HomeMy WebLinkAbout2005-105 T
AGREEMENT TO PURCHASE AND SELL REAL ESTATE /
THIS AGREEMENT TO PURCHASE AND SELL REAL ESTATE ( " Agreement" ) is made
and entered into as of the 29thday of March 200 5 , by and between Indian River
County , a political subdivision of the State of Florida (` County" ) , and Holiday Builders , Inc . , a
Florida corporation , ( " Seller" ) , who agree as follows :
1 . Agreement to Purchase and Sell . The Seller hereby agrees to sell to the County , and the
County hereby agrees to purchase from Seller , upon the terms and conditions set forth in this
Agreement , that certain parcel of real property located at 1350 8th Street , County of Indian River ,
State of Florida and more specifically described on Exhibit "A " , attached hereto and
incorporated by this reference , containing 21 , 799 . 15 square feet ( . 50 acre ) , and all
improvements thereon , together with all easements , rights and uses now or hereafter belonging
thereto ( collectively , the " Property' ' ) . NOTE : The total right-of-way to be conveyed is a depth of
40 feet , fora total of 43 , 598 . 3 . quare feet ( approximately 1 acre ) . Of this , the south 20 feet ( see
Exhibit " B " , attached hereto and incorporated by this reference ) is dedicated without
compensation per the County' s Land Development Regulations , and the North 20 feet ( Exhibit
" A" ) is by purchase . The Purchase Price below represents compensation for the Exhibit "A "
property .
2 . Purchase Price , Effective Date . The purchase price (the " Purchase Price " ) for the
Property shall be Twelve Thousand Two Hundred Seventy-Two Dollars ( $ 12 , 272 . 00 ) . The
Purchase Price shall be paid on the Closing Date . The Effective Date of this Agreement shall be
the date upon which the County shall have approved the execution of this Agreement , either by
approval by the Indian River County Board of County Commissioners at a formal meeting of
such Board or by the County Administrator pursuant to his delegated authority .
3 . Title . Seller shall convey marketable title to the Property by warranty deed free of claims ,
liens , easements and encumbrances of record or known to Seller; but subject to property taxes
for the year of Closing and covenants , restrictions and public utility easements of record provided
( a ) there exists at Closing no violation of any of the foregoing ; and ( b ) none of the foregoing
prevents County' s intended use and development of the Property (" Permitted Exceptions " ) .
3 . 1 County may order an Ownership and Encumbrance Report or Title Insurance
Commitment with respect to the Property . County shall within fifteen ( 15 ) days following the
Effective Date of this Agreement deliver written notice to Seller of title defects . Title shall be
deemed acceptable to County if ( a ) County fails to deliver notice of defects within the time
specified , or ( b ) County delivers notice and Seller cures the defects within thirty ( 30 ) days from
receipt of notice from County of title defects ( " Curative Period " ) . Seller shall use best efforts to
cure the defects within the Curative Period and if the title defects are not cured within the
Curative Period , County 0211 have thirty ( 30 ) days from the end of the Curative Period to elect _
by written notice to Seller, to : ( i ) to terminate this Agreement , whereupon shall be of no further
force and effect , or ( ii ) extend the Curative Period for up to an additional 90 days ; or ( iii ) accept
title subject to existing defects and proceed to closing .
4 . Representations of the Seller.
FAPublic Works\Capital Projects\M isc. Agreements\VaienciaPointe8thStRW 1 - 13 -05 .doc 1
RLXreey 'N 72,7 .I ojee foC! f/Ty
4 . 1 Seller is indefeasibly seized of marketable , fee simple title to the Property , and is the sole
owner of and has good right , title , and authority to convey and transferthe Property which is the
subject matter of this Agreement , free and clear of all liens and encumbrances .
4 . 2 From and after the Effective Date of this Agreement , Seller shall take no action which
would impair or otherwise affect title to any portion of the Property , and shall record no
documents in the Public Records which would affect title to the Property , without the priorwritten
consent of the County .
4 . 3 There are no existing or pending special assessments affecting the Property , which are or
may be assessed by any governmental authority , water or sewer authority , school district ,
drainage district or any other special taxing district .
5 . Default .
5 . 1 In the event the County shall fail to perFnt-m any of its obligations hereunder , the Seller
shall , at its sole option , be entitled to : ( i ) terminate this Agreement by written notice delivered to
the County at or prior to the Closing Date and thereupon neither the Seiler nor any other person
or party shall have any claim for specific performance , damages , or otherwise against the
County ; or ( ii ) waive the County ' s default and proceed to Closing .
