HomeMy WebLinkAbout2024-121REAL ESTATE EXCHANGE AGREEMENT
Between
INDIAN RIVER COUNTY AND GOLDEN EAGLE UPHOLSTERY SERVICES
CORPORATION
This Real Es to Exchange Agreement (Agreement) entered into this ''day
of (� . , 202 between Indian River County, a political subdivision of the State of
Florida ("the County") 1801 27th Street, Vero Beach, Florida 32960; and Golden Eagle
Upholstery Services Corporation, a Florida corporation whose address is, 5575 US Highway 1,
#4, Vero Beach, Florida 32967 ("Golden Eagle").
WHEREAS, the County has future plans to widen and improve 39th Street between Old
Dixie Highway and 201h Avenue that will require the utilization of part of the Golden Eagle
property located on Old Dixie Highway, Vero Beach, Florida; and
WHEREAS, the County owns a parcel of land adjacent and in the middle of the Golden
Eagle property that runs parallel to 201h Avenue; and
WHEREAS, in order to mitigate the impact of the loss of property due to the future road
expansion, the County has offered to exchange a southern portion of the County property in
exchange for the needed Golden Eagle property; and
WHEREAS, the County and Golden Eagle hereby agree to an exchange of portions of
their respective properties; and
WHEREAS, each party is indivisibly seized of their respective parcel of property and
shall convey marketable title to their respective parcel by County or Warranty deed free of
claims, liens, easements, and encumbrances, but subject to property taxes for the year of closing;
and
WHEREAS, this Exchange Agreement is subject to final approval by the Indian River
County Board of County Commissioners (BCC) through the adoption of a Resolution. Such an
exchange is allowed under Section 125.37, Florida Statutes. Notice is required to be published
once a week for two weeks before consideration by the BCC.
NOW THEREFORE, in consideration of the mutual terms, conditions, promises and
covenants hereinafter, Golden Eagle and the County agree as follows:
1. The above recitals are true and correct and incorporated by reference into this agreement.
2. The County hereby agrees to convey by County Deed to Golden Eagle the South 15.27
feet of Lot 52 of Espy's Subdivision recorded in Plat Book 2 Page 36, Public Records of
Indian River County, said parcel of property depicted on the sketch and legal description
attached and incorporated by reference to this Agreement as Exhibit A.
FAAttomey\Susan\Public Works\Property Swap\golden Eagle
3. Golden Eagle hereby agree to convey to the County by Warranty Deed the North 30 feet
of Lot 52, and the South 15.28 feet of Lot 51, of Espy's Subdivision, Plat Book 2, Page
36, Public Records of Indian River County, said parcels of property depicted on the
sketch and legal descriptions attached and incorporated by reference to this Agreement as
Exhibits B and C.
4. Each party shall convey marketable title to their respective parcels by County or warranty
deed free of claims, liens, easements, encumbrances and property taxes prorated for the
year of closing.
5. If Golden Eagle is required to obtain a partial release of mortgage on the property they
convey to the County, the County will agree that the partial release may be held in
escrow until the closing of this exchange.
6. Golden Eagle shall remove any of their personal property from the property conveyed to
the County prior to the date of Closing.
7. Each Party shall be responsible for preparation of its own Closing documents and each
party shall hold any deed in escrow until the Closing Date.
8. The County shall pay the following expenses at Closing: The cost of recording the
warranty deed from Golden Eagle and the cost to record the County Deed to Golden
Eagle.
9. Golden Eagle shall pay the following expenses at or prior to Closing:
a. Any and all taxes prorated to the Closing date.
b. All costs necessary to cure title defect(s) or encumbrances, other than the
permitted exceptions, and
c. All costs to satisfy or release of record all existing mortgages, liens or
encumbrances upon the Property conveyed to the County.
10. In the event a dispute arises over this agreement, Golden Eagle and the County shall each
pay their own attorneys' fees and costs.
