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ASSIGNMENT,
-
ASSIGNMENT, SETTLEMENT AND COVENANT AGREEMENT
THIS ASSIGNMENT, SETTIYMENT AND COVENANT AGREEMENT
("Agreement") is made as of the �— day of ,0 2008, by and between THE
GOVERNING BOARD OF THE ST. JOHNS klVnR WATER MANAGEMENT DISTRICT, a
public body existing under Chapter 373, Florida Statutes, whose mailing address is P.O. Box
1429, Palatka, Florida '32178-1429 (the "District"), and INDIAN RIVER COUNTY, a political
subdivision of the State of Florida, whose mailing address is 1801 27th Street, Vero Beach,
Florida 32960 ("County").
WITNESSETH:
WHEREAS, the District and the County are presently parties to an appeal before the
State of Florida Land and Water Adjudicatory Commission (FLWAC), Case No. WMD-07-017,
involving an exchange with the Corrigan family ("Corrigan") of District -owned property located
in Indian River County, and commonly known as the "Sand Lakes" tract, as indicated in attached
Exhibit A ("the Sand Lakes Tract"); and
WHEREAS, the County has opposed the exchange of the Sand Lakes Tract, and
WHEREAS, in order to address the County's objections, the District has entered into an
"Agreement for Exchange and Sale of Real Property and Settlement Agreement" with Corrigan,
attached as Exhibit B ("Corrigan Agreement"), which removes all of the Sand Lakes Tract from
the land exchange, with the exception of the 9.1 -acre Parcel, and provides for assignment of the
District's right to purchase certain lands and legal interests to the County, and
WHEREAS, upon closing under the Corrigan Agreement, the Sand Lakes Tract will be
comprised of approximately 1256 acres (hereafter "the Property"), as described in attached
Exhibit C, and
WHEREAS, the parties wish to resolve their dispute as to the Sand Lakes Tract and
provide for cooperative, joint management of the Property.
NOW, THEREFORE, in consideration of the aforesaid premises, which are hereby
made a part of this Agreement, and other good and valuable consideration, the receipt of which is
hereby acknowledged, the parties hereby agree as follows:
The District hereby assigns to the County the right to purchase Parcel 1 under the
Corrigan Agreement (460 -acres) from Corrigan, which shall include an assignment of
Corrigan's "non-exclusive perpetual drainage and flowage easement," which was
reserved by Corrigan in that certain Special Warranty Deed recorded on July 17, 2003 in
Official Records Book 1615, Page 2157, in Indian River County, Florida ("Corrigan
Easement'), reserving unto Corrigan the rights to continue the indicated uses. The County
assumes no obligations under the Corrigan Agreement other than payment of the sum
provided for in paragraph 2, below. This exclusion includes, but is not limited to, the
obligation under paragraph 12(b)(4) of the Corrigan Agreement to provide a letter to
Corrigan memorializing the District's intent to acquire Parcel 1 by filing eminent domain
proceedings. The foregoing obligation remains exclusively with the District.
2. The County shall pay at closing to Corrigan the sum of Three Million, Two Hundred and
Four Thousand, Six Hundred and Seventy and No/100 ($3,204,670) Dollars. This sum
shall be the entire cost to the County and shall be inclusive of any costs incurred under
the Corrigan Agreement associated with title examination, survey, environmental site
assessment, documentary stamps, and any other matters. The District shall be responsible
at closing for all costs in excess of the above -stated cost to the County. Any survey, title
examination, appraisal or other costs, apart from the costs provided for in the Corrigan
Agreement, that the County elects to incur related to the implementation of the land
transactions provided for herein shall be the responsibility of the County; provided,
however, that the District shall provide the County with an updated survey of the Property
after the closing.
3. Immediately
upon closing with Corrigan, the
District and
the County shall implement a
real property
exchange ("the District -County
Exchange")
as follows:
(a) The County shall convey Parcel 1 under the Corrigan Agreement (460 acres) to the
District via County Deed, reserving a conservation easement. The instrument to be
executed by the County is attached as Exhibit D.
(b) The County shall assign all of its rights under the Corrigan Easement to the District.
(c) The District shall convey to the County an undivided 23.29 percent interest in the
Property, as provided in attached Exhibit E.
(d) It is expressly understood and agreed that neither party may dispose of their
respective interests in the Property, in whole or in part, or otherwise encumber the
Property, without the express written consent of the other party, except as provided in
paragraph 5, below. Consent by the County shall be based upon formal action of the
Indian River County Board of County Commissioners. Consent by the District shall be
based upon formal action of the District's Governing Board. The parties shall record a
deed restriction requiring mutual consent in order to alienate the Property or otherwise
encumber their interest therein, as provided in attached Exhibit F.
(e) The District shall provide the County with an "Owner's Affidavit of Title" as to the
Property, as provided in attached Exhibit G.
(f) It is expressly understood and agreed that neither party may annex or consent to
annexation of the Property into a municipality without the express written consent of the
other party. In addition, the District shall not annex or consent to the annexation of
Parcel 1 under the Corrigan Agreement into a municipality without the County's consent.
(g) After the conveyance of Parcel 1 to the District, the District shall make application to
the County for a conservation land use classification for Parcel 1. In addition, the parties
expressly acknowledge and agree that the development rights on Parcel 1 are
extinguished.
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4. Within 180 days after the District -County Exchange, the District shall update the existing
Management Plan for the Property ("the Plan") to include provisions for public access
and public passive recreational uses that are consistent with the objectives of the Plan.
The County shall have ninety (90) days from the date of receipt of the draft updated Plan
to review the Plan and provide written comments to the District. The parties shall then
negotiate in good faith to resolve any differences as to the Plan. The District shall
prepare the final Plan within 90 days thereafter. The final Plan must be approved in
writing by the District and the County. The District shall bear the cost of recreational
trail improvements agreed to under the Plan. The Plan shall provide for construction of
the infrastructure needed to allow public access to the Property and facilitate public
passive recreational use of the Property, which shall include, but not necessarily be
limited to, development of permanent trails for hiking and horseback riding. At least one
such permanent trail shall connect the public vehicular access point on the western
boundary of the Property with the uplands located in the central and eastern portion of the
Property, which shall be completed within 18 months after the District -County Exchange.
The Plan shall also include any improvements necessary to traverse a ditch that intersects
the public access route so as to allow public access to the Property, which may include
either a bridge or culverted crossing. The District shall construct the improvements
necessary for vehicular access to the western boundary of the Property no later than
twelve months from the District -County Exchange. The District shall also utilize its best
efforts to negotiate a right of public access for hiking and horseback riding upon the
existing dirt road along the northern boundary of the Property. The District shall be the
lead manager of the Property in accordance with the requirements of sections 373.1391
and 373.1395, Florida Statutes. In accordance with section 373.1395, Florida Statutes, a
fee shall not be charged for public recreational use of the Property. The Plan cannot be
amended without prior written approval by the District and the County.
Within 60 days of the District -County Exchange, the parties shall determine a means of
ensuring that the State of Florida Board of Trustees of the hitemal Improvement Trust
Fund ("the Trustees") or the State of Florida Department of Environmental Protection
(FDEP) must consent to any future alienation of the Property, or interest therein, in whole
or in part. Upon receipt of an approving opinion from the County's bond counsel, the
County may, at its option, transfer a portion of its undivided interest in the Property to the
Trustees or FDEP. Alternatively, in the event the County cannot transfer or elects not to
transfer an interest in the Property to the Trustees or FDEP, or the Trustees or FDEP
decline to accept such transfer, the parties shall record a deed restriction providing that
the Trustees or FDEP must consent to any future alienation of the Property, or interest
therein, in whole or in part. If the Trustees or FDEP decline to consent to the recording
of such a deed restriction, this paragraph shall be null and void.
The County agrees that it shall not challenge the Corrigan Agreement before FLWAC or
in any other civil or administrative forum.
7. Upon closing with Corrigan and closing on the District -County Exchange, the County and
the District shall file a Stipulation for Dismissal with FLWAC in substantially the same
form as provided in attached Exhibit H.
This Agreement shall become effective on the date when the last of the parties has
executed this Agreement, which date shall be inserted at the top of the first page hereof.
Any provision of this Agreement that by its nature requires action on the part of either
party after closing on the District -County Exchange shall survive the closing.
10. The District, as owner of the majority interest in the Property after the District -County
Exchange, shall be solely responsible for defending the title to the Property against third -
party claims and shall act with reasonable care in defending such title, including taking
appropriate and necessary action with regard to the title insurance policy the District has
obtained to insure its interest in the Property. This obligation shall not extend to the
exceptions to title listed in Section B -II of the District's current title policy, which have
been reviewed and accepted by the County.
11. This Agreement shall be enforceable in a court of competent jurisdiction. It is agreed that
venue shall lie in Indian River County because the Property is located in Indian River
County. This Agreement shall not be construed to preclude any applicable legal remedy
in law or equity, including specific performance.
12. The parties shall record a document in the public records of Indian River County, as
provided in Exhibit I, to provide notice of record that the Property is subject to the terms
and conditions of this Agreement and the use limitations provided for in the Plan.
13. This Agreement constitutes the entire agreement of the parties. There are no
understandings dealing with the subject matter hereof other than those contained herein.
This Agreement may not be modified, changed or amended, except in writing signed by
the parties or their authorized representatives.
14. This Agreement shall be construed and interpreted according to the laws of the State of
Florida. It shall not be construed more strictly against one party than against the other
merely by virtue of the fact that it may have been prepared by counsel for one of the
parties, it being recognized that the parties have contributed substantially and materially
to the preparation hereof.
IN WITNESS WHEREOF, the parties hereto have duly executed this Agreement, on the
date and year first above written.
ST. JOHNS RIVER WATER
MANAGEMENT DISTRICT
KIRBY A. GREEN 7111, Executive Director
(SEAL)
Executed on: 2008
ATTEST:
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WILLIAM H. CON ON, Deputy
General Counsel
Approved as to form and content
1II�LI mac• .�
STANEEV J. NIE ' "
Sr. Assistant Gen7l Counsel, SJ
STATE OF FLORIDA
PUTNAM COUNTY
BEFORE ME, an officer duly authorized to take acknowledgments in the State and
County aforesaid, personally appeared Kirby B. Green III, to me personally known and known to
me to be the Executive Director of the ST. JOHNS RIVER WATER MANAGEMENT District,
a public body existing under Chapter 373, Florida Statutes, who being duly authorized, executed
the foregoing document, and he acknowledged before me that he executed the same on behalf of
the ST. JOHNS RIVER WATER MANAGEMENT District.
WITNESS my hand and official seal this 14 day of,
2EXPIRES:
SSION W DO336830
?"-' Oc�oUN 29, 2008OtAYVllb11C � /�'Fp<<Y'� otaryober Urdarvmlers ar il•
(NOTARIAL SEALr"� y Commission Expires.
Attest: J. K. Barton, Clerk
By
(Seal) Deputy Clerk
N. Baird
Administrator
APPROVED AS TO FORM
AND LEGADSSUFFICIENCY
r
Marian E.E. Fell
Senior Assistant County Attorney
INDIAN RIVER COUNTY
BOARD OF COUNTY-rOIV MISSIONERS
Byr: _
xlra. Bpwden; ChaiArklll
;ate CC appro�ed,
3
Assignment. Settlement and Covenant Agreement
Exhibit A — Sand Lakes Tract
ALL OF SECTION 7, TOWNSHIP 32 SOUTH, RANGE'38 EAST, .LESS AND EXCEPTING THE NORTH
120.00 THEREOF;
EL97
ALL THAT PART OF SECTIONS 8 AND 9, TOWNSHIP 32 SOUTH, RANGE 38 EAST.LYING WEST
OF THE WEST RIGHT-OF-WAY LINE OF INTERSTATE 95 (STATE ROAD N0. 9, A 300 FOOT WIDE
RIGHT-OF-WAY), LESS AND EXCEPT THAT PART.�F THE NORTH 100 FEET OF SECTION 8,
TOWNSHIP 32 SOUTH, RANGE $8 EAST, LYING WEST OF THE WEST RIGHT-OF-WAY OF
INTERSTATE 95 (STATE ROAD 9, A 300 FOOT WIDE RIGHT-OF-WAY) AND EAST OF THE EAST
RIGHT-OF-WAY LINE OF THE 170 FOOT WIDE FLORIDA POWER AND LIGHT COMPANY
TRANSMISSION LINE RIGHT-OF-WAY AGREEMENT;
AND ALSO LESS AND EXCEPTING THE FOLOWING DESCRIBED PARCEL:
'BEGINNING AT THE NORTHWEST CORNER OF SECTION 8, TOWNSHIP 32 SOUTH, RANGE 38
_ EAST, RUN SOUTH 89058'53" EAST ALONG THE NORTH LINE OF SAID SECTION 8, A DISTANCE
OF 4,332.24 FEET TO THE EAST RIGHT-OF-WAY LINE OF A 170.00 FOOT WIDE FLORIDA POWER
AND LIGHT COMPANY TRANSMISSION LINE RIGHT-OF-WAY EASEMENT, SAID EASEMENT
RECORDED IN OFFICIAL RECORD BOOK 34, PAGE 312, OFFICIAL RECORD BOOK 125, PAGE 25E
AND OFFICIAL RECORD BOOK 194, PAGE 695, PUBLIC RECORDS OF INDIAN RIVER COUNTY,
FLORIDA; THENCE RUN SOUTH 18°45136" EAST ALONG SAID EAST LINE OF THE 170 FOOT
RIGHT-OF-WAY EASEMENT, A DISTANCE OF 105.62 FEET; THENCE RUN SOUTH 89°58'53" EAST
ON A LINE 100.00 FEET SOUTH OF, PARALLEL WITH AND NORMAL TO THE AFOREMENTIONED
NORTH LINE OF SECTION 8, A DISTANCE OF 746.09 FEET TO THE WEST RIGHT-OF-WAY UNE OF
INTERSTATE 95 (STATE ROAD NO, 9, A 300 FOOT WIDE RIGHT-OF-WAY); THENCE RUN SOUTH
11023'376 EAST ALONG SAID WEST RIGHT-OF-WAY LINE, A .DISTANCE OF 254829 FEET;
THENCE, DEPARTING SAID WEST RIGHT-OF-WAY LINE, RUN NORTH 89°58'53" WEST, PARALLEL
WITH AND NORMAL TO THE AFOREMENTIONED NORTH LINE OF SECTION 8, A DISTANCE OFF
400.00 FEET TO THE AFOREMENTIONED EAST RIGHT-OF-WAY LINE OF THE 170.00 FOOT WIDE
FLORIDA POWER AND LIGHT COMPANY TRANSMISSION LINE RIGHT-OF-WAY EASEMENT;
THENCE RUN NORTH 16°46'50" WEST, ALONG SAID EAST RIGHT-OF-WAY LINE, A DISTANCE OF
2480.22 FEET; THENCE, DEPARTING SAID EAST RIGHT-OF-WAY EASEMENT LINE, RUN NORTH
89°58'53" WEST ON A LINE 250.00 FEET SOUTH OF, PARALLEL WITH AND NORMAL TO THE
AFOREMENTIONED NORTH LINE OF SECTION 8, A DISTANCE OF 794.25 FEET; THENCE RUN
NORTH 80608'53" WEST. A DISTANCE OF 761AB FEET; THENCE RUN NORTH 89°58'53" WEST ON
A LINE 120.00 FEET SOUTH OF, PARALLEL WITH AND NORMAL TO THE AFOREMENTIONED
NORTH LINE OF SECTION 8, A DISTANCE OF 2873.46 FEET TO THE WEST LINE OF SAID
SECTION 8; THENCE RUN NORTH D0012'48" EAST, ALONG SAID WEST LINE OF SECTION 8, A
DISTANCE OF 120.00 FEET TD THE POINT OF BEGINNING.