5 . 2 In the event the Seller shall fail to perform any of its obligations hereunder , the County
shall , at its sole option , be entitled to : ( i ) terminate this Agreement by written notice delivered to
the Seller at or prior to the Closing Date and thereupon neither the County nor any other person
or party shall have any claim for specific performance , damages or otherwise against the Seller;
or ( ii ) obtain specific performance of the terms and conditions hereof; or ( iii ) waive the Seller' s
default and proceed to Closing :
6 . Closing .
6 . 1 The closing of the transaction contemplated herein ( " Closing " and " Closing Date" ) shall
take place within 60 days following the Effective Date of this Agreement . The parties agree that
the Closing shall be as follows :
( a ) The Seller shall execute and deliver to the County a warranty deed conveying marketable
title to the Property , free and clear of all liens and encumbrances and in the condition required by
paragraph 3 .
( b ) The Seller shall have removed all of its personal property and equipment from the
Property and Seller shall deliver possession of the Property to County vacant and in the same or
better condition that existed at the Effective Date hereof .
( c ) If Seller is obligated to discharge any encumbrances at or prior to Closing and fails to do
so , County may use a portion of Purchase Price funds to satisfy the encumbrances .
F :\Public Worlcs\Capital Projects\Mist . Agreements\ValenCiaPointe8tl]StRWl - I3-05 .doc 2
( d ) If the Seller is a non - resident alien or foreign entity , Seller shall deliver to the County an
affidavit , in a form acceptable to the County , certifying that the Seller and any interest holders
are not subject to tax under the Foreign Investment and Real Property Tax Act of 1980 .
( e ) The Seiler and the County shall each deliver to the other such other documents or
instruments as may reasonably be required to Close this transaction .
6 . 2 Prorations . All taxes and special assessments which are a lien upon the property on or
prior to the Closing Date ( except current taxes which are not yet due and payable ) shall be paid
by the Seller , If the Closing Date occurs during the time interval commencing on November 2
and ending on December 31 , Seller shall pay all current real estate taxes and special
assessments levied against the Property , prorated based on the " due date " of such taxes
established by the taxing authority having jurisdiction over the Property . If the Closing Date
occurs between January 1 and November 1 , the Seller shall , in accordance with Florida Statutes
section 196 . 295 , pay an amount equal to the current rea ! estate taxes and assessments ,
prorated to the Closing Date .
7 . Closina Costs ; Expenses . County shall be responsible for preparation of all Closing
documents .
7 . 1 County shall pay the following expenses at Closing :
7 . 1 . 1 The cost of recording the warranty deed and any release or satisfaction obtained by
Seller pursuant to this Agreement .
7 . 1 . 2 Documentary Stamps required to be affixed to the warranty deed .
7 . 1 . 3 All costs and premiums forthe owner' s marketability title insurance commitment and
policy , if any .
7 . 2 Seller shall pay the following expenses at or prior to Closing :
7 . 2 . 1 All costs necessary to cure title defect ( s ) or encumbrances , other than the
Permitted Exceptions , and to satisfy or release of record all existing mortgages , liens or
encumbrances upon the Property .
7 . 3 The Seller and County shall each pay their own attorneys ' fees .
8 . Miscellaneous .
8 . 1 Controlling Law . This Agreement shall be construed and enforced in accordance with the
laws of the State of Florida . Venue shall be in Indian River County for all state court matters ,
and in the Southern District of Florida for all federal court matters .
8 . 2 Condemnation . In the event that all or any part of the Property shall be acquired or
condemned for any public or quasi - public use or purpose , or if any acquisition or condemnation
FAPublic Warl<s\CapitalProjects\Misc.Agreements\ValciiciaPointe8tliStRWI - 13-05 . doc 3
proceedings shall be threatened or begun prior to the Closing of this transaction , County shall
have the option to either terminate this Agreement , and the obligations of all parties hereunder
shall cease , or to proceed , subject to all other terms , covenants , conditions , representations and
warranties of this Agreement , to the Closing of the transaction contemplated hereby and receive
title to the Property ; receiving , however , any and all damages , awards or other compensation
arising from or attributable to such acquisition or condemnation proceedings . County shall have
the right to participate in any such proceedings .
