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HomeMy WebLinkAbout2009-224 AGREEMENT TO PURCHASE AND SELL REAL ESTATE THIS AGREEMENT TO PURCHASE AND SELL REAL ESTATE ("_Agreement") is made and entered into as of the 8th day of September , 2009 by and between Michael Ciemko and Diana Ciemko , his wife , (" Sellers ") and Indian River County, a political subdivision of the State of Florida ("County") , 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 1160 43rd Avenue, Vero Beach, County of Indian River, State of Florida and more specifically described in Exhibit "A," containing approximately 1200 square feet, more or less , and all improvements thereon, together with all easements , rights and uses now or hereafter belonging thereto (collectively, the "Property") . 2 . Purchase Price . Effective Date . The purchase price (the "Purchase Price") for the Property shall be FourJhousand-Eight- Hundred Dollars & 00/ 100 ($4 . 800 . 00) . The Purchase Price shall be X . The Effective Date of this Agreement shall be the date upon which the paid on the Closing Dat 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 . 3 . 2 County may order an Ownership and Encumbrance Report with respect to the Property . County shall , within thirty (30) days from receipt of the Ownership and Encumbrance Report, 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 shall 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. 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 transfer the 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 prior written 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. F :\Engineering\Robert Webb\43rd ave . capital\43rd AveA3rd Ave_Land Acquisition\Parcel 160_Ciemko MichaelTurchase Agreement. C iemko. 05 2009 . doe AGREEMENT TO PURCHASE AND SELL REAL ESTATE THIS AGREEMENT TO PURCHASE AND SELL REAL ESTATE ("_Agreement") is made and entered into as of the 8th day of September , 2009 by and between Michael Ciemko and Diana Ciemko , his wife , (" Sellers ") and Indian River County, a political subdivision of the State of Florida ("County") , 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 1160 43rd Avenue, Vero Beach, County of Indian River, State of Florida and more specifically described in Exhibit "A," containing approximately 1200 square feet, more or less , and all improvements thereon, together with all easements , rights and uses now or hereafter belonging thereto (collectively, the "Property") . 2 . Purchase Price . Effective Date . The purchase price (the "Purchase Price") for the Property shall be FourJhousand-Eight- Hundred Dollars & 00/ 100 ($4 . 800 . 00) . The Purchase Price shall be X . The Effective Date of this Agreement shall be the date upon which the paid on the Closing Dat 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 . 3 . 2 County may order an Ownership and Encumbrance Report with respect to the Property . County shall , within thirty (30) days from receipt of the Ownership and Encumbrance Report, 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 shall 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. 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 transfer the 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 prior written 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. F :\Engineering\Robert Webb\43rd ave . capital\43rd AveA3rd Ave_Land Acquisition\Parcel 160_Ciemko MichaelTurchase Agreement. C iemko. 05 2009 . doe 5 , Default. 5 . 1 In the event of a default by the County, the Seller shall be entitled, as its sole remedy hereunder, to terminate this Agreement. and neither the Seller o nls other person or party shall have any claim for specific performance , damages or otherwise aga 5 . 2 the Countys In the event the Seller shall fail to per any of its obligations hereunder. the County shall be entitled to : (i) terminate this Agreement by written notice delivered to the Seller at or (i jr to the Closing Date , and pursue all remedies available hereunder and under applicable law; (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 45 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 . (d) The Seller shall deliver to the County an affidavit, in form acceptable to the County. certifying that the Seller is not a non-resident alien or foreign entity, such that the Seller and such interest holders are not subject to tax under the Foreign Investment and Real Property Tax Act of 1980 . (e) The Seller and the County shall each deliver to the other such other documentsinstruments or as may reasonably be required to close this transaction . 7 . Pre -rations . 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 real estate taxes and assessments , prorated to the Closing Date . 8 . 0 Miscellaneous . 8 . 1 Controlling Law . This Agreement shall be construed and enforced in accordance with the laws of the State of Flo Venuefor all federal codian urt Rive matters * for all state court matters, and in the Southern District of Florida 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 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 FA\Engineering\Robert Webb\43rd ave . capital\43rd Ave\43rd Ave_Land Acquisition\Parcel 160_Ciemko Michael\Purchase Agreement.Ciemko . 052009 .doc _ 5 , Default. 5 . 1 In the event of a default by the County, the Seller shall be entitled, as its sole remedy hereunder, to terminate this Agreement. and neither the Seller o nls other person or party shall have any claim for specific performance , damages or otherwise aga 5 . 