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HomeMy WebLinkAbout2001-003C-1 s 171 A 017W RIFIG litre OP { + Prepared by wA1vetm•"rto: ,1ef1R4'Rr K. SANTON Ralph I V st..nL,birane,EaqEvans, P Ti. uiro DOCUMENTARY STAMPS CLEFIXCIRCUITCOt1RT 3388 Ocean Drive DEED�" � t'u...« StevaINDIAN RIVER CO., , � [� Vero Beach. FL 389931'10 Courthouae Bax 1180 NOTES 0— 003 .F_ JEFFREY RAWN, CLERK co WDiAM FWFA GWNTY W i, OPTION TO PURCHASE REAL PROPERTY The undersigned QUAIL VALLEY CLUB, LLC., 2801 Ocean Drive, Suite 201B, Vero Beach, Florida, hereinafter referred to as "Optionor" hereby acknowledges receipt of the sum of $10.00 and other good and valuable consideration from the c> > s County of Indian River, Florida, 1840 25th Street, Vero Beach, hereinafter referred to y - as "Optionee". z _ p In consideration therefor, and the mutual covenants hereinafter expressed, -� the Optionor hereby grants to the Optionee the exclusive option to purchase, for the a price and on the terms and conditions hereinafter set forth, the following described ca real property located in Indian River County, Florida, to wit: w r � Ci SEE EXHIBIT "A'" ATTACHED The purchase price for the property shall be its fair market value. Fair market value shall be determined by the average of the values rendered by two separate MAI appraisals, one obtained by the Optionor, and the other obtained by the Optionee. The use of the property for which the fair market value shall be determined shall be "agriculture", for citrus production or citrus -like production. The Optionor agrees that fair market value shall not include a consideration for severance damages or business damages as those terms are used in eminent domain proceedings. Further, Optionor agrees that Optionor shall not be compensated for the loss of, the relocation of, and/or the destruction of any improvements existing on the property at the time the option is exercised. :sr The term of the option shall be 25 years. However, the Optionee shall have the right to extend the option for an additional 1.5 years. The option shall be exercised by Optionee delivering to Optionor written notice of such exercise on or CT1 before the expiration date of the option or the extended option, as the case may be. _0 To extend the option, the Optionee shall deliver to the Optionor written notice of — Optionee"s election to extend no later than the last day of the initial option. uD OD Cn 4W 111 40 L-1 Anything herein to Oie contrary notwithstanding, Optionee agrees that Optionor has riot waived its right to Snake application to the Optionee for amendment to the Comprehensive Land Use Plan to delete the future extension of this road right- of-way from the Thoroughfare Plan; and further, the Optionee agrees that in the event of any such application being made by the Optionor, the existence of this agreement shall not be used against it in arguing for the retention of an extension of this road right-of-way, Optionee agrees, and accepts this option with the understanding that it shall be exercised only for the purpose of acquiring the property for the construction of road right-of-way. Optionor shall convey to Optionee good and marketable title to the property herein described. Conveyance of title and transfer of possession to Optionee shall be executed within not less than 180 days after exercise of the option. During such period, title may be examined by Optionee by any method selected. Evidence of good title conveyed may be by a standard forth title insurance policy issued by a qualified title insurer, the cost of which shall be borne by the Optionee. Optionor agrees to deliver the property in such condition that the vertical and horizontal profile of the proposed right-of-way shall be compatible with the Florida Department of Transportation Manual of Uniform_ Standards for the Design, Gonr kru ©n an Maintenancp of Streets and H'ghways (DOT Green Book), as amended, and without the presence of wetlands or other environmentally sensitive lands within the alignment area. Optionee agrees that Optionee's rights are wholly conditioned upon the following. Optionee having acquired sufficient right-of-way for what is now known. as 74"' Avenue from State Road 60 to what is now known as 61'I Street; AND In all events, the option shall be exercised on or before the last day of the option or extended option, as the case may be; and failing such exercise, this option shall lapse, be void, and the Optionor shall be released from arty further obligation hereunder. W -�t CSp97.::'1 To PuRCHmE,. P rm YHo7FArf•74II, Avn Co 0-� 4D i► 4D 4D IN WITNESS WHEREOF, the Optionor and.. Optionee have set their hands and seals. Witness Ralph L. Evans ZZ9 L G-f.'