8 . 3 Entire Agreement . This Agreement constitutes the entire agreement between the parties
with respect to this transaction and supersedes all prior agreements , written or oral , between the
Seller and the County relating to the subject matter hereof. Any modification or amendment to
this Agreement shall be effective only if in writing and executed by each of the parties .
8 . 4 Assignment and Binding Effect . Neither County nor Seller may assign its rights and
obligations under this Agreement without the prior written consent of the other party . The terms
hereof shell be binding upon and shall inure to the benefit of the parties hereto and their
successors and assigns .
8 . 5 Notices . Any notice shall be deemed duly served if personally served or if mailed by
certified mail , return receipt requested , or if sent via "overnight " courier service or facsimile
transmission , as follows :
If to Seller : Holiday Builders , Inc .
2293 W . Eau Gallie Boulevard , Melbourne , Florida 32935
Attn : Richard W . Hawkes
If to County : Indian River County
184025 1h Street , Vero Beach , FL 32960
Attn : William M . Napier , Right-of-Way Agent
Facsimile # ( 772 ) 778 - 9391
Either party may change the information above by giving written notice of such change as
provided in this paragraph .
8 . 6 Survival and Benefit . Except as otherwise expressly provided herein , each agreement ,
representation or warranty made in this Agreement by or on behalf of either party , or in any
instruments delivered pursuant hereto or in connection herewith , shall survive the Closing Date
and the consummation of the transaction provided for herein . The covenants , agreements and
undertakings of each of the parties hereto are made solely for the benefit of , and may be relied
on only by the other party hereto , its successors and assigns , and are not made for the benefit
of, nor may they be relied upon , by any other person whatsoever .
8 . 7 Attorney' s Fees and Costs . In any claim or controversy arising out of or relating to this
Agreement , each party shall bear its own attorney ' s fees , costs , and expenses .
8 . 8 . Counterparts , This Agreement may be executed in two or more counterparts , each one of
which shall constitute an original .
FAPublic Works\Capital Projects\Misc. Agreements\ValenciaPointe8thStRWI - t3 -05 . doc 4
8 . 9 . County Approval Required : This Agreement is subject to approval by the Indian River
County as set forth in paragraph 2 .
8 . 10 Beneficial Interest Disclosure : In the event Seller is a partnership , limited partnership ,
corporation , trust , or any form of representative capacity whatsoever for others , Seller shall
provide a fully completed , executed , and sworn beneficial interest disclosure statement in the
form attached to this Agreement as an exhibit that complies with all of the previsions of Florida
Statutes Section 286 . 23 prior to approval of this Agreement by the County . However , pursuant
to Florida Statutes Section 286 . 23 ( 3 ) ( a ) , the beneficial interest in any entity registered with the
Federal Securities and Exchange Commission , or registered pursuant to Chapter 517 , Florida
Statutes , whose interest is for sale to the general public , is exempt from disclosure ; and where
the Seller is a non - public entity , that Seller is not required to disclose persons or entities holding
less than five ( 5 % ) percent of the beneficial interest in Seller .
IN WITNESS WHEREOF , the undersigned have executed this Agreement as of the date
first set forth above .
SELLER : COUNTY :
HOLIDAY UILLS , INC . INDI N RIVER COUNTY , F ORIDA
By �-- By : 1.--
.3 M a Thomas S . Lowther , Chairman
ate Signed : Date Signed : March 29 , 2005
Attest : J . K . Barton , Clerk
. F :
By
Deputy Jerk
By
County hl:-Wt W,ay' �;g8nt
. e
Approved:
By
coltry Administrator
App ve s form and ie
Gd mty Attorney
FAPublic Works\Capital Projects\Mise .Agreements\Valenciapointe8thStRWI - 13-05 . doc 5
1 1
N00002'38" E BEL- PORTE PARK SUBDIVISION
20 00' Plat Book 5, Page 22 ,
SW CORNER lJgFWZD. Lateral E . Cana 1 60 ' Pm
SEC . II - 33 - 3q 60 .00' N00002'38" E 564 . 15'
FD R . R . SPIKE 401 20' 7zWest Line Of The Sal /4 Of The Sel /4 Of Sec . If
60'
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�- TRACT B 20' R/W DEDICATED
O Z TO INDIAN RIVER COUNTY, FL .