2 the Countys In the event the Seller shall fail to per any of its obligations hereunder. the County shall be entitled to : (i) terminate this Agreement by written notice delivered to the Seller at or (i jr to the Closing Date , and pursue all remedies available hereunder and under applicable law; (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 45 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 . (d) The Seller shall deliver to the County an affidavit, in form acceptable to the County. certifying that the Seller is not a non-resident alien or foreign entity, such that the Seller and such interest holders are not subject to tax under the Foreign Investment and Real Property Tax Act of 1980 . (e) The Seller and the County shall each deliver to the other such other documentsinstruments or as may reasonably be required to close this transaction . 7 . Pre -rations . 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 real estate taxes and assessments , prorated to the Closing Date . 8 . 0 Miscellaneous . 8 . 1 Controlling Law . This Agreement shall be construed and enforced in accordance with the laws of the State of Flo Venuefor all federal codian urt Rive matters * for all state court matters, and in the Southern District of Florida 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 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 FA\Engineering\Robert Webb\43rd ave . capital\43rd Ave\43rd Ave_Land Acquisition\Parcel 160_Ciemko Michael\Purchase Agreement.Ciemko . 052009 .doc _ ive title to the Proerty * eement to the Closing of the transaction contemplated her ensaanon arising from or attribuptable Agr and all damages , awards or other comp receiving, however , any to such acquisition or condemnation proceedings . County shall have the right to participate in any such proceedings . tire agreement arties 8 . 3 Entire Af�re�nt• This Agreement constitutesthe en agreements , written or oral, between the with respect to this transaction and supersedes all p Seller and the County relating to the subject matter executed by each l off the piaems amendment to this Agreement shall be effective only if in writing and Y n � c; ment and Binding Effect. Neither County nor Seller may assign its rights and 864tiout prior p The terms obligations under this Agreement nure to the benefit of the parties her t hand their successors hereof shall be binding upon and shall and assigns . ot_ ices . Any notice shall be deemed duly served if personally served or if mailed. by g , s N certified mail , return receipt requested, or if sent via "overnight" courier service , as follows : If to Seller: Michael L . and Diana Ciemko 116043 rd Avenue Vero Beach, Florida 32960 If to County : Indian River County 1841 27th Street, Vero Beach, FL 32960 Attn: Bob Webb Land Acquisition change the information above by giving written notice of such change as provided may Either party in this paragraph. 8 , 6 Survival and Benefit . Except as otherwise expressly byeorlon beha fdherein, each of either partyagreement " green a}. representation or warranty made m this Agreementsurvive instruments delivered pursuant hereto or in connect f r herei ith, Thll covenants , losing D is and the consummation of the transaction provided be on undertakings of each of the parties hereto are made solely and for are not mlade fordthe benefitlofanor only by the other party hereto , its successors and g may they be relied upon, by any other person whatsoever . ut of or relating to this 8 . 7 Attorney' s Fees and Costs . In any claim or controversy arising o Agreement, each party shall bear Its own attorney ' s fees , costs and expenses . 868 . Counterparts • This Agreement may be executed in two or more counterparts , each one of which shall constitute an original . ent is subject to approval by Indian River County as 8 . 9 . County Approval Required : This Agreem set forth in paragraph 2 . 8 . 10 Beneficial Interest Disclosure : In the event whatsoever er is a r partners' Se ler shited all provide corporation, trust, or any form of representative capacity form to full completed, executed, and sworn beneficial in er st the iscl�o s onssure eof FloridaeStatutes S ctdion Y this Agreement as ro exhibit that complies Agreement by with all County . However, pursuant to Florida Statutes 286 . 23 prior to approval of this entity registered with the Federal Securities and Section 286 .23 (3 )(a) , the beneficial interest in any tY g Exchange Commission, or registered pursuant to Chaptledr`517 , Florida the1Selletr is sale to the general public , is exempas, whose interest g non publicentity, that t from disclosure , FA\Engineering\Robert Webb\43rd ave . capital\43rd Ave\43rd Ave_Land Acquisition\Parcel 160_Ciemko Michael\Purchase Agreement.Ciemko . 052009 .doc - ive title to the Proerty * eement to the Closing of the transaction contemplated her ensaanon arising from or attribuptable Agr and all damages , awards or other comp receiving, however , any to such acquisition or condemnation proceedings . County shall have the right to participate in any such proceedings . tire agreement arties 8 . 