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HomeMy WebLinkAbout2024-159A TRUE COPY CERTIFICATION ON LAST PAGE PYAN L. BUTLER, CLERK REAL ESTATE EXCHANGE AGREEMENT Between INDIAN RIVER COUNTY AND PELLEGRINO AND MICHELLE BARONE, OSLO ROAD AGRICULTURE, LLC AND BEALE HOLDINGS, INC. This Real Estate Exchange Agreement (Agreement) entered into this 2nd day of July, 2024 between Indian River County, a political subdivision of the State of Florida ("the County") 1801 27th Street, Vero Beach, Florida 32960; and Pellegrino and Michelle Barone (Barone), Oslo Road Agriculture, LLC (Oslo) and Beale Holdings, Inc. (Beale). WHEREAS, the County maintains 74" Avenue between I" Street SW and 5th Street SW as a two lane, paved, public roadway; and WHEREAS, the Lateral C Canal runs along the eastern edge of 74" Avenue between I st Street SW and 5th Street SW with 100 feet of right-of-way that contains the canal and 70 Avenue; and WHEREAS, Barone, Oslo and Beale own parcels of land adjacent to the west edge of 74th Avenue between I" Street SW and 5th Street SW and those parcels run parallel to 74th Avenue; and WHEREAS, in 1956, a dedication of property was recorded that incorrectly described the location of the canal right-of-way along 74th Avenue, so that the canal and road right-of-way extend 30 feet into the Barone, Oslo and Beale parcels and creates a gap or hiatus within the 100 foot wide canal right-of-way; and WHEREAS, in order to resolve the erroneous 1956 dedication, the County has offered to exchange its interest in the 30 -foot wide gap in the canal right -of --way in exchange for the 30 - foot encroachment into the Barone, Oslo and Beale properties; and WHEREAS, the County and Barone, Oslo and Beale hereby agree to an exchange of their interests in a portion of their respective properties; and WHEREAS, the parties agree to an exchange of Quit Claim Deeds that will convey any and all interests the Parties may have to the other Party(s); 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, Barone, Oslo and Beale and the County agree as follows: i _ r A TRUE COPY CERTIFICATION ON LAST PAGE RYAN L. BUTLER, CLERK 1. The above recitals are true and correct and incorporated by reference into this agreement. 2. Barone agrees to convey to the County a parcel of property located on the west side of the Lateral C Canal along 74th Avenue, consisting of 78,408 square feet (1.80 acres). 3. Oslo agrees to convey to the County a 35,811 square foot (0.82 acres) parcel of property to the County. Said parcel is located on the west side of the Lateral C Canal along 74th Avenue. 4. Beale agrees to convey to the County a 37,495 square foot (0.86 acres) parcel of property to the County. Said parcel is located on the west side of the Lateral C Canal along 74th Avenue. 5. At the same time, the County agrees to convey to Barone, a portion of property west of 74th Avenue between 1 st Street SW and 5th Street SW consisting of 78,408 square feet (1.80 acres). 6. At the same time, the County agrees to convey to Oslo, a portion of property west of 74th Avenue between 1st Street SW and 5th Street SW consisting of 35,811 square feet (0.82 acres). 7. At the same time, the County agrees to convey to Beale a portion of property west of 74th Avenue between 1 st Street SW and 5th Street SW consisting of 37,493 square feet (0.86 acres). 8. All of the above conveyances shall be made via Quit Claim Deed, with the County responsible for the cost of recording those deeds. 9. If Barone, Oslo and/or Beale are required to obtain a partial release of mortgage on their 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. 10. Barone, Oslo and Beale shall remove any of their personal property from the property conveyed to the County prior to the date of Closing. 11. The County shall be responsible for preparation of the Quit Claim Deeds and the sketch and legal descriptions of the parcels to be conveyed. 12. Barone, Oslo and Beale shall pay the following expenses at or prior to Closing: a. Property taxes, if any, prorated to the Closing date. 13. In the event a dispute arises over this agreement, Barone, Oslo and Beale and the County shall each pay their own attorneys' fees and costs. A TRUE COPY CERTIFICATION ON LAST PAGE RYAN L. BUTLER, CLERK 14. 