11. This Agreement with its attachments constitutes the entire agreement between the parties
with respect to this transaction and supersedes all prior agreements, written or oral.
IN WITNESS WHEREOF, the undersigned have executed this Exchange as of the date
first set forth above.
INDIAN RIVER COUNTY BOARD
OF COUNTY COMMISSIONERS
FAAttomey\Susan\Public WorksTroperty Swap\golden Eagle
4igSusandams, Chairman ned:: June 4, 2024
ATTEST: Ryan L. Butler
CLERK TO THE BOARD AND COMPTROLLER
B , R/-
Deputy Cler
APPROVED:
By: 2
Gam.
John Titianich, Jr.
County Administrator
APPROVED AS TO FORM
AND LEGAL SUFFICIENCY:
By: 11,21 Z/_�Alf ':��
Sus rado
Deputy County Attorney
FAAttorney\Susan\Public Works\Property Swap\golden Eagle
IN WITNESS WHEREOF, the undersigned have executed this Exchange as of the date
first set forth above.
Golden Eagle Up lstery Services, Corp.
Edgar Montes, President
Witness:
Sign: ( 0"-" -
Print nam - —M tw:
Witness:
Date Signe Z
Ll
Sign: 7Nr-�`�Z�-
Print name: +ten nNc� r feS
STATE OF FLORIDA
COUNTY OF INDIAN RIVER
The foregoing instrprient was knowledged before me by means of L, -In person or _ online
notarization thisday ofI�(/)_ , 2024 by Edgar Montes, President of Golden Eagle
Upholstery Services, Corp on behalf of said entity, and who is personally known to me or
_produced as identification.
NOTARY PUBLIC
0 A,
=OtPRY.PUB<� INES A. DIAZ grin e:
SEAL: * Commission # HH 096407 Commission No.: 1'f V -IV T V 1
�9 §Q Expires March 18, 2025 Commission Expiration'
TFOF rf°P Bonded Thru Budget Notary Services �) l �rI
FAAttomey\Susan\Public WorksTroperty Swap\golden Eagle
Sketch and Legal Description for: INDIAN RIVER COUNTY
Legal Description (Right of Way Acquisition)
A PARCEL OF LAND BEING A PORTION OF LOT 51, ACCORDING TO THE PLAT OF EPSY'S SUBDIVISION, AS RECORDED IN PLAT BOOK 2,
PAGE 36, PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA, SAID PARCEL NOW LYING AND BEING IN INDIAN RIVER COUNTY,
FLORIDA, SAID PARCEL BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
THE SOUTH 15.28 FEET OF SAID LOT 51.
LESS AND EXCEPT THEREFROM:
THE RIGHT OF WAY FOR OLD DIXIE HIGHWAY (BEING A 66 FOOT WIDE RIGHT OF WAY) AS SHOWN ON PLAT BOOK 24, PAGE 84,
PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA.
CONTAINING 1,391 SQ.FT.±
Surveyor's Notes
1). THIS SKETCH AND LEGAL DESCRIPTION WAS PREPARED WITH THE BENEFIT OF A RIGHT OF WAY ACQUISITION EXHIBIT
PREPARED BY THE INDIAN RIVER COUNTY PUBLIC WORKS DEPARTMENT, SURVEY SECTION, PROJECT No. 1359, DATED
APRIL 30, 2019.
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 DESCRIPTION.
(B) REPRODUCTIONS OF THE DESCRIPTION AND SKETCH ARE SIGNED AND SEALED WITH
AN EMBOSSED SURVEYOR'S SEAL.
Legend and Abbreviations
CB
= CHORD BEARING
CH
= CHORD DISTANCE
D
= DELTA ANGLE
I.R.F.W.C.D.
= INDIAN RIVER FARMS
WATER CONTROL DISTRICT
L
= LENGTH OF ARC
O.R.B: OFFICIAL RECORD BOOK
P.B.
=PLAT BOOK
P.B.S.= PLAT BOOK ST. LUCIE
PG.