� t C,,-- Witness !Witness William G. Collins, 11 STATE Or FLORIDA COUNTY or ammN RTUER t1UALL VALLEY CLUB, LLC Pinnacle Golf, LLC, its Member --bp "Onor Stephen W. rlvey its Membe The foregoing instrument was acknowledged before me this day of , 2064 by stephen w, Mulvey , Member or Manager of QUAIL w,rALL IuJ�LC, who is personally known to me or provided a valid driver's licetwe # as identification. .� RALPH L. EVANS • ' .`,�+,i_ �?J.� ` • eur+ r My Gomm rw, !Wf ma Notary Public, State of Florida NO U: 805176 My commission expires: Prr.er.J, Msrxvr i I ouw 0 6 INDIAN RIVER COUNTY COMMISSION By= C a r o l i 'rt ,. ff.' %i n n, Chairman `f BC '�o' roved:.', January 1 ,2001 ATTES: By: Clerk'ot t}��j#p1id Op11;;`17O PURGIMSE REAL PROPIRTY-70h A" �x W ON -v co 0 Ob cil EXHIBIT "A" 74'h Avenue Optionor grants the Optionee the right to acquire the hereinafter described property depending upon which set of circumstances applies, to wit: I. If the Optionee is able to construct 74'h Avenue within the west 100 feet of the canal right-of-way of the Sebastian River Water Management District, then Optionee shall have the right to purchase 30 feet of the Optionor's property immediately west and contiguous to the west line of the Sebastian River Water Management District's canal right-of-way within the hereinafter described property; or 2. If the Optionee is not able to construct 741h Avenue within the west 100 feet of the canal right-of-way of the Sebastian River Water Management District, and the Optionor will allow its remaining property to be used to accommodate storm water run-off from the constructed extension of 74'h Avenue, Optionor grants to Optionee the right to purchase 100 feet of the Optionor's property immediately west and contiguous to the west line of the Sebastian River Water Management District's canal right-of- way within the hereinafter described property; or 3. If the Optionee is not able to construct 74111 Avenue within the west 100 feet of the canal right-of-way of the Sebastian River Water Management District, and if the Optionor will not accommodate storm water run-off from the constructed extension of 741" Avenue, Optionor grants to Optionee the right to purchase 130 feet of the Optionor's property immediately west and contiguous to the west line of the Sebastian River Water Management District's canal right-of-way within the hereinafter described property; To wit: The West 130,00 .feet of the East 330.00 Feet of the East Half of Section 19, Township 32 South, Range 38 East, Indian River County, Florida. -_j rn CO CO OPHOH 7O KMCMn RU I. PAOPElK -74o, Aw a • 13 E_�] T0100=81 (561) 667.8WO OFFICE OF COUNTY A TTORNEY Paul G. Rangel* County Attorney William G. Collins LC* Deputy County Attoiney *Board Certified, City, County & Local Government Law BOARD OF COUNTY COMMISSIONERS 1840 25th Street, Pero Beach, Florida 32960.3365 January 24, 2001 Ralph L. Evans, Esq. STEWART & EVANS, P.A, P. O. Box 3345 Vero Beach, FL 32964-3345 Re: Quail Valley, LLC , Right -Of -"Way Options Dear Ralph: Enclosed for your records please fiend a copy of each of the following agreements: • Option to Purchase Real Property (61st Street), recorded on January 17, 2001 in O.R. Book. 1376 at Page 1961, Public Telephone: Records of Indian River County, Florida Extension 1424 • Option to Purchase Real Property (74th Avenue), recorded on January 17, 2001 in O.R. Doak 1376 at Page 1985, 2224.142q4.1424 Public Records of Indian River County, Florida Fa • Option to Purchase Real Property (65th Street), recorded on x: January 17, 2001 in O.R. Book 1376 at Page 1989, Public (561) 569-4317 Records of Indian River County, Florida e-mail: Also enclosed is Indian River County Warrant No. 0296098 in ircattorney@bce.co. the amount of $30.00 representing the $10.00 consideration for indian-river.4l.us each option. 40 GA 40 d Ralph L. Evans, Esq. STEWART & EVANS, P.A. January 24, 2001 Page Two Thank you for your help in regard to this matter. Yours truly, k'�� &q�c William G. Collins 11 Deputy County Attorney WGClnhm cc: James W. Davis, P.E. - Public Works Director Robert M, Keating, AICD - Community Development Director 40 4b 40 BOARD OF CO:UIV YCOMMISSIONERS State of Florida - County of Iridian River 1840 25rh Stree! Vern Beach. Florida 32960 Fin[ Union NadonA Bank wte PJ#812001.: Y. - EXA'CTLY ****.****w****30D0LZARS,4M OOCE l'yS*** ;y 1 MO. QuAm mw=B, LLC 28010 CEAN DRIVE, SWE 201B VER© BEACH FL 32963.0000 "'0296098+i" 1:0670064320:26 58 50 396 2 7L011' 63.643 ao- Board of County Commissioners w,RRVIT NO. 029 6)98 Indian River rminfu Morn Ranrlr PlArirlrr ?')OKn &— n Inwice Number Invoice DatF PO b Amount Invoice 11x1 tuberInva[ce Date PO {/ AtnO7/nt TrowOP77ONS 0111112001 $30.00 0110312001 $.00