TOGETHER WITH:
THE WEST 150.00 FEET OF THE NORTHWEST ONE.QUARTER (NW 114) OF SECTION 1$,
TOWNSHIP 22 SOUTH,. RANGE 38 EAST;
EXHIBI=1D
AGREEMENT FOR EXCHANGE AND SALE OF REAL PROPERTY
AND SETTLEMENT AGREEMENT
THIS AGREEMENT for exchange and sale of real property and
settlement agreement (hereinafter called ("Agreement"), is made and entered
into as of this 13t day ofl�f -C� i . 2008, by and between J. PAT
CORRIGAN FAMILY LIMITED PARTNERSHIP, a Florida Limited
Partnership, and HUGH CORRIG^ III, FAMILY LIMITED
PARTNERSHIP, a Florida Limited Partnership, whose mailing address is
7150 20TH Street, Suite E, Vera Beach, Florida 32966 (hereinafter referred
to as "Corrigan" or "Seller" of Parcel 1 as hereinafter defined, and `Buyer" of
Parcel 2 as hereinafter defined), and ST. JOHNS RIVER WATER
MANAGEMENT DISTRICT, a public body existing under Chapter 373 of
the Florida Statutes, whose mailing address is Post Office Box 1429, Palatka,
Florida, 32178-1429 (hereinafter referred to as the "District" or `Buyer" of
Parcel 1 as hereinafter defined and "Seller" of Parcel 2 as hereinafter
defined).
WITNESSETH THAT
WHEREAS, Corrigan is the owner of the fee simple title to certain real
property situate in Indian River County, Florida, as more particularly
described in Exhibit "A" attached hereto and by this reference made a part
hereof (hereinafter referred to as "Parcel 1"); and
WHEREAS, the District is the owner of the fee simple title to certain
real property situate in Indian River County, Florida, and as more
particularly described in Exhibit "B" attached hereto and by this reference
made a part hereof (hereinafter referred to as "Parcel 2"); and
WHEREAS, the terms Parcel 1 and Parcel 2 are hereinafter
cumulatively referred to as "the Property, and the terms Buyer and Seller
shall hereinafter refer to both parties as Buyer and Seller of their respective
parcel unless such party is specifically identified otherwise; and
WHEREAS, the District is a public body existing under Chapter 373 of
the Florida Statutes; and
WHEREAS, Corrigan and the District entered into an "Agreement for
Exchange of Real Property and Settlement Agreement" dated September 13,
2007 (the "September 2007 Agreement"); and
WHEREAS, since entering into the September 2007 Agreement,
circumstances involving the sale and exchange of lands pursuant to said
agreement have changed, such that Seller and Buyer seek to effect a novation
of the September 2007 Agreement, rescinding said agreement in toto and
replacing the September 2007 Agreement with this Agreement; and
WHEREAS, Corrigan has agreed to convey Parcel 1 to the District in
exchange for Parcel 2, and the District has agreed to convey Parcel 2 to
=E1
.Corrigan in exchange for Parcel 1, Said Parcel 1 and Parcel 2 to be conveyed
with any and all improvements, structures, fixtures and appurtenances
thereto, unless specifically excluded herein, on the terms and conditions
stated below.
NOW, THEREFORE, in consideration of the premises and of the
mutual covenants hereinafter contained, and other good and valuable
consideration, the parties hereto, each intending to be legally bound, do
hereby warrant and agree as follows:
I. The Exchange - The Property. Corrigan and the District agree to
exchange, on the terms and conditions herein set forth, the Property, in fee
simple, together with all of the tenements, hereditaments, improvements, oil,
gas and mineral rights, levees, dikes, canals, ditches, roads and easements,
appertaining thereto, and all of the respective parties' right, title and interest
therein. The instrument of conveyance shall transfer all of the respective
parties right, title and interest in and to the Property and their interest in
and to all riparian rights, improvements, approvals, fixtures, easements,
rights-of-way, licenses, privileges, tenements and appurtenances belonging or
appertaining to the Property, including without limitation of the foregoing,
all right, title and interest of each party, in and to any land lying in the bed
of any street, alley, road or avenue (before or after vacation thereof, and
whether previously abandoned or vacated or hereafter abandoned or
vacated).
2. Survey and Legal Description
(A) The District previously has or will obtain surveys of the Property
in a form acceptable to both parties to consummate the transactions
contemplated herein, The District shall provide Corrigan with copies of the
recently obtained surveys within ten (10) business days following the
effective date of this Agreement.
(B) Notwithstanding any provisions below to the contrary, the parties
agree that both Corrigan and the District have previously received and been
provided surveys for the Property under previously contemplated
transactions, and the parties agree to be reasonable in their review of the
new or recertified survey, if determined necessary by either party, and not
object to matters shown thereon unless same are new matters of record that
did not appear on the prior surveys,
(C) Each party shall have ten (10) business days from receipt/delivery
of the survey required in Paragraph 2(A), within which to examine the
survey and legal description provided pursuant to this Paragraph and to
notify Seller if the survey and legal description set forth therein are
acceptable, or if the survey shows any violation of the survey instructions or
requirements or if the survey shows any encroachments or a violation of the
Contract Covenants (hereinafter referred to as "Survey Objections"),
(D) The survey and legal descriptions shall be certified to the
District, Corrigan, the District's and Corrigan's Counsel and the title
MA
company. The costs of preparation of the survey and legal description
required by this paragraph shall be paid in the manner set forth in
Paragraph 10 hereof.
3. Purchase Price.
(A) Corrigan and the District agree that the District shall pay to
Corrigan the sum of TEN MILLIONAND N01100 DOLLARS
($10,000,000.00) and Corrigan shall convey to the District the following: i) fee
simple title to Parcel 1, ii) a Hold Harmless Agreement as later described,
and iii) assignment of it's reserved flowage rights for the benefit of Parcel 1,
as later described. In exchange for the conveyances by Corrigan to the
District, the District shall make payment to Corrigan in the amount of the
Purchase Price and convey Parcel 2 to Corrigan.
4. Title to be Conveyed. Seller shall convey to Buyer marketable,
fee simple title to the Property, free and clear of all liens and encumbrances
except for the lien of taxes not yet due and payable, and subject to those title
exceptions set forth in Schedule B II of a Title Commitment, a copy of which
is attached hereto as Exhibit "C:"
5. Evidence of Title.
(A) No later than ten (10) days after the Effective Date, the
District shall obtain or update and deliver to Corrigan two (2) separate
commitments for owner's title insurance.policy (ALTA Form B) showing good
and marketable fee simple title to the Property vested in the Seller, subject
only to liens, encumbrances, exceptions or qualifications set forth in this
Agreement and those which shall be discharged by Seller at or before closing
(hereinafter the "Title Commitments"). The Title Commitments shall each be
in the amount of the Transaction Value of the Property. The Title
Commitments shall identify each exception of record by the parcel to which
such matters apply and include copies of all exceptions of record noted
therein. Either party may waive the requirement for title insurance and
proceed to close based on currently available title information.
Notwithstanding any provisions herein to the contrary, the parties agree that
both Corrigan and the District have previously received and been provided
title commitments for the Property under previously contemplated
transactions, and the parties agree to be reasonable in their review of the
new commitments and not object to matters shown therein unless same are
new matters of record that did not appear on the prior commitments.
' (B) Each Buyer shall have fifteen (15) business days from receipt
of the Title Commitment within which to examine same and notify the Seller
in writing of any title defects, specifying such defects. Any written notice of
title defect shall be deemed delivered at the time it is hand delivered or
deposited in the U.S. Mail., postage prepaid, as provided in the paragraph
hereof entitled Notices. Upon receipt of such notice of title defects, the Seiler
shall have one hundred twenty (120) days within which to cure or remove the
title defects so specified. If upon the expiration of the one hundred twenty
445
(120) day period, the Seller has not corrected or cured any such title defects,
the Buyer shall have the option to terminate this Contract, or to waive such
defects and proceed to close, accepting title as it then is and without setoff or
reduction in the Purchase Price. In the event the Buyer shall elect to
terminate because of an uncured or uncurable title defect, the parties hereto
shall thereafter be relieved of all liability hereunder.
(C) Upon closing and upon recording of the deeds, owner's title
insurance policies (ALTA Form B) shall be issued pursuant to the Title
Commitments and delivered to each Buyer showing fee simple title to the
respective parcels of land vested in each Buyer. The fee owner's title
insurance premiums for such policies shall be paid at closing in accordance
with the provisions of the paragraph hereof entitled Closing Costs, Prorations
and Adjustments. Upon execution by Seller, at closing, of the Affidavit
required by the title company and completion of the survey called for herein,
the "standard exceptions" to the title policy shall be deleted, except for those
relating to taxes for the year of closing.
6. Representations and warranties. Corrigan and District, as to
each party's respective parcels, represent to the other, to the best of their
knowledge and belief as follows:
(A) Seller has full power and authority to enter into and perform
this Agreement in accordance with its terms.
(B) Seller has no actual knowledge of and has not received any
notice with respect to any of the lands subject to this Agreement: (i) of
violation of any city, county, state or federal law, ordinance, regulation or
code, or (ii) of existence of dangerous or illegal conditions requiring corrective
action.
(C) There is no pending litigation or dispute involving or
concerning the location of the boundaries of the Property.
(D) Seller has not entered into any leases, contracts or other
agreement relating to any of the Property which are unrecorded.
(E) Seller represents that there are no mechanics' liens, claims of
lien or other claims against the Property and that Seller has no unpaid bills
for labor or services performed on, or for materials supplied to the Property,
except for those unpaid bills which will be paid prior to the closing.
(P) That at the time of closing, no person other than the Seller
shall be entitled to or be in possession of any portion of the Property.
(G) Seller is not a "foreign person" as such term is defined in
Section 1445(f) of the Internal Revenue Code.
At the time of closing, Seller will provide the Buyer with an
affidavit to the effect that the above representations are true and correct as of
the Closing Date for the exchange.
7. Relationship to Governing Board. Corrigan represents and
warrants to the District, that, to the knowledge of Corrigan, no member of
the District's Governing Board, no agent or employee of the District, and no
0
446
person related by blood or marriage to. any of the aforesaid has or will benefit
in any way, either directly or indirectly, from, or receive any portion of the
payments to be made to Corrigan under the provisions of this Agreement.
At the time of closing, Corrigan will include in the affidavit being
provided to the District pursuant to Paragraph 6 above, a statement to the
effect that the warranties and representations contained in this Paragraph 7
are true and correct as of the Closing date for the exchange.
8. Environmental Audit and Representations.
(A) For the purpose of this Agreement, the term "Environmental
Laws" shall mean all federal, state and local laws, including statutes,
regulations, ordinances, codes, rules and other governmental restrictions and
requirements relating to the environment or hazardous substances including,
but not limited to, the Federal Solid Waste Disposal Act, the Federal Clean
Air Act, the Federal Clean Water Act, the Federal Resource Conservation and
Recovery Act of 1876, the Federal Comprehensive Environmental Response,
Compensation and Liability Act of 1980, the Federal Superfund Amendments
and Reauthorization Act of 1986, Chapters 161, 253, 373, 376 & 403, Florida
Statues, rules and regulations of Florida Department of Environmental
Protection, and the St. Johns River Water Management District.
(B) (1) From the Effective Date hereof through the date of Closing,
Buyer through its agents, environmental consultants and employees, will be
authorized to enter upon the Property for the purposes of scientific
investigation, installation of monitoring wells, surveying, the taking of soil
borings and soil samples, the taking of water samples from those and existing
wells, geophysical investigation, i.e., ground penetrating radar,
electromagnetic, and magnetic, and the testing of tanks, and other
appropriate and generally accepted testing methods, including building
sampling for asbestos, lead and other potentially hazardous materials; and
upon contiguous lands owned by Seller for the purpose of access to the
Property; provided, that any such agents, consultants or employees of Buyer
shall give reasonable advance notice to Seller and shall be responsible to
close and lock any gates through which they pass in the exercise of such right
of entry. Any boring holes made by the Buyer shall be properly filled and
packed to the surrounding earth level by the Buyer.
(2) Buyer further agrees to provide Seller with true copies of
reports, findings and test results derived from any and all scientific
investigations, surveys, and soil borings conducted on Seller's property.
Buyer waives, with respect to Seller only, any right of confidentiality with
regard to these documents and gives Seller the right to obtain copies from
any and all governmental regulatory agencies involved.
(3) Buyer further agrees, to the extent allowed by law, to
assume all risks involved and to be fully responsible for the safety of its
servants, agents, contractors and employees, hereby releasing, saving and
discharging Seller, its successors and assigns, from any and all claims and
447
demands of whatever nature, whether for personal injury or death of
employees or loss of or damage to personal property, and hereby assumes full
responsibility for any accident, death, dismemberment, temporary or
permanent disability resulting to any servants, agents or designated
employees as a result of the authorization granted by this Agreement.
(4) Buyer further agrees, to the extent allowed by law, to
indemnify and hold harmless Seller, its successors or assigns, from any
liability, costs and expenses, attorneys' fees, due to injury to or death of any
person or persons, whomsoever, including employees, agents or
representatives of the parties hereto, or third persons, or for any loss or
damage to property arising from or in connection with the use or occupancy
of Seller's property, or from ingress or egress from this Property.
(5) Should Buyer engage any other party to perform this work,
the responsibilities of Buyer will be equally applicable should any property
damage, injury or death occur to any person or persons as a result of actions
of that third party.
(6) Notwithstanding anything in this Paragraph 8 below to the
contrary, the,parties agree that both Corrigan and the District have
previously received and been provided a Phase I Environmental Site
Assessment of the Property under previously contemplated transactions, and
the parties agree to be reasonable in their review of any new Environmental
Assessments and not object to matters shown therein unless the same are
new matters that did not appear in the prior Assessments.
(C) Pryor to the closing date, a Phase I Environmental Site
Assessment of Parcel I of the Property may be completed by the Buyer, The
Assessment shall be addressed to the Buyer or shall be certified as being for
the benefit of the Buyer as well as the Seller, entitling Buyer to rely on the
report to the same extent as the Seller. Any subsequent amendments and/or
reports relating to the property shall also be for the benefit of and delivered
to the Buyer. The District has provided to Corrigan a Phase I Environmental
Site Assessment, which said site assessment was previously performed on
Parcel 2. Corrigan agrees to close on the exchange based upon that report.