3 Entire Af�re�nt• This Agreement constitutesthe en agreements , written or oral, between the with respect to this transaction and supersedes all p Seller and the County relating to the subject matter executed by each l off the piaems amendment to this Agreement shall be effective only if in writing and Y n � c; ment and Binding Effect. Neither County nor Seller may assign its rights and 864tiout prior p The terms obligations under this Agreement nure to the benefit of the parties her t hand their successors hereof shall be binding upon and shall and assigns . ot_ ices . Any notice shall be deemed duly served if personally served or if mailed. by g , s N certified mail , return receipt requested, or if sent via "overnight" courier service , as follows : If to Seller: Michael L . and Diana Ciemko 116043 rd Avenue Vero Beach, Florida 32960 If to County : Indian River County 1841 27th Street, Vero Beach, FL 32960 Attn: Bob Webb Land Acquisition change the information above by giving written notice of such change as provided may Either party in this paragraph. 8 , 6 Survival and Benefit . Except as otherwise expressly byeorlon beha fdherein, each of either partyagreement " green a}. representation or warranty made m this Agreementsurvive instruments delivered pursuant hereto or in connect f r herei ith, Thll covenants , losing D is and the consummation of the transaction provided be on undertakings of each of the parties hereto are made solely and for are not mlade fordthe benefitlofanor only by the other party hereto , its successors and g may they be relied upon, by any other person whatsoever . ut of or relating to this 8 . 7 Attorney' s Fees and Costs . In any claim or controversy arising o Agreement, each party shall bear Its own attorney ' s fees , costs and expenses . 868 . Counterparts • This Agreement may be executed in two or more counterparts , each one of which shall constitute an original . ent is subject to approval by Indian River County as 8 . 9 . County Approval Required : This Agreem set forth in paragraph 2 . 8 . 10 Beneficial Interest Disclosure : In the event whatsoever er is a r partners' Se ler shited all provide corporation, trust, or any form of representative capacity form to full completed, executed, and sworn beneficial in er st the iscl�o s onssure eof FloridaeStatutes S ctdion Y this Agreement as ro exhibit that complies Agreement by with all County . However, pursuant to Florida Statutes 286 . 23 prior to approval of this entity registered with the Federal Securities and Section 286 .23 (3 )(a) , the beneficial interest in any tY g Exchange Commission, or registered pursuant to Chaptledr`517 , Florida the1Selletr is sale to the general public , is exempas, whose interest g non publicentity, that t from disclosure , FA\Engineering\Robert Webb\43rd ave . capital\43rd Ave\43rd Ave_Land Acquisition\Parcel 160_Ciemko Michael\Purchase Agreement.Ciemko . 052009 .doc - Seller is not required to disclose persons or entities holding less than five (5 %) percent of the beneficial interest in Seller . IN WITNESS WI-IEREOF , the undersigned have executed this Agreement as of the date first set forth above . SELLERS � INDIAN RISER COUNTY , FLORIDA BO F COUNTY COMMISSIONERS B/ 1,esley S . C) vis , Chairman Michael L . Ciemko Date Signed : _Sei - Date Signed : ' a Gt �l iana iemko Date Signed : ATTEST : �arton, Cl By : e uty Clerk Date Signed : Canttembr 2009 Approv d as to fo and g S ciency : B07 William K . DeBraal Deputy County Attorney l\43rd Ave\43rd Ave Land Acquisition\Parcel 160_Ciemko Michael\Purchas F :\Engineering\Robert Webb\43rd ave . capitae Agreement. Ciemko .052009 . doe Seller is not required to disclose persons or entities holding less than five (5 %) percent of the beneficial interest in Seller . IN WITNESS WI-IEREOF , the undersigned have executed this Agreement as of the date first set forth above . SELLERS � INDIAN RISER COUNTY , FLORIDA BO F COUNTY COMMISSIONERS B/ 1,esley S . C) vis , Chairman Michael L . Ciemko Date Signed : _Sei - Date Signed : ' a Gt �l iana iemko Date Signed : ATTEST : �arton, Cl By : e uty Clerk Date Signed : Canttembr 2009 Approv d as to fo and g S ciency : B07 William K . DeBraal Deputy County Attorney l\43rd Ave\43rd Ave Land Acquisition\Parcel 160_Ciemko Michael\Purchas F :\Engineering\Robert Webb\43rd ave . capitae Agreement. Ciemko .052009 . doe SURVEYOR ' S Nk) TES : 1 . UNLET IT FEARS THE SIGNATURE AND TfIE ORIGINAL RAISED SEAL OF A FLORIDA 1 ( CENSE SURVEYOR AND MAPPER THIS DRAWING , SKETCH , PLAT OR MAP a I3 ( IS FOR INFORMATIONAL PURPOSES ONLY AND IS NOT VALID . y A a, q' •,, I 2 . LANDS SHOWN HEREON WERE NOT ABSTRACTED OR RESEARCHED BY THIS OFFICE FOR RIGHTS — OF - - WAY, EASEMENTS OF RECORD , RESERVATIONS , OWNERSHIP , ABANDONMENT , DEED RESTRICTIONS , ZONING REGULATIONS OR SETBACK LINES , LAND USE PLAN DESIGNATION , ADJOINING DEEDS OR MURPHY ACT DEEDS , THIS SKETCH IS NOT INTENDED TO DELINEA -IE WETLANDS , LOCAL LEGAL DESCRIPTION OF RIGHT— OF — WAY PARCEL #160 : AREAS OF CONCERN OR ANY OTHER JURISDICTIONAL DETERMINATION . A PARCEL OF LAND SITUATE IN SECTION 10 , TOWNSHIP 33 SOUTH , VALID WITHOUT THENOTHERAND SKETCH CONSISTS OF 2 SHEETS AND ONE IS NOT RANGE 39 EAST , INDIAN RIVER COUNTY, FLORIDA , BEING MORE PARTICULARLY DESCRIBED AS FOH OWS : 4 , THIS EXHIBIT DOES NOT INTEND TO REFLECT OR DETERMINE OWNERSHIP , TFIE WEST 10 . 