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 TY ATTEST: RYAN L. BUTLER, CLERK TO THE BOARD AND COMPTROLLER By: O�nti �ro�V,3 � Deputy Clerk APPROVED: By: John A. Titkanich, Jr. County Administrator APPROVED AS TO FORM AND LEGAL SUFFICIENCY: W... wm. JA n "li 71t] County Attorney A TRUE COPY CERTIFICATION ON LAST PAGE RYAN L. BUTLER, CLERK IN WITNESS WHEREOF, the undersigned have executed this Exchange as of the date first set forth above. Pellegrino and Michelle Barone Date Signed: Pellegrino Barone Date Signed: Michelle Barone Witness: Sign: Print name: _ Print Address: Witness: Sign: Print name: _ Print Address: STATE OF FLORIDA COUNTY OF INDIAN RIVER The foregoing instrument was acknowledged before me this day of , 2024, by Pellegrino and Michelle Barone, who are personally known to me or produced as identification. NOTARY PUBLIC printed name: SEAL: Commission No.: Commission Expiration: A TRUE COPY CERTIFICATION ON LAST PAGE PYA.N L. SUTLER, CLERK IN WITNESS WHEREOF, the undersigned have executed this Exchange as of the date first set forth above. Oslo Road Agriculture, LLC Date Signed: Reed C. Knight, Member Witness: Sign: Print name: _ Print Address: Witness: Sign: Print name: _ Print Address: STATE OF FLORIDA COUNTY OF INDIAN RIVER The foregoing instrument was acknowledged before me this day of , 2024, by Reed C. Knight, Member of Oslo Road Agriculture, LLC, who is personally known to me or produced as identification. NOTARY PUBLIC printed name: SEAL: Commission No.: Commission Expiration: A TRUE COPY CERTIFICATION ON LAST PAGE RYAN L. BUTLER, CLERK IN WITNESS WHEREOF, the undersigned have executed this Exchange as of the date first set forth above. Beale Holdings, Inc. Joseph E. Beale, Jr., President Witness: Sign: Print name: _ Print Address: Witness: Sign: Print name: _ Print Address: STATE OF FLORIDA COUNTY OF INDIAN RIVER The foregoing instrument 2024, by Joseph E. Beale, personally known to me or produced Date Signed: was acknowledged before me this day of Jr., as President of Beale Holdings, Inc., who is as identification. NOTARY PUBLIC printed name: SEAL: Commission No.: Commission Expiration: RESOLUTION NO. 2024- 033 A TRUE COPY CERTIFICATION ON LAST PAGE RYAN L. SUTLER, CLERK A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, APPROVING AN EXCHANGE OF LAND WITH PELLEGRINO AND MICHELLE BARONE, OSLO ROAD AGRICULTURE, LLC AND BEALE HOLDINGS, INC. WHEREAS, Pellegrino and Michelle Barone (Barone), Oslo Road Agriculture, LLC (Oslo) and Beale Holdings, Inc. (Beale)., are the owners of real property located along the western edge of 74th Avenue between 1St Street SW and 5th Street SW, Vero Beach, Indian River County, and WHEREAS, Indian River County (County), a political subdivision of the State of Florida, the County maintains 74th Avenue between 1st Street SW and 5th Street SW as a two lane, paved, public roadway; and WHEREAS, the Lateral C Canal runs along the eastern edge of 74th Avenue between 1St Street SW and 5th Street SW with 100 feet of right-of-way that contains the canal, 74th Avenue and a 30 foot wide gap along 74th Avenue; and WHEREAS, it is the opinion of the Board of County Commissioners that the County's interest in the 30 foot wide gap is not needed for County purposes; and WHEREAS, it is in the best interest of the County that such property be exchanged for other real property, which the County desires to acquire for County purposes; and WHEREAS, the County plans future utility installation that will require the utilization of 74th Avenue right-of-way; and WHEREAS, the terms and conditions of the proposed exchange were noticed in the newspaper once a week for two weeks pursuant to Florida Statute 125.37, NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that the Exchange Agreement between Indian River County, Florida, Pellegrino and Michelle Barone, Oslo Road Agriculture, LLC and Beale Holdings, Inc. is hereby approved and Chairman is authorized to execute the Agreement and any deeds or documents necessary to effectuate the exchange. 1 RESOLUTION NO. 2024-033 STATE OF FLOR,Ur INDIAN RIVER COUNTY THIS IS TO CERTIFY THAT THIS IS A TRUE AND CORRECT COPY OF THE ORIGINAL ON FILE IN THIS OFFICE. RYAN L. BU CLERK BY '4D-A.C. DATE O`l o� 01 The resolution was moved for adoption by Commissioner Joseph E. Earman and the motion was seconded by Commissioner Laura Moss being put to a vote, the vote was as follows: Susan Adams, Chairman Joseph E. Flescher, Vice Chairman Joseph E. Earman, Commissioner Deryl Loar, Commissioner Laura Moss, Commissioner AYE' AYE AYE AYE AYE , and, upon The Chairman thereupon declared the resolution duly passed and adopted this 2nd day of July, 2024. BOARD OF COUNTY COMMISSIONERS,,...... INDIAN RIVER COUNTY, FLORIDA ,.o��a''�SsioraFgs,• ATTEST: Ryan L. Butler, Clerk of the o:• �� ': Circuit Court and Comptroller BYSSu - ^__ nAdams, airman . ; •. ,�� By:-� RIVES Deputy CljYk Approved as to form And legal sufficiency: By: Y William K. De Waal County Attorney 2 �. �. � a., .,. ',..�� .k.. ..,4' �, ...