If the Level I Environmental Audit reveals areas of environmental concern
that warrant further investigation, the Buyer may, with Seller's consent, or
Seller may commence an appropriate Phase II Environmental Assessment
within 30 days of receipt of the Phase I Environmental Audit, utilizing
methods and access accommodations as provided in Section 7(B)(1) of this
Agreement. The Seller shall participate with Buyer in the development of
the objectives of the Environmental Assessment(s) and any subsequent
environmental surveys that may be necessary in defining the scope of the
issues to be addressed in such reports, In the event Seller fails to consent to
Buyer obtaining the Phase 11 Assessment, or fails to obtain its own Phase II
Assessment, Buyer may terminate this Agreement and have no further
obligations hereunder.
EM
The Seller shall have the right to review and approve of all contracts
entered into by the Buyer for any Phase II or subsequent Assessments and
clean up of any contamination located on the Property, including the
approvals of the costs (if cost will be reimbursed by Seller) of such
Environmental Assessment(s) and any clean up or remediation efforts. The
Seller will be provided a copy of any Assessment Report(s) within five (5)
days of completion.
If the Phase II Environmental Assessment reveals any toxic or hazardous
substances or wastes on or contaminating the Property above levels which
exceed the allowable levels as set forth in current Environmental Laws as
defined by this Agreement, Buyer shall notify Seller, in writing, within ten
(10) days of such discovery. Such notice shall contain copies of any and all
reports contained in the Environmental Assessment(s). Seller, at his option,
may clean up said toxic or hazardous substances or wastes as required by
Environmental Law, prior to the closing hereunder, or Buyer, at its option,
may waive such cleanup and proceed to close accepting the Property as it
then is and without set-off or reduction in the value of the exchange; or Seller
or Buyer may terminate this Agreement whereupon Buyer and Seller shall be
released as to one another of all further obligations under this Agreement.
The elections in this Agreement are contract rights and in no way absolve
Seller of its legal obligation to clean up said substance if required by
Environmental Law. The Closing hereunder shall be extended if necessary
so as to afford Seller a reasonable amount of time from the receipt of Buyer's
written notice as aforesaid to submit a plan to Buyer to accomplish said
cleanup and complete the necessary remediation activities on the Property.
(D) The costs of the Phase I Environmental Site Assessment for
Parcel 1 shall be paid by the District. The costs of the Phase II
Environmental Assessments shall be paid by the ordering party. The cost of
any Phase III Assessment or remediation shall be paid by the ordering party.
(E) In the event the Seller elects to proceed with the remediation
of any hazardous material or substance contamination, the Buyer shall take
all steps necessary to further define the nature of the materials, any risks
resulting therefrom and possible remedial measures. Governmental agencies
shall be notified as may be appropriate and in any event, such agencies shall
be notified immediately of any imminent hazard. Once approved by the
Buyer, Seller shall contract to commence and diligently pursue any
assessment, clean up and monitoring of the Property necessary to bring the
Property into full compliance with all applicable federal, state or local laws,
rules, regulations and ordinances.
(F) Provided, however, in the event the District and/or Corrigan elect
to accept Parcels 1 and/or 2 based on pre-existing environmental information,
then the provisions of Paragraph 8(A through E) above shall be waived in
writing by the pasty making such election and closing on the exchange will
proceed as otherwise set forth herein.
7
449
(G) Not withstanding any language contained in the Paragraphs 8 (A)
through (F), above, the Seller shall provide no further environmental
warranties to Buyer after date of closing.
9. The Closing.
(A) The closing of transfer of title for the exchange of the Property
shall take place at the Offices of Wright, Pulford, Moorhead & Brown, P.A.,
145 North Magnolia Avenue, Orlando, Florida 32802, Telephone (407) 425-
0234, Telecopier (407) 425-0260, on the later of 1)10:00 a.m., Friday, April
15, 2008, or ii) no later than ten (10) days following the final disposition of
any and all existing and future petitions on appeal regarding the September
2007 Agreement or the Agreement as set forth herein. Provided, however, in
no event shall closing occur any later than March 10, 2009. If the Closing is
delayed beyond March 10, 2009 due to an administrative or other appeal by a
third party, this Agreement may be terminated by either party and
thereafter the parties hereto shall have no further responsibility under this
Agreement, and all rights and claims of the parties are otherwise preserved.
(hereinafter and heretofore referred to as the "Closing Date").
(B) The Closing Agent for the transaction shall be Wright, Fulford,
Moorhead and Brown, P.A.
10. . Closing Costs, Prorations and Adjustments. The following
items are to be paid at closing by the party indicated and in the manner set
forth:
(A) Real property taxes on Parcel 1 shall be prorated between
Seller and Buyer as of midnight on the date immediately preceding the
Closing Date. Real Property taxes shall be prorated on the basis of current
year's taxes, if known. If the closing shall occur before the amount of current
taxes may be determined, such taxes shall he apportioned upon the basis of
the taxes for the most recent year applied to the latest assessed valuation
and shall be promptly readjusted when the current taxes are ascertained,
and a statement to that effect shall be set forth in the closing statement. If
applicable, real property taxes shall be escrowed at closing in accordance
with,the provisions of Section 196.295, Florida Statutes. Real property taxes
on Parcel 2 shall be the responsibility of Corrigan subsequent to the date of
closing, as the District is exempt from such taxes prior to the date of closing.
(B) The cost of recording the Deeds, any corrective instruments,
and other documents executed at closing deemed necessary to effect the
exchange, the fee owner's title insurance premium for the title policies
described in the paragraph hereof entitled Evidence of Title to be obtained by
the District, the cost of the survey and Iegal description called for by the
paragraph hereof entitled Survey and Legal Description to be obtained by the
District, the cost of title information reports and updates thereof, and the
documentary stamp tax which is required to be affixed to any instrument of
conveyance shall be paid as follows: the District shall pay all such costs as
related to Parcel 1 and Parcel 2.
0
450
11. Broker.
(A) The Seller represents and warrants to the Buyer that it has
not engaged the services of a real estate broker with respect to the Property.
Seller agrees to hold Buyer harmless from any real estate commission or fees
which may be claimed to be due through the Seller or pursuant to the acts of
Seller. Seller further covenants and agrees to indemnify Buyer for damages,
court costs and attorneys' fees incurred as a result of any such claim.
(B) The Buyer represents and warrants to Seller that it has not
engaged a real estate broker with respect to the Property. To the extent
permitted by law, Buyer agrees to indemnify and to hold Seller harmless
from any real estate commissions or fees which may be claimed to be due
through the Buyer or pursuant to the acts of Buyer. To the extent permitted
bylaw, Buyer further covenants and agrees to indemnify Seller for damages,
court costs and attorneys' fees incurred as a result of any such claim.
(C) The obligations of Seller and Buyer hereunder shall survive
the closing.
12. Documents to be Delivered,
(A) Prior to Closing. At least ten (10) days prior to the Closing
Date, Corrigan shall deliver to the District a public disclosure of its beneficial
ownership which shall comply with the requirements set forth in Section
286.23, Florida Statutes, as from time to time amended.
(B) By Seller at Closing. The Seller shall execute, acknowledge
and deliver the following documents at the closing hereunder:
(1) Corrigan shall deliver to District, a General Warranty Deed;
in a form reasonably acceptable to the District, from Corrigan, conveying the
fee simple title to Parcel 1, in proper form for recording which shall be duly
executed, acknowledged and witnessed. The legal description utilized on
such General Warranty Deed shall be the legal description as set forth on the
survey obtained in accordance with the provision hereof entitled Survey and
Legal Description,
(2) The District shall deliver to Corrigan, a Quit Claim Deed, in
a form reasonably acceptable to Corrigan, conveying the fee simple title to
Parcel 2 in proper form for recording which shall be duly executed,
acknowledged and witnessed. The legal description used in the Quit Claim
Deed shall be legal description as set forth on the survey obtained in
accordance with the provision hereof entitled Survey and Legal Description.
The Deed shall contain a reservation of a fifty-foot wide easement for ingress
and egress across Parcel 2 for access by the District to adjoining lands owned
by the District lying north and south of Parcel 2. Pursuant to Section
373.099, Florida Statutes, the District shall not warrant title.
(3) Corrigan shall deliver to the District a General Release, as
described in Paragraph 30(A).
M
451
(4) Letter from the District memorializing the District's intent
to acquire Parcel 1 by filing of eminent domain proceedings should it become
necessary to do so
(5) Such other documentation as may reasonably be required
by Buyer or Closing Agent in order to close this transaction in accordance
with the terms of this Agreement.
(C) By the Buyer at Closing. The Buyer shall execute,
acknowledge, and deliver the following documents at the closing hereunder:
(1) Florida Department of Revenue Return for Transfers of
Interest in Florida Real Property.
(2) Such other documentation as may reasonably be required by
Seller or Closing Agent in order to close this transaction in accordance with
the terms of this Agreement.
13. Negotiated Price to be Without Prejudice. The value of the
exchange specified herein was negotiated by the parties on the basis of a total
price for the Property and shall be without prejudice to any party, and
inadmissible in any court proceedings which might hereinafter be brought if
the Buyer for any reason does not acquire the Property pursuant to the terms
herein contained.
14. Survival. of Warranties and Agreements. All warranties,
representations, covenants, obligations, indemnities and agreements
contained herein shall survive the execution and delivery of the Deed(s),
and the closing to be held hereunder.
15, Parties. The rights and obligations created by this Agreement
shall be binding upon and inure to the benefit of the parties hereto, their
successors and assigns.
16. Entire Agreement. This Agreement constitutes the entire
agreement of the parties, and there are no understandings dealing with the
subject matter of this Agreement other than those contained herein. This
Agreement may not be modified, changed or amended, except by writing
signed by the parties hereto or their authorized assignees,
17. Notices. All notices, consents, approvals, waivers and elections
which any party shall be required or shall desire to make or give under this
Agreement shall be in writing and shall be sufficiently made or given (i)
when mailed by certified mail, postage prepaid, return receipt requested, (ii)
by hand delivery to the named individuals representing the party to be
notified, or (iii) by private parcel delivery services, or facsimile transmission
for which receipt is provided to the notifying party. Notices, including notice
of change of address, shall be addressed or transmitted to the addresses set
forth below or such other address that a party may designate in the manner
prescribed herein:
(A) Corrigan: James Patrick Corrigan, Jr.
7150 20th Street, Suite E
10
452
Vero Beach, Florida 32966
Phone; (772) 567-7141 Fax (772) 778-6838
with a
copy to: Christopher H. Marine, Esq.
Gould, Cooksey, Fennell, O Neill, Marine,
Carter & Hafner, P.A.
979 Beachland Boulevard
Vero Beach, Florida 32963
Phone: (772) 231-1100 Fax: (772) 231-2020
(B) District: St. Johns River Water Management District
Post Office Box 1429
Palatka, FL 32178-1429;
Attention: Director, Division of Land Acquisition
Phone: (386) 329-4397 Fax; (386) 329-4848
with a
copy to: Donald F. Wright, Esq.
Wright, Fulford, Moorhead & Brown, P.A.
145 North Magnolia Avenue
Orlando, Florida 32802
Phone:(407) 425-0234 Fax: (407) 425-0260
Notices, consents, approvals, waivers and elections given or made as
aforesaid shall be deemed to have been given and received on the date of the
mailing, delivery or transmission thereof as aforesaid.
18. Non -Waiver of District's Regulatory Powers. Nothing
contained in this Agreement shall be construed as a waiver of or contract
with respect to the regulatory and permitting authority of the District as it
now or hereafter exists under applicable laws, rules and regulations.
19. Non -Waiver of Sovereign Immunity. Nothing contained in
this Agreement or in any Instruments executed pursuant to the terms of this
Agreement shall be construed as a waiver or attempted waiver by the District
of its sovereign immunity under the constitution and laws of the State of
Florida; provided, however, that this paragraph shall not be construed as an
attempt by the District to negate any partial waiver of sovereign immunity
made by the Legislature under the provisions of The Tort Claims Act, Section
768.28, Florida Statutes or any future statute or Act adopted by the Florida
Legislature.
20. Proceeds of Sale and Closing Procedure. The deeds shall be
recorded at closing upon evidence of title, if applicable, continued at the
District's. expense, to show title in Buyer, without any encumbrances or
changes which would render Seller's title unmarketable from the date of the
last evidence, and the executed Closing documents may be held in escrow by
the Closing Agent or by such other escrow agent as may be mutually agreed
�1
453
upon for a period of not longer than fifteen (15) days from and after the
closing date. If Seller's title is rendered unmarketable, Buyer shall within
said fifteen (15) day= period, notify Seller in writing of the defect and Seller
shall have fifteen (15) days from the date of receipt of such notification to
cure said defect. In the event Seller fails to timely cure said defect, the Deed
and Closing documents shall be returned to Seller, and simultaneously Buyer
shall vacate the Property and re-convey the same to the Seller by quitclaim
deed. At the sole discretion of Buyer, Buyer may elect to take title as is,
waiving all rights against Seller as to such intervening defect except as may
be available to Buyer by virtue of warranties contained in deed. The escrow
and closing procedures required by this Paragraph shall be waived in the
event the attorney, title agent or Closing Agent insures against adverse
matters pursuant to Section 627.7841 Florida Statutes.
21. Time is of the Essence. Time is of the essence with respect to
all matters set forth in the Agreement.
22. Governing Law/Attorney's Fees, This Agreement shall be
construed and interpreted according to the laws of the State of Florida. In
the event of litigation between the parties arising from or pertaining to this
Agreement, the prevailing party shall be entitled to recover from the other
reasonable attorneys' fees and costs, including fees and costs on appeal.
23. Recording of this Agreement. Neither this Agreement of
Purchase and Sale nor any memorandum hereof maybe recorded in the
Public Records of any county in the State of Florida.
24. Construction of Agreement. This Agreement shall not be
construed more strictly against one party than against the other merely by
virtue of the fact that it may have been prepared by counsel for one of the
parties, it being recognized that both Seller and Buyer have contributed
substantially and materially to the preparation hereof.
25. Default.
(A) If, under the provisions hereunder, Corrigan shall be obligated
to complete the exchange, but fails to do so within the applicable period
provided for Closing, the District shall forthwith return or deliver to Corrigan
all papers and other documents relating to the Property, the title
commitment, the survey, engineering studies and reports, site plans,
Environmental Site Assessment and all other information developed by the
District relating to the Property. Further, Corrigan agrees to reimburse the
District for 100% of all costs incurred by the District associated with the
survey, attorneys' fees, title commitment and title insurance, Environmental
Site Assessment(s), and such other costs as may he reasonably incurred by
the District in preparation for closing, in which event Corrigan and the
District shall be deemed released from any and all obligations under this
Agreement, but retaining all other legal rights.
(B) In the event the District defaults hereunder, Corrigan shall
forthwith return or deliver to District all papers and other documents
12
454
relating to the Property, the title commitment, the Survey, engineering
studies and reports, site plans, Environmental Site Assessment(s), and all
other information developed by Corrigan relating to the Property. Further,
the District agrees to reimburse Corrigan for the costs associated with the
preparation of the survey, attorneys' fees, title commitment and title
insurance costs, and such other costs as may be reasonably incurred by
Corrigan in preparation for closing, in which event Corrigan and the District
shall be deemed released from any and all obligations under this Agreement,
but retaining all other legal rights.
