-A and the northerly line of Lot 50, AMBERSAND BEACH, SUBDIVISION NO. 1, according to the plat thereof as recorded in Plat Book 7, Page 8A of the Public Records of Indian River County, Florida and SEGMENT 'B" shall be defined as follows: Begin at the center the existing 41" x 4" concrete monument to be capped with a metal cad bearing the inscription "DRACKETT 01 1996" run thence south 8939 38" west to the mean high water mark of the Indian River. e" % HN 106 I-PAC"C77.NO