00 FEET OF THE FOLLOWING DESCRIBED PROPERTY; 5 , THIS IS NOT A BOUNDARY SURVEY . THIS IS A SKETCH OF LEGAL DESCRIPTION LOTS 3 AND 4 , BLOCK M , MAI ALUKA GARDENS , ACCORDING TO ONLY , THE PLAT THEREOF ) AS RECORDED IN PLAT BOOK 4 , AT PAGE 1983 10 , 01- THE PUBLIC RECORDS OF INDIAN [RIVER COUNTY , 6 . BEARINGS OF 19{90 ( NADOWNR 83 /90 ) FL,ORIDAE TOATEHPLANEIENT F COORDINATES ,OEAST FLORIDA . E LINE SAID PARCEL CONTAINING 1200 SQUARE FEET MORE OR LESS , ARE EGIVEN ) AS FOR THEEPURPOD E OFIDETERMINING ANGDLESSONLY . RING BASIS AND 7 , THE RIGHT— OF — WAY LEGAL DESCRIPTION WAS PREPARED BY THE SURVEYOR BASED ON 43RD AVENUE PAVING AND DRAINAGE IMPROVEMENT DRAWINGS FOR ENDGANE RIVER COUNTY CATE NG NUMBER BY84OR96R DATED ( FEBRUARY PyATES2 INC . 96JECT NUMBER 05 - 51F , PARE NT _ TRAC( LEGAL DESCRIPTION : ( ORB 1185 PG 1574 8 , PARENT TRACT LEGAL DESCRIPTION BASED ON AN OWNERSHIP & LOTS 3 ANC) 4 , BLOCK M , MALALUKA GARDENS , ACCORDING TO ENCUMBRANCE REPORT ISSUED BY ATLANTIC COASTAL TITLE CORPORATION; FILE THE PLAT (- HEREOF , AS RECORDED IN PLAT BOOK 4 , AT PAGE NUMBER 270761782 EFFECTIVE DATE JUNE 223 2007 . 10 , OF THE PUB ( -IC RECORDS OF INDIAN RIVER COUNTY, Ft ORIDA , CERTIFIED TO : INDIAN RIVER COUNT 'S _ _ v_-' 2 -U - ROGER HAG ;_ L . . ' ' SIGNATURE DATE FLORIDA LICENSE No . 4544 CARTER ASSOCIATES , INC . L . B . 205 R / W PARCEL # 1605 SHEET 1 OF 2 PROJ . N0 . 0:3 CAI� TE �� ASSOCIATES , INC . _- �W�No- CONSULTING ENGINEERS AND LAND SURVEYORS 'Pibo 1708 21ST STREET 772 - 562 - 4191 ( TEL ) �� z VERO BEAM FLORIDA 32960 - 3472 772 - 582 - 7180 FAX NOT A FIELD SURVEY SURVEYOR ' S Nk) TES : 1 . UNLET IT FEARS THE SIGNATURE AND TfIE ORIGINAL RAISED SEAL OF A FLORIDA 1 ( CENSE SURVEYOR AND MAPPER THIS DRAWING , SKETCH , PLAT OR MAP a I3 ( IS FOR INFORMATIONAL PURPOSES ONLY AND IS NOT VALID . y A a, q' •,, I 2 . LANDS SHOWN HEREON WERE NOT ABSTRACTED OR RESEARCHED BY THIS OFFICE FOR RIGHTS — OF - - WAY, EASEMENTS OF RECORD , RESERVATIONS , OWNERSHIP , ABANDONMENT , DEED RESTRICTIONS , ZONING REGULATIONS OR SETBACK LINES , LAND USE PLAN DESIGNATION , ADJOINING DEEDS OR MURPHY ACT DEEDS , THIS SKETCH IS NOT INTENDED TO DELINEA -IE WETLANDS , LOCAL LEGAL DESCRIPTION OF RIGHT— OF — WAY PARCEL #160 : AREAS OF CONCERN OR ANY OTHER JURISDICTIONAL DETERMINATION . A PARCEL OF LAND SITUATE IN SECTION 10 , TOWNSHIP 33 SOUTH , VALID WITHOUT THENOTHERAND SKETCH CONSISTS OF 2 SHEETS AND ONE IS NOT RANGE 39 EAST , INDIAN RIVER COUNTY, FLORIDA , BEING MORE PARTICULARLY DESCRIBED AS FOH OWS : 4 , THIS EXHIBIT DOES NOT INTEND TO REFLECT OR DETERMINE OWNERSHIP , TFIE WEST 10 . 00 FEET OF THE FOLLOWING DESCRIBED PROPERTY; 5 , THIS IS NOT A BOUNDARY SURVEY . THIS IS A SKETCH OF LEGAL DESCRIPTION LOTS 3 AND 4 , BLOCK M , MAI ALUKA GARDENS , ACCORDING TO ONLY , THE PLAT THEREOF ) AS RECORDED IN PLAT BOOK 4 , AT PAGE 1983 10 , 01- THE PUBLIC RECORDS OF INDIAN [RIVER COUNTY , 6 . BEARINGS OF 19{90 ( NADOWNR 83 /90 ) FL,ORIDAE TOATEHPLANEIENT F COORDINATES ,OEAST FLORIDA . E LINE SAID PARCEL CONTAINING 1200 SQUARE FEET MORE OR LESS , ARE EGIVEN ) AS FOR THEEPURPOD E OFIDETERMINING ANGDLESSONLY . RING BASIS AND 7 , THE RIGHT— OF — WAY LEGAL DESCRIPTION WAS PREPARED BY THE SURVEYOR BASED ON 43RD AVENUE PAVING AND DRAINAGE IMPROVEMENT DRAWINGS FOR ENDGANE RIVER COUNTY CATE NG NUMBER BY84OR96R DATED ( FEBRUARY PyATES2 INC . 96JECT NUMBER 05 - 51F , PARE NT _ TRAC( LEGAL DESCRIPTION : ( ORB 1185 PG 1574 8 , PARENT TRACT LEGAL DESCRIPTION BASED ON AN OWNERSHIP & LOTS 3 ANC) 4 , BLOCK M , MALALUKA GARDENS , ACCORDING TO ENCUMBRANCE REPORT ISSUED BY ATLANTIC COASTAL TITLE CORPORATION; FILE THE PLAT (- HEREOF , AS RECORDED IN PLAT BOOK 4 , AT PAGE NUMBER 270761782 EFFECTIVE DATE JUNE 223 2007 . 10 , OF THE PUB ( -IC RECORDS OF INDIAN RIVER COUNTY, Ft ORIDA , CERTIFIED TO : INDIAN RIVER COUNT 'S _ _ v_-' 2 -U - ROGER HAG ;_ L . . ' ' SIGNATURE DATE FLORIDA LICENSE No . 4544 CARTER ASSOCIATES , INC . L . B . 205 R / W PARCEL # 1605 SHEET 1 OF 2 PROJ . N0 . 0:3 CAI� TE �� ASSOCIATES , INC . _- �W�No- CONSULTING ENGINEERS AND LAND SURVEYORS 'Pibo 1708 21ST STREET 772 - 562 - 4191 ( TEL ) �� z VERO BEAM FLORIDA 32960 - 3472 772 - 582 - 7180 FAX NOT A FIELD SURVEY ' COUNTYA77ORNEY' S OFFICE 01 'S°3 THIS DOCUMENT HAS i3 = EN INDIAN RIVER COUNTY RECORDED Ir, THE Pt :3 _ IC RE 1801 27th Street OF IVDIAN RIVER COL %1 FY FL BK 2367 PG 2304 , Pa1I ' of 2 Vero Beach , Florida 32960 09, 1 1 <009 at 0441 F' M ' DOCT TEMPORARY CONSTRUCTION EASEMENT so 70 JEFFREY K BAR i ON , GI- = RK ORARY CONSTRUCTION , made NT This TA .D . , 200 9 by Michael Ciemkol EMP �v n �sp ' acr' eS ' ` 8th day of September 1163 43r° Avenue . Vero Beach . Florida 32960 hereinafter Florida WeTaOxso Indian 1840 River County , a political subdivision of the to is ) jth Street , Vero Beach, Florida 32960 , hereinafter called GRANTEE , WITNESSETH : That GRANTOR, for and in consideration of the sum of ONE DOLLAR and other o the consideration, receipt of which is hereby aclmowled �SEMENT on, overanacross ,es hereby and GRANTEE aTEMPORARY CONSTRUCTION E beneath the following described land, situate in Indian River County , Florida; to -wit : E XHIBIT " g" ATTACHED HERETO AND MADE A PART HEREOF This easement is for purposes of installation of a drainage inlet This easement shall exist only until the completion of the construction work for the 43rd Avenue project, County Project No . 