(C) The remedies described in this paragraph 25 shall be the sole
remedies available to the parties in the event of a default.
26. Further Documentation. The parties agree that at any time
following a request therefor by the other party, each shall execute and deliver
to the other party such further documents and instruments, in form and
substance reasonably necessary to confirm and/or effectuate the obligations
of either party hereunder and the consummation of the transaction
contemplated hereby. The obligations of Seller and Buyer pursuant to this
Paragraph shall survive the closing hereunder.
27. Binding Obligation. Upon execution by Corrigan, the District
shall have until three Business Days following its next regularly scheduled
Governing Board meeting, to accept and execute this Agreement.
28. Definitions. As used herein, the term "Business Days" shall
mean those days during which the Buyer is open for regular public business.
29. Radon Gas. Radon is a naturally occurring radioactive gas
that, when it has accumulated in a building in sufficient quantities, may
present health risks to persons who are exposed to it over time. Levels of
radon that exceed federal and state guidelines have been found in buildings
in Florida. Additional information regarding radon and radon testing may be
obtained from your county public health unit.
30. Contingencies.
(A) The District and Corrigan acknowledge that this Agreement
for Exchange and Sale of Real Property and Settlement Agreement is being
entered into, in part, in voluntary settlement of certain claims as more
specifically described in a Release and Hold Harmless Agreement to be
entered into between the parties at closing. In said Release and Hold
Harmless Agreement Corrigan shall release the District from past, present
and future claims of Corrigan with respect to Parcel 1, Parcel 2, and the
remaining ownership of Corrigan in the vicinity of Parcel 1 and Parcel 2
located west of Interstate 95. The Release and Hold Harmless Agreement to
be executed at closing is attached hereto as Exhibit "D" and by this reference
made a part hereof.
(B) Corrigan shall retain the same rights currently enjoyed
by Corrigan to discharge and withdraw water onto and from Parcel 1;
provided, however, that should such discharge or withdrawal of water
13
455
increase or decrease to the extent that regulatory permitting is required,
Corrigan agrees to secure any such additional permit. The conveyance into
the District shall reflect the retention of these rights via a flowage easement.
(C) Corrigan shall have an examination period of thirty (30)
days from the effective date of the Agreement to inspect, analyze and approve
all conditions governing Parcel 2.
(D) The Warranty Deed from Corrigan to the District as to
Parcel 1 shall include an assignment of Corrigan's" non-exclusive perpetual
drainage and flowage easement" as to the Parcel 1 acreage, which was
reserved by Corrigan in that certain Special Warranty Deed recorded on July
17, 2003 in Official Records Book 1615, Page 2157, in Indian River County,
Florida, reserving unto Corrigan the rights to continue the indicated uses.
31. This paragraph is intensionally omitted.
32. Assignment. The District may assign its right under this
Agreement as to the purchase of Parcel 1, including Corrigan's reserved
flowage rights for the benefit of Parcel 1, as described in paragraph 30(1)).
Such assignment shall not affect the Closing Date or any other provision of
this Agreement, and any such assignment shall not release the District from
any liability hereunder.
33. Inadmissibility in Legal Proceedings. The parties agree that
a portion of the consideration for this Agreement involves settlement of
disputed claims, including the purchase by the District of the Hold Harmless
Agreement provided for in paragraph 30(A). In the event this Agreement
does not result in a Closing for any reason, this Agreement shall not be
admissible in any future legal proceedings regarding disputed claims by
Corrigan involving alleged flooding of Corrigan lands. By entering into this
Agreement the District does not make any admission, express or implied, as
to the validity of any such claims.
34. Effective Date. For all purposes of this Agreement, the
Effective Date hereof shall mean the date when the last of the Seller or the
Buyer has executed the same, and that date shall be inserted at the top of the
first page hereof.
35. Nature of Transaction - Involuntary Conversion. Corrigan
has advised the District that Corrigan plans to complete the transactions
contemplated by this Agreement as a tax free exchange and involuntary
conversion under Sections 1031 and 1033, respectively, of the Internal
Revenue Code of 1956, as amended (the "Code"), and the applicable treasury
regulations promulgated thereunder. The District agrees that it will
cooperate in all reasonable ways to facilitate Corrigan's desire to effectuate
said exchange and conversion. In that regard, each of the parties
acknowledges and agrees that the transactions contemplated by this
Agreement constitute the sale and exchange of the Corrigan's Property under
threat or imminence of requisition or condemnation and a compulsory or
involuntary conversion of Corrigan's Property.
M
456
IN WITNESS WHEREOF, the parties hereto have duly executed this
Agreement, to become effective as of the date and year first above written.
Signed, Sealed and delivered
in the presence of-
Priikr-nA�me:Ch Q6her H. hdarine
CORRIGAN
Print name:
Title: e-4
Print name: CAROL K. WILCOX
STATE OF FLORIDA
COUNTY OF end ran r u -tA
The foregoing instrument was acknowledged before me this 1 h day
offn a ( cli 1 200 byCntii4jn� as of
the J. PAT CORRIGAN FAMILY LIMITED PARTNERSHIP, a Florida
Limited Partnership, who is pree _1� to me or produced
as identification.
(NOTARIAL SEAL)
Notary Public -Stat
,%AF04ftox
Print Name:
My Commission Expires:
15
457
MO
Wf : $a•
STATE OF PHA TrYA S
COUNTY OF M! D LP N D
r
By: j/4— A�4
HUGH C RRIGAN III FAMILY
LIMITED PARTNERSHIP
Print name:
Title: CEN�"��RAL. �Rmyem
The foregoing instrument was acknowledged before me this 2q -day
of MARCH , 2008 by ku gk Cpr6�AA61as 9E&W24L PARVNF/t of
the HUGH 0 IIi FAMILY IMITED PARTNERSHIP, a Florida
Limited Partnership, who is personally known to me or produced
as identification.
a7
Notary Public- ate of Florid
Print Name: U S
My Commission Expir s: ld��9-ZOn�
is
458
ATTEST:
r
t fWIr.r�i ■ . .
! - ■ - • ■ • ■
DISTRICT:
ST. JOHNS RIVER WATER
MANAGEMENT DISTRICT
FOR USE AND RELIANCE ONLY BY 5T.
JOHNS RIVER WATER MANAGEMENT DISTRICT,
LEGAL FORM AND CONTENT APPROVED:
Wright, Fulford, Moorhead & Brown, P.A.
By: L J�
Donal . Wright; Esquire
STATE OF FLORIDA
COUNTY OF PUTNAM
The fghregoing instrument was acknowledged before me this 13 day
of M 2008 by KIRBY B. GREEN III, personally known to me and
known to me to be the Executive Director of the ST. JOHNS RIVER WATER
MANAGEMENT DISTRICT.
{NOTARIAL SEAL}
Notary Pu tate of Florida
Print Name:
My Commission Expires:
17
459
STATE OF FLORIDA
COUNTY OF PUTNAM
The foregoing instrument was acknowledged before me this V? day
clay
of 200& by
WILL H. CONGDON, personally Down to me
and known to me to be th ep ty General Counsel of the ST. JOHNS
RIVER WATER EMENT DISTRICT.
(NOTARIAL SEAL)
Notary Public- Florida
Print Name:
My Commission Expires:
Wal
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Exhibit "B"
The West 150 feet of the Northwest one-quarter (NW'%) of Section 18, Township 32 South, Range 38
East, Indian River County, Florida.
462
0 Fidelity National Title
Insurance Company
SCHEDULE B IT
(Exceptions)
Schedule B of the policy or policies to be issued will contain exceptions to the following matters unless
the same are disposed of to the satisfaction of the Company:
1. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the
public records or attaching subsequent to the effective date hereof but prior to the date the Proposed
Insured acquires for value of record the estate or interest or mortgage thereon covered by this
Commitment.
2. All assessments and taxes for the year 2008 and all subsequent years, which are not yet due and
payable.
NOTE: Real estate taxes for the year 2007 are paid; 2007 gross amount being $398.66; Tax T.D.
#32-38-30-00000-1000-00001/0.
3. Any lien, or right to a lien, for services, labor or material heretofore or hereafter furnished, imposed
by law and not shown by the public records.
4. Any encroachments, easements, measurements, variations in area or content, party walls or other fads
which a correct survey of the premises would show.
5. Rights or claims of parties in possession not shown by the public records.
6. Any right, title or interest as to oil, gas and/or minerals as referred to in that certain instrument
recorded February 2, 1951, in Deed Book 63. Pa eg 483_ Public Records of Indian River County,
Florida. NOTE: The right of entry has been released.
7. Any rights or interest as indicated by that certain Stumpage Sale Contract recorded in Official Record
Book 191, Page 770, Public Records of Indian River County, Florida.
8. Drainage Flowage Easement in favor of James B. Cain, recorded July 17, 2003, in Official Records
Book 1615, Page 2147 Public Records of Indian River County, Florida.
9. Rights of others in and to any canals located upon the subject property.
10. Notwithstanding the insuring provisions of the Commitment and/or Policy, legal right of access to
and from the insured land is not insured.
NOTE: The Company reserves the right to make further requirements and/or exceptions upon its
review of the proposed documents creating the estate or interest to be insured or otherwise
ascertaining details of the transaction.
If the proceeds of the loan to be secured by the insured mortgage are deposited with the Company of its authorized
agent, ]tem 1 above shall be deemed deleted as of the time such funds are disbursed to or for the account of the
roau u-w].66.A EXHIBIT C
rll.rA LUMM[r6IIiNT(1966)
463
Fidelity National Title
el Insurance Company
borrower. Neither the company not its agent shall, however, be under any duty to disburse any sum except upon a
determination that no such adverse intervening matters have appeared of record or occurred
Items 32 4 and S will be deleted provided: a satisfactory current survey is submitted, if applicable; it is determined
the current year's taxes or special assessments have been paid; an affidavit of possession, in recordable form, is
provided; and it is determined there are no filled-in lands and there is nothing of record which would give rise to
mechanic's liens which would take priority over the insured interest (where the liens would otherwise take priority,
submission of waivers is necessary), Additional exceptions will be made in the policy for any appropriate matters
disclosed.
FOWM os9� ExHiBIT C
ALTA COMMIr61ErI T (1956)
464
Fidelity National Title
Insurance Company
Commitment No: CD08-112942 -
Agent File No:
SCHEDULE B II
(Exceptions)
Schedule
B of the policy or
policies to be issued will contain
exceptions to
the following matters unless
the same
are disposed of to
the satisfaction of the Company:
1. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the
public records or attaching subsequent to the effective date hereof but prior to the date the Proposed
Insured acquires for value of record the estate or interest or mortgage thereon covered by this
Commitment.
2. All assessments and taxes for the year 2008 and all subsequent years, which are not yet due and
payable.
Taxes were wholly exempt for the year 2007 as follows:
Tax ID: 32-38-07-00000-1000-0000110
Note: Tax ID includes additional lands.
3. Any lien, or right to a lien, for services, labor or material heretofore or hereafter furnished, imposed
by law and not shown by the public records.
4. Any encroachments, easements, measurements, variations in area or content, party walls or other facts
which a correct survey of the premises would show.
5. Rights or claims of parties in possession not shown by the public records.
6. Conditions, Covenants, Stipulations and Agreements as set forth and contained in that Warranty Deed
from Graves Brothers Company to Alto Adams and Irlo Bronson, recorded April 10, 1943 in Deed
Book 34, Page 527, Public Records of Indian River County, Florida,
7. Terms of that Beneficial Drainage Lasement granted by the Sebastian River Drainage District to
Graves Brothers Company, a Florida corporation, recorded April 10, 1943 in Deed Book 36, Page
182, as affected by Agreement by and between Herschel A. Auxier and Lucy Pope Auxier, his wife
and Hugh Corrigan and C.E. Corrigan, his wife, recorded in Official Records Book 3, Page 470; and
as af€ected by that Final Decree recorded in Official Records Book 255, Page 267, Public Records of
Indian River County, Florida.
8. Reservation of one-half of all oil, gas and minerals of every kind and nature in, on and under, and that
may be produced from, the lands herewith conveyed as set forth and reserved by Herschel A. Auxier
and Lucy Pope Auxier, his wife in Warranty Deed recorded January 15, 1949 in Deed Book 52, Page
122, without right of entry however, as affected by conveyance thereof to Herschel A. Auxier, Jr., as
trustee of the Lucy P. Auxier Trust dated October 16, 1976, by Special Warranty Deed recorded May
12, 2000 in Official Records Book 1332, Page 2486, Public Records of Indian River County, Florida.
FORM24 -U-A ExHrEiT C
ALTA COL1Lq{MENT(l96ry
465
Fidelity National Title
Insurance Company
Commitment No: CD08-112942
Agent File No:
9. Agreement by and between the Governing Board of the St. Johns River Water Management District
and Jack M. Berry, Inc., formerly Berry Groves, Inc., a Florida corporation, recorded June 28, 1993 in
Official Records Book 978, Page 2359, Public Records of Indian River County, Florida. ( Note: Does
not give a specific legal of the lands encumbered thereby).
10. The nature, extent, or existence of riparian rights, if any, appurtenant to be insured lands lying below
the meanlordinary high water mark, are neither guaranteed nor insured, and the riparian rights of
others as the same may affect the said property, are hereby expected.
11. Notwithstanding the insuring provisions of the Commitment and/or Policy, legal right of access to
and from the insured land is not insured.
NOTE: In order to delete the survey exception, a satisfactory survey, in conformity.with the minimum
standards for land surveys made for title insurance purposes, certified to the Company and/or its
agent, through a current date, must be furnished at or before the closing, which survey discloses the
nature and extent of any encroachments, overlaps, boundary line discrepancies, or other matters
adversely affecting title to the property to be insured. Additional requirements and/or exceptions will
be made for any appropriate matters disclosed.
Items 1, 3, 4 and 5 will be deleted from Schedule B, Section 2 of the Commitment, provided:
a. a satisfactory current survey is submitted, if applicable;
b, an affidavit of the seller/mortgagor affirming no knowledge of any adverse matters or liens which
might affect the title to the property, and possession;
c. it is determined the real property taxes and special assessments have been paid;
d. it is determined there is nothing of record which would give rise to construction liens which
would take priority over the insured mortgage.
Additional exceptions will be made in the policy for any appropriate matters disclosed.
NOTE: The Company reserves the right to make further requirements and/or exceptions upon its review
of the proposed documents creating the estate or interest to be insured or otherwise ascertaining details of
the transaction.
If the proceeds of the loan to be secured by the insured mortgage are deposited with the Company or its
authorized agent, Item 1 above shall be deemed deleted as of the time such funds are disbursed to or for
the account of the borrower. Neither the company nor its agent shalt, however, be under any duty to
disburse any sum except upon a determination that no such adverse intervening matters have appeared of
record or occurred.