=PAGE
R
= RADIUS
(-,-rtifir.atinn
(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 WARD OF PROFESSIONAL
SURVEYORS AND MAPPERS IN CHAPTER 5J-17.052 FLO 1RW.SCHREV"EP.Sl�—
PROFESS!
ODE,
PURSUANT TO SECTION 472.027 FLORIDA STATE STT T
l0-(0. Z3 DATE OF SIGNATURE ONAL SURVEYOR AND MAPPER
This is not a Boundary Survey FLORIDA CERTIFICATE N0.4864
AGENCY:
INDIAN RIVER COUNTY, FL Sketch and Legal Description
PUBLIC WORKS DEPT. ENGINEERING DIV.
DATE: DRAWN BY: for:
10/05/2023 R. [NULL I I
SCALE: APPROVED BY: IINDIAN RIVER COUNTY
N/A D. SCHRYVER
SHEET:
1 OF 2
IRC -1359
(Lot 51 Epsy's Subdivision)
Sketch and Legal Description for: INDIAN RIVER COUNTY
N
Not to Scale
This is not a Boundary Su
INDIAN RIVER
PUBLIC WORKS DEPT
DATE: DRAWN BY:
10/05/2023
N/A _
SHEET: JOB NO:
2OF2
LOT 50
Espy's Subdivision
(P.B.S. 2, PAGE 36)
LOT 51
NORTH LINE LOT 52
SOUTH 20' OF LOT 52
(O.R.B. 223, PG. 599)
o
NORTH LINE LOT 51 ?
D
I �
CID
ACID
1 ,
I V (JI
' N O
1
I o
' r
I D
15'
�O I to
SOUTH LINE LOT 51
39th
Street
-LOT 52 o
I
I O
I
I
1
I r
D
I
1
1
1
fo
I
i
SOUTH LINE LOT 52
COUNT E,RING DIV. FL Sketch and Legal Description
/ENGIR. INGLETT for:
3Y:D. SCHRYVER INDIAN RIVER COUNTY
IRC -1359 (Lot 51 Epsy's Subdivision)
Sketch and Legal Description for: INDIAN RIVER COUNTY
Leqal Description (Right of Way Acquisition)
A PARCEL OF LAND BEING A PORTION OF LOT 52, ACCORDING TO THE PLAT OF EPSY'S SUBDIVISION, AS RECORDED IN PLAT BOOK 2,
PAGE 36, PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA, SAID PARCEL NOW LYING AND BEING IN INDIAN RIVER COUNTY,
FLORIDA, SAID PARCEL ALSO BEING A PORTION OF THOSE LANDS AS DESCRIBED IN OFFICIAL RECORD BOOK 223, PAGE 599, OF THE
PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA, SAID PARCEL BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEING THE SOUTH 15.27 FEET OF SAID LOT 52.
LESS AND EXCEPT THEREFROM:
THE RIGHT OF WAY FOR OLD DIXIE HIGHWAY (BEING A 66 FOOT WIDE RIGHT OF WAY) AS RECORDED IN PLAT BOOK 24, PAGE 84, OF
THE PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA.
CONTAINING 1,076 SQ.FT.±
Surveyor's Notes
1). THIS SKETCH AND LEGAL DESCRIPTION WAS PREPARED WITH THE BENEFIT OF A RIGHT OF WAY ACQUISITION EXHIBIT
PREPARED BY THE INDIAN RIVER COUNTY PUBLIC WORKS DEPARTMENT, SURVEY SECTION, PROJECT No. 1359, DATED
APRIL 30, 2019.
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 DESCRIPTION.
(B) REPRODUCTIONS OF THE DESCRIPTION AND SKETCH ARE SIGNED AND SEALED WITH
AN EMBOSSED SURVEYOR'S SEAL.
AGENCY:
INDIAN RIVER COUNTY, FL
PUBLIC WORKS DEPT. ENGINEERING DIV.