9601 . e GRANTOR IN WITNESS WHEREOF the has herein set its hand and seal the day and year first above written , sealed, and delivered iF Signed, 1 in the presence f: i ,�tif d Grantor Signature Witness Si �w®nor_" Printed Name : Michael Ciemko Printed Name : Witness Signatur A ^° Printed Nam 0K (ZEA STATE OF FLORIDA COUNTY OF INDIAN RIVER rcn foregoing instrument was acla�owledged before me this day ofjt! The fn g , v on behalf of same , anyshe/they/ isi are � 0Cq , by � Il It�} E � ci C� as identification . persona y known 0 me or produced Sign : otary Public Printed name & Commission APPROVED AS TO FORM "ft* 77ACY M. BUCK AN E ALS F au p iPaY Pbs1/. Notary Public Sta;e of F{orida Expires Jun My Commission Exp 6 , 2010 • , BY s ,r commission # Dd561093 WILLIAM K . DEBRAAL F Bonded By National Notary s sn . DEPUTY COUNTY ATTORNEY .. ' COUNTYA77ORNEY' S OFFICE 01 'S°3 THIS DOCUMENT HAS i3 = EN INDIAN RIVER COUNTY RECORDED Ir, THE Pt :3 _ IC RE 1801 27th Street OF IVDIAN RIVER COL %1 FY FL BK 2367 PG 2304 , Pa1I ' of 2 Vero Beach , Florida 32960 09, 1 1 <009 at 0441 F' M ' DOCT TEMPORARY CONSTRUCTION EASEMENT so 70 JEFFREY K BAR i ON , GI- = RK ORARY CONSTRUCTION , made NT This TA .D . , 200 9 by Michael Ciemkol EMP �v n �sp ' acr' eS ' ` 8th day of September 1163 43r° Avenue . Vero Beach . Florida 32960 hereinafter Florida WeTaOxso Indian 1840 River County , a political subdivision of the to is ) jth Street , Vero Beach, Florida 32960 , hereinafter called GRANTEE , WITNESSETH : That GRANTOR, for and in consideration of the sum of ONE DOLLAR and other o the consideration, receipt of which is hereby aclmowled �SEMENT on, overanacross ,es hereby and GRANTEE aTEMPORARY CONSTRUCTION E beneath the following described land, situate in Indian River County , Florida; to -wit : E XHIBIT " g" ATTACHED HERETO AND MADE A PART HEREOF This easement is for purposes of installation of a drainage inlet This easement shall exist only until the completion of the construction work for the 43rd Avenue project, County Project No . 9601 . e GRANTOR IN WITNESS WHEREOF the has herein set its hand and seal the day and year first above written , sealed, and delivered iF Signed, 1 in the presence f: i ,�tif d Grantor Signature Witness Si �w®nor_" Printed Name : Michael Ciemko Printed Name : Witness Signatur A ^° Printed Nam 0K (ZEA STATE OF FLORIDA COUNTY OF INDIAN RIVER rcn foregoing instrument was acla�owledged before me this day ofjt! The fn g , v on behalf of same , anyshe/they/ isi are � 0Cq , by � Il It�} E � ci C� as identification . persona y known 0 me or produced Sign : otary Public Printed name & Commission APPROVED AS TO FORM "ft* 77ACY M. BUCK AN E ALS F au p iPaY Pbs1/. Notary Public Sta;e of F{orida Expires Jun My Commission Exp 6 , 2010 • , BY s ,r commission # Dd561093 WILLIAM K . DEBRAAL F Bonded By National Notary s sn . DEPUTY COUNTY ATTORNEY .. Exhibit " 6 " Temporary Construction Easement AP arcel of Land Situate in Section 10 , Township 33 South , Range 39 East , Indian River County , Florida, Being more particularly described as follows : The west 10 . 00 Feet of Lots 3 and 4 , Block M, Malaluka Gardens , According to The Plat, Thereof, as Recorded in Plat Book 4 , At Page 10 , of the Public Records of Indian River County , Florida Exhibit " 6 " Temporary Construction Easement AP arcel of Land Situate in Section 10 , Township 33 South , Range 39 East , Indian River County , Florida, Being more particularly described as follows : The west 10 . 00 Feet of Lots 3 and 4 , Block M, Malaluka Gardens , According to The Plat, Thereof, as Recorded in Plat Book 4 , At Page 10 , of the Public Records of Indian River County , Florida RAN —43rd Avenue Parcel # 160 Part of Tax Parcel IDs #33391000015001300003 . 0 2056758 Instrument prepared by and should be THIS DOCUMENT HAS BEEN returned to the County Attorney's Office RECORDED IN THE PUBLIC REGCIR ;' ` OF INDIAN RIVER COUNTY FL BK2409 PG 2278 . Pagel of 4 04%05,12010 at 10. 36 AM , D DCCTA. k F1 '' $33 . 60 JEFFREY K BARTON , CLERK OF Cr ; i ; p: STATUTORY WARRANTY DEED day of O �UI & 2010 , between MICHAEL L . THIS INDENTURE , made this is 0 CIEMKO , joined by his wife DIANA CIEMKO , whose address political subdivision v si n of the Beach , FL 32960 , GRANTOR , and INDIAN RIVER COUNTY, a p State of Florida , 1801 27th Street , Vero Beach , FL 32960 , GRANTEE , of ur Thousand WITNESSETH THAT : GRANTOR , for and in consideration the and valuable �onsiderat on to Eight Hundred and 001100 Dollars for the Land and good GRANTOR in hand paid by GRANTEE , the receipt of which is hereby acknowledged , has ssors granted , bargained , and sold to the GRANTEE , and GRANTEE ' Sin Indian River County ,nassigns Florida forever , the following described land , situate , lying , SEE EXHIBITS " A" ATTACHED HERETO AND MADE A PART HEREOF AND GRANTOR does hereby fully warrant the title sonsthe whland msoeve� h' on xhibit " A , " and will defend the same against the lawful claims of all pe u se e Signed in t By sign : - I Michael L . Cie kc wit ; arvt lie . Witness printed n ' e : k sign : Witness ess. w printed name : SAt-+�- BAwlDiana Ciemko � ~ P sign _ I Witness !c` printed n e : L , J' A �� �= `z � sign : it Wness printed name : Sa ,14 rA. STATE OF FLORIDA COUNTY OF INDIAN RIVER day of f The foregoing instrument was acknowledged before or this me MICHAEL L . CIEMKO , He Is personally known as identificatiom f sign Notary Public : Affix stamped seal with printed name , Lav� �► i►ry, Notary Public state of Fbnda commission # & expiration date : Sandra L Wright love My Commission DD782133or f xp res 06/03/2012 RAN —43rd Avenue Parcel # 160 Part of Tax Parcel IDs #33391000015001300003 . 