Items 3, 4 and
5 will be deleted provided: a satisfactory current survey is
submitted, if applicable; it
is
determined the
current year's taxes or special assessments have been paid;
an affidavit of possession,
in
MTEIT C
ALTA COMhOWNT 09W
466
Fidelity National Title
Insurance Company
Commitment No: CDOS-112942
Agent File No:
recordable form, is provided; it is determined there are no filled-in lands; and there is nothing of record
which would give rise to mechanic's liens which would take priority over the insured interest (where the
liens would otherwise take priority, submission of waivers is necessary). Additional exceptions will be
made in the policy for any appropriate matters disclosed.
Fn+.iT.res+ea�
END OF SCHEDULE B II
EXHIBIT C
467
Prepared by:
Record and Return to:
Donald F. Wright, Esq.
Wright, Fulford, Moorhead & Brown, P.A.
Post Office Box 2828
Oriando, Florida 32802
I
F
1
RELEASE AND HOLD HARMLESS AGREEMENT
THIS RELEASE AND HOLD HARMLESS AGREEMENT C Agreemenn is entered
into as of 2007s by J. PAT CORRIGAN FAMILY LIMITED PARTNERSHIP,
a Florida limited partnership, and HUGH CORRIGAN, III, FAMILY LEY=
PARTNERSHIP, a Florida limited partnership, whose mailing address is 7150 20th Street, Suite
E, Vero Beach, Florida 32966 C'Corrigan') in favor of ST. JOHNS RIVER WATER
MANAGEMENT DISTRICT, a public body existing under Chapter 373, Florida Statutes, whose
mailing address is 4049 Reid Street, Palatka, Florida 32177 ("District"). IL
i
WITNESSETH:.
WHEREAS, Corrigan and District are parties to a certain Agreement For Exchange of
Real Property and Settlement Agreement CTxohange and Settlement Agreement), dated
2007, pursuant to which District and Corrigan have agreed to exchange certain I
Property as defined in the Exchange and Settlement Agreement.
WHEREAS, in connection with the transactions contemplated by the Exchange and
Settlement Agreement, and as a material inducement for the parties to enter into the Exchange
and Settlement Agreement, Corrigan has agreed to release and hold the District harmless from
certain claims, both known and unknown, that Corrigan may have had, may have, or may in the
future have against District.
NOW, THEREFORE, in consideration of The premises and for other good and valuable
consideration, the receipt and sufficiency of which are hereby acknowledged, Corrigan hereby
agrees as follows:
1. General Release and Hold Harmless Agreement. The District and Corrigan
acknowledge that they entered into the Exchange and Settlement Agreement, in part, in
volunta.^y settlement of any past claims that Corrigan and the Corrigan family, their affiliates,
successors, and assigns ("Releasors") may now or hereafter have for any property now, or
formerly, or in the future, owned by the Releasors, lying west of Interstate I-95 in Township 32
South, Range 38 East, and a strip of Ind, if any, lying west of and adjacent to Sections 6, 7, 18,
193 30 and 31, in Township 32 South and Range 38 East, in Indian River County, Florida (the
46`8
"Corrigan Lands'). Therefore, on this date, and subject to the terms contained below, Releasors
hereby release and hold harmless the District for all past, present, and future claims by Releasors
("Released Claims') for any flooding or seepage on Corrigan Lands as a result of the District's
activities on lands owned by the District as a part of or in conjunction with the Upper St. Johns
River Basin Project ("Project"j. District and Corrigan ackwwledge that there presently exists
upon Corrigan Lands certain berms, dikes, or levee systems (hereinafter collectively the "Water
Control Structures') a portion of which are situate upon the western portion of the Corrigan
Lands lying adjacent to a Project reservoir, and located generally east of the eastern boundary
and shoreline of the Project reservoir. The parties acknowledge that. (i) the intended purpose of
the Water Control Structures is to protect Corrigan Lands from Bre movement of water from the
Project reservoir (in the form of flooding, seepage or other means) on to Corrigan Lands; and (ii)
Corrigan is the owner of the Water Control Structures, and District claims no ownership,
possessory interest, or right of use thereof; and (iii) Corrigan shall hereafter be allowed to
perform such management, maintemmov, and improvement activities upon and about the Water
Control Structures to serve the intended purpose indicated above and to protect the Corrigan
interests, from and after the Effective Date hereof provided, however, that nothing contained
herein shall be construed to eliminate applicable governmental permitting requirements,
constitute the issuance of a District permit, or otherwise waive the regulatory or permitting
authority of the District. Releasors shall be solely responsible for management, maintenance and
Protection of the Corrigan Lands by utilizing the Water Control Structures and any other
facilities necessary to protect Corrigan Lands from flooding, provided the District conducts its
water management activities m accordance with Paragraph 7-09 e. and Figure 7-4 of the
Preliminary Water Control Manual, Central and Southern Project for Flood Control and Other
Purposes, Upper St, Johns River Basin, U.S. Army, Corps of Engineers, September 1991 (copy
attached hereto as Exhibit "A'). In the event the District fails to conduct its water management
activities as set forth herein and above, then Releasors and the District may negotiate an
equitable settlement for repair of such damage, or Releasors may undertake any remedies
available by law to cure, correct, repair or otherwise rectify any damage to Corrigan Lands
resulting From such flooding or seepage, Any claims by Corrigan would be for damages and/or
injunctive relief arising on of said failure and not relate back or include any claims previously
released herein above. however, this paragraph does not prevent the District from maintaining
water levels in Blue Cypress Water Management Area that are lower than the elevations
specified in Paragraph 7-09 e. and Figure 74.
2. lag Fees. Corrigan acknowledges and agrees that the Released Claims include
all claims for costs, expenses and attorneys' fees, taxable or otherwise, incurred by Corrigan.
3. Authorit
Y. Corrigan represents and warrants that Corrigan has the sole right and
exclusive authority to execute this Agreement and to receive the aforesaid consideration, on
behalf of itself and on behalf of any entity that could assert aReleased Claim through Corrigan
and agrees to hold the District harmless from any such claim.
4. Amendment, It is expressly understood and agreed that this Agreement may not
be altered, amended, modified or otherwise changed in any respect whatsoever except by a
writing duly executed by authorized representatives of the parties hereto. Corrigan hereby agrees
that Corrigan will make no claim at any time or place that this Agreement has been orally altered
or modified or otherwise changed by oral communication of any kind or character,
469
5. Choice of Law. This Agreement shall be construed and enforced pursuant to the
laws of the State of Florida.
6. }3indinaConditions. The terms and conditions of this Agreement shall run with
the Corrigan Lands, and shall be binding on Corrigan, their affiliates, successors, or assigns, and
future owners of all or any portion of the Corrigan Iands in perpetuity. This Agreement maybe
recorded in the public records by either party,
7. Miscellaneous. Corrigan represents and warrants that (i) sufficient consideration
has been given for this Agreement; (ii) no promise or inducement not expressed herein has been
made, (iii) this Agreement is executed without reliance upon any statement or representation of
any party released hereunder or anyone acting on its or their behalf not expressed herein, (iv)
Corrigan has had sufficient opportunity to review this Agreement and has actually consulted with
counsel of its choosing with respect hereto; and (v) this Agreement is freely given and received,
is duly authorized and each party accepts full responsibility therefor.
IN WITNESS VYMREOF, the parties have caused this Agreement to be duly executed
and delivered as of the day and year fist above written.
Signed, sealed, and delivered
In our presence as witnesses:
Print name:
Print name:
J. PAT CORRIGAN FAMILY L=ED
PARTNERSHIP, a Florida limited partnership
By
I. PAT CORRIGAN, General Partner
HUGH CORRIGAN, III, FAMILY LIMITED
PARTNERSHIP, aFlorida limited partnership
By:
Print name: HUGH CORRIGAN, FII, General Partner
Print name:
47'0
ST. JOHNS RIVER WATER
MANAGEMENT DISTRICT
By:
DAVID G. GRAHAM, Chairman
ATTEST:
ANN TAYLOR MOORE, Secretary
APPROVED: 91R.W.M.D.
By:
Stanley J. Niego, Esq.
Office of General Counsel
STATB OF FLORIDA
COUNTY OF INDIAN RIVER
The foregoing instrument was acknowledged before me this day of
2007, by J. Pat Corrigan, General Partner, on behalf of J. PAT CORRIGAN
FAMILY LIMITED PARTNERSHIP, a Florida limited partnership, who is personally known to
me or produced as identification.
Notary Public
Print Name:
STATE OF FLORIDA My Commission Expires:
COUNTY OF INDIAN RIVER
The foregoing instrument was acknowledged before me this day of
2007, by HUGH Corrigan, III, General Partner on behalf of HUGH CORRIGAN
III, FAMILY LEvl= PARTNERSHIP, a Florida limited partnership, who is personally
known to me or produced as
identification.
Notary Public
Print Name:
My CUMInicaion Expires:
4
STATE OF FLORIDA
COUNTY OF PUTNAM
The foregoing inst =md was acknowledged before me this day of
2007, by DAVID G. GRAHAM, Chairman of the Governing Board of time St. Johns River Water
Management District, who is personally known tome,
i
NOTARY PUBLIC
Print Name:
My Commission Expires:
STATE OF FLORIDA
COUNTY OF PUTNAM
The foregoing instrument was acknowledged before me this day of
2007, by ANN TAYLOR MOORE, Secretary of the Governing Board of the St. Johns River
Water Management District, who is personally known to me. F
NOTARY PUBLIC
Print Name:
My Commission Expires:
V:1WFAMt:X IiMNC=9n-WRWMD\Pz1=e Md Hold Hmnku Agro t10-5-07 NEW CLEAN.dw
472
63!09/2007 ?3:03
3863294499
SJRWMD WATER REMLRC
PRELIMINARY wpvTER CUHTROL MANUAL
CENTRAL AND souTm PROJECT44,
FOR FLDOD CONTROL AND UrM PURPOSES
UPPER Si. ions RIM --SIN
CARPS OF ENGINEEDEPARTMENT-
SkCf�gOHYARMY
EaUiIi
JACKSaHYF1�,. FLORIDA,
SEPT Ff 1991
fnrm
PAG 02/04
473
03/09/2007 13:03 3063294499 SJRMC WATER
Rc aJRC PAGE 03/04
f• Fort Drum Marsh Conservation Area M A1,
specified in Interim plan 2. Operations.will be as
9• S . Johns�iYer_i1nOd Plain. Part of L -74H and culvert structure
S-255 will be compete prior to .this interim plan, S-Zs5 has flapgates which
permit water to flow freely from east side of L-701 to the floodplain of the
St. Johns River,
7-09. Interim plan S, During this interim plan L»74H Remainder, L-82, and
S-257 will be constructed. $4258 will' be functional. The FDMCA, ROMCA,
BCWMA, and the SJWMA will be fully functional during this interim plan. This
interim plan will -,be used until the cainpietimn of Contracts 53, SC, and So
which will be the completion Of 4.411 project features.
a• Jane ii Plan 1. een Detention Are•, ! Operations will
in Interim continue as specified
b. Taylor Cr e Reservoir. Operations will continue as specified in
Interim Plan .1,
C6 St. 3ohns Water Mana4emant 'pre, (c_MAJ6 Operations will continue
as -specified in Interim plan 3.
d. Biue..Cwre s Marsh Conservation Area (50CA). Operations wird be
as specified under Idter,tq pian 4,
e.
will be nfner.GvnresS.,M sr•Manaaemant Ar" (MMA1, Mater in the BcWMA l
seasonally regueied hetween eleuations. and 25.5 ft., WgtlO,
The regul3t.10n•Schedule. is ftntnd'Orr FPgure used 7»4, When the" s. age is i Zone A,
.S -96D wit} be ud to make maximum releases to the Sum, The. spillway gates
shall be opened and closed gradually to provide an even transition to the new
flow regime and to minimize the hydradlic affects downstream. The correct
gate setting for S -96D can be determined from pgthe,Discharge Rating Curves
found in additional 600dcfsA.ndSJRWM culvert rSPP conditiousSfrom�iE�eoi1GWMA e Of oto theiSJWMk. When
eD
mahyo be Ica
S 3omayBal a ea opened foreD iennmennmentad' Water supplyter Purposes
releases. S-251 will normally retain°open. S-251 will he used to control
—�
East- BCWMA to prevent ovardrainage of ;the east.por 36 ,—
private levees bordering tfie East BMA, and to prevent reverse (bows at high
stages from the West 9CWMA to the East RUMA, If the stage in the West BCWMA
is greater than 25.0 ft. and is also greater than the stage in the East BCWMA,
then S-251 should be closed. 5-251 may also be closed for environmental
purposes. S-254', a weir structure, lotaied in the western portion of L-77
will prevent the build up of head an fha levee. hater will flow freely over
the weir when the water surface reeches elevation 26l6ater ft., flowNGVD into the.
BCMCA to assure post -project flood stages (above the weir elevation) in the
flowway and south of lite turnpike that are Tess than or equal to pre -project
conditions, Stage vs, Storage data fo`r the SCWMA is found on Table 7-6
located at the end of the chapter,
474
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FIGURE I-4
475
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FIGURE I-4
475
Assienment, Settlement and Covenant Agreement
Exhibit C — "The Property"
ALL OFF SECTION 7, TOWNSHIP 32 SOUTH, RANGE 38 EAST, LESS AND EXCEPTING THE NORTH
120.00 THEREOF;
AND
ALL THAT PART OF SECTIONS BAND 9, TOWNSHIP 32 SOUTH, RANGE 38 EAST, LYING WEST
OF THE WEST RIGHT-OF-WAY LINE OF INTERSTATE 95 (STATE ROAD N0. 91 A 300 FOOT WIDE
RIGHT-OF-WAY), LESS AND EXCEPT THAT PART 'OF THE NORTH 100 FEET OF SECTION 8,
TOWNSHIP 32 SOUTH, .RANGE 38 EAST, LYING'WEST OF THE WEST RIGHT-OF-WAY OF
INTERSTATE H (STATE ROAD 9, A. 300 FOOT WIDE RIGHT-OF-WAY) AND EAST OF THE EAST
RIGHT-OF�WAY LINE OF THE 170 FOOT WIDE FLORIDA POWER AND LIGHT COMPANY
TRANSMISSION LINE RIGHT-OF"WAY AGREEMENT;
AND ALSO LESS AND EXCEPTING THE FDLOWING DESCRIBED PARCEL:
BEGINNING AT THE NORTHWEST CORNER OF SECTION 8, TOWNSHIP 32 SOUTH, RANGE 38
EAST, RUN SOUTH 89056153" EAST ALONG THE NORTH LINE OF SAID SECTION 8, A DISTANCE
OF 41332.24 FEET TO THE EAST RIGHT-OF-WAY LINE OF A 170.00 FOOT WIDE FLORIDA. POWER
AND LIGHT COMPANY TRANSMISSION LINE RIGHT-OF-WAY EASEMENT, SAID EASEMENT
RECORDED IN OFFICIAL RECORD BOOK 34, PAGE 312, OFFICIAL RECORD BOOK 125, PAGE 255
AND OFFICIAL RECORD BOOK 194, PAGE 695, PUBLIC RECORDS OF INDIAN RNER COUNTY,
FLORIDA; THENCE RUN SOUTH 18045'36" EAST ALONG SAID EAST LINE OF THE 170 FOOT
RIGHT-OF-WAY EASEMENT, A DISTANCE OF 105.62 FEET; THENCE RUN SOUTH 82056'53" EAST
ON A LINE 100.00 FEET SOUTH OF, PARALLEL WITH AND NORMAL TO THE AFOREMENTIONED
NORTH LINE OF SECTION 81 A DISTANCE OF 746.09 FEET TO THE WEST RIGHT-OF-WAY LINE OF
INTERSTATE 95 (STATE ROAD NO, 9, A 300 FOOT WIDE RIGHT-OF-WAY); THENCE RUN SOUTH
11623'37" EAST ALONG SAID WEST RIGHT-OF-WAY LINE, A DISTANCE OF 254829 FEET;.