DATE: DRAWN BY:
10/05/2023 R. INGLETT
SCALE: APPROVED BY:
N/A D. SCHRYVER
SHEET: EF 2 �10B NO:
IRC—
Sketch and Legal Description
for:
INDIAN RIVER COUNTY
(Lot 52 Epsy's Subdivision)
Certification
(NOT VALID WITHOUT THE SIGNATURE AND ORIGINAL
RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER)
Legend and Abbreviations
CB = CHORD BEARING
I HEREBY CERTIFY THAT THE SKETCH AND LEGAL DESCRIPTION OF THE PROPERTY
CH = CHORD DISTANCE
SHOWN AND DESCRIBED HEREON WAS COMPLETED UNDER MY DIRECTION AND SAID
D = DELTA ANGLE
SKETCH AND LEGAL IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE AND
I.R.F.W.C.D. = INDIAN RIVER FARMS
BELIEF.
WATER CONTROL DISTRICT
L = LENGTH OF ARC
I FURTHER CERTIFY THAT THIS SKETCH AND DESCRIPTION MEETS THE STANDARDS OF
O.R.B = OFFICIAL RECORD BOOK
PRACTICE FOR SURVEYS SET FORTH BY THE FLORIDA BOARD OF PROFESSIONAL
P.B. = PLAT BOOK
SURVEYORS AND MAPPERS IN CHAPTER 5J-17.052 FL AAD INIST TIVE CODE,
P.B.S.= PLAT BOOK ST. LUCIE
PURSUANT TO SECTION 472.027 FLORIDA STATE STA UT
PG. =PAGE
LQ C. -2?
R = RADIUS
DATE OF SIGNATURE ID W. SCH YVE P.S.M.
PROFESSIONAL SURV AND MAPPER
This is not a Boundary Survev
FLORIDA CERTiFICATE NO. 4864
AGENCY:
INDIAN RIVER COUNTY, FL
PUBLIC WORKS DEPT. ENGINEERING DIV.
DATE: DRAWN BY:
10/05/2023 R. INGLETT
SCALE: APPROVED BY:
N/A D. SCHRYVER
SHEET: EF 2 �10B NO:
IRC—
Sketch and Legal Description
for:
INDIAN RIVER COUNTY
(Lot 52 Epsy's Subdivision)
Sketch and Legal Description for: INDIAN RIVER COUNTY
N
Not to Scale
This is not a Boundary Survey
LOT 50
Espy's Subdivision
(P.B.S_ 2, PAGE 36)
I No II
rmt-
=r II
NORTH LINE LOT 51
D
(D
c
(D
0
LOT 51 0
v
r
D
15'
SOUTH LINE LOT 51
NORTH LINE LOT 52
39th
Street
LOT 52 o
0
SOUTH 20' OF LOT 52 4.73'
(O.R.B. 223, PG. 599) D
AGENCY:
INDIAN RIVER COUNTY, FL
PUBLIC WORKS DEPT. ENGINEERING DIV.
DATE: DRAWN BY:
10/05/2023 R. INGLETT
SCALE: APPROVED BY:
N/A D. SCHRYVER
SHEET: JOB NO:
2 OF 2 1 IRC -1359
Sketch and Legal Description
for:
INDIAN RIVER COUNTY
(Lot 52 Epsy's Subdivision)
V1
7
01
O'
S
This is not a Boundary Survey
LOT 50
Espy's Subdivision
(P.B.S_ 2, PAGE 36)
I No II
rmt-
=r II
NORTH LINE LOT 51
D
(D
c
(D
0
LOT 51 0
v
r
D
15'
SOUTH LINE LOT 51
NORTH LINE LOT 52
39th
Street
LOT 52 o
0
SOUTH 20' OF LOT 52 4.73'
(O.R.B. 223, PG. 599) D
AGENCY:
INDIAN RIVER COUNTY, FL
PUBLIC WORKS DEPT. ENGINEERING DIV.