0 2056758 Instrument prepared by and should be THIS DOCUMENT HAS BEEN returned to the County Attorney's Office RECORDED IN THE PUBLIC REGCIR ;' ` OF INDIAN RIVER COUNTY FL BK2409 PG 2278 . Pagel of 4 04%05,12010 at 10. 36 AM , D DCCTA. k F1 '' $33 . 60 JEFFREY K BARTON , CLERK OF Cr ; i ; p: STATUTORY WARRANTY DEED day of O �UI & 2010 , between MICHAEL L . THIS INDENTURE , made this is 0 CIEMKO , joined by his wife DIANA CIEMKO , whose address political subdivision v si n of the Beach , FL 32960 , GRANTOR , and INDIAN RIVER COUNTY, a p State of Florida , 1801 27th Street , Vero Beach , FL 32960 , GRANTEE , of ur Thousand WITNESSETH THAT : GRANTOR , for and in consideration the and valuable �onsiderat on to Eight Hundred and 001100 Dollars for the Land and good GRANTOR in hand paid by GRANTEE , the receipt of which is hereby acknowledged , has ssors granted , bargained , and sold to the GRANTEE , and GRANTEE ' Sin Indian River County ,nassigns Florida forever , the following described land , situate , lying , SEE EXHIBITS " A" ATTACHED HERETO AND MADE A PART HEREOF AND GRANTOR does hereby fully warrant the title sonsthe whland msoeve� h' on xhibit " A , " and will defend the same against the lawful claims of all pe u se e Signed in t By sign : - I Michael L . Cie kc wit ; arvt lie . Witness printed n ' e : k sign : Witness ess. w printed name : SAt-+�- BAwlDiana Ciemko � ~ P sign _ I Witness !c` printed n e : L , J' A �� �= `z � sign : it Wness printed name : Sa ,14 rA. STATE OF FLORIDA COUNTY OF INDIAN RIVER day of f The foregoing instrument was acknowledged before or this me MICHAEL L . CIEMKO , He Is personally known as identificatiom f sign Notary Public : Affix stamped seal with printed name , Lav� �► i►ry, Notary Public state of Fbnda commission # & expiration date : Sandra L Wright love My Commission DD782133or f xp res 06/03/2012 STATE OF FLORIDA COUNTY OF INDIAN RIVER me ay+vL day of The foregoing instrument was acknowledgedir beforeknown to this ro produced 2010 , by DIANA CIEMKO . as identification . sign Notary Public : Affix stamped seal with printed name , commission # & expiration date: �ygY °Uy� Nli191Y t' 1ikIIG ,;1.aa Of FIOfId8 r sn01a ' Jih� ht z � DD 7t3 �X7 ,3 � Nry ori , mi ;ziott ����' ovt�°4 lrxpdG - uGiLi ., 2012 STATE OF FLORIDA COUNTY OF INDIAN RIVER me ay+vL day of The foregoing instrument was acknowledgedir beforeknown to this ro produced 2010 , by DIANA CIEMKO . as identification . sign Notary Public : Affix stamped seal with printed name , commission # & expiration date: �ygY °Uy� Nli191Y t' 1ikIIG ,;1.aa Of FIOfId8 r sn01a ' Jih� ht z � DD 7t3 �X7 ,3 � Nry ori , mi ;ziott ����' ovt�°4 lrxpdG - uGiLi ., 2012 SKETCH A \ D DESCRIPTIO \ SURVEYOR ' S NOTES : _ - - UNLESS IT BEARS THE SIGNATURE AND FLORIDA LICENSED SURVEYOR AND Mtt%, PPE 1 HIS DRAWING , SKEC " , O .R r� A IS FOR INFORMATIONAL PURPOSES ONLY AND IS NOT VALID . 2 LANDS SHOWN HEREON WERE NOT ABSTRACTED OR RESEARCHED BY THIS OFFICE FOR RIGHTS - OF - WAY , EASEMENTS OF RECORD , RESERVATIONS , OWNERSHIP , ABANDONMENT , DEED RESTRICTIONS , ZONING REGULATIONS OR SETBACK LINES , LAND USE PLAN DESIGNATION , ADJOINING DEEDS OR MURPHY ACT DEEDS . THIS SKETCH IS NOT INTENDED TO DELINEATE WETLANDS , LOCAL LEGAL DESCRIPTION OF RIGHT- OF - WAY PARCEL #160 : AREAS OF CONCERN OR ANY OTHER JURISDICTIONAL DETERMINATION . A PARCEL OF LAND SITUATE IN SECTION 10 , TOWNSHIP 33 SOUTH , 3 , THIS DESCRIPTION AND SKETCH CONSISTS OF 2 SHEETS AND ONE IS NOT RANGE 39 EAST , INDIAN RIVER COUNTY , FLORIDA , BEING MORE VALID WITHOUT THE OTHER . PARTICULARLY DESCRIBED AS FOLLOWS : 4 . THIS EXHIBIT DOES NOT INTEND TO REFLECT OR DETERMINE OWNERSHIP . THE WEST 10 . 00 FEET OF THE FOLLOWING DESCRIBED PROPERTY; 5 . THIS IS NOT A BOUNDARY SURVEY . THIS IS A SKETCH OF LEGAL DESCRIPTION LOTS 3 AND 4 , BLOCK M , MALALUKA GARDENS , ACCORDING TO ONLY . THE PLAT THEREOF , AS RECORDED IN PLAT BOOK 4 , AT PAGE ( I F Sun Ni ) ARE BASED ON THE NORTH AMERICAN DATUM OF 1983 10 , OF THE PUBLIC RECORDS OF INDIAN RIVER COUNTY , 6 . BEARINGS . W . FLORIDA . ADJUSTMENT OF 1990 ( NAD 83 / 90 ) FLORIDA STATE PLANE COORDINATES , EAST ZONE ( 901 ) AS REFERENCED TO THE LINE INDICATED AS " BEARING BASIS " AND SAI !� PARCEL CONTAINING 1200 SQUARE FEET MORE OR LESS . ARE GIVEN FOR THE PURPOSE OF DETERMINING ANGLES ONLY . 7 . THE RIGHT- OF - WAY LEGAL DESCRIPTION WAS PREPARED BY THE SURVEYOR BASED ON 43RD AVENUE PAVING AND DRAINAGE IMPROVEMENT DRAWINGS FOR INDIAN RIVER COUNTY BY CARTER ASSOCIATES , INC . PROJECT NUMBER OS - 51E , ENGINEERING NUMBER E - 840 - 96 , DATED FEBRUARY 1996 . PARENT TRACT LEGAL DESCRIPTION ( ORB 1185 PG 1574) 8 , PARENT TRACT LEGAL DESCRIPTION BASED ON AN OWNERSHIP LOTS 3 AND 4 , BLOCK M , MALALUKA GARDENS , ACCORDING TO ENCUMBRANCE REPORT ISSUED BY ATLANTIC COASTAL TITLE CORPORATION , FILE THE PLAT THEREOF , AS RECORDED IN PLAT BOOK 4 , AT PAGE NUMBER 27076178 , EFFECTIVE DATE JUNE 22 , 2007 . 10 , OF THE PUBLIC RECORDS OF INDIAN RIVER COUNTY , FLORIDA . CERTIFIED T0 : ~ INDIAN RIVER COUNTY w - 22 - U ROGER HAGLSIGNATURE DATE FLORIDA LICENSE No ' : 4544 CARTER A. SSOCIATr= S , INC . L : B . 205 M R / W PARCEL, # 160 , SHEET 1 OF 2 Ll f W 0, CARTER ASSOCIATES , INC.