THENCE, DEPARTING SAID WEST RIGHT-OF-WAY LINE, RUN NORTH 89956'53" WEST, PARALLEL
WITH AND NORMAL TO THE AFOREMENTIONED NORTH LINE OF SECTION 81 A DISTANCE OF
400.00 FEET TO THE AFOREMENTIONED EAST RIGHT-OF-WAY LINE OF THE 170,00 POOT WIDE
FLORIDA POWER AND LIGHT COMPANY TRANSMISSION LINE RIGHT-OF-WAY EASEMENT;
THENCE RUN NORTH 18°46'50" WEST, ALONG SAID EAST RIGHT-OF-WAY LINE, A DISTANCE OF
2480.22 FEET; THENCE, DEPARTING SAID EAST RIGHT-OF-WAY EASEMENT UNE, RUN NORTH
89058'53" WEST ON A LINE 250.00 FEET SOUTH OF, PARALLEL WITH AND NORMAL TO THE
AFOREMENTIONED NORTH LINE OF SECTION 81 A DISTANCE OF 794.25 FEET; THENCE RUN
NORTH 80°08'53" WEST, A DISTANCE OF 761.18 FEET; THENCE RUN NORTH 89058'53" WEST ON
A LINE 120.00 FEET SOUTH OF, PARALLEL WITH AND NORMAL TO THE AFOREMENTIONED
NORTH LINE OF SECTION 8, A DISTANCE OF 2873,46 FEET TO THE WEST LINE OF SAID
SECTION 6; THENCE RUN NORTH DD*12'48" EAST, ALONG SAID WEST LINE OF SECTION 8, A
DISTANCE OF 120.D0 FEET TO THE POINT OF BEGINNING.
Prepared By:
Stanley J. Niego, Esquire
St. Johns River Water Management District
P.O. Box 1429
Palatka, Florida 32178-1429
Return To:
Donald F. Wright, Esquire
Wright, Fulford, Moorhead & Brown, P.A.
P.O. Box 2828
Orlando, Florida 32802-2828
COUNTY DEED
THIS INDENTURE, made and executed the day of 2008
by INDIAN RIVER COUNTY, a political subdivision of the State of Florida, whose
mailing address is 180127 tStreet, Vero Beach, FL 32960 ("Grantor"), to ST. JOHNS
RIVER WATER MANAGEMENT DISTRICT, a public body existing under Chapter
373, Florida Statutes, whose post office address is Post Office Box 1429, Palatka, Florida
32178-1429 ("Grantee").
WITNESSETH:
THAT Grantor, for and in consideration of the sum of Ten Dollars ($10.00) and
other valuable consideration, receipt whereof is hereby acknowledged, hereby grants,
bargains, sells, aliens, remises, releases, conveys and confirms unto Grantee, its successors
and assigns forever, all that certain land situate in Indian River County, Florida, to -wit:
SEE EXHIBIT "A" ATTACHED HERETO
AND INCORPORATED HEREIN BY THIS REFERENCE
TOGETHER with all the tenements, hereditaments and appurtenances thereto
belonging or in anywise appertaining.
SUBJECT TO those exceptions listed on Exhibit `B," attached hereto and
incorporated herein by this reference.
RESERVING unto the Grantor a non -assignable easement for the perpetual
conservation of the lands conveyed hereby, provided, however, that said conservation
easement shall at all times be subordinate to the right of the Grantee to utilize the lands
conveyed hereby for water storage, flood control, and other water management purposes, as
presently existing or as they maybe modified in the future by Grantee, in its sole judgment
and discretion.
Exhibit D —
THIS INSTRUMENT IS EXEMPT FROM STATE DOCUMENTARY
STAMP TAX PURSUANT TO SECTION 12B4.014(10) F.A.C.
TO HAVE AND TO HOLD, the same in fee simple forever.
AND Grantor hereby covenants that Grantor has good right and lawful authority to
sell and convey said land; and that said land is free of all encumbrances except easements,
restrictions and reservations of record, but the reference thereto shall not serve to re-
impose same.
IN WITNESS WHEREOF, Grantor has signed and sealed these presents the day and
year first above written and executed the same in accordance with section 125.411, Florida
Statutes.
Attest: J, K. Barton, Clerk
By
Deputy Clerk
(SEAL)
STATE OF FLORIDA
INDIAN RIVER COUNTY
Indian River County, Florida
Board of County Commissioners
a
Sandra L. Bowden, Chairman
BEFORE ME, an officer duly authorized to take acknowledgments in the State
and County aforesaid, personally appeared SANDRA L. BOWDEN, as Chairman of the
Indian River County Board of County Commissioners, who is personally known to me or
produced as identification, and who
executed the foregoing document, and acknowledged before me that he executed the
same.
WITNESS my hand and official seal this _ day of
(NOTARIAL SEAL)
Notary Public
My Commission Expires:
KIIIT.
EXHIBIT "A"
LEGAL DESCRIPTION OF PROPERTY
Parcel 1 (Fee Simple Estate):
A parcel of land being a portion of Section 30, Township 32 South, Range 38 East, Indian River County,
Florida, more particularly described as follows:
Fora point of reference commence at the Southwest corner of Section 30, Township 32 South, Range 38
East, Indian River County, Florida; thence run North 00 degrees 26 minutes 45 seconds East, along the
West boundary of said Section, a distance of 150.00 feet to a point on a line 150.00 feet North of and
parallel with the South line of said Section 30, for the.POINT OF BEGINNING; thence run North 00
degrees 26 minutes 45 seconds East along said West boundary, a distance of 5153.81 feet, thence run
South 88 degrees 27 minutes 00 seconds East, for a distance of 2621.03 feet; thence run South 00 degrees
20 minutes 55 seconds West for a distance of 2638.63 feet; thence run North 89 degrees 14 minutes 54
seconds East for a distance of 2619.42 feet; thence run South 00 degrees 18 minutes 22 seconds West for
a distance of 2501.73 feet to a point on said line lying 150.00 North of and parallel with the South line of
said Section 30; thence run North 89 degrees 44 minutes 51 seconds West, along said line, for a distance
of 5250.01 feet to the POINT OF BEGINNING.
Parcel 2 (Easement Estate):
Together with that certain perpetual Drainage Easement as set forth and reserved in that Special Warranty
Deed recorded July 17, 2003 in Official Records Book 1615, Page 2157, Public Records of Indian River
County, Florida, over the following parcel, to wit:
The South 150 feet of Section 30, Township 32 South, Range 38 East, Indian River County, Florida.
EXHIBIT "B"
TITLE EXCEPTIONS
SCHEDULE E II
(Exceptions)
Schedule B of the policy or policies to be issued will contain exceptions to the following matters unless
the same are disposed of to the satisfaction of the Company;
1. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the
public records or attaching subsequent to the effective date hereof but prior to the date the Proposed
Insured acquires for value of record the estate or interest or mortgage thereon covered by this
Commitment.
2. All assessments and taxes for the year 2008 and all subsequent years, which are not yet due and
payable.
NOTE; Real estate taxes for the year 2007 are paid; 2007 gross amount being $398.66; Tax I.D.
#32-3 9-30-00000-1000-00001/0.
3. Any lien, or right to a lien, for services, labor or material heretofore or hereafter furnished, imposed
by law and not shown by the public records.
4. Any encroachments, easements, measurements, variations in area or content, parry walls or other facts
which a correct survey of the premises would show.
5. Rights or claims of parties in possession not shown by the public records.
6. Any right, title or interest as to oil, gas and/or minerals as referred to in that certain instrument
recorded February 2, 1951, in Deed Book 63. Page 483, Public Records of Indian River County,
Florida. NOTE: The right of entry has been released
7. Any rights or interest as indicated by that certain Stumpage Sale Contract recorded in Official Record
Book 191. Page 770. Public Records of Indian River County, Florida.
S. Drainage Flowage Easement in favor of James B. Cain, recorded July 17, 2003, in Official Records
Book 1615, Page 2147, Public Records of Indian River County, Florida.
9. Rights of others in and to any canals located upon the subject property.
10. Notwithstanding the insuring provisions of the Commitment and/or Policy, legal right of access to
and from the insured land is not insured.
Prepared By:
Stanley J. Niego, Esquire
St. Johns River Water Management District
P.O. Box 1429
Palatka, Florida 32178-1429
Return To.-
Donald
o:Donald F. Wright, Esquire
Wright, Fulford, Moorhead & Brown, P.A.
P.O. Box 2828
Orlando, Florida 32802-2828
FEE SIMPLE DEED
THIS INDENTURE, made and executed the day of , 2008 by
ST, JOHNS RIVER WATER MANAGEMENT DISTRICT, a public body existing under
Chapter 373, Florida Statutes, whose post office address is Post Office Box 1429, Palatka,
Florida 32178-1429 ("Grantor"), to INDIAN RIVER COUNTY, a political subdivision of the
State of Florida, whose mailing address is 180127'1' Street, Vero Beach, FL 32960, as to an
undivided Twenty Three and 29/100 (23.291/o) percent interest ("Grantee").
WITNESSETH:
THAT Grantor, for and in consideration of the sum of Ten Dollars ($10.00) and other
valuable consideration, receipt whereof is hereby acknowledged, hereby grants, bargains, sells,
aliens, remises, releases, conveys and confirms unto Grantee, its successors and assigns, an
undivided Twenty Three and 29/100 (23.29%) percent interest in all that certain land situate in
Indian River County, Florida ("the Property"), to -wit:
SEE EXHIBIT "A" ATTACHED HERETO
AND INCORPORATED HEREIN BY THIS REFERENCE
TOGETHER with all the tenements, hereditaments and appurtenances thereto belonging
or in anywise appertaining.
SUBJECT TO those exceptions listed on Exhibit `B," attached hereto and
incorporated herein by this reference.
Exhibit E
THIS INSTRUMENT IS EXEMPT FROM STATE DOCUMENTARY STAMP
TAX PURSUANT TO SECTION 12B-4.014(10) F.A.C.
TO HAVE AND TO HOLD, the same in fee simple forever.
AND Grantor hereby covenants with Grantee that Grantor has good right and lawful
authority to sell and convey said land; and that said land is free of all encumbrances except
easements, restrictions and reservations of record, but the reference thereto shall not serve to re-
impose same.
IN WITNESS WHEREOF, Grantor has signed and sealed these presents the day and year
first above written.
ST. JOHNS RIVER WATER
MANAGEMENT DISTRICT, a public body
existing under Chapter 373, Florida
Statutes
By:
ATTEST:
DAVID G. GRAHAM, Chairman
BY (SEAL)
ANN TAYLOR MOORE, Secretary
STATE OF FLORIDA
COUNTY OF PUTNAM
The foregoing instrument was acknowledged before me this _ day of
2008, by DAVID G. GRAHAM, as Chairman of the Governing Board of the ST. JOHNS
RIVER WATER MANAGEMENT DISTRICT, a public body existing under Chapter 373,
Florida Statutes. He is personally known to me.
Print
STATE OF FLORIDA
COUNTY OF PUTNAM
The foregoing instrument was acknowledged before me this day of
2008, by ANN TAYLOR MOORE, as Secretary of the Governing Board of
the ST. JOHNS RIVER WATER MANAGEMENT DISTRICT, a public body existing
under Chapter 373, Florida Statutes. She is personally known to me.
Print name:
EXHIBIT "A"
LEGAL DESCRIPTION OF PROPERTY
ALL OF SECTION 7, TOWNSHIP 32 SOUTH, RANGE 38 EAST, LESS AND EXCEPTING THE NORTH
120.00 THEREOF;
AND
ALL THAT PART OF SECTIONS 8 AND 9, TOWNSHIP 32 SOUTH, RANGE 38 EAST, LYING WEST
OF THE WEST RIGHT-OF-WAY LINE OF INTERSTATE 95 (STATE ROAD NO. 9, A 300 FOOT WIDE
RIGHT-OF-WAY), LESS AND EXCEPT THAT PART OF THE NORTH 100 FEET OF SECTION 8,
TOWNSHIP 32 SOUTH, RANGE 38 EAST, LYING WEST OF THE WEST RIGHT-OF-WAY OF
INTERSTATE 95 (STATE ROAD 9, A 300 FOOT WIDE RIGHT-OF-WAY) AND EAST OF THE EAST
RIGHT-OF-WAY LINE OF THE 170 FOOT WIDE FLORIDA POWER AND LIGHT COMPANY
TRANSMISSION LINE RIGHT-OF-WAY AGREEMENT;
AND ALSO LESS AND EXCEPTING THE FOLOWING DESCRIBED PARCEL:
BEGINNING AT THE NORTHWEST CORNER OF SECTION 8, TOWNSHIP 32 SOUTH, RANGE 38
EAST, RUN SOUTH 89058153" EAST ALONG THE NORTH LINE OF SAID SECTION 8, A DISTANCE
OF 4,332.24 FEET TO THE EAST RIGHT-OF-WAY LINE OF A 170.00 FOOT WIDE FLORIDA POWER
AND LIGHT COMPANY TRANSMISSION LINE RIGHT-OF-WAY EASEMENT, SAID EASEMENT
RECORDED IN OFFICIAL RECORD BOOK 34, PAGE 312, OFFICIAL RECORD BOOK 125, PAGE 255
AND OFFICIAL RECORD BOOK 194, PAGE 695, PUBLIC RECORDS OF INDIAN RIVER COUNTY,
FLORIDA; THENCE RUN SOUTH 18045'36" EAST ALONG SAID EAST LINE OF THE 170 FOOT
RIGHT-OF-WAY EASEMENT, A DISTANCE OF 105.62 FEET; THENCE RUN SOUTH 89058'53" EAST
ON A LINE 100.00 FEET SOUTH OF, PARALLEL WITH AND NORMAL TO THE AFOREMENTIONED
NORTH LINE OF SECTION 8, A DISTANCE OF 746.09 FEET TO THE WEST RIGHT-OF-WAY LINE OF
INTERSTATE 95 (STATE ROAD NO. 9, A 300 FOOT WIDE RIGHT-OF-WAY); THENCE RUN SOUTH
11023'37" EAST ALONG SAID WEST RIGHT-OF-WAY LINE, A DISTANCE OF 2548.29 FEET;
THENCE, DEPARTING SAID WEST RIGHT-OF-WAY LINE, RUN NORTH 89058953" WEST, PARALLEL
WITH AND NORMAL TO THE AFOREMENTIONED NORTH LINE OF SECTION 8, A DISTANCE OF
400.00 FEET TO THE AFOREMENTIONED EAST RIGHT-OF-WAY LINE OF THE 170.00 FOOT WIDE
FLORIDA POWER AND LIGHT COMPANY TRANSMISSION LINE RIGHT-OF-WAY EASEMENT;
THENCE RUN NORTH 18046'50" WEST, ALONG SAID EAST RIGHT-OF-WAY LINE, A DISTANCE OF
2480.22 FEET; THENCE, DEPARTING SAID EAST RIGHT-OF-WAY EASEMENT LINE, RUN NORTH
89058'53" WEST ON A LINE 250.00 FEET SOUTH OF, PARALLEL WITH AND NORMAL TO THE
AFOREMENTIONED NORTH LINE OF SECTION 8, A DISTANCE OF 794.25 FEET; THENCE RUN
NORTH 80008'53" WEST, A DISTANCE OF 761.18 FEET; THENCE RUN NORTH 89°58'53" WEST ON
A LINE 120.00 FEET SOUTH OF, PARALLEL WITH AND NORMAL TO THE AFOREMENTIONED
NORTH LINE OF SECTION 8, A DISTANCE OF 2873.46 FEET TO THE WEST LINE OF SAID
SECTION 8; THENCE RUN NORTH 00012'48" EAST, ALONG SAID WEST LINE OF SECTION 8, A
DISTANCE OF 120.00 FEET TO THE POINT OF BEGINNING.