(PER SEPARATE INSTRUMENT )
LU
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E 40' WIDE RIGHT OF WAY AS DESCRIBED
OW IN O. R. BOOK 431 PAGE 268, PUBLIC RECORDS
V 0. > i OF INDIAN RIVER COUNTY, FLORIDA
Oaw
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LU O NOO" I61360E
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500' 10'36"W 160.00'
40' 20
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40' 500' 10'36 " W 200.00' SOO' 10'BOW 407 . 17'
IV East Line Of Sec . II -33 - 39
S<ETCW OF DESCRIPTION FOR: TRACT A = ( 20 ' Rlu Purchase )
"This is Not A Boundary Survey "
TYPE : SKETCH OF LEGAL DESCRIPTION DWN . BY : PRB
PROJ , NO, 02 - 330 CKD . BY : SAH
DATE : 12/ 15/03 SCALE : 1 " = 100'
THIS PLAT AND REPORT ARE NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED
5EAL OF THE FLORIDA REGISTERED SURVEYOR AND MAPPER NAMED HEREON WNICN SIGNATURE
AND SEAL MAY BE FGUND AT THE END OF THE ATTACHED REPORT,
THE PLAT AND REPORT ARE NOT FULL AND COMPLETE WITHOUT ONE ANOTTIER. �
Legal Description For : Tract A
A PORTION OF LAND LYING IN THE SOUTHEAST ONE - QUARTER OF THE
SOUTHEAST ONE - QUARTER OF SECTION 11 , TOWNSHIP 33 SOUTH , RANGE
3q EAST , INDIAN RIVER COUNTY , FLORIDA AND BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS :
COMMENCING AT THE SOUTHEAST CORNER OF SAID SECTION 11 , TOWNSHIP 33
SOUTH , RANGE 3q EAST , RUN N8q'2B' Oq " W ALONG THE SOUTH LINE OF SAID
SECTION 11 , 235 . 00 FEET , THENCE N00010 ' 36 " E , 60 . 00 FEET TO THE POINT OF
BEGINNING OF i THE HEREIN DESCRIBED PORTION OF LAND , THENCE N8q'28 ' Oq " W
ALONG A LINE: 60 FOOT NORTH OF , AND PARALLEL TO THE SOUTH LINE
OF SAID SECTION II , IOSq . g7 FEET TO A POINT ON THE WEST LINE OF THE
SOUTHEAST ONE - QUARTER OF THE SOUTHEAST ONE - QUARTER OF SAID
SECTION II , SAID LINE ALSO BEING THE EAST LINE OF THE INDIAN RIVER
FARMS WATER CONTROL DISTRICT LATERAL E CANAL 60 FOOT RIGHT OF WAY ,
THENCE N00002 ' 38" E ALONG THE EAST LINE OF SAID INDIAN RIVER FARMS
WATER CONTROL DISTRICT LATERAL E CANAL RIGHT OF WAY , 20 . 00 FEET,
THENCE 58q'28 'Oq " E ALONG A LINE 80 FOOT NORTH OF, AND PARALLEL TO
THE SOUTH LINE OF SAID SECTION II , I0g0 . 02 FEET TO A POINT , THENCE
500' 10 ' 36 " W , 20 . 00 FEET TO THE POINT OF BEGINNING .
SAID PORTION ; OF LAND LYING AND BEING IN INDIAN RIVER COUNTY, FLORIDA ,
CONTAINING 217gq . 15 SQUARE FEET , (0 . 5004 ACRES ) , MORE OR LESS AND
SUBJECT TO EASEMENTS , RESTRICTIONS , RESERVATIONS AND RIGHTS OF WAY
OF RECORD .
Prepared
�y
Houston 4 Bryant , Inc.
EXHIBI I A
PROJ . NO. 02 -330
HOUSTON t I5RYANT. INC.
Land 5urveyors ( LB bg05 )
8436 U . S . Highway I
Sebastian , Florida 32858
TEL : (772 ) 388 - 8603
FAX : ( 772 ) 388 -8604
Report Of Survey For : Tract A, ( 20 ' few P=urchase )
* TYPE OF SURVEY : SKETCH OF LEGAL DESCRIPTION; ("This Is Not A Boundary Survey' )
THIS SURVEY. PERFORMED BY:
HOUSTON BRYANT, INC . L. B . #6905
9436 U .S . HIGHWAY I
E SEBASTIAN; FLORIDA 32958
PROFESSIONAL SURVEYOR * MAPPER IN RESPONSIBLE CHARGE,
R STUART A . HOUSTON , P . L . S . #4490
THE EXPECTED USE OF THE LAND, AS CLASSIFIED IN THE MINIMUM
TECHNICAL STANDARDS (61GI7 -6, FAG) IS SUBURBAN . THE MINIMUM
RELATIVE ACCURACY FOR THIS TYPE OF BOUNDARY SURVEY 15 1 FOOT
IN 71500 . THE MEASUREMENT AND CALCULATION OF A 'CLOSED
GEOMETRIC FIGURE WAS FOUND TO BE IN EXCESS OF THIS ACCURACY
# REQUIREMENT .
THIS SURVEY MEETS OR EXCEEDS ALL APPLICABLE REQUIREMENTS OF
THE MINIMUM; TECHNICAL STANDARDS, AS ESTABLISHED IN CHAPTER
E 61G17 - 61 FLORIDA ADMINISTRATIVE CODE.
ELEVATIONS AND DIMENSIONS SHOWN HEREON ARE MEASURED IN FEET
E AND DECIMAL PARTS THEREOF ,
THE BEARING BASE FOR THIS SURVEY 15 . N89'28'O9"W , ASSUMED ALONG
THE SOUTH LINE OF SEC . II , TWP . 335, RGE, 39E
TH15 SURVEY DOES NOT CERTIFY TO THE EXISTENCE OR LOCATION OF ANY
UNDERGROUND IMPROVEMENTS UTILITIES, FOUNDATIONS, OR ENCROACHMENTS,
X EXCEPT AS SHOWN .
NO INSTRUMENTS OF RECORD REGARDING EASEMENTS, RIGHT -OF - WAYS,
OR OWNERSHIP WERE SUPPLIED TO T14I5 SURVEYOR, EXCEPT AS SHOWN ,
NO TITLE OPINION OR GUARANTEE 15 EXPRESSED OR IMPLIED ,
UNLE55 A COMPARISON IS SHOWN, PLAT VALUES AND MEASURED VALUES
ARE THE SAME .
LEGAL DESCRIPTION PREPARED BY THE SURVEYOR.
+ THE PARCEL . OF LAND SHOWN HEREON APPEARS TO BE IN FLOOD ZONE : "X"
PER FLOOD INSURANCE RATE MAP # 12061CO166 E, DATED MAY 4th , 1989 .
Legend 4 . Abbreviations :
PLS - PROFESSIONAL LAND SURVEYOR
PSM - PROFESSIONAL SURVEYOR 4 MAPPER
LB - LAND SURVEYING BUSINESS
G . R . - COUNTY ROADI �
O . R . - OFFICIAL RECORD
SEC . - SECTION
TWP . - TOWNSHIP
RGE. - RANGE
POC - POINT OF COMMENCEMENT
POB - POINT OF BEGINNING EXHIBI �t
FD - FOUND
R . R . - RAILROAD
R/W - RIGHT OF WAY
IRFWCD - INDIAN RIVER FARMS WATER CONTROL DISTRICT
• - CHANGE OF DIRECTION
I] - CONCRETE MONUMENT (C, M , )
REV . # 1 . ADD NOTE # CORRECT 5W CORNER SECTION 111 - 1 /07/05 , P , R . B ,
PROJ . NO. 021330
HOUSTON 4 BRYANT, INC.
Land Surveyors ' ( LB 6905 ) THIS SURVEY IS NOT VALID WITHOUT THE
91436 U , 5 , Highway I SIGNATURE AND THE ORIGINAL RA15ED SEAL OF
THE FLORIDA LICENSED SURVETOR AND MAPPER
Sebastian , Florida 32958 N ED BELOW
TEL : ( 772 ) 388 - 8603 t JN I (b, IK
FAX : (772 ) 388 -8604 STUART A. HausTaN, RLS, #4490
I
N00'02'38" E BEL- PORTE PARK SUBDIVISION
20 . 00' Plat Book 5 , Page 22 ,
5W CORNER IR.PJJJC.D. Laterad E Canal 60 ' 1 %
SEC . II - 33 - 39 '38" E 584. 15'
FD R . R . SPIKE 401 West Line Of The Sel /4 Of The SCI /4 Of Sec . 11
60'
60'
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m �
GRAPHIC SCALE t00
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100 50
C IN FEET
1 inch = 100ft .