-* � CONSULTING ENGINEERS AND LAND SURVEYORS 1708 21ST STREET 772 - 562 - 4191 ( TEL ) NOT A FIELD SURVEY a/\. VERO BEACH , FLORIDA 32960 - 3472 772 - 562 - 7180 ( FAX ) SKETCH A \ D DESCRIPTIO \ SURVEYOR ' S NOTES : _ - - UNLESS IT BEARS THE SIGNATURE AND FLORIDA LICENSED SURVEYOR AND Mtt%, PPE 1 HIS DRAWING , SKEC " , O .R r� A IS FOR INFORMATIONAL PURPOSES ONLY AND IS NOT VALID . 2 LANDS SHOWN HEREON WERE NOT ABSTRACTED OR RESEARCHED BY THIS OFFICE FOR RIGHTS - OF - WAY , EASEMENTS OF RECORD , RESERVATIONS , OWNERSHIP , ABANDONMENT , DEED RESTRICTIONS , ZONING REGULATIONS OR SETBACK LINES , LAND USE PLAN DESIGNATION , ADJOINING DEEDS OR MURPHY ACT DEEDS . THIS SKETCH IS NOT INTENDED TO DELINEATE WETLANDS , LOCAL LEGAL DESCRIPTION OF RIGHT- OF - WAY PARCEL #160 : AREAS OF CONCERN OR ANY OTHER JURISDICTIONAL DETERMINATION . A PARCEL OF LAND SITUATE IN SECTION 10 , TOWNSHIP 33 SOUTH , 3 , THIS DESCRIPTION AND SKETCH CONSISTS OF 2 SHEETS AND ONE IS NOT RANGE 39 EAST , INDIAN RIVER COUNTY , FLORIDA , BEING MORE VALID WITHOUT THE OTHER . PARTICULARLY DESCRIBED AS FOLLOWS : 4 . THIS EXHIBIT DOES NOT INTEND TO REFLECT OR DETERMINE OWNERSHIP . THE WEST 10 . 00 FEET OF THE FOLLOWING DESCRIBED PROPERTY; 5 . THIS IS NOT A BOUNDARY SURVEY . THIS IS A SKETCH OF LEGAL DESCRIPTION LOTS 3 AND 4 , BLOCK M , MALALUKA GARDENS , ACCORDING TO ONLY . THE PLAT THEREOF , AS RECORDED IN PLAT BOOK 4 , AT PAGE ( I F Sun Ni ) ARE BASED ON THE NORTH AMERICAN DATUM OF 1983 10 , OF THE PUBLIC RECORDS OF INDIAN RIVER COUNTY , 6 . BEARINGS . W . FLORIDA . ADJUSTMENT OF 1990 ( NAD 83 / 90 ) FLORIDA STATE PLANE COORDINATES , EAST ZONE ( 901 ) AS REFERENCED TO THE LINE INDICATED AS " BEARING BASIS " AND SAI !� PARCEL CONTAINING 1200 SQUARE FEET MORE OR LESS . ARE GIVEN FOR THE PURPOSE OF DETERMINING ANGLES ONLY . 7 . THE RIGHT- OF - WAY LEGAL DESCRIPTION WAS PREPARED BY THE SURVEYOR BASED ON 43RD AVENUE PAVING AND DRAINAGE IMPROVEMENT DRAWINGS FOR INDIAN RIVER COUNTY BY CARTER ASSOCIATES , INC . PROJECT NUMBER OS - 51E , ENGINEERING NUMBER E - 840 - 96 , DATED FEBRUARY 1996 . PARENT TRACT LEGAL DESCRIPTION ( ORB 1185 PG 1574) 8 , PARENT TRACT LEGAL DESCRIPTION BASED ON AN OWNERSHIP LOTS 3 AND 4 , BLOCK M , MALALUKA GARDENS , ACCORDING TO ENCUMBRANCE REPORT ISSUED BY ATLANTIC COASTAL TITLE CORPORATION , FILE THE PLAT THEREOF , AS RECORDED IN PLAT BOOK 4 , AT PAGE NUMBER 27076178 , EFFECTIVE DATE JUNE 22 , 2007 . 10 , OF THE PUBLIC RECORDS OF INDIAN RIVER COUNTY , FLORIDA . CERTIFIED T0 : ~ INDIAN RIVER COUNTY w - 22 - U ROGER HAGLSIGNATURE DATE FLORIDA LICENSE No ' : 4544 CARTER A. SSOCIATr= S , INC . L : B . 205 M R / W PARCEL, # 160 , SHEET 1 OF 2 Ll f W 0, CARTER ASSOCIATES , INC.-* � CONSULTING ENGINEERS AND LAND SURVEYORS 1708 21ST STREET 772 - 562 - 4191 ( TEL ) NOT A FIELD SURVEY a/\. VERO BEACH , FLORIDA 32960 - 3472 772 - 562 - 7180 ( FAX ) SKETCH \ I I� ESCFI � ' (II ' - - — - - — - - — - - — I 43RD AVENUE o o N I I I2 - - - l 7101 I 1n I � VALENCIA PARK I , o LOT 4 LOT LOT 6 j LOT 5 3 LOT 2 LOT 1 BLOC " 8" LCT 9 LOT 8 LOT 7 I 30' 30' o I D n 35 35 rr -i i I I I I I I N D i i i MALALUKA GARDENS BLOCK " M " ( PB . 41 PG . 10 ) 33 - 39 - 10 - 00015 - 0013 - 00003 . 0 ORB 1185 , PG 1574 MICHAEL CIEMKO 1160 43rd AVE . VERO BEACH , FL 32960 R /W PARCEL # 160 CRID NORTH SCALE : 1 " = 100 ' LEGEND : LijW P . O . B . = POINT OF BEGINNING P . O . C . = POINT OF COMMENCEMENT R /W = RIGHT - OF - WAY NOT A FIELD SURVEY O . R . B . = OFFICIAL RECORDS BOOK R / W PARCEL 160 , SHEET 2 OF 2 7771 N7 CARTER ASSOCIATES , IN tea » A CONSULTING ENGINEERS AND LAND SURVEYORSa t � 772 - 562 - 4191 ( TEL ) 1708 21ST STREET VERO BEACH , FLORIDA 32960 - 3472 772 - 562 - 7180 ( FAX ) SKETCH \ I I� ESCFI � ' (II ' - - — - - — - - — - - — I 43RD AVENUE o o N I I I2 - - - l 7101 I 1n I � VALENCIA PARK I , o LOT 4 LOT LOT 6 j LOT 5 3 LOT 2 LOT 1 BLOC " 8" LCT 9 LOT 8 LOT 7 I 30' 30' o I D n 35 35 rr -i i I I I I I I N D i i i MALALUKA GARDENS BLOCK " M " ( PB . 41 PG . 10 ) 33 - 39 - 10 - 00015 - 0013 - 00003 . 0 ORB 1185 , PG 1574 MICHAEL CIEMKO 1160 43rd AVE . VERO BEACH , FL 32960 R /W PARCEL # 160 CRID NORTH SCALE : 1 " = 100 ' LEGEND : LijW P . O . B . = POINT OF BEGINNING P . O . C . = POINT OF COMMENCEMENT R /W = RIGHT - OF - WAY NOT A FIELD SURVEY O . R . B . = OFFICIAL RECORDS BOOK R / W PARCEL 160 , SHEET 2 OF 2 7771 N7 CARTER ASSOCIATES , IN tea » A CONSULTING ENGINEERS AND LAND SURVEYORSa t � 772 - 562 - 4191 ( TEL ) 1708 21ST STREET VERO BEACH , FLORIDA 32960 - 3472 772 - 562 - 7180 ( FAX ) 2056757 Prepared by and return to: THIS DOCUMENT HAS BEEN Indian d by and ret u ttorney 's Office RECORDED IN THE PUBLIC RECO D ' OF INDIAN RIVER COUNTY of? R/W _ 43rd Avenue BK' 2409 at 102 6 04i05f2010 at 10.36 AM , Part of Tax Parccl ID # 33391000015001300003 . 0 ARTON , CLERK OF JEFFREY K B ARTIA L RELEASE OF MORTGAGE 0 No to Chase Home Finance LLC , Successor by Merger to * whose address is 1e executed Floor , Monroe , LA 71201 , owner and olds Cf a KO , reccertain orded in O . R . Book Street , 3 Jointed by his wife D " Mort a e" for by MICHAEL L . CIEMKO j of which is 1575 , of the public records of Indian River County , Florida ( g g 1185 , Page the receipt and sufficiency the and in consideration of Ten Dollars , d hereby releases and discharges from the lien of that Mortgage acknowledged7 following described property : Corporation . * Chase Manhattan Mortgage SEE EXHIBIT " A " ATTACHED HERETO AND MADE A PART HEREOF shall in no way impair , alter , or diminish the effect of the remises , or en or This partial releaseportion of the mortgaged p Merger on the * Chase Home Finance LLC Successor by encumbrance of the rs of age Mortgage !