EXHIBIT "B"
TITLE EXCEPTIONS
CHICAGO TITLE INSURALNCE COMPANY
SCHEDULE B
Policy Number: 10 2871 106 00000001
This policy does not insure against loss or damage (and the Company will not pay costs,
attorneys fees or expenses) which arise by reason of:
General Exceptions:
Any claim that any portion of said lands are sovereignty lands of the State of Florida,
including submerged, filled or artificially exposed lands and lands accreted to such lands.
2. Taxes and assessments for the year 1999 and subsequent years.
3. Restrictions, reservations, covenants and limitations, according to the instrument recorded
in Deed Book 34, page 527, of the public records of Indian River County, Florida.
4. Easement in favor of Graves Brothers Company for drainage purposes, as reserved and
according to instrument recorded in Deed Book 36, page 182, of the public records of
Indian River County, Florida.
5. Terms and provisions of that certain Agreement recorded in Official Records Book 3,
page 470, of the public records of Indian River County, Florida.
Terms and provisions of that certain Final Decree (Case No. 7120-E, Nineteenth Judicial
Circuit, Indian River County, Florida), as recorded in Official Records Book 255, page
267, of the public records of Indian River County, Florida.
Easement(s) in favor of Florida Power & Light Company for utility purposes, as reserved
and according to instrument recorded in Official Records Book 34, page 312, Official
Records Book 125, page 255, Official Records Book 194, page 695, Official Records
Book 943, page 2449 and Official Records Book 1133, page 833, of the public records of
Indian River County, Florida.
Tetras and provisions of that certain Agreement between Florida Power and Light
Company, and Houston Texas Gas and Oil Corporation, as recorded in Official Records
Book 76, page 496, of the public records of Indian River County, Florida.
Easement(s) in favor of Florida Gas Transmission Company for pipeline purposes, as
reserved and according to instrument recorded in Official Records Book 268, page 502,
of the public records of Indian River County, Florida.
10. Terms and provisions of that certain Water Flowage Agreement with Vero Lakes Water
Control District, as recorded in Official Records Book 908, page 2589, of the public
records of Indian River County, Florida.
IL . Terms and provisions of that certain Agreement with. St. Johns River Water Management
District, as recorded in Official Records Book 978, page 2359, of the public records of
Indian River County, Florida.
12. Restrictions, reservations and limitations, according to those certain instruments recorded
in Official Records Book 1124, page 2101 and Official Records Book 1124. page 2107,
of the public records of Indian River County, Florida.
13. Fall Radius Easement as reserved and according to instrument recorded in Official
Records Book 1124, page 2114, of the public records of Indian River County, Florida.
14. Order of Taking (Houston Texas Gas and Oil, -vs- T. A. Peebles, et al.), according to
instrument recorded in Official Records Book 69, page 330, of the public records of
Indian River County, Florida.
15. Interest of Indian River County in rights of way that may exist between Tracts 1119 and
1120, and between Tracts 1115 and 1116.
16. Unrecorded lease and ingress and egress agreements dated August 12, 1996, between
Jack M. Berry, Inc. and Talcom, Inc.
17. Unrecorded land lease for billboard location dated September 9, 1996 from Jack M.
Berry, Inc., to National Advertising Company.
18. That easement from Fellsmere Water Control District, a quasi -public body existing under
Chapter 298 of the Florida Statutes and the St. Johns River Water Management District,
a public body existing under Chapter 373 of the Florida statutes, dated June 9, 1999 and
recorded on September 1, 1999 in Official Record Book 1292 at page 1917 of the public
records of Indian River County, Florida.
Countersigned:
Floyd m mo"A�
Authorized Signatory \
Note: This policy consists of insert pages labeled Schedules A and B. This policy is of no force and effect
unless both Pages are included along with any added pages incorporated by reference.
Prepared By and Return To:
Stanley J. Niego, Esquire
St. Johns River Water Management District
P.O. Box 1429
Palatka, Florida 32178-1429
Return To:
Donald F. Wright, Esquire
Wright, Fulford, Moorhead & Brown, P.A.
P.O. Box 2828
Orlando, Florida 32802-2828
MUTUAL DEED RESTRICTION
THIS MUTUAL DEED RESTRICTION, made and executed the day of
2008 by and between ST. JOHNS RIVER WATER
MANAGEMENT DISTRICT, a public body existing under Chapter 373, Florida Statutes,
whose post office address is Post Office Box 1429, Palatka, Florida 32178-1429 ("the
District') and INDIAN RIVER COUNTY, a political subdivision of the State of Florida,
whose mailing address is 1801 27th Street, Vero Beach, FL 32960 ("the County")
(collectively referred to as "the Parties").
WITNESSETH:
WHEREAS, the District is the owner of an undivided 76.71 percent interest and the
County is the owner of an undivided 23.29 percent interest in the following described
property, located in Indian River County, Florida:
SEE EXHIBIT "A" ATTACHED HERETO
AND INCORPORATED HEREIN BY THIS REFERENCE; and
WHEREAS, the Parties wish to ensure that neither party takes any action with
regard to the alienation of its interest in the Property, in whole or in part, or placement of
any encumbrance on the Property, without the consent of the other party.
NOW. THEREFORE, in consideration of the aforesaid premises, which are hereby
made a part hereof. and the sum of Ten Dollars ($10.00) and other valuable consideration,
receipt whereof is hereby acknowledged, the Parties hereby agree as follows:
Exhibit F
I . Neither the District nor the County shall take any action that conveys,
assigns, or otherwise transfers an interest in the Property, in whole or in part, without the
prior written consent of the other party, with the exception that the County may transfer
its undivided interest in the Property, in whole or in part, to the State of Florida Board of
Trustees of the Internal Improvement Trust Fund ("the Trustees") or the State of Florida
Department of Environmental Protection (FDEP). The Trustees or FDEP must accept the
conveyance of any interest transferred by the County. The document evidencing written
consent by both parties shall be in recordable form, signed by officers of each party
having the authority to execute deeds of conveyance, and attached to any instrument
conveying the County or the District's interest in the Property to a third party.
2. This deed restriction shall run with the land and be perpetual in nature, but
may be revoked upon the recording of a document executed by the duly authorized
officials of both parties.
IN WITNESS WHEREOF, the Parties have signed and sealed this Mutual Deed
Restriction the day and year first above written.
ATTEST:
By:
ANN TAYLOR MOORE, Secretary
STATE OF FLORIDA
COUNTY OF PUTNAM
ST. JOHNS RIVER WATER
MANAGEMENT DISTRICT, a public
body existing under Chapter 373,
Florida Statutes
By:
DAVID G. GRAHAM, Chairman
(SEAL)
The foregoing instrument was acknowledged before me this day of
, 2008, by DAVID G. GRAHAM, as Chairman of the Governing Board of the
ST. JOHNS RIVER WATER MANAGEMENT DISTRICT, a public body existing
under Chapter 373, Florida Statutes. He is personally known to me.
name:
STATE OF FLORIDA
COUNTY OF PUTNAM
The foregoing instrument was acknowledged before me this day of
2008, by ANN TAYLOR MOORE, as Secretary of the Governing Board
of the ST. JOHNS RIVER WATER MANAGEMENT DISTRICT, a public body
existing under Chapter 373, Florida Statutes. She is personally known to me.
Print name:
(Remaining signatures on next page)
Signed, sealed and delivered
in the presence of:
Print/Type Witness Name
Print/Type Witness Name
STATE OF FLORIDA
INDIAN RIVER COUNTY
INDIAN RIVER COUNTY,
FLORIDA
By:
Chairman
Attest:
By:
Deputy Clerk
(SEAL)
BEFORE ME, an officer duly authorized to take acknowledgments in the State
and County aforesaid, personally appeared as
Chairman of the Indian River County Board of County Commissioners, who is personally
known to me or produced as identification, and who executed
the foregoing document, and acknowledged before me that he executed the same.
WITNESS my hand and official seal this _ day of
(NOTARIAL SEAL)
STATE OF FLORIDA
INDIAN RIVER COUNTY
Notary Public
My Commission Expires:
2008.
BEFORE ME, an officer duly authorized to take acknowledgments in the State
and County aforesaid, personally appeared as Deputy
Clerk of the Indian River County Board of County Commissioners, who is personally
known to me or produced as identification, and who
executed the foregoing document, and acknowledged before me that he executed the
same.
WITNESS my hand and official seal this _ day of 2008.
(NOTARIAL SEAL)
Notary Public
My Commission Expires:
EXHIBIT "A"
LEGAL DESCRIPTION OF PROPERTY
ALL OF SECTION 7, TOWNSHIP 32 SOUTH, RANGE 38 EAST, LESS AND EXCEPTING THE NORTH
120.00 THEREOF;
Wi.
ALL THAT PART OF SECTIONS 8 AND 9, TOWNSHIP 32 SOUTH, RANGE 38 EAST, LYING WEST
OF THE WEST RIGHT-OF-WAY LINE OF INTERSTATE 95 (STATE ROAD NO. 91 A 300 FOOT WIDE
RIGHT-OF-WAY), LESS AND EXCEPT THAT PART OF THE NORTH 100 FEET OF SECTION 8,
TOWNSHIP 32 SOUTH, RANGE 38 EAST, LYING WEST OF THE WEST RIGHT-OF-WAY OF
INTERSTATE 95 (STATE ROAD 9, A 300 FOOT WIDE RIGHT-OF-WAY) AND EAST OF THE EAST
RIGHT-OF-WAY LINE OF THE 170 FOOT WIDE FLORIDA POWER AND LIGHT COMPANY
TRANSMISSION LINE RIGHT-OF-WAY AGREEMENT;
AND ALSO LESS AND EXCEPTING THE FOLOWING DESCRIBED PARCEL:
BEGINNING AT THE NORTHWEST CORNER OF SECTION 8, TOWNSHIP 32 SOUTH, RANGE 38
EAST, RUN SOUTH 89058'53" EAST ALONG THE NORTH LINE OF SAID SECTION 8, A DISTANCE
OF 4,332.24 FEET TO THE EAST RIGHT-OF-WAY LINE OF A 170.00 FOOT WIDE FLORIDA POWER
AND LIGHT COMPANY TRANSMISSION LINE RIGHT-OF-WAY EASEMENT, SAID EASEMENT
RECORDED IN OFFICIAL RECORD BOOK 34, PAGE 312, OFFICIAL RECORD BOOK 125, PAGE 255
AND OFFICIAL RECORD BOOK 194, PAGE 695, PUBLIC RECORDS OF INDIAN RIVER COUNTY,
FLORIDA; THENCE RUN SOUTH 18045'36" EAST ALONG SAID EAST LINE OF THE 170 FOOT
RIGHT-OF-WAY EASEMENT, A DISTANCE OF 105.62 FEET; THENCE RUN SOUTH 89058'53" EAST
ON A LINE 100.00 FEET SOUTH OF, PARALLEL WITH AND NORMAL TO THE AFOREMENTIONED
NORTH LINE OF SECTION 8, A DISTANCE OF 746.09 FEET TO THE WEST RIGHT-OF-WAY LINE OF
INTERSTATE 95 (STATE ROAD NO. 9, A 300 FOOT WIDE RIGHT-OF-WAY); THENCE RUN SOUTH
11023'37" EAST ALONG SAID WEST RIGHT-OF-WAY LINE, A DISTANCE OF 2548.29 FEET;
THENCE, DEPARTING SAID WEST RIGHT-OF-WAY LINE, RUN NORTH 89058'53" WEST, PARALLEL
WITH AND NORMAL TO THE AFOREMENTIONED NORTH LINE OF SECTION 8, A DISTANCE OF
400.00 FEET TO THE AFOREMENTIONED EAST RIGHT-OF-WAY LINE OF THE 170.00 FOOT WIDE
FLORIDA POWER AND LIGHT COMPANY TRANSMISSION LINE RIGHT-OF-WAY EASEMENT;
THENCE RUN NORTH 18046'50" WEST, ALONG SAID EAST RIGHT-OF-WAY LINE, A DISTANCE OF
2480.22 FEET; THENCE, DEPARTING SAID EAST RIGHT-OF-WAY EASEMENT LINE, RUN NORTH
89058'53" WEST ON A LINE 250.00 FEET SOUTH OF, PARALLEL WITH AND NORMAL TO THE
AFOREMENTIONED NORTH LINE OF SECTION 8, A DISTANCE OF 794.25 FEET; THENCE RUN
NORTH 80008'53" WEST, A DISTANCE OF 761.18 FEET; THENCE RUN NORTH 89°58'53" WEST ON
A LINE 120.00 FEET SOUTH OF, PARALLEL WITH AND NORMAL TO THE AFOREMENTIONED
NORTH LINE OF SECTION 8, A DISTANCE OF 2873.46 FEET TO THE WEST LINE OF SAID
SECTION 8; THENCE RUN NORTH 00012'48" EAST, ALONG SAID WEST LINE OF SECTION 8, A
DISTANCE OF 120.00 FEET TO THE POINT OF BEGINNING.
OWNER'S AFFIDAVIT OF TITLE
BEFORE ME, the undersigned authority, personally appeared the undersigned
Kirby B. Green, III ("Affiant"), whose title is the Executive Director of the St. Johns River
Water Management District, who states on behalf of Seller (as hereinafter defined) as
follows:
ST. JOHNS RIVER WATER MANAGEMENT DISTRICT, a public body existing
under Chapter 373, Florida Statutes, ("Seller"), is the owner of and is selling an
undivided 23.29% interest in the following described property to INDIAN RIVER
County, a political subdivision of the State of Florida ("Buyer"), to wit:
See Exhibit "A" attached hereto for legal description (hereinafter
"Property").