DATE: DRAWN BY:
10/05/2023 R. INGLETT
SCALE: APPROVED BY:
N/A D. SCHRYVER
SHEET: JOB NO:
2 OF 2 1 IRC -1359
Sketch and Legal Description
for:
INDIAN RIVER COUNTY
(Lot 52 Epsy's Subdivision)
Sketch and Legal Description for: INDIAN RIVER COUNTY
Legal Description (Right of Way Acquisition)
A PARCEL BEING A PORTION OF LOT 52, ACCORDING TO THE PLAT OF EPSY'S SUBDIVISION, AS RECORDED IN PLAT BOOK 2, PAGE 36,
PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA, SAID PARCEL NOW LYING AND BEING IN INDIAN RIVER COUNTY, FLORIDA, SAID
PARCEL BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
THE NORTH 30.00 FEET OF SAID LOT 52.
LESS AND EXCEPT THEREFROM:
RIGHT OF WAY FOR OLD DIXIE HIGHWAY (BEING A 66 FOOT WIDE RIGHT OF WAY) AS SHOWN ON PLAT BOOK 24, PAGE 84, OF THE
PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA.
CONTAINING 2,452 SQ.FT.i
Surveyor's Notes
1). THIS SKETCH AND LEGAL DESCRIPTION WAS PREPARED WITH THE BENEFIT OF A RIGHT OF WAY ACQUISITION EXHIBIT
PREPARED BY THE INDIAN RIVER COUNTY PUBLIC WORKS DEPARTMENT, SURVEY SECTION, PROJECT No. 1359, DATED
APRIL 30, 2019.
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 DESCRIPTION.
(B) REPRODUCTIONS OF THE DESCRIPTION AND SKETCH ARE SIGNED AND SEALED WITH
AN EMBOSSED SURVEYOR'S SEAL.
Legend and Abbreviations
CB = CHORD BEARING
CH =CHORD DISTANCE
D = DELTA ANGLE
I.R.F.W.C.D. = INDIAN RIVER FARMS
WATER CONTROL DISTRICT
L = LENGTH OF ARC
O.R.B = OFFICIAL RECORD BOOK
P.B. =PLAT BOOK
P.B.S.= PLAT BOOK ST. LUCIE
PG. = PAGE
R = RADIUS
This is not a Boundary Su
INDIAN RIVER
PUBLIC WORKS DEPT.
DRAWN BY:
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 BOARD OF PROFESSIONAL
SURVEYORS AND MAPPERS IN CHAPTER 5J-17.052 FLO AD!MMINIST. TIVE CODE,
PURSUANT TO SECTION 472.027 FLORIDA STATE STA JE
f
DATE OF SIGNATURE DAVID W. SCHR> 1 P.S.M.
PROFESSIONAL SURVEYO AND MAPPER
FLORIDA CERTIFICATE NO. 4864
COUNTY, FL
/ENGINEERING DIV.
10/05/2023 R. INGLETT
SCALE: APPROVED BY:
N/A D. SCHRYVER
SH; 2 ET::: OB NO:
OF IRC -1359
Sketch and Legal Description
for:
INDIAN RIVER COUNTY
(Lot 52 Epsy's Subdivision)
Sketch and Legal Description for: INDIAN RIVER COUNTY
N
LOT 50
Espy's Subdivision
\ Not to Scale (P.B.S. 2, PAGE 36)
This is not a Boundary Survey
AGENCY:
INDIAN RIVER COUNTY, FL
PUBLIC WORKS DEPT. ENGINEERING DIV
DATE: DRAWN BY:
10/05/2023 R. INGLETT
SCALE: APPROVED BY:
N/A D. SCHRYVER
SHEET: DOB NO:
2 OF 2
IRC -1359
f NORTH LINE LOT 51
SOUTH LINE LOT 52
Sketch and Legal Description
for:
INDIAN RIVER COUNTY
(Lot 52 Epsy's Subdivision)