I �
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Proposed
LU
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LU 33 !13 w THE EAST 1 /2 OF THE SE 1 /4 OF
9 ap
SEC , II , THP , 335 , RGE , 39E
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— I TRACT B 20' R/W DEDICATED
O Z -' TO INDIAN RIVER COUNTY, FL.
�ul- p
W V 40' WIDE RIGHT OF WAY AS DESCRIBED
IN O. R.BOOK 43 , PAGE 268, PUBLIC RECORDS
p to W OF INDIAN RIVER COUNTY, FLORIDA
U LU > I (PER SEPARATE INSTRUMENT )
OZw
� z
z Q POINT OF BEGINNING
Uj Q NOO'10'36" E
CL In z 40:00',
5004101360W 180 .00'
900010'36 "W
20 .00'
pinNOT INCLUDEDg
$ N O. R.BOOK 100, PG . 828 Ui i3 to
4O' 500010'36 "W 200 .00' 500010'36" W 407 . 17'
East Line Of Sec , II - 33-39
SKEETCH OF DE6CRIPTI0N FOR. TR4CT B= ( 20 ' Rw Dedication )
" This Is Not A Boundary Survey "
TYPE : SKETCH OF LEGAL DESCRIPTION DWN . BY : PRB
PROD . NO . 02 - 330 CKD . BY : SAN
DATE : 12/ 15/03 SCALE : I " = 100'
V15 PLAT AND REPORT ARE HOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RA15ED
SEAL OF INE FLORIDA :REGISTEM SURVEYOR AND MAPPER NAMED NERWH MICH si"TURE
AND SEAL MAY BE FOUND AT THE END OF THE ATTACHED REPORT,
114E PLAT AND REPORT ARE NOT FULL AND COMPLETE WITIIOVT ONE ANMER MC.
Legal Description For : Tract B
A PORTION OF LAND LYING IN THE SOUTHEAST ONE -QUARTER OF THE
SOUTHEAST ONE - QUARTER OF SECTION II , TOWNSHIP 33 SOUTH , RANGE
3q EAST , INDIAN RIVER COUNTY, FLORIDA AND BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS :
COMMENCING AT THE SOUTHEAST CORNER OF SAID SECTION 11 , TOWNSHIP 33
SOUTH, RANGE 3q EAST, RUN N89' 2810q11W ALONG THE SOUTH 'LINE OF SAID
SECTION 111 235 . 00 FEET, THENCE N00' 10' 36 " E , 40 .00 FEET TO THE POINT OF
BEGINNING OF THE HEREIN DESCRIBED PORTION OF LAND, THENCE N8q62810q11W
ALONG A LINE 40 FOOT NORTH OF , AND PARALLEL TO THE SOUTH LINE
OF SAID SECTION II , IOBq . g2 FEET TO A POINT ON THE WEST LINE OF THE
SOUTHEAST ONE -QUARTER OF THE SOUTHEAST ONE -QUARTER OF SAID
SECTION 11 , SAID LINE AL50 BEING THE EAST LINE OF THE INDIAN RIVER
FARMS WATER CONTROL DISTRICT LATERAL E CANAL 60 FOOT RIGHT OF WAY ,
THENCE N00'Q2 ' 38" E ALONG THE EAST LINE OF SAID INDIAN RIVER FARMS
WATER CONTROL DISTRICT LATERAL E CANAL RIGHT OF WAY, 20 . 00 FEET ,
THENCE SBq'2B10q " E ALONG A LINE 60 FOOT NORTH OF , AND PARALLEL TO
THE SOUTH LINE OF SAID SECTION II , 108q . g7 FEET TO A POINT , THENCE
500' 10 ' 36 " W , 20 . 00 FEET TO THE POINT OF BEGINNING .
SAID PORTION OF LAND LYING AND BEING IN INDIAN RIVER COUNTY , FLORIDA ,
CONTAINING 217gq . 15 SQUARE FEET, (0 . 5004 ACRES ) , MORE OR LESS AND
SUBJECT TO ' EASEMENTS , RESTRICTIONS , RESERVATIONS AND RIGHTS OF WAY
OF RECORD .
Prepa red
>3y
Houston 4 Bryant , Inc .
EXHIBIT B
PROD . NO . 02 - 330
HOUSTON 4 15RY,4NT, INC.