The Property is free and clear of all liens, taxes, encumbrances, and claims of
every kind, nature and description of record whatsoever, except as set forth in
Chicago Title Insurance Company Policy No. 10 2871 106 00000001, dated April
5, 1999, at 3:39 p.m. (hereinafter "Title Policy"), and except for that certain
unrecorded Cattle Grazing Lease entered into between Seller and Cresent TS
Cattle Company on April 12, 2000.
3. There have been no improvements to the Property since acquisition by the Seller
for which the costs remain unpaid; there are no claims for labor or material
furnished for improving the same that remain unpaid since the acquisition by
Seller; and there are no mechanic's, materialmen's, or laborer's liens since
acquisition by Seller against the Property.
4. There have been no documents recorded by Seller in the Public Records of
Indian River County, Florida, subsequent to April 5, 1999, that affect title to the
Property; and Seller has not entered into any contracts for the sale, disposition
or leasing of the Property thereafter, except as may have been disclosed to
Buyer in writing; and Seller has no knowledge of any matter affecting title to the
Property subsequent to the issuance of the Title Policy.
5. The Seller knows of no violations of Municipal or County Ordinances pertaining
to the Property.
6. There are no matters pending against the Seller that could give rise to alien that
would attach to the Property between April 5, 1999 and the recording of the Deed
from Seller to Buyer. Seller has not and will not execute any instruments that
would adversely affect the Buyer's interest in the Property.
7. Seller's title to, and possession and enjoyment of, the Property have been open,
notorious, peaceable and undisturbed, and have never been disputed nor
questioned. There are no persons other than Seller in possession of the
Property, except for that certain unrecorded Cattle Grazing Lease entered into
between Seller and Cresent TS Cattle Company on April 12, 2000.
8. There are no disputes concerning the boundary lines of the Property.
Exhibit G
9. Affiant has received no notice of any public hearing regarding assessment for
improvements or changes in applicable zoning laws concerning the Property
within the past ninety (90) days.
10. There are no unrecorded easements, claims of easement or rights-of-way by
Seller affecting all or any portion of the Property, except as disclosed herein and
as reflected in Schedule B -II of the title insurance policy described in paragraph
2, above.
11. For purposes of this Affidavit, the term "Environmental Law" shall mean any and
all applicable federal, state or local laws, statutes, ordinances, rules, regulations
or other governmental restrictions regulating, related to, or imposing liability or
standards of conduct concerning Hazardous Materials as hereinafter defined
("Environmental Law"). For purposes of this Affidavit, the term "Hazardous
Materials" shall mean any hazardous or toxic substance, material, or waste of
any kind or any other substance which is regulated by any Environmental Law.
Seller has not placed, or permitted to be placed, any Hazardous Materials on the
Property and Seller has no actual knowledge of any other person or entity
placing, or permitting to be placed, any Hazardous Materials on the Property.
Seller has no actual knowledge of any condition or circumstance relating to the
Property which requires or may, in the future, require cleanup, removal or other
remedial action or other response under Environmental Laws on the part of
Seller that would subject Seller or a subsequent owner of all or any portion of the
Property to liability, penalties, damages or injunctive relief. Seller has no actual
knowledge of any underground treatment, buried, partially buried or above
ground storage tanks, storage vessels, sumps, drums, containers, water, gas, or
oil wells, or landfills are or have ever been located on the Property. Seller has
never violated, and is presently in compliance with, all Environmental Laws
applicable to the Property and has not actual knowledge of any such violation by
others who have owned, occupied or possessed the Property. Seller has not
received any warning notice, notice of violation, administrative complaint, judicial
complaint or other formal or informal notice issued by any federal, state or local
environmental agency alleging that conditions on the Property are in violation of
any Environmental Law.
12. Seller states that this declaration was carefully read and is true and correct, and
is given pursuant to the requirements of that certain "ASSIGNMENT,
SETTLEMENT AND COVENANT AGREEMENT' dated as of April 8, 2008 by
and between THE GOVERNING BOARD OF THE ST. JOHNS RIVER WATER
MANAGEMENT DISTRICT and INDIAN RIVER County, a political subdivision of
the State of Florida.
FURTHER AFFIANT SAYETH NAUGHT.
By:
Title:
2
Executive Director
STATE OF FLORIDA
PUTNAM COUNTY
BEFORE ME, an officer duly authorized to take acknowledgments in the
State and County aforesaid, personally appeared Kirby B. Green, III, to me
personally known and known to me to be the Executive Director of the ST.
JOHNS RIVER WATER MANAGEMENT DISTRICT, a public body existing under
Chapter 373, Florida Statutes, who, being duly authorized, executed the
foregoing document, and he acknowledged before me that he executed the same
on behalf of the ST. JOHNS RIVER WATER MANAGEMENT DISTRICT.
WITNESS my hand and official seal this day of April, 2008.
Notary Public
(NOTARIAL SEAL) My Commission Expires:
EXHIBIT "H"
STATE OF FLORIDA
FLORIDA LAND AND WATER ADJUDICATORY COMMISSION
INDIAN RIVER COUNTY
PETITIONER,
V. WMD 07-17
ST. JOHNS RIVER WATER
MANAGEMENT DISTRICT,
RESPONDENT.
PELICAN ISLAND AUDUBON
SOCIETY, ET AL.
PETITIONERS,
V. WMD 07-18
ST. JOHNS RIVER WATER
MANAGEMENT DISTRICT,
RESPONDENT.
JOINT STIPULATION FOR DISMISSAL
Pursuant to Rule 42-2.016, Florida Administrative Code, and Fla. R. App. Proc. 9.350(x),
Petitioner, Indian River County, and Respondent, St. Johns River Water Management District,
hereby file this Joint Stipulation for Dismissal of this appeal and state that the parties have
amicably resolved their dispute.
492
Respectfully Submitted
Kathryn Mennella
Fla. Bar No. 320714
Stanley Niego
Fla. Bar No. 193830
Attorneys for St. Johns River
Water Management District
4049 Reid Street
Palatka, FL 32177-2529
(386)329-4215
DATED:
George Glenn, Esq.
Attorney for Indian River County
1840 25th Street
Vero Beach, FL 32960
DATED:
493
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that the original of the above was sent on 2008 by
e-mail and by United States mail to:
Ms. Barbara Leighty
Clerk, Florida Land and Water Adjudicatory Commission
Room 1802, The Capitol
Tallahassee, Florida 3 23 99-0001
and that a true and correct copy was sent by United States mail to:
Honorable Charlie Crist
Governor
PL 02 The Capitol
Tallahassee, FL 32399
Honorable Alex Sink
Chief Financial Officer
PL 11 The Capitol
Tallahassee, FL 32399
Bud Vielhauer
Deputy General Counsel
Kelly Samek
Sr. Asst. General Counsel
Marjory Stoneman Douglas Bldg. 3900
Commonwealth Boulevard
Tallahassee, Florida 32399-3000
George Glenn, Esq.
Attorney for Indian River County
1840 25h Street
Vero Beach, FL 32960
Honorable Bill McCollum
Attorney General
PL 01 The Capitol
Tallahassee, Florida 32399
Honorable Charles H. Bronson
Agriculture Commissioner
PL 08 The Capitol
Tallahassee, FL 32399
Marcy I. LaHari, Esq.
Attorney for Pelican Island Audubon Society, et al.
711 Talladega Street
West Palm Beach, FL 33405
Kathryn Mennella
494
Instrument Prepared and should he
returned to:
Indian River County Attorney's Office
Marian Fell, Esquire
18012 7'h Street,
Vero Beach, FL 32960
NOTICE OF LIMITATION OF USE
This Notice of Limitation of Use, dated April _, 2008, gives notice that the real
property located in Indian River County, Florida, more specifically described in Exhibit "A"
attached hereto and incorporated herein by this reference (the "Property") is jointly owned by
St. Johns River Water Management District, a public body existing Chapter 373, Florida
Statutes, whose address is P.O. Box 1429, Palatka, FL 32178 (the "District") and Indian River
County, a political subdivision of the State of Florida, whose address is 1801 27`h Street, Vero
Beach, FL 32960 (the "County"), in accordance with the terms and provisions of an
"Assignment, Settlement, and Covenant Agreement" entered into between the District and the
County dated April , 2008 (the "Agreement"). The use and management of the Property
is restricted as set forth in the Agreement and also in that certain Land Management Plan for
the Sand Lakes Restoration Area dated April 12, 2002 (the "Plan"). As set forth in the
Agreement, the Plan may be amended from time to time with the prior written approval of the
District and the County; and the Property will be available for public access and public
passive recreational uses consistent with the objectives of the Plan. Copies of the Plan and
Agreement are available at the offices of the District and the County.
Exhibit I
IN
WITNESS WHEREOF,
the
parties
have signed and sealed this Notice of
Limitation
of use the day and year
first
above
written.
ST. JOHNS RIVER WATER
MANAGEMENT DISTRICT
By
KIRBY B. GREEN, III
Executive Director
(SEAL)
Executed on: . 2008
ATTEST:
WILLIAM H. CONGDON, Deputy
General Counsel
Approved as to form and content
By:
STANLEY J. NIEGO
Sr. Assistant General Counsel, SJRWMD
STATE OF FLORIDA
PUTNAM COUNTY
BEFORE ME, an officer duly authorized to take acknowledgments in the State and
County aforesaid, personally appeared Kirby B. Green, III, to me personally known and
known to me to be the Executive Director of the ST. JOHNS RIVER WATER
MANAGEMENT DISTRICT, a public body existing under Chapter 373, Florida Statutes,
who being duly authorized, executed the foregoing document, and he acknowledged before
me that he executed the same on behalf of the ST. JOHNS RIVER WATER MANAGEMENT
DISTRICT.
WITNESS my hand and official seal this _ day of 2008.
Notary Public
(NOTARIAL SEAL) My Commission Expires:
Attest: J, K. Barton, Clerk
By
Deputy Clerk
STATE OF FLORIDA
COUNTY OF INDIAN RIVER
Indian River County, Florida
Board of County Commissioners
Loa
Date
Sandra L. Bowden, Chairman
BEFORE ME, an officer duly authorized to take acknowledgments in the State and
County aforesaid, personally appeared Sandra L. Bowden, to me personally known and
known to me to be the Chairman of the Indian River County Board of County Commissioners,
who being duly authorized, executed the foregoing document, and she acknowledged before
me that she executed the same on behalf of the Indian River County Board of County
Commissioners.
WITNESS my hand and official seal this
(NOTARIAL SEAL)
Attachment: Exhibit "A"
day of
Notary Public
My Commission Expires:
2008.
EXHIBIT "A"
LEGAL DESCRIPTION OF PROPERTY
ALL OF SECTION 7, TOWNSHIP 32 SOUTH, RANGE 38 EAST, LESS AND EXCEPTING THE NORTH
120.00 THEREOF;
AND
ALL THAT PART OF SECTIONS 8 AND 9, TOWNSHIP 32 SOUTH, RANGE 38 EAST, LYING WEST
OF THE WEST RIGHT-OF-WAY LINE OF INTERSTATE 95 (STATE ROAD NO. 9, A 300 FOOT WIDE
RIGHT-OF-WAY), LESS AND EXCEPT THAT PART OF THE NORTH 100 FEET OF SECTION 8,
TOWNSHIP 32 SOUTH, RANGE 38 EAST, LYING WEST OF THE WEST RIGHT-OF-WAY OF
INTERSTATE 95 (STATE ROAD 9, A 300 FOOT WIDE RIGHT-OF-WAY) AND EAST OF THE EAST
RIGHT-OF-WAY LINE OF THE 170 FOOT WIDE FLORIDA POWER AND LIGHT COMPANY
TRANSMISSION LINE RIGHT-OF-WAY AGREEMENT;
AND ALSO LESS AND EXCEPTING THE FOLOWING DESCRIBED PARCEL:
BEGINNING AT THE NORTHWEST CORNER OF SECTION 8, TOWNSHIP 32 SOUTH, RANGE 38
EAST, RUN SOUTH 89058'53" EAST ALONG THE NORTH LINE OF SAID SECTION 8, A DISTANCE
OF 4,332.24 FEET TO THE EAST RIGHT-OF-WAY LINE OF A 170.00 FOOT WIDE FLORIDA POWER
AND LIGHT COMPANY TRANSMISSION LINE RIGHT-OF-WAY EASEMENT, SAID EASEMENT
RECORDED IN OFFICIAL RECORD BOOK 34, PAGE 312, OFFICIAL RECORD BOOK 125, PAGE 255
AND OFFICIAL RECORD BOOK 194, PAGE 695, PUBLIC RECORDS OF INDIAN RIVER COUNTY,
FLORIDA; THENCE RUN SOUTH 18045'36" EAST ALONG SAID EAST LINE OF THE 170 FOOT
RIGHT-OF-WAY EASEMENT, A DISTANCE OF 105.62 FEET; THENCE RUN SOUTH 89°58'53" EAST
ON A LINE 100.00 FEET SOUTH OF, PARALLEL WITH AND NORMAL TO THE AFOREMENTIONED
NORTH LINE OF SECTION 8, A DISTANCE OF 746.09 FEET TO THE WEST RIGHT-OF-WAY LINE OF
INTERSTATE 95 (STATE ROAD NO. 9, A 300 FOOT WIDE RIGHT-OF-WAY); THENCE RUN SOUTH
11023'37" EAST ALONG SAID WEST RIGHT-OF-WAY LINE, A DISTANCE OF 2548.29 FEET;
THENCE, DEPARTING SAID WEST RIGHT-OF-WAY LINE, RUN NORTH 89°58153" WEST, PARALLEL
WITH AND NORMAL TO THE AFOREMENTIONED NORTH LINE OF SECTION 8, A DISTANCE OF
400.00 FEET TO THE AFOREMENTIONED EAST RIGHT-OF-WAY LINE OF THE 170.00 FOOT WIDE
FLORIDA POWER AND LIGHT COMPANY TRANSMISSION LINE RIGHT-OF-WAY EASEMENT;
THENCE RUN NORTH 18046150" WEST, ALONG SAID EAST RIGHT-OF-WAY LINE, A DISTANCE OF
2480.22 FEET; THENCE, DEPARTING SAID EAST RIGHT-OF-WAY EASEMENT LINE, RUN NORTH
89058'53" WEST ON A LINE 250.00 FEET SOUTH OF, PARALLEL WITH AND NORMAL TO THE
AFOREMENTIONED NORTH LINE OF SECTION 8, A DISTANCE OF 794.25 FEET; THENCE RUN
NORTH 80008'53" WEST, A DISTANCE OF 761.18 FEET; THENCE RUN NORTH 89°58'53" WEST ON
A LINE 120.00 FEET SOUTH OF, PARALLEL WITH AND NORMAL TO THE AFOREMENTIONED
NORTH LINE OF SECTION 8, A DISTANCE OF 2873.46 FEET TO THE WEST LINE OF SAID
SECTION 8; THENCE RUN NORTH D0012'48" EAST, ALONG SAID WEST LINE OF SECTION 8, A
DISTANCE OF 120.00 FEET TO THE POINT OF BEGINNING.