� aiChaing p any ri of the holde oration . t C a Man ttan Mortgage Corp sl Witness rF -- print name : Pam Cowart F. z ' B sign name :Lisa Fer ington Witness vice Pre ident Niole scurfield title : print name : STATE OF Louisiana COUNTY OF Ouachita Parish Of instrument was acknowledged before me this 12t_ h- day The foregoing as vice President Of , 201ol by Lisa Ferri ton merger to sanuary Merg who personally known o m Chase Home Finance LLC Successor by * Chase Manhattan Mortgage Corporation . � /IV J NOTARY PUBLIC (sign I tao ed seal with printed name , . stamp goods l commission number & expiration date : 2056757 Prepared by and return to: THIS DOCUMENT HAS BEEN Indian d by and ret u ttorney 's Office RECORDED IN THE PUBLIC RECO D ' OF INDIAN RIVER COUNTY of? R/W _ 43rd Avenue BK' 2409 at 102 6 04i05f2010 at 10.36 AM , Part of Tax Parccl ID # 33391000015001300003 . 0 ARTON , CLERK OF JEFFREY K B ARTIA L RELEASE OF MORTGAGE 0 No to Chase Home Finance LLC , Successor by Merger to * whose address is 1e executed Floor , Monroe , LA 71201 , owner and olds Cf a KO , reccertain orded in O . R . Book Street , 3 Jointed by his wife D " Mort a e" for by MICHAEL L . CIEMKO j of which is 1575 , of the public records of Indian River County , Florida ( g g 1185 , Page the receipt and sufficiency the and in consideration of Ten Dollars , d hereby releases and discharges from the lien of that Mortgage acknowledged7 following described property : Corporation . * Chase Manhattan Mortgage SEE EXHIBIT " A " ATTACHED HERETO AND MADE A PART HEREOF shall in no way impair , alter , or diminish the effect of the remises , or en or This partial releaseportion of the mortgaged p Merger on the * Chase Home Finance LLC Successor by encumbrance of the rs of age Mortgage !� aiChaing p any ri of the holde oration . t C a Man ttan Mortgage Corp sl Witness rF -- print name : Pam Cowart F. z ' B sign name :Lisa Fer ington Witness vice Pre ident Niole scurfield title : print name : STATE OF Louisiana COUNTY OF Ouachita Parish Of instrument was acknowledged before me this 12t_ h- day The foregoing as vice President Of , 201ol by Lisa Ferri ton merger to sanuary Merg who personally known o m Chase Home Finance LLC Successor by * Chase Manhattan Mortgage Corporation . � /IV J NOTARY PUBLIC (sign I tao ed seal with printed name , . stamp goods l commission number & expiration date : - W , PEED PARCEL NO . 160" ) OSED R . O GEL'. ✓ CRIPTION: (" PROP T THEREOF , AS RECORDED IN CELBE'' FOLLOVI1NC' DESCRIBED PAR TO THE PLA FLORIDA . " p�QU1SITION PAR OF TH�LUKA GARDENS , ACCORDING RIVER COUNTY , gT 10 . 00 FEET CORDS OF INDIAN -V"E 3 AND 4 , BLOCK M , 0 OF THE PUBLIC RE ` 4 , AT PAGE 10 , OR 0 . 03 ACRES PLAT BOOK 200 . 00 SQ . FT . CONTAINING 1 , EXHIBIT A z CEL DE SCRIPTION : (" PROPOSED R. O . W. DEED PARCEL NO . 160" ) AQUISITION PAR n THE WEST 10 . 00 FEET OF THE FOLLOWING DESCRIBED PARCEL: " LOT 3 AND 4 , BLOCK M , MALALUKA GRECORD ACCINDIAN RIVER COUNTY ,NG TO THE PLAT OLORIDA . 'ECORDED IN / a PLAT BOOK 41 AT PAGE 10 , OF THE PUBLICn CONTAINING 1 , 200 . 00 SQ . FT , OR 0 . 03 ACRES - _ - -- - - - - - - -- - - - - - - - J u, 43RD AVENUE - _ - - - - - - - q (RIGH ( -- OF- WAY VARIES) IN 60' 60' I rlf i I � g I D ul I m n m VALENCI PARK I I n 81. 00 a. I I LOT 9 OT 0 LOT 7 LOT 6 LOl 5 l OT 4 LGT 3 LO 1 2 LOT 1 Z m 1 35 35' 30 I 30P mD � . . _.. . 1 � I i I - -- - - - - - _ MALALUKA GAR [ ) [-- NS BLOCK " M " ( PBA PG . 10 ) 33 - 39 - 10 - 00015 - 0013 - 00003 . 0 ORB 1185 , PG 1574 MICIIAEL CIEMKO 1160 43rd AVE . $ zu VERO BEACH , FL 32960 g K / W PARCEL #160 F - r� GRID NORTH SCALE : p p.�rn�3"m43 I FGEND_ P . 0 B . POINT OF BEGINNING r P . O . C . = POINT OF COMMENCEMENT [� ;W PIGIi i - OF - WAY NOT A FIELD SURVEY U . R . B . OFFICIAL RECORDS BOOK SIIEET 2 OF 2 R /W PARCEL, # 160 ) --- --- TDWG . NO . 3E rt CARTER ASSOCIATES , INC . - - NO. CONSUIMNG ENGINEERS AND LAND SURVEYORS 60 1708 21ST STREET 772 - 562 - 4191 ( TEL ) 2Fo� T2 VERO BEACH , FLORIDA 32960 - 34 '12 772 - 562 - 7180 FAX - _ - -- - - - - - - -- - - - - - - - J u, 43RD AVENUE - _ - - - - - - - q (RIGH ( -- OF- WAY VARIES) IN 60' 60' I rlf i I � g I D ul I m n m VALENCI PARK I I n 81. 00 a. I I LOT 9 OT 0 LOT 7 LOT 6 LOl 5 l OT 4 LGT 3 LO 1 2 LOT 1 Z m 1 35 35' 30 I 30P mD � . . _.. . 1 � I i I - -- - - - - - _ MALALUKA GAR [ ) [-- NS BLOCK " M " ( PBA PG . 10 ) 33 - 39 - 10 - 00015 - 0013 - 00003 . 0 ORB 1185 , PG 1574 MICIIAEL CIEMKO 1160 43rd AVE . $ zu VERO BEACH , FL 32960 g K / W PARCEL #160 F - r� GRID NORTH SCALE : p p.�rn�3"m43 I FGEND_ P . 0 B . POINT OF BEGINNING r P . O . C . = POINT OF COMMENCEMENT [� ;W PIGIi i - OF - WAY NOT A FIELD SURVEY U . R . B . OFFICIAL RECORDS BOOK SIIEET 2 OF 2 R /W PARCEL, # 160 ) --- --- TDWG . NO . 3E rt CARTER ASSOCIATES , INC . - - NO. CONSUIMNG ENGINEERS AND LAND SURVEYORS 60 1708 21ST STREET 772 - 562 - 4191 ( TEL ) 2Fo� T2 VERO BEACH , FLORIDA 32960 - 34 '12 772 - 562 - 7180 FAX EXHIBIT A z CEL DE SCRIPTION : (" PROPOSED R. O . W. DEED PARCEL NO . 160" ) AQUISITION PAR n THE WEST 10 . 00 FEET OF THE FOLLOWING DESCRIBED PARCEL: " LOT 3 AND 4 , BLOCK M , MALALUKA GRECORD ACCINDIAN RIVER COUNTY ,NG TO THE PLAT OLORIDA . 'ECORDED IN / a PLAT BOOK 41 AT PAGE 10 , OF THE PUBLICn CONTAINING 1 , 200 . 00 SQ . FT , OR 0 . 03 ACRES