Laid Surveyors ( LB 6805 )
g436 U . S . Highway I
Sebastian , Florida 32958
TEL : (772 ) 388 - 8603
FAX : ( 772 ) 388 -8604 urc
womb
Report of Survey For . Tract S, . ( 20 ' RLu Dedication )
f TYPE OF SURVEY SKETCH OF LEGAL DESCRIPTION; ('This Is Not A Boundciry Survey' )
THI5 5URVEY PERFORMED . BY+
HOUSTON 4 ; BRYANT, INC . L .B. #6905
9436 U . S . HIGHWAY 1
f SEBASTIAN,: FLORIDA 32958
PROFESSIONAL SURVEYOR # MAPPER IN RESPONSIBLE CHARGE :
STUART A . ' HOUSTON, P . L .5 . #4490
THE EXPECTED USE OF THE LAND, AS CLA551FIED IN THE MINIMUM
TECHNICAL STANDARDS (61GI7 -61 FAG) IS SUBURBAN , THE. MINIMUM
RELATIVE ACCURACY FOR THIS TYPE OF BOUNDARY SURVEY IS 1 FOOT
IN 71500. THE MEASUREMENT AND CALCULATION OF A CLOSED
GEOMETRIC FIGURE WAS FOUND TO BE IN EXCESS OF. THIS ACCURACY
REQUIREMENT,
THIS SURVEY ' MEETS OR EXCEEDS ALL APPLICABLE REQUIREMENTS OF
THE MINIMUMTECHNICAL STANDARDS, AS ESTABLISHED IN CHAPTER
f 61G17 - 6 , FLORIDA ADMINISTRATIVE CODE .
ELEVATIONS AND DIMENSIONS SHOWN HEREON ARE MEASURED IN FEET
' AND DECIMAL' PARTS THEREOF .
THE BEARING BASE FOR THIS SURVEY 15v N89'2B'Oq"W , ASSUMED ALONG
« THE SOUTH LINE OF SEC . II , THP . 335, RGE. 39E
THIS SURVEY i DOES NOT CERTIFY TO THE EXISTENCE OR LOCATION OF ANY
UNDERGROUND IMPROVEMENTSs UTILITIES, FOUNDATION51 OR ENCROACHMENTS,
EXCEPT A5 SHOWN .
NO INSTRUMENTS OF RECORD REGARDING EASEMENTS, RIGHT —OF — WAYS
E OR OWNERSHIP WERE SUPPLIED TO THIS SURVEYOR, EXCEPT AS SNOWi .
f NO TITLE OPINION OR GUARANTEE 15 EXPRESSED OR IMPLIED.
UNLESS A COMPARISON 15 SHOWN, PLAT VALUES AND MEASURED VALUES
ARE THE SAME,
LEGAL DESCRIPTION PREPARED BY THE SURVEYOR .
+ THE PARCEL OF LAND SHOWN HEREON APPEARS TO BE IN FLOOD ZONE: "X"
PER FLOOD INSURANCE RATE MAP # 12061CO166 E, DATED MAY 4th. 1989 .
Legend 4 Abbreviations .
PLS - PROFESSIONAL LAND SURVEYOR
PSM - PROFESSIONAL SURVEYOR # MAPPER
LB - LAND ; SURVEYING BUSINESS
C . R . - COUNTY ROAD
O. R . - OFFICIAL RECORD
SEC . - SECTION
TWP . - TOWNSHIP `
RGE . - RANGE
POG - POINT. OF COMMENCEMENT
POB - POINT OF BEGINNING EXHIBIT
FD - FOUND
R . R . - RAILROAD
R/W - RIGHT OF WAY
IRFWCD - INDIAN RIVER FARMS WATER CONTROL DISTRICT
• - CHANCE OF DIRECTION
EI - CONCRETE MONUMENT (C .M . )
REV .# 1 . ADD NOTE # CORRECT SW CORNER SECTION 111 - 1/07/05, P . R .B .
PROJ . NO . 02 - 330
HOUSTON 4 BRYANT, INC.
Land Surveyors ( LB 6905 ) THI5 SURVEY IS NOT VALID WITHOUT TME
9436 U . S . Highway I SIGNATURE AND THE ORIGINAL RAISED SEAL OF
Sebastian Florida 32958 THE FLORIDA LICENSED SURVEYOR AND MAPPER
ED SELOW.
TEL : (772 ) 386-8603 Ib'J 6'S
FAX : (772 ) 388 -8604 STUART A. HOUSTON, P.L.S. #4490